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.