SLC S.B. 1600 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
S.B. 1600
By: Lindsay (Bosse)
5-8-97
Committee Report (Amended)


BACKGROUND 

Currently, the commissioner of the General Land Office is authorized to
establish rules adequate to meet all erosion-related requirements of the
National Flood Insurance Act of 1968.  Certain actions taken by political
subdivisions regarding structures in imminent danger of collapse from
coastal erosion must comply with rules adopted by the commissioner.   

In addition, the commissioner is authorized to adopt and enforce
regulations necessary for protection from flooding on areas fronting the
Gulf of Mexico.  Political subdivisions are likewise authorized to
establish flood plain rules under separate statutory authorization,
including rules to ensure that structures built in flood-prone areas are
protected from flooding and structurally able to withstand flood waters.   

Political subdivisions have certain site specific conditions which make it
necessary to adopt more stringent rules to ensure that new structures are
protected from flooding.  However, the current statutory language is
unclear as to whether a political subdivision can adopt regulations which
are stricter than those of the General Land Office.  This legislation
authorizes a political subdivision to adopt rules that are more stringent
than those of the commissioner of the General Land Office in order to
protect structures from flooding and coastal erosion due to flooding. 

PURPOSE

SB 1600 provides that a political subdivision is not precluded from
establishing rules and regulations that are stricter than those
established by the General Land Office. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does expressly grants
additional rulemaking authority to a political subdivision under Sections
16.320 and 16.321, Water Code, of this bill.  This rulemaking authority
allows political subdivisions to adopt rules that are more stringent than
those adopted by the  commissioner of the GLO under these sections. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 16.320, Water Code, to require, except as
otherwise provided by this section, all actions taken by political
subdivisions under Section 16.315 of this code with respect to structures
in imminent danger of collapse from coastal erosion to comply with rules
and regulations adopted by the commission under this section.  Authorizes
a political subdivision to adopt rules that are more stringent than those
adopted by the commissioner of the General Land Office (commissioner). 

SECTION 2. Amends Section 16.321, Water Code, to require, except as
otherwise provided by this section, all actions taken by political
subdivisions under Section 16.315 of this code with respect to flooding on
barrier islands, peninsulas, and mainland areas fronting on the Gulf of
Mexico must comply with rules and regulations adopted by the commissioner
under this section. 

SECTION 3. Effective Date: September 1, 1997.

SECTION 4. Emergency Clause. 
 
EXPLANATION OF AMENDMENTS

Committee Amendment No. 1  by Mowery

Amends SB 1600 on page 2, line 1, by inserting the following language
after the word "section": 
"provided the stricter provisions are intended to insure compliance with
the National Flood Insurance Programs' rules, regulations, and policies" 

The amendment also amends SB 1600 on page 2, line 20, by inserting the
language provided above after the word "section".