Texas 2017 - 85th Regular

Texas House Bill HB4327 Compare Versions

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

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1	1	85R17870 GRM-F
2	2	By: Workman H.B. No. 4327
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Southwest Travis County Special
8	8	Utility District; providing authority to issue bonds; granting a
9	9	limited power of eminent domain; providing authority to impose fees
10	10	and assessments.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7221 to read as follows:
14	14	CHAPTER 7221. SOUTHWEST TRAVIS COUNTY SPECIAL UTILITY DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7221.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commissioners court" means the Travis County
19	19	Commissioners Court.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Southwest Travis County
22	22	Special Utility District.
23	23	Sec. 7221.002. NATURE OF DISTRICT. The district is a
24	24	special utility district in Travis County created under and
25	25	essential to accomplish the purposes of Section 59, Article XVI,
26	26	Texas Constitution. The district is created to serve a public use
27	27	and benefit.
28	28	Sec. 7221.003. CONFIRMATION ELECTION REQUIRED. If the
29	29	creation of the district is not confirmed at a confirmation and
30	30	initial directors' election held before September 1, 2019:
31	31	(1) the district is dissolved on September 1, 2019,
32	32	except that the district shall:
33	33	(A) pay any debts incurred;
34	34	(B) transfer to Travis County any assets of the
35	35	district that remain after the payment of debts; and
36	36	(C) maintain the organization of the district
37	37	until all debts are paid and remaining assets are transferred; and
38	38	(2) this chapter expires September 1, 2022.
39	39	Sec. 7221.004. APPLICABILITY OF OTHER LAW. Except as
40	40	otherwise provided by this chapter, Chapters 49 and 65, Water Code,
41	41	apply to the district.
42	42	Sec. 7221.005. INITIAL DISTRICT TERRITORY. (a) The
43	43	district is initially composed of the territory described by
44	44	Section 2 of the Act creating this chapter.
45	45	(b) The boundaries and field notes contained in Section 2 of
46	46	the Act creating this chapter form a closure. A mistake made in the
47	47	field notes or in copying the field notes in the legislative process
48	48	does not affect:
49	49	(1) the organization, existence, or validity of the
50	50	district;
51	51	(2) the right of the district to issue any type of
52	52	bond, including a refunding bond, for a purpose for which the
53	53	district is created or to pay the principal of and interest on a
54	54	bond; or
55	55	(3) the legality or operation of the district or the
56	56	board of directors of the district.
57	57	SUBCHAPTER A-1. TEMPORARY PROVISIONS
58	58	Sec. 7221.021. APPOINTMENT OF TEMPORARY DIRECTORS;
59	59	VACANCIES; TERMS. (a) As soon as practicable after the effective
60	60	date of the Act enacting this chapter, seven persons who reside in
61	61	the district shall be appointed as temporary directors as follows:
62	62	(1) the county judge of Travis County shall appoint
63	63	one temporary director;
64	64	(2) the county commissioner for the county
65	65	commissioners precinct in which the district is principally located
66	66	shall appoint two temporary directors;
67	67	(3) the state representative who represents the house
68	68	district in which the district is principally located shall appoint
69	69	two temporary directors; and
70	70	(4) the state senator who represents the senate
71	71	district in which the district is principally located shall appoint
72	72	two temporary directors.
73	73	(b) Each temporary director shall qualify for office as
74	74	provided by Section 49.055, Water Code.
75	75	(c) If a temporary director fails to qualify for office, the
76	76	temporary directors who have qualified shall appoint a person to
77	77	fill the vacancy.
78	78	(d) If at any time there are fewer than four qualified
79	79	temporary directors, the Texas Commission on Environmental Quality
80	80	shall appoint the necessary number of directors to fill all
81	81	vacancies on the board.
82	82	(e) Temporary directors serve until the earlier of:
83	83	(1) the date initial directors are elected under
84	84	Section 7221.022; or
85	85	(2) the date this chapter expires under Section
86	86	7221.003.
87	87	(f) As soon as practicable after all the temporary directors
88	88	have qualified under Section 49.055, Water Code, the temporary
89	89	directors shall convene the organizational meeting of the district
90	90	and elect officers from among the temporary directors.
91	91	Sec. 7221.022. CONFIRMATION AND INITIAL DIRECTORS'
92	92	ELECTION. (a) Before September 1, 2019, the temporary directors
93	93	shall hold an election to confirm the creation of the district and
94	94	to elect seven initial directors in accordance with Chapters 49 and
95	95	65, Water Code.
96	96	(b) The temporary board of directors shall determine the
97	97	method for determining the initial term of each person on the
98	98	initial board of directors. The terms must be clearly stated on the
99	99	ballot for the confirmation and directors' election.
100	100	(c) Section 41.001(a), Election Code, does not apply to a
101	101	confirmation and directors' election held as provided by this
102	102	section.
103	103	(d) The initial directors shall continue to serve until the
104	104	district directors elected at the first regularly scheduled
105	105	election of directors under Section 7221.052 qualify for office.
106	106	Sec. 7221.023. EXPIRATION OF SUBCHAPTER. This subchapter
107	107	expires September 1, 2022.
108	108	SUBCHAPTER B. BOARD OF DIRECTORS
109	109	Sec. 7221.051. DIRECTORS. (a) The district shall be
110	110	governed by a board of seven directors, elected in accordance with
111	111	Section 65.103, Water Code.
112	112	(b) The directors of the district serve staggered
113	113	three-year terms.
114	114	Sec. 7221.052. ELECTION OF DIRECTORS. After the district
115	115	is confirmed under Section 7221.022, the district shall hold an
116	116	election on the uniform election date in November of each year to
117	117	elect the appropriate number of directors.
118	118	SUBCHAPTER C. POWERS AND DUTIES
119	119	Sec. 7221.101. GENERAL POWERS. Except as otherwise
120	120	provided by this chapter, the district has all of the rights,
121	121	powers, privileges, authority, functions, and duties provided by
122	122	the general law of this state, including Chapters 49 and 65, Water
123	123	Code, applicable to special utility districts created under Section
124	124	59, Article XVI, Texas Constitution.
125	125	Sec. 7221.102. EMINENT DOMAIN. (a) Except as provided by
126	126	Subsection (b), the district has all the power and authority of a
127	127	special utility district under Chapters 49 and 65, Water Code, to
128	128	acquire by condemnation any land, easement, or other property
129	129	located inside or outside the boundaries of the district for any
130	130	water-related district project or purpose.
131	131	(b) The district may not exercise the power of eminent
132	132	domain to condemn land, easements, or other property located
133	133	outside the boundaries of the district for sanitary sewer purposes.
134	134	SUBCHAPTER D. DISSOLUTION
135	135	Sec. 7221.151. DISSOLUTION HEARING AND BOARD VOTE TO
136	136	DISSOLVE. The board may vote to dissolve the district and transfer
137	137	the district's assets, obligations, and responsibility for the
138	138	provision of services to a water control and improvement district
139	139	if the board concludes after a public hearing held on the issue
140	140	that:
141	141	(1) it is in the best interest of the district's
142	142	residents and of the persons served by the district for the district
143	143	to dissolve; and
144	144	(2) it is feasible to transfer the district's assets,
145	145	obligations, and responsibility for the provision of services to
146	146	another entity as provided by Section 7221.152.
147	147	Sec. 7221.152. TRANSFER OF ASSETS, OBLIGATIONS, AND
148	148	PROVISION OF SERVICES. (a) The board after voting in favor of
149	149	dissolution shall:
150	150	(1) transfer the district's assets and obligations to
151	151	a water control and improvement district; and
152	152	(2) administer the property, assets, and debts of the
153	153	district until all money has been disposed of and all district debts
154	154	have been paid or settled.
155	155	(b) The board shall make arrangements for the uninterrupted
156	156	provision of services that were provided by the district at the time
157	157	the board voted in favor of dissolution.
158	158	Sec. 7221.153. REPORT; DISSOLUTION ORDER. (a) After the
159	159	district has transferred all of the district's assets and
160	160	obligations and arranged for the continued provision of services
161	161	previously provided by the district, the board shall file a written
162	162	report with the Texas Commission on Environmental Quality
163	163	summarizing the board's actions in dissolving the district.
164	164	(b) Not later than the 10th day after the date the Texas
165	165	Commission on Environmental Quality receives the report and
166	166	determines that the requirements of this subchapter have been
167	167	fulfilled, the commission shall enter an order dissolving the
168	168	district.
169	169	SECTION 2. The Southwest Travis County Special Utility
170	170	District initially includes all the territory contained in the
171	171	following area, except that the district does not include territory
172	172	located in the service area of a utility that has been granted a
173	173	certificate of convenience and necessity to provide water, in the
174	174	boundaries of a municipality or the extraterritorial jurisdiction
175	175	of a municipality, or in a municipal utility district, special
176	176	utility district, or water control and improvement district in
177	177	existence on the effective date of this Act:
178	178	THE TERRITORY OF THE SOUTHWEST TRAVIS COUNTY PORTION OF THE
179	179	HILL COUNTRY PRIORITY GROUNDWATER MANAGEMENT AREA - AS DESCRIBED BY
180	180	2010 TCEQ REPORT; "The southwestern Travis territory is located in
181	181	the southwestern quarter of Travis County. The southwestern Travis
182	182	territory is bound to the west by Blanco and Burnet counties,
183	183	southwest by Hays County, and southeast by the northwestern
184	184	boundary of the Barton Springs/Edwards Aquifer Conservation
185	185	District (BS/EACD). The northern boundary of the southwestern
186	186	Travis territory is the Colorado River (Lake Travis, Lake Austin,
187	187	and Lady Bird Lake)."
188	188	SECTION 3. (a) The legal notice of the intention to
189	189	introduce this Act, setting forth the general substance of this
190	190	Act, has been published as provided by law, and the notice and a
191	191	copy of this Act have been furnished to all persons, agencies,
192	192	officials, or entities to which they are required to be furnished
193	193	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
194	194	Government Code.
195	195	(b) The governor, one of the required recipients, has
196	196	submitted the notice and Act to the Texas Commission on
197	197	Environmental Quality.
198	198	(c) The Texas Commission on Environmental Quality has filed
199	199	its recommendations relating to this Act with the governor, the
200	200	lieutenant governor, and the speaker of the house of
201	201	representatives within the required time.
202	202	(d) All requirements of the constitution and laws of this
203	203	state and the rules and procedures of the legislature with respect
204	204	to the notice, introduction, and passage of this Act are fulfilled
205	205	and accomplished.
206	206	SECTION 4. (a) Section 7221.102, Special District Local
207	207	Laws Code, as added by Section 1 of this Act, takes effect only if
208	208	this Act receives a two-thirds vote of all the members elected to
209	209	each house.
210	210	(b) If this Act does not receive a two-thirds vote of all the
211	211	members elected to each house, Subchapter C, Chapter 7221, Special
212	212	District Local Laws Code, as added by Section 1 of this Act, is
213	213	amended by adding Section 7221.102 to read as follows:
214	214	Sec. 7221.102. NO EMINENT DOMAIN POWER. The district may
215	215	not exercise the power of eminent domain.
216	216	(c) This section is not intended to be an expression of a
217	217	legislative interpretation of the requirements of Section 17(c),
218	218	Article I, Texas Constitution.
219	219	SECTION 5. This Act takes effect immediately if it receives
220	220	a vote of two-thirds of all the members elected to each house, as
221	221	provided by Section 39, Article III, Texas Constitution. If this
222	222	Act does not receive the vote necessary for immediate effect, this
223	223	Act takes effect September 1, 2017.