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
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