By Yost                                               H.B. No. 2867
       74R6977 KKA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the powers, operation, and management of certain
    1-3  conservation and reclamation districts and creating an offense for
    1-4  operating a motor vehicle on property owned or controlled by
    1-5  certain conservation and reclamation districts; providing
    1-6  penalties.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Section 50.004(a), Water Code, is amended to read
    1-9  as follows:
   1-10        (a)  In a general election for board members under Chapter
   1-11  51, 52, 53, <or> 54, 55, or 58 of this code, or for board members
   1-12  of a river authority created under Section 59, Article XVI, Texas
   1-13  Constitution, a write-in vote may not be counted unless the name
   1-14  written in appears on the list of write-in candidates.
   1-15        SECTION 2.  Section 51.080, Water Code, is amended to read as
   1-16  follows:
   1-17        Sec. 51.080.  COMPENSATION OF DIRECTORS.  (a)  A director is
   1-18  entitled to receive fees of office <compensation> of not more than
   1-19  $100 <$50 a day> for each day the director <he> actually spends
   1-20  performing the <his> duties of <as> a director.  The <, but the>
   1-21  fees of office may <shall> not exceed $6,000 per year <be more than
   1-22  $200 for any one month>.
   1-23        (b)  A director is entitled to receive reimbursement of
   1-24  actual expenses reasonably incurred while serving the district.
    2-1        (c)  Before a director may receive compensation for <his>
    2-2  services or reimbursement for expenses, the director must <, he
    2-3  shall> file with the secretary a verified statement showing the
    2-4  number of days actually spent in the service of the district,
    2-5  actual expenses incurred, and a general description of duties
    2-6  performed during each day of service<.  The statement shall be
    2-7  filed on the last day of the month, or as soon after that time as
    2-8  possible>.
    2-9        SECTION 3.  Subchapter D, Chapter 51, Water Code, is amended
   2-10  by adding Sections 51.196, 51.197, and 51.198 to read as follows:
   2-11        Sec. 51.196.  FEES AND CHARGES.  (a)  A district may adopt
   2-12  and enforce all necessary charges, fees, or rentals for providing
   2-13  or making available any district facility or service.
   2-14        (b)  A district may require a deposit for any service or
   2-15  facility furnished.  The district may determine whether the deposit
   2-16  bears interest.
   2-17        (c)  A district may discontinue a facility or service to
   2-18  enforce payment of an unpaid charge, fee, or rental.
   2-19        (d)  Notwithstanding any other law, a district that charges
   2-20  an impact fee as defined by Section 395.001, Local Government Code,
   2-21  must comply with Chapter 395, Local Government Code.  A charge or
   2-22  fee by a district for construction, installation, or inspection of
   2-23  a tap or connection to district water, sanitary sewer, or drainage
   2-24  facilities, including all necessary service lines and meters, is
   2-25  not an impact fee, as defined by Section 395.001, Local Government
   2-26  Code, if the charge or fee:
   2-27              (1)  does not exceed three times the actual cost to the
    3-1  district for the work; or
    3-2              (2)  if imposed on a nontaxable entity, does not exceed
    3-3  the actual cost to the district for the work and for facilities
    3-4  financed or to be financed in whole or in part by tax-supported
    3-5  bonds of the district that are necessary to provide the services to
    3-6  the entity.
    3-7        Sec. 51.197.  LEASE OF PROPERTY.  A district may lease
    3-8  property for the district's use on terms the board determines to be
    3-9  advantageous.
   3-10        Sec. 51.198.  OPERATION OF MOTOR VEHICLES ON OR NEAR DISTRICT
   3-11  PROPERTY OR FACILITY.  (a)  In this section, "motor vehicle" has
   3-12  the meaning assigned by Section 2(b), Uniform Act Regulating
   3-13  Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes).
   3-14        (b)  Except as provided by Subsections (c) and (d), a person
   3-15  may not operate a motor vehicle:
   3-16              (1)  on a levee or in a drainage ditch owned or
   3-17  controlled by a district; or
   3-18              (2)  on land that is:
   3-19                    (A)  adjacent to a levee, canal, ditch, exposed
   3-20  conduit, pipeline, pumping plant, storm water facility, or other
   3-21  facility for the transmission, storage, treatment, or distribution
   3-22  of water, sewage, or storm water; and
   3-23                    (B)  owned or controlled by a district.
   3-24        (c)  A district may authorize the use of a motor vehicle on
   3-25  property that the district owns or controls.  The district shall
   3-26  post signs on property on which the district authorizes motor
   3-27  vehicle use.
    4-1        (d)  This section does not prohibit a person from:
    4-2              (1)  driving on a public road or highway; or
    4-3              (2)  operating a motor vehicle that is being used for
    4-4  repair or maintenance of a public water, sewer, or storm water
    4-5  facility.
    4-6        (e)  A person who operates a motor vehicle in violation of
    4-7  Subsection (b) commits an offense.  An offense under this section
    4-8  is a Class C misdemeanor, except that if a person previously has
    4-9  been convicted of an offense under this section, an offense is a
   4-10  Class B misdemeanor.
   4-11        SECTION 4.  Sections 51.303, 51.313, and 55.111, Water Code,
   4-12  are amended to read as follows:
   4-13        Sec. 51.303.  AUTHORITY TO DETERMINE RULES AND REGULATIONS.
   4-14  (a)  The board may adopt, alter, enforce, and rescind rules,
   4-15  regulations, and standing and temporary orders which do not
   4-16  conflict with the provisions of this subchapter and which govern:
   4-17              (1)  methods, terms, and conditions of water service;
   4-18              (2)  applications for water;
   4-19              (3)  assessments for maintenance and operation;
   4-20              (4)  payment and the enforcement of payment of the
   4-21  assessments;
   4-22              (5)  furnishing water to persons who did not apply for
   4-23  it before the date of assessment; and
   4-24              (6)  furnishing water to persons who wish to take water
   4-25  for irrigation in excess of their original applications or for use
   4-26  on land not covered by their original applications.
   4-27        (b)  Before the effective date of an adopted rule,
    5-1  regulation, or order, the board must:
    5-2              (1)  publish a copy of the adopted rule, regulation, or
    5-3  order once a week for two consecutive weeks in at least one
    5-4  newspaper of general circulation in the district; and
    5-5              (2)  record the text of the adopted rule, regulation,
    5-6  or order in the district's minutes.
    5-7        (c)  A district may exercise its police power to enforce an
    5-8  adopted rule, regulation, or order only after complying with
    5-9  Subsection (b).
   5-10        Sec. 51.313.  INTEREST AND COLLECTION FEES.  (a)  All
   5-11  assessments shall bear interest from the date payment is due at the
   5-12  rate of 15 <10> percent a year.
   5-13        (b)  If suit is filed to foreclose a lien on crops or if a
   5-14  delinquent assessment is collected by any legal proceeding, an
   5-15  additional amount of 15 <10> percent on unpaid principal and
   5-16  interest shall be added as collection or attorney's fees.
   5-17        Sec. 55.111.  COMPENSATION OF DIRECTORS.  (a)  A director is
   5-18  entitled to receive fees of office of not more than $100 <$50 a
   5-19  day> for each day the director <he> actually spends performing the
   5-20  <his> duties of <as> a director.  The fees of office may not exceed
   5-21  $6,000 per year.
   5-22        (b)  A director is entitled to receive reimbursement of
   5-23  actual expenses reasonably incurred while serving the district.
   5-24        (c)  Before a director may receive compensation for <his>
   5-25  services or reimbursement for expenses, the director must <, he
   5-26  shall> file with the secretary a verified statement showing <an
   5-27  affidavit stating> the number of days actually spent in the service
    6-1  of the district, actual expenses incurred, and a general
    6-2  description of duties performed during each day of service <.  The
    6-3  affidavit shall be filed on the last Saturday of each month, or as
    6-4  soon after that time as practicable>.
    6-5        SECTION 5.  Subchapter D, Chapter 55, Water Code, is amended
    6-6  by adding Sections 55.205, 55.206, and 55.207 to read as follows:
    6-7        Sec. 55.205.  FEES AND CHARGES.  (a)  A district may adopt
    6-8  and enforce all necessary charges, fees, or rentals for providing
    6-9  or making available any district facility or service.
   6-10        (b)  A district may require a deposit for any service or
   6-11  facility furnished.  The district may determine whether the deposit
   6-12  bears interest.
   6-13        (c)  A district may discontinue a facility or service to
   6-14  enforce payment of an unpaid charge, fee, or rental.
   6-15        (d)  Notwithstanding any other law, a district that charges
   6-16  an impact fee as defined by Section 395.001, Local Government Code,
   6-17  must comply with Chapter 395, Local Government Code.  A charge or
   6-18  fee by a district for construction, installation, or inspection of
   6-19  a tap or connection to district water, sanitary sewer, or drainage
   6-20  facilities, including all necessary service lines and meters, is
   6-21  not an impact fee, as defined by Section 395.001, Local Government
   6-22  Code, if the charge or fee:
   6-23              (1)  does not exceed three times the actual cost to the
   6-24  district for the work; or
   6-25              (2)  if imposed on a nontaxable entity, does not exceed
   6-26  the actual cost to the district for the work and for facilities
   6-27  financed or to be financed in whole or in part by tax-supported
    7-1  bonds of the district that are necessary to provide the services to
    7-2  the entity.
    7-3        Sec. 55.206.  LEASE OF PROPERTY.  A district may lease
    7-4  property for the district's use on terms the board determines to be
    7-5  advantageous.
    7-6        Sec. 55.207.  OPERATION OF MOTOR VEHICLES ON OR NEAR DISTRICT
    7-7  PROPERTY OR FACILITY.  (a)  In this section, "motor vehicle" has
    7-8  the meaning assigned by Section 2(b), Uniform Act Regulating
    7-9  Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes).
   7-10        (b)  Except as provided by Subsections (c) and (d), a person
   7-11  may not operate a motor vehicle:
   7-12              (1)  on a levee or in a drainage ditch owned or
   7-13  controlled by a district; or
   7-14              (2)  on land that is:
   7-15                    (A)  adjacent to a levee, canal, ditch, exposed
   7-16  conduit, pipeline, pumping plant, storm water facility, or other
   7-17  facility for the transmission, storage, treatment, or distribution
   7-18  of water, sewage, or storm water; and
   7-19                    (B)  owned or controlled by a district.
   7-20        (c)  A district may authorize the use of a motor vehicle on
   7-21  property that the district owns or controls.  The district shall
   7-22  post signs on property on which the district authorizes motor
   7-23  vehicle use.
   7-24        (d)  This section does not prohibit a person from:
   7-25              (1)  driving on a public road or highway; or
   7-26              (2)  operating a motor vehicle that is being used for
   7-27  repair or maintenance of a public water, sewer, or storm water
    8-1  facility.
    8-2        (e)  A person who operates a motor vehicle in violation of
    8-3  Subsection (b) commits an offense.  An offense under this section
    8-4  is a Class C misdemeanor, except that if a person previously has
    8-5  been convicted of an offense under this section, an offense is a
    8-6  Class B misdemeanor.
    8-7        SECTION 6.  Sections 55.363, 55.371, and 58.079, Water Code,
    8-8  are amended to read as follows:
    8-9        Sec. 55.363.  INTEREST AND COLLECTION FEES.  (a)  All
   8-10  assessments shall bear interest from the date payment is due at the
   8-11  rate of 15 <10> percent a year.
   8-12        (b)  If suit is filed to foreclose a lien on crops or if a
   8-13  delinquent assessment is collected by any legal proceeding, an
   8-14  additional amount of 15 <10> percent on unpaid principal and
   8-15  interest shall be added as collection or attorney's fees.
   8-16        Sec. 55.371.  AUTHORITY TO DETERMINE RULES AND REGULATIONS.
   8-17  (a)  The directors may adopt, alter, enforce, and rescind rules,
   8-18  regulations, and standing and temporary orders which do not
   8-19  conflict with the provisions of this chapter and which govern:
   8-20              (1)  methods, terms and conditions of water service;
   8-21              (2)  applications for water;
   8-22              (3)  assessments for maintenance and operation;
   8-23              (4)  payment and the enforcement of payment of the
   8-24  assessments;
   8-25              (5)  furnishing of water to persons who did not apply
   8-26  for it before the date of assessment; and
   8-27              (6)  furnishing of water to persons who wish to take
    9-1  water for irrigation in excess of their original applications or
    9-2  for use on land not covered by their original applications.
    9-3        (b)  Before the effective date of an adopted rule,
    9-4  regulation, or order, the board must:
    9-5              (1)  publish a copy of the adopted rule, regulation, or
    9-6  order once a week for two consecutive weeks in at least one
    9-7  newspaper of general circulation in the district; and
    9-8              (2)  record the text of the adopted rule, regulation,
    9-9  or order in the district's minutes.
   9-10        (c)  A district may exercise its police power to enforce an
   9-11  adopted rule, regulation, or order only after complying with
   9-12  Subsection (b).
   9-13        Sec. 58.079.  COMPENSATION OF DIRECTORS.  (a)  A director is
   9-14  entitled to receive fees of office <compensation> of not more than
   9-15  $100 <$25 a day> for each day the director <he> actually spends
   9-16  performing the <his> duties of <as> a director.  The <, but the>
   9-17  fees of office may <shall> not exceed $6,000 per year <be more than
   9-18  $100 for any one month>.
   9-19        (b)  A director is entitled to receive reimbursement of
   9-20  actual expenses reasonably incurred while serving the district.
   9-21        (c)  Before a director may receive compensation for <his>
   9-22  services or reimbursement for expenses, the director must <, he
   9-23  shall> file with the secretary a verified statement showing the
   9-24  number of days actually spent in the service of the district,
   9-25  actual expenses incurred, and a general description of duties
   9-26  performed during each day of service<.  The statement shall be
   9-27  filed on the last day of the month or as soon after that time as
   10-1  possible>.
   10-2        SECTION 7.  Subchapter D, Chapter 58, Water Code, is amended
   10-3  by adding Sections 58.191, 58.192, and 58.193 to read as follows:
   10-4        Sec. 58.191.  FEES AND CHARGES.  (a)  A district may adopt
   10-5  and enforce all necessary charges, fees, or rentals for providing
   10-6  or making available any district facility or service.
   10-7        (b)  A district may require a deposit for any service or
   10-8  facility furnished.  The district may determine whether the deposit
   10-9  bears interest.
  10-10        (c)  A district may discontinue a facility or service to
  10-11  enforce payment of an unpaid charge, fee, or rental.
  10-12        (d)  Notwithstanding any other law, a district that charges
  10-13  an impact fee as defined by Section 395.001, Local Government Code,
  10-14  must comply with Chapter 395, Local Government Code.  A charge or
  10-15  fee by a district for construction, installation, or inspection of
  10-16  a tap or connection to district water, sanitary sewer, or drainage
  10-17  facilities, including all necessary service lines and meters, is
  10-18  not an impact fee, as defined by Section 395.001, Local Government
  10-19  Code, if the charge or fee:
  10-20              (1)  does not exceed three times the actual cost to the
  10-21  district for the work; or
  10-22              (2)  if imposed on a nontaxable entity, does not exceed
  10-23  the actual cost to the district for the work and for facilities
  10-24  financed or to be financed in whole or in part by tax-supported
  10-25  bonds of the district that are necessary to provide the services to
  10-26  the entity.
  10-27        Sec. 58.192.  LEASE OF PROPERTY.  A district may lease
   11-1  property for the district's use on terms the board determines to be
   11-2  advantageous.
   11-3        Sec. 58.193.  OPERATION OF MOTOR VEHICLES ON OR NEAR DISTRICT
   11-4  PROPERTY OR FACILITY.  (a)  In this section, "motor vehicle" has
   11-5  the meaning assigned by Section 2(b), Uniform Act Regulating
   11-6  Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes).
   11-7        (b)  Except as provided by Subsections (c) and (d), a person
   11-8  may not operate a motor vehicle:
   11-9              (1)  on a levee or in a drainage ditch owned or
  11-10  controlled by a district; or
  11-11              (2)  on land that is:
  11-12                    (A)  adjacent to a levee, canal, ditch, exposed
  11-13  conduit, pipeline, pumping plant, storm water facility, or other
  11-14  facility for the transmission, storage, treatment, or distribution
  11-15  of water, sewage, or storm water; and
  11-16                    (B)  owned or controlled by a district.
  11-17        (c)  A district may authorize the use of a motor vehicle on
  11-18  property that the district owns or controls.  The district shall
  11-19  post signs on property on which the district authorizes motor
  11-20  vehicle use.
  11-21        (d)  This section does not prohibit a person from:
  11-22              (1)  driving on a public road or highway; or
  11-23              (2)  operating a motor vehicle that is being used for
  11-24  repair or maintenance of a public water, sewer, or storm water
  11-25  facility.
  11-26        (e)  A person who operates a motor vehicle in violation of
  11-27  Subsection (b) commits an offense.  An offense under this section
   12-1  is a Class C misdemeanor, except that if a person previously has
   12-2  been convicted of an offense under this section, an offense is a
   12-3  Class B misdemeanor.
   12-4        SECTION 8.  Sections 58.303 and 58.313, Water Code, are
   12-5  amended to read as follows:
   12-6        Sec. 58.303.  AUTHORITY TO DETERMINE RULES AND ORDERS
   12-7  <REGULATIONS>.  (a)  The board may adopt, alter, enforce, and
   12-8  rescind rules<,> and standing and temporary orders which do not
   12-9  conflict with the provisions of this subchapter and which govern:
  12-10              (1)  methods, terms, and conditions of water service;
  12-11              (2)  applications for water;
  12-12              (3)  assessments for maintenance and operation;
  12-13              (4)  payment and the enforcement of payment of the
  12-14  assessments;
  12-15              (5)  furnishing water to persons who did not apply for
  12-16  it before the date of assessment; and
  12-17              (6)  furnishing water to persons who wish to take water
  12-18  for irrigation in excess of their original applications or for use
  12-19  on land not covered by their original applications.
  12-20        (b)  Before the effective date of an adopted rule or order,
  12-21  the board must:
  12-22              (1)  publish a copy of the adopted rule or order once a
  12-23  week for two consecutive weeks in at least one newspaper of general
  12-24  circulation in the district; and
  12-25              (2)  record the text of the adopted rule or order in
  12-26  the district's minutes.
  12-27        (c)  A district may exercise its police power to enforce an
   13-1  adopted rule or order only after complying with Subsection (b).
   13-2        Sec. 58.313.  INTEREST AND COLLECTION FEES.  (a)  All
   13-3  assessments shall bear interest from the date payment is due at the
   13-4  rate of 15 <10> percent a year.
   13-5        (b)  If suit is filed to foreclose a lien on crops or if a
   13-6  delinquent assessment is collected by any legal proceeding, an
   13-7  additional amount of 15 <10> percent on unpaid principal and
   13-8  interest shall be added as collection or attorney's fees.
   13-9        SECTION 9.  This Act takes effect September 1, 1995.
  13-10        SECTION 10.  The importance of this legislation and the
  13-11  crowded condition of the calendars in both houses create an
  13-12  emergency and an imperative public necessity that the
  13-13  constitutional rule requiring bills to be read on three several
  13-14  days in each house be suspended, and this rule is hereby suspended.