81R34259 EAH-F
By: Carona, et al. S.B. No. 12
Substitute the following for S.B. No. 12:
By: Corte C.S.S.B. No. 12
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 Subsections (c-1) and (c-2) to read as follows:
(c-1) Except as provided by Subsection (c-2), any document
or information collected during a 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
multihazard emergency operation 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 local emergency services agencies, law
enforcement agencies, 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) 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 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 school board;
(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) verify that the district has established a visitor
policy and identify the provisions governing access to a district
building or other district property.
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 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.
(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. (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 and through
commercial firms offering generators for rent or lease.
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 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 1.11. 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) 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; and
(23) other agencies as determined by the division.
SECTION 1.12. 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 1.13. 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. Subsection (d), Section 418.108, 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 1.15. 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 1.16. 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 1.17. Subchapter H, Chapter 418, Government Code,
is amended by adding Sections 418.185, 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. 418.188. 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 1.18. 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 1.19. 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 1.20. 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, 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.
SECTION 1.21. 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 1.22. 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. Subsections (c-1) and (c-2), Section 37.108,
Education Code, as added by this Act, apply 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 1.26. (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. 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 2.02. 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.
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. 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. 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. 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. EFFECTIVE DATE
SECTION 6.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2009.