By: Taylor, Eiland (Senate Sponsor - Jackson) H.B. No. 4409
(In the Senate - Received from the House May 7, 2009;
May 8, 2009, read first time and referred to Committee on
Transportation and Homeland Security; May 23, 2009, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 7, Nays 0; May 23, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 4409 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to emergency preparation and management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 418, Government Code, is
amended by adding Section 418.006 to read as follows:
Sec. 418.006. CIVIL LIABILITY. An officer or employee of a
state or local agency, or a volunteer acting at the direction of an
officer or employee of a state or local agency, is considered for
purposes of Section 431.085 to be a member of the state military
forces ordered into active service of the state by proper authority
and is considered to be discharging a duty in that capacity if the
person is performing an activity related to sheltering or housing
individuals in connection with the evacuation of an area stricken
or threatened by disaster.
SECTION 2. 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) define "individuals with special needs" in the
context of a disaster; and
(15) do other things necessary, incidental, or
appropriate for the implementation of this chapter.
SECTION 3. Subchapter F, Chapter 418, Government Code, is
amended by adding Section 418.126 to read as follows:
Sec. 418.126. PRE-EVENT DISASTER RESPONSE CONTRACTS. (a)
The General Land Office shall solicit proposals for and enter into
one or more pre-event contracts that may be activated by the office
in the event of a weather-related disaster declaration to obtain
services for debris removal from beaches as needed following the
disaster.
(b) The Texas Department of Transportation shall solicit
proposals for and enter into one or more pre-event contracts that
may be activated by the department in the event of a weather-related
disaster declaration to obtain services for debris removal from the
state highway system as needed following the disaster.
(c) The Texas Department of Housing and Community Affairs
shall solicit proposals for and enter into one or more pre-event
contracts that may be activated by the department in the event of a
weather-related disaster declaration to obtain temporary or
emergency housing as needed following the disaster.
(d) Services obtained under a pre-event contract under this
section may be paid for with money from the disaster contingency
fund under Section 418.073.
SECTION 4. 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. The entity may equip the facility
with a combined heating and power system if the expected energy
savings exceed the expected costs.
SECTION 5. Not later than January 1, 2010, the relevant
state agencies shall adopt the contracts required by Section
418.126, Government Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2009.
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