85R7379 GRM-D
By: Muñoz, Jr. H.B. No. 1056
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of certain water districts,
including the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CERTAIN IRRIGATION DISTRICTS. Subtitle D, Title
6, Special District Local Laws Code, is amended by adding Chapters
7505, 7506, and 7509 to read as follows:
CHAPTER 7505. HIDALGO COUNTY IRRIGATION DISTRICT NO. 6
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7505.001. DEFINITION. In this chapter, "district"
means the Hidalgo County Irrigation District No. 6.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7505.051. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain as provided by this section
only if the district submits a letter to the comptroller not later
than December 31, 2017, in accordance with the requirements of
Section 2206.101(b), Government Code, other than the requirement
that the letter be submitted by the date specified by that
subsection.
(b) Notwithstanding the expiration of the district's
authority to exercise the power of eminent domain under Section
2206.101(c), Government Code, the district may exercise the power
of eminent domain as provided by law applicable to the district on
or after the 90th day after the date the district submits a letter
in accordance with Subsection (a).
CHAPTER 7506. HIDALGO COUNTY IRRIGATION DISTRICT NO. 16
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7506.001. DEFINITION. In this chapter, "district"
means the Hidalgo County Irrigation District No. 16.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7506.051. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain as provided by this section
only if the district submits a letter to the comptroller not later
than December 31, 2017, in accordance with the requirements of
Section 2206.101(b), Government Code, other than the requirement
that the letter be submitted by the date specified by that
subsection.
(b) Notwithstanding the expiration of the district's
authority to exercise the power of eminent domain under Section
2206.101(c), Government Code, the district may exercise the power
of eminent domain as provided by law applicable to the district on
or after the 90th day after the date the district submits a letter
in accordance with Subsection (a).
CHAPTER 7509. HIDALGO COUNTY IRRIGATION DISTRICT NO. 5
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7509.001. DEFINITION. In this chapter, "district"
means the Hidalgo County Irrigation District No. 5.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7509.051. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain as provided by this section
only if the district submits a letter to the comptroller not later
than December 31, 2017, in accordance with the requirements of
Section 2206.101(b), Government Code, other than the requirement
that the letter be submitted by the date specified by that
subsection.
(b) Notwithstanding the expiration of the district's
authority to exercise the power of eminent domain under Section
2206.101(c), Government Code, the district may exercise the power
of eminent domain as provided by law applicable to the district on
or after the 90th day after the date the district submits a letter
in accordance with Subsection (a).
SECTION 2. HIDALGO COUNTY MUNICIPAL UTILITY DISTRICT NO. 1.
Subtitle F, Title 6, Special District Local Laws Code, is amended by
adding Chapter 7963 to read as follows:
CHAPTER 7963. HIDALGO COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7963.001. DEFINITION. In this chapter, "district"
means the Hidalgo County Municipal Utility District No. 1.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7963.051. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain as provided by this section
only if the district submits a letter to the comptroller not later
than December 31, 2017, in accordance with the requirements of
Section 2206.101(b), Government Code, other than the requirement
that the letter be submitted by the date specified by that
subsection.
(b) Notwithstanding the expiration of the district's
authority to exercise the power of eminent domain under Section
2206.101(c), Government Code, the district may exercise the power
of eminent domain as provided by law applicable to the district on
or after the 90th day after the date the district submits a letter
in accordance with Subsection (a).
SECTION 3. VALLEY ACRES IRRIGATION DISTRICT. Chapter 261,
Acts of the 52nd Legislature, Regular Session, 1951, is amended by
amending Sections 1, 2, 3, 4, and 6 to read as follows:
Sec. 1. Under [and pursuant to the provisions of] Article
XVI, Section 59, Texas [of the] Constitution, a conservation and
reclamation district within the counties of Hidalgo and Cameron[,]
is [hereby] created [and incorporated], to be known as "Valley
Acres Irrigation District" and ["Valley Acres Water District"
hereinafter] sometimes referred to in this Act as the "district."
["District."] The boundaries of the district [thereof] shall be as
follows:
BEGINNING at the intersection of the West Right-of-Way line
of the Main Canal of the Willacy County Water Control & Improvement
District No. 1, with the South Right-of-Way line of the North
Floodway of the International Boundary & Water Commission;
THENCE Southerly along the West Right-of-Way line of said
Willacy County Water Control and Improvement District No. 1, Main
Canal to Mile 12 of the North Capisallo District of the lands of the
American Rio Grande Land & Irrigation Co.;
THENCE Westerly along said Mile 12, to the east Right-of-Way
line of the West Levee of above stated North Floodway;
THENCE northerly along the east Right-of-Way line of said
West levee of said North Flood Way to Mile 14-1/2 of lands of the
American Rio Grande Land & Irrigation Co.;
THENCE along the Mile 14-1/2 of the North Capisallo District
of lands of American Rio Grande Land & Irrigation Co., Easterly to
the East Right-of-Way line of the East Levee of International
Boundary and Water Commission North Floodway;
THENCE northerly and easterly along the easterly and
southerly Right-of-Way line of said North Floodway to the place of
BEGINNING, except:
(a) All land in the right of way of the International
Boundary and Water Commission acquired for flood levees, containing
133.13 acres, more or less; and
(b) The following described land in the North Capisallo
District of the lands of the American Rio Grande Land and Irrigation
Company:
All of Farm Tract No. 2304, except the S. 5.77 acres being
27.73 acres
The North 8.31 acres of the West 15.92 acres of Farm Tract
No. 2312, being 8.31 acres
All of Farm Tract No. 2340 except that part in the
flood-way-levee of the International Boundary and Water
Commission, being 46.38 acres
All of Farm Tract No. 2346, containing 31.08 acres
All of Farm Tract No. 2347, containing 6.92 acres
The Southwest 3.77 acres of Farm Tract No. 2359,
containing 3.77 acres
Total 124.19 acres
The above lands described in Paragraph (b) hereof being more
Particularly described in that certain deed dated September 25,
1950 and recorded in Volume 699, page 295, of the Deed Records of
Hidalgo County, Texas.
Total of lands to be excepted under Paragraphs (a)
and (b) 257.32 acres
Leaving a total acreage within the above boundary in said
Conservation and Reclamation District of 10,202.58 acres, more or
less.
Sec. 2. (a) The district has [District shall have and
exercise, and is hereby vested with all of] the rights, powers,
privileges, and duties provided [conferred and imposed] by the
general law [laws] of this state, including Chapter 58, Water Code
[State now in force or hereafter enacted], applicable to irrigation
districts [Water Control and Improvement Districts] created under
[authority of] Section 59, Article XVI, Texas [of the]
Constitution.
(b) This Act prevails over any provision of [, but to the
extent that the provisions of any such] general law that is [laws
may be] in conflict or inconsistent with [the provisions of] this
Act [the provisions of this Act shall prevail. All such general
laws are hereby incorporated by reference with the same effect as if
incorporated in full in this Act].
Sec. 3. The district [management and control of the
District] is governed by [hereby vested in] a board of directors
[which shall have all of the powers and authority conferred and
imposed upon Board of Directors of Water Control and Improvement
Districts organized under the provisions of Chapter 51, Water Code.
The Board of Directors shall be] composed of five [(5)] members who
shall qualify to serve as directors in the same manner as elected
directors qualify under Chapter 58 [Chapter 51], Water Code. [In
the event, and to the extent that any of the provisions of the
general laws referred to in this Section are in conflict with or
inconsistent with any of the provisions of this Act relating to the
powers, authority and duties of the Board of Directors and its
members, the provisions of this Act shall prevail.] The
commissioners of the Texas Commission on Environmental Quality
[Water Commission] shall appoint the members of the board of
directors [Board of Directors] to staggered four-year terms. The
commissioners of the Texas Commission on Environmental Quality
[Water Commission] shall appoint an individual to fill any vacancy
on the board of directors [Board of Directors].
Sec. 4. Bonds may be issued by the district [District]
pursuant to a resolution [or resolutions] adopted by the board of
directors, when the proposition authorizing the bonds shall have
first been submitted to the property taxpaying voters of the
district [such District] and adopted by not less than a majority of
the [such] qualified voters voting at the [such] election. The
district [District] may issue bonds [thus] authorized for any and
all purposes permitted to irrigation districts [Water Control and
Improvement Districts, including, but without limitation of
purposes not specified, the following:
[(a) The improvement of rivers, creeks, and streams to
prevent overflows, and to permit of navigation thereof or of
irrigation thereof, or in aid of such purposes.
[(b) The construction and maintenance of pools, lakes,
reservoirs, dams, canals and waterways for the purpose of
irrigation, drainage or navigation or in aid thereof].
Bonds [Such bonds] may be issued to mature serially or
otherwise as may be determined by the board of directors, the
maximum maturity date not to exceed 40 [forty (40)] years, and may
be sold at a price and under terms determined by the board of
directors to be the most advantageous reasonably obtainable,
provided that the interest cost to the district, calculated by use
of standard bond interest tables currently in use by insurance
companies and investment houses does not exceed six percent [per
cent (6%)] per annum. Interest to accrue on the bonds for a period
not to exceed three [(3)] years from their date, may be appropriated
and paid from the proceeds from the sale of the bonds.
No bonds shall be issued by the district [District] until the
record supporting the [such] bonds and the bonds shall first have
been approved by the attorney general [Attorney General]. Bonds
thus approved shall be registered in the office of the comptroller
of public accounts [Comptroller of Public Accounts]. Bonds thus
approved by the attorney general [Attorney General] after sale by
the district [District] shall be fully negotiable instruments and
shall be incontestable.
The bonds of the district [District] may be refunded, without
the necessity of an election, either by the issuance and delivery to
holders of refunding bonds in lieu of the outstanding bonds, or
through the sale of refunding bonds and the use of the proceeds for
retiring the outstanding bonds, provided that the average annual
interest rate of the refunding bonds, calculated to maturity shall
not be greater than the average interest rate of the bonds refunded,
calculated to maturity, and provided the maximum maturity of the
refunding bonds shall not exceed 40 [forty (40)] years.
The resolution [or resolutions] authorizing the issuance of
the bonds may contain [such] covenants which in the discretion of
the board of directors [Board of Directors] are necessary to assure
the creation and maintenance of proper reserves and the payment of
the principal of and interest on the bonds. Provisions of the law
pertaining to the issuance of bonds by irrigation districts [Water
Control and Improvement Districts] when not in conflict with the
provisions of this Act shall apply [be applicable].
Sec. 6. (a) The district [District] shall have authority to
acquire all property real and personal inside [within] or outside
of the district [District] which in [within] the discretion of the
board of directors [Board of Directors] is needed in accomplishing
the objectives of the district. To [District and to] facilitate the
acquisition of property, the district [it] shall have all of the
powers of eminent domain available to irrigation [water control and
improvement] districts under the general law.
(b) The district may exercise the power of eminent domain as
provided by this section only if the district submits a letter to
the comptroller not later than December 31, 2017, in accordance
with the requirements of Section 2206.101(b), Government Code,
other than the requirement that the letter be submitted by the date
specified by that subsection.
(c) Notwithstanding the expiration of the district's
authority to exercise the power of eminent domain under Section
2206.101(c), Government Code, the district may exercise the power
of eminent domain as provided by law applicable to the district on
or after the 90th day after the date the district submits a letter
in accordance with Subsection (b).
SECTION 4. EFFECTIVE DATE. As provided by Section 17(c),
Article I, Texas Constitution, this Act takes effect only on a
two-thirds vote of all the members elected to each house. If this
Act receives the vote necessary to take effect, this Act takes
effect September 1, 2017.