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A BILL TO BE ENTITLED
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AN ACT
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relating to the right to remove property encroaching on areas owned |
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or controlled by the Harris County Flood Control District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 360, Acts of the 45th Legislature, |
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Regular Session, 1937, is amended by adding Section 2A to read as |
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follows: |
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Sec. 2A. Right to Remove Property. (a) In this section, |
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"district" means the Harris County Flood Control District. |
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(b) In order to carry out district purposes, the district |
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may remove real or personal property placed on land owned by the |
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district or land subject to an easement held by the district, |
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regardless of when the real or personal property was put in place |
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and without the consent of the owner of the property. The district |
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may bring a cause of action against the owner of the property to |
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recover the cost of removing the property. |
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(c) In a suit brought by a property owner regarding the |
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removal of property under this section, a court may deny a request |
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for temporary injunctive relief against the district and may issue |
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injunctive relief allowing the district to remove the property if |
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the district shows a substantial likelihood of success on the |
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merits. |
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SECTION 2. This Act takes effect September 1, 2019. |