Texas 2019 - 86th Regular

Texas House Bill HB26 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 26
	1	+	By: Metcalf, et al. (Senate Sponsor - Nichols) H.B. No. 26
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on Water &
	4	+	Rural Affairs; May 16, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 16, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 26 By: Johnson
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the notification of affected persons of certain
6	14		releases of water from certain dams.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 12.052, Water Code, is amended by
9	17		amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
10	18		and (a-4) to read as follows:
11	19		(a) The commission shall make and enforce rules and orders
12	20		and shall perform all other acts necessary to provide for the safe
13	21		construction, operation, maintenance, repair, [and] removal, and
14	22		emergency management of dams located in this state. In performing
15	23		the commission's duties under this subsection, the commission shall
16	24		identify and focus on the most hazardous dams in the state.
17	25		(a-1) The commission shall require the owner or operator of
18	26		a state-regulated dam that has a spillway with gates used to
19	27		regulate flood waters to notify local emergency operation centers
20	28		in downstream communities when spillway releases are made to
21	29		regulate flood waters, according to the commission's emergency
22	30		action plan guidelines.
23	31		(a-2) Emergency operation centers notified under Subsection
24	32		(a-1) shall provide notice to the public when a release may
25	33		contribute to flooding that may result in damage to life and
26	34		property through all available means and shall include, at a
27	35		minimum, the following information, if available:
28	36		(1) the names of the dam and reservoir;
29	37		(2) the communities downstream that may be impacted
30	38		and estimated time of impact;
31	39		(3) the names of affected river basins and
32	40		tributaries;
33	41		(4) the expected duration of the release;
34	42		(5) the level of potential flooding according to the
35	43		National Weather Service River Forecast Center; and
36	44		(6) the roads or bridges that are expected to be
37	45		affected.
38	46		(a-3) A notice provided under Subsection (a-2) must include
39	47		the following disclaimer: "Actual flood conditions may vary
40	48		significantly from the alert based on new or changed conditions;
41	49		advanced alerts of changed conditions may not be possible."
42	50		(a-4) Notwithstanding any other defense or immunity that
43	51		may apply, a notice provided under Subsection (a-1) or (a-2) may not
44	52		be considered an admission of liability and may not be used as
45	53		evidence in any suit related to the releases that are the subject of
46	54		the notice.
47	55		SECTION 2. (a) Not later than January 1, 2020, the Texas
48	56		Commission on Environmental Quality shall provide guidance for
49	57		developing a notification plan through a dam owner's emergency
50	58		action plan for state-regulated dams that have a spillway with
51	59		gates used to regulate flood waters.
52	60		(b) Not later than June 1, 2020, a dam owner or operator
53	61		shall deliver the notification plan described by Subsection (a) of
54	62		this section for each dam to the Texas Commission on Environmental
55	63		Quality.
56	64		SECTION 3. This Act takes effect September 1, 2019.
57		-	______________________________ ______________________________
58		-	President of the Senate Speaker of the House
59		-	I certify that H.B. No. 26 was passed by the House on April
60		-	11, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not
61		-	voting; and that the House concurred in Senate amendments to H.B.
62		-	No. 26 on May 23, 2019, by the following vote: Yeas 141, Nays 0, 2
63		-	present, not voting.
64		-	______________________________
65		-	Chief Clerk of the House
66		-	I certify that H.B. No. 26 was passed by the Senate, with
67		-	amendments, on May 17, 2019, by the following vote: Yeas 31, Nays
68		-	0.
69		-	______________________________
70		-	Secretary of the Senate
71		-	APPROVED: __________________
72		-	Date
73		-	__________________
74		-	Governor
	65	+	* * * * *