Texas 2023 - 88th Regular

Texas Senate Bill SB2431 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R8376 MP-D
2	2	By: Bettencourt S.B. No. 2431
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; providing for
8	8	the appointment of the governing body.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 360, Acts of the 45th Legislature,
11	11	Regular Session, 1937, is amended by amending Sections 1, 2, 2A, 3,
12	12	4, 5, 6, 7, 8, 9, 10, 11, 12, 12-a, and 12-b and adding Sections 1A,
13	13	1B, and 1C to read as follows:
14	14	Sec. 1. Gulf Coast Resiliency [Harris County Flood Control]
15	15	District Created. There is hereby created and established within
16	16	the State of Texas, in addition to the districts into which the
17	17	State has heretofore been divided, in the form and manner
18	18	hereinafter provided, a conservation and reclamation district to be
19	19	known as the Gulf Coast Resiliency [Harris County Flood Control]
20	20	District, hereinafter called the District[, and consisting of that
21	21	part of the State of Texas which is known as and included within the
22	22	boundaries of the County of Harris]. Such District shall be a
23	23	governmental agency and body politic and corporate, with the powers
24	24	of government and with the authority to exercise the rights,
25	25	privileges, and functions hereinafter specified, the creation and
26	26	establishment of such District being essential to the
27	27	accomplishment of the purposes of Section 59 of Article XVI of the
28	28	Constitution of the State of Texas, as amended, including the
29	29	control, storing, preservation, and distribution of the storm and
30	30	flood waters, and the waters of the rivers and streams within the
31	31	bounds of the District [in Harris County] and their tributaries,
32	32	for domestic, municipal, flood control, irrigation, and other
33	33	useful purposes, the reclamation and drainage of the overflow land
34	34	within the bounds of the District [of Harris County], the
35	35	conservation of forests, and to aid in the protection of navigation
36	36	on the navigable waters by regulating the flood and storm waters
37	37	that flow into said navigable streams.
38	38	[The Commissioners Court of Harris County, Texas, is hereby
39	39	designated as the governing body of such District and the agency
40	40	through which the management and control of the District shall be
41	41	administered, and it is hereby empowered to do any and all things
42	42	necessary to carry out the aims and purposes of this Act.]
43	43	Sec. 1A. DEFINITIONS. In this Act:
44	44	(1) "Board" means the governing body of the district.
45	45	(2) "District" means the Gulf Coast Resiliency
46	46	District.
47	47	(3) "Presiding officer" means the presiding officer of
48	48	the board.
49	49	(4) "Secretary" means the secretary of the board.
50	50	(5) "Treasurer" means the treasurer of the board.
51	51	Sec. 1B. DISTRICT TERRITORY. The boundaries of the
52	52	district are coextensive with the boundaries of Harris County.
53	53	Sec. 1C. BOARD; TERMS. (a) The board is composed of five
54	54	members who are appointed by the governor with the advice and
55	55	consent of the senate.
56	56	(b) The members of the board hold office for staggered terms
57	57	of four years, with the terms of two or three members expiring
58	58	January 1 of each odd-numbered year. Each member holds office until
59	59	a successor is appointed and has qualified.
60	60	(c) The governor shall designate one member as the presiding
61	61	officer of the board to serve at the will of the governor. The board
62	62	shall elect from among its members a secretary and a treasurer and
63	63	other officers the presiding officer considers necessary.
64	64	(d) A member of the board may not receive compensation but
65	65	is entitled to reimbursement of the travel expenses incurred by the
66	66	member while conducting the business of the board.
67	67	Sec. 2. Added Powers. In addition to the powers given to the
68	68	Board [Commissioners Court] by General Laws and in addition to the
69	69	general powers herein given, it shall be authorized in connection
70	70	with the [Harris County Flood Control] District to exercise the
71	71	following added rights, powers, privileges, and functions:
72	72	a. To acquire land and rights and interest therein and any
73	73	other character of property needed to carry on the work of flood
74	74	control, by gift, devise, purchase, or condemnation;
75	75	b. To sell, trade, or otherwise dispose of land or other
76	76	property or rights therein when the same are no longer needed for
77	77	the project or flood control purposes;
78	78	c. To hire [appoint] a flood control manager and other
79	79	[such] agents and employees [of the County] for flood control
80	80	purposes as may be necessary, including an engineer and counsel,
81	81	and to prescribe their duties and fix their bonds and compensation;
82	82	d. To authorize its officers, employees, or agents to go
83	83	upon any lands lying within the District for the purpose of making
84	84	surveys and examining the same in connection with flood control
85	85	plans and projects, and for any other lawful purpose within the
86	86	scope of its authority;
87	87	e. To devise plans and construct works to lessen and control
88	88	floods; to reclaim lands in the District; to prevent the deposit of
89	89	silt in navigable streams; to remove obstructions, natural or
90	90	artificial, from streams and water courses; to regulate the flow of
91	91	surface and flood waters; and to provide drainage where essential
92	92	to the flood control project;
93	93	f. To exercise all powers, rights, privileges, and
94	94	functions conferred by general law upon flood control districts
95	95	created pursuant to Section 59 of Article XVI of the Constitution of
96	96	Texas [, as amended, so far as the same may be applicable to Harris
97	97	County and essential to the flood control project];
98	98	g. To cooperate with and contract with the United States of
99	99	America or with any of its agencies now existing, or which may be
100	100	created hereafter, for grants, loans, or advancements to carry out
101	101	any of the powers or to further any of the purposes set forth in this
102	102	Act and to receive and use said moneys for such purposes; or to
103	103	contribute to the United States of America or any of its agencies in
104	104	connection with any project undertaken by it affecting or relating
105	105	to flood control in the District [Harris County];
106	106	h. To cooperate [with,] or [to] contract with a municipality
107	107	or county within the District, [the City of Houston, or] any
108	108	adjacent county, or any agency or political subdivision of the
109	109	State [, or any city or town within Harris County] in relation to
110	110	surveys, the acquisition of land or right of ways, the construction
111	111	or maintenance of projects or parts thereof or the financing of the
112	112	same in connection with any matter within the scope of this Act;
113	113	i. To sue and be sued in any proper case under the laws of
114	114	this State; and all courts shall take judicial notice of the
115	115	establishment of the said District; and
116	116	j. To do any and all other acts or things necessary or proper
117	117	to carry into effect the foregoing powers.
118	118	Sec. 2A. Right to Remove Property. [(a) In this section,
119	119	"district" means the Harris County Flood Control District.
120	120	[(b)] In order to carry out district purposes, the district
121	121	may remove real or personal property placed on land owned by the
122	122	district or land subject to an easement held by the district,
123	123	regardless of when the real or personal property was put in place
124	124	and without the consent of the owner of the property. The district
125	125	must send notice by certified mail to the owner of property on which
126	126	the district intends to act under this section. Not earlier than
127	127	the 30th day after the date the notice is sent, the district must
128	128	send a second notice by certified mail. The district may use
129	129	existing civil lawsuit processes against the owner of the property
130	130	to recover the cost of removing the property not earlier than the
131	131	30th day after the date the second notice was received.
132	132	Sec. 3. Petition for Hearing. A petition may be filed with
133	133	the Board [County Clerk of Harris County for submission to the
134	134	Commissioners Court], signed by not less than fifty (50) qualified
135	135	property taxpaying voters resident of the District [said County]
136	136	who own and assess property therein, accompanied by the certificate
137	137	of the Assessor and Collector of Taxes showing that such persons
138	138	have correctly stated the facts with respect to their
139	139	qualifications to sign the petition, which petition may request the
140	140	submission to the qualified voters the question of the issuance of a
141	141	named amount of bonds for flood control purposes under the
142	142	provisions of Section 59 of Article XVI of the Constitution of the
143	143	State of Texas, as amended. Said petition shall set out the general
144	144	nature of the work to be done, the necessity therefor, the
145	145	feasibility thereof, and a reasonable amount of detail with respect
146	146	to the matters alleged, sufficient to inform the Board
147	147	[Commissioners Court] fully of the purpose, utility, feasibility,
148	148	and necessity therefor. The petition shall state the estimated
149	149	cost of the project as then estimated and its operating costs and
150	150	shall give such additional information as may be available for the
151	151	purpose. The petition shall request that the Board [Commissioners
152	152	Court] hear evidence of the feasibility, practicability, and cost
153	153	of the project and whether or not the same would be a public benefit
154	154	and is needed, and that an election be called to determine whether
155	155	or not said bonds shall be issued.
156	156	Sec. 4. Notice of Hearing. Notice of such hearing shall be
157	157	given by publication once a week for two (2) consecutive weeks prior
158	158	to the date fixed for such hearing and exclusive thereof in a daily
159	159	newspaper published in the District [Harris County] which said
160	160	notice shall consist of a certified copy of the petition and of the
161	161	order of the Board [Court] setting the same for hearing and shall be
162	162	signed by the presiding officer [County Judge]. In addition
163	163	thereto, the Sheriff of each county in the District [Harris County]
164	164	shall post at least fifteen (15) days prior to the date of hearing,
165	165	one copy of said notice at each of four (4) public places in each
166	166	county in the District [Harris County] and one copy thereof at the
167	167	Courthouse door of each county in the District, and said sheriff and
168	168	the editor of the newspaper in which said notice is published shall
169	169	make due return under oath showing the dates of posting and
170	170	publication, respectively.
171	171	Sec. 5. Hearing. The Board [Commissioners Court] shall
172	172	have jurisdiction to hear, consider, and determine the matters
173	173	brought before it in said petition and by the evidence produced in
174	174	favor of and against the proposition to issue bonds. The hearing
175	175	may be continued from day to day. Should the Board [Court] refuse
176	176	said petition it shall so find and its orders shall be recorded in
177	177	its minutes refusing said petition and giving its reasons therefor.
178	178	Should the Board [Commissioners Court] determine that the
179	179	proposition to issue such bonds should be submitted at an election
180	180	called for the purpose it shall thereupon enter its order making its
181	181	findings with respect to the matters herein provided for and shall
182	182	be authorized to submit in accordance with the provisions of the
183	183	Constitution and with Subdivisions 1 and 2 of Title 22 of the
184	184	Revised Civil Statutes of Texas of 1925, to an election of the
185	185	qualified property taxpaying voters resident of the District [said
186	186	County] who own and assess property therein, the question of a bond
187	187	issue for the purpose of providing said funds, and the District
188	188	[said County] is given the right, after a majority vote of the
189	189	electors qualified as herein required in favor of the proposition
190	190	to issue bonds, to issue flood control bonds as authorized by
191	191	Section 59 of Article XVI of the Constitution of the State of Texas,
192	192	as amended, upon a compliance with the provisions of Subdivisions 1
193	193	and 2 of Title 22, Revised Civil Statutes of Texas of 1925, and with
194	194	this Section, and within the limitations therein prescribed; and to
195	195	levy and assess upon all the property subject to taxation in the
196	196	District [said County], and thereafter to collect such taxes as may
197	197	annually be required to pay the interest on the bonds voted at said
198	198	election and to create a sinking fund sufficient to retire said
199	199	bonds at maturity; provided that additional bonds may be issued
200	200	from time to time in like manner and under the same procedure.
201	201	Provided further, however, that the initial issuance of bonds
202	202	shall not be for a sum which will require a tax rate in excess of
203	203	Fifteen (15) Cents on the one hundred dollars valuation on the
204	204	property within said District, nor shall any subsequent issue of
205	205	said bonds be authorized the effect of which will be to increase the
206	206	tax rate for all outstanding bonds of said District including such
207	207	issue to an amount in excess of Fifteen (15) Cents on the one
208	208	hundred dollars valuation to pay the interest on said bonds and to
209	209	create a sinking fund to retire the same at maturity.
210	210	Sec. 6. BOND RECORD. Before any [Harris County Flood
211	211	Control] District bonds authorized by this Act shall be sold, a
212	212	certified copy of the proceedings for the issuance thereof
213	213	including certificates showing the bonded indebtedness of the
214	214	District, certificates showing the assessed values of the property
215	215	in [of] the District [County], and certificates reflecting any
216	216	other information which the Attorney General of the State of Texas
217	217	may require, shall be submitted to the Attorney General; and if he
218	218	shall approve such bonds, he shall execute a certificate to that
219	219	effect, which shall be filed in the office of the Comptroller of
220	220	Public Accounts of the State of Texas.
221	221	No bonds shall be sold until the same shall have been
222	222	registered by the Comptroller who shall so register the same if the
223	223	Attorney General shall have filed with the Comptroller of Public
224	224	Accounts of the State of Texas his certificate approving the bonds
225	225	and the proceedings for the issuance thereof, as hereinabove
226	226	provided.
227	227	The [County] Treasurer shall keep a record in a well-bound
228	228	book of all bonds issued and shall register therein the amount of
229	229	bonds issued, the numbers, the denomination, rate of interest, date
230	230	due, date of issue, the paying agent, the amount received, and the
231	231	purchaser. The said book shall be at all times open to the
232	232	inspection of all proper parties, either taxpayers or bondholders
233	233	or officials of the State or County.
234	234	When such bonds have been registered with the [County]
235	235	Treasurer, the Board [Commissioners Court of said County] shall set
236	236	a date for the sale of such amount of bonds as may be needed to
237	237	procure funds to construct the improvements then contemplated and
238	238	pay the expenses incident thereto, and after advertising said bonds
239	239	for sale by notice published once a week for two (2) consecutive
240	240	weeks, shall sell such bonds upon the best terms and for the best
241	241	price obtainable, but none of said bonds shall be sold for less than
242	242	the face value thereof and accrued interest thereon to date of
243	243	delivery, and the purchase price of such bonds shall be paid to the
244	244	[County] Treasurer and shall be by him placed to the credit of the
245	245	[Harris County Flood Control] District and said funds shall be
246	246	available for the construction of the project and its operation as
247	247	voted; provided that the accrued interest and premium received
248	248	shall be credited to the interest and sinking fund of the District
249	249	[County] for such issue of bonds. No commission shall be paid for
250	250	the sale of any bonds.
251	251	All bonds approved by the Attorney General, registered by the
252	252	Comptroller, and issued and sold in accordance with the proceedings
253	253	so approved, shall be valid and binding obligations of the [Harris
254	254	County Flood Control] District [of Harris County, Texas,] and shall
255	255	be incontestable for any cause from and after the time of such
256	256	registration, except for forgery or fraud.
257	257	The Board [Commissioners Court] shall have the right to pay
258	258	all the necessary expenses incident to the printing, registering,
259	259	issuance, sale, and approval of such bonds.
260	260	Sec. 7. Form, Issuance, and Eligibility of Bonds. All bonds
261	261	issued under the provisions of this Act shall be issued in the name
262	262	of the [Harris County Flood Control] District [of Harris County,
263	263	Texas], and shall be signed by the presiding officer [County
264	264	Judge], attested by the secretary [County Clerk], and the seal of
265	265	the District [Commissioners Court of Harris County] shall be
266	266	affixed to each of them. Said bonds shall be registered with the
267	267	Harris County Treasurer and his Certificate of Registration shall
268	268	be endorsed on said bonds. The Board [governing body] of the
269	269	[Harris County Flood Control] District, in the issuance of bonds
270	270	voted by the qualified taxpaying voters of said District, or in the
271	271	issuance of refunding bonds of said District, may issue such bonds
272	272	in any denomination it deems beneficial to the said District, as
273	273	determined in the order authorizing their issuance. The said bonds
274	274	shall bear interest at a rate not to exceed five (5) percentum per
275	275	annum, which interest shall be evidenced by attached coupons which
276	276	shall bear the facsimile signatures of the presiding officer
277	277	[County Judge] and of the secretary [County Clerk]. Said interest
278	278	shall be payable annually or semi-annually as determined by the
279	279	Board [governing body] of the [Harris County Flood Control]
280	280	District. The bonds shall mature serially or otherwise in such
281	281	number of years as may be determined by the Board [Commissioners
282	282	Court] not to exceed thirty (30) years.
283	283	Payment of principal and interest may be made at such places
284	284	as may be determined by the Board [governing body] of such District
285	285	in the Order authorizing the issuance of such bonds.
286	286	All bonds of the [Harris County Flood Control] District shall
287	287	be and are hereby declared to be legal and authorized investments
288	288	for banks, savings banks, trust companies, building and loan
289	289	associations, savings and loan associations, insurance companies,
290	290	fiduciaries, trustees and sinking funds of cities, towns and
291	291	villages, counties, school districts, or other political
292	292	subdivisions of the State of Texas, and for all public funds of the
293	293	State of Texas or its agencies, including the State Permanent
294	294	School Fund. Such bonds shall be eligible to secure deposit of any
295	295	and all public funds of the State of Texas, and any and all public
296	296	funds of cities, towns, villages, counties, school districts or
297	297	other political subdivisions or corporations of the State of Texas;
298	298	and such bonds shall be lawful and sufficient security for said
299	299	deposits to the extent of their value, when accompanied by all
300	300	unmatured coupons appurtenant thereto.
301	301	Sec. 8. State Laws Applicable. All existing State Laws,
302	302	General or Special, applicable to contracts and to the receipt and
303	303	disbursement of, and accounting for, public funds in the District
304	304	[Harris County] are hereby made applicable to the contracts and to
305	305	the receipt and disbursement of, and accounting for, any funds
306	306	collected and disbursed under the terms of this Act. The provisions
307	307	of this Act shall be cumulative of any other laws upon the subject
308	308	matter.
309	309	Sec. 9. Use of Public Property. In the prosecution of the
310	310	flood control plans of the [Harris County Flood Control] District,
311	311	the District shall be recognized to have the right to make use of
312	312	the bed and banks of the bayous, rivers, and streams lying within
313	313	the District, subject to the prior right and authority of the Port
314	314	of [Harris County] Houston Authority [Ship Channel Navigation
315	315	District] over the navigable streams in the Authority [Navigation
316	316	District] and the submerged lands heretofore given by the State of
317	317	Texas to that Authority [Navigation District].
318	318	The [Harris County Flood Control] District shall have a right
319	319	of way and easement over and across the roads and highways of the
320	320	State and its subdivisions for the construction and maintenance of
321	321	the flood control projects of the District, subject, however, to
322	322	the concurrence of the Texas Transportation [State Highway]
323	323	Commission whenever such projects require the relocation or
324	324	bridging of State highways.
325	325	The District shall have the power and authority to overflow
326	326	or inundate any public lands and public property, and to require the
327	327	relocation of roads and highways, in the manner and to the extent
328	328	permitted to any district organized under General Laws, pursuant to
329	329	Section 59 of Article XVI of the Constitution of this State, as
330	330	amended.
331	331	Sec. 10. Eminent Domain. The [Harris County Flood Control]
332	332	District shall have the right and power of eminent domain for the
333	333	purpose of acquiring by condemnation any and all property of any
334	334	kind, real, personal, or mixed, or any interest therein, within the
335	335	boundaries of the District, necessary or convenient to the exercise
336	336	of the rights, powers, privileges, and functions conferred upon it
337	337	by this Act, in the manner provided by General Law with respect to
338	338	condemnation, or, at the option of the Board [Commissioners Court],
339	339	in the manner provided by Statutes relative to condemnation by
340	340	districts organized under General Law pursuant to Section 59 of
341	341	Article XVI of the Constitution of the State of Texas, as amended.
342	342	In condemnation proceedings being prosecuted by said
343	343	District, the District shall not be required to give bond for appeal
344	344	or bond for costs.
345	345	Sec. 11. Taxes. All laws of the State of Texas relating to
346	346	the assessing and collecting of State and County Taxes are by this
347	347	Act made available for, and shall be applied to, the collection of
348	348	both current and delinquent taxes of the [Harris County Flood
349	349	Control] District in so far as such laws are applicable.
350	350	Sec. 12. Officers. The presiding officer, secretary,
351	351	treasurer, and Board of the District [County Judge, County
352	352	Commissioners], the Assessor and Collector of Taxes of each county
353	353	in the District, [the County Treasurer,] and the District's
354	354	depository are authorized to, and shall be required to, perform all
355	355	duties in connection with the [Flood Control] District required of
356	356	them by law in connection with official matters for [Harris County,
357	357	and the County Auditor shall be the Auditor for] the [Harris County
358	358	Flood Control] District [and all of the provisions of Articles 1667
359	359	through 1673, as amended, Acts of the Forty-third Legislature,
360	360	Regular Session, 1933, shall apply to the Harris County Flood
361	361	Control District].
362	362	Sec. 12-a. Tax Collector's Reports. If at any time after
363	363	the enactment of this law, the Legislature of the State of Texas
364	364	shall make any donation or grant or diversion or remission of taxes
365	365	to or affecting a county in the District [Harris County, Texas,] or
366	366	the District [flood control district herein created, in H.B. 24 or
367	367	in H.B. 158, Acts Regular Session, Forty-fifth Legislature], at the
368	368	end of each month [after the effective date of such Act,] the
369	369	Assessor and Collector of Taxes of each county in the District
370	370	[Harris County] shall make an itemized report under oath to the
371	371	Comptroller of Public Accounts of the State of Texas on forms to be
372	372	furnished by the Comptroller showing each and every item of the
373	373	State taxes collected by him upon property and from persons within
374	374	the District; and he shall accompany the same with an itemized
375	375	statement listing all taxes received and showing full disposal of
376	376	all such taxes collected. The said Assessor and Collector of Taxes
377	377	shall forward his report to the Comptroller, and shall make a like
378	378	report to the Treasurer [County Auditor,] and [he shall] pay over to
379	379	the [County] Treasurer all moneys collected by him as State taxes so
380	380	donated or granted under Legislative authority, less such amounts
381	381	as are allowed by law for assessing and collecting same, and shall
382	382	remit the balance to the proper authority as required by then
383	383	existing laws.
384	384	The Board [Commissioners Court], in its discretion, may
385	385	utilize the tax funds donated and granted by the State of Texas for
386	386	the construction of flood control improvements and other
387	387	improvements and purposes authorized by such enactments and the
388	388	maintenance or operation thereof; or may deposit the same in a
389	389	sinking fund to pay interest on and to redeem bonds of said District
390	390	or other obligations issued for such purposes, in the manner
391	391	hereinafter provided.
392	392	Sec. 12-b. Issuance of Bonds. The District may [County of
393	393	Harris, Texas, acting by and through its Commissioners Court, shall
394	394	have authority and it is hereby authorized to] issue [its]
395	395	negotiable bonds secured by a pledge of [any such] taxes hereafter
396	396	donated, granted, diverted or remitted by the State of Texas to [it
397	397	or] the [Flood Control] District [created herein by the terms of
398	398	H.B. 24 or H.B. 158 of the Regular Session, Forty-fifth
399	399	Legislature], and the proceeds of the sale of such bonds may be used
400	400	for purchasing lands, easements, right of ways, structures, and for
401	401	the construction of improvements, including dams, reservoirs, and
402	402	all other works suitable for use in connection with the flood
403	403	control program and projects in the District [said County] and the
404	404	maintenance and operation thereof, and doing all things necessary
405	405	to the execution of the purposes for which the grant and donation is
406	406	made; provided, however, that the aggregate amount of bonds to be
407	407	issued shall not exceed such sum as the donation and grant of the
408	408	State taxes will service so as to pay interest and to create a
409	409	sinking fund sufficient to pay said bonds at maturity.
410	410	In the event the Board [Commissioners Court of Harris County,
411	411	Texas,] shall determine by a majority vote on a Resolution entered
412	412	of record, giving the reasons therefor and showing that a necessity
413	413	exists for utilizing any tax funds hereafter donated and granted by
414	414	the State of Texas for the issuance of bonds in order to facilitate
415	415	the construction of improvements and make funds immediately
416	416	available, said bonds may be issued in the form and manner
417	417	hereinafter prescribed. The bonds so authorized and issued in
418	418	accordance with the provisions of this Act need not be issued at one
419	419	time. The amount of money necessary to provide a sinking fund to
420	420	mature said bonds and to pay the interest thereon shall be set aside
421	421	annually from the first of such hereafter donated and granted funds
422	422	received from an [the] Assessor and Collector of Taxes and said
423	423	funds may not be diverted to any other purpose. The Board [Officers
424	424	of the County] and the District's Depository are forbidden to
425	425	authorize the payment of any amount from said State taxes hereafter
426	426	so donated and granted until there has first been set aside
427	427	therefrom an amount sufficient to cover all servicing charges for
428	428	the bonds for the year. Thereupon and after the treasurer [Auditor]
429	429	has filed a certificate showing the deposit to the interest and
430	430	sinking fund of a sufficient amount to cover such servicing charges
431	431	for the year, any taxes hereafter donated, granted, diverted or
432	432	remitted to [Harris County or] the [Flood Control] District
433	433	[created herein by the State of Texas under the terms of H.B. 24 or
434	434	H.B. 158, Acts Regular Session, Forty-fifth Legislature,]
435	435	collected during the remainder of the year may be utilized for
436	436	purposes consistent with this Act. Should the necessity arise, the
437	437	Board [Commissioners Court] may supplement from its general funds
438	438	any State taxes hereafter donated and granted, but no tax shall ever
439	439	be levied or any debt be created against a [the] County in the
440	440	District for such purpose without a vote of the people. Any bonds
441	441	issued under this Section shall be in accordance with the
442	442	provisions of Subdivisions 1 and 2 of Title 22, Revised Civil
443	443	Statutes, 1925, and any amendments thereto applicable to bonds
444	444	issued by a county.
445	445	SECTION 2. Section 1, Chapter 406, Acts of the 50th
446	446	Legislature, Regular Session, 1947, is amended to read as follows:
447	447	Sec. 1. In eminent domain proceedings brought by the Gulf
448	448	Coast Resiliency [Harris County Flood Control] District, the
449	449	District shall not be required to give any security for costs at any
450	450	stage of the proceedings. In the event that the District should
451	451	desire to take possession of the property sought to be condemned, it
452	452	may do so at any time after the award of the Special Commissioners
453	453	in eminent domain proceedings shall have been filed with the Judge
454	454	of the County Court in which the proceedings took place, or County
455	455	Court at Law in which the proceedings took place as the case may be,
456	456	upon deposit with the County Clerk of the county in which the
457	457	proceedings took place of the amount of the award. The District
458	458	shall not be required to deposit any further sums, nor to give any
459	459	bond for costs. No appeal from the finding and assessment of
460	460	damages by the Special Commissioners appointed for that purpose
461	461	shall have the effect of causing the suspension of work by the
462	462	District in connection with the land condemned or the right of way,
463	463	easement or other interest sought to be acquired. The findings of
464	464	the District's governing board [Commissioners Court] as to the plan
465	465	of the work, the necessity, the location and the type of improvement
466	466	shall be final and not subject to review except upon proof of actual
467	467	fraud or malfeasance in office.
468	468	SECTION 3. Sections 1, 2, and 3, Chapter 407, Acts of the
469	469	50th Legislature, Regular Session, 1947, are amended to read as
470	470	follows:
471	471	Sec. 1. The governing body of the Gulf Coast Resiliency
472	472	[Harris County Flood Control] District, (hereinafter called
473	473	"Board") may upon the petition of fifty (50) or more resident
474	474	qualified voters who own taxable property in the District and who
475	475	have rendered it for taxation, order an election for the purpose of
476	476	submitting to the resident qualified voters therein who own taxable
477	477	property therein and who have duly rendered it for taxation the
478	478	question of whether or not the Board shall be authorized to issue
479	479	the bonds of said District and to levy a tax for maintenance and
480	480	operation purposes; provided that the amount of the tax for bonds
481	481	and maintenance together in any one (1) year shall not exceed thirty
482	482	cents (30¢) on the One Hundred Dollars ($100) valuation of taxable
483	483	property in said District. The petition shall conform as near as
484	484	may be to the requirements of law now governing petitions for
485	485	election for bonds in such District, and the election shall not be
486	486	ordered until notice of hearing be published, and public hearing
487	487	had, as now provided by law for the holding of elections for the
488	488	issuance of bonds in said District.
489	489	Sec. 2. The time, place, manner and method of ordering,
490	490	giving notice of and holding the election, the questions and
491	491	propositions to be submitted, the form of the ballot, the time and
492	492	method of declaring the result and the issuance of the bonds shall
493	493	be governed as near as may be by the Statutes governing the holding
494	494	of elections and the issuance of [county] bonds as provided in
495	495	Chapters 1 and 2 of Title 22, Revised Civil Statutes, 1925[, as
496	496	modified by the Statutes creating the Harris County Flood Control
497	497	District]. The District may issue its bonds to mature serially or
498	498	otherwise not to exceed thirty (30) years after their date. The
499	499	governing body may also determine whether or not bonds shall
500	500	contain an option of redemption, and if so, the form and date of
501	501	such option. If the election be for a maintenance tax, then the
502	502	ballot shall have written or printed thereon the words "For the
503	503	Flood Control Maintenance Tax" and, "Against the Flood Control
504	504	Maintenance Tax," and the voter shall strike out one of said
505	505	expressions, leaving the other standing as his vote. When
506	506	authorized, the Board may thereafter levy annually a tax sufficient
507	507	to operate and maintain works and improvements owned or constructed
508	508	by the District, provided the amount of such tax does not exceed the
509	509	limit authorized.
510	510	Sec. 3. The Board shall have authority to issue refunding
511	511	bonds bearing the same or a lower rate of interest to refund any
512	512	bonds of the District theretofore issued and outstanding.
513	513	Refunding bonds may be issued serially or otherwise for any term of
514	514	years not exceeding thirty (30). Statutes governing refunding of
515	515	county bonds shall apply to refunding bonds of the [Harris County
516	516	Flood Control] District so far as applicable, except where
517	517	otherwise expressly provided by the laws relating to said District.
518	518	SECTION 4. Section 1, Chapter 258, Acts of the 55th
519	519	Legislature, Regular Session, 1957, is amended to read as follows:
520	520	Sec. 1. The governing body of the Gulf Coast Resiliency
521	521	[Harris County Flood Control] District shall have the right to
522	522	provide for and administer a retirement, disability and death
523	523	compensation fund for the appointive officers and employees of the
524	524	District as the governing body of the District may from time to time
525	525	determine; and the governing body of said District shall have power
526	526	and authority to adopt such plan or plans to effectuate the purpose
527	527	of this Act, including such forms of insurance or annuities,
528	528	(either or both), all as may be determined advisable by the
529	529	governing body of the District; providing that said governing body
530	530	of the District shall have the power and authority from time to
531	531	time, after notice to their employees and the hearing thereon, to
532	532	change any such plan, rule or regulation.
533	533	SECTION 5. Sections 1 and 4, Chapter 118, Acts of the 58th
534	534	Legislature, Regular Session, 1963, are amended to read as follows:
535	535	Sec. 1. Where the following defined words appear in this
536	536	Bill they are used in the manner set out below:
537	537	(1) "District" means the Gulf Coast Resiliency [Harris
538	538	County Flood Control] District.
539	539	(2) "Waterway" shall include any river, creek, bayou,
540	540	stream or other waterway, or any part thereof.
541	541	(3) "Landowner" means the person owning land affected by a
542	542	building setback line.
543	543	(4) "Notice by certified mail" means notice addressed to the
544	544	landowner at the last known address appearing in the records of the
545	545	Assessor and Collector of Taxes in connection with the land in
546	546	question, and deposited in the United States mail as certified
547	547	mail.
548	548	(5) The term "to erect any structure" includes erecting,
549	549	reconstructing, or substantially repairing any building or
550	550	structure, but "structure" shall not be deemed to include those
551	551	necessary or practical for the purpose of preventing erosion of
552	552	banks.
553	553	Sec. 4. a. After the governing body of the District has
554	554	completed such hearings and shall have found that the establishing
555	555	of such building setback lines is for the public health, safety and
556	556	general welfare of the people within the District, and for the
557	557	accomplishment of the purposes of Section 59 of Article XVI of the
558	558	Constitution of the State of Texas, as amended, said governing body
559	559	shall pass its resolution adopting such building setback lines.
560	560	Such resolution shall contain a description of the area included
561	561	within such building setback lines by either field notes or by map
562	562	or plat or by both, and a certified copy thereof shall be filed for
563	563	record immediately with the County Clerk of the affected county [of
564	564	Harris County].
565	565	b. Thereafter the governing body of the District may, upon
566	566	public hearing with like notice thereof, amend, supplement, grant
567	567	exceptions thereto, or alter the building setback lines so
568	568	established as may be determined necessary under the same standards
569	569	as provided in "a" above.
570	570	SECTION 6. Sections 1, 2, 3, and 4, Chapter 394, Acts of the
571	571	59th Legislature, Regular Session, 1965, are amended to read as
572	572	follows:
573	573	Sec. 1. For the purpose of promoting the public health,
574	574	safety and general welfare, and accomplishing the purposes of
575	575	Section 59 of Article XVI of the Constitution of the State of Texas,
576	576	as amended, the governing body of the Gulf Coast Resiliency [Harris
577	577	County Flood Control] District is hereby authorized to designate
578	578	areas within the boundaries of the [Harris County Flood Control]
579	579	District as flood hazard areas.
580	580	Sec. 2. Whenever the governing body of the [Harris County
581	581	Flood Control] District deems that the public health, safety and
582	582	general welfare, and the purposes of Section 59 of Article XVI of
583	583	the Constitution of the State of Texas, as amended, will be promoted
584	584	thereby, it shall, by resolution, designate flood hazard areas.
585	585	Such resolution or resolutions shall contain a description of the
586	586	area included within such flood hazard areas by either field notes
587	587	or by map or by both. The governing body of the [Harris County Flood
588	588	Control] District is further authorized to change and amend by
589	589	resolution the designation of such flood hazard areas thereafter as
590	590	in its discretion it may determine necessary.
591	591	Sec. 3. Before passing any resolution designating flood
592	592	hazard areas within the boundaries of the [Harris County Flood
593	593	Control] District, the governing body of the [Harris County Flood
594	594	Control] District shall hold at least one public hearing related
595	595	thereto after having given at least fifteen (15) days' notice of the
596	596	time and place of such hearing by the publication thereof in the
597	597	English language in a daily newspaper published within and having
598	598	general circulation within the [Harris County Flood Control]
599	599	District, such publication being at least fifteen (15) days prior
600	600	to the date of the hearing. Any hearing so set by the governing body
601	601	of the [Harris County Flood Control] District may be continued from
602	602	time to time until within the discretion of said governing body all
603	603	interested persons shall have had an opportunity to be heard. After
604	604	the governing body of the [Harris County Flood Control] District
605	605	has heard all interested persons and shall have found that the
606	606	designation of such flood hazard areas is for the public health,
607	607	safety and general welfare of the [Harris County Flood Control]
608	608	District, and for the accomplishment of the purposes of Section 59
609	609	of Article XVI of the Constitution of the State of Texas, as
610	610	amended, said governing body shall pass its resolution designating
611	611	such flood hazard areas. Thereafter the governing body of the
612	612	[Harris County Flood Control] District may, upon public hearing
613	613	with like notice thereof, change and amend the designated flood
614	614	hazard areas so established as in its discretion it may determine
615	615	necessary.
616	616	Sec. 4. Upon written request by any person, the [Harris
617	617	County Flood Control] District will prepare and furnish to said
618	618	person a report as to whether or not a particular lot or tract of
619	619	land, or any part thereof, lies within a designated flood hazard
620	620	area. The governing body of the [Harris County Flood Control]
621	621	District may charge a reasonable fee for such reports. The amount of
622	622	such fee, if any, shall be fixed by a resolution of the governing
623	623	body of the [Harris County Flood Control] District. The governing
624	624	body of the [Harris County Flood Control] District is further
625	625	authorized to change, by resolution, the amount of such fee
626	626	thereafter as in its discretion it may determine proper.
627	627	SECTION 7. Section 1, Chapter 409, Acts of the 73rd
628	628	Legislature, Regular Session, 1993, is amended to read as follows:
629	629	Sec. 1. RECREATIONAL AND ENVIRONMENTAL IMPROVEMENTS. (a)
630	630	The Gulf Coast Resiliency [Harris County Flood Control] District,
631	631	in connection with flood control facilities and projects, may
632	632	provide for or participate in the development, operation, or
633	633	maintenance of:
634	634	(1) linear parks along drainage courses maintained and
635	635	operated by the district;
636	636	(2) hike and bike trails;
637	637	(3) nonenclosed recreational facilities, including
638	638	game fields and playgrounds; and
639	639	(4) other environmental improvements, including
640	640	public or private nature reserves or wildlife habitat restoration
641	641	and improvement projects.
642	642	(b) In order to carry out the purposes of Subsection (a) of
643	643	this section, the district may execute contracts or enter into
644	644	cooperative agreements with:
645	645	(1) the federal government, a federal agency, or a
646	646	federally sponsored organization;
647	647	(2) the state, a state agency, a political subdivision
648	648	of the state, or any unit of local government;
649	649	(3) a nonprofit corporation or foundation;
650	650	(4) a private individual or corporation; or
651	651	(5) a public service organization or neighborhood
652	652	association.
653	653	(c) The district may use property, rights-of-way,
654	654	easements, or other land owned or managed by or otherwise available
655	655	to the district for the purposes of Subsection (a) of this section.
656	656	(d) The use by the district of any property owned or managed
657	657	by or otherwise available to the district for the purposes of
658	658	Subsection (a) of this section is determined to be consistent with
659	659	the use of that property for flood control purposes if the
660	660	improvements do not significantly impede the flow of floodwaters or
661	661	reduce the carrying capacity of the drainage facilities of the
662	662	district.
663	663	(e) The district shall exercise its powers and use its
664	664	property under this section:
665	665	(1) in an environmentally sensitive and aesthetically
666	666	pleasing manner that promotes public health, safety, and welfare;
667	667	(2) in compliance with all state and federal
668	668	requirements, including requirements imposed by law, by rule or
669	669	regulation, by grant conditions, or by program standards; and
670	670	(3) in a manner that qualifies for any reasonably
671	671	available source of funding for the improvements to be made.
672	672	(f) The district may spend its own funds for the purposes of
673	673	this section. The capital cost to the district of parks, trails,
674	674	facilities, and improvements under this section may not exceed five
675	675	percent of the total cost of the flood control facilities and
676	676	projects with which the improvements are associated. This section
677	677	does not limit the expenditure of funds from sources other than
678	678	taxes collected by the district.
679	679	(g) The exercise of powers, expenditure of funds, and use of
680	680	property by the district under this section are subject to the
681	681	control and discretion of the governing body of the district
682	682	[commissioners court].
683	683	SECTION 8. Section 1, Chapter 410, Acts of the 73rd
684	684	Legislature, Regular Session, 1993, is amended to read as follows:
685	685	Sec. 1. (a) The Gulf Coast Resiliency [Harris County Flood
686	686	Control] District may engage in wetlands mitigation projects and
687	687	programs as provided by Article 6, Chapter 3, Acts of the 72nd
688	688	Legislature, 1st Called Session, 1991 (Article 5421u, Vernon's
689	689	Texas Civil Statutes), and its subsequent amendments.
690	690	(b) The [Harris County Flood Control] District may provide
691	691	for or participate in the development, operation, or maintenance of
692	692	local, state, or federal storm water quality control and
693	693	improvement programs.
694	694	SECTION 9. The following provisions are repealed:
695	695	(1) Section 3A, Chapter 360, Acts of the 45th
696	696	Legislature, Regular Session, 1937; and
697	697	(2) Chapter 196, Acts of the 51st Legislature, Regular
698	698	Session, 1949.
699	699	SECTION 10. (a) As soon as practicable after the effective
700	700	date of this Act, the governor shall appoint members to the
701	701	governing body the Gulf Coast Resiliency District as required under
702	702	Section 1C, Chapter 360, Acts of the 45th Legislature, Regular
703	703	Session, 1937, as added by this Act.
704	704	(b) At the first meeting of the governing body of the Gulf
705	705	Coast Resiliency District that follows the effective date of this
706	706	Act, the five directors appointed by the governor shall draw lots to
707	707	determine which two directors will serve terms that expire on
708	708	January 1, 2025, and which three directors will serve terms that
709	709	expire on January 1, 2027.
710	710	(c) A member of the governing body of the Gulf Coast
711	711	Resiliency District serving on the effective date of this Act shall
712	712	continue in office until the member's successor is appointed and
713	713	qualifies for office.
714	714	SECTION 11. The Gulf Coast Resiliency District retains all
715	715	rights, powers, privileges, authority, duties, and functions that
716	716	it had before the effective date of this Act.
717	717	SECTION 12. (a) The legal notice of the intention to
718	718	introduce this Act, setting forth the general substance of this
719	719	Act, has been published as provided by law, and the notice and a
720	720	copy of this Act have been furnished to all persons, agencies,
721	721	officials, or entities to which they are required to be furnished
722	722	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
723	723	Government Code.
724	724	(b) The governor, one of the required recipients, has
725	725	submitted the notice and Act to the Texas Commission on
726	726	Environmental Quality.
727	727	(c) The Texas Commission on Environmental Quality has filed
728	728	its recommendations relating to this Act with the governor, the
729	729	lieutenant governor, and the speaker of the house of
730	730	representatives within the required time.
731	731	(d) All requirements of the constitution and laws of this
732	732	state and the rules and procedures of the legislature with respect
733	733	to the notice, introduction, and passage of this Act are fulfilled
734	734	and accomplished.
735	735	SECTION 13. This Act takes effect immediately if it
736	736	receives a vote of two-thirds of all the members elected to each
737	737	house, as provided by Section 39, Article III, Texas Constitution.
738	738	If this Act does not receive the vote necessary for immediate
739	739	effect, this Act takes effect September 1, 2023.