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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to remediate an |
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overflow of water caused by a diversion or impoundment of the |
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natural flow of surface water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.086, Water Code, is amended by adding |
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Subsections (e) and (f) to read as follows: |
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(e) In a county with a population of more than 312,000 and |
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less than 330,000, the commissioners court by order may require the |
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county to: |
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(1) remediate an overflow of water caused by a |
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diversion or impoundment of the natural flow of surface water as |
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necessary to mitigate the effects of a natural disaster; or |
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(2) remediate an overflow of water caused by a |
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diversion or impoundment of the natural flow of surface water in |
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violation of Subsection (a) if: |
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(A) the commissioners court sends notice to the |
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person who is in violation of Subsection (a): |
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(i) informing the person of the violation; |
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and |
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(ii) requiring the person to remediate the |
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violation not later than the 30th day after the date of receipt of |
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the notice; and |
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(B) after receiving notice under Paragraph (A), |
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the person does not remedy the violation in the specified time. |
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(f) A county is not liable for damages caused by an action |
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taken pursuant to an order issued under Subsection (e). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |