76R11519 CMR-F
By Eiland H.B. No. 3738
Substitute the following for H.B. No. 3738:
By Counts C.S.H.B. No. 3738
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to counties authorized to create coastal county
1-3 conservation districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 12, Local Government Code, is
1-6 amended by adding Chapter 378 to read as follows:
1-7 CHAPTER 378. COASTAL COUNTY CONSERVATION DISTRICTS
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 378.001. LEGISLATIVE FINDINGS; PURPOSES. (a) The
1-10 creation of coastal county conservation districts is declared to be
1-11 essential to the accomplishment of the purposes of Section 59,
1-12 Article XVI, and Section 52-a, Article III, of the Texas
1-13 Constitution, and to the accomplishment of the other public
1-14 purposes stated in this chapter.
1-15 (b) The creation of each district is necessary to promote,
1-16 develop, encourage, and maintain employment, commerce, economic
1-17 development, and the public welfare in the commercial and
1-18 residential areas of this state bordering on the coastal waters of
1-19 the state.
1-20 (c) The creation of districts and this chapter may not be
1-21 interpreted to relieve any county or municipality from providing
1-22 services to an area included in the district or to release the
1-23 county or municipality from the obligation it has to provide
1-24 services to that area. A district is created to supplement and not
2-1 supplant the services of the county or municipality.
2-2 (d) All of the land and other property to be included within
2-3 the boundaries of a district will be benefited by the works and
2-4 projects that are to be accomplished and the services to be
2-5 provided by the district under powers conferred by Section 59,
2-6 Article XVI, and Section 52-a, Article III, of the Texas
2-7 Constitution, and other powers granted under this chapter.
2-8 (e) A district is created to serve a public use and benefit.
2-9 (f) The creation of each district is essential to further
2-10 the public purposes of development and diversification of the
2-11 economy of the state, the elimination of unemployment and
2-12 underemployment, and the development or expansion of commerce and
2-13 is in the public interest.
2-14 (g) The creation of each district is necessary to protect
2-15 the state's natural resources through beach, sand dune, and shore
2-16 renourishment, sand dune protection, vegetation, and stabilization,
2-17 and all other forms of beach and shore protection, erosion
2-18 abatement, and reclamation, as well as through the construction and
2-19 maintenance of bulkheads, jetties, breakwaters, seawalls, and all
2-20 other facilities that protect beaches from erosion.
2-21 (h) The creation of each district is necessary to promote,
2-22 develop, and encourage navigation along the state's coastal waters,
2-23 bays, and inlets, including the deepening and widening of
2-24 navigation channels.
2-25 (i) Each improvement project or service authorized by this
2-26 chapter is found and declared to carry out a public purpose.
2-27 Sec. 378.002. CONSTRUCTION OF CHAPTER. (a) This chapter
3-1 shall be liberally construed in conformity with the findings and
3-2 purposes in Section 378.001.
3-3 (b) If any provision of general law is in conflict or
3-4 inconsistent with this chapter, this chapter prevails. Any general
3-5 law not in conflict or inconsistent with this chapter is adopted
3-6 and incorporated by reference.
3-7 Sec. 378.003. DEFINITIONS. In this chapter:
3-8 (1) "Board" means a board of directors of a district.
3-9 (2) "Bond" means any type of interest-bearing
3-10 obligation, including a bond, note, bond anticipation note,
3-11 certificate of participation, lease, contract, or other evidence of
3-12 indebtedness.
3-13 (3) "Commission" means the Texas Natural Resource
3-14 Conservation Commission.
3-15 (4) "District" means a conservation management
3-16 district created under this chapter.
3-17 Sec. 378.004. GOVERNMENTAL AGENCY; TORT CLAIMS. (a) A
3-18 district is a governmental agency, a body politic and corporate,
3-19 and a political subdivision of the state.
3-20 (b) A district is a unit of government for purposes of
3-21 Chapter 101, Civil Practice and Remedies Code, and operations of a
3-22 district are considered to be essential governmental functions and
3-23 not proprietary functions for all purposes, including the
3-24 application of the Texas Tort Claims Act.
3-25 SUBCHAPTER B. CREATION OF DISTRICT
3-26 Sec. 378.021. AREAS ELIGIBLE FOR CREATION OF DISTRICT. A
3-27 district may be created only in a county that borders the Gulf of
4-1 Mexico and has a beach parks board.
4-2 Sec. 378.022. PETITION. (a) Before a district may be
4-3 created, the commissioners court must receive a petition requesting
4-4 creation of the district.
