2 | | - | (In the Senate - Filed March 8, 2019; March 21, 2019, read |
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3 | | - | first time and referred to Committee on Intergovernmental |
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4 | | - | Relations; April 25, 2019, reported adversely, with favorable |
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5 | | - | Committee Substitute by the following vote: Yeas 6, Nays 1; |
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6 | | - | April 25, 2019, sent to printer.) |
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7 | | - | Click here to see the committee vote |
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8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 2357 By: Lucio |
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9 | 2 | | |
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10 | 3 | | |
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11 | 4 | | A BILL TO BE ENTITLED |
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12 | 5 | | AN ACT |
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13 | 6 | | relating to issues affecting counties and other political |
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14 | 7 | | subdivisions of the state. |
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15 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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16 | 9 | | SECTION 1. Sections 418.005(a), (b), (c), and (e), |
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17 | 10 | | Government Code, are amended to read as follows: |
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18 | 11 | | (a) This section applies only to: |
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19 | 12 | | (1) an elected law enforcement officer or county |
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20 | 13 | | judge, or an appointed public officer of the state or of a political |
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21 | 14 | | subdivision, who has management or supervisory responsibilities |
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22 | 15 | | and: |
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23 | 16 | | (A) [(1)] whose position description, job |
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24 | 17 | | duties, or assignment includes emergency management |
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25 | 18 | | responsibilities; or |
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26 | 19 | | (B) [(2)] who plays a role in emergency |
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27 | 20 | | preparedness, response, or recovery; and |
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28 | 21 | | (2) an emergency management coordinator designated |
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29 | 22 | | under Section 418.1015(c) by the emergency management director of a |
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30 | 23 | | county with a population of 500,000 or more. |
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31 | 24 | | (b) Each person described by Subsection (a) shall complete a |
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32 | 25 | | course of training provided or approved by the division of not less |
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33 | 26 | | than three hours regarding the responsibilities of state and local |
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34 | 27 | | governments under this chapter not later than the 180th day after |
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35 | 28 | | the date the person: |
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36 | 29 | | (1) takes the oath of office, if the person is required |
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37 | 30 | | to take an oath of office to assume the person's duties as a public |
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38 | 31 | | officer; [or] |
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39 | 32 | | (2) otherwise assumes responsibilities as a public |
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40 | 33 | | officer, if the person is not required to take an oath of office to |
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41 | 34 | | assume the person's duties; or |
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42 | 35 | | (3) is designated as an emergency management |
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43 | 36 | | coordinator under Section 418.1015(c). |
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44 | 37 | | (c) The division shall develop and provide a training course |
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45 | 38 | | related to the emergency management responsibilities of |
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46 | 39 | | state-level officers and a training course related to the emergency |
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47 | 40 | | management responsibilities of officers and emergency management |
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48 | 41 | | coordinators of political subdivisions. The division shall ensure |
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49 | 42 | | that the training courses satisfy the requirements of Subsection |
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50 | 43 | | (b). |
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51 | 44 | | (e) The division or other entity providing the training |
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52 | 45 | | shall provide a certificate of course completion to a person |
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53 | 46 | | [public officers] who completes [complete] the training required by |
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54 | 47 | | this section. A person [public officer] who completes the training |
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55 | 48 | | required by this section shall maintain and make available for |
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56 | 49 | | public inspection the record of the person's [public officer's] |
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57 | 50 | | completion of the training. |
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58 | | - | SECTION 2. Section 245.007(a), Local Government Code, is |
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| 51 | + | SECTION 2. Section 418.102, Government Code, is amended by |
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| 52 | + | adding Subsection (a-1) to read as follows: |
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| 53 | + | (a-1) An emergency management program required by |
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| 54 | + | Subsection (a) and maintained by a county, or in which a county |
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| 55 | + | participates, must provide for catastrophic debris management. |
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| 56 | + | SECTION 3. Section 245.007(a), Local Government Code, is |
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74 | | - | SECTION 4. Section 391.0095(e), Local Government Code, is |
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| 72 | + | SECTION 5. Section 387.003(a-1), Local Government Code, is |
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| 73 | + | amended to read as follows: |
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| 74 | + | (a-1) A district may perform inside or outside [the |
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| 75 | + | following functions in] the district a function that benefits the |
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| 76 | + | district and that the county is authorized to perform, including: |
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| 77 | + | (1) the construction, maintenance, or improvement of |
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| 78 | + | roads or highways; |
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| 79 | + | (2) the provision of law enforcement and detention |
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| 80 | + | services; |
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| 81 | + | (3) the maintenance or improvement of libraries, |
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| 82 | + | museums, parks, or other recreational facilities; |
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| 83 | + | (4) the provision of services that benefit the public |
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| 84 | + | health or welfare, including the provision of firefighting and fire |
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| 85 | + | prevention services; or |
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| 86 | + | (5) the promotion of economic development and tourism. |
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| 87 | + | SECTION 6. Section 391.0095(e), Local Government Code, is |
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75 | 88 | | amended to read as follows: |
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76 | 89 | | (e) A commission shall send to the governor, the state |
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77 | 90 | | auditor, [the comptroller,] and the Legislative Budget Board a copy |
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78 | 91 | | of each report and audit required under this section or under |
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79 | 92 | | Section 391.009. The state auditor may review each audit and |
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80 | 93 | | report, subject to a risk assessment performed by the state auditor |
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81 | 94 | | and to the legislative audit committee's approval of including the |
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82 | 95 | | review in the audit plan under Section 321.013, Government Code. If |
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83 | 96 | | the state auditor reviews the audit or report, the state auditor |
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84 | 97 | | must be given access to working papers and other supporting |
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85 | 98 | | documentation that the state auditor determines is necessary to |
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86 | 99 | | perform the review. If the state auditor finds significant issues |
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87 | 100 | | involving the administration or operation of a commission or its |
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88 | 101 | | programs, the state auditor shall report its findings and related |
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89 | 102 | | recommendations to the legislative audit committee, the governor, |
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90 | 103 | | and the commission. The governor and the legislative audit |
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91 | 104 | | committee may direct the commission to prepare a corrective action |
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92 | 105 | | plan or other response to the state auditor's findings or |
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93 | 106 | | recommendations. The legislative audit committee may direct the |
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94 | 107 | | state auditor to perform any additional audit or investigative work |
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95 | 108 | | that the committee determines is necessary. |
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