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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 Onion Creek Watershed Hays and |
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Travis Counties Flood Control District No. 1; granting a limited |
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power of eminent domain; providing authority to impose assessments |
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and fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7812 to read as follows: |
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CHAPTER 7812. ONION CREEK WATERSHED HAYS AND TRAVIS COUNTIES FLOOD |
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CONTROL DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7812.001. 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 Onion Creek Watershed Hays |
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and Travis Counties Flood Control District No. 1. |
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Sec. 7812.002. NATURE OF DISTRICT. (a) The district is a |
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conservation and reclamation district as provided by this chapter. |
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(b) The creation of the district is essential to accomplish |
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the purposes of Section 59, Article XVI, Texas Constitution. |
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Sec. 7812.003. DISTRICT TERRITORY. The district initially |
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is composed of the territory described as the Onion Creek Watershed |
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using the National Hydrography Dataset and the Watershed Boundary |
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Dataset and the remainder of any property any part of which falls |
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inside the district on the date this chapter takes effect. |
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Sec. 7812.004. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land to or may exclude land from the district in |
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accordance with Subchapter J, Chapter 49, or Subchapter H, Chapter |
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54, Water Code. |
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(b) The district is not required to hold an exclusion |
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hearing. |
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Sec. 7812.005. PROVISIONS NOT APPLICABLE. The following |
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provisions of Chapter 49, Water Code, do not apply to the district: |
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(1) Section 49.104; |
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(2) Section 49.1045; |
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(3) Section 49.152; |
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(4) Section 49.154; |
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(5) Section 49.155; |
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(6) Section 49.219; |
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(7) Section 49.222; |
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(8) Section 49.236; |
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(9) Section 49.2361; |
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(10) Subchapter F; |
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(11) Subchapter L; and |
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(12) Subchapter N. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7812.051. COMPOSITION OF BOARD. The district is |
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governed by a board of seven elected directors who serve staggered |
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terms. |
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Sec. 7812.052. OFFICERS. (a) The board shall elect from |
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among its members a president, a vice president, and a |
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secretary-treasurer at the first board meeting after each |
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directors' election. |
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(b) The secretary-treasurer: |
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(1) is the custodian of district records; and |
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(2) shall attest to all legal documents executed by |
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the district. |
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Sec. 7812.053. DIRECTOR'S BOND; SECRETARY-TREASURER'S |
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BOND. (a) Each director shall give bond in the amount of $1,000 for |
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the faithful performance of the director's duties. |
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(b) The secretary-treasurer of the district shall give bond |
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in the amount of $2,500 for the faithful performance of the |
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secretary-treasurer's duties. |
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Sec. 7812.054. OFFICIAL ACTIONS; QUORUM. (a) The board |
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shall perform official actions by resolution. |
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(b) A majority of the board constitutes a quorum for the |
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transaction of any business of the district. |
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(c) A majority vote of a quorum is sufficient in any |
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official action, including final passage and enactment of a |
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resolution. |
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Sec. 7812.055. BOARD MEETINGS. (a) The board shall hold |
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regular meetings at least once every three months. The dates of |
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regular meetings must be established in the district's bylaws or by |
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resolution. |
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(b) The president or any three directors may call a special |
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meeting as necessary to administer district business. At least |
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five days before the date of a special meeting, the |
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secretary-treasurer shall mail notice of the meeting to the address |
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each director filed with the secretary-treasurer. A director in |
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writing may waive notices of special meetings. |
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Sec. 7812.056. BOARD COMPENSATION FOR ATTENDING MEETINGS. |
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(a) A director is entitled to receive a fee of $20 for attending |
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each board meeting and may not be paid more than $40 for meetings |
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held in one calendar month. |
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(b) In all areas of conflict with Subsection (a) of this |
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section, Section 49.060, Water Code, takes precedence. |
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(c) A director's compensation may be increased as |
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authorized by Section 49.060, Water Code, by resolution adopted by |
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the board in accordance with Subsection (e) of that section. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7812.101. FLOOD CONTROL POWERS AND DUTIES. The |
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district may: |
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(1) exercise a power, right, privilege, or function |
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conferred by general law on a flood control district created under |
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Section 59, Article XVI, Texas Constitution, as applicable to Hays |
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and Travis Counties and essential to the flood control project; |
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(2) devise plans and construct works to lessen and |
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control floods; |
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(3) reclaim land in the district; |
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(4) prevent the deposit of silt in navigable streams; |
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(5) remove natural or artificial obstructions from |
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streams and other watercourses; |
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(6) regulate the flow of surface and floodwaters; |
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(7) provide drainage essential to the flood control |
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project; |
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(8) acquire, by gift, devise, purchase, or |
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condemnation: |
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(A) land; |
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(B) a right or interest in land; or |
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(C) any other character of property needed to |
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carry on the work of flood control; |
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(9) sell, trade, or otherwise dispose of land or other |
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property, or a right in the property, no longer needed for the flood |
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control project or flood control purposes; |
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(10) use the bed and banks of a bayou, river, or stream |
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in the district, subject to the requirements of the Texas |
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Commission on Environmental Quality; |
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(11) authorize its officers, employees, or agents to |
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enter any land in the district to make or examine a survey in |
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connection with a flood control plan or project or for any other |
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authorized purpose; |
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(12) overflow or inundate any public land or public |
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property, and require the relocation of a road or highway, in the |
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manner and to the extent permitted to a district organized under |
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general law under Section 59, Article XVI, Texas Constitution, |
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subject to the requirements of the state agency with jurisdiction |
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over the land or property or the Texas Transportation Commission, |
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as applicable; |
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(13) appoint a flood control manager and any agents or |
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employees of the counties as necessary for flood control purposes, |
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including an engineer and counsel, prescribe their duties, and set |
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the amounts of their bonds and compensation; |
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(14) cooperate or contract with the United States to |
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receive and use money from a grant, loan, or advancement to exercise |
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a power or further a purpose under this chapter; |
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(15) contribute to the United States in connection |
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with any project undertaken by the United States that affects or |
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relates to flood control in Hays or Travis County; |
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(16) cooperate or contract with an agency or political |
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subdivision of this state, including a municipality in Hays or |
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Travis County, in relation to: |
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(A) a survey; |
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(B) the acquisition of land or a right-of-way; or |
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(C) the construction, maintenance, or financing |
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of all or part of a project in connection with any matter within the |
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scope of this chapter; |
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(17) contract with an agency or political subdivision |
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of this state, including a municipality in Hays or Travis County, |
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for the imposition of taxes on behalf of and for the benefit of the |
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district; |
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(18) sue and be sued under the laws of this state; and |
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(19) perform any act necessary or proper to carry out |
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the powers described by this section or Section 7812.102. |
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Sec. 7812.102. CONTRACTS AND WARRANTS. The district may |
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enter into contracts and issue warrants payable from current funds |
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under the applicable provisions of Chapter 252, Local Government |
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Code, that relate to a municipality with a population of less than |
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5,000, to the extent those provisions are not in conflict with this |
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chapter. |
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Sec. 7812.103. EASEMENT OVER AND RELOCATION OF ROADS. The |
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district has a right-of-way and easement over and across a road or |
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highway of this state or a subdivision of this state for the |
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construction or maintenance of a district flood control project, |
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subject to the requirements of the Texas Transportation Commission |
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if the project requires the relocation or bridging of a state |
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highway. |
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Sec. 7812.104. MAINTENANCE OF FEDERAL FLOOD CONTROL |
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PROJECTS. The district is entitled to maintain a flood control |
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project constructed in Hays or Travis County by the United States if |
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the project: |
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(1) extends wholly or partly into the district or is |
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within five miles of the boundaries of the district; and |
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(2) is considered by the board to protect property in |
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the district. |
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Sec. 7812.105. EMINENT DOMAIN. The district may exercise |
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the power of eminent domain inside district boundaries to acquire |
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property or an interest in property of any kind that is necessary or |
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convenient for the district to exercise a right, power, privilege, |
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or function conferred on the district by this chapter. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7812.151. GRANTS AND GIFTS. A district may make or |
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accept from any source grants, gratuities, advances, and loans in |
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any form approved by the board, including any governmental entity, |
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any private or public corporation, and any other person and may make |
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and enter into contracts, agreements, and covenants the board |
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considers appropriate in connection with acceptance of grants, |
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gratuities, advances, and loans. |
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Sec. 7812.152. DEPOSITORY. The board may select one or more |
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depositories. |
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Sec. 7812.153. INVESTMENT OF DISTRICT MONEY. District |
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money may be invested by the board or the board's designee under |
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Subchapter E, Chapter 49, Water Code. |
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Sec. 7812.154. EXPENDITURES. An expenditure of the |
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district must be made by check signed by two directors. |
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SECTION 2. (a) As soon as practicable after the effective |
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date of this Act, the temporary directors of the Onion Creek |
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Watershed Hays and Travis Counties Flood Control District No. 1 |
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shall be appointed as follows: |
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(1) one director appointed by the county judge of |
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Travis County; |
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(2) one director appointed by the Travis County |
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commissioner for the Travis County commissioners precinct in which |
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the largest portion of the district's population is located; |
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(3) one director appointed by the county judge of Hays |
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County; |
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(4) one director appointed by the Hays County |
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commissioner for the Hays County commissioners precinct in which |
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the largest portion of the district's population is located; |
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(5) one director appointed by the state representative |
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who represents the house district in which the largest portion of |
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the district's population is located; and |
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(6) two directors appointed by the state senator who |
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represents the senate district in which the largest portion of the |
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district's population is located. |
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(b) The temporary directors appointed under Subsection (a) |
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of this section shall: |
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(1) serve until directors have been elected at an |
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election called under this section and those directors have |
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qualified for office; and |
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(2) order an election to be held on the uniform |
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election date in November 2019 in the Onion Creek Watershed Hays and |
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Travis Counties Flood Control District No. 1 for the election of |
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directors for the district. |
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(c) The directors elected at the election ordered under |
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Subsection (b) of this section shall draw lots to determine which |
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three directors shall serve two-year terms and which four directors |
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shall serve four-year terms. |
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(d) This section expires January 1, 2020. |
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SECTION 3. (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 relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within 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 4. If this Act does not receive a two-thirds vote of |
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all the members elected to each house, Subchapter C, Chapter 7812, |
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Special District Local Laws Code, as added by Section 1 of this Act, |
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is amended by striking Section 7812.104 and substituting Section |
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7812.104 to read as follows: |
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Sec. 7812.104. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SECTION 5. 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, 2017. |