SRC-SLL S.B. 718 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 718
By: Duncan
Natural Resources
3-5-97
As Filed


DIGEST 

Currently, Texas law does not authorize municipalities to control harmful
excess surface water in certain playa lakes.  In certain cities, playa
lakes are an integral part of the drainage system.  The placing of fill
material in playa lakes can create problems associated with surface
drainage and increase the risk of flooding due to the decrease of holding
capacity for stormwater in these playa lake basins.  Large rainfall
amounts can fill the playas and several may overflow from one to another
forming a system of interconnected flow paths through a city or its
extraterritorial jurisdiction. Maintaining storage capacity, by
controlling filling, is critical to drainage and flood control needs. This
bill will authorize certain municipalities to control harmful excess
surface water in certain playa lakes. 

PURPOSE

As proposed, S.B. 718 authorizes certain municipalities to control harmful
excess surface water in certain playa lakes. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 230, Local Government Code, by adding Subchapter
C, as follows: 

SUBCHAPTER C.  CONTROL OF HARMFUL EXCESS SURFACE WATER BY CERTAIN
HOME-RULE MUNICIPALITIES 

Sec.  230.021.  PLAYA LAKES.  Defines "playa lake" as a flat-floored,
clayey bottom of an undrained basin that is located in an arid or
semi-arid part of the state, is naturally dry most of the year, and
collects runoff from rain but is subject to rapid evaporation.  Authorizes
the governing bodies of certain home-rule municipalities to regulate and
control the use, alteration, and development of the natural drainage
feature known as a playa lake within its extraterritorial jurisdiction in
order to prevent harmful excess surface water.  Prohibits any city
ordinance or regulation enacted pursuant to this subchapter from
interfering with normal agricultural practices. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.