BILL ANALYSIS

C.S.H.B. 3782

By: Harless

Natural Resources

Committee Report (Substituted)

BACKGROUND AND PURPOSE

It has been noted that the Harris County Flood Control District has numerous property interests in Harris County and that encroachments from neighboring properties are a common problem and make maintaining the critical flood prevention infrastructure in the county more costly to the taxpayers and difficult for the district. Concerns have been raised regarding the expensive and time-consuming process to remove these encroachments. C.S.H.B. 3782 seeks to address these concerns by authorizing the district to remove, without the consent of the property's owner but with notice, real or personal property placed on land owned by the district or land subject to an easement held by the district.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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.

ANALYSIS

C.S.H.B. 3782 amends Chapter 360, Acts of the 45th Legislature, Regular Session, 1937, to authorize the Harris County Flood Control District, in order to carry out district purposes, to remove real or personal property placed on land owned by the district or land subject to an easement held by the district, regardless of when the real or personal property was put in place and without the consent of the property's owner. The bill requires the district to send notice by certified mail to the owner of property on which the district intends to act under the bill's provisions and to send a second notice by certified mail not earlier than the 14th day after the date the initial notice is sent. The bill authorizes the district to bring a cause of action against the owner to recover the cost of removing the property not earlier than the seventh day after the date the second notice was received.

C.S.H.B. 3782 authorizes a court, in a suit brought by a property owner regarding the removal of property, to deny a request for temporary injunctive relief against the district and to issue injunctive relief allowing the district to remove the property if the district shows a substantial likelihood of success on the merits.

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3782 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes provisions relating to:

·         notice requirements for the district's intention to remove real or personal property placed on land owned by the district or land subject to an easement held by the district; and

·         the time frame in which the district may bring a cause of action to recover the cost of removing the property.