85R17870 GRM-F
By: Workman H.B. No. 4327
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Southwest Travis County Special
Utility District; providing authority to issue bonds; granting a
limited power of eminent domain; providing authority to impose fees
and assessments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7221 to read as follows:
CHAPTER 7221. SOUTHWEST TRAVIS COUNTY SPECIAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7221.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commissioners court" means the Travis County
Commissioners Court.
(3) "Director" means a board member.
(4) "District" means the Southwest Travis County
Special Utility District.
Sec. 7221.002. NATURE OF DISTRICT. The district is a
special utility district in Travis County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution. The district is created to serve a public use
and benefit.
Sec. 7221.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation and
initial directors' election held before September 1, 2019:
(1) the district is dissolved on September 1, 2019,
except that the district shall:
(A) pay any debts incurred;
(B) transfer to Travis County any assets of the
district that remain after the payment of debts; and
(C) maintain the organization of the district
until all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2022.
Sec. 7221.004. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 65, Water Code,
apply to the district.
Sec. 7221.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to issue any type of
bond, including a refunding bond, for a purpose for which the
district is created or to pay the principal of and interest on a
bond; or
(3) the legality or operation of the district or the
board of directors of the district.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 7221.021. APPOINTMENT OF TEMPORARY DIRECTORS;
VACANCIES; TERMS. (a) As soon as practicable after the effective
date of the Act enacting this chapter, seven persons who reside in
the district shall be appointed as temporary directors as follows:
(1) the county judge of Travis County shall appoint
one temporary director;
(2) the county commissioner for the county
commissioners precinct in which the district is principally located
shall appoint two temporary directors;
(3) the state representative who represents the house
district in which the district is principally located shall appoint
two temporary directors; and
(4) the state senator who represents the senate
district in which the district is principally located shall appoint
two temporary directors.
(b) Each temporary director shall qualify for office as
provided by Section 49.055, Water Code.
(c) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy.
(d) If at any time there are fewer than four qualified
temporary directors, the Texas Commission on Environmental Quality
shall appoint the necessary number of directors to fill all
vacancies on the board.
(e) Temporary directors serve until the earlier of:
(1) the date initial directors are elected under
Section 7221.022; or
(2) the date this chapter expires under Section
7221.003.
(f) As soon as practicable after all the temporary directors
have qualified under Section 49.055, Water Code, the temporary
directors shall convene the organizational meeting of the district
and elect officers from among the temporary directors.
Sec. 7221.022. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) Before September 1, 2019, the temporary directors
shall hold an election to confirm the creation of the district and
to elect seven initial directors in accordance with Chapters 49 and
65, Water Code.
(b) The temporary board of directors shall determine the
method for determining the initial term of each person on the
initial board of directors. The terms must be clearly stated on the
ballot for the confirmation and directors' election.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and directors' election held as provided by this
section.
(d) The initial directors shall continue to serve until the
district directors elected at the first regularly scheduled
election of directors under Section 7221.052 qualify for office.
Sec. 7221.023. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2022.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7221.051. DIRECTORS. (a) The district shall be
governed by a board of seven directors, elected in accordance with
Section 65.103, Water Code.
(b) The directors of the district serve staggered
three-year terms.
Sec. 7221.052. ELECTION OF DIRECTORS. After the district
is confirmed under Section 7221.022, the district shall hold an
election on the uniform election date in November of each year to
elect the appropriate number of directors.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7221.101. GENERAL POWERS. Except as otherwise
provided by this chapter, the district has all of the rights,
powers, privileges, authority, functions, and duties provided by
the general law of this state, including Chapters 49 and 65, Water
Code, applicable to special utility districts created under Section
59, Article XVI, Texas Constitution.
Sec. 7221.102. EMINENT DOMAIN. (a) Except as provided by
Subsection (b), the district has all the power and authority of a
special utility district under Chapters 49 and 65, Water Code, to
acquire by condemnation any land, easement, or other property
located inside or outside the boundaries of the district for any
water-related district project or purpose.
(b) The district may not exercise the power of eminent
domain to condemn land, easements, or other property located
outside the boundaries of the district for sanitary sewer purposes.
SUBCHAPTER D. DISSOLUTION
Sec. 7221.151. DISSOLUTION HEARING AND BOARD VOTE TO
DISSOLVE. The board may vote to dissolve the district and transfer
the district's assets, obligations, and responsibility for the
provision of services to a water control and improvement district
if the board concludes after a public hearing held on the issue
that:
(1) it is in the best interest of the district's
residents and of the persons served by the district for the district
to dissolve; and
(2) it is feasible to transfer the district's assets,
obligations, and responsibility for the provision of services to
another entity as provided by Section 7221.152.
Sec. 7221.152. TRANSFER OF ASSETS, OBLIGATIONS, AND
PROVISION OF SERVICES. (a) The board after voting in favor of
dissolution shall:
(1) transfer the district's assets and obligations to
a water control and improvement district; and
(2) administer the property, assets, and debts of the
district until all money has been disposed of and all district debts
have been paid or settled.
(b) The board shall make arrangements for the uninterrupted
provision of services that were provided by the district at the time
the board voted in favor of dissolution.
Sec. 7221.153. REPORT; DISSOLUTION ORDER. (a) After the
district has transferred all of the district's assets and
obligations and arranged for the continued provision of services
previously provided by the district, the board shall file a written
report with the Texas Commission on Environmental Quality
summarizing the board's actions in dissolving the district.
(b) Not later than the 10th day after the date the Texas
Commission on Environmental Quality receives the report and
determines that the requirements of this subchapter have been
fulfilled, the commission shall enter an order dissolving the
district.
SECTION 2. The Southwest Travis County Special Utility
District initially includes all the territory contained in the
following area, except that the district does not include territory
located in the service area of a utility that has been granted a
certificate of convenience and necessity to provide water, in the
boundaries of a municipality or the extraterritorial jurisdiction
of a municipality, or in a municipal utility district, special
utility district, or water control and improvement district in
existence on the effective date of this Act:
THE TERRITORY OF THE SOUTHWEST TRAVIS COUNTY PORTION OF THE
HILL COUNTRY PRIORITY GROUNDWATER MANAGEMENT AREA - AS DESCRIBED BY
2010 TCEQ REPORT; "The southwestern Travis territory is located in
the southwestern quarter of Travis County. The southwestern Travis
territory is bound to the west by Blanco and Burnet counties,
southwest by Hays County, and southeast by the northwestern
boundary of the Barton Springs/Edwards Aquifer Conservation
District (BS/EACD). The northern boundary of the southwestern
Travis territory is the Colorado River (Lake Travis, Lake Austin,
and Lady Bird Lake)."
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) Section 7221.102, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 7221, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 7221.102 to read as follows:
Sec. 7221.102. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.