86R145 SLB-F
By: Metcalf H.B. No. 26
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an alert system to notify affected
persons of certain releases of water from certain dams.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Water Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. DAMS
Sec. 12.1500. DEFINITIONS. In this subchapter:
(1) "Alert system" means the Texas Dam Release Alert
System.
(2) "Dam operator" means a political subdivision that
operates a dam.
Sec. 12.1501. TEXAS DAM RELEASE ALERT SYSTEM. (a) With the
cooperation of the Texas Department of Transportation, the office
of the governor, dam operators, and other appropriate emergency
response agencies, the commission shall implement the Texas Dam
Release Alert System to be activated on behalf of a dam operator to
warn potentially affected persons of possible floods.
(b) The alert system may be operated in conjunction with any
other emergency alert system required by federal or state law. The
alert system must be designed to notify potentially affected
persons of a dam release through available means including:
(1) public and commercial television or radio
broadcasts;
(2) a system of dynamic message signs located across
the state;
(3) posting on a website operated by a dam operator;
and
(4) reverse 9-1-1 calls, text messages, e-mails,
social media, and other instant messaging systems.
Sec. 12.1502. ADMINISTRATION; RULES. (a) The executive
director is the coordinator of the alert system and shall ensure
effective implementation of the system.
(b) The commission shall adopt rules to ensure effective
implementation of the alert system. The rules must include
instructions on the procedures for activating and deactivating the
alert system and updating alerts made by the system.
(c) The executive director shall prescribe forms for use by
dam operators in requesting activation of the alert system.
Sec. 12.1503. PARTICIPATION BY OTHER PERSONS. (a) The
executive director shall recruit public and commercial television
and radio broadcasters, private commercial entities, state or local
governmental entities, the public, and other appropriate persons to
assist in developing and implementing the alert system.
(b) The commission may enter into agreements with
participants in the alert system to provide necessary support for
the alert system.
Sec. 12.1504. ACTIONS OF DAM OPERATORS. (a) A dam operator
must request activation of the alert system, when practicable, at
least two hours before a release of water that the dam operator
reasonably believes will meet the criteria described by Section
12.1505(a).
(b) The dam operator must provide to the commission
information regarding the expected duration of the release, the
time of the release, the expected level of flooding that will
result, the name of the dam from which the release will occur, the
name of the affected river basin, and the county in which the dam is
located.
Sec. 12.1505. ACTIVATION OF ALERT SYSTEM. (a) On the
request of a dam operator, the executive director shall activate
the alert system if:
(1) a release of water from the dam operated by the dam
operator is to take place;
(2) flooding is a reasonable result from the release
of water; and
(3) flooding is likely to cause damage to life or
property.
(b) The commission may modify the criteria described by
Subsection (a) as necessary for the implementation of the alert
system.
Sec. 12.1506. REQUIRED CONTENT OF ALERT MESSAGE. A
notification issued under the alert system must include the
following:
(1) the name of the dam from which the release is to
occur;
(2) the county in which the dam is located;
(3) the affected river basin;
(4) the time of the release;
(5) the expected duration of the release;
(6) the potential level of flooding that will result
downstream; and
(7) any roadways or bridges that will be potentially
affected by flooding as a result of the release.
Sec. 12.1507. STATE AGENCIES. (a) A state agency
participating in the alert system shall:
(1) cooperate with the commission and assist in
developing and implementing the alert system; and
(2) establish a plan for providing relevant
information to its officers, investigators, or employees, as
appropriate, once the alert system has been activated.
(b) In addition to the requirements of Subsection (a), the
Texas Department of Transportation shall establish a plan for
providing relevant information to the public through an existing
system of dynamic message signs located across the state.
Sec. 12.1508. TERMINATION. The executive director shall
terminate an activation of the alert system when the release of
water has been completed.
SECTION 2. Section 12.052, Water Code, is transferred to
Subchapter F, Chapter 12, Water Code, as added by this Act,
redesignated as Section 12.1509, Water Code, and amended to read as
follows:
Sec. 12.1509 [12.052]. DAM SAFETY. (a) The commission
shall make and enforce rules and orders and shall perform all other
acts necessary to provide for the safe construction, maintenance,
repair, and removal of dams located in this state. In performing
the commission's duties under this subsection, the commission shall
identify and focus on the most hazardous dams in the state.
(b) Rules and orders made by the commission shall be made
after proper notice and hearing as provided in the rules of the
commission.
(b-1) The commission may enter into an agreement with an
owner of a dam who is required to reevaluate the adequacy of an
existing dam or spillway. The agreement may include timelines to
achieve compliance with the commission's design criteria and may
authorize deferral of compliance with the criteria, as appropriate.
(c) If the owner of a dam that is required to be constructed,
reconstructed, repaired, or removed in order to comply with the
rules and orders promulgated under Subsection (a) of this section
wilfully fails or refuses to comply within the 30-day period
following the date of the commission's final, nonappealable order
to do so or if a person wilfully fails to comply with any rule or
other order issued by the commission under this section within the
30-day period following the effective date of the order, he is
liable to a penalty of not more than $5,000 a day for each day he
continues to violate this section. The state may recover the
penalty by suit brought for that purpose in the district court of
Travis County.
(d) If the commission determines that the existing
condition of the dam is creating or will cause extensive or severe
property damage or economic loss to others or is posing an immediate
and serious threat to human life or health and that other procedures
available to the commission to remedy or prevent the occurrence of
the situation will result in unreasonable delay, the commission may
issue an emergency order, either mandatory or prohibitory in
nature, directing the owner of a dam to repair, modify, maintain,
dewater, or remove the dam which the commission determines is
unsafe. The emergency order may be issued without notice to the dam
owner or with notice the commission considers practicable under the
circumstances. The notice does not have to comply with Chapter
2001, Government Code.
(e) If the commission issues an emergency order under
authority of this section without notice to the dam owner, the
commission shall fix a time and place for a hearing which shall be
held as soon as practicable to affirm, modify, or set aside the
emergency order. The notice does not have to comply with Chapter
2001, Government Code. If the nature of the commission's action
requires further proceedings, those proceedings shall be conducted
as appropriate under Chapter 2001, Government Code.
(e-1) The commission shall exempt an owner of a dam located
on private property from meeting requirements related to dam safety
if the dam:
(1) at maximum capacity impounds less than 500
acre-feet;
(2) has a hazard classification of low or significant;
(3) is located in a county with a population of less
than 350,000; and
(4) is not located inside the corporate limits of a
municipality.
(e-2) Notwithstanding Subsection (e-1), an owner of a dam
shall comply with operation and maintenance requirements
established by commission rule.
(f) Nothing in this section or in rules or orders made by the
commission shall be construed to relieve an owner or operator of a
dam or reservoir of the legal duties, obligations, or liabilities
incident to ownership or operation.
SECTION 3. This Act takes effect September 1, 2019.