Texas Government Code Title 4, Chapter 418 - Emergency Management

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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.
• Texas Section 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...
• Texas Section 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,...
• Texas Section 418.004 - Definitions
  In this chapter: (1) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from...
• Texas Section 418.005 - Emergency Management Training
  (a) This section applies only to an elected law enforcement officer or county judge, or an appointed public officer of the state or of a...

SUBCHAPTER B POWERS AND DUTIES OF GOVERNOR

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 418.016 - Suspension Of Certain Laws And Rules
  (a) The governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 418.019 - Restricted Sale And Transportation Of Materials
  The governor may suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles. Acts 1987, 70th Leg., ch. 147, Sec....
• Texas Section 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...
• Texas Section 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...
• Texas Section 418.021 - Federal Aid For Local Government
  (a) On the governor's determination that a local government of the state has suffered or will suffer a substantial loss of tax and other revenue...
• Texas Section 418.022 - Aid For Individuals
  (a) On the governor's determination that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by...
• Texas Section 418.023 - Clearance Of Debris
  (a) Through the use of any state agency or instrumentality, the governor, acting through members of the Emergency Management Council, may clear or remove debris...
• Texas Section 418.024 - Rules
  The governor may adopt rules necessary for carrying out the purposes of this chapter, including rules on: (1) standards of eligibility for persons applying for...

SUBCHAPTER C TEXAS DIVISION OF EMERGENCY MANAGEMENT

• Texas Section 418.025 - Limited Purpose Declaration
  (a) If the governor determines that a disaster can be adequately addressed without invoking all the powers and duties provided by this subchapter, the governor...
• Texas Section 418.041 - Organization
  (a) The Texas Division of Emergency Management is a division of the department. (b) The division is managed by a chief appointed by the public...
• Texas Section 418.042 - State Emergency Management Plan
  Sec. 418.042. STATE EMERGENCY MANAGEMENT PLAN. (a) The division shall prepare and keep current a comprehensive state emergency management plan. The plan may include: (1)...
• Texas Section 418.0425 - State Emergency Management Plan Annex
  (a) In this section, "critical water or wastewater facility" means a facility with: (1) water supply, treatment, or distribution equipment that is essential to maintain...
• Texas Section 418.043 - Other Powers And Duties
  The division shall: (1) determine requirements of the state and its political subdivisions for food, clothing, and other necessities in event of a disaster; (2)...
• Texas Section 418.044 - Assistance In Development Of Local Plans
  (a) The division shall take an integral part in the development and revision of local and interjurisdictional emergency management plans. For that purpose, the division...
• Texas Section 418.045 - Temporary Personnel
  (a) The division may employ or contract with temporary personnel from funds appropriated to the division, from federal funds, or from the disaster contingency fund....
• Texas Section 418.046 - Assistance To Aviators
  (a) The division may provide assistance to private aviators, including partial reimbursement for funds expended, to meet the actual costs of aircraft operation in performing...
• Texas Section 418.0461 - Assistance To Civil Air Patrol
  The division may provide financial assistance to the Civil Air Patrol, Texas Wing, to support the wing's disaster-related activities that assist the state and state...
• Texas Section 418.047 - Communications
  (a) In cooperation with other state agencies, the division shall ascertain what means exist for rapid and efficient communication in times of disaster. (a-1) The...
• Texas Section 418.048 - Monitoring Weather
  The division shall keep continuously apprised of weather conditions that present danger of climatic activity, such as precipitation, severe enough to constitute a disaster. Acts...
• Texas Section 418.050 - Phased Reentry Plan
  (a) The division shall develop a phased reentry plan to govern the order in which particular groups of people are allowed to reenter areas previously...
• Texas Section 418.0501 - Reentry Credentialing Pilot Program
  (a) The division shall consider implementing a pilot program for a reentry credentialing process for reentry into areas previously evacuated because of a disaster or...
• Texas Section 418.051 - Communications Coordination Group
  (a) The communications coordination group shall facilitate interagency coordination and collaboration to provide efficient and effective planning and execution of communications support to joint, interagency,...

SUBCHAPTER D FINANCE

• Texas Section 418.052 - Use Of Funds To Support Certain Division Personnel
  The division may use appropriated funds to purchase food and beverages for division personnel who are: (1) activated to provide services in response to a...
• Texas Section 418.071 - State Policy
  It is the intent of the legislature and the policy of the state that funds to meet disaster emergencies always be available. Acts 1987, 70th...
• Texas Section 418.073 - Disaster Contingency Fund
  (a) The disaster contingency fund consists of money appropriated to the fund. (b) It is the intent of the legislature that in responding to an...

SUBCHAPTER E LOCAL AND INTERJURISDICTIONAL EMERGENCY MANAGEMENT

• Texas Section 418.074 - Acceptance And Allocation Of Gifts And Grants
  (a) If the federal government, another public or private agency, or an individual offers to the state or through the state to a political subdivision...
• Texas Section 418.101 - All Political Subdivisions Served
  (a) Each political subdivision is within the jurisdiction of and served by the division and by a local or interjurisdictional agency responsible for disaster preparedness...
• Texas Section 418.1015 - Emergency Management Directors
  (a) The presiding officer of the governing body of an incorporated city or a county or the chief administrative officer of a joint board is...
• Texas Section 418.102 - County Programs
  (a) Each county shall maintain an emergency management program or participate in a local or interjurisdictional emergency management program that, except as otherwise provided by...
• Texas Section 418.103 - Municipal Programs
  (a) The governor shall determine which municipal corporations need emergency management programs of their own and shall recommend that they be established and maintained. The...
• Texas Section 418.104 - Interjurisdictional Programs
  The governor may recommend that a political subdivision establish and maintain a program and form an interjurisdictional agency jointly with one or more other political...
• Texas Section 418.105 - Liaison Officers
  (a) Each city that does not have a program and has not made arrangements to secure or participate in the services of an existing program...
• Texas Section 418.106 - Local And Interjurisdictional Emergency Management Plans
  (a) Each local and interjurisdictional agency shall prepare and keep current an emergency management plan for its area providing for disaster mitigation, preparedness, response, and...
• Texas Section 418.107 - Local Finance
  (a) A political subdivision may make appropriations for emergency management services as provided by law for making appropriations for ordinary expenses. (b) Political subdivisions may...
• Texas Section 418.1075 - Suspension Of Deadlines Imposed By Local Law
  (a) Notwithstanding any other law, a deadline imposed by local law on a political subdivision, including a deadline relating to a budget or ad valorem...
• Texas Section 418.108 - Declaration Of Local Disaster
  (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster....
• Texas Section 418.109 - Authority To Render Mutual Aid Assistance
  (a) Repealed by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.08, eff. June 15, 2007. (b) Repealed by Acts 2007, 80th Leg., R.S., Ch....
• Texas Section 418.110 - Statewide Mutual Aid Program For Fire Emergencies
  (a) The division, in consultation with state fire protection agencies and the Texas Commission on Fire Protection, may develop a statewide mutual aid program for...
• Texas Section 418.1101 - Plan For Continuity Of Functions
  (a) The governing body of a political subdivision may at any time adopt a plan for the continuity of functions of the political subdivision to...

SUBCHAPTER E-1 TEXAS STATEWIDE MUTUAL AID SYSTEM

• Texas Section 418.1102 - Exception To Quorum Requirements
  (a) This section applies to a local governmental entity created and operating under the laws of this state, including a political subdivision, school district, or...
• Texas Section 418.111 - Creation Of The Texas Statewide Mutual Aid System
  (a) The Texas Statewide Mutual Aid System is established to provide integrated statewide mutual aid response capability between local government entities without a written mutual...
• Texas Section 418.112 - Administration By Division
  The division shall administer the system. In administering the system, the division shall encourage and assist political subdivisions in planning and implementing comprehensive all-hazards emergency...
• Texas Section 418.113 - Disaster Districts
  (a) This state is divided into disaster districts to engage in homeland security preparedness and response activities. The boundaries of the disaster districts coincide with...
• Texas Section 418.115 - Requesting And Providing Mutual Aid Assistance
  (a) A request for mutual aid assistance may be submitted verbally or in writing. If a request is submitted verbally, it must be confirmed in...
• Texas Section 418.1151 - Assessment Of Ability To Render Assistance
  (a) When contacted with a request for mutual aid assistance, a local government entity shall assess local resources to determine availability of personnel, equipment, and...
• Texas Section 418.1152 - Supervision And Control
  When providing mutual aid assistance under the system: (1) the response effort must be organized and function in accordance with the National Incident Management System...
• Texas Section 418.1153 - Duration Of Aid
  The provision of mutual aid assistance under the system may continue until: (1) the services of the responding local government entity are no longer required;...
• Texas Section 418.116 - Rights And Privileges
  (a) A person assigned, designated, or ordered to perform duties by the governing body of the local government entity employing the person in response to...
• Texas Section 418.117 - License Portability
  If the assistance of a person who holds a license, certificate, permit, or other document evidencing qualification in a professional, mechanical, or other skill is...
• Texas Section 418.118 - Reimbursement Of Costs: State Request Or Federal Disaster Declaration
  (a) The division shall administer all requests for reimbursement for costs associated with providing mutual aid assistance in response to a request made by the...

SUBCHAPTER F DISASTER MITIGATION

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER G CITIZEN DUTIES AND CLAIMS FOR COMPENSATION

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER H MISCELLANEOUS PROVISIONS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 418.190 - Agriculture Emergency Response Plan
  (a) In coordination with the division, the Department of Agriculture and the Texas Animal Health Commission shall prepare and keep current an agriculture emergency response...
• Texas Section 418.191 - Medical Special Needs Volunteers
  (a) An entity responsible for the care of individuals with medical special needs shall develop and distribute information on volunteering in connection with a disaster....
• Texas Section 418.192 - Communications By Public Service Providers During Disasters And Emergencies
  (a) In this section: (1) "Emergency" means a temporary, sudden, and unforeseen occurrence that requires action by a public service provider to correct the occurrence,...

Last modified: September 28, 2016