By:  Parker                                           S.B. No. 1048
       73R471 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to floodplain management and flood insurance; providing
    1-3  penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter G, Chapter 16, Water Code, is amended
    1-6  by adding a new Section 16.231 and by renumbering and amending
    1-7  current Section 16.231 to read as follows:
    1-8        Sec. 16.231.  DEFINITION.  In this subchapter, "improvement"
    1-9  includes a:
   1-10              (1)  levee;
   1-11              (2)  channel modification;
   1-12              (3)  landfill;
   1-13              (4)  highway or railroad bridge; or
   1-14              (5)  structure that controls, regulates, or otherwise
   1-15  changes the floodwater of a stream.
   1-16        Sec. 16.2315. <Sec. 16.231.>  Design of Improvements or
   1-17  System of Improvements.  (a)  Insofar as possible, improvements
   1-18  necessary to reclaim overflowed land, swampland, and other land in
   1-19  this state that is not suitable for use because of temporary or
   1-20  permanent excessive accumulation of water on or contiguous to the
   1-21  land for agricultural or other use shall be designed with primary
   1-22  consideration to the topographic and hydrographic conditions and in
   1-23  such a manner that each division of a project shall be a complete,
   1-24  united project forming a coordinate part of an ultimately finished
    2-1  series of projects so constituted that the successful operation of
    2-2  each united project shall coordinate with the successful operation
    2-3  of other projects within the same hydraulic influence.
    2-4        (b)  An improvement that is not necessary to reclaim land
    2-5  shall be designed to coordinate with the successful operation of
    2-6  reclamation projects within the same hydraulic influence.
    2-7        (c)  An improvement shall be designed with consideration of
    2-8  the effects of the improvement throughout the watershed, including
    2-9  the effects on:
   2-10              (1)  nonpoint source pollution;
   2-11              (2)  wetlands;
   2-12              (3)  wildlife;
   2-13              (4)  wildlife habitat;
   2-14              (5)  runoff characteristics; and
   2-15              (6)  erosion.
   2-16        SECTION 2.  Section 16.232, Water Code, is amended to read as
   2-17  follows:
   2-18        Sec. 16.232.  Location of Projects; Reports.  The executive
   2-19  director shall maintain files reflecting engineering reports,
   2-20  studies, drawings, and staff findings and recommendations
   2-21  pertaining to the location and effect of reclamation and
   2-22  improvement projects.
   2-23        SECTION 3.  Section 16.236, Water Code, is amended to read as
   2-24  follows:
   2-25        Sec. 16.236.  Construction of IMPROVEMENT <Levee> Without
   2-26  Approval of Plans.  (a)  A <No> person may not construct, attempt
   2-27  to construct, cause to be constructed, maintain, or cause to be
    3-1  maintained an <any levee or other such> improvement on, along, or
    3-2  near any stream of this state that is subject to floods, freshets,
    3-3  or overflows so as to control, regulate, or otherwise change the
    3-4  floodwater of the stream without first obtaining approval of the
    3-5  plans by the commission.
    3-6        (b)  Any person who violates any provision of this section is
    3-7  guilty of a misdemeanor and upon conviction is punishable by a fine
    3-8  of not more than $100.  A separate offense is committed each day an
    3-9  improvement <a structure> constructed or maintained in violation of
   3-10  this section is maintained.
   3-11        (c)  At the request of the executive director, the attorney
   3-12  general shall file suit in a district court of Travis County to
   3-13  enjoin any violation or threatened violation of this section.  In
   3-14  the suit, the attorney general may seek to have the <illegal levee
   3-15  or other> improvement removed and the preexisting conditions
   3-16  restored and may also collect civil penalties of up to $100 a day
   3-17  for each day a violation occurs.
   3-18        (d)  This section does not apply to:
   3-19              (1)  dams permitted by the commission or recognized as
   3-20  valid by final decree in any proceeding begun under Subchapter G,
   3-21  Chapter 11, of this code;
   3-22              (2)  dams authorized by Section 11.142 of this code;
   3-23              (3)  an <a levee or other> improvement within the
   3-24  corporate limits of a municipality <city or town> provided:  (a)
   3-25  plans for the construction or maintenance or both must be approved
   3-26  by the municipality <city or town> as a condition precedent to
   3-27  starting the project and (b) the municipality <city or town>
    4-1  requires that such plans be in substantial compliance with rules
    4-2  and standards adopted by the commission; <or>
    4-3              (4)  an <a levee or other> improvement within the
    4-4  boundaries of any political subdivision that <which> has qualified
    4-5  for the National Flood Insurance Program as authorized by the
    4-6  National Flood Insurance Act of 1968 (Title 42, U.S.C., Sections
    4-7  4001-4127) provided:  (a) plans for the construction or maintenance
    4-8  or both must be approved by the political subdivision which is
    4-9  participating in the national flood insurance program as a
   4-10  condition precedent to starting the project and (b) the political
   4-11  subdivision requires that such plans be in substantial compliance
   4-12  with rules and standards adopted by the commission; or
   4-13              (5)  projects implementing soil and water conservation
   4-14  practices set forth in a conservation plan with a landowner or
   4-15  operator and approved by the governing board of a soil and water
   4-16  conservation district organized under Chapter 201, Agriculture Code
   4-17  <the State Soil Conservation Law, as amended (Article 165a-4,
   4-18  Vernon's Texas Civil Statutes)>, provided that the governing board
   4-19  finds the practices do not significantly affect stream flooding
   4-20  conditions on, along, or near a state stream.
   4-21        (e)  On projects located within the corporate limits of a
   4-22  municipality <city or town> or within the boundaries of any
   4-23  political subdivision which are exempt from the provisions of this
   4-24  section by Subdivision (3) or (4) of Subsection (d) above, any
   4-25  person whose property is located outside of the corporate limits of
   4-26  the municipality <such city or town> or of the boundaries of such a
   4-27  political subdivision and whose property is affected or potentially
    5-1  affected by the effect of the project on the floodwaters of the
    5-2  stream may appeal the decision of such political subdivision.  The
    5-3  appeal shall be in writing and shall specify the grounds therefor
    5-4  and a copy shall be sent by certified mail to the project applicant
    5-5  and to the municipality <city or town> or such political
    5-6  subdivision.  The timely filing of such an appeal with the
    5-7  executive director suspends the decision of the municipality <city
    5-8  or town> or political subdivision until a final decision is
    5-9  rendered by the commission.  The executive director shall review
   5-10  the complaint and investigate the facts surrounding the nature of
   5-11  the complaint.  If the executive director finds that the complaint
   5-12  is frivolous or nonmeritorious or made solely for purposes of
   5-13  harassment or delay, then he shall dismiss the appeal.  Otherwise,
   5-14  the executive director shall refer the appeal to the commission
   5-15  which shall after due notice hold a hearing to determine whether
   5-16  the project should be approved using the standards established by
   5-17  the commission and shall hear such appeal de novo under the
   5-18  procedural rules established by the commission for other
   5-19  reclamation or improvement projects.
   5-20        SECTION 4.  Subchapter G, Chapter 16, Water Code, is amended
   5-21  by adding Section 16.2361 to read as follows:
   5-22        Sec. 16.2361.  COMMISSION REVIEW OF IMPROVEMENT PLANS.  (a)
   5-23  A political subdivision that has qualified for the National Flood
   5-24  Insurance Program as described by Section 16.236(d)(4) of this code
   5-25  or a municipality shall submit its plans for an improvement within
   5-26  its boundaries to the commission for review.
   5-27        (b)  The commission shall review plans submitted under this
    6-1  section to ensure that the plans coordinate with the successful
    6-2  operation of other projects within the same hydraulic influence and
    6-3  that the plans consider the effects of the improvement throughout
    6-4  the watershed, including the effects on:
    6-5              (1)  nonpoint source pollution;
    6-6              (2)  wetlands;
    6-7              (3)  wildlife;
    6-8              (4)  wildlife habitat;
    6-9              (5)  runoff characteristics; and
   6-10              (6)  erosion.
   6-11        (c)  The commission shall send to the political subdivision
   6-12  its comments on plans submitted under this section within 20 days
   6-13  after the date the commission receives the plans.
   6-14        SECTION 5.  Section 12.052, Water Code, is renumbered as
   6-15  Section 16.237 and amended to read as follows:
   6-16        Sec. 16.237 <12.052>.  Dam Safety.  (a)  The commission shall
   6-17  make and enforce rules and orders and shall perform all other acts
   6-18  necessary to provide for the safe construction, operation,
   6-19  maintenance, repair, and removal of dams located in this state.
   6-20        (b)  Rules and orders made by the commission shall be made
   6-21  after proper notice and hearing as provided in the rules of the
   6-22  commission.
   6-23        (c)  If the owner of a dam that is required to be
   6-24  constructed, reconstructed, repaired, or removed in order to comply
   6-25  with the rules and orders promulgated under Subsection (a) of this
   6-26  section wilfully fails or refuses to comply within the 30-day
   6-27  period following the date of the commission's order to do so or if
    7-1  a person wilfully fails to comply with any rule or other order
    7-2  issued by the commission under this section within the 30-day
    7-3  period following the effective date of the order, he is liable to a
    7-4  penalty of not more than $1,000 a day for each day he continues to
    7-5  violate this section.  The state may recover the penalty by suit
    7-6  brought for that purpose in the district court of Travis County.
    7-7        (d)  If the commission determines that the existing condition
    7-8  of the dam is creating or will cause extensive or severe property
    7-9  damage or economic loss to others or is posing an immediate and
   7-10  serious threat to human life or health and that other procedures
   7-11  available to the commission to remedy or prevent the occurrence of
   7-12  the situation will result in unreasonable delay, the commission may
   7-13  issue an emergency order, either mandatory or prohibitory in
   7-14  nature, directing the owner of a dam to repair, modify, maintain,
   7-15  dewater, or remove the dam which the commission determines is
   7-16  unsafe.  The emergency order may be issued without notice to the
   7-17  dam owner or with notice the commission considers practicable under
   7-18  the circumstances.  The notice does not have to comply with the
   7-19  Administrative Procedure and Texas Register Act, as amended
   7-20  (Article 6252-13a, Vernon's Texas Civil Statutes).
   7-21        (e)  If the commission issues an emergency order under
   7-22  authority of this section without notice to the dam owner, the
   7-23  commission shall fix a time and place for a hearing which shall be
   7-24  held as soon as practicable to affirm, modify, or set aside the
   7-25  emergency order.  The notice does not have to comply with the
   7-26  Administrative Procedure and Texas Register Act, as amended
   7-27  (Article 6252-13a, Vernon's Texas Civil Statutes).  If the nature
    8-1  of the commission's action requires further proceedings, those
    8-2  proceedings shall be conducted as appropriate under the
    8-3  Administrative Procedure and Texas Register Act, as amended
    8-4  (Article 6252-13a, Vernon's Texas Civil Statutes).
    8-5        (f)  Nothing in this section or in rules or orders made by
    8-6  the commission shall be construed to relieve an owner or operator
    8-7  of a dam or reservoir of the legal duties, obligations, or
    8-8  liabilities incident to ownership or operation.
