By: Phelan, et al. (Senate Sponsor - Kolkhorst) H.B. No. 5
(In the Senate - Received from the House April 11, 2019;
April 16, 2019, read first time and referred to Committee on Water &
Rural Affairs; May 15, 2019, reported favorably by the following
vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to debris management and other disaster recovery efforts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 418, Government Code, is
amended by adding Sections 418.054, 418.055, 418.056, and 418.057
to read as follows:
Sec. 418.054. CATASTROPHIC DEBRIS MANAGEMENT PLAN AND
TRAINING. (a) The division, in consultation with any other state
agencies selected by the division, shall develop a catastrophic
debris management plan and model guide for use by political
subdivisions in the event of a disaster.
(b) The plan must:
(1) provide a guide for clearance and disposal of
debris caused by a disaster, including information on preparing for
debris removal before a disaster; and
(2) include:
(A) provisions for the use of trench burners and
air curtain incinerators of vegetative debris, including
identifying sources of equipment for use immediately following a
disaster; and
(B) procedures for:
(i) vegetative debris burning, including
the role of the Texas Department of Transportation in debris
removal;
(ii) the coordination of clearance and
disposal of debris;
(iii) obtaining equipment necessary for use
immediately following a disaster; and
(iv) the interaction between political
subdivisions and state and federal agencies.
(c) The Texas A&M Engineering Extension Service shall
establish a training program for state agencies and political
subdivisions on the use of trench burners in debris removal.
Sec. 418.055. CONTRACTING FOR DEBRIS REMOVAL. (a) The
division, in consultation with the Federal Emergency Management
Agency, shall develop and publish a model contract for debris
removal services to be used by political subdivisions following a
disaster.
(b) The division shall consult with the comptroller to:
(1) establish appropriate contracting standards and
contractor requirements to include in the model contract; and
(2) include a contract for debris removal services on
the schedule of multiple award contracts developed under Subchapter
I, Chapter 2155, or in another cooperative purchasing program
administered by the comptroller.
Sec. 418.056. WET DEBRIS STUDY GROUP. (a) In this section,
"study group" means the wet debris study group established under
this section.
(b) The wet debris study group is established and composed
of representatives of the division, any other state agencies
selected by the division, and local and federal governmental
entities.
(c) The chief of the division serves as chair of the study
group.
(d) The study group shall study issues related to removal of
wet debris, including best practices for clearing wet debris
following a disaster and determining responsibility for that
removal.
(e) Not later than November 1, 2020, the study group shall
submit a report containing recommendations on the issues described
by Subsection (d) to each member of the legislature.
(f) The study group is abolished and this section expires
January 1, 2021.
Sec. 418.057. WORK GROUP ON LOCAL RESTRICTIONS THAT IMPEDE
DISASTER RECOVERY EFFORTS. (a) In this section, "work group" means
the work group established under this section.
(b) The work group is established and composed of
representatives of the division, any other state agencies selected
by the division, and local governmental entities.
(c) The chief of the division serves as chair of the work
group.
(d) The work group shall conduct a study on local
restrictions that impede disaster recovery efforts, including
efforts to remove debris and erect short-term housing.
(e) The study conducted under Subsection (d) must include:
(1) an overview of official actions by governing
bodies of political subdivisions and requirements imposed by deed
restrictions or property owners' associations that impede state and
federal disaster recovery efforts in this state; and
(2) recommendations for minimizing the effect of the
official actions and requirements described by Subdivision (1) on
state and federal disaster recovery efforts in this state.
(f) Not later than November 1, 2020, the work group shall
submit a written report to the members of the legislature with the
results of the study required under this section.
(g) This section expires and the work group is abolished
January 1, 2021.
SECTION 2. Not later than January 1, 2020, the Texas
Division of Emergency Management shall develop the catastrophic
debris management plan and model guide required by Section 418.054,
Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2019.
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