TX
Texas Senate Bill SB799

Texas 2019 - 86th Regular

Texas Senate Bill SB799 Compare Versions

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1-S.B. No. 799
1+By: Alvarado, et al. S.B. No. 799
2+ (Murphy)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
5- relating to emergency management and disaster recovery.
7+ relating to the creation of a business advisory council to provide
8+ advice on economic recovery following a disaster.
69 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7- SECTION 1. Section 61.003(6), Education Code, is amended to
8- read as follows:
9- (6) "Other agency of higher education" means The
10- University of Texas System, System Administration; The University
11- of Texas at El Paso [Western University] Museum; The Texas A&M
12- University System, Administrative and General Offices; Texas A&M
13- AgriLife Research [Agricultural Experiment Station]; Texas A&M
14- AgriLife [Agricultural] Extension Service; Rodent and Predatory
15- Animal Control Service (a part of the Texas A&M AgriLife
16- [Agricultural] Extension Service); Texas A&M Engineering
17- Experiment Station (including the Texas A&M Transportation
18- Institute); Texas A&M Engineering Extension Service; Texas A&M
19- Forest Service; Texas Division of Emergency Management; Texas Tech
20- University Museum; Texas State University System, System
21- Administration; Sam Houston Memorial Museum; Panhandle-Plains
22- Historical Museum; Cotton Research Committee of Texas; Texas Water
23- Resources Institute [of Texas]; Texas A&M Veterinary Medical
24- Diagnostic Laboratory; and any other unit, division, institution,
25- or agency which shall be so designated by statute or which may be
26- established to operate as a component part of any public senior
27- college or university, or which may be so classified as provided in
28- this chapter.
29- SECTION 2. Section 88.001, Education Code, is amended to
30- read as follows:
31- Sec. 88.001. AGENCIES AND SERVICES. The agencies and
32- services of the Texas A&M [A & M] University System are:
33- (1) the Texas A&M Forest Service (see Subchapter B of
34- this chapter);
35- (2) [the] Texas A&M AgriLife Research [Agricultural
36- Experiment Station] (see Subchapter C of this chapter);
37- (3) the Texas A&M AgriLife [Agricultural] Extension
38- Service, established by action of the board of directors;
39- (4) the Texas A&M Engineering Experiment Station,
40- established by action of the board of directors;
41- (5) the Texas A&M Engineering Extension Service,
42- established by action of the board of directors;
43- (6) the Texas Division of Emergency Management (see
44- Subchapter C, Chapter 418, Government Code); and
45- (7) [(6)] other agencies and services that may be
46- established by law or by action of the board of directors.
47- SECTION 3. Section 418.013(b), Government Code, is amended
48- to read as follows:
49- (b) The emergency management council is composed of
50- representatives of state agencies, boards, commissions, and
51- organized volunteer groups designated by the head of each entity.
52- At least once each biennium, the governor shall review the
53- composition of the council and, if necessary, update or expand the
54- participating entities.
55- SECTION 4. Section 418.041, Government Code, is amended to
56- read as follows:
57- Sec. 418.041. ORGANIZATION. (a) The Texas Division of
58- Emergency Management is a component [division] of The Texas A&M
59- University System [the department].
60- (b) The division is managed by a chief appointed by the
61- [public safety director of the department, with the approval of
62- the] governor. The chief serves at the pleasure of the governor
63- [public safety director]. The chief must possess professional
64- training and knowledge consisting of not less than five years of
65- managerial or strategic planning experience in matters relating to
66- public safety, security, emergency services, and emergency
67- response.
68- (c) At least once every two months, the following shall meet
69- to coordinate efforts, prevent overlap of activities, and ensure
70- that the state's approach to emergency management and homeland
71- security is unified:
72- (1) a representative of the department;
73- (2) a representative of the division;
74- (3) [a representative of the governor's office of
75- homeland security;
76- [(4)] the presiding officer of the Homeland Security
77- Council; and
78- (4) [(5)] a state agency representative from the
79- emergency management council, selected by the chair of the
80- emergency management council.
81- (d) The division shall employ other coordinating and
82- planning officers and other professional, technical, secretarial,
83- and clerical personnel necessary to the performance of its
84- functions.
85- (e) The division shall manage and staff the state operations
86- center under an agreement with the department.
87- SECTION 5. Section 418.050(c), Government Code, is amended
88- to read as follows:
89- (c) The division, in consultation with representatives of
90- affected parties and local emergency management directors, shall
91- develop a reentry credentialing process. The division shall
92- include the credentialing process in the phased reentry plan. The
93- department [Department of Public Safety of the State of Texas]
94- shall provide support for the credentialing process.
95- SECTION 6. Section 418.051(c), Government Code, is amended
96- to read as follows:
97- (c) The communications coordination group consists of
98- members selected by the division, including representatives of:
99- (1) the Texas military forces;
100- (2) the department [Department of Public Safety of the
101- State of Texas];
102- (3) the Federal Emergency Management Agency;
103- (4) federal agencies that comprise Emergency Support
104- Function No. 2;
105- (5) the telecommunications industry, including cable
106- service providers, as defined by Section 66.002, Utilities Code;
107- (6) electric utilities, as defined by Section 31.002,
108- Utilities Code;
109- (7) gas utilities, as defined by Sections 101.003 and
110- 121.001, Utilities Code;
111- (8) the National Guard's Joint Continental United
112- States Communications Support Environment;
113- (9) the National Guard Bureau;
114- (10) amateur radio operator groups;
115- (11) the Texas A&M Forest Service;
116- (12) the Texas Department of Transportation;
117- (13) the General Land Office;
118- (14) the Texas A&M Engineering Extension Service [of
119- The Texas A&M University System];
120- (15) the Public Utility Commission of Texas;
121- (16) the Railroad Commission of Texas;
122- (17) the Department of State Health Services;
123- (18) the judicial branch of state government;
124- (19) the Texas Association of Regional Councils;
125- (20) the United States Air Force Auxiliary Civil Air
126- Patrol, Texas Wing;
127- (21) each trauma service area regional advisory
128- council;
129- (22) state agencies, counties, and municipalities
130- affected by the emergency, including 9-1-1 agencies; and
131- (23) other agencies as determined by the division.
132- SECTION 7. Subchapter C, Chapter 418, Government Code, is
133- amended by adding Sections 418.054, 418.055, and 418.056 to read as
134- follows:
10+ SECTION 1. Subchapter C, Chapter 418, Government Code, is
11+ amended by adding Section 418.054 to read as follows:
13512 Sec. 418.054. BUSINESS ADVISORY COUNCIL. (a) In this
13613 section, "advisory council" means the business advisory council
13714 established under this section.
13815 (b) The business advisory council is established to provide
13916 advice and expertise on actions state and local governments can
14017 take to assist businesses in recovering from a disaster.
14118 (c) The advisory council is composed of 12 members who
14219 represent business in this state appointed as follows:
14320 (1) four members appointed by the governor;
14421 (2) four members appointed by the lieutenant governor;
14522 and
14623 (3) four members appointed by the speaker of the house
14724 of representatives.
14825 (d) Members of the advisory council serve staggered
14926 four-year terms.
15027 (e) An advisory council member is not entitled to
15128 compensation but is entitled to reimbursement for travel expenses
15229 incurred by the member while conducting the business of the
15330 advisory council.
15431 (f) The advisory council members shall elect a presiding
15532 officer from among the members.
15633 (g) The advisory council shall:
15734 (1) advise the division on policies, rules, and
15835 program operations to assist businesses in recovering from a
15936 disaster;
16037 (2) advise the division on the state resources and
16138 services needed to assist businesses in recovering from a
16239 catastrophic loss of electric power; and
16340 (3) propose solutions to address inefficiencies or
16441 problems in the state or local governmental disaster response with
16542 respect to impact on businesses and the economy.
16643 (h) The advisory council shall meet at the times and
16744 locations determined by the presiding officer, not to exceed four
16845 meetings each year.
16946 (i) Not later than November 1 of each even-numbered year,
17047 the advisory council shall submit a report on the advisory
17148 council's activities, advice, and proposed solutions to the
17249 division, the governor, the lieutenant governor, and the speaker of
17350 the house of representatives.
17451 (j) The division shall provide administrative support to
17552 the advisory council.
17653 (k) Chapter 2110 does not apply to the advisory council.
177- Sec. 418.055. WET DEBRIS WORK GROUP. (a) In this section:
178- (1) "Wet debris" means natural or man-made debris
179- located in bodies of water, including lakes, rivers, streams, bays,
180- bayous, wetlands, and tidal areas, that results from a disaster.
181- (2) "Work group" means the wet debris work group
182- established under this section.
183- (b) The wet debris work group is established and composed of
184- representatives of the division, any other state agencies selected
185- by the division, and local and federal governmental entities.
186- (c) The chief of the division serves as chair of the work
187- group.
188- (d) The work group shall conduct a study to:
189- (1) identify:
190- (A) wet debris removal categories for bodies of
191- water in the state and the applicable laws for each category;
192- (B) current jurisdictions of local, state,
193- federal, and private entities responsible for wet debris removal,
194- including any concurrent, joint, or overlapping roles and
195- responsibilities of those entities;
196- (C) funding sources applicable to each wet debris
197- removal category; and
198- (D) issues that impede wet debris removal; and
199- (2) provide recommendations for:
200- (A) minimizing impediments to wet debris
201- removal;
202- (B) clarifying local, state, federal, and
203- private entities' roles and responsibilities for wet debris
204- removal; and
205- (C) educating interested persons on the results
206- of the study described by this subsection.
207- (e) Not later than November 1, 2020, the work group shall
208- submit a report containing the results of the study described by
209- Subsection (d) to each member of the legislature.
210- (f) The work group is abolished and this section expires
211- January 1, 2021.
212- Sec. 418.056. DISASTER RECOVERY TASK FORCE. (a) The
213- division shall develop a disaster recovery task force to operate
214- throughout the long-term recovery period following natural and
215- man-made disasters by providing specialized assistance for
216- communities and individuals to address financial issues, available
217- federal assistance programs, and recovery and resiliency planning
218- to speed recovery efforts at the local level.
219- (b) The disaster recovery task force may include and use the
220- resources of:
221- (1) any appropriate state agencies, including
222- institutions of higher education; and
223- (2) organized volunteer groups.
224- (c) The disaster recovery task force shall develop
225- procedures for preparing and issuing a report listing each project
226- related to a disaster that qualifies for federal assistance. A
227- report must be submitted to the appropriate federal agencies as
228- soon as practicable after any disaster.
229- (d) Once each quarter, the disaster recovery task force
230- shall brief members of the legislature, legislative staff, and
231- state agency personnel on the response and recovery efforts for
232- previous disasters and any preparation or planning for potential
233- future hazards, threats, or disasters.
234- SECTION 8. As soon as practicable after the effective date
54+ SECTION 2. As soon as practicable after the effective date
23555 of this Act, the governor, lieutenant governor, and speaker of the
23656 house of representatives shall appoint members to the business
23757 advisory council, as required by Section 418.054, Government Code,
23858 as added by this Act, as follows:
23959 (1) the governor shall appoint two members to terms
24060 expiring February 1, 2021, one member to a term expiring February 1,
24161 2022, and one member to a term expiring February 1, 2023;
24262 (2) the lieutenant governor shall appoint one member
24363 to a term expiring February 1, 2021, two members to terms expiring
24464 February 1, 2022, and one member to a term expiring February 1,
24565 2023; and
24666 (3) the speaker of the house of representatives shall
24767 appoint one member to a term expiring February 1, 2021, one member
24868 to a term expiring February 1, 2022, and two members to terms
24969 expiring February 1, 2023.
250- SECTION 9. (a) On September 1, 2019:
251- (1) the administration of the Texas Division of
252- Emergency Management shall be transferred from the Department of
253- Public Safety of the State of Texas to The Texas A&M University
254- System;
255- (2) all rules, policies, procedures, and decisions of
256- the Department of Public Safety of the State of Texas relating to
257- the administration of the Texas Division of Emergency Management
258- are continued in effect as rules, policies, procedures, and
259- decisions of The Texas A&M University System until superseded by a
260- rule or other appropriate action by The Texas A&M University
261- System;
262- (3) an employee of the Texas Division of Emergency
263- Management as operated by the Department of Public Safety of the
264- State of Texas becomes an employee of the Texas Division of
265- Emergency Management under The Texas A&M University System;
266- (4) a reference in law or administrative rule to the
267- Department of Public Safety of the State of Texas relating to the
268- administration of the Texas Division of Emergency Management means
269- The Texas A&M University System; and
270- (5) the Department of Public Safety of the State of
271- Texas is responsible for the employer contribution for the cost of
272- retiree insurance for employees of the Texas Division of Emergency
273- Management who retire from the division before September 1, 2019.
274- (b) Not later than June 1, 2019, the Department of Public
275- Safety of the State of Texas and The Texas A&M University System
276- shall enter into a memorandum of understanding relating to the
277- transfer of the administration of the Texas Division of Emergency
278- Management from the Department of Public Safety of the State of
279- Texas to The Texas A&M University System as provided by this Act.
280- The memorandum must include:
281- (1) a timetable and specific steps and methods for the
282- transfer on September 1, 2019, of all powers, duties, obligations,
283- rights, contracts, leases, records, real or personal property, and
284- unspent and unobligated appropriations and other funds relating to
285- the administration of the Texas Division of Emergency Management
286- from the Department of Public Safety of the State of Texas to The
287- Texas A&M University System;
288- (2) measures to ensure against any unnecessary
289- disruption to the operation of the Texas Division of Emergency
290- Management during the transfer process; and
291- (3) a provision that the terms of any memorandum of
292- understanding entered into previously by the governor, The Texas
293- A&M University System, the Department of Public Safety of the State
294- of Texas, and the Texas Division of Emergency Management and
295- related to the transfer remain in effect until the transfer is
296- completed.
297- SECTION 10. (a) Except as provided by Subsection (b) of
298- this section, this Act takes effect September 1, 2019.
299- (b) Sections 1, 2, 3, 4, 5, 6, and 9 of this Act take effect
300- immediately if this Act receives a vote of two-thirds of all the
301- members elected to each house, as provided by Section 39, Article
302- III, Texas Constitution. If this Act does not receive the vote
303- necessary for immediate effect, Sections 1, 2, 3, 4, 5, 6, and 9 of
304- this Act take effect September 1, 2019.
305- ______________________________ ______________________________
306- President of the Senate Speaker of the House
307- I hereby certify that S.B. No. 799 passed the Senate on
308- April 17, 2019, by the following vote: Yeas 31, Nays 0;
309- May 23, 2019, Senate refused to concur in House amendments and
310- requested appointment of Conference Committee; May 23, 2019, House
311- granted request of the Senate; May 26, 2019, Senate adopted
312- Conference Committee Report by the following vote: Yeas 31,
313- Nays 0.
314- ______________________________
315- Secretary of the Senate
316- I hereby certify that S.B. No. 799 passed the House, with
317- amendments, on May 22, 2019, by the following vote: Yeas 140,
318- Nays 3, two present not voting; May 23, 2019, House granted request
319- of the Senate for appointment of Conference Committee;
320- May 26, 2019, House adopted Conference Committee Report by the
321- following vote: Yeas 145, Nays 1, one present not voting.
322- ______________________________
323- Chief Clerk of the House
324- Approved:
325- ______________________________
326- Date
327- ______________________________
328- Governor
70+ SECTION 3. This Act takes effect September 1, 2019.