S.B. No. 6
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, and 418.057
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 any other state
agencies selected by the division, 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, including information on preparing for
debris removal before 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. 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 composed
of representatives of the division, any other state agencies
selected by the division, and local and federal governmental
entities.
(c) The chief of the division serves as chair of the study
group.
(d) 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.
(e) Not later than November 1, 2020, the study group shall
submit a report containing recommendations on the issues described
by Subsection (d) to each member of the legislature.
(f) The study group is abolished and this section expires
January 1, 2021.
Sec. 418.057. 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, emergency management coordinators, and any
other emergency management personnel.
(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, emergency management coordinators,
and any other emergency management personnel to effectively oversee
the response to and recovery from a disaster;
(2) review training courses that are required for
emergency management directors, emergency management coordinators,
and any other emergency management personnel in this state on
September 1, 2019; and
(3) 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 include in any recommended emergency
management training under Subdivision (2) information on disaster
finance, damage assessment, disaster contracting, debris
management, and the skills needed to participate in federal
emergency management programs;
(4) 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
(5) 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. Chapter 418, Government Code, is amended by
adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. DISASTER RECOVERY LOAN PROGRAM
Sec. 418.061. DEFINITIONS. In this subchapter:
(1) "Account" means the disaster recovery loan account
created under Section 418.066.
(2) "Eligible political subdivision" means a county,
municipality, or school district that meets the qualifications
prescribed by Section 418.062.
Sec. 418.062. ELIGIBILITY FOR LOAN. A political
subdivision may apply to the division for a loan under this
subchapter if:
(1) the political subdivision:
(A) is located wholly or partly in an area
declared to be a disaster area by the governor or the president of
the United States; and
(B) before applying to the division for a loan
under this subchapter:
(i) has submitted to the division, within
15 days of the date of its adoption by the governing body of the
political subdivision, the political subdivision's operating
budget for the most recent fiscal year; and
(ii) has submitted an application for a
loan from the Federal Emergency Management Agency's community
disaster loan program;
(2) an assessment of damages due to the disaster for
which the declaration was made has been conducted in the political
subdivision; and
(3) the division, in consultation with the Federal
Emergency Management Agency, determines that the estimated cost to
rebuild the political subdivision's infrastructure damaged in the
disaster is greater than 50 percent of the political subdivision's
total revenue for the current year as shown in the most recent
operating budget of the political subdivision submitted to the
division under this section.
Sec. 418.063. DISASTER RECOVERY LOAN PROGRAM. The division
by rule shall establish a loan program to use money from the account
to provide short-term loans for disaster recovery projects to
eligible political subdivisions.
Sec. 418.064. LOANS. (a) A loan made from the account must
be subject to the following conditions:
(1) the loan must be made at or below market interest
rates for a term not to exceed 10 years; and
(2) the loan proceeds must be expended by the eligible
political subdivision solely for disaster recovery projects.
(b) The comptroller shall credit to the account all
principal and interest payments on a loan from the account.
(c) If the term of a loan from the account exceeds two years,
the state auditor shall, on the second anniversary of the date on
which the eligible political subdivision received the loan, conduct
a limited audit of the political subdivision to determine whether
the political subdivision has the ability to repay the loan under
the terms of the loan. The division may forgive a loan made to an
eligible political subdivision if the state auditor determines that
the political subdivision is unable to repay the loan. The state
auditor's participation under this subsection is subject to
approval by the legislative audit committee for inclusion in the
audit plan under Section 321.013(c).
Sec. 418.065. APPLICATION FOR LOAN. The division shall
develop and implement an application process for a loan under this
subchapter. At a minimum, the application must include:
(1) a description of the disaster recovery project for
which the applicant is requesting the loan;
(2) an estimate of the total cost of the project;
(3) a statement of the amount of federal money that the
applicant will receive for the project, or, if that information is
not available on the date the applicant submits the application, an
estimate of the amount of that money; and
(4) evidence that the applicant has staff, policies,
and procedures in place adequate to complete the project.
Sec. 418.066. CREATION OF ACCOUNT. (a) The disaster
recovery loan account is created as an account in the general
revenue fund with the comptroller, to be administered by the
division.
(b) Money in the account may be used only to provide
short-term loans to eligible political subdivisions in the manner
provided by this subchapter.
(c) The account consists of:
(1) money appropriated, credited, or transferred to
the account by the legislature;
(2) money received by the comptroller for the
repayment of a loan made from the account;
(3) gifts or grants contributed to the account; and
(4) interest earned on deposits and investments of the
account.
Sec. 418.067. RULES. The division shall adopt rules to
implement and administer this subchapter. The rules adopted by the
division to implement this subchapter must include the development
of a form on which a political subdivision may electronically
submit its budget to the division.
SECTION 4. (a) In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Division" means the Texas Division of Emergency
Management.
(b) The commission and the division shall conduct a study to
determine the feasibility of developing:
(1) a single intake form that would compile all
information needed to obtain disaster assistance from multiple
state and federal programs for an individual who needs assistance
as a result of a disaster; and
(2) an automated intake system for collecting the
information.
(c) The commission and the division shall coordinate with
the Federal Emergency Management Agency and other appropriate state
and federal agencies to conduct the study under Subsection (b) of
this section. The commission and the division must determine
whether the Federal Emergency Management Agency and other
appropriate state and federal agencies will accept the single
intake form.
(d) Not later than September 1, 2020, the commission and the
division shall prepare and submit a written report to the
legislature containing the findings of the study conducted under
Subsection (b) of this section and any recommendations to the
legislature.
(e) This section expires January 1, 2021.
SECTION 5. 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 6. The Texas Division of Emergency Management is
required to implement Subchapter C-1, Chapter 418, Government Code,
as added by this Act, only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the division may,
but is not required to, implement that subchapter using other
appropriations available for that purpose.
SECTION 7. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 6 passed the Senate on
March 20, 2019, by the following vote: Yeas 31, Nays 0;
May 24, 2019, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 24, 2019, House
granted request of the Senate; May 26, 2019, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 6 passed the House, with
amendments, on May 22, 2019, by the following vote: Yeas 144,
Nays 0, two present not voting; May 24, 2019, House granted request
of the Senate for appointment of Conference Committee;
May 26, 2019, House adopted Conference Committee Report by the
following vote: Yeas 143, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor