1 | 1 | | S.B. No. 1250 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the powers of the Harris County Water Control and |
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6 | 6 | | Improvement District No. 110; providing authority to impose a fee |
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7 | 7 | | and impose fines and penalties. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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10 | 10 | | Code, is amended by adding Chapter 7938 to read as follows: |
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11 | 11 | | CHAPTER 7938. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT |
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12 | 12 | | NO. 110 |
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13 | 13 | | SUBCHAPTER A. GENERAL PROVISIONS |
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14 | 14 | | Sec. 7938.0101. DEFINITION. In this chapter, "district" |
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15 | 15 | | means the Harris County Water Control and Improvement District |
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16 | 16 | | No. 110. |
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17 | 17 | | SUBCHAPTER B. POWERS AND DUTIES |
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18 | 18 | | Sec. 7938.0201. AUTHORITY TO ISSUE CERTIFICATES OF |
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19 | 19 | | COMPLIANCE FOR STORMWATER DETENTION FACILITIES. (a) The district |
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20 | 20 | | may implement a program to require and issue an annual written |
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21 | 21 | | certificate of compliance to the owner or operator of a stormwater |
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22 | 22 | | detention facility within the boundaries of the district to ensure |
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23 | 23 | | that each stormwater detention facility is operating to abate |
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24 | 24 | | flooding as designed and approved by the applicable regulatory |
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25 | 25 | | authority. |
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26 | 26 | | (b) The district may assess reasonable charges and fees for |
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27 | 27 | | the implementation, administration, and enforcement of this |
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28 | 28 | | section. |
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29 | 29 | | (c) The district may impose a fine or penalty on the owner or |
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30 | 30 | | operator of a stormwater detention facility for the failure to hold |
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31 | 31 | | a certificate of compliance as required by the district under this |
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32 | 32 | | section. |
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33 | 33 | | (d) This section does not apply to a stormwater detention |
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34 | 34 | | facility that is owned or operated by a public entity other than the |
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35 | 35 | | district or that operates under a permit held by a public entity |
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36 | 36 | | other than the district. |
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37 | 37 | | SECTION 2. The Harris County Water Control and Improvement |
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38 | 38 | | District No. 110 retains all the rights, powers, privileges, |
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39 | 39 | | authority, duties, and functions that it had before the effective |
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40 | 40 | | date of this Act. |
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41 | 41 | | SECTION 3. (a) The legislature validates and confirms all |
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42 | 42 | | governmental acts and proceedings of the Harris County Water |
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43 | 43 | | Control and Improvement District No. 110 that were taken before the |
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44 | 44 | | effective date of this Act. |
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45 | 45 | | (b) This section does not apply to any matter that on the |
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46 | 46 | | effective date of this Act: |
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47 | 47 | | (1) is involved in litigation if the litigation |
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48 | 48 | | ultimately results in the matter being held invalid by a final court |
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49 | 49 | | judgment; or |
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50 | 50 | | (2) has been held invalid by a final court judgment. |
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51 | 51 | | SECTION 4. This Act takes effect immediately if it receives |
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52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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55 | 55 | | Act takes effect September 1, 2023. |
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56 | 56 | | ______________________________ ______________________________ |
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57 | 57 | | President of the Senate Speaker of the House |
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58 | 58 | | I hereby certify that S.B. No. 1250 passed the Senate on |
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59 | 59 | | April 12, 2023, by the following vote: Yeas 29, Nays 2; and that |
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60 | 60 | | the Senate concurred in House amendment on May 17, 2023, by the |
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61 | 61 | | following vote: Yeas 29, Nays 2. |
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62 | 62 | | ______________________________ |
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63 | 63 | | Secretary of the Senate |
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64 | 64 | | I hereby certify that S.B. No. 1250 passed the House, with |
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65 | 65 | | amendment, on May 12, 2023, by the following vote: Yeas 116, |
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66 | 66 | | Nays 24, two present not voting. |
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67 | 67 | | ______________________________ |
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68 | 68 | | Chief Clerk of the House |
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69 | 69 | | Approved: |
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70 | 70 | | ______________________________ |
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71 | 71 | | Date |
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72 | 72 | | ______________________________ |
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73 | 73 | | Governor |
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