89S20007 JCG-D     By: King H.B. No. 2       A BILL TO BE ENTITLED   AN ACT   relating to disaster preparedness, response, and recovery,   including required training for justices of the peace and   responding to mass fatality events; requiring a license;   authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 27, Government Code, is   amended by adding Section 27.0055 to read as follows:          Sec. 27.0055.  EDUCATIONAL REQUIREMENTS FOR CERTAIN   JUSTICES OF THE PEACE. (a)  This section applies only to a justice   of the peace of a county not served by a medical examiner.          (b)  The Department of State Health Services, in   collaboration with the Texas Division of Emergency Management,   shall develop a training program for justices of the peace on   managing mass fatality events. The training program must include:                (1)  decision-making protocols for ordering an   autopsy;                (2)  standards for identifying and documenting bodies;   and                (3)  best practices on:                      (A)  collecting and reporting data regarding   missing persons;                      (B)  coordinating efforts with multiple   governmental agencies during mass fatality events; and                      (C)  providing real-time status updates and   notifications for close relatives of a victim of a mass fatality   event.          (c)  For purposes of removal under Chapter 87, Local   Government Code, "incompetency" in the case of a justice of the   peace includes the failure of the justice to successfully complete   within one year after the date the justice is first elected the   training program developed under this section.          SECTION 2.  Section 411.1236, Government Code, is amended to   read as follows:          Sec. 411.1236.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS COMMISSION ON FIRE PROTECTION. (a) The Texas   Commission on Fire Protection is entitled to obtain as provided by   Subsection (a-1) [from the department] criminal history record   information [maintained by the department] that relates to a person   who is:                (1)  an applicant for or holder of a license issued   under Subchapter M, Chapter 418, or Chapter 419; or                (2)  an applicant for employment by or an employee of   the commission.          (a-1)  Subject to Sections 411.087 and 418.459 and   consistent with the public policy of this state, the Texas   Commission on Fire Protection is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to an applicant for or holder of a license   issued under Subchapter M, Chapter 418; and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (b)  The Texas Commission on Fire Protection may not release   or disclose to any person criminal history record information   obtained from the Federal Bureau of Investigation under Subsection   (a-1)(1). Criminal history record information obtained by the   Texas Commission on Fire Protection under Subsection (a-1)(2) [(a)]   may not be released to any person or agency except on court order or   with the consent of the person who is the subject of the criminal   history record information, or as provided by Subsection (c).          (c)  The Texas Commission on Fire Protection is not   prohibited from disclosing criminal history record information   obtained under Subsection (a-1)(2) in a criminal proceeding or in a   hearing conducted by the commission or by the State Office of   Administrative Hearings on behalf of the commission [if the   information is entered into evidence by the board in an   administrative, civil, or criminal hearing under Chapter 419].          (d)  The Texas Commission on Fire Protection shall destroy   criminal history record information that is obtained under this   section after the information is used for its authorized purpose.          SECTION 3.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.14104 to read as follows:          Sec. 411.14104.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS DIVISION OF EMERGENCY MANAGEMENT.  (a)  The   Texas Division of Emergency Management is entitled to obtain   criminal history record information as provided by Subsection (b)   that relates to a person who registers as a volunteer for   governmental disaster response or recovery operations under   Subchapter N, Chapter 418.          (b)  Subject to Sections 411.087 and 418.485 and consistent   with the public policy of this state, the Texas Division of   Emergency Management is entitled to obtain from the department or   any other criminal justice agency in this state criminal history   record information maintained by the department or that criminal   justice agency that relates to a person described by Subsection   (a).          (c)  Criminal history record information obtained by the   Texas Division of Emergency Management under Subsection (b) may not   be released or disclosed to any person except on court order or as   provided by Subsection (d).          (d)  The Texas Division of Emergency Management is not   prohibited from disclosing criminal history record information   obtained under Subsection (b) in a criminal proceeding.          (e)  The Texas Division of Emergency Management shall   destroy criminal history record information that is obtained under   this section after the information is used for its authorized   purpose.          SECTION 4.  Sections 418.005(a) and (b), Government Code,   are amended to read as follows:          (a)  This section applies only to:                (1)  an elected law enforcement officer [or county   judge,] or an appointed public officer of the state or of a   political subdivision, who has management or supervisory   responsibilities and:                      (A)  whose position description, job duties, or   assignment includes emergency management responsibilities; or                      (B)  who plays a role in emergency preparedness,   response, or recovery; [and]                (2)  an emergency management coordinator designated   under Section 418.1015(c);                (3)  a county judge;                (4)  a sheriff; and                (5)  a mayor of a municipality that is not covered by a   county's hazard mitigation plan [by the emergency management   director of a county with a population of 500,000 or more].          (b)  Each person described by Subsection (a) shall complete a   course of training provided or approved by the division of not less   than 16 [three] hours regarding the responsibilities of state and   local governments under this chapter every two years.  The initial   course of training must be completed not later than the 180th day   after the date the person:                (1)  takes the oath of office, if the person is required   to take an oath of office to assume the person's duties as a public   officer;                (2)  otherwise assumes responsibilities as a public   officer, if the person is not required to take an oath of office to   assume the person's duties; or                (3)  is designated as an emergency management   coordinator under Section 418.1015(c).          SECTION 5.  Chapter 418, Government Code, is amended by   adding Subchapters M and N to read as follows:   SUBCHAPTER M. EMERGENCY MANAGER LICENSES          Sec. 418.451.  DEFINITIONS. In this subchapter:                (1)  "Commission" means the Texas Commission on Fire   Protection.                (2)  "Emergency manager" means a person who holds an   emergency manager license under this subchapter.                (3)  "Emergency manager license" means a license issued   under this subchapter and includes a bridge, basic, intermediate,   advanced, or master license.          Sec. 418.452.  ADMINISTRATOR; RULES; FEES. (a) The   commission shall administer and enforce this subchapter.          (b)  The commission may adopt rules to implement this   subchapter.  The division shall adopt rules regarding the minimum   requirements for each type of license and the minimum requirements   for the continuing education necessary to renew an emergency   manager license in order to implement this subchapter.          (c)  The commission may adopt fees reasonable and necessary   to cover the costs of administering this subchapter.          Sec. 418.453.  DATABASE OF LICENSE HOLDERS. (a) The   commission, in coordination with the division, shall establish and   maintain records of each person who holds an emergency manager   license, including whether the license is valid and whether any   disciplinary proceeding is pending.          (b)  The commission shall make the records under this section   available to an emergency management director or the director's   associated governmental entity on request.          Sec. 418.454.  ADVISORY COMMITTEE. (a) The division may   establish an advisory committee to provide recommendations on the   implementation of this subchapter, including on the policies,   standards, and curriculum adopted under this subchapter.          (b)  If established, the committee consists of nine members   appointed by the division chief or the chief's designee and must   contain at least one emergency manager and a representative of a   governmental entity that employs or is associated with an emergency   manager.          (c)  Chapter 2110 does not apply to the advisory committee.          Sec. 418.455.  LICENSING REQUIREMENT. A person may not   serve as an emergency management coordinator under Section   418.1015(c) for a period that exceeds six months beginning the day   after the date on which the person was designated as an emergency   management coordinator, unless the person holds an emergency   manager license.          Sec. 418.456.  ELIGIBILITY FOR EMERGENCY MANAGER LICENSE;   ISSUANCE. (a) To be eligible for an emergency manager license, a   person must:                (1)  submit an application to the commission in a form   and manner prescribed by the commission;                (2)  demonstrate that the person meets eligibility   criteria under Section 418.457; and                (3)  not be disqualified based on the person's criminal   history, as described by Section 418.458.          (b)  The commission shall issue a bridge, basic,   intermediate, advanced, or master emergency manager license, as   appropriate, to an applicant who meets the eligibility requirements   prescribed by Subsection (a).          Sec. 418.457.  EMERGENCY MANAGER LICENSES. (a)  To be   eligible for a bridge emergency manager license, a person must   complete not less than 40 hours of training and instruction on   emergency management, which must consist of courses provided or   approved by division rule.          (b)  The division by rule shall establish the minimum   eligibility requirements for basic, intermediate, advanced, and   master emergency manager licenses, including any minimum hours of   training and instruction or years of experience performing the   duties of an emergency management coordinator.          Sec. 418.458.  INELIGIBILITY BASED ON CRIMINAL HISTORY. (a)     A person is not eligible for an emergency manager license if the   person has been convicted of or placed on deferred adjudication   community supervision for:                (1)  a felony; or                (2)  any offense that directly relates to the duties   and responsibilities of an emergency management coordinator, as   determined by the commission.          (b)  The commission, in consultation with the division, may   adopt rules specifying offenses, other than those described by   Subsection (a), a conviction or placement on deferred adjudication   community supervision for which would disqualify a person as not   eligible for an emergency manager license.          Sec. 418.459.  AUTHORITY TO CONDUCT CRIMINAL HISTORY CHECK.   (a) The commission may conduct a criminal history check, including   a check of any criminal history record information maintained by   the Federal Bureau of Investigation, in the manner provided by   Subchapter F, Chapter 411, on each person who applies for an   emergency manager license.          (b)  For purposes of conducting the criminal history check,   the commission may require an applicant to submit a complete and   legible set of fingerprints, on a form prescribed by the   commission, to the commission or to the department for the purpose   of obtaining criminal history record information from the   department and the Federal Bureau of Investigation.          (c)  The commission may require the applicant to pay a fee to   cover any costs associated with conducting a criminal history check   under this section.          Sec. 418.460.  ALTERNATIVE QUALIFICATIONS. The division by   rule may allow an applicant for an emergency manager license to   credit military experience, professional experience, education, or   another certification toward the eligibility requirements of   Section 418.457, including an emergency management credential   issued by another state.          Sec. 418.461.  PROVISION OR APPROVAL OF TRAINING REQUIRED.   The division shall provide or approve training, instruction, and   courses sufficient to enable a person to meet the licensing and   continuing education requirements under this subchapter.          Sec. 418.462.  EXPIRATION; CONTINUING EDUCATION; RENEWAL.   (a) An emergency manager license expires on the first anniversary   of the date the license is issued.          (b)  The commission shall renew an emergency manager license   if an emergency manager:                (1)  completes not less than 16 hours of continuing   education on emergency management provided or approved by division   rule; and                (2)  submits an application for renewal to the   commission on a form and in a manner prescribed by the commission.          (c)  The commission by rule may adopt a system under which   licenses expire on various dates during the year.          Sec. 418.463.  DENIAL; SUSPENSION; REVOCATION. (a) The   commission may deny the issuance or renewal of an emergency manager   license or suspend or revoke an emergency manager license if a   person violates this subchapter or any rule adopted by the division   or commission under this subchapter, including being disqualified   based on the person's criminal history.          (b)  A proceeding under this section is a contested case   under Chapter 2001.   SUBCHAPTER N. STATEWIDE VOLUNTEER MANAGEMENT SYSTEM          Sec. 418.481.  DEFINITIONS. In this subchapter:                (1)  "Local government" means a municipality, a county,   a special district or authority, or any other political subdivision   of this state.                (2)  "Volunteer management system" means the online   volunteer registration and management database established under   this subchapter.          Sec. 418.482.  ESTABLISHMENT OF SYSTEM. The division shall   establish and maintain a statewide volunteer registration and   management database to register, credential, and manage   individuals who volunteer to assist in disaster response or   recovery operations at the direction and under the supervision of a   state agency or local government.          Sec. 418.483.  SYSTEM REQUIREMENTS. The volunteer   management system must:                (1)  be made available online;                (2)  be maintained and updated regularly with a roster   of available volunteers;                (3)  be capable of making and coordinating volunteer   assignments among state, regional, and local governmental   entities; and                (4)  document the supervision of volunteers and the   resources available and necessary to support the volunteers.          Sec. 418.484.  USE OF SYSTEM REQUIRED; LIMITATIONS ON   REQUIRED REGISTRATION. (a) In this section:                (1)  "Community organization active in disaster" is a   nonprofit organization that regularly engages in disaster response   and recovery operations and regularly prepares for those   operations.                (2)  "Spontaneous volunteer" means an individual who:                      (A)  volunteers to assist in disaster response or   recovery; and                      (B)  is not affiliated with voluntary   organizations active in disaster or any community organization   active in disaster or with a governmental entity.                (3)  "Voluntary organizations active in disaster" is a   network of nonprofit organizations that coordinate to provide   disaster response or recovery services and may include community   organizations active in disaster.          (b)  The division and each state agency and local government   that deploys volunteers in disaster response or recovery operations   shall use the volunteer management system to:                (1)  credential and deploy the volunteers;                (2)  report in the system volunteer activity and   requests for assistance during periods when a disaster declaration   is in effect; and                (3)  coordinate volunteer programs by local   governments to ensure the programs align with state standards and   requirements.          (c)  Before the division, a state agency, or a local   government deploys a spontaneous volunteer to assist in disaster   response or recovery operations, the division, state agency, or   local government, as applicable, must ensure the spontaneous   volunteer is registered with the volunteer management system. An   individual who volunteers and is affiliated with a community   organization active in disaster or a member or affiliate   organization of voluntary organizations active in disaster may not   be required to register with the voluntary management system before   deployment.          (d)  The division may waive, wholly or partly, any   requirement of this section as necessary to facilitate an urgent   response to a disaster.          Sec. 418.485.  AUTHORITY TO CONDUCT CRIMINAL HISTORY CHECK.   The division may conduct a criminal history check, based on the   criminal history record information maintained by the department or   any other criminal justice agency in this state, on each person who   applies to register as a volunteer under this subchapter.          Sec. 418.486.  INELIGIBILITY TO REGISTER BASED ON CRIMINAL   HISTORY. The division may adopt rules for the denial of a person's   application to register in the volunteer management system based on   the person's criminal history and for purposes of ensuring public   safety and operational integrity.          Sec. 418.487.  RULES. The division shall adopt rules for   implementing this subchapter, including:                (1)  registration and renewal requirements for   volunteer registrations;                (2)  training and credentialing requirements for   particular disaster response or recovery operations that involve   specialized training or experience;                (3)  procedures for conducting a criminal history check   under Section 418.485; and                (4)  protocols for deploying volunteers and reporting   incidents.          Sec. 418.488.  FUNDS; GIFTS, GRANTS, AND DONATIONS.  (a)  The   division may use any available funds to implement this subchapter.          (b)  The division may seek and accept gifts, grants, and   donations to implement this subchapter.          Sec. 418.489.  AGREEMENTS. The division may enter into an   agreement with any public or private entity to support volunteer   mobilization efforts.          Sec. 418.490.  PROPERTY RIGHTS PROTECTED. Nothing in this   subchapter may be construed as prohibiting a real property owner   from:                (1)  consenting to allowing a volunteer onto the   owner's property; or                (2)  accepting assistance from the volunteer.          SECTION 6.  Subtitle A, Title 8, Health and Safety Code, is   amended by adding Chapter 675 to read as follows:   CHAPTER 675.  MASS FATALITY OPERATIONS          Sec. 675.001.  DEFINITION.  In this chapter, "department"   means the Department of State Health Services.          Sec. 675.002.  MASS FATALITY OPERATIONS RAPID RESPONSE TEAM.   (a) The department, in collaboration with the Texas Division of   Emergency Management, shall establish a mass fatality operations   rapid response team that immediately on the occurrence of a mass   fatality event assesses the geographic area where the event   occurred for the purposes of:                (1)  providing information regarding the mass fatality   event to public officials and employees who are conducting disaster   response or recovery operations, including justices of the peace,   emergency management directors and coordinators, and incident   commanders; and                (2)  facilitating early and appropriate activation of   mass fatality management resources.          (b)  The team required by Subsection (a) may be established   by interlocal contract.          Sec. 675.003.  INTEGRATION OF MASS FATALITY OPERATIONS   RESPONSE TEAM WITH SEARCH AND RESCUE OR RECOVERY OPERATIONS. Each   recognized search and rescue organization or recovery team, law   enforcement agency, fire department, including a volunteer fire   department, and emergency medical services provider shall   coordinate the efforts of the entity with the appropriate mass   fatality operations response team when deploying in response to a   mass fatality event for the purpose of ensuring coordination during   the recovery of human bodies and the use of proper documentation,   including chain-of-custody documentation.          Sec. 675.004.  INTEGRATION OF MASS FATALITY OPERATIONS   RESPONSE TEAM WITH FAMILY ASSISTANCE CENTERS. (a) In this section,   "family assistance center" is a facility established by a state   agency or local government following a mass fatality event to   coordinate the provision of support services and basic assistance   to individuals impacted by the mass fatality event, especially   close relatives of a victim of the event.          (b)  A state agency or local government that establishes a   family assistance center following a mass fatality event shall   coordinate efforts to provide services at the center with the   appropriate mass fatality operations response team.          Sec. 675.005.  MASS FATALITY DATA MANAGEMENT SYSTEM. (a)   The department shall develop and maintain a centralized fatality   tracking system for use when deploying a mass fatality operations   response team.          (b)  The system must be capable of:                (1)  assigning unique case numbers and incident   tagging;                (2)  tracking the chain-of-custody for a human body and   associated personal effects; and                (3)  storing in an easily retrievable manner   documentation of an autopsy and identification and release of a   human body.          SECTION 7.  A justice of the peace who holds office on the   effective date of this Act is not subject to removal as described by   Section 27.0055, Government Code, as added by this Act, for failure   to successfully complete the required training program until   December 1, 2026.          SECTION 8.  A person who, on the effective date of this Act,   is required to complete the training required by Section 418.005,   Government Code, as amended by this Act, shall complete that   training not later than the 180th day after the effective date of   this Act.          SECTION 9.  (a) Except as otherwise provided by this Act,   this Act takes effect on the 91st day after the last day of the   legislative session.          (b)  Section 418.455, Government Code, as added by this Act,   takes effect January 1, 2027.