Texas 2009 - 81st Regular

Texas Senate Bill SB1741 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Carona S.B. No. 1741
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to emergency management.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 418.005, Government Code, is amended by
9	9	amending Subsections (a) and (b) and adding Subsection (h) to read
10	10	as follows:
11	11	(a) This section applies only to an elected or appointed
12	12	public officer of the state or of a political subdivision who has
13	13	management or supervisory responsibilities and:
14	14	(1) whose position description, job duties, or
15	15	assignment includes emergency management responsibilities; or
16	16	(2) who plays a role in emergency preparedness,
17	17	response, or recovery.
18	18	(b) Each person described by Subsection (a) shall complete a
19	19	course of training provided or approved by the division of not less
20	20	than three hours regarding the responsibilities of state and local
21	21	governments under this chapter not later than the 180th day after
22	22	the date the person:
23	23	(1) takes the oath of office, if the person is required
24	24	to take an oath of office to assume the person's duties as a [an
25	25	appointed] public officer; or
26	26	(2) otherwise assumes responsibilities as a [an
27	27	appointed] public officer, if the person is not required to take an
28	28	oath of office to assume the person's duties.
29	29	(h) The Texas Engineering Extension Service, with the
30	30	direction, oversight, and approval of the division, shall implement
31	31	online courses and secure continuing education credits for elected
32	32	or appointed officials, volunteers, or employees requested to
33	33	attend training or required under Subsection (b) to attend
34	34	training. Training under this subsection is optional for
35	35	volunteers.
36	36	SECTION 2. Section 418.013, Government Code, is amended by
37	37	amending Subsection (b) and adding Subsection (d) to read as
38	38	follows:
39	39	(b) The emergency management council is composed of
40	40	representatives [the heads] of state agencies, boards, [and]
41	41	commissions, and [representatives of] organized volunteer groups
42	42	designated by the head of each entity.
43	43	(d) The council shall assist the division in identifying,
44	44	mobilizing, and deploying state resources to respond to major
45	45	emergencies and disasters throughout the state.
46	46	SECTION 3. Subsection (a), Section 418.042, Government
47	47	Code, is amended to read as follows:
48	48	(a) The division shall prepare and keep current a
49	49	comprehensive state emergency management plan. The plan may
50	50	include:
51	51	(1) provisions for prevention and minimization of
52	52	injury and damage caused by disaster;
53	53	(2) provisions for prompt and effective response to
54	54	disaster;
55	55	(3) provisions for emergency relief;
56	56	(4) provisions for energy emergencies;
57	57	(5) identification of areas particularly vulnerable
58	58	to disasters;
59	59	(6) recommendations for zoning, building
60	60	restrictions, and other land-use controls, safety measures for
61	61	securing mobile homes or other nonpermanent or semipermanent
62	62	structures, and other preventive and preparedness measures
63	63	designed to eliminate or reduce disasters or their impact;
64	64	(7) provisions for assistance to local officials in
65	65	designing local emergency management plans;
66	66	(8) authorization and procedures for the erection or
67	67	other construction of temporary works designed to protect against
68	68	or mitigate danger, damage, or loss from flood, fire, or other
69	69	disaster;
70	70	(9) preparation and distribution to the appropriate
71	71	state and local officials of state catalogs of federal, state, and
72	72	private assistance programs;
73	73	(10) organization of manpower and channels of
74	74	assistance;
75	75	(11) coordination of federal, state, and local
76	76	emergency management activities;
77	77	(12) coordination of the state emergency management
78	78	plan with the emergency management plans of the federal government;
79	79	(13) coordination of federal and state energy
80	80	emergency plans;
81	81	(14) provisions for providing information to
82	82	[education and training of] local officials on activation of the
83	83	Emergency Alert System established under 47 C.F.R. Part 11; and
84	84	(15) other necessary matters relating to disasters.
