| 1 | 1 | | 87R9461 ANG-D |
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| 2 | 2 | | By: Thompson of Brazoria H.B. No. 4435 |
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| 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 authority of certain counties to remediate an |
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| 8 | 8 | | overflow of water caused by a diversion or impoundment of the |
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| 9 | 9 | | natural flow of surface water. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 11.086, Water Code, is amended by adding |
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| 12 | 12 | | Subsections (e) and (f) to read as follows: |
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| 13 | 13 | | (e) In a county with a population of more than 312,000 and |
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| 14 | 14 | | less than 330,000, the commissioners court by order may require the |
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| 15 | 15 | | county to: |
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| 16 | 16 | | (1) remediate an overflow of water caused by a |
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| 17 | 17 | | diversion or impoundment of the natural flow of surface water as |
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| 18 | 18 | | necessary to mitigate the effects of a natural disaster; or |
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| 19 | 19 | | (2) remediate an overflow of water caused by a |
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| 20 | 20 | | diversion or impoundment of the natural flow of surface water in |
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| 21 | 21 | | violation of Subsection (a) if: |
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| 22 | 22 | | (A) the commissioners court sends notice to the |
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| 23 | 23 | | person who is in violation of Subsection (a): |
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| 24 | 24 | | (i) informing the person of the violation; |
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| 25 | 25 | | and |
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| 26 | 26 | | (ii) requiring the person to remediate the |
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| 27 | 27 | | violation not later than the 30th day after the date of receipt of |
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| 28 | 28 | | the notice; and |
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| 29 | 29 | | (B) after receiving notice under Paragraph (A), |
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| 30 | 30 | | the person does not remedy the violation in the specified time. |
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| 31 | 31 | | (f) A county is not liable for damages caused by an action |
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| 32 | 32 | | taken pursuant to an order issued under Subsection (e). |
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| 33 | 33 | | SECTION 2. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2021. |
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