SRC-SLL S.B. 1601 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1601
By: Lindsay
Natural Resources
4-7-97
As Filed


DIGEST 

Currently, several flood-prone counties in Texas participate in the
National Flood Insurance Program to enable residents of the county to
purchase flood insurance, and to be eligible for federal disaster relief
assistance.  A prerequisite to participation in this program is the
adoption and enforcement of a minimum set of flood plain management
regulations by a county.  Municipalities may ensure compliance with flood
plain rules by preventing the issuance of building permits and connection
of utility services for structures which are not in compliance with its
flood plain rules.  This bill will grant counties the same authority as
municipalities by requiring that flood plain management permits for
development in the flood plain be obtained from the county prior to
utility connection. 

PURPOSE

As proposed, S.B. 1601 grants authority to certain counties to regulate
development in flood-prone areas. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to a commissioners court in SECTION 1
(Section 240.901(c), Local Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 240.901, Local Government Code, to authorize
commissioners courts to adopt rules prohibiting the connection of land
with water, sewer, electricity, gas, or other utility service, if a
structure or other development on the land is not in compliance with a
rule adopted by the commissioners court.  Prohibits an entity or person
providing certain utilities, if a commissioners court prohibits connection
of land with certain utilities, from connecting the land with utility
services without written certification from the county that the property
complies with rules adopted under this section.  Sets forth penalties for
violation of rules adopted by a commissioners court or a permit issued
pursuant to the rules adopted under this section.  Authorizes a
commissioners court to authorize procedures for filing a notice, in the
real property records of the county in which a property if located, that
specifically identifies any condition on the property which the county
determines violates the rules or a permit issued pursuant to the rules.
Provides that a county is not required to initiate a lawsuit prior to
filing such a notice.  Requires the notice to be filed solely to provide
notice of the county's determination that a violation of the rules or a
permit exists at the property.  Requires the certificate to be for notice
purposes only and to not be considered a final legal determination. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.