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 * * * * *