Bill Text: TX SB289 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to disaster recovery.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB289 Detail]
Download: Texas-2019-SB289-Comm_Sub.html
Bill Title: Relating to disaster recovery.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB289 Detail]
Download: Texas-2019-SB289-Comm_Sub.html
By: Lucio | S.B. No. 289 | |
(In the Senate - Filed January 3, 2019; February 7, 2019, | ||
read first time and referred to Committee on Intergovernmental | ||
Relations; April 1, 2019, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 7, Nays 0; | ||
April 1, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 289 | By: Schwertner |
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relating to disaster housing recovery. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 418, Government Code, is amended by | ||
adding Subchapter F-1 to read as follows: | ||
SUBCHAPTER F-1. DISASTER HOUSING RECOVERY | ||
Sec. 418.131. DEFINITIONS. In this subchapter: | ||
(1) "Center" means the Hazard Reduction and Recovery | ||
Center at Texas A&M University. | ||
(2) "Local government" means a county, municipality, | ||
or council of government that has jurisdiction in a first tier | ||
coastal county, as defined by Section 2210.003, Insurance Code. | ||
(3) "Plan" means a local housing recovery plan | ||
developed under Section 418.133. | ||
Sec. 418.132. DUTIES OF GENERAL LAND OFFICE OR DESIGNATED | ||
STATE AGENCY. (a) Unless the governor designates a state agency | ||
under Subsection (d), the General Land Office shall receive and | ||
administer federal and state funds appropriated for long-term | ||
disaster recovery. | ||
(b) The General Land Office shall: | ||
(1) collaborate with the Texas Division of Emergency | ||
Management and the Federal Emergency Management Agency to secure | ||
reimbursement for housing needs in areas affected by disasters; | ||
(2) seek prior approval from the Federal Emergency | ||
Management Agency and the United States Department of Housing and | ||
Urban Development for the immediate post-disaster implementation | ||
of local housing recovery plans approved by the governor under | ||
Section 418.136; and | ||
(3) maintain a division with adequate staffing and | ||
other administrative support to carry out the General Land Office's | ||
duties relating to long-term disaster recovery. | ||
(c) The General Land Office may adopt rules as necessary to | ||
implement the General Land Office's duties under this subchapter. | ||
(d) The governor may designate a state agency to be | ||
responsible for long-term disaster recovery under this subchapter | ||
instead of the General Land Office. If the governor designates a | ||
state agency under this subsection, a reference to the General Land | ||
Office in this subchapter means the designated state agency. | ||
Sec. 418.133. LOCAL HOUSING RECOVERY PLAN. (a) A local | ||
government may develop and adopt a local housing recovery plan to | ||
provide for the rapid and efficient construction of permanent | ||
replacement housing following a disaster. | ||
(b) In developing the plan, a local government shall seek | ||
input from: | ||
(1) stakeholders in the community, including | ||
residents, local businesses, and community-based organizations; | ||
and | ||
(2) neighboring local governments. | ||
(c) A local government may submit a plan developed and | ||
adopted under Subsection (a) to the center for certification. | ||
Sec. 418.134. DUTIES OF HAZARD REDUCTION AND RECOVERY | ||
CENTER; PLAN CRITERIA AND CERTIFICATION. (a) The center shall | ||
review and certify plans submitted to the center by local | ||
governments. | ||
(b) The center shall establish criteria for certifying a | ||
plan. The center may not certify a plan unless the plan: | ||
(1) identifies areas in the local government's | ||
boundaries that are vulnerable to disasters; | ||
(2) identifies sources of post-disaster housing | ||
assistance and recovery funds; | ||
(3) provides procedures for rapidly responding to a | ||
disaster, including procedures for: | ||
(A) assessing and reporting housing damage, | ||
disaggregated by insured and uninsured losses, to the governor; | ||
(B) providing fair and efficient access to | ||
disaster recovery assistance for residents; | ||
(C) determining residents' eligibility for | ||
disaster recovery assistance; | ||
(D) educating residents about the rebuilding | ||
process and providing outreach and case management services; and | ||
(E) prequalifying and training local | ||
professionals needed for disaster recovery; | ||
(4) allows for the temporary waiver or modification of | ||
an existing local code, ordinance, or regulation on an emergency | ||
basis that may apply in the event of a disaster declaration in order | ||
to expedite the process of providing temporary housing or | ||
rebuilding residential structures for persons displaced by a | ||
disaster; | ||
(5) provides procedures to encourage residents to | ||
rebuild outside of the vulnerable areas identified under | ||
Subdivision (1); | ||
(6) provides procedures to maximize the use of local | ||
businesses, contractors, and supplies to rebuild to the extent | ||
possible; | ||
(7) provides procedures to maximize cost efficiency; | ||
(8) provides for the provision of: | ||
(A) temporary housing to displaced residents as | ||
soon as possible after the disaster, with a goal of providing the | ||
housing within six months following the disaster; and | ||
(B) permanent replacement housing to displaced | ||
residents as soon as possible after the disaster, with a goal of | ||
providing the housing within three years following the disaster; | ||
(9) specifies whether the local government that | ||
submitted the plan or the General Land Office, as determined by the | ||
General Land Office, will administer disaster rebuilding | ||
activities under the plan; | ||
(10) provides a procedure through which the local | ||
government that submits the plan is required to, between every four | ||
to seven years: | ||
(A) review the plan to ensure continued local | ||
community support; | ||
(B) provide the center with, as necessary, | ||
revisions to the plan based on the review conducted under Paragraph | ||
(A); and | ||
(C) provide the center with a resolution or | ||
proclamation adopted by the local government that certifies | ||
continued local community support for the plan; and | ||
(11) complies with applicable state and federal law. | ||
(c) If the center determines that a plan does not meet the | ||
criteria prescribed by Subsection (b), the center shall identify | ||
the plan's deficiencies and assist the local government in revising | ||
the plan to meet the criteria. | ||
(d) The center shall provide training to local governments | ||
and community-based organizations on developing a plan. A local | ||
government that submits a plan to the center for certification | ||
under this section shall designate at least one representative to | ||
attend the center's training. The training must include | ||
information relating to: | ||
(1) previous experiences with housing recovery from | ||
disasters; | ||
(2) best practices for achieving rapid and efficient | ||
construction of permanent replacement housing; | ||
(3) federal and state laws and regulations on disaster | ||
recovery; | ||
(4) methods for identifying and planning for | ||
vulnerable areas and populations before a disaster; and | ||
(5) cost-effective land use and building practices. | ||
(e) The center shall create and maintain mapping and data | ||
resources related to disaster recovery and planning, including the | ||
Texas Coastal Communities Planning Atlas. | ||
(f) The center shall assist a local government on request in | ||
identifying areas that are vulnerable to disasters. | ||
(g) The center shall provide recommendations to the Texas | ||
Department of Insurance regarding the development of policies, | ||
procedures, and education programs to enable the quick and | ||
efficient reporting and settling of housing claims related to | ||
disasters. | ||
(h) The center may seek and accept gifts, grants, donations, | ||
and other funds to assist the center in fulfilling its duties under | ||
this section. | ||
Sec. 418.135. REVIEW OF LOCAL HOUSING RECOVERY PLAN BY | ||
GENERAL LAND OFFICE. (a) The center shall submit to the General | ||
Land Office a plan certified by the center under Section 418.134. | ||
(b) The General Land Office shall review the plan and | ||
consult with the center and the local government about any | ||
potential improvements the General Land Office may identify. In | ||
reviewing the plan, the General Land Office shall give deference to | ||
the local government regarding matters in the local government's | ||
discretion. | ||
(c) On completion of the review, the General Land Office | ||
shall accept the plan unless the General Land Office determines | ||
that the plan does not: | ||
(1) satisfy the criteria for a certified plan under | ||
Section 418.134(b); | ||
(2) provide for the rapid and efficient construction | ||
of permanent replacement housing; or | ||
(3) comply with applicable state and federal law. | ||
(d) If the General Land Office does not accept a plan under | ||
this section, the General Land Office may require the local | ||
government to revise and resubmit the plan. | ||
(e) At any point after the General Land Office accepts a | ||
plan under this section, the General Land Office may withdraw | ||
acceptance of the plan and require the plan to be revised and | ||
resubmitted for acceptance under this section and approval or | ||
rejection by the governor under Section 418.136. | ||
(f) The General Land Office may limit the number of plans it | ||
reviews annually under this section. | ||
Sec. 418.136. APPROVAL BY GOVERNOR. (a) The General Land | ||
Office shall submit to the governor for approval or rejection a plan | ||
that the General Land Office accepts under Section 418.135. | ||
(b) If the governor rejects a plan, the governor must | ||
provide to the General Land Office a written explanation of the | ||
reasons for the rejection. | ||
(c) A local government, in consultation with the center and | ||
the General Land Office, may revise a plan rejected by the governor | ||
under this section and resubmit the plan to the governor for | ||
approval. | ||
Sec. 418.137. EFFECT OF APPROVAL. (a) Subject to Section | ||
418.135(e), a plan approved by the governor under Section 418.136 | ||
is valid for four years and may be implemented during that period | ||
without further approval if a disaster occurs. | ||
(b) In accordance with rules adopted by the General Land | ||
Office, on or before expiration, the plan may be reviewed by the | ||
center and the General Land Office, updated if necessary, and | ||
resubmitted to the governor for approval or rejection. | ||
SECTION 2. Not later than January 1, 2021, the General Land | ||
Office and the Hazard Reduction and Recovery Center at Texas A&M | ||
University shall prepare and submit to the legislature a written | ||
report that: | ||
(1) summarizes the success of the planning process | ||
under Subchapter F-1, Chapter 418, Government Code, as added by | ||
this Act; and | ||
(2) recommends any statutory or legislative changes | ||
necessary to improve the planning process, including whether to | ||
expand the number of local governments eligible to participate in | ||
the planning process. | ||
SECTION 3. The General Land Office or another state agency | ||
designated by the governor under Section 418.132, Government Code, | ||
as added by this Act, is required to implement a provision of this | ||
Act only if the legislature appropriates money specifically for | ||
that purpose. If the legislature does not appropriate money | ||
specifically for that purpose, the General Land Office or other | ||
state agency may, but is not required to, implement the provision | ||
using other appropriations available for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
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