reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.006. Rules

Sec. 414.006.  RULES.  The council may adopt rules to carry out its functions under this chapter.  The rules adopted by the council shall not conflict with rules relating to grants adopted by the criminal justice division of the governor's office.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.007. Confidentiality of Crime Stoppers Records

Sec. 414.007.  CONFIDENTIALITY OF CRIME STOPPERS RECORDS.  A record relating to a tip received under Section 414.0015(a) maintained by the council, a crime stoppers organization, a law enforcement agency, a school district, or an open-enrollment charter school, including the identity of the person who submitted the tip, is confidential and is not subject to disclosure under Chapter 552.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1172 (H.B. 3316), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.009. Misuse of Information

Sec. 414.009.  MISUSE OF INFORMATION.  (a)  A person who is a member or employee of the council, a crime stoppers organization, a law enforcement agency, a school district, or an open-enrollment charter school or who accepts a tip under Section 414.0015(a) on behalf of the council or a crime stoppers organization commits an offense if the person intentionally or knowingly discloses to a person not a member of or employed by the council, a crime stoppers organization, a law enforcement agency, a school district, or an open-enrollment charter school the identity of a person who submitted a tip or the content of that tip without the person's consent, unless:
(1)  the person disclosing the information has received authorization to disclose the information from the chief executive of the crime stoppers organization that originally received the tip, and the chief executive has reasonably determined that failing to disclose the identity of a person who submitted the tip creates a probability of imminent physical injury to another; or
(2)  the disclosure is otherwise required by law or court order.
(b)  An offense under this section is a Class A misdemeanor, except that an offense under this section is a third degree felony if the offense is committed with intent to obtain monetary gain or other benefit.
(c)  A person convicted of an offense under this section is not eligible for state employment during the five-year period following the date that the conviction becomes final.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 700, Sec. 6, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1172 (H.B. 3316), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.010. Payments From Defendants on Community Supervision; Reward Repayments

Sec. 414.010.  PAYMENTS FROM DEFENDANTS ON COMMUNITY SUPERVISION;  REWARD REPAYMENTS.  (a)  Except as provided by Subsection (d), a crime stoppers organization certified by the council to receive money in the form of payments from defendants placed on community supervision under Chapter 42A, Code of Criminal Procedure, or money in the form of repayments of rewards under Articles 37.073 and 42.152, Code of Criminal Procedure, may transfer not more than 20 percent of the money received during each calendar year to accounts used solely to pay costs incurred in administering the organization and shall use the remainder of the money, including any interest earned on the money, only for the payment of rewards to persons who submit tips under Section 414.0015(a).  Not later than January 31 of each year, a crime stoppers organization that receives or expends money under this section shall file a detailed report with the council.
(b)  A crime stoppers organization shall establish a separate reward account for money received under this section.
(c)  Not later than the 60th day after the date of dissolution or decertification of a crime stoppers organization, a dissolved or decertified organization shall forward all unexpended money received under this section to the comptroller.  The comptroller shall deposit the money in the crime stoppers assistance account in the general revenue fund.
(d)  A crime stoppers organization under this section may deposit excess funds, in an amount established by council rule, in separate accounts to be used by the organization solely for law enforcement or public safety purposes relating to crime stoppers or juvenile justice, as established by council rule.  An organization that deposits excess funds in an account as provided by this subsection may use any interest earned on the funds to pay costs incurred in administering the organization.
Added by Acts 1989, 71st Leg., ch. 86, Sec. 2, eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.019, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 756, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 700, Sec. 7, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1466, Sec. 1, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999;  Acts 2001, 77th Leg., ch. 390, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.42, eff. January 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1172 (H.B. 3316), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.011. Certification of Organizations to Receive Payments and Reward Repayments

Sec. 414.011.  CERTIFICATION OF ORGANIZATIONS TO RECEIVE PAYMENTS AND REWARD REPAYMENTS.  (a)  The council shall, on application by a crime stoppers organization, determine whether the organization is qualified to receive repayments of rewards under Articles 37.073 and 42.152, Code of Criminal Procedure, or payments from a defendant under Chapter 42A, Code of Criminal Procedure.  The council shall certify a crime stoppers organization to receive those repayments or payments if, considering the organization, continuity, leadership, community support, and general conduct of the crime stoppers organization, the council determines that the repayments or payments will be spent to further the crime prevention purposes of the organization.
(b)  Each crime stoppers organization certified by the council to receive repayments under Articles 37.073 and 42.152, Code of Criminal Procedure, or payments from a defendant under Chapter 42A, Code of Criminal Procedure, is subject to a review or audit, including financial and programmatic reviews or audits, of finances or programs at the direction of the criminal justice division of the governor's office or its designee.  A copy of the review or audit report shall be submitted to the criminal justice division.
(c)  The criminal justice division of the governor's office or its designee shall draft rules for adoption by the council relating to a review or audit requested pursuant to Subsection (b).
(d)  A certification issued by the council is valid for a period of two years.  During this two-year period, the council shall decertify a crime stoppers organization if it determines that the organization no longer meets the certification requirements.
(e)  The council shall approve a crime stoppers organization for purposes of Subsection (a) of this section even if a judge has not requested a determination for that organization and shall maintain a current list of organizations approved for that purpose.
Added by Acts 1989, 71st Leg., ch. 611, Sec. 4, eff. Sept. 1, 1989.  Renumbered from Sec. 414.010 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(4), eff. Sept. 6, 1990.  Amended by Acts 1993, 73rd Leg., ch. 711, Sec. 2, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 756, Sec. 2, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 700, Sec. 8, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.43, eff. January 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.012. Statewide Crime Reporting Systems

Sec. 414.012.  STATEWIDE CRIME REPORTING SYSTEMS.  The council shall establish a free statewide telephone service and other appropriate systems to allow tips under Section 414.0015(a) to be submitted to the council and shall make the telephone service and other reporting systems accessible at all times to persons residing in areas of the state not served by a crime stoppers organization.  The council shall forward any information it receives to appropriate crime stoppers organizations, law enforcement agencies, school districts, or open-enrollment charter schools.
Added by Acts 1993, 73rd Leg., ch. 807, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 700, Sec. 9, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1560, Sec. 1, eff. June 19, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 707 (H.B. 3690), Sec. 2, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1172 (H.B. 3316), Sec. 10, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 414 - Texas Crime Stoppers Council › Section 414.013. Immunity From Civil Liability

Sec. 414.013.  IMMUNITY FROM CIVIL LIABILITY.  (a)  A person who submits to the council or a crime stoppers organization a tip under Section 414.0015(a) is immune from civil liability for damages resulting from the submission unless the submission was:
(1)  intentionally, wilfully, or wantonly negligent or false;
(2)  made with conscious indifference or reckless disregard for the safety of others; or
(3)  made to further the commission of a criminal act.
(b)  A person who in the course and scope of the person's duties or functions receives, forwards, or acts on a tip submitted under Section 414.0015(a) is immune from civil liability for damages resulting from an act or omission in the performance of the person's duties or functions unless the act or omission was:
(1)  intentional or wilfully or wantonly negligent;
(2)  done with conscious indifference or reckless disregard for the safety of others; or
(3)  done to further the commission of a criminal act.
Added by Acts 2003, 78th Leg., ch. 233, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1172 (H.B. 3316), Sec. 11, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.001. Definitions

Sec. 417.001.  DEFINITIONS.  In this chapter:
(1)  "Commissioner" means the commissioner of insurance.
(2)  "Department" means the Texas Department of Insurance.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 983, Sec. 2, eff. Jan. 1, 1990;  Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1172, Sec. 3.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.002. Appointment and Tenure

Sec. 417.002.  APPOINTMENT AND TENURE.  The state fire marshal is appointed by the commissioner.  The state fire marshal serves at the pleasure of the commissioner and may be discharged at any time.  The state fire marshal shall report to the commissioner.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1172, Sec. 3.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.003. Status as State-Commissioned Officer

Sec. 417.003.  STATUS AS STATE-COMMISSIONED OFFICER.  The state fire marshal is a state-commissioned officer and functions in that capacity subject to rules of the commissioner.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1172, Sec. 3.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.004. General Powers and Duties

Sec. 417.004.  GENERAL POWERS AND DUTIES.  (a)  The state fire marshal, under the supervision of the commissioner, shall administer and enforce applicable provisions of the Insurance Code and other law relating to the state fire marshal.  The commissioner shall perform the supervisory and rule-making functions previously performed by the Texas Commission on Fire Protection under this subsection.  The commissioner and the commission shall transfer information between the two agencies as necessary to allow the agencies to perform their statutory duties.  The commissioner and the commission may make and adopt by rule memoranda of understanding as necessary to coordinate their respective duties.
(b)  The state fire marshal is the chief investigator in charge of the investigation of arson and suspected arson in the state.
(c)  The state fire marshal may make or encourage studies of fire protection, including fire administration.
(d)  The state fire marshal may conduct research to improve fire protection and fire administration and may stimulate research by public and private agencies for that purpose.
(e)  The state fire marshal may, on the request of a public or nonprofit entity with duties related to fire protection, advise or assist the entity in relation to those duties.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1172, Sec. 3.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.005. Adoption of Rules

Sec. 417.005.  ADOPTION OF RULES.  The commissioner, after consulting with the state fire marshal, may adopt necessary rules to guide the state fire marshal and fire and arson investigators commissioned by the state fire marshal in the investigation of arson, fire, and suspected arson and in the performance of other duties for the commissioner.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 912, Sec. 21, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1172, Sec. 3.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.0051. Fire Prevention and Safety Education

Sec. 417.0051.  FIRE PREVENTION AND SAFETY EDUCATION.  The commissioner, through the state fire marshal:
(1)  shall use pertinent and timely facts relating to fires to develop educational programs and disseminate materials necessary to educate the public effectively regarding methods of fire prevention and safety;  and
(2)  may accept gifts, grants, and donations from any source for the purposes of this section.
Added by Acts 1989, 71st Leg., ch. 186, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1172, Sec. 3.01, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.0052. Texas Fire Incident Reporting System

Sec. 417.0052.  TEXAS FIRE INCIDENT REPORTING SYSTEM.  The state fire marshal, under the direction of the commissioner, is responsible for maintaining and administering the Texas Fire Incident Reporting System.
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 3.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.006. Fire and Arson Investigators

Sec. 417.006.  FIRE AND ARSON INVESTIGATORS.  The state fire marshal may commission peace officers to act as fire and arson investigators under his supervision and to perform other law enforcement duties assigned to the commissioner and the state fire marshal by law.  The state fire marshal may revoke a peace officer's commission under this section for just cause.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 912, Sec. 22, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1172, Sec. 3.03, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.0075. Investigation of Firefighter Fatality

Sec. 417.0075.  INVESTIGATION OF FIREFIGHTER FATALITY.  (a)  In this section, the term "firefighter" includes an individual who performs fire suppression duties for a governmental entity or volunteer fire department.
(b)  If a firefighter dies in the line of duty or if the firefighter's death occurs in connection with an on-duty incident in this state, the state fire marshal shall investigate the circumstances surrounding the death of the firefighter, including any factors that may have contributed to the death of the firefighter.
(c)  In conducting an investigation under this section, the state fire marshal has the same powers as those granted to the state fire marshal under Section 417.007.  The state fire marshal shall coordinate the investigative efforts of local government officials and may enlist established fire service organizations and private entities to assist in the investigation.
(d)  The state fire marshal shall release a report concerning an investigation conducted under this section on completion of the investigation.
(e)  Not later than October 31 of each year, the state fire marshal shall deliver to the commissioner a detailed report about the findings of each investigation conducted under this section in the preceding year.
(f)  Information gathered in an investigation conducted under this section is subject to Section 552.108.
(g)  The authority granted to the state fire marshal under this section shall not limit in any way the authority of the county or municipal fire marshal to conduct the county or municipal fire marshal's own investigation into the death of a firefighter within the county or municipal fire marshal's jurisdiction.
Added by Acts 2001, 77th Leg., ch. 846, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 47 (S.B. 396), Sec. 1, eff. May 12, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.0081. Inspection of State-Owned or State-Leased Buildings

