reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter E. -1. Texas Statewide Mutual Aid System › Section 418.1181. Reimbursement of Costs: Request by Local Government Entity

Sec. 418.1181.  REIMBURSEMENT OF COSTS:  REQUEST BY LOCAL GOVERNMENT ENTITY.  (a)  If a local government entity requests mutual aid assistance from another local government entity under the system that requires a response that exceeds 12 consecutive hours, the requesting local government entity shall reimburse the actual costs of providing mutual aid assistance to the responding local government entity, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred by the responding local government entity in response to a request for reimbursement.  Local government entities with a mutual aid agreement when the request for mutual aid assistance is made are subject to the agreement's terms of reimbursement, as provided by Section 418.111.
(b)  The requesting local government entity shall pay the reimbursement from available funds.  If federal money is available to pay costs associated with the provision of mutual aid assistance, the requesting local government entity shall make the claim for the eligible costs of the responding local government entity on the requesting entity's subgrant application and shall disburse the federal share of the money to the responding local government entity, with sufficient local funds to cover the actual costs of the responding local government entity in providing assistance.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June 6, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. June 15, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 708 (H.B. 3178), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter F. Disaster Mitigation › Section 418.121. Duty of Governor

Sec. 418.121.  DUTY OF GOVERNOR.  (a)  In addition to disaster mitigation measures included in the state, local, and interjurisdictional emergency management plans, the governor shall as a continuing duty consider steps that could be taken to mitigate the harmful consequences of disasters.
(b)  At the direction of the governor and pursuant to any other authority and competence a state agency may have, a state agency shall study matters related to disaster mitigation. This includes agencies charged with responsibility in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land use planning, and construction standards.
(c)  The governor shall from time to time make recommendations to the legislature, local governments, and other appropriate public and private entities as may facilitate measures to mitigate the harmful consequences of disasters.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 992, Sec. 13, 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 F. Disaster Mitigation › Section 418.122. State Study of Land Use and Construction Standards

Sec. 418.122.  STATE STUDY OF LAND USE AND CONSTRUCTION STANDARDS.  (a)  The Texas Natural Resource Conservation Commission and other state agencies, in conjunction with the division, shall keep land uses and construction of structures and other facilities under continuing study and shall identify areas that are particularly susceptible to severe land shifting, subsidence, flooding, or other catastrophes.
(b)  The studies shall concentrate on means of reducing or avoiding the dangers and consequences of a catastrophe.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.08, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter F. Disaster Mitigation › Section 418.123. Recommendations for Changes in Land Use or Construction Standards

Sec. 418.123.  RECOMMENDATIONS FOR CHANGES IN LAND USE OR CONSTRUCTION STANDARDS.  (a)  The division shall recommend to the governor the changes it considers essential if the division believes, on the basis of the studies under Section 418.122 or other competent evidence that:
(1)  an area is susceptible to a disaster of catastrophic proportions without adequate warning;
(2)  existing building standards and land-use controls in that area are inadequate and could add substantially to the magnitude of the disaster;  and
(3)  changes in zoning regulations, other land-use regulations, or building requirements are essential to further the purposes of this subchapter.
(b)  The governor shall review the recommendations.  If after public hearing the governor finds the changes are essential, the governor shall make appropriate recommendations to the agencies or local governments with jurisdiction over the area and subject matter.
(c)  If no action or insufficient action pursuant to the governor's recommendations is taken within the time specified by the governor, the governor shall inform the legislature and request legislative action appropriate to mitigate the impact 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 F. Disaster Mitigation › Section 418.124. Suspension of Land Use or Construction Standards

Sec. 418.124.  SUSPENSION OF LAND USE OR CONSTRUCTION STANDARDS.  (a)  When the governor makes recommendations under Section 418.123, the governor may suspend the standard or control found to be inadequate to protect the public safety and by rule may place a new standard or control in effect.
(b)  The new standard or control remains in effect until rejected by concurrent resolution of both houses of the legislature or amended by the governor.
(c)  During the time the new standard or control is in effect, it shall be administered and given effect by all appropriate regulatory agencies of the state and of the local governments to which it applies.
(d)  The governor's action under this section is subject to judicial review but is not subject to temporary stay pending litigation.
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 F. Disaster Mitigation › Section 418.125. Disaster Preparedness Community Outreach

Sec. 418.125.  DISASTER PREPAREDNESS COMMUNITY OUTREACH.  To the extent practicable, the following entities shall conduct community outreach, including public awareness campaigns, and education activities on disaster preparedness each year:
(1)  municipalities and counties;
(2)  the department, including the division;
(3)  the Texas Education Agency;
(4)  the office of the comptroller;
(5)  the Texas Department of Insurance;
(6)  the Texas Department of Transportation;
(7)  the Texas Department of Housing and Community Affairs;
(8)  the Health and Human Services Commission; and
(9)  the Department of State Health Services.
Added by Acts 2019, 86th Leg., R.S., Ch. 1116 (H.B. 2325), Sec. 2, eff. September 1, 2019.
Redesignated from Government Code, Section 418.127 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(25), 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 F. Disaster Mitigation › Section 418.126. Pre-Event Disaster Response Contracts

Sec. 418.126.  PRE-EVENT DISASTER RESPONSE CONTRACTS.  (a)  The General Land Office shall solicit proposals for and enter into one or more pre-event contracts that may be activated by the office in the event of a weather-related disaster declaration to obtain services for debris removal from beaches as needed following the disaster.
(b)  The Texas Department of Transportation shall solicit proposals for and enter into one or more pre-event contracts that may be activated by the department in the event of a weather-related disaster declaration to obtain services for debris removal from the state highway system as needed following the disaster.
(c)  The Texas Department of Housing and Community Affairs shall solicit proposals for and enter into one or more pre-event contracts that may be activated by the department in the event of a weather-related disaster declaration to obtain temporary or emergency housing as needed following the disaster.
(d)  Services obtained under a pre-event contract under this section may be paid for with money from the disaster contingency fund under Section 418.073.
Added by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 3, 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 F. Disaster Mitigation › Section 418.127. Hurricane Preparedness

Sec. 418.127.  HURRICANE PREPAREDNESS.  The governor shall issue a proclamation each year before hurricane season instructing:
(1)  individuals, including residential and commercial property owners, to prepare their property and communities for the upcoming hurricane season;
(2)  state agencies to review and update their hurricane preparedness plans; and
(3)  the following entities, to the extent practicable, to conduct community outreach and education activities on hurricane preparedness between May 25 and May 31 of each year:
(A)  municipalities and counties;
(B)  the division;
(C)  the Texas Education Agency;
(D)  the office of the comptroller;
(E)  the Texas Department of Insurance; and
(F)  the Department of State Health Services.
Added by Acts 2019, 86th Leg., R.S., Ch. 575 (S.B. 285), 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 F. Disaster Mitigation › Section 418.128. State Agency Hurricane Preparedness

Sec. 418.128.  STATE AGENCY HURRICANE PREPAREDNESS.  (a)  Not later than the 30th day after the date the governor issues a proclamation under Section 418.127, the governor, in consultation with the division and each appropriate state agency as determined by the governor, shall publish on the office of the governor's Internet website a report on the preparedness of state agencies for hurricane response.  The report must include:
(1)  a list of each state agency involved in this state's response to a hurricane;
(2)  contact information for each state agency in the event of a hurricane, including the name, e-mail address, and telephone number of the officer or employee who manages the state agency's response to a hurricane; and
(3)  whether the officer or employee under Subdivision (2) has completed the emergency management training course described by Section 418.005.
(b)  Notwithstanding any other law, the governor may, by executive order, take any action necessary to ensure each state agency listed under Subsection (a)(1) is able to respond to a hurricane.  An executive order issued under this subsection must be published in the Texas Register and expires on the last day of the first regular session of the legislature to convene after the date the order is issued unless the governor specifies an earlier expiration date in the order.
(c)  In this section, "response" includes any activity related to the prevention or discovery of, response to, or recovery from a hurricane.
Added by Acts 2019, 86th Leg., R.S., Ch. 575 (S.B. 285), 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 F. Disaster Mitigation › Section 418.129. Housing Assistance Information

Sec. 418.129.  HOUSING ASSISTANCE INFORMATION.  The General Land Office shall conduct a public information campaign each year before and during hurricane season to provide local officials and the public with information regarding housing assistance that may be available under state and federal law in the event of a major hurricane or flooding event, including information about types of assistance unavailable under that law.
Added by Acts 2019, 86th Leg., R.S., Ch. 575 (S.B. 285), 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 F. -1. Disaster Housing Recovery › Section 418.131. Definitions

Sec. 418.131.  DEFINITIONS.  In this subchapter:
(1)  "Center" means the Hazard Reduction and Recovery Center at Texas A&M University.
(2)  "Local government" means a county, municipality, or council of government that has jurisdiction in a first tier coastal county, as defined by Section 2210.003, Insurance Code.
(3)  "Plan" means a local housing recovery plan developed under Section 418.133.
Added by Acts 2019, 86th Leg., R.S., Ch. 576 (S.B. 289), Sec. 2, 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 F. -1. Disaster Housing Recovery › Section 418.132. Duties of General Land Office or Designated State Agency

Sec. 418.132.  DUTIES OF GENERAL LAND OFFICE OR DESIGNATED STATE AGENCY.  (a)  Unless the governor designates a state agency under Subsection (d), the General Land Office shall receive and administer federal and state funds appropriated for long-term disaster recovery.
(b)  The General Land Office shall:
(1)  collaborate with the Texas Division of Emergency Management and the Federal Emergency Management Agency, as appropriate, on plans developed under Section 418.133;
(2)  seek prior approval from the Federal Emergency Management Agency and the United States Department of Housing and Urban Development for the immediate post-disaster implementation of local housing recovery plans accepted by the General Land Office under Section 418.135; and
(3)  maintain a division with adequate staffing and other administrative support to review plans developed under Section 418.133.
(c)  The General Land Office may adopt rules as necessary to implement the General Land Office's duties under this subchapter.
(d)  The governor may designate a state agency to be responsible for long-term disaster recovery under this subchapter instead of the General Land Office.  If the governor designates a state agency under this subsection, a reference to the General Land Office in this subchapter means the designated state agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 576 (S.B. 289), Sec. 2, 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 F. -1. Disaster Housing Recovery › Section 418.133. Local Housing Recovery Plan

Sec. 418.133.  LOCAL HOUSING RECOVERY PLAN.  (a)  A local government may develop and adopt a local housing recovery plan to provide for the rapid and efficient construction of permanent replacement housing following a disaster.
(b)  In developing the plan, a local government shall seek input from:
(1)  stakeholders in the community, including residents, local businesses, and community-based organizations; and
(2)  neighboring local governments.
(c)  A local government may submit a plan developed and adopted under Subsection (a) to the center for certification.
Added by Acts 2019, 86th Leg., R.S., Ch. 576 (S.B. 289), Sec. 2, 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 F. -1. Disaster Housing Recovery › Section 418.135. Review of Local Housing Recovery Plan by General Land Office

Sec. 418.135.  REVIEW OF LOCAL HOUSING RECOVERY PLAN BY GENERAL LAND OFFICE.  (a)  The center shall submit to the General Land Office a plan certified by the center under Section 418.134.
(b)  The General Land Office shall review the plan and consult with the center and the local government about any potential improvements the General Land Office may identify.  In reviewing the plan, the General Land Office shall give deference to the local government regarding matters in the local government's discretion.
(c)  On completion of the review, the General Land Office shall accept the plan unless the General Land Office determines that the plan does not:
(1)  satisfy the criteria for a certified plan under Section 418.134(b);
(2)  provide for the rapid and efficient construction of permanent replacement housing; or
(3)  comply with applicable state and federal law.
(d)  If the General Land Office rejects a plan under this section, the General Land Office may require the local government to revise and resubmit the plan.
(e)  At any point after the General Land Office accepts a plan under this section, the General Land Office may withdraw acceptance of the plan and require the plan to be revised and resubmitted for acceptance or rejection under this section.
(f)  The General Land Office may limit the number of plans it reviews annually under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 576 (S.B. 289), Sec. 2, 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 F. -1. Disaster Housing Recovery › Section 418.136. Effect of Acceptance

Sec. 418.136.  EFFECT OF ACCEPTANCE.  (a)  A plan accepted by the General Land Office under Section 418.135 is valid for four years and may be implemented during that period without further acceptance if a disaster occurs.
(b)  In accordance with rules adopted by the General Land Office, on or before expiration, the plan may be reviewed by the center and the General Land Office, updated if necessary, and resubmitted to the General Land Office for acceptance or rejection.
Added by Acts 2019, 86th Leg., R.S., Ch. 576 (S.B. 289), Sec. 2, 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 F. -2. Disaster Issues Affecting Persons Who Are Elderly and Persons With Disabilities › Section 418.141. Definitions

Sec. 418.141.  DEFINITIONS.  In this subchapter:
(1)  "Disability" means, with respect to an individual, a mental or physical impairment that substantially limits at least one major life activity of that individual.
(2)  "Task force" means the task force established under Section 418.142.
Added by Acts 2019, 86th Leg., R.S., Ch. 614 (S.B. 982), Sec. 2, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(26), eff. September 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.002(5), 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 F. -2. Disaster Issues Affecting Persons Who Are Elderly and Persons With Disabilities › Section 418.142. Establishment; Purpose

Sec. 418.142.  ESTABLISHMENT; PURPOSE.  The task force on disaster issues affecting persons who are elderly and persons with disabilities is established to study methods to more effectively:
(1)  assist persons who are elderly and persons with disabilities during a disaster or emergency evacuation; and
(2)  accommodate persons who are elderly and persons with disabilities in emergency shelters.
Added by Acts 2019, 86th Leg., R.S., Ch. 614 (S.B. 982), Sec. 2, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(26), 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 F. -2. Disaster Issues Affecting Persons Who Are Elderly and Persons With Disabilities › Section 418.143. Composition

Sec. 418.143.  COMPOSITION.  (a)  The task force is composed of 11 members appointed by the governor, including:
(1)  three members who are first responders;
(2)  one member who represents municipalities;
(3)  one member who represents counties; and
(4)  six members who represent persons with disabilities.
(b)  A majority of the members appointed to the task force must be persons with disabilities or guardians of children with disabilities.
(c)  Members serve staggered six-year terms with the terms of three or four members expiring February 1 of each odd-numbered year.
(d)  The governor shall designate one member of the task force to serve as the presiding officer of the task force.  The presiding officer serves in that capacity at the pleasure of the governor.
Added by Acts 2019, 86th Leg., R.S., Ch. 614 (S.B. 982), Sec. 2, eff. September 1, 2019.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(26), 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 G. Citizen Duties and Claims for Compensation › Section 418.151. Citizen Duties

Sec. 418.151.  CITIZEN DUTIES.  (a)  Each person in this state shall conduct himself and keep and manage his affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public successfully to manage emergencies.  This obligation includes appropriate personal service and use or restriction on the use of property in time of disaster.
(b)  This chapter neither increases nor decreases these obligations but recognizes their existence under the constitution and statutes of this state and the common 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 G. Citizen Duties and Claims for Compensation › Section 418.152. Compensation for Services and Property

Sec. 418.152.  COMPENSATION FOR SERVICES AND PROPERTY.  (a)  Services or the taking or use of property shall be compensated only to the extent that:
(1)  the obligations recognized in this chapter are exceeded in a particular case;  and
(2)  the claimant may not be considered to have volunteered services or property without compensation.
(b)  Personal services may not be compensated by the state or a subdivision or agency of the state except under statute or ordinance.
(c)  Compensation for property may be made only if the property was commandeered or otherwise used in coping with a disaster and its use or destruction was ordered by the governor or a member of the disaster forces of this state.
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 G. Citizen Duties and Claims for Compensation › Section 418.153. Compensation Claims

Sec. 418.153.  COMPENSATION CLAIMS.  (a)  A person claiming compensation for the use, damage, loss, or destruction of property under this chapter shall file a claim for compensation with the division in the form and manner required by the division.
(b)  Unless the amount of compensation on account of property damage, loss, or destruction is agreed on between the claimant and the division, the amount of compensation is computed in the same manner as compensation due for taking of property under the condemnation laws of this state.
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 G. Citizen Duties and Claims for Compensation › Section 418.154. Certain Claims Excluded

Sec. 418.154.  CERTAIN CLAIMS EXCLUDED.  This subchapter does not apply to or authorize compensation for:
(1)  the destruction or damaging of standing timber or other property in order to provide a firebreak;
(2)  the release of water or breach of impoundments in order to reduce pressure or other danger from actual or threatened flood;  or
(3)  contravention of Article I, Section 17, of the Texas Constitution or statutes pertaining to that section.
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 H. Miscellaneous Provisions › Section 418.171. Qualifications for Rendering Aid

Sec. 418.171.  QUALIFICATIONS FOR RENDERING AID.  A person who holds a license, certificate, or other permit issued by a state or political subdivision of any state evidencing the meeting of qualifications for professional, mechanical, or other skills may render aid involving the skill in this state to meet an emergency or disaster.  This state shall give due consideration to the license, certificate, or other permit.
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 H. Miscellaneous Provisions › Section 418.172. Insurance Coverage

Sec. 418.172.  INSURANCE COVERAGE.  (a)  Property damage insurance covering state facilities may be purchased by agencies of the state if necessary to qualify for federal disaster assistance funds.
(b)  If sufficient funds are not available for the required insurance, an agency may request funding from the disaster contingency fund to purchase the insurance.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.15, 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 H. Miscellaneous Provisions › Section 418.173. Penalty for Violation of Emergency Management Plan

Sec. 418.173.  PENALTY FOR VIOLATION OF EMERGENCY MANAGEMENT PLAN.  (a)  A state, local, or interjurisdictional emergency management plan may provide that failure to comply with the plan or with a rule, order, or ordinance adopted under the plan is an offense.
(b)  The plan may prescribe a punishment for the offense but may not prescribe a fine that exceeds $1,000 or confinement in jail for a term that exceeds 180 days.
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 H. Miscellaneous Provisions › Section 418.174. Personal Liability Exemption of Member of Emergency Planning Council or Local Emergency Planning Committee

Sec. 418.174.  PERSONAL LIABILITY EXEMPTION OF MEMBER OF EMERGENCY PLANNING COUNCIL OR LOCAL EMERGENCY PLANNING COMMITTEE.  A member of the emergency management council established under Section 418.013 or of a local emergency planning committee established to develop an emergency management program in accordance with Subchapter E of this chapter is not personally liable for civil damages for an action arising from the performance of the person's duties on the council or committee.
Added by Acts 1989, 71st Leg., ch. 851, Sec. 1, eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.175. Certain Information Confidential

Sec. 418.175.  CERTAIN INFORMATION CONFIDENTIAL.  (a)  Information that relates to physically or mentally disabled individuals or other individuals with special needs and that is maintained for purposes of emergency management or disaster planning is confidential.
(b)  This section applies to information in the possession of any person, including:
(1)  the state, an agency of the state, a political subdivision, or an agency of a political subdivision;  or
(2)  an electric, telecommunications, gas, or water utility.
Added by Acts 1999, 76th Leg., ch. 778, Sec. 1, eff. June 18, 1999.  Amended by Acts 2003, 78th Leg., ch. 1312, Sec. 2, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.176. Confidentiality of Certain Information Relating to Emergency Response Providers

Sec. 418.176.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO EMERGENCY RESPONSE PROVIDERS.  (a)  Information is confidential if the information is collected, assembled, or maintained by or for a governmental entity for the purpose of preventing, detecting, responding to, or investigating an act of terrorism or related criminal activity and:
(1)  relates to the staffing requirements of an emergency response provider, including a law enforcement agency, a fire-fighting agency, or an emergency services agency;
(2)  relates to a tactical plan of the provider;  or
(3)  consists of a list or compilation of pager or telephone numbers, including mobile and cellular telephone numbers, of the provider.
(b)  In this section and Sections 418.177-418.183, "governmental entity" includes the governing body of a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.177. Confidentiality of Certain Information Relating to Risk or Vulnerability Assessment

Sec. 418.177.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO RISK OR VULNERABILITY ASSESSMENT.  Information is confidential if the information:
(1)  is collected, assembled, or maintained by or for a governmental entity for the purpose of preventing, detecting, or investigating an act of terrorism or related criminal activity;  and
(2)  relates to an assessment by or for a governmental entity, or an assessment that is maintained by a governmental entity, of the risk or vulnerability of persons or property, including critical infrastructure, to an act of terrorism or related criminal activity.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.178. Confidentiality of Certain Information Relating to Construction or Assembly of Weapons

Sec. 418.178.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO CONSTRUCTION OR ASSEMBLY OF WEAPONS.  (a)  In this section, "explosive weapon" has the meaning assigned by Section 46.01, Penal Code.
(b)  Information is confidential if it is information collected, assembled, or maintained by or for a governmental entity and:
(1)  is more than likely to assist in the construction or assembly of an explosive weapon or a chemical, biological, radiological, or nuclear weapon of mass destruction;  or
(2)  indicates the specific location of:
(A)  a chemical, biological agent, toxin, or radioactive material that is more than likely to be used in the construction or assembly of such a weapon;  or
(B)  unpublished information relating to a potential vaccine or to a device that detects biological agents or toxins.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.179. Confidentiality of Certain Encryption Codes and Security Keys for Communications System

Sec. 418.179.  CONFIDENTIALITY OF CERTAIN ENCRYPTION CODES AND SECURITY KEYS FOR COMMUNICATIONS SYSTEM.  (a)  Information is confidential if the information:
(1)  is collected, assembled, or maintained by or for a governmental entity for the purpose of preventing, detecting, or investigating an act of terrorism or related criminal activity;  and
(2)  relates to the details of the encryption codes or security keys for a public communications system.
(b)  This section does not prohibit a governmental entity from making available, at cost, to bona fide local news media, for the purpose of monitoring emergency communications of public interest, the communications terminals used in the entity's trunked communications system that have encryption codes installed.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.180. Confidentiality of Certain Information Prepared for United States

Sec. 418.180.  CONFIDENTIALITY OF CERTAIN INFORMATION PREPARED FOR UNITED STATES.  Information, other than financial information, in the possession of a governmental entity is confidential if the information:
(1)  is part of a report to an agency of the United States;
(2)  relates to an act of terrorism or related criminal activity;  and
(3)  is specifically required to be kept confidential:
(A)  under Section 552.101 because of a federal statute or regulation;
(B)  to participate in a state-federal information sharing agreement;  or
(C)  to obtain federal funding.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.181. Confidentiality of Certain Information Relating to Critical Infrastructure

Sec. 418.181.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO CRITICAL INFRASTRUCTURE.  Those documents or portions of documents in the possession of a governmental entity are confidential if they identify the technical details of particular vulnerabilities of critical infrastructure to an act of terrorism.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.182. Confidentiality of Certain Information Relating to Security Systems

Sec. 418.182.  CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO SECURITY SYSTEMS.  (a)  Except as provided by Subsections (b) and (c), information, including access codes and passwords, in the possession of a governmental entity that relates to the specifications, operating procedures, or location of a security system used to protect public or private property from an act of terrorism or related criminal activity is confidential.
(b)  Financial information in the possession of a governmental entity that relates to the expenditure of funds by a governmental entity for a security system is public information that is not excepted from required disclosure under Chapter 552.
(c)  Information in the possession of a governmental entity that relates to the location of a security camera in a private office at a state agency, including an institution of higher education, as defined by Section 61.003, Education Code, is public information and is not excepted from required disclosure under Chapter 552 unless the security camera:
(1)  is located in an individual personal residence for which the state provides security;  or
(2)  is in use for surveillance in an active criminal investigation.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.183. Disclosure of Certain Confidential Information

Sec. 418.183.  DISCLOSURE OF CERTAIN CONFIDENTIAL INFORMATION.  (a)  This section applies only to information that is confidential under Sections 418.175-418.182.
(b)  At any time during a state of disaster, the executive or administrative head of the governmental entity may voluntarily disclose or otherwise make available all or part of the confidential information to another person or another entity if the executive or administrative head believes that the other person or entity has a legitimate need for the information.
(c)  The executive or administrative head of a port, port authority, or navigation district created or operating under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, may voluntarily disclose or otherwise make available all or part of the confidential information to another person if the information:
(1)  is shared in connection with a security network or committee, including a federal or state security committee or task force;
(2)  consists of data, video, or other information on an information-sharing device that is shared with a security network;  or
(3)  is shared with an emergency operations center.
(d)  The disclosure or making available of confidential information by a hospital district to a national accreditation body does not waive or affect the confidentiality of the information.
(e)  The disclosure or making available of confidential information under Subsection (b) or (c) does not waive or affect the confidentiality of the information.
(f)  A governmental body subject to Chapter 551 is not required to conduct an open meeting to deliberate information to which this section applies.  Notwithstanding Section 551.103(a), the governmental body must make a tape recording of the proceedings of a closed meeting to deliberate the information.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, eff. June 21, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.184. Firearms

Sec. 418.184.  FIREARMS.  (a)  A peace officer who is acting in the lawful execution of the officer's official duties during a state of disaster may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.
(b)  The peace officer shall return a firearm and any ammunition to an individual disarmed under Subsection (a) before ceasing to detain the individual unless the officer:
(1)  arrests the individual for engaging in criminal activity; or
(2)  seizes the firearm as evidence in a criminal investigation.
Added by Acts 2007, 80th Leg., R.S., Ch. 18 (S.B. 112), Sec. 2, eff. April 27, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 418 - Emergency Management › Subchapter H. Miscellaneous Provisions › Section 418.185. Mandatory Evacuation

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, 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 H. Miscellaneous Provisions › Section 418.186. Disaster and Emergency Education

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, 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 H. Miscellaneous Provisions › Section 418.1861. Disease Prevention Information System

Sec. 418.1861.  DISEASE PREVENTION INFORMATION SYSTEM.  (a)  The Department of State Health Services, using existing resources, shall develop and implement a disease prevention information system for dissemination of immunization information during a declared state of disaster or local state of disaster.
(b)  During a declared state of disaster or local state of disaster, the Department of State Health Services shall ensure that educational materials regarding immunizations are available to local health authorities in this state for distribution to:
(1)  public and private schools;
(2)  child-care facilities as defined by Section 42.002, Human Resources Code;
(3)  community centers offering youth services and programs;
(4)  community centers offering services and programs to vulnerable populations, including communities of color, low-income individuals, and elderly individuals;
(5)  local health care providers; and
(6)  veterans homes as defined by Section 164.002, Natural Resources Code.
(c)  The educational materials must include:
(1)  the most recent immunization schedules by age as recommended by the Centers for Disease Control and Prevention; and
(2)  locations, if any, of local health care providers that offer immunizations.
Added by Acts 2021, 87th Leg., R.S., Ch. 549 (S.B. 239), Sec. 1, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 4, 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 H. Miscellaneous Provisions › Section 418.188. Postdisaster Evaluation

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, 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 H. Miscellaneous Provisions › Section 418.1881. Shelter Operations

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, 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 H. Miscellaneous Provisions › Section 418.1882. Personnel Surge Capacity Planning

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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, eff. September 1, 2009.