1-1 By: Shelley S.B. No. 586 1-2 (In the Senate - Filed March 3, 1993; March 3, 1993, read 1-3 first time and referred to Committee on Natural Resources; 1-4 March 16, 1993, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 11, Nays 0; March 16, 1993, 1-6 sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Sims x 1-10 Truan x 1-11 Armbrister x 1-12 Barrientos x 1-13 Bivins x 1-14 Brown x 1-15 Carriker x 1-16 Lucio x 1-17 Montford x 1-18 Ratliff x 1-19 Shelley x 1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 586 By: Shelley 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to the authority of the Harris County Flood Control 1-24 District to provide for or participate in the development, 1-25 operation, and maintenance of certain recreational and 1-26 environmental improvements in connection with flood control 1-27 facilities and projects. 1-28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-29 SECTION 1. RECREATIONAL AND ENVIRONMENTAL IMPROVEMENTS. 1-30 (a) The Harris County Flood Control District, in connection with 1-31 flood control facilities and projects, may provide for or 1-32 participate in the development, operation, or maintenance of: 1-33 (1) linear parks along drainage courses maintained and 1-34 operated by the district; 1-35 (2) hike and bike trails; 1-36 (3) nonenclosed recreational facilities, including 1-37 game fields and playgrounds; and 1-38 (4) other environmental improvements, including public 1-39 or private nature reserves or wildlife habitat restoration and 1-40 improvement projects. 1-41 (b) In order to carry out the purposes of Subsection (a) of 1-42 this section, the district may execute contracts or enter into 1-43 cooperative agreements with: 1-44 (1) the federal government, a federal agency, or a 1-45 federally sponsored organization; 1-46 (2) the state, a state agency, a political subdivision 1-47 of the state, or any unit of local government; 1-48 (3) a nonprofit corporation or foundation; 1-49 (4) a private individual or corporation; or 1-50 (5) a public service organization or neighborhood 1-51 association. 1-52 (c) The district may use property, rights-of-way, easements, 1-53 or other land owned or managed by or otherwise available to the 1-54 district for the purposes of Subsection (a) of this section. 1-55 (d) The use by the district of any property owned or managed 1-56 by or otherwise available to the district for the purposes of 1-57 Subsection (a) of this section is determined to be consistent with 1-58 the use of that property for flood control purposes if the 1-59 improvements do not significantly impede the flow of floodwaters or 1-60 reduce the carrying capacity of the drainage facilities of the 1-61 district. 1-62 (e) The district shall exercise its powers and use its 1-63 property under this section: 1-64 (1) in an environmentally sensitive and aesthetically 1-65 pleasing manner that promotes public health, safety, and welfare; 1-66 (2) in compliance with all state and federal 1-67 requirements, including requirements imposed by law, by rule or 1-68 regulation, by grant conditions, or by program standards; and 2-1 (3) in a manner that qualifies for any reasonably 2-2 available source of funding for the improvements to be made. 2-3 (f) The district may spend its own funds for the purposes of 2-4 this section. The capital cost to the district of parks, trails, 2-5 facilities, and improvements under this section may not exceed five 2-6 percent of the total cost of the flood control facilities and 2-7 projects with which the improvements are associated. This section 2-8 does not limit the expenditure of funds from sources other than 2-9 taxes collected by the district. 2-10 (g) The exercise of powers, expenditure of funds, and use of 2-11 property by the district under this section are subject to the 2-12 control and discretion of the commissioners court. 2-13 SECTION 2. EMERGENCY. The importance of this legislation 2-14 and the crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended, 2-18 and that this Act take effect and be in force from and after its 2-19 passage, and it is so enacted. 2-20 * * * * * 2-21 Austin, 2-22 Texas 2-23 March 16, 1993 2-24 Hon. Bob Bullock 2-25 President of the Senate 2-26 Sir: 2-27 We, your Committee on Natural Resources to which was referred S.B. 2-28 No. 586, have had the same under consideration, and I am instructed 2-29 to report it back to the Senate with the recommendation that it do 2-30 not pass, but that the Committee Substitute adopted in lieu thereof 2-31 do pass and be printed. 2-32 Sims, 2-33 Chairman 2-34 * * * * * 2-35 WITNESSES 2-36 FOR AGAINST ON 2-37 ___________________________________________________________________ 2-38 Name: Donald Lee x 2-39 Representing: Harris Co. Judge Lindsay 2-40 City: Houston 2-41 -------------------------------------------------------------------