Texas 2019 - 86th Regular

Texas Senate Bill SB289 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 289
	1	+	86R28461 JG-D
	2	+	By: Lucio S.B. No. 289
	3	+	(Morrison)
	4	+	Substitute the following for S.B. No. 289: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5		-	relating to disaster recovery.
	9	+	relating to disaster housing recovery.
6	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7		-	SECTION 1. Subchapter C, Chapter 418, Government Code, is
8		-	amended by adding Section 418.054 to read as follows:
9		-	Sec. 418.054. DISASTER RECOVERY TASK FORCE. (a) The
10		-	division shall develop a disaster recovery task force to operate
11		-	throughout the long-term recovery period following natural and
12		-	man-made disasters by providing specialized assistance for
13		-	communities and individuals to address financial issues, available
14		-	federal assistance programs, and recovery and resiliency planning
15		-	to speed recovery efforts at the local level.
16		-	(b) The disaster recovery task force may include and use the
17		-	resources of:
18		-	(1) any appropriate state agencies, including
19		-	institutions of higher education; and
20		-	(2) organized volunteer groups.
21		-	(c) The disaster recovery task force shall develop
22		-	procedures for preparing and issuing a report listing each project
23		-	related to a disaster that qualifies for federal assistance. A
24		-	report must be submitted to the appropriate federal agencies as
25		-	soon as practicable after any disaster.
26		-	(d) Once each quarter, the disaster recovery task force
27		-	shall brief members of the legislature, legislative staff, and
28		-	state agency personnel on the response and recovery efforts for
29		-	previous disasters and any preparation or planning for potential
30		-	future hazards, threats, or disasters.
31		-	SECTION 2. Chapter 418, Government Code, is amended by
	11	+	SECTION 1. Chapter 418, Government Code, is amended by
32	12		adding Subchapter F-1 to read as follows:
33	13		SUBCHAPTER F-1. DISASTER HOUSING RECOVERY
34	14		Sec. 418.131. DEFINITIONS. In this subchapter:
35	15		(1) "Center" means the Hazard Reduction and Recovery
36	16		Center at Texas A&M University.
37	17		(2) "Local government" means a county, municipality,
38	18		or council of government that has jurisdiction in a first tier
39	19		coastal county, as defined by Section 2210.003, Insurance Code.
40	20		(3) "Plan" means a local housing recovery plan
41	21		developed under Section 418.133.
42	22		Sec. 418.132. DUTIES OF GENERAL LAND OFFICE OR DESIGNATED
43	23		STATE AGENCY. (a) Unless the governor designates a state agency
44	24		under Subsection (d), the General Land Office shall receive and
45	25		administer federal and state funds appropriated for long-term
46	26		disaster recovery.
47	27		(b) The General Land Office shall:
48	28		(1) collaborate with the Texas Division of Emergency
49	29		Management and the Federal Emergency Management Agency, as
50	30		appropriate, on plans developed under Section 418.133;
51	31		(2) seek prior approval from the Federal Emergency
52	32		Management Agency and the United States Department of Housing and
53	33		Urban Development for the immediate post-disaster implementation
54	34		of local housing recovery plans accepted by the General Land Office
55	35		under Section 418.135; and
56	36		(3) maintain a division with adequate staffing and
57	37		other administrative support to review plans developed under
58	38		Section 418.133.
59	39		(c) The General Land Office may adopt rules as necessary to
60	40		implement the General Land Office's duties under this subchapter.
61	41		(d) The governor may designate a state agency to be
62	42		responsible for long-term disaster recovery under this subchapter
63	43		instead of the General Land Office. If the governor designates a
64	44		state agency under this subsection, a reference to the General Land
65	45		Office in this subchapter means the designated state agency.
66	46		Sec. 418.133. LOCAL HOUSING RECOVERY PLAN. (a) A local
67	47		government may develop and adopt a local housing recovery plan to
68	48		provide for the rapid and efficient construction of permanent
69	49		replacement housing following a disaster.
70	50		(b) In developing the plan, a local government shall seek
71	51		input from:
72	52		(1) stakeholders in the community, including
73	53		residents, local businesses, and community-based organizations;
74	54		and
75	55		(2) neighboring local governments.
