Texas 2013 - 83rd Regular

Texas House Bill HB3891 Compare Versions

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Old	New	Differences
1	1	83R21085 AED-F
2	2	By: Toth H.B. No. 3891
3	3	Substitute the following for H.B. No. 3891:
4	4	By: Martinez Fischer C.S.H.B. No. 3891
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the powers and duties of the Montgomery County Water
10	10	Control and Improvement District No. 3.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 9040, Special District
13	13	Local Laws Code, is amended by adding Section 9040.105 to read as
14	14	follows:
15	15	Sec. 9040.105. POWERS AND DUTIES RELATED TO FILL PROJECTS.
16	16	(a) The district has the powers and duties provided by the general
17	17	law of this state, including Chapters 49 and 57, Water Code,
18	18	applicable to levee improvement districts created under Section 59,
19	19	Article XVI, Texas Constitution.
20	20	(b) The district may:
21	21	(1) reclaim land in the district; and
22	22	(2) construct works, facilities, and improvements
23	23	necessary to accomplish that purpose.
24	24	(c) The district may finance and contract for the
25	25	construction of a fill project or for the acquisition of land for a
26	26	fill project in the district, including drainage and reclamation.
27	27	(d) For the district's exercise of a power of or performance
28	28	of a duty of a levee improvement district as provided by Subsection
29	29	(c), the Texas Commission on Environmental Quality shall consider
30	30	the district to be a levee improvement district.
31	31	(e) For any fill or levee project located in the district
32	32	and in the watershed of the San Jacinto River Basin, the district
33	33	shall obtain approval for the plan from any state or federal agency
34	34	with jurisdiction to permit a project of the same type and from any
35	35	municipality with a right to divert state water from a point located
36	36	between the district and Lake Houston.
37	37	SECTION 2. (a) The legal notice of the intention to
38	38	introduce this Act, setting forth the general substance of this
39	39	Act, has been published as provided by law, and the notice and a
40	40	copy of this Act have been furnished to all persons, agencies,
41	41	officials, or entities to which they are required to be furnished
42	42	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
43	43	Government Code.
44	44	(b) The governor, one of the required recipients, has
45	45	submitted the notice and Act to the Texas Commission on
46	46	Environmental Quality.
47	47	(c) The Texas Commission on Environmental Quality has filed
48	48	its recommendations relating to this Act with the governor, the
49	49	lieutenant governor, and the speaker of the house of
50	50	representatives within the required time.
51	51	(d) All requirements of the constitution and laws of this
52	52	state and the rules and procedures of the legislature with respect
53	53	to the notice, introduction, and passage of this Act are fulfilled
54	54	and accomplished.
55	55	SECTION 3. This Act takes effect immediately if it receives
56	56	a vote of two-thirds of all the members elected to each house, as
57	57	provided by Section 39, Article III, Texas Constitution. If this
58	58	Act does not receive the vote necessary for immediate effect, this
59	59	Act takes effect September 1, 2013.