Texas 2019 - 86th Regular

Texas Senate Bill SB1668 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11574 JRJ-D
2	2	By: Kolkhorst S.B. No. 1668
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of emergency management in this
8	8	state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 61.003(6), Education Code, is amended to
11	11	read as follows:
12	12	(6) "Other agency of higher education" means The
13	13	University of Texas System, System Administration; The University
14	14	of Texas at El Paso [Western University] Museum; The Texas A&M
15	15	University System, Administrative and General Offices; Texas A&M
16	16	AgriLife Research [Agricultural Experiment Station]; Texas A&M
17	17	AgriLife [Agricultural] Extension Service; Rodent and Predatory
18	18	Animal Control Service (a part of the Texas A&M AgriLife
19	19	[Agricultural] Extension Service); Texas A&M Engineering
20	20	Experiment Station (including the Texas A&M Transportation
21	21	Institute); Texas A&M Engineering Extension Service; Texas A&M
22	22	Forest Service; Texas Division of Emergency Management; Texas Tech
23	23	University Museum; Texas State University System, System
24	24	Administration; Sam Houston Memorial Museum; Panhandle-Plains
25	25	Historical Museum; Cotton Research Committee of Texas; Texas Water
26	26	Resources Institute [of Texas]; Texas A&M Veterinary Medical
27	27	Diagnostic Laboratory; and any other unit, division, institution,
28	28	or agency which shall be so designated by statute or which may be
29	29	established to operate as a component part of any public senior
30	30	college or university, or which may be so classified as provided in
31	31	this chapter.
32	32	SECTION 2. Section 88.001, Education Code, is amended to
33	33	read as follows:
34	34	Sec. 88.001. AGENCIES AND SERVICES. The agencies and
35	35	services of the Texas A&M [A & M] University System are:
36	36	(1) the Texas A&M Forest Service (see Subchapter B of
37	37	this chapter);
38	38	(2) [the] Texas A&M AgriLife Research [Agricultural
39	39	Experiment Station] (see Subchapter C of this chapter);
40	40	(3) the Texas A&M AgriLife [Agricultural] Extension
41	41	Service, established by action of the board of directors;
42	42	(4) the Texas A&M Engineering Experiment Station,
43	43	established by action of the board of directors;
44	44	(5) the Texas A&M Engineering Extension Service,
45	45	established by action of the board of directors;
46	46	(6) the Texas Division of Emergency Management (see
47	47	Subchapter C, Chapter 418, Government Code); and
48	48	(7) [(6)] other agencies and services that may be
49	49	established by law or by action of the board of directors.
50	50	SECTION 3. Section 418.013(b), Government Code, is amended
51	51	to read as follows:
52	52	(b) The emergency management council is composed of
53	53	representatives of state agencies, boards, commissions, and
54	54	organized volunteer groups designated by the head of each entity.
55	55	At least once each biennium, the governor shall review the
56	56	composition of the council and, if necessary, update or expand the
57	57	participating entities.
58	58	SECTION 4. Section 418.041, Government Code, is amended to
59	59	read as follows:
60	60	Sec. 418.041. ORGANIZATION. (a) The Texas Division of
61	61	Emergency Management is a component [division] of The Texas A&M
62	62	University System [the department].
63	63	(b) The division is managed by a chief appointed by the
64	64	[public safety director of the department, with the approval of
65	65	the] governor. The chief serves at the pleasure of the governor
66	66	[public safety director]. The chief must possess professional
67	67	training and knowledge consisting of not less than five years of
68	68	managerial or strategic planning experience in matters relating to
69	69	public safety, security, emergency services, and emergency
70	70	response.
71	71	(c) At least once every two months, the following shall meet
72	72	to coordinate efforts, prevent overlap of activities, and ensure
73	73	that the state's approach to emergency management and homeland
74	74	security is unified:
75	75	(1) a representative of the department;
76	76	(2) a representative of the division;
77	77	(3) [a representative of the governor's office of
78	78	homeland security;
79	79	[(4)] the presiding officer of the Homeland Security
80	80	Council; and
81	81	(4) [(5)] a state agency representative from the
82	82	emergency management council, selected by the chair of the
83	83	emergency management council.
84	84	(d) The division shall employ other coordinating and
85	85	planning officers and other professional, technical, secretarial,
86	86	and clerical personnel necessary to the performance of its
87	87	functions.
88	88	(e) The division shall manage and staff the state operations
89	89	center under an agreement with the department.
90	90	SECTION 5. Section 418.050(c), Government Code, is amended
91	91	to read as follows:
92	92	(c) The division, in consultation with representatives of
93	93	affected parties and local emergency management directors, shall
94	94	develop a reentry credentialing process. The division shall
95	95	include the credentialing process in the phased reentry plan. The
96	96	department [Department of Public Safety of the State of Texas]
97	97	shall provide support for the credentialing process.
98	98	SECTION 6. Section 418.051(c), Government Code, is amended
99	99	to read as follows:
100	100	(c) The communications coordination group consists of
101	101	members selected by the division, including representatives of:
102	102	(1) the Texas military forces;
103	103	(2) the department [Department of Public Safety of the
104	104	State of Texas];
105	105	(3) the Federal Emergency Management Agency;
106	106	(4) federal agencies that comprise Emergency Support
107	107	Function No. 2;
108	108	(5) the telecommunications industry, including cable
109	109	service providers, as defined by Section 66.002, Utilities Code;
110	110	(6) electric utilities, as defined by Section 31.002,
111	111	Utilities Code;
112	112	(7) gas utilities, as defined by Sections 101.003 and
113	113	121.001, Utilities Code;
114	114	(8) the National Guard's Joint Continental United
115	115	States Communications Support Environment;
116	116	(9) the National Guard Bureau;
117	117	(10) amateur radio operator groups;
118	118	(11) the Texas A&M Forest Service;
119	119	(12) the Texas Department of Transportation;
120	120	(13) the General Land Office;
121	121	(14) the Texas A&M Engineering Extension Service [of
122	122	The Texas A&M University System];
123	123	(15) the Public Utility Commission of Texas;
124	124	(16) the Railroad Commission of Texas;
125	125	(17) the Department of State Health Services;
126	126	(18) the judicial branch of state government;
127	127	(19) the Texas Association of Regional Councils;
128	128	(20) the United States Air Force Auxiliary Civil Air
129	129	Patrol, Texas Wing;
130	130	(21) each trauma service area regional advisory
131	131	council;
132	132	(22) state agencies, counties, and municipalities
133	133	affected by the emergency, including 9-1-1 agencies; and
134	134	(23) other agencies as determined by the division.
135	135	SECTION 7. (a) On January 1, 2020:
136	136	(1) the administration of the Texas Division of
137	137	Emergency Management shall be transferred from the Department of
138	138	Public Safety of the State of Texas to The Texas A&M University
139	139	System;
140	140	(2) all rules, policies, procedures, and decisions of
141	141	the Department of Public Safety of the State of Texas relating to
142	142	the administration of the Texas Division of Emergency Management
143	143	are continued in effect as rules, policies, procedures, and
144	144	decisions of The Texas A&M University System until superseded by a
145	145	rule or other appropriate action by The Texas A&M University
146	146	System;
147	147	(3) an employee of the Texas Division of Emergency
148	148	Management as operated by the Department of Public Safety of the
149	149	State of Texas becomes an employee of the Texas Division of
150	150	Emergency Management under The Texas A&M University System, and all
151	151	plans and benefits related to that employee are continued in effect
152	152	and without interruption; and
153	153	(4) a reference in law or administrative rule to the
154	154	Department of Public Safety of the State of Texas relating to the
155	155	administration of the Texas Division of Emergency Management means
156	156	The Texas A&M University System.
157	157	(b) For purposes of Subsection (a) of this section, an
158	158	employee described by that subsection is:
159	159	(1) eligible to transfer service credit between the
160	160	Employees Retirement System of Texas and the Teacher Retirement
161	161	System of Texas, as provided by Chapter 805, Government Code,
162	162	without regard to the years of service credit held in either system;
163	163	and
164	164	(2) eligible to participate in the group benefits
165	165	program under Chapter 1551, Insurance Code, effective on the date
166	166	of transfer and is not subject to the waiting period under Section
167	167	1551.1055, Insurance Code.
168	168	(c) Not later than October 1, 2019, the Department of Public
169	169	Safety of the State of Texas and The Texas A&M University System
170	170	shall enter into a memorandum of understanding relating to the
171	171	transfer of the administration of the Texas Division of Emergency
172	172	Management from the Department of Public Safety of the State of
173	173	Texas to The Texas A&M University System as provided by this Act.
174	174	The memorandum must include:
175	175	(1) a timetable and specific steps and methods for the
176	176	transfer on January 1, 2020, of all powers, duties, obligations,
177	177	rights, contracts, leases, records, real or personal property, and
178	178	unspent and unobligated appropriations and other funds relating to
179	179	the administration of the Texas Division of Emergency Management
180	180	from the Department of Public Safety of the State of Texas to The
181	181	Texas A&M University System;
182	182	(2) measures to ensure against any unnecessary
183	183	disruption to the operation of the Texas Division of Emergency
184	184	Management during the transfer process; and
185	185	(3) a provision that the terms of any memorandum of
186	186	understanding entered into previously by the governor, The Texas
187	187	A&M University System, the Department of Public Safety of the State
188	188	of Texas, and the Texas Division of Emergency Management and
189	189	related to the transfer remain in effect until the transfer is
190	190	completed.
191	191	SECTION 8. This Act takes effect September 1, 2019.