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. 3-18 * * * * *