Bill Text: TX SB396 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to state and regional flood planning.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2019-02-14 - Referred to Water & Rural Affairs [SB396 Detail]

Download: Texas-2019-SB396-Introduced.html

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86R8371 SLB-D
By: Perry S.B. No. 396

A BILL TO BE ENTITLED
AN ACT
relating to state and regional flood planning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 16, Water Code, is amended
by adding Sections 16.061 and 16.062 to read as follows:
Sec. 16.061. STATE FLOOD PLAN. (a) Not later than
September 1, 2024, and before the end of each successive five-year
period after that date, the board shall prepare and adopt a
comprehensive state flood plan that incorporates the regional flood
plans approved under Section 16.062. The state flood plan must:
(1) provide for orderly preparation for and response
to flood conditions to protect against the loss of life and
property;
(2) be a guide to state and local flood control policy;
and
(3) contribute to water development where possible.
(b) The state flood plan must include:
(1) an evaluation of the condition and adequacy of
flood control infrastructure on a regional basis;
(2) a statewide, ranked list of ongoing and proposed
flood control projects and strategies necessary to protect against
the loss of life and property from flooding and a discussion of how
those projects and strategies might further water development,
where applicable;
(3) an analysis of completed, ongoing, and proposed
flood control projects included in previous state flood plans,
including which projects received funding;
(4) an analysis of development in the 100-year
floodplain areas as defined by the Federal Emergency Management
Agency; and
(5) legislative recommendations the board considers
necessary to facilitate flood control planning and project
construction.
(c) The board, in coordination with the commission, the
Texas Division of Emergency Management, and the State Soil and
Water Conservation Board, shall adopt guidance principles for the
state flood plan that reflect the public interest of the entire
state. The board shall review and revise the guidance principles,
with input from the commission, the Texas Division of Emergency
Management, and the State Soil and Water Conservation Board as
necessary and at least every fourth year to coincide with the
four-year cycle for adoption of a new state flood plan.
(d) On adoption of a state flood plan, the board shall
deliver the plan to the:
(1) governor;
(2) lieutenant governor;
(3) speaker of the house of representatives; and
(4) appropriate legislative committees and
legislative leadership.
Sec. 16.062. REGIONAL FLOOD PLANNING. (a) The board shall:
(1) provide technical assistance to the flood planning
groups;
(2) adopt guidance principles for the regional flood
plans, including procedures for amending adopted plans; and
(3) designate flood planning regions corresponding to
each river basin.
(b) A flood planning group is composed of representatives of
the governing body of each county that is located wholly or partly
in a flood planning region. A county may have several
representatives during the deliberations of the flood planning
group. In voting on the final version of the regional flood plan,
each county is entitled to one vote. A river authority located
wholly or partly in a flood planning region shall provide
administrative assistance to the flood planning group.
(c) The governing body of each county located wholly or
partly in the flood planning region shall hold public meetings in
that county to gather from interested persons, including members of
the public and other political subdivisions located in that county,
suggestions and recommendations as to issues, provisions, or
projects and strategies that should be considered for inclusion in
the plan.
(d) Each flood planning group shall consider the
information collected under Subsection (c) in creating a regional
flood plan. A regional flood plan must:
(1) use information based on scientific data and
updated mapping; and
(2) include:
(A) a description of the condition and
functionality of flood control infrastructure in the flood planning
region;
(B) information on land use changes and
population growth in the flood planning region;
(C) an identification of the areas in the flood
planning region that are prone to flood and flood control solutions
for those areas; and
(D) an indication of whether a particular flood
control solution:
(i) meets an emergency need;
(ii) uses federal money as a funding
component; and
(iii) may also serve as a water supply
source.
(e) After a flood planning group prepares a regional flood
plan, the group shall hold at least one public meeting in a central
location in the flood planning region to accept comments on the
regional flood plan. The flood planning group shall:
(1) publish notice of the public meeting once in a
newspaper of general circulation in each county located wholly or
partly in the flood planning region not later than the 30th day
before the date of the meeting;
(2) post notice of the public meeting in acceptable
online media according to board rule; and
(3) mail notice of the public meeting to:
(A) the mayor of each municipality with a
population of more than 1,000 located in the flood planning region;
(B) the commissioners court of each county
located wholly or partly in the flood planning region; and
(C) each special purpose district with
jurisdiction over water supply or flood control located wholly or
partly in the flood planning region.
(f) The notice published, posted, or mailed under
Subsection (e) must contain:
(1) the date, time, and location of the public meeting
or hearing;
(2) a summary of the regional flood plan;
(3) the name, telephone number, and address of a
person to whom questions or requests for additional information may
be submitted; and
(4) information on how the public may submit comments.
(g) After consideration of the comments received at the
public meeting, the flood planning group shall submit the completed
regional flood plan to the board. The board shall make a
determination whether the regional flood plan:
(1) satisfies the requirements for regional flood
plans adopted in the guidance described by Subsection (a);
(2) adequately provides for the preservation of life
and property and the development of water supply sources, where
applicable; and
(3) affects a neighboring area.
(h) If the board makes a determination that an element of a
regional flood plan negatively affects a neighboring area, the
board must coordinate with the affected area to adjust the plan to
ensure that no neighboring area is negatively affected by the plan.
(i) The board shall approve a regional flood plan when it:
(1) satisfies the requirements of Subsections (g)(1)
and (2); and
(2) does not negatively affect a neighboring area.
(j) A flood planning group may amend a regional flood plan
after the plan has been approved by the board according to rules
adopted by the board.
(k) Each flood planning group and committee or subcommittee
of a flood planning group is subject to Chapters 551 and 552,
Government Code.
SECTION 2. Subchapter B, Chapter 201, Agriculture Code, is
amended by adding Section 201.0227 to read as follows:
Sec. 201.0227. TEN-YEAR DAM REPAIR AND MAINTENANCE PLAN;
REPORT. (a) In this section:
(1) "Plan" means the 10-year dam repair and
maintenance plan adopted under this section.
(2) "Water development board" means the Texas Water
Development Board.
(b) The state board shall prepare and adopt a plan
describing the repair and maintenance needs of flood control dams
in this state and prepare and adopt a new plan before the end of the
10th year following the adoption of a plan.
(c) The state board shall deliver the plan adopted under
this section to the water development board.
(d) Each year, the state board shall deliver to the water
development board a report regarding progress made on items listed
in the plan. If an update to the report or plan is necessary before
the yearly report or before the end of the 10-year cycle, the state
board must deliver to the water development board an amended report
or plan.
SECTION 3. (a) In this section:
(1) "Advisory committee" means the State Flood Plan
Implementation Advisory Committee.
(2) "Board" means the Texas Water Development Board.
(b) The State Flood Plan Implementation Advisory Committee
is composed of the following six members:
(1) the chair of the committee of the senate having
primary jurisdiction over water resources;
(2) the chair of the committee of the house of
representatives having primary jurisdiction over natural
resources;
(3) a member of the committee of the senate having
primary jurisdiction over matters relating to finance, appointed by
the lieutenant governor;
(4) a member of the committee of the house of
representatives having primary jurisdiction over appropriations,
appointed by the speaker of the house of representatives;
(5) a representative of the Texas Division of
Emergency Management, chosen by the division; and
(6) a representative of the State Soil and Water
Conservation Board, chosen by the State Soil and Water Conservation
Board.
(c) The chair of the committee of the senate having primary
jurisdiction over water resources and the chair of the committee of
the house of representatives having primary jurisdiction over
natural resources serve as the co-chairs of the advisory committee.
(d) The advisory committee may hold public hearings, formal
meetings, or work sessions. The advisory committee may not take
formal action at a public hearing, formal meeting, or work session
unless a quorum of the committee is present.
(e) Except as otherwise provided by this subsection, a
member of the advisory committee is not entitled to receive
compensation for service on the committee or reimbursement for
expenses incurred in the performance of official duties as a member
of the committee. Service on the advisory committee by a member of
the senate or house of representatives is considered legislative
service for which the member is entitled to reimbursement and other
benefits in the same manner and to the same extent as for other
legislative service.
(f) The advisory committee shall review the overall
operation, function, and structure of the state flood plan and
rules adopted by the board to implement the state flood plan at
least semiannually and may provide comments and recommendations to
the board on any matter.
(g) The advisory committee may adopt rules, procedures, and
policies as needed to administer this section and implement its
responsibilities.
(h) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the advisory committee.
(i) The advisory committee shall make recommendations to
the board regarding information to be posted on the board's
Internet website under Section 15.440(b), Water Code.
(j) This section expires and the advisory committee is
dissolved on September 1, 2021.
SECTION 4. (a) Not later than September 1, 2021, the Texas
Water Development Board shall adopt guidance principles for the
regional flood plans and designate flood planning regions
corresponding to each river basin as required by Section 16.062,
Water Code, as added by this Act.
(b) Not later than January 10, 2023, each flood planning
group shall submit a regional flood plan to the Texas Water
Development Board for the group's flood planning region, as
required by Section 16.062, Water Code, as added by this Act.
SECTION 5. 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, 2019.