88R8376 MP-D
 
  By: Bettencourt S.B. No. 2431
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Harris County Flood Control District; providing for
  the appointment of the governing body.
         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 amending Sections 1, 2, 2A, 3,
  4, 5, 6, 7, 8, 9, 10, 11, 12, 12-a, and 12-b and adding Sections 1A,
  1B, and 1C to read as follows:
         Sec. 1.  Gulf Coast Resiliency [Harris County Flood Control]
  District Created.  There is hereby created and established within
  the State of Texas, in addition to the districts into which the
  State has heretofore been divided, in the form and manner
  hereinafter provided, a conservation and reclamation district to be
  known as the Gulf Coast Resiliency [Harris County Flood Control]
  District, hereinafter called the District[, and consisting of that
  part of the State of Texas which is known as and included within the
  boundaries of the County of Harris].  Such District shall be a
  governmental agency and body politic and corporate, with the powers
  of government and with the authority to exercise the rights,
  privileges, and functions hereinafter specified, the creation and
  establishment of such District being essential to the
  accomplishment of the purposes of Section 59 of Article XVI of the
  Constitution of the State of Texas, as amended, including the
  control, storing, preservation, and distribution of the storm and
  flood waters, and the waters of the rivers and streams within the
  bounds of the District [in Harris County] and their tributaries,
  for domestic, municipal, flood control, irrigation, and other
  useful purposes, the reclamation and drainage of the overflow land
  within the bounds of the District [of Harris County], the
  conservation of forests, and to aid in the protection of navigation
  on the navigable waters by regulating the flood and storm waters
  that flow into said navigable streams.
         [The Commissioners Court of Harris County, Texas, is hereby
  designated as the governing body of such District and the agency
  through which the management and control of the District shall be
  administered, and it is hereby empowered to do any and all things
  necessary to carry out the aims and purposes of this Act.]
         Sec. 1A.  DEFINITIONS. In this Act:
               (1)  "Board" means the governing body of the district.
               (2)  "District" means the Gulf Coast Resiliency
  District.
               (3)  "Presiding officer" means the presiding officer of
  the board.
               (4)  "Secretary" means the secretary of the board.
               (5)  "Treasurer" means the treasurer of the board.
         Sec. 1B.  DISTRICT TERRITORY. The boundaries of the
  district are coextensive with the boundaries of Harris County.
         Sec. 1C.  BOARD; TERMS. (a)  The board is composed of five
  members who are appointed by the governor with the advice and
  consent of the senate.
         (b)  The members of the board hold office for staggered terms
  of four years, with the terms of two or three members expiring
  January 1 of each odd-numbered year. Each member holds office until
  a successor is appointed and has qualified.
         (c)  The governor shall designate one member as the presiding
  officer of the board to serve at the will of the governor.  The board
  shall elect from among its members a secretary and a treasurer and
  other officers the presiding officer considers necessary.
         (d)  A member of the board may not receive compensation but
  is entitled to reimbursement of the travel expenses incurred by the
  member while conducting the business of the board.
         Sec. 2.  Added Powers.  In addition to the powers given to the
  Board [Commissioners Court] by General Laws and in addition to the
  general powers herein given, it shall be authorized in connection
  with the [Harris County Flood Control] District to exercise the
  following added rights, powers, privileges, and functions:
         a.  To acquire land and rights and interest therein and any
  other character of property needed to carry on the work of flood
  control, by gift, devise, purchase, or condemnation;
         b.  To sell, trade, or otherwise dispose of land or other
  property or rights therein when the same are no longer needed for
  the project or flood control purposes;
         c.  To hire [appoint] a flood control manager and other 
  [such] agents and employees [of the County] for flood control
  purposes as may be necessary, including an engineer and counsel,
  and to prescribe their duties and fix their bonds and compensation;
         d.  To authorize its officers, employees, or agents to go
  upon any lands lying within the District for the purpose of making
  surveys and examining the same in connection with flood control
  plans and projects, and for any other lawful purpose within the
  scope of its authority;
         e.  To devise plans and construct works to lessen and control
  floods; to reclaim lands in the District; to prevent the deposit of
  silt in navigable streams; to remove obstructions, natural or
  artificial, from streams and water courses; to regulate the flow of
  surface and flood waters; and to provide drainage where essential
  to the flood control project;
         f.  To exercise all powers, rights, privileges, and
  functions conferred by general law upon flood control districts
  created pursuant to Section 59 of Article XVI of the Constitution of
  Texas [, as amended, so far as the same may be applicable to Harris
  County and essential to the flood control project];
         g.  To cooperate with and contract with the United States of
  America or with any of its agencies now existing, or which may be
  created hereafter, for grants, loans, or advancements to carry out
  any of the powers or to further any of the purposes set forth in this
  Act and to receive and use said moneys for such purposes; or to
  contribute to the United States of America or any of its agencies in
  connection with any project undertaken by it affecting or relating
  to flood control in the District [Harris County];
         h.  To cooperate [with,] or [to] contract with a municipality
  or county within the District, [the City of Houston, or] any
  adjacent county, or any agency or political subdivision of the
  State [, or any city or town within Harris County] in relation to
  surveys, the acquisition of land or right of ways, the construction
  or maintenance of projects or parts thereof or the financing of the
  same in connection with any matter within the scope of this Act;
         i.  To sue and be sued in any proper case under the laws of
  this State; and all courts shall take judicial notice of the
  establishment of the said District; and
         j.  To do any and all other acts or things necessary or proper
  to carry into effect the foregoing powers.
