| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the right to remove property encroaching on areas owned |
|
|
or controlled by the Harris County Flood Control District. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 360, Acts of the 45th Legislature, |
|
|
Regular Session, 1937, is amended by adding Section 2A to read as |
|
|
follows: |
|
|
Sec. 2A. Right to Remove Property. (a) In this section, |
|
|
"district" means the Harris County Flood Control District. |
|
|
(b) In order to carry out district purposes, the district |
|
|
may 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 owner of the property. The district |
|
|
must send notice by certified mail to the owner of property on which |
|
|
the district intends to act under this section. Not earlier than |
|
|
the 14th day after the date the notice is sent, the district must |
|
|
send a second notice by certified mail. The district may use |
|
|
existing civil |
|
|
lawsuit processes against the owner of the property |
|
|
to recover the cost of removing the property not earlier than the |
|
|
seventh day after the date the second notice was received. |
|
|
(c) In a suit brought by a property owner regarding the |
|
|
removal of property under this section, a court may deny a request |
|
|
for temporary injunctive relief against the district and may issue |
|
|
injunctive relief allowing the district to remove the property if |
|
|
the district shows a substantial likelihood of success on the |
|
|
merits. |
|
|
SECTION 2. This Act takes effect September 1, 2019. |