By: González (Senate Sponsor - RodrĂguez) H.B. No. 995
(In the Senate - Received from the House May 4, 2015;
May 6, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 13, 2015, reported favorably by
the following vote: Yeas 6, Nays 0; May 13, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of stormwater control and recapture
planning authorities in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 12, Local Government Code, is
amended by adding Chapter 391A to read as follows:
CHAPTER 391A. STORMWATER CONTROL AND RECAPTURE PLANNING
AUTHORITIES IN CERTAIN COUNTIES
Sec. 391A.001. DEFINITIONS. In this chapter:
(1) "Affected county" means a county that:
(A) has a population of 800,000 or more; and
(B) receives an average annual rainfall of 15
inches or less based on the most recent 10-year period according to
data available from a reliable source, including the United States
Department of Agriculture Natural Resources Conservation Service
or the PRISM Climate Group, Oregon State University.
(2) "Authority" means a commission established under
this chapter.
Sec. 391A.002. ESTABLISHMENT. (a) A stormwater control and
recapture planning authority is established in each affected county
in this state.
(b) An authority is a political subdivision of this state.
Sec. 391A.003. TERRITORY. The territory of an authority
includes all of the territory in the affected county in which the
authority is located except any territory within the boundaries or
extraterritorial jurisdiction of that county's largest
municipality, provided that the municipality has a plan in place
for the control of stormwater on the date the authority is
established.
Sec. 391A.004. BOARD OF DIRECTORS. The governing body of an
authority is a board of directors composed of:
(1) a representative of the county in which the
authority is located and each municipality within the territory of
the authority;
(2) a representative of each water utility within the
territory of the authority not also described by Subdivision (1);
(3) a representative of each water district within the
territory of the authority that has been in operation for at least
15 years; and
(4) each member of the state legislature whose
legislative district is wholly or partly in the territory of the
authority.
Sec. 391A.005. POWERS AND DUTIES. (a) An authority shall:
(1) coordinate and adopt a long-range master plan to
facilitate the development and management of integrated stormwater
control and recapture projects and facilities within the
authority's territory;
(2) apply for, accept, and receive gifts, grants,
loans, and other money available from any source, including the
state, the federal government, and an entity represented on the
board of directors under Sections 391A.004(1), (2), and (3), to
perform its purposes; and
(3) assist an entity represented on the board of
directors under Sections 391A.004(1), (2), and (3) in carrying out
an objective included in the authority's master plan.
(b) The authority may:
(1) enter into contracts as necessary to carry out the
authority's powers and duties; and
(2) employ staff and consult with and retain experts.
(c) The authority may not:
(1) impose a tax or issue bonds; or
(2) regulate the structures or facilities of an
electric utility as "electric utility" is defined by Section
31.002, Utilities Code.
Sec. 391A.006. EXPIRATION OF CHAPTER. This chapter expires
September 1, 2023.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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