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.