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R92-11 04-27-92 RESOLUTION NO. R92-11 A R~SOLUTION OF THE CITY COUNCIL OF TN CITY OF PEAR- LAND, T~a(AS, UPDATING T~t~ E~KGENCY OPERATIONS PLAN. BE IT RESOLVED by the City Council of the City of Pearland, Texas, that the updated Emergency Operations Plan, as submitted by the Emergency Management Coordinator, be approved. PASSED, APPROVED and ADOPTED this ~__ day of ATTEST: citJ Secretary APPROVED AS TO FORM: Lester Rorick, City Attorney FOREWORD As Emergency Management Director, the Mayor is charged with the responsibility to develop and implement an Emergency Management plan in Pearland. The heaviest emphasis in the past was on preparedness and response to all risks: attack, man-made emergen- cies and natural disasters. Added emphasis is now placed on mitigation and recovery to round out the four phases of emergency management. The situations addressed by this plan are those in which the actions of many different agencies must be coordinated. This major coordination effort differs from those emergencies handled on a daily basis by local fire, law enforcement, and medical services personnel. This Emergency Management Plan attempts to be all inclusive in combining the four phases of management, which are 1) mitigation: those activities which eliminate or reduce the probability of disaster; 2 ) preparedness: those activities which governments, organizations, and individuals develop to save lives and minimize damage; 3) response: those activities that follow a disaster and are designed to prevent loss of lives and property and provide emergency assistance; and 4) recovery: short-and-long-term activ- ities which return all systems to normal or improved standards. DISTRIBUTION LIST Jurisdiction/Agency/Individual Number of Copies City of Pearland Emergency Management Director (Mayor) 1 Emergency Management Coordinator 1 Chief of Police 1 City Manager 1 Fire Chief 1 Rescue Officer 1 Finance Director Superintendent of Public Works 1 Human Resources Coordinator 1 City Attorney 1 Director of Public Utilities (Superintendent of Public Works) . 1 City Library 1 City Secretary 1 Transportation/Fleet Manager 1 Miscellaneous Regional Liaison Officer 1 American Red Cross 1 Salvation Army 1 Pearland Independent School District 1 Chairman, Brazoria County LEPC 1 Dr. David Armbruster, Health Officer 1 RECORD OF CHANGES Change Number and Date Date of Entry By Whom Entered TABLE OF CONTENTS PART ONE: BASIC PLAN Page PROMULGATION STATEMENT FOREWARD DISTRIBUTION RECORD OF CHANGES BASIC PLAN 1 I. AUTHORITY 1 II. PURPOSE 1 III. SITUATION AND ASSUMPTIONS 2 IV. CONCEPT OF OPERATIONS 2 General 2 Phases of Management 3 V. ORGANIZATION AND ASSIGNMENT OF RESPONSIBILITIES . . 4 General 4 Organization 4 Executive Group Responsibilities 4 Mayor 4 City Manager 5 Emergency Management Coordinator 5 Emergency Services ' Responsibilities 6 Warning 6 Communications 6 EOC/Direction and Control 7 Shelter/Mass Care 7 Page Radiological Protection 7 Evacuation 8 Fire 8 Law Enforcement 8 Health and Medical 9 Emergency Public Information 9 Damage Assessment 10 Public Works, Engineering 10 Utilities 11 Resource Management 11 Human Services 11 Transportation 12 Legal 12 Rescue 13 Hazard Mitigation 13 Other Agencies' Responsibilities 13 VI. DIRECTION AND CONTROL 14 General 14 Emergency Operations Center 14 Emergency Authority 14 VII. INCREASED READINESS CONDITIONS 15 VIII. CONTINUITY OF GOVERNMENT 18 Line of Succession 18 Preservation of Records 18 Page IX. ADMINISTRATION AND SUPPORT 18 Support 18 Agreements and Understandings 19 Records and Reports ; 19 Relief Assistance 19 Consumer Protection 19 X. PLAN DEVELOPMENT, MAINTENANCE, AND IMPLEMENTATION . 19 rm) TABLE OF CONTENTS PART TWO: BASIC PLAN ATTACHMENTS Pacte 1. References 21 2. State and Local Legal Documents Relating to Emergency Management 22 Tab 1 Tab 2 Tab 3 3. Organization for Emergencies 23 4. Functional Responsibility Matrix 24 5. Annex Assignment 25 6. Glossary of Terms 26 TABLE OF CONTENTS PART THREE: ANNEXES AND APPENDICES Page ANNEX A: WARNING A-1 ANNEX B: COMMUNICATIONS B-1 ANNEX C: SHELTER/MASS CARE C-I-1 C-II-1 ANNEX D: RADIOLOGICAL PROTECTION D-1 ANNEX E: EVACUATION E-1 ANNEX F: FIRE AND RESCUE F-1 ANNEX G: LAW ENFORCEMENT G-1 ANNEX H: HEALTH AND MEDICAL H-1 ANNEX I: EMERGENCY PUBLIC INFORMATION I-1 ANNEX J: DAMAGE ASSESSMENT J-1 ANNEX K: PUBLIC WORKS, ENGINEERING K-1 ANNEX L: UTILITIES L-1 ANNEX M: RESOURCE MANAGEMENT M-1 ANNEX N: EOC/DIRECTION AND CONTROL N-1 ANNEX 0: HUMAN SERVICES 0-1 ANNEX P: HAZARD MITIGATION P-1 ANNEX Q: HAZARDOUS MATERIALS RESPONSE Q-1 ANNEX R: RESCUE R-1 ANNEX S: TRANSPORTATION S-1 ANNEX T: TRAINING T-1 ANNEX U: LEGAL U-1 (1111 0 BASIC PLAN I. AUTHORITY This plan applies to and has been approved by the City of Pearland. The organizational and operational concepts set forth in this plan are promulgated under the following authorities: A. Federal 1. Federal Civil Defense Act of 1950 , PL 81-920 as amended 2. The Disaster Relief Act of 1974, PL 93-288 as amended 3 . Emerciencyr Management and Assistance, Code of Federal Regulations, Title 44 B. State 1. The Texas Disaster Act of 1975, 64th Legislature, Article 6889-7, Vernon' s Texas Civil Statutes as amended 2. Executive Order of the Governor 3. Attorney General Opinion MW-140 C. Local 1. Chapter 8, Civil Defense, of the Pearland Code of Ordinances II. PURPOSE This plan seeks to mitigate the effects of a hazard, to prepare for measures to be taken which will preserve life and minimize damage, to respond during emergencies and provide necessary assistance, and to establish a recovery system in order to return the community to its normal state of affairs. This plan attempts to define in a straightforward manner who does what, when, where, and how in order to mitigate, prepare for, respond to, and recover from the effects of war, natural disaster, technological accidents, and other major incidents. 1 III. SITUATIt A AND ASSUMPTIONS A. Situation Pearland is exposed to many hazards, all of which have the potential for disrupting the community, causing damage, and creating casualties. Possible natural hazards include hurricanes, floods, tornadoes, fires, and winter storms. There is also the threat of a war- related incident such as a nuclear, biochemical, or conventional attack. Other disaster situations could develop from a hazardous materials accident, conflagra- tion, major transportation accident, terrorism or civil disorder. Additional detail is provided in the Pearland Hazards Analysis/Identification. B. Assumptions 1. Pearland will continue to be exposed to the hazards noted above as well as others which may develop in the future. 2. Outside assistance will be available in most emer- gency situations affecting this city. Although this plan defines procedures for coordinating such assistance, it is essential for Pearland to be pre- pared to carry out disaster response and short-term actions on an independent basis. 3 . It is possible for a major disaster to occur at any time, and at any place in the City. In some cases, dissemination of warning and increased readiness measures may be possible. However, many disasters and events can, and will, occur with little or no warning. 4. Local government officials recognize their respon- sibilities for the safety and well-being of the public and will assume their responsibilities in the implementation of this emergency management plan. 5. Proper implementation of this plan will reduce or prevent disaster related losses. IV. CONCEPT OF OPERATIONS A. General It is the responsibility of government to protect life and property from the effects of hazardous events . Local government has the primary responsibility for emergency management activities. This plan is based upon the concept that the emergency functions for various agencies/organizations involved in emergency 2 management will generally parallel normal day-to-day functions. To the extent possible, the same personnel and material resources will be employed in both cases. Day-to-day functions that do not contribute directly to the emergency may be suspended for the duration of any emergency. The efforts that would normally be required for those functions will be redirected to the accomplishment of emergency tasks by the agency concerned. A local state of disaster may be declared by the pre- siding officer of Pearland. The effect of the declara- tion is to activate the recovery and rehabilitation aspects of the plan and to authorize the furnishing of aid and assistance. When the emergency exceeds local government capability to respond, assistance will be requested from neighboring jurisdictions and/or the state government. B. Phases of Management This plan follows an all-hazard approach and acknow- ledges that most responsibilities and functions per- formed during an emergency are not hazard specific. Likewise, this plan accounts for activities before and after, as well as during emergency operations; conse- quently , all phases of emergency management are addressed as shown below. 1. Mitigation Mitigation activities are those which eliminate or reduce the probability of a disaster occurring. Also included are those long-term activities which lesson the undesirable effects of unavoidable hazards. 2. Preparedness Preparedness activities serve to develop the response capabilities needed in the event an emergency should arise. Planning and training are among the activities conducted under this phase. 3 . Response Response is the actual provision of emergency services during a crisis. These activities help to reduce casualties and damage and to speed recovery. Response activities include warning, evacuation, rescue, and other similar operations. 4. Recovery Recovery is both a short-term and long-term 3 611) process. Short-term oper' tions seek to restore vital services to the community and provide for the basic needs of the public . Long-term recovery focuses on restoring the community to its normal, or improved, state of affairs. The recovery period is also an opportune time to institute mitigation measures, particularly those related to the recent emergency. Examples of recovery actions would be temporary housing and food, restoration of non- vital government services, and reconstruction of damaged areas. V. ORGANIZATION MID ASSIGNMENT OF RESPONSIBILITIES A. General The Mayor is responsible for emergency management planning and operation for the City of Pearland. Most of the departments within the City have emergency functions in addition to their normal duties. Each department is responsible for developing and maintaining their own emergency management procedures. Specific responsibilities are outlined below under the section entitled Task Assignments as well as in indivi- dual annexes. Attachment 3 details how the City is organized for emergencies. Attachments 4 and 5 illus- trate functional responsibilities and annex assignment, respectively. B. Organization 1. Executive Group The Executive Group is referred to in this plan as a single body but, in fact, has several components with representation from each local political jurisdiction within the emergency management pro- gram. Each group is responsible for the activities conducted within their respective jurisdictions. The members of the Group include both elected and appointed executives with certain legal responsibilities such as : the Mayor and Council members, City Manager, and Emergency Management Coordinator. 2. Emergency Services These groups include those services required for an effective emergency management program. C. Executive Group Responsibilities: 1. The MAYOR is primarily responsible for: 4 a. Directing the overall preparedness program for the City. b. Making emergency policy decisions. c. Declaring a state of emergency when necessary. d. Implementing the emergency powers of local government ( See Section VIC , Emergency Authority) . e. Keeping the public and the Disaster District informed of the situation (with the assistance of the Public Information Officer) . f . Requesting outside assistance when necessary (either from the Disaster District or from other jurisdictions in accordance with existing Mutual Aid Agreements) . 2. The CITY MANAGER is responsible for: a. Assuring that all city departments develop, maintain, and exercise their respective service annexes to this plan. b. Supporting the overall preparedness program in terms of its budgetary and organizational requirements. c. Serving as controller of the EOC during its activation. d. Implementing the policies and decisions of the governing body. e. Directing the emergency operational response of city services. f. Prepare and maintain Annex N (EOC/Direction and Control) to this plan and supporting Standing Operating Procedures (SOPs) . 3 . The EMERGENCY MANAGEMENT COORDINATOR is responsible for: a . Serving as staff advisor to the mayor on emergency matters. b. Coordinating the planning and preparedness activities of the government and maintenance of this Plan. c. Analyzing the emergency skills needed by the city forces and arranging the training 5 necessary to provide thcise skills. d. Preparing and maintaining a resource inventory. e. Ensuring the operational capability of the EOC. f. EOC activation. g. Keeping the governing body apprised of the City preparedness status and anticipated needs. h. Serving as day-to-day liaison between the City and state emergency management organizations. i. Maintaining liaison with organized emergency volunteer groups and private agencies. j . Initiating and monitoring the increased readi- ness actions among the city services when disaster threatens (Refer to Section VII , Increased Readiness Conditions) . k. Prepare and maintain Annex T (Training) to this plan and supporting Standing Operating Procedures (SOPS) . D. Emergency Services' Responsibilities: Assigned to: 1. WARNING Chief of Police a. Disseminate emergency public information as requested. b. Receive and disseminate warning information to the public and key city officials. c. Prepare and maintain Annex A (Warning) to this plan and supporting Standing Operating Procedures (SOPS) . 2. COMMUNICATIONS Chief of Police a. Establish and maintain Emergency Communication System. b. Coordinate use of all public and private communication systems necessary during emergencies (including EMS) . c. Manage and coordinate all emergency communication operations within the EOC once activated. d. Prepare and maintain Annex B (Communications) to this plan and supporting Standing Operating 6 Procedures (SOPs) . 3 . EOC/DIRECTION AND CONTROL City_ Manager a. Direct and control local operating forces. b. Maintain contact with support EOCs, neighbor- ing jurisdictions, and Disaster District EOC. c. Maintain EOC in an operating mode at all times or be able to convert EOC space into an operating condition. d. Assign representatives by title to report to the EOC and develop procedures for crisis training. e. Develop and identify duties of staff, use of displays and message forms and procedures for EOC activation. f. Prepare and maintain Annex N (EOC/Direction and Control) and supporting Standing Operating Pro- cedures (SOPS) . 4. SHELTER/MASS CARE Community Services Director a. Maintain the Community Shelter Plan (CSP) . b . Supervise the Shelter Management program (stocking, marking, equipping, etc. ) for natu- ral disaster and/or fallout shelters. c. Coordinate support with other city departments, relief agencies and volunteer groups. d. Prepare and maintain Annex C (Shelter/Mass Care) and supporting Standing Operating Pro- cedures (SOPS) . 5. RADIOLOGICAL PROTECTION Fire Marshal a. Establish and maintain a radiological monitor- ing and reporting network. b. Secure initial and refresher training for instructors and monitors. c. Provide input to the statewide monitoring and reporting system. d. Under fallout conditions, provide city officials and department heads with information on fallout rates, fallout projections, and allowable doses. 7 e. Coordinate radiological monitoring throughout the city. f. Provide monitoring services and advice at the scene of accidents involving radioactive materials. g. Prepare and maintain Annex D (Radiological Pro- tection) to this plan and supporting Standing Operating Procedures (SOPS) . 6. EVACUATION Emergency Management Coordinator a. Define responsibilities of city departments and private sector groups. b. Identify high hazard areas and number of potential evacuees. c. Coordinate evacuation planning to include: (1) Movement control (2) Health/medical requirements (3) Transportation needs (4) Emergency Public Information materials (5) Shelter/Reception d. Prepare and maintain Annex E (Evacuation) to this plan and supporting Standing Operating Procedures (SOPS) . 7. FIRE Fire Chief a. Fire prevention b. Fire suppression co Inspection of damaged area for fire hazards d. Hazardous spills containment and clean-up e. Inspection of shelters for fire hazards f. Prepare and maintain Annex F (Fire, Rescue) and Annex Q (Hazardous Materials Response) to this plan and supporting Standing Operating Procedures (SOPs) . 8. LAW ENFORCEMENT Chief of Police a. Law enforcement 8 (1111 n. Traffic control c. Crowd control d. Isolation of damaged area e. Damage reconnaissance and reporting f. Explosive ordnance reconnaissance g. Weather reconnaissance h. Disaster area evacuation i. Prepare and maintain Annex G (Law Enforcement) to this plan and supporting Standing Operating Procedures (SOPS) . 9. HEALTH AND MEDICAL Health Officer a. Coordinate planning efforts of hospital and other health facilities with city planning requirements. b. Coordinate patient loads of health facilities during emergencies. c. Coordinate triage and first aid activities immediately after disaster strikes, including EMS. d. Develop emergency health and sanitation standards and procedures. e. Prepare and maintain Annex H (Health and Medical) to this plan and supporting Standing Operating Procedures (SOPs) . 10. EMERGENCY PUBLIC INFORMATION Emergency Management Coordinator a. Conduct on-going hazard awareness and public education programs. b. Compile and prepare emergency information for the public in case of emergency. c. Arrange for media representatives to receive regular briefings on the city status during extended emergency situations. d. Secure printed and photographic documentation of the disaster situation. e. Handle unscheduled inquiries from the media and 9 the public. f. Prepare and maintain Annex I (Emergency Public Information) to this plan and supporting Standing Operating Procedures (SOPS) . 11. DAMAGE ASSESSMENT Finance Director/Tax Collector a. Establish a damage assessment team from among city departments with assessment capabilities and responsibilities. b. Train and provide damage plotting team to EOC. c. Develop systems for reporting and compiling information on deaths, injuries, dollar damage to tax-supported facilities and to private property. d. Assist in determining geographic extent of damaged area. e. Compile estimates of damage for use by city officials in requesting disaster assistance. f. Evaluate effect of damage on city economic index, tax base, bond ratings, insurance ratings, etc. , for use in long-range recovery planning. g. Prepare and maintain Annex J (Damage Assess- ment) to this plan and supporting Standing Operating Procedures (SOPS) . 12. PUBLIC WORKS , ENGINEERING Superintendent of Public Works a. Barricading of hazardous areas. b. Priority restoration of streets and bridges. c. Protection and/or restoration of waste treat- ment and disposal systems. d. Augmentation of sanitation services. e. Assessment of damage to streets, bridges, traffic control devices, waste water treatment system, and other public works facilities. f. Debris removal. g. Assessment of damage to city owned facilities. h. Condemnation of unsafe structures. 10 ' 1. Direct temporary -repair of essential facilities. j . Prepare and maintain Annex K (Public Works, Engineering) to this plan and supporting Stand- ing Operating Procedures (SOPs) . 13 . UTILITIES Superintendent of Public Works a. Priority restoration of electrical service to vital facilities. b. Provision of emergency power sources as required. c. Coordination of private utilities recovery activities. d. Restoration of water treatment and supply services. e. Damage assessment and identification of recovery times for affected utility systems. f. Prepare and maintain Annex L (Utilities) to this plan and supporting Standing Operating Procedures (SOPS) . 14. RESOURCE MANAGEMENT City Manager a. Establish procedures for employing temporary personnel for disaster operations. b. Establish and maintain a manpower reserve. c. Coordinate deployment of reserve personnel to city departments requiring augmentation. d. Establish emergency purchasing procedures and/or a disaster contingency fund. e. Maintain records of emergency-related expendi- tures for purchases and personnel f. Prepare and maintain Annex M (Resource Manage- ment) to this plan and supporting Standing Operating Procedures (SOPS) 15. HUMAN SERVICES Community Services Director a. Identify emergency feeding sites. b . Identify sources of clothing for disaster victims. c. Secure source of emergency food supplies. 11 d. Coordinate operations of shelter facilities, whether they are operated by the city, local volunteers , or organized disaster relief agencies such as American Red Cross. e . Coordinate special care requirements for sheltered groups such as unaccompanied children, the aged, and others. f. Prepare and maintain Annex 0 (Human Services) to this plan and supporting Standing Operating Procedures (SOPs) . 16. TRANSPORTATION Transportation/Fleet Manager a. Identify local transportation resources and arrange for their use in emergencies. b. Coordinate deployment of transportation "equip= ment to city services requiring augmentation. c . Establish and maintain a reserve pool of drivers , ; maintenance personnel , parts and tools. d. Maintain records on use of privately-owned transportation equipment and personnel for pur- pose of possible reimbursement. e. Prepare and maintain Annex S (Transportation) to this plan and supporting Standing Operating Procedures (SOPS) . 17. LEGAL City Attorney a. Advise city officials on emergency powers of local government and necessary procedures for invocation of measures to: (1) implement wage, price and rent controls. (2) establish rationing of critical resources. (3) establish curfews. (4) restrict or deny access. (5) specify routes of egress. (6 ) limit or restrict use of water or other utilities. ( 7 ) use any publicly or privately owned resource with or without payment to the 12 owner. (8) remove debris from publicly or privately owned property. b. Review and advise city officials on possible liabilities arising from disaster operations, including the exercising of any or all of the above powers. c. Prepare and/or recommend legislation to imple- ment the emergency powers which may be required during an emergency. d. Advise city officials and department heads on record keeping requirements and other documen- tation necessary for the exercising of emergency powers. e. Prepare and maintain Annex U (Legal) to this plan and supporting Standing Operating Procedures (SOPs) . 18. RESCUE Fire .Chief a. Coordinate search and rescue activities. b. Maintain a reserve pool of manpower and equip- ment for rescue purposes. c. Prepare and maintain Annex F (Rescue) to this plan and supporting Standing Operating Proce- dures (SOPS) . 19. HAZARD MITIGATION Emergency Management Coordinator a. Overall management of the hazard mitigation program. b. Prepare and maintain Annex P (Hazard Mitigation) to this plan and supporting Standing Operating Procedures (SOPs) . E. Other Agencies° Responsibilities Other city department and agency heads not assigned a specific function in this plan will be prepared to make their resources available for emergency duty at the direction of the Mayor. 13 VI. DIRECTION AND CONTROL A. General The Mayor, as Emergency Management Director for the City, is responsible for assuring that coordinated and effective emergency response systems are developed and maintained. Existing agencies of government will perform emergency activities closely related to those they perform routinely. Specific positions and agencies are responsible for ful- filling their obligations as presented in the Basic Plan and individual annexes. As EOC controller, the Mayor will provide overall direction of the response activities within each department. Department heads will retain control over their employees and equipment unless directed otherwise by the Emergency Management Director. Each agency will be responsible for having its own standing operating procedures to be followed during response operations. Outside assistance, whether from other political jurisdic- tions or from organized volunteer groups, will be requested and used only as an adjunct to existing city services, and only when the emergency situation threatens to expand beyond the city response capabilities. Requests for state or federal assistance are covered in SECTION IX. B. Emergency Operating Center (EOC) Response activities will be coordinated from the Emergency Operating Center, which is located at 2010 Old Alvin Road. The EOC will be activated upon notification of a possible or actual emergency. EOC responsibilities and activation procedures are addressed in Annex N (EOC/Direction and Control ) . During emergency situations certain agencies will be required to relocate to the EOC. During large scale emergencies the EOC will in fact become the seat of government for the duration of the crisis. C. Emergency Authority 1. A compilation of primary state and local legal documents pertaining to emergency management is shown in Attach- ment 2 . 2. In accordance with Section 8(g) of the Texas Disaster Act of 1975, as amended, the Mayor may take extra- ordinary measures in the interest of effective emergency management. Procedures associated with emergency powers are contained in Annex U (Legal) . These powers include but are not limited to: a. Declaration of a local state of disaster. 14 4114) b. wage, price and rent controls and other economic stabilization measures. c. Curfews , blockades , and limitations on utility usage. d. Rules governing ingress and egress to the affected area. 3 . All physical resources within the City, whether publicly or privately owned, may be utilized when deemed necessary by the Mayor. The City assumes no financial or civil liability for the use of such resources; how- ever, accurate records of such use will be maintained in case reimbursement becomes possible. 4 . As provided in the Texas Disaster Act of 1975 , as amended, and the Executive Order of the Governor, the Mayor may exercise the same powers, on an appropriate local scale, granted to the governor. VII. INCREASED READINESS CONDITIONS A. Most emergencies follow some recognizable build-up period during which actions can be taken to achieve a state of maximum readiness. General departmental actions are outlined in the appropriate annex while specific actions will be detailed in the SOP's. B. The following INCREASED READINESS CONDITIONS will be used as a means of increasing the City alert posture. 1. CONDITION 4: The term "CONDITION 4" will be used by the City to denote a situation that causes a higher degree of readiness than is normally present. a. "CONDITION 4" actions could be triggered by the onset of a particular hazard vulnerability season such as: Hurricane season, Tornado season, Flash Flood season, Fire threats due to severe drought, etc. b. An increase in international tensions could also trigger a "CONDITION 4. " c. The potential for local civil unrest could also trigger a "CONDITION 4. " d. Declaration of "CONDITION 4" by the Emergency Management Director/Coordinator will generally require the initiation of the increased readiness activities identified in each Annex. 2. CONDITION 3 : The term "CONDITION 3" will be used by the City to refer to a situation which presents a greater 15 potential threat than "CONDITION 4" , but poses no immediate threat to life and/or property. This condi- tion includes situations that could develop into a hazardous condition. a. "CONDITION 3" actions could be generated by severe weather watch information issued by the National Weather Service such as: ( 1) Hurricane Watch: Issued whenever a hurricane becomes a possible threat to a coastal area. (2) Tornado Watch: Issued to alert persons to the possibility of tornado development in a speci- fied area, for a specified period of time. Persons in watch areas should maintain their daily routine but be prepared to respond to a tornado warning. (3) Flash Flood Watch: Issued to alert persons to the possibility of flash flooding in a desig- nated area due to heavy rains occurring or expected to occur. Persons should remain alert and be prepared to take immediate ac- tion. ( 4 ) Winter Storm Watch: Issued when there is a threat of severe winter weather in a particu- lar area. b. "CONDITION 3" actions could be generated when the international situation has deteriorated to the point that enemy attack is a possibility. This condition probably would allow sufficient time for an orderly evacuation and/or preparation of shel- ters. c. "CONDITION 3" actions could also be generated when small-scale, localized civil unrest is present. d. Declaration of "CONDITION 3 " by the Emergency Management Director/Coordinator will generally require the initiation of the increased readiness activities identified in each Annex. 3 . CONDITION 2 : The term "CONDITION 2" will be used by the City to signify a hazardous situation with a significant potential and probability of causing loss of life and/or property. This condition will normally require some degree of warning to the public. a. "CONDITION 2" actions could be triggered by severe weather warning information issued by the National Weather Service such as: ( 1) Hurricane Warning: Issued when hurricane con- ditions are expected in a specified coastal 16 (6641 area in 24 hours or less. Hurricane conditions include: (a) Sustained winds of 74 mph or higher and/or (b) Dangerously high water or a combination of dangerously high water and exceptionally high waves, even though expected winds may be less than hurricane force. ( 2 ) Tornado Warning: Issued when a tornado has actually been sighted in the area or indicated by radar, and may strike in the vicinity of the city. (3 ) Flash Flood Warning: Issued to alert persons that flash flooding is imminent or occurring on certain streams or designated areas, and imme- diate action should be taken. (4) Winter Storm Warning: Issued when heavy snow ( 4 inches or more in a 12 hour period or 6 inches or more in a 24 hour period) , sleet, or freezing rain are forecast to occur separately or in a combination. b. "CONDITION 2" actions could be generated when the international situation has deteriorated to the point that enemy attack is probable. This condition may/may not allow sufficient time for an orderly evacuation. c . "CONDITION 2" actions could also be triggered by civil disorder with relatively large-scale localized violence. d. Declaration of "CONDITION 2 " by the Emergency Management Director/Coordinator will generally require the initiation of the increased readiness activities identified in each Annex. 4. CONDITION 1: The term "CONDITION 1" will be used by the city to signify that hazardous conditions are imminent. This condition denotes a greater sense of danger and urgency than associated with a "CONDITION 2" event. a. "CONDITION 1" actions could also be generated by severe weather warning information issued by the National Weather Service combined with factors making the event more imminent, such as: (1) Hurricane landfall predicted in 12 hours or less. (2) Tornado sighted especially close to a populated 17 rml) area or moving in the path of a populated area. (3 ) Flooding is imminent or occurring at specific locations. b. "CONDITION 1" actions could be generated when an enemy attack is imminent based upon the evaluation of intelligence data. This warning (ATTACK WARNING) is declared and disseminated by the FEMA National Warning Center over the FEMA National Warning System (NAWAS) . c. "CONDITION 1" actions could also be implemented when civil disorder precipitates large-scale and wide- spread violence. d. Declaration of "CONDITION 1" by the Emergency Management Director/Coordinator will generally require the initiation of the increased readiness activities identified in each Annex. VIII. CONTINUITY OF GOVERNMENT A. Line of Succession 1. Line of Succession to the Mayor will be the Mayor Pro Tem followed by the City Council members in order of their seniority to the Council. 2. Line of succession to each department head is according to the Standing Operating Procedures established by each department. B. Preservation of Records In order to provide normal government operations following a disaster, vital records must be protected. These would include legal documents, as well as personal documents such as property deeds and tax records. The principal causes of damage to records are fire and water; therefore, essential records should be protected accordingly. IX. ADMINISTRATION AN]) SUPPORT A. Support Requests for state or federal assistance, including the Texas National Guard or other military services, will be made to the District Disaster Committee in Pierce. Texas. All requests will be made by the Mayor or by another 18 4115 official duly authorized by the Mayor. B. Agreements and Understandings Should local resources prove to be inadequate during an emergency, requests will be made for assistance from other local jurisdictions and other agencies in accordance with existing or emergency negotiated mutual-aid agreements and understandings . Such assistance may take the form of equipment , supplies , personnel or other available capabilities. All agreements will be entered into by duly authorized officials and will be formalized in writing whenever possible. C. Reports and Records Required reports will be submitted to the appropriate authorities in accordance with individual annexes. D. Relief Assistance All individual relief assistance will be provided in accordance with the policies set forth in state and federal provisions. E. Consumer Protection Consumer complaints pertaining to alleged unfair or illegal business practices will be referred to the State Attorney General's Protection Division. X. PLAN DEVELOPMENT, MAINTENANCE, AND IMPLEMENTATION A. If a plan is to be effective, its contents must be known and understood by those who are responsible for its imple- mentation. The Director/Coordinator will brief the appro- priate public/private officials concerning their role in emergency management and ensure proper distribution of the plan and changes thereto. B. All agencies will be responsible for the development and maintenance of their respective annexes and SOP ' s identified in SECTION V, Organization and Assignment of Responsibilities. C. The Director/Coordinator will be responsible for insuring that an annual review of the plan is conducted by all officials involved and that the plan is recertified biennially by the chief elected official. D . The plan will be updated , as necessary , based upon deficiencies identified by drills and exercises, changes in local government structure, technological changes, etc. The Director/Coordinator will incorporate approved changes to the plan and will forward changes to all organizations 19 and inaviduals identified as having responsibility for implementation. Revised pages will be dated and marked to show where changes have been made . The plan will be activated at least once a year in the form of a simulated emergency in order to provide practical experience to those having EOC responsibilities. E. This plan supersedes and rescinds all previous editions of the City of Pearland Emergency Management Plan and is effective upon signing by the Mayor. If any portion of this plan is held invalid by judicial or administrative ruling, such ruling shall not affect the validity of the remaining portions of the plan. 2/ct)1- (Date) (Mayor) 20 ATTACHMENT 1 REFERENCES Federal Emergency Management Agency (FEMA) , 1984. Federal Assistance Handbook: Emergency Management, Direction and Control Programs, CPG 1-3 . FEMA, 1984. Objectives for Local Emergency Management, CPG_1-5. FEMA, 1981. Disaster Operations, CPG_1-6. FEMA, 1981. Guide for Increasing Local Government Civil Defense Readiness During Periods of International Crisis, CPG_1-7. FEMA, 1985. Guide for Development of State and Local Emergency Operations Plans. Texas Department of Public Safety, Division of Emergency Management, 1985. Local Emergency Management Plan Development Handbook, DEM-10. Governor's Division of Emergency Management, 1984. State of Texas Emergency Management Plan. 21 CHAPTER 418.- EMERGENCY MANAGEMENT SUBCHAPTER A. GENERAL PROVISIONS Sec. 418.001 . Short Title. 418.002. Purposes. 418.003. Limitations. 418.004. Definitions. (Sections 418.005 to 418.010 reserved for expansion) SUBCHAPTER B. POWERS AND DUTIES OF GOVERNOR 418.011. Responsibility of Governor. 418.012. Executive Orders. 418.013. Emergency Management Council . 418.014. Declaration of State of Disaster. 418.015. Effect of Disaster Declaration. 418.016. Suspension of Procedural Laws and Rules. 418.017. Use of Public and Private Resources. 418.018. Movement of People. 418.019. Restricted Sale and Transportation of Materials. 418.020. Temporary Housing. 418.021. Federal Aid for Local Government. 418.022. Aid for Individuals. 418.023. Clearance of Debris. 418.024. Rules. (Sections 418.025 to 418.040 reserved for expansion) SUBCHAPTER C. DIVISION OF EMERGENCY MANAGEMENT 418.041 . Organization. 418.042. State Emergency Management Plan. 418.043. Other Powers and Duties. 418.044. Assistance in Development of Local Plans. 418.045. Temporary Personnel. 418.046. Assistance to Aviators. 418.047. Communications. 418.048. Monitoring Weather; Suspension of Weather Modification. (Sections 418.049 to 418.070 reserved for expansion) SUBCHAPTER 0. FINANCE 418.071. State Policy. 418.072. Disaster Emergency Funding Board. 418.073. Disaster Contingency Fund. 418.074. Acceptance and Allocation of Gifts and Grants. (Sections 418.075 to 418.100 reserved for expansion) TAB 1 1 SUBCHAPTER E. LOCAL AND INTERJURISDICTIONAL EMERGENCY MANAGEMENT 418.101 . All Political Subdivisions Served. 418.102. County Programs. 418.103. Municipal Programs. 418.104. Interjurisdictional Programs. 418.105. Liaison Officers. 418.106. Local and Interjurisdictional Emergency Management Plans. 418.107. Local Finance. 418.108. Declaration of Local Disaster. 418.109. Mutual Aid. (Sections 418.110 to 418.120 reserved for expansion) SUBCHAPTER F. DISASTER PREVENTION 418.121 . Duty of Governor. 418.122. State Study of Land Use and Construction Standards. 418.123., Recommendations for Changes in Land Use or Construction Standards. 418.124. Suspension of Land Use or Construction Standards. (Sections 418.125 to 418.150 reserved for expansion) SUBCHAPTER G. CITIZEN DUTIES AND CLAIMS FOR COMPENSATION • 418.151. Citizen Duties. 418.152. Compensation for Services and Property. . 418.153. Compensation Claims. 418.154. Certain Claims Excluded. (Sections 418.155 to 418.170 reserved for expansion) SUBCHAPTER H. MISCELLANEOUS PROVISIONS 418.171. Qualifications for Rendering Aid. 418.172. Insurance Coverage. 418.173. Penalty for Violation of Emergency Management Plan. WESTLAW Electronic Research See WESTLAW guide following the Explanation of this pamphlet. SUBCHAPTER A. GENERAL PROVISIONS 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. TAB 1 2 Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg. , p. 731 , ch. 289, sec. 1 Vernon's Ann. Civ. St. art. 6889-7, sec. 1 . 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 property resulting from natural or man- made catastrophes, riots, or hostile military or paramilitary action; (2) prepare for prompt and efficient rescue, care, and treatment of per- sons victimized or threatened by disaster; (3) provide a setting conducive to the rapid and orderly restoration and rehabilitation of persons and property affected by disasters; (4) clarify and strengthen the roles of the governor, state agencies, and local governments in prevention of, preparation for, response to, and recovery from disasters; (5) authorize and provide for cooperation in disaster prevention, pre- paredness, response, and recovery;. (6) authorize and provide for coordination of activities relating to disaster prevention, preparedness, response, and recovery by agencies and offi- cers of this state, and similar state-local , interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate; (7) provide an emergency management system embodying all aspects of predi- saster preparedness and postdisaster response; (8) assist in prevention of disasters caused or aggravated by inadequate planning for and regulation of public and private facilities and land use; and (9) provide the authority and mechanism to respond to an energy emergency. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987, Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th leg., p. 332, ch. 134, sec. 1 . Vernon's Ann. Civ. St. art. 6889-7, sec. 2. TAB 1 3 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 prevention, preparedness, response, or recovery; (2) interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety; (3) interfere with dissemination of news or comment on public affairs, but any communications facility or organization, including radio and television sta- tions, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with a disaster or potential disaster; (4) affect the jurisdiction or responsibilities of police forces, fire- fighting forces, units of the armed forces of the United States, or of any of their personnel when on active duty, but state, local', and interjurisdictional emergency management plans shall place reliance on the forces available for per- formance of functions related to disasters; or (5) limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution or laws of this state independent of or in conjunction with any pro- visions of this chapter. Acts 1987, 70th Leg,, ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 332, -ch. 134. Vernon's Ann. Civ. St. art. 6889-7, sub. sec. 3, 50 ). 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 any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air con- tamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, other public calamity requiring emergency action or energy emergency. TAB 1 4 ( 2) "Division" means the division of emergency management in the office of the governor. (3) "Energy emergency" means a temporary statewide, regional , or local shortage of petroleum or liquid fuels energy supplies that makes emergency measures necessary to reduce demand or allocate supply. (4) "Interjurisdictional agency" means a disaster-agency maintained by and serving more than one political subdivision. (5) "Organized volunteer group" means an organization such as the American National Red Cross, the Salvation Army, the Civil Air Patrol , the Radio Amateur Civil Emergency Services, or other similar organization recognized by federal or state statute, regulation, or memorandum. (6) "Political subdivision" means a county or incorporated city. (7) "Temporary housing" has the meaning assigned by the Federal Disaster Relief Act of 1974 (42 U.S.C. 5121 et seq.). Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-5. Acts 1975, 64th Leg:, p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 2. Acts 1981 , 67th Leg., p. 3319, ch. 869, sec. 2. Vernon's Ann. Civ. St. art. 6889-7, sec. 4. (Sections 418.005 to 418.010 reserved for expansion) SUBCHAPTER B. POWERS AND DUTIES OF GOVERNOR • 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 caused by energy emergencies. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Acts 1981 , 67th Leg., p. 3319, ch. 869, sec. 3. Vernon's Ann. Civ. St. art. 6889-7,. sec. 5(a). TAB 1 5 rub) P21) 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 and effect of law. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg. p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 5(b). 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 preparedness, emergency services, energy emergencies, and disaster recovery. • (5) The emergency management council is composed of the heads of state agencies, hoards , and commissions and representatives of organized volunteer groups. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Acts 1981 , 67th Leg., p. 3319, ch. 869, sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 5(c). 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 occurrence or threat of disaster is imminent. (5) Except as provided by Subsection (c), the state of disaster continues until the governor: (1 ) finds that: (A) the threat or danger has passed; or (B) the disaster has been dealt with to the extent that emergency conditions no longer exist; and • TAB 1 6 (2) terminates the state of disaster by executive order. (c) A state of disaster may not continue for more than 30 days unless renewed by the governor. The legislature by law may terminate a state of disaster at any time. On termination by the legislature, the governor shall issue an executive order ending the state of disaster. (d) An executive order or proclamation issued under this section must include: (1 ) a description of the nature of the disaster; (2) a designation of the area threatened; and (3) a description of the conditions that have brought the state of disaster about or made possible the termination cf the state of disaster. (e) An executive order or proclamation shall be disseminated promptly by means intended to bring its contents to the attention of the general public. An order or proclamation shall be filed promptly with the division of emergency management, the secretary of state, and the county clerk or city secretary in each area to which it applies unless the circumstances attendant on the disaster prevent or impede the filing. - Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg. p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 5(d). 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 applicable to the area subject to the • declaration; and (2) authorizes the deployment and use of any forces to which the plan applies and the use or distribution of any supplies, equipment, and materials or facilities assembled, stockpiled, or arranged to be made • available under this chapter or other law relating to disasters. (b) The preparedness and response aspects of the state emergency manage- • ment plan are activated as provided by that plan. • TAB 1 7 (c) During a state of disaster and the following recovery period, the governor is the commander in chief of state agencies, hoards, and commissions having emergency responsibilities. To the greatest extend possible, the gover- nor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or plans, but this chapter does not restrict the governor's authority to do so by orders issued at the time of the disaster. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch, 289. Acts 1981 , 67th Leg., p.333, ch. 134 sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 5(e), (f). Section 418.016. Suspension of procedural Laws and Rules The governor may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of a state agency if strict compliance with the provisions, orders, or rules would in any way prevent, hinder, or delay necessary action in coping with a disaster. Acts 1987, 70th Leg., ch. 147 sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 5(g)(1 ). 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 reasonable necessary to cope with a disaster. (b) The governor may temporarily reassign resources, personnel , or func- tions of state executive departments and agencies or their units for the purpose of performing or facilitating emergency services. (c) The governor may commandeer or use any private property if the gover- nor finds it necessary to cope with a disaster, subject to the compensation requirements of this chapter. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987.. TAB 1 8 Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec 5(g)(2), (3), (4). Section 418.018. Movement of People (a) The governor may recommend the evacuation of all or part of the popu- lation from a stricken or threatened area in the state if the governor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery. (b) The governor may prescribe routes, modes of transportation, and desti- nations in connection with an evacuation. (c) The governor may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Vernon's Ann. Civ. St.. art. 6889-7, sec. 5(g)(5), (5), (7). 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. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts. 1981 , 67th Leg., p. 333, ch. 134 sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 5(9)(8). Section 418.020. Temporary Housing (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 by disaster victims and may make units available to any political subdivision. (h) The governor may assist a political subdivision that is the locus of temporary housing for disaster victims to acquire sites necessary for temporary TAB 1 9 housing and to do all things required to prepare the sites to receive and use temporary housing units by: (1 ) advancing or lending funds available to the governor from any appropriation made by the legislature or from any other source; (2) allocating funds made available by a public or private agency; or (3) . becoming a copartner with the political subdivision for the execu- tion and performance of any temporary housing project for disaster victims. (c) Under regulations prescribed by the governor, the governor may tem- porarily suspend or modify for a period of not more than 60 day any public health, safety', zoning intrastate transportation, or other law or regulation if by proclamation the governor considers the suspension or modification essential to provide temporary housing for disaster victims. (d) Any political subdivision may temporarily or permanently acquire by lease, purchase, or other means sites required for installation of temporary housing units for disaster victims and may enter into arrangements necessary to ' prepare or equip the sites to use the housing units, including arrangements for the purchase of temporary housing units and the payment of transportation charges. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: -_ Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Vernon's Ann. Civ, St. art. 6889-7, sec. 5(g)(9), (10), (11 ), (k). 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 from a major disaster and has demonstrated a need for financial assistance to perform its governmental functions, the governor may apply to the federal government on behalf of the local government for a loan and may receive and disburse the pro- ceeds of an approved loan to the local government. (b) The governor may determine the amount needed by a local government to restore or resume its governmental functions and certify that amount to the federal government. The amount sought for the local government may not exceed 25 percent of the annual operating budget of the local government for the fiscal year in which the major disaster occurs. (c) The governor may recommend to the federal government, based on the governor's review, the cancellation of all or part of repayment if in the first three full fiscal years following the major disaster the revenues of the local government are insufficient to meet its operating expenses, including addi- tional disaster-related expenses of a municipal operation character. TAB 1 10 Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 5(g)(12). 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 a major disaster that cannot be otherwise ade- quately met from other means of assistance, the governor may accept a grant by the federal government to fund the financial assistance, subject to the terms and conditions imposed on the grant. The governor may agree with the federal government or any officer or agency of the United States pledging the state to participate in funding not more than 25 percent of the financial assistance. (h) The governor may make financial grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot otherwise adequately be met from other means of assistance. The grants may not exceed an aggregate amount in excess of that established by federal statute for an individual or family in any single major disaster declared by the president of the United States. (c) The governor may designate in the state emergency management plan the Department of Human Services or another state agency to carry out the functions of providing financial aid to individuals or families qualified for disaster relief. The designated agency may employ temporary personnel for those func- tions to be paid from funds appropriated to the agency, from federal funds, or from the disaster contingency fund. The merit system does not apply to the tem- porary positions. The governor may allocate funds appropriated under this chapter to implement the purposes of this chapter. Acts 1987, 70th Leg., ch. 147, sec 1, eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Vernon's Ann. Civ, St._art. 6889-7, sec. 5(g)(15), (16), (h). Section 418.023. Clearance of Debris (a) Through the use of any state agency or instrumentality, the governor may clear or remove debris or wreckage from public or private land or water if it threatens public health or safety or public or private property in a state of disaster declared by the governor or major disaster declared by the president of the United States. TAB 1 11 (b) The governor may accept funds from the federal govermnent and use the funds to make grants to a local government for the purpose of removing debris or wreckage from public or private land or water. (c) Debris or wreckage may not be removed from public or private property until the affected local government, corporation, organization, or individual presents to the governor an unconditional authorization for removal . Debris or wreckage may not be removed from private property until the state is indemnified against any claim arising from removal . (d) If the governor provides for clearance of debris or wreckage under this chapter, state employees or other individuals acting by authority of the governor may enter on private land or water to perform tasks necessary to the the removal or clearance operation. Except in cases of willful misconduct, gross negligence, or bad faith, a state employee or agent performing his duties while complying with orders of the governor issued under this chapter is not liable for the death of or injury to a person or for damage to property. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., 9. 333, ch. 134, sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 5(g)(13), (14), (j). 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 benefits; (2) procedures for applying for benefits; (3) procedures for the administration, investigation, filing, and approval of applications for benefits; (4) procedures for the formation of local or statewide boards to pass on applications for benefits; and (5) procedures for appeals of decisions relating to applications for bene- fits. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. TAB 1 12 (01 Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 5(g)(17). (Sections 418.025 to 418.040 reserved for expansion) SUBCHAPTER C. DIVISION OF EMERGENCY MANAGEMENT Section 418.041. Organization (a) The division of emergency management is a division of the office of the governor. (h) The division is managed by a director appointed by the governor. The director serves at the pleasure of the governor. (c) The director shall appoint a state coordinator. (d) The division shall employ other coordinating and planning officers and other professional , technical , secretarial , and clerical personnel necessary to the performance of its functions. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3 • Vernon's Ann. Civ. St. art. 6889-7, sec. 6(a). Section 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 ) provisions for prevention and minimization of injury and damage caused by disaster; (2) provisions for prompt and effective response to disaster; (3) provisions for emergency relief; (4) provisions for energy emergencies; (5) identification of areas particularly vulnerable to disasters; (6) recommendations for zoning, building restrictions, and other land-use controls, safety measures for securing mobile homes or other TAB 1 13 non-permanent or semi-permanent structures, and other preventive and pre- paredness measures designed to eliminate or reduce disasters or their impact; (7) provisions for assistance to local officials in designing local emergency management plans; (8) authorization and procedures for the erection or other construc- tion of temporary works designed to protect against or mitigate danger, damage, or loss from flood, fire, or other disaster; (9) preparation and distribution to the appropriate state and local officials of state catalogs of federal , state, and private assistance programs; (10) organization of manpower and channels of assistance; (11 ) coordination of federal , state, and local emergency management activities; (12) coordination of the state emergency management plan with the emergency management plans of the federal government; (13) coordination of federal and state energy emergency plans; and (14) other necessary matters relating to disasters. • (b) In preparing and revising the state emergency management plan, the division shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic organizations, volunteer organizations, and community leaders. (c) All or part of the state emergency management plan may be incorporated into regulations of the division or executive orders that have the force and effect of law. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg. p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Acts 1981 , 67th Leg., p. 3319, ch. 869, sec. 4. Vernon's Ann. Civ. St. art. 6889-7, sec. 6(b), (d), (e). 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. TAB 1 14 (2) procure and position supplies, medicines, materials, and equipment; (3) adopt standards and requirements for local and interjurisdictional emergency management plans; (4) periodically review local and interjurisdictional emergency management plans; (5) provide for mobile support units; (6) establish and operate training programs and programs of public infor- mation or assist political subdivisions and disaster agencies to establish and operate the programs; (7) make surveys of public and private industries, resources, and facili- ties in the state that are necessary to carry out the purposes of this chapter; (8) plan and make arrangements for the availability and use of any private facilities, services, and property and provide for payment for use under terms and conditions agreed on if the facilities are used and payment is necessary; (9) establish a register of persons with types of training and skills important in disaster prevention, preparedness, response, and recovery; (10) establish a register of mobile and construction equipment and tem- porary housing available for use in a disaster; (11 ) prepare, for issuance by the governor, executive orders and regula- tions necessary or appropriate in coping with disasters; (12) cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster prevention, preparation, response, and recovery; and (13) do other things necessary, incidental , or appropriate for the imple- mentation of this -chapter. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 6(f). Section 418.044. Assistance in Development of Local Plans (a) The division shall take an integral part in the development and revi- sion of local and interjurisdictional emergency management plans. For that pur- pose, the division shall employ or otherwise secure the services of professional TAB 1 15 and technical personnel capable of providing expert assistance to political sub- divisions and disaster agencies. Those personnel shall consult with the sub- divisions and agencies on a regularly scheduled basis and shall make field reviews of the areas, circumstances, and conditions to which particular local and interjurisdictional emergency management plans apply and may suggest revisions. (b) The division shall encourage local and interjurisdictional agencies to seek advice from local government, business, labor, industry, agriculture, civic organizations, volunteer organizations, and community leaders. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. Sty art. 6889-60 Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 6(c), (d). Section 418.045. Temporary Personnel The Division may employ temporary personnel from funds appropriated to the divi- sion, from federal funds, or from the disaster. contingency fund. The merit system does not apply to the temporary positions. 1 Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 333, ch. 134, sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 6(0. Section 418.046. Assistance to Aviators (a) The division may provide assistance to private aviators, including par- tial reimbursement for, funds expended, to meet the actual costs of aircraft operation in performing search, rescue, or disaster-related functions requested by the governor or the governor's designee. • (b) Any reimbursement must be limited to the actual cost of aircraft opera- tion not reimbursable from other sources. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. TAB 1 16 Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg. , p. 333, ch. 134, sec. 3. Vernon's Ann. Civ. St. art. 6889-7, sec. 6(h). 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. (b) The division shall consider the desirability of supplementing the com- munication resources or integrating them into a state or state-federal telecom- munication or other communication system or network. (c) In studying the character and feasibility of any system or its parts, the division shall evaluate the possibility of its multipurpose use for general state and local governmental purposes. (I) The division shall make recommendations to the governor as appropriate. - Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art, 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 13. Section 418.048. Monitoring Weather; Suspension of Weather Modification (a) The division shall keep continuously appraised of weather conditions that present danger of climatic activity, such as precipitation., severe enough to constitute a disaster. (b) If the division determines that precipitation that may result from weather modification operations, either by itself or in conjunction with other precipitation or climatic conditions or activity,, would create or contribute to the severity of a disaster, it shall request in the name of the governor that the officer or agency empowered to issue permits for weather modification opera- tions suspend the issuance of permits. On the governor's request, no permits may be issued until the division informs the officer or agency that the danger has passed. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff, Sept. 1 , 1987. TAB 1 17 Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 ,. 67th Leg., p. 339, ch. 134, sec. F. Vernon's Ann. Civ. St. art. 6889-7, sec. 15. (Sections 418.049 to 418.070 reserved for expansion) SUBCHAPTER D. FINANCE 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 leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 338, ch. 134, sec. 4. Vernon's Ann. Civ. St. art. 6889-7, sec. 7(a). Section 418.072. Disaster Emergency Funding Board - The disaster emergency funding board is composed of: (1 ) the governor; (2) the lieutenant governor; (3) the chairman of the State Board of Insurance; (4) the commissioner of the Department of Human Services; and (5) the director of the division. Acts 1987, 70th Leg., ch. 147, sec. 1, eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th leg., p. 338, ch. 134, sec. 4. Vernon's Ann. Civ. St. art. 6889-7, sec. 7(b). Section 418.073. Disaster Contingency Fund (a) The disaster contingency fund consists of money appropriated to the fund. TAB 1 18 (h) If the governor finds that the demands placed on funds regularly appropriated to state and local agencies are unreasonably great for coping with a particular disaster, the governor with the concurrence of the disaster emergency funding hoard may make funds available from the disaster contingency fund. It is the intent of the legislature that first recourse he to the funds regularly appropriated to state and local agencies. Acts 1987, 70th leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Vernon's Ann, Civ. St. art. 6889-7, sec. 7(c) , (d). 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 services, equipment, supplies, materials, or funds as a gift, grant, or loan for purposes of emergency services or disaster recovery, the governor (if required by the donor) or the presiding officer of the governing body of the political subdivision may accept the offer on behalf of the state or political subdivision, as applicable. (b) If a gift, grant, or loan is accepted by the state, the governor, or the emergency management council or state coordinator if designated by the governor, may dispense the gift, grant, or loan directly to accomplish the pur- pose for which it was made or may allocate and transfer to a political sub- division services, equipment, supplies, materials, or funds in the amount the governor or the governor's designee may determine. (c) Funds received by the state shall be placed in one or more special funds and shall be disbursed by warrants issued by the comptroller on order of the governor or the governor's designee. The governor shall name the- designee in. a written agreement accepting the funds or in a written authorization filed with the secretary of state. On receipt of an order for disbursement, the comptroller shall issue a warrant without delay. (d) If the funds are to be used for purchase of equipment, supplies, or commodities of any kind, it is not necessary that bids be obtained or that the purchases be approved by any other agency. (e) A political subdivision may accept and use all services, equipment, supplies, materials, and funds to the full extent authorized by the agreement • under which they are received by the state or political subdivision. , Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. TAB 1 19 Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 338, ch. 134, sec. 5. Vernon's Ann. Civ. St. artc. 6889-7, sec. 7(e). (Sections 418.075 to 418.100 reserved for expansion) SUBCHAPTER E. LOCAL AND INTERJURISDICTIONAL EMERGENCY MANAGEMENT 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 and coordination of response. (b) The presiding officer of the governing body of each political sub- division shall notify the division of the manner in which the political sub- division is providing or securing an emergency management program, identify the person who heads the agency responsible for the program, and furnish additional pertinent information that the division requires. Acts 1987, 70th leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-5, Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 8(a), (f). Section 418.102. County Programs Each county shall maintain an emergency management program or participate in a local or interjurisdictional emergency management program that, except as otherwise provided by this chapter, has jurisdiction over and serves the entire county or interjurisdictional area. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 339, ch, 134, sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 8(b). TAB 1 20 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 governor shall make the determinations on the basis of the municipality's disaster vulnerability and capability of response related to population size and concentration. (h) The emergency management program of a county must be coordinated with the emergency management programs of municipalities situated in the county but does not apply in a municipality having its own emergency management program. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. - Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 339, ch. 134, sec. 6 Vernon's Ann. Civ. St. art. 6889-7, sec. 8(c) 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 subdivisions if the governor finds that the establishment and maintenance of a joint program or participation in it is made necessary by circumstances or conditions that make it unusually difficult to provide disaster prevention, preparedness, response, or recovery services under other provisions of this chapter. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 8(d). 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 shall designate a liaison officer to facilitate the cooperation and protection of the city in the work of disaster prevention, preparedness, response, and recovery. (b) Each county shall provide an office and a liaison officer to coor- dinate with state and federal emergency management personnel concerning disaster preparedness, response, or. recovery services under other provisions of this chapter. TAB 1 21 (1111 Acts 1987, 70th leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 8(e). 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 pre- paredness, response, recovery, and rehabilitation. (b) The plan must provide for: (1 ) wage, price, and rent controls and other economic stabilization methods in the event of a disaster; and • (2) curfews, blockades, and limitations on utility use in an area affected by a disaster, rules governing entrance to and exit from the affected area, and other security measures. (c) The local or interjurisdictional disaster agency shall prepare in written form and distribute to all appropriate officials a clear and complete statement of the disaster responsibilities of all local agencies and officials and of the disaster channels of assistance. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , eh. 289. Acts 1981 , 67th Leg., p. 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 8(g), (h). Section 418.107. Local Finance (a) A political subdivision may make appropriations for emergency manage- ment services as provided by law for making appropriations for ordinary expenses. (b) Political subdivisions may make agreements for the purpose of organi- zing emergency management service divisions and provide for a mutual method of financing the organization of units on .a basis satisfactory to the subdivisions. The functioning of the units shall be coordinated by the emergency management council . TAB 1 22 (c) A political subdivision may render aid to other subdivisions under mutual aid agreements. (d) A political subdivision may issue time warrants for the payment of the cost of any equipment, construction, acquisition, or any improvements for carrying out this chapter. The warrants shall be issued in accordance with the Bond and Warrant Law of 1931 (Article 2368a, Vernon's Texas Civil Statutes). Time warrants issued for financing permanent construction or improvement for emergency management purposes are subject to the right of the voters to require • " .a referendum vote under Section 4 of that law. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 80 ). Section 418.108. Declaration of Local Disaster (a) The presiding officer of the governing body of a political subdivision may declare a local state of disaster. (b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision. (c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary or county clerk, as applicable. (d) A declaration of local disaster activates the recovery and rehabilita- tion aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The preparedness and response aspects of the plans are activated as provided in the plans. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts, 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th leg., p. 339, ch. 134. sec. 6. Vernons Ann. Civ. St. art. 6889-7, sec. 10. TAB 1 23 • Section 418.109. Mutual Aid (a) The division shall encourage and assist political subdivisions not participating in interjurisdictional arrangements under this chapter to make suitable arrangements for furnishing mutual aid in coping with disasters. The arrangements must include provision of aid by public employees and agencies. (b) In reviewing local emergency management plans, the division shall con- sider whether a plan contains adequate provisions for the rendering and receipt of mutual aid. (c) In reviewing local and interjurisdictional emergency management plans, the division may require mutual aid agreements between political subdivisions if it determines that the political subdivisions have available equipment, supplies, and forces necessary to provide mutual aid on a regional basis and that the political subdivisions have not already made adequate provisions for mutual aid. Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th leg., p. 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 14. (Sections 418.110 to 418.120 reserved for expansion) SUBCHAPTER F. DISASTER PREVENTION Section 418.121. Duty of Governor (a) In addition to disaster prevention 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 prevention. This includes agencies charged with respon- sibility 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 enti- ties as may facilitate measures for prevention or reduction of the harmful con- sequences of disasters. TAB 1 24 Acts 1987, 70th Leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg. , p. 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art, 6889-7, sec. 11 (a). Section 418.122. State Study of Land Use and Construction Standards (a) The Texas Water 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. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. . Acts 1975, 64th leg., p. 731 , ch. 289. Acts 1981 , 67th leg., p. 339, ch. 134, sec. 6. Vernon's Ann. Civ.. St. art, 6889-7, sec. 11(b). 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 ifthe 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 puhlic hearing the governor finds the changes are essential , the governor shall make appropriate recommendations to the agencies or local governments with jurisdic- tion over the area and subject matter. TAR 1 25 (411 (c) If no action or insufficient action purusant to the governor's recom- mendations is taken within the time specified by the governor, the governor shall inform the legislature and request legislative action appropriate to miti- gate the impact of the disaster. Acts 1987, 70th leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6.. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th leg., p. 339, ch. 134. sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 11 (c). 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 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 con- current 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. Historical Note Prior Law: - Vernon's Ann. Civ, St. art. 6889-6. Acts 1975, 64th leg., p. 731 , ch. 289. Acts 1981 , 67th leg., p. 339, ch. 134, sec. 6. Vernon's Ann. Civ, St. art. 6889-7, sec. 11 (d).. (Sections 418.125 to 418.150 reserved for expansion) SUBCHAPTER G. - CITIZEN DUTIES AND CLAIMS FOR COMPENSATION 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 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. TAB 1 26 (h) 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. • Historical Note Prior Law: • . Vernon's Ann, Civ. St. art. 6889-5. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 12(a). 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 exceeded in a par- ticular case; and (2) the claimant may not he considered to have volunteered services or property without compensation. (h) Personal services may not he 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 comman- deered 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. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 12(a), (b), (c). Section 418.153. Compensation Claims (a) A person claiming compensation for the use, damage, loss, or destruc- tion 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 compesation is computed in the same manner as compensation due for taking of property under the condemnation laws of this state. TAB 1 27 Acts 1987, 70th Leg. , ch. 147, sec. 1 , eff. Sept. 1 , 1987. • Historical Note • Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., pi, 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art. 688'1-7, sec. 12(d) , (e). 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 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, 70tn leg., ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg., p. 731 , ch. 289. Acts 1981 , 67th Leg., p. 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 12(f) (Sections 418.155 to 418.170 reserved for expansion) SUBCHAPTER H. MISCELLANEOUS PROVISIONS 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 qualifica- tions 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. • • TAB 1 28 1161 Historical Note Prior Law: Vernon's Ann. Civ. St. art. 6889-6. Acts 1975, 64th Leg. , p. 731 , ch. 289. Acts 1981 , 67th Leg. , p. 339, ch. 134 sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 9. 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) If sufficient funds are not available for the required insurance, an agency may petition the disaster emergency funding board to purchase the - insurance on the agency's behalf. The board may spend money from that fund for that_ purpose. Acts 1987, 70th Leg. , ch. 147, sec. 1 , eff. Sept. 1 , 1987. Historical Note Prior Law: Vernon's Ann. Civ. •St. art. 6889-6. Acts 1975, 64th Leg. , p. 731 , ch. 289. Acts 1981 , 67th Leg. , p. 339, ch. 134, sec. 6. Vernon's Ann. Civ. St. art. 6889-7, sec. 16. 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 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. Historical Note - Prior Law: Acts 1981 , 67th Leg. , p. 343, ch. 134, sec. 7. Vernon's Ann. Civ. St. art. 6889-7, sec. 17. • 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 TAB 1 29 emergency management program in accordance with Subchapter E of this chapter is not personally liable for civil damages for an action arising from the perfor- mance of the person' s duties on the council or committee. Acts 1989, 71st Leg. , Ch. 851 , eff. Aug. 28, 1989. • • TAB 1 30 THE STATE OF TEXAS EXECUTIVE DEPARTMENT OFFICE OF THE GOVERNOR AUSTIN, TEXAS March 9, 19R7 EXECUTIVE ORDER WPC-87-6a RELATING TO EMERGENCY MANAGEMENT; REORGANIZING THE EMERGENCY MANAGEMENT COUNCIL; REAPPOINTING THE DIRECTOR OF THE TEXAS DEPARTMENT OF PUBLIC SAFETY • AS DIRECTOR OF THE DIVISION OF EMERGENCY MANAGEMENT OF THE OFFICE OF THE GOVERNOR; TAKING 'RELATED ACTION PERTAINING TO EMERGENCY MANAGEMENT AND DISASTER PREVENTION AND RELIEF; AND REPEALING EXECUTIVE ORDER MW-12 AND AMENDING TO CORRECT TYPOGRAPHICAL ERRORS WHEREAS, the Legislature of the State of Texas has heretofore enacted the • Texas Disaster Act of 1975, Article 6889-7, Texas Revised Civil Statutes, to: (1) Reduce vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile military or paramilitary action; and ( 2) Prepare for prompt and efficient rescue, care and treatment of persons victimized or threatened by disaster; (3) Provide a setting conducive to the rapid and orderly restoration and rehabilitation of persons affected by disaster; (4) Clarify and strengthen the roles of the Governor, state agencies and local governments in the prevention of, preparation for, response to, and recovery from disasters; (5) Authorize and provide for cooperation in disaster prevention, prepared- ness, response and recovery; • (6) Authorize and provide for coordination of activities relating to disaster prevention, preparedness., response and recovery by agencies and officers of this state, and similar state-local , interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate; (7) Provide an emergency management system embodying all aspects of pre- disaster preparedness and post-disaster response; (8) Assist in the prevention of disasters caused or aggravated by inade- quate planning for and regulation of public and private facilities and land use; and • TAB 2 1 (9) To provide the authority and mechanism to respond to an energy finer gency: and, WHEREAS, under Section 5(c) , Texas Disaster Act of 1975, Article 68R4-7, Tex.Rev.Civ.Stat., the Governor is expressly authorized to establish by execu- tive order an EMERGENCY MANAGEMENT COUNCIL composed of the heads of state agen- cies, hoards, and commissions and representatives of organized volunteer groups to advise and assist him in all matters relating to disaster preparedness, emergency services, energy emergencies , and disaster recovery; and, WHEREAS, FURTHER UNDER SECTION 6(a) , Texas Disaster Act of 1475, Article 6889-7, Tex.Rev.Civ.Stat., a DIVISION OF EMERGENCY MANAGEMENT is established in the Office of the Governor and the Director of the DIVISION OF EMERGENCY MANAGEMENT is to be appointed by and serve at the pleasure of the Governor; and , WHEREAS, with the aid and assistance of the EMERGENCY MANAGEMENT COUNCIL. and DIVISION OF EMERGENCY MANAGEMENT, the Governor may recommend that cities, coun- ties and other political subdivisions of the state undertake appropriate emergency management programs and assist and cooperate with those developed at the state level ; NOW, THEREFORE, I, William P. Clements, Jr., Governor of Texas, under the authority vested in me, do hereby create and establish the EMERGENCY MANAGEMENT COUNCIL, to be composed of the Chief Executive Officers of the following state agencies, boards, commissions and volunteer groups: Adjutant General 's Department Texas Economic Development Texas Aeronautics Commission Commission Texas Department of Agriculture Texas Department of Mental Health • _ Texas Air Control Board and Mental Retardation Texas Attorney General 's Office Texas Parks and Wildlife Department State Auditor Texas Department of Public Safety The Banking Department of Texas Public Utility Commission Comptroller of Public Accounts Texas Department of Human Services State Purchasing and General Railroad Commission of Texas Services Commission Texas Water Commission • Texas Education Agency Texas Forest Service Texas Employment Commission. Governor's Division of Emergency Texas Department of Health Management State Department of Highways and Texas Department of Community Public Transportation' Affairs General Land Office American Red Cross State Board of Insurance Texas Engineering Extension Service The specific duties and responsibilities of each member of this group shall be as designated in the State Emergency Management Plan and Annexes thereto. Each member of the group may designate a member of his staff to represent him on the COUNCIL. I further hereby designate the Director of the Texas Department of Public Safety to serve as Chairman of the COUNCIL and as Director of the DIVISION OF EMERGENCY MANAGEMENT of the Governor's Office. He shall be my designated agent to exercise the powers granted to me under the Texas Disaster Act of 1975 in the administration and supervision of the Act including, but not limited to, the power to accept from the federal government, or any public or private agency or TAB 2 2 individual , any offer of services, equipment, supplies, materials, or funds as gifts, grants, or loans for the purposes of civil defense or disaster relief and may dispense such gifts, grants, or loans for the purposes for which they are made without further authorization other than as contained herein. He shall establish emergency operations areas to be known as Disaster Districts which shall correspond to the boundaries of the Texas Highway Patrol Districts and Sub-Districts and shall arrange for each Disaster District to be composed of, representatives of the state agencies, boards and commissions having membership 'on the COUNCIL. :The Highway Patrol Commanding Officer of each Highway Patrol District or Sub-District shall serve as Chairman of the District Disaster Committee and report to the Director on matters relating to disasters and emergencies. . The Chairman shall be assisted by the COUNCIL representatives assigned. to that DISTRICT who shall provide guidance, counsel and administrative support as may be required. The COUNCIL is hereby authorized to issue such directives as may, be necessary to effectuate the purpose of the Texas Disaster Act of 1975, as amended, and is further authorized and empowered to exercise the specific powers enumerated in the Act. Further, in accordance with Section 8, Texas Disaster Act of 1975, Article 6889-7, Tex.Rev.Civ.Stat., I hereby designate the Mayor of each municipal cor- poration and the County Judge of each county in the state as the Emergency • Management Director for each such political subdivision. The Mayor and County Judge may each delegate this authority to an Emergency Management Coordinator who shall serve as assistant to the presiding officer of the political sub- division for emergency management purposes when so designated. By the authority vested in me under Section 8(d), Texas Disaster Act of 1975, Article'6889-7, Tex.Rev.Civ.Stat., I further hereby authorize each politi- cal subdivision of the state to establish in the county in which they are sited, interjurisdictional agencies by intergovernmental agreement, supported as needed by local Ordinance or Commissioners' Court Resolution, in cooperation and coor- dination with the DIVISION OF EMERGENCY MANAGEMENT of the Governor's Office. In compliance with Section 8(f)., Article 6889-7, Tex.Rev.Civ.Stat., the presiding officer of each political subdivision shall promptly notify the DIVISION OF EMERGENCY MANAGEMENT of the manner in which it is providing or .securing an . • emergency management program and the person designated to head that program. This Executive Order repeals Executive Order MW-12 dated October 12, 1983. It shall be effective immediately and shall remain in effect until modified, amended or rescinded by me. Given Under my hand this 9th day of . March, 1987 /s/ William P. Clements, Jr. • William P. Clements, Jr. Governor of Texas • • /s/ Jack M. Rains Jack M. Rains Secretary of State Filed in the Office of Secretary of State • April 13, 1987 Statutory Filings Div., Statutory Documents TAB 2 , . 3 Chapter 8 EMERGENCY MANAGEMENT' Sec. 8.1. Emergency management director—Office held by mayor organization. There exists the office of emergency management director of the city which shall be held by the mayor in accordance with state i • law. (1) An emergency management coordinator may be appointed by and serve at the pleasure of the director, (2) The director shall be responsible for a program of compre- hensive emergency management within the city and for carrying out the duties and responsibilities set forth in this chapter. He/she may delegate authority for execution of these duties to the coordinator,but ultimate responsibility for such execution shall remain with the director. (3) The operational emergency management organization of the city shall consist of the officers and employees of the city so designated by the director in the emergency man- • agement plan as well as organized volunteer groups. The •functions and duties of this organization shall be distrib- uted among such officers and employees in accordance with the terms of the emergency management plan. (Ord. No. 595, f 2, 8.27-90) Sec. 8-2. Same—Powers and duties. The duties and responsibilities of the emergency management director shall include the following: (1) Conduct an ongoing survey of actual or potential hazards which threaten life and property within the city and an 'Editor's note—Section 1 of Ord. No. 695, adopted Aug. 27, 1990 repealed former Ch.8,Arts.I—III,in its entirety,and 4 2 of such ordinance added a new Ch.8.54 8-1-8-8,to read as herein set out.Former Ch.B pertained to civil defense. and derived from Ord.No.106,adopted Jan.28,1965;and Ord.No.106-1.adopted Aug. 11,1980. Charter reference—The city council,f 3.01 et seq. Cross references—Administration, Ch. 2; emergency medical services,Ch. 9'12;fire prevention and protection,Ch. 10. Supp.No.36 485 TAB 3 1 i 8-2 PEARLAND CODE 4 8-2 ongoing program of identifying and requiring or recom- mending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such haz- ards if a disaster did occur. (2) Supervision of the development and approval of an emer- gency management plan for the city and shall recommend for adoption by the city council all mutual aid arrange- ments deemed necessary for the implementation of such plan. (3) Authority to declare a local state of disaster. The declara- tion may not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the city . council. Any order or proclamation declaring, continuing or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary. (4) Issuance of necessary proclamations,regulations or dire tives which are necessary for carrying out the purposes of this chapter.Such proclamations,regulations or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and,un- less circumstances attendant on the disaster prevent or impede,promptly filed with the city secretary. (5) Direction and control of the operations of the city emer- gency management organization as well as the training of emergency management personnel. (6) Determination of all questions of authority and responsi- bility that may arise within the emergency management organization of the city. (7) Maintenance of liaison with other municipal, county, dis- trict,state,regional or federal emergency management or- ganizations. (8) Marshaling of all necessary personnel,equipment or sup- plies from any department of the city to aid in the carrying out of the provisions of the emergency management plan. Supp.No.36 486 • TAB 3 2 8-2 EMERGENCY MANAGEMENT 18-3 (9) Supervision of the drafting and execution of mutual aid agreements in cooperation with the representatives of the. state and of other local political subdivisions of the state and the drafting and execution, if deemed desirable, of an agreement with the county in which the city is located and with other municipalities within the county for the coun- tywide coordination of emergency management efforts. (10) Supervision of and final authorization for the procurement of all necessary supplies and equipment, including accep- tance of private contributions which may be offered for the purpose of improving emergency management within the city. (11) Authorizing of agreements, after approval by the city at- torney, for use of private property.for public shelter and other purposes. (12) Survey of the availability of existing personnel, equip- ment, supplies and services which could be used during a - . disaster as provided for herein. (13) Other requirements as specified in Texas Disaster Act 1975 as amended(VTCS Article 6889-7). (Ord. No. 595, § 2, 8-27-90) Sec. 8.3. Emergency management plan. • A comprehensive emergency management plan shall be devel- oped and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties and powers and designate officers and employees to carry out the provisions of this chapter.As provided by state law,the plan shall follow the standards and criteria established by the state division of emer- gency management of the State of Texas. Insofar as possible,the form of organization,titles and terminology shall conform to the recommendations of the state division of emergency manage- ment.When approved,it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be consid- Supp.No.36 487 TAB 3 3 f 8-3 PEARLAND CODE 18-6 ered supplementary to this chapter and have the effect of law during the time of a disaster. (Ord. No. 595, § 2, 8-27-90) Sec. 8.4. Interjurisdictional program. The mayor is hereby authorized to join with the county judges of the counties of Brazoria and Harris and the mayors of the other • cities in said counties in the formation of an emergency manage- ment council for the counties of Brazoria and Harris and shall have the authority to cooperate in the preparation of a joint emer- gency management plan and in the appointment of a joint emer- gency management coordinator as well as all powers necessary to participate in a countywide program of emergency management insofar as said program may affect the city. (Ord. No. 595, § 2, • • 8-27-90) Sec. 8-5. Override. At all times when the orders,rules and regulations made and promulgated pursuant to this chapter shall be in effect,they shall supersede and override all existing ordinances,orders,rules and regulations insofar as the latter may be inconsistent therewith. (Ord. No. 595, § 2, 8.27-90) Sec. 8-6. Liability. This chapter is an exercise by the city of its governmental func- tions for the protection of the public peace,health and safety;and neither the city, the agents and representatives of the city nor any-individual, receiver, firm,partnership, corporation, associa- tion or trustee nor any of the agents thereof in good faith carrying out,complying with or attempting to comply with any order,rule or regulation promulgated pursuant to the provisions of this chapter shall be liable for any damage sustained to persons as the result of said activity.Any person owning or controlling real es- tate or other premises who voluntarily and without compensation grants to the city a license of privilege or otherwise permits the city to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering per- sons during an actual, impending or practice enemy attack or natural or manmade disaster shall,together with his successors Supp.No.36 488 - . TAB 3 4 §8-6 EMERGENCY MANAGEMENT $8-8 in interest if any, not be civilly liable for the death of or injury to any person on or about such real estate or premises under such license,privilege or other permission or for loss of or damage to the property of such person. (Ord. No. 595, § 2, 8-27-90) Sec. 8.7. Commitment of funds. No person shall have the right to expend any public funds of the city in carrying out any Emergency Management activity autho- rized by this chapter without prior approval by the city council, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific approval of the city council unless during a declared disaster. During a declared disaster,the mayor may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life or property. (Ord. No. 695, § 2, 8-27-90) Sec. 8-8. Offenses; penalties. (a) It shall be unlawful for any person willfully to obstruct, hinder or delay any member of the emergency management or- ganization in the enforcement of any rule or regulation issued pursuant to this chapter or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this chapter. - (b) It shall likewise be unlawful for any person to wear,carry or display any emblem, insignia or any other means of identifi- cation as a member of the emergency management organization of the city unless authority to do so has been granted to such person by the proper officials. (c) Any unauthorized person who shall operate a siren or other - device so as to simulate a warning signal or the termination of a warning shall be deemed guilty of a violation of this chapter and shall be subject to the penalties imposed by this chapter. (d) Convictions for violations of the provisions of this chapter shall be punishable by a fine not to exceed five hundred dollars ($500.00). (Ord. No. 595, § 2, 8-27-90) Supp.No.36 489 (The next page is 543) TAB 3 5 ATTACHMENT 2 State and Local Legal Documents Tab 1 - Texas Disaster Act of 1975, as amended Tab 2 - Executive Order of the Governor Tab 3 - Chapter 8, Civil Defense, Pearland Code of Ordinances 22 ATTACHMENT 3 ORGANIZATION CHART FOR THE CITY OF PEARLAND, TEXAS MAYOR MAYOR PRO TEM CITY CITY MANAGER COUNCIL ALL CITY CITY ATTORNEY EMPLOYEES E. M. C. . (71'\ 23 _j' 812 oi > r g r gl 212 F = Q5 r a Fo o z C) cnu) y -0 in COMMUNICATIONS K IT1 D o fn o - W u) of DAMMAGE ASSESSMENT 73 0 _m u) in u) u) fn (n in u) u) EVACUATION Z !1 n m fA u) uJ ti N y n 0 in N u) u) (n cn N E.O.C. / DIRECTION & CONTROL —< FA o Cain -u in cn FIRE > -P D Z fn in in u) u) In u) in u) u) in in in u) HAZARD MITIGATION M o .9 oto in in HEALTH & MEDICAL K m o to (Ao u) in up HUMAN SERVICES H u) cn 'V N LAW ENFORCEMENT C C) v -< u) LEGAL Z n . —I v N EMERGENCY PUBUC•INFORMATION 0 Z C) cn 'O u) u) UTILITIES D r o v y PUBUC WORKS/ENGINEERING X m o co y en - u) N RADIOLOGICAL PROTECTION _ 0 O u) -v u) ui in RESCUE Z u) u) y y u u). "13 y u) cn u) cn in in to RESOURCE MANAGEMENT CIJ r N In '0 in in y u) u) in SHELTER •--I Fl (n Q N ul N TRANSPORTATION to in u) in WARNING O -u SUPERVISE ALL CITY EMPLOYEES ATTACHMENT 5 ANNEX ASSIGNMENT ANNEX ASSIGNED TO: ANNEX A: WARNING POLICE CHIEF ANNEX B: COMMUNICATIONS POLICE CHIEF ANNEX C: SHELTER AND MASS CARE COMMUNITY SERVICES DIRECTOR ANNEX D: RADIOLOGICAL PROTECTION FIRE CHIEF/FIRE MARSHAL ANNEX E: EVACUATION EMER. MANAGEMENT COORDINATOR ANNEX F: FIRE SERVICES FIRE CHIEF/FIRE MARSHALL ANNEX G: LAW ENFORCEMENT POLICE CHIEF ANNEX H. HEALTH AND MEDICAL HEALTH OFFICER ANNEX I: EMERGENCY PUBLIC INFO. CITY SECRETARY ANNEX J: DAMAGE ASSESSMENT TAX ASSESSOR/FINANCE DIRECTOR ANNEX K: PUBLIC WORKS/ENGR. PUBLIC WORKS DIRECTOR ANNEX L: UTILITIES PUBLIC UTILITIES DIRECTOR ANNEX M: RESOURCE MANAGEMENT PERSONNEL DIRECTOR ANNEX N: EOC/DIRECTIONAL & CONT. CITY MANAGER/JUDGES ASST. ANNEX 0: HUMAN SERVICES HUMAN SERVICES DIRECTOR ANNEX P: HAZARD MITIGATION PUBLIC WORKS DIRECTOR ANNEX Q: HAZARDOUS MAT. RESPONSE FIRE CHIEF/FIRE MARSHALL ANNEX R: RESCUE RESCUE OFFICER ANNEX S: TRANSPORTATION TRANSPORTATION DIRECTOR ANNEX T: TRAINING EMER. MANAGEMENT COORDINATOR ANNEX U: LEGAL CITY ATTORNEY 25 ATTACHMENT 6 GLOSSARY OF TERMS Access Control Point: Designated sites identifying critical locations that can be used to control egress or ingress into a certain area. Acute Exposure: Exposures that occur for relatively short peri- ods of time, generally hours to 1-2 days. Acutely Toxic Chemicals: Chemicals which can cause both severe short and long-term health effects after a single, brief exposure (short duration) . These chemicals can cause damage to living tissue, impairment of the central nervous system, severe illness or, in extreme cases, death when ingested, inhaled, or absorbed through the skin. Allocation: The process of designating where evacuees or shelterees would go for protective shelter, temporary lodging, or feeding should crisis relocation be ordered. Area Warning Center: The Department of Public Safety communica- tion facility having responsibility for warning jurisdictions within a designated warning area. Assessment: (Radiological) : The interpretation of radiological measurements in such a way that the measurements can form a basis ' for decision-making. Assessment can include making dose or effect-predictions and advisory actions that might be taken to minimize harmful effects. Business Band Radio: Any commercial radio communications not otherwise specifically stated. Capability Assessment: A formal measurement of current capabili- ties against standards and criteria that have been established as necessary to perform basic emergency management functions. CAT = Category: When related to fallout shelter spaces, indi- cates a range of protection factors (PF) . This is used to more easily define the capability of a shelter since there will be a wide range of protection factors throughout the facility. Cata- gories normally used are: CAT 0 - PF 10-19 CAT 1 - PF 20-39 CAT 2 - PF 40-69 (usually combined with CAT 3 extending the range to PF-99) CAT 4 - PF 100-up 26 CHEMTREC: The Chemical Emergency Transportation Center is a centralized, toll-free telephone service (800-424-9300) which has been set up to provide immediate advice on the nature of the product and steps to be taken in handling the early stages of transportation emergencies where hazardous chemicals are in- volved. CHEMTREC promptly contacts the shipper of the material involved for more detailed information and appropriate follow-up action including on-scene assistance when feasible. CHLOREP: The Chlorine Emergency Plan was established by the Chlorine Institute to enable the nearest producer of chlorine products to respond to an accident involving chlorine. CHEMTREC serves as the communications link for this program. Civil Defense Emergency: An emergency declared by the President of the United States or Congress pursuant to applicable federal law finding that an attack upon the United States has occurred or is anticipated and that national security requires the invocation of the emergency authority provided by federal law. Conglomerate (Crisis Relocation) : A term used to identify a nuclear high-risk area and its associated reception/host area. Congregate Care Facility: Facilities, to include public and private buildings, in reception areas that may be used to lodge and accommodate evacuees. Generally, assigned space is approxi- mately 40 square feet per person. Contingency Plan: A document developed to identify and catalog all the elements required to respond to an emergency, to define responsibilities and specific tasks, and to serve as a response guide. Crisis Relocation: The concept designed to move populations from areas at high risk of nuclear attack to areas of lower risk and to provide for their well-being (e.g. , congregate care housing, feeding, fallout protection, etc. ) CRP = Crisis Relocation Plan: The contingency planning designed to move populations from high-hazard areas to those of lower risk and to provide for their well-being (e.g. , congregate-care hous- ing, feeding, fallout protection, etc. ) . In risk areas the CRP is primarily concerned with evacuation planning; in host areas the CRP deals with congregate-care and shelter planning. CSP - Community Shelter Plan: A document (normally published in map form) that enables a local government to give its people the answers to questions such as, "Where do I go for shelter?" and "What do I do?" when the warning sounds. The CSP designates specific shelters to be used by people working or living in specific areas of the community, thus allocating the people to the best available fallout protection. It is part of the Emer- gency Management Plan and is sometimes referred to as the In- Place Shelter Plan. 27 DAC = Disaster Application Center: A location established in a disaster area which houses all federal, state and local agencies that deal directly with the needs of the individual victim. DAC's are established only after a Presidential Declaration. Decontamination: The reduction or removal of contaminating radioactive or chemical material from a structure, area, object, or person. DEM - Division of Emergency Management: State civil defense agency. DERC = Damage Estimate Ranges and Casualties: A computer program that provides damage-estimate ranges and casualties sustained from hurricanes making landfall at certain points along the Texas Coast. Direction and Control: The control group in the EOC during the emergency operations consists of the Chief Executive (Mayor, etc) , the deputy, chiefs of the emergency operating services, and any supporting stall such as communications controller, public information officer, and legal advisor as deemed necessary. Disaster: The occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, radioactive activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, other public calamity requiring emergency action. D/D - Disaster District: Districts that parallel the Highway Patrol Districts and Sub-Districts of the Department of Public Safety that include representatives from State government for field duty both in the planning and response phases of emergency management. DDC - Disaster District Committee: Counterpart representatives of each agency and department having an emergency service function on the State Council established at the Disaster District level . The Highway Patrol Captain of each Highway Patrol District and Lieutenant of each Highway Patrol Sub- District serve as Chairman of these committees. Drill: A supervised instruction period aimed at testing, de- veloping, and maintaining skills in a particular operation. A drill is often a component of an exercise. Emergency: An event, the effects of which cause loss of life, human suffering, property damage both public and private, and severe economic and social disruption and accidents that are routinely responded to by local emergency response organizations. 28 EBS - Emergency_ Broadcast System: A network of broadcast stations and interconnecting facilities which have been author- ized by the Federal Communications Commission to operate in a controlled manner during a war, state of public peril or disas- ter, or other national emergency--as provided by the Emergency Broadcast System Plan. E.M.C. : Emergency Management Coordinator EMP = Electromagnetic Pulse: A high-amplitude electrical pulse of very short duration that occurs in instances of nuclear deto- nation or lightening discharges. The use of EMP in this document is synonymous with Nuclear Electromagnetic Pulse. EMT - Emergency Medical Technician: An individual who has com- pleted the required training and is licensed by the State of Texas to perform emergency basic lifesupporting functions. EOC = Emergency Operating Center: The central site from which government officials (municipal, county, state, and federal ) exercise direction and control in an emergency or disaster. Emergency_ Protective Actions (Radiological) : Measures taken after a release of radioactive materials to prevent or minimize radiation exposures to persons in the threatened area. Examples of emergency protection actions are: Area access control; evacu- ation; in-house shelter; decontamination; and, respiratory pro- tection. EPI - Emergency Public Information: Information which is dissem- inated before, during, and/or after an emergency which instructs and transmits direct information and/or instructions to the public via the news media. EPZ - Emergency Planning Zone: A generic area defined around a nuclear facility to facilitate offsite emergency planning and develop a significant response base defined in radii of 10 miles and 50 miles for the plume and ingestion-exposure pathways. ESTED - Estimated Safe Time before Evacuation Decisions: (ES- TEDTX - Texas Coast) : A program available to local emergency management officials that identifies by zone the safe time re- maining before decisions to evacuate a particular area are re- quired. Evacuees, Spontaneous: Persons who might leave an area in peri- ods of intense crisis in response to a real or feared threat whether or not they are advised to do so. Evacuation Recommendation: A recommendation made by a presiding official to all or part of the population to evacuate from a stricken or threatened area, considered necessary for the preser- vation of life or other disaster mitigation response or recovery. Exclusion Zone: The area where contamination does or could 29 occur. Executive Group: The control group in the Emergency Operating Center during emergency operations. Consists of the Chief Execu- tives (Mayor, etc. ) of the affected jurisdictions and/or their deputies. Exercise: An activity designed to promote emergency prepared- ness; test or evaluate emergency management plans, procedures, or facilities; train personnel in emergency response duties; and demonstrate operational capability. There are three specific types of exercises: A. Tabletop Exercise: An activity in which elected and appointed officials and key agency staff are presented with simulated emergency situations without time con- straints. It is usually informal, in a conference room environment, and designed to elicit constructive discussion by the participants as they attempt to examine and then resolve problems based in existing emergency operating plans. The purpose is for partic- ipants to evaluate plans and procedure and to resolve questions of coordination and assignment of responsi- bilities in a non-threatening format and under minimum stress. B. Functional Exercise: An activity designed to test or evaluate the capability of an individual function or complex activity within a function. It is applicable • where the activity is capable of being effectively evaluated in isolation from other emergency management activity. (Example) A Direction and Control Functional Exercise: An activity designed to test and evaluate the centralized emergency operations capability and timely response of one or more units of government under a stress environment . It is centered in an EOC, or interim EOC, and simulates the use of outside activity and resources. C . Full-Scale Exercise : A full-scale exercise is intended to evaluate the operational capability of emergency management systems in an interactive manner over a substantial period of time. It involves the testing of a major portion of the basic elements existing within emergency operating plans and organi- zations in a stress environment. This type of exer- cise includes the mobilization of personnel and re- sources and the actual movement of emergency workers, • equipment, and resources required to demonstrate coordination and response capability. Fallout, Radioactive: The process or phenomenon of the fallback to the earth's surface of particles contaminated with radioactive 30 materials from a cloud of this matter formed by a nuclear detona- tion. The term is also applied in a collective sense to the contaminated particulate matter itself. The early (or local ) fallout is defined, somewhat arbitrarily, as those particles which reach the earth within 24 hours after a nuclear explosion. The delayed (or worldwide) fallout consists of the smaller parti- cles which ascend into the upper troposphere and into the strato- sphere and are carried by winds to all parts of the earth. The delayed fallout is brought to earth mainly by rain or snow, over extended periods ranging from months to years. Fallout Shelter : A habitable structure , facility, or space--public or private--used to protect its occupants from radioactive fallout. Space is allocated at 10 square feet per person. FCO - Federal Coordinating Officer: A federal official appointed by the President for each major disaster; responsible for making an initial appraisal of the types of assistance most urgently needed and by rendering federal disaster assistance as expedi- tiously as possible in coordination with the State coordinating office. .FEMA - Federal Emergency Management Agency: The Federal Agency charged with development of an Integrated Emergency Management System and with supporting Emergency Management and Disaster Assistance efforts at all levels of government. Fixed Facility: A plant site where handling/transfer, process- • ing, and/or storage of chemicals is performed. Full Emergency Condition: An incident involving a severe hazard or a large area which poses an extreme threat to life and property and will probably require a large-scale evacuation; or an incident requiring the expertise or resources of county, State, federal, or private agencies/organizations. Governor' s Authorized Representative: The person named by the Governor in the FEMA-State Agreement to execute on behalf of the State all necessary documents for disaster assistance following the declaration of an emergency or major disaster, including certification of applications for public assistance. Governor' s Proclamation = State of Disaster: The Governor by executive order or proclamation may declare a state of disaster if the governor finds a disaster has occurred or that the occur- rence or threat of disaster is imminent. Groups, Institutionalized: Persons who reside in public and private group quarters of a varied nature rather than households. This includes hospitals, nursing homes, orphanages, colleges, universities, and correctional facilities. Residents generally lack household possessions or transportation, or require special care and custody. 31 Hazard: A situation which may result in death or injury to persons or in damage to property; includes effects of toxicity, fire, explosion, shock, concussion, fragmentation, and corrosion. Hazard Analysis : In the context of HAZMAT planning, use of a simplified vapor dispersion model which looks at the movement of toxic or explosive vapors over distance at a concentration level of concern to determine whether the amount of chemical at a facility or in a transport container poses a threat to the sur- rounding community. HAZMAT - Hazardous Materials : Chemicals which are explosive, flammable, poisonous, corrosive, reactive, or radioactive and require special care in handling because of the hazards they pose to public health and the environment. Hazard Mitigation Plan : A written plan that describes coordinated, hazard mitigation planning and implementation measures to accomplish the prevention or reduction of the adverse impact of natural and man-made hazards. HICA/MYDP - Hazard Identification Capability Assessment/Multi- Year Development Plan: A process implemented by the federal government in January 1985 that identifies the potential hazards that could affect a jurisdiction, the status of their capabili- ties to meet those hazards, and their plans for addressing iden- tified capability shortfalls. In FY 91, HICA/MYDP will be re- placed by the Capability and Hazard Identification Program (CHIP) . High Risk Area: Areas designated by the federal government, or locally through a Hazard Vulnerability analysis, as relatively more likely to experience the direct effects of certain natural disasters or nuclear attack. Host Area: Those surrounding cities and counties that have been designated or assigned to receive residents from designated military, industrial, or population centers to reduce the vulner- ability of the population to the effects of nuclear attack. Hurricane Study Area: One of the State' s five coastal study areas, identified in the Texas Coastal Hurricane Preparedness Program, which is a long-term study and planning project consisting of relocation (evacuation) , vulnerability analysis, contingency planning, and data maintenance and update. IAO - Individual Assistance Officer: A principal staff officer on the SCO staff and directly responsible to the SCO for all matters relating to individual assistance including the estab- lishment, location, and operation of DAC's and mobile teams. IEMS - Integrated Emergency Management System: A concept that applies mitigation, preparedness, response, and recovery activi- ties to all hazards in a local/State/Federal partnership. 32 "In-Place" Planning See CSP Inquiry Center (Local) : A location separated from the Emergency Operating Center where information requests from the public can be handled. Special disaster information telephone numbers are published relieving pressure on the Emergency Response System. This term is synonymous with "Rumor Control. " IRR = Increased Readiness Reporting: A reporting system outlined in FEMA CPG 2-10 series which would provide information concern- ing actions taken by local and state governments to increase readiness during periods of increased international tension, as well as public response to the crisis. JIC - Joint Information Center: A location established to coor- dinate disaster-related information between agencies involved prior to release to the media. Kgy Personnel : Those officials of local government and other agencies and organizations who have primary functional responsi- bilities. Rev_ Worker: An individual whose skills or services are required to continue operation of vital facilities and activities that will provide goods and services to the relocated population and host county residents, or ensure continuance of the nation' s production capabilities and preservation of the economic system. Level of Concern: The concentration of an extremely hazardous substance in the air above which there may be serious immediate health effects to anyone exposed to it for short periods of time. Liaison Team: A group of High Risk Area key personnel whose function is to coordinate Risk Area operations with Host Area officials. Lodging Facilities: Public or private buildings in designated reception areas that may be used to lodge and care for evacuees. Generally, assigned space is approximately 40 square feet per person. The facility may or may not meet criteria for designa- tion as a protective or fallout shelter. Maior Disaster: A major disaster means any natural catastrophe (including hurricane, tornado, storm, flood, high water, wind- driven water, tidal water, tsunami, earthquake, volcanic erup- tion, landslide, mudslide, snowstorm, or drought) or regardless of cause, any fire, flood, or explosion, in any part of the United States or its territories which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under Public Law 93-288 as amended by P.L. 100-700, to supplement the efforts and available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. 33 MCD - Minor Civil Division: Those component parts of counties that have been used traditionally for the presentation of statis- tics. They represent political or administrative subdivisions of the states and may be townships, precincts, districts, independ- ent municipalities, etc. Mobil Assistance Team: Personnel from federal, state, local, and private relief agencies which conduct meetings throughout an affected area to immediately aid victims or refer victims to where assistance may be available. Mutual-Aid Agreements : Arrangements between organizations, either public or private, for reciprocal aid and assistance in case of disasters too great to be dealt with unassisted. NAWAS - National Warning System: A nationwide, dedicated tele- phone hotline warning system. This system operates on the feder- al, state, and local levels. This system is used for attack and actual emergency warning. NCP = Nuclear Civil Protection: A planning effort designed to provide protection of the population through one or a combination of the following options: 1) in-place at or near their places of residence or work; and 2) orderly relocation of people from areas of potentially high risk from the direct effects of nuclear weapons to areas at lower risk. Under IEMS, former NCP planning is included under the umbrella of Population Protection Planning. NSS = National Shelter Survey: Computer listings of facilities which provide protection from radioactive fallout. On-Scene Command Post : Facility at a safe distance from an accident site where the incident commander, responders, and technical representatives can make response decisions, deploy manpower and equipment, maintain liaison with the media and handle communications. Operations Planning: The process of determining the need for application of resources and determining the methods of obtaining and committing these resources to fill the operational needs. Overpressure: The transient pressure, usually expressed in pounds per square inch, exceeding the ambient pressure, manifest- ed in the shock (or blast) wave from an explosion. The variation of the overpressure with time depends on the energy yield of the explosion, the distance from the point of burst, and the medium in which the weapon detonated. The peak overpressure is the maximum value of the overpressure at a given location and is generally experienced at the instant the shock (or blast) wave reaches the location. PF - Protection Factor: (Nuclear Attack) : Ration of outside radiation to that experienced inside a fallout shelter; i.e. , a person inside a PF 40 Shelter would receive only 1/40th of the radiation that exists outside the shelter. 34 Plume: A vapor-cloud formation associated with HAZMAT which has shape and buoyancy. PPP - Population Protection Planning: A process which provides for the development, exercising, maintenance, and improvement of plans to cope with the effects of natural disaster, technological hazards, and nuclear attack. RAC = Reception and Care Survey: A listing of facilities which have a capability to lodge and feed evacuees. Presidential Emergency Declaration: Any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. Presidential Major Disaster Declaration: Is issued when, in the determination of the President, a major disaster causes damage of sufficient severity and magnitude to warrant federal assistance under P.L. 93-288 , as amended by P.L. 100-707, to supplement recovery efforts and available resources of State and local governments and other relief organizations. Probability: The likelihood an event will occur. Protective Shelter: Any shelter with the capability to protect individuals, animals, or equipment from the effects of hazards such as tornadoes, blast, fire, initial radiation, and fallout. Some additional terms associated with protective shelters are: A. Expedient Shelter: Any shelter constructed in an emergency or crisis period on a crash basis by govern- ment, individuals, or single families. B. Fallout Shelter: A habitable structure, facility, or space used to protect its occupants from radioactive fallout. Criteria include a protection factor of 40PF or greater, a minimum of 10 square feet of floor space per person, and at least 3 cubic feet of fresh air per minute per person when capacity is based on minimum space requirements. In unventilated underground space, 500 cubic feet of space per person is required. C. Upgradable Shelter: Shelter space obtained by taking actions to improve fallout protection in existing facilities and spaces; usually accomplished by adding mass overhead and to walls through use of earth and other materials to establish a protection factor of 40PF or better. Races = Radio Amateur Civil Emergency_ Services: The FCC radio 35 communication service providing authority for emergency manage- ment agencies to utilize amateur radio frequencies to supplement these agencies ' normal communications in an emergency or disas- ter. Amateur operators supporting these agencies within this radio service must be certified by the emergency management agency they support as being a part of that agency. Radiological Emergency: A radiological/nuclear incident which requires immediate action to save lives, to protect public health, to preserve property, or to reduce or avoid an increase in th threat resulting from the incident. Radiological Monitoring: The use of detection equipment to determine the levels of radiation or the presence and concentra- tion of radioactive contamination to include the planning and data collection necessary to the task. Radiological Protection: The organized effort, through warning, detection, and preventive or remedial measures, to minimize the effect of nuclear radiation on people and resources. Reception Area: A specified area designated for reception and care of evacuees that is unaffected by the disaster or hazard, or in the case of possible nuclear attack, is relatively unlikely to experience direct weapons effects (blast of 2 PSI or more, heat, and initial nuclear radiation) . REM = Roentgen Equivalent Man: A special equivalent or radia- tion-dose equivalent. RLO = Regional Liaison Officer: DEM local representative. Roentgen: The unit of exposure from X or Gamma rays. Resources List: A current list of all resources (equipment, personnel, supplies) which can be used by emergency services in response to local disaster/emergencies. SCO = State Coordinating Officer: The person designated by the Governor to serve as the on-scene representative for the Division of Emergency Management and to work in concert with the Federal Coordinating Officer in administering State and Federal assist- ance to disaster victims. Shelter Manager: A pre-trained individual selected by the local coordinator to provide for internal organization, administration, and operation of a shelter facility. SOP = Standing Operating Procedures : A ready and continuous reference to those procedures which are unique to a situation and which are used for accomplishing specialized functions. Special Populations: Concentrations of people in one area or building for a special purpose or in certain circumstances (e.g. , deaf, handicapped, homebound persons; schools, hospitals, nursing 36 homes, orphanages, shopping center; etc. ) - Staging Area (SA) : A pre-selected location having large parking areas and cover for equipment, vehicle operators, and other personnel such as a major shopping area, schools, etc. The SA provides a base for coordinated emergency operations, assembly of persons to be moved by public transportation to reception juris- dictions, a rally point for mutual aid, or a debarking area for returning evacuees. State of Disaster: An executive order or proclamation that describes the nature of the disaster, designates the area threat- ened and the conditions that have brought about the State of Disaster, and date of termination. State Emergency Management Council : Representatives of each department and agency of State government whose legal function relates to important phases of emergency management; composed of 27 state agencies, boards, commissions and one volunteer relief agency. State Emergency Management Plan: State plan which is designated specifically for State-level response to emergencies or major disasters and which sets forth actions to be taken by the State and local governments, including those for implementing federal disaster assistance. State Radiation Team/Radiological Monitoring Team: Response team dispatched to the site of a radiological incident by the Bureau of Radiation Control, Texas Department of Health. This team or teams may be augmented by emergency management radiological moni- toring resources, to include aerial monitoring, if requested by the Department of Health. . At the incident scene, all radiation control capabilities are coordinated by the Department of Health which also furnishes technical guidance and other services to local government. TLETS Texas Law Enforcement Telecommunication Systems: An electronic message-switching system network providing land-line, teletype communications to federal, State, and local law enforce- ment agencies within Texas. Traffic Control Points: Places along evacuation routes that are manned by law enforcement officials to direct and control move- ment to and from the area being evacuated. Triage: A system of assigning priorities of medical treatment to the injured and/or ill on the basis of urgency, chance of surviv- al, etc. Vulnerability (or Risk) : The degree to which people, property, the environment, or social and economic activity--in short, all elements-at-risk--are susceptible to injury, damage, disruption, or loss of life. 37 Vulnerable Zone: 'An area over which the airborne concentration of a chemical involved in an accidental release could reach the level of concern. • 38