Bill Text: TX HB5 | 2019-2020 | 86th Legislature | Enrolled

Texas House Bill 5 (Prior Session Legislation)

Bill Title: Relating to debris management and other disaster recovery efforts.

Sponsorship: Bipartisan Bill

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB5 Detail]

Download: Texas-2019-HB5-Enrolled.html



	H.B. No. 5




	AN ACT


	relating to debris management and other disaster recovery efforts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter C, Chapter 418, Government Code, is
	amended by adding Sections 418.054, 418.055, 418.056, and 418.057
	to read as follows:
	Sec. 418.054. CATASTROPHIC DEBRIS MANAGEMENT PLAN AND
	TRAINING. (a) The division, in consultation with any other state
	agencies selected by the division, shall develop a catastrophic
	debris management plan and model guide for use by political
	subdivisions in the event of a disaster.
	(b) The plan must:
	(1) provide a guide for clearance and disposal of
	debris caused by a disaster, including information on preparing for
	debris removal before a disaster; and
	(2) include:
	(A) provisions for the use of trench burners and
	air curtain incinerators of vegetative debris, including
	identifying sources of equipment for use immediately following a
	disaster; and
	(B) procedures for:
	(i) vegetative debris burning, including
	the role of the Texas Department of Transportation in debris
	removal;
	(ii) the coordination of clearance and
	disposal of debris;
	(iii) obtaining equipment necessary for use
	immediately following a disaster; and
	(iv) the interaction between political
	subdivisions and state and federal agencies.
	(c) The Texas A&M Engineering Extension Service shall
	establish a training program for state agencies and political
	subdivisions on the use of trench burners in debris removal.
	Sec. 418.055. CONTRACTING FOR DEBRIS REMOVAL. (a) The
	division, in consultation with the Federal Emergency Management
	Agency, shall develop and publish a model contract for debris
	removal services to be used by political subdivisions following a
	disaster.
	(b) The division shall consult with the comptroller to:
	(1) establish appropriate contracting standards and
	contractor requirements to include in the model contract; and
	(2) include a contract for debris removal services on
	the schedule of multiple award contracts developed under Subchapter
	I, Chapter 2155, or in another cooperative purchasing program
	administered by the comptroller.
	Sec. 418.056. WET DEBRIS STUDY GROUP. (a) In this section,
	"study group" means the wet debris study group established under
	this section.
	(b) The wet debris study group is established and composed
	of representatives of the division, any other state agencies
	selected by the division, and local and federal governmental
	entities.
	(c) The chief of the division serves as chair of the study
	group.
	(d) The study group shall study issues related to removal of
	wet debris, including best practices for clearing wet debris
	following a disaster and determining responsibility for that
	removal.
	(e) Not later than November 1, 2020, the study group shall
	submit a report containing recommendations on the issues described
	by Subsection (d) to each member of the legislature.
	(f) The study group is abolished and this section expires
	January 1, 2021.
	Sec. 418.057. WORK GROUP ON LOCAL RESTRICTIONS THAT IMPEDE
	DISASTER RECOVERY EFFORTS. (a) In this section, "work group" means
	the work group established under this section.
	(b) The work group is established and composed of
	representatives of the division, any other state agencies selected
	by the division, and local governmental entities.
	(c) The chief of the division serves as chair of the work
	group.
	(d) The work group shall conduct a study on local
	restrictions that impede disaster recovery efforts, including
	efforts to remove debris and erect short-term housing.
	(e) The study conducted under Subsection (d) must include:
	(1) an overview of official actions by governing
	bodies of political subdivisions and requirements imposed by deed
	restrictions or property owners' associations that impede state and
	federal disaster recovery efforts in this state; and
	(2) recommendations for minimizing the effect of the
	official actions and requirements described by Subdivision (1) on
	state and federal disaster recovery efforts in this state.
	(f) Not later than November 1, 2020, the work group shall
	submit a written report to the members of the legislature with the
	results of the study required under this section.
	(g) This section expires and the work group is abolished
	January 1, 2021.
	SECTION 2. Not later than January 1, 2020, the Texas
	Division of Emergency Management shall develop the catastrophic
	debris management plan and model guide required by Section 418.054,
	Government Code, as added by this Act.
	SECTION 3. This Act takes effect September 1, 2019.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 5 was passed by the House on April 11,
	2019, by the following vote: Yeas 146, Nays 0, 1 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 5 was passed by the Senate on May 22,
	2019, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor