Emerging Management Assistance Compact (EMAC)

Texas has opted into the Emergency Management Assistance Compact. The purpose of the compact is to provide for mutual assistance between the states entering into the compact in managing any emergency or disaster that is duly declared by the governor of the affected state. Texas, Louisiana and Mississippi have all opted into the compact.

There are several important provisions of this compact that apply to the disaster caused by Hurricane Katrina. The first issue is one that relates to licenses and permits. Article V of Section 778.001, Health and Safety code provides:

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.

The next issue of importance is one contained in Article VI concerning liability. That provision provides:

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.