(a)
There
exists the office of emergency management director of the city, which
shall be held by the mayor in accordance with state law.
(b)
An
emergency management coordinator may be appointed by and serve at
the pleasure of the director.
(c)
The
director shall be responsible for a program of comprehensive emergency
management within the city and for carrying out the duties and responsibilities
set forth in this article. He/she may delegate authority for execution
of these duties to the coordinator, but ultimate responsibility for
such execution shall remain with the director.
(d)
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 management plan. The functions and duties of this
organization shall be distributed among such officers and employees
in accordance with the terms of the emergency management plan.
(1991 Code, sec. 7.801)
The duties and responsibilities of the emergency management
director shall include the following:
(1)
Conduct
an ongoing survey of actual or potential major hazards which threaten
life and property within the city, and an ongoing program of identifying
and requiring or recommending the implementation of measures which
would tend to prevent the occurrence or reduce the impact of such
hazards if a disaster did occur.
(2)
Supervision
of the development and approval of an emergency management plan for
the city, and recommend for adoption by the city council all mutual
aid arrangements deemed necessary for the implementation of such plan.
(3)
Authority
to declare a state of disaster. The declaration 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 directives which are necessary
for carrying out the purposes of this article. Such proclamations,
regulations or directives shall be disseminated promptly by means
calculated to bring their contents to the attention of the general
public and, unless circumstances attendant on the disaster prevent
or impede, promptly filed with the city secretary.
(5)
Direction
and control of the operations of the city emergency management organization
as well as the training of emergency management personnel.
(6)
Determination
of all questions of authority and responsibility that may arise within
the emergency management organization of the city.
(7)
Maintenance
of liaison with other municipal, county, district, state, regional,
federal or other emergency management organizations.
(8)
Marshaling
of all necessary personnel, equipment or supplies from any department
of the city to aid in carrying out the provisions of the emergency
management plan.
(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 said city is located
and with other municipalities within the county, for the countywide
coordination of emergency management efforts.
(10)
Supervision of and final authorization for the procurement of all
necessary supplies and equipment, including acceptance 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 council, for
use of private property for public shelter and other purposes.
(12)
Survey of the availability of existing personnel, equipment, supplies,
and services which could be used during a disaster, as provided for
herein.
(13)
Other requirements as specified in Texas Disaster Act of 1975 (V.T.C.S.
article 6889-7), as amended.
(1991 Code, sec. 7.802)
A comprehensive emergency management plan shall be developed
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 article.
As provided by state law, the plan shall follow the standards and
criteria established by the state division of emergency management.
Insofar as possible, the form of organization, titles, and terminology
shall conform to the recommendations of the state division of emergency
management. 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 considered supplementary
to this article and have the effect of law during the time of a disaster.
(1991 Code, sec. 7.803)
The mayor is hereby authorized to join with the county judge
and the mayors of other cities in the county in the formation of an
emergency management council for the county and shall have the authority
to cooperate in the preparation of a joint emergency management plan
and in the appointment of a joint emergency 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.
(1991 Code, sec. 7.804)
At all times when the orders, rules, and regulations made and
promulgated pursuant to this article shall be in effect, they shall
supersede and override all existing ordinances, orders, rules, and
regulations insofar as the latter may be inconsistent therewith.
(1991 Code, sec. 7.805)
This article is an exercise by the city of its governmental
functions for the protection of the public peace, health, and safety
and neither the city, the agents and representatives of said city,
nor any individual, receiver, firm, partnership, corporation, association,
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 article
shall be liable for any damage sustained to persons as the result
of said activity. Any person owning or controlling real estate or
other premises who voluntarily and without compensation grants to
the city a license or 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 persons during
an actual, impending, or practice enemy attack or natural or manmade
disaster shall, together with his successors 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.
(1991 Code, sec. 7.806)
No person shall have the right to expend any public funds of
the city in carrying out any emergency management activity authorized
by this article 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
necessary for the protection of health, life, and property.
(1991 Code, sec. 7.807)
(a)
It
shall be unlawful for any person willfully to obstruct, hinder, or
delay any member of the emergency management organization in the enforcement
of any rule or regulation issued pursuant to this article, or to do
any act forbidden by any rule or regulation issued pursuant to the
authority contained in this article.
(b)
It
shall likewise be unlawful for any person to wear, carry or display
any emblem, insignia or any other means of identification 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 article and shall be subject
to the penalties imposed by this section.
(1991 Code, sec. 7.808)
