Bill Text: TX HB4327 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the creation of the Southwest Travis County Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain; providing authority to impose fees and assessments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-24 - Recommendations filed with the Speaker [HB4327 Detail]
Download: Texas-2017-HB4327-Introduced.html
85R17870 GRM-F | ||
By: Workman | H.B. No. 4327 |
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relating to the creation of the Southwest Travis County Special | ||
Utility District; providing authority to issue bonds; granting a | ||
limited power of eminent domain; providing authority to impose fees | ||
and assessments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 7221 to read as follows: | ||
CHAPTER 7221. SOUTHWEST TRAVIS COUNTY SPECIAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7221.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commissioners court" means the Travis County | ||
Commissioners Court. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Southwest Travis County | ||
Special Utility District. | ||
Sec. 7221.002. NATURE OF DISTRICT. The district is a | ||
special utility district in Travis County created under and | ||
essential to accomplish the purposes of Section 59, Article XVI, | ||
Texas Constitution. The district is created to serve a public use | ||
and benefit. | ||
Sec. 7221.003. CONFIRMATION ELECTION REQUIRED. If the | ||
creation of the district is not confirmed at a confirmation and | ||
initial directors' election held before September 1, 2019: | ||
(1) the district is dissolved on September 1, 2019, | ||
except that the district shall: | ||
(A) pay any debts incurred; | ||
(B) transfer to Travis County any assets of the | ||
district that remain after the payment of debts; and | ||
(C) maintain the organization of the district | ||
until all debts are paid and remaining assets are transferred; and | ||
(2) this chapter expires September 1, 2022. | ||
Sec. 7221.004. APPLICABILITY OF OTHER LAW. Except as | ||
otherwise provided by this chapter, Chapters 49 and 65, Water Code, | ||
apply to the district. | ||
Sec. 7221.005. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act creating this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act creating this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect: | ||
(1) the organization, existence, or validity of the | ||
district; | ||
(2) the right of the district to issue any type of | ||
bond, including a refunding bond, for a purpose for which the | ||
district is created or to pay the principal of and interest on a | ||
bond; or | ||
(3) the legality or operation of the district or the | ||
board of directors of the district. | ||
SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
Sec. 7221.021. APPOINTMENT OF TEMPORARY DIRECTORS; | ||
VACANCIES; TERMS. (a) As soon as practicable after the effective | ||
date of the Act enacting this chapter, seven persons who reside in | ||
the district shall be appointed as temporary directors as follows: | ||
(1) the county judge of Travis County shall appoint | ||
one temporary director; | ||
(2) the county commissioner for the county | ||
commissioners precinct in which the district is principally located | ||
shall appoint two temporary directors; | ||
(3) the state representative who represents the house | ||
district in which the district is principally located shall appoint | ||
two temporary directors; and | ||
(4) the state senator who represents the senate | ||
district in which the district is principally located shall appoint | ||
two temporary directors. | ||
(b) Each temporary director shall qualify for office as | ||
provided by Section 49.055, Water Code. | ||
(c) If a temporary director fails to qualify for office, the | ||
temporary directors who have qualified shall appoint a person to | ||
fill the vacancy. | ||
(d) If at any time there are fewer than four qualified | ||
temporary directors, the Texas Commission on Environmental Quality | ||
shall appoint the necessary number of directors to fill all | ||
vacancies on the board. | ||
(e) Temporary directors serve until the earlier of: | ||
(1) the date initial directors are elected under | ||
Section 7221.022; or | ||
(2) the date this chapter expires under Section | ||
7221.003. | ||
(f) As soon as practicable after all the temporary directors | ||
have qualified under Section 49.055, Water Code, the temporary | ||
directors shall convene the organizational meeting of the district | ||
and elect officers from among the temporary directors. | ||
Sec. 7221.022. CONFIRMATION AND INITIAL DIRECTORS' | ||
ELECTION. (a) Before September 1, 2019, the temporary directors | ||
shall hold an election to confirm the creation of the district and | ||
to elect seven initial directors in accordance with Chapters 49 and | ||
65, Water Code. | ||
(b) The temporary board of directors shall determine the | ||
method for determining the initial term of each person on the | ||
initial board of directors. The terms must be clearly stated on the | ||
ballot for the confirmation and directors' election. | ||
(c) Section 41.001(a), Election Code, does not apply to a | ||
confirmation and directors' election held as provided by this | ||
section. | ||
(d) The initial directors shall continue to serve until the | ||
district directors elected at the first regularly scheduled | ||
election of directors under Section 7221.052 qualify for office. | ||
Sec. 7221.023. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires September 1, 2022. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7221.051. DIRECTORS. (a) The district shall be | ||
governed by a board of seven directors, elected in accordance with | ||
Section 65.103, Water Code. | ||
(b) The directors of the district serve staggered | ||
three-year terms. | ||
Sec. 7221.052. ELECTION OF DIRECTORS. After the district | ||
is confirmed under Section 7221.022, the district shall hold an | ||
election on the uniform election date in November of each year to | ||
elect the appropriate number of directors. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7221.101. GENERAL POWERS. Except as otherwise | ||
provided by this chapter, the district has all of the rights, | ||
powers, privileges, authority, functions, and duties provided by | ||
the general law of this state, including Chapters 49 and 65, Water | ||
Code, applicable to special utility districts created under Section | ||
59, Article XVI, Texas Constitution. | ||
Sec. 7221.102. EMINENT DOMAIN. (a) Except as provided by | ||
Subsection (b), the district has all the power and authority of a | ||
special utility district under Chapters 49 and 65, Water Code, to | ||
acquire by condemnation any land, easement, or other property | ||
located inside or outside the boundaries of the district for any | ||
water-related district project or purpose. | ||
(b) The district may not exercise the power of eminent | ||
domain to condemn land, easements, or other property located | ||
outside the boundaries of the district for sanitary sewer purposes. | ||
SUBCHAPTER D. DISSOLUTION | ||
Sec. 7221.151. DISSOLUTION HEARING AND BOARD VOTE TO | ||
DISSOLVE. The board may vote to dissolve the district and transfer | ||
the district's assets, obligations, and responsibility for the | ||
provision of services to a water control and improvement district | ||
if the board concludes after a public hearing held on the issue | ||
that: | ||
(1) it is in the best interest of the district's | ||
residents and of the persons served by the district for the district | ||
to dissolve; and | ||
(2) it is feasible to transfer the district's assets, | ||
obligations, and responsibility for the provision of services to | ||
another entity as provided by Section 7221.152. | ||
Sec. 7221.152. TRANSFER OF ASSETS, OBLIGATIONS, AND | ||
PROVISION OF SERVICES. (a) The board after voting in favor of | ||
dissolution shall: | ||
(1) transfer the district's assets and obligations to | ||
a water control and improvement district; and | ||
(2) administer the property, assets, and debts of the | ||
district until all money has been disposed of and all district debts | ||
have been paid or settled. | ||
(b) The board shall make arrangements for the uninterrupted | ||
provision of services that were provided by the district at the time | ||
the board voted in favor of dissolution. | ||
Sec. 7221.153. REPORT; DISSOLUTION ORDER. (a) After the | ||
district has transferred all of the district's assets and | ||
obligations and arranged for the continued provision of services | ||
previously provided by the district, the board shall file a written | ||
report with the Texas Commission on Environmental Quality | ||
summarizing the board's actions in dissolving the district. | ||
(b) Not later than the 10th day after the date the Texas | ||
Commission on Environmental Quality receives the report and | ||
determines that the requirements of this subchapter have been | ||
fulfilled, the commission shall enter an order dissolving the | ||
district. | ||
SECTION 2. The Southwest Travis County Special Utility | ||
District initially includes all the territory contained in the | ||
following area, except that the district does not include territory | ||
located in the service area of a utility that has been granted a | ||
certificate of convenience and necessity to provide water, in the | ||
boundaries of a municipality or the extraterritorial jurisdiction | ||
of a municipality, or in a municipal utility district, special | ||
utility district, or water control and improvement district in | ||
existence on the effective date of this Act: | ||
THE TERRITORY OF THE SOUTHWEST TRAVIS COUNTY PORTION OF THE | ||
HILL COUNTRY PRIORITY GROUNDWATER MANAGEMENT AREA - AS DESCRIBED BY | ||
2010 TCEQ REPORT; "The southwestern Travis territory is located in | ||
the southwestern quarter of Travis County. The southwestern Travis | ||
territory is bound to the west by Blanco and Burnet counties, | ||
southwest by Hays County, and southeast by the northwestern | ||
boundary of the Barton Springs/Edwards Aquifer Conservation | ||
District (BS/EACD). The northern boundary of the southwestern | ||
Travis territory is the Colorado River (Lake Travis, Lake Austin, | ||
and Lady Bird Lake)." | ||
SECTION 3. (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 4. (a) Section 7221.102, Special District Local | ||
Laws Code, as added by Section 1 of this Act, takes effect only if | ||
this Act receives a two-thirds vote of all the members elected to | ||
each house. | ||
(b) If this Act does not receive a two-thirds vote of all the | ||
members elected to each house, Subchapter C, Chapter 7221, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by adding Section 7221.102 to read as follows: | ||
Sec. 7221.102. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(c) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. 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, 2017. |