    8-9        SECTION 6.  Subchapter G, Chapter 16, Water Code, is amended
   8-10  by adding Sections 16.238-16.240 to read as follows:
   8-11        Sec. 16.238.  FLOOD SAFETY RULES.  (a)  A person may not
   8-12  construct a new reservoir with a capacity of over 10,000 acre-feet
   8-13  unless:
   8-14              (1)  the project includes a reserve pool capacity for
   8-15  flood control purposes that is adequate for the flood risk in the
   8-16  project area; or
   8-17              (2)  the owner of the site owns easements surrounding
   8-18  the proposed reservoir that prohibit construction of buildings
   8-19  below the greater of the emergency spillway level or the 100-year
   8-20  flood level.
   8-21        (b)  The commission by rule shall prohibit the construction
   8-22  of a new reservoir unless the commission has reviewed the plans for
   8-23  the project and has certified that the project meets the
   8-24  requirements of Subsection (a) of this section.
   8-25        (c)  On the request of the commission, the attorney general
   8-26  shall bring suit in a district court in Travis County to enjoin the
   8-27  construction of a reservoir project if a person undertakes to begin
    9-1  the project without the commission's approval.
    9-2        Sec. 16.239.  DAM REGISTRATION FEE.  (a)  The owner of a dam
    9-3  shall register the dam with the commission.
    9-4        (b)  The owner annually shall pay a fee to the commission for
    9-5  the registration according to the size and hazard classification of
    9-6  the dam and the following schedule:
    9-7              (1)  small dam, significant hazard         $  100
    9-8              (2)  small dam, high hazard                   200
    9-9              (3)  intermediate dam, significant hazard     500
   9-10              (4)  intermediate dam, high hazard          1,000
   9-11              (5)  large dam, low hazard                    500
   9-12              (6)  large dam, significant hazard          1,000
   9-13              (7)  large dam, high hazard                 2,000.
   9-14        (c)  Fees collected under this section shall be deposited in
   9-15  the state treasury to the credit of the general revenue fund.
   9-16        Sec. 16.240.  ADMINISTRATIVE PENALTY.  (a)  The commission
   9-17  may assess a penalty under this section against a person who fails
   9-18  to comply with a rule or order adopted or issued under Section
   9-19  16.237 of this code before the 31st day after the effective date of
   9-20  the rule or order.
   9-21        (b)  The penalty may not exceed $5,000 for each day after the
   9-22  30th day after the effective date of the rule or order that the
   9-23  person continues to violate.
   9-24        (c)  In determining the amount of the penalty, the commission
   9-25  shall consider:
   9-26              (1)  the nature, circumstances, extent, duration, and
   9-27  gravity of the violation with special emphasis on the hazard or
   10-1  potential hazard created to the health or safety of the public;
   10-2              (2)  the potential impact of the violation on a stream
   10-3  or underground water reservoir, on the property or property owners,
   10-4  or on water users of a stream or underground water reservoir;
   10-5              (3)  with respect to the alleged violator:
   10-6                    (A)  the history and extent of previous
   10-7  violations;
   10-8                    (B)  the degree of culpability, including whether
   10-9  the violation was attributable to mechanical or electrical failures
  10-10  and whether the violation could have been reasonably anticipated
  10-11  and avoided;
  10-12                    (C)  the demonstrated good faith, including
  10-13  actions taken by the alleged violator to rectify the cause of the
  10-14  violation;
  10-15                    (D)  economic benefit gained by the violation;
  10-16  and
  10-17                    (E)  the amount necessary to deter future
  10-18  violations; and
  10-19              (4)  any other matters that justice may require.
  10-20        (d)  If, after examination of a possible violation for which
  10-21  the commission may assess a penalty against a person under this
  10-22  section, and the facts surrounding that possible violation, the
  10-23  executive director concludes that a violation has occurred, the
  10-24  executive director may issue a preliminary report:
  10-25              (1)  stating the facts that support the conclusion;
  10-26              (2)  recommending that a penalty under this section be
  10-27  imposed; and
   11-1              (3)  recommending the amount of the penalty, which
   11-2  shall be based on the factors prescribed by Subsection (c) of this
   11-3  section, including an analysis of each factor for the commission.
   11-4        (e)  Not later than the 10th day after the date on which the
   11-5  report is issued, the executive director shall give written notice
   11-6  of the report to the person charged with the violation.  The notice
   11-7  must include:
   11-8              (1)  a brief summary of the charges;
   11-9              (2)  a statement of the amount of the penalty
  11-10  recommended; and
  11-11              (3)  a statement of the right of the person charged to
  11-12  a hearing on the occurrence of the violation, the amount of the
  11-13  penalty, or both.
  11-14        (f)  Not later than the 20th day after the date on which
  11-15  notice is received, the person charged may give to the commission
  11-16  written consent to the executive director's report, including the
  11-17  recommended penalty, or make a written request for a hearing.
  11-18        (g)  If the person charged with the violation consents to the
  11-19  penalty recommended by the executive director or does not timely
  11-20  respond to the notice, the commission by order shall assess the
  11-21  penalty or order a hearing to be held on the findings and
  11-22  recommendations in the executive director's report.  If the
  11-23  commission assesses the penalty, the commission shall give written
  11-24  notice to the person charged of its decision.
  11-25        (h)  If the person charged requests or the commission orders
  11-26  a hearing, the commission shall order and shall give notice of the
  11-27  hearing.  The commission by order may find that a violation has
   12-1  occurred and may assess a penalty, may find that a violation has
   12-2  occurred but that no penalty should be assessed, or may find that
   12-3  no violation has occurred.  In making a penalty decision, the
   12-4  commission shall analyze each factor prescribed by Subsection (c)
   12-5  of this section.  All proceedings under this subsection are subject
   12-6  to the Administrative Procedure and Texas Register Act (Article
   12-7  6252-13a, Vernon's Texas Civil Statutes).
   12-8        (i)  The commission shall give notice of its decision to the
   12-9  person charged, and if the commission finds that a violation has
  12-10  occurred and assesses a penalty, the commission shall give written
  12-11  notice to the person charged of:
  12-12              (1)  the commission's findings;
  12-13              (2)  the amount of the penalty; and
  12-14              (3)  the person's right to judicial review of the
  12-15  commission's order.
  12-16        (j)  If the commission is required to give notice of a
  12-17  penalty under Subsection (g) or (i) of this section, the commission
  12-18  shall file notice of its decision in the Texas Register not later
  12-19  than the 10th day after the date on which the decision is adopted.
  12-20        (k)  Not later than the 30th day after the date on which the
  12-21  commission's order is final, the person charged with the penalty
  12-22  shall pay the penalty in full or file a petition for judicial
  12-23  review.
  12-24        (l)  If the person seeks judicial review of the fact of the
  12-25  violation, the amount of the penalty, or both, the person, within
  12-26  the time provided by Subsection (k) of this section, shall:
  12-27              (1)  send the amount of the penalty to the commission
   13-1  for placement in an escrow account; or
   13-2              (2)  post with the commission a supersedeas bond in a
   13-3  form approved by the commission for the amount of the penalty, the
   13-4  bond to be effective until judicial review of the order or decision
   13-5  is final.
   13-6        (m)  A person who fails to comply with Subsection (l) of this
   13-7  section waives the right to judicial review, and the commission or
   13-8  the executive director may refer the matter to the attorney general
   13-9  for enforcement.
  13-10        (n)  Judicial review of the order or decision of the
  13-11  commission assessing the penalty shall be under Section 19,
  13-12  Administrative Procedure and Texas Register Act (Article 6252-13a,
  13-13  Vernon's Texas Civil Statutes).
  13-14        (o)  The commission may compromise, modify, or remit, with or
  13-15  without conditions, a penalty imposed under this section.
  13-16        (p)  Payment of a penalty under this section is full and
  13-17  complete satisfaction of the violation for which the administrative
  13-18  penalty is assessed and precludes any other civil or criminal
  13-19  penalty for the same violation.
  13-20        (q)  A penalty collected under this section shall be
  13-21  deposited in the state treasury to the credit of the general
  13-22  revenue fund.
  13-23        SECTION 7.  Sections 16.313 and 16.314, Water Code, are
  13-24  amended to read as follows:
  13-25        Sec. 16.313.  Definitions.  In this subchapter:
  13-26              (1)  "Political subdivision" means any political
  13-27  subdivision or body politic and corporate of the State of Texas and
   14-1  includes any county, river authority, conservation and reclamation
   14-2  district, water control and improvement district, water improvement
   14-3  district, water control and preservation district, fresh water
   14-4  supply district, irrigation district, and any type of district
   14-5  heretofore or hereafter created or organized or authorized to be
   14-6  created or organized pursuant to the provisions of Article XVI,
   14-7  Section 59 or Article III, Section 52 of the Constitution of the
   14-8  State of Texas; "political subdivision" also means any interstate
   14-9  compact commission to which the State of Texas is a party,
  14-10  municipal corporation, or city whether operating under the Home
  14-11  Rule Amendment of the Constitution or under the General Law.
  14-12              (2)  "National Flood Insurance Act" means the National
  14-13  Flood Insurance Act of 1968, as amended (42 U.S.C. Sections 4001
  14-14  through 4127), and the implementation and administration of the Act
  14-15  by the director <Secretary> of the Federal Emergency Management
  14-16  Agency <United States Department of Housing and Urban Development>.
  14-17              (3)  "Director" <"Secretary"> means the director
  14-18  <Secretary> of the Federal Emergency Management Agency <United
  14-19  States Department of Housing and Urban Development>.
  14-20        Sec. 16.314.  Cooperation of Commission.  In recognition of
  14-21  the necessity for a coordinated effort at all levels of government,
  14-22  the commission shall cooperate with the Federal Insurance
  14-23  Administrator of the Federal Emergency Management Agency <United
  14-24  States Department of Housing and Urban Development> in the planning
  14-25  and carrying out of state participation in the National Flood
  14-26  Insurance Program; however, the responsibility for qualifying for
  14-27  the National Flood Insurance Program shall belong to any interested
   15-1  political subdivision, whether presently in existence or created in
   15-2  the future.
   15-3        SECTION 8.  Subchapter I, Chapter 16, Water Code, is amended
   15-4  by adding Section 16.3141 to read as follows:
   15-5        Sec. 16.3141.  NATIONAL FLOOD INSURANCE REQUIRED.  (a)  A
   15-6  political subdivision shall participate in the National Flood
   15-7  Insurance Program.  A political subdivision annually shall report
   15-8  to the commission the subdivision's status under the insurance
   15-9  program as provided by rules adopted by the commission.
  15-10        (b)  The commission may order a political subdivision to take
  15-11  an action necessary to comply with National Flood Insurance Program
  15-12  requirements or criteria.
  15-13        (c)  The commission may grant a variance to the requirement
  15-14  imposed by Subsection (a) of this section if a political
  15-15  subdivision shows that the subdivision's participation in the
  15-16  insurance program is not warranted.
