Beyond Borders: The Law Behind Mutual Aid Agreements
Many Texans pride themselves on being good neighbors and lending others a helping hand. In the Lone Star State, this trait exists not only in citizens, but among cities as well. There are countless examples of cities and other local governmental entities working together with neighboring cities or other local governments by cooperating and sharing resources. Whether it’s a large event coming to town with a need for increased security, a natural disaster, or any number of unexpected events, local government entities help one another through mutual aid agreements.
There are two primary authorities which give Texas cities the ability to request or render mutual aid. Texas Local Government Code Chapter 791 authorizes cities and other local governments to enter into contracts with one another to perform governmental functions and services, including mutual aid. But what if disaster strikes and there is no such contract already in place? Section 791.027(a) permits a local government to provide emergency assistance to another local government without a prior agreement if:
- The presiding officer of the requesting local government determines that a state or civil emergency exists requiring assistance and formally requests it; and
- Before the responding local government provides emergency assistance, the governing body of the responding local government authorizes the provision of assistance through a resolution or other official action.
Cities can also use the authority found in Texas Government Code Chapter 418. This chapter outlines the state’s emergency management protocols, including provisions for mutual aid among local governmental entities. Chapter 418 applies to a variety of local government entities, including counties, incorporated cities, independent school districts, public junior college districts, emergency services districts, other special districts, joint boards, or other entities defined as a political subdivision under the laws of Texas. Under Chapter 418, “mutual aid” refers to any activity related to the prevention or discovery of, response to, or recovery from a terrorist attack, a natural or man-made disaster, hostile military or paramilitary action, or extraordinary law enforcement emergency, or a fire or medical emergency requiring resources beyond the capabilities of a local jurisdiction; performed under the Texas Statewide Mutual Aid System or under a written mutual aid agreement. Tex. Gov’t Code Sec. 418.004.
A request for mutual assistance may be submitted verbally or in writing. However, if the local government submits a request verbally, it must also be confirmed in writing. Tex. Gov’t Code Sec. 418.115. If a city receives a request for mutual assistance, the City Manager or the highest-ranking officer of the city, with the approval and consent of the Mayor or the Mayor’s designee, may provide the requested assistance in accordance with the policies, ordinances, and procedures established by the city’s governing body. It is also worth noting that under the Texas Administrative Code, cities must use their own resources as well as any resources available to the city through mutual aid assistance before requesting assistance from the state.
Texas law gives cities some flexibility to plan ahead by utilizing interlocal or mutual aid agreements, or to address unexpected catastrophes even without an agreement in place. When disaster strikes, aid and assistance can be within arm’s reach for local governments and local government leaders in Texas.
Please do not rely on this article as legal advice. We can tell you what the law is, but until we know the facts of your given situation, we cannot provide legal guidance. This website is for informational purposes and not for the purposes of providing legal advice.
