BILL ANALYSIS |
C.S.H.B. 3890 |
By: Toth |
Natural Resources |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
There is concern that statutes governing the Montgomery County Water Control and Improvement District No. 2 do not address the powers and duties of the district related to fill projects. Interested parties support allowing the district to finance and construct fill projects for the purposes of reclamation, flood protection, and drainage of property. C.S.H.B. 3890 seeks to achieve this goal by amending the law relating to the powers and duties of the Montgomery County Water Control and Improvement District No. 2.
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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.
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ANALYSIS
C.S.H.B. 3890 amends the Special District Local Laws Code to grant the Montgomery County Water Control and Improvement District No. 2 the powers and duties provided by the general law of Texas, including provisions of the Water Code applicable to all districts and levee improvement districts. The bill authorizes the district to reclaim land in the district and to construct works, facilities, and improvements necessary to accomplish that purpose. The bill authorizes the district to finance and contract for the construction of a fill project or for the acquisition of land for a fill project in the district, including drainage and reclamation, and requires the Texas Commission on Environmental Quality to consider the district to be a levee improvement district for the district's exercise of such a power or performance of a duty. The bill requires the district, for any fill or levee project located in the district and in the watershed of the San Jacinto River Basin, to obtain approval for the plan from any state or federal agency with jurisdiction to permit a project of the same type and from any municipality with a right to divert state water from a point located between the district and Lake Houston.
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 3890 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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