BILL ANALYSIS
H.B. 3231
By: Harris, J. (Sponsor)
Natural Resources
5-25-95
Senate Committee Report (Unamended)
BACKGROUND
Currently, Brazoria County Drainage District No. 4 is under the
oversight of the Brazoria County Commissioners Court.
PURPOSE
As proposed, H.B. 3231 removes Brazoria County Drainage District
No.4 from the oversight of the Brazoria County Commissioners Court
and creates Brazoria Drainage District No. 4; provides the
financing, administration, and general powers and duties of the
district.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the board of commissioners of Brazoria Drainage District No. 4
under SECTIONS 4(d) and (e) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. NAME OF DISTRICT. Requires the Brazoria County Drainage
District No. 4 to be known as the Brazoria Drainage District No. 4
(district) on and after the effective date of this Act.
SECTION 2. DEFINITIONS. Defines "board" and "district."
SECTION 3. SEAL. Requires the board of commissioners of the
district (board) to adopt a seal for the district.
SECTION 4. GENERAL POWERS AND DUTIES. (a) Provides that the
district has all the powers of a conservation and reclamation
district created under Section 52, Article III, or Section 59,
Article XVI, Texas Constitution, and governed by Chapters 50 and
56, Water Code, and those powers for the drainage and reclamation
of land in the district.
(b) Authorizes the district to construct, complete, carry out,
maintain, add to, or rebuild any work or improvement in or
outside the district to accomplish the district's functions or
to exercise its authority. Authorizes the district to enter
any contract, employ any person, or take any action to
accomplish a district purpose.
(c) Requires the district to comply with Section 50.061, Water
Code, in making a contract for improvement.
(d) Authorizes the board to adopt and the district to enforce
rules to facilitate the provision of district facilities or
services including setting and collecting charges, fees, or
rentals. Authorizes the district to discontinue a facility or
service to prevent an abuse or to enforce payment of a charge,
fee, or rental that is due and unpaid.
(e) Authorizes the board, by rule, to require a deposit for a
service to be provided by the district. Authorizes the rules
to provide for payment of interest on a deposit.
(f) Requires the district to maintain an office in accordance
with Section 50.057, Water Code.
(g) Requires the district to preserve district records and to
keep its records and minutes in accordance with Sections
50.029 and 50.054, Water Code.
(h) Authorizes the district to employ or retain necessary
employees or professional consultants for the proper operation
of the district including a general manger, attorneys,
bookkeepers, or engineers.
(i) Provides that the board is responsible for all district
money and funds. Provides that it is not the duty of the
Brazoria County judge to countersign a district warrant or
check. Provides that it is not the duty of the Brazoria
County treasurer or auditor to perform any district services.
SECTION 5. ACQUISITION, LEASE, AND DISPOSAL OF PROPERTY. (a)
Authorizes the district to acquire or lease property inside or
outside of the district to accomplish a district purpose, including
lands, materials, barren or waste grounds, water rights, easements,
or rights-of-way.
(b) Authorizes the district to acquire property by purchase,
gift, or condemnation.
(c) Authorizes the district to condemn fee simple title to or
an easement on real property. Authorizes the district to
condemn property only as provided by Chapter 21, Property
Code, except that it is not required to give bond or make a
deposit for appeal or costs in a condemnation suit.
(d) Authorizes the district, by public sale, to dispose of
property that the board finds is not necessary for the
district to carry out a district function.
SECTION 6. COSTS OF CERTAIN ALTERATIONS. Requires the district to
pay the cost of acquiring the interest in property that requires
the relocation, raising, rerouting, changing the grade of, or
altering the construction of a highway, railroad, electric
transmission line, telegraph or telephone property or facility,
irrigation canal or lateral, or pipeline, so as to provide
comparable replacement less the salvage value of the replaced
facilities.
SECTION 7. ELECTION AND TERMS OF COMMISSIONERS; VACANCY. (a)
Provides that the district is managed by a three-member board of
commissioners. Sets forth provisions for the election and terms of
the commissioners.
(b) Sets forth qualifications, in addition to those provided
by Section 56.062, Water Code, for becoming a candidate.
(c) Requires a candidate for nomination to a commissioner's
office in a primary election to include with the candidate's
application a $50 filing fee or a petition of voters meeting
the requirements of a petition for a precinct office. Sets
forth requirements for the application of an independent
candidate for a commissioner's office.
(d) Authorizes the executive committee of the party for the
district to name a candidate to fill the vacancy in a certain
manner if a vacancy occurs in the nomination of a political
party for a commissioner's office. Sets forth the composition
of the executive committee of a political party.
(e) Authorizes a commissioner's office to be listed on a
separate ballot provided with a regular ballot to the voters
entitled to vote on the office at the discretion of the
authority responsible for providing supplies for the primary
or general election. Authorizes a separate paper ballot to be
used for voting on a commissioner's office if the voting is
conducted by voting machines or an electronic voting system.
Requires the commissioners office to be listed after the
precinct offices if it is listed on the same ballot.
Prohibits a ballot including a commissioner's office from
being provided to an ineligible voter. Requires the poll list
to be kept in a manner indicating voters who are provided a
ballot containing a commissioner's office.
(f) Requires a vacancy in a commissioner's office or other
board office to be filled by appointment by the remaining
commissioners if less than 290 remain before the date of the
next regular election of at least one commissioner. Requires
the commissioners to call an election to fill the office
before the 121st day after the vacancy occurs if they do not
agree on an appointment before the 61st day after the vacancy
occurs.
(g) Requires the Brazoria County Commissioners Court to
appoint one or two commissioners if the number of
commissioners is less than two. Requires the commissioners
court to fill the shortest unexpired term among the vacant
offices. Requires the remaining vacancy to be filled by
special election.
(h) Requires the remaining commissioners to order a special
election to fill a commissioner's office if a vacancy occurs
in a commissioner's office and more than 290 days remain
before the next regular election of one or more commissioners.
Sets forth requirements of the special election.
(i) Requires commissioners for Place No. 1 and Place No. 2 to
be elected to serve a four-year term and a commissioner for
Place No. 3 to be elected to serve a two-year term for the
November 1996 election.
SECTION 8. ORGANIZATION OF THE BOARD; QUORUM. (a) Requires the
board to organize by electing one commissioner to be presiding
officer and one as secretary.
(b) Provides that the secretary serves as presiding officer in
the absence of the elected presiding officer.
(c) Provides that two commissioners constitutes a quorum.
Provides that an affirmative vote of two commissioners is
required for the board to act.
SECTION 9. COMPENSATION AND PER DIEM OF COMMISSIONERS. (a)
Requires the salary of a commissioner to be $25 per day. Requires
a commissioner to receive a per diem of $7.50.
(b) Provides that Section 56.067, Water Code, does not apply
to the board.
SECTION 10. PERFORMANCE BONDS. (a) Requires each officer,
agent, or employee of the district charged with collection,
custody, or payment of district funds to provide a bond conditioned
on faithful performance of the duties of the officer, agent, or
employee and on a true accounting of all funds and property of the
district. Requires the bond to be in the amount set and approved
by the board.
(b) Requires the district to pay the premiums for all bonds
required by an officer, agent, or employee of the district.
SECTION 11. ISSUANCE OF BONDS; ORDER AND ELECTION. (a)
Authorizes the district to issue bonds in various series or issues
for any district purpose. Authorizes the board to use certain
methods to provide for the payment of bonds.
(b) Authorizes the district to mortgage or encumber any part
of or the franchise, revenue, or income from a district
property or facility to secure payment of a bond issue.
(c) Authorizes district bonds payable solely from district
revenues to be issued by order of the board. Prohibits the
board from issuing a bond payable from ad valorem taxes unless
the bond and tax are approved by the resident voters of the
district at an election called by the board. Sets forth
requirements for a notice of election. Authorizes the board
to include all or part of the facilities or improvements to be
acquired with the bond proceeds in a single proposition or in
several propositions. Provides that this section does not
apply to refunding bonds.
(d) Sets forth the format for a ballot used in an election to
authorize bonds payable wholly from ad valorem taxes. Sets
forth the format for a ballot used in an election to authorize
bonds payable partially from ad valorem taxes. Authorizes
separate propositions for tax bonds and for combination
revenue and tax bonds to be submitted at the same election.
(e) Authorizes the board, in issuing bonds payable wholly or
partially from district revenue, to provide in the order
authorizing the bond issuance for later issues of additional
parity bonds, subordinate lien bonds, or other bonds.
Authorizes the additional bonds to be issued only under the
terms provided in the order.
SECTION 12. BOND PROCEEDS. (a) Authorizes bond proceeds to be
used to pay for interest on certain bonds and certain expenses.
(b) Authorizes the board to invest and reinvest district money
held in certain funds established in a board order authorizing
the issuance of bonds or securities.
SECTION 13. LIMITATIONS ON TAX BONDS OUTSTANDING. Prohibits the
total value of outstanding bonds payable from ad valorem taxes from
exceeding seven percent of the assessed value of taxable property
in the district, according to the most recent tax rolls.
SECTION 14. SALE OR EXCHANGE OF BONDS. Requires the district to
sell district bonds at the best price and on the best terms.
Authorizes the district to exchange bonds for property acquired by
purchase or payment of the contract price of work for the use or
benefit of the district.
SECTION 15. BOND APPROVAL. (a) Requires the district to submit
all bonds authorized to be issued to the attorney general for
examination. Requires the attorney general to approve the bonds
and the comptroller to register the bonds if the attorney general
finds that the bonds have been legally issued. Provides that the
bonds, on approval and registration, are incontestable in court or
any other forum and are valid and binding obligations.
(b) Authorizes a copy of the contract or lease between the
district and another party to be submitted to the attorney
general along with the bond records if the bonds payable from
district revenues are secured by a pledge of proceeds of the
contract or lease. Provides that the contract or lease is
incontestable in any court or other forum if the contract or
lease and the bonds are approved by the attorney general.
SECTION 16. REFUNDING BONDS. (a) Authorizes the board to issue
refunding bonds to refund or refinance all or part of the
district's outstanding bonds or matured and unpaid interest
coupons.
(b) Requires the refunding bonds to be payable from the same
source as the bonds being refunded.
(c) Provides that the district is not required to hold an
election before issuing refunding bonds.
SECTION 17. BONDS AS INVESTMENTS; PAID BONDS. (a) Provides that
when accompanied by all unmatured interest coupons, a bond issued
by the district is a legal and authorized investment for certain
financial institutions, funds, and state agencies.
(b) Requires district bonds and coupons, when paid, to be
delivered to the board for cancellation and destruction.
SECTION 18. TAX TO PAY BONDS. Authorizes the district, with
voter approval, to levy and collect a tax to meet the requirements
of the district's bonds.
SECTION 19. MAINTENANCE TAX. (a) Authorizes a district to levy
and collect a maintenance tax to pay for certain expenses.
(b) Requires the district's maintenance tax to be approved by
the voters. Requires the board to call and hold an election
to authorize or increase the maintenance tax. Sets forth the
language of the proposition. Requires the election to be held
in a certain manner.
(c) Authorizes the board to levy, assess, and collect an
approved maintenance tax in the same manner as other taxes.
(d) Authorizes a tax approved by election to be levied,
assessed, and collected until the tax is disapproved at
another election. Prohibits the district from holding an
election to repeal or reduce the maintenance tax more than
once in a five-year period.
SECTION 20. TAX ASSESSOR AND COLLECTOR. (a) Requires the tax
assessor and collector of Brazoria County to serve, ex officio, as
the tax assessor and collector of the district. Provides that the
tax assessor and collector has the same powers and is governed by
the same rules and proceedings as provided for the collection of
state and county taxes, except as provided by this Act.
(b) Requires the blanks used by the assessor and collector to
accept rendition of property for taxation by Brazoria County
to show that the rendition of property in the district is also
made for the benefit of the district. Requires the property
in the district to clearly indicated on the tax rolls in the
office of the assessor and collector. Provides that the
property values in the district, as equalized by the board of
equalization of Brazoria County, constitute the assessed value
of the properties for district taxes. Requires the assessor
and collector, before the 6th day after the Brazoria County
Commissioners Court approves the report of the board of
equalization, to certify to the board the total assessed value
of the property in the district according to the approved tax
rolls.
(c) Requires taxes collected to be deposited in the districts
depository after deductions.
(d) Authorizes the assessor and collector to charge and deduct
from the all taxes collected on the current year's tax roll an
amount for services as specified by the board.
SECTION 21. TAX LIEN. (a) Provides that taxes authorized by
this Act constitute a lien on property assessed for taxes.
(b) Requires the tax assessor and collector to make a
certified list of all property on which taxes levied by the
district are due but remain unpaid. Requires the assessor and
collector to provide the list to the Brazoria County
Commissioners Court. Requires the commissioners court to
collect the taxes by the sale of the property in the manner
provided for the sale of property for collection of state and
county taxes.
SECTION 22. (1) Repealer: Sections 4, 7, and 7A, Chapter 7, Acts
of the 41st Legislature, 1st Called Session, 1929.
(2) Repealer: Chapter 8, Acts of the 67th Legislature, 1st
Called Session, 1981.
SECTION 23. Severability clause.
SECTION 24. Emergency clause.
Effective date: upon passage.