By: Haywood S.B. No. 907
99S0595/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation, administration, powers, duties,
1-2 operation, and financing of the Salt Fork Water Quality District;
1-3 granting the power of eminent domain and the authority to issue
1-4 bonds.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A conservation and reclamation
1-7 district to be known as the Salt Fork Water Quality District is
1-8 created in Stonewall County. The district is a governmental agency
1-9 and a body politic and corporate. The district is created for the
1-10 primary purposes of:
1-11 (1) improving, preserving, and protecting the quality
1-12 of the waters of the Salt Fork of the Brazos River and tributaries;
1-13 and
1-14 (2) controlling and removing salt and other substances
1-15 affecting those waters.
1-16 (b) The district is created under and is essential to
1-17 accomplish the purposes of Section 59, Article XVI, Texas
1-18 Constitution.
1-19 SECTION 2. DEFINITION. In this Act, "district" means the
1-20 Salt Fork Water Quality District.
1-21 SECTION 3. BOUNDARIES. The boundaries of the district are
1-22 the same as the boundaries of Stonewall County. The District shall
1-23 not be subject to Subchapter D, Chapter 43, Local Government Code,
1-24 or similar statutes, and accordingly: (i) the existence of the
2-1 district shall not affect municipal annexations or boundaries; and
2-2 (ii) municipal annexations or boundary changes shall not affect the
2-3 district or require assumption of its assets or liabilities.
2-4 SECTION 4. FINDINGS RELATING TO BOUNDARIES. It is intended
2-5 that the district include the entirety of Stonewall County. The
2-6 legislature finds that the boundaries of the district form a
2-7 closure. A mistake in the boundaries does not affect the
2-8 organization, existence, or validity of the district or the
2-9 legality or operation of the district or its governing body.
2-10 SECTION 5. FINDING OF BENEFIT. All of the land and other
2-11 property included within the boundaries of the district will be
2-12 benefited by the works and projects that are to be accomplished by
2-13 the district under powers conferred by Section 59, Article XVI,
2-14 Texas Constitution. The district is created to serve a public use
2-15 and benefit.
2-16 SECTION 6. POWERS; TAXES PROHIBITED. (a) The district has
2-17 all of the rights, powers, privileges, authority, functions, and
2-18 duties provided by the general law of this state, including
2-19 Chapters 49 and 65, Water Code, applicable to special utility
2-20 districts created under Section 59, Article XVI, Texas
2-21 Constitution. However, the district may not levy taxes.
2-22 (b) The district has all of the rights, powers, privileges,
2-23 authority, functions, and duties necessary to achieve the purposes
2-24 for which the district is created or incidental thereto. To
2-25 achieve those purposes, the district may also:
2-26 (1) construct, acquire, own, lease, and operate
3-1 facilities;
3-2 (2) enter into contracts, leases, and other agreements
3-3 with, and accept grants, loans, and other assistance from, state
3-4 agencies, counties, river authorities, and other political
3-5 subdivisions of the state, their respective boards, commissions,
3-6 committees, and agencies, and other entities;
3-7 (3) borrow money and issue bonds and other evidences
3-8 of indebtedness, if approved by resolution or order adopted by its
3-9 governing body, as provided in Chapter 65, Water Code, or other
3-10 applicable law; and
3-11 (4) sell salt, water, and other products on terms
3-12 approved by its governing body.
3-13 (c) The purposes of the district are found and determined to
3-14 be essential public and governmental functions that not only
3-15 preserve and protect the natural resources of the state but also
3-16 encourage and promote sound economic development. State agencies,
3-17 counties, river authorities, and other political subdivisions of
3-18 the state and their respective boards, commissions, committees, and
3-19 agencies are authorized to provide financial and other assistance
3-20 to the district to aid in achieving those purposes, either on an
3-21 interim or preliminary basis or otherwise.
3-22 (d) The rights, powers, privileges, authority, functions,
3-23 and duties of the district are subject to the continuing right of
3-24 supervision of the state, to be exercised by and through the Texas
3-25 Natural Resource Conservation Commission. However, for bonds and
3-26 facilities approved or inspected by the Texas Water Development
4-1 Board, no separate approval or inspection by the commission is
4-2 required.
4-3 (e) This Act prevails over any provision of general law that
4-4 is in conflict or inconsistent with this Act.
4-5 SECTION 7. BOARD OF DIRECTORS. (a) The district is
4-6 governed by a board of five directors, which shall be its governing
4-7 body.
4-8 (b) Interim directors appointed in this Act shall serve
4-9 until permanent directors are elected under Section 9 of this Act.
4-10 Until permanent directors are elected and qualified to hold office,
4-11 the interim directors shall exercise all rights, powers,
4-12 privileges, authority, functions, and duties conferred upon the
4-13 governing body or the district.
4-14 SECTION 8. APPOINTMENT OF INTERIM DIRECTORS. (a) The
4-15 following persons are appointed as the interim directors of the
4-16 district:
4-17 1. __________________, Stonewall County, Texas
4-18 2. __________________, Stonewall County, Texas
4-19 3. __________________, Stonewall County, Texas
4-20 4. __________________, Stonewall County, Texas
4-21 5. __________________, Stonewall County, Texas
4-22 (b) The interim directors shall take the oath of office and
4-23 execute bonds to qualify for holding their office as soon as
4-24 practicable after the effective date of this Act.
4-25 SECTION 9. ELECTIONS. (a) Five permanent directors shall
4-26 be elected on the uniform election date established by the Election
5-1 Code in May of each even-numbered year, unless the board determines
5-2 a different election date as provided in Chapter 65, Water Code.
5-3 The terms of the directors shall run concurrently.
5-4 (b) Inasmuch as the district may not levy taxes,
5-5 confirmation, tax, or bond elections are not required.
5-6 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
5-7 (a) The proper and legal notice of the intention to introduce this
5-8 Act, setting forth the general substance of this Act, has been
5-9 published as provided by law, and the notice and a copy of this Act
5-10 have been furnished to all persons, agencies, officials, or
5-11 entities to which they are required to be furnished by the
5-12 constitution and other laws of this state, including the governor,
5-13 who has submitted the notice and Act to the Texas Natural Resource
5-14 Conservation Commission.
5-15 (b) The Texas Natural Resource Conservation Commission has
5-16 filed its recommendations relating to this Act with the governor,
5-17 lieutenant governor, and speaker of the house of representatives
5-18 within the required time.
5-19 (c) All requirements of the constitution and laws of this
5-20 state and the rules and procedures of the legislature with respect
5-21 to the notice, introduction, and passage of this Act are fulfilled
5-22 and accomplished.
5-23 SECTION 11. EMERGENCY. The importance of this legislation
5-24 and the crowded condition of the calendars in both houses create an
5-25 emergency and an imperative public necessity that the
5-26 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended,
6-2 and that this Act take effect and be in force from and after its
6-3 passage, and it is so enacted.