         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 30th 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
  30th day after the date the second notice was received.
         Sec. 3.  Petition for Hearing.  A petition may be filed with
  the Board [County Clerk of Harris County for submission to the
  Commissioners Court], signed by not less than fifty (50) qualified
  property taxpaying voters resident of the District [said County]
  who own and assess property therein, accompanied by the certificate
  of the Assessor and Collector of Taxes showing that such persons
  have correctly stated the facts with respect to their
  qualifications to sign the petition, which petition may request the
  submission to the qualified voters the question of the issuance of a
  named amount of bonds for flood control purposes under the
  provisions of Section 59 of Article XVI of the Constitution of the
  State of Texas, as amended.  Said petition shall set out the general
  nature of the work to be done, the necessity therefor, the
  feasibility thereof, and a reasonable amount of detail with respect
  to the matters alleged, sufficient to inform the Board 
  [Commissioners Court] fully of the purpose, utility, feasibility,
  and necessity therefor.  The petition shall state the estimated
  cost of the project as then estimated and its operating costs and
  shall give such additional information as may be available for the
  purpose.  The petition shall request that the Board [Commissioners
  Court] hear evidence of the feasibility, practicability, and cost
  of the project and whether or not the same would be a public benefit
  and is needed, and that an election be called to determine whether
  or not said bonds shall be issued.
         Sec. 4.  Notice of Hearing.  Notice of such hearing shall be
  given by publication once a week for two (2) consecutive weeks prior
  to the date fixed for such hearing and exclusive thereof in a daily
  newspaper published in the District [Harris County] which said
  notice shall consist of a certified copy of the petition and of the
  order of the Board [Court] setting the same for hearing and shall be
  signed by the presiding officer [County Judge].  In addition
  thereto, the Sheriff of each county in the District [Harris County]
  shall post at least fifteen (15) days prior to the date of hearing,
  one copy of said notice at each of four (4) public places in each
  county in the District [Harris County] and one copy thereof at the
  Courthouse door of each county in the District, and said sheriff and
  the editor of the newspaper in which said notice is published shall
  make due return under oath showing the dates of posting and
  publication, respectively.
         Sec. 5.  Hearing.  The Board [Commissioners Court] shall
  have jurisdiction to hear, consider, and determine the matters
  brought before it in said petition and by the evidence produced in
  favor of and against the proposition to issue bonds.  The hearing
  may be continued from day to day.  Should the Board [Court] refuse
  said petition it shall so find and its orders shall be recorded in
  its minutes refusing said petition and giving its reasons therefor.  
  Should the Board [Commissioners Court] determine that the
  proposition to issue such bonds should be submitted at an election
  called for the purpose it shall thereupon enter its order making its
  findings with respect to the matters herein provided for and shall
  be authorized to submit in accordance with the provisions of the
  Constitution and with Subdivisions 1 and 2 of Title 22 of the
  Revised Civil Statutes of Texas of 1925, to an election of the
  qualified property taxpaying voters resident of the District [said
  County] who own and assess property therein, the question of a bond
  issue for the purpose of providing said funds, and the District
  [said County] is given the right, after a majority vote of the
  electors qualified as herein required in favor of the proposition
  to issue bonds, to issue flood control bonds as authorized by
  Section 59 of Article XVI of the Constitution of the State of Texas,
  as amended, upon a compliance with the provisions of Subdivisions 1
  and 2 of Title 22, Revised Civil Statutes of Texas of 1925, and with
  this Section, and within the limitations therein prescribed; and to
  levy and assess upon all the property subject to taxation in the
  District [said County], and thereafter to collect such taxes as may
  annually be required to pay the interest on the bonds voted at said
  election and to create a sinking fund sufficient to retire said
  bonds at maturity; provided that additional bonds may be issued
  from time to time in like manner and under the same procedure.
         Provided further, however, that the initial issuance of bonds
  shall not be for a sum which will require a tax rate in excess of
  Fifteen (15) Cents on the one hundred dollars valuation on the
  property within said District, nor shall any subsequent issue of
  said bonds be authorized the effect of which will be to increase the
  tax rate for all outstanding bonds of said District including such
  issue to an amount in excess of Fifteen (15) Cents on the one
  hundred dollars valuation to pay the interest on said bonds and to
  create a sinking fund to retire the same at maturity.
         Sec. 6.  BOND RECORD.  Before any [Harris County Flood
  Control] District bonds authorized by this Act shall be sold, a
  certified copy of the proceedings for the issuance thereof
  including certificates showing the bonded indebtedness of the
  District, certificates showing the assessed values of the property
  in [of] the District [County], and certificates reflecting any
  other information which the Attorney General of the State of Texas
  may require, shall be submitted to the Attorney General; and if he
  shall approve such bonds, he shall execute a certificate to that
  effect, which shall be filed in the office of the Comptroller of
  Public Accounts of the State of Texas.
         No bonds shall be sold until the same shall have been
  registered by the Comptroller who shall so register the same if the
  Attorney General shall have filed with the Comptroller of Public
  Accounts of the State of Texas his certificate approving the bonds
  and the proceedings for the issuance thereof, as hereinabove
  provided.
         The [County] Treasurer shall keep a record in a well-bound
  book of all bonds issued and shall register therein the amount of
  bonds issued, the numbers, the denomination, rate of interest, date
  due, date of issue, the paying agent, the amount received, and the
  purchaser.  The said book shall be at all times open to the
  inspection of all proper parties, either taxpayers or bondholders
  or officials of the State or County.
         When such bonds have been registered with the [County]
  Treasurer, the Board [Commissioners Court of said County] shall set
  a date for the sale of such amount of bonds as may be needed to
  procure funds to construct the improvements then contemplated and
  pay the expenses incident thereto, and after advertising said bonds
  for sale by notice published once a week for two (2) consecutive
  weeks, shall sell such bonds upon the best terms and for the best
  price obtainable, but none of said bonds shall be sold for less than
  the face value thereof and accrued interest thereon to date of
  delivery, and the purchase price of such bonds shall be paid to the
  [County] Treasurer and shall be by him placed to the credit of the
  [Harris County Flood Control] District and said funds shall be
  available for the construction of the project and its operation as
  voted; provided that the accrued interest and premium received
  shall be credited to the interest and sinking fund of the District
  [County] for such issue of bonds.  No commission shall be paid for
  the sale of any bonds.
         All bonds approved by the Attorney General, registered by the
  Comptroller, and issued and sold in accordance with the proceedings
  so approved, shall be valid and binding obligations of the [Harris
  County Flood Control] District [of Harris County, Texas,] and shall
  be incontestable for any cause from and after the time of such
  registration, except for forgery or fraud.
         The Board [Commissioners Court] shall have the right to pay
  all the necessary expenses incident to the printing, registering,
  issuance, sale, and approval of such bonds.
         Sec. 7.  Form, Issuance, and Eligibility of Bonds.  All bonds
  issued under the provisions of this Act shall be issued in the name
  of the [Harris County Flood Control] District [of Harris County,
  Texas], and shall be signed by the presiding officer [County
  Judge], attested by the secretary [County Clerk], and the seal of
  the District [Commissioners Court of Harris County] shall be
  affixed to each of them.  Said bonds shall be registered with the
  Harris County Treasurer and his Certificate of Registration shall
  be endorsed on said bonds.  The Board [governing body] of the
  [Harris County Flood Control] District, in the issuance of bonds
  voted by the qualified taxpaying voters of said District, or in the
  issuance of refunding bonds of said District, may issue such bonds
  in any denomination it deems beneficial to the said District, as
  determined in the order authorizing their issuance.  The said bonds
  shall bear interest at a rate not to exceed five (5) percentum per
  annum, which interest shall be evidenced by attached coupons which
  shall bear the facsimile signatures of the presiding officer
  [County Judge] and of the secretary [County Clerk].  Said interest
  shall be payable annually or semi-annually as determined by the
  Board [governing body] of the [Harris County Flood Control]
  District.  The bonds shall mature serially or otherwise in such
  number of years as may be determined by the Board [Commissioners
  Court] not to exceed thirty (30) years.
