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A BILL TO BE ENTITLED
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AN ACT
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relating to powers and duties of the Texas Division of Emergency |
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Management for a local state of disaster; enhancing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 108.001(3), Business & Commerce Code, is |
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amended to read as follows: |
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(3) "Declared disaster" means: |
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(A) a disaster declared by the president of the |
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United States; |
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(B) a state of disaster declared by the governor |
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under Chapter 418, Government Code; or |
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(C) a local state of disaster declared by the |
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governing body of a political subdivision or the administrative |
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head of the Texas Division of Emergency Management under Section |
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418.108, Government Code. |
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SECTION 2. Section 37.004(g), Government Code, is amended |
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to read as follows: |
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(g) In this section, "declaration of a state of disaster" |
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means a declaration made by: |
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(1) the president of the United States under the |
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Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 |
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U.S.C. Section 5121 et seq.); |
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(2) the governor under Section 418.014; or |
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(3) the presiding officer of the governing body of a |
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political subdivision or the administrative head of the Texas |
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Division of Emergency Management under Section 418.108. |
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SECTION 3. Section 418.108, Government Code, is amended by |
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adding Subsections (a-1) and (h-1) and amending Subsections (b) and |
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(e) to read as follows: |
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(a-1) The division shall monitor political subdivisions for |
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conditions for which a declaration of a local state of disaster may |
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be appropriate. If the division determines a local state of |
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disaster should be declared for a political subdivision, the |
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situation involves imminent harm to individuals in the political |
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subdivision, and the governor or appropriate officials of the |
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political subdivision are likely not available, the division shall |
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immediately attempt to notify the executive head of that political |
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subdivision of the determination. The administrative head of the |
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division may declare a local state of disaster for the political |
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subdivision if the political subdivision does not respond within a |
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reasonable time after the division attempts to provide the notice. |
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(b) A declaration of local disaster may not be continued or |
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renewed for a period of more than seven days except with the consent |
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of the governing body of the political subdivision or the joint |
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board as provided by Subsection (e), as applicable. The governing |
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body of the political subdivision may rescind a declaration of |
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local disaster issued by the administrative head of the division |
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under Subsection (a-1). |
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(e) Except as provided by Subsection (a-1), the [The] chief |
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administrative officer of a joint board has exclusive authority to |
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declare that a local state of disaster exists within the boundaries |
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of an airport operated or controlled by the joint board, regardless |
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of whether the airport is located in or outside the boundaries of a |
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political subdivision. |
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(h-1) For a political subdivision for which the |
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administrative head of the division declares a local state of |
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disaster under Subsection (a-1) and until the governor or |
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appropriate officials of the political subdivision are available, |
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the division may: |
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(1) order the evacuation of all or part of the |
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population from a disaster area in the political subdivision if the |
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division considers the action necessary for the preservation of |
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life or other disaster mitigation, response, or recovery; and |
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(2) control ingress to and egress from a disaster area |
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and control the movement of individuals and the occupancy of |
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premises in that area. |
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SECTION 4. Section 12.50(a), Penal Code, is amended to read |
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as follows: |
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(a) Subject to Subsections (c) and (d), the punishment for |
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an offense described by Subsection (b) is increased to the |
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punishment prescribed for the next higher category of offense if it |
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is shown on the trial of the offense that the offense was committed |
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in an area that was, at the time of the offense: |
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(1) subject to a declaration of a state of disaster |
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made by: |
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(A) the president of the United States under the |
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Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 |
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U.S.C. Section 5121 et seq.); |
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(B) the governor under Section 418.014, |
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Government Code; or |
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(C) the presiding officer of the governing body |
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of a political subdivision or the administrative head of the Texas |
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Division of Emergency Management under Section 418.108, Government |
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Code; or |
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(2) subject to an emergency evacuation order. |
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SECTION 5. This Act takes effect on the 91st day after the |
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last day of the legislative session. |