Texas House Bill HB4435

Texas 2021 - 87th Regular

Caption

Relating to the authority of certain counties to remediate an overflow of water caused by a diversion or impoundment of the natural flow of surface water.

Impact

The enactment of HB4435 is expected to result in improved water management practices in the specified counties, which may ultimately prevent the negative repercussions of water overflow due to human actions or natural events. Local governments will gain the ability to intervene directly in cases where individuals do not comply with remediation requests, which can lead to more robust enforcement of water regulations. Additionally, by shielding counties from liability when taking necessary action, the bill encourages proactive measures, potentially minimizing the economic and environmental impacts of water mismanagement.

Summary

House Bill 4435 aims to grant specific counties in Texas the authority to manage overflow water resulting from the diversion or impoundment of natural flow of surface waters. The focus is on counties with populations between 312,000 and 330,000, where the commissioners court can mandate the remediation of such overflow to mitigate the effects of natural disasters or violations of water code regulations. This bill represents a significant step towards empowering local governments to take action in situations that may otherwise exacerbate flooding and water management challenges.

Contention

While the bill may be beneficial in promoting timely remediation efforts, there could be concerns regarding the implications of increased authority for county governments. Questions may arise about the balance between local control and potential overreach into private property rights, as well as the costs associated with such remediation efforts. Furthermore, the stipulation for taking immediate action following non-compliance raises issues about the adequacy of notice and opportunity for affected parties to respond before government intervention occurs. These aspects may spark debate during legislative discussions and in community responses to the bill.