| |
| |
| |
|
|
AN ACT
|
|
|
relating to the administration of emergency management in this |
|
|
state. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 61.003(6), Education Code, is amended to |
|
|
read as follows: |
|
|
(6) "Other agency of higher education" means The |
|
|
University of Texas System, System Administration; The University |
|
|
of Texas at El Paso [Western University] Museum; The Texas A&M |
|
|
University System, Administrative and General Offices; Texas A&M |
|
|
AgriLife Research [Agricultural Experiment Station]; Texas A&M |
|
|
AgriLife [Agricultural] Extension Service; Rodent and Predatory |
|
|
Animal Control Service (a part of the Texas A&M AgriLife |
|
|
[Agricultural] Extension Service); Texas A&M Engineering |
|
|
Experiment Station (including the Texas A&M Transportation |
|
|
Institute); Texas A&M Engineering Extension Service; Texas A&M |
|
|
Forest Service; Texas Division of Emergency Management; Texas Tech |
|
|
University Museum; Texas State University System, System |
|
|
Administration; Sam Houston Memorial Museum; Panhandle-Plains |
|
|
Historical Museum; Cotton Research Committee of Texas; Texas Water |
|
|
Resources Institute [of Texas]; Texas A&M Veterinary Medical |
|
|
Diagnostic Laboratory; and any other unit, division, institution, |
|
|
or agency which shall be so designated by statute or which may be |
|
|
established to operate as a component part of any public senior |
|
|
college or university, or which may be so classified as provided in |
|
|
this chapter. |
|
|
SECTION 2. Section 88.001, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 88.001. AGENCIES AND SERVICES. The agencies and |
|
|
services of the Texas A&M [A & M] University System are: |
|
|
(1) the Texas A&M Forest Service (see Subchapter B of |
|
|
this chapter); |
|
|
(2) [the] Texas A&M AgriLife Research [Agricultural
|
|
|
Experiment Station] (see Subchapter C of this chapter); |
|
|
(3) the Texas A&M AgriLife [Agricultural] Extension |
|
|
Service, established by action of the board of directors; |
|
|
(4) the Texas A&M Engineering Experiment Station, |
|
|
established by action of the board of directors; |
|
|
(5) the Texas A&M Engineering Extension Service, |
|
|
established by action of the board of directors; |
|
|
(6) the Texas Division of Emergency Management (see |
|
|
Subchapter C, Chapter 418, Government Code); and |
|
|
(7) [(6)] other agencies and services that may be |
|
|
established by law or by action of the board of directors. |
|
|
SECTION 3. Section 418.013(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) The emergency management council is composed of |
|
|
representatives of state agencies, boards, commissions, and |
|
|
organized volunteer groups designated by the head of each entity. |
|
|
At least once each biennium, the governor shall review the |
|
|
composition of the council and, if necessary, update or expand the |
|
|
participating entities. |
|
|
SECTION 4. Section 418.041, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 418.041. ORGANIZATION. (a) The Texas Division of |
|
|
Emergency Management is a component [division] of The Texas A&M |
|
|
University System [the department]. |
|
|
(b) The division is managed by a chief appointed by the |
|
|
[public safety director of the department, with the approval of
|
|
|
the] governor. The chief serves at the pleasure of the governor |
|
|
[public safety director]. The chief must possess professional |
|
|
training and knowledge consisting of not less than five years of |
|
|
managerial or strategic planning experience in matters relating to |
|
|
public safety, security, emergency services, and emergency |
|
|
response. |
|
|
(c) At least once every two months, the following shall meet |
|
|
to coordinate efforts, prevent overlap of activities, and ensure |
|
|
that the state's approach to emergency management and homeland |
|
|
security is unified: |
|
|
(1) a representative of the department; |
|
|
(2) a representative of the division; |
|
|
(3) [a representative of the governor's office of
|
|
|
homeland security;
|
|
|
[(4)] the presiding officer of the Homeland Security |
|
|
Council; and |
|
|
(4) [(5)] a state agency representative from the |
|
|
emergency management council, selected by the chair of the |
|
|
emergency management council. |
|
|
(d) The division shall employ other coordinating and |
|
|
planning officers and other professional, technical, secretarial, |
|
|
and clerical personnel necessary to the performance of its |
|
|
functions. |
|
|
(e) The division shall manage and staff the state operations |
|
|
center under an agreement with the department. |
|
|
SECTION 5. Section 418.050(c), Government Code, is amended |
|
|
to read as follows: |
|
|
(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 [Department of Public Safety of the State of Texas] |
|
|
shall provide support for the credentialing process. |
|
|
SECTION 6. Section 418.051(c), Government Code, is amended |
|
|
to read as follows: |
|
|
(c) The communications coordination group consists of |
|
|
members selected by the division, including representatives of: |
|
|
(1) the Texas military forces; |
|
|
(2) the department [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 A&M Forest Service; |
|
|
(12) the Texas Department of Transportation; |
|
|
(13) the General Land Office; |
|
|
(14) the Texas A&M 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 7. (a) On September 1, 2019: |
|
|
(1) the administration of the Texas Division of |
|
|
Emergency Management shall be transferred from the Department of |
|
|
Public Safety of the State of Texas to The Texas A&M University |
|
|
System; |
|
|
(2) all rules, policies, procedures, and decisions of |
|
|
the Department of Public Safety of the State of Texas relating to |
|
|
the administration of the Texas Division of Emergency Management |
|
|
are continued in effect as rules, policies, procedures, and |
|
|
decisions of The Texas A&M University System until superseded by a |
|
|
rule or other appropriate action by The Texas A&M University |
|
|
System; |
|
|
(3) an employee of the Texas Division of Emergency |
|
|
Management as operated by the Department of Public Safety of the |
|
|
State of Texas becomes an employee of the Texas Division of |
|
|
Emergency Management under The Texas A&M University System; |
|
|
(4) a reference in law or administrative rule to the |
|
|
Department of Public Safety of the State of Texas relating to the |
|
|
administration of the Texas Division of Emergency Management means |
|
|
The Texas A&M University System; and |
|
|
(5) the Department of Public Safety of the State of |
|
|
Texas is responsible for the employer contribution for the cost of |
|
|
retiree insurance for employees of the Texas Division of Emergency |
|
|
Management who retire from the division before September 1, 2019. |
|
|
(b) Not later than June 1, 2019, the Department of Public |
|
|
Safety of the State of Texas and The Texas A&M University System |
|
|
shall enter into a memorandum of understanding relating to the |
|
|
transfer of the administration of the Texas Division of Emergency |
|
|
Management from the Department of Public Safety of the State of |
|
|
Texas to The Texas A&M University System as provided by this Act. |
|
|
The memorandum must include: |
|
|
(1) a timetable and specific steps and methods for the |
|
|
transfer on September 1, 2019, of all powers, duties, obligations, |
|
|
rights, contracts, leases, records, real or personal property, and |
|
|
unspent and unobligated appropriations and other funds relating to |
|
|
the administration of the Texas Division of Emergency Management |
|
|
from the Department of Public Safety of the State of Texas to The |
|
|
Texas A&M University System; |
|
|
(2) measures to ensure against any unnecessary |
|
|
disruption to the operation of the Texas Division of Emergency |
|
|
Management during the transfer process; and |
|
|
(3) a provision that the terms of any memorandum of |
|
|
understanding entered into previously by the governor, The Texas |
|
|
A&M University System, the Department of Public Safety of the State |
|
|
of Texas, and the Texas Division of Emergency Management and |
|
|
related to the transfer remain in effect until the transfer is |
|
|
completed. |
|
|
SECTION 8. This Act takes effect immediately if it 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, 2019. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2794 was passed by the House on April |
|
|
18, 2019, by the following vote: Yeas 132, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2794 was passed by the Senate on May |
|
|
22, 2019, by the following vote: Yeas 30, Nays 1. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |