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.