By: VanDeaver (Senate Sponsor - Hughes) H.B. No. 3402
(In the Senate - Received from the House April 19, 2021;
April 21, 2021, read first time and referred to Committee on Local
Government; May 20, 2021, reported favorably by the following
vote: Yeas 6, Nays 0; May 20, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Franklin County Water
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4, Chapter 719, Acts of the 59th
Legislature, Regular Session, 1965, is amended to read as follows:
Sec. 4. DISTRICT POWERS. The District herein created shall
have and possess and is hereby vested with all the rights, powers
and privileges conferred by the General Laws of this State now in
force and effect or hereafter enacted applicable to water control
and improvement districts created under the authority of Article
XVI, Section 59, of the Texas Constitution, but to the extent that
said General Laws may be inconsistent or in conflict herewith, the
provisions of this Act shall prevail. It is further the intention of
the Legislature that the District herein created shall have all the
power and authority necessary to fully qualify and gain the
benefits of any and all laws which are in any wise helpful in
carrying out the purposes for which the District is created and the
provisions of all such laws of which the District may lawfully avail
itself are hereby adopted by this reference and made applicable to
the District.
Without limiting the generality of the foregoing, the
District shall and is hereby empowered to exercise the following
powers, privileges and functions:
(1) To control, store, preserve and distribute its
waters and flood waters, the waters of its rivers and streams, for
all useful purposes and to accomplish these ends by all practicable
means including the construction, maintenance and operation of all
appropriate improvements, plants, works and facilities, the
acquisition of water rights and all other properties, lands,
tenements, easements and all other rights necessary to the purpose
of the organization of the District.
(2) To process and store such waters and distribute
same for municipal, domestic, irrigation and industrial purposes,
subject to the requirements of Chapter 1, Title 128, Revised Civil
Statutes of Texas, 1925, as amended.
(3) To dispose of property or rights therein when the
same are no longer needed for the purposes for which the District is
created or to lease same for purposes which will not interfere with
the use of the property of the District.
(4) To cooperate with and contract with the State of
Texas, the United States of America, or with any of their
departments or agencies now existing, or which may hereafter be
created, to carry out any of the powers or to further any of the
purposes of the District and, for such purposes, to receive grants,
loans or advancements therefrom.
(5) To make or cause to be made surveys and engineering
investigations for the information of the District to facilitate
the accomplishment of its purposes and to employ a general manager,
attorneys, accountants, engineers, financial experts, or other
technical or nontechnical employees or assistants; further to fix
the amount and manner of their compensation and to provide for the
payment of all expenditures deemed essential to the proper
operation and maintenance of the District and its affairs.
(6) To exercise all functions to permit the
accomplishment of its purposes including the acquisition within or
without said District of land, easements, and rights-of-way and any
other character of property incident to, or necessary in carrying
out the purposes and work of the District by way of gift, device,
purchase, leasehold or condemnation. The right of eminent domain is
hereby expressly conferred on said District and the procedure with
reference to condemnation, the assessment of and estimating of
damages, payment, appeal, the entering upon the property pending
appeal and other procedures prescribed in Title 52 of the Revised
Civil Statutes of Texas, 1925, as heretofore or hereafter amended,
shall apply to said District. In the event the District, in the
exercise of the power of eminent domain or power of relocation, or
any other power granted hereunder makes necessary the taking of any
property or the relocation, raising, re-routing or changing the
grade, or altering the construction of any highway, railroad,
electric transmission line, telephone or telegraph properties and
facilities, or pipeline, all such necessary taking, relocation,
raising, re-routing, changing of grade or alteration of
construction shall be accomplished at the expense of the District.
It is provided, however, that the expense of the District shall be
strictly confined to that amount which is equal to the actual cost
of the property taken or work required without enhancement thereof
and after deducting the net salvage value which may be derived from
any property taken.
(7) To design, acquire, construct, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads. The
district may finance the road project with notes secured by non-tax
revenue. A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulations of
each municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located. If a road project is not
located in the corporate limits or extraterritorial jurisdiction of
a municipality, the road project must meet all applicable
construction standards, subdivision requirements, and regulations
of each county in which the road project is located. If the state
will maintain and operate the road, the Texas Transportation
Commission must approve the plans and specifications of the road
project.
(8) To do any and all other acts or things necessary or
proper to carry into effect the purpose for which the District is
created and organized.
SECTION 2. The Franklin County Water District retains all
rights, powers, privileges, authority, duties, and functions that
it had before the effective date of this Act.
SECTION 3. 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, 2021.
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