Bill Text: TX SB1890 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to procedures for the dissolution of the Hidalgo County Water Improvement District No. 3.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-16 - Committee report sent to Calendars [SB1890 Detail]
Download: Texas-2013-SB1890-Introduced.html
Bill Title: Relating to procedures for the dissolution of the Hidalgo County Water Improvement District No. 3.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2013-05-16 - Committee report sent to Calendars [SB1890 Detail]
Download: Texas-2013-SB1890-Introduced.html
83R21957 SGA-F | ||
By: Hinojosa | S.B. No. 1890 |
|
||
|
||
relating to procedures for the dissolution of the Hidalgo County | ||
Water Improvement District No. 3. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. DEFINITIONS. In this Act: | ||
(1) "City" means a municipality described by Section 2 | ||
of this Act. | ||
(2) "City council" means the governing body of a city. | ||
(3) "District" means the Hidalgo County Water | ||
Improvement District No. 3. | ||
(4) "District board" means the district's board of | ||
directors. | ||
SECTION 2. DISTRICT AND MUNICIPALITY TO WHICH ACT IS | ||
APPLICABLE. This Act applies only to: | ||
(1) the district; and | ||
(2) a municipality that: | ||
(A) has a population greater than 100,000; and | ||
(B) contained on April 1, 2013, within its | ||
corporate boundaries or extraterritorial jurisdiction more than | ||
half of the district's territory. | ||
SECTION 3. DISSOLUTION OF DISTRICT; FINDINGS PREREQUISITE | ||
TO MOTION TO TRANSFER. (a) The district is dissolved on the date a | ||
transfer ordinance adopted pursuant to Section 6 of this Act takes | ||
effect under Section 8 of this Act. | ||
(b) At a regularly scheduled meeting of the city council, a | ||
city may propose an ordinance to allow the city to accept a transfer | ||
of the obligations, liabilities, and assets of the district if the | ||
city council finds that as of the date of the meeting: | ||
(1) at least 80 percent of the raw water diverted by | ||
the district in the preceding 12 months was diverted for use by the | ||
city; | ||
(2) the city is capable of assuming all rights and | ||
obligations of the district; | ||
(3) the city is capable of assuming responsibility for | ||
operating the district's facilities to benefit the district's | ||
existing customers and performing the services and functions | ||
performed by the district; | ||
(4) dissolution of the district will result in an | ||
overall cost savings to city residents; and | ||
(5) dissolution of the district will result in a more | ||
stable water supply for residents of the city and surrounding | ||
communities. | ||
SECTION 4. HEARING REQUIRED. (a) Before a city may hold an | ||
election under Section 5 of this Act or propose an ordinance | ||
described by Section 6 of this Act, the city must conduct a public | ||
hearing on the issue. | ||
(b) Notice of the public hearing must be: | ||
(1) posted in accordance with the laws that apply to | ||
regular meetings of the city council; and | ||
(2) mailed to each district board member. | ||
SECTION 5. ELECTION REQUIRED. (a) Before a city may propose | ||
an ordinance described by Section 6 of this Act, the city must hold | ||
an election within the boundaries of the territory of the district | ||
to determine if the registered voters within those boundaries | ||
support the district's dissolution. For purposes of this section | ||
the territory of the district includes all district territory as of | ||
April 1, 2013, and any annexations of territory after that date and | ||
before the last date for voter registration for the election. | ||
Notwithstanding any other law, all registered voters who reside | ||
within the boundaries of the territory of the district are eligible | ||
to vote in the election called under this section. | ||
(b) The city shall hold an election in the district on the | ||
next uniform election date after the hearing conducted under | ||
Section 4 of this Act. The election ballot must allow voting for or | ||
against the proposition to dissolve the district and to transfer | ||
all district obligations, liabilities, and assets to the city. | ||
(c) The district may not be dissolved and its obligations, | ||
liabilities, and assets may not be transferred to the city unless a | ||
majority of the voters voting at the election held under this | ||
section vote in favor of the proposition described by Subsection | ||
(b) of this section. | ||
SECTION 6. TRANSFER ORDINANCE. (a) After a city council | ||
has made the findings required by Section 3(b) of this Act, has | ||
conducted a public hearing as required by Section 4 of this Act, and | ||
has held an election under Section 5 of this Act at which the | ||
district's dissolution was approved by the registered voters within | ||
the district, the city council may adopt an ordinance allowing the | ||
city to accept a transfer of the district's obligations, | ||
liabilities, and assets. | ||
(b) The ordinance must contain provisions that: | ||
(1) eliminate the required payment of any flat tax or | ||
assessments paid to the district by landowners in the district; | ||
(2) ensure that all water rights are held in trust by | ||
the city for the uses previously adjudicated; | ||
(3) ensure that all individual water users are | ||
entitled to continue to use or have access to the same amount of | ||
water they were entitled to before the dissolution of the district; | ||
(4) require the city to perform all the functions of | ||
the district, including the provision of services; and | ||
(5) ensure delivery of water to landowners at or below | ||
the lowest comparable delivery charge imposed by any other | ||
irrigation district in Hidalgo County. | ||
(c) The ordinance takes effect only if two-thirds of the | ||
city council votes in favor of the ordinance. | ||
SECTION 7. CITY CONSENT; DISTRICT DUTIES. (a) On or before | ||
the effective date of the ordinance described by Section 6 of this | ||
Act, the district board shall provide the district's management and | ||
operational records to the city that passed the ordinance to ensure | ||
the orderly transfer of management and operational responsibility | ||
to the city. | ||
(b) Without the consent of a majority of the members of a | ||
city council that publishes notice under Section 4(b) of this Act, | ||
the district may not: | ||
(1) sell, transfer, or encumber any district asset; | ||
(2) issue debt or acquire additional obligations; or | ||
(3) default on or fail to honor financial, legal, or | ||
other obligations of the district. | ||
(c) Unless a majority of the members of a city council that | ||
publishes notice under Section 4(b) of this Act agree otherwise, | ||
the district shall: | ||
(1) maintain assets of the district in an appropriate | ||
condition reflective of good stewardship and proper repair; and | ||
(2) preserve district records, including information | ||
maintained by the district in electronic format. | ||
(d) Any action undertaken by the district that does not | ||
comply with Subsection (b) of this section is void. | ||
(e) This section expires on the date a city that has | ||
published notice under Section 4(b) of this Act repeals the city's | ||
ordinance described by Section 6 of this Act. | ||
SECTION 8. EFFECTIVE DATE OF TRANSFER. A transfer | ||
ordinance under this Act takes effect on the date the city council | ||
approves the ordinance under Section 6(c) of this Act. | ||
SECTION 9. TRANSFER OF ASSETS. (a) On or before the | ||
effective date of a transfer ordinance under Section 8 of this Act, | ||
the district shall: | ||
(1) transfer to the city the ownership of any water | ||
rights and certificates of adjudication; | ||
(2) transfer the assets, debts, and contractual rights | ||
and obligations of the district to the city; | ||
(3) provide notice of the dissolution of the district | ||
to the Texas Commission on Environmental Quality; and | ||
(4) provide notice and make recordings of the | ||
transfers under this section as required by the Water Code and other | ||
law. | ||
(b) On receipt of notice of the transfer of a district | ||
certificate of adjudication, the Texas Commission on Environmental | ||
Quality shall note in its records that the certificate of | ||
adjudication is owned and held by the city. The Texas Commission on | ||
Environmental Quality shall transfer the district's certificate to | ||
the city as a ministerial act without further application, notice, | ||
or hearing. A person or other legal entity does not have a right to | ||
object to or to request an administrative review of a transfer made | ||
in accordance with this Act. | ||
(c) The transfer of the district's water rights and any | ||
certificate of adjudication to the city does not affect or impair | ||
the priority, extent, validity, or purpose of the water rights or | ||
certificate. | ||
SECTION 10. EXPIRATION. This Act expires January 1, 2018. | ||
SECTION 11. EFFECTIVE DATE. This Act takes effect | ||
immediately if it receives a vote of two-thirds of all the members | ||
elected to each house, as provided by Section 39, Article III, Texas | ||
Constitution. If this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect September 1, 2013. |