By Harris H.B. No. 3179
74R4500 KKA-F
A BILL TO BE ENTITLED
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 301A, 301B, 302B, 303B, 304, 305A, 305B, 306A, 306B, 307A, 307B,
2-11 308, 309, 310A, 310B, and 311; and that part of Brazoria County
2-12 tract 0603.10 included in blocks 101A, 101B, 102, 103, 104, 105,
2-13 106, 107, 108, 109, 308A, 308C, 312, 317, 318A, 318B, 319, 320,
2-14 321, 322, and 326A; and that part of Fort Bend County tract 0701.15
2-15 included in blocks 607A, 607B, 614, 615, 616A, and 616B; and that
2-16 part of Fort Bend County tract 0701.25 included in blocks 101, 102,
2-17 103A, 103C, 105, 122, 123, 201, 202, 203, 204, and 205; Galveston
2-18 County tracts 1201.01, 1201.02, 1205, 1206.10, and 1206.20; and
2-19 that part of Galveston County tract 1202 included in block groups
2-20 1, 2, 5, and blocks 301, 302, 303, 304, 305, 306, 307, 308, 309,
2-21 310, 311, 312A, 312B, 313, 314, 315, 316A, 316B, 316C, 319, 401,
2-22 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414,
2-23 and 415; and that part of Galveston County tract 1203 included in
2-24 block groups 1, 2, 3, 5, and blocks 401, 402, 404, 405, 406, 407,
2-25 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420,
2-26 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433,
2-27 434, 435, 436, 437, 438, 439, 440, 601, and 602; and that part of
3-1 Galveston County tract 1204 included in block groups 1 and 2 and
3-2 blocks 304, and 307; and that part of Galveston County tract 1207
3-3 included in block groups 1, 3, 4, 5, and blocks 201A, 201B, 201E,
3-4 202, 203, 204A, and 204B; and that part of Galveston County tract
3-5 1208 included in block 407A; and that part of Galveston County
3-6 tract 1209 included in blocks 101, 102, 103, 104, 105, 106, 107,
3-7 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 130, and
3-8 131; Harris County tracts 0337, 0341, 0345.02, 0366.41, 0371.02,
3-9 0371.11, 0371.21, 0372, 0373.04, 0374, and 0375; and that part of
3-10 Harris County tract 0336 included in blocks 403B, 408, 409, 410,
3-11 411, and 412; and that part of Harris County tract 0338 included in
3-12 blocks 401 and 413; and that part of Harris County tract 0340
3-13 included in blocks 604, 605, 606, 607, 608, and 609; and that part
3-14 of Harris County tract 0342 included in blocks 113, 126, 128, 129,
3-15 130, 131, 132, and 133; and that part of Harris County tract 0344
3-16 included in block 426; and that part of Harris County tract 0345.01
3-17 included in block groups 4, 5, 6, and blocks 303, 304, 305, 306,
3-18 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319,
3-19 and 320; and that part of Harris County tract 0346 included in
3-20 blocks 204, 209, 210, 212, and 304; and that part of Harris County
3-21 tract 0347.03 included in block 202; and that part of Harris County
3-22 tract 0363 included in blocks 119, 120, 121, 301, and 331; and that
3-23 part of Harris County tract 0366.02 included in blocks 101, 102,
3-24 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
3-25 116, 117, 118, 119, 120A, 120B, 120C, 123, 124, 125, 126, 199A,
3-26 201, 202, 203, 204, 210, 212, 213, 214, 215, 216, 217A, 217B, 301,
3-27 302, 303, 304, 305, and 307; and that part of Harris County tract
4-1 0366.21 included in blocks 302A, 302B, and 303; and that part of
4-2 Harris County tract 0366.31 included in blocks 901, 902, 903, 904A,
4-3 904B, 904C, 904D, 904E, 905A, 905B, 905C, 905D, 905E, 905F, 909,
4-4 910, 911A, 911B, 911C, 912A, 912B, 912C, 912D, 913A, 913B, 914,
4-5 915, 916, 917, 999A, and 999B; and that part of Harris County tract
4-6 0367 included in blocks 103A, 103B, 103C, 103D, 129A, 129C, 130A,
4-7 130C, 131A, 131B, 131C, 132, 133, 199A, 199C, and 199D; and that
4-8 part of Harris County tract 0368.01 included in block groups 5, 6,
4-9 7, 8, and blocks 402A, 402B, 402C, 402D, 402E, 403, 404, 499A,
4-10 499B, 499C, 499D, and 499E; and that part of Harris County tract
4-11 0368.02 included in blocks 109, 113, 115, 202, 203, 204, 205, 206,
4-12 207, 208, 209, 210, 211, 212, 213, 305, 308, 309, 312, 315, 316,
4-13 319, 320, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333,
4-14 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346,
4-15 347, 348, 349, 350, 351, 352, 353, 354, 355, 358, 359, 364, 365,
4-16 and 399; and that part of Harris County tract 0369 included in
4-17 block group 1 and blocks 201, 202, 203, 204, 205, 206, 207A, 207C,
4-18 209, 212, 299, 301A, 301B, 301C, 301D, 304A, 306, 309, 310, 399A,
4-19 and 399B; and that part of Harris County tract 0370.10 included in
4-20 block groups 1 and 2 and blocks 301A, 301B, and 303; and that part
4-21 of Harris County tract 0370.20 included in blocks 901A and 903; and
4-22 that part of Harris County tract 0373.02 included in block group 6
4-23 and blocks 305, 308, 309, 702, 703, 704, and 705; and that part of
4-24 Harris County tract 0373.03 included in block groups 1, 2, 3, and
4-25 blocks 401A, 401B, 403, 409, 410, 411, 412, 413, 414, 415, 416,
4-26 417, 418, 419, 420, 421, 422, 423, 505, 506, 507, 508, 509, 510,
4-27 511, and 512; and that part of Harris County tract 0373.11 included
5-1 in blocks 101A, 101B, 102, 103, 104, 301A, 301B, 303A, and 303B;
5-2 and that part of Harris County tract 0373.21 included in block
5-3 group 3 and blocks 111, 201, 202, 203, 206, 207, 209, 210, 211,
5-4 212, 213, 214, 215, 216, 217B, 218, 219, and 220.
5-5 SECTION 4. BOARD OF DIRECTORS. (a) The district is
5-6 governed by a board of five directors appointed as provided by this
5-7 section.
5-8 (b) On or before the 90th day after the effective date of
5-9 this Act:
5-10 (1) the commissioners courts of Brazoria and Harris
5-11 counties each shall appoint one director to serve a term that
5-12 expires September 30, 1997; and
5-13 (2) the commissioners courts of Fort Bend, Galveston,
5-14 and Harris counties each shall appoint one director to serve a term
5-15 that expires September 30, 1999.
5-16 (c) On expiration of a director's term, the commissioners
5-17 court that appointed the director shall appoint a successor to
5-18 serve a four-year term that expires on September 30 of the fourth
5-19 year after the expiration of the previous director's term.
5-20 (d) On vacancy of a director's office during the director's
5-21 term, the commissioners court that appointed the director shall
5-22 appoint a person to serve as director for the remainder of the
5-23 term.
5-24 (e) A commissioners court may not appoint a person as a
5-25 director unless at the time of appointment the person holds an
5-26 elective office of a political subdivision in the district other
5-27 than the office of county commissioner. A person may be
6-1 reappointed for multiple terms as a director if the person holds,
6-2 at the time of each appointment, an elective office as required for
6-3 initial appointment.
6-4 (f) A director must qualify by taking the official oath of
6-5 office required of state officers.
6-6 (g) A director holds office until a successor is appointed
6-7 and qualifies for office.
6-8 (h) A director is not entitled to receive compensation for
6-9 service on the board, but may be reimbursed for actual travel
6-10 expenses.
6-11 (i) As soon as practicable after appointment, the initial
6-12 board shall hold a regular meeting and elect officers.
6-13 (j) The board shall elect from its members a chair, vice
6-14 chair, and secretary. A director elected to a board office serves
6-15 in that position for one year. The chair, or if the chair is
6-16 absent, the vice chair, shall preside over meetings of the board.
6-17 The chair, vice chair, and secretary shall perform the duties and
6-18 may exercise the powers specifically given them by this Act or by
6-19 resolution or order of the board.
6-20 (k) Three directors constitute a quorum for the transaction
6-21 of district business. An action of the board is valid only with
6-22 the affirmative vote of three directors.
6-23 (l) The board may adopt bylaws consistent with this Act.
6-24 The bylaws may be amended as necessary for the management and
6-25 operation of the district. The board shall hold regular and
6-26 special meetings at times and dates determined by the board. The
6-27 board shall maintain complete and accurate records of the
7-1 district's accounts, contracts, plans, notices, receipts, and
7-2 meetings and other proceedings in a secure manner at the district's
7-3 principal office. The records must be open to public inspection at
7-4 reasonable times.
7-5 SECTION 5. CONFIRMATION ELECTION. (a) The district may not
7-6 exercise a power granted by this Act other than a power granted by
7-7 this section until the creation of the district is confirmed by a
7-8 majority of the resident electors of the district voting at a
7-9 confirmation election called under this section. The initial board
7-10 shall call a confirmation election to be held not later than two
7-11 years after the effective date of this Act within the boundaries of
7-12 the proposed district. The board may call subsequent confirmation
7-13 elections if the district is not confirmed at the first election.
7-14 Expenses of a confirmation election shall be paid in equal shares
7-15 by each of the commissioners courts and shall be repaid by the
7-16 district if creation of the district is confirmed. Section
7-17 41.001(a), Election Code, does not apply to a confirmation
7-18 election.
7-19 (b) The board must give notice of a confirmation election.
7-20 The notice must state the date and polling places for the election
7-21 and the proposition to be voted on. The board must publish the
7-22 notice once in a newspaper or newspapers of general circulation in
7-23 the proposed district. The notice must be published at least 35
7-24 days before the date set for the election.
7-25 (c) The ballot for a confirmation election must be printed
7-26 to provide for voting for or against the proposition: "The
7-27 creation of the Clear Creek Watershed Regional Flood Control
8-1 District."
8-2 (d) Immediately after a confirmation election, the presiding
8-3 judge of each polling place shall return the results of the
8-4 election to the board. The board shall canvass the returns.
8-5 (e) If a majority of the votes cast at a confirmation
8-6 election favor the creation of the district, the board shall
8-7 declare the district confirmed and enter the results in its
8-8 minutes. If a majority of the votes cast at a confirmation
8-9 election are against the creation of the district, the board shall
8-10 declare that the district was defeated and shall enter the results
8-11 in its minutes. The board shall also file a copy of the election
8-12 results with the commission.
8-13 (f) If a majority of the voters at a confirmation election
8-14 vote against the creation of the district, another election to
8-15 confirm creation of the district may not be called and held for at
8-16 least 12 months following the most recent confirmation election.
8-17 If the district is not confirmed before the fifth anniversary of
8-18 the effective date of this Act, this Act expires.
8-19 SECTION 6. PERSONNEL. (a) The board may employ a general
8-20 manager as the chief administrative officer of the district. The
8-21 board may delegate to the general manager full authority to manage
8-22 and operate the affairs of the district, subject only to orders of
8-23 the board. The general manager shall execute a bond in an amount
8-24 determined by the board, payable to the district, conditioned on
8-25 the faithful performance of the general manager's duties. The
8-26 district shall pay for the bond.
8-27 (b) The board shall appoint a professional civil engineer
9-1 for the district, who shall be entitled to the compensation
9-2 provided in the district's budget. The district engineer shall
9-3 execute a bond in an amount determined by the board, payable to the
9-4 district, conditioned on the faithful performance of the district
9-5 engineer's duties. The district shall pay for the bond.
9-6 (c) The board may authorize the employment of other persons
9-7 necessary for the proper management of the business and operation
9-8 of the district, and may employ or contract with expert and
9-9 specialized personnel necessary to implement this Act. The board
9-10 shall determine the terms of employment or contracts and the
9-11 compensation to be paid to employees or persons under contract
9-12 under this section. The board shall require each employee or
9-13 person under contract who collects, pays, or handles district money
9-14 to furnish a bond, payable to the district, in an amount sufficient
9-15 to protect the district from financial loss resulting from actions
9-16 of the employee or person under contract. Each bond shall be
9-17 conditioned on the faithful performance of the duties of the
9-18 employee or person under contract and on accounting for all money
9-19 and property of the district that the employee or person under
9-20 contract handles. The district shall pay for each bond.
9-21 SECTION 7. DISTRICT OFFICE. The board shall designate the
9-22 location of the principal office of the district at any place in
9-23 the district.
9-24 SECTION 8. GENERAL POWERS AND DUTIES. (a) The district
9-25 shall develop a flood control and drainage plan under the
9-26 provisions of this Act for all land in the district, including the
9-27 main channel and all tributaries of Clear Creek.
10-1 (b) In accordance with the flood control and drainage plan,
10-2 the district shall:
10-3 (1) construct improvements on the main channel of
10-4 Clear Creek that will lessen and control flooding;
10-5 (2) prevent or remove deposits of silt and remove
10-6 natural or artificial obstructions from the main channel of Clear
10-7 Creek;
10-8 (3) conduct flood-control-related maintenance on the
10-9 main channel of Clear Creek; and
10-10 (4) approve and coordinate all flood control
10-11 improvements and maintenance within the boundaries of the district.
10-12 (c) Under a written agreement with a political subdivision
10-13 and in accordance with the flood control and drainage plan, the
10-14 district may construct in whole or in part improvements on any
10-15 watercourse or land in the district to:
10-16 (1) lessen and control flooding;
10-17 (2) prevent or remove deposits of silt and remove
10-18 natural or artificial obstructions from any watercourse; or
10-19 (3) conduct flood-control-related maintenance on any
10-20 watercourse.
10-21 (d) The district may issue bonds under this Act supported by
10-22 ad valorem taxes on property in the district to finance up to
10-23 one-half the cost of construction under Subsection (c) if the
10-24 district finds that the project will not be constructed without the
10-25 use of the ad valorem taxes.
10-26 (e) The district may issue bonds supported by revenues from
10-27 contracts with political subdivisions under Section 39 to finance
11-1 all or part of the cost of construction under this section.
11-2 (f) The district may:
11-3 (1) apply for, accept, receive, and administer gifts,
11-4 grants, and other funds available from any source;
11-5 (2) advise, consult, and cooperate with the federal
11-6 government and its agencies, the state and its agencies, local
11-7 governments, and private entities;
11-8 (3) acquire land, rights and interests in land, and
11-9 any other property needed to carry on the work of flood control by
11-10 gift, devise, purchase, or condemnation;
11-11 (4) sell, trade, or otherwise dispose of land,
11-12 property, or rights in land or property when no longer needed for
11-13 flood control purposes;
11-14 (5) authorize its officers, employees, or agents to go
11-15 on any land in the district for the purpose of surveying and
11-16 examining the land for flood control plans and projects, and for
11-17 any other purpose within the scope of the district's authority;
11-18 (6) enter into a contract executed in the name of the
11-19 district with anyone as provided by this Act;
11-20 (7) after providing notice and hearing in accordance
11-21 with procedures adopted by the board, adopt rules to implement this
11-22 Act;
11-23 (8) sue and be sued in any court of this state in the
11-24 name of the district, with service of process had by serving the
11-25 chair of the board;
11-26 (9) adopt a seal for the district;
11-27 (10) levy and collect impact fees under Section
12-1 395.080(b), Local Government Code; and
12-2 (11) do all other acts necessary to implement this
12-3 Act.
12-4 SECTION 9. FLOOD CONTROL AND DRAINAGE PLAN. (a) The board
12-5 shall direct the district engineer to prepare a flood control and
12-6 drainage plan that provides for:
12-7 (1) control and abatement of flood water and other
12-8 excess water; and
12-9 (2) reclamation and proper drainage of land in the
12-10 district.
12-11 (b) The district engineer shall file the completed plan with
12-12 the board and the commissioners courts.
12-13 (c) In preparing the plan, the district engineer may
12-14 exercise the powers and shall exercise the duties provided by
12-15 Sections 56.022 and 56.023, Water Code.
12-16 (d) In preparing the plan, the district engineer may
12-17 consider and use all or part of any previously prepared flood
12-18 control and drainage plan that covers any area in the district.
12-19 SECTION 10. NOTICE AND HEARING ON FLOOD CONTROL AND DRAINAGE
12-20 PLAN. (a) On receipt of the completed flood control and drainage
12-21 plan, the board shall schedule a public hearing to consider
12-22 adoption of the plan. The board must publish notice of the hearing
12-23 at least once in a newspaper with general circulation in the
12-24 district not less than 30 days before the date set for the hearing.
12-25 (b) At the hearing, any person who resides or owns property
12-26 in the district or a political subdivision located in whole or in
12-27 part in the district may appear before the board and present
13-1 evidence or testify for or against all or part of the plan.
13-2 SECTION 11. ADOPTION OF FLOOD CONTROL AND DRAINAGE PLAN.
13-3 (a) After holding the public hearing required by Section 10, the
13-4 board shall issue its findings and decision.
13-5 (b) If the board finds that the flood control and drainage
13-6 plan requires changes before it can be adopted, the board shall
13-7 direct the district engineer to make the necessary changes. The
13-8 district engineer shall make the changes and resubmit the plan to
13-9 the board.
13-10 (c) Without further public hearing, the board may continue
13-11 to direct the district engineer to make changes to the plan until
13-12 the board finds the plan acceptable for adoption.
13-13 (d) If the board finds that no changes are required in the
13-14 plan, or if the district engineer has made all necessary changes to
13-15 the plan under Subsections (b) and (c), the board shall submit the
13-16 plan to the commissioners courts. The commissioners courts may
13-17 consider the plan and recommend changes to the plan. If the board
13-18 and commissioners courts cannot agree on changes to the plan, the
13-19 board shall submit the provisions in the plan that are in dispute
13-20 to the district engineer for resolution of the dispute. The
13-21 decision of the district engineer is final. Not earlier than the
13-22 30th day after the plan is submitted to the commissioners courts,
13-23 the board shall adopt the plan as revised to reflect all necessary
13-24 changes.
13-25 SECTION 12. AMENDMENT OF FLOOD CONTROL AND DRAINAGE PLAN.
13-26 After complying with the provisions of Sections 10 and 11, the
13-27 board may amend the flood control and drainage plan as necessary to
14-1 accomplish the purpose stated in Section 9.
14-2 SECTION 13. IMPROVEMENTS TO BE CONSTRUCTED. (a) Only
14-3 improvements compatible with the flood control and drainage plan
14-4 and adopted by the board may be constructed.
14-5 (b) Improvements and maintenance on the main channel of
14-6 Clear Creek shall be constructed and performed only by the
14-7 district. The district may cause improvements and maintenance to
14-8 the main channel of Clear Creek to be constructed and performed
14-9 through contracts with other persons and political subdivisions,
14-10 but the district retains responsibility for assuring that all
14-11 construction and maintenance is done in conformance with the plan.
14-12 (c) All improvements and maintenance on lands draining into
14-13 Clear Creek or its tributaries, including detention structures, and
14-14 improvements and maintenance to channels other than the main
14-15 channel of Clear Creek may be constructed or performed by other
14-16 political subdivisions or persons in conformance with the plan.
14-17 The district may construct, in whole or part, improvements and
14-18 perform maintenance under this subsection under agreements with
14-19 other political subdivisions.
14-20 SECTION 14. LOCAL COOPERATION. The district shall cooperate
14-21 with other political subdivisions as much as possible to provide
14-22 uniform programs and coordinated planning.
14-23 SECTION 15. DISTRICT SUPERIOR IN FLOOD CONTROL AND DRAINAGE
14-24 MATTERS. The district has primary jurisdiction within its
14-25 boundaries over all matters affecting flood control and drainage of
14-26 land and may take any action necessary to assure compliance with
14-27 the flood control and drainage plan.
15-1 SECTION 16. CERTIFICATE REQUIRED FOR ACTIVITY AFFECTING
15-2 FLOOD CONTROL OR DRAINAGE. Except as provided by Section 17, a
15-3 person or political subdivision may not engage in an activity that
15-4 will affect flood control or drainage in the district without
15-5 obtaining a certificate from the board.
15-6 SECTION 17. EXEMPTIONS. After notice and hearing, the board
15-7 may adopt a rule or issue an order that exempts a specified
15-8 activity from Section 16. The board may exempt an activity only if
15-9 the board, after consultation with the district engineer, finds
15-10 that the activity will have at most a minimal impact on flood
15-11 control and drainage.
15-12 SECTION 18. NOTICE OF ACTIVITIES AFFECTING FLOOD CONTROL OR
15-13 DRAINAGE. (a) A person or political subdivision that plans to
15-14 engage in an activity that will affect flood control or drainage in
15-15 the district shall submit written notice to the board of the intent
15-16 to engage in the activity, accompanied by plans, specifications,
15-17 and other information relating to the activity.
15-18 (b) A person or political subdivision shall submit the
15-19 notice and other information required by Subsection (a) in the form
15-20 and manner and within the time provided by board rules.
15-21 SECTION 19. CONSIDERATION OF ACTIVITY BY ENGINEER. (a) On
15-22 receiving notice of a proposed activity under Section 18, the board
15-23 shall submit the notice and other information to the district
15-24 engineer for consideration.
15-25 (b) The district engineer shall examine the notice and other
15-26 information to determine:
15-27 (1) the effect of the proposed activity on flood
16-1 control and drainage in the district; and
16-2 (2) whether the proposed activity is compatible with
16-3 the flood control and drainage plan.
16-4 (c) The district engineer shall consult with the person or
16-5 political subdivision submitting the notice and information and
16-6 suggest changes in the proposed plans and specifications for the
16-7 activity necessary to make the activity compatible with the flood
16-8 control and drainage plan.
16-9 (d) If the district engineer and the person or political
16-10 subdivision proposing an activity agree to plans and specifications
16-11 for the activity that are compatible with the flood control and
16-12 drainage plan as determined by the district engineer, the district
16-13 engineer shall recommend that the board issue a certificate
16-14 authorizing the activity. If the district engineer and the person
16-15 or political subdivision proposing an activity cannot agree, the
16-16 district engineer shall recommend that the board decline to issue a
16-17 certificate authorizing the activity. The district engineer's
16-18 recommendation shall be included in a brief written report to the
16-19 board stating the district engineer's reasons for the
16-20 recommendation.
16-21 SECTION 20. BOARD CONSIDERATION AND ACTION. (a) On
16-22 receiving the district engineer's report, the board may issue a
16-23 certificate without giving notice or holding a public hearing to
16-24 consider the issuance.
16-25 (b) On consideration of the district engineer's report, if
16-26 the board intends to deny issuance of a certificate, the board
16-27 shall first give notice and hold a public hearing in accordance
17-1 with the district's rules to consider the issuance of the
17-2 certificate. After conducting the hearing, the board shall issue a
17-3 written decision granting or denying the certificate or granting
17-4 the certificate subject to specific requirements. The decision
17-5 shall state the findings of the board in making the decision.
17-6 SECTION 21. OBSTRUCTIONS AND STRUCTURES. (a) A person or
17-7 political subdivision may not place an obstruction or construct or
17-8 alter a structure on land in the district if the obstruction or
17-9 structure is not compatible with the flood control and drainage
17-10 plan and the district has not issued a certificate for the
17-11 activity.
17-12 (b) After notice and hearing, the board may issue an order
17-13 directing a person or political subdivision to remove or make
17-14 changes to an obstruction or structure constructed after adoption
17-15 of the flood control and drainage plan as necessary to comply with
17-16 the plan.
17-17 SECTION 22. INJUNCTIVE RELIEF. If a person or political
17-18 subdivision engages in an activity that will affect flood control
17-19 or drainage in the district without a certificate or places an
17-20 obstruction or constructs or alters a structure in violation of an
17-21 order issued by the board under Section 21, the board may sue in a
17-22 district court in any county in which the activity is occurring or
17-23 obstruction is built for injunctive relief to restrain the person
17-24 or political subdivision from continuing or threatening to continue
17-25 the violation or to require the person or political subdivision to
17-26 remove an obstruction or structure.
17-27 SECTION 23. CIVIL PENALTY. (a) A person or political
18-1 subdivision that violates Section 16 or 21 or any order issued by
18-2 the board under Section 16 or 21 is subject to a civil penalty of
18-3 not less than $100 nor more than $1,000 for each violation or each
18-4 day of a continuing violation.
18-5 (b) If a suit is filed under this section to recover a civil
18-6 penalty, the court may include in any final judgment in favor of
18-7 the district an award to cover court costs and reasonable
18-8 attorney's fees.
18-9 SECTION 24. EMINENT DOMAIN. (a) The district may acquire
18-10 land for district improvements by condemnation when the board
18-11 determines, after notice and hearing, that condemnation is
18-12 necessary.
18-13 (b) The district shall exercise the power of eminent domain
18-14 as provided by Chapter 21, Property Code, but the district is not
18-15 required in an appeal to post a bond or make a deposit.
18-16 (c) If the district, in the exercise of the power of eminent
18-17 domain, makes necessary the relocation, raising, lowering,
18-18 rerouting, or changing in grade, or alteration of the construction
18-19 of any highway, railroad, electric transmission line, telephone or
18-20 telegraph property or facility, or pipeline, the district shall pay
18-21 the cost of the necessary action so as to provide comparable
18-22 replacement of any replaced facility, less the replaced facility's
18-23 net salvage value.
18-24 SECTION 25. CONSTRUCTION CONTRACTS. (a) Construction
18-25 contracts of the district shall be competitively bid in accordance
18-26 with Subchapter B, Chapter 271, Local Government Code.
18-27 (b) The district shall comply with Sections 66.208-66.213,
19-1 Water Code.
19-2 SECTION 26. USE OF DISTRICT MONEY. (a) The board may use
19-3 district money for construction costs, acquisition of property,
19-4 maintenance of and improvements to flood control and drainage
19-5 systems of the district, payment of debt service requirements, and
19-6 establishment of appropriate reserves.
19-7 (b) The district's money may be disbursed only by check,
19-8 draft, order, or other written instrument that is signed by a
19-9 person or persons authorized by the board.
19-10 SECTION 27. INVESTMENTS. The board shall invest district
19-11 money in accordance with the Public Funds Investment Act (Section
19-12 2256.001 et seq., Government Code). The board may allow an
19-13 authorized district representative to invest and reinvest the
19-14 district's money and withdraw money from appropriate district
19-15 accounts for investments on terms the board considers advisable.
19-16 SECTION 28. BUDGET. (a) The board annually shall prepare a
19-17 budget covering all proposed expenditures for the succeeding year.
19-18 The budget must contain a complete financial statement of the
19-19 district.
19-20 (b) The board shall conduct a public hearing on the proposed
19-21 budget on a date set by the board after August 15 and before the
19-22 levy of district taxes. The board shall give public notice of the
19-23 hearing by publication in a newspaper of general circulation in the
19-24 district at least 15 days before the hearing.
19-25 SECTION 29. ISSUANCE OF BONDS. (a) The district may:
19-26 (1) issue bonds secured by district revenues or ad
19-27 valorem taxes to accomplish the purposes of this Act;
20-1 (2) provide for the payment of interest on district
20-2 bonds as it accrues; and
20-3 (3) provide for a sinking fund for the payment of the
20-4 principal of district bonds.
20-5 (b) The district may issue bonds in various series or
20-6 issues. The bonds may mature serially or otherwise but may not
20-7 mature more than 40 years from their date or dates of issuance.
20-8 (c) The district's bonds and interest coupons, if any, are
20-9 investment securities under the terms of Chapter 8, Business &
20-10 Commerce Code, and may be registered as to principal or principal
20-11 and interest or may be issued in book entry form. The district's
20-12 bonds may be made redeemable before maturity at the option of the
20-13 district or may contain a mandatory redemption provision. The
20-14 district's bonds may be issued in the form, denomination, and
20-15 manner provided by the board in the resolution or order authorizing
20-16 issuance of the bonds. The district may provide for the flow of
20-17 funds, the establishment and maintenance of an interest, sinking,
20-18 reserve, or other fund, and may make covenants with respect to the
20-19 bonds and the ad valorem taxes or revenues pledged to secure the
20-20 bonds.
20-21 (d) The district may prohibit the further issuance of bonds
20-22 or other obligations payable from any pledged ad valorem taxes or
20-23 revenues or may reserve the right to issue additional bonds secured
20-24 by a pledge of ad valorem taxes or revenues on a parity with or
20-25 subordinate to the pledge securing bonds issued earlier.
20-26 (e) The orders or resolutions of the board issuing bonds may
20-27 contain other provisions and covenants as the board may determine.
21-1 The board may adopt and have executed any other proceedings or
21-2 instruments necessary in connection with the issuance of bonds.
21-3 (f) The district's bonds are subject to Article 717k-6,
21-4 Revised Statutes, except as provided by this Act.
21-5 SECTION 30. BOND ELECTION. (a) The district may not issue
21-6 bonds secured by ad valorem taxes, other than refunding bonds,
21-7 until the bonds have been authorized by a majority vote of the
21-8 voters qualified to vote and actually voting in the district at an
21-9 election called and held for that purpose.
21-10 (b) The board order calling a bond election under this
21-11 section must state the nature and date of the election, the hours
21-12 during which the polls will be open, the location of the polling
21-13 places, the amount of bonds to be authorized, and the maximum
21-14 maturity of the bonds. Notice of a bond election must be given as
21-15 provided by Section 5. The election shall be held in accordance
21-16 with the Election Code, except as provided by this Act. A bond
21-17 election may be called in conjunction with a confirmation election
21-18 under Section 5. At a bond election, the ballots must provide for
21-19 voting for or against the issuance of bonds and the levy of ad
21-20 valorem taxes to secure payment of the bonds. The board shall
21-21 canvass the returns and declare the results of the election. If a
21-22 majority of the qualified voters voting at the election vote in
21-23 favor of the issuance of bonds and the levy of taxes, the board may
21-24 issue, sell, and deliver the authorized bonds, receive and use the
21-25 bond proceeds for their intended purposes, and levy, assess, and
21-26 collect ad valorem taxes on all taxable property in the district in
21-27 an amount sufficient to pay interest on and principal of the bonds.
22-1 SECTION 31. REFUNDING BONDS. The district may issue
22-2 refunding bonds for the purpose and in the manner provided by
22-3 general law, including Articles 717k and 717k-3, Revised Statutes,
22-4 as those laws may be amended from time to time.
22-5 SECTION 32. APPROVAL AND REGISTRATION OF BONDS. The board
22-6 shall submit all bonds issued by the district to the attorney
22-7 general for examination. If the attorney general finds that the
22-8 bonds have been authorized in accordance with law, the attorney
22-9 general shall approve the bonds, and the comptroller of public
22-10 accounts shall register the bonds. After approval and registration
22-11 the bonds are incontestable in any court or other forum for any
22-12 reason and are valid and binding obligations in accordance with
22-13 their terms for all purposes.
22-14 SECTION 33. USE OF BOND PROCEEDS. From the proceeds of the
22-15 sale of bonds, the board may set aside an amount for the payment of
22-16 interest expected to accrue during a period of construction of
22-17 improvements or facilities not to exceed three years, and an amount
22-18 necessary to pay all expenses incurred and to be incurred in the
22-19 issuance, sale, and delivery of the bonds. Proceeds from the
22-20 initial sale of the district's bonds may be used to pay expenses
22-21 related to the district's confirmation.
22-22 SECTION 34. BONDS AUTHORIZED INVESTMENTS. (a) Bonds issued
22-23 by the district are legal and authorized investments for all banks,
22-24 savings banks, trust companies, building and loan associations,
22-25 savings and loan associations, insurance companies, fiduciaries,
22-26 trustees, guardians, interest and sinking funds and other public
22-27 funds of the state, agencies, subdivisions, and instrumentalities
23-1 of the state, including counties, municipalities, villages, school
23-2 districts, and all other kinds and types of districts, public
23-3 agencies and bodies politic including the state permanent school
23-4 fund.
23-5 (b) District bonds are eligible and lawful security for all
23-6 deposits of public funds of the state, and all agencies,
23-7 subdivisions, and instrumentalities of the state, including
23-8 counties, municipalities, villages, school districts, and all other
23-9 kinds and types of districts, public agencies, and bodies politic
23-10 to the extent of the market value of the bonds, when accompanied by
23-11 any unmatured interest coupons appurtenant to the bonds.
23-12 SECTION 35. REMEDIES. The owner of a bond issued by the
23-13 district may, in addition to any other remedy provided by law,
23-14 obtain a writ of mandamus requiring the district to perform its
23-15 obligations under the bond if the district:
23-16 (1) defaults in the payment of principal, interest, or
23-17 redemption price when due;
23-18 (2) fails to make required payments into a fund
23-19 related to the bond; or
23-20 (3) fails to perform any other obligation under the
23-21 bond.
23-22 SECTION 36. TAX-FREE STATUS. Bonds issued by the district,
23-23 any transaction relating to the district's bonds, and profits made
23-24 in the sale of district bonds are free from taxation by the state
23-25 or a political subdivision of the state.
23-26 SECTION 37. MAINTENANCE TAX. (a) The district may levy,
23-27 assess, and collect an annual ad valorem tax on all taxable
24-1 property in the district for the maintenance, operation, upkeep,
24-2 and improvement of the district and its facilities, properties, and
24-3 improvements.
24-4 (b) An ad valorem maintenance tax under Subsection (a) must
24-5 be authorized by a majority vote of the voters qualified to vote
24-6 and voting in the district at an election called and held for that
24-7 purpose.
24-8 (c) In addition to the requirements of the Election Code,
24-9 the ballot for the election must provide for voting "For the
24-10 maintenance tax" or "Against the maintenance tax".
24-11 (d) Subsequent elections may be called to increase, reduce,
24-12 or abate a maintenance tax.
24-13 (e) Notice of the election and the manner of holding the
24-14 election shall be as provided in Section 5.
24-15 (f) Maintenance taxes and bonds may be authorized at the
24-16 same election, including an election held in conjunction with a
24-17 district confirmation election under Section 5.
24-18 (g) An election authorizing a maintenance tax shall be held
24-19 in accordance with the Election Code, except as provided in this
24-20 Act.
24-21 SECTION 38. IMPOSITION OF TAXES. (a) The district may
24-22 annually levy ad valorem taxes approved in elections under Sections
24-23 30 and 37 to pay the principal of and interest on district bonds,
24-24 the expense of assessing and collecting taxes, and the expense of
24-25 operating and maintaining the district and its facilities. The
24-26 board may levy taxes for the entire year in the year in which the
24-27 district is confirmed.
25-1 (b) The district shall levy taxes on all property in the
25-2 district subject to taxation. In setting the tax rate, the board
25-3 shall take into consideration the income of the district from
25-4 sources other than taxation. On determination of the amount of tax
25-5 required to be levied, the board shall make the levy and certify it
25-6 to the tax assessor-collector.
25-7 (c) The Tax Code governs the appraisal, assessment, and
25-8 collection of district taxes. The board may provide for the
25-9 appointment of a tax assessor-collector for the district or may
25-10 contract for the assessment and collection of taxes as provided by
25-11 the Tax Code.
25-12 SECTION 39. JOINT PROJECTS. (a) The district may issue
25-13 bonds secured by revenues arising from a contract with a political
25-14 subdivision located wholly or partially in the district for the
25-15 construction of an improvement identified in the flood control and
25-16 drainage plan. The district shall provide the proceeds from the
25-17 bonds to the local political subdivision for the construction of
25-18 the improvement, or, if the contract with the political subdivision
25-19 requires the district to construct said improvements, the district
25-20 shall use the proceeds for the required construction. Bonds issued
25-21 under this section are subject to Sections 29, 31, 32, and 33,
25-22 except that any provision associated with the authorization, levy,
25-23 or collection of an ad valorem tax does not apply.
25-24 (b) A political subdivision located wholly or partially in
25-25 the district may enter into any contract with the district that is
25-26 considered appropriate by its governing body. The political
25-27 subdivision may pledge to the payment of the contract any source of
26-1 revenue available to the political subdivision, including the levy
26-2 and collection of ad valorem taxes, if the political subdivision
26-3 has the authority to levy and collect those taxes. To the extent a
26-4 political subdivision pledges money to be derived from any of its
26-5 own systems, the payments constitute an operating expense of that
26-6 system.
26-7 SECTION 40. CONSTRUCTION. This Act shall be liberally
26-8 construed to accomplish the Act's purposes.
26-9 SECTION 41. FINDING OF BENEFIT. All property, both real and
26-10 personal, in the district will be benefited by the district and by
26-11 the district's improvements and facilities acquired or constructed
26-12 under this Act.
26-13 SECTION 42. LEGISLATIVE FINDING. The requirements of
26-14 Section 59, Article XVI, Texas Constitution, have been met and
26-15 accomplished in due course and time.
26-16 SECTION 43. EMERGENCY. The importance of this legislation
26-17 and the crowded condition of the calendars in both houses create an
26-18 emergency and an imperative public necessity that the
26-19 constitutional rule requiring bills to be read on three several
26-20 days in each house be suspended, and this rule is hereby suspended,
26-21 and that this Act take effect and be in force from and after its
26-22 passage, and it is so enacted.