1-1     By:  Hardcastle (Senate Sponsor - Haywood)            H.B. No. 3401
 1-2           (In the Senate - Received from the House April 26, 1999;
 1-3     April 27, 1999, read first time and referred to Committee on
 1-4     Natural Resources; May 12, 1999, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 12, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation, administration, powers, duties,
 1-9     operation, and financing of the Wilbarger County Stormwater Control
1-10     District; granting the authority to issue bonds and impose taxes;
1-11     granting the power of eminent domain.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  CREATION; LEGISLATIVE DECLARATION.  (a)  A
1-14     conservation and reclamation district to be known as the Wilbarger
1-15     County Stormwater Control District is created subject to approval
1-16     at a confirmation election under Section 9 of this Act.  The
1-17     district is a governmental agency and a body politic and corporate.
1-18           (b)  The district is created under and is essential to the
1-19     accomplishment of the purposes of Section 59, Article XVI, Texas
1-20     Constitution.
1-21           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-22     Wilbarger County Stormwater Control District.
1-23           SECTION 3.  BOUNDARIES.  The boundaries of the district are
1-24     coextensive with the boundaries of Wilbarger County, Texas.
1-25           SECTION 4.  FINDINGS RELATING TO BOUNDARIES.  The legislature
1-26     finds that the boundaries of the district form a closure.
1-27           SECTION 5.  FINDING OF BENEFIT.  All of the land and other
1-28     property included within the boundaries of the district will be
1-29     benefited by the works and projects that are to be accomplished by
1-30     the district under powers conferred by Section 59, Article XVI,
1-31     Texas Constitution.  The district is created to serve a public use
1-32     and benefit.
1-33           SECTION 6.  POWERS.  (a)  The district has all of the rights,
1-34     powers, privileges, authority, functions, and duties provided by
1-35     the general law of this state, including Chapters 49 and 66, Water
1-36     Code, applicable to stormwater control districts created under
1-37     Section 59, Article XVI, Texas Constitution.  In addition, the
1-38     district has the rights, powers, privileges, authority, functions,
1-39     and duties provided by Chapter 56, Water Code.  This Act prevails
1-40     over any provision of general law that is in conflict or
1-41     inconsistent with this Act.  If there is a conflict between Chapter
1-42     56 and Chapter 66, Water Code, Chapter 66 prevails.
1-43           (b)  The rights, powers, privileges, authority, functions,
1-44     and duties of the district are subject to the continuing right of
1-45     supervision of the state to be exercised by and through the Texas
1-46     Natural Resource Conservation Commission.
1-47           SECTION 7.  BOARD OF DIRECTORS.  (a)  The district is
1-48     governed by a board of five directors.
1-49           (b)  Temporary directors serve until initial directors are
1-50     elected under Section 9 of this Act.
1-51           (c)  Initial directors serve until permanent directors are
1-52     elected under Section 10 of this Act.
1-53           (d)  Permanent directors serve staggered four-year terms.
1-54           (e)  Each director must qualify to serve as director in the
1-55     manner provided by Section 49.055, Water Code.
1-56           SECTION 8.  TEMPORARY DIRECTORS.  (a)  The temporary board of
1-57     directors is composed of:
1-58                 (1)  Mark Lehman;
1-59                 (2)  Steve Craighead;
1-60                 (3)  Jimmy Koontz;
1-61                 (4)  Billy Smith; and
1-62                 (5)  Don Jones. 
1-63           (b)  If a temporary director fails to qualify for office, the
1-64     temporary directors who have qualified shall appoint a person to
 2-1     fill the vacancy.  If at any time there are fewer than five
 2-2     qualified temporary directors for any other reason, the Texas
 2-3     Natural Resource Conservation Commission shall appoint the
 2-4     necessary number of persons to fill all vacancies on the board.
 2-5           (c)  As soon as all temporary directors have qualified, the
 2-6     directors shall meet and elect a chairman and vice chairman from
 2-7     among their membership and other officers as necessary.
 2-8           SECTION 9.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
 2-9     (a)  The temporary board of directors shall call and hold an
2-10     election to confirm establishment of the district and to elect five
2-11     initial directors as provided by Chapter 49, Water Code.
2-12           (b)  Subsection (a), Section 41.001, Election Code, does not
2-13     apply to a confirmation election held as provided by this section.
2-14           (c)  If the establishment of the district has not been
2-15     confirmed at an election held under this section before the fourth
2-16     anniversary of the effective date of this Act, this Act expires on
2-17     that date.
2-18           SECTION 10.  ELECTION OF DIRECTORS.  (a)  On the first
2-19     Saturday in May of the first even-numbered year after the year in
2-20     which the confirmation election is held, an election shall be held
2-21     in the district for the election at large of two directors who
2-22     shall each serve two-year terms and three directors who shall each
2-23     serve four-year terms.  Thereafter, on the same date in each
2-24     subsequent even-numbered year, the appropriate number of directors
2-25     shall be elected to the board.
2-26           (b)  The directors elected at the election described in
2-27     Subsection (a) of this section may assign a position number to each
2-28     director's seat, after which directors shall be elected by
2-29     position.
2-30           SECTION 11.  ADDITIONAL POWERS.  (a)  The district as a
2-31     stormwater control district may issue bonds to provide for all
2-32     improvements and the maintenance of those improvements necessary to
2-33     achieve the purposes of Section 59, Article XVI, Texas
2-34     Constitution, and may provide for the payment of the bonds through
2-35     ad valorem taxes and revenues collected for that purpose as
2-36     authorized by Chapter 66, Water Code.
2-37           (b)  The district may acquire land, materials, waste grounds,
2-38     easements, rights-of-way, and everything considered necessary for
2-39     the purpose of accomplishing any one or more of the authorized
2-40     functions of the district.
2-41           (c)  The district may acquire property by gift, grant, or
2-42     purchase, and the right to acquire property includes  property
2-43     considered necessary for the construction, improvement, extension,
2-44     enlargement, operation, or maintenance of the plants, works,
2-45     improvements, facilities, equipment, or appliances of the district.
2-46           (d)  The district may acquire either the fee simple title to
2-47     or an easement on all land, both public and private, either inside
2-48     or outside the boundaries and may acquire the title to or an
2-49     easement on property other than land held in fee.
2-50           (e)  The district may also lease property on terms and
2-51     conditions the board of directors determines to be advantageous to
2-52     the construction, improvement, extension, enlargement, operation,
2-53     or maintenance of the plants, works, improvements, facilities,
2-54     equipment, or appliances of the district.
2-55           (f)  The district may also lease property on terms and
2-56     conditions the board of directors determines to be advantageous to
2-57     the district.
2-58           (g)  The district may acquire any land, easements, or other
2-59     property inside the district or within five miles of the district
2-60     solely for sewer, water, storm drainage, and flood drainage
2-61     connections when necessary by condemnation and may elect to condemn
2-62     either the fee simple title or an easement only.
2-63           SECTION 12.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
2-64     (a)  The proper and legal notice of the intention to introduce this
2-65     Act, setting forth the general substance of this Act, has been
2-66     published as provided by law, and the notice and a copy of this Act
2-67     have been furnished to all persons, agencies, officials, or
2-68     entities to which they are required to be furnished by the
2-69     constitution and other laws of this state, including the governor,
 3-1     who has submitted the notice and Act to the Texas Natural Resource
 3-2     Conservation Commission.
 3-3           (b)  The Texas Natural Resource Conservation Commission has
 3-4     filed its recommendations relating to this Act with the governor,
 3-5     lieutenant governor, and speaker of the house of representatives
 3-6     within the required time.
 3-7           (c)  All requirements of the constitution and laws of this
 3-8     state and the rules and procedures of the legislature with respect
 3-9     to the notice, introduction, and passage of this Act are fulfilled
3-10     and accomplished.
3-11           SECTION 13.  EMERGENCY.  The importance of this legislation
3-12     and the crowded condition of the calendars in both houses create an
3-13     emergency and an imperative public necessity that the
3-14     constitutional rule requiring bills to be read on three several
3-15     days in each house be suspended, and this rule is hereby suspended,
3-16     and that this Act take effect and be in force from and after its
3-17     passage, and it is so enacted.
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