  15-17        (d)  The commission may recommend to the director that a
  15-18  political subdivision that is not in compliance with a National
  15-19  Flood Insurance Program requirement or criterion be suspended from
  15-20  participation in the insurance program.
  15-21        (e)  A political subdivision is liable for a civil penalty of
  15-22  not less than $100 and not more than $5,000 for each day the
  15-23  subdivision fails to comply with this section or a rule or order
  15-24  adopted under this section.
  15-25        (f)  The attorney general, at the request of the commission,
  15-26  may bring suit to recover the penalty imposed by Subsection (e) of
  15-27  this section in a district court in Travis County.
   16-1        SECTION 9.  Section 16.315, Water Code, is amended to read as
   16-2  follows:
   16-3        Sec. 16.315.  Political Subdivisions; Compliance With Federal
   16-4  Requirements.  All political subdivisions are hereby authorized to
   16-5  take all necessary and reasonable actions to comply with the
   16-6  requirements and criteria of the National Flood Insurance Program,
   16-7  including but not limited to:
   16-8              (1)  making appropriate land use adjustments to
   16-9  constrict the development of land which is exposed to flood damage
  16-10  and minimize damage caused by flood losses;
  16-11              (2)  guiding the development of proposed future
  16-12  construction, where practicable, away from a location which is
  16-13  threatened by flood hazards;
  16-14              (3)  assisting in minimizing damage caused by floods;
  16-15              (4)  authorizing and engaging in continuing studies of
  16-16  flood hazards in order to facilitate a constant reappraisal of the
  16-17  flood insurance program and its effect on land use requirements;
  16-18              (5)  engaging in floodplain management and adopting and
  16-19  enforcing permanent land use and control measures consistent with
  16-20  the criteria established under the National Flood Insurance Act;
  16-21              (6)  declaring property, when such is the case, to be
  16-22  in violation of local laws, regulations, or ordinances which are
  16-23  intended to discourage or otherwise restrict land development or
  16-24  occupancy in flood-prone areas and notifying the director
  16-25  <secretary>, or whomever he designates, of such property;
  16-26              (7)  consulting with, giving information to, and
  16-27  entering into agreements with the Federal Emergency Management
   17-1  Agency <Department of Housing and Urban Development> for the
   17-2  purpose of:
   17-3                    (A)  identifying and publishing information with
   17-4  respect to all flood areas, including coastal areas; and
   17-5                    (B)  establishing flood-risk zones in all such
   17-6  areas and making estimates with respect to the rates of probable
   17-7  flood-caused loss for the various flood-risk zones for each of
   17-8  these areas;
   17-9              (8)  cooperating with the director's <secretary's>
  17-10  studies and investigations with respect to the adequacy of local
  17-11  measures in flood-prone areas as to land management and use, flood
  17-12  control, flood zoning, and flood damage prevention;
  17-13              (9)  taking steps, using regional, watershed, and
  17-14  multi-objective approaches, to improve the long-range management
  17-15  and use of flood-prone areas;
  17-16              (10)  purchasing, leasing, and receiving property from
  17-17  the director <secretary> when such property is owned by the federal
  17-18  government and lies within the boundaries of the political
  17-19  subdivision pursuant to agreements with the Federal Emergency
  17-20  Management Agency <Department of Housing and Urban Development> or
  17-21  other appropriate legal representative of the United States
  17-22  Government;
  17-23              (11)  requesting aid pursuant to the entire
  17-24  authorization from the commission;
  17-25              (12)  satisfying criteria adopted and promulgated by
  17-26  the commission pursuant to the National Flood Insurance Program;
  17-27  <and>
   18-1              (13)  adopting permanent land use and control measures
   18-2  with enforcement provisions which are consistent with the criteria
   18-3  for land management and use adopted by the director; <secretary>
   18-4              (14)  adopting more comprehensive floodplain management
   18-5  rules the political subdivision determines are necessary and
   18-6  appropriate to protect public health and safety; and
   18-7              (15)  adopting siting standards for police, hospital,
   18-8  and other critical or emergency facilities to ensure that the
   18-9  facilities are constructed, or flood-proofed to an elevation that
  18-10  is, above the base flood elevation.
  18-11        SECTION 10.  Subchapter I, Chapter 16, Water Code, is amended
  18-12  by adding Section 16.3151 to read as follows:
  18-13        Sec. 16.3151.  COUNTY AND MUNICIPAL FLOOD-SAFE CONSTRUCTION
  18-14  STANDARDS.  A municipality by ordinance and a county by order shall
  18-15  require the construction of a new structure or the substantial
  18-16  renovation of an existing structure within its jurisdiction to be:
  18-17              (1)  at least one foot above the base flood elevation;
  18-18  or
  18-19              (2)  made flood-proof to at least one foot above the
  18-20  base flood elevation.
  18-21        SECTION 11.  Section 16.316, Water Code, is amended to read
  18-22  as follows:
  18-23        Sec. 16.316.  Coordination of Local, State, and Federal
  18-24  Programs by Commission.  (a)  The commission shall aid, advise, and
  18-25  coordinate the efforts of present and future political subdivisions
  18-26  endeavoring to qualify for participation in the National Flood
  18-27  Insurance Program.
   19-1        (b)  Pursuant to the National Flood Insurance Program and
   19-2  state and local efforts complementing the program, the commission
   19-3  shall aid, advise, and cooperate with political subdivisions, the
   19-4  State Board of Insurance, and the Federal Emergency Management
   19-5  Agency <United States Department of Housing and Urban Development>
   19-6  when aid, advice, and cooperation are requested or when the
   19-7  commission considers aid, advice, and cooperation to be advisable
   19-8  <deemed advisable by the board>.
