HB3363 - Relating to the creation of certain regional conservation and reclamation districts.

  89R2670 MP-D     By: Canales H.B. No. 3363       A BILL TO BE ENTITLED   AN ACT   relating to the creation of certain regional conservation and   reclamation districts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 59.001(b), Water Code, is amended to   read as follows:          (b)  This chapter applies only in counties :                 (1)   with a population of at least 3.3 million or   bordering a county with a population of at least 3.3 million ; or                 (2)     located on an international border that have a   population of more than 400,000 and contain at least two   municipalities, each of which has a population of 70,000 or more .          SECTION 2.  Section 59.002(a), Water Code, is amended by   adding Subdivisions (4) and (5) to read as follows:                 (4)     "Water district" means a district created under   general law or a special Act operating under Chapter 36, 51, 55, 56,   58, or 65.                 (5)     "Commission" means the Texas Commission on   Environmental Quality.          SECTION 3.  Section 59.003, Water Code, is amended by   amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),   (a-4), and (e) to read as follows:          (a)   This subsection applies only to a district to be created   in a county described by Section 59.001(b)(1). A district may be   created by the commission pursuant to a petition submitted to the   commission as follows :                (1)   the  [ The ] boards of at least 20 percent of the   total number of municipal districts to be included in the proposed   district may jointly petition the commission for creation of a   district ; [ . The petition must describe the territory to be   included in the district and must include resolutions endorsing   creation of the district adopted by each municipal district to be   included in the district. ]                (2)   the  [ The ] owner or owners of 2,000 or more   contiguous acres may petition the commission for creation of a   district ; [ . ]                (3)   the  [ The ] commissioners courts of one or more   counties may petition the commission for the creation of a district   in any territory within the county ; or [ . ]                (4)   the  [ The ] governing body of any municipality   [ city ] may petition the commission for the creation of a district in   any territory within the municipality [ city ] or its   extraterritorial jurisdiction.           (a-1)  A petition described by Subsection (a)(1) must:                 (1)     describe the territory to be included in the   proposed district; and                 (2)     include resolutions endorsing the creation of the   proposed district adopted by each municipal district to be included   in the district.           (a-2)     This subsection applies only to a district to be   created in a county described by Section 59.001(b)(2).   A district   may be created by the commission pursuant to a petition submitted to   the commission as follows:                 (1)     the boards of at least 60 percent of the total   number of water districts to be included in the proposed district   may jointly petition the commission for the creation of a district   in any territory within the water districts;                 (2)     the commissioners courts of one or more counties   may petition the commission for the creation of a district in any   territory within the county;                 (3)     the governing body of one or more municipalities   may petition the commission for the creation of a district in any   territory within the municipality or its extraterritorial   jurisdiction; or                 (4)     the governing bodies of two or more water   districts, counties, or municipalities may jointly petition the   commission for the creation of a district.           (a-3)  A petition described by Subsection (a-2)(1) must:                 (1)     describe the territory to be included in the   proposed district; and                 (2)     include resolutions endorsing the creation of the   district adopted by each water district to be included in the   district.           (a-4)  A petition described by Subsection (a-2)(4) must:                 (1)     describe the territory to be included in the   proposed district; and                 (2)     include resolutions endorsing the creation of the   district adopted by each water district, county, or municipality to   be included in the district.           (e)     Notwithstanding Section 59.021(h), a petition for the   creation of a district submitted to the commission under Subsection   (a-2) must request that the board of the proposed district be   elected to represent a geographic area.   If the commission grants   the petition, the commission shall establish precincts from which   the directors are to be elected in accordance with that subsection   and designate polling locations inside the district.          SECTION 4.  Section 59.007(c), Water Code, is amended to   read as follows:          (c)  A copy of the order of the commission granting or   denying a petition shall be mailed to each municipality [ city ]   having extraterritorial jurisdiction in the county or counties in   which the district is to be located [ that has requested notice of   hearings as provided by Section 54.019 ].          SECTION 5.  Chapter 59, Water Code, is amended by adding   Subchapter A-1 to read as follows:   SUBCHAPTER A-1.   PROVISIONS APPLICABLE TO CERTAIN DISTRICTS           Sec.   59.0111.     APPLICABILITY. This subchapter applies only   to a district located wholly or partially in a county described by   Section 59.001(b)(2).           Sec.   59.0112.     PURPOSES. (a)     The creation of a district   must:                 (1)  serve a public use and benefit; and                 (2)     be essential to further the public purposes   described by this section.           (b)  A district may be created to:                 (1)     enhance water security through collaboration and   cooperation;                 (2)     coordinate regional solutions and consolidation   of areawide water and wastewater services to enhance efficiency by   streamlining operations and decision making;                 (3)     develop an areawide water supply and wastewater   system in order to encourage:                       (A)  efficient service delivery;                       (B)  cost-effective rate structures;                       (C)  expanded capacity;                       (D)  the use of innovative technologies; and                       (E)  improved management performance; and                 (4)  develop strategies that will:                       (A)  reduce loss and waste of water;                       (B)  improve efficiency in the use of water;                       (C)  increase recycling and reuse of water;                       (D)  provide a sustainable water supply; and                       (E)  provide for wastewater management.           (c)  A district shall:                 (1)     to improve reliability of the regional water   supply and reduce the vulnerability to drought, prioritize projects   that secure:                       (A)     reliable water supplies to cover the   projected water demands; or                       (B)  additional or new sources of water;                 (2)  improve efficiency by:                       (A)  streamlining operations;                       (B)     ensuring compliance with water quality   standards; and                       (C)  protecting existing water uses; and                 (3)     promote the public health, safety, and general   welfare of residents by:                       (A)  discouraging noncompliant water systems; or                       (B)  improving inefficient water systems.           Sec.   59.0113.     GENERAL POWERS. (a)     A district has all   powers necessary or incidental to exercise or implied by the   specific powers granted by this chapter.           (b)     A district may take any action necessary or appropriate   to accomplish the purposes of the district.           Sec.   59.0114.     IMPROVEMENT PROJECTS. (a)     Except as   otherwise provided by this chapter, a district may provide, design,   construct, acquire, improve, relocate, operate, maintain, or   finance an improvement project to accomplish the public purposes   stated in this chapter using any money available to the district.           (b)  A district may undertake an improvement project:                 (1)  inside the boundaries of the district; or                 (2)     in an area outside the district but adjacent to the   boundaries of the district if the project is for the purpose of   extending public infrastructure improvements beyond the district's   boundaries to a logical terminus to accomplish the public purposes   stated in this chapter.           (c)  An improvement project may consist of:                 (1) [Text truncated for display. Full text available on Congress.gov.]