2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
CHAPTER 778. EMERGENCY MANAGEMENT ASSISTANCE COMPACT  

HEALTH AND SAFETY CODE

TITLE 9. SAFETY

SUBTITLE B. EMERGENCIES

CHAPTER 778. EMERGENCY MANAGEMENT ASSISTANCE COMPACT

Sec. 778.001. EXECUTION OF INTERSTATE COMPACT. This state

enacts the Emergency Management Assistance Compact and enters

into the compact with all other states legally joining in the

compact in substantially the following form:

EMERGENCY MANAGEMENT ASSISTANCE COMPACT

ARTICLE I--PURPOSE AND AUTHORITIES

This compact is made and entered into by and between the

participating member states which enact this compact, hereinafter

called party states. For the purposes of this agreement, the term

"states" is taken to mean the several states, the Commonwealth of

Puerto Rico, the District of Columbia, and all U.S. territorial

possessions.

The purpose of this compact is to provide for mutual assistance

between the states entering into this compact in managing any

emergency or disaster that is duly declared by the governor of

the affected state(s), whether arising from natural disaster,

technological hazard, man-made disaster, civil emergency aspects

of resources shortages, community disorders, insurgency, or enemy

attack.

This compact shall also provide for mutual cooperation in

emergency-related exercises, testing, or other training

activities using equipment and personnel simulating performance

of any aspect of the giving and receiving of aid by party states

or subdivisions of party states during emergencies, such actions

occurring outside actual declared emergency periods. Mutual

assistance in this compact may include the use of the states'

National Guard forces, either in accordance with the National

Guard Mutual Assistance Compact or by mutual agreement between

states.

ARTICLE II--GENERAL IMPLEMENTATION

Each party state entering into this compact recognizes many

emergencies transcend political jurisdictional boundaries and

that intergovernmental coordination is essential in managing

these and other emergencies under this compact. Each state

further recognizes that there will be emergencies which require

immediate access and present procedures to apply outside

resources to make a prompt and effective response to such an

emergency. This is because few, if any, individual states have

all the resources they may need in all types of emergencies or

the capability of delivering resources to areas where emergencies

exist.

The prompt, full, and effective utilization of resources of the

participating states, including any resources on hand or

available from the Federal Government or any other source, that

are essential to the safety, care, and welfare of the people in

the event of any emergency or disaster declared by a party state,

shall be the underlying principle on which all articles of this

compact shall be understood.

On behalf of the governor of each state participating in the

compact, the legally designated state official who is assigned

responsibility for emergency management will be responsible for

formulation of the appropriate interstate mutual aid plans and

procedures necessary to implement this compact.

ARTICLE III--PARTY STATE RESPONSIBILITIES

A. It shall be the responsibility of each party state to

formulate procedural plans and programs for interstate

cooperation in the performance of the responsibilities listed in

this article. In formulating such plans, and in carrying them

out, the party states, insofar as practical, shall:

i. Review individual state hazards analyses and, to the extent

reasonably possible, determine all those potential emergencies

the party states might jointly suffer, whether due to natural

disaster, technological hazard, man-made disaster, emergency

aspects of resource shortages, civil disorders, insurgency, or

enemy attack.

ii. Review party states' individual emergency plans and develop a

plan which will determine the mechanism for the interstate

management and provision of assistance concerning any potential

emergency.

iii. Develop interstate procedures to fill any identified gaps

and to resolve any identified inconsistencies or overlaps in

existing or developed plans.

iv. Assist in warning communities adjacent to or crossing the

state boundaries.

v. Protect and assure uninterrupted delivery of services,

medicines, water, food, energy and fuel, search and rescue, and

critical lifeline equipment, services, and resources, both human

and material.

vi. Inventory and set procedures for the interstate loan and

delivery of human and material resources, together with

procedures for reimbursement or forgiveness.

vii. Provide, to the extent authorized by law, for temporary

suspension of any statutes or ordinances that restrict the

implementation of the above responsibilities.

B. The authorized representative of a party state may request

assistance of another party state by contacting the authorized

representative of that state. The provisions of this agreement

shall only apply to requests for assistance made by and to

authorized representatives. Requests may be verbal or in writing.

If verbal, the request shall be confirmed in writing within 30

days of the verbal request. Requests shall provide the following

information:

i. A description of the emergency service function for which

assistance is needed, such as but not limited to fire services,

law enforcement, emergency medical, transportation,

communications, public works and engineering, building

inspection, planning and information assistance, mass care,

resource support, health and medical services, and search and

rescue.

ii. The amount and type of personnel, equipment, materials and

supplies needed, and a reasonable estimate of the length of time

they will be needed.

iii. The specific place and time for staging of the assisting

party's response and a point of contact at that location.

C. There shall be frequent consultation between state officials

who have assigned emergency management responsibilities and other

appropriate representatives of the party states with affected

jurisdictions and the United States Government, with free

exchange of information, plans, and resource records relating to

emergency capabilities.

ARTICLE IV--LIMITATIONS

Any party state requested to render mutual aid or conduct

exercises and training for mutual aid shall take such action as

is necessary to provide and make available the resources covered

by this compact in accordance with the terms hereof; provided

that it is understood that the state rendering aid may withhold

resources to the extent necessary to provide reasonable

protection for such state. Each party state shall afford to the

emergency forces of any party state, while operating within its

state limits under the terms and conditions of this compact, the

same powers (except that of arrest unless specifically authorized

by the receiving state), duties, rights, and privileges as are

afforded forces of the state in which they are performing

emergency services. Emergency forces will continue under the

command and control of their regular leaders, but the

organizational units will come under the operational control of

the emergency services authorities of the state receiving

assistance. These conditions may be activated, as needed, only

subsequent to a declaration of a state of emergency or disaster

by the governor of the party state that is to receive assistance

or commencement of exercises or training for mutual aid and shall

continue so long as the exercises or training for mutual aid are

in progress, the state of emergency or disaster remains in effect

or loaned resources remain in the receiving state(s), whichever

is longer.

ARTICLE V--LICENSES AND PERMITS

Whenever any person holds a license, certificate, or other permit

issued by any state party to the compact evidencing the meeting

of qualifications for professional, mechanical, or other skills,

and when such assistance is requested by the receiving party

state, such person shall be deemed licensed, certified, or

permitted by the state requesting assistance to render aid

involving such skill to meet a declared emergency or disaster,

subject to such limitations and conditions as the governor of the

requesting state may prescribe by executive order or otherwise.

ARTICLE VI--LIABILITY

Officers or employees of a party state rendering aid in another

state pursuant to this compact shall be considered agents of the

requesting state for tort liability and immunity purposes; and no

party state or its officers or employees rendering aid in another

state pursuant to this compact shall be liable on account of any

act or omission in good faith on the part of such forces while so

engaged or on account of the maintenance or use of any equipment

or supplies in connection therewith. Good faith in this article

shall not include willful misconduct, gross negligence, or

recklessness.

ARTICLE VII--SUPPLEMENTARY AGREEMENTS

Inasmuch as it is probable that the pattern and detail of the

machinery for mutual aid among two or more states may differ from

that among the states that are party hereto, this instrument

contains elements of a broad base common to all states, and

nothing herein contained shall preclude any state from entering

into supplementary agreements with another state or affect any

other agreements already in force between states. Supplementary

agreements may comprehend, but shall not be limited to,

provisions for evacuation and reception of injured and other

persons and the exchange of medical, fire, police, public

utility, reconnaissance, welfare, transportation and

communications personnel, and equipment and supplies.

ARTICLE VIII--COMPENSATION

Each party state shall provide for the payment of compensation

and death benefits to injured members of the emergency forces of

that state and representatives of deceased members of such forces

in case such members sustain injuries or are killed while

rendering aid pursuant to this compact, in the same manner and on

the same terms as if the injury or death were sustained within

their own state.

ARTICLE IX--REIMBURSEMENT

Any party state rendering aid in another state pursuant to this

compact shall be reimbursed by the party state receiving such aid

for any loss or damage to or expense incurred in the operation of

any equipment and the provision of any service in answering a

request for aid and for the costs incurred in connection with

such requests; provided, that any aiding party state may assume

in whole or in part such loss, damage, expense, or other cost, or

may loan such equipment or donate such services to the receiving

party state without charge or cost; and provided further, that

any two or more party states may enter into supplementary

agreements establishing a different allocation of costs among

those states. Article VIII expenses shall not be reimbursable

under this provision.

ARTICLE X--EVACUATION

Plans for the orderly evacuation and interstate reception of

portions of the civilian population as the result of any

emergency or disaster of sufficient proportions to so warrant,

shall be worked out and maintained between the party states and

the emergency management/services directors of the various

jurisdictions where any type of incident requiring evacuations

might occur. Such plans shall be put into effect by request of

the state from which evacuees come and shall include the manner

of transporting such evacuees, the number of evacuees to be

received in different areas, the manner in which food, clothing,

housing, and medical care will be provided, the registration of

the evacuees, the providing of facilities for the notification of

relatives or friends, and the forwarding of such evacuees to

other areas or the bringing in of additional materials, supplies,

and all other relevant factors. Such plans shall provide that the

party state receiving evacuees and the party state from which the

evacuees come shall mutually agree as to reimbursement of

out-of-pocket expenses incurred in receiving and caring for such

evacuees, for expenditures for transportation, food, clothing,

medicines and medical care, and like items. Such expenditures

shall be reimbursed as agreed by the party state from which the

evacuees come. After the termination of the emergency or

disaster, the party state from which the evacuees come shall

assume the responsibility for the ultimate support of

repatriation of such evacuees.

ARTICLE XI--IMPLEMENTATION

A. This compact shall become operative immediately upon its

enactment into law by any two (2) states; thereafter, this

compact shall become effective as to any other state upon its

enactment by such state.

B. Any party state may withdraw from this compact by enacting a

statute repealing the same, but no such withdrawal shall take

effect until 30 days after the governor of the withdrawing state

has given notice in writing of such withdrawal to the governors

of all other party states. Such action shall not relieve the

withdrawing state from obligations assumed hereunder prior to the

effective date of withdrawal.

C. Duly authenticated copies of this compact and of such

supplementary agreements as may be entered into shall, at the

time of their approval, be deposited with each of the party

states and with the Federal Emergency Management Agency and other

appropriate agencies of the United States Government.

ARTICLE XII--VALIDITY

This compact shall be construed to effectuate the purposes stated

in Article I hereof. If any provision of this compact is declared

unconstitutional, or the applicability thereof to any person or

circumstances is held invalid, the constitutionality of the

remainder of this compact and the applicability thereof to other

persons and circumstances shall not be affected thereby.

ARTICLE XIII--ADDITIONAL PROVISIONS

Nothing in this compact shall authorize or permit the use of

military force by the National Guard of a state at any place

outside that state in any emergency for which the President is

authorized by law to call into federal service the militia, or

for any purpose for which the use of the Army or the Air Force

would in the absence of express statutory authorization be

prohibited under Section 1385 of Title 18, United States Code.

Added by Acts 1997, 75th Leg., ch. 169, Sec. 1, eff. Sept. 1,

1997.


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