   19-9        (c)  The aforementioned aid may include but is not
  19-10  necessarily limited to:
  19-11              (1)  coordinating local, state, and federal programs
  19-12  relating to floods, flood losses, and floodplain management;
  19-13              (2)  evaluating the present structure of all federal,
  19-14  state, and political subdivision flood control programs within or
  19-15  adjacent to the state, including an assessment of the extent to
  19-16  which public and private floodplain management activities have been
  19-17  instituted;
  19-18              (3)  carrying out studies with respect to the adequacy
  19-19  of present public and private measures, laws, regulations, and
  19-20  ordinances in flood-prone areas as to land management and use,
  19-21  flood control, flood zoning, and flood damage prevention;
  19-22              (4)  evaluating all available engineering, hydrologic,
  19-23  and geologic data relevant to flood-prone areas and flood control
  19-24  in those areas; <and>
  19-25              (5)  carrying out floodplain studies and mapping
  19-26  programs of floodplains, flood-prone areas, and flood-risk zones;
  19-27              (6)  providing technical assistance;
   20-1              (7)  assisting and encouraging a political subdivision
   20-2  to enter the National Flood Insurance Program community rating
   20-3  system; and
   20-4              (8)  ensuring that plans for improvements consider the
   20-5  effects of the improvements throughout the watershed, including
   20-6  effects on nonpoint source pollution, wetlands, wildlife, wildlife
   20-7  habitat, runoff characteristics, and erosion.
   20-8        (d)  On the basis of such studies and evaluations, the
   20-9  commission, to the extent of its capabilities, shall periodically
  20-10  identify and publish information and maps with respect to all
  20-11  floodplain areas, including the state's coastal area, which have
  20-12  flood hazards, and where possible aid the federal government in
  20-13  identifying and establishing flood-risk zones in all such areas.
  20-14        SECTION 12.  Subchapter I, Chapter 16, Water Code, is amended
  20-15  by adding Sections 16.3161, 16.3162, and 16.3163 to read as
  20-16  follows:
  20-17        Sec. 16.3161.  COMMISSION REVIEW OF ORDINANCES.  (a)  Before
  20-18  the governing body of a political subdivision adopts or amends an
  20-19  ordinance or order that, if adopted or amended, might affect the
  20-20  subdivision's participation in the National Flood Insurance
  20-21  Program, the governing body shall send the text of the ordinance to
  20-22  the commission.
  20-23        (b)  Subsection (a) of this section does not apply to an
  20-24  ordinance or order proposed to be adopted in response to an
  20-25  emergency.  The governing body of a political subdivision shall
  20-26  send the text of an emergency ordinance or order that might affect
  20-27  the subdivision's participation in the National Flood Insurance
   21-1  Program to the commission for review not later than the third day
   21-2  after the date the ordinance or order is adopted.
   21-3        (c)  The commission shall review an ordinance or order or
   21-4  proposed ordinance or order submitted under this section for
   21-5  compliance with National Flood Insurance Program rules and for
   21-6  uniformity within relevant watersheds.
   21-7        (d)  The commission shall send comments to the governing body
   21-8  within 10 days after the ordinance or order or proposed ordinance
   21-9  or order is received.
  21-10        Sec. 16.3162.  COMMISSION REVIEW OF CONSTRUCTION PLANS.  (a)
  21-11  A political subdivision by ordinance or order shall require
  21-12  construction plans for a planned new structure within the
  21-13  subdivision's jurisdiction to be sent to the commission not later
  21-14  than the 20th day before the date the construction project begins.
  21-15        (b)  The commission shall review plans received under
  21-16  Subsection (a) of this section to ensure that the plans consider
  21-17  the effects of the construction throughout the watershed, including
  21-18  the effects on:
  21-19              (1)  nonpoint source pollution;
  21-20              (2)  wetlands;
  21-21              (3)  wildlife;
  21-22              (4)  wildlife habitat;
  21-23              (5)  runoff characteristics; and
  21-24              (6)  erosion.
  21-25        (c)  The commission shall send to the municipality or county
  21-26  its comments on plans submitted under this section within 20 days
  21-27  after the date the commission receives the plans.
   22-1        Sec. 16.3163.  STATE COMPLIANCE WITH NATIONAL FLOOD INSURANCE
   22-2  PROGRAM.  (a)  The commission by rule shall establish standards for
   22-3  construction and maintenance of structures owned by the state in
   22-4  areas subject to flooding, mudslides, mudflows, or flood-related
   22-5  erosion.
   22-6        (b)  The rules shall at a minimum comply with minimum flood
   22-7  plain management criteria and requirements for compliance with
   22-8  National Flood Insurance Program regulations for properties owned
   22-9  by the state.
  22-10        SECTION 13.  Sections 16.317-16.319, Water Code, are amended
  22-11  to read as follows:
  22-12        Sec. 16.317.  Cooperation of State Board of Insurance.
  22-13  Pursuant to the National Flood Insurance Program, the State Board
  22-14  of Insurance shall aid, advise, and cooperate with political
  22-15  subdivisions, the commission, and the Federal Emergency Management
  22-16  Agency <United States Department of Housing and Urban Development>
  22-17  when such aid, advice, and cooperation are requested or deemed
  22-18  advisable by the State Board of Insurance.
  22-19        Sec. 16.318.  Rules.  (a)  Political subdivisions which
  22-20  qualify for the National Flood Insurance Program and<,> the State
  22-21  Board of Insurance<, and the commission> may adopt <and promulgate>
  22-22  reasonable rules which are necessary for the orderly effectuation
  22-23  of the <respective> authorizations in this subchapter <herein>.
