HBA-ALS S.B. 142 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 142
By: Brown, J.E.
Land & Resource Management
4/23/1999
Engrossed



BACKGROUND AND PURPOSE 

Floods are one of the most destructive natural disasters in the United
States which cause significant damage to property, agriculture, and
infrastructure.  Because of the huge sums of money involved, the private
insurance industry has found it uneconomical for it alone to make flood
insurance available on reasonable terms and conditions to those in need of
such protection. In response, Congress enacted the National Flood Insurance
Act of 1968 to make available flood insurance through the coordinated
efforts of the federal, state, and local government and the private
insurance industry.  At the state level, the Texas Legislature enacted the
Flood Control and Insurance Act.  The purpose of the legislation is to help
Texas citizens secure flood insurance under the federal program and to
encourage sound land use by minimizing exposure of property to flood
losses. 

State law authorizes all political subdivisions to engage in flood plain
management and promulgate rules to achieve that management.  A county
containing two or more municipalities, each of which has a population of
250,000 or more, is authorized to institute a civil action in district
court to enforce its regulations.  Counties that do not satisfy the
population requirement may not institute a civil action.  S.B. 142 includes
a county that has a population of 2.8 million or more among the types of
counties authorized to sue to restrain a person from violating or
threatening to violate the Flood Control and Insurance Act and to recover a
civil penalty for each violation. 

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 include a county that
has a population of 2.8 million or more among the types of counties that
may file a civil suit to restrain a person from violating or threatening to
violate Subchapter I (Flood Insurance) and/or to recover a civil penalty
for each violation. 

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