SRC-HRD S.B. 1600 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1600
By: Lindsay
Natural Resources
4-7-97
As Filed


DIGEST 

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
provides that a political subdivision is not prevented from establishing
stricter rules and regulations to protect structures from flooding and
coastal erosion due to flooding. 

PURPOSE

As proposed, S.B. 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

Rulemaking authority is granted to a political subdivision under SECTIONS
1 and 2 (Section 16.320 and 16.321, Water Code), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 16.320, Water Code, to provide that a political
subdivision is not precluded from establishing rules and regulations that
are stricter than those established by the commissioner of the General
Land Office. 

SECTION 2. Amends Section 16.321, Water Code, to make conforming changes.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.