
Problem:
- The Texas constitution preempts cities from regulating oil and gas. Some cities such as Houston had ordinances requiring drilling be at lest 1,000 feet from the normal water’s edge of Lake Houston or any of its drains, streams or tributaries
- HB40 re-written to include a 5-year “prima facie” clause, a legal term which gives the impression that cities will retain the right to keep ordinances more than 5 years old. At best, this is only partially true.
- 182,550 families in Houston who applied for FEMA aid but were denied – about 71% of the city’s total applicants.
Solutions:
- Create a public bank to finance water related projects
- Close corporate loopholes in the state sales tax
- Reallocate some of the $800 million wasted on border security
- Amend the Texas constitution remove the cap on the Consolidated Water Quality Fee assessed by the Texas Commission on Environmental Quality, so that the fee is assessed equitably on all fee payers.
- Any business that uses more than 100,000 gallons of water a day will be charged an additional 25-cents per every 1,000 gallons.
- Reduce the amount of money wasted on professional sports stadiums so the money can be used to reduce flooding
- Do a feasibility study on turning some of the city of houston golf courses into flood detention ponds similar to Clear Lake
- Repeal the $12.27 revenue cap to be able to use fund for flood mitigation
Texas Constitution
Code – Water
Chapter – 26 Water Quality Control
Section – 26.0291 Water Quality Fee
Code – Natural Resources
Chapter – 81 Railroad Commission of Texas
Section – 81.0523 Exclusive Jurisdiction and Express Preemption
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Texas Comptroller – Texas Supreme Court Decision Affirms Right to Water
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The Week – The perverse incentives of the National Flood Insurance Program
The Atlantic – Can Congress Bring the National Flood Insurance Program Above Water?
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