2003S0165-2 02/14/03
By: Lindsay S.B. No. 623
A BILL TO BE ENTITLED
AN ACT
relating to the general powers and authority of water districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.002, Water Code, is amended by adding
Subsection (c) to read as follows:
(c) A district is not a municipality, local jurisdiction, or
political subdivision for purposes of Chapter 388, Health and
Safety Code.
SECTION 2. Section 49.068, Water Code, is amended to read as
follows:
Sec. 49.068. CONTRACTS WITH GOVERNMENTAL ENTITIES
[AGENCIES]. (a) The provisions of this chapter pertaining to bids
and the Local Government Code notwithstanding, a district may
purchase property from any governmental entity by negotiated
contract without the necessity of securing appraisals or
advertising for bids.
(b) The provisions of any other law or home-rule municipal
charter notwithstanding, a municipality may contract with a
district and the term of the contract may be of unlimited duration.
SECTION 3. Section 49.103, Water Code, is amended by adding
Subsection (h) to read as follows:
(h) If authorized in the proceedings calling a director
election, the secretary of the board, or the secretary's designee,
acting on behalf of the board, shall on receipt of the certification
required by Section 2.052, Election Code, post a notice on or before
the commencement of early voting at each polling place that would
have been used in the election that the election is not to be held.
If such notice is timely posted, no notice of election need be
posted or published, ballots and election materials need not be
prepared or printed, early and regular voting are not held, and the
board shall meet at the earliest practicable time and declare each
unopposed candidate elected to office.
SECTION 4. Subsection (a), Section 49.106, Water Code, is
amended to read as follows:
(a) Before an election is held to authorize the issuance of
bonds, other than refunding bonds, there shall be filed in the
office of the district and open to inspection by the public an
engineer's report covering the land, improvements, facilities,
plants, equipment, and appliances to be purchased or constructed
and their estimated cost, together with maps, plats, profiles, and
data fully showing and explaining the report. The engineer's
report shall not be considered to be part of the proposition or
propositions to be voted on. The engineer's report shall not give
rise to nor be considered a part of a contract with the voters.
SECTION 5. Subsection (a), Section 49.153, Water Code, is
amended to read as follows:
(a) The board, without the necessity of an election, may
borrow money on negotiable or nonnegotiable notes of the district
to be paid solely from the revenues derived from the ownership of
all or any designated part of the district's works, plants,
improvements, facilities, or equipment after deduction of the
reasonable cost of maintaining and operating the facilities.
SECTION 6. Subsection (a), Section 49.181, Water Code, is
amended to read as follows:
(a) A district may not issue bonds unless the commission
determines that the project to be financed by the bonds is feasible
and issues an order approving the issuance of the bonds. This
section does not apply to refunding bonds, if the commission issued
an order approving the issuance of the bonds or notes that
originally financed the project, or bonds issued to and approved by
the Farmers Home Administration, the United States Department of
Agriculture, or the Texas Water Development Board.
SECTION 7. Subsections (a), (c), and (d), Section 49.226,
Water Code, are amended to read as follows:
(a) Any personal property valued at more than $300 or any
land or interest in land owned by the district which is found by the
board to be surplus and is not needed by the district may be sold
under order of the board either by public or private sale, or the
land, interest in land, or personal property may be exchanged for
other land, interest in land, or personal property needed by the
district. Except as provided in Subsection (b), land, interest in
land, or personal property must be exchanged for like fair market
value, which value may be determined by the district. In connection
with the sale of surplus land, the board, in its discretion, may
impose restrictions on the development and use of the land.
(c) Before [either] a public [or a private] sale of real
property, the district shall give notice of the intent to sell by
publishing notice once a week for two consecutive weeks in one or
more newspapers with general circulation in the district.
(d) If the district has outstanding bonds secured by a
pledge of tax revenues, the proceeds of the sale of property
originally acquired with bond proceeds shall be applied to retire
outstanding bonds of the district or shall be held and treated as
surplus bond proceeds and expended only as provided by the
applicable rules of the commission relating to surplus bond
proceeds.
SECTION 8. Section 49.234, Water Code, as added by Section
15, Chapter 1423, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 49.235, Water Code, and amended to
read as follows:
Sec. 49.235 [49.234]. PROHIBITION OF CERTAIN PRIVATE
ON-SITE FACILITIES. (a) A district or water supply corporation
that operates a wastewater collection system to serve land within
its boundaries by rule may prohibit the installation of private
on-site wastewater holding or treatment facilities on land within
the district that is not served by the district's or corporation's
wastewater collection system. A district or corporation that has
not received funding under Subchapter K, Chapter 17, may not
require a property owner who [has already] installed an on-site
wastewater holding or treatment facility before the adoption of
such rule to connect to the district's or corporation's wastewater
collection system.
(b) A district or water supply corporation that operates a
water supply and distribution system to serve land within its
boundaries by rule may prohibit the installation of private on-site
water wells on land within the district that is not served by the
district's or corporation's water system. A district or
corporation that has not received funding under Subchapter K,
Chapter 17, may not require a property owner who installed an
on-site water well before the adoption of such rule to connect to
the district's or corporation's water system.
(c) A district or water supply corporation that prohibits an
installation described by Subsection (a) or (b) shall agree to pay
the owner of a particular tract the costs of connecting the tract to
the district's or corporation's wastewater collection system or
water system if the distance along a public right-of-way or utility
easement from the nearest point of the district's or corporation's
wastewater collection system or water system to the boundary line
of the tract requiring such [wastewater collection] services is 300
feet or more, subject to commission rules regarding reimbursement
of those costs.
SECTION 9. Section 49.271, Water Code, is amended by adding
Subsection (e) to read as follows:
(e) District contracts for construction work may provide
for economic incentives for early completion of the work or
economic disincentives for late completion of the work.
SECTION 10. Section 49.273, Water Code, is amended by
adding Subsection (l) to read as follows:
(l) The board is not required to advertise or seek
competitive bids for security and surveillance systems or
components of or additions to district facilities relating to
security or surveillance, including systems used for the prevention
of terrorist or criminal acts and incidents and acts of war, if the
board finds that advertising or seeking competitive bids would
compromise the safety and security of district facilities or
residents.
SECTION 11. Section 49.303, Water Code, is amended to read
as follows:
Sec. 49.303. EXCLUDING LAND FROM DISTRICT. (a) A district
may not exclude land or other property from the district as provided
by this subchapter if the district has issued [Before a district
orders an election for the authorization of] bonds payable in whole
or in part from taxes and such bonds are outstanding. A district
may exclude land or other property from the district as provided by
this subchapter if no district bonds payable in whole or in part
from taxes are outstanding[, the board may, on its own motion, call
a hearing on the question of the exclusion of land from the district
under the provisions of this section and Sections 49.304 through
49.307, if the exclusions are practicable, just, or desirable].
(b) If no district bonds payable in whole or in part from
taxes are outstanding, the [The] board may, on its own motion,
[must] call a hearing on the question of the exclusion of land or
other property from the district as provided by this subchapter,
provided the exclusions are practicable, just, or desirable [on the
written petition of any landowner or property owner in the district
filed with the secretary of the board before the first election on
the question of whether bonds should be issued payable in whole or
in part from taxes is ordered].
(c) If no district bonds payable in whole or in part from
taxes are outstanding, the [The] board may hold, in its discretion,
a hearing on the exclusion of land or other property from the
district as provided by this subchapter [if the district has not
issued bonds payable in whole or in part from taxes, and] if a
landowner or property owner submits a signed petition to the
secretary of the board evidencing the consent of the owners of a
majority of the acreage proposed to be excluded and a majority of
the taxable property in the district, as reflected by the most
recent certified tax roll of the district.
(d) A district that has previously held an election at which
approval was given for the issuance of bonds payable in whole or in
part from taxes may not rely on that election for the issuance of
the bonds if after the bond election, but before the bonds are
issued, land is excluded from the district as provided by this
subchapter. The board must call and hold another bond election and
receive voter approval [as provided by this subchapter] before
issuing those bonds.
SECTION 12. Subsections (a), (k), and (l), Section 49.351,
Water Code, are amended to read as follows:
(a) A district providing potable water or sewer service to
household users may establish, operate, and maintain a fire
department to perform all fire-fighting services [activities]
within the district as provided in this subchapter and may issue
bonds or impose a mandatory fee, with voter approval, for financing
a plan approved in accordance with this section, including the
construction and purchase of necessary buildings, facilities,
land, and equipment and the provision of an adequate water supply.
(k) In this section, "fire-fighting services [activities]"
means all of the customary and usual activities of a fire
department, including fire suppression, fire prevention, training,
safety education, maintenance, communications, medical emergency
services, photography, and administration.
(l) Notwithstanding the requirements of Subsections
(a)-(j), a district providing potable water or sewer service to
household users may as part of its billing process collect from its
customers a voluntary contribution on behalf of organizations
providing fire-fighting services [activities] to the district. A
district that chooses to collect a voluntary contribution under
this subsection must give reasonable notice to its customers that
the contribution is voluntary. Water and sewer service may not be
terminated as a result of failure to pay the voluntary
contribution.
SECTION 13. Subsection (d), Section 49.455, Water Code, is
amended to read as follows:
(d) The information form required by this section shall be
filed with the county clerk [within 48 hours after the effective
date of this section or] within 48 hours after the district is
officially created[, whichever time comes first]. For purposes of
this section, the words "officially created" mean the date and hour
in which the results of the election to confirm the creation of the
district are declared.
SECTION 14. Subsection (b), Section 51.121, Water Code, is
amended to read as follows:
(b) A water control and improvement district organized
under the provisions of Article XVI, Section 59, of the Texas
Constitution, may provide for:
(1) the control, storage, preservation, and
distribution of its water and floodwater and the water of its rivers
and streams for irrigation, power, and all other useful purposes;
(2) the reclamation and irrigation of its arid,
semiarid, and other land which needs irrigation;
(3) the reclamation, drainage, conservation, and
development of its forests, water, and hydroelectric power,
including the reuse and recycling of water;
(4) the navigation of its coastal and inland water;
(5) the control, abatement, and change of any shortage
or harmful excess of water;
(6) the protection, preservation, and restoration of
the purity and sanitary condition of water within the state; and
(7) the preservation and conservation of all natural
resources of the state.
SECTION 15. Section 51.125, Water Code, is amended to read
as follows:
Sec. 51.125. CONSTRUCTION OF IMPROVEMENTS. A district may
construct all works and improvements necessary:
(1) for the prevention of floods;
(2) for the irrigation of land in the district;
(3) for the drainage of land in the district,
including drainage ditches or other facilities for drainage;
(4) for the construction of levees to protect the land
in the district from overflow;
(5) to alter land elevations where correction is
needed; and
(6) to supply water, including the reuse and recycling
of water, for municipal uses, domestic uses, power and commercial
purposes, and all other beneficial uses or controls.
SECTION 16. Section 54.012, Water Code, is amended to read
as follows:
Sec. 54.012. PURPOSES OF A DISTRICT. A district shall be
created for the following purposes:
(1) the control, storage, preservation, and
distribution of its storm water and floodwater, the water of its
rivers and streams for irrigation, power, and all other useful
purposes;
(2) the reclamation and irrigation of its arid,
semiarid, and other land needing irrigation;
(3) the reclamation and drainage of its overflowed
land and other land needing drainage;
(4) the conservation and development of its forests,
water, and hydroelectric power, including the reuse and recycling
of water;
(5) the navigation of its inland and coastal water;
(6) the control, abatement, and change of any shortage
or harmful excess of water;
(7) the protection, preservation, and restoration of
the purity and sanitary condition of water within the state; and
(8) the preservation of all natural resources of the
state.
SECTION 17. Subsection (b), Section 54.201, Water Code, is
amended to read as follows:
(b) A district is authorized to purchase, construct,
acquire, own, operate, maintain, repair, improve, or extend inside
and outside its boundaries any and all works, improvements,
facilities, plants, equipment, and appliances necessary to
accomplish the purposes of the district as authorized by the
constitution, this code, or any other law [its creation], including
all works, improvements, facilities, plants, equipment, and
appliances incident, helpful, or necessary to:
(1) supply water for municipal uses, domestic uses,
power, and commercial purposes and all other beneficial uses or
controls;
(2) collect, transport, process, dispose of, and
control all domestic, industrial, or communal wastes whether in
fluid, solid, or composite state;
(3) gather, conduct, divert, and control local storm
water or other local harmful excesses of water in a district;
(4) irrigate the land in a district;
(5) alter land elevation in a district where it is
needed;
(6) navigate coastal and inland waters of the
district; [and]
(7) provide parks and recreational facilities for the
inhabitants in the district; and
(8) encourage and provide for water conservation,
including water reuse and recycling[, subject to Subchapter I of
this chapter].
SECTION 18. Subchapter D, Chapter 54, Water Code, is
amended by adding Section 54.2052 to read as follows:
Sec. 54.2052. PLUMBING CODE. Notwithstanding any law to
the contrary, a district may, but shall not be required to, adopt
and enforce one or more plumbing codes meeting the standards and
requirements of the rules and laws of this state and may amend any
provisions of such codes, if adopted, to conform to local concerns
that do not substantially vary from rules or laws of this state.
SECTION 19. Section 54.234, Water Code, is amended to read
as follows:
Sec. 54.234. ACQUIRING ROAD UTILITY DISTRICT POWERS. Any
district[,] which has the power to levy taxes[,] may[, with the
approval of the commission,] petition the commission [Texas
Transportation Commission] to acquire the powers granted to road
utility districts operating pursuant to Chapter 441,
Transportation Code, under the authority of Article III, Section
52, Texas Constitution. As soon as practicable after a [such]
petition has been filed with the commission, the commission [Texas
Transportation Commission, the Texas Transportation Commission
shall conduct a hearing in accordance with Chapter 441,
Transportation Code, and] shall issue an order [in accordance with
Chapter 441, Transportation Code,] either approving or denying the
[such] petition. [Any district so petitioning the Texas
Transportation Commission shall conform to the rules applicable to
the creation and administration of such districts as provided by
Chapter 441, Transportation Code.] In the event of any conflict
between the provisions of the Water Code and the general laws of
this state applicable to the district and the provisions of Chapter
441, Transportation Code, the provisions of the Water Code and the
general laws of this state applicable to the district shall
prevail.
SECTION 20. Section 54.503, Water Code, is amended to read
as follows:
Sec. 54.503. MANNER OF REPAYMENT OF BONDS. The board may
provide for the payment of principal of and interest and redemption
price on the bonds in any one of the following manners:
(1) from the levy and collection of ad valorem taxes on
all taxable property within the district;
(2) by pledging all or any part of the designated
revenues to result from the ownership or operation of the
district's works, improvements, facilities, plants, equipment, and
appliances or under specific contracts for the period of time the
board determines;
(3) by pledging all or part of any funds or revenues
available to the district; or
(4) a combination of the sources set forth in
Subdivisions (1), [and] (2), and (3) [of this section].
SECTION 21. Section 54.505, Water Code, is amended to read
as follows:
Sec. 54.505. ELECTION ON TAX BONDS. Bonds payable solely
from revenues may be issued by resolution or order of the board
without an election, but no bonds, except refunding bonds, payable
wholly or partially from ad valorem taxes shall be issued until
authorized by a majority vote of the resident electors of the
district voting in an election called and held for that purpose. An
election is not required to pledge revenues to the payment of bonds.
SECTION 22. Section 54.739, Water Code, is amended to read
as follows:
Sec. 54.739. SUBSTITUTING LAND OF EQUAL [ACREAGE AND]
VALUE. After the district is organized and acquires facilities
with which to function for the purposes for which it was
organized[,] and votes, issues, and sells bonds for such purposes,
land within the district boundaries subject to taxation that does
not need or utilize the services of the district may be excluded and
other land not within the boundaries of the district may be included
within the boundaries of the district, without impairment of the
security for payment of such bonds or invalidation of any prior bond
election, as provided by [the provisions of] this section and
Sections 54.740 [54.741] through 54.747 [54.748 subject to
commission approval].
SECTION 23. Section 54.744, Water Code, is amended to read
as follows:
Sec. 54.744. IMPAIRMENT OF SECURITY. For purposes of the
board's consideration of the applications, the lands proposed for
inclusion shall be deemed to be sufficient to avoid an impairment of
the security for payment of obligations of the district if:
(1) according to the county tax rolls, the taxable
value of such included lands equals or exceeds the taxable value of
the excluded lands;
(2) either the estimated costs of providing district
facilities and services to such included lands is equal to or less
than the estimated costs of providing district facilities and
services to the excluded lands, or any increased estimated costs of
providing such facilities and services to the included land, as
determined by the district's engineer, can be amortized at
prevailing bond interest rates and maturity schedules and the
prevailing debt service tax rate of the district at such time, as
determined by the district's professional financial advisor, when
applied to the increase in taxable value of the included land over
the taxable value of the excluded land; and
(3) the district's outstanding bonds or contract
obligations are payable in whole or in part by a pledge of net
revenues from the ownership or operation of the district's
facilities, and the projected net revenues to be derived from the
lands to be included during the succeeding 12-month period, as
determined by the district's engineer, equals or exceeds the
projected net revenues that would otherwise have been derived from
the lands to be excluded during the same period.
SECTION 24. Subsection (b), Section 57.015, Water Code, is
amended to read as follows:
(b) The notice shall be posted at the courthouse door and at
a place [four different places] inside the proposed district. If
the district is located in more than one county, the person posting
the notice shall post a copy at the courthouse door in each county
in which any portion of the proposed district is located and at a
place [four separate places] inside the boundaries of that portion
of the district located in each county. The notice shall be posted
for at least 10 days before the date of the hearing.
SECTION 25. Subsection (a), Section 57.092, Water Code, is
amended to read as follows:
(a) The district may enter into all necessary and proper
contracts and employ all persons and means necessary to purchase,
acquire, build, construct, complete, carry out, maintain, protect,
and, in case of necessity, add to and rebuild all works and
improvements necessary or proper to fully accomplish the purposes
of the district, including the reclamation of all land within [a
reclamation plan lawfully adopted for] the district.
SECTION 26. Section 57.104, Water Code, is amended to read
as follows:
Sec. 57.104. CONSTRUCTION OF [DUTY TO CONSTRUCT APPROVED]
IMPROVEMENTS. The district may [shall] construct all improvements
necessary or convenient to accomplish the purposes of the district
[included in the plan of reclamation approved by the commission].
SECTION 27. Section 57.108, Water Code, is amended to read
as follows:
Sec. 57.108. CONDITIONS OF CONTRACT. [(a) In order to
complete the acquisition or construction of planned improvements
for the amount of money or bonds available for that purpose, the
contract shall include all levee improvements proposed to be
constructed and authorized by the approved plan of reclamation.
[(b)] Contracts may be awarded or entered in sections for
the purpose of the purchase, acquisition, construction, and
improvement of pumping equipment, reservoirs, culverts, bridges,
and drainage improvements as these may become necessary[, but as
funds are available, the district shall comply with Section
57.104].
SECTION 28. Section 57.116, Water Code, is amended to read
as follows:
Sec. 57.116. ENGINEER'S CONSTRUCTION REPORT. (a) As [the]
work [on the plan of reclamation] progresses on the district's
improvements, the engineer shall make a report to the board[,]
showing in detail whether or not the contract is being fulfilled.
(b) When the work is completed, the engineer shall make a
detailed report to the board[,] showing whether or not the contract
has been completely fulfilled, and if not, in what particular it has
not been fulfilled.
SECTION 29. Subsection (b), Section 57.117, Water Code, is
amended to read as follows:
(b) If the executive director finds that the work has not
been done in strict accordance with the contract, he shall
officially certify this fact, and in the certificate he shall state
where the contractor has failed to comply with the contract
[approved plan of reclamation].
SECTION 30. Section 57.118, Water Code, is amended to read
as follows:
Sec. 57.118. COMPLIANCE WITH CONTRACT. After the board
receives a report that the contractor has failed to comply with the
contract, it shall demand that the contractor comply with the
requirements of the contract [approved plan of reclamation] at his
own expense, and no further accounts, claims, or vouchers submitted
by the contractor shall be approved or paid until the contractor
complies with the requirements of the executive director by
constructing the improvement in accordance with the contract [plan
of reclamation].
SECTION 31. The heading of Subchapter E, Chapter 57, Water
Code, is amended to read as follows:
SUBCHAPTER E. ENGINEER'S REPORT [PLAN OF RECLAMATION]
SECTION 32. Section 57.154, Water Code, is amended to read
as follows:
Sec. 57.154. SURVEY AND REPORT. [(a)] The engineer shall
make a survey of the land inside the boundaries of the district, and
land surrounding the district, that will be improved or reclaimed
by the system of levees and drainage to be adopted and shall prepare
for the board a written report, with maps and profiles, of the
results of his survey.
[(b) A duplicate of the engineer's report shall be filed with
and approved by the commission.]
SECTION 33. Subsections (a) and (c), Section 57.177, Water
Code, are amended to read as follows:
(a) If the district wants to carry out its purposes [plan of
reclamation] without issuing bonds, the board may arrange for
contributions from landowners or other sources to provide the funds
required to complete the improvements.
(c) If the district creates an indebtedness under this
section, the indebtedness may not be more than:
(1) the cost of construction of the improvements
included in the engineer's report [plan of reclamation];
(2) the cost as approved by the commission of
maintaining the improvements for two years; and
(3) an additional amount equal to 10 percent to meet
emergencies, modifications, and changes lawfully made, plus
damages awarded against the district.
SECTION 34. Subsection (b), Section 57.208, Water Code, is
amended to read as follows:
(b) The bonds shall be known as "Levee Improvement Bonds."
[and shall state on their face the purpose for which they are
issued.]
SECTION 35. Section 57.216, Water Code, is amended to read
as follows:
Sec. 57.216. PROVIDING FOR ADDITIONAL FUNDS. (a) If the
improvements in the engineer's report [plan of reclamation adopted
for the district] are insufficient to reclaim all of the land and
other property inside the district, extensive repairs or additions
to the improvements are necessary, or additional funds are needed
to complete improvements, the board may provide additional funds
for the district by following the provisions of this chapter for
raising funds [for the original plan of reclamation].
(b) If the board creates additional indebtedness or issues
additional bonds, the indebtedness or bonds are subject to the
provisions of this chapter relating to the issuance of bonds. [The
new or amended plan of reclamation must be approved by the
commission.]
SECTION 36. Subsection (a), Section 57.260, Water Code, is
amended to read as follows:
(a) If a district levies taxes on the benefit basis, the
commissioners court of each county in which any portion of that
district is located shall levy and have assessed and collected
taxes on all taxable property inside the district, based on the net
benefits which the commissioners of appraisement find will accrue
to each piece of property from the improvements described in the
engineer's report [completion of the plan of reclamation] or other
authorized improvement.
SECTION 37. Section 57.261, Water Code, is amended to read
as follows:
Sec. 57.261. APPOINTMENT OF COMMISSIONERS OF APPRAISEMENT.
The [After the plan of reclamation is approved and adopted, the]
commissioners court of the county of jurisdiction in a district
levying taxes on the benefit basis shall appoint three
disinterested commissioners, known as "commissioners of
appraisement."
SECTION 38. Subsections (c) and (d), Section 57.265, Water
Code, are amended to read as follows:
(c) The commissioners of appraisement shall view:
(1) the land inside the district;
(2) other land which will be affected by the engineer's
report [plan of reclamation] if carried out;
(3) all public roads, railroads, rights-of-way, and
other property or improvements located on the land; and
(4) land inside or outside the district which may be
acquired under the provisions of this chapter for any purpose
connected with or incident to carrying out the engineer's report
[plan of reclamation].
(d) The commissioners of appraisement shall assess the
amounts of benefits and all damages that will accrue to any tract of
land inside the district or any land outside the district which may
be affected by the engineer's report [plan of reclamation], or any
public highway, railroad, right-of-way, roadway, or other
property.
SECTION 39. Subsection (a), Section 57.266, Water Code, is
amended to read as follows:
(a) The commissioners of appraisement shall prepare a
report of their findings. The report shall include:
(1) the name of the owner of each piece of property
examined and assessed;
(2) a description which will identify each piece of
property; and
(3) the value of all property to be taken or acquired
for rights-of-way or any other purposes connected with carrying out
the engineer's report [plan of reclamation as finally approved by
the commission].
SECTION 40. Subsections (b), (c), and (d), Section 57.267,
Water Code, are amended to read as follows:
(b) The notice shall be published in a newspaper published
in each county in which any part of the district is located, or in
which any land lies that will be in any way affected by the proposed
engineer's report [plan of reclamation]. The notice shall be
published once a week for two consecutive weeks before the date of
the hearing.
(c) The notice shall be in substantially the following form:
To the owners and all other persons having any interest in
land lying in ___________ County, take notice, that a copy of the
engineer's report [plan of reclamation] of the ___________ Levee
Improvement District has been filed in the district's office [with
the county clerk of this county] and that the commissioners of
appraisement have been appointed to assess benefits and damages
accruing to land or other property inside or outside the levee
district which will be benefited, taken, damaged, or affected in
some way by the carrying out of the engineer's report [plan of
reclamation]. The report of the commissioners of appraisement has
been filed in my office at ________________, and all interested
persons may examine the report and make an objection to all or any
part of the report. A person who claims damage to his land and to
whose land no damages have been assessed in the report must file a
claim for damage in my office on or before ________, 20[19]_____. A
person who fails to make an objection or to file a claim for damages
is deemed to have waived his right to object or claim damages. The
commissioners of appraisement will meet on _________, 20[19]_____,
to hear and act on objections to their report and claims for
damages.
___________________________________
Secretary, Board of Directors
_________ Levee Improvement District
(d) The secretary shall mail written notice to each person
whose property is listed in the report of the commissioners of
appraisement, if the office address is known. This notice shall
state in substance:
(1) that the report of the commissioners of
appraisement assessing benefits and damages accruing to land and
other property because of the engineer's report [plan of
reclamation] for the district has been filed in the district's
[secretary's] office;
(2) that all persons interested may examine the report
and make objections to it in whole or in part; and
(3) that the commissioners of appraisement will meet
on the day and at the place named to hear and act on objections to
the report.
SECTION 41. Subsections (a) and (b), Section 57.269, Water
Code, are amended to read as follows:
(a) An owner of land or other property affected by the
report of the commissioners of appraisement or by the engineer's
report [plan of reclamation] may file an objection to any or all
parts of the report of the commissioners of appraisement at or
before the hearing on the report.
