Texas 2017 - 85th Regular

Texas House Bill HB2213 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R7157 SLB-D
2	2	By: Kacal H.B. No. 2213
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the dissolution of the Falls County Water Control and
8	8	Improvement District No. 1.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. DEFINITIONS. In this Act:
11	11	(1) "City" means the City of Marlin.
12	12	(2) "District" means the Falls County Water Control
13	13	and Improvement District No. 1.
14	14	SECTION 2. LEGISLATIVE FINDINGS. The legislature finds
15	15	that:
16	16	(1) the citizens of the district approved the creation
17	17	of the district for the purpose of developing a flood control
18	18	program;
19	19	(2) the district entered into an agreement with the
20	20	city and other parties to acquire the property rights necessary for
21	21	the construction of three flood retention structures that are
22	22	related to the Brushy Creek reservoir and the district acquired
23	23	those property rights;
24	24	(3) the district and the city expended public funds
25	25	towards the completion of the project in accordance with the terms
26	26	of the agreement between the parties, including approximately $3.5
27	27	million spent by the city on the project as of the effective date of
28	28	this Act;
29	29	(4) the city is relying on the Brushy Creek reservoir
30	30	and the related flood control structures to meet future water
31	31	supply needs;
32	32	(5) the board of the district voted to dissolve the
33	33	district and the citizens of the district confirmed the intent to
34	34	dissolve the district at an election, and the law is unclear on the
35	35	disposition of the district's assets in the event of dissolution;
36	36	(6) the district's primary assets are the easements
37	37	acquired under the terms of the agreement with revenue from
38	38	taxation and those easements are essential to the completion of the
39	39	Brushy Creek reservoir project by the city;
40	40	(7) the Brushy Creek reservoir is included in the 2017
41	41	state water plan as a regional water supply source and should be
42	42	completed;
43	43	(8) the territory of the district will benefit by the
44	44	completion of the reservoir; and
45	45	(9) in the interest of public health and welfare, to
46	46	help ensure an adequate water supply for present and future needs,
47	47	to fulfill the will of the citizens of the district to dissolve the
48	48	district and end the collection of ad valorem taxes, and to secure
49	49	the investment of public funds already incurred for the project,
50	50	all assets and obligations of the district should be transferred to
51	51	the city and the district dissolved.
52	52	SECTION 3. DISSOLUTION OF DISTRICT AND TRANSFER OF ASSETS
53	53	AND OBLIGATIONS. (a) On the effective date of this Act, the
54	54	district is dissolved and has no legal authority to take any action,
55	55	and the transfer of the assets and obligations of the district to
56	56	the city is authorized. The city bears the responsibility of:
57	57	(1) transferring the title of the assets of the
58	58	district to the city; and
59	59	(2) assuming the obligations of the district.
60	60	(b) The county clerk of Falls County, the commissioners
61	61	court of Falls County, and any district court with jurisdiction
62	62	over a matter related to the provisions of this Act shall take
63	63	notice of this Act as an authorization to transfer the title of the
64	64	assets to the city and assume the obligations of the district on
65	65	application or petition by the city.
66	66	SECTION 4. NOTICE. (a) The legal notice of the intention
67	67	to introduce this Act, setting forth the general substance of this
68	68	Act, has been published as provided by law, and the notice and a
69	69	copy of this Act have been furnished to all persons, agencies,
70	70	officials, or entities to which they are required to be furnished
71	71	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
72	72	Government Code.
73	73	(b) The governor, one of the required recipients, has
74	74	submitted the notice and Act to the Texas Commission on
75	75	Environmental Quality.
76	76	(c) The Texas Commission on Environmental Quality has filed
77	77	its recommendations relating to this Act with the governor, the
78	78	lieutenant governor, and the speaker of the house of
79	79	representatives within the required time.
80	80	(d) All requirements of the constitution and laws of this
81	81	state and the rules and procedures of the legislature with respect
82	82	to the notice, introduction, and passage of this Act are fulfilled
83	83	and accomplished.
84	84	SECTION 5. EFFECTIVE DATE. This Act takes effect
85	85	immediately if it receives a vote of two-thirds of all the members
86	86	elected to each house, as provided by Section 39, Article III, Texas
87	87	Constitution. If this Act does not receive the vote necessary for
88	88	immediate effect, this Act takes effect September 1, 2017.