Texas 2023 - 88th Regular

Texas House Bill HB5334 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5334
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Cypress Creek Drainage Improvement
6	6	District.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle A, Title 6, Special District Local Laws
9	9	Code, is amended by adding Chapter 6608 to read as follows:
10	10	CHAPTER 6608. CYPRESS CREEK DRAINAGE IMPROVEMENT DISTRICT
11	11	SUBCHAPTER A. GENERAL PROVISIONS
12	12	Sec. 6608.0101. DEFINITIONS. In this chapter:
13	13	(1) "Board" means the district's board of directors.
14	14	(2) "Commission" means the Texas Commission on
15	15	Environmental Quality.
16	16	(3) "Director" means a board member.
17	17	(4) "District" means the Cypress Creek Drainage
18	18	Improvement District.
19	19	Sec. 6608.0102. NATURE OF DISTRICT. The district is a
20	20	conservation and reclamation district created under Section 59,
21	21	Article XVI, Texas Constitution.
22	22	Sec. 6608.0103. CONFIRMATION AND DIRECTOR ELECTION
23	23	REQUIRED. (a) The temporary directors shall hold an election to
24	24	confirm the creation of the district and to elect five permanent
25	25	directors as provided by Section 49.102, Water Code.
26	26	(b) If the creation of the district is not confirmed and
27	27	permanent directors are not elected under this section before
28	28	September 1, 2027, the district shall be dissolved in accordance
29	29	with Subchapter D.
30	30	Sec. 6608.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	6608.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 6608.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a conservation and reclamation district as
40	40	provided by general law and Section 59, Article XVI, Texas
41	41	Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction and maintenance of pools, lakes,
44	44	reservoirs, dams, canals, and waterways for the purposes of
45	45	irrigation, drainage, or navigation.
46	46	Sec. 6608.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity; or
54	54	(2) legality or operation.
55	55	SUBCHAPTER B. BOARD OF DIRECTORS
56	56	Sec. 6608.0201. GOVERNING BODY; TERMS. (a) The district is
57	57	governed by a board of five elected directors.
58	58	(b) Except as provided by Section 6608.0202, directors
59	59	serve staggered four-year terms.
60	60	Sec. 6608.0202. TEMPORARY DIRECTORS. (a) The temporary
61	61	board consists of:
62	62	(1) Mark Adam;
63	63	(2) Calvin Cobb;
64	64	(3) Clara Lewis;
65	65	(4) Joe Myers; and
66	66	(5) Barbara Schlattman.
67	67	(b) Temporary directors serve until the either of:
68	68	(1) the date permanent directors are elected under
69	69	Section 6608.0103; or
70	70	(2) September 1, 2027.
71	71	(c) If a temporary director is unable or unwilling to
72	72	complete the director's term, the commission shall appoint a
73	73	temporary director to serve the remainder of the director's term.
74	74	In making the appointment, the commission shall consider input from
75	75	the remaining directors, owners of real property in the district,
76	76	the Cypress Creek Flooding Task Force, and the Cypress Creek Flood
77	77	Control Coalition, or a successor organization, as provided by
78	78	Subsection (d).
79	79	(d) Not sooner than the 90th day and not later than the 10th
80	80	day before the date a temporary director's term ends, the Cypress
81	81	Creek Flooding Task Force and the Cypress Creek Flood Control
82	82	Coalition may submit a petition to the commission requesting that
83	83	the commission appoint a successor temporary director from the
84	84	persons named in the petition.
85	85	SUBCHAPTER C. POWERS AND DUTIES
86	86	Sec. 6608.0301. GENERAL POWERS AND DUTIES. The district
87	87	has the powers and duties necessary to accomplish the purposes for
88	88	which the district is created.
89	89	Sec. 6608.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
90	90	POWERS AND DUTIES. (a) The district has the powers and duties
91	91	provided by the general law of this state, including Chapters 49 and
92	92	51, Water Code, applicable to water control and improvement
93	93	districts created under Section 59, Article XVI, Texas
94	94	Constitution.
95	95	(b) The district may seek and use grants, gifts, donations,
96	96	or money from other stormwater or drainage programs.
97	97	(c) The district may not issue bonds or impose a tax, fee, or
98	98	assessment under Chapter 49 or 51, Water Code.
99	99	Sec. 6608.0303. NO EMINENT DOMAIN POWER. The district may
100	100	not exercise the power of eminent domain.
101	101	SUBCHAPTER D. DISSOLUTION
102	102	Sec. 6608.0401. DISSOLUTION. (a) If permanent directors
103	103	have not been elected under Section 6608.0103 by September 1, 2027,
104	104	the district is dissolved.
105	105	(b) On dissolution of the district, the board shall transfer
106	106	all assets, contractual rights, and obligations of the district to
107	107	the Harris County Flood Control District.
108	108	SECTION 2. The Cypress Creek Drainage Improvement District
109	109	initially includes all the territory contained in the Cypress Creek
110	110	Watershed as defined by the Harris County Flood Control District
111	111	Geo-Database file dated June 2007, excluding any territory, as of
112	112	the effective date of this Act, within the boundaries or
113	113	extraterritorial jurisdiction of the Cities of Waller and Prairie
114	114	View.
115	115	SECTION 3. (a) The legal notice of the intention to
116	116	introduce this Act, setting forth the general substance of this
117	117	Act, has been published as provided by law, and the notice and a
118	118	copy of this Act have been furnished to all persons, agencies,
119	119	officials, or entities to which they are required to be furnished
120	120	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
121	121	Government Code.
122	122	(b) The governor, one of the required recipients, has
123	123	submitted the notice and Act to the Texas Commission on
124	124	Environmental Quality.
125	125	(c) The Texas Commission on Environmental Quality has filed
126	126	its recommendations relating to this Act with the governor, the
127	127	lieutenant governor, and the speaker of the house of
128	128	representatives within the required time.
129	129	(d) All requirements of the constitution and laws of this
130	130	state and the rules and procedures of the legislature with respect
131	131	to the notice, introduction, and passage of this Act are fulfilled
132	132	and accomplished.
133	133	SECTION 4. This Act takes effect immediately if it receives
134	134	a vote of two-thirds of all the members elected to each house, as
135	135	provided by Section 39, Article III, Texas Constitution. If this
136	136	Act does not receive the vote necessary for immediate effect, this
137	137	Act takes effect September 1, 2023.
138	138	______________________________ ______________________________
139	139	President of the Senate Speaker of the House
140	140	I certify that H.B. No. 5334 was passed by the House on May 2,
141	141	2023, by the following vote: Yeas 110, Nays 35, 2 present, not
142	142	voting.
143	143	______________________________
144	144	Chief Clerk of the House
145	145	I certify that H.B. No. 5334 was passed by the Senate on May
146	146	24, 2023, by the following vote: Yeas 29, Nays 2.
147	147	______________________________
148	148	Secretary of the Senate
149	149	APPROVED: _____________________
150	150	Date
151	151	_____________________
152	152	Governor