1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Wharton County Drainage District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION. (a) A drainage district, to be known
1-6 as the Wharton County Drainage District, is created in Wharton
1-7 County, subject to approval at a confirmation election under
1-8 Section 7 of this Act. The district is a governmental agency and a
1-9 body politic and corporate.
1-10 (b) The district is created under and is essential to
1-11 accomplish the purposes of Section 59, Article XVI, Texas
1-12 Constitution.
1-13 SECTION 2. DEFINITION. In this Act, "district" means the
1-14 Wharton County Drainage District.
1-15 SECTION 3. BOUNDARIES. The boundaries of the district are
1-16 coextensive with the boundaries of Wharton County, Texas.
1-17 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-18 property included within the boundaries of the district will be
1-19 benefited by the works and projects that are to be accomplished by
1-20 the district under powers conferred by Section 59, Article XVI,
1-21 Texas Constitution. The district is created to serve a public use
1-22 and benefit.
1-23 SECTION 5. GENERAL POWERS. The district has all of the
1-24 rights, powers, privileges, authority, functions, and duties
2-1 provided by the general law of this state, including Chapters 49
2-2 and 56, Water Code, applicable to drainage districts created under
2-3 Section 59, Article XVI, Texas Constitution. This Act prevails
2-4 over any provision of general law that is in conflict or
2-5 inconsistent with this Act.
2-6 SECTION 6. BOARD OF DIRECTORS. The district is governed by a
2-7 board of five directors, consisting of the commissioners court of
2-8 Wharton County.
2-9 SECTION 7. CONFIRMATION ELECTION. (a) The board of
2-10 directors shall call and hold an election to confirm the creation
2-11 of the district.
2-12 (b) Section 41.001(a), Election Code, does not apply to a
2-13 confirmation election held as provided by this section.
2-14 (c) Except as provided by this section, a confirmation
2-15 election must be conducted as provided by Sections 49.102(a)-(f),
2-16 Water Code, and the Election Code.
2-17 SECTION 8. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
2-18 The proper and legal notice of the intention to introduce this Act,
2-19 setting forth the general substance of this Act, has been published
2-20 as provided by law, and the notice and a copy of this Act have been
2-21 furnished to all persons, agencies, officials, or entities to which
2-22 they are required to be furnished by the constitution and other
2-23 laws of this state, including the governor, who has submitted the
2-24 notice and Act to the Texas Natural Resource Conservation
2-25 Commission.
2-26 (b) The Texas Natural Resource Conservation Commission has
2-27 filed its recommendations relating to this Act with the governor,
3-1 lieutenant governor, and speaker of the house of representatives
3-2 within the required time.
3-3 (c) All requirements of the constitution and laws of this
3-4 state and the rules and procedures of the legislature with respect
3-5 to the notice, introduction, and passage of this Act are fulfilled
3-6 and accomplished.
3-7 SECTION 9. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
3-8 takes effect September 1, 2001.
3-9 (b) If the creation of the district is not confirmed at a
3-10 confirmation election held under Section 7 of this Act before
3-11 September 1, 2003, this Act expires on that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3635 was passed by the House on April
20, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3635 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor