HBA-NMO H.B. 3401 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3401 By: Hardcastle Natural Resources 4/13/1999 Introduced BACKGROUND AND PURPOSE Wilbarger County in Northwest Texas, because of its terrain and soil composition, is subject to flooding in times of heavy rains and thunderstorms. A stormwater control district may be needed to further county efforts in stormwater management. H.B. 3401 creates the Wilbarger County Stormwater Control District, subject to voter approval. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. CREATION; LEGISLATIVE DECLARATION. Creates a conservation and reclamation district to be known as the Wilbarger County Stormwater Control District (district), subject to approval at a confirmation election under Section 9 of this Act. Provides that the district is a governmental agency and a body politic and corporate. Provides that the district is created under and is essential to the accomplishment of the purposes of Section 59, Article XVI, Texas Constitution (Conservation and Development of Natural Resources; Conservation and Reclamation Districts). SECTION 2. DEFINITION. Defines "district." SECTION 3. BOUNDARIES. Provides that the boundaries of the district are coextensive with the boundaries of Wilbarger County, Texas. SECTION 4. FINDINGS RELATING TO BOUNDARIES. Provides that the legislature finds that the boundaries of the district form a closure. SECTION 5. FINDING OF BENEFIT. Sets forth finding of benefit. SECTION 6. POWERS. Provides that the district has all the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapter 49 (Provisions Applicable to All Districts) and 66 (Stormwater Control Districts), Water Code, applicable to stormwater control districts. Provides that the district has all the rights, powers, privileges, authority, functions, and duties provided by Chapter 56 (Drainage Districts), Water Code. Provides that this Act prevails over any provision of general law that is in conflict or inconsistent with this Act. Provides that Chapter 66 prevails, if there is conflict between Chapters 56 and 66. Provides that the rights, powers, privileges, authority, functions, and duties of the district are subject to the continuing right of supervision of the state to be exercised by and through the Texas Natural Resource Conservation Commission (TNRCC). SECTION 7. BOARD OF DIRECTORS. Provides that the district is governed by a board of five directors. Provides that temporary directors serve until initial directors are elected under Section 9 of this Act, and initial directors serve until permanent directors are elected under Section 10 of this Act. Provides that permanent directors serve staggered four-year terms. Provides that each director must qualify to serve as director in the manner provided by Section 49.055 (Sworn Statement, Bond, and Oath of Office), Water Code. SECTION 8. TEMPORARY DIRECTORS. Sets forth the composition of the temporary board of directors. Requires the temporary directors who have qualified for office, if a temporary director fails to qualify, to appoint a person to fill the vacancy. Requires TNRCC, if at any time there are fewer than five qualified temporary directors for any other reason, to appoint the necessary number of persons to fill all the vacancies on the board. Requires the temporary directors, as soon as all have qualified, to meet and elect a chairman and vice chairman from among their membership and other officers as necessary. SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Requires the temporary board of directors to call and hold an election to confirm the establishment of the district and to elect five initial directors as provided by Chapter 49, Water Code. Provides that Subsection (a), Section 41.001 (Uniform Election Dates), Election Code, does not apply to a confirmation election under this section. Provides that this Act expires on the fourth anniversary of the effective date, if the establishment of the district has not been confirmed at an election held under this section before that date. SECTION 10. ELECTION OF DIRECTORS. Sets forth the election procedure for directors. SECTION 11. ADDITIONAL POWERS. Sets forth additional powers of the district regarding the issuance of bonds and the acquisition and leasing of land. SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. Sets forth findings relating to procedural requirements. SECTION 13.Emergency clause. Effective date: upon passage.