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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the disaster reconstruction |
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coordination office within the governor's office; creating the |
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disaster contingency account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Government Code, is amended |
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by adding Chapter 423 to read as follows: |
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CHAPTER 423. DISASTER RECONSTRUCTION COORDINATION OFFICE |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 423.001. DEFINITIONS. In this chapter: |
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(1) "Conservator" means a conservator appointed under |
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Subchapter D. |
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(2) "Disaster" has the meaning assigned by Section |
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418.004. |
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(3) "Executive director" means the executive director |
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of the office. |
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(4) "Office" means the disaster reconstruction |
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coordination office established under this chapter. |
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Sec. 423.002. DISASTER RECONSTRUCTION COORDINATION OFFICE. |
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The disaster reconstruction coordination office is an office within |
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the office of the governor. |
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Sec. 423.003. SUNSET PROVISION. The disaster |
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reconstruction coordination office is subject to Chapter 325 (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the office is abolished and this chapter expires September |
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1, 2021. |
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[Sections 423.004-423.050 reserved for expansion] |
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SUBCHAPTER B. ADMINISTRATION |
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Sec. 423.051. EXECUTIVE DIRECTOR. (a) The governor shall |
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appoint an executive director of the office. |
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(b) The executive director must have: |
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(1) experience in the administration of a state or |
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federal program; and |
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(2) demonstrated executive and organizational |
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abilities. |
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(c) The executive director serves at the pleasure of the |
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governor. |
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Sec. 423.052. GENERAL DUTIES OF EXECUTIVE DIRECTOR. (a) |
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The executive director, under the direction of the governor, shall |
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manage the affairs of the office, including: |
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(1) establishing office policy; |
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(2) implementing legislation that affects the office; |
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(3) reviewing and commenting on the office's budget; |
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(4) conducting investigations and studies, as |
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appropriate; |
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(5) acting as ombudsman for governmental agencies |
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involved in reconstruction following a disaster in this state; and |
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(6) developing long-range plans for the future goals |
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and needs of the office. |
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(b) The executive director may adopt rules as necessary to |
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implement this chapter. |
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Sec. 423.053. STATE RECONSTRUCTION PLAN. The executive |
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director shall examine state and federal programs relating to |
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reconstruction following a disaster, including housing and |
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infrastructure programs, to: |
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(1) identify best practices for reconstruction |
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following a disaster; |
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(2) develop a coordinated state reconstruction plan |
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that implements best practices identified under Subdivision (1); |
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and |
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(3) work with federal, state, and local governmental |
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entities to: |
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(A) resolve infrastructure, capacity, and |
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statutory problems that inhibit the use of reconstruction resources |
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following a disaster; and |
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(B) reduce inhibitive regulations by improving |
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communication and cooperation between those governmental entities. |
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Sec. 423.054. GIFTS, GRANTS, AND DONATIONS. In addition to |
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money appropriated to the office, the executive director may |
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solicit, accept, and receive a gift, grant, donation, or other |
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thing of value from any public or private source for purposes of |
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this chapter. |
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Sec. 423.055. ANNUAL REPORT. The executive director |
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annually shall prepare and submit a report to the governor |
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regarding the office's activities. |
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Sec. 423.056. AGENCY LIAISONS. (a) The heads of each of the |
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following state agencies shall designate an officer or employee of |
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the agency who is a deputy executive director or person of |
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equivalent or higher authority at the agency to serve as the |
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agency's liaison to the office: |
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(1) the Texas Department of Rural Affairs; |
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(2) the Texas Water Development Board; |
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(3) the Texas Commission on Environmental Quality; |
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(4) the Texas Department of Housing and Community |
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Affairs; |
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(5) the Health and Human Services Commission; |
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(6) the Parks and Wildlife Department; |
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(7) the Texas Department of Transportation; |
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(8) the Department of Public Safety of the State of |
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Texas; |
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(9) the office of the secretary of state; |
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(10) the Department of Agriculture; |
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(11) the office of the comptroller; and |
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(12) the Texas Division of Emergency Management. |
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(b) This section does not authorize the creation of a new |
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position at a state agency. |
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(c) An agency liaison shall advise the executive director |
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and make recommendations regarding disaster reconstruction across |
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the different regions of this state. |
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[Sections 423.057-423.100 reserved for expansion] |
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SUBCHAPTER C. TASK FORCE |
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Sec. 423.101. ESTABLISHMENT OF TASK FORCE. (a) The |
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executive director shall appoint a task force composed of the |
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following members: |
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(1) at least one representative from each state |
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agency, represented by an agency liaison under Section 423.056, who |
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is a deputy executive director or person of equivalent or higher |
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authority at the agency; |
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(2) two representatives of organizations that |
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represent the interests of communities that have been impacted by a |
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disaster in the five years prior to the date the appointment is |
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made; |
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(3) two county officials from coastal counties; |
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(4) one member of a council of government that serves |
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predominantly a rural region of this state; |
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(5) one member of a council of government that serves |
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predominantly a metropolitan region of this state; |
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(6) two officials from small municipalities in this |
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state; and |
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(7) two board members of nonprofit or community |
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development organizations in this state. |
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(b) In making appointments, the executive director shall |
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ensure that different geographic regions of this state are fairly |
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represented. |
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(c) The members of the task force serve at the pleasure of |
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the executive director. |
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(d) The executive director shall serve as the presiding |
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officer of the task force. |
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(e) Chapter 2110 does not apply to the task force. |
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Sec. 423.102. DUTIES OF TASK FORCE. The task force shall: |
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(1) advise the executive director and make |
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recommendations regarding reconstruction following a disaster |
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across the different regions of this state; and |
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(2) assist the executive director in developing the |
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state reconstruction plan required by Section 423.053. |
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[Sections 423.103-423.150 reserved for expansion] |
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SUBCHAPTER D. NATURAL DISASTER RECOVERY CONSERVATORSHIP |
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Sec. 423.151. DEFINITION. In this subchapter, "state |
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agency" has the meaning assigned by Section 2104.001. |
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Sec. 423.152. APPOINTMENT OF CONSERVATOR. (a) For the |
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purpose of efficiently and effectively administering state or |
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federal emergency funds in response to a disaster, the governor, |
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with the advice and consent of the senate and in the manner |
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described by Subchapter B, Chapter 2104, may appoint a conservator |
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of a state agency that has been charged by the governor with the |
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administration of state or federal disaster recovery funds at any |
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time during the seven years prior to the appointment of the |
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conservator. |
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(b) The governor may appoint the executive director to serve |
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as a conservator under this subchapter. |
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Sec. 423.153. GENERAL POWERS AND DUTIES OF CONSERVATOR. |
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(a) In addition to the powers of a conservator under Section |
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2104.023, a conservator shall assume the powers and duties of the |
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officers responsible for policy direction of the state agency |
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subject to the conservatorship, to the extent that those powers and |
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duties relate to the administration of emergency funds following a |
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disaster. |
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(b) Subject to Subsection (d), the conservator may direct |
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the use of funds from the disaster contingency account established |
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under Subchapter E and any other available funding sources to |
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reconstruction efforts of the state agency subject to the |
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conservatorship. |
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(c) The conservator may not use more than 20 percent of the |
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total amount of funds available in the disaster contingency account |
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for reconstruction efforts in response to a single declared |
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disaster. |
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(d) The conservator may adopt and enforce rules as necessary |
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to administer the conservatorship for which the conservator is |
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appointed. |
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Sec. 423.154. REPORT BY CONSERVATOR. (a) A conservator |
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shall report to the governor on the conservatorship not later than |
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the 60th day after the date on which the governor appoints the |
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conservator and at the end of each subsequent 60-day period until |
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the conservatorship is dissolved. |
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(b) A report under this section must include: |
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(1) all measures taken to ensure the efficient and |
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effective use of resources directed toward reconstruction in |
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response to the disaster for which the conservator was appointed; |
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and |
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(2) an estimate of the progress the conservator has |
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made in completing reconstruction efforts at the state agency |
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subject to the conservatorship. |
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Sec. 423.155. DURATION OF CONSERVATORSHIP. (a) A |
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conservatorship begins on the date that the governor appoints the |
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conservator. |
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(b) A conservatorship continues in effect until the earlier |
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of: |
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(1) the governor's termination of the state of |
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disaster under Section 418.014; or |
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(2) the conservator's finding that reconstruction |
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efforts following the disaster are completed at the agency subject |
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to the conservatorship. |
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[Sections 423.156-423.200 reserved for expansion] |
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SUBCHAPTER E. DISASTER CONTINGENCY ACCOUNT |
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Sec. 423.201. DISASTER CONTINGENCY ACCOUNT. (a) The |
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disaster contingency account is created in the general revenue |
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fund. |
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(b) The account is composed of: |
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(1) legislative appropriations; |
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(2) gifts, grants, donations, and matching funds |
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received under Section 423.054; and |
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(3) other money required by law to be deposited in the |
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account. |
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(c) Income from the account shall be credited to the |
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account. Sections 403.095 and 404.071 do not apply to the account. |
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(d) The legislature may appropriate money from the disaster |
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contingency account created under Subsection (a) only for purposes |
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authorized under this chapter. |
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SECTION 2. (a) The governor shall appoint the executive |
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director of the disaster reconstruction coordination office as |
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required by Section 423.051, Government Code, as added by this Act, |
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not later than October 1, 2011. |
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(b) Not later than January 1, 2012: |
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(1) the executive director of the disaster |
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reconstruction coordination office shall appoint the members of the |
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task force as required by Section 423.101, Government Code, as |
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added by this Act; and |
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(2) the heads of each of the state agencies listed in |
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Section 423.056, Government Code, as added by this Act, shall |
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designate agency liaisons as required by that section. |
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(c) The executive director of the disaster reconstruction |
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coordination office shall submit the initial report required by |
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Section 423.055, Government Code, as added by this Act, not later |
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than September 1, 2012. |
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SECTION 3. Notwithstanding Section 4 of this Act, the |
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governor may appoint a conservator under Subchapter D, Chapter 423, |
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Government Code, as added by this Act, for purposes of |
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reconstruction related to a natural disaster that occurred on or |
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after September 1, 2004. |
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SECTION 4. This Act takes effect September 1, 2011. |