By Nixon, Galloway S.B. No. 1678 74R7176 MI-D 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 Pine Island Bayou as that area is 1-19 determined by the Texas Natural Resource Conservation Commission. 1-20 (b) The boundaries of the district may be adjusted after a 1-21 benefits hearing as provided by Section 8 of this Act and before a 1-22 confirmation election is held as provided by Section 9 of this Act. 1-23 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-24 property included within the boundaries of the district will be 2-1 benefited by the works and projects that are to be accomplished by 2-2 the district under powers conferred by Section 59, Article XVI, 2-3 Texas Constitution. The district is created to serve a public use 2-4 and benefit. 2-5 SECTION 5. POWERS. (a) The district has all of the rights, 2-6 powers, privileges, authority, functions, and duties provided by 2-7 the general law of this state, including Chapters 50 and 66, Water 2-8 Code, applicable to stormwater control districts created under 2-9 Section 59, Article XVI, Texas Constitution. In addition, the 2-10 district has the rights, powers, privileges, authority, functions, 2-11 and duties provided by Chapter 56, Water Code. This Act prevails 2-12 over any provision of general law that is in conflict or 2-13 inconsistent with this Act. If there is a conflict between Chapter 2-14 56 and Chapter 66, Water Code, Chapter 66 prevails. 2-15 (b) The rights, powers, privileges, authority, functions, 2-16 and duties of the district are subject to the continuing right of 2-17 supervision of the state to be exercised by and through the Texas 2-18 Natural Resource Conservation Commission. 2-19 SECTION 6. BOARD OF DIRECTORS. (a) The district is 2-20 governed by a board of five directors. 2-21 (b) Temporary directors serve until initial directors are 2-22 elected under Section 9. 2-23 (c) Initial directors serve until permanent directors are 2-24 elected under Section 10. 2-25 (d) Permanent directors serve staggered four-year terms. 2-26 (e) Each director must qualify to serve as director in the 2-27 manner provided by Section 66.022 or 66.102, Water Code, as 3-1 appropriate. 3-2 (f) A director serves until the director's successor has 3-3 qualified. 3-4 SECTION 7. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not 3-5 later than the 30th day after the effective date of this Act, the 3-6 Texas Natural Resource Conservation Commission shall appoint five 3-7 temporary directors. 3-8 (b) A person appointed to be a temporary director shall take 3-9 the oath of office not later than the 15th day after the date on 3-10 which the person is appointed. 3-11 (c) If an appointee of the commission fails to qualify or if 3-12 a vacancy occurs in the office of temporary director, the 3-13 commission shall appoint an individual to fill the vacancy. 3-14 (d) As soon as all temporary directors have qualified, the 3-15 directors shall meet and elect a chairman and vice chairman from 3-16 among their membership and other officers, as necessary. 3-17 SECTION 8. BENEFIT HEARING; APPEAL. (a) As soon as 3-18 practicable after all temporary directors have qualified and 3-19 officers have been elected as provided by Section 7, the temporary 3-20 board of directors shall set a date for a hearing to determine 3-21 whether the land to be included in the district will be benefited 3-22 by the creation of the district. 3-23 (b) After a date is set for the hearing, the temporary board 3-24 of directors shall give notice of the hearing and shall hold the 3-25 hearing and issue an order stating its final decision in the manner 3-26 provided by Chapter 2001, Government Code. In addition to other 3-27 notice required by law, the temporary board of directors shall 4-1 publish notice in a newspaper with general circulation in the area 4-2 of the district once a week for two consecutive weeks, the first 4-3 publication to be made at least 30 days before the date set for the 4-4 hearing. 4-5 (c) After the hearing, if the temporary board of directors 4-6 finds that the creation of the district will be a benefit to land 4-7 included in the district, the temporary board of directors shall 4-8 make that finding and by order shall confirm the boundaries of the 4-9 district as described in Section 3. 4-10 (d) In making its decision, if the temporary board of 4-11 directors finds that a part of the land to be included in the 4-12 district will not be benefited by creation of the district, the 4-13 temporary board of directors shall make this finding and by order 4-14 exclude the nonbenefited land from the proposed district and redraw 4-15 the boundaries of the district to conform to this change. 4-16 (e) The temporary board of directors shall mail to the Texas 4-17 Natural Resource Conservation Commission the order confirming or 4-18 redrawing the boundaries of the district. 4-19 (f) The order of the temporary board of directors confirming 4-20 or redrawing the boundaries of the district may be appealed as 4-21 provided by Chapter 2001, Government Code. 4-22 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 4-23 (a) After a hearing has been held and the temporary board of 4-24 directors has confirmed or redrawn the boundaries of the district 4-25 as provided by Section 8, the temporary board of directors shall 4-26 call and hold an election to confirm establishment of the district 4-27 and to elect five initial directors as provided by Chapter 66, 5-1 Water Code. 5-2 (b) Section 41.001(a), Election Code, does not apply to a 5-3 confirmation election held as provided by this section. 5-4 SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in 5-5 May of the second year after the year in which the confirmation 5-6 election is held, an election shall be held in the district for the 5-7 election of two directors who shall each serve two-year terms and 5-8 three directors who shall each serve four-year terms. Thereafter, 5-9 on the same date in each subsequent second year, the appropriate 5-10 number of directors shall be elected to the board. 5-11 SECTION 11. ADDITIONAL POWERS. (a) The district may 5-12 acquire land, materials, waste grounds, easements, rights-of-way, 5-13 and everything considered necessary for the purpose of 5-14 accomplishing any one or more of the authorized functions of the 5-15 district. 5-16 (b) The district shall have the right to acquire property by 5-17 gift, grant, or purchase and the right to acquire property shall 5-18 include property considered necessary for the construction, 5-19 improvement, extension, enlargement, operation, or maintenance of 5-20 the plants, works, improvements, facilities, equipment, or 5-21 appliances of the district. 5-22 (c) The district may acquire either the fee simple title to 5-23 or an easement on all land, both public and private, either inside 5-24 or outside the boundaries and may acquire the title to or an 5-25 easement on property other than land held in fee. 5-26 (d) The district may also lease property on terms and 5-27 conditions the board of directors determines to be advantageous to 6-1 the district. 6-2 (e) The district may acquire any land, easements, or other 6-3 property inside the district or within five miles of the district 6-4 solely for sewer, water, storm drainage, and flood drainage 6-5 connections when necessary by condemnation, and may elect to 6-6 condemn either the fee simple title or an easement only. 6-7 (f) The right of eminent domain shall be exercised in the 6-8 manner provided by Chapter 21, Property Code, except that the 6-9 district is not required to give bond for appeal or bond for costs 6-10 in any condemnation suit or other suit to which it is a party and 6-11 is not required to deposit double the amount of any award in any 6-12 suit. The proceedings shall be instituted under the direction of 6-13 the board of directors and in the name of the district. 6-14 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 6-15 (a) The proper and legal notice of the intention to introduce this 6-16 Act, setting forth the general substance of this Act, has been 6-17 published as provided by law, and the notice and a copy of this Act 6-18 have been furnished to all persons, agencies, officials, or 6-19 entities to which they are required to be furnished by the 6-20 constitution and other laws of this state, including the governor, 6-21 who has submitted the notice and Act to the Texas Natural Resource 6-22 Conservation Commission. 6-23 (b) The Texas Natural Resource Conservation Commission has 6-24 filed its recommendations relating to this Act with the governor, 6-25 lieutenant governor, and speaker of the house of representatives 6-26 within the required time. 6-27 (c) All requirements of the constitution and laws of this 7-1 state and the rules and procedures of the legislature with respect 7-2 to the notice, introduction, and passage of this Act are fulfilled 7-3 and accomplished. 7-4 SECTION 13. Emergency. The importance of this legislation 7-5 and the crowded condition of the calendars in both houses create an 7-6 emergency and an imperative public necessity that the 7-7 constitutional rule requiring bills to be read on three several 7-8 days in each house be suspended, and this rule is hereby suspended, 7-9 and that this Act take effect and be in force from and after its 7-10 passage, and it is so enacted.