By Bernsen S.B. No. 1652
77R3265 MTB-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. The
4-3 governor may reduce or withdraw assistance under this subsection if
4-4 the grants are not used within a period established by the
4-5 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 (e) In a disaster that is not declared by the president of
4-17 the United States or a disaster that is declared by the president
4-18 of the United States but in which public assistance is not granted,
4-19 the governor may make funds available to the Texas Department of
4-20 Mental Health and Mental Retardation for short-term crisis
4-21 counseling services if the governor determines that disaster relief
4-22 will not be sufficient to address the mental health needs of
4-23 affected individuals.
4-24 SECTION 4. Section 418.023, Government Code, is amended by
4-25 adding Subsection (e) to read as follows:
4-26 (e) In a disaster that is not declared by the president of
4-27 the United States or a disaster that is declared by the president
5-1 of the United States but in which public assistance is not granted,
5-2 the governor may provide funds under Section 418.0731 to a
5-3 political subdivision for expenses incurred by the political
5-4 subdivision in the clearance, removal, and disposal of debris.
5-5 SECTION 5. Subchapter B, Chapter 418, Government Code, is
5-6 amended by adding Sections 418.0231 and 418.0232 to read as
5-7 follows:
5-8 Sec. 418.0231. ASSISTANCE FOR REPAIR OR REPLACEMENT OF
5-9 HIGHWAYS OR STREETS; WATER CONTROL STRUCTURES. (a) In a disaster
5-10 that is not declared by the president of the United States or a
5-11 disaster that is declared by the president of the United States but
5-12 in which public assistance is not granted, the governor may provide
5-13 funds under Section 418.0731 to a political subdivision for
5-14 expenses incurred by the political subdivision in the repair or
5-15 replacement of a damaged highway or street or water control
5-16 structure if no other means of financial assistance is available.
5-17 (b) The governor may withdraw assistance under this section
5-18 for repair or replacement work that is performed after the first
5-19 anniversary of the date on which the disaster occurred.
5-20 (c) In this section, "highway or street" has the meaning
5-21 assigned by Section 541.302, Transportation Code.
5-22 Sec. 418.0232. HAZARD MITIGATION ASSISTANCE. (a) In a
5-23 disaster that is not declared by the president of the United States
5-24 or a disaster that is declared by the president of the United
5-25 States but in which hazard mitigation assistance is not granted,
5-26 the governor may provide funds under Section 418.0731 for the cost
5-27 of hazard mitigation measures that are determined by the governor
6-1 to:
6-2 (1) be cost-effective; and
6-3 (2) substantially reduce the risk of future damage,
6-4 loss, or suffering in any area affected by the disaster.
6-5 (b) The total contribution of funds under Subsection (a) may
6-6 not exceed 20 percent of the estimated aggregate amount of grants
6-7 made under this chapter related to that disaster.
6-8 (c) The governor may provide funds for the costs associated
6-9 with pre-disaster mitigation projects that are determined by the
6-10 governor to:
6-11 (1) be cost-effective; and
6-12 (2) substantially reduce the risk of damage, loss, or
6-13 suffering in an area of the state at risk from future disasters.
6-14 SECTION 6. Section 418.024, Government Code, is amended to
6-15 read as follows:
6-16 Sec. 418.024. RULES. The governor may adopt rules necessary
6-17 for carrying out the purposes of this chapter, including rules on:
6-18 (1) standards of eligibility for persons and political
6-19 subdivisions applying for assistance [benefits];
6-20 (2) procedures for applying for assistance [benefits];
6-21 (3) procedures for the administration, investigation,
6-22 filing, and approval of applications for assistance [benefits];
6-23 (4) procedures for the formation of local or statewide
6-24 boards to pass on applications for assistance [benefits]; and
6-25 (5) procedures for appeals of decisions relating to
6-26 applications for assistance [benefits].
6-27 SECTION 7. Section 418.045, Government Code, is amended to
7-1 read as follows:
7-2 Sec. 418.045. TEMPORARY PERSONNEL. The division may employ
7-3 or contract with temporary personnel from funds appropriated to the
7-4 division, from federal funds, or from the disaster management
7-5 [contingency] fund. The merit system does not apply to the
7-6 temporary or contract positions.
7-7 SECTION 8. Subchapter D, Chapter 418, Government Code, is
7-8 amended by amending Section 418.073 and adding Section 418.0731 to
7-9 read as follows:
7-10 Sec. 418.073. DISASTER MANAGEMENT [CONTINGENCY] FUND. (a)
7-11 The disaster management [contingency] fund is a trust fund
7-12 established in the Texas Treasury Safekeeping Trust Company and
7-13 shall be administered by that company as provided by Subchapter G,
7-14 Chapter 404. The fund consists of:
7-15 (1) money collected under Chapter 18, Utilities Code;
7-16 and
7-17 (2) any additional money appropriated to the fund.