(b) A person on whose land no damages have been assessed and
who believes that his land will be damaged by prosecution of the
engineer's report [plan of reclamation] may file with the secretary
of the board a claim for damages.
SECTION 42. Subsections (e), (j), and (k), Section 57.270,
Water Code, are amended to read as follows:
(e) The secretary in not less than five days after the
appeal is filed shall send to the district clerk:
(1) the engineer's report [plan of reclamation] or a
certified copy of it;
(2) a transcript of that part of the commissioners of
appraisement's report affecting the lands concerned in the appeal;
(3) a transcript of the claim for damages; and
(4) a transcript of the action of the commissioners of
appraisement on the claim.
(j) No appeal may delay carrying out the engineer's report
[plan of reclamation], and if the board pays to the district clerk
the amount of damages awarded by the commissioners of appraisement
to a claimant who is appealing their decree, and if the board makes
bond to pay to the claimant any additional amount that he may be
awarded on his appeal, title to the condemned property that is the
subject of the appeal vests in the district, and the district is
entitled to immediate possession.
(k) No person may claim damages against the district, its
board, officers, or agents because of the prosecution of the
engineer's report [plan of reclamation] if he owns or has an
interest in land in a county [in which a copy of the plan of
reclamation has been filed and] in which notice has been published
of the hearing before the commissioners of appraisement, and he has
failed to file a claim for damages or an objection to the damages
assessed by the commissioners of appraisement against his land, or
if he has filed a claim or objection but has failed to appeal from an
adverse ruling on his claim or objection.
SECTION 43. Subsection (b), Section 57.273, Water Code, is
amended to read as follows:
(b) If the engineer's report [plan of reclamation] is
changed or modified, or if extensive repairs or modifications
[additions] to the engineer's report [plan of reclamation] are
desired, the board shall file a petition with the commissioners
court describing the changes, modifications, repairs, or
additions.
SECTION 44. Subsection (b), Section 57.274, Water Code, is
amended to read as follows:
(b) The commissioners court shall order a reassessment of
benefits if it finds that the aggregate amount of assessed benefits
as shown by the previous final judgment and decree is insufficient
to carry out the engineer's report [original plan of reclamation]
or changes, repairs, or additions to the report [plan] or there has
been a material change in the relative value of the benefits
conferred on the property in the district, or for some reason the
assessment of benefits is inadequate or inequitable.
SECTION 45. Subsection (d), Section 57.275, Water Code, is
amended to read as follows:
(d) If the engineer's report [plan of reclamation] is
modified, or if extensive repairs or additions are made, the
provisions of this section apply to districts that levy taxes on the
ad valorem basis, but the commissioners of appraisement shall
assess only the damages which will accrue to the property inside or
outside the district as a result of the changes in the report
[plan].
SECTION 46. Subsection (d), Section 67.010, Water Code, is
amended to read as follows:
(d) A political subdivision may contract with a corporation
under Section 402.014, Local Government Code, to carry out this
chapter. If a corporation issues bonds secured by a contract
entered into under this section, the corporation shall be
considered to be acting for or on behalf of the political
subdivision for the purposes of Section 1201.002(1)(B), Government
Code. A political subdivision is authorized to approve by
ordinance, resolution, or order the articles of incorporation and
the bylaws of a corporation that is created for the purpose of
constructing facilities under a contract under Section 402.014,
Local Government Code.
SECTION 47. The following laws are repealed:
(1) Subsections (d), (e), (f), and (g), Section
49.218, Water Code, as added by Section 1, Chapter 71, Acts of the
77th Legislature, Regular Session, 2001;
(2) Sections 54.508, 57.094, and 57.156, Water Code;
and
(3) Subchapter C, Chapter 441, Transportation Code.
SECTION 48. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.