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  81R7882 JRD-D
 
  By: Eiland 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[, 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.  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.