By:  Lindsay                                          S.B. No. 1600

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the authority of political subdivisions 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.).  All

1-18     actions taken by political subdivisions under Section 16.315 of

1-19     this code with respect to structures in imminent danger of collapse

1-20     from coastal erosion must comply with rules and regulations adopted

1-21     by the commissioner under this section.  A political subdivision is

 2-1     not precluded from establishing rules and regulations that are

 2-2     stricter than those established by the Commissioner of the General

 2-3     Land Office.

 2-4           SECTION 2.  Section 16.321, Water Code, is amended to read as

 2-5     follows:

 2-6           Sec. 16.321.  Coastal Flooding.  The Commissioner of the

 2-7     General Land Office shall adopt and enforce reasonable rules and

 2-8     regulations necessary for protection from flooding on barrier

 2-9     islands, peninsulas, and mainland areas fronting on the Gulf of

2-10     Mexico.  Rules and regulations adopted pursuant to this section

2-11     shall be limited to those matters that political subdivisions are

2-12     authorized to address under Section 16.315 of this code and may not

2-13     impose requirements stricter than those established by the federal

2-14     agency administering the National Flood Insurance Act of 1968 (42

2-15     U.S.C. Section 4001 et seq.).  All actions taken by political

2-16     subdivisions under Section 16.315 of this code with respect to

2-17     flooding on barrier islands, peninsulas, and mainland areas

2-18     fronting on the Gulf of Mexico must comply with rules and

2-19     regulations adopted by the commissioner under this section.  A

2-20     political subdivision is not precluded from establishing rules and

2-21     regulations that are stricter than those established by the

2-22     Commissioner of the General Land Office.

2-23           SECTION 3.  This Act takes effect September 1, 1997.

2-24           SECTION 4.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

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