AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 1827 clarifies and strengthens a political subdivision's implied authority to inspect private property in a special flood hazard area for compliance with written local floodplain management zoning, or ordinances in place to enforce National Flood Insurance Program rules and regulations as established in 44 Code of Federal Regulations.

 

S.B. 1827 gives political subdivisions the explicit, rather than implied, authority to conduct inspections on private property.

 

As proposed, S.B. 1827 amends current law relating to inspections of flood-prone areas by political subdivisions.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter I, Chapter 16, Water Code, by adding Section 13.3151, as follows:

 

Sec. 16.3151.  RIGHT TO ENTER PROPERTY IN FLOOD-PRONE AREAS.  Provides that a political subdivision is authorized to enter and inspect property in a flood-prone area at any time to determine if the property is being maintained in compliance with law or with the ordinances, orders, or rules of the political subdivision that enters the property.

 

SECTION 2.  Effective date:  upon passage or September 1, 2011.