| 1 | 1 | | 81R1938 PMO-D |
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| 2 | 2 | | By: Zerwas H.B. No. 1782 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of the Wharton County Drainage District. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle A, Title 6, Special District Local Laws |
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| 10 | 10 | | Code, is amended by adding Chapter 6607 to read as follows: |
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| 11 | 11 | | CHAPTER 6607. WHARTON COUNTY DRAINAGE DISTRICT |
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| 12 | 12 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 13 | 13 | | Sec. 6607.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Board" means the district's board of directors. |
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| 15 | 15 | | (2) "Director" means a member of the board. |
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| 16 | 16 | | (3) "District" means the Wharton County Drainage |
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| 17 | 17 | | District. |
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| 18 | 18 | | Sec. 6607.002. NATURE OF DISTRICT. The district is a |
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| 19 | 19 | | drainage district created in Wharton County under Section 59, |
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| 20 | 20 | | Article XVI, Texas Constitution, subject to approval at a |
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| 21 | 21 | | confirmation election under Section 6607.102. |
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| 22 | 22 | | Sec. 6607.003. FINDINGS OF BENEFIT AND PURPOSE. (a) The |
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| 23 | 23 | | district is created to serve a public use and benefit. |
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| 24 | 24 | | (b) All land and other property included in the district |
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| 25 | 25 | | will benefit from the works and projects that are to be accomplished |
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| 26 | 26 | | by the district under powers conferred by Section 59, Article XVI, |
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| 27 | 27 | | Texas Constitution. |
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| 28 | 28 | | (c) The district is essential to accomplish the purposes of |
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| 29 | 29 | | Section 59, Article XVI, Texas Constitution. |
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| 30 | 30 | | Sec. 6607.004. DISTRICT TERRITORY. The district territory |
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| 31 | 31 | | is coextensive with the boundaries of Wharton County, Texas. |
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| 32 | 32 | | [Sections 6607.005-6607.050 reserved for expansion] |
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| 33 | 33 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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| 34 | 34 | | Sec. 6607.051. DIRECTORS. (a) The district is governed by |
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| 35 | 35 | | a board of five directors consisting of the Commissioners Court of |
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| 36 | 36 | | Wharton County. |
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| 37 | 37 | | (b) Service on the board is an additional duty of office for |
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| 38 | 38 | | a member of the Commissioners Court of Wharton County. |
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| 39 | 39 | | [Sections 6607.052-6607.100 reserved for expansion] |
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| 40 | 40 | | SUBCHAPTER C. POWERS AND DUTIES |
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| 41 | 41 | | Sec. 6607.101. GENERAL POWERS AND DUTIES. The district has |
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| 42 | 42 | | all rights, powers, privileges, functions, and duties provided by |
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| 43 | 43 | | the general law of this state applicable to a drainage district |
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| 44 | 44 | | created under Section 59, Article XVI, Texas Constitution, |
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| 45 | 45 | | including Chapters 49 and 56, Water Code. |
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| 46 | 46 | | Sec. 6607.102. CONFIRMATION ELECTION. (a) The board shall |
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| 47 | 47 | | hold an election to confirm the creation of the district. |
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| 48 | 48 | | (b) Section 41.001(a), Election Code, does not apply to a |
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| 49 | 49 | | confirmation election under this section. |
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| 50 | 50 | | (c) Except as provided by this section, the confirmation |
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| 51 | 51 | | election must be conducted as provided by Sections 49.102(a)-(f), |
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| 52 | 52 | | Water Code, and the Election Code. |
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| 53 | 53 | | (d) The district is not required to elect directors at the |
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| 54 | 54 | | confirmation election. |
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| 55 | 55 | | SECTION 2. (a) The legal notice of the intention to |
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| 56 | 56 | | introduce this Act, setting forth the general substance of this |
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| 57 | 57 | | Act, has been published as provided by law, and the notice and a |
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| 58 | 58 | | copy of this Act have been furnished to all persons, agencies, |
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| 59 | 59 | | officials, or entities to which they are required to be furnished |
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| 60 | 60 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 61 | 61 | | Government Code. |
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| 62 | 62 | | (b) The governor, one of the required recipients, has |
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| 63 | 63 | | submitted the notice and Act to the Texas Commission on |
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| 64 | 64 | | Environmental Quality. |
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| 65 | 65 | | (c) The Texas Commission on Environmental Quality has filed |
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| 66 | 66 | | its recommendations on this Act with the governor, the lieutenant |
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| 67 | 67 | | governor, and the speaker of the house of representatives within |
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| 68 | 68 | | the required time. |
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| 69 | 69 | | (d) All requirements of the constitution and laws of this |
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| 70 | 70 | | state and the rules and procedures of the legislature with respect |
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| 71 | 71 | | to the notice, introduction, and passage of this Act are fulfilled |
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| 72 | 72 | | and accomplished. |
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| 73 | 73 | | SECTION 3. If the creation of the district is not confirmed |
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| 74 | 74 | | at a confirmation election held under Section 1 of this Act before |
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| 75 | 75 | | September 1, 2011, this Act and Chapter 6607, Special District |
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| 76 | 76 | | Local Laws Code, as added by this Act, expire on that date. |
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| 77 | 77 | | SECTION 4. This Act takes effect September 1, 2009. |
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