Bill Text: TX HB4424 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of the Clear Creek Watershed Regional Flood Control District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; providing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-15 - Recommendations filed with the Speaker [HB4424 Detail]
Download: Texas-2019-HB4424-Introduced.html
86R107 GRM-D | ||
By: Thompson of Brazoria | H.B. No. 4424 |
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relating to the creation of the Clear Creek Watershed Regional | ||
Flood Control District; granting a limited power of eminent domain; | ||
providing authority to issue bonds; providing authority to impose | ||
assessments, fees, and taxes; providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle E, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 7813 to read as follows: | ||
CHAPTER 7813. CLEAR CREEK WATERSHED REGIONAL FLOOD CONTROL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7813.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the Clear Creek Watershed | ||
Regional Flood Control District. | ||
Sec. 7813.0102. NATURE OF DISTRICT. (a) The district is a | ||
conservation and reclamation district and flood control district as | ||
provided by this chapter. | ||
(b) The creation of the district is essential to accomplish | ||
the purposes of Section 59, Article XVI, Texas Constitution. | ||
Sec. 7813.0103. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
Sec. 7813.0104. CONFLICTS OF LAW. This chapter prevails | ||
over any provision of general law, including a provision of Chapter | ||
56 or 57, Water Code, that is in conflict or is inconsistent with | ||
this chapter. | ||
SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
Sec. 7813.0121. TEMPORARY DIRECTORS. As soon as | ||
practicable after the effective date of the Act enacting this | ||
chapter, the temporary directors of the district shall be appointed | ||
as follows: | ||
(1) the commissioners courts of Brazoria and Harris | ||
Counties shall each appoint one director to serve a term that | ||
expires September 30, 2021; and | ||
(2) the commissioners courts of Fort Bend, Galveston, | ||
and Harris Counties shall each appoint one director to serve a term | ||
that expires September 30, 2023. | ||
Sec. 7813.0122. CONFIRMATION ELECTION REQUIRED. The | ||
temporary directors shall hold an election to confirm the creation | ||
of the district as provided by Section 49.102, Water Code. | ||
Sec. 7813.0123. EXPIRATION. This subchapter expires | ||
December 31, 2024. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7813.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five appointed directors. | ||
(b) Except as provided by Section 7813.0121, directors | ||
serve staggered four-year terms. | ||
Sec. 7813.0202. APPOINTMENT OF DIRECTORS; VACANCY. (a) | ||
The directors are appointed as follows: | ||
(1) one director appointed by the commissioners court | ||
of Brazoria County; | ||
(2) one director appointed by the commissioners court | ||
of Fort Bend County; | ||
(3) one director appointed by the commissioners court | ||
of Galveston County; and | ||
(4) two directors appointed by the commissioners court | ||
of Harris County. | ||
(b) On the expiration of a director's term, the | ||
commissioners court that appointed the director shall appoint a | ||
successor. | ||
(c) If a vacancy occurs during a director's term, the | ||
commissioners court that appointed the director shall appoint a | ||
person to serve as director for the remainder of the term. | ||
Sec. 7813.0203. COMPENSATION OF DIRECTORS. (a) | ||
Notwithstanding Section 49.060, Water Code, a director is not | ||
entitled to receive compensation for service on the board. | ||
(b) A director may be reimbursed for actual district travel | ||
expenses. | ||
Sec. 7813.0204. GENERAL MANAGER BOND. (a) The general | ||
manager of the district shall execute a bond that is: | ||
(1) in an amount set by the board; | ||
(2) payable to the district; and | ||
(3) conditioned on the general manager's faithful | ||
performance of the general manager's duties. | ||
(b) The district shall pay for the bond described by | ||
Subsection (a). | ||
Sec. 7813.0205. DISTRICT ENGINEER. (a) The board shall | ||
appoint a professional civil engineer as the district engineer. | ||
(b) The district engineer shall execute a bond that is: | ||
(1) in an amount set by the board; | ||
(2) payable to the district; and | ||
(3) conditioned on the faithful performance of the | ||
district engineer's duties. | ||
(c) The district shall pay for the bond described by | ||
Subsection (b). | ||
(d) The board shall determine the compensation and terms of | ||
employment for the district engineer. | ||
Sec. 7813.0206. BOND FOR EMPLOYEE RESPONSIBLE FOR MONEY. | ||
(a) The board shall require an employee who collects, pays, or | ||
handles district money to provide a good and sufficient bond that | ||
is: | ||
(1) in an amount sufficient to safeguard the district; | ||
(2) payable to the district; and | ||
(3) conditioned on: | ||
(A) the faithful performance of the employee's | ||
duties; and | ||
(B) accounting for all district money and | ||
property under the employee's control. | ||
(b) The district shall pay for the bond described by | ||
Subsection (a). | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7813.0301. FLOOD CONTROL DISTRICT POWERS AND DUTIES. | ||
The district may exercise the rights, powers, privileges, and | ||
functions provided by Section 59, Article XVI, Texas Constitution, | ||
Chapters 49, 56, and 57, Water Code, and this chapter. | ||
Sec. 7813.0302. LOCAL COOPERATION. The district shall | ||
cooperate with other political subdivisions in order to provide | ||
uniform flood prevention programs and planning. | ||
Sec. 7813.0303. FLOOD CONTROL AND DRAINAGE PLAN. (a) The | ||
district shall develop a flood control and drainage plan for all | ||
land in the district, including the main channel and all | ||
tributaries of Clear Creek. | ||
(b) The board shall direct the district engineer to prepare | ||
a flood control and drainage plan that provides for: | ||
(1) control and abatement of flood water and other | ||
excess water; and | ||
(2) reclamation and drainage of land in the district. | ||
(c) The district engineer shall file the completed plan with | ||
the board and the commissioners court of each county that appoints a | ||
director. | ||
(d) In preparing the plan, the district engineer may: | ||
(1) exercise the powers and shall exercise the duties | ||
provided by Sections 56.022 and 56.023, Water Code; and | ||
(2) consider and use all or part of any previously | ||
prepared flood control and drainage plan that covers any area in the | ||
district. | ||
Sec. 7813.0304. FLOOD CONTROL AND DRAINAGE PLAN; NOTICE AND | ||
HEARING. (a) On receipt of the completed flood control and | ||
drainage plan, the board shall schedule a public hearing to | ||
consider adoption of the plan. The board must publish notice of the | ||
hearing at least once in a newspaper with general circulation in the | ||
district not later than the 30th day before the date of the hearing. | ||
(b) At the hearing, any person who resides or owns property | ||
in the district or a political subdivision located wholly or partly | ||
in the district may appear before the board and comment for or | ||
against all or part of the plan. | ||
Sec. 7813.0305. FLOOD CONTROL AND DRAINAGE PLAN; ADOPTION. | ||
(a) After holding the public hearing required by Section 7813.0304, | ||
the board shall issue its findings and decision. | ||
(b) If the board finds that the flood control and drainage | ||
plan requires changes before it can be adopted, the board shall | ||
direct the district engineer to make the necessary changes. The | ||
district engineer shall make the changes and resubmit the plan to | ||
the board. | ||
(c) Without further public hearing, the board may continue | ||
to direct the district engineer to make changes to the plan until | ||
the board finds the plan acceptable for adoption. | ||
(d) If the board finds the plan acceptable for adoption, the | ||
board shall submit the plan to the commissioners court of each | ||
county that appoints a director. The commissioners courts may | ||
consider the plan and recommend changes to the plan. | ||
(e) If the board and commissioners courts cannot agree on | ||
changes to the plan, the board shall submit the provisions in the | ||
plan that are in dispute to the district engineer for resolution of | ||
the dispute. | ||
(f) Not earlier than the 30th day after the date the plan is | ||
submitted to the commissioners courts, the board shall adopt the | ||
plan as revised to reflect all necessary changes. | ||
Sec. 7813.0306. FLOOD CONTROL AND DRAINAGE PLAN; | ||
AMENDMENTS. After adopting the flood control and drainage plan, | ||
the board may amend the flood control and drainage plan as necessary | ||
to accomplish the purpose stated in Section 7813.0303. | ||
Sec. 7813.0307. FLOOD CONTROL AND DRAINAGE PLAN; | ||
IMPLEMENTATION. (a) In accordance with the flood control and | ||
drainage plan, the district shall: | ||
(1) construct improvements on the main channel of | ||
Clear Creek that will lessen and control flooding; | ||
(2) prevent or remove deposits of silt and remove | ||
natural or artificial obstructions from the main channel of Clear | ||
Creek; | ||
(3) conduct flood-control-related maintenance on the | ||
main channel of Clear Creek; and | ||
(4) approve and coordinate all flood control | ||
improvements and maintenance located in the district. | ||
(b) Under a written agreement with a political subdivision | ||
that is subject to the flood control and drainage plan, the district | ||
may construct improvements on any watercourse or land in the | ||
district to: | ||
(1) lessen and control flooding; | ||
(2) prevent or remove deposits of silt and remove | ||
natural or artificial obstructions from any watercourse; or | ||
(3) conduct flood-control-related maintenance on any | ||
watercourse. | ||
Sec. 7813.0308. CONSTRUCTION OF IMPROVEMENTS. (a) The | ||
district may only construct improvements compatible with the flood | ||
control and drainage plan. | ||
(b) Only the district may construct improvements or perform | ||
maintenance on the main channel of Clear Creek. The district may | ||
contract for the construction and maintenance of improvements to | ||
the main channel of Clear Creek. The district is responsible for | ||
assuring that all construction and maintenance is done in | ||
conformance with the flood control and drainage plan. | ||
(c) Other political subdivisions than the district may | ||
construct improvements and perform maintenance on lands draining | ||
into Clear Creek or its tributaries, including detention | ||
structures, and channels other than the main channel of Clear | ||
Creek. The district may construct improvements and perform | ||
maintenance under this subsection under an agreement with the | ||
applicable political subdivision. | ||
Sec. 7813.0309. PERMIT REQUIRED FOR ACTIVITY AFFECTING | ||
FLOOD CONTROL OR DRAINAGE. (a) Except as provided by Subsection | ||
(b), a person may not engage in an activity that will affect flood | ||
control or drainage in the district without obtaining a permit from | ||
the board. | ||
(b) After notice and hearing, the board may adopt a rule or | ||
issue an order that exempts a specified activity from obtaining a | ||
permit under this section. The board may exempt an activity only if | ||
the board, after consultation with the district engineer, finds | ||
that the activity will have at most a minimal effect on flood | ||
control and drainage. | ||
Sec. 7813.0310. NOTICE OF ACTIVITIES AFFECTING FLOOD | ||
CONTROL OR DRAINAGE. (a) A person that plans to engage in an | ||
activity that will affect flood control or drainage in the district | ||
shall submit written notice to the board of the intent to engage in | ||
the activity, accompanied by plans, specifications, and other | ||
information relating to the activity. | ||
(b) A person shall submit the notice and other information | ||
required by Subsection (a) in the form and time period provided by | ||
board rules. | ||
Sec. 7813.0311. CONSIDERATION OF ACTIVITY BY DISTRICT | ||
ENGINEER. (a) On receiving notice of a proposed activity under | ||
Section 7813.0310, the board shall submit the notice and other | ||
information to the district engineer for consideration. | ||
(b) The district engineer shall examine the notice and other | ||
information to determine: | ||
(1) the effect of the proposed activity on flood | ||
control and drainage in the district; and | ||
(2) whether the proposed activity is compatible with | ||
the flood control and drainage plan. | ||
(c) The district engineer shall consult with the person | ||
submitting the notice and information and suggest changes in the | ||
