TITLE 4. EXECUTIVE BRANCH

SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION

CHAPTER 418. EMERGENCY MANAGEMENT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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.


Sec. 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 persons 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 mitigation, preparedness, response, and
recovery;
(6)  authorize and provide for coordination of activities relating to disaster mitigation,
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 predisaster
preparedness and postdisaster response;
(8)  assist in mitigation 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. Amended by Acts 1997, 75th Leg., ch. 992,
Sec. 1, eff. Sept. 1, 1997.


Sec. 418.003.  LIMITATIONS.  This chapter does not:
(1)  limit the governor's authority to apply for, administer, or expend any grant, gift, or
payment in aid of disaster mitigation, 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 stations, 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 performance of functions related to disasters;
(5)  except as provided by Section 418.184, authorize the seizure or confiscation of any firearm
or ammunition from an individual who is lawfully carrying or possessing the firearm or
ammunition; or
(6)  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 provisions of this chapter.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992,
Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 18, Sec. 1, eff. April 27, 2007.


Sec. 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 contamination, blight, drought, infestation, explosion, riot,
hostile military or paramilitary action, other public calamity requiring emergency action, or
energy emergency.
(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, natural gas, or liquid fuel 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,
a volunteer fire department, a volunteer rescue squad, 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 Robert T. Stafford Disaster Relief
and Emergency Assistance Act, Pub. L. No. 93-288, as amended.
(8)  "Joint board" means a board created under Section 22.074, Transportation Code, whose
constituent agencies are populous home-rule municipalities as defined by Section 22.071,
Transportation Code.
(9)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.08, eff. June 15, 2007.
(10)  "Local government entity" means a county, incorporated city, independent school
district, emergency services district, other special district, joint board, or other entity defined
as a political subdivision under the laws of this state that maintains the capability to provide
mutual aid.
(11)  "Mutual aid" means a homeland security activity, as defined by Section 421.001,
performed under the system or a written mutual aid agreement.
(12)  "Requesting local government entity" means a local government entity requesting
mutual aid assistance under the system.
(13)  "Responding local government entity" means a local government entity providing
mutual aid assistance in response to a request under the system.
(14)  "System" means the Texas Statewide Mutual Aid System.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 497,
Sec. 1, eff. June 12, 1995; Acts 1997, 75th Leg., ch. 992, Sec. 2, eff. Sept. 1, 1997; Acts 2003, 78th
Leg., ch. 33, Sec. 1, eff. May 14, 2003; Acts 2003, 78th Leg., ch. 72, Sec. 1, eff. May 16, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1337, Sec. 6, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.01, eff. June 6, 2007.
Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 1.08, eff. June 6, 2007.
Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.01, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.08, eff. June 15, 2007.


Sec. 418.005.  EMERGENCY MANAGEMENT TRAINING.  (a)  This section applies only to an
appointed public officer:
(1)  whose position description, job duties, or assignment includes emergency management
responsibilities; or
(2)  who plays a role in emergency preparedness, response, or recovery.
(b)  Each person described by Subsection (a) shall complete a course of training provided or
approved by the division of not less than three hours regarding the responsibilities of state
and local governments under this chapter not later than the 180th day after the date the
person:
(1)  takes the oath of office, if the person is required to take an oath of office to assume the
person's duties as an appointed public officer; or
(2)  otherwise assumes responsibilities as an appointed public officer, if the person is not
required to take an oath of office to assume the person's duties.
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