83R21085 AED-F
By: Toth H.B. No. 3891
Substitute the following for H.B. No. 3891:
By: Martinez Fischer C.S.H.B. No. 3891
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Montgomery County Water
Control and Improvement District No. 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 9040, Special District
Local Laws Code, is amended by adding Section 9040.105 to read as
follows:
Sec. 9040.105. POWERS AND DUTIES RELATED TO FILL PROJECTS.
(a) The district has the powers and duties provided by the general
law of this state, including Chapters 49 and 57, Water Code,
applicable to levee improvement districts created under Section 59,
Article XVI, Texas Constitution.
(b) The district may:
(1) reclaim land in the district; and
(2) construct works, facilities, and improvements
necessary to accomplish that purpose.
(c) The district may finance and contract for the
construction of a fill project or for the acquisition of land for a
fill project in the district, including drainage and reclamation.
(d) For the district's exercise of a power of or performance
of a duty of a levee improvement district as provided by Subsection
(c), the Texas Commission on Environmental Quality shall consider
the district to be a levee improvement district.
(e) For any fill or levee project located in the district
and in the watershed of the San Jacinto River Basin, the district
shall obtain approval for the plan from any state or federal agency
with jurisdiction to permit a project of the same type and from any
municipality with a right to divert state water from a point located
between the district and Lake Houston.
SECTION 2. (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 3. 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, 2013.