Texas 2019 - 86th Regular

Texas Senate Bill SB6 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 6
	1	+	86R32350 AAF-D
	2	+	By: Kolkhorst, et al. S.B. No. 6
	3	+	(Morrison)
	4	+	Substitute the following for S.B. No. 6: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to emergency and disaster management, response, and
6	10		recovery.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 418.005, Government Code, is amended by
9	13		adding Subsection (c-1) to read as follows:
10	14		(c-1) The training course provided under this section
11	15		related to the emergency management responsibilities of officers of
12	16		political subdivisions must include training based on the disaster
13	17		response guide as required by Section 418.054(b).
14	18		SECTION 2. Subchapter C, Chapter 418, Government Code, is
15	19		amended by adding Sections 418.054, 418.055, 418.056, and 418.057
16	20		to read as follows:
17	21		Sec. 418.054. DISASTER RESPONSE GUIDE. (a) The division
18	22		shall develop a model guide for local officials regarding disaster
19	23		response and recovery. The guide must provide a comprehensive
20	24		approach to disaster recovery by local officials and include
21	25		information on:
22	26		(1) contracting for debris removal;
23	27		(2) obtaining federal disaster funding;
24	28		(3) coordinating the availability and construction of
25	29		short-term and long-term housing; and
26	30		(4) obtaining assistance from local, state, and
27	31		federal volunteer organizations.
28	32		(b) The division, in coordination with the Texas A&M
29	33		AgriLife Extension Service and the Texas A&M Engineering Extension
30	34		Service, shall provide training based on the disaster response
31	35		guide as a part of the emergency management training course
32	36		provided under Section 418.005.
33	37		Sec. 418.055. CATASTROPHIC DEBRIS MANAGEMENT PLAN AND
34	38		TRAINING. (a) The division, in consultation with any other state
35	39		agencies selected by the division, shall develop a catastrophic
36	40		debris management plan and model guide for use by political
37	41		subdivisions in the event of a disaster.
38	42		(b) The plan must:
39	43		(1) provide a guide for clearance and disposal of
40	44		debris caused by a disaster, including information on preparing for
41	45		debris removal before a disaster; and
42	46		(2) include:
43	47		(A) provisions for the use of trench burners and
44	48		air curtain incinerators of vegetative debris, including
45	49		identifying sources of equipment for use immediately following a
46	50		disaster; and
47	51		(B) contracting standards and a model contract
48	52		for use in procuring debris removal services following a disaster.
49	53		(c) The division shall consult with the comptroller about
50	54		including a contract for debris removal services on the schedule of
51	55		multiple award contracts developed under Subchapter I, Chapter
52	56		2155, or in another cooperative purchasing program administered by
53	57		the comptroller.
54	58		(d) The Texas A&M Engineering Extension Service, in
55	59		coordination with the Texas Commission on Environmental Quality,
56	60		shall establish a training program for state agencies and political
57	61		subdivisions on the use of trench burners in debris removal.
58	62		Sec. 418.056. WET DEBRIS STUDY GROUP. (a) In this
59	63		section, "study group" means the wet debris study group established
60	64		under this section.
61	65		(b) The wet debris study group is established and composed
62	66		of representatives of the division, any other state agencies
63	67		selected by the division, and local and federal governmental
64	68		entities.
65	69		(c) The chief of the division serves as chair of the study
66	70		group.
67	71		(d) The study group shall study issues related to preventing
68	72		the creation of wet debris and best practices for clearing wet
69	73		debris following a disaster, including:
70	74		(1) the creation of maintenance programs for bodies of
71	75		water in this state;
72	76		(2) issues related to the clearance of wet debris on
73	77		private property following a disaster; and
74	78		(3) potential sources of funding for the clearance of
75	79		wet debris following a disaster.
76	80		(e) Not later than November 1, 2020, the study group shall
77	81		submit a report containing recommendations on the issues described
78	82		by Subsection (d) to each member of the legislature.
79	83		(f) The study group is abolished and this section expires
80	84		January 1, 2021.
81	85		Sec. 418.057. EMERGENCY MANAGEMENT WORK GROUP. (a) In
82	86		this section:
83	87		(1) "Emergency management director" and "emergency
84	88		management coordinator" mean the director and coordinator,
85	89		respectively, designated under Section 418.1015.
86	90		(2) "Work group" means the work group established
87	91		under this section.
88	92		(b) The division shall establish a work group of persons
89	93		knowledgeable on emergency management to study and develop a
90	94		proposal for enhancing the training and credentialing of emergency
91	95		management directors, emergency management coordinators, and any
92	96		other emergency management personnel.
93	97		(c) As part of the study and proposal under Subsection (b),
94	98		the work group shall:
95	99		(1) assess the training and credentials necessary for
96	100		emergency management directors, emergency management coordinators,
97	101		and any other emergency management personnel to effectively oversee
98	102		the response to and recovery from a disaster;
99	103		(2) review training courses that are required for
100	104		emergency management directors, emergency management coordinators,
101	105		and any other emergency management personnel in this state on
102	106		September 1, 2019; and
103	107		(3) consult with institutions of higher education as
104	108		defined by Section 61.003, Education Code, on the development of
105	109		degree programs in emergency management in addition to the programs
106	110		that exist in this state on September 1, 2019.
107	111		(d) In conducting the assessment required by Subsection
108	112		(c)(1), the work group shall consider:
109	113		(1) whether the differences in geography, population,
110	114		and critical infrastructure between emergency management
111	115		directors' or emergency management coordinators' jurisdictions
112	116		warrant different levels of training and credentialing;
113	117		(2) whether the legislature should enact laws
114	118		requiring an emergency management director or emergency management
115	119		coordinator to participate in emergency management training and
116	120		credentialing before overseeing the response to and recovery from a
117	121		disaster;
118	122		(3) whether to include in any recommended emergency
119	123		management training under Subdivision (2) information on disaster
120	124		finance, damage assessment, disaster contracting, debris
121	125		management, and the skills needed to participate in federal
122	126		emergency management programs;
123	127		(4) whether to implement incentives for emergency
124	128		management directors, emergency management coordinators, and any
125	129		other emergency management personnel to complete additional
126	130		training and continuing education; and
127	131		(5) proposals for paying the cost for training for
128	132		emergency management directors and emergency management
129	133		coordinators that is more rigorous than the training required by
130	134		law for the directors and coordinators on September 1, 2019.
131	135		(e) Not later than November 1, 2020, the work group shall
132	136		submit the proposal required under this section to the governor,
133	137		lieutenant governor, speaker of the house of representatives, and
134	138		members of the legislature.
135	139		(f) The work group is abolished and this section expires
136	140		January 1, 2021.
137		-	SECTION 3. Chapter 418, Government Code, is amended by
138		-	adding Subchapter C-1 to read as follows:
139		-	SUBCHAPTER C-1. DISASTER RECOVERY LOAN PROGRAM
140		-	Sec. 418.061. DEFINITIONS. In this subchapter:
141		-	(1) "Account" means the disaster recovery loan account
142		-	created under Section 418.066.
143		-	(2) "Eligible political subdivision" means a county,
144		-	municipality, or school district that meets the qualifications
145		-	prescribed by Section 418.062.
146		-	Sec. 418.062. ELIGIBILITY FOR LOAN. A political
147		-	subdivision may apply to the division for a loan under this
148		-	subchapter if:
149		-	(1) the political subdivision:
150		-	(A) is located wholly or partly in an area
151		-	declared to be a disaster area by the governor or the president of
152		-	the United States; and
153		-	(B) before applying to the division for a loan
154		-	under this subchapter:
155		-	(i) has submitted to the division, within
156		-	15 days of the date of its adoption by the governing body of the
157		-	political subdivision, the political subdivision's operating
158		-	budget for the most recent fiscal year; and
159		-	(ii) has submitted an application for a
160		-	loan from the Federal Emergency Management Agency's community
161		-	disaster loan program;
162		-	(2) an assessment of damages due to the disaster for
163		-	which the declaration was made has been conducted in the political
164		-	subdivision; and
165		-	(3) the division, in consultation with the Federal
166		-	Emergency Management Agency, determines that the estimated cost to
167		-	rebuild the political subdivision's infrastructure damaged in the
168		-	disaster is greater than 50 percent of the political subdivision's
169		-	total revenue for the current year as shown in the most recent
170		-	operating budget of the political subdivision submitted to the
171		-	division under this section.
172		-	Sec. 418.063. DISASTER RECOVERY LOAN PROGRAM. The division
173		-	by rule shall establish a loan program to use money from the account
174		-	to provide short-term loans for disaster recovery projects to
175		-	eligible political subdivisions.
176		-	Sec. 418.064. LOANS. (a) A loan made from the account must
177		-	be subject to the following conditions:
178		-	(1) the loan must be made at or below market interest
179		-	rates for a term not to exceed 10 years; and
180		-	(2) the loan proceeds must be expended by the eligible
181		-	political subdivision solely for disaster recovery projects.
182		-	(b) The comptroller shall credit to the account all
183		-	principal and interest payments on a loan from the account.
184		-	(c) If the term of a loan from the account exceeds two years,
185		-	the state auditor shall, on the second anniversary of the date on
186		-	which the eligible political subdivision received the loan, conduct
187		-	a limited audit of the political subdivision to determine whether
188		-	the political subdivision has the ability to repay the loan under
189		-	the terms of the loan. The division may forgive a loan made to an
190		-	eligible political subdivision if the state auditor determines that
191		-	the political subdivision is unable to repay the loan. The state
192		-	auditor's participation under this subsection is subject to
193		-	approval by the legislative audit committee for inclusion in the
194		-	audit plan under Section 321.013(c).
195		-	Sec. 418.065. APPLICATION FOR LOAN. The division shall
196		-	develop and implement an application process for a loan under this
197		-	subchapter. At a minimum, the application must include:
198		-	(1) a description of the disaster recovery project for
199		-	which the applicant is requesting the loan;
200		-	(2) an estimate of the total cost of the project;
201		-	(3) a statement of the amount of federal money that the
202		-	applicant will receive for the project, or, if that information is
203		-	not available on the date the applicant submits the application, an
204		-	estimate of the amount of that money; and
205		-	(4) evidence that the applicant has staff, policies,
206		-	and procedures in place adequate to complete the project.
207		-	Sec. 418.066. CREATION OF ACCOUNT. (a) The disaster
208		-	recovery loan account is created as an account in the general
209		-	revenue fund with the comptroller, to be administered by the
210		-	division.
211		-	(b) Money in the account may be used only to provide
212		-	short-term loans to eligible political subdivisions in the manner
213		-	provided by this subchapter.
214		-	(c) The account consists of:
215		-	(1) money appropriated, credited, or transferred to
216		-	the account by the legislature;
217		-	(2) money received by the comptroller for the
218		-	repayment of a loan made from the account;
219		-	(3) gifts or grants contributed to the account; and
220		-	(4) interest earned on deposits and investments of the
221		-	account.
222		-	Sec. 418.067. RULES. The division shall adopt rules to
223		-	implement and administer this subchapter. The rules adopted by the
224		-	division to implement this subchapter must include the development
225		-	of a form on which a political subdivision may electronically
226		-	submit its budget to the division.
227		-	SECTION 4. (a) In this section:
	141	+	SECTION 3. (a) In this section:
228	142		(1) "Commission" means the Health and Human Services
229	143		Commission.
230	144		(2) "Division" means the Texas Division of Emergency
231	145		Management.
232	146		(b) The commission and the division shall conduct a study to
233	147		determine the feasibility of developing:
234	148		(1) a single intake form that would compile all
235	149		information needed to obtain disaster assistance from multiple
236	150		state and federal programs for an individual who needs assistance
237	151		as a result of a disaster; and
238	152		(2) an automated intake system for collecting the
239	153		information.
240	154		(c) The commission and the division shall coordinate with
241	155		the Federal Emergency Management Agency and other appropriate state
242	156		and federal agencies to conduct the study under Subsection (b) of
243	157		this section. The commission and the division must determine
244	158		whether the Federal Emergency Management Agency and other
245	159		appropriate state and federal agencies will accept the single
246	160		intake form.
247	161		(d) Not later than September 1, 2020, the commission and the
248	162		division shall prepare and submit a written report to the
249	163		legislature containing the findings of the study conducted under
250	164		Subsection (b) of this section and any recommendations to the
251	165		legislature.
252	166		(e) This section expires January 1, 2021.
253		-	SECTION 5. Not later than January 1, 2020, the Texas
	167	+	SECTION 4. Not later than January 1, 2020, the Texas
254	168		Division of Emergency Management shall develop the catastrophic
255	169		debris management plan and model guide required by Section 418.055,
256	170		Government Code, as added by this Act.
257		-	SECTION 6. The Texas Division of Emergency Management is
258		-	required to implement Subchapter C-1, Chapter 418, Government Code,
259		-	as added by this Act, only if the legislature appropriates money
260		-	specifically for that purpose. If the legislature does not
261		-	appropriate money specifically for that purpose, the division may,
262		-	but is not required to, implement that subchapter using other
263		-	appropriations available for that purpose.
264		-	SECTION 7. This Act takes effect September 1, 2019.
265		-	______________________________ ______________________________
266		-	President of the Senate Speaker of the House
267		-	I hereby certify that S.B. No. 6 passed the Senate on
268		-	March 20, 2019, by the following vote: Yeas 31, Nays 0;
269		-	May 24, 2019, Senate refused to concur in House amendments and
270		-	requested appointment of Conference Committee; May 24, 2019, House
271		-	granted request of the Senate; May 26, 2019, Senate adopted
272		-	Conference Committee Report by the following vote: Yeas 31,
273		-	Nays 0.
274		-	______________________________
275		-	Secretary of the Senate
276		-	I hereby certify that S.B. No. 6 passed the House, with
277		-	amendments, on May 22, 2019, by the following vote: Yeas 144,
278		-	Nays 0, two present not voting; May 24, 2019, House granted request
279		-	of the Senate for appointment of Conference Committee;
280		-	May 26, 2019, House adopted Conference Committee Report by the
281		-	following vote: Yeas 143, Nays 0, two present not voting.
282		-	______________________________
283		-	Chief Clerk of the House
284		-	Approved:
285		-	______________________________
286		-	Date
287		-	______________________________
288		-	Governor
	171	+	SECTION 5. This Act takes effect September 1, 2019.