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.