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A BILL TO BE ENTITLED
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AN ACT
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relating to the construction of certain assisted living facilities |
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within a 500-year floodplain in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.0251 to read as follows: |
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Sec. 247.0251. CONSTRUCTION IN 500-YEAR FLOODPLAIN IN |
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CERTAIN COUNTIES PROHIBITED. (a) In this section, "500-year |
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floodplain" means an area that is subject to inundation by a |
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500-year flood, which is a flood that has a 0.2 percent or greater |
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chance of occurring in any given year, as determined from maps or |
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other data from the Federal Emergency Management Agency, or, if not |
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mapped by the Federal Emergency Management Agency, from the United |
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States Department of Agriculture soil maps. |
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(b) The executive commissioner by rule shall prohibit the |
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construction of an assisted living facility within a 500-year |
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floodplain if the facility: |
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(1) is located in a county with a population of 3.3 |
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million or more; |
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(2) is owned or operated by a commercial entity; and |
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(3) has two or more residents. |
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SECTION 2. This Act takes effect September 1, 2021. |