By: Ogden S.B. No. 1877
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the board of supervisors and the powers of the
1-2 Brookshire-Katy Drainage District; providing a civil penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 203, Acts of the 57th Legislature,
1-5 Regular Session, 1961, is amended by adding Section 1A to read as
1-6 follows:
1-7 Sec. 1A. The legislature finds that the boundaries of the
1-8 District as described in Section 1 of this Act and the field notes
1-9 relating to those boundaries form a closure, and any mistake made
1-10 in copying the field notes in the legislative process, or a mistake
1-11 otherwise made in the field notes, does not affect the
1-12 organization, existence, or validity of the District, or the
1-13 authority of the District to take any action authorized by this Act
1-14 and the General Laws, or in any other manner affect the legality or
1-15 operation of the District or its governing body, it being the
1-16 intention of the legislature that all of the land included in the
1-17 District as created in 1961 be included in those boundaries.
1-18 SECTION 2. Section 2, Chapter 203, Acts of the 57th
1-19 Legislature, Regular Session, 1961, is amended to read as follows:
1-20 Sec. 2. Said District shall be considered to be organized
1-21 and existing for the sole purpose of the reclamation and drainage
1-22 of its overflowed lands and other lands needing drainage, and to
1-23 accomplish such purpose the District shall have and exercise, and
1-24 is hereby vested with, all of the rights, powers, privileges, and
2-1 duties conferred and imposed by the General Laws of the State of
2-2 Texas, now in force or hereafter enacted, applicable to fresh water
2-3 supply districts created under authority of Section 59 of Article
2-4 XVI, Constitution of Texas, including Chapters 49 and 53, Water
2-5 Code, but to the extent that the provisions of such General Laws
2-6 may be in conflict or inconsistent with the provisions of this Act,
2-7 the provisions of this Act shall prevail. All such General Laws
2-8 are hereby incorporated with the same effect as if incorporated in
2-9 full in this Act. Without limiting the generalization of the
2-10 foregoing, it is expressly provided that all said powers now or
2-11 hereafter conferred by such General Laws upon fresh water supply
2-12 districts for the purpose of conserving, transporting and
2-13 distributing fresh water are hereby specifically conferred upon
2-14 this District for the purpose of reclaiming and draining its
2-15 overflowed lands and other lands needing drainage. [In the event
2-16 that the District, in the exercise of the power of eminent domain
2-17 or power of relocation, or any other power granted hereunder, makes
2-18 necessary the relocation, raising, re-routing or changing the grade
2-19 of, or altering the construction of any highway, railroad, electric
2-20 transmission line, telephone or telegraph properties and
2-21 facilities, or pipeline, all such necessary relocation, raising,
2-22 re-routing, changing of grade or alteration of construction shall
2-23 be accomplished at the sole expense of the District. The term
2-24 "sole expense" shall mean the actual cost of such relocation,
2-25 raising, lowering, re-routing, or change in grade or alteration of
2-26 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 compensation for collecting delinquent State and County
3-18 taxes. The Assessor and Collector may not duplicate a charge made
3-19 for costs of suit related to enforcement of State and County taxes.
3-20 [The blanks used by the Assessor and Collector to accept rendition
3-21 of property for taxation by the County shall be printed so as to
3-22 show that the rendition of property situated in the District is
3-23 also made for the benefit of the District. The property which is
3-24 situated in the District shall be clearly indicated on the approved
3-25 tax rolls in the office of the Assessor and Collector. The value
3-26 of property situated in the District as equalized by the Board of
4-1 Equalization of Waller County, finally approved by the
4-2 Commissioners Court of Waller County and as extended on the
4-3 approved tax rolls of Waller County shall constitute the assessed
4-4 values of such property for purposes of District taxation. Within
4-5 five (5) days after the approval of the report of the Board of
4-6 Equalization by the Commissioners Court of the County, the Assessor
4-7 and Collector of taxes shall certify to the District the total
4-8 assessed valuation of property situated in the District according
4-9 to such approved rolls.]
4-10 SECTION 4. Section 5, Chapter 203, Acts of the 57th
4-11 Legislature, Regular Session, 1961, is amended to read as follows:
4-12 Sec. 5. Taxes shall be levied and collected under the
4-13 provisions of the General Laws applicable to fresh water districts,
4-14 including Chapters 49 and 53, Water Code, and when an election is
4-15 required by the General Laws, before taxes may be levied or
4-16 increased, the District must hold an election as provided by
4-17 Section 49.107, Water Code. The total amount of taxes levied by
4-18 the District for all purposes shall never in any one (1) year
4-19 exceed seventy-five cents (75 ) on the one hundred dollar valuation
4-20 of taxable property within the District. [No such tax shall be
4-21 levied, however, until authorized at an election called for that
4-22 purpose by the Board of Supervisors, at which a majority of the
4-23 qualified voters voting at such election vote in favor of the levy
4-24 and collection of such tax. For his services rendered to the
4-25 District in assessing and collecting taxes for the District, the
4-26 Assessor and Collector shall be entitled to deduct from all taxes
5-1 thus collected on the current year's tax rolls a sum as agreed upon
5-2 by the Board of Supervisors, not to exceed the amount provided by
5-3 the General Laws relative to the assessment, levy and collection of
5-4 ad valorem taxes, and for the collection of delinquent taxes
5-5 compensation in like manner to that which he receives in collecting
5-6 delinquent State and County taxes, provided that no duplicated
5-7 charge shall be made for costs of suit where a charge is made in
5-8 reference to enforcement of State and County taxes.]
5-9 SECTION 5. Chapter 203, Acts of the 57th Legislature,
5-10 Regular Session, 1961, is amended by adding Sections 6A, 6B, 6C,
5-11 and 6D to read as follows:
5-12 Sec. 6A. (a) On or after September 1, 1999, a person may
5-13 not construct drainage facilities or improvements on or to serve a
5-14 tract of land in the District unless the District has approved the
5-15 plans and specifications for the drainage facilities or
5-16 improvements.
5-17 (b) Plans and specifications for drainage facilities or
5-18 improvements located within the corporate limits of a municipality
5-19 and also within the District, but outside of District-owned
5-20 property or facilities, shall only require approval of the
5-21 municipality.
5-22 (c) The District may adopt reasonable rules and set
5-23 reasonable standards to provide for adequate drainage construction
5-24 in accordance with standard engineering practices. The rules and
5-25 standards may require the drainage plan to be generally compatible
5-26 with the District's master plan.
6-1 (d) The District by rule may establish procedures for
6-2 presenting plans and specifications to the District and for review
6-3 and disposition of the plans and specifications by the District.
6-4 (e) The District, after review by its engineer, shall
6-5 determine the cost of any drainage facilities or improvements and
6-6 recommend to the appropriate governing body with jurisdiction over
6-7 the subdivision that a surety bond or other approved security in
6-8 that amount for the construction of drainage facilities or
6-9 improvements be secured in the name of the governing body. If the
6-10 governing body does not secure a bond, the District may secure a
6-11 bond for the cost of construction of drainage facilities or
6-12 improvements.
6-13 (f) The District may refuse to approve plans and
6-14 specifications that do not comply with District rules. The
6-15 District may refuse to approve plans and specifications until all
6-16 applicable fees have been paid.
6-17 (g) This section does not apply to:
6-18 (1) agricultural activity; or
6-19 (2) any other activity that does not create an
6-20 aggregate impervious area of more than one acre.
6-21 (h) This section does not limit the authority or
6-22 jurisdiction of a municipality or county to regulate plans and
6-23 specifications for the construction of drainage facilities or
6-24 improvements other than facilities owned or maintained by the
6-25 District. The District's rules and standards for the construction
6-26 of drainage facilities or improvements do not apply to a facility
7-1 or improvement not owned or maintained by the District inside the
7-2 corporate limits of a municipality unless the governing body of the
7-3 municipality or county requires the person to submit the plans and
7-4 specifications for drainage construction to the District.
7-5 Sec. 6B. (a) Rules adopted by the District must be
7-6 consistent with Chapters 49 and 53, Water Code.
7-7 (b) The District may not exercise its power of eminent
7-8 domain outside the District without the express consent of the
7-9 governing body of the municipality or the commissioners court of
7-10 the county in which the territory being condemned is located.
7-11 Sec. 6C. (a) A person who violates this Act or a rule
7-12 adopted under this Act is liable to the District for a civil
7-13 penalty of not less than $10 or more than $200 for each offense.
7-14 Each day a violation continues is a separate offense. A penalty
7-15 under this section is in addition to any other penalty authorized
7-16 by law.
7-17 (b) The District may sue in a district court to enjoin a
7-18 violation or threatened violation of this Act or a rule adopted
7-19 under this Act. The District may sue for injunctive relief and a
7-20 civil penalty in the same proceeding.
7-21 (c) If the District sues to recover a civil penalty or for
7-22 injunctive relief under this Act or to recover any fee or charge
7-23 under this Act the court may include in any final judgment in favor
7-24 of the District an award for damages, the recovery of court costs,
7-25 and reasonable attorney's fees.
7-26 Sec. 6D. The Code Construction Act (Chapter 311, Government
8-1 Code) applies to this Act.
8-2 SECTION 6. (a) The changes in law added by this Act do not
8-3 invalidate, infringe upon, or change the rights, duties, powers, or
8-4 privileges of any municipality, county, or other political
8-5 subdivision of this state as provided by the constitution of this
8-6 state or other laws governing those political subdivisions.
8-7 (b) The maintenance tax authorized by the voters of the
8-8 Brookshire-Katy Drainage District at the August 12, 1961, election
8-9 is validated by this Act for the purposes and in the amount
8-10 authorized at that election.
8-11 SECTION 7. (a) The changes in law made by this Act take
8-12 effect only upon a majority vote by the qualified voters of the
8-13 Brookshire-Katy Drainage District at an election called and held
8-14 for that purpose.
8-15 (b) As soon as possible after the passage of this Act by the
8-16 76th Legislature, the Board of Supervisors of the Brookshire-Katy
8-17 Drainage District shall order an election on the question of
8-18 approving the changes to the law made by this Act.
8-19 (c) An election ordered under Subsection (b) of this section
8-20 shall be held on the next uniform election date under Section
8-21 41.001, Election Code, that is on or after the 45th day following
8-22 the date the election is ordered.
8-23 (d) If a majority of the votes cast at the election favor
8-24 the changes made by this Act, this Act shall take effect 45 days
8-25 after the date of the election.
8-26 (e) If a majority of the votes cast at the election are
9-1 against the changes made by this Act, the board of supervisors of
9-2 the Brookshire-Katy Drainage District may call and hold subsequent
9-3 elections to confirm this Act. A subsequent election may not be
9-4 held earlier than the first anniversary after the date on which the
9-5 previous election was held. If the changes made by this Act are
9-6 not approved by September 1, 2001, this Act expires.
9-7 (f) Except as provided by this section, an election held
9-8 under this Act must be conducted as provided by the Election Code.
9-9 SECTION 8. The importance of this legislation and the
9-10 crowded condition of the calendars in both houses create an
9-11 emergency and an imperative public necessity that the
9-12 constitutional rule requiring bills to be read on three several
9-13 days in each house be suspended, and this rule is hereby suspended,
9-14 and that this Act take effect and be in force from and after its
9-15 passage, and it is so enacted.