| |
| |
|
|
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. |