By Gray H.B. No. 2618
77R10875 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the funding and operation of certain emergency
1-3 management and disaster relief programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 418.004(1), Government Code, is amended
1-6 to read as follows:
1-7 (1) "Disaster" means the occurrence or imminent threat
1-8 of widespread or severe damage, injury, or loss of life or property
1-9 resulting from any natural or man-made cause, including fire,
1-10 flood, earthquake, wind, storm, wave action, oil spill or other
1-11 water contamination, volcanic activity, epidemic, air
1-12 contamination, blight, drought, infestation, explosion, riot,
1-13 terrorist activity, hostile military or paramilitary action, other
1-14 public calamity requiring emergency action, or energy emergency.
1-15 SECTION 2. Section 418.021, Government Code, is amended to
1-16 read as follows:
1-17 Sec. 418.021. FEDERAL AID [FOR LOCAL GOVERNMENT]. [(a)] On
1-18 the governor's determination that a situation is [local government]
1-19 of such severity and magnitude that an effective response is beyond
1-20 the capabilities of the state and the affected political
1-21 subdivision and that federal assistance is necessary [has suffered
1-22 or will suffer a substantial loss of tax and other revenue from a
1-23 major disaster and has demonstrated a need for financial assistance
1-24 to perform its governmental functions], the governor may request
2-1 [apply to the] federal assistance [government on behalf of the
2-2 local government for a loan and may receive and disburse the
2-3 proceeds of an approved loan] to:
2-4 (1) save lives, protect property, and preserve the
2-5 public health and safety;
2-6 (2) lessen or avert the threat of a catastrophe;
2-7 (3) supplement the efforts of available resources of
2-8 the state, the affected local government, and organized volunteer
2-9 groups; and
2-10 (4) provide compensation for uninsured
2-11 disaster-related losses.
2-12 [(b) The governor may determine the amount needed by a local
2-13 government to restore or resume its governmental functions and
2-14 certify that amount to the federal government. The amount sought
2-15 for the local government may not exceed 25 percent of the annual
2-16 operating budget of the local government for the fiscal year in
2-17 which the major disaster occurs.]
2-18 [(c) The governor may recommend to the federal government,
2-19 based on the governor's review, the cancellation of all or part of
2-20 repayment if in the first three full fiscal years following the
2-21 major disaster the revenues of the local government are
2-22 insufficient to meet its operating expenses, including additional
2-23 disaster-related expenses of a municipal operation character.]
2-24 SECTION 3. Section 418.022, Government Code, is amended to
2-25 read as follows:
2-26 Sec. 418.022. AID FOR INDIVIDUALS AND HOUSEHOLDS. (a) On
2-27 the governor's determination that financial assistance is essential
3-1 to meet disaster-related necessary expenses or serious needs of
3-2 individuals and households [or families] adversely affected by a
3-3 major disaster that cannot be otherwise adequately met from other
3-4 means of assistance, the governor may accept a grant by the federal
3-5 government to fund the financial assistance, subject to the terms
3-6 and conditions imposed on the grant. The governor may agree with
3-7 the federal government or any officer or agency of the United
3-8 States pledging the state to participate in funding not more than
3-9 25 percent of the financial assistance.
3-10 (b) The governor may make financial grants to meet
3-11 disaster-related necessary expenses or serious needs of individuals
3-12 and households [or families] adversely affected by a major disaster
3-13 that cannot otherwise adequately be met from other means of
3-14 assistance. The grants may not exceed an aggregate amount in
3-15 excess of that established by federal statute for individuals and
3-16 households [an individual or family] in any single major disaster
3-17 declared by the president of the United States.
3-18 (c) In a disaster that is not declared by the president of
3-19 the United States or a disaster that is declared by the president
3-20 of the United States but in which assistance to individuals and
3-21 households is not granted and in which the governor determines that
3-22 disaster relief will not be sufficient to address serious needs of
3-23 the victims of the disaster, the governor may make grants to meet
3-24 disaster-related necessary expenses or other serious needs of
3-25 individuals and households adversely affected by the disaster. A
3-26 grant under this subsection is limited to financial assistance for
3-27 housing repairs, repair or replacement of personal property,
4-1 transportation expenses, and funeral, dental, medical, and other
4-2 analogous expenses considered necessary to meet a serious need.
