H.B. No. 1831
 
 
 
 
AN ACT
  relating to disaster preparedness and emergency management and to
  certain vehicles used in emergencies; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  GENERAL PROVISIONS
         SECTION 1.01.  Section 418.004(1), Government Code, is
  amended to read as follows:
               (1)  "Disaster" means the occurrence or imminent threat
  of widespread or severe damage, injury, or loss of life or property
  resulting from any natural or man-made cause, including fire,
  flood, earthquake, wind, storm, wave action, oil spill or other
  water contamination, volcanic activity, epidemic, air
  contamination, blight, drought, infestation, explosion, riot,
  hostile military or paramilitary action, extreme heat, other public
  calamity requiring emergency action, or energy emergency.
         SECTION 1.02.  Sections 418.005(a) and (b), Government Code,
  are amended to read as follows:
         (a)  This section applies only to an elected law enforcement
  officer or county judge, or an appointed public officer of the state
  or of a political subdivision, who has management or supervisory
  responsibilities and:
               (1)  whose position description, job duties, or
  assignment includes emergency management responsibilities; or
               (2)  who plays a role in emergency preparedness,
  response, or recovery.
         (b)  Each person described by Subsection (a) shall complete a
  course of training provided or approved by the division of not less
  than three hours regarding the responsibilities of state and local
  governments under this chapter not later than the 180th day after
  the date the person:
               (1)  takes the oath of office, if the person is required
  to take an oath of office to assume the person's duties as a [an
  appointed] public officer; or
               (2)  otherwise assumes responsibilities as a [an
  appointed] public officer, if the person is not required to take an
  oath of office to assume the person's duties.
         SECTION 1.03.  Section 418.013, Government Code, is amended
  by amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  The emergency management council is composed of
  representatives [the heads] of state agencies, boards, [and]
  commissions, and [representatives of] organized volunteer groups
  designated by the head of each entity.
         (d)  The emergency management council shall assist the
  division in identifying, mobilizing, and deploying state resources
  to respond to major emergencies and disasters throughout the state.
         SECTION 1.03a.  Section 418.016, Government Code, is amended
  to read as follows:
         Sec. 418.016.  SUSPENSION OF PROCEDURAL LAWS AND RULES. (a)  
  The governor may suspend the provisions of any regulatory statute
  prescribing the procedures for conduct of state business or the
  orders or rules of a state agency if strict compliance with the
  provisions, orders, or rules would in any way prevent, hinder, or
  delay necessary action in coping with a disaster.
         (b)  Upon declaration of a state of disaster, enforcement of
  the regulation of on-premise outdoor signs under Subchapter A,
  Chapter 216, Local Government Code, by a municipality that is
  located in a county within, or that is located in a county adjacent
  to a county within, the disaster area specified by the declaration
  is suspended to allow licensed or admitted insurance carriers or
  licensed agents acting on behalf of insurance carriers to erect
  temporary claims service signage for not more than 30 days or until
  the end of the declaration of disaster, whichever is earlier.
         (c)  A temporary claims service sign shall not:
               (1)  be larger than forty square feet in size; and
               (2)  be more than five feet in height; and
               (3)  be placed in the right of way.
               (4)  At the end of the 30 days or the end of the
  declaration of disaster, whichever is earlier, the insurance
  carrier or its licensed agents must remove the temporary claims
  service signage that was erected.
         SECTION 1.04.  Section 418.042(a), Government Code, is
  amended to read as follows:
         (a)  The division shall prepare and keep current a
  comprehensive state emergency management plan.  The plan may
  include:
               (1)  provisions for prevention and minimization of
  injury and damage caused by disaster;
               (2)  provisions for prompt and effective response to
  disaster;
               (3)  provisions for emergency relief;
               (4)  provisions for energy emergencies;
               (5)  identification of areas particularly vulnerable
  to disasters;
               (6)  recommendations for zoning, building
  restrictions, and other land-use controls, safety measures for
  securing mobile homes or other nonpermanent or semipermanent
  structures, and other preventive and preparedness measures
  designed to eliminate or reduce disasters or their impact;
               (7)  provisions for assistance to local officials in
  designing local emergency management plans;
               (8)  authorization and procedures for the erection or
  other construction of temporary works designed to protect against
  or mitigate danger, damage, or loss from flood, fire, or other
  disaster;
               (9)  preparation and distribution to the appropriate
  state and local officials of state catalogs of federal, state, and
  private assistance programs;
               (10)  organization of manpower and channels of
  assistance;
               (11)  coordination of federal, state, and local
  emergency management activities;
               (12)  coordination of the state emergency management
  plan with the emergency management plans of the federal government;
               (13)  coordination of federal and state energy
  emergency plans;
               (14)  provisions for providing information to 
  [education and training of] local officials on activation of the
  Emergency Alert System established under 47 C.F.R. Part 11; [and]
               (15)  a database of public facilities that may be used
  under Section 418.017 to shelter individuals during a disaster,
  including air-conditioned facilities for shelter during an extreme
  heat disaster and fortified structures for shelter during a wind
  disaster; and
               (16)  other necessary matters relating to disasters.
         SECTION 1.05.  Subchapter C, Chapter 418, Government Code,
  is amended by adding Section 418.0425 to read as follows:
         Sec. 418.0425.  STATE EMERGENCY MANAGEMENT PLAN ANNEX.  (a)  
  In this section, "critical water or wastewater facility" means a
  facility with:
               (1)  water supply, treatment, or distribution
  equipment that is essential to maintain the minimum water pressure
  requirements established by the governing body of a municipality or
  the Texas Commission on Environmental Quality; or
               (2)  wastewater collection or treatment equipment that
  is essential to prevent the discharge of untreated wastewater to
  water in the state.
         (b)  The division, in cooperation with the emergency
  management council, local governments, regional entities, health
  and medical facilities, volunteer groups, private sector partners,
  the Federal Emergency Management Agency, and other federal
  agencies, shall develop an annex to the state emergency management
  plan that addresses initial response planning for providing
  essential population support supplies, equipment, and services
  during the first five days immediately following a disaster. The
  annex must include:
               (1)  plans to make fuel available to, maintain
  continuing operations of, and assess the backup power available
  for, all:
                     (A)  hospitals;
                     (B)  prisons;
                     (C)  assisted living facilities licensed under
  Chapter 247, Health and Safety Code;
                     (D)  institutions licensed under Chapter 242,
  Health and Safety Code; and
                     (E)  other critical facilities determined by the
  division;
               (2)  provisions for interagency coordination of
  disaster response efforts;
               (3)  provisions for the rapid gross assessment of
  population support needs;
               (4)  plans for the clearance of debris from major
  roadways to facilitate emergency response operations and delivery
  of essential population support supplies and equipment;
               (5)  methods to obtain food, water, and ice for
  disaster victims through prearranged contracts or suppliers,
  stockpiled supplies, or plans to request assistance from federal
  agencies, as appropriate;
               (6)  guidelines for arranging temporary points of
  distribution for disaster relief supplies and standardized
  procedures for operating those distribution points;
               (7)  methods for providing basic medical support for
  disaster victims, including medical supplies and pharmaceuticals;
               (8)  provisions, developed in coordination with fuel
  suppliers and retailers, for the continued operation of service
  stations to provide fuel to disaster victims and emergency
  responders; and
               (9)  provisions for the dissemination of emergency
  information through the media to aid disaster victims.
         (c)  The division, in coordination with the Texas Commission
  on Environmental Quality and electric, gas, water, and wastewater
  utility providers, shall develop for inclusion in the annex to the
  state emergency management plan provisions to provide emergency or
  backup power to restore or continue the operation of critical water
  or wastewater facilities following a disaster. The provisions must:
               (1)  establish an online resource database of available
  emergency generators configured for transport that are capable of
  providing backup power for critical water or wastewater facilities
  following a disaster;
               (2)  include procedures for the maintenance,
  activation, transportation, and redeployment of available
  emergency generators;
               (3)  develop a standardized form for use by a water or
  wastewater utility provider in developing and maintaining data on
  the number and type of emergency generators required for the
  operation of the provider's critical water or wastewater facilities
  following a disaster; and
               (4)  include procedures for water or wastewater utility
  providers to maintain a current list of generators available in
  surrounding areas through mutual aid agreements, recognized and
  coordinated statewide mutual aid programs, and through commercial
  firms offering generators for rent or lease.
         SECTION 1.06.  Section 418.043, Government Code, is amended
  to read as follows:
         Sec. 418.043.  OTHER POWERS AND DUTIES.  The division shall:
               (1)  determine requirements of the state and its
  political subdivisions for food, clothing, and other necessities in
  event of a disaster;
               (2)  procure and position supplies, medicines,
  materials, and equipment;
               (3)  adopt standards and requirements for local and
  interjurisdictional emergency management plans;
               (4)  periodically review local and interjurisdictional
  emergency management plans;
               (5)  coordinate deployment of mobile support units;
               (6)  establish and operate training programs and
  programs of public information or assist political subdivisions and
  emergency management agencies to establish and operate the
  programs;
               (7)  make surveys of public and private industries,
  resources, and facilities in the state that are necessary to carry
  out the purposes of this chapter;
               (8)  plan and make arrangements for the availability
  and use of any private facilities, services, and property and
  provide for payment for use under terms and conditions agreed on if
  the facilities are used and payment is necessary;
               (9)  establish a register of persons with types of
  training and skills important in disaster mitigation,
  preparedness, response, and recovery;
               (10)  establish a register of mobile and construction
  equipment and temporary housing available for use in a disaster;
               (11)  assist political subdivisions in developing
  plans for the humane evacuation, transport, and temporary
  sheltering of service animals and household pets in a disaster;
               (12)  prepare, for issuance by the governor, executive
  orders and regulations necessary or appropriate in coping with
  disasters;
               (13)  cooperate with the federal government and any
  public or private agency or entity in achieving any purpose of this
  chapter and in implementing programs for disaster mitigation,
  preparation, response, and recovery; [and]
               (14)  develop a plan to raise public awareness and
  expand the capability of the information and referral network under
  Section 531.0312;
               (15)  improve the integration of volunteer groups,
  including faith-based organizations, into emergency management
  plans;
               (16)  cooperate with the Federal Emergency Management
  Agency to create uniform guidelines for acceptable home repairs
  following disasters and promote public awareness of the guidelines;
               (17)  cooperate with state agencies to:
                     (A)  encourage the public to participate in
  volunteer emergency response teams and organizations that respond
  to disasters; and
                     (B)  provide information on those programs in
  state disaster preparedness and educational materials and on
  Internet websites;
               (18)  establish a liability awareness program for
  volunteers, including medical professionals; and
               (19)  do other things necessary, incidental, or
  appropriate for the implementation of this chapter.
         SECTION 1.07.  Section 418.045, Government Code, is amended
  to read as follows:
         Sec. 418.045.  TEMPORARY PERSONNEL.  (a)  The division may
  employ or contract with temporary personnel from funds appropriated
  to the division, from federal funds, or from the disaster
  contingency fund. The merit system does not apply to the temporary
  or contract positions.
         (b)  The division may enroll, organize, train, and equip a
  cadre of disaster reservists with specialized skills in disaster
  recovery, hazard mitigation, community outreach, and public
  information to temporarily augment its permanent staff.  The
  division may activate enrolled disaster reservists to support
  recovery operations in the aftermath of a disaster or major
  emergency and pay them at a daily rate commensurate with their
  qualifications and experience.  Chapter 654, Chapter 2254, and
  Subtitle D, Title 10, do not apply in relation to a disaster
  reservist under this subsection.
         SECTION 1.08.  Section 418.048, Government Code, is amended
  to read as follows:
         Sec. 418.048.  MONITORING WEATHER[; SUSPENSION OF WEATHER
  MODIFICATION]. [(a)]  The division shall keep continuously
  apprised of weather conditions that present danger of climatic
  activity, such as precipitation, severe enough to constitute a
  disaster.
         [(b)     If the division determines that precipitation that may
  result from weather modification operations, either by itself or in
  conjunction with other precipitation or climatic conditions or
  activity, would create or contribute to the severity of a disaster,
  it shall request in the name of the governor that the officer or
  agency empowered to issue permits for weather modification
  operations suspend the issuance of permits. On the governor's
  request, no permits may be issued until the division informs the
  officer or agency that the danger has passed.]
         SECTION 1.09.  Subchapter C, Chapter 418, Government Code,
  is amended by adding Section 418.050 to read as follows:
         Sec. 418.050.  PHASED REENTRY PLAN.  (a)  The division shall
  develop a phased reentry plan to govern the order in which
  particular groups of people are allowed to reenter areas previously
  evacuated because of a disaster or threat of disaster.  The plan may
  provide different reentry procedures for different types of
  disasters.
         (b)  The phased reentry plan shall:
               (1)  recognize the role of local emergency management
  directors in making decisions regarding the timing and
  implementation of reentry plans for a disaster; and
               (2)  provide local emergency management directors with
  sufficient flexibility to adjust the plan as necessary to
  accommodate the circumstances of a particular emergency.
         (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 of Public Safety of the State of Texas shall provide
  support for the credentialing process.
         SECTION 1.10.  Subchapter C, Chapter 418, Government Code,
  is amended by adding Section 418.051 to read as follows:
         Sec. 418.051.  COMMUNICATIONS COORDINATION GROUP.  (a)  The
  communications coordination group shall facilitate interagency
  coordination and collaboration to provide efficient and effective
  planning and execution of communications support to joint,
  interagency, and intergovernmental task forces.
         (b)  At the direction of the division, the communications
  coordination group shall assist with coordination and
  collaboration during an emergency.
         (c)  The communications coordination group consists of
  members selected by the division, including representatives of:
               (1)  the Texas military forces;
               (2)  the Department of Public Safety of the State of
  Texas;
               (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 Forest Service;
               (12)  the Texas Department of Transportation;
               (13)  the General Land Office;
               (14)  the Texas Engineering Extension Service of The
  Texas A&M University System;
               (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 1.11.  Section 418.1015, Government Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  A person, other than an emergency management director
  exercising under Subsection (b) a power granted to the governor,
  may not seize state or federal resources without prior
  authorization from the division or the state or federal agency
  having responsibility for those resources.
         SECTION 1.12.  Section 418.107(b), Government Code, is
  amended to read as follows:
         (b)  Political subdivisions may make agreements for the
  purpose of organizing emergency management service divisions and
  provide for a mutual method of financing the organization of units
  on a basis satisfactory to the subdivisions. [The functioning of
  the units shall be coordinated by the emergency management
  council.]
         SECTION 1.13.  Section 418.108(d), Government Code, is
  amended to read as follows:
         (d)  A declaration of local disaster activates the
  appropriate recovery and rehabilitation aspects of all applicable
  local or interjurisdictional emergency management plans and
  authorizes the furnishing of aid and assistance under the
  declaration.  The appropriate preparedness and response aspects of
  the plans are activated as provided in the plans and take effect
  immediately after the local state of disaster is declared.
         SECTION 1.14.  Section 418.117, Government Code, is amended
  to read as follows:
         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 state agency or 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 state agency or local
  government entity.
         SECTION 1.15.  Section 418.172(b), Government Code, is
  amended to read as follows:
         (b)  If sufficient funds are not available for the required
  insurance, an agency may request funding from [petition] the
  disaster contingency fund [emergency funding board] to purchase the
  insurance [on the agency's behalf. The board may spend money from
  that fund for that purpose].
         SECTION 1.16.  Subchapter H, Chapter 418, Government Code,
  is amended by adding Sections 418.185, 418.186, 418.188, 418.1881,
  418.1882, 418.190, and 418.191 to read as follows:
         Sec. 418.185.  MANDATORY EVACUATION.  (a)  This section does
  not apply to a person who is authorized to be in an evacuated area,
  including a person who returns to the area under a phased reentry
  plan or credentialing process under Section 418.050.
         (b)  A county judge or mayor of a municipality who orders the
  evacuation of an area stricken or threatened by a disaster by order
  may compel persons who remain in the evacuated area to leave and
  authorize the use of reasonable force to remove persons from the
  area.
         (c)  The governor and a county judge or mayor of a
  municipality who orders the evacuation of an area stricken or
  threatened by a disaster by a concurrent order may compel persons
  who remain in the evacuated area to leave.
         (d)  A person is civilly liable to a governmental entity, or
  a nonprofit agency cooperating with a governmental entity, that
  conducts a rescue on the person's behalf for the cost of the rescue
  effort if:
               (1)  the person knowingly ignored a mandatory
  evacuation order under this section and:
                     (A)  engaged in an activity or course of action
  that a reasonable person would not have engaged in; or
                     (B)  failed to take a course of action a
  reasonable person would have taken;
               (2)  the person's actions under Subdivision (1) placed
  the person or another person in danger; and
               (3)  a governmental rescue effort was undertaken on the
  person's behalf.
         (e)  An officer or employee of the state or a political
  subdivision who issues or is working to carry out a mandatory
  evacuation order under this section is immune from civil liability
  for any act or omission within the course and scope of the person's
  authority under the order.
         Sec. 418.186.  DISASTER AND EMERGENCY EDUCATION.  (a)  The
  Department of State Health Services shall establish a program
  designed to educate the citizens of this state on disaster and
  emergency preparedness, response, and recovery. Before
  establishing the program, the department must collaborate with
  local authorities to prevent state efforts that are duplicative of
  local efforts. The program must address:
               (1)  types of disasters or other emergencies;
               (2)  the appropriate response to each type of disaster
  or emergency, including options for evacuation and shelter;
               (3)  how to prepare for each type of disaster or
  emergency;
               (4)  the impact of each type of disaster or emergency on
  citizens requiring medical assistance or other care;
               (5)  ways to respond in a disaster or emergency or to
  assist the victims of a disaster or emergency; and
               (6)  resources and supplies for disaster or emergency
  recovery.
         (b)  The executive commissioner of the Health and Human
  Services Commission, in cooperation with the governor, shall adopt
  rules to create and administer a disaster and emergency education
  program established under this section.
         Sec. 418.188.  POSTDISASTER EVALUATION.  Not later than the
  90th day after the date a request is received from the division, a
  state agency, political subdivision, or interjurisdictional agency
  shall conduct an evaluation of the entity's response to a disaster,
  identify areas for improvement, and issue a report of the
  evaluation to the division.
         Sec. 418.1881.  SHELTER OPERATIONS.  The Department of State
  Health Services shall develop, with the direction, oversight, and
  approval of the division, an annex to the state emergency
  management plan that includes provisions for:
               (1)  developing medical special needs categories;
               (2)  categorizing the requirements of individuals with
  medical special needs; and
               (3)  establishing minimum health-related standards for
  short-term and long-term shelter operations for shelters operated
  with state funds or receiving state assistance.
         Sec. 418.1882.  PERSONNEL SURGE CAPACITY PLANNING.  
  (a)  With the direction, oversight, and approval of the division
  and the assistance of the Department of State Health Services,
  health care facilities, county officials, trauma service area
  regional advisory councils, and other appropriate entities, each
  council of government, regional planning commission, or similar
  regional planning agency created under Chapter 391, Local
  Government Code, shall develop a regional plan for personnel surge
  capacity during disasters, including plans for providing lodging
  and meals for disaster relief workers and volunteers.
         (b)  Entities developing regional plans for personnel surge
  capacity with regard to lodging shall consult with representatives
  of emergency responders, infrastructure and utility repair
  personnel, and other representatives of agencies, entities, or
  businesses determined by the division to be essential to the
  planning process.
         Sec. 418.190.  AGRICULTURE EMERGENCY RESPONSE PLAN.  (a)  In
  coordination with the division, the Department of Agriculture and
  the Texas Animal Health Commission shall prepare and keep current
  an agriculture emergency response plan as an annex to the state
  emergency management plan.  The plan must include provisions for:
               (1)  identifying and assessing necessary training,
  resource, and support requirements;
               (2)  providing information on recovery, relief, and
  assistance requirements following all types of disasters,
  including information on biological and radiological response; and
               (3)  all other information the Department of
  Agriculture and the Texas Animal Health Commission determine to be
  relevant to prepare for an all-hazards approach to agricultural
  disaster management.
         (b)  The Department of Agriculture and the Texas Animal
  Health Commission shall include the plan developed under Subsection
  (a) in an annual report to the legislature and the office of the
  governor.
         Sec. 418.191.  MEDICAL SPECIAL NEEDS VOLUNTEERS.  (a)  An
  entity responsible for the care of individuals with medical special
  needs shall develop and distribute information on volunteering in
  connection with a disaster.
         (b)  The division shall provide information to interested
  parties and the public regarding how volunteers can be identified
  and trained to help all groups of people, including those with
  medical special needs and those who are residents of assisted
  living facilities.
         SECTION 1.17.  Subchapter B, Chapter 242, Health and Safety
  Code, is amended by adding Section 242.0395 to read as follows:
         Sec. 242.0395.  REGISTRATION WITH TEXAS INFORMATION AND
  REFERRAL NETWORK. (a)  An institution licensed under this chapter
  shall register with the Texas Information and Referral Network
  under Section 531.0312, Government Code, to assist the state in
  identifying persons needing assistance if an area is evacuated
  because of a disaster or other emergency.
         (b)  The institution is not required to identify individual
  residents who may require assistance in an evacuation or to
  register individual residents with the Texas Information and
  Referral Network for evacuation assistance.
         (c)  The institution shall notify each resident and the
  resident's next of kin or guardian regarding how to register for
  evacuation assistance with the Texas Information and Referral
  Network.
         SECTION 1.18.  Subchapter B, Chapter 247, Health and Safety
  Code, is amended by adding Section 247.0275 to read as follows:
         Sec. 247.0275.  REGISTRATION WITH TEXAS INFORMATION AND
  REFERRAL NETWORK. (a)  An assisted living facility licensed under
  this chapter shall register with the Texas Information and Referral
  Network under Section 531.0312, Government Code, to assist the
  state in identifying persons needing assistance if an area is
  evacuated because of a disaster or other emergency.
         (b)  The assisted living facility is not required to identify
  individual residents who may require assistance in an evacuation or
  to register individual residents with the Texas Information and
  Referral Network for evacuation assistance.
         (c)  The assisted living facility shall notify each resident
  and the resident's next of kin or guardian regarding how to register
  for evacuation assistance with the Texas Information and Referral
  Network.
         SECTION 1.19.  Subchapter B, Chapter 207, Labor Code, is
  amended by adding Section 207.0212 to read as follows:
         Sec. 207.0212.  ELIGIBILITY OF CERTAIN PERSONS UNEMPLOYED
  BECAUSE OF DISASTER. (a) In this section, "disaster unemployment
  assistance benefits" means benefits authorized under Section 410,
  Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
  U.S.C. Section 5177), and rules adopted under that section.
         (b)  Notwithstanding Section 207.021, the governor, by
  executive order, may suspend the waiting period requirement imposed
  under Section 207.021(a)(7) to authorize an individual to receive
  benefits for that waiting period if the individual:
               (1)  is unemployed as a direct result of a natural
  disaster that results in a disaster declaration by the president of
  the United States under the Robert T. Stafford Disaster Relief and
  Emergency Assistance Act (42 U.S.C. Section 5121 et seq.);
               (2)  is otherwise eligible for unemployment
  compensation benefits under this subtitle; and
               (3)  is not receiving disaster unemployment assistance
  benefits for the period included in that waiting period.
         SECTION 1.20.  Sections 541.201(1) and (13-a),
  Transportation Code, are amended to read as follows:
               (1)  "Authorized emergency vehicle" means:
                     (A)  a fire department or police vehicle;
                     (B)  a public or private ambulance operated by a
  person who has been issued a license by the Texas Department of
  Health;
                     (C)  a municipal department or public service
  corporation emergency vehicle that has been designated or
  authorized by the governing body of a municipality;
                     (D)  a private vehicle of a volunteer firefighter
  or a certified emergency medical services employee or volunteer
  when responding to a fire alarm or medical emergency;
                     (E)  an industrial emergency response vehicle,
  including an industrial ambulance, when responding to an emergency,
  but only if the vehicle is operated in compliance with criteria in
  effect September 1, 1989, and established by the predecessor of the
  Texas Industrial Emergency Services Board of the State Firemen's
  and Fire Marshals' Association of Texas; [or]
                     (F)  a vehicle of a blood bank or tissue bank,
  accredited or approved under the laws of this state or the United
  States, when making emergency deliveries of blood, drugs,
  medicines, or organs; or
                     (G)  a vehicle used for law enforcement purposes
  that is owned or leased by a federal governmental entity.
               (13-a)  "Police vehicle" means a vehicle [of a
  governmental entity primarily] used by a peace officer, as defined
  by Article 2.12, Code of Criminal Procedure, for law enforcement
  purposes that:
                     (A)  is owned or leased by a governmental entity;
                     (B)  is owned or leased by the police department
  of a private institution of higher education that commissions peace
  officers under Section 51.212, Education Code; or
                     (C)  is:
                           (i)  a private vehicle owned or leased by the
  peace officer; and
                           (ii)  approved for use for law enforcement
  purposes by the head of the law enforcement agency that employs the
  peace officer, or by that person's designee, provided that use of
  the private vehicle must, if applicable, comply with any rule
  adopted by the commissioners court of a county under Section
  170.001, Local Government Code, and that the private vehicle may
  not be considered an authorized emergency vehicle for exemption
  purposes under Section 228.054, 284.070, 366.178, or 370.177,
  Transportation Code, unless the vehicle is marked.
         SECTION 1.21.  Section 545.421(b), Transportation Code, is
  amended to read as follows:
         (b)  A signal under this section that is given by a police
  officer pursuing a vehicle may be by hand, voice, emergency light,
  or siren. The officer giving the signal must be in uniform and
  prominently display the officer's badge of office. The officer's
  vehicle must bear the insignia of a law enforcement agency,
  regardless of whether the vehicle displays an emergency light [be
  appropriately marked as an official police vehicle].
         SECTION 1.22.  Section 418.072, Government Code, is
  repealed.
         SECTION 1.23.  On the effective date of this Act, the
  disaster emergency funding board is abolished.
         SECTION 1.24.  The changes in law made by this Act by the
  amendment of Section 418.005, Government Code, apply only to a law
  enforcement officer or county judge elected or public officer
  appointed on or after the effective date of this Act.  A law
  enforcement officer or county judge elected or public officer
  appointed before the effective date of this Act is governed by the
  law in effect immediately before that date, and the former law is
  continued in effect for that purpose.
         SECTION 1.25.  The change in law made by Section 207.0212,
  Labor Code, as added by this Act, applies only to a claim for
  unemployment compensation benefits that is filed with the Texas
  Workforce Commission on or after the effective date of this Act. A
  claim filed before that date is governed by the law in effect on the
  date the claim was filed, and the former law is continued in effect
  for that purpose.
         SECTION 1.26.  (a)  Not later than the 30th day after the
  effective date of this section, the division of emergency
  management shall issue a report to the legislature regarding the
  implementation of medical special needs plans in connection with
  Hurricane Ike, including identification, evacuation,
  transportation, shelter, care, and reentry during the period ending
  on the 30th day after the conclusion of the disaster.  The
  Department of State Health Services shall cooperate in the
  preparation of the report.
         (b)  Subsection (a) of this section 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, Subsection (a) of this section takes effect
  September 1, 2009.
  ARTICLE 2.  EMERGENCY ELECTRICAL POWER
         SECTION 2.01.  Subtitle G, Title 10, Government Code, is
  amended by adding Chapter 2311 to read as follows:
  CHAPTER 2311.  ENERGY SECURITY TECHNOLOGIES FOR CRITICAL
  GOVERNMENTAL FACILITIES
         Sec. 2311.001.  DEFINITIONS. In this chapter:
               (1)  "Combined heating and power system" means a system
  that:
                     (A)  is located on the site of a facility;
                     (B)  is the primary source of both electricity and
  thermal energy for the facility;
                     (C)  can provide all of the electricity needed to
  power the facility's critical emergency operations for at least 14
  days; and
                     (D)  has an overall efficiency of energy use that
  exceeds 60 percent.
               (2)  "Critical governmental facility" means a building
  owned by the state or a political subdivision of the state that is
  expected to:
                     (A)  be continuously occupied;
                     (B)  maintain operations for at least 6,000 hours
  each year;
                     (C)  have a peak electricity demand exceeding 500
  kilowatts; and
                     (D)  serve a critical public health or public
  safety function during a natural disaster or other emergency
  situation that may result in a widespread power outage, including
  a:
                           (i)  command and control center;
                           (ii)  shelter;
                           (iii)  prison or jail;
                           (iv)  police or fire station;
                           (v)  communications or data center;
                           (vi)  water or wastewater facility;
                           (vii)  hazardous waste storage facility;
                           (viii)  biological research facility;
                           (ix)  hospital; or
                           (x)  food preparation or food storage
  facility.
         Sec. 2311.002.  COMBINED HEATING AND POWER SYSTEMS. When
  constructing or extensively renovating a critical governmental
  facility or replacing major heating, ventilation, and
  air-conditioning equipment for a critical governmental facility,
  the entity with charge and control of the facility shall evaluate
  whether equipping the facility with a combined heating and power
  system would result in expected energy savings that would exceed
  the expected costs of purchasing, operating, and maintaining the
  system over a 20-year period. Notwithstanding Chapter 2302, the
  entity may equip the facility with a combined heating and power
  system if the expected energy savings exceed the expected costs.
         SECTION 2.02.  Subchapter D, Chapter 38, Utilities Code, is
  amended by adding Section 38.073 to read as follows:
         Sec. 38.073.  AUTHORITY OF COMMISSION DURING AN EMERGENCY.  
  (a)  On a declaration of a natural disaster or other emergency by
  the governor, the commission may require an electric utility,
  municipally owned utility, electric cooperative, qualifying
  facility, power generation company, exempt wholesale generator, or
  power marketer to sell electricity to an electric utility,
  municipally owned utility, or electric cooperative that is unable
  to supply power to meet customer demand due to the natural disaster
  or other emergency.  Any plant, property, equipment, or other items
  used to receive or deliver electricity under this subsection are
  used and useful in delivering service to the public, and the
  commission shall allow timely recovery for the costs of those
  items.  The commission may order an electric utility, municipally
  owned utility, or electric cooperative to provide interconnection
  service to another electric utility, municipally owned utility, or
  electric cooperative to facilitate a sale of electricity under this
  section.  If the commission does not order the sale of electricity
  during a declared emergency as described by this subsection, the
  commission shall promptly submit to the legislature a report
  describing the reasons why the commission did not make that order.
         (b)  If an entity receives electricity under Subsection (a),
  the receiving entity shall reimburse the supplying entity for the
  actual cost of providing the electricity.  The entity receiving the
  electricity is responsible for any transmission and distribution
  service charges specifically incurred in relation to providing the
  electricity.
         (c)  An entity that pays for electricity received under
  Subsection (b) and that is regulated by the commission may fully
  recover the cost of the electricity in a timely manner by:
               (1)  including the cost in the entity's fuel cost under
  Section 36.203; or
               (2)  notwithstanding Section 36.201, imposing a
  different surcharge.
         SECTION 2.03.  Chapter 38, Utilities Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E.  INFRASTRUCTURE IMPROVEMENT AND MAINTENANCE REPORT
         Sec. 38.101.  REPORT ON INFRASTRUCTURE IMPROVEMENT AND
  MAINTENANCE.  (a)  Not later than May 1 of each year, each electric
  utility shall submit to the commission a report describing the
  utility's activities related to:
               (1)  identifying areas that are susceptible to damage
  during severe weather and hardening transmission and distribution
  facilities in those areas;
               (2)  vegetation management; and
               (3)  inspecting distribution poles.
         (b)  Each electric utility shall include in a report required
  under Subsection (a) a summary of the utility's activities related
  to preparing for emergency operations.
         SECTION 2.04.  (a)  Not later than June 1, 2010, the Public
  Utility Commission of Texas shall conduct and complete a study to
  evaluate:
               (1)  the locations in this state that are most likely to
  experience a natural disaster or other emergency;
               (2)  the ability of each entity described by Subsection
  (a), Section 38.073, Utilities Code, as added by this Act, to comply
  with that section in the event of a natural disaster or other
  emergency;
               (3)  any steps an entity described by Subsection (a),
  Section 38.073, Utilities Code, as added by this Act, should take to
  prepare to comply with that section; and
               (4)  the potential for distributed generation,
  including renewable power with battery backup and combined heat and
  power systems, to strengthen reliability of electric service during
  a natural disaster or other emergency.
         (b)  An entity described by Subsection (a), Section 38.073,
  Utilities Code, as added by this Act, shall comply with any order
  issued by the Public Utility Commission of Texas under that
  subsection while the study required by Subsection (a) of this
  section is conducted.
         (c)  The Public Utility Commission of Texas shall prepare a
  report based on the study conducted under Subsection (a) of this
  section.  The report must include any recommendations the
  commission considers advisable in relation to the implementation of
  and compliance with Section 38.073, Utilities Code, as added by
  this Act.  The commission may include the report in the report
  required by Section 31.003, Utilities Code.
         SECTION 2.05.  The Public Utility Commission of Texas shall
  adopt rules consistent with Subchapter E, Chapter 38, Utilities
  Code, as added by this Act, not later than January 1, 2010.
  ARTICLE 3.  HEALTH AND SAFETY PROVISIONS
         SECTION 3.01.  Subtitle F, Title 2, Health and Safety Code,
  is amended by adding Chapter 123 to read as follows:
  CHAPTER 123.  PUBLIC HEALTH EXTENSION SERVICE PILOT PROGRAM
         Sec. 123.001.  DEFINITIONS.  In this chapter:
               (1)  "Department" means the Department of State Health
  Services; and
               (2)  "Program" means the public health extension
  service pilot program established under this chapter.
         Sec. 123.002.  PROGRAM ESTABLISHED; PURPOSES.  (a)  The
  department shall establish a public health extension service pilot
  program in Health Service Region 11, a region of the state that may
  be particularly vulnerable to biosecurity threats, disaster, and
  other emergencies.
         (b)  The purpose of the program is to support local public
  health and medical infrastructure, promote disease control and
  medical preparedness, and enhance biosecurity, including detection
  of dangerous biologic agents, availability of pathology services,
  and management of hazardous materials.
         Sec. 123.003.  RULES.  The executive commissioner of the
  Health and Human Services Commission may adopt rules for the
  implementation and administration of the program.
         Sec. 123.004.  PROGRAM ADMINISTRATION.  The department may
  contract with The Texas A&M University System or The University of
  Texas System or both to implement or administer the program.
         Sec. 123.005.  PROGRAM OBJECTIVES.  Through the program, the
  department may implement projects and systems to accomplish the
  purposes of the program described by Section 123.002, and may:
               (1)  provide support for regional disaster medical
  assistance teams and tactical medical operations incident
  management teams;
               (2)  establish a disaster training and exercise
  program;
               (3)  establish and equip caches of necessary medical
  supplies and equipment for use in disasters and other emergencies;
               (4)  establish a regionally based system of emergency
  medical logistics management to support state and federal emergency
  management authorities, including local patient triage sites and
  local emergency medical operations; and
               (5)  establish a regionally based system to provide
  technical assistance for disaster mitigation and recovery.
         Sec. 123.006.  REPORT.  Not later than December 1, 2010, the
  department shall report to the governor, lieutenant governor, and
  speaker of the house of representatives on the program, including
  recommendations for continuing and expanding the program to other
  regions of the state.
         Sec. 123.007.  EXPIRATION.  This chapter expires and the
  program is abolished September 2, 2011.
         SECTION 3.02.  Section 251.012, Health and Safety Code, is
  amended to read as follows:
         Sec. 251.012.  EXEMPTIONS FROM LICENSING REQUIREMENT.  The
  following facilities are not required to be licensed under this
  chapter:
               (1)  a home and community support services agency
  licensed under Chapter 142 with a home dialysis designation;
               (2)  a hospital licensed under Chapter 241 that
  provides dialysis only to:
                     (A)  individuals receiving inpatient services
  from the hospital; or
                     (B)  individuals receiving outpatient services
  due to a disaster declared by the governor or a federal disaster
  declared by the president of the United States occurring in this
  state or another state during the term of the disaster declaration;
  or
               (3)  the office of a physician unless the office is used
  primarily as an end stage renal disease facility.
         SECTION 3.03.  Subtitle B, Title 8, Health and Safety Code,
  is amended by adding Chapter 695 to read as follows:
  CHAPTER 695.  IN-CASKET IDENTIFICATION
         Sec. 695.001.  DEFINITIONS.  In this chapter:
               (1)  "Casket" means a container used to hold the
  remains of a deceased person.
               (2)  "Commission" means the Texas Funeral Service
  Commission.
         Sec. 695.002.  IDENTIFICATION OF DECEASED PERSON.  The
  commission shall ensure a casket contains identification of the
  deceased person, including the person's name, date of birth, and
  date of death.
         Sec. 695.003.  RULES.  The commission may adopt rules to
  enforce this chapter.
         SECTION 3.03a.  Subchapter D, Chapter 771, Health and Safety
  Code, is amended by adding Section 771.0712 to read as follows:
         Sec. 771.0712.  PREPAID 9-1-1 EMERGENCY SERVICE FEE. (a)  To
  ensure that all 9-1-1 agencies under Section 418.051, Government
  Code, are adequately funded, beginning on June 1, 2010, a prepaid
  wireless 9-1-1 emergency services fee of two percent of the
  purchase price of each prepaid wireless telecommunications service
  purchased by any method, shall be collected by the seller from the
  consumer at the time of each retail transaction of prepaid wireless
  telecommunications service occurring in this state and remitted to
  the comptroller consistent with Chapter 151, Tax Code, and
  distributed consistent with the procedures in place for the
  emergency services fee in Section 771.0711, Health and Safety Code.
  A seller may deduct and retain two percent of prepaid wireless 9-1-1
  emergency services fees that it collects under this section to
  offset its costs in administering this fee.
         (b)  The comptroller shall adopt rules to implement this
  section by June 1, 2010.
         SECTION 3.04.  The change in law made by this Act by the
  amendment of Section 251.012, Health and Safety Code, applies only
  to dialysis services provided on or after the effective date of this
  Act. Dialysis services provided before the effective date of this
  Act are covered by the law in effect immediately before that date,
  and the former law is continued in effect for that purpose.
  ARTICLE 4.  PROVISIONS RELATED TO CERTAIN PUBLIC EMPLOYEES
         SECTION 4.01.  Subchapter B, Chapter 659, Government Code,
  is amended by adding Section 659.025 to read as follows:
         Sec. 659.025.  USE OF COMPENSATORY TIME BY CERTAIN EMERGENCY
  SERVICES PERSONNEL; OPTIONAL OVERTIME PAYMENT.  (a)  In this
  section, "emergency services personnel" includes firefighters,
  police officers and other peace officers, emergency medical
  technicians, emergency management personnel, and other individuals
  who are required, in the course and scope of their employment, to
  provide services for the benefit of the general public during
  emergency situations.
         (b)  This section applies only to a state employee who is
  emergency services personnel, who is not subject to the overtime
  provisions of the federal Fair Labor Standards Act of 1938 (29
  U.S.C. Section 201 et seq.), and who is not an employee of the
  legislature, including an employee of the lieutenant governor or of
  a legislative agency.
         (c)  Notwithstanding Section 659.016 or any other law, an
  employee to whom this section applies may be allowed to take
  compensatory time off during the 18-month period following the end
  of the workweek in which the compensatory time was accrued.
         (d)  Notwithstanding Section 659.016 or any other law, the
  administrative head of a state agency that employs an employee to
  whom this section applies may pay the employee overtime at the
  employee's regular hourly salary rate for all or part of the hours
  of compensatory time off accrued by the employee during a declared
  disaster in the preceding 18-month period.  The administrative head
  shall reduce the employee's compensatory time balance by one hour
  for each hour the employee is paid overtime under this section.
         SECTION 4.02.  Subchapter H, Chapter 660, Government Code,
  is amended by adding Section 660.209 to read as follows:
         Sec. 660.209.  STATE EMERGENCY SERVICES PERSONNEL.  (a)  In
  this section, "emergency services personnel" includes
  firefighters, police officers and other peace officers, emergency
  medical technicians, emergency management personnel, and other
  individuals who are required, in the course and scope of their
  employment, to provide services for the benefit of the general
  public during emergency situations.
         (b)  Notwithstanding any other provision of this chapter or
  the General Appropriations Act, a state employee who is emergency
  services personnel and who is deployed to a temporary duty station
  to conduct emergency or disaster response activities is entitled to
  reimbursement for the actual expense of lodging when there is no
  room available at the state rate within reasonable proximity to the
  employee's temporary duty station.
         SECTION 4.03.  Section 161.0001(1-a), Health and Safety
  Code, is amended to read as follows:
               (1-a)  "First responder" means:
                     (A)  any federal, state, local, or private
  personnel who may respond to a disaster, including:
                           (i)  public health and public safety
  personnel;
                           (ii)  commissioned law enforcement
  personnel;
                           (iii)  fire protection personnel, including
  volunteer firefighters;
                           (iv)  emergency medical services personnel,
  including hospital emergency facility staff;
                           (v)  a member of the National Guard;
                           (vi)  a member of the Texas State Guard; or
                           (vii)  any other worker who responds to a
  disaster in the worker's scope of employment; or
                     (B)  any related personnel that provide support
  services during the prevention, response, and recovery phases of a
  disaster [has the meaning assigned by Section 421.095, Government
  Code].
  ARTICLE 5.  JUDICIAL PREPAREDNESS
         SECTION 5.01.  Subchapter A, Chapter 22, Government Code, is
  amended by adding Section 22.0035 to read as follows:
         Sec. 22.0035.  MODIFICATION OR SUSPENSION OF CERTAIN
  PROVISIONS RELATING TO COURT PROCEEDINGS AFFECTED BY DISASTER.  (a)  
  In this section, "disaster" has the meaning assigned by Section
  418.004.
         (b)  Notwithstanding any other statute, the supreme court
  may modify or suspend procedures for the conduct of any court
  proceeding affected by a disaster during the pendency of a disaster
  declared by the governor.  An order under this section may not
  extend for more than 30 days from the date the order was signed
  unless renewed by the supreme court.
         (c)  If a disaster prevents the supreme court from acting
  under Subsection (b), the chief justice of the supreme court may act
  on behalf of the supreme court under that subsection.
         (d)  If a disaster prevents the chief justice from acting
  under Subsection (c), the court of criminal appeals may act on
  behalf of the supreme court under Subsection (b).
         (e)  If a disaster prevents the court of criminal appeals
  from acting under Subsection (d), the presiding judge of the court
  of criminal appeals may act on behalf of the supreme court under
  Subsection (b).
         SECTION 5.02.  Section 74.093(c), Government Code, is
  amended to read as follows:
         (c)  The rules may provide for:
               (1)  the selection and authority of a presiding judge
  of the courts giving preference to a specified class of cases, such
  as civil, criminal, juvenile, or family law cases; [and]
               (2)  a coordinated response for the transaction of
  essential judicial functions in the event of a disaster; and
               (3)  any other matter necessary to carry out this
  chapter or to improve the administration and management of the
  court system and its auxiliary services.
         SECTION 5.03.  Section 418.002, Government Code, is amended
  to read as follows:
         Sec. 418.002.  PURPOSES.  The purposes of this chapter are
  to:
               (1)  reduce vulnerability of people and communities of
  this state to damage, injury, and loss of life and property
  resulting from natural or man-made catastrophes, riots, or hostile
  military or paramilitary action;
               (2)  prepare for prompt and efficient rescue, care, and
  treatment of persons victimized or threatened by disaster;
               (3)  provide a setting conducive to the rapid and
  orderly restoration and rehabilitation of persons and property
  affected by disasters;
               (4)  clarify and strengthen the roles of the governor,
  state agencies, the judicial branch of state government, and local
  governments in prevention of, preparation for, response to, and
  recovery from disasters;
               (5)  authorize and provide for cooperation in disaster
  mitigation, preparedness, response, and recovery;
               (6)  authorize and provide for coordination of
  activities relating to disaster mitigation, preparedness,
  response, and recovery by agencies and officers of this state, and
  similar state-local, interstate, federal-state, and foreign
  activities in which the state and its political subdivisions may
  participate;
               (7)  provide an emergency management system embodying
  all aspects of predisaster preparedness and postdisaster response;
               (8)  assist in mitigation of disasters caused or
  aggravated by inadequate planning for and regulation of public and
  private facilities and land use; and
               (9)  provide the authority and mechanism to respond to
  an energy emergency.
         SECTION 5.04.  This article 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 article takes effect September 1, 2009.
  ARTICLE 6.  EDUCATION PROVISIONS
         SECTION 6.01.  The heading to Section 37.108, Education
  Code, is amended to read as follows:
         Sec. 37.108.  MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY
  AND SECURITY AUDIT.
         SECTION 6.02.  Section 37.108, Education Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsections (c-1)
  and (c-2) to read as follows:
         (a)  Each school district or public junior college district
  shall adopt and implement a multihazard emergency operations plan
  for use in the district's facilities [district schools].  The plan
  must address mitigation, preparedness, response, and recovery as
  defined by the commissioner of education or commissioner of higher
  education in conjunction with the governor's office of homeland
  security.  The plan must provide for:
               (1)  district employee training in responding to an
  emergency;
               (2)  if the plan applies to a school district,
  mandatory school drills and exercises to prepare district students
  and employees for responding to an emergency;
               (3)  measures to ensure coordination with the
  Department of State Health Services and local emergency management
  agencies, law enforcement, health departments, and fire
  departments in the event of an emergency; and
               (4)  the implementation of a safety and security audit
  as required by Subsection (b).
         (b)  At least once every three years, each [a] school
  district or public junior college district shall conduct a safety
  and security audit of the district's facilities.  To the extent
  possible, a district shall follow safety and security audit
  procedures developed by the Texas School Safety Center or a
  comparable public or private entity.
         (c)  A school district or public junior college district
  shall report the results of the safety and security audit conducted
  under Subsection (b) to the district's board of trustees and, in the
  manner required by the Texas School Safety Center, to the Texas
  School Safety Center.
         (c-1)  Except as provided by Subsection (c-2), any document
  or information collected, developed, or produced during a safety
  and security audit conducted under Subsection (b) is not subject to
  disclosure under Chapter 552, Government Code.
         (c-2)  A document relating to a school district's or public
  junior college district's multihazard emergency operations plan is
  subject to disclosure if the document enables a person to:
               (1)  verify that the district has established a plan
  and determine the agencies involved in the development of the plan
  and the agencies coordinating with the district to respond to an
  emergency, including the Department of State Health Services, local
  emergency services agencies, law enforcement agencies, health
  departments, and fire departments;
               (2)  verify that the district's plan was reviewed
  within the last 12 months and determine the specific review dates;
               (3)  verify that the plan addresses the four phases of
  emergency management under Subsection (a);
               (4)  verify that district employees have been trained
  to respond to an emergency and determine the types of training, the
  number of employees trained, and the person conducting the
  training;
               (5)  verify that each campus in the district has
  conducted mandatory emergency drills and exercises in accordance
  with the plan and determine the frequency of the drills;
               (6)  if the district is a school district, verify that
  the district has established a plan for responding to a train
  derailment if required under Subsection (d);
               (7)  verify that the district has completed a safety
  and security audit under Subsection (b) and determine the date the
  audit was conducted, the person conducting the audit, and the date
  the district presented the results of the audit to the district's
  board of trustees;
               (8)  verify that the district has addressed any
  recommendations by the district's board of trustees for improvement
  of the plan and determine the district's progress within the last 12
  months; and
               (9)  if the district is a school district, verify that
  the district has established a visitor policy and identify the
  provisions governing access to a district building or other
  district property.
         SECTION 6.03.  Subchapter D, Chapter 37, Education Code, is
  amended by adding Section 37.109 to read as follows:
         Sec. 37.109.  SCHOOL SAFETY AND SECURITY COMMITTEE. (a)  In
  accordance with guidelines established by the Texas School Safety
  Center, each school district shall establish a school safety and
  security committee.
         (b)  The committee shall:
               (1)  participate on behalf of the district in
  developing and implementing emergency plans consistent with the
  district multihazard emergency operations plan required by Section
  37.108(a) to ensure that the plans reflect specific campus,
  facility, or support services needs;
               (2)  provide the district with any campus, facility, or
  support services information required in connection with a safety
  and security audit required by Section 37.108(b), a safety and
  security audit report required by Section 37.108(c), or another
  report required to be submitted by the district to the Texas School
  Safety Center; and
               (3)  review each report required to be submitted by the
  district to the Texas School Safety Center to ensure that the report
  contains accurate and complete information regarding each campus,
  facility, or support service in accordance with criteria
  established by the center.
