H.B. No. 5334
AN ACT
relating to the creation of the Cypress Creek Drainage Improvement
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Special District Local Laws
Code, is amended by adding Chapter 6608 to read as follows:
CHAPTER 6608. CYPRESS CREEK DRAINAGE IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6608.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Cypress Creek Drainage
Improvement District.
Sec. 6608.0102. NATURE OF DISTRICT. The district is a
conservation and reclamation district created under Section 59,
Article XVI, Texas Constitution.
Sec. 6608.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
(b) If the creation of the district is not confirmed and
permanent directors are not elected under this section before
September 1, 2027, the district shall be dissolved in accordance
with Subchapter D.
Sec. 6608.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
6608.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 6608.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a conservation and reclamation district as
provided by general law and Section 59, Article XVI, Texas
Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction and maintenance of pools, lakes,
reservoirs, dams, canals, and waterways for the purposes of
irrigation, drainage, or navigation.
Sec. 6608.0106. 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; or
(2) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 6608.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 6608.0202, directors
serve staggered four-year terms.
Sec. 6608.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Mark Adam;
(2) Calvin Cobb;
(3) Clara Lewis;
(4) Joe Myers; and
(5) Barbara Schlattman.
(b) Temporary directors serve until the either of:
(1) the date permanent directors are elected under
Section 6608.0103; or
(2) September 1, 2027.
(c) If a temporary director is unable or unwilling to
complete the director's term, the commission shall appoint a
temporary director to serve the remainder of the director's term.
In making the appointment, the commission shall consider input from
the remaining directors, owners of real property in the district,
the Cypress Creek Flooding Task Force, and the Cypress Creek Flood
Control Coalition, or a successor organization, as provided by
Subsection (d).
(d) Not sooner than the 90th day and not later than the 10th
day before the date a temporary director's term ends, the Cypress
Creek Flooding Task Force and the Cypress Creek Flood Control
Coalition may submit a petition to the commission requesting that
the commission appoint a successor temporary director from the
persons named in the petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 6608.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 6608.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. (a) The district has the powers and duties
provided by the general law of this state, including Chapters 49 and
51, Water Code, applicable to water control and improvement
districts created under Section 59, Article XVI, Texas
Constitution.
(b) The district may seek and use grants, gifts, donations,
or money from other stormwater or drainage programs.
(c) The district may not issue bonds or impose a tax, fee, or
assessment under Chapter 49 or 51, Water Code.
Sec. 6608.0303. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. DISSOLUTION
Sec. 6608.0401. DISSOLUTION. (a) If permanent directors
have not been elected under Section 6608.0103 by September 1, 2027,
the district is dissolved.
(b) On dissolution of the district, the board shall transfer
all assets, contractual rights, and obligations of the district to
the Harris County Flood Control District.
SECTION 2. The Cypress Creek Drainage Improvement District
initially includes all the territory contained in the Cypress Creek
Watershed as defined by the Harris County Flood Control District
Geo-Database file dated June 2007, excluding any territory, as of
the effective date of this Act, within the boundaries or
extraterritorial jurisdiction of the Cities of Waller and Prairie
View.
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. 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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5334 was passed by the House on May 2,
2023, by the following vote: Yeas 110, Nays 35, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5334 was passed by the Senate on May
24, 2023, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor