86R7474 SLB-D
By: Paul H.B. No. 1010
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, 2021, and before the end of each successive five-year
period after that date, the board shall prepare and adopt a state
flood plan that incorporates the regional flood plans approved
under Section 16.062. The state flood plan must include a ranked
list of ongoing and proposed flood control projects organized by
watershed.
(b) The board shall adopt guidance principles for the state
flood plan. The board shall review and revise the guidance
principles as necessary and at least every fifth year to coincide
with the five-year cycle for adoption of a new state flood plan.
(c) 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) provide technical assistance to the flood planning
groups;
(2) adopt guidance principles for the regional flood
plans, including procedures for amending adopted plans; and
(3) designate flood planning regions corresponding to
each watershed.
(b) 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 general 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 Parks and Wildlife
Department, the Department of Agriculture, and the State Soil and
Water Conservation Board each shall appoint a representative to
serve as a member of each flood planning group.
(c) A flood planning group shall:
(1) prepare a draft regional flood plan for its flood
planning region; and
(2) hold public meetings in its flood planning region
to gather from interested persons, including members of the public
and other political subdivisions located in the flood planning
region, suggestions and recommendations in response to the draft
regional flood plan.
(d) A flood planning group shall consider the information
collected under Subsection (c)(2) in finalizing a regional flood
plan.
(e) A regional flood plan must include a list of projects,
including technical specifications, necessary to meet the flood
planning needs of the flood planning region for the next 10 years.
(f) A flood planning group shall submit its completed
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 described by Subsection (a); and
(2) affects a neighboring flood planning area.
(g) If the board makes a determination that a regional flood
plan negatively affects a neighboring flood planning 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.
(h) The board shall approve a regional flood plan when it:
(1) satisfies the requirements of Subsection (f)(1);
and
(2) does not negatively affect a neighboring flood
planning area.
(i) 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.
(j) Each flood planning group and committee or subcommittee
of a flood planning group is subject to Chapters 551 and 552,
Government Code.
SECTION 2. (a) Not later than December 1, 2020, the Texas
Water Development Board shall adopt guidance principles for the
regional flood plans and designate flood planning regions
corresponding to each watershed as required by Section 16.062,
Water Code, as added by this Act.
(b) Not later than the 60th day after the date the Texas
Water Development Board designates flood planning regions under
Subsection (a) of this section, the board shall designate
representatives within each flood planning region to serve as the
initial flood planning group, as described by Section 16.062, Water
Code, as added by this Act.
(c) Not later than September 1, 2021, each flood planning
group shall submit a regional flood plan to the Texas Water
Development Board for the group's flood planning area, as required
by Section 16.062, Water Code, as added by this Act.
(d) Not later than September 1, 2022, the Texas Water
Development Board shall approve a state flood plan, as required by
Section 16.061, Water Code, as added by this Act.
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 September 1, 2019.