By: Lucio S.B. No. 289
A BILL TO BE ENTITLED
AN ACT
relating to 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. 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) "Local government" means a county, municipality,
or council of government that has jurisdiction in a first tier
coastal county, as defined by Section 2210.003, Insurance Code.
(3) "Plan" means a local housing recovery plan
developed under Section 418.133.
Sec. 418.132. DUTIES OF GENERAL LAND OFFICE OR DESIGNATED
STATE AGENCY. (a) Unless the governor designates a state agency
under Subsection (d), the General Land Office shall receive and
administer federal and state funds appropriated for long-term
disaster recovery.
(b) The General Land Office shall:
(1) collaborate with the Texas Division of Emergency
Management and the Federal Emergency Management Agency, as
appropriate, on plans developed under Section 418.133;
(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 review plans developed under
Section 418.133.
(c) The General Land Office may adopt rules as necessary to
implement the General Land Office's duties under this subchapter.
(d) The governor may designate a state agency to be
responsible for long-term disaster recovery under this subchapter
instead of the General Land Office. If the governor designates a
state agency under this subsection, a reference to the General Land
Office in this subchapter means the designated state agency.
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 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 disasters;
(2) identifies sources of post-disaster housing
assistance and recovery funds;
(3) provides procedures for rapidly responding to a
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
disaster recovery assistance for residents;
(C) determining residents' eligibility for
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 disaster recovery;
(4) allows for the temporary waiver or modification of
an existing local code, ordinance, or regulation on an emergency
basis that may apply in the event of a disaster declaration in order
to expedite the process of providing temporary housing or
rebuilding residential structures for persons displaced by a
disaster;
(5) provides procedures to encourage residents to
rebuild outside of the vulnerable areas identified under
Subdivision (1);
(6) provides procedures to maximize the use of local
businesses, contractors, and supplies to rebuild to the extent
possible;
(7) provides procedures to maximize cost efficiency;
(8) provides for the provision of:
(A) temporary housing to displaced residents as
soon as possible after the disaster, with a goal of providing the
housing within six months following the disaster; and
(B) permanent replacement housing to displaced
residents as soon as possible after the disaster, with a goal of
providing the housing within three years following the disaster;
(9) specifies whether the local government that
submitted the plan or the General Land Office, as determined by the
General Land Office, will administer disaster rebuilding
activities under the plan;
(10) provides a procedure through which the local
government that submits the plan is required to, between every four
to seven years:
(A) review the plan to ensure continued local
community support;
(B) provide the center with, as necessary,
revisions to the plan based on the review conducted under Paragraph
(A); and
(C) provide the center with a resolution or
proclamation adopted by the local government that certifies
continued local community support for the plan; and
(11) 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
disasters;
(2) best practices for achieving rapid and efficient
construction of permanent replacement housing;
(3) federal and state laws and regulations on disaster
recovery;
(4) methods for identifying and planning for
vulnerable areas and populations before a disaster; and
(5) cost-effective land use and building practices.
(e) The center shall create and maintain mapping and data
resources related to 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 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
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
GENERAL LAND OFFICE. (a) The center shall submit to the General
Land Office a plan certified by the center under Section 418.134.
(b) The General Land Office shall review the plan and
consult with the center and the local government about any
potential improvements the General Land Office may identify. In
reviewing the plan, the General Land Office shall give deference to
the local government regarding matters in the local government's
discretion.
(c) On completion of the review, the General Land Office
shall accept the plan unless the General Land Office 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.
(d) If the General Land Office does not accept a plan under
this section, the General Land Office may require the local
government to revise and resubmit the plan.
(e) At any point after the General Land Office accepts a
plan under this section, the General Land Office may withdraw
acceptance of the plan and require the plan to be revised and
resubmitted for acceptance under this section and approval or
rejection by the governor under Section 418.136.
(f) The General Land Office may limit the number of plans it
reviews annually under this section.
Sec. 418.136. APPROVAL BY GOVERNOR. (a) The General Land
Office shall submit to the governor for approval or rejection a plan
that the General Land Office accepts under Section 418.135.
(b) If the governor rejects a plan, the governor must
provide to the General Land Office a written explanation of the
reasons for the rejection.
(c) A local government, in consultation with the center and
the General Land Office, 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) Subject to Section
418.135(e), 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 disaster occurs.
(b) In accordance with rules adopted by the General Land
Office, on or before expiration, the plan may be reviewed by the
center and the General Land Office, updated if necessary, and
resubmitted to the governor for approval or rejection.
SECTION 2. Not later than January 1, 2021, the General Land
Office and the Hazard Reduction and Recovery Center at Texas A&M
University shall prepare and submit to the legislature a written
report that:
(1) summarizes the success of the planning process
under Subchapter F-1, Chapter 418, Government Code, as added by
this Act; and
(2) recommends any statutory or legislative changes
necessary to improve the planning process, including whether to
expand the number of local governments eligible to participate in
the planning process.
SECTION 3. The General Land Office or another state agency
designated by the governor under Section 418.132, Government Code,
as added by this Act, is required to implement a provision of this
Act only if the legislature appropriates money specifically for
that purpose. If the legislature does not appropriate money
specifically for that purpose, the General Land Office or other
state agency may, but is not required to, implement the provision
using other appropriations available for that purpose.
SECTION 4. This Act takes effect September 1, 2019.