BILL ANALYSIS H.B. 3225 By: Zbranek (Nixon) Intergovernmental Relations 05-17-95 Senate Committee Report (Unamended) BACKGROUND The drainage area of Pine Island Bayou lacks 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. PURPOSE As proposed, H.B. 3225 sets forth provisions relating to the creation, administration, powers, duties, operation, and financing of the Pine Island Bayou Stormwater Control District. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. CREATION. (a) Creates a conservation and reclamation district known as the Pine Island Bayou Stormwater Control District (district) in Harding, Jefferson, Liberty, and Polk counties, subject to approval at a confirmation election under Section 9 of this Act. Provides that the district is a governmental agency and a body politic and corporate. (b) Provides that the district is created under and is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. SECTION 2. DEFINITION. Defines "district." SECTION 3. BOUNDARIES. (a) Provides that the district includes the area contained within the watershed of Pine Island Bayou as that area is determined by the temporary board of directors. Provides that the boundaries will be filed with the Texas Natural Resource Conservation Commission (TNRCC) prior to the benefit hearing and confirmation election. (b) Authorizes the boundaries of the district to be adjusted after a benefits hearing as provided by Section 8 of this Act and before a confirmation election is held as provided by Section 9 of this Act. SECTION 4. FINDING OF BENEFIT. Provides that all of the land and other property included within the boundaries of the district will be benefited by the works and projects that are to be accomplished by the district under powers conferred by Section 59, Article XVI, Texas Constitution. Provides that the district is created to serve a public use and benefit. SECTION 5. POWERS. (a) Provides that the district has all of the rights, powers, privileges, authority, functions, and duties provided by general law of this state, including Chapters 50 and 66, Water Code, applicable to stormwater control districts created under Section 59, Article XVI, Texas Constitution. Provides that the district has all the rights, powers, privileges, authority, functions, and duties provided by Chapter 56, Water Code. Provides that this Act prevails over any provision of general law that is in conflict or inconsistent with this Act. (b) Provides that the rights, powers, privileges, authority, functions, and duties of the district are subject to the continuing supervision of the state to be exercised by and through the TNRCC. SECTION 6. BOARD OF DIRECTORS. (a) Provides that the district is governed by a board of five directors. (b) Provides that the temporary directors serve until initial directors are elected under Section 9. (c) Provides that initial directors serve until permanent directors are elected under Section 10. (d) Provides that permanent directors serve staggered four-year terms. (e) Requires each director to serve as director in the manner provided by Section 66.022 or 66.102, Water Code, as appropriate. (f) Provides that a director serves until the director's successor has qualified. SECTION 7. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Sets forth the five temporary directors. (b) Requires a person appointed to be temporary director take the oath of office not later than the 15th day after the effective date of this Act. (c) Requires TNRCC to appoint an individual to fill the vacancy, if an appointee fails to qualify or if a vacancy occurs in the office of temporary director. (d) Requires the directors to meet and elect a chairman and vice chairman from among their membership and other officers, as necessary, as soon as all temporary directors have qualified. (e) Requires the temporary directors to determine the proposed district boundaries as anticipated by Section 3(a), as soon as practicable after the temporary directors have qualified and officers elected as provided herein. Requires the proposed district boundaries to be filed with TNRCC. SECTION 8. BENEFIT HEARING; APPEAL. (a) Requires the temporary board of directors to set a date for a hearing to determine whether the land to be included in the district will be benefited by the creation of the district, as soon as practicable after all temporary directors have qualified and officers have been elected as provided by Section 7 and the proposed boundaries filed with TNRCC as contemplated by Section 7(e). (b) Requires the temporary board to give notice of a hearing, to hold a hearing and issue an order stating its final decision in the manner provided by Chapter 2001, Government Code. Sets forth the duration of time a temporary board is required to publish notice in a newspaper with general circulation in the area of the district. (c) Requires the temporary board to make a finding and by order to confirm the boundaries of the district as described in Section 3, after the hearing, if the temporary board finds that the creation of the district will be a benefit to land included in the district. (d) Requires the temporary board to make a finding and by order to exclude the nonbenefited land from the proposed district and redraw the boundaries of the district to conform to this change if part of the land to be included in the district will not be benefited by creation of the district. (e) Requires the temporary board to mail to TNRCC the order confirming or redrawing the boundaries of the district. (f) Authorizes the order of the temporary board confirming or redrawing the boundaries of the district to be appealed as provided by Chapter 2001, Government Code. SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) Requires the temporary board to call and hold an election to confirm establishment of the district and to elect five initial directors as provided by Chapter 66, Water Code, after a hearing and the temporary board has confirmed or redrawn the boundaries of the district. (b) Provides that Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section. SECTION 10. ELECTION OF DIRECTORS. Sets forth the dates for the election of directors. SECTION 11. ADDITIONAL POWERS. (a) Authorizes the district to acquire land, material, waste grounds, easements, rights-of-way, and everything considered necessary for the purpose of accomplishing any one or more of the authorized functions of the district. (b) Provides that the district shall have the right to acquire certain property by gift, grant, or purchase, and the right to acquire property shall include property considered necessary for the construction, improvement, extension, enlargement, operation, or maintenance of improvement, extension, enlargement, operation, or maintenance of the plants, works, improvements, facilities, equipment, or appliances of the district. (c) Authorizes the district to acquire either the fee simple title to or an easement on all land, both public and private, either inside or outside the boundaries and to acquire the title to or an easement on property other than land held in fee. (d) Authorizes the district to also lease property on terms and conditions the board determines to be advantageous to the district. (e) Authorizes the district to acquire land, easements, or other property inside the district or within five miles of the district solely for sewer, water, storm drainage, and flood drainage connections when necessary by condemnation, and to elect to condemn either the fee simple title or an easement only. (f) Requires the right of eminent domain to be exercised in the manner provided by Chapter 21, Property Code, with an exception. Requires the proceedings to be instituted under the direction of the board and in the name of the district. SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a) Provides that certain persons and entities have been furnished with proper and legal notice as required by the constitution and other laws of this state. (b) Provides that TNRCC has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time. (c) Provides that 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. Emergency clause. Effective date: upon passage.