Texas 2019 - 86th Regular

Texas House Bill HB5 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 5
	1	+	By: Phelan, et al. (Senate Sponsor - Kolkhorst) H.B. No. 5
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 16, 2019, read first time and referred to Committee on Water &
	4	+	Rural Affairs; May 15, 2019, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to debris management and other disaster recovery efforts.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Subchapter C, Chapter 418, Government Code, is
8	14		amended by adding Sections 418.054, 418.055, 418.056, and 418.057
9	15		to read as follows:
10	16		Sec. 418.054. CATASTROPHIC DEBRIS MANAGEMENT PLAN AND
11	17		TRAINING. (a) The division, in consultation with any other state
12	18		agencies selected by the division, shall develop a catastrophic
13	19		debris management plan and model guide for use by political
14	20		subdivisions in the event of a disaster.
15	21		(b) The plan must:
16	22		(1) provide a guide for clearance and disposal of
17	23		debris caused by a disaster, including information on preparing for
18	24		debris removal before a disaster; and
19	25		(2) include:
20	26		(A) provisions for the use of trench burners and
21	27		air curtain incinerators of vegetative debris, including
22	28		identifying sources of equipment for use immediately following a
23	29		disaster; and
24	30		(B) procedures for:
25	31		(i) vegetative debris burning, including
26	32		the role of the Texas Department of Transportation in debris
27	33		removal;
28	34		(ii) the coordination of clearance and
29	35		disposal of debris;
30	36		(iii) obtaining equipment necessary for use
31	37		immediately following a disaster; and
32	38		(iv) the interaction between political
33	39		subdivisions and state and federal agencies.
34	40		(c) The Texas A&M Engineering Extension Service shall
35	41		establish a training program for state agencies and political
36	42		subdivisions on the use of trench burners in debris removal.
37	43		Sec. 418.055. CONTRACTING FOR DEBRIS REMOVAL. (a) The
38	44		division, in consultation with the Federal Emergency Management
39	45		Agency, shall develop and publish a model contract for debris
40	46		removal services to be used by political subdivisions following a
41	47		disaster.
42	48		(b) The division shall consult with the comptroller to:
43	49		(1) establish appropriate contracting standards and
44	50		contractor requirements to include in the model contract; and
45	51		(2) include a contract for debris removal services on
46	52		the schedule of multiple award contracts developed under Subchapter
47	53		I, Chapter 2155, or in another cooperative purchasing program
48	54		administered by the comptroller.
49	55		Sec. 418.056. WET DEBRIS STUDY GROUP. (a) In this section,
50	56		"study group" means the wet debris study group established under
51	57		this section.
52	58		(b) The wet debris study group is established and composed
53	59		of representatives of the division, any other state agencies
54	60		selected by the division, and local and federal governmental
55	61		entities.
56	62		(c) The chief of the division serves as chair of the study
57	63		group.
58	64		(d) The study group shall study issues related to removal of
59	65		wet debris, including best practices for clearing wet debris
60	66		following a disaster and determining responsibility for that
61	67		removal.
62	68		(e) Not later than November 1, 2020, the study group shall
63	69		submit a report containing recommendations on the issues described
64	70		by Subsection (d) to each member of the legislature.
65	71		(f) The study group is abolished and this section expires
66	72		January 1, 2021.
67	73		Sec. 418.057. WORK GROUP ON LOCAL RESTRICTIONS THAT IMPEDE
68	74		DISASTER RECOVERY EFFORTS. (a) In this section, "work group" means
69	75		the work group established under this section.
70	76		(b) The work group is established and composed of
71	77		representatives of the division, any other state agencies selected
72	78		by the division, and local governmental entities.
73	79		(c) The chief of the division serves as chair of the work
74	80		group.
75	81		(d) The work group shall conduct a study on local
76	82		restrictions that impede disaster recovery efforts, including
77	83		efforts to remove debris and erect short-term housing.
78	84		(e) The study conducted under Subsection (d) must include:
79	85		(1) an overview of official actions by governing
80	86		bodies of political subdivisions and requirements imposed by deed
81	87		restrictions or property owners' associations that impede state and
82	88		federal disaster recovery efforts in this state; and
83	89		(2) recommendations for minimizing the effect of the
84	90		official actions and requirements described by Subdivision (1) on
85	91		state and federal disaster recovery efforts in this state.
86	92		(f) Not later than November 1, 2020, the work group shall
87	93		submit a written report to the members of the legislature with the
88	94		results of the study required under this section.
89	95		(g) This section expires and the work group is abolished
90	96		January 1, 2021.
91	97		SECTION 2. Not later than January 1, 2020, the Texas
92	98		Division of Emergency Management shall develop the catastrophic
93	99		debris management plan and model guide required by Section 418.054,
94	100		Government Code, as added by this Act.
95	101		SECTION 3. This Act takes effect September 1, 2019.
96		-	______________________________ ______________________________
97		-	President of the Senate Speaker of the House
98		-	I certify that H.B. No. 5 was passed by the House on April 11,
99		-	2019, by the following vote: Yeas 146, Nays 0, 1 present, not
100		-	voting.
101		-	______________________________
102		-	Chief Clerk of the House
103		-	I certify that H.B. No. 5 was passed by the Senate on May 22,
104		-	2019, by the following vote: Yeas 31, Nays 0.
105		-	______________________________
106		-	Secretary of the Senate
107		-	APPROVED: _____________________
108		-	Date
109		-	_____________________
110		-	Governor
	102	+	* * * * *