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.