HB2068 - Relating to the governance and territory of the Harris County Flood Control District.

  89R5579 MP-D     By: Paul H.B. No. 2068       A BILL TO BE ENTITLED   AN ACT   relating to the governance and territory of the Harris County Flood   Control District.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 360, Acts of the 45th Legislature,   Regular Session, 1937, is amended by amending Sections 1, 2, 2A, 3,   4, 5, 6, 7, 8, 9, 10, 11, 12, 12-a, and 12-b and adding Sections 1A,   1B, 1C, and 1D to read as follows:          Sec. 1.  Harris County Flood Control District Created.  There   is hereby created and established within the State of Texas, in   addition to the districts into which the State has heretofore been   divided, in the form and manner hereinafter provided, a   conservation and reclamation district to be known as Harris County   Flood Control District, hereinafter called the District[ , and   consisting of that part of the State of Texas which is known as and   included within the boundaries of the County of Harris ].  Such   District shall be a governmental agency and body politic and   corporate, with the powers of government and with the authority to   exercise the rights, privileges, and functions hereinafter   specified, the creation and establishment of such District being   essential to the accomplishment of the purposes of Section 59 of   Article XVI of the Constitution of the State of Texas, as amended,   including the control, storing, preservation, and distribution of   the storm and flood waters, and the waters of the rivers and streams   within the bounds of the District  [ in Harris County ] and their   tributaries, for domestic, municipal, flood control, irrigation,   and other useful purposes, the reclamation and drainage of the   overflow land within the bounds of the District  [ of Harris County ],   the conservation of forests, and to aid in the protection of   navigation on the navigable waters by regulating the flood and   storm waters that flow into said navigable streams.          [ The Commissioners Court of Harris County, Texas, is hereby   designated as the governing body of such District and the agency   through which the management and control of the District shall be   administered, and it is hereby empowered to do any and all things   necessary to carry out the aims and purposes of this Act. ]           Sec. 1A.  DEFINITIONS. In this Act:                 (1)  "Board" means the governing body of the district.                 (2)     "District" means the Harris County Flood Control   District.                 (3)     "Presiding officer" means the presiding officer of   the board.                 (4)  "Secretary" means the secretary of the board.                 (5)  "Treasurer" means the treasurer of the board.           Sec.   1B.     DISTRICT TERRITORY. The district's boundaries are   coextensive with the boundaries of Harris County unless the   district's territory has been modified under:                 (1)  Section 1C of this Act;                 (2)  Subchapter J, Chapter 49, Water Code; or                 (3)  other law.           Sec.   1C.     ADDITION OF ADJACENT COUNTY TO DISTRICT.     (a)     The   commissioners court of a county adjacent to Harris County may   petition to join the district by resolution of the commissioners   court.           (b)     The board by resolution may approve the addition of the   county to the district if, after a hearing on the resolution, the   board finds that the addition of the county would benefit the   district.           (c)     The addition of a county to the district under this   section is not final until ratified by a majority vote of the voters   in the county to be added voting in an election held for that   purpose.           (d)     The ballot for the election shall be printed to provide   for voting for or against the proposition:     "The inclusion of   _____________ (name of county) County in the Harris County Flood   Control District."           Sec.   1D.     BOARD; TERMS. (a)   The board is composed of five   members who are appointed by the governor with the advice and   consent of the senate.           (b)     The members of the board hold office for staggered terms   of four years, with the terms of two or three members expiring   January 1 of each odd-numbered year. Each member holds office until   a successor is appointed and has qualified.           (c)     The governor shall designate one member as the presiding   officer of the board to serve at the will of the governor.   The board   shall elect from among its members a secretary and a treasurer and   other officers the presiding officer considers necessary.           (d)     A member of the board may not receive compensation but   is entitled to reimbursement of the travel expenses incurred by the   member while conducting the business of the board.          Sec. 2.  Added Powers.  In addition to the powers given to the   Board  [ Commissioners Court ] by General Laws and in addition to the   general powers herein given, it shall be authorized in connection   with the [ Harris County Flood Control ] District to exercise the   following added rights, powers, privileges, and functions:          a.  To acquire land and rights and interest therein and any   other character of property needed to carry on the work of flood   control, by gift, devise, purchase, or condemnation;          b.  To sell, trade, or otherwise dispose of land or other   property or rights therein when the same are no longer needed for   the project or flood control purposes;          c.  To hire  [ appoint ] a flood control manager and other     [ such ] agents and employees [ of the County ] for flood control   purposes as may be necessary, including an engineer and counsel,   and to prescribe their duties and fix their bonds and compensation;          d.  To authorize its officers, employees, or agents to go   upon any lands lying within the District for the purpose of making   surveys and examining the same in connection with flood control   plans and projects, and for any other lawful purpose within the   scope of its authority;          e.  To devise plans and construct works to lessen and control   floods; to reclaim lands in the District; to prevent the deposit of   silt in navigable streams; to remove obstructions, natural or   artificial, from streams and water courses; to regulate the flow of   surface and flood waters; and to provide drainage where essential   to the flood control project;          f.  To exercise all powers, rights, privileges, and   functions conferred by general law upon flood control districts   created pursuant to Section 59 of Article XVI of the Constitution of   Texas [ , as amended, so far as the same may be applicable to Harris   County and essential to the flood control project ];          g.  To cooperate with and contract with the United States of   America or with any of its agencies now existing, or which may be   created hereafter, for grants, loans, or advancements to carry out   any of the powers or to further any of the purposes set forth in this   Act and to receive and use said moneys for such purposes; or to   contribute to the United States of America or any of its agencies in   connection with any project undertaken by it affecting or relating   to flood control in the District  [ Harris County ];          h.  To cooperate [ with, ] or [ to ] contract with a municipality   or county within the District , [ the City of Houston, or ] any   adjacent county, or any agency or political subdivision of the   State [ , or any city or town within Harris County ] in relation to   surveys, the acquisition of land or right of ways, the construction   or maintenance of projects or parts thereof or the financing of the   same in connection with any matter within the scope of this Act;          i.  To sue and be sued in any proper case under the laws of   this State; and all courts shall take judicial notice of the   establishment of the said District; and          j.  To do any and all other acts or things necessary or proper   to carry into effect the foregoing powers.          Sec. 2A.  Right to Remove Property.  [ (a)   In this section,   "district" means the Harris County Flood Control District.          [ (b) ]  In order to carry out district purposes, the district   may remove real or personal property placed on land owned by the   district or land subject to an easement held by the district,   regardless of when the real or personal property was put in place   and without the consent of the owner of the property.  The district   must send notice by certified mail to the owner of property on which   the district intends to act under this section.  Not earlier than   the 30th day after the date the notice is sent, the district must   send a second notice by certified mail.  The district may use   existing civil lawsuit processes against the owner of the property   to recover the cost of removing the property not earlier than the   30th day after the date the second notice was received.          Sec. 3.  Petition for Hearing.  A petition may be filed with   the Board  [ County Clerk of Harris County for submission to the   Commissioners Court ], signed by not less than fifty (50) qualified   property taxpaying voters resident of the District  [ said County ]   who own and assess property therein, accompanied by the certificate   of the Assessor and Collector of Taxes showing that such persons   have correctly stated the facts with respect to their   qualifications to sign the petition, which petition may request the   submission to the qualified voters the question of the issuance of a   named amount of bonds for flood control purposes under the   provisions of Section 59 of Article XVI of the Constitution of the   State of Texas, as amended.  Said petition shall set out the general   nature of the work to be done, the necessity therefor, the   feasibility thereof, and a reasonable amount of detail with respect   to the matters alleged, sufficient to inform the Board     [ Commissioners Court ] fully of the purpose, utility, feasibility,   and necessity therefor.  The petition shall state the estimated   cost of the project as then estimated and its operating costs and   shall give such additional information as may be available for the   purpose.  The petition shall request that the Board  [ Commissioners   Court ] hear evidence of the feasibility, practicability, and cost   of the project and whether or not the same would be a public benefit   and is needed, and that an election be called to determine whether   or not said bonds shall be issued.          Sec. 4.  Notice of Hearing.  Notice of such hearing shall be   given by publication once a week for two (2) consecutive weeks prior   to the date fixed for such hearing and exclusive thereof in a daily   newspaper published in the District  [ Harris County ] which said   notice shall consist of a certified copy of the petition and of the   order of the Board [ Court ] setting the same for hearing and shall be   signed by the presiding officer [ County Judge ].  In addition   thereto, the Sheriff of each county in the District  [ Harris County ]   shall post at least fifteen (15) days prior to the date of hearing,   one copy of said notice at each of four (4) public places in each   county in the District  [ Harris County ] and one copy thereof at the   Courthouse door of each county in the District , and said sheriff and   the editor of the newspaper in which said notice is published shall   make due return under oath showing the dates of posting and   publication, respectively.          Sec. 5.  Hearing.  The Board [ Commissioners Court ] shall   have jurisdiction to hear, consider, and determine the matters   brought before it in said petition and by the evid [Text truncated for display. 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