81R7206 EAH-F

By: Carona S.B. No. 1741

A BILL TO BE ENTITLED

AN ACT

relating to emergency management.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 418.005, Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (h) to read as follows:

(a) This section applies only to an elected or appointed public officer of the state or of a political subdivision who has management or supervisory responsibilities and:

(1) whose position description, job duties, or assignment includes emergency management responsibilities; or

(2) who plays a role in emergency preparedness, response, or recovery.

(b) Each person described by Subsection (a) shall complete a course of training provided or approved by the division of not less than three hours regarding the responsibilities of state and local governments under this chapter not later than the 180th day after the date the person:

(1) takes the oath of office, if the person is required to take an oath of office to assume the person's duties as a [an appointed] public officer; or

(2) otherwise assumes responsibilities as a [an appointed] public officer, if the person is not required to take an oath of office to assume the person's duties.

(h) The Texas Engineering Extension Service shall develop continuing education credits for employees or volunteers required to attend a training course under Subsection (b).

SECTION 2. Section 418.013, Government Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:

(b) The emergency management council is composed of representatives [the heads] of state agencies, boards, [and] commissions, and [representatives of] organized volunteer groups designated by the head of each entity.

(d) The council shall assist the division in identifying, mobilizing, and deploying state resources to respond to major emergencies and disasters throughout the state.

SECTION 3. Section 418.042, Government Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:

(a) The division shall prepare and keep current a comprehensive state emergency management plan. The plan may include:

(1) provisions for prevention and minimization of injury and damage caused by disaster;

(2) provisions for prompt and effective response to disaster;

(3) provisions for emergency relief;

(4) provisions for energy emergencies;

(5) identification of areas particularly vulnerable to disasters;

(6) recommendations for zoning, building restrictions, and other land-use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other preventive and preparedness measures designed to eliminate or reduce disasters or their impact;

(7) provisions for assistance to local officials in designing local emergency management plans;

(8) authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, fire, or other disaster;

(9) preparation and distribution to the appropriate state and local officials of state catalogs of federal, state, and private assistance programs;

(10) organization of manpower and channels of assistance;

(11) coordination of federal, state, and local emergency management activities;

(12) coordination of the state emergency management plan with the emergency management plans of the federal government;

(13) coordination of federal and state energy emergency plans; and

(14) [provisions for education and training of local officials on activation of the Emergency Alert System established under 47 C.F.R. Part 11; and

[(15)] other necessary matters relating to disasters.

(d) The division, in coordination with the Department of State Health Services, shall include in the state emergency management plan:

(1) provisions for assisting local shelter operations to develop medical special needs categories and meet the requirements of individuals with special needs; and

(2) minimum standards for short-term and long-term shelter operations.

SECTION 4. Section 418.043, Government Code, is amended to read as follows:

Sec. 418.043. OTHER POWERS AND DUTIES. The division shall:

(1) determine requirements of the state and its political subdivisions for food, clothing, and other necessities in event of a disaster;

(2) procure and position supplies, medicines, materials, and equipment;

(3) adopt standards and requirements for local and interjurisdictional emergency management plans;

(4) periodically review local and interjurisdictional emergency management plans;

(5) coordinate deployment of mobile support units;

(6) establish and operate training programs and programs of public information or assist political subdivisions and emergency management agencies to establish and operate the programs;

(7) make surveys of public and private industries, resources, and facilities in the state that are necessary to carry out the purposes of this chapter;

(8) plan and make arrangements for the availability and use of any private facilities, services, and property and provide for payment for use under terms and conditions agreed on if the facilities are used and payment is necessary;

(9) establish a register of persons with types of training and skills important in disaster mitigation, preparedness, response, and recovery;

(10) establish a register of mobile and construction equipment and temporary housing available for use in a disaster;

(11) assist political subdivisions in developing plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets in a disaster;

(12) prepare, for issuance by the governor, executive orders and regulations necessary or appropriate in coping with disasters;

(13) cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster mitigation, preparation, response, and recovery; [and]

(14) establish procedures for shelter operations to oversee and segregate populations, including sex offenders, that may pose a threat to residents;

(15) develop regional planning for health care surge capacity, including support for health care workers and volunteers, with the assistance of the Department of State Health Services, health care facilities, county officials, and other appropriate entities;

(16) develop a plan to raise public awareness and expand the capability of the information and referral network under Section 531.0312;

(17) report to the legislature the division's recommendations to improve the integration of faith-based organizations into emergency management plans; and

(18) do other things necessary, incidental, or appropriate for the implementation of this chapter.

SECTION 5. Section 418.045, Government Code, is amended to read as follows:

Sec. 418.045. TEMPORARY PERSONNEL. (a) The division may employ or contract with temporary personnel from funds appropriated to the division, from federal funds, or from the disaster contingency fund. The merit system does not apply to the temporary or contract positions.

(b) The division may enroll, organize, train, and equip a cadre of disaster reservists with specialized skills in disaster recovery, hazard mitigation, community outreach, and public information to temporarily augment its permanent staff. The division may activate enrolled disaster reservists to support recovery operations in the aftermath of a disaster or major emergency and pay them at a daily rate commensurate with their qualifications and experience. Chapter 654, Chapter 2254, and Subtitle D, Title 10, do not apply in relation to a disaster reservist under this subsection.

