1-1 By: Harris (Senate Sponsor - Brown) H.B. No. 3231
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 18, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 24, 1995, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 24, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the Brazoria County Drainage District Number 4; the
1-9 powers and duties of the district; the election, terms, and
1-10 compensation of district commissioners; filling vacant positions on
1-11 the district board of commissioners; changing the name of the
1-12 district; authorizing the issuance of bonds and imposition of a
1-13 tax; and granting the power of eminent domain.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. NAME OF DISTRICT. On and after the effective
1-16 date of this Act, the Brazoria County Drainage District Number Four
1-17 created by order of the Brazoria County Commissioners Court on or
1-18 about June 28, 1910, shall be known as "Brazoria Drainage District
1-19 Number Four."
1-20 SECTION 2. DEFINITIONS. In this Act:
1-21 (1) "Board" means the board of commissioners of the
1-22 district.
1-23 (2) "District" means the Brazoria Drainage District
1-24 Number Four.
1-25 SECTION 3. SEAL. The board shall adopt a seal for the
1-26 district.
1-27 SECTION 4. GENERAL POWERS AND DUTIES. (a) The district has
1-28 all of the powers of a conservation and reclamation district
1-29 created under Section 52, Article III, or Section 59, Article XVI,
1-30 Texas Constitution, and governed by Chapters 50 and 56, Water Code,
1-31 and those powers necessary or convenient for the drainage and
1-32 reclamation of land in the district, except as provided by this
1-33 Act.
1-34 (b) The district may construct, complete, carry out,
1-35 maintain, add to, or rebuild any work or improvement in or outside
1-36 of the district necessary to accomplish the district's functions or
1-37 to exercise the district's authority. The district may enter any
1-38 necessary contract, employ any person, or take any action necessary
1-39 to accomplish a district purpose.
1-40 (c) The district shall comply with Section 50.061, Water
1-41 Code, in making a contract for an improvement.
1-42 (d) The board may adopt and the district may enforce rules
1-43 necessary to facilitate the provision of district facilities or
1-44 services including setting and collecting charges, fees, or
1-45 rentals. In accordance with district rules, the district may
1-46 discontinue a facility or service to prevent an abuse or to enforce
1-47 payment of a charge, fee, or rental that is due and unpaid.
1-48 (e) The board by rule may require a deposit for a service to
1-49 be provided by the district. The rules may provide for payment of
1-50 interest on a deposit.
1-51 (f) The district shall maintain an office in accordance with
1-52 Section 50.057, Water Code.
1-53 (g) The district shall preserve district records and keep
1-54 the district's records and minutes in accordance with Sections
1-55 50.029 and 50.054, Water Code.
1-56 (h) The district may employ or retain necessary employees or
1-57 professional consultants for the proper operation of the district
1-58 including a general manager, attorneys, bookkeepers, or engineers.
1-59 (i) The board is responsible for all money and funds of the
1-60 district. It is not the duty of the county judge of Brazoria
1-61 County to countersign a warrant or check of the district. It is
1-62 not the duty of the county treasurer or the county auditor of
1-63 Brazoria County to perform any service for the district.
1-64 SECTION 5. ACQUISITION, LEASE, AND DISPOSAL OF PROPERTY.
1-65 (a) The district may acquire or lease any property inside or
1-66 outside of the district necessary to accomplish a district purpose,
1-67 including lands, materials, barren or waste grounds, water rights,
1-68 easements, and rights-of-way.
2-1 (b) The district may acquire property by purchase, gift, or
2-2 condemnation.
2-3 (c) The district may condemn fee simple title to or an
2-4 easement on real property, as necessary to accomplish a district
2-5 purpose. The district may condemn property only as provided by
2-6 Chapter 21, Property Code, except that the district is not required
2-7 to give bond or make a deposit for appeal or costs in a
2-8 condemnation suit.
2-9 (d) As the board considers favorable to the district, the
2-10 district by public sale may dispose of property that the board
2-11 finds is not necessary for the district to carry out a district
2-12 function.
2-13 SECTION 6. COSTS OF CERTAIN ALTERATIONS. If the district
2-14 acquires an interest in property that requires the relocation,
2-15 raising, rerouting, changing the grade of, or altering the
2-16 construction of a highway, railroad, electric transmission line,
2-17 telegraph or telephone property or facility, irrigation canal or
2-18 lateral, or pipeline, the district shall pay the cost of the action
2-19 so as to provide a comparable replacement, less the salvage value,
2-20 of the replaced facilities.
2-21 SECTION 7. ELECTION AND TERMS OF COMMISSIONERS; VACANCY.
2-22 (a) The district is managed by a board of three commissioners as
2-23 provided by Chapter 56, Water Code, and each holds an elected
2-24 office designated as Place No. 1, Place No. 2, or Place No. 3. The
2-25 board shall call and hold elections for the appropriate number of
2-26 commissioners on the uniform election date in November of each
2-27 even-numbered year. Notwithstanding Section 56.063, Water Code,
2-28 the commissioners serve staggered four-year terms, each beginning
2-29 January 1 of the year following the commissioner's election and
2-30 continuing until the commissioner's successor in office is elected
2-31 and has qualified.
2-32 (b) Except as provided by this section, and in addition to
2-33 the qualifications provided by Section 56.062, Water Code, a
2-34 candidate for a commissioner's office must have the candidate's
2-35 name printed on the general election ballot in the same manner as a
2-36 candidate for other county offices, either by becoming the nominee
2-37 of a political party or by filing as an independent candidate,
2-38 under the same procedures as a candidate for a precinct office.
2-39 (c) A candidate for nomination to a commissioner's office in
2-40 a primary election must include with the candidate's application a
2-41 filing fee of $50 or a petition of voters meeting the requirements
2-42 of a petition for a precinct office. The application of an
2-43 independent candidate for a commissioner's office must be:
2-44 (1) filed with the county judge of Brazoria County;
2-45 and
2-46 (2) signed by the lesser of:
2-47 (A) a number of qualified voters of the district
2-48 equal to five percent of the total number of votes cast for all
2-49 candidates for that commissioner's office in the last preceding
2-50 general election; or
2-51 (B) 500 qualified voters of the district.
2-52 (d) If a vacancy occurs in the nomination of a political
2-53 party for a commissioner's office, the executive committee of the
2-54 party for the district may name a candidate to fill the vacancy in
2-55 the manner provided by Subchapter B, Chapter 145, Election Code,
2-56 for filling other vacancies in nominations. For purposes of this
2-57 subsection, the executive committee of a political party is
2-58 composed of the precinct chairmen of the county election precincts
2-59 that are wholly or partly in the district.
2-60 (e) At the discretion of the authority responsible for
2-61 providing supplies for the primary or general election, a
2-62 commissioner's office may be listed on a separate ballot provided
2-63 along with the regular ballot to the voters entitled to vote on the
2-64 office. If the voting is conducted by voting machines or an
2-65 electronic voting system, a separate paper ballot may be used for
2-66 voting on a commissioner's office. If a commissioner's office is
2-67 listed on the regular ballot, the office shall be listed after the
2-68 precinct offices. A ballot including a commissioner's office may
2-69 not be provided to a voter ineligible to vote on the offices. If
2-70 some of the voters at a polling place are not entitled to vote on a
3-1 commissioner's office, the poll list shall be kept in a manner that
3-2 indicates those voters who are provided a ballot containing a
3-3 commissioner's office.
3-4 (f) A vacancy in a commissioner's office or other board
3-5 office shall be filled by appointment by the remaining
3-6 commissioners if less than 290 days remain before the date of the
3-7 next regular election of one or more commissioners. If the
3-8 commissioners do not agree on an appointment before the 61st day
3-9 after the date the vacancy occurs, the commissioners shall call and
3-10 hold a special election to fill the office before the 121st day
3-11 after the date the vacancy occurs.
3-12 (g) If for any reason the number of commissioners is fewer
3-13 than two, the Brazoria County Commissioners Court shall appoint one
3-14 or two commissioners so that there are two commissioners serving.
3-15 The commissioners court shall make the appointments to fill the
3-16 shortest unexpired term among the vacant offices. The remaining
3-17 vacancy shall be filled by special election as provided by
3-18 Subchapter C, Chapter 201, Election Code.
3-19 (h) If a vacancy occurs in a commissioner's office and more
3-20 than 290 days remain before the date of the next regular election
3-21 of one or more commissioners, the remaining commissioners shall
3-22 order a special election to fill the office. The special election
3-23 must be held on the first uniform election date that occurs before
3-24 the next regular election of commissioners and that allows
3-25 sufficient time to hold the election in the manner required by law.
3-26 The election shall be conducted in the same manner as the regular
3-27 election of commissioners except as provided by Subchapter C,
3-28 Chapter 201, Election Code.
3-29 (i) Notwithstanding Subsection (a) of this section, for the
3-30 election held on the uniform election date in November 1996, a
3-31 commissioner shall be elected to Place No. 1 and to Place No. 2
3-32 with each to serve a four-year term, and a commissioner shall be
3-33 elected to Place No. 3 to serve a two-year term.
3-34 SECTION 8. ORGANIZATION OF THE BOARD; QUORUM. (a) The board
3-35 shall organize by electing one commissioner as presiding officer
3-36 and one commissioner as secretary.
3-37 (b) The secretary serves as presiding officer in the absence
3-38 of the elected presiding officer.
3-39 (c) Two commissioners constitute a quorum. An affirmative
3-40 vote of two commissioners is required for the board to act.
3-41 SECTION 9. COMPENSATION AND PER DIEM OF COMMISSIONERS. (a)
3-42 Notwithstanding provisions found elsewhere in this Act, the salary
3-43 of a commissioner shall be set at $25 per day. It is further
3-44 provided that a commissioner shall receive a per diem of $7.50.
3-45 (b) Section 56.067, Water Code, does not apply to the board.
3-46 SECTION 10. PERFORMANCE BONDS. (a) Each officer, agent, or
3-47 employee of the district charged with the collection, custody, or
3-48 payment of money or funds of the district shall provide a bond
3-49 conditioned on the faithful performance of the duties of the
3-50 officer, agent, or employee and on a true accounting of all funds
3-51 and property of the district. The bond must be in the amount set
3-52 by the board and approved by the board.
3-53 (b) The district shall pay the premiums for all bonds
3-54 required of an officer, agent, or employee of the district.
3-55 SECTION 11. ISSUANCE OF BONDS; ORDER AND ELECTION. (a) The
3-56 district may issue bonds in various series or issues for any
3-57 district purpose. The board may provide for the bonds to be paid:
3-58 (1) from an ad valorem tax on all taxable property in
3-59 the district; or
3-60 (2) by entering into a contract for the pledge of
3-61 revenue derived from the operation of district facilities.
3-62 (b) For the purpose of securing payment of a bond issue, the
3-63 district may mortgage or encumber any part of:
3-64 (1) a district property or facility; or
3-65 (2) the franchise, revenue, or income from the
3-66 operation of a district property or facility.
3-67 (c) District bonds payable solely from district revenues may
3-68 be issued by order of the board. The board may not issue a bond
3-69 payable in any part from ad valorem taxes unless the bond and tax
3-70 are approved by the resident voters of the district at an election
4-1 called by the board for that purpose. The board shall conduct and
4-2 canvass the election. Notice of the election must be given by
4-3 publication of notice once in a newspaper of general circulation in
4-4 Brazoria County on or before the 10th day before the election is
4-5 held. The notice must contain the proposition to be voted on, an
4-6 estimate of the probable cost of the purchase of property or
4-7 improvements, if any, and of the construction of improvements or
4-8 additions to improvements. The board may include all or part of
4-9 the facilities or improvements to be acquired with the bond
4-10 proceeds in a single proposition or in several propositions. This
4-11 section does not apply to refunding bonds.
4-12 (d) At an election to authorize bonds payable wholly from ad
4-13 valorem taxes, for each proposition submitted, the ballots must be
4-14 printed to provide for voting for or against the proposition: "The
4-15 issuance of bonds and the levy of taxes to pay the bonds." At an
4-16 election to authorize bonds payable partially from ad valorem
4-17 taxes, for each proposition submitted, the ballots must be printed
4-18 to provide for voting for or against the proposition: "The
4-19 issuance of bonds and the pledge of net revenues and the levy of ad
4-20 valorem taxes to pay the bonds." Separate propositions for tax
4-21 bonds and for combination revenue and tax bonds may be submitted at
4-22 the same election.
4-23 (e) In issuing bonds payable wholly or partially from
4-24 district revenue, the board may provide in the order authorizing
4-25 the issuance of the bonds for later issues of additional parity
4-26 bonds, subordinate lien bonds, or other bonds. The additional
4-27 bonds may be issued only under the terms and conditions provided in
4-28 the order.
4-29 SECTION 12. BOND PROCEEDS. (a) Bond proceeds may be used
4-30 to pay:
4-31 (1) interest on the bonds during construction of
4-32 facilities financed by the bond proceeds; and
4-33 (2) operation and maintenance expenses for the
4-34 facilities financed by the bond proceeds for the period provided in
4-35 the resolution authorizing the issuance of the bonds.
4-36 (b) The board may invest and reinvest district money held in
4-37 an interest, sinking, reserve, or other fund established in a board
4-38 order authorizing the issuance of bonds in any manner or in any
4-39 securities as provided in the order.
4-40 SECTION 13. LIMITATION ON TAX BONDS OUTSTANDING. The total
4-41 value of outstanding bonds payable from ad valorem taxes may not
4-42 exceed seven percent of the assessed value of taxable property in
4-43 the district, according to the most recently completed and approved
4-44 tax rolls of the district.
4-45 SECTION 14. SALE OR EXCHANGE OF BONDS. The district shall
4-46 sell district bonds at the best possible price and on the best
4-47 terms. The district may exchange bonds for property acquired by
4-48 purchase or in payment of the contract price of work for the use or
4-49 benefit of the district.
4-50 SECTION 15. BOND APPROVAL. (a) The district shall submit
4-51 all bonds authorized to be issued to the attorney general for
4-52 examination. If the attorney general finds that the bonds have
4-53 been issued in accordance with law, the attorney general shall
4-54 approve the bonds and the comptroller shall register the bonds. On
4-55 approval and registration the bonds are incontestable in any court
4-56 or other forum for any reason and are valid and binding obligations
4-57 in accordance with the terms and purposes of the bonds.
4-58 (b) If bonds payable from district revenues are secured by a
4-59 pledge of the proceeds of a contract or lease between the district
4-60 and another party, a copy of the contract or lease may be submitted
4-61 to the attorney general under Subsection (a) of this section along
4-62 with the bond records. If the contract or lease is submitted under
4-63 this subsection and the bonds are approved by the attorney general,
4-64 the contract or lease is incontestable in any court or other forum.
4-65 SECTION 16. REFUNDING BONDS. (a) The board may issue
4-66 refunding bonds to refund or refinance all or part of the
4-67 district's outstanding bonds or matured and unpaid interest
4-68 coupons.
4-69 (b) The refunding bonds must be payable from the same source
4-70 as the bonds being refunded.
5-1 (c) The district is not required to hold an election before
5-2 issuing refunding bonds under this section.
5-3 SECTION 17. BONDS AS INVESTMENTS; PAID BONDS. (a) When
5-4 accompanied by all unmatured interest coupons appurtenant to the
5-5 bond and to the extent of the market value of the bond, a bond
5-6 issued by the district is a legal and authorized investment for a
5-7 bank, trust company, building and loan association, savings and
5-8 loan association, insurance company, fiduciary, trustee, interest
5-9 and sinking fund, or public fund of the state or of an agency,
5-10 subdivision, or instrumentality of the state.
5-11 (b) District bonds and coupons, when paid, shall be
5-12 delivered to the board for cancellation and destruction.
5-13 SECTION 18. TAX TO PAY BONDS. The district may, with voter
5-14 approval, levy and collect a tax to meet the requirements of the
5-15 district's bonds.
