By: Eiland (Senate Sponsor - Armbrister) H.B. No. 919
(In the Senate - Received from the House May 5, 2003;
May 7, 2003, read first time and referred to Committee on Natural
Resources; May 19, 2003, reported favorably by the following vote:
Yeas 9, Nays 0; May 19, 2003, sent to printer.)
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.
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