Capitol Watch: Disaster Proclamations
By State Representative Larry Phillips
Feb 3, 2008
Print this page
Email this article
This week I will take a break from discussing interim charges and focus on disaster proclamations.  This past week, Governor Perry issued a proclamation declaring 152 counties, including Grayson and Fannin, as being threatened by extreme fire hazard.  Such proclamations allow the state to act quickly and to get more resources to affected areas to mitigate the disaster. 

By law, the governor has the responsibility to prepare for and respond to disasters.  A proclamation or executive order declaring a disaster has the effect of law.  The governor may declare a state of disaster if the governor finds a disaster has occurred or that there is a significant, imminent threat.  A declaration of disaster must include a description of the nature of the disaster; a designation of the area threatened; and a description of the conditions that have caused the disaster.  The proclamation is then publicized and filed with the division of emergency management, the secretary of state, and the county clerk or city secretary in each area to which it applies.

A proclamation has several effects: it activates the state emergency management plan for the affected area; it  authorizes the use of any forces which are required by the emergency plan;  and it authorizes the use or distribution of any supplies, equipment, and materials or facilities necessary under such circumstances.  The governor may also suspend any regulations regarding state business if  such regulations in any way prevent, hinder, or delay necessary action in coping with a disaster. During a state of disaster and the following recovery period, the governor is the commander in chief of state agencies, boards, and commissions having emergency responsibilities. 

The Emergency Management Council, a division within the Governor's office, coordinates the various state agencies involved in responding to a disaster.  The council is composed of the heads of state agencies, boards, and commissions and representatives of organized volunteer groups.  Additionally, the council can make recommendations to the Department of Public Safety as to which private emergency organizations, such as the Red Cross, should be authorized to operate certain vehicles as designated emergency vehicles in the case of a disaster.

For more information on any matter of state government, please contact my office by writing to P.O. Box 2910, Austin, TX 78768-2910 or by emailing me at larry.phillips@house.state.tx.us.    My district office phone number is (903) 891-7297