82R10540 SJM-D
By: Lucio S.B. No. 1461
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the disaster reconstruction
coordination office within the governor's office; creating the
disaster contingency account.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 423 to read as follows:
CHAPTER 423. DISASTER RECONSTRUCTION COORDINATION OFFICE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 423.001. DEFINITIONS. In this chapter:
(1) "Conservator" means a conservator appointed under
Subchapter D.
(2) "Disaster" has the meaning assigned by Section
418.004.
(3) "Executive director" means the executive director
of the office.
(4) "Office" means the disaster reconstruction
coordination office established under this chapter.
Sec. 423.002. DISASTER RECONSTRUCTION COORDINATION OFFICE.
The disaster reconstruction coordination office is an office within
the office of the governor.
Sec. 423.003. SUNSET PROVISION. The disaster
reconstruction coordination office is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the office is abolished and this chapter expires September
1, 2021.
[Sections 423.004-423.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATION
Sec. 423.051. EXECUTIVE DIRECTOR. (a) The governor shall
appoint an executive director of the office.
(b) The executive director must have:
(1) experience in the administration of a state or
federal program; and
(2) demonstrated executive and organizational
abilities.
(c) The executive director serves at the pleasure of the
governor.
Sec. 423.052. GENERAL DUTIES OF EXECUTIVE DIRECTOR. (a)
The executive director, under the direction of the governor, shall
manage the affairs of the office, including:
(1) establishing office policy;
(2) implementing legislation that affects the office;
(3) reviewing and commenting on the office's budget;
(4) conducting investigations and studies, as
appropriate;
(5) acting as ombudsman for governmental agencies
involved in reconstruction following a disaster in this state; and
(6) developing long-range plans for the future goals
and needs of the office.
(b) The executive director may adopt rules as necessary to
implement this chapter.
Sec. 423.053. STATE RECONSTRUCTION PLAN. The executive
director shall examine state and federal programs relating to
reconstruction following a disaster, including housing and
infrastructure programs, to:
(1) identify best practices for reconstruction
following a disaster;
(2) develop a coordinated state reconstruction plan
that implements best practices identified under Subdivision (1);
and
(3) work with federal, state, and local governmental
entities to:
(A) resolve infrastructure, capacity, and
statutory problems that inhibit the use of reconstruction resources
following a disaster; and
(B) reduce inhibitive regulations by improving
communication and cooperation between those governmental entities.
Sec. 423.054. GIFTS, GRANTS, AND DONATIONS. In addition to
money appropriated to the office, the executive director may
solicit, accept, and receive a gift, grant, donation, or other
thing of value from any public or private source for purposes of
this chapter.
Sec. 423.055. ANNUAL REPORT. The executive director
annually shall prepare and submit a report to the governor
regarding the office's activities.
Sec. 423.056. AGENCY LIAISONS. (a) The heads of each of the
following state agencies shall designate an officer or employee of
the agency who is a deputy executive director or person of
equivalent or higher authority at the agency to serve as the
agency's liaison to the office:
(1) the Texas Department of Rural Affairs;
(2) the Texas Water Development Board;
(3) the Texas Commission on Environmental Quality;
(4) the Texas Department of Housing and Community
Affairs;
(5) the Health and Human Services Commission;
(6) the Parks and Wildlife Department;
(7) the Texas Department of Transportation;
(8) the Department of Public Safety of the State of
Texas;
(9) the office of the secretary of state;
(10) the Department of Agriculture;
(11) the office of the comptroller; and
(12) the Texas Division of Emergency Management.
(b) This section does not authorize the creation of a new
position at a state agency.
(c) An agency liaison shall advise the executive director
and make recommendations regarding disaster reconstruction across
the different regions of this state.
[Sections 423.057-423.100 reserved for expansion]
SUBCHAPTER C. TASK FORCE
Sec. 423.101. ESTABLISHMENT OF TASK FORCE. (a) The
executive director shall appoint a task force composed of the
following members:
(1) at least one representative from each state
agency, represented by an agency liaison under Section 423.056, who
is a deputy executive director or person of equivalent or higher
authority at the agency;
(2) two representatives of organizations that
represent the interests of communities that have been impacted by a
disaster in the five years prior to the date the appointment is
made;
(3) two county officials from coastal counties;
(4) one member of a council of government that serves
predominantly a rural region of this state;
(5) one member of a council of government that serves
predominantly a metropolitan region of this state;
(6) two officials from small municipalities in this
state; and
(7) two board members of nonprofit or community
development organizations in this state.
(b) In making appointments, the executive director shall
ensure that different geographic regions of this state are fairly
represented.
(c) The members of the task force serve at the pleasure of
the executive director.
(d) The executive director shall serve as the presiding
officer of the task force.
(e) Chapter 2110 does not apply to the task force.
Sec. 423.102. DUTIES OF TASK FORCE. The task force shall:
(1) advise the executive director and make
recommendations regarding reconstruction following a disaster
across the different regions of this state; and
(2) assist the executive director in developing the
state reconstruction plan required by Section 423.053.
[Sections 423.103-423.150 reserved for expansion]
SUBCHAPTER D. NATURAL DISASTER RECOVERY CONSERVATORSHIP
Sec. 423.151. DEFINITION. In this subchapter, "state
agency" has the meaning assigned by Section 2104.001.
Sec. 423.152. APPOINTMENT OF CONSERVATOR. (a) For the
purpose of efficiently and effectively administering state or
federal emergency funds in response to a disaster, the governor,
with the advice and consent of the senate and in the manner
described by Subchapter B, Chapter 2104, may appoint a conservator
of a state agency that has been charged by the governor with the
administration of state or federal disaster recovery funds at any
time during the seven years prior to the appointment of the
conservator.
(b) The governor may appoint the executive director to serve
as a conservator under this subchapter.
Sec. 423.153. GENERAL POWERS AND DUTIES OF CONSERVATOR.
(a) In addition to the powers of a conservator under Section
2104.023, a conservator shall assume the powers and duties of the
officers responsible for policy direction of the state agency
subject to the conservatorship, to the extent that those powers and
duties relate to the administration of emergency funds following a
disaster.
(b) Subject to Subsection (d), the conservator may direct
the use of funds from the disaster contingency account established
under Subchapter E and any other available funding sources to
reconstruction efforts of the state agency subject to the
conservatorship.
(c) The conservator may not use more than 20 percent of the
total amount of funds available in the disaster contingency account
for reconstruction efforts in response to a single declared
disaster.
(d) The conservator may adopt and enforce rules as necessary
to administer the conservatorship for which the conservator is
appointed.
Sec. 423.154. REPORT BY CONSERVATOR. (a) A conservator
shall report to the governor on the conservatorship not later than
the 60th day after the date on which the governor appoints the
conservator and at the end of each subsequent 60-day period until
the conservatorship is dissolved.
(b) A report under this section must include:
(1) all measures taken to ensure the efficient and
effective use of resources directed toward reconstruction in
response to the disaster for which the conservator was appointed;
and
(2) an estimate of the progress the conservator has
made in completing reconstruction efforts at the state agency
subject to the conservatorship.
Sec. 423.155. DURATION OF CONSERVATORSHIP. (a) A
conservatorship begins on the date that the governor appoints the
conservator.
(b) A conservatorship continues in effect until the earlier
of:
(1) the governor's termination of the state of
disaster under Section 418.014; or
(2) the conservator's finding that reconstruction
efforts following the disaster are completed at the agency subject
to the conservatorship.
[Sections 423.156-423.200 reserved for expansion]
SUBCHAPTER E. DISASTER CONTINGENCY ACCOUNT
Sec. 423.201. DISASTER CONTINGENCY ACCOUNT. (a) The
disaster contingency account is created in the general revenue
fund.
(b) The account is composed of:
(1) legislative appropriations;
(2) gifts, grants, donations, and matching funds
received under Section 423.054; and
(3) other money required by law to be deposited in the
account.
(c) Income from the account shall be credited to the
account. Sections 403.095 and 404.071 do not apply to the account.
(d) The legislature may appropriate money from the disaster
contingency account created under Subsection (a) only for purposes
authorized under this chapter.
SECTION 2. (a) The governor shall appoint the executive
director of the disaster reconstruction coordination office as
required by Section 423.051, Government Code, as added by this Act,
not later than October 1, 2011.
(b) Not later than January 1, 2012:
(1) the executive director of the disaster
reconstruction coordination office shall appoint the members of the
task force as required by Section 423.101, Government Code, as
added by this Act; and
(2) the heads of each of the state agencies listed in
Section 423.056, Government Code, as added by this Act, shall
designate agency liaisons as required by that section.
(c) The executive director of the disaster reconstruction
coordination office shall submit the initial report required by
Section 423.055, Government Code, as added by this Act, not later
than September 1, 2012.
SECTION 3. Notwithstanding Section 4 of this Act, the
governor may appoint a conservator under Subchapter D, Chapter 423,
Government Code, as added by this Act, for purposes of
reconstruction related to a natural disaster that occurred on or
after September 1, 2004.
SECTION 4. This Act takes effect September 1, 2011.