7-18 (b) The [If the governor finds that the demands placed on
7-19 funds regularly appropriated to state and local agencies are
7-20 unreasonably great for coping with a particular disaster, the]
7-21 governor, with the concurrence of the disaster emergency funding
7-22 board, may make funds available from the disaster management
7-23 [contingency] fund to provide money for emergency management and
7-24 disaster relief programs the costs of which exceed the funds
7-25 regularly appropriated to state and local agencies. It is the
7-26 intent of the legislature that first recourse for emergency
7-27 management and disaster relief be to the funds regularly
8-1 appropriated to state and local agencies for those purposes.
8-2 Sec. 418.0731. USE OF FUND. (a) Except as provided by
8-3 Subsection (b), money in the disaster management fund may be used
8-4 only for emergency management and disaster relief programs.
8-5 (b) In a fiscal year the governor may authorize the use of:
8-6 (1) not more than 10 percent of the disaster
8-7 management fund for payment of the administrative expenses of the
8-8 division;
8-9 (2) not more than 15 percent of the disaster
8-10 management fund for payment of expenses relating to emergency
8-11 management training as prescribed by the division that are incurred
8-12 by state agencies or political subdivisions;
8-13 (3) money in the disaster management fund for expenses
8-14 incurred in implementation of the mutual aid assistance authorized
8-15 under Section 418.109 and prescribed by the division;
8-16 (4) not more than four percent of the disaster
8-17 management fund for expenses for implementation of statewide
8-18 notification systems or services;
8-19 (5) money in the disaster management fund for expenses
8-20 incurred under Section 418.022(c);
8-21 (6) money in the disaster management fund for at least
8-22 one-half of eligible project costs under Sections 418.023(e),
8-23 418.0231, and 418.0232;
8-24 (7) money in the disaster management fund for at least
8-25 one-half of a local political subdivision's share of expenses
8-26 incurred on public assistance projects eligible for federal
8-27 assistance if the county has been declared a disaster area by the
9-1 president of the United States; and
9-2 (8) money in the disaster management fund for
9-3 competitive grants for emergency preparedness and recovery projects
9-4 conducted by volunteer groups, nonprofit organizations, and local
9-5 political subdivisions.
9-6 SECTION 9. Subtitle A, Title 2, Utilities Code, is amended
9-7 by adding Chapter 18 to read as follows:
9-8 CHAPTER 18. ASSESSMENT FOR DISASTER RELIEF
9-9 Sec. 18.001. ASSESSMENT. (a) In addition to the assessment
9-10 imposed on each public utility within the commission's jurisdiction
9-11 under Section 16.001, an annual assessment is imposed under this
9-12 section on each electric utility and municipally owned utility
9-13 serving the ultimate customer.
9-14 (b) The assessment imposed under this section is equal to
9-15 one-thirtieth of one percent of the gross receipts of the utility
9-16 from rates charged to ultimate consumers in this state. The
9-17 assessment shall be deposited in the disaster management fund
9-18 established under Section 418.073, Government Code.
9-19 (c) Notwithstanding any other provision of this title,
9-20 including a provision that authorizes or requires a freeze of
9-21 utility rates, the regulatory authority shall provide for the
9-22 adjustment of a public or municipally owned electric utility's
9-23 billings to recover the additional assessment imposed under this
9-24 section and any additional taxes and fees resulting from that
9-25 assessment.
9-26 (d) Each public utility and municipally owned electric
9-27 utility shall include the adjustment established under Subsection
10-1 (c) in its rates but may not separately state the additional
10-2 assessment on consumers' bills.
10-3 (e) Sections 16.002 and 16.003 apply to an assessment made
10-4 under this section.
10-5 Sec. 18.002. TARIFF FILING. (a) Each public utility and
10-6 municipally owned electric utility shall file a tariff with each
10-7 regulatory authority that has original jurisdiction over the rates
10-8 of ultimate consumers for that utility. The adjustment provision
10-9 takes effect and becomes part of the utility's rates on the date on
10-10 which that tariff is filed with the appropriate regulatory
10-11 authority.
10-12 (b) Subchapters C, D, and E, Chapter 33, do not apply to any
10-13 action taken under this chapter.
10-14 Sec. 18.003. EXCEPTION. The assessment imposed by this
10-15 chapter does not apply to an investor-owned electric utility
10-16 reorganized under a plan of reorganization that has been confirmed
10-17 by a federal bankruptcy court if that utility cannot adjust its
10-18 rates to recover the assessment.
10-19 Sec. 18.004. COLLECTION BY COMPTROLLER. The comptroller
10-20 shall collect and deposit into the disaster management fund
10-21 established under Section 418.073, Government Code, the additional
10-22 assessment imposed under Section 18.001 and any fee, penalty, or
10-23 interest related to that assessment.
10-24 SECTION 10. On the effective date of this Act, the disaster
10-25 contingency fund account is abolished, and the comptroller shall
10-26 transfer any unencumbered amount in that account to the disaster
10-27 management fund established as provided by Section 418.073,
11-1 Government Code, as amended by this Act.
11-2 SECTION 11. This Act takes effect immediately if it receives
11-3 a vote of two-thirds of all the members elected to each house, as
11-4 provided by Section 39, Article III, Texas Constitution. If this
11-5 Act does not receive the vote necessary for immediate effect, this
11-6 Act takes effect September 1, 2001.