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.