Texas 2009 - 81st Regular

Texas House Bill HB1831 Compare Versions

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1	1	H.B. No. 1831
2	2
3	3
4	4	AN ACT
5	5	relating to disaster preparedness and emergency management and to
6	6	certain vehicles used in emergencies; providing a penalty.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	ARTICLE 1. GENERAL PROVISIONS
9	9	SECTION 1.01. Section 418.004(1), Government Code, is
10	10	amended to read as follows:
11	11	(1) "Disaster" means the occurrence or imminent threat
12	12	of widespread or severe damage, injury, or loss of life or property
13	13	resulting from any natural or man-made cause, including fire,
14	14	flood, earthquake, wind, storm, wave action, oil spill or other
15	15	water contamination, volcanic activity, epidemic, air
16	16	contamination, blight, drought, infestation, explosion, riot,
17	17	hostile military or paramilitary action, extreme heat, other public
18	18	calamity requiring emergency action, or energy emergency.
19	19	SECTION 1.02. Sections 418.005(a) and (b), Government Code,
20	20	are amended to read as follows:
21	21	(a) This section applies only to an elected law enforcement
22	22	officer or county judge, or an appointed public officer of the state
23	23	or of a political subdivision, who has management or supervisory
24	24	responsibilities and:
25	25	(1) whose position description, job duties, or
26	26	assignment includes emergency management responsibilities; or
27	27	(2) who plays a role in emergency preparedness,
28	28	response, or recovery.
29	29	(b) Each person described by Subsection (a) shall complete a
30	30	course of training provided or approved by the division of not less
31	31	than three hours regarding the responsibilities of state and local
32	32	governments under this chapter not later than the 180th day after
33	33	the date the person:
34	34	(1) takes the oath of office, if the person is required
35	35	to take an oath of office to assume the person's duties as a [an
36	36	appointed] public officer; or
37	37	(2) otherwise assumes responsibilities as a [an
38	38	appointed] public officer, if the person is not required to take an
39	39	oath of office to assume the person's duties.
40	40	SECTION 1.03. Section 418.013, Government Code, is amended
41	41	by amending Subsection (b) and adding Subsection (d) to read as
42	42	follows:
43	43	(b) The emergency management council is composed of
44	44	representatives [the heads] of state agencies, boards, [and]
45	45	commissions, and [representatives of] organized volunteer groups
46	46	designated by the head of each entity.
47	47	(d) The emergency management council shall assist the
48	48	division in identifying, mobilizing, and deploying state resources
49	49	to respond to major emergencies and disasters throughout the state.
50	50	SECTION 1.03a. Section 418.016, Government Code, is amended
51	51	to read as follows:
52	52	Sec. 418.016. SUSPENSION OF PROCEDURAL LAWS AND RULES. (a)
53	53	The governor may suspend the provisions of any regulatory statute
54	54	prescribing the procedures for conduct of state business or the
55	55	orders or rules of a state agency if strict compliance with the
56	56	provisions, orders, or rules would in any way prevent, hinder, or
57	57	delay necessary action in coping with a disaster.
58	58	(b) Upon declaration of a state of disaster, enforcement of
59	59	the regulation of on-premise outdoor signs under Subchapter A,
60	60	Chapter 216, Local Government Code, by a municipality that is
61	61	located in a county within, or that is located in a county adjacent
62	62	to a county within, the disaster area specified by the declaration
63	63	is suspended to allow licensed or admitted insurance carriers or
64	64	licensed agents acting on behalf of insurance carriers to erect
65	65	temporary claims service signage for not more than 30 days or until
66	66	the end of the declaration of disaster, whichever is earlier.
67	67	(c) A temporary claims service sign shall not:
68	68	(1) be larger than forty square feet in size; and
69	69	(2) be more than five feet in height; and
70	70	(3) be placed in the right of way.
71	71	(4) At the end of the 30 days or the end of the
72	72	declaration of disaster, whichever is earlier, the insurance
73	73	carrier or its licensed agents must remove the temporary claims
74	74	service signage that was erected.
75	75	SECTION 1.04. Section 418.042(a), Government Code, is
76	76	amended to read as follows:
77	77	(a) The division shall prepare and keep current a
78	78	comprehensive state emergency management plan. The plan may
79	79	include:
80	80	(1) provisions for prevention and minimization of
81	81	injury and damage caused by disaster;
82	82	(2) provisions for prompt and effective response to
83	83	disaster;
84	84	(3) provisions for emergency relief;
85	85	(4) provisions for energy emergencies;
86	86	(5) identification of areas particularly vulnerable
87	87	to disasters;
88	88	(6) recommendations for zoning, building
89	89	restrictions, and other land-use controls, safety measures for
90	90	securing mobile homes or other nonpermanent or semipermanent
91	91	structures, and other preventive and preparedness measures
92	92	designed to eliminate or reduce disasters or their impact;
93	93	(7) provisions for assistance to local officials in
94	94	designing local emergency management plans;
95	95	(8) authorization and procedures for the erection or
96	96	other construction of temporary works designed to protect against
97	97	or mitigate danger, damage, or loss from flood, fire, or other
98	98	disaster;
99	99	(9) preparation and distribution to the appropriate
100	100	state and local officials of state catalogs of federal, state, and
101	101	private assistance programs;
102	102	(10) organization of manpower and channels of
103	103	assistance;
104	104	(11) coordination of federal, state, and local
105	105	emergency management activities;
106	106	(12) coordination of the state emergency management
107	107	plan with the emergency management plans of the federal government;
108	108	(13) coordination of federal and state energy
109	109	emergency plans;
110	110	(14) provisions for providing information to
111	111	[education and training of] local officials on activation of the
112	112	Emergency Alert System established under 47 C.F.R. Part 11; [and]
113	113	(15) a database of public facilities that may be used
114	114	under Section 418.017 to shelter individuals during a disaster,
115	115	including air-conditioned facilities for shelter during an extreme
116	116	heat disaster and fortified structures for shelter during a wind
117	117	disaster; and
118	118	(16) other necessary matters relating to disasters.
119	119	SECTION 1.05. Subchapter C, Chapter 418, Government Code,
120	120	is amended by adding Section 418.0425 to read as follows:
121	121	Sec. 418.0425. STATE EMERGENCY MANAGEMENT PLAN ANNEX. (a)
122	122	In this section, "critical water or wastewater facility" means a
123	123	facility with:
124	124	(1) water supply, treatment, or distribution
125	125	equipment that is essential to maintain the minimum water pressure
126	126	requirements established by the governing body of a municipality or
127	127	the Texas Commission on Environmental Quality; or
128	128	(2) wastewater collection or treatment equipment that
129	129	is essential to prevent the discharge of untreated wastewater to
130	130	water in the state.
131	131	(b) The division, in cooperation with the emergency
132	132	management council, local governments, regional entities, health
133	133	and medical facilities, volunteer groups, private sector partners,
134	134	the Federal Emergency Management Agency, and other federal
135	135	agencies, shall develop an annex to the state emergency management
136	136	plan that addresses initial response planning for providing
137	137	essential population support supplies, equipment, and services
138	138	during the first five days immediately following a disaster. The
139	139	annex must include:
140	140	(1) plans to make fuel available to, maintain
141	141	continuing operations of, and assess the backup power available
142	142	for, all:
143	143	(A) hospitals;
144	144	(B) prisons;
145	145	(C) assisted living facilities licensed under
146	146	Chapter 247, Health and Safety Code;
147	147	(D) institutions licensed under Chapter 242,
148	148	Health and Safety Code; and
149	149	(E) other critical facilities determined by the
150	150	division;
151	151	(2) provisions for interagency coordination of
152	152	disaster response efforts;
153	153	(3) provisions for the rapid gross assessment of
154	154	population support needs;
155	155	(4) plans for the clearance of debris from major
156	156	roadways to facilitate emergency response operations and delivery
157	157	of essential population support supplies and equipment;
158	158	(5) methods to obtain food, water, and ice for
159	159	disaster victims through prearranged contracts or suppliers,
160	160	stockpiled supplies, or plans to request assistance from federal
161	161	agencies, as appropriate;
162	162	(6) guidelines for arranging temporary points of
163	163	distribution for disaster relief supplies and standardized
164	164	procedures for operating those distribution points;
165	165	(7) methods for providing basic medical support for
166	166	disaster victims, including medical supplies and pharmaceuticals;
167	167	(8) provisions, developed in coordination with fuel
168	168	suppliers and retailers, for the continued operation of service
169	169	stations to provide fuel to disaster victims and emergency
170	170	responders; and
171	171	(9) provisions for the dissemination of emergency
172	172	information through the media to aid disaster victims.
173	173	(c) The division, in coordination with the Texas Commission
174	174	on Environmental Quality and electric, gas, water, and wastewater
175	175	utility providers, shall develop for inclusion in the annex to the
176	176	state emergency management plan provisions to provide emergency or
177	177	backup power to restore or continue the operation of critical water
178	178	or wastewater facilities following a disaster. The provisions must:
179	179	(1) establish an online resource database of available
180	180	emergency generators configured for transport that are capable of
181	181	providing backup power for critical water or wastewater facilities
182	182	following a disaster;
183	183	(2) include procedures for the maintenance,
184	184	activation, transportation, and redeployment of available
185	185	emergency generators;
186	186	(3) develop a standardized form for use by a water or
187	187	wastewater utility provider in developing and maintaining data on
188	188	the number and type of emergency generators required for the
189	189	operation of the provider's critical water or wastewater facilities
190	190	following a disaster; and
191	191	(4) include procedures for water or wastewater utility
192	192	providers to maintain a current list of generators available in
193	193	surrounding areas through mutual aid agreements, recognized and
194	194	coordinated statewide mutual aid programs, and through commercial
195	195	firms offering generators for rent or lease.
