SRC-JXG H.B. 963 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 963
76R1711 CAG-FBy: Jones, Delwin (Duncan)
Intergovernmental Relations
4/19/1999
Engrossed


DIGEST 

Currently, the filling of playa lakes by contractors in Lubbock creates
flooding problems for areas for the city. H.B. 963 would authorize the
governing body of a home-rule municipality with a population of 185,000 or
more to regulate the alteration or filling of a playa lake within the
municipality's extraterritorial jurisdiction to prevent harmful flooding or
excess surface water, and would prohibit regulations adopted under this Act
from interfering with certain agricultural practices.  

PURPOSE

As proposed, H.B. 963 regulates the alteration or filling of playa lakes
within a municipality's extraterritorial jurisdiction to prevent harmful
flooding or excess surface water, as a method of stormwater management. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 401, Local Government Code, by adding Section
401.004, as follows: 

Sec. 401.004. PROTECTION OF PLAYA LAKES BY CERTAIN HOME-RULE
MUNICIPALITIES. Defines "playa lake." Authorizes the governing body of a
home-rule municipality with a population of 185,000 or more to regulate the
alteration or filling of a playa lake within the municipality's
extraterritorial jurisdiction to prevent harmful flooding, or excess
surface water as a method for stormwater management. Provides that a
regulation adopted under this section may not interfere with normal
agricultural practices, including moving soil, berming for tail water
reuse, plowing, seeding, cultivating, and harvesting for the production of
food or fiber; or prohibit any practice or activity that does not decrease
the water holding capacity of a playa lake. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.