|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the Southwest Travis County Special |
|
Utility District; providing authority to issue bonds; granting a |
|
limited power of eminent domain; providing authority to impose fees |
|
and assessments. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle C, Title 6, Special District Local Laws |
|
Code, is amended by adding Chapter 7221 to read as follows: |
|
CHAPTER 7221. SOUTHWEST TRAVIS COUNTY SPECIAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7221.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commissioners court" means the Travis County |
|
Commissioners Court. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Southwest Travis County |
|
Special Utility District. |
|
Sec. 7221.002. NATURE OF DISTRICT. The district is a |
|
special utility district in Travis County created under and |
|
essential to accomplish the purposes of Section 59, Article XVI, |
|
Texas Constitution. The district is created to serve a public use |
|
and benefit. |
|
Sec. 7221.003. CONFIRMATION ELECTION REQUIRED. If the |
|
creation of the district is not confirmed at a confirmation and |
|
initial directors' election held before September 1, 2019: |
|
(1) the district is dissolved on September 1, 2019, |
|
except that the district shall: |
|
(A) pay any debts incurred; |
|
(B) transfer to Travis County any assets of the |
|
district that remain after the payment of debts; and |
|
(C) maintain the organization of the district |
|
until all debts are paid and remaining assets are transferred; and |
|
(2) this chapter expires September 1, 2022. |
|
Sec. 7221.004. APPLICABILITY OF OTHER LAW. Except as |
|
otherwise provided by this chapter, Chapters 49 and 65, Water Code, |
|
apply to the district. |
|
Sec. 7221.005. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2 of the Act creating this chapter. |
|
(b) The boundaries and field notes contained in Section 2 of |
|
the Act creating this chapter form a closure. A mistake made in the |
|
field notes or in copying the field notes in the legislative process |
|
does not affect: |
|
(1) the organization, existence, or validity of the |
|
district; |
|
(2) the right of the district to issue any type of |
|
bond, including a refunding bond, for a purpose for which the |
|
district is created or to pay the principal of and interest on a |
|
bond; or |
|
(3) the legality or operation of the district or the |
|
board of directors of the district. |
|
SUBCHAPTER A-1. TEMPORARY PROVISIONS |
|
Sec. 7221.021. APPOINTMENT OF TEMPORARY DIRECTORS; |
|
VACANCIES; TERMS. (a) As soon as practicable after the effective |
|
date of the Act enacting this chapter, seven persons who reside in |
|
the district shall be appointed as temporary directors as follows: |
|
(1) the county judge of Travis County shall appoint |
|
one temporary director; |
|
(2) the county commissioner for the county |
|
commissioners precinct in which the district is principally located |
|
shall appoint two temporary directors; |
|
(3) the state representative who represents the house |
|
district in which the district is principally located shall appoint |
|
two temporary directors; and |
|
(4) the state senator who represents the senate |
|
district in which the district is principally located shall appoint |
|
two temporary directors. |
|
(b) Each temporary director shall qualify for office as |
|
provided by Section 49.055, Water Code. |
|
(c) If a temporary director fails to qualify for office, the |
|
temporary directors who have qualified shall appoint a person to |
|
fill the vacancy. |
|
(d) If at any time there are fewer than four qualified |
|
temporary directors, the Texas Commission on Environmental Quality |
|
shall appoint the necessary number of directors to fill all |
|
vacancies on the board. |
|
(e) Temporary directors serve until the earlier of: |
|
(1) the date initial directors are elected under |
|
Section 7221.022; or |
|
(2) the date this chapter expires under Section |
|
7221.003. |
|
(f) As soon as practicable after all the temporary directors |
|
have qualified under Section 49.055, Water Code, the temporary |
|
directors shall convene the organizational meeting of the district |
|
and elect officers from among the temporary directors. |
|
Sec. 7221.022. CONFIRMATION AND INITIAL DIRECTORS' |
|
ELECTION. (a) Before September 1, 2019, the temporary directors |
|
shall hold an election to confirm the creation of the district and |
|
to elect seven initial directors in accordance with Chapters 49 and |
|
65, Water Code. |
|
(b) The temporary board of directors shall determine the |
|
method for determining the initial term of each person on the |
|
initial board of directors. The terms must be clearly stated on the |
|
ballot for the confirmation and directors' election. |
|
(c) Section 41.001(a), Election Code, does not apply to a |
|
confirmation and directors' election held as provided by this |
|
section. |
|
(d) The initial directors shall continue to serve until the |
|
district directors elected at the first regularly scheduled |
|
election of directors under Section 7221.052 qualify for office. |
|
Sec. 7221.023. EXPIRATION OF SUBCHAPTER. This subchapter |
|
expires September 1, 2022. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7221.051. DIRECTORS. (a) The district shall be |
|
governed by a board of seven directors, elected in accordance with |
|
Section 65.103, Water Code. |
|
(b) The directors of the district serve staggered |
|
three-year terms. |
|
Sec. 7221.052. ELECTION OF DIRECTORS. After the district |
|
is confirmed under Section 7221.022, the district shall hold an |
|
election on the uniform election date in November of each year to |
|
elect the appropriate number of directors. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7221.101. GENERAL POWERS. Except as otherwise |
|
provided by this chapter, the district has all of the rights, |
|
powers, privileges, authority, functions, and duties provided by |
|
the general law of this state, including Chapters 49 and 65, Water |
|
Code, applicable to special utility districts created under Section |
|
59, Article XVI, Texas Constitution. |
|
Sec. 7221.102. EMINENT DOMAIN. (a) Except as provided by |
|
Subsection (b), the district has all the power and authority of a |
|
special utility district under Chapters 49 and 65, Water Code, to |
|
acquire by condemnation any land, easement, or other property |
|
located inside or outside the boundaries of the district for any |
|
water-related district project or purpose. |
|
(b) The district may not exercise the power of eminent |
|
domain to condemn land, easements, or other property located |
|
outside the boundaries of the district for sanitary sewer purposes. |
|
SUBCHAPTER D. DISSOLUTION |
|
Sec. 7221.151. DISSOLUTION HEARING AND BOARD VOTE TO |
|
DISSOLVE. The board may vote to dissolve the district and transfer |
|
the district's assets, obligations, and responsibility for the |
|
provision of services to a water control and improvement district |
|
if the board concludes after a public hearing held on the issue |
|
that: |
|
(1) it is in the best interest of the district's |
|
residents and of the persons served by the district for the district |
|
to dissolve; and |
|
(2) it is feasible to transfer the district's assets, |
|
obligations, and responsibility for the provision of services to |
|
another entity as provided by Section 7221.152. |
|
Sec. 7221.152. TRANSFER OF ASSETS, OBLIGATIONS, AND |
|
PROVISION OF SERVICES. (a) The board after voting in favor of |
|
dissolution shall: |
|
(1) transfer the district's assets and obligations to |
|
a water control and improvement district; and |
|
(2) administer the property, assets, and debts of the |
|
district until all money has been disposed of and all district debts |
|
have been paid or settled. |
|
(b) The board shall make arrangements for the uninterrupted |
|
provision of services that were provided by the district at the time |
|
the board voted in favor of dissolution. |
|
Sec. 7221.153. REPORT; DISSOLUTION ORDER. (a) After the |
|
district has transferred all of the district's assets and |
|
obligations and arranged for the continued provision of services |
|
previously provided by the district, the board shall file a written |
|
report with the Texas Commission on Environmental Quality |
|
summarizing the board's actions in dissolving the district. |
|
(b) Not later than the 10th day after the date the Texas |
|
Commission on Environmental Quality receives the report and |
|
determines that the requirements of this subchapter have been |
|
fulfilled, the commission shall enter an order dissolving the |
|
district. |
|
SECTION 2. The Southwest Travis County Special Utility |
|
District initially includes all the territory contained in the |
|
following area, except that the district does not include territory |
|
located in the service area of a utility that has been granted a |
|
certificate of convenience and necessity to provide water, in the |
|
boundaries of a municipality or the extraterritorial jurisdiction |
|
of a municipality, or in a municipal utility district, special |
|
utility district, or water control and improvement district in |
|
existence on the effective date of this Act: |
|
THE TERRITORY OF THE SOUTHWEST TRAVIS COUNTY PORTION OF THE |
|
HILL COUNTRY PRIORITY GROUNDWATER MANAGEMENT AREA - AS DESCRIBED BY |
|
2010 TCEQ REPORT; "The southwestern Travis territory is located in |
|
the southwestern quarter of Travis County. The southwestern Travis |
|
territory is bound to the west by Blanco and Burnet counties, |
|
southwest by Hays County, and southeast by the northwestern |
|
boundary of the Barton Springs/Edwards Aquifer Conservation |
|
District (BS/EACD). The northern boundary of the southwestern |
|
Travis territory is the Colorado River (Lake Travis, Lake Austin, |
|
and Lady Bird Lake)." |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) Section 7221.102, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 7221, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 7221.102 to read as follows: |
|
Sec. 7221.102. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |