By: Hamilton H.B. No. 2694
 
A BILL TO BE ENTITLED
AN ACT
relating to the disaster contingency fund.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 418.073, Government Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
       (b)  [If the governor finds that the demands placed on funds
regularly appropriated to state and local agencies are unreasonably
great for coping with a particular disaster, the governor with the
concurrence of the disaster emergency funding board may make funds
available from the disaster contingency fund.] It is the intent of
the legislature that in responding to an emergency or disaster, the
first recourse of state and local agencies should be to the funds
regularly appropriated to those [state and local] agencies.
       (c)  A state agency, local government, or other eligible
entity may request funding from the disaster contingency fund to
pay for:
             (1)  extraordinary costs incurred in implementing
preventive measures taken before or during an emergency; and
             (2)  costs incurred in repairing damage suffered during
a disaster for which:
                   (A)  the presiding officer of a municipal or
county government has declared a local state of disaster for
affected areas within the jurisdiction of the municipality or
county;
                   (B)  the governor has also declared a state of
disaster for the affected county or counties; and
                   (C)  the federal government has not issued an
emergency or disaster declaration for the affected area that would
activate federal emergency assistance.
       (d)  The governor's division of emergency management shall
administer the disaster contingency fund and shall develop and
implement rules and procedures for providing emergency assistance
from the fund.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.