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.