Texas 2015 - 84th Regular

Texas Senate Bill SB1376 Compare Versions

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1	1	By: Lucio, et al. S.B. No. 1376
2	2	(Hunter)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to natural disaster housing recovery.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 418, Government Code, is amended by
10	10	adding Subchapter F-1 to read as follows:
11	11	SUBCHAPTER F-1. NATURAL DISASTER HOUSING RECOVERY
12	12	Sec. 418.131. DEFINITIONS. In this subchapter:
13	13	(1) "Center" means the Hazard Reduction and Recovery
14	14	Center at Texas A&M University.
15	15	(2) "Local government" means a county, municipality,
16	16	or council of government.
17	17	(3) "Plan" means a local housing recovery plan
18	18	developed under Section 418.133.
19	19	Sec. 418.132. DUTIES OF GENERAL LAND OFFICE OR DESIGNATED
20	20	STATE AGENCY. (a) Unless the governor designates a state agency
21	21	under Subsection (d), the General Land Office shall receive and
22	22	administer federal and state funds appropriated for long-term
23	23	natural disaster recovery.
24	24	(b) The General Land Office shall:
25	25	(1) collaborate with the Texas Division of Emergency
26	26	Management and the Federal Emergency Management Agency to secure
27	27	reimbursement for housing needs in areas affected by natural
28	28	disasters;
29	29	(2) seek prior approval from the Federal Emergency
30	30	Management Agency and the United States Department of Housing and
31	31	Urban Development for the immediate post-disaster implementation
32	32	of local housing recovery plans approved by the governor under
33	33	Section 418.136; and
34	34	(3) maintain a division with adequate staffing and
35	35	other administrative support to carry out the General Land Office's
36	36	duties relating to long-term natural disaster recovery.
37	37	(c) The General Land Office may adopt rules as necessary to
38	38	implement the General Land Office's duties under this subchapter.
39	39	(d) The governor may designate a state agency to be
40	40	responsible for long-term natural disaster recovery under this
41	41	subchapter instead of the General Land Office. If the governor
42	42	designates a state agency under this subsection, a reference to the
43	43	General Land Office in this subchapter means the designated state
44	44	agency.
45	45	Sec. 418.133. LOCAL HOUSING RECOVERY PLAN. (a) A local
46	46	government may develop and adopt a local housing recovery plan to
47	47	provide for the rapid and efficient construction of permanent
48	48	replacement housing following a natural disaster.
49	49	(b) In developing the plan, a local government shall seek
50	50	input from:
51	51	(1) stakeholders in the community, including
52	52	residents, local businesses, and community-based organizations;
53	53	and
54	54	(2) neighboring local governments.
55	55	(c) A local government may submit a plan developed and
56	56	adopted under Subsection (a) to the center for certification.
57	57	Sec. 418.134. DUTIES OF HAZARD REDUCTION AND RECOVERY
58	58	CENTER; PLAN CRITERIA AND CERTIFICATION. (a) The center shall
59	59	review and certify plans submitted to the center by local
60	60	governments.
61	61	(b) The center shall establish criteria for certifying a
62	62	plan. The center may not certify a plan unless the plan:
63	63	(1) identifies areas in the local government's
64	64	boundaries that are vulnerable to natural disasters;
65	65	(2) identifies sources of post-disaster housing
66	66	assistance and recovery funds;
67	67	(3) provides procedures for rapidly responding to a
68	68	natural disaster, including procedures for:
69	69	(A) assessing and reporting housing damage,
70	70	disaggregated by insured and uninsured losses, to the governor;
71	71	(B) providing fair and efficient access to
72	72	natural disaster recovery assistance for residents;
73	73	(C) determining residents' eligibility for
74	74	natural disaster recovery assistance;
75	75	(D) educating residents about the rebuilding
76	76	process and providing outreach and case management services; and
77	77	(E) prequalifying and training local
78	78	professionals needed for natural disaster recovery;
79	79	(4) provides procedures to encourage residents to
80	80	rebuild outside of the vulnerable areas identified under
81	81	Subdivision (1);
82	82	(5) provides procedures to maximize the use of local
83	83	businesses, contractors, and supplies to rebuild to the extent
84	84	possible;
85	85	(6) provides procedures to maximize cost efficiency;
86	86	(7) provides for the construction of permanent
87	87	replacement housing for displaced residents as soon as possible
88	88	after the natural disaster, with a goal of completion in not later
89	89	than six months; and
90	90	(8) complies with applicable state and federal law.
91	91	(c) If the center determines that a plan does not meet the
92	92	criteria prescribed by Subsection (b), the center shall identify
93	93	the plan's deficiencies and assist the local government in revising
94	94	the plan to meet the criteria.
95	95	(d) The center shall provide training to local governments
96	96	and community-based organizations on developing a plan. A local
97	97	government that submits a plan to the center for certification
98	98	under this section shall designate at least one representative to
99	99	attend the center's training. The training must include
100	100	information relating to:
101	101	(1) previous experiences with housing recovery from
102	102	natural disasters;
103	103	(2) best practices for achieving rapid and efficient
104	104	construction of permanent replacement housing;
105	105	(3) federal and state laws and regulations on natural
106	106	disaster recovery;
107	107	(4) methods for identifying and planning for
108	108	vulnerable areas and populations before a natural disaster; and
109	109	(5) cost-effective land use and building practices.
110	110	(e) The center shall create and maintain mapping and data
111	111	resources related to natural disaster recovery and planning,
112	112	including the Texas Coastal Communities Planning Atlas.
113	113	(f) The center shall assist a local government on request in
114	114	identifying areas that are vulnerable to natural disasters.
115	115	(g) The center shall provide recommendations to the Texas
116	116	Department of Insurance regarding the development of policies,
117	117	procedures, and education programs to enable the quick and
118	118	efficient reporting and settling of housing claims related to
119	119	natural disasters.
120	120	(h) The center may seek and accept gifts, grants, donations,
121	121	and other funds to assist the center in fulfilling its duties under
122	122	this section.
123	123	Sec. 418.135. REVIEW OF LOCAL HOUSING RECOVERY PLAN BY
124	124	GENERAL LAND OFFICE. (a) The center shall submit to the General
125	125	Land Office a plan certified by the center under Section 418.134.
126	126	(b) The General Land Office shall review the plan and
127	127	consult with the center and the local government about any
128	128	potential improvements the General Land Office may identify. In
129	129	reviewing the plan, the General Land Office shall give deference to
130	130	the local government regarding matters in the local government's
131	131	discretion.
132	132	(c) On completion of the review, the General Land Office
133	133	shall accept the plan unless the General Land Office determines
134	134	that the plan does not:
135	135	(1) satisfy the criteria for a certified plan under
136	136	Section 418.134(b);
137	137	(2) provide for the rapid and efficient construction
138	138	of permanent replacement housing; or
139	139	(3) comply with applicable state and federal law.
140	140	Sec. 418.136. APPROVAL BY GOVERNOR. (a) The General Land
141	141	Office shall submit to the governor for approval or rejection a plan
142	142	that the General Land Office accepts under Section 418.135.
143	143	(b) If the governor rejects a plan, the governor must
144	144	provide a written explanation of the reasons for the rejection.
145	145	(c) A local government, in consultation with the center and
146	146	the General Land Office, may revise a plan rejected by the governor
147	147	under this section and resubmit the plan to the governor for
148	148	approval.
149	149	Sec. 418.137. EFFECT OF APPROVAL. (a) A plan approved by
150	150	the governor under Section 418.136 is valid for four years and may
151	151	be implemented during that period without further approval if a
152	152	natural disaster occurs.
153	153	(b) In accordance with rules adopted by the General Land
154	154	Office, on or before expiration, the plan may be reviewed by the
155	155	center and the General Land Office, updated if necessary, and
156	156	resubmitted to the governor for approval or rejection.
157	157	SECTION 2. This Act takes effect September 1, 2015.