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A BILL TO BE ENTITLED
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AN ACT
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relating to the state's current and future response to disasters |
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and to preparations for disasters; making an appropriation for the |
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purpose of providing disaster relief. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.073(c), Government Code, as added by |
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Chapter 1250 (H.B. 2694), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(c) A state or [agency,] local government[, or other
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eligible] entity that participates in disaster preparation or |
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disaster recovery may request and receive funding from the disaster |
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contingency fund to pay for[:
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[(1) extraordinary] costs incurred by the state or |
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local government entity in preparing for or recovering from |
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[implementing preventive measures taken before or during an
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emergency; and
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[(2)
costs incurred in repairing damage suffered
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during] a disaster [for which:
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[(A)
the presiding officer of a municipal or
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county government has declared a local state of disaster for
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affected areas within the jurisdiction of the municipality or
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county; and
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[(B)
the governor has also declared a state of
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disaster for the affected county or counties]. |
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SECTION 2. Section 418.073, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) A state or local government entity that receives funding |
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from the disaster contingency fund to pay for costs associated with |
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disaster preparation or disaster recovery and that subsequently |
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receives reimbursement from the federal government for those same |
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costs shall reimburse the disaster contingency fund for the |
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federally reimbursed amounts. In developing rules and procedures |
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under Subsection (d) the governor's division of emergency |
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management shall prescribe accounting and other procedures |
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necessary to efficiently and effectively implement this |
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subsection. |
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SECTION 3. (a) An amount not to exceed $100 million is |
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appropriated out of the economic stabilization fund for transfer to |
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the disaster contingency fund and is appropriated for expenditure |
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out of the disaster contingency fund to the trusteed programs |
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within the office of the governor for the two-year period beginning |
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on the effective date of this Act for the purpose of providing |
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disaster relief. Money may not be transferred out of the economic |
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stabilization fund or expended from the disaster contingency fund |
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under this section without the prior written approval of the |
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Legislative Budget Board given in response to a request for that |
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approval from the office of the governor. |
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(b) The amounts appropriated by Subsection (a) of this |
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section may be transferred to the disaster contingency fund and |
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expended out of the disaster contingency fund only serially as |
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conditions warrant. The Legislative Budget Board may not approve at |
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any one time a transfer or expenditure under this section in an |
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amount that exceeds $25 million, but the board may concurrently |
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approve under this section the transfer of an amount out of the |
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economic stabilization fund and the expenditure out of the disaster |
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contingency fund of all or part of that amount. |
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SECTION 4. Section 3 of this Act takes effect only if this |
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Act receives a two-thirds vote of the members present in each house |
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as required by Section 49-g, Article III, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, then |
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except as otherwise provided by this Act, this Act takes effect on |
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the 91st day after the last day of the legislative session. |