Texas 2019 - 86th Regular

Texas House Bill HB2105 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2105
	1	+	By: Shine, Buckley, Sheffield H.B. No. 2105
	2	+	(Senate Sponsor - Buckingham)
	3	+	(In the Senate - Received from the House April 23, 2019;
	4	+	April 24, 2019, read first time and referred to Committee on
	5	+	Intergovernmental Relations; May 6, 2019, reported favorably by
	6	+	the following vote: Yeas 7, Nays 0; May 6, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the territory and board of directors of the Bell County
6	13		Water Control and Improvement District No. 1.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 9005.001, Special District Local Laws
9	16		Code, is amended by adding Subdivision (1-a) to read as follows:
10	17		(1-a) "Director" means a member of the board of
11	18		directors of the district.
12	19		SECTION 2. Subchapter A, Chapter 9005, Special District
13	20		Local Laws Code, is amended by adding Section 9005.0025 to read as
14	21		follows:
15	22		Sec. 9005.0025. BOARD. (a) The district is governed by a
16	23		board of seven elected directors. In addition to the elected board
17	24		members, a nonvoting member chosen by the Fort Hood Military
18	25		Reservation represents the interests of the reservation.
19	26		(b) The district shall hold an election to elect the
20	27		appropriate number of directors on the uniform election date in
21	28		November of each even-numbered year.
22	29		(c) The board shall divide the district into seven
23	30		single-member director precincts that comply with the federal
24	31		Voting Rights Act of 1965 (52 U.S.C. Sections 10101 and 10301 et
25	32		seq.) with:
26	33		(1) the precincts each containing an approximately
27	34		equal number of voters; and
28	35		(2) the population of the City of Killeen divided into
29	36		three precincts composed only of residents of the City of Killeen.
30	37		(d) The board may redraw the single-member director
31	38		precincts in a manner that is reasonable and equitable:
32	39		(1) after any change in the boundaries of the district
33	40		or of the City of Killeen; or
34	41		(2) by a resolution redrawing the director precincts
35	42		adopted by a two-thirds majority of the board based on changed
36	43		circumstances.
37	44		SECTION 3. Sections 9005.003 and 9005.004, Special District
38	45		Local Laws Code, are amended to read as follows:
39	46		Sec. 9005.003. DISTRICT TERRITORY. (a) The district is
40	47		composed of the territory described by Subsection (b) and Section
41	48		1, Chapter 523, Acts of the 54th Legislature, Regular Session, 1955
42	49		(Article 8280-189, Vernon's Texas Civil Statutes), as that
43	50		territory may have been modified under:
44	51		(1) Subchapter J, Chapter 49, Water Code;
45	52		(2) Subchapter O, Chapter 51, Water Code, before
46	53		September 1, 1995;
47	54		(3) former Section 4A, Chapter 523, Acts of the 54th
48	55		Legislature, Regular Session, 1955 (Article 8280-189, Vernon's
49	56		Texas Civil Statutes); or
50	57		(4) other law.
51	58		(b) Effective September 1, 2019, the territory of the
52	59		district includes the following areas as those areas are legally
53	60		described on that date:
54	61		(1) the territory inside the corporate boundaries of:
55	62		(A) the City of Harker Heights;
56	63		(B) the City of Copperas Cove;
57	64		(C) the City of Belton; and
58	65		(D) the City of Killeen;
59	66		(2) the service area of the 439 Water Supply
60	67		Corporation;
61	68		(3) the territory of the Bell County Water Control and
62	69		Improvement District No. 3; and
63	70		(4) the Bell County portion of the Fort Hood Military
64	71		Reservation.