         SECTION 6.04.  Section 37.202, Education Code, is amended to
  read as follows:
         Sec. 37.202.  PURPOSE. The purpose of the center is to serve
  as:
               (1)  a central location for school safety and security
  information, including research, training, and technical
  assistance related to successful school safety and security
  programs; [and]
               (2)  a central registry of persons providing school
  safety and security consulting services in the state; and
               (3)  a resource for the prevention of youth violence
  and the promotion of safety in the state.
         SECTION 6.05.  Section 37.203(a), Education Code, as amended
  by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         (a)  The center is advised by a board of directors composed
  of:
               (1)  the attorney general, or the attorney general's
  designee;
               (2)  the commissioner, or the commissioner's designee;
               (3)  the executive director of the Texas Juvenile
  Probation Commission, or the executive director's designee;
               (4)  the executive commissioner of the Texas Youth
  Commission, or the executive commissioner's designee;
               (5)  the commissioner of the Department of State Health
  Services, or the commissioner's designee;
               (6)  the commissioner of higher education, or the
  commissioner's designee; and
               (7)  the following members appointed by the governor
  with the advice and consent of the senate:
                     (A)  a juvenile court judge;
                     (B)  a member of a school district's board of
  trustees;
                     (C)  an administrator of a public primary school;
                     (D)  an administrator of a public secondary
  school;
                     (E)  a member of the state parent-teacher
  association;
                     (F)  a teacher from a public primary or secondary
  school;
                     (G)  a public school superintendent who is a
  member of the Texas Association of School Administrators;
                     (H)  a school district police officer or a peace
  officer whose primary duty consists of working in a public school;
  and
                     (I)  two members of the public.
         SECTION 6.06.  Section 37.203(b), Education Code, is amended
  to read as follows:
         (b)  Members of the board appointed under Subsection (a)(7)
  [(a)(6)] serve staggered two-year terms, with the terms of the
  members described by Subsections (a)(7)(A)-(E) [(a)(6)(A)-(E)]
  expiring on February 1 of each odd-numbered year and the terms of
  the members described by Subsections (a)(7)(F)-(I) [(a)(6)(F)-(I)]
  expiring on February 1 of each even-numbered year. A member may
  serve more than one term.
         SECTION 6.07.  Section 37.207(a), Education Code, is amended
  to read as follows:
         (a)  The center shall develop a model safety and security
  audit procedure for use by school districts and public junior
  college districts that includes:
               (1)  providing each district with guidelines [and a
  training video] showing proper audit procedures;
               (2)  reviewing elements of each district audit[,
  providing the results of the review to the district,] and making
  recommendations for improvements in the state based on that review 
  [the audit]; and
               (3)  incorporating the findings of district audits in a
  statewide report on school safety and security made available by
  the center to the public.
         SECTION 6.08.  Section 37.209, Education Code, is amended to
  read as follows:
         Sec. 37.209.  CENTER WEBSITE. The center shall develop and
  maintain an interactive Internet website that includes:
               (1)  quarterly news updates related to school safety
  and security and violence prevention;
               (2)  school crime data;
               (3)  a schedule of training and special events; and
               (4)  a list of persons who [approved by the board to]
  provide school safety or security consulting services in this state
  and are registered in accordance with Section 37.2091
  [presentations].
         SECTION 6.09.  Subchapter G, Chapter 37, Education Code, is
  amended by adding Sections 37.2091 and 37.2121 to read as follows:
         Sec. 37.2091.  REGISTRY OF PERSONS PROVIDING SCHOOL SAFETY
  OR SECURITY CONSULTING SERVICES. (a)  In this section, "school
  safety or security consulting services" includes any service
  provided to a school district, institution of higher education,
  district facility, or campus by a person consisting of advice,
  information, recommendations, data collection, or safety and
  security audit services relevant to school safety and security,
  regardless of whether the person is paid for those services.
         (b)  The center shall establish a registry of persons
  providing school safety or security consulting services in this
  state.
         (c)  Each person providing school safety or security
  consulting services in this state shall register with the center in
  accordance with requirements established by the center. The
  requirements must include provisions requiring a person
  registering with the center to provide information regarding:
               (1)  the person's background, education, and experience
  that are relevant to the person's ability to provide knowledgeable
  and effective school safety or security consulting services; and
               (2)  any complaints or pending litigation relating to
  the person's provision of school safety or security consulting
  services.
         (d)  The registry is intended to serve only as an
  informational resource for school districts and institutions of
  higher education. The inclusion of a person in the registry is not
  an indication of the person's qualifications or ability to provide
  school safety or security consulting services or that the center
  endorses the person's school safety or security consulting
  services.
         (e)  The center shall include information regarding the
  registry, including the number of persons registered and the
  general degree of school safety or security experience possessed by
  those persons, in the biennial report required by Section 37.216.
         Sec. 37.2121.  MEMORANDA OF UNDERSTANDING AND MUTUAL AID
  AGREEMENTS. (a)  The center shall identify and inform school
  districts of the types of entities, including local and regional
  authorities, other school districts, and emergency first
  responders, with whom school districts should customarily make
  efforts to enter into memoranda of understanding or mutual aid
  agreements addressing issues that affect school safety and
  security.
         (b)  The center shall develop guidelines regarding memoranda
  of understanding and mutual aid agreements between school districts
  and the entities identified in accordance with Subsection (a). The
  guidelines:
               (1)  must include descriptions of the provisions that
  should customarily be included in each memorandum or agreement with
  a particular type of entity;
               (2)  may include sample language for those provisions;
  and
               (3)  must be consistent with the Texas Statewide Mutual
  Aid System established under Subchapter E-1, Chapter 418,
  Government Code.
         (c)  The center shall encourage school districts to enter
  into memoranda of understanding and mutual aid agreements with
  entities identified in accordance with Subsection (a) that comply
  with the guidelines developed under Subsection (b).
         (d)  Each school district that enters into a memorandum of
  understanding or mutual aid agreement addressing issues that affect
  school safety and security shall, at the center's request, provide
  the following information to the center:
               (1)  the name of each entity with which the school
  district has entered into a memorandum of understanding or mutual
  aid agreement;
               (2)  the effective date of each memorandum or
  agreement; and
               (3)  a summary of each memorandum or agreement.
         (e)  The center shall include information regarding the
  center's efforts under this section in the report required by
  Section 37.216.
         SECTION 6.10.  Section 37.213, Education Code, is amended to
  read as follows:
         Sec. 37.213.  PUBLIC JUNIOR COLLEGES [INSTITUTIONS OF HIGHER
  EDUCATION]. (a)  In this section, "public junior college" 
  ["institution of higher education"] has the meaning assigned by
  Section 61.003.
         (b)  The center shall research best practices regarding
  emergency preparedness of public junior colleges and serve as a
  clearinghouse for that information.
         (c)  The center shall provide public  junior colleges with
  training, technical assistance, and published guidelines or
  templates, as appropriate, in the following areas:
               (1)  multihazard emergency operations plan
  development;
               (2)  drill and exercise development and
  implementation;
               (3)  mutual aid agreements;
               (4)  identification of equipment and funds that may be
  used by public junior colleges in an emergency; and
               (5)  reporting in accordance with 20 U.S.C. Section
  1092(f) [An institution of higher education may use any appropriate
  model plan developed by the center under Section 37.205(4).
         [(c)     The center may provide an institution of higher
  education with on-site technical assistance and safety training.
         [(d)     The center may charge a fee to an institution of higher
  education for assistance and training provided under Subsection
  (c)].
         SECTION 6.11.  Section 37.216, Education Code, is amended to
  read as follows:
         Sec. 37.216.  BIENNIAL [ANNUAL] REPORT. (a)  Not later than
  January [September] 1 of each odd-numbered year, the board shall
  provide a report to the governor, the legislature, the State Board
  of Education, and the agency.
         (b)  The biennial [annual] report must include any findings
  made by the center regarding school safety and security and the
  center's functions, budget information, and strategic planning
  initiatives of the center.
         SECTION 6.12.  Subchapter G, Chapter 37, Education Code, is
  amended by adding Section 37.2161 to read as follows:
         Sec. 37.2161.  SCHOOL SAFETY AND SECURITY PROGRESS REPORT.
  (a)  The center shall periodically provide a school safety and
  security progress report to the governor, the legislature, the
  State Board of Education, and the agency that contains current
  information regarding school safety and security in the school
  districts and public junior college districts of this state based
  on:
               (1)  elements of each district's multihazard emergency
  operations plan required by Section 37.108(a);
               (2)  elements of each district's safety and security
  audit required by Section 37.108(b); and
               (3)  any other report required to be submitted to the
  center.
         (b)  The center shall establish guidelines regarding the
  specific information to be included in the report required by this
  section.
         (c)  The center may provide the report required by this
  section in conjunction with the report required by Section 37.216.
         SECTION 6.13.  Subchapter E, Chapter 51, Education Code, is
  amended by adding Section 51.217 to read as follows:
         Sec. 51.217.  MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY
  AND SECURITY AUDIT. (a) In this section, "institution" means a
  general academic teaching institution, a medical and dental unit,
  or other agency of higher education, as those terms are defined by
  Section 61.003.
         (b)  An institution shall adopt and implement a multihazard
  emergency operations plan for use at the institution. The plan must
  address mitigation, preparedness, response, and recovery. The plan
  must provide for:
               (1)  employee training in responding to an emergency;
               (2)  mandatory drills to prepare students, faculty, and
  employees for responding to an emergency;
               (3)  measures to ensure coordination with the
  Department of State Health Services, local emergency management
  agencies, law enforcement, health departments, and fire
  departments in the event of an emergency; and
               (4)  the implementation of a safety and security audit
  as required by Subsection (c).
         (c)  At least once every three years, an institution shall
  conduct a safety and security audit of the institution's
  facilities. To the extent possible, an institution shall follow
  safety and security audit procedures developed in consultation with
  the division of emergency management of the office of the governor.
         (d)  An institution shall report the results of the safety
  and security audit conducted under Subsection (c) to the
  institution's board of regents and the division of emergency
  management of the office of the governor.
         (e)  Except as provided by Subsection (f), any document or
  information collected, developed, or produced during a safety and
  security audit conducted under Subsection (c) is not subject to
  disclosure under Chapter 552, Government Code.
         (f)  A document relating to an institution's multihazard
  emergency operations plan is subject to disclosure if the document
  enables a person to:
               (1)  verify that the institution has established a plan
  and determine the agencies involved in the development of the plan
  and the agencies coordinating with the institution to respond to an
  emergency, including the Department of State Health Services, local
  emergency services agencies, law enforcement agencies, health
  departments, and fire departments;
               (2)  verify that the institution's plan was reviewed
  within the last 12 months and determine the specific review dates;
               (3)  verify that the plan addresses the four phases of
  emergency management under Subsection (b);
               (4)  verify that institution employees have been
  trained to respond to an emergency and determine the types of
  training, the number of employees trained, and the person
  conducting the training;
               (5)  verify that each campus has conducted mandatory
  emergency drills and exercises in accordance with the plan and
  determine the frequency of the drills;
               (6)  verify that the institution has completed a safety
  and security audit under Subsection (c) and determine the date the
  audit was conducted, the person conducting the audit, and the date
  the institution presented the results of the audit to the board of
  regents; and
               (7)  verify that the institution has addressed any
  recommendations by the board of regents for improvement of the plan
  and determine the institution's progress within the last 12 months.
         SECTION 6.13a.  Chapter 111, Education Code, is amended by
  adding Subchapter I to read as follows:
  SUBCHAPTER I.  UNIVERSITY OF HOUSTON HURRICANE CENTER FOR
  INNOVATIVE TECHNOLOGY
         Sec. 111.121.  DEFINITIONS.  In this subchapter:
               (1)  "Board" means the board of regents of the
  University of Houston System.
               (2)  "Center" means the University of Houston Hurricane
  Center for Innovative Technology (UHC-IT) established under this
  subchapter.
         Sec. 111.122.  ESTABLISHMENT.  (a)  The University of
  Houston Hurricane Center for Innovative Technology is established
  at the University of Houston.
         (b)  The organization, control, and management of the center
  are vested in the board.
         (c)  The center shall be hosted by the university's College
  of Engineering. Participation in the center's activities shall be
  open to any faculty member of the university who is an active
  researcher in the field of materials, nanotechnology, structural
  engineering, designing of structures, or sensor technology, or in
  another relevant field as determined by the university.
         Sec. 111.123.  PURPOSE.  The center is created to:
               (1)  promote interdisciplinary research, education,
  and training for the development of state-of-the-art products,
  materials, systems, and technologies designed to mitigate the wind,
  and asserted structural damages in the built environment and
  offshore structures caused by hurricanes in the Gulf Coast region;
  and
               (2)  develop protocols for the fast and efficient
  recovery of the public and private sectors, including utilities,
  hospitals, petrochemical industries, offshore platforms, and
  municipalities and other local communities following a hurricane.
         Sec. 111.124.  POWERS AND DUTIES.  The center shall:
               (1)  collaborate with appropriate federal, state, and
  local agencies and private business or nonprofit entities as
  necessary to coordinate efforts after a hurricane in the Gulf Coast
  region;
               (2)  develop smart materials and devices for use in
  hurricane protection and mitigation systems for structural
  monitoring;
               (3)  develop anchor systems for window and door
  screens, dwellings and other buildings, pipelines, and other
  onshore and offshore structures to withstand hurricane wind damage;
               (4)  develop test facilities for evaluating the
  performance of new products, materials, or techniques designed to
  protect against hurricane wind damage;
               (5)  develop specifications and standards for products
  used for protecting against hurricane wind damage;
               (6)  design buildings, houses, and other structures to
  withstand hurricane wind damage; and
               (9)  provide hurricane-related educational programs,
  seminars, conferences, and workshops to the community designed to
  ensure safety, minimize loss of life, and mitigate the destruction
  of property associated with hurricane wind damage.
         Sec. 111.125.  COLLABORATION WITH OTHER ENTITIES.  The
  University of Houston shall encourage public and private entities
  to participate in or support the operation of the center and may
  enter into an agreement with any public or private entity for that
  purpose.  An agreement may allow the center to provide information,
  services, or other assistance to an entity in exchange for the
  entity's participation or support.
         Sec. 111.126.  GIFTS AND GRANTS.  The board may solicit,
  accept, and administer gifts and grants from any public or private
  source and use existing resources for the purposes of the center.  
  State funding is not available unless the legislature makes
  specific appropriation for this purpose.
         Sec. 111.127.  PERSONNEL.  The board may employ personnel
  for the center as necessary.
         SECTION 6.14.  Section 418.004(10), Government Code, is
  amended to read as follows:
               (10)  "Local government entity" means a county,
  incorporated city, independent school district, public junior
  college 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.
         SECTION 6.15.  Section 37.210, Education Code, is repealed.
         SECTION 6.16.  Sections 37.108(c-1) and (c-2), and Sections
  51.217(d) and (e), Education Code, as added by this article, apply
  only to a request for documents or information that is received on
  or after the effective date of this article.  A request for
  documents or information that was received before the effective
  date of this article is governed by the law in effect on the date the
  request was received, and the former law is continued in effect for
  that purpose.
         SECTION 6.17.  A person providing school safety or security
  consulting services in this state shall comply with Section
  37.2091, Education Code, as added by this article, not later than
  January 1, 2010.
         SECTION 6.18.  This article does not make an appropriation.  
  A provision in this article that creates a new governmental
  program, creates a new entitlement, or imposes a new duty on a
  governmental entity is not mandatory during a fiscal period for
  which the legislature has not made a specific appropriation to
  implement the provision.
         SECTION 6.19.  This article takes effect September 1, 2009.
  ARTICLE 7.  EFFECTIVE DATE
         SECTION 7.01.  Except as otherwise provided by this Act,
  this Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1831 was passed by the House on April
  24, 2009, by the following vote:  Yeas 140, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1831 on May 29, 2009, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; that the House adopted the conference committee report on
  H.B. No. 1831 on May 31, 2009, by the following vote:  Yeas 141,
  Nays 0, 1 present, not voting; and that the House adopted H.C.R. No.
  286 authorizing certain corrections in H.B. No. 1831 on June 1,
  2009, by the following vote:  Yeas 135, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1831 was passed by the Senate, with
  amendments, on May 23, 2009, by the following vote:  Yeas 30, Nays
  1; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; that
  the Senate adopted the conference committee report on H.B. No. 1831
  on June 1, 2009, by the following vote:  Yeas 30, Nays 1; and that
  the Senate adopted H.C.R. No. 286 authorizing certain corrections
  in H.B. No. 1831 on June 1, 2009, by the following vote:  Yeas 31,
  Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor