Bill Text: TX HB1820 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Liberty County Drainage District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes; granting a limited power of eminent domain.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-05-29 - Effective immediately [HB1820 Detail]
Download: Texas-2019-HB1820-Enrolled.html
| H.B. No. 1820 | ||
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| relating to the creation of the Liberty County Drainage District; | ||
| providing authority to issue bonds; providing authority to impose | ||
| assessments, fees, or taxes; granting a limited power of eminent | ||
| domain. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 6, Special District Local Laws | ||
| Code, is amended by adding Chapter 6616 to read as follows: | ||
| CHAPTER 6616. LIBERTY COUNTY DRAINAGE DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 6616.0101. 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 Liberty County Drainage | ||
| District. | ||
| Sec. 6616.0102. NATURE OF DISTRICT. The district is a | ||
| drainage district created in Liberty County under Section 59, | ||
| Article XVI, Texas Constitution, subject to approval at a | ||
| confirmation election under Section 6616.0152. | ||
| Sec. 6616.0103. 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. 6616.0104. DISTRICT TERRITORY. The district territory | ||
| is coextensive with the boundaries of Liberty County, Texas. | ||
| SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
| Sec. 6616.0151. DEFINITION. In this subchapter, "existing | ||
| district" means Liberty County Drainage District No. 4, Old River | ||
| Drainage District 1-Liberty County, or Raywood Drainage District 2. | ||
| Sec. 6616.0152. CONFIRMATION ELECTION. (a) Before | ||
| September 1, 2022, the temporary directors shall hold an election | ||
| to confirm the creation of the district in accordance with Chapters | ||
| 49 and 56, 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. A confirmation election must be held as | ||
| provided by Section 41.001(a), Election Code. | ||
| Sec. 6616.0153. TRANSFER OF ASSETS; DISSOLUTION. (a) If the | ||
| creation of the district is confirmed under Section 6616.0152, each | ||
| existing district shall transfer the assets, debts, and contractual | ||
| rights and obligations of that existing district to the district. | ||
| (b) Not later than the 30th day after the date of the | ||
| transfer under Subsection (a), the board of directors of each | ||
| existing district shall commence dissolution proceedings of the | ||
| existing district that board of directors represents. | ||
| (c) The board of directors of the district shall notify the | ||
| Texas Commission on Environmental Quality of the dissolution of | ||
| each existing district. | ||
| Sec. 6616.0154. EXPIRATION OF SUBCHAPTER. This subchapter | ||
| expires September 1, 2023. | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 6616.0201. DIRECTORS. (a) The district is governed by | ||
| a board of five directors appointed by the Commissioners Court of | ||
| Liberty County as follows: | ||
| (1) one director from each of the four county | ||
| commissioners precincts; and | ||
| (2) one director at large. | ||
| (b) To be eligible to serve as a director a person must | ||
| reside in Liberty County and: | ||
| (1) be a qualified voter in the district; or | ||
| (2) own land that is taxable in the district. | ||
| (c) The board has all powers conferred on a board of | ||
| directors under Chapter 56, Water Code. | ||
| (d) Directors serve staggered terms of four years except for | ||
| initial directors, two of whom serve two-year terms as agreed on by | ||
| the initial directors. | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 6616.0301. GENERAL POWERS AND DUTIES. 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 49 and 56, Water Code. | ||
| SECTION 2. Chapter 52, Acts of the 57th Legislature, 1st | ||
| Called Session, 1961, is repealed. | ||
| 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) If this Act does not receive a two-thirds | ||
| vote of all the members elected to each house, Subchapter C, Chapter | ||
| 6616, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 6616.0302 to read as follows: | ||
| Sec. 6616.0302. 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 5. If the creation of the district is not confirmed | ||
| at a confirmation election held under Section 1 of this Act before | ||
| September 1, 2022, this Act and Chapter 6616, Special District | ||
| Local Laws Code, as added by this Act, expire on that date. | ||
| 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, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1820 was passed by the House on April | ||
| 11, 2019, by the following vote: Yeas 138, Nays 4, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1820 was passed by the Senate on May | ||
| 15, 2019, by the following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