65	72		Sec. 9005.004. ANNEXATION OF TERRITORY. (a) The [If an
66	73		election concerning the annexation of territory to the district
67	74		would result in the district boundaries becoming coterminous with
68	75		the boundaries of the City of Killeen, the] board[, in a separate
69	76		proposition,] may submit for approval at an election the question
70	77		of whether to automatically annex to [extend the boundaries of] the
71	78		district [to include] territory later annexed by the City of
72	79		Killeen or a political subdivision described by Section 9005.003(b)
73	80		or to include territory added to the service area of the 439 Water
74	81		Supply Corporation [the City of Killeen annexes] that is not
75	82		already included in the district.
76	83		(b) An automatic annexation authorized [Land annexed by the
77	84		City of Killeen] under Subsection (a) is effective [part of the
78	85		district] only after:
79	86		(1) the annexed area assumes its pro rata share of all
80	87		bonds, notes, or other obligations or taxes owed, contracted, or
81	88		authorized by the district; and
82	89		(2) that assumption is approved by a majority of the
83	90		voters voting at an election held in the district territory as
84	91		enlarged as a result of the annexation.
85	92		SECTION 4. Subchapter B, Chapter 9005, Special District
86	93		Local Laws Code, is amended by adding Section 9005.0515 to read as
87	94		follows:
88	95		Sec. 9005.0515. LIMITATION OF DISTRICT POWER. In the
89	96		territory of the district that coincides with the territory of the
90	97		Bell County Water Control and Improvement District No. 3, the
91	98		powers of the district, including the power to issue bonds and
92	99		exercise eminent domain, are limited to the powers necessary to
93	100		provide wholesale water service.
94	101		SECTION 5. (a) The Bell County Water Control and
95	102		Improvement District No. 1 shall hold the first election to elect
96	103		directors as described by Section 9005.0025, Special District Local
97	104		Laws Code, as added by this Act, on the uniform election date in
98	105		November 2020.
99	106		(b) The terms of the directors serving on the board of
100	107		directors of the Bell County Water Control and Improvement District
101	108		No. 1 on the effective date of this Act expire on the date the
102	109		directors elected under Subsection (a) of this section have
103	110		qualified. A director elected to a term that expires in May 2020
104	111		serves until the director's successor has qualified after the
105	112		November 2020 election.
106	113		(c) At the first meeting of the board of directors of the
107	114		Bell County Water Control and Improvement District No. 1 that
108	115		follows the election held under Subsection (a) of this section, the
109	116		directors shall draw lots to determine which four directors serve a
110	117		term of four years and which three directors serve a term of two
111	118		years.
112	119		SECTION 6. (a) The legal notice of the intention to
113	120		introduce this Act, setting forth the general substance of this
114	121		Act, has been published as provided by law, and the notice and a
115	122		copy of this Act have been furnished to all persons, agencies,
116	123		officials, or entities to which they are required to be furnished
117	124		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
118	125		Government Code.
119	126		(b) The governor, one of the required recipients, has
120	127		submitted the notice and Act to the Texas Commission on
121	128		Environmental Quality.
122	129		(c) The Texas Commission on Environmental Quality has filed
123	130		its recommendations relating to this Act with the governor, the
124	131		lieutenant governor, and the speaker of the house of
125	132		representatives within the required time.
126	133		(d) All requirements of the constitution and laws of this
127	134		state and the rules and procedures of the legislature with respect
128	135		to the notice, introduction, and passage of this Act are fulfilled
129	136		and accomplished.
130	137		SECTION 7. This Act takes effect September 1, 2019.
131		-	______________________________ ______________________________
132		-	President of the Senate Speaker of the House
133		-	I certify that H.B. No. 2105 was passed by the House on April
134		-	18, 2019, by the following vote: Yeas 147, Nays 0, 2 present, not
135		-	voting.
136		-	______________________________
137		-	Chief Clerk of the House
138		-	I certify that H.B. No. 2105 was passed by the Senate on May
139		-	10, 2019, by the following vote: Yeas 31, Nays 0.
140		-	______________________________
141		-	Secretary of the Senate
142		-	APPROVED: _____________________
143		-	Date
144		-	_____________________
145		-	Governor
	138	+	* * * * *