1-1 By: Eiland (Senate Sponsor - Jackson) H.B. No. 3698
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on Natural
1-4 Resources; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the powers and authority and the board of directors of
1-9 the Clear Creek Drainage District of Galveston County.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2, Chapter 243, Acts of the 58th
1-12 Legislature, Regular Session, 1963 (Article 8280-285, Vernon's
1-13 Texas Civil Statutes), is amended to read as follows:
1-14 Sec. 2. Said District shall be considered to be organized and
1-15 existing for the sole purpose of the reclamation and drainage of
1-16 its overflowed lands and other lands needing drainage, and to
1-17 accomplish such purpose the District shall have, and is hereby
1-18 vested with, all of the rights, powers, privileges and duties
1-19 conferred and imposed by the General Laws of the State of Texas,
1-20 now in force or hereafter enacted, applicable to drainage [fresh
1-21 water supply] districts created under authority of Section 59 of
1-22 Article XVI, Constitution of Texas, but to the extent that the
1-23 provisions of such General Laws may be in conflict with the
1-24 provisions of this Act, the provisions of this Act shall prevail.
1-25 All such General Laws are hereby incorporated by reference with the
1-26 same effect as if incorporated in full in this Act. Without
1-27 limiting the generalization of the foregoing, it is expressly
1-28 provided that all said powers now or hereafter conferred by such
1-29 General Laws upon drainage [fresh water supply] districts [for the
1-30 purpose of conserving, transporting and distributing fresh water]
1-31 are hereby specifically conferred upon this District for the
1-32 purpose of reclaiming and draining its overflowed lands and other
1-33 lands needing drainage; and, in addition, said District shall be
1-34 authorized to build, construct, purchase, acquire, improve,
1-35 enlarge, extend, repair, maintain or replace all walls, dams,
1-36 dikes, levees, embankments, canals, drains, tanks, laterals and
1-37 pumps which its Board of Directors [Supervisors] deems necessary or
1-38 convenient to carry out the purpose of such District's creation.
1-39 Provided, however, that before issuing any construction bonds said
1-40 District shall submit plans and specifications therefor to the
1-41 Texas Natural Resource Conservation [Water] Commission [(successor
1-42 to State Board of Water Engineers)] for approval in the manner
1-43 required by Section 49.181, Water Code [Acts of the 57th
1-44 Legislature, Regular Session, Chapter 336, 1961, codified in
1-45 Vernon's Annotated Civil Statutes of Texas as Article 7880-139],
1-46 and said District's project and improvements during the course of
1-47 construction shall be subject to inspection in the manner provided
1-48 by Section 49.182, Water Code [said Article 7880-139]. Said
1-49 District shall have authority to act jointly with individuals, with
1-50 firms, with corporations, with partnerships, with other districts,
1-51 with political subdivisions of the state, with other states, with
1-52 cities and towns and with the federal government in the performance
1-53 and accomplishment of any of the things permitted hereunder upon
1-54 such terms and conditions as may be deemed advisable by said
1-55 District's Board of Directors [Supervisors]. Said District shall
1-56 also have the power to make, construct, or otherwise acquire
1-57 improvements either within or without the boundaries thereof
1-58 necessary or convenient to carry out the powers and authority
1-59 granted by this Act and said General Laws. In the event that the
1-60 District, in the exercise of the power of eminent domain or power
1-61 of relocation, or any other power granted hereunder, makes
1-62 necessary the relocation, raising, rerouting or changing the grade
1-63 of, or altering the construction of any highway, railroad, electric
1-64 transmission line, telephone or telegraph properties and
2-1 facilities, or pipeline, all such necessary relocation, raising,
2-2 rerouting, changing of grade or alteration of construction shall be
2-3 accomplished at the sole expense of the District. The term "sole
2-4 expense" shall mean the actual cost of such relocation, raising,
2-5 lowering, rerouting, or change in grade or alteration of
2-6 construction in providing comparable replacement without
2-7 enhancement of such facilities, after deducting therefrom the net
2-8 salvage value derived from the old facility.
2-9 SECTION 2. Chapter 243, Acts of the 58th Legislature,
2-10 Regular Session, 1963 (Article 8280-285, Vernon's Texas Civil
2-11 Statutes), is amended by adding Section 2b to read as follows:
2-12 Sec. 2b. The District has all the powers, rights, duties, and
2-13 obligations provided by Chapters 49, 50, and 56, Water Code, except
2-14 that this Act prevails over a conflicting provision of Chapter 49,
2-15 50, or 56, Water Code.
2-16 SECTION 3. Section 3(a), Chapter 243, Acts of the 58th
2-17 Legislature, Regular Session, 1963 (Article 8280-285, Vernon's
2-18 Texas Civil Statutes), is amended to read as follows:
2-19 (a) The management and control of the District is hereby
2-20 vested in a Board of five Directors [(5) Supervisors] which shall
2-21 have all of the powers and authority and duties conferred and
2-22 imposed upon Boards of Directors [Supervisors] of drainage [fresh
2-23 water supply] districts organized under Chapter 56 [53], Water
2-24 Code, together with all amendments thereof and additions thereto.
2-25 Members of the Board of Directors [Supervisors] shall be elected
2-26 and shall hold office for staggered terms of four years. Position
2-27 numbers shall be assigned to each Director's [Supervisor's] office,
2-28 and each Director [Supervisor] shall be elected by position. An
2-29 election shall be held on the first Saturday in May in each
2-30 even-numbered year to elect the appropriate number of Directors
2-31 [Supervisors], and the person running for each position that
2-32 receives the most votes for that position is elected Director
2-33 [Supervisor]. Directors [Supervisors] shall take office at the
2-34 first regular meeting of the Board of Directors [Supervisors] in
2-35 May after the election.
2-36 SECTION 4. Chapter 243, Acts of the 58th Legislature,
2-37 Regular Session, 1963 (Article 8280-285, Vernon's Texas Civil
2-38 Statutes), is amended by adding Section 3A to read as follows:
2-39 Sec. 3A. If the Board of Directors determines to consolidate
2-40 with another district governed by Chapter 56, Water Code, the
2-41 Board, in the consolidation agreement with the other District, may
2-42 provide that:
2-43 (1) the new consolidated District shall be governed by
2-44 a Board of five Directors;
2-45 (2) persons elected to fill stated numbers of
2-46 positions on the consolidated Board must be residents of the
2-47 territories within the boundaries of the original Districts as they
2-48 existed before consolidation; and
2-49 (3) notwithstanding Section 3(a) of this Act and
2-50 Subdivision (1) of this section, the directors of the original
2-51 districts shall serve jointly as Directors of the consolidated
2-52 Board until each original Director's term expires, each position
2-53 being eliminated on expiration of the term and no vacancies on the
2-54 Board being filled until the joint Board is reduced to five or
2-55 fewer Directors, so as to maintain a joint Board of five Directors.
2-56 SECTION 5. Sections 4, 5, and 6, Chapter 243, Acts of the
2-57 58th Legislature, Regular Session, 1963 (Article 8280-285, Vernon's
2-58 Texas Civil Statutes), are amended to read as follows:
2-59 Sec. 4. All provisions of the General Laws relative to the
2-60 assessment, levy and collection of ad valorem taxes shall apply to
2-61 the District, except that the District's Tax Assessor-Collector
2-62 shall be appointed by the Board of Directors [Supervisors] for a
2-63 term not to exceed the term of office of the members of the Board
2-64 making such appointment, and, further, that said Tax
2-65 Assessor-Collector need not be a resident or voter of the District.
2-66 Sec. 5. It is hereby found and determined that all of the
2-67 lands and other property included within the District are and will
2-68 be benefited by the creation of the District and by the
2-69 improvements that the District will purchase, construct, or
3-1 otherwise acquire, and that the District is created to serve a
3-2 public use and benefit. Upon the adoption of this Act, said
3-3 District shall be a fully created and established drainage [fresh
3-4 water supply] district.
3-5 Sec. 6. Land, contiguous to said District or otherwise, may
3-6 be added to said District not only in the manner now provided by
3-7 Chapter 49, Water Code [4, Title 128, Revised Civil Statutes of
3-8 Texas, 1925, as amended], but also land may be added to such
3-9 District and become a part thereof upon petition of the owner or
3-10 owners thereof in the following manner: the owner or owners of the
3-11 land shall file with the Board of Directors [Supervisors] a
3-12 petition praying that the lands described be added to and become a
3-13 part of said District, and said petition may describe said land by
3-14 metes and bounds or by lot and block number and shall be signed and
3-15 executed in the same manner provided by law for the conveyance of
3-16 real estate. Such petition shall be heard and considered by the
3-17 Board of Directors [Supervisors] and may be granted and said land
3-18 added to the District if same is considered to be to the advantage
3-19 of the District. Any such petition which may be granted so adding
3-20 lands to the District shall be filed for record and be recorded in
3-21 the Galveston County Deed Records.
3-22 SECTION 6. The changes in law made by this Act do not affect
3-23 the validity of an action taken or a project begun by the board of
3-24 directors of the Clear Creek Drainage District of Galveston County
3-25 before the effective date of this Act or the bond agreements or
3-26 security for bonds issued by the district before the effective date
3-27 of this Act.
3-28 SECTION 7. This Act takes effect September 1, 2001.
3-29 * * * * *