88R20022 ANG-D
 
  By: Bettencourt S.B. No. 1250
 
  (Swanson)
 
  Substitute the following for S.B. No. 1250:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers of the Harris County Water Control and
  Improvement District No. 110; providing authority to impose a fee
  and impose fines and penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 7938 to read as follows:
  CHAPTER 7938. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
  NO. 110
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 7938.0101.  DEFINITION. In this chapter, "district"
  means the Harris County Water Control and Improvement District
  No. 110.
  SUBCHAPTER B. POWERS AND DUTIES
         Sec. 7938.0201.  AUTHORITY TO ISSUE CERTIFICATES OF
  COMPLIANCE FOR STORMWATER DETENTION FACILITIES. (a) The district
  may implement a program to require and issue an annual written
  certificate of compliance to the owner or operator of a stormwater
  detention facility within the boundaries of the district to ensure
  that each stormwater detention facility is operating to abate
  flooding as designed and approved by the applicable regulatory
  authority.
         (b)  The district may assess reasonable charges and fees for
  the implementation, administration, and enforcement of this
  section.
         (c)  The district may impose a fine or penalty on the owner or
  operator of a stormwater detention facility for the failure to hold
  a certificate of compliance as required by the district under this
  section.
         (d)  This section does not apply to a stormwater detention
  facility that is owned or operated by a public entity other than the
  district or that operates under a permit held by a public entity
  other than the district.
         SECTION 2.  The Harris County Water Control and Improvement
  District No. 110 retains all the rights, powers, privileges,
  authority, duties, and functions that it had before the effective
  date of this Act.
         SECTION 3.  (a)  The legislature validates and confirms all
  governmental acts and proceedings of the Harris County Water
  Control and Improvement District No. 110 that were taken before the
  effective date of this Act.
         (b)  This section does not apply to any matter that on the
  effective date of this Act:
               (1)  is involved in litigation if the litigation
  ultimately results in the matter being held invalid by a final court
  judgment; or
               (2)  has been held invalid by a final court judgment.
         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.