By: Carona S.B. No. 12
(In the Senate - Filed March 11, 2009; March 13, 2009, read
first time and referred to Committee on Transportation and Homeland
Security; April 14, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
April 14, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 12 By: Carona
A BILL TO BE ENTITLED
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 37.108, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) Any document or information collected during a
security audit conducted under Subsection (b) is not subject to
disclosure under Chapter 552, Government Code.
SECTION 1.02. Subdivision (1), Section 418.004, 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 1.03. Section 418.005, Government Code, is amended
by amending Subsections (a) and (b) and adding Subsection (h) to
read as follows:
(a) This section applies only to an elected or 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.
(h) The Texas Engineering Extension Service of The Texas A&M
University System, with the direction, oversight, and approval of
the division, shall implement online courses and secure continuing
education credits for elected or appointed officials, volunteers,
or employees requested to attend training or required under
Subsection (b) to attend training. Training under this subsection
is optional for volunteers.
SECTION 1.04. 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 1.05. Subsection (a), Section 418.042, 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 1.06. 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. 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 maintain fuel availability and continuity
of operations of all water, wastewater, hospital, and other
critical facilities, as 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;
(9) provisions for the dissemination of emergency
information through the media to aid disaster victims;
(10) provisions for providing backup power to restore
or continue operation of key water and wastewater facilities,
developed in coordination with water and wastewater utilities and
other agencies; and
(11) provisions for assessing the backup power
availability of hospitals and prisons and plans to ensure those
facilities have the fuel and supplies necessary to continue
operations.
SECTION 1.07. 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 1.08. 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 1.09. 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 1.10. 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 all 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 phased reentry plan shall provide political
subdivisions with the authority to adopt, as a part of a local plan,
phased reentry provisions to govern the order in which particular
groups of people are allowed to reenter areas of the political
subdivision previously evacuated. In the event of a conflict, the
local phased reentry provisions prevail over the conflicting
provision of the state phased reentry plan.
(d) The division shall consider giving priority under the
phased reentry plan to public safety officials, utility employees,
amateur radio operators, public health officials, health care
professionals, judges and court personnel, 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.
(e) The division, in consultation with representatives of
affected parties and local emergency management directors, shall
develop a reentry credentialing process. The division may include
the credentialing process in the phased reentry plan or administer
the credentialing process separately. The Department of Public
Safety of the State of Texas shall provide support for the
credentialing process.
SECTION 1.11. 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) the National Guard's Joint Continental United
States Communications Support Environment;
(7) the National Guard Bureau;
(8) amateur radio operator groups;
(9) the Texas Forest Service;
(10) the Texas Department of Transportation;
(11) the General Land Office;
(12) the Texas Engineering Extension Service of The
Texas A&M University System;
(13) the Railroad Commission of Texas;
(14) the Department of State Health Services;
(15) the judicial branch of state government;
(16) the Texas Association of Regional Councils;
(17) the United States Air Force Auxiliary Civil Air
Patrol, Texas Wing;
(18) state agencies, counties, and municipalities
affected by the emergency; and
(19) other agencies as determined by the division.
SECTION 1.12. Subchapter D, Chapter 418, Government Code,
is amended by adding Section 418.075 to read as follows:
Sec. 418.075. REQUEST FOR FUNDS; HOSPITALS. A public or
not-for-profit hospital may request funding from the disaster
contingency fund or through a mutual aid agreement with a political
subdivision for deployment of hospital services, treatment of
evacuees, and nonlocal emergency medical services in the event of a
disaster.
SECTION 1.13. Subsection (b), Section 418.107, 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 1.14. 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. Subsection (b), Section 418.172, 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, 418.188, 418.1881, 418.1882,
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 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. 418.188. POSTDISASTER EVALUATION. Not later than the
30th 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. With the
direction, oversight, and approval of the division and the
assistance of the Department of State Health Services, health care
facilities, county officials, 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.
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) 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. Subdivisions (1) and (13-a), Section 541.201,
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.
SECTION 1.20. Subsection (b), Section 545.421,
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 1.21. Section 418.072, Government Code, is
repealed.
SECTION 1.22. On the effective date of this Act, the
disaster emergency funding board is abolished.
SECTION 1.23. The changes in law made by this Act by the
amendment of Section 418.005, Government Code, apply only to a
public officer elected or appointed on or after the effective date
of this Act. A public officer elected or 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 1.24. Subsection (c-1), Section 37.108, Education
Code, as added by this Act, applies only to a request for documents
or information that is received by a school district on or after the
effective date of this Act. A request for documents or information
that was received before the effective date of this Act 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 1.25. (a) 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.
(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. 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. Chapter 38, Utilities Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. INFRASTRUCTURE IMPROVEMENT AND MAINTENANCE PLAN
Sec. 38.101. PLAN FOR INFRASTRUCTURE IMPROVEMENT AND
MAINTENANCE. (a) Not later than January 1, 2010, each electric
utility shall file with the commission a plan for infrastructure
improvement and maintenance that cost-effectively minimizes the
utility's risk of experiencing an extended power outage during
severe weather.
(b) The commission shall prescribe the details required to
be included in each electric utility's plan submitted under
Subsection (a), based on:
(1) the utility's susceptibility to specific types of
severe weather likely to occur in the utility's service area;
(2) the age of the utility's infrastructure;
(3) the utility's history of extended power outages
caused by severe weather; and
(4) the potential improvements in preparation and
response that are available to the utility.
(c) At a minimum, the commission shall require that each
utility's plan submitted under Subsection (a) include:
(1) an established vegetation management cycle for the
clearing of trees, tree limbs, and other vegetative growth from
utility line easements and utility structures;
(2) a customer outreach program that educates property
owners on proper vegetation management near electric utility
structures;
(3) a program for the inspection of transmission
structures;
(4) a system for identifying areas that are
susceptible to damage during severe weather and modifying
transmission structures in those areas, including identifying and
replacing wooden poles in those areas with poles made of more
durable materials;
(5) a system for designating high-load transmission
and distribution areas and identifying potential improvements to
infrastructure to prevent damage during severe weather;
(6) a system for determining the cost-effectiveness of
placing future electricity lines underground;
(7) a plan that allows for or requires the expansion or
installation of underground utility infrastructure to be
coordinated with the repair, expansion, or installation activities
of other owners of underground facilities, including
municipalities, gas utilities, and pipeline companies;
(8) a plan for the use of distributed generation
technologies and advanced meter technologies that prevent, detect,
and report the failure of grid facilities and assist in the repair
of those facilities;
(9) a priority plan for the restoration of critical
facilities in areas that are particularly prone to severe weather,
including:
(A) facilities belonging to emergency response
providers;
(B) hospitals;
(C) water and wastewater treatment facilities;
and
(D) municipal service facilities; and
(10) a plan to inform state and local officials of an
extended power outage, the utility's restoration efforts, and the
expected duration and severity of the outage.
(d) For each specific program or project included in a plan
submitted under Subsection (a), the electric utility shall include
sufficient detail to allow the commission to accept, modify, or
reject an individual program or project based on whether the
demonstrable benefits to customers exceed the costs.
Sec. 38.102. APPROVAL OF PLAN; HEARING. (a) On the filing
of a plan under Section 38.101, the commission shall provide notice
to interested parties and an opportunity for a hearing.
(b) The commission shall review and approve a new plan or an
updated plan not later than the 90th day after the date the
commission provides the notice required by Subsection (a), unless a
request for a hearing is filed before the end of that period.
(c) If a request for a hearing is filed within the period
prescribed by Subsection (b), the commission shall hold a hearing
on the plan and shall issue an order approving the plan, approving
the plan with modifications, or rejecting the entire plan, not
later than the 150th day after the date the plan is filed.
