89S10627 KRM-D
 
  By: Bell of Montgomery H.B. No. 242
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to flood safety and disaster preparedness.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 418, Government Code, is
  amended by adding Section 418.193 to read as follows:
         Sec. 418.193.  OUTDOOR WARNING SIRENS REQUIRED IN FLOOD-RISK
  ZONES. (a) In this section:
               (1)  "Flood-risk zone" means an area along a river
  impacted by a flooding event at least once in the preceding 100
  years.
               (2)  "Outdoor warning siren" means a system that
  produces a sound designed to alert a person who is outdoors of an
  imminent flooding event and encourage the person to immediately
  seek shelter.
         (b)  Except as provided by Subsection (e), for each
  flood-risk zone, the division shall require the appropriate
  municipality or county to install, maintain, and operate outdoor
  warning sirens at two-mile intervals near the river in the area
  classified as a flood-risk zone in accordance with division rules
  adopted under this section.
         (c)  Each outdoor warning siren must be equipped with:
               (1)  a water-level sensor; and
               (2)  a solar-powered backup energy source.
         (d)  If the site of an outdoor warning siren installation is
  within:
               (1)  the boundaries of a municipality, the municipality
  shall install, maintain, and operate the siren; or
               (2)  the unincorporated area of a county, the county
  shall install, maintain, and operate the siren.
         (e)  The division may not require a local government entity
  that maintains and operates in a flood-risk zone an outdoor warning
  siren compliant with the minimum standards adopted by division rule
  to install, maintain, and operate an additional outdoor warning
  siren.
         (f)  Municipalities, counties, and other local government
  entities may by written agreement jointly install, maintain, or
  operate an outdoor warning siren in a flood-risk zone.
         (g)  The division shall require each county or municipality
  with an outdoor warning siren required under this section or any
  other local government entity with an outdoor warning siren in a
  flood-risk zone to regularly test the functionality of the outdoor
  warning siren and document the results of those tests.
         (h)  The division shall adopt rules and procedures to
  implement this section, including:
               (1)  procedures for the operation of an outdoor warning
  siren in a flood-risk zone; and
               (2)  minimum standards for an outdoor warning siren
  installed, maintained, or operated in a flood-risk zone.
         SECTION 2.  Chapter 418, Government Code, is amended by
  adding Subchapter L to read as follows:
  SUBCHAPTER L. STATEWIDE NATURAL DISASTER ALERT SYSTEM
         Sec. 418.401.  DEFINITIONS. In this subchapter:
               (1)  "Alert system" means the statewide natural
  disaster alert system described by this subchapter.
               (2)  "Natural disaster" means the occurrence or
  imminent threat of widespread or severe damage, injury, or loss of
  life or property resulting from any natural cause, including fire,
  flood, earthquake, hurricane, wind, storm, wave action, volcanic
  activity, blight, drought, infestation, extreme heat, or other
  natural public calamity requiring emergency action.
         Sec. 418.402.  ESTABLISHMENT OF ALERT SYSTEM. (a) The
  division, with the cooperation of the office of the governor and
  other agencies as necessary, shall develop and implement a
  statewide natural disaster alert system to activate in the event of
  a natural disaster affecting any location in this state.
         (b)  A local government entity that chooses to implement an
  alert system under this subchapter may use available local money
  for the purpose of participating in the alert system and may
  contract with the department for services associated with the alert
  system.
         (c)  The alert system must be:
               (1)  operated in conjunction with any other emergency
  alert system required by federal or state law; and
               (2)  designed to notify persons statewide of a natural
  disaster affecting any location in this state using an alert tone
  distinct from other statewide alert systems.
         Sec. 418.403.  ACTIVATION OF ALERT SYSTEM. (a) When the
  division determines a natural disaster has occurred or the
  occurrence or threat of natural disaster is imminent or is notified
  of a declaration of disaster under this chapter involving a natural
  disaster, the division may immediately activate the alert system.
  A local government entity in coordination with the division may
  choose the manner in which the alert system is activated and
  notifications are issued in the entity's geographic region.
         (b)  The division may activate the alert system only within a
  100-mile radius of an area in which the division:
               (1)  determines:
                     (A)  a natural disaster has occurred; or
                     (B)  the occurrence or threat of natural disaster
  is imminent; or
               (2)  is notified of a declaration of disaster under
  this chapter involving a natural disaster.
         (c)  The division, or local government entity, as
  appropriate, may issue updated notifications for the duration of
  the natural disaster.
         Sec. 418.404.  ALERT SYSTEM REQUIREMENTS. The alert system
  must use geographic targeting technology to identify and send
  alerts to individuals residing within a 100-mile radius of the area
  identified under Section 418.403(b) and may not allow the
  individuals to opt out of notification through the alert system.
         Sec. 418.405.  RULES. The division shall adopt rules
  necessary to implement this subchapter.
         SECTION 3.  Chapter 141, Health and Safety Code, is amended
  by adding Section 141.0093 to read as follows:
         Sec. 141.0093.  FLOOD SAFETY REQUIREMENTS. The youth camp
  operator of a youth camp located within one mile of a river or lake
  that is at risk of flooding must equip:
               (1)  each cabin with a radio to allow communication
  during an emergency; and
               (2)  each bed with a flotation device sufficient to
  keep a camper afloat in the event of a flooding emergency.
         SECTION 4.  This Act takes effect on the 91st day after the
  last day of the legislative session.