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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Franklin County Water |
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District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4, Chapter 719, Acts of the 59th |
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Legislature, Regular Session, 1965, is amended to read as follows: |
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Sec. 4. DISTRICT POWERS. The District herein created shall |
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have and possess and is hereby vested with all the rights, powers |
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and privileges conferred by the General Laws of this State now in |
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force and effect or hereafter enacted applicable to water control |
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and improvement districts created under the authority of Article |
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XVI, Section 59, of the Texas Constitution, but to the extent that |
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said General Laws may be inconsistent or in conflict herewith, the |
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provisions of this Act shall prevail. It is further the intention of |
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the Legislature that the District herein created shall have all the |
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power and authority necessary to fully qualify and gain the |
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benefits of any and all laws which are in any wise helpful in |
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carrying out the purposes for which the District is created and the |
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provisions of all such laws of which the District may lawfully avail |
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itself are hereby adopted by this reference and made applicable to |
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the District. |
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Without limiting the generality of the foregoing, the |
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District shall and is hereby empowered to exercise the following |
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powers, privileges and functions: |
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(1) To control, store, preserve and distribute its |
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waters and flood waters, the waters of its rivers and streams, for |
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all useful purposes and to accomplish these ends by all practicable |
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means including the construction, maintenance and operation of all |
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appropriate improvements, plants, works and facilities, the |
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acquisition of water rights and all other properties, lands, |
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tenements, easements and all other rights necessary to the purpose |
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of the organization of the District. |
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(2) To process and store such waters and distribute |
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same for municipal, domestic, irrigation and industrial purposes, |
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subject to the requirements of Chapter 1, Title 128, Revised Civil |
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Statutes of Texas, 1925, as amended. |
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(3) To dispose of property or rights therein when the |
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same are no longer needed for the purposes for which the District is |
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created or to lease same for purposes which will not interfere with |
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the use of the property of the District. |
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(4) To cooperate with and contract with the State of |
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Texas, the United States of America, or with any of their |
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departments or agencies now existing, or which may hereafter be |
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created, to carry out any of the powers or to further any of the |
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purposes of the District and, for such purposes, to receive grants, |
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loans or advancements therefrom. |
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(5) To make or cause to be made surveys and engineering |
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investigations for the information of the District to facilitate |
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the accomplishment of its purposes and to employ a general manager, |
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attorneys, accountants, engineers, financial experts, or other |
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technical or nontechnical employees or assistants; further to fix |
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the amount and manner of their compensation and to provide for the |
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payment of all expenditures deemed essential to the proper |
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operation and maintenance of the District and its affairs. |
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(6) To exercise all functions to permit the |
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accomplishment of its purposes including the acquisition within or |
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without said District of land, easements, and rights-of-way and any |
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other character of property incident to, or necessary in carrying |
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out the purposes and work of the District by way of gift, device, |
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purchase, leasehold or condemnation. The right of eminent domain is |
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hereby expressly conferred on said District and the procedure with |
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reference to condemnation, the assessment of and estimating of |
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damages, payment, appeal, the entering upon the property pending |
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appeal and other procedures prescribed in Title 52 of the Revised |
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Civil Statutes of Texas, 1925, as heretofore or hereafter amended, |
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shall apply to said District. In the event the District, in the |
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exercise of the power of eminent domain or power of relocation, or |
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any other power granted hereunder makes necessary the taking of any |
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property or the relocation, raising, re-routing or changing the |
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grade, or altering the construction of any highway, railroad, |
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electric transmission line, telephone or telegraph properties and |
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facilities, or pipeline, all such necessary taking, relocation, |
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raising, re-routing, changing of grade or alteration of |
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construction shall be accomplished at the expense of the District. |
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It is provided, however, that the expense of the District shall be |
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strictly confined to that amount which is equal to the actual cost |
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of the property taken or work required without enhancement thereof |
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and after deducting the net salvage value which may be derived from |
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any property taken. |
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(7) To design, acquire, construct, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. The |
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district may finance the road project with notes secured by non-tax |
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revenue. A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulations of |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. If a road project is not |
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located in the corporate limits or extraterritorial jurisdiction of |
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a municipality, the road project must meet all applicable |
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construction standards, subdivision requirements, and regulations |
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of each county in which the road project is located. If the state |
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will maintain and operate the road, the Texas Transportation |
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Commission must approve the plans and specifications of the road |
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project. |
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(8) To do any and all other acts or things necessary or |
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proper to carry into effect the purpose for which the District is |
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created and organized. |
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SECTION 2. The Franklin County Water District retains all |
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rights, powers, privileges, authority, duties, and functions that |
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it had before the effective date of this Act. |
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SECTION 3. 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, 2021. |
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