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".