1-1 By: Cook (Senate Sponsor - Armbrister) H.B. No. 3635 1-2 (In the Senate - Received from the House April 23, 2001; 1-3 April 24, 2001, read first time and referred to Committee on 1-4 Natural Resources; May 10, 2001, reported favorably by the 1-5 following vote: Yeas 4, Nays 0; May 10, 2001, 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 Wharton County Drainage District. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. CREATION. (a) A drainage district, to be known 1-12 as the Wharton County Drainage District, is created in Wharton 1-13 County, subject to approval at a confirmation election under 1-14 Section 7 of this Act. The district is a governmental agency and a 1-15 body politic and corporate. 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 Wharton County Drainage District. 1-21 SECTION 3. BOUNDARIES. The boundaries of the district are 1-22 coextensive with the boundaries of Wharton County, Texas. 1-23 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-24 property included within the boundaries of the district will be 1-25 benefited by the works and projects that are to be accomplished by 1-26 the district under powers conferred by Section 59, Article XVI, 1-27 Texas Constitution. The district is created to serve a public use 1-28 and benefit. 1-29 SECTION 5. GENERAL POWERS. The district has all of the 1-30 rights, powers, privileges, authority, functions, and duties 1-31 provided by the general law of this state, including Chapters 49 1-32 and 56, Water Code, applicable to drainage districts created under 1-33 Section 59, Article XVI, Texas Constitution. This Act prevails 1-34 over any provision of general law that is in conflict or 1-35 inconsistent with this Act. 1-36 SECTION 6. BOARD OF DIRECTORS. The district is governed by a 1-37 board of five directors, consisting of the commissioners court of 1-38 Wharton County. 1-39 SECTION 7. CONFIRMATION ELECTION. (a) The board of 1-40 directors shall call and hold an election to confirm the creation 1-41 of the district. 1-42 (b) Section 41.001(a), Election Code, does not apply to a 1-43 confirmation election held as provided by this section. 1-44 (c) Except as provided by this section, a confirmation 1-45 election must be conducted as provided by Sections 49.102(a)-(f), 1-46 Water Code, and the Election Code. 1-47 SECTION 8. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) 1-48 The proper and legal notice of the intention to introduce this Act, 1-49 setting forth the general substance of this Act, has been published 1-50 as provided by law, and the notice and a copy of this Act have been 1-51 furnished to all persons, agencies, officials, or entities to which 1-52 they are required to be furnished by the constitution and other 1-53 laws of this state, including the governor, who has submitted the 1-54 notice and Act to the Texas Natural Resource Conservation 1-55 Commission. 1-56 (b) The Texas Natural Resource Conservation Commission has 1-57 filed its recommendations relating to this Act with the governor, 1-58 lieutenant governor, and speaker of the house of representatives 1-59 within the required time. 1-60 (c) All requirements of the constitution and laws of this 1-61 state and the rules and procedures of the legislature with respect 1-62 to the notice, introduction, and passage of this Act are fulfilled 1-63 and accomplished. 1-64 SECTION 9. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 2-1 takes effect September 1, 2001. 2-2 (b) If the creation of the district is not confirmed at a 2-3 confirmation election held under Section 7 of this Act before 2-4 September 1, 2003, this Act expires on that date. 2-5 * * * * *