1-1 AN ACT
1-2 relating to powers and duties of the Jefferson County Drainage
1-3 District No. 7.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 3, 4, and 13, Chapter 34, Acts of the
1-6 57th Legislature, 3rd Called Session, 1962, are amended to read as
1-7 follows:
1-8 Sec. 3. Said Jefferson County Drainage District No. 7 with
1-9 the boundaries set forth in Section 1 of this Act (hereinafter
1-10 sometimes referred to as the "District") is hereby created and
1-11 established as a District pursuant to and under the provisions of
1-12 Section 59 of Article XVI, Constitution of Texas, and in addition
1-13 to the powers and rights as given under General Law pertaining to
1-14 drainage districts that are not in conflict with the provisions of
1-15 this Act, shall be authorized to exercise the following powers,
1-16 privileges and functions:
1-17 (a) To provide protection to lands and properties
1-18 within the boundaries of the District against flood and overflow
1-19 from tide waters, rainwaters and other waters, and to construct,
1-20 operate and maintain drainage and seawall structures and facilities
1-21 to carry out these purposes.
1-22 (b) To construct, extend, improve, operate, maintain,
1-23 reconstruct, or cause to be constructed, extended, improved and
1-24 operated canals, ditches, laterals, drains, levees, seawalls,
2-1 bridges, culverts, pump stations, and other structures necessary or
2-2 convenient to the exercise of its powers, rights, privileges and
2-3 functions.
2-4 (c) To cooperate and contract with any department or
2-5 agency of the State of Texas, or any political subdivision thereof,
2-6 or any municipal corporation to carry out any purpose for which the
2-7 District is organized, and to assist the municipalities that are
2-8 located wholly or in part within the boundaries of the District by
2-9 providing such outfall drainage facilities and seawall protection
2-10 deemed advisable by the District, provided that this shall not be
2-11 construed to deprive such municipalities of their right, privilege
2-12 and obligation to carry out the normal drainage functions of a
2-13 municipality.
2-14 (d) To acquire within the District land in fee simple
2-15 title, easements, right-of-ways, and any other character of
2-16 property needed to carry on the work of the District by way of
2-17 gift, devise, purchase, leasehold or condemnation, within the
2-18 District or outside the District if the land outside the District
2-19 sought to be condemned is for drainage ditches and drainage canals
2-20 only and is adjacent to the District. The right of eminent domain
2-21 is hereby expressly conferred on said District and the procedure
2-22 with reference to condemnation, the assessment of and estimating of
2-23 damages, payment, appeal, the entering upon the property pending
2-24 appeal and all other procedure prescribed in Title 52 of the
2-25 Revised Civil Statutes of Texas, 1925, as heretofore or hereafter
2-26 amended, shall apply to said District except as otherwise provided
2-27 herein.
3-1 (e) To overflow or inundate any public lands and
3-2 public property; to require the relocation of roads, highways and
3-3 bridges, and to construct culverts, ditches, levees, canals,
3-4 seawalls and other facilities over, across or along any public
3-5 streams, roads or highways.
3-6 (f) To sell, trade or otherwise dispose of land or
3-7 other property or rights therein when the same are no longer needed
3-8 in carrying out the functions of the District.
3-9 (g) To cooperate with and contract with the United
3-10 States of America or with any of its agencies now existing, or
3-11 which may be created hereafter, for grants, loans, or advancements
3-12 to carry out any of the powers or to further any of the purposes of
3-13 this Act and to receive and use said moneys for such purposes; or
3-14 to contribute to the United States of America or any of its
3-15 agencies in connection with any project undertaken by it affecting
3-16 or relating to drainage or protection from tides and flood waters.
3-17 (h) All canals, drains, ditches and levees made,
3-18 cleaned or constructed by the District, shall be public property of
3-19 such District; and every person owning land and every subdivision
3-20 created within the District shall have the right to drain into one
3-21 or more of such public drains at their own expense, provided before
3-22 such drains are connected to the District's drainage system
3-23 approval must first be had from the Commissioners of the District.
3-24 (i) To employ managerial, engineering, fiscal agents,
3-25 technical, legal and other personnel deemed necessary to the
3-26 conduct of the District's affairs, including the issuance and sale
3-27 of bonds and related matters; and to formulate rules and
4-1 regulations governing hours of work, vacations, holidays, sick
4-2 leave and rate of compensation for such personnel. To fix the
4-3 amount of surety bonds of all employees of the District acting in
4-4 fiduciary matters.
4-5 (j) To purchase necessary land, buildings, supplies,
4-6 materials and equipment and machinery necessary to carry out the
4-7 functions of the District. All purchases and contracts shall be
4-8 made in accordance with Chapter 49 [Section 50.061], Water Code.
4-9 (k) To disburse moneys of the District on checks,
4-10 drafts, orders or other instruments issued in accordance with
4-11 Chapter 49, Water Code [signed by a majority of the District's
4-12 Commissioners and the manager or assistant manager of the District
4-13 with the approval of the Auditor or Assistant Auditor of Jefferson
4-14 County upon his ascertaining that there are available funds and
4-15 that the amount so paid by the said check, draft or instrument is
4-16 in accordance with the authorizing instrument].
4-17 (l) To provide for and administer a retirement,
4-18 disability and death compensation fund for the employees of the
4-19 District as the governing body of the District may from time to
4-20 time determine; and the governing body of said District shall have
4-21 power and authority to adopt such plan or plans to effectuate the
4-22 purpose of this Act, including such forms of insurance or
4-23 annuities, (either or both), all as may be determined advisable by
4-24 the governing body of the District, or, if they so choose, to
4-25 become a part of the county retirement system of Jefferson County;
4-26 providing that said governing body of the District shall have the
4-27 power and authority from time to time, after notice to their
5-1 employees and the hearing thereon, to change any such plan, rule or
5-2 regulation. This Section is enacted in anticipation of the
5-3 adoption of pending constitutional amendment and laws.
5-4 All funds provided from the compensation of such
5-5 employees, and such funds provided by the District from its
5-6 operating and maintenance fund, for such retirement, disability and
5-7 death compensation fund, after they are received by the District,
5-8 shall be invested in either or both of the following ways:
5-9 (1) In bonds of the United States, the State of
5-10 Texas, or county or city, or other governmental subdivisions of
5-11 this state, or in bonds issued by any agency of the United States
5-12 government, the payment of the principal and interest on which is
5-13 guaranteed by the United States, provided that a sufficient amount
5-14 of said fund shall be kept on hand to meet the immediate payment of
5-15 amounts likely to become due each year out of said fund, such
5-16 amounts of funds to be kept on hand to be determined by the
5-17 governing body of the District; or
5-18 (2) In such life insurance policies, endowment
5-19 or annuity contracts or interest-bearing certificates of Legal
5-20 Reserve Life Insurance Companies or companies authorized to write
5-21 such contracts in Texas, as may be determined by the governing body
5-22 of the District; providing that said governing body of the District
5-23 shall have power and authority, from time to time, as they may deem
5-24 advisable, to change from one of said ways of investment to the
5-25 other, or any combination of the two.
5-26 (m) To include hospitalization, medical and accident
5-27 insurance, including workmen's compensation insurance, for their
6-1 employees as part of the compensation currently paid to such
6-2 employees, all as may be provided for in any plan, rule or
6-3 regulation from time to time made by said Commissioners, or
6-4 otherwise as said Commissioners may determine, provided that said
6-5 Commissioners shall have power and authority from time to time to
6-6 change any such plan, rule or regulation. This Section is enacted
6-7 in anticipation of the adoption of pending constitutional amendment
6-8 and laws.
6-9 (n) To do any and all other acts or things necessary
6-10 or proper to carry into effect the purposes for which the District
6-11 is organized.
6-12 Sec. 4. The management and control of the District shall be
6-13 vested in five Commissioners. Except as provided by this Act, the
6-14 General Laws of the State of Texas relating to the Commissioners of
6-15 drainage districts shall apply to the Commissioners of the
6-16 District. The Commissioners are elected in accordance with
6-17 Subchapter D, Chapter 49, Water Code. Not [The present
6-18 Commissioners of the District shall remain in office for the
6-19 remainder of their terms of office, and the provisions of Sections
6-20 56.061 through 56.063, Water Code, and Article 8161b, Sec. 7,
6-21 Revised Civil Statutes of Texas, 1925, as amended, shall apply to
6-22 the Commissioners of the District. Section 56.064, Water Code, as
6-23 amended, shall apply to this District, except that the
6-24 Commissioners Court shall order the election on petition of at
6-25 least 20 percent of the real property taxpayers of the district,
6-26 and that five Commissioners shall be elected at large if an
6-27 election is ordered under that section, with the Commissioners
7-1 Court selecting the fifth Commissioner from the persons tying for
7-2 fifth place in the event of a tie. After the expiration of the
7-3 terms of the present Commissioners, no] more than one Commissioner
7-4 shall be [appointed and/or] elected from any one municipality as
7-5 long as five municipalities exist within the district.
7-6 Commissioners serve four-year terms. For all purposes, a quorum
7-7 for doing business shall consist of a majority of the Commission.
7-8 Sec. 13. The [County Treasurer of Jefferson County shall be
7-9 the] treasurer of the District[, and he] shall keep an accurate
7-10 account of all moneys received by him belonging to the District and
7-11 all amounts paid out by said District. All moneys disbursed by the
7-12 District shall be on checks, drafts, orders or other instruments
7-13 issued in accordance with Chapter 49, Water Code. Section 49.157,
7-14 Water Code, applies to deposits and investments of the District.
7-15 Subchapter G, Chapter 49, Water Code, applies to audits of the
7-16 District's fiscal accounts and records. Sections 56.070-56.072,
7-17 Water Code, do not apply to the District [signed by a majority of
7-18 the District's Commissioners and the Manager or Assistant Manager
7-19 of the District and countersigned by the Auditor or Assistant
7-20 Auditor of Jefferson County. The County Auditor shall carefully
7-21 preserve on file all orders for the payment of money, and as often
7-22 as required by the Commissioners of the District or the
7-23 Commissioners Court, he shall render a correct account to them of
7-24 all matters pertaining to the financial condition of the District.
7-25 The County Treasurer shall execute a good and sufficient surety
7-26 bond payable to the District in an amount to be fixed by the
7-27 Commissioners Court of Jefferson County conditioned for the
8-1 faithful performance of his duty as Treasurer. He shall be
8-2 entitled to pay for his services in accordance with Article 8148,
8-3 Revised Civil Statutes of Texas, 1925].
8-4 SECTION 2. (a) This Act takes effect September 1, 1999.
8-5 (b) The commissioners of the Jefferson County Drainage
8-6 District No. 7 on the effective date of this Act shall serve until
8-7 the first election of commissioners of the district held on or
8-8 after the effective date of this Act.
8-9 (c) The first election of commissioners of the district held
8-10 on or after the effective date of this Act shall be held according
8-11 to Section 4, Chapter 34, Acts of the 57th Legislature, 3rd Called
8-12 Session, 1962, as that section existed immediately before the
8-13 effective date of this Act. The commissioners elected at that
8-14 election shall serve until the second election of commissioners
8-15 held on or after the effective date of this Act.
8-16 (d) The second election of commissioners of the district
8-17 held on or after the effective date of this Act shall be held on a
8-18 date provided by Section 49.103, Water Code, in the second
8-19 even-numbered year after the year in which the first election of
8-20 commissioners is held. The commissioners elected at that election
8-21 shall serve four-year terms.
8-22 (e) The third and subsequent elections of commissioners of
8-23 the district held on or after the effective date of this Act shall
8-24 be held on a date provided by Section 49.103, Water Code.
8-25 SECTION 3. The importance of this legislation and the
8-26 crowded condition of the calendars in both houses create an
8-27 emergency and an imperative public necessity that the
9-1 constitutional rule requiring bills to be read on three several
9-2 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3847 was passed by the House on May
8, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3847 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor