S.B. No. 321
 
 
 
 
AN ACT
  relating to the powers and duties of the Montgomery County Water
  Control and Improvement District No. 2.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 9041, Special District
  Local Laws Code, is amended by adding Section 9041.105 to read as
  follows:
         Sec. 9041.105.  POWERS AND DUTIES RELATED TO FILL PROJECTS.  
  (a)  The district has the powers and duties provided by the general
  law of this state, including Chapters 49 and 57, Water Code,
  applicable to levee improvement districts created under Section 59,
  Article XVI, Texas Constitution.
         (b)  The district may:
               (1)  reclaim land in the district; and
               (2)  construct works, facilities, and improvements
  necessary to accomplish that purpose.
         (c)  The district may finance and contract for the
  construction of a fill project or for the acquisition of land for a
  fill project in the district, including drainage and reclamation.
         (d)  For the district's exercise of a power of or performance
  of a duty of a levee improvement district as provided by Subsection
  (c), the Texas Commission on Environmental Quality shall consider
  the district to be a levee improvement district.
         (e)  For any fill or levee project located in the district
  and in the watershed of the San Jacinto River Basin, the district
  shall obtain approval for the plan from any state or federal agency
  with jurisdiction to permit a project of the same type and from any
  municipality with a right to divert state water from a point located
  between the district and Lake Houston.
         SECTION 2.  (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 3.  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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 321 passed the Senate on
  April 11, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 25, 2013, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 321 passed the House, with
  amendment, on May 22, 2013, by the following vote: Yeas 148,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor