Abbott vetoes bill to streamline repairs for flood-control structures

AUSTIN (Nexstar) -- Gov. Greg Abbott vetoed Senate Bill 18 -- a bill passed unanimously in the second-called special session that would remove bureaucratic "red tape" when repairing flood-control structures -- because he said it did not fall under any of the specific categories laid out in the special session call.

The governor placed "flood warning systems," "flood emergency communications," and "natural disaster preparation and recovery" to the second special session call. In his veto proclamation, Abbott said he designated legislation for those measures in "flood-prone areas."

"Senate Bill No. 18 does not concern emergency measures in areas like Kerrville. Instead, it
exempts certain entities from the requirement to obtain a TCEQ permit to construct a dam or reservoir, duplicating a bill that failed to pass during the 89th Regular Session," the veto read.

Because the legislation was not "embraced" by the special session proclamation, Abbott said it violated the Texas Constitution. "A special session is not an open invitation to revive draft legislation that died during the regular," the proclamation reads.

What does the bill do?

SB 18, authored by State Sen. Judith Zaffirini, D - Laredo, was co-sponsored by a bipartisan coalition of senators before passing both chambers without a dissenting vote. The bill allows certain sponsors -- who operate and maintain a dam or reservoir for the purpose of floodwater, soil, or sediment control -- to do two things without a permit from the Texas Commission on Environmental Quality:

• Build a structure for the purpose of floodwater, soil, or sediment control that can not hold no more than 200 acre-feet of water
• Divert water away from a dam or reservoir for the purpose of repairing and maintaining flood-control structures.

State Rep. Stan Gerdes, R - Smithville, carried the bill in the House.

"Simply put, this bill would help remove red tape for those types of districts and allow them to better serve their purpose," Gerdes said to the House select committee on disaster preparedness and recovery.

The bill originated from struggles the Plum Creek Water Conservation is facing as it tried to rehabilitate structures it maintains in Caldwell and Hays counties. The district is a local sponsor of 28 flood-control dams that were built in the 1960s.

Daniel Meyer, the executive manager of the district, testified in front of the select House committee that multiple rehab projects face delays because they had not received necessary water permits in time.

"During these delays, the dams were more vulnerable to erosion and failure," Meyer said. He went on to say the bill would increase government efficiency and lower costs associated with rehabilitating these structures.