S.B. No. 799
AN ACT
relating to emergency management and disaster recovery.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.003(6), Education Code, is amended to
read as follows:
(6) "Other agency of higher education" means The
University of Texas System, System Administration; The University
of Texas at El Paso [Western University] Museum; The Texas A&M
University System, Administrative and General Offices; Texas A&M
AgriLife Research [Agricultural Experiment Station]; Texas A&M
AgriLife [Agricultural] Extension Service; Rodent and Predatory
Animal Control Service (a part of the Texas A&M AgriLife
[Agricultural] Extension Service); Texas A&M Engineering
Experiment Station (including the Texas A&M Transportation
Institute); Texas A&M Engineering Extension Service; Texas A&M
Forest Service; Texas Division of Emergency Management; Texas Tech
University Museum; Texas State University System, System
Administration; Sam Houston Memorial Museum; Panhandle-Plains
Historical Museum; Cotton Research Committee of Texas; Texas Water
Resources Institute [of Texas]; Texas A&M Veterinary Medical
Diagnostic Laboratory; and any other unit, division, institution,
or agency which shall be so designated by statute or which may be
established to operate as a component part of any public senior
college or university, or which may be so classified as provided in
this chapter.
SECTION 2. Section 88.001, Education Code, is amended to
read as follows:
Sec. 88.001. AGENCIES AND SERVICES. The agencies and
services of the Texas A&M [A & M] University System are:
(1) the Texas A&M Forest Service (see Subchapter B of
this chapter);
(2) [the] Texas A&M AgriLife Research [Agricultural
Experiment Station] (see Subchapter C of this chapter);
(3) the Texas A&M AgriLife [Agricultural] Extension
Service, established by action of the board of directors;
(4) the Texas A&M Engineering Experiment Station,
established by action of the board of directors;
(5) the Texas A&M Engineering Extension Service,
established by action of the board of directors;
(6) the Texas Division of Emergency Management (see
Subchapter C, Chapter 418, Government Code); and
(7) [(6)] other agencies and services that may be
established by law or by action of the board of directors.
SECTION 3. Section 418.013(b), Government Code, is amended
to read as follows:
(b) The emergency management council is composed of
representatives of state agencies, boards, commissions, and
organized volunteer groups designated by the head of each entity.
At least once each biennium, the governor shall review the
composition of the council and, if necessary, update or expand the
participating entities.
SECTION 4. Section 418.041, Government Code, is amended to
read as follows:
Sec. 418.041. ORGANIZATION. (a) The Texas Division of
Emergency Management is a component [division] of The Texas A&M
University System [the department].
(b) The division is managed by a chief appointed by the
[public safety director of the department, with the approval of
the] governor. The chief serves at the pleasure of the governor
[public safety director]. The chief must possess professional
training and knowledge consisting of not less than five years of
managerial or strategic planning experience in matters relating to
public safety, security, emergency services, and emergency
response.
(c) At least once every two months, the following shall meet
to coordinate efforts, prevent overlap of activities, and ensure
that the state's approach to emergency management and homeland
security is unified:
(1) a representative of the department;
(2) a representative of the division;
(3) [a representative of the governor's office of
homeland security;
[(4)] the presiding officer of the Homeland Security
Council; and
(4) [(5)] a state agency representative from the
emergency management council, selected by the chair of the
emergency management council.
(d) The division shall employ other coordinating and
planning officers and other professional, technical, secretarial,
and clerical personnel necessary to the performance of its
functions.
(e) The division shall manage and staff the state operations
center under an agreement with the department.
SECTION 5. Section 418.050(c), Government Code, is amended
to read as follows:
(c) The division, in consultation with representatives of
affected parties and local emergency management directors, shall
develop a reentry credentialing process. The division shall
include the credentialing process in the phased reentry plan. The
department [Department of Public Safety of the State of Texas]
shall provide support for the credentialing process.
SECTION 6. Section 418.051(c), Government Code, is amended
to read as follows:
(c) The communications coordination group consists of
members selected by the division, including representatives of:
(1) the Texas military forces;
(2) the department [Department of Public Safety of the
State of Texas];
(3) the Federal Emergency Management Agency;
(4) federal agencies that comprise Emergency Support
Function No. 2;
(5) the telecommunications industry, including cable
service providers, as defined by Section 66.002, Utilities Code;
(6) electric utilities, as defined by Section 31.002,
Utilities Code;
(7) gas utilities, as defined by Sections 101.003 and
121.001, Utilities Code;
(8) the National Guard's Joint Continental United
States Communications Support Environment;
(9) the National Guard Bureau;
(10) amateur radio operator groups;
(11) the Texas A&M Forest Service;
(12) the Texas Department of Transportation;
(13) the General Land Office;
(14) the Texas A&M Engineering Extension Service [of
The Texas A&M University System];
(15) the Public Utility Commission of Texas;
(16) the Railroad Commission of Texas;
(17) the Department of State Health Services;
(18) the judicial branch of state government;
(19) the Texas Association of Regional Councils;
(20) the United States Air Force Auxiliary Civil Air
Patrol, Texas Wing;
(21) each trauma service area regional advisory
council;
(22) state agencies, counties, and municipalities
affected by the emergency, including 9-1-1 agencies; and
(23) other agencies as determined by the division.
SECTION 7. Subchapter C, Chapter 418, Government Code, is
amended by adding Sections 418.054, 418.055, and 418.056 to read as
follows:
Sec. 418.054. BUSINESS ADVISORY COUNCIL. (a) In this
section, "advisory council" means the business advisory council
established under this section.
(b) The business advisory council is established to provide
advice and expertise on actions state and local governments can
take to assist businesses in recovering from a disaster.
(c) The advisory council is composed of 12 members who
represent business in this state appointed as follows:
(1) four members appointed by the governor;
(2) four members appointed by the lieutenant governor;
and
(3) four members appointed by the speaker of the house
of representatives.
(d) Members of the advisory council serve staggered
four-year terms.
(e) An advisory council member is not entitled to
compensation but is entitled to reimbursement for travel expenses
incurred by the member while conducting the business of the
advisory council.
(f) The advisory council members shall elect a presiding
officer from among the members.
(g) The advisory council shall:
(1) advise the division on policies, rules, and
program operations to assist businesses in recovering from a
disaster;
(2) advise the division on the state resources and
services needed to assist businesses in recovering from a
catastrophic loss of electric power; and
(3) propose solutions to address inefficiencies or
problems in the state or local governmental disaster response with
respect to impact on businesses and the economy.
(h) The advisory council shall meet at the times and
locations determined by the presiding officer, not to exceed four
meetings each year.
(i) Not later than November 1 of each even-numbered year,
the advisory council shall submit a report on the advisory
council's activities, advice, and proposed solutions to the
division, the governor, the lieutenant governor, and the speaker of
the house of representatives.
(j) The division shall provide administrative support to
the advisory council.
(k) Chapter 2110 does not apply to the advisory council.
Sec. 418.055. WET DEBRIS WORK GROUP. (a) In this section:
(1) "Wet debris" means natural or man-made debris
located in bodies of water, including lakes, rivers, streams, bays,
bayous, wetlands, and tidal areas, that results from a disaster.
(2) "Work group" means the wet debris work group
established under this section.
(b) The wet debris work 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 work
group.
(d) The work group shall conduct a study to:
(1) identify:
(A) wet debris removal categories for bodies of
water in the state and the applicable laws for each category;
(B) current jurisdictions of local, state,
federal, and private entities responsible for wet debris removal,
including any concurrent, joint, or overlapping roles and
responsibilities of those entities;
(C) funding sources applicable to each wet debris
removal category; and
(D) issues that impede wet debris removal; and
(2) provide recommendations for:
(A) minimizing impediments to wet debris
removal;
(B) clarifying local, state, federal, and
private entities' roles and responsibilities for wet debris
removal; and
(C) educating interested persons on the results
of the study described by this subsection.
(e) Not later than November 1, 2020, the work group shall
submit a report containing the results of the study described by
Subsection (d) to each member of the legislature.
(f) The work group is abolished and this section expires
January 1, 2021.
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) any appropriate state agencies, including
institutions of higher education; and
(2) 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.
SECTION 8. As soon as practicable after the effective date
of this Act, the governor, lieutenant governor, and speaker of the
house of representatives shall appoint members to the business
advisory council, as required by Section 418.054, Government Code,
as added by this Act, as follows:
(1) the governor shall appoint two members to terms
expiring February 1, 2021, one member to a term expiring February 1,
2022, and one member to a term expiring February 1, 2023;
(2) the lieutenant governor shall appoint one member
to a term expiring February 1, 2021, two members to terms expiring
February 1, 2022, and one member to a term expiring February 1,
2023; and
(3) the speaker of the house of representatives shall
appoint one member to a term expiring February 1, 2021, one member
to a term expiring February 1, 2022, and two members to terms
expiring February 1, 2023.
SECTION 9. (a) On September 1, 2019:
(1) the administration of the Texas Division of
Emergency Management shall be transferred from the Department of
Public Safety of the State of Texas to The Texas A&M University
System;
(2) all rules, policies, procedures, and decisions of
the Department of Public Safety of the State of Texas relating to
the administration of the Texas Division of Emergency Management
are continued in effect as rules, policies, procedures, and
decisions of The Texas A&M University System until superseded by a
rule or other appropriate action by The Texas A&M University
System;
(3) an employee of the Texas Division of Emergency
Management as operated by the Department of Public Safety of the
State of Texas becomes an employee of the Texas Division of
Emergency Management under The Texas A&M University System;
(4) a reference in law or administrative rule to the
Department of Public Safety of the State of Texas relating to the
administration of the Texas Division of Emergency Management means
The Texas A&M University System; and
(5) the Department of Public Safety of the State of
Texas is responsible for the employer contribution for the cost of
retiree insurance for employees of the Texas Division of Emergency
Management who retire from the division before September 1, 2019.
(b) Not later than June 1, 2019, the Department of Public
Safety of the State of Texas and The Texas A&M University System
shall enter into a memorandum of understanding relating to the
transfer of the administration of the Texas Division of Emergency
Management from the Department of Public Safety of the State of
Texas to The Texas A&M University System as provided by this Act.
The memorandum must include:
(1) a timetable and specific steps and methods for the
transfer on September 1, 2019, of all powers, duties, obligations,
rights, contracts, leases, records, real or personal property, and
unspent and unobligated appropriations and other funds relating to
the administration of the Texas Division of Emergency Management
from the Department of Public Safety of the State of Texas to The
Texas A&M University System;
(2) measures to ensure against any unnecessary
disruption to the operation of the Texas Division of Emergency
Management during the transfer process; and
(3) a provision that the terms of any memorandum of
understanding entered into previously by the governor, The Texas
A&M University System, the Department of Public Safety of the State
of Texas, and the Texas Division of Emergency Management and
related to the transfer remain in effect until the transfer is
completed.
SECTION 10. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2019.
(b) Sections 1, 2, 3, 4, 5, 6, and 9 of this Act take effect
immediately if this Act receives a vote of two-thirds of all the
members elected to each house, as provided by Section 39, Article
III, Texas Constitution. If this Act does not receive the vote
necessary for immediate effect, Sections 1, 2, 3, 4, 5, 6, and 9 of
this Act take effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 799 passed the Senate on
April 17, 2019, by the following vote: Yeas 31, Nays 0;
May 23, 2019, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 23, 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. 799 passed the House, with
amendments, on May 22, 2019, by the following vote: Yeas 140,
Nays 3, two present not voting; May 23, 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 145, Nays 1, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor