Texas 2009 - 81st Regular

Texas House Bill HB1178 Compare Versions

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1	1	H.B. No. 1178
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Starr County Drainage District.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subtitle A, Title 6, Special District Local Laws
8	8	Code, is amended by adding Chapter 6606 to read as follows:
9	9	CHAPTER 6606. STARR COUNTY DRAINAGE DISTRICT
10	10	SUBCHAPTER A. GENERAL PROVISIONS
11	11	Sec. 6606.001. DEFINITIONS. In this chapter:
12	12	(1) "Board" means the district's board of directors.
13	13	(2) "Director" means a member of the board.
14	14	(3) "District" means the Starr County Drainage
15	15	District.
16	16	Sec. 6606.002. NATURE OF DISTRICT. The district is a
17	17	drainage district created in Starr County under Section 59, Article
18	18	XVI, Texas Constitution, subject to approval at a confirmation
19	19	election under Section 6606.102.
20	20	Sec. 6606.003. FINDINGS OF BENEFIT AND PURPOSE. (a) The
21	21	district is created to serve a public use and benefit.
22	22	(b) All land and other property included in the district
23	23	will benefit from the works and projects that are to be accomplished
24	24	by the district under powers conferred by Section 59, Article XVI,
25	25	Texas Constitution.
26	26	(c) The district is essential to accomplish the purposes of
27	27	Section 59, Article XVI, Texas Constitution.
28	28	Sec. 6606.004. DISTRICT TERRITORY. The district territory
29	29	is coextensive with the boundaries of Starr County, Texas.
30	30	[Sections 6606.005-6606.050 reserved for expansion]
31	31	SUBCHAPTER B. BOARD OF DIRECTORS
32	32	Sec. 6606.051. DIRECTORS. (a) The district is governed by
33	33	a board of five directors consisting of the Commissioners Court of
34	34	Starr County.
35	35	(b) Service on the board is an additional duty of office for
36	36	a member of the Commissioners Court of Starr County.
37	37	[Sections 6606.052-6606.100 reserved for expansion]
38	38	SUBCHAPTER C. POWERS AND DUTIES
39	39	Sec. 6606.101. GENERAL POWERS AND DUTIES. The district has
40	40	all rights, powers, privileges, functions, and duties provided by
41	41	the general law of this state applicable to a drainage district
42	42	created under Section 59, Article XVI, Texas Constitution,
43	43	including Chapters 49 and 56, Water Code.
44	44	Sec. 6606.102. CONFIRMATION ELECTION. (a) The board shall
45	45	hold an election to confirm the creation of the district.
46	46	(b) Section 41.001(a), Election Code, does not apply to a
47	47	confirmation election under this section.
48	48	(c) Except as provided by this section, the confirmation
49	49	election must be conducted as provided by Sections 49.102(a)-(f),
50	50	Water Code, and the Election Code.
51	51	(d) The district is not required to elect directors at the
52	52	confirmation election.
53	53	Sec. 6606.103. UTILITY PROPERTY EXEMPTION FROM IMPACT FEES,
54	54	STANDBY FEES, AND ASSESSMENTS. The district may not impose an
55	55	impact fee, standby fee, or assessment on the property, including
56	56	the equipment, rights-of-way, easements, facilities, or
57	57	improvements, of:
58	58	(1) an electric utility or a power generation company
59	59	as defined by Section 31.002, Utilities Code;
60	60	(2) a gas utility as defined by Section 101.003 or
61	61	121.001, Utilities Code;
62	62	(3) a telecommunications provider as defined by
63	63	Section 51.002, Utilities Code; or
64	64	(4) a person who provides to the public cable
65	65	television or advanced telecommunications services.
66	66	SECTION 2. (a) The legal notice of the intention to
67	67	introduce this Act, setting forth the general substance of this
68	68	Act, has been published as provided by law, and the notice and a
69	69	copy of this Act have been furnished to all persons, agencies,
70	70	officials, or entities to which they are required to be furnished
71	71	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
72	72	Government Code.
73	73	(b) The governor, one of the required recipients, has
74	74	submitted the notice and Act to the Texas Commission on
75	75	Environmental Quality.
76	76	(c) The Texas Commission on Environmental Quality has filed
77	77	its recommendations on this Act with the governor, the lieutenant
78	78	governor, and the speaker of the house of representatives within
79	79	the required time.
80	80	(d) All requirements of the constitution and laws of this
81	81	state and the rules and procedures of the legislature with respect
82	82	to the notice, introduction, and passage of this Act are fulfilled
83	83	and accomplished.
84	84	SECTION 3. If the creation of the district is not confirmed
85	85	at a confirmation election held under Section 1 of this Act before
86	86	September 1, 2011, this Act and Chapter 6606, Special District
87	87	Local Laws Code, as added by this Act, expire on that date.
88	88	SECTION 4. This Act takes effect September 1, 2009.
89	89	______________________________ ______________________________
90	90	President of the Senate Speaker of the House
91	91	I certify that H.B. No. 1178 was passed by the House on April
92	92	9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not
93	93	voting.
94	94	______________________________
95	95	Chief Clerk of the House
96	96	I certify that H.B. No. 1178 was passed by the Senate on May
97	97	21, 2009, by the following vote: Yeas 31, Nays 0.
98	98	______________________________
99	99	Secretary of the Senate
100	100	APPROVED: _____________________
101	101	Date
102	102	_____________________
103	103	Governor