Bill Text: TX HB26 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the notification of affected persons of certain releases of water from certain dams.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB26 Detail]
Download: Texas-2019-HB26-Enrolled.html
H.B. No. 26 |
|
||
relating to the notification of affected persons of certain | ||
releases of water from certain dams. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.052, Water Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), | ||
and (a-4) to read as follows: | ||
(a) The commission shall make and enforce rules and orders | ||
and shall perform all other acts necessary to provide for the safe | ||
construction, operation, maintenance, repair, [ |
||
emergency management of dams located in this state. In performing | ||
the commission's duties under this subsection, the commission shall | ||
identify and focus on the most hazardous dams in the state. | ||
(a-1) The commission shall require the owner or operator of | ||
a state-regulated dam that has a spillway with gates used to | ||
regulate flood waters to notify local emergency operation centers | ||
in downstream communities when spillway releases are made to | ||
regulate flood waters, according to the commission's emergency | ||
action plan guidelines. | ||
(a-2) Emergency operation centers notified under Subsection | ||
(a-1) shall provide notice to the public when a release may | ||
contribute to flooding that may result in damage to life and | ||
property through all available means and shall include, at a | ||
minimum, the following information, if available: | ||
(1) the names of the dam and reservoir; | ||
(2) the communities downstream that may be impacted | ||
and estimated time of impact; | ||
(3) the names of affected river basins and | ||
tributaries; | ||
(4) the expected duration of the release; | ||
(5) the level of potential flooding according to the | ||
National Weather Service River Forecast Center; and | ||
(6) the roads or bridges that are expected to be | ||
affected. | ||
(a-3) A notice provided under Subsection (a-2) must include | ||
the following disclaimer: "Actual flood conditions may vary | ||
significantly from the alert based on new or changed conditions; | ||
advanced alerts of changed conditions may not be possible." | ||
(a-4) Notwithstanding any other defense or immunity that | ||
may apply, a notice provided under Subsection (a-1) or (a-2) may not | ||
be considered an admission of liability and may not be used as | ||
evidence in any suit related to the releases that are the subject of | ||
the notice. | ||
SECTION 2. (a) Not later than January 1, 2020, the Texas | ||
Commission on Environmental Quality shall provide guidance for | ||
developing a notification plan through a dam owner's emergency | ||
action plan for state-regulated dams that have a spillway with | ||
gates used to regulate flood waters. | ||
(b) Not later than June 1, 2020, a dam owner or operator | ||
shall deliver the notification plan described by Subsection (a) of | ||
this section for each dam to the Texas Commission on Environmental | ||
Quality. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 26 was passed by the House on April | ||
11, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 26 on May 23, 2019, by the following vote: Yeas 141, Nays 0, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 26 was passed by the Senate, with | ||
amendments, on May 17, 2019, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |