SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE A. DRAINAGE DISTRICTS

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1130 (H.B. 5334), Sec. 1, eff. June 18, 2023.

Sec. 6608.0102.  NATURE OF DISTRICT.  The district is a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2023, 88th Leg., R.S., Ch. 1130 (H.B. 5334), Sec. 1, eff. June 18, 2023.

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1130 (H.B. 5334), Sec. 1, eff. June 18, 2023.

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1130 (H.B. 5334), Sec. 1, eff. June 18, 2023.

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1130 (H.B. 5334), Sec. 1, eff. June 18, 2023.

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1130 (H.B. 5334), Sec. 1, eff. June 18, 2023.

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1130 (H.B. 5334), Sec. 1, eff. June 18, 2023.

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1130 (H.B. 5334), Sec. 1, eff. June 18, 2023.

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1130 (H.B. 5334), Sec. 1, eff. June 18, 2023.

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1130 (H.B. 5334), Sec. 1, eff. June 18, 2023.

Sec. 6608.0303.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.
Added by Acts 2023, 88th Leg., R.S., Ch. 1130 (H.B. 5334), Sec. 1, eff. June 18, 2023.

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 1130 (H.B. 5334), Sec. 1, eff. June 18, 2023.