Texas House Bill HB5334

Texas 2023 - 88th Regular

• Filed: 3/30/23
• Out of House Committee: 4/24/23
• Voted on by House: 5/2/23
• Out of Senate Committee: 5/19/23
• Voted on by Senate: 5/24/23
• Governor Action: 6/18/23

Caption

Relating to the creation of the Cypress Creek Drainage Improvement District.

Impact

The implementation of HB 5334 will specifically impact the management of drainage issues within the local jurisdiction of Cypress Creek. By creating a structured district, the bill empowers local stakeholders to address flooding challenges more effectively, which is particularly relevant given the area's history of severe flooding events. This localized approach fosters a sense of community agency over essential infrastructure improvements while ensuring that projects are tailored to the specific needs of the area. Moreover, the bill prohibits the district from exercising eminent domain, ensuring that property rights are respected in the process of implementing drainage solutions.

Summary

House Bill 5334 establishes the Cypress Creek Drainage Improvement District, aimed at enhancing drainage management within the Cypress Creek watershed. The bill facilitates the appointment of a temporary board to oversee the district, tasked with sourcing funding for necessary improvements. If sufficient funds are not raised within four years, the district’s board would be disbanded, indicating a clear timeline for accountability in funding efforts and project initiation. This measure concentrates on local governance in flood-prone areas to better manage water resources and mitigate flooding risks.

Sentiment

The reception of HB 5334 has been largely supportive among local officials and residents concerned about flooding issues. Proponents argue that the legislation is necessary to enable proactive measures and local control over flood management. Community leaders, like Joe Myers from the Cypress Creek Flood Control Coalition, have voiced their endorsement, emphasizing the need for local autonomy in managing drainage and flood prevention. The sentiment suggests a constructive view towards empowering residents and local entities in shaping their environment.

Contention

Despite the general support, some concerns revolve around the temporary nature of the district’s leadership and the funding mechanisms. Opponents argue that relying on local fundraising and temporary board appointments may not sufficiently guarantee long-term sustainability for drainage management initiatives. Additionally, the bill outlines a clear dissolution process if no permanent directors are elected by a specified date, which could lead to uncertainty regarding the future of local flood management efforts. This aspect raises questions about accountability and the potential for gaps in governance if funding challenges arise.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 6608. Cypress Creek Drainage Improvement District
  • Section: New Section

Water Code

• Chapter 49. Provisions Applicable To All Districts
  • Section: 102
  • Section: 004
  • Section: New Section
  • Section: New Section

• Chapter 51. Water Control And Improvement Districts
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 1. General Provisions
  • Section: New Section

Government Code

• Chapter 313. Notice For Local And Special Laws
  • Section: New Section
  • Section: New Section
  • Section: New Section