Texas 2025 - 89th Regular

Texas House Bill HB2068 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5579 MP-D
2	2	By: Paul H.B. No. 2068
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the governance and territory of the Harris County Flood
10	10	Control District.
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 1D to read as follows:
16	16	Sec. 1. Harris County Flood Control District Created. There
17	17	is hereby created and established within the State of Texas, in
18	18	addition to the districts into which the State has heretofore been
19	19	divided, in the form and manner hereinafter provided, a
20	20	conservation and reclamation district to be known as Harris County
21	21	Flood Control District, hereinafter called the District[, and
22	22	consisting of that part of the State of Texas which is known as and
23	23	included within the boundaries of the County of Harris]. Such
24	24	District shall be a governmental agency and body politic and
25	25	corporate, with the powers of government and with the authority to
26	26	exercise the rights, privileges, and functions hereinafter
27	27	specified, the creation and establishment of such District being
28	28	essential to the accomplishment of the purposes of Section 59 of
29	29	Article XVI of the Constitution of the State of Texas, as amended,
30	30	including the control, storing, preservation, and distribution of
31	31	the storm and flood waters, and the waters of the rivers and streams
32	32	within the bounds of the District [in Harris County] and their
33	33	tributaries, for domestic, municipal, flood control, irrigation,
34	34	and other useful purposes, the reclamation and drainage of the
35	35	overflow land within the bounds of the District [of Harris County],
36	36	the conservation of forests, and to aid in the protection of
37	37	navigation on the navigable waters by regulating the flood and
38	38	storm waters that flow into said navigable streams.
39	39	[The Commissioners Court of Harris County, Texas, is hereby
40	40	designated as the governing body of such District and the agency
41	41	through which the management and control of the District shall be
42	42	administered, and it is hereby empowered to do any and all things
43	43	necessary to carry out the aims and purposes of this Act.]
44	44	Sec. 1A. DEFINITIONS. In this Act:
45	45	(1) "Board" means the governing body of the district.
46	46	(2) "District" means the Harris County Flood Control
47	47	District.
48	48	(3) "Presiding officer" means the presiding officer of
49	49	the board.
50	50	(4) "Secretary" means the secretary of the board.
51	51	(5) "Treasurer" means the treasurer of the board.
52	52	Sec. 1B. DISTRICT TERRITORY. The district's boundaries are
53	53	coextensive with the boundaries of Harris County unless the
54	54	district's territory has been modified under:
55	55	(1) Section 1C of this Act;
56	56	(2) Subchapter J, Chapter 49, Water Code; or
57	57	(3) other law.
58	58	Sec. 1C. ADDITION OF ADJACENT COUNTY TO DISTRICT. (a) The
59	59	commissioners court of a county adjacent to Harris County may
60	60	petition to join the district by resolution of the commissioners
61	61	court.
62	62	(b) The board by resolution may approve the addition of the
63	63	county to the district if, after a hearing on the resolution, the
64	64	board finds that the addition of the county would benefit the
65	65	district.
66	66	(c) The addition of a county to the district under this
67	67	section is not final until ratified by a majority vote of the voters
68	68	in the county to be added voting in an election held for that
69	69	purpose.
70	70	(d) The ballot for the election shall be printed to provide
71	71	for voting for or against the proposition: "The inclusion of
72	72	_____________ (name of county) County in the Harris County Flood
73	73	Control District."
74	74	Sec. 1D. BOARD; TERMS. (a) The board is composed of five
75	75	members who are appointed by the governor with the advice and
76	76	consent of the senate.
77	77	(b) The members of the board hold office for staggered terms
78	78	of four years, with the terms of two or three members expiring
79	79	January 1 of each odd-numbered year. Each member holds office until
80	80	a successor is appointed and has qualified.
81	81	(c) The governor shall designate one member as the presiding
82	82	officer of the board to serve at the will of the governor. The board
83	83	shall elect from among its members a secretary and a treasurer and
84	84	other officers the presiding officer considers necessary.
85	85	(d) A member of the board may not receive compensation but
86	86	is entitled to reimbursement of the travel expenses incurred by the
87	87	member while conducting the business of the board.
88	88	Sec. 2. Added Powers. In addition to the powers given to the
89	89	Board [Commissioners Court] by General Laws and in addition to the
90	90	general powers herein given, it shall be authorized in connection
91	91	with the [Harris County Flood Control] District to exercise the
92	92	following added rights, powers, privileges, and functions:
93	93	a. To acquire land and rights and interest therein and any
94	94	other character of property needed to carry on the work of flood
95	95	control, by gift, devise, purchase, or condemnation;
96	96	b. To sell, trade, or otherwise dispose of land or other
97	97	property or rights therein when the same are no longer needed for
98	98	the project or flood control purposes;
99	99	c. To hire [appoint] a flood control manager and other
100	100	[such] agents and employees [of the County] for flood control
101	101	purposes as may be necessary, including an engineer and counsel,
102	102	and to prescribe their duties and fix their bonds and compensation;
103	103	d. To authorize its officers, employees, or agents to go
104	104	upon any lands lying within the District for the purpose of making
105	105	surveys and examining the same in connection with flood control
106	106	plans and projects, and for any other lawful purpose within the
107	107	scope of its authority;
108	108	e. To devise plans and construct works to lessen and control
109	109	floods; to reclaim lands in the District; to prevent the deposit of
110	110	silt in navigable streams; to remove obstructions, natural or
111	111	artificial, from streams and water courses; to regulate the flow of
112	112	surface and flood waters; and to provide drainage where essential
113	113	to the flood control project;
114	114	f. To exercise all powers, rights, privileges, and
115	115	functions conferred by general law upon flood control districts
116	116	created pursuant to Section 59 of Article XVI of the Constitution of
117	117	Texas [, as amended, so far as the same may be applicable to Harris
118	118	County and essential to the flood control project];
119	119	g. To cooperate with and contract with the United States of
120	120	America or with any of its agencies now existing, or which may be
121	121	created hereafter, for grants, loans, or advancements to carry out
122	122	any of the powers or to further any of the purposes set forth in this
123	123	Act and to receive and use said moneys for such purposes; or to
124	124	contribute to the United States of America or any of its agencies in
125	125	connection with any project undertaken by it affecting or relating
126	126	to flood control in the District [Harris County];
127	127	h. To cooperate [with,] or [to] contract with a municipality
128	128	or county within the District, [the City of Houston, or] any
129	129	adjacent county, or any agency or political subdivision of the
130	130	State [, or any city or town within Harris County] in relation to
131	131	surveys, the acquisition of land or right of ways, the construction
132	132	or maintenance of projects or parts thereof or the financing of the
133	133	same in connection with any matter within the scope of this Act;
134	134	i. To sue and be sued in any proper case under the laws of
135	135	this State; and all courts shall take judicial notice of the
136	136	establishment of the said District; and
137	137	j. To do any and all other acts or things necessary or proper
138	138	to carry into effect the foregoing powers.
139	139	Sec. 2A. Right to Remove Property. [(a) In this section,
140	140	"district" means the Harris County Flood Control District.
141	141	[(b)] In order to carry out district purposes, the district
142	142	may remove real or personal property placed on land owned by the
143	143	district or land subject to an easement held by the district,
144	144	regardless of when the real or personal property was put in place
145	145	and without the consent of the owner of the property. The district
146	146	must send notice by certified mail to the owner of property on which
147	147	the district intends to act under this section. Not earlier than
148	148	the 30th day after the date the notice is sent, the district must
149	149	send a second notice by certified mail. The district may use
150	150	existing civil lawsuit processes against the owner of the property
151	151	to recover the cost of removing the property not earlier than the
152	152	30th day after the date the second notice was received.
153	153	Sec. 3. Petition for Hearing. A petition may be filed with
154	154	the Board [County Clerk of Harris County for submission to the
155	155	Commissioners Court], signed by not less than fifty (50) qualified
156	156	property taxpaying voters resident of the District [said County]
157	157	who own and assess property therein, accompanied by the certificate
158	158	of the Assessor and Collector of Taxes showing that such persons
159	159	have correctly stated the facts with respect to their
160	160	qualifications to sign the petition, which petition may request the
161	161	submission to the qualified voters the question of the issuance of a
162	162	named amount of bonds for flood control purposes under the
163	163	provisions of Section 59 of Article XVI of the Constitution of the
164	164	State of Texas, as amended. Said petition shall set out the general
165	165	nature of the work to be done, the necessity therefor, the
166	166	feasibility thereof, and a reasonable amount of detail with respect
167	167	to the matters alleged, sufficient to inform the Board
168	168	[Commissioners Court] fully of the purpose, utility, feasibility,
169	169	and necessity therefor. The petition shall state the estimated
170	170	cost of the project as then estimated and its operating costs and
171	171	shall give such additional information as may be available for the
172	172	purpose. The petition shall request that the Board [Commissioners
173	173	Court] hear evidence of the feasibility, practicability, and cost
174	174	of the project and whether or not the same would be a public benefit
175	175	and is needed, and that an election be called to determine whether
176	176	or not said bonds shall be issued.
177	177	Sec. 4. Notice of Hearing. Notice of such hearing shall be
178	178	given by publication once a week for two (2) consecutive weeks prior
179	179	to the date fixed for such hearing and exclusive thereof in a daily
180	180	newspaper published in the District [Harris County] which said
181	181	notice shall consist of a certified copy of the petition and of the
182	182	order of the Board [Court] setting the same for hearing and shall be
183	183	signed by the presiding officer [County Judge]. In addition
184	184	thereto, the Sheriff of each county in the District [Harris County]
185	185	shall post at least fifteen (15) days prior to the date of hearing,
186	186	one copy of said notice at each of four (4) public places in each
187	187	county in the District [Harris County] and one copy thereof at the
188	188	Courthouse door of each county in the District, and said sheriff and
189	189	the editor of the newspaper in which said notice is published shall
190	190	make due return under oath showing the dates of posting and
191	191	publication, respectively.
192	192	Sec. 5. Hearing. The Board [Commissioners Court] shall
193	193	have jurisdiction to hear, consider, and determine the matters
194	194	brought before it in said petition and by the evidence produced in
195	195	favor of and against the proposition to issue bonds. The hearing
196	196	may be continued from day to day. Should the Board [Court] refuse
197	197	said petition it shall so find and its orders shall be recorded in
198	198	its minutes refusing said petition and giving its reasons therefor.
199	199	Should the Board [Commissioners Court] determine that the
200	200	proposition to issue such bonds should be submitted at an election
201	201	called for the purpose it shall thereupon enter its order making its
202	202	findings with respect to the matters herein provided for and shall
203	203	be authorized to submit in accordance with the provisions of the
204	204	Constitution and with Subdivisions 1 and 2 of Title 22 of the
205	205	Revised Civil Statutes of Texas of 1925, to an election of the
206	206	qualified property taxpaying voters resident of the District [said
207	207	County] who own and assess property therein, the question of a bond
208	208	issue for the purpose of providing said funds, and the District
209	209	[said County] is given the right, after a majority vote of the
210	210	electors qualified as herein required in favor of the proposition
211	211	to issue bonds, to issue flood control bonds as authorized by
212	212	Section 59 of Article XVI of the Constitution of the State of Texas,
213	213	as amended, upon a compliance with the provisions of Subdivisions 1
214	214	and 2 of Title 22, Revised Civil Statutes of Texas of 1925, and with
215	215	this Section, and within the limitations therein prescribed; and to
216	216	levy and assess upon all the property subject to taxation in the
217	217	District [said County], and thereafter to collect such taxes as may
218	218	annually be required to pay the interest on the bonds voted at said
219	219	election and to create a sinking fund sufficient to retire said
220	220	bonds at maturity; provided that additional bonds may be issued
221	221	from time to time in like manner and under the same procedure.
222	222	Provided further, however, that the initial issuance of bonds
223	223	shall not be for a sum which will require a tax rate in excess of
224	224	Fifteen (15) Cents on the one hundred dollars valuation on the
225	225	property within said District, nor shall any subsequent issue of
226	226	said bonds be authorized the effect of which will be to increase the
227	227	tax rate for all outstanding bonds of said District including such
228	228	issue to an amount in excess of Fifteen (15) Cents on the one
229	229	hundred dollars valuation to pay the interest on said bonds and to
230	230	create a sinking fund to retire the same at maturity.
231	231	Sec. 6. Bond record. Before any [Harris County Flood
232	232	Control] District bonds authorized by this Act shall be sold, a
233	233	certified copy of the proceedings for the issuance thereof
234	234	including certificates showing the bonded indebtedness of the
235	235	District, certificates showing the assessed values of the property
236	236	in [of] the District [County], and certificates reflecting any
237	237	other information which the Attorney General of the State of Texas
238	238	may require, shall be submitted to the Attorney General; and if he
239	239	shall approve such bonds, he shall execute a certificate to that
240	240	effect, which shall be filed in the office of the Comptroller of
241	241	Public Accounts of the State of Texas.
242	242	No bonds shall be sold until the same shall have been
243	243	registered by the Comptroller who shall so register the same if the
244	244	Attorney General shall have filed with the Comptroller of Public
245	245	Accounts of the State of Texas his certificate approving the bonds
246	246	and the proceedings for the issuance thereof, as hereinabove
247	247	provided.
248	248	The [County] Treasurer shall keep a record in a well-bound
249	249	book of all bonds issued and shall register therein the amount of
250	250	bonds issued, the numbers, the denomination, rate of interest, date
251	251	due, date of issue, the paying agent, the amount received, and the
252	252	purchaser. The said book shall be at all times open to the
253	253	inspection of all proper parties, either taxpayers or bondholders
254	254	or officials of the State or a county in the District [County].
255	255	When such bonds have been registered with the [County]
256	256	Treasurer, the Board [Commissioners Court of said County] shall set
257	257	a date for the sale of such amount of bonds as may be needed to
258	258	procure funds to construct the improvements then contemplated and
259	259	pay the expenses incident thereto, and after advertising said bonds
260	260	for sale by notice published once a week for two (2) consecutive
261	261	weeks, shall sell such bonds upon the best terms and for the best
262	262	price obtainable, but none of said bonds shall be sold for less than
263	263	the face value thereof and accrued interest thereon to date of
264	264	delivery, and the purchase price of such bonds shall be paid to the
265	265	[County] Treasurer and shall be by him placed to the credit of the
266	266	[Harris County Flood Control] District and said funds shall be
267	267	available for the construction of the project and its operation as
268	268	voted; provided that the accrued interest and premium received
269	269	shall be credited to the interest and sinking fund of the District
270	270	[County] for such issue of bonds. No commission shall be paid for
271	271	the sale of any bonds.
272	272	All bonds approved by the Attorney General, registered by the
273	273	Comptroller, and issued and sold in accordance with the proceedings
274	274	so approved, shall be valid and binding obligations of the [Harris
275	275	County Flood Control] District [of Harris County, Texas,] and shall
276	276	be incontestable for any cause from and after the time of such
277	277	registration, except for forgery or fraud.
278	278	The Board [Commissioners Court] shall have the right to pay
279	279	all the necessary expenses incident to the printing, registering,
280	280	issuance, sale, and approval of such bonds.
281	281	Sec. 7. Form, Issuance, and Eligibility of Bonds. All bonds
282	282	issued under the provisions of this Act shall be issued in the name
283	283	of the [Harris County Flood Control] District [of Harris County,
284	284	Texas], and shall be signed by the presiding officer [County
285	285	Judge], attested by the secretary [County Clerk], and the seal of
286	286	the District [Commissioners Court of Harris County] shall be
287	287	affixed to each of them. Said bonds shall be registered with the
288	288	Harris County Treasurer and his Certificate of Registration shall
289	289	be endorsed on said bonds. The Board [governing body] of the
290	290	[Harris County Flood Control] District, in the issuance of bonds
291	291	voted by the qualified taxpaying voters of said District, or in the
292	292	issuance of refunding bonds of said District, may issue such bonds
293	293	in any denomination it deems beneficial to the said District, as
294	294	determined in the order authorizing their issuance. The said bonds
295	295	shall bear interest at a rate not to exceed five (5) percentum per
296	296	annum, which interest shall be evidenced by attached coupons which
297	297	shall bear the facsimile signatures of the presiding officer
298	298	[County Judge] and of the secretary [County Clerk]. Said interest
299	299	shall be payable annually or semi-annually as determined by the
300	300	Board [governing body] of the [Harris County Flood Control]
301	301	District. The bonds shall mature serially or otherwise in such
302	302	number of years as may be determined by the Board [Commissioners
303	303	Court] not to exceed thirty (30) years.
304	304	Payment of principal and interest may be made at such places
305	305	as may be determined by the Board [governing body] of such District
306	306	in the Order authorizing the issuance of such bonds.
307	307	All bonds of the [Harris County Flood Control] District shall
308	308	be and are hereby declared to be legal and authorized investments
309	309	for banks, savings banks, trust companies, building and loan
310	310	associations, savings and loan associations, insurance companies,
311	311	fiduciaries, trustees and sinking funds of cities, towns and
312	312	villages, counties, school districts, or other political
313	313	subdivisions of the State of Texas, and for all public funds of the
314	314	State of Texas or its agencies, including the State Permanent
315	315	School Fund. Such bonds shall be eligible to secure deposit of any
316	316	and all public funds of the State of Texas, and any and all public
317	317	funds of cities, towns, villages, counties, school districts or
318	318	other political subdivisions or corporations of the State of Texas;
319	319	and such bonds shall be lawful and sufficient security for said
320	320	deposits to the extent of their value, when accompanied by all
321	321	unmatured coupons appurtenant thereto.
322	322	Sec. 8. State Laws Applicable. All existing State Laws,
323	323	General or Special, applicable to contracts and to the receipt and
324	324	disbursement of, and accounting for, public funds in the District
325	325	[Harris County] are hereby made applicable to the contracts and to
326	326	the receipt and disbursement of, and accounting for, any funds
327	327	collected and disbursed under the terms of this Act. The provisions
328	328	of this Act shall be cumulative of any other laws upon the subject
329	329	matter.
330	330	Sec. 9. Use of Public Property. In the prosecution of the
331	331	flood control plans of the [Harris County Flood Control] District,
332	332	the District shall be recognized to have the right to make use of
333	333	the bed and banks of the bayous, rivers, and streams lying within
334	334	the District, subject to the prior right and authority of the Port
335	335	of [Harris County] Houston Authority of Harris County, Texas, [Ship
336	336	Channel Navigation District] over the navigable streams in the
337	337	Authority [Navigation District] and the submerged lands heretofore
338	338	given by the State of Texas to that Authority [Navigation
339	339	District].
340	340	The [Harris County Flood Control] District shall have a right
341	341	of way and easement over and across the roads and highways of the
342	342	State and its subdivisions for the construction and maintenance of
343	343	the flood control projects of the District, subject, however, to
344	344	the concurrence of the Texas Transportation [State Highway]
345	345	Commission whenever such projects require the relocation or
346	346	bridging of State highways.
347	347	The District shall have the power and authority to overflow
348	348	or inundate any public lands and public property, and to require the
349	349	relocation of roads and highways, in the manner and to the extent
350	350	permitted to any district organized under General Laws, pursuant to
351	351	Section 59 of Article XVI of the Constitution of this State, as
352	352	amended.
353	353	Sec. 10. Eminent Domain. The [Harris County Flood Control]
354	354	District shall have the right and power of eminent domain for the
355	355	purpose of acquiring by condemnation any and all property of any
356	356	kind, real, personal, or mixed, or any interest therein, within the
357	357	boundaries of the District, necessary or convenient to the exercise
358	358	of the rights, powers, privileges, and functions conferred upon it
359	359	by this Act, in the manner provided by General Law with respect to
360	360	condemnation, or, at the option of the Board [Commissioners Court],
361	361	in the manner provided by Statutes relative to condemnation by
362	362	districts organized under General Law pursuant to Section 59 of
363	363	Article XVI of the Constitution of the State of Texas, as amended.
364	364	In condemnation proceedings being prosecuted by said
365	365	District, the District shall not be required to give bond for appeal
366	366	or bond for costs.
367	367	Sec. 11. Taxes. All laws of the State of Texas relating to
368	368	the assessing and collecting of State and County Taxes are by this
369	369	Act made available for, and shall be applied to, the collection of
370	370	both current and delinquent taxes of the [Harris County Flood
371	371	Control] District in so far as such laws are applicable.
372	372	Sec. 12. Officers. The presiding officer, secretary,
373	373	treasurer, and Board of the District [County Judge, County
374	374	Commissioners], the Assessor and Collector of Taxes of each county
375	375	in the District, [the County Treasurer,] and the District's
376	376	depository are authorized to, and shall be required to, perform all
377	377	duties in connection with the [Flood Control] District required of
378	378	them by law in connection with official matters for [Harris County,
379	379	and the County Auditor shall be the Auditor for] the [Harris County
380	380	Flood Control] District [and all of the provisions of Articles 1667
381	381	through 1673, as amended, Acts of the Forty-third Legislature,
382	382	Regular Session, 1933, shall apply to the Harris County Flood
383	383	Control District].
384	384	Sec. 12-a. Tax Collector's Reports. If at any time after
385	385	the enactment of this law, the Legislature of the State of Texas
386	386	shall make any donation or grant or diversion or remission of taxes
387	387	to or affecting a county in the District [Harris County, Texas,] or
388	388	the District [flood control district herein created, in H.B. 24 or
389	389	in H.B. 158, Acts Regular Session, Forty-fifth Legislature], at the
390	390	end of each month [after the effective date of such Act,] the
391	391	Assessor and Collector of Taxes of each county in the District
392	392	[Harris County] shall make an itemized report under oath to the
393	393	Comptroller of Public Accounts of the State of Texas on forms to be
394	394	furnished by the Comptroller showing each and every item of the
395	395	State taxes collected by him upon property and from persons within
396	396	the District; and he shall accompany the same with an itemized
397	397	statement listing all taxes received and showing full disposal of
398	398	all such taxes collected. The said Assessor and Collector of Taxes
399	399	shall forward his report to the Comptroller, and shall make a like
400	400	report to the Treasurer [County Auditor,] and [he shall] pay over to
401	401	the [County] Treasurer all moneys collected by him as State taxes so
402	402	donated or granted under Legislative authority, less such amounts
403	403	as are allowed by law for assessing and collecting same, and shall
404	404	remit the balance to the proper authority as required by then
405	405	existing laws.
406	406	The Board [Commissioners Court], in its discretion, may
407	407	utilize the tax funds donated and granted by the State of Texas for
408	408	the construction of flood control improvements and other
409	409	improvements and purposes authorized by such enactments and the
410	410	maintenance or operation thereof; or may deposit the same in a
411	411	sinking fund to pay interest on and to redeem bonds of said District
412	412	or other obligations issued for such purposes, in the manner
413	413	hereinafter provided.
414	414	Sec. 12-b. Issuance of Bonds. The District may [County of
415	415	Harris, Texas, acting by and through its Commissioners Court, shall
416	416	have authority and it is hereby authorized to] issue [its]
417	417	negotiable bonds secured by a pledge of [any such] taxes hereafter
418	418	donated, granted, diverted or remitted by the State of Texas to [it
419	419	or] the [Flood Control] District [created herein by the terms of
420	420	H.B. 24 or H.B. 158 of the Regular Session, Forty-fifth
421	421	Legislature], and the proceeds of the sale of such bonds may be used
422	422	for purchasing lands, easements, right of ways, structures, and for
423	423	the construction of improvements, including dams, reservoirs, and
424	424	all other works suitable for use in connection with the flood
425	425	control program and projects in the District [said County] and the
426	426	maintenance and operation thereof, and doing all things necessary
427	427	to the execution of the purposes for which the grant and donation is
428	428	made; provided, however, that the aggregate amount of bonds to be
429	429	issued shall not exceed such sum as the donation and grant of the
430	430	State taxes will service so as to pay interest and to create a
431	431	sinking fund sufficient to pay said bonds at maturity.
432	432	In the event the Board [Commissioners Court of Harris County,
433	433	Texas,] shall determine by a majority vote on a Resolution entered
434	434	of record, giving the reasons therefor and showing that a necessity
435	435	exists for utilizing any tax funds hereafter donated and granted by
436	436	the State of Texas for the issuance of bonds in order to facilitate
437	437	the construction of improvements and make funds immediately
438	438	available, said bonds may be issued in the form and manner
439	439	hereinafter prescribed. The bonds so authorized and issued in
440	440	accordance with the provisions of this Act need not be issued at one
441	441	time. The amount of money necessary to provide a sinking fund to
442	442	mature said bonds and to pay the interest thereon shall be set aside
443	443	annually from the first of such hereafter donated and granted funds
444	444	received from an [the] Assessor and Collector of Taxes and said
445	445	funds may not be diverted to any other purpose. The Board [Officers
446	446	of the County] and the District's Depository are forbidden to
447	447	authorize the payment of any amount from said State taxes hereafter
448	448	so donated and granted until there has first been set aside
449	449	therefrom an amount sufficient to cover all servicing charges for
450	450	the bonds for the year. Thereupon and after the treasurer [Auditor]
451	451	has filed a certificate showing the deposit to the interest and
452	452	sinking fund of a sufficient amount to cover such servicing charges
453	453	for the year, any taxes hereafter donated, granted, diverted or
454	454	remitted to [Harris County or] the [Flood Control] District
455	455	[created herein by the State of Texas under the terms of H.B. 24 or
456	456	H.B. 158, Acts Regular Session, Forty-fifth Legislature,]
457	457	collected during the remainder of the year may be utilized for
458	458	purposes consistent with this Act. Should the necessity arise, the
459	459	Board [Commissioners Court] may supplement from its general funds
460	460	any State taxes hereafter donated and granted, but no tax shall ever
461	461	be levied or any debt be created against a [the] County in the
462	462	District for such purpose without a vote of the people. Any bonds
463	463	issued under this Section shall be in accordance with the
464	464	provisions of Subdivisions 1 and 2 of Title 22, Revised Civil
465	465	Statutes, 1925, and any amendments thereto applicable to bonds
466	466	issued by a county.
467	467	SECTION 2. Section 1, Chapter 406, Acts of the 50th
468	468	Legislature, Regular Session, 1947, is amended to read as follows:
469	469	Sec. 1. In eminent domain proceedings brought by the Harris
470	470	County Flood Control District, the District shall not be required
471	471	to give any security for costs at any stage of the proceedings. In
472	472	the event that the District should desire to take possession of the
473	473	property sought to be condemned, it may do so at any time after the
474	474	award of the Special Commissioners in eminent domain proceedings
475	475	shall have been filed with the Judge of the County Court in which
476	476	the proceedings took place, or County Court at Law in which the
477	477	proceedings took place as the case may be, upon deposit with the
478	478	County Clerk of the county in which the proceedings took place of
479	479	the amount of the award. The District shall not be required to
480	480	deposit any further sums, nor to give any bond for costs. No appeal
481	481	from the finding and assessment of damages by the Special
482	482	Commissioners appointed for that purpose shall have the effect of
483	483	causing the suspension of work by the District in connection with
484	484	the land condemned or the right of way, easement or other interest
485	485	sought to be acquired. The findings of the District's governing
486	486	board [Commissioners Court] as to the plan of the work, the
487	487	necessity, the location and the type of improvement shall be final
488	488	and not subject to review except upon proof of actual fraud or
489	489	malfeasance in office.
490	490	SECTION 3. Sections 2 and 3, Chapter 407, Acts of the 50th
491	491	Legislature, Regular Session, 1947, are amended to read as follows:
492	492	Sec. 2. The time, place, manner and method of ordering,
493	493	giving notice of and holding the election, the questions and
494	494	propositions to be submitted, the form of the ballot, the time and
495	495	method of declaring the result and the issuance of the bonds shall
496	496	be governed as near as may be by the Statutes governing the holding
497	497	of elections and the issuance of [county] bonds as provided in
498	498	Chapters 1 and 2 of Title 22, Revised Civil Statutes, 1925[, as
499	499	modified by the Statutes creating the Harris County Flood Control
500	500	District]. The District may issue its bonds to mature serially or
501	501	otherwise not to exceed thirty (30) years after their date. The
502	502	governing body may also determine whether or not bonds shall
503	503	contain an option of redemption, and if so, the form and date of
504	504	such option. If the election be for a maintenance tax, then the
505	505	ballot shall have written or printed thereon the words "For the
506	506	Flood Control Maintenance Tax" and, "Against the Flood Control
507	507	Maintenance Tax," and the voter shall strike out one of said
508	508	expressions, leaving the other standing as his vote. When
509	509	authorized, the Board may thereafter levy annually a tax sufficient
510	510	to operate and maintain works and improvements owned or constructed
511	511	by the District, provided the amount of such tax does not exceed the
512	512	limit authorized.
513	513	Sec. 3. The Board shall have authority to issue refunding
514	514	bonds bearing the same or a lower rate of interest to refund any
515	515	bonds of the District theretofore issued and outstanding.
516	516	Refunding bonds may be issued serially or otherwise for any term of
517	517	years not exceeding thirty (30). Statutes governing refunding of
518	518	county bonds shall apply to refunding bonds of the [Harris County
519	519	Flood Control] District so far as applicable, except where
520	520	otherwise expressly provided by the laws relating to said District.
521	521	SECTION 4. Section 4, Chapter 118, Acts of the 58th
522	522	Legislature, Regular Session, 1963, is amended to read as follows:
523	523	Sec. 4. a. After the governing body of the District has
524	524	completed such hearings and shall have found that the establishing
525	525	of such building setback lines is for the public health, safety and
526	526	general welfare of the people within the District, and for the
527	527	accomplishment of the purposes of Section 59 of Article XVI of the
528	528	Constitution of the State of Texas, as amended, said governing body
529	529	shall pass its resolution adopting such building setback lines.
530	530	Such resolution shall contain a description of the area included
531	531	within such building setback lines by either field notes or by map
532	532	or plat or by both, and a certified copy thereof shall be filed for
533	533	record immediately with the County Clerk of the affected county [of
534	534	Harris County].
535	535	b. Thereafter the governing body of the District may, upon
536	536	public hearing with like notice thereof, amend, supplement, grant
537	537	exceptions thereto, or alter the building setback lines so
538	538	established as may be determined necessary under the same standards
539	539	as provided in "a" above.
540	540	SECTION 5. Section 1, Chapter 409, Acts of the 73rd
541	541	Legislature, Regular Session, 1993, is amended to read as follows:
542	542	Sec. 1. RECREATIONAL AND ENVIRONMENTAL IMPROVEMENTS. (a)
543	543	The Harris County Flood Control District, in connection with flood
544	544	control facilities and projects, may provide for or participate in
545	545	the development, operation, or maintenance of:
546	546	(1) linear parks along drainage courses maintained and
547	547	operated by the district;
548	548	(2) hike and bike trails;
549	549	(3) nonenclosed recreational facilities, including
550	550	game fields and playgrounds; and
551	551	(4) other environmental improvements, including
552	552	public or private nature reserves or wildlife habitat restoration
553	553	and improvement projects.
554	554	(b) In order to carry out the purposes of Subsection (a) of
555	555	this section, the district may execute contracts or enter into
556	556	cooperative agreements with:
557	557	(1) the federal government, a federal agency, or a
558	558	federally sponsored organization;
559	559	(2) the state, a state agency, a political subdivision
560	560	of the state, or any unit of local government;
561	561	(3) a nonprofit corporation or foundation;
562	562	(4) a private individual or corporation; or
563	563	(5) a public service organization or neighborhood
564	564	association.
565	565	(c) The district may use property, rights-of-way,
566	566	easements, or other land owned or managed by or otherwise available
567	567	to the district for the purposes of Subsection (a) of this section.
568	568	(d) The use by the district of any property owned or managed
569	569	by or otherwise available to the district for the purposes of
570	570	Subsection (a) of this section is determined to be consistent with
571	571	the use of that property for flood control purposes if the
572	572	improvements do not significantly impede the flow of floodwaters or
573	573	reduce the carrying capacity of the drainage facilities of the
574	574	district.
575	575	(e) The district shall exercise its powers and use its
576	576	property under this section:
577	577	(1) in an environmentally sensitive and aesthetically
578	578	pleasing manner that promotes public health, safety, and welfare;
579	579	(2) in compliance with all state and federal
580	580	requirements, including requirements imposed by law, by rule or
581	581	regulation, by grant conditions, or by program standards; and
582	582	(3) in a manner that qualifies for any reasonably
583	583	available source of funding for the improvements to be made.
584	584	(f) The district may spend its own funds for the purposes of
585	585	this section. The capital cost to the district of parks, trails,
586	586	facilities, and improvements under this section may not exceed five
587	587	percent of the total cost of the flood control facilities and
588	588	projects with which the improvements are associated. This section
589	589	does not limit the expenditure of funds from sources other than
590	590	taxes collected by the district.
591	591	(g) The exercise of powers, expenditure of funds, and use of
592	592	property by the district under this section are subject to the
593	593	control and discretion of the governing body of the district
594	594	[commissioners court].
595	595	SECTION 6. Section 1, Chapter 410, Acts of the 73rd
596	596	Legislature, Regular Session, 1993, is amended to read as follows:
597	597	Sec. 1. (a) The Harris County Flood Control District may
598	598	engage in wetlands mitigation projects and programs as provided by
599	599	Article 6, Chapter 3, Acts of the 72nd Legislature, 1st Called
600	600	Session, 1991 (Article 5421u, Vernon's Texas Civil Statutes), and
601	601	its subsequent amendments.
602	602	(b) The [Harris County Flood Control] District may provide
603	603	for or participate in the development, operation, or maintenance of
604	604	local, state, or federal storm water quality control and
605	605	improvement programs.
606	606	SECTION 7. The following provisions are repealed:
607	607	(1) Section 3A, Chapter 360, Acts of the 45th
608	608	Legislature, Regular Session, 1937; and
609	609	(2) Chapter 196, Acts of the 51st Legislature, Regular
610	610	Session, 1949.
611	611	SECTION 8. (a) As soon as practicable after the effective
612	612	date of this Act, the governor shall appoint members to the
613	613	governing body of the Harris County Flood Control District as
614	614	required under Section 1D, Chapter 360, Acts of the 45th
615	615	Legislature, Regular Session, 1937, as added by this Act.
616	616	(b) At the first meeting of the governing body of the Harris
617	617	County Flood Control District that follows the effective date of
618	618	this Act, the five directors appointed by the governor shall draw
619	619	lots to determine which two directors will serve terms that expire
620	620	on January 1, 2027, and which three directors will serve terms that
621	621	expire on January 1, 2029.
622	622	(c) A member of the governing body of the Harris County
623	623	Flood Control District serving on the effective date of this Act
624	624	shall continue in office until the member's successor is appointed
625	625	and qualifies for office.
626	626	SECTION 9. The Harris County Flood Control District retains
627	627	all rights, powers, privileges, authority, duties, and functions
628	628	that it had before the effective date of this Act.
629	629	SECTION 10. (a) The legal notice of the intention to
630	630	introduce this Act, setting forth the general substance of this
631	631	Act, has been published as provided by law, and the notice and a
632	632	copy of this Act have been furnished to all persons, agencies,
633	633	officials, or entities to which they are required to be furnished
634	634	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
635	635	Government Code.
636	636	(b) The governor, one of the required recipients, has
637	637	submitted the notice and Act to the Texas Commission on
638	638	Environmental Quality.
639	639	(c) The Texas Commission on Environmental Quality has filed
640	640	its recommendations relating to this Act with the governor, the
641	641	lieutenant governor, and the speaker of the house of
642	642	representatives within the required time.
643	643	(d) All requirements of the constitution and laws of this
644	644	state and the rules and procedures of the legislature with respect
645	645	to the notice, introduction, and passage of this Act are fulfilled
646	646	and accomplished.
647	647	SECTION 11. This Act takes effect immediately if it
648	648	receives a vote of two-thirds of all the members elected to each
649	649	house, as provided by Section 39, Article III, Texas Constitution.
650	650	If this Act does not receive the vote necessary for immediate
651	651	effect, this Act takes effect September 1, 2025.