S.B. No. 637
 
 
 
 
AN ACT
  relating to the creation of the Wharton County Drainage District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 6607 to read as follows:
  CHAPTER 6607.  WHARTON COUNTY DRAINAGE DISTRICT
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 6607.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a member of the board.
               (3)  "District" means the Wharton County Drainage
  District.
         Sec. 6607.002.  NATURE OF DISTRICT. The district is a
  drainage district created in Wharton County under Section 59,
  Article XVI, Texas Constitution, subject to approval at a
  confirmation election under Section 6607.102.
         Sec. 6607.003.  FINDINGS OF BENEFIT AND PURPOSE. (a)  The
  district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the works and projects that are to be accomplished
  by the district under powers conferred by Section 59, Article XVI,
  Texas Constitution.
         (c)  The district is essential to accomplish the purposes of
  Section 59, Article XVI, Texas Constitution.
         Sec. 6607.004.  DISTRICT TERRITORY. The district territory
  is coextensive with the boundaries of Wharton County, Texas.
  [Sections 6607.005-6607.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 6607.051.  DIRECTORS. (a)  The district is governed by
  a board of five directors consisting of the Commissioners Court of
  Wharton County.
         (b)  Service on the board is an additional duty of office for
  a member of the Commissioners Court of Wharton County.
  [Sections 6607.052-6607.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 6607.101.  GENERAL POWERS AND DUTIES. The district has
  all rights, powers, privileges, functions, and duties provided by
  the general law of this state applicable to a drainage district
  created under Section 59, Article XVI, Texas Constitution,
  including Chapters 49 and 56, Water Code.
         Sec. 6607.102.  CONFIRMATION ELECTION. (a)  The board shall
  hold an election to confirm the creation of the district.
         (b)  Section 41.001(a), Election Code, does not apply to a
  confirmation election under this section.
         (c)  Except as provided by this section, the confirmation
  election must be conducted as provided by Sections 49.102(a)-(f),
  Water Code, and the Election Code.
         (d)  The district is not required to elect directors at the
  confirmation election.
         SECTION 2.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations on this Act with the governor, the lieutenant
  governor, and the speaker of the house of representatives within
  the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 3.  If the creation of the district is not confirmed
  at a confirmation election held under Section 1 of this Act before
  September 1, 2011, this Act and Chapter 6607, Special District
  Local Laws Code, as added by this Act, expire on that date.
         SECTION 4.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 637 passed the Senate on
  April 2, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 637 passed the House on
  May 25, 2009, by the following vote:  Yeas 143, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor