1-1 By: Harris (Senate Sponsor - Brown) H.B. No. 2189
1-2 (In the Senate - Received from the House May 4, 1995;
1-3 May 5, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 12, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 9, Nays 0; May 12, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Brown
1-7 SECTION _____. Section 58.079, Water Code, is amended to
1-8 read as follows:
1-9 Sec. 58.079. Compensation of Directors. (a) A director is
1-10 entitled to receive compensation of not more than $<25> 100 a day for
1-11 each day <he> the director actually spends performing his duties as a
1-12 director, but the fee shall not be more than $<100> 500 for any one
1-13 (1) month. (b) A director may receive, with the board's approval,
1-14 reimbursement of actual expenses reasonably incurred while serving
1-15 the district.
1-16 <(b)> (c) Before a director may receive compensation for his
1-17 services or reimbursement for travel or other expenses incurred
1-18 while serving the district, he shall file with the secretary, a
1-19 verified statement showing the number of days actually spent in the
1-20 service of the district, actual expenses incurred, and a general
1-21 description of duties performed during each day of service. The
1-22 statement shall be filed on the last day of the month, or as soon
1-23 after that time as possible.
1-24 SECTION _____. Section 58.131(a), Water Code, is amended to
1-25 read as follows:
1-26 (a) The Board may set reasonable penalties for the breach of
1-27 any rule of the district, which shall not exceed fines of more than
1-28 $<200> 1,000 or imprisonment for more than thirty (30) days, or both.
1-29 SECTION _____. Section 58.360, Water Code, is amended to
1-30 read as follows:
1-31 SECTION 58.360. OPERATION AND MAINTENANCE TAX.
1-32 (a) A district may levy and collect a tax for operation and
1-33 maintenance purposes, including funds for planning, constructing,
1-34 acquiring, maintaining, repairing, and operating all necessary land
1-35 plants, works, properties, facilities, equipment and improvements
1-36 of the district and for paying costs of proper services,
1-37 engineering and legal fees, and organization and administrative
1-38 expenses.
1-39 COMMITTEE AMENDMENT NO. 2 By: Brown
1-40 AMEND HB 2189 by adding the following:
1-41 SECTION 50.066. LABORATORY SERVICES. A district may
1-42 contract with any person, within or without the boundaries of the
1-43 district, to provide or receive laboratory services related to
1-44 environmental health or drinking water testing.
1-45 A BILL TO BE ENTITLED
1-46 AN ACT
1-47 relating to the creation, composition, operation, and management of
1-48 certain conservation and reclamation districts.
1-49 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-50 SECTION 1. Subchapter B, Chapter 50, Water Code, is amended
1-51 by adding Sections 50.0243 and 50.027 to read as follows:
1-52 Sec. 50.0243. COMMON ELECTIONS. (a) Two or more districts
1-53 may designate a common election office and common early and regular
1-54 polling places for the election of the districts' directors if:
1-55 (1) the districts are located in the same county;
1-56 (2) substantially all of the property in the districts
1-57 has been or is being developed as part of a single community
1-58 development plan; and
1-59 (3) the districts are served by common water supply
1-60 and wastewater systems.
1-61 (b) A common election office and common early and regular
1-62 polling places designated under this section must:
1-63 (1) be in buildings open to the public;
1-64 (2) be in at least one of the districts; and
1-65 (3) meet the requirements of the Election Code and
1-66 other general law applicable to polling places.
1-67 (c) Common early and regular polling places designated under
1-68 this section must be located not farther than five miles from any
2-1 territory contained in any of the districts.
2-2 (d) Districts that designate a common election office and
2-3 common early and regular polling places under this section may
2-4 designate a common election officer and common early and regular
2-5 voting officials for commonly held elections of directors. The
2-6 designated officer and officials must be qualified voters residing
2-7 in at least one of the districts and may be nonelective employees
2-8 of one or more of the districts.
