reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.183. Permit: Paramount Consideration of Commission

Sec. 16.183.  PERMIT:  PARAMOUNT CONSIDERATION OF COMMISSION.  In passing on an application for a permit under this subchapter whether it proposes a use of water inside or outside the watershed of the impoundment, the commission shall give paramount consideration to recouping the state's investment in order to protect the public interest and promote the general welfare.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.184. Contract Must Be Negotiated

Sec. 16.184.  CONTRACT MUST BE NEGOTIATED.  The commission shall not issue the permit until the applicant has executed a contract with the board for acquisition of the facilities.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.185. Reservoir Land

Sec. 16.185.  RESERVOIR LAND.  The board may lease acquired reservoir land until construction of the dam is completed without the necessity of a permit issued by the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.186. Price of Sale

Sec. 16.186.  PRICE OF SALE.  (a)  The price of the sale or transfer of a state facility acquired prior to September 1, 1977, other than a facility acquired under a contract with the United States, shall be the sum of the direct cost of acquisition, plus an amount of interest calculated when one-half of one percent is added to the weighted average effective interest rate in effect at the date of sale or transfer of the state facility times the amount of board money disbursed for the acquisition times the number of years and fraction of a year from the date or dates of purchase or acquisition to the date or dates of sale or transfer, plus the board's cost of operating and maintaining the facility from the date of acquisition to the date of sale or transfer, less any payments received by the board from the lease of the facility or the sale of water from it.  The board may negotiate with a purchaser a different interest rate for calculation of the price of sale if the board determines that establishment of a different interest rate would benefit the state and would expedite the sale of the board's interest in the facility.
(b)  The price of the sale or transfer of a state facility acquired on or subsequent to September 1, 1977, other than a facility acquired under a contract with the United States, shall be the sum of the direct cost of acquisition, plus an amount of interest calculated by multiplying the lending rate in effect at the date of acquisition by the amount of board money disbursed for the acquisition times the number of years and fraction of a year from the date or dates of the purchase or acquisition to the date or dates of the sale or transfer of the state facility, plus the board's cost of operating and maintaining the facility from the date of acquisition to the date of sale or transfer, less any payments received by the board from the lease of the facility or the sale of water from it.
(c)  The purchaser of the board's interest in a state facility shall also assume, to the extent disclosed by the board at or prior to the sale, any and all direct, conditional, or contingent liabilities of the board attributed to the project in direct relation to the percentage of the project acquired by the purchaser.
Amended by Acts 1977, 65th Leg., p. 671, ch. 254, Sec. 2, eff. May 25, 1977.  Renumbered from 11.356 by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1989, 71st Leg., ch. 307, Sec. 1, eff. June 14, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.187. Price of Sale: Facilities Acquired Under Contracts With the United States

Sec. 16.187.  PRICE OF SALE:  FACILITIES ACQUIRED UNDER CONTRACTS WITH THE UNITED STATES.  (a)  The price of the sale or transfer of a facility acquired prior to September 1, 1977, under a contract with the United States shall be the sum of the direct cost of acquisition, plus an amount of interest calculated by adding one-half of one percent to the weighted average effective interest rate in effect at the date of the sale or transfer of the state facility times the amount of board money disbursed for the acquisition times the number of years and fraction of a year for which the board paid interest to the other party to the contract, plus the board's cost of operating and maintaining the facility from the date of acquisition to the date of the sale or transfer, less any payments received by the board from the lease of the facility or the sale of water from it.
(b)  The price of the sale or transfer of a state facility acquired on or subsequent to September 1, 1977, under a contract with the United States shall be the sum of the direct cost of acquisition, plus an amount of interest calculated by multiplying the lending rate in effect at the time of acquisition by the amount of board money disbursed for the acquisition of the facility times the number of years and fraction of a year from the date or dates of purchase or acquisition to the date or dates of sale or transfer, plus the board's cost of operating and maintaining the facility from the date of acquisition to the date of the sale or transfer of the facility, less any payments received by the board from the lease of the facility or the sale of water from it.
(c)  If, in transferring any contract, the board remains in any way directly, conditionally, or contingently liable for the performance of any part of the contract, then the transferee, in addition to the payments prescribed by Subsection (a) or (b) of this section, as applicable, shall pay to the board annually one-half of one percent of the remaining amount owed to the other party to the contract, and shall continue these payments until the board is fully released from the contract.
Amended by Acts 1977, 65th Leg., p. 671, ch. 254, Sec. 2, eff. May 25, 1977.  Renumbered from 11.357 and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.1871. Acquisition Date

Sec. 16.1871.  ACQUISITION DATE.  (a)  If the board has made an initial payment prior to September 1, 1977, to acquire a state facility, other than a facility acquired under a contract with the United States, the state facility shall be deemed to have been acquired prior to September 1, 1977, for purposes of Section 16.186 of this code.  If the board makes its initial payment on or after September 1, 1977, to acquire a state facility, other than a facility acquired under a contract with the United States, the state facility shall be deemed to have been acquired on or after September 1, 1977, for purposes of Section 16.186 of this code.
(b)  If the board has executed a contract with the United States prior to September 1, 1977, to purchase a state facility, the state facility shall be deemed to have been acquired prior to September 1, 1977, for purposes of Section 16.187 of this code.  If the board executes a contract with the United States on or after September 1, 1977, to purchase a state facility, the state facility shall be deemed to have been acquired on or after September 1, 1977, for purposes of Section 16.187 of this code.
Added by Acts 1977, 65th Leg., p. 673, ch. 254, Sec. 3, eff. May 25, 1977.  Renumbered from Sec. 11.3571 and amended by Acts 1987, 70th Leg., ch. 977, Sec. 7, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.188. Costs Defined

Sec. 16.188.  COSTS DEFINED.  With reference to the sale of a state facility, "direct cost of acquisition" means the principal amount the board has paid or agreed to pay for a facility up to the date of sale, but does not include the board's cost of operating and maintaining the facility from the date of acquisition to the date of the sale or transfer of the facility.
Amended by Acts 1977, 65th Leg., p. 671, ch. 254, Sec. 2, eff. May 25, 1977.  Renumbered from 11.358 by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.189. Lease Payments

Sec. 16.189.  LEASE PAYMENTS.  In leasing a state facility for a term of years, the board shall require payments that will recover over the lease period not less than the total of:
(1)  all principal and interest requirements applicable to the debt incurred by the state in acquiring the facility;  and
(2)  the state's cost for operation, maintenance, and rehabilitation of the facility.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1997, 75th Leg., ch. 1010, Sec. 5.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.190. Sale or Lease: Condition Precedent

Sec. 16.190.  SALE OR LEASE:  CONDITION PRECEDENT.  (a)  No sale, transfer, or lease of a state facility is valid unless the board first makes the following affirmative findings:
(1)  that the applicant has a permit granted by the commission;
(2)  that the sale, transfer, or lease will contribute to the conservation and development of the water resources of the state;  and
(3)  that the consideration for the sale, transfer, or lease is fair, just, and reasonable and in full compliance with the law.
(b)  The consideration for any such sale or transfer may be either money or revenue bonds, which revenue bonds for the purposes hereof shall be deemed the same as money.
(c)  The amount of money shall be equal to the price for purchasing the facilities as prescribed by the provisions of Section 16.187 of this code, or if revenue bonds constitute the consideration, the principal amount of revenue bonds shall be equal to the price for purchasing the facilities as prescribed by the provisions of Section 16.187 of this code, and such revenue bonds shall bear interest at the rate prescribed in Section 17.128 of this code with regard to bonds purchased with the proceeds of the Texas Water Development Fund.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.191. Disposition of Proceeds

Sec. 16.191.  DISPOSITION OF PROCEEDS.  (a)  The money received from any sale, transfer, or lease of facilities as cash, or in the case of a sale or transfer involving revenue bonds, the money received as matured interest or principal on the bonds shall be used to pay the principal of and interest on water development bonds or to meet contractual obligations incurred by the board.  The money shall be collected and credited to the proper special fund as is money received in payment of principal and interest on loans to political subdivisions under this code, taking into consideration the manner in which the facilities were acquired.
(b)  When enough money has been collected to pay all outstanding indebtedness, including the principal of all state bonds and contractual obligations and the full amount of interest to accrue on these debts, the board may use any further amounts received from the sale, transfer, or lease of facilities to acquire additional facilities or to provide assistance to political subdivisions for water supply projects.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.192. Sale of Stored Water

Sec. 16.192.  SALE OF STORED WATER.  The board may sell any unappropriated public water of the state and other water acquired by the state that is stored by or for it.  The price will be determined by the board.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.193. Permit

Sec. 16.193.  PERMIT.  (a)  The board may not sell the water stored in a facility to any person who has not obtained a permit from the commission.  The rights of the applicant in the water are governed by the terms and conditions of the permit.  The permit may be for a term of years.
(b)  Whether the application for a permit involves a proposed use of water inside or outside the watershed of the impoundment, the commission shall give paramount consideration to recouping the state's investment in order to protect the public interest and promote the general welfare.
(c)  The permit shall be conditioned on continued payment of the obligations assumed under the contract with the board and may provide for cancellation at any time on breach of the contract.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.194. Sale Contract: Provisions, Limitations

Sec. 16.194.  SALE CONTRACT:  PROVISIONS, LIMITATIONS.  (a)  The board may determine the consideration and other provisions to be included in water sale contracts, but the consideration and other provisions shall be fair, reasonable, and nondiscriminatory.  The board may include charges for standby service, which means holding water and conservation storage space for use and for actual delivery of water.
(b)  The board shall make the same determinations with respect to the sale of water as are required in Section 16.190 of this code with respect to the sale or lease of facilities.
(c)  The board shall not compete with any political subdivision in the sale of water when this competition jeopardizes the ability of the political subdivision to meet obligations incurred to finance its own water supply projects.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.195. Emergency Releases of Water

Sec. 16.195.  EMERGENCY RELEASES OF WATER.  Unappropriated water and other water of the state stored in any facility acquired by and under the control of the board may be released without charge to relieve any emergency condition arising from drought, severe water shortage, or public calamity, if the commission first determines the existence of the emergency and requests the board to release water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.196. Preferences

Sec. 16.196.  PREFERENCES.  The board shall give political subdivisions a preferential right, but not an exclusive right, to purchase, acquire, or lease facilities and to purchase water from facilities.  Preferences shall be given in these respects in accord with the provisions of Section 11.123 of this code relating to preferences in the appropriation and use of state water.  The board and the commission shall coordinate their efforts to meet these objectives and to assure that the public water of this state, which is held in trust for the use and benefit of the public, will be conserved, developed, and utilized in the greatest practicable measure for the public welfare.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.197. Lease of Land Prior to Project Construction

Sec. 16.197.  LEASE OF LAND PRIOR TO PROJECT CONSTRUCTION.  The board may lease tracts of land acquired for project purposes for a term of years for any purpose not inconsistent with ultimate project construction.  The lease shall be scheduled to expire before initiation of project construction.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter F. Sale or Lease of Facilities › Section 16.198. Lease Contributions Equivalent to Taxes

Sec. 16.198.  LEASE CONTRIBUTIONS EQUIVALENT TO TAXES.  The lease may provide for contribution by the lessee to units of local government of amounts equivalent to ad valorem taxes or special assessments.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter G. Improvements › Section 16.231. Design of Improvements or System of Improvements

Sec. 16.231.  DESIGN OF IMPROVEMENTS OR SYSTEM OF IMPROVEMENTS.  Insofar as possible, improvements necessary to reclaim overflowed land, swampland, and other land in this state that is not suitable for use because of temporary or permanent excessive accumulation of water on or contiguous to the land for agricultural or other use shall be designed with primary consideration to the topographic and hydrographic conditions and in such a manner that each division of a project shall be a complete, united project forming a coordinate part of an ultimately finished series of projects so constituted that the successful operation of each united project shall coordinate with the successful operation of other projects within the same hydraulic influence.
Formerly Sec. 16.233, amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Renumbered and amended by Acts 1981, 67th Leg., p. 3156, ch. 828, Sec. 8, eff. June 17, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter G. Improvements › Section 16.232. Location of Projects; Reports

Sec. 16.232.  LOCATION OF PROJECTS;  REPORTS.  The executive director shall maintain files reflecting engineering reports, studies, drawings, and staff findings and recommendations pertaining to the location and effect of reclamation projects.
Formerly Sec. 16.234, amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Renumbered and amended by Acts 1981, 67th Leg., p. 3156, ch. 828, Sec. 8, eff. June 17, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.049, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 977, Sec. 16, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter G. Improvements › Section 16.233. Cooperation With Other Agencies

Sec. 16.233.  COOPERATION WITH OTHER AGENCIES.  In performing functions that are a part of duties assigned to the commission or board by this code or other law, the executive director, with the approval of the commission, or the executive administrator, with the approval of the board, may confer with federal and state agencies and with political subdivisions and may execute cooperative agreements with them.  The executive director or executive administrator may cancel any such agreement on 10 days notice to the other party.
Formerly Sec. 16.235, amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Renumbered by Acts 1981, 67th Leg., p. 3156, ch. 828, Sec. 8, eff. June 17, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.049, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter G. Improvements › Section 16.234. Advice to Districts

Sec. 16.234.  ADVICE TO DISTRICTS.  The executive director shall confer with districts requesting technical advice on the adequate execution of proposed levee and drainage improvements.
Formerly Sec. 16.236, amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Renumbered by Acts 1981, 67th Leg., p. 3156, ch. 828, Sec. 8, eff. June 17, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter G. Improvements › Section 16.235. Districts to File Information With Commission

Sec. 16.235.  DISTRICTS TO FILE INFORMATION WITH COMMISSION.  Immediately before having its bonds approved by the attorney general, each drainage district and levee improvement district shall file with the commission, on forms furnished by the commission, a complete record showing each step in the organization of the district, the amount of bonds to be issued, and a description of the area and boundaries of the district, accompanied by plans, maps, and profiles of improvements and the district engineer's estimates and reports on them.
Formerly Sec. 16.237, amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Renumbered by Acts 1981, 67th Leg., p. 3156, ch. 828, Sec. 8, eff. June 17, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.049, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter G. Improvements › Section 16.237. Administrative Penalty; Civil Remedy

Sec. 16.237.  ADMINISTRATIVE PENALTY;  CIVIL REMEDY.  (a)  If a person violates a commission rule or order adopted under Section 16.236 of this code, the commission may assess an administrative penalty against that person as provided by Section 11.0842 of this code.
(b)  Nothing in this chapter affects the right of any private corporation, individual, or political subdivision that has a justiciable interest in pursuing any available common-law remedy to enforce a right or to prevent or seek redress or compensation for the violation of a right or otherwise redress an injury.
Added by Acts 1997, 75th Leg., ch. 1010, Sec. 3.06, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter H. Navigation Facilities › Section 16.271. Improvement of Streams and Canals and Construction of Facilities Within Cypress Creek Drainage Basin

Sec. 16.271.  IMPROVEMENT OF STREAMS AND CANALS AND CONSTRUCTION OF FACILITIES WITHIN CYPRESS CREEK DRAINAGE BASIN.  The board may improve streams and canals and construct all waterways and other facilities necessary to provide for navigation within the Cypress Creek drainage basin which is located in the northeast portion of the state.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter H. Navigation Facilities › Section 16.272. Long-Term Contracts With the United States

Sec. 16.272.  LONG-TERM CONTRACTS WITH THE UNITED STATES.  The board may execute long-term contracts with the United States or any of its agencies for the acquisition and development of improvements and facilities under Section 16.271 of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter H. Navigation Facilities › Section 16.273. Temporary Authority to Act for District

Sec. 16.273.  TEMPORARY AUTHORITY TO ACT FOR DISTRICT.  The board may act in behalf of a local district or districts until they can take over the project or projects in accordance with the board's agreement with the district or districts in acting as the sponsor.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.311. Short Title

Sec. 16.311.  SHORT TITLE.  This subchapter may be cited as the Flood Control and Insurance Act.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
Sec. 16.312.  PURPOSE.  The State of Texas recognizes the personal hardships and economic distress caused by flood disasters since it has become uneconomic for the private insurance industry alone to make flood insurance available to those in need of such protection on reasonable terms and conditions.  Recognizing the burden of the nation's resources, congress enacted the National Flood Insurance Act of 1968, as amended (42 U.S.C. Sections 4001 through 4127), whereby flood insurance can be made available through coordinated efforts of the federal government and the private insurance industry, by pooling risks, and the positive cooperation of state and local government.  The purpose of this subchapter is to evidence a positive interest in securing flood insurance coverage under this federal program and to so procure for those citizens of Texas desiring to participate and in promoting the public interest by providing appropriate protection against the perils of flood losses and in encouraging sound land use by minimizing exposure of property to flood losses.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.313. Definitions

Sec. 16.313.  DEFINITIONS.  In this subchapter:
(1)  "Political subdivision" means any political subdivision or body politic and corporate of the State of Texas and includes any county, river authority, conservation and reclamation district, water control and improvement district, water improvement district, water control and preservation district, fresh water supply district, irrigation district, and any type of district heretofore or hereafter created or organized or authorized to be created or organized pursuant to the provisions of Article XVI, Section 59 or Article III, Section 52 of the Constitution of the State of Texas;  "political subdivision" also means any interstate compact commission to which the State of Texas is a party, municipal corporation, or city whether operating under the Home Rule Amendment of the Constitution or under the General Law.
(2)  "National Flood Insurance Act" means the National Flood Insurance Act of 1968, as amended (42 U.S.C. Sections 4001 through 4127), and the implementation and administration of the Act by the director of the Federal Emergency Management Agency.
(3)  "Director" means the director of the Federal Emergency Management Agency.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 258, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.314. Cooperation of Board

Sec. 16.314.  COOPERATION OF BOARD.  In recognition of the necessity for a coordinated effort at all levels of government, the board shall cooperate with the Federal Emergency Management Agency in the planning and carrying out of state participation in the National Flood Insurance Program; however, the responsibility for qualifying for the National Flood Insurance Program shall belong to any interested political subdivision, whether presently in existence or created in the future.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.051, eff. Sept. 1. 1985;  Acts 2001, 77th Leg., ch. 258, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1323 (S.B. 1436), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.3145. National Flood Insurance Program Orders or Ordinances

Sec. 16.3145.  NATIONAL FLOOD INSURANCE PROGRAM ORDERS OR ORDINANCES.  The governing body of each city and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to participate in the National Flood Insurance Program.
Added by Acts 1999, 76th Leg., ch. 1360, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.316. Coordination of Local, State, and Federal Programs by Board

Sec. 16.316.  COORDINATION OF LOCAL, STATE, AND FEDERAL PROGRAMS BY BOARD.  (a)  The board shall aid, advise, and coordinate the efforts of present and future political subdivisions endeavoring to qualify for participation in the National Flood Insurance Program.
(b)  Pursuant to the National Flood Insurance Program and state and local efforts complementing the program, the board shall aid, advise, and cooperate with political subdivisions, the Texas Department of Insurance, and the Federal Emergency Management Agency when aid, advice, and cooperation are requested or deemed advisable by the board.
(c)  The aforementioned aid may include but is not necessarily limited to:
(1)  coordinating local, state, and federal programs relating to floods, flood losses, and floodplain management;
(2)  evaluating the present structure of all federal, state, and political subdivision flood control programs within or adjacent to the state, including an assessment of the extent to which public and private floodplain management activities have been instituted;
(3)  carrying out studies with respect to the adequacy of present public and private measures, laws, regulations, and ordinances in flood-prone areas as to land management and use, flood control, flood zoning, and flood damage prevention;
(4)  evaluating all available engineering, hydrologic, and geologic data relevant to flood-prone areas and flood control in those areas;
(5)  carrying out floodplain studies and mapping programs of floodplains, flood-prone areas, and flood-risk zones;
(6)  encouraging the Federal Emergency Management Agency to evaluate flood-prone areas by river basin and river system;
(7)  coordinating the use of federal, state, and local grant money;
(8)  making floodplain maps and floodplain information accessible to the public, including in an electronic format through the board's Internet website; and
(9)  maintaining at least one staff member in each of the board's field offices to encourage participation in the National Flood Insurance Program by performing education and outreach and coordinating the efforts of political subdivisions.
(d)  On the basis of such studies and evaluations, the board, to the extent of its capabilities, shall periodically identify and publish information and maps with respect to all floodplain areas, including the state's coastal area, which have flood hazards, and where possible aid the federal government in identifying and establishing flood-risk zones in all such areas.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.051, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 258, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1323 (S.B. 1436), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.317. Cooperation of Texas Department of Insurance

Sec. 16.317.  COOPERATION OF TEXAS DEPARTMENT OF INSURANCE.  Pursuant to the National Flood Insurance Program, the Texas Department of Insurance shall aid, advise, and cooperate with political subdivisions, the board, and the Federal Emergency Management Agency when such aid, advice, and cooperation are requested or deemed advisable by the Texas Department of Insurance.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.051, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 258, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1323 (S.B. 1436), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.318. Rules

Sec. 16.318.  RULES.  Political subdivisions which qualify for the National Flood Insurance Program, the Texas Department of Insurance, and the board may adopt and promulgate reasonable rules which are necessary for the orderly effectuation of the respective authorizations herein.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 795, Sec. 1.051, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 258, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1323 (S.B. 1436), Sec. 9, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.319. Qualification

Sec. 16.319.  QUALIFICATION.  Political subdivisions wishing to qualify under the National Flood Insurance Program shall have the authority to do so by complying with the directions of the Federal Emergency Management Agency and by:
(1)  evidencing to the director a positive interest in securing flood insurance coverage under the National Flood Insurance Program; and
(2)  giving to the director satisfactory assurance that measures will have been adopted for the political subdivision that will be not less stringent than the comprehensive criteria for land management and use developed by the Federal Emergency Management Agency.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1977, 65th Leg., 1st C.S., p. 58, ch. 4, Sec. 3, eff. Sept. 1, 1977;  Acts 2001, 77th Leg., ch. 258, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1323 (S.B. 1436), Sec. 9A, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.17, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.320. Coastal Erosion

Sec. 16.320.  COASTAL EROSION.  The Commissioner of the General Land Office is authorized to perform all acts necessary to develop and implement a program for certification of structures subject to imminent collapse due to erosion under the National Flood Insurance Act. This program shall include administrative rules adequate to meet all erosion-related requirements of the National Flood Insurance Act, including the establishment of required erosion zones in order for the state to receive approval to administer the program.  This section shall apply to any amendment of or law replacing Section 4013(c) of the National Flood Insurance Act. Except as otherwise provided by this section, all actions taken by political subdivisions under Section 16.315 of this code with respect to structures in imminent danger of collapse from coastal erosion must comply with rules and regulations adopted by the commissioner under this section.  A political subdivision may adopt rules that are more stringent than those adopted by the commissioner under this section, provided the stricter provisions are intended to ensure compliance with the National Flood Insurance Program's rules, regulations, and policies.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 38, eff. June 7, 1991.  Amended by Acts 1997, 75th Leg., ch. 460, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 258, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.321. Coastal Flooding

Sec. 16.321.  COASTAL FLOODING.  The Commissioner of the General Land Office shall adopt and enforce reasonable rules and regulations necessary for protection from flooding on barrier islands, peninsulas, and mainland areas fronting on the Gulf of Mexico.  Rules and regulations adopted pursuant to this section shall be limited to those matters that political subdivisions are authorized to address under Section 16.315 of this code. Except as otherwise provided by this section, all actions taken by political subdivisions under Section 16.315 of this code with respect to flooding on barrier islands, peninsulas, and mainland areas fronting on the Gulf of Mexico must comply with rules and regulations adopted by the commissioner under this section.  A political subdivision may adopt rules that are more stringent than those adopted by the commissioner under this section, provided the stricter provisions are intended to ensure compliance with the National Flood Insurance Program's rules, regulations, and policies.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 39, eff. June 7, 1991.  Amended by Acts 1997, 75th Leg., ch. 460, Sec. 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 258, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.322. Civil Penalty

Sec. 16.322.  CIVIL PENALTY.  A person who violates this subchapter or a rule adopted or order issued under this subchapter is subject to a civil penalty of not more than $100 for each act of violation and for each day of violation.
Added by Acts 1997, 75th Leg., ch. 1346, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.3221. Criminal Penalty

Sec. 16.3221.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this subchapter.
(b)  An offense under this section is a Class C misdemeanor.
(c)  Each violation of this subchapter and each day of a continuing violation is a separate offense.
Added by Acts 2001, 77th Leg., ch. 258, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.323. Enforcement by Political Subdivision

Sec. 16.323.  ENFORCEMENT BY POLITICAL SUBDIVISION.  (a)  If it appears that a person has violated, is violating, or is threatening to violate this subchapter or a rule adopted or order issued under this subchapter, a political subdivision may institute a civil suit in the appropriate court for:
(1)  injunctive relief to restrain the person from continuing the violation or threat of violation, including an order directing the person to remove illegal improvements and restore preexisting conditions;
(2)  the assessment and recovery of the civil penalty provided by Section 16.322;  or
(3)  both the injunctive relief and the civil penalty.
(b)  On application for injunctive relief and a finding that a person has violated, is violating, or is threatening to violate this subchapter or a rule adopted or order issued under this subchapter, the court shall grant the injunctive relief that the facts warrant.
Added by Acts 1997, 75th Leg., ch. 1346, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 124, Sec. 1, eff. May 20, 1999;  Acts 2001, 77th Leg., ch. 258, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter I. Flood Insurance › Section 16.324. County Authority to Set Fee

Sec. 16.324.  COUNTY AUTHORITY TO SET FEE.  The commissioners court of a county may set a reasonable fee for the county's issuance of a permit authorized by this subchapter for which a fee is not specifically prescribed.  The fee must be set and itemized in the county's budget as part of the budget preparation process.
Added by Acts 2001, 77th Leg., ch. 951, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.341. Definitions

Sec. 16.341.  DEFINITIONS.  In this subchapter:
Text of subdivision as amended by Acts 2005, 79th Leg., R.S., Ch. 708 (S.B. 425), Sec. 15
(1)  "Affected county" means a county:
(A)  that has a per capita income that averaged 25 percent below the state average for the most recent three consecutive years for which statistics are available and an unemployment rate that averaged 25 percent above the state average for the most recent three consecutive years for which statistics are available;
(B)  that is adjacent to an international border; or
(C)  that is located in whole or in part within 100 miles of an international border and contains the majority of the area of a municipality with a population of more than 250,000.
Text of subdivision as amended by Acts 2005, 79th Leg., R.S., Ch. 927 (H.B. 467), Sec. 2
(1)  "Affected county" means a county  that has an economically distressed area which has a median household income that is not greater than 75 percent of the median state household income.
(2)  "Economically distressed area" has the meaning assigned by Section 17.921.
(3)  "Political subdivision" means an affected county, a municipality located in an affected county, a district or authority created under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, located in an affected county, or a nonprofit water supply corporation created and operating under Chapter 67, located in an affected county, that receives funds for facility engineering under Section 15.407 or financial assistance under Subchapter K, Chapter 17, or an economically distressed area in an affected county for which financial assistance is received under Subchapter C, Chapter 15.
(4)  "Sewer services" or "sewer facilities" means treatment works as defined by Section 17.001 of this code or individual, on-site, or cluster treatment systems such as septic tanks and includes drainage facilities and other improvements for proper functioning of septic tank systems.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.13.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.59, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 404, Sec. 33, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 708 (S.B. 425), Sec. 15, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 927 (H.B. 467), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.342. Rules

Sec. 16.342.  RULES.  (a)  The board shall adopt rules that are necessary to carry out the program provided by Subchapter K, Chapter 17, of this code  and rules:
(1)  incorporating existing minimum state standards and rules for water supply and sewer services established by the commission;  and
(2)  requiring compliance with existing rules of any state agency relating to septic tanks and other waste disposal systems.
(b)  In developing rules under this section, the board shall examine other existing laws relating to counties and municipalities.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.13.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.289, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 16 - Provisions Generally Applicable to Water Development › Subchapter J. Economically Distressed Areas › Section 16.344. Oversight

Sec. 16.344.  OVERSIGHT.  (a)  The board shall monitor the performance of a political subdivision that receives financial assistance under Subchapter K, Chapter 17, of this code  to ensure that the project approved in the application and plans is constructed in the manner described in the application and plans and that the terms and conditions that govern the financial assistance are satisfied.
(b)  A political subdivision that receives financial assistance shall submit to the board monthly or as often as otherwise required by board rules an account of expenditures for the project during the preceding month or other required period.
(c)  A political subdivision that receives financial assistance shall furnish at the board's request additional information necessary for the board to monitor compliance with the approved application and plan for financial assistance and the terms and conditions of the financial assistance.
(d)  Expired.
(e)  Expired.
(f)  Expired.
(g)  Expired.
(h)  Expired.
(i)  Expired.
Added by Acts 1989, 71st Leg., ch. 624, Sec. 2.13.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 6.01, eff. September 1, 2007.