JBM C.S.H.B. 3546 75(R)BILL ANALYSIS NATURAL RESOURCES C.S.H.B. 3546 By: Zbranek 4-16-97 Committee Report (Substituted) BACKGROUND The drainage area of Pine Island Bayou is lacking the ability to implement flood control measures. A flood control district is needed to serve the affected areas. The small cities and rural communities are in four separate counties and are, at this point, without a comprehensive flood management program. By granting a stormwater control district, the communities affected by Pine Island Bayou will be able to work together to prevent future floods and protect lives and property. PURPOSE To create the Pine Island Bayou Stormwater Control District. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) Creates the water conservation and reclamation district to be called Pine Island Bayou Stormwater Control District. (b) Creates the district under Section 59, Article XVI, Texas Constitution. SECTION 2. DEFINITION. Defines district. SECTION 3. BOUNDARIES. (a) Sets the boundaries of the district. (b) Sets the criteria for adjustment of the boundaries. SECTION 4. FINDINGS RELATING TO BOUNDARIES. States that the boundaries of the district form a closure and any mistakes made in the legislative process of defining the boundaries of the district in no way affect the powers, validity, or operations of the district. The section also states that any mistake in defining the boundaries does not affect the right of the district to issue, refund, or pay for bonds. SECTION 5. FINDING OF BENEFIT. States that the area will be benefitted by works and projects of the district under powers conferred by Section 59, Article XVI, Texas Constitution. SECTION 6. POWERS. (a) Grants powers and duties to district provided by the general law of this state, including Chapters 49 and 66, Water Code, applicable to stormwater control districts created under Section 59, Article XVI, Texas Constitution. Also, the district has the powers and duties provided by Chapter 56, Water Code. Provides that this Act prevails over inconsistent general law. Provides that if there is a conflict between Chapters 56 and 66, Water Code, Chapter 66 prevails. (b) Powers and duties of the district are subject to supervision by the Texas Natural Resources Conservation Commission (TNRCC). SECTION 7. BOARD OF DIRECTORS. (a) District has seven directors. (b) States temporary directors term of service. (c) Initial directors serve until permanent directors elected. (d) Permanent directors will serve staggered four-year terms. (e) Sets qualifications for directors. SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of directors are Warren Johnson, Norman Lowery, Claire Mason, Kenneth McFarland, Jeanie Turk, Burt Shivers, and Paul Fontenot. (b) If a temporary director does not qualify for office the qualified directors shall appoint a person to fill the vacancy. If at any other point there are less than seven directors the TNRCC shall appoint a member or members to fill the vacancy or vacancies. (c) Temporary directors shall meet and elect officers. SECTION 9. BENEFIT HEARING; APPEAL. (a) Temporary directors shall set hearing for determination of whether land to be included in district will be benefitted by the creation of the district. (b) Temporary board will give notice of and hold hearing and publish final decision on creation of the district in manner provided by Chapter 2001, Government Code. Provides additional notice requirements. (c) If district is deemed a benefit to the land, it shall confirm the boundaries of the district. (d) Land found not to benefit from the district shall be excluded. (e) The temporary board of directors shall mail to the TNRCC the order confirming or redrawing the boundaries of the district (f) Orders of the temporary board confirming or redrawing the boundaries may be appealed as provided by Chapter 2001, Government Code. SECTION 10. CONFIRMATION OF THE INITIAL DIRECTORS' ELECTION. (a) After hearing and decision on district boundaries, the temporary directors shall call an election to confirm establishment of the district and elect seven initial directors as provided by Chapter 49, Water Code (b) Section 41.001(a), Election Code, does not apply to confirmation election. SECTION 11. ELECTION OF DIRECTORS. (a) Provides that an election shall be held, on the first Saturday in May of the first even-numbered year after the year in which the confirmation election is held, for the election at large of three directors who shall each serve two-year terms and four directors who shall each serve four-year terms. Thereafter, on the same date in each subsequent even-numbered year, the appropriate number of directors shall be elected. (b) Elected directors may assign a position number to each director's seat, after which directors shall be elected by position. SECTION 12. ADDITIONAL POWERS. Grants the district additional powers to issue bonds and collect payments for them, and to acquire or lease land, title, and other properties by various methods. SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) Notice of intention to introduce this Act has been published and furnished according to law. (b) The TNRCC has filed with the governor, lieutenant governor, and speaker of the house of representatives within the required time. (c) Requirements of the constitution, laws of this state, and rules and procedures of the legislature have been accomplished. SECTION 14. EMERGENCY CLAUSE COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 11. In the original, an election was required to be held for two directors at large to serve two-year terms and three directors at large to serve four-year terms. In the substitute, this provision was changed to require three directors to be elected at large to serve two-year terms and four directors at large to serve four-year terms.