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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of floodplain maps in the permitting |
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of certain solid waste facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 16, Water Code, is amended by adding |
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Subchapter L to read as follows: |
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SUBCHAPTER L. FLOODPLAIN MAPPING |
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Sec. 16.501. DEFINITIONS. In this subchapter: |
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(1) "Local flood map" means a map created and |
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certified under this subchapter. |
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(2) "Local floodplain manager" means the individual |
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responsible for carrying out a local government's floodplain |
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studies and mapping programs of floodplains, flood-prone areas, and |
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flood-risk zones under Section 16.316. |
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(3) "National flood map" means a map approved for use |
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in the National Flood Insurance Program. |
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(4) "Political subdivision" has the meaning assigned |
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by Section 16.313. |
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Sec. 16.502. LOCAL FLOOD MAP. A local floodplain manager |
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who has information regarding a floodplain, flood-prone area, or |
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flood-risk zone in the manager's political subdivision that is more |
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recent than the information in the national flood map used in the |
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political subdivision may deliver to the board: |
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(1) a local flood map that represents the more recent |
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information; |
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(2) information relevant to the creation of the local |
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flood map; and |
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(3) a sworn statement that the information represented |
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in the local flood map is accurate to the best of the local |
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floodplain manager's knowledge. |
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Sec. 16.503. CERTIFICATION AND PUBLICATION OF LOCAL FLOOD |
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MAP. On receipt of an updated local flood map and sworn statement |
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under Section 16.502, the board shall certify the map and make it |
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available on the board's Internet website. |
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Sec. 16.504. LIABILITY. A local floodplain manager is not |
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personally liable for damages arising from the use of information |
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in a local flood map. |
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Sec. 16.505. RULES. The board shall adopt rules to |
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implement this subchapter. |
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SECTION 2. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.1235 to read as follows: |
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Sec. 361.1235. MUNICIPAL SOLID WASTE LANDFILLS AND TRANSFER |
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STATIONS IN FLOODPLAIN. (a) In this section, "local flood map" has |
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the meaning assigned by Section 16.501, Water Code. |
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(b) The commission shall consider a local flood map in |
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determining whether to issue a permit for a municipal solid waste |
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landfill or transfer station to be located in a floodplain. |
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SECTION 3. Section 361.1235, Health and Safety Code, as |
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added by this Act, applies only to an application for a municipal |
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solid waste permit that is filed with the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. |
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An application for a municipal solid waste permit that is pending on |
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the effective date of this Act is governed by the law in effect at |
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the time the application was filed, and the former law is continued |
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in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |