H.B. No. 3179 1-1 AN ACT 1-2 relating to the creation, administration, powers, duties, 1-3 operation, and financing of the Clear Creek Watershed Regional 1-4 Flood Control District, granting the power of eminent domain, 1-5 authorizing the issuance of bonds, providing for the levy, 1-6 assessment, and collection of ad valorem taxes, and providing for a 1-7 civil penalty. 1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-9 SECTION 1. DEFINITIONS. In this Act: 1-10 (1) "Board" means the board of directors of the 1-11 district. 1-12 (2) "Commission" means the Texas Natural Resource 1-13 Conservation Commission. 1-14 (3) "Commissioners courts" means the commissioners 1-15 courts of Brazoria, Fort Bend, Galveston, and Harris counties. 1-16 (4) "Director" means a member of the board. 1-17 (5) "District" means the Clear Creek Watershed 1-18 Regional Flood Control District. 1-19 (6) "Person" has the meaning assigned by Section 1-20 311.005, Government Code. 1-21 SECTION 2. CREATION OF DISTRICT. The Clear Creek Watershed 1-22 Regional Flood Control District is created as a conservation and 1-23 reclamation district under Section 59, Article XVI, Texas 1-24 Constitution, subject to approval at a confirmation election under 2-1 Section 5 of this Act. The district is a governmental agency and 2-2 body politic and corporate. 2-3 SECTION 3. BOUNDARIES OF DISTRICT. The district is composed 2-4 of Brazoria County tracts 0601.10, 0601.20, 0602.12, 0602.22, and 2-5 0602.32; and that part of Brazoria County tract 0602.11 included in 2-6 block group 1 and blocks 201A, 201B, 202A, 202B, 202C, 206B, 301A, 2-7 and 301B; and that part of Brazoria County tract 0602.21 included 2-8 in blocks 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 110, 2-9 111, 112A, 112B, 113A, 113B, 114, 115, 116, 117, 118, 119, 120, 2-10 121, 301A, 301B, 302A, 302B, 303B, 304, 305A, 305B, 306A, 306B, 2-11 307A, 307B, 308, 309, 310A, 310B, and 311; and that part of 2-12 Brazoria County tract 0603.10 included in blocks 101A, 101B, 102, 2-13 103, 104, 105, 106, 107, 108, 109, 308A, 308B, 308C, 312, 317, 2-14 318A, 318B, 319, 320, 321, 322, 326A, and 327; and that part of 2-15 Fort Bend County tract 0701.15 included in blocks 607A, 607B, 608, 2-16 609, 610, 611, 612, 613, 614, 615, 616A, and 616B; and that part of 2-17 Fort Bend County tract 0701.25 included in blocks 101, 102, 103A, 2-18 103C, 104, 105, 122, 123, 201, 202, 203, 204, and 205; Galveston 2-19 County tracts 1201.01, 1201.02, 1205, 1206.10, and 1206.20; and 2-20 that part of Galveston County tract 1202 included in block groups 2-21 1, 2, 5, and blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 2-22 310, 311, 312A, 312B, 313, 314, 315, 316A, 316B, 316C, 317, 319, 2-23 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 2-24 414, and 415; and that part of Galveston County tract 1203 included 2-25 in block groups 1, 2, 3, 4, 5, and blocks 601, and 602; and that 2-26 part of Galveston County tract 1204 included in block groups 1 and 2-27 2 and blocks 304, 305, 306, and 307; and that part of Galveston 3-1 County tract 1207 included in block groups 1, 3, 4, 5, and blocks 3-2 201A, 201B, 201E, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 3-3 210, and 211; and that part of Galveston County tract 1208 included 3-4 in block 407A; and that part of Galveston County tract 1209 3-5 included in blocks 101, 102, 103, 104, 105, 106, 107, 112, 113, 3-6 114, 115, 116, 117, 118, 123, 124, 125, 126, 130, and 131; Harris 3-7 County tracts 0337, 0341, 0345.02, 0371.02, 0371.11, 0371.21, 0372, 3-8 0373.04, 0374, and 0375; and that part of Harris County tract 0336 3-9 included in blocks 403B, 408, 409, 410, 411, and 412; and that part 3-10 of Harris County tract 0338 included in blocks 401 and 413; and 3-11 that part of Harris County tract 0340 included in blocks 604, 605, 3-12 606, 607, 608, and 609; and that part of Harris County tract 0342 3-13 included in blocks 113, 126, 128, 129, 130, 131, 132, and 133; and 3-14 that part of Harris County tract 0344 included in block 426; and 3-15 that part of Harris County tract 0345.01 included in block groups 3-16 4, 5, 6, and blocks 303, 304, 305, 306, 307, 308, 309, 310, 311, 3-17 312, 313, 314, 315, 316, 317, 318, 319, and 320; and that part of 3-18 Harris County tract 0346 included in blocks 204, 209, 210, 212, and 3-19 304; and that part of Harris County tract 0347.03 included in block 3-20 202; and that part of Harris County tract 0367 included in blocks 3-21 131B, 132, and 133; and that part of Harris County tract 0368.01 3-22 included in block groups 5, 6, 7, 8, and blocks 402A, 402B, 402C, 3-23 402D, 402E, 403, 404, 499A, 499B, 499C, 499D, and 499E; and that 3-24 part of Harris County tract 0368.02 included in blocks 109, 110, 3-25 111, 112, 113, 115, 202, 203, 204, 205, 206, 207, 208, 209, 210, 3-26 211, 212, 213, 305, 308, 309, 312, 315, 316, 319, 320, 323, 324, 3-27 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 4-1 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 4-2 351, 352, 353, 354, 355, 358, 359, 364, 365, and 399; and that part 4-3 of Harris County tract 0369 included in blocks 101B, 101C, 101D, 4-4 101E, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 4-5 199A, 199B, 199C, 201, 202, 203, 204, 205, 206, 207A, 207C, 208, 4-6 209, 212, 299, 301B, and 301D; and that part of Harris County tract 4-7 0370.10 included in block groups 1 and 2 and blocks 301A, 301B, and 4-8 303; and that part of Harris County tract 0373.02 included in block 4-9 group 6 and blocks 305, 308, 309, 702, 703, 704, and 705; and that 4-10 part of Harris County tract 0373.03 included in block groups 1, 2, 4-11 3, and blocks 401A, 401B, 403, 409, 410, 411, 412, 413, 414, 415, 4-12 416, 417, 418, 419, 420, 421, 422, 423, 505, 506, 507, 508, 509, 4-13 510, 511, and 512; and that part of Harris County tract 0373.11 4-14 included in blocks 101A, 101B, 102, 103, 104, 301A, 301B, 302, 4-15 303A, and 303B; and that part of Harris County tract 0373.21 4-16 included in block groups 2 and 3 and blocks 111, and 112. 4-17 SECTION 4. BOARD OF DIRECTORS. (a) The district is 4-18 governed by a board of five directors appointed as provided by this 4-19 section. 4-20 (b) On or before the 90th day after the effective date of 4-21 this Act: 4-22 (1) the commissioners courts of Brazoria and Harris 4-23 counties each shall appoint one director to serve a term that 4-24 expires September 30, 1997; and 4-25 (2) the commissioners courts of Fort Bend, Galveston, 4-26 and Harris counties each shall appoint one director to serve a term 4-27 that expires September 30, 1999. 5-1 (c) On expiration of a director's term, the commissioners 5-2 court that appointed the director shall appoint a successor to 5-3 serve a four-year term that expires on September 30 of the fourth 5-4 year after the expiration of the previous director's term. 5-5 (d) On vacancy of a director's office during the director's 5-6 term, the commissioners court that appointed the director shall 5-7 appoint a person to serve as director for the remainder of the 5-8 term. 5-9 (e) A commissioners court may not appoint a person as a 5-10 director unless at the time of appointment the person holds an 5-11 elective office of a political subdivision in the district other 5-12 than the office of county commissioner. A person may be 5-13 reappointed for multiple terms as a director if the person holds, 5-14 at the time of each appointment, an elective office as required for 5-15 initial appointment. 5-16 (f) A director must qualify by taking the official oath of 5-17 office required of state officers. 5-18 (g) A director holds office until a successor is appointed 5-19 and qualifies for office. 5-20 (h) A director is not entitled to receive compensation for 5-21 service on the board, but may be reimbursed for actual travel 5-22 expenses. 5-23 (i) As soon as practicable after appointment, the initial 5-24 board shall hold a regular meeting and elect officers. 5-25 (j) The board shall elect from its members a chair, vice 5-26 chair, and secretary. A director elected to a board office serves 5-27 in that position for one year. The chair, or if the chair is 6-1 absent, the vice chair, shall preside over meetings of the board. 6-2 The chair, vice chair, and secretary shall perform the duties and 6-3 may exercise the powers specifically given them by this Act or by 6-4 resolution or order of the board. 6-5 (k) Three directors constitute a quorum for the transaction 6-6 of district business. An action of the board is valid only with 6-7 the affirmative vote of three directors. 6-8 (l) The board may adopt bylaws consistent with this Act. 6-9 The bylaws may be amended as necessary for the management and 6-10 operation of the district. The board shall hold regular and 6-11 special meetings at times and dates determined by the board. The 6-12 board shall maintain complete and accurate records of the 6-13 district's accounts, contracts, plans, notices, receipts, and 6-14 meetings and other proceedings in a secure manner at the district's 6-15 principal office. The records must be open to public inspection at 6-16 reasonable times. 6-17 (m) An advisory committee to the board composed of one 6-18 representative from each political subdivision within the district 6-19 shall be established. Members of the advisory committee shall be 6-20 appointed by each political subdivision from elected members of the 6-21 subdivision's governing body. 6-22 SECTION 5. CONFIRMATION ELECTION. (a) The district may not 6-23 exercise a power granted by this Act other than a power granted by 6-24 this section until the creation of the district is confirmed by a 6-25 majority of the resident electors of the district voting at a 6-26 confirmation election called under this section. The initial board 6-27 shall call a confirmation election to be held not later than two 7-1 years after the effective date of this Act within the boundaries of 7-2 the proposed district. The board may call subsequent confirmation 7-3 elections if the district is not confirmed at the first election. 7-4 Expenses of a confirmation election shall be paid in equal shares 7-5 by each of the commissioners courts and shall be repaid by the 7-6 district if creation of the district is confirmed. Section 7-7 41.001(a), Election Code, does not apply to a confirmation 7-8 election. 7-9 (b) The board must give notice of a confirmation election. 7-10 The notice must state the date and polling places for the election 7-11 and the proposition to be voted on. The board must publish the 7-12 notice once in a newspaper or newspapers of general circulation in 7-13 the proposed district. The notice must be published at least 35 7-14 days before the date set for the election. 7-15 (c) The ballot for a confirmation election must be printed 7-16 to provide for voting for or against the proposition: "The 7-17 creation of the Clear Creek Watershed Regional Flood Control 7-18 District." 7-19 (d) Immediately after a confirmation election, the presiding 7-20 judge of each polling place shall return the results of the 7-21 election to the board. The board shall canvass the returns. 7-22 (e) If a majority of the votes cast at a confirmation 7-23 election favor the creation of the district, the board shall 7-24 declare the district confirmed and enter the results in its 7-25 minutes. If a majority of the votes cast at a confirmation 7-26 election are against the creation of the district, the board shall 7-27 declare that the district was defeated and shall enter the results 8-1 in its minutes. The board shall also file a copy of the election 8-2 results with the commission. 8-3 (f) If a majority of the voters at a confirmation election 8-4 vote against the creation of the district, another election to 8-5 confirm creation of the district may not be called and held for at 8-6 least 12 months following the most recent confirmation election. 8-7 If the district is not confirmed before the fifth anniversary of 8-8 the effective date of this Act, this Act expires. 8-9 SECTION 6. PERSONNEL. (a) The board may employ a general 8-10 manager as the chief administrative officer of the district. The 8-11 board may delegate to the general manager full authority to manage 8-12 and operate the affairs of the district, subject only to orders of 8-13 the board. The general manager shall execute a bond in an amount 8-14 determined by the board, payable to the district, conditioned on 8-15 the faithful performance of the general manager's duties. The 8-16 district shall pay for the bond. 8-17 (b) The board shall appoint a professional civil engineer 8-18 for the district, who shall be entitled to the compensation 8-19 provided in the district's budget. The district engineer shall 8-20 execute a bond in an amount determined by the board, payable to the 8-21 district, conditioned on the faithful performance of the district 8-22 engineer's duties. The district shall pay for the bond. 8-23 (c) The board may authorize the employment of other persons 8-24 necessary for the proper management of the business and operation 8-25 of the district, and may employ or contract with expert and 8-26 specialized personnel necessary to implement this Act. The board 8-27 shall determine the terms of employment or contracts and the 9-1 compensation to be paid to employees or persons under contract 9-2 under this section. The board shall require each employee or 9-3 person under contract who collects, pays, or handles district money 9-4 to furnish a bond, payable to the district, in an amount sufficient 9-5 to protect the district from financial loss resulting from actions 9-6 of the employee or person under contract. Each bond shall be 9-7 conditioned on the faithful performance of the duties of the 9-8 employee or person under contract and on accounting for all money 9-9 and property of the district that the employee or person under 9-10 contract handles. The district shall pay for each bond. 9-11 SECTION 7. DISTRICT OFFICE. The board shall designate the 9-12 location of the principal office of the district at any place in 9-13 the district. 9-14 SECTION 8. GENERAL POWERS AND DUTIES. (a) The district 9-15 shall develop a flood control and drainage plan under the 9-16 provisions of this Act for all land in the district, including the 9-17 main channel and all tributaries of Clear Creek. 9-18 (b) In accordance with the flood control and drainage plan, 9-19 the district shall: 9-20 (1) construct improvements on the main channel of 9-21 Clear Creek that will lessen and control flooding; 9-22 (2) prevent or remove deposits of silt and remove 9-23 natural or artificial obstructions from the main channel of Clear 9-24 Creek; 9-25 (3) conduct flood-control-related maintenance on the 9-26 main channel of Clear Creek; and 9-27 (4) approve and coordinate all flood control 10-1 improvements and infrastructure alterations within the boundaries 10-2 of the district. 10-3 (c) Under a written agreement with a political subdivision 10-4 and in accordance with the flood control and drainage plan, the 10-5 district may construct in whole or in part improvements on any 10-6 watercourse or land in the district to: 10-7 (1) lessen and control flooding; 10-8 (2) prevent or remove deposits of silt and remove 10-9 natural or artificial obstructions from any watercourse; or 10-10 (3) conduct flood-control-related maintenance on any 10-11 watercourse. 10-12 (d) The district may issue bonds under this Act supported by 10-13 ad valorem taxes on property in the district to finance up to 10-14 one-half the cost of construction under Subsection (c) if the 10-15 district finds that the project will not be constructed without the 10-16 use of the ad valorem taxes. 10-17 (e) The district may issue bonds supported by revenues from 10-18 contracts with political subdivisions under Section 39 to finance 10-19 all or part of the cost of construction under this section. 10-20 (f) The district may: 10-21 (1) apply for, accept, receive, and administer gifts, 10-22 grants, and other funds available from any source; 10-23 (2) advise, consult, and cooperate with the federal 10-24 government and its agencies, the state and its agencies, and 10-25 private entities; 10-26 (3) acquire land, rights and interests in land, and 10-27 any other property needed to carry on the work of flood control by 11-1 gift, devise, purchase, or condemnation; 11-2 (4) sell, trade, or otherwise dispose of land, 11-3 property, or rights in land or property when no longer needed for 11-4 flood control purposes; 11-5 (5) authorize its officers, employees, or agents to go 11-6 on any land in the district for the purpose of surveying and 11-7 examining the land for flood control plans and projects, and for 11-8 any other purpose within the scope of the district's authority; 11-9 (6) enter into a contract executed in the name of the 11-10 district with anyone as provided by this Act; 11-11 (7) after providing notice and hearing in accordance 11-12 with procedures adopted by the board, adopt rules to implement this 11-13 Act; 11-14 (8) sue and be sued in any court of this state in the 11-15 name of the district, with service of process had by serving the 11-16 chair of the board; 11-17 (9) adopt a seal for the district; 11-18 (10) levy and collect impact fees under Section 11-19 395.080(b), Local Government Code; and 11-20 (11) do all other acts necessary to implement this 11-21 Act. 11-22 (g) The district shall advise, consult, and cooperate with 11-23 local governments on matters regarding the watershed. 11-24 SECTION 9. FLOOD CONTROL AND DRAINAGE PLAN. (a) The board 11-25 shall direct the district engineer to prepare a flood control and 11-26 drainage plan that provides for: 11-27 (1) control and abatement of flood water and other 12-1 excess water; and 12-2 (2) reclamation and proper drainage of land in the 12-3 district. 12-4 (b) The district engineer shall file the completed plan with 12-5 the board and the commissioners courts. 12-6 (c) In preparing the plan, the district engineer may 12-7 exercise the powers and shall exercise the duties provided by 12-8 Sections 56.022 and 56.023, Water Code. 12-9 (d) In preparing the plan, the district engineer may 12-10 consider and use all or part of any previously prepared flood 12-11 control and drainage plan that covers any area in the district, 12-12 including the Clear Creek Regional Watershed Plan as adopted by the 12-13 Clear Creek Watershed Steering Committee. 12-14 SECTION 10. NOTICE AND HEARING ON FLOOD CONTROL AND DRAINAGE 12-15 PLAN. (a) On receipt of the completed flood control and drainage 12-16 plan, the board shall schedule a public hearing to consider 12-17 adoption of the plan. The board must publish notice of the hearing 12-18 at least once in a newspaper with general circulation in the 12-19 district not less than 30 days before the date set for the hearing. 12-20 (b) At the hearing, any person who resides or owns property 12-21 in the district or a political subdivision located in whole or in 12-22 part in the district may appear before the board and present 12-23 evidence or testify for or against all or part of the plan. 12-24 SECTION 11. ADOPTION OF FLOOD CONTROL AND DRAINAGE PLAN. 12-25 (a) After holding the public hearing required by Section 10, the 12-26 board shall issue its findings and decision. 12-27 (b) If the board finds that the flood control and drainage 13-1 plan requires changes before it can be adopted, the board shall 13-2 direct the district engineer to make the necessary changes. The 13-3 district engineer shall make the changes and resubmit the plan to 13-4 the board. 13-5 (c) Without further public hearing, the board may continue 13-6 to direct the district engineer to make changes to the plan until 13-7 the board finds the plan acceptable for adoption. 13-8 (d) If the board finds that no changes are required in the 13-9 plan, or if the district engineer has made all necessary changes to 13-10 the plan under Subsections (b) and (c), the board shall submit the 13-11 plan to the commissioners courts. The commissioners courts may 13-12 consider the plan and recommend changes to the plan. If the board 13-13 and commissioners courts cannot agree on changes to the plan, the 13-14 board shall submit the provisions in the plan that are in dispute 13-15 to the district engineer for resolution of the dispute. The 13-16 decision of the district engineer is final. Not earlier than the 13-17 30th day after the plan is submitted to the commissioners courts, 13-18 the board shall adopt the plan as revised to reflect all necessary 13-19 changes. 13-20 SECTION 12. AMENDMENT OF FLOOD CONTROL AND DRAINAGE PLAN. 13-21 After complying with the provisions of Sections 10 and 11, the 13-22 board may amend the flood control and drainage plan as necessary to 13-23 accomplish the purpose stated in Section 9. 13-24 SECTION 13. IMPROVEMENTS TO BE CONSTRUCTED. (a) Only 13-25 improvements compatible with the flood control and drainage plan 13-26 and adopted by the board may be constructed. 13-27 (b) Improvements and maintenance on the main channel of 14-1 Clear Creek shall be constructed and performed only by the 14-2 district. The district may cause improvements and maintenance to 14-3 the main channel of Clear Creek to be constructed and performed 14-4 through contracts with other persons and political subdivisions, 14-5 but the district retains responsibility for assuring that all 14-6 construction and maintenance is done in conformance with the plan. 14-7 (c) All improvements and maintenance on lands draining into 14-8 Clear Creek or its tributaries, including detention structures, and 14-9 improvements and maintenance to channels other than the main 14-10 channel of Clear Creek may be constructed or performed by other 14-11 political subdivisions or persons in conformance with the plan. 14-12 The district may construct, in whole or part, improvements and 14-13 perform maintenance under this subsection only under agreements 14-14 with other political subdivisions. 14-15 SECTION 14. LOCAL COOPERATION. The district shall cooperate 14-16 with other political subdivisions as much as possible to provide 14-17 uniform programs and coordinated planning. 14-18 SECTION 15. DISTRICT SUPERIOR IN FLOOD CONTROL AND DRAINAGE 14-19 MATTERS. The district has primary jurisdiction within its 14-20 boundaries over all matters affecting flood control and drainage of 14-21 land and may take any action necessary to assure compliance with 14-22 the flood control and drainage plan. 14-23 SECTION 16. CERTIFICATE REQUIRED FOR ACTIVITY AFFECTING 14-24 FLOOD CONTROL OR DRAINAGE. Except as provided by Section 17, a 14-25 person or political subdivision may not engage in an activity that 14-26 will affect flood control or drainage in the district without 14-27 obtaining a certificate from the board. 15-1 SECTION 17. EXEMPTIONS. After notice and hearing, the board 15-2 may adopt a rule or issue an order that exempts a specified 15-3 activity from Section 16. If a political subdivision has its plan 15-4 approved by the board, any improvements within the subdivision 15-5 which are consistent with the approved plan are exempt from 15-6 certification by the board. The board may exempt an activity only 15-7 if the board, after consultation with the district engineer, finds 15-8 that the activity will have at most a minimal impact on flood 15-9 control and drainage. 15-10 SECTION 18. NOTICE OF ACTIVITIES AFFECTING FLOOD CONTROL OR 15-11 DRAINAGE. (a) A person or political subdivision that plans to 15-12 engage in an activity that will affect flood control or drainage in 15-13 the district shall submit written notice to the board of the intent 15-14 to engage in the activity, accompanied by plans, specifications, 15-15 and other information relating to the activity. 15-16 (b) A person or political subdivision shall submit the 15-17 notice and other information required by Subsection (a) in the form 15-18 and manner and within the time provided by board rules. 15-19 SECTION 19. CONSIDERATION OF ACTIVITY BY ENGINEER. (a) On 15-20 receiving notice of a proposed activity under Section 18, the board 15-21 shall submit the notice and other information to the district 15-22 engineer for consideration. 15-23 (b) The district engineer shall examine the notice and other 15-24 information to determine: 15-25 (1) the effect of the proposed activity on flood 15-26 control and drainage in the district; and 15-27 (2) whether the proposed activity is compatible with 16-1 the flood control and drainage plan. 16-2 (c) The district engineer shall consult with the person or 16-3 political subdivision submitting the notice and information and 16-4 suggest changes in the proposed plans and specifications for the 16-5 activity necessary to make the activity compatible with the flood 16-6 control and drainage plan. 16-7 (d) If the district engineer and the person or political 16-8 subdivision proposing an activity agree to plans and specifications 16-9 for the activity that are compatible with the flood control and 16-10 drainage plan as determined by the district engineer, the district 16-11 engineer shall recommend that the board issue a certificate 16-12 authorizing the activity. If the district engineer and the person 16-13 or political subdivision proposing an activity cannot agree, the 16-14 district engineer shall recommend that the board decline to issue a 16-15 certificate authorizing the activity. The district engineer's 16-16 recommendation shall be included in a brief written report to the 16-17 board stating the district engineer's reasons for the 16-18 recommendation. 16-19 SECTION 20. BOARD CONSIDERATION AND ACTION. (a) On 16-20 receiving the district engineer's report, the board may issue a 16-21 certificate without giving notice or holding a public hearing to 16-22 consider the issuance. 16-23 (b) On consideration of the district engineer's report, if 16-24 the board intends to deny issuance of a certificate, the board 16-25 shall first give notice and hold a public hearing in accordance 16-26 with the district's rules to consider the issuance of the 16-27 certificate. After conducting the hearing, the board shall issue a 17-1 written decision granting or denying the certificate or granting 17-2 the certificate subject to specific requirements. The decision 17-3 shall state the findings of the board in making the decision. 17-4 SECTION 21. OBSTRUCTIONS AND STRUCTURES. (a) A person or 17-5 political subdivision may not place an obstruction or construct or 17-6 alter a structure on land in the district if the obstruction or 17-7 structure is not compatible with the flood control and drainage 17-8 plan and the district has not issued a certificate for the 17-9 activity. 17-10 (b) After notice and hearing, the board may issue an order 17-11 directing a person or political subdivision to remove or make 17-12 changes to an obstruction or structure constructed after adoption 17-13 of the flood control and drainage plan as necessary to comply with 17-14 the plan. 17-15 SECTION 22. INJUNCTIVE RELIEF. If a person or political 17-16 subdivision engages in an activity that will affect flood control 17-17 or drainage in the district without a certificate or places an 17-18 obstruction or constructs or alters a structure in violation of an 17-19 order issued by the board under Section 21, the board may sue in a 17-20 district court in any county in which the activity is occurring or 17-21 obstruction is built for injunctive relief to restrain the person 17-22 or political subdivision from continuing or threatening to continue 17-23 the violation or to require the person or political subdivision to 17-24 remove an obstruction or structure. 17-25 SECTION 23. CIVIL PENALTY. (a) A person or political 17-26 subdivision that violates Section 16 or 21 or any order issued by 17-27 the board under Section 16 or 21 is subject to a civil penalty of 18-1 not less than $100 nor more than $1,000 for each violation or each 18-2 day of a continuing violation. 18-3 (b) If a suit is filed under this section to recover a civil 18-4 penalty, the court may include in any final judgment in favor of 18-5 the district an award to cover court costs and reasonable 18-6 attorney's fees. 18-7 SECTION 24. EMINENT DOMAIN. (a) The district may acquire 18-8 land for district improvements by condemnation when the board 18-9 determines, after notice and hearing, that condemnation is 18-10 necessary. 18-11 (b) The district shall exercise the power of eminent domain 18-12 as provided by Chapter 21, Property Code, but the district is not 18-13 required in an appeal to post a bond or make a deposit. 18-14 (c) If the district, in the exercise of the power of eminent 18-15 domain, makes necessary the relocation, raising, lowering, 18-16 rerouting, or changing in grade, or alteration of the construction 18-17 of any highway, railroad, electric transmission line, telephone or 18-18 telegraph property or facility, or pipeline, the district shall pay 18-19 the cost of the necessary action so as to provide comparable 18-20 replacement of any replaced facility, less the replaced facility's 18-21 net salvage value. 18-22 SECTION 25. CONSTRUCTION CONTRACTS. (a) Construction 18-23 contracts of the district shall be competitively bid in accordance 18-24 with Subchapter B, Chapter 271, Local Government Code. 18-25 (b) The district shall comply with Sections 66.208-66.213, 18-26 Water Code. 18-27 SECTION 26. USE OF DISTRICT MONEY. (a) The board may use 19-1 district money for construction costs, acquisition of property, 19-2 maintenance of and improvements to flood control and drainage 19-3 systems of the district, payment of debt service requirements, and 19-4 establishment of appropriate reserves. 19-5 (b) The district's money may be disbursed only by check, 19-6 draft, order, or other written instrument that is signed by a 19-7 person or persons authorized by the board. 19-8 SECTION 27. INVESTMENTS. The board shall invest district 19-9 money in accordance with the Public Funds Investment Act (Section 19-10 2256.001 et seq., Government Code). The board may allow an 19-11 authorized district representative to invest and reinvest the 19-12 district's money and withdraw money from appropriate district 19-13 accounts for investments on terms the board considers advisable. 19-14 SECTION 28. BUDGET. (a) The board annually shall prepare a 19-15 budget covering all proposed expenditures for the succeeding year. 19-16 The budget must contain a complete financial statement of the 19-17 district. 19-18 (b) The board shall conduct a public hearing on the proposed 19-19 budget on a date set by the board after August 15 and before the 19-20 levy of district taxes. The board shall give public notice of the 19-21 hearing by publication in a newspaper of general circulation in the 19-22 district at least 15 days before the hearing. 19-23 SECTION 29. ISSUANCE OF BONDS. (a) The district may: 19-24 (1) issue bonds secured by district revenues or ad 19-25 valorem taxes to accomplish the purposes of this Act; 19-26 (2) provide for the payment of interest on district 19-27 bonds as it accrues; and 20-1 (3) provide for a sinking fund for the payment of the 20-2 principal of district bonds. 20-3 (b) The district may issue bonds in various series or 20-4 issues. The bonds may mature serially or otherwise but may not 20-5 mature more than 40 years from their date or dates of issuance. 20-6 (c) The district's bonds and interest coupons, if any, are 20-7 investment securities under the terms of Chapter 8, Business & 20-8 Commerce Code, and may be registered as to principal or principal 20-9 and interest or may be issued in book entry form. The district's 20-10 bonds may be made redeemable before maturity at the option of the 20-11 district or may contain a mandatory redemption provision. The 20-12 district's bonds may be issued in the form, denomination, and 20-13 manner provided by the board in the resolution or order authorizing 20-14 issuance of the bonds. The district may provide for the flow of 20-15 funds, the establishment and maintenance of an interest, sinking, 20-16 reserve, or other fund, and may make covenants with respect to the 20-17 bonds and the ad valorem taxes or revenues pledged to secure the 20-18 bonds. 20-19 (d) The district may prohibit the further issuance of bonds 20-20 or other obligations payable from any pledged ad valorem taxes or 20-21 revenues or may reserve the right to issue additional bonds secured 20-22 by a pledge of ad valorem taxes or revenues on a parity with or 20-23 subordinate to the pledge securing bonds issued earlier. 20-24 (e) The orders or resolutions of the board issuing bonds may 20-25 contain other provisions and covenants as the board may determine. 20-26 The board may adopt and have executed any other proceedings or 20-27 instruments necessary in connection with the issuance of bonds. 21-1 (f) The district's bonds are subject to Article 717k-6, 21-2 Revised Statutes, except as provided by this Act. 21-3 SECTION 30. BOND ELECTION. (a) The district may not issue 21-4 bonds secured by ad valorem taxes, other than refunding bonds, 21-5 until the bonds have been authorized by a majority vote of the 21-6 voters qualified to vote and actually voting in the district at an 21-7 election called and held for that purpose. 21-8 (b) The board order calling a bond election under this 21-9 section must state the nature and date of the election, the hours 21-10 during which the polls will be open, the location of the polling 21-11 places, the amount of bonds to be authorized, and the maximum 21-12 maturity of the bonds. Notice of a bond election must be given as 21-13 provided by Section 5. The election shall be held in accordance 21-14 with the Election Code, except as provided by this Act. A bond 21-15 election may be called in conjunction with a confirmation election 21-16 under Section 5. At a bond election, the ballots must provide for 21-17 voting for or against the issuance of bonds and the levy of ad 21-18 valorem taxes to secure payment of the bonds. The board shall 21-19 canvass the returns and declare the results of the election. If a 21-20 majority of the qualified voters voting at the election vote in 21-21 favor of the issuance of bonds and the levy of taxes, the board may 21-22 issue, sell, and deliver the authorized bonds, receive and use the 21-23 bond proceeds for their intended purposes, and levy, assess, and 21-24 collect ad valorem taxes on all taxable property in the district in 21-25 an amount sufficient to pay interest on and principal of the bonds. 21-26 SECTION 31. REFUNDING BONDS. The district may issue 21-27 refunding bonds for the purpose and in the manner provided by 22-1 general law, including Articles 717k and 717k-3, Revised Statutes, 22-2 as those laws may be amended from time to time. 22-3 SECTION 32. APPROVAL AND REGISTRATION OF BONDS. The board 22-4 shall submit all bonds issued by the district to the attorney 22-5 general for examination. If the attorney general finds that the 22-6 bonds have been authorized in accordance with law, the attorney 22-7 general shall approve the bonds, and the comptroller of public 22-8 accounts shall register the bonds. After approval and registration 22-9 the bonds are incontestable in any court or other forum for any 22-10 reason and are valid and binding obligations in accordance with 22-11 their terms for all purposes. 22-12 SECTION 33. USE OF BOND PROCEEDS. From the proceeds of the 22-13 sale of bonds, the board may set aside an amount for the payment of 22-14 interest expected to accrue during a period of construction of 22-15 improvements or facilities not to exceed three years, and an amount 22-16 necessary to pay all expenses incurred and to be incurred in the 22-17 issuance, sale, and delivery of the bonds. Proceeds from the 22-18 initial sale of the district's bonds may be used to pay expenses 22-19 related to the district's confirmation. 22-20 SECTION 34. BONDS AUTHORIZED INVESTMENTS. (a) Bonds issued 22-21 by the district are legal and authorized investments for all banks, 22-22 savings banks, trust companies, building and loan associations, 22-23 savings and loan associations, insurance companies, fiduciaries, 22-24 trustees, guardians, interest and sinking funds and other public 22-25 funds of the state, agencies, subdivisions, and instrumentalities 22-26 of the state, including counties, municipalities, villages, school 22-27 districts, and all other kinds and types of districts, public 23-1 agencies and bodies politic including the state permanent school 23-2 fund. 23-3 (b) District bonds are eligible and lawful security for all 23-4 deposits of public funds of the state, and all agencies, 23-5 subdivisions, and instrumentalities of the state, including 23-6 counties, municipalities, villages, school districts, and all other 23-7 kinds and types of districts, public agencies, and bodies politic 23-8 to the extent of the market value of the bonds, when accompanied by 23-9 any unmatured interest coupons appurtenant to the bonds. 23-10 SECTION 35. REMEDIES. The owner of a bond issued by the 23-11 district may, in addition to any other remedy provided by law, 23-12 obtain a writ of mandamus requiring the district to perform its 23-13 obligations under the bond if the district: 23-14 (1) defaults in the payment of principal, interest, or 23-15 redemption price when due; 23-16 (2) fails to make required payments into a fund 23-17 related to the bond; or 23-18 (3) fails to perform any other obligation under the 23-19 bond. 23-20 SECTION 36. TAX-FREE STATUS. Bonds issued by the district, 23-21 any transaction relating to the district's bonds, and profits made 23-22 in the sale of district bonds are free from taxation by the state 23-23 or a political subdivision of the state. 23-24 SECTION 37. MAINTENANCE TAX. (a) The district may levy, 23-25 assess, and collect an annual ad valorem tax on all taxable 23-26 property in the district for the maintenance, operation, upkeep, 23-27 and improvement of the district and its facilities, properties, and 24-1 improvements. 24-2 (b) An ad valorem maintenance tax under Subsection (a) must 24-3 be authorized by a majority vote of the voters qualified to vote 24-4 and voting in the district at an election called and held for that 24-5 purpose. 24-6 (c) In addition to the requirements of the Election Code, 24-7 the ballot for the election must provide for voting "For the 24-8 maintenance tax" or "Against the maintenance tax". 24-9 (d) Subsequent elections may be called to increase, reduce, 24-10 or abate a maintenance tax. 24-11 (e) Notice of the election and the manner of holding the 24-12 election shall be as provided in Section 5. 24-13 (f) Maintenance taxes and bonds may be authorized at the 24-14 same election, including an election held in conjunction with a 24-15 district confirmation election under Section 5. 24-16 (g) An election authorizing a maintenance tax shall be held 24-17 in accordance with the Election Code, except as provided in this 24-18 Act. 24-19 SECTION 38. IMPOSITION OF TAXES. (a) The district may 24-20 annually levy ad valorem taxes approved in elections under Sections 24-21 30 and 37 to pay the principal of and interest on district bonds, 24-22 the expense of assessing and collecting taxes, and the expense of 24-23 operating and maintaining the district and its facilities. The 24-24 board may levy taxes for the entire year in the year in which the 24-25 district is confirmed. 24-26 (b) The district shall levy taxes on all property in the 24-27 district subject to taxation. In setting the tax rate, the board 25-1 shall take into consideration the income of the district from 25-2 sources other than taxation. On determination of the amount of tax 25-3 required to be levied, the board shall make the levy and certify it 25-4 to the tax assessor-collector. 25-5 (c) The Tax Code governs the appraisal, assessment, and 25-6 collection of district taxes. The board may provide for the 25-7 appointment of a tax assessor-collector for the district or may 25-8 contract for the assessment and collection of taxes as provided by 25-9 the Tax Code. 25-10 SECTION 39. JOINT PROJECTS. (a) The district may issue 25-11 bonds secured by revenues arising from a contract with a political 25-12 subdivision located wholly or partially in the district for the 25-13 construction of an improvement identified in the flood control and 25-14 drainage plan. The district shall provide the proceeds from the 25-15 bonds to the local political subdivision for the construction of 25-16 the improvement, or, if the contract with the political subdivision 25-17 requires the district to construct said improvements, the district 25-18 shall use the proceeds for the required construction. Bonds issued 25-19 under this section are subject to Sections 29, 31, 32, and 33, 25-20 except that any provision associated with the authorization, levy, 25-21 or collection of an ad valorem tax does not apply. 25-22 (b) A political subdivision located wholly or partially in 25-23 the district may enter into any contract with the district that is 25-24 considered appropriate by its governing body. The political 25-25 subdivision may pledge to the payment of the contract any source of 25-26 revenue available to the political subdivision, including the levy 25-27 and collection of ad valorem taxes, if the political subdivision 26-1 has the authority to levy and collect those taxes. To the extent a 26-2 political subdivision pledges money to be derived from any of its 26-3 own systems, the payments constitute an operating expense of that 26-4 system. 26-5 SECTION 40. CONSTRUCTION. This Act shall be liberally 26-6 construed to accomplish the Act's purposes. 26-7 SECTION 41. FINDING OF BENEFIT. All property, both real and 26-8 personal, in the district will be benefited by the district and by 26-9 the district's improvements and facilities acquired or constructed 26-10 under this Act. 26-11 SECTION 42. LEGISLATIVE FINDING. The requirements of 26-12 Section 59, Article XVI, Texas Constitution, have been met and 26-13 accomplished in due course and time. 26-14 SECTION 43. EMERGENCY. The importance of this legislation 26-15 and the crowded condition of the calendars in both houses create an 26-16 emergency and an imperative public necessity that the 26-17 constitutional rule requiring bills to be read on three several 26-18 days in each house be suspended, and this rule is hereby suspended, 26-19 and that this Act take effect and be in force from and after its 26-20 passage, and it is so enacted.