196	196	SECTION 1.06. Section 418.043, Government Code, is amended
197	197	to read as follows:
198	198	Sec. 418.043. OTHER POWERS AND DUTIES. The division shall:
199	199	(1) determine requirements of the state and its
200	200	political subdivisions for food, clothing, and other necessities in
201	201	event of a disaster;
202	202	(2) procure and position supplies, medicines,
203	203	materials, and equipment;
204	204	(3) adopt standards and requirements for local and
205	205	interjurisdictional emergency management plans;
206	206	(4) periodically review local and interjurisdictional
207	207	emergency management plans;
208	208	(5) coordinate deployment of mobile support units;
209	209	(6) establish and operate training programs and
210	210	programs of public information or assist political subdivisions and
211	211	emergency management agencies to establish and operate the
212	212	programs;
213	213	(7) make surveys of public and private industries,
214	214	resources, and facilities in the state that are necessary to carry
215	215	out the purposes of this chapter;
216	216	(8) plan and make arrangements for the availability
217	217	and use of any private facilities, services, and property and
218	218	provide for payment for use under terms and conditions agreed on if
219	219	the facilities are used and payment is necessary;
220	220	(9) establish a register of persons with types of
221	221	training and skills important in disaster mitigation,
222	222	preparedness, response, and recovery;
223	223	(10) establish a register of mobile and construction
224	224	equipment and temporary housing available for use in a disaster;
225	225	(11) assist political subdivisions in developing
226	226	plans for the humane evacuation, transport, and temporary
227	227	sheltering of service animals and household pets in a disaster;
228	228	(12) prepare, for issuance by the governor, executive
229	229	orders and regulations necessary or appropriate in coping with
230	230	disasters;
231	231	(13) cooperate with the federal government and any
232	232	public or private agency or entity in achieving any purpose of this
233	233	chapter and in implementing programs for disaster mitigation,
234	234	preparation, response, and recovery; [and]
235	235	(14) develop a plan to raise public awareness and
236	236	expand the capability of the information and referral network under
237	237	Section 531.0312;
238	238	(15) improve the integration of volunteer groups,
239	239	including faith-based organizations, into emergency management
240	240	plans;
241	241	(16) cooperate with the Federal Emergency Management
242	242	Agency to create uniform guidelines for acceptable home repairs
243	243	following disasters and promote public awareness of the guidelines;
244	244	(17) cooperate with state agencies to:
245	245	(A) encourage the public to participate in
246	246	volunteer emergency response teams and organizations that respond
247	247	to disasters; and
248	248	(B) provide information on those programs in
249	249	state disaster preparedness and educational materials and on
250	250	Internet websites;
251	251	(18) establish a liability awareness program for
252	252	volunteers, including medical professionals; and
253	253	(19) do other things necessary, incidental, or
254	254	appropriate for the implementation of this chapter.
255	255	SECTION 1.07. Section 418.045, Government Code, is amended
256	256	to read as follows:
257	257	Sec. 418.045. TEMPORARY PERSONNEL. (a) The division may
258	258	employ or contract with temporary personnel from funds appropriated
259	259	to the division, from federal funds, or from the disaster
260	260	contingency fund. The merit system does not apply to the temporary
261	261	or contract positions.
262	262	(b) The division may enroll, organize, train, and equip a
263	263	cadre of disaster reservists with specialized skills in disaster
264	264	recovery, hazard mitigation, community outreach, and public
265	265	information to temporarily augment its permanent staff. The
266	266	division may activate enrolled disaster reservists to support
267	267	recovery operations in the aftermath of a disaster or major
268	268	emergency and pay them at a daily rate commensurate with their
269	269	qualifications and experience. Chapter 654, Chapter 2254, and
270	270	Subtitle D, Title 10, do not apply in relation to a disaster
271	271	reservist under this subsection.
272	272	SECTION 1.08. Section 418.048, Government Code, is amended
273	273	to read as follows:
274	274	Sec. 418.048. MONITORING WEATHER[; SUSPENSION OF WEATHER
275	275	MODIFICATION]. [(a)] The division shall keep continuously
276	276	apprised of weather conditions that present danger of climatic
277	277	activity, such as precipitation, severe enough to constitute a
278	278	disaster.
279	279	[(b) If the division determines that precipitation that may
280	280	result from weather modification operations, either by itself or in
281	281	conjunction with other precipitation or climatic conditions or
282	282	activity, would create or contribute to the severity of a disaster,
283	283	it shall request in the name of the governor that the officer or
284	284	agency empowered to issue permits for weather modification
285	285	operations suspend the issuance of permits. On the governor's
286	286	request, no permits may be issued until the division informs the
287	287	officer or agency that the danger has passed.]
288	288	SECTION 1.09. Subchapter C, Chapter 418, Government Code,
289	289	is amended by adding Section 418.050 to read as follows:
290	290	Sec. 418.050. PHASED REENTRY PLAN. (a) The division shall
291	291	develop a phased reentry plan to govern the order in which
292	292	particular groups of people are allowed to reenter areas previously
293	293	evacuated because of a disaster or threat of disaster. The plan may
294	294	provide different reentry procedures for different types of
295	295	disasters.
296	296	(b) The phased reentry plan shall:
297	297	(1) recognize the role of local emergency management
298	298	directors in making decisions regarding the timing and
299	299	implementation of reentry plans for a disaster; and
300	300	(2) provide local emergency management directors with
301	301	sufficient flexibility to adjust the plan as necessary to
302	302	accommodate the circumstances of a particular emergency.
303	303	(c) The division, in consultation with representatives of
304	304	affected parties and local emergency management directors, shall
305	305	develop a reentry credentialing process. The division shall
306	306	include the credentialing process in the phased reentry plan. The
307	307	Department of Public Safety of the State of Texas shall provide
308	308	support for the credentialing process.
309	309	SECTION 1.10. Subchapter C, Chapter 418, Government Code,
310	310	is amended by adding Section 418.051 to read as follows:
311	311	Sec. 418.051. COMMUNICATIONS COORDINATION GROUP. (a) The
312	312	communications coordination group shall facilitate interagency
313	313	coordination and collaboration to provide efficient and effective
314	314	planning and execution of communications support to joint,
315	315	interagency, and intergovernmental task forces.
316	316	(b) At the direction of the division, the communications
317	317	coordination group shall assist with coordination and
318	318	collaboration during an emergency.
319	319	(c) The communications coordination group consists of
320	320	members selected by the division, including representatives of:
321	321	(1) the Texas military forces;
322	322	(2) the Department of Public Safety of the State of
323	323	Texas;
324	324	(3) the Federal Emergency Management Agency;
325	325	(4) federal agencies that comprise Emergency Support
326	326	Function No. 2;
327	327	(5) the telecommunications industry, including cable
328	328	service providers, as defined by Section 66.002, Utilities Code;
329	329	(6) electric utilities, as defined by Section 31.002,
330	330	Utilities Code;
331	331	(7) gas utilities, as defined by Sections 101.003 and
332	332	121.001, Utilities Code;
333	333	(8) the National Guard's Joint Continental United
334	334	States Communications Support Environment;
335	335	(9) the National Guard Bureau;
336	336	(10) amateur radio operator groups;
337	337	(11) the Texas Forest Service;
338	338	(12) the Texas Department of Transportation;
339	339	(13) the General Land Office;
340	340	(14) the Texas Engineering Extension Service of The
341	341	Texas A&M University System;
342	342	(15) the Public Utility Commission of Texas;
343	343	(16) the Railroad Commission of Texas;
344	344	(17) the Department of State Health Services;
345	345	(18) the judicial branch of state government;
346	346	(19) the Texas Association of Regional Councils;
347	347	(20) the United States Air Force Auxiliary Civil Air
348	348	Patrol, Texas Wing;
349	349	(21) each trauma service area regional advisory
350	350	council;
351	351	(22) state agencies, counties, and municipalities
352	352	affected by the emergency, including 9-1-1 agencies; and
353	353	(23) other agencies as determined by the division.
354	354	SECTION 1.11. Section 418.1015, Government Code, is amended
355	355	by adding Subsection (d) to read as follows:
356	356	(d) A person, other than an emergency management director
357	357	exercising under Subsection (b) a power granted to the governor,
358	358	may not seize state or federal resources without prior
359	359	authorization from the division or the state or federal agency
360	360	having responsibility for those resources.
361	361	SECTION 1.12. Section 418.107(b), Government Code, is
362	362	amended to read as follows:
363	363	(b) Political subdivisions may make agreements for the
364	364	purpose of organizing emergency management service divisions and
365	365	provide for a mutual method of financing the organization of units
366	366	on a basis satisfactory to the subdivisions. [The functioning of
367	367	the units shall be coordinated by the emergency management
368	368	council.]
369	369	SECTION 1.13. Section 418.108(d), Government Code, is
370	370	amended to read as follows:
371	371	(d) A declaration of local disaster activates the
372	372	appropriate recovery and rehabilitation aspects of all applicable
373	373	local or interjurisdictional emergency management plans and
374	374	authorizes the furnishing of aid and assistance under the
375	375	declaration. The appropriate preparedness and response aspects of
376	376	the plans are activated as provided in the plans and take effect
377	377	immediately after the local state of disaster is declared.
378	378	SECTION 1.14. Section 418.117, Government Code, is amended
379	379	to read as follows:
380	380	Sec. 418.117. LICENSE PORTABILITY. If the assistance of a
381	381	person who holds a license, certificate, permit, or other document
382	382	evidencing qualification in a professional, mechanical, or other
383	383	skill is requested by a state agency or local government entity
384	384	under the system, the person is considered licensed, certified,
385	385	permitted, or otherwise documented in the political subdivision in
386	386	which the service is provided as long as the service is required,
387	387	subject to any limitations imposed by the chief executive officer
388	388	or the governing body of the requesting state agency or local
389	389	government entity.
390	390	SECTION 1.15. Section 418.172(b), Government Code, is
391	391	amended to read as follows:
392	392	(b) If sufficient funds are not available for the required
393	393	insurance, an agency may request funding from [petition] the
394	394	disaster contingency fund [emergency funding board] to purchase the
395	395	insurance [on the agency's behalf. The board may spend money from
396	396	that fund for that purpose].
397	397	SECTION 1.16. Subchapter H, Chapter 418, Government Code,
398	398	is amended by adding Sections 418.185, 418.186, 418.188, 418.1881,
399	399	418.1882, 418.190, and 418.191 to read as follows:
400	400	Sec. 418.185. MANDATORY EVACUATION. (a) This section does
401	401	not apply to a person who is authorized to be in an evacuated area,
402	402	including a person who returns to the area under a phased reentry
403	403	plan or credentialing process under Section 418.050.
404	404	(b) A county judge or mayor of a municipality who orders the
405	405	evacuation of an area stricken or threatened by a disaster by order
406	406	may compel persons who remain in the evacuated area to leave and
407	407	authorize the use of reasonable force to remove persons from the
408	408	area.
409	409	(c) The governor and a county judge or mayor of a
410	410	municipality who orders the evacuation of an area stricken or
411	411	threatened by a disaster by a concurrent order may compel persons
412	412	who remain in the evacuated area to leave.
413	413	(d) A person is civilly liable to a governmental entity, or
414	414	a nonprofit agency cooperating with a governmental entity, that
415	415	conducts a rescue on the person's behalf for the cost of the rescue
416	416	effort if:
417	417	(1) the person knowingly ignored a mandatory
418	418	evacuation order under this section and:
419	419	(A) engaged in an activity or course of action
420	420	that a reasonable person would not have engaged in; or
421	421	(B) failed to take a course of action a
422	422	reasonable person would have taken;
423	423	(2) the person's actions under Subdivision (1) placed
424	424	the person or another person in danger; and
425	425	(3) a governmental rescue effort was undertaken on the
426	426	person's behalf.
427	427	(e) An officer or employee of the state or a political
428	428	subdivision who issues or is working to carry out a mandatory
429	429	evacuation order under this section is immune from civil liability
430	430	for any act or omission within the course and scope of the person's
431	431	authority under the order.
432	432	Sec. 418.186. DISASTER AND EMERGENCY EDUCATION. (a) The
433	433	Department of State Health Services shall establish a program
434	434	designed to educate the citizens of this state on disaster and
435	435	emergency preparedness, response, and recovery. Before
436	436	establishing the program, the department must collaborate with
437	437	local authorities to prevent state efforts that are duplicative of
438	438	local efforts. The program must address:
439	439	(1) types of disasters or other emergencies;
440	440	(2) the appropriate response to each type of disaster
441	441	or emergency, including options for evacuation and shelter;
442	442	(3) how to prepare for each type of disaster or
443	443	emergency;
444	444	(4) the impact of each type of disaster or emergency on
445	445	citizens requiring medical assistance or other care;
446	446	(5) ways to respond in a disaster or emergency or to
447	447	assist the victims of a disaster or emergency; and
448	448	(6) resources and supplies for disaster or emergency
449	449	recovery.
450	450	(b) The executive commissioner of the Health and Human
451	451	Services Commission, in cooperation with the governor, shall adopt
452	452	rules to create and administer a disaster and emergency education
453	453	program established under this section.
454	454	Sec. 418.188. POSTDISASTER EVALUATION. Not later than the
455	455	90th day after the date a request is received from the division, a
456	456	state agency, political subdivision, or interjurisdictional agency
457	457	shall conduct an evaluation of the entity's response to a disaster,
458	458	identify areas for improvement, and issue a report of the
459	459	evaluation to the division.
460	460	Sec. 418.1881. SHELTER OPERATIONS. The Department of State
461	461	Health Services shall develop, with the direction, oversight, and
462	462	approval of the division, an annex to the state emergency
463	463	management plan that includes provisions for:
464	464	(1) developing medical special needs categories;
465	465	(2) categorizing the requirements of individuals with
466	466	medical special needs; and
467	467	(3) establishing minimum health-related standards for
468	468	short-term and long-term shelter operations for shelters operated
469	469	with state funds or receiving state assistance.
470	470	Sec. 418.1882. PERSONNEL SURGE CAPACITY PLANNING.
471	471	(a) With the direction, oversight, and approval of the division
472	472	and the assistance of the Department of State Health Services,
473	473	health care facilities, county officials, trauma service area
474	474	regional advisory councils, and other appropriate entities, each
475	475	council of government, regional planning commission, or similar
476	476	regional planning agency created under Chapter 391, Local
477	477	Government Code, shall develop a regional plan for personnel surge
478	478	capacity during disasters, including plans for providing lodging
479	479	and meals for disaster relief workers and volunteers.
480	480	(b) Entities developing regional plans for personnel surge
481	481	capacity with regard to lodging shall consult with representatives
482	482	of emergency responders, infrastructure and utility repair
483	483	personnel, and other representatives of agencies, entities, or
484	484	businesses determined by the division to be essential to the
485	485	planning process.
486	486	Sec. 418.190. AGRICULTURE EMERGENCY RESPONSE PLAN. (a) In
487	487	coordination with the division, the Department of Agriculture and
488	488	the Texas Animal Health Commission shall prepare and keep current
489	489	an agriculture emergency response plan as an annex to the state
490	490	emergency management plan. The plan must include provisions for:
491	491	(1) identifying and assessing necessary training,
492	492	resource, and support requirements;
493	493	(2) providing information on recovery, relief, and
494	494	assistance requirements following all types of disasters,
495	495	including information on biological and radiological response; and
496	496	(3) all other information the Department of
497	497	Agriculture and the Texas Animal Health Commission determine to be
498	498	relevant to prepare for an all-hazards approach to agricultural
499	499	disaster management.
500	500	(b) The Department of Agriculture and the Texas Animal
501	501	Health Commission shall include the plan developed under Subsection
502	502	(a) in an annual report to the legislature and the office of the
503	503	governor.
504	504	Sec. 418.191. MEDICAL SPECIAL NEEDS VOLUNTEERS. (a) An
505	505	entity responsible for the care of individuals with medical special
506	506	needs shall develop and distribute information on volunteering in
507	507	connection with a disaster.
508	508	(b) The division shall provide information to interested
509	509	parties and the public regarding how volunteers can be identified
510	510	and trained to help all groups of people, including those with
511	511	medical special needs and those who are residents of assisted
512	512	living facilities.
513	513	SECTION 1.17. Subchapter B, Chapter 242, Health and Safety
514	514	Code, is amended by adding Section 242.0395 to read as follows:
515	515	Sec. 242.0395. REGISTRATION WITH TEXAS INFORMATION AND
516	516	REFERRAL NETWORK. (a) An institution licensed under this chapter
517	517	shall register with the Texas Information and Referral Network
518	518	under Section 531.0312, Government Code, to assist the state in
519	519	identifying persons needing assistance if an area is evacuated
520	520	because of a disaster or other emergency.
521	521	(b) The institution is not required to identify individual
522	522	residents who may require assistance in an evacuation or to
523	523	register individual residents with the Texas Information and
524	524	Referral Network for evacuation assistance.
525	525	(c) The institution shall notify each resident and the
526	526	resident's next of kin or guardian regarding how to register for
527	527	evacuation assistance with the Texas Information and Referral
528	528	Network.
529	529	SECTION 1.18. Subchapter B, Chapter 247, Health and Safety
530	530	Code, is amended by adding Section 247.0275 to read as follows:
531	531	Sec. 247.0275. REGISTRATION WITH TEXAS INFORMATION AND
532	532	REFERRAL NETWORK. (a) An assisted living facility licensed under
533	533	this chapter shall register with the Texas Information and Referral
534	534	Network under Section 531.0312, Government Code, to assist the
535	535	state in identifying persons needing assistance if an area is
536	536	evacuated because of a disaster or other emergency.
537	537	(b) The assisted living facility is not required to identify
538	538	individual residents who may require assistance in an evacuation or
539	539	to register individual residents with the Texas Information and
540	540	Referral Network for evacuation assistance.
541	541	(c) The assisted living facility shall notify each resident
542	542	and the resident's next of kin or guardian regarding how to register
543	543	for evacuation assistance with the Texas Information and Referral
544	544	Network.
545	545	SECTION 1.19. Subchapter B, Chapter 207, Labor Code, is
546	546	amended by adding Section 207.0212 to read as follows:
547	547	Sec. 207.0212. ELIGIBILITY OF CERTAIN PERSONS UNEMPLOYED
548	548	BECAUSE OF DISASTER. (a) In this section, "disaster unemployment
549	549	assistance benefits" means benefits authorized under Section 410,
550	550	Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
551	551	U.S.C. Section 5177), and rules adopted under that section.
552	552	(b) Notwithstanding Section 207.021, the governor, by
553	553	executive order, may suspend the waiting period requirement imposed
554	554	under Section 207.021(a)(7) to authorize an individual to receive
555	555	benefits for that waiting period if the individual:
556	556	(1) is unemployed as a direct result of a natural
557	557	disaster that results in a disaster declaration by the president of
558	558	the United States under the Robert T. Stafford Disaster Relief and
559	559	Emergency Assistance Act (42 U.S.C. Section 5121 et seq.);
560	560	(2) is otherwise eligible for unemployment
561	561	compensation benefits under this subtitle; and
562	562	(3) is not receiving disaster unemployment assistance
563	563	benefits for the period included in that waiting period.
564	564	SECTION 1.20. Sections 541.201(1) and (13-a),
565	565	Transportation Code, are amended to read as follows:
566	566	(1) "Authorized emergency vehicle" means:
567	567	(A) a fire department or police vehicle;
568	568	(B) a public or private ambulance operated by a
569	569	person who has been issued a license by the Texas Department of
570	570	Health;
571	571	(C) a municipal department or public service
572	572	corporation emergency vehicle that has been designated or
573	573	authorized by the governing body of a municipality;
574	574	(D) a private vehicle of a volunteer firefighter
575	575	or a certified emergency medical services employee or volunteer
576	576	when responding to a fire alarm or medical emergency;
577	577	(E) an industrial emergency response vehicle,
578	578	including an industrial ambulance, when responding to an emergency,
579	579	but only if the vehicle is operated in compliance with criteria in
580	580	effect September 1, 1989, and established by the predecessor of the
581	581	Texas Industrial Emergency Services Board of the State Firemen's
582	582	and Fire Marshals' Association of Texas; [or]
583	583	(F) a vehicle of a blood bank or tissue bank,
584	584	accredited or approved under the laws of this state or the United
585	585	States, when making emergency deliveries of blood, drugs,
586	586	medicines, or organs; or
587	587	(G) a vehicle used for law enforcement purposes
588	588	that is owned or leased by a federal governmental entity.
589	589	(13-a) "Police vehicle" means a vehicle [of a
590	590	governmental entity primarily] used by a peace officer, as defined
591	591	by Article 2.12, Code of Criminal Procedure, for law enforcement
592	592	purposes that:
593	593	(A) is owned or leased by a governmental entity;
594	594	(B) is owned or leased by the police department
595	595	of a private institution of higher education that commissions peace
596	596	officers under Section 51.212, Education Code; or
597	597	(C) is:
598	598	(i) a private vehicle owned or leased by the
599	599	peace officer; and
600	600	(ii) approved for use for law enforcement
601	601	purposes by the head of the law enforcement agency that employs the
602	602	peace officer, or by that person's designee, provided that use of
603	603	the private vehicle must, if applicable, comply with any rule
604	604	adopted by the commissioners court of a county under Section
605	605	170.001, Local Government Code, and that the private vehicle may
606	606	not be considered an authorized emergency vehicle for exemption
607	607	purposes under Section 228.054, 284.070, 366.178, or 370.177,
608	608	Transportation Code, unless the vehicle is marked.
609	609	SECTION 1.21. Section 545.421(b), Transportation Code, is
610	610	amended to read as follows:
611	611	(b) A signal under this section that is given by a police
612	612	officer pursuing a vehicle may be by hand, voice, emergency light,
613	613	or siren. The officer giving the signal must be in uniform and
614	614	prominently display the officer's badge of office. The officer's
615	615	vehicle must bear the insignia of a law enforcement agency,
616	616	regardless of whether the vehicle displays an emergency light [be
617	617	appropriately marked as an official police vehicle].
618	618	SECTION 1.22. Section 418.072, Government Code, is
619	619	repealed.
620	620	SECTION 1.23. On the effective date of this Act, the
621	621	disaster emergency funding board is abolished.
622	622	SECTION 1.24. The changes in law made by this Act by the
623	623	amendment of Section 418.005, Government Code, apply only to a law
624	624	enforcement officer or county judge elected or public officer
625	625	appointed on or after the effective date of this Act. A law
626	626	enforcement officer or county judge elected or public officer
627	627	appointed before the effective date of this Act is governed by the
628	628	law in effect immediately before that date, and the former law is
629	629	continued in effect for that purpose.
630	630	SECTION 1.25. The change in law made by Section 207.0212,
631	631	Labor Code, as added by this Act, applies only to a claim for
632	632	unemployment compensation benefits that is filed with the Texas
633	633	Workforce Commission on or after the effective date of this Act. A
634	634	claim filed before that date is governed by the law in effect on the
635	635	date the claim was filed, and the former law is continued in effect
636	636	for that purpose.
637	637	SECTION 1.26. (a) Not later than the 30th day after the
638	638	effective date of this section, the division of emergency
639	639	management shall issue a report to the legislature regarding the
640	640	implementation of medical special needs plans in connection with
641	641	Hurricane Ike, including identification, evacuation,
642	642	transportation, shelter, care, and reentry during the period ending
643	643	on the 30th day after the conclusion of the disaster. The
644	644	Department of State Health Services shall cooperate in the
645	645	preparation of the report.
646	646	(b) Subsection (a) of this section takes effect immediately
647	647	if this Act receives a vote of two-thirds of all the members elected
648	648	to each house, as provided by Section 39, Article III, Texas
649	649	Constitution. If this Act does not receive the vote necessary for
650	650	immediate effect, Subsection (a) of this section takes effect
651	651	September 1, 2009.
652	652	ARTICLE 2. EMERGENCY ELECTRICAL POWER
653	653	SECTION 2.01. Subtitle G, Title 10, Government Code, is
654	654	amended by adding Chapter 2311 to read as follows:
655	655	CHAPTER 2311. ENERGY SECURITY TECHNOLOGIES FOR CRITICAL
656	656	GOVERNMENTAL FACILITIES
657	657	Sec. 2311.001. DEFINITIONS. In this chapter:
658	658	(1) "Combined heating and power system" means a system
659	659	that:
660	660	(A) is located on the site of a facility;
661	661	(B) is the primary source of both electricity and
662	662	thermal energy for the facility;
663	663	(C) can provide all of the electricity needed to
664	664	power the facility's critical emergency operations for at least 14
665	665	days; and
666	666	(D) has an overall efficiency of energy use that
667	667	exceeds 60 percent.
668	668	(2) "Critical governmental facility" means a building
669	669	owned by the state or a political subdivision of the state that is
670	670	expected to:
671	671	(A) be continuously occupied;
672	672	(B) maintain operations for at least 6,000 hours
673	673	each year;
674	674	(C) have a peak electricity demand exceeding 500
675	675	kilowatts; and
676	676	(D) serve a critical public health or public
677	677	safety function during a natural disaster or other emergency
678	678	situation that may result in a widespread power outage, including
679	679	a:
680	680	(i) command and control center;
681	681	(ii) shelter;
682	682	(iii) prison or jail;
683	683	(iv) police or fire station;
684	684	(v) communications or data center;
685	685	(vi) water or wastewater facility;
686	686	(vii) hazardous waste storage facility;
687	687	(viii) biological research facility;
688	688	(ix) hospital; or
689	689	(x) food preparation or food storage
690	690	facility.
691	691	Sec. 2311.002. COMBINED HEATING AND POWER SYSTEMS. When
692	692	constructing or extensively renovating a critical governmental
693	693	facility or replacing major heating, ventilation, and
694	694	air-conditioning equipment for a critical governmental facility,
695	695	the entity with charge and control of the facility shall evaluate
696	696	whether equipping the facility with a combined heating and power
697	697	system would result in expected energy savings that would exceed
698	698	the expected costs of purchasing, operating, and maintaining the
699	699	system over a 20-year period. Notwithstanding Chapter 2302, the
700	700	entity may equip the facility with a combined heating and power
701	701	system if the expected energy savings exceed the expected costs.
702	702	SECTION 2.02. Subchapter D, Chapter 38, Utilities Code, is
703	703	amended by adding Section 38.073 to read as follows:
704	704	Sec. 38.073. AUTHORITY OF COMMISSION DURING AN EMERGENCY.
705	705	(a) On a declaration of a natural disaster or other emergency by
706	706	the governor, the commission may require an electric utility,
707	707	municipally owned utility, electric cooperative, qualifying
708	708	facility, power generation company, exempt wholesale generator, or
709	709	power marketer to sell electricity to an electric utility,
710	710	municipally owned utility, or electric cooperative that is unable
711	711	to supply power to meet customer demand due to the natural disaster
712	712	or other emergency. Any plant, property, equipment, or other items
713	713	used to receive or deliver electricity under this subsection are
714	714	used and useful in delivering service to the public, and the
715	715	commission shall allow timely recovery for the costs of those
716	716	items. The commission may order an electric utility, municipally
717	717	owned utility, or electric cooperative to provide interconnection
718	718	service to another electric utility, municipally owned utility, or
719	719	electric cooperative to facilitate a sale of electricity under this
720	720	section. If the commission does not order the sale of electricity
721	721	during a declared emergency as described by this subsection, the
722	722	commission shall promptly submit to the legislature a report
723	723	describing the reasons why the commission did not make that order.
724	724	(b) If an entity receives electricity under Subsection (a),
725	725	the receiving entity shall reimburse the supplying entity for the
726	726	actual cost of providing the electricity. The entity receiving the
727	727	electricity is responsible for any transmission and distribution
728	728	service charges specifically incurred in relation to providing the
729	729	electricity.
730	730	(c) An entity that pays for electricity received under
731	731	Subsection (b) and that is regulated by the commission may fully
732	732	recover the cost of the electricity in a timely manner by:
733	733	(1) including the cost in the entity's fuel cost under
734	734	Section 36.203; or
735	735	(2) notwithstanding Section 36.201, imposing a
736	736	different surcharge.
737	737	SECTION 2.03. Chapter 38, Utilities Code, is amended by
738	738	adding Subchapter E to read as follows:
739	739	SUBCHAPTER E. INFRASTRUCTURE IMPROVEMENT AND MAINTENANCE REPORT
740	740	Sec. 38.101. REPORT ON INFRASTRUCTURE IMPROVEMENT AND
741	741	MAINTENANCE. (a) Not later than May 1 of each year, each electric
742	742	utility shall submit to the commission a report describing the
743	743	utility's activities related to:
744	744	(1) identifying areas that are susceptible to damage
745	745	during severe weather and hardening transmission and distribution
746	746	facilities in those areas;
747	747	(2) vegetation management; and
748	748	(3) inspecting distribution poles.
749	749	(b) Each electric utility shall include in a report required
750	750	under Subsection (a) a summary of the utility's activities related
751	751	to preparing for emergency operations.
752	752	SECTION 2.04. (a) Not later than June 1, 2010, the Public
753	753	Utility Commission of Texas shall conduct and complete a study to
754	754	evaluate:
755	755	(1) the locations in this state that are most likely to
756	756	experience a natural disaster or other emergency;
757	757	(2) the ability of each entity described by Subsection
758	758	(a), Section 38.073, Utilities Code, as added by this Act, to comply
759	759	with that section in the event of a natural disaster or other
760	760	emergency;
761	761	(3) any steps an entity described by Subsection (a),
762	762	Section 38.073, Utilities Code, as added by this Act, should take to
763	763	prepare to comply with that section; and
764	764	(4) the potential for distributed generation,
765	765	including renewable power with battery backup and combined heat and
766	766	power systems, to strengthen reliability of electric service during
767	767	a natural disaster or other emergency.
768	768	(b) An entity described by Subsection (a), Section 38.073,
769	769	Utilities Code, as added by this Act, shall comply with any order
770	770	issued by the Public Utility Commission of Texas under that
771	771	subsection while the study required by Subsection (a) of this
772	772	section is conducted.
773	773	(c) The Public Utility Commission of Texas shall prepare a
774	774	report based on the study conducted under Subsection (a) of this
775	775	section. The report must include any recommendations the
776	776	commission considers advisable in relation to the implementation of
777	777	and compliance with Section 38.073, Utilities Code, as added by
778	778	this Act. The commission may include the report in the report
779	779	required by Section 31.003, Utilities Code.
780	780	SECTION 2.05. The Public Utility Commission of Texas shall
781	781	adopt rules consistent with Subchapter E, Chapter 38, Utilities
782	782	Code, as added by this Act, not later than January 1, 2010.
783	783	ARTICLE 3. HEALTH AND SAFETY PROVISIONS
784	784	SECTION 3.01. Subtitle F, Title 2, Health and Safety Code,
785	785	is amended by adding Chapter 123 to read as follows:
786	786	CHAPTER 123. PUBLIC HEALTH EXTENSION SERVICE PILOT PROGRAM
787	787	Sec. 123.001. DEFINITIONS. In this chapter:
788	788	(1) "Department" means the Department of State Health
789	789	Services; and
790	790	(2) "Program" means the public health extension
791	791	service pilot program established under this chapter.
792	792	Sec. 123.002. PROGRAM ESTABLISHED; PURPOSES. (a) The
793	793	department shall establish a public health extension service pilot
794	794	program in Health Service Region 11, a region of the state that may
795	795	be particularly vulnerable to biosecurity threats, disaster, and
796	796	other emergencies.
797	797	(b) The purpose of the program is to support local public
798	798	health and medical infrastructure, promote disease control and
799	799	medical preparedness, and enhance biosecurity, including detection
800	800	of dangerous biologic agents, availability of pathology services,
801	801	and management of hazardous materials.
802	802	Sec. 123.003. RULES. The executive commissioner of the
803	803	Health and Human Services Commission may adopt rules for the
804	804	implementation and administration of the program.
805	805	Sec. 123.004. PROGRAM ADMINISTRATION. The department may
806	806	contract with The Texas A&M University System or The University of
807	807	Texas System or both to implement or administer the program.
808	808	Sec. 123.005. PROGRAM OBJECTIVES. Through the program, the
809	809	department may implement projects and systems to accomplish the
810	810	purposes of the program described by Section 123.002, and may:
811	811	(1) provide support for regional disaster medical
812	812	assistance teams and tactical medical operations incident
813	813	management teams;
814	814	(2) establish a disaster training and exercise
815	815	program;
816	816	(3) establish and equip caches of necessary medical
817	817	supplies and equipment for use in disasters and other emergencies;
818	818	(4) establish a regionally based system of emergency
819	819	medical logistics management to support state and federal emergency
820	820	management authorities, including local patient triage sites and
821	821	local emergency medical operations; and
822	822	(5) establish a regionally based system to provide
823	823	technical assistance for disaster mitigation and recovery.
824	824	Sec. 123.006. REPORT. Not later than December 1, 2010, the
825	825	department shall report to the governor, lieutenant governor, and
826	826	speaker of the house of representatives on the program, including
827	827	recommendations for continuing and expanding the program to other
828	828	regions of the state.
829	829	Sec. 123.007. EXPIRATION. This chapter expires and the
830	830	program is abolished September 2, 2011.
831	831	SECTION 3.02. Section 251.012, Health and Safety Code, is
832	832	amended to read as follows:
833	833	Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The
834	834	following facilities are not required to be licensed under this
835	835	chapter:
836	836	(1) a home and community support services agency
837	837	licensed under Chapter 142 with a home dialysis designation;
838	838	(2) a hospital licensed under Chapter 241 that
839	839	provides dialysis only to:
840	840	(A) individuals receiving inpatient services
841	841	from the hospital; or
842	842	(B) individuals receiving outpatient services
843	843	due to a disaster declared by the governor or a federal disaster
844	844	declared by the president of the United States occurring in this
845	845	state or another state during the term of the disaster declaration;
846	846	or
847	847	(3) the office of a physician unless the office is used
848	848	primarily as an end stage renal disease facility.
849	849	SECTION 3.03. Subtitle B, Title 8, Health and Safety Code,
850	850	is amended by adding Chapter 695 to read as follows:
851	851	CHAPTER 695. IN-CASKET IDENTIFICATION
852	852	Sec. 695.001. DEFINITIONS. In this chapter:
853	853	(1) "Casket" means a container used to hold the
854	854	remains of a deceased person.
855	855	(2) "Commission" means the Texas Funeral Service
856	856	Commission.
857	857	Sec. 695.002. IDENTIFICATION OF DECEASED PERSON. The
858	858	commission shall ensure a casket contains identification of the
859	859	deceased person, including the person's name, date of birth, and
860	860	date of death.
861	861	Sec. 695.003. RULES. The commission may adopt rules to
862	862	enforce this chapter.
863	863	SECTION 3.03a. Subchapter D, Chapter 771, Health and Safety
864	864	Code, is amended by adding Section 771.0712 to read as follows:
865	865	Sec. 771.0712. PREPAID 9-1-1 EMERGENCY SERVICE FEE. (a) To
866	866	ensure that all 9-1-1 agencies under Section 418.051, Government
867	867	Code, are adequately funded, beginning on June 1, 2010, a prepaid
868	868	wireless 9-1-1 emergency services fee of two percent of the
869	869	purchase price of each prepaid wireless telecommunications service
870	870	purchased by any method, shall be collected by the seller from the
871	871	consumer at the time of each retail transaction of prepaid wireless
872	872	telecommunications service occurring in this state and remitted to
873	873	the comptroller consistent with Chapter 151, Tax Code, and
874	874	distributed consistent with the procedures in place for the
875	875	emergency services fee in Section 771.0711, Health and Safety Code.
876	876	A seller may deduct and retain two percent of prepaid wireless 9-1-1
877	877	emergency services fees that it collects under this section to
878	878	offset its costs in administering this fee.
879	879	(b) The comptroller shall adopt rules to implement this
880	880	section by June 1, 2010.
881	881	SECTION 3.04. The change in law made by this Act by the
882	882	amendment of Section 251.012, Health and Safety Code, applies only
883	883	to dialysis services provided on or after the effective date of this
884	884	Act. Dialysis services provided before the effective date of this
885	885	Act are covered by the law in effect immediately before that date,
886	886	and the former law is continued in effect for that purpose.
887	887	ARTICLE 4. PROVISIONS RELATED TO CERTAIN PUBLIC EMPLOYEES
888	888	SECTION 4.01. Subchapter B, Chapter 659, Government Code,
889	889	is amended by adding Section 659.025 to read as follows:
890	890	Sec. 659.025. USE OF COMPENSATORY TIME BY CERTAIN EMERGENCY
891	891	SERVICES PERSONNEL; OPTIONAL OVERTIME PAYMENT. (a) In this
892	892	section, "emergency services personnel" includes firefighters,
893	893	police officers and other peace officers, emergency medical
894	894	technicians, emergency management personnel, and other individuals
895	895	who are required, in the course and scope of their employment, to
896	896	provide services for the benefit of the general public during
897	897	emergency situations.
898	898	(b) This section applies only to a state employee who is
899	899	emergency services personnel, who is not subject to the overtime
900	900	provisions of the federal Fair Labor Standards Act of 1938 (29
901	901	U.S.C. Section 201 et seq.), and who is not an employee of the
902	902	legislature, including an employee of the lieutenant governor or of
903	903	a legislative agency.
904	904	(c) Notwithstanding Section 659.016 or any other law, an
905	905	employee to whom this section applies may be allowed to take
906	906	compensatory time off during the 18-month period following the end
907	907	of the workweek in which the compensatory time was accrued.
908	908	(d) Notwithstanding Section 659.016 or any other law, the
909	909	administrative head of a state agency that employs an employee to
910	910	whom this section applies may pay the employee overtime at the
911	911	employee's regular hourly salary rate for all or part of the hours
912	912	of compensatory time off accrued by the employee during a declared
913	913	disaster in the preceding 18-month period. The administrative head
914	914	shall reduce the employee's compensatory time balance by one hour
915	915	for each hour the employee is paid overtime under this section.
916	916	SECTION 4.02. Subchapter H, Chapter 660, Government Code,
917	917	is amended by adding Section 660.209 to read as follows:
918	918	Sec. 660.209. STATE EMERGENCY SERVICES PERSONNEL. (a) In
919	919	this section, "emergency services personnel" includes
920	920	firefighters, police officers and other peace officers, emergency
921	921	medical technicians, emergency management personnel, and other
922	922	individuals who are required, in the course and scope of their
923	923	employment, to provide services for the benefit of the general
924	924	public during emergency situations.
925	925	(b) Notwithstanding any other provision of this chapter or
926	926	the General Appropriations Act, a state employee who is emergency
927	927	services personnel and who is deployed to a temporary duty station
928	928	to conduct emergency or disaster response activities is entitled to
929	929	reimbursement for the actual expense of lodging when there is no
930	930	room available at the state rate within reasonable proximity to the
931	931	employee's temporary duty station.
932	932	SECTION 4.03. Section 161.0001(1-a), Health and Safety
933	933	Code, is amended to read as follows:
934	934	(1-a) "First responder" means:
935	935	(A) any federal, state, local, or private
936	936	personnel who may respond to a disaster, including:
937	937	(i) public health and public safety
938	938	personnel;
939	939	(ii) commissioned law enforcement
940	940	personnel;
941	941	(iii) fire protection personnel, including
942	942	volunteer firefighters;
943	943	(iv) emergency medical services personnel,
944	944	including hospital emergency facility staff;
945	945	(v) a member of the National Guard;
946	946	(vi) a member of the Texas State Guard; or
947	947	(vii) any other worker who responds to a
948	948	disaster in the worker's scope of employment; or
949	949	(B) any related personnel that provide support
950	950	services during the prevention, response, and recovery phases of a
951	951	disaster [has the meaning assigned by Section 421.095, Government
952	952	Code].
953	953	ARTICLE 5. JUDICIAL PREPAREDNESS
954	954	SECTION 5.01. Subchapter A, Chapter 22, Government Code, is
955	955	amended by adding Section 22.0035 to read as follows:
956	956	Sec. 22.0035. MODIFICATION OR SUSPENSION OF CERTAIN
957	957	PROVISIONS RELATING TO COURT PROCEEDINGS AFFECTED BY DISASTER. (a)
958	958	In this section, "disaster" has the meaning assigned by Section
959	959	418.004.
960	960	(b) Notwithstanding any other statute, the supreme court
961	961	may modify or suspend procedures for the conduct of any court
962	962	proceeding affected by a disaster during the pendency of a disaster
963	963	declared by the governor. An order under this section may not
964	964	extend for more than 30 days from the date the order was signed
965	965	unless renewed by the supreme court.
