1-1     By:  Williams (Senate Sponsor - Ogden)                H.B. No. 2959
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 4, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 6, Nays 0;
 1-6     May 4, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2959              By:  Barrientos
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the board of supervisors and the powers of the
1-11     Brookshire-Katy Drainage District; providing a civil penalty.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Chapter 203, Acts of the 57th Legislature,
1-14     Regular Session, 1961, is amended by adding Section 1A to read as
1-15     follows:
1-16           Sec. 1A.  The legislature finds that the boundaries of the
1-17     District as described in Section 1 of this Act and the field notes
1-18     relating to those boundaries form a closure, and any mistake made
1-19     in copying the field notes in the legislative process, or a mistake
1-20     otherwise made in the field notes, does not affect the
1-21     organization, existence, or validity of the District, or the
1-22     authority of the District to take any action authorized by this Act
1-23     and the General Laws, or in any other manner affect the legality or
1-24     operation of the District or its governing body, it being the
1-25     intention of the legislature that all of the land included in the
1-26     District as created in 1961 be included in those boundaries.
1-27           SECTION 2.  Section 2, Chapter 203, Acts of the 57th
1-28     Legislature, Regular Session, 1961, is amended to read as follows:
1-29           Sec. 2.  Said District shall be considered to be organized
1-30     and existing for the sole purpose of the reclamation and drainage
1-31     of its overflowed lands and other lands needing drainage, and to
1-32     accomplish such purpose the District shall have and exercise, and
1-33     is hereby vested with, all of the rights, powers, privileges, and
1-34     duties conferred and imposed by the General Laws of the State of
1-35     Texas, now in force or hereafter enacted, applicable to fresh water
1-36     supply districts created under authority of Section 59 of Article
1-37     XVI, Constitution of Texas, including Chapters 49 and 53, Water
1-38     Code, but to the extent that the provisions of such General Laws
1-39     may be in conflict or inconsistent with the provisions of this Act,
1-40     the provisions of this Act shall prevail.   All such General Laws
1-41     are hereby incorporated with the same effect as if incorporated in
1-42     full in this Act.  Without limiting the generalization of the
1-43     foregoing, it is expressly provided that all said powers now or
1-44     hereafter conferred by such General Laws upon fresh water supply
1-45     districts for the purpose of conserving, transporting and
1-46     distributing fresh water are hereby specifically conferred upon
1-47     this District for the purpose of reclaiming and draining its
1-48     overflowed lands and other lands needing drainage.  [In the event
1-49     that the District, in the exercise of the power of eminent domain
1-50     or power of relocation, or any other power granted hereunder, makes
1-51     necessary the relocation, raising, re-routing or changing the grade
1-52     of, or altering the construction of any highway, railroad, electric
1-53     transmission line, telephone or telegraph properties and
1-54     facilities, or pipeline, all such necessary relocation, raising,
1-55     re-routing, changing of grade or alteration of construction shall
1-56     be accomplished at the sole expense of the District.  The term
1-57     "sole expense" shall mean the actual cost of such relocation,
1-58     raising, lowering, re-routing, or change in grade or alteration of
1-59     construction in providing comparable replacement without
1-60     enhancement of such facilities, after deducting therefrom the net
1-61     salvage value derived from the old facility.  The exercise of the
1-62     power of eminent domain shall not extend beyond the boundaries of
1-63     the authority, as defined herein.]
1-64           SECTION 3.  Section 4, Chapter 203, Acts of the 57th
 2-1     Legislature, Regular Session, 1961, is amended to read as follows:
 2-2           Sec. 4.  The Assessor and Collector of taxes of Waller County
 2-3     shall, ex officio, be the Assessor and Collector of taxes for the
 2-4     District.  For services to the District in assessing and collecting
 2-5     taxes for the District, the Assessor and Collector may deduct from
 2-6     all taxes collected on the current year's tax rolls an amount of
 2-7     money to which the Board of Supervisors agrees, not to exceed the
 2-8     amount provided by the General Laws relative to the assessment,
 2-9     levy, and collection of ad valorem taxes.  For the collection of
2-10     delinquent taxes the Assessor and Collector may receive
2-11     compensation in the same manner as the Assessor and Collector
2-12     receives for collecting delinquent state and county taxes.  The
2-13     Assessor and Collector may not duplicate a charge made for costs of
2-14     suit related to enforcement of state and county taxes.  [The blanks
2-15     used by the Assessor and Collector to accept rendition of property
2-16     for taxation by the County shall be printed so as to show that the
2-17     rendition of property situated in the District is also made for the
2-18     benefit of the District.  The property which is situated in the
2-19     District shall be clearly indicated on the approved tax rolls in
2-20     the office of the Assessor and Collector.  The value of property
2-21     situated in the District as equalized by the Board of Equalization
2-22     of Waller County, finally approved by the Commissioners Court of
2-23     Waller County and as extended on the approved tax rolls of Waller
2-24     County shall constitute the assessed values of such property for
2-25     purposes of District taxation.  Within five (5) days after the
2-26     approval of the report of the Board of Equalization by the
2-27     Commissioners Court of the County, the Assessor and Collector of
2-28     taxes shall certify to the District the total assessed valuation of
2-29     property situated in the District according to such approved
2-30     rolls.]
2-31           SECTION 4.  Section 5, Chapter 203, Acts of the 57th
2-32     Legislature, Regular Session, 1961, is amended to read as follows:
2-33           Sec. 5.  Taxes shall be levied and collected under the
2-34     provisions of the General Laws applicable to fresh water districts,
2-35     including Chapters 49 and 53, Water Code, and when an election is
2-36     required by the General Laws, before taxes may be levied or
2-37     increased, the District must hold an election as provided by
2-38     Section 49.107, Water Code.  The total amount of taxes levied by
2-39     the District for all purposes shall never in any one (1) year
2-40     exceed seventy-five cents (75 ) on the one hundred dollar valuation
2-41     of taxable property within the District.  [No such tax shall be
2-42     levied, however, until authorized at an election called for that
2-43     purpose by the Board of Supervisors, at which a majority of the
2-44     qualified voters voting at such election vote in favor of the levy
2-45     and collection of such tax.  For his services rendered to the
2-46     District in assessing and collecting taxes for the District, the
2-47     Assessor and Collector shall be entitled to deduct from all taxes
2-48     thus collected on the current year's tax rolls a sum as agreed upon
2-49     by the Board of Supervisors, not to exceed the amount provided by
2-50     the General Laws relative to the assessment, levy and collection of
2-51     ad valorem taxes, and for the collection of delinquent taxes
2-52     compensation in like manner to that which he receives in collecting
2-53     delinquent State and County taxes, provided that no duplicated
2-54     charge shall be made for costs of suit where a charge is made in
2-55     reference to enforcement of State and County taxes.]
2-56           SECTION 5.  Chapter 203, Acts of the 57th Legislature,
2-57     Regular Session, 1961, is amended by adding Sections 6A, 6B, 6C,
2-58     and 6D to read as follows:
2-59           Sec. 6A.  (a)  On or after September 1, 2001, a person may
2-60     not construct drainage facilities or improvements on or to serve a
2-61     tract of land in the District unless the District has approved the
2-62     plans and specifications for the drainage facilities or
2-63     improvements.
2-64           (b)  Notwithstanding Subsection (a), plans and specifications
2-65     for drainage facilities or improvements located within the
2-66     corporate limits or the extraterritorial jurisdiction of a
2-67     municipality require only the approval of the municipality if:
2-68                 (1)  the municipality's corporate limits are located in
2-69     more than one county;
 3-1                 (2)  part of the municipality's corporate limits and
 3-2     extraterritorial jurisdiction in Waller County is located within
 3-3     the District;
 3-4                 (3)  the municipality has a population of less than
 3-5     100,000; and
 3-6                 (4)  the drainage facilities or improvements are
 3-7     located outside District-owned property or facilities.
 3-8           (c)  The District may adopt reasonable rules and set
 3-9     reasonable standards to provide for adequate drainage construction
3-10     in accordance with standard engineering practices.  The rules and
3-11     standards may require the drainage plan to be generally compatible
3-12     with the District's master plan.
3-13           (d)  The District by rule may establish procedures for
3-14     presenting plans and specifications to the District and for review
3-15     and disposition of the plans and specifications by the District.
3-16           (e)  The District, after review by its engineer, shall
3-17     determine the cost of any drainage facilities or improvements and
3-18     recommend to the appropriate governing body with jurisdiction over
3-19     the subdivision that a surety bond or other approved security in
3-20     that amount for the construction of drainage facilities or
3-21     improvements be secured in the name of the governing body.  If the
3-22     governing body does not secure a bond, the District may secure a
3-23     bond for the cost of construction of drainage facilities or
3-24     improvements.
3-25           (f)  The District may refuse to approve plans and
3-26     specifications that do not comply with District rules.  The
3-27     District may refuse to approve plans and specifications until all
3-28     applicable fees have been paid.
3-29           (g)  This section does not apply to:
3-30                 (1)  agricultural activity; or
3-31                 (2)  any other activity that does not create an
3-32     aggregate impervious area of more than one acre.
3-33           (h)  This section does not limit the authority or
3-34     jurisdiction of a municipality or county to regulate plans and
3-35     specifications for the construction of drainage facilities or
3-36     improvements other than facilities owned or maintained by the
3-37     District.  The District's rules and standards for the construction
3-38     of drainage facilities or improvements do not apply to a facility
3-39     or improvement not owned or maintained by the District inside the
3-40     corporate limits of a municipality unless the governing body of the
3-41     municipality or county requires the person to submit the plans and
3-42     specifications for drainage construction to the District.
3-43           Sec. 6B.  (a)  Rules adopted by the District must be
3-44     consistent with Chapters 49 and 53, Water Code.
3-45           (b)  The District may not exercise its power of eminent
3-46     domain outside the District without the express consent of the
3-47     governing body of the municipality or the commissioners court of
3-48     the county in which the territory being condemned is located.
3-49           Sec. 6C.  (a)  A person who violates this Act or a rule
3-50     adopted under this Act is liable to the District for a civil
3-51     penalty of not less than $10 or more than $200 for each offense.
3-52     Each day a violation continues is a separate offense.  A penalty
3-53     under this section is in addition to any other penalty authorized
3-54     by law.
3-55           (b)  The District may sue in a district court to enjoin a
3-56     violation or threatened violation of this Act or a rule adopted
3-57     under this Act.  The District may sue for injunctive relief and a
3-58     civil penalty in the same proceeding.
3-59           (c)  If the District sues to recover a civil penalty or for
3-60     injunctive  relief under this Act, or to recover any fee or charge
3-61     under this Act, the court may include in any final judgment in
3-62     favor of the District an award for damages, the recovery of court
3-63     costs, and reasonable attorney's fees.
3-64           Sec. 6D.  Chapter 311, Government Code (Code Construction
3-65     Act), applies to this Act.
3-66           SECTION 6.  The changes in law made by this Act do not
3-67     invalidate, infringe on, or change the rights, duties, powers, or
3-68     privileges of any municipality, county, or other political
3-69     subdivision of this state as provided by the constitution of this
 4-1     state or other laws governing those political subdivisions.
 4-2           SECTION 7.  The maintenance tax authorized by the voters of
 4-3     the Brookshire-Katy Drainage District at the August 12, 1961,
 4-4     election is validated by this Act for the purposes and in the
 4-5     amount authorized at that election.
 4-6           SECTION 8.  (a)  The changes in law made by Sections 1-6 of
 4-7     this Act take effect only on a majority vote in favor of the
 4-8     changes by the qualified voters of the Brookshire-Katy Drainage
 4-9     District at an election called and held for that purpose.
4-10           (b)  As soon as possible after the passage of this Act by the
4-11     77th Legislature, the board of supervisors of the Brookshire-Katy
4-12     Drainage District shall order an election on the question of
4-13     approving the changes in law made by Sections 1-6 of this Act.
4-14           (c)  An election ordered under Subsection (b) of this section
4-15     shall be held on the next uniform election date under Section
4-16     41.001, Election Code, that is on or after the 45th day following
4-17     the date the election is ordered.
4-18           (d)  Sections 1-6 of this Act take effect on the 45th day
4-19     after the date of the election only if a majority of the votes cast
4-20     at the election favor the changes in law made by Sections 1-6 of
4-21     this Act.
4-22           (e)  If a majority of the votes cast at the election are
4-23     against the changes in law made by Sections 1-6 of this Act, the
4-24     board of supervisors may call and hold a subsequent election to
4-25     confirm those changes.  The subsequent election must be held, to
4-26     the extent practicable, as provided by Subsections (c) and (d) of
4-27     this section.  An election under this subsection may not be held
4-28     earlier than the first anniversary after the date on which the
4-29     previous election was held.  If the changes in law made by Sections
4-30     1-6 of this Act are not approved by the voters before September 1,
4-31     2003, this Act expires.
4-32           (f)  Except as otherwise provided by this section, an
4-33     election held under this section must be conducted as provided by
4-34     the Election Code.
4-35           SECTION 9.  (a)  This section and Sections 7 and 8 of this
4-36     Act take effect immediately if the Act receives a vote of
4-37     two-thirds of all the members elected to each house, as provided by
4-38     Section 39, Article III, Texas Constitution.  If this Act does not
4-39     receive the vote necessary for immediate effect, this section and
4-40     Sections 7 and 8 take effect September 1, 2001.
4-41           (b)  Except as provided by Subsection (a) of this section,
4-42     Sections 1-6 of this Act take effect contingent on an election held
4-43     in the Brookshire-Katy Drainage District to approve the changes in
4-44     law made by this Act, as provided by Section 8 of this Act.
4-45                                  * * * * *