CHAPTER 11. IN GENERAL
AUXILIARY WATER LAWS
CHAPTER 11. IN GENERAL
Art. 8280-13. FLOOD INSURANCE; PARTICIPATION IN FEDERAL PROGRAM
BY POLITICAL SUBDIVISIONS.
Short title
Section 1. This Act may be cited as the "Flood Control and
Insurance Act."
Purpose
Sec. 2. 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, Title 42, United States Code, Section 4001-4127,
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 Act 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 the promoting of public interest by
providing appropriate protection against the perils of flood
losses and encouraging sound land use by minimizing exposure of
property to flood losses.
Definitions
Sec. 3. For the purpose of this Act the term:
(a) "Board" means the Texas Water Development Board.
(b) "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.
(c) "National Flood Insurance Act" means the United States
Congressional Enactment, Title 42, United States Code, Sections
4001-4127, and the implementation and administration of the Act
by the Secretary of the United States Department of Housing and
Urban Development.
(d) "Secretary" means the Secretary of the United States
Department of Housing and Urban Development.
Cooperation of Texas Water Development Board
Sec. 4. In recognition of the necessity for a coordinated effort
at all levels of government, the Texas Water Development Board
shall cooperate with the Federal 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; provided, however, that 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.
Political subdivisions; compliance with federal requirements
Sec. 5. All political subdivisions are hereby authorized to take
all necessary and reasonable actions to comply with the
requirements and criteria of the National Flood Insurance Program
including but not limited to:
(1) Making appropriate land use adjustments to constrict the
development of land which is exposed to flood damage and minimize
damage caused by flood losses;
(2) Guiding the development of proposed future construction,
where practicable, away from location which is threatened by
flood hazards;
(3) Assisting in minimizing damage caused by floods;
(4) Authorizing and engaging in continuing studies of flood
hazards in order to facilitate a constant reappraisal of the
flood insurance program and its effect on land use requirements;
(5) Engaging in flood plan management and adopting enforcing
permanent land use and control measures consistent with the
criteria established under the National Flood Insurance Act;
(6) Declaring property, when such is the case, to be in violation
of local laws, regulations or ordinances which are intended to
discourage or otherwise restrict land development or occupancy in
flood-prone areas, and notifying the Secretary, or whomever he
designates, of such property;
(7) Consulting with, giving information to and entering into
agreements with the Department of Housing and Urban Development
for the purpose of
(a) Identifying and publishing information with respect to all
flood areas, including coastal areas, and
(b) Establishing flood-risk zones in all such areas, and make
estimates with respect to the rates of probable flood-caused loss
for the various flood-risk zones for each of these areas;
(8) Cooperating with the Secretary's studies and investigations
with respect to the adequacy of local measures in flood-prone
areas as to land management and use, flood control, flood zoning,
and flood damage prevention;
(9) Taking steps to improve the long-range management and use of
flood-prone areas;
(10) Purchasing, leasing and receiving property from the
Secretary, when such property is owned by the Federal Government
and lies within the boundaries of the political subdivision,
pursuant to agreements with the Department of Housing and Urban
Development or other appropriate legal representative of the
United States Government;
(11) Requesting aid pursuant to the entire authorization above
from the Texas Water Development Board;
(12) Satisfying criteria adopted and promulgated by the
Department pursuant to the National Flood Insurance Program; and
(13) Adopting permanent land use and control measures with
enforcement provisions which are consistent with the criteria for
land management and use adopted by the Secretary.
Coordination of local, state and federal programs by Texas Water
Development Board
Sec. 6. (a) The Texas Water Development 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 complimenting such Program, the Board shall
aid, advise and co-operate with political subdivisions, the State
Board of Insurance, and the United States Department of Housing
and Urban Development when such 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 flood plain 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 flood plain 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; and
(5) Carrying out flood plain studies and mapping programs of
flood plains, flood-prone areas and flood-risk zones.
(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 flood plain
areas including the states' coastal area, which have flood
hazards, and where possible, aid the Federal Government in
identifying and establishing flood-risk zones in all such areas.
Cooperation of State Board of Insurance
Sec. 7. Pursuant to the National Flood Insurance Program, the
State Board of Insurance shall aid, advise and cooperate with
political subdivisions, the Texas Water Development Board and the
United States Department of Housing and Urban Development when
such aid, advice and cooperation are requested or deemed
advisable by the State Board of Insurance.
Rules and regulations
Sec. 8. Political subdivisions which qualify for the National
Flood Insurance Program, the State Board of Insurance, and the
Texas Water Development Board may adopt and promulgate reasonable
rules and regulations which are necessary for the orderly
effectuation of the respective authorizations herein.
