By Hochberg H.B. No. 2785
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to cooperation between state agencies, political
1-3 subdivisions, and flood control districts in projects affecting
1-4 flooding in certain counties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter Z, Section 240.901, Local Government
1-7 Code, is amended by adding a new subsection (f) to read as follows:
1-8 Sec. 240.901. (f) In a county covered under the provisions
1-9 of this section and having more than 2.5 million inhabitants
1-10 according to the most recent decennial federal census, any state
1-11 agency or political subdivision that builds or modifies a road
1-12 project or other major facility that would affect drainage from the
1-13 property on which the project is located or affect the drainage
1-14 pattern from adjacent properties in a manner that might increase
1-15 the potential for flooding must submit plans for the proposed
1-16 project to the county flood control district for approval prior to
1-17 commencing construction of the project. The flood control district
1-18 must determine whether the project will increase the potential for
1-19 flooding of any property within the county, and if it so
1-20 determines, the project may not be constructed until it is modified
1-21 in a manner wherein the flood control district determines that no
1-22 such threat of flooding is present. If the flood control district
1-23 initially determines that there is no such risk, the project may
2-1 proceed as planned unless modified. Any modification to a project
2-2 that has been approved either initially or subsequent to agreement
2-3 must be submitted to the flood control district for approval under
2-4 these same provisions. The commissioners court may adopt and
2-5 enforce rules necessary to carry this subsection.
2-6 SECTION 2. This Act takes effect September 1, 1995.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded conditions of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.