Texas 2023 - 88th Regular

Texas House Bill HB435

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain improvements made to certain land subject to inundation.

Impact

The proposed changes in HB 435 would significantly affect property owners whose lands are subject to flooding. By defining stringent rules regarding what can be constructed on such land, the bill aims to reduce the risk of pollution and habitat degradation in bodies of water. Additionally, it provides a legal pathway for individuals who suffer damage due to constructions that violate these regulations, thereby reinforcing property rights and accountability among landowners.

Summary

House Bill 435, introduced by Representative Lopez of Bexar, focuses on the rules governing improvements made on land prone to inundation. It specifically amends Section 11.090 of the Texas Water Code to enhance regulations aimed at preventing pollution in water bodies and to clarify property owners' responsibilities regarding land adjacent to fluctuating water levels. The bill emphasizes the importance of maintaining cleanliness in canals, reservoirs, and lakes by prohibiting the disposal of certain hazardous materials in these areas, alongside imposing penalties for violations.

Sentiment

The general sentiment around HB 435 appears to lean towards environmental protection and public health, as it seeks to establish clear guidelines intended to safeguard natural water resources. Proponents can be expected to support the bill for its role in preventing pollution and enhancing state control over land use in flood-prone areas. However, there may be concerns from property owners regarding the extent of government oversight, potentially leading to opposition from those who value less regulation.

Contention

A notable point of contention regarding HB 435 may arise from the balance between regulatory authority and property rights. While the bill seeks to protect environmental integrity by imposing specific restrictions on land development near water bodies, it may also be viewed as an infringement on individual rights to use private property as one sees fit. This conflict mirrors broader discussions about land use regulations and the responsibilities of property owners, particularly in vulnerable ecological areas.

Texas Constitutional Statutes Affected

Water Code

  • Chapter 11. Water Rights
    • Section: 090

Companion Bills

No companion bills found.

Previously Filed As

TX HB3176

Relating to certain improvements made to certain land subject to inundation.

TX S0080

An act relating to miscellaneous environmental conservation subjects

TX S0124

An act relating to miscellaneous agricultural subjects

TX HB3382

Waters and water rights; subjecting certain violations to administrative penalties; setting maximum penalty; effective date.

TX SB1369

Creates provisions relating to land application of certain wastes

TX H352

Bid Reqs/Permitting/Inundation Maps/CAMA

TX SB765

Relating to seller's disclosures regarding the proximity of certain residential real property to certain landfills and related facilities.

TX HB1643

Relating to abatement of public nuisances on certain undeveloped land; amending provisions subject to a criminal penalty.

TX SB499

Revise adverse possession laws relating to certain land and improvements

TX HB1597

Contracts; Notice of Opportunity to Repair Act; subjecting requirements to certain contractual agreements; effective date.

Similar Bills

No similar bills found.