Bill Text: TX HB5 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
86R21466 SRA-D | |||
By: Phelan, Bonnen of Galveston, Harless, | H.B. No. 5 | ||
Morrison, Deshotel | |||
Substitute the following for H.B. No. 5: | |||
By: Burns | C.S.H.B. No. 5 |
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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. |