By: Lindsay S.B. No. 1601
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 a county bordering on the Gulf of
1-2 Mexico or on the tidewater limits of the gulf to regulate
1-3 development in flood-prone areas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 240.901 of the Texas Local Government
1-6 Code is amended to read as follows:
1-7 (a) This state recognizes the personal hardships and
1-8 economic distress caused by flood disasters since it has become
1-9 uneconomical for the private insurance industry alone to make flood
1-10 insurance available to those in need of protection on reasonable
1-11 terms and conditions. Recognizing the burden on the nation's
1-12 resources, congress enacted the National Flood Insurance Act of
1-13 1968, under which flood insurance can be made available through the
1-14 coordinated efforts of the federal government and the private
1-15 insurance industry by pooling risks and by the positive cooperation
1-16 of state and local governments. The purpose of this subchapter is
1-17 to evidence a positive interest in securing flood insurance
1-18 coverage under the federal program, thus procuring coverage for the
1-19 citizens of this state who desire to participate, to promote the
1-20 public interest by providing appropriate protection against the
1-21 perils of flood losses, and to encourage sound land use by
2-1 minimizing exposure of property to flood losses.
2-2 (b) A county bordering on the Gulf of Mexico or on the
2-3 tidewater limits of the gulf may determine the boundaries of any
2-4 flood-prone area of the county. The suitability of that
2-5 determination is conclusively established when the commissioners
2-6 court of the county adopts a resolution finding that the area is a
2-7 flood-prone area.
2-8 (c) The commissioners court may adopt and enforce rules that
2-9 regulate the management and use of land, structures, and other
2-10 development in a flood-prone area of the county in order to reduce
2-11 the extent of damage caused by flooding. The matters to which the
2-12 rules may apply include:
2-13 (1) the floodproofing of structures located or to be
2-14 constructed in the area;
2-15 (2) the minimum elevation of a structure permitted to
2-16 be constructed or improved in the area;
2-17 (3) specifications for drainage;
2-18 (4) prohibiting the connection of land with water,
2-19 sewer, electricity, gas, or other utility service, if a structure
2-20 or other development on the land is not in compliance with a rule
2-21 adopted by the commissioners court; and
2-22 [(4)] (5) any other action feasible to minimize
2-23 flooding and rising water damage.
2-24 (d) If a commissioners court prohibits the connection of
2-25 land with water, sewer, electricity, gas, or other utility service
3-1 under Subsection (c)(4) above, then no entity or person providing
3-2 those utility services may connect the land with utility services
3-3 without written certification from the county that the property
3-4 complies with rules adopted under this section.
3-5 [(d)] (e) In this section, "flood-prone area" means an area
3-6 that is subject to damage from rising water or flooding from the
3-7 Gulf of Mexico or its tidal waters, including lakes, bays, inlets,
3-8 and lagoons.
3-9 (f) A violation of the rules adopted by a commissioners
3-10 court pursuant to the authority granted in this section or a permit
3-11 issued pursuant to the rules adopted under this section is a Class
3-12 C misdemeanor offense.
3-13 (1) A person commits an offense if the person
3-14 knowingly caused, suffered, allowed or permitted a violation of the
3-15 rules adopted under this section or a permit issued under such
3-16 rules.
3-17 (2) if it is shown on the trial of an offense under
3-18 this section that the person has previously been convicted of an
3-19 offense for violating the rules adopted under this section or a
3-20 permit issued under such rules, the offense is a Class B
3-21 misdemeanor.
3-22 (g) A commissioners court may authorize the district or
3-23 county attorney to institute a civil suit in the appropriate
3-24 district court for injunctive relief, civil penalties, or both, to
3-25 enforce the rules or a permit issued pursuant to the rules. Suit
4-1 may be authorized against any person who has a current ownership
4-2 interest and/or exercises control over the land where a violation
4-3 is located if the person has caused, suffered, allowed or permitted
4-4 the violation or if there is an eminent threat of violation of the
4-5 rules or a permit issued pursuant to the rules adopted under this
4-6 section.
4-7 (1) On application for injunctive relief and a finding
4-8 that a person is violating or threatening to violate any provision
4-9 of the rules adopted under this section or a permit issued pursuant
4-10 to the rules, the court shall grant appropriate injunctive relief
4-11 and may grant any prohibitory or mandatory injunction warranted by
4-12 the facts.
4-13 (2) A person who causes, suffers allows or permits a
4-14 violation of commissioners court rules adopted under this section
4-15 or a permit issued pursuant to duly adopted rules is subject to a
4-16 civil penalty of not less than $10.00 and not more than $100.00 for
4-17 each act of violation and for each day of violation as the court
4-18 deems warranted by the facts. The County may also seek and recover
4-19 reasonable attorneys fees from the defendant in the civil suit.
4-20 (h) A commissioners court may authorize procedures for
4-21 filing a notice, in the real property records of the county in
4-22 which a property is located, that specifically identifies any
4-23 condition on the property which the county determines violates the
4-24 rules or a permit issued pursuant to the rules. A county is not
4-25 required to initiate a lawsuit prior to filing such a notice. The
5-1 notice shall be filed solely to provide notice of the county's
5-2 determination that a violation of the rules, or a permit, exists at
5-3 the property. The certificate shall be for notice purposes only
5-4 and shall not be considered a final legal determination.
5-5 [(e)] (i) Rules and regulations adopted by counties under
5-6 this section shall comply with rules and regulations promulgated by
5-7 the Commissioner of the General Land Office under Sections 16.320
5-8 and 16.321, Water Code.
5-9 SECTION 2. This Act takes effect September 1, 1997.
5-10 SECTION 3. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended.