By Cook H.B. No. 2611
77R7018 QS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to floodplain management and flood insurance; providing a
1-3 criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 16.313(2) and (3), Water Code, are
1-6 amended to read as follows:
1-7 (2) "National Flood Insurance Act" means the National
1-8 Flood Insurance Act of 1968, as amended (42 U.S.C. Sections 4001
1-9 through 4127), and the implementation and administration of the Act
1-10 by the director [Secretary] of the Federal Emergency Management
1-11 Agency [United States Department of Housing and Urban Development].
1-12 (3) "Director" ["Secretary"] means the director
1-13 [Secretary] of the Federal Emergency Management Agency [United
1-14 States Department of Housing and Urban Development].
1-15 SECTION 2. Sections 16.314 and 16.315, Water Code, are
1-16 amended to read as follows:
1-17 Sec. 16.314. COOPERATION OF COMMISSION. In recognition of
1-18 the necessity for a coordinated effort at all levels of government,
1-19 the commission shall cooperate with the Federal Emergency
1-20 Management Agency [Insurance Administrator of the United States
1-21 Department of Housing and Urban Development] in the planning and
1-22 carrying out of state participation in the National Flood Insurance
1-23 Program; however, the responsibility for qualifying for the
1-24 National Flood Insurance Program shall belong to any interested
2-1 political subdivision, whether presently in existence or created in
2-2 the future.
2-3 Sec. 16.315. POLITICAL SUBDIVISIONS; COMPLIANCE WITH
2-4 FEDERAL REQUIREMENTS. All political subdivisions are hereby
2-5 authorized to take all necessary and reasonable actions to comply
2-6 with the requirements and criteria of the National Flood Insurance
2-7 Program, including but not limited to:
2-8 (1) making appropriate land use adjustments to
2-9 constrict the development of land which is exposed to flood damage
2-10 and minimize damage caused by flood losses;
2-11 (2) guiding the development of proposed future
2-12 construction, where practicable, away from a location which is
2-13 threatened by flood hazards;
2-14 (3) assisting in minimizing damage caused by floods;
2-15 (4) authorizing and engaging in continuing studies of
2-16 flood hazards in order to facilitate a constant reappraisal of the
2-17 flood insurance program and its effect on land use requirements;
2-18 (5) engaging in floodplain management and adopting and
2-19 enforcing permanent land use and control measures consistent with
2-20 the criteria established under the National Flood Insurance Act;
2-21 (6) declaring property, when such is the case, to be
2-22 in violation of local laws, regulations, or ordinances which are
2-23 intended to discourage or otherwise restrict land development or
2-24 occupancy in flood-prone areas and notifying the director
2-25 [secretary], or whomever the director [he] designates, of such
2-26 property;
2-27 (7) consulting with, giving information to, and
3-1 entering into agreements with the Federal Emergency Management
3-2 Agency [Department of Housing and Urban Development] for the
3-3 purpose of:
3-4 (A) identifying and publishing information with
3-5 respect to all flood areas, including coastal areas; and
3-6 (B) establishing flood-risk zones in all such
3-7 areas and making estimates with respect to the rates of probable
3-8 flood-caused loss for the various flood-risk zones for each of
3-9 these areas;
3-10 (8) cooperating with the director's [secretary's]
3-11 studies and investigations with respect to the adequacy of local
3-12 measures in flood-prone areas as to land management and use, flood
3-13 control, flood zoning, and flood damage prevention;
3-14 (9) taking steps, using regional, watershed, and
3-15 multi-objective approaches, to improve the long-range management
3-16 and use of flood-prone areas;
3-17 (10) purchasing, leasing, and receiving property from
3-18 the director [secretary] when such property is owned by the federal
3-19 government and lies within the boundaries of the political
3-20 subdivision pursuant to agreements with the Federal Emergency
3-21 Management Agency [Department of Housing and Urban Development] or
3-22 other appropriate legal representative of the United States
3-23 Government;
3-24 (11) requesting aid pursuant to the entire
3-25 authorization from the commission;
3-26 (12) satisfying criteria adopted and promulgated by
3-27 the commission pursuant to the National Flood Insurance Program;
4-1 [and]
4-2 (13) adopting permanent land use and control measures
4-3 with enforcement provisions which are consistent with the criteria
4-4 for land management and use adopted by the director;
4-5 (14) adopting more comprehensive floodplain management
4-6 rules that the political subdivision determines are necessary for
4-7 planning and appropriate to protect public health and safety;
4-8 (15) participating in floodplain management and
4-9 mitigation initiatives such as the National Flood Insurance
4-10 Program's Community Rating System, Project Impact, or other
4-11 initiatives developed by federal, state, or local government; and
4-12 (16) collecting reasonable fees to cover the cost of
4-13 administering a local floodplain management program [secretary].
4-14 SECTION 3. Section 16.316(b), Water Code, is amended to read
4-15 as follows:
4-16 (b) Pursuant to the National Flood Insurance Program and
4-17 state and local efforts complementing the program, the commission
4-18 shall aid, advise, and cooperate with political subdivisions, the
4-19 Texas Department [State Board] of Insurance, and the Federal
4-20 Emergency Management Agency [United States Department of Housing
4-21 and Urban Development] when aid, advice, and cooperation are
4-22 requested or deemed advisable by the commission [board].
4-23 SECTION 4. Sections 16.317, 16.318, 16.319, 16.320, and
4-24 16.321, Water Code, are amended to read as follows:
4-25 Sec. 16.317. COOPERATION OF TEXAS DEPARTMENT [STATE BOARD]
4-26 OF INSURANCE. Pursuant to the National Flood Insurance Program, the
4-27 Texas Department [State Board] of Insurance shall aid, advise, and
5-1 cooperate with political subdivisions, the commission, and the
5-2 Federal Emergency Management Agency [United States Department of
5-3 Housing and Urban Development] when such aid, advice, and
5-4 cooperation are requested or deemed advisable by the Texas
5-5 Department [State Board] of Insurance.
5-6 Sec. 16.318. RULES. Political subdivisions which qualify for
5-7 the National Flood Insurance Program, the Texas Department [State
5-8 Board] of Insurance, and the commission may adopt and promulgate
5-9 reasonable rules which are necessary for the orderly effectuation
5-10 of the respective authorizations herein.
5-11 Sec. 16.319. QUALIFICATION. Political subdivisions wishing
5-12 to qualify under the National Flood Insurance Program shall have
5-13 the authority to do so by complying with the directions of the
5-14 Federal Emergency Management Agency [Department of Housing and
5-15 Urban Development] and by:
5-16 (1) evidencing to the director [secretary] a positive
5-17 interest in securing flood insurance coverage under the National
5-18 Flood Insurance Program; and
5-19 (2) giving to the director [secretary] satisfactory
5-20 assurance that measures will have been adopted for the political
5-21 subdivision which measures will be consistent with the
5-22 comprehensive criteria for land management and use developed by the
5-23 Federal Emergency Management Agency [Department of Housing and
5-24 Urban Development, and that the application and enforcement of such
5-25 measures will commence as soon as technical information on
5-26 floodways and on controlling elevations is available].
5-27 Sec. 16.320. COASTAL EROSION. The Commissioner of the
6-1 General Land Office is authorized to perform all acts necessary to
6-2 develop and implement a program for certification of structures
6-3 subject to imminent collapse due to erosion under the National
6-4 Flood Insurance Act [of 1968 (42 U.S.C. Section 4001 et seq.)].
6-5 This program shall include administrative rules adequate to meet
6-6 all erosion-related requirements of the National Flood Insurance
6-7 Act [of 1968 (42 U.S.C. Section 4001 et seq.)], including the
6-8 establishment of required erosion zones in order for the state to
6-9 receive approval to administer the program. This section shall
6-10 apply to any amendment of or law replacing Section 4013(c) of the
6-11 National Flood Insurance Act [of 1968 (42 U.S.C. Section 4001 et
6-12 seq.)]. Except as otherwise provided by this section, all actions
6-13 taken by political subdivisions under Section 16.315 of this code
6-14 with respect to structures in imminent danger of collapse from
6-15 coastal erosion must comply with rules and regulations adopted by
6-16 the commissioner under this section. A political subdivision may
6-17 adopt rules that are more stringent than those adopted by the
6-18 commissioner under this section, provided the stricter provisions
6-19 are intended to ensure compliance with the National Flood Insurance
6-20 Program's [Programs'] rules, regulations, and policies.
6-21 Sec. 16.321. COASTAL FLOODING. The Commissioner of the
6-22 General Land Office shall adopt and enforce reasonable rules and
6-23 regulations necessary for protection from flooding on barrier
6-24 islands, peninsulas, and mainland areas fronting on the Gulf of
6-25 Mexico. Rules and regulations adopted pursuant to this section
6-26 shall be limited to those matters that political subdivisions are
6-27 authorized to address under Section 16.315 of this code [and may
7-1 not impose requirements stricter than those established by the
7-2 federal agency administering the National Flood Insurance Act of
7-3 1968 (42 U.S.C. Section 4001 et seq.)]. Except as otherwise
7-4 provided by this section, all actions taken by political
7-5 subdivisions under Section 16.315 of this code with respect to
7-6 flooding on barrier islands, peninsulas, and mainland areas
7-7 fronting on the Gulf of Mexico must comply with rules and
7-8 regulations adopted by the commissioner under this section. A
7-9 political subdivision may adopt rules that are more stringent than
7-10 those adopted by the commissioner under this section, provided the
7-11 stricter provisions are intended to ensure compliance with the
7-12 National Flood Insurance Program's [Programs'] rules, regulations,
7-13 and policies.
7-14 SECTION 5. Subchapter I, Chapter 16, Water Code, is amended
7-15 by adding Section 16.3221 to read as follows:
7-16 Sec. 16.3221. CRIMINAL PENALTY. (a) A person commits an
7-17 offense if the person violates this subchapter.
7-18 (b) An offense under this section is a Class C misdemeanor.
7-19 (c) Each violation of this subchapter and each day of a
7-20 continuing violation is a separate offense.
7-21 SECTION 6. Section 16.323, Water Code, is amended to read as
7-22 follows:
7-23 Sec. 16.323. ENFORCEMENT BY POLITICAL SUBDIVISION [COUNTY].
7-24 (a) If it appears that a person has violated, is violating, or is
7-25 threatening to violate this subchapter or a rule adopted or order
7-26 issued under this subchapter, a political subdivision [county] may
7-27 institute a civil suit in the appropriate [a district] court for:
8-1 (1) injunctive relief to restrain the person from
8-2 continuing the violation or threat of violation, including an order
8-3 directing the person to remove illegal improvements and restore
8-4 preexisting conditions;
8-5 (2) the assessment and recovery of the civil penalty
8-6 provided by Section 16.322; or
8-7 (3) both the injunctive relief and the civil penalty.
8-8 (b) On application for injunctive relief and a finding that
8-9 a person has violated, is violating, or is threatening to violate
8-10 this subchapter or a rule adopted or order issued under this
8-11 subchapter, the [district] court shall grant the injunctive relief
8-12 that the facts warrant.
8-13 [(c) This section applies only to a county that:]
8-14 [(1) contains two or more municipalities each of which
8-15 has a population of 250,000 or more;]
8-16 [(2) has a population of 2.8 million or more; or]
8-17 [(3) has a population of 270,000 or more and is
8-18 adjacent to two or more counties each of which has a population of
8-19 one million or more.]
8-20 SECTION 7. This Act takes effect September 1, 2001.