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Texas Laws | Government Code
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH

(c) The governor may recommend to the federal government, based on the governor's review, the cancellation of all or part of repayment if in the first three full fiscal years following the major disaster the revenues of the local government are insufficient to meet its operating expenses, including additional disaster-related expenses of a municipal operation character. (31195)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (31196)

Sec. 418.022. AID FOR INDIVIDUALS. (31197)(Text)

(a) On the governor's determination that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot be otherwise adequately met from other means of assistance, the governor may accept a grant by the federal government to fund the financial assistance, subject to the terms and conditions imposed on the grant. The governor may agree with the federal government or any officer or agency of the United States pledging the state to participate in funding not more than 25 percent of the financial assistance. (31198)

(b) The governor may make financial grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot otherwise adequately be met from other means of assistance. The grants may not exceed an aggregate amount in excess of that established by federal statute for an individual or family in any single major disaster declared by the president of the United States. (31199)

(c) The governor may designate in the state emergency management plan the Department of Human Services or another state agency to carry out the functions of providing financial aid to individuals or families qualified for disaster relief. The designated agency may employ temporary personnel for those functions to be paid from funds appropriated to the agency, from federal funds, or from the disaster contingency fund. The merit system does not apply to the temporary positions. The governor may allocate funds appropriated under this chapter to implement the purposes of this chapter. (31200)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (31201)

Sec. 418.023. CLEARANCE OF DEBRIS. (31202)(Text)

(a) Through the use of any state agency or instrumentality, the governor, acting through members of the Emergency Management Council, may clear or remove debris or wreckage from public or private land or water if it threatens public health or safety or public or private property in a state of disaster declared by the governor or major disaster declared by the president of the United States. (31203)

(b) The governor may accept funds from the federal government and use the funds to make grants to a local government for the purpose of removing debris or wreckage from public or private land or water. (31204)

(c) Debris or wreckage may not be removed from public or private property until the affected local government, corporation, organization, or individual presents to the governor or member of the Emergency Management Council an unconditional authorization for removal. Debris or wreckage may not be removed from private property until the state is indemnified against any claim arising from removal. In instances where it is not practical and further delay would create a greater risk to public health or safety, the governor, acting through the Emergency Management Council, may remove debris or wreckage from public or private property without an unconditional authorization or indemnification. (31205)

(d) If the governor provides for clearance of debris or wreckage under this chapter, state employees or other individuals acting by authority of the governor may enter on private land or water to perform tasks necessary to the removal or clearance operation. Except in cases of wilful misconduct, gross negligence, or bad faith, a state employee or agent performing his duties while complying with orders of the governor issued under this chapter is not liable for the death of or injury to a person or for damage to property. (31206)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 992, Sec. 4, eff. Sept. 1, 1997. (31207)

Sec. 418.024. RULES. (31208)(Text)

The governor may adopt rules necessary for carrying out the purposes of this chapter, including rules on: (31209)

(1) standards of eligibility for persons applying for benefits; (31210)

(2) procedures for applying for benefits; (31211)

(3) procedures for the administration, investigation, filing, and approval of applications for benefits; (31212)

(4) procedures for the formation of local or statewide boards to pass on applications for benefits; and (31213)

(5) procedures for appeals of decisions relating to applications for benefits. (31214)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (31215)

Sec. 418.025. LIMITED PURPOSE DECLARATION. (31216)(Text)

(a) If the governor determines that a disaster can be adequately addressed without invoking all the powers and duties provided by this subchapter, the governor may, by proclamation or executive order, issue a limited purpose disaster declaration invoking only the authority provided by Sections 418.016(a) and (e). (31217)

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