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A BILL TO BE ENTITLED
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AN ACT
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relating to the notification of affected persons of certain |
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releases of water from certain dams. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.052, Water Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), |
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and (a-4) to read as follows: |
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(a) The commission shall make and enforce rules and orders |
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and shall perform all other acts necessary to provide for the safe |
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construction, operation, maintenance, repair, [and] removal, and |
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emergency management of dams located in this state. In performing |
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the commission's duties under this subsection, the commission shall |
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identify and focus on the most hazardous dams in the state. |
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(a-1) The commission shall require the owner or operator of |
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a state-regulated dam that has a spillway with gates used to |
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regulate flood waters to notify local emergency operation centers |
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in downstream communities when spillway releases are made to |
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regulate flood waters, according to the commission's emergency |
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action plan guidelines. |
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(a-2) Emergency operation centers notified under Subsection |
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(a-1) shall provide notice to the public when a release may |
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contribute to flooding that may result in damage to life and |
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property through all available means and shall include, at a |
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minimum, the following information, if available: |
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(1) the names of the dam and reservoir; |
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(2) the communities downstream that may be impacted |
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and estimated time of impact; |
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(3) the names of affected river basins and |
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tributaries; |
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(4) the expected duration of the release; |
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(5) the level of potential flooding according to the |
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National Weather Service River Forecast Center; and |
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(6) the roads or bridges that are expected to be |
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affected. |
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(a-3) A notice provided under Subsection (a-2) must include |
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the following disclaimer: "Actual flood conditions may vary |
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significantly from the alert based on new or changed conditions; |
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advanced alerts of changed conditions may not be possible." |
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(a-4) Notwithstanding any other defense or immunity that |
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may apply, a notice provided under Subsection (a-1) or (a-2) may not |
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be considered an admission of liability and may not be used as |
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evidence in any suit related to the releases that are the subject of |
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the notice. |
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SECTION 2. (a) Not later than January 1, 2020, the Texas |
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Commission on Environmental Quality shall provide guidance for |
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developing a notification plan through a dam owner's emergency |
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action plan for state-regulated dams that have a spillway with |
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gates used to regulate flood waters. |
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(b) Not later than June 1, 2020, a dam owner or operator |
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shall deliver the notification plan described by Subsection (a) of |
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this section for each dam to the Texas Commission on Environmental |
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Quality. |
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SECTION 3. This Act takes effect September 1, 2019. |
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