By Harris H.B. No. 2189
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, composition, operation, and management of
1-3 certain conservation and reclamation districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 50, Water Code, is amended
1-6 by adding Sections 50.0243 and 50.027 to read as follows:
1-7 Sec. 50.0243. COMMON ELECTIONS. (a) Two or more districts
1-8 may designate a common election office and common early and regular
1-9 polling places for the election of the districts' directors if:
1-10 (1) the districts are located in the same county;
1-11 (2) substantially all of the property in the districts
1-12 has been or is being developed as part of a single community
1-13 development plan; and
1-14 (3) the districts are served by common water supply
1-15 and wastewater systems.
1-16 (b) A common election office and common early and regular
1-17 polling places designated under this section must:
1-18 (1) be in buildings open to the public;
1-19 (2) be in at least one of the districts; and
1-20 (3) meet the requirements of the Election Code and
1-21 other general law applicable to polling places.
1-22 (c) Common early and regular polling places designated under
1-23 this section must be located not farther than five miles from any
1-24 territory contained in any of the districts.
2-1 (d) Districts that designate a common election office and
2-2 common early and regular polling places under this section may
2-3 designate a common election officer and common early and regular
2-4 voting officials for commonly held elections of directors. The
2-5 designated officer and officials must be qualified voters residing
2-6 in at least one of the districts and may be nonelective employees
2-7 of one or more of the districts.
2-8 Sec. 50.027. REMOVAL OF MEMBERS OF GOVERNING BOARDS. (a) A
2-9 governing board of a district may remove a board member by
2-10 unanimous vote of the other board members if the member has missed
2-11 one-half or more of the board's regular meetings during the
2-12 preceding 12 months. A board must provide written notice of the
2-13 removal to the removed member.
2-14 (b) A board member removed under this section may appeal the
2-15 removal in writing to the commission not later than the 30th day
2-16 after receipt of written notice of the removal. The commission may
2-17 reinstate the member if the commission finds that the removal was
2-18 without good cause. In determining good cause the commission may
2-19 consider the circumstances, including the member's reasons for
2-20 absences, times and places of meetings missed, business conducted
2-21 at meetings missed, and other relevant matters.
2-22 (c) The office of a member removed under this section
2-23 becomes vacant when:
2-24 (1) the time for appeal under Subsection (b) has
2-25 expired and an appeal has not been filed; or
2-26 (2) the commission issues an order upholding the
2-27 removal.
3-1 SECTION 2. Subchapter C, Chapter 50, Water Code, is amended
3-2 by adding Sections 50.065 and 50.066 to read as follows:
3-3 Sec. 50.065. SALE OR EXCHANGE OF SURPLUS PROPERTY. (a) In
3-4 this section, "surplus property" means personal property or an
3-5 interest in land owned by a district that is not needed by the
3-6 district.
3-7 (b) A district may, with board approval:
3-8 (1) sell surplus property by public or private sale;
3-9 or
3-10 (2) exchange surplus property for property needed by
3-11 the district with a comparable fair market value, as determined by
3-12 the board.
3-13 (c) As authorized by the board, a district may, without
3-14 receiving compensation, abandon surplus property that was acquired
3-15 by or dedicated to the district at no cost to the district or
3-16 release surplus property that was acquired by or dedicated to the
3-17 district at no cost to the district to the person who provided the
3-18 surplus property to the district, or to the person's successors.
3-19 (d) As authorized by the board, a district may transfer
3-20 surplus property to or exchange surplus property with another
3-21 district, municipality, county, countywide agency, or authority on
3-22 terms and under conditions the board considers necessary or
3-23 advantageous.
3-24 (e) A district may, with board approval, transfer, abandon,
3-25 or release small portions of surplus property that are included in
3-26 boundary or surveying conflicts, minor encroachments by abutting
3-27 property owners, or similar areas to the abutting property owner,
4-1 or exchange those small portions with the abutting property owner,
4-2 under conditions the board considers necessary or advantageous.
4-3 (f) A district must publish advance notice of a private or
4-4 public sale under Subsection (b) once each week for two consecutive
4-5 weeks in one or more newspapers with general circulation in the
4-6 district.
4-7 (g) A district shall apply proceeds from a private or public
4-8 sale under Subsection (b) to outstanding district bonds secured by
4-9 a pledge of tax revenues if required by the district's applicable
4-10 bond resolutions. A district may use proceeds for any purpose if
4-11 the district has no outstanding bonds to which the district must
4-12 apply proceeds under this subsection.
