H.B. No. 1831
AN ACT
relating to disaster preparedness and emergency management and to
certain vehicles used in emergencies; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.01. Section 418.004(1), Government Code, is
amended to read as follows:
(1) "Disaster" means the occurrence or imminent threat
of widespread or severe damage, injury, or loss of life or property
resulting from any natural or man-made cause, including fire,
flood, earthquake, wind, storm, wave action, oil spill or other
water contamination, volcanic activity, epidemic, air
contamination, blight, drought, infestation, explosion, riot,
hostile military or paramilitary action, extreme heat, other public
calamity requiring emergency action, or energy emergency.
SECTION 1.02. Sections 418.005(a) and (b), Government Code,
are amended to read as follows:
(a) This section applies only to an elected law enforcement
officer or county judge, or an appointed public officer of the state
or of a political subdivision, who has management or supervisory
responsibilities and:
(1) whose position description, job duties, or
assignment includes emergency management responsibilities; or
(2) who plays a role in emergency preparedness,
response, or recovery.
(b) Each person described by Subsection (a) shall complete a
course of training provided or approved by the division of not less
than three hours regarding the responsibilities of state and local
governments under this chapter not later than the 180th day after
the date the person:
(1) takes the oath of office, if the person is required
to take an oath of office to assume the person's duties as a [an
appointed] public officer; or
(2) otherwise assumes responsibilities as a [an
appointed] public officer, if the person is not required to take an
oath of office to assume the person's duties.
SECTION 1.03. Section 418.013, Government Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The emergency management council is composed of
representatives [the heads] of state agencies, boards, [and]
commissions, and [representatives of] organized volunteer groups
designated by the head of each entity.
(d) The emergency management council shall assist the
division in identifying, mobilizing, and deploying state resources
to respond to major emergencies and disasters throughout the state.
SECTION 1.03a. Section 418.016, Government Code, is amended
to read as follows:
Sec. 418.016. SUSPENSION OF PROCEDURAL LAWS AND RULES. (a)
The governor may suspend the provisions of any regulatory statute
prescribing the procedures for conduct of state business or the
orders or rules of a state agency if strict compliance with the
provisions, orders, or rules would in any way prevent, hinder, or
delay necessary action in coping with a disaster.
(b) Upon declaration of a state of disaster, enforcement of
the regulation of on-premise outdoor signs under Subchapter A,
Chapter 216, Local Government Code, by a municipality that is
located in a county within, or that is located in a county adjacent
to a county within, the disaster area specified by the declaration
is suspended to allow licensed or admitted insurance carriers or
licensed agents acting on behalf of insurance carriers to erect
temporary claims service signage for not more than 30 days or until
the end of the declaration of disaster, whichever is earlier.
(c) A temporary claims service sign shall not:
(1) be larger than forty square feet in size; and
(2) be more than five feet in height; and
(3) be placed in the right of way.
(4) At the end of the 30 days or the end of the
declaration of disaster, whichever is earlier, the insurance
carrier or its licensed agents must remove the temporary claims
service signage that was erected.
SECTION 1.04. Section 418.042(a), Government Code, is
amended to read as follows:
(a) The division shall prepare and keep current a
comprehensive state emergency management plan. The plan may
include:
(1) provisions for prevention and minimization of
injury and damage caused by disaster;
(2) provisions for prompt and effective response to
disaster;
(3) provisions for emergency relief;
(4) provisions for energy emergencies;
(5) identification of areas particularly vulnerable
to disasters;
(6) recommendations for zoning, building
restrictions, and other land-use controls, safety measures for
securing mobile homes or other nonpermanent or semipermanent
structures, and other preventive and preparedness measures
designed to eliminate or reduce disasters or their impact;
(7) provisions for assistance to local officials in
designing local emergency management plans;
(8) authorization and procedures for the erection or
other construction of temporary works designed to protect against
or mitigate danger, damage, or loss from flood, fire, or other
disaster;
(9) preparation and distribution to the appropriate
state and local officials of state catalogs of federal, state, and
private assistance programs;
(10) organization of manpower and channels of
assistance;
(11) coordination of federal, state, and local
emergency management activities;
(12) coordination of the state emergency management
plan with the emergency management plans of the federal government;
(13) coordination of federal and state energy
emergency plans;
(14) provisions for providing information to
[education and training of] local officials on activation of the
Emergency Alert System established under 47 C.F.R. Part 11; [and]
(15) a database of public facilities that may be used
under Section 418.017 to shelter individuals during a disaster,
including air-conditioned facilities for shelter during an extreme
heat disaster and fortified structures for shelter during a wind
disaster; and
(16) other necessary matters relating to disasters.
SECTION 1.05. Subchapter C, Chapter 418, Government Code,
is amended by adding Section 418.0425 to read as follows:
Sec. 418.0425. STATE EMERGENCY MANAGEMENT PLAN ANNEX. (a)
In this section, "critical water or wastewater facility" means a
facility with:
(1) water supply, treatment, or distribution
equipment that is essential to maintain the minimum water pressure
requirements established by the governing body of a municipality or
the Texas Commission on Environmental Quality; or
(2) wastewater collection or treatment equipment that
is essential to prevent the discharge of untreated wastewater to
water in the state.
(b) The division, in cooperation with the emergency
management council, local governments, regional entities, health
and medical facilities, volunteer groups, private sector partners,
the Federal Emergency Management Agency, and other federal
agencies, shall develop an annex to the state emergency management
plan that addresses initial response planning for providing
essential population support supplies, equipment, and services
during the first five days immediately following a disaster. The
annex must include:
(1) plans to make fuel available to, maintain
continuing operations of, and assess the backup power available
for, all:
(A) hospitals;
(B) prisons;
(C) assisted living facilities licensed under
Chapter 247, Health and Safety Code;
(D) institutions licensed under Chapter 242,
Health and Safety Code; and
(E) other critical facilities determined by the
division;
(2) provisions for interagency coordination of
disaster response efforts;
(3) provisions for the rapid gross assessment of
population support needs;
(4) plans for the clearance of debris from major
roadways to facilitate emergency response operations and delivery
of essential population support supplies and equipment;
(5) methods to obtain food, water, and ice for
disaster victims through prearranged contracts or suppliers,
stockpiled supplies, or plans to request assistance from federal
agencies, as appropriate;
(6) guidelines for arranging temporary points of
distribution for disaster relief supplies and standardized
procedures for operating those distribution points;
(7) methods for providing basic medical support for
disaster victims, including medical supplies and pharmaceuticals;
(8) provisions, developed in coordination with fuel
suppliers and retailers, for the continued operation of service
stations to provide fuel to disaster victims and emergency
responders; and
(9) provisions for the dissemination of emergency
information through the media to aid disaster victims.
(c) The division, in coordination with the Texas Commission
on Environmental Quality and electric, gas, water, and wastewater
utility providers, shall develop for inclusion in the annex to the
state emergency management plan provisions to provide emergency or
backup power to restore or continue the operation of critical water
or wastewater facilities following a disaster. The provisions must:
(1) establish an online resource database of available
emergency generators configured for transport that are capable of
providing backup power for critical water or wastewater facilities
following a disaster;
(2) include procedures for the maintenance,
activation, transportation, and redeployment of available
emergency generators;
(3) develop a standardized form for use by a water or
wastewater utility provider in developing and maintaining data on
the number and type of emergency generators required for the
operation of the provider's critical water or wastewater facilities
following a disaster; and
(4) include procedures for water or wastewater utility
providers to maintain a current list of generators available in
surrounding areas through mutual aid agreements, recognized and
coordinated statewide mutual aid programs, and through commercial
firms offering generators for rent or lease.
SECTION 1.06. Section 418.043, Government Code, is amended
to read as follows:
Sec. 418.043. OTHER POWERS AND DUTIES. The division shall:
(1) determine requirements of the state and its
political subdivisions for food, clothing, and other necessities in
event of a disaster;
(2) procure and position supplies, medicines,
materials, and equipment;
(3) adopt standards and requirements for local and
interjurisdictional emergency management plans;
(4) periodically review local and interjurisdictional
emergency management plans;
(5) coordinate deployment of mobile support units;
(6) establish and operate training programs and
programs of public information or assist political subdivisions and
emergency management agencies to establish and operate the
programs;
(7) make surveys of public and private industries,
resources, and facilities in the state that are necessary to carry
out the purposes of this chapter;
(8) plan and make arrangements for the availability
and use of any private facilities, services, and property and
provide for payment for use under terms and conditions agreed on if
the facilities are used and payment is necessary;
(9) establish a register of persons with types of
training and skills important in disaster mitigation,
preparedness, response, and recovery;
(10) establish a register of mobile and construction
equipment and temporary housing available for use in a disaster;
(11) assist political subdivisions in developing
plans for the humane evacuation, transport, and temporary
sheltering of service animals and household pets in a disaster;
(12) prepare, for issuance by the governor, executive
orders and regulations necessary or appropriate in coping with
disasters;
(13) cooperate with the federal government and any
public or private agency or entity in achieving any purpose of this
chapter and in implementing programs for disaster mitigation,
preparation, response, and recovery; [and]
(14) develop a plan to raise public awareness and
expand the capability of the information and referral network under
Section 531.0312;
(15) improve the integration of volunteer groups,
including faith-based organizations, into emergency management
plans;
(16) cooperate with the Federal Emergency Management
Agency to create uniform guidelines for acceptable home repairs
following disasters and promote public awareness of the guidelines;
(17) cooperate with state agencies to:
(A) encourage the public to participate in
volunteer emergency response teams and organizations that respond
to disasters; and
(B) provide information on those programs in
state disaster preparedness and educational materials and on
Internet websites;
(18) establish a liability awareness program for
volunteers, including medical professionals; and
(19) do other things necessary, incidental, or
appropriate for the implementation of this chapter.
SECTION 1.07. Section 418.045, Government Code, is amended
to read as follows:
Sec. 418.045. TEMPORARY PERSONNEL. (a) The division may
employ or contract with temporary personnel from funds appropriated
to the division, from federal funds, or from the disaster
contingency fund. The merit system does not apply to the temporary
or contract positions.
(b) The division may enroll, organize, train, and equip a
cadre of disaster reservists with specialized skills in disaster
recovery, hazard mitigation, community outreach, and public
information to temporarily augment its permanent staff. The
division may activate enrolled disaster reservists to support
recovery operations in the aftermath of a disaster or major
emergency and pay them at a daily rate commensurate with their
qualifications and experience. Chapter 654, Chapter 2254, and
Subtitle D, Title 10, do not apply in relation to a disaster
reservist under this subsection.
SECTION 1.08. Section 418.048, Government Code, is amended
to read as follows:
Sec. 418.048. MONITORING WEATHER[; SUSPENSION OF WEATHER
MODIFICATION]. [(a)] The division shall keep continuously
apprised of weather conditions that present danger of climatic
activity, such as precipitation, severe enough to constitute a
disaster.
[(b) If the division determines that precipitation that may
result from weather modification operations, either by itself or in
conjunction with other precipitation or climatic conditions or
activity, would create or contribute to the severity of a disaster,
it shall request in the name of the governor that the officer or
agency empowered to issue permits for weather modification
operations suspend the issuance of permits. On the governor's
request, no permits may be issued until the division informs the
officer or agency that the danger has passed.]
SECTION 1.09. Subchapter C, Chapter 418, Government Code,
is amended by adding Section 418.050 to read as follows:
Sec. 418.050. PHASED REENTRY PLAN. (a) The division shall
develop a phased reentry plan to govern the order in which
particular groups of people are allowed to reenter areas previously
evacuated because of a disaster or threat of disaster. The plan may
provide different reentry procedures for different types of
disasters.
(b) The phased reentry plan shall:
(1) recognize the role of local emergency management
directors in making decisions regarding the timing and
implementation of reentry plans for a disaster; and
(2) provide local emergency management directors with
sufficient flexibility to adjust the plan as necessary to
accommodate the circumstances of a particular emergency.
(c) The division, in consultation with representatives of
affected parties and local emergency management directors, shall
develop a reentry credentialing process. The division shall
include the credentialing process in the phased reentry plan. The
Department of Public Safety of the State of Texas shall provide
support for the credentialing process.
SECTION 1.10. Subchapter C, Chapter 418, Government Code,
is amended by adding Section 418.051 to read as follows:
Sec. 418.051. COMMUNICATIONS COORDINATION GROUP. (a) The
communications coordination group shall facilitate interagency
coordination and collaboration to provide efficient and effective
planning and execution of communications support to joint,
interagency, and intergovernmental task forces.
(b) At the direction of the division, the communications
coordination group shall assist with coordination and
collaboration during an emergency.
(c) The communications coordination group consists of
members selected by the division, including representatives of:
(1) the Texas military forces;
(2) the Department of Public Safety of the State of
Texas;
(3) the Federal Emergency Management Agency;
(4) federal agencies that comprise Emergency Support
Function No. 2;
(5) the telecommunications industry, including cable
service providers, as defined by Section 66.002, Utilities Code;
(6) electric utilities, as defined by Section 31.002,
Utilities Code;
(7) gas utilities, as defined by Sections 101.003 and
121.001, Utilities Code;
(8) the National Guard's Joint Continental United
States Communications Support Environment;
(9) the National Guard Bureau;
(10) amateur radio operator groups;
(11) the Texas Forest Service;
(12) the Texas Department of Transportation;
(13) the General Land Office;
(14) the Texas Engineering Extension Service of The
Texas A&M University System;
(15) the Public Utility Commission of Texas;
(16) the Railroad Commission of Texas;
(17) the Department of State Health Services;
(18) the judicial branch of state government;
(19) the Texas Association of Regional Councils;
(20) the United States Air Force Auxiliary Civil Air
Patrol, Texas Wing;
(21) each trauma service area regional advisory
council;
(22) state agencies, counties, and municipalities
affected by the emergency, including 9-1-1 agencies; and
(23) other agencies as determined by the division.
SECTION 1.11. Section 418.1015, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) A person, other than an emergency management director
exercising under Subsection (b) a power granted to the governor,
may not seize state or federal resources without prior
authorization from the division or the state or federal agency
having responsibility for those resources.
SECTION 1.12. Section 418.107(b), Government Code, is
amended to read as follows:
(b) Political subdivisions may make agreements for the
purpose of organizing emergency management service divisions and
provide for a mutual method of financing the organization of units
on a basis satisfactory to the subdivisions. [The functioning of
the units shall be coordinated by the emergency management
council.]
SECTION 1.13. Section 418.108(d), Government Code, is
amended to read as follows:
(d) A declaration of local disaster activates the
appropriate recovery and rehabilitation aspects of all applicable
local or interjurisdictional emergency management plans and
authorizes the furnishing of aid and assistance under the
declaration. The appropriate preparedness and response aspects of
the plans are activated as provided in the plans and take effect
immediately after the local state of disaster is declared.
SECTION 1.14. Section 418.117, Government Code, is amended
to read as follows:
Sec. 418.117. LICENSE PORTABILITY. If the assistance of a
person who holds a license, certificate, permit, or other document
evidencing qualification in a professional, mechanical, or other
skill is requested by a state agency or local government entity
under the system, the person is considered licensed, certified,
permitted, or otherwise documented in the political subdivision in
which the service is provided as long as the service is required,
subject to any limitations imposed by the chief executive officer
or the governing body of the requesting state agency or local
government entity.
