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


Senate Research CenterC.S.S.B. 1600
By: Lindsay
Natural Resources
4-10-97
Committee Report (Substituted)


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
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

As proposed, C.S.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 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 make conforming changes.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause. 





 SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends proposed Section 16.320, Water Code, to set forth an exception.
Authorizes a political subdivision to adopt rules that are more stringent
than those adopted by the commissioner, rather than providing that a
political subdivision is not precluded from establishing rules and
regulations that are stricter than those established by the commissioner. 

SECTION 2.

Amends proposed Section 16.321, Water Code, to make conforming changes.