By Hardcastle H.B. No. 3401 76R9121 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 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.