Sec. 9. Repealed by Acts 1977, 65th Leg., 1st C.S., p. 58, ch. 4,
Sec. 4, eff. Sept. 1, 1977.
Acts 1969, 61st Leg., p. 2313, ch. 782, eff. Sept. 1, 1969. Sec.
9 amended by Acts 1977, 65th Leg., 1st C.S., p. 58, ch. 4, Sec.
1, eff. July 22, 1977; amended by Acts 1977, 65th Leg., 1st C.S.,
p. 58, ch. 4, Sec. 4, eff. Sept. 1, 1977.
Art. 8280-16. RED BLUFF DISTRICT; DISTRIBUTION OF FUNDS FROM
PECOS RIVER COMPACT ACCOUNT.
Definitions
Sec. 10.01. In this article:
(1) "Board" means the Texas Water Development Board.
(2) "Master contract" means the master contract between Red Bluff
District and member districts dated March 8, 1934.
(3) "Member district" means any one of the seven member districts
of Red Bluff District, which are:
(A) Loving County Water Improvement District No. One;
(B) Reeves County Water Improvement District No. Two;
(C) Ward County Water Improvement District No. Three;
(D) Ward County Irrigation District Number One;
(E) Ward County Water Improvement District No. Two;
(F) Pecos County Water Improvement District No. Two; and
(G) Pecos County Water Improvement District No. Three.
(4) "Pecos River compact account" means the special account in
the water assistance fund of the board created under Section
15.702, Water Code.
(5) "Principal amount" means the amount of $13.8 million,
representing the amount received by the state by order of the
United States Supreme Court in the case of Texas v. New Mexico
(58 U.S.L.W. 3543) and deposited to the credit of the Pecos River
compact account.
(6) "Red Bluff District" means the Red Bluff Water Power Control
District, a water power control district created under Chapter
76, General Laws, Acts of the 43rd Legislature, Regular Session,
1933 (Article 7807d, Vernon's Texas Civil Statutes).
(7) "Distribution date" means the date of the distribution of
funds held in the Pecos River compact account from the board to
Red Bluff District under this Act.
Distribution of funds by board
Sec. 10.02. (a) As soon as practicable after the effective date
of this article, the board shall transfer one-half of the
interest earned by the Pecos River compact account on or after
March 1, 1990, and before September 1, 1991, to the state
treasurer for deposit to the credit of the general revenue fund.
(b) Notwithstanding the provisions of any other law, the board,
after making the transfer required by Subsection (a) of this
section, shall promptly distribute all funds, including the
principal amount and all accrued interest not transferred under
Subsection (a) of this section, in the Pecos River compact
account to Red Bluff District.
Use of funds
Sec. 10.03. The funds received by Red Bluff District under this
article, together with any interest earned on the funds, shall be
used by Red Bluff District or a member district only for
agricultural or irrigation projects, including associated water
quality improvement projects that affect surface water irrigators
in the counties of Loving, Ward, Reeves, and Pecos. The projects
may include the operation of the Red Bluff District or a member
district and the maintenance of the water supply reservoirs,
associated downstream diversion facilities, and internal
distribution systems of the Red Bluff District or a member
district.
Distribution of funds by Red Bluff District
Sec. 10.04. (a) Interest earned on the principal amount shall be
allocated:
(1) one-third to Red Bluff District; and
(2) two-thirds to member districts, to be allocated among the
member districts in the same percentages as each member
district's pro rata share of water under the master contract.
(b) On receipt of funds from the board under this article, Red
Bluff District shall promptly distribute interest earned on the
principal amount as of the distribution date and received by Red
Bluff District in accordance with Subsection (a) of this section.
(c) Red Bluff District shall invest the principal amount in
accordance with the Public Funds Investment Act of 1987 (Article
842a-2, Vernon's Texas Civil Statutes). Red Bluff District shall
comply with the Public Funds Collateral Act (Article 2529d,
Vernon's Texas Civil Statutes) to the extent applicable.
(d) Interest earned on the principal amount after the
distribution date shall be distributed by Red Bluff District
annually in accordance with Subsection (a) of this section.
(e) Red Bluff District may not spend any portion of the principal
amount unless an affirmative vote in favor of the expenditure is
received from:
(1) the board of directors of Red Bluff District; and
(2) the boards of directors of at least five of the member
districts.
Annual accounting
Sec. 10.05. Red Bluff District shall provide an annual accounting
of its administration of funds under this article and of the
amount of interest earned to each member district and the board.
Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 10.01 to 10.05, eff.
Sept. 1, 1991.