10 | 4 | | AN ACT |
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11 | 5 | | relating to the establishment of stormwater control and recapture |
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12 | 6 | | planning authorities in certain counties. |
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13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 8 | | SECTION 1. Subtitle C, Title 12, Local Government Code, is |
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15 | 9 | | amended by adding Chapter 391A to read as follows: |
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16 | 10 | | CHAPTER 391A. STORMWATER CONTROL AND RECAPTURE PLANNING |
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17 | 11 | | AUTHORITIES IN CERTAIN COUNTIES |
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18 | 12 | | Sec. 391A.001. DEFINITIONS. In this chapter: |
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19 | 13 | | (1) "Affected county" means a county that: |
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20 | 14 | | (A) has a population of 800,000 or more; and |
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21 | 15 | | (B) receives an average annual rainfall of 15 |
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22 | 16 | | inches or less based on the most recent 10-year period according to |
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23 | 17 | | data available from a reliable source, including the United States |
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24 | 18 | | Department of Agriculture Natural Resources Conservation Service |
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25 | 19 | | or the PRISM Climate Group, Oregon State University. |
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26 | 20 | | (2) "Authority" means a commission established under |
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27 | 21 | | this chapter. |
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28 | 22 | | Sec. 391A.002. ESTABLISHMENT. (a) A stormwater control and |
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29 | 23 | | recapture planning authority is established in each affected county |
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30 | 24 | | in this state. |
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31 | 25 | | (b) An authority is a political subdivision of this state. |
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32 | 26 | | Sec. 391A.003. TERRITORY. The territory of an authority |
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33 | 27 | | includes all of the territory in the affected county in which the |
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34 | 28 | | authority is located except any territory within the boundaries or |
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35 | 29 | | extraterritorial jurisdiction of that county's largest |
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36 | 30 | | municipality, provided that the municipality has a plan in place |
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37 | 31 | | for the control of stormwater on the date the authority is |
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38 | 32 | | established. |
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39 | 33 | | Sec. 391A.004. BOARD OF DIRECTORS. The governing body of an |
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40 | 34 | | authority is a board of directors composed of: |
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41 | 35 | | (1) a representative of the county in which the |
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42 | 36 | | authority is located and each municipality within the territory of |
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43 | 37 | | the authority; |
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44 | 38 | | (2) a representative of each water utility within the |
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45 | 39 | | territory of the authority not also described by Subdivision (1); |
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46 | 40 | | (3) a representative of each water district within the |
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47 | 41 | | territory of the authority that has been in operation for at least |
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48 | 42 | | 15 years; and |
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49 | 43 | | (4) each member of the state legislature whose |
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50 | 44 | | legislative district is wholly or partly in the territory of the |
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51 | 45 | | authority. |
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52 | 46 | | Sec. 391A.005. POWERS AND DUTIES. (a) An authority shall: |
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53 | 47 | | (1) coordinate and adopt a long-range master plan to |
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54 | 48 | | facilitate the development and management of integrated stormwater |
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55 | 49 | | control and recapture projects and facilities within the |
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56 | 50 | | authority's territory; |
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57 | 51 | | (2) apply for, accept, and receive gifts, grants, |
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58 | 52 | | loans, and other money available from any source, including the |
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59 | 53 | | state, the federal government, and an entity represented on the |
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60 | 54 | | board of directors under Sections 391A.004(1), (2), and (3), to |
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61 | 55 | | perform its purposes; and |
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62 | 56 | | (3) assist an entity represented on the board of |
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63 | 57 | | directors under Sections 391A.004(1), (2), and (3) in carrying out |
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64 | 58 | | an objective included in the authority's master plan. |
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65 | 59 | | (b) The authority may: |
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66 | 60 | | (1) enter into contracts as necessary to carry out the |
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67 | 61 | | authority's powers and duties; and |
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68 | 62 | | (2) employ staff and consult with and retain experts. |
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69 | 63 | | (c) The authority may not: |
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70 | 64 | | (1) impose a tax or issue bonds; or |
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71 | 65 | | (2) regulate the structures or facilities of an |
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72 | 66 | | electric utility as "electric utility" is defined by Section |
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73 | 67 | | 31.002, Utilities Code. |
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74 | 68 | | Sec. 391A.006. EXPIRATION OF CHAPTER. This chapter expires |
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75 | 69 | | September 1, 2023. |
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76 | 70 | | SECTION 2. This Act takes effect immediately if it receives |
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77 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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78 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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79 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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80 | 74 | | Act takes effect September 1, 2015. |
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