JBM S.B. 1899 75(R)    BILL ANALYSIS


NATURAL RESOURCES
S.B. 1899
By: Galloway, Michael (Zbranek)
5-12-97
Committee Report (Unamended)



BACKGROUND 

Currently, there is no established entity to coordinate flood control
efforts between the county, state, and federal governments in regard to
the Pine Island Bayou.  The bayou is located in portions of Polk, Liberty,
Jefferson, and Hardin counties.  The bayou area has historically been
subjected to severe flooding and drainage problems.  In 1994, an estimated
$100 million of flood damage occurred in the region.  A flood control
district would help in the development of a comprehensive flood management
program for the area.  This bill would establish provisions for eligible
residents of the Pine Island Bayou area to conduct an election authorizing
the creation of the Pine Island Bayou Stormwater Control District.  

PURPOSE

To establish provisions for eligible residents of the Pine Island Bayou
area to conduct an election authorizing the creation of 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.  Provides that a
conservation and reclamation district to be known as the Pine Island Bayou
Stormwater Control District (district) is created in Hardin, Jefferson,
and Liberty counties, subject to approval at a confirmation election under
Section 10 of this Act.  Provides that the district is a governmental
agency and a body politic and corporate.  Provides that the district is
created under and is essential to the accomplishment of the purposes of
Section 59, Article XVI, Texas Constitution.   

SECTION 2. DEFINITION.  Defines "district."  

SECTION 3. BOUNDARIES.  Sets forth the boundaries of the territory
required to be included within the district.  Authorizes the boundaries
for the district to be adjusted after a benefits hearing as provided by
Section 9 of this Act and before a confirmation election is held as
provided by Section 10 of this Act.  

SECTION 4. FINDINGS RELATING TO BOUNDARIES.  Provides that the legislature
finds that the boundaries and field notes of the district form a closure.
Provides that if any mistake is made in the field notes or in copying the
field notes in the legislative process, it in no way affects the
organization, existence, and validity of the district, or the right of the
district to issue any type of bonds or refunding bonds for the purposes
for which the district is created or to pay the principal of and interest
on the bonds, or in any other manner affects the legality or operation of
the district or its governing body.     

SECTION 5. FINDING OF BENEFIT.  Provides that all of the land and other
property included within the boundaries of the district will be benefited
by the works and projects that are to be accomplished by the district
under powers conferred by Section 59, Article XVI, Texas  Constitution.
Provides that the district is created to serve a public use and benefit. 

SECTION 6. POWERS.  Provides that the district has all of the rights,
powers, privileges, authority, functions, and duties 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.  Provides that the district has the
rights, powers, privileges, authority, functions and duties provided by
Chapter 56, Water Code.  Provides that this Act prevails over any
provision of general law that is in conflict or inconsistent with this
Act.  Provides that Chapter 66 prevails if there is a conflict between
Chapter 56 and Chapter 66.  Provides that the rights, powers, privileges,
authority, functions, and duties of the district are subject to the
continuing right of supervision of the state to be exercised by and
through the Texas Natural Resource Conservation Commission (TNRCC). 

SECTION 7. BOARD OF DIRECTORS.  Provides that the district is governed by
a board of seven directors (board).  Provides that temporary directors
serve until initial directors are elected under Section 10 of this Act.
Provides that initial directors serve until permanent directors are
elected under Section 11 of this Act.  Provides that permanent directors
serve staggered four-year terms.  Requires each director to qualify to
serve as director in the manner provided by Section 49.055, Water Code.  

SECTION 8. TEMPORARY DIRECTORS.  Provides that the temporary board of
directors is composed of Warren Johnson, Norman Lowery, Claire Mason,
Kenneth McFarland, Jeanie Turk, Burt Shivers, and Paul Fontenot.  Requires
the temporary directors who have qualified, if a temporary director fails
to qualify for office, to appoint a person to fill the vacancy.  Requires
TNRCC, if at any time there are fewer than seven qualified temporary
directors for any other reason, to appoint the necessary number of persons
to fill all vacancies on the board.  Requires the directors, as soon as
all temporary directors have qualified, to meet and elect a chairman and
vice chairman from among their membership and other officers as necessary.

SECTION 9. BENEFIT HEARING; APPEAL.  Requires the temporary board of
directors, as soon as practicable after all temporary directors have
qualified and officers have been elected as provided by Section 8 of this
Act, to set a date for a hearing to determine whether the land to be
included in the district will be benefited by the creation of the
district.  Requires the temporary board of directors to give notice of the
hearing and to hold the hearing and issue an order stating its final
decision in the manner provided by Chapter 2001, Government Code, after a
date is set for the hearing.  Sets forth required notice publication
guidelines.  Requires the temporary board of directors, after the hearing
and if the temporary board of directors finds that the creation of the
district will be a benefit to land included in the district, to make that
finding and, by order, to confirm the boundaries of the district as
described in Section 3.  Requires the temporary board of directors, in
making its decision and if the temporary board of directors finds that a
part of the land to be included in the district will not be benefited by
creation of the district, to make this finding and, by order, to exclude
the nonbenefited land from the proposed district and redraw the boundaries
of the district to conform to this change.  Requires the temporary board
of directors to mail to TNRCC the order confirming or redrawing the
boundaries of the district.  Authorizes the order of the temporary board
of directors confirming or redrawing the boundaries of the district to be
appealed as provided by Chapter 2001, Government Code. 

SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  Requires the
temporary board of directors, after a hearing has been held and the
temporary board of directors has confirmed or redrawn the boundaries of
the district as provided by Section 9 of this Act, to call and hold an
election to confirm establishment of the district and to elect seven
initial directors as provided by Chapter 49, Water Code.  Provides that
Section 41.001(a), Election Code, does not apply to a confirmation
election held as provided by this section.   

SECTION 11. ELECTION OF DIRECTORS.  Requires an election, on the first
Saturday in May of the first even-numbered year after the year in which
the confirmation election is held, to be held in the district for election
at large of three directors who shall each serve two-year terms and four
directors who shall each serve four-year terms.  Requires the appropriate
number of directors, on the same date in each subsequent even-numbered
year, to be elected to the board.  Authorizes the directors elected at the
election described in Subsection (a) of this Section to assign a position
number to each director's seat, after which directors shall be elected by
position.      
SECTION 12. ADDITIONAL POWERS.  Authorizes the district as a stormwater
control district to issue bonds to provide for all improvements and the
maintenance of those improvements necessary to achieve the purposes of
Section 59, Article XVI, Texas Constitution, and may provide for the
payment of the bonds through ad valorem taxes and revenues collected for
that purpose as authorized by Chapter 66, Water Code.  Authorizes the
district to acquire land, materials, waste grounds, easements,
rights-of-way, and everything considered necessary for the purpose of
accomplishing any one or more of the authorized functions of the district.
Requires the district to have the right to acquire property, to include
property considered necessary for the construction, improvement,
extension, enlargement, operation, or maintenance of the plants, works,
improvements, facilities, equipment, or appliances of the district.
Authorizes  the district to acquire either the fee simple title to or an
easement on all land, both public and private, either inside or outside
the boundaries and to acquire the title to or an easement on property
other than land held in fee.  Authorizes the district to lease property on
terms and conditions the board determines to be advantageous to the
construction, improvement, extension, enlargement, operation, or
maintenance of the plants, works, improvements, facilities, equipment, or
appliances of the district.  Authorizes the district to acquire either the
fee simple title to or an easement on all land, both public and private,
either inside or outside the boundaries and to acquire the title to or an
easement on property other than land held in fee.  Authorizes the district
to also lease property on terms and conditions the board of directors
determines to be advantageous to the district.  Authorizes the district to
acquire any land, easements, or other property inside the district or
within five miles of the district solely for sewer, water, storm drainage,
and flood drainage connections when necessary by condemnation, and to
elect to condemn either the fee simple title or an easement only. 

SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Provides that
the proper and legal notice of the intention to introduce this Act,
setting forth the general substance of this Act, has been published as
provided by law, and the notice and a copy of this Act have been furnished
to all persons, agencies, officials, or entities to which they are
required to be furnished by the constitution and other laws of this state,
including the governor, who has submitted the notice and the Act to TNRCC.
Provides that TNRCC has filed its recommendations relating to this Act to
the governor, lieutenant governor, and speaker of the house of
representatives within the required time.  Provides that all requirements
of the constitution and laws of this state and the rules and procedures of
the legislature with respect to the notice, introduction, and passage of
this Act are fulfilled and accomplished.  

SECTION 14. Emergency clause.
  Effective date:  upon passage.