H.B. No. 4818
AN ACT
relating to the Dallas County Utility and Reclamation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 628, Acts of the 68th Legislature,
Regular Session, 1983, is amended by adding Section 4C to read as
follows:
Sec. 4C. (a) In this section:
(1) "City" means the City of Irving, Texas.
(2) "FEMA" means the Federal Emergency Management
Agency.
(3) "The letter" means the letter dated July 31, 2008,
and executed by mitigation director Frank Pagano from FEMA to Mayor
Herbert Gears approving the city's proposed amendments to FEMA's
proposed amendments to the 2007 Preliminary Digital Flood Insurance
Rate Map and Flood Insurance Study.
(b) The district initially constructed and maintained
levees pursuant to a state-approved plan of reclamation consistent
with all state and federal requirements. In 2007 FEMA proposed
certain amendments to its Preliminary Digital Flood Insurance Rate
Map and Flood Insurance Study. The proposed amendments to the flood
insurance rate map, if adopted, would have severely limited planned
development within the district adjacent to the levees. The city
and the district timely protested the proposed amended map and
submitted an alternate set of proposed amendments to FEMA prepared
by the city. FEMA reviewed the city's alternate proposed
amendments and accepted those amendments, as evidenced by the
letter.
(c) The city, the district, and the affected adjacent
landowners accepted and agreed to the map revisions addressed and
approved by the letter. The letter has been relied on and actions
were taken or will be taken based on that reliance, namely:
(1) levee protection easements were executed, or will
be executed, and filed by all of the affected landowners;
(2) financing was obtained, or will be obtained, for
development in the area of the levees; and
(3) development in the area of the levees has begun and
will continue.
(d) Because of the governmental actions and the reliance on
those actions described by this section, the legislature determines
and declares that those governmental actions, including the letter
and the actions taken in reliance on the letter, are valid and
binding and may not be revoked, rescinded, or altered by any party,
including this state or any local government, without the written
consent of:
(1) all the affected adjacent landowners who executed
the easements or their respective heirs, successors, or assigns;
(2) the city council of the city; and
(3) the board of directors of the district.
SECTION 2. Section 5, Chapter 628, Acts of the 68th
Legislature, Regular Session, 1983, is amended to read as follows:
Sec. 5. All powers of the district shall be exercised by a
board of five directors. Each director shall serve for his term of
office as herein provided and thereafter until his successor shall
be appointed and qualified. If any director ceases to possess the
qualifications prescribed herein, his office shall be declared
vacant by the board of directors and his successor shall be
appointed by the City Council of the City of Irving. Each director
shall be at least 18 years of age and possess one of the following
qualifications: own land within the district subject to taxation;
be a qualified voter residing within the district at the time of his
qualification as a director; be an agent, employee, officer, or
director of any individual, corporation, trust, or partnership that
owns or leases real property within the district; or be a resident
of the City of Irving and shall qualify by subscribing the
constitutional oath of office and by giving bond in the amount of
$5,000 for the faithful performance of his duties. At least three
of the five directors shall be qualified as directors under Section
49.052(a), Water Code, without consideration of any exceptions from
that subsection provided by other provisions of Section 49.052,
Water Code. Section 49.052, Water Code, applies to the extent of
this section and for no other purpose. All directors' bonds shall
be approved by the district's board of directors and recorded in the
official bond records of the County Clerk of Dallas County. The
five directors serving on the effective date of this Act shall
continue as directors of the district and shall remain as directors
until their successors are duly appointed and take office on
October 1, 1999. Beginning with the first day of October, 1999, the
City Council of the City of Irving shall appoint three directors for
terms of four years and two directors for terms of two years. On the
first day of October of each odd-numbered year thereafter, the
directors whose terms expire shall be appointed by the City Council
of the City of Irving and shall serve for a term of four years and
until their successors are appointed and take office. All
vacancies on the board of directors shall be filled by appointment
to the unexpired term by the City Council of the City of Irving. The
city by its appointment of directors and any other action taken,
except the action to dissolve the district under state law or any
other specific action taken by the city, which action must be
evidenced in writing, directly relating to any bond, note,
financial obligation, or contractual obligation of the district,
does not assume, agree to pay, or guarantee the payment of any bond,
note, or other financial obligation or undertaking of the district,
whether in the form of securities or in other contractual forms,
including the district's bonds. The directors shall establish in
the district's bylaws what shall constitute a quorum for any
meeting, and a concurrence of a majority of the quorum shall be
necessary in all district matters. The board of directors shall
prescribe the method of execution of all contracts, the signing of
checks, and the handling of any other matters approved by the board
of directors as shown in the official minutes of the district.
Annually in the month of October, the board shall reorganize and
elect new officers as soon as practicable. The board of directors
may designate one or more assistant secretaries and an assistant
treasurer, who may but need not be a member of the board of
directors. The secretary of the board of directors or one of the
assistant secretaries shall be responsible for keeping the minutes
of the meetings of the board of directors and all official records
of the board and may certify to any action taken by the board of
directors. Section 49.060, Water Code, relating to the fees of
office and reimbursement of expenses to which a district director
is entitled, applies to the district, and the board of directors
shall establish fees in accordance with that section. [Each
member of the board of directors shall receive a per diem payment of
$50 for each regular or special board or committee meeting and shall
be reimbursed for actual expenses approved by the board of
directors.] The board of directors shall hold regular and special
meetings at such times and on such dates as the board shall
determine upon giving of notice as required by the district's
bylaws.
SECTION 3. (a) All governmental and proprietary actions of
the Dallas County Utility and Reclamation District taken before the
effective date of this Act are validated, ratified, and confirmed
in all respects as if the actions had been taken as authorized by
law.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 4. 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4818 was passed by the House on May
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4818 was passed by the Senate on May
26, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor