1-1 By: Parker S.B. No. 1372
1-2 (In the Senate - Filed April 14, 1993; April 15, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 3, 1993, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; May 3, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to purchases and contracts of the Jefferson County
1-22 Drainage District No. 7 and the authority of the manager of the
1-23 district to hire and terminate employees of the district.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 3, Chapter 34, Acts of the 57th
1-26 Legislature, 3rd Called Session, 1962, as last amended by Chapter
1-27 21, Acts of the 71st Legislature, 1st Called Session, 1989, is
1-28 amended to read as follows:
1-29 Sec. 3. Said Jefferson County Drainage District No. 7 with
1-30 the boundaries set forth in Section 1 of this Act (hereinafter
1-31 sometimes referred to as the "District") is hereby created and
1-32 established as a District pursuant to and under the provisions of
1-33 Section 59 of Article XVI, Constitution of Texas, and in addition
1-34 to the powers and rights as given under General Law pertaining to
1-35 drainage districts that are not in conflict with the provisions of
1-36 this Act, shall be authorized to exercise the following powers,
1-37 privileges and functions:
1-38 (a) To provide protection to lands and properties within the
1-39 boundaries of the District against flood and overflow from tide
1-40 waters, rainwaters and other waters, and to construct, operate and
1-41 maintain drainage and seawall structures and facilities to carry
1-42 out these purposes.
1-43 (b) To construct, extend, improve, operate, maintain,
1-44 reconstruct, or cause to be constructed, extended, improved and
1-45 operated canals, ditches, laterals, drains, levees, seawalls,
1-46 bridges, culverts, pump stations, and other structures necessary or
1-47 convenient to the exercise of its powers, rights, privileges and
1-48 functions.
1-49 (c) To cooperate and contract with any department or agency
1-50 of the State of Texas, or any political subdivision thereof, or any
1-51 municipal corporation to carry out any purpose for which the
1-52 District is organized, and to assist the municipalities that are
1-53 located wholly or in part within the boundaries of the District by
1-54 providing such outfall drainage facilities and seawall protection
1-55 deemed advisable by the District, provided that this shall not be
1-56 construed to deprive such municipalities of their right, privilege
1-57 and obligation to carry out the normal drainage functions of a
1-58 municipality.
1-59 (d) To acquire within the District land in fee simple title,
1-60 easements, right-of-ways, and any other character of property
1-61 needed to carry on the work of the District by way of gift, devise,
1-62 purchase, leasehold or condemnation, within the District or outside
1-63 the District if the land outside the District sought to be
1-64 condemned is for drainage ditches and drainage canals only and is
1-65 adjacent to the District. The right of eminent domain is hereby
1-66 expressly conferred on said District and the procedure with
1-67 reference to condemnation, the assessment of and estimating of
1-68 damages, payment, appeal, the entering upon the property pending
2-1 appeal and all other procedure prescribed in Title 52 of the
2-2 Revised Civil Statutes of Texas, 1925, as heretofore or hereafter
2-3 amended, shall apply to said District except as otherwise provided
2-4 herein.
2-5 (e) To overflow or inundate any public lands and public
2-6 property; to require the relocation of roads, highways and bridges,
2-7 and to construct culverts, ditches, levees, canals, seawalls and
2-8 other facilities over, across or along any public streams, roads or
2-9 highways.
2-10 (f) To sell, trade or otherwise dispose of land or other
2-11 property or rights therein when the same are no longer needed in
2-12 carrying out the functions of the District.
2-13 (g) To cooperate with and contract with the United States of
2-14 America or with any of its agencies now existing, or which may be
2-15 created hereafter, for grants, loans, or advancements to carry out
2-16 any of the powers or to further any of the purposes of this Act and
2-17 to receive and use said moneys for such purposes; or to contribute
2-18 to the United States of America or any of its agencies in
2-19 connection with any project undertaken by it affecting or relating
2-20 to drainage or protection from tides and flood waters.
2-21 (h) All canals, drains, ditches and levees made, cleaned or
2-22 constructed by the District, shall be public property of such
2-23 District; and every person owning land and every subdivision
2-24 created within the District shall have the right to drain into one
2-25 or more of such public drains at their own expense, provided before
2-26 such drains are connected to the District's drainage system
2-27 approval must first be had from the Commissioners of the District.
2-28 (i) To employ managerial, engineering, fiscal agents,
2-29 technical, legal and other personnel deemed necessary to the
2-30 conduct of the District's affairs, including the issuance and sale
2-31 of bonds and related matters; and to formulate rules and
2-32 regulations governing hours of work, vacations, holidays, sick
2-33 leave and rate of compensation for such personnel. To fix the
2-34 amount of surety bonds of all employees of the District acting in
2-35 fiduciary matters.
2-36 (j) To purchase necessary land, buildings, supplies,
2-37 materials and equipment and machinery necessary to carry out the
2-38 functions of the District. <In the case of purchases or contracts
2-39 not to exceed the sum of $5,000, such purchases or contracts shall
2-40 be made upon requisitions signed by a majority of the District's
2-41 Commissioners, which requisitions shall be executed at least in
2-42 triplicate, one copy to be delivered to the person, firm or
2-43 corporation from whom the purchase is made, one copy to be
2-44 delivered to the County Auditor, and one to remain on file with the
2-45 Commissioners.> All purchases and contracts <of over $5,000 shall
2-46 require the concurrence of a majority of the Commission and> shall
2-47 <otherwise> be made in accordance with Section 50.061, Water Code.
2-48 <the requirements of the General Laws of the State of Texas
2-49 pertaining to drainage districts and the rules, regulations and
2-50 formalities of the County of Jefferson pertaining to purchases and
2-51 contracts. The District must ask for bids and receive at least
2-52 three bids before making a purchase or awarding a contract that
2-53 exceeds $5,000, unless the Commissioners adopt a resolution
2-54 declaring an emergency. If the Commissioners declare an emergency,
2-55 the competitive bidding requirements of this section and of the
2-56 general law of this state do not apply to any purchase and contract
2-57 made by the District in connection with the declared emergency.
2-58 Bids for purchases and contracts are governed by the procedures in
2-59 Chapter 252, Local Government Code, to the extent those procedures
2-60 can be made applicable.>
2-61 (k) To disburse moneys of the District on checks, drafts,
2-62 orders or other instruments signed by a majority of the District's
2-63 Commissioners and the manager or assistant manager of the District
2-64 with the approval of the Auditor or Assistant Auditor of Jefferson
2-65 County upon his ascertaining that there are available funds and
2-66 that the amount so paid by the said check, draft or instrument is
2-67 in accordance with the authorizing instrument.
2-68 (l) To provide for and administer a retirement, disability
2-69 and death compensation fund for the employees of the District as
2-70 the governing body of the District may from time to time determine;
3-1 and the governing body of said District shall have power and
3-2 authority to adopt such plan or plans to effectuate the purpose of
3-3 this Act, including such forms of insurance or annuities, (either
3-4 or both), all as may be determined advisable by the governing body
3-5 of the District, or, if they so chose, to become a part of the
3-6 county retirement system of Jefferson County; providing that said
3-7 governing body of the District shall have the power and authority
3-8 from time to time, after notice to their employees and the hearing
3-9 thereon, to change any such plan, rule or regulation. This Section
3-10 is enacted in anticipation of the adoption of pending
3-11 constitutional amendment and laws.
3-12 All funds provided from the compensation of such employees,
3-13 and such funds provided by the District from its operating and
3-14 maintenance fund, for such retirement, disability and death
3-15 compensation fund, after they are received by the District, shall
3-16 be invested in either or both of the following ways:
3-17 (1) In bonds of the United States, the State of Texas,
3-18 or county or city, or other governmental subdivisions of this
3-19 state, or in bonds issued by any agency of the United States
3-20 government, the payment of the principal and interest on which is
3-21 guaranteed by the United States, provided that a sufficient amount
3-22 of said fund shall be kept on hand to meet the immediate payment of
3-23 amounts likely to become due each year out of said fund, such
3-24 amounts of funds to be kept on hand to be determined by the
3-25 governing body of the District; or
3-26 (2) In such life insurance policies, endowment or
3-27 annuity contracts or interest-bearing certificates of Legal Reserve
3-28 Life Insurance Companies or companies authorized to write such
3-29 contracts in Texas, as may be determined by the governing body of
3-30 the District; providing that said governing body of the District
3-31 shall have power and authority, from time to time, as they may deem
3-32 advisable, to change from one of said ways of investment to the
3-33 other, or any combination of the two.
3-34 (m) To include hospitalization, medical and accident
3-35 insurance, including workmen's compensation insurance, for their
3-36 employees as part of the compensation currently paid to such
3-37 employees, all as may be provided for in any plan, rule or
3-38 regulation from time to time made by said Commissioners, or
3-39 otherwise as said Commissioners may determine, provided that said
3-40 Commissioners shall have power and authority from time to time to
3-41 change any such plan, rule or regulation. This Section is enacted
3-42 in anticipation of the adoption of pending constitutional amendment
3-43 and laws.
3-44 (n) To do any and all other acts or things necessary or
3-45 proper to carry into effect the purposes for which the District is
3-46 organized.
3-47 SECTION 2. Chapter 34, Acts of the 57th Legislature, 3rd
3-48 Called Session, 1962, as last amended by Chapter 21, Acts of the
3-49 71st Legislature, 1st Called Session, 1989, is amended by adding
3-50 Section 4b to read as follows:
3-51 Sec. 4b. (a) The Commissioners shall hire a manager to
3-52 perform District management and control duties delegated by the
3-53 Commission. The manager serves at the will of the Commission.
3-54 (b) The District's manager may hire or terminate District
3-55 employees as the manager determines necessary for the efficient
3-56 operation of the District. A decision of the manager related to
3-57 the hiring or termination of an employee is not reviewable by the
3-58 Commission.
3-59 SECTION 3. The change in law made by this Act applies only
3-60 to a contract for which the initial notice soliciting bids is
3-61 published or posted or other initial offer is made on or after the
3-62 effective date of this Act. A contract for which the initial
3-63 notice was published or posted or other initial offer made before
3-64 that date is governed by the law in effect at the time the notice
3-65 was published or posted, and the former law is continued in effect
3-66 for that purpose.
3-67 SECTION 4. The importance of this legislation and the
3-68 crowded condition of the calendars in both houses create an
3-69 emergency and an imperative public necessity that the
3-70 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.
4-4 * * * * *
4-5 Austin,
4-6 Texas
4-7 May 3, 1993
4-8 Hon. Bob Bullock
4-9 President of the Senate
4-10 Sir:
4-11 We, your Committee on Natural Resources to which was referred S.B.
4-12 No. 1372, have had the same under consideration, and I am
4-13 instructed to report it back to the Senate with the recommendation
4-14 that it do pass and be printed.
4-15 Sims,
4-16 Chairman
4-17 * * * * *
4-18 WITNESSES
4-19 No witnesses appeared on S.B. No. 1372.