Bill Text: TX HB4435 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the authority of certain counties to remediate an overflow of water caused by a diversion or impoundment of the natural flow of surface water.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Natural Resources [HB4435 Detail]
Download: Texas-2021-HB4435-Introduced.html
87R9461 ANG-D | ||
By: Thompson of Brazoria | H.B. No. 4435 |
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relating to the authority of certain counties to remediate an | ||
overflow of water caused by a diversion or impoundment of the | ||
natural flow of surface water. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.086, Water Code, is amended by adding | ||
Subsections (e) and (f) to read as follows: | ||
(e) In a county with a population of more than 312,000 and | ||
less than 330,000, the commissioners court by order may require the | ||
county to: | ||
(1) remediate an overflow of water caused by a | ||
diversion or impoundment of the natural flow of surface water as | ||
necessary to mitigate the effects of a natural disaster; or | ||
(2) remediate an overflow of water caused by a | ||
diversion or impoundment of the natural flow of surface water in | ||
violation of Subsection (a) if: | ||
(A) the commissioners court sends notice to the | ||
person who is in violation of Subsection (a): | ||
(i) informing the person of the violation; | ||
and | ||
(ii) requiring the person to remediate the | ||
violation not later than the 30th day after the date of receipt of | ||
the notice; and | ||
(B) after receiving notice under Paragraph (A), | ||
the person does not remedy the violation in the specified time. | ||
(f) A county is not liable for damages caused by an action | ||
taken pursuant to an order issued under Subsection (e). | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |