Tex. Water Code § 16.062 — TX Code / Code wa / Chapter 16 / Section 16.062
§ 16.062. REGIONAL FLOOD PLANNING.
Status: in_force

(a) The board shall:

(1) designate flood planning regions corresponding to each river basin;

(2) provide technical and financial assistance to the flood planning groups; and

(3) adopt guidance principles for the regional flood plans, including procedures for amending adopted plans.

(b) In designating flood planning regions, the board may divide river basins to avoid having an impracticably large area for efficient planning in a flood planning region.

(c) The board shall designate representatives from each flood planning region to serve as the initial flood planning group. The initial flood planning group may then designate additional representatives to serve on the flood planning group. The initial flood planning group shall designate additional representatives if necessary to ensure adequate representation from the interests in its region, including the public, counties, municipalities, industries, agricultural interests, environmental interests, small businesses, electric generating utilities, river authorities, water districts, and water utilities. The flood planning group shall maintain adequate representation from those interests. In addition, the board, the commission, the General Land Office, the Parks and Wildlife Department, the Department of Agriculture, the State Soil and Water Conservation Board, and the Texas Division of Emergency Management each shall appoint a representative to serve as an ex officio member of each flood planning group.

(d) Each regional flood planning group shall hold public meetings as provided by board rule to gather from interested persons, including members of the public and other political subdivisions located in that county, suggestions and recommendations as to issues, provisions, projects, and strategies that should be considered for inclusion in a regional flood plan.

(e) Each flood planning group shall consider the information collected under Subsection (d) in creating a regional flood plan. A regional flood plan must:

(1) use information based on scientific data and updated mapping; and

(2) include:

(A) a general description of the condition and functionality of flood control infrastructure in the flood planning region;

(B) flood control projects under construction or in the planning stage;

(C) information on land use changes and population growth in the flood planning region;

(D) an identification of the areas in the flood planning region that are prone to flood and flood control solutions for those areas; and

(E) an indication of whether a particular flood control solution:

(i) meets an emergency need;

(ii) uses federal money as a funding component; and

(iii) may also serve as a water supply source.

(f) After a flood planning group prepares a regional flood plan, the group shall hold at least one public meeting in a central location in the flood planning region to accept comments on the regional flood plan. The flood planning group shall:

(1) cooperate with the board to determine what method of providing notice for the public meeting is most accessible to persons in the flood planning region; and

(2) publish, post, or otherwise disseminate notice of the public meeting according to the method described by Subdivision (1).

(g) The notice published, posted, or otherwise disseminated under Subsection (f) must contain:

(1) the date, time, and location of the public meeting or hearing;

(2) a summary of the regional flood plan;

(3) the name, telephone number, and address of a person to whom questions or requests for additional information may be submitted; and

(4) information on how the public may submit comments.

(h) After consideration of the comments received at the public meeting, the flood planning group shall adopt the regional flood plan and submit the adopted regional flood plan to the board. The board shall make a determination whether the regional flood plan:

(1) satisfies the requirements for regional flood plans adopted in the guidance principles described by Subsection (a);

(2) adequately provides for the preservation of life and property and the development of water supply sources, where applicable; and

(3) affects a neighboring area.

(i) If the board makes a determination that an element of a regional flood plan negatively affects a neighboring area, the board must coordinate with the affected area to adjust the plan to ensure that no neighboring area is negatively affected by the plan.

(j) The board shall approve a regional flood plan when it:

(1) satisfies the requirements of Subsections (h)(1) and (2); and

(2) does not negatively affect a neighboring area.

(k) A flood planning group may amend a regional flood plan after the plan has been approved by the board according to rules adopted by the board.

(l) Each flood planning group and committee or subcommittee of a flood planning group is subject to Chapters 551 and 552, Government Code.

(m) The board shall review and update rules adopted under this section as necessary but at least every five years to coincide with the five-year cycle for adoption of a new flood plan as described in Section 16.061.

(n) The requirement to review a rule not later than the fourth anniversary of the date on which the rule takes effect and every four years after that date under Section 2001.039(b), Government Code, does not apply to a rule adopted under this section.