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AN ACT
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relating to debris management and other disaster recovery efforts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 418, Government Code, is |
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amended by adding Sections 418.054, 418.055, 418.056, and 418.057 |
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to read as follows: |
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Sec. 418.054. CATASTROPHIC DEBRIS MANAGEMENT PLAN AND |
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TRAINING. (a) The division, in consultation with any other state |
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agencies selected by the division, shall develop a catastrophic |
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debris management plan and model guide for use by political |
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subdivisions in the event of a disaster. |
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(b) The plan must: |
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(1) provide a guide for clearance and disposal of |
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debris caused by a disaster, including information on preparing for |
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debris removal before a disaster; and |
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(2) include: |
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(A) provisions for the use of trench burners and |
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air curtain incinerators of vegetative debris, including |
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identifying sources of equipment for use immediately following a |
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disaster; and |
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(B) procedures for: |
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(i) vegetative debris burning, including |
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the role of the Texas Department of Transportation in debris |
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removal; |
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(ii) the coordination of clearance and |
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disposal of debris; |
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(iii) obtaining equipment necessary for use |
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immediately following a disaster; and |
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(iv) the interaction between political |
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subdivisions and state and federal agencies. |
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(c) The Texas A&M Engineering Extension Service shall |
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establish a training program for state agencies and political |
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subdivisions on the use of trench burners in debris removal. |
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Sec. 418.055. CONTRACTING FOR DEBRIS REMOVAL. (a) The |
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division, in consultation with the Federal Emergency Management |
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Agency, shall develop and publish a model contract for debris |
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removal services to be used by political subdivisions following a |
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disaster. |
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(b) The division shall consult with the comptroller to: |
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(1) establish appropriate contracting standards and |
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contractor requirements to include in the model contract; and |
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(2) include a contract for debris removal services on |
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the schedule of multiple award contracts developed under Subchapter |
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I, Chapter 2155, or in another cooperative purchasing program |
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administered by the comptroller. |
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Sec. 418.056. WET DEBRIS STUDY GROUP. (a) In this section, |
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"study group" means the wet debris study group established under |
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this section. |
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(b) The wet debris study group is established and composed |
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of representatives of the division, any other state agencies |
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selected by the division, and local and federal governmental |
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entities. |
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(c) The chief of the division serves as chair of the study |
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group. |
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(d) The study group shall study issues related to removal of |
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wet debris, including best practices for clearing wet debris |
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following a disaster and determining responsibility for that |
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removal. |
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(e) Not later than November 1, 2020, the study group shall |
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submit a report containing recommendations on the issues described |
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by Subsection (d) to each member of the legislature. |
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(f) The study group is abolished and this section expires |
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January 1, 2021. |
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Sec. 418.057. WORK GROUP ON LOCAL RESTRICTIONS THAT IMPEDE |
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DISASTER RECOVERY EFFORTS. (a) In this section, "work group" means |
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the work group established under this section. |
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(b) The work group is established and composed of |
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representatives of the division, any other state agencies selected |
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by the division, and local governmental entities. |
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(c) The chief of the division serves as chair of the work |
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group. |
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(d) The work group shall conduct a study on local |
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restrictions that impede disaster recovery efforts, including |
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efforts to remove debris and erect short-term housing. |
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(e) The study conducted under Subsection (d) must include: |
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(1) an overview of official actions by governing |
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bodies of political subdivisions and requirements imposed by deed |
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restrictions or property owners' associations that impede state and |
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federal disaster recovery efforts in this state; and |
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(2) recommendations for minimizing the effect of the |
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official actions and requirements described by Subdivision (1) on |
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state and federal disaster recovery efforts in this state. |
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(f) Not later than November 1, 2020, the work group shall |
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submit a written report to the members of the legislature with the |
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results of the study required under this section. |
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(g) This section expires and the work group is abolished |
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January 1, 2021. |
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SECTION 2. Not later than January 1, 2020, the Texas |
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Division of Emergency Management shall develop the catastrophic |
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debris management plan and model guide required by Section 418.054, |
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Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 5 was passed by the House on April 11, |
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2019, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 5 was passed by the Senate on May 22, |
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2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |