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AN ACT
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relating to resource sharing among certain political subdivisions, |
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including regional planning commissions, during a disaster. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CERTAIN DISASTER RESPONSE PROCEDURES FOR POLITICAL |
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SUBDIVISIONS |
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�������SECTION�1.01.��Section 418.004, Government Code, is amended |
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by adding Subdivisions (10) through (14) to read as follows: |
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�������������(10)��"Local government entity" means a county, |
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incorporated city, independent school district, emergency services |
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district, other special district, joint board, or other entity |
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defined as a political subdivision under the laws of this state that |
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maintains the capability to provide mutual aid. |
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�������������(11)��"Mutual aid" means a homeland security activity, |
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as defined by Section 421.001, performed under the system or a |
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written mutual aid agreement. |
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�������������(12)��"Requesting local government entity" means a |
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local government entity requesting mutual aid assistance under the |
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system. |
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�������������(13)��"Responding local government entity" means a |
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local government entity providing mutual aid assistance in response |
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to a request under the system. |
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�������������(14)��"System" means the Texas Statewide Mutual Aid |
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System. |
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�������SECTION�1.02.��Subchapter E, Chapter 418, Government Code, |
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is amended by adding Section 418.1015 to read as follows: |
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�������Sec.�418.1015.��EMERGENCY MANAGEMENT DIRECTORS. (a)��The |
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presiding officer of the governing body of an incorporated city or a |
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county or the chief administrative officer of a joint board is |
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designated as the emergency management director for the officer's |
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political subdivision. |
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�������(b)��An emergency management director serves as the |
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governor's designated agent in the administration and supervision |
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of duties under this chapter. An emergency management director may |
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exercise the powers granted to the governor under this chapter on an |
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appropriate local scale. |
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�������(c)��An emergency management director may designate a person |
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to serve as emergency management coordinator. The emergency |
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management coordinator shall serve as an assistant to the emergency |
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management director for emergency management purposes. |
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�������SECTION�1.03.��Section 418.107(c), Government Code, is |
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amended to read as follows: |
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�������(c)��A local government entity [political subdivision or
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regional planning commission] may render mutual aid to other local |
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government entities [political subdivisions or regional planning
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commissions] under mutual aid agreements or the system. |
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�������SECTION�1.04.��The heading to Section 418.109, Government |
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Code, is amended to read as follows: |
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�������Sec.�418.109.��AUTHORITY TO RENDER MUTUAL AID ASSISTANCE. |
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�������SECTION�1.05.��Section 418.109(d), Government Code, is |
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amended to read as follows: |
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�������(d)��A local government entity or [municipality, county,
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emergency services district, fire protection agency, regional
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planning commission,] organized volunteer group[, or other
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emergency services entity] may provide mutual aid assistance on |
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request from another local government entity or [municipality,
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county, emergency services district, fire protection agency,
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regional planning commission,] organized volunteer group[, or
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other emergency services entity]. The chief or highest ranking |
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officer of the entity from which assistance is requested, with the |
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approval and consent of the presiding officer of the governing body |
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of that entity, may provide that assistance while acting in |
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accordance with the policies, ordinances, and procedures |
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established by the governing body of that entity [and consistent
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with any mutual aid plans developed by the emergency management
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council]. |
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�������SECTION�1.06.��Section 418.110, Government Code, is amended |
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to read as follows: |
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�������Sec.�418.110.��STATEWIDE MUTUAL AID PROGRAM FOR FIRE |
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EMERGENCIES. (a)��The division, in consultation with state fire |
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protection agencies and the Texas Commission on Fire Protection, |
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may [shall] develop a statewide mutual aid program for fire |
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emergencies. |
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�������(b)��A program developed under this section: |
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�������������(1)��does not alter the legal obligations of a |
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political subdivision participating in the system; and |
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�������������(2)��must be consistent with the state emergency |
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management plan. |
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�������SECTION�1.07.��Chapter 418, Government Code, is amended by |
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adding Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. TEXAS STATEWIDE MUTUAL AID SYSTEM |
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�������Sec.�418.111.��CREATION OF THE TEXAS STATEWIDE MUTUAL AID |
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SYSTEM. (a)��The Texas Statewide Mutual Aid System is established |
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to provide integrated statewide mutual aid response capability |
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between local government entities without a written mutual aid |
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agreement. |
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�������(b)��A request for mutual aid assistance between local |
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government entities is considered to be made under the system, |
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unless the requesting and responding entities are parties to a |
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written mutual aid agreement in effect when the request is made. |
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�������(c)��This subchapter does not affect a written mutual aid |
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agreement between local government entities in effect on or before |
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the effective date of this subchapter or restrict the ability of |
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local government entities to enter into a written mutual aid |
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agreement as otherwise authorized by statute after the effective |
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date of this subchapter. If a request is made between local |
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government entities that are parties to a written mutual aid |
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agreement, the terms of that agreement control the rights and |
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obligations of the parties. |
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�������Sec.�418.112.��ADMINISTRATION BY DIVISION. The division |
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shall administer the system. In administering the system, the |
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division shall encourage and assist political subdivisions in |
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planning and implementing comprehensive all-hazards emergency |
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management programs, including assisting political subdivisions to |
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ensure that the local emergency management plan of each subdivision |
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adequately provides for the rendering and receipt of mutual aid. |
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�������Sec.�418.113.��DISASTER DISTRICTS. (a)��This state is |
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divided into disaster districts to engage in homeland security |
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preparedness and response activities. The boundaries of the |
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disaster districts coincide with the geographic boundaries of the |
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state planning regions established by the governor under Chapter |
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391, Local Government Code. |
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�������(b)��A disaster district committee is established for each |
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disaster district. Each committee is composed of local |
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representatives of the state agencies, boards, and commissions and |
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organized volunteer groups with representation on the emergency |
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management council. |
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�������(c)��Each disaster district committee shall coordinate with |
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political subdivisions located in the disaster district to ensure |
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that state and federal emergency assets are made available as |
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needed to provide the most efficient and effective response |
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possible. |
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�������(d)��The public safety director of the Department of Public |
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Safety of the State of Texas shall appoint a commanding officer from |
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the Texas Highway Patrol to serve as chair of each disaster district |
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committee. The chair shall: |
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�������������(1)��inform the state Director of Homeland Security on |
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all matters relating to disasters and emergencies as requested by |
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the state Director of Homeland Security; and |
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�������������(2)��inform the public safety director of the |
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Department of Public Safety of the State of Texas on all matters as |
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requested by the public safety director. |
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�������(e)��Representatives of the emergency management council |
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assigned to each district shall assist the chair of their disaster |
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district committee and provide guidance, counsel, and |
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administrative support as required. |
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�������Sec.�418.114.��PROCEDURES FOR MUTUAL AID. (a)��The |
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political subdivisions in each state planning region established by |
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the governor under Chapter 391, Local Government Code, shall agree |
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on procedures that specify the manner in which mutual aid will be |
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provided in response to a request from: |
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�������������(1)��a political subdivision in the region; |
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�������������(2)��a political subdivision in another region; or |
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�������������(3)��this state. |
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�������(b)��A copy of the procedures must be provided to the |
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division and the disaster district committee chair. |
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�������Sec.�418.115.��REQUESTING AND PROVIDING MUTUAL AID |
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ASSISTANCE. (a)��A request for mutual aid assistance may be |
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submitted verbally or in writing. If a request is submitted |
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verbally, it must be confirmed in writing not later than the 30th |
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day after the date the request was made. |
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�������(b)��If a request for mutual aid assistance is made to a |
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department or agency of a political subdivision, the chief or |
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highest ranking officer of the department or agency, with the |
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approval and consent of the presiding officer of the governing body |
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of the political subdivision or that officer's designee, may |
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provide the requested assistance in accordance with the policies, |
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ordinances, and procedures established by the governing body of the |
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political subdivision. |
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�������Sec.�418.1151.��ASSESSMENT OF ABILITY TO RENDER ASSISTANCE. |
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(a)��When contacted with a request for mutual aid assistance, a |
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local government entity shall assess local resources to determine |
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availability of personnel, equipment, and other assistance to |
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respond to the request. |
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�������(b)��A responding local government entity may provide |
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assistance to the extent personnel, equipment, and resources are |
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determined to be available. A local government entity is not |
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required to provide mutual aid assistance unless the entity |
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determines that the entity has sufficient resources to provide |
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assistance, based on current or anticipated events in its |
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jurisdiction. |
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�������Sec.�418.1152.��SUPERVISION AND CONTROL. When providing |
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mutual aid assistance under the system: |
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�������������(1)��the response effort must be organized and function |
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in accordance with the National Incident Management System |
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guidelines; |
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�������������(2)��the personnel, equipment, and resources of a |
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responding local government entity being used in the response |
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effort are under the operational control of the requesting local |
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government entity unless otherwise agreed; |
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�������������(3)��direct supervision and control of personnel, |
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equipment, and resources and personnel accountability remain the |
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responsibility of the designated supervisory personnel of the |
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responding local government entity; |
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�������������(4)��unless otherwise agreed in advance, an emergency |
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medical service organization providing assistance under the system |
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shall use the medical protocols authorized by the organization's |
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medical director; |
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�������������(5)��the designated supervisory personnel of the |
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responding local government entity shall: |
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�������������������(A)��maintain daily personnel time records, |
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material records, and a log of equipment hours; |
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�������������������(B)��be responsible for the operation and |
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maintenance of the equipment and other resources furnished by the |
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responding local government entity; and |
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�������������������(C)��report work progress to the requesting local |
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government entity; and |
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�������������(6)��the responding local government entity's personnel |
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and other resources are subject to recall at any time, subject to |
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reasonable notice to the requesting local government entity. |
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�������Sec.�418.1153.��DURATION OF AID. The provision of mutual aid |
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assistance under the system may continue until: |
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�������������(1)��the services of the responding local government |
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entity are no longer required; or |
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�������������(2)��the responding local government entity determines |
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that further assistance should not be provided. |
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�������Sec.�418.116.��RIGHTS AND PRIVILEGES. (a)��A person |
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assigned, designated, or ordered to perform duties by the governing |
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body of the local government entity employing the person in |
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response to a request under the system is entitled to receive the |
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same wages, salary, pension, and other compensation and benefits, |
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including injury or death benefits, disability payments, and |
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workers' compensation benefits, for the performance of the duties |
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under the system as though the services were rendered for the entity |
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employing the person. |
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�������(b)��The local government entity employing the person is |
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responsible for the payment of wages, salary, pension, and other |
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compensation and benefits associated with the performance of duties |
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under the system. |
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�������Sec.�418.117.��LICENSE PORTABILITY. If the assistance of a |
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person who holds a license, certificate, permit, or other document |
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evidencing qualification in a professional, mechanical, or other |
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skill is requested by a local government entity under the system, |
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the person is considered licensed, certified, permitted, or |
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otherwise documented in the political subdivision in which the |
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service is provided as long as the service is required, subject to |
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any limitations imposed by the chief executive officer or the |
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governing body of the requesting local government entity. |
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�������Sec.�418.118.��REIMBURSEMENT OF COSTS: STATE REQUEST OR |
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FEDERAL DISASTER DECLARATION. (a)��The division shall administer |
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all requests for reimbursement for costs associated with providing |
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mutual aid assistance in response to a request made by the division |
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for an incident resulting in the issuance of a disaster declaration |
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by the president of the United States. A request for reimbursement |
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made to the division must be made in accordance with procedures |
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developed by the division. |
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�������(b)��The division may directly request the provision of |
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mutual aid assistance from any local government entity |
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participating in the system. If the division requests the |
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provision of assistance and the local government entity responds, |
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the state shall reimburse the actual costs of providing assistance, |
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including costs for personnel, operation and maintenance of |
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equipment, damaged equipment, food, lodging, and transportation, |
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incurred by the responding local government entity. The state |
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shall pay reimbursements from available state money. If funds are |
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made available from the disaster contingency fund, the division |
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shall make reimbursement from the disaster contingency fund for |
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eligible expenses to the extent that available state money is |
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inadequate. |
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�������(c)��If federal money is available to pay costs associated |
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with the provision of mutual aid assistance in response to a request |
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made by the division, the division shall make the claim for the |
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eligible costs of the responding local government entity on the |
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division's grant application and shall disburse the federal share |
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of the money to the responding local government entity, with |
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sufficient state funds to cover the actual costs incurred by the |
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responding local government entity in providing the assistance. |
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�������Sec.�418.1181.��REIMBURSEMENT OF COSTS: REQUEST BY LOCAL |
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GOVERNMENT ENTITY. (a)��If a local government entity requests |
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mutual aid assistance from another local government entity under |
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the system, the requesting local government entity shall reimburse |
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the actual costs of providing mutual aid assistance to the |
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responding local government entity, including costs for personnel, |
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operation and maintenance of equipment, damaged equipment, food, |
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lodging, and transportation, incurred by the responding local |
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government entity in response to a request for reimbursement. |
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Local government entities with a mutual aid agreement when the |
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request for mutual aid assistance is made are subject to the |
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agreement's terms of reimbursement, as provided by Section 418.111. |
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�������(b)��The requesting local government entity shall pay the |
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reimbursement from available funds. If federal money is available |
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to pay costs associated with the provision of mutual aid |
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assistance, the requesting local government entity shall make the |
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claim for the eligible costs of the responding local government |
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entity on the requesting entity's subgrant application and shall |
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disburse the federal share of the money to the responding local |
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government entity, with sufficient local funds to cover the actual |
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costs of the responding local government entity in providing |
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assistance. |
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�������SECTION�1.08.��Section 418.004(9) and Sections 418.109(a), |
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(b), and (c), Government Code, are repealed. |
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�������SECTION�1.09.��This Act takes effect immediately if this Act |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 1471 was passed by the House on April |
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19, 2007, by the following vote:��Yeas 142, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1471 on May 22, 2007, by the following vote:��Yeas 136, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 1471 was passed by the Senate, with |
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amendments, on May 17, 2007, by the following vote:��Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate��� |
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APPROVED: __________________ |
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����������������Date������� |
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�������� __________________ |
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��������������Governor������� |