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A BILL TO BE ENTITLED
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AN ACT
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relating to establishment of the disaster recovery fund. |
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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 M to read as follows: |
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SUBCHAPTER M. DISASTER RECOVERY FUND |
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Sec. 418.451. FINDINGS AND PURPOSE. (a) The legislature |
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finds that natural disasters frequently result in injury to |
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residents of this state and cause property damage and financial |
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loss. |
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(b) The purpose of this subchapter is to provide |
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compensation to residents of this state who are victims of a natural |
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disaster when federal disaster relief does not adequately address |
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the losses suffered by those residents. |
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Sec. 418.452. DEFINITIONS. In this subchapter: |
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(1) "Claimant" means: |
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(A) an individual who is a resident of this state |
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who suffers direct personal injury, financial loss, or property |
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damage or loss as a result of a qualifying weather event; or |
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(B) a person who legally assumes the obligation |
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to pay or who voluntarily pays expenses related to the recovery of |
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an individual described by Paragraph (A). |
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(2) "Fund" means the disaster recovery fund |
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established under Section 418.453. |
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(3) "Qualifying weather event" means a natural |
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disaster caused by severe weather conditions, including floods, |
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hurricanes, fires, tornadoes, wind, hail, lightning, extreme heat, |
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ice, or snow, that results in a declaration of a state of emergency |
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or disaster in this state by the governor or a federal authority. |
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Sec. 418.453. DISASTER RECOVERY FUND. (a) The disaster |
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recovery fund is established as a special fund in the state treasury |
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to be administered by the division. |
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(b) The fund consists of: |
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(1) money appropriated by the legislature for deposit |
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or transfer to the credit of the fund; |
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(2) grants or other money received from the federal |
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government that may be used for a purpose of the fund; |
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(3) donations, gifts, or grants received by the |
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division that may be used for a purpose of the fund; |
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(4) revenue from assessments or surcharges deposited |
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to the credit of the fund as directed by the legislature; and |
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(5) interest earned on the money in the fund. |
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(c) Money in the fund may be appropriated to the division |
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only to provide compensation for a purpose described by Section |
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418.455 to an eligible claimant. |
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Sec. 418.454. ELIGIBILITY. A claimant is eligible for |
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compensation paid from the fund if the claimant submits an |
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application to the division for a type of compensation authorized |
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under Section 418.455 not later than the second anniversary of the |
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date of the qualifying weather event that forms the basis of the |
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claim. |
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Sec. 418.455. COMPENSATION. (a) The division may, using |
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money in the fund appropriated for that purpose, pay compensation |
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to an eligible claimant for any of the following expenses incurred |
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as a result of a qualifying weather event: |
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(1) repair or replacement of property; |
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(2) medical expenses related to injuries sustained by |
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the claimant; |
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(3) temporary housing or relocation costs; |
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(4) lost wages due to displacement or injury; or |
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(5) other reasonable expenses directly related to |
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recovery from the qualifying weather event. |
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(b) The division may not pay compensation to a claimant who |
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would otherwise be eligible for the compensation if: |
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(1) the claimant knowingly or intentionally |
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contributed to the injury or loss that forms the basis of the claim; |
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or |
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(2) the claimant has been or will be fully reimbursed |
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for the injury or loss by insurance or another federal or state |
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assistance program. |
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(c) The division may establish maximum compensation limits |
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for each category of compensation authorized by this section. |
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Sec. 418.456. APPLICATION. (a) A claimant must submit an |
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application to the division in the form and manner prescribed by the |
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division. |
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(b) The application must include at least the following |
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information: |
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(1) proof of the claimant's residency; |
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(2) documentation of losses or expenses that are the |
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subject of the application; and |
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(3) evidence that the loss or injury is the direct |
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result of a qualifying weather event. |
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Sec. 418.457. PAYMENT OF CLAIM; LIMITATIONS. (a) The |
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division shall approve or deny a claim not later than the 60th day |
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after the date the division receives a completed application from a |
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claimant. |
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(b) The division is not required to pay a claim if |
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sufficient money is not appropriated by the legislature to pay the |
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claim. |
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(c) The division may prioritize the payment of certain |
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claims based on demonstrated need and the severity of the effects of |
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the qualifying weather event. |
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Sec. 418.458. RULES. The division may adopt rules as |
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necessary for carrying out the purposes of this subchapter. |
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SECTION 2. This Act takes effect January 1, 2026. |