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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Willacy County Drainage District |
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No. 3; providing authority to issue bonds; providing authority to |
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impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 6608 to read as follows: |
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CHAPTER 6608. WILLACY COUNTY DRAINAGE DISTRICT NO. 3 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 6608.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Willacy County Drainage |
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District No. 3. |
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Sec. 6608.002. NATURE OF DISTRICT. The district is a |
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drainage district created in Willacy County under Section 59, |
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Article XVI, Texas Constitution, subject to approval at a |
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confirmation election under Section 6608.102. |
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Sec. 6608.003. FINDINGS OF BENEFIT AND PURPOSE. (a) The |
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district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the works and projects that are to be accomplished |
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by the district under powers conferred by Section 59, Article XVI, |
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Texas Constitution. |
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(c) The district is essential to accomplish the purposes of |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 6608.004. DISTRICT TERRITORY. The district territory |
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is coextensive with the boundaries of Willacy County, Texas, |
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excluding the territory contained within the boundaries of Willacy |
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County Drainage District No. 1 and Willacy County Drainage District |
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No. 2. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 6608.051. DIRECTORS. (a) The district is governed by |
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a board of three directors appointed by the Commissioners Court of |
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Willacy County. |
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(b) The board has all powers conferred on a board of |
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directors under Chapter 56, Water Code. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 6608.101. GENERAL POWERS AND DUTIES. The district has |
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all rights, powers, privileges, functions, and duties provided by |
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the general law of this state applicable to a drainage district |
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created under Section 59, Article XVI, Texas Constitution, |
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including Chapters 49 and 56, Water Code. |
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Sec. 6608.102. CONFIRMATION ELECTION. (a) The board shall |
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hold an election to confirm the creation of the district. |
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(b) Section 41.001(a), Election Code, does not apply to a |
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confirmation election under this section. |
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(c) Except as provided by this section, the confirmation |
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election must be conducted as provided by Sections 49.102(a)-(f), |
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Water Code, and the Election Code. |
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(d) The district is not required to elect directors at the |
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confirmation election. |
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Sec. 6608.103. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SECTION 2. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations on this Act with the governor, the lieutenant |
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governor, and the speaker of the house of representatives within |
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the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 3. If the creation of the district is not confirmed |
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at a confirmation election held under Section 1 of this Act before |
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September 1, 2015, this Act and Chapter 6608, Special District |
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Local Laws Code, as added by this Act, expire on that date. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |