86R11789 SLB-D
By: Harless H.B. No. 3782
A BILL TO BE ENTITLED
AN ACT
relating to the right to remove property encroaching on areas owned
or controlled by the Harris County Flood Control District.
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 adding Section 2A to read as
follows:
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
may bring a cause of action against the owner of the property to
recover the cost of removing the property.
(c) In a suit brought by a property owner regarding the
removal of property under this section, a court may deny a request
for temporary injunctive relief against the district and may issue
injunctive relief allowing the district to remove the property if
the district shows a substantial likelihood of success on the
merits.
SECTION 2. This Act takes effect September 1, 2019.