Texas 2009 - 81st Regular

Texas Senate Bill SB12 Compare Versions

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1	1	81R5260 EAH-D
2	2	By: Carona S.B. No. 12
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to emergency management.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 418.043, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 418.043. OTHER POWERS AND DUTIES. The division shall:
12	12	(1) determine requirements of the state and its
13	13	political subdivisions for food, clothing, and other necessities in
14	14	event of a disaster;
15	15	(2) procure and position supplies, medicines,
16	16	materials, and equipment;
17	17	(3) adopt standards and requirements for local and
18	18	interjurisdictional emergency management plans;
19	19	(4) periodically review local and interjurisdictional
20	20	emergency management plans;
21	21	(5) coordinate deployment of mobile support units;
22	22	(6) establish and operate training programs and
23	23	programs of public information or assist political subdivisions and
24	24	emergency management agencies to establish and operate the
25	25	programs;
26	26	(7) make surveys of public and private industries,
27	27	resources, and facilities in the state that are necessary to carry
28	28	out the purposes of this chapter;
29	29	(8) plan and make arrangements for the availability
30	30	and use of any private facilities, services, and property and
31	31	provide for payment for use under terms and conditions agreed on if
32	32	the facilities are used and payment is necessary;
33	33	(9) establish a register of persons with types of
34	34	training and skills important in disaster mitigation,
35	35	preparedness, response, and recovery;
36	36	(10) establish a register of mobile and construction
37	37	equipment and temporary housing available for use in a disaster;
38	38	(11) assist political subdivisions in developing
39	39	plans for the humane evacuation, transport, and temporary
40	40	sheltering of service animals and household pets in a disaster;
41	41	(12) prepare, for issuance by the governor, executive
42	42	orders and regulations necessary or appropriate in coping with
43	43	disasters;
44	44	(13) cooperate with the federal government and any
45	45	public or private agency or entity in achieving any purpose of this
46	46	chapter and in implementing programs for disaster mitigation,
47	47	preparation, response, and recovery; [and]
48	48	(14) cooperate with the Federal Emergency Management
49	49	Agency to create uniform guidelines for acceptable home repairs
50	50	following disasters and promote public awareness of the guidelines;
51	51	(15) cooperate with state agencies to include
52	52	information on volunteering during a disaster in all state disaster
53	53	preparation information resources, including Internet websites;
54	54	(16) establish a liability awareness program for
55	55	volunteers, including medical professionals; and
56	56	(17) do other things necessary, incidental, or
57	57	appropriate for the implementation of this chapter.
58	58	SECTION 2. Subchapter C, Chapter 418, Government Code, is
59	59	amended by adding Section 418.050 to read as follows:
60	60	Sec. 418.050. PHASED REENTRY PLAN. (a) The division shall
61	61	develop a phased reentry plan to govern the order in which
62	62	particular groups of people are allowed to reenter areas previously
63	63	evacuated because of a disaster or threat of disaster. The plan may
64	64	provide different reentry procedures for different types of
65	65	disasters.
66	66	(b) The division shall consider giving priority under the
67	67	phased reentry plan to public safety officials, utility employees,
68	68	insurance claims adjusters, the media, and area residents. The
69	69	division shall consider preauthorizing insurance claims adjusters
70	70	to reenter evacuated areas as soon as practicable to begin
71	71	processing claims.
72	72	(c) The division, in consultation with representatives of
73	73	affected industries, shall develop a reentry credentialing
74	74	process. The division may include the credentialing process in the
75	75	phased reentry plan or administer the credentialing process
76	76	separately.
77	77	SECTION 3. Subchapter H, Chapter 418, Government Code, is
78	78	amended by adding Sections 418.185, 418.189, 418.190, and 418.191
79	79	to read as follows:
80	80	Sec. 418.185. MANDATORY EVACUATION. (a) This section does
81	81	not apply to a person who is authorized to be in an evacuated area,
82	82	including a person who returns to the area under a phased reentry
83	83	plan or reentry credentialing process under Section 418.050.
84	84	(b) A county judge or mayor of a municipality who orders the
85	85	evacuation of an area stricken or threatened by a disaster by order
86	86	may compel persons who remain in the evacuated area to leave and
87	87	authorize the use of reasonable force to remove persons from the
88	88	area.
89	89	(c) The governor and a county judge or mayor of a
90	90	municipality who orders the evacuation of an area stricken or
91	91	threatened by a disaster by a concurrent order may compel persons
92	92	who remain in the evacuated area to leave and authorize the use of
93	93	reasonable force to remove persons from the area.
94	94	(d) A person is civilly liable to a governmental entity, or
95	95	a nonprofit agency cooperating with a governmental entity, that
96	96	conducts a rescue on the person's behalf for the cost of the rescue
97	97	effort if:
98	98	(1) the person knowingly ignored a mandatory
99	99	evacuation order under this section and:
100	100	(A) engaged in an activity or course of action
101	101	that a reasonable person would not have engaged in; or
102	102	(B) failed to take a course of action a
103	103	reasonable person would have taken;
104	104	(2) the person's actions under Subdivision (1) placed
105	105	the person or another person in danger; and
106	106	(3) a governmental rescue effort was undertaken on the
107	107	person's behalf.
108	108	Sec. 418.189. DISASTER MANAGEMENT OUTREACH. A state agency
109	109	involved in disaster management shall conduct outreach and
110	110	disseminate information regarding disaster preparedness and
111	111	recovery to the general public, including residents of affected
112	112	areas, and issue an annual report to the legislature regarding
113	113	those activities.
114	114	Sec. 418.190. AGRICULTURE EMERGENCY RESPONSE PLAN. (a)
115	115	The Department of Agriculture shall prepare and keep current an
116	116	agriculture emergency response plan. The plan must include
117	117	provisions for:
118	118	(1) identifying and assessing necessary training; and
119	119	(2) providing information on recovery, relief, and
120	120	assistance following a disaster.
121	121	(b) The Department of Agriculture shall include the plan
122	122	developed under Subsection (a) in an annual report to the
123	123	legislature.
124	124	Sec. 418.191. MEDICAL SPECIAL NEEDS VOLUNTEERS. (a) An
125	125	entity responsible for the care of individuals with special needs
126	126	shall develop and distribute information on volunteering in
127	127	connection with a disaster.
128	128	(b) The division shall provide information to interested
129	129	parties and the public regarding how volunteers can be identified
130	130	and trained to help all groups of people, including those with
131	131	special needs and those who are residents of assisted living
132	132	facilities.
133	133	SECTION 4. Subchapter B, Chapter 242, Health and Safety
134	134	Code, is amended by adding Section 242.0395 to read as follows:
135	135	Sec. 242.0395. REGISTRATION WITH TEXAS INFORMATION AND
136	136	REFERRAL NETWORK. (a) An institution licensed under this chapter
137	137	shall register with the Texas Information and Referral Network
138	138	under Section 531.0312, Government Code, to assist the state in
139	139	identifying persons needing assistance evacuating in a disaster or
140	140	other emergency.
141	141	(b) The institution is not required to identify individual
142	142	residents who may require assistance in evacuating in an emergency
143	143	or to register individual residents with the Texas Information and
144	144	Referral Network for evacuation assistance.
145	145	(c) The institution shall notify each resident and the
146	146	resident's next of kin or guardian regarding how to register for
147	147	evacuation assistance with the Texas Information and Referral
148	148	Network.
149	149	SECTION 5. Subchapter B, Chapter 247, Health and Safety
150	150	Code, is amended by adding Section 247.0275 to read as follows:
151	151	Sec. 247.0275. REGISTRATION WITH TEXAS INFORMATION AND
152	152	REFERRAL NETWORK. (a) An assisted living facility licensed under
153	153	this chapter shall register with the Texas Information and Referral
154	154	Network under Section 531.0312, Government Code, to assist the
155	155	state in identifying persons needing assistance evacuating in a
156	156	disaster or other emergency.
157	157	(b) The assisted living facility is not required to identify
158	158	individual residents who may require assistance in evacuating in an
159	159	emergency or to register individual residents with the Texas
160	160	Information and Referral Network for evacuation assistance.
161	161	(c) The assisted living facility shall notify each resident
162	162	and the resident's next of kin or guardian regarding how to register
163	163	for evacuation assistance with the Texas Information and Referral
164	164	Network.
165	165	SECTION 6. Not later than the 30th day after the effective
166	166	date of this section, the division of emergency management in the
167	167	office of the governor shall issue a report to the legislature
168	168	regarding the implementation of medical special needs plans in
169	169	connection with Hurricane Ike, including identification,
170	170	evacuation, transportation, shelter, care, and reentry during the
171	171	period ending on the 30th day after the conclusion of the disaster.
172	172	The Department of State Health Services shall cooperate in the
173	173	preparation of the report.
174	174	SECTION 7. (a) Except as provided by Subsection (b) of this
175	175	section, this Act takes effect September 1, 2009.
176	176	(b) Section 6 of this Act takes effect immediately if this
177	177	Act receives a vote of two-thirds of all the members elected to each
178	178	house, as provided by Section 39, Article III, Texas Constitution.
179	179	If this Act does not receive the vote necessary for immediate
180	180	effect, Section 6 of this Act takes effect September 1, 2009.