4-13 (h) Section 272.001, Local Government Code, does not apply
4-14 to a district's disposition of surplus property under Subsection
4-15 (c), (d), or (e).
4-16 Sec. 50.066. LABORATORY SERVICES. A district may contract
4-17 with any person, within or without the boundaries of the district,
4-18 to provide or receive laboratory services related to environmental,
4-19 health, or drinking water testing.
4-20 SECTION 3. Section 50.107(a), Water Code, is amended to read
4-21 as follows:
4-22 (a) Notwithstanding any other law to the contrary, a
4-23 district created under Article XVI, Section 59, of the Texas
4-24 Constitution, the boundaries of which include less than the total
4-25 area of one county, may not issue bonds that will be paid wholly or
4-26 partially by taxes levied by the district unless the commission
4-27 determines that the project to be financed by the bonds is feasible
5-1 and issues an order approving the bonds. This section does not
5-2 apply to refunding bonds or bonds issued to and approved by the
5-3 Farmers Home Administration, the United States Department of
5-4 Agriculture, or the Texas Water Development Board.
5-5 SECTION 4. Section 51.080, Water Code, is amended to read as
5-6 follows:
5-7 Sec. 51.080. Compensation of Directors. (a) A director is
5-8 entitled to receive fees of office <compensation> of not more than
5-9 $100 <$50 a day> for each day the director <he> actually spends
5-10 performing the <his> duties of <as> a director. The <, but the>
5-11 fees of office may <shall> not exceed $500 in <be more than $200
5-12 for> any one month regardless of the number of days spent in
5-13 service of the district during that month.
5-14 (b) A director may receive, with the board's approval,
5-15 reimbursement of actual expenses reasonably incurred while serving
5-16 the district.
5-17 (c) Before a director may receive compensation for <his>
5-18 services or reimbursement for travel or other expenses incurred
5-19 while serving the district, the director must <he shall> file with
5-20 the secretary a signed <verified> statement showing the number of
5-21 days actually spent in the service of the district, actual expenses
5-22 incurred, and a general description of duties performed during each
5-23 day of service<. The statement shall be filed on the last day of
5-24 the month, or as soon after that time as possible>.
5-25 SECTION 5. Section 51.131(a), Water Code, is amended to read
5-26 as follows:
5-27 (a) The board may set reasonable penalties for the breach of
6-1 any regulation of the district, which shall not exceed fines of
6-2 more than $1,000 <$200> or imprisonment for more than 30 days or
6-3 both.
6-4 SECTION 6. Section 51.360, Water Code, is amended to read as
6-5 follows:
6-6 Sec. 51.360. OPERATION AND MAINTENANCE TAX. (a) A district
6-7 may levy and collect a tax for operation and maintenance purposes,
6-8 including funds for planning, constructing, acquiring, maintaining,
6-9 repairing, and operating all necessary land, plants, works
6-10 <properties>, facilities, <and> improvements, appliances, and
6-11 equipment of the district and for paying costs of proper services,
6-12 engineering and legal fees, and organization and administrative
6-13 expenses.
6-14 (b) An operation and <A> maintenance tax may not be levied
6-15 by a district until it is approved by a majority of the electors
6-16 voting at an election held for that purpose.
6-17 (c) A district may use money from the district's operation
6-18 and maintenance tax revenue to reimburse a developer of property in
6-19 the district, as defined by Section 50.026, or the developer's
6-20 assigns for planning, construction, or acquisition of facilities
6-21 only after the commission's executive director approves the
6-22 reimbursement.
6-23 SECTION 7. Section 53.070, Water Code, is amended to read as
6-24 follows:
6-25 Sec. 53.070. Supervisor's Compensation. (a) A supervisor
6-26 is entitled to receive fees of office of <for his services> not
6-27 more than $100 <$50> for each day the supervisor <he> actually
7-1 spends performing the duties of a supervisor. The fees of office
7-2 may not exceed $500 in any one month regardless of the number of
7-3 days spent in service of the district during that month <engages in
7-4 the work of the district>.
7-5 (b) A supervisor may receive, with the board's approval,
7-6 reimbursement of actual expenses reasonably incurred while serving
7-7 the district.
7-8 (c) Before a supervisor may receive compensation for <his>
7-9 services or reimbursement for travel or other expenses incurred
7-10 while serving the district, the supervisor must file with the
7-11 secretary <he must submit> a signed statement showing the number of
7-12 days actually spent in the service of the district, actual expenses
7-13 incurred, and a general description of duties performed during each
7-14 day of service <of his services similar to the one required by
7-15 Section 55.111(b) of this code>.
7-16 SECTION 8. Section 53.122(b), Water Code, is amended to read
7-17 as follows:
7-18 (b) The board may set a reasonable penalty for violating any
7-19 rule authorized by Subsection (a) of this section, within these
7-20 limits:
7-21 (1) a fine of not more than $1,000 <$200>;
7-22 (2) confinement in the county jail for not more than
7-23 30 days; or
7-24 (3) both the fine and the jail sentence.
7-25 SECTION 9. Section 54.114, Water Code, is amended to read as
7-26 follows:
7-27 Sec. 54.114. Fees of Office. (a) A director is <The
8-1 directors are> entitled to receive <as> fees of office of not more
8-2 than $100 <$50 a day> for each day the director actually spends
8-3 performing the duties of a director <of service necessary to
8-4 discharge their duties>. The fees of office may <shall> not exceed
8-5 $500 <the sum of $200> in any one month regardless of the number of
8-6 days spent in service of the district <of necessary service> during
8-7 that month.
8-8 (b) A director may receive, with the board's approval,
8-9 reimbursement of actual expenses reasonably incurred while serving
8-10 the district.
8-11 (c) Before a director may receive compensation for services
8-12 or reimbursement for travel or other expenses incurred while
8-13 serving the district, the director must file with the secretary a
8-14 signed statement showing the number of days actually spent in the
8-15 service of the district, actual expenses incurred, and a general
8-16 description of duties performed during each day of service <Upon
8-17 approval by the board, a director may be reimbursed for travel or
8-18 other expenses incurred on behalf of the district upon presentation
8-19 of a verified statement>.
8-20 SECTION 10. Section 54.209(a), Water Code, is amended to
8-21 read as follows:
8-22 (a) The board may set reasonable penalties for the breach of
8-23 any rule of the district, which shall not exceed fines of more than
8-24 $1,000 <$200> or imprisonment for more than 30 days or both.
8-25 SECTION 11. Section 54.311, Water Code, is amended to read
8-26 as follows:
8-27 Sec. 54.311. OPERATION AND MAINTENANCE TAX. (a) A district
9-1 may levy and collect a tax for operation and maintenance purposes,
9-2 including funds for planning, constructing, acquiring, maintaining,
9-3 repairing, and operating all necessary land, plants, works,
9-4 facilities, improvements, appliances, and equipment of the district
9-5 and for paying costs of proper services, engineering, and legal
9-6 fees, and organization and administrative expenses.
9-7 (b) An operation and <A> maintenance tax may not be levied
9-8 by a district until it is approved by a majority of the electors
9-9 voting at an election held for that purpose.
9-10 (c) A district may use operation and maintenance tax revenue
9-11 for any purpose if the money is not needed for the purposes for
9-12 which it was collected.
9-13 (d) A district may use money from the district's operation
9-14 and maintenance tax revenue to reimburse a developer of property in
9-15 the district, as defined by Section 50.026, or the developer's
9-16 assigns for planning, construction, or acquisition of facilities
9-17 only after the commission's executive director approves the
9-18 reimbursement.
9-19 SECTION 12. Section 55.111, Water Code, is amended to read
9-20 as follows:
9-21 Sec. 55.111. Compensation of Directors. (a) A director is
9-22 entitled to receive fees of office of not more than $100 <$50 a
9-23 day> for each day the director <he> actually spends performing the
9-24 <his> duties of <as> a director. The fees of office may not exceed
9-25 $500 in any one month regardless of the number of days spent in
9-26 service of the district during that month.
9-27 (b) A director may receive, with the board's approval,
10-1 reimbursement of actual expenses reasonably incurred while serving
10-2 the district.
10-3 (c) Before a director may receive compensation for <his>
10-4 services or reimbursement for travel or other expenses incurred
10-5 while serving the district, the director must <, he shall> file
10-6 with the secretary a signed statement showing <an affidavit
10-7 stating> the number of days actually spent in the service of the
10-8 district, actual expenses incurred, and a general description of
10-9 duties performed during each day of service <. The affidavit shall
10-10 be filed on the last Saturday of each month, or as soon after that
10-11 time as practicable>.
10-12 SECTION 13. Section 55.252(a), Water Code, is amended to
10-13 read as follows:
10-14 (a) A person who violates the provisions of this subchapter
10-15 or rules and regulations of the district upon conviction is
10-16 punishable by a fine of not more than $1,000 <$100> or by
10-17 confinement in the county jail for not more than 30 days, or by
10-18 both.
10-19 SECTION 14. Subchapter B, Chapter 56, Water Code, is amended
10-20 by adding Section 56.033 to read as follows:
10-21 Sec. 56.033. ALTERNATE PROCEDURE FOR CREATION. (a) The
10-22 landowners of a defined area of territory not included in a
10-23 district may file with the commissioners court a petition
10-24 requesting an election on the creation of a district. The petition
10-25 must:
10-26 (1) be signed by registered voters residing in the
10-27 territory equal in number to at least five percent of the number of
11-1 votes received in the territory to be included by all candidates in
11-2 the most recent gubernatorial general election; and
11-3 (2) describe by metes and bounds the territory to be
11-4 included in the district.
11-5 (b) The commissioners court shall call and hold a hearing to
11-6 determine if the petition meets the requirements of Subsection (a).
11-7 (c) If the commissioners court determines the petition meets
11-8 the requirements of Subsection (a), the court shall order an
11-9 election held in the proposed district to determine whether or not
11-10 the district should be created and whether or not the district
11-11 should issue bonds and levy taxes to pay for the bonds.
11-12 (d) The provisions of this subchapter, other than Section
11-13 56.019, govern the hearing and election.
11-14 SECTION 15. Section 56.067, Water Code, is amended to read
11-15 as follows:
11-16 Sec. 56.067. Director's Compensation. (a) A director <The
11-17 directors> of any district is <are> entitled to receive for the
11-18 director's <their> services not more than $100 <$50> a day for the
11-19 time actually engaged in the work of the district. The
11-20 commissioners court shall establish the amount of compensation by
11-21 order.
11-22 (b) A director may receive reimbursement of actual expenses
11-23 reasonably incurred while serving the district.
11-24 (c) Before a director's <the directors'> accounts are
11-25 approved, the director <directors> shall submit to the
11-26 commissioners court a signed statement <detailed written report,
11-27 under oath,> showing the time actually spent <in> working for the
12-1 district and describing the work done. The commissioners court
12-2 shall audit the report and allow the amount determined by it.
12-3 SECTION 16. Chapter 56, Water Code, is amended by adding
12-4 Subchapters J and K to read as follows:
12-5 SUBCHAPTER J. ALTERNATE PROCEDURE FOR ANNEXATION
12-6 BY EXISTING DISTRICT
12-7 Sec. 56.751. PETITION FOR ANNEXATION. The landowners of a
12-8 defined area of territory not included in a district may file with
12-9 the secretary of the board a petition requesting an election on the
12-10 inclusion of the territory in a district. The petition must:
12-11 (1) be signed by registered voters residing in the
12-12 territory equal in number to at least five percent of the number of
12-13 votes received in the territory to be included by all candidates in
12-14 the most recent gubernatorial general election; and
12-15 (2) describe by metes and bounds the territory to be
12-16 included in the district.
12-17 Sec. 56.752. HEARING ON DETERMINATION OF PETITION. (a) The
12-18 board shall hear the petition to determine if the petition meets
12-19 the requirements of Section 56.751.
12-20 (b) The board by order shall set the time and place of the
12-21 hearing on the petition. The hearing shall be held not less than
12-22 30 days after the date of the order.
12-23 Sec. 56.753. NOTICE OF HEARING. (a) The secretary of the
12-24 board shall issue notice of the time and place of the hearing. The
12-25 notice must describe the territory proposed to be annexed.
12-26 (b) The secretary shall post copies of the notice in three
12-27 public places in the district and one copy in a public place in the
13-1 territory proposed to be annexed. The notices must be posted for
13-2 at least 15 days before the day of the hearing.
13-3 (c) The notice must be published one time in a newspaper
13-4 with general circulation in the county. The notice must be
13-5 published at least 15 days before the day of the hearing.
13-6 Sec. 56.754. ELECTIONS TO APPROVE ANNEXATION OF TERRITORY.
13-7 (a) If the board determines the petition meets the requirements of
13-8 Section 56.751, the board shall order elections to approve the
13-9 annexation.
13-10 (b) Annexation of the territory must be approved by a
13-11 majority vote of the voters at a separate election held in the
13-12 district and by a majority vote of the voters at a separate
13-13 election held in the territory proposed to be added.
13-14 (c) If the district has outstanding debts or taxes, the
13-15 election to approve annexation also determines whether the
13-16 territory to be added assumes its proportion of the debts or taxes
13-17 if the territory is added to the district.
13-18 Sec. 56.755. NOTICE AND PROCEDURE OF ELECTION. The notice
13-19 of the election, the manner and the time of giving the notice, the
13-20 manner of holding the election, and qualifications of the voters
13-21 are governed by Subchapter E, Chapter 58.
13-22 Sec. 56.756. LIABILITY OF ADDED TERRITORY. The added
13-23 territory shall bear its pro rata part of all indebtedness or taxes
13-24 that may be owed, contracted, or authorized by the district to
13-25 which it is added.
13-26 SUBCHAPTER K. CONSOLIDATION OF DISTRICTS
13-27 Sec. 56.801. PETITION. Consolidation is initiated by a
14-1 petition requesting an election on the question. The petition must
14-2 be signed by registered voters residing in either district proposed
14-3 to be consolidated equal in number to at least five percent of the
14-4 number of votes received in the district by all candidates in the
14-5 most recent gubernatorial general election. The petition must be
14-6 presented to the commissioners court.
14-7 Sec. 56.802. ELECTION ORDER; NOTICE. (a) If the
14-8 commissioners court determines the petition meets the requirements
14-9 of Section 56.801, the commissioners court shall:
14-10 (1) issue an order for an election to be held on the
14-11 same day in each district included in the proposed consolidated
14-12 district; and
14-13 (2) give notice of the election.
14-14 (b) The ballot in the election shall be printed to permit
14-15 voting for or against the proposition: "Consolidation of
14-16 ________________ (names of districts) into a single drainage
14-17 district."
14-18 Sec. 56.803. CANVASS; RESULT. (a) The commissioners court
14-19 shall canvass the returns of the election. The commissioners shall
14-20 publish the results separately for each district.
14-21 (b) If the majority of votes cast in each district favor the
14-22 consolidation, the commissioners court shall declare the districts
14-23 consolidated.
14-24 Sec. 56.804. TITLE TO PROPERTY; ASSUMPTION OF DEBT. Title
14-25 to all property of the consolidating districts vests in the
14-26 consolidated district. The consolidated district assumes and is
14-27 liable for the outstanding indebtedness of the consolidating
15-1 districts.
15-2 SECTION 17. Section 57.056, Water Code, is amended to read
15-3 as follows:
15-4 Sec. 57.056. Compensation. (a) A <Each> director, whether
15-5 appointed or elected, is entitled to receive fees of office of <for
15-6 his services> not more than $100 <$50> a day for each day the
15-7 director actually spends performing the duties of a director. The
15-8 fees of office may not exceed $500 in any one month regardless of
15-9 the number of days spent in service of the district during that
15-10 month.
15-11 (b) A director may also receive, with the board's approval,
15-12 reimbursement of actual expenses reasonably incurred while serving
15-13 the district.
15-14 (c) Before a director may receive compensation for services
15-15 or reimbursement for travel or other expenses incurred while
15-16 serving the district, the director must file with the secretary a
15-17 signed statement showing the number of days actually spent in the
15-18 service of the district, actual expenses incurred, and a general
15-19 description of duties performed during each day of service <and all
15-20 his expenses for the time he is actually engaged in work of the
15-21 district. The commissioners court shall determine the amount of
15-22 per diem to which a director is entitled, and the expenses will be
15-23 paid on rendition of a sworn account approved by the county judge
15-24 of the county which has jurisdiction>.
15-25 SECTION 18. Section 57.063, Water Code, is repealed.
15-26 SECTION 19. This Act takes effect September 1, 1995.
15-27 SECTION 20. The importance of this legislation and the
16-1 crowded condition of the calendars in both houses create an
16-2 emergency and an imperative public necessity that the
16-3 constitutional rule requiring bills to be read on three several
16-4 days in each house be suspended, and this rule is hereby suspended.