HB5692 - Relating to the creation of the Palangana Energy District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

  89R22522 JTZ-F     By: Guillen H.B. No. 5692       A BILL TO BE ENTITLED     relating to the creation of the Palangana Energy District; 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 X, Title 6, Special District Local Laws   Code, is amended by adding Chapter 11023 to read as follows:   CHAPTER 11023.   PALANGANA ENERGY DISTRICT   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 11023.0101.  DEFINITIONS.  In this chapter:                 (1)  "Board" means the district's board of directors.                 (2)     "Commission"   means the Texas Commission on   Environmental Quality.                 (3)  "County" means Duval County.                 (4)  "Director" means a board member.                 (5)  "District" means the Palangana Energy District.           Sec.   11023.0102.     NATURE OF DISTRICT. The Palangana Energy   District is a conservation and reclamation district created under   Section 59, Article XVI, Texas Constitution.           Sec.   11023.0103.     PURPOSE; DECLARATION OF INTENT. (a) The   creation of the district is essential to accomplish the purposes of   Sections 52 and 52-a, Article III, and Section 59, Article XVI,   Texas Constitution, and other public purposes stated in this   chapter.           (b)     By creating the district, the legislature has   established a program to accomplish the public purposes set out in   Section 52-a, Article III, Texas Constitution.           Sec.   11023.0104.     FINDINGS OF BENEFIT AND PUBLIC PURPOSE.   (a)   The district is created to serve a public use and benefit.           (b)  The creation of the district is necessary to:                 (1)     accomplish essential public functions under the   constitution of this state that enhance energy security,   reliability, and resiliency in an environmentally responsible   manner;                 (2)     promote and diversify economic development and   commerce; and                 (3)     conserve, secure, and develop the natural energy   resources of this state for the benefit of the South Texas region   and this state.           (c)     The creation of the district is in the public interest   and is essential to further the public purposes of:                 (1)     developing and diversifying the economy of the   state;                 (2)  eliminating unemployment and underemployment; and                 (3)     developing or expanding transportation and   commerce.           (d)  The district will:                 (1)     promote the health, safety, and general welfare of   residents, employers, potential employees, employees, visitors,   and consumers in the district, and of the public;                 (2)     provide needed funding for the district to   preserve, maintain, and enhance the economic health and vitality of   the district territory as a community and business center;                 (3)     promote the health, safety, welfare, and enjoyment   of the public by providing pedestrian ways and by landscaping and   developing certain areas in the district, which are necessary for   the restoration, preservation, and enhancement of scenic beauty;   and                 (4)     provide for water, wastewater, drainage, road, and   recreational facilities for the district.           (e)     Pedestrian ways along or across a street, whether at   grade or above or below the surface, and street lighting, street   landscaping, parking, and street art objects are parts of and   necessary components of a street and are considered to be a street   or road improvement.           (f)     The district will not act as the agent or   instrumentality of any private interest even though the district   will benefit many private interests as well as the public.           Sec.   11023.0105.     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 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 bonds for the purposes   for which the district is created or to pay the principal of and   interest on the bonds;                 (3)  right to impose or collect an assessment or tax; or                 (4)  legality or operation.           Sec.   11023.0106.     APPLICABILITY OF MUNICIPAL MANAGEMENT   DISTRICTS LAW. Except as otherwise provided by this chapter,   Chapter 375, Local Government Code, applies to the district.           Sec.   11023.0107.     CONSTRUCTION OF CHAPTER. This chapter   shall be liberally construed in conformity with the findings and   purposes stated in this chapter.   SUBCHAPTER B. BOARD OF DIRECTORS           Sec.   11023.0201.     GOVERNING BODY; TERMS.   (a)   The district   is governed by a board of five directors.           (b)     The commission appoints the directors to positions   numbered one through five.           (c)  Directors serve staggered four-year terms.           (d)     The commission shall appoint directors from persons   recommended by the board.           (e)     The board by resolution may change the number of   directors on the board, but only if the board determines that the   change is in the best interest of the district.   The board may not   consist of fewer than 5 or more than 11 directors.           Sec.   11023.0202.     ELIGIBILITY TO SERVE AS DIRECTOR. (a) A   director must meet the requirements provided by Section 375.063,   Local Government Code.           (b)     A person who owns a partnership interest, whether   general or limited, or who has a lease with a remaining term of 30   years or more, excluding options, is considered to be an owner of   land for purposes of this chapter.           (c)     A person who qualifies to serve on the board is   qualified to serve as a director and participate in all votes   pertaining to the business of the district.           Sec.   11023.0203.     VACANCIES.     Any vacancy occurring on the   board shall be filled for the unexpired term by appointment in the   manner in which the vacating director was appointed.           Sec.   11023.0204.     REMOVAL OF DIRECTOR. The commission may   remove a director for misconduct or failure to carry out the   director's duties after a petition by a majority of the other   directors.           Sec.   11023.0205.     COMPENSATION; REIMBURSEMENT. A director   is not entitled to compensation for service on the board but is   entitled to be reimbursed for necessary expenses incurred in   carrying out the duties and responsibilities of a director.           Sec.   11023.0206.     INITIAL DIRECTORS. (a) On or after the   effective date of the Act enacting this chapter, the owner or owners   of a majority of the assessed value of the real property in the   district according to the most recent certified tax appraisal roll   for the county may submit a petition to the commission requesting   that the commission appoint as initial directors the five persons   named in the petition.   The commission shall appoint as initial   directors the five persons named in the petition.           (b)     Each initial director serves until the date a successor   permanent director is appointed in the manner provided by Section   11023.0201.   The commission may appoint an initial director to   serve as a permanent director if the initial director is eligible to   serve under Section 11023.0202.           Sec.   11023.0207.     OFFICERS. At the first meeting of the   board after May 1 of each year, the board shall elect officers for   the district, including a chair, vice chair, secretary, and   treasurer.           Sec.   11023.0208.     MEETINGS AND ACTIONS OF BOARD; QUORUM.   (a)     The board may meet as many times each year as the board   considers appropriate.           (b)     A majority of the membership of the board constitutes a   quorum at a meeting of the board.           (c)     A concurrence of a majority of the directors present and   voting is sufficient for transacting any business of the district   unless other applicable law, or the district by rule, requires a   concurrence of a greater number of directors for a specific type of   decision.   SUBCHAPTER C. POWERS AND DUTIES           Sec.   11023.0301.     GENERAL POWERS AND DUTIES. (a)   The   district has the powers and duties necessary to accomplish the   purposes for which the district is created.           (b)     The district may sell, lease, convey, or otherwise   dispose of any right, interest, or property the district considers   to be unnecessary for the efficient operation or maintenance of the   district's facilities.           Sec.   11023.0302.     IMPROVEMENT PROJECTS AND SERVICES. (a)   The district, using any money available to the district for the   purpose, may provide, design, construct, acquire, improve,   relocate, operate, maintain, or finance an improvement project or   service authorized under this chapter or Chapter 375, Local   Government Code.           (b)     The district may contract with a governmental or private   entity to carry out an action under Subsection (a).             (c)     The implementation of a district project or service is a   governmental function or service for the purposes of Chapter 791,   Government Code.           Sec.   11023.0303.     ADDITIONAL INFRASTRUCTURE POWERS. (a) The   district may acquire, purchase, own, hold, lease, construct,   operate, repair, improve, maintain, extend, develop, and finance:                 (1)     groundwater wells or other sources of water   supply;                 (2)  water and wastewater works;                 (3)  drainage;                 (4)  road improvements;                 (5)     salt cavern solution mining and storage   facilities;                 (6)     facilities relating to the production,   transmission, [Text truncated for display. Full text available on Congress.gov.]