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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers of the Hidalgo County Drainage District |
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Number 1. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Hidalgo County Drainage District Number 1 is an |
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existing conservation and reclamation district, and body politic, |
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operating pursuant to Article XVI, Section 59, of the Texas |
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Constitution, exercising the rights, powers, privileges and |
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authority granted a drainage district by Chapter 56, Water Code, |
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and all other laws of the State of Texas relating to drainage |
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districts, (all such laws being hereinafter referred to as "General |
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Laws"). All such General Laws are hereby incorporated by this |
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reference to the same effect as if set out in full in this Act. To |
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the extent that the provisions of any such General Laws may be in |
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conflict or inconsistent with the provisions of this Act, the |
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provisions of this Act shall prevail. Without limitation of the |
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generality of the foregoing the District shall be and it is hereby |
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empowered to control, conserve, protect, distribute and utilize the |
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storm and flood waters and unappropriated flow of waters within its |
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boundaries for all useful purposes permitted by law; also to carry |
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out flood prevention measures to prevent or aid in preventing |
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damage to the lands of the District and the soil and fertility |
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thereof, to cooperate with all other districts, departments or |
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agencies of the state government, or departments and agencies of |
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the United States government, and to receive and accept technical |
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and financial assistance therefrom in the accomplishment of said |
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purposes. The said District is further authorized and empowered to |
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purchase, construct, or in any other lawful manner to acquire, |
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provide and develop all works, facilities and improvements |
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necessary or useful in fulfilling the purposes of the District or |
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any of them. |
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SECTION 2. The boundaries of the Hidalgo County Drainage |
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District Number 1 are coterminous with Hidalgo County, Texas. |
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SECTION 3. In addition to the rights, powers, privileges |
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and authority exercised by the Hidalgo County Drainage District |
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Number 1, pursuant to the General Laws, the District is hereby |
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authorized to exercise the powers granted and shall exercise the |
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duties of a water improvement district imposed under Chapter 55, |
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Water Code, for the preservation, conservation, protection, |
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recharge, and prevention of waste and pollution of the waters and |
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natural resources of the state, including for irrigation of the |
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land within its boundaries and the treatment and delivery of water |
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for domestic, power, and commercial purposes. |
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SECTION 4. (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 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, 2023, , except as otherwise provided |
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by this Act. |