1-1 By: Brown S.B. No. 740
1-2 (In the Senate - Filed February 23, 1995; February 27, 1995,
1-3 read first time and referred to Committee on Natural Resources;
1-4 April 18, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 18, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 740 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the operation and management of certain conservation
1-11 and reclamation districts; providing penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter B, Chapter 50, Water Code, is amended
1-14 by adding Sections 50.0243 and 50.027 to read as follows:
1-15 Sec. 50.0243. COMMON ELECTIONS. (a) Two or more districts
1-16 may designate a common election office and common early and regular
1-17 polling places for the election of the districts' directors if:
1-18 (1) the districts are located in the same county;
1-19 (2) substantially all of the property in the districts
1-20 has been or is being developed as part of a single community
1-21 development plan; and
1-22 (3) the districts are served by common water supply
1-23 and wastewater systems.
1-24 (b) A common election office and common early and regular
1-25 polling places designated under this section must:
1-26 (1) be in buildings open to the public;
1-27 (2) be in at least one of the districts; and
1-28 (3) meet the requirements of the Election Code and
1-29 other general law applicable to polling places.
1-30 (c) Common early and regular polling places designated under
1-31 this section must be located not farther than five miles from any
1-32 territory contained in any of the districts.
1-33 (d) Districts that designate a common election office and
1-34 common early and regular polling places under this section may
1-35 designate a common election officer and common early and regular
1-36 voting officials for commonly held elections of directors. The
1-37 designated officer and officials must be qualified voters residing
1-38 in at least one of the districts and may be nonelective employees
1-39 of one or more of the districts.
1-40 Sec. 50.027. REMOVAL OF MEMBERS OF GOVERNING BOARDS. (a) A
1-41 governing board of a district may remove a board member by
1-42 unanimous vote of the other board members if the member has missed
1-43 one-half or more of the board's regular meetings during the
1-44 preceding 12 months. A board must provide written notice of the
1-45 removal to the removed member.
1-46 (b) A board member removed under this section may appeal the
1-47 removal in writing to the commission not later than the 30th day
1-48 after receipt of written notice of the removal. The commission may
1-49 reinstate the member if the commission finds that the removal was
1-50 without good cause. In determining good cause the commission may
1-51 consider the circumstances, including the member's reasons for
1-52 absences, times and places of meetings missed, business conducted
1-53 at meetings missed, and other relevant matters.
1-54 (c) The office of a member removed under this section
1-55 becomes vacant when:
1-56 (1) the time for appeal under Subsection (b) has
1-57 expired and an appeal has not been filed; or
1-58 (2) the commission issues an order upholding the
1-59 removal.
1-60 SECTION 2. Subchapter C, Chapter 50, Water Code, is amended
1-61 by adding Sections 50.065 and 50.066 to read as follows:
1-62 Sec. 50.065. SALE OR EXCHANGE OF SURPLUS PROPERTY. (a) In
1-63 this section, "surplus property" means personal property or an
1-64 interest in land owned by a district that is not needed by the
1-65 district.
1-66 (b) A district may, with board approval:
1-67 (1) sell surplus property by public or private sale;
1-68 or
2-1 (2) exchange surplus property for property needed by
2-2 the district with a comparable fair market value, as determined by
2-3 the board.
2-4 (c) As authorized by the board, a district may, without
2-5 receiving compensation, abandon surplus property that was acquired
2-6 by or dedicated to the district at no cost to the district or
2-7 release surplus property that was acquired by or dedicated to the
2-8 district at no cost to the district to the person who provided the
2-9 surplus property to the district, or to the person's successors.
2-10 (d) As authorized by the board, a district may transfer
2-11 surplus property to or exchange surplus property with another
2-12 district, municipality, county, countywide agency, or authority on
2-13 terms and under conditions the board considers necessary or
2-14 advantageous.
2-15 (e) A district may, with board approval, transfer, abandon,
2-16 or release small portions of surplus property that are included in
2-17 boundary or surveying conflicts, minor encroachments by abutting
2-18 property owners, or similar areas to the abutting property owner,
2-19 or exchange those small portions with the abutting property owner,
2-20 under conditions the board considers necessary or advantageous.
2-21 (f) A district must publish advance notice of a private or
2-22 public sale under Subsection (b) once each week for two consecutive
2-23 weeks in one or more newspapers with general circulation in the
2-24 district.
2-25 (g) A district shall apply proceeds from a private or public
2-26 sale under Subsection (b) to outstanding district bonds secured by
2-27 a pledge of tax revenues if required by the district's applicable
2-28 bond resolutions. A district may use proceeds for any purpose if
2-29 the district has no outstanding bonds to which the district must
2-30 apply proceeds under this subsection.
2-31 (h) Section 272.001, Local Government Code, does not apply
2-32 to a district's disposition of surplus property under Subsection
2-33 (c), (d), or (e).
2-34 Sec. 50.066. LABORATORY SERVICES. A district may contract
2-35 with any person, within or without the boundaries of the district,
2-36 to provide or receive laboratory services related to environmental
2-37 health or drinking water testing.
2-38 SECTION 3. Subsection (a), Section 50.107, Water Code, is
2-39 amended to read as follows:
2-40 (a) Notwithstanding any other law to the contrary, a
2-41 district created under Article XVI, Section 59, of the Texas
2-42 Constitution, the boundaries of which include less than the total
2-43 area of one county, may not issue bonds that will be paid wholly or
2-44 partially by taxes levied by the district unless the commission
2-45 determines that the project to be financed by the bonds is feasible
2-46 and issues an order approving the bonds. This section does not
2-47 apply to refunding bonds or bonds issued to and approved by the
2-48 Farmers Home Administration, the United States Department of
2-49 Agriculture, or the Texas Water Development Board.
2-50 SECTION 4. Section 51.080, Water Code, is amended to read as
2-51 follows:
2-52 Sec. 51.080. Compensation of Directors. (a) A director is
2-53 entitled to receive fees of office <compensation> of not more than
2-54 $100 <$50 a day> for each day the director <he> actually spends
2-55 performing the <his> duties of <as> a director. The<, but the>
2-56 fees of office may <shall> not exceed $500 in <be more than $200
2-57 for> any one month regardless of the number of days spent in
2-58 service of the district during that month.
2-59 (b) A director may receive, with the board's approval,
2-60 reimbursement of actual expenses reasonably incurred while serving
2-61 the district.
2-62 (c) Before a director may receive compensation for <his>
2-63 services or reimbursement for travel or other expenses incurred
2-64 while serving the district, the director must <he shall> file with
2-65 the secretary a signed <verified> statement showing the number of
2-66 days actually spent in the service of the district, actual expenses
2-67 incurred, and a general description of duties performed during each
2-68 day of service<. The statement shall be filed on the last day of
2-69 the month, or as soon after that time as possible>.
2-70 SECTION 5. Subsection (a), Section 51.131, Water Code, is
3-1 amended to read as follows:
3-2 (a) The board may set reasonable penalties for the breach of
3-3 any regulation of the district, which shall not exceed fines of
3-4 more than $1,000 <$200> or imprisonment for more than 30 days or
3-5 both.
3-6 SECTION 6. Section 51.360, Water Code, is amended to read as
3-7 follows:
3-8 Sec. 51.360. OPERATION AND MAINTENANCE TAX. (a) A district
3-9 may levy and collect a tax for operation and maintenance purposes,
3-10 including funds for planning, constructing, acquiring, maintaining,
3-11 repairing, and operating all necessary land, plants, works
3-12 <properties>, facilities, <and> improvements, appliances, and
3-13 equipment of the district and for paying costs of proper services,
3-14 engineering and legal fees, and organization and administrative
3-15 expenses.
3-16 (b) An operation and <A> maintenance tax may not be levied
3-17 by a district until it is approved by a majority of the electors
3-18 voting at an election held for that purpose.
3-19 (c) A district may use money from the district's operation
3-20 and maintenance tax revenue to reimburse a developer of property in
3-21 the district, as defined by Section 50.026, or the developer's
3-22 assigns for planning, construction, or acquisition of facilities
3-23 only after the executive director approves the reimbursement.
3-24 SECTION 7. Section 53.070, Water Code, is amended to read as
3-25 follows:
3-26 Sec. 53.070. Supervisor's Compensation. (a) A supervisor
3-27 is entitled to receive fees of office of <for his services> not
3-28 more than $100 <$50> for each day the supervisor <he> actually
3-29 spends performing the duties of a supervisor. The fees of office
3-30 may not exceed $500 in any one month regardless of the number of
3-31 days spent in service of the district during that month <engages in
3-32 the work of the district>.
3-33 (b) A supervisor may receive, with the board's approval,
3-34 reimbursement of actual expenses reasonably incurred while serving
3-35 the district.
3-36 (c) Before a supervisor may receive compensation for <his>
3-37 services or reimbursement for travel or other expenses incurred
3-38 while serving the district, the supervisor must file with the
3-39 secretary <he must submit> a signed statement showing the number of
3-40 days actually spent in the service of the district, actual expenses
3-41 incurred, and a general description of duties performed during each
3-42 day of service <of his services similar to the one required by
3-43 Section 55.111(b) of this code>.
3-44 SECTION 8. Subsection (b), Section 53.122, Water Code, is
3-45 amended to read as follows:
3-46 (b) The board may set a reasonable penalty for violating any
3-47 rule authorized by Subsection (a) of this section, within these
3-48 limits:
3-49 (1) a fine of not more than $1,000 <$200>;
3-50 (2) confinement in the county jail for not more than
3-51 30 days; or
3-52 (3) both the fine and the jail sentence.
3-53 SECTION 9. Section 54.114, Water Code, is amended to read as
3-54 follows:
3-55 Sec. 54.114. Fees of Office. (a) A director is <The
3-56 directors are> entitled to receive <as> fees of office of not more
3-57 than $100 <$50 a day> for each day the director actually spends
3-58 performing the duties of a director <of service necessary to
3-59 discharge their duties>. The fees of office may <shall> not exceed
3-60 $500 <the sum of $200> in any one month regardless of the number of
3-61 days spent in service of the district <of necessary service> during
3-62 that month.
3-63 (b) A director may receive, with the board's approval,
3-64 reimbursement of actual expenses reasonably incurred while serving
3-65 the district.
3-66 (c) Before a director may receive compensation for services
3-67 or reimbursement for travel or other expenses incurred while
3-68 serving the district, the director must file with the secretary a
3-69 signed statement showing the number of days actually spent in the
3-70 service of the district, actual expenses incurred, and a general
4-1 description of duties performed during each day of service <Upon
4-2 approval by the board, a director may be reimbursed for travel or
4-3 other expenses incurred on behalf of the district upon presentation
4-4 of a verified statement>.
4-5 SECTION 10. Subsection (a), Section 54.209, Water Code, is
4-6 amended to read as follows:
4-7 (a) The board may set reasonable penalties for the breach of
4-8 any rule of the district, which shall not exceed fines of more than
4-9 $1,000 <$200> or imprisonment for more than 30 days or both.
4-10 SECTION 11. Section 54.311, Water Code, is amended to read
4-11 as follows:
4-12 Sec. 54.311. OPERATION AND MAINTENANCE TAX. (a) A district
4-13 may levy and collect a tax for operation and maintenance purposes,
4-14 including funds for planning, constructing, acquiring, maintaining,
4-15 repairing, and operating all necessary land, plants, works,
4-16 facilities, improvements, appliances, and equipment of the district
4-17 and for paying costs of proper services, engineering, and legal
4-18 fees, and organization and administrative expenses.
4-19 (b) An operation and <A> maintenance tax may not be levied
4-20 by a district until it is approved by a majority of the electors
4-21 voting at an election held for that purpose.
4-22 (c) A district may use operation and maintenance tax revenue
4-23 for any purpose if the money is not needed for the purposes for
4-24 which it was collected.
4-25 (d) A district may use money from the district's operation
4-26 and maintenance tax revenue to reimburse a developer of property in
4-27 the district, as defined by Section 50.026, or the developer's
4-28 assigns for planning, construction, or acquisition of facilities
4-29 only after the executive director approves the reimbursement.
4-30 SECTION 12. Section 55.111, Water Code, is amended to read
4-31 as follows:
4-32 Sec. 55.111. Compensation of Directors. (a) A director is
4-33 entitled to receive fees of office of not more than $100 <$50 a
4-34 day> for each day the director <he> actually spends performing the
4-35 <his> duties of <as> a director. The fees of office may not exceed
4-36 $500 in any one month regardless of the number of days spent in
4-37 service of the district during that month.
4-38 (b) A director may receive, with the board's approval,
4-39 reimbursement of actual expenses reasonably incurred while serving
4-40 the district.
4-41 (c) Before a director may receive compensation for <his>
4-42 services or reimbursement for travel or other expenses incurred
4-43 while serving the district, the director must<, he shall> file with
4-44 the secretary a signed statement showing <an affidavit stating> the
4-45 number of days actually spent in the service of the district,
4-46 actual expenses incurred, and a general description of duties
4-47 performed during each day of service<. The affidavit shall be
4-48 filed on the last Saturday of each month, or as soon after that
4-49 time as practicable>.
4-50 SECTION 13. Subsection (a), Section 55.252, Water Code, is
4-51 amended to read as follows:
4-52 (a) A person who violates the provisions of this subchapter
4-53 or rules and regulations of the district upon conviction is
4-54 punishable by a fine of not more than $1,000 <$100> or by
4-55 confinement in the county jail for not more than 30 days, or by
4-56 both.
