78R8831 SGA-D


By:  Eiland                                                       H.B. No. 919

Substitute the following for H.B. No. 919:                                    

By:  Puente                                                   C.S.H.B. No. 919



A BILL TO BE ENTITLED

AN ACT

relating to the review and approval of drainage reports by certain 
special districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 49.211, Water Code, is amended by 
amending Subsection (d) and adding Subsections (e), (f), and (g) to 
read as follows:
	(d)  If a district adopts a master drainage plan under 
Subsection (c)(1), the district may adopt rules relating to review 
and approval of proposed drainage plans submitted by property 
developers.  The district, by rule, may require that a property 
developer who proposes to subdivide land located in the district, 
and who is otherwise required to obtain approval of the plat of the 
proposed subdivision from a municipality or county, submit for 
district approval a drainage report for the subdivision.  The 
drainage report must include a map containing a description of the 
land to be subdivided.  The map must show an accurate representation 
of:
		(1)  any existing drainage features, including 
drainage channels, streams, flood control improvements, and other 
facilities;
		(2)  any additional drainage facilities or connections 
to  existing drainage facilities proposed by the property 
developer's plan for the subdivision; and
		(3)  any other parts of the property developer's plan 
for the subdivision that may affect drainage [A district that 
reviews a proposed drainage plan under rules adopted under this 
subsection shall, if the district fails to approve the proposed 
plan, prepare a written report that identifies the areas that are 
not in compliance with the district's master drainage plan or rules 
adopted under Subsection (c)].
	(e)  The district shall review each drainage report 
submitted to the district under this section and shall approve a 
report if it shows compliance with:
		(1)  the requirements of this section;                                 
		(2)  the district's master drainage plan adopted under 
Subsection (c)(1); and
		(3)  the rules adopted by the district under 
Subsections (c)(2) and (d).
	(f)  On or before the 30th day after the date a drainage 
report is received, the district shall send notice of the 
district's approval or disapproval of the drainage report to:
		(1)  the property developer; and                                       
		(2)  each municipal or county authority with 
responsibility for approving the plat of the proposed subdivision.
	(g)  If the district disapproves a drainage report, the 
district shall include in the notice of disapproval a written 
statement:
		(1)  explaining the reasons for the rejection; and                     
		(2)  recommending changes, if possible, that would make 
a revised version of the drainage report acceptable for approval.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.