By Gray H.B. No. 2618
77R8966 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 FAMILIES. (a) On the
2-27 governor's determination that financial assistance is essential to
3-1 meet disaster-related necessary expenses or serious needs of
3-2 individuals or families adversely affected by a major disaster that
3-3 cannot be otherwise adequately met from other means of assistance,
3-4 the governor may accept a grant by the federal government to fund
3-5 the financial assistance, subject to the terms and conditions
3-6 imposed on the grant. The governor may agree with the federal
3-7 government or any officer or agency of the United States pledging
3-8 the state to participate in funding not more than 25 percent of the
3-9 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 or families adversely affected by a major disaster that cannot
3-13 otherwise adequately be met from other means of assistance. The
3-14 grants may not exceed an aggregate amount in excess of that
3-15 established by federal statute for an individual or family in any
3-16 single major disaster declared by the president of the United
3-17 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 individual or family assistance
3-21 is not granted and in which the governor determines that disaster
3-22 relief will not be sufficient to address serious needs of the
3-23 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 or families 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 and
4-3 may not exceed $5,000 per individual or family. The governor may
4-4 reduce or withdraw assistance under this subsection if the grants
4-5 are not used within a period established 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 or families qualified for disaster relief. The
4-10 designated agency may employ temporary personnel for those
4-11 functions to be paid from funds appropriated to the agency, from
4-12 federal funds, or from the disaster management [contingency] fund.
4-13 The merit system does not apply to the temporary positions. The
4-14 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 or a disaster that is declared by the president
4-20 of the United States but in which public assistance is not granted,
4-21 the governor may provide funds under Section 418.073 to a political
4-22 subdivision for expenses incurred by the political subdivision in
4-23 the clearance, removal, and disposal of debris.
4-24 SECTION 5. Subchapter B, Chapter 418, Government Code, is
4-25 amended by adding Sections 418.0231 and 418.0232 to read as
4-26 follows:
4-27 Sec. 418.0231. ASSISTANCE FOR REPAIR OR REPLACEMENT OF
5-1 HIGHWAYS OR STREETS; WATER CONTROL STRUCTURES. (a) In a disaster
5-2 that is not declared by the president of the United States or a
5-3 disaster that is declared by the president of the United States but
5-4 in which public assistance is not granted, the governor may provide
5-5 funds under Section 418.073 to a political subdivision for expenses
5-6 incurred by the political subdivision in the repair or replacement
5-7 of a damaged highway or street or water control structure if no
5-8 other means of financial assistance is available.
5-9 (b) The governor may withdraw assistance under this section
5-10 for repair or replacement work that is performed after the first
5-11 anniversary of the date on which the disaster occurred.
5-12 (c) In this section, "highway or street" has the meaning
5-13 assigned by Section 541.302, Transportation Code.
5-14 Sec. 418.0232. HAZARD MITIGATION ASSISTANCE. (a) In a
5-15 disaster that is not declared by the president of the United States
5-16 or a disaster that is declared by the president of the United
5-17 States but in which hazard mitigation assistance is not granted,
5-18 the governor may provide funds under Section 418.073 for an amount
5-19 not to exceed 50 percent of the cost of hazard mitigation measures
5-20 that are determined by the governor to:
5-21 (1) be cost-effective; and
5-22 (2) substantially reduce the risk of future damage,
5-23 loss, or suffering in any area affected by the disaster.
5-24 (b) The total contribution of funds under this section may
5-25 not exceed 20 percent of the estimated aggregate amount of grants
5-26 made under this chapter related to that disaster.
5-27 SECTION 6. Section 418.024, Government Code, is amended to
6-1 read as follows:
6-2 Sec. 418.024. RULES. The governor may adopt rules necessary
6-3 for carrying out the purposes of this chapter, including rules on:
6-4 (1) standards of eligibility for persons and political
6-5 subdivisions applying for assistance [benefits];
6-6 (2) procedures for applying for assistance [benefits];
6-7 (3) procedures for the administration, investigation,
6-8 filing, and approval of applications for assistance [benefits];
6-9 (4) procedures for the formation of local or statewide
6-10 boards to pass on applications for assistance [benefits]; and
6-11 (5) procedures for appeals of decisions relating to
6-12 applications for assistance [benefits].
6-13 SECTION 7. Section 418.045, Government Code, is amended to
6-14 read as follows:
6-15 Sec. 418.045. TEMPORARY PERSONNEL. The division may employ
6-16 or contract with temporary personnel from funds appropriated to the
6-17 division, from federal funds, or from the disaster management
6-18 [contingency] fund. The merit system does not apply to the
6-19 temporary or contract positions.
6-20 SECTION 8. Subchapter D, Chapter 418, Government Code, is
6-21 amended by amending Section 418.073 and adding Section 418.0731 to
6-22 read as follows:
6-23 Sec. 418.073. DISASTER MANAGEMENT [CONTINGENCY] FUND. (a)
6-24 The disaster management [contingency] fund is a trust fund
6-25 established in the Texas Treasury Safekeeping Trust Company and
6-26 shall be administered by that company as provided by Subchapter G,
6-27 Chapter 404. The fund consists of money appropriated to the fund.
7-1 (b) The [If the governor finds that the demands placed on
7-2 funds regularly appropriated to state and local agencies are
7-3 unreasonably great for coping with a particular disaster, the]
7-4 governor, with the concurrence of the disaster emergency funding
7-5 board, may make funds available from the disaster management
7-6 [contingency] fund to provide money for emergency management and
7-7 disaster relief programs the costs of which exceed the funds
7-8 regularly appropriated to state and local agencies. It is the
7-9 intent of the legislature that first recourse for emergency
7-10 management and disaster relief be to the funds regularly
7-11 appropriated to state and local agencies for those purposes.
7-12 Sec. 418.0731. USE OF FUND. (a) Except as provided by
7-13 Subsection (b), money in the disaster management fund may be used
7-14 only for emergency management and disaster relief programs.
7-15 (b) In a fiscal year the governor may authorize the use of:
7-16 (1) not more than 10 percent of the disaster
7-17 management fund for payment of the administrative expenses of the
7-18 division;
7-19 (2) not more than 15 percent of the disaster
7-20 management fund for payment of expenses relating to emergency
7-21 management training as prescribed by the division that are incurred
7-22 by state agencies or political subdivisions;
7-23 (3) money in the disaster management fund for expenses
7-24 incurred in implementation of the mutual aid assistance authorized
7-25 under Section 418.109 and prescribed by the division; and
7-26 (4) not more than four percent of the disaster
7-27 management fund for expenses for implementation of statewide
8-1 notification systems or services.
8-2 SECTION 9. On the effective date of this Act, the disaster
8-3 contingency fund account is abolished, and the comptroller shall
8-4 transfer any unencumbered amount in that account to the disaster
8-5 management fund established as provided by Section 418.073,
8-6 Government Code, as amended by this Act.
8-7 SECTION 10. This Act takes effect immediately if it receives
8-8 a vote of two-thirds of all the members elected to each house, as
8-9 provided by Section 39, Article III, Texas Constitution. If this
8-10 Act does not receive the vote necessary for immediate effect, this
8-11 Act takes effect September 1, 2001.