BILL ANALYSIS H.B. 3225 By: Zbranek 05-02-95 Committee Report (Unamended) BACKGROUND The drainage area of Pine Island Bayou is lacking the ability to implement flood control measures. A flood control district is needed to serve the affected areas. The small cities and rural communities are in four separate counties and are currently without a comprehensive flood management program. By creating a stormwater control district, the communities effected by Pine Island Bayou will be able to work together to prevent future floods and protect lives and property. PURPOSE To create the Pine Island Bayou Stormwater Control District. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Creates the water conservation and reclamation district to be called Pine Island Bayou Stormwater Control District; creates the district under Section 59, Article XVI, Texas Constitution. SECTION 2. Defines district. SECTION 3. Defines boundaries; and provides the criteria for adjustment of the boundaries. SECTION 4. Findings of benefit. SECTION 5. Grants power to district under Chapters 50, 56 and 66, Water Code, and Section 59, Article XVI, Texas Constitution; and provides that the powers will be supervised by Texas Natural Resources Conservation Commission (TNRCC). SECTION 6. Provides for a board of five directors and the terms of service and qualifications for temporary, initial, and permanent directors. SECTION 7. Provides for the appointment of temporary directors of the TNRCC by 30th day after effective date of act who must take oath by 15th day after appointment; provides for the TNRCC to fill any vacancies of temporary directors; provides for temporary directors to meet and elect officers. SECTION 8. Provides that: (a) temporary directors shall set hearing for creation of the district. (b) the temporary board will give notice of hearing and publish final decision on creation of the district. (c) if the district is deemed a benefit to the land, it shall confirm the boundaries of the district. (d) land found not to benefit from the district shall be redistricted out. (e) the temporary board of directors shall notify the TNRCC about the creation of the district. (f) orders of the temporary board may be appealed. SECTION 9. Provides that the temporary directors shall call an election to confirm establishment of the formation of the district and five initial board members; and provides that Section 41.001(a) ,Election Code, does not apply to confirmation election. SECTION 10. Sets initial election times and dates. SECTION 11. (a)-(e) Grants the district additional powers to acquire land and access fees. (f) Grants the right of eminent domain to district under Chapter 21, Property Code, except the district is not required to give bonds or required to double deposit the amount of any award in any suit. Proceedings shall be instituted under direction of the board and in the name of the district. SECTION 12. Findings related to procedural requirements. (a) Notice of intention to introduce has been forwarded. (b) TNRCC has filed with the governor, lieutenant governor, and speaker of the house of representatives. (c) Requirements of the constitution have been accomplished. SECTION 13. Emergency clause. SUMMARY OF COMMITTEE ACTION H.B.3225 was considered by the committee in a formal meeting on May 2, 1995. No testimony was received. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 9 ayes, 0 nays, 0 pnv, 0 absent.