Texas 2025 - 89th Regular

Texas Senate Bill SB3054 Compare Versions

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

Old	New	Differences
1	1	89R15414 ANG-F
2	2	By: Zaffirini S.B. No. 3054
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the powers, duties, and governance of the Starr County
10	10	Drainage District, changing the name of the Starr County Drainage
11	11	District to the Starr County Drainage and Groundwater Conservation
12	12	District, and the dissolution and transfer of the Starr County
13	13	Groundwater Conservation District to the Starr County Drainage and
14	14	Groundwater Conservation District; authorizing the imposition of a
15	15	tax.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Chapter 6606, Special District Local Laws Code,
18	18	is transferred to Subtitle X, Special District Local Laws Code,
19	19	redesignated as Chapter 11022, Special District Local Laws Code,
20	20	and amended to read as follows:
21	21	CHAPTER 11022 [6606]. STARR COUNTY DRAINAGE AND GROUNDWATER
22	22	CONSERVATION DISTRICT
23	23	SUBCHAPTER A. GENERAL PROVISIONS
24	24	Sec. 11022.0101 [6606.001]. DEFINITIONS. In this
25	25	chapter:
26	26	(1) "Board" means the district's board of directors.
27	27	(2) "Director" means a member of the board.
28	28	(3) "District" means the Starr County Drainage and
29	29	Groundwater Conservation District.
30	30	Sec. 11022.0102 [6606.002]. NATURE OF DISTRICT. The
31	31	district is a drainage and groundwater conservation district
32	32	created in Starr County under Section 59, Article XVI, Texas
33	33	Constitution[, subject to approval at a confirmation election under
34	34	Section 6606.102].
35	35	Sec. 11022.0103 [6606.003]. FINDINGS OF BENEFIT AND
36	36	PURPOSE. (a) The district is created to serve a public use and
37	37	benefit.
38	38	(b) All land and other property included in the district
39	39	will benefit from the works and projects that are to be accomplished
40	40	by the district under powers conferred by Section 59, Article XVI,
41	41	Texas Constitution.
42	42	(c) The district is essential to accomplish the purposes of
43	43	Section 59, Article XVI, Texas Constitution.
44	44	Sec. 11022.0104 [6606.004]. DISTRICT TERRITORY. The
45	45	district territory is coextensive with the boundaries of Starr
46	46	County, Texas.
47	47	SUBCHAPTER B. BOARD OF DIRECTORS
48	48	Sec. 11022.0201 [6606.051]. DIRECTORS. [(a)] The district
49	49	is governed by a board of five directors appointed by the
50	50	[consisting of the] Commissioners Court of Starr County as follows:
51	51	(1) one director who is a bona fide agricultural
52	52	producer for whom a substantial portion of the person's income is
53	53	derived from conducting agricultural business in the district;
54	54	(2) one director who is an employee of a rural water
55	55	supply entity in the district;
56	56	(3) one director who represents municipal interests in
57	57	the district;
58	58	(4) one director who represents active industrial
59	59	interests in the district; and
60	60	(5) one director who represents Starr County at-large.
61	61	[(b) Service on the board is an additional duty of office
62	62	for a member of the Commissioners Court of Starr County.]
63	63	SUBCHAPTER C. POWERS, [AND] DUTIES, AND FINANCIAL PROVISIONS
64	64	Sec. 11022.0301 [6606.101]. GENERAL POWERS AND DUTIES.
65	65	(a) The district has all rights, powers, privileges, functions,
66	66	and duties provided by the general law of this state applicable to a
67	67	drainage district created under Section 59, Article XVI, Texas
68	68	Constitution, including Chapters 36, 49, and 56, Water Code.
69	69	(b) The district may impose an ad valorem tax as provided by
70	70	Chapter 49, Water Code.
71	71	[Sec. 6606.102. CONFIRMATION ELECTION. (a) The board
72	72	shall hold an election to confirm the creation of the district.
73	73	[(b) Section 41.001(a), Election Code, does not apply to a
74	74	confirmation election under this section.
75	75	[(c) Except as provided by this section, the confirmation
76	76	election must be conducted as provided by Sections 49.102(a)-(f),
77	77	Water Code, and the Election Code.
78	78	[(d) The district is not required to elect directors at the
79	79	confirmation election.]
80	80	Sec. 11022.0302 [6606.103]. UTILITY PROPERTY EXEMPTION
81	81	FROM IMPACT FEES, STANDBY FEES, AND ASSESSMENTS. The district may
82	82	not impose an impact fee, standby fee, or assessment on the
83	83	property, including the equipment, rights-of-way, easements,
84	84	facilities, or improvements, of:
85	85	(1) an electric utility or a power generation company
86	86	as defined by Section 31.002, Utilities Code;
87	87	(2) a gas utility as defined by Section 101.003 or
88	88	121.001, Utilities Code;
89	89	(3) a telecommunications provider as defined by
90	90	Section 51.002, Utilities Code; or
91	91	(4) a person who provides to the public cable
92	92	television or advanced telecommunications services.
93	93	SECTION 2. Sections 8803.103 and 8803.104, Special District
94	94	Local Laws Code, are transferred to Subchapter C, Chapter 11022,