SECTION 1.15. Section 418.172(b), Government Code, is
amended to read as follows:
(b) If sufficient funds are not available for the required
insurance, an agency may request funding from [petition] the
disaster contingency fund [emergency funding board] to purchase the
insurance [on the agency's behalf. The board may spend money from
that fund for that purpose].
SECTION 1.16. Subchapter H, Chapter 418, Government Code,
is amended by adding Sections 418.185, 418.186, 418.188, 418.1881,
418.1882, 418.190, and 418.191 to read as follows:
Sec. 418.185. MANDATORY EVACUATION. (a) This section does
not apply to a person who is authorized to be in an evacuated area,
including a person who returns to the area under a phased reentry
plan or credentialing process under Section 418.050.
(b) A county judge or mayor of a municipality who orders the
evacuation of an area stricken or threatened by a disaster by order
may compel persons who remain in the evacuated area to leave and
authorize the use of reasonable force to remove persons from the
area.
(c) The governor and a county judge or mayor of a
municipality who orders the evacuation of an area stricken or
threatened by a disaster by a concurrent order may compel persons
who remain in the evacuated area to leave.
(d) A person is civilly liable to a governmental entity, or
a nonprofit agency cooperating with a governmental entity, that
conducts a rescue on the person's behalf for the cost of the rescue
effort if:
(1) the person knowingly ignored a mandatory
evacuation order under this section and:
(A) engaged in an activity or course of action
that a reasonable person would not have engaged in; or
(B) failed to take a course of action a
reasonable person would have taken;
(2) the person's actions under Subdivision (1) placed
the person or another person in danger; and
(3) a governmental rescue effort was undertaken on the
person's behalf.
(e) An officer or employee of the state or a political
subdivision who issues or is working to carry out a mandatory
evacuation order under this section is immune from civil liability
for any act or omission within the course and scope of the person's
authority under the order.
Sec. 418.186. DISASTER AND EMERGENCY EDUCATION. (a) The
Department of State Health Services shall establish a program
designed to educate the citizens of this state on disaster and
emergency preparedness, response, and recovery. Before
establishing the program, the department must collaborate with
local authorities to prevent state efforts that are duplicative of
local efforts. The program must address:
(1) types of disasters or other emergencies;
(2) the appropriate response to each type of disaster
or emergency, including options for evacuation and shelter;
(3) how to prepare for each type of disaster or
emergency;
(4) the impact of each type of disaster or emergency on
citizens requiring medical assistance or other care;
(5) ways to respond in a disaster or emergency or to
assist the victims of a disaster or emergency; and
(6) resources and supplies for disaster or emergency
recovery.
(b) The executive commissioner of the Health and Human
Services Commission, in cooperation with the governor, shall adopt
rules to create and administer a disaster and emergency education
program established under this section.
Sec. 418.188. POSTDISASTER EVALUATION. Not later than the
90th day after the date a request is received from the division, a
state agency, political subdivision, or interjurisdictional agency
shall conduct an evaluation of the entity's response to a disaster,
identify areas for improvement, and issue a report of the
evaluation to the division.
Sec. 418.1881. SHELTER OPERATIONS. The Department of State
Health Services shall develop, with the direction, oversight, and
approval of the division, an annex to the state emergency
management plan that includes provisions for:
(1) developing medical special needs categories;
(2) categorizing the requirements of individuals with
medical special needs; and
(3) establishing minimum health-related standards for
short-term and long-term shelter operations for shelters operated
with state funds or receiving state assistance.
Sec. 418.1882. PERSONNEL SURGE CAPACITY PLANNING.
(a) With the direction, oversight, and approval of the division
and the assistance of the Department of State Health Services,
health care facilities, county officials, trauma service area
regional advisory councils, and other appropriate entities, each
council of government, regional planning commission, or similar
regional planning agency created under Chapter 391, Local
Government Code, shall develop a regional plan for personnel surge
capacity during disasters, including plans for providing lodging
and meals for disaster relief workers and volunteers.
(b) Entities developing regional plans for personnel surge
capacity with regard to lodging shall consult with representatives
of emergency responders, infrastructure and utility repair
personnel, and other representatives of agencies, entities, or
businesses determined by the division to be essential to the
planning process.
Sec. 418.190. AGRICULTURE EMERGENCY RESPONSE PLAN. (a) In
coordination with the division, the Department of Agriculture and
the Texas Animal Health Commission shall prepare and keep current
an agriculture emergency response plan as an annex to the state
emergency management plan. The plan must include provisions for:
(1) identifying and assessing necessary training,
resource, and support requirements;
(2) providing information on recovery, relief, and
assistance requirements following all types of disasters,
including information on biological and radiological response; and
(3) all other information the Department of
Agriculture and the Texas Animal Health Commission determine to be
relevant to prepare for an all-hazards approach to agricultural
disaster management.
(b) The Department of Agriculture and the Texas Animal
Health Commission shall include the plan developed under Subsection
(a) in an annual report to the legislature and the office of the
governor.
Sec. 418.191. MEDICAL SPECIAL NEEDS VOLUNTEERS. (a) An
entity responsible for the care of individuals with medical special
needs shall develop and distribute information on volunteering in
connection with a disaster.
(b) The division shall provide information to interested
parties and the public regarding how volunteers can be identified
and trained to help all groups of people, including those with
medical special needs and those who are residents of assisted
living facilities.
SECTION 1.17. Subchapter B, Chapter 242, Health and Safety
Code, is amended by adding Section 242.0395 to read as follows:
Sec. 242.0395. REGISTRATION WITH TEXAS INFORMATION AND
REFERRAL NETWORK. (a) An institution licensed under this chapter
shall register with the Texas Information and Referral Network
under Section 531.0312, Government Code, to assist the state in
identifying persons needing assistance if an area is evacuated
because of a disaster or other emergency.
(b) The institution is not required to identify individual
residents who may require assistance in an evacuation or to
register individual residents with the Texas Information and
Referral Network for evacuation assistance.
(c) The institution shall notify each resident and the
resident's next of kin or guardian regarding how to register for
evacuation assistance with the Texas Information and Referral
Network.
SECTION 1.18. Subchapter B, Chapter 247, Health and Safety
Code, is amended by adding Section 247.0275 to read as follows:
Sec. 247.0275. REGISTRATION WITH TEXAS INFORMATION AND
REFERRAL NETWORK. (a) An assisted living facility licensed under
this chapter shall register with the Texas Information and Referral
Network under Section 531.0312, Government Code, to assist the
state in identifying persons needing assistance if an area is
evacuated because of a disaster or other emergency.
(b) The assisted living facility is not required to identify
individual residents who may require assistance in an evacuation or
to register individual residents with the Texas Information and
Referral Network for evacuation assistance.
(c) The assisted living facility shall notify each resident
and the resident's next of kin or guardian regarding how to register
for evacuation assistance with the Texas Information and Referral
Network.
SECTION 1.19. Subchapter B, Chapter 207, Labor Code, is
amended by adding Section 207.0212 to read as follows:
Sec. 207.0212. ELIGIBILITY OF CERTAIN PERSONS UNEMPLOYED
BECAUSE OF DISASTER. (a) In this section, "disaster unemployment
assistance benefits" means benefits authorized under Section 410,
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Section 5177), and rules adopted under that section.
(b) Notwithstanding Section 207.021, the governor, by
executive order, may suspend the waiting period requirement imposed
under Section 207.021(a)(7) to authorize an individual to receive
benefits for that waiting period if the individual:
(1) is unemployed as a direct result of a natural
disaster that results in a disaster declaration by the president of
the United States under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. Section 5121 et seq.);
(2) is otherwise eligible for unemployment
compensation benefits under this subtitle; and
(3) is not receiving disaster unemployment assistance
benefits for the period included in that waiting period.
SECTION 1.20. Sections 541.201(1) and (13-a),
Transportation Code, are amended to read as follows:
(1) "Authorized emergency vehicle" means:
(A) a fire department or police vehicle;
(B) a public or private ambulance operated by a
person who has been issued a license by the Texas Department of
Health;
(C) a municipal department or public service
corporation emergency vehicle that has been designated or
authorized by the governing body of a municipality;
(D) a private vehicle of a volunteer firefighter
or a certified emergency medical services employee or volunteer
when responding to a fire alarm or medical emergency;
(E) an industrial emergency response vehicle,
including an industrial ambulance, when responding to an emergency,
but only if the vehicle is operated in compliance with criteria in
effect September 1, 1989, and established by the predecessor of the
Texas Industrial Emergency Services Board of the State Firemen's
and Fire Marshals' Association of Texas; [or]
(F) a vehicle of a blood bank or tissue bank,
accredited or approved under the laws of this state or the United
States, when making emergency deliveries of blood, drugs,
medicines, or organs; or
(G) a vehicle used for law enforcement purposes
that is owned or leased by a federal governmental entity.
(13-a) "Police vehicle" means a vehicle [of a
governmental entity primarily] used by a peace officer, as defined
by Article 2.12, Code of Criminal Procedure, for law enforcement
purposes that:
(A) is owned or leased by a governmental entity;
(B) is owned or leased by the police department
of a private institution of higher education that commissions peace
officers under Section 51.212, Education Code; or
(C) is:
(i) a private vehicle owned or leased by the
peace officer; and
(ii) approved for use for law enforcement
purposes by the head of the law enforcement agency that employs the
peace officer, or by that person's designee, provided that use of
the private vehicle must, if applicable, comply with any rule
adopted by the commissioners court of a county under Section
170.001, Local Government Code, and that the private vehicle may
not be considered an authorized emergency vehicle for exemption
purposes under Section 228.054, 284.070, 366.178, or 370.177,
Transportation Code, unless the vehicle is marked.
SECTION 1.21. Section 545.421(b), Transportation Code, is
amended to read as follows:
(b) A signal under this section that is given by a police
officer pursuing a vehicle may be by hand, voice, emergency light,
or siren. The officer giving the signal must be in uniform and
prominently display the officer's badge of office. The officer's
vehicle must bear the insignia of a law enforcement agency,
regardless of whether the vehicle displays an emergency light [be
appropriately marked as an official police vehicle].
SECTION 1.22. Section 418.072, Government Code, is
repealed.
SECTION 1.23. On the effective date of this Act, the
disaster emergency funding board is abolished.
SECTION 1.24. The changes in law made by this Act by the
amendment of Section 418.005, Government Code, apply only to a law
enforcement officer or county judge elected or public officer
appointed on or after the effective date of this Act. A law
enforcement officer or county judge elected or public officer
appointed before the effective date of this Act is governed by the
law in effect immediately before that date, and the former law is
continued in effect for that purpose.
SECTION 1.25. The change in law made by Section 207.0212,
Labor Code, as added by this Act, applies only to a claim for
unemployment compensation benefits that is filed with the Texas
Workforce Commission on or after the effective date of this Act. A
claim filed before that date is governed by the law in effect on the
date the claim was filed, and the former law is continued in effect
for that purpose.
SECTION 1.26. (a) Not later than the 30th day after the
effective date of this section, the division of emergency
management shall issue a report to the legislature regarding the
implementation of medical special needs plans in connection with
Hurricane Ike, including identification, evacuation,
transportation, shelter, care, and reentry during the period ending
on the 30th day after the conclusion of the disaster. The
Department of State Health Services shall cooperate in the
preparation of the report.
(b) Subsection (a) of this section takes effect immediately
if this Act receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, Subsection (a) of this section takes effect
September 1, 2009.
ARTICLE 2. EMERGENCY ELECTRICAL POWER
SECTION 2.01. Subtitle G, Title 10, Government Code, is
amended by adding Chapter 2311 to read as follows:
CHAPTER 2311. ENERGY SECURITY TECHNOLOGIES FOR CRITICAL
GOVERNMENTAL FACILITIES
Sec. 2311.001. DEFINITIONS. In this chapter:
(1) "Combined heating and power system" means a system
that:
(A) is located on the site of a facility;
(B) is the primary source of both electricity and
thermal energy for the facility;
(C) can provide all of the electricity needed to
power the facility's critical emergency operations for at least 14
days; and
(D) has an overall efficiency of energy use that
exceeds 60 percent.
(2) "Critical governmental facility" means a building
owned by the state or a political subdivision of the state that is
expected to:
(A) be continuously occupied;
(B) maintain operations for at least 6,000 hours
each year;
(C) have a peak electricity demand exceeding 500
kilowatts; and
(D) serve a critical public health or public
safety function during a natural disaster or other emergency
situation that may result in a widespread power outage, including
a:
(i) command and control center;
(ii) shelter;
(iii) prison or jail;
(iv) police or fire station;
(v) communications or data center;
(vi) water or wastewater facility;
(vii) hazardous waste storage facility;
(viii) biological research facility;
(ix) hospital; or
(x) food preparation or food storage
facility.
Sec. 2311.002. COMBINED HEATING AND POWER SYSTEMS. When
constructing or extensively renovating a critical governmental
facility or replacing major heating, ventilation, and
air-conditioning equipment for a critical governmental facility,
the entity with charge and control of the facility shall evaluate
whether equipping the facility with a combined heating and power
system would result in expected energy savings that would exceed
the expected costs of purchasing, operating, and maintaining the
system over a 20-year period. Notwithstanding Chapter 2302, the
entity may equip the facility with a combined heating and power
system if the expected energy savings exceed the expected costs.
SECTION 2.02. Subchapter D, Chapter 38, Utilities Code, is
amended by adding Section 38.073 to read as follows:
Sec. 38.073. AUTHORITY OF COMMISSION DURING AN EMERGENCY.
(a) On a declaration of a natural disaster or other emergency by
the governor, the commission may require an electric utility,
municipally owned utility, electric cooperative, qualifying
facility, power generation company, exempt wholesale generator, or
power marketer to sell electricity to an electric utility,
municipally owned utility, or electric cooperative that is unable
to supply power to meet customer demand due to the natural disaster
or other emergency. Any plant, property, equipment, or other items
used to receive or deliver electricity under this subsection are
used and useful in delivering service to the public, and the
commission shall allow timely recovery for the costs of those
items. The commission may order an electric utility, municipally
owned utility, or electric cooperative to provide interconnection
service to another electric utility, municipally owned utility, or
electric cooperative to facilitate a sale of electricity under this
section. If the commission does not order the sale of electricity
during a declared emergency as described by this subsection, the
commission shall promptly submit to the legislature a report
describing the reasons why the commission did not make that order.
(b) If an entity receives electricity under Subsection (a),
the receiving entity shall reimburse the supplying entity for the
actual cost of providing the electricity. The entity receiving the
electricity is responsible for any transmission and distribution
service charges specifically incurred in relation to providing the
electricity.
(c) An entity that pays for electricity received under
Subsection (b) and that is regulated by the commission may fully
recover the cost of the electricity in a timely manner by:
(1) including the cost in the entity's fuel cost under
Section 36.203; or
(2) notwithstanding Section 36.201, imposing a
different surcharge.
SECTION 2.03. Chapter 38, Utilities Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. INFRASTRUCTURE IMPROVEMENT AND MAINTENANCE REPORT
Sec. 38.101. REPORT ON INFRASTRUCTURE IMPROVEMENT AND
MAINTENANCE. (a) Not later than May 1 of each year, each electric
utility shall submit to the commission a report describing the
utility's activities related to:
(1) identifying areas that are susceptible to damage
during severe weather and hardening transmission and distribution
facilities in those areas;
(2) vegetation management; and
(3) inspecting distribution poles.
(b) Each electric utility shall include in a report required
under Subsection (a) a summary of the utility's activities related
to preparing for emergency operations.
SECTION 2.04. (a) Not later than June 1, 2010, the Public
Utility Commission of Texas shall conduct and complete a study to
evaluate:
(1) the locations in this state that are most likely to
experience a natural disaster or other emergency;
(2) the ability of each entity described by Subsection
(a), Section 38.073, Utilities Code, as added by this Act, to comply
with that section in the event of a natural disaster or other
emergency;
(3) any steps an entity described by Subsection (a),
Section 38.073, Utilities Code, as added by this Act, should take to
prepare to comply with that section; and
(4) the potential for distributed generation,
including renewable power with battery backup and combined heat and
power systems, to strengthen reliability of electric service during
a natural disaster or other emergency.
(b) An entity described by Subsection (a), Section 38.073,
Utilities Code, as added by this Act, shall comply with any order
issued by the Public Utility Commission of Texas under that
subsection while the study required by Subsection (a) of this
section is conducted.
(c) The Public Utility Commission of Texas shall prepare a
report based on the study conducted under Subsection (a) of this
section. The report must include any recommendations the
commission considers advisable in relation to the implementation of
and compliance with Section 38.073, Utilities Code, as added by
this Act. The commission may include the report in the report
required by Section 31.003, Utilities Code.
SECTION 2.05. The Public Utility Commission of Texas shall
adopt rules consistent with Subchapter E, Chapter 38, Utilities
Code, as added by this Act, not later than January 1, 2010.
ARTICLE 3. HEALTH AND SAFETY PROVISIONS
SECTION 3.01. Subtitle F, Title 2, Health and Safety Code,
is amended by adding Chapter 123 to read as follows:
CHAPTER 123. PUBLIC HEALTH EXTENSION SERVICE PILOT PROGRAM
Sec. 123.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of State Health
Services; and
(2) "Program" means the public health extension
service pilot program established under this chapter.
Sec. 123.002. PROGRAM ESTABLISHED; PURPOSES. (a) The
department shall establish a public health extension service pilot
program in Health Service Region 11, a region of the state that may
be particularly vulnerable to biosecurity threats, disaster, and
other emergencies.
(b) The purpose of the program is to support local public
health and medical infrastructure, promote disease control and
medical preparedness, and enhance biosecurity, including detection
of dangerous biologic agents, availability of pathology services,
and management of hazardous materials.
Sec. 123.003. RULES. The executive commissioner of the
Health and Human Services Commission may adopt rules for the
implementation and administration of the program.
Sec. 123.004. PROGRAM ADMINISTRATION. The department may
contract with The Texas A&M University System or The University of
Texas System or both to implement or administer the program.
Sec. 123.005. PROGRAM OBJECTIVES. Through the program, the
department may implement projects and systems to accomplish the
purposes of the program described by Section 123.002, and may:
(1) provide support for regional disaster medical
assistance teams and tactical medical operations incident
management teams;
(2) establish a disaster training and exercise
program;
(3) establish and equip caches of necessary medical
supplies and equipment for use in disasters and other emergencies;
(4) establish a regionally based system of emergency
medical logistics management to support state and federal emergency
management authorities, including local patient triage sites and
local emergency medical operations; and
(5) establish a regionally based system to provide
technical assistance for disaster mitigation and recovery.
Sec. 123.006. REPORT. Not later than December 1, 2010, the
department shall report to the governor, lieutenant governor, and
speaker of the house of representatives on the program, including
recommendations for continuing and expanding the program to other
regions of the state.
Sec. 123.007. EXPIRATION. This chapter expires and the
program is abolished September 2, 2011.
SECTION 3.02. Section 251.012, Health and Safety Code, is
amended to read as follows:
Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The
following facilities are not required to be licensed under this
chapter:
(1) a home and community support services agency
licensed under Chapter 142 with a home dialysis designation;
(2) a hospital licensed under Chapter 241 that
provides dialysis only to:
(A) individuals receiving inpatient services
from the hospital; or
(B) individuals receiving outpatient services
due to a disaster declared by the governor or a federal disaster
declared by the president of the United States occurring in this
state or another state during the term of the disaster declaration;
or
(3) the office of a physician unless the office is used
primarily as an end stage renal disease facility.
SECTION 3.03. Subtitle B, Title 8, Health and Safety Code,
is amended by adding Chapter 695 to read as follows:
CHAPTER 695. IN-CASKET IDENTIFICATION
Sec. 695.001. DEFINITIONS. In this chapter:
(1) "Casket" means a container used to hold the
remains of a deceased person.
(2) "Commission" means the Texas Funeral Service
Commission.
Sec. 695.002. IDENTIFICATION OF DECEASED PERSON. The
commission shall ensure a casket contains identification of the
deceased person, including the person's name, date of birth, and
date of death.
Sec. 695.003. RULES. The commission may adopt rules to
enforce this chapter.
SECTION 3.03a. Subchapter D, Chapter 771, Health and Safety
Code, is amended by adding Section 771.0712 to read as follows:
Sec. 771.0712. PREPAID 9-1-1 EMERGENCY SERVICE FEE. (a) To
ensure that all 9-1-1 agencies under Section 418.051, Government
Code, are adequately funded, beginning on June 1, 2010, a prepaid
wireless 9-1-1 emergency services fee of two percent of the
purchase price of each prepaid wireless telecommunications service
purchased by any method, shall be collected by the seller from the
consumer at the time of each retail transaction of prepaid wireless
telecommunications service occurring in this state and remitted to
the comptroller consistent with Chapter 151, Tax Code, and
distributed consistent with the procedures in place for the
emergency services fee in Section 771.0711, Health and Safety Code.
A seller may deduct and retain two percent of prepaid wireless 9-1-1
emergency services fees that it collects under this section to
offset its costs in administering this fee.
(b) The comptroller shall adopt rules to implement this
section by June 1, 2010.
SECTION 3.04. The change in law made by this Act by the
amendment of Section 251.012, Health and Safety Code, applies only
to dialysis services provided on or after the effective date of this
Act. Dialysis services provided before the effective date of this
Act are covered by the law in effect immediately before that date,
and the former law is continued in effect for that purpose.
ARTICLE 4. PROVISIONS RELATED TO CERTAIN PUBLIC EMPLOYEES
SECTION 4.01. Subchapter B, Chapter 659, Government Code,
is amended by adding Section 659.025 to read as follows:
Sec. 659.025. USE OF COMPENSATORY TIME BY CERTAIN EMERGENCY
SERVICES PERSONNEL; OPTIONAL OVERTIME PAYMENT. (a) In this
section, "emergency services personnel" includes firefighters,
police officers and other peace officers, emergency medical
technicians, emergency management personnel, and other individuals
who are required, in the course and scope of their employment, to
provide services for the benefit of the general public during
emergency situations.
(b) This section applies only to a state employee who is
emergency services personnel, who is not subject to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and who is not an employee of the
legislature, including an employee of the lieutenant governor or of
a legislative agency.
(c) Notwithstanding Section 659.016 or any other law, an
employee to whom this section applies may be allowed to take
compensatory time off during the 18-month period following the end
of the workweek in which the compensatory time was accrued.
(d) Notwithstanding Section 659.016 or any other law, the
administrative head of a state agency that employs an employee to
whom this section applies may pay the employee overtime at the
employee's regular hourly salary rate for all or part of the hours
of compensatory time off accrued by the employee during a declared
disaster in the preceding 18-month period. The administrative head
shall reduce the employee's compensatory time balance by one hour
for each hour the employee is paid overtime under this section.
SECTION 4.02. Subchapter H, Chapter 660, Government Code,
is amended by adding Section 660.209 to read as follows:
Sec. 660.209. STATE EMERGENCY SERVICES PERSONNEL. (a) In
this section, "emergency services personnel" includes
firefighters, police officers and other peace officers, emergency
medical technicians, emergency management personnel, and other
individuals who are required, in the course and scope of their
employment, to provide services for the benefit of the general
public during emergency situations.