SECTION 6. Section 418.048, Government Code, is amended to read as follows:

Sec. 418.048. MONITORING WEATHER[; SUSPENSION OF WEATHER MODIFICATION]. [(a)] The division shall keep continuously apprised of weather conditions that present danger of climatic activity, such as precipitation, severe enough to constitute a disaster.

[(b) If the division determines that precipitation that may result from weather modification operations, either by itself or in conjunction with other precipitation or climatic conditions or activity, would create or contribute to the severity of a disaster, it shall request in the name of the governor that the officer or agency empowered to issue permits for weather modification operations suspend the issuance of permits. On the governor's request, no permits may be issued until the division informs the officer or agency that the danger has passed.]

SECTION 7. Subchapter D, Chapter 418, Government Code, is amended by adding Section 418.075 to read as follows:

Sec. 418.075. REQUEST FOR FUNDS; HOSPITALS. A hospital may request funding from the disaster contingency fund or through a mutual aid agreement with a political subdivision for deployment of hospital services, treatment of evacuees, and nonlocal emergency medical services in the event of a disaster.

SECTION 8. Section 418.107(b), Government Code, is amended to read as follows:

(b) Political subdivisions may make agreements for the purpose of organizing emergency management service divisions and provide for a mutual method of financing the organization of units on a basis satisfactory to the subdivisions. [The functioning of the units shall be coordinated by the emergency management council.]

SECTION 9. Section 418.117, Government Code, is amended to read as follows:

Sec. 418.117. LICENSE PORTABILITY. If the assistance of a person who holds a license, certificate, permit, or other document evidencing qualification in a professional, mechanical, or other skill is requested by a state agency or local government entity under the system, the person is considered licensed, certified, permitted, or otherwise documented in the political subdivision in which the service is provided as long as the service is required, subject to any limitations imposed by the chief executive officer or the governing body of the requesting state agency or local government entity.

SECTION 10. Section 418.172(b), Government Code, is amended to read as follows:

(b) If sufficient funds are not available for the required insurance, an agency may request funding from [petition] the disaster contingency fund [emergency funding board] to purchase the insurance [on the agency's behalf. The board may spend money from that fund for that purpose].

SECTION 11. Subchapter H, Chapter 418, Government Code, is amended by adding Section 418.188 to read as follows:

Sec. 418.188. POSTDISASTER EVALUATION. Not later than the 30th day after the date a request is received from the division, a state agency, political subdivision, or interjurisdictional agency shall conduct an evaluation of the entity's response to a disaster, identify areas for improvement, and issue a report of the evaluation to the division.

SECTION 12. Section 531.0312, Government Code, is amended by adding Subsection (f) to read as follows:

(f) A public or private entity serving persons who would require assistance in the event of a disaster evacuation, including a nursing home, assisted living center, or home health agency, shall provide the Texas Information and Referral Network with information about the number of persons served by the entity and the type of assistance required by those persons in the event of a disaster evacuation. The entity shall provide the information in a form determined by the executive commissioner and shall update the information at least quarterly or as required by the network. On request, the network shall provide the information collected under this subsection to a state or local emergency management official.

SECTION 13. Section 771.051(a), Health and Safety Code, is amended to read as follows:

(a) The commission is the state's authority on emergency communications. The commission shall:

(1) administer the implementation of statewide 9-1-1 service and the telecommunications requirements for poison control centers under Chapter 777;

(2) develop minimum performance standards for equipment and operation of 9-1-1 service to be followed in developing regional plans under Section 771.055, including requirements that the plans provide for:

(A) automatic number identification by which the telephone number of the caller is automatically identified at the public safety answering point receiving the call; and

(B) other features the commission considers appropriate;

(3) examine and approve or disapprove regional plans as provided by Section 771.056;

(4) recommend minimum training standards, assist in training, and provide assistance in the establishment and operation of 9-1-1 service;

(5) allocate money to prepare and operate regional plans as provided by Section 771.056;

(6) develop and provide public education materials and training;

(7) plan, implement, operate, and maintain poison control center databases and assist in planning, supporting, and facilitating 9-1-1 databases, as needed;

(8) provide grants or contracts for services that enhance the effectiveness of 9-1-1 service;

(9) coordinate emergency communications services and providers;

(10) make reasonable efforts to gain voluntary cooperation in the commission's activities of emergency communications authorities and providers outside the commission's jurisdiction, including:

(A) making joint communications to state and federal regulators; and

(B) arranging cooperative purchases of equipment or services; [and]

(11) provide education for local officials on the operation of the Emergency Alert System, including how to:

(A) access the system to issue warnings to the public; and

(B) provide information about emergency situations to the public; and

(12) accept, receive, and deposit in its account in the general revenue fund gifts, grants, and royalties from public and private entities. Gifts, grants, and royalties may be used for the purposes of the commission.

SECTION 14. Section 418.072, Government Code, is repealed.

SECTION 15. On the effective date of this Act, the disaster emergency funding board is abolished.

SECTION 16. The changes in law made by this Act by the amendment of Section 418.005, Government Code, apply only to a public officer elected or appointed on or after the effective date of this Act. A public officer elected or appointed before the effective date of this Act is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose.

SECTION 17. This Act takes effect September 1, 2009.