Document Type

Article

Publication Date

3-2018

Journal Title

South Texas Law Review

ISSN

1052-343X

Abstract

Texas has a very comprehensive emergency management program that should be the envy of every state in the union. However, the manner in which we as a profession have achieved this may have inadvertently circumvented the proper administrative law procedures required in Texas. This has likely caused Texas to accidently engage in ad hoc rulemaking that--if left as is--could set the conditions to create a damaging friction between the state and municipal governments. That friction would erode the interoperability necessary to protect property and to save lives during a disaster. This Article provides: (1) a brief history of the development of statutes and formal rules related to emergency management in Texas; (2) an examination of ad hoc rulemaking in Texas and how Texas Division of Emergency Management explanatory material and compliance manuals may have exceeded simply being “guidance”; and (3) solutions that may preserve interoperability within the profession and compliance with the Texas Administrative Procedures Act. Common to each solution, though, two themes develop: (1) the need for a comprehensive study on how municipalities plan, train, and prepare for disasters; and (2) the need for collaboration between the legal and emergency management professions throughout the state.

First Page

349

Last Page

375

Num Pages

27

Issue Number

3

Publisher

South Texas College of Law

FIle Type

PDF

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