95	95	Special District Local Laws Code, as added by this Act,
96	96	redesignated as Sections 11022.0303 and 11022.0304, Special
97	97	District Local Laws Code, and amended to read as follows:
98	98	Sec. 11022.0303 [8803.103]. POWER TO CONTRACT WITH
99	99	MUNICIPALITIES. The district may enter into a contract with a
100	100	municipality to assume the functions of the municipality's
101	101	municipally owned utility. A contract under this section may
102	102	include provisions for the district's:
103	103	(1) assumption of the debts, liabilities, and
104	104	obligations of the municipally owned utility;
105	105	(2) ownership or use of the assets and facilities of
106	106	the municipally owned utility; and
107	107	(3) performance of the functions and services
108	108	previously provided by the municipally owned utility.
109	109	Sec. 11022.0304 [8803.104]. RELATION TO OTHER
110	110	WATER-RELATED ENTITIES. (a) To the extent that a rule of the
111	111	district conflicts with a rule of the regional water authority, the
112	112	rule of the authority controls.
113	113	(b) To the extent that a rule of the district conflicts with
114	114	an action of a municipally owned utility or water supply or sewer
115	115	service corporation whose certificated area is located wholly or
116	116	partly in the district's territory, the action of the utility or
117	117	corporation controls.
118	118	(c) Notwithstanding Subsections (a) and (b), to the extent
119	119	that a rule of the district concerning groundwater conflicts with a
120	120	rule of the regional water authority or with an action of a
121	121	municipally owned utility or water supply or sewer service
122	122	corporation whose certificated area is located wholly or partly in
123	123	the district's territory, the rule of the district controls.
124	124	SECTION 3. The following provisions of the Special District
125	125	Local Laws Code are repealed:
126	126	(1) Subchapters A, B, and D, Chapter 8803;
127	127	(2) Sections 8803.101 and 8803.102;
128	128	(3) the heading to Subchapter C, Chapter 8803; and
129	129	(4) the heading to Chapter 8803.
130	130	SECTION 4. (a) On the effective date of this Act:
131	131	(1) the Starr County Groundwater Conservation
132	132	District is dissolved;
133	133	(2) the terms of the directors of the Starr County
134	134	Groundwater Conservation District expire;
135	135	(3) any assets and liabilities of the Starr County
136	136	Groundwater Conservation District are transferred to the Starr
137	137	County Drainage and Groundwater Conservation District;
138	138	(4) a contract with any party and the Starr County
139	139	Groundwater Conservation District is a contract between that party
140	140	and the Starr County Drainage and Groundwater Conservation
141	141	District;
142	142	(5) an employee of the Starr County Groundwater
143	143	Conservation District is an employee of the Starr County Drainage
144	144	and Groundwater Conservation District;
145	145	(6) records of the Starr County Groundwater
146	146	Conservation District are records of the Starr County Drainage and
147	147	Groundwater Conservation District; and
148	148	(7) the Starr County Drainage and Groundwater
149	149	Conservation District may, in all respects, conduct the affairs of
150	150	the Starr County Groundwater Conservation District as provided by
151	151	Subsection (b) of this section.
152	152	(b) The Starr County Drainage and Groundwater Conservation
153	153	District shall take any action necessary to close the affairs of the
154	154	Starr County Groundwater Conservation District, including the
155	155	filing of any dissolution documents with the Texas Commission on
156	156	Environmental Quality.
157	157	SECTION 5. (a) The legal notice of the intention to
158	158	introduce this Act, setting forth the general substance of this
159	159	Act, has been published as provided by law, and the notice and a
160	160	copy of this Act have been furnished to all persons, agencies,
161	161	officials, or entities to which they are required to be furnished
162	162	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
163	163	Government Code.
164	164	(b) The governor, one of the required recipients, has
165	165	submitted the notice and Act to the Texas Commission on
166	166	Environmental Quality.
167	167	(c) The Texas Commission on Environmental Quality has filed
168	168	its recommendations relating to this Act with the governor, the
169	169	lieutenant governor, and the speaker of the house of
170	170	representatives within the required time.
171	171	(d) All requirements of the constitution and laws of this
172	172	state and the rules and procedures of the legislature with respect
173	173	to the notice, introduction, and passage of this Act are fulfilled
174	174	and accomplished.
175	175	SECTION 6. This Act takes effect immediately if it receives
176	176	a vote of two-thirds of all the members elected to each house, as
177	177	provided by Section 39, Article III, Texas Constitution. If this
178	178	Act does not receive the vote necessary for immediate effect, this
179	179	Act takes effect September 1, 2025.