1-1 AN ACT
1-2 relating to the board of supervisors and the powers of the
1-3 Brookshire-Katy Drainage District; providing a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 203, Acts of the 57th Legislature,
1-6 Regular Session, 1961, is amended by adding Section 1A to read as
1-7 follows:
1-8 Sec. 1A. The legislature finds that the boundaries of the
1-9 District as described in Section 1 of this Act and the field notes
1-10 relating to those boundaries form a closure, and any mistake made
1-11 in copying the field notes in the legislative process, or a mistake
1-12 otherwise made in the field notes, does not affect the
1-13 organization, existence, or validity of the District, or the
1-14 authority of the District to take any action authorized by this Act
1-15 and the General Laws, or in any other manner affect the legality or
1-16 operation of the District or its governing body, it being the
1-17 intention of the legislature that all of the land included in the
1-18 District as created in 1961 be included in those boundaries.
1-19 SECTION 2. Section 2, Chapter 203, Acts of the 57th
1-20 Legislature, Regular Session, 1961, is amended to read as follows:
1-21 Sec. 2. Said District shall be considered to be organized
1-22 and existing for the sole purpose of the reclamation and drainage
1-23 of its overflowed lands and other lands needing drainage, and to
1-24 accomplish such purpose the District shall have and exercise, and
2-1 is hereby vested with, all of the rights, powers, privileges, and
2-2 duties conferred and imposed by the General Laws of the State of
2-3 Texas, now in force or hereafter enacted, applicable to fresh water
2-4 supply districts created under authority of Section 59 of Article
2-5 XVI, Constitution of Texas, including Chapters 49 and 53, Water
2-6 Code, but to the extent that the provisions of such General Laws
2-7 may be in conflict or inconsistent with the provisions of this Act,
2-8 the provisions of this Act shall prevail. All such General Laws
2-9 are hereby incorporated with the same effect as if incorporated in
2-10 full in this Act. Without limiting the generalization of the
2-11 foregoing, it is expressly provided that all said powers now or
2-12 hereafter conferred by such General Laws upon fresh water supply
2-13 districts for the purpose of conserving, transporting and
2-14 distributing fresh water are hereby specifically conferred upon
2-15 this District for the purpose of reclaiming and draining its
2-16 overflowed lands and other lands needing drainage. [In the event
2-17 that the District, in the exercise of the power of eminent domain
2-18 or power of relocation, or any other power granted hereunder, makes
2-19 necessary the relocation, raising, re-routing or changing the grade
2-20 of, or altering the construction of any highway, railroad, electric
2-21 transmission line, telephone or telegraph properties and
2-22 facilities, or pipeline, all such necessary relocation, raising,
2-23 re-routing, changing of grade or alteration of construction shall
2-24 be accomplished at the sole expense of the District. The term
2-25 "sole expense" shall mean the actual cost of such relocation,
2-26 raising, lowering, re-routing, or change in grade or alteration of
2-27 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 for collecting delinquent state and county taxes. The
3-18 Assessor and Collector may not duplicate a charge made for costs of
3-19 suit related to enforcement of state and county taxes. [The blanks
3-20 used by the Assessor and Collector to accept rendition of property
3-21 for taxation by the County shall be printed so as to show that the
3-22 rendition of property situated in the District is also made for the
3-23 benefit of the District. The property which is situated in the
3-24 District shall be clearly indicated on the approved tax rolls in
3-25 the office of the Assessor and Collector. The value of property
3-26 situated in the District as equalized by the Board of Equalization
3-27 of Waller County, finally approved by the Commissioners Court of
4-1 Waller County and as extended on the approved tax rolls of Waller
4-2 County shall constitute the assessed values of such property for
4-3 purposes of District taxation. Within five (5) days after the
4-4 approval of the report of the Board of Equalization by the
4-5 Commissioners Court of the County, the Assessor and Collector of
4-6 taxes shall certify to the District the total assessed valuation of
4-7 property situated in the District according to such approved
4-8 rolls.]
4-9 SECTION 4. Section 5, Chapter 203, Acts of the 57th
4-10 Legislature, Regular Session, 1961, is amended to read as follows:
4-11 Sec. 5. Taxes shall be levied and collected under the
4-12 provisions of the General Laws applicable to fresh water districts,
4-13 including Chapters 49 and 53, Water Code, and when an election is
4-14 required by the General Laws, before taxes may be levied or
4-15 increased, the District must hold an election as provided by
4-16 Section 49.107, Water Code. The total amount of taxes levied by
4-17 the District for all purposes shall never in any one (1) year
4-18 exceed seventy-five cents (75 ) on the one hundred dollar valuation
4-19 of taxable property within the District. [No such tax shall be
4-20 levied, however, until authorized at an election called for that
4-21 purpose by the Board of Supervisors, at which a majority of the
4-22 qualified voters voting at such election vote in favor of the levy
4-23 and collection of such tax. For his services rendered to the
4-24 District in assessing and collecting taxes for the District, the
4-25 Assessor and Collector shall be entitled to deduct from all taxes
4-26 thus collected on the current year's tax rolls a sum as agreed upon
4-27 by the Board of Supervisors, not to exceed the amount provided by
5-1 the General Laws relative to the assessment, levy and collection of
5-2 ad valorem taxes, and for the collection of delinquent taxes
5-3 compensation in like manner to that which he receives in collecting
5-4 delinquent State and County taxes, provided that no duplicated
5-5 charge shall be made for costs of suit where a charge is made in
5-6 reference to enforcement of State and County taxes.]
5-7 SECTION 5. Chapter 203, Acts of the 57th Legislature,
5-8 Regular Session, 1961, is amended by adding Sections 6A, 6B, 6C,
5-9 and 6D to read as follows:
5-10 Sec. 6A. (a) On or after September 1, 2001, a person may
5-11 not construct drainage facilities or improvements on or to serve a
5-12 tract of land in the District unless the District has approved the
5-13 plans and specifications for the drainage facilities or
5-14 improvements.
5-15 (b) Notwithstanding Subsection (a), plans and specifications
5-16 for drainage facilities or improvements located within the
5-17 corporate limits or the extraterritorial jurisdiction of a
5-18 municipality require only the approval of the municipality if:
5-19 (1) the municipality's corporate limits are located in
5-20 more than one county;
5-21 (2) part of the municipality's corporate limits and
5-22 extraterritorial jurisdiction in Waller County is located within
5-23 the District;
5-24 (3) the municipality has a population of less than
5-25 100,000; and
5-26 (4) the drainage facilities or improvements are
5-27 located outside District-owned property or facilities.
6-1 (c) The District may adopt reasonable rules and set
6-2 reasonable standards to provide for adequate drainage construction
6-3 in accordance with standard engineering practices. The rules and
6-4 standards may require the drainage plan to be generally compatible
6-5 with the District's master plan.
6-6 (d) The District by rule may establish procedures for
6-7 presenting plans and specifications to the District and for review
6-8 and disposition of the plans and specifications by the District.
6-9 (e) The District, after review by its engineer, shall
6-10 determine the cost of any drainage facilities or improvements and
6-11 recommend to the appropriate governing body with jurisdiction over
6-12 the subdivision that a surety bond or other approved security in
6-13 that amount for the construction of drainage facilities or
6-14 improvements be secured in the name of the governing body. If the
6-15 governing body does not secure a bond, the District may secure a
6-16 bond for the cost of construction of drainage facilities or
6-17 improvements.
6-18 (f) The District may refuse to approve plans and
6-19 specifications that do not comply with District rules. The
6-20 District may refuse to approve plans and specifications until all
6-21 applicable fees have been paid.
6-22 (g) This section does not apply to:
6-23 (1) agricultural activity; or
6-24 (2) any other activity that does not create an
6-25 aggregate impervious area of more than one acre.
6-26 (h) This section does not limit the authority or
6-27 jurisdiction of a municipality or county to regulate plans and
7-1 specifications for the construction of drainage facilities or
7-2 improvements other than facilities owned or maintained by the
7-3 District. The District's rules and standards for the construction
7-4 of drainage facilities or improvements do not apply to a facility
7-5 or improvement not owned or maintained by the District inside the
7-6 corporate limits of a municipality unless the governing body of the
7-7 municipality or county requires the person to submit the plans and
7-8 specifications for drainage construction to the District.
7-9 Sec. 6B. (a) Rules adopted by the District must be
7-10 consistent with Chapters 49 and 53, Water Code.
7-11 (b) The District may not exercise its power of eminent
7-12 domain outside the District without the express consent of the
7-13 governing body of the municipality or the commissioners court of
7-14 the county in which the territory being condemned is located.
7-15 Sec. 6C. (a) A person who violates this Act or a rule
7-16 adopted under this Act is liable to the District for a civil
7-17 penalty of not less than $10 or more than $200 for each offense.
7-18 Each day a violation continues is a separate offense. A penalty
7-19 under this section is in addition to any other penalty authorized
7-20 by law.
7-21 (b) The District may sue in a district court to enjoin a
7-22 violation or threatened violation of this Act or a rule adopted
7-23 under this Act. The District may sue for injunctive relief and a
7-24 civil penalty in the same proceeding.
7-25 (c) If the District sues to recover a civil penalty or for
7-26 injunctive relief under this Act, or to recover any fee or charge
7-27 under this Act, the court may include in any final judgment in
8-1 favor of the District an award for damages, the recovery of court
8-2 costs, and reasonable attorney's fees.
8-3 Sec. 6D. Chapter 311, Government Code (Code Construction
8-4 Act), applies to this Act.
8-5 SECTION 6. The changes in law made by this Act do not
8-6 invalidate, infringe on, or change the rights, duties, powers, or
8-7 privileges of any municipality, county, or other political
8-8 subdivision of this state as provided by the constitution of this
8-9 state or other laws governing those political subdivisions.
8-10 SECTION 7. The maintenance tax authorized by the voters of
8-11 the Brookshire-Katy Drainage District at the August 12, 1961,
8-12 election is validated by this Act for the purposes and in the
8-13 amount authorized at that election.
8-14 SECTION 8. (a) The changes in law made by Sections 1-6 of
8-15 this Act take effect only on a majority vote in favor of the
8-16 changes by the qualified voters of the Brookshire-Katy Drainage
8-17 District at an election called and held for that purpose.
8-18 (b) As soon as possible after the passage of this Act by the
8-19 77th Legislature, the board of supervisors of the Brookshire-Katy
8-20 Drainage District shall order an election on the question of
8-21 approving the changes in law made by Sections 1-6 of this Act.
8-22 (c) An election ordered under Subsection (b) of this section
8-23 shall be held on the next uniform election date under Section
8-24 41.001, Election Code, that is on or after the 45th day following
8-25 the date the election is ordered.
8-26 (d) Sections 1-6 of this Act take effect on the 45th day
8-27 after the date of the election only if a majority of the votes cast
9-1 at the election favor the changes in law made by Sections 1-6 of
9-2 this Act.
9-3 (e) If a majority of the votes cast at the election are
9-4 against the changes in law made by Sections 1-6 of this Act, the
9-5 board of supervisors may call and hold a subsequent election to
9-6 confirm those changes. The subsequent election must be held, to
9-7 the extent practicable, as provided by Subsections (c) and (d) of
9-8 this section. An election under this subsection may not be held
9-9 earlier than the first anniversary after the date on which the
9-10 previous election was held. If the changes in law made by Sections
9-11 1-6 of this Act are not approved by the voters before September 1,
9-12 2003, this Act expires.
9-13 (f) Except as otherwise provided by this section, an
9-14 election held under this section must be conducted as provided by
9-15 the Election Code.
9-16 SECTION 9. (a) This section and Sections 7 and 8 of this
9-17 Act take effect immediately if the Act receives a vote of
9-18 two-thirds of all the members elected to each house, as provided by
9-19 Section 39, Article III, Texas Constitution. If this Act does not
9-20 receive the vote necessary for immediate effect, this section and
9-21 Sections 7 and 8 take effect September 1, 2001.
9-22 (b) Except as provided by Subsection (a) of this section,
9-23 Sections 1-6 of this Act take effect contingent on an election held
9-24 in the Brookshire-Katy Drainage District to approve the changes in
9-25 law made by this Act, as provided by Section 8 of this Act.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2959 was passed by the House on April
20, 2001, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2959 on May 17, 2001, by the following vote: Yeas 142, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2959 was passed by the Senate, with
amendments, on May 15, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor