BILL ANALYSIS
H.B. 3179
By: J. Harris
4-21-95
Committee Report (Amended)
BACKGROUND
The Clear Creek Watershed falls into Fort Bend, Brazoria, Galveston
and Harris Counties. Presently, the watershed area covers
approximately 260 square miles of land and contains approximately
274,000 people and is expected to grow to the population of 380,000
by the year 2000 and increase to 530,000 by the year 2020. Since
about 1960, increases in area development have combined with the
flat land surfaces and clay soils to produce runoff rates that
exceed the capacity of the watershed drainage system and make
flooding a costly problem. Tropical Storm Claudette in July, 1979,
delivered 10-25 inches of rainfall across the entire watershed
which resulted in flooding that caused residential and commercial
damages estimated at $90,200,000. Total property damages in the
watershed were estimated at $230 million. Under existing
conditions, average annual flood damages in the watershed are
estimated at about $6.6 million.
The Clear Creek Watershed encompasses numerous political
subdivisions that include counties, cities, utility districts and
drainage districts. Creation of the proposed Clear Creek Watershed
Regional Flood Control District will provide a governing body for
the entire watershed so that needed improvements may be made in an
orderly, efficient manner.
PURPOSE
To provide for the creation of the Clear Creek Regional Flood
Control District. The district is authorized to create a regional
flood control plan and to bring injunctive relief and seek civil
penalty for violation of the plan. The district is empowered to
construct and make improvements to the main channel of Clear Creek.
The bill provides for political subdivisions and individuals being
authorized, by certificates granted by the district, to make other
improvements to tributaries and other lands in the district. After
voters approval, the district is authorized to levy ad valorem
taxes to support bonds for flood control and for operations and
maintenance in the district.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
Section 1. Provides definitions.
Section 2. Creates the Clear Creek Regional Flood Control District
as a conservation and reclamation district, a governmental agency
and body politic and corporate for the purposes of controlling the
streams and flood waters of the Clear Creek watershed for flood
control purposes and the drainage and reclamation of overflowed
land in the Clear Creek watershed.
Section 3. Provides for the boundaries of the district, identified
by census tracts located in portions of Brazoria, Fort Bend,
Galveston and Harris Counties, and which generally encompass the
watershed of Clear Creek.
Section 4. Provides for a five-member governing board, appointed
by the Commissioners Courts of Brazoria, Fort Bend, Galveston and
Harris Counties, serving four-year terms. The board members must
be elected officials in a political subdivision within the district
at the time of their appointment. Directors receive no
compensation.
Section 5. Provides for a confirmation election for the district.
Section 6. Allows the board to employ a general manager and other
personnel that the board chooses, including the requirement to
appoint a professional civil engineer for the district.
Section 7. Requires designation of a principal office of the
district.
Section 8. Provides for general powers and duties of the district
as follows: the district is directly and primarily responsible to
construct flood control projects only on the main channel of Clear
Creek and for maintenance on the main channel of Clear Creek. The
district shall develop a master flood control plan for all lands
within the boundaries of the district, and is responsible for
approving and coordinating flood control improvements and
maintenance within the district. The district is also authorized
to apply for and accept gifts and grants, cooperate with the
federal government, state and local agencies, acquire and dispose
of land, authorize its officers, employees or agents to go upon
land for lawful purposes, enter into contracts, adopt rules, to sue
and to be sued, adopt a seal, levy impact fees, and do any and all
acts or things necessary or proper to carry out the duties of the
act.
Section 9. Requires the district engineer to develop a flood
control and drainage plan.
Section 10. Provides for notice and hearing on the plan.
Section 11. Provides for the board to make changes to the plan and
adopt the plan, with the plan being submitted to Commissioners
Courts of Brazoria, Fort Bend, Galveston and Harris Counties. If
the district board and Commissioners Courts cannot agree on changes
on the plan, the district engineer settles the dispute.
Section 12. Provides for the district board to amend the plan
after notice and hearing.
Section 13. Provides that only improvements compatible with the
plan may be constructed. Improvements and maintenance on the main
channel are to be constructed or performed only by the district,
and improvements on tributaries to Clear Creek or lands within the
Clear Creek watershed are to be constructed by other political
subdivisions and persons.
Section 14. Provides the district shall cooperate with other local
governments to provide uniform programs and coordinating planning.
Section 15. Provides the district has primary jurisdiction over
matters relating to flood control and drainage and can take
necessary action to assure compliance with the district's flood
control plan.
Section 16. Requires a certificate before a person or political
subdivision engages in an activity that alters or affects flood
control or drainage.
Section 17. Provides the board to adopt by rule or order
exemptions for specified activities which have minimal or no impact
on flood control or drainage.
Section 18. Requires persons who engage in activities that will
alter or otherwise affect flood control or drainage to submit to
the board written notice of intent to engage in that activity and
plans related thereto.
Section 19. Provides for the district engineer to consider
applications submitted under Section 18 and determine if those
activities are compatible with the district's flood control plan.
Section 20. Provides that the board may issue or deny a
certificate based on whether a proposed activity is in conformance
with the district's flood control plan.
Section 21. Provides that persons or political subdivisions may
not place obstructions or construct or alter a structure on land in
the district if such action is not compatible with the flood
control plan and no certificate has been issued, and allows the
district to order removal of an obstruction or structure
constructed after adoption of the district's plan or to make
changes thereto to make it compatible with the plan.
Section 22. Provides the district with injunctive relief to
enforce its plan, and to prevent activities done without a
certificate and not in conformance with the plan.
Section 23. Provides a civil penalty against a person or political
subdivision who constructs without a certificate or fails to remove
obstructions of not less than $100 not more than $1000 for each act
of violation and each day of violation.
Section 24. Provides for eminent domain for the district.
Section 25. Provides for competitive bidding for construction
contracts.
Section 26. Provides that the district may use funds available to
pay for construction and acquisition of property and other matters
relating to powers of the district.
Section 27. Provides for the investment of the district's funds.
Section 28. Provides for adoption of the district's budget.
Section 29. Provides for the district's issuance of bonds based
upon ad valorem taxes after notice and election.
Section 30. Provides for bond election.
Section 31. Provides for refunding bonds.
Section 32. Provides for the district bonds to be submitted to the
attorney general and registered with the comptroller.
Section 33. Provides for capitalized interests to be set aside
from bond proceeds.
Section 34. Provides for the district's bonds to be legal
investments.
Section 35. Provides remedies to bondholders.
Section 36. Provides for tax exemption of the district bonds by
Texas entities.
Section 37. Provides for maintenance and operation ad valorem
taxes that may be imposed by the district after election.
Section 38. Provides for levy of taxes authorized by the Act.
Section 39. Provides for joint projects with a political
subdivision located wholly or partially in the district.
Section 40. Provides for liberal construction of the Act.
Section 41. Finds that all property within the district is and
will be benefitted by the district and by improvements and
facilities to be constructed or to be acquired under the provisions
of the Act. Section 42. Finds that the requirements of Article 16, Section 59
of the Texas Constitution have been met.
Section 43. Emergency clause.
EXPLANATION OF AMENDMENTS
Committee Amendment No.1: (1) On page 10, line 11, substitutes
the words "infrastructure alterations" for the word "maintenance";
(2) on page 14, line 18, inserts the word "only" after the word
"subsection".
Committee Amendment No.2: On page 12, line 18, after the word
"district", adds ", including the Clear Creek Regional Watershed
Plan as adopted by the Clear Creek Watershed Steering Committee."
Committee Amendment No.3: On page 15, line 8, after the words
"Section 16.", adds "If a political subdivision has its plan
approved by the Board, any improvements within the subdivision
which are consistent with the approved plan are exempt from
certification by the Board."
Committee Amendment No.4: Revamps Section 3 of the bill to
exclude the City of LaPorte.
Committee Amendment No.5: Adds a new subsection (m) to Section
4 (page 7, line 5) to establish an advisory committee to the board.
Committee Amendment No.6: (1) On page 11, lines 6-7, deletes
the words "local governments"; (2) on page 12, line 4, adds a new
subsection (g) to Section 8, to provide that the district shall
advise, consult, and cooperate with local governments on matters
regarding the water shed.
SUMMARY OF COMMITTEE ACTION
H.B.3179 was considered by the committee in a public hearing on
April 18, 1995.
The following persons testified in favor of the bill:
Mr. John Hargrove, representing himself and City of Pearland
and Mayor Pro Tem David L. Smith, Jr.;
Mr. Richard Burdine, representing himself and Mayor Pro Tem
David Smith, City of Pearland, Texas;
Mr. Doug Kneupper, representing Mayor Evelyn Newman, City of
Friendswood.
The following person testified against the bill:
Mr. Ray Rogers, representing Clear Creek Drainage District.
The following person testified on the bill:
Mr. David Kocurek, representing Clear Creek Drainage District.
The committee considered three (3) amendments to the bill. All
three (3) of those amendments were adopted without objection.
The bill was left pending.
H.B.3179 was considered by the committee in a formal meeting on
April 21, 1995.
No testimony was received.
The committee considered three (3) more amendments to the bill.
All three (3) of those amendments were adopted without objection.
The bill was reported favorably as amended, with the recommendation
that it do pass and be printed, by a record vote of 6 ayes, 0 nays,
0 pnv, and 3 absent.