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.