86R7474 SLB-D
 
  By: Paul H.B. No. 1010
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state and regional flood planning.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 16, Water Code, is amended
  by adding Sections 16.061 and 16.062 to read as follows:
         Sec. 16.061.  STATE FLOOD PLAN. (a) Not later than
  September 1, 2021, and before the end of each successive five-year
  period after that date, the board shall prepare and adopt a state
  flood plan that incorporates the regional flood plans approved
  under Section 16.062. The state flood plan must include a ranked
  list of ongoing and proposed flood control projects organized by
  watershed.
         (b)  The board shall adopt guidance principles for the state
  flood plan. The board shall review and revise the guidance
  principles as necessary and at least every fifth year to coincide
  with the five-year cycle for adoption of a new state flood plan.
         (c)  On adoption of a state flood plan, the board shall
  deliver the plan to the:
               (1)  governor;
               (2)  lieutenant governor;
               (3)  speaker of the house of representatives; and
               (4)  appropriate legislative committees and
  legislative leadership.
         Sec. 16.062.  REGIONAL FLOOD PLANNING. (a) The board shall:
               (1)  provide technical assistance to the flood planning
  groups;
               (2)  adopt guidance principles for the regional flood
  plans, including procedures for amending adopted plans; and
               (3)  designate flood planning regions corresponding to
  each watershed.
         (b)  The board shall designate representatives from each
  flood planning region to serve as the initial flood planning group.
  The initial flood planning group may then designate additional
  representatives to serve on the flood planning group. The initial
  flood planning group shall designate additional representatives if
  necessary to ensure adequate representation from the interests in
  its region, including the general public, counties,
  municipalities, industries, agricultural interests, environmental
  interests, small businesses, electric generating utilities, river
  authorities, water districts, and water utilities. The flood
  planning group shall maintain adequate representation from those
  interests. In addition, the board, the Parks and Wildlife
  Department, the Department of Agriculture, and the State Soil and
  Water Conservation Board each shall appoint a representative to
  serve as a member of each flood planning group.
         (c)  A flood planning group shall:
               (1)  prepare a draft regional flood plan for its flood
  planning region; and
               (2)  hold public meetings in its flood planning region
  to gather from interested persons, including members of the public
  and other political subdivisions located in the flood planning
  region, suggestions and recommendations in response to the draft
  regional flood plan.
         (d)  A flood planning group shall consider the information
  collected under Subsection (c)(2) in finalizing a regional flood
  plan.
         (e)  A regional flood plan must include a list of projects,
  including technical specifications, necessary to meet the flood
  planning needs of the flood planning region for the next 10 years.
         (f)  A flood planning group shall submit its completed
  regional flood plan to the board. The board shall make a
  determination whether the regional flood plan:
               (1)  satisfies the requirements for regional flood
  plans adopted in the guidance described by Subsection (a); and
               (2)  affects a neighboring flood planning area.
         (g)  If the board makes a determination that a regional flood
  plan negatively affects a neighboring flood planning area, the
  board must coordinate with the affected area to adjust the plan to
  ensure that no neighboring area is negatively affected by the plan.
         (h)  The board shall approve a regional flood plan when it:
               (1)  satisfies the requirements of Subsection (f)(1);
  and
               (2)  does not negatively affect a neighboring flood
  planning area.
         (i)  A flood planning group may amend a regional flood plan
  after the plan has been approved by the board according to rules
  adopted by the board.
         (j)  Each flood planning group and committee or subcommittee
  of a flood planning group is subject to Chapters 551 and 552,
  Government Code.
         SECTION 2.  (a)  Not later than December 1, 2020, the Texas
  Water Development Board shall adopt guidance principles for the
  regional flood plans and designate flood planning regions
  corresponding to each watershed as required by Section 16.062,
  Water Code, as added by this Act.
         (b)  Not later than the 60th day after the date the Texas
  Water Development Board designates flood planning regions under
  Subsection (a) of this section, the board shall designate
  representatives within each flood planning region to serve as the
  initial flood planning group, as described by Section 16.062, Water
  Code, as added by this Act.
         (c)  Not later than September 1, 2021, each flood planning
  group shall submit a regional flood plan to the Texas Water
  Development Board for the group's flood planning area, as required
  by Section 16.062, Water Code, as added by this Act.
         (d)  Not later than September 1, 2022, the Texas Water
  Development Board shall approve a state flood plan, as required by
  Section 16.061, Water Code, as added by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.