89S11069 JCG-D     By: King, Moody, Meyer, Martinez, Wilson, H.B. No. 1       et al.       A BILL TO BE ENTITLED   AN ACT   relating to disaster response and preparedness, including required   training for justices of the peace and responding to mass fatality   events; requiring a license; authorizing a fee.          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 autopsy referrals;                (2)  standards for identifying and documenting bodies;   and                (3)  best practices on:                      (A)  collecting and reporting data regarding   missing persons; and                      (B)  coordinating efforts with multiple   governmental agencies during mass fatality events.          (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.  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:                (1)  applies for an emergency manager license under   Subchapter M, Chapter 418; or                (2)  registers as a volunteer for governmental disaster   response or recovery operations under Subchapter N, Chapter 418.          (b)  Subject to Sections 411.087, 418.460, and 418.485 and   consistent with the public policy of this state, the Texas Division   of Emergency Management is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that relates to a person described by Subsection (a); 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).          (c)  The Texas Division of Emergency Management may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subsection (b)(1).  Criminal history record information obtained   by the Texas Division of Emergency Management under Subsection   (b)(2) 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)(2) 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 3.  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)  "Emergency manager" means a person who holds an   emergency manager license under this subchapter.                (2)  "Emergency manager license" means a license issued   under this subchapter and includes a basic, intermediate, or   advanced license.          Sec. 418.452.  ADMINISTRATOR; RULES; FEES. (a) The division   shall administer and enforce this subchapter.          (b)  The division may adopt rules to implement this   subchapter.          (c)  The division may adopt fees reasonable and necessary to   cover the costs of administering this subchapter.          Sec. 418.453.  DATABASE OF LICENSE HOLDERS. (a) 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 division 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 be   designated as an emergency management coordinator under Section   418.1015(c) 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 division in a form and   manner prescribed by the division;                (2)  demonstrate that the person meets eligibility   criteria under Section 418.457, 418.458, or 418.459; and                (3)  not be disqualified under Section 53.021(b),   Occupations Code.          (b)  The division shall issue a basic, intermediate, or   advanced emergency manager license, as appropriate, to an applicant   who meets the eligibility requirements prescribed by Subsection   (a).          Sec. 418.457.  BASIC EMERGENCY MANAGER LICENSE. To be   eligible for a basic 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 the division.          Sec. 418.458.  INTERMEDIATE EMERGENCY MANAGER LICENSE. To   be eligible for an intermediate emergency manager license, a person   must:                (1)  have at least five years of experience in a   position the duties of which primarily or substantially involved   emergency management; and                (2)  complete not less than 200 hours of training and   instruction on emergency management, which must consist of courses   provided or approved by the division.          Sec. 418.459.  ADVANCED EMERGENCY MANAGER LICENSE. To be   eligible for an advanced emergency manager license, a person must:                (1)  have at least 10 years of experience in a position   the duties of which primarily or substantially involved emergency   management; and                (2)  complete not less than 400 hours of training and   instruction on emergency management, which must consist of courses   provided or approved by the division.          Sec. 418.460.  AUTHORITY TO CONDUCT CRIMINAL HISTORY CHECK.   (a) The division 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 division may require an applicant to submit a complete and   legible set of fingerprints, on a form prescribed by the division,   to the division or to the department for the purpose of obtaining   criminal history record information from the department and the   Federal Bureau of Investigation.          (c)  The division may require the applicant to pay a fee to   cover any costs associated with conducting a criminal history check   under this section.          Sec. 418.461.  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, 418.458, or 418.459, including an emergency   management credential issued by another state.          Sec. 418.462.  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. 418.463.  EXPIRATION; CONTINUING EDUCATION; RENEWAL.   (a) An emergency manager license expires on the first anniversary   of the date the license is issued.          (b)  The division shall renew an emergency manager license if   an emergency manager:                (1)  completes not less than eight hours of continuing   education on emergency management provided or approved by the   division; and                (2)  submits an application for renewal to the division   on a form and in a manner prescribed by the division.          (c)  The division by rule may adopt a system under which   licenses expire on various dates during the year.          Sec. 418.464.  DENIAL; SUSPENSION; REVOCATION.  (a)  The   division may deny a license or renewal application or suspend or   revoke a license if a person violates this subchapter or any rule   adopted by the division under this subchapter.          (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. 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.          Sec. 418.485.  AUTHORITY TO CONDUCT CRIMINAL HISTORY CHECK.   (a) The division 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 to register as   a volunteer under this subchapter.          (b)  For purposes of conducting the criminal history check,   the division may require an applicant to submit a complete and   legible set of fingerprints, on a form prescribed by the division,   to the division or to the department for the purpose of obtaining   criminal history record information from the department and the   Federal Bureau of Investigation.          (c)  The division may require the applicant to pay a fee to   cover any costs associated with conducting a criminal history check   under this section.          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.          SECTION 4.  Chapter 1001, Health and Safety Code, is amended   by adding Subchapter M to read as follows:   SUBCHAPTER M. MASS FATALITY OPERATIONS          Sec. 1001.301.  MASS FATALITY OPERATIONS RAPID RESPONSE   TEAM. (a)  The department, in collaboration with the regional   advisory council of each trauma service area and 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 purpose 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. 1001.302.  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. 1001.303.  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. 1001.304.  COMMUNICATIONS PLAN. The department shall   develop and make available to state agencies and local governments   that respond to mass fatality events a communications plan that:                (1)  includes best practices on communicating with the   public and the media following a mass fatality event;                (2)  ensures consistency in communications among state   agencies and local governments; and                (3)  provides content and strategies for communicating   the medicolegal process of recovering bodies after a mass fatality   event.          Sec. 1001.305.  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 number and incident tagging;                (2)  tracking the chain-of-custody for a body and   associated personal effects;                (3)  storing in an easily retrievable manner   documentation of an autopsy and identification and release of a   body; and                (4)  providing real-time status updates and   notifications for close relatives of a victim of a mass fatality.          SECTION 5.  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 6.  (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)  Subchapter M, Chapter 418, Government Code, as added by   this Act, takes effect January 1, 2027.