86R107 GRM-D
By: Thompson of Brazoria H.B. No. 4424
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Clear Creek Watershed Regional
Flood Control District; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7813 to read as follows:
CHAPTER 7813. CLEAR CREEK WATERSHED REGIONAL FLOOD CONTROL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7813.0101. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Clear Creek Watershed
Regional Flood Control District.
Sec. 7813.0102. NATURE OF DISTRICT. (a) The district is a
conservation and reclamation district and flood control district as
provided by this chapter.
(b) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution.
Sec. 7813.0103. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
Sec. 7813.0104. CONFLICTS OF LAW. This chapter prevails
over any provision of general law, including a provision of Chapter
56 or 57, Water Code, that is in conflict or is inconsistent with
this chapter.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 7813.0121. TEMPORARY DIRECTORS. As soon as
practicable after the effective date of the Act enacting this
chapter, the temporary directors of the district shall be appointed
as follows:
(1) the commissioners courts of Brazoria and Harris
Counties shall each appoint one director to serve a term that
expires September 30, 2021; and
(2) the commissioners courts of Fort Bend, Galveston,
and Harris Counties shall each appoint one director to serve a term
that expires September 30, 2023.
Sec. 7813.0122. CONFIRMATION ELECTION REQUIRED. The
temporary directors shall hold an election to confirm the creation
of the district as provided by Section 49.102, Water Code.
Sec. 7813.0123. EXPIRATION. This subchapter expires
December 31, 2024.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7813.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five appointed directors.
(b) Except as provided by Section 7813.0121, directors
serve staggered four-year terms.
Sec. 7813.0202. APPOINTMENT OF DIRECTORS; VACANCY. (a)
The directors are appointed as follows:
(1) one director appointed by the commissioners court
of Brazoria County;
(2) one director appointed by the commissioners court
of Fort Bend County;
(3) one director appointed by the commissioners court
of Galveston County; and
(4) two directors appointed by the commissioners court
of Harris County.
(b) On the expiration of a director's term, the
commissioners court that appointed the director shall appoint a
successor.
(c) If a vacancy occurs during a director's term, the
commissioners court that appointed the director shall appoint a
person to serve as director for the remainder of the term.
Sec. 7813.0203. COMPENSATION OF DIRECTORS. (a)
Notwithstanding Section 49.060, Water Code, a director is not
entitled to receive compensation for service on the board.
(b) A director may be reimbursed for actual district travel
expenses.
Sec. 7813.0204. GENERAL MANAGER BOND. (a) The general
manager of the district shall execute a bond that is:
(1) in an amount set by the board;
(2) payable to the district; and
(3) conditioned on the general manager's faithful
performance of the general manager's duties.
(b) The district shall pay for the bond described by
Subsection (a).
Sec. 7813.0205. DISTRICT ENGINEER. (a) The board shall
appoint a professional civil engineer as the district engineer.
(b) The district engineer shall execute a bond that is:
(1) in an amount set by the board;
(2) payable to the district; and
(3) conditioned on the faithful performance of the
district engineer's duties.
(c) The district shall pay for the bond described by
Subsection (b).
(d) The board shall determine the compensation and terms of
employment for the district engineer.
Sec. 7813.0206. BOND FOR EMPLOYEE RESPONSIBLE FOR MONEY.
(a) The board shall require an employee who collects, pays, or
handles district money to provide a good and sufficient bond that
is:
(1) in an amount sufficient to safeguard the district;
(2) payable to the district; and
(3) conditioned on:
(A) the faithful performance of the employee's
duties; and
(B) accounting for all district money and
property under the employee's control.
(b) The district shall pay for the bond described by
Subsection (a).
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7813.0301. FLOOD CONTROL DISTRICT POWERS AND DUTIES.
The district may exercise the rights, powers, privileges, and
functions provided by Section 59, Article XVI, Texas Constitution,
Chapters 49, 56, and 57, Water Code, and this chapter.
Sec. 7813.0302. LOCAL COOPERATION. The district shall
cooperate with other political subdivisions in order to provide
uniform flood prevention programs and planning.
Sec. 7813.0303. FLOOD CONTROL AND DRAINAGE PLAN. (a) The
district shall develop a flood control and drainage plan for all
land in the district, including the main channel and all
tributaries of Clear Creek.
(b) The board shall direct the district engineer to prepare
a flood control and drainage plan that provides for:
(1) control and abatement of flood water and other
excess water; and
(2) reclamation and drainage of land in the district.
(c) The district engineer shall file the completed plan with
the board and the commissioners court of each county that appoints a
director.
(d) In preparing the plan, the district engineer may:
(1) exercise the powers and shall exercise the duties
provided by Sections 56.022 and 56.023, Water Code; and
(2) consider and use all or part of any previously
prepared flood control and drainage plan that covers any area in the
district.
Sec. 7813.0304. FLOOD CONTROL AND DRAINAGE PLAN; NOTICE AND
HEARING. (a) On receipt of the completed flood control and
drainage plan, the board shall schedule a public hearing to
consider adoption of the plan. The board must publish notice of the
hearing at least once in a newspaper with general circulation in the
district not later than the 30th day before the date of the hearing.
(b) At the hearing, any person who resides or owns property
in the district or a political subdivision located wholly or partly
in the district may appear before the board and comment for or
against all or part of the plan.
Sec. 7813.0305. FLOOD CONTROL AND DRAINAGE PLAN; ADOPTION.
(a) After holding the public hearing required by Section 7813.0304,
the board shall issue its findings and decision.
(b) If the board finds that the flood control and drainage
plan requires changes before it can be adopted, the board shall
direct the district engineer to make the necessary changes. The
district engineer shall make the changes and resubmit the plan to
the board.
(c) Without further public hearing, the board may continue
to direct the district engineer to make changes to the plan until
the board finds the plan acceptable for adoption.
(d) If the board finds the plan acceptable for adoption, the
board shall submit the plan to the commissioners court of each
county that appoints a director. The commissioners courts may
consider the plan and recommend changes to the plan.
(e) If the board and commissioners courts cannot agree on
changes to the plan, the board shall submit the provisions in the
plan that are in dispute to the district engineer for resolution of
the dispute.
(f) Not earlier than the 30th day after the date the plan is
submitted to the commissioners courts, the board shall adopt the
plan as revised to reflect all necessary changes.
Sec. 7813.0306. FLOOD CONTROL AND DRAINAGE PLAN;
AMENDMENTS. After adopting the flood control and drainage plan,
the board may amend the flood control and drainage plan as necessary
to accomplish the purpose stated in Section 7813.0303.
Sec. 7813.0307. FLOOD CONTROL AND DRAINAGE PLAN;
IMPLEMENTATION. (a) In accordance with the flood control and
drainage plan, the district shall:
(1) construct improvements on the main channel of
Clear Creek that will lessen and control flooding;
(2) prevent or remove deposits of silt and remove
natural or artificial obstructions from the main channel of Clear
Creek;
(3) conduct flood-control-related maintenance on the
main channel of Clear Creek; and
(4) approve and coordinate all flood control
improvements and maintenance located in the district.
(b) Under a written agreement with a political subdivision
that is subject to the flood control and drainage plan, the district
may construct improvements on any watercourse or land in the
district to:
(1) lessen and control flooding;
(2) prevent or remove deposits of silt and remove
natural or artificial obstructions from any watercourse; or
(3) conduct flood-control-related maintenance on any
watercourse.
Sec. 7813.0308. CONSTRUCTION OF IMPROVEMENTS. (a) The
district may only construct improvements compatible with the flood
control and drainage plan.
(b) Only the district may construct improvements or perform
maintenance on the main channel of Clear Creek. The district may
contract for the construction and maintenance of improvements to
the main channel of Clear Creek. The district is responsible for
assuring that all construction and maintenance is done in
conformance with the flood control and drainage plan.
(c) Other political subdivisions than the district may
construct improvements and perform maintenance on lands draining
into Clear Creek or its tributaries, including detention
structures, and channels other than the main channel of Clear
Creek. The district may construct improvements and perform
maintenance under this subsection under an agreement with the
applicable political subdivision.
Sec. 7813.0309. PERMIT REQUIRED FOR ACTIVITY AFFECTING
FLOOD CONTROL OR DRAINAGE. (a) Except as provided by Subsection
(b), a person may not engage in an activity that will affect flood
control or drainage in the district without obtaining a permit from
the board.
(b) After notice and hearing, the board may adopt a rule or
issue an order that exempts a specified activity from obtaining a
permit under this section. The board may exempt an activity only if
the board, after consultation with the district engineer, finds
that the activity will have at most a minimal effect on flood
control and drainage.
Sec. 7813.0310. NOTICE OF ACTIVITIES AFFECTING FLOOD
CONTROL OR DRAINAGE. (a) A person that plans to engage in an
activity that will affect flood control or drainage in the district
shall submit written notice to the board of the intent to engage in
the activity, accompanied by plans, specifications, and other
information relating to the activity.
(b) A person shall submit the notice and other information
required by Subsection (a) in the form and time period provided by
board rules.
Sec. 7813.0311. CONSIDERATION OF ACTIVITY BY DISTRICT
ENGINEER. (a) On receiving notice of a proposed activity under
Section 7813.0310, the board shall submit the notice and other
information to the district engineer for consideration.
(b) The district engineer shall examine the notice and other
information to determine:
(1) the effect of the proposed activity on flood
control and drainage in the district; and
(2) whether the proposed activity is compatible with
the flood control and drainage plan.
(c) The district engineer shall consult with the person
submitting the notice and information and suggest changes in the
proposed plans and specifications for the activity necessary to
make the activity compatible with the flood control and drainage
plan.
(d) If the district engineer and the person proposing an
activity agree to plans and specifications for the activity that
are compatible with the flood control and drainage plan as
determined by the district engineer, the district engineer shall
recommend that the board issue a permit authorizing the activity.
If the district engineer and the person proposing an activity
cannot agree, the district engineer shall recommend that the board
decline to issue a permit authorizing the activity. The district
engineer's recommendation shall be included in a brief written
report to the board stating the district engineer's reasons for the
recommendation.
Sec. 7813.0312. BOARD CONSIDERATION AND ACTION. (a) On
receiving the district engineer's report under Section
7813.0311(d), the board may issue a permit without giving notice or
holding a public hearing to consider the issuance.
(b) After consideration of the district engineer's report,
the board may deny issuance of a permit only if the board gives
notice and holds a public hearing in accordance with the district's
rules to consider the issuance of the permit. After conducting the
hearing, the board shall issue a written decision granting or
denying the permit or granting the permit subject to specific
requirements. The decision must state the findings of the board in
making the decision.
Sec. 7813.0313. OBSTRUCTIONS AND STRUCTURES. (a) A person
may not place an obstruction or construct or alter a structure that
affects flood control or drainage on land in the district if the
obstruction or structure is not compatible with the flood control
and drainage plan and the district has not issued a permit for the
activity.
(b) After notice and hearing, the board may issue an order
directing a person to remove or make changes to an obstruction or
structure constructed after adoption of the flood control and
drainage plan as necessary to comply with the plan.
Sec. 7813.0314. INJUNCTIVE RELIEF. If a person engages in
an activity that will affect flood control or drainage in the
district without a permit or places an obstruction or constructs or
alters a structure in violation of an order issued by the board
under Section 7813.0313, the board may sue in a district court in
any county in which the activity is occurring or an obstruction is
built for injunctive relief to restrain the person from continuing
the violation or to require the person to remove an obstruction or
structure.
Sec. 7813.0315. CIVIL PENALTY. (a) A person who violates
Section 7813.0309 or 7813.0313 or any order issued by the board
under Section 7813.0309 or 7813.0313 is subject to a civil penalty
of not less than $100 or more than $1,000 for each violation or each
day of a continuing violation.