4-3 The governor may reduce or withdraw assistance under this
4-4 subsection if the grants are not used within a period established
4-5 by the governor.
4-6 (d) The governor may designate in the state emergency
4-7 management plan the Texas Department of Human Services or another
4-8 state agency to carry out the functions of providing financial aid
4-9 to individuals and households [or families] qualified for disaster
4-10 relief. The designated agency may employ temporary personnel for
4-11 those functions to be paid from funds appropriated to the agency,
4-12 from federal funds, or from the disaster management [contingency]
4-13 fund. The merit system does not apply to the temporary positions.
4-14 The governor may allocate funds appropriated under this chapter to
4-15 implement the purposes of this chapter.
4-16 SECTION 4. Section 418.023, Government Code, is amended by
4-17 adding Subsection (e) to read as follows:
4-18 (e) In a disaster that is not declared by the president of
4-19 the United States and in which the governor determines that
4-20 disaster relief will not be sufficient to address the mental health
4-21 needs of the affected population, the governor may make funds
4-22 available to the Texas Department of Mental Health and Mental
4-23 Retardation in order to provide short-term crisis counseling
4-24 services.
4-25 SECTION 5. Subchapter B, Chapter 418, Government Code, is
4-26 amended by adding Sections 418.0231 and 418.0232 to read as
4-27 follows:
5-1 Sec. 418.0231. ASSISTANCE FOR REPAIR OR REPLACEMENT OF
5-2 HIGHWAYS OR STREETS; WATER CONTROL STRUCTURES. (a) In a disaster
5-3 that is not declared by the president of the United States or a
5-4 disaster that is declared by the president of the United States but
5-5 in which public assistance is not granted, the governor may provide
5-6 funds under Section 418.073 to a political subdivision for expenses
5-7 incurred by the political subdivision in the repair or replacement
5-8 of a damaged highway or street or water control structure if no
5-9 other means of financial assistance is available.
5-10 (b) The governor may withdraw assistance under this section
5-11 for repair or replacement work that is performed after the first
5-12 anniversary of the date on which the disaster occurred.
5-13 (c) In this section, "highway or street" has the meaning
5-14 assigned by Section 541.302, Transportation Code.
5-15 Sec. 418.0232. HAZARD MITIGATION ASSISTANCE. (a) In a
5-16 disaster that is not declared by the president of the United States
5-17 or a disaster that is declared by the president of the United
5-18 States but in which hazard mitigation assistance is not granted,
5-19 the governor may provide funds under Section 418.073 for the cost
5-20 of hazard mitigation measures that are determined by the governor
5-21 to:
5-22 (1) be cost-effective; and
5-23 (2) substantially reduce the risk of future damage,
5-24 loss, or suffering in any area affected by the disaster.
5-25 (b) The total contribution of funds under this section may
5-26 not exceed 20 percent of the estimated aggregate amount of grants
5-27 made under this chapter related to that disaster.
6-1 (c) The governor may provide funds for the costs associated
6-2 with pre-disaster mitigation projects that are determined by the
6-3 governor to:
6-4 (1) be cost-effective; and
6-5 (2) substantially reduce the risk of damage, loss, or
6-6 suffering in an area of the state at risk from a disaster.
6-7 SECTION 6. Section 418.024, Government Code, is amended to
6-8 read as follows:
6-9 Sec. 418.024. RULES. The governor may adopt rules necessary
6-10 for carrying out the purposes of this chapter, including rules on:
6-11 (1) standards of eligibility for persons and political
6-12 subdivisions applying for assistance [benefits];
6-13 (2) procedures for applying for assistance [benefits];
6-14 (3) procedures for the administration, investigation,
6-15 filing, and approval of applications for assistance [benefits];
6-16 (4) procedures for the formation of local or statewide
6-17 boards to pass on applications for assistance [benefits]; and
6-18 (5) procedures for appeals of decisions relating to
6-19 applications for assistance [benefits].
