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A BILL TO BE ENTITLED
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AN ACT
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relating to compliance by political subdivisions with the |
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requirements and criteria of the National Flood Insurance Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 16.315 and 16.319, Water Code, are |
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amended to read as follows: |
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Sec. 16.315. POLITICAL SUBDIVISIONS; COMPLIANCE WITH |
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FEDERAL REQUIREMENTS. All political subdivisions are hereby |
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authorized to take all necessary and reasonable actions that are |
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not less stringent than [to comply with] the requirements and |
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criteria of the National Flood Insurance Program, including but not |
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limited to: |
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(1) making appropriate land use adjustments to |
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constrict the development of land which is exposed to flood damage |
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and minimize damage caused by flood losses; |
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(2) guiding the development of proposed future |
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construction, where practicable, away from a location which is |
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threatened by flood hazards; |
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(3) assisting in minimizing damage caused by floods; |
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(4) authorizing and engaging in continuing studies of |
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flood hazards in order to facilitate a constant reappraisal of the |
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flood insurance program and its effect on land use requirements; |
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(5) engaging in floodplain management, [and] adopting |
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and enforcing permanent land use and control measures that are not |
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less stringent than those [consistent with the criteria] |
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established under the National Flood Insurance Act, and providing |
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for the imposition of penalties on landowners who violate this |
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subchapter or rules adopted or orders issued under this subchapter; |
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(6) declaring property, when such is the case, to be in |
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violation of local laws, regulations, or ordinances which are |
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intended to discourage or otherwise restrict land development or |
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occupancy in flood-prone areas and notifying the director, or |
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whomever the director designates, of such property; |
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(7) consulting with, giving information to, and |
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entering into agreements with the Federal Emergency Management |
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Agency for the purpose of: |
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(A) identifying and publishing information with |
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respect to all flood areas, including coastal areas; and |
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(B) establishing flood-risk zones in all such |
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areas and making estimates with respect to the rates of probable |
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flood-caused loss for the various flood-risk zones for each of |
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these areas; |
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(8) cooperating with the director's studies and |
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investigations with respect to the adequacy of local measures in |
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flood-prone areas as to land management and use, flood control, |
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flood zoning, and flood damage prevention; |
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(9) taking steps, using regional, watershed, and |
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multi-objective approaches, to improve the long-range management |
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and use of flood-prone areas; |
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(10) purchasing, leasing, and receiving property from |
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the director when such property is owned by the federal government |
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and lies within the boundaries of the political subdivision |
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pursuant to agreements with the Federal Emergency Management Agency |
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or other appropriate legal representative of the United States |
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Government; |
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(11) requesting aid pursuant to the entire |
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authorization from the commission; |
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(12) satisfying criteria adopted and promulgated by |
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the commission pursuant to the National Flood Insurance Program; |
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(13) adopting permanent land use and control measures |
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with enforcement provisions that are not less stringent than [which
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are consistent with] the criteria for land management and use |
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adopted by the director; |
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(14) adopting more comprehensive floodplain |
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management rules that the political subdivision determines are |
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necessary for planning and appropriate to protect public health and |
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safety; |
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(15) participating in floodplain management and |
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mitigation initiatives such as the National Flood Insurance |
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Program's Community Rating System, Project Impact, or other |
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initiatives developed by federal, state, or local government; and |
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(16) collecting reasonable fees to cover the cost of |
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administering a local floodplain management program. |
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Sec. 16.319. QUALIFICATION. Political subdivisions |
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wishing to qualify under the National Flood Insurance Program shall |
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have the authority to do so by complying with the directions of the |
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Federal Emergency Management Agency and by: |
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(1) evidencing to the director a positive interest in |
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securing flood insurance coverage under the National Flood |
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Insurance Program; and |
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(2) giving to the director satisfactory assurance that |
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measures will have been adopted for the political subdivision that |
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[which measures] will be not less stringent than [consistent with] |
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the comprehensive criteria for land management and use developed by |
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the Federal Emergency Management Agency. |
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SECTION 2. This Act takes effect September 1, 2007. |
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