Texas 2017 - 85th Regular

Texas Senate Bill SB976 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Birdwell S.B. No. 976
2		-	(Kacal)
	1	+	S.B. No. 976
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the dissolution of the Falls County Water Control and
8	6		Improvement District No. 1.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. DEFINITIONS. In this Act:
11	9		(1) "City" means the City of Marlin.
12	10		(2) "District" means the Falls County Water Control
13	11		and Improvement District No. 1.
14	12		SECTION 2. LEGISLATIVE FINDINGS. The legislature finds
15	13		that:
16	14		(1) the citizens of the district approved the creation
17	15		of the district for the purpose of developing a flood control
18	16		program;
19	17		(2) the district entered into an agreement with the
20	18		city and other parties to acquire the property rights necessary for
21	19		the construction of three flood retention structures that are
22	20		related to the Brushy Creek reservoir and the district acquired
23	21		those property rights;
24	22		(3) the district and the city expended public funds
25	23		towards the completion of the project in accordance with the terms
26	24		of the agreement between the parties, including approximately $3.5
27	25		million spent by the city on the project as of the effective date of
28	26		this Act;
29	27		(4) the city is relying on the Brushy Creek reservoir
30	28		and the related flood control structures to meet future water
31	29		supply needs;
32	30		(5) the board of the district voted to dissolve the
33	31		district and the citizens of the district confirmed the intent to
34	32		dissolve the district at an election, and the law is unclear on the
35	33		disposition of the district's assets in the event of dissolution;
36	34		(6) the district's primary assets are the easements
37	35		acquired under the terms of the agreement with revenue from
38	36		taxation and those easements are essential to the completion of the
39	37		Brushy Creek reservoir project by the city;
40	38		(7) the Brushy Creek reservoir is included in the 2017
41	39		state water plan as a regional water supply source and should be
42	40		completed;
43	41		(8) the territory of the district will benefit by the
44	42		completion of the reservoir; and
45	43		(9) in the interest of public health and welfare, to
46	44		help ensure an adequate water supply for present and future needs,
47	45		to fulfill the will of the citizens of the district to dissolve the
48	46		district and end the collection of ad valorem taxes, and to secure
49	47		the investment of public funds already incurred for the project,
50	48		all assets and obligations of the district should be transferred to
51	49		the city and the district dissolved.
52	50		SECTION 3. DISSOLUTION OF DISTRICT AND TRANSFER OF ASSETS
53	51		AND OBLIGATIONS. (a) On the effective date of this Act, the
54	52		district is dissolved and has no legal authority to take any action,
55	53		and the transfer of the assets and obligations of the district to
56	54		the city is authorized. The city bears the responsibility of:
57	55		(1) transferring the title of the assets of the
58	56		district to the city; and
59	57		(2) assuming the obligations of the district.
60	58		(b) The county clerk of Falls County, the commissioners
61	59		court of Falls County, and any district court with jurisdiction
62	60		over a matter related to the provisions of this Act shall take
63	61		notice of this Act as an authorization to transfer the title of the
64	62		assets to the city and assume the obligations of the district on
65	63		application or petition by the city.
66	64		SECTION 4. NOTICE. (a) The legal notice of the intention
67	65		to introduce this Act, setting forth the general substance of this
68	66		Act, has been published as provided by law, and the notice and a
69	67		copy of this Act have been furnished to all persons, agencies,
70	68		officials, or entities to which they are required to be furnished
71	69		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
72	70		Government Code.
73	71		(b) The governor, one of the required recipients, has
74	72		submitted the notice and Act to the Texas Commission on
75	73		Environmental Quality.
76	74		(c) The Texas Commission on Environmental Quality has filed
77	75		its recommendations relating to this Act with the governor, the
78	76		lieutenant governor, and the speaker of the house of
79	77		representatives within the required time.
80	78		(d) All requirements of the constitution and laws of this
81	79		state and the rules and procedures of the legislature with respect
82	80		to the notice, introduction, and passage of this Act are fulfilled
83	81		and accomplished.
84	82		SECTION 5. EFFECTIVE DATE. This Act takes effect
85	83		immediately if it receives a vote of two-thirds of all the members
86	84		elected to each house, as provided by Section 39, Article III, Texas
87	85		Constitution. If this Act does not receive the vote necessary for
88	86		immediate effect, this Act takes effect September 1, 2017.
	87	+	______________________________ ______________________________
	88	+	President of the Senate Speaker of the House
	89	+	I hereby certify that S.B. No. 976 passed the Senate on
	90	+	April 19, 2017, by the following vote: Yeas 31, Nays 0.
	91	+	______________________________
	92	+	Secretary of the Senate
	93	+	I hereby certify that S.B. No. 976 passed the House on
	94	+	May 19, 2017, by the following vote: Yeas 141, Nays 3, two
	95	+	present not voting.
	96	+	______________________________
	97	+	Chief Clerk of the House
	98	+	Approved:
	99	+	______________________________
	100	+	Date
	101	+	______________________________
	102	+	Governor