By: Carona S.B. No. 1741
(In the Senate - Filed March 11, 2009; March 20, 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. 1741 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to emergency management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.005, 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, 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 2. 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 council shall assist the division in identifying,
mobilizing, and deploying state resources to respond to major
emergencies and disasters throughout the state.
SECTION 3. 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) other necessary matters relating to disasters.
SECTION 4. 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; and
(16) do other things necessary, incidental, or
appropriate for the implementation of this chapter.
SECTION 5. 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 6. 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 7. 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 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 8. 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 9. 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 10. 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 11. Subchapter H, Chapter 418, Government Code, is
amended by adding Sections 418.188, 418.1881, and 418.1882 to read
as follows:
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.
SECTION 12. Section 418.072, Government Code, is repealed.
SECTION 13. On the effective date of this Act, the disaster
emergency funding board is abolished.
SECTION 14. 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 15. This Act takes effect September 1, 2009.
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