Bill Text: TX HB2105 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the territory and board of directors of the Bell County Water Control and Improvement District No. 1.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2019-05-24 - Effective on 9/1/19 [HB2105 Detail]
Download: Texas-2019-HB2105-Introduced.html
Bill Title: Relating to the territory and board of directors of the Bell County Water Control and Improvement District No. 1.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2019-05-24 - Effective on 9/1/19 [HB2105 Detail]
Download: Texas-2019-HB2105-Introduced.html
86R10783 SLB-F | ||
By: Shine | H.B. No. 2105 |
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relating to the territory and board of directors of the Bell County | ||
Water Control and Improvement District No. 1; creating a criminal | ||
offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 9005.001, Special District Local Laws | ||
Code, is amended by adding Subdivision (1-a) to read as follows: | ||
(1-a) "Director" means a member of the board of | ||
directors of the district. | ||
SECTION 2. Subchapter A, Chapter 9005, Special District | ||
Local Laws Code, is amended by adding Sections 9005.0025 and | ||
9005.0026 to read as follows: | ||
Sec. 9005.0025. BOARD. (a) The district is governed by a | ||
board of seven elected directors. | ||
(b) The district shall hold an election to elect the | ||
appropriate number of directors on the uniform election date in | ||
November of each even-numbered year. | ||
(c) The board shall divide the district into seven | ||
single-member director precincts that comply with the federal | ||
Voting Rights Act of 1965 (52 U.S.C. Sections 10101 and 10301 et | ||
seq.) with: | ||
(1) the precincts each containing an approximately | ||
equal number of voters; and | ||
(2) the population of the City of Killeen divided into | ||
three precincts composed only of residents of the City of Killeen. | ||
(d) The board may redraw the single-member director | ||
precincts in a manner that is reasonable and equitable: | ||
(1) after any change in the boundaries of the district | ||
or of the City of Killeen; or | ||
(2) by a resolution redrawing the director precincts | ||
adopted by a two-thirds majority of the board based on changed | ||
circumstances. | ||
Sec. 9005.0026. BOARD QUALIFICATIONS; REMOVAL. (a) | ||
Section 49.052, Water Code, does not apply to a director. | ||
(b) A person is disqualified from serving as a director if | ||
the person: | ||
(1) is a party to a contract with or along with the | ||
district except for the purchase of public services furnished by | ||
the district to the public generally; or | ||
(2) during the term of office, fails to maintain the | ||
qualifications required by law to serve as a director. | ||
(c) Within 60 days after the board determines a condition of | ||
disqualification exists, the board must replace the person serving | ||
as a member of the board with a person who would not be | ||
disqualified. | ||
(d) Any person who wilfully occupies an office as a member | ||
of a board and exercises the powers and duties of that office when | ||
disqualified is guilty of a misdemeanor and, on conviction, shall | ||
be fined not less than $100 nor more than $1,000. | ||
(e) A board by unanimous vote of its remaining members may | ||
remove a board member only if that board member has missed one-half | ||
or more of the regular meetings scheduled during the previous 12 | ||
months. Any board member so removed may file a written appeal with | ||
the commission within 30 days after receiving written notice of the | ||
board action. The commission may reinstate a removed director if | ||
the commission finds that the removal was unwarranted under the | ||
circumstances, including the reasons for absences, the time and | ||
place of the meetings missed, the business conducted at the | ||
meetings missed, and any other facts or circumstances the | ||
commission considers relevant. | ||
(f) Any rights obtained by any third party through official | ||
action of a board covered by this section are not impaired or | ||
affected by the disqualification under this section of any member | ||
of the board to serve, provided that the third party had no | ||
knowledge at the time the rights were obtained of the fact that the | ||
member of the board was disqualified to serve. | ||
SECTION 3. Sections 9005.003 and 9005.004, Special District | ||
Local Laws Code, are amended to read as follows: | ||
Sec. 9005.003. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Subsection (b) and Section | ||
1, Chapter 523, Acts of the 54th Legislature, Regular Session, 1955 | ||
(Article 8280-189, Vernon's Texas Civil Statutes), as that | ||
territory may have been modified under: | ||
(1) Subchapter J, Chapter 49, Water Code; | ||
(2) Subchapter O, Chapter 51, Water Code, before | ||
September 1, 1995; | ||
(3) former Section 4A, Chapter 523, Acts of the 54th | ||
Legislature, Regular Session, 1955 (Article 8280-189, Vernon's | ||
Texas Civil Statutes); or | ||
(4) other law. | ||
(b) Effective September 1, 2019, the territory of the | ||
district includes the following areas as those areas are legally | ||
described on that date: | ||
(1) the territory inside the corporate boundaries of: | ||
(A) the City of Harker Heights; | ||
(B) the City of Copperas Cove; | ||
(C) the City of Belton; and | ||
(D) the City of Killeen; | ||
(2) the service area of the 439 Water Supply | ||
Corporation; | ||
(3) the territory of the Bell County Water Control and | ||
Improvement District No. 3; and | ||
(4) the Bell County portion of the Fort Hood Military | ||
Reservation. | ||
Sec. 9005.004. ANNEXATION OF TERRITORY. (a) The [ |
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of whether to automatically annex to [ |
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district [ |
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Killeen or a political subdivision described by Section 9005.003(b) | ||
or to include territory added to the service area of the 439 Water | ||
Supply Corporation [ |
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already included in the district. | ||
(b) An automatic annexation authorized [ |
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(1) the annexed area assumes its pro rata share of all | ||
bonds, notes, or other obligations or taxes owed, contracted, or | ||
authorized by the district; and | ||
(2) that assumption is approved by a majority of the | ||
voters voting at an election held in the district territory as | ||
enlarged as a result of the annexation. | ||
SECTION 4. Subchapter B, Chapter 9005, Special District | ||
Local Laws Code, is amended by adding Section 9005.0515 to read as | ||
follows: | ||
Sec. 9005.0515. LIMITATION OF DISTRICT POWER. In the | ||
territory of the district that coincides with the territory of the | ||
Bell County Water Control and Improvement District No. 3, the | ||
powers of the district, including the power to issue bonds and | ||
exercise eminent domain, are limited to the powers necessary to | ||
provide wholesale water service. | ||
SECTION 5. (a) The Bell County Water Control and | ||
Improvement District No. 1 shall hold the first election to elect | ||
directors as described by Section 9005.0025, Special District Local | ||
Laws Code, as added by this Act, on the uniform election date in | ||
November 2020. | ||
(b) The terms of the directors serving on the board of | ||
directors of the Bell County Water Control and Improvement District | ||
No. 1 on the effective date of this Act expire on the date the | ||
directors elected under Subsection (a) of this section have | ||
qualified. A director elected to a term that expires in May 2020 | ||
serves until the director's successor has qualified after the | ||
November 2020 election. | ||
(c) At the first meeting of the board of directors of the | ||
Bell County Water Control and Improvement District No. 1 that | ||
follows the election held under Subsection (a) of this section, the | ||
directors shall draw lots to determine which four directors serve a | ||
term of four years and which three directors serve a term of two | ||
years. | ||
SECTION 6. (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 7. This Act takes effect September 1, 2019. |