89R15414 ANG-F
By: Zaffirini S.B. No. 3054
A BILL TO BE ENTITLED
AN ACT
relating to the powers, duties, and governance of the Starr County
Drainage District, changing the name of the Starr County Drainage
District to the Starr County Drainage and Groundwater Conservation
District, and the dissolution and transfer of the Starr County
Groundwater Conservation District to the Starr County Drainage and
Groundwater Conservation District; authorizing the imposition of a
tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 6606, Special District Local Laws Code,
is transferred to Subtitle X, Special District Local Laws Code,
redesignated as Chapter 11022, Special District Local Laws Code,
and amended to read as follows:
CHAPTER 11022 [6606]. STARR COUNTY DRAINAGE AND GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 11022.0101 [6606.001]. DEFINITIONS. In this
chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Starr County Drainage and
Groundwater Conservation District.
Sec. 11022.0102 [6606.002]. NATURE OF DISTRICT. The
district is a drainage and groundwater conservation district
created in Starr County under Section 59, Article XVI, Texas
Constitution[, subject to approval at a confirmation election under
Section 6606.102].
Sec. 11022.0103 [6606.003]. FINDINGS OF BENEFIT AND
PURPOSE. (a) The district is created to serve a public use and
benefit.
(b) All land and other property included in the district
will benefit from the works and projects that are to be accomplished
by the district under powers conferred by Section 59, Article XVI,
Texas Constitution.
(c) The district is essential to accomplish the purposes of
Section 59, Article XVI, Texas Constitution.
Sec. 11022.0104 [6606.004]. DISTRICT TERRITORY. The
district territory is coextensive with the boundaries of Starr
County, Texas.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 11022.0201 [6606.051]. DIRECTORS. [(a)] The district
is governed by a board of five directors appointed by the
[consisting of the] Commissioners Court of Starr County as follows:
(1) one director who is a bona fide agricultural
producer for whom a substantial portion of the person's income is
derived from conducting agricultural business in the district;
(2) one director who is an employee of a rural water
supply entity in the district;
(3) one director who represents municipal interests in
the district;
(4) one director who represents active industrial
interests in the district; and
(5) one director who represents Starr County at-large.
[(b) Service on the board is an additional duty of office
for a member of the Commissioners Court of Starr County.]
SUBCHAPTER C. POWERS, [AND] DUTIES, AND FINANCIAL PROVISIONS
Sec. 11022.0301 [6606.101]. GENERAL POWERS AND DUTIES.
(a) The district has all rights, powers, privileges, functions,
and duties provided by the general law of this state applicable to a
drainage district created under Section 59, Article XVI, Texas
Constitution, including Chapters 36, 49, and 56, Water Code.
(b) The district may impose an ad valorem tax as provided by
Chapter 49, Water Code.
[Sec. 6606.102. CONFIRMATION ELECTION. (a) The board
shall hold an election to confirm the creation of the district.
[(b) Section 41.001(a), Election Code, does not apply to a
confirmation election under this section.
[(c) Except as provided by this section, the confirmation
election must be conducted as provided by Sections 49.102(a)-(f),
Water Code, and the Election Code.
[(d) The district is not required to elect directors at the
confirmation election.]
Sec. 11022.0302 [6606.103]. UTILITY PROPERTY EXEMPTION
FROM IMPACT FEES, STANDBY FEES, AND ASSESSMENTS. The district may
not impose an impact fee, standby fee, or assessment on the
property, including the equipment, rights-of-way, easements,
facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
SECTION 2. Sections 8803.103 and 8803.104, Special District
Local Laws Code, are transferred to Subchapter C, Chapter 11022,
Special District Local Laws Code, as added by this Act,
redesignated as Sections 11022.0303 and 11022.0304, Special
District Local Laws Code, and amended to read as follows:
Sec. 11022.0303 [8803.103]. POWER TO CONTRACT WITH
MUNICIPALITIES. The district may enter into a contract with a
municipality to assume the functions of the municipality's
municipally owned utility. A contract under this section may
include provisions for the district's:
(1) assumption of the debts, liabilities, and
obligations of the municipally owned utility;
(2) ownership or use of the assets and facilities of
the municipally owned utility; and
(3) performance of the functions and services
previously provided by the municipally owned utility.
Sec. 11022.0304 [8803.104]. RELATION TO OTHER
WATER-RELATED ENTITIES. (a) To the extent that a rule of the
district conflicts with a rule of the regional water authority, the
rule of the authority controls.
(b) To the extent that a rule of the district conflicts with
an action of a municipally owned utility or water supply or sewer
service corporation whose certificated area is located wholly or
partly in the district's territory, the action of the utility or
corporation controls.
(c) Notwithstanding Subsections (a) and (b), to the extent
that a rule of the district concerning groundwater conflicts with a
rule of the regional water authority or with an action of a
municipally owned utility or water supply or sewer service
corporation whose certificated area is located wholly or partly in
the district's territory, the rule of the district controls.
SECTION 3. The following provisions of the Special District
Local Laws Code are repealed:
(1) Subchapters A, B, and D, Chapter 8803;
(2) Sections 8803.101 and 8803.102;
(3) the heading to Subchapter C, Chapter 8803; and
(4) the heading to Chapter 8803.
SECTION 4. (a) On the effective date of this Act:
(1) the Starr County Groundwater Conservation
District is dissolved;
(2) the terms of the directors of the Starr County
Groundwater Conservation District expire;
(3) any assets and liabilities of the Starr County
Groundwater Conservation District are transferred to the Starr
County Drainage and Groundwater Conservation District;
(4) a contract with any party and the Starr County
Groundwater Conservation District is a contract between that party
and the Starr County Drainage and Groundwater Conservation
District;
(5) an employee of the Starr County Groundwater
Conservation District is an employee of the Starr County Drainage
and Groundwater Conservation District;
(6) records of the Starr County Groundwater
Conservation District are records of the Starr County Drainage and
Groundwater Conservation District; and
(7) the Starr County Drainage and Groundwater
Conservation District may, in all respects, conduct the affairs of
the Starr County Groundwater Conservation District as provided by
Subsection (b) of this section.
(b) The Starr County Drainage and Groundwater Conservation
District shall take any action necessary to close the affairs of the
Starr County Groundwater Conservation District, including the
filing of any dissolution documents with the Texas Commission on
Environmental Quality.
SECTION 5. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 6. 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, 2025.