The roughly three-hour hearing was lawmakers’ first to consider specific policies in response to the deadly flooding. About a dozen people testified before the committee Aug. 5, in contrast with emotional 12- and 13-hour hearings held in late July, during which officials and residents spoke of gaps in local disaster response and recovery efforts.
“We need to do better for the people in this community that are suffering,” Alicia Jeffrey Baker, whose parents and 11-year-old daughter died in the July 4 floods, told lawmakers July 31.
At a glance
The bills discussed Aug. 5 would create licensing requirements for local emergency managers, facilitate the development of a statewide emergency communications plan and require recreational campgrounds located near waterways to have flood disaster plans.
The House committee did not vote on the legislation Aug. 5, with committee chair Rep. Ken King, R-Canadian, noting that they would advance the bills and discuss other proposals during future hearings.
The hearing took place two days after dozens of House Democrats left the state Aug. 3 to stall a vote on a proposed congressional map. Republicans have said the map is designed to help the GOP net additional congressional seats, while some Democrats said it would “dilute” the voting power of minority communities.
Two of the three Democrats on the House Disaster Preparedness and Flooding Committee were present for the Aug. 5 hearing, which was announced after Democrats left the state. If the committee sends bills to the House, they cannot be discussed by the full chamber until at least 100 House members—known as a quorum—are present.
“Regardless of what other politics are going on, ... we will continue to interview witnesses; we will continue to craft common sense legislation,” King said Aug. 5. “And when our colleagues come back, we are going to pass these bills and provide a reasonable response to the entire state of Texas and certainly to the victims of the Kerrville flood.”
Zooming in
Rep. Joe Moody, D-El Paso, said lawmakers needed more information from the governor’s office and state agencies about executive actions that could be taken to provide funding and resources to flooded communities without new legislation. He questioned why the governor’s office or the Texas Department of State Health Services, which regulates summer camps and campgrounds, was not present at the Aug. 5 hearing.
“In the not too distant past, there were a number of extraordinary actions that have come from the [governor] in times of need,” Moody said. “I want to know what we can do right now, because games shouldn't be played with this topic. If it needs legislation, we will pass it. If it doesn't, then it needs to be done now.”
One of the bills discussed Aug. 5, King’s House Bill 1, would require emergency management coordinators for cities and counties to be licensed. Texas Division of Emergency Management Chief Nim Kidd told lawmakers July 23 that there are “no minimum qualifications” to be a local emergency manager.
“There is no national certification to be an emergency manager, and frankly, there is no state certification,” Kidd added Aug. 5. “I think what we're trying to achieve here is to make sure the people that are responsible for doing this role across the state of Texas ... really understand the mechanics of emergency management.”
HB 1 would also create a training program for local justices of the peace to learn how to manage disasters that cause mass casualties.
“The training [would] ensure that these local officials are prepared to make decisions for autopsy referrals, understand the standards for identifying and documenting bodies and know the best practices of handling missing persons in coordinated efforts with multiple government agencies during mass fatality events,” King told committee members. “If a justice of the peace does not take the training in the first year they are elected, they could be removed.”
King also authored House Bill 2, which is aimed at improving first responder communications after similar legislation did not reach the governor’s desk during the regular legislative session. HB 2 would establish a state interoperability council that would develop a statewide emergency communications plan and administer grants to help local governments acquire new equipment.
“My goal is to ensure that every first responder putting their life on the line to battle all of these different emergencies has the tools they need to communicate effectively with those around them,” King said. “The more disasters we go through, the more we find that everybody's communicating on a different channel.”
Echoing July 23 testimony from emergency communications experts, King said it typically takes about 36 hours for all first responders to get on the same radio channels in the wake of a disaster.
He said that while there was “no silver bullet” to solve all problems with disaster preparedness and response, he hoped that HB 1 and 2 would help “shorten the timeline of a tragedy.”
More details
House Bill 19, by Rep. Drew Darby, R-San Angelo, would require all public and private campgrounds located along waterways to create “actionable flood plans” and post them online.
Darby said the DSHS would be required to adopt rules governing those flood plans by March 1, and campgrounds would submit their plans by May 1. Campgrounds that do not create flood emergency plans would face fines of up to $1,000 per day, he said.
“After the Kerrville hearing, it became apparent to me ... that some of our camps were not just wholly unprepared for this catastrophic event—they were wholly unprepared for any flooding event,” Darby said Aug. 5. “Being ill-equipped to handle a flood as a private citizen is one thing, but as a campground in charge of the lives of children, many of whom know nothing about the rivers or their dangers, [it] is malpractice.”
The committee also discussed House Bill 18, which would expand Texas’ broadband infrastructure fund to cover emergency communication and warning systems, and House Bill 20, which is aimed at preventing fraudulent organizations from soliciting and receiving donations in the wake of disasters.
Also of note
On Aug. 6, the House Culture, Recreation and Tourism Committee heard from the DSHS and representatives of two Hill Country summer camps. Leaders from Camp Mystic, a girls' Christian camp that lost 27 campers and counselors in the July 4 floods, did not testify.
Rep. Cody Vasut, R-Angleton, questioned how to best ensure youth camps are prepared for future floods and other disasters.
“The legislature could pass safety standards for the camps, [but] I don't know if that's the best thing for us to do, because they're all so different,” Vasut said Aug. 6. “But then, I also don't know if relying entirely on the agency to do it is the right approach. I don't necessarily know.”
Steve Baskin, co-director of Camp Champions in Marble Falls and American Camp Association board chair, shared several policy recommendations during the Aug. 6 hearing. He said camps should be required to:
- Coordinate with local law enforcement and first responders on annual emergency plans
- Have communication systems that work without cell service or electricity, such as two-way radios or air horns
- Have “a very clear way to get word out to parents” and communicate with staff in emergencies
Texas’ 30-day special legislative session ends Aug. 19.
