GUEST COMMENTARY
This past spring, we here in the GEAA office were looking forward to a light workload for the summer. It was not to be. Gov. Greg Abbott’s call for a special legislative session, followed by the July 4 flood and a second special session really kept us hopping.
GEAA has been advocating for measures to prevent and mitigate flooding for the past 20 years. While we were well prepared to address issues made more imperative by the tragic flooding on the Guadalupe, we were dismayed that other – in our opinion – less urgent issues seemed to preoccupy the legislature during both special sessions.
At our most recent visit to the Capitol, on the House floor they argued for hours about making Ivermectin more available and worrying about who uses which bathrooms. Meanwhile, bills to address flooding and emergency management — issues vital to the welfare and safety of Texans — were left unscheduled for a vote. All in all, the main purpose of the special sessions seemed to be to provide a venue for the most extreme members of the legislature to grandstand on cultural ephemera.
While the first special session ended with no legislation passed, the second special session gave us some significant flood response wins — and some significant setbacks.
GEAA and our allies were hard at work during all legislative sessions this year advocating for responsible flooding and land use legislation.
First, the flood response wins — bills we were glad to see passed in the second special session: House Bill (HB 1) is one of the camp safety bills, it prohibits permanent camp buildings in most flood plains, with penalties and regulations for camps.
Senate Bill (SB 1) prohibits residential camp buildings in floodways and most floodplains, with penalties and regulations for camps, and defines floodway for the first time in the state code.
SB 3 provides updated rules, outlines updated programs and provides funds for disaster early warning systems.
SB 5 provides funds for disaster relief, early warning systems, camps to meet new safety regulations and meteorological stations to enhance disaster preparedness. We were disappointed, however, to see that the funding for local government communications improvements was stripped from the final version of this bill.
And then, the flood response misses — the bills we were sad to see fail in the second special session: HB 2 would have outlined and required major improvements to state and local government coordination and response during and after disaster events.
HB 3 would have provided funding and resources to local governments to upgrade their disaster response programs and to ensure coordination with other entities.
SB 2 would have outlined and required major improvements to state and local government coordination and response during and after disaster events.
HB 108/SB 45 would have allowed counties to establish drainage utilities, charge drainage fees, and regulate land use for flood management and flood infrastructure. Counties are not currently able to do so, restricting their ability to properly address flood impacts or build and maintain appropriate infrastructure.
HB 117 would have authorized counties to regulate impervious cover to address flood management in unincorporated areas of the county. Counties are not currently allowed to do so, leading to inappropriate development and downstream impacts.
HB 125 would have authorized counties to fully meet all stormwater management permitting requirements. Counties are currently restricted in their ability to implement stormwater management programs, leading to increased flooding impacts and inappropriate development.
HB 225 would have authorized counties to be able to implement higher building codes and standards in unincorporated areas of the county. Counties are currently restricted to the 2006 International Building Code, even as cities are able to build to a more recent and more effective code and standards, placing residents in counties at risk of flooding impacts.
GEAA will keep advocating at the Capitol for legislation to manage stormwaters safely and sanely. Sadly, a golden opportunity to focus on measures to prevent and mitigate flooding was largely squandered this summer. We all deserve better from our Texas legislature.

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