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4/12/2001 Engrossed BACKGROUND AND PURPOSE The law pertaining to the National Flood Insurance Program (program) is outdated.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.