By Eiland                                             H.B. No. 3698
         77R3628 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the powers and authority and the board of directors of
 1-3     the Clear Creek Drainage District of Galveston County.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2, Chapter 243, Acts of the 58th
 1-6     Legislature, Regular Session, 1963 (Article 8280-285, Vernon's
 1-7     Texas Civil Statutes), is amended to read as follows:
 1-8           Sec. 2. Said District shall be considered to be organized and
 1-9     existing for the sole purpose of the reclamation and drainage of
1-10     its overflowed lands and other lands needing drainage, and to
1-11     accomplish such purpose the District shall have, and is hereby
1-12     vested with, all of the rights, powers, privileges and duties
1-13     conferred and imposed by the General Laws of the State of Texas,
1-14     now in force or hereafter enacted, applicable to drainage [fresh
1-15     water supply] districts created under authority of Section 59 of
1-16     Article XVI, Constitution of Texas, but to the extent that the
1-17     provisions of such General Laws may be in conflict with the
1-18     provisions of this Act, the provisions of this Act shall prevail.
1-19     All such General Laws are hereby incorporated by reference with the
1-20     same effect as if incorporated in full in this Act.  Without
1-21     limiting the generalization of the foregoing, it is expressly
1-22     provided that all said powers now or hereafter conferred by such
1-23     General Laws upon drainage [fresh water supply] districts [for the
1-24     purpose of conserving, transporting and distributing fresh water]
 2-1     are hereby specifically conferred upon this District for the
 2-2     purpose of reclaiming and draining its overflowed lands and other
 2-3     lands needing drainage; and, in addition, said District shall be
 2-4     authorized to build, construct, purchase, acquire, improve,
 2-5     enlarge, extend, repair, maintain or replace all walls, dams,
 2-6     dikes, levees, embankments, canals, drains, tanks, laterals and
 2-7     pumps which its Board of Directors [Supervisors] deems necessary or
 2-8     convenient to carry out the purpose of such District's creation.
 2-9     Provided, however, that before issuing any construction bonds said
2-10     District shall submit plans and specifications therefor to the
2-11     Texas Natural Resource Conservation [Water] Commission [(successor
2-12     to State Board of Water Engineers)] for approval in the manner
2-13     required by Section 49.181, Water Code [Acts of the 57th
2-14     Legislature, Regular Session, Chapter 336, 1961, codified in
2-15     Vernon's Annotated Civil Statutes of Texas as Article 7880-139],
2-16     and said District's project and improvements during the course of
2-17     construction shall be subject to inspection in the manner provided
2-18     by Section 49.182, Water Code [said Article 7880-139].  Said
2-19     District shall have authority to act jointly with individuals, with
2-20     firms, with corporations, with partnerships, with other districts,
2-21     with political subdivisions of the state, with other states, with
2-22     cities and towns and with the federal government in the performance
2-23     and accomplishment of any of the things permitted hereunder upon
2-24     such terms and conditions as may be deemed advisable by said
2-25     District's Board of Directors [Supervisors].  Said District shall
2-26     also have the power to make, construct, or otherwise acquire
2-27     improvements either within or without the boundaries thereof
 3-1     necessary or convenient to carry out the powers and authority
 3-2     granted by this Act and said General Laws.  In the event that the
 3-3     District, in the exercise of the power of eminent domain or power
 3-4     of relocation, or any other power granted hereunder, makes
 3-5     necessary the relocation, raising, rerouting or changing the grade
 3-6     of, or altering the construction of any highway, railroad, electric
 3-7     transmission line, telephone or telegraph properties and
 3-8     facilities, or pipeline, all such necessary relocation, raising,
 3-9     rerouting, changing of grade or alteration of construction shall be
3-10     accomplished at the sole expense of the District.  The term "sole
3-11     expense" shall mean the actual cost of such relocation, raising,
3-12     lowering, rerouting, or change in grade or alteration of
3-13     construction in providing comparable replacement without
3-14     enhancement of such facilities, after deducting therefrom the net
3-15     salvage value derived from the old facility.
3-16           SECTION 2.  Chapter 243, Acts of the 58th Legislature,
3-17     Regular Session, 1963 (Article 8280-285, Vernon's Texas Civil
3-18     Statutes), is amended by adding Section 2b to read as follows:
3-19           Sec. 2b. The District has all the powers, rights, duties, and
3-20     obligations provided by Chapters 49, 50, and 56, Water Code, except
3-21     that this Act prevails over a conflicting provision of Chapter 49,
3-22     50, or 56, Water Code.
3-23           SECTION 3.  Section 3(a), Chapter 243, Acts of the 58th
3-24     Legislature, Regular Session, 1963 (Article 8280-285, Vernon's
3-25     Texas Civil Statutes), is amended to read as follows:
3-26           (a)  The management and control of the District is hereby
3-27     vested in a Board of five Directors [(5) Supervisors] which shall
 4-1     have all of the powers and authority and duties conferred and
 4-2     imposed upon Boards of Directors [Supervisors] of drainage [fresh
 4-3     water supply] districts organized under Chapter 56 [53], Water
 4-4     Code, together with all amendments thereof and additions thereto.
 4-5     Members of the Board of Directors [Supervisors] shall be elected
 4-6     and shall hold office for staggered terms of four years.  Position
 4-7     numbers shall be assigned to each Director's [Supervisor's] office,
 4-8     and each Director [Supervisor] shall be elected by position.  An
 4-9     election shall be held on the first Saturday in May in each
4-10     even-numbered year to elect the appropriate number of Directors
4-11     [Supervisors], and the person running for each position that
4-12     receives the most votes for that position is elected Director
4-13     [Supervisor].  Directors [Supervisors] shall take office at the
4-14     first regular meeting of the Board of Directors [Supervisors] in
4-15     May after the election.
4-16           SECTION 4.  Chapter 243, Acts of the 58th Legislature,
4-17     Regular Session, 1963 (Article 8280-285, Vernon's Texas Civil
4-18     Statutes), is amended by adding Section 3A to read as follows:
4-19           Sec. 3A.  If the Board of Directors determines to consolidate
4-20     with another district governed by Chapter 56, Water Code, the
4-21     Board, in the consolidation agreement with the other District, may
4-22     provide that:
4-23                 (1)  the new consolidated District shall be governed by
4-24     a Board of five Directors;
4-25                 (2)  persons elected to fill stated numbers of
4-26     positions on the consolidated Board must be residents of the
4-27     territories within the boundaries of the original Districts as they
 5-1     existed before consolidation; and
 5-2                 (3)  notwithstanding Section 3(a) of this Act and
 5-3     Subdivision (1) of this section, the directors of the original
 5-4     districts shall serve jointly as Directors of the consolidated
 5-5     Board until each original Director's term expires, each position
 5-6     being eliminated on expiration of the term and no vacancies on the
 5-7     Board being filled until the joint Board is reduced to five or
 5-8     fewer Directors, so as to maintain a joint Board of five Directors.
 5-9           SECTION 5.  Sections 4, 5, and 6, Chapter 243, Acts of the
5-10     58th Legislature, Regular Session, 1963 (Article 8280-285, Vernon's
5-11     Texas Civil Statutes), are amended to read as follows:
5-12           Sec. 4.  All provisions of the General Laws relative to the
5-13     assessment, levy and collection of ad valorem taxes shall apply to
5-14     the District, except that the District's Tax Assessor-Collector
5-15     shall be appointed by the Board of Directors [Supervisors] for a
5-16     term not to exceed the term of office of the members of the Board
5-17     making such appointment, and, further, that said Tax
5-18     Assessor-Collector need not be a resident or voter of the District.
5-19           Sec. 5.  It is hereby found and determined that all of the
5-20     lands and other property included within the District are and will
5-21     be benefited by the creation of the District and by the
5-22     improvements that the District will purchase, construct, or
5-23     otherwise acquire, and that the District is created to serve a
5-24     public use and benefit.  Upon the adoption of this Act, said
5-25     District shall be a fully created and established drainage [fresh
5-26     water supply] district.
5-27           Sec. 6.  Land, contiguous to said District or otherwise, may
 6-1     be added to said District not only in the manner now provided by
 6-2     Chapter 49, Water Code [4, Title 128, Revised Civil Statutes of
 6-3     Texas, 1925, as amended], but also land may be added to such
 6-4     District and become a part thereof upon petition of the owner or
 6-5     owners thereof in the following manner: the owner or owners of the
 6-6     land shall file with the Board of Directors [Supervisors] a
 6-7     petition praying that the lands described be added to and become a
 6-8     part of said District, and said petition may describe said land by
 6-9     metes and bounds or by lot and block number and shall be signed and
6-10     executed in the same manner provided by law for the conveyance of
6-11     real estate.  Such petition shall be heard and considered by the
6-12     Board of Directors [Supervisors] and may be granted and said land
6-13     added to the District if same is considered to be to the advantage
6-14     of the District.  Any such petition which may be granted so adding
6-15     lands to the District shall be filed for record and be recorded in
6-16     the Galveston County Deed Records.
6-17           SECTION 6.  The changes in law made by this Act do not affect
6-18     the validity of an action taken or a project begun by the board of
6-19     directors of the Clear Creek Drainage District of Galveston County
6-20     before the effective date of this Act or the bond agreements or
6-21     security for bonds issued by the district before the effective date
6-22     of this Act.
6-23           SECTION 7.  This Act takes effect September 1, 2001.