| 1 | 1 | | 81R9612 JRD-D |
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| 2 | 2 | | By: Eiland H.B. No. 3856 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the state's current and future response to disasters |
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| 8 | 8 | | and to preparations for disasters; making an appropriation for the |
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| 9 | 9 | | purpose of providing disaster relief. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 418.073(c), Government Code, as added by |
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| 12 | 12 | | Chapter 1250 (H.B. 2694), Acts of the 80th Legislature, Regular |
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| 13 | 13 | | Session, 2007, is amended to read as follows: |
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| 14 | 14 | | (c) A state or [agency,] local government[, or other |
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| 15 | 15 | | eligible] entity that participates in disaster preparation or |
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| 16 | 16 | | disaster recovery may request and receive funding from the disaster |
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| 17 | 17 | | contingency fund to pay for[: |
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| 18 | 18 | | [(1) extraordinary] costs incurred by the state or |
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| 19 | 19 | | local government entity in preparing for or recovering from |
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| 20 | 20 | | [implementing preventive measures taken before or during an |
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| 21 | 21 | | emergency; and |
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| 22 | 22 | | [(2) costs incurred in repairing damage suffered |
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| 23 | 23 | | during] a disaster [for which: |
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| 24 | 24 | | [(A) the presiding officer of a municipal or |
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| 25 | 25 | | county government has declared a local state of disaster for |
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| 26 | 26 | | affected areas within the jurisdiction of the municipality or |
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| 27 | 27 | | county; and |
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| 28 | 28 | | [(B) the governor has also declared a state of |
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| 29 | 29 | | disaster for the affected county or counties]. |
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| 30 | 30 | | SECTION 2. Section 418.073, Government Code, is amended by |
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| 31 | 31 | | adding Subsection (f) to read as follows: |
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| 32 | 32 | | (f) A state or local government entity that receives funding |
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| 33 | 33 | | from the disaster contingency fund to pay for costs associated with |
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| 34 | 34 | | disaster preparation or disaster recovery and that subsequently |
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| 35 | 35 | | receives reimbursement from the federal government for those same |
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| 36 | 36 | | costs shall reimburse the disaster contingency fund for the |
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| 37 | 37 | | federally reimbursed amounts. In developing rules and procedures |
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| 38 | 38 | | under Subsection (d) the governor's division of emergency |
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| 39 | 39 | | management shall prescribe accounting and other procedures |
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| 40 | 40 | | necessary to efficiently and effectively implement this |
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| 41 | 41 | | subsection. |
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| 42 | 42 | | SECTION 3. (a) An amount not to exceed $100 million is |
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| 43 | 43 | | appropriated out of the economic stabilization fund for transfer to |
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| 44 | 44 | | the disaster contingency fund and is appropriated for expenditure |
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| 45 | 45 | | out of the disaster contingency fund to the trusteed programs |
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| 46 | 46 | | within the office of the governor for the two-year period beginning |
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| 47 | 47 | | on the effective date of this Act for the purpose of providing |
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| 48 | 48 | | disaster relief. Money may not be transferred out of the economic |
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| 49 | 49 | | stabilization fund or expended from the disaster contingency fund |
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| 50 | 50 | | under this section without the prior written approval of the |
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| 51 | 51 | | Legislative Budget Board given in response to a request for that |
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| 52 | 52 | | approval from the office of the governor. |
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| 53 | 53 | | (b) The amounts appropriated by Subsection (a) of this |
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| 54 | 54 | | section may be transferred to the disaster contingency fund and |
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| 55 | 55 | | expended out of the disaster contingency fund only serially as |
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| 56 | 56 | | conditions warrant. The Legislative Budget Board may not approve at |
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| 57 | 57 | | any one time a transfer or expenditure under this section in an |
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| 58 | 58 | | amount that exceeds $25 million, but the board may concurrently |
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| 59 | 59 | | approve under this section the transfer of an amount out of the |
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| 60 | 60 | | economic stabilization fund and the expenditure out of the disaster |
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| 61 | 61 | | contingency fund of all or part of that amount. |
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| 62 | 62 | | SECTION 4. Section 3 of this Act takes effect only if this |
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| 63 | 63 | | Act receives a two-thirds vote of the members present in each house |
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| 64 | 64 | | as required by Section 49-g, Article III, Texas Constitution. |
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| 65 | 65 | | SECTION 5. This Act takes effect immediately if it receives |
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| 66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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| 67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 68 | 68 | | Act does not receive the vote necessary for immediate effect, then |
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| 69 | 69 | | except as otherwise provided by this Act, this Act takes effect on |
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| 70 | 70 | | the 91st day after the last day of the legislative session. |
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