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.
1-59 * * * * *