(b) Notwithstanding any other provision of this chapter or
the General Appropriations Act, a state employee who is emergency
services personnel and who is deployed to a temporary duty station
to conduct emergency or disaster response activities is entitled to
reimbursement for the actual expense of lodging when there is no
room available at the state rate within reasonable proximity to the
employee's temporary duty station.
SECTION 4.03. Section 161.0001(1-a), Health and Safety
Code, is amended to read as follows:
(1-a) "First responder" means:
(A) any federal, state, local, or private
personnel who may respond to a disaster, including:
(i) public health and public safety
personnel;
(ii) commissioned law enforcement
personnel;
(iii) fire protection personnel, including
volunteer firefighters;
(iv) emergency medical services personnel,
including hospital emergency facility staff;
(v) a member of the National Guard;
(vi) a member of the Texas State Guard; or
(vii) any other worker who responds to a
disaster in the worker's scope of employment; or
(B) any related personnel that provide support
services during the prevention, response, and recovery phases of a
disaster [has the meaning assigned by Section 421.095, Government
Code].
ARTICLE 5. JUDICIAL PREPAREDNESS
SECTION 5.01. Subchapter A, Chapter 22, Government Code, is
amended by adding Section 22.0035 to read as follows:
Sec. 22.0035. MODIFICATION OR SUSPENSION OF CERTAIN
PROVISIONS RELATING TO COURT PROCEEDINGS AFFECTED BY DISASTER. (a)
In this section, "disaster" has the meaning assigned by Section
418.004.
(b) Notwithstanding any other statute, the supreme court
may modify or suspend procedures for the conduct of any court
proceeding affected by a disaster during the pendency of a disaster
declared by the governor. An order under this section may not
extend for more than 30 days from the date the order was signed
unless renewed by the supreme court.
(c) If a disaster prevents the supreme court from acting
under Subsection (b), the chief justice of the supreme court may act
on behalf of the supreme court under that subsection.
(d) If a disaster prevents the chief justice from acting
under Subsection (c), the court of criminal appeals may act on
behalf of the supreme court under Subsection (b).
(e) If a disaster prevents the court of criminal appeals
from acting under Subsection (d), the presiding judge of the court
of criminal appeals may act on behalf of the supreme court under
Subsection (b).
SECTION 5.02. Section 74.093(c), Government Code, is
amended to read as follows:
(c) The rules may provide for:
(1) the selection and authority of a presiding judge
of the courts giving preference to a specified class of cases, such
as civil, criminal, juvenile, or family law cases; [and]
(2) a coordinated response for the transaction of
essential judicial functions in the event of a disaster; and
(3) any other matter necessary to carry out this
chapter or to improve the administration and management of the
court system and its auxiliary services.
SECTION 5.03. Section 418.002, Government Code, is amended
to read as follows:
Sec. 418.002. PURPOSES. The purposes of this chapter are
to:
(1) reduce vulnerability of people and communities of
this state to damage, injury, and loss of life and property
resulting from natural or man-made catastrophes, riots, or hostile
military or paramilitary action;
(2) prepare for prompt and efficient rescue, care, and
treatment of persons victimized or threatened by disaster;
(3) provide a setting conducive to the rapid and
orderly restoration and rehabilitation of persons and property
affected by disasters;
(4) clarify and strengthen the roles of the governor,
state agencies, the judicial branch of state government, and local
governments in prevention of, preparation for, response to, and
recovery from disasters;
(5) authorize and provide for cooperation in disaster
mitigation, preparedness, response, and recovery;
(6) authorize and provide for coordination of
activities relating to disaster mitigation, preparedness,
response, and recovery by agencies and officers of this state, and
similar state-local, interstate, federal-state, and foreign
activities in which the state and its political subdivisions may
participate;
(7) provide an emergency management system embodying
all aspects of predisaster preparedness and postdisaster response;
(8) assist in mitigation of disasters caused or
aggravated by inadequate planning for and regulation of public and
private facilities and land use; and
(9) provide the authority and mechanism to respond to
an energy emergency.
SECTION 5.04. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2009.
ARTICLE 6. EDUCATION PROVISIONS
SECTION 6.01. The heading to Section 37.108, Education
Code, is amended to read as follows:
Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY
AND SECURITY AUDIT.
SECTION 6.02. Section 37.108, Education Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsections (c-1)
and (c-2) to read as follows:
(a) Each school district or public junior college district
shall adopt and implement a multihazard emergency operations plan
for use in the district's facilities [district schools]. The plan
must address mitigation, preparedness, response, and recovery as
defined by the commissioner of education or commissioner of higher
education in conjunction with the governor's office of homeland
security. The plan must provide for:
(1) district employee training in responding to an
emergency;
(2) if the plan applies to a school district,
mandatory school drills and exercises to prepare district students
and employees for responding to an emergency;
(3) measures to ensure coordination with the
Department of State Health Services and local emergency management
agencies, law enforcement, health departments, and fire
departments in the event of an emergency; and
(4) the implementation of a safety and security audit
as required by Subsection (b).
(b) At least once every three years, each [a] school
district or public junior college district shall conduct a safety
and security audit of the district's facilities. To the extent
possible, a district shall follow safety and security audit
procedures developed by the Texas School Safety Center or a
comparable public or private entity.
(c) A school district or public junior college district
shall report the results of the safety and security audit conducted
under Subsection (b) to the district's board of trustees and, in the
manner required by the Texas School Safety Center, to the Texas
School Safety Center.
(c-1) Except as provided by Subsection (c-2), any document
or information collected, developed, or produced during a safety
and security audit conducted under Subsection (b) is not subject to
disclosure under Chapter 552, Government Code.
(c-2) A document relating to a school district's or public
junior college district's multihazard emergency operations plan is
subject to disclosure if the document enables a person to:
(1) verify that the district has established a plan
and determine the agencies involved in the development of the plan
and the agencies coordinating with the district to respond to an
emergency, including the Department of State Health Services, local
emergency services agencies, law enforcement agencies, health
departments, and fire departments;
(2) verify that the district's plan was reviewed
within the last 12 months and determine the specific review dates;
(3) verify that the plan addresses the four phases of
emergency management under Subsection (a);
(4) verify that district employees have been trained
to respond to an emergency and determine the types of training, the
number of employees trained, and the person conducting the
training;
(5) verify that each campus in the district has
conducted mandatory emergency drills and exercises in accordance
with the plan and determine the frequency of the drills;
(6) if the district is a school district, verify that
the district has established a plan for responding to a train
derailment if required under Subsection (d);
(7) verify that the district has completed a safety
and security audit under Subsection (b) and determine the date the
audit was conducted, the person conducting the audit, and the date
the district presented the results of the audit to the district's
board of trustees;
(8) verify that the district has addressed any
recommendations by the district's board of trustees for improvement
of the plan and determine the district's progress within the last 12
months; and
(9) if the district is a school district, verify that
the district has established a visitor policy and identify the
provisions governing access to a district building or other
district property.
SECTION 6.03. Subchapter D, Chapter 37, Education Code, is
amended by adding Section 37.109 to read as follows:
Sec. 37.109. SCHOOL SAFETY AND SECURITY COMMITTEE. (a) In
accordance with guidelines established by the Texas School Safety
Center, each school district shall establish a school safety and
security committee.
(b) The committee shall:
(1) participate on behalf of the district in
developing and implementing emergency plans consistent with the
district multihazard emergency operations plan required by Section
37.108(a) to ensure that the plans reflect specific campus,
facility, or support services needs;
(2) provide the district with any campus, facility, or
support services information required in connection with a safety
and security audit required by Section 37.108(b), a safety and
security audit report required by Section 37.108(c), or another
report required to be submitted by the district to the Texas School
Safety Center; and
(3) review each report required to be submitted by the
district to the Texas School Safety Center to ensure that the report
contains accurate and complete information regarding each campus,
facility, or support service in accordance with criteria
established by the center.
SECTION 6.04. Section 37.202, Education Code, is amended to
read as follows:
Sec. 37.202. PURPOSE. The purpose of the center is to serve
as:
(1) a central location for school safety and security
information, including research, training, and technical
assistance related to successful school safety and security
programs; [and]
(2) a central registry of persons providing school
safety and security consulting services in the state; and
(3) a resource for the prevention of youth violence
and the promotion of safety in the state.
SECTION 6.05. Section 37.203(a), Education Code, as amended
by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
(a) The center is advised by a board of directors composed
of:
(1) the attorney general, or the attorney general's
designee;
(2) the commissioner, or the commissioner's designee;
(3) the executive director of the Texas Juvenile
Probation Commission, or the executive director's designee;
(4) the executive commissioner of the Texas Youth
Commission, or the executive commissioner's designee;
(5) the commissioner of the Department of State Health
Services, or the commissioner's designee;
(6) the commissioner of higher education, or the
commissioner's designee; and
(7) the following members appointed by the governor
with the advice and consent of the senate:
(A) a juvenile court judge;
(B) a member of a school district's board of
trustees;
(C) an administrator of a public primary school;
(D) an administrator of a public secondary
school;
(E) a member of the state parent-teacher
association;
(F) a teacher from a public primary or secondary
school;
(G) a public school superintendent who is a
member of the Texas Association of School Administrators;
(H) a school district police officer or a peace
officer whose primary duty consists of working in a public school;
and
(I) two members of the public.
SECTION 6.06. Section 37.203(b), Education Code, is amended
to read as follows:
(b) Members of the board appointed under Subsection (a)(7)
[(a)(6)] serve staggered two-year terms, with the terms of the
members described by Subsections (a)(7)(A)-(E) [(a)(6)(A)-(E)]
expiring on February 1 of each odd-numbered year and the terms of
the members described by Subsections (a)(7)(F)-(I) [(a)(6)(F)-(I)]
expiring on February 1 of each even-numbered year. A member may
serve more than one term.
SECTION 6.07. Section 37.207(a), Education Code, is amended
to read as follows:
(a) The center shall develop a model safety and security
audit procedure for use by school districts and public junior
college districts that includes:
(1) providing each district with guidelines [and a
training video] showing proper audit procedures;
(2) reviewing elements of each district audit[,
providing the results of the review to the district,] and making
recommendations for improvements in the state based on that review
[the audit]; and
(3) incorporating the findings of district audits in a
statewide report on school safety and security made available by
the center to the public.
SECTION 6.08. Section 37.209, Education Code, is amended to
read as follows:
Sec. 37.209. CENTER WEBSITE. The center shall develop and
maintain an interactive Internet website that includes:
(1) quarterly news updates related to school safety
and security and violence prevention;
(2) school crime data;
(3) a schedule of training and special events; and
(4) a list of persons who [approved by the board to]
provide school safety or security consulting services in this state
and are registered in accordance with Section 37.2091
[presentations].
SECTION 6.09. Subchapter G, Chapter 37, Education Code, is
amended by adding Sections 37.2091 and 37.2121 to read as follows:
Sec. 37.2091. REGISTRY OF PERSONS PROVIDING SCHOOL SAFETY
OR SECURITY CONSULTING SERVICES. (a) In this section, "school
safety or security consulting services" includes any service
provided to a school district, institution of higher education,
district facility, or campus by a person consisting of advice,
information, recommendations, data collection, or safety and
security audit services relevant to school safety and security,
regardless of whether the person is paid for those services.
(b) The center shall establish a registry of persons
providing school safety or security consulting services in this
state.
(c) Each person providing school safety or security
consulting services in this state shall register with the center in
accordance with requirements established by the center. The
requirements must include provisions requiring a person
registering with the center to provide information regarding:
(1) the person's background, education, and experience
that are relevant to the person's ability to provide knowledgeable
and effective school safety or security consulting services; and
(2) any complaints or pending litigation relating to
the person's provision of school safety or security consulting
services.
(d) The registry is intended to serve only as an
informational resource for school districts and institutions of
higher education. The inclusion of a person in the registry is not
an indication of the person's qualifications or ability to provide
school safety or security consulting services or that the center
endorses the person's school safety or security consulting
services.
(e) The center shall include information regarding the
registry, including the number of persons registered and the
general degree of school safety or security experience possessed by
those persons, in the biennial report required by Section 37.216.
Sec. 37.2121. MEMORANDA OF UNDERSTANDING AND MUTUAL AID
AGREEMENTS. (a) The center shall identify and inform school
districts of the types of entities, including local and regional
authorities, other school districts, and emergency first
responders, with whom school districts should customarily make
efforts to enter into memoranda of understanding or mutual aid
agreements addressing issues that affect school safety and
security.
(b) The center shall develop guidelines regarding memoranda
of understanding and mutual aid agreements between school districts
and the entities identified in accordance with Subsection (a). The
guidelines:
(1) must include descriptions of the provisions that
should customarily be included in each memorandum or agreement with
a particular type of entity;
(2) may include sample language for those provisions;
and
(3) must be consistent with the Texas Statewide Mutual
Aid System established under Subchapter E-1, Chapter 418,
Government Code.
(c) The center shall encourage school districts to enter
into memoranda of understanding and mutual aid agreements with
entities identified in accordance with Subsection (a) that comply
with the guidelines developed under Subsection (b).
(d) Each school district that enters into a memorandum of
understanding or mutual aid agreement addressing issues that affect
school safety and security shall, at the center's request, provide
the following information to the center:
(1) the name of each entity with which the school
district has entered into a memorandum of understanding or mutual
aid agreement;
(2) the effective date of each memorandum or
agreement; and
(3) a summary of each memorandum or agreement.
(e) The center shall include information regarding the
center's efforts under this section in the report required by
Section 37.216.
SECTION 6.10. Section 37.213, Education Code, is amended to
read as follows:
Sec. 37.213. PUBLIC JUNIOR COLLEGES [INSTITUTIONS OF HIGHER
EDUCATION]. (a) In this section, "public junior college"
["institution of higher education"] has the meaning assigned by
Section 61.003.
(b) The center shall research best practices regarding
emergency preparedness of public junior colleges and serve as a
clearinghouse for that information.
(c) The center shall provide public junior colleges with
training, technical assistance, and published guidelines or
templates, as appropriate, in the following areas:
(1) multihazard emergency operations plan
development;
(2) drill and exercise development and
implementation;
(3) mutual aid agreements;
(4) identification of equipment and funds that may be
used by public junior colleges in an emergency; and
(5) reporting in accordance with 20 U.S.C. Section
1092(f) [An institution of higher education may use any appropriate
model plan developed by the center under Section 37.205(4).
[(c) The center may provide an institution of higher
education with on-site technical assistance and safety training.
[(d) The center may charge a fee to an institution of higher
education for assistance and training provided under Subsection
(c)].
SECTION 6.11. Section 37.216, Education Code, is amended to
read as follows:
Sec. 37.216. BIENNIAL [ANNUAL] REPORT. (a) Not later than
January [September] 1 of each odd-numbered year, the board shall
provide a report to the governor, the legislature, the State Board
of Education, and the agency.
(b) The biennial [annual] report must include any findings
made by the center regarding school safety and security and the
center's functions, budget information, and strategic planning
initiatives of the center.
SECTION 6.12. Subchapter G, Chapter 37, Education Code, is
amended by adding Section 37.2161 to read as follows:
Sec. 37.2161. SCHOOL SAFETY AND SECURITY PROGRESS REPORT.
(a) The center shall periodically provide a school safety and
security progress report to the governor, the legislature, the
State Board of Education, and the agency that contains current
information regarding school safety and security in the school
districts and public junior college districts of this state based
on:
(1) elements of each district's multihazard emergency
operations plan required by Section 37.108(a);
(2) elements of each district's safety and security
audit required by Section 37.108(b); and
(3) any other report required to be submitted to the
center.
(b) The center shall establish guidelines regarding the
specific information to be included in the report required by this
section.
(c) The center may provide the report required by this
section in conjunction with the report required by Section 37.216.
SECTION 6.13. Subchapter E, Chapter 51, Education Code, is
amended by adding Section 51.217 to read as follows:
Sec. 51.217. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY
AND SECURITY AUDIT. (a) In this section, "institution" means a
general academic teaching institution, a medical and dental unit,
or other agency of higher education, as those terms are defined by
Section 61.003.
(b) An institution shall adopt and implement a multihazard
emergency operations plan for use at the institution. The plan must
address mitigation, preparedness, response, and recovery. The plan
must provide for:
(1) employee training in responding to an emergency;
(2) mandatory drills to prepare students, faculty, and
employees for responding to an emergency;
(3) measures to ensure coordination with the
Department of State Health Services, local emergency management
agencies, law enforcement, health departments, and fire
departments in the event of an emergency; and
(4) the implementation of a safety and security audit
as required by Subsection (c).
(c) At least once every three years, an institution shall
conduct a safety and security audit of the institution's
facilities. To the extent possible, an institution shall follow
safety and security audit procedures developed in consultation with
the division of emergency management of the office of the governor.
(d) An institution shall report the results of the safety
and security audit conducted under Subsection (c) to the
institution's board of regents and the division of emergency
management of the office of the governor.
(e) Except as provided by Subsection (f), any document or
information collected, developed, or produced during a safety and
security audit conducted under Subsection (c) is not subject to
disclosure under Chapter 552, Government Code.
(f) A document relating to an institution's multihazard
emergency operations plan is subject to disclosure if the document
enables a person to:
(1) verify that the institution has established a plan
and determine the agencies involved in the development of the plan
and the agencies coordinating with the institution to respond to an
emergency, including the Department of State Health Services, local
emergency services agencies, law enforcement agencies, health
departments, and fire departments;
(2) verify that the institution's plan was reviewed
within the last 12 months and determine the specific review dates;
(3) verify that the plan addresses the four phases of
emergency management under Subsection (b);
(4) verify that institution employees have been
trained to respond to an emergency and determine the types of
training, the number of employees trained, and the person
conducting the training;
(5) verify that each campus has conducted mandatory
emergency drills and exercises in accordance with the plan and
determine the frequency of the drills;
(6) verify that the institution has completed a safety
and security audit under Subsection (c) and determine the date the
audit was conducted, the person conducting the audit, and the date
the institution presented the results of the audit to the board of
regents; and
(7) verify that the institution has addressed any
recommendations by the board of regents for improvement of the plan
and determine the institution's progress within the last 12 months.
SECTION 6.13a. Chapter 111, Education Code, is amended by
adding Subchapter I to read as follows:
SUBCHAPTER I. UNIVERSITY OF HOUSTON HURRICANE CENTER FOR
INNOVATIVE TECHNOLOGY
Sec. 111.121. DEFINITIONS. In this subchapter:
(1) "Board" means the board of regents of the
University of Houston System.
(2) "Center" means the University of Houston Hurricane
Center for Innovative Technology (UHC-IT) established under this
subchapter.
Sec. 111.122. ESTABLISHMENT. (a) The University of
Houston Hurricane Center for Innovative Technology is established
at the University of Houston.
(b) The organization, control, and management of the center
are vested in the board.
(c) The center shall be hosted by the university's College
of Engineering. Participation in the center's activities shall be
open to any faculty member of the university who is an active
researcher in the field of materials, nanotechnology, structural
engineering, designing of structures, or sensor technology, or in
another relevant field as determined by the university.
Sec. 111.123. PURPOSE. The center is created to:
(1) promote interdisciplinary research, education,
and training for the development of state-of-the-art products,
materials, systems, and technologies designed to mitigate the wind,
and asserted structural damages in the built environment and
offshore structures caused by hurricanes in the Gulf Coast region;
and
(2) develop protocols for the fast and efficient
recovery of the public and private sectors, including utilities,
hospitals, petrochemical industries, offshore platforms, and
municipalities and other local communities following a hurricane.
Sec. 111.124. POWERS AND DUTIES. The center shall:
(1) collaborate with appropriate federal, state, and
local agencies and private business or nonprofit entities as
necessary to coordinate efforts after a hurricane in the Gulf Coast
region;
(2) develop smart materials and devices for use in
hurricane protection and mitigation systems for structural
monitoring;
(3) develop anchor systems for window and door
screens, dwellings and other buildings, pipelines, and other
onshore and offshore structures to withstand hurricane wind damage;
(4) develop test facilities for evaluating the
performance of new products, materials, or techniques designed to
protect against hurricane wind damage;
(5) develop specifications and standards for products
used for protecting against hurricane wind damage;
(6) design buildings, houses, and other structures to
withstand hurricane wind damage; and
(9) provide hurricane-related educational programs,
seminars, conferences, and workshops to the community designed to
ensure safety, minimize loss of life, and mitigate the destruction
of property associated with hurricane wind damage.
Sec. 111.125. COLLABORATION WITH OTHER ENTITIES. The
University of Houston shall encourage public and private entities
to participate in or support the operation of the center and may
enter into an agreement with any public or private entity for that
purpose. An agreement may allow the center to provide information,
services, or other assistance to an entity in exchange for the
entity's participation or support.
Sec. 111.126. GIFTS AND GRANTS. The board may solicit,
accept, and administer gifts and grants from any public or private
source and use existing resources for the purposes of the center.
State funding is not available unless the legislature makes
specific appropriation for this purpose.
Sec. 111.127. PERSONNEL. The board may employ personnel
for the center as necessary.
SECTION 6.14. Section 418.004(10), Government Code, is
amended to read as follows:
(10) "Local government entity" means a county,
incorporated city, independent school district, public junior
college district, emergency services district, other special
district, joint board, or other entity defined as a political
subdivision under the laws of this state that maintains the
capability to provide mutual aid.
SECTION 6.15. Section 37.210, Education Code, is repealed.
SECTION 6.16. Sections 37.108(c-1) and (c-2), and Sections
51.217(d) and (e), Education Code, as added by this article, apply
only to a request for documents or information that is received on
or after the effective date of this article. A request for
documents or information that was received before the effective
date of this article is governed by the law in effect on the date the
request was received, and the former law is continued in effect for
that purpose.
SECTION 6.17. A person providing school safety or security
consulting services in this state shall comply with Section
37.2091, Education Code, as added by this article, not later than
January 1, 2010.
SECTION 6.18. This article does not make an appropriation.
A provision in this article that creates a new governmental
program, creates a new entitlement, or imposes a new duty on a
governmental entity is not mandatory during a fiscal period for
which the legislature has not made a specific appropriation to
implement the provision.
SECTION 6.19. This article takes effect September 1, 2009.
ARTICLE 7. EFFECTIVE DATE
SECTION 7.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1831 was passed by the House on April
24, 2009, by the following vote: Yeas 140, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1831 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; that the House adopted the conference committee report on
H.B. No. 1831 on May 31, 2009, by the following vote: Yeas 141,
Nays 0, 1 present, not voting; and that the House adopted H.C.R. No.
286 authorizing certain corrections in H.B. No. 1831 on June 1,
2009, by the following vote: Yeas 135, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1831 was passed by the Senate, with
amendments, on May 23, 2009, by the following vote: Yeas 30, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; that
the Senate adopted the conference committee report on H.B. No. 1831
on June 1, 2009, by the following vote: Yeas 30, Nays 1; and that
the Senate adopted H.C.R. No. 286 authorizing certain corrections
in H.B. No. 1831 on June 1, 2009, by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor