SRC-MWN S.B. 1435 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1435
77R6525 QS-FBy: Ogden
Natural Resources
3/26/2001
As Filed


DIGEST AND PURPOSE 

The Brookshire-Katy Drainage District was created by the 57th Legislature
in 1961 as a conservation and reclamation district with the rights and
powers authorized by Chapter 53 of the Texas Water Code. As proposed, S.B.
1435 updates the district's statutory authority. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Brookshire-Katy Drainage
District in SECTION 5 (Section 6A, Acts of the 57th Legislature, Regular
Session, 1961) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 203, Acts of the 57th Legislature, Regular
Session, 1961, by adding Section 1A, as follows: 

Sec. 1A. Provides that the legislature finds that the boundaries of the
Brookshire-Katy Drainage District (district) and the field notes relating
to these boundaries form a closure, and any mistake made in copying the
field notes in the legislative process, or a mistake otherwise made in the
field notes, does not affect certain factors of the district, or the
authority to take any authorized action, or in any other manner affect the
legality or operation of the district or its governing body. 

SECTION 2. Amends Section 2, Chapter 203, Acts of the 57th Legislature,
Regular Session, 1961, to set forth the powers of the district created
under the authority of Section 59, Article XVI, Constitution of Texas,
including Chapters 49 (Provisions Applicable to All Districts) and 53
(Fresh Water Supply Districts), Water Code. Deletes text regarding
exercising of certain powers of the district. 

SECTION 3. Amends Section 4, Chapter 203,  Acts of the 57th Legislature,
Regular Session, 1961, to authorize the Assessor and Collector of the
district to deduct from all taxes collected on the current year's tax rolls
a certain amount of money to which the Board of Supervisors agrees.
Authorizes the Assessor and Collector, for the collection of delinquent
taxes, to receive compensation in the same manner as for other duties.
Prohibits the Assessor and Collector from duplicating  a charge made for
costs of suit related to enforcement of state and county taxes. Deletes
text regarding the manner in which the blanks utilized by the Assessor and
Collector are required to be printed. 

SECTION 4. Amends Section 5, Chapter 203, Acts of the 57th Legislature,
Regular Session, 1961, to require the district to hold an election as
provided by Section 49.107 (Operation and Maintenance Tax), Water Code,
before taxes are authorized to be levied or increased. Deletes text
regarding taxes authorized at an election. 

SECTION 5. Amends Chapter 203, Acts of the 57th Legislature, Regular
Session, 1961, by adding Sections 6A, 6B, 6C, and 6D, as follows: 

6A. Prohibits a person, on or after September 1, 2001, from constructing
drainage facilities or  improvements on or to serve a tract of land in the
district unless the district agrees to certain conditions. 
 
(b) Provides that plans and specifications for drainage facilities or
improvements located within certain areas require only the approval of the
municipality. 

(c) Authorizes the district to adopt reasonable rules and set reasonable
standards to provide for adequate drainage construction in accordance with
standard engineering practices. Authorizes the rules and standards to
require the drainage plan to be generally compatible with the district's
master plan. 

(d) Authorizes the district by rule to establish procedures for presenting
plans and specifications to the district and for review and disposition of
the plans and specifications by the district. 

(e) Requires the district to determine the cost of any drainage facilities
or improvements and recommend to the appropriate governing body with
jurisdiction over the subdivision that a surety bond or other approved
security in that amount for the construction of drainage facilities or
improvements be secured in the name of the governing body. Authorizes the
district, if the governing body does not secure a bond, to secure a bond
for the cost of construction of drainage facilities or improvements. 

(f) Authorizes the district to refuse to approve plans and specifications
that meet certain criteria. 

  (g) Provides that this section does not apply to certain activities.

(h) Sets forth the provisions regarding the authority or jurisdiction of a
municipality or county. Sets forth provisions regarding rules and standards
of the district. 

Sec. 6B. (a) Requires rules adopted by the district to be consistent with
Chapters 49 and 53, Water Code. 

  (b) Prohibits the district from exercising certain powers.

Sec. 6C. Provides that a person who violates this Act or a rule adopted
under this Act is liable to the district for a certain fee for each
offense. 

  (b) Authorizes the district to sue in a district court in certain
instances. 

(c) Authorizes the court to include in any final judgment in favor of the
district the award of damages and certain fees. 

Sec. 6D. Provides that Chapter 311 (Code Construction Act), Government
Code, applies to this Act. 

SECTION 6. Sets forth provisions regarding changes in law made by this Act.

SECTION 7. Provides that the maintenance tax authorized by the voters of
the Brookshire-Katy Drainage District is validated by this Act for the
purposes and in the amount authorized by that election. 

SECTION 8. (a). Provides that Sections 1-6 take effect only under certain
conditions. 

(b) Requires an election  to be ordered by certain persons regarding
changes in law made by Sections 1-6 of this Act. 
 
(c) Requires an election to be held on a certain date under Section 41.001
(Uniform Election Dates), Election Code. 

(d) Provides that Sections 1-6 take effect at a certain date if voters
approve the changes in law. 

(e) Sets forth provisions regarding a subsequent election held under
certain conditions and at a certain time. Provides that if changes in law
made by Sections 1-6 of this Act are not approved by the voters before
September 1, 2003, this Act expires. 

(f) Requires an election to be conducted as provided by the Election Code.

SECTION 9. Effective date: upon passage or September 1, 2001.

(b). Makes application of Sections 1-6 contingent on an election held as
required by Section 8 of this Act.