Texas 2023 - 88th Regular

Texas House Bill HB5338 Compare Versions

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1	1	88R10165 MP-D
2	2	By: Paul H.B. No. 5338
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Harris County Flood Control District and the
8	8	transfer to it of the assets, programs, and facilities of the Harris
9	9	County Toll Road Authority; providing for the appointment of the
10	10	governing body.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 360, Acts of the 45th Legislature,
13	13	Regular Session, 1937, is amended by amending Sections 1, 2, 2A, 3,
14	14	4, 5, 6, 7, 8, 9, 10, 11, 12, 12-a, and 12-b and adding Sections 1A,
15	15	1B, 1C, and 12-c to read as follows:
16	16	Sec. 1. Gulf Coast Resiliency [Harris County Flood Control]
17	17	District Created. There is hereby created and established within
18	18	the State of Texas, in addition to the districts into which the
19	19	State has heretofore been divided, in the form and manner
20	20	hereinafter provided, a conservation and reclamation district to be
21	21	known as the Gulf Coast Resiliency [Harris County Flood Control]
22	22	District, hereinafter called the District[, and consisting of that
23	23	part of the State of Texas which is known as and included within the
24	24	boundaries of the County of Harris]. Such District shall be a
25	25	governmental agency and body politic and corporate, with the powers
26	26	of government and with the authority to exercise the rights,
27	27	privileges, and functions hereinafter specified, the creation and
28	28	establishment of such District being essential to the
29	29	accomplishment of the purposes of Section 59 of Article XVI of the
30	30	Constitution of the State of Texas, as amended, including the
31	31	control, storing, preservation, and distribution of the storm and
32	32	flood waters, and the waters of the rivers and streams within the
33	33	bounds of the District [in Harris County] and their tributaries,
34	34	for domestic, municipal, flood control, irrigation, and other
35	35	useful purposes, the reclamation and drainage of the overflow land
36	36	within the bounds of the District [of Harris County], the
37	37	conservation of forests, and to aid in the protection of navigation
38	38	on the navigable waters by regulating the flood and storm waters
39	39	that flow into said navigable streams.
40	40	The District is created to accomplish the purposes of Section
41	41	52, Article III, Texas Constitution, that relate to the
42	42	construction, acquisition, improvement, operation, or maintenance
43	43	of macadamized, graveled, or paved roads, or improvements,
44	44	including storm drainage, in aid of those roads. [The Commissioners
45	45	Court of Harris County, Texas, is hereby designated as the
46	46	governing body of such District and the agency through which the
47	47	management and control of the District shall be administered, and
48	48	it is hereby empowered to do any and all things necessary to carry
49	49	out the aims and purposes of this Act.]
50	50	Sec. 1A. DEFINITIONS. In this Act:
51	51	(1) "Board" means the governing body of the District.
52	52	(2) "District" means the Gulf Coast Resiliency
53	53	District.
54	54	(3) "Presiding officer" means the presiding officer of
55	55	the Board.
56	56	(4) "Secretary" means the secretary of the Board.
57	57	(5) "Treasurer" means the treasurer of the Board.
58	58	Sec. 1B. DISTRICT TERRITORY. The boundaries of the
59	59	District are coextensive with the boundaries of Harris County.
60	60	Sec. 1C. BOARD; TERMS. (a) The Board is composed of five
61	61	members who are appointed by the governor with the advice and
62	62	consent of the senate.
63	63	(b) The members of the Board hold office for staggered terms
64	64	of four years, with the terms of two or three members expiring
65	65	January 1 of each odd-numbered year. Each member holds office until
66	66	a successor is appointed and has qualified.
67	67	(c) The governor shall designate one member as the presiding
68	68	officer of the Board to serve at the will of the governor. The Board
69	69	shall elect from among its members a secretary and a treasurer and
70	70	other officers the presiding officer considers necessary.
71	71	(d) A member of the Board may not receive compensation but
72	72	is entitled to reimbursement of the travel expenses incurred by the
73	73	member while conducting the business of the Board.
74	74	Sec. 2. Added Powers. In addition to the powers given to the
75	75	Board [Commissioners Court] by General Laws and in addition to the
76	76	general powers herein given, it shall be authorized in connection
77	77	with the [Harris County Flood Control] District to exercise the
78	78	following added rights, powers, privileges, and functions:
79	79	a. To acquire land and rights and interest therein and any
80	80	other character of property needed to carry on the work of flood
81	81	control, by gift, devise, purchase, or condemnation;
82	82	b. To sell, trade, or otherwise dispose of land or other
83	83	property or rights therein when the same are no longer needed for
84	84	the project or flood control purposes;
85	85	c. To hire [appoint] a flood control manager and other
86	86	[such] agents and employees [of the County] for flood control
87	87	purposes as may be necessary, including an engineer and counsel,
88	88	and to prescribe their duties and fix their bonds and compensation;
89	89	d. To authorize its officers, employees, or agents to go
90	90	upon any lands lying within the District for the purpose of making
91	91	surveys and examining the same in connection with flood control
92	92	plans and projects, and for any other lawful purpose within the
93	93	scope of its authority;
94	94	e. To devise plans and construct works to lessen and control
95	95	floods; to reclaim lands in the District; to prevent the deposit of
96	96	silt in navigable streams; to remove obstructions, natural or
97	97	artificial, from streams and water courses; to regulate the flow of
98	98	surface and flood waters; and to provide drainage where essential
99	99	to the flood control project;
100	100	f. To exercise all powers, rights, privileges, and
101	101	functions conferred by general law upon flood control districts
102	102	created pursuant to Section 59 of Article XVI of the Constitution of
103	103	Texas [, as amended, so far as the same may be applicable to Harris
104	104	County and essential to the flood control project];
105	105	g. To cooperate with and contract with the United States of
106	106	America or with any of its agencies now existing, or which may be
107	107	created hereafter, for grants, loans, or advancements to carry out
108	108	any of the powers or to further any of the purposes set forth in this
109	109	Act and to receive and use said moneys for such purposes; or to
110	110	contribute to the United States of America or any of its agencies in
111	111	connection with any project undertaken by it affecting or relating
112	112	to flood control in the District [Harris County];
113	113	h. To cooperate [with,] or [to] contract with a municipality
114	114	or county within the District, [the City of Houston, or] any
115	115	adjacent county, or any agency or political subdivision of the
116	116	State [, or any city or town within Harris County] in relation to
117	117	surveys, the acquisition of land or right of ways, the construction
118	118	or maintenance of projects or parts thereof or the financing of the
119	119	same in connection with any matter within the scope of this Act;
120	120	i. To sue and be sued in any proper case under the laws of
121	121	this State; and all courts shall take judicial notice of the
122	122	establishment of the said District; and
123	123	j. To do any and all other acts or things necessary or proper
124	124	to carry into effect the foregoing powers.
125	125	Sec. 2A. Right to Remove Property. [(a) In this section,
126	126	"district" means the Harris County Flood Control District.
127	127	[(b)] In order to carry out district purposes, the district
128	128	may remove real or personal property placed on land owned by the
129	129	district or land subject to an easement held by the district,
130	130	regardless of when the real or personal property was put in place
131	131	and without the consent of the owner of the property. The district
132	132	must send notice by certified mail to the owner of property on which
133	133	the district intends to act under this section. Not earlier than
134	134	the 30th day after the date the notice is sent, the district must
135	135	send a second notice by certified mail. The district may use
136	136	existing civil lawsuit processes against the owner of the property
137	137	to recover the cost of removing the property not earlier than the
138	138	30th day after the date the second notice was received.
139	139	Sec. 3. Petition for Hearing. A petition may be filed with
140	140	the Board [County Clerk of Harris County for submission to the
141	141	Commissioners Court], signed by not less than fifty (50) qualified
142	142	property taxpaying voters resident of the District [said County]
143	143	who own and assess property therein, accompanied by the certificate
144	144	of the Assessor and Collector of Taxes showing that such persons
145	145	have correctly stated the facts with respect to their
146	146	qualifications to sign the petition, which petition may request the
147	147	submission to the qualified voters the question of the issuance of a
148	148	named amount of bonds for flood control purposes under the
149	149	provisions of Section 59 of Article XVI of the Constitution of the
150	150	State of Texas, as amended. Said petition shall set out the general
151	151	nature of the work to be done, the necessity therefor, the
152	152	feasibility thereof, and a reasonable amount of detail with respect
153	153	to the matters alleged, sufficient to inform the Board
154	154	[Commissioners Court] fully of the purpose, utility, feasibility,
155	155	and necessity therefor. The petition shall state the estimated
156	156	cost of the project as then estimated and its operating costs and
157	157	shall give such additional information as may be available for the
158	158	purpose. The petition shall request that the Board [Commissioners
159	159	Court] hear evidence of the feasibility, practicability, and cost
160	160	of the project and whether or not the same would be a public benefit
161	161	and is needed, and that an election be called to determine whether
162	162	or not said bonds shall be issued.
163	163	Sec. 4. Notice of Hearing. Notice of such hearing shall be
164	164	given by publication once a week for two (2) consecutive weeks prior
165	165	to the date fixed for such hearing and exclusive thereof in a daily
166	166	newspaper published in the District [Harris County] which said
167	167	notice shall consist of a certified copy of the petition and of the
168	168	order of the Board [Court] setting the same for hearing and shall be
169	169	signed by the presiding officer [County Judge]. In addition
170	170	thereto, the Sheriff of each county in the District [Harris County]
171	171	shall post at least fifteen (15) days prior to the date of hearing,
172	172	one copy of said notice at each of four (4) public places in each
173	173	county in the District [Harris County] and one copy thereof at the
174	174	Courthouse door of each county in the District, and said sheriff and
175	175	the editor of the newspaper in which said notice is published shall
176	176	make due return under oath showing the dates of posting and
177	177	publication, respectively.
178	178	Sec. 5. Hearing. The Board [Commissioners Court] shall
179	179	have jurisdiction to hear, consider, and determine the matters
180	180	brought before it in said petition and by the evidence produced in
181	181	favor of and against the proposition to issue bonds. The hearing
182	182	may be continued from day to day. Should the Board [Court] refuse
183	183	said petition it shall so find and its orders shall be recorded in
184	184	its minutes refusing said petition and giving its reasons therefor.
185	185	Should the Board [Commissioners Court] determine that the
186	186	proposition to issue such bonds should be submitted at an election
187	187	called for the purpose it shall thereupon enter its order making its
188	188	findings with respect to the matters herein provided for and shall
189	189	be authorized to submit in accordance with the provisions of the
190	190	Constitution and with Subdivisions 1 and 2 of Title 22 of the
191	191	Revised Civil Statutes of Texas of 1925, to an election of the
192	192	qualified property taxpaying voters resident of the District [said
193	193	County] who own and assess property therein, the question of a bond
194	194	issue for the purpose of providing said funds, and the District
195	195	[said County] is given the right, after a majority vote of the
196	196	electors qualified as herein required in favor of the proposition
197	197	to issue bonds, to issue flood control bonds as authorized by
198	198	Section 59 of Article XVI of the Constitution of the State of Texas,
199	199	as amended, upon a compliance with the provisions of Subdivisions 1
200	200	and 2 of Title 22, Revised Civil Statutes of Texas of 1925, and with
201	201	this Section, and within the limitations therein prescribed; and to
202	202	levy and assess upon all the property subject to taxation in the
203	203	District [said County], and thereafter to collect such taxes as may
204	204	annually be required to pay the interest on the bonds voted at said
205	205	election and to create a sinking fund sufficient to retire said
206	206	bonds at maturity; provided that additional bonds may be issued
207	207	from time to time in like manner and under the same procedure.
208	208	Provided further, however, that the initial issuance of bonds
209	209	shall not be for a sum which will require a tax rate in excess of
210	210	Fifteen (15) Cents on the one hundred dollars valuation on the
211	211	property within said District, nor shall any subsequent issue of
212	212	said bonds be authorized the effect of which will be to increase the
213	213	tax rate for all outstanding bonds of said District including such
214	214	issue to an amount in excess of Fifteen (15) Cents on the one
215	215	hundred dollars valuation to pay the interest on said bonds and to
216	216	create a sinking fund to retire the same at maturity.
217	217	Sec. 6. BOND RECORD. Before any [Harris County Flood
218	218	Control] District bonds authorized by this Act shall be sold, a
219	219	certified copy of the proceedings for the issuance thereof
220	220	including certificates showing the bonded indebtedness of the
221	221	District, certificates showing the assessed values of the property
222	222	in [of] the District [County], and certificates reflecting any
223	223	other information which the Attorney General of the State of Texas
224	224	may require, shall be submitted to the Attorney General; and if he
225	225	shall approve such bonds, he shall execute a certificate to that
226	226	effect, which shall be filed in the office of the Comptroller of
227	227	Public Accounts of the State of Texas.
228	228	No bonds shall be sold until the same shall have been
229	229	registered by the Comptroller who shall so register the same if the
230	230	Attorney General shall have filed with the Comptroller of Public
231	231	Accounts of the State of Texas his certificate approving the bonds
232	232	and the proceedings for the issuance thereof, as hereinabove
233	233	provided.
234	234	The [County] Treasurer shall keep a record in a well-bound
235	235	book of all bonds issued and shall register therein the amount of
236	236	bonds issued, the numbers, the denomination, rate of interest, date
237	237	due, date of issue, the paying agent, the amount received, and the
238	238	purchaser. The said book shall be at all times open to the
239	239	inspection of all proper parties, either taxpayers or bondholders
240	240	or officials of the State or County.
241	241	When such bonds have been registered with the [County]
242	242	Treasurer, the Board [Commissioners Court of said County] shall set
243	243	a date for the sale of such amount of bonds as may be needed to
244	244	procure funds to construct the improvements then contemplated and
245	245	pay the expenses incident thereto, and after advertising said bonds
246	246	for sale by notice published once a week for two (2) consecutive
247	247	weeks, shall sell such bonds upon the best terms and for the best
248	248	price obtainable, but none of said bonds shall be sold for less than
249	249	the face value thereof and accrued interest thereon to date of
250	250	delivery, and the purchase price of such bonds shall be paid to the
251	251	[County] Treasurer and shall be by him placed to the credit of the
252	252	[Harris County Flood Control] District and said funds shall be
253	253	available for the construction of the project and its operation as
254	254	voted; provided that the accrued interest and premium received
255	255	shall be credited to the interest and sinking fund of the District
256	256	[County] for such issue of bonds. No commission shall be paid for
257	257	the sale of any bonds.
258	258	All bonds approved by the Attorney General, registered by the
259	259	Comptroller, and issued and sold in accordance with the proceedings
260	260	so approved, shall be valid and binding obligations of the [Harris
261	261	County Flood Control] District [of Harris County, Texas,] and shall
262	262	be incontestable for any cause from and after the time of such
263	263	registration, except for forgery or fraud.
264	264	The Board [Commissioners Court] shall have the right to pay
265	265	all the necessary expenses incident to the printing, registering,
266	266	issuance, sale, and approval of such bonds.
267	267	Sec. 7. Form, Issuance, and Eligibility of Bonds. All bonds
268	268	issued under the provisions of this Act shall be issued in the name
269	269	of the [Harris County Flood Control] District [of Harris County,
270	270	Texas], and shall be signed by the presiding officer [County
271	271	Judge], attested by the secretary [County Clerk], and the seal of
272	272	the District [Commissioners Court of Harris County] shall be
273	273	affixed to each of them. Said bonds shall be registered with the
274	274	Harris County Treasurer and his Certificate of Registration shall
275	275	be endorsed on said bonds. The Board [governing body of the Harris
276	276	County Flood Control District], in the issuance of bonds voted by
277	277	the qualified taxpaying voters of said District, or in the issuance
278	278	of refunding bonds of said District, may issue such bonds in any
279	279	denomination it deems beneficial to the said District, as
280	280	determined in the order authorizing their issuance. The said bonds
281	281	shall bear interest at a rate not to exceed five (5) percentum per
282	282	annum, which interest shall be evidenced by attached coupons which
283	283	shall bear the facsimile signatures of the presiding officer
284	284	[County Judge] and of the secretary [County Clerk]. Said interest
285	285	shall be payable annually or semi-annually as determined by the
286	286	Board [governing body of the Harris County Flood Control District].
287	287	The bonds shall mature serially or otherwise in such number of years
288	288	as may be determined by the Board [Commissioners Court] not to
289	289	exceed thirty (30) years.
290	290	Payment of principal and interest may be made at such places
291	291	as may be determined by the Board [governing body of such District]
292	292	in the Order authorizing the issuance of such bonds.
293	293	All bonds of the [Harris County Flood Control] District shall
294	294	be and are hereby declared to be legal and authorized investments
295	295	for banks, savings banks, trust companies, building and loan
296	296	associations, savings and loan associations, insurance companies,
297	297	fiduciaries, trustees and sinking funds of cities, towns and
298	298	villages, counties, school districts, or other political
299	299	subdivisions of the State of Texas, and for all public funds of the
300	300	State of Texas or its agencies, including the State Permanent
301	301	School Fund. Such bonds shall be eligible to secure deposit of any
302	302	and all public funds of the State of Texas, and any and all public
303	303	funds of cities, towns, villages, counties, school districts or
304	304	other political subdivisions or corporations of the State of Texas;
305	305	and such bonds shall be lawful and sufficient security for said
306	306	deposits to the extent of their value, when accompanied by all
307	307	unmatured coupons appurtenant thereto.
308	308	Sec. 8. State Laws Applicable. All existing State Laws,
309	309	General or Special, applicable to contracts and to the receipt and
310	310	disbursement of, and accounting for, public funds in the District
311	311	[Harris County] are hereby made applicable to the contracts and to
312	312	the receipt and disbursement of, and accounting for, any funds
313	313	collected and disbursed under the terms of this Act. The provisions
314	314	of this Act shall be cumulative of any other laws upon the subject
315	315	matter.
316	316	Sec. 9. Use of Public Property. In the prosecution of the
317	317	flood control plans of the [Harris County Flood Control] District,
318	318	the District shall be recognized to have the right to make use of
319	319	the bed and banks of the bayous, rivers, and streams lying within
320	320	the District, subject to the prior right and authority of the Port
321	321	of [Harris County] Houston Authority of Harris County [Ship Channel
322	322	Navigation District] over the navigable streams in the Authority
323	323	[Navigation District] and the submerged lands heretofore given by
324	324	the State of Texas to that Authority [Navigation District].
325	325	The [Harris County Flood Control] District shall have a right
326	326	of way and easement over and across the roads and highways of the
327	327	State and its subdivisions for the construction and maintenance of
328	328	the flood control projects of the District, subject, however, to
329	329	the concurrence of the Texas Transportation [State Highway]
330	330	Commission whenever such projects require the relocation or
331	331	bridging of State highways.
332	332	The District shall have the power and authority to overflow
333	333	or inundate any public lands and public property, and to require the
334	334	relocation of roads and highways, in the manner and to the extent
335	335	permitted to any district organized under General Laws, pursuant to
336	336	Section 59 of Article XVI of the Constitution of this State, as
337	337	amended.
338	338	Sec. 10. Eminent Domain. The [Harris County Flood Control]
339	339	District shall have the right and power of eminent domain for the
340	340	purpose of acquiring by condemnation any and all property of any
341	341	kind, real, personal, or mixed, or any interest therein, within the
342	342	boundaries of the District, necessary or convenient to the exercise
343	343	of the rights, powers, privileges, and functions conferred upon it
344	344	by this Act, in the manner provided by General Law with respect to
345	345	condemnation, or, at the option of the Board [Commissioners Court],
346	346	in the manner provided by Statutes relative to condemnation by
347	347	districts organized under General Law pursuant to Section 59 of
348	348	Article XVI of the Constitution of the State of Texas, as amended.
349	349	In condemnation proceedings being prosecuted by said
350	350	District, the District shall not be required to give bond for appeal
351	351	or bond for costs.
352	352	Sec. 11. Taxes. All laws of the State of Texas relating to
353	353	the assessing and collecting of State and County Taxes are by this
354	354	Act made available for, and shall be applied to, the collection of
355	355	both current and delinquent taxes of the [Harris County Flood
356	356	Control] District in so far as such laws are applicable.
357	357	Sec. 12. Officers. The presiding officer, secretary,
358	358	treasurer, and Board of the District [County Judge, County
359	359	Commissioners], the Assessor and Collector of Taxes of each county
360	360	in the District, [the County Treasurer,] and the District's
361	361	depository are authorized to, and shall be required to, perform all
362	362	duties in connection with the [Flood Control] District required of
363	363	them by law in connection with official matters for [Harris County,
364	364	and the County Auditor shall be the Auditor for] the [Harris County
365	365	Flood Control] District [and all of the provisions of Articles 1667
366	366	through 1673, as amended, Acts of the Forty-third Legislature,
367	367	Regular Session, 1933, shall apply to the Harris County Flood
368	368	Control District].
369	369	Sec. 12-a. Tax Collector's Reports. If at any time after
370	370	the enactment of this law, the Legislature of the State of Texas
371	371	shall make any donation or grant or diversion or remission of taxes
372	372	to or affecting a county in the District [Harris County, Texas,] or
373	373	the District [flood control district herein created, in H.B. 24 or
374	374	in H.B. 158, Acts Regular Session, Forty-fifth Legislature], at the
375	375	end of each month [after the effective date of such Act,] the
376	376	Assessor and Collector of Taxes of each county in the District
377	377	[Harris County] shall make an itemized report under oath to the
378	378	Comptroller of Public Accounts of the State of Texas on forms to be
379	379	furnished by the Comptroller showing each and every item of the
380	380	State taxes collected by him upon property and from persons within
381	381	the District; and he shall accompany the same with an itemized
382	382	statement listing all taxes received and showing full disposal of
383	383	all such taxes collected. The said Assessor and Collector of Taxes
384	384	shall forward his report to the Comptroller, and shall make a like
385	385	report to the Treasurer [County Auditor,] and [he shall] pay over to
386	386	the [County] Treasurer all moneys collected by him as State taxes so
387	387	donated or granted under Legislative authority, less such amounts
388	388	as are allowed by law for assessing and collecting same, and shall
389	389	remit the balance to the proper authority as required by then
390	390	existing laws.
391	391	The Board [Commissioners Court], in its discretion, may
392	392	utilize the tax funds donated and granted by the State of Texas for
393	393	the construction of flood control improvements and other
394	394	improvements and purposes authorized by such enactments and the
395	395	maintenance or operation thereof; or may deposit the same in a
396	396	sinking fund to pay interest on and to redeem bonds of said District
397	397	or other obligations issued for such purposes, in the manner
398	398	hereinafter provided.
399	399	Sec. 12-b. Issuance of Bonds. The District may [County of
400	400	Harris, Texas, acting by and through its Commissioners Court, shall
401	401	have authority and it is hereby authorized to] issue [its]
402	402	negotiable bonds secured by a pledge of [any such] taxes hereafter
403	403	donated, granted, diverted or remitted by the State of Texas to [it
404	404	or] the [Flood Control] District [created herein by the terms of
405	405	H.B. 24 or H.B. 158 of the Regular Session, Forty-fifth
406	406	Legislature], and the proceeds of the sale of such bonds may be used
407	407	for purchasing lands, easements, right of ways, structures, and for
408	408	the construction of improvements, including dams, reservoirs, and
409	409	all other works suitable for use in connection with the flood
410	410	control program and projects in the District [said County] and the
411	411	maintenance and operation thereof, and doing all things necessary
412	412	to the execution of the purposes for which the grant and donation is
413	413	made; provided, however, that the aggregate amount of bonds to be
414	414	issued shall not exceed such sum as the donation and grant of the
415	415	State taxes will service so as to pay interest and to create a
416	416	sinking fund sufficient to pay said bonds at maturity.
417	417	In the event the Board [Commissioners Court of Harris County,
418	418	Texas,] shall determine by a majority vote on a Resolution entered
419	419	of record, giving the reasons therefor and showing that a necessity
420	420	exists for utilizing any tax funds hereafter donated and granted by
421	421	the State of Texas for the issuance of bonds in order to facilitate
422	422	the construction of improvements and make funds immediately
423	423	available, said bonds may be issued in the form and manner
424	424	hereinafter prescribed. The bonds so authorized and issued in
425	425	accordance with the provisions of this Act need not be issued at one
426	426	time. The amount of money necessary to provide a sinking fund to
427	427	mature said bonds and to pay the interest thereon shall be set aside
428	428	annually from the first of such hereafter donated and granted funds
429	429	received from an [the] Assessor and Collector of Taxes and said
430	430	funds may not be diverted to any other purpose. The Board [Officers
431	431	of the County] and the District's Depository are forbidden to
432	432	authorize the payment of any amount from said State taxes hereafter
433	433	so donated and granted until there has first been set aside
434	434	therefrom an amount sufficient to cover all servicing charges for
435	435	the bonds for the year. Thereupon and after the treasurer [Auditor]
436	436	has filed a certificate showing the deposit to the interest and
437	437	sinking fund of a sufficient amount to cover such servicing charges
438	438	for the year, any taxes hereafter donated, granted, diverted or
439	439	remitted to [Harris County or] the [Flood Control] District
440	440	[created herein by the State of Texas under the terms of H.B. 24 or
441	441	H.B. 158, Acts Regular Session, Forty-fifth Legislature,]
442	442	collected during the remainder of the year may be utilized for
443	443	purposes consistent with this Act. Should the necessity arise, the
444	444	Board [Commissioners Court] may supplement from its general funds
445	445	any State taxes hereafter donated and granted, but no tax shall ever
446	446	be levied or any debt be created against a [the] County in the
447	447	District for such purpose without a vote of the people. Any bonds
448	448	issued under this Section shall be in accordance with the
449	449	provisions of Subdivisions 1 and 2 of Title 22, Revised Civil
450	450	Statutes, 1925, and any amendments thereto applicable to bonds
451	451	issued by a county.
452	452	Sec. 12-c. OPERATION OF TOLL PROJECTS. (a) The District
453	453	shall have all the powers and duties of Chapter 284, Transportation
454	454	Code, as if the District were a county to which that chapter
455	455	applies.
456	456	(b) The District and the commissioners court of Harris
457	457	County shall enter into an agreement for the independent operation
458	458	and transfer of the assets, facilities, and programs of the Harris
459	459	County Toll Road Authority to the District.
460	460	SECTION 2. Section 1, Chapter 406, Acts of the 50th
461	461	Legislature, Regular Session, 1947, is amended to read as follows:
462	462	Sec. 1. In eminent domain proceedings brought by the Gulf
463	463	Coast Resiliency [Harris County Flood Control] District, the
464	464	District shall not be required to give any security for costs at any
465	465	stage of the proceedings. In the event that the District should
466	466	desire to take possession of the property sought to be condemned, it
467	467	may do so at any time after the award of the Special Commissioners
468	468	in eminent domain proceedings shall have been filed with the Judge
469	469	of the County Court in which the proceedings took place, or County
470	470	Court at Law in which the proceedings took place as the case may be,
471	471	upon deposit with the County Clerk of the county in which the
472	472	proceedings took place of the amount of the award. The District
473	473	shall not be required to deposit any further sums, nor to give any
474	474	bond for costs. No appeal from the finding and assessment of
475	475	damages by the Special Commissioners appointed for that purpose
476	476	shall have the effect of causing the suspension of work by the
477	477	District in connection with the land condemned or the right of way,
478	478	easement or other interest sought to be acquired. The findings of
479	479	the District's governing board [Commissioners Court] as to the plan
480	480	of the work, the necessity, the location and the type of improvement
481	481	shall be final and not subject to review except upon proof of actual
482	482	fraud or malfeasance in office.
483	483	SECTION 3. Sections 1, 2, and 3, Chapter 407, Acts of the
484	484	50th Legislature, Regular Session, 1947, are amended to read as
485	485	follows:
486	486	Sec. 1. The governing body of the Gulf Coast Resiliency
487	487	[Harris County Flood Control] District, (hereinafter called
488	488	"Board") may upon the petition of fifty (50) or more resident
489	489	qualified voters who own taxable property in the District and who
490	490	have rendered it for taxation, order an election for the purpose of
491	491	submitting to the resident qualified voters therein who own taxable
492	492	property therein and who have duly rendered it for taxation the
493	493	question of whether or not the Board shall be authorized to issue
494	494	the bonds of said District and to levy a tax for maintenance and
495	495	operation purposes; provided that the amount of the tax for bonds
496	496	and maintenance together in any one (1) year shall not exceed thirty
497	497	cents (30¢) on the One Hundred Dollars ($100) valuation of taxable
498	498	property in said District. The petition shall conform as near as
499	499	may be to the requirements of law now governing petitions for
500	500	election for bonds in such District, and the election shall not be
501	501	ordered until notice of hearing be published, and public hearing
502	502	had, as now provided by law for the holding of elections for the
503	503	issuance of bonds in said District.
504	504	Sec. 2. The time, place, manner and method of ordering,
505	505	giving notice of and holding the election, the questions and
506	506	propositions to be submitted, the form of the ballot, the time and
507	507	method of declaring the result and the issuance of the bonds shall
508	508	be governed as near as may be by the Statutes governing the holding
509	509	of elections and the issuance of [county] bonds as provided in
510	510	Chapters 1 and 2 of Title 22, Revised Civil Statutes, 1925[, as
511	511	modified by the Statutes creating the Harris County Flood Control
512	512	District]. The District may issue its bonds to mature serially or
513	513	otherwise not to exceed thirty (30) years after their date. The
514	514	governing body may also determine whether or not bonds shall
515	515	contain an option of redemption, and if so, the form and date of
516	516	such option. If the election be for a maintenance tax, then the
517	517	ballot shall have written or printed thereon the words "For the
518	518	Flood Control Maintenance Tax" and, "Against the Flood Control
519	519	Maintenance Tax," and the voter shall strike out one of said
520	520	expressions, leaving the other standing as his vote. When
521	521	authorized, the Board may thereafter levy annually a tax sufficient
522	522	to operate and maintain works and improvements owned or constructed
523	523	by the District, provided the amount of such tax does not exceed the
524	524	limit authorized.
525	525	Sec. 3. The Board shall have authority to issue refunding
526	526	bonds bearing the same or a lower rate of interest to refund any
527	527	bonds of the District theretofore issued and outstanding.
528	528	Refunding bonds may be issued serially or otherwise for any term of
529	529	years not exceeding thirty (30). Statutes governing refunding of
530	530	county bonds shall apply to refunding bonds of the [Harris County
531	531	Flood Control] District so far as applicable, except where
532	532	otherwise expressly provided by the laws relating to said District.
533	533	SECTION 4. Section 1, Chapter 258, Acts of the 55th
534	534	Legislature, Regular Session, 1957, is amended to read as follows:
535	535	Sec. 1. The governing body of the Gulf Coast Resiliency
536	536	[Harris County Flood Control] District shall have the right to
537	537	provide for and administer a retirement, disability and death
538	538	compensation fund for the appointive officers and employees of the
539	539	District as the governing body of the District may from time to time
540	540	determine; and the governing body of said District shall have power
541	541	and authority to adopt such plan or plans to effectuate the purpose
542	542	of this Act, including such forms of insurance or annuities,
543	543	(either or both), all as may be determined advisable by the
544	544	governing body of the District; providing that said governing body
545	545	of the District shall have the power and authority from time to
546	546	time, after notice to their employees and the hearing thereon, to
547	547	change any such plan, rule or regulation.
548	548	SECTION 5. Sections 1 and 4, Chapter 118, Acts of the 58th
549	549	Legislature, Regular Session, 1963, are amended to read as follows:
550	550	Sec. 1. Where the following defined words appear in this
551	551	Bill they are used in the manner set out below:
552	552	(1) "District" means the Gulf Coast Resiliency [Harris
553	553	County Flood Control] District.
554	554	(2) "Waterway" shall include any river, creek, bayou,
555	555	stream or other waterway, or any part thereof.
556	556	(3) "Landowner" means the person owning land affected by a
557	557	building setback line.
558	558	(4) "Notice by certified mail" means notice addressed to the
559	559	landowner at the last known address appearing in the records of the
560	560	Assessor and Collector of Taxes in connection with the land in
561	561	question, and deposited in the United States mail as certified
562	562	mail.
563	563	(5) The term "to erect any structure" includes erecting,
564	564	reconstructing, or substantially repairing any building or
565	565	structure, but "structure" shall not be deemed to include those
566	566	necessary or practical for the purpose of preventing erosion of
567	567	banks.
568	568	Sec. 4. a. After the governing body of the District has
569	569	completed such hearings and shall have found that the establishing
570	570	of such building setback lines is for the public health, safety and
571	571	general welfare of the people within the District, and for the
572	572	accomplishment of the purposes of Section 59 of Article XVI of the
573	573	Constitution of the State of Texas, as amended, said governing body
574	574	shall pass its resolution adopting such building setback lines.
575	575	Such resolution shall contain a description of the area included
576	576	within such building setback lines by either field notes or by map
577	577	or plat or by both, and a certified copy thereof shall be filed for
578	578	record immediately with the County Clerk of the affected county [of
579	579	Harris County].
580	580	b. Thereafter the governing body of the District may, upon
581	581	public hearing with like notice thereof, amend, supplement, grant
582	582	exceptions thereto, or alter the building setback lines so
583	583	established as may be determined necessary under the same standards
584	584	as provided in "a" above.
585	585	SECTION 6. Sections 1, 2, 3, and 4, Chapter 394, Acts of the
586	586	59th Legislature, Regular Session, 1965, are amended to read as
587	587	follows:
588	588	Sec. 1. For the purpose of promoting the public health,
589	589	safety and general welfare, and accomplishing the purposes of
590	590	Section 59 of Article XVI of the Constitution of the State of Texas,
591	591	as amended, the governing body of the Gulf Coast Resiliency [Harris
592	592	County Flood Control] District is hereby authorized to designate
593	593	areas within the boundaries of the [Harris County Flood Control]
594	594	District as flood hazard areas.
595	595	Sec. 2. Whenever the governing body of the [Harris County
596	596	Flood Control] District deems that the public health, safety and
597	597	general welfare, and the purposes of Section 59 of Article XVI of
598	598	the Constitution of the State of Texas, as amended, will be promoted
599	599	thereby, it shall, by resolution, designate flood hazard areas.
600	600	Such resolution or resolutions shall contain a description of the
601	601	area included within such flood hazard areas by either field notes
602	602	or by map or by both. The governing body of the [Harris County Flood
603	603	Control] District is further authorized to change and amend by
604	604	resolution the designation of such flood hazard areas thereafter as
605	605	in its discretion it may determine necessary.
606	606	Sec. 3. Before passing any resolution designating flood
607	607	hazard areas within the boundaries of the [Harris County Flood
608	608	Control] District, the governing body of the [Harris County Flood
609	609	Control] District shall hold at least one public hearing related
610	610	thereto after having given at least fifteen (15) days' notice of the
611	611	time and place of such hearing by the publication thereof in the
612	612	English language in a daily newspaper published within and having
613	613	general circulation within the [Harris County Flood Control]
614	614	District, such publication being at least fifteen (15) days prior
615	615	to the date of the hearing. Any hearing so set by the governing body
616	616	of the [Harris County Flood Control] District may be continued from
617	617	time to time until within the discretion of said governing body all
618	618	interested persons shall have had an opportunity to be heard. After
619	619	the governing body of the [Harris County Flood Control] District
620	620	has heard all interested persons and shall have found that the
621	621	designation of such flood hazard areas is for the public health,
622	622	safety and general welfare of the [Harris County Flood Control]
623	623	District, and for the accomplishment of the purposes of Section 59
624	624	of Article XVI of the Constitution of the State of Texas, as
625	625	amended, said governing body shall pass its resolution designating
626	626	such flood hazard areas. Thereafter the governing body of the
627	627	[Harris County Flood Control] District may, upon public hearing
628	628	with like notice thereof, change and amend the designated flood
629	629	hazard areas so established as in its discretion it may determine
630	630	necessary.
631	631	Sec. 4. Upon written request by any person, the [Harris
632	632	County Flood Control] District will prepare and furnish to said
633	633	person a report as to whether or not a particular lot or tract of
634	634	land, or any part thereof, lies within a designated flood hazard
635	635	area. The governing body of the [Harris County Flood Control]
636	636	District may charge a reasonable fee for such reports. The amount of
637	637	such fee, if any, shall be fixed by a resolution of the governing
638	638	body of the [Harris County Flood Control] District. The governing
639	639	body of the [Harris County Flood Control] District is further
640	640	authorized to change, by resolution, the amount of such fee
641	641	thereafter as in its discretion it may determine proper.
642	642	SECTION 7. Section 1, Chapter 409, Acts of the 73rd
643	643	Legislature, Regular Session, 1993, is amended to read as follows:
644	644	Sec. 1. RECREATIONAL AND ENVIRONMENTAL IMPROVEMENTS. (a)
645	645	The Gulf Coast Resiliency [Harris County Flood Control] District,
646	646	in connection with flood control facilities and projects, may
647	647	provide for or participate in the development, operation, or
648	648	maintenance of:
649	649	(1) linear parks along drainage courses maintained and
650	650	operated by the district;
651	651	(2) hike and bike trails;
652	652	(3) nonenclosed recreational facilities, including
653	653	game fields and playgrounds; and
654	654	(4) other environmental improvements, including
655	655	public or private nature reserves or wildlife habitat restoration
656	656	and improvement projects.
657	657	(b) In order to carry out the purposes of Subsection (a) of
658	658	this section, the district may execute contracts or enter into
659	659	cooperative agreements with:
660	660	(1) the federal government, a federal agency, or a
661	661	federally sponsored organization;
662	662	(2) the state, a state agency, a political subdivision
663	663	of the state, or any unit of local government;
664	664	(3) a nonprofit corporation or foundation;
665	665	(4) a private individual or corporation; or
666	666	(5) a public service organization or neighborhood
667	667	association.
668	668	(c) The district may use property, rights-of-way,
669	669	easements, or other land owned or managed by or otherwise available
670	670	to the district for the purposes of Subsection (a) of this section.
671	671	(d) The use by the district of any property owned or managed
672	672	by or otherwise available to the district for the purposes of
673	673	Subsection (a) of this section is determined to be consistent with
674	674	the use of that property for flood control purposes if the
675	675	improvements do not significantly impede the flow of floodwaters or
676	676	reduce the carrying capacity of the drainage facilities of the
677	677	district.
678	678	(e) The district shall exercise its powers and use its
679	679	property under this section:
680	680	(1) in an environmentally sensitive and aesthetically
681	681	pleasing manner that promotes public health, safety, and welfare;
682	682	(2) in compliance with all state and federal
683	683	requirements, including requirements imposed by law, by rule or
684	684	regulation, by grant conditions, or by program standards; and
685	685	(3) in a manner that qualifies for any reasonably
686	686	available source of funding for the improvements to be made.
687	687	(f) The district may spend its own funds for the purposes of
688	688	this section. The capital cost to the district of parks, trails,
689	689	facilities, and improvements under this section may not exceed five
690	690	percent of the total cost of the flood control facilities and
691	691	projects with which the improvements are associated. This section
692	692	does not limit the expenditure of funds from sources other than
693	693	taxes collected by the district.
694	694	(g) The exercise of powers, expenditure of funds, and use of
695	695	property by the district under this section are subject to the
696	696	control and discretion of the governing body of the district
697	697	[commissioners court].
698	698	SECTION 8. Section 1, Chapter 410, Acts of the 73rd
699	699	Legislature, Regular Session, 1993, is amended to read as follows:
700	700	Sec. 1. (a) The Gulf Coast Resiliency [Harris County Flood
701	701	Control] District may engage in wetlands mitigation projects and
702	702	programs as provided by Article 6, Chapter 3, Acts of the 72nd
703	703	Legislature, 1st Called Session, 1991 (Article 5421u, Vernon's
704	704	Texas Civil Statutes), and its subsequent amendments.
705	705	(b) The [Harris County Flood Control] District may provide
706	706	for or participate in the development, operation, or maintenance of
707	707	local, state, or federal storm water quality control and
708	708	improvement programs.
709	709	SECTION 9. The following provisions are repealed:
710	710	(1) Section 3A, Chapter 360, Acts of the 45th
711	711	Legislature, Regular Session, 1937; and
712	712	(2) Chapter 196, Acts of the 51st Legislature, Regular
713	713	Session, 1949.
714	714	SECTION 10. (a) As soon as practicable after the effective
715	715	date of this Act, the governor shall appoint members to the
716	716	governing body the Gulf Coast Resiliency District as required under
717	717	Section 1C, Chapter 360, Acts of the 45th Legislature, Regular
718	718	Session, 1937, as added by this Act.
719	719	(b) At the first meeting of the governing body of the Gulf
720	720	Coast Resiliency District that follows the effective date of this
721	721	Act, the five directors appointed by the governor shall draw lots to
722	722	determine which two directors will serve terms that expire on
723	723	January 1, 2025, and which three directors will serve terms that
724	724	expire on January 1, 2027.
725	725	(c) A member of the governing body of the Gulf Coast
726	726	Resiliency District serving on the effective date of this Act shall
727	727	continue in office until the member's successor is appointed and
728	728	qualifies for office.
729	729	SECTION 11. (a) In this section:
730	730	(1) "District" means the Gulf Coast Resiliency
731	731	District.
732	732	(2) "Authority" means the Harris County Toll Road
733	733	Authority.
734	734	(b) As soon as practicable after the effective date of this
735	735	Act, the district and the commissioners court of Harris County
736	736	shall enter into an agreement for the independent operation and
737	737	transfer of the assets, facilities, and programs of the authority
738	738	to the district as required by Section 12-c, Chapter 360, Acts of
739	739	the 45th Legislature, Regular Session, 1937, as added by this Act.
740	740	(c) An agreement described by Subsection (b) of this section
741	741	must:
742	742	(1) require that the transfer be completed not later
743	743	than 180 days after the agreement is entered into;
744	744	(2) require that Harris County transfer to the
745	745	district all electronic toll collection customer account
746	746	information necessary for the operation of the programs of the
747	747	authority subject to the agreement;
748	748	(3) require that not later than 90 days before the
749	749	completion of the transfer, notice of the transfer be provided to
750	750	all electronic toll collection customers affected by Subdivision
751	751	(2) of this subsection;
752	752	(4) ensure that contracts of the authority are not
753	753	impaired;
754	754	(5) provide for the disposition of any outstanding
755	755	bonds, debts, or other obligations of the authority; and
756	756	(6) include any other matter the authority and the
757	757	district determine necessary for the transfer required by Section
758	758	12-c, Chapter 360, Acts of the 45th Legislature, Regular Session,
759	759	1937, as added by this Act.
760	760	SECTION 12. The Gulf Coast Resiliency District retains all
761	761	rights, powers, privileges, authority, duties, and functions that
762	762	it had before the effective date of this Act.
763	763	SECTION 13. (a) The legal notice of the intention to
764	764	introduce this Act, setting forth the general substance of this
765	765	Act, has been published as provided by law, and the notice and a
766	766	copy of this Act have been furnished to all persons, agencies,
767	767	officials, or entities to which they are required to be furnished
768	768	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
769	769	Government Code.
770	770	(b) The governor, one of the required recipients, has
771	771	submitted the notice and Act to the Texas Commission on
772	772	Environmental Quality.
773	773	(c) The Texas Commission on Environmental Quality has filed
774	774	its recommendations relating to this Act with the governor, the
775	775	lieutenant governor, and the speaker of the house of
776	776	representatives within the required time.
777	777	(d) All requirements of the constitution and laws of this
778	778	state and the rules and procedures of the legislature with respect
779	779	to the notice, introduction, and passage of this Act are fulfilled
780	780	and accomplished.
781	781	SECTION 14. This Act takes effect immediately if it
782	782	receives a vote of two-thirds of all the members elected to each
783	783	house, as provided by Section 39, Article III, Texas Constitution.
784	784	If this Act does not receive the vote necessary for immediate
785	785	effect, this Act takes effect September 1, 2023.