| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the consideration of floodplain maps in the permitting |
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| 8 | 8 | | of certain solid waste facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 16, Water Code, is amended by adding |
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| 11 | 11 | | Subchapter L to read as follows: |
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| 12 | 12 | | SUBCHAPTER L. FLOODPLAIN MAPPING |
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| 13 | 13 | | Sec. 16.501. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Local flood map" means a map created and |
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| 15 | 15 | | certified under this subchapter. |
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| 16 | 16 | | (2) "Local floodplain manager" means the individual |
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| 17 | 17 | | responsible for carrying out a local government's floodplain |
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| 18 | 18 | | studies and mapping programs of floodplains, flood-prone areas, and |
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| 19 | 19 | | flood-risk zones under Section 16.316. |
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| 20 | 20 | | (3) "National flood map" means a map approved for use |
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| 21 | 21 | | in the National Flood Insurance Program. |
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| 22 | 22 | | (4) "Political subdivision" has the meaning assigned |
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| 23 | 23 | | by Section 16.313. |
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| 24 | 24 | | Sec. 16.502. LOCAL FLOOD MAP. A local floodplain manager |
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| 25 | 25 | | who has information regarding a floodplain, flood-prone area, or |
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| 26 | 26 | | flood-risk zone in the manager's political subdivision that is more |
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| 27 | 27 | | recent than the information in the national flood map used in the |
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| 28 | 28 | | political subdivision may deliver to the board: |
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| 29 | 29 | | (1) a local flood map that represents the more recent |
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| 30 | 30 | | information; |
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| 31 | 31 | | (2) information relevant to the creation of the local |
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| 32 | 32 | | flood map; and |
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| 33 | 33 | | (3) a sworn statement that the information represented |
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| 34 | 34 | | in the local flood map is accurate to the best of the local |
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| 35 | 35 | | floodplain manager's knowledge. |
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| 36 | 36 | | Sec. 16.503. CERTIFICATION AND PUBLICATION OF LOCAL FLOOD |
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| 37 | 37 | | MAP. On receipt of an updated local flood map and sworn statement |
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| 38 | 38 | | under Section 16.502, the board shall certify the map and make it |
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| 39 | 39 | | available on the board's Internet website. |
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| 40 | 40 | | Sec. 16.504. LIABILITY. A local floodplain manager is not |
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| 41 | 41 | | personally liable for damages arising from the use of information |
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| 42 | 42 | | in a local flood map. |
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| 43 | 43 | | Sec. 16.505. RULES. The board shall adopt rules to |
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| 44 | 44 | | implement this subchapter. |
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| 45 | 45 | | SECTION 2. Subchapter C, Chapter 361, Health and Safety |
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| 46 | 46 | | Code, is amended by adding Section 361.1235 to read as follows: |
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| 47 | 47 | | Sec. 361.1235. MUNICIPAL SOLID WASTE LANDFILLS AND TRANSFER |
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| 48 | 48 | | STATIONS IN FLOODPLAIN. (a) In this section, "local flood map" has |
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| 49 | 49 | | the meaning assigned by Section 16.501, Water Code. |
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| 50 | 50 | | (b) The commission shall consider a local flood map in |
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| 51 | 51 | | determining whether to issue a permit for a municipal solid waste |
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| 52 | 52 | | landfill or transfer station to be located in a floodplain. |
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| 53 | 53 | | SECTION 3. Section 361.1235, Health and Safety Code, as |
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| 54 | 54 | | added by this Act, applies only to an application for a municipal |
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| 55 | 55 | | solid waste permit that is filed with the Texas Commission on |
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| 56 | 56 | | Environmental Quality on or after the effective date of this Act. |
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| 57 | 57 | | An application for a municipal solid waste permit that is pending on |
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| 58 | 58 | | the effective date of this Act is governed by the law in effect at |
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| 59 | 59 | | the time the application was filed, and the former law is continued |
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| 60 | 60 | | in effect for that purpose. |
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| 61 | 61 | | SECTION 4. This Act takes effect September 1, 2019. |
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