1-1 By: Ogden S.B. No. 1877
1-2 (In the Senate - Filed April 20, 1999; April 21, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 3, 1999, reported favorably, as amended, by the following vote:
1-5 Yeas 6, Nays 0; May 3, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend S.B. No. 1877 as follows:
1-8 (1) In SECTION 5 of the bill, following Section 6A(a)
1-9 (Senate Introduced Version, on page , between lines and ,
1-10 insert a new Subsection (b), to read as follows:
1-11 (b) Plans and specifications for drainage facilities or
1-12 improvements located within the corporate limits of a municipality
1-13 and also within the District, but outside of District-owned
1-14 property or facilities, shall only require approval of the
1-15 municipality.
1-16 (2) Reletter subsequent subsections appropriately.
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the board of supervisors and the powers of the
1-20 Brookshire-Katy Drainage District; providing a civil penalty.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Chapter 203, Acts of the 57th Legislature,
1-23 Regular Session, 1961, is amended by adding Section 1A to read as
1-24 follows:
1-25 Sec. 1A. The legislature finds that the boundaries of the
1-26 District as described in Section 1 of this Act and the field notes
1-27 relating to those boundaries form a closure, and any mistake made
1-28 in copying the field notes in the legislative process, or a mistake
1-29 otherwise made in the field notes, does not affect the
1-30 organization, existence, or validity of the District, or the
1-31 authority of the District to take any action authorized by this Act
1-32 and the General Laws, or in any other manner affect the legality or
1-33 operation of the District or its governing body, it being the
1-34 intention of the legislature that all of the land included in the
1-35 District as created in 1961 be included in those boundaries.
1-36 SECTION 2. Section 2, Chapter 203, Acts of the 57th
1-37 Legislature, Regular Session, 1961, is amended to read as follows:
1-38 Sec. 2. Said District shall be considered to be organized
1-39 and existing for the sole purpose of the reclamation and drainage
1-40 of its overflowed lands and other lands needing drainage, and to
1-41 accomplish such purpose the District shall have and exercise, and
1-42 is hereby vested with, all of the rights, powers, privileges, and
1-43 duties conferred and imposed by the General Laws of the State of
1-44 Texas, now in force or hereafter enacted, applicable to fresh water
1-45 supply districts created under authority of Section 59 of Article
1-46 XVI, Constitution of Texas, including Chapters 49 and 53, Water
1-47 Code, but to the extent that the provisions of such General Laws
1-48 may be in conflict or inconsistent with the provisions of this Act,
1-49 the provisions of this Act shall prevail. All such General Laws
1-50 are hereby incorporated with the same effect as if incorporated in
1-51 full in this Act. Without limiting the generalization of the
1-52 foregoing, it is expressly provided that all said powers now or
1-53 hereafter conferred by such General Laws upon fresh water supply
1-54 districts for the purpose of conserving, transporting and
1-55 distributing fresh water are hereby specifically conferred upon
1-56 this District for the purpose of reclaiming and draining its
1-57 overflowed lands and other lands needing drainage. [In the event
1-58 that the District, in the exercise of the power of eminent domain
1-59 or power of relocation, or any other power granted hereunder, makes
1-60 necessary the relocation, raising, re-routing or changing the grade
1-61 of, or altering the construction of any highway, railroad, electric
1-62 transmission line, telephone or telegraph properties and
1-63 facilities, or pipeline, all such necessary relocation, raising,
2-1 re-routing, changing of grade or alteration of construction shall
2-2 be accomplished at the sole expense of the District. The term
2-3 "sole expense" shall mean the actual cost of such relocation,
2-4 raising, lowering, re-routing, or change in grade or alteration of
2-5 construction in providing comparable replacement without
2-6 enhancement of such facilities, after deducting therefrom the net
2-7 salvage value derived from the old facility. The exercise of the
2-8 power of eminent domain shall not extend beyond the boundaries of
2-9 the authority, as defined herein.]
2-10 SECTION 3. Section 4, Chapter 203, Acts of the 57th
2-11 Legislature, Regular Session, 1961, is amended to read as follows:
2-12 Sec. 4. The Assessor and Collector of taxes of Waller County
2-13 shall, ex officio, be the Assessor and Collector of taxes for the
2-14 District. For services to the District in assessing and collecting
2-15 taxes for the District, the Assessor and Collector may deduct from
2-16 all taxes collected on the current year's tax rolls an amount of
2-17 money to which the Board of Supervisors agrees, not to exceed the
2-18 amount provided by the General Laws relative to the assessment,
2-19 levy, and collection of ad valorem taxes. For the collection of
2-20 delinquent taxes the Assessor and Collector may receive
2-21 compensation in the same manner as the Assessor and Collector
2-22 receives compensation for collecting delinquent State and County
2-23 taxes. The Assessor and Collector may not duplicate a charge made
2-24 for costs of suit related to enforcement of State and County taxes.
2-25 [The blanks used by the Assessor and Collector to accept rendition
2-26 of property for taxation by the County shall be printed so as to
2-27 show that the rendition of property situated in the District is
2-28 also made for the benefit of the District. The property which is
2-29 situated in the District shall be clearly indicated on the approved
2-30 tax rolls in the office of the Assessor and Collector. The value
2-31 of property situated in the District as equalized by the Board of
2-32 Equalization of Waller County, finally approved by the
2-33 Commissioners Court of Waller County and as extended on the
2-34 approved tax rolls of Waller County shall constitute the assessed
2-35 values of such property for purposes of District taxation. Within
2-36 five (5) days after the approval of the report of the Board of
2-37 Equalization by the Commissioners Court of the County, the Assessor
2-38 and Collector of taxes shall certify to the District the total
2-39 assessed valuation of property situated in the District according
2-40 to such approved rolls.]
2-41 SECTION 4. Section 5, Chapter 203, Acts of the 57th
2-42 Legislature, Regular Session, 1961, is amended to read as follows:
2-43 Sec. 5. Taxes shall be levied and collected under the
2-44 provisions of the General Laws applicable to fresh water districts,
2-45 including Chapters 49 and 53, Water Code, and when an election is
2-46 required by the General Laws, before taxes may be levied, the
2-47 District must hold an election. The total amount of taxes levied
2-48 by the District for all purposes shall never in any one (1) year
2-49 exceed seventy-five cents (75 ) on the one hundred dollar valuation
2-50 of taxable property within the District. [No such tax shall be
2-51 levied, however, until authorized at an election called for that
2-52 purpose by the Board of Supervisors, at which a majority of the
2-53 qualified voters voting at such election vote in favor of the levy
2-54 and collection of such tax. For his services rendered to the
2-55 District in assessing and collecting taxes for the District, the
2-56 Assessor and Collector shall be entitled to deduct from all taxes
2-57 thus collected on the current year's tax rolls a sum as agreed upon
2-58 by the Board of Supervisors, not to exceed the amount provided by
2-59 the General Laws relative to the assessment, levy and collection of
2-60 ad valorem taxes, and for the collection of delinquent taxes
2-61 compensation in like manner to that which he receives in collecting
2-62 delinquent State and County taxes, provided that no duplicated
2-63 charge shall be made for costs of suit where a charge is made in
2-64 reference to enforcement of State and County taxes.]
2-65 SECTION 5. Chapter 203, Acts of the 57th Legislature,
2-66 Regular Session, 1961, is amended by adding Sections 6A, 6B, 6C,
2-67 and 6D to read as follows:
2-68 Sec. 6A. (a) On or after September 1, 1999, a person may
2-69 not construct drainage facilities or improvements on or to serve a
3-1 tract of land in the District unless the District has approved the
3-2 plans and specifications for the drainage facilities or
3-3 improvements.
3-4 (b) The District may adopt reasonable rules and set
3-5 reasonable standards to provide for adequate drainage construction
3-6 in accordance with standard engineering practices. The rules and
3-7 standards may require the drainage plan to be generally compatible
3-8 with the District's master plan.
3-9 (c) The District by rule may establish procedures for
3-10 presenting plans and specifications to the District and for review
3-11 and disposition of the plans and specifications by the District.
3-12 (d) The District, after review by its engineer, shall
3-13 determine the cost of any drainage facilities or improvements and
3-14 recommend to the appropriate governing body with jurisdiction over
3-15 the subdivision that a surety bond or other approved security in
3-16 that amount for the construction of drainage facilities or
3-17 improvements be secured in the name of the governing body. If the
3-18 governing body does not secure a bond, the District may secure a
3-19 bond for the cost of construction of drainage facilities or
3-20 improvements.
3-21 (e) The District may refuse to approve plans and
3-22 specifications that do not comply with District rules. The
3-23 District may refuse to approve plans and specifications until all
3-24 applicable fees have been paid.
3-25 (f) This section does not apply to:
3-26 (1) agricultural activity; or
3-27 (2) any other activity that does not create an
3-28 aggregate impervious area of more than one acre.
3-29 (g) This section does not limit the authority or
3-30 jurisdiction of a municipality or county to regulate plans and
3-31 specifications for the construction of drainage facilities or
3-32 improvements other than facilities owned or maintained by the
3-33 District. The District's rules and standards for the construction
3-34 of drainage facilities or improvements do not apply to a facility
3-35 or improvement not owned or maintained by the District inside the
3-36 corporate limits of a municipality unless the governing body of the
3-37 municipality or county requires the person to submit the plans and
3-38 specifications for drainage construction to the District.
3-39 Sec. 6B. (a) Rules adopted by the District must be
3-40 consistent with Chapters 49 and 53, Water Code.
3-41 (b) The District may not exercise its power of eminent
3-42 domain outside the District without the express consent of the
3-43 governing body of the municipality or the commissioners court of
3-44 the county in which the territory being condemned is located.
3-45 Sec. 6C. (a) A person who violates this Act or a rule
3-46 adopted under this Act is liable to the District for a civil
3-47 penalty of not less than $10 or more than $200 for each offense.
3-48 Each day a violation continues is a separate offense. A penalty
3-49 under this section is in addition to any other penalty authorized
3-50 by law.
3-51 (b) The District may sue in a district court to enjoin a
3-52 violation or threatened violation of this Act or a rule adopted
3-53 under this Act. The District may sue for injunctive relief and a
3-54 civil penalty in the same proceeding.
3-55 (c) If the District sues to recover a civil penalty or for
3-56 injunctive relief under this Act or to recover any fee or charge
3-57 under this Act, the court may include in any final judgment in
3-58 favor of the District an award for damages, the recovery of court
3-59 costs, and reasonable attorney's fees.
3-60 Sec. 6D. The Code Construction Act (Chapter 311, Government
3-61 Code) applies to this Act.
3-62 SECTION 6. (a) The changes in law added by this Act do not
3-63 invalidate, infringe upon, or change the rights, duties, powers, or
3-64 privileges of any municipality, county, or other political
3-65 subdivision of this state as provided by the constitution of this
3-66 state or other laws governing those political subdivisions.
3-67 (b) The maintenance tax authorized by the voters of the
3-68 Brookshire-Katy Drainage District at the August 12, 1961, election
3-69 is validated by this Act for the purposes and in the amount
4-1 authorized at that election.
4-2 SECTION 7. (a) The changes in law made by this Act take
4-3 effect only upon a majority vote by the qualified voters of the
4-4 Brookshire-Katy Drainage District at an election called and held
4-5 for that purpose.
4-6 (b) As soon as possible after the passage of this Act by the
4-7 76th Legislature, the Board of Supervisors of the Brookshire-Katy
4-8 Drainage District shall order an election on the question of
4-9 approving the changes to the law made by this Act.
4-10 (c) An election ordered under Subsection (b) of this section
4-11 shall be held on the next uniform election date under Section
4-12 41.001, Election Code, that is on or after the 45th day following
4-13 the date the election is ordered.
4-14 (d) If a majority of the votes cast at the election favor
4-15 the changes made by this Act, this Act shall take effect 45 days
4-16 after the date of the election.
4-17 (e) If a majority of the votes cast at the election are
4-18 against the changes made by this Act, the board of supervisors of
4-19 the Brookshire-Katy Drainage District may call and hold subsequent
4-20 elections to confirm this Act. A subsequent election may not be
4-21 held earlier than the first anniversary after the date on which the
4-22 previous election was held. If the changes made by this Act are
4-23 not approved by September 1, 2001, this Act expires.
4-24 (f) Except as provided by this section, an election held
4-25 under this Act must be conducted as provided by the Election Code.
4-26 SECTION 8. The importance of this legislation and the
4-27 crowded condition of the calendars in both houses create an
4-28 emergency and an imperative public necessity that the
4-29 constitutional rule requiring bills to be read on three several
4-30 days in each house be suspended, and this rule is hereby suspended,
4-31 and that this Act take effect and be in force from and after its
4-32 passage, and it is so enacted.
4-33 * * * * *