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.
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