|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
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. |