Bill Text: TX HB2794 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the administration of emergency management in this state.
Spectrum: Moderate Partisan Bill (Republican 10-2)
Status: (Passed) 2019-06-10 - Effective immediately [HB2794 Detail]
Download: Texas-2019-HB2794-Comm_Sub.html
Bill Title: Relating to the administration of emergency management in this state.
Spectrum: Moderate Partisan Bill (Republican 10-2)
Status: (Passed) 2019-06-10 - Effective immediately [HB2794 Detail]
Download: Texas-2019-HB2794-Comm_Sub.html
86R20316 JRJ-D | |||
By: Morrison | H.B. No. 2794 | ||
Substitute the following for H.B. No. 2794: | |||
By: Goodwin | C.S.H.B. No. 2794 |
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relating to the administration of emergency management in this | ||
state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 61.003(6), Education Code, is amended to | ||
read as follows: | ||
(6) "Other agency of higher education" means The | ||
University of Texas System, System Administration; The University | ||
of Texas at El Paso [ |
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University System, Administrative and General Offices; Texas A&M | ||
AgriLife Research [ |
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AgriLife [ |
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Animal Control Service (a part of the Texas A&M AgriLife | ||
[ |
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Experiment Station (including the Texas A&M Transportation | ||
Institute); Texas A&M Engineering Extension Service; Texas A&M | ||
Forest Service; Texas Division of Emergency Management; Texas Tech | ||
University Museum; Texas State University System, System | ||
Administration; Sam Houston Memorial Museum; Panhandle-Plains | ||
Historical Museum; Cotton Research Committee of Texas; Texas Water | ||
Resources Institute [ |
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Diagnostic Laboratory; and any other unit, division, institution, | ||
or agency which shall be so designated by statute or which may be | ||
established to operate as a component part of any public senior | ||
college or university, or which may be so classified as provided in | ||
this chapter. | ||
SECTION 2. Section 88.001, Education Code, is amended to | ||
read as follows: | ||
Sec. 88.001. AGENCIES AND SERVICES. The agencies and | ||
services of the Texas A&M [ |
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(1) the Texas A&M Forest Service (see Subchapter B of | ||
this chapter); | ||
(2) [ |
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(3) the Texas A&M AgriLife [ |
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Service, established by action of the board of directors; | ||
(4) the Texas A&M Engineering Experiment Station, | ||
established by action of the board of directors; | ||
(5) the Texas A&M Engineering Extension Service, | ||
established by action of the board of directors; | ||
(6) the Texas Division of Emergency Management (see | ||
Subchapter C, Chapter 418, Government Code); and | ||
(7) [ |
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established by law or by action of the board of directors. | ||
SECTION 3. Section 418.013(b), Government Code, is amended | ||
to read as follows: | ||
(b) The emergency management council is composed of | ||
representatives of state agencies, boards, commissions, and | ||
organized volunteer groups designated by the head of each entity. | ||
At least once each biennium, the governor shall review the | ||
composition of the council and, if necessary, update or expand the | ||
participating entities. | ||
SECTION 4. Section 418.041, Government Code, is amended to | ||
read as follows: | ||
Sec. 418.041. ORGANIZATION. (a) The Texas Division of | ||
Emergency Management is a component [ |
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University System [ |
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(b) The division is managed by a chief appointed by the | ||
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training and knowledge consisting of not less than five years of | ||
managerial or strategic planning experience in matters relating to | ||
public safety, security, emergency services, and emergency | ||
response. | ||
(c) At least once every two months, the following shall meet | ||
to coordinate efforts, prevent overlap of activities, and ensure | ||
that the state's approach to emergency management and homeland | ||
security is unified: | ||
(1) a representative of the department; | ||
(2) a representative of the division; | ||
(3) [ |
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Council; and | ||
(4) [ |
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emergency management council, selected by the chair of the | ||
emergency management council. | ||
(d) The division shall employ other coordinating and | ||
planning officers and other professional, technical, secretarial, | ||
and clerical personnel necessary to the performance of its | ||
functions. | ||
(e) The division shall manage and staff the state operations | ||
center under an agreement with the department. | ||
SECTION 5. Section 418.050(c), Government Code, is amended | ||
to read as follows: | ||
(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 [ |
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shall provide support for the credentialing process. | ||
SECTION 6. Section 418.051(c), Government Code, is amended | ||
to read as follows: | ||
(c) The communications coordination group consists of | ||
members selected by the division, including representatives of: | ||
(1) the Texas military forces; | ||
(2) the department [ |
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(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 A&M Forest Service; | ||
(12) the Texas Department of Transportation; | ||
(13) the General Land Office; | ||
(14) the Texas A&M Engineering Extension Service [ |
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(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 7. (a) On September 1, 2019: | ||
(1) the administration of the Texas Division of | ||
Emergency Management shall be transferred from the Department of | ||
Public Safety of the State of Texas to The Texas A&M University | ||
System; | ||
(2) all rules, policies, procedures, and decisions of | ||
the Department of Public Safety of the State of Texas relating to | ||
the administration of the Texas Division of Emergency Management | ||
are continued in effect as rules, policies, procedures, and | ||
decisions of The Texas A&M University System until superseded by a | ||
rule or other appropriate action by The Texas A&M University | ||
System; | ||
(3) an employee of the Texas Division of Emergency | ||
Management as operated by the Department of Public Safety of the | ||
State of Texas becomes an employee of the Texas Division of | ||
Emergency Management under The Texas A&M University System; | ||
(4) a reference in law or administrative rule to the | ||
Department of Public Safety of the State of Texas relating to the | ||
administration of the Texas Division of Emergency Management means | ||
The Texas A&M University System; and | ||
(5) the Department of Public Safety of the State of | ||
Texas is responsible for the employer contribution for the cost of | ||
retiree insurance for employees of the Texas Division of Emergency | ||
Management who retire from the division before September 1, 2019. | ||
(b) Not later than June 1, 2019, the Department of Public | ||
Safety of the State of Texas and The Texas A&M University System | ||
shall enter into a memorandum of understanding relating to the | ||
transfer of the administration of the Texas Division of Emergency | ||
Management from the Department of Public Safety of the State of | ||
Texas to The Texas A&M University System as provided by this Act. | ||
The memorandum must include: | ||
(1) a timetable and specific steps and methods for the | ||
transfer on September 1, 2019, of all powers, duties, obligations, | ||
rights, contracts, leases, records, real or personal property, and | ||
unspent and unobligated appropriations and other funds relating to | ||
the administration of the Texas Division of Emergency Management | ||
from the Department of Public Safety of the State of Texas to The | ||
Texas A&M University System; | ||
(2) measures to ensure against any unnecessary | ||
disruption to the operation of the Texas Division of Emergency | ||
Management during the transfer process; and | ||
(3) a provision that the terms of any memorandum of | ||
understanding entered into previously by the governor, The Texas | ||
A&M University System, the Department of Public Safety of the State | ||
of Texas, and the Texas Division of Emergency Management and | ||
related to the transfer remain in effect until the transfer is | ||
completed. | ||
SECTION 8. This Act takes effect immediately if it 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 | ||
Act takes effect September 1, 2019. |