By: Jackson S.B. No. 1685
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Galveston Seawall Conservation
1-3 District; providing the authority to impose taxes and issue bonds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. LEGISLATIVE FINDINGS; PURPOSES. (a) The
1-6 Galveston Seawall Conservation District is created as a special
1-7 district under Section 59, Article XVI, Texas Constitution.
1-8 (b) The creation of the district is declared to be essential
1-9 to the accomplishment of the purposes of Section 59, Article XVI,
1-10 and Section 52-a, Article III, of the Texas Constitution, and to
1-11 the accomplishment of the other public purposes stated in this Act.
1-12 (c) The creation of the district is necessary to promote,
1-13 develop, encourage, and maintain employment, commerce, economic
1-14 development, and the public welfare in the area of the district.
1-15 (d) The creation of the district and this Act may not be
1-16 interpreted to relieve the county or any municipality within the
1-17 county from providing services to the area of the district or to
1-18 release the county or the municipality within the county from the
1-19 obligation it has to provide services to the area. The district is
1-20 created to supplement and not supplant the services of the county
1-21 or any municipality within the county.
1-22 (e) All of the land and other property to be included within
1-23 the boundaries of the district will be benefited by the works and
2-1 projects that are to be accomplished and the services to be
2-2 provided by the district under powers conferred by Section 59,
2-3 Article XVI, and Section 52-a, Article III, of the Texas
2-4 Constitution, and other powers granted under this Act.
2-5 (f) The district is created to serve a public use and
2-6 benefit.
2-7 (g)The creation of the district is essential to further the
2-8 public purposes of development and diversification of the economy
2-9 of the state, the elimination of unemployment and underemployment,
2-10 and the development or expansion of commerce and is in the public
2-11 interest.
2-12 (h) The creation of the district is necessary to protect the
2-13 state's natural resources through restoration and protection of
2-14 natural resources along the boundaries and within the district,
2-15 including beach, sand dune and shore nourishment, shore protection,
2-16 vegetation, stabilization, restoration and reclamation, circulation
2-17 of sand, erosion abatement, construction and maintenance of
2-18 bulkheads, jetties, levees, breakwaters, barrier reefs, seawalls,
2-19 geotubes, groins, t-heads, crossovers, and navigation projects, and
2-20 provision of all other facilities, improvements, plants, works,
2-21 appliances, equipment, measures and services that may protect
2-22 beaches and shores of the district from erosion, promote use of the
2-23 public beach, and protect and restore natural resources within the
2-24 district.
2-25 (i) The creation of the district is necessary to promote,
2-26 develop, and encourage navigation along the state's coastal waters,
3-1 bays, and inlets, including the deepening and widening of
3-2 navigation channels.
3-3 (j) Each improvement project or service authorized by this
3-4 chapter is found and declared to carry out a public purpose.
3-5 SECTION 2. CONSTRUCTION OF ACT. (a) This Act shall be
3-6 liberally construed in conformity with the findings and purposes in
3-7 Section 1.
3-8 (b) If any provision of general law is in conflict or
3-9 inconsistent with this Act, this Act prevails. Any general law not
3-10 in conflict or inconsistent with this Act is adopted and
3-11 incorporated by reference.
3-12 SECTION 3. DEFINITIONS. In this chapter:
3-13 (1) "Board" means a board of directors of the district.
3-14 (2) "Bond" means any type of interest-bearing
3-15 obligation, including a bond, note, bond anticipation note,
3-16 certificate of participation, lease, contract, or other evidence of
3-17 indebtedness.
3-18 (3) "Commission" means the Texas Natural Resource
3-19 Conservation Commission.
3-20 (4) "County" means Galveston County.
3-21 (5) "District" means the Bolivar Conservation
3-22 District.
3-23 SECTION 4. GOVERNMENTAL AGENCY; TORT CLAIMS. (a) The
3-24 district is a governmental agency, a body politic and corporate,
3-25 and a political subdivision of the state.
3-26 (b) The district is a unit of government for purposes of
4-1 Chapter 101, Civil Practice and Remedies Code, and operations of
4-2 the district are considered to be essential governmental functions
4-3 and not proprietary functions for all purposes, including the
4-4 application of the Texas Tort Claims Act.
4-5 SECTION 5. BOUNDARIES OF THE DISTRICT. The district
4-6 includes all of the territory contained within the following
4-7 described land:
4-8 BEGINNING at the intersection of the southerly projection of the
4-9 centerline of 103rd street in the City of Galveston, Texas and the
4-10 mean high tide line of the Gulf of Mexico on Galveston Island;
4-11 Thence along the centerline of 103rd street and the southerly and
4-12 northerly projection thereof in a northerly direction to the
4-13 intersection of such line with the centerline of the Intracoastal
4-14 Waterway;
4-15 Thence along the centerline of the Intracoastal Waterway in an
4-16 easterly direction to the intersection of such line with the
4-17 centerline of the Texas City Channel;
4-18 Thence along the centerline of the Texas City Channel in a
4-19 southerly direction to the intersection of such line with the
4-20 centerline of the Inner Bar Channel (of the Texas City Channel and
4-21 the Houston Ship Channel);
4-22 Thence along the centerline of the Inner Bar Channel in a southerly
4-23 direction to the intersection of such line with the easterly
4-24 projection of the centerline of Seawall Boulevard in the City of
4-25 Galveston, Texas;
4-26 Thence with the easterly projection of the centerline of Seawall
5-1 Boulevard in a westerly direction to the intersection of such line
5-2 with the mean high tide line on Galveston Island; and
5-3 Thence with the man high tide line on Galveston Island in a
5-4 southerly and westerly direction to the PLACE OF BEGINNING.
5-5 SECTION 6. FINDINGS RELATING TO BOUNDARIES. The boundaries
5-6 and field notes of the district form a closure. If a mistake is
5-7 made in the field notes or in copying the field notes in the
5-8 legislative process, it does not affect the district's:
5-9 (1) organization, existence, or validity;
5-10 (2) right to issue any type of bond for the purposes
5-11 for which the district is created or to pay the principal of and
5-12 interest on a bond;
5-13 (3) right to impose or collect an assessment or ad
5-14 valorem taxes; or
5-15 (4) legality or operation.
5-16 SECTION 7. CONFIRMATION ELECTION. (a) Before issuing any
5-17 bonds or other obligations or levying an assessment or ad valorem
5-18 taxes or conducing any other activity, an election shall be held
5-19 within the boundaries of the district to determine if the district
5-20 shall be created.
5-21 (b) Notice of the confirmation election shall state the day
5-22 and place or places for holding the election and the propositions
5-23 to be voted on.
5-24 (c) The ballots for the confirmation election shall be
5-25 printed to provide for voting "For District" and "Against
5-26 District."
6-1 (d) Immediately after the confirmation election, the
6-2 presiding judge shall take returns of the results to the board.
6-3 The board shall canvass the returns and declare the results at the
6-4 earliest practicable time.
6-5 (e) If a majority of the votes cast by qualified voters
6-6 within the district in the election favor the creation of the
6-7 district, then the board shall declare that the district is created
6-8 and enter the results in the minutes. If a majority of the votes
6-9 cast in the election are against the creation of the district, the
6-10 board shall declare that the district was defeated and enter the
6-11 results in its minutes. A copy of the order shall be filed with
6-12 the commission.
6-13 (f) The board may call more than one confirmation election.
6-14 (g) The order canvassing the results of the confirmation
6-15 election shall contain a description of the district's boundaries
6-16 and shall be filed with the executive director of the commission
6-17 and in the deed records of the county.
6-18 SECTION 8. ANNEXATION. The district may annex land as
6-19 provided by Subchapter J, Chapter 49, Water Code, subject to the
6-20 approval of the commissioners court of the county.
6-21 SECTION 9. EXCLUDING TERRITORY. (a) At any time during
6-22 which the district does not have outstanding bonds, the board on
6-23 its own motion may call a hearing on the question of the exclusion
6-24 of land from the district in the manner provided by Subchapter J,
6-25 Chapter 49, Water Code, if the exclusions are practicable, just, or
6-26 desirable.
7-1 (b) The board shall call a hearing on the exclusion of land
7-2 or other property from the district if a landowner or property
7-3 owner in the district files with the secretary of the board a
7-4 written petition requesting the hearing before the issuance of
7-5 bonds.
7-6 SECTION 10. NUMBER OF DIRECTORS; TERMS. The district is
7-7 governed by a board of five directors who serve staggered terms of
7-8 four years, with three directors' terms expiring June 1 of an
7-9 odd-numbered year and two directors' terms expiring June 1 of the
7-10 following odd-numbered year.
7-11 SECTION 11. QUALIFICATIONS OF DIRECTORS. To be qualified to
7-12 serve as a director, a person must be at least 18 years old and:
7-13 (1) a resident of the district; or
7-14 (2) an owner of property in the district.
7-15 SECTION 12. APPOINTMENT OF DIRECTORS. (a) The
7-16 commissioners court of the county shall appoint directors from
7-17 persons recommended by the board or by members of the commissioners
7-18 court. A person is appointed if a majority of the commissioners of
7-19 the county and the county judge vote to appoint that person.
7-20 (b) A director may serve successive terms.
7-21 SECTION 13. REMOVAL OF DIRECTOR. The commissioners court
7-22 may remove a director for misconduct or failure to carry out the
7-23 director's duties or for any other reason on petition by a majority
7-24 of the remaining directors or a majority of the commissioners court
7-25 and after notice and hearing.
7-26 SECTION 14. BOARD VACANCY. A vacancy in the office of
8-1 director shall be filled by appointment by the remaining members of
8-2 the board for the unexpired term.
8-3 SECTION 15. DIRECTOR'S BOND AND OATH. (a) As soon as
8-4 practicable after a director is appointed, the director shall
8-5 execute a $10,000 bond payable to the district and conditioned on
8-6 the faithful performance of the director's duties.
