| |
| |
| |
|
|
AN ACT
|
|
|
relating to the establishment of stormwater control and recapture |
|
|
planning authorities in certain counties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle C, Title 12, Local Government Code, is |
|
|
amended by adding Chapter 391A to read as follows: |
|
|
CHAPTER 391A. STORMWATER CONTROL AND RECAPTURE PLANNING |
|
|
AUTHORITIES IN CERTAIN COUNTIES |
|
|
Sec. 391A.001. DEFINITIONS. In this chapter: |
|
|
(1) "Affected county" means a county that: |
|
|
(A) has a population of 800,000 or more; and |
|
|
(B) receives an average annual rainfall of 15 |
|
|
inches or less based on the most recent 10-year period according to |
|
|
data available from a reliable source, including the United States |
|
|
Department of Agriculture Natural Resources Conservation Service |
|
|
or the PRISM Climate Group, Oregon State University. |
|
|
(2) "Authority" means a commission established under |
|
|
this chapter. |
|
|
Sec. 391A.002. ESTABLISHMENT. (a) A stormwater control and |
|
|
recapture planning authority is established in each affected county |
|
|
in this state. |
|
|
(b) An authority is a political subdivision of this state. |
|
|
Sec. 391A.003. TERRITORY. The territory of an authority |
|
|
includes all of the territory in the affected county in which the |
|
|
authority is located except any territory within the boundaries or |
|
|
extraterritorial jurisdiction of that county's largest |
|
|
municipality, provided that the municipality has a plan in place |
|
|
for the control of stormwater on the date the authority is |
|
|
established. |
|
|
Sec. 391A.004. BOARD OF DIRECTORS. The governing body of an |
|
|
authority is a board of directors composed of: |
|
|
(1) a representative of the county in which the |
|
|
authority is located and each municipality within the territory of |
|
|
the authority; |
|
|
(2) a representative of each water utility within the |
|
|
territory of the authority not also described by Subdivision (1); |
|
|
(3) a representative of each water district within the |
|
|
territory of the authority that has been in operation for at least |
|
|
15 years; and |
|
|
(4) each member of the state legislature whose |
|
|
legislative district is wholly or partly in the territory of the |
|
|
authority. |
|
|
Sec. 391A.005. POWERS AND DUTIES. (a) An authority shall: |
|
|
(1) coordinate and adopt a long-range master plan to |
|
|
facilitate the development and management of integrated stormwater |
|
|
control and recapture projects and facilities within the |
|
|
authority's territory; |
|
|
(2) apply for, accept, and receive gifts, grants, |
|
|
loans, and other money available from any source, including the |
|
|
state, the federal government, and an entity represented on the |
|
|
board of directors under Sections 391A.004(1), (2), and (3), to |
|
|
perform its purposes; and |
|
|
(3) assist an entity represented on the board of |
|
|
directors under Sections 391A.004(1), (2), and (3) in carrying out |
|
|
an objective included in the authority's master plan. |
|
|
(b) The authority may: |
|
|
(1) enter into contracts as necessary to carry out the |
|
|
authority's powers and duties; and |
|
|
(2) employ staff and consult with and retain experts. |
|
|
(c) The authority may not: |
|
|
(1) impose a tax or issue bonds; or |
|
|
(2) regulate the structures or facilities of an |
|
|
electric utility as "electric utility" is defined by Section |
|
|
31.002, Utilities Code. |
|
|
Sec. 391A.006. EXPIRATION OF CHAPTER. This chapter expires |
|
|
September 1, 2023. |
|
|
SECTION 2. 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, 2015. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 995 was passed by the House on April |
|
|
30, 2015, by the following vote: Yeas 122, Nays 17, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 995 was passed by the Senate on May |
|
|
20, 2015, by the following vote: Yeas 30, Nays 1. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |