SRC-JLB S.B. 860 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 860
78R8002 SRC-DBy: Wentworth
Natural Resources
3/21/2003
As Filed


DIGEST AND PURPOSE 

A Texas County with a population of 100,000 or less may maintain ditches
on real property that is not owned by the county, if the ditches connect
with a drainage ditch constructed or maintained by that county.  In some
cases, county owned drainage ditches that collect runoff from other county
owned facilities drain to ditches that are on private property, and when
the county fails to keep all ditches clear, flooding results.  As
proposed, S.B. 860 requires a county with a population of 100,000 or less
to clear ditches in platted subdivisions within 45 days of receiving a
request, and provides that a county is liable for damages if it fails to
remove a blockage within that time. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 254.008, Transportation Code, as follows:
 
Sec. 254.008.  REGULATION OF PRIVATE DITCHES IN COUNTIES OF 100,000 OR
LESS.  (a)  Provides that this section applies only in a county with a
population of 100,000 or less. 
 
  (b)  Creates this Subsection from existing text.
 
(c)  Requires the commissioners court, on the request of the record owner
of the property, to remove or provide for the removal or clearance of a
blockage of a ditch on real property not owned by the county if certain
criteria exist. 

  (d)  Redesignated from existing Subsection (b).

(e)  Requires the county, when acting to remove or clear a blockage under
Subsection (c), to ensure that the entire length of the ditch on the
property is clear to carry off to a natural waterway all water that may
collect in the ditch.  Requires the county to complete the removal before
the 45th day after the date of receipt of the request. Provides that if
the county fails to remove the blockage within that time, the county is
liable to the property owner and to adjoining property owners for the cost
of removal of the blockage and for property damage, personal injury, or
death proximately caused by the blockage. 

  (f)  Redesignated from existing Subsection (c).

  (g)  Redefines "blockage" to include silt.  Redesignated from Subsection
(d). 

SECTION 2.  Effective date:  upon passage or September 1, 2003.