8-7 (b) Each director's bond must be approved by the board, and
8-8 each director shall take the oath of office prescribed by the
8-9 constitution for public officers.
8-10 (c) The bond and oath shall be filed with the district and
8-11 retained in its records.
8-12 SECTION 16. OFFICERS. After directors are appointed and
8-13 have qualified by executing a bond and taking the oath, they shall
8-14 organize by electing a president, a vice president, a secretary,
8-15 and any other officers the board considers necessary.
8-16 SECTION 17. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
8-17 EXPENSES. In accordance with Section 49.060, Water Code, a
8-18 director is entitled to compensation for service on the board and
8-19 is entitled to be reimbursed for necessary expenses incurred in
8-20 carrying out the duties and responsibilities of a director.
8-21 SECTION 18. QUORUM. One-half of the directors constitutes a
8-22 quorum, and a concurrence of a majority of a quorum of directors is
8-23 required for any official action of the district.
8-24 SECTION 19. GENERAL POWERS OF DISTRICT. (a) The district
8-25 has the rights, powers, privileges, authority, and functions
8-26 conferred by the general law of this state applicable to
9-1 conservation and reclamation districts created under Section 59,
9-2 Article XVI, of the Texas Constitution, including those conferred
9-3 by Chapter 54, Water Code, with respect to the purposes for which
9-4 it is created.
9-5 (b) The district may contract and manage its affairs and
9-6 funds for any corporate purpose in accordance with Chapter 54,
9-7 Water Code.
9-8 SECTION 20. SPECIFIC POWERS. (a) A district has the powers
9-9 necessary or convenient to carry out and effect the purposes and
9-10 provisions of this Act, including the powers granted in this
9-11 section.
9-12 (b) The district has perpetual succession.
9-13 (c) The district may sue and be sued in courts of competent
9-14 jurisdiction, may institute and prosecute suits without giving
9-15 security for costs, and may appeal from a judgment without giving a
9-16 supersedeas or cost bond.
9-17 (d) The district may incur liabilities, borrow money on
9-18 terms and conditions the board determines, and issue notes, bonds,
9-19 or other obligations.
9-20 (e) The district may acquire by grant, purchase, gift,
9-21 devise, lease, or otherwise, and may hold, use, sell, lease, or
9-22 dispose of real and personal property, licenses, patents, rights,
9-23 and interests necessary, convenient, or useful for the full
9-24 exercise of any of its powers under this Act.
9-25 (f) The district may acquire, construct, complete, develop,
9-26 own, operate, and maintain permanent improvements and provide
10-1 services inside and outside its boundaries.
10-2 (g) The district may enter into agreements with a person or
10-3 entity, public or private, for the joint use of facilities,
10-4 installations, and property.
10-5 (h) The district may enter contracts, leases, and agreements
10-6 with and accept grants and loans from the United States and its
10-7 departments and agencies, the state and its agencies, counties,
10-8 municipalities, and political subdivisions, public or private
10-9 corporations, and other persons and may perform all acts necessary
10-10 for the full exercise of the powers vested in it on terms and
10-11 conditions and for the term the board may determine to be
10-12 advisable.
10-13 (i) The district may acquire property under conditional
10-14 sales contracts, leases, equipment trust certificates, or any other
10-15 form of contract or trust agreement.
10-16 (j) The district may sell, lease, convey, or otherwise
10-17 dispose of any of its rights, interests, or properties that are not
10-18 needed for or, in the case of leases, that are not consistent with,
10-19 the efficient operation and maintenance of the district's
10-20 improvements. A district may sell, lease, or otherwise dispose of
10-21 any surplus material or personal or real property not needed for
10-22 its requirements or for the purpose of carrying out its powers
10-23 under this Act.
10-24 (k) The district may procure and pay premiums to insurers
10-25 for insurance of any type in amounts considered necessary or
10-26 advisable by the board.
11-1 (l) The district may do anything necessary, convenient, or
11-2 desirable to carry out the powers expressly granted or implied by
11-3 this Act.
11-4 SECTION 21. USE AND ALTERATION OF LAND AND PUBLIC WAYS.
11-5 (a) The district may construct all improvements and facilities
11-6 necessary to accomplish the purposes for which it was created on
11-7 lands, whether publicly or privately owned.
11-8 (b) Before constructing an improvement or facility on lands
11-9 owned by the county, the state, a municipality, or another
11-10 political subdivision, the district must obtain approval from the
11-11 relevant government entity of the plans and specifications of such
11-12 improvement or facility.
11-13 (c) If the district, in exercising any of the powers
11-14 conferred by this Act, requires the relocation, adjustment,
11-15 raising, lowering, rerouting, or changing the grade of or altering
11-16 the construction of any street, alley, highway, overpass,
11-17 underpass, or road, any railroad track, bridge, or other facilities
11-18 or property, any electric lines, conduits, or other facilities or
11-19 property, any telephone or telegraph lines, conduits, or other
11-20 facilities or property, any gas transmission or distribution pipes,
11-21 pipelines, mains, or other facilities or property, any water,
11-22 sanitary sewer or storm sewer pipes, pipelines, mains, or other
11-23 facilities, or property, any cable television lines, cables,
11-24 conduits, or other facilities or property, or any other pipelines
11-25 and any facilities or properties relating to those pipelines, the
11-26 relocation, adjustment, raising, lowering, rerouting, or changing
12-1 of grade, or altering of construction must be accomplished at the
12-2 sole cost and expense of the district, and damages that are
12-3 suffered by the owners of the property or facilities shall be borne
12-4 by the district.
12-5 SECTION 22. NO EMINENT DOMAIN POWER. The district may not
12-6 exercise the power of eminent domain. The county may exercise its
12-7 power of eminent domain to implement a district facility or
12-8 improvement.
12-9 SECTION 23. MANAGEMENT BY BOARD OF DIRECTORS. The
12-10 responsibility for the management, operation, and control of the
12-11 property belonging to the district is vested in the board.
12-12 SECTION 24. SPECIFIC POWERS AND DUTIES OF BOARD. (a) The
12-13 board may:
12-14 (1) employ all persons, firms, partnerships, or
12-15 corporations considered necessary by the board for the conduct of
12-16 the affairs of the district, including a general manager,
12-17 bookkeepers, auditors, engineers, attorneys, financial advisers,
12-18 peace or traffic control officers, architects, and operating or
12-19 management companies and prescribe the duties, tenure, and
12-20 compensation of each;
12-21 (2) dismiss employees;
12-22 (3) adopt a seal for the district;
12-23 (4) invest the district's money in any investments
12-24 authorized by Subchapter A, Chapter 2256, Government Code, and
12-25 provide, by resolution, that an authorized representative manage
12-26 the district's funds and invest and reinvest the money on terms the
13-1 board considers advisable;
13-2 (5) establish a fiscal year for the district;
13-3 (6) establish a complete system of accounts for the
13-4 district and each year shall have prepared an audit of the
13-5 district's affairs, which shall be open to public inspection, by an
13-6 independent certified public accountant or a firm of independent
13-7 certified public accountants; and
13-8 (7) designate one or more banks to serve as the
13-9 depository bank or banks.
13-10 (b) Money of the district shall be deposited in the
13-11 depository bank or banks unless otherwise required by orders or
13-12 resolutions authorizing the issuance of the district's bonds or
13-13 notes. To the extent that money in the depository bank or banks is
13-14 not insured by the Federal Deposit Insurance Corporation, the money
13-15 must be secured in the manner provided by law for the security of
13-16 funds of counties. The board by resolution may authorize a
13-17 designated representative to supervise the substitution of
13-18 securities pledged to secure the district's money.
13-19 (c) The board may adopt and enforce reasonable rules and
13-20 regulations governing the administration of the district and its
13-21 programs and projects.
13-22 (d) The name of the district may be established or changed
13-23 by resolution of the board.
13-24 SECTION 25. HEARINGS EXAMINER; ADMINISTRATIVE PROCEDURE ACT.
13-25 (a) The board may appoint a hearings examiner to conduct any
13-26 hearing called by the board, including a hearing required by
14-1 Chapter 395, Local Government Code. The hearings examiner may be
14-2 an employee of the district or a member of the board.
14-3 (b) The hearing shall be conducted in accordance with
14-4 Chapter 2001, Government Code.
14-5 SECTION 26. GENERAL POWERS RELATING TO ASSESSMENTS.
14-6 (a) The board may levy and collect an assessment for any purpose
14-7 authorized by this chapter only if the assessment is approved by
14-8 the commissioners court.
14-9 (b) The board may undertake an improvement project or
14-10 service that confers a special benefit on all or a definable part
14-11 of the district. The board may impose and collect a special
14-12 assessment on property in that area, based on the benefit conferred
14-13 by the improvement project or service, to pay all or part of the
14-14 cost of the project or service. If the board determines that there
14-15 is a benefit to the district, the district may provide an
14-16 improvement or service to an area outside the boundaries of the
14-17 district.
14-18 SECTION 27. SPECIFIC POWERS RELATING TO ASSESSMENTS. An
14-19 improvement project or service provided by the district may include
14-20 the construction, acquisition, improvement, relocation, operation,
14-21 maintenance, or provision of:
14-22 (1) Beach, sand dune and shore nourishment, shore
14-23 protection, vegetation, stabilization, restoration and reclamation,
14-24 circulation of sand, erosion abatement, construction and
14-25 maintenance of bulkheads, jetties, levees, breakwaters, barrier
14-26 reefs, seawalls, geotubes, groins, t-heads, crossovers, and
15-1 navigation projects, and provision of all other facilities,
15-2 improvements, plants, works, appliances, equipment, measures and
15-3 services that may protect beaches and shores of the district from
15-4 erosion, promote use of the public beach, and protect and restore
15-5 natural resources within the district; and
15-6 (2) expenses incurred in the establishment,
15-7 administration, maintenance, and operation of the district or any
15-8 of its improvements, projects, or services.
15-9 SECTION 28. PROPOSED ASSESSMENTS. An improvement project or
15-10 service may be financed under this Act after notice of a hearing is
15-11 given as required by Section 30 and the board holds a public
15-12 hearing on the advisability of the improvement project or service
15-13 and the proposed assessment.
15-14 SECTION 29. PETITION REQUIRED. The board may not finance an
15-15 improvement project or service under this chapter unless a written
15-16 petition has been filed with the board requesting the improvement
15-17 project or service. The petition must be signed by at least 25
15-18 persons who own real property in the district if more than 25
15-19 persons own real property in the district according to the most
15-20 recent certified property tax rolls.
15-21 SECTION 30. NOTICE OF HEARING. (a) Notice of the hearing
15-22 shall be given in a newspaper with general circulation in the
15-23 county. The publication must be made not later than the 30th day
15-24 before the date of the hearing.
15-25 (b) The notice must include:
15-26 (1) the time and place of the hearing;
16-1 (2) the general nature of the proposed improvement
16-2 project or service;
16-3 (3) the estimated cost of the improvement project or
16-4 service, including interest during construction and associated
16-5 financing costs; and
16-6 (4) the proposed method of assessment.
16-7 (c) Written notice containing the information required by
16-8 this section shall be mailed by certified mail, return receipt
16-9 requested, not later than the 30th day before the date of the
16-10 hearing. The notice shall be mailed to each property owner in the
16-11 district who will be subject to assessment at the current address
16-12 of the property to be assessed as reflected on the tax rolls.
16-13 SECTION 31. CONCLUSION OF HEARING; FINDINGS. (a) A hearing
16-14 on the improvement project or service, whether conducted by the
16-15 board or a hearings examiner, may be adjourned from time to time.
16-16 (b) At the conclusion of the hearing, the board shall make
16-17 findings by resolution or order relating to the advisability of the
16-18 improvement project or service, the nature of the improvement
16-19 project or service, the estimated cost, the area benefited, the
16-20 method of assessment, and the method and time for payment of the
16-21 assessment.
16-22 (c) If a hearings examiner is appointed to conduct the
16-23 hearing, after conclusion of the hearing, the hearings examiner
16-24 shall file with the board a report stating the examiner's findings
16-25 and conclusions.
16-26 SECTION 32. AREA TO BE ASSESSED. (a) The area of the
17-1 district to be assessed according to the findings of the board may
17-2 be the entire district or any part of the district and may be less
17-3 than the area proposed in the notice of the hearing.
17-4 (b) Except as provided by Subsection (c), the area to be
17-5 assessed may not include property that is not within the district
17-6 boundaries at the time of the hearing unless there is an additional
17-7 hearing preceded by the required notice.
17-8 (c) The owner of improvements constructed or land annexed to
17-9 the district after the district has imposed an assessment may waive
17-10 the right to notice and an assessment hearing and may agree to the
17-11 imposition and payment of an assessment at an agreed rate for
17-12 improvements constructed or land annexed to the district.
17-13 SECTION 33. OBJECTIONS; LEVY OF ASSESSMENT. (a) At a
17-14 hearing on proposed assessments, at any adjournment of the hearing
17-15 or after consideration of the hearings examiner's report, the board
17-16 shall hear and rule on all objections to each proposed assessment.
17-17 (b) The board may amend a proposed assessment for any
17-18 parcel.
17-19 (c) After all objections have been heard and action has been
17-20 taken with regard to those objections, the board, by order or
17-21 resolution, shall levy the assessment as a special assessment on
17-22 the property and shall specify the method of payment of the
17-23 assessment and may provide that the assessment be paid in periodic
17-24 installments, including interest.
17-25 (d) Periodic installments must be in amounts sufficient to
17-26 meet annual costs for services and improvements as provided by this
18-1 chapter and continue for the number of years required to retire
18-2 indebtedness or pay for the services to be rendered. The board may
18-3 provide interest charges or penalties for failure to make timely
18-4 payment and also may impose an amount to cover delinquencies and
18-5 expenses of collection.
18-6 (e) If an assessment is imposed for more than one service or
18-7 improvement project, the board may provide that an assessment
18-8 collected for one improvement project or service may be borrowed to
18-9 be used for another improvement project or service.
18-10 (f) The board shall establish a procedure for the
18-11 distribution or use of any assessment in excess of those necessary
18-12 to finance the improvement project or service for which the
18-13 assessment was collected.
18-14 SECTION 34. APPORTIONMENT OF COST. The portion of the cost
18-15 of an improvement project or service to be assessed against the
18-16 property in the district shall be apportioned by the board based on
18-17 the special benefits accruing to the property because of the
18-18 improvement project or service. The cost may be assessed:
18-19 (1) equally by front foot or square foot of land area
18-20 against all property in the district;
18-21 (2) against property according to the value of the
18-22 property as determined by the board, with or without regard to
18-23 structures or other improvements on the property; or
18-24 (3) on any other reasonable assessment plan that
18-25 results in imposing fair and equitable shares of the cost on
18-26 property similarly benefited.
19-1 SECTION 35. ASSESSMENT ROLL. If the total cost of an
19-2 improvement project or service is determined, the board shall
19-3 impose the assessment against each parcel of land against which an
19-4 assessment may be imposed in the district. With regard to an
19-5 assessment for services, the board may impose an annual assessment
19-6 that may be lower but not higher than the initial assessment. The
19-7 board shall have an assessment roll prepared showing the assessment
19-8 against each property and the board's basis for the assessment.
19-9 The assessment roll shall be filed with the secretary of the board
19-10 or other officer who performs the function of secretary and be open
19-11 for public inspection.
19-12 (a) An assessment bears interest at a rate specified by the
19-13 board that may not exceed the interest rate permitted by Chapter
19-14 1204 , Government Code.
19-15 (b) Interest on an assessment between the effective date of
19-16 the order or resolution imposing the assessment and the date the
19-17 first installment and any related penalty is payable shall be added
19-18 to the first installment. The interest or penalties on all unpaid
19-19 installments shall be added to each subsequent installment until
19-20 paid.
19-21 (c) Assessments, reassessments or assessments resulting from
19-22 an addition to or correction of the assessment roll by the
19-23 district, penalties and interest on an assessment or reassessment,
19-24 expenses of collection, and reasonable attorney's fees incurred by
19-25 the district:
19-26 (1) are a first and prior lien against the property
20-1 assessed;
20-2 (2) are superior to any other lien or claim other than
20-3 a lien or claim for county, school district, or municipal ad
20-4 valorem taxes; and
20-5 (3) are the personal liability of and charge against
20-6 the owners of the property even if the owners are not named in the
20-7 assessment proceedings.
20-8 (d) The lien is effective from the date of the resolution of
20-9 the board imposing the assessment until the assessment is paid.
20-10 The board may enforce the lien in the same manner that the board
20-11 may enforce an ad valorem tax lien against real property.
20-12 (e) The owner of any property assessed may pay at any time
20-13 the entire assessment against any lot or parcel with accrued
20-14 interest to the date of the payment.
20-15 SECTION 36. SUPPLEMENTAL ASSESSMENTS. After notice and
20-16 hearing in the manner required for original assessments, the board
20-17 may make supplemental assessments to correct omissions or mistakes
20-18 in the assessment:
20-19 (1) relating to the total cost of the improvement
20-20 project or service; or
20-21 (2) covering delinquencies or costs of collection.
20-22 SECTION 37. APPEAL. (a) After determination of an
20-23 assessment, a property owner may appeal the assessment to the
20-24 board. The property owner must file a notice of appeal with the
20-25 board not later than the 30th day after the date that the
20-26 assessment is adopted. The board shall set a date to hear the
21-1 appeal.
21-2 (b) The property owner may appeal the board's decision on
21-3 the assessment to a court of competent jurisdiction. The property
21-4 owner must file notice of the appeal with the court of competent
21-5 jurisdiction not later than the 30th day after the date of the
21-6 board's final decision with respect to the assessment.
21-7 (c) Failure to file either of the notices in the time
21-8 required by this section results in a loss of the right to appeal
21-9 the assessment.
21-10 (d) If an assessment against a parcel of land is set aside
21-11 by a court of competent jurisdiction, found excessive by the board,
21-12 or determined to be invalid by the board, the board may make a
21-13 reassessment or new assessment of the parcel.
21-14 SECTION 38. APPROVAL OF COMMISSIONERS COURT. No assessment
21-15 or ad valorem tax, or a combination thereof, including any
21-16 apportionment of any assessment, shall be valid or enforceable
21-17 unless approved by the commissioners court.
21-18 SECTION 39. APPEAL OF ORDER. If notice has been given as
21-19 required by this subchapter, a person against whom an assessment is
21-20 made by board order may appeal the assessment to a district court
21-21 in the county in the manner provided for the appeal of contested
21-22 cases under Chapter 2001, Government Code. Review by the district
21-23 court is by trial de novo.
21-24 SECTION 40. EXEMPTIONS, PUBLIC UTILITIES. The district may
21-25 not impose an assessment on the property, equipment, or facilities
21-26 of a public utility. For purposes of this subsection, "utility"
22-1 means a person that provides to the public gas, electricity,
22-2 telephone, sewage, or water service.
22-3 SECTION 41. EXEMPTIONS: GOVERNMENTAL ENTITIES; ASSESSMENTS.
22-4 Payment of assessments by municipalities, counties, other political
22-5 subdivisions, and organizations exempt from federal income tax
22-6 under Section 501(c)(3), Internal Revenue Code of 1986, shall be
22-7 established by contract. Municipalities, counties, and other
22-8 political subdivisions may contract with the district under terms
22-9 and conditions those entities consider advisable to provide for the
22-10 payment of assessments.
22-11 SECTION 42. TAX LEVY FOR BONDS. At the time bonds payable
22-12 in whole or in part from taxes are issued, the board shall levy a
22-13 continuing direct annual ad valorem tax for each year while all or
22-14 part of the bonds are outstanding on all taxable property within
22-15 the district in sufficient amount to pay the interest on the bonds
22-16 as it becomes due and to create a sinking fund for the payment of
22-17 the principal of the bonds when due or the redemption price at any
22-18 earlier required redemption date and to pay the expenses of
22-19 assessing and collecting the taxes.
22-20 SECTION 43. ESTABLISHMENT OF TAX RATE IN EACH YEAR. (a) In
22-21 determining the actual rate to be levied in each year, the board
22-22 shall consider among other things:
22-23 (1) the amount which should be levied for maintenance
22-24 and operation purposes, if a maintenance tax has been authorized;
22-25 (2) the amount which should be levied for the payment
22-26 of principal, interest, and redemption price of each series of
23-1 bonds or notes payable in whole or in part from taxes;
23-2 (3) the amount which should be levied for the purpose
23-3 of paying all other contractual obligations of the district payable
23-4 in whole or in part from taxes; and
23-5 (4) the percentage of anticipated tax collections and
23-6 the cost of collecting the taxes.
23-7 (b) In determining the amount of anticipated taxes which
23-8 should be levied each year, the board may consider whether proceeds
23-9 from the sale of bonds have been placed in escrow to pay interest
23-10 during construction and whether the board reasonably expects to
23-11 have revenue or receipts available from other sources which are
23-12 legally available to pay principal of or interest or redemption
23-13 price on the bonds. The board shall levy a tax in the first full
23-14 year after issuance of its first series of bonds.
23-15 SECTION 44. OPERATION AND MAINTENANCE TAX. (a) The
23-16 district may levy and collect a tax for operation and maintenance
23-17 purposes, including funds for planning, constructing, acquiring,
23-18 maintaining, repairing, and operating all necessary land, plants,
23-19 works, facilities, improvements, appliances, and equipment of the
23-20 district and for paying costs of proper services, engineering and
23-21 legal fees, and organization and administrative expenses.
23-22 (b) An operation and maintenance tax may not be levied by
23-23 the district until it is approved by a majority of the qualified
23-24 voters within the district voting at an election held for that
23-25 purpose. After such a tax has been authorized by the district=s
23-26 voters, the board shall be authorized to levy the tax and have it
24-1 assessed and collected as other district taxes.
24-2 (c) An operation and maintenance tax election may be held at
24-3 the same time and in conjunction with any other district election.
24-4 The election may be called by a separate election order or as part
24-5 of any other election order.
24-6 (d) The proposition in an operation and maintenance tax
24-7 election may be for a specific maximum rate or for an unlimited
24-8 rate.
24-9 (e) If the district has any surplus operation and
24-10 maintenance tax funds that are not needed for the purposes for
24-11 which they were collected, the funds may be used for any lawful
24-12 purpose.
24-13 SECTION 45. FUNDS AVAILABLE FOR PAYMENT OF PROJECTS AND
24-14 SERVICES. (a) The cost of any improvement project or service,
24-15 including interest during construction and costs of issuance of
24-16 bonds, may be paid from general or available funds, ad valorem
24-17 taxes, assessments, or the proceeds of bonds payable from revenues,
24-18 ad valorem assessments, grants, gifts, contracts, leases, or any
24-19 combination of those funds.
24-20 (b) During the progress of an improvement project or
24-21 service, the board may issue temporary notes to pay the costs of
24-22 the improvement project or service and issue bonds on completion.
24-23 (c) The costs of more than one improvement project or
24-24 service may be paid from a single issue and sale of bonds without
24-25 other consolidation proceedings before the bond issue.
24-26 SECTION 46. BONDS, NOTES, OR OTHER OBLIGATIONS. (a) For
25-1 the payment of all or part of the costs of an improvement project
25-2 or service, the board may issue bonds, notes or other obligations
25-3 in one or more series payable from and secured by assessments, ad
25-4 valorem taxes, revenues, grants, gifts, contracts, leases, or any
25-5 combination of those funds. Bonds, notes, or other obligations may
25-6 be liens on all or part of the revenue derived from improvements
25-7 authorized under this chapter, including installment payments of
25-8 special assessments, ad valorem taxes, or from any other source
25-9 pledged to their payment.
25-10 (b) The district shall have the power to issue bonds and
25-11 they shall be approved in the manner set forth in Subchapter J,
25-12 Chapter 375, Local Government Code.
25-13 (c) Bonds, notes, or other obligations shall be issued and
25-14 approved by the board of directors of the district without the
25-15 consent of the county, any municipality, or the Texas Natural
25-16 Resource Conservation Commission.
25-17 SECTION 47. ELECTION TO APPROVE ISSUANCE OF BONDS.
25-18 (a) Bonds secured by assessments or ad valorem taxes, or a
25-19 combination thereof may not be issued unless the bonds are approved
25-20 by a majority of the qualified voters in the district voting at an
25-21 election held for that purpose.
25-22 (b) Bonds that are not secured by assessments or ad valorem
25-23 taxes, or a combination thereof, are not subject to the requirement
25-24 of an election and may be issued without an election.
25-25 (c) An election required by this section shall be conducted
25-26 in accordance with Chapter 375, Local Government Code.
26-1 SECTION 48. COMPETITIVE BIDDING ON CERTAIN PUBLIC WORKS
26-2 CONTRACTS. Construction contracts of the district are subject to
26-3 the competitive bidding requirements of Subchapter I, Chapter 49,
26-4 Water Code.
26-5 SECTION 49. SUPERSEDES OTHER LAW. This Act states the
26-6 required procedures necessary for the district to award contracts
26-7 and supersedes any law or other requirement with respect to award
26-8 of contracts.
26-9 SECTION 50. DISSOLUTION BY BOARD VOTE. Except as provided
26-10 by Section 53, the board of the district by majority vote may
26-11 dissolve the district at any time.
26-12 SECTION 51. DISSOLUTION BY COUNTY ORDER. Except as provided
26-13 by Section 53, the commissioners court of the county by a vote of
26-14 not less than two-thirds, may adopt a resolution dissolving the
26-15 district.
26-16 SECTION 52. LIMITATION. The district may not be dissolved
26-17 if the district has any outstanding bonded indebtedness until that
26-18 bonded indebtedness is repaid or defeased in accordance with the
26-19 order or resolution authorizing the issuance of the bonds.
26-20 SECTION 53. CONTRACTS WITH DISTRICT. (a) A municipality,
26-21 county, or other political subdivision of the state, without
26-22 further authorization, may contract with the district to implement
26-23 a project of the district or aid and assist the district in
26-24 providing the services authorized under this chapter. A contract
26-25 under this section may:
26-26 (1) be for a period on which the parties agree;
27-1 (2) include terms on which the parties agree;
27-2 (3) be payable from assessments or any other sources
27-3 of revenue that may be available for such purpose; or
27-4 (4) provide that assessments or other revenue
27-5 collected at a district project or from a person using or
27-6 purchasing a commodity or service at a district project may be paid
27-7 or rebated to the district under the terms of the contract.
27-8 (b) The district may enter into a contract, lease, or
27-9 agreement with or make or accept grants and loans to or from:
27-10 (1) the United States, including federal departments
27-11 and agencies;
27-12 (2) the state or a state agency;
27-13 (3) a county, municipality, or other political
27-14 subdivision of the state;
27-15 (4) a public or private corporation; or
27-16 (5) any other person.
27-17 (c) The district may perform all acts necessary for the full
27-18 exercise of the powers vested in the district on terms and
27-19 conditions and for the term the board may determine to be
27-20 advisable.
27-21 SECTION 54. The legislature finds that:
27-22 (1) proper and legal notice of the intention to
27-23 introduce this Act, setting forth the general substance of this
27-24 Act, has been published as provided by law, and the notice and a
27-25 copy of this Act have been furnished to all persons, agencies,
27-26 officials, or entities to which they are required to be furnished
28-1 by the constitution and laws of this state, including the governor,
28-2 who has submitted the notice and Act to the Texas Natural Resource
28-3 Conservation Commission;
28-4 (2) the Texas Natural Resource Conservation Commission
28-5 has filed its recommendations relating to this Act with the
28-6 governor, lieutenant governor, and speaker of the house of
28-7 representatives within the required time;
28-8 (3) the general law relating to consent by political
28-9 subdivisions to the creation of districts with conservation,
28-10 reclamation, and road powers and the inclusion of land in those
28-11 districts has been complied with; and
28-12 (4) all requirements of the constitution and laws of
28-13 this state and the rules and procedures of the legislature with
28-14 respect to the notice, introduction, and passage of this Act have
28-15 been fulfilled and accomplished.
28-16 SECTION 55. Notwithstanding the requirements of Section 12:
28-17 (1) the initial board of directors of the Bolivar
28-18 Conservation District consists of:
28-19 Pos. No. Name of Board Member
28-20 1.___________________________
28-21 2.___________________________
28-22 3.___________________________
28-23 4.___________________________; and
28-24 5.___________________________
28-25 (2) of the initial board members, the members
28-26 appointed for positions 1 through 3 serve until June 1, 2005, and
29-1 the members appointed for positions 4 through 5 serve until June 1,
29-2 2003.
29-3 SECTION 56. EFFECTIVE DATE. This Act takes effect
29-4 immediately if it receives a vote of two-thirds of all the members
29-5 elected to each house, as provided by Section 39, Article III,
29-6 Texas Constitution. If this Act does not receive the vote
29-7 necessary for immediate effect, this Act takes effect September 1,
29-8 2001.