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.