76(R) SB 1877 Senate committee report

SRC-JJJ S.B. 1877 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1877
76R12245 WP-FBy: Ogden
Natural Resources
5/3/1999
Committee Report (Amended)


DIGEST 

The Brookshire-Katy Drainage District was created by the 57th Legislature,
1961, as a conservation reclamation district with the rights and powers
authorized by Chapter 53 of the Texas Water Code. Since that time, both the
dynamics of the area and state law in regards to special districts have
changed.  S.B. 1877 would establish conditions regarding the board of
supervisors and the powers of the Brookshire-Katy Drainage District, and
provides a civil penalty.  

PURPOSE

As proposed, S.B. 1877 establishes conditions regarding the board of
supervisors and the powers of the Brookshire-Katy Drainage District, and
provides a civil penalty.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Brookshire-Katy Drainage District in
SECTION 5 (Sections 6A(c) and (d), Chapter 203, Acts of the 57th
Legislature, Regular Session, 1961) of this bill. 

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) and the organization,
existence, or validity of the 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 and 53, Water
Code. Deletes text regarding the district's exercising of powers and the
definition of "sole expense." 

SECTION 3.  Amends Section 4, Chapter 203, Acts of the 57th Legislature,
Regular Session, 1961, to authorize an assessor-collector of taxes 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. 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 assessment and
collection of taxes, and payment of delinquent taxes. 

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.  Prohibits a person, on or after September 1, 1999, from
constructing drainage facilities or improvements on to serve a tract of
land in the district, unless the district has approved the plans and
specifications for the improvements. 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.
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.  Authorizes the
district, by rule, to establish procedures for presenting plans and
specifications by the district.  Sets forth determinations of the cost for
any drainage facilities or improvements, and a recommended method of
funding.  Authorizes the district to refuse to approve plans and
specifications until all applicable fees have been paid. Sets forth
activities for which this section is not applicable. 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.  Sets forth certain conditions regarding a
construction of or improvements on a drainage facility inside the corporate
limits of a municipality, providing exceptions regarding the submission of
plans and specifications for drainage construction. 

Sec. 6B. Requires rules adopted by the district to be consistent with
Chapters 49 and 53, Water Code. Prohibits the district from exercising its
power of eminent domain outside the district without certain express
consent. 
 
Sec. 6C. Provides a penalty of not less than $10 and not more than $200 for
a person who violates this Act.  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 of 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. 

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 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 an election ordered under Subsection (b) to 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 if the changes made
by this bill are not approved by September 1, 2001, this Act expires. 

(f)  Requires an election to be conducted as provided by the Election Code,
except as provided by this section. 
 
SECTION 8. Emergency clause.
         Effective date: upon passage.


SUMMARY OF COMMITTEE CHANGES

SECTION 5.

Amends Subsection (b), Section 6A, Acts of the 57th Legislature, Regular
Session, 1961, to require 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.