Texas Senate Bill SB1333

Texas 2021 - 87th Regular

Caption

Relating to the right to remove property encroaching on areas owned or controlled by the Hidalgo County Drainage District Number 1.

Impact

If enacted, SB1333 would significantly impact the authority of the Hidalgo County Drainage District by granting it the ability to manage property encroachments more assertively. The measure is aimed at ensuring that the district can maintain its operations and land integrity, which are crucial for effective drainage management. The ability to act without prior consent from property owners sets a precedent for similar districts across the state, potentially reshaping local governance and property rights in drainage-related matters.

Summary

SB1333, relating to the right to remove property encroaching on areas owned or controlled by the Hidalgo County Drainage District Number 1, aims to empower the drainage district to remove both real and personal property from its land without requiring the owner's consent. The legislation specifies that the drainage district must notify property owners by certified mail prior to taking any action. The bill establishes a protocol where a second notice must be sent following an initial notification, allowing the property owner a minimum of 30 days to respond before the district can remove the property and potentially recover costs through civil lawsuits.

Contention

A potential area of contention surrounding SB1333 lies in the balance between the district's operational needs and property owner rights. Critics may argue that allowing a government entity to remove private property without consent or immediate oversight undermines property rights. Furthermore, there could be concerns over the implications of the civil lawsuit process, which may be perceived as burdensome or punitive for property owners. Proponents, on the other hand, may argue that this authority is vital for the effective management of drainage districts and public safety.