4-57 SECTION 14. Section 56.067, Water Code, is amended to read
4-58 as follows:
4-59 Sec. 56.067. Director's Compensation. (a) A director <The
4-60 directors> of any district is <are> entitled to receive for the
4-61 director's <their> services not more than $100 <$50> a day for the
4-62 time actually engaged in the work of the district. The
4-63 commissioners court shall establish the amount of compensation by
4-64 order.
4-65 (b) A director may receive reimbursement of actual expenses
4-66 reasonably incurred while serving the district.
4-67 (c) Before a director's <the directors'> accounts are
4-68 approved, the director <directors> shall submit to the
4-69 commissioners court a signed statement <detailed written report,
4-70 under oath,> showing the time actually spent <in> working for the
5-1 district and describing the work done. The commissioners court
5-2 shall audit the report and allow the amount determined by it.
5-3 SECTION 15. Section 57.056, Water Code, is amended to read
5-4 as follows:
5-5 Sec. 57.056. Compensation. (a) A <Each> director, whether
5-6 appointed or elected, is entitled to receive fees of office of <for
5-7 his services> not more than $100 <$50> a day for each day the
5-8 director actually spends performing the duties of a director. The
5-9 fees of office may not exceed $500 in any one month regardless of
5-10 the number of days spent in service of the district during that
5-11 month.
5-12 (b) A director may also receive, with the board's approval,
5-13 reimbursement of actual expenses reasonably incurred while serving
5-14 the district.
5-15 (c) Before a director may receive compensation for services
5-16 or reimbursement for travel or other expenses incurred while
5-17 serving the district, the director must file with the secretary a
5-18 signed statement showing the number of days actually spent in the
5-19 service of the district, actual expenses incurred, and a general
5-20 description of duties performed during each day of service <and all
5-21 his expenses for the time he is actually engaged in work of the
5-22 district. The commissioners court shall determine the amount of
5-23 per diem to which a director is entitled, and the expenses will be
5-24 paid on rendition of a sworn account approved by the county judge
5-25 of the county which has jurisdiction>.
5-26 SECTION 16. Section 58.079, Water Code, is amended to read
5-27 as follows:
5-28 Sec. 58.079. COMPENSATION OF DIRECTORS. (a) A director is
5-29 entitled to receive compensation of not more than $100 <$25> a day
5-30 for each day the director <he> actually spends performing <his>
5-31 duties as a director, but the fee shall not be more than $500
5-32 <$100> for any one month.
5-33 (b) A director may receive, with the board's approval,
5-34 reimbursement of actual expenses reasonably incurred while serving
5-35 the district.
5-36 (c) Before a director may receive compensation for the
5-37 director's <his> services or reimbursement for travel or other
5-38 expenses incurred while serving the district, the director <he>
5-39 shall file with the secretary a verified statement showing the
5-40 number of days actually spent in the service of the district,
5-41 actual expenses incurred, and a general description of duties
5-42 performed during each day of service. The statement shall be filed
5-43 on the last day of the month or as soon after that time as
5-44 possible.
5-45 SECTION 17. Subsection (a), Section 58.131, Water Code, is
5-46 amended to read as follows:
5-47 (a) The board may set reasonable penalties for the breach of
5-48 any rule of the district, which shall not exceed fines of more than
5-49 $1,000 <$200> or imprisonment for more than 30 days, or both.
5-50 SECTION 18. Section 58.360, Water Code, is amended by
5-51 amending the section heading and Subsection (a) to read as follows:
5-52 Sec. 58.360. OPERATION AND MAINTENANCE TAX. (a) A district
5-53 may levy and collect a tax for operation and maintenance purposes,
5-54 including funds for planning, constructing, acquiring, maintaining,
5-55 repairing, and operating all necessary land, plants, works,
5-56 properties, facilities, equipment, and improvements of the district
5-57 and for paying costs of proper services, engineering and legal
5-58 fees, and organization and administrative expenses.
5-59 SECTION 19. Section 57.063, Water Code, is repealed.
5-60 SECTION 20. This Act takes effect September 1, 1995.
5-61 SECTION 21. The importance of this legislation and the
5-62 crowded condition of the calendars in both houses create an
5-63 emergency and an imperative public necessity that the
5-64 constitutional rule requiring bills to be read on three several
5-65 days in each house be suspended, and this rule is hereby suspended.
5-66 * * * * *