Despite Gov. Greg Abbott's veto, Harris County seeks to criminalize floodplain violations

Harris County ﻿inspector Byron Adams measures the parking area ﻿of a gas station under construction. ﻿ Harris County ﻿inspector Byron Adams measures the parking area ﻿of a gas station under construction. ﻿ Photo: Marie D. De Jesus, Staff Photo: Marie D. De Jesus, Staff Image 1 of / 44 Caption Close Despite Gov. Greg Abbott's veto, Harris County seeks to criminalize floodplain violations 1 / 44 Back to Gallery

Harris County officials are asking state lawmakers to pass a bill that would criminalize the violation of the county's floodplain regulations, despite Gov. Greg Abbott's veto of such legislation last year.

Josh Stuckey, the county's chief administrative officer for public infrastructure coordination, told state lawmakers at a hearing earlier this week that the current law only allows the county to pursue costly and drawn-out civil lawsuits against potential violators, which he said were "painful for them and painful for us."

"It puts things in a huge backlog," Stuckey said.

Stuckey said in some cases, violators ignore letters asking them to comply with regulations -- such as adding fill to a piece of land without compensating for the fill by excavating elsewhere, so as to not increase the overall level of floodwaters during a severe storm.

A Houston Chronicle investigation in 2016 found that in the rapidly developing Houston region, regulations, at both the city and county level, routinely are broken, ignored or undercut. Violations increase the risk of flooding.

READ: Measures to control flooding falling short as area grows

Stuckey said issuing a Class C misdemeanor to violators would increase the county's ability to enforce its rules because it is quicker, less costly for the violator and the county and has the potential to increase compliance. The county uses a similar method for violations of regulations for private septic tanks, which has worked "very well."

State lawmakers passed a bill that would have allowed it to issue the misdemeanor, but Abbott vetoed it on June 15, stating that it would "expand the contours" of what is a crime by adopting new rules.

"Violation of these local rules and orders is already punishable by a civil penalty," Abbott wrote in his veto proclamation. "We need not create another crime, particularly one that is a moving target."