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