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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.