HBA-NMO S.B. 1877 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1877
By: Ogden
Natural Resources
5/10/1999
Engrossed


BACKGROUND AND PURPOSE 

In 1961, the 57th Legislature created the Brookshire-Katy Drainage District
(district) as a fresh water supply district.  Since that time, both the
area comprising the district and state law in regard to special districts
have changed.  S.B. 1877 amends the law relating to the board of
supervisors and the powers of the district, and provides a civil penalty.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 203, Acts of the 57th Legislature, Regular
Session, 1961, by adding Section 1A, as follows: 

Sec. 1A.  Sets forth the legislative findings regarding the boundaries of
the Brookshire-Katy Drainage District (district). 

SECTION 2.  Amends Section 2, Chapter 203, Acts of the 57th Legislature,
Regular Session, 1961, to provide that the district is vested with certain
rights, powers , privileges, and duties conferred and imposed by the
General Laws of the State of Texas, including Chapters 49 (Provisions
Applicable to All Districts) and 53 (Fresh Water Supply Districts), Water
Code.  Deletes text that requires the district to exercise the power of
eminent domain or relocation at the sole expense of the district. 

SECTION 3.  Amends Section 4, Chapter 203, Acts of the 57th Legislature,
Regular Session, 1961, to authorize the assessor-collector of Waller
County, for services to the district in assessing and collecting taxes for
the district, to deduct from all taxes collected on the current year's tax
rolls an amount of money to which the board of supervisors agrees, not to
exceed a certain amount. Authorizes the assessor collector to receive a
compensation for the collection of delinquent taxes in the same manner as
the assessor-collector receives compensation for collecting delinquent
state and county taxes.  Prohibits the assessor-collector from duplicating
a charge  made for costs of suit related to enforcement of state and county
taxes.  Deletes text regarding taxation and the valuation of certain
district property. 

SECTION 4.  Amends Section 5, Chapter 203, Acts of the 57th Legislature,
Regular Session, 1961, to delete text regarding the assessor-collector's
compensation for the assessment and collection of taxes, and collection of
delinquent taxes.  Makes conforming changes. 

SECTION 5.  Amends Chapter 203, Acts of the 57th Legislature, Regular
Session, 1961, by adding Sections 6A, 6B, 6C, and 6D, as follows: 

Sec.  6A.  (a) Prohibits a person, on or after September 1, 1999, from
constructing drainage facilities or improvements on or to serve a tract of
land in the district, unless the district has approved the plans and
specifications for the facilities or improvements.  

(b) Requires plans and specifications for drainage facilities or
improvements located within the corporate limits of a municipality and also
within the district, but outside of  district-owned property or facilities,
to only require approval of the municipality.   

(c) Authorizes the district to adopt reasonable rules and standards to
provide for adequate drainage construction in accordance with standard
engineering practices.  Authorizes the rules and standards to require the
drainage plan to be generally compatible with the district's master plan.   

(d) Authorizes the district, by rule, to establish procedures for
presenting plans and specifications to the district and for review and
disposition of the plans and specifications by the district.   

(e) Requires the district, after review by its engineer, to determine the
cost of any drainage facilities or improvements and recommend to the
appropriate governing body with jurisdiction over the subdivision that a
surety bond or other approved security in that amount for the construction
of drainage facilities or improvements be secured in the name of the
governing body.  Authorizes the district, if the governing body does not
secure a bond, to secure a bond for the cost of construction of drainage
facilities or improvements.  

(f)  Authorizes the district to refuse to approve plans and specifications
that do not comply with district rules.  Authorizes the district to refuse
to approve plans and specifications until all applicable fees have been
paid.  

(g) Sets forth activities to which this section does not apply. 

(h) Provides that this section does not limit the authority or jurisdiction
of a municipality or county to regulate plans and specifications for the
construction of drainage facilities or improvements other than facilities
owned or maintained by the district. Provides that the district's rules and
standards for the construction of drainage facilities or improvements do
not apply to a facility or improvement not owned or maintained by the
district inside the corporate limits of a municipality unless the governing
body of the municipality or county requires the person to submit the plans
and specifications for drainage construction to the district. 

Sec. 6B.  Provides that rules adopted by the district be consistent with
Chapters 49 and 53, Water Code. Prohibits the district from exercising its
power of eminent domain outside the district without the express consent of
the governing body of the municipality or the commissioners court of the
county in which the territory being condemned is located. 
 
Sec. 6C.  Provides that a person who violates this Act or a rule adopted
under this Act is liable to the district for a civil penalty of not less
than $10 and not more than $200 for each offense.  Provides that each day a
violation continues is a separate offense.  Provides that a penalty under
this section is in addition to any other penalty authorized by law.
Authorizes the district to sue in a district court to enjoin a violation or
a threatened violation under this Act or a rule adopted under this Act.
Authorizes the district to sue for injunctive relief and a civil penalty in
the same proceeding. Authorizes the court to include in any final judgment
in favor of the district an award for damages, the recovery of court costs,
and reasonable attorney's fees, if the district sues to recover a civil
penalty or for injunctive relief or to recover any fee or charge under this
Act. 

Sec. 6D.  Provides that Chapter 311, Government Code (The Code Construction
Act) applies to this Act.  

SECTION 6.  (a)  Provides that the changes in law made by this Act do not
invalidate, infringe upon, or change the rights, duties, powers, or
privileges of any municipality, county, or other political subdivision of
this state. 

(b)  Establishes that the maintenance tax authorized  by the voters of the
district at the August 12, 1961, election, is validated by this Act for the
purposes and in the amount authorized at  that election. 

SECTION 7.  (a)  Provides that changes in law made by this Act take effect
only upon a majority vote of the district in an election called for that
purpose. 

(b)  Requires the district to order an election on the question of
approving the changes made by this Act, as soon as possible after the
passage of this Act. 
 
(c)  Requires that an election ordered under Subsection (b) be held on the
next uniform election date that is on or after the 45th day following the
date the election is ordered. 

(d)  Effective date: 45 days after the date of the election, if a majority
of the votes cast favor the changes made by this Act. 

(e)  Authorizes the board of supervisors to call and hold subsequent
elections to confirm this Act, providing a majority of the votes cast at
the election are against changes made by this Act.  Prohibits a subsequent
election from being held earlier than the first anniversary after the date
on which the previous election was held.  Provides that this Act expires,
if the changes made by this Act are not approved by September 1, 2001. 

(f)  Provides that an election conducted under this Act must be conducted
as provided by the Election Code, except as provided by this section. 

SECTION 8. Emergency clause.
         Effective date: upon passage.