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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of authority for dam safety and levee |
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management from the Texas Commission on Environmental Quality to |
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the division of emergency management in the office of the governor |
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and the transfer of authority for the National Flood Insurance |
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Program from the commission to the Texas Water Development Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.013(a), Water Code, is amended to read |
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as follows: |
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(a) The commission has general jurisdiction over: |
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(1) water and water rights including the issuance of |
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water rights permits, water rights adjudication, cancellation of |
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water rights, and enforcement of water rights; |
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(2) continuing supervision over districts created |
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under Article III, Sections 52(b)(1) and (2), and Article XVI, |
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Section 59, of the Texas Constitution; |
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(3) the state's water quality program including |
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issuance of permits, enforcement of water quality rules, standards, |
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orders, and permits, and water quality planning; |
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(4) the determination of the feasibility of certain |
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federal projects; |
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(5) [the adoption and enforcement of rules and
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performance of other acts relating to the safe construction,
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maintenance, and removal of dams;
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[(6)] conduct of the state's hazardous spill |
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prevention and control program; |
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(6) [(7)] the administration of the state's program |
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relating to inactive hazardous substance, pollutant, and |
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contaminant disposal facilities; |
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(7) [(8)] the administration of a portion of the |
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state's injection well program; |
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(8) [(9)] the administration of the state's programs |
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involving underground water and water wells and drilled and mined |
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shafts; |
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(9) [(10)] the state's responsibilities relating to |
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regional waste disposal; |
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(10) [(11)] the responsibilities assigned to the |
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commission by Chapters 361, 363, 382, and 401, Health and Safety |
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Code; |
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(11) [(12) the administration of the national flood
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insurance program;
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[(13)] administration of the state's water rate |
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program under Chapter 13 [of this code]; and |
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(12) [(14)] any other areas assigned to the commission |
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by this code and other laws of this state. |
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SECTION 2. Sections 11.0842(a) and (b), Water Code, are |
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amended to read as follows: |
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(a) If a person violates this chapter, a rule or order |
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adopted under this chapter [or Section 16.236 of this code], or a |
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permit, certified filing, or certificate of adjudication issued |
|
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under this chapter, the commission may assess an administrative |
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penalty against that person as provided by this section. |
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(b) The penalty may be in an amount not to exceed $5,000 for |
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each day the person is in violation of this chapter, the rule or |
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order adopted under this chapter, or the permit, certified filing, |
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or certificate of adjudication issued under this chapter. [The
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penalty may be in an amount not to exceed $1,000 for each day the
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person is in violation of the rule or order adopted under Section
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16.236 of this code.] Each day a violation continues may be |
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considered a separate violation for purposes of penalty assessment. |
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SECTION 3. Section 11.126(c), Water Code, is amended to |
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read as follows: |
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(c) If the application proposes construction of a dam |
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greater than six feet in height either for diversion or storage, the |
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executive director may also require filing a copy of all plans and |
|
|
specifications and a copy of the engineer's field notes of any |
|
|
survey of the lake or reservoir. No work on the project shall |
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proceed until the applicant submits plans to the executive director |
|
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that have been approved by the division of emergency management in |
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the office of the governor [approval of the plans is obtained from
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the executive director]. |
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SECTION 4. Chapter 418, Government Code, is amended by |
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adding Subchapter I with a heading to read as follows: |
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SUBCHAPTER I. DAM SAFETY AND LEVEE MANAGEMENT |
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SECTION 5. Section 12.052, Water Code, is transferred to |
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Subchapter I, Chapter 418, Government Code, as added by this Act, |
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redesignated as Section 418.201, Government Code, and amended to |
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read as follows: |
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Sec. 418.201 [12.052]. DAM SAFETY. (a) The division |
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[commission] shall make and enforce rules and orders and shall |
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perform all other acts necessary to provide for the safe |
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|
construction, maintenance, repair, and removal of dams located in |
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|
this state. |
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(b) Rules and orders made by the division [commission] shall |
|
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be made after proper notice and hearing as provided in the rules of |
|
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the division [commission]. |
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(c) If the owner of a dam that is required to be constructed, |
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reconstructed, repaired, or removed in order to comply with the |
|
|
rules and orders promulgated under Subsection (a) [of this section] |
|
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wilfully fails or refuses to comply within the 30-day period |
|
|
following the date of the division's [commission's] final, |
|
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nonappealable order to do so or if a person wilfully fails to comply |
|
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with any rule or other order issued by the division [commission] |
|
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under this section within the 30-day period following the effective |
|
|
date of the order, the owner or person [he] is liable to a penalty of |
|
|
not more than $5,000 a day for each day the owner or person [he] |
|
|
continues to violate this section. The state may recover the |
|
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penalty by suit brought for that purpose in the district court of |
|
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Travis County. |
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(d) If the division [commission] determines that the |
|
|
existing condition of the dam is creating or will cause extensive or |
|
|
severe property damage or economic loss to others or is posing an |
|
|
immediate and serious threat to human life or health and that other |
|
|
procedures available to the division [commission] to remedy or |
|
|
prevent the occurrence of the situation will result in unreasonable |
|
|
delay, the division [commission] may issue an emergency order, |
|
|
either mandatory or prohibitory in nature, directing the owner of a |
|
|
dam to repair, modify, maintain, dewater, or remove the dam which |
|
|
the division [commission] determines is unsafe. The emergency |
|
|
order may be issued without notice to the dam owner or with notice |
|
|
the division [commission] considers practicable under the |
|
|
circumstances. The notice does not have to comply with Chapter |
|
|
2001[, Government Code]. |
|
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(e) If the division [commission] issues an emergency order |
|
|
under authority of this section without notice to the dam owner, the |
|
|
division [commission] shall fix a time and place for a hearing which |
|
|
shall be held as soon as practicable to affirm, modify, or set aside |
|
|
the emergency order. The notice does not have to comply with |
|
|
Chapter 2001[, Government Code]. If the nature of the division's |
|
|
[commission's] action requires further proceedings, those |
|
|
proceedings shall be conducted as appropriate under Chapter 2001 |
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|
[the Administrative Procedure and Texas Register Act, as amended
|
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(Article 6252-13a, Vernon's Texas Civil Statutes)]. |
|
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(f) Nothing in this section or in rules or orders made by the |
|
|
division [commission] shall be construed to relieve an owner or |
|
|
operator of a dam or reservoir of the legal duties, obligations, or |
|
|
liabilities incident to ownership or operation. |
|
|
SECTION 6. Section 11.144, Water Code, is transferred to |
|
|
Subchapter I, Chapter 418, Government Code, as added by this Act, |
|
|
redesignated as Section 418.202, Government Code, and amended to |
|
|
read as follows: |
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Sec. 418.202 [11.144]. APPROVAL FOR ALTERATIONS. All |
|
|
holders of permits and certified filings issued under Chapter 11, |
|
|
Water Code, shall obtain the approval of the division [commission] |
|
|
before making any alterations, enlargements, extensions, or other |
|
|
changes to any reservoir, dam, main canal, or diversion work on |
|
|
which a permit has been granted or a certified filing recorded. A |
|
|
detailed statement and plans for alterations or changes shall be |
|
|
approved by the division and filed with the Texas Commission on |
|
|
Environmental Quality [commission and approved by the executive
|
|
|
director] before the alterations or changes are made. This section |
|
|
does not apply to the ordinary maintenance or emergency repair of |
|
|
the facility. |
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|
SECTION 7. Sections 16.231, 16.232, 16.233, 16.234, 16.235, |
|
|
16.236, and 16.237, Water Code, are transferred to Subchapter I, |
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|
Chapter 418, Government Code, as added by this Act, redesignated as |
|
|
Sections 418.203, 418.204, 418.205, 418.206, 418.207, 418.208, and |
|
|
418.209, Government Code, respectively, and amended to read as |
|
|
follows: |
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|
Sec. 418.203 [16.231]. DESIGN OF IMPROVEMENTS OR SYSTEM OF |
|
|
IMPROVEMENTS. Insofar as possible, improvements necessary to |
|
|
reclaim overflowed land, swampland, and other land in this state |
|
|
that is not suitable for use because of temporary or permanent |
|
|
excessive accumulation of water on or contiguous to the land for |
|
|
agricultural or other use shall be designed with primary |
|
|
consideration to the topographic and hydrographic conditions and in |
|
|
such a manner that each division of a project shall be a complete, |
|
|
united project forming a coordinate part of an ultimately finished |
|
|
series of projects so constituted that the successful operation of |
|
|
each united project shall coordinate with the successful operation |
|
|
of other projects within the same hydraulic influence. |
|
|
Sec. 418.204 [16.232]. LOCATION OF PROJECTS; REPORTS. The |
|
|
division [executive director] shall maintain files reflecting |
|
|
engineering reports, studies, drawings, and staff findings and |
|
|
recommendations pertaining to the location and effect of |
|
|
reclamation projects. |
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|
Sec. 418.205 [16.233]. COOPERATION WITH OTHER AGENCIES. In |
|
|
performing functions that are a part of duties assigned to the |
|
|
division [commission] or the Texas Water Development Board [board] |
|
|
by this subchapter, the Water Code, [code] or other law, the |
|
|
division [executive director, with the approval of the commission,] |
|
|
or the executive administrator of the Texas Water Development |
|
|
Board, with the approval of the board, may confer with federal and |
|
|
state agencies and with political subdivisions and may execute |
|
|
cooperative agreements with them. The division [executive
|
|
|
director] or executive administrator may cancel any such agreement |
|
|
on 10 days notice to the other party. |
|
|
Sec. 418.206 [16.234]. ADVICE TO DISTRICTS. The division |
|
|
[executive director] shall confer with districts requesting |
|
|
technical advice on the adequate execution of proposed levee and |
|
|
drainage improvements. |
|
|
Sec. 418.207 [16.235]. DISTRICTS TO FILE INFORMATION WITH |
|
|
DIVISION [COMMISSION]. Immediately before having its bonds |
|
|
approved by the attorney general, each drainage district and levee |
|
|
improvement district shall file with the division [commission], on |
|
|
forms furnished by the division [commission], a complete record |
|
|
showing each step in the organization of the district, the amount of |
|
|
bonds to be issued, and a description of the area and boundaries of |
|
|
the district, accompanied by plans, maps, and profiles of |
|
|
improvements and the district engineer's estimates and reports on |
|
|
them. |
|
|
Sec. 418.208 [16.236]. CONSTRUCTION OF LEVEE WITHOUT |
|
|
APPROVAL OF PLANS; LEVEE SAFETY. (a) No person may construct, |
|
|
attempt to construct, cause to be constructed, maintain, or cause |
|
|
to be maintained any levee or other such improvement on, along, or |
|
|
near any stream of this state that is subject to floods, freshets, |
|
|
or overflows so as to control, regulate, or otherwise change the |
|
|
floodwater of the stream without first obtaining approval of the |
|
|
plans by the division [commission]. |
|
|
(b) The division [commission] shall make and enforce rules |
|
|
and orders and shall perform all other acts necessary to provide for |
|
|
the safe construction, maintenance, repair, and removal of levees |
|
|
located in this state. |
|
|
(c) If the owner of a levee that is required to be |
|
|
constructed, reconstructed, repaired, or removed to comply with the |
|
|
rules and orders promulgated under this section wilfully fails or |
|
|
refuses to comply within the 30-day period following the date of an |
|
|
order of the division [commission] requiring such action or |
|
|
compliance or if a person wilfully fails to comply with any rule or |
|
|
order issued by the division [commission] under this section within |
|
|
the 30-day period following the effective date of the order, the |
|
|
person is liable for a penalty of not more than $1,000 a day for each |
|
|
day the person continues to violate this section. The state may |
|
|
recover the penalty by suit brought for that purpose in a district |
|
|
court of Travis County. |
|
|
(d) If the division [commission] determines that the |
|
|
existing condition of a levee is creating or will cause extensive or |
|
|
severe property damage or economic loss to others or is posing an |
|
|
immediate and serious threat to human life or health and that other |
|
|
procedures available to the division [commission] to remedy or |
|
|
prevent such property damage or economic loss will result in |
|
|
unreasonable delay, the division [commission] may issue an |
|
|
emergency order, either mandatory or prohibitory in nature, |
|
|
directing the owner of the levee to repair, modify, maintain, |
|
|
dewater, or remove the levee which the division [commission] |
|
|
determines is unsafe. The emergency order may be issued without |
|
|
notice to the levee owner or with notice the division [commission] |
|
|
considers practicable under the circumstances. |
|
|
(e) If the division [commission] issues an emergency order |
|
|
under authority of this section without notice to the levee owner, |
|
|
the division [commission] shall fix a time and place for a hearing, |
|
|
to be held as soon as practicable but not later than 20 days after |
|
|
the emergency order is authorized, to affirm, modify, or set aside |
|
|
the emergency order. If the nature of the division's [commission's] |
|
|
action requires further proceedings, those proceedings shall be |
|
|
conducted, as appropriate, under Chapter 2001[, Government Code]. |
|
|
(f) Nothing in this section or in rules or orders adopted by |
|
|
the division [commission] shall be construed to relieve an owner or |
|
|
operator of a levee of the legal duties, obligations, or |
|
|
liabilities incident to ownership or operation. |
|
|
