Texas 2025 - 89th Regular

Texas House Bill HB5320 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Guillen H.B. No. 5320
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the combination of the Starr County Drainage and
7	9		Groundwater conservation districts.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. The heading of Section 6606, Special District
10	12		Local Laws Code, is amended to read as follows:
11	13		STARR COUNTY DRAINAGE AND GROUNDWATER CONSERVATION DISTRICT.
12	14		SECTION 2. Section 6606, Special District Local Laws Code,
13	15		is amended to read as follows:
14	16		SUBCHAPTER A. GENERAL PROVISIONS
15	17		Sec. 6606.001. DEFINITIONS. In this chapter:
16	18		(1) "Board" means the district's board of directors.
17	19		(2) "Director" means a member of the board.
18	20		(3) "District" means the Starr County Drainage and
19	21		Groundwater Conservation District.
20	22		Sec. 6606.002. NATURE OF DISTRICT. The district is a
21	23		drainage district created in Starr County under Section 59, Article
22	24		XVI, Texas Constitution, subject to approval at a confirmation
23	25		election under Section 6606.102.
24	26		Sec. 6606.003. FINDINGS OF BENEFIT AND PURPOSE. (a) The
25	27		district is created to serve a public use and benefit.
26	28		(b) All land and other property included in the district
27	29		will benefit from the works and projects that are to be accomplished
28	30		by the district under powers conferred by Section 59, Article XVI,
29	31		Texas Constitution.
30	32		(c) The district is essential to accomplish the purposes of
31	33		Section 59, Article XVI, Texas Constitution.
32	34		Sec. 6606.004. DISTRICT TERRITORY. The district territory
33	35		is coextensive with the boundaries of Starr County, Texas.
34	36		SUBCHAPTER B. BOARD OF DIRECTORS
35	37		Sec. 6606.051. DIRECTORS. (a) The district is governed by
36	38		a board of five directors consisting ofwho shall be appointed by
37	39		the Commissioners Court of Starr County of whom:
38	40		(1) one must represent municipal interests in the
39	41		county;
40	42		(2) one must be a bona fide agricultural producer who
41	43		derives a substantial portion of the producer's income from
42	44		agriculture in the county;
43	45		(3) one must be an employee of a rural water supply
44	46		entity in the county;
45	47		(4) one must represent active industrial interests in
46	48		the county; and
47	49		(5) one must represent Starr County at-large.
48	50		(b) Service on the board is an additional duty of office for
49	51		a member of the Commissioners Court of Starr County.
50	52		SUBCHAPTER C. POWERS AND DUTIES
51	53		Sec. 6606.101. GENERAL POWERS AND DUTIES. (a) The district
52	54		has all rights, powers, privileges, functions, and duties provided
53	55		by the general law of this state applicable to a drainage district
54	56		created under Section 59, Article XVI, Texas Constitution,
55	57		including Chapters 36, 49, and 56, Water Code.
56	58		(b) The district shall assess ad valorem taxes pursuant to
57	59		Chapter 49, Water Code.
58	60		Sec. 6606.102. CONFIRMATION ELECTION. (a) The board shall
59	61		hold an election to confirm the creation of the district.
60	62		(b) Section 41.001(a), Election Code, does not apply to a
61	63		confirmation election under this section.
62	64		(c) Except as provided by this section, the confirmation
63	65		election must be conducted as provided by Sections 49.102(a)-(f),
64	66		Water Code, and the Election Code.
65	67		(d) The district is not required to elect directors at the
66	68		confirmation election.
67	69		Sec. 6606.103. UTILITY PROPERTY EXEMPTION FROM IMPACT FEES,
68	70		STANDBY FEES, AND ASSESSMENTS. The district may not impose an
69	71		impact fee, standby fee, or assessment on the property, including
70	72		the equipment, rights-of-way, easements, facilities, or
71	73		improvements, of:
72	74		(1) an electric utility or a power generation company
73	75		as defined by Section 31.002, Utilities Code;
74	76		(2) a gas utility as defined by Section 101.003 or
75	77		121.001, Utilities Code;
76	78		(3) a telecommunications provider as defined by
77	79		Section 51.002, Utilities Code; or
78	80		(4) a person who provides to the public cable
79	81		television or advanced telecommunications services.
80	82		Sec. 6606.104 POWER TO CONTRACT WITH MUNICIPALITIES.
81	83		(a) The district may enter into a contract with a
82	84		municipality to assume the functions of the municipality's
83	85		municipally owned utility. A contract under this section may
84	86		include provisions for the district's:
85	87		(1) assumption of the debts, liabilities, and
86	88		obligations of the municipally owned utility;
87	89		(2) ownership or use of the assets and facilities of
88	90		the municipally owned utility; and
89	91		(3) performance of the functions and services
90	92		previously provided by the municipally owned utility.
91	93		Sec. 6606.105. RELATION TO OTHER WATER-RELATED ENTITIES.
92	94		(a) To the extent that a rule of the district conflicts with a rule
93	95		of the regional water authority, the rule of the authority
94	96		controls.
95	97		(b) To the extent that a rule of the district conflicts with
96	98		an action of a municipally owned utility or water supply or sewer
97	99		service corporation whose certificated area is located wholly or
98	100		partly in the district's territory, the action of the utility or
99	101		corporation controls.
100	102		(c) Notwithstanding Subsections (a) and (b), to the extent
101	103		that a rule of the district concerning groundwater conflicts with a
102	104		rule of the regional water authority or with an action of a
103	105		municipally owned utility or water supply or sewer service
104	106		corporation whose certificated area is located wholly or partly in
105	107		the district's territory, the rule of the district controls.
106	108		SECTION 2. This Act takes effect immediately if it receives
107	109		a vote of two-thirds of all the members elected to each house, as
108	110		provided by Section 39, Article III, Texas Constitution. If this
109	111		Act does not receive the vote necessary for immediate effect, this
110	112		Act takes effect September 1, 2025.