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.