(g) Any person who violates any provision of Subsection (a) |
|
|
[of this section] is guilty of a Class C misdemeanor and upon |
|
|
conviction is punishable by a fine of not more than $1,000. A |
|
|
separate offense is committed each day a structure constructed in |
|
|
violation of this section is maintained. |
|
|
(h) Subsection (a) [of this section] does not apply to: |
|
|
(1) any dam, reservoir, or canal system associated |
|
|
with a water right issued or recognized by the Texas Commission on |
|
|
Environmental Quality [commission]; |
|
|
(2) dams authorized by Section 11.142, Water Code [of
|
|
|
this code]; |
|
|
(3) a levee or other improvement within the corporate |
|
|
limits of a city or town provided: (a) plans for the construction or |
|
|
maintenance or both must be approved by the city or town as a |
|
|
condition precedent to starting the project and (b) the city or town |
|
|
requires that such plans be in substantial compliance with rules |
|
|
and standards adopted by the division [commission]; |
|
|
(4) a levee or other improvement within the boundaries |
|
|
of any political subdivision which has qualified for the National |
|
|
Flood Insurance Program as authorized by the National Flood |
|
|
Insurance Act of 1968 (Title 42, U.S.C., Sections 4001-4127) |
|
|
provided: (a) plans for the construction or maintenance or both |
|
|
must be approved by the political subdivision which is |
|
|
participating in the national flood insurance program as a |
|
|
condition precedent to starting the project and (b) the political |
|
|
subdivision requires that such plans be in substantial compliance |
|
|
with rules and standards adopted by the division [commission]; |
|
|
(5) projects implementing soil and water conservation |
|
|
practices set forth in a conservation plan with a landowner or |
|
|
operator and approved by the governing board of a soil and water |
|
|
conservation district organized under Chapter 201, Agriculture |
|
|
Code [the State Soil Conservation Law, as amended (Article 165a-4,
|
|
|
Vernon's Texas Civil Statutes)], provided that the governing board |
|
|
finds the practices do not significantly affect stream flooding |
|
|
conditions on, along, or near a state stream; or |
|
|
(6) any levee or other improvement constructed outside |
|
|
of the 100-year floodway. For the purposes of this section, |
|
|
"100-year floodway" is defined as the channel of a stream and the |
|
|
adjacent land areas that must be reserved in order to discharge the |
|
|
100-year flood without cumulatively increasing the water surface |
|
|
elevation more than one foot above the 100-year flood elevation |
|
|
prior to encroachment. |
|
|
(i) On projects located within the corporate limits of a |
|
|
city or town or within the boundaries of any political subdivision |
|
|
which are exempt from the provisions of Subsection (a) [of this
|
|
|
section] by [Subdivision (3) or (4) of] Subsection (h)(3) or (4) |
|
|
[(h) of this section], any person whose property is located outside |
|
|
of the corporate limits of such city or town or of the boundaries of |
|
|
such a political subdivision and whose property is affected or |
|
|
potentially affected by the effect of the project on the |
|
|
floodwaters of the stream may appeal the decision of such political |
|
|
subdivision. The appeal shall be in writing and shall specify the |
|
|
grounds therefor and a copy shall be sent by certified mail to the |
|
|
project applicant and to the city or town or such political |
|
|
subdivision. The timely filing of such an appeal with the division |
|
|
[executive director] suspends the decision of the city or town or |
|
|
political subdivision until a final decision is rendered by the |
|
|
division [commission]. The division [executive director] shall |
|
|
review the complaint and investigate the facts surrounding the |
|
|
nature of the complaint. If the division [executive director] |
|
|
finds that the complaint is frivolous or nonmeritorious or made |
|
|
solely for purposes of harassment or delay, the division [then he] |
|
|
shall dismiss the appeal. Otherwise, the division [executive
|
|
|
director shall refer the appeal to the commission which] shall, |
|
|
after due notice, hold a hearing to determine whether the project |
|
|
should be approved using the standards established by the division |
|
|
[commission] and shall hear such appeal de novo under the |
|
|
procedural rules established by the division [commission] for other |
|
|
reclamation projects. |
|
|
Sec. 418.209 [16.237]. ADMINISTRATIVE PENALTY; CIVIL |
|
|
REMEDY. (a) If a person violates Section 418.202 or a division |
|
|
[commission] rule or order adopted under Section 418.208 [16.236 of
|
|
|
this code], the division [commission] may assess an administrative |
|
|
penalty against that person in the same manner that the Texas |
|
|
Commission on Environmental Quality may assess an administrative |
|
|
penalty as provided by Section 11.0842, Water Code, except that the |
|
|
amount of the penalty for a violation of a division rule or order |
|
|
adopted under Section 418.208 may not exceed $1,000 for each day the |
|
|
person is in violation of the rule or order [of this code]. |
|
|
(b) Nothing in this subchapter [chapter] affects the right |
|
|
of any private corporation, individual, or political subdivision |
|
|
that has a justiciable interest in pursuing any available |
|
|
common-law remedy to enforce a right or to prevent or seek redress |
|
|
or compensation for the violation of a right or otherwise redress an |
|
|
injury. |
|
|
SECTION 8. Sections 16.314, 16.315, 16.316, 16.317, and |
|
|
16.318, Water Code, are amended to read as follows: |
|
|
Sec. 16.314. COOPERATION OF BOARD [COMMISSION]. In |
|
|
recognition of the necessity for a coordinated effort at all levels |
|
|
of government, the board [commission] shall cooperate with the |
|
|
Federal Emergency Management Agency in the planning and carrying |
|
|
out of state participation in the National Flood Insurance Program; |
|
|
however, the responsibility for qualifying for the National Flood |
|
|
Insurance Program shall belong to any interested political |
|
|
subdivision, whether presently in existence or created in the |
|
|
future. |
|
|
Sec. 16.315. POLITICAL SUBDIVISIONS; COMPLIANCE WITH |
|
|
FEDERAL REQUIREMENTS. All political subdivisions are hereby |
|
|
authorized to take all necessary and reasonable actions 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 consistent with |
|
|
the criteria established under the National Flood Insurance Act; |
|
|
(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 board [commission]; |
|
|
(12) satisfying criteria adopted and promulgated by |
|
|
the board [commission] pursuant to the National Flood Insurance |
|
|
Program; |
|
|
(13) adopting permanent land use and control measures |
|
|
with enforcement provisions 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. 16.316. COORDINATION OF LOCAL, STATE, AND FEDERAL |
|
|
PROGRAMS BY BOARD [COMMISSION]. (a) The board [commission] shall |
|
|
aid, advise, and coordinate the efforts of present and future |
|
|
political subdivisions endeavoring to qualify for participation in |
|
|
the National Flood Insurance Program. |
|
|
(b) Pursuant to the National Flood Insurance Program and |
|
|
state and local efforts complementing the program, the board |
|
|
[commission] shall aid, advise, and cooperate with political |
|
|
subdivisions, the Texas Department of Insurance, and the Federal |
|
|
Emergency Management Agency when aid, advice, and cooperation are |
|
|
requested or deemed advisable by the board [commission]. |
|
|
(c) The aforementioned aid may include but is not |
|
|
necessarily limited to: |
|
|
(1) coordinating local, state, and federal programs |
|
|
relating to floods, flood losses, and floodplain management; |
|
|
(2) evaluating the present structure of all federal, |
|
|
state, and political subdivision flood control programs within or |
|
|
adjacent to the state, including an assessment of the extent to |
|
|
which public and private floodplain management activities have been |
|
|
instituted; |
|
|
(3) carrying out studies with respect to the adequacy |
|
|
of present public and private measures, laws, regulations, and |
|
|
ordinances in flood-prone areas as to land management and use, |
|
|
flood control, flood zoning, and flood damage prevention; |
|
|
(4) evaluating all available engineering, hydrologic, |
|
|
and geologic data relevant to flood-prone areas and flood control |
|
|
in those areas; and |
|
|
(5) carrying out floodplain studies and mapping |
|
|
programs of floodplains, flood-prone areas, and flood-risk zones. |
|
|
(d) On the basis of such studies and evaluations, the board |
|
|
[commission], to the extent of its capabilities, shall periodically |
|
|
identify and publish information and maps with respect to all |
|
|
floodplain areas, including the state's coastal area, which have |
|
|
flood hazards, and where possible aid the federal government in |
|
|
identifying and establishing flood-risk zones in all such areas. |
|
|
Sec. 16.317. COOPERATION OF TEXAS DEPARTMENT OF INSURANCE. |
|
|
Pursuant to the National Flood Insurance Program, the Texas |
|
|
Department of Insurance shall aid, advise, and cooperate with |
|
|
political subdivisions, the board [commission], and the Federal |
|
|
Emergency Management Agency when such aid, advice, and cooperation |
|
|
are requested or deemed advisable by the Texas Department of |
|
|
Insurance. |
|
|
Sec. 16.318. RULES. Political subdivisions which qualify |
|
|
for the National Flood Insurance Program, the Texas Department of |
|
|
Insurance, and the board [commission] may adopt and promulgate |
|
|
reasonable rules which are necessary for the orderly effectuation |
|
|
of the respective authorizations herein. |
|
|
SECTION 9. The heading to Subchapter G, Chapter 16, Water |
|
|
Code, is repealed. |
|
|
SECTION 10. (a) On January 1, 2008, the following are |
|
|
transferred from the Texas Commission on Environmental Quality to |
|
|
the division of emergency management in the office of the governor: |
|
|
(1) the powers, duties, functions, programs, and |
|
|
activities of the Texas Commission on Environmental Quality |
|
|
relating to the safe construction, maintenance, and removal of |
|
|
dams; |
|
|
(2) all obligations and contracts of the Texas |
|
|
Commission on Environmental Quality relating to a power, duty, |
|
|
function, program, or activity transferred under this subsection; |
|
|
(3) all property and records in the custody of the |
|
|
Texas Commission on Environmental Quality relating to a power, |
|
|
duty, function, program, or activity transferred under this |
|
|
subsection and all funds appropriated by the legislature for that |
|
|
power, duty, function, program, or activity; and |
|
|
(4) all personnel of the Texas Commission on |
|
|
Environmental Quality whose functions predominantly involve |
|
|
powers, duties, obligations, functions, and activities related to |
|
|
the safe construction, maintenance, and removal of dams. |
|
|
(b) A rule or form adopted by the Texas Commission on |
|
|
Environmental Quality relating to a power, duty, function, program, |
|
|
or activity transferred under Subsection (a) of this section is a |
|
|
rule or form of the division of emergency management in the office |
|
|
of the governor and remains in effect until altered by the division. |
|
|
(c) A reference in law to the Texas Commission on |
|
|
Environmental Quality relating to a power, duty, function, program, |
|
|
or activity transferred under Subsection (a) of this section means |
|
|
the division of emergency management in the office of the governor. |
|
|
SECTION 11. The Texas Commission on Environmental Quality |
|
|
and the division of emergency management in the office of the |
|
|
governor shall enter into a memorandum of understanding that: |
|
|
(1) identifies in detail the applicable powers and |
|
|
duties that are transferred to the division of emergency management |
|
|
in the office of the governor by this Act; and |
|
|
(2) establishes a plan for the identification and |
|
|
transfer of the records, personnel, property, and unspent |
|
|
appropriations of the Texas Commission on Environmental Quality |
|
|
that are used for purposes of the commission's powers and duties |
|
|
related to the safe construction, maintenance, and removal of dams. |
|
|
SECTION 12. (a) On January 1, 2008, the following are |
|
|
transferred from the Texas Commission on Environmental Quality to |
|
|
the Texas Water Development Board: |
|
|
(1) the powers, duties, functions, programs, and |
|
|
activities of the Texas Commission on Environmental Quality |
|
|
relating to the administration of the National Flood Insurance |
|
|
Program; |
|
|
(2) all obligations and contracts of the Texas |
|
|
Commission on Environmental Quality relating to a power, duty, |
|
|
function, program, or activity transferred under this subsection; |
|
|
(3) all property and records in the custody of the |
|
|
Texas Commission on Environmental Quality relating to a power, |
|
|
duty, function, program, or activity transferred under this |
|
|
subsection and all funds appropriated by the legislature for that |
|
|
power, duty, function, program, or activity; and |
|
|
(4) all personnel of the Texas Commission on |
|
|
Environmental Quality whose functions predominantly involve |
|
|
powers, duties, obligations, functions, and activities related to |
|
|
the administration of the National Flood Insurance Program. |
|
|
(b) A rule or form adopted by the Texas Commission on |
|
|
Environmental Quality relating to a power, duty, function, program, |
|
|
or activity transferred under Subsection (a) of this section is a |
|
|
rule or form of the Texas Water Development Board and remains in |
|
|
effect until altered by the board. |
|
|
(c) A reference in law to the Texas Commission on |
|
|
Environmental Quality relating to a power, duty, function, program, |
|
|
or activity transferred under Subsection (a) of this section means |
|
|
the Texas Water Development Board. |
|
|
SECTION 13. The Texas Commission on Environmental Quality |
|
|
and the Texas Water Development Board shall enter into a memorandum |
|
|
of understanding that: |
|
|
(1) identifies in detail the applicable powers and |
|
|
duties that are transferred to the Texas Water Development Board by |
|
|
this Act; and |
|
|
(2) establishes a plan for the identification and |
|
|
transfer of the records, personnel, property, and unspent |
|
|
appropriations of the Texas Commission on Environmental Quality |
|
|
that are used for purposes of the commission's powers and duties |
|
|
related to the administration of the National Flood Insurance |
|
|
Program. |
|
|
SECTION 14. 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, 2007. |