1-1 AN ACT
1-2 relating to floodplain management and flood insurance; providing a
1-3 criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivisions (2) and (3), Section 16.313, Water
1-6 Code, are amended to read as follows:
1-7 (2) "National Flood Insurance Act" means the National
1-8 Flood Insurance Act of 1968, as amended (42 U.S.C. Sections 4001
1-9 through 4127), and the implementation and administration of the Act
1-10 by the director [Secretary] of the Federal Emergency Management
1-11 Agency [United States Department of Housing and Urban Development].
1-12 (3) "Director" ["Secretary"] means the director
1-13 [Secretary] of the Federal Emergency Management Agency [United
1-14 States Department of Housing and Urban Development].
1-15 SECTION 2. Sections 16.314 and 16.315, Water Code, are
1-16 amended to read as follows:
1-17 Sec. 16.314. COOPERATION OF COMMISSION. In recognition of
1-18 the necessity for a coordinated effort at all levels of government,
1-19 the commission shall cooperate with the Federal Emergency
1-20 Management Agency [Insurance Administrator of the United States
1-21 Department of Housing and Urban Development] in the planning and
1-22 carrying out of state participation in the National Flood Insurance
1-23 Program; however, the responsibility for qualifying for the
1-24 National Flood Insurance Program shall belong to any interested
1-25 political subdivision, whether presently in existence or created in
2-1 the future.
2-2 Sec. 16.315. POLITICAL SUBDIVISIONS; COMPLIANCE WITH
2-3 FEDERAL REQUIREMENTS. All political subdivisions are hereby
2-4 authorized to take all necessary and reasonable actions to comply
2-5 with the requirements and criteria of the National Flood Insurance
2-6 Program, including but not limited to:
2-7 (1) making appropriate land use adjustments to
2-8 constrict the development of land which is exposed to flood damage
2-9 and minimize damage caused by flood losses;
2-10 (2) guiding the development of proposed future
2-11 construction, where practicable, away from a location which is
2-12 threatened by flood hazards;
2-13 (3) assisting in minimizing damage caused by floods;
2-14 (4) authorizing and engaging in continuing studies of
2-15 flood hazards in order to facilitate a constant reappraisal of the
2-16 flood insurance program and its effect on land use requirements;
2-17 (5) engaging in floodplain management and adopting and
2-18 enforcing permanent land use and control measures consistent with
2-19 the criteria established under the National Flood Insurance Act;
2-20 (6) declaring property, when such is the case, to be
2-21 in violation of local laws, regulations, or ordinances which are
2-22 intended to discourage or otherwise restrict land development or
2-23 occupancy in flood-prone areas and notifying the director
2-24 [secretary], or whomever the director [he] designates, of such
2-25 property;
2-26 (7) consulting with, giving information to, and
3-1 entering into agreements with the Federal Emergency Management
3-2 Agency [Department of Housing and Urban Development] for the
3-3 purpose of:
3-4 (A) identifying and publishing information with
3-5 respect to all flood areas, including coastal areas; and
3-6 (B) establishing flood-risk zones in all such
3-7 areas and making estimates with respect to the rates of probable
3-8 flood-caused loss for the various flood-risk zones for each of
3-9 these areas;
3-10 (8) cooperating with the director's [secretary's]
3-11 studies and investigations with respect to the adequacy of local
3-12 measures in flood-prone areas as to land management and use, flood
3-13 control, flood zoning, and flood damage prevention;
3-14 (9) taking steps, using regional, watershed, and
3-15 multi-objective approaches, to improve the long-range management
3-16 and use of flood-prone areas;
3-17 (10) purchasing, leasing, and receiving property from
3-18 the director [secretary] when such property is owned by the federal
3-19 government and lies within the boundaries of the political
3-20 subdivision pursuant to agreements with the Federal Emergency
3-21 Management Agency [Department of Housing and Urban Development] or
3-22 other appropriate legal representative of the United States
3-23 Government;
3-24 (11) requesting aid pursuant to the entire
3-25 authorization from the commission;
3-26 (12) satisfying criteria adopted and promulgated by
4-1 the commission pursuant to the National Flood Insurance Program;
4-2 [and]
4-3 (13) adopting permanent land use and control measures
4-4 with enforcement provisions which are consistent with the criteria
4-5 for land management and use adopted by the director;
4-6 (14) adopting more comprehensive floodplain management
4-7 rules that the political subdivision determines are necessary for
4-8 planning and appropriate to protect public health and safety;
4-9 (15) participating in floodplain management and
4-10 mitigation initiatives such as the National Flood Insurance
4-11 Program's Community Rating System, Project Impact, or other
4-12 initiatives developed by federal, state, or local government; and
4-13 (16) collecting reasonable fees to cover the cost of
4-14 administering a local floodplain management program [secretary].
4-15 SECTION 3. Subsection (b), Section 16.316, Water Code, is
4-16 amended to read as follows:
4-17 (b) Pursuant to the National Flood Insurance Program and
4-18 state and local efforts complementing the program, the commission
4-19 shall aid, advise, and cooperate with political subdivisions, the
4-20 Texas Department [State Board] of Insurance, and the Federal
4-21 Emergency Management Agency [United States Department of Housing
4-22 and Urban Development] when aid, advice, and cooperation are
4-23 requested or deemed advisable by the commission [board].
4-24 SECTION 4. Sections 16.317, 16.318, 16.319, 16.320, and
4-25 16.321, Water Code, are amended to read as follows:
4-26 Sec. 16.317. COOPERATION OF TEXAS DEPARTMENT [STATE BOARD]
5-1 OF INSURANCE. Pursuant to the National Flood Insurance Program,
5-2 the Texas Department [State Board] of Insurance shall aid, advise,
5-3 and cooperate with political subdivisions, the commission, and the
5-4 Federal Emergency Management Agency [United States Department of
5-5 Housing and Urban Development] when such aid, advice, and
5-6 cooperation are requested or deemed advisable by the Texas
5-7 Department [State Board] of Insurance.
5-8 Sec. 16.318. RULES. Political subdivisions which qualify
5-9 for the National Flood Insurance Program, the Texas Department
5-10 [State Board] of Insurance, and the commission may adopt and
5-11 promulgate reasonable rules which are necessary for the orderly
5-12 effectuation of the respective authorizations herein.
5-13 Sec. 16.319. QUALIFICATION. Political subdivisions wishing
5-14 to qualify under the National Flood Insurance Program shall have
5-15 the authority to do so by complying with the directions of the
5-16 Federal Emergency Management Agency [Department of Housing and
5-17 Urban Development] and by:
5-18 (1) evidencing to the director [secretary] a positive
5-19 interest in securing flood insurance coverage under the National
5-20 Flood Insurance Program; and
5-21 (2) giving to the director [secretary] satisfactory
5-22 assurance that measures will have been adopted for the political
5-23 subdivision which measures will be consistent with the
5-24 comprehensive criteria for land management and use developed by the
5-25 Federal Emergency Management Agency [Department of Housing and
5-26 Urban Development, and that the application and enforcement of such
6-1 measures will commence as soon as technical information on
6-2 floodways and on controlling elevations is available].
6-3 Sec. 16.320. COASTAL EROSION. The Commissioner of the
6-4 General Land Office is authorized to perform all acts necessary to
6-5 develop and implement a program for certification of structures
6-6 subject to imminent collapse due to erosion under the National
6-7 Flood Insurance Act [of 1968 (42 U.S.C. Section 4001 et seq.)].
6-8 This program shall include administrative rules adequate to meet
6-9 all erosion-related requirements of the National Flood Insurance
6-10 Act [of 1968 (42 U.S.C. Section 4001 et seq.)], including the
6-11 establishment of required erosion zones in order for the state to
6-12 receive approval to administer the program. This section shall
6-13 apply to any amendment of or law replacing Section 4013(c) of the
6-14 National Flood Insurance Act [of 1968 (42 U.S.C. Section 4001 et
6-15 seq.)]. Except as otherwise provided by this section, all actions
6-16 taken by political subdivisions under Section 16.315 of this code
6-17 with respect to structures in imminent danger of collapse from
6-18 coastal erosion must comply with rules and regulations adopted by
6-19 the commissioner under this section. A political subdivision may
6-20 adopt rules that are more stringent than those adopted by the
6-21 commissioner under this section, provided the stricter provisions
6-22 are intended to ensure compliance with the National Flood Insurance
6-23 Program's [Programs'] rules, regulations, and policies.
6-24 Sec. 16.321. COASTAL FLOODING. The Commissioner of the
6-25 General Land Office shall adopt and enforce reasonable rules and
6-26 regulations necessary for protection from flooding on barrier
7-1 islands, peninsulas, and mainland areas fronting on the Gulf of
7-2 Mexico. Rules and regulations adopted pursuant to this section
7-3 shall be limited to those matters that political subdivisions are
7-4 authorized to address under Section 16.315 of this code [and may
7-5 not impose requirements stricter than those established by the
7-6 federal agency administering the National Flood Insurance Act of
7-7 1968 (42 U.S.C. Section 4001 et seq.)]. Except as otherwise
7-8 provided by this section, all actions taken by political
7-9 subdivisions under Section 16.315 of this code with respect to
7-10 flooding on barrier islands, peninsulas, and mainland areas
7-11 fronting on the Gulf of Mexico must comply with rules and
7-12 regulations adopted by the commissioner under this section. A
7-13 political subdivision may adopt rules that are more stringent than
7-14 those adopted by the commissioner under this section, provided the
7-15 stricter provisions are intended to ensure compliance with the
7-16 National Flood Insurance Program's [Programs'] rules, regulations,
7-17 and policies.
7-18 SECTION 5. Subchapter I, Chapter 16, Water Code, is amended
7-19 by adding Section 16.3221 to read as follows:
7-20 Sec. 16.3221. CRIMINAL PENALTY. (a) A person commits an
7-21 offense if the person violates this subchapter.
7-22 (b) An offense under this section is a Class C misdemeanor.
7-23 (c) Each violation of this subchapter and each day of a
7-24 continuing violation is a separate offense.
7-25 SECTION 6. Section 16.323, Water Code, is amended to read as
7-26 follows:
8-1 Sec. 16.323. ENFORCEMENT BY POLITICAL SUBDIVISION [COUNTY].
8-2 (a) If it appears that a person has violated, is violating, or is
8-3 threatening to violate this subchapter or a rule adopted or order
8-4 issued under this subchapter, a political subdivision [county] may
8-5 institute a civil suit in the appropriate [a district] court for:
8-6 (1) injunctive relief to restrain the person from
8-7 continuing the violation or threat of violation, including an order
8-8 directing the person to remove illegal improvements and restore
8-9 preexisting conditions;
8-10 (2) the assessment and recovery of the civil penalty
8-11 provided by Section 16.322; or
8-12 (3) both the injunctive relief and the civil penalty.
8-13 (b) On application for injunctive relief and a finding that
8-14 a person has violated, is violating, or is threatening to violate
8-15 this subchapter or a rule adopted or order issued under this
8-16 subchapter, the [district] court shall grant the injunctive relief
8-17 that the facts warrant.
8-18 [(c) This section applies only to a county that:]
8-19 [(1) contains two or more municipalities each of which
8-20 has a population of 250,000 or more;]
8-21 [(2) has a population of 2.8 million or more; or]
8-22 [(3) has a population of 270,000 or more and is
8-23 adjacent to two or more counties each of which has a population of
8-24 one million or more.]
8-25 SECTION 7. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 936 passed the Senate on
March 22, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 936 passed the House on
May 8, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor