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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers, duties, and governance of the Starr County |
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Drainage District, the change of the name of the Starr County |
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Drainage District to the Starr County Drainage and Groundwater |
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Conservation District, the dissolution of the Starr County |
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Groundwater Conservation District, and the transfer of the assets |
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and liabilities of the Starr County Groundwater Conservation |
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District to the Starr County Drainage and Groundwater Conservation |
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District; authorizing the imposition of a tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 6606, Special District Local Laws Code, |
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is transferred to Subtitle X, Title 6, Special District Local Laws |
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Code, redesignated as Chapter 11022, Special District Local Laws |
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Code, and amended to read as follows: |
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CHAPTER 11022 [6606]. STARR COUNTY DRAINAGE AND GROUNDWATER |
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CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 11022.0101 [6606.001]. DEFINITIONS. In this |
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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 Starr County Drainage and |
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Groundwater Conservation District. |
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Sec. 11022.0102 [6606.002]. NATURE OF DISTRICT. The |
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district is a drainage and groundwater conservation district |
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created in Starr County under Section 59, Article XVI, Texas |
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Constitution[, subject to approval at a confirmation election under |
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Section 6606.102]. |
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Sec. 11022.0103 [6606.003]. FINDINGS OF BENEFIT AND |
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PURPOSE. (a) The district is created to serve a public use and |
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benefit. |
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(b) All land and other property included in the district |
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will benefit from the works and projects that are to be accomplished |
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by the district under powers conferred by Section 59, Article XVI, |
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Texas Constitution. |
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(c) The district is essential to accomplish the purposes of |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 11022.0104 [6606.004]. DISTRICT TERRITORY. The |
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district territory is coextensive with the boundaries of Starr |
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County, Texas. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 11022.0201 [6606.051]. DIRECTORS. [(a)] The district |
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is governed by a board of five directors appointed by the |
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[consisting of the] Commissioners Court of Starr County as follows: |
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(1) one director who is a bona fide agricultural |
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producer for whom a substantial portion of the person's income is |
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derived from conducting agricultural business in the district; |
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(2) one director who is an employee of a rural water |
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supply entity in the district; |
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(3) one director who represents municipal interests in |
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the district; |
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(4) one director who represents active industrial |
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interests in the district; and |
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(5) one director who represents Starr County at large. |
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[(b) Service on the board is an additional duty of office |
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for a member of the Commissioners Court of Starr County.] |
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SUBCHAPTER C. POWERS, [AND] DUTIES, AND FINANCIAL PROVISIONS |
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Sec. 11022.0301 [6606.101]. GENERAL POWERS AND DUTIES. |
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(a) The district has all rights, powers, privileges, functions, |
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and duties provided by the general law of this state applicable to a |
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drainage district created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 36, 49, and 56, Water Code. |
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(b) The district may impose an ad valorem tax as provided by |
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Chapter 49, Water Code. |
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[Sec. 6606.102. CONFIRMATION ELECTION. (a) The board |
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shall hold an election to confirm the creation of the district. |
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[(b) Section 41.001(a), Election Code, does not apply to a |
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confirmation election under this section. |
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[(c) Except as provided by this section, the confirmation |
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election must be conducted as provided by Sections 49.102(a)-(f), |
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Water Code, and the Election Code. |
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[(d) The district is not required to elect directors at the |
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confirmation election.] |
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Sec. 11022.0302 [6606.103]. UTILITY PROPERTY EXEMPTION |
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FROM IMPACT FEES, STANDBY FEES, AND ASSESSMENTS. The district may |
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not impose an impact fee, standby fee, or assessment on the |
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property, including the equipment, rights-of-way, easements, |
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facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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SECTION 2. Sections 8803.103 and 8803.104, Special District |
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Local Laws Code, are transferred to Subchapter C, Chapter 11022, |
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Special District Local Laws Code, as added by this Act, |
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redesignated as Sections 11022.0303 and 11022.0304, Special |
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District Local Laws Code, and amended to read as follows: |
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Sec. 11022.0303 [8803.103]. POWER TO CONTRACT WITH |
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MUNICIPALITIES. The district may enter into a contract with a |
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municipality to assume the functions of the municipality's |
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municipally owned utility. A contract under this section may |
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include provisions for the district's: |
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(1) assumption of the debts, liabilities, and |
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obligations of the municipally owned utility; |
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(2) ownership or use of the assets and facilities of |
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the municipally owned utility; and |
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(3) performance of the functions and services |
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previously provided by the municipally owned utility. |
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Sec. 11022.0304 [8803.104]. RELATION TO OTHER |
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WATER-RELATED ENTITIES. (a) To the extent that a rule of the |
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district conflicts with a rule of the regional water authority, the |
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rule of the authority controls. |
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(b) To the extent that a rule of the district conflicts with |
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an action of a municipally owned utility or water supply or sewer |
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service corporation whose certificated area is located wholly or |
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partly in the district's territory, the action of the utility or |
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corporation controls. |
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(c) Notwithstanding Subsections (a) and (b), to the extent |
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that a rule of the district concerning groundwater conflicts with a |
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rule of the regional water authority or with an action of a |
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municipally owned utility or water supply or sewer service |
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corporation whose certificated area is located wholly or partly in |
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the district's territory, the rule of the district controls. |
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SECTION 3. The following provisions of the Special District |
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Local Laws Code are repealed: |
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(1) Subchapters A, B, and D, Chapter 8803; |
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(2) Sections 8803.101 and 8803.102; |
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(3) the heading to Subchapter C, Chapter 8803; and |
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(4) the heading to Chapter 8803. |
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SECTION 4. (a) On the effective date of this Act: |
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(1) the Starr County Groundwater Conservation |
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District is dissolved; |
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(2) the terms of the directors of the Starr County |
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Groundwater Conservation District expire; |
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(3) any assets and liabilities of the Starr County |
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Groundwater Conservation District are transferred to the Starr |
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County Drainage and Groundwater Conservation District; |
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(4) a contract with any party and the Starr County |
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Groundwater Conservation District is a contract between that party |
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and the Starr County Drainage and Groundwater Conservation |
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District; |
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(5) an employee of the Starr County Groundwater |
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Conservation District is an employee of the Starr County Drainage |
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and Groundwater Conservation District; |
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(6) records of the Starr County Groundwater |
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Conservation District are records of the Starr County Drainage and |
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Groundwater Conservation District; and |
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(7) the Starr County Drainage and Groundwater |
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Conservation District may, in all respects, conduct the affairs of |
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the Starr County Groundwater Conservation District as provided by |
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Subsection (b) of this section. |
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(b) The Starr County Drainage and Groundwater Conservation |
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District shall take any action necessary to close the affairs of the |
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Starr County Groundwater Conservation District, including the |
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filing of any dissolution documents with the Texas Commission on |
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Environmental Quality. |
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SECTION 5. (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 6. 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, 2025. |
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* * * * * |