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A BILL TO BE ENTITLED
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AN ACT
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relating to 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. 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 that has jurisdiction in a first tier |
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coastal county, as defined by Section 2210.003, Insurance Code. |
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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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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 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 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 disaster recovery under this subchapter |
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instead of the General Land Office. If the governor designates a |
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state agency under this subsection, a reference to the General Land |
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Office in this subchapter means the designated state 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 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 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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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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disaster recovery assistance for residents; |
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(C) determining residents' eligibility for |
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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 disaster recovery; |
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(4) allows for the temporary waiver or modification of |
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an existing local code, ordinance, or regulation on an emergency |
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basis that may apply in the event of a disaster declaration in order |
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to expedite the process of providing temporary housing or |
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rebuilding residential structures for persons displaced by a |
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disaster; |
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(5) 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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(6) 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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(7) provides procedures to maximize cost efficiency; |
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(8) provides for the provision of: |
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(A) temporary housing to displaced residents as |
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soon as possible after the disaster, with a goal of providing the |
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housing within six months following the disaster; and |
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(B) permanent replacement housing to displaced |
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residents as soon as possible after the disaster, with a goal of |
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providing the housing within three years following the disaster; |
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(9) specifies whether the local government that |
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submitted the plan or the General Land Office, as determined by the |
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General Land Office, will administer disaster rebuilding |
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activities under the plan; |
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(10) provides a procedure through which the local |
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government that submits the plan is required to, between every four |
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to seven years: |
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(A) review the plan to ensure continued local |
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community support; |
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(B) provide the center with, as necessary, |
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revisions to the plan based on the review conducted under Paragraph |
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(A); and |
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(C) provide the center with a resolution or |
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proclamation adopted by the local government that certifies |
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continued local community support for the plan; and |
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(11) 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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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 disaster |
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recovery; |
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(4) methods for identifying and planning for |
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vulnerable areas and populations before a 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 disaster recovery and planning, including the |
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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 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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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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(d) If the General Land Office does not accept a plan under |
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this section, the General Land Office may require the local |
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government to revise and resubmit the plan. |
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(e) At any point after the General Land Office accepts a |
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plan under this section, the General Land Office may withdraw |
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acceptance of the plan and require the plan to be revised and |
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resubmitted for acceptance under this section and approval or |
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rejection by the governor under Section 418.136. |
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(f) The General Land Office may limit the number of plans it |
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reviews annually under this section. |
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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 to the General Land Office a written explanation of the |
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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) Subject to Section |
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418.135(e), a plan approved by the governor under Section 418.136 |
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is valid for four years and may be implemented during that period |
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without further approval if a 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. Not later than January 1, 2021, the General Land |
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Office and the Hazard Reduction and Recovery Center at Texas A&M |
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University shall prepare and submit to the legislature a written |
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report that: |
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(1) summarizes the success of the planning process |
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under Subchapter F-1, Chapter 418, Government Code, as added by |
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this Act; and |
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(2) recommends any statutory or legislative changes |
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necessary to improve the planning process, including whether to |
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expand the number of local governments eligible to participate in |
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the planning process. |
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SECTION 3. The General Land Office or another state agency |
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designated by the governor under Section 418.132, Government Code, |
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as added by this Act, is required to implement a provision of this |
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Act only if the legislature appropriates money specifically for |
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that purpose. If the legislature does not appropriate money |
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specifically for that purpose, the General Land Office or other |
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state agency may, but is not required to, implement the provision |
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using other appropriations available for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |
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