Texas HB 5651: Relating to the creation of the Montgomery County Water Control and Improvement District No. 7; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Bill Text

89(R) HB 5651 - Enrolled version - Bill Text

  

  

  
 H.B. No. 5651

  

  

  

  

 AN ACT

  

 relating to the creation of the Montgomery County Water Control and 

  

 Improvement District No. 7; granting a limited power of eminent 

  

 domain; providing authority to issue bonds; providing authority to 

  

 impose assessments, fees, and taxes.

  

        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

  

        SECTION 1.  Subtitle I, Title 6, Special District Local Laws 

  

 Code, is amended by adding Chapter 9094 to read as follows:

  

 CHAPTER 9094.  MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT 

  

 DISTRICT NO. 7

  

 SUBCHAPTER A.  GENERAL PROVISIONS

  

        Sec. 9094.0101.  DEFINITIONS.  In this chapter:

  

              (1)  "Board" means the district's board of directors.

  

              (2)  "Commission" means the Texas Commission on 

  

 Environmental Quality.

  

              (3)  "Director" means a board member.

  

              (4)  "District" means the Montgomery County Water 

  

 Control and Improvement District No. 7.

  

        Sec. 9094.0102.  NATURE OF DISTRICT.  The district is a water 

  

 control and improvement district created under Section 59, Article 

  

 XVI, Texas Constitution.

  

        Sec. 9094.0103.  CONFIRMATION AND DIRECTOR ELECTION 

  

 REQUIRED.  The temporary directors shall hold an election to 

  

 confirm the creation of the district and to elect five permanent 

  

 directors as provided by Section 49.102, Water Code.

  

        Sec. 9094.0104.  CONSENT OF MUNICIPALITY REQUIRED. The 

  

 temporary directors may not hold an election under Section 

  

 9094.0103 until each municipality in whose corporate limits or 

  

 extraterritorial jurisdiction the district is located has 

  

 consented by ordinance or resolution to the creation of the 

  

 district and to the inclusion of land in the district as required by 

  

 applicable law.

  

        Sec. 9094.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT. 

  

 (a)  The district is created to serve a public purpose and benefit.

  

        (b)  The district is created to accomplish the purposes of:

  

              (1)  a water control and improvement district as 

  

 provided by general law and Section 59, Article XVI, Texas 

  

 Constitution, including the collection, transportation, 

  

 processing, disposal, and control of domestic, industrial, or 

  

 communal waste and the gathering, conducting, diverting, and 

  

 control of local stormwater or other harmful excesses of water; and

  

              (2)  Section 52, Article III, Texas Constitution, that 

  

 relate to the construction, acquisition, improvement, operation, 

  

 or maintenance of macadamized, graveled, or paved roads, or 

  

 improvements, including storm drainage, in aid of those roads.

  

        Sec. 9094.0106.  INITIAL DISTRICT TERRITORY.  (a)  The 

  

 district is initially composed of the territory described by 

  

 Section 2 of the Act enacting this chapter.

  

        (b)  The boundaries and field notes contained in Section 2 of 

  

 the Act enacting this chapter 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