By: Kolkhorst, et al. S.B. No. 6
(In the Senate - Filed March 6, 2019; March 7, 2019, read
first time and referred to Committee on Water & Rural Affairs;
March 14, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; March 14, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 6 By: Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to emergency and disaster management, response, and
recovery.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.005, Government Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The training course provided under this section
related to the emergency management responsibilities of officers of
political subdivisions must include training based on the disaster
response guide as required by Section 418.054(b).
SECTION 2. Subchapter C, Chapter 418, Government Code, is
amended by adding Sections 418.054, 418.055, 418.056, 418.057, and
418.058 to read as follows:
Sec. 418.054. DISASTER RESPONSE GUIDE. (a) The division
shall develop a model guide for local officials regarding disaster
response and recovery. The guide must provide a comprehensive
approach to disaster recovery by local officials and include
information on:
(1) contracting for debris removal;
(2) obtaining federal disaster funding;
(3) coordinating the availability and construction of
short-term and long-term housing; and
(4) obtaining assistance from local, state, and
federal volunteer organizations.
(b) The division, in coordination with the Texas A&M
AgriLife Extension Service and the Texas A&M Engineering Extension
Service, shall provide training based on the disaster response
guide as a part of the emergency management training course
provided under Section 418.005.
Sec. 418.055. CATASTROPHIC DEBRIS MANAGEMENT PLAN AND
TRAINING. (a) The division, in consultation with the Emergency
Management Council, the Texas A&M AgriLife Extension Service, the
Texas A&M Engineering Extension Service, the Texas Commission on
Environmental Quality, the Texas Department of Transportation, the
comptroller, and political subdivisions, 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; 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) contracting standards and a model contract
for use in procuring debris removal services following a disaster.
(c) The division shall consult with the comptroller about
including 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.
(d) The Texas A&M Engineering Extension Service, in
coordination with the Texas Commission on Environmental Quality,
shall establish a training program for state agencies and political
subdivisions on the use of trench burners in debris removal.
Sec. 418.056. DISASTER RECOVERY TASK FORCE. (a) The
division shall develop a disaster recovery task force to operate
throughout the long-term recovery period following natural and
man-made disasters by providing specialized assistance for
communities and individuals to address financial issues, available
federal assistance programs, and recovery and resiliency planning
to speed recovery efforts at the local level.
(b) The disaster recovery task force may include and use the
resources of:
(1) The Texas A&M University System, including the
Texas A&M AgriLife Extension Service, the Texas A&M Engineering
Extension Service, and the Texas A&M Forest Service;
(2) other appropriate state agencies; and
(3) organized volunteer groups.
(c) The disaster recovery task force shall develop
procedures for preparing and issuing a report listing each project
related to a disaster that qualifies for federal assistance. A
report must be submitted to the appropriate federal agencies as
soon as practicable after any disaster.
(d) Once each quarter, the disaster recovery task force
shall brief members of the legislature, legislative staff, and
state agency personnel on the response and recovery efforts for
previous disasters and any preparation or planning for potential
future hazards, threats, or disasters.
Sec. 418.057. 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 consists
of the following members:
(1) each member of the Emergency Management Council;
(2) representatives from river authorities appointed
by the governor;
(3) environmental experts appointed by the governor;
and
(4) a representative from the Texas Historical
Commission appointed by the governor.
(c) The study group shall study issues related to preventing
the creation of wet debris and best practices for clearing wet
debris following a disaster, including:
(1) the creation of maintenance programs for bodies of
water in this state;
(2) issues related to the clearance of wet debris on
private property following a disaster; and
(3) potential sources of funding for the clearance of
wet debris following a disaster.
(d) Not later than November 1, 2020, the study group shall
submit a report containing recommendations on the issues described
by Subsection (c) to each member of the legislature.
(e) The study group is abolished and this section expires
January 1, 2021.
Sec. 418.058. EMERGENCY MANAGEMENT WORK GROUP. (a) In
this section:
(1) "Emergency management director" and "emergency
management coordinator" mean the director and coordinator,
respectively, designated under Section 418.1015.
(2) "Work group" means the work group established
under this section.
(b) The division shall establish a work group of persons
knowledgeable on emergency management to study and develop a
proposal for enhancing the training and credentialing of emergency
management directors and emergency management coordinators.
(c) As part of the study and proposal under Subsection (b),
the work group shall:
(1) assess the training and credentials necessary for
emergency management directors and emergency management
coordinators to effectively oversee the response to and recovery
from a disaster; and
(2) consult with institutions of higher education as
defined by Section 61.003, Education Code, on the development of
degree programs in emergency management in addition to the programs
that exist in this state on September 1, 2019.
(d) In conducting the assessment required by Subsection
(c)(1), the work group shall consider:
(1) whether the differences in geography, population,
and critical infrastructure between emergency management
directors' or emergency management coordinators' jurisdictions
warrant different levels of training and credentialing;
(2) whether the legislature should enact laws
requiring an emergency management director or emergency management
coordinator to participate in emergency management training and
credentialing before overseeing the response to and recovery from a
disaster;
(3) whether to implement incentives for emergency
management directors, emergency management coordinators, and any
other emergency management personnel to complete additional
training and continuing education; and
(4) proposals for paying the cost for training for
emergency management directors and emergency management
coordinators that is more rigorous than the training required by
law for the directors and coordinators on September 1, 2019.
(e) Not later than November 1, 2020, the work group shall
submit the proposal required under this section to the governor,
lieutenant governor, speaker of the house of representatives, and
members of the legislature.
(f) The work group is abolished and this section expires
January 1, 2021.
SECTION 3. 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 418.055,
Government Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2019.
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