85	85	SECTION 4. Section 418.043, Government Code, is amended to
86	86	read as follows:
87	87	Sec. 418.043. OTHER POWERS AND DUTIES. The division shall:
88	88	(1) determine requirements of the state and its
89	89	political subdivisions for food, clothing, and other necessities in
90	90	event of a disaster;
91	91	(2) procure and position supplies, medicines,
92	92	materials, and equipment;
93	93	(3) adopt standards and requirements for local and
94	94	interjurisdictional emergency management plans;
95	95	(4) periodically review local and interjurisdictional
96	96	emergency management plans;
97	97	(5) coordinate deployment of mobile support units;
98	98	(6) establish and operate training programs and
99	99	programs of public information or assist political subdivisions and
100	100	emergency management agencies to establish and operate the
101	101	programs;
102	102	(7) make surveys of public and private industries,
103	103	resources, and facilities in the state that are necessary to carry
104	104	out the purposes of this chapter;
105	105	(8) plan and make arrangements for the availability
106	106	and use of any private facilities, services, and property and
107	107	provide for payment for use under terms and conditions agreed on if
108	108	the facilities are used and payment is necessary;
109	109	(9) establish a register of persons with types of
110	110	training and skills important in disaster mitigation,
111	111	preparedness, response, and recovery;
112	112	(10) establish a register of mobile and construction
113	113	equipment and temporary housing available for use in a disaster;
114	114	(11) assist political subdivisions in developing
115	115	plans for the humane evacuation, transport, and temporary
116	116	sheltering of service animals and household pets in a disaster;
117	117	(12) prepare, for issuance by the governor, executive
118	118	orders and regulations necessary or appropriate in coping with
119	119	disasters;
120	120	(13) cooperate with the federal government and any
121	121	public or private agency or entity in achieving any purpose of this
122	122	chapter and in implementing programs for disaster mitigation,
123	123	preparation, response, and recovery; [and]
124	124	(14) develop a plan to raise public awareness and
125	125	expand the capability of the information and referral network under
126	126	Section 531.0312;
127	127	(15) improve the integration of volunteer groups,
128	128	including faith-based organizations, into emergency management
129	129	plans; and
130	130	(16) do other things necessary, incidental, or
131	131	appropriate for the implementation of this chapter.
132	132	SECTION 5. Section 418.045, Government Code, is amended to
133	133	read as follows:
134	134	Sec. 418.045. TEMPORARY PERSONNEL. (a) The division may
135	135	employ or contract with temporary personnel from funds appropriated
136	136	to the division, from federal funds, or from the disaster
137	137	contingency fund. The merit system does not apply to the temporary
138	138	or contract positions.
139	139	(b) The division may enroll, organize, train, and equip a
140	140	cadre of disaster reservists with specialized skills in disaster
141	141	recovery, hazard mitigation, community outreach, and public
142	142	information to temporarily augment its permanent staff. The
143	143	division may activate enrolled disaster reservists to support
144	144	recovery operations in the aftermath of a disaster or major
145	145	emergency and pay them at a daily rate commensurate with their
146	146	qualifications and experience. Chapter 654, Chapter 2254, and
147	147	Subtitle D, Title 10, do not apply in relation to a disaster
148	148	reservist under this subsection.
149	149	SECTION 6. Section 418.048, Government Code, is amended to
150	150	read as follows:
151	151	Sec. 418.048. MONITORING WEATHER[; SUSPENSION OF WEATHER
152	152	MODIFICATION]. [(a)] The division shall keep continuously
153	153	apprised of weather conditions that present danger of climatic
154	154	activity, such as precipitation, severe enough to constitute a
155	155	disaster.
156	156	[(b) If the division determines that precipitation that may
157	157	result from weather modification operations, either by itself or in
158	158	conjunction with other precipitation or climatic conditions or
159	159	activity, would create or contribute to the severity of a disaster,
160	160	it shall request in the name of the governor that the officer or
161	161	agency empowered to issue permits for weather modification
162	162	operations suspend the issuance of permits. On the governor's
163	163	request, no permits may be issued until the division informs the
164	164	officer or agency that the danger has passed.]
165	165	SECTION 7. Subchapter D, Chapter 418, Government Code, is
166	166	amended by adding Section 418.075 to read as follows:
167	167	Sec. 418.075. REQUEST FOR FUNDS; HOSPITALS. A hospital may
168	168	request funding from the disaster contingency fund or through a
169	169	mutual aid agreement with a political subdivision for deployment of
170	170	hospital services, treatment of evacuees, and nonlocal emergency
171	171	medical services in the event of a disaster.
172	172	SECTION 8. Subsection (b), Section 418.107, Government
173	173	Code, is amended to read as follows:
174	174	(b) Political subdivisions may make agreements for the
175	175	purpose of organizing emergency management service divisions and
176	176	provide for a mutual method of financing the organization of units
177	177	on a basis satisfactory to the subdivisions. [The functioning of
178	178	the units shall be coordinated by the emergency management
179	179	council.]
180	180	SECTION 9. Section 418.117, Government Code, is amended to
181	181	read as follows:
182	182	Sec. 418.117. LICENSE PORTABILITY. If the assistance of a
183	183	person who holds a license, certificate, permit, or other document
184	184	evidencing qualification in a professional, mechanical, or other
185	185	skill is requested by a state agency or local government entity
186	186	under the system, the person is considered licensed, certified,
187	187	permitted, or otherwise documented in the political subdivision in
188	188	which the service is provided as long as the service is required,
189	189	subject to any limitations imposed by the chief executive officer
190	190	or the governing body of the requesting state agency or local
191	191	government entity.
192	192	SECTION 10. Subsection (b), Section 418.172, Government
193	193	Code, is amended to read as follows:
194	194	(b) If sufficient funds are not available for the required
195	195	insurance, an agency may request funding from [petition] the
196	196	disaster contingency fund [emergency funding board] to purchase the
197	197	insurance [on the agency's behalf. The board may spend money from
198	198	that fund for that purpose].
199	199	SECTION 11. Subchapter H, Chapter 418, Government Code, is
200	200	amended by adding Sections 418.188, 418.1881, and 418.1882 to read
201	201	as follows:
202	202	Sec. 418.188. POSTDISASTER EVALUATION. Not later than the
203	203	30th day after the date a request is received from the division, a
204	204	state agency, political subdivision, or interjurisdictional agency
205	205	shall conduct an evaluation of the entity's response to a disaster,
206	206	identify areas for improvement, and issue a report of the
207	207	evaluation to the division.
208	208	Sec. 418.1881. SHELTER OPERATIONS. The Department of State
209	209	Health Services shall develop, with the direction, oversight, and
210	210	approval of the division, an annex to the state emergency
211	211	management plan that includes provisions for:
212	212	(1) developing medical special needs categories;
213	213	(2) categorizing the requirements of individuals with
214	214	medical special needs; and
215	215	(3) establishing minimum health-related standards for
216	216	short-term and long-term shelter operations for shelters operated
217	217	with state funds or receiving state assistance.
218	218	Sec. 418.1882. PERSONNEL SURGE CAPACITY PLANNING. With the
219	219	direction, oversight, and approval of the division and the
220	220	assistance of the Department of State Health Services, health care
221	221	facilities, county officials, and other appropriate entities, each
222	222	council of government, regional planning commission, or similar
223	223	regional planning agency created under Chapter 391, Local
224	224	Government Code, shall develop a regional plan for personnel surge
225	225	capacity during disasters, including plans for providing lodging
226	226	and meals for disaster relief workers and volunteers.
227	227	SECTION 12. Section 418.072, Government Code, is repealed.
228	228	SECTION 13. On the effective date of this Act, the disaster
229	229	emergency funding board is abolished.
230	230	SECTION 14. The changes in law made by this Act by the
231	231	amendment of Section 418.005, Government Code, apply only to a
232	232	public officer elected or appointed on or after the effective date
233	233	of this Act. A public officer elected or appointed before the
234	234	effective date of this Act is governed by the law in effect
235	235	immediately before that date, and the former law is continued in
236	236	effect for that purpose.
237	237	SECTION 15. This Act takes effect September 1, 2009.