S.B. No. 586 AN ACT 1-1 relating to the authority of the Harris County Flood Control 1-2 District to provide for or participate in the development, 1-3 operation, and maintenance of certain recreational and 1-4 environmental improvements in connection with flood control 1-5 facilities and projects. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. RECREATIONAL AND ENVIRONMENTAL IMPROVEMENTS. 1-8 (a) The Harris County Flood Control District, in connection with 1-9 flood control facilities and projects, may provide for or 1-10 participate in the development, operation, or maintenance of: 1-11 (1) linear parks along drainage courses maintained and 1-12 operated by the district; 1-13 (2) hike and bike trails; 1-14 (3) nonenclosed recreational facilities, including 1-15 game fields and playgrounds; and 1-16 (4) other environmental improvements, including public 1-17 or private nature reserves or wildlife habitat restoration and 1-18 improvement projects. 1-19 (b) In order to carry out the purposes of Subsection (a) of 1-20 this section, the district may execute contracts or enter into 1-21 cooperative agreements with: 1-22 (1) the federal government, a federal agency, or a 1-23 federally sponsored organization; 1-24 (2) the state, a state agency, a political subdivision 2-1 of the state, or any unit of local government; 2-2 (3) a nonprofit corporation or foundation; 2-3 (4) a private individual or corporation; or 2-4 (5) a public service organization or neighborhood 2-5 association. 2-6 (c) The district may use property, rights-of-way, easements, 2-7 or other land owned or managed by or otherwise available to the 2-8 district for the purposes of Subsection (a) of this section. 2-9 (d) The use by the district of any property owned or managed 2-10 by or otherwise available to the district for the purposes of 2-11 Subsection (a) of this section is determined to be consistent with 2-12 the use of that property for flood control purposes if the 2-13 improvements do not significantly impede the flow of floodwaters or 2-14 reduce the carrying capacity of the drainage facilities of the 2-15 district. 2-16 (e) The district shall exercise its powers and use its 2-17 property under this section: 2-18 (1) in an environmentally sensitive and aesthetically 2-19 pleasing manner that promotes public health, safety, and welfare; 2-20 (2) in compliance with all state and federal 2-21 requirements, including requirements imposed by law, by rule or 2-22 regulation, by grant conditions, or by program standards; and 2-23 (3) in a manner that qualifies for any reasonably 2-24 available source of funding for the improvements to be made. 2-25 (f) The district may spend its own funds for the purposes of 2-26 this section. The capital cost to the district of parks, trails, 2-27 facilities, and improvements under this section may not exceed five 3-1 percent of the total cost of the flood control facilities and 3-2 projects with which the improvements are associated. This section 3-3 does not limit the expenditure of funds from sources other than 3-4 taxes collected by the district. 3-5 (g) The exercise of powers, expenditure of funds, and use of 3-6 property by the district under this section are subject to the 3-7 control and discretion of the commissioners court. 3-8 SECTION 2. EMERGENCY. The importance of this legislation 3-9 and the crowded condition of the calendars in both houses create an 3-10 emergency and an imperative public necessity that the 3-11 constitutional rule requiring bills to be read on three several 3-12 days in each house be suspended, and this rule is hereby suspended, 3-13 and that this Act take effect and be in force from and after its 3-14 passage, and it is so enacted.