86R10208 SLB-D
By: Cyrier, Bohac H.B. No. 4568
A BILL TO BE ENTITLED
AN ACT
relating to the consideration of floodplain maps in the permitting
of certain solid waste facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 16, Water Code, is amended by adding
Subchapter L to read as follows:
SUBCHAPTER L. FLOODPLAIN MAPPING
Sec. 16.501. DEFINITIONS. In this subchapter:
(1) "Local flood map" means a map created and
certified under this subchapter.
(2) "Local floodplain manager" means the individual
responsible for carrying out a local government's floodplain
studies and mapping programs of floodplains, flood-prone areas, and
flood-risk zones under Section 16.316.
(3) "National flood map" means a map approved for use
in the National Flood Insurance Program.
(4) "Political subdivision" has the meaning assigned
by Section 16.313.
Sec. 16.502. LOCAL FLOOD MAP. A local floodplain manager
who has information regarding a floodplain, flood-prone area, or
flood-risk zone in the manager's political subdivision that is more
recent than the information in the national flood map used in the
political subdivision may deliver to the board:
(1) a local flood map that represents the more recent
information;
(2) information relevant to the creation of the local
flood map; and
(3) a sworn statement that the information represented
in the local flood map is accurate to the best of the local
floodplain manager's knowledge.
Sec. 16.503. CERTIFICATION AND PUBLICATION OF LOCAL FLOOD
MAP. On receipt of an updated local flood map and sworn statement
under Section 16.502, the board shall certify the map and make it
available on the board's Internet website.
Sec. 16.504. LIABILITY. A local floodplain manager is not
personally liable for damages arising from the use of information
in a local flood map.
Sec. 16.505. RULES. The board shall adopt rules to
implement this subchapter.
SECTION 2. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.1235 to read as follows:
Sec. 361.1235. MUNICIPAL SOLID WASTE LANDFILLS AND TRANSFER
STATIONS IN FLOODPLAIN. (a) In this section, "local flood map" has
the meaning assigned by Section 16.501, Water Code.
(b) The commission shall consider a local flood map in
determining whether to issue a permit for a municipal solid waste
landfill or transfer station to be located in a floodplain.
SECTION 3. Section 361.1235, Health and Safety Code, as
added by this Act, applies only to an application for a municipal
solid waste permit that is filed with the Texas Commission on
Environmental Quality on or after the effective date of this Act.
An application for a municipal solid waste permit that is pending on
the effective date of this Act is governed by the law in effect at
the time the application was filed, and the former law is continued
in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.