Law:Title 4. Executive Branch. Subtitle B. Law Enforcement And Public Protection from Chapter 418. Emergency Management (Texas)

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Subtitle B. Law Enforcement And Public Protection

Contents

Chapter 418. Emergency Management

Subchapter A. General Provisions

Section  418.001.  Short Title.

This chapter may be cited as the Texas Disaster Act of 1975.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section 418.002.  Purposes.

The purposes of this chapter are to:

(1)  reduce vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action;

(2)  prepare for prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster;

(3)  provide a setting conducive to the rapid and orderly restoration and rehabilitation of persons and property affected by disasters;

(4)  clarify and strengthen the roles of the governor, state agencies, the judicial branch of state government, and local governments in prevention of, preparation for, response to, and recovery from disasters;

(5)  authorize and provide for cooperation in disaster mitigation, preparedness, response, and recovery;

(6)  authorize and provide for coordination of activities relating to disaster mitigation, preparedness, response, and recovery by agencies and officers of this state, and similar state-local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate;

(7)  provide an emergency management system embodying all aspects of predisaster preparedness and postdisaster response;

(8)  assist in mitigation of disasters caused or aggravated by inadequate planning for and regulation of public and private facilities and land use;  and

(9)  provide the authority and mechanism to respond to an energy emergency.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 5.03, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1281, Sec. 3, eff. June 19, 2009.



Section 418.003.  Limitations.

This chapter does not:

(1)  limit the governor's authority to apply for, administer, or expend any grant, gift, or payment in aid of disaster mitigation, preparedness, response, or recovery;

(2)  interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;

(3)  interfere with dissemination of news or comment on public affairs, but any communications facility or organization, including radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster or potential disaster;

(4)  affect the jurisdiction or responsibilities of police forces, fire-fighting forces, units of the armed forces of the United States, or of any of their personnel when on active duty, but state, local, and interjurisdictional emergency management plans shall place reliance on the forces available for performance of functions related to disasters;

(5)  except as provided by Section 418.184, authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition; or

(6)  limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution or laws of this state independent of or in conjunction with any provisions of this chapter.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 18, Sec. 1, eff. April 27, 2007.



Section  418.004.  Definitions.

In this chapter:

(1)  "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, extreme heat, other public calamity requiring emergency action, or energy emergency.

(2)  "Division" means the Texas Division of Emergency Management.

(3)  "Energy emergency" means a temporary statewide, regional, or local shortage of petroleum, natural gas, or liquid fuel energy supplies that makes emergency measures necessary to reduce demand or allocate supply.

(4)  "Interjurisdictional agency" means a disaster agency maintained by and serving more than one political subdivision.

(5)  "Organized volunteer group" means an organization such as the American National Red Cross, the Salvation Army, the Civil Air Patrol, the Radio Amateur Civil Emergency Services, a volunteer fire department, a volunteer rescue squad, or other similar organization recognized by federal or state statute, regulation, or memorandum.

(6)  "Political subdivision" means a county or incorporated city.

(6-a)  "Public facility" has the meaning assigned by Section 102, Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5122).

(7)  "Temporary housing" has the meaning assigned by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288, as amended.

(8)  "Joint board" means a board created under Section 22.074, Transportation Code, whose constituent agencies are populous home-rule municipalities as defined by Section 22.071, Transportation Code.

(9)  "Department" means the Department of Public Safety of the State of Texas.

(10)  "Local government entity" means a county, incorporated city, independent school district, public junior college district, emergency services district, other special district, joint board, or other entity defined as a political subdivision under the laws of this state that maintains the capability to provide mutual aid.

(11)  "Mutual aid" means a homeland security activity, as defined by Section 421.001, performed under the system or a written mutual aid agreement.

(12)  "Requesting local government entity" means a local government entity requesting mutual aid assistance under the system.

(13)  "Responding local government entity" means a local government entity providing mutual aid assistance in response to a request under the system.

(14)  "System" means the Texas Statewide Mutual Aid System.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 497, Sec. 1, eff. June 12, 1995; Acts 1997, 75th Leg., ch. 992, Sec. 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 33, Sec. 1, eff. May 14, 2003; Acts 2003, 78th Leg., ch. 72, Sec. 1, eff. May 16, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1337, Sec. 6, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.01, eff. June 6, 2007.

Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.08, eff. June 6, 2007.

Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.01, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.08, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 185, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 2A.01, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.01, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 6.14, eff. September 1, 2009.



Section 418.005.  Emergency Management Training.

(a) This section applies only to an elected law enforcement officer or county judge, or an appointed public officer of the state or of a political subdivision, who has management or supervisory responsibilities and:

(1)  whose position description, job duties, or assignment includes emergency management responsibilities; or

(2)  who plays a role in emergency preparedness, response, or recovery.

(b)  Each person described by Subsection (a) shall complete a course of training provided or approved by the division of not less than three hours regarding the responsibilities of state and local governments under this chapter not later than the 180th day after the date the person:

(1)  takes the oath of office, if the person is required to take an oath of office to assume the person's duties as a public officer; or

(2)  otherwise assumes responsibilities as a public officer, if the person is not required to take an oath of office to assume the person's duties.

(c)  The division shall develop and provide a training course related to the emergency management responsibilities of state-level officers and a training course related to the emergency management responsibilities of officers of political subdivisions.  The division shall ensure that the training courses satisfy the requirements of Subsection (b).

(d)  The division may provide the training and may also approve any acceptable course of training offered by a governmental body or other entity.  The division shall ensure that at least one course of training approved or provided by the division is available on videotape or a functionally similar and widely available medium at no cost.

(e)  The division or other entity providing the training shall provide a certificate of course completion to public officers who complete the training required by this section.  A public officer who completes the training required by this section shall maintain and make available for public inspection the record of the public officer's completion of the training.

(f)  The failure of one or more public officers of the state or a political subdivision to complete the training required by this section does not affect the validity of an action taken by the state or the political subdivision.

(g)  The hours spent in a training course required by Subsection (b) may be applied toward the continuing education requirements for county commissioners under Section 81.0025, Local Government Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 19.01, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.02, eff. September 1, 2009.



Section 418.006.  Civil Liability.

An officer or employee of a state or local agency, or a volunteer acting at the direction of an officer or employee of a state or local agency, is considered for purposes of Section 431.085 to be a member of the state military forces ordered into active service of the state by proper authority and is considered to be discharging a duty in that capacity if the person is performing an activity related to sheltering or housing individuals in connection with the evacuation of an area stricken or threatened by disaster.

Added by Acts 2009, 81st Leg., R.S., Ch. 1408, Sec. 1, eff. September 1, 2009.



Subchapter B. Powers And Duties Of Governor

Section  418.011.  Responsibility Of Governor.

The governor is responsible for meeting:

(1)  the dangers to the state and people presented by disasters; and

(2)  disruptions to the state and people caused by energy emergencies.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.012.  Executive Orders.

Under this chapter, the governor may issue executive orders, proclamations, and regulations and amend or rescind them. Executive orders, proclamations, and regulations have the force and effect of law.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.013.  Emergency Management Council.

(a) The governor by executive order may establish an emergency management council to advise and assist the governor in all matters relating to disaster mitigation, preparedness, response, and recovery.

(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.

(c)  The emergency management council shall make recommendations to the Department of Public Safety as to which private emergency organizations, such as the American National Red Cross, the Salvation Army, Radio Amateur Civil Emergency Service, and other similar organizations with the capability to supplement the state's resources in disaster situations, should be authorized to operate certain vehicles as designated emergency vehicles in the case of a disaster.

(d)  The emergency management council shall assist the division in identifying, mobilizing, and deploying state resources to respond to major emergencies and disasters throughout the state.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 3, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 5.01, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.03, eff. September 1, 2009.



Section  418.014.  Declaration Of State Of Disaster.

(a) The governor by executive order or proclamation may declare a state of disaster if the governor finds a disaster has occurred or that the occurrence or threat of disaster is imminent.

(b)  Except as provided by Subsection (c), the state of disaster continues until the governor:

(1)  finds that:

(A)  the threat or danger has passed; or

(B)  the disaster has been dealt with to the extent that emergency conditions no longer exist; and

(2)  terminates the state of disaster by executive order.

(c)  A state of disaster may not continue for more than 30 days unless renewed by the governor. The legislature by law may terminate a state of disaster at any time. On termination by the legislature, the governor shall issue an executive order ending the state of disaster.

(d)  An executive order or proclamation issued under this section must include:

(1)  a description of the nature of the disaster;

(2)  a designation of the area threatened; and

(3)  a description of the conditions that have brought the state of disaster about or made possible the termination of the state of disaster.

(e)  An executive order or proclamation shall be disseminated promptly by means intended to bring its contents to the attention of the general public.  An order or proclamation shall be filed promptly with the division, the secretary of state, and the county clerk or city secretary in each area to which it applies unless the circumstances attendant on the disaster prevent or impede the filing.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 2B.03, eff. September 1, 2009.



Section  418.015.  Effect Of Disaster Declaration.

(a) An executive order or proclamation declaring a state of disaster:

(1)  activates the disaster recovery and rehabilitation aspects of the state emergency management plan applicable to the area subject to the declaration; and

(2)  authorizes the deployment and use of any forces to which the plan applies and the use or distribution of any supplies, equipment, and materials or facilities assembled, stockpiled, or arranged to be made available under this chapter or other law relating to disasters.

(b)  The preparedness and response aspects of the state emergency management plan are activated as provided by that plan.

(c)  During a state of disaster and the following recovery period, the governor is the commander in chief of state agencies, boards, and commissions having emergency responsibilities. To the greatest extent possible, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or plans, but this chapter does not restrict the governor's authority to do so by orders issued at the time of the disaster.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 990, Sec. 1

For text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.03a, see other Sec. 418.016.

Section 418.016.  Suspension Of Certain Laws And Rules.

(a) The governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of a state agency if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster.

(b)  On request of a political subdivision, the governor may waive or suspend a deadline imposed by a statute or the orders or rules of a state agency on the political subdivision, including a deadline relating to a budget or ad valorem tax, if the waiver or suspension is reasonably necessary to cope with a disaster.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 990, Sec. 1, eff. June 19, 2009.



Text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.03a

For text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 990, Sec. 1, see other Sec. 418.016.

Section 418.016.  Suspension Of Procedural Laws And Rules.

(a) The governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of a state agency if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster.

(b)  Upon declaration of a state of disaster, enforcement of the regulation of on-premise outdoor signs under Subchapter A, Chapter 216, Local Government Code, by a municipality that is located in a county within, or that is located in a county adjacent to a county within, the disaster area specified by the declaration is suspended to allow licensed or admitted insurance carriers or licensed agents acting on behalf of insurance carriers to erect temporary claims service signage for not more than 30 days or until the end of the declaration of disaster, whichever is earlier.

(c)  A temporary claims service sign shall not:

(1)  be larger than forty square feet in size; and

(2)  be more than five feet in height; and

(3)  be placed in the right of way.

(4)  At the end of the 30 days or the end of the declaration of disaster, whichever is earlier, the insurance carrier or its licensed agents must remove the temporary claims service signage that was erected.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.03a, eff. September 1, 2009.



Section  418.017.  Use Of Public And Private Resources.

(a) The governor may use all available resources of state government and of political subdivisions that are reasonably necessary to cope with a disaster.

(b)  The governor may temporarily reassign resources, personnel, or functions of state executive departments and agencies or their units for the purpose of performing or facilitating emergency services.

(c)  The governor may commandeer or use any private property if the governor finds it necessary to cope with a disaster, subject to the compensation requirements of this chapter.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.018.  Movement Of People.

(a) The governor may recommend the evacuation of all or part of the population from a stricken or threatened area in the state if the governor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery.

(b)  The governor may prescribe routes, modes of transportation, and destinations in connection with an evacuation.

(c)  The governor may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.019.  Restricted Sale And Transportation Of Materials.

The governor may suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section 418.020.  Temporary Housing And Emergency Shelter.

(a) The governor may enter into purchase, lease, or other arrangements with an agency of the United States for temporary housing units to be occupied by disaster victims and may make units available to any political subdivision.

(b)  The governor may assist a political subdivision that is the locus of temporary housing or emergency shelters for disaster victims to acquire sites necessary for temporary housing or emergency shelters and to do all things required to prepare the sites to receive and use temporary housing units or emergency shelters by:

(1)  advancing or lending funds available to the governor from any appropriation made by the legislature or from any other source;

(2)  allocating funds made available by a public or private agency; or

(3)  becoming a copartner with the political subdivision for the execution and performance of any temporary housing or emergency shelter project for disaster victims.

(c)  Under regulations prescribed by the governor, the governor may temporarily suspend or modify for a period of not more than 60 days any public health, safety, zoning, intrastate transportation, or other law or regulation if by proclamation the governor considers the suspension or modification essential to provide temporary housing or emergency shelter for disaster victims.

(d)  Any political subdivision may temporarily or permanently acquire by lease, purchase, or other means sites required for installation of temporary housing units or emergency shelters for disaster victims and may enter into arrangements necessary to prepare or equip the sites to use the housing units or shelters, including arrangements for the purchase of temporary housing units or shelters and the payment of transportation charges.

(e)  A political subdivision that is the locus of temporary housing or emergency shelters for persons moved or evacuated by recommendation or order of the governor may be assisted by any resource available to the state, including the disaster contingency fund, to ensure the political subdivision receives an advance or reimbursement:

(1)  of all expenses, including lost revenue, incurred by the political subdivision associated with the use of public facilities for temporary housing or emergency shelters; and

(2)  of the amounts paid for salaries and benefits of permanently employed, straight-time and regular-time personnel of the political subdivision who perform duties associated with the movement or evacuation of persons into, out of, or through the political subdivision.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 185, Sec. 2, eff. September 1, 2009.



Section  418.021.  Federal Aid For Local Government.

(a) On the governor's determination that a local government of the state has suffered or will suffer a substantial loss of tax and other revenue from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, the governor may apply to the federal government on behalf of the local government for a loan and may receive and disburse the proceeds of an approved loan to the local government.

(b)  The governor may determine the amount needed by a local government to restore or resume its governmental functions and certify that amount to the federal government. The amount sought for the local government may not exceed 25 percent of the annual operating budget of the local government for the fiscal year in which the major disaster occurs.

(c)  The governor may recommend to the federal government, based on the governor's review, the cancellation of all or part of repayment if in the first three full fiscal years following the major disaster the revenues of the local government are insufficient to meet its operating expenses, including additional disaster-related expenses of a municipal operation character.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.022.  Aid For Individuals.

(a) On the governor's determination that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot be otherwise adequately met from other means of assistance, the governor may accept a grant by the federal government to fund the financial assistance, subject to the terms and conditions imposed on the grant. The governor may agree with the federal government or any officer or agency of the United States pledging the state to participate in funding not more than 25 percent of the financial assistance.

(b)  The governor may make financial grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot otherwise adequately be met from other means of assistance. The grants may not exceed an aggregate amount in excess of that established by federal statute for an individual or family in any single major disaster declared by the president of the United States.

(c)  The governor may designate in the state emergency management plan the Department of Human Services or another state agency to carry out the functions of providing financial aid to individuals or families qualified for disaster relief. The designated agency may employ temporary personnel for those functions to be paid from funds appropriated to the agency, from federal funds, or from the disaster contingency fund. The merit system does not apply to the temporary positions. The governor may allocate funds appropriated under this chapter to implement the purposes of this chapter.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.023.  Clearance Of Debris.

(a) Through the use of any state agency or instrumentality, the governor, acting through members of the Emergency Management Council, may clear or remove debris or wreckage from public or private land or water if it threatens public health or safety or public or private property in a state of disaster declared by the governor or major disaster declared by the president of the United States.

(b)  The governor may accept funds from the federal government and use the funds to make grants to a local government for the purpose of removing debris or wreckage from public or private land or water.

(c)  Debris or wreckage may not be removed from public or private property until the affected local government, corporation, organization, or individual presents to the governor or member of the Emergency Management Council an unconditional authorization for removal. Debris or wreckage may not be removed from private property until the state is indemnified against any claim arising from removal. In instances where it is not practical and further delay would create a greater risk to public health or safety, the governor, acting through the Emergency Management Council, may remove debris or wreckage from public or private property without an unconditional authorization or indemnification.

(d)  If the governor provides for clearance of debris or wreckage under this chapter, state employees or other individuals acting by authority of the governor may enter on private land or water to perform tasks necessary to the removal or clearance operation. Except in cases of wilful misconduct, gross negligence, or bad faith, a state employee or agent performing his duties while complying with orders of the governor issued under this chapter is not liable for the death of or injury to a person or for damage to property.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 4, eff. Sept. 1, 1997.



Section  418.024.  Rules.

The governor may adopt rules necessary for carrying out the purposes of this chapter, including rules on:

(1)  standards of eligibility for persons applying for benefits;

(2)  procedures for applying for benefits;

(3)  procedures for the administration, investigation, filing, and approval of applications for benefits;

(4)  procedures for the formation of local or statewide boards to pass on applications for benefits; and

(5)  procedures for appeals of decisions relating to applications for benefits.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Subchapter C. Texas Division Of Emergency Management

Section  418.041.  Organization.

(a) The Texas Division of Emergency Management is a division of 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 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

(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.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 2A.02, eff. September 1, 2009.



Section  418.042.  State Emergency Management Plan.

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Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 365, Sec. 1

 

(a)  The division shall prepare and keep current a comprehensive state emergency management plan.  The plan may include:

(1)  provisions for prevention and minimization of injury and damage caused by disaster;

(2)  provisions for prompt and effective response to disaster;

(3)  provisions for emergency relief;

(4)  provisions for energy emergencies;

(5)  identification of areas particularly vulnerable to disasters;

(6)  recommendations for zoning, building restrictions, and other land-use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other preventive and preparedness measures designed to eliminate or reduce disasters or their impact;

(7)  provisions for assistance to local officials in designing local emergency management plans;

(8)  authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, fire, or other disaster;

(9)  preparation and distribution to the appropriate state and local officials of state catalogs of federal, state, and private assistance programs;

(10)  organization of manpower and channels of assistance;

(11)  coordination of federal, state, and local emergency management activities;

(12)  coordination of the state emergency management plan with the emergency management plans of the federal government;

(13)  coordination of federal and state energy emergency plans;

(14)  provisions for education and training of local officials on activation of the Emergency Alert System established under 47 C.F.R. Part 11;

(15)  provisions for quickly replenishing the food supplies of area food banks or food pantries following a disaster; and

(16)  other necessary matters relating to disasters.

 

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.04

 

(a)  The division shall prepare and keep current a comprehensive state emergency management plan.  The plan may include:

(1)  provisions for prevention and minimization of injury and damage caused by disaster;

(2)  provisions for prompt and effective response to disaster;

(3)  provisions for emergency relief;

(4)  provisions for energy emergencies;

(5)  identification of areas particularly vulnerable to disasters;

(6)  recommendations for zoning, building restrictions, and other land-use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other preventive and preparedness measures designed to eliminate or reduce disasters or their impact;

(7)  provisions for assistance to local officials in designing local emergency management plans;

(8)  authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, fire, or other disaster;

(9)  preparation and distribution to the appropriate state and local officials of state catalogs of federal, state, and private assistance programs;

(10)  organization of manpower and channels of assistance;

(11)  coordination of federal, state, and local emergency management activities;

(12)  coordination of the state emergency management plan with the emergency management plans of the federal government;

(13)  coordination of federal and state energy emergency plans;

(14)  provisions for providing information to local officials on activation of the Emergency Alert System established under 47 C.F.R. Part 11;

(15)  a database of public facilities that may be used under Section 418.017 to shelter individuals during a disaster, including air-conditioned facilities for shelter during an extreme heat disaster and fortified structures for shelter during a wind disaster; and

(16)  other necessary matters relating to disasters.

(b)  In preparing and revising the state emergency management plan, the division shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic organizations, volunteer organizations, and community leaders.

(c)  All or part of the state emergency management plan may be incorporated into regulations of the division or executive orders that have the force and effect of law.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 7.01, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 365, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.04, eff. September 1, 2009.



Section 418.0425.  State Emergency Management Plan Annex.

(a) In this section, "critical water or wastewater facility" means a facility with:

(1)  water supply, treatment, or distribution equipment that is essential to maintain the minimum water pressure requirements established by the governing body of a municipality or the Texas Commission on Environmental Quality; or

(2)  wastewater collection or treatment equipment that is essential to prevent the discharge of untreated wastewater to water in the state.

(b)  The division, in cooperation with the emergency management council, local governments, regional entities, health and medical facilities, volunteer groups, private sector partners, the Federal Emergency Management Agency, and other federal agencies, shall develop an annex to the state emergency management plan that addresses initial response planning for providing essential population support supplies, equipment, and services during the first five days immediately following a disaster. The annex must include:

(1)  plans to make fuel available to, maintain continuing operations of, and assess the backup power available for, all:

(A)  hospitals;

(B)  prisons;

(C)  assisted living facilities licensed under Chapter 247, Health and Safety Code;

(D)  institutions licensed under Chapter 242, Health and Safety Code; and

(E)  other critical facilities determined by the division;

(2)  provisions for interagency coordination of disaster response efforts;

(3)  provisions for the rapid gross assessment of population support needs;

(4)  plans for the clearance of debris from major roadways to facilitate emergency response operations and delivery of essential population support supplies and equipment;

(5)  methods to obtain food, water, and ice for disaster victims through prearranged contracts or suppliers, stockpiled supplies, or plans to request assistance from federal agencies, as appropriate;

(6)  guidelines for arranging temporary points of distribution for disaster relief supplies and standardized procedures for operating those distribution points;

(7)  methods for providing basic medical support for disaster victims, including medical supplies and pharmaceuticals;

(8)  provisions, developed in coordination with fuel suppliers and retailers, for the continued operation of service stations to provide fuel to disaster victims and emergency responders; and

(9)  provisions for the dissemination of emergency information through the media to aid disaster victims.

(c)  The division, in coordination with the Texas Commission on Environmental Quality and electric, gas, water, and wastewater utility providers, shall develop for inclusion in the annex to the state emergency management plan provisions to provide emergency or backup power to restore or continue the operation of critical water or wastewater facilities following a disaster. The provisions must:

(1)  establish an online resource database of available emergency generators configured for transport that are capable of providing backup power for critical water or wastewater facilities following a disaster;

(2)  include procedures for the maintenance, activation, transportation, and redeployment of available emergency generators;

(3)  develop a standardized form for use by a water or wastewater utility provider in developing and maintaining data on the number and type of emergency generators required for the operation of the provider's critical water or wastewater facilities following a disaster; and

(4)  include procedures for water or wastewater utility providers to maintain a current list of generators available in surrounding areas through mutual aid agreements, recognized and coordinated statewide mutual aid programs, and through commercial firms offering generators for rent or lease.

Added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.05, eff. September 1, 2009.



Text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.06

For text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1408, Sec. 2, see other Sec. 418.043.

Section 418.043.  Other Powers And Duties.

The division shall:

(1)  determine requirements of the state and its political subdivisions for food, clothing, and other necessities in event of a disaster;

(2)  procure and position supplies, medicines, materials, and equipment;

(3)  adopt standards and requirements for local and interjurisdictional emergency management plans;

(4)  periodically review local and interjurisdictional emergency management plans;

(5)  coordinate deployment of mobile support units;

(6)  establish and operate training programs and programs of public information or assist political subdivisions and emergency management agencies to establish and operate the programs;

(7)  make surveys of public and private industries, resources, and facilities in the state that are necessary to carry out the purposes of this chapter;

(8)  plan and make arrangements for the availability and use of any private facilities, services, and property and provide for payment for use under terms and conditions agreed on if the facilities are used and payment is necessary;

(9)  establish a register of persons with types of training and skills important in disaster mitigation, preparedness, response, and recovery;

(10)  establish a register of mobile and construction equipment and temporary housing available for use in a disaster;

(11)  assist political subdivisions in developing plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets in a disaster;

(12)  prepare, for issuance by the governor, executive orders and regulations necessary or appropriate in coping with disasters;

(13)  cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster mitigation, preparation, response, and recovery;

(14)  develop a plan to raise public awareness and expand the capability of the information and referral network under Section 531.0312;

(15)  improve the integration of volunteer groups, including faith-based organizations, into emergency management plans;

(16)  cooperate with the Federal Emergency Management Agency to create uniform guidelines for acceptable home repairs following disasters and promote public awareness of the guidelines;

(17)  cooperate with state agencies to:

(A)  encourage the public to participate in volunteer emergency response teams and organizations that respond to disasters; and

(B)  provide information on those programs in state disaster preparedness and educational materials and on Internet websites;

(18)  establish a liability awareness program for volunteers, including medical professionals; and

(19)  do other things necessary, incidental, or appropriate for the implementation of this chapter.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 5, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1162, Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.06, eff. September 1, 2009.



Text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1408, Sec. 2

For text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.06, see other Sec. 418.043.

Section 418.043.  Other Powers And Duties.

The division shall:

(1)  determine requirements of the state and its political subdivisions for food, clothing, and other necessities in event of a disaster;

(2)  procure and position supplies, medicines, materials, and equipment;

(3)  adopt standards and requirements for local and interjurisdictional emergency management plans;

(4)  periodically review local and interjurisdictional emergency management plans;

(5)  coordinate deployment of mobile support units;

(6)  establish and operate training programs and programs of public information or assist political subdivisions and emergency management agencies to establish and operate the programs;

(7)  make surveys of public and private industries, resources, and facilities in the state that are necessary to carry out the purposes of this chapter;

(8)  plan and make arrangements for the availability and use of any private facilities, services, and property and provide for payment for use under terms and conditions agreed on if the facilities are used and payment is necessary;

(9)  establish a register of persons with types of training and skills important in disaster mitigation, preparedness, response, and recovery;

(10)  establish a register of mobile and construction equipment and temporary housing available for use in a disaster;

(11)  assist political subdivisions in developing plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets in a disaster;

(12)  prepare, for issuance by the governor, executive orders and regulations necessary or appropriate in coping with disasters;

(13)  cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster mitigation, preparation, response, and recovery;

(14)  define "individuals with special needs" in the context of a disaster; and

(15)  do other things necessary, incidental, or appropriate for the implementation of this chapter.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 5, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1162, Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1408, Sec. 2, eff. September 1, 2009.



Section  418.044.  Assistance In Development Of Local Plans.

(a) The division shall take an integral part in the development and revision of local and interjurisdictional emergency management plans. For that purpose, the division shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions and emergency management agencies. Those personnel shall consult with the subdivisions and agencies on a regularly scheduled basis and shall make field reviews of the areas, circumstances, and conditions to which particular local and interjurisdictional emergency management plans apply and may suggest revisions.

(b)  The division shall encourage local and interjurisdictional agencies to seek advice from local government, business, labor, industry, agriculture, civic organizations, volunteer organizations, and community leaders.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 6, eff. Sept. 1, 1997.



Section 418.045.  Temporary Personnel.

(a) The division may employ or contract with temporary personnel from funds appropriated to the division, from federal funds, or from the disaster contingency fund.  The merit system does not apply to the temporary or contract positions.

(b)  The division may enroll, organize, train, and equip a cadre of disaster reservists with specialized skills in disaster recovery, hazard mitigation, community outreach, and public information to temporarily augment its permanent staff.  The division may activate enrolled disaster reservists to support recovery operations in the aftermath of a disaster or major emergency and pay them at a daily rate commensurate with their qualifications and experience.  Chapter 654, Chapter 2254, and Subtitle D, Title 10, do not apply in relation to a disaster reservist under this subsection.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 7, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.07, eff. September 1, 2009.



Section  418.046.  Assistance To Aviators.

(a) The division may provide assistance to private aviators, including partial reimbursement for funds expended, to meet the actual costs of aircraft operation in performing search, rescue, or disaster-related functions requested by the governor or the governor's designee.

(b)  Any reimbursement must be limited to the actual cost of aircraft operation not reimbursable from other sources.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.0461.  Assistance To Civil Air Patrol.

The division may provide financial assistance to the Civil Air Patrol, Texas Wing, to support the wing's disaster-related activities that assist the state and state agencies and the wing's training and exercises associated with those activities.

Added by Acts 1995, 74th Leg., ch. 889, Sec. 1, eff. Aug. 28, 1995.



Section  418.047.  Communications.

(a) In cooperation with other state agencies, the division shall ascertain what means exist for rapid and efficient communication in times of disaster.

(a-1)  The division shall coordinate with the Texas Department of Transportation to establish additional methods for disseminating emergency public service messages to motorists, including:

(1)  severe weather advisories;

(2)  AMBER alerts under Subchapter L, Chapter 411; and

(3)  silver alerts under Subchapter M, Chapter 411.

(b)  The division shall consider the desirability of supplementing the communication resources or integrating them into a state or state-federal telecommunication or other communication system or network.

(c)  In studying the character and feasibility of any system or its parts, the division shall evaluate the possibility of its multipurpose use for general state and local governmental purposes.

(d)  The division shall make recommendations to the governor as appropriate.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 8.01, eff. September 1, 2009.



Section 418.048.  Monitoring Weather.

The division shall keep continuously apprised of weather conditions that present danger of climatic activity, such as precipitation, severe enough to constitute a disaster.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.08, eff. September 1, 2009.



Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 2B.051

For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.09, see other Sec. 418.050.

Section 418.050.  Reentry Credentialing Pilot Program.

(a) The division shall consider implementing a pilot program for a reentry credentialing process for reentry into areas previously evacuated because of a disaster or threat of disaster.

Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 2B.051, eff. September 1, 2009.



Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.09

For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 2B.051, see other Sec. 418.050.

Section 418.050.  Phased Reentry Plan.

(a) The division shall develop a phased reentry plan to govern the order in which particular groups of people are allowed to reenter areas previously evacuated because of a disaster or threat of disaster.  The plan may provide different reentry procedures for different types of disasters.

(b)  The phased reentry plan shall:

(1)  recognize the role of local emergency management directors in making decisions regarding the timing and implementation of reentry plans for a disaster; and

(2)  provide local emergency management directors with sufficient flexibility to adjust the plan as necessary to accommodate the circumstances of a particular emergency.

(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 of Public Safety of the State of Texas shall provide support for the credentialing process.

Added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.09, eff. September 1, 2009.



Section 418.051.  Communications Coordination Group.

(a) The communications coordination group shall facilitate interagency coordination and collaboration to provide efficient and effective planning and execution of communications support to joint, interagency, and intergovernmental task forces.

(b)  At the direction of the division, the communications coordination group shall assist with coordination and collaboration during an emergency.

(c)  The communications coordination group consists of members selected by the division, including representatives of:

(1)  the Texas military forces;

(2)  the 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 Forest Service;

(12)  the Texas Department of Transportation;

(13)  the General Land Office;

(14)  the Texas 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.

Added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.10, eff. September 1, 2009.



Subchapter D. Finance

Section  418.071.  State Policy.

It is the intent of the legislature and the policy of the state that funds to meet disaster emergencies always be available.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.073.  Disaster Contingency Fund.

(a) The disaster contingency fund consists of money appropriated to the fund.

(b)   It is the intent of the legislature that in responding to an emergency or disaster, the first recourse of state and local agencies should be to the funds regularly appropriated to those agencies.

 

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 992, Sec. 1

 

(c)  The purposes for which money in the disaster contingency fund may be used include making funds available to a state or local agency that will use the funds to provide assistance to producers of agricultural products affected by or recovering from a disaster caused by severe drought, wildfire, flood, storm, or hurricane.  In this subsection, "agricultural products" includes:

(1)  horticultural, viticultural, forestry, dairy, livestock, poultry, and bee products, including products of exotic livestock as defined by Section 161.001, Agriculture Code; and

(2)  any farm or ranch product, including a product produced by aquaculture as defined by Section 134.001, Agriculture Code.

 

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1250, Sec. 1, and amended by Acts 2009, 81st Leg., R.S., Ch. 1006, Sec. 1

 

(c)  A state or local government entity that participates in disaster preparation or disaster recovery may request and receive funding from the disaster contingency fund to pay for costs incurred by the state or local government entity in preparing for or recovering from a disaster.

(d)  The division shall administer the disaster contingency fund and shall develop and implement rules and procedures for providing emergency assistance from the fund.  The division shall annually report to the speaker of the house of representatives and the lieutenant governor expenditures from the fund, the overall status of the fund, and any changes to rules and procedures regarding the fund.

(f)  A state or local government entity or other eligible entity that receives funding from the disaster contingency fund to pay for costs associated with disaster recovery and that subsequently receives reimbursement from the federal government, an insurer, or another source for those same costs shall reimburse the disaster contingency fund for the reimbursed amounts.  In developing rules and procedures under Subsection (d) the governor's division of emergency management shall prescribe accounting and other procedures necessary to efficiently and effectively implement this subsection.

(g)  Money in the disaster contingency fund may be used to pay for a disaster risk financing instrument using a parametric index based on affected population to leverage available funds and receive proceeds greater than appropriated amounts to pay for extraordinary expenses.

(h)  Money in the disaster contingency fund may be used to provide to a local government entity that is suffering financial hardship as a result of a disaster declared under this chapter funds for the purpose of providing local matching funds for Federal Emergency Management Agency qualifying projects.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 992, Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1250, Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1006, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1006, Sec. 2, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 2B.05, eff. September 1, 2009.



Section  418.074.  Acceptance And Allocation Of Gifts And Grants.

(a) If the federal government, another public or private agency, or an individual offers to the state or through the state to a political subdivision services, equipment, supplies, materials, or funds as a gift, grant, or loan for purposes of emergency services or disaster recovery, the governor (if required by the donor) or the presiding officer of the governing body of the political subdivision may accept the offer on behalf of the state or political subdivision, as applicable.

(b)  If a gift, grant, or loan is accepted by the state, the governor, or the emergency management council or chief of the division if designated by the governor, may dispense the gift, grant, or loan directly to accomplish the purpose for which it was made or may allocate and transfer to a political subdivision services, equipment, supplies, materials, or funds in the amount the governor or the governor's designee may determine.

(c)  Funds received by the state shall be placed in one or more special funds and shall be disbursed by warrants issued by the comptroller on order of the governor or the governor's designee. The governor shall name the designee in a written agreement accepting the funds or in a written authorization filed with the secretary of state. On receipt of an order for disbursement, the comptroller shall issue a warrant without delay.

(d)  If the funds are to be used for purchase of equipment, supplies, or commodities of any kind, it is not necessary that bids be obtained or that the purchases be approved by any other agency.

(e)  A political subdivision may accept and use all services, equipment, supplies, materials, and funds to the full extent authorized by the agreement under which they are received by the state or political subdivision.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 2A.04, eff. September 1, 2009.



Subchapter E. Local And Interjurisdictional Emergency Management

Section  418.101.  All Political Subdivisions Served.

(a) Each political subdivision is within the jurisdiction of and served by the division and by a local or interjurisdictional agency responsible for disaster preparedness and coordination of response.

(b)  The presiding officer of the governing body of each political subdivision shall notify the division of the manner in which the political subdivision is providing or securing an emergency management program, identify the person who heads the agency responsible for the program, and furnish additional pertinent information that the division requires. The person so designated shall accomplish training prescribed by the division.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 9, eff. Sept. 1, 1997.



Section 418.1015.  Emergency Management Directors.

(a) The presiding officer of the governing body of an incorporated city or a county or the chief administrative officer of a joint board is designated as the emergency management director for the officer's political subdivision.

(b)  An emergency management director serves as the governor's designated agent in the administration and supervision of duties under this chapter.  An emergency management director may exercise the powers granted to the governor under this chapter on an appropriate local scale.

(c)  An emergency management director may designate a person to serve as emergency management coordinator.  The emergency management coordinator shall serve as an assistant to the emergency management director for emergency management purposes.

(d)  A person, other than an emergency management director exercising under Subsection (b) a power granted to the governor, may not seize state or federal resources without prior authorization from the division or the state or federal agency having responsibility for those resources.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.02, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.11, eff. September 1, 2009.



Section  418.102.  County Programs.

(a) Each county shall maintain an emergency management program or participate in a local or interjurisdictional emergency management program that, except as otherwise provided by this chapter, has jurisdiction over and serves the entire county or interjurisdictional area.

(b)  The county program is the first channel through which a municipal corporation or a joint board shall request assistance when its resources are exceeded. Requests that exceed the county capability shall be forwarded to the state as prescribed in the state emergency management plan.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 10, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 33, Sec. 2, eff. May 14, 2003.



Section  418.103.  Municipal Programs.

(a) The governor shall determine which municipal corporations need emergency management programs of their own and shall recommend that they be established and maintained. The governor shall make the determinations on the basis of the municipality's disaster vulnerability and capability of response related to population size and concentration.

(b)  The emergency management program of a county must be coordinated with the emergency management programs of municipalities situated in the county but does not apply in a municipality having its own emergency management program.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.104.  Interjurisdictional Programs.

The governor may recommend that a political subdivision establish and maintain a program and form an interjurisdictional agency jointly with one or more other political subdivisions if the governor finds that the establishment and maintenance of a joint program or participation in it is made necessary by circumstances or conditions that make it unusually difficult to provide disaster mitigation, preparedness, response, or recovery services under other provisions of this chapter.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 10, eff. Sept. 1, 1997.



Section  418.105.  Liaison Officers.

(a) Each city that does not have a program and has not made arrangements to secure or participate in the services of an existing program shall designate a liaison officer to facilitate the cooperation and protection of the city in the work of disaster mitigation, preparedness, response, and recovery.

(b)  Each county shall provide an office and a liaison officer to coordinate with state and federal emergency management personnel concerning disaster mitigation, preparedness, response, and recovery activities under other provisions of this chapter.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 10, eff. Sept. 1, 1997.



Section  418.106.  Local And Interjurisdictional Emergency Management Plans.

(a) Each local and interjurisdictional agency shall prepare and keep current an emergency management plan for its area providing for disaster mitigation, preparedness, response, and recovery.

(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.

(c)  The local or interjurisdictional emergency management agency shall prepare in written form and distribute to all appropriate officials a clear and complete statement of the disaster responsibilities of all local agencies and officials and of the disaster channels of assistance.

(d)  Each local or interjurisdictional agency shall conduct at least one public meeting each calendar year to exchange information about its emergency management plan. Each agency shall provide written notice of the date, time, and location of the meeting, not later than the fifth day before the meeting, to the pipeline safety section of the gas services division of the Railroad Commission of Texas.

(e)  An emergency management plan of an agency is excepted from the requirements of Subsection (d) if:

(1)  the emergency management plan contains sensitive information relating to critical infrastructures or facilities; and

(2)  the safety or security of those infrastructures or facilities could be jeopardized by disclosure of the emergency management plan.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 11, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 557, Sec. 1, eff. Sept. 1, 2003.



Section  418.107.  Local Finance.

(a) A political subdivision may make appropriations for emergency management services as provided by law for making appropriations for ordinary expenses.

(b)  Political subdivisions may make agreements for the purpose of organizing emergency management service divisions and provide for a mutual method of financing the organization of units on a basis satisfactory to the subdivisions.

(c)  A local government entity may render mutual aid to other local government entities under mutual aid agreements or the system.

(d)  A political subdivision may issue time warrants for the payment of the cost of any equipment, construction, acquisition, or any improvements for carrying out this chapter. The warrants shall be issued in accordance with Chapter 252, Local Government Code, in the case of a municipality, or Subchapter C, Chapter 262, Local Government Code, in the case of a county. Time warrants issued for financing permanent construction or improvement for emergency management purposes are subject to the right of the voters to require a referendum vote under Section 252.045 or 262.029, Local Government Code, as applicable.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 30, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 1337, Sec. 7, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.03, eff. June 6, 2007.

Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.03, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.12, eff. September 1, 2009.



Section 418.1075.  Suspension Of Deadlines Imposed By Local Law.

(a) Notwithstanding any other law, a deadline imposed by local law on a political subdivision, including a deadline relating to a budget or ad valorem tax, is suspended if:

(1)  the territory of the political subdivision is wholly or partly located in the area of a disaster declared by the president of the United States or the governor; and

(2)  the presiding officer of the political subdivision or, if there is no presiding officer, the political subdivision's governing body, proclaims the political subdivision is unable to comply with the requirement because of the disaster.

(b)  The presiding officer of the political subdivision or, if there is no presiding officer, the political subdivision's governing body, may issue an order ending the suspension of a deadline under this section. A deadline may not be suspended  for  more than 30 days after the date the presiding officer or governing body, as appropriate, makes the proclamation described by Subsection (a)(2).

Added by Acts 2009, 81st Leg., R.S., Ch. 990, Sec. 2, eff. June 19, 2009.



Section 418.108.  Declaration Of Local Disaster.

(a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster.

(b)  A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable.

(c)  An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable.

(d)  A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration.  The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared.

(e)  The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision.

(f)  The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery.

(g)  The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area.

(h)  For purposes of Subsections (f) and (g):

(1)  the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and

(2)  to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails.

(i)  A declaration under this section may include a restriction that exceeds a restriction authorized by Section 352.051, Local Government Code.  A restriction that exceeds a restriction authorized by Section 352.051, Local Government Code, is effective only:

(1)  for 60 hours unless extended by the governor; and

(2)  if the county judge requests the governor to grant an extension of the restriction.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2003, 78th Leg., ch. 33, Sec. 3, eff. May 14, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 274, Sec. 1, eff. June 9, 2005.

Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 17.01, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.13, eff. September 1, 2009.



Section 418.109.  Authority To Render Mutual Aid Assistance. (a) Rep

ealed by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.08, eff. June 15, 2007.

(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.08, eff. June 15, 2007.

(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.08, eff. June 15, 2007.

(d)  A local government entity or organized volunteer group may provide mutual aid assistance on request from another local government entity or organized volunteer group.  The chief or highest ranking officer of the entity from which assistance is requested, with the approval and consent of the presiding officer of the governing body of that entity, may provide that assistance while acting in accordance with the policies, ordinances, and procedures established by the governing body of that entity.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 497, Sec. 2, eff. June 12, 1995; Acts 2003, 78th Leg., ch. 1204, Sec. 2.002, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1337, Sec. 8, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.04, eff. June 6, 2007.

Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.05, eff. June 6, 2007.

Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.08, eff. June 6, 2007.

Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.04, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.05, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.08, eff. June 15, 2007.



Section 418.110.  Statewide Mutual Aid Program For Fire Emergencies.

(a) The division, in consultation with state fire protection agencies and the Texas Commission on Fire Protection, may develop a statewide mutual aid program for fire emergencies.

(b)  A program developed under this section:

(1)  does not alter the legal obligations of a political subdivision participating in the system; and

(2)  must be consistent with the state emergency management plan.

Added by Acts 1997, 75th Leg., ch. 1172, Sec. 5.01, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.06, eff. June 15, 2007.



Section 418.1101.  Plan For Continuity Of Functions.

(a) The governing body of a political subdivision may at any time adopt a plan for the continuity of functions of the political subdivision to be carried out during a disaster declared as provided by law by the president of the United States or the governor or during another catastrophic event.

(b)  The plan may provide for:

(1)  delegating any administrative duty of the governing body of the political subdivision or any official or employee of the political subdivision to another appropriate person;

(2)  establishing orders of succession for performing essential functions of the political subdivision; and

(3)  establishing meeting procedures for the governing body of the political subdivision.

(c)  The plan may not provide for the delegation of a duty that the governing body or official is required to perform by the Texas Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch. 338, Sec. 1, eff. June 15, 2007.

Renumbered from Government Code, Section 418.111 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(26), eff. September 1, 2009.



Section 418.1102.  Exception To Quorum Requirements.

(a) This section applies to a local governmental entity created and operating under the laws of this state, including a political subdivision, school district, or special district or authority.

(b)  Notwithstanding any other law, a quorum is not required for the governing body of a local governmental entity to act if:

(1)  the entity's jurisdiction is wholly or partly located in the area of a disaster declared by the president of the United States or the governor; and

(2)  a majority of the members of the governing body are unable to be present at a meeting of the governing body as a result of the disaster.

Added by Acts 2007, 80th Leg., R.S., Ch. 338, Sec. 1, eff. June 15, 2007.

Renumbered from Government Code, Section 418.112 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(27), eff. September 1, 2009.



Subchapter E-1. Texas Statewide Mutual Aid System

Section 418.111.  Creation Of The Texas Statewide Mutual Aid System.

(a) The Texas Statewide Mutual Aid System is established to provide integrated statewide mutual aid response capability between local government entities without a written mutual aid agreement.

(b)  A request for mutual aid assistance between local government entities is considered to be made under the system, unless the requesting and responding entities are parties to a written mutual aid agreement in effect when the request is made.

(c)  This subchapter does not affect a written mutual aid agreement between local government entities in effect on or before the effective date of this subchapter or restrict the ability of local government entities to enter into a written mutual aid agreement as otherwise authorized by statute after the effective date of this subchapter.  If a request is made between local government entities that are parties to a written mutual aid agreement, the terms of that agreement control the rights and obligations of the parties.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.07, eff. June 6, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.07, eff. June 15, 2007.



Section 418.112.  Administration By Division.

The division shall administer the system.  In administering the system, the division shall encourage and assist political subdivisions in planning and implementing comprehensive all-hazards emergency management programs, including assisting political subdivisions to ensure that the local emergency management plan of each subdivision adequately provides for the rendering and receipt of mutual aid.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.07, eff. June 6, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.07, eff. June 15, 2007.



Section 418.113.  Disaster Districts.

(a) This state is divided into disaster districts to engage in homeland security preparedness and response activities.  The boundaries of the disaster districts coincide with the geographic boundaries of the state planning regions established by the governor under Chapter 391, Local Government Code.

(b)  A disaster district committee is established for each disaster district.  Each committee is composed of local representatives of the state agencies, boards, and commissions and organized volunteer groups with representation on the emergency management council.

(c)  Each disaster district committee shall coordinate with political subdivisions located in the disaster district to ensure that state and federal emergency assets are made available as needed to provide the most efficient and effective response possible.

(d)  The public safety director of the Department of Public Safety of the State of Texas shall appoint a commanding officer from the Texas Highway Patrol to serve as chair of each disaster district committee.  The chair shall:

(1)  inform the state Director of Homeland Security on all matters relating to disasters and emergencies as requested by the state Director of Homeland Security; and

(2)  inform the public safety director of the Department of Public Safety of the State of Texas on all matters as requested by the public safety director.

(e)  Representatives of the emergency management council assigned to each district shall assist the chair of their disaster district committee and provide guidance, counsel, and administrative support as required.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.07, eff. June 6, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.07, eff. June 15, 2007.



Section 418.114.  Procedures For Mutual Aid.

(a) The political subdivisions in each state planning region established by the governor under Chapter 391, Local Government Code, shall agree on procedures that specify the manner in which mutual aid will be provided in response to a request from:

(1)  a political subdivision in the region;

(2)  a political subdivision in another region; or

(3)  this state.

(b)  A copy of the procedures must be provided to the division and the disaster district committee chair.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.07, eff. June 6, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.07, eff. June 15, 2007.



Section 418.115.  Requesting And Providing Mutual Aid Assistance.

(a) A request for mutual aid assistance may be submitted verbally or in writing.  If a request is submitted verbally, it must be confirmed in writing not later than the 30th day after the date the request was made.

(b)  If a request for mutual aid assistance is made to a department or agency of a political subdivision, the chief or highest ranking officer of the department or agency, with the approval and consent of the presiding officer of the governing body of the political subdivision or that officer's designee, may provide the requested assistance in accordance with the policies, ordinances, and procedures established by the governing body of the political subdivision.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.07, eff. June 6, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.07, eff. June 15, 2007.



Section 418.1151.  Assessment Of Ability To Render Assistance.

(a) When contacted with a request for mutual aid assistance, a local government entity shall assess local resources to determine availability of personnel, equipment, and other assistance to respond to the request.

(b)  A responding local government entity may provide assistance to the extent personnel, equipment, and resources are determined to be available.  A local government entity is not required to provide mutual aid assistance unless the entity determines that the entity has sufficient resources to provide assistance, based on current or anticipated events in its jurisdiction.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.07, eff. June 6, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.07, eff. June 15, 2007.



Section 418.1152.  Supervision And Control.

When providing mutual aid assistance under the system:

(1)  the response effort must be organized and function in accordance with the National Incident Management System guidelines;

(2)  the personnel, equipment, and resources of a responding local government entity being used in the response effort are under the operational control of the requesting local government entity unless otherwise agreed;

(3)  direct supervision and control of personnel, equipment, and resources and personnel accountability remain the responsibility of the designated supervisory personnel of the responding local government entity;

(4)  unless otherwise agreed in advance, an emergency medical service organization providing assistance under the system shall use the medical protocols authorized by the organization's medical director;

(5)  the designated supervisory personnel of the responding local government entity shall:

(A)  maintain daily personnel time records, material records, and a log of equipment hours;

(B)  be responsible for the operation and maintenance of the equipment and other resources furnished by the responding local government entity; and

(C)  report work progress to the requesting local government entity; and

(6)  the responding local government entity's personnel and other resources are subject to recall at any time, subject to reasonable notice to the requesting local government entity.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.07, eff. June 6, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.07, eff. June 15, 2007.



Section 418.1153.  Duration Of Aid.

The provision of mutual aid assistance under the system may continue until:

(1)  the services of the responding local government entity are no longer required; or

(2)  the responding local government entity determines that further assistance should not be provided.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.07, eff. June 6, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.07, eff. June 15, 2007.



Section 418.116.  Rights And Privileges.

(a) A person assigned, designated, or ordered to perform duties by the governing body of the local government entity employing the person in response to a request under the system is entitled to receive the same wages, salary, pension, and other compensation and benefits, including injury or death benefits, disability payments, and workers' compensation benefits, for the performance of the duties under the system as though the services were rendered for the entity employing the person.

(b)  The local government entity employing the person is responsible for the payment of wages, salary, pension, and other compensation and benefits associated with the performance of duties under the system.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.07, eff. June 6, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.07, eff. June 15, 2007.



Section 418.117.  License Portability.

If the assistance of a person who holds a license, certificate, permit, or other document evidencing qualification in a professional, mechanical, or other skill is requested by a state agency or local government entity under the system, the person is considered licensed, certified, permitted, or otherwise documented in the political subdivision in which the service is provided as long as the service is required, subject to any limitations imposed by the chief executive officer or the governing body of the requesting state agency or local government entity.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.07, eff. June 6, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.07, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.14, eff. September 1, 2009.



Section 418.118.  Reimbursement Of Costs:  State Request Or Federal Disaster Declaration.

(a) The division shall administer all requests for reimbursement for costs associated with providing mutual aid assistance in response to a request made by the division for an incident resulting in the issuance of a disaster declaration by the president of the United States.  A request for reimbursement made to the division must be made in accordance with procedures developed by the division.

(b)  The division may directly request the provision of mutual aid assistance from any local government entity participating in the system.  If the division requests the provision of assistance and the local government entity responds, the state shall reimburse the actual costs of providing assistance, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred by the responding local government entity.  The state shall pay reimbursements from available state money.  If funds are made available from the disaster contingency fund, the division shall make reimbursement from the disaster contingency fund for eligible expenses to the extent that available state money is inadequate.

(c)  If federal money is available to pay costs associated with the provision of mutual aid assistance in response to a request made by the division, the division shall make the claim for the eligible costs of the responding local government entity on the division's grant application and shall disburse the federal share of the money to the responding local government entity, with sufficient state funds to cover the actual costs incurred by the responding local government entity in providing the assistance.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.07, eff. June 6, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.07, eff. June 15, 2007.



Section 418.1181.  Reimbursement Of Costs:  Request By Local Government Entity. (a)

If a local government entity requests mutual aid assistance from another local government entity under the system, the requesting local government entity shall reimburse the actual costs of providing mutual aid assistance to the responding local government entity, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred by the responding local government entity in response to a request for reimbursement.  Local government entities with a mutual aid agreement when the request for mutual aid assistance is made are subject to the agreement's terms of reimbursement, as provided by Section 418.111.

(b)  The requesting local government entity shall pay the reimbursement from available funds.  If federal money is available to pay costs associated with the provision of mutual aid assistance, the requesting local government entity shall make the claim for the eligible costs of the responding local government entity on the requesting entity's subgrant application and shall disburse the federal share of the money to the responding local government entity, with sufficient local funds to cover the actual costs of the responding local government entity in providing assistance.

Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.07, eff. June 6, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.07, eff. June 15, 2007.



Subchapter F. Disaster Mitigation

Section  418.121.  Duty Of Governor.

(a) In addition to disaster mitigation measures included in the state, local, and interjurisdictional emergency management plans, the governor shall as a continuing duty consider steps that could be taken to mitigate the harmful consequences of disasters.

(b)  At the direction of the governor and pursuant to any other authority and competence a state agency may have, a state agency shall study matters related to disaster mitigation. This includes agencies charged with responsibility in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land use planning, and construction standards.

(c)  The governor shall from time to time make recommendations to the legislature, local governments, and other appropriate public and private entities as may facilitate measures to mitigate the harmful consequences of disasters.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 13, eff. Sept. 1, 1997.



Section  418.122.  State Study Of Land Use And Construction Standards.

(a) The Texas Natural Resource Conservation Commission and other state agencies, in conjunction with the division, shall keep land uses and construction of structures and other facilities under continuing study and shall identify areas that are particularly susceptible to severe land shifting, subsidence, flooding, or other catastrophes.

(b)  The studies shall concentrate on means of reducing or avoiding the dangers and consequences of a catastrophe.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.08, eff. Sept. 1, 1995.



Section  418.123.  Recommendations For Changes In Land Use Or Construction Standards.

(a) The division shall recommend to the governor the changes it considers essential if the division believes, on the basis of the studies under Section 418.122 or other competent evidence that:

(1)  an area is susceptible to a disaster of catastrophic proportions without adequate warning;

(2)  existing building standards and land-use controls in that area are inadequate and could add substantially to the magnitude of the disaster; and

(3)  changes in zoning regulations, other land-use regulations, or building requirements are essential to further the purposes of this subchapter.

(b)  The governor shall review the recommendations. If after public hearing the governor finds the changes are essential, the governor shall make appropriate recommendations to the agencies or local governments with jurisdiction over the area and subject matter.

(c)  If no action or insufficient action pursuant to the governor's recommendations is taken within the time specified by the governor, the governor shall inform the legislature and request legislative action appropriate to mitigate the impact of the disaster.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.124.  Suspension Of Land Use Or Construction Standards.

(a) When the governor makes recommendations under Section 418.123, the governor may suspend the standard or control found to be inadequate to protect the public safety and by rule may place a new standard or control in effect.

(b)  The new standard or control remains in effect until rejected by concurrent resolution of both houses of the legislature or amended by the governor.

(c)  During the time the new standard or control is in effect, it shall be administered and given effect by all appropriate regulatory agencies of the state and of the local governments to which it applies.

(d)  The governor's action under this section is subject to judicial review but is not subject to temporary stay pending litigation.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section 418.126.  Pre-event Disaster Response Contracts.

(a) The General Land Office shall solicit proposals for and enter into one or more pre-event contracts that may be activated by the office in the event of a weather-related disaster declaration to obtain services for debris removal from beaches as needed following the disaster.

(b)  The Texas Department of Transportation shall solicit proposals for and enter into one or more pre-event contracts that may be activated by the department in the event of a weather-related disaster declaration to obtain services for debris removal from the state highway system as needed following the disaster.

(c)  The Texas Department of Housing and Community Affairs shall solicit proposals for and enter into one or more pre-event contracts that may be activated by the department in the event of a weather-related disaster declaration to obtain temporary or emergency housing as needed following the disaster.

(d)  Services obtained under a pre-event contract under this section may be paid for with money from the disaster contingency fund under Section 418.073.

Added by Acts 2009, 81st Leg., R.S., Ch. 1408, Sec. 3, eff. September 1, 2009.



Subchapter G. Citizen Duties And Claims For Compensation

Section  418.151.  Citizen Duties.

(a) Each person in this state shall conduct himself and keep and manage his affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public successfully to manage emergencies. This obligation includes appropriate personal service and use or restriction on the use of property in time of disaster.

(b)  This chapter neither increases nor decreases these obligations but recognizes their existence under the constitution and statutes of this state and the common law.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.152.  Compensation For Services And Property.

(a) Services or the taking or use of property shall be compensated only to the extent that:

(1)  the obligations recognized in this chapter are exceeded in a particular case; and

(2)  the claimant may not be considered to have volunteered services or property without compensation.

(b)  Personal services may not be compensated by the state or a subdivision or agency of the state except under statute or ordinance.

(c)  Compensation for property may be made only if the property was commandeered or otherwise used in coping with a disaster and its use or destruction was ordered by the governor or a member of the disaster forces of this state.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.153.  Compensation Claims.

(a) A person claiming compensation for the use, damage, loss, or destruction of property under this chapter shall file a claim for compensation with the division in the form and manner required by the division.

(b)  Unless the amount of compensation on account of property damage, loss, or destruction is agreed on between the claimant and the division, the amount of compensation is computed in the same manner as compensation due for taking of property under the condemnation laws of this state.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.154.  Certain Claims Excluded.

This subchapter does not apply to or authorize compensation for:

(1)  the destruction or damaging of standing timber or other property in order to provide a firebreak;

(2)  the release of water or breach of impoundments in order to reduce pressure or other danger from actual or threatened flood; or

(3)  contravention of Article I, Section 17, of the Texas Constitution or statutes pertaining to that section.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Subchapter H. Miscellaneous Provisions

Section  418.171.  Qualifications For Rendering Aid.

A person who holds a license, certificate, or other permit issued by a state or political subdivision of any state evidencing the meeting of qualifications for professional, mechanical, or other skills may render aid involving the skill in this state to meet an emergency or disaster. This state shall give due consideration to the license, certificate, or other permit.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.172.  Insurance Coverage.

(a) Property damage insurance covering state facilities may be purchased by agencies of the state if necessary to qualify for federal disaster assistance funds.

(b)  If sufficient funds are not available for the required insurance, an agency may request funding from the disaster contingency fund to purchase the insurance.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.15, eff. September 1, 2009.



Section  418.173.  Penalty For Violation Of Emergency Management Plan.

(a) A state, local, or interjurisdictional emergency management plan may provide that failure to comply with the plan or with a rule, order, or ordinance adopted under the plan is an offense.

(b)  The plan may prescribe a punishment for the offense but may not prescribe a fine that exceeds $1,000 or confinement in jail for a term that exceeds 180 days.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.



Section  418.174.  Personal Liability Exemption Of Member Of Emergency Planning Council Or Local Emergency Planning Committee.

A member of the emergency management council established under Section 418.013 or of a local emergency planning committee established to develop an emergency management program in accordance with Subchapter E of this chapter is not personally liable for civil damages for an action arising from the performance of the person's duties on the council or committee.

Added by Acts 1989, 71st Leg., ch. 851, Sec. 1, eff. Aug. 28, 1989.



Section  418.175.  Certain Information Confidential.

(a) Information that relates to physically or mentally disabled individuals or other individuals with special needs and that is maintained for purposes of emergency management or disaster planning is confidential.

(b)  This section applies to information in the possession of any person, including:

(1)  the state, an agency of the state, a political subdivision, or an agency of a political subdivision; or

(2)  an electric, telecommunications, gas, or water utility.

Added by Acts 1999, 76th Leg., ch. 778, Sec. 1, eff. June 18, 1999. Amended by Acts 2003, 78th Leg., ch. 1312, Sec. 2, eff. June 21, 2003.



Section  418.176.  Confidentiality Of Certain Information Relating To Emergency Response Providers.

(a) Information is confidential if the information is collected, assembled, or maintained by or for a governmental entity for the purpose of preventing, detecting, responding to, or investigating an act of terrorism or related criminal activity and:

(1)  relates to the staffing requirements of an emergency response provider, including a law enforcement agency, a fire-fighting agency, or an emergency services agency;

(2)  relates to a tactical plan of the provider; or

(3)  consists of a list or compilation of pager or telephone numbers, including mobile and cellular telephone numbers, of the provider.

(b)  In this section and Sections 418.177-418.183, "governmental entity" includes the governing body of a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code.

Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.



Section  418.177.  Confidentiality Of Certain Information Relating To Risk Or Vulnerability Assessment.

Information is confidential if the information:

(1)  is collected, assembled, or maintained by or for a governmental entity for the purpose of preventing, detecting, or investigating an act of terrorism or related criminal activity; and

(2)  relates to an assessment by or for a governmental entity, or an assessment that is maintained by a governmental entity, of the risk or vulnerability of persons or property, including critical infrastructure, to an act of terrorism or related criminal activity.

Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.



Section  418.178.  Confidentiality Of Certain Information Relating To Construction Or Assembly Of Weapons.

(a) In this section, "explosive weapon" has the meaning assigned by Section 46.01, Penal Code.

(b)  Information is confidential if it is information collected, assembled, or maintained by or for a governmental entity and:

(1)  is more than likely to assist in the construction or assembly of an explosive weapon or a chemical, biological, radiological, or nuclear weapon of mass destruction; or

(2)  indicates the specific location of:

(A)  a chemical, biological agent, toxin, or radioactive material that is more than likely to be used in the construction or assembly of such a weapon; or

(B)  unpublished information relating to a potential vaccine or to a device that detects biological agents or toxins.

Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.



Section  418.179.  Confidentiality Of Certain Encryption Codes And Security Keys For Communications System.

(a) Information is confidential if the information:

(1)  is collected, assembled, or maintained by or for a governmental entity for the purpose of preventing, detecting, or investigating an act of terrorism or related criminal activity; and

(2)  relates to the details of the encryption codes or security keys for a public communications system.

(b)  This section does not prohibit a governmental entity from making available, at cost, to bona fide local news media, for the purpose of monitoring emergency communications of public interest, the communications terminals used in the entity's trunked communications system that have encryption codes installed.

Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.



Section  418.180.  Confidentiality Of Certain Information Prepared For United States.

Information, other than financial information, in the possession of a governmental entity is confidential if the information:

(1)  is part of a report to an agency of the United States;

(2)  relates to an act of terrorism or related criminal activity; and

(3)  is specifically required to be kept confidential:

(A)  under Section 552.101 because of a federal statute or regulation;

(B)  to participate in a state-federal information sharing agreement; or

(C)  to obtain federal funding.

Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.



Section  418.181.  Confidentiality Of Certain Information Relating To Critical Infrastructure.

Those documents or portions of documents in the possession of a governmental entity are confidential if they identify the technical details of particular vulnerabilities of critical infrastructure to an act of terrorism.

Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.



Section  418.182.  Confidentiality Of Certain Information Relating To Security Systems.

(a) Except as provided by Subsections (b) and (c), information, including access codes and passwords, in the possession of a governmental entity that relates to the specifications, operating procedures, or location of a security system used to protect public or private property from an act of terrorism or related criminal activity is confidential.

(b)  Financial information in the possession of a governmental entity that relates to the expenditure of funds by a governmental entity for a security system is public information that is not excepted from required disclosure under Chapter 552.

(c)  Information in the possession of a governmental entity that relates to the location of a security camera in a private office at a state agency, including an institution of higher education, as defined by Section 61.003, Education Code, is public information and is not excepted from required disclosure under Chapter 552 unless the security camera:

(1)  is located in an individual personal residence for which the state provides security; or

(2)  is in use for surveillance in an active criminal investigation.

Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.



Section  418.183.  Disclosure Of Certain Confidential Information. (a) This S

ection applies only to information that is confidential under Sections 418.175-418.182.

(b)  At any time during a state of disaster, the executive or administrative head of the governmental entity may voluntarily disclose or otherwise make available all or part of the confidential information to another person or another entity if the executive or administrative head believes that the other person or entity has a legitimate need for the information.

(c)  The executive or administrative head of a port, port authority, or navigation district created or operating under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, may voluntarily disclose or otherwise make available all or part of the confidential information to another person if the information:

(1)  is shared in connection with a security network or committee, including a federal or state security committee or task force;

(2)  consists of data, video, or other information on an information-sharing device that is shared with a security network; or

(3)  is shared with an emergency operations center.

(d)  The disclosure or making available of confidential information by a hospital district to a national accreditation body does not waive or affect the confidentiality of the information.

(e)  The disclosure or making available of confidential information under Subsection (b) or (c) does not waive or affect the confidentiality of the information.

(f)  A governmental body subject to Chapter 551 is not required to conduct an open meeting to deliberate information to which this section applies. Notwithstanding Section 551.103(a), the governmental body must make a tape recording of the proceedings of a closed meeting to deliberate the information.

Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.



Section 418.184.  Firearms.

(a) A peace officer who is acting in the lawful execution of the officer's official duties during a state of disaster may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.

(b)  The peace officer shall return a firearm and any ammunition to an individual disarmed under Subsection (a) before ceasing to detain the individual unless the officer:

(1)  arrests the individual for engaging in criminal activity; or

(2)  seizes the firearm as evidence in a criminal investigation.

Added by Acts 2007, 80th Leg., R.S., Ch. 18, Sec. 2, eff. April 27, 2007.



Section 418.185.  Mandatory Evacuation. (a)

This section does not apply to a person who is authorized to be in an evacuated area, including a person who returns to the area under a phased reentry plan or credentialing process under Section 418.050.

(b)  A county judge or mayor of a municipality who orders the evacuation of an area stricken or threatened by a disaster by order may compel persons who remain in the evacuated area to leave and authorize the use of reasonable force to remove persons from the area.

(c)  The governor and a county judge or mayor of a municipality who orders the evacuation of an area stricken or threatened by a disaster by a concurrent order may compel persons who remain in the evacuated area to leave.

(d)  A person is civilly liable to a governmental entity, or a nonprofit agency cooperating with a governmental entity, that conducts a rescue on the person's behalf for the cost of the rescue effort if:

(1)  the person knowingly ignored a mandatory evacuation order under this section and:

(A)  engaged in an activity or course of action that a reasonable person would not have engaged in; or

(B)  failed to take a course of action a reasonable person would have taken;

(2)  the person's actions under Subdivision (1) placed the person or another person in danger; and

(3)  a governmental rescue effort was undertaken on the person's behalf.

(e)  An officer or employee of the state or a political subdivision who issues or is working to carry out a mandatory evacuation order under this section is immune from civil liability for any act or omission within the course and scope of the person's authority under the order.

Added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.16, eff. September 1, 2009.



Section 418.186.  Disaster And Emergency Education.

(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.

(b)  The executive commissioner of the Health and Human Services Commission, in cooperation with the governor, shall adopt rules to create and administer a disaster and emergency education program established under this section.

Added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.16, eff. September 1, 2009.



Section 418.188.  Postdisaster Evaluation.

Not later than the 90th day after the date a request is received from the division, a state agency, political subdivision, or interjurisdictional agency shall conduct an evaluation of the entity's response to a disaster, identify areas for improvement, and issue a report of the evaluation to the division.

Added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.16, eff. September 1, 2009.



Section 418.1881.  Shelter Operations.

The Department of State Health Services shall develop, with the direction, oversight, and approval of the division, an annex to the state emergency management plan that includes provisions for:

(1)  developing medical special needs categories;

(2)  categorizing the requirements of individuals with medical special needs; and

(3)  establishing minimum health-related standards for short-term and long-term shelter operations for shelters operated with state funds or receiving state assistance.

Added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.16, eff. September 1, 2009.



Section 418.1882.  Personnel Surge Capacity Planning.

(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 develop a regional plan for personnel surge capacity during disasters, including plans for providing lodging and meals for disaster relief workers and volunteers.

(b)  Entities developing regional plans for personnel surge capacity with regard to lodging shall consult with representatives of emergency responders, infrastructure and utility repair personnel, and other representatives of agencies, entities, or businesses determined by the division to be essential to the planning process.

Added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.16, eff. September 1, 2009.



Section 418.190.  Agriculture Emergency Response Plan.

(a) In coordination with the division, the Department of Agriculture and the Texas Animal Health Commission shall prepare and keep current an agriculture emergency response plan as an annex to the state emergency management plan.  The plan must include provisions for:

(1)  identifying and assessing necessary training, resource, and support requirements;

(2)  providing information on recovery, relief, and assistance requirements following all types of disasters, including information on biological and radiological response; and

(3)  all other information the Department of Agriculture and the Texas Animal Health Commission determine to be relevant to prepare for an all-hazards approach to agricultural disaster management.

(b)  The Department of Agriculture and the Texas Animal Health Commission shall include the plan developed under Subsection (a) in an annual report to the legislature and the office of the governor.

Added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.16, eff. September 1, 2009.



Section 418.191.  Medical Special Needs Volunteers.

(a) An entity responsible for the care of individuals with medical special needs shall develop and distribute information on volunteering in connection with a disaster.

(b)  The division shall provide information to interested parties and the public regarding how volunteers can be identified and trained to help all groups of people, including those with medical special needs and those who are residents of assisted living facilities.

Added by Acts 2009, 81st Leg., R.S., Ch. 1280, Sec. 1.16, eff. September 1, 2009.


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