81(R) HB 1831 - Enrolled version

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�	H.B.�No.�1831

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�	AN ACT
�	relating to disaster preparedness and emergency management and to
�	certain vehicles used in emergencies; providing a penalty.
�	��BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	ARTICLE�1.��GENERAL PROVISIONS
�	��SECTION�1.01.��Section 418.004(1), Government Code, is
�	amended to read as follows:
�	��(1)��"Disaster" means the occurrence or imminent threat
�	of widespread or severe damage, injury, or loss of life or property
�	resulting from any natural or man-made cause, including fire,
�	flood, earthquake, wind, storm, wave action, oil spill or other
�	water contamination, volcanic activity, epidemic, air
�	contamination, blight, drought, infestation, explosion, riot,
�	hostile military or paramilitary action, extreme heat, other public
�	calamity requiring emergency action, or energy emergency.
�	��SECTION�1.02.��Sections 418.005(a) and (b), Government Code,
�	are amended to read as follows:
�	��(a)��This section applies only to an elected law enforcement
�	officer or county judge, or an appointed public officer of the state
�	or of a political subdivision, who has management or supervisory
�	responsibilities and:
�	��(1)��whose position description, job duties, or
�	assignment includes emergency management responsibilities; or
�	��(2)��who plays a role in emergency preparedness,
�	response, or recovery.
�	��(b)��Each person described by Subsection (a) shall complete a
�	course of training provided or approved by the division of not less
�	than three hours regarding the responsibilities of state and local
�	governments under this chapter not later than the 180th day after
�	the date the person:
�	��(1)��takes the oath of office, if the person is required
�	to take an oath of office to assume the person's duties as a [an
�	~~appointed~~] public officer; or
�	��(2)��otherwise assumes responsibilities as a [an
�	~~appointed~~] public officer, if the person is not required to take an
�	oath of office to assume the person's duties.
�	��SECTION�1.03.��Section 418.013, Government Code, is amended
�	by amending Subsection (b) and adding Subsection (d) to read as
�	follows:
�	��(b)��The emergency management council is composed of
�	representatives [~~the heads~~] of state agencies, boards, [~~and~~]
�	commissions, and [~~representatives of~~] organized volunteer groups
�	designated by the head of each entity.
�	��(d)��The emergency management council shall assist the
�	division in identifying, mobilizing, and deploying state resources
�	to respond to major emergencies and disasters throughout the state.
�	��SECTION�1.03a.��Section 418.016, Government Code, is amended
�	to read as follows:
�	��Sec.�418.016.��SUSPENSION OF PROCEDURAL LAWS AND RULES. (a)��
�	The governor may suspend the provisions of any regulatory statute
�	prescribing the procedures for conduct of state business or the
�	orders or rules of a state agency if strict compliance with the
�	provisions, orders, or rules would in any way prevent, hinder, or
�	delay necessary action in coping with a disaster.
�	��(b)��Upon declaration of a state of disaster, enforcement of
�	the regulation of on-premise outdoor signs under Subchapter A,
�	Chapter 216, Local Government Code, by a municipality that is
�	located in a county within, or that is located in a county adjacent
�	to a county within, the disaster area specified by the declaration
�	is suspended to allow licensed or admitted insurance carriers or
�	licensed agents acting on behalf of insurance carriers to erect
�	temporary claims service signage for not more than 30 days or until
�	the end of the declaration of disaster, whichever is earlier.
�	��(c)��A temporary claims service sign shall not:
�	��(1)��be larger than forty square feet in size; and
�	��(2)��be more than five feet in height; and
�	��(3)��be placed in the right of way.
�	��(4)��At the end of the 30 days or the end of the
�	declaration of disaster, whichever is earlier, the insurance
�	carrier or its licensed agents must remove the temporary claims
�	service signage that was erected.
�	��SECTION�1.04.��Section 418.042(a), Government Code, is
�	amended to read as follows:
�	��(a)��The division shall prepare and keep current a
�	comprehensive state emergency management plan. �The plan may
�	include:
�	��(1)��provisions for prevention and minimization of
�	injury and damage caused by disaster;
�	��(2)��provisions for prompt and effective response to
�	disaster;
�	��(3)��provisions for emergency relief;
�	��(4)��provisions for energy emergencies;
�	��(5)��identification of areas particularly vulnerable
�	to disasters;
�	��(6)��recommendations for zoning, building
�	restrictions, and other land-use controls, safety measures for
�	securing mobile homes or other nonpermanent or semipermanent
�	structures, and other preventive and preparedness measures
�	designed to eliminate or reduce disasters or their impact;
�	��(7)��provisions for assistance to local officials in
�	designing local emergency management plans;
�	��(8)��authorization and procedures for the erection or
�	other construction of temporary works designed to protect against
�	or mitigate danger, damage, or loss from flood, fire, or other
�	disaster;
�	��(9)��preparation and distribution to the appropriate
�	state and local officials of state catalogs of federal, state, and
�	private assistance programs;
�	��(10)��organization of manpower and channels of
�	assistance;
�	��(11)��coordination of federal, state, and local
�	emergency management activities;
�	��(12)��coordination of the state emergency management
�	plan with the emergency management plans of the federal government;
�	��(13)��coordination of federal and state energy
�	emergency plans;
�	��(14)��provisions for providing information to�
�	[~~education and training of~~] local officials on activation of the
�	Emergency Alert System established under 47 C.F.R. Part 11; [~~and~~]
�	��(15)��a database of public facilities that may be used
�	under Section 418.017 to shelter individuals during a disaster,
�	including air-conditioned facilities for shelter during an extreme
�	heat disaster and fortified structures for shelter during a wind
�	disaster; and
�	��(16)��other necessary matters relating to disasters.
�	��SECTION�1.05.��Subchapter C, Chapter 418, Government Code,
�	is amended by adding Section 418.0425 to read as follows:
�	��Sec.�418.0425.��STATE EMERGENCY MANAGEMENT PLAN ANNEX. �(a) �
�	In this section, "critical water or wastewater facility" means a
�	facility with:
�	��(1)��water supply, treatment, or distribution
�	equipment that is essential to maintain the minimum water pressure
�	requirements established by the governing body of a municipality or
�	the Texas Commission on Environmental Quality; or
�	��(2)��wastewater collection or treatment equipment that
�	is essential to prevent the discharge of untreated wastewater to
�	water in the state.
�	��(b)��The division, in cooperation with the emergency
�	management council, local governments, regional entities, health
�	and medical facilities, volunteer groups, private sector partners,
�	the Federal Emergency Management Agency, and other federal
�	agencies, shall develop an annex to the state emergency management
�	plan that addresses initial response planning for providing
�	essential population support supplies, equipment, and services
�	during the first five days immediately following a disaster. The
�	annex must include:
�	��(1)��plans to make fuel available to, maintain
�	continuing operations of, and assess the backup power available
�	for, all:
�	��(A)��hospitals;
�	��(B)��prisons;
�	��(C)��assisted living facilities licensed under
�	Chapter 247, Health and Safety Code;
�	��(D)��institutions licensed under Chapter 242,
�	Health and Safety Code; and
�	��(E)��other critical facilities determined by the
�	division;
�	��(2)��provisions for interagency coordination of
�	disaster response efforts;
�	��(3)��provisions for the rapid gross assessment of
�	population support needs;
�	��(4)��plans for the clearance of debris from major
�	roadways to facilitate emergency response operations and delivery
�	of essential population support supplies and equipment;
�	��(5)��methods to obtain food, water, and ice for
�	disaster victims through prearranged contracts or suppliers,
�	stockpiled supplies, or plans to request assistance from federal
�	agencies, as appropriate;
�	��(6)��guidelines for arranging temporary points of
�	distribution for disaster relief supplies and standardized
�	procedures for operating those distribution points;
�	��(7)��methods for providing basic medical support for
�	disaster victims, including medical supplies and pharmaceuticals;
�	��(8)��provisions, developed in coordination with fuel
�	suppliers and retailers, for the continued operation of service
�	stations to provide fuel to disaster victims and emergency
�	responders; and
�	��(9)��provisions for the dissemination of emergency
�	information through the media to aid disaster victims.
�	��(c)��The division, in coordination with the Texas Commission
�	on Environmental Quality and electric, gas, water, and wastewater
�	utility providers, shall develop for inclusion in the annex to the
�	state emergency management plan provisions to provide emergency or
�	backup power to restore or continue the operation of critical water
�	or wastewater facilities following a disaster. The provisions must:
�	��(1)��establish an online resource database of available
�	emergency generators configured for transport that are capable of
�	providing backup power for critical water or wastewater facilities
�	following a disaster;
�	��(2)��include procedures for the maintenance,
�	activation, transportation, and redeployment of available
�	emergency generators;
�	��(3)��develop a standardized form for use by a water or
�	wastewater utility provider in developing and maintaining data on
�	the number and type of emergency generators required for the
�	operation of the provider's critical water or wastewater facilities
�	following a disaster; and
�	��(4)��include procedures for water or wastewater utility
�	providers to maintain a current list of generators available in
�	surrounding areas through mutual aid agreements, recognized and
�	coordinated statewide mutual aid programs, and through commercial
�	firms offering generators for rent or lease.
