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A BILL TO BE ENTITLED
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AN ACT
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relating to natural disaster housing recovery. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 418, Government Code, is amended by |
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adding Subchapter F-1 to read as follows: |
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SUBCHAPTER F-1. NATURAL DISASTER HOUSING RECOVERY |
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Sec. 418.131. DEFINITIONS. In this subchapter: |
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(1) "Center" means the Hazard Reduction and Recovery |
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Center at Texas A&M University. |
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(2) "Local government" means a county, municipality, |
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or council of government. |
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(3) "Plan" means a local housing recovery plan |
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developed under Section 418.133. |
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Sec. 418.132. DUTIES OF GENERAL LAND OFFICE OR DESIGNATED |
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STATE AGENCY. (a) Unless the governor designates a state agency |
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under Subsection (d), the General Land Office shall receive and |
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administer federal and state funds appropriated for long-term |
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natural disaster recovery. |
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(b) The General Land Office shall: |
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(1) collaborate with the Texas Division of Emergency |
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Management and the Federal Emergency Management Agency to secure |
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reimbursement for housing needs in areas affected by natural |
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disasters; |
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(2) seek prior approval from the Federal Emergency |
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Management Agency and the United States Department of Housing and |
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Urban Development for the immediate post-disaster implementation |
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of local housing recovery plans approved by the governor under |
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Section 418.136; and |
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(3) maintain a division with adequate staffing and |
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other administrative support to carry out the General Land Office's |
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duties relating to long-term natural disaster recovery. |
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(c) The General Land Office may adopt rules as necessary to |
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implement the General Land Office's duties under this subchapter. |
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(d) The governor may designate a state agency to be |
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responsible for long-term natural disaster recovery under this |
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subchapter instead of the General Land Office. If the governor |
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designates a state agency under this subsection, a reference to the |
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General Land Office in this subchapter means the designated state |
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agency. |
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Sec. 418.133. LOCAL HOUSING RECOVERY PLAN. (a) A local |
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government may develop and adopt a local housing recovery plan to |
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provide for the rapid and efficient construction of permanent |
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replacement housing following a natural disaster. |
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(b) In developing the plan, a local government shall seek |
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input from: |
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(1) stakeholders in the community, including |
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residents, local businesses, and community-based organizations; |
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and |
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(2) neighboring local governments. |
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(c) A local government may submit a plan developed and |
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adopted under Subsection (a) to the center for certification. |
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Sec. 418.134. DUTIES OF HAZARD REDUCTION AND RECOVERY |
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CENTER; PLAN CRITERIA AND CERTIFICATION. (a) The center shall |
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review and certify plans submitted to the center by local |
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governments. |
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(b) The center shall establish criteria for certifying a |
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plan. The center may not certify a plan unless the plan: |
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(1) identifies areas in the local government's |
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boundaries that are vulnerable to natural disasters; |
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(2) identifies sources of post-disaster housing |
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assistance and recovery funds; |
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(3) provides procedures for rapidly responding to a |
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natural disaster, including procedures for: |
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(A) assessing and reporting housing damage, |
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disaggregated by insured and uninsured losses, to the governor; |
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(B) providing fair and efficient access to |
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natural disaster recovery assistance for residents; |
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(C) determining residents' eligibility for |
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natural disaster recovery assistance; |
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(D) educating residents about the rebuilding |
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process and providing outreach and case management services; and |
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(E) prequalifying and training local |
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professionals needed for natural disaster recovery; |
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(4) provides procedures to encourage residents to |
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rebuild outside of the vulnerable areas identified under |
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Subdivision (1); |
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(5) provides procedures to maximize the use of local |
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businesses, contractors, and supplies to rebuild to the extent |
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possible; |
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(6) provides procedures to maximize cost efficiency; |
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(7) provides for the construction of permanent |
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replacement housing for displaced residents as soon as possible |
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after the natural disaster, with a goal of completion in not later |
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than six months; and |
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(8) complies with applicable state and federal law. |
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(c) If the center determines that a plan does not meet the |
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criteria prescribed by Subsection (b), the center shall identify |
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the plan's deficiencies and assist the local government in revising |
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the plan to meet the criteria. |
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(d) The center shall provide training to local governments |
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and community-based organizations on developing a plan. A local |
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government that submits a plan to the center for certification |
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under this section shall designate at least one representative to |
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attend the center's training. The training must include |
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information relating to: |
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(1) previous experiences with housing recovery from |
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natural disasters; |
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(2) best practices for achieving rapid and efficient |
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construction of permanent replacement housing; |
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(3) federal and state laws and regulations on natural |
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disaster recovery; |
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(4) methods for identifying and planning for |
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vulnerable areas and populations before a natural disaster; and |
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(5) cost-effective land use and building practices. |
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(e) The center shall create and maintain mapping and data |
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resources related to natural disaster recovery and planning, |
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including the Texas Coastal Communities Planning Atlas. |
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(f) The center shall assist a local government on request in |
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identifying areas that are vulnerable to natural disasters. |
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(g) The center shall provide recommendations to the Texas |
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Department of Insurance regarding the development of policies, |
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procedures, and education programs to enable the quick and |
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efficient reporting and settling of housing claims related to |
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natural disasters. |
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(h) The center may seek and accept gifts, grants, donations, |
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and other funds to assist the center in fulfilling its duties under |
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this section. |
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Sec. 418.135. REVIEW OF LOCAL HOUSING RECOVERY PLAN BY |
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GENERAL LAND OFFICE. (a) The center shall submit to the General |
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Land Office a plan certified by the center under Section 418.134. |
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(b) The General Land Office shall review the plan and |
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consult with the center and the local government about any |
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potential improvements the General Land Office may identify. In |
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reviewing the plan, the General Land Office shall give deference to |
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the local government regarding matters in the local government's |
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discretion. |
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(c) On completion of the review, the General Land Office |
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shall accept the plan unless the General Land Office determines |
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that the plan does not: |
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(1) satisfy the criteria for a certified plan under |
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Section 418.134(b); |
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(2) provide for the rapid and efficient construction |
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of permanent replacement housing; or |
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(3) comply with applicable state and federal law. |
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Sec. 418.136. APPROVAL BY GOVERNOR. (a) The General Land |
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Office shall submit to the governor for approval or rejection a plan |
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that the General Land Office accepts under Section 418.135. |
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(b) If the governor rejects a plan, the governor must |
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provide a written explanation of the reasons for the rejection. |
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(c) A local government, in consultation with the center and |
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the General Land Office, may revise a plan rejected by the governor |
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under this section and resubmit the plan to the governor for |
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approval. |
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Sec. 418.137. EFFECT OF APPROVAL. (a) A plan approved by |
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the governor under Section 418.136 is valid for four years and may |
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be implemented during that period without further approval if a |
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natural disaster occurs. |
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(b) In accordance with rules adopted by the General Land |
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Office, on or before expiration, the plan may be reviewed by the |
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center and the General Land Office, updated if necessary, and |
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resubmitted to the governor for approval or rejection. |
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SECTION 2. This Act takes effect only if a specific |
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appropriation for the implementation of the Act is provided in a |
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general appropriations act of the 85th Legislature. |
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SECTION 3. This Act takes effect September 1, 2017. |
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