Sec. 417.0081.  INSPECTION OF STATE-OWNED OR STATE-LEASED BUILDINGS.  (a)  The state fire marshal, at the commissioner's direction, shall periodically inspect public buildings under the charge and control of a state agency and buildings leased for the use of a state agency.
(b)  For the purpose of determining a schedule for conducting inspections under this section, the commissioner by rule shall adopt guidelines for assigning potential fire safety risk to state-owned and state-leased buildings.  Rules adopted under this subsection must provide for the inspection of each state-owned and state-leased building to which this section applies, regardless of how low the potential fire safety risk of the building may be.
(c)  On or before January 1 of each year, the state fire marshal shall report to the governor, lieutenant governor, speaker of the house of representatives, and appropriate standing committees of the legislature regarding the state fire marshal's findings in conducting inspections under this section.
Added by Acts 1993, 73rd Leg., ch. 684, Sec. 49, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1172, Sec. 3.06, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 4.002, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 374 (S.B. 1105), Sec. 1, eff. June 9, 2015.
Acts 2015, 84th Leg., R.S., Ch. 374 (S.B. 1105), Sec. 2, eff. June 9, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.0082. Protection of State-Owned or State-Leased Buildings Against Fire Hazards; Authority of State Fire Marshal

Sec. 417.0082.  PROTECTION OF STATE-OWNED OR STATE-LEASED BUILDINGS AGAINST FIRE HAZARDS; AUTHORITY OF STATE FIRE MARSHAL.  (a)  The state fire marshal, under the direction of the commissioner, shall take any action necessary to protect a public building under the charge and control of a state agency and the building's occupants, and the occupants of a building leased for the use of a state agency, against an existing or threatened fire hazard.  The state fire marshal shall include the State Office of Risk Management and each state agency occupying or managing an affected building in all communication concerning fire hazards.
(b)  The commissioner and the State Office of Risk Management shall make and each adopt a memorandum of understanding that coordinates the agency's duties under this section.
(c)  The state fire marshal is the authority having jurisdiction over a state-owned building for purposes of fire safety.
Added by Acts 1993, 73rd Leg., ch. 684, Sec. 52, eff. Sept. 1, 1993.  Renumbered from Government Code Sec. 419.0081, and amended by Acts 1997, 75th Leg., ch. 1172, Sec. 3.07, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 407 (S.B. 908), Sec. 12, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 4.003, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 374 (S.B. 1105), Sec. 3, eff. June 9, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.0083. Fire Suppression Ratings Schedule

Sec. 417.0083.  FIRE SUPPRESSION RATINGS SCHEDULE.  (a)  The state fire marshal shall perform duties as directed by the commissioner relating to the department's fire suppression ratings schedule.
(b)  The state fire marshal may provide technical assistance to paid fire departments, volunteer fire departments, and local governments responding to the use of the fire suppression ratings schedule.
Added by Acts 1991, 72nd Leg., ch. 628, Sec. 4, eff. Sept. 1, 1991.  Renumbered from Government Code Sec. 419.901 and amended by Acts 1997, 75th Leg., Sec. 3.08, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.009. Delegation of Authority

Sec. 417.009.  DELEGATION OF AUTHORITY.  (a)  If for any reason the state fire marshal is unable to make a required investigation in person, the marshal may designate the fire marshal of the city or town where the investigation is to be made or another suitable person to act for the state fire marshal.
(b)  The designated person has the same authority with respect to the investigation as is provided by this chapter for the state fire marshal.  The designated person is entitled to compensation as provided by the commissioner.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1172, Sec. 3.09, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter A. General Provisions › Section 418.001. Short Title

Sec. 418.001.  SHORT TITLE.  This chapter may be cited as the Texas Disaster Act of 1975.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter A. General Provisions › Section 418.002. Purposes

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;
(9)  encourage state agencies, local governments, nongovernmental organizations, private entities, and individuals to adopt the goals of the strategic plan of the Federal Emergency Management Agency for preparing for, responding to, and recovering from a disaster that emphasize cooperation among federal agencies, state agencies, local governments, nongovernmental organizations, private entities, and individuals in each activity or project undertaken to ensure that this state is prepared to effectively respond to and recover from a disaster; and
(10)  provide the authority and mechanism to respond to an energy emergency.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 992, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 5.03, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1281 (H.B. 1861), Sec. 3, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 286 (H.B. 2340), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter A. General Provisions › Section 418.003. Limitations

Sec. 418.003.  LIMITATIONS.  This chapter does not:
(1)  limit the governor's authority to apply for, administer, or expend any grant, gift, or payment in aid of disaster mitigation, preparedness, response, or recovery;
(2)  interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
(3)  interfere with dissemination of news or comment on public affairs, but any communications facility or organization, including radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster or potential disaster;
(4)  affect the jurisdiction or responsibilities of police forces, fire-fighting forces, units of the armed forces of the United States, or of any of their personnel when on active duty, but state, local, and interjurisdictional emergency management plans shall place reliance on the forces available for performance of functions related to disasters;
(5)  except as provided by Section 418.184, authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition;
(6)  limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution or laws of this state independent of or in conjunction with any provisions of this chapter; or
(7)  authorize any person to prohibit or restrict the business or operations of a firearms or ammunition manufacturer, distributor, wholesaler, supplier, or retailer or a sport shooting range, as defined by Section 250.001, Local Government Code, in connection with a disaster.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 992, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 18 (S.B. 112), Sec. 1, eff. April 27, 2007.
Acts 2021, 87th Leg., R.S., Ch. 998 (H.B. 1500), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter A. General Provisions › Section 418.006. Civil Liability

Sec. 418.006.  CIVIL LIABILITY.  An officer or employee of a state or local agency, or a volunteer acting at the direction of an officer or employee of a state or local agency, is considered for purposes of Section 437.222 to be a member of the Texas military forces ordered into active service of the state by proper authority and is considered to be discharging a duty in that capacity if the person is performing an activity related to sheltering or housing individuals in connection with the evacuation of an area stricken or threatened by disaster.
Added by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.06, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter B. Powers and Duties of Governor › Section 418.011. Responsibility of Governor

Sec. 418.011.  RESPONSIBILITY OF GOVERNOR.  The governor is responsible for meeting:
(1)  the dangers to the state and people presented by disasters;  and
(2)  disruptions to the state and people caused by energy emergencies.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter B. Powers and Duties of Governor › Section 418.012. Executive Orders

Sec. 418.012.  EXECUTIVE ORDERS.  Under this chapter, the governor may issue executive orders, proclamations, and regulations and amend or rescind them.  Executive orders, proclamations, and regulations have the force and effect of law.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter B. Powers and Duties of Governor › Section 418.0125. Limitations on Medical Procedures

Sec. 418.0125.  LIMITATIONS ON MEDICAL PROCEDURES.  (a)  In this section, "nonelective medical procedure" means a medical procedure, including a surgery, a physical exam, a diagnostic test, a screening, the performance of a laboratory test, and the collection of a specimen to perform a laboratory test, that if not performed within a reasonable time may, as determined in good faith by a patient's physician, result in:
(1)  the patient's loss of life; or
(2)  a deterioration, complication, or progression of the patient's current or potential medical condition or disorder, including a physical condition or mental disorder.
(b)  The Texas Medical Board during a declared state of disaster may not issue an order or adopt a regulation that limits or prohibits a nonelective medical procedure.
(c)  The Texas Medical Board during a declared state of disaster may issue an order or adopt a regulation imposing a temporary limitation or prohibition on a medical procedure other than a nonelective medical procedure only if the limitation or prohibition is reasonably necessary to conserve resources for nonelective medical procedures or resources needed for disaster response.  An order issued or regulation adopted under this subsection may not continue for more than 15 days unless renewed by the board.
(d)  A person subject to an order issued or regulation adopted under this section who in good faith acts or fails to act in accordance with that order or regulation is not civilly or criminally liable and is not subject to disciplinary action for that act or failure to act.
(e)  The immunity provided by Subsection (d) is in addition to any other immunity or limitation of liability provided by law.
(f)  Notwithstanding any other law, this section does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides the basis for a cause of action for an act or omission under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter B. Powers and Duties of Governor › Section 418.013. Emergency Management Council

Sec. 418.013.  EMERGENCY MANAGEMENT COUNCIL.  (a)  The governor by executive order may establish an emergency management council to advise and assist the governor in all matters relating to disaster mitigation, preparedness, response, and recovery.
(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.
(c)  The emergency management council shall make recommendations to the Department of Public Safety as to which private emergency organizations, such as the American National Red Cross, the Salvation Army, Radio Amateur Civil Emergency Service, and other similar organizations with the capability to supplement the state's resources in disaster situations, should be authorized to operate certain vehicles as designated emergency vehicles in the case of a disaster.
(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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 992, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 5.01, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.03, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 735 (S.B. 171), Sec. 1, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 602 (S.B. 799), Sec. 3, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 852 (H.B. 2794), Sec. 3, eff. June 10, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter B. Powers and Duties of Governor › Section 418.014. Declaration of State of Disaster

Sec. 418.014.  DECLARATION OF STATE OF DISASTER.  (a)  The governor by executive order or proclamation may declare a state of disaster if the governor finds a disaster has occurred or that the occurrence or threat of disaster is imminent.
(b)  Except as provided by Subsection (c), the state of disaster continues until the governor:
(1)  finds that:
(A)  the threat or danger has passed;  or
(B)  the disaster has been dealt with to the extent that emergency conditions no longer exist;  and
(2)  terminates the state of disaster by executive order.
(c)  A state of disaster may not continue for more than 30 days unless renewed by the governor.  The legislature by law may terminate a state of disaster at any time.  On termination by the legislature, the governor shall issue an executive order ending the state of disaster.
(d)  An executive order or proclamation issued under this section must include:
(1)  a description of the nature of the disaster;
(2)  a designation of the area threatened;  and
(3)  a description of the conditions that have brought the state of disaster about or made possible the termination of the state of disaster.
(e)  An executive order or proclamation shall be disseminated promptly by means intended to bring its contents to the attention of the general public.  An order or proclamation shall be filed promptly with the division, the secretary of state, and the county clerk or city secretary in each area to which it applies unless the circumstances attendant on the disaster prevent or impede the filing.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 2B.03, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter B. Powers and Duties of Governor › Section 418.015. Effect of Disaster Declaration

Sec. 418.015.  EFFECT OF DISASTER DECLARATION.  (a)  An executive order or proclamation declaring a state of disaster:
(1)  activates the disaster recovery and rehabilitation aspects of the state emergency management plan applicable to the area subject to the declaration;  and
(2)  authorizes the deployment and use of any forces to which the plan applies and the use or distribution of any supplies, equipment, and materials or facilities assembled, stockpiled, or arranged to be made available under this chapter or other law relating to disasters.
(b)  The preparedness and response aspects of the state emergency management plan are activated as provided by that plan.
(c)  During a state of disaster and the following recovery period, the governor is the commander in chief of state agencies, boards, and commissions having emergency responsibilities.  To the greatest extent possible, the governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or plans, but this chapter does not restrict the governor's authority to do so by orders issued at the time of the disaster.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter B. Powers and Duties of Governor › Section 418.0155. Suspension List

Sec. 418.0155.  SUSPENSION LIST.  (a)  The governor's office, using existing resources, shall compile and maintain a comprehensive list of regulatory statutes and rules that may require suspension during a disaster.
(b)  On request by the governor's office, a state agency that would be impacted by the suspension of a statute or rule on the list compiled under Subsection (a) shall review the list for accuracy and shall advise the governor's office regarding any statutes or rules that should be added to the list.
Added by Acts 2019, 86th Leg., R.S., Ch. 945 (H.B. 7), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter B. Powers and Duties of Governor › Section 418.017. Use of Public and Private Resources

Sec. 418.017.  USE OF PUBLIC AND PRIVATE RESOURCES.  (a)  The governor may use all available resources of state government and of political subdivisions that are reasonably necessary to cope with a disaster.
(b)  The governor may temporarily reassign resources, personnel, or functions of state executive departments and agencies or their units for the purpose of performing or facilitating emergency services.
(c)  The governor may commandeer or use any private property if the governor finds it necessary to cope with a disaster, subject to the compensation requirements of this chapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter B. Powers and Duties of Governor › Section 418.018. Movement of People

Sec. 418.018.  MOVEMENT OF PEOPLE.  (a)  The governor may recommend the evacuation of all or part of the population from a stricken or threatened area in the state if the governor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery.
(b)  The governor may prescribe routes, modes of transportation, and destinations in connection with an evacuation.
(c)  The governor may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter B. Powers and Duties of Governor › Section 418.019. Restricted Sale and Transportation of Materials

Sec. 418.019.  RESTRICTED SALE AND TRANSPORTATION OF MATERIALS.  The governor may suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles, other than explosives or combustibles that are components of firearm ammunition.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 998 (H.B. 1500), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter B. Powers and Duties of Governor › Section 418.0195. Disconnection of State Computer Networks

Sec. 418.0195.  DISCONNECTION OF STATE COMPUTER NETWORKS.  (a)  This section applies only to a computer network used by:
(1)  a state agency; or
(2)  an entity other than a state agency receiving network security services from the Department of Information Resources under Section 2059.058.
(b)  The governor may order the Department of Information Resources to disconnect a computer network from the Internet in the event of a substantial external threat to the computer network.
(c)  The authority granted under this section is limited to Internet connectivity services provided exclusively to an entity described by Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1310 (H.B. 3333), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter B. Powers and Duties of Governor › Section 418.020. Temporary Housing and Emergency Shelter

Sec. 418.020.  TEMPORARY HOUSING AND EMERGENCY SHELTER.  (a)  The governor may enter into purchase, lease, or other arrangements with an agency of the United States for temporary housing units to be occupied by disaster victims and may make units available to any political subdivision.
(b)  The governor may assist a political subdivision that is the locus of temporary housing or emergency shelters for disaster victims to acquire sites necessary for temporary housing or emergency shelters and to do all things required to prepare the sites to receive and use temporary housing units or emergency shelters by:
(1)  advancing or lending funds available to the governor from any appropriation made by the legislature or from any other source;
(2)  allocating funds made available by a public or private agency; or
(3)  becoming a copartner with the political subdivision for the execution and performance of any temporary housing or emergency shelter project for disaster victims.
(c)  Under regulations prescribed by the governor, the governor may temporarily suspend or modify for a period of not more than 60 days any public health, safety, zoning, intrastate transportation, or other law or regulation if by proclamation the governor considers the suspension or modification essential to provide temporary housing or emergency shelter for disaster victims.
(d)  Any political subdivision may temporarily or permanently acquire by lease, purchase, or other means sites required for installation of temporary housing units or emergency shelters for disaster victims and may enter into arrangements necessary to prepare or equip the sites to use the housing units or shelters, including arrangements for the purchase of temporary housing units or shelters and the payment of transportation charges.
(e)  A political subdivision that is the locus of temporary housing or emergency shelters for persons moved or evacuated by recommendation or order of the governor may be assisted by any resource available to the state, including the disaster contingency fund, to ensure the political subdivision receives an advance or reimbursement:
(1)  of all expenses, including lost revenue, incurred by the political subdivision associated with the use of public facilities for temporary housing or emergency shelters; and
(2)  of the amounts paid for salaries and benefits of permanently employed, straight-time and regular-time personnel of the political subdivision who perform duties associated with the movement or evacuation of persons into, out of, or through the political subdivision.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 185 (H.B. 1998), Sec. 2, eff. September 1, 2009.