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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of emergency management in this |
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state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.003(6), Education Code, is amended to |
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read as follows: |
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(6) "Other agency of higher education" means The |
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University of Texas System, System Administration; The University |
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of Texas at El Paso [Western University] Museum; The Texas A&M |
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University System, Administrative and General Offices; Texas A&M |
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AgriLife Research [Agricultural Experiment Station]; Texas A&M |
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AgriLife [Agricultural] Extension Service; Rodent and Predatory |
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Animal Control Service (a part of the Texas A&M AgriLife |
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[Agricultural] Extension Service); Texas A&M Engineering |
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Experiment Station (including the Texas A&M Transportation |
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Institute); Texas A&M Engineering Extension Service; Texas A&M |
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Forest Service; Texas Division of Emergency Management; Texas Tech |
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University Museum; Texas State University System, System |
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Administration; Sam Houston Memorial Museum; Panhandle-Plains |
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Historical Museum; Cotton Research Committee of Texas; Texas Water |
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Resources Institute [of Texas]; Texas A&M Veterinary Medical |
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Diagnostic Laboratory; and any other unit, division, institution, |
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or agency which shall be so designated by statute or which may be |
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established to operate as a component part of any public senior |
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college or university, or which may be so classified as provided in |
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this chapter. |
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SECTION 2. Section 88.001, Education Code, is amended to |
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read as follows: |
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Sec. 88.001. AGENCIES AND SERVICES. The agencies and |
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services of the Texas A&M [A & M] University System are: |
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(1) the Texas A&M Forest Service (see Subchapter B of |
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this chapter); |
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(2) [the] Texas A&M AgriLife Research [Agricultural
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Experiment Station] (see Subchapter C of this chapter); |
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(3) the Texas A&M AgriLife [Agricultural] Extension |
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Service, established by action of the board of directors; |
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(4) the Texas A&M Engineering Experiment Station, |
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established by action of the board of directors; |
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(5) the Texas A&M Engineering Extension Service, |
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established by action of the board of directors; |
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(6) the Texas Division of Emergency Management (see |
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Subchapter C, Chapter 418, Government Code); and |
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(7) [(6)] other agencies and services that may be |
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established by law or by action of the board of directors. |
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SECTION 3. Section 418.013(b), Government Code, is amended |
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to read as follows: |
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(b) The emergency management council is composed of |
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representatives of state agencies, boards, commissions, and |
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organized volunteer groups designated by the head of each entity. |
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At least once each biennium, the governor shall review the |
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composition of the council and, if necessary, update or expand the |
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participating entities. |
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SECTION 4. Section 418.041, Government Code, is amended to |
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read as follows: |
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Sec. 418.041. ORGANIZATION. (a) The Texas Division of |
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Emergency Management is a component [division] of The Texas A&M |
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University System [the department]. |
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(b) The division is managed by a chief appointed by the |
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[public safety director of the department, with the approval of
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the] governor. The chief serves at the pleasure of the governor |
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[public safety director]. The chief must possess professional |
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training and knowledge consisting of not less than five years of |
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managerial or strategic planning experience in matters relating to |
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public safety, security, emergency services, and emergency |
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response. |
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(c) At least once every two months, the following shall meet |
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to coordinate efforts, prevent overlap of activities, and ensure |
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that the state's approach to emergency management and homeland |
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security is unified: |
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(1) a representative of the department; |
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(2) a representative of the division; |
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(3) [a representative of the governor's office of
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homeland security;
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[(4)] the presiding officer of the Homeland Security |
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Council; and |
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(4) [(5)] a state agency representative from the |
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emergency management council, selected by the chair of the |
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emergency management council. |
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(d) The division shall employ other coordinating and |
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planning officers and other professional, technical, secretarial, |
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and clerical personnel necessary to the performance of its |
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functions. |
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(e) The division shall manage and staff the state operations |
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center under an agreement with the department. |
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SECTION 5. Section 418.050(c), Government Code, is amended |
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to read as follows: |
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(c) The division, in consultation with representatives of |
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affected parties and local emergency management directors, shall |
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develop a reentry credentialing process. The division shall |
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include the credentialing process in the phased reentry plan. The |
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department [Department of Public Safety of the State of Texas] |
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shall provide support for the credentialing process. |
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SECTION 6. Section 418.051(c), Government Code, is amended |
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to read as follows: |
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(c) The communications coordination group consists of |
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members selected by the division, including representatives of: |
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(1) the Texas military forces; |
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(2) the department [Department of Public Safety of the
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State of Texas]; |
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(3) the Federal Emergency Management Agency; |
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(4) federal agencies that comprise Emergency Support |
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Function No. 2; |
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(5) the telecommunications industry, including cable |
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service providers, as defined by Section 66.002, Utilities Code; |
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(6) electric utilities, as defined by Section 31.002, |
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Utilities Code; |
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(7) gas utilities, as defined by Sections 101.003 and |
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121.001, Utilities Code; |
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(8) the National Guard's Joint Continental United |
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States Communications Support Environment; |
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(9) the National Guard Bureau; |
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(10) amateur radio operator groups; |
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(11) the Texas A&M Forest Service; |
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(12) the Texas Department of Transportation; |
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(13) the General Land Office; |
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(14) the Texas A&M Engineering Extension Service [of
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The Texas A&M University System]; |
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(15) the Public Utility Commission of Texas; |
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(16) the Railroad Commission of Texas; |
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(17) the Department of State Health Services; |
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(18) the judicial branch of state government; |
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(19) the Texas Association of Regional Councils; |
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(20) the United States Air Force Auxiliary Civil Air |
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Patrol, Texas Wing; |
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(21) each trauma service area regional advisory |
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council; |
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(22) state agencies, counties, and municipalities |
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affected by the emergency, including 9-1-1 agencies; and |
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(23) other agencies as determined by the division. |
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SECTION 7. (a) On January 1, 2020: |
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(1) the administration of the Texas Division of |
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Emergency Management shall be transferred from the Department of |
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Public Safety of the State of Texas to The Texas A&M University |
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System; |
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(2) all rules, policies, procedures, and decisions of |
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the Department of Public Safety of the State of Texas relating to |
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the administration of the Texas Division of Emergency Management |
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are continued in effect as rules, policies, procedures, and |
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decisions of The Texas A&M University System until superseded by a |
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rule or other appropriate action by The Texas A&M University |
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System; |
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(3) an employee of the Texas Division of Emergency |
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Management as operated by the Department of Public Safety of the |
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State of Texas becomes an employee of the Texas Division of |
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Emergency Management under The Texas A&M University System, and all |
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plans and benefits related to that employee are continued in effect |
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and without interruption; and |
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(4) a reference in law or administrative rule to the |
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Department of Public Safety of the State of Texas relating to the |
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administration of the Texas Division of Emergency Management means |
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The Texas A&M University System. |
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(b) For purposes of Subsection (a) of this section, an |
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employee described by that subsection is: |
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(1) eligible to transfer service credit between the |
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Employees Retirement System of Texas and the Teacher Retirement |
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System of Texas, as provided by Chapter 805, Government Code, |
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without regard to the years of service credit held in either system; |
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and |
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(2) eligible to participate in the group benefits |
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program under Chapter 1551, Insurance Code, effective on the date |
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of transfer and is not subject to the waiting period under Section |
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1551.1055, Insurance Code. |
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(c) Not later than October 1, 2019, the Department of Public |
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Safety of the State of Texas and The Texas A&M University System |
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shall enter into a memorandum of understanding relating to the |
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transfer of the administration of the Texas Division of Emergency |
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Management from the Department of Public Safety of the State of |
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Texas to The Texas A&M University System as provided by this Act. |
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The memorandum must include: |
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(1) a timetable and specific steps and methods for the |
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transfer on January 1, 2020, of all powers, duties, obligations, |
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rights, contracts, leases, records, real or personal property, and |
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unspent and unobligated appropriations and other funds relating to |
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the administration of the Texas Division of Emergency Management |
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from the Department of Public Safety of the State of Texas to The |
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Texas A&M University System; |
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(2) measures to ensure against any unnecessary |
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disruption to the operation of the Texas Division of Emergency |
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Management during the transfer process; and |
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(3) a provision that the terms of any memorandum of |
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understanding entered into previously by the governor, The Texas |
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A&M University System, the Department of Public Safety of the State |
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of Texas, and the Texas Division of Emergency Management and |
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related to the transfer remain in effect until the transfer is |
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completed. |
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SECTION 8. This Act takes effect September 1, 2019. |