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.