Texas 2017 - 85th Regular

Texas Senate Bill SB1673 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R32256 JG-D
2		-	By: Lucio S.B. No. 1673
3		-	(Thompson of Harris)
4		-	Substitute the following for S.B. No. 1673: No.
	1	+	By: Lucio, Garcia S.B. No. 1673
	2	+	Taylor of Galveston
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to natural disaster housing recovery.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Chapter 418, Government Code, is amended by
12	10		adding Subchapter F-1 to read as follows:
13	11		SUBCHAPTER F-1. NATURAL DISASTER HOUSING RECOVERY
14	12		Sec. 418.131. DEFINITIONS. In this subchapter:
15	13		(1) "Center" means the Hazard Reduction and Recovery
16	14		Center at Texas A&M University.
17	15		(2) "Local government" means a county, municipality,
18	16		or council of government.
19	17		(3) "Plan" means a local housing recovery plan
20	18		developed under Section 418.133.
21	19		Sec. 418.132. DUTIES OF GENERAL LAND OFFICE OR DESIGNATED
22	20		STATE AGENCY. (a) Unless the governor designates a state agency
23	21		under Subsection (d), the General Land Office shall receive and
24	22		administer federal and state funds appropriated for long-term
25	23		natural disaster recovery.
26		-	(b) The General Land Office ~~may~~:
	24	+	(b) The General Land Office shall:
27	25		(1) collaborate with the Texas Division of Emergency
28	26		Management and the Federal Emergency Management Agency to secure
29	27		reimbursement for housing needs in areas affected by natural
30	28		disasters;
31	29		(2) seek prior approval from the Federal Emergency
32	30		Management Agency and the United States Department of Housing and
33	31		Urban Development for the immediate post-disaster implementation
34	32		of local housing recovery plans approved by the governor under
35	33		Section 418.136; and
36	34		(3) maintain a division with adequate staffing and
37	35		other administrative support to carry out the General Land Office's
38	36		duties relating to long-term natural disaster recovery.
39	37		(c) The General Land Office may adopt rules as necessary to
40	38		implement the General Land Office's duties under this subchapter.
41	39		(d) The governor may designate a state agency to be
42	40		responsible for long-term natural disaster recovery under this
43	41		subchapter instead of the General Land Office. If the governor
44	42		designates a state agency under this subsection, a reference to the
45	43		General Land Office in this subchapter means the designated state
46	44		agency.
47	45		Sec. 418.133. LOCAL HOUSING RECOVERY PLAN. (a) A local
48	46		government may develop and adopt a local housing recovery plan to
49	47		provide for the rapid and efficient construction of permanent
50	48		replacement housing following a natural disaster.
51	49		(b) In developing the plan, a local government shall seek
52	50		input from:
53	51		(1) stakeholders in the community, including
54	52		residents, local businesses, and community-based organizations;
55	53		and
56	54		(2) neighboring local governments.
57	55		(c) A local government may submit a plan developed and
58	56		adopted under Subsection (a) to the center for certification.
59	57		Sec. 418.134. DUTIES OF HAZARD REDUCTION AND RECOVERY
60	58		CENTER; PLAN CRITERIA AND CERTIFICATION. (a) The center shall
61	59		review and certify plans submitted to the center by local
62	60		governments.
63	61		(b) The center shall establish criteria for certifying a
64	62		plan. The center may not certify a plan unless the plan:
65	63		(1) identifies areas in the local government's
66	64		boundaries that are vulnerable to natural disasters;
67	65		(2) identifies sources of post-disaster housing
68	66		assistance and recovery funds;
69	67		(3) provides procedures for rapidly responding to a
70	68		natural disaster, including procedures for:
71	69		(A) assessing and reporting housing damage,
72	70		disaggregated by insured and uninsured losses, to the governor;
73	71		(B) providing fair and efficient access to
74	72		natural disaster recovery assistance for residents;
75	73		(C) determining residents' eligibility for
76	74		natural disaster recovery assistance;
77	75		(D) educating residents about the rebuilding
78	76		process and providing outreach and case management services; and
79	77		(E) prequalifying and training local
80	78		professionals needed for natural disaster recovery;
81	79		(4) provides procedures to encourage residents to
82	80		rebuild outside of the vulnerable areas identified under
83	81		Subdivision (1);
84	82		(5) provides procedures to maximize the use of local
85	83		businesses, contractors, and supplies to rebuild to the extent
86	84		possible;
87	85		(6) provides procedures to maximize cost efficiency;
88	86		(7) provides for the construction of permanent
89	87		replacement housing for displaced residents as soon as possible
90	88		after the natural disaster, with a goal of completion in not later
91	89		than six months; and
92	90		(8) complies with applicable state and federal law.
93	91		(c) If the center determines that a plan does not meet the
94	92		criteria prescribed by Subsection (b), the center shall identify
95	93		the plan's deficiencies and assist the local government in revising
96	94		the plan to meet the criteria.
97	95		(d) The center shall provide training to local governments
98	96		and community-based organizations on developing a plan. A local
99	97		government that submits a plan to the center for certification
100	98		under this section shall designate at least one representative to
101	99		attend the center's training. The training must include
102	100		information relating to:
103	101		(1) previous experiences with housing recovery from
104	102		natural disasters;
105	103		(2) best practices for achieving rapid and efficient
106	104		construction of permanent replacement housing;
107	105		(3) federal and state laws and regulations on natural
108	106		disaster recovery;
109	107		(4) methods for identifying and planning for
110	108		vulnerable areas and populations before a natural disaster; and
111	109		(5) cost-effective land use and building practices.
112	110		(e) The center shall create and maintain mapping and data
113	111		resources related to natural disaster recovery and planning,
114	112		including the Texas Coastal Communities Planning Atlas.
115	113		(f) The center shall assist a local government on request in
116	114		identifying areas that are vulnerable to natural disasters.
117	115		(g) The center shall provide recommendations to the Texas
118	116		Department of Insurance regarding the development of policies,
119	117		procedures, and education programs to enable the quick and
120	118		efficient reporting and settling of housing claims related to
121	119		natural disasters.
122	120		(h) The center may seek and accept gifts, grants, donations,
123	121		and other funds to assist the center in fulfilling its duties under
124	122		this section.
125	123		Sec. 418.135. REVIEW OF LOCAL HOUSING RECOVERY PLAN BY
126		-	GENERAL LAND OFFICE. (a) The center may submit to the General Land
127		-	Office a plan certified by the center under Section 418.134.
128		-	(b) If the center submits to the General Land Office a plan
129		-	under Subsection (a), the General Land Office may review the plan
130		-	and consult with the center and the local government about any
	124	+	GENERAL LAND OFFICE. (a) The center shall submit to the General
	125	+	Land Office a plan certified by the center under Section 418.134.
	126	+	(b) The General Land Office shall review the plan and
	127	+	consult with the center and the local government about any
131	128		potential improvements the General Land Office may identify. In
132	129		reviewing the plan, the General Land Office shall give deference to
133	130		the local government regarding matters in the local government's
134	131		discretion.
135		-	(c) On completion of the review, if applicable, the General
136		-	Land Office may accept the plan. The General Land Office may not
137		-	accept a plan if the General Land Office determines that the plan
138		-	does not:
	132	+	(c) On completion of the review, the General Land Office
	133	+	shall accept the plan unless the General Land Office determines
	134	+	that the plan does not:
139	135		(1) satisfy the criteria for a certified plan under
140	136		Section 418.134(b);
141	137		(2) provide for the rapid and efficient construction
142	138		of permanent replacement housing; or
143	139		(3) comply with applicable state and federal law.
144	140		Sec. 418.136. APPROVAL BY GOVERNOR. (a) The General Land
145		-	Office ~~may~~ submit to the governor for approval or rejection a plan
	141	+	Office shall submit to the governor for approval or rejection a plan
146	142		that the General Land Office accepts under Section 418.135.
147	143		(b) If the governor rejects a plan, the governor must
148	144		provide a written explanation of the reasons for the rejection.
149	145		(c) A local government, in consultation with the center and
150	146		the General Land Office, may revise a plan rejected by the governor
151	147		under this section and resubmit the plan to the governor for
152	148		approval.
153	149		Sec. 418.137. EFFECT OF APPROVAL. (a) A plan approved by
154	150		the governor under Section 418.136 is valid for four years and may
155	151		be implemented during that period without further approval if a
156	152		natural disaster occurs.
157	153		(b) In accordance with rules adopted by the General Land
158	154		Office, on or before expiration, the plan may be reviewed by the
159	155		center and the General Land Office, updated if necessary, and
160	156		resubmitted to the governor for approval or rejection.
161	157		SECTION 2. This Act takes effect only if a specific
162	158		appropriation for the implementation of the Act is provided in a
163		-	general appropriations act of the 85th Legislature. If the
164		-	legislature does not appropriate money specifically for the purpose
165		-	of implementing this Act, this Act has no effect.
	159	+	general appropriations act of the 85th Legislature.
166	160		SECTION 3. This Act takes effect September 1, 2017.