88R4259 MCK-F
By: Morales Shaw, et al. H.B. No. 2858
A BILL TO BE ENTITLED
AN ACT
relating to state and local government disaster preparedness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.054(a), Government Code, is amended
to read as follows:
(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; and
(5) planning practices for developing and reviewing
local and interjurisdictional emergency management plans under
Section 418.106 to ensure:
(A) the needs of the community's vulnerable
populations, including persons with disabilities, persons who are
homeless, and low-income households, are accurately identified;
(B) the emergency management plans address the
needs identified under Paragraph (A); and
(C) the community resources that vulnerable
populations rely on remain available during a disaster.
SECTION 2. Section 418.106(b), Government Code, is amended
to read as follows:
(b) The plan must provide for:
(1) wage, price, and rent controls and other economic
stabilization methods in the event of a disaster; [and]
(2) curfews, blockades, and limitations on utility use
in an area affected by a disaster, rules governing entrance to and
exit from the affected area, and other security measures;
(3) integrated and inclusive operations specific to
individuals with disabilities to afford those individuals an
equitable opportunity to benefit from all disaster response and
recovery measures, programs, services, and activities;
(4) the increase in the capabilities of local
emergency shelters in the provision of shelter and care for
individuals with disabilities during a disaster;
(5) wellness checks for individuals with disabilities
in the manner provided by Subchapter J, Chapter 418, Government
Code, as added by Chapter 863 (S.B. 968), Acts of the 87th
Legislature, Regular Session, 2021;
(6) the establishment of minimum health-related
standards for short-term and long-term shelter operations for
shelters operated with state funds or receiving state assistance;
(7) an emergency notification system that notifies
individuals with disabilities of a disaster or emergency and of any
actions the individuals should take to prepare for or respond to the
disaster or emergency;
(8) personnel surge capacity during a disaster,
including plans for providing lodging and meals for disaster relief
workers and volunteers; and
(9) horizontal integration of emergency preparedness
and response plans required for licensed facilities and providers
serving individuals with disabilities.
SECTION 3. Section 418.186(a), Government Code, is amended
to read as follows:
(a) The Department of State Health Services shall establish
a program designed to educate the citizens of this state on disaster
and emergency preparedness, response, and recovery. Before
establishing the program, the department must collaborate with
local authorities to prevent state efforts that are duplicative of
local efforts. The program must address:
(1) types of disasters or other emergencies;
(2) the appropriate response to each type of disaster
or emergency, including options for evacuation and shelter;
(3) how to prepare for each type of disaster or
emergency;
(4) the impact of each type of disaster or emergency on
citizens requiring medical assistance or other care;
(5) ways to respond in a disaster or emergency or to
assist the victims of a disaster or emergency; [and]
(6) resources and supplies for disaster or emergency
recovery; and
(7) the resources, services, and programs that are
available to address the needs of persons with disabilities during
a disaster or other emergency.
SECTION 4. Section 418.1882, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) With the direction, oversight, and approval of the
division and the assistance of the Department of State Health
Services, health care facilities, county officials, trauma service
area regional advisory councils, and other appropriate entities,
each council of government, regional planning commission, or
similar regional planning agency created under Chapter 391, Local
Government Code, shall, as part of a crisis standards of care plan,
develop a regional plan for personnel surge capacity during
disasters, including plans for providing lodging and meals for
disaster relief workers and volunteers.
(a-1) The Department of State Health Services Preparedness
Coordinating Council shall create a framework and provide guidance
for the development of crisis standards of care plans. In
developing the crisis standards of care framework, the council
shall consult with the Department of State Health Services, health
care facilities, county officials, trauma service area regional
advisory councils, and each council of government, regional
planning commission, or similar regional planning agency created
under Chapter 391, Local Government Code.
SECTION 5. Section 418.192(c), Government Code, is amended
to read as follows:
(c) The emergency notification system for which a contract
is entered into under Subsection (b) must rely on a dynamic
information database that:
(1) is capable of simultaneous transmission of
emergency messages to all recipients through at least two
industry-standard gateways to one or more telephones or electronic
devices owned by a recipient in a manner that does not negatively
impact the existing communications infrastructure;
(2) allows the public service provider to:
(A) store prewritten emergency messages in the
dynamic information database for subsequent use; [and]
(B) generate emergency messages in real time
based on provider inputs; and
(C) send emergency messages in both audio and
visual formats;
(3) allows a recipient to select the language in which
the recipient would prefer to receive messages;
(4) transmits the message in the recipient's language
of choice to that recipient;
(5) converts text messages to sound files and
transmits those sound files to the appropriate device;
(6) assigns recipients to priority groups for
notification;
(7) allows for the collection and verification of
responses by recipients of emergency messages; and
(8) reads or receives alerts from a commercial mobile
alert system established by the Federal Communications Commission
or complies with standards adopted for a commercial mobile alert
system established by the Federal Communications Commission.
SECTION 6. Section 421.002(b), Government Code, is amended
to read as follows:
(b) The governor's homeland security strategy shall
coordinate homeland security activities among and between local,
state, and federal agencies and the private sector and must include
specific plans for:
(1) intelligence gathering and analysis;
(2) information sharing;
(3) reducing the state's vulnerability to homeland
security emergencies;
(4) protecting critical infrastructure;
(5) protecting the state's international border,
ports, and airports;
(6) detecting, deterring, and defending against
terrorism, including cyber-terrorism and biological, chemical, and
nuclear terrorism;
(7) positioning equipment, technology, and personnel
to improve the state's ability to respond to a homeland security
emergency;
(8) directing the Texas Fusion Center and giving the
center certain forms of authority to implement the governor's
homeland security strategy; [and]
(9) using technological resources to:
(A) facilitate the interoperability of
government technological resources, including data, networks, and
applications;
(B) coordinate the warning and alert systems of
state and local agencies;
(C) incorporate multidisciplinary approaches to
homeland security; and
(D) improve the security of governmental and
private sector information technology and information resources;
and
(10) building community resilience and reducing
long-term vulnerability for persons with disabilities by
implementing inclusive disaster and emergency planning practices
at all levels of government.
SECTION 7. Section 81.0813(d), Health and Safety Code, is
amended to read as follows:
(d) A declaration or order issued under this section must
include:
(1) a description of the nature of the disaster or
emergency;
(2) a designation of the area threatened by the
disaster or emergency;
(3) a description of the condition that created the
disaster or emergency; [and]
(4) the threshold event for implementing crisis
standards of care; and
(5) if applicable:
(A) the reason for renewing the disaster or
emergency; or
(B) the reason for terminating the disaster or
emergency.
SECTION 8. This Act takes effect September 1, 2023.