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


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

Spectrum: 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       
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