HBA-RBT H.B. 665 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 665
By: Denny
Land & Resource Management
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

The Water Code provides that a county containing two or more municipalities
each with a population of 250,000 or more has authority to enforce flood
plain regulations through civil penalties.  The Health and Safety Code
authorizes county regulation of the flood plain and provides various
penalties for violations.  H.B. 665 provides that a county with a
population of 270,000 or more and that is adjacent to two or more counties,
both with a population of one million or more, has the statutory authority
to enforce flood plain regulations pursuant to Section 16.323. 
 
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 16.323(c), Water Code, to provide that this
section is applicable to a county that has a population of 270,000 or more
and is adjacent to two or more counties each of which has a population of
one million or more, as well as to counties with two or more municipalities
each of which has a population of over 250,000.  Section 16.323 authorizes
a county to sue and obtain an injunction against a person who has violated,
is violating, or is threatening to violate Subchapter I, Water Code (Flood
Insurance). 

SECTION 2.  Emergency clause.
  Effective date: upon passage.