Bill Text: TX HB4568 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the consideration of floodplain maps in the permitting of certain solid waste facilities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2019-05-14 - Referred to Water & Rural Affairs [HB4568 Detail]
Download: Texas-2019-HB4568-Comm_Sub.html
| 86R10208 SLB-D | ||
| By: Cyrier, Bohac | H.B. No. 4568 | |
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| relating to the consideration of floodplain maps in the permitting | ||
| of certain solid waste facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 16, Water Code, is amended by adding | ||
| Subchapter L to read as follows: | ||
| SUBCHAPTER L. FLOODPLAIN MAPPING | ||
| Sec. 16.501. DEFINITIONS. In this subchapter: | ||
| (1) "Local flood map" means a map created and | ||
| certified under this subchapter. | ||
| (2) "Local floodplain manager" means the individual | ||
| responsible for carrying out a local government's floodplain | ||
| studies and mapping programs of floodplains, flood-prone areas, and | ||
| flood-risk zones under Section 16.316. | ||
| (3) "National flood map" means a map approved for use | ||
| in the National Flood Insurance Program. | ||
| (4) "Political subdivision" has the meaning assigned | ||
| by Section 16.313. | ||
| Sec. 16.502. LOCAL FLOOD MAP. A local floodplain manager | ||
| who has information regarding a floodplain, flood-prone area, or | ||
| flood-risk zone in the manager's political subdivision that is more | ||
| recent than the information in the national flood map used in the | ||
| political subdivision may deliver to the board: | ||
| (1) a local flood map that represents the more recent | ||
| information; | ||
| (2) information relevant to the creation of the local | ||
| flood map; and | ||
| (3) a sworn statement that the information represented | ||
| in the local flood map is accurate to the best of the local | ||
| floodplain manager's knowledge. | ||
| Sec. 16.503. CERTIFICATION AND PUBLICATION OF LOCAL FLOOD | ||
| MAP. On receipt of an updated local flood map and sworn statement | ||
| under Section 16.502, the board shall certify the map and make it | ||
| available on the board's Internet website. | ||
| Sec. 16.504. LIABILITY. A local floodplain manager is not | ||
| personally liable for damages arising from the use of information | ||
| in a local flood map. | ||
| Sec. 16.505. RULES. The board shall adopt rules to | ||
| implement this subchapter. | ||
| SECTION 2. Subchapter C, Chapter 361, Health and Safety | ||
| Code, is amended by adding Section 361.1235 to read as follows: | ||
| Sec. 361.1235. MUNICIPAL SOLID WASTE LANDFILLS AND TRANSFER | ||
| STATIONS IN FLOODPLAIN. (a) In this section, "local flood map" has | ||
| the meaning assigned by Section 16.501, Water Code. | ||
| (b) The commission shall consider a local flood map in | ||
| determining whether to issue a permit for a municipal solid waste | ||
| landfill or transfer station to be located in a floodplain. | ||
| SECTION 3. Section 361.1235, Health and Safety Code, as | ||
| added by this Act, applies only to an application for a municipal | ||
| solid waste permit that is filed with the Texas Commission on | ||
| Environmental Quality on or after the effective date of this Act. | ||
| An application for a municipal solid waste permit that is pending on | ||
| the effective date of this Act is governed by the law in effect at | ||
| the time the application was filed, and the former law is continued | ||
| in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