2-9 Sec. 50.027. REMOVAL OF MEMBERS OF GOVERNING BOARDS. (a) A
2-10 governing board of a district may remove a board member by
2-11 unanimous vote of the other board members if the member has missed
2-12 one-half or more of the board's regular meetings during the
2-13 preceding 12 months. A board must provide written notice of the
2-14 removal to the removed member.
2-15 (b) A board member removed under this section may appeal the
2-16 removal in writing to the commission not later than the 30th day
2-17 after receipt of written notice of the removal. The commission may
2-18 reinstate the member if the commission finds that the removal was
2-19 without good cause. In determining good cause the commission may
2-20 consider the circumstances, including the member's reasons for
2-21 absences, times and places of meetings missed, business conducted
2-22 at meetings missed, and other relevant matters.
2-23 (c) The office of a member removed under this section
2-24 becomes vacant when:
2-25 (1) the time for appeal under Subsection (b) has
2-26 expired and an appeal has not been filed; or
2-27 (2) the commission issues an order upholding the
2-28 removal.
2-29 SECTION 2. Subchapter C, Chapter 50, Water Code, is amended
2-30 by adding Sections 50.065 and 50.066 to read as follows:
2-31 Sec. 50.065. SALE OR EXCHANGE OF SURPLUS PROPERTY. (a) In
2-32 this section, "surplus property" means personal property or an
2-33 interest in land owned by a district that is not needed by the
2-34 district.
2-35 (b) A district may, with board approval:
2-36 (1) sell surplus property by public or private sale;
2-37 or
2-38 (2) exchange surplus property for property needed by
2-39 the district with a comparable fair market value, as determined by
2-40 the board.
2-41 (c) As authorized by the board, a district may, without
2-42 receiving compensation, abandon surplus property that was acquired
2-43 by or dedicated to the district at no cost to the district or
2-44 release surplus property that was acquired by or dedicated to the
2-45 district at no cost to the district to the person who provided the
2-46 surplus property to the district, or to the person's successors.
2-47 (d) As authorized by the board, a district may transfer
2-48 surplus property to or exchange surplus property with another
2-49 district, municipality, county, countywide agency, or authority on
2-50 terms and under conditions the board considers necessary or
2-51 advantageous.
2-52 (e) A district may, with board approval, transfer, abandon,
2-53 or release small portions of surplus property that are included in
2-54 boundary or surveying conflicts, minor encroachments by abutting
2-55 property owners, or similar areas to the abutting property owner,
2-56 or exchange those small portions with the abutting property owner,
2-57 under conditions the board considers necessary or advantageous.
2-58 (f) A district must publish advance notice of a private or
2-59 public sale under Subsection (b) once each week for two consecutive
2-60 weeks in one or more newspapers with general circulation in the
2-61 district.
2-62 (g) A district shall apply proceeds from a private or public
2-63 sale under Subsection (b) to outstanding district bonds secured by
2-64 a pledge of tax revenues if required by the district's applicable
2-65 bond resolutions. A district may use proceeds for any purpose if
2-66 the district has no outstanding bonds to which the district must
2-67 apply proceeds under this subsection.
2-68 (h) Section 272.001, Local Government Code, does not apply
2-69 to a district's disposition of surplus property under Subsection
2-70 (c), (d), or (e).
3-1 Sec. 50.066. LABORATORY SERVICES. A district may contract
3-2 with any person, within or without the boundaries of the district,
3-3 to provide or receive laboratory services related to environmental,
3-4 health, or drinking water testing.
3-5 SECTION 3. Section 50.107(a), Water Code, is amended to read
3-6 as follows:
3-7 (a) Notwithstanding any other law to the contrary, a
3-8 district created under Article XVI, Section 59, of the Texas
3-9 Constitution, the boundaries of which include less than the total
3-10 area of one county, may not issue bonds that will be paid wholly or
3-11 partially by taxes levied by the district unless the commission
3-12 determines that the project to be financed by the bonds is feasible
3-13 and issues an order approving the bonds. This section does not
3-14 apply to refunding bonds or bonds issued to and approved by the
3-15 Farmers Home Administration, the United States Department of
3-16 Agriculture, or the Texas Water Development Board.
3-17 SECTION 4. Section 51.080, Water Code, is amended to read as
3-18 follows:
3-19 Sec. 51.080. Compensation of Directors. (a) A director is
3-20 entitled to receive fees of office <compensation> of not more than
3-21 $100 <$50 a day> for each day the director <he> actually spends
3-22 performing the <his> duties of <as> a director. The <, but the>
3-23 fees of office may <shall> not exceed $500 in <be more than $200
3-24 for> any one month regardless of the number of days spent in
3-25 service of the district during that month.
3-26 (b) A director may receive, with the board's approval,
3-27 reimbursement of actual expenses reasonably incurred while serving
3-28 the district.
3-29 (c) Before a director may receive compensation for <his>
3-30 services or reimbursement for travel or other expenses incurred
3-31 while serving the district, the director must <he shall> file with
3-32 the secretary a signed <verified> statement showing the number of
3-33 days actually spent in the service of the district, actual expenses
3-34 incurred, and a general description of duties performed during each
3-35 day of service<. The statement shall be filed on the last day of
3-36 the month, or as soon after that time as possible>.
3-37 SECTION 5. Section 51.131(a), Water Code, is amended to read
3-38 as follows:
3-39 (a) The board may set reasonable penalties for the breach of
3-40 any regulation of the district, which shall not exceed fines of
3-41 more than $1,000 <$200> or imprisonment for more than 30 days or
3-42 both.
3-43 SECTION 6. Section 51.360, Water Code, is amended to read as
3-44 follows:
3-45 Sec. 51.360. OPERATION AND MAINTENANCE TAX. (a) A district
3-46 may levy and collect a tax for operation and maintenance purposes,
3-47 including funds for planning, constructing, acquiring, maintaining,
3-48 repairing, and operating all necessary land, plants, works
3-49 <properties>, facilities, <and> improvements, appliances, and
3-50 equipment of the district and for paying costs of proper services,
3-51 engineering and legal fees, and organization and administrative
3-52 expenses.
3-53 (b) An operation and <A> maintenance tax may not be levied
3-54 by a district until it is approved by a majority of the electors
3-55 voting at an election held for that purpose.
3-56 (c) A district may use money from the district's operation
3-57 and maintenance tax revenue to reimburse a developer of property in
3-58 the district, as defined by Section 50.026, or the developer's
3-59 assigns for planning, construction, or acquisition of facilities
3-60 only after the commission's executive director approves the
3-61 reimbursement.
3-62 SECTION 7. Section 53.070, Water Code, is amended to read as
3-63 follows:
3-64 Sec. 53.070. Supervisor's Compensation. (a) A supervisor
3-65 is entitled to receive fees of office of <for his services> not
3-66 more than $100 <$50> for each day the supervisor <he> actually
3-67 spends performing the duties of a supervisor. The fees of office
3-68 may not exceed $500 in any one month regardless of the number of
3-69 days spent in service of the district during that month <engages in
3-70 the work of the district>.
4-1 (b) A supervisor may receive, with the board's approval,
4-2 reimbursement of actual expenses reasonably incurred while serving
4-3 the district.
4-4 (c) Before a supervisor may receive compensation for <his>
4-5 services or reimbursement for travel or other expenses incurred
4-6 while serving the district, the supervisor must file with the
4-7 secretary <he must submit> a signed statement showing the number of
4-8 days actually spent in the service of the district, actual expenses
4-9 incurred, and a general description of duties performed during each
4-10 day of service <of his services similar to the one required by
4-11 Section 55.111(b) of this code>.
4-12 SECTION 8. Section 53.122(b), Water Code, is amended to read
4-13 as follows:
4-14 (b) The board may set a reasonable penalty for violating any
4-15 rule authorized by Subsection (a) of this section, within these
4-16 limits:
4-17 (1) a fine of not more than $1,000 <$200>;
4-18 (2) confinement in the county jail for not more than
4-19 30 days; or
4-20 (3) both the fine and the jail sentence.
4-21 SECTION 9. Section 54.114, Water Code, is amended to read as
4-22 follows:
4-23 Sec. 54.114. Fees of Office. (a) A director is <The
4-24 directors are> entitled to receive <as> fees of office of not more
4-25 than $100 <$50 a day> for each day the director actually spends
4-26 performing the duties of a director <of service necessary to
4-27 discharge their duties>. The fees of office may <shall> not exceed
4-28 $500 <the sum of $200> in any one month regardless of the number of
4-29 days spent in service of the district <of necessary service> during
4-30 that month.
4-31 (b) A director may receive, with the board's approval,
4-32 reimbursement of actual expenses reasonably incurred while serving
4-33 the district.
4-34 (c) Before a director may receive compensation for services
4-35 or reimbursement for travel or other expenses incurred while
4-36 serving the district, the director must file with the secretary a
4-37 signed statement showing the number of days actually spent in the
4-38 service of the district, actual expenses incurred, and a general
4-39 description of duties performed during each day of service <Upon
4-40 approval by the board, a director may be reimbursed for travel or
4-41 other expenses incurred on behalf of the district upon presentation
4-42 of a verified statement>.
4-43 SECTION 10. Section 54.209(a), Water Code, is amended to
4-44 read as follows:
4-45 (a) The board may set reasonable penalties for the breach of
4-46 any rule of the district, which shall not exceed fines of more than
4-47 $1,000 <$200> or imprisonment for more than 30 days or both.
4-48 SECTION 11. Section 54.311, Water Code, is amended to read
4-49 as follows:
4-50 Sec. 54.311. OPERATION AND MAINTENANCE TAX. (a) A district
4-51 may levy and collect a tax for operation and maintenance purposes,
4-52 including funds for planning, constructing, acquiring, maintaining,
4-53 repairing, and operating all necessary land, plants, works,
4-54 facilities, improvements, appliances, and equipment of the district
4-55 and for paying costs of proper services, engineering, and legal
4-56 fees, and organization and administrative expenses.
4-57 (b) An operation and <A> maintenance tax may not be levied
4-58 by a district until it is approved by a majority of the electors
4-59 voting at an election held for that purpose.
4-60 (c) A district may use operation and maintenance tax revenue
4-61 for any purpose if the money is not needed for the purposes for
4-62 which it was collected.
4-63 (d) A district may use money from the district's operation
4-64 and maintenance tax revenue to reimburse a developer of property in
4-65 the district, as defined by Section 50.026, or the developer's
4-66 assigns for planning, construction, or acquisition of facilities
4-67 only after the commission's executive director approves the
4-68 reimbursement.
4-69 SECTION 12. Section 55.111, Water Code, is amended to read
4-70 as follows:
5-1 Sec. 55.111. Compensation of Directors. (a) A director is
5-2 entitled to receive fees of office of not more than $100 <$50 a
5-3 day> for each day the director <he> actually spends performing the
5-4 <his> duties of <as> a director. The fees of office may not exceed
5-5 $500 in any one month regardless of the number of days spent in
5-6 service of the district during that month.
5-7 (b) A director may receive, with the board's approval,
5-8 reimbursement of actual expenses reasonably incurred while serving
5-9 the district.
5-10 (c) Before a director may receive compensation for <his>
5-11 services or reimbursement for travel or other expenses incurred
5-12 while serving the district, the director must <, he shall> file
5-13 with the secretary a signed statement showing <an affidavit
5-14 stating> the number of days actually spent in the service of the
5-15 district, actual expenses incurred, and a general description of
5-16 duties performed during each day of service <. The affidavit shall
5-17 be filed on the last Saturday of each month, or as soon after that
5-18 time as practicable>.
5-19 SECTION 13. Section 55.252(a), Water Code, is amended to
5-20 read as follows:
5-21 (a) A person who violates the provisions of this subchapter
5-22 or rules and regulations of the district upon conviction is
5-23 punishable by a fine of not more than $1,000 <$100> or by
5-24 confinement in the county jail for not more than 30 days, or by
5-25 both.
