Texas 2023 - 88th Regular

Texas House Bill HB2858 Compare Versions

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1	1	88R4259 MCK-F
2	2	By: Morales Shaw, et al. H.B. No. 2858
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state and local government disaster preparedness.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 418.054(a), Government Code, is amended
10	10	to read as follows:
11	11	(a) The division shall develop a model guide for local
12	12	officials regarding disaster response and recovery. The guide must
13	13	provide a comprehensive approach to disaster recovery by local
14	14	officials and include information on:
15	15	(1) contracting for debris removal;
16	16	(2) obtaining federal disaster funding;
17	17	(3) coordinating the availability and construction of
18	18	short-term and long-term housing; [and]
19	19	(4) obtaining assistance from local, state, and
20	20	federal volunteer organizations; and
21	21	(5) planning practices for developing and reviewing
22	22	local and interjurisdictional emergency management plans under
23	23	Section 418.106 to ensure:
24	24	(A) the needs of the community's vulnerable
25	25	populations, including persons with disabilities, persons who are
26	26	homeless, and low-income households, are accurately identified;
27	27	(B) the emergency management plans address the
28	28	needs identified under Paragraph (A); and
29	29	(C) the community resources that vulnerable
30	30	populations rely on remain available during a disaster.
31	31	SECTION 2. Section 418.106(b), Government Code, is amended
32	32	to read as follows:
33	33	(b) The plan must provide for:
34	34	(1) wage, price, and rent controls and other economic
35	35	stabilization methods in the event of a disaster; [and]
36	36	(2) curfews, blockades, and limitations on utility use
37	37	in an area affected by a disaster, rules governing entrance to and
38	38	exit from the affected area, and other security measures;
39	39	(3) integrated and inclusive operations specific to
40	40	individuals with disabilities to afford those individuals an
41	41	equitable opportunity to benefit from all disaster response and
42	42	recovery measures, programs, services, and activities;
43	43	(4) the increase in the capabilities of local
44	44	emergency shelters in the provision of shelter and care for
45	45	individuals with disabilities during a disaster;
46	46	(5) wellness checks for individuals with disabilities
47	47	in the manner provided by Subchapter J, Chapter 418, Government
48	48	Code, as added by Chapter 863 (S.B. 968), Acts of the 87th
49	49	Legislature, Regular Session, 2021;
50	50	(6) the establishment of minimum health-related
51	51	standards for short-term and long-term shelter operations for
52	52	shelters operated with state funds or receiving state assistance;
53	53	(7) an emergency notification system that notifies
54	54	individuals with disabilities of a disaster or emergency and of any
55	55	actions the individuals should take to prepare for or respond to the
56	56	disaster or emergency;
57	57	(8) personnel surge capacity during a disaster,
58	58	including plans for providing lodging and meals for disaster relief
59	59	workers and volunteers; and
60	60	(9) horizontal integration of emergency preparedness
61	61	and response plans required for licensed facilities and providers
62	62	serving individuals with disabilities.
63	63	SECTION 3. Section 418.186(a), Government Code, is amended
64	64	to read as follows:
65	65	(a) The Department of State Health Services shall establish
66	66	a program designed to educate the citizens of this state on disaster
67	67	and emergency preparedness, response, and recovery. Before
68	68	establishing the program, the department must collaborate with
69	69	local authorities to prevent state efforts that are duplicative of
70	70	local efforts. The program must address:
71	71	(1) types of disasters or other emergencies;
72	72	(2) the appropriate response to each type of disaster
73	73	or emergency, including options for evacuation and shelter;
74	74	(3) how to prepare for each type of disaster or
75	75	emergency;
76	76	(4) the impact of each type of disaster or emergency on
77	77	citizens requiring medical assistance or other care;
78	78	(5) ways to respond in a disaster or emergency or to
79	79	assist the victims of a disaster or emergency; [and]
80	80	(6) resources and supplies for disaster or emergency
81	81	recovery; and
82	82	(7) the resources, services, and programs that are
83	83	available to address the needs of persons with disabilities during
84	84	a disaster or other emergency.
85	85	SECTION 4. Section 418.1882, Government Code, is amended by
86	86	amending Subsection (a) and adding Subsection (a-1) to read as
87	87	follows:
88	88	(a) With the direction, oversight, and approval of the
89	89	division and the assistance of the Department of State Health
90	90	Services, health care facilities, county officials, trauma service
91	91	area regional advisory councils, and other appropriate entities,
92	92	each council of government, regional planning commission, or
93	93	similar regional planning agency created under Chapter 391, Local
94	94	Government Code, shall, as part of a crisis standards of care plan,
95	95	develop a regional plan for personnel surge capacity during
96	96	disasters, including plans for providing lodging and meals for
97	97	disaster relief workers and volunteers.
98	98	(a-1) The Department of State Health Services Preparedness
99	99	Coordinating Council shall create a framework and provide guidance
100	100	for the development of crisis standards of care plans. In
101	101	developing the crisis standards of care framework, the council
102	102	shall consult with the Department of State Health Services, health
103	103	care facilities, county officials, trauma service area regional
104	104	advisory councils, and each council of government, regional
105	105	planning commission, or similar regional planning agency created
106	106	under Chapter 391, Local Government Code.
107	107	SECTION 5. Section 418.192(c), Government Code, is amended
108	108	to read as follows:
109	109	(c) The emergency notification system for which a contract
110	110	is entered into under Subsection (b) must rely on a dynamic
111	111	information database that:
112	112	(1) is capable of simultaneous transmission of
113	113	emergency messages to all recipients through at least two
114	114	industry-standard gateways to one or more telephones or electronic
115	115	devices owned by a recipient in a manner that does not negatively
116	116	impact the existing communications infrastructure;
117	117	(2) allows the public service provider to:
118	118	(A) store prewritten emergency messages in the
119	119	dynamic information database for subsequent use; [and]
120	120	(B) generate emergency messages in real time
121	121	based on provider inputs; and
122	122	(C) send emergency messages in both audio and
123	123	visual formats;
124	124	(3) allows a recipient to select the language in which
125	125	the recipient would prefer to receive messages;
126	126	(4) transmits the message in the recipient's language
127	127	of choice to that recipient;
128	128	(5) converts text messages to sound files and
129	129	transmits those sound files to the appropriate device;
130	130	(6) assigns recipients to priority groups for
131	131	notification;
132	132	(7) allows for the collection and verification of
133	133	responses by recipients of emergency messages; and
134	134	(8) reads or receives alerts from a commercial mobile
135	135	alert system established by the Federal Communications Commission
136	136	or complies with standards adopted for a commercial mobile alert
137	137	system established by the Federal Communications Commission.
138	138	SECTION 6. Section 421.002(b), Government Code, is amended
139	139	to read as follows:
140	140	(b) The governor's homeland security strategy shall
141	141	coordinate homeland security activities among and between local,
142	142	state, and federal agencies and the private sector and must include
143	143	specific plans for:
144	144	(1) intelligence gathering and analysis;
145	145	(2) information sharing;
146	146	(3) reducing the state's vulnerability to homeland
147	147	security emergencies;
148	148	(4) protecting critical infrastructure;
149	149	(5) protecting the state's international border,
150	150	ports, and airports;
151	151	(6) detecting, deterring, and defending against
152	152	terrorism, including cyber-terrorism and biological, chemical, and
153	153	nuclear terrorism;
154	154	(7) positioning equipment, technology, and personnel
155	155	to improve the state's ability to respond to a homeland security
156	156	emergency;
157	157	(8) directing the Texas Fusion Center and giving the
158	158	center certain forms of authority to implement the governor's
159	159	homeland security strategy; [and]
160	160	(9) using technological resources to:
161	161	(A) facilitate the interoperability of
162	162	government technological resources, including data, networks, and
163	163	applications;
164	164	(B) coordinate the warning and alert systems of
165	165	state and local agencies;
166	166	(C) incorporate multidisciplinary approaches to
167	167	homeland security; and
168	168	(D) improve the security of governmental and
169	169	private sector information technology and information resources;
170	170	and
171	171	(10) building community resilience and reducing
172	172	long-term vulnerability for persons with disabilities by
173	173	implementing inclusive disaster and emergency planning practices
174	174	at all levels of government.
175	175	SECTION 7. Section 81.0813(d), Health and Safety Code, is
176	176	amended to read as follows:
177	177	(d) A declaration or order issued under this section must
178	178	include:
179	179	(1) a description of the nature of the disaster or
180	180	emergency;
181	181	(2) a designation of the area threatened by the
182	182	disaster or emergency;
183	183	(3) a description of the condition that created the
184	184	disaster or emergency; [and]
185	185	(4) the threshold event for implementing crisis
186	186	standards of care; and
187	187	(5) if applicable:
188	188	(A) the reason for renewing the disaster or
189	189	emergency; or
190	190	(B) the reason for terminating the disaster or
191	191	emergency.
192	192	SECTION 8. This Act takes effect September 1, 2023.