By: Shelley S.B. No. 586 73R3875 MI-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of the Harris County Flood Control 1-3 District to provide for or participate in the development, 1-4 operation, and maintenance of certain recreational and 1-5 environmental improvements in connection with flood control 1-6 facilities and projects. 1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-8 SECTION 1. RECREATIONAL AND ENVIRONMENTAL IMPROVEMENTS. (a) 1-9 The Harris County Flood Control District, in connection with flood 1-10 control facilities and projects, may provide for or participate in 1-11 the development, operation, or maintenance of: 1-12 (1) linear parks along drainage courses maintained and 1-13 operated by the district; 1-14 (2) hike and bike trails; 1-15 (3) nonenclosed recreational facilities, including 1-16 game fields and playgrounds; and 1-17 (4) other environmental improvements, including: 1-18 (A) public or private nature preserves or 1-19 wildlife habitat restoration and improvement projects; 1-20 (B) local, state, or federal storm water quality 1-21 control and improvement programs; and 1-22 (C) programs to mitigate adverse environmental 1-23 impacts resulting from the construction or operation of flood 1-24 control facilities and projects. 2-1 (b) In order to carry out the purposes of Subsection (a), 2-2 the district may execute contracts or enter into cooperative 2-3 agreements with: 2-4 (1) the federal government, a federal agency, or a 2-5 federally sponsored organization; 2-6 (2) the state, a state agency, a political subdivision 2-7 of the state, or any unit of local government; 2-8 (3) a nonprofit corporation or foundation; 2-9 (4) a private individual or corporation; or 2-10 (5) a public service organization or neighborhood 2-11 association. 2-12 (c) The district may use property, rights-of-way, easements, 2-13 or other land owned or managed by or otherwise available to the 2-14 district for the purposes of Subsection (a). 2-15 (d) The use by the district of any property owned or managed 2-16 by or otherwise available to the district for the purposes of 2-17 Subsection (a) is determined to be consistent with the use of that 2-18 property for flood control purposes if the improvements do not 2-19 significantly impede the flow of floodwaters or reduce the carrying 2-20 capacity of the drainage facilities of the district. 2-21 (e) The district shall exercise its powers and use its 2-22 property under this section: 2-23 (1) in an environmentally sensitive and aesthetically 2-24 pleasing manner that promotes public health, safety, and welfare; 2-25 (2) in compliance with all state and federal 2-26 requirements, including requirements imposed by law, by rule or 2-27 regulation, by grant conditions, or by program standards; and 3-1 (3) in a manner that qualifies for any reasonably 3-2 available source of funding for the improvements to be made. 3-3 (f) The district may spend its own funds for the purposes of 3-4 this section. The capital cost to the district of parks, trails, 3-5 facilities, and improvements under this section may not exceed five 3-6 percent of the total cost of the flood control facilities and 3-7 projects with which the improvements are associated. This section 3-8 does not limit the expenditure of funds from sources other than 3-9 taxes collected by the district. 3-10 (g) The exercise of powers, expenditure of funds, and use of 3-11 property by the district under this section are subject to the 3-12 control and discretion of the commissioners court. 3-13 SECTION 2. EMERGENCY. The importance of this legislation 3-14 and the crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended, 3-18 and that this Act take effect and be in force from and after its 3-19 passage, and it is so enacted.