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.