HBA-CBW S.B. 936 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 936
By: Armbrister
Land & Resource Management
4/12/2001
Engrossed



BACKGROUND AND PURPOSE 

The law pertaining to the National Flood Insurance Program (program) is
outdated.  For example, the federal authority controlling the program has
changed from the United States Department of Housing and Urban Development
to the Federal Emergency Management Agency (FEMA).  In addition, there are
no provisions authorizing counties to enforce a floodplain management court
order and collect civil penalties for violation of the court order.
Further, counties are responsible for complying with the minimum
requirements under the program and prohibited from exceeding FEMA's minimum
requirements. Senate Bill 936 updates existing law to reflect necessary
changes pertaining to the program and expands enforcement capabilities
regarding the Flood Control and Insurance Act to all political
subdivisions. 

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. 

ANALYSIS

Senate Bill 936 amends the Water Code to require the Texas Natural Resource
Conservation Commission (TNRCC) to cooperate with the Federal Emergency
Management Agency (FEMA), rather than the Insurance Administrator of the
United States Department of Housing and Urban Development, in the planning
and carrying out of state participation in the National Flood Insurance
Program (program)  (Sec. 16.314).   

The bill authorizes political subdivisions to adopt more comprehensive
floodplain management rules that the political subdivision determines are
necessary for planning and appropriate to protect public health and safety,
participate in floodplain management and mitigation initiatives such as the
program's community rating system, Project Impact, or other initiatives
developed by federal, state, or local government, collect reasonable fees
to cover the cost of administering a local floodplain management program,
and take steps, using regional, watershed, and multi-objective approaches,
to improve the long-range management and use of flood-prone areas (Sec.
16.315).   

The bill requires TNRCC to aid, advise, and cooperate with political
subdivisions, the Texas Department of Insurance (department), and FEMA when
requested or deemed advisable by TNRCC (Sec. 16.316). The bill also
requires the department to aid, advise, and cooperate with political
subdivisions, TNRCC, and FEMA when requested or deemed advisable by the
department (Sec.16.317).   

The bill removes the provision prohibiting the commissioner of the General
Land Office or a political subdivision from imposing requirements stricter
than those established by  the National Flood Insurance Act (Sec. 16.321).
The bill provides that a violation of the Flood Control and Insurance Act
is a Class C misdemeanor (Sec. 16.3221).  The bill provides that if it
appears that a person has violated, is violating, or is threatening to
violate the Act or a rule adopted or order issued, a political subdivision,
rather than a county,  may institute a civil suit in the appropriate court.
The bill removes the population requirement pertaining to a political
subdivision's authority to institute a civil suit (Sec. 16.323).  The bill
removes the  provision relating to a political subdivision giving the
director of FEMA satisfactory assurance that the application and
enforcement of certain measures will commence as soon as technical
information on floodways and on controlling elevations is available (Sec.
16.318). 

EFFECTIVE DATE

September 1, 2001.