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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency management. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.005, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (h) to read |
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as follows: |
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(a) This section applies only to an elected or appointed |
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public officer of the state or of a political subdivision who has |
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management or supervisory responsibilities and: |
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(1) whose position description, job duties, or |
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assignment includes emergency management responsibilities; or |
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(2) who plays a role in emergency preparedness, |
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response, or recovery. |
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(b) Each person described by Subsection (a) shall complete a |
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course of training provided or approved by the division of not less |
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than three hours regarding the responsibilities of state and local |
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governments under this chapter not later than the 180th day after |
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the date the person: |
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(1) takes the oath of office, if the person is required |
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to take an oath of office to assume the person's duties as a [an
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appointed] public officer; or |
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(2) otherwise assumes responsibilities as a [an
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appointed] public officer, if the person is not required to take an |
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oath of office to assume the person's duties. |
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(h) The Texas Engineering Extension Service shall develop |
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continuing education credits for employees or volunteers required |
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to attend a training course under Subsection (b). |
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SECTION 2. Section 418.013, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The emergency management council is composed of |
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representatives [the heads] of state agencies, boards, [and] |
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commissions, and [representatives of] organized volunteer groups |
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designated by the head of each entity. |
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(d) The council shall assist the division in identifying, |
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mobilizing, and deploying state resources to respond to major |
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emergencies and disasters throughout the state. |
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SECTION 3. Section 418.042, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) The division shall prepare and keep current a |
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comprehensive state emergency management plan. The plan may |
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include: |
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(1) provisions for prevention and minimization of |
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injury and damage caused by disaster; |
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(2) provisions for prompt and effective response to |
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disaster; |
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(3) provisions for emergency relief; |
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(4) provisions for energy emergencies; |
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(5) identification of areas particularly vulnerable |
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to disasters; |
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(6) recommendations for zoning, building |
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restrictions, and other land-use controls, safety measures for |
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securing mobile homes or other nonpermanent or semipermanent |
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structures, and other preventive and preparedness measures |
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designed to eliminate or reduce disasters or their impact; |
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(7) provisions for assistance to local officials in |
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designing local emergency management plans; |
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(8) authorization and procedures for the erection or |
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other construction of temporary works designed to protect against |
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or mitigate danger, damage, or loss from flood, fire, or other |
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disaster; |
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(9) preparation and distribution to the appropriate |
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state and local officials of state catalogs of federal, state, and |
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private assistance programs; |
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(10) organization of manpower and channels of |
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assistance; |
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(11) coordination of federal, state, and local |
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emergency management activities; |
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(12) coordination of the state emergency management |
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plan with the emergency management plans of the federal government; |
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(13) coordination of federal and state energy |
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emergency plans; and |
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(14) [provisions for education and training of local
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officials on activation of the Emergency Alert System established
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under 47 C.F.R. Part 11; and
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[(15)] other necessary matters relating to disasters. |
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(d) The division, in coordination with the Department of |
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State Health Services, shall include in the state emergency |
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management plan: |
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(1) provisions for assisting local shelter operations |
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to develop medical special needs categories and meet the |
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requirements of individuals with special needs; and |
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(2) minimum standards for short-term and long-term |
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shelter operations. |
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SECTION 4. Section 418.043, Government Code, is amended to |
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read as follows: |
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Sec. 418.043. OTHER POWERS AND DUTIES. The division shall: |
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(1) determine requirements of the state and its |
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political subdivisions for food, clothing, and other necessities in |
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event of a disaster; |
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(2) procure and position supplies, medicines, |
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materials, and equipment; |
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(3) adopt standards and requirements for local and |
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interjurisdictional emergency management plans; |
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(4) periodically review local and interjurisdictional |
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emergency management plans; |
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(5) coordinate deployment of mobile support units; |
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(6) establish and operate training programs and |
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programs of public information or assist political subdivisions and |
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emergency management agencies to establish and operate the |
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programs; |
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(7) make surveys of public and private industries, |
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resources, and facilities in the state that are necessary to carry |
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out the purposes of this chapter; |
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(8) plan and make arrangements for the availability |
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and use of any private facilities, services, and property and |
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provide for payment for use under terms and conditions agreed on if |
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the facilities are used and payment is necessary; |
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(9) establish a register of persons with types of |
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training and skills important in disaster mitigation, |
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preparedness, response, and recovery; |
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(10) establish a register of mobile and construction |
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equipment and temporary housing available for use in a disaster; |
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(11) assist political subdivisions in developing |
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plans for the humane evacuation, transport, and temporary |
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sheltering of service animals and household pets in a disaster; |
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(12) prepare, for issuance by the governor, executive |
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orders and regulations necessary or appropriate in coping with |
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disasters; |
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(13) cooperate with the federal government and any |
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public or private agency or entity in achieving any purpose of this |
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chapter and in implementing programs for disaster mitigation, |
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preparation, response, and recovery; [and] |
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(14) establish procedures for shelter operations to |
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oversee and segregate populations, including sex offenders, that |
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may pose a threat to residents; |
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(15) develop regional planning for health care surge |
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capacity, including support for health care workers and volunteers, |
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with the assistance of the Department of State Health Services, |
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health care facilities, county officials, and other appropriate |
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entities; |
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(16) develop a plan to raise public awareness and |
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expand the capability of the information and referral network under |
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Section 531.0312; |
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(17) report to the legislature the division's |
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recommendations to improve the integration of faith-based |
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organizations into emergency management plans; and |
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(18) do other things necessary, incidental, or |
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appropriate for the implementation of this chapter. |
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SECTION 5. Section 418.045, Government Code, is amended to |
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read as follows: |
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Sec. 418.045. TEMPORARY PERSONNEL. (a) The division may |
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employ or contract with temporary personnel from funds appropriated |
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to the division, from federal funds, or from the disaster |
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contingency fund. The merit system does not apply to the temporary |
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or contract positions. |
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(b) The division may enroll, organize, train, and equip a |
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cadre of disaster reservists with specialized skills in disaster |
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recovery, hazard mitigation, community outreach, and public |
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information to temporarily augment its permanent staff. The |
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division may activate enrolled disaster reservists to support |
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recovery operations in the aftermath of a disaster or major |
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emergency and pay them at a daily rate commensurate with their |
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qualifications and experience. Chapter 654, Chapter 2254, and |
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Subtitle D, Title 10, do not apply in relation to a disaster |
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reservist under this subsection. |
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SECTION 6. Section 418.048, Government Code, is amended to |
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read as follows: |
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Sec. 418.048. MONITORING WEATHER[; SUSPENSION OF WEATHER
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MODIFICATION]. [(a)] The division shall keep continuously |
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apprised of weather conditions that present danger of climatic |
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activity, such as precipitation, severe enough to constitute a |
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disaster. |
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[(b)
If the division determines that precipitation that may
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result from weather modification operations, either by itself or in
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conjunction with other precipitation or climatic conditions or
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activity, would create or contribute to the severity of a disaster,
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it shall request in the name of the governor that the officer or
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agency empowered to issue permits for weather modification
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operations suspend the issuance of permits. On the governor's
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request, no permits may be issued until the division informs the
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officer or agency that the danger has passed.] |
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SECTION 7. Subchapter D, Chapter 418, Government Code, is |
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amended by adding Section 418.075 to read as follows: |
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Sec. 418.075. REQUEST FOR FUNDS; HOSPITALS. A hospital may |
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request funding from the disaster contingency fund or through a |
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mutual aid agreement with a political subdivision for deployment of |
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hospital services, treatment of evacuees, and nonlocal emergency |
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medical services in the event of a disaster. |
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SECTION 8. Section 418.107(b), Government Code, is amended |
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to read as follows: |
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(b) Political subdivisions may make agreements for the |
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purpose of organizing emergency management service divisions and |
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provide for a mutual method of financing the organization of units |
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on a basis satisfactory to the subdivisions. [The functioning of
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the units shall be coordinated by the emergency management
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council.] |
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SECTION 9. Section 418.117, Government Code, is amended to |
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read as follows: |
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Sec. 418.117. LICENSE PORTABILITY. If the assistance of a |
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person who holds a license, certificate, permit, or other document |
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evidencing qualification in a professional, mechanical, or other |
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skill is requested by a state agency or local government entity |
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under the system, the person is considered licensed, certified, |
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permitted, or otherwise documented in the political subdivision in |
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which the service is provided as long as the service is required, |
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subject to any limitations imposed by the chief executive officer |
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or the governing body of the requesting state agency or local |
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government entity. |
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SECTION 10. Section 418.172(b), Government Code, is amended |
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to read as follows: |
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(b) If sufficient funds are not available for the required |
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insurance, an agency may request funding from [petition] the |
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disaster contingency fund [emergency funding board] to purchase the |
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insurance [on the agency's behalf. The board may spend money from
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that fund for that purpose]. |
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SECTION 11. Subchapter H, Chapter 418, Government Code, is |
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amended by adding Section 418.188 to read as follows: |
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Sec. 418.188. POSTDISASTER EVALUATION. Not later than the |
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30th day after the date a request is received from the division, a |
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state agency, political subdivision, or interjurisdictional agency |
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shall conduct an evaluation of the entity's response to a disaster, |
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identify areas for improvement, and issue a report of the |
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evaluation to the division. |
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SECTION 12. Section 531.0312, Government Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) A public or private entity serving persons who would |
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require assistance in the event of a disaster evacuation, including |
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a nursing home, assisted living center, or home health agency, |
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shall provide the Texas Information and Referral Network with |
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information about the number of persons served by the entity and the |
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type of assistance required by those persons in the event of a |
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disaster evacuation. The entity shall provide the information in a |
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form determined by the executive commissioner and shall update the |
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information at least quarterly or as required by the network. On |
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request, the network shall provide the information collected under |
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this subsection to a state or local emergency management official. |
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SECTION 13. Section 771.051(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commission is the state's authority on emergency |
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communications. The commission shall: |
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(1) administer the implementation of statewide 9-1-1 |
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service and the telecommunications requirements for poison control |
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centers under Chapter 777; |
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(2) develop minimum performance standards for |
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equipment and operation of 9-1-1 service to be followed in |
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developing regional plans under Section 771.055, including |
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requirements that the plans provide for: |
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(A) automatic number identification by which the |
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telephone number of the caller is automatically identified at the |
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public safety answering point receiving the call; and |
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(B) other features the commission considers |
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appropriate; |
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(3) examine and approve or disapprove regional plans |
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as provided by Section 771.056; |
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(4) recommend minimum training standards, assist in |
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training, and provide assistance in the establishment and operation |
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of 9-1-1 service; |
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(5) allocate money to prepare and operate regional |
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plans as provided by Section 771.056; |
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(6) develop and provide public education materials and |
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training; |
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(7) plan, implement, operate, and maintain poison |
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control center databases and assist in planning, supporting, and |
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facilitating 9-1-1 databases, as needed; |
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(8) provide grants or contracts for services that |
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enhance the effectiveness of 9-1-1 service; |
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(9) coordinate emergency communications services and |
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providers; |
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(10) make reasonable efforts to gain voluntary |
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cooperation in the commission's activities of emergency |
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communications authorities and providers outside the commission's |
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jurisdiction, including: |
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(A) making joint communications to state and |
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federal regulators; and |
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(B) arranging cooperative purchases of equipment |
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or services; [and] |
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(11) provide education for local officials on the |
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operation of the Emergency Alert System, including how to: |
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(A) access the system to issue warnings to the |
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public; and |
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(B) provide information about emergency |
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situations to the public; and |
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(12) accept, receive, and deposit in its account in |
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the general revenue fund gifts, grants, and royalties from public |
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and private entities. Gifts, grants, and royalties may be used for |
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the purposes of the commission. |
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SECTION 14. Section 418.072, Government Code, is repealed. |
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SECTION 15. On the effective date of this Act, the disaster |
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emergency funding board is abolished. |
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SECTION 16. The changes in law made by this Act by the |
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amendment of Section 418.005, Government Code, apply only to a |
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public officer elected or appointed on or after the effective date |
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of this Act. A public officer elected or appointed before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and the former law is continued in |
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effect for that purpose. |
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SECTION 17. This Act takes effect September 1, 2009. |