| |
| |
| |
|
|
AN ACT
|
|
|
relating to the territory and board of directors of the Bell County |
|
|
Water Control and Improvement District No. 1. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 9005.001, Special District Local Laws |
|
|
Code, is amended by adding Subdivision (1-a) to read as follows: |
|
|
(1-a) "Director" means a member of the board of |
|
|
directors of the district. |
|
|
SECTION 2. Subchapter A, Chapter 9005, Special District |
|
|
Local Laws Code, is amended by adding Section 9005.0025 to read as |
|
|
follows: |
|
|
Sec. 9005.0025. BOARD. (a) The district is governed by a |
|
|
board of seven elected directors. In addition to the elected board |
|
|
members, a nonvoting member chosen by the Fort Hood Military |
|
|
Reservation represents the interests of the reservation. |
|
|
(b) The district shall hold an election to elect the |
|
|
appropriate number of directors on the uniform election date in |
|
|
November of each even-numbered year. |
|
|
(c) The board shall divide the district into seven |
|
|
single-member director precincts that comply with the federal |
|
|
Voting Rights Act of 1965 (52 U.S.C. Sections 10101 and 10301 et |
|
|
seq.) with: |
|
|
(1) the precincts each containing an approximately |
|
|
equal number of voters; and |
|
|
(2) the population of the City of Killeen divided into |
|
|
three precincts composed only of residents of the City of Killeen. |
|
|
(d) The board may redraw the single-member director |
|
|
precincts in a manner that is reasonable and equitable: |
|
|
(1) after any change in the boundaries of the district |
|
|
or of the City of Killeen; or |
|
|
(2) by a resolution redrawing the director precincts |
|
|
adopted by a two-thirds majority of the board based on changed |
|
|
circumstances. |
|
|
SECTION 3. Sections 9005.003 and 9005.004, Special District |
|
|
Local Laws Code, are amended to read as follows: |
|
|
Sec. 9005.003. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Subsection (b) and Section |
|
|
1, Chapter 523, Acts of the 54th Legislature, Regular Session, 1955 |
|
|
(Article 8280-189, Vernon's Texas Civil Statutes), as that |
|
|
territory may have been modified under: |
|
|
(1) Subchapter J, Chapter 49, Water Code; |
|
|
(2) Subchapter O, Chapter 51, Water Code, before |
|
|
September 1, 1995; |
|
|
(3) former Section 4A, Chapter 523, Acts of the 54th |
|
|
Legislature, Regular Session, 1955 (Article 8280-189, Vernon's |
|
|
Texas Civil Statutes); or |
|
|
(4) other law. |
|
|
(b) Effective September 1, 2019, the territory of the |
|
|
district includes the following areas as those areas are legally |
|
|
described on that date: |
|
|
(1) the territory inside the corporate boundaries of: |
|
|
(A) the City of Harker Heights; |
|
|
(B) the City of Copperas Cove; |
|
|
(C) the City of Belton; and |
|
|
(D) the City of Killeen; |
|
|
(2) the service area of the 439 Water Supply |
|
|
Corporation; |
|
|
(3) the territory of the Bell County Water Control and |
|
|
Improvement District No. 3; and |
|
|
(4) the Bell County portion of the Fort Hood Military |
|
|
Reservation. |
|
|
Sec. 9005.004. ANNEXATION OF TERRITORY. (a) The [If an
|
|
|
election concerning the annexation of territory to the district
|
|
|
would result in the district boundaries becoming coterminous with
|
|
|
the boundaries of the City of Killeen, the] board[, in a separate
|
|
|
proposition,] may submit for approval at an election the question |
|
|
of whether to automatically annex to [extend the boundaries of] the |
|
|
district [to include] territory later annexed by the City of |
|
|
Killeen or a political subdivision described by Section 9005.003(b) |
|
|
or to include territory added to the service area of the 439 Water |
|
|
Supply Corporation [the City of Killeen annexes] that is not |
|
|
already included in the district. |
|
|
(b) An automatic annexation authorized [Land annexed by the
|
|
|
City of Killeen] under Subsection (a) is effective [part of the
|
|
|
district] only after: |
|
|
(1) the annexed area assumes its pro rata share of all |
|
|
bonds, notes, or other obligations or taxes owed, contracted, or |
|
|
authorized by the district; and |
|
|
(2) that assumption is approved by a majority of the |
|
|
voters voting at an election held in the district territory as |
|
|
enlarged as a result of the annexation. |
|
|
SECTION 4. Subchapter B, Chapter 9005, Special District |
|
|
Local Laws Code, is amended by adding Section 9005.0515 to read as |
|
|
follows: |
|
|
Sec. 9005.0515. LIMITATION OF DISTRICT POWER. In the |
|
|
territory of the district that coincides with the territory of the |
|
|
Bell County Water Control and Improvement District No. 3, the |
|
|
powers of the district, including the power to issue bonds and |
|
|
exercise eminent domain, are limited to the powers necessary to |
|
|
provide wholesale water service. |
|
|
SECTION 5. (a) The Bell County Water Control and |
|
|
Improvement District No. 1 shall hold the first election to elect |
|
|
directors as described by Section 9005.0025, Special District Local |
|
|
Laws Code, as added by this Act, on the uniform election date in |
|
|
November 2020. |
|
|
(b) The terms of the directors serving on the board of |
|
|
directors of the Bell County Water Control and Improvement District |
|
|
No. 1 on the effective date of this Act expire on the date the |
|
|
directors elected under Subsection (a) of this section have |
|
|
qualified. A director elected to a term that expires in May 2020 |
|
|
serves until the director's successor has qualified after the |
|
|
November 2020 election. |
|
|
(c) At the first meeting of the board of directors of the |
|
|
Bell County Water Control and Improvement District No. 1 that |
|
|
follows the election held under Subsection (a) of this section, the |
|
|
directors shall draw lots to determine which four directors serve a |
|
|
term of four years and which three directors serve a term of two |
|
|
years. |
|
|
SECTION 6. (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 relating to 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 7. This Act takes effect September 1, 2019. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2105 was passed by the House on April |
|
|
18, 2019, by the following vote: Yeas 147, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2105 was passed by the Senate on May |
|
|
10, 2019, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |