Texas 2017 - 85th Regular

Texas House Bill HB2851 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R5700 SLB-D
2	2	By: Workman H.B. No. 2851
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Onion Creek Watershed Hays and
8	8	Travis Counties Flood Control District No. 1; granting a limited
9	9	power of eminent domain; providing authority to impose assessments
10	10	and fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle E, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7812 to read as follows:
14	14	CHAPTER 7812. ONION CREEK WATERSHED HAYS AND TRAVIS COUNTIES FLOOD
15	15	CONTROL DISTRICT NO. 1
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7812.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Director" means a member of the board.
20	20	(3) "District" means the Onion Creek Watershed Hays
21	21	and Travis Counties Flood Control District No. 1.
22	22	Sec. 7812.002. NATURE OF DISTRICT. (a) The district is a
23	23	conservation and reclamation district as provided by this chapter.
24	24	(b) The creation of the district is essential to accomplish
25	25	the purposes of Section 59, Article XVI, Texas Constitution.
26	26	Sec. 7812.003. DISTRICT TERRITORY. The district initially
27	27	is composed of the territory described as the Onion Creek Watershed
28	28	using the National Hydrography Dataset and the Watershed Boundary
29	29	Dataset and the remainder of any property any part of which falls
30	30	inside the district on the date this chapter takes effect.
31	31	Sec. 7812.004. ANNEXATION OR EXCLUSION OF LAND. (a) The
32	32	district may annex land to or may exclude land from the district in
33	33	accordance with Subchapter J, Chapter 49, or Subchapter H, Chapter
34	34	54, Water Code.
35	35	(b) The district is not required to hold an exclusion
36	36	hearing.
37	37	Sec. 7812.005. PROVISIONS NOT APPLICABLE. The following
38	38	provisions of Chapter 49, Water Code, do not apply to the district:
39	39	(1) Section 49.104;
40	40	(2) Section 49.1045;
41	41	(3) Section 49.152;
42	42	(4) Section 49.154;
43	43	(5) Section 49.155;
44	44	(6) Section 49.219;
45	45	(7) Section 49.222;
46	46	(8) Section 49.236;
47	47	(9) Section 49.2361;
48	48	(10) Subchapter F;
49	49	(11) Subchapter L; and
50	50	(12) Subchapter N.
51	51	SUBCHAPTER B. BOARD OF DIRECTORS
52	52	Sec. 7812.051. COMPOSITION OF BOARD. The district is
53	53	governed by a board of seven elected directors who serve staggered
54	54	terms.
55	55	Sec. 7812.052. OFFICERS. (a) The board shall elect from
56	56	among its members a president, a vice president, and a
57	57	secretary-treasurer at the first board meeting after each
58	58	directors' election.
59	59	(b) The secretary-treasurer:
60	60	(1) is the custodian of district records; and
61	61	(2) shall attest to all legal documents executed by
62	62	the district.
63	63	Sec. 7812.053. DIRECTOR'S BOND; SECRETARY-TREASURER'S
64	64	BOND. (a) Each director shall give bond in the amount of $1,000 for
65	65	the faithful performance of the director's duties.
66	66	(b) The secretary-treasurer of the district shall give bond
67	67	in the amount of $2,500 for the faithful performance of the
68	68	secretary-treasurer's duties.
69	69	Sec. 7812.054. OFFICIAL ACTIONS; QUORUM. (a) The board
70	70	shall perform official actions by resolution.
71	71	(b) A majority of the board constitutes a quorum for the
72	72	transaction of any business of the district.
73	73	(c) A majority vote of a quorum is sufficient in any
74	74	official action, including final passage and enactment of a
75	75	resolution.
76	76	Sec. 7812.055. BOARD MEETINGS. (a) The board shall hold
77	77	regular meetings at least once every three months. The dates of
78	78	regular meetings must be established in the district's bylaws or by
79	79	resolution.
80	80	(b) The president or any three directors may call a special
81	81	meeting as necessary to administer district business. At least
82	82	five days before the date of a special meeting, the
83	83	secretary-treasurer shall mail notice of the meeting to the address
84	84	each director filed with the secretary-treasurer. A director in
85	85	writing may waive notices of special meetings.
86	86	Sec. 7812.056. BOARD COMPENSATION FOR ATTENDING MEETINGS.
87	87	(a) A director is entitled to receive a fee of $20 for attending
88	88	each board meeting and may not be paid more than $40 for meetings
89	89	held in one calendar month.
90	90	(b) In all areas of conflict with Subsection (a) of this
91	91	section, Section 49.060, Water Code, takes precedence.
92	92	(c) A director's compensation may be increased as
93	93	authorized by Section 49.060, Water Code, by resolution adopted by
94	94	the board in accordance with Subsection (e) of that section.
95	95	SUBCHAPTER C. POWERS AND DUTIES
96	96	Sec. 7812.101. FLOOD CONTROL POWERS AND DUTIES. The
97	97	district may:
98	98	(1) exercise a power, right, privilege, or function
99	99	conferred by general law on a flood control district created under
100	100	Section 59, Article XVI, Texas Constitution, as applicable to Hays
101	101	and Travis Counties and essential to the flood control project;
102	102	(2) devise plans and construct works to lessen and
103	103	control floods;
104	104	(3) reclaim land in the district;
105	105	(4) prevent the deposit of silt in navigable streams;
106	106	(5) remove natural or artificial obstructions from
107	107	streams and other watercourses;
108	108	(6) regulate the flow of surface and floodwaters;
109	109	(7) provide drainage essential to the flood control
110	110	project;
111	111	(8) acquire, by gift, devise, purchase, or
112	112	condemnation:
113	113	(A) land;
114	114	(B) a right or interest in land; or
115	115	(C) any other character of property needed to
116	116	carry on the work of flood control;
117	117	(9) sell, trade, or otherwise dispose of land or other
118	118	property, or a right in the property, no longer needed for the flood
119	119	control project or flood control purposes;
120	120	(10) use the bed and banks of a bayou, river, or stream
121	121	in the district, subject to the requirements of the Texas
122	122	Commission on Environmental Quality;
123	123	(11) authorize its officers, employees, or agents to
124	124	enter any land in the district to make or examine a survey in
125	125	connection with a flood control plan or project or for any other
126	126	authorized purpose;
127	127	(12) overflow or inundate any public land or public
128	128	property, and require the relocation of a road or highway, in the
129	129	manner and to the extent permitted to a district organized under
130	130	general law under Section 59, Article XVI, Texas Constitution,
131	131	subject to the requirements of the state agency with jurisdiction
132	132	over the land or property or the Texas Transportation Commission,
133	133	as applicable;
134	134	(13) appoint a flood control manager and any agents or
135	135	employees of the counties as necessary for flood control purposes,
136	136	including an engineer and counsel, prescribe their duties, and set
137	137	the amounts of their bonds and compensation;
138	138	(14) cooperate or contract with the United States to
139	139	receive and use money from a grant, loan, or advancement to exercise
140	140	a power or further a purpose under this chapter;
141	141	(15) contribute to the United States in connection
142	142	with any project undertaken by the United States that affects or
143	143	relates to flood control in Hays or Travis County;
144	144	(16) cooperate or contract with an agency or political
145	145	subdivision of this state, including a municipality in Hays or
146	146	Travis County, in relation to:
147	147	(A) a survey;
148	148	(B) the acquisition of land or a right-of-way; or
149	149	(C) the construction, maintenance, or financing
150	150	of all or part of a project in connection with any matter within the
151	151	scope of this chapter;
152	152	(17) contract with an agency or political subdivision
153	153	of this state, including a municipality in Hays or Travis County,
154	154	for the imposition of taxes on behalf of and for the benefit of the
155	155	district;
156	156	(18) sue and be sued under the laws of this state; and
157	157	(19) perform any act necessary or proper to carry out
158	158	the powers described by this section or Section 7812.102.
159	159	Sec. 7812.102. CONTRACTS AND WARRANTS. The district may
160	160	enter into contracts and issue warrants payable from current funds
161	161	under the applicable provisions of Chapter 252, Local Government
162	162	Code, that relate to a municipality with a population of less than
163	163	5,000, to the extent those provisions are not in conflict with this
164	164	chapter.
165	165	Sec. 7812.103. EASEMENT OVER AND RELOCATION OF ROADS. The
166	166	district has a right-of-way and easement over and across a road or
167	167	highway of this state or a subdivision of this state for the
168	168	construction or maintenance of a district flood control project,
169	169	subject to the requirements of the Texas Transportation Commission
170	170	if the project requires the relocation or bridging of a state
171	171	highway.
172	172	Sec. 7812.104. MAINTENANCE OF FEDERAL FLOOD CONTROL
173	173	PROJECTS. The district is entitled to maintain a flood control
174	174	project constructed in Hays or Travis County by the United States if
175	175	the project:
176	176	(1) extends wholly or partly into the district or is
177	177	within five miles of the boundaries of the district; and
178	178	(2) is considered by the board to protect property in
179	179	the district.
180	180	Sec. 7812.105. EMINENT DOMAIN. The district may exercise
181	181	the power of eminent domain inside district boundaries to acquire
182	182	property or an interest in property of any kind that is necessary or
183	183	convenient for the district to exercise a right, power, privilege,
184	184	or function conferred on the district by this chapter.
185	185	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
186	186	Sec. 7812.151. GRANTS AND GIFTS. A district may make or
187	187	accept from any source grants, gratuities, advances, and loans in
188	188	any form approved by the board, including any governmental entity,
189	189	any private or public corporation, and any other person and may make
190	190	and enter into contracts, agreements, and covenants the board
191	191	considers appropriate in connection with acceptance of grants,
192	192	gratuities, advances, and loans.
193	193	Sec. 7812.152. DEPOSITORY. The board may select one or more
194	194	depositories.
195	195	Sec. 7812.153. INVESTMENT OF DISTRICT MONEY. District
196	196	money may be invested by the board or the board's designee under
197	197	Subchapter E, Chapter 49, Water Code.
198	198	Sec. 7812.154. EXPENDITURES. An expenditure of the
199	199	district must be made by check signed by two directors.
200	200	SECTION 2. (a) As soon as practicable after the effective
201	201	date of this Act, the temporary directors of the Onion Creek
202	202	Watershed Hays and Travis Counties Flood Control District No. 1
203	203	shall be appointed as follows:
204	204	(1) one director appointed by the county judge of
205	205	Travis County;
206	206	(2) one director appointed by the Travis County
207	207	commissioner for the Travis County commissioners precinct in which
208	208	the largest portion of the district's population is located;
209	209	(3) one director appointed by the county judge of Hays
210	210	County;
211	211	(4) one director appointed by the Hays County
212	212	commissioner for the Hays County commissioners precinct in which
213	213	the largest portion of the district's population is located;
214	214	(5) one director appointed by the state representative
215	215	who represents the house district in which the largest portion of
216	216	the district's population is located; and
217	217	(6) two directors appointed by the state senator who
218	218	represents the senate district in which the largest portion of the
219	219	district's population is located.
220	220	(b) The temporary directors appointed under Subsection (a)
221	221	of this section shall:
222	222	(1) serve until directors have been elected at an
223	223	election called under this section and those directors have
224	224	qualified for office; and
225	225	(2) order an election to be held on the uniform
226	226	election date in November 2019 in the Onion Creek Watershed Hays and
227	227	Travis Counties Flood Control District No. 1 for the election of
228	228	directors for the district.
229	229	(c) The directors elected at the election ordered under
230	230	Subsection (b) of this section shall draw lots to determine which
231	231	three directors shall serve two-year terms and which four directors
232	232	shall serve four-year terms.
233	233	(d) This section expires January 1, 2020.
234	234	SECTION 3. (a) The legal notice of the intention to
235	235	introduce this Act, setting forth the general substance of this
236	236	Act, has been published as provided by law, and the notice and a
237	237	copy of this Act have been furnished to all persons, agencies,
238	238	officials, or entities to which they are required to be furnished
239	239	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
240	240	Government Code.
241	241	(b) The governor, one of the required recipients, has
242	242	submitted the notice and Act to the Texas Commission on
243	243	Environmental Quality.
244	244	(c) The Texas Commission on Environmental Quality has filed
245	245	its recommendations relating to this Act with the governor, the
246	246	lieutenant governor, and the speaker of the house of
247	247	representatives within the required time.
248	248	(d) All requirements of the constitution and laws of this
249	249	state and the rules and procedures of the legislature with respect
250	250	to the notice, introduction, and passage of this Act are fulfilled
251	251	and accomplished.
252	252	SECTION 4. If this Act does not receive a two-thirds vote of
253	253	all the members elected to each house, Subchapter C, Chapter 7812,
254	254	Special District Local Laws Code, as added by Section 1 of this Act,
255	255	is amended by striking Section 7812.104 and substituting Section
256	256	7812.104 to read as follows:
257	257	Sec. 7812.104. NO EMINENT DOMAIN POWER. The district may
258	258	not exercise the power of eminent domain.
259	259	SECTION 5. This Act takes effect immediately if it receives
260	260	a vote of two-thirds of all the members elected to each house, as
261	261	provided by Section 39, Article III, Texas Constitution. If this
262	262	Act does not receive the vote necessary for immediate effect, this
263	263	Act takes effect September 1, 2017.