81R1938 PMO-D
By: Zerwas H.B. No. 388
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Wharton County Drainage District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Special District Local Laws
Code, is amended by adding Chapter 6607 to read as follows:
CHAPTER 6607. WHARTON COUNTY DRAINAGE DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6607.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Wharton County Drainage
District.
Sec. 6607.002. NATURE OF DISTRICT. The district is a
drainage district created in Wharton County under Section 59,
Article XVI, Texas Constitution, subject to approval at a
confirmation election under Section 6607.102.
Sec. 6607.003. FINDINGS OF BENEFIT AND PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects that are to be accomplished
by the district under powers conferred by Section 59, Article XVI,
Texas Constitution.
(c) The district is essential to accomplish the purposes of
Section 59, Article XVI, Texas Constitution.
Sec. 6607.004. DISTRICT TERRITORY. The district territory
is coextensive with the boundaries of Wharton County, Texas.
[Sections 6607.005-6607.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 6607.051. DIRECTORS. (a) The district is governed by
a board of five directors consisting of the Commissioners Court of
Wharton County.
(b) Service on the board is an additional duty of office for
a member of the Commissioners Court of Wharton County.
[Sections 6607.052-6607.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 6607.101. GENERAL POWERS AND DUTIES. The district has
all rights, powers, privileges, functions, and duties provided by
the general law of this state applicable to a drainage district
created under Section 59, Article XVI, Texas Constitution,
including Chapters 49 and 56, Water Code.
Sec. 6607.102. CONFIRMATION ELECTION. (a) The board shall
hold an election to confirm the creation of the district.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation election under this section.
(c) Except as provided by this section, the confirmation
election must be conducted as provided by Sections 49.102(a)-(f),
Water Code, and the Election Code.
(d) The district is not required to elect directors at the
confirmation election.
SECTION 2. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations on this Act with the governor, the lieutenant
governor, and the speaker of the house of representatives within
the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 3. If the creation of the district is not confirmed
at a confirmation election held under Section 1 of this Act before
September 1, 2011, this Act and Chapter 6607, Special District
Local Laws Code, as added by this Act, expire on that date.
SECTION 4. This Act takes effect September 1, 2009.