By: Harless (Senate Sponsor - Bettencourt) H.B. No. 5334
         (In the Senate - Received from the House May 3, 2023;
  May 5, 2023, read first time and referred to Committee on Local
  Government; May 19, 2023, reported favorably by the following
  vote:  Yeas 8, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the creation of the Cypress Creek Drainage Improvement
  District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 6608 to read as follows:
  CHAPTER 6608. CYPRESS CREEK DRAINAGE IMPROVEMENT DISTRICT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 6608.0101.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Cypress Creek Drainage
  Improvement District.
         Sec. 6608.0102.  NATURE OF DISTRICT. The district is a
  conservation and reclamation district created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 6608.0103.  CONFIRMATION AND DIRECTOR ELECTION
  REQUIRED. (a)  The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         (b)  If the creation of the district is not confirmed and
  permanent directors are not elected under this section before
  September 1, 2027, the district shall be dissolved in accordance
  with Subchapter D.
         Sec. 6608.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  6608.0103 until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has
  consented by ordinance or resolution to the creation of the
  district and to the inclusion of land in the district.
         Sec. 6608.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
  (a) The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a conservation and reclamation district as
  provided by general law and Section 59, Article XVI, Texas
  Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction and maintenance of pools, lakes,
  reservoirs, dams, canals, and waterways for the purposes of
  irrigation, drainage, or navigation.
         Sec. 6608.0106.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting this chapter form a closure. A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity; or
               (2)  legality or operation.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 6608.0201.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 6608.0202, directors
  serve staggered four-year terms.
         Sec. 6608.0202.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Mark Adam;
               (2)  Calvin Cobb;
               (3)  Clara Lewis;
               (4)  Joe Myers; and
               (5)  Barbara Schlattman.
         (b)  Temporary directors serve until the either of:
               (1)  the date permanent directors are elected under
  Section 6608.0103; or
               (2)  September 1, 2027.
         (c)  If a temporary director is unable or unwilling to
  complete the director's term, the commission shall appoint a
  temporary director to serve the remainder of the director's term.
  In making the appointment, the commission shall consider input from
  the remaining directors, owners of real property in the district,
  the Cypress Creek Flooding Task Force, and the Cypress Creek Flood
  Control Coalition, or a successor organization, as provided by
  Subsection (d).
         (d)  Not sooner than the 90th day and not later than the 10th
  day before the date a temporary director's term ends, the Cypress
  Creek Flooding Task Force and the Cypress Creek Flood Control
  Coalition may submit a petition to the commission requesting that
  the commission appoint a successor temporary director from the
  persons named in the petition.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 6608.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 6608.0302.  WATER CONTROL AND IMPROVEMENT DISTRICT
  POWERS AND DUTIES. (a)  The district has the powers and duties
  provided by the general law of this state, including Chapters 49 and
  51, Water Code, applicable to water control and improvement
  districts created under Section 59, Article XVI, Texas
  Constitution.
         (b)  The district may seek and use grants, gifts, donations,
  or money from other stormwater or drainage programs.
         (c)  The district may not issue bonds or impose a tax, fee, or
  assessment under Chapter 49 or 51, Water Code.
         Sec. 6608.0303.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. DISSOLUTION
         Sec. 6608.0401.  DISSOLUTION. (a) If permanent directors
  have not been elected under Section 6608.0103 by September 1, 2027,
  the district is dissolved. 
         (b)  On dissolution of the district, the board shall transfer
  all assets, contractual rights, and obligations of the district to
  the Harris County Flood Control District.
         SECTION 2.  The Cypress Creek Drainage Improvement District
  initially includes all the territory contained in the Cypress Creek
  Watershed as defined by the Harris County Flood Control District
  Geo-Database file dated June 2007, excluding any territory, as of
  the effective date of this Act, within the boundaries or
  extraterritorial jurisdiction of the Cities of Waller and Prairie
  View.
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
 
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