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  H.B. No. 1471
 
 
 
 
AN ACT
  relating to resource sharing among certain political subdivisions,
  including regional planning commissions, during a disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. CERTAIN DISASTER RESPONSE PROCEDURES FOR POLITICAL
  SUBDIVISIONS
         SECTION 1.01.  Section 418.004, Government Code, is amended
  by adding Subdivisions (10) through (14) to read as follows:
               (10)  "Local government entity" means a county,
  incorporated city, independent school 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.
               (11)  "Mutual aid" means a homeland security activity,
  as defined by Section 421.001, performed under the system or a
  written mutual aid agreement.
               (12)  "Requesting local government entity" means a
  local government entity requesting mutual aid assistance under the
  system.
               (13)  "Responding local government entity" means a
  local government entity providing mutual aid assistance in response
  to a request under the system.
               (14)  "System" means the Texas Statewide Mutual Aid
  System.
         SECTION 1.02.  Subchapter E, Chapter 418, Government Code,
  is amended by adding Section 418.1015 to read as follows:
         Sec. 418.1015.  EMERGENCY MANAGEMENT DIRECTORS. (a)  The
  presiding officer of the governing body of an incorporated city or a
  county or the chief administrative officer of a joint board is
  designated as the emergency management director for the officer's
  political subdivision.
         (b)  An emergency management director serves as the
  governor's designated agent in the administration and supervision
  of duties under this chapter. An emergency management director may
  exercise the powers granted to the governor under this chapter on an
  appropriate local scale.
         (c)  An emergency management director may designate a person
  to serve as emergency management coordinator. The emergency
  management coordinator shall serve as an assistant to the emergency
  management director for emergency management purposes.
         SECTION 1.03.  Section 418.107(c), Government Code, is
  amended to read as follows:
         (c)  A local government entity [political subdivision or
  regional planning commission] may render mutual aid to other local
  government entities [political subdivisions or regional planning
  commissions] under mutual aid agreements or the system.
         SECTION 1.04.  The heading to Section 418.109, Government
  Code, is amended to read as follows:
         Sec. 418.109.  AUTHORITY TO RENDER MUTUAL AID ASSISTANCE.
         SECTION 1.05.  Section 418.109(d), Government Code, is
  amended to read as follows:
         (d)  A local government entity or [municipality, county,
  emergency services district, fire protection agency, regional
  planning commission,] organized volunteer group[, or other
  emergency services entity] may provide mutual aid assistance on
  request from another local government entity or [municipality,
  county, emergency services district, fire protection agency,
  regional planning commission,] organized volunteer group[, or
  other emergency services entity]. The chief or highest ranking
  officer of the entity from which assistance is requested, with the
  approval and consent of the presiding officer of the governing body
  of that entity, may provide that assistance while acting in
  accordance with the policies, ordinances, and procedures
  established by the governing body of that entity [and consistent
  with any mutual aid plans developed by the emergency management
  council].
         SECTION 1.06.  Section 418.110, Government Code, is amended
  to read as follows:
         Sec. 418.110.  STATEWIDE MUTUAL AID PROGRAM FOR FIRE
  EMERGENCIES. (a)  The division, in consultation with state fire
  protection agencies and the Texas Commission on Fire Protection,
  may [shall] develop a statewide mutual aid program for fire
  emergencies.
         (b)  A program developed under this section:
               (1)  does not alter the legal obligations of a
  political subdivision participating in the system; and
               (2)  must be consistent with the state emergency
  management plan.
         SECTION 1.07.  Chapter 418, Government Code, is amended by
  adding Subchapter E-1 to read as follows:
  SUBCHAPTER E-1. TEXAS STATEWIDE MUTUAL AID SYSTEM
         Sec. 418.111.  CREATION OF THE TEXAS STATEWIDE MUTUAL AID
  SYSTEM. (a)  The Texas Statewide Mutual Aid System is established
  to provide integrated statewide mutual aid response capability
  between local government entities without a written mutual aid
  agreement.
         (b)  A request for mutual aid assistance between local
  government entities is considered to be made under the system,
  unless the requesting and responding entities are parties to a
  written mutual aid agreement in effect when the request is made.
         (c)  This subchapter does not affect a written mutual aid
  agreement between local government entities in effect on or before
  the effective date of this subchapter or restrict the ability of
  local government entities to enter into a written mutual aid
  agreement as otherwise authorized by statute after the effective
  date of this subchapter. If a request is made between local
  government entities that are parties to a written mutual aid
  agreement, the terms of that agreement control the rights and
  obligations of the parties.
         Sec. 418.112.  ADMINISTRATION BY DIVISION. The division
  shall administer the system. In administering the system, the
  division shall encourage and assist political subdivisions in
  planning and implementing comprehensive all-hazards emergency
  management programs, including assisting political subdivisions to
  ensure that the local emergency management plan of each subdivision
  adequately provides for the rendering and receipt of mutual aid.
         Sec. 418.113.  DISASTER DISTRICTS. (a)  This state is
  divided into disaster districts to engage in homeland security
  preparedness and response activities. The boundaries of the
  disaster districts coincide with the geographic boundaries of the
  state planning regions established by the governor under Chapter
  391, Local Government Code.
         (b)  A disaster district committee is established for each
  disaster district. Each committee is composed of local
  representatives of the state agencies, boards, and commissions and
  organized volunteer groups with representation on the emergency
  management council.
         (c)  Each disaster district committee shall coordinate with
  political subdivisions located in the disaster district to ensure
  that state and federal emergency assets are made available as
  needed to provide the most efficient and effective response
  possible.
         (d)  The public safety director of the Department of Public
  Safety of the State of Texas shall appoint a commanding officer from
  the Texas Highway Patrol to serve as chair of each disaster district
  committee. The chair shall:
               (1)  inform the state Director of Homeland Security on
  all matters relating to disasters and emergencies as requested by
  the state Director of Homeland Security; and
               (2)  inform the public safety director of the
  Department of Public Safety of the State of Texas on all matters as
  requested by the public safety director.
         (e)  Representatives of the emergency management council
  assigned to each district shall assist the chair of their disaster
  district committee and provide guidance, counsel, and
  administrative support as required.
         Sec. 418.114.  PROCEDURES FOR MUTUAL AID. (a)  The
  political subdivisions in each state planning region established by
  the governor under Chapter 391, Local Government Code, shall agree
  on procedures that specify the manner in which mutual aid will be
  provided in response to a request from:
               (1)  a political subdivision in the region;
               (2)  a political subdivision in another region; or
               (3)  this state.
         (b)  A copy of the procedures must be provided to the
  division and the disaster district committee chair.
         Sec. 418.115.  REQUESTING AND PROVIDING MUTUAL AID
  ASSISTANCE. (a)  A request for mutual aid assistance may be
  submitted verbally or in writing. If a request is submitted
  verbally, it must be confirmed in writing not later than the 30th
  day after the date the request was made.
         (b)  If a request for mutual aid assistance is made to a
  department or agency of a political subdivision, the chief or
  highest ranking officer of the department or agency, with the
  approval and consent of the presiding officer of the governing body
  of the political subdivision or that officer's designee, may
  provide the requested assistance in accordance with the policies,
  ordinances, and procedures established by the governing body of the
  political subdivision.
         Sec. 418.1151.  ASSESSMENT OF ABILITY TO RENDER ASSISTANCE.
  (a)  When contacted with a request for mutual aid assistance, a
  local government entity shall assess local resources to determine
  availability of personnel, equipment, and other assistance to
  respond to the request.
         (b)  A responding local government entity may provide
  assistance to the extent personnel, equipment, and resources are
  determined to be available. A local government entity is not
  required to provide mutual aid assistance unless the entity
  determines that the entity has sufficient resources to provide
  assistance, based on current or anticipated events in its
  jurisdiction.
         Sec. 418.1152.  SUPERVISION AND CONTROL. When providing
  mutual aid assistance under the system:
               (1)  the response effort must be organized and function
  in accordance with the National Incident Management System
  guidelines;
               (2)  the personnel, equipment, and resources of a
  responding local government entity being used in the response
  effort are under the operational control of the requesting local
  government entity unless otherwise agreed;
               (3)  direct supervision and control of personnel,
  equipment, and resources and personnel accountability remain the
  responsibility of the designated supervisory personnel of the
  responding local government entity;
               (4)  unless otherwise agreed in advance, an emergency
  medical service organization providing assistance under the system
  shall use the medical protocols authorized by the organization's
  medical director;
               (5)  the designated supervisory personnel of the
  responding local government entity shall:
                     (A)  maintain daily personnel time records,
  material records, and a log of equipment hours;
                     (B)  be responsible for the operation and
  maintenance of the equipment and other resources furnished by the
  responding local government entity; and
                     (C)  report work progress to the requesting local
  government entity; and
               (6)  the responding local government entity's personnel
  and other resources are subject to recall at any time, subject to
  reasonable notice to the requesting local government entity.
         Sec. 418.1153.  DURATION OF AID. The provision of mutual aid
  assistance under the system may continue until:
               (1)  the services of the responding local government
  entity are no longer required; or
               (2)  the responding local government entity determines
  that further assistance should not be provided.
         Sec. 418.116.  RIGHTS AND PRIVILEGES. (a)  A person
  assigned, designated, or ordered to perform duties by the governing
  body of the local government entity employing the person in
  response to a request under the system is entitled to receive the
  same wages, salary, pension, and other compensation and benefits,
  including injury or death benefits, disability payments, and
  workers' compensation benefits, for the performance of the duties
  under the system as though the services were rendered for the entity
  employing the person.
         (b)  The local government entity employing the person is
  responsible for the payment of wages, salary, pension, and other
  compensation and benefits associated with the performance of duties
  under the system.
         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 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 local government entity.
         Sec. 418.118.  REIMBURSEMENT OF COSTS: STATE REQUEST OR
  FEDERAL DISASTER DECLARATION. (a)  The division shall administer
  all requests for reimbursement for costs associated with providing
  mutual aid assistance in response to a request made by the division
  for an incident resulting in the issuance of a disaster declaration
  by the president of the United States. A request for reimbursement
  made to the division must be made in accordance with procedures
  developed by the division.
         (b)  The division may directly request the provision of
  mutual aid assistance from any local government entity
  participating in the system. If the division requests the
  provision of assistance and the local government entity responds,
  the state shall reimburse the actual costs of providing assistance,
  including costs for personnel, operation and maintenance of
  equipment, damaged equipment, food, lodging, and transportation,
  incurred by the responding local government entity. The state
  shall pay reimbursements from available state money. If funds are
  made available from the disaster contingency fund, the division
  shall make reimbursement from the disaster contingency fund for
  eligible expenses to the extent that available state money is
  inadequate.
         (c)  If federal money is available to pay costs associated
  with the provision of mutual aid assistance in response to a request
  made by the division, the division shall make the claim for the
  eligible costs of the responding local government entity on the
  division's grant application and shall disburse the federal share
  of the money to the responding local government entity, with
  sufficient state funds to cover the actual costs incurred by the
  responding local government entity in providing the assistance.
         Sec. 418.1181.  REIMBURSEMENT OF COSTS: REQUEST BY LOCAL
  GOVERNMENT ENTITY. (a)  If a local government entity requests
  mutual aid assistance from another local government entity under
  the system, the requesting local government entity shall reimburse
  the actual costs of providing mutual aid assistance to the
  responding local government entity, including costs for personnel,
  operation and maintenance of equipment, damaged equipment, food,
  lodging, and transportation, incurred by the responding local
  government entity in response to a request for reimbursement.
  Local government entities with a mutual aid agreement when the
  request for mutual aid assistance is made are subject to the
  agreement's terms of reimbursement, as provided by Section 418.111.
         (b)  The requesting local government entity shall pay the
  reimbursement from available funds. If federal money is available
  to pay costs associated with the provision of mutual aid
  assistance, the requesting local government entity shall make the
  claim for the eligible costs of the responding local government
  entity on the requesting entity's subgrant application and shall
  disburse the federal share of the money to the responding local
  government entity, with sufficient local funds to cover the actual
  costs of the responding local government entity in providing
  assistance.
         SECTION 1.08.  Section 418.004(9) and Sections 418.109(a),
  (b), and (c), Government Code, are repealed.
         SECTION 1.09.  This Act 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 Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1471 was passed by the House on April
  19, 2007, by the following vote:  Yeas 142, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1471 on May 22, 2007, by the following vote:  Yeas 136, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1471 was passed by the Senate, with
  amendments, on May 17, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor