1-1 By: Ritter (Senate Sponsor - Bernsen) H.B. No. 3847
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on Natural
1-4 Resources; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to powers and duties of the Jefferson County Drainage
1-9 District No. 7.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 3, 4, and 13, Chapter 34, Acts of the
1-12 57th Legislature, 3rd Called Session, 1962, are amended to read as
1-13 follows:
1-14 Sec. 3. Said Jefferson County Drainage District No. 7 with
1-15 the boundaries set forth in Section 1 of this Act (hereinafter
1-16 sometimes referred to as the "District") is hereby created and
1-17 established as a District pursuant to and under the provisions of
1-18 Section 59 of Article XVI, Constitution of Texas, and in addition
1-19 to the powers and rights as given under General Law pertaining to
1-20 drainage districts that are not in conflict with the provisions of
1-21 this Act, shall be authorized to exercise the following powers,
1-22 privileges and functions:
1-23 (a) To provide protection to lands and properties
1-24 within the boundaries of the District against flood and overflow
1-25 from tide waters, rainwaters and other waters, and to construct,
1-26 operate and maintain drainage and seawall structures and facilities
1-27 to carry out these purposes.
1-28 (b) To construct, extend, improve, operate, maintain,
1-29 reconstruct, or cause to be constructed, extended, improved and
1-30 operated canals, ditches, laterals, drains, levees, seawalls,
1-31 bridges, culverts, pump stations, and other structures necessary or
1-32 convenient to the exercise of its powers, rights, privileges and
1-33 functions.
1-34 (c) To cooperate and contract with any department or
1-35 agency of the State of Texas, or any political subdivision thereof,
1-36 or any municipal corporation to carry out any purpose for which the
1-37 District is organized, and to assist the municipalities that are
1-38 located wholly or in part within the boundaries of the District by
1-39 providing such outfall drainage facilities and seawall protection
1-40 deemed advisable by the District, provided that this shall not be
1-41 construed to deprive such municipalities of their right, privilege
1-42 and obligation to carry out the normal drainage functions of a
1-43 municipality.
1-44 (d) To acquire within the District land in fee simple
1-45 title, easements, right-of-ways, and any other character of
1-46 property needed to carry on the work of the District by way of
1-47 gift, devise, purchase, leasehold or condemnation, within the
1-48 District or outside the District if the land outside the District
1-49 sought to be condemned is for drainage ditches and drainage canals
1-50 only and is adjacent to the District. The right of eminent domain
1-51 is hereby expressly conferred on said District and the procedure
1-52 with reference to condemnation, the assessment of and estimating of
1-53 damages, payment, appeal, the entering upon the property pending
1-54 appeal and all other procedure prescribed in Title 52 of the
1-55 Revised Civil Statutes of Texas, 1925, as heretofore or hereafter
1-56 amended, shall apply to said District except as otherwise provided
1-57 herein.
1-58 (e) To overflow or inundate any public lands and
1-59 public property; to require the relocation of roads, highways and
1-60 bridges, and to construct culverts, ditches, levees, canals,
1-61 seawalls and other facilities over, across or along any public
1-62 streams, roads or highways.
1-63 (f) To sell, trade or otherwise dispose of land or
1-64 other property or rights therein when the same are no longer needed
2-1 in carrying out the functions of the District.
2-2 (g) To cooperate with and contract with the United
2-3 States of America or with any of its agencies now existing, or
2-4 which may be created hereafter, for grants, loans, or advancements
2-5 to carry out any of the powers or to further any of the purposes of
2-6 this Act and to receive and use said moneys for such purposes; or
2-7 to contribute to the United States of America or any of its
2-8 agencies in connection with any project undertaken by it affecting
2-9 or relating to drainage or protection from tides and flood waters.
2-10 (h) All canals, drains, ditches and levees made,
2-11 cleaned or constructed by the District, shall be public property of
2-12 such District; and every person owning land and every subdivision
2-13 created within the District shall have the right to drain into one
2-14 or more of such public drains at their own expense, provided before
2-15 such drains are connected to the District's drainage system
2-16 approval must first be had from the Commissioners of the District.
2-17 (i) To employ managerial, engineering, fiscal agents,
2-18 technical, legal and other personnel deemed necessary to the
2-19 conduct of the District's affairs, including the issuance and sale
2-20 of bonds and related matters; and to formulate rules and
2-21 regulations governing hours of work, vacations, holidays, sick
2-22 leave and rate of compensation for such personnel. To fix the
2-23 amount of surety bonds of all employees of the District acting in
2-24 fiduciary matters.
2-25 (j) To purchase necessary land, buildings, supplies,
2-26 materials and equipment and machinery necessary to carry out the
2-27 functions of the District. All purchases and contracts shall be
2-28 made in accordance with Chapter 49 [Section 50.061], Water Code.
2-29 (k) To disburse moneys of the District on checks,
2-30 drafts, orders or other instruments issued in accordance with
2-31 Chapter 49, Water Code [signed by a majority of the District's
2-32 Commissioners and the manager or assistant manager of the District
2-33 with the approval of the Auditor or Assistant Auditor of Jefferson
2-34 County upon his ascertaining that there are available funds and
2-35 that the amount so paid by the said check, draft or instrument is
2-36 in accordance with the authorizing instrument].
2-37 (l) To provide for and administer a retirement,
2-38 disability and death compensation fund for the employees of the
2-39 District as the governing body of the District may from time to
2-40 time determine; and the governing body of said District shall have
2-41 power and authority to adopt such plan or plans to effectuate the
2-42 purpose of this Act, including such forms of insurance or
2-43 annuities, (either or both), all as may be determined advisable by
2-44 the governing body of the District, or, if they so choose, to
2-45 become a part of the county retirement system of Jefferson County;
2-46 providing that said governing body of the District shall have the
2-47 power and authority from time to time, after notice to their
2-48 employees and the hearing thereon, to change any such plan, rule or
2-49 regulation. This Section is enacted in anticipation of the
2-50 adoption of pending constitutional amendment and laws.
2-51 All funds provided from the compensation of such
2-52 employees, and such funds provided by the District from its
2-53 operating and maintenance fund, for such retirement, disability and
2-54 death compensation fund, after they are received by the District,
2-55 shall be invested in either or both of the following ways:
2-56 (1) In bonds of the United States, the State of
2-57 Texas, or county or city, or other governmental subdivisions of
2-58 this state, or in bonds issued by any agency of the United States
2-59 government, the payment of the principal and interest on which is
2-60 guaranteed by the United States, provided that a sufficient amount
2-61 of said fund shall be kept on hand to meet the immediate payment of
2-62 amounts likely to become due each year out of said fund, such
2-63 amounts of funds to be kept on hand to be determined by the
2-64 governing body of the District; or
2-65 (2) In such life insurance policies, endowment
2-66 or annuity contracts or interest-bearing certificates of Legal
2-67 Reserve Life Insurance Companies or companies authorized to write
2-68 such contracts in Texas, as may be determined by the governing body
2-69 of the District; providing that said governing body of the District
3-1 shall have power and authority, from time to time, as they may deem
3-2 advisable, to change from one of said ways of investment to the
3-3 other, or any combination of the two.
3-4 (m) To include hospitalization, medical and accident
3-5 insurance, including workmen's compensation insurance, for their
3-6 employees as part of the compensation currently paid to such
3-7 employees, all as may be provided for in any plan, rule or
3-8 regulation from time to time made by said Commissioners, or
3-9 otherwise as said Commissioners may determine, provided that said
3-10 Commissioners shall have power and authority from time to time to
3-11 change any such plan, rule or regulation. This Section is enacted
3-12 in anticipation of the adoption of pending constitutional amendment
3-13 and laws.
3-14 (n) To do any and all other acts or things necessary
3-15 or proper to carry into effect the purposes for which the District
3-16 is organized.
3-17 Sec. 4. The management and control of the District shall be
3-18 vested in five Commissioners. Except as provided by this Act, the
3-19 General Laws of the State of Texas relating to the Commissioners of
3-20 drainage districts shall apply to the Commissioners of the
3-21 District. The Commissioners are elected in accordance with
3-22 Subchapter D, Chapter 49, Water Code. Not [The present
3-23 Commissioners of the District shall remain in office for the
3-24 remainder of their terms of office, and the provisions of Sections
3-25 56.061 through 56.063, Water Code, and Article 8161b, Sec. 7,
3-26 Revised Civil Statutes of Texas, 1925, as amended, shall apply to
3-27 the Commissioners of the District. Section 56.064, Water Code, as
3-28 amended, shall apply to this District, except that the
3-29 Commissioners Court shall order the election on petition of at
3-30 least 20 percent of the real property taxpayers of the district,
3-31 and that five Commissioners shall be elected at large if an
3-32 election is ordered under that section, with the Commissioners
3-33 Court selecting the fifth Commissioner from the persons tying for
3-34 fifth place in the event of a tie. After the expiration of the
3-35 terms of the present Commissioners, no] more than one Commissioner
3-36 shall be [appointed and/or] elected from any one municipality as
3-37 long as five municipalities exist within the district.
3-38 Commissioners serve four-year terms. For all purposes, a quorum
3-39 for doing business shall consist of a majority of the Commission.
3-40 Sec. 13. The [County Treasurer of Jefferson County shall be
3-41 the] treasurer of the District[, and he] shall keep an accurate
3-42 account of all moneys received by him belonging to the District and
3-43 all amounts paid out by said District. All moneys disbursed by the
3-44 District shall be on checks, drafts, orders or other instruments
3-45 issued in accordance with Chapter 49, Water Code. Section 49.157,
3-46 Water Code, applies to deposits and investments of the District.
3-47 Subchapter G, Chapter 49, Water Code, applies to audits of the
3-48 District's fiscal accounts and records. Sections 56.070-56.072,
3-49 Water Code, do not apply to the District [signed by a majority of
3-50 the District's Commissioners and the Manager or Assistant Manager
3-51 of the District and countersigned by the Auditor or Assistant
3-52 Auditor of Jefferson County. The County Auditor shall carefully
3-53 preserve on file all orders for the payment of money, and as often
3-54 as required by the Commissioners of the District or the
3-55 Commissioners Court, he shall render a correct account to them of
3-56 all matters pertaining to the financial condition of the District.
3-57 The County Treasurer shall execute a good and sufficient surety
3-58 bond payable to the District in an amount to be fixed by the
3-59 Commissioners Court of Jefferson County conditioned for the
3-60 faithful performance of his duty as Treasurer. He shall be
3-61 entitled to pay for his services in accordance with Article 8148,
3-62 Revised Civil Statutes of Texas, 1925].
3-63 SECTION 2. (a) This Act takes effect September 1, 1999.
3-64 (b) The commissioners of the Jefferson County Drainage
3-65 District No. 7 on the effective date of this Act shall serve until
3-66 the first election of commissioners of the district held on or
3-67 after the effective date of this Act.
3-68 (c) The first election of commissioners of the district held
3-69 on or after the effective date of this Act shall be held according
4-1 to Section 4, Chapter 34, Acts of the 57th Legislature, 3rd Called
4-2 Session, 1962, as that section existed immediately before the
4-3 effective date of this Act. The commissioners elected at that
4-4 election shall serve until the second election of commissioners
4-5 held on or after the effective date of this Act.
4-6 (d) The second election of commissioners of the district
4-7 held on or after the effective date of this Act shall be held on a
4-8 date provided by Section 49.103, Water Code, in the second
4-9 even-numbered year after the year in which the first election of
4-10 commissioners is held. The commissioners elected at that election
4-11 shall serve four-year terms.
4-12 (e) The third and subsequent elections of commissioners of
4-13 the district held on or after the effective date of this Act shall
4-14 be held on a date provided by Section 49.103, Water Code.
4-15 SECTION 3. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.
4-20 * * * * *