AN ACT

 1-1     relating to the authority of certain coastal counties to regulate

 1-2     development in flood-prone areas.

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

 1-4           SECTION 1.  Section 240.901, Local Government Code, is

 1-5     amended by amending Subsection (c) and adding Subsections (f) and

 1-6     (g) to read as follows:

 1-7           (c)  The commissioners court may adopt and enforce rules that

 1-8     regulate the management and use of land, structures, and other

 1-9     development in a flood-prone area of the county in order to reduce

1-10     the extent of damage caused by flooding.  The matters to which the

1-11     rules may apply include:

1-12                 (1)  the floodproofing of structures located or to be

1-13     constructed in the area;

1-14                 (2)  the minimum elevation of a structure permitted to

1-15     be constructed or improved in the area;

1-16                 (3)  specifications for drainage; [and]

1-17                 (4)  the prohibition of the connection of land with

1-18     water, sewer, electricity, and gas utility service, if a structure

1-19     or other development on the land is not in compliance with a rule

1-20     adopted by the commissioners court; and

1-21                 (5)  any other action feasible to minimize flooding and

1-22     rising water damage.

1-23           (f)  If the commissioners court prohibits the connection of

 2-1     land with water, sewer, electricity, and gas utility service under

 2-2     Subsection (c)(4), a person may not provide utility services that

 2-3     connect the land with utility services without written

 2-4     certification from the county that the property complies with rules

 2-5     adopted under this section.

 2-6           (g)  A commissioners court may authorize procedures for

 2-7     filing a notice in the real property records of the county in which

 2-8     a property is located that identifies any condition on the property

 2-9     that the county determines violates the rules adopted under this

2-10     section or a permit issued under this section.  The notice is not a

2-11     final legal determination and is meant only to provide notice of

2-12     the county's determination that a violation of the rules or a

2-13     permit exists on the property.  The notice must include a

2-14     description legally sufficient for identification of the property

2-15     and the name of the owner of the property.

2-16           SECTION 2.  This Act takes effect September 1, 1997.

2-17           SECTION 3.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1601 passed the Senate on

         April 24, 1997, by the following vote:  Yeas 29, Nays 0; and that

         the Senate concurred in House amendments on May 15, 1997, by a

         viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1601 passed the House, with

         amendments, on May 13, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor