Texas 2019 - 86th Regular

Texas House Bill HB4726 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4726
	1	+	By: Dominguez (Senate Sponsor - Lucio) H.B. No. 4726
	2	+	(In the Senate - Received from the House May 9, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 15, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Cameron County Flood Control
6	12		District; granting a limited power of eminent domain; providing
7	13		authority to impose assessments, fees, and taxes and to issue
8	14		bonds.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle E, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 7816 to read as follows:
12	18		CHAPTER 7816. CAMERON COUNTY FLOOD CONTROL DISTRICT
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 7816.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Director" means a member of the board.
17	23		(3) "District" means the Cameron County Flood Control
18	24		District.
19	25		Sec. 7816.0102. NATURE OF DISTRICT. The district is a
20	26		conservation and reclamation district established under Section
21	27		59, Article XVI, Texas Constitution.
22	28		Sec. 7816.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
23	29		(a) The district is created to serve a public use and benefit.
24	30		(b) The land and other property included in the district
25	31		will benefit from the works and projects accomplished by the
26	32		district and by the powers conferred by Section 59, Article XVI,
27	33		Texas Constitution.
28	34		(c) The creation and operation of the district is essential
29	35		to accomplish the purpose of Section 59, Article XVI, Texas
30	36		Constitution.
31	37		Sec. 7816.0104. DISTRICT TERRITORY. The boundaries of the
32	38		district are coextensive with the boundaries of Cameron County
33	39		except that the district does not include territory that is in a
34	40		drainage district or irrigation district on the effective date of
35	41		the Act enacting this chapter.
36	42		Sec. 7816.0105. ALTERATION OF DISTRICT TERRITORY. The
37	43		district may alter the territory of the district as provided by
38	44		Subchapters J and K, Chapter 56, Water Code.
39	45		Sec. 7816.0106. ANNEXATION OF LAND. Before the annexation
40	46		of land inside the corporate limits of a municipality or inside the
41	47		boundaries of a drainage or irrigation district, the district must
42	48		obtain the approval of the municipality or drainage or irrigation
43	49		district.
44	50		SUBCHAPTER B. BOARD OF DIRECTORS
45	51		Sec. 7816.0201. COMPOSITION OF BOARD; TERMS. (a) The
46	52		district is governed by a board consisting of the five county
47	53		commissioners of Cameron County.
48	54		(b) The members of the Cameron County commissioners court
49	55		serve ex-officio and without compensation as directors.
50	56		(c) The terms of the directors correspond to the terms of
51	57		the county commissioners.
52	58		Sec. 7816.0202. DIRECTOR'S BOND. (a) A director shall
53	59		execute a bond in the amount of $10,000 for the faithful performance
54	60		of the director's duties.
55	61		(b) The bond must be filed in the office of the county clerk
56	62		of Cameron County.
57	63		Sec. 7816.0203. BOARD PRESIDENT; ABSENCE OF BOARD
58	64		PRESIDENT. (a) The board may authorize the board's president to
59	65		sign all orders or take other action.
60	66		(b) Any order adopted or action taken at a board meeting at
61	67		which the board's president is absent may be signed by the board's
62	68		vice president, or the board may authorize the president to sign the
63	69		order or action at a later time.
64	70		Sec. 7816.0204. SECRETARY'S DUTIES. The board secretary
65	71		shall keep accurate minutes and shall certify any action taken by
66	72		the board.
67	73		Sec. 7816.0205. TREASURER. (a) The board may appoint a
68	74		district treasurer.
69	75		(b) The district treasurer shall execute a bond in an amount
70	76		determined by the board payable to the district and conditioned on
71	77		the faithful performance of the treasurer's duties.
72	78		Sec. 7816.0206. VOTE REQUIRED FOR OFFICIAL BOARD ACTION.
73	79		An official action of the board is not valid without the affirmative
74	80		vote of a majority of the directors.
75	81		Sec. 7816.0207. DESIGNATION OF DIRECTOR TO ACT ON
76	82		DISTRICT'S BEHALF. The board may designate one or more directors to
77	83		execute on behalf of the district all contracts, including a
78	84		construction contract, sign checks, or handle any other matter
79	85		entered into by the board as shown in the district's official
80	86		minutes.
81	87		Sec. 7816.0208. DISTRICT OFFICE. (a) The board shall
82	88		establish and maintain a district office inside the district.
83	89		(b) The board may establish a second district office outside
84	90		the district.
85	91		(c) A district office may be a private residence or office
86	92		and that residence or office is a public place for matters relating
87	93		to the district's business.
88	94		Sec. 7816.0209. RECORDS. The board shall keep the
89	95		district's records open to public inspection at reasonable times at
90	96		the district's principal office.
91	97		SUBCHAPTER C. POWERS AND DUTIES
92	98		Sec. 7816.0301. GENERAL POWERS AND DUTIES. (a) The
93	99		district may exercise the rights, powers, privileges, and functions
94	100		provided by Section 59, Article XVI, Texas Constitution, Chapters
95	101		49 and 57, Water Code, and this chapter.
96	102		(b) The district may construct and maintain levees and other
97	103		improvements on, along, and contiguous to rivers, creeks, streams,
98	104		and drainage courses for the purposes of:
99	105		(1) reclaiming land from overflow from that water;
100	106		(2) controlling and distributing the water of rivers
101	107		and streams by straightening and improving the rivers and streams;
102	108		(3) draining and improving the land; and
103	109		(4) preventing the pollution of the water.
104	110		Sec. 7816.0302. EMINENT DOMAIN. (a) The district may
105	111		exercise the power of eminent domain in Cameron County to acquire
106	112		the fee simple title to or an easement or right-of-way to, over, or
107	113		through any land, water, or land under water inside or outside the
108	114		district that has a direct effect on the accomplishment of the
109	115		purposes for which the district is created and is necessary for
110	116		constructing and maintaining all levees and other improvements for
111	117		the improvement of rivers, creeks, streams, or drainage courses in
112	118		the district or bordering the district and to prevent overflows.
113	119		(b) The district may not exercise the power of eminent
114	120		domain under Subsection (a) to acquire land or other property that
115	121		is used for cemetery purposes.
116	122		(c) The district must exercise the power of eminent domain
117	123		in the manner provided by Chapter 21, Property Code.
118	124		(d) The district may not exercise the power of eminent
119	125		domain within the corporate limits of a municipality without the
120	126		prior approval by resolution of the governing body of the
121	127		municipality.
122	128		Sec. 7816.0303. COST OF RELOCATING OR ALTERING PROPERTY.
123	129		(a) In this section, "sole expense" means the actual cost of
124	130		relocating, raising, lowering, rerouting, changing the grade of, or
125	131		altering the construction of a facility described by Subsection (b)
126	132		to provide comparable replacement without enhancement of the
127	133		facility, after deducting the net salvage value of the old
128	134		facility.
129	135		(b) If the district's exercise of its power of eminent
130	136		domain makes necessary relocating, raising, lowering, rerouting,
131	137		changing the grade of, or altering the construction of a highway,
132	138		railroad, electric transmission or distribution line, telephone or
133	139		telegraph property or facility, or pipeline, the necessary action
134	140		shall be accomplished at the sole expense of the district unless the
135	141		owner of the relocated or altered facility has a legal obligation to
136	142		pay those expenses.
137	143		Sec. 7816.0304. CONTRACTS FOR FACILITIES AND IMPROVEMENTS;
138	144		ELECTION NOT REQUIRED. (a) The district may enter into a contract
139	145		with a person for the maintenance or construction of any facility or
140	146		improvement authorized by this chapter.
141	147		(b) The district may enter into a contract under Subsection
142	148		(a) without:
143	149		(1) voting for the issuance of bonds; or
144	150		(2) holding an election to approve the contract.
145	151		(c) The district may enter into an interlocal agreement with
146	152		a drainage district, irrigation district, or municipality for
147	153		maintenance and improvement of district projects, when
148	154		practicable.
149	155		Sec. 7816.0305. PROHIBITED FUNCTIONS. The district may
150	156		not:
151	157		(1) engage in any park, water service, wastewater
152	158		service, police, or firefighting function; or
153	159		(2) spend any district money or issue bonds for any
154	160		function described by Subdivision (1).
155	161		Sec. 7816.0306. STANDARDS FOR ROAD, STREET, OR UTILITY
156	162		CONSTRUCTION. Any road, street, or utility construction by the
157	163		district within the corporate limits of a municipality must comply
158	164		with the standards for construction adopted by the municipality.
159	165		Sec. 7816.0307. APPROVAL OF RECLAMATION PLAN, AMENDMENT, OR
160	166		PROJECT. In addition to any other requirements in this chapter, a
161	167		reclamation plan adopted by the district, an amendment to a
162	168		reclamation plan, or a project of the district that is not included
163	169		in a reclamation plan must be approved by any appropriate
164	170		municipalities before the plan, amendment, or project takes effect.
165	171		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
166	172		Sec. 7816.0401. DEPOSITORY. (a) The board shall designate
167	173		one or more banks to serve as the depository for district money.
168	174		(b) District money shall be deposited as received in a
169	175		depository bank, other than money transmitted to a bank for payment
170	176		of bonds issued by the district.
171	177		(c) If district money is deposited in a depository that is
172	178		not insured by the Federal Deposit Insurance Corporation, the money
173	179		must be secured in the manner provided by law for the security of
174	180		county funds.
175	181		Sec. 7816.0402. AUTHORITY TO ISSUE BONDS AND INCUR
176	182		INDEBTEDNESS. The district may issue bonds and incur other
177	183		indebtedness in the manner provided by Subchapter E, Chapter 7803.
178	184		Sec. 7816.0403. BOND ANTICIPATION NOTES. (a) In addition
179	185		to all other methods of acquiring money for district purposes, the
180	186		district may issue bond anticipation notes for any purpose for
181	187		which district bonds have been voted or may be issued to refund
182	188		outstanding bond anticipation notes and the interest on the notes
183	189		being refunded.
184	190		(b) The notes may bear interest at any rate not to exceed the
185	191		maximum interest rate applicable to the district's authorized
186	192		bonds.
187	193		(c) The district shall pay the notes only from the proceeds
188	194		of the sale of bonds by the district.
189	195		Sec. 7816.0404. AUTHORIZED MAINTENANCE TAXES. The district
190	196		may impose a maintenance tax that has been authorized at an election
191	197		held in the district.
192	198		SECTION 2. (a) The legal notice of the intention to
193	199		introduce this Act, setting forth the general substance of this
194	200		Act, has been published as provided by law, and the notice and a
195	201		copy of this Act have been furnished to all persons, agencies,
196	202		officials, or entities to which they are required to be furnished
197	203		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
198	204		Government Code.
199	205		(b) The governor, one of the required recipients, has
200	206		submitted the notice and Act to the Texas Commission on
201	207		Environmental Quality.
202	208		(c) The Texas Commission on Environmental Quality has filed
203	209		its recommendations relating to this Act with the governor, the
204	210		lieutenant governor, and the speaker of the house of
205	211		representatives within the required time.
206	212		(d) All requirements of the constitution and laws of this
207	213		state and the rules and procedures of the legislature with respect
208	214		to the notice, introduction, and passage of this Act are fulfilled
209	215		and accomplished.
210	216		SECTION 3. (a) Sections 7816.0302 and 7816.0303, Special
211	217		District Local Laws Code, as added by Section 1 of this Act, take
212	218		effect only if this Act receives a two-thirds vote of all the
213	219		members elected to each house.
214	220		(b) If this Act does not receive a two-thirds vote of all the
215	221		members elected to each house, Subchapter C, Chapter 7816, Special
216	222		District Local Laws Code, as added by Section 1 of this Act, is
217	223		amended by adding Section 7816.0302 to read as follows:
218	224		Sec. 7816.0302. NO EMINENT DOMAIN POWER. The district may
219	225		not exercise the power of eminent domain.
220	226		(c) This section is not intended to be an expression of a
221	227		legislative interpretation of the requirements of Section 17(c),
222	228		Article I, Texas Constitution.
223	229		SECTION 4. This Act takes effect immediately if it receives
224	230		a vote of two-thirds of all the members elected to each house, as
225	231		provided by Section 39, Article III, Texas Constitution. If this
226	232		Act does not receive the vote necessary for immediate effect, this
227	233		Act takes effect September 1, 2019.
228		-	______________________________ ______________________________
229		-	President of the Senate Speaker of the House
230		-	I certify that H.B. No. 4726 was passed by the House on May 9,
231		-	2019, by the following vote: Yeas 111, Nays 30, 2 present, not
232		-	voting.
233		-	______________________________
234		-	Chief Clerk of the House
235		-	I certify that H.B. No. 4726 was passed by the Senate on May
236		-	21, 2019, by the following vote: Yeas 29, Nays 2.
237		-	______________________________
238		-	Secretary of the Senate
239		-	APPROVED: _____________________
240		-	Date
241		-	_____________________
242		-	Governor
	234	+	* * * * *