Bill Text: TX SB396 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to state and regional flood planning.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-14 - Referred to Water & Rural Affairs [SB396 Detail]
Download: Texas-2019-SB396-Introduced.html
86R8371 SLB-D | ||
By: Perry | S.B. No. 396 |
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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. |