S.B. No. 1372
AN ACT
1-1 relating to purchases and contracts of the Jefferson County
1-2 Drainage District No. 7 and the authority of the manager of the
1-3 district to hire and terminate employees of the district.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, Chapter 34, Acts of the 57th
1-6 Legislature, 3rd Called Session, 1962, as last amended by Chapter
1-7 21, Acts of the 71st Legislature, 1st Called Session, 1989, is
1-8 amended to read as follows:
1-9 Sec. 3. Said Jefferson County Drainage District No. 7 with
1-10 the boundaries set forth in Section 1 of this Act (hereinafter
1-11 sometimes referred to as the "District") is hereby created and
1-12 established as a District pursuant to and under the provisions of
1-13 Section 59 of Article XVI, Constitution of Texas, and in addition
1-14 to the powers and rights as given under General Law pertaining to
1-15 drainage districts that are not in conflict with the provisions of
1-16 this Act, shall be authorized to exercise the following powers,
1-17 privileges and functions:
1-18 (a) To provide protection to lands and properties within the
1-19 boundaries of the District against flood and overflow from tide
1-20 waters, rainwaters and other waters, and to construct, operate and
1-21 maintain drainage and seawall structures and facilities to carry
1-22 out these purposes.
1-23 (b) To construct, extend, improve, operate, maintain,
1-24 reconstruct, or cause to be constructed, extended, improved and
2-1 operated canals, ditches, laterals, drains, levees, seawalls,
2-2 bridges, culverts, pump stations, and other structures necessary or
2-3 convenient to the exercise of its powers, rights, privileges and
2-4 functions.
2-5 (c) To cooperate and contract with any department or agency
2-6 of the State of Texas, or any political subdivision thereof, or any
2-7 municipal corporation to carry out any purpose for which the
2-8 District is organized, and to assist the municipalities that are
2-9 located wholly or in part within the boundaries of the District by
2-10 providing such outfall drainage facilities and seawall protection
2-11 deemed advisable by the District, provided that this shall not be
2-12 construed to deprive such municipalities of their right, privilege
2-13 and obligation to carry out the normal drainage functions of a
2-14 municipality.
2-15 (d) To acquire within the District land in fee simple title,
2-16 easements, right-of-ways, and any other character of property
2-17 needed to carry on the work of the District by way of gift, devise,
2-18 purchase, leasehold or condemnation, within the District or outside
2-19 the District if the land outside the District sought to be
2-20 condemned is for drainage ditches and drainage canals only and is
2-21 adjacent to the District. The right of eminent domain is hereby
2-22 expressly conferred on said District and the procedure with
2-23 reference to condemnation, the assessment of and estimating of
2-24 damages, payment, appeal, the entering upon the property pending
2-25 appeal and all other procedure prescribed in Title 52 of the
2-26 Revised Civil Statutes of Texas, 1925, as heretofore or hereafter
2-27 amended, shall apply to said District except as otherwise provided
3-1 herein.
3-2 (e) To overflow or inundate any public lands and public
3-3 property; to require the relocation of roads, highways and bridges,
3-4 and to construct culverts, ditches, levees, canals, seawalls and
3-5 other facilities over, across or along any public streams, roads or
3-6 highways.
3-7 (f) To sell, trade or otherwise dispose of land or other
3-8 property or rights therein when the same are no longer needed in
3-9 carrying out the functions of the District.
3-10 (g) To cooperate with and contract with the United States of
3-11 America or with any of its agencies now existing, or which may be
3-12 created hereafter, for grants, loans, or advancements to carry out
3-13 any of the powers or to further any of the purposes of this Act and
3-14 to receive and use said moneys for such purposes; or to contribute
3-15 to the United States of America or any of its agencies in
3-16 connection with any project undertaken by it affecting or relating
3-17 to drainage or protection from tides and flood waters.
3-18 (h) All canals, drains, ditches and levees made, cleaned or
3-19 constructed by the District, shall be public property of such
3-20 District; and every person owning land and every subdivision
3-21 created within the District shall have the right to drain into one
3-22 or more of such public drains at their own expense, provided before
3-23 such drains are connected to the District's drainage system
3-24 approval must first be had from the Commissioners of the District.
3-25 (i) To employ managerial, engineering, fiscal agents,
3-26 technical, legal and other personnel deemed necessary to the
3-27 conduct of the District's affairs, including the issuance and sale
4-1 of bonds and related matters; and to formulate rules and
4-2 regulations governing hours of work, vacations, holidays, sick
4-3 leave and rate of compensation for such personnel. To fix the
4-4 amount of surety bonds of all employees of the District acting in
4-5 fiduciary matters.
4-6 (j) To purchase necessary land, buildings, supplies,
4-7 materials and equipment and machinery necessary to carry out the
4-8 functions of the District. <In the case of purchases or contracts
4-9 not to exceed the sum of $5,000, such purchases or contracts shall
4-10 be made upon requisitions signed by a majority of the District's
4-11 Commissioners, which requisitions shall be executed at least in
4-12 triplicate, one copy to be delivered to the person, firm or
4-13 corporation from whom the purchase is made, one copy to be
4-14 delivered to the County Auditor, and one to remain on file with the
4-15 Commissioners.> All purchases and contracts <of over $5,000 shall
4-16 require the concurrence of a majority of the Commission and> shall
4-17 <otherwise> be made in accordance with Section 50.061, Water Code.
