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 * * * * *