By: Bettencourt, et al. S.B. No. 3

A BILL TO BE ENTITLED

AN ACT

relating to outdoor warning sirens in flash flood-prone areas.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 418, Government Code, is amended by adding Section 418.027 to read as follows:

Sec. 418.027. GRANT PROGRAM FOR REQUIRED OUTDOOR WARNING SIRENS. (a) Using any money available for that purpose, the office of the governor shall establish and administer a grant program to assist municipalities, counties, and other governmental entities with covering the costs of installing outdoor warning sirens required under Section 16.502, Water Code.

(b) The office of the governor shall establish:

(1) eligibility criteria for grant applicants;

(2) grant application procedures;

(3) guidelines relating to grant amounts;

(4) procedures for evaluating grant applications; and

(5) procedures for monitoring the use of a grant awarded under the program and ensuring compliance with any conditions of a grant.

(c) The governor may delegate to a state agency the authority to administer the grant program established under this section.

SECTION 2. Chapter 16, Water Code, is amended by adding Subchapter M to read as follows:

SUBCHAPTER M. OUTDOOR WARNING SIRENS

Sec. 16.501. DEFINITIONS. In this subchapter:

(1) "Flash flood-prone area" means an area of this state included in the disaster declaration issued by the governor under Section 418.014, Government Code, in response to the July 2025 Hill Country floods.

(2) "Outdoor warning siren" means a system that produces a sound designed to alert a person who is outdoors of an imminent disaster and encourage that person to immediately seek shelter or move to higher ground and includes sensors, gauges, and all other components essential to the function of the system.

Sec. 16.502. OUTDOOR WARNING SIRENS REQUIRED IN FLASH FLOOD-PRONE AREAS. (a) The board shall identify each area in a flash flood-prone area that:

(1) has a history of consistent or severe flooding; and

(2) based on the history under Subdivision (1) and any other factor the board considers relevant, warrants the installation, maintenance, and operation of one or more outdoor warning sirens.

(b) Other relevant factors the board may consider in making determinations under Subsection (a)(2) include, as to each area:

(1) loss of human life to flooding;

(2) the existence of residences or other dwelling structures in a flash flood-prone area; and

(3) the potential damage to real or personal property resulting from a flood.

(c) Except as provided by Subsection (d), for each area identified under Subsection (a)(2), the appropriate municipality or county shall install, maintain, and operate one or more outdoor warning sirens in accordance with the rules adopted by the board under this section. If the site of the installation is:

(1) in the boundaries of a municipality, the municipality shall install, maintain, and operate the siren; or

(2) in the unincorporated area of a county, the county shall install, maintain, and operate the siren.

(d) An outdoor warning siren is not required for an area in which a governmental entity already maintains and operates an outdoor warning siren that meets the best management practices and guidance adopted by board rule.

(e) Municipalities, counties, and other governmental entities by written agreement may jointly install, maintain, or operate an outdoor warning siren required under this section.

(f) Each county or municipality with an outdoor warning siren required under this section or any other governmental entity with an outdoor warning siren in a flash flood-prone area shall regularly test the functionality of the outdoor warning siren and document the results of those tests.

(g) The board's identification under this section of an area that warrants an outdoor warning siren is final and binding.

(h) The board shall adopt rules and procedures to implement this section, including facilitating development of best management practices and guidance:

(1) for the operation of an outdoor warning siren in a flash flood-prone area of this state; and

(2) for an outdoor warning siren installed, maintained, or operated in a flash flood-prone area, including guidance that an outdoor warning siren be equipped with a backup power source that is different from the siren's primary power source.

(i) The board may contract or consult with other entities when adopting rules and procedures to implement this section.

(j) The board may not provide financial assistance, other than financial assistance described by Section 418.027, Government Code, to a county or municipality during any period that the county or municipality is not in compliance with this section, as determined by the board.

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 on the 91st day after the last day of the legislative session.