Texas 2019 - 86th Regular

Texas House Bill HB4011 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R8638 SLB-F
2	2	By: Zerwas H.B. No. 4011
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Jones Creek Flood Control and
8	8	Improvement District; granting a limited power of eminent domain;
9	9	providing authority to impose assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle E, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 7814 to read as follows:
13	13	CHAPTER 7814. JONES CREEK FLOOD CONTROL AND IMPROVEMENT DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7814.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a member of the board.
18	18	(3) "District" means the Jones Creek Flood Control and
19	19	Improvement District.
20	20	Sec. 7814.0102. NATURE OF DISTRICT. (a) The district is a
21	21	conservation and reclamation district as provided by this chapter.
22	22	(b) The creation of the district is essential to accomplish
23	23	the purposes of Section 59, Article XVI, Texas Constitution.
24	24	Sec. 7814.0103. DISTRICT TERRITORY. The district initially
25	25	is composed of the territory described as the Jones Creek Watershed
26	26	using the National Hydrography Dataset and the Watershed Boundary
27	27	Dataset and the remainder of any property any part of which falls
28	28	inside the district on the date this chapter takes effect.
29	29	Sec. 7814.0104. ANNEXATION OR EXCLUSION OF LAND. (a) The
30	30	district may annex land to or may exclude land from the district in
31	31	accordance with Subchapter J, Chapter 49, or Subchapter H, Chapter
32	32	54, Water Code.
33	33	(b) The district is not required to hold an exclusion
34	34	hearing.
35	35	Sec. 7814.0105. PROVISIONS NOT APPLICABLE. The following
36	36	provisions of Chapter 49, Water Code, do not apply to the district:
37	37	(1) Section 49.104;
38	38	(2) Section 49.1045;
39	39	(3) Section 49.152;
40	40	(4) Section 49.154;
41	41	(5) Section 49.155;
42	42	(6) Section 49.219;
43	43	(7) Section 49.222;
44	44	(8) Section 49.236;
45	45	(9) Section 49.2361;
46	46	(10) Subchapter F;
47	47	(11) Subchapter L; and
48	48	(12) Subchapter N.
49	49	SUBCHAPTER B. BOARD OF DIRECTORS
50	50	Sec. 7814.0201. COMPOSITION OF BOARD. The district is
51	51	governed by a board of seven elected directors who serve staggered
52	52	terms.
53	53	Sec. 7814.0202. OFFICERS. (a) The board shall elect from
54	54	among its members a president, a vice president, and a
55	55	secretary-treasurer at the first board meeting after each
56	56	directors' election.
57	57	(b) The secretary-treasurer:
58	58	(1) is the custodian of district records; and
59	59	(2) shall attest to all legal documents executed by
60	60	the district.
61	61	Sec. 7814.0203. DIRECTOR'S BOND; SECRETARY-TREASURER'S
62	62	BOND. (a) Each director shall give bond in the amount of $1,000 for
63	63	the faithful performance of the director's duties.
64	64	(b) The secretary-treasurer of the district shall give bond
65	65	in the amount of $2,500 for the faithful performance of the
66	66	secretary-treasurer's duties.
67	67	Sec. 7814.0204. OFFICIAL ACTIONS; QUORUM. (a) The board
68	68	shall perform official actions by resolution.
69	69	(b) A majority of the board constitutes a quorum for the
70	70	transaction of any business of the district.
71	71	(c) A majority vote of a quorum is sufficient in any
72	72	official action, including final passage and enactment of a
73	73	resolution.
74	74	Sec. 7814.0205. BOARD MEETINGS. (a) The board shall hold
75	75	regular meetings at least once every three months. The dates of
76	76	regular meetings must be established in the district's bylaws or by
77	77	resolution.
78	78	(b) The president or any three directors may call a special
79	79	meeting as necessary to administer district business. At least
80	80	five days before the date of a special meeting, the
81	81	secretary-treasurer shall mail notice of the meeting to the address
82	82	each director filed with the secretary-treasurer. A director in
83	83	writing may waive notices of special meetings.
84	84	Sec. 7814.0206. BOARD COMPENSATION FOR ATTENDING MEETINGS.
85	85	(a) A director is entitled to receive a fee of $20 for attending
86	86	each board meeting and may not be paid more than $40 for meetings
87	87	held in one calendar month.
88	88	(b) In all areas of conflict with Subsection (a) of this
89	89	section, Section 49.060, Water Code, takes precedence.
90	90	(c) A director's compensation may be increased as
91	91	authorized by Section 49.060, Water Code, by resolution adopted by
92	92	the board in accordance with Subsection (e) of that section.
93	93	SUBCHAPTER C. POWERS AND DUTIES
94	94	Sec. 7814.0301. FLOOD CONTROL POWERS AND DUTIES. The
95	95	district may:
96	96	(1) exercise a power, right, privilege, or function
97	97	conferred by general law on a flood control district created under
98	98	Section 59, Article XVI, Texas Constitution, as applicable to Fort
99	99	Bend County and essential to the flood control project;
100	100	(2) devise plans and construct works to lessen and
101	101	control floods;
102	102	(3) reclaim land in the district;
103	103	(4) prevent the deposit of silt in navigable streams;
104	104	(5) remove natural or artificial obstructions from
105	105	streams and other watercourses;
106	106	(6) regulate the flow of surface and floodwaters;
107	107	(7) provide drainage essential to the flood control
108	108	project;
109	109	(8) acquire, by gift, devise, purchase, or
110	110	condemnation:
111	111	(A) land;
112	112	(B) a right or interest in land; or
113	113	(C) any other character of property needed to
114	114	carry on the work of flood control;
115	115	(9) sell, trade, or otherwise dispose of land or other
116	116	property, or a right in the property, no longer needed for the flood
117	117	control project or flood control purposes;
118	118	(10) use the bed and banks of a bayou, river, or stream
119	119	in the district, subject to the requirements of the Texas
120	120	Commission on Environmental Quality;
121	121	(11) authorize its officers, employees, or agents to
122	122	enter any land in the district to make or examine a survey in
123	123	connection with a flood control plan or project or for any other
124	124	authorized purpose;
125	125	(12) overflow or inundate any public land or public
126	126	property, and require the relocation of a road or highway, in the
127	127	manner and to the extent permitted to a district organized under
128	128	general law under Section 59, Article XVI, Texas Constitution,
129	129	subject to the requirements of the state agency with jurisdiction
130	130	over the land or property or the Texas Transportation Commission,
131	131	as applicable;
132	132	(13) appoint a flood control manager and any agents or
133	133	employees of the counties as necessary for flood control purposes,
134	134	including an engineer and counsel, prescribe their duties, and set
135	135	the amounts of their bonds and compensation;
136	136	(14) cooperate or contract with the United States to
137	137	receive and use money from a grant, loan, or advancement to exercise
138	138	a power or further a purpose under this chapter;
139	139	(15) contribute to the United States in connection
140	140	with any project undertaken by the United States that affects or
141	141	relates to flood control in Fort Bend County;
142	142	(16) cooperate or contract with an agency or political
143	143	subdivision of this state, including a municipality in Fort Bend
144	144	County, in relation to:
145	145	(A) a survey;
146	146	(B) the acquisition of land or a right-of-way; or
147	147	(C) the construction, maintenance, or financing
148	148	of all or part of a project in connection with any matter within the
149	149	scope of this chapter;
150	150	(17) contract with an agency or political subdivision
151	151	of this state, including a municipality in Fort Bend County, for the
152	152	imposition of taxes on behalf of and for the benefit of the
153	153	district;
154	154	(18) sue and be sued under the laws of this state; and
155	155	(19) perform any act necessary or proper to carry out
156	156	the powers described by this section or Section 7814.0302.
157	157	Sec. 7814.0302. CONTRACTS AND WARRANTS. The district may
158	158	enter into contracts and issue warrants payable from current funds
159	159	under the applicable provisions of Chapter 252, Local Government
160	160	Code, that relate to a municipality with a population of less than
161	161	5,000, to the extent those provisions are not in conflict with this
162	162	chapter.
163	163	Sec. 7814.0303. EASEMENT OVER AND RELOCATION OF ROADS. The
164	164	district has a right-of-way and easement over and across a road or
165	165	highway of this state or a subdivision of this state for the
166	166	construction or maintenance of a district flood control project,
167	167	subject to the requirements of the Texas Transportation Commission
168	168	if the project requires the relocation or bridging of a state
169	169	highway.
170	170	Sec. 7814.0304. MAINTENANCE OF FEDERAL FLOOD CONTROL
171	171	PROJECTS. The district is entitled to maintain a flood control
172	172	project constructed in Fort Bend County by the United States if the
173	173	project:
174	174	(1) extends wholly or partly into the district or is
175	175	within five miles of the boundaries of the district; and
176	176	(2) is considered by the board to protect property in
177	177	the district.
178	178	Sec. 7814.0305. EMINENT DOMAIN. The district may exercise
179	179	the power of eminent domain inside district boundaries to acquire
180	180	property or an interest in property of any kind that is necessary or
181	181	convenient for the district to exercise a right, power, privilege,
182	182	or function conferred on the district by this chapter.
183	183	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
184	184	Sec. 7814.0401. GRANTS AND GIFTS. A district may make or
185	185	accept from any source grants, gratuities, advances, and loans in
186	186	any form approved by the board, including any governmental entity,
187	187	any private or public corporation, and any other person and may make
188	188	and enter into contracts, agreements, and covenants the board
189	189	considers appropriate in connection with acceptance of grants,
190	190	gratuities, advances, and loans.
191	191	Sec. 7814.0402. DEPOSITORY. The board may select one or
192	192	more depositories.
193	193	Sec. 7814.0403. INVESTMENT OF DISTRICT MONEY. District
194	194	money may be invested by the board or the board's designee under
195	195	Subchapter E, Chapter 49, Water Code.
196	196	Sec. 7814.0404. EXPENDITURES. An expenditure of the
197	197	district must be made by check signed by two directors.
198	198	SUBCHAPTER E. BONDS
199	199	Sec. 7814.0501. AUTHORITY TO ISSUE BONDS. To carry out a
200	200	power the district is authorized to perform, the district may issue
201	201	bonds payable from and secured by:
202	202	(1) ad valorem taxes;
203	203	(2) all or part of the net revenue of the
204	204	income-producing properties of the district, as specified by the
205	205	board, after deducting reasonable expenses for maintenance,
206	206	operation, and administration; or
207	207	(3) ad valorem taxes and the net revenue described by
208	208	Subdivision (2).
209	209	Sec. 7814.0502. BOND ELECTION REQUIRED. The district may
210	210	issue bonds only if the bonds are authorized by a majority of the
211	211	district voters voting at an election called by the board.
212	212	Sec. 7814.0503. NOTICE OF BOND ELECTION. (a) Except as
213	213	otherwise provided by this section, notice of a bond election must
214	214	be given in the manner required of bond elections in water control
215	215	and improvement districts.
216	216	(b) The notice must be published once a week for two
217	217	consecutive weeks in a newspaper of general circulation in the
218	218	district. Publication of the first notice must be not later than
219	219	the 14th day before the date of the election.
220	220	(c) The notice is not required to state any summary of
221	221	engineers or other estimates of cost.
222	222	Sec. 7814.0504. REFUNDING BONDS. (a) The district may
223	223	issue refunding bonds to refund:
224	224	(1) outstanding bonds issued by the district and
225	225	interest on those bonds; or
226	226	(2) outstanding bonds of the city assumed by the
227	227	district.
228	228	(b) Refunding bonds may:
229	229	(1) be issued to refund more than one series of
230	230	outstanding district bonds, including bonds assumed by the
231	231	district;
232	232	(2) combine the pledges of net revenue, taxes, or
233	233	both, that secure the outstanding bonds for the security of the
234	234	refunding bonds; and
235	235	(3) be secured by a pledge of other or additional
236	236	revenue.
237	237	(c) Refunding bonds may be combined and issued jointly with
238	238	new money bonds to be issued and sold to carry out a power for which
239	239	the district may issue bonds.
240	240	(d) The comptroller shall register the refunding bonds on
241	241	the surrender and cancellation of the bonds to be refunded.
242	242	(e) Instead of issuing bonds to be registered on the
243	243	surrender and cancellation of the bonds to be refunded, the
244	244	district, in the resolution authorizing the issuance of the
245	245	refunding bonds, may provide for the sale of the refunding bonds and
246	246	the deposit of the proceeds in a bank at which the bonds to be
247	247	refunded are payable. In that case, the refunding bonds may be
248	248	issued in an amount sufficient to pay the interest on the bonds to
249	249	be refunded to their option date or maturity date, and the
250	250	comptroller shall register the refunding bonds without the
251	251	surrender and cancellation of the bonds to be refunded.
252	252	Sec. 7814.0505. BOND APPROVAL. The board is not required
253	253	to secure the approval of the Texas Commission on Environmental
254	254	Quality for district bonds.
255	255	SECTION 2. (a) As soon as practicable after the effective
256	256	date of this Act, the Commissioners Court of Fort Bend County shall
257	257	appoint seven persons as the temporary directors of the Jones Creek
258	258	Flood Control and Improvement District.
259	259	(b) The temporary directors appointed under Subsection (a)
260	260	of this section shall:
261	261	(1) serve until directors have been elected at an
262	262	election called under this section and those directors have
263	263	qualified for office; and
264	264	(2) order an election to be held on the next uniform
265	265	election date in the Jones Creek Flood Control and Improvement
266	266	District for the election of directors for the district.
267	267	(c) The directors elected at the election ordered under
268	268	Subsection (b) of this section shall draw lots to determine which
269	269	three directors shall serve two-year terms and which four directors
270	270	shall serve four-year terms.
271	271	(d) This section expires January 1, 2022.
272	272	SECTION 3. (a) The legal notice of the intention to
273	273	introduce this Act, setting forth the general substance of this
274	274	Act, has been published as provided by law, and the notice and a
275	275	copy of this Act have been furnished to all persons, agencies,
276	276	officials, or entities to which they are required to be furnished
277	277	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
278	278	Government Code.
279	279	(b) The governor, one of the required recipients, has
280	280	submitted the notice and Act to the Texas Commission on
281	281	Environmental Quality.
282	282	(c) The Texas Commission on Environmental Quality has filed
283	283	its recommendations relating to this Act with the governor, the
284	284	lieutenant governor, and the speaker of the house of
285	285	representatives within the required time.
286	286	(d) All requirements of the constitution and laws of this
287	287	state and the rules and procedures of the legislature with respect
288	288	to the notice, introduction, and passage of this Act are fulfilled
289	289	and accomplished.
290	290	SECTION 4. If this Act does not receive a two-thirds vote of
291	291	all the members elected to each house, Subchapter C, Chapter 7814,
292	292	Special District Local Laws Code, as added by Section 1 of this Act,
293	293	is amended by striking Section 7814.0305 and substituting Section
294	294	7814.0305 to read as follows:
295	295	Sec. 7814.0305. NO EMINENT DOMAIN POWER. The district may
296	296	not exercise the power of eminent domain.
297	297	SECTION 5. This Act takes effect immediately if it receives
298	298	a vote of two-thirds of all the members elected to each house, as
299	299	provided by Section 39, Article III, Texas Constitution. If this
300	300	Act does not receive the vote necessary for immediate effect, this
301	301	Act takes effect September 1, 2019.