  22-24        (b)  The commission shall adopt rules necessary for the
  22-25  orderly effectuation of the authorizations in this subchapter.
  22-26        (c)  In adopting rules under this section, the commission
  22-27  shall cooperate with political subdivisions that qualify for the
   23-1  National Flood Insurance Program and solicit the aid and advice of
   23-2  those subdivisions.
   23-3        Sec. 16.319.  Qualification.  Political subdivisions wishing
   23-4  to qualify under the National Flood Insurance Program shall have
   23-5  the authority to do so by complying with the directions of the
   23-6  Federal Emergency Management Agency <Department of Housing and
   23-7  Urban Development> and by:
   23-8              (1)  evidencing to the director <secretary> a positive
   23-9  interest in securing flood insurance coverage under the National
  23-10  Flood Insurance Program; and
  23-11              (2)  giving to the director <secretary> satisfactory
  23-12  assurance that measures will have been adopted for the political
  23-13  subdivision which measures will be consistent with the
  23-14  comprehensive criteria for land management and use developed by the
  23-15  Federal Emergency Management Agency <Department of Housing and
  23-16  Urban Development>, and that the application and enforcement of
  23-17  such measures will commence as soon as the Federal Emergency
  23-18  Management Agency approves the political subdivision's rules
  23-19  <technical information on floodways and on controlling elevations
  23-20  is available>.
  23-21        SECTION 14.  Subchapter I, Chapter 16, Water Code, is amended
  23-22  by adding Sections 16.322 and 16.323 to read as follows:
  23-23        Sec. 16.322.  CIVIL PENALTY.  (a)  A person who constructs or
  23-24  maintains a structure in violation of an action taken or ordinance
  23-25  or order adopted by a political subdivision under Section 16.315 or
  23-26  16.3151 of this code is subject to a civil penalty of not less than
  23-27  $100 and not more than $1,000 for each violation and each day of a
   24-1  continuing violation.
   24-2        (b)  The attorney general at the request of a political
   24-3  subdivision or a municipal, county, or district attorney may bring
   24-4  suit to recover the penalty imposed by Subsection (a) of this
   24-5  section.
   24-6        (c)  A penalty collected under this section shall be
   24-7  deposited in the state treasury to the credit of the general
   24-8  revenue fund.
   24-9        Sec. 16.323.  COUNTY CONDEMNATION IN FLOOD-PRONE AREA.  A
  24-10  county commissioners court may exercise the right of eminent domain
  24-11  as provided by Chapter 261, Local Government Code, to:
  24-12              (1)  condemn a structure that is constructed or
  24-13  maintained in violation of an order, ordinance, or action taken
  24-14  under Section 16.315 or Section 16.3151 of this code, or that is
  24-15  built at or below the base flood elevation to protect the public
  24-16  health or safety; or
  24-17              (2)  acquire real property or an easement on real
  24-18  property to prevent future construction of structures at or below
  24-19  the base flood elevation.
  24-20        SECTION 15.  Chapter 51, Water Code, is amended by adding
  24-21  Subchapter R to read as follows:
  24-22        SUBCHAPTER R.  STATEWIDE FLOOD CONTROL IN RIVER BASINS
  24-23        Sec. 51.871.  COORDINATED BASINWIDE WATER RELEASE FOR FLOOD
  24-24  CONTROL.  (a)  The commission, in conjunction with the U.S. Army
  24-25  Corps of Engineers and political subdivisions and reservoir owners
  24-26  in each river basin in the state, shall develop and establish a
  24-27  coordinated basinwide water release program for flood routing and
   25-1  control in each river basin in the state.
   25-2        (b)  The program must designate for each river basin a single
   25-3  entity to operate and maintain the program.
   25-4        Sec. 51.872.  FLOOD WARNING SYSTEM.  The commission in
   25-5  conjunction with each political subdivision affected by flooding of
   25-6  a river basin shall develop and establish a basinwide flood warning
   25-7  system to alert the public and local officials of imminent flooding
   25-8  in the basin.  The system must be designed to promote orderly
   25-9  withdrawal from the floodplains and to institute other appropriate
  25-10  precautions.
  25-11        Sec. 51.873.  RAINFALL AND RIVER FLOW INFORMATION.  (a)  The
  25-12  commission in conjunction with political subdivisions affected by
  25-13  flooding of a river basin and in cooperation with the National
  25-14  Weather Service shall develop and establish a real-time data
  25-15  acquisition system for measuring rainfall and river flow rates to
  25-16  aid in reservoir operations and the issuance of public warnings in
  25-17  case of flooding conditions.
  25-18        (b)  The commission by rule shall require reservoir owners
  25-19  and affected political subdivisions to install the data acquisition
  25-20  system according to a schedule adopted by the commission.
  25-21        Sec. 51.874.  RIVER BASIN ORDER OF NEED.  (a)  The
  25-22  commission, in performing its duties under this subchapter, shall
  25-23  concentrate its efforts on river basins that present:
  25-24              (1)  a greater need for flood control and warning
  25-25  measures because of flood frequency or severity;
  25-26              (2)  a greater threat to public health or safety;
  25-27              (3)  a greater threat to property; or
   26-1              (4)  a combination of those factors.
   26-2        (b)  The commission shall list the river basins in their
   26-3  proposed order of need together with approximate dates for
   26-4  establishing the water release program and warning and data
   26-5  acquisition systems.  The commission shall revise the list as
   26-6  necessary and, not later than December 15 of each even-numbered
   26-7  year, shall report to the legislature the progress made in
   26-8  establishing programs and systems under this subchapter.
   26-9        Sec. 51.875.  PUBLIC EDUCATION PROGRAM.  (a)  The commission
  26-10  by rule shall require a river authority to develop an education
  26-11  program to inform the public about dam and reservoir operations,
  26-12  flood warning and emergency procedures, and other issues subject to
  26-13  the authority's jurisdiction.
  26-14        (b)  The authority shall cooperate with reservoir owners and
  26-15  the commission in developing the program and in making necessary
  26-16  revisions.
  26-17        SECTION 16.  Subchapter D, Chapter 57, Water Code, is amended
  26-18  by adding Sections 57.093 and 57.102 to read as follows:
  26-19        Sec. 57.093.  COMMISSION APPROVAL OF PLANS FOR IMPROVEMENT.
  26-20  (a)  A district may not construct or maintain a levee or other
  26-21  improvement to control, regulate, or change the floodwaters of a
  26-22  stream unless the commission approves of the plans for the
  26-23  construction or maintenance.
  26-24        (b)  On the request of the commission, the attorney general
  26-25  shall bring suit in a district court in Travis County to enjoin the
  26-26  maintenance or construction of a levee or other improvement that a
  26-27  district undertakes to maintain or construct without the
   27-1  commission's approval.
   27-2        Sec. 57.102.  UNLAWFUL CONSTRUCTION OR MAINTENANCE OF A
   27-3  LEVEE.  (a)  A person commits an offense if the person constructs
   27-4  or maintains a levee or other improvement on, along, or near any
   27-5  stream of this state that is subject to floods, freshets, or
   27-6  overflows to control, regulate, or otherwise change the floodwaters
   27-7  of the stream without first obtaining the approval of the plans for
   27-8  the improvement from the commission as required by Section 57.093
   27-9  of this code.
  27-10        (b)  An offense under this section is a misdemeanor
  27-11  punishable by a fine of not less than $100 and not more than $1,000
  27-12  or by confinement in jail for not more than one year or by both.  A
  27-13  separate offense is committed each day an improvement is
  27-14  constructed or maintained in violation of this section.
  27-15        (c)  The provisions of this section do not apply to dams,
  27-16  canals, or other improvements made by an individual or corporation
  27-17  for the purpose of irrigation or water improvement.
  27-18        (d)  In this section, "person" includes a corporation,
  27-19  organization, government or governmental subdivision or agency,
  27-20  association, and any other legal entity.
  27-21        SECTION 17.  Section 57.155, Water Code, is amended to read
  27-22  as follows:
  27-23        Sec. 57.155.  Contents of Report.  (a)  The engineer's report
  27-24  shall contain a complete plan for draining land, constructing
  27-25  levees on land, and reclaiming land of the district from overflow
  27-26  or damage by waters from streams inside or adjacent to the district
  27-27  which may affect land in the district.  In making the plan the
   28-1  engineer shall consider the short-term and long-term effects of the
   28-2  reclamation project on:
   28-3              (1)  nonpoint source pollution;
   28-4              (2)  wetlands;
   28-5              (3)  wildlife;
   28-6              (4)  wildlife habitat;
   28-7              (5)  runoff characteristics; and
   28-8              (6)  erosion.
   28-9        (b)  The report shall also include a description of the
  28-10  physical characteristics of the land within the district and the
  28-11  location of any public roads, railroads, rights-of-way and
  28-12  roadways, and other improvements on the land of the district.
  28-13        (c) <(b)>  The plan may include, and where necessary must
  28-14  include, the costs of straightening streams which may injure the
  28-15  land of the district.
  28-16        SECTION 18.  Subchapter I, Chapter 57, Water Code, is amended
  28-17  by adding Section 57.347 to read as follows:
  28-18        Sec. 57.347.  RESPONSIBILITY FOR DISTRICT IMPROVEMENTS.  The
  28-19  commissioners court may not close the trust estate unless the
  28-20  commissioners court or another political subdivision or state
  28-21  agency in writing accepts responsibility for the maintenance or
  28-22  removal of each improvement or structure constructed or maintained
  28-23  by the district that controls, regulates, or otherwise changes the
  28-24  floodwater of a stream.
  28-25        SECTION 19.  Subtitle C, Title 7, Local Government Code, is
  28-26  amended by adding Chapter 244 to read as follows:
  28-27             CHAPTER 244.  COUNTY AND MUNICIPAL ZONING OF
   29-1                      LAKESIDE OR RESERVOIR AREAS
   29-2        Sec. 244.001.  LAND USE REGULATION FOR FLOOD SAFETY.  A
   29-3  county or municipality shall adopt, administer, and enforce zoning
   29-4  or land use regulations to prevent construction in an area that
   29-5  borders a lake or reservoir that is prone to flooding or erosion
   29-6  from flooding in a 100-year flood event.
   29-7        SECTION 20.  The initial dam registration fee imposed by
   29-8  Section 16.239, Water Code, as added by Section 6 of this Act, must
   29-9  be paid on or before December 31, 1993.
  29-10        SECTION 21.  (a)  The changes in law made by this Act apply
  29-11  only to a violation of a law, rule, action, or order that occurs on
  29-12  or after the effective date of this Act.
  29-13        (b)  For the purpose of this section, a violation of a law,
  29-14  rule, action, or order occurs before the effective date of this Act
  29-15  if any element of the violation occurs before that date.
  29-16        SECTION 22.  The importance of this legislation and the
  29-17  crowded condition of the calendars in both houses create an
  29-18  emergency and an imperative public necessity that the
  29-19  constitutional rule requiring bills to be read on three several
  29-20  days in each house be suspended, and this rule is hereby suspended,
  29-21  and that this Act take effect and be in force from and after its
  29-22  passage, and it is so enacted.