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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of stormwater control and recapture |
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planning authorities in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 12, Local Government Code, is |
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amended by adding Chapter 391A to read as follows: |
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CHAPTER 391A. STORMWATER CONTROL AND RECAPTURE PLANNING |
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AUTHORITIES IN CERTAIN COUNTIES |
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Sec. 391A.001. DEFINITIONS. In this chapter: |
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(1) "Affected county" means a county that: |
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(A) has a population of 800,000 or more; and |
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(B) receives an average annual rainfall of 15 |
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inches or less based on the most recent 10-year period according to |
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data available from a reliable source, including the United States |
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Department of Agriculture Natural Resources Conservation Service |
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or the PRISM Climate Group, Oregon State University. |
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(2) "Authority" means a commission established under |
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this chapter. |
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Sec. 391A.002. ESTABLISHMENT. (a) A stormwater control and |
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recapture planning authority is established in each affected county |
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in this state. |
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(b) An authority is a political subdivision of this state. |
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Sec. 391A.003. TERRITORY. The territory of an authority |
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includes all of the territory in the affected county in which the |
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authority is located except any territory within the boundaries or |
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extraterritorial jurisdiction of that county's largest |
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municipality, provided that the municipality has a plan in place |
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for the control of stormwater on the date the authority is |
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established. |
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Sec. 391A.004. BOARD OF DIRECTORS. The governing body of an |
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authority is a board of directors composed of: |
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(1) a representative of the county in which the |
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authority is located and each municipality within the territory of |
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the authority; |
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(2) a representative of each water utility within the |
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territory of the authority not also described by Subdivision (1); |
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(3) a representative of each water district within the |
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territory of the authority that has been in operation for at least |
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15 years; and |
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(4) each member of the state legislature whose |
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legislative district is wholly or partly in the territory of the |
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authority. |
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Sec. 391A.005. POWERS AND DUTIES. (a) An authority shall: |
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(1) coordinate and adopt a long-range master plan to |
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facilitate the development and management of integrated stormwater |
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control and recapture projects and facilities within the |
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authority's territory; |
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(2) apply for, accept, and receive gifts, grants, |
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loans, and other money available from any source, including the |
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state, the federal government, and an entity represented on the |
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board of directors under Sections 391A.004(1), (2), and (3), to |
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perform its purposes; and |
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(3) assist an entity represented on the board of |
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directors under Sections 391A.004(1), (2), and (3) in carrying out |
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an objective included in the authority's master plan. |
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(b) The authority may: |
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(1) enter into contracts as necessary to carry out the |
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authority's powers and duties; and |
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(2) employ staff and consult with and retain experts. |
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(c) The authority may not: |
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(1) impose a tax or issue bonds; or |
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(2) regulate the structures or facilities of an |
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electric utility as "electric utility" is defined by Section |
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31.002, Utilities Code. |
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Sec. 391A.006. EXPIRATION OF CHAPTER. This chapter expires |
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September 1, 2023. |
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SECTION 2. 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, 2015. |