By Harris                                             H.B. No. 3231
       74R8417 JJT-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the Brazoria County Drainage District No. 4; the powers
    1-3  and duties of the district; the election, terms, and compensation
    1-4  of district commissioners; filling vacant positions on the district
    1-5  board of commissioners; changing the name of the district;
    1-6  authorizing the issuance of bonds and imposition of a tax; and
    1-7  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 EXPENSES OF COMMISSIONERS.  (a)
   7-15  The board may set the compensation of commissioners, and a
   7-16  commissioner is entitled to reimbursement for actual and necessary
   7-17  expenses incurred in performing the duties of the commissioner.
   7-18        (b)  A commissioner must make a verified statement of
   7-19  expenses and the statement must be approved by the board before
   7-20  reimbursement for expenses is paid to the commissioner.
   7-21        (c)  The board shall post notice of any intended action to
   7-22  increase the amount of compensation for commissioners as provided
   7-23  by the open meetings law, Chapter 551, Government Code, and at
   7-24  least 30 days before a vote of the board on the intended action.
   7-25        (d)  Section 56.067, Water Code, does not apply to the board.
   7-26        SECTION 10.  PERFORMANCE BONDS.  (a)  Each officer, agent, or
   7-27  employee of the district charged with the collection, custody, or
    8-1  payment of money or funds of the district shall provide a bond
    8-2  conditioned on the faithful performance of the duties of the
    8-3  officer, agent, or employee and on a true accounting of all funds
    8-4  and property of the district.  The bond must be in the amount set
    8-5  by the board and approved by the board.
    8-6        (b)  The district shall pay the premiums for all bonds
    8-7  required of an officer, agent, or employee of the district.
    8-8        SECTION 11.  ISSUANCE OF BONDS; ORDER AND ELECTION.  (a) The
    8-9  district may issue bonds in various series or issues for any
   8-10  district purpose.  The board may provide for the bonds to be paid:
   8-11              (1)  from an ad valorem tax on all taxable property in
   8-12  the district; or
   8-13              (2)  by entering into a contract for the pledge of
   8-14  revenue derived from the operation of district facilities.
   8-15        (b)  For the purpose of securing payment of a bond issue, the
   8-16  district may mortgage or encumber any part of:
   8-17              (1)  a district property or facility; or
   8-18              (2)  the franchise, revenue, or income from the
   8-19  operation of a district property or facility.
   8-20        (c)  District bonds payable solely from district revenues may
   8-21  be issued by order of the board.  The board may not issue a bond
   8-22  payable in any part from ad valorem taxes unless the bond and tax
   8-23  are approved by the resident voters of the district at an election
   8-24  called by the board for that purpose.  The board shall conduct and
   8-25  canvass the election.  Notice of the election must be given by
   8-26  publication of notice once in a newspaper of general circulation in
   8-27  Brazoria County on or before the 10th day before the election is
    9-1  held.  The notice must contain the proposition to be voted on, an
    9-2  estimate of the probable cost of the purchase of property or
    9-3  improvements, if any, and of the construction of improvements or
    9-4  additions to improvements.  The board may include all or part of
    9-5  the facilities or improvements to be acquired with the bond
    9-6  proceeds in a single proposition or in several propositions.  This
    9-7  section does not apply to refunding bonds.
    9-8        (d)  At an election to authorize bonds payable wholly from ad
    9-9  valorem taxes, for each proposition submitted, the ballots must be
   9-10  printed to provide for voting for or against the proposition:  "The
   9-11  issuance of bonds and the levy of taxes to pay the bonds."  At an
   9-12  election to authorize bonds payable partially from ad valorem
   9-13  taxes, for each proposition submitted, the ballots must be printed
   9-14  to provide for voting for or against the proposition:  "The
   9-15  issuance of bonds and the pledge of net revenues and the levy of ad
   9-16  valorem taxes to pay the bonds."  Separate propositions for tax
   9-17  bonds and for combination revenue and tax bonds may be submitted at
   9-18  the same election.
