SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 16.001 - Definitions
In this chapter: (1) "Board" means the Texas Water Development Board. (2) "Commission" means the Texas Natural Resource Conservation Commission. (3) "Chairman" means the chairman...
SUBCHAPTER B DUTIES OF THE EXECUTIVE ADMINISTRATOR
- Texas Section 16.002 - Open Meetings And Open Records Laws
Nonprofit water supply corporations which receive any assistance under this chapter are subject to Chapter 551, Government Code, and to Chapter 552, Government Code. Added...
- Texas Section 16.011 - General Responsibilities Of The Executive Administrator
The executive administrator shall determine the responsibilities of each administrative division of the board and its staff in carrying out the authority, duties, and functions...
- Texas Section 16.012 - Studies, Investigations, Surveys
(a) The executive administrator shall make studies, investigations, and surveys of the occurrence, quantity, quality, and availability of the surface water and groundwater of this...
- Texas Section 16.0121 - Water Audits
(a) In this section, "retail public utility" has the meaning assigned by Section 13.002. (b) Except as provided by Subsection (b-1), a retail public utility...
- Texas Section 16.013 - Engineering, Hydrologic, And Geologic Functions
The executive administrator shall advise and assist the board and the commission with regard to engineering, hydrologic, and geologic matters concerning the water resources of...
- Texas Section 16.014 - Silt Load Of Streams, Etc
The executive administrator shall determine the silt load of streams, make investigations and studies of the duty of water, and make surveys to determine the...
- Texas Section 16.015 - Studies Of Underground Water Supply
The executive administrator may make studies and investigations of the physical characteristics of water-bearing formations and of the sources, occurrence, quantity, and quality of the...
- Texas Section 16.016 - Pollution Of Red River Tributaries
Within the limits of available money and facilities, the executive administrator shall study salt springs, gypsum beds, and other sources of natural pollution of the...
- Texas Section 16.017 - Topographic And Geologic Mapping
(a) The executive administrator shall carry out the program for topographic and geologic mapping of the state. (b) The executive administrator shall operate as part...
- Texas Section 16.018 - Soil Resource Planning
The executive administrator may contract with the State Soil Conservation Board for joint investigation and research in the field of soil resource planning. The State...
- Texas Section 16.019 - Cooperative Agreements
With the approval of the board, the executive administrator may negotiate and execute contracts with persons or with federal, state, or local agencies for joint...
- Texas Section 16.020 - Master Plans Of Districts, Etc
The executive director shall review and analyze master plans and other reports of conservation districts, river authorities, and state agencies and shall make its recommendations...
- Texas Section 16.021 - Texas Natural Resources Information System
(a) The executive administrator shall establish the Texas Natural Resources Information System (TNRIS) to serve Texas agencies and citizens as a centralized clearinghouse and referral...
- Texas Section 16.022 - Water Conservation Study
(a) The board and the State Soil and Water Conservation Board shall jointly conduct a study of the ways to improve or expand water conservation...
- Texas Section 16.023 - Strategic Mapping Account
(a) The strategic mapping account is an account in the general revenue fund. The account consists of: (1) money directly appropriated to the board; (2)...
SUBCHAPTER C PLANNING
- Texas Section 16.024 - Financial Assistance For Digital, Geospatial Information Projects
(a) A political subdivision seeking a grant under Section 16.023 must file an application with the board. (b) An application must be filed in the...
- Texas Section 16.051 - State Water Plan: Drought, Conservation, Development, And Management; Effect Of Plan
(a) Not later than January 5, 2002, and before the end of each successive five-year period after that date, the board shall prepare, develop, formulate,...
- Texas Section 16.053 - Regional Water Plans
(a) The regional water planning group in each regional water planning area shall prepare a regional water plan, using an existing state water plan identified...
- Texas Section 16.054 - Local Water Planning
(a) Notwithstanding the provisions of this subsection, groundwater districts are the state's preferred method of managing groundwater resources. It is the policy of the state...
- Texas Section 16.055 - Drought Response Plan
(a) The chief of the Texas Division of Emergency Management is the state drought manager. The state drought manager is responsible for managing and coordinating...
- Texas Section 16.0551 - State Drought Preparedness Plan
(a) The drought preparedness council shall develop and implement a comprehensive state drought preparedness plan for mitigating the effects of drought in the state and...
- Texas Section 16.056 - Federal Assistance In Financing Regional Water Plans
The executive administrator may take all necessary action to qualify for federal assistance in financing the development and improvement of the regional water plans. Amended...
- Texas Section 16.058 - Collection Of Bays And Estuaries Data; Conduct Of Studies
(a) The Parks and Wildlife Department and the board shall have joint responsibility, in cooperation with other appropriate governmental agencies, to establish and maintain on...
- Texas Section 16.059 - Collection Of Instream Flow Data; Conduct Of Studies
(a) The Parks and Wildlife Department, the commission, and the board, in cooperation with other appropriate governmental agencies, shall jointly establish and continuously maintain an...
SUBCHAPTER D COOPERATION WITH FEDERAL GOVERNMENT
- Texas Section 16.060 - Desalination Studies And Research
(a) The board shall undertake or participate in research, feasibility and facility planning studies, investigations, and surveys as it considers necessary to further the development...
- Texas Section 16.091 - Designation Of Board
The board is designated as the state agency to cooperate with the Corps of Engineers of the United States Army and the Bureau of Reclamation...
- Texas Section 16.092 - Local Sponsors For Projects
(a) When a project is proposed for planning or development by the board, the Corps of Engineers of the United States Army, or the Bureau...
SUBCHAPTER E ACQUISITION AND DEVELOPMENT OF FACILITIES
- Texas Section 16.093 - Participation In Federal Programs
(a) The board may execute agreements with the United States Environmental Protection Agency or its successor agency and any other federal agency that administers programs...
- Texas Section 16.131 - Authorized Projects
(a) The board may use the state participation account of the development fund to encourage optimum regional development of projects including the design, acquisition, lease,...
- Texas Section 16.1311 - Priority For Water Conservation
The board shall give priority to applications for funds for implementation of water supply projects in the state water plan by entities that: (1) have...
- Texas Section 16.132 - Joint Ventures
The board may act singly or in a joint venture in partnership with any person or entity, including any agency or political subdivision of this...
- Texas Section 16.133 - Permits Required
Except as provided by Section 16.1331 of this code, the board shall obtain permits from the commission for the storage, transportation, and application to beneficial...
- Texas Section 16.1331 - Reservation And Appropriation For Bays And Estuaries And Instream Uses
(a) Five percent of the annual firm yield of water in any reservoir and associated works constructed with state financial participation under this chapter within...
- Texas Section 16.134 - Storing Water
The board may use any reservoir acquired, leased, constructed, reconstructed, developed, or enlarged by it under this chapter to store unappropriated state water and other...
- Texas Section 16.1341 - Payment For Releases And Pass-throughs From State Reservoirs
(a) If the commission orders, for the purpose of maintaining the ecological health of any bay and estuary system, a release or pass-through of appropriated...
- Texas Section 16.135 - Board Findings
Before the board may acquire a facility or interest in a facility, the board shall find affirmatively that: (1) it is reasonable to expect that...
- Texas Section 16.1351 - Recreational Access
If the board is acquiring an interest in a storage facility, it must also find affirmatively that the applicant has a plan to provide adequate...
- Texas Section 16.136 - Facilities Wanted By Political Subdivision
The board may acquire all or part of any authorized facility to the extent that the board finds that the political subdivision: (1) is willing...
- Texas Section 16.137 - Contracts: General Authority
(a) The board may execute contracts to the full extent that contracts are constitutionally authorized and not limited for the design, management, acquisition, lease, construction,...
- Texas Section 16.138 - Specific Contracts Authorized
Contracts authorized by Section 16.137 of this code shall include but are not limited to the following: (1) contracts secured by the general credit of...
- Texas Section 16.139 - Contracts: Facilities Acquired For A Term Of Years
If facilities are acquired for a term of years, the board may include in the contract provisions for renewal that will protect the state's investment....
- Texas Section 16.140 - Maintenance Contracts
The board may execute contracts for the operation and maintenance of the state's interest in any project and may agree to pay reasonable operation and...
- Texas Section 16.141 - Recreational Facilities
The board may execute contracts with the United States and with state agencies and political subdivisions and with others to the extent authorized for the...
- Texas Section 16.142 - Recovery Of Administrative Costs
(a) The board may charge an administrative fee to a political subdivision with which the board agrees to participate in a project under this subchapter....
- Texas Section 16.143 - Option To Lease
(a) A former owner of real property used for agricultural purposes that was acquired, voluntarily or through the exercise of the power of eminent domain,...
SUBCHAPTER F SALE OR LEASE OF FACILITIES
- Texas Section 16.144 - Environmental Mitigation
(a) If a person proposing to construct a reservoir whose site has been designated as unique for the construction of a reservoir under Section 16.051(g)...
- Texas Section 16.181 - Board May Sell Or Lease Projects
(a) The board may sell, transfer, or lease, to the extent of its ownership, a project acquired, constructed, reconstructed, developed, or enlarged with money from...
- Texas Section 16.182 - Permit Required
Before the board grants the application to buy, receive, or lease the facilities, the applicant shall first secure a permit for water use from the...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
SUBCHAPTER G IMPROVEMENTS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 16.236 - Construction Of Levee Without Approval Of Plans; Levee Safety
(a) No person may construct, attempt to construct, cause to be constructed, maintain, or cause to be maintained any levee or other such improvement on,...
SUBCHAPTER H NAVIGATION FACILITIES
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER I FLOOD INSURANCE
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 16.315 - Political Subdivisions; Compliance With Federal Requirements
All political subdivisions are hereby authorized to take all necessary and reasonable actions that are not less stringent than the requirements and criteria of the...
- Texas Section 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...
- Texas Section 16.3161 - Floodplain Management Account
(a) The floodplain management account is a special fund in the state treasury outside the general revenue fund. The fund is composed of: (1) money...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER J ECONOMICALLY DISTRESSED AREAS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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:...
- Texas Section 16.343 - Minimum State Standards And Model Political Subdivision Rules
(a) The board shall, after consultation with the attorney general and the commission, prepare and adopt model rules to assure that minimum standards for safe...
- Texas Section 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...
- Texas Section 16.345 - Authority To Participate In Program
(a) A political subdivision may exercise any authority necessary to participate in a program under Section 15.407 of this code or Subchapter K, Chapter 17,...
- Texas Section 16.346 - Examination Of Ability Of A District To Provide Services And Financing
(a) In connection with an application under Subchapter K, Chapter 17, of this code, the board may consider and make any necessary investigations and inquiries...
- Texas Section 16.347 - Requirement Of Imposition Of Distressed Areas Water Financing Fee
(a) In this section: (1) "Distressed areas water financing fee" means a fee imposed by a political subdivision on undeveloped property. (2) "Undeveloped property" means...
- Texas Section 16.348 - Setting Of Fee By Political Subdivision; Lien; Delinquent Fees
(a) Before a political subdivision may set the amount of or impose a fee under Section 16.347 of this code, the political subdivision shall hold...
- Texas Section 16.349 - Fees
(a) A political subdivision that receives financial assistance may charge persons in an economically distressed area in which water supply and sewer services are furnished...
- Texas Section 16.350 - Eligible Counties And Municipalities To Adopt Rules
(a) A county or municipality that applies for or receives funds or financial assistance under Section 15.407 of this code or Subchapter K, Chapter 17,...
- Texas Section 16.351 - Contract Preference
A political subdivision that receives financial assistance under Subchapter K, Chapter 17, of this code shall give preference in the award of political subdivision contracts...
- Texas Section 16.352 - Enforcement Of Rules
A person who violates a rule adopted by a municipality or county under this subchapter or under Subchapter B or C, Chapter 232, Local Government...
- Texas Section 16.353 - Injunction
(a) In addition to any other remedy, the attorney general, the municipal attorney of the municipality in which a violation under Section 16.352 occurs, or...
- Texas Section 16.3535 - Damages
In addition to any other remedy, the attorney general, the municipal attorney of the municipality in which a violation under Section 16.352 occurs, or the...
- Texas Section 16.354 - Attorney General Enforcement
In addition to the ability of any political subdivision to enforce this subchapter, the attorney general may file suit to: (1) enforce a rule adopted...
- Texas Section 16.3545 - Venue
A suit brought under this subchapter for injunctive relief or the recovery of a civil penalty or damages may be brought in a district court...
- Texas Section 16.355 - Authority Over Facilities
A political subdivision may construct, contract for construction, operate, or contract with any person for operation of any water supply or sewer services or facilities...
SUBCHAPTER K WATER CONSERVATION
- Texas Section 16.356 - Use Of Revenue From Operation Of Water Supply Or Sewer Service Projects
(a) A political subdivision that receives financial assistance from the economically distressed areas program under Subchapter K, Chapter 17, may not use any revenue received...
- Texas Section 16.401 - Statewide Water Conservation Public Awareness Program
(a) The executive administrator shall develop and implement a statewide water conservation public awareness program to educate residents of this state about water conservation. The...
- Texas Section 16.402 - Water Conservation Plan Review
(a) Each entity that is required to submit a water conservation plan to the commission under this code shall submit a copy of the plan...
- Texas Section 16.403 - Water Use Reporting
(a) The legislature finds that: (1) tracking water use over time and evaluating the effects of water conservation programs or strategies are vital components of...
- Texas Section 16.403 - Water Use Reporting
(a) The board and the commission, in consultation with the Water Conservation Advisory Council, shall develop a uniform, consistent methodology and guidance for calculating water...
- Texas Section 16.404 - Rules And Standards
The commission and the board, as appropriate, shall adopt rules and standards as necessary to implement this subchapter. At a minimum, the rules adopted under...
- Texas Section 16.404 - Rules And Standards
The commission and the board, as appropriate, shall adopt rules and standards as necessary to implement this subchapter. Added by Acts 2011, 82nd Leg., R.S.,...