5-26 SECTION 14. Subchapter B, Chapter 56, Water Code, is amended
5-27 by adding Section 56.033 to read as follows:
5-28 Sec. 56.033. ALTERNATE PROCEDURE FOR CREATION. (a) The
5-29 landowners of a defined area of territory not included in a
5-30 district may file with the commissioners court a petition
5-31 requesting an election on the creation of a district. The petition
5-32 must:
5-33 (1) be signed by registered voters residing in the
5-34 territory equal in number to at least five percent of the number of
5-35 votes received in the territory to be included by all candidates in
5-36 the most recent gubernatorial general election; and
5-37 (2) describe by metes and bounds the territory to be
5-38 included in the district.
5-39 (b) The commissioners court shall call and hold a hearing to
5-40 determine if the petition meets the requirements of Subsection (a).
5-41 (c) If the commissioners court determines the petition meets
5-42 the requirements of Subsection (a), the court shall order an
5-43 election held in the proposed district to determine whether or not
5-44 the district should be created and whether or not the district
5-45 should issue bonds and levy taxes to pay for the bonds.
5-46 (d) The provisions of this subchapter, other than Section
5-47 56.019, govern the hearing and election.
5-48 SECTION 15. Section 56.067, Water Code, is amended to read
5-49 as follows:
5-50 Sec. 56.067. Director's Compensation. (a) A director <The
5-51 directors> of any district is <are> entitled to receive for the
5-52 director's <their> services not more than $100 <$50> a day for the
5-53 time actually engaged in the work of the district. The
5-54 commissioners court shall establish the amount of compensation by
5-55 order.
5-56 (b) A director may receive reimbursement of actual expenses
5-57 reasonably incurred while serving the district.
5-58 (c) Before a director's <the directors'> accounts are
5-59 approved, the director <directors> shall submit to the
5-60 commissioners court a signed statement <detailed written report,
5-61 under oath,> showing the time actually spent <in> working for the
5-62 district and describing the work done. The commissioners court
5-63 shall audit the report and allow the amount determined by it.
5-64 SECTION 16. Chapter 56, Water Code, is amended by adding
5-65 Subchapters J and K to read as follows:
5-66 SUBCHAPTER J. ALTERNATE PROCEDURE FOR ANNEXATION
5-67 BY EXISTING DISTRICT
5-68 Sec. 56.751. PETITION FOR ANNEXATION. The landowners of a
5-69 defined area of territory not included in a district may file with
5-70 the secretary of the board a petition requesting an election on the
6-1 inclusion of the territory in a district. The petition must:
6-2 (1) be signed by registered voters residing in the
6-3 territory equal in number to at least five percent of the number of
6-4 votes received in the territory to be included by all candidates in
6-5 the most recent gubernatorial general election; and
6-6 (2) describe by metes and bounds the territory to be
6-7 included in the district.
6-8 Sec. 56.752. HEARING ON DETERMINATION OF PETITION. (a) The
6-9 board shall hear the petition to determine if the petition meets
6-10 the requirements of Section 56.751.
6-11 (b) The board by order shall set the time and place of the
6-12 hearing on the petition. The hearing shall be held not less than
6-13 30 days after the date of the order.
6-14 Sec. 56.753. NOTICE OF HEARING. (a) The secretary of the
6-15 board shall issue notice of the time and place of the hearing. The
6-16 notice must describe the territory proposed to be annexed.
6-17 (b) The secretary shall post copies of the notice in three
6-18 public places in the district and one copy in a public place in the
6-19 territory proposed to be annexed. The notices must be posted for
6-20 at least 15 days before the day of the hearing.
6-21 (c) The notice must be published one time in a newspaper
6-22 with general circulation in the county. The notice must be
6-23 published at least 15 days before the day of the hearing.
6-24 Sec. 56.754. ELECTIONS TO APPROVE ANNEXATION OF TERRITORY.
6-25 (a) If the board determines the petition meets the requirements of
6-26 Section 56.751, the board shall order elections to approve the
6-27 annexation.
6-28 (b) Annexation of the territory must be approved by a
6-29 majority vote of the voters at a separate election held in the
6-30 district and by a majority vote of the voters at a separate
6-31 election held in the territory proposed to be added.