         Payment of principal and interest may be made at such places
  as may be determined by the Board [governing body] of such District
  in the Order authorizing the issuance of such bonds.
         All bonds of the [Harris County Flood Control] District shall
  be and are hereby declared to be legal and authorized investments
  for banks, savings banks, trust companies, building and loan
  associations, savings and loan associations, insurance companies,
  fiduciaries, trustees and sinking funds of cities, towns and
  villages, counties, school districts, or other political
  subdivisions of the State of Texas, and for all public funds of the
  State of Texas or its agencies, including the State Permanent
  School Fund.  Such bonds shall be eligible to secure deposit of any
  and all public funds of the State of Texas, and any and all public
  funds of cities, towns, villages, counties, school districts or
  other political subdivisions or corporations of the State of Texas;
  and such bonds shall be lawful and sufficient security for said
  deposits to the extent of their value, when accompanied by all
  unmatured coupons appurtenant thereto.
         Sec. 8.  State Laws Applicable.  All existing State Laws,
  General or Special, applicable to contracts and to the receipt and
  disbursement of, and accounting for, public funds in the District
  [Harris County] are hereby made applicable to the contracts and to
  the receipt and disbursement of, and accounting for, any funds
  collected and disbursed under the terms of this Act.  The provisions
  of this Act shall be cumulative of any other laws upon the subject
  matter.
         Sec. 9.  Use of Public Property.  In the prosecution of the
  flood control plans of the [Harris County Flood Control] District,
  the District shall be recognized to have the right to make use of
  the bed and banks of the bayous, rivers, and streams lying within
  the District, subject to the prior right and authority of the Port
  of [Harris County] Houston Authority [Ship Channel Navigation
  District] over the navigable streams in the Authority [Navigation
  District] and the submerged lands heretofore given by the State of
  Texas to that Authority [Navigation District].
         The [Harris County Flood Control] District shall have a right
  of way and easement over and across the roads and highways of the
  State and its subdivisions for the construction and maintenance of
  the flood control projects of the District, subject, however, to
  the concurrence of the Texas Transportation [State Highway]
  Commission whenever such projects require the relocation or
  bridging of State highways.
         The District shall have the power and authority to overflow
  or inundate any public lands and public property, and to require the
  relocation of roads and highways, in the manner and to the extent
  permitted to any district organized under General Laws, pursuant to
  Section 59 of Article XVI of the Constitution of this State, as
  amended.
         Sec. 10.  Eminent Domain.  The [Harris County Flood Control]
  District shall have the right and power of eminent domain for the
  purpose of acquiring by condemnation any and all property of any
  kind, real, personal, or mixed, or any interest therein, within the
  boundaries of the District, necessary or convenient to the exercise
  of the rights, powers, privileges, and functions conferred upon it
  by this Act, in the manner provided by General Law with respect to
  condemnation, or, at the option of the Board [Commissioners Court],
  in the manner provided by Statutes relative to condemnation by
  districts organized under General Law pursuant to Section 59 of
  Article XVI of the Constitution of the State of Texas, as amended.
         In condemnation proceedings being prosecuted by said
  District, the District shall not be required to give bond for appeal
  or bond for costs.
         Sec. 11.  Taxes.  All laws of the State of Texas relating to
  the assessing and collecting of State and County Taxes are by this
  Act made available for, and shall be applied to, the collection of
  both current and delinquent taxes of the [Harris County Flood
  Control] District in so far as such laws are applicable.
         Sec. 12.  Officers.  The presiding officer, secretary,
  treasurer, and Board of the District [County Judge, County
  Commissioners], the Assessor and Collector of Taxes of each county
  in the District, [the County Treasurer,] and the District's 
  depository are authorized to, and shall be required to, perform all
  duties in connection with the [Flood Control] District required of
  them by law in connection with official matters for [Harris County,
  and the County Auditor shall be the Auditor for] the [Harris County
  Flood Control] District [and all of the provisions of Articles 1667
  through 1673, as amended, Acts of the Forty-third Legislature,
  Regular Session, 1933, shall apply to the Harris County Flood
  Control District].
