| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to compliance by political subdivisions with the |
|
|
requirements and criteria of the National Flood Insurance Program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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 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. |
|
|
SECTION 2. This Act takes effect September 1, 2007. |