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A BILL TO BE ENTITLED
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AN ACT
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relating to incorporation as a Type C general-law municipality by |
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certain areas located in or near a special flood hazard area. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 8, Local Government Code, is amended by |
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adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. INCORPORATION AS TYPE C GENERAL-LAW MUNICIPALITY |
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FOR CERTAIN MUNICIPALITIES IN OR NEAR SPECIAL FLOOD HAZARD AREA |
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Sec. 8.011. DEFINITIONS. In this subchapter: |
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(1) "Outdoor warning siren" means a system that |
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produces a sound designed to alert a person who is outdoors of an |
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imminent disaster and encourage that person to immediately seek |
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shelter. |
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(2) "Special flood hazard area" means land in a |
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floodplain subject to at least a one percent annual chance of |
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flooding as designated by the director of the Federal Emergency |
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Management Agency. |
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Sec. 8.012. AUTHORITY TO INCORPORATE AS TYPE C GENERAL-LAW |
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MUNICIPALITY. Notwithstanding Subchapter A, an unincorporated |
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area located outside the extraterritorial jurisdiction of a |
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municipality may incorporate under this subchapter as a Type C |
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general-law municipality if: |
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(1) the area contains a special flood hazard area; or |
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(2) a special flood hazard area is located within |
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1,000 feet of the area. |
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Sec. 8.013. PETITION TO INCORPORATE; INCORPORATION. (a) |
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The residents or landowners of an area eligible to become a Type C |
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general-law municipality under this subchapter may initiate an |
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incorporation under this subchapter by filing with the county judge |
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for the county in which the area is wholly or primarily located a |
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written petition that: |
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(1) complies with the territorial requirements for a |
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general-law municipality under Section 5.901; |
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(2) is signed by each resident of and owner of land in |
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the area; and |
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(3) includes the text of a proposed flood preparedness |
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ordinance that complies with Section 8.014. |
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(b) On receipt of a petition that complies with Subsection |
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(a), the county judge shall accept the petition, issue an order of |
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incorporation with immediate effect for the area as a Type C |
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general-law municipality, and enter the order in the minutes of the |
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commissioners court reflecting that the area is incorporated. |
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Sec. 8.014. FLOOD PREPAREDNESS ORDINANCE. Not later than |
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the 90th day after the date of incorporation, the governing body of |
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a municipality incorporated under this subchapter shall adopt a |
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flood preparedness ordinance that must: |
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(1) establish requirements regarding flood hazard |
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mitigation, preparedness, and response that meet applicable state |
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and federal requirements; |
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(2) require compliance with the minimum requirements |
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of the National Flood Insurance Program; |
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(3) establish an office of municipal flood hazard |
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mitigation administrator to ensure compliance with the |
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requirements of an ordinance under this section; |
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(4) require that the issuance of any building permit |
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for a new structure or expansion to an existing structure designed |
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for human occupancy is subject to compliance with an ordinance |
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under this section; |
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(5) prohibit, without exception, the building of a new |
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structure or expansion of an existing structure designed for human |
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occupancy within a special flood hazard area, unless otherwise |
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required by state or federal law; |
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(6) prohibit the building of a new structure or |
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expansion of an existing structure within 1,000 feet of a special |
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flood hazard area if: |
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(A) more than 10 years have passed since the |
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effective date of the flood insurance rate map published by the |
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Federal Emergency Management Agency for the area proposed for |
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development; or |
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(B) the flood insurance rate map has not been |
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updated within one year of publication of the most recent version of |
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the NOAA Precipitation Frequency Atlas of the United States, as |
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that phrase is defined by 15 U.S.C. Section 9707; and |
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(7) provide an exception to the prohibition under |
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Subdivision (6) if: |
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(A) the person requesting to build a new |
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structure or expand an existing structure within 1,000 feet of a |
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special flood hazard area: |
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(i) agrees to pay the cost of a Letter of |
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Map Revision from the Federal Emergency Management Agency and |
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receives the Letter of Map Revision; or |
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(ii) has the area redesignated from Zone A |
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to Zone AE, as defined by the Federal Emergency Management Agency, |
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to ensure detailed elevation studies and an accurate flood map, as |
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required by the municipality; or |
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(B) a current elevation certificate shows that |
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the adjacent grade of the area for the proposed development is |
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exclusively on land that is elevated at least 20 feet above the |
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special flood hazard area and there is a means of safe egress from |
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the proposed development area to an area outside of and elevated at |
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least 20 feet above the special flood hazard area. |
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Sec. 8.015. ADOPTION OF ORDINANCE REQUIRED; AUTOMATIC |
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DISSOLUTION. A municipality incorporated under this subchapter is |
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dissolved by operation of law on a finding by the county judge of |
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the county with whom the petition was filed under Section 8.013 that |
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the municipality did not adopt the flood preparedness ordinance |
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filed under Section 8.013 as a municipal ordinance on or before the |
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90th day after the date of incorporation. |
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Sec. 8.016. INCENTIVE PROGRAM. A municipality that |
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incorporates under this subchapter shall adopt an ordinance |
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establishing an incentive program to encourage the relocation or |
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demolition of structures designed for human occupancy from a |
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special flood hazard area. |
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Sec. 8.017. FLOOD HAZARD MITIGATION, PREPAREDNESS, AND |
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RESPONSE PLAN. A municipality that incorporates under this |
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subchapter shall, on or before the 90th day after the date of |
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incorporation, adopt a plan for flood hazard mitigation, |
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preparedness, and response. The plan must: |
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(1) provide for the coordination of the municipality's |
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elected officials, emergency officials, and city manager with the |
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applicable county, state, and federal emergency management |
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officials regarding future, current, or past flood events; |
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(2) include a communication plan for future, current, |
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or past flood events; |
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(3) include search and rescue protocols; and |
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(4) include a proposal of mutual aid agreements for |
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potential flood events that may occur within a five-mile radius of |
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the municipality inside the county or counties in which the |
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municipality is located. |
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Sec. 8.018. REQUIRED OUTDOOR WARNING SIREN. (a) In |
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addition to any other requirements regarding disaster alert systems |
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under state or federal law, a municipality that incorporates under |
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this subchapter shall require the installation of an outdoor |
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warning siren to provide advance warning of an anticipated flood |
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event that will alert the residents of any structure that is located |
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within 1,000 feet of a special flood hazard area. |
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(b) If another governmental entity maintains an outdoor |
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warning siren that fulfills the requirements of this section, the |
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municipality is not required to install an additional outdoor |
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warning siren. |
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Sec. 8.019. BARRIERS FOR FLOOD-PRONE ROADWAYS. A |
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municipality that incorporates under this subchapter shall install |
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automated crossing arms and visual and auditory alarms to impede |
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non-emergency pedestrian and vehicle traffic over any portion of a |
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roadway under the control of the municipality that is within the |
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special flood hazard area. |
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Sec. 8.020. CONFLICTS WITH STATE LAW. To the extent another |
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state law conflicts with this subchapter, the more strict |
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requirement regarding emergency management controls. |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |