Sec. 16.502. OUTDOOR WARNING SIRENS REQUIRED IN FLASH FLOOD-PRONE AREAS. (a) The board shall identify each area in a flash flood-prone area that: (1) has a history of consistent or severe flooding; and (2) based on the history under Subdivision (1) and any other factor the board considers relevant, warrants the installation, maintenance, and operation of one or more outdoor warning sirens. (b) Other relevant factors the board may consider in making determinations under Subsection (a)(2) include, as to each area: (1) loss of human life to flooding; (2) the existence of residences or other dwelling structures in a flash flood-prone area; and (3) the potential damage to real or personal property resulting from a flood. (c) Except as provided by Subsection (d), for each area identified under Subsection (a)(2), the appropriate municipality or county shall install, maintain, and operate one or more outdoor warning sirens in accordance with the rules adopted by the board under this section. If the site of the installation is: (1) in the boundaries of a municipality, the municipality shall install, maintain, and operate the siren; or (2) in the unincorporated area of a county, the county shall install, maintain, and operate the siren. (d) An outdoor warning siren is not required for an area in which a governmental entity already maintains and operates an outdoor warning siren that meets the best management practices and guidance adopted by board rule. (e) Municipalities, counties, and other governmental entities by written agreement may jointly install, maintain, or operate an outdoor warning siren required under this section. (f) Each county or municipality with an outdoor warning siren required under this section or any other governmental entity with an outdoor warning siren in a flash flood-prone area shall regularly test the functionality of the outdoor warning siren and document the results of those tests. (g) The board's identification under this section of an area that warrants an outdoor warning siren is final and binding. (h) The board shall adopt rules and procedures to implement this section, including facilitating development of best management practices and guidance: (1) for the operation of an outdoor warning siren in a flash flood-prone area of this state; and (2) for an outdoor warning siren installed, maintained, or operated in a flash flood-prone area, including guidance that an outdoor warning siren be equipped with a backup power source that is different from the siren's primary power source. (i) The board may contract or consult with other entities when adopting rules and procedures to implement this section. (j) The board may not approve financial assistance, other than financial assistance for an outdoor warning siren, including assistance described by Section 418.027 , Government Code, for a county or municipality until the county or municipality certifies to the board that it is in compliance with this section.
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