By Lewis of Orange H.B. No. 2332
76R4613 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration and consolidation of drainage
1-3 districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 56.061, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 56.061. CREATION OF BOARD. (a) A district is governed
1-8 by a board of three directors unless special law provides
1-9 otherwise.
1-10 (b) When a district is established, the commissioners court
1-11 shall appoint three directors for the district to serve until
1-12 permanent directors are elected.
1-13 SECTION 2. Section 56.064(a), Water Code, is amended to read
1-14 as follows:
1-15 (a) For any district in which special law requires that
1-16 directors be appointed, except when the special law otherwise
1-17 provides, on [On] petition of a majority of the real property
1-18 taxpayers of a district requesting an election of district
1-19 directors, the commissioners court shall immediately order an
1-20 election to be held at the earliest legal time. The election shall
1-21 be held as other elections under Chapter 49.
1-22 SECTION 3. Section 56.0641, Water Code, is amended to read
1-23 as follows:
1-24 Sec. 56.0641. ELECTION PROCEDURES. (a) In those districts
2-1 referred to in Subsection (b) [(e)] of Section 56.064, until
2-2 otherwise ordered by the board of directors, the three persons
2-3 receiving the highest number of votes at each election are elected.
2-4 By order made before the 60th day preceding an election for
2-5 directors, the board of directors in those districts referred to in
2-6 Subsection (b) [(e)] of Section 56.064 may order that the election
2-7 of directors for that district shall be by position or place,
2-8 designated as Place No. 1, Place No. 2, and Place No. 3. The order
2-9 shall designate the place numbers in relation to the directors then
2-10 in office, and these place designations shall be observed in all
2-11 future elections. The person receiving the highest number of votes
2-12 for each position or place is elected. Once the board of directors
2-13 has adopted the place system for election, neither that board nor
2-14 their successors may rescind the action.
2-15 (b) A person wishing to have his name printed on the ballot
2-16 as a candidate for director in those districts referred to in
2-17 Subsection (b) [(e)] of Section 56.064 shall file a signed
2-18 application with the secretary of the board of directors not later
2-19 than 5 p.m. of the 31st day preceding the election.
2-20 (c) The board of directors in those districts referred to in
2-21 Subsection (b) [(e)] of Section 56.064 shall order the election,
2-22 appoint the election judges, canvass the returns, and declare the
2-23 results of the election. In other respects, the procedures for
2-24 conducting the election and for voting are as specified in the
2-25 Texas Election Code. The expenses of holding the election shall be
2-26 paid out of the construction and maintenance fund of the district.
2-27 SECTION 4. Section 56.0642, Water Code, is amended to read
3-1 as follows:
3-2 Sec. 56.0642. APPLICABILITY TO SPECIAL LAW DISTRICTS.
3-3 Subsection (b) [(e)] of Section 56.064 and Section 56.0641 of this
3-4 code apply to drainage districts created or governed by special law
3-5 where the special law expressly adopts the provisions of Section
3-6 56.064 of this code or its predecessor statute (Article 8119,
3-7 Revised Civil Statutes of Texas, 1925) or repeats its provisions,
3-8 without change in substance, as those provisions existed at the
3-9 time the special law was enacted; but they do not apply to any
3-10 district established, reestablished, or otherwise affected by
3-11 special law where the special law contains specific provisions
3-12 relating to the method of selecting the governing body of the
3-13 district which were at variance with the provisions of Section
3-14 56.064 of this code or its predecessor at the time the special law
3-15 was enacted.
3-16 SECTION 5. Section 56.082(a), Water Code, is amended to read
3-17 as follows:
3-18 (a) Except as otherwise provided in this chapter, the
3-19 commissioners court has exclusive jurisdiction to hear and
3-20 determine:
3-21 (1) contests and objections to creating a district;
3-22 (2) matters relating to creating a district; and
3-23 (3) all proceedings of a district during its
3-24 organization [after it is organized].
3-25 SECTION 6. Section 56.123(a), Water Code, is amended to read
3-26 as follows:
3-27 (a) After the board [commissioners court] authorizes bonds
4-1 to be issued, the board may make changes in the district or its
4-2 improvements which will be an advantage to the district but which
4-3 will not increase the cost of the proposed work beyond the amount
4-4 of bonds authorized.
4-5 SECTION 7. Sections 56.124(a) and (b), Water Code, are
4-6 amended to read as follows:
4-7 (a) If the board decides that changes or additions in the
4-8 preliminary survey would be of advantage to the district but would
4-9 necessitate issuing additional bonds of the district, it shall
4-10 certify to the commission [commissioners court] the need for
4-11 additional bond authorization and transmit the certification with
4-12 maps and profiles prepared by the district engineer showing the
4-13 changes and their estimated cost.
4-14 (b) At the first regular meeting after the documents are
4-15 filed, the board [commissioners court] shall give notice of an
4-16 election to determine whether or not the changes and improvements
4-17 should be made and shall order the election held within the time
4-18 and the returns made as provided in the original election.
4-19 SECTION 8. Section 56.125(b), Water Code, is amended to read
4-20 as follows:
4-21 (b) After the engineer's report is approved or modified by
4-22 the commission [commissioners court], the board [court] shall order
4-23 an election to be held in the district at the earliest legal time.
4-24 The only proposition that may be submitted at the election is
4-25 whether or not the district will construct additional improvements
4-26 and pay for them with funds currently available. A majority of
4-27 those persons voting at the election must approve the proposition
5-1 for it to carry.
5-2 SECTION 9. Section 56.135, Water Code, is amended to read as
5-3 follows:
5-4 Sec. 56.135. INTEREST IN DRAINAGE CONTRACT. A county judge,
5-5 county commissioner, director of the board [drainage commissioner],
5-6 or drainage engineer who becomes interested in any contract for
5-7 construction of any work by the district or in any fee paid by the
5-8 district from which he will receive money, consideration, or other
5-9 thing of value, upon conviction is punishable by confinement in the
5-10 county jail for not less than six months nor more than one year.
5-11 SECTION 10. Section 56.141(c), Water Code, is amended to
5-12 read as follows:
5-13 (c) Unless an agreement is reached with the applicants, the
5-14 board [commissioners] may authorize the connection on condition
5-15 that the applicant first pay to the construction and maintenance
5-16 fund an amount of money which bears the same ratio to the cost of
5-17 the original canal or drain from the point of connection to its
5-18 outlet as the water to be emptied into the canal or drain by the
5-19 connecting drains bears to the water then flowing into and being
5-20 carried by the original canal or drain as estimated by the
5-21 engineer.
5-22 SECTION 11. Section 56.142, Water Code, is amended to read
5-23 as follows:
5-24 Sec. 56.142. ENLARGEMENT OF CANALS, DRAINS, AND OTHER
5-25 OUTLETS. (a) If the engineer's report indicates that the capacity
5-26 of the canals, drains, or outlets of the district are insufficient
5-27 to carry the excess water that would be discharged into them by
6-1 connecting drains or that the additional discharge of water will
6-2 endanger the canals and drains or the lands and property adjacent
6-3 to them, the board [commissioners court in the county in which the
6-4 district is located] may give the applicant permission to construct
6-5 connecting drains and secure the desired outlet on condition that
6-6 the applicant make necessary enlargements of the canals and drains
6-7 of the district at the applicant's own expense. The increased
6-8 capacity of the canals of the district shall be sufficient to carry
6-9 any increase of water caused by the connection without danger to
6-10 canals and drains or lands adjacent to them.
6-11 (b) The engineer shall supervise and direct the enlargement
6-12 of the canals and drains, and after the work is completed to his
6-13 satisfaction, the engineer shall report to the board [commissioners
6-14 court] under his official certificate. The report shall show:
6-15 (1) the kind of work done;
6-16 (2) the extent of the work;
6-17 (3) the new capacity to be sufficient to carry excess
6-18 water from the connecting drain;
6-19 (4) the number of days spent by the engineer
6-20 supervising the work; and
6-21 (5) the amount due to the engineer for his services.
6-22 (c) On approving the engineer's report, the board
6-23 [commissioners court] shall issue an order authorizing the
6-24 connections to be made with the canals and drains on payment of the
6-25 amount due to the engineer as shown by the engineer's report and
6-26 shall order the applicant to pay the engineer's salary.
6-27 SECTION 12. Subchapter K, Chapter 56, Water Code, is amended
7-1 to read as follows:
7-2 SUBCHAPTER K. CONSOLIDATION OF DISTRICTS
7-3 Sec. 56.801. CONSOLIDATION OF DISTRICTS. Two or more
7-4 districts governed by this chapter may consolidate into one
7-5 district as provided by this subchapter.
7-6 Sec. 56.802. CONSOLIDATION BY AGREEMENT. (a) The boards of
7-7 the districts proposed to be consolidated may initiate
7-8 consolidation.
7-9 (b) The board of each district proposed to be consolidated
7-10 must agree on the terms and conditions of consolidation. The
7-11 consolidation agreement may include adoption of a name for the
7-12 consolidated district and designation of election precincts for the
7-13 consolidated district. After the boards have agreed to the terms
7-14 and conditions of consolidation, the boards jointly shall order an
7-15 election to be held in each district to determine whether the
7-16 districts should be consolidated.
7-17 Sec. 56.803. CONSOLIDATION BY PETITION. (a) Consolidation
7-18 may be initiated by a petition requesting that the districts be
7-19 consolidated.
7-20 (b) The petition must be signed by a number of qualified
7-21 voters in each district proposed to be consolidated that is equal
7-22 to at least five percent of the number of votes cast in the
7-23 district in the most recent gubernatorial general election. There
7-24 must be one petition for each district proposed to be consolidated.
7-25 A qualified voter may sign only the petition for the district in
7-26 which the voter resides.
7-27 (c) The petitions shall be filed simultaneously with the
8-1 secretary of each district proposed to be consolidated.
8-2 (d) A district's board shall determine whether the petition
8-3 presented to that district meets the requirements of Subsection (b)
8-4 and shall notify the boards of each other district proposed to be
8-5 consolidated whether the petition meets the requirements of
8-6 Subsection (b).
8-7 (e) If the petitions meet the requirements of Subsection (b)
8-8 in all districts proposed to be consolidated, the boards of the
8-9 districts proposed to be consolidated shall:
8-10 (1) issue a joint order for an election to be held on
8-11 the same day in each district to determine whether the districts
8-12 should be consolidated; and
8-13 (2) give notice of the election in the manner provided
8-14 by law for other elections.
8-15 Sec. 56.804. TIME OF HOLDING ELECTION; COST OF ELECTION.
8-16 (a) The election shall be held on a uniform election day in January
8-17 or May.
8-18 (b) The election date selected must provide sufficient time
8-19 for the preparation of the necessary voter registration lists for
8-20 each district.
8-21 (c) Each district proposed to be consolidated is responsible
8-22 for holding the election in that district and for the cost of the
8-23 election in that district.
8-24 Sec. 56.805. BALLOT. The ballot in the election shall be
8-25 printed to permit voting for or against the proposition:
8-26 "Consolidation of ___________ (names of districts to be
8-27 consolidated) into a single drainage district."
9-1 Sec. 56.806. CANVASS; RESULT. (a) The board of each
9-2 district proposed to be consolidated shall canvass the returns of
9-3 the election held in that district. The board of each district
9-4 shall publish the results for that district.
9-5 (b) If the majority of votes cast in each district favor the
9-6 consolidation, the districts become one district and are governed
9-7 as one district.
9-8 (c) If the proposition does not carry, another election for
9-9 consolidation may not be held in any district that was proposed to
9-10 be consolidated for at least two years after the results of the
9-11 election are declared.
9-12 Sec. 56.807. GOVERNING CONSOLIDATED DISTRICTS; ELECTION OF
9-13 DIRECTORS. (a) When two or more districts are consolidated, they
9-14 become one district and are governed as one district.
9-15 (b) Until the directors of the consolidated district are
9-16 elected and qualify, the directors of each district shall continue
9-17 to act jointly as directors of the consolidated district. A
9-18 vacancy on the joint boards occurring before the permanent
9-19 directors of the consolidated district are elected may not be
9-20 filled unless the number of members on the joint board is three or
9-21 fewer. If the number of members on the joint board is reduced to
9-22 three or fewer, the consolidated district shall be governed by
9-23 three directors. If there are fewer than three directors,
9-24 vacancies shall be filled in the same manner as vacancies on
9-25 elected boards until there are three directors.
9-26 (c) The joint board shall immediately order an election of
9-27 directors of the consolidated district to be held on the next
10-1 available uniform election date as provided for election of
10-2 directors under Chapter 49.
10-3 (d) The consolidation agreement may provide that the
10-4 directors of the original districts continue to act jointly as
10-5 directors of the consolidated district until the next election.
10-6 The agreement may name persons to serve as directors of the
10-7 consolidated district until the next election if all directors of
10-8 the original districts agree to resign.
10-9 (e) The joint board of the consolidated district shall
10-10 approve the bond of each new director.
10-11 (f) If any of the consolidated districts were operating
10-12 under Article XVI, Section 59 of the Texas Constitution at the time
10-13 the districts were consolidated, the consolidated district shall
10-14 operate under Article XVI, Section 59 of the Texas Constitution,
10-15 and limitations imposed by Article III, Section 52 of the Texas
10-16 Constitution and this chapter on debts to be incurred and taxes to
10-17 be levied does not apply to that district unless, not later than
10-18 the 60th day after the districts are consolidated, the board of
10-19 directors of the consolidated district adopts a resolution that the
10-20 consolidated district shall operate under Article III, Section 52
10-21 of the Texas Constitution.
10-22 Sec. 56.808. TITLE TO PROPERTY; ASSUMPTION OF DEBT. (a)
10-23 Title to all property of the consolidating districts vests in the
10-24 consolidated district. The consolidated district assumes and is
10-25 liable for the outstanding indebtedness of the consolidating
10-26 districts.
10-27 (b) All enforceable contract rights held or owned by a
11-1 consolidating district are owned and held by the consolidated
11-2 district. The consolidated district is liable for contractual
11-3 obligations of a consolidating district.
11-4 Sec. 56.809. VOTED BUT UNISSUED BONDS. (a) If any
11-5 consolidating district has voted but unissued bonds, the
11-6 consolidated district is authorized to issue the voted but unissued
11-7 bonds in the name of the consolidated district and levy uniform tax
11-8 on all taxable property in the consolidated district to pay for the
11-9 bonds.
11-10 (b) Any money received from the sale of bonds by a
11-11 consolidating district that has not been spent before the date of
11-12 consolidation may be spent by the consolidated district only on the
11-13 project for which the bonds were issued.
11-14 Sec. 56.810. FISCAL YEAR; BUDGET. (a) A consolidated
11-15 district shall adopt a fiscal year. The fiscal year may be
11-16 provided for in the consolidation agreement or adopted by the board
11-17 of the consolidated district after the consolidation election.
11-18 (b) The fiscal year of each district that has been
11-19 consolidated ends on the last day of the month in which the
11-20 consolidation election was held. Audits of each district that was
11-21 consolidated shall be prepared up to and through the last day of
11-22 the month in which the consolidation election was held. The first
11-23 audit of the consolidated district shall be for the period
11-24 beginning on the first day of the month after the consolidation
11-25 election and ending on the last day of the fiscal year adopted for
11-26 the consolidated district.
11-27 (c) A budget shall be adopted for the period beginning on
12-1 the first day of the month after the consolidation election and
12-2 continuing through the end of the fiscal year adopted for the
12-3 consolidated district.
12-4 [Sec. 56.801. PETITION. Consolidation is initiated by a
12-5 petition requesting an election on the question. The petition must
12-6 be signed by registered voters residing in either district proposed
12-7 to be consolidated equal in number to at least five percent of the
12-8 number of votes received in the district by all candidates in the
12-9 most recent gubernatorial general election. The petition must be
12-10 presented to the commissioners court.]
12-11 [Sec. 56.802. ELECTION ORDER; NOTICE. (a) If the
12-12 commissioners court determines the petition meets the requirements
12-13 of Section 56.801, the commissioners court shall:]
12-14 [(1) issue an order for an election to be held on the
12-15 same day in each district included in the proposed consolidated
12-16 district; and]
12-17 [(2) give notice of the election.]
12-18 [(b) The ballot in the election shall be printed to permit
12-19 voting for or against the proposition: "Consolidation of
12-20 __________ (names of districts) into a single drainage district."]
12-21 [Sec. 56.803. CANVASS; RESULT. (a) The commissioners court
12-22 shall canvass the returns of the election. The commissioners shall
12-23 publish the results separately for each district.]
12-24 [(b) If the majority of votes cast in each district favor
12-25 the consolidation, the commissioners court shall declare the
12-26 districts consolidated.]
12-27 [Sec. 56.804. TITLE TO PROPERTY; ASSUMPTION OF DEBT. Title
13-1 to all property of the consolidating districts vests in the
13-2 consolidated district. The consolidated district assumes and is
13-3 liable for the outstanding indebtedness of the consolidating
13-4 districts.]
13-5 SECTION 13. Sections 56.070, 56.071, 56.072, 56.112, 56.117,
13-6 56.118, 56.127, and 56.181, Water Code, are repealed.
13-7 SECTION 14. This Act takes effect September 1, 1999.
13-8 SECTION 15. The importance of this legislation and the
13-9 crowded condition of the calendars in both houses create an
13-10 emergency and an imperative public necessity that the
13-11 constitutional rule requiring bills to be read on three several
13-12 days in each house be suspended, and this rule is hereby suspended.