81R5260 EAH-D
By: Carona S.B. No. 12
A BILL TO BE ENTITLED
AN ACT
relating to emergency management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) cooperate with the Federal Emergency Management
Agency to create uniform guidelines for acceptable home repairs
following disasters and promote public awareness of the guidelines;
(15) cooperate with state agencies to include
information on volunteering during a disaster in all state disaster
preparation information resources, including Internet websites;
(16) establish a liability awareness program for
volunteers, including medical professionals; and
(17) do other things necessary, incidental, or
appropriate for the implementation of this chapter.
SECTION 2. 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 division shall consider giving priority under the
phased reentry plan to public safety officials, utility employees,
insurance claims adjusters, the media, and area residents. The
division shall consider preauthorizing insurance claims adjusters
to reenter evacuated areas as soon as practicable to begin
processing claims.
(c) The division, in consultation with representatives of
affected industries, shall develop a reentry credentialing
process. The division may include the credentialing process in the
phased reentry plan or administer the credentialing process
separately.
SECTION 3. Subchapter H, Chapter 418, Government Code, is
amended by adding Sections 418.185, 418.189, 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 reentry 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 and authorize the use of
reasonable force to remove persons from the area.
(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.
Sec. 418.189. DISASTER MANAGEMENT OUTREACH. A state agency
involved in disaster management shall conduct outreach and
disseminate information regarding disaster preparedness and
recovery to the general public, including residents of affected
areas, and issue an annual report to the legislature regarding
those activities.
Sec. 418.190. AGRICULTURE EMERGENCY RESPONSE PLAN. (a)
The Department of Agriculture shall prepare and keep current an
agriculture emergency response plan. The plan must include
provisions for:
(1) identifying and assessing necessary training; and
(2) providing information on recovery, relief, and
assistance following a disaster.
(b) The Department of Agriculture shall include the plan
developed under Subsection (a) in an annual report to the
legislature.
Sec. 418.191. MEDICAL SPECIAL NEEDS VOLUNTEERS. (a) An
entity responsible for the care of individuals with 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
special needs and those who are residents of assisted living
facilities.
SECTION 4. 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 evacuating in a disaster or
other emergency.
(b) The institution is not required to identify individual
residents who may require assistance in evacuating in an emergency
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 5. 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 evacuating in a
disaster or other emergency.
(b) The assisted living facility is not required to identify
individual residents who may require assistance in evacuating in an
emergency 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 6. Not later than the 30th day after the effective
date of this section, the division of emergency management in the
office of the governor 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.
SECTION 7. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2009.
(b) Section 6 of this Act 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, Section 6 of this Act takes effect September 1, 2009.