CHAPTER 37: EMERGENCY MANAGEMENT

Section
General Provisions
37.01 Need for cooperation
37.02 Liability disclaimer
37.03 Definitions
37.04 Emergency orders supersede
37.05 Chapter not to conflict with state or federal laws

Organization and Implementation
37.15 Director responsibilities
37.16 Director powers and duties
37.17 Participation in county-wide program
37.18 Operational organization
37.19 Personnel oath
37.20 City expenditure or obligation; Council approval required

Unlawful Acts
37.30 Obstruction or failure to obey
37.31 Simulation of warning signal
37.32 Impersonating emergency management personnel

GENERAL PROVISIONS

§ 37.01 NEED FOR COOPERATION.
(A) There is hereby declared to be a necessity for city-wide cooperation between the city government
and its citizens with respect to emergency management.

(B) This chapter shall be known as the Emergency Management Ordinance.
(Prior Code, § 2-14) (Ord. 19-37A, passed - - )
Statutory reference:
Disaster Act of 1975, see Tex. Gov’t Code, §§ 418.001 - 418.004, 418.011 - 418.024, 418.041 -
418.048, 418.071 - 418.074, 418.101 - 418.109, 418.121 - 418.124, 418.151 - 418.154, and
418.171 - 418.174
State of emergency; police power; use of militia, see Tex. Gov’t Code, §§ 433.001 - 433.007

§ 37.02 LIABILITY DISCLAIMER.
(A) City. This chapter 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 chapter shall be liable for any damage sustained to persons as the result of that activity.

(B) Individual. 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 that real estate or premises for the purpose of sheltering persons during an actual, impending, or practice enemy attack, 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 that real estate or premises under that license, privilege, or other permission or for loss of, or damage to, the property of that person.
(Prior Code, §§ 2-15 and 23-6)

§ 37.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COORDINATOR. The Emergency Management Coordinator. The COORDINATOR shall be
appointed by the City Manager and serve at his or her pleasure.

DIRECTOR. The Emergency Management Director of the city. DIRECTOR shall mean the Mayor
of the city or his or her successor as provided by the City Charter.
(Prior Code, § 23-1) (Ord. 19-37A, passed - - )

§ 37.04 EMERGENCY ORDERS SUPERSEDE.
At all times when the orders, rules, and regulations made and promulgated pursuant to this chapter
shall be in effect, they shall supersede and override all existing ordinances, orders, rules, sections of this
code, and regulations insofar as the latter may be inconsistent therewith.
(Prior Code, § 23-9)

§ 37.05 CHAPTER NOT TO CONFLICT WITH STATE OR FEDERAL LAWS.
This chapter shall not be construed so as to conflict with any state or federal statute or with any
military or naval order, rule, or regulation.
(Prior Code, § 23-13)

ORGANIZATION AND IMPLEMENTATION

§ 37.15 DIRECTOR RESPONSIBILITIES.
(A) The Director shall be responsible for conducting a program of comprehensive emergency
management within the city. The powers of the Director shall include the authority to declare a state of
disaster, but this action may be subject to confirmation by the City Council at its next meeting.

(B) In coordination with the City Manager or Deputy City Manager, the Emergency Management
Director shall have the following duties and responsibilities:

(1) The direction and control of the actual disaster operations of the City Emergency Management Organization as well as the training of emergency management personnel;

(2) The determination of all questions of authority and responsibility that may arise within the
Emergency Management Organization of the city;

(3) The maintenance of necessary liaison with other municipal, county, district, state, regional,
federal, or other emergency management organizations;

(4) The marshaling, after declaration of a disaster as provided for above, 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;

(5) The issuance of reasonable rules, regulations, or directives which are necessary for the protection of life and property in the city. Those rules and regulations shall be filed in the office of the City Secretary and shall receive widespread publicity unless publicity would be of aid and comfort to the enemy;

(6) The 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;

(7) The 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;

(8) The authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes; and

(9) Any other powers and duties deemed necessary and appropriate under the circumstances.

(C) The City Manager or Deputy City Manager may delegate authority for execution of these duties
to the Coordinator, but the ultimate responsibility for their execution shall remain with the Director.
(Prior Code, § 23-2) (Ord. 19-37A, passed - - )

§ 37.16 DIRECTOR POWERS AND DUTIES.
The powers and duties of the Director shall include conducting an ongoing survey of actual or
potential major hazards which threaten life and property within the city and conducting 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 these hazards if a disaster did occur. As part of his or her responsibility in hazard mitigation, the Director shall supervise the development of an emergency management plan for the city, and shall recommend that plan for adoption by the City Council along with any and all mutual aid plans and agreements which are deemed essential for the implementation of that emergency management plan. The powers of the Director shall include the authority to declare a state of disaster, but this action may not be continued or renewed for a period in excess of seven days except by or with consent of the City Council. The Director shall have the power to issue all necessary proclamations as to the existence of a disaster and the immediate operational effectiveness of the city’s emergency management plan. The duties of the Director shall also include the causing of a survey of the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as provided for herein, as well as a continuing study of the need for amendments and improvements in the emergency management plan.
(Prior Code, § 23-3)

§ 37.17 PARTICIPATION IN COUNTY-WIDE PROGRAM.
The Mayor of the city 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, as well as all powers necessary to participate in a county-wide program of emergency management insofar as that program may affect the city. The City Manager or Deputy City Manager shall have the authority to cooperate with the County Judge and the mayors of the other cities in the county in the appointment of a joint emergency
management coordinator.
(Prior Code, § 23-4)

§ 37.18 OPERATIONAL ORGANIZATION.
(A) Composition. The operational Emergency Management Organization of the city shall consist of
the officers and employees of the city so designated by the Director, with the assistance of the City
Manager or Deputy City Manager, in the emergency management plan, as well as all organized volunteer groups.

(B) Functions and duties. The functions and duties of this organization shall be distributed among
these officers and employees in accordance with the terms of the emergency management plan. The plan shall set forth the form of the organization, establish and designate divisions and functions, assign tasks, duties, and powers, and designate officers and employees to carry out the provisions of this chapter.

(C) Conformance to state and federal recommendations. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the state divisions of emergency management of the state and of the federal government.
(Prior Code, § 23-5)

§ 37.19 PERSONNEL OATH.
Each employee or any individual that is assigned a function or responsibility under this chapter shall
solemnly swear or affirm to support and defend the U.S. Constitution, the laws of the state, and the
ordinances of the city.
(Prior Code, § 23-7)

§ 37.20 CITY EXPENDITURE OR OBLIGATION; COUNCIL APPROVAL REQUIRED.
No person shall have the right to expend any public funds of the city in carrying out any emergency
management activity authorized by this chapter 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.
(Prior Code, § 23-8)

UNLAWFUL ACTS

§ 37.30 OBSTRUCTION OR FAILURE TO OBEY.
It shall be unlawful for any person wilfully to obstruct, hinder, or delay any member of the Emergency
Management Organization in the enforcement of any rule or regulation issued pursuant to this chapter, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this chapter.
(Prior Code, § 23-10) Penalty, see § 10.99

§ 37.31 SIMULATION OF WARNING SIGNAL.
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 misdemeanor.
(Prior Code, § 23-11) Penalty, see § 10.99

§ 37.32 IMPERSONATING EMERGENCY MANAGEMENT PERSONNEL.
It shall 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 that person by the proper officials.
(Prior Code, § 23-12) Penalty, see § 10.99