Bill Text: TX SB1376 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to natural disaster housing recovery.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2015-05-26 - Placed on General State Calendar [SB1376 Detail]
Download: Texas-2015-SB1376-Comm_Sub.html
Bill Title: Relating to natural disaster housing recovery.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2015-05-26 - Placed on General State Calendar [SB1376 Detail]
Download: Texas-2015-SB1376-Comm_Sub.html
By: Lucio | S.B. No. 1376 | |
(In the Senate - Filed March 12, 2015; March 18, 2015, read | ||
first time and referred to Committee on Natural Resources and | ||
Economic Development; April 22, 2015, rereferred to Committee on | ||
Intergovernmental Relations; May 4, 2015, reported adversely, with | ||
favorable Committee Substitute by the following vote: Yeas 6, | ||
Nays 0; May 4, 2015, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1376 | By: Lucio |
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relating to natural 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. NATURAL 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. | ||
(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 | ||
natural 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 natural | ||
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 natural 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 natural 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 natural 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 natural disasters; | ||
(2) identifies sources of post-disaster housing | ||
assistance and recovery funds; | ||
(3) provides procedures for rapidly responding to a | ||
natural 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 | ||
natural disaster recovery assistance for residents; | ||
(C) determining residents' eligibility for | ||
natural 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 natural disaster recovery; | ||
(4) provides procedures to encourage residents to | ||
rebuild outside of the vulnerable areas identified under | ||
Subdivision (1); | ||
(5) provides procedures to maximize the use of local | ||
businesses, contractors, and supplies to rebuild to the extent | ||
possible; | ||
(6) provides procedures to maximize cost efficiency; | ||
(7) provides for the construction of permanent | ||
replacement housing for displaced residents as soon as possible | ||
after the natural disaster, with a goal of completion in not later | ||
than six months; and | ||
(8) 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 | ||
natural disasters; | ||
(2) best practices for achieving rapid and efficient | ||
construction of permanent replacement housing; | ||
(3) federal and state laws and regulations on natural | ||
disaster recovery; | ||
(4) methods for identifying and planning for | ||
vulnerable areas and populations before a natural disaster; and | ||
(5) cost-effective land use and building practices. | ||
(e) The center shall create and maintain mapping and data | ||
resources related to natural 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 natural 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 | ||
natural 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. | ||
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 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) 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 | ||
natural 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. This Act takes effect September 1, 2015. | ||
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