Bill Text: TX HB3006 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the creation of the Trinity Bay Special Utility District and the powers and duties of the Trinity Bay Conservation District; providing authority to issue bonds; providing authority to impose assessments or fees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-27 - Motion withdrawn [HB3006 Detail]
Download: Texas-2021-HB3006-Comm_Sub.html
By: Middleton (Senate Sponsor - Creighton) | H.B. No. 3006 | |
(In the Senate - Received from the House May 10, 2021; | ||
May 12, 2021, read first time and referred to Committee on Water, | ||
Agriculture & Rural Affairs; May 21, 2021, reported favorably by | ||
the following vote: Yeas 8, Nays 0; May 21, 2021, sent to | ||
printer.) | ||
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relating to the creation of the Trinity Bay Special Utility | ||
District and the powers and duties of the Trinity Bay Conservation | ||
District; providing authority to issue bonds; providing authority | ||
to impose assessments or fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. TRINITY BAY SPECIAL UTILITY DISTRICT | ||
SECTION 1.01. Subtitle C, Title 6, Special District Local | ||
Laws Code, is amended by adding Chapter 7223 to read as follows: | ||
CHAPTER 7223. TRINITY BAY SPECIAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7223.0101. 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 Trinity Bay Special Utility | ||
District. | ||
Sec. 7223.0102. NATURE OF DISTRICT; FINDINGS OF BENEFIT AND | ||
PURPOSE. (a) The district is a special utility district created in | ||
Chambers and Jefferson Counties under Section 59, Article XVI, | ||
Texas Constitution. | ||
(b) The district is created to serve a public use and | ||
benefit. | ||
(c) The district is essential to accomplish the purposes of | ||
Section 59, Article XVI, Texas Constitution. | ||
Sec. 7223.0103. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 1, Chapter 282, Acts of the 51st Legislature, Regular | ||
Session, 1949, as that territory existed on September 1, 2021, | ||
including any modifications made before that date under: | ||
(1) Subchapter J, Chapter 49, Water Code; or | ||
(2) other law. | ||
(b) The boundaries and field notes contained in Section 1, | ||
Chapter 282, Acts of the 51st Legislature, Regular Session, 1949, | ||
form a closure. A mistake made in the field notes or in copying the | ||
field notes in the legislative process does not affect the | ||
district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; or | ||
(3) legality or operation. | ||
SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
Sec. 7223.0151. TEMPORARY DIRECTORS. (a) Not later than | ||
October 15, 2022, a temporary board of directors shall be appointed | ||
as follows: | ||
(1) three temporary directors appointed by the board | ||
of directors of the Trinity Bay Conservation District; and | ||
(2) two temporary directors appointed by the | ||
commissioners court of Chambers County. | ||
(b) A vacancy for a temporary director position shall be | ||
filled in the same manner as the initial appointment. | ||
Sec. 7223.0152. INITIAL DIRECTORS' ELECTION. Not later than | ||
September 1, 2023, the temporary directors shall hold an election | ||
to elect five directors. | ||
Sec. 7223.0153. INITIAL ELECTED DIRECTORS; TERMS. The | ||
directors elected under Section 7223.0152 shall draw lots to | ||
determine which two shall serve until the first regularly scheduled | ||
election of directors under Section 7223.0201 and which three shall | ||
serve until the second regularly scheduled election of directors. | ||
Sec. 7223.0154. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires September 1, 2025. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7223.0201. DIRECTORS. (a) The district is governed by | ||
a board of five elected directors. | ||
(b) To be eligible to serve as a director a person must | ||
reside in the district. | ||
(c) The board has all powers conferred on a board of | ||
directors under Chapter 65, Water Code. | ||
(d) Directors serve staggered terms of four years. | ||
(e) The Texas Commission on Environmental Quality may | ||
appoint a member of the board to fill a vacancy on the board. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7223.0301. GENERAL POWERS AND DUTIES. (a) Except as | ||
provided by Subsection (b), the district has all rights, powers, | ||
privileges, functions, and duties provided by the general law of | ||
this state applicable to a special utility district created under | ||
Section 59, Article XVI, Texas Constitution, including Chapters 49 | ||
and 65, Water Code. | ||
(b) The district may not perform a function that may be | ||
performed by a drainage district operating under Chapter 56, Water | ||
Code. | ||
ARTICLE 2. TRINITY BAY CONSERVATION DISTRICT | ||
SECTION 2.01. Chapter 282, Acts of the 51st Legislature, | ||
Regular Session, 1949, is amended by adding Section 1a to read as | ||
follows: | ||
Sec. 1a. (a) Except as provided by Subsection (b) of this | ||
section, 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. | ||
(b) The District may not perform the same function as a | ||
conservation and reclamation district whose territory overlaps | ||
with the territory of the District. | ||
SECTION 2.02. Sections 9(j) and (k), Chapter 282, Acts of | ||
the 51st Legislature, Regular Session, 1949, are amended to read as | ||
follows: | ||
(j) To regulate [ |
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only for drainage purposes, and the construction, replacement, and | ||
operation thereof, and to abate any obstructions or encroachments | ||
thereof, for the protection and enhancement of the health, safety | ||
and welfare of the residents of the District. | ||
(k) To require the owner of a sewer [ |
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other drain used only for drainage purposes who is [ |
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be in violation of the rules and regulations of the District to fill | ||
up, cleanse, drain, alter, relay, repair, fix, or improve the same | ||
as may be ordered or required by any rule or regulation of the | ||
District; and in the event of any failure, neglect, or refusal to | ||
comply with such rule or regulation, or in the event there be no | ||
person in the District on whom the order to comply with such rule or | ||
regulation can be served, the District may, after not less than 30 | ||
days written notice to said owner, by either personal service or | ||
certified mail, have such work done and such improvements made on | ||
account of the owner thereof. All costs, charges, and expenses | ||
incurred by the District in accomplishing said work shall be a lien | ||
on the property upon which said work is done, on the filing of a | ||
memorandum of such by the President of the Board of Directors under | ||
the seal of the District, and recording the same with the County | ||
Clerk of the county in which the property lies. The District may | ||
enforce said lien and institute suit in its name and obtain judgment | ||
against said owner for the amount so due as aforesaid in any Court | ||
having jurisdiction. | ||
SECTION 2.03. Section 13(a), Chapter 282, Acts of the 51st | ||
Legislature, Regular Session, 1949, is amended to read as follows: | ||
(a) The District may adopt and enforce reasonable rules and | ||
regulations to: | ||
(1) [ |
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[ |
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[ |
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controlled by the District; and | ||
(2) [ |
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easement owned or controlled by the District. | ||
SECTION 2.04. Sections 9(g), 9(h), and 11, Chapter 282, | ||
Acts of the 51st Legislature, Regular Session, 1949, are repealed. | ||
ARTICLE 3. TRANSITION AND NOTICE | ||
SECTION 3.01. (a) In this section: | ||
(1) "Conservation district" means the Trinity Bay | ||
Conservation District. | ||
(2) "Special utility district" means the Trinity Bay | ||
Special Utility District. | ||
(b) Not later than November 30, 2022, the conservation | ||
district and the special utility district shall enter into a | ||
memorandum of understanding regarding compensation to the | ||
conservation district for assets transferred under Subsection (c) | ||
of this section. | ||
(c) Not later than December 1, 2022, the conservation | ||
district shall: | ||
(1) transfer to the special utility district the | ||
conservation district's assets, debts, and contractual rights and | ||
obligations relating to the construction, acquisition, ownership, | ||
operation, maintenance, repair, improvement, and extension of | ||
facilities necessary to: | ||
(A) supply water for municipal uses, domestic | ||
uses, power and commercial purposes, and other beneficial uses; or | ||
(B) collect, transport, process, dispose of, | ||
store, and control domestic, industrial, or communal wastes whether | ||
in fluid, solid, or composite state; and | ||
(2) provide notice and make recordings of the | ||
transfers under this subsection as required by the Water Code, the | ||
Property Code, and other law. | ||
(d) On December 1, 2022, the powers, functions, and duties | ||
of the conservation district that may be exercised by the special | ||
utility district are transferred to the special utility district. | ||
(e) Following the transfer under Subsection (c) of this | ||
section: | ||
(1) Certificates of Convenience and Necessity | ||
Nos. 10997 and 20399 are considered to be held by the special | ||
utility district; and | ||
(2) the board of directors of the conservation | ||
district shall notify the Public Utility Commission of Texas of the | ||
transfer of Certificates of Convenience and Necessity Nos. 10997 | ||
and 20399 to the special utility district. | ||
(f) On receipt of notice under Subsection (e)(2) of this | ||
section, the Public Utility Commission of Texas shall note in its | ||
records that Certificates of Convenience and Necessity Nos. 10997 | ||
and 20399 are held by the special utility district and shall reissue | ||
the certificates in the name of the special utility 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. | ||
(g) The sale and transfer of the conservation district's | ||
assets, debts, and contractual rights and obligations under | ||
Subsection (c) of this section does not: | ||
(1) contravene a trust indenture or bond resolution | ||
relating to the district's outstanding bonds; or | ||
(2) diminish or impair the rights of a holder of an | ||
outstanding bond, warrant, or other obligation of the district. | ||
(h) Before December 1, 2022, the temporary board of | ||
directors of the special utility district: | ||
(1) may not take any regulatory action under Chapter | ||
49 or 65, Water Code; | ||
(2) shall adopt rules for the administration of the | ||
special utility district under Chapters 49 and 65, Water Code; and | ||
(3) may hire employees of the special utility | ||
district. | ||
SECTION 3.02. (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. | ||
ARTICLE 4. EFFECTIVE DATES | ||
SECTION 4.01. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2021. | ||
(b) Article 2 of this Act takes effect December 1, 2022. | ||
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