By Harris H.B. No. 2189
74R5596 KKA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation and management of certain conservation
1-3 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 twelve months. A board must provide written notice of
2-13 the 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 Section 50.065 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 SECTION 3. Section 50.107(a), Water Code, is amended to read
4-17 as follows:
4-18 (a) Notwithstanding any other law to the contrary, a
4-19 district created under Article XVI, Section 59, of the Texas
4-20 Constitution, the boundaries of which include less than the total
4-21 area of one county, may not issue bonds that will be paid wholly or
4-22 partially by taxes levied by the district unless the commission
4-23 determines that the project to be financed by the bonds is feasible
4-24 and issues an order approving the bonds. This section does not
4-25 apply to refunding bonds or bonds issued to and approved by the
4-26 Farmers Home Administration, the United States Department of
4-27 Agriculture, or the Texas Water Development Board.
5-1 SECTION 4. Section 51.080, Water Code, is amended to read as
5-2 follows:
5-3 Sec. 51.080. Compensation of Directors. (a) A director is
5-4 entitled to receive fees of office <compensation> of not more than
5-5 $100 <$50 a day> for each day the director <he> actually spends
5-6 performing the <his> duties of <as> a director. The <, but the>
5-7 fees of office may <shall> not exceed $500 in <be more than $200
5-8 for> any one month regardless of the number of days spent in
5-9 service of the district during that month.
5-10 (b) A director may receive, with the board's approval,
5-11 reimbursement of actual expenses reasonably incurred while serving
5-12 the district.
5-13 (c) Before a director may receive compensation for <his>
5-14 services or reimbursement for travel or other expenses incurred
5-15 while serving the district, the director must <he shall> file with
5-16 the secretary a signed <verified> statement showing the number of
5-17 days actually spent in the service of the district, actual expenses
5-18 incurred, and a general description of duties performed during each
5-19 day of service<. The statement shall be filed on the last day of
5-20 the month, or as soon after that time as possible>.
5-21 SECTION 5. Section 51.131(a), Water Code, is amended to read
5-22 as follows:
5-23 (a) The board may set reasonable penalties for the breach of
5-24 any regulation of the district, which shall not exceed fines of
5-25 more than $1,000 <$200> or imprisonment for more than 30 days or
5-26 both.
5-27 SECTION 6. Section 51.360, Water Code, is amended to read as
6-1 follows:
6-2 Sec. 51.360. OPERATION AND MAINTENANCE TAX. (a) A district
6-3 may levy and collect a tax for operation and maintenance purposes,
6-4 including funds for planning, constructing, acquiring, maintaining,
6-5 repairing, and operating all necessary land, plants, works
6-6 <properties>, facilities, <and> improvements, appliances, and
6-7 equipment of the district and for paying costs of proper services,
6-8 engineering and legal fees, and organization and administrative
6-9 expenses.
6-10 (b) An operation and <A> maintenance tax may not be levied
6-11 by a district until it is approved by a majority of the electors
6-12 voting at an election held for that purpose.
6-13 (c) A district may use money from the district's operation
6-14 and maintenance tax revenue to reimburse a developer of property in
6-15 the district, as defined by Section 50.026, or the developer's
6-16 assigns for planning, construction, or acquisition of facilities
6-17 only after the district's executive director approves the
6-18 reimbursement.
6-19 SECTION 7. Section 53.070, Water Code, is amended to read as
6-20 follows:
6-21 Sec. 53.070. Supervisor's Compensation. (a) A supervisor
6-22 is entitled to receive fees of office of <for his services> not
6-23 more than $100 <$50> for each day the supervisor <he> actually
6-24 spends performing the duties of a supervisor. The fees of office
6-25 may not exceed $500 in any one month regardless of the number of
6-26 days spent in service of the district during that month <engages in
6-27 the work of the district>.
7-1 (b) A supervisor may receive, with the board's approval,
7-2 reimbursement of actual expenses reasonably incurred while serving
7-3 the district.
7-4 (c) Before a supervisor may receive compensation for <his>
7-5 services or reimbursement for travel or other expenses incurred
7-6 while serving the district, the supervisor must file with the
7-7 secretary <he must submit> a signed statement showing the number of
7-8 days actually spent in the service of the district, actual expenses
7-9 incurred, and a general description of duties performed during each
7-10 day of service <of his services similar to the one required by
7-11 Section 55.111(b) of this code>.
7-12 SECTION 8. Section 53.122(b), Water Code, is amended to read
7-13 as follows:
7-14 (b) The board may set a reasonable penalty for violating any
7-15 rule authorized by Subsection (a) of this section, within these
7-16 limits:
7-17 (1) a fine of not more than $1,000 <$200>;
7-18 (2) confinement in the county jail for not more than
7-19 30 days; or
7-20 (3) both the fine and the jail sentence.
7-21 SECTION 9. Section 54.114, Water Code, is amended to read as
7-22 follows:
7-23 Sec. 54.114. Fees of Office. (a) A director is <The
7-24 directors are> entitled to receive <as> fees of office of not more
7-25 than $100 <$50 a day> for each day the director actually spends
7-26 performing the duties of a director <of service necessary to
7-27 discharge their duties>. The fees of office may <shall> not exceed
8-1 $500 <the sum of $200> in any one month regardless of the number of
8-2 days spent in service of the district <of necessary service> during
8-3 that month.
8-4 (b) A director may receive, with the board's approval,
8-5 reimbursement of actual expenses reasonably incurred while serving
8-6 the district.
8-7 (c) Before a director may receive compensation for services
8-8 or reimbursement for travel or other expenses incurred while
8-9 serving the district, the director must file with the secretary a
8-10 signed statement showing the number of days actually spent in the
8-11 service of the district, actual expenses incurred, and a general
8-12 description of duties performed during each day of service <Upon
8-13 approval by the board, a director may be reimbursed for travel or
8-14 other expenses incurred on behalf of the district upon presentation
8-15 of a verified statement>.
8-16 SECTION 10. Section 54.209(a), Water Code, is amended to
8-17 read as follows:
8-18 (a) The board may set reasonable penalties for the breach of
8-19 any rule of the district, which shall not exceed fines of more than
8-20 $1,000 <$200> or imprisonment for more than 30 days or both.
8-21 SECTION 11. Section 54.311, Water Code, is amended to read
8-22 as follows:
8-23 Sec. 54.311. OPERATION AND MAINTENANCE TAX. (a) A district
8-24 may levy and collect a tax for operation and maintenance purposes,
8-25 including funds for planning, constructing, acquiring, maintaining,
8-26 repairing, and operating all necessary land, plants, works,
8-27 facilities, improvements, appliances, and equipment of the district
9-1 and for paying costs of proper services, engineering, and legal
9-2 fees, and organization and administrative expenses.
9-3 (b) An operation and <A> maintenance tax may not be levied
9-4 by a district until it is approved by a majority of the electors
9-5 voting at an election held for that purpose.
9-6 (c) A district may use operation and maintenance tax revenue
9-7 for any purpose if the money is not needed for the purposes for
9-8 which it was collected.
9-9 (d) A district may use money from the district's operation
9-10 and maintenance tax revenue to reimburse a developer of property in
9-11 the district, as defined by Section 50.026, or the developer's
9-12 assigns for planning, construction, or acquisition of facilities
9-13 only after the district's executive director approves the
9-14 reimbursement.
9-15 SECTION 12. Section 55.111, Water Code, is amended to read
9-16 as follows:
9-17 Sec. 55.111. Compensation of Directors. (a) A director is
9-18 entitled to receive fees of office of not more than $100 <$50 a
9-19 day> for each day the director <he> actually spends performing the
9-20 <his> duties of <as> a director. The fees of office may not exceed
9-21 $500 in any one month regardless of the number of days spent in
9-22 service of the district during that month.
9-23 (b) A director may receive, with the board's approval,
9-24 reimbursement of actual expenses reasonably incurred while serving
9-25 the district.
9-26 (c) Before a director may receive compensation for <his>
9-27 services or reimbursement for travel or other expenses incurred
10-1 while serving the district, the director must <, he shall> file
10-2 with the secretary a signed statement showing <an affidavit
10-3 stating> the number of days actually spent in the service of the
10-4 district, actual expenses incurred, and a general description of
10-5 duties performed during each day of service <. The affidavit shall
10-6 be filed on the last Saturday of each month, or as soon after that
10-7 time as practicable>.
10-8 SECTION 13. Section 55.252(a), Water Code, is amended to
10-9 read as follows:
10-10 (a) A person who violates the provisions of this subchapter
10-11 or rules and regulations of the district upon conviction is
10-12 punishable by a fine of not more than $1,000 <$100> or by
10-13 confinement in the county jail for not more than 30 days, or by
10-14 both.
10-15 SECTION 14. Section 56.067, Water Code, is amended to read
10-16 as follows:
10-17 Sec. 56.067. Director's Compensation. (a) A director <The
10-18 directors> of any district is <are> entitled to receive for the
10-19 director's <their> services not more than $100 <$50> a day for the
10-20 time actually engaged in the work of the district. The
10-21 commissioners court shall establish the amount of compensation by
10-22 order.
10-23 (b) A director may receive reimbursement of actual expenses
10-24 reasonably incurred while serving the district.
10-25 (c) Before a director's <the directors'> accounts are
10-26 approved, the director <directors> shall submit to the
10-27 commissioners court a signed statement <detailed written report,
11-1 under oath,> showing the time actually spent <in> working for the
11-2 district and describing the work done. The commissioners court
11-3 shall audit the report and allow the amount determined by it.
11-4 SECTION 15. Section 57.056, Water Code, is amended to read
11-5 as follows:
11-6 Sec. 57.056. Compensation. (a) A <Each> director, whether
11-7 appointed or elected, is entitled to receive fees of office of <for
11-8 his services> not more than $100 <$50> a day for each day the
11-9 director actually spends performing the duties of a director. The
11-10 fees of office may not exceed $500 in any one month regardless of
11-11 the number of days spent in service of the district during that
11-12 month.
11-13 (b) A director may also receive, with the board's approval,
11-14 reimbursement of actual expenses reasonably incurred while serving
11-15 the district.
11-16 (c) Before a director may receive compensation for services
11-17 or reimbursement for travel or other expenses incurred while
11-18 serving the district, the director must file with the secretary a
11-19 signed statement showing the number of days actually spent in the
11-20 service of the district, actual expenses incurred, and a general
11-21 description of duties performed during each day of service <and all
11-22 his expenses for the time he is actually engaged in work of the
11-23 district. The commissioners court shall determine the amount of
11-24 per diem to which a director is entitled, and the expenses will be
11-25 paid on rendition of a sworn account approved by the county judge
11-26 of the county which has jurisdiction>.
11-27 SECTION 16. Section 57.063, Water Code, is repealed.
12-1 SECTION 17. This Act takes effect September 1, 1995.
12-2 SECTION 18. The importance of this legislation and the
12-3 crowded condition of the calendars in both houses create an
12-4 emergency and an imperative public necessity that the
12-5 constitutional rule requiring bills to be read on three several
12-6 days in each house be suspended, and this rule is hereby suspended.