76	56		(c) A local government may submit a plan developed and
77	57		adopted under Subsection (a) to the center for certification.
78	58		Sec. 418.134. DUTIES OF HAZARD REDUCTION AND RECOVERY
79	59		CENTER; PLAN CRITERIA AND CERTIFICATION. (a) The center shall
80	60		review and certify plans submitted to the center by local
81	61		governments.
82	62		(b) The center shall establish criteria for certifying a
83	63		plan. The center may not certify a plan unless the plan:
84	64		(1) identifies areas in the local government's
85	65		boundaries that are vulnerable to disasters;
86	66		(2) identifies sources of post-disaster housing
87	67		assistance and recovery funds;
88	68		(3) provides procedures for rapidly responding to a
89	69		disaster, including procedures for:
90	70		(A) assessing and reporting housing damage,
91	71		disaggregated by insured and uninsured losses, to the governor;
92	72		(B) providing fair and efficient access to
93	73		disaster recovery assistance for residents;
94	74		(C) determining residents' eligibility for
95	75		disaster recovery assistance;
96	76		(D) educating residents about the rebuilding
97	77		process and providing outreach and case management services; and
98	78		(E) prequalifying and training local
99	79		professionals needed for disaster recovery;
100	80		(4) allows for the temporary waiver or modification of
101	81		an existing local code, ordinance, or regulation on an emergency
102	82		basis that may apply in the event of a disaster declaration in order
103	83		to expedite the process of providing temporary housing or
104	84		rebuilding residential structures for persons displaced by a
105	85		disaster;
106	86		(5) provides procedures to encourage residents to
107	87		rebuild outside of the vulnerable areas identified under
108	88		Subdivision (1);
109	89		(6) provides procedures to maximize the use of local
110	90		businesses, contractors, and supplies to rebuild to the extent
111	91		possible;
112	92		(7) provides procedures to maximize cost efficiency;
113	93		(8) provides for the provision of:
114	94		(A) temporary housing to displaced residents as
115	95		soon as possible after the disaster, with a goal of providing the
116	96		housing within six months following the disaster; and
117	97		(B) permanent replacement housing to displaced
118	98		residents as soon as possible after the disaster, with a goal of
119	99		providing the housing within three years following the disaster;
120	100		(9) specifies whether the local government that
121	101		submitted the plan or the General Land Office, as determined by the
122	102		General Land Office, will administer disaster rebuilding
123	103		activities under the plan;
124	104		(10) provides a procedure through which the local
125	105		government that submits the plan is required to, between every four
126	106		to seven years:
127	107		(A) review the plan to ensure continued local
128	108		community support;
129	109		(B) provide the center with, as necessary,
130	110		revisions to the plan based on the review conducted under Paragraph
131	111		(A); and
132	112		(C) provide the center with a resolution or
133	113		proclamation adopted by the local government that certifies
134	114		continued local community support for the plan; and
135	115		(11) complies with applicable state and federal law.
136	116		(c) If the center determines that a plan does not meet the
137	117		criteria prescribed by Subsection (b), the center shall identify
138	118		the plan's deficiencies and assist the local government in revising
139	119		the plan to meet the criteria.
140	120		(d) The center shall provide training to local governments
141	121		and community-based organizations on developing a plan. A local
142	122		government that submits a plan to the center for certification
143	123		under this section shall designate at least one representative to
144	124		attend the center's training. The training must include
145	125		information relating to:
146	126		(1) previous experiences with housing recovery from
147	127		disasters;
148	128		(2) best practices for achieving rapid and efficient
149	129		construction of permanent replacement housing;
150	130		(3) federal and state laws and regulations on disaster
151	131		recovery;
152	132		(4) methods for identifying and planning for
153	133		vulnerable areas and populations before a disaster; and
154	134		(5) cost-effective land use and building practices.
155	135		(e) The center shall create and maintain mapping and data
156	136		resources related to disaster recovery and planning, including the
157	137		Texas Coastal Communities Planning Atlas.
158	138		(f) The center shall assist a local government on request in
159	139		identifying areas that are vulnerable to disasters.
160	140		(g) The center shall provide recommendations to the Texas
161	141		Department of Insurance regarding the development of policies,
162	142		procedures, and education programs to enable the quick and
163	143		efficient reporting and settling of housing claims related to
164	144		disasters.
165	145		(h) The center may seek and accept gifts, grants, donations,
166	146		and other funds to assist the center in fulfilling its duties under
167	147		this section.
168	148		Sec. 418.135. REVIEW OF LOCAL HOUSING RECOVERY PLAN BY
169	149		GENERAL LAND OFFICE. (a) The center shall submit to the General
170	150		Land Office a plan certified by the center under Section 418.134.
171	151		(b) The General Land Office shall review the plan and
172	152		consult with the center and the local government about any
173	153		potential improvements the General Land Office may identify. In
174	154		reviewing the plan, the General Land Office shall give deference to
175	155		the local government regarding matters in the local government's
176	156		discretion.
177	157		(c) On completion of the review, the General Land Office
178	158		shall accept the plan unless the General Land Office determines
179	159		that the plan does not:
180	160		(1) satisfy the criteria for a certified plan under
181	161		Section 418.134(b);
182	162		(2) provide for the rapid and efficient construction
183	163		of permanent replacement housing; or
184	164		(3) comply with applicable state and federal law.
185	165		(d) If the General Land Office rejects a plan under this
186	166		section, the General Land Office may require the local government
187	167		to revise and resubmit the plan.
188	168		(e) At any point after the General Land Office accepts a
189	169		plan under this section, the General Land Office may withdraw
190	170		acceptance of the plan and require the plan to be revised and
191	171		resubmitted for acceptance or rejection under this section.
192	172		(f) The General Land Office may limit the number of plans it
193	173		reviews annually under this section.
194		-	Sec. 418.136. EFFECT OF ACCEPTANCE. (a) A plan accepted
195		-	by the General Land Office under Section 418.135 is valid for four
	174	+	Sec. 418.136. EFFECT OF ACCEPTANCE. (a) A plan accepted by
	175	+	the General Land Office under Section 418.135 is valid for four
196	176		years and may be implemented during that period without further
197	177		acceptance if a disaster occurs.
198	178		(b) In accordance with rules adopted by the General Land
199	179		Office, on or before expiration, the plan may be reviewed by the
200	180		center and the General Land Office, updated if necessary, and
201	181		resubmitted to the General Land Office for acceptance or rejection.
202		-	SECTION 3. Not later than January 1, 2021, the General Land
	182	+	SECTION 2. Not later than January 1, 2021, the General Land
203	183		Office and the Hazard Reduction and Recovery Center at Texas A&M
204	184		University shall prepare and submit to the legislature a written
205	185		report that:
206	186		(1) summarizes the success of the planning process
207	187		under Subchapter F-1, Chapter 418, Government Code, as added by
208	188		this Act; and
209	189		(2) recommends any statutory or legislative changes
210	190		necessary to improve the planning process, including whether to
211	191		expand the number of local governments eligible to participate in
212	192		the planning process.
213		-	SECTION 4. The General Land Office or another state agency
	193	+	SECTION 3. The General Land Office or another state agency
214	194		designated by the governor under Section 418.132, Government Code,
215	195		as added by this Act, is required to implement a provision of this
216	196		Act only if the legislature appropriates money specifically for
217	197		that purpose. If the legislature does not appropriate money
218	198		specifically for that purpose, the General Land Office or other
219	199		state agency may, but is not required to, implement the provision
220	200		using other appropriations available for that purpose.
221		-	SECTION 5. This Act takes effect September 1, 2019.
222		-	______________________________ ______________________________
223		-	President of the Senate Speaker of the House
224		-	I hereby certify that S.B. No. 289 passed the Senate on
225		-	April 8, 2019, by the following vote: Yeas 30, Nays 0; and that
226		-	the Senate concurred in House amendments on May 23, 2019, by the
227		-	following vote: Yeas 31, Nays 0.
228		-	______________________________
229		-	Secretary of the Senate
230		-	I hereby certify that S.B. No. 289 passed the House, with
231		-	amendments, on May 21, 2019, by the following vote: Yeas 145,
232		-	Nays 2, one present not voting.
233		-	______________________________
234		-	Chief Clerk of the House
235		-	Approved:
236		-	______________________________
237		-	Date
238		-	______________________________
239		-	Governor
	201	+	SECTION 4. This Act takes effect September 1, 2019.