By: Eiland, Guillen H.B. No. 4102
 
 
 
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(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 entity[,] or other
  eligible entity that participates in disaster recovery may request
  and receive funding from the disaster contingency fund to pay for[:
               [(1)  extraordinary] costs incurred in recovering from
  [implementing preventive measures taken before or during an
  emergency; and
               [(2)     costs incurred in repairing damage suffered
  during] a disaster for which:
               (1) [(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
               (2) [(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 Subsections (f), (g), and (h) to read as follows:
         (f)  A state or local government entity or other eligible
  entity that receives funding from the disaster contingency fund to
  pay for costs associated with disaster recovery and that
  subsequently receives reimbursement from the federal government,
  an insurer, or another source for those same costs shall reimburse
  the disaster contingency fund for the 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.
         (g)  Money in the disaster contingency fund may be used to
  pay for a disaster risk financing instrument using a parametric
  index based on affected population to leverage available funds and
  receive proceeds greater than appropriated amounts to pay for
  extraordinary expenses.
         (h)  Money in the disaster contingency fund may be used to
  provide to a local government entity that is suffering financial
  hardship as a result of a disaster declared under this chapter funds
  for the purpose of:
               (1)  providing local matching funds for Federal
  Emergency Management Agency qualifying projects; or
               (2)  preventing default on outstanding bonds or meeting
  other financial requirements.
         SECTION 3.  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, 2009.