1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Wilbarger County Stormwater Control
1-4 District; granting the authority to issue bonds and impose taxes;
1-5 granting the power of eminent domain.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. CREATION; LEGISLATIVE DECLARATION. (a) A
1-8 conservation and reclamation district to be known as the Wilbarger
1-9 County Stormwater Control District is created subject to approval
1-10 at a confirmation election under Section 9 of this Act. The
1-11 district is a governmental agency and a body politic and corporate.
1-12 (b) The district is created under and is essential to the
1-13 accomplishment of the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means the
1-16 Wilbarger County Stormwater Control District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of Wilbarger County, Texas.
1-19 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
1-20 finds that the boundaries of the district form a closure.
1-21 SECTION 5. FINDING OF BENEFIT. All of the land and other
1-22 property included within the boundaries of the district will be
1-23 benefited by the works and projects that are to be accomplished by
1-24 the district under powers conferred by Section 59, Article XVI,
2-1 Texas Constitution. The district is created to serve a public use
2-2 and benefit.
2-3 SECTION 6. POWERS. (a) The district has all of the rights,
2-4 powers, privileges, authority, functions, and duties provided by
2-5 the general law of this state, including Chapters 49 and 66, Water
2-6 Code, applicable to stormwater control districts created under
2-7 Section 59, Article XVI, Texas Constitution. In addition, the
2-8 district has the rights, powers, privileges, authority, functions,
2-9 and duties provided by Chapter 56, Water Code. This Act prevails
2-10 over any provision of general law that is in conflict or
2-11 inconsistent with this Act. If there is a conflict between Chapter
2-12 56 and Chapter 66, Water Code, Chapter 66 prevails.
2-13 (b) The rights, powers, privileges, authority, functions,
2-14 and duties of the district are subject to the continuing right of
2-15 supervision of the state to be exercised by and through the Texas
2-16 Natural Resource Conservation Commission.
2-17 SECTION 7. BOARD OF DIRECTORS. (a) The district is
2-18 governed by a board of five directors.
2-19 (b) Temporary directors serve until initial directors are
2-20 elected under Section 9 of this Act.
2-21 (c) Initial directors serve until permanent directors are
2-22 elected under Section 10 of this Act.
2-23 (d) Permanent directors serve staggered four-year terms.
2-24 (e) Each director must qualify to serve as director in the
2-25 manner provided by Section 49.055, Water Code.
2-26 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
2-27 directors is composed of:
3-1 (1) Mark Lehman;
3-2 (2) Steve Craighead;
3-3 (3) Jimmy Koontz;
3-4 (4) Billy Smith; and
3-5 (5) Don Jones.
3-6 (b) If a temporary director fails to qualify for office, the
3-7 temporary directors who have qualified shall appoint a person to
3-8 fill the vacancy. If at any time there are fewer than five
3-9 qualified temporary directors for any other reason, the Texas
3-10 Natural Resource Conservation Commission shall appoint the
3-11 necessary number of persons to fill all vacancies on the board.
3-12 (c) As soon as all temporary directors have qualified, the
3-13 directors shall meet and elect a chairman and vice chairman from
3-14 among their membership and other officers as necessary.
3-15 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
3-16 (a) The temporary board of directors shall call and hold an
3-17 election to confirm establishment of the district and to elect five
3-18 initial directors as provided by Chapter 49, Water Code.
3-19 (b) Subsection (a), Section 41.001, Election Code, does not
3-20 apply to a confirmation election held as provided by this section.
3-21 (c) If the establishment of the district has not been
3-22 confirmed at an election held under this section before the fourth
3-23 anniversary of the effective date of this Act, this Act expires on
3-24 that date.
3-25 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
3-26 Saturday in May of the first even-numbered year after the year in
3-27 which the confirmation election is held, an election shall be held
4-1 in the district for the election at large of two directors who
4-2 shall each serve two-year terms and three directors who shall each
4-3 serve four-year terms. Thereafter, on the same date in each
4-4 subsequent even-numbered year, the appropriate number of directors
4-5 shall be elected to the board.
4-6 (b) The directors elected at the election described in
4-7 Subsection (a) of this section may assign a position number to each
4-8 director's seat, after which directors shall be elected by
4-9 position.
4-10 SECTION 11. ADDITIONAL POWERS. (a) The district as a
4-11 stormwater control district may issue bonds to provide for all
4-12 improvements and the maintenance of those improvements necessary to
4-13 achieve the purposes of Section 59, Article XVI, Texas
4-14 Constitution, and may provide for the payment of the bonds through
4-15 ad valorem taxes and revenues collected for that purpose as
4-16 authorized by Chapter 66, Water Code.
4-17 (b) The district may acquire land, materials, waste grounds,
4-18 easements, rights-of-way, and everything considered necessary for
4-19 the purpose of accomplishing any one or more of the authorized
4-20 functions of the district.
4-21 (c) The district may acquire property by gift, grant, or
4-22 purchase, and the right to acquire property includes property
4-23 considered necessary for the construction, improvement, extension,
4-24 enlargement, operation, or maintenance of the plants, works,
4-25 improvements, facilities, equipment, or appliances of the district.
4-26 (d) The district may acquire either the fee simple title to
4-27 or an easement on all land, both public and private, either inside
5-1 or outside the boundaries and may acquire the title to or an
5-2 easement on property other than land held in fee.
5-3 (e) The district may also lease property on terms and
5-4 conditions the board of directors determines to be advantageous to
5-5 the construction, improvement, extension, enlargement, operation,
5-6 or maintenance of the plants, works, improvements, facilities,
5-7 equipment, or appliances of the district.
5-8 (f) The district may also lease property on terms and
5-9 conditions the board of directors determines to be advantageous to
5-10 the district.
5-11 (g) The district may acquire any land, easements, or other
5-12 property inside the district or within five miles of the district
5-13 solely for sewer, water, storm drainage, and flood drainage
5-14 connections when necessary by condemnation and may elect to condemn
5-15 either the fee simple title or an easement only.
5-16 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
5-17 (a) The proper and legal notice of the intention to introduce this
5-18 Act, setting forth the general substance of this Act, has been
5-19 published as provided by law, and the notice and a copy of this Act
5-20 have been furnished to all persons, agencies, officials, or
5-21 entities to which they are required to be furnished by the
5-22 constitution and other laws of this state, including the governor,
5-23 who has submitted the notice and Act to the Texas Natural Resource
5-24 Conservation Commission.
5-25 (b) The Texas Natural Resource Conservation Commission has
5-26 filed its recommendations relating to this Act with the governor,
5-27 lieutenant governor, and speaker of the house of representatives
6-1 within the required time.
6-2 (c) All requirements of the constitution and laws of this
6-3 state and the rules and procedures of the legislature with respect
6-4 to the notice, introduction, and passage of this Act are fulfilled
6-5 and accomplished.
6-6 SECTION 13. EMERGENCY. The importance of this legislation
6-7 and the crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended,
6-11 and that this Act take effect and be in force from and after its
6-12 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3401 was passed by the House on April
23, 1999, by the following vote: Yeas 141, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3401 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor