(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)
(1)
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.
(2)
He or she may delegate authority for execution of these duties to
the coordinator, but ultimate responsibility for the execution shall
remain with the director.
(d)
(1)
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, as well as organized
volunteer groups.
(2)
The functions and duties of this organization shall be distributed
among the officers and employees in accordance with the terms of the
emergency management plan.
(2004 Code, sec. 33.01)
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 ongoing program of identifying
and requiring or recommending the implementation of measures which
would tend to prevent the occurrence or reduce the impact of the hazards
if a disaster did occur;
(2)
Supervision
of the development and approval of an emergency management plan for
the city and shall recommend for adoption by the city council all
mutual aid arrangements deemed necessary for the implementation of
the plan;
(3)
Authority
to declare a local state of disaster. The declaration may not be continued
or renewed for a period in excess of seven 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. The proclamations,
regulations or directives shall be disseminated promptly by means
calculated to bring the 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
or federal emergency management organizations;
(8)
Marshaling
of all necessary personnel, equipment or supplies from any department
of the city to aid in the carrying out of 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 the city is located
and with other municipalities within the county, for the county-wide
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 attorney, 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; and
(13)
Other requirements as specified in Texas Disaster Act 1975, being
Tex. Gov’t Code, chapter 418.
(2004 Code, sec. 33.02)
(a)
A
comprehensive emergency management plan shall be developed and maintained
in a current state.
(b)
(1)
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.
(2)
As provided by state law, the plan shall follow the standards and
criteria established by the state division of emergency management.
(c)
Insofar
as possible, the form of organization, titles and terminology shall
conform to the recommendations of the state division of emergency
management.
(d)
(1)
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.
(2)
The emergency management plan shall be considered supplementary to
this article and have the effect of law during the time of a disaster.
(2004 Code, sec. 33.03)
The mayor is hereby authorized to join with the county judge
and the mayors of the 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 county-wide program
of emergency management insofar as the program may affect the city.
(2004 Code, sec. 33.04)
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.
(2004 Code, sec. 33.05)
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 as allowed by law may expend and/or commit public funds of the
city when deemed prudent and necessary for the protection of health,
life, or property.
(2004 Code, sec. 33.07)
(a)
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 the 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 the activity.
(b)
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 the real estate or premises for the purpose
of sheltering persons during an actual, impending or practice enemy
attack or natural or man-made disaster shall, together with his or
her successors in interest, if any, not be civilly liable for the
death of, or injury to, any person on or about the real estate or
premises under the license, privilege or other permission or for loss
of or damage to the property of the person.
(2004 Code, sec. 33.06)
(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.
(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)
Convictions
for violations of the provisions of this section shall be punishable
by fine in a sum not to exceed $2,000.00 for each offense, and a separate
offense shall be deemed committed upon each day during or on which
a violation occurs or continues.
(2004 Code, sec. 33.99)
