By: Perry, et al. S.B. No. 8
 
  (Larson)
 
   
 
 
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, 2024, and before the end of each successive five-year
  period after that date, the board shall prepare and adopt a
  comprehensive state flood plan that incorporates the regional flood
  plans approved under Section 16.062.  The state flood plan must:
               (1)  provide for orderly preparation for and response
  to flood conditions to protect against the loss of life and
  property;
               (2)  be a guide to state and local flood control policy;
  and
               (3)  contribute to water development where possible.
         (b)  The state flood plan must include:
               (1)  an evaluation of the condition and adequacy of
  flood control infrastructure on a regional basis;
               (2)  a statewide, ranked list of ongoing and proposed
  flood control and mitigation projects and strategies necessary to
  protect against the loss of life and property from flooding and a
  discussion of how those projects and strategies might further water
  development, where applicable;
               (3)  an analysis of completed, ongoing, and proposed
  flood control projects included in previous state flood plans,
  including which projects received funding;
               (4)  an analysis of development in the 100-year
  floodplain areas as defined by the Federal Emergency Management
  Agency; and
               (5)  legislative recommendations the board considers
  necessary to facilitate flood control planning and project
  construction.
         (c)  The board, in coordination with the commission, the
  Department of Agriculture, the General Land Office, the Parks and
  Wildlife Department, the Texas Division of Emergency Management,
  and the State Soil and Water Conservation Board, shall adopt
  guidance principles for the state flood plan that reflect the
  public interest of the entire state. The board shall review and
  revise the guidance principles, with input from the commission, the
  Department of Agriculture, the General Land Office, the Parks and
  Wildlife Department, the Texas Division of Emergency Management,
  and the State Soil and Water Conservation Board as necessary and at
  least every fifth year to coincide with the five-year cycle for
  adoption of a new state flood plan.
         (d)  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)  designate flood planning regions corresponding to
  each river basin;
               (2)  provide technical and financial assistance to the
  flood planning groups; and
               (3)  adopt guidance principles for the regional flood
  plans, including procedures for amending adopted plans.
         (b)  In designating flood planning regions, the board may
  divide river basins to avoid having an impracticably large area for
  efficient planning in a flood planning region.
         (c)  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 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 commission, the General Land Office, the
  Parks and Wildlife Department, the Department of Agriculture, the
  State Soil and Water Conservation Board, and the Texas Division of
  Emergency Management each shall appoint a representative to serve
  as an ex officio member of each flood planning group.
         (d)  Each regional flood planning group shall hold public
  meetings as provided by board rule to gather from interested
  persons, including members of the public and other political
  subdivisions located in that county, suggestions and
  recommendations as to issues, provisions, projects, and strategies
  that should be considered for inclusion in a regional flood plan.
         (e)  Each flood planning group shall consider the
  information collected under Subsection (d) in creating a regional
  flood plan.  A regional flood plan must:
               (1)  use information based on scientific data and
  updated mapping; and
               (2)  include:
                     (A)  a general description of the condition and
  functionality of flood control infrastructure in the flood planning
  region;
                     (B)  flood control projects under construction or
  in the planning stage;
                     (C)  information on land use changes and
  population growth in the flood planning region;
                     (D)  an identification of the areas in the flood
  planning region that are prone to flood and flood control solutions
  for those areas; and
                     (E)  an indication of whether a particular flood
  control solution:
                           (i)  meets an emergency need;
                           (ii)  uses federal money as a funding
  component; and
                           (iii)  may also serve as a water supply
  source.
         (f)  After a flood planning group prepares a regional flood
  plan, the group shall hold at least one public meeting in a central
  location in the flood planning region to accept comments on the
  regional flood plan. The flood planning group shall:
               (1)  cooperate with the board to determine what method
  of providing notice for the public meeting is most accessible to
  persons in the flood planning region; and
               (2)  publish, post, or otherwise disseminate notice of
  the public meeting according to the method described by Subdivision
  (1).
         (g)  The notice published, posted, or otherwise disseminated
  under Subsection (f) must contain:
               (1)  the date, time, and location of the public meeting
  or hearing;
               (2)  a summary of the regional flood plan;
               (3)  the name, telephone number, and address of a
  person to whom questions or requests for additional information may
  be submitted; and
               (4)  information on how the public may submit comments.
         (h)  After consideration of the comments received at the
  public meeting, the flood planning group shall adopt the regional
  flood plan and submit the adopted 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 principles described by Subsection
  (a);
               (2)  adequately provides for the preservation of life
  and property and the development of water supply sources, where
  applicable; and
               (3)  affects a neighboring area.
         (i)  If the board makes a determination that an element of a
  regional flood plan negatively affects a neighboring 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.
         (j)  The board shall approve a regional flood plan when it:
               (1)  satisfies the requirements of Subsections (h)(1)
  and (2); and 
               (2)  does not negatively affect a neighboring area.
         (k)  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.
         (l)  Each flood planning group and committee or subcommittee
  of a flood planning group is subject to Chapters 551 and 552,
  Government Code.
         SECTION 2.  Subchapter B, Chapter 201, Agriculture Code, is
  amended by adding Section 201.0227 to read as follows:
         Sec. 201.0227.  TEN-YEAR DAM REPAIR AND MAINTENANCE PLAN;
  REPORT. (a)  In this section:
               (1)  "Plan" means the 10-year dam repair,
  rehabilitation, and maintenance plan adopted under this section.
               (2)  "Water development board" means the Texas Water
  Development Board.
         (b)  The state board shall prepare and adopt a plan
  describing the repair and maintenance needs of flood control dams
  described by Subsection (c) and prepare and adopt a new plan before
  the end of the 10th year following the adoption of a plan.
         (c)  The plan must include projects under the jurisdiction of
  the state board and authorized under:
               (1)  Section 13, Flood Control Act of 1944 (Pub. L. No.
  78-534);
               (2)  the pilot watershed program authorized under the
  Department of Agriculture Appropriation Act, 1954 (Pub. L. No.
  83-156);
               (3)  the Watershed Protection and Flood Prevention Act
  (Pub. L. No. 83-566); and
               (4)  Subtitle H, Title XV, Agriculture and Food Act of
  1981 (Pub. L. No. 97-98).
         (d)  The state board shall deliver the plan adopted under
  this section to the water development board.
         (e)  Each year, the state board shall deliver to the water
  development board a report regarding progress made on items listed
  in the plan. If an update to the report or plan is necessary before
  the yearly report or before the end of the 10-year cycle, the state
  board must deliver to the water development board an amended report
  or plan.
         SECTION 3.  (a)  In this section:
               (1)  "Advisory committee" means the State Flood Plan
  Implementation Advisory Committee.
               (2)  "Board" means the Texas Water Development Board.
         (b)  The State Flood Plan Implementation Advisory Committee
  is composed of the following six members:
               (1)  the chair of the committee of the senate having
  primary jurisdiction over water resources;
               (2)  the chair of the committee of the house of
  representatives having primary jurisdiction over natural
  resources;
               (3)  a member of the committee of the senate having
  primary jurisdiction over matters relating to finance, appointed by
  the lieutenant governor;
               (4)  a member of the committee of the house of
  representatives having primary jurisdiction over appropriations,
  appointed by the speaker of the house of representatives;
               (5)  a representative of the Texas Division of
  Emergency Management, chosen by the division; and
               (6)  a representative of the State Soil and Water
  Conservation Board, chosen by the State Soil and Water Conservation
  Board.
         (c)  The chair of the committee of the senate having primary
  jurisdiction over water resources and the chair of the committee of
  the house of representatives having primary jurisdiction over
  natural resources serve as the co-chairs of the advisory committee.
         (d)  The advisory committee may hold public hearings, formal
  meetings, or work sessions. The advisory committee may not take
  formal action at a public hearing, formal meeting, or work session
  unless a quorum of the committee is present.
         (e)  Except as otherwise provided by this subsection, a
  member of the advisory committee is not entitled to receive
  compensation for service on the committee or reimbursement for
  expenses incurred in the performance of official duties as a member
  of the committee. Service on the advisory committee by a member of
  the senate or house of representatives is considered legislative
  service for which the member is entitled to reimbursement and other
  benefits in the same manner and to the same extent as for other
  legislative service.
         (f)  The advisory committee shall review the overall
  operation, function, and structure of the state flood plan and
  rules adopted by the board to implement the state flood plan at
  least semiannually and may provide comments and recommendations to
  the board on any matter.
         (g)  The advisory committee may adopt rules, procedures, and
  policies as needed to administer this section and implement its
  responsibilities.
         (h)  Chapter 2110, Government Code, does not apply to the
  size, composition, or duration of the advisory committee.
         (i)  The advisory committee shall make recommendations to
  the board regarding information to be posted on the board's
  Internet website.
         (j)  This section expires and the advisory committee is
  dissolved on September 1, 2021.
         SECTION 4.  (a)  Not later than September 1, 2021, the Texas
  Water Development Board shall adopt guidance principles for the
  regional flood plans and designate flood planning regions
  corresponding to each river basin as required by Section 16.062,
  Water Code, as added by this Act.
         (b)  Not later than January 10, 2023, each flood planning
  group shall submit a regional flood plan to the Texas Water
  Development Board for the group's flood planning region, as
  required by Section 16.062, Water Code, as added by this Act.
         SECTION 5.  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.