Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 7. DIVISION OF EMERGENCY MANAGEMENT
Subchapter A. EMERGENCY MANAGEMENT PROGRAM REQUIREMENTS
The Texas Department of Public Safety proposes amendments to Chapter 7, Subchapter A, §§7.1 - 7.3, concerning Emergency Management Program Requirements.
Amendment to §7.1 is necessary in order to change the title of the section to better clarify the subject of the rule.
Amendment to §7.2 is necessary in order to add language from Texas Government Code, Chapter 418 outlining the role of emergency management coordinators.
Amendment to §7.3 is necessary in order to explain the preferred method for jurisdictions to notify EMD about its emergency management program and the officials responsible for the program.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rules are in effect there will be no fiscal implications for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of enforcing the rules will be rules that more accurately reflect policy and procedures relating to emergency management. There is no anticipated adverse economic effect on individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, the department is not required to complete a takings impact assessment regarding these rules.
Comments on the proposal may be submitted to Russ Lecklider, State Coordinator for Administration, Emergency Management Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0220, (512) 424-2437.
The amendments are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §418.024, and §418.042.
Texas Government Code, §§411.004(3), 418.024, and 418.042 are affected by this proposal.
§7.1. Emergency Management Organization Required.
Each county and incorporated city in Texas shall maintain an emergency management agency or participate in a local or interjurisdictional emergency management agency.
§7.2.Responsibilities of the Chief Elected Official.
The mayor of each municipal corporation and the county judge of each county are designated as the emergency management director for their respective jurisdictions. The mayor and county judge may each designate an emergency management coordinator who shall serve as an assistant to the presiding officer of the political subdivision for emergency management purposes when so designated .
§7.3.Notification Required.
The presiding officer of each political subdivision of the state shall notify the Governor's Division of Emergency Management of the manner in which the political subdivision is providing or securing an emergency management program and the person designated to head that program. Notification should be made using form DEM-147 (Emergency Management Director/Coordinator Appointment), which is available from the division's web site (http://www.txdps.state.tx.us/dem/pages/index.htm) and from its Regional Liaison Officers stationed around the State.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 16, 2007.
TRD-200703653
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety proposes amendments to Chapter 7, Subchapter B, §§7.11 - 7.13, concerning Emergency Management Planning And Preplanning Requirements.
Amendment to §7.11 is necessary in order to provide information on the easiest method for reviewing a copy of the state emergency management plan.
Amendment to §7.12 is necessary in order to indicate that there are state standards for both the content and currency of local emergency management plans.
Amendments to §7.13 are necessary in order to reformat the section to add provisions for interjurisdictional emergency management programs authorized by Chapter 418 of the Government Code, to provide more detailed information on planning requirements, to add NIMS compliance required by the Department of Homeland Security for virtually all grants, and to update the description of documents required for grants.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rules are in effect there will be no fiscal implications for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of enforcing the rules will be rules that more accurately reflect policy and procedures relating to emergency management. There is no anticipated adverse economic effect on individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, the department is not required to complete a takings impact assessment regarding these rules.
Comments on the proposal may be submitted to Russ Lecklider, State Coordinator for Administration, Emergency Management Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0220, (512) 424-2437.
The amendments are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §418.024, and §418.042.
Texas Government Code, §§411.004(3), 418.024, and 418.042 are affected by this proposal.
§7.11.State Plan Required.
The Division of Emergency Management of the Texas Department of Public Safety shall prepare and maintain a state emergency management plan. This plan is on file at the division's office, 5805 North Lamar, Austin, Texas, and with each member agency of the Emergency Management Council. A copy of the plan is posted on the division's web site (http://www.txdps.state.tx.us/dem/pages/index.htm).
§7.12.Local Planning Required.
Each local and interjurisdictional emergency management agency
shall prepare, keep current, and distribute to appropriate officials
a local or interjurisdictional emergency management plan
that
includes the minimum content specified by the Division of Emergency
Management in its local emergency planning standards and has been
signed by the presiding officer(s) of the jurisdiction(s) for which
it was prepared. Local and interjurisdictional plans shall be reviewed
annually and must have been prepared or updated during the last five
(5) years to be considered current
. A copy of each plan
and
any changes to it
will be provided to the Division [
of
Emergency Management
].
§7.13.Eligibility for Federal Incentive Programs Described.
(a)
The [
Governor's
] Division
of Emergency Management administers certain federal assistance programs
authorized under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act as amended, and other statutes. To participate in these
programs, a city or county must meet, as a minimum, the following
basic eligibility requirements:
(1) Have a local emergency management agency legally established by city ordinance or commissioner's court order or participate in an interjurisdictional emergency agency established by joint resolution of the participating local government .
(2)
Have a local or interjurisdictional emergency
management plan that meets state planning standards for minimum content
and is current
[
The emergency management coordinator must
be designated and appointment reported to the division
].
(3)
Have formally adopted and be implementing
the National Incident Management System (NIMS) as its incident management
system
[
Have an approved emergency management plan, or
submit an acceptable schedule for preparation and submission of such
plan
].
(4)
Submit an acceptable project narrative or
work plan and budget for eligible activities
[
Submit an
approvable work plan which outlines proposed emergency management
activities for the current fiscal year
].
(b) Many grants have more specific eligibility requirements and additional terms and conditions.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 16, 2007.
TRD-200703654
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 424-2135
37 TAC §§7.21, 7.23, 7.24, 7.26, 7.27
The Texas Department of Public Safety proposes amendments to Chapter 7, Subchapter C, §§7.21, 7.24, 7.26, 7.27, and new §7.23 concerning Emergency Management Operations.
Amendment to §7.21 is necessary in order to change the title of the section. Further amendments to the section are necessary in order to explain the purpose of a disaster declaration.
Amendment to §7.24 is necessary in order to indicate who a local official should call for help.
Amendment to §7.26 is necessary in order to clarify the responsibilities during multi-agency response operations.
Amendment to §7.27 is necessary in order to add the mandatory evacuation authority given to mayors and county judges during the 79th Legislative Session.
New §7.23 is filed simultaneously with the repeal of current §7.23 and is necessary in order to add the requirement to call on resources available through mutual aid and the requirement in Chapter 418 of the Government Code that cities request assistance from their county before requesting state assistance.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rules are in effect there will be no fiscal implications for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of enforcing the rules will be rules that more accurately reflect policy and procedures relating to emergency management. There is no anticipated adverse economic effect on individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, the department is not required to complete a takings impact assessment regarding these rules.
Comments on the proposal may be submitted to Russ Lecklider, State Coordinator for Administration, Emergency Management Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0220, (512) 424-2437.
The amendments and new section are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §418.024, and §418.042.
Texas Government Code, §§411.004(3), 418.024, and 418.042 are affected by this proposal.
§7.21. Declaration of a State of Disaster and Effects of a Declaration [ Declared ].
The presiding officer of a political subdivision may declare
a local State of Disaster if a disaster has occurred or is imminent.
A disaster declaration activates the response provisions of the local
emergency plan, if that has not been previously accomplished, and
also activates recovery provisions of the plan
[
A local
disaster may be declared by the presiding officer of a political subdivision
]. Such a declaration can be sustained for a maximum of seven
days, unless extended by the governing body
of the political
subdivision
.
§7.23. Local Government's Responsibility.
In responding to emergencies and disasters, a local government is expected to use its own resources and the resources available to it through mutual aid agreements before requesting assistance from the state. Municipalities must request assistance from their county before requesting assistance from the state.
§7.24.Requesting State Assistance.
If local
and mutual aid
resources prove inadequate
for coping with a disaster, the local government may request assistance
from the state by contacting the
local Disaster District Committee
Chairperson, who is the commanding officer of the Texas Highway Patrol
district or sub-district in which the jurisdiction is located
[
state official designated in the Texas Emergency Management Plan as
amended or revised
].
§7.26.Local Government Control Affirmed.
All local disaster operations will be directed by officials of local government. Organized state and federal response teams and teams from other local governments and response organizations providing mutual aid will normally work under their existing supervisors, who will take their mission assignments from the local incident commander.
§7.27.Protective Action Recommendations for the Public.
The decision to recommend that the public take shelter, evacuate, or relocate rests solely with the Governor and with the officials of local government. The chief elected official of a local government has the legal authority to order the evacuation of areas within the government's jurisdiction that are at risk from or have been impacted by a disaster.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 16, 2007.
TRD-200703655
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 424-2135
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the repeal of Chapter 7, Subchapter C, §§7.23, 7.28 and 7.29, concerning Emergency Management Operations.
Repeal of §7.23 is necessary in order to simultaneously file a new §7.23 which adds the requirement to call on resources available through mutual aid and the requirement in Chapter 418 that cities request assistance from their county before requesting state assistance.
Repeal of §7.28 is necessary as there is no legal authority for this rule.
Repeal of §7.29 is necessary as these powers are addressed in §7.21 of this title (relating to Declaration of a State of Disaster and Effects of a Declaration).
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the repeals are in effect there will be no fiscal implications for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year period the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be rules that more accurately reflect policy and procedures relating to emergency management. There is no anticipated adverse economic effect on individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, the department is not required to complete a takings impact assessment regarding these rules.
Comments on the proposal may be submitted to Russ Lecklider, State Coordinator for Administration, Emergency Management Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0220, (512) 424-2437.
The repeals are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §418.024, and §418.042.
Texas Government Code, §§411.004(3), 418.024, and 418.042 are affected by this proposal.
§7.23.Local Government's Responsibility.
§7.28.Responsibility for Evacuees Assigned.
§7.29.Emergency Powers Referenced.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 16, 2007.
TRD-200703656
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 424-2135
The Texas Department of Public Safety proposes amendments to Chapter 7, Subchapter D, §7.41, §7.42 and new §§7.43 - 7.45, concerning Recovery And Rehabilitation Requirements.
Amendment to §7.41 is necessary in order to change the title of the title. Further amendments are necessary in order to require the chief elected official of the jurisdiction to have declared a local State of Disaster before requesting disaster recovery assistance.
Amendments to §7.42 are necessary in order to combine the procedures for requesting recovery assistance with the existing text of current §7.44, which is being simultaneously repealed.
New §7.43 is necessary in order to describe the specific materials that should accompany a request for assistance and or state disaster declaration and where to get them. New §7.43 is filed simultaneously with the repeal of current §7.43.
New §7.44 is necessary in order to explain what happens after a request for assistance or state disaster declaration has been submitted to the state. New §7.44 is filed simultaneously with the repeal of current §7.44.
New §7.45 is necessary in order to explain what eventually happens after local governments request assistance from the state.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rules are in effect there will be no fiscal implications for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of enforcing the rules will be rules that more accurately reflect policy and procedures relating to emergency management. There is no anticipated adverse economic effect on individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, the department is not required to complete a takings impact assessment regarding these rules.
Comments on the proposal may be submitted to Russ Lecklider, State Coordinator for Administration, Emergency Management Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0220, (512) 424-2437.
The amendments and new sections are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §418.024, and §418.042.
Texas Government Code, §§411.004(3), 418.024, and 418.042 are affected by this proposal.
§7.41. Initiation of Requests for Recovery Assistance [ Local Initiation Required ].
Requests for state or federal recovery assistance must be initiated by local government. The chief elected official of the jurisdiction must have declared a local State of Disaster before requesting disaster recovery assistance.
§7.42.Written Request Required.
Requests for recovery assistance
and/or a state
[
or
a gubernatorial
] disaster declaration
by the Governor
must
be made
by the local chief elected official
in writing
[
by the local chief elected official
] to the Governor of
Texas
through the Division of Emergency Management
. The
request must
indicate that the disaster is of such magnitude
that local resources are inadequate to deal with it and the affected
locality cannot recover without state and/or federal assistance. Request
should be transmitted to the Division by facsimile or courier
[
include a local state of disaster
].
§7.43.Supporting Information for a Request for Assistance.
The following should be attached to requests for assistance and/or for a state disaster declaration by the Governor.
(1) An estimate of the extent of damage sustained to public and private property, including homes and business and data on the number of people who are deceased, injured, or displaced. The Damage Summary Outline (form DEM-93), available from the Division of Emergency Management field staff and posted on the division's web site (http://www.txdps.state.tx.us/dem/pages/index/htm), should be used for this purpose.
(2) A copy of the local disaster declaration issued for the disaster.
§7.44.Joint Damage Assessments.
When a local government has requested state or federal disaster recovery assistance and/or a state disaster declaration, state and, where appropriate, federal emergency management officials will normally deploy to the affected area to conduct a joint damage assessment with local officials that will be used in developing state and federal disaster recovery program recommendations. Local governments are expected to make available personnel who are knowledgeable about the damages suffered by the community to participate in this effort.
§7.45.State and Federal Disaster or Emergency Declarations.
(a) After consultation with appropriate emergency management officials, the Governor may issue a state disaster declaration for a local, regional, or statewide emergency situation.
(b) The Governor may also request a federal major disaster or emergency declaration for the emergency situation, which would, if approved, activate certain federal disaster relief and recovery programs.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 16, 2007.
TRD-200703657
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 424-2135
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the repeal of Chapter 7, Subchapter D, §7.43 and §7.44, concerning Recovery And Rehabilitation Requirements.
The repeal of §7.43 is necessary in order to simultaneously propose a new §7.43 which describes the specific materials that should accompany a request for assistance and or state disaster declaration and where to get them.
Because the text of current §7.44 has been incorporated into §7.42, repeal of §7.44 is necessary in order to simultaneously file a new §7.44 explaining what happens after a request for assistance or state disaster declaration has been submitted to the state.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the repeals are in effect there will be no fiscal implications for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year period the repeals are in effect the public benefit anticipated as a result of enforcing the repeal will be rules that more accurately reflect policy and procedures relating to emergency management. There is no anticipated adverse economic effect on individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, the department is not required to complete a takings impact assessment regarding these rules.
Comments on the proposal may be submitted to Russ Lecklider, State Coordinator for Administration, Emergency Management Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0220, (512) 424-2437.
The repeals are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Government Code, §418.024, and §418.042.
Texas Government Code, §§411.004(3), 418.024, and 418.042 are affected by this proposal.
§7.43.Information Needed.
§7.44.Magnitude Described.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 16, 2007.
TRD-200703658
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: September 30, 2007
For further information, please call: (512) 424-2135