�	��SECTION�1.06.��Section 418.043, Government Code, is amended
�	to read as follows:
�	��Sec.�418.043.��OTHER POWERS AND DUTIES. �The division shall:
�	��(1)��determine requirements of the state and its
�	political subdivisions for food, clothing, and other necessities in
�	event of a disaster;
�	��(2)��procure and position supplies, medicines,
�	materials, and equipment;
�	��(3)��adopt standards and requirements for local and
�	interjurisdictional emergency management plans;
�	��(4)��periodically review local and interjurisdictional
�	emergency management plans;
�	��(5)��coordinate deployment of mobile support units;
�	��(6)��establish and operate training programs and
�	programs of public information or assist political subdivisions and
�	emergency management agencies to establish and operate the
�	programs;
�	��(7)��make surveys of public and private industries,
�	resources, and facilities in the state that are necessary to carry
�	out the purposes of this chapter;
�	��(8)��plan and make arrangements for the availability
�	and use of any private facilities, services, and property and
�	provide for payment for use under terms and conditions agreed on if
�	the facilities are used and payment is necessary;
�	��(9)��establish a register of persons with types of
�	training and skills important in disaster mitigation,
�	preparedness, response, and recovery;
�	��(10)��establish a register of mobile and construction
�	equipment and temporary housing available for use in a disaster;
�	��(11)��assist political subdivisions in developing
�	plans for the humane evacuation, transport, and temporary
�	sheltering of service animals and household pets in a disaster;
�	��(12)��prepare, for issuance by the governor, executive
�	orders and regulations necessary or appropriate in coping with
�	disasters;
�	��(13)��cooperate with the federal government and any
�	public or private agency or entity in achieving any purpose of this
�	chapter and in implementing programs for disaster mitigation,
�	preparation, response, and recovery; [~~and~~]
�	��(14)��develop a plan to raise public awareness and
�	expand the capability of the information and referral network under
�	Section 531.0312;
�	��(15)��improve the integration of volunteer groups,
�	including faith-based organizations, into emergency management
�	plans;
�	��(16)��cooperate with the Federal Emergency Management
�	Agency to create uniform guidelines for acceptable home repairs
�	following disasters and promote public awareness of the guidelines;
�	��(17)��cooperate with state agencies to:
�	��(A)��encourage the public to participate in
�	volunteer emergency response teams and organizations that respond
�	to disasters; and
�	��(B)��provide information on those programs in
�	state disaster preparedness and educational materials and on
�	Internet websites;
�	��(18)��establish a liability awareness program for
�	volunteers, including medical professionals; and
�	��(19)��do other things necessary, incidental, or
�	appropriate for the implementation of this chapter.
�	��SECTION�1.07.��Section 418.045, Government Code, is amended
�	to read as follows:
�	��Sec.�418.045.��TEMPORARY PERSONNEL. �(a)��The division may
�	employ or contract with temporary personnel from funds appropriated
�	to the division, from federal funds, or from the disaster
�	contingency fund. The merit system does not apply to the temporary
�	or contract positions.
�	��(b)��The division may enroll, organize, train, and equip a
�	cadre of disaster reservists with specialized skills in disaster
�	recovery, hazard mitigation, community outreach, and public
�	information to temporarily augment its permanent staff. �The
�	division may activate enrolled disaster reservists to support
�	recovery operations in the aftermath of a disaster or major
�	emergency and pay them at a daily rate commensurate with their
�	qualifications and experience. �Chapter 654, Chapter 2254, and
�	Subtitle D, Title 10, do not apply in relation to a disaster
�	reservist under this subsection.
�	��SECTION�1.08.��Section 418.048, Government Code, is amended
�	to read as follows:
�	��Sec.�418.048.��MONITORING WEATHER[~~; SUSPENSION OF WEATHER~~
�	~~MODIFICATION~~]. [~~(a)~~]��The division shall keep continuously
�	apprised of weather conditions that present danger of climatic
�	activity, such as precipitation, severe enough to constitute a
�	disaster.
�	��[~~(b)~~ � � ~~If the division determines that precipitation that may~~
�	~~result from weather modification operations, either by itself or in~~
�	~~conjunction with other precipitation or climatic conditions or~~
�	~~activity, would create or contribute to the severity of a disaster,~~
�	~~it shall request in the name of the governor that the officer or~~
�	~~agency empowered to issue permits for weather modification~~
�	~~operations suspend the issuance of permits. On the governor's~~
�	~~request, no permits may be issued until the division informs the~~
�	~~officer or agency that the danger has passed.~~]
�	��SECTION�1.09.��Subchapter C, Chapter 418, Government Code,
�	is amended by adding Section 418.050 to read as follows:
�	��Sec.�418.050.��PHASED REENTRY PLAN. �(a)��The division shall
�	develop a phased reentry plan to govern the order in which
�	particular groups of people are allowed to reenter areas previously
�	evacuated because of a disaster or threat of disaster. �The plan may
�	provide different reentry procedures for different types of
�	disasters.
�	��(b)��The phased reentry plan shall:
�	��(1)��recognize the role of local emergency management
�	directors in making decisions regarding the timing and
�	implementation of reentry plans for a disaster; and
�	��(2)��provide local emergency management directors with
�	sufficient flexibility to adjust the plan as necessary to
�	accommodate the circumstances of a particular emergency.
�	��(c)��The division, in consultation with representatives of
�	affected parties and local emergency management directors, shall
�	develop a reentry credentialing process. �The division shall
�	include the credentialing process in the phased reentry plan. �The
�	Department of Public Safety of the State of Texas shall provide
�	support for the credentialing process.
�	��SECTION�1.10.��Subchapter C, Chapter 418, Government Code,
�	is amended by adding Section 418.051 to read as follows:
�	��Sec.�418.051.��COMMUNICATIONS COORDINATION GROUP. �(a)��The
�	communications coordination group shall facilitate interagency
�	coordination and collaboration to provide efficient and effective
�	planning and execution of communications support to joint,
�	interagency, and intergovernmental task forces.
�	��(b)��At the direction of the division, the communications
�	coordination group shall assist with coordination and
�	collaboration during an emergency.
�	��(c)��The communications coordination group consists of
�	members selected by the division, including representatives of:
�	��(1)��the Texas military forces;
�	��(2)��the Department of Public Safety of the State of
�	Texas;
�	��(3)��the Federal Emergency Management Agency;
�	��(4)��federal agencies that comprise Emergency Support
�	Function No. 2;
�	��(5)��the telecommunications industry, including cable
�	service providers, as defined by Section 66.002, Utilities Code;
�	��(6)��electric utilities, as defined by Section 31.002,
�	Utilities Code;
�	��(7)��gas utilities, as defined by Sections 101.003 and
�	121.001, Utilities Code;
�	��(8)��the National Guard's Joint Continental United
�	States Communications Support Environment;
�	��(9)��the National Guard Bureau;
�	��(10)��amateur radio operator groups;
�	��(11)��the Texas Forest Service;
�	��(12)��the Texas Department of Transportation;
�	��(13)��the General Land Office;
�	��(14)��the Texas Engineering Extension Service of The
�	Texas A&M University System;
�	��(15)��the Public Utility Commission of Texas;
�	��(16)��the Railroad Commission of Texas;
�	��(17)��the Department of State Health Services;
�	��(18)��the judicial branch of state government;
�	��(19)��the Texas Association of Regional Councils;
�	��(20)��the United States Air Force Auxiliary Civil Air
�	Patrol, Texas Wing;
�	��(21)��each trauma service area regional advisory
�	council;
�	��(22)��state agencies, counties, and municipalities
�	affected by the emergency, including 9-1-1 agencies; and
�	��(23)��other agencies as determined by the division.
�	��SECTION�1.11.��Section 418.1015, Government Code, is amended
�	by adding Subsection (d) to read as follows:
�	��(d)��A person, other than an emergency management director
�	exercising under Subsection (b) a power granted to the governor,
�	may not seize state or federal resources without prior
�	authorization from the division or the state or federal agency
�	having responsibility for those resources.
�	��SECTION�1.12.��Section 418.107(b), Government Code, is
�	amended to read as follows:
�	��(b)��Political subdivisions may make agreements for the
�	purpose of organizing emergency management service divisions and
�	provide for a mutual method of financing the organization of units
�	on a basis satisfactory to the subdivisions. [~~The functioning of~~
�	~~the units shall be coordinated by the emergency management~~
�	~~council.~~]
�	��SECTION�1.13.��Section 418.108(d), Government Code, is
�	amended to read as follows:
�	��(d)��A declaration of local disaster activates the
�	appropriate recovery and rehabilitation aspects of all applicable
�	local or interjurisdictional emergency management plans and
�	authorizes the furnishing of aid and assistance under the
�	declaration.��The appropriate preparedness and response aspects of
�	the plans are activated as provided in the plans and take effect
�	immediately after the local state of disaster is declared.
�	��SECTION�1.14.��Section 418.117, Government Code, is amended
�	to read as follows:
�	��Sec.�418.117.��LICENSE PORTABILITY. �If the assistance of a
�	person who holds a license, certificate, permit, or other document
�	evidencing qualification in a professional, mechanical, or other
�	skill is requested by a state agency or�local government entity
�	under the system, the person is considered licensed, certified,
�	permitted, or otherwise documented in the political subdivision in
�	which the service is provided as long as the service is required,
�	subject to any limitations imposed by the chief executive officer
�	or the governing body of the requesting state agency or�local
�	government entity.
�	��SECTION�1.15.��Section 418.172(b), Government Code, is
�	amended to read as follows:
�	��(b)��If sufficient funds are not available for the required
�	insurance, an agency may request funding from [~~petition~~] the
�	disaster contingency fund [~~emergency funding board~~] to purchase the
�	insurance [~~on the agency's behalf. The board may spend money from~~
�	~~that fund for that purpose~~].
�	��SECTION�1.16.��Subchapter H, Chapter 418, Government Code,
�	is amended by adding Sections 418.185, 418.186, 418.188, 418.1881,
�	418.1882, 418.190, and 418.191 to read as follows:
�	��Sec.�418.185.��MANDATORY EVACUATION. �(a)��This section does
�	not apply to a person who is authorized to be in an evacuated area,
�	including a person who returns to the area under a phased reentry
�	plan or credentialing process under Section 418.050.
�	��(b)��A county judge or mayor of a municipality who orders the
�	evacuation of an area stricken or threatened by a disaster by order
�	may compel persons who remain in the evacuated area to leave and
�	authorize the use of reasonable force to remove persons from the
�	area.
�	��(c)��The governor and a county judge or mayor of a
�	municipality who orders the evacuation of an area stricken or
�	threatened by a disaster by a concurrent order may compel persons
�	who remain in the evacuated area to leave.
�	��(d)��A person is civilly liable to a governmental entity, or
�	a nonprofit agency cooperating with a governmental entity, that
�	conducts a rescue on the person's behalf for the cost of the rescue
�	effort if:
�	��(1)��the person knowingly ignored a mandatory
�	evacuation order under this section and:
�	��(A)��engaged in an activity or course of action
�	that a reasonable person would not have engaged in; or
�	��(B)��failed to take a course of action a
�	reasonable person would have taken;
�	��(2)��the person's actions under Subdivision (1) placed
�	the person or another person in danger; and
�	��(3)��a governmental rescue effort was undertaken on the
�	person's behalf.
�	��(e)��An officer or employee of the state or a political
�	subdivision who issues or is working to carry out a mandatory
�	evacuation order under this section is immune from civil liability
�	for any act or omission within the course and scope of the person's
�	authority under the order.
�	��Sec.�418.186.��DISASTER AND EMERGENCY EDUCATION. �(a) �The
�	Department of State Health Services shall establish a program
�	designed to educate the citizens of this state on disaster and
�	emergency preparedness, response, and recovery. Before
�	establishing the program, the department must collaborate with
�	local authorities to prevent state efforts that are duplicative of
�	local efforts. The program must address:
�	��(1)��types of disasters or other emergencies;
�	��(2)��the appropriate response to each type of disaster
�	or emergency, including options for evacuation and shelter;
�	��(3)��how to prepare for each type of disaster or
�	emergency;
�	��(4)��the impact of each type of disaster or emergency on
�	citizens requiring medical assistance or other care;
�	��(5)��ways to respond in a disaster or emergency or to
�	assist the victims of a disaster or emergency; and
�	��(6)��resources and supplies for disaster or emergency
�	recovery.
�	��(b)��The executive commissioner of the Health and Human
�	Services Commission, in cooperation with the governor, shall adopt
�	rules to create and administer a disaster and emergency education
�	program established under this section.
�	��Sec.�418.188.��POSTDISASTER EVALUATION. �Not later than the
�	90th day after the date a request is received from the division, a
�	state agency, political subdivision, or interjurisdictional agency
�	shall conduct an evaluation of the entity's response to a disaster,
�	identify areas for improvement, and issue a report of the
�	evaluation to the division.
�	��Sec.�418.1881.��SHELTER OPERATIONS. �The Department of State
�	Health Services shall develop, with the direction, oversight, and
�	approval of the division, an annex to the state emergency
�	management plan that includes provisions for:
�	��(1)��developing medical special needs categories;
�	��(2)��categorizing the requirements of individuals with
�	medical special needs; and
�	��(3)��establishing minimum health-related standards for
�	short-term and long-term shelter operations for shelters operated
�	with state funds or receiving state assistance.
�	��Sec.�418.1882.��PERSONNEL SURGE CAPACITY PLANNING. �
�	(a)��With the direction, oversight, and approval of the division
�	and the assistance of the Department of State Health Services,
�	health care facilities, county officials, trauma service area
�	regional advisory councils, and other appropriate entities, each
�	council of government, regional planning commission, or similar
�	regional planning agency created under Chapter 391, Local
�	Government Code, shall develop a regional plan for personnel surge
�	capacity during disasters, including plans for providing lodging
�	and meals for disaster relief workers and volunteers.
�	��(b)��Entities developing regional plans for personnel surge
�	capacity with regard to lodging shall consult with representatives
�	of emergency responders, infrastructure and utility repair
�	personnel, and other representatives of agencies, entities, or
�	businesses determined by the division to be essential to the
�	planning process.
�	��Sec.�418.190.��AGRICULTURE EMERGENCY RESPONSE PLAN. �(a)��In
�	coordination with the division, the Department of Agriculture and
�	the Texas Animal Health Commission shall prepare and keep current
�	an agriculture emergency response plan as an annex to the state
�	emergency management plan. �The plan must include provisions for:
�	��(1)��identifying and assessing necessary training,
�	resource, and support requirements;
�	��(2)��providing information on recovery, relief, and
�	assistance requirements following all types of disasters,
�	including information on biological and radiological response; and
�	��(3)��all other information the Department of
�	Agriculture and the Texas Animal Health Commission determine to be
�	relevant to prepare for an all-hazards approach to agricultural
�	disaster management.
�	��(b)��The Department of Agriculture and the Texas Animal
�	Health Commission shall include the plan developed under Subsection
�	(a) in an annual report to the legislature and the office of the
�	governor.
�	��Sec.�418.191.��MEDICAL SPECIAL NEEDS VOLUNTEERS. �(a)��An
�	entity responsible for the care of individuals with medical special
�	needs shall develop and distribute information on volunteering in
�	connection with a disaster.
�	��(b)��The division shall provide information to interested
�	parties and the public regarding how volunteers can be identified
�	and trained to help all groups of people, including those with
�	medical special needs and those who are residents of assisted
�	living facilities.
�	��SECTION�1.17.��Subchapter B, Chapter 242, Health and Safety
�	Code, is amended by adding Section 242.0395 to read as follows:
�	��Sec.�242.0395.��REGISTRATION WITH TEXAS INFORMATION AND
�	REFERRAL NETWORK. (a)��An institution licensed under this chapter
�	shall register with the Texas Information and Referral Network
�	under Section 531.0312, Government Code, to assist the state in
�	identifying persons needing assistance if an area is evacuated
�	because of a disaster or other emergency.
�	��(b)��The institution is not required to identify individual
�	residents who may require assistance in an evacuation or to
�	register individual residents with the Texas Information and
�	Referral Network for evacuation assistance.
�	��(c)��The institution shall notify each resident and the
�	resident's next of kin or guardian regarding how to register for
�	evacuation assistance with the Texas Information and Referral
�	Network.
�	��SECTION�1.18.��Subchapter B, Chapter 247, Health and Safety
�	Code, is amended by adding Section 247.0275 to read as follows:
�	��Sec.�247.0275.��REGISTRATION WITH TEXAS INFORMATION AND
�	REFERRAL NETWORK. (a)��An assisted living facility licensed under
�	this chapter shall register with the Texas Information and Referral
�	Network under Section 531.0312, Government Code, to assist the
�	state in identifying persons needing assistance if an area is
�	evacuated because of a disaster or other emergency.
�	��(b)��The assisted living facility is not required to identify
�	individual residents who may require assistance in an evacuation or
�	to register individual residents with the Texas Information and
�	Referral Network for evacuation assistance.
�	��(c)��The assisted living facility shall notify each resident
�	and the resident's next of kin or guardian regarding how to register
�	for evacuation assistance with the Texas Information and Referral
�	Network.
�	��SECTION�1.19.��Subchapter B, Chapter 207, Labor Code, is
�	amended by adding Section 207.0212 to read as follows:
�	��Sec.�207.0212.��ELIGIBILITY OF CERTAIN PERSONS UNEMPLOYED
�	BECAUSE OF DISASTER. (a) In this section, "disaster unemployment
�	assistance benefits" means benefits authorized under Section 410,
�	Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
�	U.S.C. Section 5177), and rules adopted under that section.
�	��(b)��Notwithstanding Section 207.021, the governor, by
�	executive order, may suspend the waiting period requirement imposed
�	under Section 207.021(a)(7) to authorize an individual to receive
�	benefits for that waiting period if the individual:
�	��(1)��is unemployed as a direct result of a natural
�	disaster that results in a disaster declaration by the president of
�	the United States under the Robert T. Stafford Disaster Relief and
�	Emergency Assistance Act (42 U.S.C. Section 5121 et seq.);
�	��(2)��is otherwise eligible for unemployment
�	compensation benefits under this subtitle; and
�	��(3)��is not receiving disaster unemployment assistance
�	benefits for the period included in that waiting period.
�	��SECTION�1.20.��Sections 541.201(1) and (13-a),
�	Transportation Code, are amended to read as follows:
�	��(1)��"Authorized emergency vehicle" means:
�	��(A)��a fire department or police vehicle;
�	��(B)��a public or private ambulance operated by a
�	person who has been issued a license by the Texas Department of
�	Health;
�	��(C)��a municipal department or public service
�	corporation emergency vehicle that has been designated or
�	authorized by the governing body of a municipality;
�	��(D)��a private vehicle of a volunteer firefighter
�	or a certified emergency medical services employee or volunteer
�	when responding to a fire alarm or medical emergency;
�	��(E)��an industrial emergency response vehicle,
�	including an industrial ambulance, when responding to an emergency,
�	but only if the vehicle is operated in compliance with criteria in
�	effect September 1, 1989, and established by the predecessor of the
�	Texas Industrial Emergency Services Board of the State Firemen's
�	and Fire Marshals' Association of Texas; [or]
�	��(F)��a vehicle of a blood bank or tissue bank,
�	accredited or approved under the laws of this state or the United
�	States, when making emergency deliveries of blood, drugs,
�	medicines, or organs; or
�	��(G)��a vehicle used for law enforcement purposes
�	that is owned or leased by a federal governmental entity.
�	��(13-a)��"Police vehicle" means a vehicle [~~of a~~
�	~~governmental entity primarily~~] used by a peace officer, as defined
�	by Article 2.12, Code of Criminal Procedure, for law enforcement
�	purposes that:
�	��(A)��is owned or leased by a governmental entity;
�	��(B)��is owned or leased by the police department
�	of a private institution of higher education that commissions peace
�	officers under Section 51.212, Education Code; or
�	��(C)��is:
�	��(i)��a private vehicle owned or leased by the
�	peace officer; and
�	��(ii)��approved for use for law enforcement
�	purposes by the head of the law enforcement agency that employs the
�	peace officer, or by that person's designee, provided that use of
�	the private vehicle must, if applicable, comply with any rule
�	adopted by the commissioners court of a county under Section
�	170.001, Local Government Code, and that the private vehicle may
�	not be considered an authorized emergency vehicle for exemption
�	purposes under Section 228.054, 284.070, 366.178, or 370.177,
�	Transportation Code, unless the vehicle is marked.
�	��SECTION�1.21.��Section 545.421(b), Transportation Code, is
�	amended to read as follows:
�	��(b)��A signal under this section that is given by a police
�	officer pursuing a vehicle may be by hand, voice, emergency light,
�	or siren. The officer giving the signal must be in uniform and
�	prominently display the officer's badge of office. The officer's
�	vehicle must bear the insignia of a law enforcement agency,
�	regardless of whether the vehicle displays an emergency light [be
�	~~appropriately marked as an official police vehicle~~].
�	��SECTION�1.22.��Section 418.072, Government Code, is
�	repealed.
�	��SECTION�1.23.��On the effective date of this Act, the
�	disaster emergency funding board is abolished.
�	��SECTION�1.24.��The changes in law made by this Act by the
�	amendment of Section 418.005, Government Code, apply only to a law
�	enforcement officer or county judge elected or public officer
�	appointed on or after the effective date of this Act. �A law
�	enforcement officer or county judge elected or public officer
�	appointed before the effective date of this Act is governed by the
�	law in effect immediately before that date, and the former law is
�	continued in effect for that purpose.
�	��SECTION�1.25.��The change in law made by Section 207.0212,
�	Labor Code, as added by this Act, applies only to a claim for
�	unemployment compensation benefits that is filed with the Texas
�	Workforce Commission on or after the effective date of this Act. A
�	claim filed before that date is governed by the law in effect on the
�	date the claim was filed, and the former law is continued in effect
�	for that purpose.
�	��SECTION�1.26.��(a)��Not later than the 30th day after the
�	effective date of this section, the division of emergency
�	management shall issue a report to the legislature regarding the
�	implementation of medical special needs plans in connection with
�	Hurricane Ike, including identification, evacuation,
�	transportation, shelter, care, and reentry during the period ending
�	on the 30th day after the conclusion of the disaster. �The
�	Department of State Health Services shall cooperate in the
�	preparation of the report.
�	��(b)��Subsection (a) of this section takes effect immediately
�	if this Act receives a vote of two-thirds of all the members elected
�	to each house, as provided by Section 39, Article III, Texas
�	Constitution. �If this Act does not receive the vote necessary for
�	immediate effect, Subsection (a) of this section takes effect
�	September 1, 2009.
�	ARTICLE�2.��EMERGENCY ELECTRICAL POWER
�	��SECTION�2.01.��Subtitle G, Title 10, Government Code, is
�	amended by adding Chapter 2311 to read as follows:
�	CHAPTER�2311.��ENERGY SECURITY TECHNOLOGIES FOR CRITICAL
�	GOVERNMENTAL FACILITIES
�	��Sec.�2311.001.��DEFINITIONS. In this chapter:
�	��(1)��"Combined heating and power system" means a system
�	that:
�	��(A)��is located on the site of a facility;
�	��(B)��is the primary source of both electricity and
�	thermal energy for the facility;
�	��(C)��can provide all of the electricity needed to
�	power the facility's critical emergency operations for at least 14
�	days; and
�	��(D)��has an overall efficiency of energy use that
�	exceeds 60 percent.
�	��(2)��"Critical governmental facility" means a building
�	owned by the state or a political subdivision of the state that is
�	expected to:
�	��(A)��be continuously occupied;
�	��(B)��maintain operations for at least 6,000 hours
�	each year;
�	��(C)��have a peak electricity demand exceeding 500
�	kilowatts; and
�	��(D)��serve a critical public health or public
�	safety function during a natural disaster or other emergency
�	situation that may result in a widespread power outage, including
�	a:
�	��(i)��command and control center;
�	��(ii)��shelter;
�	��(iii)��prison or jail;
�	��(iv)��police or fire station;
�	��(v)��communications or data center;
�	��(vi)��water or wastewater facility;
�	��(vii)��hazardous waste storage facility;
�	��(viii)��biological research facility;
�	��(ix)��hospital; or
�	��(x)��food preparation or food storage
�	facility.
�	��Sec.�2311.002.��COMBINED HEATING AND POWER SYSTEMS. When
�	constructing or extensively renovating a critical governmental
�	facility or replacing major heating, ventilation, and
�	air-conditioning equipment for a critical governmental facility,
�	the entity with charge and control of the facility shall evaluate
�	whether equipping the facility with a combined heating and power
�	system would result in expected energy savings that would exceed
�	the expected costs of purchasing, operating, and maintaining the
�	system over a 20-year period. Notwithstanding Chapter 2302, the
�	entity may equip the facility with a combined heating and power
�	system if the expected energy savings exceed the expected costs.
�	��SECTION�2.02.��Subchapter D, Chapter 38, Utilities Code, is
�	amended by adding Section 38.073 to read as follows:
�	��Sec.�38.073.��AUTHORITY OF COMMISSION DURING AN EMERGENCY. �
�	(a) �On a declaration of a natural disaster or other emergency by
�	the governor, the commission may require an electric utility,
�	municipally owned utility, electric cooperative, qualifying
�	facility, power generation company, exempt wholesale generator, or
�	power marketer to sell electricity to an electric utility,
�	municipally owned utility, or electric cooperative that is unable
�	to supply power to meet customer demand due to the natural disaster
�	or other emergency. �Any plant, property, equipment, or other items
�	used to receive or deliver electricity under this subsection are
�	used and useful in delivering service to the public, and the
�	commission shall allow timely recovery for the costs of those
�	items. �The commission may order an electric utility, municipally
�	owned utility, or electric cooperative to provide interconnection
�	service to another electric utility, municipally owned utility, or
�	electric cooperative to facilitate a sale of electricity under this
�	section. �If the commission does not order the sale of electricity
�	during a declared emergency as described by this subsection, the
�	commission shall promptly submit to the legislature a report
�	describing the reasons why the commission did not make that order.
�	��(b)��If an entity receives electricity under Subsection (a),
�	the receiving entity shall reimburse the supplying entity for the
�	actual cost of providing the electricity. �The entity receiving the
�	electricity is responsible for any transmission and distribution
�	service charges specifically incurred in relation to providing the
�	electricity.
�	��(c)��An entity that pays for electricity received under
�	Subsection (b) and that is regulated by the commission may fully
�	recover the cost of the electricity in a timely manner by:
�	��(1)��including the cost in the entity's fuel cost under
�	Section 36.203; or
�	��(2)��notwithstanding Section 36.201, imposing a
�	different surcharge.
�	��SECTION�2.03.��Chapter 38, Utilities Code, is amended by
�	adding Subchapter E to read as follows:
�	SUBCHAPTER E. �INFRASTRUCTURE IMPROVEMENT AND MAINTENANCE REPORT
�	��Sec.�38.101.��REPORT ON INFRASTRUCTURE IMPROVEMENT AND
�	MAINTENANCE. �(a)��Not later than May 1 of each year, each electric
�	utility shall submit to the commission a report describing the
�	utility's activities related to:
�	��(1)��identifying areas that are susceptible to damage
�	during severe weather and hardening transmission and distribution
�	facilities in those areas;
�	��(2)��vegetation management; and
�	��(3)��inspecting distribution poles.
�	��(b)��Each electric utility shall include in a report required
�	under Subsection (a) a summary of the utility's activities related
�	to preparing for emergency operations.
�	��SECTION�2.04.��(a) �Not later than June 1, 2010, the Public
�	Utility Commission of Texas shall conduct and complete a study to
�	evaluate:
�	��(1)��the locations in this state that are most likely to
�	experience a natural disaster or other emergency;
�	��(2)��the ability of each entity described by Subsection
�	(a), Section 38.073, Utilities Code, as added by this Act, to comply
�	with that section in the event of a natural disaster or other
�	emergency;
�	��(3)��any steps an entity described by Subsection (a),
�	Section 38.073, Utilities Code, as added by this Act, should take to
�	prepare to comply with that section; and
�	��(4)��the potential for distributed generation,
�	including renewable power with battery backup and combined heat and
�	power systems, to strengthen reliability of electric service during
�	a natural disaster or other emergency.
�	��(b)��An entity described by Subsection (a), Section 38.073,
�	Utilities Code, as added by this Act, shall comply with any order
�	issued by the Public Utility Commission of Texas under that
�	subsection while the study required by Subsection (a) of this
�	section is conducted.
�	��(c)��The Public Utility Commission of Texas shall prepare a
�	report based on the study conducted under Subsection (a) of this
�	section. �The report must include any recommendations the
�	commission considers advisable in relation to the implementation of
�	and compliance with Section 38.073, Utilities Code, as added by
�	this Act. �The commission may include the report in the report
�	required by Section 31.003, Utilities Code.
�	��SECTION�2.05.��The Public Utility Commission of Texas shall
�	adopt rules consistent with Subchapter E, Chapter 38, Utilities
�	Code, as added by this Act, not later than January 1, 2010.
�	ARTICLE�3.��HEALTH AND SAFETY PROVISIONS
�	��SECTION�3.01.��Subtitle F, Title 2, Health and Safety Code,
�	is amended by adding Chapter 123 to read as follows:
�	CHAPTER 123. �PUBLIC HEALTH EXTENSION SERVICE PILOT PROGRAM
�	��Sec.�123.001.��DEFINITIONS. �In this chapter:
�	��(1)��"Department" means the Department of State Health
�	Services; and
�	��(2)��"Program" means the public health extension
�	service pilot program established under this chapter.
�	��Sec.�123.002.��PROGRAM ESTABLISHED; PURPOSES. �(a) �The
�	department shall establish a public health extension service pilot
�	program in Health Service Region 11, a region of the state that may
�	be particularly vulnerable to biosecurity threats, disaster, and
�	other emergencies.
�	��(b)��The purpose of the program is to support local public
�	health and medical infrastructure, promote disease control and
�	medical preparedness, and enhance biosecurity, including detection
�	of dangerous biologic agents, availability of pathology services,
�	and management of hazardous materials.
�	��Sec.�123.003.��RULES. �The executive commissioner of the
�	Health and Human Services Commission may adopt rules for the
�	implementation and administration of the program.
�	��Sec.�123.004.��PROGRAM ADMINISTRATION. �The department may
�	contract with The Texas A&M University System or The University of
�	Texas System or both to implement or administer the program.
�	��Sec.�123.005.��PROGRAM OBJECTIVES. �Through the program, the
�	department may implement projects and systems to accomplish the
�	purposes of the program described by Section 123.002, and may:
�	��(1)��provide support for regional disaster medical
�	assistance teams and tactical medical operations incident
�	management teams;
�	��(2)��establish a disaster training and exercise
�	program;
�	��(3)��establish and equip caches of necessary medical
�	supplies and equipment for use in disasters and other emergencies;
�	��(4)��establish a regionally based system of emergency
�	medical logistics management to support state and federal emergency
�	management authorities, including local patient triage sites and
�	local emergency medical operations; and
�	��(5)��establish a regionally based system to provide
�	technical assistance for disaster mitigation and recovery.
�	��Sec.�123.006.��REPORT. �Not later than December 1, 2010, the
�	department shall report to the governor, lieutenant governor, and
�	speaker of the house of representatives on the program, including
�	recommendations for continuing and expanding the program to other
�	regions of the state.
�	��Sec.�123.007.��EXPIRATION. �This chapter expires and the
�	program is abolished September 2, 2011.
�	��SECTION�3.02.��Section 251.012, Health and Safety Code, is
�	amended to read as follows:
�	��Sec.�251.012.��EXEMPTIONS FROM LICENSING REQUIREMENT. �The
�	following facilities are not required to be licensed under this
�	chapter:
�	��(1)��a home and community support services agency
�	licensed under Chapter 142 with a home dialysis designation;
�	��(2)��a hospital licensed under Chapter 241 that
�	provides dialysis only to:
�	��(A)��individuals receiving inpatient services
�	from the hospital; or
�	��(B)��individuals receiving outpatient services
�	due to a disaster declared by the governor or a federal disaster
�	declared by the president of the United States occurring in this
�	state or another state during the term of the disaster declaration;
�	or
�	��(3)��the office of a physician unless the office is used
�	primarily as an end stage renal disease facility.
�	��SECTION�3.03.��Subtitle B, Title 8, Health and Safety Code,
�	is amended by adding Chapter 695 to read as follows:
�	CHAPTER�695.��IN-CASKET IDENTIFICATION
�	��Sec.�695.001.��DEFINITIONS. �In this chapter:
�	��(1)��"Casket"�means a container used to hold the
�	remains of a deceased person.
�	��(2)��"Commission"�means the Texas Funeral Service
�	Commission.
�	��Sec.�695.002.��IDENTIFICATION OF DECEASED PERSON. �The
�	commission shall ensure a casket contains identification of the
�	deceased person, including the person's name, date of birth, and
�	date of death.
�	��Sec.�695.003.��RULES. �The commission may adopt rules to
�	enforce this chapter.
�	��SECTION�3.03a.��Subchapter D, Chapter 771, Health and Safety
�	Code, is amended by adding Section 771.0712 to read as follows:
�	��Sec.�771.0712.��PREPAID 9-1-1 EMERGENCY SERVICE FEE. (a) �To
�	ensure that all 9-1-1 agencies under Section 418.051, Government
�	Code, are adequately funded, beginning on June 1, 2010, a prepaid
�	wireless 9-1-1 emergency services fee of two percent of the
�	purchase price of each prepaid wireless telecommunications service
�	purchased by any method, shall be collected by the seller from the
�	consumer at the time of each retail transaction of prepaid wireless
�	telecommunications service occurring in this state and remitted to
�	the comptroller consistent with Chapter 151, Tax Code, and
�	distributed consistent with the procedures in place for the
�	emergency services fee in Section 771.0711, Health and Safety Code.
�	A seller may deduct and retain two percent of prepaid wireless 9-1-1
�	emergency services fees that it collects under this section to
�	offset its costs in administering this fee.
�	��(b)��The comptroller shall adopt rules to implement this
�	section by June 1, 2010.
�	��SECTION�3.04.��The change in law made by this Act by the
�	amendment of Section 251.012, Health and Safety Code, applies only
�	to dialysis services provided on or after the effective date of this
�	Act. Dialysis services provided before the effective date of this
�	Act are covered by the law in effect immediately before that date,
�	and the former law is continued in effect for that purpose.
�	ARTICLE�4.��PROVISIONS RELATED TO CERTAIN PUBLIC EMPLOYEES
�	��SECTION�4.01.��Subchapter B, Chapter 659, Government Code,
�	is amended by adding Section 659.025 to read as follows:
�	��Sec.�659.025.��USE OF COMPENSATORY TIME BY CERTAIN EMERGENCY
�	SERVICES PERSONNEL; OPTIONAL OVERTIME PAYMENT. �(a)��In this
�	section, "emergency services personnel" includes firefighters,
�	police officers and other peace officers, emergency medical
�	technicians, emergency management personnel, and other individuals
�	who are required, in the course and scope of their employment, to
�	provide services for the benefit of the general public during
�	emergency situations.
�	��(b)��This section applies only to a state employee who is
�	emergency services personnel, who is not subject to the overtime
�	provisions of the federal Fair Labor Standards Act of 1938 (29
�	U.S.C. Section 201 et seq.), and who is not an employee of the
�	legislature, including an employee of the lieutenant governor or of
�	a legislative agency.
�	��(c)��Notwithstanding Section 659.016 or any other law, an
�	employee to whom this section applies may be allowed to take
�	compensatory time off during the 18-month period following the end
�	of the workweek in which the compensatory time was accrued.
�	��(d)��Notwithstanding Section 659.016 or any other law, the
�	administrative head of a state agency that employs an employee to
�	whom this section applies may pay the employee overtime at the
�	employee's regular hourly salary rate for all or part of the hours
�	of compensatory time off accrued by the employee during a declared
�	disaster in the preceding 18-month period. �The administrative head
�	shall reduce the employee's compensatory time balance by one hour
�	for each hour the employee is paid overtime under this section.
�	��SECTION�4.02.��Subchapter H, Chapter 660, Government Code,
�	is amended by adding Section 660.209 to read as follows:
�	��Sec.�660.209.��STATE EMERGENCY SERVICES PERSONNEL. �(a)��In
�	this section, "emergency services personnel" includes
�	firefighters, police officers and other peace officers, emergency
�	medical technicians, emergency management personnel, and other
�	individuals who are required, in the course and scope of their
�	employment, to provide services for the benefit of the general
�	public during emergency situations.
�	��(b)��Notwithstanding any other provision of this chapter or
�	the General Appropriations Act, a state employee who is emergency
�	services personnel and who is deployed to a temporary duty station
�	to conduct emergency or disaster response activities is entitled to
�	reimbursement for the actual expense of lodging when there is no
�	room available at the state rate within reasonable proximity to the
�	employee's temporary duty station.
�	��SECTION�4.03.��Section 161.0001(1-a), Health and Safety
�	Code, is amended to read as follows:
�	��(1-a)��"First responder" means:
�	��(A)��any federal, state, local, or private
�	personnel who may respond to a disaster, including:
�	��(i)��public health and public safety
�	personnel;
�	��(ii)��commissioned law enforcement
�	personnel;
�	��(iii)��fire protection personnel, including
�	volunteer firefighters;
�	��(iv)��emergency medical services personnel,
�	including hospital emergency facility staff;
�	��(v)��a member of the National Guard;
�	��(vi)��a member of the Texas State Guard; or
�	��(vii)��any other worker who responds to a
�	disaster in the worker's scope of employment; or
�	��(B)��any related personnel that provide support
�	services during the prevention, response, and recovery phases of a
�	disaster [~~has the meaning assigned by Section 421.095, Government~~
�	~~Code~~].
�	ARTICLE�5.��JUDICIAL PREPAREDNESS
�	��SECTION�5.01.��Subchapter A, Chapter 22, Government Code, is
�	amended by adding Section 22.0035 to read as follows:
�	��Sec.�22.0035.��MODIFICATION OR SUSPENSION OF CERTAIN
�	PROVISIONS RELATING TO COURT PROCEEDINGS AFFECTED BY DISASTER. �(a) �
�	In this section, "disaster"�has the meaning assigned by Section
�	418.004.
�	��(b)��Notwithstanding any other statute, the supreme court
�	may modify or suspend procedures for the conduct of any court
�	proceeding affected by a disaster during the pendency of a disaster
�	declared by the governor. �An order under this section may not
�	extend for more than 30 days from the date the order was signed
�	unless renewed by the supreme court.
�	��(c)��If a disaster prevents the supreme court from acting
�	under Subsection (b), the chief justice of the supreme court may act
�	on behalf of the supreme court under that subsection.
�	��(d)��If a disaster prevents the chief justice from acting
�	under Subsection (c), the court of criminal appeals may act on
�	behalf of the supreme court under Subsection (b).
�	��(e)��If a disaster prevents the court of criminal appeals
�	from acting under Subsection (d), the presiding judge of the court
�	of criminal appeals may act on behalf of the supreme court under
�	Subsection (b).
�	��SECTION�5.02.��Section 74.093(c), Government Code, is
�	amended to read as follows:
�	��(c)��The rules may provide for:
�	��(1)��the selection and authority of a presiding judge
�	of the courts giving preference to a specified class of cases, such
�	as civil, criminal, juvenile, or family law cases; [~~and~~]
�	��(2)��a coordinated response for the transaction of
�	essential judicial functions in the event of a disaster; and
�	��(3)��any other matter necessary to carry out this
�	chapter or to improve the administration and management of the
�	court system and its auxiliary services.
�	��SECTION�5.03.��Section 418.002, Government Code, is amended
�	to read as follows:
�	��Sec.�418.002.��PURPOSES. �The purposes of this chapter are
�	to:
�	��(1)��reduce vulnerability of people and communities of
�	this state to damage, injury, and loss of life and property
�	resulting from natural or man-made catastrophes, riots, or hostile
�	military or paramilitary action;
�	��(2)��prepare for prompt and efficient rescue, care, and
�	treatment of persons victimized or threatened by disaster;
�	��(3)��provide a setting conducive to the rapid and
�	orderly restoration and rehabilitation of persons and property
�	affected by disasters;
�	��(4)��clarify and strengthen the roles of the governor,
�	state agencies, the judicial branch of state government, and local
�	governments in prevention of, preparation for, response to, and
�	recovery from disasters;
�	��(5)��authorize and provide for cooperation in disaster
�	mitigation, preparedness, response, and recovery;
�	��(6)��authorize and provide for coordination of
�	activities relating to disaster mitigation, preparedness,
�	response, and recovery by agencies and officers of this state, and
�	similar state-local, interstate, federal-state, and foreign
�	activities in which the state and its political subdivisions may
�	participate;
�	��(7)��provide an emergency management system embodying
�	all aspects of predisaster preparedness and postdisaster response;
�	��(8)��assist in mitigation of disasters caused or
�	aggravated by inadequate planning for and regulation of public and
�	private facilities and land use; and
�	��(9)��provide the authority and mechanism to respond to
�	an energy emergency.
�	��SECTION�5.04.��This article takes effect immediately if this
�	Act receives a vote of two-thirds of all the members elected to each
�	house, as provided by Section 39, Article III, Texas Constitution.��
�	If this Act does not receive the vote necessary for immediate
�	effect, this article takes effect September 1, 2009.
�	ARTICLE 6. �EDUCATION PROVISIONS
�	��SECTION�6.01.��The heading to Section 37.108, Education
�	Code, is amended to read as follows:
�	��Sec.�37.108.��MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY
�	AND�SECURITY AUDIT.
�	��SECTION�6.02.��Section 37.108, Education Code, is amended by
�	amending Subsections (a), (b), and (c) and adding Subsections (c-1)
�	and (c-2) to read as follows:
�	��(a)��Each school district or public junior college district
�	shall adopt and implement a multihazard emergency operations plan
�	for use in the district's facilities�[~~district schools~~]. �The plan
�	must address mitigation, preparedness, response, and recovery as
�	defined by the commissioner of education or commissioner of higher
�	education in conjunction with the governor's office of homeland
�	security.��The plan must provide for:
�	��(1)��district employee training in responding to an
�	emergency;
�	��(2)��if the plan applies to a school district,
�	mandatory school drills and exercises�to prepare district students
�	and employees for responding to an emergency;
�	��(3)��measures to ensure coordination with the
�	Department of State Health Services and�local emergency management
�	agencies, law enforcement, health departments,�and fire
�	departments in the event of an emergency; and
�	��(4)��the implementation of a safety and�security audit
�	as required by Subsection (b).
�	��(b)��At least once every three years, each�[a] school
�	district or public junior college district shall conduct a safety
�	and�security audit of the district's facilities. �To the extent
�	possible, a district shall follow safety and�security audit
�	procedures developed by the Texas School Safety Center or a
�	comparable public or private entity.
�	��(c)��A school district or public junior college district
�	shall report the results of the safety and�security audit conducted
�	under Subsection (b) to the district's board of trustees and, in the
�	manner required by the Texas School Safety Center, to the Texas
�	School Safety Center.
�	��(c-1)��Except as provided by Subsection (c-2), any document
�	or information collected, developed, or produced during a safety
�	and security audit conducted under Subsection (b) is not subject to
�	disclosure under Chapter 552, Government Code.
�	��(c-2)��A document relating to a school district's or public
�	junior college district's multihazard emergency operations plan is
�	subject to disclosure if the document enables a person to:
�	��(1)��verify that the district has established a plan
�	and determine the agencies involved in the development of the plan
�	and the agencies coordinating with the district to respond to an
�	emergency, including the Department of State Health Services, local
�	emergency services agencies, law enforcement agencies, health
�	departments, and fire departments;
�	��(2)��verify that the district's plan was reviewed
�	within the last 12 months and determine the specific review dates;
�	��(3)��verify that the plan addresses the four phases of
�	emergency management under Subsection (a);
�	��(4)��verify that district employees have been trained
�	to respond to an emergency and determine the types of training, the
�	number of employees trained, and the person conducting the
�	training;
�	��(5)��verify that each campus in the district has
�	conducted mandatory emergency drills and exercises in accordance
�	with the plan and determine the frequency of the drills;
�	��(6)��if the district is a school district, verify that
�	the district has established a plan for responding to a train
�	derailment if required under Subsection (d);
�	��(7)��verify that the district has completed a safety
�	and security audit under Subsection (b) and determine the date the
�	audit was conducted, the person conducting the audit, and the date
�	the district presented the results of the audit to the district's
�	board of trustees;
�	��(8)��verify that the district has addressed any
�	recommendations by the district's board of trustees for improvement
�	of the plan and determine the district's progress within the last 12
�	months; and
�	��(9)��if the district is a school district, verify that
�	the district has established a visitor policy and identify the
�	provisions governing access to a district building or other
�	district property.
�	��SECTION�6.03.��Subchapter D, Chapter 37, Education Code, is
�	amended by adding Section 37.109 to read as follows:
�	��Sec.�37.109.��SCHOOL SAFETY AND SECURITY COMMITTEE. (a)��In
�	accordance with guidelines established by the Texas School Safety
�	Center, each school district shall establish a school safety and
�	security committee.
�	��(b)��The committee shall:
�	��(1)��participate on behalf of the district in
�	developing and implementing emergency plans consistent with the
�	district multihazard emergency operations plan required by Section
�	37.108(a) to ensure that the plans reflect specific campus,
�	facility, or support services needs;
�	��(2)��provide the district with any campus, facility, or
�	support services information required in connection with a safety
�	and security audit required by Section 37.108(b), a safety and
�	security audit report required by Section 37.108(c), or another
�	report required to be submitted by the district to the Texas School
�	Safety Center; and
�	��(3)��review each report required to be submitted by the
�	district to the Texas School Safety Center to ensure that the report
�	contains accurate and complete information regarding each campus,
�	facility, or support service in accordance with criteria
�	established by the center.
�	��SECTION�6.04.��Section 37.202, Education Code, is amended to
�	read as follows:
�	��Sec.�37.202.��PURPOSE. The purpose of the center is to serve
�	as:
�	��(1)��a central location for school safety and security
�	information, including research, training, and technical
�	assistance related to successful school safety and security
�	programs; [~~and~~]
�	��(2)��a central registry of persons providing school
�	safety and security consulting services in the state; and
�	��(3)��a resource for the prevention of youth violence
�	and the promotion of safety in the state.
�	��SECTION�6.05.��Section 37.203(a), Education Code, as amended
�	by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the 80th
�	Legislature, Regular Session, 2007, is reenacted to read as
�	follows:
�	��(a)��The center is advised by a board of directors composed
�	of:
�	��(1)��the attorney general, or the attorney general's
�	designee;
�	��(2)��the commissioner, or the commissioner's designee;
�	��(3)��the executive director of the Texas Juvenile
�	Probation Commission, or the executive director's designee;
�	��(4)��the executive commissioner of the Texas Youth
�	Commission, or the executive commissioner's designee;
�	��(5)��the commissioner of the Department of State Health
�	Services, or the commissioner's designee;
�	��(6)��the commissioner of higher education, or the
�	commissioner's designee; and
�	��(7)��the following members appointed by the governor
�	with the advice and consent of the senate:
�	��(A)��a juvenile court judge;
�	��(B)��a member of a school district's board of
�	trustees;
�	��(C)��an administrator of a public primary school;
�	��(D)��an administrator of a public secondary
�	school;
�	��(E)��a member of the state parent-teacher
�	association;
�	��(F)��a teacher from a public primary or secondary
�	school;
�	��(G)��a public school superintendent who is a
�	member of the Texas Association of School Administrators;
�	��(H)��a school district police officer or a peace
�	officer whose primary duty consists of working in a public school;
�	and
�	��(I)��two members of the public.
�	��SECTION�6.06.��Section 37.203(b), Education Code, is amended
�	to read as follows:
�	��(b)��Members of the board appointed under Subsection (a)(7)
�	[~~(a)(6)~~] serve staggered two-year terms, with the terms of the
�	members described by Subsections (a)(7)(A)-(E) [~~(a)(6)(A)-(E)~~]
�	expiring on February 1 of each odd-numbered year and the terms of
�	the members described by Subsections (a)(7)(F)-(I) [~~(a)(6)(F)-(I)~~]
�	expiring on February 1 of each even-numbered year. A member may
�	serve more than one term.
�	��SECTION�6.07.��Section 37.207(a), Education Code, is amended
�	to read as follows:
�	��(a)��The center shall develop a model safety and security
�	audit procedure for use by school districts and public junior
�	college districts�that includes:
�	��(1)��providing each district with guidelines [~~and a~~
�	~~training video~~] showing proper audit procedures;
�	��(2)��reviewing elements of each district audit[,
�	~~providing the results of the review to the district,~~] and making
�	recommendations for improvements in the state�based on that review�
�	[~~the audit~~]; and
�	��(3)��incorporating the findings of district audits in a
�	statewide report on school safety and security�made available by
�	the center to the public.
�	��SECTION�6.08.��Section 37.209, Education Code, is amended to
�	read as follows:
�	��Sec.�37.209.��CENTER WEBSITE. The center shall develop and
�	maintain an interactive Internet website that includes:
�	��(1)��quarterly news updates related to school safety
�	and security�and violence prevention;
�	��(2)��school crime data;
�	��(3)��a schedule of training and special events; and
�	��(4)��a list of persons who [~~approved by the board to~~]
�	provide school safety or security consulting services in this state
�	and are registered in accordance with Section 37.2091
�	[~~presentations~~].
�	��SECTION�6.09.��Subchapter G, Chapter 37, Education Code, is
�	amended by adding Sections 37.2091 and 37.2121 to read as follows:
�	��Sec.�37.2091.��REGISTRY OF PERSONS PROVIDING SCHOOL SAFETY
�	OR SECURITY CONSULTING SERVICES. (a)��In this section, "school
�	safety or security consulting services"�includes any service
�	provided to a school district, institution of higher education,
�	district facility, or campus by a person consisting of advice,
�	information, recommendations, data collection, or safety and
�	security audit services relevant to school safety and security,
�	regardless of whether the person is paid for those services.
�	��(b)��The center shall establish a registry of persons
�	providing school safety or security consulting services in this
�	state.
�	��(c)��Each person providing school safety or security
�	consulting services in this state shall register with the center in
�	accordance with requirements established by the center. The
�	requirements must include provisions requiring a person
�	registering with the center to provide information regarding:
�	��(1)��the person's background, education, and experience
�	that are relevant to the person's ability to provide knowledgeable
�	and effective school safety or security consulting services; and
�	��(2)��any complaints or pending litigation relating to
�	the person's provision of school safety or security consulting
�	services.
�	��(d)��The registry is intended to serve only as an
�	informational resource for school districts and institutions of
�	higher education. The inclusion of a person in the registry is not
�	an indication of the person's qualifications or ability to provide
�	school safety or security consulting services or that the center
�	endorses the person's school safety or security consulting
�	services.
�	��(e)��The center shall include information regarding the
�	registry, including the number of persons registered and the
�	general degree of school safety or security experience possessed by
�	those persons, in the biennial report required by Section 37.216.
�	��Sec.�37.2121.��MEMORANDA OF UNDERSTANDING AND MUTUAL AID
�	AGREEMENTS. (a)��The center shall identify and inform school
�	districts of the types of entities, including local and regional
�	authorities, other school districts, and emergency first
�	responders, with whom school districts should customarily make
�	efforts to enter into memoranda of understanding or mutual aid
�	agreements addressing issues that affect school safety and
�	security.
�	��(b)��The center shall develop guidelines regarding memoranda
�	of understanding and mutual aid agreements between school districts
�	and the entities identified in accordance with Subsection (a). The
�	guidelines:
�	��(1)��must include descriptions of the provisions that
�	should customarily be included in each memorandum or agreement with
�	a particular type of entity;
�	��(2)��may include sample language for those provisions;
�	and
�	��(3)��must be consistent with the Texas Statewide Mutual
�	Aid System established under Subchapter E-1, Chapter 418,
�	Government Code.
�	��(c)��The center shall encourage school districts to enter
�	into memoranda of understanding and mutual aid agreements with
�	entities identified in accordance with Subsection (a) that comply
�	with the guidelines developed under Subsection (b).
�	��(d)��Each school district that enters into a memorandum of
�	understanding or mutual aid agreement addressing issues that affect
�	school safety and security shall, at the center's request, provide
�	the following information to the center:
�	��(1)��the name of each entity with which the school
�	district has entered into a memorandum of understanding or mutual
�	aid agreement;
�	��(2)��the effective date of each memorandum or
�	agreement; and
�	��(3)��a summary of each memorandum or agreement.
�	��(e)��The center shall include information regarding the
�	center's efforts under this section in the report required by
�	Section 37.216.
�	��SECTION�6.10.��Section 37.213, Education Code, is amended to
�	read as follows:
�	��Sec.�37.213.��PUBLIC JUNIOR COLLEGES�[~~INSTITUTIONS OF HIGHER~~
�	~~EDUCATION~~]. (a)��In this section, "public junior college"�
�	[~~"institution of higher education"~~] has the meaning assigned by
�	Section 61.003.
�	��(b)��The center shall research best practices regarding
�	emergency preparedness of public junior colleges and serve as a
�	clearinghouse for that information.
�	��(c)��The center shall provide public �junior colleges with
�	training, technical assistance, and published guidelines or
�	templates, as appropriate, in the following areas:
�	��(1)��multihazard emergency operations plan
�	development;
�	��(2)��drill and exercise development and
�	implementation;
�	��(3)��mutual aid agreements;
�	��(4)��identification of equipment and funds that may be
�	used by public junior colleges in an emergency; and
�	��(5)��reporting in accordance with 20 U.S.C. Section
�	1092(f)�[~~An institution of higher education may use any appropriate~~
�	~~model plan developed by the center under Section 37.205(4).~~
�	��[~~(c)~~ � � ~~The center may provide an institution of higher~~
�	~~education with on-site technical assistance and safety training.~~
�	��[~~(d)~~ � � ~~The center may charge a fee to an institution of higher~~
�	~~education for assistance and training provided under Subsection~~
�	~~(c)~~].
�	��SECTION�6.11.��Section 37.216, Education Code, is amended to
�	read as follows:
�	��Sec.�37.216.��BIENNIAL [~~ANNUAL~~] REPORT. (a)��Not later than
�	January [~~September~~] 1 of each odd-numbered year, the board shall
�	provide a report to the governor, the legislature, the State Board
�	of Education, and the agency.
�	��(b)��The biennial [~~annual~~] report must include any findings
�	made by the center regarding school safety and security and the
�	center's functions, budget information, and strategic planning
�	initiatives of the center.
�	��SECTION�6.12.��Subchapter G, Chapter 37, Education Code, is
�	amended by adding Section 37.2161 to read as follows:
�	��Sec.�37.2161.��SCHOOL SAFETY AND SECURITY PROGRESS REPORT.
�	(a)��The center shall periodically provide a school safety and
�	security progress report to the governor, the legislature, the
�	State Board of Education, and the agency that contains current
�	information regarding school safety and security in the school
�	districts and public junior college districts of this state based
�	on:
�	��(1)��elements of each district's multihazard emergency
�	operations plan required by Section 37.108(a);
�	��(2)��elements of each district's safety and security
�	audit required by Section 37.108(b); and
�	��(3)��any other report required to be submitted to the
�	center.
�	��(b)��The center shall establish guidelines regarding the
�	specific information to be included in the report required by this
�	section.
�	��(c)��The center may provide the report required by this
�	section in conjunction with the report required by Section 37.216.
�	��SECTION�6.13.��Subchapter E, Chapter 51, Education Code, is
�	amended by adding Section 51.217 to read as follows:
�	��Sec.�51.217.��MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY
�	AND SECURITY AUDIT. (a) In this section, "institution" means a
�	general academic teaching institution, a medical and dental unit,
�	or other agency of higher education, as those terms are defined by
�	Section 61.003.
�	��(b)��An institution shall adopt and implement a multihazard
�	emergency operations plan for use at the institution. The plan must
�	address mitigation, preparedness, response, and recovery. The plan
�	must provide for:
�	��(1)��employee training in responding to an emergency;
�	��(2)��mandatory drills to prepare students, faculty, and
�	employees for responding to an emergency;
�	��(3)��measures to ensure coordination with the
�	Department of State Health Services, local emergency management
�	agencies, law enforcement, health departments, and fire
�	departments in the event of an emergency; and
�	��(4)��the implementation of a safety and security audit
�	as required by Subsection (c).
�	��(c)��At least once every three years, an institution shall
�	conduct a safety and security audit of the institution's
�	facilities. To the extent possible, an institution shall follow
�	safety and security audit procedures developed in consultation with
�	the division of emergency management of the office of the governor.
�	��(d)��An institution shall report the results of the safety
�	and security audit conducted under Subsection (c) to the
�	institution's board of regents and the division of emergency
�	management of the office of the governor.
�	��(e)��Except as provided by Subsection (f), any document or
�	information collected, developed, or produced during a safety and
�	security audit conducted under Subsection (c) is not subject to
�	disclosure under Chapter 552, Government Code.
�	��(f)��A document relating to an institution's multihazard
�	emergency operations plan is subject to disclosure if the document
�	enables a person to:
�	��(1)��verify that the institution has established a plan
�	and determine the agencies involved in the development of the plan
�	and the agencies coordinating with the institution to respond to an
�	emergency, including the Department of State Health Services, local
�	emergency services agencies, law enforcement agencies, health
�	departments, and fire departments;
�	��(2)��verify that the institution's plan was reviewed
�	within the last 12 months and determine the specific review dates;
�	��(3)��verify that the plan addresses the four phases of
�	emergency management under Subsection (b);
�	��(4)��verify that institution employees have been
�	trained to respond to an emergency and determine the types of
�	training, the number of employees trained, and the person
�	conducting the training;
�	��(5)��verify that each campus has conducted mandatory
�	emergency drills and exercises in accordance with the plan and
�	determine the frequency of the drills;
�	��(6)��verify that the institution has completed a safety
�	and security audit under Subsection (c) and determine the date the
�	audit was conducted, the person conducting the audit, and the date
�	the institution presented the results of the audit to the board of
�	regents; and
�	��(7)��verify that the institution has addressed any
�	recommendations by the board of regents for improvement of the plan
�	and determine the institution's progress within the last 12 months.
�	��SECTION�6.13a.��Chapter 111, Education Code, is amended by
�	adding Subchapter I to read as follows:
�	SUBCHAPTER I. �UNIVERSITY OF HOUSTON HURRICANE CENTER FOR
�	INNOVATIVE TECHNOLOGY
�	��Sec.�111.121.��DEFINITIONS. �In this subchapter:
�	��(1)��"Board" means the board of regents of the
�	University of Houston System.
�	��(2)��"Center" means the University of Houston Hurricane
�	Center for Innovative Technology (UHC-IT) established under this
�	subchapter.
�	��Sec.�111.122.��ESTABLISHMENT. �(a) �The University of
�	Houston Hurricane Center for Innovative Technology is established
�	at the University of Houston.
�	��(b)��The organization, control, and management of the center
�	are vested in the board.
�	��(c)��The center shall be hosted by the university's College
�	of Engineering. Participation in the center's activities shall be
�	open to any faculty member of the university who is an active
�	researcher in the field of materials, nanotechnology, structural
�	engineering, designing of structures, or sensor technology, or in
�	another relevant field as determined by the university.
�	��Sec.�111.123.��PURPOSE. �The center is created to:
�	��(1)��promote interdisciplinary research, education,
�	and training for the development of state-of-the-art products,
�	materials, systems, and technologies designed to mitigate the wind,
�	and asserted structural damages in the built environment and
�	offshore structures caused by hurricanes in the Gulf Coast region;
�	and
�	��(2)��develop protocols for the fast and efficient
�	recovery of the public and private sectors, including utilities,
�	hospitals, petrochemical industries, offshore platforms, and
�	municipalities and other local communities following a hurricane.
�	��Sec.�111.124.��POWERS AND DUTIES. �The center shall:
�	��(1)��collaborate with appropriate federal, state, and
�	local agencies and private business or nonprofit entities as
�	necessary to coordinate efforts after a hurricane in the Gulf Coast
�	region;
�	��(2)��develop smart materials and devices for use in
�	hurricane protection and mitigation systems for structural
�	monitoring;
�	��(3)��develop anchor systems for window and door
�	screens, dwellings and other buildings, pipelines, and other
�	onshore and offshore structures to withstand hurricane wind damage;
�	��(4)��develop test facilities for evaluating the
�	performance of new products, materials, or techniques designed to
�	protect against hurricane wind damage;
�	��(5)��develop specifications and standards for products
�	used for protecting against hurricane wind damage;
�	��(6)��design buildings, houses, and other structures to
�	withstand hurricane wind damage; and
�	��(9)��provide hurricane-related educational programs,
�	seminars, conferences, and workshops to the community designed to
�	ensure safety, minimize loss of life, and mitigate the destruction
�	of property associated with hurricane wind damage.
�	��Sec.�111.125.��COLLABORATION WITH OTHER ENTITIES. �The
�	University of Houston shall encourage public and private entities
�	to participate in or support the operation of the center and may
�	enter into an agreement with any public or private entity for that
�	purpose. �An agreement may allow the center to provide information,
�	services, or other assistance to an entity in exchange for the
�	entity's participation or support.
�	��Sec.�111.126.��GIFTS AND GRANTS. �The board may solicit,
�	accept, and administer gifts and grants from any public or private
�	source and use existing resources for the purposes of the center. �
�	State funding is not available unless the legislature makes
�	specific appropriation for this purpose.
�	��Sec.�111.127.��PERSONNEL. �The board may employ personnel
�	for the center as necessary.
�	��SECTION�6.14.��Section 418.004(10), Government Code, is
�	amended to read as follows:
�	��(10)��"Local government entity" means a county,
�	incorporated city, independent school district, public junior
�	college district, emergency services district, other special
�	district, joint board, or other entity defined as a political
�	subdivision under the laws of this state that maintains the
�	capability to provide mutual aid.
�	��SECTION�6.15.��Section 37.210, Education Code, is repealed.
�	��SECTION�6.16.��Sections 37.108(c-1) and (c-2), and Sections
�	51.217(d) and (e), Education Code, as added by this article, apply
�	only to a request for documents or information that is received on
�	or after the effective date of this article. �A request for
�	documents or information that was received before the effective
�	date of this article is governed by the law in effect on the date the
�	request was received, and the former law is continued in effect for
�	that purpose.
�	��SECTION�6.17.��A person providing school safety or security
�	consulting services in this state shall comply with Section
�	37.2091, Education Code, as added by this article, not later than
�	January 1, 2010.
�	��SECTION�6.18.��This article does not make an appropriation. �
�	A provision in this article that creates a new governmental
�	program, creates a new entitlement, or imposes a new duty on a
�	governmental entity is not mandatory during a fiscal period for
�	which the legislature has not made a specific appropriation to
�	implement the provision.
�	��SECTION�6.19.��This article takes effect September 1, 2009.
�	ARTICLE�7.��EFFECTIVE DATE
�	��SECTION�7.01.��Except as otherwise provided by this Act,
�	this Act takes effect September 1, 2009.
�
�
�	______________________________	______________________________
�	��President of the Senate	Speaker of the House��
�
�
�	��I certify that H.B. No. 1831 was passed by the House on April
�	24, 2009, by the following vote:��Yeas 140, Nays 0, 1 present, not
�	voting; that the House refused to concur in Senate amendments to
�	H.B. No. 1831 on May 29, 2009, and requested the appointment of a
�	conference committee to consider the differences between the two
�	houses; that the House adopted the conference committee report on
�	H.B. No. 1831 on May 31, 2009, by the following vote:��Yeas 141,
�	Nays 0, 1 present, not voting; and that the House adopted H.C.R. No.
�	286 authorizing certain corrections in H.B. No. 1831 on June 1,
�	2009, by the following vote:��Yeas 135, Nays 0, 2 present, not
�	voting.
�
�	______________________________
�	Chief Clerk of the House��
�
�	��I certify that H.B. No. 1831 was passed by the Senate, with
�	amendments, on May 23, 2009, by the following vote:��Yeas 30, Nays
�	1; at the request of the House, the Senate appointed a conference
�	committee to consider the differences between the two houses; that
�	the Senate adopted the conference committee report on H.B. No. 1831
�	on June 1, 2009, by the following vote:��Yeas 30, Nays 1; and that
�	the Senate adopted H.C.R. No. 286 authorizing certain corrections
�	in H.B. No. 1831 on June 1, 2009, by the following vote:��Yeas 31,
�	Nays 0.
�
�	______________________________
�	Secretary of the Senate��
�	APPROVED: __________________
�	��Date��
�	�
�	�� __________________
�	��Governor��