Bill Text: TX HB5303 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Springs Hill Special Utility District; authorizing a fee; granting the power of eminent domain.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-09 - Effective on 9/1/23 [HB5303 Detail]
Download: Texas-2023-HB5303-Comm_Sub.html
Bill Title: Relating to the creation of the Springs Hill Special Utility District; authorizing a fee; granting the power of eminent domain.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-09 - Effective on 9/1/23 [HB5303 Detail]
Download: Texas-2023-HB5303-Comm_Sub.html
88R24686 LRM-F | |||
By: Kuempel | H.B. No. 5303 | ||
Substitute the following for H.B. No. 5303: | |||
By: King of Uvalde | C.S.H.B. No. 5303 |
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relating to the creation of the Springs Hill Special Utility | ||
District; authorizing a fee; granting the power of eminent domain. | ||
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 7208 to read as follows: | ||
CHAPTER 7208. SPRINGS HILL SPECIAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7208.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Corporation" means the Springs Hill Water Supply | ||
Corporation. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Springs Hill Special Utility | ||
District. | ||
Sec. 7208.0102. NATURE OF DISTRICT. The district is a | ||
special utility district in Guadalupe and Wilson Counties 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. 7208.0103. CONFIRMATION ELECTION REQUIRED. If the | ||
creation of the district is not confirmed at a confirmation and | ||
initial directors' election held before September 1, 2026: | ||
(1) the district is dissolved on September 1, 2026, | ||
except that the district shall: | ||
(A) pay any debts incurred; | ||
(B) transfer to Guadalupe or Wilson County, as | ||
appropriate, 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, 2027. | ||
Sec. 7208.0104. APPLICABILITY OF OTHER LAW. Except as | ||
otherwise provided by this chapter, Chapters 49 and 65, Water Code, | ||
apply to the district. | ||
Sec. 7208.0105. INITIAL DISTRICT TERRITORY. The district's | ||
boundaries are coextensive with the boundaries of the territory | ||
that is described by Certificate of Convenience and Necessity | ||
No. 10666 as it existed on the effective date of the Act enacting | ||
this section. | ||
SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
Sec. 7208.0151. TEMPORARY DIRECTORS. (a) The temporary | ||
board of directors of the district is composed of: | ||
(1) James Martin; | ||
(2) Irene Moreno-Ybarra; | ||
(3) Bernard Mueller; | ||
(4) Deborah Magin; | ||
(5) Keith Steffen; and | ||
(6) Michael Andrews. | ||
(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. 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. | ||
(d) Temporary directors serve until the earlier of: | ||
(1) the date initial directors are elected under | ||
Section 7208.0152; or | ||
(2) the date this chapter expires under Section | ||
7208.0103. | ||
Sec. 7208.0152. CONFIRMATION AND INITIAL DIRECTORS' | ||
ELECTION. (a) Before September 1, 2026, the temporary directors | ||
shall hold an election to confirm the creation of the district and | ||
to elect six 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 qualify for office. | ||
Sec. 7208.0153. TRANSFER OF ASSETS; DISSOLUTION. (a) If the | ||
creation of the district is confirmed under Section 7208.0152, the | ||
corporation shall transfer the assets, debts, and contractual | ||
rights and obligations of the corporation to the district. | ||
(b) Following the transfer under Subsection (a): | ||
(1) the board of directors of the corporation shall | ||
commence dissolution proceedings of the corporation; | ||
(2) Certificate of Convenience and Necessity No. 10666 | ||
is considered to be held by the district; and | ||
(3) the board of directors of the corporation shall | ||
notify: | ||
(A) the Texas Commission on Environmental | ||
Quality of the dissolution of the corporation; and | ||
(B) the Public Utility Commission of Texas of the | ||
transfer of Certificate of Convenience and Necessity No. 10666 to | ||
the district. | ||
(c) On receipt of notice under Subsection (b)(3)(B), the | ||
Public Utility Commission of Texas shall note in its records that | ||
Certificate of Convenience and Necessity No. 10666 is held by the | ||
district and shall reissue the certificate in the name of the | ||
district without further application, notice, or hearing. A | ||
person, party, or entity does not have any right of protest, | ||
objection, or administrative review of the transfer prescribed by | ||
this section. | ||
Sec. 7208.0154. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires September 1, 2027. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7208.0201. DIRECTORS. The district shall be governed | ||
by a board of not fewer than 5 and not more than 11 directors, | ||
elected in accordance with Section 65.103, Water Code. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7208.0301. 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. 7208.0302. WATER SERVICE IMPACT FEE. (a) The district | ||
may charge an initial water service impact fee that is not greater | ||
than the impact fee charged by the corporation on September 1, 2023, | ||
under the corporation's tariff. | ||
(b) Chapter 395, Local Government Code, does not apply to an | ||
initial water service impact fee set under Subsection (a). | ||
(c) The district may amend the water service impact fee | ||
authorized under Subsection (a) only as provided by Chapter 395, | ||
Local Government Code, as approved by the Texas Commission on | ||
Environmental Quality, or as otherwise provided by law. | ||
SECTION 2. (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 3. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
7208, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7208.0303 to read as follows: | ||
Sec. 7208.0303. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(b) 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 4. This Act takes effect September 1, 2023. |