5-16 SECTION 19. MAINTENANCE TAX. (a) The district may levy and
5-17 collect a maintenance tax to pay for:
5-18 (1) services, professional fees, organization, or
5-19 administrative expenses;
5-20 (2) the planning, maintenance, repair, or operation of
5-21 or additions to the district's property, facilities, or
5-22 improvements; or
5-23 (3) other expenses incurred by the district.
5-24 (b) The district's maintenance tax must be approved by the
5-25 voters. To authorize or increase the maintenance tax, the board
5-26 must call and hold an election for the voters residing in the
5-27 district to vote for or against the proposition: "To authorize the
5-28 district to levy and collect a maintenance tax in the amount of
5-29 _____." The election shall be called and held in the manner
5-30 provided by Section 11 of this Act.
5-31 (c) The board may levy, assess, and collect an approved
5-32 maintenance tax in the same manner as other taxes.
5-33 (d) A tax approved by election may be levied, assessed, and
5-34 collected until the tax is disapproved at another election held for
5-35 that purpose. The district may not hold an election to repeal or
5-36 reduce the maintenance tax more than once in a 5-year period.
5-37 SECTION 20. TAX ASSESSOR AND COLLECTOR. (a) The tax
5-38 assessor and collector of Brazoria County shall serve, ex officio,
5-39 as the tax assessor and collector of the district. In assessing
5-40 and collecting taxes, the tax assessor and collector has the same
5-41 powers and is governed by the same rules and proceedings as
5-42 provided for the collection of state and county taxes, except as
5-43 provided by this Act.
5-44 (b) The blanks used by the assessor and collector to accept
5-45 rendition of property for taxation by Brazoria County shall be
5-46 printed to show that the rendition of property in the district is
5-47 also made for the benefit of the district. The property in the
5-48 district shall be clearly indicated on the tax rolls in the office
5-49 of the assessor and collector. The value of properties in the
5-50 district, as equalized by the board of equalization of Brazoria
5-51 County or its successor and finally approved by the Brazoria County
5-52 Commissioners Court, constitutes the assessed value of the
5-53 properties for district taxes. Before the 6th day after the date
5-54 the Brazoria County Commissioners Court approves the report of the
5-55 board of equalization, the assessor and collector shall certify to
5-56 the board the total assessed value of the property in the district
5-57 according to the approved tax rolls.
5-58 (c) After deductions, the taxes collected shall be deposited
5-59 in the district's depository.
5-60 (d) The assessor and collector may charge and deduct from
5-61 all taxes collected on the current year's tax roll an amount for
5-62 services as specified by the board.
5-63 SECTION 21. TAX LIEN. (a) Taxes authorized by this Act
5-64 constitute a lien on property assessed for the taxes.
5-65 (b) The tax assessor and collector shall make a certified
5-66 list of all property on which taxes levied by the district are due
5-67 but remain unpaid. The assessor and collector shall provide the
5-68 list to the Brazoria County Commissioners Court and the
5-69 commissioners court shall collect the taxes by the sale of the
5-70 property in the manner provided for the sale of property for
6-1 collection of state and county taxes.
6-2 (c) The district may purchase any property sold for the
6-3 benefit of the district.
6-4 SECTION 22. REPEALER. The following are repealed:
6-5 (1) Sections 4, 7, and 7A, Chapter 7, Acts of the 41st
6-6 Legislature, 1st Called Session, 1929; and
6-7 (2) Chapter 8, Acts of the 67th Legislature, 1st
6-8 Called Session, 1981.
6-9 SECTION 23. SEVERABILITY. If any provision of this Act or
6-10 its application to any person or circumstance is held invalid, the
6-11 invalidity does not affect other provisions or applications of this
6-12 Act that may be given effect without the invalid provision or
6-13 application, and to this end the provisions of this Act are
6-14 declared to be severable.
6-15 SECTION 24. EMERGENCY. The importance of this legislation
6-16 and the crowded condition of the calendars in both houses create an
6-17 emergency and an imperative public necessity that the
6-18 constitutional rule requiring bills to be read on three several
6-19 days in each house be suspended, and this rule is hereby suspended,
6-20 and that this Act take effect and be in force from and after its
6-21 passage, and it is so enacted.
6-22 * * * * *