By Zbranek, et al.                                    H.B. No. 3225
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation, administration, powers, duties,
    1-3  operation, and financing of the Pine Island Bayou Stormwater
    1-4  Control District.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Creation.  (a)  A conservation and reclamation
    1-7  district, to be known as the Pine Island Bayou Stormwater Control
    1-8  District, is created in Hardin, Jefferson, Liberty, and Polk
    1-9  counties, subject to approval at a confirmation election under
   1-10  Section 9 of this Act.  The district is a governmental agency and a
   1-11  body politic and corporate.
   1-12        (b)  The district is created under and is essential to
   1-13  accomplish the purposes of Section 59, Article XVI, Texas
   1-14  Constitution.
   1-15        SECTION 2.  Definition.  In this Act, "district" means the
   1-16  Pine Island Bayou Stormwater Control District.
   1-17        SECTION 3.  BOUNDARIES.  (a)  The district includes the area
   1-18  contained within the watershed of the Pine Island Bayou as that
   1-19  area is determined by the temporary board of directors.  These
   1-20  boundaries will be filed with the Texas Natural Resource
   1-21  Conservation Commission prior to the benefit hearing and
   1-22  confirmation election.
   1-23        (b)  The boundaries of the district may be adjusted after a
   1-24  benefits hearing as provided by Section 8 of this Act and before a
    2-1  confirmation election is held as provided by Section 9 of this Act.
    2-2        SECTION 4.  FINDING OF BENEFIT.  All of the land and other
    2-3  property included within the boundaries of the district will be
    2-4  benefited by the works and projects that are to be accomplished by
    2-5  the district under powers conferred by Section 59, Article XVI,
    2-6  Texas Constitution.  The district is created to serve a public use
    2-7  and benefit.
    2-8        SECTION 5.  POWERS.  (a)  The district has all of the rights,
    2-9  powers, privileges, authority, functions, and duties provided by
   2-10  the general law of this state, including Chapters 50 and 66, Water
   2-11  Code, applicable to stormwater control districts created under
   2-12  Section 59, Article XVI, Texas Constitution.  In addition, the
   2-13  district has the rights, powers, privileges, authority, functions,
   2-14  and duties provided by Chapter 56, Water Code.  This Act prevails
   2-15  over any provision of general law that is in conflict or
   2-16  inconsistent with this Act.  If there is a conflict between Chapter
   2-17  56 and Chapter 66, Water Code, Chapter 66 prevails.
   2-18        (b)  The rights, powers, privileges, authority, functions,
   2-19  and duties of the district are subject to the continuing right of
   2-20  supervision of the state to be exercised by and through the Texas
   2-21  Natural Resource Conservation Commission.
   2-22        SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is
   2-23  governed by a board of five directors.
   2-24        (b)  Temporary directors serve until initial directors are
   2-25  elected under Section 9.
   2-26        (c)  Initial directors serve until permanent directors are
   2-27  elected under Section 10.
    3-1        (d)  Permanent directors serve staggered four-year terms.
    3-2        (e)  Each director must qualify to serve as director in the
    3-3  manner provided by Section 66.022 or 66.102, Water Code, as
    3-4  appropriate.
    3-5        (f)  A director serves until the director's successor has
    3-6  qualified.
    3-7        SECTION 7.  APPOINTMENT OF TEMPORARY DIRECTORS.  (a)  The
    3-8  temporary directors of the district shall be: Judge Richard
    3-9  LeBlanc, Jefferson County; Mr. Ray Allison, Jefferson County;
   3-10  Ms. Jeanie Turk, Hardin County; Judge Tom Mayfield, Hardin County;
   3-11  Mr. W. G. Shivers, Liberty County.
   3-12        (b)  A person appointed to be a temporary director shall take
   3-13  the oath of office not later than the 15th day after the effective
   3-14  date of this Act.
   3-15        (c)  If an appointee fails to qualify or if a vacancy occurs
   3-16  in the office of temporary director, the Texas Natural Resource
   3-17  Conservation Commission shall appoint an individual to fill the
   3-18  vacancy.
   3-19        (d)  As soon as all the temporary directors have qualified,
   3-20  the directors shall meet and elect a chairman and vice chairman
   3-21  from among their membership and other officers, as necessary.
   3-22        (e)  As soon as practicable after the temporary directors
   3-23  have qualified and officers elected as provided herein, the
   3-24  temporary directors shall determine the proposed district
   3-25  boundaries as anticipated by Section 3(a).  The proposed district
   3-26  boundaries shall be filed with the Texas Natural Resource
   3-27  Conservation Commission.
    4-1        SECTION 8.  BENEFIT HEARING; APPEAL.  (a)  As soon as
    4-2  practicable after all temporary directors have qualified and
    4-3  officers have been elected as provided by Section 7 and the
    4-4  proposed boundaries filed with the Texas Natural Resource
    4-5  Conservation Commission as contemplated by Section 7(e), the
    4-6  temporary board of directors shall set a date for a hearing to
    4-7  determine whether the land to be included in the district will be
    4-8  benefited by the creation of the district.
    4-9        (b)  After a date is set for the hearing, the temporary board
   4-10  of directors shall give notice of the hearing and shall hold the
   4-11  hearing and issue an order stating its final decision in the manner
   4-12  provided by Chapter 2001, Government Code.  In addition to other
   4-13  notice required by law, the temporary board of directors shall
   4-14  publish notice in a newspaper with general circulation in the area
   4-15  of the district once a week for two consecutive weeks, the first
   4-16  publication to be made at least 30 days before the date set for the
   4-17  hearing.
   4-18        (c)  After the hearing, if the temporary board of directors
   4-19  finds that the creation of the district will be a benefit to land
   4-20  included in the district, the temporary board of directors shall
   4-21  make that finding and by order shall confirm the boundaries of the
   4-22  district as described in Section 3.
   4-23        (d)  In making its decision, if the temporary board of
   4-24  directors finds that a part of the land to be included in the
   4-25  district will not be benefited by creation of the district, the
   4-26  temporary board of directors shall make this finding and by order
   4-27  exclude the nonbenefited land from the proposed district and redraw
    5-1  the boundaries of the district to conform to this change.
    5-2        (e)  The temporary board of directors shall mail to the Texas
    5-3  Natural Resource Conservation Commission the order confirming or
    5-4  redrawing the boundaries of the district.
    5-5        (f)  The order of the temporary board of directors confirming
    5-6  or redrawing the boundaries of the district may be appealed as
    5-7  provided by Chapter 2001, Government Code.
    5-8        SECTION 9.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
    5-9  (a)  After a hearing has been held and the temporary board of
   5-10  directors has confirmed or redrawn the boundaries of the district
   5-11  as provided by Section 8, the temporary board of directors shall
   5-12  call and hold an election to confirm establishment of the district
   5-13  and to elect five initial directors as provided by Chapter 66,
   5-14  Water Code.
   5-15        (b)  Section 41.001(a), Election Code, does not apply to a
   5-16  confirmation election held as provided by this section.
   5-17        SECTION 10.  ELECTION OF DIRECTORS.  On the first Saturday in
   5-18  May of the second year after the year in which the confirmation
   5-19  election is held, an election shall be held in the district for the
   5-20  election of two directors who shall each serve two-year terms and
   5-21  three directors who shall each serve four-year terms.  Thereafter,
   5-22  on the same date in each subsequent second year, the appropriate
   5-23  number of directors shall be elected to the board.
   5-24        SECTION 11.  ADDITIONAL POWERS.  (a)  The district may
   5-25  acquire land, materials, waste grounds, easements, rights-of-way,
   5-26  and everything considered necessary for the purpose of
   5-27  accomplishing any one or more of the authorized functions of the
    6-1  district.
    6-2        (b)  The district shall have the right to acquire property by
    6-3  gift, grant, or purchase and the right to acquire property shall
    6-4  include property considered necessary for the construction,
    6-5  improvement, extension, enlargement, operation, or maintenance of
    6-6  the plants, works, improvements, facilities, equipment, or
    6-7  appliances of the district.
    6-8        (c)  The district may acquire either the fee simple title to
    6-9  or an easement on all land, both public and private, either inside
   6-10  or outside the boundaries and may acquire the title to or an
   6-11  easement on property other than land held in fee.
   6-12        (d)  The district may also lease property on terms and
   6-13  conditions the board of directors determines to be advantageous to
   6-14  the district.
   6-15        (e)  The district may acquire any land, easements, or other
   6-16  property inside the district or within five miles of the district
   6-17  solely for sewer, water, storm drainage, and flood drainage
   6-18  connections when necessary by condemnation, and may elect to
   6-19  condemn either the fee simple title or an easement only.
   6-20        (f)  The right of eminent domain shall be exercised in the
   6-21  manner provided by Chapter 21, Property Code, except that the
   6-22  district is not required to give bond for appeal or bond for costs
   6-23  in any condemnation suit or other suit to which it is a party and
   6-24  is not required to deposit double the amount of any award in any
   6-25  suit.  The proceedings shall be instituted under the direction of
   6-26  the board of directors and in the name of the district.
   6-27        SECTION 12.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
    7-1  (a)  The proper and legal notice of the intention to introduce this
    7-2  Act, setting forth the general substance of this Act, has been
    7-3  published as provided by law, and the notice and a copy of this Act
    7-4  have been furnished to all persons, agencies, officials, or
    7-5  entities to which they are required to be furnished by the
    7-6  constitution and other laws of this state, including the governor,
    7-7  who has submitted the notice and Act to the Texas Natural Resource
    7-8  Conservation Commission.
    7-9        (b)  The Texas Natural Resource Conservation Commission has
   7-10  filed its recommendations relating to this Act with the governor,
   7-11  lieutenant governor, and speaker of the house of representatives
   7-12  within the required time.
   7-13        (c)  All requirements of the constitution and laws of this
   7-14  state and the rules and procedures of the legislature with respect
   7-15  to the notice, introduction, and passage of this Act are fulfilled
   7-16  and accomplished.
   7-17        SECTION 13.  Emergency.  The importance of this legislation
   7-18  and the crowded condition of the calendars in both houses create an
   7-19  emergency and an imperative public necessity that the
   7-20  constitutional rule requiring bills to be read on three several
   7-21  days in each house be suspended, and this rule is hereby suspended,
   7-22  and that this Act take effect and be in force from and after its
   7-23  passage, and it is so enacted.