4-5 (b) The petition must be signed by:
4-6 (1) the owners of a majority of the assessed value of
4-7 the real property in the proposed district, according to the most
4-8 recent certified county property tax rolls; or
4-9 (2) 50 persons who own real property in the proposed
4-10 district if, according to the most recent certified county property
4-11 tax rolls, more than 50 persons own real property in the proposed
4-12 district.
4-13 (c) The petition must:
4-14 (1) describe the boundaries of the proposed district
4-15 by metes and bounds or, if there is a recorded map or plat and
4-16 survey of the area, by lot and block number;
4-17 (2) state the specific purposes for which the district
4-18 will be created;
4-19 (3) state the general nature of the work, projects, or
4-20 services proposed to be provided, the necessity for those services,
4-21 and the costs as estimated by the persons filing the petition;
4-22 (4) include a name of the district; and
4-23 (5) include a proposed list of initial directors.
4-24 Sec. 378.023. COUNTY HEARING; NOTICE. The commissioners
4-25 court or a person authorized by the commissioners court shall set a
4-26 date, time, and place for a hearing to consider each petition
4-27 received. The commissioners court or authorized person shall issue
5-1 a notice of the date, time, and place of hearing.
5-2 Sec. 378.024. PUBLICATION OF NOTICE. (a) The commissioners
5-3 court or authorized person shall publish notice of the hearing in a
5-4 newspaper of general circulation in the county in which the
5-5 proposed district is located. The publication must occur not later
5-6 than the 31st day before the date on which the hearing will be
5-7 held.
5-8 (b) Not later than the 30th day before the date of the
5-9 hearing, the petitioner shall send the notice of the hearing by
5-10 certified mail, return receipt requested, to each person who owns
5-11 real property in the proposed district, according to the most
5-12 recent certified county property tax rolls, other than a property
5-13 owner who signed the petition for creation. The tax assessor and
5-14 collector shall certify from the tax rolls ownership of property on
5-15 the date the petition is filed with the commissioners court.
5-16 Sec. 378.025. HEARING. (a) At a hearing set under Section
5-17 378.023, the commissioners court shall examine the petition to
5-18 determine its sufficiency. Any interested person may appear before
5-19 the commissioners court and offer testimony.
5-20 (b) The commissioners court has jurisdiction to determine
5-21 each issue relating to the creation of the district.
5-22 (c) If after the hearing the commissioners court finds that
5-23 the district is feasible and necessary and would be a benefit to
5-24 all or any part of the land proposed to be included in the district
5-25 and benefit the public, the commissioners court shall make that
5-26 finding and grant the petition. The commissioners court may create
5-27 the district over only a portion of the area described in the
6-1 petition.
6-2 Sec. 378.026. ORDER; INITIAL DIRECTORS. If the
6-3 commissioners court grants the petition, the commissioners court
6-4 shall appoint the initial directors in the order creating the
6-5 district.
6-6 SUBCHAPTER C. BOUNDARIES
6-7 Sec. 378.041. BOUNDARIES. The boundaries of a district are
6-8 as prescribed by the order creating the district. The
6-9 commissioners court may issue a subsequent order changing the
6-10 boundaries of the district.
6-11 Sec. 378.042. ANNEXATION. A district may annex land as
6-12 provided by Subchapter J, Chapter 49, Water Code, subject to the
6-13 approval of the commissioners court.
6-14 Sec. 378.043. EXCLUDING TERRITORY. (a) At any time during
6-15 which a district does not have outstanding bonds, the board on its
6-16 own motion may call a hearing on the question of the exclusion of
6-17 land from the district in the manner provided by Subchapter J,
6-18 Chapter 49, Water Code, if the exclusions are practicable, just, or
6-19 desirable.
6-20 (b) The board shall call a hearing on the exclusion of land
6-21 or other property from the district if a landowner or property
6-22 owner in the district files with the secretary of the board a
6-23 written petition requesting the hearing before the issuance of
6-24 bonds.
6-25 SUBCHAPTER D. ADMINISTRATIVE PROVISIONS; BOARD OF DIRECTORS
6-26 Sec. 378.061. NUMBER OF DIRECTORS; TERMS. A district is
6-27 governed by a board of seven directors who serve staggered
7-1 four-year terms.
7-2 Sec. 378.062. TERMS OF INITIAL DIRECTORS. The initial
7-3 directors shall be divided into one group of four directors and one
7-4 group of three directors; the group of four directors serves
7-5 four-year terms, and the group of three directors serves two-year
7-6 terms. The grouping of initial directors and terms for the
7-7 directors in each group shall be determined by the county.
7-8 Sec. 378.063. QUALIFICATIONS OF DIRECTORS. To be qualified
7-9 to serve as a director, a person must be at least 18 years old and:
7-10 (1) a resident of the district; or
7-11 (2) an owner of property in the district.
7-12 Sec. 378.064. APPOINTMENT OF DIRECTORS. (a) The initial
7-13 and all succeeding members of the board of directors shall be
7-14 appointed by the commissioners court.
7-15 (b) A director may serve successive terms.
7-16 Sec. 378.065. REMOVAL OF DIRECTOR. The commissioners court
7-17 may remove a director for misconduct or failure to carry out the
7-18 director's duties on petition by a majority of the remaining
7-19 directors and after notice and hearing.
7-20 Sec. 378.066. BOARD VACANCY. A vacancy in the office of
7-21 director shall be filled by appointment by the remaining members of
7-22 the board for the unexpired term.
7-23 Sec. 378.067. DIRECTOR'S BOND AND OATH. (a) As soon as
7-24 practicable after a director is appointed, the director shall
7-25 execute a $10,000 bond payable to the district and conditioned on
7-26 the faithful performance of the director's duties.
7-27 (b) Each director's bond must be approved by the board, and
8-1 each director shall take the oath of office prescribed by the
8-2 constitution for public officers.
8-3 (c) The bond and oath shall be filed with the district and
8-4 retained in its records.
8-5 Sec. 378.068. OFFICERS. After directors are appointed and
8-6 have qualified by executing a bond and taking the oath, they shall
8-7 organize by electing a president, a vice president, a secretary,
8-8 and any other officers the board considers necessary.
8-9 Sec. 378.069. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
8-10 EXPENSES. In accordance with Section 49.060, Water Code, a
8-11 director is entitled to compensation for service on the board and
8-12 is entitled to be reimbursed for necessary expenses incurred in
8-13 carrying out the duties and responsibilities of a director.
8-14 Sec. 378.070. QUORUM. One-half of the directors constitutes
8-15 a quorum, and a concurrence of a majority of a quorum of directors
8-16 is required for any official action of the district.
8-17 SUBCHAPTER E. POWERS AND DUTIES
8-18 Sec. 378.091. GENERAL POWERS OF DISTRICT. (a) A district
8-19 has the rights, powers, privileges, authority, and functions
8-20 conferred by the general law of this state applicable to
8-21 conservation and reclamation districts created under Section 59,
8-22 Article XVI, of the Texas Constitution, including those conferred
8-23 by Chapter 54, Water Code, with respect to the purposes for which
8-24 it is created.
8-25 (b) The district may contract and manage its affairs and
8-26 funds for any corporate purpose in accordance with Chapter 54,
8-27 Water Code.
9-1 Sec. 378.092. SPECIFIC POWERS. (a) A district has the
9-2 powers necessary or convenient to carry out and effect the purposes
9-3 and provisions of this chapter, including the powers granted in
9-4 this section.
9-5 (b) A district has perpetual succession.
9-6 (c) A district may sue and be sued in courts of competent
9-7 jurisdiction, may institute and prosecute suits without giving
9-8 security for costs, and may appeal from a judgment without giving a
9-9 supersedeas or cost bond.
9-10 (d) A district may incur liabilities, borrow money on terms
9-11 and conditions the board determines, and issue notes, bonds, or
9-12 other obligations.
9-13 (e) A district may acquire by grant, purchase, gift, devise,
9-14 lease, or otherwise, and may hold, use, sell, lease, or dispose of
9-15 real and personal property, licenses, patents, rights, and
9-16 interests necessary, convenient, or useful for the full exercise of
9-17 any of its powers under this chapter.
9-18 (f) A district may acquire, construct, complete, develop,
9-19 own, operate, and maintain permanent improvements and provide
9-20 services inside and outside its boundaries.
9-21 (g) A district may enter into agreements with a person or
9-22 entity, public or private, for the joint use of facilities,
9-23 installations, and property.
9-24 (h) A district may enter contracts, leases, and agreements
9-25 with and accept grants and loans from the United States and its
9-26 departments and agencies, the state and its agencies, counties,
9-27 municipalities, and political subdivisions, public or private
10-1 corporations, and other persons and may perform all acts necessary
10-2 for the full exercise of the powers vested in it on terms and
10-3 conditions and for the term the board may determine to be
10-4 advisable.
10-5 (i) A district may acquire property under conditional sales
10-6 contracts, leases, equipment trust certificates, or any other form
10-7 of contract or trust agreement.
10-8 (j) A district may sell, lease, convey, or otherwise dispose
10-9 of any of its rights, interests, or properties that are not needed
10-10 for or, in the case of leases, that are not consistent with, the
10-11 efficient operation and maintenance of the district's improvements.
10-12 A district may sell, lease, or otherwise dispose of any surplus
10-13 material or personal or real property not needed for its
10-14 requirements or for the purpose of carrying out its powers under
10-15 this chapter.
10-16 (k) A district may procure and pay premiums to insurers for
10-17 insurance of any type in amounts considered necessary or advisable
10-18 by the board.
10-19 (l) A district may do anything necessary, convenient, or
10-20 desirable to carry out the powers expressly granted or implied by
10-21 this chapter.
10-22 Sec. 378.093. USE AND ALTERATION OF LAND AND PUBLIC WAYS.
10-23 (a) The district may construct all improvements and facilities
10-24 necessary to accomplish the purposes for which it was created on
10-25 lands, whether publicly or privately owned.
10-26 (b) Before constructing an improvement or facility on lands
10-27 owned by the county, the state, a municipality, or another
11-1 political subdivision, a district must obtain approval from the
11-2 relevant government entity of the plans and specifications of such
11-3 improvement or facility.
11-4 (c) If a district, in exercising any of the powers conferred
11-5 by this chapter, requires the relocation, adjustment, raising,
11-6 lowering, rerouting, or changing the grade of or altering the
11-7 construction of any street, alley, highway, overpass, underpass, or
11-8 road, any railroad track, bridge, or other facilities or property,
11-9 any electric lines, conduits, or other facilities or property, any
11-10 telephone or telegraph lines, conduits, or other facilities or
11-11 property, any gas transmission or distribution pipes, pipelines,
11-12 mains, or other facilities or property, any water, sanitary sewer
11-13 or storm sewer pipes, pipelines, mains, or other facilities, or
11-14 property, any cable television lines, cables, conduits, or other
11-15 facilities or property, or any other pipelines and any facilities
11-16 or properties relating to those pipelines, the relocation,
11-17 adjustment, raising, lowering, rerouting, or changing of grade, or
11-18 altering of construction must be accomplished at the sole cost and
11-19 expense of the district, and damages that are suffered by the
11-20 owners of the property or facilities shall be borne by the
11-21 district.
11-22 Sec. 378.094. NO EMINENT DOMAIN POWER. A district may not
11-23 exercise the power of eminent domain. The county may exercise its
11-24 power of eminent domain to implement a district facility or
11-25 improvement.
11-26 Sec. 378.095. MANAGEMENT BY BOARD OF DIRECTORS. The
11-27 responsibility for the management, operation, and control of the
12-1 property belonging to a district is vested in the board.
12-2 Sec. 378.096. SPECIFIC POWERS AND DUTIES OF BOARD. (a) The
12-3 board may:
12-4 (1) employ all persons, firms, partnerships, or
12-5 corporations considered necessary by the board for the conduct of
12-6 the affairs of the district, including a general manager,
12-7 bookkeepers, auditors, engineers, attorneys, financial advisers,
12-8 peace or traffic control officers, architects, and operating or
12-9 management companies and prescribe the duties, tenure, and
12-10 compensation of each;
12-11 (2) dismiss employees;
12-12 (3) adopt a seal for the district;
12-13 (4) invest the district's money in any investments
12-14 authorized by Subchapter A, Chapter 2256, Government Code, and
12-15 provide, by resolution, that an authorized representative manage
12-16 the district's funds and invest and reinvest the money on terms the
12-17 board considers advisable;
12-18 (5) establish a fiscal year for the district;
12-19 (6) establish a complete system of accounts for the
12-20 district and each year shall have prepared an audit of the
12-21 district's affairs, which shall be open to public inspection, by an
12-22 independent certified public accountant or a firm of independent
12-23 certified public accountants; and
12-24 (7) designate one or more banks to serve as the
12-25 depository bank or banks.
12-26 (b) Money of a district shall be deposited in the depository
12-27 bank or banks unless otherwise required by orders or resolutions
13-1 authorizing the issuance of the district's bonds or notes. To the
13-2 extent that money in the depository bank or banks is not insured by
13-3 the Federal Deposit Insurance Corporation, the money must be
13-4 secured in the manner provided by law for the security of funds of
13-5 counties. The board by resolution may authorize a designated
13-6 representative to supervise the substitution of securities pledged
13-7 to secure the district's money.
13-8 (c) The board may adopt and enforce reasonable rules and
13-9 regulations governing the administration of the district and its
13-10 programs and projects.
13-11 (d) The name of the district may be established or changed
13-12 by resolution of the board.
13-13 Sec. 378.097. HEARINGS EXAMINER; ADMINISTRATIVE PROCEDURE
13-14 ACT. (a) The board may appoint a hearings examiner to conduct any
13-15 hearing called by the board, including a hearing required by
13-16 Chapter 395, Local Government Code. The hearings examiner may be
13-17 an employee of the district or a member of the district's board.
13-18 (b) The hearing shall be conducted in accordance with
13-19 Chapter 2001, Government Code.
13-20 SUBCHAPTER F. ASSESSMENTS
13-21 Sec. 378.111. GENERAL POWERS RELATING TO ASSESSMENTS. (a)
13-22 The board may levy and collect an assessment for any purpose
13-23 authorized by this chapter only if the assessment is approved by
13-24 the commissioners court.
13-25 (b) The board may undertake an improvement project or
13-26 service that confers a special benefit on all or a definable part
13-27 of the district. The board may impose and collect a special
14-1 assessment on property in that area, based on the benefit conferred
14-2 by the improvement project or service, to pay all or part of the
14-3 cost of the project or service. If the board determines that there
14-4 is a benefit to the district, the district may provide an
14-5 improvement or service to an area outside the boundaries of the
14-6 district.
14-7 Sec. 378.112. SPECIFIC POWERS RELATING TO ASSESSMENTS. An
14-8 improvement project or service provided by the district may include
14-9 the construction, acquisition, improvement, relocation, operation,
14-10 maintenance, or provision of:
14-11 (1) crosswalks; seawalls; sand dune, beach, and shore
14-12 stabilization and renourishment; sand dune construction,
14-13 vegetation, protection, and stabilization; beach and shore erosion
14-14 abatement; bulkheads, jetties, and breakwaters; geotubes;
14-15 navigation projects, including the deepening and widening of
14-16 navigation channels; and other similar improvements; and
14-17 (2) expenses incurred in the establishment,
14-18 administration, maintenance, and operation of the district or any
14-19 of its improvements, projects, or services.
14-20 Sec. 378.113. PROPOSED ASSESSMENTS. An improvement project
14-21 or service may be financed under this chapter after notice of a
14-22 hearing is given as required by this subchapter and the board holds
14-23 a public hearing on the advisability of the improvement project or
14-24 service and the proposed assessment.
14-25 Sec. 378.114. PETITION REQUIRED. The board may not finance
14-26 an improvement project or service under this chapter unless a
14-27 written petition has been filed with the board requesting the
15-1 improvement project or service. The petition must be signed by at
15-2 least 25 persons who own real property in the district if more than
15-3 25 persons own real property in the district according to the most
15-4 recent certified property tax rolls.
15-5 Sec. 378.115. ASSESSMENT ELECTION. (a) An assessment may
15-6 not be imposed unless:
15-7 (1) it is approved by a majority of the qualified
15-8 voters in the district voting at an election held for that purpose;
15-9 or
15-10 (2) the board receives a written petition requesting
15-11 the improvement project or service that is signed by the owners of
15-12 50 percent or more of the assessed value of the property in the
15-13 district to be assessed, as determined from the most recent
15-14 certified county property tax rolls.
15-15 (b) An election required by this section must be conducted
15-16 in accordance with Chapter 376.
15-17 Sec. 378.116. NOTICE OF HEARING. (a) Notice of the hearing
15-18 shall be given in a newspaper with general circulation in the
15-19 county in which the district is located. The publication must be
15-20 made not later than the 30th day before the date of the hearing.
15-21 (b) The notice must include:
15-22 (1) the time and place of the hearing;
15-23 (2) the general nature of the proposed improvement
15-24 project or service;
15-25 (3) the estimated cost of the improvement project or
15-26 service, including interest during construction and associated
15-27 financing costs; and
16-1 (4) the proposed method of assessment.
16-2 (c) Written notice containing the information required by
16-3 this section shall be mailed by certified mail, return receipt
16-4 requested, not later than the 30th day before the date of the
16-5 hearing. The notice shall be mailed to each property owner in the
16-6 district who will be subject to assessment at the current address
16-7 of the property to be assessed as reflected on the tax rolls.
16-8 Sec. 378.117. CONCLUSION OF HEARING; FINDINGS. (a) A
16-9 hearing on the improvement project or service, whether conducted by
16-10 the board or a hearings examiner, may be adjourned from time to
16-11 time.
16-12 (b) At the conclusion of the hearing, the board shall make
16-13 findings by resolution or order relating to the advisability of the
16-14 improvement project or service, the nature of the improvement
16-15 project or service, the estimated cost, the area benefited, the
16-16 method of assessment, and the method and time for payment of the
16-17 assessment.
16-18 (c) If a hearings examiner is appointed to conduct the
16-19 hearing, after conclusion of the hearing, the hearings examiner
16-20 shall file with the board a report stating the examiner's findings
16-21 and conclusions.
16-22 Sec. 378.118. AREA TO BE ASSESSED. (a) The area of the
16-23 district to be assessed according to the findings of the board may
16-24 be the entire district or any part of the district and may be less
16-25 than the area proposed in the notice of the hearing.
16-26 (b) Except as provided by Subsection (c), the area to be
16-27 assessed may not include property that is not within the district
17-1 boundaries at the time of the hearing unless there is an additional
17-2 hearing preceded by the required notice.
17-3 (c) The owner of improvements constructed or land annexed to
17-4 the district after the district has imposed an assessment may waive
17-5 the right to notice and an assessment hearing and may agree to the
17-6 imposition and payment of an assessment at an agreed rate for
17-7 improvements constructed or land annexed to the district.
17-8 Sec. 378.119. OBJECTIONS; LEVY OF ASSESSMENT. (a) At a
17-9 hearing on proposed assessments, at any adjournment of the hearing
17-10 or after consideration of the hearings examiner's report, the board
17-11 shall hear and rule on all objections to each proposed assessment.
17-12 (b) The board may amend a proposed assessment for any
17-13 parcel.
17-14 (c) After all objections have been heard and action has been
17-15 taken with regard to those objections, the board, by order or
17-16 resolution, shall levy the assessment as a special assessment on
17-17 the property and shall specify the method of payment of the
17-18 assessment and may provide that the assessment be paid in periodic
17-19 installments, including interest.
17-20 (d) Periodic installments must be in amounts sufficient to
17-21 meet annual costs for services and improvements as provided by this
17-22 chapter and continue for the number of years required to retire
17-23 indebtedness or pay for the services to be rendered. The board may
17-24 provide interest charges or penalties for failure to make timely
17-25 payment and also may impose an amount to cover delinquencies and
17-26 expenses of collection.
17-27 (e) If an assessment is imposed for more than one service or
18-1 improvement project, the board may provide that an assessment
18-2 collected for one improvement project or service may be borrowed to
18-3 be used for another improvement project or service.
18-4 (f) The board shall establish a procedure for the
18-5 distribution or use of any assessment in excess of those necessary
18-6 to finance the improvement project or service for which the
18-7 assessment was collected.
18-8 Sec. 378.120. APPORTIONMENT OF COST. The portion of the
18-9 cost of an improvement project or service to be assessed against
18-10 the property in the district shall be apportioned by the board
18-11 based on the special benefits accruing to the property because of
18-12 the improvement project or service. The cost may be assessed:
18-13 (1) equally by front foot or square foot of land area
18-14 against all property in the district;
18-15 (2) against property according to the value of the
18-16 property as determined by the board, with or without regard to
18-17 structures or other improvements on the property; or
18-18 (3) on any other reasonable assessment plan that
18-19 results in imposing fair and equitable shares of the cost on
18-20 property similarly benefited.
18-21 Sec. 378.121. ASSESSMENT ROLL. If the total cost of an
18-22 improvement project or service is determined, the board shall
18-23 impose the assessment against each parcel of land against which an
18-24 assessment may be imposed in the district. With regard to an
18-25 assessment for services, the board may impose an annual assessment
18-26 that may be lower but not higher than the initial assessment. The
18-27 board shall have an assessment roll prepared showing the assessment
19-1 against each property and the board's basis for the assessment.
19-2 The assessment roll shall be filed with the secretary of the board
19-3 or other officer who performs the function of secretary and be open
19-4 for public inspection.
19-5 Sec. 378.122. INTEREST ON ASSESSMENTS; LIEN. (a) An
19-6 assessment bears interest at a rate specified by the board that may
19-7 not exceed the interest rate permitted by Chapter 3, Acts of the
19-8 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's
19-9 Texas Civil Statutes).
19-10 (b) Interest on an assessment between the effective date of
19-11 the order or resolution imposing the assessment and the date the
19-12 first installment and any related penalty is payable shall be added
19-13 to the first installment. The interest or penalties on all unpaid
19-14 installments shall be added to each subsequent installment until
19-15 paid.
19-16 (c) Assessments, reassessments or assessments resulting from
19-17 an addition to or correction of the assessment roll by the
19-18 district, penalties and interest on an assessment or reassessment,
19-19 expenses of collection, and reasonable attorney's fees incurred by
19-20 the district:
19-21 (1) are a first and prior lien against the property
19-22 assessed;
19-23 (2) are superior to any other lien or claim other than
19-24 a lien or claim for county, school district, or municipal ad
19-25 valorem taxes; and
19-26 (3) are the personal liability of and charge against
19-27 the owners of the property even if the owners are not named in the
20-1 assessment proceedings.
20-2 (d) The lien is effective from the date of the resolution of
20-3 the board imposing the assessment until the assessment is paid.
20-4 The board may enforce the lien in the same manner that the board
20-5 may enforce an ad valorem tax lien against real property.
20-6 (e) The owner of any property assessed may pay at any time
20-7 the entire assessment against any lot or parcel with accrued
20-8 interest to the date of the payment.
20-9 Sec. 378.123. SUPPLEMENTAL ASSESSMENTS. After notice and
20-10 hearing in the manner required for original assessments, the board
20-11 may make supplemental assessments to correct omissions or mistakes
20-12 in the assessment:
20-13 (1) relating to the total cost of the improvement
20-14 project or service; or
20-15 (2) covering delinquencies or costs of collection.
20-16 Sec. 378.124. APPEAL. (a) After determination of an
20-17 assessment, a property owner may appeal the assessment to the
20-18 board. The property owner must file a notice of appeal with the
20-19 board not later than the 30th day after the date that the
20-20 assessment is adopted. The board shall set a date to hear the
20-21 appeal.
20-22 (b) The property owner may appeal the board's decision on
20-23 the assessment to a court of competent jurisdiction. The property
20-24 owner must file notice of the appeal with the court of competent
20-25 jurisdiction not later than the 30th day after the date of the
20-26 board's final decision with respect to the assessment.
20-27 (c) Failure to file either of the notices in the time
21-1 required by this section results in a loss of the right to appeal
21-2 the assessment.
21-3 (d) If an assessment against a parcel of land is set aside
21-4 by a court of competent jurisdiction, found excessive by the board,
21-5 or determined to be invalid by the board, the board may make a
21-6 reassessment or new assessment of the parcel.
21-7 Sec. 378.125. APPEAL OF ORDER. If notice has been given as
21-8 required by this subchapter, a person against whom an assessment is
21-9 made by board order may appeal the assessment to a district court
21-10 in the county in which the district is located in the manner
21-11 provided for the appeal of contested cases under Chapter 2001,
21-12 Government Code. Review by the district court is by trial de novo.
21-13 SUBCHAPTER G. EXEMPTIONS
21-14 Sec. 378.141. PUBLIC UTILITIES. The district may not impose
21-15 an assessment on the property, equipment, or facilities of a public
21-16 utility. For purposes of this subsection, "utility" means a person
21-17 that provides to the public gas, electricity, telephone, sewage, or
21-18 water service.
21-19 Sec. 378.142. GOVERNMENTAL ENTITIES; ASSESSMENTS. Payment
21-20 of assessments by municipalities, counties, other political
21-21 subdivisions, and organizations exempt from federal income tax
21-22 under Section 501(c)(3), Internal Revenue Code of 1986, shall be
21-23 established by contract. Municipalities, counties, and other
21-24 political subdivisions may contract with the district under terms
21-25 and conditions those entities consider advisable to provide for the
21-26 payment of assessments.
21-27 SUBCHAPTER H. FUNDS; BONDS
22-1 Sec. 378.161. FUNDS AVAILABLE FOR PAYMENT OF PROJECTS AND
22-2 SERVICES. (a) The cost of any improvement project or service,
22-3 including interest during construction and costs of issuance of
22-4 bonds, may be paid from general or available funds, assessments, or
22-5 the proceeds of bonds payable from revenues, assessments, grants,
22-6 gifts, contracts, leases, or any combination of those funds.
22-7 (b) During the progress of an improvement project or
22-8 service, the board may issue temporary notes to pay the costs of
22-9 the improvement project or service and issue bonds on completion.
22-10 (c) The costs of more than one improvement project or
22-11 service may be paid from a single issue and sale of bonds without
22-12 other consolidation proceedings before the bond issue.
22-13 Sec. 378.162. BONDS. (a) For the payment of all or part of
22-14 the costs of an improvement project or service, the board may issue
22-15 bonds in one or more series payable from and secured by
22-16 assessments, revenues, grants, gifts, contracts, leases, or any
22-17 combination of those funds. Bonds may be liens on all or part of
22-18 the revenue derived from improvements authorized under this
22-19 chapter, including installment payments of special assessments or
22-20 from any other source pledged to their payment.
22-21 (b) The district shall have the power to issue bonds and
22-22 they shall be approved in the manner set forth in Subchapter J,
22-23 Chapter 375.
22-24 (c) Bonds shall be issued and approved by the board of
22-25 directors of the district without the consent of the county, any
22-26 municipality, or the Texas Natural Resource Conservation
22-27 Commission.
23-1 SUBCHAPTER I. COMPETITIVE BIDDING
23-2 Sec. 378.181. COMPETITIVE BIDDING ON CERTAIN PUBLIC WORKS
23-3 CONTRACTS. Contracts of the district are subject to the
23-4 competitive bidding requirements of Subchapter I, Chapter 49, Water
23-5 Code.
23-6 Sec. 378.182. SUPERSEDES OTHER LAW. This chapter states the
23-7 required procedures necessary for the district to award contracts
23-8 and supersedes any law or other requirement with respect to award
23-9 of contracts.
23-10 SUBCHAPTER J. BOND ELECTION
23-11 Sec. 378.201. ELECTION TO APPROVE ISSUANCE OF BONDS. (a)
23-12 Bonds secured by assessments may not be issued unless:
23-13 (1) the bonds are approved by a majority of the
23-14 qualified voters in the district voting at an election held for
23-15 that purpose; or
23-16 (2) the district receives a petition requesting the
23-17 assessment and the issuance of bonds which is signed by the owners
23-18 of 50 percent or more of the assessed value of the property in the
23-19 district to be assessed, as determined from the most recent
23-20 certified county property tax rolls.
23-21 (b) Bonds that are not secured by assessments are not
23-22 subject to the requirement of an election and may be issued without
23-23 an election.
23-24 (c) An election required by this section shall be conducted
23-25 in accordance with Chapter 376.
23-26 SUBCHAPTER K. DISSOLUTION
23-27 Sec. 378.221. DISSOLUTION BY BOARD VOTE. Except as provided
24-1 by Section 378.223, the board of a district by majority vote may
24-2 dissolve the district at any time.
24-3 Sec. 378.222. DISSOLUTION BY COUNTY ORDER. Except as
24-4 provided by Section 378.223, the commissioners court of the county
24-5 in which a district is located, by a vote of not less than
24-6 two-thirds, may adopt a resolution dissolving the district.
24-7 Sec. 378.223. LIMITATION. A district may not be dissolved
24-8 if the district has any outstanding bonded indebtedness until that
24-9 bonded indebtedness is repaid or defeased in accordance with the
24-10 order or resolution authorizing the issuance of the bonds.
24-11 SUBCHAPTER L. CONTRACTS WITH DISTRICT
24-12 Sec. 378.241. CONTRACTS WITH DISTRICT. (a) A municipality,
24-13 county, or other political subdivision of the state, without
24-14 further authorization, may contract with the district to implement
24-15 a project of the district or aid and assist the district in
24-16 providing the services authorized under this chapter. A contract
24-17 under this section may:
24-18 (1) be for a period on which the parties agree;
24-19 (2) include terms on which the parties agree;
24-20 (3) be payable from assessments or any other sources
24-21 of revenue that may be available for such purpose; or
24-22 (4) provide that assessments or other revenue
24-23 collected at a district project or from a person using or
24-24 purchasing a commodity or service at a district project may be paid
24-25 or rebated to the district under the terms of the contract.
24-26 (b) The district may enter into a contract, lease, or
24-27 agreement with or make or accept grants and loans to or from:
25-1 (1) the United States, including federal departments
25-2 and agencies;
25-3 (2) the state or a state agency;
25-4 (3) a county, municipality, or other political
25-5 subdivision of the state;
25-6 (4) a public or private corporation; or
25-7 (5) any other person.
25-8 (c) The district may perform all acts necessary for the full
25-9 exercise of the powers vested in the district on terms and
25-10 conditions and for the term the board may determine to be
25-11 advisable.
25-12 SECTION 2. The importance of this legislation and the
25-13 crowded condition of the calendars in both houses create an
25-14 emergency and an imperative public necessity that the
25-15 constitutional rule requiring bills to be read on three several
25-16 days in each house be suspended, and this rule is hereby suspended,
25-17 and that this Act take effect and be in force from and after its
25-18 passage, and it is so enacted.