1-1 By: Lewis of Orange (Senate Sponsor - Armbrister) H.B. No. 2332
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on
1-4 Natural Resources; May 3, 1999, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 3, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the administration and consolidation of drainage
1-9 districts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 56.061, Water Code, is amended to read as
1-12 follows:
1-13 Sec. 56.061. CREATION OF BOARD. (a) A district is governed
1-14 by a board of three directors unless special law provides
1-15 otherwise.
1-16 (b) When a district is established, the commissioners court
1-17 shall appoint three directors for the district to serve until
1-18 permanent directors are elected.
1-19 SECTION 2. Section 56.064(a), Water Code, is amended to read
1-20 as follows:
1-21 (a) For any district in which special law requires that
1-22 directors be appointed, except when the special law otherwise
1-23 provides, on [On] petition of a majority of the real property
1-24 taxpayers of a district requesting an election of district
1-25 directors, the commissioners court shall immediately order an
1-26 election to be held at the earliest legal time. The election shall
1-27 be held as other elections under Chapter 49.
1-28 SECTION 3. Section 56.0641, Water Code, is amended to read
1-29 as follows:
1-30 Sec. 56.0641. ELECTION PROCEDURES. (a) In those districts
1-31 referred to in Subsection (b) [(e)] of Section 56.064, until
1-32 otherwise ordered by the board of directors, the three persons
1-33 receiving the highest number of votes at each election are elected.
1-34 By order made before the 60th day preceding an election for
1-35 directors, the board of directors in those districts referred to in
1-36 Subsection (b) [(e)] of Section 56.064 may order that the election
1-37 of directors for that district shall be by position or place,
1-38 designated as Place No. 1, Place No. 2, and Place No. 3. The order
1-39 shall designate the place numbers in relation to the directors then
1-40 in office, and these place designations shall be observed in all
1-41 future elections. The person receiving the highest number of votes
1-42 for each position or place is elected. Once the board of directors
1-43 has adopted the place system for election, neither that board nor
1-44 their successors may rescind the action.
1-45 (b) A person wishing to have his name printed on the ballot
1-46 as a candidate for director in those districts referred to in
1-47 Subsection (b) [(e)] of Section 56.064 shall file a signed
1-48 application with the secretary of the board of directors not later
1-49 than 5 p.m. of the 31st day preceding the election.
1-50 (c) The board of directors in those districts referred to in
1-51 Subsection (b) [(e)] of Section 56.064 shall order the election,
1-52 appoint the election judges, canvass the returns, and declare the
1-53 results of the election. In other respects, the procedures for
1-54 conducting the election and for voting are as specified in the
1-55 Texas Election Code. The expenses of holding the election shall be
1-56 paid out of the construction and maintenance fund of the district.
1-57 SECTION 4. Section 56.0642, Water Code, is amended to read
1-58 as follows:
1-59 Sec. 56.0642. APPLICABILITY TO SPECIAL LAW DISTRICTS.
1-60 Subsection (b) [(e)] of Section 56.064 and Section 56.0641 of this
1-61 code apply to drainage districts created or governed by special law
1-62 where the special law expressly adopts the provisions of Section
1-63 56.064 of this code or its predecessor statute (Article 8119,
1-64 Revised Civil Statutes of Texas, 1925) or repeats its provisions,
2-1 without change in substance, as those provisions existed at the
2-2 time the special law was enacted; but they do not apply to any
2-3 district established, reestablished, or otherwise affected by
2-4 special law where the special law contains specific provisions
2-5 relating to the method of selecting the governing body of the
2-6 district which were at variance with the provisions of Section
2-7 56.064 of this code or its predecessor at the time the special law
2-8 was enacted.
2-9 SECTION 5. Section 56.082(a), Water Code, is amended to read
2-10 as follows:
2-11 (a) Except as otherwise provided in this chapter, the
2-12 commissioners court has exclusive jurisdiction to hear and
2-13 determine:
2-14 (1) contests and objections to creating a district;
2-15 (2) matters relating to creating a district; and
2-16 (3) all proceedings of a district during its
2-17 organization [after it is organized].
2-18 SECTION 6. Section 56.123(a), Water Code, is amended to read
2-19 as follows:
2-20 (a) After the board [commissioners court] authorizes bonds
2-21 to be issued, the board may make changes in the district or its
2-22 improvements which will be an advantage to the district but which
2-23 will not increase the cost of the proposed work beyond the amount
2-24 of bonds authorized.
2-25 SECTION 7. Sections 56.124(a) and (b), Water Code, are
2-26 amended to read as follows:
2-27 (a) If the board decides that changes or additions in the
2-28 preliminary survey would be of advantage to the district but would
2-29 necessitate issuing additional bonds of the district, it shall
2-30 certify [to the commissioners court] the need for additional bond
2-31 authorization and file [transmit] the certification with maps and
2-32 profiles prepared by the district engineer showing the changes and
2-33 their estimated cost in the district office.
2-34 (b) At the first regular meeting after the documents are
2-35 filed, the board [commissioners court] shall give notice of an
2-36 election to determine whether or not the changes and improvements
2-37 should be made and shall order the election held within the time
2-38 and the returns made as provided in the original election.
2-39 SECTION 8. Section 56.125(b), Water Code, is amended to read
2-40 as follows:
2-41 (b) After the engineer's report is approved or modified by
2-42 the board [commissioners court], the board [court] shall order an
2-43 election to be held in the district at the earliest legal time.
2-44 The only proposition that may be submitted at the election is
2-45 whether or not the district will construct additional improvements
2-46 and pay for them with funds currently available. A majority of
2-47 those persons voting at the election must approve the proposition
2-48 for it to carry.
2-49 SECTION 9. Section 56.135, Water Code, is amended to read as
2-50 follows:
2-51 Sec. 56.135. INTEREST IN DRAINAGE CONTRACT. A county judge,
2-52 county commissioner, director of the board [drainage commissioner],
2-53 or drainage engineer who becomes interested in any contract for
2-54 construction of any work by the district or in any fee paid by the
2-55 district from which he will receive money, consideration, or other
2-56 thing of value, upon conviction is punishable by confinement in the
2-57 county jail for not less than six months nor more than one year.
2-58 SECTION 10. Section 56.141(c), Water Code, is amended to
2-59 read as follows:
2-60 (c) Unless an agreement is reached with the applicants, the
2-61 board [commissioners] may authorize the connection on condition
2-62 that the applicant first pay to the construction and maintenance
2-63 fund an amount of money which bears the same ratio to the cost of
2-64 the original canal or drain from the point of connection to its
2-65 outlet as the water to be emptied into the canal or drain by the
2-66 connecting drains bears to the water then flowing into and being
2-67 carried by the original canal or drain as estimated by the
2-68 engineer.
2-69 SECTION 11. Section 56.142, Water Code, is amended to read
3-1 as follows:
3-2 Sec. 56.142. ENLARGEMENT OF CANALS, DRAINS, AND OTHER
3-3 OUTLETS. (a) If the engineer's report indicates that the capacity
3-4 of the canals, drains, or outlets of the district are insufficient
3-5 to carry the excess water that would be discharged into them by
3-6 connecting drains or that the additional discharge of water will
3-7 endanger the canals and drains or the lands and property adjacent
3-8 to them, the board [commissioners court in the county in which the
3-9 district is located] may give the applicant permission to construct
3-10 connecting drains and secure the desired outlet on condition that
3-11 the applicant make necessary enlargements of the canals and drains
3-12 of the district at the applicant's own expense. The increased
3-13 capacity of the canals of the district shall be sufficient to carry
3-14 any increase of water caused by the connection without danger to
3-15 canals and drains or lands adjacent to them.
3-16 (b) The engineer shall supervise and direct the enlargement
3-17 of the canals and drains, and after the work is completed to his
3-18 satisfaction, the engineer shall report to the board [commissioners
3-19 court] under his official certificate. The report shall show:
3-20 (1) the kind of work done;
3-21 (2) the extent of the work;
3-22 (3) the new capacity to be sufficient to carry excess
3-23 water from the connecting drain;
3-24 (4) the number of days spent by the engineer
3-25 supervising the work; and
3-26 (5) the amount due to the engineer for his services.
3-27 (c) On approving the engineer's report, the board
3-28 [commissioners court] shall issue an order authorizing the
3-29 connections to be made with the canals and drains on payment of the
3-30 amount due to the engineer as shown by the engineer's report and
3-31 shall order the applicant to pay the engineer's salary.
3-32 SECTION 12. Subchapter K, Chapter 56, Water Code, is amended
3-33 to read as follows:
3-34 SUBCHAPTER K. CONSOLIDATION OF DISTRICTS
3-35 Sec. 56.801. CONSOLIDATION OF DISTRICTS. Two or more
3-36 districts governed by this chapter may consolidate into one
3-37 district as provided by this subchapter.
3-38 Sec. 56.802. CONSOLIDATION BY AGREEMENT. (a) The boards of
3-39 the districts proposed to be consolidated may initiate
3-40 consolidation.
3-41 (b) The board of each district proposed to be consolidated
3-42 must agree on the terms and conditions of consolidation. The
3-43 consolidation agreement may include adoption of a name for the
3-44 consolidated district and designation of election precincts for the
3-45 consolidated district. After the boards have agreed to the terms
3-46 and conditions of consolidation, the boards jointly shall order an
3-47 election to be held in each district to determine whether the
3-48 districts should be consolidated.
3-49 Sec. 56.803. CONSOLIDATION BY PETITION. (a) Consolidation
3-50 may be initiated by a petition requesting that the districts be
3-51 consolidated.
3-52 (b) The petition must be signed by a number of qualified
3-53 voters in each district proposed to be consolidated that is equal
3-54 to at least five percent of the number of votes cast in the
3-55 district in the most recent gubernatorial general election. There
3-56 must be one petition for each district proposed to be consolidated.
3-57 A qualified voter may sign only the petition for the district in
3-58 which the voter resides.
3-59 (c) The petitions shall be filed simultaneously with the
3-60 secretary of each district proposed to be consolidated.
3-61 (d) A district's board shall determine whether the petition
3-62 presented to that district meets the requirements of Subsection (b)
3-63 and shall notify the board of each other district proposed to be
3-64 consolidated whether the petition meets the requirements of
3-65 Subsection (b).
3-66 (e) If the petitions meet the requirements of Subsection (b)
3-67 in all districts proposed to be consolidated, the boards of the
3-68 districts proposed to be consolidated shall:
3-69 (1) issue a joint order for an election to be held on
4-1 the same day in each district to determine whether the districts
4-2 should be consolidated; and
4-3 (2) give notice of the election in the manner provided
4-4 by law for other elections.
4-5 Sec. 56.804. TIME OF HOLDING ELECTION; COST OF ELECTION.
4-6 (a) The election shall be held on a uniform election day in January
4-7 or May.
4-8 (b) The election date selected must provide sufficient time
4-9 for the preparation of the necessary voter registration lists for
4-10 each district.
4-11 (c) Each district proposed to be consolidated is responsible
4-12 for holding the election in that district and for the cost of the
4-13 election in that district.
4-14 Sec. 56.805. BALLOT. The ballot in the election shall be
4-15 printed to permit voting for or against the proposition:
4-16 "Consolidation of ___________ (names of districts to be
4-17 consolidated) into a single drainage district."
4-18 Sec. 56.806. CANVASS; RESULT. (a) The board of each
4-19 district proposed to be consolidated shall canvass the returns of
4-20 the election held in that district. The board of each district
4-21 shall publish the results for that district.
4-22 (b) If the majority of votes cast in each district favor the
4-23 consolidation, the districts become one district and are governed
4-24 as one district.
4-25 (c) If the proposition does not carry, another election for
4-26 consolidation may not be held in any district that was proposed to
4-27 be consolidated for at least two years after the results of the
4-28 election are declared.
4-29 Sec. 56.807. GOVERNING CONSOLIDATED DISTRICTS; ELECTION OF
4-30 DIRECTORS. (a) When two or more districts are consolidated, they
4-31 become one district and are governed as one district.
4-32 (b) Until the directors of the consolidated district are
4-33 elected and qualify, the directors of each district shall continue
4-34 to act jointly as directors of the consolidated district. A
4-35 vacancy on the joint boards occurring before the permanent
4-36 directors of the consolidated district are elected may not be
4-37 filled unless the number of members on the joint board is three or
4-38 fewer. If the number of members on the joint board is reduced to
4-39 three or fewer, the consolidated district shall be governed by
4-40 three directors. If there are fewer than three directors,
4-41 vacancies shall be filled in the same manner as vacancies on
4-42 elected boards until there are three directors.
4-43 (c) The joint board shall immediately order an election of
4-44 directors of the consolidated district to be held on the next
4-45 available uniform election date as provided for election of
4-46 directors under Chapter 49.
4-47 (d) The consolidation agreement may provide that the
4-48 directors of the original districts continue to act jointly as
4-49 directors of the consolidated district until the next election.
4-50 The agreement may name persons to serve as directors of the
4-51 consolidated district until the next election if all directors of
4-52 the original districts agree to resign.
4-53 (e) The joint board of the consolidated district shall
4-54 approve the bond of each new director.
4-55 (f) If any of the consolidated districts were operating
4-56 under Section 59, Article XVI, Texas Constitution, at the time the
4-57 districts were consolidated, the consolidated district shall
4-58 operate under Section 59, Article XVI, Texas Constitution, and
4-59 limitations imposed by Section 52, Article III, Texas Constitution,
4-60 and this chapter on debts to be incurred and taxes to be levied do
4-61 not apply to that district unless, not later than the 60th day
4-62 after the districts are consolidated, the board of directors of the
4-63 consolidated district adopts a resolution that the consolidated
4-64 district shall operate under Section 52, Article III, Texas
4-65 Constitution.
4-66 Sec. 56.808. TITLE TO PROPERTY; ASSUMPTION OF DEBT. (a)
4-67 Title to all property of the consolidating districts vests in the
4-68 consolidated district. The consolidated district assumes and is
4-69 liable for the outstanding indebtedness of the consolidating
5-1 districts.
5-2 (b) All enforceable contract rights held or owned by a
5-3 consolidating district are owned and held by the consolidated
5-4 district. The consolidated district is liable for contractual
5-5 obligations of a consolidating district.
5-6 Sec. 56.809. UNEXPENDED BOND PROCEEDS. Any money received
5-7 from the sale of bonds by a consolidating district that has not
5-8 been spent before the date of consolidation may be spent by the
5-9 consolidated district only on the project for which the bonds were
5-10 issued.
5-11 Sec. 56.810. FISCAL YEAR; BUDGET. (a) A consolidated
5-12 district shall adopt a fiscal year. The fiscal year may be
5-13 provided for in the consolidation agreement or adopted by the board
5-14 of the consolidated district after the consolidation election.
5-15 (b) The fiscal year of each district that has been
5-16 consolidated ends on the last day of the month in which the
5-17 consolidation election was held. Audits of each district that was
5-18 consolidated shall be prepared up to and through the last day of
5-19 the month in which the consolidation election was held. The first
5-20 audit of the consolidated district shall be for the period
5-21 beginning on the first day of the month after the consolidation
5-22 election and ending on the last day of the fiscal year adopted for
5-23 the consolidated district.
5-24 (c) A budget shall be adopted for the period beginning on
5-25 the first day of the month after the consolidation election and
5-26 continuing through the end of the fiscal year adopted for the
5-27 consolidated district.
5-28 [Sec. 56.801. PETITION. Consolidation is initiated by a
5-29 petition requesting an election on the question. The petition must
5-30 be signed by registered voters residing in either district proposed
5-31 to be consolidated equal in number to at least five percent of the
5-32 number of votes received in the district by all candidates in the
5-33 most recent gubernatorial general election. The petition must be
5-34 presented to the commissioners court.]
5-35 [Sec. 56.802. ELECTION ORDER; NOTICE. (a) If the
5-36 commissioners court determines the petition meets the requirements
5-37 of Section 56.801, the commissioners court shall:]
5-38 [(1) issue an order for an election to be held on the
5-39 same day in each district included in the proposed consolidated
5-40 district; and]
5-41 [(2) give notice of the election.]
5-42 [(b) The ballot in the election shall be printed to permit
5-43 voting for or against the proposition: "Consolidation of
5-44 __________ (names of districts) into a single drainage district."]
5-45 [Sec. 56.803. CANVASS; RESULT. (a) The commissioners court
5-46 shall canvass the returns of the election. The commissioners shall
5-47 publish the results separately for each district.]
5-48 [(b) If the majority of votes cast in each district favor
5-49 the consolidation, the commissioners court shall declare the
5-50 districts consolidated.]
5-51 [Sec. 56.804. TITLE TO PROPERTY; ASSUMPTION OF DEBT. Title
5-52 to all property of the consolidating districts vests in the
5-53 consolidated district. The consolidated district assumes and is
5-54 liable for the outstanding indebtedness of the consolidating
5-55 districts.]
5-56 SECTION 13. Sections 56.070, 56.071, 56.072, 56.073, 56.112,
5-57 56.117, 56.118, 56.127, and 56.181, Water Code, are repealed.
5-58 SECTION 14. This Act takes effect September 1, 1999.
5-59 SECTION 15. The importance of this legislation and the
5-60 crowded condition of the calendars in both houses create an
5-61 emergency and an imperative public necessity that the
5-62 constitutional rule requiring bills to be read on three several
5-63 days in each house be suspended, and this rule is hereby suspended.
5-64 * * * * *