HB531 passed the Texas House of Representatives today. 119 voted Yea, 27 Nay and 2 voted present. Before it can become law, it still needs to pass the Senate and then the Governor must sign it.
Background and Purpose
Some feel that renters in areas susceptible to flooding may be unaware of that risk. Although state law requires a person selling real property to disclose to prospective homeowners whether the property is located in a floodplain, there is no similar requirement with respect to renters. H.B. 531 seeks to ensure that tenants are equipped with the information necessary to make informed decisions.
It requires a landlord to provide tenant with a written notice indicating whether the landlord is aware that the leased dwelling is located in a 100-year floodplain. It would also require the landlord to disclose whether the dwelling sustained flood damage in the preceding five-year period.
A first responder during Harvey leased one of these homes next to Woodridge Village in North Kingwood Forest before Imelda. Here’s what the street looked like after Imelda. The cycle continued. HB 531 is designed to help renters in situations like these.
Provisions
H.B. 531 amends the Property Code to require the landlord of a residential dwelling to provide to a tenant a written notice stating whether the landlord is or is not aware that the dwelling is located in a 100-year floodplain. The bill sets out additional language related to informing the tenant of the dwelling’s potential susceptibility to flooding and the advisability of flood insurance.
However, if the landlord of a dwelling in a 100-year floodplain has raised the building above the 100-year floodplain in accordance with federal regulations, the landlord is then not required to disclose that the dwelling is located in the floodplain. The bill requires a landlord who knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of a lease to provide written notice to the tenant.
An amendment to H.B. 531 requires each applicable flood notice to be included in a separate written document given to a tenant before execution of a lease.
Lease Termination Rights
The bill lets a tenant terminate a lease if a landlord violates notice requirements and the tenant suffers a substantial loss or damage to the tenant’s personal property as a result of flooding. The tenant to give a written notice of termination to the landlord not later than the 30th day after the date the loss or damage occurred. The bill makes termination effective when the tenant surrenders possession of the dwelling.
It also requires the landlord, not later than the 30th day after the effective date of the termination, to refund to the tenant all rent or other amounts paid in advance under the lease. HB 531’s provisions do not affect a tenant’s liability for delinquent, unpaid rent or other sums owed to the landlord before the date the tenant terminated the lease.
If approved by the Senate and Governor, the bill would become effective on January 1, 2022.
1312 Days after Hurricane Harvey and 560 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/12/20191222-RJR_6203.jpg?fit=1200%2C800&ssl=18001200adminadmin2021-04-01 18:37:472021-04-01 18:37:51Proposed New Law Mandates Flooding Disclosure to Renters
They’re baaaa-aaaack. Yesterday, less than a day before the SJRA spring seasonal lowering program was set to kick in, the Lake Conroe Association (LCA) applied for a temporary restraining order to prohibit it. The LCA also seeks a permanent ban on the entire program. For the complete text of their 30-page lawsuit, click here. For a summary, see below.
SJRA Seasonal Release on 4/15/2020. One tainter gate open six inches releases a slow, steady stream of 529 cfs.
The seasonal-lowering policy started in 2018 and continued in 2019. By late 2019 when the SJRA was getting ready to review the policy for another year, the Lake Conroe Association mobilized opposition in a major-league way. People came to SJRA Board meetings in busloads. There were so many that they couldn’t all get in the SJRA boardroom to be heard. So the next meeting was held in the Conroe Convention Center. Close to a thousand “Stop the Drop” protesters showed up. They argued that lowering the lake a foot was destroying businesses around the lake, undermining property values, destroying the local school system, and threatening the entire tax base of Montgomery County.
They also argued that Lake Conroe was never intended to be a flood control reservoir, and that the policy wasted water, produced no benefit, and had minimal effect. The current lawsuit makes many of these same hyperbolic arguments.
Allegations in Lawsuit
Below, see the major allegations in the seasonal-lowering lawsuit (italics) and my responses (normal text).
The SJRA and City of Houston are unlawfully discharging billions of gallons of water from Lake Conroe which causes it to remain below full capacity. However, a quick check tonight showed that the lake was actually above its normal capacity.
The Lake Conroe Dam is being operated contrary to state law. The operation was initiated at the request of the governor and approved by the TCEQ as an emergency measure while permanent downstream flood mitigation efforts could be put in place.
Lake Conroe Dam operation is contrary to the interests of the parties “for whom the lake is maintained, regulated and conserved.” The City of Houston paid for the construction of the dam and owns two thirds of the water in the lake. The operation benefits Houston residents and was requested by the Mayor of Houston. So I ask, “For whom is the lake maintained, regulated and conserved?”
The State is entitled to regulate water to protect its citizens’ health and safety. Isn’t that what the lake-lowering policy ensures?
Lake Conroe is not a flood control reservoir. Right! We’re trying to do the best with what we have.
The policy is not really temporary. Why was the policy enacted for three years then? It’s intended to allow safe completion of additional gates on the Lake Houston Dam.
The seasonal releases happen far in advance of a storm.Lake Conroe’s gates can release water 15 times faster. If a major storm approaches and a large release becomes necessary, it could overwhelm the gates on Lake Houston. The slow seasonal release safely reduces that risk.
Water released as part of a seasonal lowering will never be available for use. Rain replenishes the lake at no cost.
As of 8pm on 3/31/2021, Lake Conroe was at its normal “target level.” The SJRA lake lowering policy calls for lowering it one foot during April and May.
Without the TRO, Lake Conroe residents will have no adequate remedy to protect the “public’s interest.” Which public? The owners of the water? Or residents of Lake Conroe?
Lake Conroe Residents Don’t All Agree with LCA
Not all Lake Conroe residents agree with this petition. Though the petition gives no hint of that. Many who flooded during Harvey have previously testified that they want the lake lowered – permanently!
Exaggeration Upon Exaggeration
This lawsuit exaggerates. And that’s its biggest flaw. It sounds like the kid who tells the teacher “My dog ate my homework, right before a bus ran him over, and a 747 crashed into the bus. I tried to retrieve my homework, but the fire department washed it down the sewer. And now it’s floating in Lake Conroe where water skiers are tripping on it. That’s going to destroy home values on Lake Conroe and undermine the tax base of the school district. So you see, Teach, we have much bigger things to worry about. Like your salary and job security.”
It’s not clear yet how this lawsuit will affect the spring lowering of Lake Conroe scheduled to start Thursday. The lawsuit is scheduled for a hearing on 4/19/2021 in Montgomery County.
Posted by Bob Rehak on 4/1/2021
1311 Days after Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/04/Release-529-cfs-pic1.jpg?fit=1200%2C900&ssl=19001200adminadmin2021-03-31 23:18:322021-04-03 13:12:39Lake Conroe Association Applies for Temporary Restraining Order To Prohibit Seasonal Lowering of Lake Conroe
In the March 30, 2021 Harris County Commissioner’s Court Meeting, Harris County Flood Control District (HCFCD) gave a Flood Bond update. Here’s where projects in the 2018 Flood Bond program stand.
Accept 25 grants totaling approximately $960 million with Bond funds providing around $259 million in local matching funds
Execute 326 engineering agreements totaling $241 million
Award 39 construction agreements totaling $296 million
Procure 19 staff augmentation agreements providing 113 contract staff members
Acquire nearly 340 properties at a value over $208 million for construction projects, floodplain preservation, and wetland mitigation banks
Make $115 million available to the Office of the County Engineer to manage and construct drainage improvements in nearly 100 subdivisions across Harris County
Conduct 140 community engagement meetings with over 11,413 attendees
Complete nearly 630 home buyouts at a value over $130 million with over 680 additional in process for a buyout (since Hurricane Harvey)
Complete over $125 million repair program to address damages to District infrastructure caused by Hurricane Harvey
19 Projects Completed, 372 Underway
The flood bond update shows that of the 19 projects completed so far, investigations, analyses and studies comprised 15.
Altogether there are 372 individual HCFCD projects in progress related to the Bond Program. The table below shows the stages of those projects.
88% of all projects identified in the flood bond are currently underway and at some state of completion.
Only 21 Projects Not Yet Started
Only 21 Bond projects have not yet started. They are all in the fourth quartile of the bond prioritization framework and will begin between July 2021 and March 2022. Of those, two are in the San Jacinto watershed: CI-61 (East Fork, West Fork, and Lake Houston Dredging) and F-15 (General Drainage Improvements near Atascocita).
Dredging included a $10 million match with estimated partner funds of $40 million.
FEMA/Army Corps, TWDB and City of Houston funds have covered dredging in the river to date.
Status of Lake Houston Area Projects
Other projects in the Lake Houston Area at least partially underway.
Luce Bayou and Huffman
Project underway include right-of-way acquisition, design and construction of general drainage improvements in the Luce Bayou Watershed and near Huffman (total $20 million). Luce Bayou right-of-way acquisition and floodplain preservation ($10 million) has also started.
Gates on Lake Houston Dam
Design and construction of additional gates on Lake Houston ($20 million) is nearing completion of the design phase. The City of Houston has taken the lead on that project but has made no announcements on it recently.
Other Projects Lake Houston Area Partially Underway
The San Jacinto Watershed Study ($625,000)
Funding for future partnership projects based on the SJR watershed study ($18.75 million)
Investigation of potential detention sites around the Glendale Dredge site in Partnership with the City of Houston ($50,000)
Conveyance improvements along Panther Creek ($10 million)
General drainage improvements east of Lake Houston ($10 million)
General Drainage Improvements near Kingwood ($10 million)
One Third of Projects Now Past Design Phase
One third of all projects have already begin work outside.
Ellis Not Content with 40% of Construction Going into Two Bayous in His Precinct
40% of all projects under construction are in Greens and Halls Bayou Watersheds, the two Precinct One Commissioner Rodney Ellis cares most about. He wants to slow down projects in other areas to focus more on projects in his area.
For a discussion of how the meeting went, check back tomorrow.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/03/Screen-Shot-2021-03-30-at-6.47.59-PM-e1617154465150.png?fit=1200%2C740&ssl=17401200adminadmin2021-03-30 20:32:292021-07-29 16:23:44HCFCD Issues Flood Bond Update as of March 30, 2021
Proposed New Law Mandates Flooding Disclosure to Renters
HB531 passed the Texas House of Representatives today. 119 voted Yea, 27 Nay and 2 voted present. Before it can become law, it still needs to pass the Senate and then the Governor must sign it.
Background and Purpose
Some feel that renters in areas susceptible to flooding may be unaware of that risk. Although state law requires a person selling real property to disclose to prospective homeowners whether the property is located in a floodplain, there is no similar requirement with respect to renters. H.B. 531 seeks to ensure that tenants are equipped with the information necessary to make informed decisions.
It requires a landlord to provide tenant with a written notice indicating whether the landlord is aware that the leased dwelling is located in a 100-year floodplain. It would also require the landlord to disclose whether the dwelling sustained flood damage in the preceding five-year period.
Some companies buy up homes on the cheap after floods and then rent them out to unsuspecting families. In North Kingwood Forest, I interviewed a family last year that fell into that category. The home flooded after May 7th in 2019, was fixed up, and quickly rented. Then the unsuspecting family promptly flooded during Imelda. Only then did the family learn of the properties history.
Provisions
H.B. 531 amends the Property Code to require the landlord of a residential dwelling to provide to a tenant a written notice stating whether the landlord is or is not aware that the dwelling is located in a 100-year floodplain. The bill sets out additional language related to informing the tenant of the dwelling’s potential susceptibility to flooding and the advisability of flood insurance.
However, if the landlord of a dwelling in a 100-year floodplain has raised the building above the 100-year floodplain in accordance with federal regulations, the landlord is then not required to disclose that the dwelling is located in the floodplain. The bill requires a landlord who knows that flooding has damaged any portion of a dwelling at least once during the five-year period immediately preceding the effective date of a lease to provide written notice to the tenant.
An amendment to H.B. 531 requires each applicable flood notice to be included in a separate written document given to a tenant before execution of a lease.
Lease Termination Rights
The bill lets a tenant terminate a lease if a landlord violates notice requirements and the tenant suffers a substantial loss or damage to the tenant’s personal property as a result of flooding. The tenant to give a written notice of termination to the landlord not later than the 30th day after the date the loss or damage occurred. The bill makes termination effective when the tenant surrenders possession of the dwelling.
It also requires the landlord, not later than the 30th day after the effective date of the termination, to refund to the tenant all rent or other amounts paid in advance under the lease. HB 531’s provisions do not affect a tenant’s liability for delinquent, unpaid rent or other sums owed to the landlord before the date the tenant terminated the lease.
If approved by the Senate and Governor, the bill would become effective on January 1, 2022.
For the full text of the bill as it currently stands, click here.
Posted by Bob Rehak on 4/2/2021
1312 Days after Hurricane Harvey and 560 since Imelda
Lake Conroe Association Applies for Temporary Restraining Order To Prohibit Seasonal Lowering of Lake Conroe
They’re baaaa-aaaack. Yesterday, less than a day before the SJRA spring seasonal lowering program was set to kick in, the Lake Conroe Association (LCA) applied for a temporary restraining order to prohibit it. The LCA also seeks a permanent ban on the entire program. For the complete text of their 30-page lawsuit, click here. For a summary, see below.
History of Lake Lowering Policy
After disastrous flooding during Hurricane Harvey in 2017, Governor Abbott instructed the SJRA to get into the flood mitigation business and identify strategies to reduce the risk of downstream flooding. The simplest, fastest, most effective strategy that required no grants, funding, design or construction was to lower Lake Conroe during the peaks of spring and fall flood seasons. This created an extra buffer against downstream flooding by creating extra capacity in the upstream lake.
The seasonal-lowering policy started in 2018 and continued in 2019. By late 2019 when the SJRA was getting ready to review the policy for another year, the Lake Conroe Association mobilized opposition in a major-league way. People came to SJRA Board meetings in busloads. There were so many that they couldn’t all get in the SJRA boardroom to be heard. So the next meeting was held in the Conroe Convention Center. Close to a thousand “Stop the Drop” protesters showed up. They argued that lowering the lake a foot was destroying businesses around the lake, undermining property values, destroying the local school system, and threatening the entire tax base of Montgomery County.
They also argued that Lake Conroe was never intended to be a flood control reservoir, and that the policy wasted water, produced no benefit, and had minimal effect. The current lawsuit makes many of these same hyperbolic arguments.
Allegations in Lawsuit
Below, see the major allegations in the seasonal-lowering lawsuit (italics) and my responses (normal text).
The SJRA and City of Houston are unlawfully discharging billions of gallons of water from Lake Conroe which causes it to remain below full capacity. However, a quick check tonight showed that the lake was actually above its normal capacity.
The Lake Conroe Dam is being operated contrary to state law. The operation was initiated at the request of the governor and approved by the TCEQ as an emergency measure while permanent downstream flood mitigation efforts could be put in place.
Lake Conroe Dam operation is contrary to the interests of the parties “for whom the lake is maintained, regulated and conserved.” The City of Houston paid for the construction of the dam and owns two thirds of the water in the lake. The operation benefits Houston residents and was requested by the Mayor of Houston. So I ask, “For whom is the lake maintained, regulated and conserved?”
The State is entitled to regulate water to protect its citizens’ health and safety. Isn’t that what the lake-lowering policy ensures?
Lake Conroe is not a flood control reservoir. Right! We’re trying to do the best with what we have.
The policy doesn’t conserve water. Right again! But it does conserve downstream property and lives. Somehow those got lost in the LCA arguments. For a list of Lake Houston Area damages during Harvey, click here.
Flood control is not permitted for Lake Conroe. But the TCEQ did permit it. And the TCEQ rejected an LCA appeal last year.
There’s no evidence that the policy works. Tell that to the people who didn’t flood in this storm.
The policy is not really temporary. Why was the policy enacted for three years then? It’s intended to allow safe completion of additional gates on the Lake Houston Dam.
The seasonal releases happen far in advance of a storm. Lake Conroe’s gates can release water 15 times faster. If a major storm approaches and a large release becomes necessary, it could overwhelm the gates on Lake Houston. The slow seasonal release safely reduces that risk.
Harris County Flood Control’s Harvey Report found the benefits of lowering Lake Conroe to be “negligible.” That’s a lie. The word negligible never appears in the report. And the lawsuit distorts the figures. It claims the Lake Conroe release accounted for at most 16% of the water going over the Lake Houston Dam. But it was one third of all the water coming down the West Fork where the vast majority of the damage occurred. The lawsuit allegation includes East Fork water to exaggerate its claim. The Lake Conroe Dam has no effect on East Fork flow. Also consider this. All by itself the Lake Conroe release during Harvey would have ranked as the ninth largest flood in West Fork history. Hardly negligible!
Petitioners continue to be affected in their rights to their use and enjoyment of Lake Conroe. Now we’re getting to the heart of the matter. But these photos show little impact on recreation even when the lake was lowered two feet.
Water released as part of a seasonal lowering will never be available for use. Rain replenishes the lake at no cost.
Without the TRO, Lake Conroe residents will have no adequate remedy to protect the “public’s interest.” Which public? The owners of the water? Or residents of Lake Conroe?
Lake Conroe Residents Don’t All Agree with LCA
Not all Lake Conroe residents agree with this petition. Though the petition gives no hint of that. Many who flooded during Harvey have previously testified that they want the lake lowered – permanently!
Exaggeration Upon Exaggeration
This lawsuit exaggerates. And that’s its biggest flaw. It sounds like the kid who tells the teacher “My dog ate my homework, right before a bus ran him over, and a 747 crashed into the bus. I tried to retrieve my homework, but the fire department washed it down the sewer. And now it’s floating in Lake Conroe where water skiers are tripping on it. That’s going to destroy home values on Lake Conroe and undermine the tax base of the school district. So you see, Teach, we have much bigger things to worry about. Like your salary and job security.”
For more about the seasonal lake lowering policy, click on this page.
Hearing Scheduled
It’s not clear yet how this lawsuit will affect the spring lowering of Lake Conroe scheduled to start Thursday. The lawsuit is scheduled for a hearing on 4/19/2021 in Montgomery County.
Posted by Bob Rehak on 4/1/2021
1311 Days after Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
HCFCD Issues Flood Bond Update as of March 30, 2021
In the March 30, 2021 Harris County Commissioner’s Court Meeting, Harris County Flood Control District (HCFCD) gave a Flood Bond update. Here’s where projects in the 2018 Flood Bond program stand.
Overview
In the 30 months since the bond was approved by Harris County voters, the Harris County Flood Control District has used bond funds to:
19 Projects Completed, 372 Underway
The flood bond update shows that of the 19 projects completed so far, investigations, analyses and studies comprised 15.
Altogether there are 372 individual HCFCD projects in progress related to the Bond Program. The table below shows the stages of those projects.
Only 21 Projects Not Yet Started
Only 21 Bond projects have not yet started. They are all in the fourth quartile of the bond prioritization framework and will begin between July 2021 and March 2022. Of those, two are in the San Jacinto watershed: CI-61 (East Fork, West Fork, and Lake Houston Dredging) and F-15 (General Drainage Improvements near Atascocita).
Dredging included a $10 million match with estimated partner funds of $40 million.
FEMA/Army Corps, TWDB and City of Houston funds have covered dredging in the river to date.
Status of Lake Houston Area Projects
Other projects in the Lake Houston Area at least partially underway.
Luce Bayou and Huffman
Project underway include right-of-way acquisition, design and construction of general drainage improvements in the Luce Bayou Watershed and near Huffman (total $20 million). Luce Bayou right-of-way acquisition and floodplain preservation ($10 million) has also started.
Gates on Lake Houston Dam
Design and construction of additional gates on Lake Houston ($20 million) is nearing completion of the design phase. The City of Houston has taken the lead on that project but has made no announcements on it recently.
Other Projects Lake Houston Area Partially Underway
One Third of Projects Now Past Design Phase
Ellis Not Content with 40% of Construction Going into Two Bayous in His Precinct
For a discussion of how the meeting went, check back tomorrow.
For the full Flood Bond update, click here. For future reference, this link is also posted on the Reports page under the Harris County Flood Control District, tab.
Posted by Bob Rehak on 3/30/21
1309 Days after Hurricane Harvey