81R9612 JRD-D
 
  By: Eiland H.B. No. 3856
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the state's current and future response to disasters
  and to preparations for disasters; making an appropriation for the
  purpose of providing disaster relief.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 418.073(c), Government Code, as added by
  Chapter 1250 (H.B. 2694), Acts of the 80th Legislature, Regular
  Session, 2007, is amended to read as follows:
         (c)  A state or [agency,] local government[, or other
  eligible] entity that participates in disaster preparation or
  disaster recovery may request and receive funding from the disaster
  contingency fund to pay for[:
               [(1)  extraordinary] costs incurred by the state or
  local government entity in preparing for or recovering from
  [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; and
                     [(B)     the governor has also declared a state of
  disaster for the affected county or counties].
         SECTION 2.  Section 418.073, Government Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  A state or local government entity that receives funding
  from the disaster contingency fund to pay for costs associated with
  disaster preparation or disaster recovery and that subsequently
  receives reimbursement from the federal government for those same
  costs shall reimburse the disaster contingency fund for the
  federally reimbursed amounts. In developing rules and procedures
  under Subsection (d) the governor's division of emergency
  management shall prescribe accounting and other procedures
  necessary to efficiently and effectively implement this
  subsection.
         SECTION 3.  (a)  An amount not to exceed $100 million is
  appropriated out of the economic stabilization fund for transfer to
  the disaster contingency fund and is appropriated for expenditure
  out of the disaster contingency fund to the trusteed programs
  within the office of the governor for the two-year period beginning
  on the effective date of this Act for the purpose of providing
  disaster relief.  Money may not be transferred out of the economic
  stabilization fund or expended from the disaster contingency fund
  under this section without the prior written approval of the
  Legislative Budget Board given in response to a request for that
  approval from the office of the governor.
         (b)  The amounts appropriated by Subsection (a) of this
  section may be transferred to the disaster contingency fund and
  expended out of the disaster contingency fund only serially as
  conditions warrant. The Legislative Budget Board may not approve at
  any one time a transfer or expenditure under this section in an
  amount that exceeds $25 million, but the board may concurrently
  approve under this section the transfer of an amount out of the
  economic stabilization fund and the expenditure out of the disaster
  contingency fund of all or part of that amount.
         SECTION 4.  Section 3 of this Act takes effect only if this
  Act receives a two-thirds vote of the members present in each house
  as required by Section 49-g, Article III, Texas Constitution.
         SECTION 5.  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, then
  except as otherwise provided by this Act, this Act takes effect on
  the 91st day after the last day of the legislative session.