         Sec. 12-a.  Tax Collector's Reports.  If at any time after
  the enactment of this law, the Legislature of the State of Texas
  shall make any donation or grant or diversion or remission of taxes
  to or affecting a county in the District [Harris County, Texas,] or
  the District [flood control district herein created, in H.B. 24 or
  in H.B. 158, Acts Regular Session, Forty-fifth Legislature], at the
  end of each month [after the effective date of such Act,] the
  Assessor and Collector of Taxes of each county in the District 
  [Harris County] shall make an itemized report under oath to the
  Comptroller of Public Accounts of the State of Texas on forms to be
  furnished by the Comptroller showing each and every item of the
  State taxes collected by him upon property and from persons within
  the District; and he shall accompany the same with an itemized
  statement listing all taxes received and showing full disposal of
  all such taxes collected.  The said Assessor and Collector of Taxes
  shall forward his report to the Comptroller, and shall make a like
  report to the Treasurer [County Auditor,] and [he shall] pay over to
  the [County] Treasurer all moneys collected by him as State taxes so
  donated or granted under Legislative authority, less such amounts
  as are allowed by law for assessing and collecting same, and shall
  remit the balance to the proper authority as required by then
  existing laws.
         The Board [Commissioners Court], in its discretion, may
  utilize the tax funds donated and granted by the State of Texas for
  the construction of flood control improvements and other
  improvements and purposes authorized by such enactments and the
  maintenance or operation thereof; or may deposit the same in a
  sinking fund to pay interest on and to redeem bonds of said District
  or other obligations issued for such purposes, in the manner
  hereinafter provided.
         Sec. 12-b.  Issuance of Bonds.  The District may [County of
  Harris, Texas, acting by and through its Commissioners Court, shall
  have authority and it is hereby authorized to] issue [its]
  negotiable bonds secured by a pledge of [any such] taxes hereafter
  donated, granted, diverted or remitted by the State of Texas to [it
  or] the [Flood Control] District [created herein by the terms of
  H.B. 24 or H.B. 158 of the Regular Session, Forty-fifth
  Legislature], and the proceeds of the sale of such bonds may be used
  for purchasing lands, easements, right of ways, structures, and for
  the construction of improvements, including dams, reservoirs, and
  all other works suitable for use in connection with the flood
  control program and projects in the District [said County] and the
  maintenance and operation thereof, and doing all things necessary
  to the execution of the purposes for which the grant and donation is
  made; provided, however, that the aggregate amount of bonds to be
  issued shall not exceed such sum as the donation and grant of the
  State taxes will service so as to pay interest and to create a
  sinking fund sufficient to pay said bonds at maturity.
         In the event the Board [Commissioners Court of Harris County,
  Texas,] shall determine by a majority vote on a Resolution entered
  of record, giving the reasons therefor and showing that a necessity
  exists for utilizing any tax funds hereafter donated and granted by
  the State of Texas for the issuance of bonds in order to facilitate
  the construction of improvements and make funds immediately
  available, said bonds may be issued in the form and manner
  hereinafter prescribed.  The bonds so authorized and issued in
  accordance with the provisions of this Act need not be issued at one
  time.  The amount of money necessary to provide a sinking fund to
  mature said bonds and to pay the interest thereon shall be set aside
  annually from the first of such hereafter donated and granted funds
  received from an [the] Assessor and Collector of Taxes and said
  funds may not be diverted to any other purpose.  The Board [Officers
  of the County] and the District's Depository are forbidden to
  authorize the payment of any amount from said State taxes hereafter
  so donated and granted until there has first been set aside
  therefrom an amount sufficient to cover all servicing charges for
  the bonds for the year.  Thereupon and after the treasurer [Auditor]
  has filed a certificate showing the deposit to the interest and
  sinking fund of a sufficient amount to cover such servicing charges
  for the year, any taxes hereafter donated, granted, diverted or
  remitted to [Harris County or] the [Flood Control] District
  [created herein by the State of Texas under the terms of H.B. 24 or
  H.B. 158, Acts Regular Session, Forty-fifth Legislature,]
  collected during the remainder of the year may be utilized for
  purposes consistent with this Act.  Should the necessity arise, the
  Board [Commissioners Court] may supplement from its general funds
  any State taxes hereafter donated and granted, but no tax shall ever
  be levied or any debt be created against a [the] County in the
  District for such purpose without a vote of the people.  Any bonds
  issued under this Section shall be in accordance with the
  provisions of Subdivisions 1 and 2 of Title 22, Revised Civil
  Statutes, 1925, and any amendments thereto applicable to bonds
  issued by a county.
         SECTION 2.  Section 1, Chapter 406, Acts of the 50th
  Legislature, Regular Session, 1947, is amended to read as follows:
         Sec. 1.  In eminent domain proceedings brought by the Gulf
  Coast Resiliency [Harris County Flood Control] District, the
  District shall not be required to give any security for costs at any
  stage of the proceedings.  In the event that the District should
  desire to take possession of the property sought to be condemned, it
  may do so at any time after the award of the Special Commissioners
  in eminent domain proceedings shall have been filed with the Judge
  of the County Court in which the proceedings took place, or County
  Court at Law in which the proceedings took place as the case may be,
  upon deposit with the County Clerk of the county in which the
  proceedings took place of the amount of the award.  The District
  shall not be required to deposit any further sums, nor to give any
  bond for costs.  No appeal from the finding and assessment of
  damages by the Special Commissioners appointed for that purpose
  shall have the effect of causing the suspension of work by the
  District in connection with the land condemned or the right of way,
  easement or other interest sought to be acquired.  The findings of
  the District's governing board [Commissioners Court] as to the plan
  of the work, the necessity, the location and the type of improvement
  shall be final and not subject to review except upon proof of actual
  fraud or malfeasance in office.
         SECTION 3.  Sections 1, 2, and 3, Chapter 407, Acts of the
  50th Legislature, Regular Session, 1947, are amended to read as
  follows:
         Sec. 1.  The governing body of the Gulf Coast Resiliency 
  [Harris County Flood Control] District, (hereinafter called
  "Board") may upon the petition of fifty (50) or more resident
  qualified voters who own taxable property in the District and who
  have rendered it for taxation, order an election for the purpose of
  submitting to the resident qualified voters therein who own taxable
  property therein and who have duly rendered it for taxation the
  question of whether or not the Board shall be authorized to issue
  the bonds of said District and to levy a tax for maintenance and
  operation purposes; provided that the amount of the tax for bonds
  and maintenance together in any one (1) year shall not exceed thirty
  cents (30¢) on the One Hundred Dollars ($100) valuation of taxable
  property in said District.  The petition shall conform as near as
  may be to the requirements of law now governing petitions for
  election for bonds in such District, and the election shall not be
  ordered until notice of hearing be published, and public hearing
  had, as now provided by law for the holding of elections for the
  issuance of bonds in said District.
         Sec. 2.  The time, place, manner and method of ordering,
  giving notice of and holding the election, the questions and
  propositions to be submitted, the form of the ballot, the time and
  method of declaring the result and the issuance of the bonds shall
  be governed as near as may be by the Statutes governing the holding
  of elections and the issuance of [county] bonds as provided in
  Chapters 1 and 2 of Title 22, Revised Civil Statutes, 1925[, as
  modified by the Statutes creating the Harris County Flood Control
  District]. The District may issue its bonds to mature serially or
  otherwise not to exceed thirty (30) years after their date. The
  governing body may also determine whether or not bonds shall
  contain an option of redemption, and if so, the form and date of
  such option. If the election be for a maintenance tax, then the
  ballot shall have written or printed thereon the words "For the
  Flood Control Maintenance Tax" and, "Against the Flood Control
  Maintenance Tax," and the voter shall strike out one of said
  expressions, leaving the other standing as his vote. When
  authorized, the Board may thereafter levy annually a tax sufficient
  to operate and maintain works and improvements owned or constructed
  by the District, provided the amount of such tax does not exceed the
  limit authorized.
         Sec. 3.  The Board shall have authority to issue refunding
  bonds bearing the same or a lower rate of interest to refund any
  bonds of the District theretofore issued and outstanding.
  Refunding bonds may be issued serially or otherwise for any term of
  years not exceeding thirty (30). Statutes governing refunding of
  county bonds shall apply to refunding bonds of the [Harris County
  Flood Control] District so far as applicable, except where
  otherwise expressly provided by the laws relating to said District.
         SECTION 4.  Section 1, Chapter 258, Acts of the 55th
  Legislature, Regular Session, 1957, is amended to read as follows:
         Sec. 1.  The governing body of the Gulf Coast Resiliency
  [Harris County Flood Control] District shall have the right to
  provide for and administer a retirement, disability and death
  compensation fund for the appointive officers and employees of the
  District as the governing body of the District may from time to time
  determine; and the governing body of said District shall have power
  and authority to adopt such plan or plans to effectuate the purpose
  of this Act, including such forms of insurance or annuities,
  (either or both), all as may be determined advisable by the
  governing body of the District; providing that said governing body
  of the District shall have the power and authority from time to
  time, after notice to their employees and the hearing thereon, to
  change any such plan, rule or regulation.
         SECTION 5.  Sections 1 and 4, Chapter 118, Acts of the 58th
  Legislature, Regular Session, 1963, are amended to read as follows:
         Sec. 1.  Where the following defined words appear in this
  Bill they are used in the manner set out below:
         (1)  "District" means the Gulf Coast Resiliency [Harris
  County Flood Control] District.
         (2)  "Waterway" shall include any river, creek, bayou,
  stream or other waterway, or any part thereof.
         (3)  "Landowner" means the person owning land affected by a
  building setback line.
         (4)  "Notice by certified mail" means notice addressed to the
  landowner at the last known address appearing in the records of the
  Assessor and Collector of Taxes in connection with the land in
  question, and deposited in the United States mail as certified
  mail.
         (5)  The term "to erect any structure" includes erecting,
  reconstructing, or substantially repairing any building or
  structure, but "structure" shall not be deemed to include those
  necessary or practical for the purpose of preventing erosion of
  banks.
         Sec. 4.  a.  After the governing body of the District has
  completed such hearings and shall have found that the establishing
  of such building setback lines is for the public health, safety and
  general welfare of the people within the District, and for the
  accomplishment of the purposes of Section 59 of Article XVI of the
  Constitution of the State of Texas, as amended, said governing body
  shall pass its resolution adopting such building setback lines.
  Such resolution shall contain a description of the area included
  within such building setback lines by either field notes or by map
  or plat or by both, and a certified copy thereof shall be filed for
  record immediately with the County Clerk of the affected county [of
  Harris County].
         b.  Thereafter the governing body of the District may, upon
  public hearing with like notice thereof, amend, supplement, grant
  exceptions thereto, or alter the building setback lines so
  established as may be determined necessary under the same standards
  as provided in "a" above.
         SECTION 6.  Sections 1, 2, 3, and 4, Chapter 394, Acts of the
  59th Legislature, Regular Session, 1965, are amended to read as
  follows:
         Sec. 1.  For the purpose of promoting the public health,
  safety and general welfare, and accomplishing the purposes of
  Section 59 of Article XVI of the Constitution of the State of Texas,
  as amended, the governing body of the Gulf Coast Resiliency [Harris
  County Flood Control] District is hereby authorized to designate
  areas within the boundaries of the [Harris County Flood Control]
  District as flood hazard areas.
         Sec. 2.  Whenever the governing body of the [Harris County
  Flood Control] District deems that the public health, safety and
  general welfare, and the purposes of Section 59 of Article XVI of
  the Constitution of the State of Texas, as amended, will be promoted
  thereby, it shall, by resolution, designate flood hazard areas.
  Such resolution or resolutions shall contain a description of the
  area included within such flood hazard areas by either field notes
  or by map or by both. The governing body of the [Harris County Flood
  Control] District is further authorized to change and amend by
  resolution the designation of such flood hazard areas thereafter as
  in its discretion it may determine necessary.
         Sec. 3.  Before passing any resolution designating flood
  hazard areas within the boundaries of the [Harris County Flood
  Control] District, the governing body of the [Harris County Flood
  Control] District shall hold at least one public hearing related
  thereto after having given at least fifteen (15) days' notice of the
  time and place of such hearing by the publication thereof in the
  English language in a daily newspaper published within and having
  general circulation within the [Harris County Flood Control]
  District, such publication being at least fifteen (15) days prior
  to the date of the hearing. Any hearing so set by the governing body
  of the [Harris County Flood Control] District may be continued from
  time to time until within the discretion of said governing body all
  interested persons shall have had an opportunity to be heard. After
  the governing body of the [Harris County Flood Control] District
  has heard all interested persons and shall have found that the
  designation of such flood hazard areas is for the public health,
  safety and general welfare of the [Harris County Flood Control]
  District, and for the accomplishment of the purposes of Section 59
  of Article XVI of the Constitution of the State of Texas, as
  amended, said governing body shall pass its resolution designating
  such flood hazard areas. Thereafter the governing body of the
  [Harris County Flood Control] District may, upon public hearing
  with like notice thereof, change and amend the designated flood
  hazard areas so established as in its discretion it may determine
  necessary.
         Sec. 4.  Upon written request by any person, the [Harris
  County Flood Control] District will prepare and furnish to said
  person a report as to whether or not a particular lot or tract of
  land, or any part thereof, lies within a designated flood hazard
  area. The governing body of the [Harris County Flood Control]
  District may charge a reasonable fee for such reports. The amount of
  such fee, if any, shall be fixed by a resolution of the governing
  body of the [Harris County Flood Control] District. The governing
  body of the [Harris County Flood Control] District is further
  authorized to change, by resolution, the amount of such fee
  thereafter as in its discretion it may determine proper.
