Bill Text: TX HB5338 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the Harris County Flood Control District and the transfer to it of the assets, programs, and facilities of the Harris County Toll Road Authority; providing for the appointment of the governing body.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced - Dead) 2023-04-25 - Recommendations filed with the Speaker [HB5338 Detail]

Download: Texas-2023-HB5338-Introduced.html

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88R10165 MP-D
By: Paul H.B. No. 5338

A BILL TO BE ENTITLED
AN ACT
relating to the Harris County Flood Control District and the
transfer to it of the assets, programs, and facilities of the Harris
County Toll Road Authority; providing for the appointment of the
governing body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 360, Acts of the 45th Legislature,
Regular Session, 1937, is amended by amending Sections 1, 2, 2A, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 12-a, and 12-b and adding Sections 1A,
1B, 1C, and 12-c to read as follows:
Sec. 1. Gulf Coast Resiliency [Harris County Flood Control]
District Created. There is hereby created and established within
the State of Texas, in addition to the districts into which the
State has heretofore been divided, in the form and manner
hereinafter provided, a conservation and reclamation district to be
known as the Gulf Coast Resiliency [Harris County Flood Control]
District, hereinafter called the District[, and consisting of that
part of the State of Texas which is known as and included within the
boundaries of the County of Harris]. Such District shall be a
governmental agency and body politic and corporate, with the powers
of government and with the authority to exercise the rights,
privileges, and functions hereinafter specified, the creation and
establishment of such District being essential to the
accomplishment of the purposes of Section 59 of Article XVI of the
Constitution of the State of Texas, as amended, including the
control, storing, preservation, and distribution of the storm and
flood waters, and the waters of the rivers and streams within the
bounds of the District [in Harris County] and their tributaries,
for domestic, municipal, flood control, irrigation, and other
useful purposes, the reclamation and drainage of the overflow land
within the bounds of the District [of Harris County], the
conservation of forests, and to aid in the protection of navigation
on the navigable waters by regulating the flood and storm waters
that flow into said navigable streams.
The District is created to accomplish the purposes of Section
52, Article III, Texas Constitution, that relate to the
construction, acquisition, improvement, operation, or maintenance
of macadamized, graveled, or paved roads, or improvements,
including storm drainage, in aid of those roads. [The Commissioners
Court of Harris County, Texas, is hereby designated as the
governing body of such District and the agency through which the
management and control of the District shall be administered, and
it is hereby empowered to do any and all things necessary to carry
out the aims and purposes of this Act.]
Sec. 1A. DEFINITIONS. In this Act:
(1) "Board" means the governing body of the District.
(2) "District" means the Gulf Coast Resiliency
District.
(3) "Presiding officer" means the presiding officer of
the Board.
(4) "Secretary" means the secretary of the Board.
(5) "Treasurer" means the treasurer of the Board.
Sec. 1B. DISTRICT TERRITORY. The boundaries of the
District are coextensive with the boundaries of Harris County.
Sec. 1C. BOARD; TERMS. (a) The Board is composed of five
members who are appointed by the governor with the advice and
consent of the senate.
(b) The members of the Board hold office for staggered terms
of four years, with the terms of two or three members expiring
January 1 of each odd-numbered year. Each member holds office until
a successor is appointed and has qualified.
(c) The governor shall designate one member as the presiding
officer of the Board to serve at the will of the governor. The Board
shall elect from among its members a secretary and a treasurer and
other officers the presiding officer considers necessary.
(d) A member of the Board may not receive compensation but
is entitled to reimbursement of the travel expenses incurred by the
member while conducting the business of the Board.
Sec. 2. Added Powers. In addition to the powers given to the
Board [Commissioners Court] by General Laws and in addition to the
general powers herein given, it shall be authorized in connection
with the [Harris County Flood Control] District to exercise the
following added rights, powers, privileges, and functions:
a. To acquire land and rights and interest therein and any
other character of property needed to carry on the work of flood
control, by gift, devise, purchase, or condemnation;
b. To sell, trade, or otherwise dispose of land or other
property or rights therein when the same are no longer needed for
the project or flood control purposes;
c. To hire [appoint] a flood control manager and other
[such] agents and employees [of the County] for flood control
purposes as may be necessary, including an engineer and counsel,
and to prescribe their duties and fix their bonds and compensation;
d. To authorize its officers, employees, or agents to go
upon any lands lying within the District for the purpose of making
surveys and examining the same in connection with flood control
plans and projects, and for any other lawful purpose within the
scope of its authority;
e. To devise plans and construct works to lessen and control
floods; to reclaim lands in the District; to prevent the deposit of
silt in navigable streams; to remove obstructions, natural or
artificial, from streams and water courses; to regulate the flow of
surface and flood waters; and to provide drainage where essential
to the flood control project;
f. To exercise all powers, rights, privileges, and
functions conferred by general law upon flood control districts
created pursuant to Section 59 of Article XVI of the Constitution of
Texas [, as amended, so far as the same may be applicable to Harris
County and essential to the flood control project];
g. To cooperate with and contract with the United States of
America or with any of its agencies now existing, or which may be
created hereafter, for grants, loans, or advancements to carry out
any of the powers or to further any of the purposes set forth in this
Act and to receive and use said moneys for such purposes; or to
contribute to the United States of America or any of its agencies in
connection with any project undertaken by it affecting or relating
to flood control in the District [Harris County];
h. To cooperate [with,] or [to] contract with a municipality
or county within the District, [the City of Houston, or] any
adjacent county, or any agency or political subdivision of the
State [, or any city or town within Harris County] in relation to
surveys, the acquisition of land or right of ways, the construction
or maintenance of projects or parts thereof or the financing of the
same in connection with any matter within the scope of this Act;
i. To sue and be sued in any proper case under the laws of
this State; and all courts shall take judicial notice of the
establishment of the said District; and
j. To do any and all other acts or things necessary or proper
to carry into effect the foregoing powers.
Sec. 2A. Right to Remove Property. [(a) In this section,
"district" means the Harris County Flood Control District.
[(b)] In order to carry out district purposes, the district
may remove real or personal property placed on land owned by the
district or land subject to an easement held by the district,
regardless of when the real or personal property was put in place
and without the consent of the owner of the property. The district
must send notice by certified mail to the owner of property on which
the district intends to act under this section. Not earlier than
the 30th day after the date the notice is sent, the district must
send a second notice by certified mail. The district may use
existing civil lawsuit processes against the owner of the property
to recover the cost of removing the property not earlier than the
30th day after the date the second notice was received.
Sec. 3. Petition for Hearing. A petition may be filed with
the Board [County Clerk of Harris County for submission to the
Commissioners Court], signed by not less than fifty (50) qualified
property taxpaying voters resident of the District [said County]
who own and assess property therein, accompanied by the certificate
of the Assessor and Collector of Taxes showing that such persons
have correctly stated the facts with respect to their
qualifications to sign the petition, which petition may request the
submission to the qualified voters the question of the issuance of a
named amount of bonds for flood control purposes under the
provisions of Section 59 of Article XVI of the Constitution of the
State of Texas, as amended. Said petition shall set out the general
nature of the work to be done, the necessity therefor, the
feasibility thereof, and a reasonable amount of detail with respect
to the matters alleged, sufficient to inform the Board
[Commissioners Court] fully of the purpose, utility, feasibility,
and necessity therefor. The petition shall state the estimated
cost of the project as then estimated and its operating costs and
shall give such additional information as may be available for the
purpose. The petition shall request that the Board [Commissioners
Court] hear evidence of the feasibility, practicability, and cost
of the project and whether or not the same would be a public benefit
and is needed, and that an election be called to determine whether
or not said bonds shall be issued.
Sec. 4. Notice of Hearing. Notice of such hearing shall be
given by publication once a week for two (2) consecutive weeks prior
to the date fixed for such hearing and exclusive thereof in a daily
newspaper published in the District [Harris County] which said
notice shall consist of a certified copy of the petition and of the
order of the Board [Court] setting the same for hearing and shall be
signed by the presiding officer [County Judge]. In addition
thereto, the Sheriff of each county in the District [Harris County]
shall post at least fifteen (15) days prior to the date of hearing,
one copy of said notice at each of four (4) public places in each
county in the District [Harris County] and one copy thereof at the
Courthouse door of each county in the District, and said sheriff and
the editor of the newspaper in which said notice is published shall
make due return under oath showing the dates of posting and
publication, respectively.
Sec. 5. Hearing. The Board [Commissioners Court] shall
have jurisdiction to hear, consider, and determine the matters
brought before it in said petition and by the evidence produced in
favor of and against the proposition to issue bonds. The hearing
may be continued from day to day. Should the Board [Court] refuse
said petition it shall so find and its orders shall be recorded in
its minutes refusing said petition and giving its reasons therefor.
Should the Board [Commissioners Court] determine that the
proposition to issue such bonds should be submitted at an election
called for the purpose it shall thereupon enter its order making its
findings with respect to the matters herein provided for and shall
be authorized to submit in accordance with the provisions of the
Constitution and with Subdivisions 1 and 2 of Title 22 of the
Revised Civil Statutes of Texas of 1925, to an election of the
qualified property taxpaying voters resident of the District [said
County] who own and assess property therein, the question of a bond
issue for the purpose of providing said funds, and the District
[said County] is given the right, after a majority vote of the
electors qualified as herein required in favor of the proposition
to issue bonds, to issue flood control bonds as authorized by
Section 59 of Article XVI of the Constitution of the State of Texas,
as amended, upon a compliance with the provisions of Subdivisions 1
and 2 of Title 22, Revised Civil Statutes of Texas of 1925, and with
this Section, and within the limitations therein prescribed; and to
levy and assess upon all the property subject to taxation in the
District [said County], and thereafter to collect such taxes as may
annually be required to pay the interest on the bonds voted at said
election and to create a sinking fund sufficient to retire said
bonds at maturity; provided that additional bonds may be issued
from time to time in like manner and under the same procedure.
Provided further, however, that the initial issuance of bonds
shall not be for a sum which will require a tax rate in excess of
Fifteen (15) Cents on the one hundred dollars valuation on the
property within said District, nor shall any subsequent issue of
said bonds be authorized the effect of which will be to increase the
tax rate for all outstanding bonds of said District including such
issue to an amount in excess of Fifteen (15) Cents on the one
hundred dollars valuation to pay the interest on said bonds and to
create a sinking fund to retire the same at maturity.
Sec. 6. BOND RECORD. Before any [Harris County Flood
Control] District bonds authorized by this Act shall be sold, a
certified copy of the proceedings for the issuance thereof
including certificates showing the bonded indebtedness of the
District, certificates showing the assessed values of the property
in [of] the District [County], and certificates reflecting any
other information which the Attorney General of the State of Texas
may require, shall be submitted to the Attorney General; and if he
shall approve such bonds, he shall execute a certificate to that
effect, which shall be filed in the office of the Comptroller of
Public Accounts of the State of Texas.
No bonds shall be sold until the same shall have been
registered by the Comptroller who shall so register the same if the
Attorney General shall have filed with the Comptroller of Public
Accounts of the State of Texas his certificate approving the bonds
and the proceedings for the issuance thereof, as hereinabove
provided.
The [County] Treasurer shall keep a record in a well-bound
book of all bonds issued and shall register therein the amount of
bonds issued, the numbers, the denomination, rate of interest, date
due, date of issue, the paying agent, the amount received, and the
purchaser. The said book shall be at all times open to the
inspection of all proper parties, either taxpayers or bondholders
or officials of the State or County.
When such bonds have been registered with the [County]
Treasurer, the Board [Commissioners Court of said County] shall set
a date for the sale of such amount of bonds as may be needed to
procure funds to construct the improvements then contemplated and
pay the expenses incident thereto, and after advertising said bonds
for sale by notice published once a week for two (2) consecutive
weeks, shall sell such bonds upon the best terms and for the best
price obtainable, but none of said bonds shall be sold for less than
the face value thereof and accrued interest thereon to date of
delivery, and the purchase price of such bonds shall be paid to the
[County] Treasurer and shall be by him placed to the credit of the
[Harris County Flood Control] District and said funds shall be
available for the construction of the project and its operation as
voted; provided that the accrued interest and premium received
shall be credited to the interest and sinking fund of the District
[County] for such issue of bonds. No commission shall be paid for
the sale of any bonds.
All bonds approved by the Attorney General, registered by the
Comptroller, and issued and sold in accordance with the proceedings
so approved, shall be valid and binding obligations of the [Harris
County Flood Control] District [of Harris County, Texas,] and shall
be incontestable for any cause from and after the time of such
registration, except for forgery or fraud.
The Board [Commissioners Court] shall have the right to pay
all the necessary expenses incident to the printing, registering,
issuance, sale, and approval of such bonds.
Sec. 7. Form, Issuance, and Eligibility of Bonds. All bonds
issued under the provisions of this Act shall be issued in the name
of the [Harris County Flood Control] District [of Harris County,
Texas], and shall be signed by the presiding officer [County
Judge], attested by the secretary [County Clerk], and the seal of
the District [Commissioners Court of Harris County] shall be
affixed to each of them. Said bonds shall be registered with the
Harris County Treasurer and his Certificate of Registration shall
be endorsed on said bonds. The Board [governing body of the Harris
County Flood Control District], in the issuance of bonds voted by
the qualified taxpaying voters of said District, or in the issuance
of refunding bonds of said District, may issue such bonds in any
denomination it deems beneficial to the said District, as
determined in the order authorizing their issuance. The said bonds
shall bear interest at a rate not to exceed five (5) percentum per
annum, which interest shall be evidenced by attached coupons which
shall bear the facsimile signatures of the presiding officer
[County Judge] and of the secretary [County Clerk]. Said interest
shall be payable annually or semi-annually as determined by the
Board [governing body of the Harris County Flood Control District].
The bonds shall mature serially or otherwise in such number of years
as may be determined by the Board [Commissioners Court] not to
exceed thirty (30) years.
Payment of principal and interest may be made at such places
as may be determined by the Board [governing body of such District]
in the Order authorizing the issuance of such bonds.
All bonds of the [Harris County Flood Control] District shall
be and are hereby declared to be legal and authorized investments
for banks, savings banks, trust companies, building and loan
associations, savings and loan associations, insurance companies,
fiduciaries, trustees and sinking funds of cities, towns and
villages, counties, school districts, or other political
subdivisions of the State of Texas, and for all public funds of the
State of Texas or its agencies, including the State Permanent
School Fund. Such bonds shall be eligible to secure deposit of any
and all public funds of the State of Texas, and any and all public
funds of cities, towns, villages, counties, school districts or
other political subdivisions or corporations of the State of Texas;
and such bonds shall be lawful and sufficient security for said
deposits to the extent of their value, when accompanied by all
unmatured coupons appurtenant thereto.
Sec. 8. State Laws Applicable. All existing State Laws,
General or Special, applicable to contracts and to the receipt and
disbursement of, and accounting for, public funds in the District
[Harris County] are hereby made applicable to the contracts and to
the receipt and disbursement of, and accounting for, any funds
collected and disbursed under the terms of this Act. The provisions
of this Act shall be cumulative of any other laws upon the subject
matter.
Sec. 9. Use of Public Property. In the prosecution of the
flood control plans of the [Harris County Flood Control] District,
the District shall be recognized to have the right to make use of
the bed and banks of the bayous, rivers, and streams lying within
the District, subject to the prior right and authority of the Port
of [Harris County] Houston Authority of Harris County [Ship Channel
Navigation District] over the navigable streams in the Authority
[Navigation District] and the submerged lands heretofore given by
the State of Texas to that Authority [Navigation District].
The [Harris County Flood Control] District shall have a right
of way and easement over and across the roads and highways of the
State and its subdivisions for the construction and maintenance of
the flood control projects of the District, subject, however, to
the concurrence of the Texas Transportation [State Highway]
Commission whenever such projects require the relocation or
bridging of State highways.
The District shall have the power and authority to overflow
or inundate any public lands and public property, and to require the
relocation of roads and highways, in the manner and to the extent
permitted to any district organized under General Laws, pursuant to
Section 59 of Article XVI of the Constitution of this State, as
amended.
Sec. 10. Eminent Domain. The [Harris County Flood Control]
District shall have the right and power of eminent domain for the
purpose of acquiring by condemnation any and all property of any
kind, real, personal, or mixed, or any interest therein, within the
boundaries of the District, necessary or convenient to the exercise
of the rights, powers, privileges, and functions conferred upon it
by this Act, in the manner provided by General Law with respect to
condemnation, or, at the option of the Board [Commissioners Court],
in the manner provided by Statutes relative to condemnation by
districts organized under General Law pursuant to Section 59 of
Article XVI of the Constitution of the State of Texas, as amended.
In condemnation proceedings being prosecuted by said
District, the District shall not be required to give bond for appeal
or bond for costs.
Sec. 11. Taxes. All laws of the State of Texas relating to
the assessing and collecting of State and County Taxes are by this
Act made available for, and shall be applied to, the collection of
both current and delinquent taxes of the [Harris County Flood
Control] District in so far as such laws are applicable.
Sec. 12. Officers. The presiding officer, secretary,
treasurer, and Board of the District [County Judge, County
Commissioners], the Assessor and Collector of Taxes of each county
in the District, [the County Treasurer,] and the District's
depository are authorized to, and shall be required to, perform all
duties in connection with the [Flood Control] District required of
them by law in connection with official matters for [Harris County,
and the County Auditor shall be the Auditor for] the [Harris County
Flood Control] District [and all of the provisions of Articles 1667
through 1673, as amended, Acts of the Forty-third Legislature,
Regular Session, 1933, shall apply to the Harris County Flood
Control District].
Sec. 12-a. Tax Collector's Reports. If at any time after
the enactment of this law, the Legislature of the State of Texas
shall make any donation or grant or diversion or remission of taxes
to or affecting a county in the District [Harris County, Texas,] or
the District [flood control district herein created, in H.B. 24 or
in H.B. 158, Acts Regular Session, Forty-fifth Legislature], at the
end of each month [after the effective date of such Act,] the
Assessor and Collector of Taxes of each county in the District
[Harris County] shall make an itemized report under oath to the
Comptroller of Public Accounts of the State of Texas on forms to be
furnished by the Comptroller showing each and every item of the
State taxes collected by him upon property and from persons within
the District; and he shall accompany the same with an itemized
statement listing all taxes received and showing full disposal of
all such taxes collected. The said Assessor and Collector of Taxes
shall forward his report to the Comptroller, and shall make a like
report to the Treasurer [County Auditor,] and [he shall] pay over to
the [County] Treasurer all moneys collected by him as State taxes so
donated or granted under Legislative authority, less such amounts
as are allowed by law for assessing and collecting same, and shall
remit the balance to the proper authority as required by then
existing laws.
The Board [Commissioners Court], in its discretion, may
utilize the tax funds donated and granted by the State of Texas for
the construction of flood control improvements and other
improvements and purposes authorized by such enactments and the
maintenance or operation thereof; or may deposit the same in a
sinking fund to pay interest on and to redeem bonds of said District
or other obligations issued for such purposes, in the manner
hereinafter provided.
Sec. 12-b. Issuance of Bonds. The District may [County of
Harris, Texas, acting by and through its Commissioners Court, shall
have authority and it is hereby authorized to] issue [its]
negotiable bonds secured by a pledge of [any such] taxes hereafter
donated, granted, diverted or remitted by the State of Texas to [it
or] the [Flood Control] District [created herein by the terms of
H.B. 24 or H.B. 158 of the Regular Session, Forty-fifth
Legislature], and the proceeds of the sale of such bonds may be used
for purchasing lands, easements, right of ways, structures, and for
the construction of improvements, including dams, reservoirs, and
all other works suitable for use in connection with the flood
control program and projects in the District [said County] and the
maintenance and operation thereof, and doing all things necessary
to the execution of the purposes for which the grant and donation is
made; provided, however, that the aggregate amount of bonds to be
issued shall not exceed such sum as the donation and grant of the
State taxes will service so as to pay interest and to create a
sinking fund sufficient to pay said bonds at maturity.
In the event the Board [Commissioners Court of Harris County,
Texas,] shall determine by a majority vote on a Resolution entered
of record, giving the reasons therefor and showing that a necessity
exists for utilizing any tax funds hereafter donated and granted by
the State of Texas for the issuance of bonds in order to facilitate
the construction of improvements and make funds immediately
available, said bonds may be issued in the form and manner
hereinafter prescribed. The bonds so authorized and issued in
accordance with the provisions of this Act need not be issued at one
time. The amount of money necessary to provide a sinking fund to
mature said bonds and to pay the interest thereon shall be set aside
annually from the first of such hereafter donated and granted funds
received from an [the] Assessor and Collector of Taxes and said
funds may not be diverted to any other purpose. The Board [Officers
of the County] and the District's Depository are forbidden to
authorize the payment of any amount from said State taxes hereafter
so donated and granted until there has first been set aside
therefrom an amount sufficient to cover all servicing charges for
the bonds for the year. Thereupon and after the treasurer [Auditor]
has filed a certificate showing the deposit to the interest and
sinking fund of a sufficient amount to cover such servicing charges
for the year, any taxes hereafter donated, granted, diverted or
remitted to [Harris County or] the [Flood Control] District
[created herein by the State of Texas under the terms of H.B. 24 or
H.B. 158, Acts Regular Session, Forty-fifth Legislature,]
collected during the remainder of the year may be utilized for
purposes consistent with this Act. Should the necessity arise, the
Board [Commissioners Court] may supplement from its general funds
any State taxes hereafter donated and granted, but no tax shall ever
be levied or any debt be created against a [the] County in the
District for such purpose without a vote of the people. Any bonds
issued under this Section shall be in accordance with the
provisions of Subdivisions 1 and 2 of Title 22, Revised Civil
Statutes, 1925, and any amendments thereto applicable to bonds
issued by a county.
Sec. 12-c. OPERATION OF TOLL PROJECTS. (a) The District
shall have all the powers and duties of Chapter 284, Transportation
Code, as if the District were a county to which that chapter
applies.
(b) The District and the commissioners court of Harris
County shall enter into an agreement for the independent operation
and transfer of the assets, facilities, and programs of the Harris
County Toll Road Authority to the District.
SECTION 2. Section 1, Chapter 406, Acts of the 50th
Legislature, Regular Session, 1947, is amended to read as follows:
Sec. 1. In eminent domain proceedings brought by the Gulf
Coast Resiliency [Harris County Flood Control] District, the
District shall not be required to give any security for costs at any
stage of the proceedings. In the event that the District should
desire to take possession of the property sought to be condemned, it
may do so at any time after the award of the Special Commissioners
in eminent domain proceedings shall have been filed with the Judge
of the County Court in which the proceedings took place, or County
Court at Law in which the proceedings took place as the case may be,
upon deposit with the County Clerk of the county in which the
proceedings took place of the amount of the award. The District
shall not be required to deposit any further sums, nor to give any
bond for costs. No appeal from the finding and assessment of
damages by the Special Commissioners appointed for that purpose
shall have the effect of causing the suspension of work by the
District in connection with the land condemned or the right of way,
easement or other interest sought to be acquired. The findings of
the District's governing board [Commissioners Court] as to the plan
of the work, the necessity, the location and the type of improvement
shall be final and not subject to review except upon proof of actual
fraud or malfeasance in office.
SECTION 3. Sections 1, 2, and 3, Chapter 407, Acts of the
50th Legislature, Regular Session, 1947, are amended to read as
follows:
Sec. 1. The governing body of the Gulf Coast Resiliency
[Harris County Flood Control] District, (hereinafter called
"Board") may upon the petition of fifty (50) or more resident
qualified voters who own taxable property in the District and who
have rendered it for taxation, order an election for the purpose of
submitting to the resident qualified voters therein who own taxable
property therein and who have duly rendered it for taxation the
question of whether or not the Board shall be authorized to issue
the bonds of said District and to levy a tax for maintenance and
operation purposes; provided that the amount of the tax for bonds
and maintenance together in any one (1) year shall not exceed thirty
cents (30¢) on the One Hundred Dollars ($100) valuation of taxable
property in said District. The petition shall conform as near as
may be to the requirements of law now governing petitions for
election for bonds in such District, and the election shall not be
ordered until notice of hearing be published, and public hearing
had, as now provided by law for the holding of elections for the
issuance of bonds in said District.
Sec. 2. The time, place, manner and method of ordering,
giving notice of and holding the election, the questions and
propositions to be submitted, the form of the ballot, the time and
method of declaring the result and the issuance of the bonds shall
be governed as near as may be by the Statutes governing the holding
of elections and the issuance of [county] bonds as provided in
Chapters 1 and 2 of Title 22, Revised Civil Statutes, 1925[, as
modified by the Statutes creating the Harris County Flood Control
District]. The District may issue its bonds to mature serially or
otherwise not to exceed thirty (30) years after their date. The
governing body may also determine whether or not bonds shall
contain an option of redemption, and if so, the form and date of
such option. If the election be for a maintenance tax, then the
ballot shall have written or printed thereon the words "For the
Flood Control Maintenance Tax" and, "Against the Flood Control
Maintenance Tax," and the voter shall strike out one of said
expressions, leaving the other standing as his vote. When
authorized, the Board may thereafter levy annually a tax sufficient
to operate and maintain works and improvements owned or constructed
by the District, provided the amount of such tax does not exceed the
limit authorized.
Sec. 3. The Board shall have authority to issue refunding
bonds bearing the same or a lower rate of interest to refund any
bonds of the District theretofore issued and outstanding.
Refunding bonds may be issued serially or otherwise for any term of
years not exceeding thirty (30). Statutes governing refunding of
county bonds shall apply to refunding bonds of the [Harris County
Flood Control] District so far as applicable, except where
otherwise expressly provided by the laws relating to said District.
SECTION 4. Section 1, Chapter 258, Acts of the 55th
Legislature, Regular Session, 1957, is amended to read as follows:
Sec. 1. The governing body of the Gulf Coast Resiliency
[Harris County Flood Control] District shall have the right to
provide for and administer a retirement, disability and death
compensation fund for the appointive officers and employees of the
District as the governing body of the District may from time to time
determine; and the governing body of said District shall have power
and authority to adopt such plan or plans to effectuate the purpose
of this Act, including such forms of insurance or annuities,
(either or both), all as may be determined advisable by the
governing body of the District; providing that said governing body
of the District shall have the power and authority from time to
time, after notice to their employees and the hearing thereon, to
change any such plan, rule or regulation.
SECTION 5. Sections 1 and 4, Chapter 118, Acts of the 58th
Legislature, Regular Session, 1963, are amended to read as follows:
Sec. 1. Where the following defined words appear in this
Bill they are used in the manner set out below:
(1) "District" means the Gulf Coast Resiliency [Harris
County Flood Control] District.
(2) "Waterway" shall include any river, creek, bayou,
stream or other waterway, or any part thereof.
(3) "Landowner" means the person owning land affected by a
building setback line.
(4) "Notice by certified mail" means notice addressed to the
landowner at the last known address appearing in the records of the
Assessor and Collector of Taxes in connection with the land in
question, and deposited in the United States mail as certified
mail.
(5) The term "to erect any structure" includes erecting,
reconstructing, or substantially repairing any building or
structure, but "structure" shall not be deemed to include those
necessary or practical for the purpose of preventing erosion of
banks.
Sec. 4. a. After the governing body of the District has
completed such hearings and shall have found that the establishing
of such building setback lines is for the public health, safety and
general welfare of the people within the District, and for the
accomplishment of the purposes of Section 59 of Article XVI of the
Constitution of the State of Texas, as amended, said governing body
shall pass its resolution adopting such building setback lines.
Such resolution shall contain a description of the area included
within such building setback lines by either field notes or by map
or plat or by both, and a certified copy thereof shall be filed for
record immediately with the County Clerk of the affected county [of
Harris County].
b. Thereafter the governing body of the District may, upon
public hearing with like notice thereof, amend, supplement, grant
exceptions thereto, or alter the building setback lines so
established as may be determined necessary under the same standards
as provided in "a" above.
SECTION 6. Sections 1, 2, 3, and 4, Chapter 394, Acts of the
59th Legislature, Regular Session, 1965, are amended to read as
follows:
Sec. 1. For the purpose of promoting the public health,
safety and general welfare, and accomplishing the purposes of
Section 59 of Article XVI of the Constitution of the State of Texas,
as amended, the governing body of the Gulf Coast Resiliency [Harris
County Flood Control] District is hereby authorized to designate
areas within the boundaries of the [Harris County Flood Control]
District as flood hazard areas.
Sec. 2. Whenever the governing body of the [Harris County
Flood Control] District deems that the public health, safety and
general welfare, and the purposes of Section 59 of Article XVI of
the Constitution of the State of Texas, as amended, will be promoted
thereby, it shall, by resolution, designate flood hazard areas.
Such resolution or resolutions shall contain a description of the
area included within such flood hazard areas by either field notes
or by map or by both. The governing body of the [Harris County Flood
Control] District is further authorized to change and amend by
resolution the designation of such flood hazard areas thereafter as
in its discretion it may determine necessary.
Sec. 3. Before passing any resolution designating flood
hazard areas within the boundaries of the [Harris County Flood
Control] District, the governing body of the [Harris County Flood
Control] District shall hold at least one public hearing related
thereto after having given at least fifteen (15) days' notice of the
time and place of such hearing by the publication thereof in the
English language in a daily newspaper published within and having
general circulation within the [Harris County Flood Control]
District, such publication being at least fifteen (15) days prior
to the date of the hearing. Any hearing so set by the governing body
of the [Harris County Flood Control] District may be continued from
time to time until within the discretion of said governing body all
interested persons shall have had an opportunity to be heard. After
the governing body of the [Harris County Flood Control] District
has heard all interested persons and shall have found that the
designation of such flood hazard areas is for the public health,
safety and general welfare of the [Harris County Flood Control]
District, and for the accomplishment of the purposes of Section 59
of Article XVI of the Constitution of the State of Texas, as
amended, said governing body shall pass its resolution designating
such flood hazard areas. Thereafter the governing body of the
[Harris County Flood Control] District may, upon public hearing
with like notice thereof, change and amend the designated flood
hazard areas so established as in its discretion it may determine
necessary.
Sec. 4. Upon written request by any person, the [Harris
County Flood Control] District will prepare and furnish to said
person a report as to whether or not a particular lot or tract of
land, or any part thereof, lies within a designated flood hazard
area. The governing body of the [Harris County Flood Control]
District may charge a reasonable fee for such reports. The amount of
such fee, if any, shall be fixed by a resolution of the governing
body of the [Harris County Flood Control] District. The governing
body of the [Harris County Flood Control] District is further
authorized to change, by resolution, the amount of such fee
thereafter as in its discretion it may determine proper.
SECTION 7. Section 1, Chapter 409, Acts of the 73rd
Legislature, Regular Session, 1993, is amended to read as follows:
Sec. 1. RECREATIONAL AND ENVIRONMENTAL IMPROVEMENTS. (a)
The Gulf Coast Resiliency [Harris County Flood Control] District,
in connection with flood control facilities and projects, may
provide for or participate in the development, operation, or
maintenance of:
(1) linear parks along drainage courses maintained and
operated by the district;
(2) hike and bike trails;
(3) nonenclosed recreational facilities, including
game fields and playgrounds; and
(4) other environmental improvements, including
public or private nature reserves or wildlife habitat restoration
and improvement projects.
(b) In order to carry out the purposes of Subsection (a) of
this section, the district may execute contracts or enter into
cooperative agreements with:
(1) the federal government, a federal agency, or a
federally sponsored organization;
(2) the state, a state agency, a political subdivision
of the state, or any unit of local government;
(3) a nonprofit corporation or foundation;
(4) a private individual or corporation; or
(5) a public service organization or neighborhood
association.
(c) The district may use property, rights-of-way,
easements, or other land owned or managed by or otherwise available
to the district for the purposes of Subsection (a) of this section.
(d) The use by the district of any property owned or managed
by or otherwise available to the district for the purposes of
Subsection (a) of this section is determined to be consistent with
the use of that property for flood control purposes if the
improvements do not significantly impede the flow of floodwaters or
reduce the carrying capacity of the drainage facilities of the
district.
(e) The district shall exercise its powers and use its
property under this section:
(1) in an environmentally sensitive and aesthetically
pleasing manner that promotes public health, safety, and welfare;
(2) in compliance with all state and federal
requirements, including requirements imposed by law, by rule or
regulation, by grant conditions, or by program standards; and
(3) in a manner that qualifies for any reasonably
available source of funding for the improvements to be made.
(f) The district may spend its own funds for the purposes of
this section. The capital cost to the district of parks, trails,
facilities, and improvements under this section may not exceed five
percent of the total cost of the flood control facilities and
projects with which the improvements are associated. This section
does not limit the expenditure of funds from sources other than
taxes collected by the district.
(g) The exercise of powers, expenditure of funds, and use of
property by the district under this section are subject to the
control and discretion of the governing body of the district
[commissioners court].
SECTION 8. Section 1, Chapter 410, Acts of the 73rd
Legislature, Regular Session, 1993, is amended to read as follows:
Sec. 1. (a) The Gulf Coast Resiliency [Harris County Flood
Control] District may engage in wetlands mitigation projects and
programs as provided by Article 6, Chapter 3, Acts of the 72nd
Legislature, 1st Called Session, 1991 (Article 5421u, Vernon's
Texas Civil Statutes), and its subsequent amendments.
(b) The [Harris County Flood Control] District may provide
for or participate in the development, operation, or maintenance of
local, state, or federal storm water quality control and
improvement programs.
SECTION 9. The following provisions are repealed:
(1) Section 3A, Chapter 360, Acts of the 45th
Legislature, Regular Session, 1937; and
(2) Chapter 196, Acts of the 51st Legislature, Regular
Session, 1949.
SECTION 10. (a) As soon as practicable after the effective
date of this Act, the governor shall appoint members to the
governing body the Gulf Coast Resiliency District as required under
Section 1C, Chapter 360, Acts of the 45th Legislature, Regular
Session, 1937, as added by this Act.
(b) At the first meeting of the governing body of the Gulf
Coast Resiliency District that follows the effective date of this
Act, the five directors appointed by the governor shall draw lots to
determine which two directors will serve terms that expire on
January 1, 2025, and which three directors will serve terms that
expire on January 1, 2027.
(c) A member of the governing body of the Gulf Coast
Resiliency District serving on the effective date of this Act shall
continue in office until the member's successor is appointed and
qualifies for office.
SECTION 11. (a) In this section:
(1) "District" means the Gulf Coast Resiliency
District.
(2) "Authority" means the Harris County Toll Road
Authority.
(b) As soon as practicable after the effective date of this
Act, the district and the commissioners court of Harris County
shall enter into an agreement for the independent operation and
transfer of the assets, facilities, and programs of the authority
to the district as required by Section 12-c, Chapter 360, Acts of
the 45th Legislature, Regular Session, 1937, as added by this Act.
(c) An agreement described by Subsection (b) of this section
must:
(1) require that the transfer be completed not later
than 180 days after the agreement is entered into;
(2) require that Harris County transfer to the
district all electronic toll collection customer account
information necessary for the operation of the programs of the
authority subject to the agreement;
(3) require that not later than 90 days before the
completion of the transfer, notice of the transfer be provided to
all electronic toll collection customers affected by Subdivision
(2) of this subsection;
(4) ensure that contracts of the authority are not
impaired;
(5) provide for the disposition of any outstanding
bonds, debts, or other obligations of the authority; and
(6) include any other matter the authority and the
district determine necessary for the transfer required by Section
12-c, Chapter 360, Acts of the 45th Legislature, Regular Session,
1937, as added by this Act.
SECTION 12. The Gulf Coast Resiliency District retains all
rights, powers, privileges, authority, duties, and functions that
it had before the effective date of this Act.
SECTION 13. (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 14. 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, 2023.