   9-19        (e)  In issuing bonds payable wholly or partially from
   9-20  district revenue, the board may provide in the  order authorizing
   9-21  the issuance of the bonds for later issues of additional parity
   9-22  bonds, subordinate lien bonds, or other bonds.  The additional
   9-23  bonds may be issued only under the terms and conditions provided in
   9-24  the order.
   9-25        SECTION 12.  BOND PROCEEDS.  (a)  Bond proceeds may be used
   9-26  to pay:
   9-27              (1)  interest on the bonds during construction of
   10-1  facilities financed by the bond proceeds; and
   10-2              (2)  operation and maintenance expenses for the
   10-3  facilities financed by the bond proceeds for the period provided in
   10-4  the resolution authorizing the issuance of the bonds.
   10-5        (b)  The board may invest and reinvest district money held in
   10-6  an interest, sinking, reserve, or other fund established in a board
   10-7  order authorizing the issuance of bonds in any manner or in any
   10-8  securities as provided in the order.
   10-9        SECTION 13.  LIMITATION ON TAX BONDS OUTSTANDING.  The total
  10-10  value of outstanding bonds payable from ad valorem taxes may not
  10-11  exceed seven percent of the assessed value of taxable property in
  10-12  the district, according to the most recently completed and approved
  10-13  tax rolls of the district.
  10-14        SECTION 14.  SALE OR EXCHANGE OF BONDS.  The district shall
  10-15  sell district bonds at the best possible price and on the best
  10-16  terms.  The district may exchange bonds for property acquired by
  10-17  purchase or in payment of the contract price of work for the use or
  10-18  benefit of the district.
  10-19        SECTION 15.  BOND APPROVAL.  (a) The district shall submit
  10-20  all bonds authorized to be issued to the attorney general for
  10-21  examination.  If the attorney general finds that the bonds have
  10-22  been issued in accordance with law, the attorney general shall
  10-23  approve the bonds and the comptroller shall register the bonds.  On
  10-24  approval and registration the bonds are incontestable in any court
  10-25  or other forum for any reason and are valid and binding obligations
  10-26  in accordance with the terms and purposes of the bonds.
  10-27        (b)  If bonds payable from district revenues are secured by a
   11-1  pledge of the proceeds of a contract or lease between the district
   11-2  and another party, a copy of the contract or lease may be submitted
   11-3  to the attorney general under Subsection (a) of this section along
   11-4  with the bond records.  If the contract or lease is submitted under
   11-5  this subsection and the bonds are approved by the attorney general,
   11-6  the contract or lease is incontestable in any court or other forum.
   11-7        SECTION 16.  REFUNDING BONDS.  (a) The board may issue
   11-8  refunding bonds to refund or refinance all or part of the
   11-9  district's outstanding bonds or matured and unpaid interest
  11-10  coupons.
  11-11        (b)  The refunding bonds must be payable from the same source
  11-12  as the bonds being refunded.
  11-13        (c)  The district is not required to hold an election before
  11-14  issuing refunding bonds under this section.
  11-15        SECTION 17.  BONDS AS INVESTMENTS; PAID BONDS.  (a) When
  11-16  accompanied by all unmatured interest coupons appurtenant to the
  11-17  bond and to the extent of the market value of the bond, a bond
  11-18  issued by the district is a legal and authorized investment for a
  11-19  bank, trust company, building and loan association, savings and
  11-20  loan association, insurance company, fiduciary, trustee, interest
  11-21  and sinking fund, or public fund of the state or of an agency,
  11-22  subdivision, or instrumentality of the state.
  11-23        (b)  District bonds and coupons, when paid, shall be
  11-24  delivered to the board for cancellation and destruction.
  11-25        SECTION 18.  TAX TO PAY BONDS.  The district may, with voter
  11-26  approval, levy and collect a tax to meet the requirements of the
  11-27  district's bonds.
   12-1        SECTION 19.  MAINTENANCE TAX.  (a) The district may levy and
   12-2  collect a maintenance tax to pay for:
   12-3              (1)  services, professional fees, organization, or
   12-4  administrative expenses;
   12-5              (2)  the planning, maintenance, repair, or operation of
   12-6  or additions to the district's property, facilities, or
   12-7  improvements; or
   12-8              (3)  other expenses incurred by the district.
   12-9        (b)  The district's maintenance tax must be approved by the
  12-10  voters.  To authorize or increase the maintenance tax, the board
  12-11  must call and hold an election for the voters residing in the
  12-12  district to vote for or against the proposition:  "To authorize the
  12-13  district to levy and collect a maintenance tax in the amount of
  12-14  _____."  The election shall be called and held in the manner
  12-15  provided by Section 11 of this Act.
  12-16        (c)  The board may levy, assess, and collect an approved
  12-17  maintenance tax in the same manner as other taxes.
  12-18        (d)  A tax approved by election may be levied, assessed, and
  12-19  collected until the tax is disapproved at another election held for
  12-20  that purpose.  The district may not hold an election to repeal or
  12-21  reduce the maintenance tax more than once in a 5-year period.
  12-22        SECTION 20.  TAX ASSESSOR AND COLLECTOR.  (a) The tax
  12-23  assessor and collector of Brazoria County shall serve, ex officio,
  12-24  as the tax assessor and collector of the district.  In assessing
  12-25  and collecting taxes, the tax assessor and collector has the same
  12-26  powers and is governed by the same rules and proceedings as
  12-27  provided for the collection of state and county taxes, except as
   13-1  provided by this Act.
   13-2        (b)  The blanks used by the assessor and collector to accept
   13-3  rendition of property for taxation by Brazoria County shall be
   13-4  printed to show that the rendition of property in the district is
   13-5  also made for the benefit of the district.  The property in the
   13-6  district shall be clearly indicated on the tax rolls in the office
   13-7  of the assessor and collector.  The value of properties in the
   13-8  district, as equalized by the board of equalization of Brazoria
   13-9  County or its successor and finally approved by the Brazoria County
  13-10  Commissioners Court, constitutes the assessed value of the
  13-11  properties for district taxes.  Before the 6th day after the date
  13-12  the Brazoria County Commissioners Court approves the report of the
  13-13  board of equalization, the assessor and collector shall certify to
  13-14  the board the total assessed value of the property in the district
  13-15  according to the approved tax rolls.
  13-16        (c)  After deductions, the taxes collected shall be deposited
  13-17  in the district's depository.
  13-18        (d)  The assessor and collector may charge and deduct from
  13-19  all taxes collected on the current year's tax roll an amount for
  13-20  services as specified by the board.
  13-21        SECTION 21.  TAX LIEN.  (a) Taxes authorized by this Act
  13-22  constitute a lien on property assessed for the taxes.
  13-23        (b)  The tax assessor and collector shall make a certified
  13-24  list of all property on which taxes levied by the district are due
  13-25  but remain unpaid.  The assessor and collector shall provide the
  13-26  list to the Brazoria County Commissioners Court and the
  13-27  commissioners court shall collect the taxes by the sale of the
   14-1  property in the manner provided for the sale of property for
   14-2  collection of state and county taxes.
   14-3        (c)  The district may purchase any property sold for the
   14-4  benefit of the district.
   14-5        SECTION 22.  REPEALER.  The following are repealed:
   14-6              (1)  Sections 4, 7, and 7A, Chapter 7, Acts of the 41st
   14-7  Legislature, 1st Called Session, 1929; and
   14-8              (2)  Chapter 8, Acts of the 67th Legislature, 1st
   14-9  Called Session, 1981.
  14-10        SECTION 23.  SEVERABILITY.  If any provision of this Act or
  14-11  its application to any person or circumstance is held invalid, the
  14-12  invalidity does not affect other provisions or applications of this
  14-13  Act that may be given effect without the invalid provision or
  14-14  application, and to this end the provisions of this Act are
  14-15  declared to be severable.
  14-16        SECTION 24.  EMERGENCY.  The importance of this legislation
  14-17  and the crowded condition of the calendars in both houses create an
  14-18  emergency and an imperative public necessity that the
  14-19  constitutional rule requiring bills to be read on three several
  14-20  days in each house be suspended, and this rule is hereby suspended,
  14-21  and that this Act take effect and be in force from and after its
  14-22  passage, and it is so enacted.