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Texas House Bill HB4424

Texas 2019 - 86th Regular

Texas House Bill HB4424 Compare Versions

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11 86R107 GRM-D
22 By: Thompson of Brazoria H.B. No. 4424
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Clear Creek Watershed Regional
88 Flood Control District; granting a limited power of eminent domain;
99 providing authority to issue bonds; providing authority to impose
1010 assessments, fees, and taxes; providing a civil penalty.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle E, Title 6, Special District Local Laws
1313 Code, is amended by adding Chapter 7813 to read as follows:
1414 CHAPTER 7813. CLEAR CREEK WATERSHED REGIONAL FLOOD CONTROL DISTRICT
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 7813.0101. DEFINITIONS. In this chapter:
1717 (1) "Board" means the board of directors of the
1818 district.
1919 (2) "Director" means a member of the board.
2020 (3) "District" means the Clear Creek Watershed
2121 Regional Flood Control District.
2222 Sec. 7813.0102. NATURE OF DISTRICT. (a) The district is a
2323 conservation and reclamation district and flood control district as
2424 provided by this chapter.
2525 (b) The creation of the district is essential to accomplish
2626 the purposes of Section 59, Article XVI, Texas Constitution.
2727 Sec. 7813.0103. INITIAL DISTRICT TERRITORY. (a) The
2828 district is initially composed of the territory described by
2929 Section 2 of the Act enacting this chapter.
3030 (b) The boundaries and field notes contained in Section 2 of
3131 the Act enacting this chapter form a closure. A mistake made in the
3232 field notes or in copying the field notes in the legislative process
3333 does not affect the district's:
3434 (1) organization, existence, or validity;
3535 (2) right to issue any type of bond for the purposes
3636 for which the district is created or to pay the principal of and
3737 interest on a bond;
3838 (3) right to impose a tax; or
3939 (4) legality or operation.
4040 Sec. 7813.0104. CONFLICTS OF LAW. This chapter prevails
4141 over any provision of general law, including a provision of Chapter
4242 56 or 57, Water Code, that is in conflict or is inconsistent with
4343 this chapter.
4444 SUBCHAPTER A-1. TEMPORARY PROVISIONS
4545 Sec. 7813.0121. TEMPORARY DIRECTORS. As soon as
4646 practicable after the effective date of the Act enacting this
4747 chapter, the temporary directors of the district shall be appointed
4848 as follows:
4949 (1) the commissioners courts of Brazoria and Harris
5050 Counties shall each appoint one director to serve a term that
5151 expires September 30, 2021; and
5252 (2) the commissioners courts of Fort Bend, Galveston,
5353 and Harris Counties shall each appoint one director to serve a term
5454 that expires September 30, 2023.
5555 Sec. 7813.0122. CONFIRMATION ELECTION REQUIRED. The
5656 temporary directors shall hold an election to confirm the creation
5757 of the district as provided by Section 49.102, Water Code.
5858 Sec. 7813.0123. EXPIRATION. This subchapter expires
5959 December 31, 2024.
6060 SUBCHAPTER B. BOARD OF DIRECTORS
6161 Sec. 7813.0201. GOVERNING BODY; TERMS. (a) The district is
6262 governed by a board of five appointed directors.
6363 (b) Except as provided by Section 7813.0121, directors
6464 serve staggered four-year terms.
6565 Sec. 7813.0202. APPOINTMENT OF DIRECTORS; VACANCY. (a)
6666 The directors are appointed as follows:
6767 (1) one director appointed by the commissioners court
6868 of Brazoria County;
6969 (2) one director appointed by the commissioners court
7070 of Fort Bend County;
7171 (3) one director appointed by the commissioners court
7272 of Galveston County; and
7373 (4) two directors appointed by the commissioners court
7474 of Harris County.
7575 (b) On the expiration of a director's term, the
7676 commissioners court that appointed the director shall appoint a
7777 successor.
7878 (c) If a vacancy occurs during a director's term, the
7979 commissioners court that appointed the director shall appoint a
8080 person to serve as director for the remainder of the term.
8181 Sec. 7813.0203. COMPENSATION OF DIRECTORS. (a)
8282 Notwithstanding Section 49.060, Water Code, a director is not
8383 entitled to receive compensation for service on the board.
8484 (b) A director may be reimbursed for actual district travel
8585 expenses.
8686 Sec. 7813.0204. GENERAL MANAGER BOND. (a) The general
8787 manager of the district shall execute a bond that is:
8888 (1) in an amount set by the board;
8989 (2) payable to the district; and
9090 (3) conditioned on the general manager's faithful
9191 performance of the general manager's duties.
9292 (b) The district shall pay for the bond described by
9393 Subsection (a).
9494 Sec. 7813.0205. DISTRICT ENGINEER. (a) The board shall
9595 appoint a professional civil engineer as the district engineer.
9696 (b) The district engineer shall execute a bond that is:
9797 (1) in an amount set by the board;
9898 (2) payable to the district; and
9999 (3) conditioned on the faithful performance of the
100100 district engineer's duties.
101101 (c) The district shall pay for the bond described by
102102 Subsection (b).
103103 (d) The board shall determine the compensation and terms of
104104 employment for the district engineer.
105105 Sec. 7813.0206. BOND FOR EMPLOYEE RESPONSIBLE FOR MONEY.
106106 (a) The board shall require an employee who collects, pays, or
107107 handles district money to provide a good and sufficient bond that
108108 is:
109109 (1) in an amount sufficient to safeguard the district;
110110 (2) payable to the district; and
111111 (3) conditioned on:
112112 (A) the faithful performance of the employee's
113113 duties; and
114114 (B) accounting for all district money and
115115 property under the employee's control.
116116 (b) The district shall pay for the bond described by
117117 Subsection (a).
118118 SUBCHAPTER C. POWERS AND DUTIES
119119 Sec. 7813.0301. FLOOD CONTROL DISTRICT POWERS AND DUTIES.
120120 The district may exercise the rights, powers, privileges, and
121121 functions provided by Section 59, Article XVI, Texas Constitution,
122122 Chapters 49, 56, and 57, Water Code, and this chapter.
123123 Sec. 7813.0302. LOCAL COOPERATION. The district shall
124124 cooperate with other political subdivisions in order to provide
125125 uniform flood prevention programs and planning.
126126 Sec. 7813.0303. FLOOD CONTROL AND DRAINAGE PLAN. (a) The
127127 district shall develop a flood control and drainage plan for all
128128 land in the district, including the main channel and all
129129 tributaries of Clear Creek.
130130 (b) The board shall direct the district engineer to prepare
131131 a flood control and drainage plan that provides for:
132132 (1) control and abatement of flood water and other
133133 excess water; and
134134 (2) reclamation and drainage of land in the district.
135135 (c) The district engineer shall file the completed plan with
136136 the board and the commissioners court of each county that appoints a
137137 director.
138138 (d) In preparing the plan, the district engineer may:
139139 (1) exercise the powers and shall exercise the duties
140140 provided by Sections 56.022 and 56.023, Water Code; and
141141 (2) consider and use all or part of any previously
142142 prepared flood control and drainage plan that covers any area in the
143143 district.
144144 Sec. 7813.0304. FLOOD CONTROL AND DRAINAGE PLAN; NOTICE AND
145145 HEARING. (a) On receipt of the completed flood control and
146146 drainage plan, the board shall schedule a public hearing to
147147 consider adoption of the plan. The board must publish notice of the
148148 hearing at least once in a newspaper with general circulation in the
149149 district not later than the 30th day before the date of the hearing.
150150 (b) At the hearing, any person who resides or owns property
151151 in the district or a political subdivision located wholly or partly
152152 in the district may appear before the board and comment for or
153153 against all or part of the plan.
154154 Sec. 7813.0305. FLOOD CONTROL AND DRAINAGE PLAN; ADOPTION.
155155 (a) After holding the public hearing required by Section 7813.0304,
156156 the board shall issue its findings and decision.
157157 (b) If the board finds that the flood control and drainage
158158 plan requires changes before it can be adopted, the board shall
159159 direct the district engineer to make the necessary changes. The
160160 district engineer shall make the changes and resubmit the plan to
161161 the board.
162162 (c) Without further public hearing, the board may continue
163163 to direct the district engineer to make changes to the plan until
164164 the board finds the plan acceptable for adoption.
165165 (d) If the board finds the plan acceptable for adoption, the
166166 board shall submit the plan to the commissioners court of each
167167 county that appoints a director. The commissioners courts may
168168 consider the plan and recommend changes to the plan.
169169 (e) If the board and commissioners courts cannot agree on
170170 changes to the plan, the board shall submit the provisions in the
171171 plan that are in dispute to the district engineer for resolution of
172172 the dispute.
173173 (f) Not earlier than the 30th day after the date the plan is
174174 submitted to the commissioners courts, the board shall adopt the
175175 plan as revised to reflect all necessary changes.
176176 Sec. 7813.0306. FLOOD CONTROL AND DRAINAGE PLAN;
177177 AMENDMENTS. After adopting the flood control and drainage plan,
178178 the board may amend the flood control and drainage plan as necessary
179179 to accomplish the purpose stated in Section 7813.0303.
180180 Sec. 7813.0307. FLOOD CONTROL AND DRAINAGE PLAN;
181181 IMPLEMENTATION. (a) In accordance with the flood control and
182182 drainage plan, the district shall:
183183 (1) construct improvements on the main channel of
184184 Clear Creek that will lessen and control flooding;
185185 (2) prevent or remove deposits of silt and remove
186186 natural or artificial obstructions from the main channel of Clear
187187 Creek;
188188 (3) conduct flood-control-related maintenance on the
189189 main channel of Clear Creek; and
190190 (4) approve and coordinate all flood control
191191 improvements and maintenance located in the district.
192192 (b) Under a written agreement with a political subdivision
193193 that is subject to the flood control and drainage plan, the district
194194 may construct improvements on any watercourse or land in the
195195 district to:
196196 (1) lessen and control flooding;
197197 (2) prevent or remove deposits of silt and remove
198198 natural or artificial obstructions from any watercourse; or
199199 (3) conduct flood-control-related maintenance on any
200200 watercourse.
201201 Sec. 7813.0308. CONSTRUCTION OF IMPROVEMENTS. (a) The
202202 district may only construct improvements compatible with the flood
203203 control and drainage plan.
204204 (b) Only the district may construct improvements or perform
205205 maintenance on the main channel of Clear Creek. The district may
206206 contract for the construction and maintenance of improvements to
207207 the main channel of Clear Creek. The district is responsible for
208208 assuring that all construction and maintenance is done in
209209 conformance with the flood control and drainage plan.
210210 (c) Other political subdivisions than the district may
211211 construct improvements and perform maintenance on lands draining
212212 into Clear Creek or its tributaries, including detention
213213 structures, and channels other than the main channel of Clear
214214 Creek. The district may construct improvements and perform
215215 maintenance under this subsection under an agreement with the
216216 applicable political subdivision.
217217 Sec. 7813.0309. PERMIT REQUIRED FOR ACTIVITY AFFECTING
218218 FLOOD CONTROL OR DRAINAGE. (a) Except as provided by Subsection
219219 (b), a person may not engage in an activity that will affect flood
220220 control or drainage in the district without obtaining a permit from
221221 the board.
222222 (b) After notice and hearing, the board may adopt a rule or
223223 issue an order that exempts a specified activity from obtaining a
224224 permit under this section. The board may exempt an activity only if
225225 the board, after consultation with the district engineer, finds
226226 that the activity will have at most a minimal effect on flood
227227 control and drainage.
228228 Sec. 7813.0310. NOTICE OF ACTIVITIES AFFECTING FLOOD
229229 CONTROL OR DRAINAGE. (a) A person that plans to engage in an
230230 activity that will affect flood control or drainage in the district
231231 shall submit written notice to the board of the intent to engage in
232232 the activity, accompanied by plans, specifications, and other
233233 information relating to the activity.
234234 (b) A person shall submit the notice and other information
235235 required by Subsection (a) in the form and time period provided by
236236 board rules.
237237 Sec. 7813.0311. CONSIDERATION OF ACTIVITY BY DISTRICT
238238 ENGINEER. (a) On receiving notice of a proposed activity under
239239 Section 7813.0310, the board shall submit the notice and other
240240 information to the district engineer for consideration.
241241 (b) The district engineer shall examine the notice and other
242242 information to determine:
243243 (1) the effect of the proposed activity on flood
244244 control and drainage in the district; and
245245 (2) whether the proposed activity is compatible with
246246 the flood control and drainage plan.
247247 (c) The district engineer shall consult with the person
248248 submitting the notice and information and suggest changes in the
249249 proposed plans and specifications for the activity necessary to
250250 make the activity compatible with the flood control and drainage
251251 plan.
252252 (d) If the district engineer and the person proposing an
253253 activity agree to plans and specifications for the activity that
254254 are compatible with the flood control and drainage plan as
255255 determined by the district engineer, the district engineer shall
256256 recommend that the board issue a permit authorizing the activity.
257257 If the district engineer and the person proposing an activity
258258 cannot agree, the district engineer shall recommend that the board
259259 decline to issue a permit authorizing the activity. The district
260260 engineer's recommendation shall be included in a brief written
261261 report to the board stating the district engineer's reasons for the
262262 recommendation.
263263 Sec. 7813.0312. BOARD CONSIDERATION AND ACTION. (a) On
264264 receiving the district engineer's report under Section
265265 7813.0311(d), the board may issue a permit without giving notice or
266266 holding a public hearing to consider the issuance.
267267 (b) After consideration of the district engineer's report,
268268 the board may deny issuance of a permit only if the board gives
269269 notice and holds a public hearing in accordance with the district's
270270 rules to consider the issuance of the permit. After conducting the
271271 hearing, the board shall issue a written decision granting or
272272 denying the permit or granting the permit subject to specific
273273 requirements. The decision must state the findings of the board in
274274 making the decision.
275275 Sec. 7813.0313. OBSTRUCTIONS AND STRUCTURES. (a) A person
276276 may not place an obstruction or construct or alter a structure that
277277 affects flood control or drainage on land in the district if the
278278 obstruction or structure is not compatible with the flood control
279279 and drainage plan and the district has not issued a permit for the
280280 activity.
281281 (b) After notice and hearing, the board may issue an order
282282 directing a person to remove or make changes to an obstruction or
283283 structure constructed after adoption of the flood control and
284284 drainage plan as necessary to comply with the plan.
285285 Sec. 7813.0314. INJUNCTIVE RELIEF. If a person engages in
286286 an activity that will affect flood control or drainage in the
287287 district without a permit or places an obstruction or constructs or
288288 alters a structure in violation of an order issued by the board
289289 under Section 7813.0313, the board may sue in a district court in
290290 any county in which the activity is occurring or an obstruction is
291291 built for injunctive relief to restrain the person from continuing
292292 the violation or to require the person to remove an obstruction or
293293 structure.
294294 Sec. 7813.0315. CIVIL PENALTY. (a) A person who violates
295295 Section 7813.0309 or 7813.0313 or any order issued by the board
296296 under Section 7813.0309 or 7813.0313 is subject to a civil penalty
297297 of not less than $100 or more than $1,000 for each violation or each
298298 day of a continuing violation.
299299 (b) If a suit is filed under this section to recover a civil
300300 penalty, the court may include in any final judgment in favor of the
301301 district an award to cover court costs and reasonable attorney's
302302 fees.
303303 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
304304 Sec. 7813.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
305305 The district may issue, without an election, bonds and other
306306 obligations secured by revenue other than ad valorem taxes.
307307 (b) The district must hold an election in the manner
308308 provided by Chapters 49 and 57, Water Code, to obtain voter approval
309309 before the district may impose an ad valorem tax or issue bonds
310310 payable from ad valorem taxes.
311311 Sec. 7813.0402. OPERATION AND MAINTENANCE TAX. (a) If
312312 authorized at an election held under Section 7813.0401, the
313313 district may impose an operation and maintenance tax on taxable
314314 property in the district in accordance with Section 49.107, Water
315315 Code.
316316 (b) The board shall determine the tax rate. The rate may not
317317 exceed the rate approved at the election.
318318 Sec. 7813.0403. BUDGET. (a) The board shall adopt an
319319 annual budget containing a complete financial statement of the
320320 district.
321321 (b) The board shall conduct a public hearing on the proposed
322322 budget on a date set by the board after August 15 and before the
323323 imposition of district taxes. The board shall give public notice of
324324 the hearing by publication in a newspaper of general circulation in
325325 the district at least 15 days before the date of the hearing.
326326 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
327327 Sec. 7813.0501. AUTHORITY TO ISSUE BONDS AND OTHER
328328 OBLIGATIONS. The district may issue bonds or other obligations
329329 payable wholly or partly from ad valorem taxes, impact fees,
330330 revenue, contract payments, grants, or other district money, or any
331331 combination of those sources, to pay for any authorized district
332332 purpose.
333333 Sec. 7813.0502. TAXES FOR BONDS. At the time the district
334334 issues bonds payable wholly or partly from ad valorem taxes, the
335335 board shall provide for the annual imposition of a continuing
336336 direct ad valorem tax, without limit as to rate or amount, while all
337337 or part of the bonds are outstanding as required and in the manner
338338 provided by Sections 57.251 and 57.259, Water Code.
339339 Sec. 7813.0503. AD VALOREM BONDS FOR IMPROVEMENTS. The
340340 district may issue bonds under this chapter supported by ad valorem
341341 taxes on property in the district to finance up to one-half of the
342342 cost of construction under Section 7813.0307 if the district finds
343343 that the project will not be constructed without the use of the ad
344344 valorem taxes.
345345 Sec. 7813.0504. JOINT PROJECTS BONDS. (a) The district may
346346 issue bonds secured by revenues arising from a contract with a
347347 political subdivision located wholly or partly in the district for
348348 the construction of an improvement identified in the flood control
349349 and drainage plan. The district shall provide the proceeds from the
350350 bonds to the local political subdivision for the construction of
351351 the improvement, or, if the contract with the political subdivision
352352 requires the district to construct the improvements, the district
353353 shall use the proceeds for the required construction. Bonds issued
354354 under this section are subject to Subchapter F, Chapter 49, Water
355355 Code, except that any provision associated with the imposition of
356356 an ad valorem tax does not apply.
357357 (b) A political subdivision located wholly or partly in the
358358 district may enter into any contract with the district. The
359359 political subdivision may pledge to the payment of the contract any
360360 source of revenue available to the political subdivision, including
361361 the imposition of ad valorem taxes, if the political subdivision
362362 has the authority to impose those taxes. To the extent a political
363363 subdivision pledges money to be derived from any of its own systems,
364364 the payments constitute an operating expense of that system.
365365 (c) The district may issue bonds supported by revenues under
366366 this section to finance all or part of the cost of construction of
367367 improvements under the flood control and drainage plan implemented
368368 under Subchapter C.
369369 SECTION 2. The Clear Creek Watershed Regional Flood Control
370370 District initially includes all the territory contained in the
371371 following area:
372372 The district is composed of Brazoria County tracts 0601.10,
373373 0601.20, 0602.12, 0602.22, and 0602.32; and that part of Brazoria
374374 County tract 0602.11 included in block group 1 and blocks 201A,
375375 201B, 202A, 202B, 202C, 206B, 301A, and 301B; and that part of
376376 Brazoria County tract 0602.21 included in blocks 101, 102, 103,
377377 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112A, 112B, 113A,
378378 113B, 114, 115, 116, 117, 118, 119, 120, 301A, 301B, 302B, 303B,
379379 304, 305A, 305B, 306A, 306B, 307A, 307B, 308, 309, 310A, 310B, and
380380 311; and that part of Brazoria County tract 0603.10 included in
381381 blocks 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 308A,
382382 308C, 312, 317, 318A, 318B, 319, 320, 321, 322, and 326A; and that
383383 part of Fort Bend County tract 0701.15 included in blocks 607A,
384384 607B, 614, 615, 616A, and 616B; and that part of Fort Bend County
385385 tract 0701.25 included in blocks 101, 102, 103A, 103C, 105, 122,
386386 123, 201, 202, 203, 204, and 205; Galveston County tracts 1201.01,
387387 1201.02, 1205, 1206.10, and 1206.20; and that part of Galveston
388388 County tract 1202 included in block groups 1, 2, 5, and blocks 301,
389389 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313,
390390 314, 315, 316A, 316B, 316C, 319, 401, 402, 403, 404, 405, 406, 407,
391391 408, 409, 410, 411, 412, 413, 414, and 415; and that part of
392392 Galveston County tract 1203 included in block groups 1, 2, 3, 5, and
393393 blocks 401, 402, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413,
394394 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426,
395395 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439,
396396 440, 601, and 602; and that part of Galveston County tract 1204
397397 included in block groups 1 and 2 and blocks 304, and 307; and that
398398 part of Galveston County tract 1207 included in block groups 1, 3,
399399 4, 5, and blocks 201A, 201B, 201E, 202, 203, 204A, and 204B; and
400400 that part of Galveston County tract 1208 included in block 407A; and
401401 that part of Galveston County tract 1209 included in blocks 101,
402402 102, 103, 104, 105, 106, 107, 112, 113, 114, 115, 116, 117, 118,
403403 123, 124, 125, 126, 130, and 131; Harris County tracts 0337, 0341,
404404 0345.02, 0366.41, 0371.02, 0371.11, 0371.21, 0372, 0373.04, 0374,
405405 and 0375; and that part of Harris County tract 0336 included in
406406 blocks 403B, 408, 409, 410, 411, and 412; and that part of Harris
407407 County tract 0338 included in blocks 401 and 413; and that part of
408408 Harris County tract 0340 included in blocks 604, 605, 606, 607, 608,
409409 and 609; and that part of Harris County tract 0342 included in
410410 blocks 113, 126, 128, 129, 130, 131, 132, and 133; and that part of
411411 Harris County tract 0344 included in block 426; and that part of
412412 Harris County tract 0345.01 included in block groups 4, 5, 6, and
413413 blocks 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314,
414414 315, 316, 317, 318, 319, and 320; and that part of Harris County
415415 tract 0346 included in blocks 204, 209, 210, 212, and 304; and that
416416 part of Harris County tract 0347.03 included in block 202; and that
417417 part of Harris County tract 0363 included in blocks 119, 120, 121,
418418 301, and 331; and that part of Harris County tract 0366.02 included
419419 in blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111,
420420 112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 120C, 123, 124,
421421 125, 126, 199A, 201, 202, 203, 204, 210, 212, 213, 214, 215, 216,
422422 217A, 217B, 301, 302, 303, 304, 305, and 307; and that part of
423423 Harris County tract 0366.21 included in blocks 302A, 302B, and 303;
424424 and that part of Harris County tract 0366.31 included in blocks 901,
425425 902, 903, 904A, 904B, 904C, 904D, 904E, 905A, 905B, 905C, 905D,
426426 905E, 905F, 909, 910, 911A, 911B, 911C, 912A, 912B, 912C, 912D,
427427 913A, 913B, 914, 915, 916, 917, 999A, and 999B; and that part of
428428 Harris County tract 0367 included in blocks 103A, 103B, 103C, 103D,
429429 129A, 129C, 130A, 130C, 131A, 131B, 131C, 132, 133, 199A, 199C, and
430430 199D; and that part of Harris County tract 0368.01 included in block
431431 groups 5, 6, 7, 8, and blocks 402A, 402B, 402C, 402D, 402E, 403,
432432 404, 499A, 499B, 499C, 499D, and 499E; and that part of Harris
433433 County tract 0368.02 included in blocks 109, 113, 115, 202, 203,
434434 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 305, 308, 309,
435435 312, 315, 316, 319, 320, 323, 324, 325, 326, 327, 328, 329, 330,
436436 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343,
437437 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 358,
438438 359, 364, 365, and 399; and that part of Harris County tract 0369
439439 included in block group 1 and blocks 201, 202, 203, 204, 205, 206,
440440 207A, 207C, 209, 212, 299, 301A, 301B, 301C, 301D, 304A, 306, 309,
441441 310, 399A, and 399B; and that part of Harris County tract 0370.10
442442 included in block groups 1 and 2 and blocks 301A, 301B, and 303; and
443443 that part of Harris County tract 0370.20 included in blocks 901A and
444444 903; and that part of Harris County tract 0373.02 included in block
445445 group 6 and blocks 305, 308, 309, 702, 703, 704, and 705; and that
446446 part of Harris County tract 0373.03 included in block groups 1, 2,
447447 3, and blocks 401A, 401B, 403, 409, 410, 411, 412, 413, 414, 415,
448448 416, 417, 418, 419, 420, 421, 422, 423, 505, 506, 507, 508, 509,
449449 510, 511, and 512; and that part of Harris County tract 0373.11
450450 included in blocks 101A, 101B, 102, 103, 104, 301A, 301B, 303A, and
451451 303B; and that part of Harris County tract 0373.21 included in block
452452 group 3 and blocks 111, 201, 202, 203, 206, 207, 209, 210, 211, 212,
453453 213, 214, 215, 216, 217B, 218, 219, and 220.
454454 SECTION 3. (a) The legal notice of the intention to
455455 introduce this Act, setting forth the general substance of this
456456 Act, has been published as provided by law, and the notice and a
457457 copy of this Act have been furnished to all persons, agencies,
458458 officials, or entities to which they are required to be furnished
459459 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
460460 Government Code.
461461 (b) The governor, one of the required recipients, has
462462 submitted the notice and Act to the Texas Commission on
463463 Environmental Quality.
464464 (c) The Texas Commission on Environmental Quality has filed
465465 its recommendations relating to this Act with the governor, the
466466 lieutenant governor, and the speaker of the house of
467467 representatives within the required time.
468468 (d) All requirements of the constitution and laws of this
469469 state and the rules and procedures of the legislature with respect
470470 to the notice, introduction, and passage of this Act are fulfilled
471471 and accomplished.
472472 SECTION 4. (a) If this Act does not receive a two-thirds
473473 vote of all the members elected to each house, Subchapter C, Chapter
474474 7813, Special District Local Laws Code, as added by Section 1 of
475475 this Act, is amended by adding Section 7813.0316 to read as follows:
476476 Sec. 7813.0316. NO EMINENT DOMAIN POWER. The district may
477477 not exercise the power of eminent domain.
478478 (b) This section is not intended to be an expression of a
479479 legislative interpretation of the requirements of Section 17(c),
480480 Article I, Texas Constitution.
481481 SECTION 5. This Act takes effect immediately if it receives
482482 a vote of two-thirds of all the members elected to each house, as
483483 provided by Section 39, Article III, Texas Constitution. If this
484484 Act does not receive the vote necessary for immediate effect, this
485485 Act takes effect September 1, 2019.