Texas 2009 - 81st Regular

Texas House Bill HB4102 Compare Versions

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1	1	H.B. No. 4102
2	2
3	3
4	4	AN ACT
5	5	relating to the disaster contingency fund and relief for school
6	6	districts located in a disaster area.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 418.073(c), Government Code, as added by
9	9	Chapter 1250 (H.B. 2694), Acts of the 80th Legislature, Regular
10	10	Session, 2007, is amended to read as follows:
11	11	(c) A state or [agency,] local government[, or other
12	12	eligible] entity that participates in disaster preparation or
13	13	disaster recovery may request and receive funding from the disaster
14	14	contingency fund to pay for[:
15	15	[(1) extraordinary] costs incurred by the state or
16	16	local government entity in preparing for or recovering from
17	17	[implementing preventive measures taken before or during an
18	18	emergency; and
19	19	[(2) costs incurred in repairing damage suffered
20	20	during] a disaster [for which:
21	21	[(A) the presiding officer of a municipal or
22	22	county government has declared a local state of disaster for
23	23	affected areas within the jurisdiction of the municipality or
24	24	county; and
25	25	[(B) the governor has also declared a state of
26	26	disaster for the affected county or counties].
27	27	SECTION 2. Section 418.073, Government Code, is amended by
28	28	adding Subsections (f), (g), and (h) to read as follows:
29	29	(f) A state or local government entity or other eligible
30	30	entity that receives funding from the disaster contingency fund to
31	31	pay for costs associated with disaster recovery and that
32	32	subsequently receives reimbursement from the federal government,
33	33	an insurer, or another source for those same costs shall reimburse
34	34	the disaster contingency fund for the reimbursed amounts. In
35	35	developing rules and procedures under Subsection (d) the governor's
36	36	division of emergency management shall prescribe accounting and
37	37	other procedures necessary to efficiently and effectively
38	38	implement this subsection.
39	39	(g) Money in the disaster contingency fund may be used to
40	40	pay for a disaster risk financing instrument using a parametric
41	41	index based on affected population to leverage available funds and
42	42	receive proceeds greater than appropriated amounts to pay for
43	43	extraordinary expenses.
44	44	(h) Money in the disaster contingency fund may be used to
45	45	provide to a local government entity that is suffering financial
46	46	hardship as a result of a disaster declared under this chapter funds
47	47	for the purpose of providing local matching funds for Federal
48	48	Emergency Management Agency qualifying projects.
49	49	SECTION 3. Subchapter D, Chapter 41, Education Code, is
50	50	amended by adding Section 41.0931 to read as follows:
51	51	Sec. 41.0931. DISASTER REMEDIATION COSTS. (a) This
52	52	section applies only to a district all or part of which is located
53	53	in an area declared a disaster area by the governor under Chapter
54	54	418, Government Code, and that incurs disaster remediation costs as
55	55	a result of the disaster.
56	56	(b) Subject to Subsection (c), for the two-year period
57	57	following the date of the governor's initial proclamation or
58	58	executive order declaring a state of disaster, the total amount
59	59	required to be paid by a district for attendance credits under
60	60	Section 41.093 is reduced by the amount of any disaster remediation
61	61	costs that the district pays during that period and does not
62	62	anticipate recovering through insurance proceeds, federal disaster
63	63	relief payments, or another similar source of reimbursement.
64	64	(b-1) For purposes of determining the reduction under this
65	65	section to which a district is entitled for the 2009-2010 school
66	66	year, disaster remediation costs paid by the district after
67	67	September 1, 2008, are included if the costs meet all other
68	68	requirements imposed by this section. This subsection expires
69	69	September 1, 2010.
70	70	(c) To receive a reduction under this section, a district
71	71	must provide the commissioner with acceptable documentation of
72	72	disaster remediation costs paid by the district.
73	73	(d) The commissioner shall adopt rules necessary to
74	74	implement this section, including rules defining "disaster
75	75	remediation costs" for purposes of this section and specifying the
76	76	type of documentation required under Subsection (c).
77	77	(e) Notwithstanding any other provision of this section,
78	78	the commissioner may permit a district to use funds available to the
79	79	district as a result of a reduction under this section to pay the
80	80	costs of replacing a facility instead of repairing the facility.
81	81	The commissioner shall ensure that a district that elects to
82	82	replace a facility does not receive a reduction that exceeds the
83	83	lesser of:
84	84	(1) the amount that would be available to the district
85	85	if the facility were repaired; or
86	86	(2) the amount necessary to replace the facility.
87	87	SECTION 4. Subchapter A, Chapter 42, Education Code, is
88	88	amended by adding Section 42.0051 to read as follows:
89	89	Sec. 42.0051. AVERAGE DAILY ATTENDANCE FOR DISTRICTS IN
90	90	DISASTER AREA. (a) From funds specifically appropriated for the
91	91	purpose or other funds available to the commissioner for that
92	92	purpose, the commissioner shall adjust the average daily attendance
93	93	of a school district all or part of which is located in an area
94	94	declared a disaster area by the governor under Chapter 418,
95	95	Government Code, if the district experiences a decline in average
96	96	daily attendance that is reasonably attributable to the impact of
97	97	the disaster.
98	98	(b) The adjustment must be sufficient to ensure that the
99	99	district receives funding comparable to the funding that the
100	100	district would have received if the decline in average daily
101	101	attendance reasonably attributable to the impact of the disaster
102	102	had not occurred.
103	103	(c) The commissioner shall make the adjustment required by
104	104	this section for the two-year period following the date of the
105	105	governor's initial proclamation or executive order declaring the
106	106	state of disaster.
107	107	(d) Section 42.005(b)(2) does not apply to a district that
108	108	receives an adjustment under this section.
109	109	(e) A district that receives an adjustment under this
110	110	section may not receive any additional adjustment under Section
111	111	42.005(d) for the decline in average daily attendance on which the
112	112	adjustment under this section is based.
113	113	(f) For purposes of this title, a district's adjusted
114	114	average daily attendance under this section is considered to be the
115	115	district's average daily attendance as determined under Section
116	116	42.005.
117	117	SECTION 5. Subchapter E, Chapter 42, Education Code, is
118	118	amended by adding Sections 42.2523 and 42.2524 to read as follows:
119	119	Sec. 42.2523. ADJUSTMENT FOR PROPERTY VALUE AFFECTED BY
120	120	STATE OF DISASTER. (a) For purposes of Chapters 41 and 46 and this
121	121	chapter, the commissioner shall adjust the taxable value of
122	122	property of a school district all or part of which is located in an
123	123	area declared a disaster area by the governor under Chapter 418,
124	124	Government Code, as necessary to ensure that the district receives
125	125	funding based as soon as possible on property values as affected by
126	126	the disaster.
127	127	(b) The commissioner may fund adjustments under this
128	128	section using funds specifically appropriated for the purpose or
129	129	other funds available to the commissioner for that purpose.
130	130	(c) Any additional funding to which a school district is
131	131	entitled as a result of the adjustment required by this section is
132	132	in addition to the amount of funding to which the district is
133	133	entitled under Section 42.2516(b).
134	134	(d) A decision of the commissioner under this section is
135	135	final and may not be appealed.
136	136	Sec. 42.2524. REIMBURSEMENT FOR DISASTER REMEDIATION
137	137	COSTS. (a) This section applies only to a school district all or
138	138	part of which is located in an area declared a disaster area by the
139	139	governor under Chapter 418, Government Code, and that incurs
140	140	disaster remediation costs as a result of the disaster.
141	141	(b) During the two-year period following the date of the
142	142	governor's initial proclamation or executive order declaring a
143	143	state of disaster, a district may apply to the commissioner for
144	144	reimbursement of disaster remediation costs that the district pays
145	145	during that period and does not anticipate recovering through
146	146	insurance proceeds, federal disaster relief payments, or another
147	147	similar source of reimbursement.
148	148	(b-1) A district may seek reimbursement of disaster
149	149	remediation costs paid by the district on or after September 1,
150	150	2008. This subsection expires September 1, 2011.
151	151	(c) The commissioner may provide reimbursement under this
152	152	section only if funds are available for that purpose as follows:
153	153	(1) reimbursement for a school district not required
154	154	to take action under Chapter 41 may be provided from:
155	155	(A) amounts appropriated for that purpose,
156	156	including amounts appropriated for those districts for that purpose
157	157	to the disaster contingency fund established under Section 418.073,
158	158	Government Code; or
159	159	(B) Foundation School Program funds available
160	160	for that purpose, based on a determination by the commissioner that
161	161	the amount appropriated for the Foundation School Program,
162	162	including the facilities component as provided by Chapter 46,
163	163	exceeds the amount to which districts are entitled under this
164	164	chapter and Chapter 46; and
165	165	(2) reimbursement for a school district required to
166	166	take action under Chapter 41 may be provided from funds described by
167	167	Subdivision (1)(B) if funds remain available after fully
168	168	reimbursing each school district described by Subdivision (1) for
169	169	its disaster remediation costs.
170	170	(d) If the amount of money available for purposes of
171	171	reimbursing school districts not required to take action under
172	172	Chapter 41 is not sufficient to fully reimburse each district's
173	173	disaster remediation costs, the commissioner shall reduce the
174	174	amount of assistance provided to each of those districts
175	175	proportionately. If the amount of money available for purposes of
176	176	reimbursing school districts required to take action under Chapter
177	177	41 is not sufficient to fully reimburse each district's disaster
178	178	remediation costs, the commissioner shall reduce the amount of
179	179	assistance provided to each of those districts proportionately.
180	180	(e) A district seeking reimbursement under this section
181	181	must provide the commissioner with adequate documentation of the
182	182	costs for which the district seeks reimbursement.
183	183	(f) A district required to take action under Chapter 41:
184	184	(1) may, at its discretion, receive assistance
185	185	provided under this section either as a payment of state aid under
186	186	this chapter or as a reduction in the total amount required to be
187	187	paid by the district for attendance credits under Section 41.093;
188	188	and
189	189	(2) may not obtain reimbursement under this section
190	190	for the payment of any disaster remediation costs that resulted in a
191	191	reduction under Section 41.0931 of the district's cost of
192	192	attendance credits.
193	193	(g) Amounts provided to a district under this section are in
194	194	addition to the amount to which the district is entitled under
195	195	Section 42.2516.
196	196	(h) The commissioner shall adopt rules necessary to
197	197	implement this section, including rules defining "disaster
198	198	remediation costs" for purposes of this section and specifying the
199	199	type of documentation required under Subsection (e).
200	200	(i) Notwithstanding any other provision of this section,
201	201	the commissioner may permit a district to use amounts provided to a
202	202	district under this section to pay the costs of replacing a facility
203	203	instead of repairing the facility. The commissioner shall ensure
204	204	that a district that elects to replace a facility does not receive
205	205	an amount under this section that exceeds the lesser of:
206	206	(1) the amount that would be provided to the district
207	207	if the facility were repaired; or
208	208	(2) the amount necessary to replace the facility.
209	209	(j) This section does not require the commissioner to
210	210	provide any requested reimbursement. A decision of the
211	211	commissioner regarding reimbursement is final and may not be
212	212	appealed.
213	213	SECTION 6. Section 44.0312, Education Code, is amended by
214	214	adding Subsection (c) to read as follows:
215	215	(c) Notwithstanding any other provision of this code, in the
216	216	event of a catastrophe, emergency, or natural disaster affecting a
217	217	school district, the board of trustees of the district may delegate
218	218	to the superintendent or designated person the authority to
219	219	contract for the replacement, construction, or repair of school
220	220	equipment or facilities under this subchapter if emergency
221	221	replacement, construction, or repair is necessary for the health
222	222	and safety of district students and staff.
223	223	SECTION 7. This Act takes effect immediately if it receives
224	224	a vote of two-thirds of all the members elected to each house, as
225	225	provided by Section 39, Article III, Texas Constitution. If this
226	226	Act does not receive the vote necessary for immediate effect, this
227	227	Act takes effect September 1, 2009.
228	228	______________________________ ______________________________
229	229	President of the Senate Speaker of the House
230	230	I certify that H.B. No. 4102 was passed by the House on April
231	231	30, 2009, by the following vote: Yeas 132, Nays 0, 1 present, not
232	232	voting; that the House refused to concur in Senate amendments to
233	233	H.B. No. 4102 on May 23, 2009, and requested the appointment of a
234	234	conference committee to consider the differences between the two
235	235	houses; and that the House adopted the conference committee report
236	236	on H.B. No. 4102 on May 31, 2009, by the following vote: Yeas 143,
237	237	Nays 0, 1 present, not voting.
238	238	______________________________
239	239	Chief Clerk of the House
240	240	I certify that H.B. No. 4102 was passed by the Senate, with
241	241	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
242	242	0; at the request of the House, the Senate appointed a conference
243	243	committee to consider the differences between the two houses; and
244	244	that the Senate adopted the conference committee report on H.B. No.
245	245	4102 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
246	246	______________________________
247	247	Secretary of the Senate
248	248	APPROVED: __________________
249	249	Date
250	250	__________________
251	251	Governor