proposed plans and specifications for the activity necessary to | ||
make the activity compatible with the flood control and drainage | ||
plan. | ||
(d) If the district engineer and the person proposing an | ||
activity agree to plans and specifications for the activity that | ||
are compatible with the flood control and drainage plan as | ||
determined by the district engineer, the district engineer shall | ||
recommend that the board issue a permit authorizing the activity. | ||
If the district engineer and the person proposing an activity | ||
cannot agree, the district engineer shall recommend that the board | ||
decline to issue a permit authorizing the activity. The district | ||
engineer's recommendation shall be included in a brief written | ||
report to the board stating the district engineer's reasons for the | ||
recommendation. | ||
Sec. 7813.0312. BOARD CONSIDERATION AND ACTION. (a) On | ||
receiving the district engineer's report under Section | ||
7813.0311(d), the board may issue a permit without giving notice or | ||
holding a public hearing to consider the issuance. | ||
(b) After consideration of the district engineer's report, | ||
the board may deny issuance of a permit only if the board gives | ||
notice and holds a public hearing in accordance with the district's | ||
rules to consider the issuance of the permit. After conducting the | ||
hearing, the board shall issue a written decision granting or | ||
denying the permit or granting the permit subject to specific | ||
requirements. The decision must state the findings of the board in | ||
making the decision. | ||
Sec. 7813.0313. OBSTRUCTIONS AND STRUCTURES. (a) A person | ||
may not place an obstruction or construct or alter a structure that | ||
affects flood control or drainage on land in the district if the | ||
obstruction or structure is not compatible with the flood control | ||
and drainage plan and the district has not issued a permit for the | ||
activity. | ||
(b) After notice and hearing, the board may issue an order | ||
directing a person to remove or make changes to an obstruction or | ||
structure constructed after adoption of the flood control and | ||
drainage plan as necessary to comply with the plan. | ||
Sec. 7813.0314. INJUNCTIVE RELIEF. If a person engages in | ||
an activity that will affect flood control or drainage in the | ||
district without a permit or places an obstruction or constructs or | ||
alters a structure in violation of an order issued by the board | ||
under Section 7813.0313, the board may sue in a district court in | ||
any county in which the activity is occurring or an obstruction is | ||
built for injunctive relief to restrain the person from continuing | ||
the violation or to require the person to remove an obstruction or | ||
structure. | ||
Sec. 7813.0315. CIVIL PENALTY. (a) A person who violates | ||
Section 7813.0309 or 7813.0313 or any order issued by the board | ||
under Section 7813.0309 or 7813.0313 is subject to a civil penalty | ||
of not less than $100 or more than $1,000 for each violation or each | ||
day of a continuing violation. | ||
(b) If a suit is filed under this section to recover a civil | ||
penalty, the court may include in any final judgment in favor of the | ||
district an award to cover court costs and reasonable attorney's | ||
fees. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7813.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) | ||
The district may issue, without an election, bonds and other | ||
obligations secured by revenue other than ad valorem taxes. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 57, Water Code, to obtain voter approval | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes. | ||
Sec. 7813.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7813.0401, the | ||
district may impose an operation and maintenance tax on taxable | ||
property in the district in accordance with Section 49.107, Water | ||
Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 7813.0403. BUDGET. (a) The board shall adopt an | ||
annual budget containing a complete financial statement of the | ||
district. | ||
(b) The board shall conduct a public hearing on the proposed | ||
budget on a date set by the board after August 15 and before the | ||
imposition of district taxes. The board shall give public notice of | ||
the hearing by publication in a newspaper of general circulation in | ||
the district at least 15 days before the date of the hearing. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7813.0501. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 7813.0502. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 57.251 and 57.259, Water Code. | ||
Sec. 7813.0503. AD VALOREM BONDS FOR IMPROVEMENTS. The | ||
district may issue bonds under this chapter supported by ad valorem | ||
taxes on property in the district to finance up to one-half of the | ||
cost of construction under Section 7813.0307 if the district finds | ||
that the project will not be constructed without the use of the ad | ||
valorem taxes. | ||
Sec. 7813.0504. JOINT PROJECTS BONDS. (a) The district may | ||
issue bonds secured by revenues arising from a contract with a | ||
political subdivision located wholly or partly in the district for | ||
the construction of an improvement identified in the flood control | ||
and drainage plan. The district shall provide the proceeds from the | ||
bonds to the local political subdivision for the construction of | ||
the improvement, or, if the contract with the political subdivision | ||
requires the district to construct the improvements, the district | ||
shall use the proceeds for the required construction. Bonds issued | ||
under this section are subject to Subchapter F, Chapter 49, Water | ||
Code, except that any provision associated with the imposition of | ||
an ad valorem tax does not apply. | ||
(b) A political subdivision located wholly or partly in the | ||
district may enter into any contract with the district. The | ||
political subdivision may pledge to the payment of the contract any | ||
source of revenue available to the political subdivision, including | ||
the imposition of ad valorem taxes, if the political subdivision | ||
has the authority to impose those taxes. To the extent a political | ||
subdivision pledges money to be derived from any of its own systems, | ||
the payments constitute an operating expense of that system. | ||
(c) The district may issue bonds supported by revenues under | ||
this section to finance all or part of the cost of construction of | ||
improvements under the flood control and drainage plan implemented | ||
under Subchapter C. | ||
SECTION 2. The Clear Creek Watershed Regional Flood Control | ||
District initially includes all the territory contained in the | ||
following area: | ||
The district is composed of Brazoria County tracts 0601.10, | ||
0601.20, 0602.12, 0602.22, and 0602.32; and that part of Brazoria | ||
County tract 0602.11 included in block group 1 and blocks 201A, | ||
201B, 202A, 202B, 202C, 206B, 301A, and 301B; and that part of | ||
Brazoria County tract 0602.21 included in blocks 101, 102, 103, | ||
104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112A, 112B, 113A, | ||
113B, 114, 115, 116, 117, 118, 119, 120, 301A, 301B, 302B, 303B, | ||
304, 305A, 305B, 306A, 306B, 307A, 307B, 308, 309, 310A, 310B, and | ||
311; and that part of Brazoria County tract 0603.10 included in | ||
blocks 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 308A, | ||
308C, 312, 317, 318A, 318B, 319, 320, 321, 322, and 326A; and that | ||
part of Fort Bend County tract 0701.15 included in blocks 607A, | ||
607B, 614, 615, 616A, and 616B; and that part of Fort Bend County | ||
tract 0701.25 included in blocks 101, 102, 103A, 103C, 105, 122, | ||
123, 201, 202, 203, 204, and 205; Galveston County tracts 1201.01, | ||
1201.02, 1205, 1206.10, and 1206.20; and that part of Galveston | ||
County tract 1202 included in block groups 1, 2, 5, and blocks 301, | ||
302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, | ||
314, 315, 316A, 316B, 316C, 319, 401, 402, 403, 404, 405, 406, 407, | ||
408, 409, 410, 411, 412, 413, 414, and 415; and that part of | ||
Galveston County tract 1203 included in block groups 1, 2, 3, 5, and | ||
blocks 401, 402, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, | ||
414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, | ||
427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, | ||
440, 601, and 602; and that part of Galveston County tract 1204 | ||
included in block groups 1 and 2 and blocks 304, and 307; and that | ||
part of Galveston County tract 1207 included in block groups 1, 3, | ||
4, 5, and blocks 201A, 201B, 201E, 202, 203, 204A, and 204B; and | ||
that part of Galveston County tract 1208 included in block 407A; and | ||
that part of Galveston County tract 1209 included in blocks 101, | ||
102, 103, 104, 105, 106, 107, 112, 113, 114, 115, 116, 117, 118, | ||
123, 124, 125, 126, 130, and 131; Harris County tracts 0337, 0341, | ||
0345.02, 0366.41, 0371.02, 0371.11, 0371.21, 0372, 0373.04, 0374, | ||
and 0375; and that part of Harris County tract 0336 included in | ||
blocks 403B, 408, 409, 410, 411, and 412; and that part of Harris | ||
County tract 0338 included in blocks 401 and 413; and that part of | ||
Harris County tract 0340 included in blocks 604, 605, 606, 607, 608, | ||
and 609; and that part of Harris County tract 0342 included in | ||
blocks 113, 126, 128, 129, 130, 131, 132, and 133; and that part of | ||
Harris County tract 0344 included in block 426; and that part of | ||
Harris County tract 0345.01 included in block groups 4, 5, 6, and | ||
blocks 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, | ||
315, 316, 317, 318, 319, and 320; and that part of Harris County | ||
tract 0346 included in blocks 204, 209, 210, 212, and 304; and that | ||
part of Harris County tract 0347.03 included in block 202; and that | ||
part of Harris County tract 0363 included in blocks 119, 120, 121, | ||
301, and 331; and that part of Harris County tract 0366.02 included | ||
in blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, | ||
112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 120C, 123, 124, | ||
125, 126, 199A, 201, 202, 203, 204, 210, 212, 213, 214, 215, 216, | ||
217A, 217B, 301, 302, 303, 304, 305, and 307; and that part of | ||
Harris County tract 0366.21 included in blocks 302A, 302B, and 303; | ||
and that part of Harris County tract 0366.31 included in blocks 901, | ||
902, 903, 904A, 904B, 904C, 904D, 904E, 905A, 905B, 905C, 905D, | ||
905E, 905F, 909, 910, 911A, 911B, 911C, 912A, 912B, 912C, 912D, | ||
913A, 913B, 914, 915, 916, 917, 999A, and 999B; and that part of | ||
Harris County tract 0367 included in blocks 103A, 103B, 103C, 103D, | ||
129A, 129C, 130A, 130C, 131A, 131B, 131C, 132, 133, 199A, 199C, and | ||
199D; and that part of Harris County tract 0368.01 included in block | ||
groups 5, 6, 7, 8, and blocks 402A, 402B, 402C, 402D, 402E, 403, | ||
404, 499A, 499B, 499C, 499D, and 499E; and that part of Harris | ||
County tract 0368.02 included in blocks 109, 113, 115, 202, 203, | ||
204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 305, 308, 309, | ||
312, 315, 316, 319, 320, 323, 324, 325, 326, 327, 328, 329, 330, | ||
331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, | ||
344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 358, | ||
359, 364, 365, and 399; and that part of Harris County tract 0369 | ||
included in block group 1 and blocks 201, 202, 203, 204, 205, 206, | ||
207A, 207C, 209, 212, 299, 301A, 301B, 301C, 301D, 304A, 306, 309, | ||
310, 399A, and 399B; and that part of Harris County tract 0370.10 | ||
included in block groups 1 and 2 and blocks 301A, 301B, and 303; and | ||
that part of Harris County tract 0370.20 included in blocks 901A and | ||
903; and that part of Harris County tract 0373.02 included in block | ||
group 6 and blocks 305, 308, 309, 702, 703, 704, and 705; and that | ||
part of Harris County tract 0373.03 included in block groups 1, 2, | ||
3, and blocks 401A, 401B, 403, 409, 410, 411, 412, 413, 414, 415, | ||
416, 417, 418, 419, 420, 421, 422, 423, 505, 506, 507, 508, 509, | ||
510, 511, and 512; and that part of Harris County tract 0373.11 | ||
included in blocks 101A, 101B, 102, 103, 104, 301A, 301B, 303A, and | ||
303B; and that part of Harris County tract 0373.21 included in block | ||
group 3 and blocks 111, 201, 202, 203, 206, 207, 209, 210, 211, 212, | ||
213, 214, 215, 216, 217B, 218, 219, and 220. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 4. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
7813, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7813.0316 to read as follows: | ||
Sec. 7813.0316. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(b) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |