H.B. No. 3231 1-1 AN ACT 1-2 relating to the Brazoria County Drainage District Number 4; the 1-3 powers and duties of the district; the election, terms, and 1-4 compensation of district commissioners; filling vacant positions on 1-5 the district board of commissioners; changing the name of the 1-6 district; authorizing the issuance of bonds and imposition of a 1-7 tax; and granting the power of eminent domain. 1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-9 SECTION 1. NAME OF DISTRICT. On and after the effective 1-10 date of this Act, the Brazoria County Drainage District Number Four 1-11 created by order of the Brazoria County Commissioners Court on or 1-12 about June 28, 1910, shall be known as "Brazoria Drainage District 1-13 Number Four." 1-14 SECTION 2. DEFINITIONS. In this Act: 1-15 (1) "Board" means the board of commissioners of the 1-16 district. 1-17 (2) "District" means the Brazoria Drainage District 1-18 Number Four. 1-19 SECTION 3. SEAL. The board shall adopt a seal for the 1-20 district. 1-21 SECTION 4. GENERAL POWERS AND DUTIES. (a) The district has 1-22 all of the powers of a conservation and reclamation district 1-23 created under Section 52, Article III, or Section 59, Article XVI, 1-24 Texas Constitution, and governed by Chapters 50 and 56, Water Code, 2-1 and those powers necessary or convenient for the drainage and 2-2 reclamation of land in the district, except as provided by this 2-3 Act. 2-4 (b) The district may construct, complete, carry out, 2-5 maintain, add to, or rebuild any work or improvement in or outside 2-6 of the district necessary to accomplish the district's functions or 2-7 to exercise the district's authority. The district may enter any 2-8 necessary contract, employ any person, or take any action necessary 2-9 to accomplish a district purpose. 2-10 (c) The district shall comply with Section 50.061, Water 2-11 Code, in making a contract for an improvement. 2-12 (d) The board may adopt and the district may enforce rules 2-13 necessary to facilitate the provision of district facilities or 2-14 services including setting and collecting charges, fees, or 2-15 rentals. In accordance with district rules, the district may 2-16 discontinue a facility or service to prevent an abuse or to enforce 2-17 payment of a charge, fee, or rental that is due and unpaid. 2-18 (e) The board by rule may require a deposit for a service to 2-19 be provided by the district. The rules may provide for payment of 2-20 interest on a deposit. 2-21 (f) The district shall maintain an office in accordance with 2-22 Section 50.057, Water Code. 2-23 (g) The district shall preserve district records and keep 2-24 the district's records and minutes in accordance with Sections 2-25 50.029 and 50.054, Water Code. 2-26 (h) The district may employ or retain necessary employees or 2-27 professional consultants for the proper operation of the district 3-1 including a general manager, attorneys, bookkeepers, or engineers. 3-2 (i) The board is responsible for all money and funds of the 3-3 district. It is not the duty of the county judge of Brazoria 3-4 County to countersign a warrant or check of the district. It is 3-5 not the duty of the county treasurer or the county auditor of 3-6 Brazoria County to perform any service for the district. 3-7 SECTION 5. ACQUISITION, LEASE, AND DISPOSAL OF PROPERTY. 3-8 (a) The district may acquire or lease any property inside or 3-9 outside of the district necessary to accomplish a district purpose, 3-10 including lands, materials, barren or waste grounds, water rights, 3-11 easements, and rights-of-way. 3-12 (b) The district may acquire property by purchase, gift, or 3-13 condemnation. 3-14 (c) The district may condemn fee simple title to or an 3-15 easement on real property, as necessary to accomplish a district 3-16 purpose. The district may condemn property only as provided by 3-17 Chapter 21, Property Code, except that the district is not required 3-18 to give bond or make a deposit for appeal or costs in a 3-19 condemnation suit. 3-20 (d) As the board considers favorable to the district, the 3-21 district by public sale may dispose of property that the board 3-22 finds is not necessary for the district to carry out a district 3-23 function. 3-24 SECTION 6. COSTS OF CERTAIN ALTERATIONS. If the district 3-25 acquires an interest in property that requires the relocation, 3-26 raising, rerouting, changing the grade of, or altering the 3-27 construction of a highway, railroad, electric transmission line, 4-1 telegraph or telephone property or facility, irrigation canal or 4-2 lateral, or pipeline, the district shall pay the cost of the action 4-3 so as to provide a comparable replacement, less the salvage value, 4-4 of the replaced facilities. 4-5 SECTION 7. ELECTION AND TERMS OF COMMISSIONERS; VACANCY. 4-6 (a) The district is managed by a board of three commissioners as 4-7 provided by Chapter 56, Water Code, and each holds an elected 4-8 office designated as Place No. 1, Place No. 2, or Place No. 3. The 4-9 board shall call and hold elections for the appropriate number of 4-10 commissioners on the uniform election date in November of each 4-11 even-numbered year. Notwithstanding Section 56.063, Water Code, 4-12 the commissioners serve staggered four-year terms, each beginning 4-13 January 1 of the year following the commissioner's election and 4-14 continuing until the commissioner's successor in office is elected 4-15 and has qualified. 4-16 (b) Except as provided by this section, and in addition to 4-17 the qualifications provided by Section 56.062, Water Code, a 4-18 candidate for a commissioner's office must have the candidate's 4-19 name printed on the general election ballot in the same manner as a 4-20 candidate for other county offices, either by becoming the nominee 4-21 of a political party or by filing as an independent candidate, 4-22 under the same procedures as a candidate for a precinct office. 4-23 (c) A candidate for nomination to a commissioner's office in 4-24 a primary election must include with the candidate's application a 4-25 filing fee of $50 or a petition of voters meeting the requirements 4-26 of a petition for a precinct office. The application of an 4-27 independent candidate for a commissioner's office must be: 5-1 (1) filed with the county judge of Brazoria County; 5-2 and 5-3 (2) signed by the lesser of: 5-4 (A) a number of qualified voters of the district 5-5 equal to five percent of the total number of votes cast for all 5-6 candidates for that commissioner's office in the last preceding 5-7 general election; or 5-8 (B) 500 qualified voters of the district. 5-9 (d) If a vacancy occurs in the nomination of a political 5-10 party for a commissioner's office, the executive committee of the 5-11 party for the district may name a candidate to fill the vacancy in 5-12 the manner provided by Subchapter B, Chapter 145, Election Code, 5-13 for filling other vacancies in nominations. For purposes of this 5-14 subsection, the executive committee of a political party is 5-15 composed of the precinct chairmen of the county election precincts 5-16 that are wholly or partly in the district. 5-17 (e) At the discretion of the authority responsible for 5-18 providing supplies for the primary or general election, a 5-19 commissioner's office may be listed on a separate ballot provided 5-20 along with the regular ballot to the voters entitled to vote on the 5-21 office. If the voting is conducted by voting machines or an 5-22 electronic voting system, a separate paper ballot may be used for 5-23 voting on a commissioner's office. If a commissioner's office is 5-24 listed on the regular ballot, the office shall be listed after the 5-25 precinct offices. A ballot including a commissioner's office may 5-26 not be provided to a voter ineligible to vote on the offices. If 5-27 some of the voters at a polling place are not entitled to vote on a 6-1 commissioner's office, the poll list shall be kept in a manner that 6-2 indicates those voters who are provided a ballot containing a 6-3 commissioner's office. 6-4 (f) A vacancy in a commissioner's office or other board 6-5 office shall be filled by appointment by the remaining 6-6 commissioners if less than 290 days remain before the date of the 6-7 next regular election of one or more commissioners. If the 6-8 commissioners do not agree on an appointment before the 61st day 6-9 after the date the vacancy occurs, the commissioners shall call and 6-10 hold a special election to fill the office before the 121st day 6-11 after the date the vacancy occurs. 6-12 (g) If for any reason the number of commissioners is fewer 6-13 than two, the Brazoria County Commissioners Court shall appoint one 6-14 or two commissioners so that there are two commissioners serving. 6-15 The commissioners court shall make the appointments to fill the 6-16 shortest unexpired term among the vacant offices. The remaining 6-17 vacancy shall be filled by special election as provided by 6-18 Subchapter C, Chapter 201, Election Code. 6-19 (h) If a vacancy occurs in a commissioner's office and more 6-20 than 290 days remain before the date of the next regular election 6-21 of one or more commissioners, the remaining commissioners shall 6-22 order a special election to fill the office. The special election 6-23 must be held on the first uniform election date that occurs before 6-24 the next regular election of commissioners and that allows 6-25 sufficient time to hold the election in the manner required by law. 6-26 The election shall be conducted in the same manner as the regular 6-27 election of commissioners except as provided by Subchapter C, 7-1 Chapter 201, Election Code. 7-2 (i) Notwithstanding Subsection (a) of this section, for the 7-3 election held on the uniform election date in November 1996, a 7-4 commissioner shall be elected to Place No. 1 and to Place No. 2 7-5 with each to serve a four-year term, and a commissioner shall be 7-6 elected to Place No. 3 to serve a two-year term. 7-7 SECTION 8. ORGANIZATION OF THE BOARD; QUORUM. (a) The board 7-8 shall organize by electing one commissioner as presiding officer 7-9 and one commissioner as secretary. 7-10 (b) The secretary serves as presiding officer in the absence 7-11 of the elected presiding officer. 7-12 (c) Two commissioners constitute a quorum. An affirmative 7-13 vote of two commissioners is required for the board to act. 7-14 SECTION 9. COMPENSATION AND PER DIEM OF COMMISSIONERS. (a) 7-15 Notwithstanding provisions found elsewhere in this Act, the salary 7-16 of a commissioner shall be set at $25 per day. It is further 7-17 provided that a commissioner shall receive a per diem of $7.50. 7-18 (b) Section 56.067, Water Code, does not apply to the board. 7-19 SECTION 10. PERFORMANCE BONDS. (a) Each officer, agent, or 7-20 employee of the district charged with the collection, custody, or 7-21 payment of money or funds of the district shall provide a bond 7-22 conditioned on the faithful performance of the duties of the 7-23 officer, agent, or employee and on a true accounting of all funds 7-24 and property of the district. The bond must be in the amount set 7-25 by the board and approved by the board. 7-26 (b) The district shall pay the premiums for all bonds 7-27 required of an officer, agent, or employee of the district. 8-1 SECTION 11. ISSUANCE OF BONDS; ORDER AND ELECTION. (a) The 8-2 district may issue bonds in various series or issues for any 8-3 district purpose. The board may provide for the bonds to be paid: 8-4 (1) from an ad valorem tax on all taxable property in 8-5 the district; or 8-6 (2) by entering into a contract for the pledge of 8-7 revenue derived from the operation of district facilities. 8-8 (b) For the purpose of securing payment of a bond issue, the 8-9 district may mortgage or encumber any part of: 8-10 (1) a district property or facility; or 8-11 (2) the franchise, revenue, or income from the 8-12 operation of a district property or facility. 8-13 (c) District bonds payable solely from district revenues may 8-14 be issued by order of the board. The board may not issue a bond 8-15 payable in any part from ad valorem taxes unless the bond and tax 8-16 are approved by the resident voters of the district at an election 8-17 called by the board for that purpose. The board shall conduct and 8-18 canvass the election. Notice of the election must be given by 8-19 publication of notice once in a newspaper of general circulation in 8-20 Brazoria County on or before the 10th day before the election is 8-21 held. The notice must contain the proposition to be voted on, an 8-22 estimate of the probable cost of the purchase of property or 8-23 improvements, if any, and of the construction of improvements or 8-24 additions to improvements. The board may include all or part of 8-25 the facilities or improvements to be acquired with the bond 8-26 proceeds in a single proposition or in several propositions. This 8-27 section does not apply to refunding bonds. 9-1 (d) At an election to authorize bonds payable wholly from ad 9-2 valorem taxes, for each proposition submitted, the ballots must be 9-3 printed to provide for voting for or against the proposition: "The 9-4 issuance of bonds and the levy of taxes to pay the bonds." At an 9-5 election to authorize bonds payable partially from ad valorem 9-6 taxes, for each proposition submitted, the ballots must be printed 9-7 to provide for voting for or against the proposition: "The 9-8 issuance of bonds and the pledge of net revenues and the levy of ad 9-9 valorem taxes to pay the bonds." Separate propositions for tax 9-10 bonds and for combination revenue and tax bonds may be submitted at 9-11 the same election. 9-12 (e) In issuing bonds payable wholly or partially from 9-13 district revenue, the board may provide in the order authorizing 9-14 the issuance of the bonds for later issues of additional parity 9-15 bonds, subordinate lien bonds, or other bonds. The additional 9-16 bonds may be issued only under the terms and conditions provided in 9-17 the order. 9-18 SECTION 12. BOND PROCEEDS. (a) Bond proceeds may be used 9-19 to pay: 9-20 (1) interest on the bonds during construction of 9-21 facilities financed by the bond proceeds; and 9-22 (2) operation and maintenance expenses for the 9-23 facilities financed by the bond proceeds for the period provided in 9-24 the resolution authorizing the issuance of the bonds. 9-25 (b) The board may invest and reinvest district money held in 9-26 an interest, sinking, reserve, or other fund established in a board 9-27 order authorizing the issuance of bonds in any manner or in any 10-1 securities as provided in the order. 10-2 SECTION 13. LIMITATION ON TAX BONDS OUTSTANDING. The total 10-3 value of outstanding bonds payable from ad valorem taxes may not 10-4 exceed seven percent of the assessed value of taxable property in 10-5 the district, according to the most recently completed and approved 10-6 tax rolls of the district. 10-7 SECTION 14. SALE OR EXCHANGE OF BONDS. The district shall 10-8 sell district bonds at the best possible price and on the best 10-9 terms. The district may exchange bonds for property acquired by 10-10 purchase or in payment of the contract price of work for the use or 10-11 benefit of the district. 10-12 SECTION 15. BOND APPROVAL. (a) The district shall submit 10-13 all bonds authorized to be issued to the attorney general for 10-14 examination. If the attorney general finds that the bonds have 10-15 been issued in accordance with law, the attorney general shall 10-16 approve the bonds and the comptroller shall register the bonds. On 10-17 approval and registration the bonds are incontestable in any court 10-18 or other forum for any reason and are valid and binding obligations 10-19 in accordance with the terms and purposes of the bonds. 10-20 (b) If bonds payable from district revenues are secured by a 10-21 pledge of the proceeds of a contract or lease between the district 10-22 and another party, a copy of the contract or lease may be submitted 10-23 to the attorney general under Subsection (a) of this section along 10-24 with the bond records. If the contract or lease is submitted under 10-25 this subsection and the bonds are approved by the attorney general, 10-26 the contract or lease is incontestable in any court or other forum. 10-27 SECTION 16. REFUNDING BONDS. (a) The board may issue 11-1 refunding bonds to refund or refinance all or part of the 11-2 district's outstanding bonds or matured and unpaid interest 11-3 coupons. 11-4 (b) The refunding bonds must be payable from the same source 11-5 as the bonds being refunded. 11-6 (c) The district is not required to hold an election before 11-7 issuing refunding bonds under this section. 11-8 SECTION 17. BONDS AS INVESTMENTS; PAID BONDS. (a) When 11-9 accompanied by all unmatured interest coupons appurtenant to the 11-10 bond and to the extent of the market value of the bond, a bond 11-11 issued by the district is a legal and authorized investment for a 11-12 bank, trust company, building and loan association, savings and 11-13 loan association, insurance company, fiduciary, trustee, interest 11-14 and sinking fund, or public fund of the state or of an agency, 11-15 subdivision, or instrumentality of the state. 11-16 (b) District bonds and coupons, when paid, shall be 11-17 delivered to the board for cancellation and destruction. 11-18 SECTION 18. TAX TO PAY BONDS. The district may, with voter 11-19 approval, levy and collect a tax to meet the requirements of the 11-20 district's bonds. 11-21 SECTION 19. MAINTENANCE TAX. (a) The district may levy and 11-22 collect a maintenance tax to pay for: 11-23 (1) services, professional fees, organization, or 11-24 administrative expenses; 11-25 (2) the planning, maintenance, repair, or operation of 11-26 or additions to the district's property, facilities, or 11-27 improvements; or 12-1 (3) other expenses incurred by the district. 12-2 (b) The district's maintenance tax must be approved by the 12-3 voters. To authorize or increase the maintenance tax, the board 12-4 must call and hold an election for the voters residing in the 12-5 district to vote for or against the proposition: "To authorize the 12-6 district to levy and collect a maintenance tax in the amount of 12-7 _____." The election shall be called and held in the manner 12-8 provided by Section 11 of this Act. 12-9 (c) The board may levy, assess, and collect an approved 12-10 maintenance tax in the same manner as other taxes. 12-11 (d) A tax approved by election may be levied, assessed, and 12-12 collected until the tax is disapproved at another election held for 12-13 that purpose. The district may not hold an election to repeal or 12-14 reduce the maintenance tax more than once in a 5-year period. 12-15 SECTION 20. TAX ASSESSOR AND COLLECTOR. (a) The tax 12-16 assessor and collector of Brazoria County shall serve, ex officio, 12-17 as the tax assessor and collector of the district. In assessing 12-18 and collecting taxes, the tax assessor and collector has the same 12-19 powers and is governed by the same rules and proceedings as 12-20 provided for the collection of state and county taxes, except as 12-21 provided by this Act. 12-22 (b) The blanks used by the assessor and collector to accept 12-23 rendition of property for taxation by Brazoria County shall be 12-24 printed to show that the rendition of property in the district is 12-25 also made for the benefit of the district. The property in the 12-26 district shall be clearly indicated on the tax rolls in the office 12-27 of the assessor and collector. The value of properties in the 13-1 district, as equalized by the board of equalization of Brazoria 13-2 County or its successor and finally approved by the Brazoria County 13-3 Commissioners Court, constitutes the assessed value of the 13-4 properties for district taxes. Before the 6th day after the date 13-5 the Brazoria County Commissioners Court approves the report of the 13-6 board of equalization, the assessor and collector shall certify to 13-7 the board the total assessed value of the property in the district 13-8 according to the approved tax rolls. 13-9 (c) After deductions, the taxes collected shall be deposited 13-10 in the district's depository. 13-11 (d) The assessor and collector may charge and deduct from 13-12 all taxes collected on the current year's tax roll an amount for 13-13 services as specified by the board. 13-14 SECTION 21. TAX LIEN. (a) Taxes authorized by this Act 13-15 constitute a lien on property assessed for the taxes. 13-16 (b) The tax assessor and collector shall make a certified 13-17 list of all property on which taxes levied by the district are due 13-18 but remain unpaid. The assessor and collector shall provide the 13-19 list to the Brazoria County Commissioners Court and the 13-20 commissioners court shall collect the taxes by the sale of the 13-21 property in the manner provided for the sale of property for 13-22 collection of state and county taxes. 13-23 (c) The district may purchase any property sold for the 13-24 benefit of the district. 13-25 SECTION 22. REPEALER. The following are repealed: 13-26 (1) Sections 4, 7, and 7A, Chapter 7, Acts of the 41st 13-27 Legislature, 1st Called Session, 1929; and 14-1 (2) Chapter 8, Acts of the 67th Legislature, 1st 14-2 Called Session, 1981. 14-3 SECTION 23. SEVERABILITY. If any provision of this Act or 14-4 its application to any person or circumstance is held invalid, the 14-5 invalidity does not affect other provisions or applications of this 14-6 Act that may be given effect without the invalid provision or 14-7 application, and to this end the provisions of this Act are 14-8 declared to be severable. 14-9 SECTION 24. EMERGENCY. The importance of this legislation 14-10 and the crowded condition of the calendars in both houses create an 14-11 emergency and an imperative public necessity that the 14-12 constitutional rule requiring bills to be read on three several 14-13 days in each house be suspended, and this rule is hereby suspended, 14-14 and that this Act take effect and be in force from and after its 14-15 passage, and it is so enacted.