(d) If the commission rejects an electric utility's plan for
infrastructure improvement and maintenance, or approves the plan
with modifications, the commission shall include in the order a
detailed explanation of the reasons the plan was rejected or
modified. If the commission rejects an electric utility's plan,
the electric utility shall file a new plan and seek commission
approval of the new plan.
(e) The commission's approval of a plan, or approval of a
plan with modifications, does not:
(1) preclude the electric utility from filing a new
plan before the utility is required to update an approved plan under
Section 38.103; or
(2) affect the duty of the electric utility to prove in
a ratemaking proceeding that expenditures made pursuant to the plan
were reasonable, necessary, and prudently incurred.
(f) An expenditure made by an electric utility pursuant to a
plan filed under this section may be recovered by the utility in a
ratemaking proceeding under Chapter 36.
Sec. 38.103. RENEWAL AND REVIEW OF PLAN. (a) An electric
utility that files a plan for infrastructure improvement and
maintenance required by Section 38.101 shall:
(1) as required by the commission, file with the
commission a report detailing the status of the programs and
projects detailed in the plan; and
(2) file an updated plan with the commission every six
years for the commission's approval.
(b) To prepare an electric utility for future severe
weather, the commission may evaluate the effectiveness of an
electric utility's plan for infrastructure improvement and
maintenance after each occurrence of severe weather that affects
the utility's service area.
SECTION 2.03. Chapter 2302, Government Code, is repealed.
SECTION 2.04. Chapter 2311, Government Code, as added by
this Act, applies only to the construction or renovation of a
building or the replacement of equipment for a building for which
the contract is entered into on or after September 1, 2009.
SECTION 2.05. (a) 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 October 1,
2009.
(b) Not later than January 1, 2010, each electric utility
shall file with the Public Utility Commission of Texas a proposed
plan for infrastructure and improvement as required by Subchapter
E, Chapter 38, Utilities Code, as added by this Act.
ARTICLE 3. HEALTH AND SAFETY PROVISIONS
SECTION 3.01. 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 3.02. 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 3.03. 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. Section 431.082, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) A member of the Texas State Guard called to state active
duty is a temporary employee of the state while on state active
duty. The adjutant general shall pay members of the Texas State
Guard called to state active duty according to the General
Appropriations Act. If the length of state active duty exceeds 45
consecutive days, the adjutant general may pay the members of the
Texas State Guard called to state active duty up to 140 percent of
the amount authorized in the General Appropriations Act.
SECTION 4.02. 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 4.03. 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 4.04. Subdivision (1-a), Section 161.0001, 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. Subsection (c), Section 74.093, 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 5.02. 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 5.03. 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) Notwithstanding any other law, the supreme court, by
rule or order, or on a case-by-case basis, may exercise the court's
inherent authority, with or without the consent of the parties, to
suspend procedures for the conduct of any court proceeding affected
by a disaster. The supreme court may:
(1) provide abatements and stays;
(2) toll or modify other filings and service
deadlines;
(3) provide for hearings or trials at locations other
than the county of suit;
(4) provide for courts of appeal to accept filings and
hear arguments in remote courthouses; and
(5) provide for alternative notice requirements.
(c) If a disaster prevents the supreme court from acting
under Subsection (b), the court of criminal appeals may act on
behalf of the supreme court. If the disaster prevents both the
supreme court and the court of criminal appeals from acting under
Subsection (b), the chief justice of the supreme court and the
presiding judge of the court of criminal appeals may act on behalf
of the judicial branch of state government.
SECTION 5.04. Subsection (b), Section 418.042, Government
Code, is amended to read as follows:
(b) In preparing and revising the state emergency
management plan, the division shall seek the advice and assistance
of local government, the judicial branch of state government,
business, labor, industry, agriculture, civic organizations,
volunteer organizations, and community leaders.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2009.
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