By Williams                                           H.B. No. 3842
         76R12245 WP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the board of supervisors and the powers of the
 1-3     Brookshire-Katy Drainage District; providing a civil penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 203, Acts of the 57th Legislature,
 1-6     Regular Session, 1961, is amended by adding Section 1A to read as
 1-7     follows:
 1-8           Sec. 1A.  The legislature finds that the boundaries of the
 1-9     District as described in Section 1 of this Act and the field notes
1-10     relating to those boundaries form a closure, and any mistake made
1-11     in copying the field notes in the legislative process, or a mistake
1-12     otherwise made in the field notes, does not affect the
1-13     organization, existence, or validity of the District, or the
1-14     authority of the District to take any action authorized by this Act
1-15     and the General Laws, or in any other manner affect the legality or
1-16     operation of the District or its governing body, it being the
1-17     intention of the legislature that all of the land included in the
1-18     District as created in 1961 be included in those boundaries.
1-19           SECTION 2.  Section 2, Chapter 203, Acts of the 57th
1-20     Legislature, Regular Session, 1961, is amended to read as follows:
1-21           Sec. 2.  Said District shall be considered to be organized
1-22     and existing for the sole purpose of the reclamation and drainage
1-23     of its overflowed lands and other lands needing drainage, and to
1-24     accomplish such purpose the District shall have and exercise, and
 2-1     is hereby vested with, all of the rights, powers, privileges, and
 2-2     duties conferred and imposed by the General Laws of the State of
 2-3     Texas, now in force or hereafter enacted, applicable to fresh water
 2-4     supply districts created under authority of Section 59 of Article
 2-5     XVI, Constitution of Texas, including Chapters 49 and 53, Water
 2-6     Code, but to the extent that the provisions of such General Laws
 2-7     may be in conflict or inconsistent with the provisions of this Act,
 2-8     the provisions of this Act shall prevail.   All such General Laws
 2-9     are hereby incorporated with the same effect as if incorporated in
2-10     full in this Act.  Without limiting the generalization of the
2-11     foregoing, it is expressly provided that all said powers now or
2-12     hereafter conferred by such General Laws upon fresh water supply
2-13     districts for the purpose of conserving, transporting and
2-14     distributing fresh water are hereby specifically conferred upon
2-15     this District for the purpose of reclaiming and draining its
2-16     overflowed lands and other lands needing drainage.  [In the event
2-17     that the District, in the exercise of the power of eminent domain
2-18     or power of relocation, or any other power granted hereunder, makes
2-19     necessary the relocation, raising, re-routing or changing the grade
2-20     of, or altering the construction of any highway, railroad, electric
2-21     transmission line, telephone or telegraph properties and
2-22     facilities, or pipeline, all such necessary relocation, raising,
2-23     re-routing, changing of grade or alteration of construction shall
2-24     be accomplished at the sole expense of the District.  The term
2-25     "sole expense" shall mean the actual cost of such relocation,
2-26     raising, lowering, re-routing, or change in grade or alteration of
2-27     construction in providing comparable replacement without
 3-1     enhancement of such facilities, after deducting therefrom the net
 3-2     salvage value derived from the old facility.  The exercise of the
 3-3     power of eminent domain shall not extend beyond the boundaries of
 3-4     the authority, as defined herein.]
 3-5           SECTION 3.  Section 4, Chapter 203, Acts of the 57th
 3-6     Legislature, Regular Session, 1961, is amended to read as follows:
 3-7           Sec. 4.  The Assessor and Collector of taxes of Waller County
 3-8     shall, ex officio, be the Assessor and Collector of taxes for the
 3-9     District.  For services to the District in assessing and collecting
3-10     taxes for the District, the Assessor and Collector may deduct from
3-11     all taxes collected on the current year's tax rolls an amount of
3-12     money to which the Board of Supervisors agrees, not to exceed the
3-13     amount provided by the General Laws relative to the assessment,
3-14     levy, and collection of ad valorem taxes.  For the collection of
3-15     delinquent taxes the Assessor and Collector may receive
3-16     compensation in the same manner as the Assessor and Collector
3-17     receives for collecting delinquent State and County taxes.  The
3-18     Assessor and Collector may not duplicate a charge made for costs of
3-19     suit related to enforcement of State and County taxes.  [The blanks
3-20     used by the Assessor and Collector to accept rendition of property
3-21     for taxation by the County shall be printed so as to show that the
3-22     rendition of property situated in the District is also made for the
3-23     benefit of the District.  The property which is situated in the
3-24     District shall be clearly indicated on the approved tax rolls in
3-25     the office of the Assessor and Collector.  The value of property
3-26     situated in the District as equalized by the Board of Equalization
3-27     of Waller County, finally approved by the Commissioners Court of
 4-1     Waller County and as extended on the approved tax rolls of Waller
 4-2     County shall constitute the assessed values of such property for
 4-3     purposes of District taxation.  Within five (5) days after the
 4-4     approval of the report of the Board of Equalization by the
 4-5     Commissioners Court of the County, the Assessor and Collector of
 4-6     taxes shall certify to the District the total assessed valuation of
 4-7     property situated in the District according to such approved
 4-8     rolls.]
 4-9           SECTION 4.  Section 5, Chapter 203, Acts of the 57th
4-10     Legislature, Regular Session, 1961, is amended to read as follows:
4-11           Sec. 5.  Taxes shall be levied and collected under the
4-12     provisions of the General Laws applicable to fresh water districts,
4-13     including Chapters 49 and 53, Water Code, and when an election is
4-14     required by the General Laws, before taxes may be levied, the
4-15     District must hold an election.  The total amount of taxes levied
4-16     by the District for all purposes shall never in any one (1) year
4-17     exceed seventy-five cents (75 ) on the one hundred dollar valuation
4-18     of taxable property within the District.  [No such tax shall be
4-19     levied, however, until authorized at an election called for that
4-20     purpose by the Board of Supervisors, at which a majority of the
4-21     qualified voters voting at such election vote in favor of the levy
4-22     and collection of such tax.  For his services rendered to the
4-23     District in assessing and collecting taxes for the District, the
4-24     Assessor and Collector shall be entitled to deduct from all taxes
4-25     thus collected on the current year's tax rolls a sum as agreed upon
4-26     by the Board of Supervisors, not to exceed the amount provided by
4-27     the General Laws relative to the assessment, levy and collection of
 5-1     ad valorem taxes, and for the collection of delinquent taxes
 5-2     compensation in like manner to that which he receives in collecting
 5-3     delinquent State and County taxes, provided that no duplicated
 5-4     charge shall be made for costs of suit where a charge is made in
 5-5     reference to enforcement of State and County taxes.]
 5-6           SECTION 5.  Chapter 203, Acts of the 57th Legislature,
 5-7     Regular Session, 1961, is amended by adding Sections 6A, 6B, 6C,
 5-8     and 6D to read as follows:
 5-9           Sec. 6A.  (a)  On or after September 1, 1999, a person may
5-10     not construct drainage facilities or improvements on or to serve a
5-11     tract of land in the District unless the District has approved the
5-12     plans and specifications for the drainage facilities or
5-13     improvements.
5-14           (b)  The District may adopt reasonable rules and set
5-15     reasonable standards to provide for adequate drainage construction
5-16     in accordance with standard engineering practices.  The rules and
5-17     standards may require the drainage plan to be generally compatible
5-18     with the District's master plan.
5-19           (c)  The District by rule may establish procedures for
5-20     presenting plans and specifications to the District and for review
5-21     and disposition of the plans and specifications by the District.
5-22           (d)  The District, after review by its engineer, shall
5-23     determine the cost of any drainage facilities or improvements and
5-24     recommend to the appropriate governing body with jurisdiction over
5-25     the subdivision that a surety bond or other approved security in
5-26     that amount for the construction of drainage facilities or
5-27     improvements be secured in the name of the governing body.  If the
 6-1     governing body does not secure a bond, the District may secure a
 6-2     bond for the cost of construction of drainage facilities or
 6-3     improvements.
 6-4           (e)  The District may refuse to approve plans and
 6-5     specifications that do not comply with District rules.  The
 6-6     District may refuse to approve plans and specifications until all
 6-7     applicable fees have been paid.
 6-8           (f)  This section does not apply to:
 6-9                 (1)  agricultural activity; or
6-10                 (2)  any other activity that does not create an
6-11     aggregate impervious area of more than one acre.
6-12           (g)  This section does not limit the authority or
6-13     jurisdiction of a municipality or county to regulate plans and
6-14     specifications for the construction of drainage facilities or
6-15     improvements other than facilities owned or maintained by the
6-16     District.  The District's rules and standards for the construction
6-17     of drainage facilities or improvements do not apply to a facility
6-18     or improvement not owned or maintained by the District inside the
6-19     corporate limits of a municipality unless the governing body of the
6-20     municipality or county requires the person to submit the plans and
6-21     specifications for drainage construction to the District.
6-22           Sec. 6B.  (a)  Rules adopted by the District must be
6-23     consistent with Chapters 49 and 53, Water Code.
6-24           (b)  The District may not exercise its power of eminent
6-25     domain outside the District without the express consent of the
6-26     governing body of the municipality or the commissioners court of
6-27     the county in which the territory being condemned is located.
 7-1           Sec. 6C.  (a)  A person who violates this Act or a rule
 7-2     adopted under this Act is liable to the District for a civil
 7-3     penalty of not less than $10 or more than $200 for each offense.
 7-4     Each day a violation continues is a separate offense.  A penalty
 7-5     under this section is in addition to any other penalty authorized
 7-6     by law.
 7-7           (b)  The District may sue in a district court to enjoin a
 7-8     violation or threatened violation of this Act or a rule adopted
 7-9     under this Act.  The District may sue for injunctive relief and a
7-10     civil penalty in the same proceeding.
7-11           (c)  If the District sues to recover a civil penalty or for
7-12     injunctive  relief under this Act, or to recover any fee or charge
7-13     under this Act, the court may include in any final judgment in
7-14     favor of the District an award for damages, the recovery of court
7-15     costs, and reasonable attorney's fees.
7-16           Sec. 6D.  The Code Construction Act (Chapter 311, Government
7-17     Code) applies to this Act.
7-18           SECTION 6.  (a)  The changes in law added by this Act do not
7-19     invalidate, infringe upon, or change the rights, duties, powers, or
7-20     privileges of any municipality, county, or other political
7-21     subdivision of this state as provided by the constitution of this
7-22     state or other laws governing those political subdivisions.
7-23           (b)  The maintenance tax authorized by the voters of the
7-24     district at the August 12, 1961, election, is validated by this Act
7-25     for the purposes and in the amount authorized at that election.
7-26           SECTION 7.  (a)  The changes in law made by this Act take
7-27     effect only upon a majority vote by the qualified voters of the
 8-1     District at an election called and held for that purpose.
 8-2           (b)  As soon as possible after the passage of this Act by the
 8-3     76th Legislature, the Board of Supervisors of the Brookshire-Katy
 8-4     Drainage District shall order an election on the question of
 8-5     approving the changes to the law made by this Act.
 8-6           (c)  An election ordered under Subsection (b) of this section
 8-7     shall be held on the next uniform election date under Section
 8-8     41.001, Election Code, that is on or after the 45th day following
 8-9     the date the election is ordered.
8-10           (d)  If a majority of the votes cast at the election favor
8-11     the changes made by this Act, this Act shall take effect 45 days
8-12     after the date of the election.
8-13           (e)  If a majority of the votes cast at the election are
8-14     against the changes made by this Act, the board of supervisors may
8-15     call and hold subsequent elections to confirm this Act.  A
8-16     subsequent election may not be held earlier than the first
8-17     anniversary after the date on which the previous election was held.
8-18     If the changes made by this Act are not approved by September 1,
8-19     2001, this Act expires.
8-20           (f)  Except as provided by this section, an election held
8-21     under this Act must be conducted as provided by the Election Code.
8-22           SECTION 8.  The importance of this legislation and the
8-23     crowded condition of the calendars in both houses create an
8-24     emergency and an imperative public necessity that the
8-25     constitutional rule requiring bills to be read on three several
8-26     days in each house be suspended, and this rule is hereby suspended,
8-27     and that this Act take effect and be in force from and after its
 9-1     passage, and it is so enacted.