1-1     By:  Lindsay                                          S.B. No. 1600

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     April 10, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 10, Nays 0; April 10, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1600                 By:  Lindsay

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the authority of a political subdivision to regulate

1-11     coastal erosion and coastal flooding.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 16.320, Water Code, is amended to read as

1-14     follows:

1-15           Sec. 16.320.  COASTAL EROSION.  The Commissioner of the

1-16     General Land Office is authorized to perform all acts necessary to

1-17     develop and implement a program for certification of structures

1-18     subject to imminent collapse due to erosion under the National

1-19     Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.).  This

1-20     program shall include administrative rules adequate to meet all

1-21     erosion-related requirements of the National Flood Insurance Act of

1-22     1968 (42 U.S.C. Section 4001 et seq.), including the establishment

1-23     of required erosion zones in order for the state to receive

1-24     approval to administer the program.  This section shall apply to

1-25     any amendment of or law replacing Section 4013(c) of the National

1-26     Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.).

1-27     Except as otherwise provided by this section, all [All] actions

1-28     taken by political subdivisions under Section 16.315 of this code

1-29     with respect to structures in imminent danger of collapse from

1-30     coastal erosion must comply with rules and regulations adopted by

1-31     the commissioner under this section.  A political subdivision may

1-32     adopt rules that are more stringent than those adopted by the

1-33     commissioner under this section.

1-34           SECTION 2.  Section 16.321, Water Code, is amended to read as

1-35     follows:

1-36           Sec. 16.321.  COASTAL FLOODING.  The Commissioner of the

1-37     General Land Office shall adopt and enforce reasonable rules and

1-38     regulations necessary for protection from flooding on barrier

1-39     islands, peninsulas, and mainland areas fronting on the Gulf of

1-40     Mexico.  Rules and regulations adopted pursuant to this section

1-41     shall be limited to those matters that political subdivisions are

1-42     authorized to address under Section 16.315 of this code and may not

1-43     impose requirements stricter than those established by the federal

1-44     agency administering the National Flood Insurance Act of 1968 (42

1-45     U.S.C. Section 4001 et seq.).  Except as otherwise provided by this

1-46     section, all [All] actions taken by political subdivisions under

1-47     Section 16.315 of this code with respect to flooding on barrier

1-48     islands, peninsulas, and mainland areas fronting on the Gulf of

1-49     Mexico must comply with rules and regulations adopted by the

1-50     commissioner under this section.  A political subdivision may adopt

1-51     rules that are more stringent than those adopted by the

1-52     commissioner under this section.

1-53           SECTION 3.  This Act takes effect September 1, 1997.

1-54           SECTION 4.  The importance of this legislation and the

1-55     crowded condition of the calendars in both houses create an

1-56     emergency and an imperative public necessity that the

1-57     constitutional rule requiring bills to be read on three several

1-58     days in each house be suspended, and this rule is hereby suspended.

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