(a) This rule contains the memorandum of understanding (MOU) between the Texas Department of Criminal Justice and the Texas Natural Resource Conservation Commission, which sets forth the coordination of program responsibility and procedural mechanisms for the National Flood Insurance Program (NFIP) minimum regulations.
  (1) Whereas, under 44 CFR §60.12 of Rules and Regulations pertaining to the NFIP, the State of Texas is regarded as a community and therefore must comply with minimum floodplain management standards established for future state developments within identified 100-year floodplains in order to participate in the Program; and
  (2) Whereas, floodplain or 100-year floodplain, as these terms are used in the MOU, means any land area susceptible to being inundated by water from any source by that flood which has a one percent chance of being equaled or exceeded in any given year; and
  (3) Whereas, a condition of receiving future federal disaster relief loans and obtaining flood insurance coverage for insurable state-owned structures depends on the state's compliance with the National Flood Insurance Act of 1968, as amended; and
  (4) Whereas, the State of Texas has extensive and continuing programs for the construction of buildings, roads, and other facilities and annually acquires and disposes of lands in flood hazard areas, all of which activities significantly influence patterns of commercial, residential, and industrial development; and
  (5) Whereas, the Texas Department of Criminal Justice, here within called the TDCJ, is a state agency with direct responsibility for the planning, location, or construction of certain state buildings, roads, or other facilities which may be in the floodplains of the state; and
  (6) Whereas, the TDCJ shall represent the state before the Federal Emergency Management Agency, (FEMA), or other federal agencies on matters relating to the TDCJ's structures and activities in the floodplains of the state; and
  (7) Whereas, the TDCJ shall establish a floodplain management plan for all its existing and proposed structures and activities in the floodplains of the state; and
  (8) Whereas, for purposes of this MOU, the TDCJ is responsible for its structures and activities in the floodplains of the state as defined by the NFIP and related Regulations (44 CFR Chapter 1); and
  (9) Whereas, the Texas Natural Resource Conservation Commission, here within known as the commission, is the state agency with primary responsibility for implementing the constitution and laws of the state related to floodplain management; and
  (10) Whereas, the commission has previously been designated as the State Coordinating Agency for the NFIP under the Texas Water Code, §§16.311 et seq.; and
  (11) Whereas, under §16.318 of the Texas Water Code, the commission has statutory authority to adopt and promulgate reasonable rules which are necessary for the state's participation in the NFIP.
  (12) Whereas, consistent with the intent of §§16.311 et seq. of the Texas Water Code, the TDCJ and the commission are committed to the development and implementation of a coordinated floodplain management program for the state; and
  (13) Whereas, consistent with Texas law and public policy, the TDCJ and commission mutually desire to protect and maintain a high quality environment and the health of the people of the state;
  (14) Now, therefore, in consideration of the following promises, covenants, conditions, and the mutual benefits to accrue to the parties of this MOU, the Parties, desiring to cooperate in function and service agree as follows:
(b) The commission agrees to:
  (1) Provide leadership in developing a broad and unified effort to encourage sound and economical utilization of the state's floodplains and, in particular, to lessen the risk of flood losses.
  (2) Administer, for the state, the cooperation with FEMA in the planning and carrying out of state participation in the NFIP; however, the responsibility for qualifying in the NFIP belongs to any interested political subdivision.
  (3) Monitor, through the executive director of the commission, implementation of the TDCJ floodplain management plan, and provide FEMA with necessary programmatic reporting information on such floodplain management plans established by the TDCJ.
  (4) Provide to the TDCJ all current forms, timetables, procedural rules and any policy documents of the commission for addressing and processing complaints related to floodplain management of the state's floodplains.
  (5) Coordinate with the TDCJ those compliance and enforcement issues that FEMA may raise relative to floodplain management of the state's floodplains.
  (6) Provide the TDCJ with access to the commission's electronic database for all current Texas communities participating in the NFIP and other information pertaining to designated floodplains.
  (7) Develop and maintain state guidance for state agency structures and activities in the floodplains of the state.
(c) The Texas Department of Criminal Justice agrees to:
  (1) Seek compliance with the FEMA's minimum floodplain management standards in the location and construction of its state-owned facilities within identified floodplains.
  (2) Ensure state appropriations requests for construction or modification of buildings, roads, or other facilities transmitted to the Legislative Budget Board and the Governor's Budget and Planning Office shall evaluate flood hazards when planning the modification to existing or the location of new facilities and, as far as practicable, shall consider the economic, safe and prudent use of floodplains in connection with such facilities.
  (3) Consider economic, safe, and prudent use of floodplains in the administration of state grant or loan programs involving the construction of buildings, structures, roads, or other facilities; and evaluate flood hazards in connection with such facilities in order to minimize the exposure of the above facilities and upstream and downstream properties to potential flood damage and the need for future state expenditures for flood protection and flood disaster relief.
  (4) Evaluate flood hazards in connection with lands or properties proposed for sale to other public entities or private interests and shall, to the extent permitted by state law, attach appropriate restrictions with respect to uses of the lands or properties for sale. In carrying out this paragraph, the TDCJ may make appropriate allowance for any estimated loss in sales price resulting from the incorporation of use restrictions in the sale documents.
  (5) Take flood hazards into account when evaluating plans, projects, and requests for loans or grants for programs which affect land use planning, including state permit programs, and shall encourage land use appropriate to the degree of hazard involved.
  (6) Prepare, maintain, and update an inventory of the TDCJ's respective state-owned structures and their contents which are located in identified 100-year floodplains. The inventory shall include the replacement costs and/or estimated fair market value of each structure and its contents.
  (7) From the effective date of this MOU, maintain a permanent record system which shows the date, location, and amount of flood losses to TDCJ's state-owned properties and structures.
  (8) In the event of future flood damage to existing state-owned structures, evaluate the economic benefits of incorporated flood mitigation measures into the rehabilitation of the structure such that FEMA's minimum floodplain management standards are met. Where physically possible, economically beneficial, and environmentally feasible, federal disaster relief loans or grants received by the state will be used to implement mitigation measures to reduce the potential for future flood damage.
  (9) Provide the local participating community in which the modification to existing or new facility is located all necessary information and data for the community to document the project and to update FEMA on flood map changes that may be applicable. The TDCJ will work with the community to resolve any floodplain management issues.
  (10) Provide the executive director of the commission with documentation (rules, policies, guidance, etc.) for development, supervision, and monitoring of floodplain management plans for projects in the floodplains of the state.
  (11) Provide to the executive director of the commission information about modification to existing and new facilities in the floodplains of the state required for the annual evaluation of the State's Implementation of a State Floodplain Management Plan.
(d) Both Parties Agree to:
  (1) Work together to refine the existing process for screening and prioritization of project proposals located in the floodplains of the state.
  (2) Coordinate efforts in the development and submission of reports as requested by FEMA to demonstrate compliance with the minimum NFIP regulations.
  (3) Communicate and coordinate directly with each other and FEMA on matters relating to program/project planning and implementation of TDCJ activities/projects in the floodplains of the state.
Cont'd...