6-20 SECTION 7. Section 418.045, Government Code, is amended to
6-21 read as follows:
6-22 Sec. 418.045. TEMPORARY PERSONNEL. The division may employ
6-23 or contract with temporary personnel from funds appropriated to the
6-24 division, from federal funds, or from the disaster management
6-25 [contingency] fund. The merit system does not apply to the
6-26 temporary or contract positions.
6-27 SECTION 8. Subchapter D, Chapter 418, Government Code, is
7-1 amended by amending Section 418.073 and adding Section 418.0731 to
7-2 read as follows:
7-3 Sec. 418.073. DISASTER MANAGEMENT [CONTINGENCY] FUND. (a)
7-4 The disaster management [contingency] fund is a trust fund
7-5 established in the Texas Treasury Safekeeping Trust Company and
7-6 shall be administered by that company as provided by Subchapter G,
7-7 Chapter 404. The fund consists of money appropriated to the fund.
7-8 (b) The [If the governor finds that the demands placed on
7-9 funds regularly appropriated to state and local agencies are
7-10 unreasonably great for coping with a particular disaster, the]
7-11 governor, with the concurrence of the disaster emergency funding
7-12 board, may make funds available from the disaster management
7-13 [contingency] fund to provide money for emergency management and
7-14 disaster relief programs the costs of which exceed the funds
7-15 regularly appropriated to state and local agencies. It is the
7-16 intent of the legislature that first recourse for emergency
7-17 management and disaster relief be to the funds regularly
7-18 appropriated to state and local agencies for those purposes.
7-19 Sec. 418.0731. USE OF FUND. (a) Except as provided by
7-20 Subsection (b), money in the disaster management fund may be used
7-21 only for emergency management and disaster relief programs.
7-22 (b) In a fiscal year the governor may authorize the use of:
7-23 (1) not more than 10 percent of the disaster
7-24 management fund for payment of the administrative expenses of the
7-25 division;
7-26 (2) not more than 15 percent of the disaster
7-27 management fund for payment of expenses relating to emergency
8-1 management training as prescribed by the division that are incurred
8-2 by state agencies or political subdivisions;
8-3 (3) money in the disaster management fund for expenses
8-4 incurred in implementation of the mutual aid assistance authorized
8-5 under Section 418.109 and prescribed by the division;
8-6 (4) not more than four percent of the disaster
8-7 management fund for expenses for implementation of statewide
8-8 notification systems or services;
8-9 (5) money in the disaster management fund for expenses
8-10 incurred under Section 418.022(c);
8-11 (6) money in the disaster management fund for at least
8-12 one-half of eligible project costs under Sections 418.023(e),
8-13 418.0231, and 418.0232;
8-14 (7) money in the disaster management fund for at least
8-15 one-half of a local political subdivision's share of expenses
8-16 incurred on public assistance projects eligible for federal
8-17 assistance if the county has been declared a disaster area by the
8-18 president of the United States; and
8-19 (8) money in the disaster management fund for
8-20 competitive grants for emergency preparedness and recovery projects
8-21 conducted by volunteer groups, nonprofit organizations, and local
8-22 political subdivisions.
8-23 SECTION 9. On the effective date of this Act, the disaster
8-24 contingency fund account is abolished, and the comptroller shall
8-25 transfer any unencumbered amount in that account to the disaster
8-26 management fund established as provided by Section 418.073,
8-27 Government Code, as amended by this Act.
9-1 SECTION 10. This Act takes effect immediately if it receives
9-2 a vote of two-thirds of all the members elected to each house, as
9-3 provided by Section 39, Article III, Texas Constitution. If this
9-4 Act does not receive the vote necessary for immediate effect, this
9-5 Act takes effect September 1, 2001.