966	966	(c) If a disaster prevents the supreme court from acting
967	967	under Subsection (b), the chief justice of the supreme court may act
968	968	on behalf of the supreme court under that subsection.
969	969	(d) If a disaster prevents the chief justice from acting
970	970	under Subsection (c), the court of criminal appeals may act on
971	971	behalf of the supreme court under Subsection (b).
972	972	(e) If a disaster prevents the court of criminal appeals
973	973	from acting under Subsection (d), the presiding judge of the court
974	974	of criminal appeals may act on behalf of the supreme court under
975	975	Subsection (b).
976	976	SECTION 5.02. Section 74.093(c), Government Code, is
977	977	amended to read as follows:
978	978	(c) The rules may provide for:
979	979	(1) the selection and authority of a presiding judge
980	980	of the courts giving preference to a specified class of cases, such
981	981	as civil, criminal, juvenile, or family law cases; [and]
982	982	(2) a coordinated response for the transaction of
983	983	essential judicial functions in the event of a disaster; and
984	984	(3) any other matter necessary to carry out this
985	985	chapter or to improve the administration and management of the
986	986	court system and its auxiliary services.
987	987	SECTION 5.03. Section 418.002, Government Code, is amended
988	988	to read as follows:
989	989	Sec. 418.002. PURPOSES. The purposes of this chapter are
990	990	to:
991	991	(1) reduce vulnerability of people and communities of
992	992	this state to damage, injury, and loss of life and property
993	993	resulting from natural or man-made catastrophes, riots, or hostile
994	994	military or paramilitary action;
995	995	(2) prepare for prompt and efficient rescue, care, and
996	996	treatment of persons victimized or threatened by disaster;
997	997	(3) provide a setting conducive to the rapid and
998	998	orderly restoration and rehabilitation of persons and property
999	999	affected by disasters;
1000	1000	(4) clarify and strengthen the roles of the governor,
1001	1001	state agencies, the judicial branch of state government, and local
1002	1002	governments in prevention of, preparation for, response to, and
1003	1003	recovery from disasters;
1004	1004	(5) authorize and provide for cooperation in disaster
1005	1005	mitigation, preparedness, response, and recovery;
1006	1006	(6) authorize and provide for coordination of
1007	1007	activities relating to disaster mitigation, preparedness,
1008	1008	response, and recovery by agencies and officers of this state, and
1009	1009	similar state-local, interstate, federal-state, and foreign
1010	1010	activities in which the state and its political subdivisions may
1011	1011	participate;
1012	1012	(7) provide an emergency management system embodying
1013	1013	all aspects of predisaster preparedness and postdisaster response;
1014	1014	(8) assist in mitigation of disasters caused or
1015	1015	aggravated by inadequate planning for and regulation of public and
1016	1016	private facilities and land use; and
1017	1017	(9) provide the authority and mechanism to respond to
1018	1018	an energy emergency.
1019	1019	SECTION 5.04. This article takes effect immediately if this
1020	1020	Act receives a vote of two-thirds of all the members elected to each
1021	1021	house, as provided by Section 39, Article III, Texas Constitution.
1022	1022	If this Act does not receive the vote necessary for immediate
1023	1023	effect, this article takes effect September 1, 2009.
1024	1024	ARTICLE 6. EDUCATION PROVISIONS
1025	1025	SECTION 6.01. The heading to Section 37.108, Education
1026	1026	Code, is amended to read as follows:
1027	1027	Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY
1028	1028	AND SECURITY AUDIT.
1029	1029	SECTION 6.02. Section 37.108, Education Code, is amended by
1030	1030	amending Subsections (a), (b), and (c) and adding Subsections (c-1)
1031	1031	and (c-2) to read as follows:
1032	1032	(a) Each school district or public junior college district
1033	1033	shall adopt and implement a multihazard emergency operations plan
1034	1034	for use in the district's facilities [district schools]. The plan
1035	1035	must address mitigation, preparedness, response, and recovery as
1036	1036	defined by the commissioner of education or commissioner of higher
1037	1037	education in conjunction with the governor's office of homeland
1038	1038	security. The plan must provide for:
1039	1039	(1) district employee training in responding to an
1040	1040	emergency;
1041	1041	(2) if the plan applies to a school district,
1042	1042	mandatory school drills and exercises to prepare district students
1043	1043	and employees for responding to an emergency;
1044	1044	(3) measures to ensure coordination with the
1045	1045	Department of State Health Services and local emergency management
1046	1046	agencies, law enforcement, health departments, and fire
1047	1047	departments in the event of an emergency; and
1048	1048	(4) the implementation of a safety and security audit
1049	1049	as required by Subsection (b).
1050	1050	(b) At least once every three years, each [a] school
1051	1051	district or public junior college district shall conduct a safety
1052	1052	and security audit of the district's facilities. To the extent
1053	1053	possible, a district shall follow safety and security audit
1054	1054	procedures developed by the Texas School Safety Center or a
1055	1055	comparable public or private entity.
1056	1056	(c) A school district or public junior college district
1057	1057	shall report the results of the safety and security audit conducted
1058	1058	under Subsection (b) to the district's board of trustees and, in the
1059	1059	manner required by the Texas School Safety Center, to the Texas
1060	1060	School Safety Center.
1061	1061	(c-1) Except as provided by Subsection (c-2), any document
1062	1062	or information collected, developed, or produced during a safety
1063	1063	and security audit conducted under Subsection (b) is not subject to
1064	1064	disclosure under Chapter 552, Government Code.
1065	1065	(c-2) A document relating to a school district's or public
1066	1066	junior college district's multihazard emergency operations plan is
1067	1067	subject to disclosure if the document enables a person to:
1068	1068	(1) verify that the district has established a plan
1069	1069	and determine the agencies involved in the development of the plan
1070	1070	and the agencies coordinating with the district to respond to an
1071	1071	emergency, including the Department of State Health Services, local
1072	1072	emergency services agencies, law enforcement agencies, health
1073	1073	departments, and fire departments;
1074	1074	(2) verify that the district's plan was reviewed
1075	1075	within the last 12 months and determine the specific review dates;
1076	1076	(3) verify that the plan addresses the four phases of
1077	1077	emergency management under Subsection (a);
1078	1078	(4) verify that district employees have been trained
1079	1079	to respond to an emergency and determine the types of training, the
1080	1080	number of employees trained, and the person conducting the
1081	1081	training;
1082	1082	(5) verify that each campus in the district has
1083	1083	conducted mandatory emergency drills and exercises in accordance
1084	1084	with the plan and determine the frequency of the drills;
1085	1085	(6) if the district is a school district, verify that
1086	1086	the district has established a plan for responding to a train
1087	1087	derailment if required under Subsection (d);
1088	1088	(7) verify that the district has completed a safety
1089	1089	and security audit under Subsection (b) and determine the date the
1090	1090	audit was conducted, the person conducting the audit, and the date
1091	1091	the district presented the results of the audit to the district's
1092	1092	board of trustees;
1093	1093	(8) verify that the district has addressed any
1094	1094	recommendations by the district's board of trustees for improvement
1095	1095	of the plan and determine the district's progress within the last 12
1096	1096	months; and
1097	1097	(9) if the district is a school district, verify that
1098	1098	the district has established a visitor policy and identify the
1099	1099	provisions governing access to a district building or other
1100	1100	district property.
1101	1101	SECTION 6.03. Subchapter D, Chapter 37, Education Code, is
1102	1102	amended by adding Section 37.109 to read as follows:
1103	1103	Sec. 37.109. SCHOOL SAFETY AND SECURITY COMMITTEE. (a) In
1104	1104	accordance with guidelines established by the Texas School Safety
1105	1105	Center, each school district shall establish a school safety and
1106	1106	security committee.
1107	1107	(b) The committee shall:
1108	1108	(1) participate on behalf of the district in
1109	1109	developing and implementing emergency plans consistent with the
1110	1110	district multihazard emergency operations plan required by Section
1111	1111	37.108(a) to ensure that the plans reflect specific campus,
1112	1112	facility, or support services needs;
1113	1113	(2) provide the district with any campus, facility, or
1114	1114	support services information required in connection with a safety
1115	1115	and security audit required by Section 37.108(b), a safety and
1116	1116	security audit report required by Section 37.108(c), or another
1117	1117	report required to be submitted by the district to the Texas School
1118	1118	Safety Center; and
1119	1119	(3) review each report required to be submitted by the
1120	1120	district to the Texas School Safety Center to ensure that the report
1121	1121	contains accurate and complete information regarding each campus,
1122	1122	facility, or support service in accordance with criteria
1123	1123	established by the center.
1124	1124	SECTION 6.04. Section 37.202, Education Code, is amended to
1125	1125	read as follows:
1126	1126	Sec. 37.202. PURPOSE. The purpose of the center is to serve
1127	1127	as:
1128	1128	(1) a central location for school safety and security
1129	1129	information, including research, training, and technical
1130	1130	assistance related to successful school safety and security
1131	1131	programs; [and]
1132	1132	(2) a central registry of persons providing school
1133	1133	safety and security consulting services in the state; and
1134	1134	(3) a resource for the prevention of youth violence
1135	1135	and the promotion of safety in the state.
1136	1136	SECTION 6.05. Section 37.203(a), Education Code, as amended
1137	1137	by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the 80th
1138	1138	Legislature, Regular Session, 2007, is reenacted to read as
1139	1139	follows:
1140	1140	(a) The center is advised by a board of directors composed
1141	1141	of:
1142	1142	(1) the attorney general, or the attorney general's
1143	1143	designee;
1144	1144	(2) the commissioner, or the commissioner's designee;
1145	1145	(3) the executive director of the Texas Juvenile
1146	1146	Probation Commission, or the executive director's designee;
1147	1147	(4) the executive commissioner of the Texas Youth
1148	1148	Commission, or the executive commissioner's designee;
1149	1149	(5) the commissioner of the Department of State Health
1150	1150	Services, or the commissioner's designee;
1151	1151	(6) the commissioner of higher education, or the
1152	1152	commissioner's designee; and
1153	1153	(7) the following members appointed by the governor
1154	1154	with the advice and consent of the senate:
1155	1155	(A) a juvenile court judge;
1156	1156	(B) a member of a school district's board of
1157	1157	trustees;
1158	1158	(C) an administrator of a public primary school;
1159	1159	(D) an administrator of a public secondary
1160	1160	school;
1161	1161	(E) a member of the state parent-teacher
1162	1162	association;
1163	1163	(F) a teacher from a public primary or secondary
1164	1164	school;
1165	1165	(G) a public school superintendent who is a
1166	1166	member of the Texas Association of School Administrators;
1167	1167	(H) a school district police officer or a peace
1168	1168	officer whose primary duty consists of working in a public school;
1169	1169	and
1170	1170	(I) two members of the public.
1171	1171	SECTION 6.06. Section 37.203(b), Education Code, is amended
1172	1172	to read as follows:
1173	1173	(b) Members of the board appointed under Subsection (a)(7)
1174	1174	[(a)(6)] serve staggered two-year terms, with the terms of the
1175	1175	members described by Subsections (a)(7)(A)-(E) [(a)(6)(A)-(E)]
1176	1176	expiring on February 1 of each odd-numbered year and the terms of
1177	1177	the members described by Subsections (a)(7)(F)-(I) [(a)(6)(F)-(I)]
1178	1178	expiring on February 1 of each even-numbered year. A member may
1179	1179	serve more than one term.
1180	1180	SECTION 6.07. Section 37.207(a), Education Code, is amended
1181	1181	to read as follows:
1182	1182	(a) The center shall develop a model safety and security
1183	1183	audit procedure for use by school districts and public junior
1184	1184	college districts that includes:
1185	1185	(1) providing each district with guidelines [and a
1186	1186	training video] showing proper audit procedures;
1187	1187	(2) reviewing elements of each district audit[,
1188	1188	providing the results of the review to the district,] and making
1189	1189	recommendations for improvements in the state based on that review
1190	1190	[the audit]; and
1191	1191	(3) incorporating the findings of district audits in a
1192	1192	statewide report on school safety and security made available by
1193	1193	the center to the public.
1194	1194	SECTION 6.08. Section 37.209, Education Code, is amended to
1195	1195	read as follows:
1196	1196	Sec. 37.209. CENTER WEBSITE. The center shall develop and
1197	1197	maintain an interactive Internet website that includes:
1198	1198	(1) quarterly news updates related to school safety
1199	1199	and security and violence prevention;
1200	1200	(2) school crime data;
1201	1201	(3) a schedule of training and special events; and
1202	1202	(4) a list of persons who [approved by the board to]
1203	1203	provide school safety or security consulting services in this state
1204	1204	and are registered in accordance with Section 37.2091
1205	1205	[presentations].
1206	1206	SECTION 6.09. Subchapter G, Chapter 37, Education Code, is
1207	1207	amended by adding Sections 37.2091 and 37.2121 to read as follows:
1208	1208	Sec. 37.2091. REGISTRY OF PERSONS PROVIDING SCHOOL SAFETY
1209	1209	OR SECURITY CONSULTING SERVICES. (a) In this section, "school
1210	1210	safety or security consulting services" includes any service
1211	1211	provided to a school district, institution of higher education,
1212	1212	district facility, or campus by a person consisting of advice,
1213	1213	information, recommendations, data collection, or safety and
1214	1214	security audit services relevant to school safety and security,
1215	1215	regardless of whether the person is paid for those services.
1216	1216	(b) The center shall establish a registry of persons
1217	1217	providing school safety or security consulting services in this
1218	1218	state.
1219	1219	(c) Each person providing school safety or security
1220	1220	consulting services in this state shall register with the center in
1221	1221	accordance with requirements established by the center. The
1222	1222	requirements must include provisions requiring a person
1223	1223	registering with the center to provide information regarding:
1224	1224	(1) the person's background, education, and experience
1225	1225	that are relevant to the person's ability to provide knowledgeable
1226	1226	and effective school safety or security consulting services; and
1227	1227	(2) any complaints or pending litigation relating to
1228	1228	the person's provision of school safety or security consulting
1229	1229	services.
1230	1230	(d) The registry is intended to serve only as an
1231	1231	informational resource for school districts and institutions of
1232	1232	higher education. The inclusion of a person in the registry is not
1233	1233	an indication of the person's qualifications or ability to provide
1234	1234	school safety or security consulting services or that the center
1235	1235	endorses the person's school safety or security consulting
1236	1236	services.
1237	1237	(e) The center shall include information regarding the
1238	1238	registry, including the number of persons registered and the
1239	1239	general degree of school safety or security experience possessed by
1240	1240	those persons, in the biennial report required by Section 37.216.
1241	1241	Sec. 37.2121. MEMORANDA OF UNDERSTANDING AND MUTUAL AID
1242	1242	AGREEMENTS. (a) The center shall identify and inform school
1243	1243	districts of the types of entities, including local and regional
1244	1244	authorities, other school districts, and emergency first
1245	1245	responders, with whom school districts should customarily make
1246	1246	efforts to enter into memoranda of understanding or mutual aid
1247	1247	agreements addressing issues that affect school safety and
1248	1248	security.
1249	1249	(b) The center shall develop guidelines regarding memoranda
1250	1250	of understanding and mutual aid agreements between school districts
1251	1251	and the entities identified in accordance with Subsection (a). The
1252	1252	guidelines:
1253	1253	(1) must include descriptions of the provisions that
1254	1254	should customarily be included in each memorandum or agreement with
1255	1255	a particular type of entity;
1256	1256	(2) may include sample language for those provisions;
1257	1257	and
1258	1258	(3) must be consistent with the Texas Statewide Mutual
1259	1259	Aid System established under Subchapter E-1, Chapter 418,
1260	1260	Government Code.
1261	1261	(c) The center shall encourage school districts to enter
1262	1262	into memoranda of understanding and mutual aid agreements with
1263	1263	entities identified in accordance with Subsection (a) that comply
1264	1264	with the guidelines developed under Subsection (b).
1265	1265	(d) Each school district that enters into a memorandum of
1266	1266	understanding or mutual aid agreement addressing issues that affect
1267	1267	school safety and security shall, at the center's request, provide
1268	1268	the following information to the center:
1269	1269	(1) the name of each entity with which the school
1270	1270	district has entered into a memorandum of understanding or mutual
1271	1271	aid agreement;
1272	1272	(2) the effective date of each memorandum or
1273	1273	agreement; and
1274	1274	(3) a summary of each memorandum or agreement.
1275	1275	(e) The center shall include information regarding the
1276	1276	center's efforts under this section in the report required by
1277	1277	Section 37.216.
1278	1278	SECTION 6.10. Section 37.213, Education Code, is amended to
1279	1279	read as follows:
1280	1280	Sec. 37.213. PUBLIC JUNIOR COLLEGES [INSTITUTIONS OF HIGHER
1281	1281	EDUCATION]. (a) In this section, "public junior college"
1282	1282	["institution of higher education"] has the meaning assigned by
1283	1283	Section 61.003.
1284	1284	(b) The center shall research best practices regarding
1285	1285	emergency preparedness of public junior colleges and serve as a
1286	1286	clearinghouse for that information.
1287	1287	(c) The center shall provide public junior colleges with
1288	1288	training, technical assistance, and published guidelines or
1289	1289	templates, as appropriate, in the following areas:
1290	1290	(1) multihazard emergency operations plan
1291	1291	development;
1292	1292	(2) drill and exercise development and
1293	1293	implementation;
1294	1294	(3) mutual aid agreements;
1295	1295	(4) identification of equipment and funds that may be
1296	1296	used by public junior colleges in an emergency; and
1297	1297	(5) reporting in accordance with 20 U.S.C. Section
1298	1298	1092(f) [An institution of higher education may use any appropriate
1299	1299	model plan developed by the center under Section 37.205(4).
1300	1300	[(c) The center may provide an institution of higher
1301	1301	education with on-site technical assistance and safety training.
1302	1302	[(d) The center may charge a fee to an institution of higher
1303	1303	education for assistance and training provided under Subsection
1304	1304	(c)].
1305	1305	SECTION 6.11. Section 37.216, Education Code, is amended to
1306	1306	read as follows:
1307	1307	Sec. 37.216. BIENNIAL [ANNUAL] REPORT. (a) Not later than
1308	1308	January [September] 1 of each odd-numbered year, the board shall
1309	1309	provide a report to the governor, the legislature, the State Board
1310	1310	of Education, and the agency.
1311	1311	(b) The biennial [annual] report must include any findings
1312	1312	made by the center regarding school safety and security and the
1313	1313	center's functions, budget information, and strategic planning
1314	1314	initiatives of the center.
1315	1315	SECTION 6.12. Subchapter G, Chapter 37, Education Code, is
1316	1316	amended by adding Section 37.2161 to read as follows:
1317	1317	Sec. 37.2161. SCHOOL SAFETY AND SECURITY PROGRESS REPORT.
1318	1318	(a) The center shall periodically provide a school safety and
1319	1319	security progress report to the governor, the legislature, the
1320	1320	State Board of Education, and the agency that contains current
1321	1321	information regarding school safety and security in the school
1322	1322	districts and public junior college districts of this state based
1323	1323	on:
1324	1324	(1) elements of each district's multihazard emergency
1325	1325	operations plan required by Section 37.108(a);
1326	1326	(2) elements of each district's safety and security
1327	1327	audit required by Section 37.108(b); and
1328	1328	(3) any other report required to be submitted to the
1329	1329	center.
1330	1330	(b) The center shall establish guidelines regarding the
1331	1331	specific information to be included in the report required by this
1332	1332	section.
1333	1333	(c) The center may provide the report required by this
1334	1334	section in conjunction with the report required by Section 37.216.
1335	1335	SECTION 6.13. Subchapter E, Chapter 51, Education Code, is
1336	1336	amended by adding Section 51.217 to read as follows:
1337	1337	Sec. 51.217. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY
1338	1338	AND SECURITY AUDIT. (a) In this section, "institution" means a
1339	1339	general academic teaching institution, a medical and dental unit,
1340	1340	or other agency of higher education, as those terms are defined by
1341	1341	Section 61.003.
1342	1342	(b) An institution shall adopt and implement a multihazard
1343	1343	emergency operations plan for use at the institution. The plan must
1344	1344	address mitigation, preparedness, response, and recovery. The plan
1345	1345	must provide for:
1346	1346	(1) employee training in responding to an emergency;
1347	1347	(2) mandatory drills to prepare students, faculty, and
1348	1348	employees for responding to an emergency;
1349	1349	(3) measures to ensure coordination with the
1350	1350	Department of State Health Services, local emergency management
1351	1351	agencies, law enforcement, health departments, and fire
1352	1352	departments in the event of an emergency; and
1353	1353	(4) the implementation of a safety and security audit
1354	1354	as required by Subsection (c).
1355	1355	(c) At least once every three years, an institution shall
1356	1356	conduct a safety and security audit of the institution's
1357	1357	facilities. To the extent possible, an institution shall follow
1358	1358	safety and security audit procedures developed in consultation with
1359	1359	the division of emergency management of the office of the governor.
1360	1360	(d) An institution shall report the results of the safety
1361	1361	and security audit conducted under Subsection (c) to the
1362	1362	institution's board of regents and the division of emergency
1363	1363	management of the office of the governor.
1364	1364	(e) Except as provided by Subsection (f), any document or
1365	1365	information collected, developed, or produced during a safety and
1366	1366	security audit conducted under Subsection (c) is not subject to
1367	1367	disclosure under Chapter 552, Government Code.
1368	1368	(f) A document relating to an institution's multihazard
1369	1369	emergency operations plan is subject to disclosure if the document
1370	1370	enables a person to:
1371	1371	(1) verify that the institution has established a plan
1372	1372	and determine the agencies involved in the development of the plan
1373	1373	and the agencies coordinating with the institution to respond to an
1374	1374	emergency, including the Department of State Health Services, local
1375	1375	emergency services agencies, law enforcement agencies, health
1376	1376	departments, and fire departments;
1377	1377	(2) verify that the institution's plan was reviewed
1378	1378	within the last 12 months and determine the specific review dates;
1379	1379	(3) verify that the plan addresses the four phases of
1380	1380	emergency management under Subsection (b);
1381	1381	(4) verify that institution employees have been
1382	1382	trained to respond to an emergency and determine the types of
1383	1383	training, the number of employees trained, and the person
1384	1384	conducting the training;
1385	1385	(5) verify that each campus has conducted mandatory
1386	1386	emergency drills and exercises in accordance with the plan and
1387	1387	determine the frequency of the drills;
1388	1388	(6) verify that the institution has completed a safety
1389	1389	and security audit under Subsection (c) and determine the date the
1390	1390	audit was conducted, the person conducting the audit, and the date
1391	1391	the institution presented the results of the audit to the board of
1392	1392	regents; and
1393	1393	(7) verify that the institution has addressed any
1394	1394	recommendations by the board of regents for improvement of the plan
1395	1395	and determine the institution's progress within the last 12 months.
1396	1396	SECTION 6.13a. Chapter 111, Education Code, is amended by
1397	1397	adding Subchapter I to read as follows:
1398	1398	SUBCHAPTER I. UNIVERSITY OF HOUSTON HURRICANE CENTER FOR
1399	1399	INNOVATIVE TECHNOLOGY
1400	1400	Sec. 111.121. DEFINITIONS. In this subchapter:
1401	1401	(1) "Board" means the board of regents of the
1402	1402	University of Houston System.
1403	1403	(2) "Center" means the University of Houston Hurricane
1404	1404	Center for Innovative Technology (UHC-IT) established under this
1405	1405	subchapter.
1406	1406	Sec. 111.122. ESTABLISHMENT. (a) The University of
1407	1407	Houston Hurricane Center for Innovative Technology is established
1408	1408	at the University of Houston.
1409	1409	(b) The organization, control, and management of the center
1410	1410	are vested in the board.
1411	1411	(c) The center shall be hosted by the university's College
1412	1412	of Engineering. Participation in the center's activities shall be
1413	1413	open to any faculty member of the university who is an active
1414	1414	researcher in the field of materials, nanotechnology, structural
1415	1415	engineering, designing of structures, or sensor technology, or in
1416	1416	another relevant field as determined by the university.
1417	1417	Sec. 111.123. PURPOSE. The center is created to:
1418	1418	(1) promote interdisciplinary research, education,
1419	1419	and training for the development of state-of-the-art products,
1420	1420	materials, systems, and technologies designed to mitigate the wind,
1421	1421	and asserted structural damages in the built environment and
1422	1422	offshore structures caused by hurricanes in the Gulf Coast region;
1423	1423	and
1424	1424	(2) develop protocols for the fast and efficient
1425	1425	recovery of the public and private sectors, including utilities,
1426	1426	hospitals, petrochemical industries, offshore platforms, and
1427	1427	municipalities and other local communities following a hurricane.
1428	1428	Sec. 111.124. POWERS AND DUTIES. The center shall:
1429	1429	(1) collaborate with appropriate federal, state, and
1430	1430	local agencies and private business or nonprofit entities as
1431	1431	necessary to coordinate efforts after a hurricane in the Gulf Coast
1432	1432	region;
1433	1433	(2) develop smart materials and devices for use in
1434	1434	hurricane protection and mitigation systems for structural
1435	1435	monitoring;
1436	1436	(3) develop anchor systems for window and door
1437	1437	screens, dwellings and other buildings, pipelines, and other
1438	1438	onshore and offshore structures to withstand hurricane wind damage;
1439	1439	(4) develop test facilities for evaluating the
1440	1440	performance of new products, materials, or techniques designed to
1441	1441	protect against hurricane wind damage;
1442	1442	(5) develop specifications and standards for products
1443	1443	used for protecting against hurricane wind damage;
1444	1444	(6) design buildings, houses, and other structures to
1445	1445	withstand hurricane wind damage; and
1446	1446	(9) provide hurricane-related educational programs,
1447	1447	seminars, conferences, and workshops to the community designed to
1448	1448	ensure safety, minimize loss of life, and mitigate the destruction
1449	1449	of property associated with hurricane wind damage.
1450	1450	Sec. 111.125. COLLABORATION WITH OTHER ENTITIES. The
1451	1451	University of Houston shall encourage public and private entities
1452	1452	to participate in or support the operation of the center and may
1453	1453	enter into an agreement with any public or private entity for that
1454	1454	purpose. An agreement may allow the center to provide information,
1455	1455	services, or other assistance to an entity in exchange for the
1456	1456	entity's participation or support.
1457	1457	Sec. 111.126. GIFTS AND GRANTS. The board may solicit,
1458	1458	accept, and administer gifts and grants from any public or private
1459	1459	source and use existing resources for the purposes of the center.
1460	1460	State funding is not available unless the legislature makes
1461	1461	specific appropriation for this purpose.
1462	1462	Sec. 111.127. PERSONNEL. The board may employ personnel
1463	1463	for the center as necessary.
1464	1464	SECTION 6.14. Section 418.004(10), Government Code, is
1465	1465	amended to read as follows:
1466	1466	(10) "Local government entity" means a county,
1467	1467	incorporated city, independent school district, public junior
1468	1468	college district, emergency services district, other special
1469	1469	district, joint board, or other entity defined as a political
1470	1470	subdivision under the laws of this state that maintains the
1471	1471	capability to provide mutual aid.
1472	1472	SECTION 6.15. Section 37.210, Education Code, is repealed.
1473	1473	SECTION 6.16. Sections 37.108(c-1) and (c-2), and Sections
1474	1474	51.217(d) and (e), Education Code, as added by this article, apply
1475	1475	only to a request for documents or information that is received on
1476	1476	or after the effective date of this article. A request for
1477	1477	documents or information that was received before the effective
1478	1478	date of this article is governed by the law in effect on the date the
1479	1479	request was received, and the former law is continued in effect for
1480	1480	that purpose.
1481	1481	SECTION 6.17. A person providing school safety or security
1482	1482	consulting services in this state shall comply with Section
1483	1483	37.2091, Education Code, as added by this article, not later than
1484	1484	January 1, 2010.
1485	1485	SECTION 6.18. This article does not make an appropriation.
1486	1486	A provision in this article that creates a new governmental
1487	1487	program, creates a new entitlement, or imposes a new duty on a
1488	1488	governmental entity is not mandatory during a fiscal period for
1489	1489	which the legislature has not made a specific appropriation to
1490	1490	implement the provision.
1491	1491	SECTION 6.19. This article takes effect September 1, 2009.
1492	1492	ARTICLE 7. EFFECTIVE DATE
1493	1493	SECTION 7.01. Except as otherwise provided by this Act,
1494	1494	this Act takes effect September 1, 2009.
1495	1495	______________________________ ______________________________
1496	1496	President of the Senate Speaker of the House
1497	1497	I certify that H.B. No. 1831 was passed by the House on April
1498	1498	24, 2009, by the following vote: Yeas 140, Nays 0, 1 present, not
1499	1499	voting; that the House refused to concur in Senate amendments to
1500	1500	H.B. No. 1831 on May 29, 2009, and requested the appointment of a
1501	1501	conference committee to consider the differences between the two
1502	1502	houses; that the House adopted the conference committee report on
1503	1503	H.B. No. 1831 on May 31, 2009, by the following vote: Yeas 141,
1504	1504	Nays 0, 1 present, not voting; and that the House adopted H.C.R. No.
1505	1505	286 authorizing certain corrections in H.B. No. 1831 on June 1,
1506	1506	2009, by the following vote: Yeas 135, Nays 0, 2 present, not
1507	1507	voting.
1508	1508	______________________________
1509	1509	Chief Clerk of the House
1510	1510	I certify that H.B. No. 1831 was passed by the Senate, with
1511	1511	amendments, on May 23, 2009, by the following vote: Yeas 30, Nays
1512	1512	1; at the request of the House, the Senate appointed a conference
1513	1513	committee to consider the differences between the two houses; that
1514	1514	the Senate adopted the conference committee report on H.B. No. 1831
1515	1515	on June 1, 2009, by the following vote: Yeas 30, Nays 1; and that
1516	1516	the Senate adopted H.C.R. No. 286 authorizing certain corrections
1517	1517	in H.B. No. 1831 on June 1, 2009, by the following vote: Yeas 31,
1518	1518	Nays 0.
1519	1519	______________________________
1520	1520	Secretary of the Senate
1521	1521	APPROVED: __________________
1522	1522	Date
1523	1523	__________________
1524	1524	Governor