State Legislation of Interest to Emergency Managers
As of May 30, 2007

The Legislative Session has adjourned, and below is a listing of the final status of bills on our list that are of interest to emergency managers. There may be other pieces of legislation that come to light as more of the last days of activity at the legislature are finalized.

Where there are companion bills (Senate and House versions of the same bill), the legislation is listed by the version that passed. To read the full text of any bill, you can go to the Texas Legislature Online. You can generally find the current status of any bill also at the Texas Legislature Online (TLO) site, HOWEVER, documentation for anything that passed in the last few days, particularly amendments, may not be readily available yet.

One other note: the Governor has until June 17 to sign the bills which passed, so there is still a risk of veto of any bill until that date.

BILLS THAT PASSED

Homeland Security Bill/Statewide Mutual Aid System A conference committee report was finalized just in time for passage of SB 11 by Sen. Carona. SB 11 is an omnibus homeland security bill, with several pieces relating to homeland security – including creation of a statewide mutual aid system. EMAT and a number of first responder and other groups have had the opportunity to provide input on the mutual aid provisions of this bill. There were last minute changes to this bill in conference committee, so if you have an enrolled version of the bill, it will not reflect those changes (although we are not aware of any changes to the mutual aid sections).

Also on Mutual Aid - HB 1471 by Rep. Hancock has mutual aid provisions that generally match those laid out in SB 11 (this bill has only the mutual aid provisions, and not the other homeland security pieces of SB 11). If there are any differences between SB 11 and HB 1471 (and we are checking), then SB 11 will prevail, having passed more recently in the legislature.

Evacuation of Pets - HB 88 by Rep. Branch. The bill relates to the evacuation and sheltering of service animals and household pets in a disaster.

Severe Storm Research and Planning Center - HB 1493 by Rep. Bonnen. Establishes the center in the Gulf Coast region, to be operated by a council of governments, and provided oversight by an advisory panel of major colleges and universities on the coast and border, engineering firms, and medical facilities.

Procedures for a Disaster Contingency Fund - HB 2694 by Rep. Hamilton. The bill relates to the disaster contingency fund, including reimbursing preventive actions.

Re-location of Courts following a Disaster - HB 2766 by Rep. Eiland, allowing for certain courts to operate out of jurisdiction after a disaster in the area.

Continuity of Functions for Political Subdivisions during a Disaster - SB 61 by Sen. Zaffirini. The bill allows for a political subdivision to adopt a plan for the continuity of functions and allows for exceptions to a quorum.

Possession and Confiscation of Firearms in a Disaster - SB 112 by Sen. Carona. The bill is effective immediately. The bill does not allow for the confiscation of firearms lawfully owned unless a law enforcement officer believes it necessary.

Leasing property for Health and Human Services activities in an Emergency - SB 336 by Sen. Brimer. The bill allows certain counties (the bill originates in Tarrant County) to forgo current posting requirements and other procurement limitations to lease property for health and human services activities for the short term in an emergency.

Collection of EM Data by TNRIS - SB 622 by Sen. Carona. This bill is effective immediately. Adds the responsibility to collect certain emergency management data to the duties of the Texas Natural Resources Information System and the Texas Geographic Information Council.

State Office of Risk Management - SB 908 by Sen. Brimer. The bill relates to the continuation and functions of the State Office of Risk Management, including a provision added to assist state agencies with business continuity during an emergency.

Bills That Did NOT Pass

HJR 2 by Rep. Isett, Carl | et al. (and enabling legislation HB 3533)
Proposing a constitutional amendment to limit the rate of growth of appropriations from all sources of revenue except the federal government; to establish a disaster fund, managed by the governor, for use to prepare for or respond to a natural disaster or emergency; to fund the property tax relief fund; to require a gubernatorial declaration before money may be appropriated from the economic stabilization fund; and to authorize the legislature to appropriate money for tax rebates; making a constitutional appropriation. Left pending in a subcommittee.

HB 13 by Rep. Swinford.
The bill relates to homeland security issues, including border security issues and law enforcement. Senate made changes in the bill, but the House did not get back to it in time to resolve.

HB 1325 by Rep. Eiland
Exempts hurricane preparation supplies from sales tax in hurricane areas for a limited time. Left pending in House committee.

HB 2405 by Rep. Hardcastle
Relating to paying the costs incurred by a state agency that is deployed by the governor to respond to a natural disaster or other emergency. Left pending in Senate committee.

HB 3224 by Rep. Murphy
Relating to creating a database and issuing identification cards to essential first responder personnel. Left pending in House committee.

HB 3272 by Rep. Eiland (SB 1551 companion, by Sen. Janek)
Establishing a State Catastrophe Fund (Insurance, $20 million in HB 1 for 2 years) Left pending in committee in both houses.

HB 3698 by McCall (companion - SB 1228 by Sen. Gallegos)
Relating to temporary housing and emergency shelters provided by a political subdivision for disaster victims (state pays for shelters when ordered evacuation). Public hearing in the Senate, but still not reported out for consideration on the floor. Left pending in Senate committee.

HB 3743 by Rep. Bohac
Relating to when an employee must return to work after an emergency evacuation. Status: in committee. Never got a hearing.

HB 3943 by Rep. Herrero
Relating to requiring certain public officials to receive training relating to emergency management (State officials or officials of political subdivisions must take 5-8 hours of training). Sent to calendars, but never scheduled for consideration on the House floor.

SB 41 by Sen. Nelson
Relating to the disaster-related responsibilities of certain state agencies in health care. Left pending in Senate committee.

SB 927 by Sen. Williams
Relating to certain disaster response procedures for political subdivisions (Provides for a statewide mutual aid system). Similar to HB 1471 at the start of the session, and was left pending in committee in favor of other similar legislation.

SB 1583 by Sen. Gallegos
Relating to the prompt and efficient response to flooding and evacuations. Despite the description, this mostly has to do with hurricane evacuations and includes some new mandates, more role for legislature. A Senate Subcommittee was appointed, and the bill was left pending in subcommittee.

SB 1928 by Sen. Gallegos (HB 1116 - companion, by Rep. Fischer)
Requires a community telephone emergency notification system as a part of the 911 system. Left pending in committee in both houses.

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