86R10208 SLB-D
 
  By: Cyrier H.B. No. 4568
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consideration of floodplain maps in the permitting
  of certain solid waste facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 16, Water Code, is amended by adding
  Subchapter L to read as follows:
  SUBCHAPTER L. FLOODPLAIN MAPPING
         Sec. 16.501.  DEFINITIONS. In this subchapter:
               (1)  "Local flood map" means a map created and
  certified under this subchapter.
               (2)  "Local floodplain manager" means the individual
  responsible for carrying out a local government's floodplain
  studies and mapping programs of floodplains, flood-prone areas, and
  flood-risk zones under Section 16.316.
               (3)  "National flood map" means a map approved for use
  in the National Flood Insurance Program.
               (4)  "Political subdivision" has the meaning assigned
  by Section 16.313.
         Sec. 16.502.  LOCAL FLOOD MAP.  A local floodplain manager
  who has information regarding a floodplain, flood-prone area, or
  flood-risk zone in the manager's political subdivision that is more
  recent than the information in the national flood map used in the
  political subdivision may deliver to the board:
               (1)  a local flood map that represents the more recent
  information;
               (2)  information relevant to the creation of the local
  flood map; and
               (3)  a sworn statement that the information represented
  in the local flood map is accurate to the best of the local
  floodplain manager's knowledge.
         Sec. 16.503.  CERTIFICATION AND PUBLICATION OF LOCAL FLOOD
  MAP.  On receipt of an updated local flood map and sworn statement
  under Section 16.502, the board shall certify the map and make it
  available on the board's Internet website.
         Sec. 16.504.  LIABILITY. A local floodplain manager is not
  personally liable for damages arising from the use of information
  in a local flood map.
         Sec. 16.505.  RULES. The board shall adopt rules to
  implement this subchapter.
         SECTION 2.  Subchapter C, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.1235 to read as follows:
         Sec. 361.1235.  MUNICIPAL SOLID WASTE LANDFILLS AND TRANSFER
  STATIONS IN FLOODPLAIN. (a)  In this section, "local flood map" has
  the meaning assigned by Section 16.501, Water Code.
         (b)  The commission shall consider a local flood map in
  determining whether to issue a permit for a municipal solid waste
  landfill or transfer station to be located in a floodplain.
         SECTION 3.  Section 361.1235, Health and Safety Code, as
  added by this Act, applies only to an application for a municipal
  solid waste permit that is filed with the Texas Commission on
  Environmental Quality on or after the effective date of this Act.
  An application for a municipal solid waste permit that is pending on
  the effective date of this Act is governed by the law in effect at
  the time the application was filed, and the former law is continued
  in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2019.