BILL ANALYSIS
By: McCall
Defense Affairs & State-Federal Relations
BACKGROUND AND PURPOSE
Under current law, the state is not required to reimburse cities for the cost of opening and operating emergency shelters for evacuees because of a state recommended or ordered evacuation. Cities are eligible for reimbursement only when a federal disaster declaration is issued, and then only at 75% of eligible expenses. Under a federal disaster declaration, expenses such as straight-time salary for employees and loss of revenue for public facilities are not considered eligible. Some cities report that the lack of a requirement for the state to reimburse emergency shelter costs to cities creates an unfair financial burden. Taxpayers of the affected political subdivision must currently bear the cost of providing shelter to evacuees without reimbursement or expectation of reciprocity. Financial assistance is vital to the state’s disaster management because it will help insure that cities around the state that are unaffected by a disaster will provide emergency shelters for disaster victims.
HB 3698 would require the state to provide financial assistance to, and ultimately reimburse, cities that provide emergency shelters for persons from outside the host city in response to a state-ordered evacuation.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
HB 3698 amends the Government Code by defining "Public facility" as having the meaning assigned by the Robert T. Stafford Disaster Relief and Emergency Assistance Act and by adding references to “emergency shelters” to more accurately describe functions that may be performed by a political subdivision during a declared disaster.
Further, HB 3698 provides for financial assistance from the state to a political subdivision that provides temporary housing or emergency shelter for persons moved or evacuated by recommendation or order of the Governor. It authorizes reimbursement to political subdivisions of all expenses, including lost revenue for public facilities used to provide temporary housing or emergency shelter for persons evacuated by recommendation or order of the governor and of salaries and benefits, including straight and regular time salaries, of employees of political subdivisions who perform duties associated with the movement or evacuation of persons into, out of, or through the political subdivision as the result of an evacuation recommendation or order of the governor.
EFFECTIVE DATE
September 1, 2007.