82R10540 SJM-D

By: Hamilton H.B. No. 3705

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the disaster reconstruction coordination office within the governor's office; creating the disaster contingency account.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 4, Government Code, is amended by adding Chapter 423 to read as follows:

CHAPTER 423. DISASTER RECONSTRUCTION COORDINATION OFFICE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 423.001. DEFINITIONS. In this chapter:

(1) "Conservator" means a conservator appointed under Subchapter D.

(2) "Disaster" has the meaning assigned by Section 418.004.

(3) "Executive director" means the executive director of the office.

(4) "Office" means the disaster reconstruction coordination office established under this chapter.

Sec. 423.002. DISASTER RECONSTRUCTION COORDINATION OFFICE. The disaster reconstruction coordination office is an office within the office of the governor.

Sec. 423.003. SUNSET PROVISION. The disaster reconstruction coordination office is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2021.

[Sections 423.004-423.050 reserved for expansion]

SUBCHAPTER B. ADMINISTRATION

Sec. 423.051. EXECUTIVE DIRECTOR. (a) The governor shall appoint an executive director of the office.

(b) The executive director must have:

(1) experience in the administration of a state or federal program; and

(2) demonstrated executive and organizational abilities.

(c) The executive director serves at the pleasure of the governor.

Sec. 423.052. GENERAL DUTIES OF EXECUTIVE DIRECTOR. (a) The executive director, under the direction of the governor, shall manage the affairs of the office, including:

(1) establishing office policy;

(2) implementing legislation that affects the office;

(3) reviewing and commenting on the office's budget;

(4) conducting investigations and studies, as appropriate;

(5) acting as ombudsman for governmental agencies involved in reconstruction following a disaster in this state; and

(6) developing long-range plans for the future goals and needs of the office.

(b) The executive director may adopt rules as necessary to implement this chapter.

Sec. 423.053. STATE RECONSTRUCTION PLAN. The executive director shall examine state and federal programs relating to reconstruction following a disaster, including housing and infrastructure programs, to:

(1) identify best practices for reconstruction following a disaster;

(2) develop a coordinated state reconstruction plan that implements best practices identified under Subdivision (1); and

(3) work with federal, state, and local governmental entities to:

(A) resolve infrastructure, capacity, and statutory problems that inhibit the use of reconstruction resources following a disaster; and

(B) reduce inhibitive regulations by improving communication and cooperation between those governmental entities.

Sec. 423.054. GIFTS, GRANTS, AND DONATIONS. In addition to money appropriated to the office, the executive director may solicit, accept, and receive a gift, grant, donation, or other thing of value from any public or private source for purposes of this chapter.

Sec. 423.055. ANNUAL REPORT. The executive director annually shall prepare and submit a report to the governor regarding the office's activities.

Sec. 423.056. AGENCY LIAISONS. (a) The heads of each of the following state agencies shall designate an officer or employee of the agency who is a deputy executive director or person of equivalent or higher authority at the agency to serve as the agency's liaison to the office:

(1) the Texas Department of Rural Affairs;

(2) the Texas Water Development Board;

(3) the Texas Commission on Environmental Quality;

(4) the Texas Department of Housing and Community Affairs;

(5) the Health and Human Services Commission;

(6) the Parks and Wildlife Department;

(7) the Texas Department of Transportation;

(8) the Department of Public Safety of the State of Texas;

(9) the office of the secretary of state;

(10) the Department of Agriculture;

(11) the office of the comptroller; and

(12) the Texas Division of Emergency Management.

(b) This section does not authorize the creation of a new position at a state agency.

(c) An agency liaison shall advise the executive director and make recommendations regarding disaster reconstruction across the different regions of this state.

[Sections 423.057-423.100 reserved for expansion]

SUBCHAPTER C. TASK FORCE

Sec. 423.101. ESTABLISHMENT OF TASK FORCE. (a) The executive director shall appoint a task force composed of the following members:

(1) at least one representative from each state agency, represented by an agency liaison under Section 423.056, who is a deputy executive director or person of equivalent or higher authority at the agency;

(2) two representatives of organizations that represent the interests of communities that have been impacted by a disaster in the five years prior to the date the appointment is made;

(3) two county officials from coastal counties;

(4) one member of a council of government that serves predominantly a rural region of this state;

(5) one member of a council of government that serves predominantly a metropolitan region of this state;

(6) two officials from small municipalities in this state; and

(7) two board members of nonprofit or community development organizations in this state.