6-32 (c) If the district has outstanding debts or taxes, the
6-33 election to approve annexation also determines whether the
6-34 territory to be added assumes its proportion of the debts or taxes
6-35 if the territory is added to the district.
6-36 Sec. 56.755. NOTICE AND PROCEDURE OF ELECTION. The notice
6-37 of the election, the manner and the time of giving the notice, the
6-38 manner of holding the election, and qualifications of the voters
6-39 are governed by Subchapter E, Chapter 58.
6-40 Sec. 56.756. LIABILITY OF ADDED TERRITORY. The added
6-41 territory shall bear its pro rata part of all indebtedness or taxes
6-42 that may be owed, contracted, or authorized by the district to
6-43 which it is added.
6-44 SUBCHAPTER K. CONSOLIDATION OF DISTRICTS
6-45 Sec. 56.801. PETITION. Consolidation is initiated by a
6-46 petition requesting an election on the question. The petition must
6-47 be signed by registered voters residing in either district proposed
6-48 to be consolidated equal in number to at least five percent of the
6-49 number of votes received in the district by all candidates in the
6-50 most recent gubernatorial general election. The petition must be
6-51 presented to the commissioners court.
6-52 Sec. 56.802. ELECTION ORDER; NOTICE. (a) If the
6-53 commissioners court determines the petition meets the requirements
6-54 of Section 56.801, the commissioners court shall:
6-55 (1) issue an order for an election to be held on the
6-56 same day in each district included in the proposed consolidated
6-57 district; and
6-58 (2) give notice of the election.
6-59 (b) The ballot in the election shall be printed to permit
6-60 voting for or against the proposition: "Consolidation of
6-61 ________________ (names of districts) into a single drainage
6-62 district."
6-63 Sec. 56.803. CANVASS; RESULT. (a) The commissioners court
6-64 shall canvass the returns of the election. The commissioners shall
6-65 publish the results separately for each district.
6-66 (b) If the majority of votes cast in each district favor the
6-67 consolidation, the commissioners court shall declare the districts
6-68 consolidated.
6-69 Sec. 56.804. TITLE TO PROPERTY; ASSUMPTION OF DEBT. Title
6-70 to all property of the consolidating districts vests in the
7-1 consolidated district. The consolidated district assumes and is
7-2 liable for the outstanding indebtedness of the consolidating
7-3 districts.
7-4 SECTION 17. Section 57.056, Water Code, is amended to read
7-5 as follows:
7-6 Sec. 57.056. Compensation. (a) A <Each> director, whether
7-7 appointed or elected, is entitled to receive fees of office of <for
7-8 his services> not more than $100 <$50> a day for each day the
7-9 director actually spends performing the duties of a director. The
7-10 fees of office may not exceed $500 in any one month regardless of
7-11 the number of days spent in service of the district during that
7-12 month.
7-13 (b) A director may also receive, with the board's approval,
7-14 reimbursement of actual expenses reasonably incurred while serving
7-15 the district.
7-16 (c) Before a director may receive compensation for services
7-17 or reimbursement for travel or other expenses incurred while
7-18 serving the district, the director must file with the secretary a
7-19 signed statement showing the number of days actually spent in the
7-20 service of the district, actual expenses incurred, and a general
7-21 description of duties performed during each day of service <and all
7-22 his expenses for the time he is actually engaged in work of the
7-23 district. The commissioners court shall determine the amount of
7-24 per diem to which a director is entitled, and the expenses will be
7-25 paid on rendition of a sworn account approved by the county judge
7-26 of the county which has jurisdiction>.
7-27 SECTION 18. Section 57.063, Water Code, is repealed.
7-28 SECTION 19. This Act takes effect September 1, 1995.
7-29 SECTION 20. The importance of this legislation and the
7-30 crowded condition of the calendars in both houses create an
7-31 emergency and an imperative public necessity that the
7-32 constitutional rule requiring bills to be read on three several
7-33 days in each house be suspended, and this rule is hereby suspended.
7-34 * * * * *