(b) If a suit is filed under this section to recover a civil
penalty, the court may include in any final judgment in favor of the
district an award to cover court costs and reasonable attorney's
fees.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7813.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by revenue other than ad valorem taxes.
(b) The district must hold an election in the manner
provided by Chapters 49 and 57, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
Sec. 7813.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7813.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7813.0403. BUDGET. (a) The board shall adopt an
annual budget containing a complete financial statement of the
district.
(b) The board shall conduct a public hearing on the proposed
budget on a date set by the board after August 15 and before the
imposition of district taxes. The board shall give public notice of
the hearing by publication in a newspaper of general circulation in
the district at least 15 days before the date of the hearing.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7813.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7813.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 57.251 and 57.259, Water Code.
Sec. 7813.0503. AD VALOREM BONDS FOR IMPROVEMENTS. The
district may issue bonds under this chapter supported by ad valorem
taxes on property in the district to finance up to one-half of the
cost of construction under Section 7813.0307 if the district finds
that the project will not be constructed without the use of the ad
valorem taxes.
Sec. 7813.0504. JOINT PROJECTS BONDS. (a) The district may
issue bonds secured by revenues arising from a contract with a
political subdivision located wholly or partly in the district for
the construction of an improvement identified in the flood control
and drainage plan. The district shall provide the proceeds from the
bonds to the local political subdivision for the construction of
the improvement, or, if the contract with the political subdivision
requires the district to construct the improvements, the district
shall use the proceeds for the required construction. Bonds issued
under this section are subject to Subchapter F, Chapter 49, Water
Code, except that any provision associated with the imposition of
an ad valorem tax does not apply.
(b) A political subdivision located wholly or partly in the
district may enter into any contract with the district. The
political subdivision may pledge to the payment of the contract any
source of revenue available to the political subdivision, including
the imposition of ad valorem taxes, if the political subdivision
has the authority to impose those taxes. To the extent a political
subdivision pledges money to be derived from any of its own systems,
the payments constitute an operating expense of that system.
(c) The district may issue bonds supported by revenues under
this section to finance all or part of the cost of construction of
improvements under the flood control and drainage plan implemented
under Subchapter C.
SECTION 2. The Clear Creek Watershed Regional Flood Control
District initially includes all the territory contained in the
following area:
The district is composed of Brazoria County tracts 0601.10,
0601.20, 0602.12, 0602.22, and 0602.32; and that part of Brazoria
County tract 0602.11 included in block group 1 and blocks 201A,
201B, 202A, 202B, 202C, 206B, 301A, and 301B; and that part of
Brazoria County tract 0602.21 included in blocks 101, 102, 103,
104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112A, 112B, 113A,
113B, 114, 115, 116, 117, 118, 119, 120, 301A, 301B, 302B, 303B,
304, 305A, 305B, 306A, 306B, 307A, 307B, 308, 309, 310A, 310B, and
311; and that part of Brazoria County tract 0603.10 included in
blocks 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 308A,
308C, 312, 317, 318A, 318B, 319, 320, 321, 322, and 326A; and that
part of Fort Bend County tract 0701.15 included in blocks 607A,
607B, 614, 615, 616A, and 616B; and that part of Fort Bend County
tract 0701.25 included in blocks 101, 102, 103A, 103C, 105, 122,
123, 201, 202, 203, 204, and 205; Galveston County tracts 1201.01,
1201.02, 1205, 1206.10, and 1206.20; and that part of Galveston
County tract 1202 included in block groups 1, 2, 5, and blocks 301,
302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 313,
314, 315, 316A, 316B, 316C, 319, 401, 402, 403, 404, 405, 406, 407,
408, 409, 410, 411, 412, 413, 414, and 415; and that part of
Galveston County tract 1203 included in block groups 1, 2, 3, 5, and
blocks 401, 402, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413,
414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426,
427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439,
440, 601, and 602; and that part of Galveston County tract 1204
included in block groups 1 and 2 and blocks 304, and 307; and that
part of Galveston County tract 1207 included in block groups 1, 3,
4, 5, and blocks 201A, 201B, 201E, 202, 203, 204A, and 204B; and
that part of Galveston County tract 1208 included in block 407A; and
that part of Galveston County tract 1209 included in blocks 101,
102, 103, 104, 105, 106, 107, 112, 113, 114, 115, 116, 117, 118,
123, 124, 125, 126, 130, and 131; Harris County tracts 0337, 0341,
0345.02, 0366.41, 0371.02, 0371.11, 0371.21, 0372, 0373.04, 0374,
and 0375; and that part of Harris County tract 0336 included in
blocks 403B, 408, 409, 410, 411, and 412; and that part of Harris
County tract 0338 included in blocks 401 and 413; and that part of
Harris County tract 0340 included in blocks 604, 605, 606, 607, 608,
and 609; and that part of Harris County tract 0342 included in
blocks 113, 126, 128, 129, 130, 131, 132, and 133; and that part of
Harris County tract 0344 included in block 426; and that part of
Harris County tract 0345.01 included in block groups 4, 5, 6, and
blocks 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314,
315, 316, 317, 318, 319, and 320; and that part of Harris County
tract 0346 included in blocks 204, 209, 210, 212, and 304; and that
part of Harris County tract 0347.03 included in block 202; and that
part of Harris County tract 0363 included in blocks 119, 120, 121,
301, and 331; and that part of Harris County tract 0366.02 included
in blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111,
112, 113, 114, 115, 116, 117, 118, 119, 120A, 120B, 120C, 123, 124,
125, 126, 199A, 201, 202, 203, 204, 210, 212, 213, 214, 215, 216,
217A, 217B, 301, 302, 303, 304, 305, and 307; and that part of
Harris County tract 0366.21 included in blocks 302A, 302B, and 303;
and that part of Harris County tract 0366.31 included in blocks 901,
902, 903, 904A, 904B, 904C, 904D, 904E, 905A, 905B, 905C, 905D,
905E, 905F, 909, 910, 911A, 911B, 911C, 912A, 912B, 912C, 912D,
913A, 913B, 914, 915, 916, 917, 999A, and 999B; and that part of
Harris County tract 0367 included in blocks 103A, 103B, 103C, 103D,
129A, 129C, 130A, 130C, 131A, 131B, 131C, 132, 133, 199A, 199C, and
199D; and that part of Harris County tract 0368.01 included in block
groups 5, 6, 7, 8, and blocks 402A, 402B, 402C, 402D, 402E, 403,
404, 499A, 499B, 499C, 499D, and 499E; and that part of Harris
County tract 0368.02 included in blocks 109, 113, 115, 202, 203,
204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 305, 308, 309,
312, 315, 316, 319, 320, 323, 324, 325, 326, 327, 328, 329, 330,
331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343,
344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 358,
359, 364, 365, and 399; and that part of Harris County tract 0369
included in block group 1 and blocks 201, 202, 203, 204, 205, 206,
207A, 207C, 209, 212, 299, 301A, 301B, 301C, 301D, 304A, 306, 309,
310, 399A, and 399B; and that part of Harris County tract 0370.10
included in block groups 1 and 2 and blocks 301A, 301B, and 303; and
that part of Harris County tract 0370.20 included in blocks 901A and
903; and that part of Harris County tract 0373.02 included in block
group 6 and blocks 305, 308, 309, 702, 703, 704, and 705; and that
part of Harris County tract 0373.03 included in block groups 1, 2,
3, and blocks 401A, 401B, 403, 409, 410, 411, 412, 413, 414, 415,
416, 417, 418, 419, 420, 421, 422, 423, 505, 506, 507, 508, 509,
510, 511, and 512; and that part of Harris County tract 0373.11
included in blocks 101A, 101B, 102, 103, 104, 301A, 301B, 303A, and
303B; and that part of Harris County tract 0373.21 included in block
group 3 and blocks 111, 201, 202, 203, 206, 207, 209, 210, 211, 212,
213, 214, 215, 216, 217B, 218, 219, and 220.
SECTION 3. (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 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7813, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7813.0316 to read as follows:
Sec. 7813.0316. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. 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, 2019.