|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to disaster preparedness, response, and recovery; |
|
requiring a license; authorizing fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 49.04, Code of Criminal Procedure, is |
|
amended by adding Subsection (a-1) to read as follows: |
|
(a-1) This subsection expires April 1, 2027. |
|
Notwithstanding Subsection (a) and Subchapter F, Chapter 264, |
|
Family Code, a justice of the peace is not required to conduct an |
|
inquest into the death of a person who dies in the county served by |
|
the justice if: |
|
(1) the justice determines by clear and convincing |
|
evidence that: |
|
(A) the cause of death was the result of injuries |
|
sustained as a result of a natural disaster; and |
|
(B) the death was not caused by an unlawful act or |
|
omission; and |
|
(2) a person described by Article 49.33(a) is not |
|
otherwise seeking an inquest, regardless of the person's listed |
|
priority for purposes of that subsection. |
|
SECTION 2. Article 49.10, Code of Criminal Procedure, is |
|
amended by adding Subsection (e-1) to read as follows: |
|
(e-1) This subsection expires April 1, 2027. |
|
Notwithstanding Subsections (c) and (e) and Subchapter F, Chapter |
|
264, Family Code, for each body that is the subject of an inquest by |
|
a justice of the peace, the justice may certify that an autopsy is |
|
not necessary if: |
|
(1) the justice determines by clear and convincing |
|
evidence that: |
|
(A) the cause of death was the result of injuries |
|
sustained as a result of a natural disaster; and |
|
(B) the death was not caused by an unlawful act or |
|
omission; and |
|
(2) a person described by Article 49.33(a) is not |
|
otherwise seeking an autopsy, regardless of the person's listed |
|
priority for purposes of that subsection. |
|
SECTION 3. Article 49A.053, Code of Criminal Procedure, as |
|
added by H.B. 1610, Acts of the 89th Legislature, Regular Session, |
|
2025, and effective April 1, 2027, is amended by adding Subsection |
|
(a-1) to read as follows: |
|
(a-1) Notwithstanding Subsection (a) and Subchapter F, |
|
Chapter 264, Family Code, a justice of the peace is not required to |
|
conduct an inquest into the death of a person who dies in the county |
|
served by the justice if: |
|
(1) the justice determines by clear and convincing |
|
evidence that: |
|
(A) the cause of death was the result of injuries |
|
sustained as a result of a natural disaster; and |
|
(B) the death was not caused by an unlawful act or |
|
omission; and |
|
(2) a person described by Article 49A.203(a) is not |
|
otherwise seeking an inquest, regardless of the person's listed |
|
priority for purposes of that subsection. |
|
SECTION 4. Article 49A.063, Code of Criminal Procedure, as |
|
added by H.B. 1610, Acts of the 89th Legislature, Regular Session, |
|
2025, and effective April 1, 2027, is amended by adding Subsection |
|
(c-1) to read as follows: |
|
(c-1) Notwithstanding Subsections (b) and (c) and |
|
Subchapter F, Chapter 264, Family Code, for each body that is the |
|
subject of an inquest by a justice of the peace, the justice may |
|
certify that an autopsy is not necessary if: |
|
(1) the justice determines by clear and convincing |
|
evidence that: |
|
(A) the cause of death was the result of injuries |
|
sustained as a result of a natural disaster; and |
|
(B) the death was not caused by an unlawful act or |
|
omission; and |
|
(2) a person described by Article 49A.203(a) is not |
|
otherwise seeking an autopsy, regardless of the person's listed |
|
priority for purposes of that subsection. |
|
SECTION 5. Subchapter A, Chapter 27, Government Code, is |
|
amended by adding Section 27.0055 to read as follows: |
|
Sec. 27.0055. EDUCATIONAL REQUIREMENTS FOR CERTAIN |
|
JUSTICES OF THE PEACE. (a) This section applies only to a justice |
|
of the peace of a county not served by a medical examiner. |
|
(b) The Department of State Health Services, in |
|
collaboration with the Texas Division of Emergency Management, |
|
shall develop a training program for justices of the peace on |
|
managing mass fatality events. The training program must include: |
|
(1) decision-making protocols for ordering an |
|
autopsy; |
|
(2) standards for identifying and documenting bodies; |
|
and |
|
(3) best practices on: |
|
(A) collecting and reporting data regarding |
|
missing persons; |
|
(B) coordinating efforts with multiple |
|
governmental agencies during mass fatality events; and |
|
(C) providing real-time status updates and |
|
notifications for close relatives of a victim of a mass fatality. |
|
(c) For purposes of removal under Chapter 87, Local |
|
Government Code, "incompetency" in the case of a justice of the |
|
peace includes the failure of the justice to successfully complete |
|
within one year after the date the justice is first elected the |
|
training program developed under this section. |
|
SECTION 6. Section 411.1236, Government Code, is amended to |
|
read as follows: |
|
Sec. 411.1236. ACCESS TO CRIMINAL HISTORY RECORD |
|
INFORMATION: TEXAS COMMISSION ON FIRE PROTECTION. (a) The Texas |
|
Commission on Fire Protection is entitled to obtain as provided by |
|
Subsection (a-1) [from the department] criminal history record |
|
information [maintained by the department] that relates to a person |
|
who is: |
|
(1) an applicant for or holder of a license issued |
|
under Subchapter M, Chapter 418, or Chapter 419; or |
|
(2) an applicant for employment by or an employee of |
|
the commission. |
|
(a-1) Subject to Sections 411.087 and 418.459 and |
|
consistent with the public policy of this state, the Texas |
|
Commission on Fire Protection is entitled to: |
|
(1) obtain through the Federal Bureau of Investigation |
|
criminal history record information maintained or indexed by that |
|
bureau that pertains to an applicant for or holder of a license |
|
issued under Subchapter M, Chapter 418; and |
|
(2) obtain from the department or any other criminal |
|
justice agency in this state criminal history record information |
|
maintained by the department or that criminal justice agency that |
|
relates to a person described by Subsection (a). |
|
(b) The Texas Commission on Fire Protection may not release |
|
or disclose to any person criminal history record information |
|
obtained from the Federal Bureau of Investigation under Subsection |
|
(a-1)(1). Criminal history record information obtained by the |
|
Texas Commission on Fire Protection under Subsection (a-1)(2) [(a)] |
|
may not be released to any person or agency except on court order or |
|
with the consent of the person who is the subject of the criminal |
|
history record information, or as provided by Subsection (c). |
|
(c) The Texas Commission on Fire Protection is not |
|
prohibited from disclosing criminal history record information |
|
obtained under Subsection (a-1)(2) in a criminal proceeding or in a |
|
hearing conducted by the commission or by the State Office of |
|
Administrative Hearings on behalf of the commission [if the |
|
information is entered into evidence by the board in an |
|
administrative, civil, or criminal hearing under Chapter 419]. |
|
(d) The Texas Commission on Fire Protection shall destroy |
|
criminal history record information that is obtained under this |
|
section after the information is used for its authorized purpose. |
|
SECTION 7. Subchapter F, Chapter 411, Government Code, is |
|
amended by adding Section 411.14104 to read as follows: |
|
Sec. 411.14104. ACCESS TO CRIMINAL HISTORY RECORD |
|
INFORMATION: TEXAS DIVISION OF EMERGENCY MANAGEMENT. (a) The |
|
Texas Division of Emergency Management is entitled to obtain |
|
criminal history record information as provided by Subsection (b) |
|
that relates to a person who registers as a volunteer for |
|
governmental disaster response or recovery operations under |
|
Subchapter N, Chapter 418. |
|
(b) Subject to Sections 411.087 and 418.485 and consistent |
|
with the public policy of this state, the Texas Division of |
|
Emergency Management is entitled to obtain from the department or |
|
any other criminal justice agency in this state criminal history |
|
record information maintained by the department or that criminal |
|
justice agency that relates to a person described by Subsection |
|
(a). |
|
(c) Criminal history record information obtained by the |
|
Texas Division of Emergency Management under Subsection (b) may not |
|
be released or disclosed to any person except on court order or as |
|
provided by Subsection (d). |
|
(d) The Texas Division of Emergency Management is not |
|
prohibited from disclosing criminal history record information |
|
obtained under Subsection (b) in a criminal proceeding. |
|
(e) The Texas Division of Emergency Management shall |
|
destroy criminal history record information that is obtained under |
|
this section after the information is used for its authorized |
|
purpose. |
|
SECTION 8. Sections 418.005(a) and (b), Government Code, |
|
are amended to read as follows: |
|
(a) This section applies only to: |
|
(1) an elected law enforcement officer or county |
|
judge, or an appointed public officer of the state or of a political |
|
subdivision, who has management or supervisory responsibilities |
|
and: |
|
(A) whose position description, job duties, or |
|
assignment includes emergency management responsibilities; or |
|
(B) who plays a role in emergency preparedness, |
|
response, or recovery; and |
|
(2) an emergency management coordinator designated |
|
under Section 418.1015(c) [by the emergency management director of |
|
a county with a population of 500,000 or more]. |
|
(b) Each person described by Subsection (a) shall complete a |
|
course of training provided or approved by the division of not less |
|
than 16 [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 public |
|
officer; |
|
(2) otherwise assumes responsibilities as a public |
|
officer, if the person is not required to take an oath of office to |
|
assume the person's duties; or |
|
(3) is designated as an emergency management |
|
coordinator under Section 418.1015(c). |
|
SECTION 9. Section 418.1015, Government Code, is amended by |
|
adding Subsections (e), (f), and (g) to read as follows: |
|
(e) If a disaster is imminent or occurring or has recently |
|
occurred and the presiding officer of the governing body of a county |
|
is not able to act as emergency management director for the county |
|
because the presiding officer is absent from the county, |
|
incapacitated, deceased, or otherwise unavailable, the following |
|
persons in the following order of priority, as available, are |
|
designated as the emergency management director for the county for |
|
purposes of the disaster until the presiding officer becomes |
|
available: |
|
(1) the sheriff; or |
|
(2) the county commissioner with the longest period of |
|
continuous service on the commissioners court. |
|
(f) If a disaster is imminent or occurring or has recently |
|
occurred and the presiding officer of the governing body of an |
|
incorporated city is not able to act as emergency management |
|
director for the city because the presiding officer is absent from |
|
the city, incapacitated, deceased, or otherwise unavailable, the |
|
following persons in the following order of priority, as available, |
|
are designated as the emergency management director for the city |
|
for purposes of the disaster until the presiding officer becomes |
|
available: |
|
(1) the mayor pro tempore of the city; |
|
(2) if an elected position, the marshal of the city; or |
|
(3) the member of the governing body of the city with |
|
the longest period of continuous service on the governing body. |
|
(g) Each county and incorporated city by order, ordinance, |
|
or other measure may adopt procedures to implement Subsection (e) |
|
or (f), as applicable. |
|
SECTION 10. Section 418.106, Government Code, is amended by |
|
adding Subsections (b-1) and (f) to read as follows: |
|
(b-1) In a county with a population of 68,750 or less, a |
|
local or interjurisdictional emergency management agency's |
|
emergency management plan must include procedures to establish a |
|
unified incident command structure for the county and any |
|
municipality located in the county. |
|
(f) Each local or interjurisdictional emergency management |
|
agency shall annually conduct a drill on the agency's emergency |
|
management plan. The division shall supervise all emergency |
|
management plan drills. |
|
SECTION 11. Subchapter E, Chapter 418, Government Code, is |
|
amended by adding Section 418.1103 to read as follows: |
|
Sec. 418.1103. POST-DISASTER AFTER-ACTION REPORT. (a) A |
|
local or interjurisdictional emergency management agency for an |
|
area that is wholly or partly the subject of a disaster declaration |
|
by the governor under this chapter or by the president of the United |
|
States shall: |
|
(1) complete a post-disaster after-action report on a |
|
form prescribed by the division not later than the 60th day after |
|
the date a disaster declaration expires or is terminated; and |
|
(2) submit the report to the division. |
|
(b) The division shall adopt the post-disaster after-action |
|
report form required to be completed and submitted under this |
|
section. |
|
SECTION 12. Chapter 418, Government Code, is amended by |
|
adding Subchapters M and N to read as follows: |
|
SUBCHAPTER M. EMERGENCY MANAGER LICENSES |
|
Sec. 418.451. DEFINITIONS. In this subchapter: |
|
(1) "Commission" means the Texas Commission on Fire |
|
Protection. |
|
(2) "Emergency manager" means a person who holds an |
|
emergency manager license under this subchapter. |
|
(3) "Emergency manager license" means a license issued |
|
under this subchapter and includes a bridge, basic, intermediate, |
|
advanced, or master license. |
|
Sec. 418.452. ADMINISTRATOR; RULES; FEES. (a) The |
|
commission shall administer and enforce this subchapter. |
|
(b) The commission may adopt rules to implement this |
|
subchapter. The division shall adopt rules regarding the minimum |
|
requirements for each type of license and the minimum requirements |
|
for the continuing education necessary to renew an emergency |
|
manager license in order to implement this subchapter. |
|
(c) The commission may adopt fees reasonable and necessary |
|
to cover the costs of administering this subchapter. |
|
Sec. 418.453. DATABASE OF LICENSE HOLDERS. (a) The |
|
commission, in coordination with the division, shall establish and |
|
maintain records of each person who holds an emergency manager |
|
license, including whether the license is valid and whether any |
|
disciplinary proceeding is pending. |
|
(b) The commission shall make the records under this section |
|
available to an emergency management director or the director's |
|
associated governmental entity on request. |
|
Sec. 418.454. ADVISORY COMMITTEE. (a) The division may |
|
establish an advisory committee to provide recommendations on the |
|
implementation of this subchapter, including on the policies, |
|
standards, and curriculum adopted under this subchapter. |
|
(b) If established, the committee consists of nine members |
|
appointed by the division chief or the chief's designee and must |
|
contain at least one emergency manager and a representative of a |
|
governmental entity that employs or is associated with an emergency |
|
manager. |
|
(c) Chapter 2110 does not apply to the advisory committee. |
|
Sec. 418.455. LICENSING REQUIREMENT. A person may not |
|
serve as an emergency management coordinator under Section |
|
418.1015(c) for a period that exceeds six months beginning the day |
|
after the date on which the person was designated as an emergency |
|
management coordinator, unless the person holds an emergency |
|
manager license. |
|
Sec. 418.456. ELIGIBILITY FOR EMERGENCY MANAGER LICENSE; |
|
ISSUANCE. (a) To be eligible for an emergency manager license, a |
|
person must: |
|
(1) submit an application to the commission in a form |
|
and manner prescribed by the commission; |
|
(2) demonstrate that the person meets eligibility |
|
criteria under Section 418.457; and |
|
(3) not be disqualified based on the person's criminal |
|
history, as described by Section 418.458. |
|
(b) The commission shall issue a bridge, basic, |
|
intermediate, advanced, or master emergency manager license, as |
|
appropriate, to an applicant who meets the eligibility requirements |
|
prescribed by Subsection (a). |
|
Sec. 418.457. EMERGENCY MANAGER LICENSES. (a) To be |
|
eligible for a bridge emergency manager license, a person must |
|
complete not less than 40 hours of training and instruction on |
|
emergency management, which must consist of courses provided or |
|
approved by division rule. |
|
(b) The division by rule shall establish the minimum |
|
eligibility requirements for basic, intermediate, advanced, and |
|
master emergency manager licenses, including any minimum hours of |
|
training and instruction or years of experience performing the |
|
duties of an emergency management coordinator. |
|
Sec. 418.458. INELIGIBILITY BASED ON CRIMINAL HISTORY. (a) |
|
A person is not eligible for an emergency manager license if the |
|
person has been convicted or placed on deferred adjudication |
|
community supervision for: |
|
(1) a felony; or |
|
(2) any offense that directly relates to the duties |
|
and responsibilities of an emergency management coordinator, as |
|
determined by the commission. |
|
(b) The commission, in consultation with the division, may |
|
adopt rules specifying offenses, other than those described by |
|
Subsection (a), a conviction or placement on deferred adjudication |
|
community supervision for which would disqualify a person as not |
|
eligible for an emergency manager license. |
|
Sec. 418.459. AUTHORITY TO CONDUCT CRIMINAL HISTORY CHECK. |
|
(a) The commission may conduct a criminal history check, including |
|
a check of any criminal history record information maintained by |
|
the Federal Bureau of Investigation, in the manner provided by |
|
Subchapter F, Chapter 411, on each person who applies for an |
|
emergency manager license. |
|
(b) For purposes of conducting the criminal history check, |
|
the commission may require an applicant to submit a complete and |
|
legible set of fingerprints, on a form prescribed by the |
|
commission, to the commission or to the department for the purpose |
|
of obtaining criminal history record information from the |
|
department and the Federal Bureau of Investigation. |
|
(c) The commission may require the applicant to pay a fee to |
|
cover any costs associated with conducting a criminal history check |
|
under this section. |
|
Sec. 418.460. ALTERNATIVE QUALIFICATIONS. The division by |
|
rule may allow an applicant for an emergency manager license to |
|
credit military experience, professional experience, education, or |
|
another certification toward the eligibility requirements of |
|
Section 418.457, including an emergency management credential |
|
issued by another state. |
|
Sec. 418.461. PROVISION OR APPROVAL OF TRAINING REQUIRED. |
|
The division shall provide or approve training, instruction, and |
|
courses sufficient to enable a person to meet the licensing and |
|
continuing education requirements under this subchapter. |
|
Sec. 418.462. EXPIRATION; CONTINUING EDUCATION; RENEWAL. |
|
(a) An emergency manager license expires on the first anniversary |
|
of the date the license is issued. |
|
(b) The commission shall renew an emergency manager license |
|
if an emergency manager: |
|
(1) completes not less than 16 hours of continuing |
|
education on emergency management provided or approved by division |
|
rule; and |
|
(2) submits an application for renewal to the |
|
commission on a form and in a manner prescribed by the commission. |
|
(c) The commission by rule may adopt a system under which |
|
licenses expire on various dates during the year. |
|
Sec. 418.463. DENIAL; SUSPENSION; REVOCATION. (a) The |
|
commission may deny the issuance or renewal of an emergency manager |
|
license or suspend or revoke an emergency manager license if a |
|
person violates this subchapter or any rule adopted by the division |
|
or commission under this subchapter, including being disqualified |
|
based on the person's criminal history. |
|
(b) A proceeding under this section is a contested case |
|
under Chapter 2001. |
|
SUBCHAPTER N. STATEWIDE VOLUNTEER MANAGEMENT SYSTEM |
|
Sec. 418.481. DEFINITIONS. In this subchapter: |
|
(1) "Local government" means a municipality, a county, |
|
a special district or authority, or any other political subdivision |
|
of this state. |
|
(2) "Volunteer management system" means the online |
|
volunteer registration and management database established under |
|
this subchapter. |
|
Sec. 418.482. ESTABLISHMENT OF SYSTEM. The division shall |
|
establish and maintain a statewide volunteer registration and |
|
management database to register, credential, and manage |
|
individuals who volunteer to assist in disaster response or |
|
recovery operations at the direction and under the supervision of a |
|
state agency or local government. |
|
Sec. 418.483. SYSTEM REQUIREMENTS. The volunteer |
|
management system must: |
|
(1) be made available online; |
|
(2) be maintained and updated regularly with a roster |
|
of available volunteers; |
|
(3) be capable of making and coordinating volunteer |
|
assignments among state, regional, and local governmental |
|
entities; and |
|
(4) document the supervision of volunteers and the |
|
resources available and necessary to support the volunteers. |
|
Sec. 418.484. USE OF SYSTEM REQUIRED. (a) The division and |
|
each state agency and local government that deploys volunteers in |
|
disaster response or recovery operations shall use the volunteer |
|
management system to: |
|
(1) credential and deploy the volunteers; |
|
(2) report in the system volunteer activity and |
|
requests for assistance during periods when a disaster declaration |
|
is in effect; and |
|
(3) coordinate volunteer programs by local |
|
governments to ensure the programs align with state standards and |
|
requirements. |
|
(b) The division may waive, wholly or partly, the |
|
requirements of Subsection (a) as necessary to facilitate an urgent |
|
response to a disaster. |
|
Sec. 418.485. AUTHORITY TO CONDUCT CRIMINAL HISTORY CHECK. |
|
(a) The division may conduct a criminal history check, based on the |
|
criminal history record information maintained by the department or |
|
any other criminal justice agency in this state, on each person who |
|
applies to register as a volunteer under this subchapter. |
|
(b) The division may require the applicant to pay a fee to |
|
cover any costs associated with conducting a criminal history check |
|
under this section. |
|
Sec. 418.486. INELIGIBILITY TO REGISTER BASED ON CRIMINAL |
|
HISTORY. The division may adopt rules for the denial of a person's |
|
application to register in the volunteer management system based on |
|
the person's criminal history and for purposes of ensuring public |
|
safety and operational integrity. |
|
Sec. 418.487. RULES. The division shall adopt rules for |
|
implementing this subchapter, including: |
|
(1) registration and renewal requirements for |
|
volunteer registrations; |
|
(2) training and credentialing requirements for |
|
particular disaster response or recovery operations that involve |
|
specialized training or experience; |
|
(3) procedures for conducting a criminal history check |
|
under Section 418.485; and |
|
(4) protocols for deploying volunteers and reporting |
|
incidents. |
|
Sec. 418.488. FUNDS; GIFTS, GRANTS, AND DONATIONS. (a) The |
|
division may use any available funds to implement this subchapter. |
|
(b) The division may seek and accept gifts, grants, and |
|
donations to implement this subchapter. |
|
Sec. 418.489. AGREEMENTS. The division may enter into an |
|
agreement with any public or private entity to support volunteer |
|
mobilization efforts. |
|
SECTION 13. Chapter 423, Government Code, is amended by |
|
adding Section 423.010 to read as follows: |
|
Sec. 423.010. AUTHORITY TO NEUTRALIZE UNMANNED AIRCRAFT |
|
OPERATING IN DISASTER AREA. (a) In this section: |
|
(1) "Disaster" has the meaning assigned by Section |
|
418.004. |
|
(2) "Disaster area" means a county any part of which |
|
is subject to: |
|
(A) a disaster declaration issued by: |
|
(i) the president of the United States |
|
under the Robert T. Stafford Disaster Relief and Emergency |
|
Assistance Act (42 U.S.C. Section 5121 et seq.); |
|
(ii) the governor under Section 418.014; or |
|
(iii) the presiding officer of the |
|
governing body of a political subdivision under Section 418.108; or |
|
(B) an emergency evacuation order. |
|
(3) "Neutralize" means to: |
|
(A) cause electronic interference in the |
|
functioning of a device for the purpose of disabling the device and |
|
may include jamming, hacking, and other similar methods; or |
|
(B) physically capture a device for the purpose |
|
of disabling the device. |
|
(b) The Department of Public Safety or the Texas Division of |
|
Emergency Management may neutralize an unmanned aircraft operating |
|
in a disaster area if: |
|
(1) the unmanned aircraft is being operated by a |
|
person other than a governmental entity responding to the disaster; |
|
and |
|
(2) the person does not have authorization from a |
|
governmental entity to operate the unmanned aircraft in the |
|
disaster area. |
|
SECTION 14. The heading to Subchapter CC, Chapter 481, |
|
Government Code, is amended to read as follows: |
|
SUBCHAPTER CC. SMALL- AND MICRO-BUSINESS DISASTER RECOVERY PROGRAM |
|
SECTION 15. Section 481.451, Government Code, is amended by |
|
amending Subdivisions (3), (4), (6), and (7) and adding Subdivision |
|
(8) to read as follows: |
|
(3) "Default rate" means the percentage of small- and |
|
micro-business disaster recovery loans made that did not meet the |
|
payment terms during a period specified by the bank. |
|
(4) "Fund" means the small- and micro-business |
|
recovery fund established under Section 481.452. |
|
(6) "Small- and micro-business [Micro-business] |
|
disaster recovery loan" or "disaster recovery loan" means a loan |
|
made by a participating community development financial |
|
institution to small businesses or micro-businesses under the |
|
program. |
|
(7) "Program" means the small- and micro-business |
|
disaster recovery loan program established under this subchapter. |
|
(8) "Small business" means a corporation, |
|
partnership, sole proprietorship, or other legal entity that: |
|
(A) is domiciled in this state or has at least 51 |
|
percent of its employees located in this state; |
|
(B) is formed to make a profit; |
|
(C) is independently owned and operated; and |
|
(D) employs more than 20 and fewer than 100 |
|
full-time employees. |
|
SECTION 16. The heading to Section 481.452, Government |
|
Code, is amended to read as follows: |
|
Sec. 481.452. SMALL- AND MICRO-BUSINESS RECOVERY FUND. |
|
SECTION 17. Section 481.452(a), Government Code, is amended |
|
to read as follows: |
|
(a) The small- and micro-business recovery fund is a |
|
dedicated account in the general revenue fund. |
|
SECTION 18. The heading to Section 481.453, Government |
|
Code, is amended to read as follows: |
|
Sec. 481.453. POWERS OF BANK IN ADMINISTERING SMALL- AND |
|
MICRO-BUSINESS RECOVERY FUND. |
|
SECTION 19. Section 481.454(b), Government Code, is amended |
|
to read as follows: |
|
(b) The program shall expand access to capital for |
|
qualifying small businesses and micro-businesses to create jobs in |
|
this state and constitutes a capital access program under |
|
Subchapter BB. |
|
SECTION 20. Section 481.455, Government Code, is amended to |
|
read as follows: |
|
Sec. 481.455. PROGRAM ADMINISTRATION. (a) The bank, under |
|
the program, shall provide zero interest loans to eligible |
|
community development financial institutions for purposes of |
|
making interest-bearing loans to qualifying small businesses and |
|
micro-businesses that have difficulty in accessing capital |
|
following a declared disaster. |
|
(a-1) The bank may not provide loans to micro-businesses |
|
under this chapter in an amount less than 50 percent of the total |
|
amount of all loans provided under the program in a fiscal biennium. |
|
(b) A loan made by an eligible community development |
|
financial institution under the program: |
|
(1) must be made to a small business or micro-business |
|
that: |
|
(A) is in good standing under the laws of this |
|
state; [and] |
|
(B) did not owe delinquent taxes to a taxing unit |
|
of this state before the date of the initial issuance of the |
|
disaster declaration; |
|
(C) has suffered physical or economic injury as |
|
the result of the event leading to the disaster declaration; and |
|
(D) has paid in full any previous loan received |
|
under this subchapter; |
|
(2) may not be made to a micro-business that: |
|
(A) has total revenue that exceeds the amount for |
|
which no franchise tax is due under Section 171.002(d)(2), Tax |
|
Code; |
|
(B) is a franchise; |
|
(C) is a national chain with operations in this |
|
state; |
|
(D) is a lobbying firm; or |
|
(E) is a private equity firm or backed by a |
|
private equity firm; |
|
(3) may not have an interest rate higher than the |
|
prevailing rate for a similar loan in this state; and |
|
(4) [(3)] must meet any other criteria provided by |
|
this subchapter. |
|
(c) Payments on small- and micro-business disaster recovery |
|
loans shall be made directly to the lending community development |
|
financial institutions. |
|
(d) All income received on a loan made by a community |
|
development financial institution participating in the program is |
|
the property of the financial institution. Income received on a |
|
loan includes the payment of interest by a borrower small business |
|
or micro-business and the administrative fees assessed by the |
|
community development financial institution. |
|
(e) A community development financial institution |
|
participating in the program shall make payments to the bank on the |
|
zero interest loans borrowed by the financial institution under the |
|
program quarterly, and the bank or this state is not responsible or |
|
liable for any defaults in small- and micro-business disaster |
|
recovery loans made by the community development financial |
|
institution. |
|
SECTION 21. Subchapter CC, Chapter 481, Government Code, is |
|
amended by adding Section 481.4555 to read as follows: |
|
Sec. 481.4555. USES OF LOAN. An eligible small business or |
|
micro-business may use a loan received under this subchapter to pay |
|
the business's payroll costs, including costs related to the |
|
continuation of health care benefits for the business's employees. |
|
SECTION 22. Section 481.457(a), Government Code, is amended |
|
to read as follows: |
|
(a) A community development financial institution |
|
participating in the program shall report quarterly to the bank: |
|
(1) the names of small businesses and micro-businesses |
|
that have received a disaster recovery loan; |
|
(2) the current balance of all outstanding disaster |
|
recovery loans; |
|
(3) the default rate on existing disaster recovery |
|
loans; and |
|
(4) any other information the bank requires. |
|
SECTION 23. Section 489.107(c), Government Code, is amended |
|
to read as follows: |
|
(c) For the small- and micro-business [small business] |
|
disaster recovery loan program, the report must include a general |
|
description of each small business and micro-business for which an |
|
applicant was awarded a loan from the fund during the preceding |
|
fiscal year. |
|
SECTION 24. Subtitle A, Title 8, Health and Safety Code, is |
|
amended by adding Chapter 675 to read as follows: |
|
CHAPTER 675. MASS FATALITY OPERATIONS |
|
Sec. 675.001. DEFINITION. In this chapter, "department" |
|
means the Department of State Health Services. |
|
Sec. 675.002. MASS FATALITY OPERATIONS RAPID RESPONSE TEAM. |
|
(a) The department, in collaboration with the Texas Division of |
|
Emergency Management, shall establish a mass fatality operations |
|
rapid response team that immediately on the occurrence of a mass |
|
fatality event assesses the geographic area where the event |
|
occurred for the purpose of: |
|
(1) providing information regarding the mass fatality |
|
event to public officials and employees who are conducting disaster |
|
response or recovery operations, including justices of the peace, |
|
emergency management directors and coordinators, and incident |
|
commanders; and |
|
(2) facilitating early and appropriate activation of |
|
mass fatality management resources. |
|
(b) The team required by Subsection (a) may be established |
|
by interlocal contract. |
|
Sec. 675.003. INTEGRATION OF MASS FATALITY OPERATIONS |
|
RESPONSE TEAM WITH SEARCH AND RESCUE OR RECOVERY OPERATIONS. Each |
|
recognized search and rescue organization or recovery team, law |
|
enforcement agency, fire department, including a volunteer fire |
|
department, and emergency medical services provider shall |
|
coordinate the efforts of the entity with the appropriate mass |
|
fatality operations response team when deploying in response to a |
|
mass fatality event for the purpose of ensuring coordination during |
|
the recovery of human bodies and the use of proper documentation, |
|
including chain-of-custody documentation. |
|
Sec. 675.004. INTEGRATION OF MASS FATALITY OPERATIONS |
|
RESPONSE TEAM WITH FAMILY ASSISTANCE CENTERS. (a) In this section, |
|
"family assistance center" is a facility established by a state |
|
agency or local government following a mass fatality event to |
|
coordinate the provision of support services and basic assistance |
|
to individuals impacted by the mass fatality event, especially |
|
close relatives of a victim of the event. |
|
(b) A state agency or local government that establishes a |
|
family assistance center following a mass fatality event shall |
|
coordinate efforts to provide services at the center with the |
|
appropriate mass fatality operations response team. |
|
Sec. 675.005. MASS FATALITY DATA MANAGEMENT SYSTEM. (a) |
|
The department shall develop and maintain a centralized fatality |
|
tracking system for use when deploying a mass fatality operations |
|
response team. |
|
(b) The system must be capable of: |
|
(1) assigning unique case number and incident tagging; |
|
(2) tracking the chain-of-custody for a body and |
|
associated personal effects; and |
|
(3) storing in an easily retrievable manner |
|
documentation of an autopsy and identification and release of a |
|
body. |
|
SECTION 25. Subtitle A, Title 9, Health and Safety Code, is |
|
amended by adding Chapter 762 to read as follows: |
|
CHAPTER 762. CAMPGROUND SAFETY |
|
Sec. 762.001. DEFINITIONS. In this chapter: |
|
(1) "Campground" means a commercial property designed |
|
to provide: |
|
(A) cabins for transient overnight guest use; or |
|
(B) areas for parking recreational vehicles or |
|
placing tents for transient overnight guest use. |
|
(2) "Campground operator" means a person who owns, |
|
operates, controls, or supervises a campground, regardless of |
|
profit. |
|
(3) "Floodplain" means any area: |
|
(A) with a one percent annual chance of flooding |
|
and susceptible to periodic inundation by water from any source; or |
|
(B) within a 100-year floodplain identified by |
|
the Federal Emergency Management Agency under the National Flood |
|
Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.). |
|
Sec. 762.002. FLOODPLAIN SAFETY REQUIREMENTS. (a) The |
|
campground operator of a campground located within a floodplain |
|
shall: |
|
(1) install and maintain in each campground cabin |
|
located within the floodplain an emergency ladder capable of |
|
providing access to the cabin's roof; and |
|
(2) develop an emergency evacuation plan for |
|
evacuating on issuance of a flash flood warning campground |
|
occupants who are at a campground area within the floodplain. |
|
(b) A campground operator shall implement the emergency |
|
evacuation plan developed under Subsection (a)(2) on issuance by |
|
the National Weather Service of a flash flood warning for an area of |
|
the campground. |
|
(c) A campground operator shall send a copy of an emergency |
|
evacuation plan developed under Subsection (a)(2) to: |
|
(1) for a campground located in a municipality, the |
|
emergency management coordinator designated under Section |
|
418.1015, Government Code, for the municipality, or if a |
|
coordinator has not been designated, the emergency management |
|
director designated under that section for the municipality; |
|
(2) for a campground located in the unincorporated |
|
area of a county, the emergency management coordinator designated |
|
under Section 418.1015, Government Code, for the county, or if a |
|
coordinator has not been designated, the emergency management |
|
director designated under that section for the county; or |
|
(3) for a campground that is a youth camp, as defined |
|
by Section 141.002, the department. |
|
SECTION 26. Section 16.062(c), Water Code, is amended to |
|
read as follows: |
|
(c) The board shall designate representatives from each |
|
flood planning region to serve as the initial flood planning group. |
|
The initial flood planning group may then designate additional |
|
representatives to serve on the flood planning group. The initial |
|
flood planning group shall designate additional representatives if |
|
necessary to ensure adequate representation from the interests in |
|
its region, including the public, counties, municipalities, |
|
industries, agricultural interests, environmental interests, small |
|
businesses, electric generating utilities, institutions of higher |
|
education, river authorities, water districts, and water |
|
utilities. The flood planning group shall maintain adequate |
|
representation from those interests. In addition, the board, the |
|
commission, the General Land Office, the Parks and Wildlife |
|
Department, the Department of Agriculture, the State Soil and Water |
|
Conservation Board, and the Texas Division of Emergency Management |
|
each shall appoint a representative to serve as an ex officio member |
|
of each flood planning group. |
|
SECTION 27. (a) Notwithstanding Section 1A(a), Chapter 5, |
|
page 1062, Special Laws, Acts of the 46th Legislature, Regular |
|
Session, 1939, or Section 8515.0104, Special District Local Laws |
|
Code, as effective April 1, 2027, the Upper Guadalupe River |
|
Authority is subject to a limited review under Chapter 325, |
|
Government Code (Texas Sunset Act), during the period in which the |
|
Sunset Advisory Commission reviews state agencies abolished in 2027 |
|
but may not be abolished under that chapter. In response to the |
|
Texas Hill Country floods of July 2025, the limited review must |
|
assess the Upper Guadalupe River Authority's: |
|
(1) governance; |
|
(2) management, including disaster preparedness and |
|
response; |
|
(3) operating structure; and |
|
(4) compliance with legislative requirements. |
|
(b) After the limited review described by Subsection (a) of |
|
this section, the Upper Guadalupe River Authority shall be reviewed |
|
as provided by Section 8515.0104, Special District Local Laws Code, |
|
as effective April 1, 2027. |
|
(c) This section expires September 1, 2029. |
|
SECTION 28. (a) In this section, "work group" means the |
|
statewide meteorological data monitoring work group established by |
|
Subsection (b) of this section. |
|
(b) The statewide meteorological data monitoring work group |
|
must include a representative of each of the following entities, |
|
designated by the executive head of the entity: |
|
(1) the Texas Division of Emergency Management; |
|
(2) the Texas Department of Transportation; |
|
(3) the Texas Water Development Board; |
|
(4) Texas Tech University; |
|
(5) the Center for Water and the Environment at The |
|
University of Texas at Austin; |
|
(6) the office of the state climatologist; and |
|
(7) the Severe Storm Prediction, Education and |
|
Evacuation from Disasters Center at Rice University. |
|
(c) As needed, the work group may include representatives |
|
from the National Weather Service and river authorities of this |
|
state. |
|
(d) The work group shall develop a plan for implementing a |
|
statewide system of flood gauges and other meteorological equipment |
|
to provide real-time information to state and local entities to |
|
inform emergency management decisions. |
|
(e) In developing the plan described by Subsection (d) of |
|
this section, the work group shall: |
|
(1) incorporate existing mesoscale networks and other |
|
meteorological equipment implemented by members of the work group |
|
to create a single data hub through which state and local leaders, |
|
institutions of higher education, and the general public may access |
|
in real time statewide meteorological data; |
|
(2) identify areas of this state that lack adequate |
|
coverage of flood gauges, weather radar, and other meteorological |
|
equipment; and |
|
(3) identify projects, including project costs, that |
|
address the inadequacies identified in Subdivision (2) of this |
|
subsection. |
|
(f) Not later than December 1, 2026, the work group shall |
|
submit to the governor, the lieutenant governor, the speaker of the |
|
house of representatives, and each appropriate standing committee |
|
of the legislature a copy of the plan developed under this section. |
|
(g) This section expires December 1, 2027. |
|
SECTION 29. Subchapter EE, Chapter 481, Government Code, is |
|
repealed. |
|
SECTION 30. A justice of the peace who holds office on the |
|
effective date of this Act is not subject to removal as described by |
|
Section 27.0055, Government Code, as added by this Act, for failure |
|
to successfully complete the required training program until |
|
December 1, 2026. |
|
SECTION 31. A person who, on the effective date of this Act, |
|
is required to complete the training required by Section 418.005, |
|
Government Code, as amended by this Act, shall complete that |
|
training not later than the 180th day after the effective date of |
|
this Act. |
|
SECTION 32. As soon as practicable after the effective date |
|
of this Act, the Texas Division of Emergency Management shall adopt |
|
the post-disaster after-action report form as required by Section |
|
418.1103, Government Code, as added by this Act. |
|
SECTION 33. (a) Except as otherwise provided by this Act, |
|
this Act takes effect on the 91st day after the last day of the |
|
legislative session. |
|
(b) Section 418.455, Government Code, as added by this Act, |
|
takes effect January 1, 2027. |
|
|
|
* * * * * |