4-18 <the requirements of the General Laws of the State of Texas
4-19 pertaining to drainage districts and the rules, regulations and
4-20 formalities of the County of Jefferson pertaining to purchases and
4-21 contracts. The District must ask for bids and receive at least
4-22 three bids before making a purchase or awarding a contract that
4-23 exceeds $5,000, unless the Commissioners adopt a resolution
4-24 declaring an emergency. If the Commissioners declare an emergency,
4-25 the competitive bidding requirements of this section and of the
4-26 general law of this state do not apply to any purchase and contract
4-27 made by the District in connection with the declared emergency.
5-1 Bids for purchases and contracts are governed by the procedures in
5-2 Chapter 252, Local Government Code, to the extent those procedures
5-3 can be made applicable.>
5-4 (k) To disburse moneys of the District on checks, drafts,
5-5 orders or other instruments signed by a majority of the District's
5-6 Commissioners and the manager or assistant manager of the District
5-7 with the approval of the Auditor or Assistant Auditor of Jefferson
5-8 County upon his ascertaining that there are available funds and
5-9 that the amount so paid by the said check, draft or instrument is
5-10 in accordance with the authorizing instrument.
5-11 (l) To provide for and administer a retirement, disability
5-12 and death compensation fund for the employees of the District as
5-13 the governing body of the District may from time to time determine;
5-14 and the governing body of said District shall have power and
5-15 authority to adopt such plan or plans to effectuate the purpose of
5-16 this Act, including such forms of insurance or annuities, (either
5-17 or both), all as may be determined advisable by the governing body
5-18 of the District, or, if they so choose, to become a part of the
5-19 county retirement system of Jefferson County; providing that said
5-20 governing body of the District shall have the power and authority
5-21 from time to time, after notice to their employees and the hearing
5-22 thereon, to change any such plan, rule or regulation. This Section
5-23 is enacted in anticipation of the adoption of pending
5-24 constitutional amendment and laws.
5-25 All funds provided from the compensation of such employees,
5-26 and such funds provided by the District from its operating and
5-27 maintenance fund, for such retirement, disability and death
6-1 compensation fund, after they are received by the District, shall
6-2 be invested in either or both of the following ways:
6-3 (1) In bonds of the United States, the State of Texas,
6-4 or county or city, or other governmental subdivisions of this
6-5 state, or in bonds issued by any agency of the United States
6-6 government, the payment of the principal and interest on which is
6-7 guaranteed by the United States, provided that a sufficient amount
6-8 of said fund shall be kept on hand to meet the immediate payment of
6-9 amounts likely to become due each year out of said fund, such
6-10 amounts of funds to be kept on hand to be determined by the
6-11 governing body of the District; or
6-12 (2) In such life insurance policies, endowment or
6-13 annuity contracts or interest-bearing certificates of Legal Reserve
6-14 Life Insurance Companies or companies authorized to write such
6-15 contracts in Texas, as may be determined by the governing body of
6-16 the District; providing that said governing body of the District
6-17 shall have power and authority, from time to time, as they may deem
6-18 advisable, to change from one of said ways of investment to the
6-19 other, or any combination of the two.
6-20 (m) To include hospitalization, medical and accident
6-21 insurance, including workmen's compensation insurance, for their
6-22 employees as part of the compensation currently paid to such
6-23 employees, all as may be provided for in any plan, rule or
6-24 regulation from time to time made by said Commissioners, or
6-25 otherwise as said Commissioners may determine, provided that said
6-26 Commissioners shall have power and authority from time to time to
6-27 change any such plan, rule or regulation. This Section is enacted
7-1 in anticipation of the adoption of pending constitutional amendment
7-2 and laws.
7-3 (n) To do any and all other acts or things necessary or
7-4 proper to carry into effect the purposes for which the District is
7-5 organized.
7-6 SECTION 2. Chapter 34, Acts of the 57th Legislature, 3rd
7-7 Called Session, 1962, as last amended by Chapter 21, Acts of the
7-8 71st Legislature, 1st Called Session, 1989, is amended by adding
7-9 Section 4b to read as follows:
7-10 Sec. 4b. (a) The Commissioners shall hire a manager to
7-11 perform District management and control duties delegated by the
7-12 Commission. The manager serves at the will of the Commission.
7-13 (b) The District's manager may hire or terminate District
7-14 employees as the manager determines necessary for the efficient
7-15 operation of the District. A decision of the manager related to
7-16 the hiring or termination of an employee is not reviewable by the
7-17 Commission.
7-18 SECTION 3. The change in law made by this Act applies only
7-19 to a contract for which the initial notice soliciting bids is
7-20 published or posted or other initial offer is made on or after the
7-21 effective date of this Act. A contract for which the initial
7-22 notice was published or posted or other initial offer made before
7-23 that date is governed by the law in effect at the time the notice
7-24 was published or posted, and the former law is continued in effect
7-25 for that purpose.
7-26 SECTION 4. The importance of this legislation and the
7-27 crowded condition of the calendars in both houses create an
8-1 emergency and an imperative public necessity that the
8-2 constitutional rule requiring bills to be read on three several
8-3 days in each house be suspended, and this rule is hereby suspended,
8-4 and that this Act take effect and be in force from and after its
8-5 passage, and it is so enacted.