By: Hamilton (Senate Sponsor - Janek) H.B. No. 2694
         (In the Senate - Received from the House May 8, 2007;
  May 10, 2007, read first time and referred to Committee on
  Transportation and Homeland Security; May 17, 2007, reported
  favorably by the following vote:  Yeas 7, Nays 0; May 17, 2007, sent
  to printer.)
 
 
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.
 
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