H.B. No. 26
  relating to the notification of affected persons of certain
  releases of water from certain dams.
         SECTION 1.  Section 12.052, Water Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
  and (a-4) to read as follows:
         (a)  The commission shall make and enforce rules and orders
  and shall perform all other acts necessary to provide for the safe
  construction, operation, maintenance, repair, [and] removal, and
  emergency management of dams located in this state. In performing
  the commission's duties under this subsection, the commission shall
  identify and focus on the most hazardous dams in the state.
         (a-1)  The commission shall require the owner or operator of
  a state-regulated dam that has a spillway with gates used to
  regulate flood waters to notify local emergency operation centers
  in downstream communities when spillway releases are made to
  regulate flood waters, according to the commission's emergency
  action plan guidelines.
         (a-2)  Emergency operation centers notified under Subsection
  (a-1) shall provide notice to the public when a release may
  contribute to flooding that may result in damage to life and
  property through all available means and shall include, at a
  minimum, the following information, if available:
               (1)  the names of the dam and reservoir;
               (2)  the communities downstream that may be impacted
  and estimated time of impact;
               (3)  the names of affected river basins and
               (4)  the expected duration of the release;
               (5)  the level of potential flooding according to the
  National Weather Service River Forecast Center; and
               (6)  the roads or bridges that are expected to be
         (a-3)  A notice provided under Subsection (a-2) must include
  the following disclaimer:  "Actual flood conditions may vary
  significantly from the alert based on new or changed conditions;
  advanced alerts of changed conditions may not be possible."
         (a-4)  Notwithstanding any other defense or immunity that
  may apply, a notice provided under Subsection (a-1) or (a-2) may not
  be considered an admission of liability and may not be used as
  evidence in any suit related to the releases that are the subject of
  the notice.
         SECTION 2.  (a)  Not later than January 1, 2020, the Texas
  Commission on Environmental Quality shall provide guidance for
  developing a notification plan through a dam owner's emergency
  action plan for state-regulated dams that have a spillway with
  gates used to regulate flood waters.
         (b)  Not later than June 1, 2020, a dam owner or operator
  shall deliver the notification plan described by Subsection (a) of
  this section for each dam to the Texas Commission on Environmental
         SECTION 3.  This Act takes effect September 1, 2019.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 26 was passed by the House on April
  11, 2019, by the following vote:  Yeas 147, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 26 on May 23, 2019, by the following vote:  Yeas 141, Nays 0, 2
  present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 26 was passed by the Senate, with
  amendments, on May 17, 2019, by the following vote:  Yeas 31, Nays
  Secretary of the Senate   
  APPROVED: __________________