SLC C.S.H.B. 3330 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
C.S.H.B. 3330
By: Talton
4-25-97
Committee Report (Substituted)



BACKGROUND 

Ditch C106-03-00, in the southeast portion of Houston, is "owned" by three
or four governmental agencies-city, county, state, and transit authority.
Each entity seems to "pass" on responsibility for the ditch and or the
need permission from another agency to accomplish maintenance or repair.
Furthermore, some argue that no one entity wants to take responsibility
for what happens upstream or downstream.   

PURPOSE

HB 3330 will transfer sole responsibility of drainage outfall ditch,
C106-03-00, to the Harris County Flood Control 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.  

 (a) states that any easement or ownership interest held by TXDOT, Harris
County, the City of Houston, or any other state or local government entity
in the drainage outfall ditch, C10603-00, is transferred to the Harris
County Flood District where they maintain sole responsibility of the
ditch. 

 (b) states that assumption by the Harris County Flood Control District of
authority over the drainage ditch, including maintaining and repairing the
ditch, is adequate and fair consideration of the ownership interests
transferred to the flood control district. 

SECTION 2.  Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 3330 changes the wording in SECTION 1 (b) to state the The assumption
by the Harris County Flood Control District of "authority over" the
drainage outfall ditch.  The original legislation stated that the Flood
Control district had sole responsibility of the drainage outfall ditch.