Amend HB 4 (Senate committee printing) by adding the
following appropriately numbered SECTION to the bill and
renumbering subsequent SECTIONS of the bill appropriately:
SECTION __. Sections 16.315 and 16.319, Water Code, are
amended to read as follows:
Sec. 16.315. POLITICAL SUBDIVISIONS; COMPLIANCE WITH
FEDERAL REQUIREMENTS. All political subdivisions are hereby
authorized to take all necessary and reasonable actions that are
not less stringent than [to comply with] the requirements and
criteria of the National Flood Insurance Program, including but not
limited to:
(1) making appropriate land use adjustments to
constrict the development of land which is exposed to flood damage
and minimize damage caused by flood losses;
(2) guiding the development of proposed future
construction, where practicable, away from a location which is
threatened by flood hazards;
(3) assisting in minimizing damage caused by floods;
(4) authorizing and engaging in continuing studies of
flood hazards in order to facilitate a constant reappraisal of the
flood insurance program and its effect on land use requirements;
(5) engaging in floodplain management, [and] adopting
and enforcing permanent land use and control measures that are not
less stringent than those [consistent with the criteria]
established under the National Flood Insurance Act, and providing
for the imposition of penalties on landowners who violate this
subchapter or rules adopted or orders issued under this subchapter;
(6) declaring property, when such is the case, to be in
violation of local laws, regulations, or ordinances which are
intended to discourage or otherwise restrict land development or
occupancy in flood-prone areas and notifying the director, or
whomever the director designates, of such property;
(7) consulting with, giving information to, and
entering into agreements with the Federal Emergency Management
Agency for the purpose of:
(A) identifying and publishing information with
respect to all flood areas, including coastal areas; and
(B) establishing flood-risk zones in all such
areas and making estimates with respect to the rates of probable
flood-caused loss for the various flood-risk zones for each of
these areas;
(8) cooperating with the director's studies and
investigations with respect to the adequacy of local measures in
flood-prone areas as to land management and use, flood control,
flood zoning, and flood damage prevention;
(9) taking steps, using regional, watershed, and
multi-objective approaches, to improve the long-range management
and use of flood-prone areas;
(10) purchasing, leasing, and receiving property from
the director when such property is owned by the federal government
and lies within the boundaries of the political subdivision
pursuant to agreements with the Federal Emergency Management Agency
or other appropriate legal representative of the United States
Government;
(11) requesting aid pursuant to the entire
authorization from the commission;
(12) satisfying criteria adopted and promulgated by
the commission pursuant to the National Flood Insurance Program;
(13) adopting permanent land use and control measures
with enforcement provisions that are not less stringent than [which
are consistent with] the criteria for land management and use
adopted by the director;
(14) adopting more comprehensive floodplain
management rules that the political subdivision determines are
necessary for planning and appropriate to protect public health and
safety;
(15) participating in floodplain management and
mitigation initiatives such as the National Flood Insurance
Program's Community Rating System, Project Impact, or other
initiatives developed by federal, state, or local government; and
(16) collecting reasonable fees to cover the cost of
administering a local floodplain management program.
Sec. 16.319. QUALIFICATION. Political subdivisions
wishing to qualify under the National Flood Insurance Program shall
have the authority to do so by complying with the directions of the
Federal Emergency Management Agency and by:
(1) evidencing to the director a positive interest in
securing flood insurance coverage under the National Flood
Insurance Program; and
(2) giving to the director satisfactory assurance that
measures will have been adopted for the political subdivision that
[which measures] will be not less stringent than [consistent with]
the comprehensive criteria for land management and use developed by
the Federal Emergency Management Agency.