The board must prepare and adopt a state flood plan, update related guidance and rules on a five-year cycle, and deliver the adopted plan to specified state leaders.
Sec. 16.061. STATE FLOOD PLAN. (a) Not later than September 1, 2024, and before the end of each successive five-year period after that date, the board shall prepare and adopt a comprehensive state flood plan that incorporates the regional flood plans approved under Section 16.062. The state flood plan must: (1) provide for orderly preparation for and response to flood conditions to protect against the loss of life and property; (2) be a guide to state and local flood control policy; and (3) contribute to water development where possible. (b) The state flood plan must include: (1) an evaluation of the condition and adequacy of flood control infrastructure on a regional basis; (2) a statewide, ranked list of ongoing and proposed flood control and mitigation projects and strategies necessary to protect against the loss of life and property from flooding and a discussion of how those projects and strategies might further water development, where applicable; (3) an analysis of completed, ongoing, and proposed flood control projects included in previous state flood plans, including which projects received funding; (4) an analysis of development in the 100-year floodplain areas as defined by the Federal Emergency Management Agency; and (5) legislative recommendations the board considers necessary to facilitate flood control planning and project construction. (c) The board, in coordination with the commission, the Department of Agriculture, the General Land Office, the Parks and Wildlife Department, the Texas Division of Emergency Management, and the State Soil and Water Conservation Board, shall adopt guidance principles for the state flood plan that reflect the public interest of the entire state. The board shall review and revise the guidance principles and any other rules related to the state flood plan, with input from the commission, the Department of Agriculture, the General Land Office, the Parks and Wildlife Department, the Texas Division of Emergency Management, and the State Soil and Water Conservation Board, as necessary and at least every fifth year to coincide with the five-year cycle for adoption of a new state flood plan. (c-1) The requirement to review a rule not later than the fourth anniversary of the date on which the rule takes effect and every four years after that date under Section 2001.039(b), Government Code, does not apply to a rule adopted under this section. (d) On adoption of a state flood plan, the board shall deliver the plan to the: (1) governor; (2) lieutenant governor; (3) speaker of the house of representatives; and (4) appropriate legislative committees and legislative leadership. Added by Acts 2019, 86th Leg., R.S., Ch. 565 (S.B. 8), Sec. 1, eff. June 10, 2019. Amended by: Acts 2025, 89th Leg., R.S., Ch. 55 (S.B. 1268), Sec. 3, eff. September 1, 2025.