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


Senate Research CenterC.S.H.B. 963
76R13065 CAG-DBy: Jones, Delwin (Duncan)
Intergovernmental Relations
4/22/1999
Committee Report (Substituted)


DIGEST 

Currently, the filling of playa lakes by contractors in Lubbock creates
flooding problems for areas for the city. C.S.H.B. 963 would authorize the
governing body of a home-rule municipality with a population of 185,000 or
more to regulate the 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, C.S.H.B. 963 regulates the filling of playa lakes within a
municipality's extraterritorial jurisdiction to prevent harmful flooding or
excess surface water. 

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
filling of a playa lake within the municipality's extraterritorial
jurisdiction as a means for the effective management of stormwater runoff
to prevent harmful flooding, or excess surface water. 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.



SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 401.004, Local Government Code, to redefine "playa lake."
Authorizes the governing body of a home-rule municipality with a population
of 185,000 or more to regulate the filling of a playa lake within the
municipality's extraterritorial jurisdiction as a means for the effective
management of stormwater runoff to prevent harmful flooding, or excess
surface water. Deletes text regarding areas within the highest point of the
evaluation of the surface water of the playa lake in the event of a
100-year design storm event and the alteration of a playa lake. Deletes
text regarding stormwater management.