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.