By:  Lindsay                                          S.B. No. 1600

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the authority of a political subdivision to regulate

 1-2     coastal erosion and coastal flooding.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 16.320, Water Code, is amended to read as

 1-5     follows:

 1-6           Sec. 16.320.  COASTAL EROSION.  The Commissioner of the

 1-7     General Land Office is authorized to perform all acts necessary to

 1-8     develop and implement a program for certification of structures

 1-9     subject to imminent collapse due to erosion under the National

1-10     Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.).  This

1-11     program shall include administrative rules adequate to meet all

1-12     erosion-related requirements of the National Flood Insurance Act of

1-13     1968 (42 U.S.C.  Section 4001 et seq.), including the establishment

1-14     of required erosion zones in order for the state to receive

1-15     approval to administer the program.  This section shall apply to

1-16     any amendment of or law replacing Section 4013(c) of the National

1-17     Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.).

1-18     Except as otherwise provided by this section, all [All] actions

1-19     taken by political subdivisions under Section 16.315 of this code

1-20     with respect to structures in imminent danger of collapse from

1-21     coastal erosion must comply with rules and regulations adopted by

1-22     the commissioner under this section.  A political subdivision may

1-23     adopt rules that are more stringent than those adopted by the

 2-1     commissioner under this section.

 2-2           SECTION 2.  Section 16.321, Water Code, is amended to read as

 2-3     follows:

 2-4           Sec. 16.321.  COASTAL FLOODING.  The Commissioner of the

 2-5     General Land Office shall adopt and enforce reasonable rules and

 2-6     regulations necessary for protection from flooding on barrier

 2-7     islands, peninsulas, and mainland areas fronting on the Gulf of

 2-8     Mexico.  Rules and regulations adopted pursuant to this section

 2-9     shall be limited to those matters that political subdivisions are

2-10     authorized to address under Section 16.315 of this code and may not

2-11     impose requirements stricter than those established by the federal

2-12     agency administering the National Flood Insurance Act of 1968 (42

2-13     U.S.C. Section 4001 et seq.).  Except as otherwise provided by this

2-14     section, all [All] actions taken by political subdivisions under

2-15     Section 16.315 of this code with respect to flooding on barrier

2-16     islands, peninsulas, and mainland areas fronting on the Gulf of

2-17     Mexico must comply with rules and regulations adopted by the

2-18     commissioner under this section.  A political subdivision may adopt

2-19     rules that are more stringent than those adopted by the

2-20     commissioner under this section.

2-21           SECTION 3.  This Act takes effect September 1, 1997.

2-22           SECTION 4.  The importance of this legislation and the

2-23     crowded condition of the calendars in both houses create an

2-24     emergency and an imperative public necessity that the

2-25     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended.

 3-2                          COMMITTEE AMENDMENT NO. 1

 3-3           Amend SB 1600 as follows:

 3-4           On page 2, line 1, insert the following after "section":

 3-5     "provided the stricter provisions are intended to insure compliance

 3-6     with the National Flood Insurance Programs' rules, regulations and

 3-7     policies"

 3-8           On page 2, line 20, insert the following after "section":

 3-9     "provided the stricter provisions are intended to insure compliance

3-10     with the National Flood Insurance Programs' rules, regulations and

3-11     policies"

3-12                                                                  Mowery