By Hochberg                                           H.B. No. 2787
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to cooperation between the Texas Department of
    1-3  Transportation and local officials in flood-prone areas.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 6673g, Revised Statutes, as added by
    1-6  Chapter 551, Acts of the 72nd Legislature, Regular Session, 1991,
    1-7  is amended by adding a new Section 5 to read as follows:
    1-8        Sec. 5.  In a county covered under the provisions of Section
    1-9  240.901, Local Government Code, and having more than 2.5 million
   1-10  inhabitants according to the most recent decennial federal census,
   1-11  the Department must submit plans for any road project or other
   1-12  major facility that would affect drainage from the property on
   1-13  which the project is located or affect the drainage pattern from
   1-14  adjacent properties in a manner that might increase the potential
   1-15  for flooding, to the county flood control district for approval
   1-16  prior to commencing construction of the project.  The flood control
   1-17  district must determine whether the project will increase the
   1-18  potential for flooding of any property within the county, and if it
   1-19  so determines, the project may not be constructed until it is
   1-20  modified in a manner wherein the flood control district determines
   1-21  that no such threat of flooding is present.  If the flood control
   1-22  district initially determines that there is no such risk, the
   1-23  project may proceed as planned unless modified.  Any modification
    2-1  to a project that has been approved either initially or subsequent
    2-2  to agreement must be submitted to the flood control district for
    2-3  approval under these same provisions.  The commissioners court of
    2-4  each affected county may adopt and and enforce rules necessary to
    2-5  carry out the provisions of this subsection.
    2-6        SECTION 2.  The importance of this legislation and the
    2-7  crowded conditions of the calendars in both houses create an
    2-8  emergency and an imperative public necessity that the
    2-9  constitutional rule requiring bills to be read on three several
   2-10  days in each house be suspended, and this rule is hereby suspended,
   2-11  and that this Act take effect and be in force from and after its
   2-12  passage, and it is so enacted.