1-1 By: Zbranek, et al. (Senate Sponsor - Nixon) H.B. No. 3225
1-2 (In the Senate - Received from the House May 10, 1995;
1-3 May 11, 1995, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 17, 1995, reported favorably by
1-5 the following vote: Yeas 8, Nays 0; May 17, 1995, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the creation, administration, powers, duties,
1-10 operation, and financing of the Pine Island Bayou Stormwater
1-11 Control District.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Creation. (a) A conservation and reclamation
1-14 district, to be known as the Pine Island Bayou Stormwater Control
1-15 District, is created in Hardin, Jefferson, Liberty, and Polk
1-16 counties, subject to approval at a confirmation election under
1-17 Section 9 of this Act. The district is a governmental agency and a
1-18 body politic and corporate.
1-19 (b) The district is created under and is essential to
1-20 accomplish the purposes of Section 59, Article XVI, Texas
1-21 Constitution.
1-22 SECTION 2. Definition. In this Act, "district" means the
1-23 Pine Island Bayou Stormwater Control District.
1-24 SECTION 3. BOUNDARIES. (a) The district includes the area
1-25 contained within the watershed of the Pine Island Bayou as that
1-26 area is determined by the temporary board of directors. These
1-27 boundaries will be filed with the Texas Natural Resource
1-28 Conservation Commission prior to the benefit hearing and
1-29 confirmation election.
1-30 (b) The boundaries of the district may be adjusted after a
1-31 benefits hearing as provided by Section 8 of this Act and before a
1-32 confirmation election is held as provided by Section 9 of this Act.
1-33 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-34 property included within the boundaries of the district will be
1-35 benefited by the works and projects that are to be accomplished by
1-36 the district under powers conferred by Section 59, Article XVI,
1-37 Texas Constitution. The district is created to serve a public use
1-38 and benefit.
1-39 SECTION 5. POWERS. (a) The district has all of the rights,
1-40 powers, privileges, authority, functions, and duties provided by
1-41 the general law of this state, including Chapters 50 and 66, Water
1-42 Code, applicable to stormwater control districts created under
1-43 Section 59, Article XVI, Texas Constitution. In addition, the
1-44 district has the rights, powers, privileges, authority, functions,
1-45 and duties provided by Chapter 56, Water Code. This Act prevails
1-46 over any provision of general law that is in conflict or
1-47 inconsistent with this Act. If there is a conflict between Chapter
1-48 56 and Chapter 66, Water Code, Chapter 66 prevails.
1-49 (b) The rights, powers, privileges, authority, functions,
1-50 and duties of the district are subject to the continuing right of
1-51 supervision of the state to be exercised by and through the Texas
1-52 Natural Resource Conservation Commission.
1-53 SECTION 6. BOARD OF DIRECTORS. (a) The district is
1-54 governed by a board of five directors.
1-55 (b) Temporary directors serve until initial directors are
1-56 elected under Section 9.
1-57 (c) Initial directors serve until permanent directors are
1-58 elected under Section 10.
1-59 (d) Permanent directors serve staggered four-year terms.
1-60 (e) Each director must qualify to serve as director in the
1-61 manner provided by Section 66.022 or 66.102, Water Code, as
1-62 appropriate.
1-63 (f) A director serves until the director's successor has
1-64 qualified.
1-65 SECTION 7. APPOINTMENT OF TEMPORARY DIRECTORS. (a) The
1-66 temporary directors of the district shall be: Judge Richard
1-67 LeBlanc, Jefferson County; Mr. Ray Allison, Jefferson County;
1-68 Ms. Jeanie Turk, Hardin County; Judge Tom Mayfield, Hardin County;
2-1 Mr. W. G. Shivers, Liberty County.
2-2 (b) A person appointed to be a temporary director shall take
2-3 the oath of office not later than the 15th day after the effective
2-4 date of this Act.
2-5 (c) If an appointee fails to qualify or if a vacancy occurs
2-6 in the office of temporary director, the Texas Natural Resource
2-7 Conservation Commission shall appoint an individual to fill the
2-8 vacancy.
2-9 (d) As soon as all the temporary directors have qualified,
2-10 the directors shall meet and elect a chairman and vice chairman
2-11 from among their membership and other officers, as necessary.
2-12 (e) As soon as practicable after the temporary directors
2-13 have qualified and officers elected as provided herein, the
2-14 temporary directors shall determine the proposed district
2-15 boundaries as anticipated by Section 3(a). The proposed district
2-16 boundaries shall be filed with the Texas Natural Resource
2-17 Conservation Commission.
2-18 SECTION 8. BENEFIT HEARING; APPEAL. (a) As soon as
2-19 practicable after all temporary directors have qualified and
2-20 officers have been elected as provided by Section 7 and the
2-21 proposed boundaries filed with the Texas Natural Resource
2-22 Conservation Commission as contemplated by Section 7(e), the
2-23 temporary board of directors shall set a date for a hearing to
2-24 determine whether the land to be included in the district will be
2-25 benefited by the creation of the district.
2-26 (b) After a date is set for the hearing, the temporary board
2-27 of directors shall give notice of the hearing and shall hold the
2-28 hearing and issue an order stating its final decision in the manner
2-29 provided by Chapter 2001, Government Code. In addition to other
2-30 notice required by law, the temporary board of directors shall
2-31 publish notice in a newspaper with general circulation in the area
2-32 of the district once a week for two consecutive weeks, the first
2-33 publication to be made at least 30 days before the date set for the
2-34 hearing.
2-35 (c) After the hearing, if the temporary board of directors
2-36 finds that the creation of the district will be a benefit to land
2-37 included in the district, the temporary board of directors shall
2-38 make that finding and by order shall confirm the boundaries of the
2-39 district as described in Section 3.
2-40 (d) In making its decision, if the temporary board of
2-41 directors finds that a part of the land to be included in the
2-42 district will not be benefited by creation of the district, the
2-43 temporary board of directors shall make this finding and by order
2-44 exclude the nonbenefited land from the proposed district and redraw
2-45 the boundaries of the district to conform to this change.
2-46 (e) The temporary board of directors shall mail to the Texas
2-47 Natural Resource Conservation Commission the order confirming or
2-48 redrawing the boundaries of the district.
2-49 (f) The order of the temporary board of directors confirming
2-50 or redrawing the boundaries of the district may be appealed as
2-51 provided by Chapter 2001, Government Code.
2-52 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
2-53 (a) After a hearing has been held and the temporary board of
2-54 directors has confirmed or redrawn the boundaries of the district
2-55 as provided by Section 8, the temporary board of directors shall
2-56 call and hold an election to confirm establishment of the district
2-57 and to elect five initial directors as provided by Chapter 66,
2-58 Water Code.
2-59 (b) Section 41.001(a), Election Code, does not apply to a
2-60 confirmation election held as provided by this section.
2-61 SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in
2-62 May of the second year after the year in which the confirmation
2-63 election is held, an election shall be held in the district for the
2-64 election of two directors who shall each serve two-year terms and
2-65 three directors who shall each serve four-year terms. Thereafter,
2-66 on the same date in each subsequent second year, the appropriate
2-67 number of directors shall be elected to the board.
2-68 SECTION 11. ADDITIONAL POWERS. (a) The district may
2-69 acquire land, materials, waste grounds, easements, rights-of-way,
2-70 and everything considered necessary for the purpose of
3-1 accomplishing any one or more of the authorized functions of the
3-2 district.
3-3 (b) The district shall have the right to acquire property by
3-4 gift, grant, or purchase and the right to acquire property shall
3-5 include property considered necessary for the construction,
3-6 improvement, extension, enlargement, operation, or maintenance of
3-7 the plants, works, improvements, facilities, equipment, or
3-8 appliances of the district.
3-9 (c) The district may acquire either the fee simple title to
3-10 or an easement on all land, both public and private, either inside
3-11 or outside the boundaries and may acquire the title to or an
3-12 easement on property other than land held in fee.
3-13 (d) The district may also lease property on terms and
3-14 conditions the board of directors determines to be advantageous to
3-15 the district.
3-16 (e) The district may acquire any land, easements, or other
3-17 property inside the district or within five miles of the district
3-18 solely for sewer, water, storm drainage, and flood drainage
3-19 connections when necessary by condemnation, and may elect to
3-20 condemn either the fee simple title or an easement only.
3-21 (f) The right of eminent domain shall be exercised in the
3-22 manner provided by Chapter 21, Property Code, except that the
3-23 district is not required to give bond for appeal or bond for costs
3-24 in any condemnation suit or other suit to which it is a party and
3-25 is not required to deposit double the amount of any award in any
3-26 suit. The proceedings shall be instituted under the direction of
3-27 the board of directors and in the name of the district.
3-28 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-29 (a) The proper and legal notice of the intention to introduce this
3-30 Act, setting forth the general substance of this Act, has been
3-31 published as provided by law, and the notice and a copy of this Act
3-32 have been furnished to all persons, agencies, officials, or
3-33 entities to which they are required to be furnished by the
3-34 constitution and other laws of this state, including the governor,
3-35 who has submitted the notice and Act to the Texas Natural Resource
3-36 Conservation Commission.
3-37 (b) The Texas Natural Resource Conservation Commission has
3-38 filed its recommendations relating to this Act with the governor,
3-39 lieutenant governor, and speaker of the house of representatives
3-40 within the required time.
3-41 (c) All requirements of the constitution and laws of this
3-42 state and the rules and procedures of the legislature with respect
3-43 to the notice, introduction, and passage of this Act are fulfilled
3-44 and accomplished.
3-45 SECTION 13. Emergency. The importance of this legislation
3-46 and the crowded condition of the calendars in both houses create an
3-47 emergency and an imperative public necessity that the
3-48 constitutional rule requiring bills to be read on three several
3-49 days in each house be suspended, and this rule is hereby suspended,
3-50 and that this Act take effect and be in force from and after its
3-51 passage, and it is so enacted.
3-52 * * * * *