disaster recovery

Because of the active role played by faith communities during disaster situations, Texas Impact has been following disaster-related legislation throughout the 81st Legislative Session. And with the major weather events that have tested Texas over the last few years, disaster issues were clearly a priority as legislators debated a host of new policies that they hope will leave Texas better prepared to deal with future storms, floods, fires, and whatever else comes our way. Two of the first three bills to make it to Governor Perry's desk this session were related to disasters, and the Legislature can be proud of its passage of a significant amount of quality legislation. See below for a full wrap-up of disaster-related bills during this session.

Passed Bills: The 81st Legislative Session produced a number of big ticket items related to disaster preparation, response, and recovery.  HB 4586, the supplemental appropriations bill, contained up to $100 million to finally fund the state's Disaster Contingency Fund.  Also scattered through that bill and others were appropriations totaling hundreds of millions of dollars meant to help state agencies and universities recover from damages and expenditures related to recent disasters.  The Legislature also reached a compromise on the rates and policies of TWIA, the Texas Windstorm Insurance Association, so the entity could continue operating.  That measure was rolled into the other bill that became an omnibus disaster and emergency mangement bill, HB 4409. Representative Craig Eiland of Galveston deserves special recognition for his work on both the supplemental appropriations and TWIA measures.

Legislators were successful in addressing some smaller issues that will be important before, during, and after disasters strike.  SB 75 by Senator Jane Nelson instructs the Department of State Health Services to initiate a public education campaign, which could be an integral step in mitigating the negative impact severe weather has on Texans.  The bill passed when it was tacked onto HB 1831, which became an omnibus disaster and emergency management bill in the messy final days of the session.  Among its many provisions, that bill included the creation of a communications coordination group that will direct the  interaction of official entities on the state and local level.  HB 2558 by Representative Sylvester Turner will also help Texans be prepared, as it will require nursing homes and other community support agencies to help clients get registered with 2-1-1 disaster assistance.

Once a disaster strikes, local governments will be aided by the provisions in HB 1998 by Representative Brian McCall, which allows the Governor to help local governments provide emergency shelter just as he can already do with temporary housing after a disaster. The operations and obligations of electric and water utilities after disasters are addressed by SB 681 and SB 361 by Senators Ogden and Patrick.

Finally, Legislators got creative and found ways to attach some endangered bills to other vehicles in the final days of the session.  A bill that allows homeowners to use alternate documentation—such as utility bills and sworn affidavits—to prove they own the homes for which they are seeking aid for repairs now also includes the provisions of SB 2292,which creates a natural disaster housing reconstruction advisory committee comprised of public officials and private experts.  The bill also mandates a pilot program to be implemented in order to assess the feasibility of the advisory committee's recommendations.

Missed Opportunities: Not every good bill that was filed will become law, of course.  Bills to regulate disaster remediation contractors, institute sales tax holidays for disaster preparation materials, and require insurers to cover damage caused by storm surges all failed to pass.

One of the most exciting bills of the session failed to pass on its own and was subsequently stripped from another bill onto which it had been amended as a last ditch effort to gain passage.  HB 2827, sponsored by Representative Turner and Senator Rodney Ellis, would have instructed the Texas Department of Housing and Community Affairs to create an emergency housing and disaster recovery division that would have devised rapid response measures and developed long-term plans for restoring people to permanent housing.  The division would also have worked to provide financial counseling, increased supply of rental housing, and opportunities for collaboration with nonprofit organizations and the public.

Overall, the Texas Legislature has clearly decided that disaster preparation and recovery are serious issues.  There will need to be continued improvements in the areas of long-term mitigation and preparation in future sessions, but legislators made significant strides in 2009.