By: Eiland, Guillen (Senate Sponsor - Carona) H.B. No. 4102
(In the Senate - Received from the House May 1, 2009;
May 6, 2009, read first time and referred to Committee on
Transportation and Homeland Security; May 18, 2009, reported
favorably by the following vote: Yeas 7, Nays 0; May 18, 2009, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the disaster contingency fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.073(c), Government Code, as added by
Chapter 1250 (H.B. 2694), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(c) A state or [agency,] local government entity[,] or other
eligible entity that participates in disaster recovery may request
and receive funding from the disaster contingency fund to pay for[:
[(1) extraordinary] costs incurred in recovering from
[implementing preventive measures taken before or during an
emergency; and
[(2) costs incurred in repairing damage suffered
during] a disaster for which:
(1) [(A)] the presiding officer of a municipal or
county government has declared a local state of disaster for
affected areas within the jurisdiction of the municipality or
county; and
(2) [(B)] the governor has also declared a state of
disaster for the affected county or counties.
SECTION 2. Section 418.073, Government Code, is amended by
adding Subsections (f), (g), and (h) to read as follows:
(f) A state or local government entity or other eligible
entity that receives funding from the disaster contingency fund to
pay for costs associated with disaster recovery and that
subsequently receives reimbursement from the federal government,
an insurer, or another source for those same costs shall reimburse
the disaster contingency fund for the reimbursed amounts. In
developing rules and procedures under Subsection (d) the governor's
division of emergency management shall prescribe accounting and
other procedures necessary to efficiently and effectively
implement this subsection.
(g) Money in the disaster contingency fund may be used to
pay for a disaster risk financing instrument using a parametric
index based on affected population to leverage available funds and
receive proceeds greater than appropriated amounts to pay for
extraordinary expenses.
(h) Money in the disaster contingency fund may be used to
provide to a local government entity that is suffering financial
hardship as a result of a disaster declared under this chapter funds
for the purpose of:
(1) providing local matching funds for Federal
Emergency Management Agency qualifying projects; or
(2) preventing default on outstanding bonds or meeting
other financial requirements.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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