Texas 2019 - 86th Regular

Texas Senate Bill SB2455 Compare Versions

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

Old	New	Differences
1	1	86R19584 SLB-F
2	2	By: Buckingham S.B. No. 2455
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the territory and board of directors of the Bell County
8	8	Water Control and Improvement District No. 1.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 9005.001, Special District Local Laws
11	11	Code, is amended by adding Subdivision (1-a) to read as follows:
12	12	(1-a) "Director" means a member of the board of
13	13	directors of the district.
14	14	SECTION 2. Subchapter A, Chapter 9005, Special District
15	15	Local Laws Code, is amended by adding Section 9005.0025 to read as
16	16	follows:
17	17	Sec. 9005.0025. BOARD. (a) The district is governed by a
18	18	board of seven elected directors. In addition to the elected board
19	19	members, a nonvoting member chosen by the Fort Hood Military
20	20	Reservation represents the interests of the reservation.
21	21	(b) The district shall hold an election to elect the
22	22	appropriate number of directors on the uniform election date in
23	23	November of each even-numbered year.
24	24	(c) The board shall divide the district into seven
25	25	single-member director precincts that comply with the federal
26	26	Voting Rights Act of 1965 (52 U.S.C. Sections 10101 and 10301 et
27	27	seq.) with:
28	28	(1) the precincts each containing an approximately
29	29	equal number of voters; and
30	30	(2) the population of the City of Killeen divided into
31	31	three precincts composed only of residents of the City of Killeen.
32	32	(d) The board may redraw the single-member director
33	33	precincts in a manner that is reasonable and equitable:
34	34	(1) after any change in the boundaries of the district
35	35	or of the City of Killeen; or
36	36	(2) by a resolution redrawing the director precincts
37	37	adopted by a two-thirds majority of the board based on changed
38	38	circumstances.
39	39	SECTION 3. Sections 9005.003 and 9005.004, Special District
40	40	Local Laws Code, are amended to read as follows:
41	41	Sec. 9005.003. DISTRICT TERRITORY. (a) The district is
42	42	composed of the territory described by Subsection (b) and Section
43	43	1, Chapter 523, Acts of the 54th Legislature, Regular Session, 1955
44	44	(Article 8280-189, Vernon's Texas Civil Statutes), as that
45	45	territory may have been modified under:
46	46	(1) Subchapter J, Chapter 49, Water Code;
47	47	(2) Subchapter O, Chapter 51, Water Code, before
48	48	September 1, 1995;
49	49	(3) former Section 4A, Chapter 523, Acts of the 54th
50	50	Legislature, Regular Session, 1955 (Article 8280-189, Vernon's
51	51	Texas Civil Statutes); or
52	52	(4) other law.
53	53	(b) Effective September 1, 2019, the territory of the
54	54	district includes the following areas as those areas are legally
55	55	described on that date:
56	56	(1) the territory inside the corporate boundaries of:
57	57	(A) the City of Harker Heights;
58	58	(B) the City of Copperas Cove;
59	59	(C) the City of Belton; and
60	60	(D) the City of Killeen;
61	61	(2) the service area of the 439 Water Supply
62	62	Corporation;
63	63	(3) the territory of the Bell County Water Control and
64	64	Improvement District No. 3; and
65	65	(4) the Bell County portion of the Fort Hood Military
66	66	Reservation.
67	67	Sec. 9005.004. ANNEXATION OF TERRITORY. (a) The [If an
68	68	election concerning the annexation of territory to the district
69	69	would result in the district boundaries becoming coterminous with
70	70	the boundaries of the City of Killeen, the] board[, in a separate
71	71	proposition,] may submit for approval at an election the question
72	72	of whether to automatically annex to [extend the boundaries of] the
73	73	district [to include] territory later annexed by the City of
74	74	Killeen or a political subdivision described by Section 9005.003(b)
75	75	or to include territory added to the service area of the 439 Water
76	76	Supply Corporation [the City of Killeen annexes] that is not
77	77	already included in the district.
78	78	(b) An automatic annexation authorized [Land annexed by the
79	79	City of Killeen] under Subsection (a) is effective [part of the
80	80	district] only after:
81	81	(1) the annexed area assumes its pro rata share of all
82	82	bonds, notes, or other obligations or taxes owed, contracted, or
83	83	authorized by the district; and
84	84	(2) that assumption is approved by a majority of the
85	85	voters voting at an election held in the district territory as
86	86	enlarged as a result of the annexation.
87	87	SECTION 4. Subchapter B, Chapter 9005, Special District
88	88	Local Laws Code, is amended by adding Section 9005.0515 to read as
89	89	follows:
90	90	Sec. 9005.0515. LIMITATION OF DISTRICT POWER. In the
91	91	territory of the district that coincides with the territory of the
92	92	Bell County Water Control and Improvement District No. 3, the
93	93	powers of the district, including the power to issue bonds and
94	94	exercise eminent domain, are limited to the powers necessary to
95	95	provide wholesale water service.
96	96	SECTION 5. (a) The Bell County Water Control and
97	97	Improvement District No. 1 shall hold the first election to elect
98	98	directors as described by Section 9005.0025, Special District Local
99	99	Laws Code, as added by this Act, on the uniform election date in
100	100	November 2020.
101	101	(b) The terms of the directors serving on the board of
102	102	directors of the Bell County Water Control and Improvement District
103	103	No. 1 on the effective date of this Act expire on the date the
104	104	directors elected under Subsection (a) of this section have
105	105	qualified. A director elected to a term that expires in May 2020
106	106	serves until the director's successor has qualified after the
107	107	November 2020 election.
108	108	(c) At the first meeting of the board of directors of the
109	109	Bell County Water Control and Improvement District No. 1 that
110	110	follows the election held under Subsection (a) of this section, the
111	111	directors shall draw lots to determine which four directors serve a
112	112	term of four years and which three directors serve a term of two
113	113	years.
114	114	SECTION 6. (a) The legal notice of the intention to
115	115	introduce this Act, setting forth the general substance of this
116	116	Act, has been published as provided by law, and the notice and a
117	117	copy of this Act have been furnished to all persons, agencies,
118	118	officials, or entities to which they are required to be furnished
119	119	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
120	120	Government Code.
121	121	(b) The governor, one of the required recipients, has
122	122	submitted the notice and Act to the Texas Commission on
123	123	Environmental Quality.
124	124	(c) The Texas Commission on Environmental Quality has filed
125	125	its recommendations relating to this Act with the governor, the
126	126	lieutenant governor, and the speaker of the house of
127	127	representatives within the required time.
128	128	(d) All requirements of the constitution and laws of this
129	129	state and the rules and procedures of the legislature with respect
130	130	to the notice, introduction, and passage of this Act are fulfilled
131	131	and accomplished.
132	132	SECTION 7. This Act takes effect September 1, 2019.