| 1 | 1 | | 86R7474 SLB-D |
|---|
| 2 | 2 | | By: Paul H.B. No. 1010 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to state and regional flood planning. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subchapter C, Chapter 16, Water Code, is amended |
|---|
| 10 | 10 | | by adding Sections 16.061 and 16.062 to read as follows: |
|---|
| 11 | 11 | | Sec. 16.061. STATE FLOOD PLAN. (a) Not later than |
|---|
| 12 | 12 | | September 1, 2021, and before the end of each successive five-year |
|---|
| 13 | 13 | | period after that date, the board shall prepare and adopt a state |
|---|
| 14 | 14 | | flood plan that incorporates the regional flood plans approved |
|---|
| 15 | 15 | | under Section 16.062. The state flood plan must include a ranked |
|---|
| 16 | 16 | | list of ongoing and proposed flood control projects organized by |
|---|
| 17 | 17 | | watershed. |
|---|
| 18 | 18 | | (b) The board shall adopt guidance principles for the state |
|---|
| 19 | 19 | | flood plan. The board shall review and revise the guidance |
|---|
| 20 | 20 | | principles as necessary and at least every fifth year to coincide |
|---|
| 21 | 21 | | with the five-year cycle for adoption of a new state flood plan. |
|---|
| 22 | 22 | | (c) On adoption of a state flood plan, the board shall |
|---|
| 23 | 23 | | deliver the plan to the: |
|---|
| 24 | 24 | | (1) governor; |
|---|
| 25 | 25 | | (2) lieutenant governor; |
|---|
| 26 | 26 | | (3) speaker of the house of representatives; and |
|---|
| 27 | 27 | | (4) appropriate legislative committees and |
|---|
| 28 | 28 | | legislative leadership. |
|---|
| 29 | 29 | | Sec. 16.062. REGIONAL FLOOD PLANNING. (a) The board shall: |
|---|
| 30 | 30 | | (1) provide technical assistance to the flood planning |
|---|
| 31 | 31 | | groups; |
|---|
| 32 | 32 | | (2) adopt guidance principles for the regional flood |
|---|
| 33 | 33 | | plans, including procedures for amending adopted plans; and |
|---|
| 34 | 34 | | (3) designate flood planning regions corresponding to |
|---|
| 35 | 35 | | each watershed. |
|---|
| 36 | 36 | | (b) The board shall designate representatives from each |
|---|
| 37 | 37 | | flood planning region to serve as the initial flood planning group. |
|---|
| 38 | 38 | | The initial flood planning group may then designate additional |
|---|
| 39 | 39 | | representatives to serve on the flood planning group. The initial |
|---|
| 40 | 40 | | flood planning group shall designate additional representatives if |
|---|
| 41 | 41 | | necessary to ensure adequate representation from the interests in |
|---|
| 42 | 42 | | its region, including the general public, counties, |
|---|
| 43 | 43 | | municipalities, industries, agricultural interests, environmental |
|---|
| 44 | 44 | | interests, small businesses, electric generating utilities, river |
|---|
| 45 | 45 | | authorities, water districts, and water utilities. The flood |
|---|
| 46 | 46 | | planning group shall maintain adequate representation from those |
|---|
| 47 | 47 | | interests. In addition, the board, the Parks and Wildlife |
|---|
| 48 | 48 | | Department, the Department of Agriculture, and the State Soil and |
|---|
| 49 | 49 | | Water Conservation Board each shall appoint a representative to |
|---|
| 50 | 50 | | serve as a member of each flood planning group. |
|---|
| 51 | 51 | | (c) A flood planning group shall: |
|---|
| 52 | 52 | | (1) prepare a draft regional flood plan for its flood |
|---|
| 53 | 53 | | planning region; and |
|---|
| 54 | 54 | | (2) hold public meetings in its flood planning region |
|---|
| 55 | 55 | | to gather from interested persons, including members of the public |
|---|
| 56 | 56 | | and other political subdivisions located in the flood planning |
|---|
| 57 | 57 | | region, suggestions and recommendations in response to the draft |
|---|
| 58 | 58 | | regional flood plan. |
|---|
| 59 | 59 | | (d) A flood planning group shall consider the information |
|---|
| 60 | 60 | | collected under Subsection (c)(2) in finalizing a regional flood |
|---|
| 61 | 61 | | plan. |
|---|
| 62 | 62 | | (e) A regional flood plan must include a list of projects, |
|---|
| 63 | 63 | | including technical specifications, necessary to meet the flood |
|---|
| 64 | 64 | | planning needs of the flood planning region for the next 10 years. |
|---|
| 65 | 65 | | (f) A flood planning group shall submit its completed |
|---|
| 66 | 66 | | regional flood plan to the board. The board shall make a |
|---|
| 67 | 67 | | determination whether the regional flood plan: |
|---|
| 68 | 68 | | (1) satisfies the requirements for regional flood |
|---|
| 69 | 69 | | plans adopted in the guidance described by Subsection (a); and |
|---|
| 70 | 70 | | (2) affects a neighboring flood planning area. |
|---|
| 71 | 71 | | (g) If the board makes a determination that a regional flood |
|---|
| 72 | 72 | | plan negatively affects a neighboring flood planning area, the |
|---|
| 73 | 73 | | board must coordinate with the affected area to adjust the plan to |
|---|
| 74 | 74 | | ensure that no neighboring area is negatively affected by the plan. |
|---|
| 75 | 75 | | (h) The board shall approve a regional flood plan when it: |
|---|
| 76 | 76 | | (1) satisfies the requirements of Subsection (f)(1); |
|---|
| 77 | 77 | | and |
|---|
| 78 | 78 | | (2) does not negatively affect a neighboring flood |
|---|
| 79 | 79 | | planning area. |
|---|
| 80 | 80 | | (i) A flood planning group may amend a regional flood plan |
|---|
| 81 | 81 | | after the plan has been approved by the board according to rules |
|---|
| 82 | 82 | | adopted by the board. |
|---|
| 83 | 83 | | (j) Each flood planning group and committee or subcommittee |
|---|
| 84 | 84 | | of a flood planning group is subject to Chapters 551 and 552, |
|---|
| 85 | 85 | | Government Code. |
|---|
| 86 | 86 | | SECTION 2. (a) Not later than December 1, 2020, the Texas |
|---|
| 87 | 87 | | Water Development Board shall adopt guidance principles for the |
|---|
| 88 | 88 | | regional flood plans and designate flood planning regions |
|---|
| 89 | 89 | | corresponding to each watershed as required by Section 16.062, |
|---|
| 90 | 90 | | Water Code, as added by this Act. |
|---|
| 91 | 91 | | (b) Not later than the 60th day after the date the Texas |
|---|
| 92 | 92 | | Water Development Board designates flood planning regions under |
|---|
| 93 | 93 | | Subsection (a) of this section, the board shall designate |
|---|
| 94 | 94 | | representatives within each flood planning region to serve as the |
|---|
| 95 | 95 | | initial flood planning group, as described by Section 16.062, Water |
|---|
| 96 | 96 | | Code, as added by this Act. |
|---|
| 97 | 97 | | (c) Not later than September 1, 2021, each flood planning |
|---|
| 98 | 98 | | group shall submit a regional flood plan to the Texas Water |
|---|
| 99 | 99 | | Development Board for the group's flood planning area, as required |
|---|
| 100 | 100 | | by Section 16.062, Water Code, as added by this Act. |
|---|
| 101 | 101 | | (d) Not later than September 1, 2022, the Texas Water |
|---|
| 102 | 102 | | Development Board shall approve a state flood plan, as required by |
|---|
| 103 | 103 | | Section 16.061, Water Code, as added by this Act. |
|---|
| 104 | 104 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 105 | 105 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 106 | 106 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 107 | 107 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 108 | 108 | | Act takes effect September 1, 2019. |
|---|