Bill Text: TX SB976 | 2017-2018 | 85th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the dissolution of the Falls County Water Control and Improvement District No. 1.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Enrolled - Dead) 2017-06-09 - Effective immediately [SB976 Detail]

Download: Texas-2017-SB976-Comm_Sub.html
  By: Birdwell S.B. No. 976
  relating to the dissolution of the Falls County Water Control and
  Improvement District No. 1.
         SECTION 1.  DEFINITIONS. In this Act:
               (1)  "City" means the City of Marlin.
               (2)  "District" means the Falls County Water Control
  and Improvement District No. 1.
         SECTION 2.  LEGISLATIVE FINDINGS. The legislature finds
               (1)  the citizens of the district approved the creation
  of the district for the purpose of developing a flood control
               (2)  the district entered into an agreement with the
  city and other parties to acquire the property rights necessary for
  the construction of three flood retention structures that are
  related to the Brushy Creek reservoir and the district acquired
  those property rights;
               (3)  the district and the city expended public funds
  towards the completion of the project in accordance with the terms
  of the agreement between the parties, including approximately $3.5
  million spent by the city on the project as of the effective date of
  this Act;
               (4)  the city is relying on the Brushy Creek reservoir
  and the related flood control structures to meet future water
  supply needs;
               (5)  the board of the district voted to dissolve the
  district and the citizens of the district confirmed the intent to
  dissolve the district at an election, and the law is unclear on the
  disposition of the district's assets in the event of dissolution;
               (6)  the district's primary assets are the easements
  acquired under the terms of the agreement with revenue from
  taxation and those easements are essential to the completion of the
  Brushy Creek reservoir project by the city;
               (7)  the Brushy Creek reservoir is included in the 2017
  state water plan as a regional water supply source and should be
               (8)  the territory of the district will benefit by the
  completion of the reservoir; and
               (9)  in the interest of public health and welfare, to
  help ensure an adequate water supply for present and future needs,
  to fulfill the will of the citizens of the district to dissolve the
  district and end the collection of ad valorem taxes, and to secure
  the investment of public funds already incurred for the project,
  all assets and obligations of the district should be transferred to
  the city and the district dissolved.
  AND OBLIGATIONS. (a)  On the effective date of this Act, the
  district is dissolved and has no legal authority to take any action,
  and the transfer of the assets and obligations of the district to
  the city is authorized. The city bears the responsibility of:
               (1)  transferring the title of the assets of the
  district to the city; and
               (2)  assuming the obligations of the district.
         (b)  The county clerk of Falls County, the commissioners
  court of Falls County, and any district court with jurisdiction
  over a matter related to the provisions of this Act shall take
  notice of this Act as an authorization to transfer the title of the
  assets to the city and assume the obligations of the district on
  application or petition by the city.
         SECTION 4.  NOTICE.  (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 5.  EFFECTIVE DATE.  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.