By: Brown S.B. No. 1509
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to Brazoria Drainage District Number 4; clarifying the
1-2 powers of the district; providing definitions; and specifically
1-3 granting said District the authority to make and adopt rules
1-4 regulating construction which affects drainage within the
1-5 District's jurisdictional boundaries.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. NAME OF DISTRICT. On and after the effective
1-8 date of this Act, the Brazoria County Drainage District Number Four
1-9 created by order of the Brazoria County Commissioners Court on or
1-10 about June 28, 1910, shall be known as "Brazoria Drainage District
1-11 Number Four."
1-12 SECTION 2. DEFINITIONS. In this Act:
1-13 a. "Board" means the board of commissioners of the district.
1-14 b. "Construction, demolition or modification" means any
1-15 change that will alter the rate, magnitude or direction of storm
1-16 water runoff.
1-17 c. "Drainage channel" means a natural or man-made ditch or
1-18 stream which intercepts or carries storm water runoff.
1-19 d. "Detention facility" means a system designed to detain
1-20 storm water runoff and release it at a set rate.
1-21 e. "District" means the Brazoria Drainage District Number
2-1 Four.
2-2 f. "Flood control improvement" means a man-made structure
2-3 designed to regulate or distribute storm water runoff or flood
2-4 waters.
2-5 g. "Other drainage facility" means any natural or man-made
2-6 structure, facility or channel which controls, manages, regulates
2-7 or distributes storm water runoff or flood water.
2-8 h. "Impervious cover" means any material that will
2-9 significantly alter the rate, magnitude or direction of storm water
2-10 runoff. What constitutes a significant alteration in the rate,
2-11 magnitude or direction of storm water runoff is a matter within the
2-12 reasonable discretion of the District.
2-13 i. "Drainage plan" means a representation of the flow of
2-14 rainfall or storm water runoff on or onto a particular area and off
2-15 of the same area. It will generally depict the drainage channels,
2-16 detention facilities, flood control improvements and other drainage
2-17 facilities located on the area in question.
2-18 j. "Person" means any individual, governmental or any
2-19 business entity (such as a corporation or partnership).
2-20 SECTION 3. SEAL. The board shall adopt a seal for the
2-21 district.
2-22 SECTION 4. GENERAL POWERS AND DUTIES. (a) The district has
2-23 all of the powers of a conservation and reclamation district
2-24 created under Section 52, Article III, or Section 59, Article XVI,
2-25 Texas Constitution, and governed by Chapter 49, Water Code, and
3-1 those powers necessary or convenient for the drainage and
3-2 reclamation of land in the district, except as provided by this
3-3 Act.
3-4 (b) The district may construct, complete, carry out,
3-5 maintain, add to, or rebuild any work or improvement in or outside
3-6 of the district necessary to accomplish the district's functions or
3-7 to exercise the district's authority. The district may enter any
3-8 necessary contract, employ any person, or take any action necessary
3-9 to accomplish a district purpose.
3-10 (c) The district shall comply with Chapter 49 [Section
3-11 50.061], Water Code, in making a contract for an improvement.
3-12 (d) The board may adopt and the district may enforce rules
3-13 necessary to facilitate the provision of district facilities or
3-14 services including setting and collecting charges, fees, or
3-15 rentals. In accordance with district rules, the district may
3-16 discontinue a facility or service to prevent an abuse or to enforce
3-17 payment of a charge, fee, or rental that is due and unpaid.
3-18 (e) The board by rule may require a deposit for a service to
3-19 be provided by the district. The rules may provide for payment of
3-20 interest on a deposit.
3-21 (f) The district shall maintain an office in accordance with
3-22 Section 49.062 [50.057], Water Code.
3-23 (g) The district shall preserve district records and keep
3-24 the district's records and minutes in accordance with Section
3-25 49.065 [50.029 and 50.054], Water Code.
4-1 (h) The district may employ or retain necessary employees or
4-2 professional consultants for the proper operation of the district
4-3 including a general manage, attorneys, bookkeepers, or engineers.
4-4 (i) The board is responsible for all money and funds of the
4-5 district. It is not the duty of the county judge of Brazoria
4-6 County to countersign a warrant or check of the district. It is
4-7 not the duty of the county treasurer or the county auditor of
4-8 Brazoria County to perform any service for the district.
4-9 (j) The district may adopt rules regulating:
4-10 (1) the construction, demolition, or modification of
4-11 any public or private drainage channel, detention facility, flood
4-12 control improvement, or other drainage facility of any kind within
4-13 the jurisdiction of the district; and
4-14 (2) any public or private activity that increases the
4-15 amount of impervious cover within the jurisdiction of the district,
4-16 provided that any such rules are reasonably related to the
4-17 provision of adequate drainage or flood prevention.
4-18 (k) The district may require that any person who engages in
4-19 activity that is defined in (j) shall:
4-20 (1) construct appropriate drainage channels, detention
4-21 facilities, flood control improvements or other drainage facilities
4-22 as may be necessary to prevent adverse drainage or flooding
4-23 conditions;
4-24 (2) pay the cost of any drainage plans, drainage
4-25 channels, detention facilities, flood control improvements or other
5-1 drainage facilities required by the district; and
5-2 (l) The district may assess reasonable impact fees in lieu
5-3 of the construction of drainage channels, detention facilities,
5-4 flood control improvements or other drainage facilities by persons
5-5 who engage in activity that is subject to regulation by the
5-6 district as defined in Sec. (j).
5-7 (m) The district may require any person who is engaged in
5-8 any activity that is described in Sec. (j) to submit a drainage
5-9 plan to the district.
5-10 (1) The district may require that drainage plans be
5-11 submitted under the seal of a professional engineer licensed to
5-12 practice in the State of Texas.
5-13 (2) The district may adopt reasonable rules that
5-14 concern the process for submitting and approving drainage plans.
5-15 SECTION 5. ACQUISITION, LEASE, AND DISPOSAL OF PROPERTY.
5-16 (a) The district may acquire or lease any property inside or
5-17 outside of the district necessary to accomplish a district purpose,
5-18 including lands, materials, barren or waste grounds, water rights,
5-19 easements, and rights-of-way.
5-20 (b) The district may acquire property by purchase, gift, or
5-21 condemnation.
5-22 (c) The district may condemn fee simple title to or an
5-23 easement on real property, as necessary to accomplish a district
5-24 purpose. The district may condemn property only as provided by
5-25 Chapter 21, Property Code, except that the district is not required
6-1 to give bond or make a deposit for appeal or costs in a
6-2 condemnation suit.
6-3 (d) As the board considers favorable to the district, the
6-4 district by public sale may dispose of property that the board
6-5 finds is not necessary for the district to carry out a district
6-6 function.