By Eiland H.B. No. 3738
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 related 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. SHORT TITLE. This act may be cited as the
1-6 Coastal County Conservation District act.
1-7 SECTION 2. LEGISLATIVE FINDINGS; PURPOSES. (a) The
1-8 creation of a coastal county conservation district is declared to
1-9 be essential to the accomplishment of the purposes of Article XVI,
1-10 Section 59, and Article III, Section 52-a, of the Texas
1-11 Constitution and to the accomplishment of the other public purposes
1-12 stated in this act.
1-13 (b) The creation of each district is necessary to promote,
1-14 develop, encourage, and maintain employment, commerce, economic
1-15 development, and the public welfare in the commercial and
1-16 residential areas of this state bordering on the coastal waters of
1-17 the state.
1-18 (c) The creation of districts and this act may not be
1-19 interpreted to relieve any county or municipality from providing
1-20 services to an area included in the district or to release the
1-21 county or municipality from the obligation it has to provide
2-1 services to that area. A district is created to supplement and not
2-2 supplant the services of the county or municipality.
2-3 (d) All of the land and other property to be included within
2-4 the boundaries of a district will be benefited by the works and
2-5 projects that are to be accomplished and the services to be
2-6 provided by the district under powers conferred by Article XVI,
2-7 Section 59, and Article III, Section 52-a, of the Texas
2-8 Constitution and other powers granted under this act.
2-9 (e) A district is created to serve a public use and benefit.
2-10 (f) The creation of each district is essential to further
2-11 the public purposes of development and diversification of the
2-12 economy of the state, the elimination of unemployment and
2-13 underemployment, and the development or expansion of commerce and
2-14 is in the public interest.
2-15 (i) The creation of each district is necessary to protect
2-16 the state's natural resources through beach, sand dune, and shore
2-17 renourishment, sand dune protection, vegetation, and stabilization,
2-18 and all other forms of beach and shore protection, erosion
2-19 abatement, and reclamation, as well as through the construction and
2-20 maintenance of bulkheads, jetties, breakwaters, seawalls, and all
2-21 other facilities that protect beaches from erosion.
2-22 (j) The creation of each district is necessary to promote,
2-23 develop and encourage navigation along the state's coastal waters,
2-24 bays and inlets, including the deepening and widening of navigation
2-25 channels.
3-1 (k) Each improvement project or service authorized by this
3-2 act is found and declared to carry out a public purpose.
3-3 SECTION 3. CONSTRUCTION OF ACT. (a) This act shall be
3-4 liberally construed in conformity with the findings and purposes in
3-5 this act.
3-6 (b) If any provision of general law is in conflict or
3-7 inconsistent with this act, this act prevails. Any general law not
3-8 in conflict or inconsistent with this act is adopted and
3-9 incorporated by reference.
3-10 SECTION 4. DEFINITIONS. In this act:
3-11 (1) "Board" means a board of directors of a district.
3-12 (2) "Bond" means any type of interest-bearing
3-13 obligation, including a bond, note, bond anticipation note,
3-14 certificate of participation, lease, contract, or other evidence of
3-15 indebtedness.
3-16 (3) "Commission" means the Texas Natural Resources
3-17 Conservation Commission.
3-18 (4) "County" means the governing body of an eligible
3-19 coastal county.
3-20 (5) "District" means a conservation management
3-21 district created under this act.
3-22 (6) "Eligible coastal county" means a county that
3-23 borders the Gulf of Mexico and has a beach parks board.
3-24 SECTION 5. GOVERNMENTAL AGENCY; TORT CLAIMS. (a) A
3-25 district is a governmental agency, a body politic and corporate,
4-1 and a political subdivision of the state.
4-2 (b) A district is a unit of government for purposes of
4-3 Chapter 101, Civil Practice and Remedies Code (Texas Tort Claims
4-4 Act), and operations of a district are considered to be essential
4-5 governmental functions and not proprietary functions for all
4-6 purposes, including the application of the Texas Tort Claims Act.
4-7 SECTION 6. AREAS ELIGIBLE FOR CREATION OF DISTRICT.
4-8 A district may be created only in an eligible coastal
4-9 county.
4-10 SECTION 7. PETITION. (a) Before a district may be created,
4-11 the county must receive a petition requesting creation of the
4-12 district.
4-13 (b) The petition must be signed by:
4-14 (1) the owners of a majority of the assessed value of
4-15 the real property in the proposed district, according to the most
4-16 recent certified county property tax rolls; or
4-17 (2) 50 persons who own real property in the proposed
4-18 district if, according to the most recent certified county property
4-19 tax rolls, more than 50 persons own real property in the proposed
4-20 district.
4-21 (c) The petition must:
4-22 (1) describe the boundaries of the proposed district
4-23 by metes and bounds or, if there is a recorded map or plat and
4-24 survey of the area, by lot and block number;
4-25 (2) state the specific purposes for which the district
5-1 will be created;
5-2 (3) state the general nature of the work, projects, or
5-3 services proposed to be provided, the necessity for those services,
5-4 and the costs as estimated by the persons filing the petition;
5-5 (4) include a name of the district; and
5-6 (5) include a proposed list of initial directors.
5-7 SECTION 8. COUNTY HEARING; NOTICE. The county or a person
5-8 authorized by the county shall set a date, time, and place for a
5-9 hearing to consider each petition received. The county or
5-10 authorized person shall issue a notice of the date, time, and place
5-11 of hearing.
5-12 SECTION 9. PUBLICATION OF NOTICE. (a) The county or
5-13 authorized person shall publish notice of the hearing in a
5-14 newspaper of general circulation in the county in which the
5-15 proposed district is located. The publication must occur not later
5-16 than the 31st day before the date on which the hearing will be
5-17 held.
5-18 (b) Not later than the 30th day before the date of the
5-19 hearing, the petitioner shall send the notice of the hearing by
5-20 certified mail, return receipt requested, to each person who owns
5-21 real property in the proposed district, according to the most
5-22 recent certified county property tax rolls, other than a property
5-23 owner who signed the petition for creation. The tax assessor and
5-24 collector shall certify from the tax rolls ownership of property on
5-25 the date the petition is filed with the county.
6-1 SECTION 10. HEARING. (a) At a hearing set under this act,
6-2 the county shall examine the petition to determine its sufficiency.
6-3 Any interested person may appear before the county and offer
6-4 testimony.
6-5 (b) The county has jurisdiction to determine each issue
6-6 relating to the creation of the district.
6-7 (c) If after the hearing the county finds that the district
6-8 is feasible and necessary and would be a benefit to all or any part
6-9 of the land proposed to be included in the district and benefit the
6-10 public, the county shall make that finding and grant the petition.
6-11 The county may create the district over only a portion of the area
6-12 described in the petition.
6-13 SECTION 11. ORDER; INITIAL DIRECTORS. If the county grants
6-14 the petition, the county in the order creating the district shall
6-15 appoint the initial directors.
6-16 SECTION 12. BOUNDARIES. The boundaries of a district are as
6-17 prescribed by the county order creating the district. The county
6-18 may issue a subsequent order changing the boundaries of the
6-19 district.
6-20 SECTION 13. ANNEXATION. A district may annex land as
6-21 provided by Chapter 49, Water Code, subject to the approval of the
6-22 county.
6-23 SECTION 14. EXCLUDING TERRITORY. (a) At any time during
6-24 which a district does not have outstanding bonds, the board on its
6-25 own motion may call a hearing on the question of the exclusion of
7-1 land from the district in the manner provided by Chapter 49, Water
7-2 Code, if the exclusions are practicable, just, or desirable.
7-3 (b) The board shall call a hearing on the exclusion of land
7-4 or other property from the district if a landowner or property
7-5 owner in the district files with the secretary of the board a
7-6 written petition requesting the hearing before the issuance of
7-7 bonds.
7-8 SECTION 15. NUMBER OF DIRECTORS; TERMS. A district is
7-9 governed by a board of seven directors who serve staggered
7-10 four-year terms.
7-11 SECTION 16. TERMS OF INITIAL DIRECTORS. The initial
7-12 directors shall be divided into one group of four directors and one
7-13 group of three directors; the group of four directors serves four-
7-14 year terms, and the group of three directors serves two-year terms.
7-15 The grouping of initial directors and terms for the directors in
7-16 each group shall be determined by the county.
7-17 SECTION 17. QUALIFICATIONS OF DIRECTOR. To be qualified to
7-18 serve as a director, a person must be at least 18 years old and:
7-19 (1) a resident of the district; or
7-20 (2) an owner of property in the district;
7-21 SECTION 18. APPOINTMENT OF DIRECTORS. (a) The initial and
7-22 each succeeding members of the board of directors shall be
7-23 appointed by the county.
7-24 (b) Board members may serve successive terms.
7-25 SECTION 19. REMOVAL OF DIRECTOR. The county after notice
8-1 and hearing may remove a director for misconduct or failure to
8-2 carry out the director's duties on petition by a majority of the
8-3 remaining directors.
8-4 SECTION 20. BOARD VACANCY. A vacancy in the office of
8-5 director shall be filled by the remaining members of the board for
8-6 the unexpired term.
8-7 SECTION 21. DIRECTOR'S BOND AND OATH. (a) As soon as
8-8 practicable after a director is appointed, the director shall
8-9 execute a $10,000 bond payable to the district and conditioned on
8-10 the faithful performance of the director's duties.
8-11 (b) Each director's bond must be approved by the board, and
8-12 each director shall take the oath of office prescribed by the
8-13 constitution for public officers.
8-14 (c) The bond and oath shall be filed with the district and
8-15 retained in its records.
8-16 SECTION 22. OFFICERS. After directors are appointed and
8-17 have qualified by executing a bond and taking the oath, they shall
8-18 organize by electing a president, a vice-president, a secretary,
8-19 and any other officers the board considers necessary.
8-20 SECTION 23. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
8-21 EXPENSES. In accordance with Section 49.060, Water Code, a
8-22 director is entitled to compensation for service on the board and
8-23 is entitled to be reimbursed for necessary expenses incurred in
8-24 carrying out the duties and responsibilities of a director.
8-25 SECTION 24. QUORUM. One-half of the directors constitutes a
9-1 quorum, and a concurrence of a majority of a quorum of directors is
9-2 required for any official action of the district.
9-3 SECTION 25. GENERAL POWERS OF DISTRICT. (a) A district has
9-4 the rights, powers, privileges, authority, and functions conferred
9-5 by the general law of this state applicable to conservation and
9-6 reclamation districts created under Article XVI, Section 59, of the
9-7 Texas Constitution, including those conferred by Chapter 54, Water
9-8 Code, with respect to the purposes for which it is created.
9-9 (b) The district may contract and manage its affairs and
9-10 funds for any corporate purpose in accordance with Chapter 54,
9-11 Water Code.
9-12 SECTION 26. SPECIFIC POWERS. (a) A district has the powers
9-13 necessary or convenient to carry out and effect the purposes and
9-14 provisions of this act, including the powers granted in this
9-15 section.
9-16 (b) A district has perpetual succession.
9-17 (c) A district may sue and be sued in courts of competent
9-18 jurisdiction, may institute and prosecute suits without giving
9-19 security for costs, and may appeal from a judgment without giving
9-20 supersedeas or cost bond.
9-21 (d) A district may incur liabilities, borrow money on terms
9-22 and conditions the board determines, and issue notes, bonds, or
9-23 other obligations.
9-24 (e) A district may acquire by grant, purchase, gift, devise,
9-25 lease, or otherwise, and may hold, use, sell, lease, or dispose of
10-1 real and personal property, and licenses, patents, rights, and
10-2 interests necessary, convenient, or useful for the full exercise of
10-3 any of its powers under this act.
10-4 (f) A district may acquire, construct, complete, develop,
10-5 own, operate, and maintain permanent improvements and provide
10-6 services inside and outside its boundaries.
10-7 (g) A district may enter into agreements with a person or
10-8 entity, public or private, for the joint use of facilities,
10-9 installations, and property.
10-10 (h) A district may enter contracts, leases, and agreements
10-11 with and accept grants and loans from the United States and its
10-12 departments and agencies, the state and its agencies, counties,
10-13 municipalities, and political subdivisions, public or private
10-14 corporations, and other persons and may perform all acts necessary
10-15 for the full exercise of the powers vested in it on terms and
10-16 conditions and for the term the board may determine to be
10-17 advisable.
10-18 (i) A district may acquire property under conditional sales
10-19 contracts, leases, equipment trust certificates, or any other form
10-20 of contract or trust agreement.
10-21 (j) A district may sell, lease, convey, or otherwise dispose
10-22 of any of its rights, interests, or properties that are not needed
10-23 for or, in the case of leases, that are not inconsistent with the
10-24 efficient operation and maintenance of the district's improvements.
10-25 A district may sell, lease, or otherwise dispose of any surplus
11-1 material or personal or real property not needed for its
11-2 requirements or for the purpose of carrying out its powers under
11-3 this act.
11-4 (k) A district may procure and pay premiums to insurers for
11-5 insurance of any type in amounts considered necessary or advisable
11-6 by the board.
11-7 (l) A district may do anything necessary, convenient, or
11-8 desirable to carry out the powers expressly granted or implied by
11-9 this act.
11-10 SECTION 27. USE AND ALTERATION OF LAND AND PUBLIC WAYS. (a)
11-11 The district is given the authority to construct all improvements
11-12 and facilities necessary to accomplish the purposes for which it
11-13 was created on lands, whether publicly or privately owned.
11-14 (b) Before constructing an improvement or facility on lands
11-15 owned by the county, the state, a municipality, or another
11-16 political subdivision, a district must obtain approval from the
11-17 relevant government entity of the plans and specifications of such
11-18 improvement or facility.
11-19 (c) If a district, in exercising any of the powers conferred
11-20 by this act, requires the relocation, adjustment, raising,
11-21 lowering, rerouting, or changing the grade of or altering the
11-22 construction of any street, alley, highway, overpass, underpass, or
11-23 road, any railroad track, bridge, or other facilities or property,
11-24 any electric lines, conduits, or other facilities or property, any
11-25 telephone or telegraph lines, conduits, or other facilities or
12-1 property, any gas transmission or distribution pipes, pipelines,
12-2 mains, or other facilities or property, any water, sanitary sewer
12-3 or storm sewer pipes, pipelines, mains, or other facilities, or
12-4 property, any cable television lines, cables, conduits, or other
12-5 facilities or property, or any other pipelines and any facilities
12-6 or properties relating to those pipelines, those relocations,
12-7 adjustments, raising, lowering, rerouting, or changing of grade, or
12-8 altering of construction must be accomplished at the sole cost and
12-9 expense of the district, and damages that are suffered by the
12-10 owners of the property or facilities shall be borne by the
12-11 district.
12-12 SECTION 28. NO EMINENT DOMAIN POWER. A district may not
12-13 exercise the power of eminent domain; however, the county may
12-14 exercise its power of eminent domain to implement a district
12-15 facility or improvement.
12-16 SECTION 29. MANAGEMENT BY BOARD OF DIRECTORS. The
12-17 responsibility for the management, operation, and control of the
12-18 property belonging to a district is vested in the board.
12-19 SECTION 30. SPECIFIC POWERS AND DUTIES OF BOARD. (a) The
12-20 board may:
12-21 (1) employ all persons, firms, partnerships, or
12-22 corporations considered necessary by the board for the conduct of
12-23 the affairs of the district, including a general manager,
12-24 bookkeepers, auditors, engineers, attorneys, financial advisers,
12-25 peace or traffic control officers, architects, and operating or
13-1 management companies and prescribe the duties, tenure, and
13-2 compensation of each;
13-3 (2) dismiss employees;
13-4 (3) adopt a seal for the district;
13-5 (4) invest funds of the district in any investments
13-6 authorized by Subchapter A, Chapter 2256, Government Code and
13-7 provide, by resolution, that an authorized representative manage
13-8 the district's funds and invest and reinvest the funds of the
13-9 district on terms the board considers advisable;
13-10 (5) establish a fiscal year for the district;
13-11 (6) establish a complete system of accounts for the
13-12 district and each year shall have prepared an audit of the
13-13 district's affairs, which shall be open to public inspection, by an
13-14 independent certified public accountant or a firm of independent
13-15 certified public accountants; and
13-16 (7) designate one or more banks to serve as the
13-17 depository bank or banks.
13-18 (b) Funds of a district shall be deposited in the depository
13-19 bank or banks unless otherwise required by orders or resolutions
13-20 authorizing the issuance of the district's bonds or notes. To the
13-21 extent that funds in the depository bank or banks are not insured
13-22 by the Federal Deposit Insurance Corporation, they must be secured
13-23 in the manner provided by law for the security of funds of
13-24 counties. The board by resolution may authorize a designated
13-25 representative to supervise the substitution of securities pledged
14-1 to secure the district's funds.
14-2 (c) The board may adopt and enforce reasonable rules and
14-3 regulations governing the administration of the district and its
14-4 programs and projects.
14-5 (d) The name of the district may be established or changed
14-6 by resolution of the board.
14-7 SECTION 31. HEARINGS EXAMINER; ADMINISTRATIVE PROCEDURE ACT.
14-8 (a) The board may appoint a hearings examiner to conduct any
14-9 hearing called by the board, including a hearing required by
14-10 Chapter 395, Local Government Code. The hearings examiner may be
14-11 an employee of the district or a member of the district's board.
14-12 (b) The hearing shall be conducted in accordance with
14-13 Chapter 2001, Government Code.
14-14 SECTION 32. GENERAL POWERS RELATING TO ASSESSMENTS. (a)
14-15 The board may levy and collect an assessment for any purpose
14-16 authorized by this act.
14-17 (b) The board of a district may undertake improvement
14-18 projects and services that confer a special benefit on all or a
14-19 definable part of the district. The board may levy and collect
14-20 special assessments on property in that area, based on the benefit
14-21 conferred by the improvement project or services, to pay all or
14-22 part of the cost of the project and services. If the board
14-23 determines that there is a benefit to the district, the district
14-24 may provide improvements and services to an area outside the
14-25 boundaries of the district.
15-1 SECTION 33. SPECIFIC POWERS RELATING TO ASSESSMENTS. (a)
15-2 An improvement project or services provided by the district may
15-3 include the construction, acquisition, improvement, relocation,
15-4 operation, maintenance, or provision of:
15-5 (1) crosswalks; seawalls; sand dune, beach, and shore
15-6 stabilization and renourishment; sand dune construction,
15-7 vegetation, protection, and stabilization; beach and shore erosion
15-8 abatement; bulkheads, jetties, and breakwaters; geotubes; and
15-9 navigation projects, including the deepening and widening of
15-10 navigation channels; and other similar improvements; and
15-11 (2) expenses incurred in the establishment,
15-12 administration, maintenance, and operation of the district or any
15-13 of its improvements, projects, or services.
15-14 SECTION 34. PROPOSED ASSESSMENTS. Services or improvement
15-15 projects may be financed under this act after a hearing notice
15-16 given as required by this act and a public hearing by the board on
15-17 the advisability of the improvements and services and the proposed
15-18 assessments.
15-19 SECTION 35. PETITION REQUIRED. The board may not finance
15-20 services and improvement projects under this act unless a written
15-21 petition has been filed with the board requesting those
15-22 improvements or services signed by at least 25 persons who own real
15-23 property in the district if, according to the most recent certified
15-24 property tax rolls, more than 25 persons own real property in the
15-25 district.
16-1 SECTION 36. ASSESSMENT ELECTION. (a) Assessments may not
16-2 be levied unless approved by a majority of the qualified voters in
16-3 the district voting at an election held for that purpose unless a
16-4 written petition has been filed with the board requesting the
16-5 improvements or services which is signed by the owners of 50
16-6 percent or more of the assessed value of the property in the
16-7 district to be assessed as determined from the most recent
16-8 certified county property tax rolls.
16-9 (b) Elections required by this section shall be conducted in
16-10 accordance with Chapter 376, Local Government Code.
16-11 SECTION 37. NOTICE OF HEARING. (a) Notice of the hearing
16-12 shall be given in a newspaper with general circulation in the
16-13 county in which the district is located. The final publication
16-14 must be made not later than the 30th day before the date of the
16-15 hearing.
16-16 (b) The notice must include:
16-17 (1) the time and place of the hearing;
16-18 (2) the general nature of the proposed improvement
16-19 project or services;
16-20 (3) the estimated cost of the improvement, including
16-21 interest during construction and associated financing costs; and
16-22 (4) the proposed method of assessment.
16-23 (c) Written notice containing the information required by
16-24 this section shall be mailed by certified mail, return receipt
16-25 requested, not later than the 30th day before the date of the
17-1 hearing. The notice shall be mailed to each property owner in the
17-2 district who will be subject to assessment at the current address
17-3 of the property to be assessed as reflected on the tax rolls.
17-4 SECTION 38. CONCLUSION OF HEARING; FINDINGS. (a) A hearing
17-5 on the services or improvement project, whether conducted by the
17-6 board or a hearings examiner, may be adjourned from time to time.
17-7 (b) At the conclusion of the hearing, the board shall make
17-8 findings by resolution or order relating to the advisability of the
17-9 improvement project or services, the nature of the improvement
17-10 project or services, the estimated cost, the area benefited, the
17-11 method of assessment, and the method and time for payment of the
17-12 assessment.
17-13 (c) If a hearings examiner is appointed to conduct the
17-14 hearing, after conclusion of the hearing, the hearings examiner
17-15 shall file with the board a report stating the examiner's findings
17-16 and conclusions.
17-17 SECTION 39. AREA TO BE ASSESSED. (a) The area of the
17-18 district to be assessed according to the findings of the board may
17-19 be the entire district or any part of the district and may be less
17-20 than the area proposed in the notice of the hearing.
17-21 (b) Except as provided by Subsection (c), the area to be
17-22 assessed may not include property that is not within the district
17-23 boundaries at the time of the hearing unless there is an additional
17-24 hearing, preceded by the required notice.
17-25 (c) The owner of improvements constructed or land annexed to
18-1 the district after the district has imposed assessments may waive
18-2 the right to notice and an assessment hearing and may agree to the
18-3 imposition and payment of assessments at an agreed rate for
18-4 improvements constructed or land annexed to the district.
18-5 SECTION 40. OBJECTIONS; LEVY OF ASSESSMENT. (a) At a
18-6 hearing on proposed assessments, at any adjournment of the hearing,
18-7 or after consideration of the hearings examiner's report, the board
18-8 shall hear and rule on all objections to each proposed assessment.
18-9 (b) The board may amend proposed assessments for any parcel.
18-10 (c) After all objections have been heard and action has been
18-11 taken with regard to those objections, the board, by order or
18-12 resolution, shall levy the assessments as special assessments on
18-13 the property and shall specify the method of payment of the
18-14 assessments and may provide that those assessments be paid in
18-15 periodic installments, including interest.
18-16 (d) Periodic installments must be in amounts sufficient to
18-17 meet annual costs for services and improvements as provided by this
18-18 act and continue for the number of years required to retire
18-19 indebtedness or pay for the services to be rendered. The board may
18-20 provide interest charges or penalties for failure to make timely
18-21 payment and also may levy an amount to cover delinquencies and
18-22 expenses of collection.
18-23 (e) If assessments are levied for more than one service or
18-24 improvement project, the board may provide that assessments
18-25 collected for one service or improvement project may be borrowed to
19-1 be used for another service or improvement project.
19-2 (f) The board shall establish a procedure for the
19-3 distribution or use of any assessments in excess of those necessary
19-4 to finance the services or improvement project for which those
19-5 assessments were collected.
19-6 SECTION 41. APPORTIONMENT OF COST. The portion of the cost
19-7 of an improvement project or services to be assessed against the
19-8 property in the district shall be apportioned by the board based on
19-9 the special benefits accruing to the property because of the
19-10 improvement project or services. The cost may be assessed:
19-11 (1) equally by front foot or by square foot of land
19-12 area against all property in the district;
19-13 (2) against property according to the value of the
19-14 property as determined by the board, with or without regard to
19-15 structures or other improvements on the property; or
19-16 (3) on any other reasonable assessment plan that
19-17 results in imposing fair and equitable shares of the cost on
19-18 property similarly benefited.
19-19 SECTION 42. ASSESSMENT ROLL. If the total cost of an
19-20 improvement project or services is determined, the board shall levy
19-21 the assessments against each parcel of land against which an
19-22 assessment may be levied in the district. With regard to an
19-23 assessment for services, the board may levy an annual assessment
19-24 that may be lower but not higher than the initial assessment. The
19-25 board shall have an assessment roll prepared showing the
20-1 assessments against each property and the board's basis for the
20-2 assessment. The assessment roll shall be filed with the secretary
20-3 of the board or other officer who performs the function of
20-4 secretary and be open for public inspection.
20-5 SECTION 43. INTEREST ON ASSESSMENTS; LIEN. (a) Assessments
20-6 bear interest at a rate specified by the board that may not exceed
20-7 the interest rate permitted by Chapter 3, Acts of the 61st
20-8 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
20-9 Civil Statutes).
20-10 (b) Interest on an assessment between the effective date of
20-11 the order or resolution levying the assessment and the date the
20-12 first installment and any related penalty is payable shall be added
20-13 to the first installment. The interest or penalties on all unpaid
20-14 installments shall be added to each subsequent installment until
20-15 paid.
20-16 (c) Assessments, reassessments or assessments resulting from
20-17 an addition to or correction of the assessment roll by the
20-18 district, penalties and interest on an assessment or reassessment,
20-19 expenses of collection, and reasonable attorneys' fees incurred by
20-20 the district:
20-21 (1) are a first and prior lien against the property
20-22 assessed;
20-23 (2) are superior to any other lien or claim other than
20-24 a lien or claim for county, school district, or municipal ad
20-25 valorem taxes; and
21-1 (3) are the personal liability of and charge against
21-2 the owners of the property even if the owners are not named in the
21-3 assessment proceedings.
21-4 (d) The lien is effective from the date of the resolution of
21-5 the board levying the assessment until the assessment is paid. the
21-6 board may enforce the lien in the same manner that the board may
21-7 enforce an ad valorem tax lien against real property.
21-8 (e) The owner of any property assessed may pay at any time
21-9 the entire assessment against any lot or parcel with accrued
21-10 interest to the date of the payment.
21-11 SECTION 44. SUPPLEMENTAL ASSESSMENTS. After notice and
21-12 hearing in the manner required for original assessments, the board
21-13 may make supplemental assessments to correct omissions or mistakes
21-14 in the assessment:
21-15 (1) relating to the total cost of the improvement
21-16 project or services; or
21-17 (2) covering delinquencies or costs of collection.
21-18 SECTION 45. APPEAL. (a) After determination of an
21-19 assessment, a property owner may appeal the assessment to the
21-20 board. The property owner must file a notice of appeal with the
21-21 board not later than the 30th day after the date that the
21-22 assessment is adopted. The board shall set a date to hear the
21-23 appeal.
21-24 (b) The property owner may appeal the board's decision on
21-25 the assessment to a court of competent jurisdiction. The property
22-1 owner must file notice of the appeal with the court of competent
22-2 jurisdiction not later than the 30th day after the date of the
22-3 board's final decision with respect to the assessment.
22-4 (c) Failure to file either of the notices in the time
22-5 required by this section results in a loss of the right to appeal
22-6 the assessment.
22-7 (d) If an assessment against a parcel of land is set aside
22-8 by a court of competent jurisdiction, found excessive by the board,
22-9 or determined to be invalid by the board, the board may make a
22-10 reassessment or new assessment of the parcel.
22-11 SECTION 46. APPEAL OF ORDER. If notice has been given as
22-12 required by this act, a person against whom an assessment is made
22-13 by board order may appeal the assessment to a district court in the
22-14 county in which the district is located in the manner provided for
22-15 the appeal of contested cases under Chapter 2001, Government Code.
22-16 Review by the district court is by trial de novo.
22-17 SECTION 47. PUBLIC UTILITIES. The district may not impose
22-18 an assessment on the property, equipment, or facilities of a public
22-19 utility, as defined by Section 2.0011 or 3.007, Public Utility
22-20 Regulatory Act of 1995 (Article 144C-O, Vernon's Texas Civil
22-21 Statutes).
22-22 SECTION 48. GOVERNMENTAL ENTITIES; ASSESSMENTS. Payment of
22-23 assessments by municipalities, counties, other political
22-24 subdivisions, and organizations exempt from federal income tax
22-25 under Section 501(c)(3), Internal Revenue Code of 1986, shall be
23-1 established by contract. Municipalities, counties, and other
23-2 political subdivisions may contract with the district under terms
23-3 and conditions those entities consider advisable to provide for the
23-4 payment of assessments.
23-5 SECTION 49. FUNDS AVAILABLE FOR PAYMENT OF PROJECTS AND
23-6 SERVICES. (a) The cost of any improvement project or services,
23-7 including interest during construction and costs of issuance of
23-8 bonds, may be paid from general or available funds, assessments, or
23-9 the proceeds of bonds payable from revenues, assessments, grants,
23-10 gifts, contracts, leases, or any combination of those funds.
23-11 (b) During the progress of an improvement project or
23-12 services, the board may issue temporary notes to pay the costs of
23-13 the improvement project or services and issue bonds on completion.
23-14 (c) The costs of more than one improvement project or
23-15 service may be paid from a single issue and sale of bonds without
23-16 other consolidation proceedings before the bond issue.
23-17 SECTION 50. BONDS. (a) For the payment of all or part of
23-18 the costs of an improvement project or services, the board may
23-19 issue bonds in one or more series payable from and secured by
23-20 assessments, revenues, grants, gifts, contracts, leases, or any
23-21 combination of those funds. Bonds may be liens on all or part of
23-22 the revenue derived from improvements authorized under this act,
23-23 including installment payments of special assessments or from any
23-24 other source pledged to their payment.
23-25 (b) The district shall have the power to issue bonds and
24-1 they shall be approved in the manner set forth in Subchapter J,
24-2 Chapter 375, Local Government Code.
24-3 (c) Bonds shall be issued and approved by the board of
24-4 directors of the district without the consent of the county, any
24-5 municipality, or the Texas Natural Resources Conservation
24-6 Commission.
24-7 SECTION 51. COMPETITIVE BIDDING ON CERTAIN PUBLIC WORKS
24-8 CONTRACTS. Contracts of the district are subject to the
24-9 competitive bidding requirements of Chapter 49, Water Code.
24-10 SECTION 52. SUPERSEDES OTHER LAW. This act states the
24-11 required procedures necessary for the district to award contracts
24-12 and supersedes any law or other requirement with respect to award
24-13 of contracts.
24-14 SECTION 53. ELECTION TO APPROVE ISSUANCE OF BONDS. (a)
24-15 Bonds secured by assessments may not be issued unless:
24-16 (1) approved by a majority of the qualified voters in
24-17 the district voting at an election held for that purpose; or
24-18 (2) the district received a petition requesting the
24-19 assessment and the issuance of bonds which is signed by the owners
24-20 of 50 percent or more of the assessed value of the property in the
24-21 district to be assessed as determined from the most recent
24-22 certified county property tax rolls.
24-23 (b) Bonds not secured by assessments are not subject to the
24-24 requirement of an election and may be issued without an election.
24-25 (c) An election required by this section shall be conducted
25-1 in accordance with Chapter 376, Local Government Code.
25-2 SECTION 54. DISSOLUTION BY BOARD VOTE. Except as limited by
25-3 this act, the board of a district by majority vote may dissolve the
25-4 district at any time.
25-5 SECTION 55. DISSOLUTION BY COUNTY ORDER. (a) Except as
25-6 limited by this act, the county in which a district is located, by
25-7 a vote of not less than two-thirds, may adopt a resolution
25-8 dissolving the district.
25-9 SECTION 56. LIMITATION. A district may not be dissolved by
25-10 its board or by a county if the district has any outstanding bonded
25-11 indebtedness until that bonded indebtedness has been repaid or
25-12 defeased in accordance with the order or resolution authorizing the
25-13 issuance of the bonds.
25-14 SECTION 57. CONTRACTS WITH DISTRICT. (a) A municipality,
25-15 county, or any other political subdivision of the state, without
25-16 further authorization, may contract with the district to implement
25-17 a project of the district or aid and assist the district in
25-18 providing the services authorized under this act. A contract under
25-19 this section may:
25-20 (1) be for a period on which the parties agree;
25-21 (2) include terms on which the parties agree;
25-22 (3) be payable from assessments or any other sources
25-23 of revenue that may be available for such purpose; or
25-24 (4) provide that assessments or other revenue
25-25 collected at a district project or from a person using or
26-1 purchasing a commodity or service at a district project may be paid
26-2 or rebated to the district under the terms of the contract.
26-3 (c) The district may enter into a contract, lease, or
26-4 agreement with or make or accept grants and loans to or from:
26-5 (1) the United States, including federal departments
26-6 and agencies;
26-7 (2) the state or a state agency;
26-8 (3) a county, municipality, or other political
26-9 subdivision of the state;
26-10 (4) a public or private corporation; and
26-11 (5) any other person.
26-12 (d) The district may perform all acts necessary for the full
26-13 exercise of the powers vested in the district on terms and
26-14 conditions and for the term the board may determine to be
26-15 advisable.
26-16 SECTION 58. EMERGENCY. The importance of this legislation
26-17 and the crowded condition of the calendars in both houses create an
26-18 emergency and an imperative public necessity that the
26-19 constitutional rule requiring bills to be read on three several
26-20 days in each house be suspended, and this rule is hereby suspended,
26-21 and that this act take effect and be in force from and after its
26-22 passage and it is so enacted.