         SECTION 7.  Section 1, Chapter 409, Acts of the 73rd
  Legislature, Regular Session, 1993, is amended to read as follows:
         Sec. 1.  RECREATIONAL AND ENVIRONMENTAL IMPROVEMENTS. (a)
  The Gulf Coast Resiliency [Harris County Flood Control] District,
  in connection with flood control facilities and projects, may
  provide for or participate in the development, operation, or
  maintenance of:
               (1)  linear parks along drainage courses maintained and
  operated by the district;
               (2)  hike and bike trails;
               (3)  nonenclosed recreational facilities, including
  game fields and playgrounds; and
               (4)  other environmental improvements, including
  public or private nature reserves or wildlife habitat restoration
  and improvement projects.
         (b)  In order to carry out the purposes of Subsection (a) of
  this section, the district may execute contracts or enter into
  cooperative agreements with:
               (1)  the federal government, a federal agency, or a
  federally sponsored organization;
               (2)  the state, a state agency, a political subdivision
  of the state, or any unit of local government;
               (3)  a nonprofit corporation or foundation;
               (4)  a private individual or corporation; or
               (5)  a public service organization or neighborhood
  association.
         (c)  The district may use property, rights-of-way,
  easements, or other land owned or managed by or otherwise available
  to the district for the purposes of Subsection (a) of this section.
         (d)  The use by the district of any property owned or managed
  by or otherwise available to the district for the purposes of
  Subsection (a) of this section is determined to be consistent with
  the use of that property for flood control purposes if the
  improvements do not significantly impede the flow of floodwaters or
  reduce the carrying capacity of the drainage facilities of the
  district.
         (e)  The district shall exercise its powers and use its
  property under this section:
               (1)  in an environmentally sensitive and aesthetically
  pleasing manner that promotes public health, safety, and welfare;
               (2)  in compliance with all state and federal
  requirements, including requirements imposed by law, by rule or
  regulation, by grant conditions, or by program standards; and
               (3)  in a manner that qualifies for any reasonably
  available source of funding for the improvements to be made.
         (f)  The district may spend its own funds for the purposes of
  this section. The capital cost to the district of parks, trails,
  facilities, and improvements under this section may not exceed five
  percent of the total cost of the flood control facilities and
  projects with which the improvements are associated. This section
  does not limit the expenditure of funds from sources other than
  taxes collected by the district.
         (g)  The exercise of powers, expenditure of funds, and use of
  property by the district under this section are subject to the
  control and discretion of the governing body of the district
  [commissioners court].
         SECTION 8.  Section 1, Chapter 410, Acts of the 73rd
  Legislature, Regular Session, 1993, is amended to read as follows:
         Sec. 1.  (a) The Gulf Coast Resiliency [Harris County Flood
  Control] District may engage in wetlands mitigation projects and
  programs as provided by Article 6, Chapter 3, Acts of the 72nd
  Legislature, 1st Called Session, 1991 (Article 5421u, Vernon's
  Texas Civil Statutes), and its subsequent amendments.
         (b)  The [Harris County Flood Control] District may provide
  for or participate in the development, operation, or maintenance of
  local, state, or federal storm water quality control and
  improvement programs.
         SECTION 9.  The following provisions are repealed:
               (1)  Section 3A, Chapter 360, Acts of the 45th
  Legislature, Regular Session, 1937; and
               (2)  Chapter 196, Acts of the 51st Legislature, Regular
  Session, 1949.
         SECTION 10.  (a) As soon as practicable after the effective
  date of this Act, the governor shall appoint members to the
  governing body the Gulf Coast Resiliency District as required under
  Section 1C, Chapter 360, Acts of the 45th Legislature, Regular
  Session, 1937, as added by this Act.
         (b)  At the first meeting of the governing body of the Gulf
  Coast Resiliency District that follows the effective date of this
  Act, the five directors appointed by the governor shall draw lots to
  determine which two directors will serve terms that expire on
  January 1, 2025, and which three directors will serve terms that
  expire on January 1, 2027.
         (c)  A member of the governing body of the Gulf Coast
  Resiliency District serving on the effective date of this Act shall
  continue in office until the member's successor is appointed and
  qualifies for office.
         SECTION 11.  The Gulf Coast Resiliency District retains all
  rights, powers, privileges, authority, duties, and functions that
  it had before the effective date of this Act.
         SECTION 12.  (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 13.  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.