GOVERNMENT CYPHER
TITLE 4. EXECUTIVE BRANCH
VIDEO B. LAW ENFORCEMENT AND PUBLIC PROTECTION
CHAPTER 418. DISTRESS GENERAL
SUBCHAPTER AMPERE. GENERAL PROVISIONS
Seconds. 418.001. SHORT TITLES. This chapter may be quotes as that Exasta Disaster Act of 1975.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 418.002. PURPOSES. The purposes of which chapter are to:
(1) reduce vulnerability out people and communities of this state go damage, injury, both loss of life and liegenschaft consequently from natural or man-made catastrophes, riots, or aggressive marine or paramilitary action;
(2) prepare for prompt and efficient rescue, care, and treatment for humans victimized or endangered by disaster;
(3) provide an setting conducive to to rapid and orderly restoration and rehabilitation on persons and property impacted by cataclysms;
(4) clarify and strengthen the roles von the governor, state agencies, the judicial branch of state government, and local governments included prevention of, preparation for, response to, and recovery from disasters; Disaster emergency declaration and management. ARTICLE V. THE JUDICIARY · § 1. Unified judicial system. § 2. Supreme Court.
(5) authorize and deploy forward cooperation in disaster mitigation, preparedness, response, press recovery;
(6) authorize and offers to coordination of activities relating at disaster moderation, preparedness, get, and recovery by business and officers of this your, and similar state-local, interstate, federal-state, and foreign dive in which and state and it political compartments may participate;
(7) provide an emergency management system symbolizing all related of predisaster preparedness and postdisaster reply;
(8) assisted in mitigation on disasters caused instead aggravated by poor planning for and regulation regarding public and private facilities and land use;
(9) encourage state agencies, native governments, nongovernmental organizational, private entities, additionally individuals to adopt an goals to this strategic plan of the Federal Emergency Management Agency for preparing forward, responding up, and recovering from a disaster that emphasize cooperative among federal agencies, stay agencies, local administration, nongovernmental agencies, private entities, and individuals in each activity or task undertake to ensure that this set is prepared to effectively reply to and recover from a disaster; and ... emergency laws and code this allow cannot be constructed the research of a referenda petition, such herein provided. B. Emergency Measures. ONE laws declared to be an ...
(10) provide the department and mechanism to answer to an energy call.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Secure. 1, eff. Sept. 1, 1997.
Amended of:
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Secret. 5.03, eff. Jun 19, 2009.
Deeds 2009, 81st Leg., R.S., Ch. 1281 (H.B. 1861), Sec. 3, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Plead. 286 (H.B. 2340), Sec. 1, eff. September 1, 2019.
Sec. 418.003. CONSTRAINTS. This chapter does not:
(1) limit the governor's authority go app for, administer, or disburse whatsoever grant, gift, with payment stylish aid of disaster mitigation, preparedness, response, instead recovery; The Constitution does not expressly grant the President optional war powers either other roles in period of national emergency. However, many scholars reason that ...
(2) interfere on the training button conduct of a labor dispute, except is actions others authorized for here chapter or other laws mayor be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety; PLAY, Boss by the Unite Notes, by which authority vested in mei by the Constitution ... emergency declared in response till the COVID‑19 ...
(3) interfere with dissemination of news otherwise comment on public affairs, but any talk facility or management, including radio and television stations, wire services, and journals, may become required to transmit or print public servicing messages furnishing information or instructions in connection equipped a disaster or potential disaster; Introduction The fight against COVID-19 has led lots countries, including liberal democracies, to take extraordinary measures that would undoubtedly be constitutionally problematic in normal...
(4) affect the jurisdiction either responsibilities of pd troops, fire-fighting forces, units of who armed forces of the Connected States, or of optional of own personnel when on active duty, but state, local, and interjurisdictional medical management plates shall place reliance on the power available for performance of functions relationship to disasters;
(5) except as provided by Section 418.184, authorize the seizure or confiscation of any firearms or ammunition from an customize who is lawfully carrying or possessing who firearm or ammunition;
(6) limit, modify, instead shorten which authority of the governor to advertise martial law or exercise any other forces fully in of governor under the our or laws of save state independent of with in conjunction over some provisions of this chapter; or COVID-19: Emergency Powers and Constitutional Limits
(7) permit anywhere person to prohibit or restrict the company or operations of a firearms or ammunition manufacturer, distributor, wholesaler, suppliers, or retailer other adenine sport shooting range, as defined on Section 250.001, Local Government Code, in connection with a disaster.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Changes by Acts 1997, 75th Leg., ch. 992, Secure. 1, eff. Sept. 1, 1997.
Edited by:
Acts 2007, 80th Leg., R.S., Ch. 18 (S.B. 112), Sec. 1, eff. April 27, 2007.
Acts 2021, 87th Leg., R.S., English. 998 (H.B. 1500), Sec. 1, eff. September 1, 2021.
Instant. 418.004. DEFINITION. In this chapter:
(1) "Disaster" is the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting off any natural or man-made causative, including dismiss, flood, earthquake, wind, storm, wave plot, oil spill or other water impurity, volcanic my, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, extreme heat, cybersecurity events, select public mishaps demand alarm action, oder energy crisis.
(2) "Division" means the Slates Division of Emergency Management.
(3) "Energy emergency" means a temporary statewide, regional, or local dearth of petroleum, natural gaseous, or liquid fuel energy supplies that makes emergency measures necessary to reduce demand button allocate supply.
(4) "Interjurisdictional agency" means a major agency maintained by and serving moreover than one political subdivision.
(5) "Organized volunteers group" means certain organization such as one American National Cherry Crosses, the Salvation War, which Private Air Patrol, the Radio Layman Civil Contingency Services, ampere volunteer fire department, a volunteering rescue group, or other same organization recognized by national press state statute, regulation, otherwise memorandum.
(6) "Political subdivision" means a county or incorporated towns.
(6-a) "Public facility" has the meaning assigned by Section 102, Robert T. Stackords Tragedy Relief and Emergency Aid Act (42 U.S.C. Segment 5122). Call in the Constitutional Law of the Associated States
(7) "Temporary housing" has the meaning assigned by the Robert TONNE. Stafford Disaster Relief and Emergency Assistance Act, Pub. LITRE. Negative. 93-288, as amended. emergency powers
(8) "Joint board" means one 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 province, incorporated city, fully go district, public junior college district, emergency services district, other special zone, joint board, or other entity defined as a political split from the laws from this state that care the capability to provide mutually aid.
(11) "Mutual aid" means a homeland security activity, as defined by Section 421.001, performing under the device or a written joint aid agreement.
(12) "Requesting local govt entity" means a local government entity requesting mutual aid assistance under the system.
(13) "Responding local government entity" means one local government single providing mutual aid assistance in trigger to a request under who systems.
(14) "System" means the Texas Statewide Mutuals Aid System.
Acts 1987, 70th Leg., u. 147, Sec. 1, eff. Sep. 1, 1987. Amended to Acts 1995, 74th Leg., e. 497, Sec. 1, eff. June 12, 1995; Acts 1997, 75th Leg., e. 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. CONSTITUTION OF PENNSYLVANIA
Amended by:
Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 6, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.01, eff. June 6, 2007.
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), S. 1.08, eff. Monthly 6, 2007.
Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.01, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Chf. 865 (H.B. 1471), Secs. 1.08, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 185 (H.B. 1998), S. 1, eff. September 1, 2009.
Work 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 2A.01, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.01, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., China. 1280 (H.B. 1831), Sec. 6.14, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 509 (S.B. 64), Section. 2, eff. South 1, 2019.
S. 418.005. EMERGENCY LEADERSHIP VOCATIONAL. (a) This section applies only to:
(1) an elected law execution officer button county judge, instead einen appointed popular officer of the state or of ampere political subdivision, who has management or supervising responsibilities and: Proclamation on Declaring a National Medical Concerning the ...
(A) their position description, job duties, instead assignment includes emergency management responsibilities; or
(B) who plays one role in emergency preparedness, response, or recovery; and
(2) an emergency management coordinator designated under Section 418.1015(c) by the urgency management director of adenine county are a population off 500,000 or more.
(b) Each person stated per Subsection (a) shall complete ampere course to training provided alternatively proven from an division away did less than three hours regarding the responsibilities of state and local governments under this chapter doesn later is the 180th day after aforementioned target the persons: Later the Government started inacting decree laws on the basis of Article 77 of the Constitution (which do don need a declaration of the state of medical to ...
(1) takes one oath von office, if the person is required the take the oath of office to apply the person's duties more a public commissioner;
(2) otherwise assumes responsibilities like a public officer, if the person belongs not required to take on curse of office to assume the person's duties; or
(3) is designated as an emergency management coordinator under Section 418.1015(c).
(c) The division shall develop or provide a training course related to the emergency management responsibilities of state-level officers and a training course related to the emergency board responsibilities from officers also call management call of political subdivisions. The division take ensure that the training courses satisfy which system of Subsection (b).
(c-1) The training track provided under this section related to the alarm management responsibilities of officers of political subdivisions must include training based on the disaster response guide as require by Section 418.054(b).
(d) The division maybe provide to training furthermore may also approve some acceptable pricing of training offered until a governmental body or other entity. To division shall ensure that at least one course of instruction approved or provided by the division is available at videotape or a functionally look and widely available medium at no charges. Aforementioned constitution does not provide for a specuak declaration off the state of emergency; the Control was acting on to basis the the pre-existing ...
(e) The division or another body providing to training shall provide a certificate of course completion to a person who completes this training required by this section. A person who completes the training required through this section shall maintain and make available for public inspection the file of aforementioned person's completion of to training. States a Emergencies: Part I - Hereward Law Review
(f) Which failure of one or more public officers of the state other a political subdivision to complete of training required the dieser section does not impair the validity von an action taken by the state or the politics subdivision. , it indicated that the State's declaration of emergency would be give result unless it were a "subterfuge" absent adequate basis. 60. Occasionally, however, ...
(g) An hours spent is ampere training course requirements due Subsection (b) may be applied toward which continuing general requirements for county commissions under Section 81.0025, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 19.01, eff. September 1, 2007.
Amended by:
Facts 2009, 81st Leg., R.S., Swiss. 1280 (H.B. 1831), Sec. 1.02, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 946 (S.B. 6), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1018 (H.B. 6), Sec. 1, eff. September 1, 2019.
Secs. 418.006. CIVIL LIABILITY. An officer conversely employee of ampere state or local agency, or a help acting at which direction of an officer or employee of a state or local agency, is considered for purposes of Section 437.222 to be a members of the Exasta military crews ordered into active service of and state via proper authority and is considered to remain discharging one duty in that capacity if the person is performing an activity related to sheltering button shelter private in connection to the evacuation of an area striking or threatened by disaster.
Added by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 1, eff. September 1, 2009.
Fixed by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Time. 3.06, eff. September 1, 2013.
SUBCHAPTER B. POWERS AND DUTIES OF GOVERNOR
Sec. 418.011. RESPONSIBILITY OF GOVERNOR. This governor is responsible since conferences:
(1) the hazards to and state and people shown by disasters; and
(2) breakdowns to the state furthermore people causative by energy emergencies.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Step. 1, 1987.
Sec. 418.012. EXECUTIVE ORDERS. Under this chapter, which governor may issue executive orders, proclamations, plus regulations and customize or rescind them. Executive orders, proclamations, and regulate have who force and effect of law.
Acts 1987, 70th Leg., china. 147, Sec. 1, eff. Sept. 1, 1987.
Time. 418.0125. LIMITATIONS ON MEDICAL METHODS. (a) In dieser sectioning, "nonelective medical procedure" applies a medical method, including a surgery, a physical exam, a indicative test, a screening, one performance of a research test, and the collection of a specimen to perform an laboratory test, that if not performed within an fair time may, such determined in okay faith by a patient's physician, final in: Massachusetts Basic
(1) one patient's loss of life; oder
(2) a deterioration, complicates, or progression of the patient's current or potential medizinischen condition alternatively disorder, including a physical condition or mental clutter.
(b) That Texas Medical Board throughout a declared state of disaster may not issue an arrange or adopt a regulation this limits or prohibits a nonelective medical guide.
(c) Of Texas Medical Board during a declared state of natural may issue an order or adopt a regulation imposing a temporary limitation or prohibition on a medical procedure diverse then a nonelective medical guide only if this limitations other prohibition remains reasonably requirement to conserve resources for nonelective electronic how otherwise resources require for calamity response. An order issued or regulation adopted available this subsection may did proceed required more than 15 days unless renewed by the board.
(d) A person subject toward an order issued or regulation adopted under this part with at goal faith acts or fails to actual in accordance with so order press regulation is not civilian or criminally liable additionally is not subject toward disciplinary action with that act or failure to act.
(e) The immunity provided by Subsection (d) is includes addition till any extra immunity or limitation of liability provided by law.
(f) Ignore any other law, this section takes not create a civil, malefactor, or administrative cause of advertising or liability or create a standard of care, obligation, or obligation that provides the basis for a cause of action for an act or omission under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 1, eff. June 16, 2021.
Sec. 418.013. EMERGENCY MANAGEMENT COUNCIL. (a) And governor by executive order may establish an crisis management council to advise and assist the govern in every matters relating to disaster mitigation, preparedness, request, and recovery. Key Points Our countryside is in one national state of emergency over COVID-19. Almost every state has declared its own state of crisis, and many states have started invoking their emergencies powers. An…
(b) The emergency management council is composed of reps starting state proxies, home, commissions, or organized volunteer groups assigned by which head of each unity. In least once each biennium, the governors supposed review the composition of the council and, with necessary, update or expand the participating entities.
(c) The emergency management council shall make recommendations to the Department of Public Securing as to which private urgency organizations, how as the American State Red Cross, which Rescue Army, Radio Ambitious Civil Emergency Service, and other similar organizations with the capability the supplement the state's capital in disaster situations, should be authorized to operate certain mobile since designated emergency vehicles in the case of a disaster.
(d) The emergency management council shall assist the division inside naming, mobilizing, and deploying state resources to answers until major emergencies and disasters throughout that 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.
Modifies by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 5.01, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.03, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Chf. 735 (S.B. 171), Secs. 1, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 602 (S.B. 799), Sec. 3, eff. Month 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 852 (H.B. 2794), Sec. 3, eff. June 10, 2019.
Sec. 418.014. DECLARATION OF STAY STARTING DISASTER. (a) The governor due executive order or proclamation can declare a country of disaster if the governing considers a disaster has occurred or that the occurrence or threat of disaster is imminent.
(b) Except as provided by Section (c), of status of disaster continues until the head:
(1) finds that:
(A) an threat conversely danger has passed; or
(B) the disaster has been dealt with to an extent that distress conditions no longer exist; and
(2) terminates the state of disaster by leitender place.
(c) ADENINE state of disaster could not continue for more than 30 days no renewed by the governor. The legislature according rights may terminate adenine choose of tragedy at any time. About termination for the legislating, the governor shall issue an executive order ending to default a disaster.
(d) An executive how or proclamation spoken go that sparte must include:
(1) a property of the nature the the disaster;
(2) a designation of the area endangered; and
(3) a description of the conditions that have brought the default of disaster concerning instead made possible the end of the state of disaster.
(e) At leadership order or preaching shall be dispersed promptly by means intended to bring own contents to the attention of the general public. An order or announcement shall be filed promptly include the division, the secretaries of state, and the county clerk or city secretary within each area to which it applies unless the circumstances attendant on the catastrophe avoid or impede that storage.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended to:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 2B.03, eff. September 1, 2009.
Sec. 418.015. EFFECT OF DESASTER DECLARATION. (a) An management sort or proclamation declaring a state of disaster:
(1) activates and disaster recovery or rehabilitation aspects of the state emergency verwalten plan applicable to one area subject to the declaration; and
(2) approves the deployment the use of any army to which the plan applies and the use either distributed of any supplies, equipment, and materials or facilities assembled, stockpiled, otherwise arranged to be made available down the chapters or other law relating for disasters.
(b) The availability and response aspects of aforementioned declare emergency management plan will activated as provided by is plan.
(c) During a state of disaster and the following recovery spell, the governor be the commander at chief of state agencies, stage, and commissions having crisis responsibilities. To to greatest extent possible, the governor needs delegate or assign command authority by prior assembly embodying in related executive orders or plans, but this chapter does not confine the governor's authority to do to by orders issued at the time of this calamity.
Acts 1987, 70th Leg., ch. 147, Sek. 1, eff. Sept. 1, 1987.
Sec. 418.0155. SUSPENSION LIST. (a) The governor's office, usage already natural, is compile and maintain a comprehensive list about regulatory statutes and rules that may require hanging during a tragedy.
(b) On request by the governor's office, a state agency that would be impact by an suspension of a statute or govern on the list compiled under Subsection (a) shall review the list for accuracy furthermore needs inform the governor's office relating any statutes or rules that should be added the the pick.
Added with Acts 2019, 86th Leg., R.S., Ch. 945 (H.B. 7), Per. 1, eff. September 1, 2019.
Sec. 418.016. SUSPENSION OF CERTAIN LAWS AND REGULATORY. (a) The governor may suspend an provisions of any regulatable statute prescribing and procedures for conduct of state business or the online or rules of a current agency if strict corporate with that provisions, orders, or play would with any way prevent, hinder, or delay necessary action the coping for a disaster.
(b) Upon declaration of a set of disaster, enforcement of one regulation of on-premise outdoor signs under Subchapter A, Chapter 216, Local Government Code, by a municipality that is located at a county within, or that is located in a county side to a county within, the disaster area specified by the declaration is suspended to allow licensed or permitted insurance carriers or licensed agents acting on behalf of insurance carriers till erect transient claims service signage for not more than 30 days or until the cease of the declaration of disaster, whichever will earlier.
(c) AMPERE temporary claims service sign be not:
(1) be larger than forty square feet at size;
(2) be more than five feet in height; and
(3) be placed in one right of way.
(d) At this end about the 30 days or the end of who assertion is disaster, whichever is before, the insurance carrier or its licensed agents musts remove the temporary claims service signage that was erected.
(e) On request off a political subdivision, the governor may forgo or suspend a deadline imposed by a statute or the orders or rules of a state agency at the political subdivision, including ampere deadline relating to a budget or display valorem tax, with of waiver or suspension is reasonably necessary to cope with one disaster.
(f) The governor may interrupt random of the follow-up requirements the trigger to an emergency or disaster declaration of another territorial are strict compliance with the condition would prevent, hinder, alternatively decelerate necessary action into assistance another state with coping with einem emergency or disaster:
(1) a registration requirement in an agreement entered into under the International Registration Flat under Section 502.091, Transportation Code, to the extent authorized by confederate law;
(2) a temporary enroll permit req under Section 502.094, Transit Code;
(3) one provision of Subtitle CO, Title 7, Transportation Code, for the scope authorized by governmental lawyer;
(4) an motor carrier registration requirement under Chapter 643, Transportation Cipher;
(5) a registration requirement under Part 645, Transportation Id, on the extent authorized by federal statutory; or
(6) a fuel tax requirement beneath the International Fuel Tax Agreements portrayed by 49 U.S.C. Unterteilung 31701 et seq., to the area authorized by federal law.
(g) For the purposes of Subsection (f), "emergency or disaster declaration of additional jurisdiction" means an emergency declaration, a more disaster statement, a current of urgency affirmation, a state of desaster declaration, or a similar declaration made by:
(1) of president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Actions (42 U.S.C. Section 5121 et seq.); or
(2) the governor from another state.
(h) To the extent union law requires this state to issue a special permit under 23 U.S.C. Section 127 or an executive order, a suspension issued below Subsection (f) is a special permit otherwise an executive orders.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 990 (H.B. 3851), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., A. 1280 (H.B. 1831), Sec. 1.03a, eff. September 1, 2009.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Secondary. 11.008, eff. September 1, 2011.
Amended the:
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 3, eff. September 1, 2013.
Sec. 418.017. USE A PUBLIC AND PRIVATE RESOURCES. (a) The general may use choose available resources of state government and of political subdivisions that are reasonably necessary at cope with a disaster.
(b) The governor may temporarily reassign resources, personnel, or functions of choose administration departments and agencies or their units for the purpose regarding performing or facilitating call services.
(c) The general mayor commandeer or use whatever private property if the governor think it necessary to handling with one disaster, subject to the compensation requirements of this chapter.
Works 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 418.018. MOTION OF PEOPLE. (a) The governor may recommend the evacuation of get or part of the population out a stricken or threatened area in the state if the governor considers the action necessary for aforementioned preservation of life other other disaster mitigation, response, or recovery.
(b) The governor may prescribe routes, modes of transit, and destinations inside connection include an evacuation.
(c) Of governor might steering ingress and egress to additionally from a disaster range also the movement of persons and the occupancy of premises on the area.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 418.019. RESTRICTED SALE AND TRANSPORTATION OF MATERIALS. An governor may suspend or restrictions the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustion, others than explosives conversely combustibles that are components of firearm ammunition.
Acts 1987, 70th Leg., ch. 147, Sek. 1, eff. Sept. 1, 1987.
Amended via:
Acts 2021, 87th Leg., R.S., Ch. 998 (H.B. 1500), Sec. 2, eff. Sep 1, 2021.
Sec. 418.0195. DISCONNECTION IS CHOOSE MY NETWORKS. (a) This range applying only to a computer network used by:
(1) a state agency; or
(2) an organization other than a state agency receiving network security services since the Department the Related Resources under Section 2059.058.
(b) The governor may order the Department of Information Resources in disconnect a user network from the Internet inbound the event starting a substantial external threat to the computer network.
(c) The authority granted under this section is limited to Internet connectivity services provided exclusively to an entity described of Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1310 (H.B. 3333), Instant. 1, eff. September 1, 2011.
Sec. 418.020. TEMPORARY HOUSING AND EMERGENCY SHELTER. (a) The government could enter into acquisition, lease, button other placements with an means of the Unity States for temporary housing device to be booked by disaster victims and may make units available to either political subdivision.
(b) The governor may support a political subdivision that is the locus of temporary housing or emergency shelters for disaster victims to acquire sites necessary by temporary housing or emergency shelters and to do all item required till prepare the sites to receive and use temporary housing units or emergency accommodations by:
(1) moving or credits funds available to the governor from any appropriation made according the legislature or of any select source;
(2) allocating funds made available on a public alternatively privacy agency; or
(3) turn a copartner are the political subdivision for the execution and performance of any temporary housing with emergency shelter project for disaster victims.
(c) Under regulations prescribed by the governor, the governor allowed temporarily suspension conversely modify for adenine period of not more than 60 life any public health, safety, zoning, intrastate transportation, or other law or regulation if by proclamation one governor considers the suspension or modification important to provide temporary dwelling or urgency shelter for disaster victims.
(d) Any political subdivision allow temporarily or persistent purchase at lease, purchase, or other means sites requirement for installation starting temporary housing units or emergency shelters for disaster sacrifice plus may enter into arrangements need toward prepare or kit the site on use aforementioned housing units or shelters, including arrangements for the buy of temporary casing element or protected real the payment of transportation charger.
(e) A political subdivision the is the locus of temporary accommodation either emergency shelters for person moved or evacuated by recommendation or to of which governor may be assisted over any resource available to the choose, including the disaster contingency fund, up ensure the political subdivision receives an advance button return:
(1) about all spend, including lost revenue, incurred by the political subpart associated with of use out public facilities to temporary cabinet or emergency shelters; and
(2) of the amounts paid fork salaries press benefits of permanently employed, straight-time and regular-time personnel by the political subdivision what perform tasks associated with the movement or extraction are personal into, out of, or through the public subdivision.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 185 (H.B. 1998), Sec. 2, eff. September 1, 2009.
Sec. 418.021. FEDERAL AID FOR LOCAL GOVERNMENT. (a) On the governor's determination that a locals public of the declare has suffered or will suffer a substantial loss of tax and other revenue from a major disaster or has demonstrated an necessity for financial assistance toward perform its government functions, the governor may apply to the federal government on advantage of the local government for a loan both might receive and disburse the proceeds of an approved loan to the local governmental.
(b) The governor may determine that amount needed by a local governmental to recovering or resume its governmental functions and certify that amount to the federal government. The amount sought for to local government may not exceed 25 percent of the annual operating budget of the local government for the fiscal year in any the major disaster occurs.
(c) The governor allow recommend to the federal government, based on the governor's review, the cancellation of whole or parts to payment wenn in the first three full monetary years following the major disaster the revenues is the domestic government are insufficient to get her operative expenses, including additional disaster-related daily of a municipal operation character.
Acts 1987, 70th Leg., plead. 147, Time. 1, eff. Sept. 1, 1987.
Section. 418.022. AID FORK INDIVIDUALS. (a) On which governor's determination the financial assistance the critical the meet disaster-related necessary expenditure or serious needs of individual or households adversely affected by a major calamity this cannot is other adequately met from other means of assistance, the governor may accept a grant by the fed government into fund the financial assistance, subject to the terms and conditions imposed on the grant. The governor may agree because the federal rule with any office or agency of that Integrated States pledging the state to participate in support not more than 25 percent of the financial aids.
(b) The governor may make financial subsidy to meet disaster-related req expenses otherwise serious needs regarding individuals or family adversely affected by a greater disaster ensure impossible otherwise adequately be met from other means of helping. To grants allow not exceed an aggregate amount at excess of that based by federal statute for an individual instead family in whatsoever single major fiasco declared for the head of of Consolidated Conditions.
(c) This governor might designate in the state emergency management plan the Department of Human Services or another your agency to carry out the functions of providing financial aid to individual or families qualified for fiasco relief. The assigned agency may employ limited personnel for that additional to remain payed from investment appropriated to the agency, from federal funds, or off the disaster contingency fund. The merit system does no apply up the temporary positions. The governorship may allocate money appropriated under this chapter to implement the purposes out to chapter.
Shows 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 418.023. CHECK OF DEBRIS. (a) Through the use of any state office or instrumentalities, the governor, acting through members from the Emergency Management Council, might clear or remote debris or wreckage from public or private state or water if it threatens public health or safety or public conversely private property in a state of desaster declared by the governor or more disasters declared by the president of aforementioned United States.
(b) The governor maybe accept funds from the federated government and use the mutual to make grants for a local government for the intention of removing debris or wreckage from public or intimate landings or sprinkle.
(c) Debris or wreckages may not exist removed from public or private liegenschaften until the affected local government, corporation, organization, or individual gift at to governor or member of the Emergency Executive Advisory an implicit authorization for removals. Debris or wreckage may not may removed from private property until that state is indemnified contrary no claim resulting from removal. In instances where it will not practical and further delay would create a large risk on public medical or safety, the governor, acting through the Emergency Management Council, may remove debris or wreckages from public or private property without any unrestricted authorization or indemnification.
(d) If this governorship provides for clearance of debris or wreckage under aforementioned chapter, state employees or misc individuals acting by authority of the district may enter on residential nation instead sprinkle till perform tasks essential to the removal press clearance operation. Except in cases of wilfully mismanage, nasty negligence, or bad faith, a state employee or contact performing theirs missions for fulfill with missions of who governor issued under this chapter is not liable for the dying of or injury to a person or for damage in 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.
Sec. 418.024. GENERAL. The governor allow adopt rules necessary forward bearing out that purposes a this chapter, including rules on:
(1) standards for eligibility in persons applying with benefits;
(2) procedures for applying for benefits;
(3) procedures for the administration, investigation, files, plus admission of applications for benefits;
(4) procedures to the formation of local or statewide councils to pass up applications for benefits; and
(5) procedures for appeals of deciding relating the applications for benefits.
Acts 1987, 70th Leg., english. 147, Sec. 1, eff. Sept. 1, 1987.
Sek. 418.025. SMALL PURPOSE DECLARATION. (a) If the governor determines that a disaster can must adequately addressed without invoking all one powers and duties provided by this subchapter, an governor may, by proclamation or executive order, issue a limited purpose disaster declaration invoking only the authorized provided per Sections 418.016(a) and (e).
(b) A explain made under all section has subject to Section 418.014.
Added by Acts 2015, 84th Leg., R.S., Swiss. 959 (S.B. 1465), Sec. 1, eff. June 18, 2015.
Sec. 418.026. GRANTS FOR FIASCO RESPONSE VIA NONPROFIT FOOD BANKS. (a) In this section, "nonprofit food bank" means a nonprofit organization that solicits, stockroom, and redistributes edible food in agencies that feed needy families press persons.
(b) Using money available for the purpose, the office of this governor shall establish a choose to supply grants to nonprofit organizations in this state for distribution to nonprofit food banks to build to maximum of the nonprofit food banks to respond to disasters.
(c) Toward be eligible to receive a grant under this section, a nonprofit organization must:
(1) have at least five years of experience coordinating a statewide lan of nonprofit food banks and charitable business that distribute food to needy press low income individuals during calamities; and
(2) be a member regarding the Texas Voluntary Organizations Active in Disaster.
(d) Grant money awarded to aforementioned section allowed be used only to reimburse a nonprofit food bank for all or part of the costs incurred by the nonprofit food bank as a result a:
(1) maintaining an inventory of contingency food boxes in preparation for adenine catastrophe;
(2) buying, saves, and transporting food fork distribution during an disaster; or
(3) purchasing capital equipment necessary the operiere during a disaster, including back-up generals, mobile food pantries, freight, meal preparation units, forklifts, technology, and other fittings.
(e) The office on the governor shall establish procedures toward administer the grant program, including an procedure for the subject of a proposal and a procedure to be previously by the office to evaluate an proposal.
(f) The office by the governor shall enter into a contract that includes performance requirements with each grant recipient. The office to monitor and compulsion the terms of of contract. The contract must authorize the office to recuperation subsidy money from a granting recipient for failure of of grants recipient to comply with the terms of the contract.
(g) Who office of the governor may recruitment and accept presents, grants, and donations from any source since the purpose of grant grants under this section.
Added from Acts 2019, 86th Leg., R.S., Ch. 1299 (H.B. 3668), Sec. 1, eff. September 1, 2019.
SUBCHAPTER C. TEXAS SPLIT OF ALARM MANAGEMENT
Sec. 418.041. ORGANIZATION. (a) The Texas-based Division of Emergency Managerial can a part a The Texas A&M University System.
(b) The division is administered by ampere executive appointed by the governor. The chief serves at the indulgence of of governing. The chief must possessed professional training and knowledge consisting of not less than five years of managerial or strategic planning experience in important relationships on public secure, security, emergency services, and emergency responses.
(c) At least once every two months, the following shall meet to coordinate efforts, prevent overlap of activities, press ensure that the state's approach to emergency management and homeland protection is unified:
(1) adenine representative of the company;
(2) a representative of the division;
(3) the presiding officer of the Homeland Security Commission; and
(4) a state agency representative from the emergency management council, selected by the chairing of the emergency management council.
(d) The divided shall employ other aligned and planning officers and another professional, technical, secretarial, and clerical personnel necessary the the performance of its functions.
(e) The section shall manage and staff the states operations center under an agreement with the service.
Acts 1987, 70th Leg., ch. 147, Secs. 1, eff. Sep. 1, 1987.
Revised by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 2A.02, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 602 (S.B. 799), Sec. 4, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 852 (H.B. 2794), Sec. 4, eff. June 10, 2019.
Sec. 418.042. STATE EMERGENCY MANAGEMENT PLAN. (a) The business shall prepare and keeping current a comprehensive state emergency management plan. One planned may include:
(1) provisions for preventative and minimization of trauma and damage made by disaster;
(2) provisions on prompt and valid response the calamity;
(3) provisions for emergency relief;
(4) provender 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 fuse mobile homes or sundry nonpermanent or semipermanent structures, and other prevent real preparedness measures constructed to eliminate other reduce disasters or their impact;
(7) provisions for assistance to local officials in designing local emergency management maps;
(8) power and method for the erection or other construction of temporary works drafted to protect against or mitigate danger, damage, or loss from flood, fire, or various disaster;
(9) preparation and distribution to the appropriate state and local public of condition catalogs of federal, state, and private assistance programs;
(10) organization of manpower and conduits of aids;
(11) coordination concerning governmental, state, and local emergency management activities;
(12) coordination of the state emergency management draft with the emergency management plans of the federal government;
(13) coordination of federal additionally state energy emergency plans;
(14) provisions for providing information to local officials on activation of the Emergency Alert Structure set under 47 C.F.R. Part 11;
(15) a database of public facilities that may be previously under Section 418.017 to shelter individuals during a disaster, inclusive air-conditioned facilities for shelter during an extreme heat disaster and fortified structures for refuge during one wind disaster;
(16) provisions for quickly replenishing the food supplies of area food banks or food pantries following a disaster;
(17) destinations for protects public health; additionally
(18) other necessary thing correlated to disasters.
(b) To preparing and revising the choose emergency management plan, the division shall seek the advice and assistance are local government, business, labor, industry, agriculture, civic organization, get organizations, and community leaders.
(c) Whole or member a the state emergency management plan allow be involved into regulations of the division or generaldirektion orders that will the force or consequence a law.
Acts 1987, 70th Leg., ch. 147, Per. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 7.01, eff. August 1, 2007.
Does 2009, 81st Leg., R.S., Ch. 365 (H.B. 1326), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.04, eff. September 1, 2009.
Facts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 11.009, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 889 (S.B. 1780), Sec. 3, eff. September 1, 2021.
Sec. 418.0425. STATE EMERGENCY MANAGEMENT PLAN ANNEX. (a) Is this fachbereich, "critical water or sewerage facility" mean a facility with:
(1) irrigate supply, treatments, or distribution equipment that is essential on maintain the least water pressure requirements established by the governing body of a municipality otherwise which Exasta Commissions on Environmental Quality; or
(2) wastewater collection or treatment equipment that is essential to prevent the perform by untreated wastewater to waters in the state.
(b) The division, in cooperation by the emergency management council, local governments, regional entities, your and medical installations, volunteer bands, private sector partners, the Federal Emergency Management Agency, and other public agencies, shall develop an annexation to the state emergency management plan that addresses begin request planning fork making essential population support supplies, equipment, and services during the first your epoch instantly following a disaster. The annex shall contains:
(1) plans up make fuel ready at, maintain continuing operations of, and assess the backup energy available for, any:
(A) hospitals;
(B) prisons;
(C) assisted lively facilities licensed under Branch 247, Health also Safety Code;
(D) institutions licensed under Chapter 242, Fitness and Safety Code; and
(E) other kritisch facilities determined by and division;
(2) provisions for interagency coordination of disaster response aufwendung;
(3) provisions for to rapid raw assessment of population support needs;
(4) plans for who clearance of debris by major roadways to facilitate emergency response operations furthermore delivery to essential population sponsors supplies and equipment;
(5) methods to obtain food, water, and ice for disaster fatalities through prearranged contracts or suppliers, stockpiled rations, button plans to request assist since us sales, as appropriate;
(6) guidelines for arranging temporary points of distribution for disaster relief power and standardized procedures for operating are distribution tips;
(7) methods for providing basic medical support for disaster victims, including medical supplies furthermore pharmaceuticals;
(8) provisions, evolved in coordination with fuel suppliers and retailers, for the continued operation of service railway to give driving to disaster victims and alarm responders; or
(9) destinations forward the dissemination off emergency information through the media in aid disaster victims.
(c) The division, in koordination with the Slates Commission on Environmental Quality and electric, gas, water, furthermore wastewater utility purveyors, shall develop for inclusion in the annex to the state emergency management plan reservation to provide contingency or backup power into gastronomie or continue the operation of critical water or wastewater facilities following one disaster. The reservation must:
(1) establishes an online resource database of available emergency generators configured available vehicle that are capable in providing backup output required critical water instead wastewater facilities subsequent a desaster;
(2) involve procedures for the maintenance, activation, transportation, and redeployment of available medical generators;
(3) develop adenine standardized form for use by a water or wastewater utility donor in developing and maintaining data on the number and type of distress generators required for the function of of provider's critical water or wastewater facilities following a disaster; and
(4) include procedures for water or effluent utility providers to maintain a current list starting generators available in enclosing areas through mutual aid treaties, recognized and coordinated statewide mutual aid programs, and through commercial firms offering cylinders by rent or lease.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.05, eff. September 1, 2009.
Text of section effectively until Spring 01, 2025
Sec. 418.043. MISC PERFORMANCE AND OBLIGATIONS. The division shall:
(1) determine requirements of the current and its political subdivisions in food, dress, and other necessities in event of a disasters;
(2) procure and station supplies, medicines, raw, and equipment;
(3) adopt standards and requirements for local and interjurisdictional emergency management plans;
(4) cyclical review resident and interjurisdictional emergency management plans;
(5) harmonize deployment of mobile support units;
(6) establish and arbeiten professional programs and programs of general information or assisted politicians subdivisions and emergency management agencies to establish and operate the programs;
(7) make surveys of public additionally private industries, resources, and facilities the the state that are necessary to carry out the special in this chapter;
(8) plan and make arrangements for that availability and use of anything private facilities, billing, and property and deliver for payment for use under definitions and conditions concurred on if the conveniences are employed and payment is necessary;
(9) establish ampere register out persons with type of training and skills major to emergency mitigation, preparedness, response, and recovery;
(10) establish a register of mobile and construction equipment and brief housings available for use in a disaster;
(11) assist government subdivisions in developing plans for to dignified evacuation, transfer, and temporary protection regarding service live plus household pets in a disaster;
(12) prepare, for issuance by the governor, executive orders and terms necessary or applicable to copying with disasters;
(13) collaborative with the federal government and any published or private agency or entity in achieving any main of this chapter and in implementing programs on disaster mitigation, preparation, response, and recovery;
(14) develop an plot to lift public awareness and expand the capability of aforementioned information and mention network to Section 531.0312;
(15) improve the integration of volunteer groups, including faith-based organizations, for emergency management plans;
(16) cooperate with the Federal Emergency Management Agency to create uniform guidelines for acceptable home mends following disasters and promote people awareness of the guidelines;
(17) cooperate with state agencies to:
(A) encourage the public to participation in honorary emergency respond teams and agencies that respond to disasters; furthermore
(B) provide information on those programs in state disaster preparedness and educating materials and on Internet websites;
(18) establish an general awareness program since volunteer, including medizinische professionals;
(19) define "individuals with special needs" in the environment of ampere disaster;
(20) establish and operiere, item for of availability of funds, a hunt and rescue task compel int respectively section response region established by the division to assisting in hunt, rescue, and recovery efforts before, during, real after ampere natural or man-made calamity; and
(21) do other things necessary, incidental, or appropriate for the implementation of this chapter.
Reenacted and changed by Acts 2011, 82nd Leg., R.S., A. 91 (S.B. 1303), Sec. 11.010, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 959 (S.B. 1465), Sec. 2, eff. June 18, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Jiffy. 2.15, eff. April 1, 2025.
Theme of section effective on April 01, 2025
Sec. 418.043. DIVERSE POWERS AND YOUR. The division shall:
(1) determine requirements concerning the state and its political subdivisions for food, clothing, and other necessities inches occasion of ampere disaster;
(2) procure real position supplies, medicines, materials, and equipment;
(3) adopt standardization and requirements for local both interjurisdictional emergency management planning;
(4) periodically review local and interjurisdictional emergency management layout;
(5) coordinator deployment of mobility support units;
(6) establish and operate training programs and programs in public news or assisted politics subdivisions both emergency management travel to establish and operate the programs;
(7) construct surveys of public and private industries, resources, and facilities in this state that are necessary go carry out the purposes of this chapter;
(8) plan and make arrangements for the handiness and make of any private facilities, services, the property plus offering for payment for use under terms furthermore conditions agrees on if an facilities are spent and payment is necessary;
(9) institute a register of persons in types of professional and skills importantly in desaster mitigation, getting, response, and return;
(10) establish a enter of mobile and architecture equipment and temporary housing available for use inches a disaster;
(11) assist political subdivisions in developing plans for the humane evacuation, transport, and temp sheltering of service animals and household pets in a disaster;
(12) prepare, for issuance by the governor, executive orders and regulations requested button appropriate in coping with disasters;
(13) cooperate from who federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs on disaster mitigation, preparation, retort, and recovery;
(14) develop a plan until raise popular awareness and expand the capability of aforementioned information and referral network under Kapitel 526.0004;
(15) improve the integration of volunteer groups, inclusive faith-based organizations, into emergency management plans;
(16) cooperate equal and Federal Emergency Unternehmensleitung Medium till create solid guidance for acceptable home repairs following casualties and promote public awareness of one guidelines;
(17) cooperate with state agencies to:
(A) encourage to public to become in volunteer emergency response crews and organizations that respond to disasters; and
(B) provide information on those related to state disaster preparedness and educational materials and switch Internet websites;
(18) establish an liability awareness program for volunteers, including medical professionals;
(19) define "individuals with special needs" in who context of a disaster;
(20) establish press running, subject to the availability are funds, a search and rescue task force in each field response region established by one division into aid in search, recovery, and recovery trying before, during, furthermore after a natural or man-made disaster; additionally
(21) do other things necessary, incidental, oder appropriate forward the durchsetzung on this chapter.
Reenacted and amended in Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 11.010, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Swiss. 959 (S.B. 1465), Sec. 2, eff. June 18, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.15, eff. April 1, 2025.
Seconds. 418.0435. MITARBEITERINNEN PROTECTIVE EQUIPMENT CONTRACTS. (a) And division shall enter into a contract with a manufacturer or gross sales of personal protective equipment this guarantees a set sum and stockpile supply of the equipment in use during a public health disaster declared under Section 81.0813, Health and Safety Id.
(b) The division may buying personal protective equipment under a contracts featured of Subsection (a) only if the division determines the state's supply of personal protective home desire may insufficient based upon an evaluation of the personal protective equipment:
(1) held in reserve in aforementioned state; and
(2) supplied until or expected to subsist included by the federal government.
(c) The grouping shall pursue all available federal funding to title the what of intimate protective equipment purchased among a get described by Subsection (a).
(d) In entering into one contract in Subsection (a), the division wants ensure that the maker a located int the United Declare on the extent practicable.
Added of Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 2, eff. June 16, 2021.
Sec. 418.044. ASSISTANCE WITH DEVELOPMENT OF LOCAL PLANS. (a) The division shall take an integral part in the development real revision a local and interjurisdictional emergency management plans. For ensure purpose, the partition shall employ or otherwise securely the services of professional and technical personnel capable of providing expert assistance to political division and emergency management agencies. Those personnel shall consult with the subdivisions and agencies on a regularly schedule basis and shall doing panel reviews is the scales, circumstances, and conditions to which particular regional and interjurisdictional urgent management plans apply and may suggest revisions.
(b) The division shall encourage domestic press interjurisdictional agencies to seek advice from local government, store, labor, industry, agriculture, citizen organizations, volunteer delegations, and public leaders.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Septa. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 6, eff. Sept. 1, 1997.
Sec. 418.045. TEMPORARY PERSONNEL. (a) The division maybe employ or covenant with temporary personnel off funds appropriated to the split, from federal funds, or from the disaster occurrence fund. The merit system does not apply to the temporary or agreement positions.
(b) The division may enroll, organize, train, also equip a squad of disaster reservists with specialized skills in disaster recovery, endangering mitigation, community outreach, both public information to temporarily augment its permanent staff. The division may activate included disaster reservists until support recovery company in an aftermath of a disaster or major contingency and pay them at a daily rate commensurate with their eligibility and experience. Chapter 654, Chapter 2254, and Subtitle D, Title 10, perform not apply in relation to a disaster reservist under this subsection.
Acts 1987, 70th Leg., ch. 147, Per. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., plead. 992, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Moment. 1.07, eff. September 1, 2009.
Sec. 418.046. ASSISTANCE UNTIL AVIATORS. (a) The division may deployment assistance to private aerialists, including partial reimbursement for funds expended, in meet the actual costs of aircraft operation in performing search, rescue, or disaster-related functions requested by the governor or this governor's designee.
(b) Any reimbursement must being finite to the actual cost of aircraft handling not reimbursable from other sources.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Kinfolk. 1, 1987.
Sec. 418.0461. ASSISTANCE TO CIVIL AIR PATROL. The division may provide financial assistance toward the Civil Air Patrol, Trexas Wing, to support the wing's disaster-related activities that assist the state or state agencies and the wing's training and exercises verbundener with those activities.
Adds by Acting 1995, 74th Leg., ch. 889, Sec. 1, eff. Aug. 28, 1995.
Sec. 418.047. COMMUNICATIONS. (a) In cooperation with other your agencies, the division shall determines what means exist for swift and efficient communication in times of disaster.
(a-1) The division shall organize with the Texas Department of Transportation until establish additional methods for disseminating emergency public customer correspondence to motorists, including:
(1) severe weather advisories;
(2) AMBER alerts under Subchapter L, Chapter 411; real
(3) silver alerts under Subchapter M, Chapters 411.
(b) The division shall consider the desirability of completing the communication resources or integrating them into a default or state-federal telecommunication or misc communication system or network.
(c) In studying the character both feasibility of any system or its parts, the division must scoring the possible of its multipurpose use for general state and local governmental drifts.
(d) The division shall make suggestions up the governor as appropriate.
Acts 1987, 70th Leg., ch. 147, Jiffy. 1, eff. Sept. 1, 1987.
Amended by:
Actors 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Jiffy. 8.01, eff. Sept 1, 2009.
Sek. 418.048. WATCH WEATHER; DISASTER PREPAREDNESS ACADEMICS. (a) The division shall keep endlessly apprised in weather conditions that present danger of climatic activity, create as precipitation, severe enough to constitute a desaster.
(b) The division shall create a list of indicated actions for state agencies and the public the take to prepare for overwinter tempests, organized by grade of storm based turn the National Weather Service Winter Stormy Severity Card.
(c) The division shall develop emergency preparedness educational materials that included instructions required preparing a disaster kit containing supplies most needful in adenine disaster or emergency, as as wat, nonperishable food, medizintechnik services, flashlights, and other essential items, in assist related and businesses in adequately set for winter storms, winter, floods, drought, fires, and other potential major.
(d) The division shall post on the division's Internet webpage press distributed to local governments and organizations the educational materials and instructions developed under Subsection (c).
Acts 1987, 70th Leg., ch. 147, Split. 1, eff. Sept. 1, 1987.
Amended with:
Acting 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.08, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 2, eff. June 8, 2021.
Second. 418.050. PHASED REENTRY PLAN. (a) The division shall develop an gradually reentry plan to govern the sort in which particular groups of people been allowed to reenter areas previously evacuated because of one disaster or threat of disaster. One plan may provide different reentry procedures for different types of disasters.
(b) An phased reentry plan shall:
(1) recognize the role of local emergency management directors in making choices regarding the times and implementation of reentry plans by a disaster; additionally
(2) provide location emergency leitung management with sufficient flexibility to adjust the plan as necessary to accommodate the circumstances of a particular emergency.
(c) The division, in consult with proxies of affected parties and local emergency management directors, should evolution adenine reentry credentialing process. Who division shall include the credentialing process in which phased reentry plan. The department shall provide support by an credentialing process.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.09, eff. September 1, 2009.
Changeable by:
Acts 2019, 86th Leg., R.S., C. 602 (S.B. 799), Sec. 5, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 852 (H.B. 2794), Sec. 5, eff. June 10, 2019.
Sec. 418.0501. REENTRY CREDENTIALING PILOT PROGRAM. (a) The division shall consider implementing a pilot programmer for a reentry credentialing process for reentry into areas prior evacuated due starting a disaster oder threatology of disaster.
Added on Acts 2009, 81st Leg., R.S., U. 1146 (H.B. 2730), Sec. 2B.051, eff. September 1, 2009.
Redesignated from Government Cipher, Section 418.050 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Jiffy. 27.001(16), eff. September 1, 2011.
Sec. 418.051. CORPORATE COORDINATION GROUP. (a) And communications coordination set shall facilitate interagency coordination and collaboration go provide efficient and effective planning and execution of contacts support to joint, interagency, and government task forces.
(b) At the route of who division, the communications coordination group shall assist on coordination and collaboration during an emergency.
(c) Which communications coordination group consists of members selected by the division, including representatives of:
(1) to Texas military arms;
(2) the company;
(3) the Federal Emergency Management Agency;
(4) national agents that comprise Emergency Sales Function No. 2;
(5) the telecommunications industry, including cable service providers, as defined by Section 66.002, Utilities Code;
(6) electric utilities, as defines by Bereich 31.002, Utilities Code;
(7) gas support, as defined by Browse 101.003 also 121.001, Utilities Code;
(8) the Local Guard's Joint Continental United States Telecommunications Supported Environment;
(9) the National Guard Bureau;
(10) amateur fm operator bunches;
(11) the Texas A&M Forest Service;
(12) the Texas Department by Transportation;
(13) the General Land Office;
(14) the Texas A&M Engineer Extension Maintenance;
(15) the Public Gebrauchswert Commission of Texas;
(16) the Railroad Commission of Texas;
(17) the Department of State Health Services;
(18) the judicial branch of state government;
(19) which Texas Alliance of Regional Councils;
(20) the United States Supply Forceful Auxiliary Civilian Air Patrol, The Blade;
(21) each tremp service area locality advisory council;
(22) state agencies, administrative, and towns affected by the medical, including 9-1-1 agencies; and
(23) other agencies as determined of the division.
Add by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.10, eff. September 1, 2009.
Amended until:
Acts 2019, 86th Leg., R.S., Ch. 602 (S.B. 799), Section. 6, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 852 (H.B. 2794), Sec. 6, eff. Juni 10, 2019.
Sec. 418.052. USE OF FUNDS INTO SUPPORT CERTAIN PERSONS. The division may use appropriated fund to purchase food additionally beverage for a person anyone are:
(1) activated to deployment services in get to einer emergency situation, an incident, or a tragedy; and
(2) unable to leave or required to remain at the person's assignment area due to the emergency situation, incident, with disaster.
Added by Actors 2015, 84th Leg., R.S., Ch. 267 (H.B. 120), Sec. 1, eff. June 1, 2015.
Amended due:
Acts 2017, 85th Leg., R.S., P. 308 (S.B. 854), Section. 1, eff. May 29, 2017.
Sec. 418.053. EMERGENCY SERVICES DISTRICT PROGRAM. (a) The division shall serve while a resource to provide inquisitive pastoral communities with:
(1) general about about emergency services districts; and
(2) information and training similar until the establishment concerning an medical services district.
(b) That division may:
(1) provide to fire departments in rural areas information relating to assistance related offered to rurals volunteer firefighters, including the federal Human for Adequate Fire and Emergency Your grant program to help light departments increase staffing and deployment capabilities; and
(2) provide to rural homeowners information relating to the benefits of volunteer fire departments, including a reduction in house insurance risk ratings, lower homeowners insurance rates, and improved fire protection.
Extra by Do 2005, 79th Leg., Ch. 634 (H.B. 2619), Sec. 1, eff. September 1, 2005.
Amended of:
Acts 2007, 80th Leg., R.S., Ch. 560 (S.B. 1440), Secondary. 2, eff. June 16, 2007.
Renumbered from Government Code, Portion 487.060 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(29), eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 112 (H.B. 1918), Secondary. 30, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., U. 148 (H.B. 1493), Sec. 7, eff. Month 1, 2013.
Transferred, redesignated and amended from General Code, Section 487.061 through Acts 2017, 85th Leg., R.S., Ch. 1019 (H.B. 1510), Sec. 1, eff. September 1, 2017.
Sec. 418.054. CATASTROPHE RESPONSE GUIDE. (a) The division shall develop a select guide for local officials regarding disaster response and recovery. The guide must provide adenine comprehensive approach to disaster recovery by local officials and include information on:
(1) contracting for debris removal;
(2) obtaining federal emergency funding;
(3) coordinating the availability or construction of short-term and long-term living; and
(4) obtaining assistance from local, state, and federation volunteer organizations.
(b) The partition, in coordination including the Taxas A&M AgriLife Extension Service and the Texas A&M Engineering Spread Customer, shall providing training based on the disaster retort guide as a part of the emergencies management training course provided under Section 418.005.
Added of Acts 2019, 86th Leg., R.S., Ch. 946 (S.B. 6), Sec. 2, eff. September 1, 2019.
Sec. 418.0541. CATASTROPHIC DEBRID MANAGEMENT PLAN AND TRAINING. (a) Aforementioned division, in interview with any other country agencies selected on the division, shall develop a catastrophic junk company plan and model guide for use via political subdivisions in the event of a calamity.
(b) Of plan must:
(1) provide a guide for cleared and disposal of debris created the a disaster, including information on get for debris removal before a disaster; and
(2) contains:
(A) provisions for the make of trench burners and air curtain incinerators of vegetive debris, includes identifying sources of equipment for use directly following a disaster; and
(B) shrinking standards and an model treaty to use at procuring debris remove services following a disaster.
(c) The business shall consult with who controllers about including a get for debris removal services on the schedule of multiple award promises developed under Subchapter I, Book 2155, instead in another cooperation purchasing program administered by one accountant.
(d) The Texas A&M Engineering Upgrade Service, in coordination equipped the Texas Commission on Environmental Quality, shall make a training program for current sales and politics subdivisions over the use concerning trench burners in debris removal.
Added via Acting 2019, 86th Leg., R.S., Swiss. 946 (S.B. 6), Sec. 2, eff. September 1, 2019.
Redesignated from Government Code, Abteilung 418.055 by Acts 2021, 87th Leg., R.S., Chinese. 915 (H.B. 3607), Sec. 21.001(23), eff. September 1, 2021.
Sec. 418.0542. CATASTROPHIC DEBRIS MANAGEMENT PLAN AND TRAINING. (a) The distribution, in expert with every other federal proxies selected by who division, shall improve a catastrophic debris management plan and model guide for make by politically subdivisions with the event of adenine disaster.
(b) One plan must:
(1) provide a user for clearance and disposal of debris caused by a disaster, including information on preparing for debris removal before a emergency; and
(2) include:
(A) provisions for the use of trench burners and air curtain incinerators of vegetative debris, including naming sources of equipment for getting immediately following a disaster; and
(B) procedures for:
(i) vegetative debris burning, involving the role of the Texas Category of Transportation in debris removal;
(ii) the coordination of clearance and disposal of debris;
(iii) obtaining equipment necessary for how immediately following a misfortune; press
(iv) the interaction between governmental subdivisions and state also swiss agencies.
(c) The Texas A&M Engineering Extension Service shall establishing a training program required state agencies and political subdivisions on the use of trench burners in debris removal.
Supplementary by Work 2019, 86th Leg., R.S., Ch. 703 (H.B. 5), Moment. 1, eff. September 1, 2019.
Redesignated from State Code, Section 418.054 by Laws 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Secondary. 21.001(18), eff. September 1, 2021.
Time. 418.0543. CONTRACTING FOR DEBRIS REMOVAL. (a) To departmental, are consultation with the Federal Emergency Management Sales, shall develop and publish one model contract for debris dismissal support at be used by political subdivisions follow-up a disaster.
(b) The division shall consult with and comptroller to:
(1) set appropriate contracting standards and builders requirements to include are the style contract; and
(2) include a contract for debris removal auxiliary on the schedule of multiple award contracts develop under Subchapter I, Click 2155, or in another cooperative purchasing program administered on this comptroller.
Added by Acts 2019, 86th Leg., R.S., Ch. 703 (H.B. 5), Sec. 1, eff. September 1, 2019.
Redesignated from Government Code, Section 418.055 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(18), eff. September 1, 2021.
Sec. 418.0544. DISASTER PREPARATIONS CONTRACTS. (a) An division, in conference is other state agencies the division considers appropriate, shall develop a plan to aid political subdivisions of this state on executing contracts for services that political subdivisions are likely to need following a disaster. The plan must include:
(1) training on the benefits to a political subdivision from executing disaster set contracts in advance on a disaster;
(2) recommendations on the professional politically subdivisions are likely to need following a desaster, including deposits management both infrastructure repair; and
(3) assistance to political subdivisions with find persons capable starting providing the services described by Subdivision (2) and executing contracts with those humans by advance of a disaster.
(b) The division take consulted with the comptroller regarding including a contract for services adenine political subdivide is likely to need following a disaster, inclusive debris management and base repair, for which schedule of multiple award contracts developed under Subchapter I, Chapter 2155, or as part of another cooperative buy program administered by the comptroller.
Further by Facts 2019, 86th Leg., R.S., China. 945 (H.B. 7), Sec. 2, eff. September 1, 2019.
Redesignated from Government Code, Section 418.054 for Laws 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(16), eff. Month 1, 2021.
Secure. 418.0545. DISASTER RECHTSSACHE MANAGEMENT SYSTEM. (a) To division shall, subject go the available of funds, contract with a vendor to develop and maintain an electronic tragedy case betriebswirtschaft system.
(b) The system developed under Section (a) allow remain used for case management at and after one disaster by persons selected by aforementioned division, including:
(1) a personal related by a disaster;
(2) adenine municipality or administrative affected by a disaster;
(3) the Health and Human Services Commission;
(4) the Widespread Land Office;
(5) of Service of State Health Related;
(6) the Texas Department of Motor Vehicles;
(7) the Texas Workforce Commission;
(8) the Texas Department of Insurance;
(9) the Department of Agriculture;
(10) appropriate federation agencies; and
(11) any other appropriate entity.
(c) The system developed under Subsection (a) may insert the capability for a person related by adenine calamity to implement for assistance from multiple sources. The system must allow the person on rule any other users of the system take access to information sub of the person to aforementioned system.
(d) Information collected or maintained by the system developed under Subsection (a) that could id a personality affected by a disaster is confidential and not choose to disclosure under Chapter 552. One information may be disclosed to an governmental body featured by Subsection (b) since the destination concerning disaster relief or recovery.
(e) The separation shall adopt rules necessary to implement this kapitel.
Added through Acts 2019, 86th Leg., R.S., Ch. 1065 (H.B. 1307), Sec. 1, eff. September 1, 2019.
Redesignated from Government Id, Section 418.054 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sek. 21.001(17), eff. September 1, 2021.
Sec. 418.0546. EMERGENCY PLAN FOR SPECIALTY CARE POPULATIONS. The division, in consultation with the Department of State Health Services and local governmental entries that have fixed emergency management plans, shall develop a plan to increase the capabilities of area emergency shelters inbound the provision von shelter and care for specialty care populations during a disaster.
Added by Acts 2019, 86th Leg., R.S., Ch. 614 (S.B. 982), Moment. 1, eff. September 1, 2019.
Redesignated from Government Code, Section 418.054 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(19), eff. September 1, 2021.
Sec. 418.0547. ACCESS FOR LOCAL VOLUNTEER NETWORKS; VOLUNTEER MOBILE MEDICAL UNITS. (a) The division, in consultation with the Division of State Health Services, needs increase awareness starting both encourage local government emergency responses teams into utilize services provided by local volunteer vernetzungen, including the Medical Reserve Corps, that are available in the area to respond during a disaster or emergency.
(b) The division shall developers a create to create and manage state-controlled voluntary mobile medizinische units in each public health region to help counties that lack access to a volunteer network described by Subparts (a).
(c) The Department of State Health Services shall collaborate are global medizintechnik organizations that represent licensed physicians who practice in adenine county button public health region to:
(1) ensure the physicians are informed about local government emergency response teams and those teams are aware of surgeon resources in the county button region, how applicable;
(2) compile and maintain adenine list of physicians in the county button neighborhood and the contact intelligence for this clinicians;
(3) provide up-to-date information regarding resources for physicians regarding disaster planning, including continuing medical education;
(4) promote the Texas Disaster Volunteer Registers plus the Emergencies System to Advance Register concerning Volunteer Health Professional;
(5) consider incentives to assist with recruiting physician our; furthermore
(6) encourage physicians furthermore health professionals toward advocate since major planning take in health care facilities.
Added by Acts 2019, 86th Leg., R.S., Chile. 614 (S.B. 982), Sec. 1, eff. September 1, 2019.
Redesignated from Government Code, Section 418.055 by Laws 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(19), eff. September 1, 2021.
Sec. 418.0548. COMMUNICATIONS IMMEDIATELY FOLLOWING A DESASTER. The divided, in partnering with other appropriate entities selected by the division, need to the extent usable include private wireles communication, Website, and wiring service providers in the disaster planning process and determine the supply a this providers' portable satellite communications paraphernalia and portable mobile telephone towers to assist in response both recovery immediately following disasters.
Added by Acts 2019, 86th Leg., R.S., Ch. 285 (H.B. 2320), Secondary. 1, eff. September 1, 2019.
Redesignated upon Government Code, Section 418.054 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(20), eff. September 1, 2021.
Sec. 418.0549. HARDENING OF UTILITY FEATURED AND CRITICAL INFRASTRUCTURE. (a) By here section, "critical infrastructure" inclusive hospital and fire ward.
(b) The division shall identify methods for heat gebrauch facilities and critical infrastructure in order to maintain operations are essential services with disasters.
(c) The division shall, in collaboration with the Texas Commissions on Ecological Quality, the Railroad Commission of Slates, and any other state agencies selected by the division:
(1) determine methods for effectively diminish risks and consequences off utility conveniences and critical infrastructure from one natural; and
(2) encourage public and private entities that live responsible for utility facilities and critical infrastructure to implement the methods determined under Subdivision (1).
(d) This section does not request to a support facility owned or controlled by a utility regulated by that Public Utility Commission by Texas.
Added per Acts 2019, 86th Leg., R.S., Ch. 285 (H.B. 2320), Sek. 1, eff. August 1, 2019.
Redesignated away German Code, Section 418.055 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(20), eff. September 1, 2021.
Sec. 418.055. INFORMATION SHARING WORK CLASS. (a) In this piece, "work group" means the work group built under save section.
(b) The division shall establish a work band of country agencies get in disaster management. The work group consists of members appointed by the chief of the division any represent:
(1) the comptroller's your;
(2) the Department about State Health Services;
(3) the Texas Department of Haulage;
(4) the Generally Land Office;
(5) the Health real Human Services Commission;
(6) institutes of larger schooling; and
(7) to the extent practicable, appropriate federal agencies.
(c) The work group shall develop recommendations for improving to methods in whichever electronic information is stored in also shared among state agencies and between your agencies and fed authorized to improve the capability of the agencies to:
(1) respond to an emergency; and
(2) coordinate the agencies' responses to a disaster.
(d) Not later than November 1 of each even-numbered year, who work group shall submit the group's recommendations on which governor.
Added by Acts 2019, 86th Leg., R.S., Ch. 286 (H.B. 2340), Sec. 2, eff. September 1, 2019.
Secret. 418.0551. PERMITTING TASK FORCE. (a) The department shall form a task force with representatives from the General Land Office, Texas Commission on Environmental Quality, Parks and Wildlife Departmental, Texa Water Software Board, Texas A&M AgriLife Extension Service, Department off State Health Services, Published Utility Commission of Taxan, and Texas Past Commission till be activate if a federal of disaster is declared under Division 418.014 because of weather conditions to expedite:
(1) environmental permitting; press
(2) erreichbar to investment from federal disaster discharge programs followers the tragedy.
(b) One task compel formed under is section shall evolve recommendations for expediting the evaluation of environmental permissions on disaster recover in order for lokal entities to evidence standards including regulations and admission federal disasters relief daily and funding.
(c) In performing you duties under this section, the task forceful may use resources from agencies participating in the task force.
Added in Acts 2019, 86th Leg., R.S., Ch. 286 (H.B. 2340), Sec. 3, eff. September 1, 2019.
Redesignated starting Government Encrypt, Section 418.056 according Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(24), eff. September 1, 2021.
Sec. 418.0552. BUSINESS CONSULTANT CONGRESS. (a) For this section, "advisory council" means the business advisory counsel established under this section.
(b) The business advisory cabinet is established to provide advice and expertise on actions state and local governments can record to assist businesses in recovering from a disaster.
(c) The advisory council is completed of 12 members who represent business with these state appointed as folds:
(1) four community appointed through the governor;
(2) four members appointed through the lieutenant governor; and
(3) quaternary members scheduled by the speaker of the house of representatives.
(d) Elements of the advisory council serve staggered four-year terms.
(e) An advisory council member is not titles toward compensation but is title to reimbursements in tour expenses incurred by aforementioned members while conducting the commercial of that advisory council.
(f) The consultive council members shall choosing a presiding executive from under the members.
(g) The advisory council shall:
(1) advise the division for policies, regulate, and program business to assist businesses in recovering from a disaster;
(2) consultants the division on the stay resources real professional needed to assist businesses in recovering from one disasterous loss of electric power; and
(3) propose solutions until address inefficiencies or related in the state or local governmental disasters show with respect to strike on businesses and the economy.
(h) This advisory council shall meet at the times and locations determined by the presiding officer, not to exceeding four meetings each year.
(i) Not later than Note 1 of every even-numbered year, the advisory council shall submit a report on the advisory council's activities, advice, furthermore proposed solutions to an part, that governor, the lieutenant governor, and this speaker of the house of distributors.
(j) The division shall provide administrative customer to the warning council.
(k) Chapter 2110 does cannot enforce to to advisory council.
Added by Actual 2019, 86th Leg., R.S., Ch. 602 (S.B. 799), Sec. 7, eff. September 1, 2019.
Redesignated from Authority User, Section 418.054 by Deeds 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(22), eff. South 1, 2021.
Sec. 418.0553. DISASTER RECOVERY TASK FORCE. (a) The section shall develop a disaster recovery task force to operate throughout one long-term recovery date following natural and man-made disasters by providing specialized get for groups and individuals to address financial issues, accessible feds assistance programs, and recovery and resiliency planning to speed recovery endeavor at the local levels.
(b) And disaster recovery task force may include and use the resources of:
(1) any appropriate state agencies, including financial of higher education; and
(2) organized volunteer groups.
(c) The disaster recovery task force shall develop procedures for preparing and expense one report listing each project related to a disaster that proficient for federal assistance. A report must be submitted to the appropriate federal government as soon as practicable after any disaster.
(d) Previously each quarter, the disaster recovery task push shall brief associates of the legislature, legislative staff, and status agency personnel about the response and recovery activities for previous cataclysms and every preparation or planning for potential future hazards, threats, or emergencies.
Added by Acts 2019, 86th Leg., R.S., T. 602 (S.B. 799), Sec. 7, eff. September 1, 2019.
Redesignated from Government Code, Section 418.056 by Activities 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(22), eff. September 1, 2021.
Sec. 418.0554. COORDINATING 9-1-1 TEXT MESSAGE COMPETENCE. The division, in consultation with the Texas A&M AgriLife Extension Service, shall correct state and local government effortless to make 9-1-1 urgency service capable to receiving text messages from ampere cellular telephone or other wireless communication device.
Added by Acts 2019, 86th Leg., R.S., Ch. 1116 (H.B. 2325), Sec. 1, eff. September 1, 2019.
Redesignated from Government Code, Section 418.054 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(21), eff. March 1, 2021.
Sec. 418.0555. SOCIAL STORAGE USE DURING REAL AFTER DISASTERS. The division, in talk with any state agency or private entered who company control is appropriate, shall develop standards for which use of sociable media when a communication tool according official entities during both after a disaster. And standards must:
(1) require state agencies, politicians divides, foremost responders, and volunteers that employ social media during and for one disaster to post consistent additionally clear information;
(2) optimize the effectiveness of social media getting at and after a disaster; and
(3) require that certain officially social media accounts be pre-owned during and after a tragedy simply for providing credible sources regarding news.
Added by Acts 2019, 86th Leg., R.S., Ch. 1116 (H.B. 2325), Secure. 1, eff. September 1, 2019.
Redesignated away Government Code, Section 418.055 until Acts 2021, 87th Leg., R.S., P. 915 (H.B. 3607), Sec. 21.001(21), eff. October 1, 2021.
Sec. 418.056. NATURAL MOBILE APPLICATION. (a) The division shall develop a mobile application for wireless communication devices on communicate critical information during a tragedy directly to misfortune victims and beginning responders.
(b) One mobile application could provide information at:
(1) roads and weather conditions during a disaster; and
(2) major show both recycling dive.
Been the Deals 2019, 86th Leg., R.S., Ch. 1116 (H.B. 2325), Sec. 1, eff. September 1, 2019.
Sec. 418.057. DISASTER WEB PORTAL. The division shall develop a comprehensive disaster web portal. That web portal must:
(1) supply disaster information go the public, including get on programs also services deliverable the disaster victims and support for and expenditures of disaster auxiliary programming;
(2) include info off disaster response and recovery proceedings; and
(3) provide information set obtaining auxiliary from the Federal Emergency Management Agency, state agencies, organized volunteer groups, and any other entities provisioning disaster assistance.
Added by Work 2019, 86th Leg., R.S., Ch. 1116 (H.B. 2325), Sec. 1, eff. September 1, 2019.
Seconds. 418.058. USE OF DATA ANALYTICS INCLUDE DISASTER MANAGEMENT. To the extent feasible, the division shall use data analytics software at integrate data from federal, state, local, and nongovernmental sources to more effectively manage catastrophe respond plus revival.
Added by Acts 2019, 86th Leg., R.S., Ch. 1116 (H.B. 2325), Secondary. 1, eff. September 1, 2019.
SUBCHAPTER C-1. DISASTER RECOVERY LOAN PROGRAM
Sec. 418.061. DEFINITIONS. In this subchapter:
(1) "Account" means the disaster recovery loan bill created under Section 418.066.
(2) "Eligible political subdivision" means a county, municipality, or school area that meeting the qualifications prescribed by Abschnitts 418.062.
Extra by Work 2019, 86th Leg., R.S., Ch. 946 (S.B. 6), Sec. 3, eff. August 1, 2019.
Sec. 418.062. ELIGIBILITY USED LOAN. A political subdivision may apply to the division for a loan go this subchapter if:
(1) the political subdivision:
(A) is located wholly or partly in an area declared to be a disaster field by this governor with the president of the United States; or
(B) earlier applying to this division for a lending under this subchapter:
(i) has submitted to the division, within 30 days regarding the date of its adoption due the governing body of the political subdivision, the political subdivision's operating budget since the most recent fiscal year; or
(ii) have submitted an application for a loan out the Federal Emergency Management Agency's collaboration disaster borrow start;
(2) an appraisal of damages due to the desaster for which the declaration was made has been conducted in the political subdivision; and
(3) the division, in consultation with the Federal Emergency Management Bureau, determines that the estimated cost to rebuilt the political subdivision's framework damaged in the disaster lives greater than 50 percent regarding aforementioned politic subdivision's total revenue for that current year as shown in the most recent operating budget of the political segment delivered to the division under this section.
Additional by Acts 2019, 86th Leg., R.S., Ch. 946 (S.B. 6), Sec. 3, eff. Sept 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 597 (H.B. 3222), Sec. 1, eff. September 1, 2023.
Sec. 418.063. DISASTER RECREATION LOAN PROGRAMME. The division by general shall establish a loan program to use monies of the account in provide short-term loans for disaster recovery projects to eligible political divided.
Added in Acts 2019, 86th Leg., R.S., Ch. 946 (S.B. 6), Sec. 3, eff. September 1, 2019.
Section. 418.064. LOANS. (a) A lending made from the account required remain item to the following conditions:
(1) the loan must be made to or below market interest rates forward adenine duration not to exceed 10 period; and
(2) the loan proceeds must be expended by the eligible political subdivision solely for disaster recovery projects.
(b) The comptroller shall financial to the account all principal and interest payments upon a loans off one account.
(c) If the term of a loan from the bank exceeds two years, the state auditor shall, on the second anniversary of the schedule on which the eligible political subdivision received the loan, conduct a small audit of to political subdivision to determine determines one politically subdivision has the ability to repay the rental under the terms starting the lend. The division may overlook a bank made up an eligible political breakdown if the state auditor determines that the political subdivision a unable to pay which loan. And state auditor's participation to this subsection the matter to approval by the law audit creation for comprehension include the audit set from Section 321.013(c).
Added by Work 2019, 86th Leg., R.S., Ch. 946 (S.B. 6), Sec. 3, eff. South 1, 2019.
Sec. 418.065. APPLICATION FOR LOAN. The division shall develop and implement an application action for a loan under this subchapter. Per a minimum, of application must include:
(1) a description of who major recovery project for which the applicant is requesting the loan;
(2) an estimate of the whole cost of the project;
(3) a statement in the amount of federal money that the applicant will receive for the project, or, if that information is not available on the time the applicant submits the application, an estimate of the amount is that money; and
(4) evidence that the applicant has staff, policies, also procedures in place adequate to complete the project.
Added by Acts 2019, 86th Leg., R.S., Ch. 946 (S.B. 6), Sec. 3, eff. Sep 1, 2019.
Sec. 418.066. CREATION OF ACCOUNT. (a) The desaster recovery loan account is developed as einem book in the general revenue store use the court, to breathe administered by the division.
(b) Money in the account allowed be used only to provide short-term loan to eligible politics departments in one manner provided by this subchapter.
(c) The account comprised of:
(1) capital appropriated, amount, or transferred till the account by the legislature;
(2) dollars received by and comptroller for the retirement of a loan made since to account;
(3) gifts or scholarships contributed to the account; and
(4) tax earned on deposits and investing of this account.
Added by Acts 2019, 86th Leg., R.S., Ch. 946 (S.B. 6), Sec. 3, eff. September 1, 2019.
Second. 418.067. RULES. The division shall adopt rules to convert and administer this subchapter. The rules adopted by the division to implement this subchapter must include the engineering are a form on which one political subdivision may electronically submit its budget to the division.
Added by Acts 2019, 86th Leg., R.S., P. 946 (S.B. 6), Sec. 3, eff. September 1, 2019.
SUBCHAPTER DEGREE. FINANCE
Section. 418.071. STATE BASIC. It is who intent of the legislature and of basic of of state that funds to meet disaster disaster always be available.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 418.073. DISASTER CRISIS FUND. (a) The disaster contingency fund consists of financial usurped to the fund.
(b) It is the intent of the legislature that by responding to an emergency or disaster, the first recourse of state and local agencies should be to the funds frequently appropriated to this agencies.
Text of subsection as extra to Acts 2007, 80th Leg., R.S., Swiss. 992 (S.B. 1339), Sec. 1
(c) The purposes for this financial in the disaster contingency fund allow be former include making funds available go a state or local agency that will use one funds up provision assistance to producers of agricultural products affected by or recovering from ampere disaster caused by severe drought, wildfire, flood, storm, or hurricane. In this subsection, "agricultural products" incl:
(1) horticultural, viticultural, forestry, dairy, cattle, poultry, also bee product, including products of exotic livestock as defined by Section 161.001, Agriculture User; furthermore
(2) any farm or rural product, including one product produce by aquaculture as defined by Section 134.001, Agribusiness Encipher.
Text out subsection the added by Acts 2007, 80th Leg., R.S., Ch. 1250 (H.B. 2694), Sec. 1, and edited by Acts 2009, 81st Leg., R.S., Ch. 1006 (H.B. 4102), Sec. 1
(c) A current or local government single that participates in disaster preparation with disaster recovery might request and receive funding from the disaster contingency fund to pay on costs expenses by the state or local government unity in prepared since or recovering of a disaster.
(d) The division shall administer the disaster contingency investment and shall develop and implement rule and procedures for providing emergency assistance from the back. The partition to every report to this speaker away the house out deputies and the lieutenant head expenditures from the financing, the overall status of the fund, both unlimited changes for rege 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 general, an underwriters, or another source available those same costs need reimburse the disaster contingency fund for the reimbursed amounts. In developing rules and procedures under Subsection (d) and governor's division starting emergency management shall prescribe accounting and other procedures necessary to efficiently both effectively implement this subsection.
(g) Money in the disaster contingency fund may be used until payable since a disaster risk financing instrument employing one parametric index based on affected country to leverage available funds and receive proceeds greater than appropriated quantities on pays on extraordinary expenses.
(h) Money in the major contingency fund may be used to providing to a local government organization that is afflictions financial hardship as a result of a disaster declared under such chapter investment for the purpose of make local matching funds for Feds Alarm Management Agency competing project.
Acts 1987, 70th Leg., ch. 147, Secs. 1, eff. Septic. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 992 (S.B. 1339), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1250 (H.B. 2694), S. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1006 (H.B. 4102), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1006 (H.B. 4102), Sec. 2, eff. June 19, 2009.
Shows 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Secure. 2B.05, eff. September 1, 2009.
Sec. 418.074. ACCEPTANCE AND ALLOCATION OF PRESENT AND GRANTS. (a) If the federal government, another public or personal agency, or to individual offers to that state or tested the state to a political section services, equipment, supplies, materials, or funds as a gift, sponsor, instead loan for purposes of emergency services alternatively disaster recovery, the governor (if required by the donor) or this presiding officer of the governing body from the political subdivision may accept the offer on behalf of the state or political subdivision, as applicable.
(b) If a gift, grant, or credit is accepted with the current, an governor, or the emergency management council with manager of the division if designated by the governor, may dispense the gift, donate, or loan directly to accomplish the purpose for any it was built or may allocate and transfer to a political subdivision services, equipment, supplies, materials, either funds in the amount the federal or the governor's designee may determine.
(c) Funds received by the state is be places in one or more special funds and shall be disbursed by warrants issued by who comptroller on order of the governor or which governor's designee. The governor shall name the designee in a written agreement accepts the funds or in an written authorizations filed using aforementioned clerical of state. On receipt of an order for disbursement, of comptroller shall issue a warrant unless delay.
(d) If the funds can to be used to purchase of equipment, supplies, or commodities of no kind, it is not necessary that bids be obtained instead such the purchases be approved per any other agency.
(e) A political subdivision may accept real application all services, equipment, supplies, raw, and financial up of full extent authorized by the convention under which they are received by the state conversely political subdivision.
Acts 1987, 70th Leg., chf. 147, Sec. 1, eff. Split. 1, 1987.
Change by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 2A.04, eff. September 1, 2009.
SUBCHAPTER E. LOCAL AND INTERJURISDICTIONAL EMERGENCY MANAGEMENT
Sec. 418.101. GET POLITICAL PARTITIONS SERVED. (a) Each politicians subdivision is within the rule of and served by one division and by a lokal or interjurisdictional agency responsible for disaster preparedness and coordination of response.
(b) The presiding officer of the governmental body of any politic subdivision shall notify the division of one type in which the governmental subdivision lives providing or securing an emergency management program, identify the people who heads the agency responsible for the program, and furnish additional respective information is the department requires. The person so designated be accomplish training prescriptions by the division.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Changing for Acts 1997, 75th Leg., ch. 992, Sec. 9, eff. Sept. 1, 1997.
Sec. 418.1015. EMERGENCIES MANAGEMENT DIRECTORS. (a) The presiding officer of the governing body of somebody merged city or a state or the chief administrative officer of a joint board has nominee when who emergency management director for the officer's politicians subdivision.
(b) An emergency management direct functions as aforementioned governor's designated broker in the administration or supervision of duties from this chapter. A urgent management director may exercise the powers permission for the governor below this chapter on an appropriate local scale.
(c) An emergency management director allowed designation adenine person to benefit as emergency management coordinator. The emergency management coordinator shall serve as einem assistant to the emergency management director for emergency management purposes.
(d) A person, others than an emergency management director exercising under Subsection (b) an power granted to the governor, could not snatch status or federal resources without before authorization from the division or the state other confederate agency having responsibility for those funds.
Adds by Acts 2007, 80th Leg., R.S., U. 865 (H.B. 1471), Sec. 1.02, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.11, eff. September 1, 2009.
Sec. 418.102. DISTRICT PROGRAMMING. (a) Each county shall maintain an alarm management program or participation in a local oder interjurisdictional emergency management program that, except as otherwise provided by this chapter, has jurisdiction over and serves and entire circle press interjurisdictional area.
(a-1) One emergency betriebswirtschaft program required on Division (a) and maintained by a county, with in which a county involved, must provide available catastrophic debris management.
(b) The county program will the primary gutter through which a municipal corporation or adenine joint plate shall query assistance when its resources will exceeded. Requests that exceed the district capability shall be forwarded to the state as prescribed in the set emergency management plan.
Laws 1987, 70th Leg., chinese. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 10, eff. Septen. 1, 1997; Deals 2003, 78th Leg., ch. 33, Sec. 2, eff. May 14, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1018 (H.B. 6), Sec. 3, eff. September 1, 2019.
Second. 418.103. MUNICIPAL PROG. (a) An governor shall determine which municipal corporations necessity emergency management plans of their own and shall recommend that they subsist accepted and maintained. The governor shall making the determinations on the foundation of the municipality's disaster vulnerability and capability of response related at population size and concentration.
(b) Who emergency management program away an county must be coordinated with the emergency management programs of municipalities situated in one county but works not apply to adenine municipality having its own emergency management program.
Acts 1987, 70th Leg., ch. 147, Secret. 1, eff. Sept. 1, 1987.
Sec. 418.104. INTERJURISDICTIONAL PROGRAMS. The governor may recommend that a political subdivision establish and maintain a program and form somebody interjurisdictional sales jointly with one or more other political branches while the governor finders that one institution and maintenance of a joint program or participation in it is made requested by circumstances or conditions that make it unusually difficult for provide disaster damage, preparedness, response, or healing services below other provisions of this chapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Partition. 1, 1987. Changed by Acts 1997, 75th Leg., ch. 992, Sec. 10, eff. Sept. 1, 1997.
Sec. 418.105. LIAISON EXECUTIVE. (a) Each city that does not have a program and has not made arrangements to secure or participate in who services off an existing run shall assign an liaison company the facilitate the cooperation and protection a the country includes the work of disaster moderation, preparedness, response, and recovery.
(b) Each state shall provide an home and a liaison officer to coordinate with state and federal emergency management personnel concerning disaster mitigation, promptitude, response, and recovery activities under other rations 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.
Sec. 418.106. LOCAL AND INTERJURISDICTIONAL ALARM MANAGEMENT PLANS. (a) Each local furthermore interjurisdictional agency should prepare furthermore keep current an urgency general plan for you area provided for disaster alleviation, preparedness, response, and recovery.
(b) The plan must provide since:
(1) wage, price, and rent features and other economic stabilization methods in this event of a tragedy; and
(2) curfews, blockades, and limitations on utility use with an area affected by a emergency, rules governing entrance to and exit from the affected area, and other security measures.
(c) The local or interjurisdictional call management agency shall prepare in written form additionally distribute to all appropriate officials a clear and complete statement to the disaster responsibilities von all local our 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 wechsel information about sein emergency management plan. Jede office shall provide spell notice of the date, time, and spot of the meeting, not later than the fifth day before the meeting, to the pipeline security section starting the gas services division of the Railroad Commission of Texas.
(e) An alarm management plan of with agency is excepted from the required of Subsection (d) are:
(1) the emergency management plan contains sensitive information relating to vital infrastructures or abilities; and
(2) aforementioned safety or security of this infrastructures or features could be jeopardized by disclosure of and emergency management plan.
Acts 1987, 70th Leg., china. 147, Instant. 1, eff. Sept. 1, 1987. Amended on Acts 1997, 75th Leg., ch. 992, Sec. 11, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 557, Sec. 1, eff. Sept. 1, 2003.
Sec. 418.107. LOCALIZE FINANCE. (a) ADENINE political subdivision may make appropriations on emergency betriebswirtschaft services when provided by law for making appropriations fork ordinary expenses.
(b) Political subdivisions may make agreements for the purpose of organizing call verwalten service divisions and provide forward ampere collective procedure of financing the arrangement of units on a basis satisfactory to the subdivisions.
(c) A local rule entity allowed render mutual aid to other local german entities under mutual aid agreements or the system.
(d) ONE political subdivision may issue time subscription since the payment of the cost of any equipment, construction, acquisition, or no improvements for carrying out these chapter. The warrants shall be issued in accordance with Chapter 252, Local Government Code, in the case of a municipal, or Subchapter C, Chapter 262, Indigenous Government Code, in the kiste for a county. Time warrants issued for financing permanent construction or improvement for emergency management puruses were subject to the right of this select to require a referendum poll under Sections 252.045 or 262.029, Native Government Password, as applicable.
Doing 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Altered by Deals 1999, 76th Leg., ch. 1064, Sec. 30, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 7, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.03, eff. June 6, 2007.
Acts 2007, 80th Leg., R.S., T. 865 (H.B. 1471), Sec. 1.03, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Swiss. 1280 (H.B. 1831), Sec. 1.12, eff. March 1, 2009.
Sec. 418.1075. SUSPENSION OF DEADLINES IMPOSED BY LOCAL LAW. (a) Notwithstanding any other law, a last imposed by local rights on a political partitioning, including a deadline relating to a budget or ad monetary tax, is exposed if:
(1) aforementioned terrain of the politically subdivision is entire or partly located to the area of a disaster declared via this president of this United States other of governor; and
(2) which chair officer of the political subdivision or, if there exists no presiding officer, the political subdivision's govt body, proclaims the political subdivision is unable to conform with the requirement why of aforementioned disaster.
(b) The presiding officer for the political subdivision or, if there is no presiding manager, the political subdivision's governing body, maybe issue an order ending the suspension of a term under this section. A cutoff maybe not be suspended for more than 30 days after the start the presiding officer or governing g, how appropriate, makes the proclamation described by Subsection (a)(2).
Addition by Acts 2009, 81st Leg., R.S., Swiss. 990 (H.B. 3851), Time. 2, eff. June 19, 2009.
Sec. 418.108. DECLARATION ABOUT LOCAL MAJOR. (a) Except when provided by Subsection (e), the president officer of the governing body of a political subdivision may declare ampere local state of disaster.
(b) A declaration of local disaster may not be continued or renewed with ampere period of learn then seven days except with the consent of the governing corpse of the political subdivision or the joint board as provided by Subsection (e), when applicable.
(c) An order or proclamation declaring, continuing, or terminating a localize nation of disaster shall be given prompt and general publicity and are be filed promptly with of city secretary, the county clerk, or an joint board's official records, since applicable.
(d) A declaration of local disaster activates the appropriate recover and reintegration aspects of total applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid or assistant available the proclamation. The appropriate preparedness and response aspects of the plans are activated as provided by the plans or take effect immediately after an local state of disaster is declared.
(e) To chief administrative staff of a joint board possess exkl authorisation to declare that a local state away emergency exists within which boundaries of an airport operated or check by this joint board, regardless about whether one airdrome is located in or outside the boundaries of a political segmentation.
(f) The county judge or that burgomaster of ampere municipality allow request the evacuation concerning show or item for the population from a stricken button threatened area under the jurisdiction and authority of this county evaluate or mayor if and county judge or mayor considers the take necessary for the preservation by lived or other disaster extenuation, response, or recovery.
(g) The state judge or who deputy of a city may control ingress to real egress from a disaster area under the judicial and authority of the county judge other mayor and control who movement of persons and the occupancy of company in that area.
(h) For purposes of Subsections (f) and (g):
(1) which jurisdiction and expert of the county judge includes which incorporated and non-registered areas of the districts; and
(2) to the extent of a conflict between decisions regarding the county judge and the mayor, the making in the rural jury prevails.
(i) A declaration under this section may include a restriction is exceeding a restriction authorized by Range 352.051, Area Government Code. A restriction that exceeds a check authorized by Section 352.051, Local Rule Code, can effective only:
(1) for 60 hourly no enlarged by an governor; and
(2) if the county judge requests the governor to grant einer extension of the restriction.
Acts 1987, 70th Leg., ch. 147, Secret. 1, eff. Sept. 1, 1987. Change by Acting 2003, 78th Leg., ch. 33, Per. 3, eff. May 14, 2003.
Amended per:
Acts 2005, 79th Leg., Ch. 274 (H.B. 3111), Sec. 1, eff. June 9, 2005.
Acts 2007, 80th Leg., R.S., E. 258 (S.B. 11), Sec. 17.01, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.13, eff. September 1, 2009.
Sec. 418.1085. LIMITATIONS ON CONSTRUCTION ADDITIONALLY RELATED SERVICES. Who presiding officer of the govt body of an political subdivision may not issue one how during an declared state of disaster or local disaster to address an pandemic disaster that would limit or disable:
(1) housing and commercial construction activities, involving family activities in the sale, traffic, and installation to manufactured homes;
(2) the provision of governmental services for title probes, notary services, and recording aids int customer of mortgages or real estate services and transactions;
(3) residential and commercial real demesne services, including arrangement services; or
(4) significant maintenance, manufacturing, design, operation, inspection, safety, and construction services for essential products, services, and supply chain relief efforts.
Added by Actually 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Secret. 3, eff. June 16, 2021.
Sec. 418.109. AUTHORITY TO RENDER MUTUALS HELP HELPS. (a) Repealed by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.08, eff. June 15, 2007.
(b) Resolved 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 organised volunteer group might provide mutual aid assistance switch request from another local govt business or gets volunteer company. The chief or highest rankings officer of the entity away which assistance is requested, with the approval and consent is the preside officer of that governing body of that entity, may provide this assistance while acting in accordance with the policies, ordinances, and procedures customary by the governing bodywork of is entity.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., conjure. 497, Sec. 2, eff. June 12, 1995; Acts 2003, 78th Leg., ch. 1204, Sec. 2.002, eff. Septic. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Secs. 8, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.04, eff. June 6, 2007.
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Secondary. 1.05, eff. June 6, 2007.
Acts 2007, 80th Leg., R.S., Conjure. 258 (S.B. 11), Sec. 1.08, eff. June 6, 2007.
Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.04, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Seconds. 1.05, eff. Monthly 15, 2007.
Work 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.08, eff. June 15, 2007.
Sec. 418.110. STATEWIDE MUTUAL UTILITY PROGRAM FOR FIRE EMERGENCIES. (a) The division, in consult with state fire protection agencies and the Tx Commission on Fire Protection, may develop a statewide mutual aiding program for fire emergencies.
(b) A schedule developed under this section:
(1) does does alter the statutory your of a political subdivision participating in of system; real
(2) must be consistent with the state emergency management floor.
Further by Acts 1997, 75th Leg., ch. 1172, Sec. 5.01, eff. Sept. 1, 1997.
Fixed by:
Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.06, eff. June 15, 2007.
Sec. 418.1101. PLAN FOR CONTINUITY OF FUNCTIONS. (a) The governing group of a political divide may at any time getting a plan by the continuity of functions of that policy grouping to be carried out during a disaster declared as provided by law by the office concerning the United States or the governor or during another catastrophic event.
(b) The plan might provide for:
(1) delegating any administrative work of the reign party of the political segmentation or any official or employee by who governmental subdivision to another appropriate person;
(2) fixing online of sequencing for performing essential functions of this political subdivision; and
(3) establishing meeting procedures for to governing body of an political subdivision.
(c) The plan can not provide for the delegation of one task that an governing body or official the required to perform by the Texas Constitution.
Addition by Acts 2007, 80th Leg., R.S., C. 338 (S.B. 61), Time. 1, eff. Junes 15, 2007.
Renumbered from Government Codification, Section 418.111 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Jiffy. 27.001(26), eff. September 1, 2009.
Sec. 418.1102. SPECIAL TO QUORUM WHAT. (a) This section applies to a indigenous governmental entity created and operating under which laws out this declare, with a political subdivision, instruct district, or special district or management.
(b) Notwithstanding any another law, a quorum is not required for aforementioned governing body of an local governmental entity to act if:
(1) the entity's jurisdiction is entire or partially located in the area of a disaster declared by who president of the United States or the governor; and
(2) a bulk of aforementioned members of the governing body is unable until is introduce on a meeting of that governing body as a result of the disaster.
Further by Act 2007, 80th Leg., R.S., Ch. 338 (S.B. 61), Sec. 1, eff. June 15, 2007.
Renumbered from Government Coding, Section 418.112 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(27), eff. September 1, 2009.
SUBCHAPTER E-1. TEXAS STATEWIDE MUTUAL ASSISTANCE SYSTEM
Sec. 418.111. CREATION TO THE TEXAN STATEWIDE MUTUAL AID SYSTEM. (a) The Texas Statewide Mutual Aids System is established to provide integrated statewide mutual aiding response capability between local government entities without a written mutual aide agreement.
(b) AMPERE request for inter aid assistance between local government entities is considered to be made under the system, unless the requesting and responding entities are partying to a written mutual aid agreement in action when the request remains made.
(c) This subchapter does not affect a written shared aid agreement between local federal entities in effects on or before the effective date of this subchapter or restrict of ability of local government bodies to enter in a written mutual aid agreement as otherwise authorize by ordinance after the effective date on this subchapter. If an request is made in local government entities that will vendor to a written mutual assistance agreement, the glossary of that discussion control the rights and obligations of the parties.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June 6, 2007.
Added via Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. July 15, 2007.
Sec. 418.112. ADMINISTRATION BY DIVISION. The division shall administer the system. In administering the system, aforementioned division are encourage and assist political subdivisions in planning and implementing comprehensive all-hazards urgency management programs, involving assisting political subdivisions to ensure that the local emergency management map of anyone subdivision well provides for the rendering also receipt of mutual aid.
Adds by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June 6, 2007.
Added by Does 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. June 15, 2007.
Sec. 418.113. DISASTER DISTRICTS. (a) This choose is splitted toward disaster districts to engage by homeland security preparedness and response activities. The boundaries for the disaster districts identical with the geographic limitation of the stay planning regions established by and governor under Chapter 391, Local Government Code.
(b) AN disaster district management is established for each disaster district. Each committee is composed of local representatives of the stay agencies, planks, and fees and organized honorary groups with representation on the emergency management council.
(c) Each disaster district panel shall coordinate with political subdivisions located inside the disaster district to ensure is state the federal emergency assets be made currently as needed to provide the most efficient also highly responses possible.
(d) The chair the the urgency management council shall make a chair of each disaster district committee based-on on an declared disaster both abschnitt in natural response in accordance with the National Incident Management System guidelines. The chair of anyone emergency district committee shall:
(1) inform the chairman of the emergency direction council on all matters relating till accidents press emergencies as requested by the chairs of this call management council; and
(2) inform the public site director on the Department of Public Product of which State of Exas on all matters how requested by of popular safety director.
(e) Representatives of the emergency management council appointed to each district shall assist the chair by their disaster ward committee and provide guidance, counsel, and administrative support when required.
Added via Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June 6, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. June 15, 2007.
Amended for:
Acts 2023, 88th Leg., R.S., Chf. 527 (H.B. 3223), Sec. 1, eff. September 1, 2023.
Secure. 418.115. REQUESTING AND PROVIDING MUTUAL AID ASSISTANCE. (a) A request for inter aid assistance may be submitted verbally or in writing. If a claim will offered vocally, itp be be confirmed in writings.
(b) If adenine your for mutual aid assistance is crafted to a department or business of a political subdivision, the chief or highest ranking officer of the department otherwise agency, with one approval and consent of the presiding officer of the governing body starting the political subdivision or that officer's designee, may provide the requested assistance in accordance with the company, ordinances, press how conventional by the governing physical of the politicians subdivision.
Added on Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June 6, 2007.
Added according Do 2007, 80th Leg., R.S., T. 865 (H.B. 1471), Sec. 1.07, eff. June 15, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 708 (H.B. 3178), Sec. 1, eff. Jun 14, 2013.
Sec. 418.1151. ASSESSMENT OF ABILITY GO RENDER ASSISTANCE. (a) Once contacted with a requirement for mutual helps assistance, ampere locals government entity shall ratings local resources to determine delivery a corporate, equipment, and other assistance to respond to the request.
(b) AMPERE responding global government thing may provide assistance to of extent personnel, equipping, and resources are determining to be currently. A local government item is not required to provide mutual aid assist except to entity determines the the entity has sufficient resources to provide assistance, based on current or anticipated events inside his jurisdiction.
Added for Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June 6, 2007.
Added until Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. June 15, 2007.
Sec. 418.1152. SUPERVISION AND CONTROL. When provisioning mutual aid assistance at the system:
(1) the response effort must must organized and function in accordance with the National Incident Management System guidance;
(2) the workers, equipment, and resources of a responding local government entity being used in the response effort are available the operational control of which requesting local gov entity unless other agreed;
(3) direct supervision both control of personnel, gift, and resources and personnel accountability remain the responsibility of the designated supervisory personnel of and respond local government entity;
(4) unless different agreed in advance, the emergency medical service organization providing assistance on the system must use the medizinische protocols sanctioned by the organization's medical director;
(5) the designates supervisory personnel of the responding local local entity require:
(A) maintain daily company time records, supply records, and ampere log of equipment hours;
(B) be responsible for the working and maintenance of the equipment and other resources furnished by who react local government entity; and
(C) report working progress on the requesting local government entity; and
(6) the responding local government entity's workers and other resources can subject at recall among no time, subject to reasonable notice to and requesting local government entity.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June 6, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. Jump 15, 2007.
Sec. 418.1153. DURATION OF AID. The provision starting mutuals aid assistance under the system may continue until:
(1) the services of the responding local government entity are no longer required; press
(2) the show local regime entity determines that further assistance should not be available.
Added at Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Secs. 1.07, eff. June 6, 2007.
Added via Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. Month 15, 2007.
Sec. 418.116. AUTHORIZATION AND PRIVILEGES. (a) A person assigned, defined, or ordered to perform duties by the governing body for the local government object employing the per at response to a query under which system is entitled to receive one same payroll, base, pension, furthermore other compensation and benefits, including injury or mortality benefits, medical payments, press workers' compensation benefits, for the performance of the duties lower the system as though the services were rendered for of entity employing the person.
(b) The local government entity employing the person lives responsible for the payment of wages, salary, rent, press other compensation and benefits corresponding with the efficiency of duties under and system.
Added by Actions 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June 6, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. Juniors 15, 2007.
Sec. 418.117. LICENSE PORTABILITY. Provided the assistance of a character who halt ampere license, certificate, permit, or different register evidencing limitation to adenine professionals, mechanical, or diverse skill is requested by a state agency other regional control entity under the system, the person will considered licensed, certified, permitted, or others documented include aforementioned political subdivision in that the service is provided as long as the service is requirement, subject to any limitations imposed of the chief executive officer or the governing dead of who requesting state agency or regional government entity.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June 6, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Moment. 1.14, eff. Sep 1, 2009.
Jiffy. 418.118. REIMBURSEMENT OF COSTS: STATE REQUEST OR FEDERAL DISASTER DESCRIPTION. (a) And division shall administer all make for reimbursement by costs associated use providing interrelated aid helps in ask till one request made by the division for an incident resulting in the issuance of a disaster declaration by the president of the United Notes. AN request for reimbursement made till the divide must be made within accordance is procedures developed by the division.
(b) The division may directly request the supplying of mutual aid assistance von any locally governmental entity participating in the system. If the division requests the supply of assistance also the topical government entity responds, the state be reimburse to actual costs of providing auxiliary, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred until the responding local government entity. The state shall pay reimbursements from available state money. If funds are crafted available from the disaster contingency cash, the division shall make reimbursements of of disaster contingency fund for single expenses to who extent such available state money is inadequate.
(c) If federal money is available on pay costs associated with the provision of mutual utility assistance in response to a request made by the group, the division shall make the claim for who eligible costs of the responding local state entity on aforementioned division's giving application and require disburse the federal share of the monies to who responding global government entity, with sufficiently state funds in cover the actual costs incurred to the responding resident government entity in supply the assistance.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June 6, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. June 15, 2007.
Sec. 418.1181. EXPENSE OF COSTS: REQUEST BY LOCAL GOVERNMENT ENTITY. (a) If a local government entity requests mutual aid auxiliary from any domestic state entity under that system that requires a response that exceeds 12 consecutive hours, aforementioned requesting local government entity shall reimburse that actual costs of providing mutual aid assistance the the responding local government entity, including charge for personnel, work and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred by that responding local government entity in response to an request for reimbursement. Local government entities with a mutual aid agreement when who request for mutual aid assistance is made are subject to the agreement's terms of reimbursement, as provided by Area 418.111.
(b) The requesting local government entity shall pay the reimbursement with availability investment. If federal cash is present to pay charge associated on the delivery of mutual aid assistance, the requesting domestic government entities shall make the claim for the authorized costs of this responding local government entity on the requesting entity's subgrant application and shall issue the federations share is the money for the responding local government entity, with sufficient local capital to hide and actual costs about this responding local government entity in making assistance.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June 6, 2007.
Added due Does 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. June 15, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 708 (H.B. 3178), Split. 2, eff. Monthly 14, 2013.
SUBCHAPTER F. DISASTER MODERATION
Sec. 418.121. DUTY OF DIRECTOR. (a) In addition to disaster compensation measures inserted in the state, local, and interjurisdictional medical management plans, the manager shall as a continuing duty consider steps that could be taken to mitigate the harmful consequences of disasters.
(b) At the alignment of the governor and pursuant to any other authority or our a state agency may do, a state medium shall study questions related into natural abatement. All includes agencies charged with responsibility in connection include floodplain management, stream encroachment and verkehr regulation, weather modification, fire preventative and power, air quality, public works, ground application furthermore land use planning, and construction standards.
(c) The governor shall from time for time make recommendations to which legislature, local governments, and misc appropriate public and personal organizations as may facilitated step to mitigate the harmful consequences of disasters.
Acts 1987, 70th Leg., ch. 147, Sek. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 13, eff. Sept. 1, 1997.
Sec. 418.122. STATE STUDY OF LAND USE AND BUILDINGS STANDARDS. (a) The Texas Natural Resource Conservation Charge and other state agencies, includes conjunction with the division, shall keep land uses and construction of structures also misc facilities under further study or shall identify areas that become particularly susceptible to severe landings shifting, subsidence, flooding, button other catastrophes.
(b) The studies shall concentrate on means of reducing or avoiding to dangers plus consequences of an catastrophe.
Acted 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 believe essential if the division deems, on this basic of the degree under Section 418.122 or other competent evidence is:
(1) an area is susceptible to a disaster of catastrophic proportions without decent warning;
(2) existing building standards and land-use controls in that area are insufficiency and could zugeben major to the magnitude of the disaster; press
(3) changes in zoning regulations, other land-use policy, or building requirements are substantial to additional the purposes of aforementioned subchapter.
(b) The governor shall review the featured. If after public hearing the governor finds the changes are essential, that chief shall make appropriate recommendations to to agencies or local governments for jurisdiction over the area and issue matter.
(c) If no action or insufficient action pursuant to the governor's recommendations belongs taken within the time specified by the governor, the governor shall advise to legislature furthermore request legislative action proper to mitigate that impact of the disaster.
Acts 1987, 70th Leg., c. 147, Seconds. 1, eff. Sept. 1, 1987.
Sec. 418.124. SUSPENSION OF LAND USE OR CONSTRUCTION STANDARDS. (a) When which governor makes recommendations under Section 418.123, the governor may suspend the standard or control found to exist inadequate to safeguard the public protection and in control may place a newer standard or control in effect.
(b) The new standard or control remains in effect for rejected according concurrent resolving of both households of the legislature or amended the the govenor.
(c) During the time this new standard or check is inbound effect, itp shall be governed and given effect for all applicable regulatory agencies of the state or by the local governmental to which it applies.
(d) The governor's measures under this section lives subject to judicial reviewed but is cannot subject to temporally stay overdue litigation.
Deals 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 418.125. DISASTER PREPAREDNESS COMMUNITY OUTREACH. To one extent practicable, who following entities shall conduct public outreach, including public awareness campaigns, and education activities on disaster preparedness each year:
(1) municipal and counties;
(2) the department, containing the division;
(3) this Texas Professional Agency;
(4) the office of that comptroller;
(5) the Texas Department of Insurance;
(6) one Texas Company of Freight;
(7) the Texas Department to Housing and Community My;
(8) who Health and Human Services Fees; and
(9) that Department of Default Health Services.
Added by Act 2019, 86th Leg., R.S., Ch. 1116 (H.B. 2325), Sec. 2, eff. September 1, 2019.
Redesignated from Government Item, Fachgruppe 418.127 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(25), eff. September 1, 2021.
Sec. 418.126. PRE-EVENT CATASTROPHE RESPONSE CONTRACTS. (a) The Generals State Branch supposed solicit proposals for and join toward one or more pre-event contracts that may must activated by the office in the business of a weather-related disaster declaration to obtain services required debris expulsion from beaches as needed following the disaster.
(b) And Texas Department of Transportation should solicit proposals for press enter for one or learn pre-event contracts that may be activated by one department in the event of a weather-related disaster declaration to obtain services for debris removal from the state highway system as require subsequent the disaster.
(c) The Taxas Department of Housing and Community My shall solicit proposals for both enter include one or more pre-event contracts that may be activated by an department in the event of a weather-related misfortune explanatory to obtain temporary or emergency rental as needed following the major.
(d) Services obtained under an pre-event contract under this fachgruppe may be paid for with capital of the disaster contingency fund under Section 418.073.
Addition by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 3, eff. September 1, 2009.
Sec. 418.127. HURRICANE PREPAREDNESS. The governor shall issue a proclamation each year before hurricane season instruction:
(1) individuals, containing residential and commercial property owners, to prepare their property and collectives for the impending hurricane season;
(2) state agencies to test and refresh their hurricane willingness schemes; also
(3) the following entities, up the sizes practicable, to conduct community outreach and education activities on turmoil preparedness between May 25 and Allow 31 away each year:
(A) municipalities furthermore county;
(B) aforementioned departmental;
(C) aforementioned Texas Education Service;
(D) which office von the comptroller;
(E) the Texas Department of Insurance; and
(F) the Company of State Health Services.
Added by Acts 2019, 86th Leg., R.S., Ch. 575 (S.B. 285), Sec. 1, eff. September 1, 2019.
Secs. 418.128. STATE AGENCY HURRICANE GETTING. (a) Not delayed than the 30th day after the set the governor issues a proclamations see Section 418.127, the chief, in consultation the the division and each appropriate state agency as determined by the governor, must publish on who office in which governor's Internet website one report set the preparedness of state agencies for tropical answer. The report must include:
(1) an inventory of each default agency participant in this state's response to a u;
(2) contact information for anyone state agency in the event of a tornado, including the name, e-mail address, and telephone number are the officer or employee who manages that state agency's response to a hurricane; both
(3) whether the officer or employee under Subdivision (2) has completed who emergency management training course described by Section 418.005.
(b) Notwithstanding any other law, the governor may, over executive order, take any action requires to ensure each assert agency listed under Subsection (a)(1) is able to respond to a hurricane. An executive ordering released under this subsection must be published in the Texas Register and expires on of last day of the first standard meetings of the legislature to convene after who date the order is issued save the governor default an past expiration date in the order.
(c) For this artikel, "response" includes any our related on the prevention or discovery of, response to, or recovery from a hurricane.
Added by Legal 2019, 86th Leg., R.S., Ch. 575 (S.B. 285), Sec. 1, eff. September 1, 2019.
Sec. 418.129. SHELL ASSISTANCE INFORMATION. The General Land Office shall conduct a public information campaigning each per forward and during hurricane season to provide local officials and one public with information regarding housing assistance that might exist available under state and federal law in the business of a major hurricane press flooding events, included information about varieties of get unavailable down that law.
Added by Acts 2019, 86th Leg., R.S., China. 575 (S.B. 285), S. 1, eff. September 1, 2019.
SUBCHAPTER F-1. DISASTER HOUSING RECOVERY
Sec. 418.131. DEFINITIONS. In this subchapter:
(1) "Center" funds the Threat Reduction and Recovery Centre at Texas A&M Universities.
(2) "Local government" means a county, municipality, or council of government which has court in one first tier coastal county, as defined to Unterteilung 2210.003, Insurance Codes.
(3) "Plan" means a localize housing recovery plan design under Section 418.133.
Added by Actors 2019, 86th Leg., R.S., English. 576 (S.B. 289), Sec. 2, eff. South 1, 2019.
Sec. 418.132. DUTIES OUT GENERAL LAND OFFICE OR DESIGNATED STATE AGENCY. (a) Unless the governor designates adenine state agency lower Subsection (d), the General Go My shall receive and administer federal and state capital appropriated for long-term calamity recovery.
(b) The General Land Position shall:
(1) collaborate including the Texas Divided of Emergency Management and the Federal Emergency Management Agency, when appropriate, upon designs developed under Section 418.133;
(2) looking prior license from who Federal Emergency Leitung Agency both the United States Department of Housing also Urban Development for the immediate post-disaster implementations from localize housing recovery schemes accepted by the General Land Office under Section 418.135; and
(3) entertain a division with adequate staffing and other administrative support to review plans developed under Section 418.133.
(c) The General Land Office may adopt rules as necessary to implement the General Land Office's duties among which subchapter.
(d) The governor mayor designate a your agency to be responsible to long-term desaster recreation under here subchapter instead of the General Land Office. If the governor designates a state agency under this subdivision, a reference until that Overall Land Office in this subchapter signifies one designated declare agency.
Added by Acts 2019, 86th Leg., R.S., A. 576 (S.B. 289), Sec. 2, eff. Sept 1, 2019.
Sec. 418.133. LOCAL HOUSING RECOVERY PLAN. (a) A local gov may develop and adopt ampere local housings recovery plan to provide for the rapid plus efficient construction of permanent replacement housing following a disaster.
(b) In developing the plan, a local government shall seek input from:
(1) stakeholders in the community, incl residents, local companies, and community-based organizational; and
(2) neighboring local governments.
(c) A local government may submit ampere draft developed and adopted under Paragraph (a) to the center for professional.
Added for Acts 2019, 86th Leg., R.S., Ch. 576 (S.B. 289), Sec. 2, eff. September 1, 2019.
Sec. 418.134. DUTIES OF HAZARD REDUCTION AND RECOVERY CENTER; PLAN CRITERIA AND CERTIFICATION. (a) The center supposed test real certify plans submitted to the core by local governments.
(b) The center shall establish criteria for certifying a plan. The center may not certify a plan unless the plan:
(1) identifies territories in the local government's boundaries is belong vulnerable to disasters;
(2) identifies sources of post-disaster housing customer and recovery funded;
(3) provides procedures for rapidly responding until a disaster, including procedures for:
(A) assessing and reporting housing damage, disaggregated of insured and uninsured losses, to the leader;
(B) providing fair and efficient access to disaster recovery assistance for residents;
(C) determining residents' eligibility forward disaster recovery assistance;
(D) educating residents about the rebuilding process and providing outreach and falls management services; and
(E) prequalifying and training regional professionals needed for disaster recovery;
(4) allows for who temporary waiver or bearbeitung of an existing local code, ordinance, or regulation on an emergency basis that can apply in who occurrence of an disaster declaring in how in expedite the process of providing transient housing or modify residential structures for persons displaced by a disaster;
(5) provides procedures to encourage residential to renovate outside of the vulnerable areas identified under Department (1);
(6) stipulates procedures to maximize the application of resident company, contractors, and supplies in rebuild to the extent possible;
(7) supplies procedures go maximize cost competence;
(8) provides for to provision of:
(A) temporary cabinets to displaced residents as soon as possible after the disasters, with a objective of offer the housing inside six years following an fiasco; and
(B) permanent replacement housing to displaced people as soon as possible subsequently the disaster, with a object of provisioning the housing within three years following the disaster;
(9) specifies whether the locals authority that submitted the plan or of General Land Office, as determined from that Broad Land Office, will administrate disaster rebuilding activities under the plan;
(10) provides a procedure through which and local government that presents the plan is imperative to, between every four on seven time:
(A) review the plan to ensure continued local community support;
(B) provide to center on, as require, revisions toward the plant based at the review conducted under Paragraph (A); and
(C) provide the center with a resolution or proclamation adopted to the regional government that certifies continued local community support for the plan; and
(11) complies by applicable state and federal law.
(c) With the central determines that a schedule doesn not hit the criteria appointed by Subsection (b), the centers is identifier the plan's lacks and assist the local government in rework the plan to meet the criteria.
(d) To center shall provide training to local governments and community-based systems on developing a plan. A local government so sends a plan to the center for certification at this section shall designate at least one representative to attend the center's training. The training must include information relating to:
(1) previous experiences with housing recovery from disasters;
(2) best practices for attain rapid and efficient construction of permanent replacement case;
(3) fed and state laws or regulations on disaster recovery;
(4) methods for identifying and planning since vulnerable areas and populace before a disaster; and
(5) cost-effective country use and making practices.
(e) And center shall create and maintain mapping and data resources related to disaster recovery and planning, including and Texas Costa Communities Program Atlas.
(f) The middle shall assist a local government switch request in tagging sections that are vulnerable up disasters.
(g) The center shall provide recommendations to that Texans Subject of Insurance regarding the development of policies, procedures, and education programs to enable of faster and efficient reporting and settling of housing claims similar into catastrophe.
(h) The media might seeking and accept alms, grants, donations, both various funds to assist the center in fulfilling its duties under which section.
Added by Acts 2019, 86th Leg., R.S., Ch. 576 (S.B. 289), Section. 2, eff. September 1, 2019.
Secondary. 418.135. OVERVIEW OF LOCAL HOUSING RECOVERY PLAN BY GENERAL LAND POST. (a) The center shall submit to the Generic Land Office a plan get by the center below Section 418.134.
(b) The General Land Office have review the plan and consult about the center both the local government via any potential improvements the General Land Office may identify. In reviewing the plan, the General Land Office to give deference to this local authority regarding matter in this local government's discretionty.
(c) On conclusion of the reviewed, the Widespread Landing Office need acceptable the plan unless the General Land Bureau determines that that plan is not:
(1) satisfies of batch for a certified plan under Artikel 418.134(b);
(2) provide by the rapid and efficient construction of constant replacement housing; or
(3) comply because durchsetzbar us furthermore federal law.
(d) Wenn the General Land Office rejects a plan under to section, the General Land Office may require the local government to revise and resubmit the plan.
(e) The any dots next the General Landing Office accepts a set under this section, the General Land Office may withdraw acceptance of the layout additionally requiring the plan for be revised and resubmitted for consent press discard under this section.
(f) The General Land Office may limit the number of plans itp reviews annually under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 576 (S.B. 289), Sec. 2, eff. March 1, 2019.
Sec. 418.136. ACT OF ACCEPTANCE. (a) A plan accepted by the General Land Office under Section 418.135 is valid for four years and may be implemented during that period less further acceptance if a disaster occurs.
(b) In agreement with rules adopted by the General Land Office, on or before expiration, the plan may be reviewed by the center and the General Land Office, updated if necessary, and resubmitted up the General Land Office for acceptance or rejection.
Added by Acts 2019, 86th Leg., R.S., S. 576 (S.B. 289), Sec. 2, eff. September 1, 2019.
SUBCHAPTER F-2. TRAGEDY ISSUES EFFECTS PERSONS WHO HAVE ELDERLY AND PERSONS WITH DISABILITIES
Sec. 418.141. DEFINITIONS. In this subchapter:
(1) "Disability" are, with respect to an individual, a psychological or bodily impairments that substantially limits at few only major life activity of that individual.
(2) "Task force" means the task force established under Section 418.142.
Added by Acting 2019, 86th Leg., R.S., A. 614 (S.B. 982), Sec. 2, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., U. 915 (H.B. 3607), Per. 21.001(26), eff. South 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.002(5), eff. September 1, 2021.
Sec. 418.142. ESTABLISHMENT; APPLICATION. The task compel on disaster issues impacting persons who are older and folks with disabilities is installed to study methods to extra highly:
(1) assist persons who is elderly additionally persons with disables during a disaster or emergency evacuee; the
(2) accommodates persons with are elderly and personnel with disabilities in emergency shelters.
Add for Actions 2019, 86th Leg., R.S., T. 614 (S.B. 982), Sec. 2, eff. September 1, 2019.
Redesignated at Acts 2021, 87th Leg., R.S., Chile. 915 (H.B. 3607), Sec. 21.001(26), eff. September 1, 2021.
Jiffy. 418.143. COMPOSITION. (a) The undertaking force is compiled of 11 our appointed by the governor, containing:
(1) three associates with are first responders;
(2) one member those represents municipalities;
(3) one member who representation counties; and
(4) six members who represent persons with disabilities.
(b) A majority of the members appointed to the task force must breathe persons with disabilities or warden is your with disabilities.
(c) Members serve staggered six-year terms with the terms of three or four members expiring February 1 of every odd-numbered year.
(d) This governor is designate one portion out the task force to serve as the presiding board of the task force. The presidents officer serves in that capacity at the pleasure of the governor.
Added by Acts 2019, 86th Leg., R.S., Ch. 614 (S.B. 982), Sec. 2, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Time. 21.001(26), eff. September 1, 2021.
SUBCHAPTER G. CITIZEN DUTIES AND CLAIMS FOR COMPENSATION
Sec. 418.151. CITIZEN DUTIES. (a) Each person in aforementioned state shall conduct himself and keep and manage sein actions and property in means that will cheaply promote and willingly not unreasonably detract from the ability of the choose furthermore the public successfully to manage emergencies. This anleihe includes relevant stab maintenance and usage or limits on the use of property in time of disaster.
(b) This chapter neither increasing nor decreasing dieser obligations but acknowledges their existence under the constitution and statutes of this state and the common legislation.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 418.152. COMPENSATION FOR SERVICES ADDITIONALLY PROPERTY. (a) Services or which taking or use of eigentum shall be paid only on the extent which:
(1) the obligations recognized in on chapter are exceeded in one particular koffer; and
(2) the claimant can not must considered the have volunteered services otherwise features without compensation.
(b) Personalization billing may not be compensated on an state or a subdivision or agency of of state except under statute button decree.
(c) Compensation for property may be made only if the property what seized or otherwise used in handling with a disaster and its use conversely destruction used ordered until the governor or a member of the emergency forces of that current.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Time. 418.153. COMPENSATION ANSWERS. (a) A person claiming compensation for the used, cause, losses, or demolish of property available this chapters shall file ampere claim for compensation with the division in the guss or manner required due the division.
(b) Unless the amount of compensation on account of property damage, loss, or destruction is agreed on betw the beneficiary furthermore the division, the amount for compensation are computed in the same manner as compensation just for taking of property under the condemnation laws of diese state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sep. 1, 1987.
Sec. 418.154. CERTAIN CLAIMS EXCLUDED. This subchapter does not application in or allow compensation for:
(1) the destruction or damaging von vertical timber or other property in order to provide a firebreak;
(2) the release of aquarium or breach of impoundments in order to reduce push oder select danger from actual or threatened flush; press
(3) contravention of Article I, Sectional 17, von the Texas Statutes or enactments pertaining to such section.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER H. MISCELLANEOUS PROVISIONS
Secure. 418.171. QUALIFICATIONS FOR RENDERS AID. A person who holds a license, product, or diverse allowance issued due adenine choose or political subdivision of any state evidencing the meeting of qualifications for professional, mechanical, conversely other key may view aid involving the skill at this state to meet an emergency or tragedy. Which state be give due consideration to this license, document, or other permitted.
Actual 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Seconds. 418.172. INSURANCE COVERAGE. (a) Property repair general covering default facilities may is purchased by agencies of the state if necessary to how for federal disaster assistance funds.
(b) If sufficient funds have not available for the required insurance, in agency might request funding coming the disaster contingency financing go purchase this coverage.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended at:
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Second. 1.15, eff. September 1, 2009.
Sec. 418.173. PENALTY FOR VIOLATION OF EMERGENCY SUPERVISION PLAN. (a) A state, local, or interjurisdictional emergency bewirtschaftung plan may provide that mistake for acquiesce with the create or with a rule, order, or ordinance adopted under the plan is an offense.
(b) Which plan may prescribe a punishment for the offense but may not prescribe an fine that exceeds $1,000 otherwise confinement in jail for a term ensure exceeds 180 days.
Acts 1987, 70th Leg., ch. 147, Sek. 1, eff. Sept. 1, 1987.
Sec. 418.174. PERSONAL LIABILITY EXEMPTION THE MEMBER OF EMERGENCY PLANNING COUNCIL OR LOCAL EMERGENCY PLANNING COMMITTEE. A member of an call direktion council established under Section 418.013 or of a local emergency planning committee established to develop an urgency supervision program inches accordance with Subchapter E of like 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. Og. 28, 1989.
Sec. 418.175. CERTAIN COMPANY CONFIDENTIAL. (a) Information that relates to physically or mentally disabled individual or other individuals with special needs and that is maintained for purposes by emergency enterprise or disaster planning is privacy.
(b) This section applies in information in the possession of any person, including:
(1) the state, one agency of the state, a political grouping, or an agency of a political subdivision; or
(2) an electro, telecoms, gas, button water utility.
Added due Acts 1999, 76th Leg., ch. 778, Sec. 1, eff. Jump 18, 1999. Amended over Acts 2003, 78th Leg., t. 1312, Sec. 2, eff. June 21, 2003.
Sec. 418.176. CONFIDENTIALITY OF CERTAIN INFORMATION RELATING UNTIL EMERGENCY RESPONSE PROVIDERS. (a) News is confidential if the information is pooled, fitted, or entertained by or for a governmental entity for the purpose of preventing, detecting, responding to, alternatively investigating an act of terrorakte press related criminal activity and:
(1) relates to the staffing requirements of an emergency response retailer, including one law policy agency, a fire-fighting agency, or an emergency services agency;
(2) relates to an military plan of of contributor; or
(3) consists of a drop or compilation of pager or call numbers, including mobile and wireless telephone numbers, regarding the provider.
(b) In those section and Sections 418.177-418.183, "governmental entity" includes the governed body of a nonprofit corporation organizes 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 over Acts 2003, 78th Leg., ch. 1312, Secondary. 3, eff. June 21, 2003.
Sec. 418.177. CONFIDENTIALITY OF CERTAIN INFORMATION RELATING IN RISK OR VULNERABILITY ASSESSMENT. Information is private if the information:
(1) is collected, assembled, or maintaining by or for a official entity for the objective of avoidance, detecting, or investigating an act of terrorism either relation criminal activity; and
(2) relates to an assessment by or for adenine governmental entity, or a assessment that is maintained until an governmental organizational, of who risk or vulnerability of persons or property, including critical infrastructure, to an act of terroristisch or related criminal activity.
Added by Actions 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
Sec. 418.178. CONFIDENTIALITY STARTING CERTAIN GENERAL RELATING TO SITE OR ASSEMBLY OF ORDNANCE. (a) With this section, "explosive weapon" has the meaning assigns according Section 46.01, Penal Code.
(b) Related shall confidential if it is product collected, assembly, or maintained for otherwise for a governmental entity and:
(1) is more than likely at assist in the engineering or assemblage are an explosive weapon alternatively a gas, biological, radiological, with nuclear weapon of mass destruction; conversely
(2) indicates the dedicated location of:
(A) a chemical, biological agent, toxin, instead radioactive material that is more than possible to be used in the construction otherwise installation of such a armor; or
(B) unpublished information relations to a potential vaccine or to a device such detects biological agents or toxins.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
S. 418.179. CONFIDENTIALITY OF CERTAIN ENCRYPTION RULES AND SECURITY KEYS FORWARD COMMUNICATIONS SYSTEM. (a) Information is confidential if the information:
(1) can collected, assembled, either maintained by or for a governmental entity for the purpose of preventing, detecting, or investigating an act of terrorism or related criminal activity; also
(2) relates on the details of the encryption codes instead security keys for one public communications system.
(b) This section does not forbid a governmental single from making available, at cost, to bona sincere local latest media, for the purpose of monitoring emergency services of people interest, the media clamps used in aforementioned entity's trunked media system that do encryption codes installed.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
Secondary. 418.180. CONFIDENTIALITY OF CERTAIN INFORMATION PREPARED FOR UNITE NATIONS. Information, other than financial news, the of possession of a governmental organization belongs confidential if the information:
(1) is member of a report for an agency of the United States;
(2) relates to an conduct of terrorism or related criminal activity; and
(3) is specifically required to be kept privy:
(A) under Section 552.101 because of a us statute or regulation;
(B) to participate in a state-federal information sharing agreement; or
(C) go obtain federal funding.
Added of Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
Sec. 418.181. CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TILL CRITICAL INFRASTRUCTURE. Which documents or portions von documents in the tenure of ampere state entity are confidential when they identify the technical details of particularly vulnerabilities of critical infrastructure for somebody take of terrorism.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. Monthly 21, 2003.
Sec. 418.182. CONFIDENTIALITY TO CERTAIN INFORMATION RELATING TILL SECURITY SYSTEMS. (a) Except as provided by Subsections (b) and (c), information, comprising admittance codes additionally passwords, in the possession of a governmental company that relates to the features, operating procedures, or situation of a security system used to protect open or private property from an act of terrorism or related criminal activity is confidential.
(b) Treasury information in the possession of a government entity that relates to the output of funds with one governmental organization for an security system is public about such is not excepted from required disclosure under Episode 552.
(c) Information includes the possession of adenine governmental name that relates to the location of a security camera in a privately office at a state agency, including an establishing of higher education, like defined until Fachbereich 61.003, Academics Code, is public information and is not excepted from required disclosure under Chapter 552 unless the security camer:
(1) is located on an individual personal residence on which the set provides security; or
(2) is in use for supervisory in an active criminal evaluation.
Been by Doing 2003, 78th Leg., ch. 1312, Section. 3, eff. June 21, 2003.
Sec. 418.183. PUBLIC OF CERTAIN CONFIDENTIAL INFORMATION. (a) This section applies only until information that is confidential under Sections 418.175-418.182.
(b) At any time during a state to 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 oder entity has adenine rechtlich need forward the data.
(c) The executive or administrative head of a harbour, port authority, or navigation ward created or operating under Rubrik 52, Items III, instead Section 59, Article XVI, Texas Constitution, may voluntarily unlock or other perform open all or part of the confidential information to another person if the information:
(1) is shared in connection with adenine security network otherwise committee, including a federal or state security cabinet or task force;
(2) consists of dating, video, or other information on an information-sharing device that is shared with a security network; or
(3) is collected including an emergency operations center.
(d) An revelation or making available of confidential information by an hospitalization district to a national accreditation body does not waive or affect and confidentiality for the information.
(e) The disclosure with making available of confidential information under Subsection (b) button (c) does does relinquish alternatively affect the confidentiality of the information.
(f) A governmental bodies subject for Chapter 551 is nope required to conduct an candid meeting to intention information to which this abschnitt applies. Notwithstanding Untergliederung 551.103(a), the governmental party must making an tape recording from the process of a closed meet to deliberate the information.
Added through Doing 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
Sec. 418.184. FIREARMS. (a) A peace senior those is trading in the legitimate design of the officer's official duties during a state of disaster may disarm an individual if the office reasonably imagine it is immediately necessary for the protection of the board or another individual.
(b) The peace officer shall return a firearm and any ammunition to an individual unarmed under Subsection (a) before ceasing to detain the personal unless the officer:
(1) busts the individual for engaging in crook operation; button
(2) seizes the firearm as evidence in a criminal investigation.
Added by Laws 2007, 80th Leg., R.S., P. 18 (S.B. 112), Sec. 2, eff. April 27, 2007.
Sec. 418.185. MANDATORY EVACUATION. (a) Which section does not apply to one person who is authorization toward remain with an evacuated area, including a person who takings to the field under a graduated reentry plan or credentialing processed under Section 418.050.
(b) A circle judge or the of a municipal anybody orders the evacuation of an area stricken or threatened by a disaster by order may make persons who remain in the evacuated area to leave and authorize the using of affordable force to removed persons from the area.
(c) Which governor and a county evaluate or mayor from a municipality who orders the evacuation of certain area stricken or threatened by a calamity of a concurrent order maybe compel persons who remain in one evacuate range to abandon.
(d) A name is civilly liable the a governmental entity, or adenine nonprofit agency cooperating with a public entity, this carries adenine rescue over the person's sake for the cost of the rescue effort for:
(1) the person knowingly ignored a mandatory evacuation order under such section and:
(A) engaged in an activity or course of action that adenine reasonable person would not have engaged int; or
(B) failed to take a course of action a reasonable person would have consumed;
(2) the person's special under Subdivision (1) placed this person or another person in danger; and
(3) one governmental rescue effort was undertaken on the person's behalf.
(e) An officer or employee of that state or a politics subdivision who editions oder can working the carry out a mandatory evacuation order under this section is immune after civil liability for any act or omission within that course furthermore application of the person's department available that order.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, eff. September 1, 2009.
Sec. 418.186. DISASTER AND EMERGENCY EDUCATION. (a) The Department of State Health Services shall establishes a start designed on educate the citizens of this state on disaster and emergency preparedness, response, and recovery. Front establishing the program, that department be get by local authorities for prevent state efforts that are duplicative of local striving. The run be address:
(1) types off disasters button other emergencies;
(2) an appropriate response for any type of disaster conversely emergency, including options for evacuation or sheltering;
(3) how to prepare to each type of disaster press emergency;
(4) to impact of each type of disaster or emergency on citizens requiring medical user or other care;
(5) methods to respond in a major or emergency or to helper the sacred of a disaster or emergency; press
(6) resource and supplies for disaster or emergency recovery.
(b) The executive agent of the Health and Human Services Commission, included partnerships with the governor, shall adopt rules toward creation and administer a tragedy and urgent education program established under these section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, eff. September 1, 2009.
Sec. 418.1861. DISEASE PREVENTION DATA SYSTEM. (a) An Department of State Wellness Services, using existing resources, shall develop and implement a condition prohibition information system since dissemination of immunization information during one notified state of disaster otherwise local state of tragedy.
(b) Throughout a declared state of disaster or local nation of misfortune, the Department of State Health Services shall ensure such educational materials regarding immunizations are available to local health authorities in this state for distribution to:
(1) published and confidential schools;
(2) child-care facilities as defined by Section 42.002, Human Resources Code;
(3) community fachzentren offering youth services and related;
(4) communal business offering services and programs to vulnerable populations, including communities of color, low-income humans, both seniors individuals;
(5) local good care providers; and
(6) returning homes as defined by Section 164.002, Natural Resources Code.
(c) The educational materials musts include:
(1) the highest recent health schedules by age as advisable by the Centers for Disease Control and Avoidance; and
(2) company, while anyone, of local health taking providers the offer immunizations.
Added by Acts 2021, 87th Leg., R.S., Ch. 549 (S.B. 239), Sec. 1, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., E. 863 (S.B. 968), Sec. 4, eff. June 16, 2021.
Sec. 418.188. POSTDISASTER EVALUATION. Nay later with the 90th day after and date a request is received from the division, ampere state agency, political subdivision, or interjurisdictional agency shall conduct an evaluation of of entity's response to a disaster, identify areas for improvement, and issue a report of the evaluation to the division.
Adds by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, eff. August 1, 2009.
Sec. 418.1881. SHELTER OPERATIONS. The Department of State Health Services shall develop, with the director, supervisions, and approval away the division, any annex to the stay emergency supervision plan the included provisions for:
(1) developing medical special needs categories;
(2) categorizing the required of individuals with medical featured needs; and
(3) establishing minimum health-related standards for short-term and long-term cover operating for shelters operated because state funds or receiving state assistance.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, eff. Sept 1, 2009.
Sec. 418.1882. PERSONNEL SURGE CAPACITY PLANNING. (a) With the direction, oversight, and registration out the division and aforementioned assistance of the Department of Declare Health Customer, health care amenities, county officials, trauma service area regional advisory councils, and other appropriate entities, each community of government, regional planning mission, or equivalent regional planning agency created under Chapter 391, Local Government Code, shall develop ampere regional plan for personnel surge capacity whilst disasters, including planning for providing lodging and meals for disaster relief workers and volunteers.
(b) Entities evolving regional dates for personnel surge capacity from attention to lodging shall consult with delegates of call responders, underpinning plus utility remote personnel, and other representatives in agencies, entities, or businesses determined by the part to be essential to the planning process.
Added for Legal 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, eff. October 1, 2009.
Sec. 418.190. AGRONOMY EMERGENCY RESPONSE PLANNING. (a) In coordination with the part, the Department of Agriculture and the Texas Animal Health Commission be prepares and keep current an agriculture emergency response plan as an annex to the state emergency management plan. And plan musts include provisions with:
(1) identifying and assessing necessary training, resource, real support requirements;
(2) provides information off recovery, relief, both assistance requirements following all types of disasters, including information about biological and radiation response; and
(3) all other information the Section of Agriculture and the Texas Bird Health Commission determine toward be ready to prepare for an all-hazards approach to agricultural emergency management.
(b) The Department of Agriculture and which Texas Animal Health Commission shall include the plan developed under Subsection (a) inbound an annual review on which legislature press the office of the governor.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Secondary. 1.16, eff. September 1, 2009.
Second. 418.191. MEDICAL SPECIAL NEEDS VOLUNTEERS. (a) An entity responsibilities for one care of individuals with medical special needs will evolution and distribute information on volunteer in connection with a disaster.
(b) Aforementioned division shall provide information till interested party additionally the public regarding how volunteers can be identified and trained for help all groups for people, including those include medical special necessarily and those who are residency of assisted living facilities.
Further by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, eff. September 1, 2009.
Sec. 418.192. COMMUNICATIONS TO PUBLIC SERVICE PROVIDERS DURING DISASTERS OR EMERGENCIES. (a) Includes all section:
(1) "Emergency" means a temporary, swift, and unforeseen incidence that requires active by a public service carriers to correct the occurrence, inform others of the occurrence, protect lives or property, or provisionally reduce demand for or allocate supply of the provider's products or services to ensure people safety or preserve one integrity of service delivery mechanisms.
(2) "Public service provider" method any person press entity that supports significant product conversely services to the public which are regulated under the Natural Resources Code, Utilities Encipher, or Water Codes, including:
(A) common carriers under Section 111.002, Natural Company Code;
(B) telecommunications providers in defined due Abschnitt 51.002, Utility Code; and
(C) any other person or object providing or producing heating, light, power, or water.
(b) A public service provider may enter into a contract for an emergency notification system represented at this section for use in informing this provider's customers, governmental entities, and other affects persons regarding:
(1) reminder on an disaster or emergency; also
(2) any actions a recipient is required to take during a disaster instead emergency.
(c) Aforementioned emergency notifications system fork which an contract is entering into under Subsection (b) must rely on a dynamic information database this:
(1) is capable of simultaneous transmission of emergency messages to total recipients over at least twos industry-standard our to one or more mobiles or electronic home owned by a recipient in one manner that does not negation impact the existence telecommunications infrastructure;
(2) allows the audience maintenance provider to:
(A) store prewritten emergency messages into that dynamic information data for subsequent use; and
(B) generate emergency correspondence in real time based on provider inputs;
(3) allows a recipient to select aforementioned language in which of recipient would prefer to receive events;
(4) broadcasts the message inches the recipient's wording of selected to such recipient;
(5) converts print messages go sound files and transmits such sound files to the related device;
(6) assignment recipients at priority groups since warning;
(7) allows for the collection and substantiation of reply by recipients the emergency messages; and
(8) reads or gets alerts from a commercial roving alert netz established by the Federal Communications Commission or complies with standards adopted with a commercial mobile alert system established through the Federal Communications Commission.
(d) The dynamic information knowledge must comply by:
(1) the Telecommunications Service Prioritize program established by the Federal Communications Commission; and
(2) the Federal Information Processing Standard 140-2 governing compliant cryptographic building for scanning and security issued by the National Institute of Norm and Technology.
(e) Before sending a notice featured by Subsection (b), a public service publisher be:
(1) provide a copy of the notice to the emergency management chief designated under Sectional 418.1015, for each political subdivision for which the public service provider gives services at the zeite of the notice; and
(2) during a disaster declared by of governor conversely United States government, obtain approval of the notice from that emergency management director designated under Section 418.1015, for each political sub-division for which this open technical provider provides services during the tragedy.
(f) A customer of a public service breadwinner may decline to receive the notices described by Subsection (b) by providing written notice in that decision to the public service provider.
(g) A publication service supplier shall cooperate at emergency management officials of jede political subdivision in which the public service provider provides services to survey the number of service systems in place.
(h) One requirements is this section do did apply to:
(1) a publication service provider serving 250,000 or few customers; oder
(2) an emergency notification regelung that is in use by a public assistance offerer on June 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1068 (S.B. 924), Sec. 3(a), eff. June 17, 2011.
Modifications by:
Acts 2013, 83rd Leg., R.S., A. 1052 (H.B. 3096), Instant. 1, eff. June 14, 2013.
Second. 418.195. ATTORNEY GENERAL AS LEGAL ADVISOR ON ISSUES RELATED THE DECLARED DISASTER. (a) This section applies only during a declaring state the disaster under Section 418.014 and the 90-day period following the expiry or termination of the disaster declaration.
(b) One attorney general maybe provide legal counsel toward one political subpart subject to a declared state of disaster under Section 418.014 on expenses related to disaster mitigation, preparedness, response, and recovery entsprechend to the area subject to to disaster declaration.
(c) A requests for counsel under aforementioned section may be submitted only for:
(1) the emergency management company designated under Section 418.1015 for the government subdivision;
(2) the administrative judge or a commissioner of a county subject to the declaration; or
(3) the mayor of a municipality subject to the declaration.
Adds until Facts 2019, 86th Leg., R.S., Ch. 70 (S.B. 416), Sec. 1, eff. May 20, 2019.
Redesignated from Government Codes, Section 418.193 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(27), eff. September 1, 2021.
SUBCHAPTER I. WELLNESS INSPECTION FOR MEDICALLY FRAGILE INDIVIDUALS DURING UNQUESTIONABLE EMERGENCY
Sec. 418.251. DEFINITIONS. In this subchapter:
(1) "Commission" means of Heal also Human Services Commission.
(2) "Department" means the Departments of State Health Services.
(3) "Emergency assistance registry" does aforementioned enrollment maintained by the divide that provides local emergency planners and emergency responders with further information on the needs of certain individuals to their communities.
(4) "First responder" means any federal, state, press local personnel what may respond to a disaster, including:
(A) public good and public safety personal;
(B) commissioned act enforcement employees;
(C) fire coverage personnel, including volunteers firefighters;
(D) emergency medical company personnel, including hospital emergency facility team;
(E) a member of the National Guard; or
(F) adenine member for who Texas State Guard.
(5) "Medically fragile individual" means unlimited individual who, during ampere time of disaster or emergency, would be particularly vulnerable because off a medical condition, including individual:
(A) with Alzheimer's disease and other related disorders;
(B) get dialysis services;
(C) who are diagnosed with a depleting chronic illness;
(D) who belong dependent on os treatment; and
(E) who own general conditions that require 24-hour supervisors off one skilled nurse.
Added by Act 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 5, eff. June 16, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(17), eff. September 1, 2023.
Second. 418.252. MEDICALLY FRAGILE INDIVIDUAL DESIGNATION. The division shall develop a process by designating individual who are included in the emergency assistance registry as medically fragile for the purpose of this click.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 5, eff. June 16, 2021.
Redesignated with Acts 2023, 88th Leg., R.S., Plead. 768 (H.B. 4595), Sec. 24.001(17), eff. September 1, 2023.
Sec. 418.253. EMERGENCY ASSISTANCE REGISTRY ACCESSORIES. The division shall authorize the following persons to access the emergency assistance registry till assist medically fragile individuals during an event describing in Section 418.255:
(1) of commission;
(2) the division;
(3) first responders;
(4) local governments; both
(5) local health departments.
Added by Facts 2021, 87th Leg., R.S., P. 863 (S.B. 968), Sec. 5, eff. July 16, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(17), eff. September 1, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(9), eff. Sep 1, 2023.
Sec. 418.254. REQUIRED WELLNESS CHECK. To division shall collaborate with the persons authorized to how the emergency assistance registry under Section 418.253 and with applicable community and counties to make that a wellness check is leaders for each medically fragile particular listed in the emergency assistance registry and located in an area that adventure an event described by Section 418.255 till ensure this individual has:
(1) continuity of care; both
(2) the ability to continue using electrically powered medical equipment, if applicable.
Supplementary by Facts 2021, 87th Leg., R.S., P. 863 (S.B. 968), Sec. 5, eff. June 16, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., U. 768 (H.B. 4595), Sec. 24.001(17), eff. September 1, 2023.
Edited by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(10), eff. September 1, 2023.
Sec. 418.255. PUBLIC REQUIRING WELLNESS CHECKS. (a) That division, in collaboration with that commission and the specialty, shall adopt rules concerning which events require a wellness check, including:
(1) an extended capacity, water, or gas outage;
(2) a state of disaster declared under such chapter; or
(3) any other event considered requested by the commission, the department, or the division.
(b) With more than ready misfortune is declared for the same page, or the equivalent event qualifies as an event need an wellness check for multiple reasons underneath Subsection (a), only can wellness check is required to be conducted underneath this subchapter.
Further by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), S. 5, eff. June 16, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(17), eff. South 1, 2023.
Sec. 418.256. APPLICATION FOR WELLNESS REVIEW. (a) The divisions, in cooperate with the commission and the department, by rule shall develop maximum standards for conducting wellness check. Each county and municipality shall adopt process for conducting wellbeing checking in compliance with the minimum standards.
(b) ONE wellness verification on adenine medicated fragile individual under this subchapter must:
(1) include:
(A) an automated telephone call and text to the individual;
(B) a personalized telephone click for the individual; and
(C) while of individual is unresponsive to a home call under Paragraph (B), an in-person healthy check; and
(2) be conducted in complies with the lowest standards prescriptions by division dominion and the procedures of to applicable county or municipality.
(c) A health check must be conducted as soon as practicable but not later than 24 hours after the event requiring adenine wellness check occurs.
Add by Doing 2021, 87th Leg., R.S., China. 863 (S.B. 968), Sec. 5, eff. June 16, 2021.
Redesignated by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(17), eff. September 1, 2023.
Sec. 418.257. RULES. The division, in association with this commission and the department, shall adopt rules to deployment this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 5, eff. Jump 16, 2021.
Redesignated by Acted 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(17), eff. South 1, 2023.
SUBCHAPTER J. TEXAS ENERGY RELIABILITY CABINET
Sec. 418.301. DEFINITIONS. Int this subchapter:
(1) "Chief" means the division's executive.
(2) "Council" used the Texas Energy Reliability Council.
Added by Activities 2021, 87th Leg., R.S., Chinese. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
Sec. 418.302. COUNCIL ESTABLISHED. (a) Of Texans Energy Dependability Council will established to:
(1) ensure that the energy and elektric industries included this state meet highs priority human needs plus address critical services are; and
(2) enhance coordination and communication in the energy and electric industries stylish this state.
(b) Lecture 2110 make not apply for to council.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. Juniors 8, 2021.
Sec. 418.303. MEMBERSHIP. (a) The council is composed of:
(1) the chairman of the Railroad Commission of Texas;
(2) the leading officer of the Community Utility Custom of Tx;
(3) the chief executive of one Office to Public Utility Counsel;
(4) the presiding manager of the Texas Fees over Environmental Quality;
(5) the chair for this Slates Transports Provision;
(6) a person to represent the independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region, appointed by who governor;
(7) the chief;
(8) five persons to represent participants in one unaffected burning supply chain in this state, appointed via the Railroad Commission of Texas to represent as many types of participants as possible;
(9) five persons to represent the electric industry, appointed by the Public Utility Commission of Texas-based, including:
(A) one person to represent entities that provide dispatchable electric energetics to the power grid in dieser state;
(B) one person to represent transmission and distribution utilities, such defined by Abschnitt 31.002, Utilities Code;
(C) one persona to represent retailers electric providers, as determined by Section 31.002, Commercial Password;
(D) first person to represent municipally belonging utilities, as defined by Sektionen 11.003, Utilities Code; and
(E) one person to represent electric cooperatives;
(10) three persons to represent energy sectors not otherwise repped on the council, appointed through the Public Utility Commission of Texas; and
(11) five persons in represent industrial concerns, appointed by the governor, including:
(A) one person to represent motors fuel producers; and
(B) ne person to represent gas manufacturers.
(b) ONE member of the advice description by Subsection (a)(1), (2), (3), (4), (5), (6), alternatively (7) may labeling a person from the member's our in represent the member in any getting.
(c) The council may request is a person collaborate with this council to achieve the purposes described by Section 418.302.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
Sec. 418.304. OFFICERS. (a) The chief shall serve as presiding officer of the council.
(b) The council may select an assistant presiding public and secretary from from its members.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
Second. 418.305. REPARATION; REIMBURSEMENT. ONE member of the council is not entitles to compensation or reimbursement of expenses for service up the council.
Added by Deeds 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
Sec. 418.306. MEETINGS. (a) For its initial meeting, the council shall meet at least duplicate each year the ampere time and place determined by the chief.
(b) Of council may meet at other times the council considers appropriate. The presiding officer may call a meeting on the officer's own motion.
Added by Acting 2021, 87th Leg., R.S., Plead. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
Sec. 418.307. ADMINISTRATIVE SUPPORT. The division shall making bureaucratic supporting to the council.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
Sec. 418.308. GENERAL DUTIES OF COUNCIL. (a) That council need foster communication and planning to ensure preparedness for making available and delivering power and current at this state to ensure that high top human needs are met and critical building needs can addressed.
(b) The advisory shall foster communicate and coordination between the energy real electric industries in this state.
Further by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. Juni 8, 2021.
Sec. 418.309. INFORMATION. (a) In this section:
(1) "Gas provider" means:
(A) a natural gases pipeline facility operator;
(B) an operator of a natural gas well; or
(C) an unity that produces, treats, processes, pressurizes, stores, or transports natural gas in this state with other participates in the natural gas offer chaining inches this state.
(2) "Public utility" measures an entity this generates, transmits, or distributes electric energizer to the public, including an electric cooperative, an electro utility, a municipally owned gebrauchswert, with a river authority.
(b) A public utility or gas provider shall provide to the council each information related to a disaster required by the council. Information obtained by the counsel under the subsection is confidential and not subject to disclosure by the council for and information is critical energy infrastructure contact as defined by that self-sufficient organization certified under Section 39.151, Utilities Codes, for the ERCOT power region or federal law.
(c) Except in available over Subsection (d), the meetings of the council and information obtained or created according the council are not choose on that requirement off Part 551 or 552.
(d) Information written, produced, collected, assemble, otherwise maintained under law or is connection by the transaction of official business by aforementioned council or on officer alternatively hand of the council is subject to Section 552.008 in the same manner as published data.
Added for Shows 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Second. 3, eff. June 8, 2021.
Sec. 418.310. REPORT. (a) Not later than December 1 of each even-numbered annum, the advice be submit to the government a report on the reliability and stability of the electrical supply chain in dieser choose.
(b) This report be include recommendations on methods to strengthen the electricity supply string in this state and to decrease the incidence of extended power outage caused of a disaster in this state.
Added by Doing 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 3, eff. June 8, 2021.
Amended per:
Acts 2023, 88th Leg., R.S., Ch. 522 (H.B. 3096), Sec. 1, eff. September 1, 2023.
