84R4303 KJE-D
By: Lucio S.B. No. 1376
A BILL TO BE ENTITLED
AN ACT
relating to natural disaster housing recovery.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 418, Government Code, is amended by
adding Subchapter F-1 to read as follows:
SUBCHAPTER F-1. NATURAL DISASTER HOUSING RECOVERY
Sec. 418.131. DEFINITIONS. In this subchapter:
(1) "Center" means the Hazard Reduction and Recovery
Center at Texas A&M University.
(2) "Designated state agency" means a state agency
designated by the governor as responsible for long-term natural
disaster recovery under Section 418.132.
(3) "Local government" means a county, municipality,
or council of government.
(4) "Plan" means a local housing recovery plan
developed under Section 418.133.
Sec. 418.132. DESIGNATED STATE AGENCY. (a) The governor
shall designate a state agency to receive and administer federal
and state funds appropriated for long-term natural disaster
recovery.
(b) The designated state agency shall:
(1) collaborate with the Texas Division of Emergency
Management and the Federal Emergency Management Agency to secure
reimbursement for housing needs in areas affected by natural
disasters;
(2) seek prior approval from the Federal Emergency
Management Agency and the United States Department of Housing and
Urban Development for the immediate post-disaster implementation
of local housing recovery plans approved by the governor under
Section 418.136; and
(3) maintain a division with adequate staffing and
other administrative support to carry out the agency's duties
relating to long-term natural disaster recovery.
(c) The designated state agency may adopt rules as necessary
to implement the agency's duties under this subchapter.
Sec. 418.133. LOCAL HOUSING RECOVERY PLAN. (a) A local
government may develop and adopt a local housing recovery plan to
provide for the rapid and efficient construction of permanent
replacement housing following a natural disaster.
(b) In developing the plan, a local government shall seek
input from:
(1) stakeholders in the community, including
residents, local businesses, and community-based organizations;
and
(2) neighboring local governments.
(c) A local government may submit a plan developed and
adopted under Subsection (a) to the center for certification.
Sec. 418.134. DUTIES OF HAZARD REDUCTION AND RECOVERY
CENTER; PLAN CRITERIA AND CERTIFICATION. (a) The center shall
review and certify plans submitted to the center by local
governments.
(b) The center shall establish criteria for certifying a
plan. The center may not certify a plan unless the plan:
(1) identifies areas in the local government's
boundaries that are vulnerable to natural disasters;
(2) identifies sources of post-disaster housing
assistance and recovery funds;
(3) provides procedures for rapidly responding to a
natural disaster, including procedures for:
(A) assessing and reporting housing damage,
disaggregated by insured and uninsured losses, to the governor;
(B) providing fair and efficient access to
natural disaster recovery assistance for residents;
(C) determining residents' eligibility for
natural disaster recovery assistance;
(D) educating residents about the rebuilding
process and providing outreach and case management services; and
(E) prequalifying and training local
professionals needed for natural disaster recovery;
(4) provides procedures to encourage residents to
rebuild outside of the vulnerable areas identified under
Subdivision (1);
(5) provides procedures to maximize the use of local
businesses, contractors, and supplies to rebuild to the extent
possible;
(6) provides procedures to maximize cost efficiency;
(7) provides for the construction of permanent
replacement housing for displaced residents as soon as possible
after the natural disaster, with a goal of completion in not later
than six months; and
(8) complies with applicable state and federal law.
(c) If the center determines that a plan does not meet the
criteria prescribed by Subsection (b), the center shall identify
the plan's deficiencies and assist the local government in revising
the plan to meet the criteria.
(d) The center shall provide training to local governments
and community-based organizations on developing a plan. A local
government that submits a plan to the center for certification
under this section shall designate at least one representative to
attend the center's training. The training must include
information relating to:
(1) previous experiences with housing recovery from
natural disasters;
(2) best practices for achieving rapid and efficient
construction of permanent replacement housing;
(3) federal and state laws and regulations on natural
disaster recovery;
(4) methods for identifying and planning for
vulnerable areas and populations before a natural disaster; and
(5) cost-effective land use and building practices.
(e) The center shall create and maintain mapping and data
resources related to natural disaster recovery and planning,
including the Texas Coastal Communities Planning Atlas.
(f) The center shall assist a local government on request in
identifying areas that are vulnerable to natural disasters.
(g) The center shall provide recommendations to the Texas
Department of Insurance regarding the development of policies,
procedures, and education programs to enable the quick and
efficient reporting and settling of housing claims related to
natural disasters.
(h) The center may seek and accept gifts, grants, donations,
and other funds to assist the center in fulfilling its duties under
this section.
Sec. 418.135. REVIEW OF LOCAL HOUSING RECOVERY PLAN BY
AGENCY. (a) The center shall submit to the designated state agency
a plan certified by the center under Section 418.134.
(b) The designated state agency shall review the plan and
consult with the center and the local government about any
potential improvements the agency may identify. In reviewing the
plan, the agency shall give deference to the local government
regarding matters in the local government's discretion.
(c) On completion of the review, the designated state agency
shall accept the plan unless the agency determines that the plan
does not:
(1) satisfy the criteria for a certified plan under
Section 418.134(b);
(2) provide for the rapid and efficient construction
of permanent replacement housing; or
(3) comply with applicable state and federal law.
Sec. 418.136. APPROVAL BY GOVERNOR. (a) The designated
state agency shall submit to the governor for approval or rejection
a plan that the agency accepts under Section 418.135.
(b) If the governor rejects a plan, the governor must
provide a written explanation of the reasons for the rejection.
(c) A local government, in consultation with the center and
the designated state agency, may revise a plan rejected by the
governor under this section and resubmit the plan to the governor
for approval.
Sec. 418.137. EFFECT OF APPROVAL. (a) A plan approved by
the governor under Section 418.136 is valid for four years and may
be implemented during that period without further approval if a
natural disaster occurs.
(b) In accordance with rules adopted by the designated state
agency, on or before expiration, the plan may be reviewed by the
center and the agency, updated if necessary, and resubmitted to the
governor for approval or rejection.
SECTION 2. Not later than January 1, 2016, the governor
shall designate a state agency as the agency responsible for
long-term natural disaster recovery as required by Section 418.132,
Government Code, as added by this Act, and shall file that
designation with the secretary of state for publication in the
Texas Register.
SECTION 3. This Act takes effect September 1, 2015.