89th Legislature 2nd Special Session

SB 5

Overall Vote Recommendation
Neutral
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 5 appropriates a total of $294 million from the Economic Stabilization Fund (Rainy Day Fund) to the Trusteed Programs within the Office of the Governor for disaster response, relief, preparedness, and recovery efforts across the state. The appropriations are allocated for four primary purposes: matching federal disaster funds, supporting local flood preparedness infrastructure, enhancing weather forecasting capabilities, and training emergency response personnel.

Specifically, the bill designates $200 million to match federal FEMA funding and to support disaster recovery efforts consistent with appropriations strategies in the General Appropriations Acts of 2023 and 2025. It also provides $50 million in grant funding to assist counties affected by the July 4, 2025, flooding disaster in establishing flood warning sirens, gauges, and other protective infrastructure. An additional $24 million is allocated to improve atmospheric measurement tools and flood forecasting models, with the goal of enhancing statewide disaster preparedness. Finally, $20 million is granted to the Harris-Fort Bend Emergency Services District No. 100 to fund the construction and operation of a swift water training facility for first responders.

The bill affirms that all statutory limitations, reporting requirements, and fund transfer provisions applicable to general appropriations also govern these supplemental appropriations.
Author
Joan Huffman
Paul Bettencourt
Cesar Blanco
Donna Campbell
Brandon Creighton
Peter Flores
Bob Hall
Juan Hinojosa
Bryan Hughes
Phil King
Lois Kolkhorst
Jose Menendez
Mayes Middleton
Tan Parker
Angela Paxton
Charles Perry
Charles Schwertner
Royce West
Judith Zaffirini
Co-Author
Carol Alvarado
Brian Birdwell
Brent Hagenbuch
Adam Hinojosa
Sponsor
Greg Bonnen
Co-Sponsor
Daniel Alders
Alma Allen
Rafael Anchia
Trent Ashby
Jeffrey Barry
Cecil Bell, Jr.
Keith Bell
Diego Bernal
Salman Bhojani
Bradley Buckley
Ben Bumgarner
Angie Chen Button
Terry Canales
Giovanni Capriglione
Sheryl Cole
David Cook
Tom Craddick
Charles Cunningham
Pat Curry
Drew Darby
Jay Dean
Mano DeAyala
Paul Dyson
Maria Flores
Erin Gamez
Cassandra Garcia Hernandez
Linda Garcia
Stan Gerdes
Mary Gonzalez
Vikki Goodwin
Ryan Guillen
Sam Harless
Cody Harris
Caroline Harris Davila
Richard Hayes
Ana Hernandez
Hillary Hickland
Janis Holt
Donna Howard
Lacey Hull
Ann Johnson
Venton Jones
Helen Kerwin
Stan Kitzman
Marc LaHood
Suleman Lalani
Stan Lambert
Brooks Landgraf
Jeff Leach
Terri Leo-Wilson
Janie Lopez
Ray Lopez
John Lujan
Christian Manuel
John McQueeney
William Metcalf
Terry Meza
Penny Morales Shaw
Eddie Morales
Sergio Munoz, Jr.
Candy Noble
Tom Oliverson
Jared Patterson
Dennis Paul
Mary Perez
Katrina Pierson
Mihaela Plesa
Richard Raymond
Ron Reynolds
Keresa Richardson
Ramon Romero, Jr.
Toni Rose
Jon Rosenthal
Nate Schatzline
Matthew Shaheen
Joanne Shofner
John Smithee
David Spiller
Valoree Swanson
James Talarico
Senfronia Thompson
Steve Toth
Chris Turner
Gary Vandeaver
Cody Vasut
Denise Villalobos
Armando Walle
Trey Wharton
Erin Zwiener
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 5 appropriates $294 million in one-time funding from the Economic Stabilization Fund (ESF), commonly referred to as the “Rainy Day Fund,” for the two-year period beginning upon the bill’s effective date. The Legislative Budget Board (LBB) estimates no fiscal impact to General Revenue-related funds through FY 2027, since the bill draws solely from the ESF, which is a constitutionally designated fund for emergencies and disaster response.

The fiscal breakdown is as follows: $200 million is dedicated to matching federal funds and meeting general state disaster needs; $50 million is allocated for grants to local governments in designated counties for the development of flood warning systems; $24 million is earmarked for grants to improve meteorological forecasting through atmospheric modeling and measurement technology; and $20 million is designated for the Harris-Fort Bend Emergency Services District No. 100 to develop a swift water rescue training facility.

There is no projected ongoing cost beyond fiscal year 2026, and no significant fiscal impact to local governments is anticipated. The bill does not create new state programs or permanent obligations, limiting its fiscal exposure to the appropriated sum. Additionally, the appropriation is subject to constitutional requirements, including a two-thirds supermajority in both legislative chambers to authorize withdrawal from the ESF.

In sum, SB 5 represents a fiscally conservative approach to addressing disaster-related needs by utilizing a one-time, constitutionally authorized funding source without burdening the state’s General Revenue fund or local governments.

Vote Recommendation Notes

SB 5 appropriates $294 million from the Economic Stabilization Fund (ESF) to support disaster relief, preparedness, and training efforts in response to the Central Texas flooding disaster of July 2025. The funding includes $200 million for FEMA matching and other state disaster needs, $50 million for flood warning infrastructure in the impacted counties, $24 million to advance meteorological forecasting and modeling, and $20 million to establish a swift water rescue training facility for first responders. All appropriations are limited to a two-year period, tied to the declared disaster, and subject to existing oversight, reporting, and transfer restrictions under the General Appropriations Acts of 2023 and 2025.

From a state fiscal perspective, the bill lawfully applies ESF funds for a constitutionally authorized emergency purpose under Article III, Section 49-g(m) of the Texas Constitution. It supports resilience-building infrastructure and training designed to mitigate the impact of future disasters, protect lives and property, and reduce the long-term cost of emergency response. Importantly, the FEMA match component allows the state to leverage federal dollars, expanding the effective reach of Texas’s investment beyond its initial outlay.

However, the bill also represents a substantial one-time commitment of taxpayer funds in areas where private and nonprofit organizations, including high-capacity actors like the Rebuild Texas Fund, have historically played significant roles. There is a valid concern that this level of state appropriation could inadvertently crowd out or discourage private relief efforts. Moreover, the scale of funding may raise expectations for future state involvement in similar disasters, even when local or voluntary solutions could suffice.

Balancing the state’s legitimate responsibility to ensure disaster readiness with a need for fiscal restraint and clear boundaries on state intervention, Texas Policy Research maintains a NEUTRAL stance on SB 5. The bill is appropriately focused and time-limited, but its magnitude calls for careful oversight to ensure efficiency, avoid duplication, and preserve space for community-led recovery initiatives.

  • Individual Liberty: The bill does not impose any new mandates, penalties, or limitations on individual rights. On the contrary, by improving early warning systems and forecasting capabilities, it may indirectly empower individuals to make more informed decisions to protect their lives and property during emergencies. That said, these enhancements are delivered through state-administered programs rather than by expanding individual or community-level autonomy.
  • Personal Responsibility: While the state investment strengthens emergency response infrastructure, heavy reliance on public funding may inadvertently reduce incentives for local governments, communities, and individuals to engage in independent disaster planning or resilience-building. Texas has a longstanding tradition of voluntary, grassroots disaster response, and this bill may shift expectations toward state provision rather than encouraging self-reliance.
  • Free Enterprise: Enhancing resilience to disasters can benefit businesses by minimizing economic disruption and preserving continuity. However, large-scale government funding for functions like training, equipment, and infrastructure, areas often served by private firms and nonprofits, may discourage innovation or competition in the growing market for disaster preparedness services.
  • Private Property Rights: The bill supports property protection by investing in tools like rain gauges, warning sirens, and advanced flood modeling. These tools help communities and individuals better manage risk. Importantly, the bill does not infringe on landowner rights, impose regulatory burdens, or authorize land acquisition, thus preserving the integrity of private property rights.
  • Limited Government: Although constitutionally valid and time-bound, the $294 million allocation represents a substantial centralization of disaster response funding. While it may meet a pressing need, it could set a precedent for increased state involvement in future recovery efforts, potentially shifting the burden away from local and voluntary solutions. Over time, this could challenge Texas’s commitment to restrained, localized government.
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