(b) In making appointments, the executive director shall ensure that different geographic regions of this state are fairly represented.

(c) The members of the task force serve at the pleasure of the executive director.

(d) The executive director shall serve as the presiding officer of the task force.

(e) Chapter 2110 does not apply to the task force.

Sec. 423.102. DUTIES OF TASK FORCE. The task force shall:

(1) advise the executive director and make recommendations regarding reconstruction following a disaster across the different regions of this state; and

(2) assist the executive director in developing the state reconstruction plan required by Section 423.053.

[Sections 423.103-423.150 reserved for expansion]

SUBCHAPTER D. NATURAL DISASTER RECOVERY CONSERVATORSHIP

Sec. 423.151. DEFINITION. In this subchapter, "state agency" has the meaning assigned by Section 2104.001.

Sec. 423.152. APPOINTMENT OF CONSERVATOR. (a) For the purpose of efficiently and effectively administering state or federal emergency funds in response to a disaster, the governor, with the advice and consent of the senate and in the manner described by Subchapter B, Chapter 2104, may appoint a conservator of a state agency that has been charged by the governor with the administration of state or federal disaster recovery funds at any time during the seven years prior to the appointment of the conservator.

(b) The governor may appoint the executive director to serve as a conservator under this subchapter.

Sec. 423.153. GENERAL POWERS AND DUTIES OF CONSERVATOR. (a) In addition to the powers of a conservator under Section 2104.023, a conservator shall assume the powers and duties of the officers responsible for policy direction of the state agency subject to the conservatorship, to the extent that those powers and duties relate to the administration of emergency funds following a disaster.

(b) Subject to Subsection (d), the conservator may direct the use of funds from the disaster contingency account established under Subchapter E and any other available funding sources to reconstruction efforts of the state agency subject to the conservatorship.

(c) The conservator may not use more than 20 percent of the total amount of funds available in the disaster contingency account for reconstruction efforts in response to a single declared disaster.

(d) The conservator may adopt and enforce rules as necessary to administer the conservatorship for which the conservator is appointed.

Sec. 423.154. REPORT BY CONSERVATOR. (a) A conservator shall report to the governor on the conservatorship not later than the 60th day after the date on which the governor appoints the conservator and at the end of each subsequent 60-day period until the conservatorship is dissolved.

(b) A report under this section must include:

(1) all measures taken to ensure the efficient and effective use of resources directed toward reconstruction in response to the disaster for which the conservator was appointed; and

(2) an estimate of the progress the conservator has made in completing reconstruction efforts at the state agency subject to the conservatorship.

Sec. 423.155. DURATION OF CONSERVATORSHIP. (a) A conservatorship begins on the date that the governor appoints the conservator.

(b) A conservatorship continues in effect until the earlier of:

(1) the governor's termination of the state of disaster under Section 418.014; or

(2) the conservator's finding that reconstruction efforts following the disaster are completed at the agency subject to the conservatorship.

[Sections 423.156-423.200 reserved for expansion]

SUBCHAPTER E. DISASTER CONTINGENCY ACCOUNT

Sec. 423.201. DISASTER CONTINGENCY ACCOUNT. (a) The disaster contingency account is created in the general revenue fund.

(b) The account is composed of:

(1) legislative appropriations;

(2) gifts, grants, donations, and matching funds received under Section 423.054; and

(3) other money required by law to be deposited in the account.

(c) Income from the account shall be credited to the account. Sections 403.095 and 404.071 do not apply to the account.

(d) The legislature may appropriate money from the disaster contingency account created under Subsection (a) only for purposes authorized under this chapter.

SECTION 2. (a) The governor shall appoint the executive director of the disaster reconstruction coordination office as required by Section 423.051, Government Code, as added by this Act, not later than October 1, 2011.

(b) Not later than January 1, 2012:

(1) the executive director of the disaster reconstruction coordination office shall appoint the members of the task force as required by Section 423.101, Government Code, as added by this Act; and

(2) the heads of each of the state agencies listed in Section 423.056, Government Code, as added by this Act, shall designate agency liaisons as required by that section.

(c) The executive director of the disaster reconstruction coordination office shall submit the initial report required by Section 423.055, Government Code, as added by this Act, not later than September 1, 2012.

SECTION 3. Notwithstanding Section 4 of this Act, the governor may appoint a conservator under Subchapter D, Chapter 423, Government Code, as added by this Act, for purposes of reconstruction related to a natural disaster that occurred on or after September 1, 2004.

SECTION 4. This Act takes effect September 1, 2011.