Bill Text: TX HB4011 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of the Jones Creek Flood Control and Improvement District; granting a limited power of eminent domain; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-04-15 - Recommendations filed with the Speaker [HB4011 Detail]
Download: Texas-2019-HB4011-Introduced.html
86R8638 SLB-F | ||
By: Zerwas | H.B. No. 4011 |
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relating to the creation of the Jones Creek Flood Control and | ||
Improvement District; granting a limited power of eminent domain; | ||
providing authority to impose assessments, fees, and taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle E, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 7814 to read as follows: | ||
CHAPTER 7814. JONES CREEK FLOOD CONTROL AND IMPROVEMENT DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7814.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the Jones Creek Flood Control and | ||
Improvement District. | ||
Sec. 7814.0102. NATURE OF DISTRICT. (a) The district is a | ||
conservation and reclamation district as provided by this chapter. | ||
(b) The creation of the district is essential to accomplish | ||
the purposes of Section 59, Article XVI, Texas Constitution. | ||
Sec. 7814.0103. DISTRICT TERRITORY. The district initially | ||
is composed of the territory described as the Jones Creek Watershed | ||
using the National Hydrography Dataset and the Watershed Boundary | ||
Dataset and the remainder of any property any part of which falls | ||
inside the district on the date this chapter takes effect. | ||
Sec. 7814.0104. ANNEXATION OR EXCLUSION OF LAND. (a) The | ||
district may annex land to or may exclude land from the district in | ||
accordance with Subchapter J, Chapter 49, or Subchapter H, Chapter | ||
54, Water Code. | ||
(b) The district is not required to hold an exclusion | ||
hearing. | ||
Sec. 7814.0105. PROVISIONS NOT APPLICABLE. The following | ||
provisions of Chapter 49, Water Code, do not apply to the district: | ||
(1) Section 49.104; | ||
(2) Section 49.1045; | ||
(3) Section 49.152; | ||
(4) Section 49.154; | ||
(5) Section 49.155; | ||
(6) Section 49.219; | ||
(7) Section 49.222; | ||
(8) Section 49.236; | ||
(9) Section 49.2361; | ||
(10) Subchapter F; | ||
(11) Subchapter L; and | ||
(12) Subchapter N. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7814.0201. COMPOSITION OF BOARD. The district is | ||
governed by a board of seven elected directors who serve staggered | ||
terms. | ||
Sec. 7814.0202. OFFICERS. (a) The board shall elect from | ||
among its members a president, a vice president, and a | ||
secretary-treasurer at the first board meeting after each | ||
directors' election. | ||
(b) The secretary-treasurer: | ||
(1) is the custodian of district records; and | ||
(2) shall attest to all legal documents executed by | ||
the district. | ||
Sec. 7814.0203. DIRECTOR'S BOND; SECRETARY-TREASURER'S | ||
BOND. (a) Each director shall give bond in the amount of $1,000 for | ||
the faithful performance of the director's duties. | ||
(b) The secretary-treasurer of the district shall give bond | ||
in the amount of $2,500 for the faithful performance of the | ||
secretary-treasurer's duties. | ||
Sec. 7814.0204. OFFICIAL ACTIONS; QUORUM. (a) The board | ||
shall perform official actions by resolution. | ||
(b) A majority of the board constitutes a quorum for the | ||
transaction of any business of the district. | ||
(c) A majority vote of a quorum is sufficient in any | ||
official action, including final passage and enactment of a | ||
resolution. | ||
Sec. 7814.0205. BOARD MEETINGS. (a) The board shall hold | ||
regular meetings at least once every three months. The dates of | ||
regular meetings must be established in the district's bylaws or by | ||
resolution. | ||
(b) The president or any three directors may call a special | ||
meeting as necessary to administer district business. At least | ||
five days before the date of a special meeting, the | ||
secretary-treasurer shall mail notice of the meeting to the address | ||
each director filed with the secretary-treasurer. A director in | ||
writing may waive notices of special meetings. | ||
Sec. 7814.0206. BOARD COMPENSATION FOR ATTENDING MEETINGS. | ||
(a) A director is entitled to receive a fee of $20 for attending | ||
each board meeting and may not be paid more than $40 for meetings | ||
held in one calendar month. | ||
(b) In all areas of conflict with Subsection (a) of this | ||
section, Section 49.060, Water Code, takes precedence. | ||
(c) A director's compensation may be increased as | ||
authorized by Section 49.060, Water Code, by resolution adopted by | ||
the board in accordance with Subsection (e) of that section. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7814.0301. FLOOD CONTROL POWERS AND DUTIES. The | ||
district may: | ||
(1) exercise a power, right, privilege, or function | ||
conferred by general law on a flood control district created under | ||
Section 59, Article XVI, Texas Constitution, as applicable to Fort | ||
Bend County and essential to the flood control project; | ||
(2) devise plans and construct works to lessen and | ||
control floods; | ||
(3) reclaim land in the district; | ||
(4) prevent the deposit of silt in navigable streams; | ||
(5) remove natural or artificial obstructions from | ||
streams and other watercourses; | ||
(6) regulate the flow of surface and floodwaters; | ||
(7) provide drainage essential to the flood control | ||
project; | ||
(8) acquire, by gift, devise, purchase, or | ||
condemnation: | ||
(A) land; | ||
(B) a right or interest in land; or | ||
(C) any other character of property needed to | ||
carry on the work of flood control; | ||
(9) sell, trade, or otherwise dispose of land or other | ||
property, or a right in the property, no longer needed for the flood | ||
control project or flood control purposes; | ||
(10) use the bed and banks of a bayou, river, or stream | ||
in the district, subject to the requirements of the Texas | ||
Commission on Environmental Quality; | ||
(11) authorize its officers, employees, or agents to | ||
enter any land in the district to make or examine a survey in | ||
connection with a flood control plan or project or for any other | ||
authorized purpose; | ||
(12) overflow or inundate any public land or public | ||
property, and require the relocation of a road or highway, in the | ||
manner and to the extent permitted to a district organized under | ||
general law under Section 59, Article XVI, Texas Constitution, | ||
subject to the requirements of the state agency with jurisdiction | ||
over the land or property or the Texas Transportation Commission, | ||
as applicable; | ||
(13) appoint a flood control manager and any agents or | ||
employees of the counties as necessary for flood control purposes, | ||
including an engineer and counsel, prescribe their duties, and set | ||
the amounts of their bonds and compensation; | ||
(14) cooperate or contract with the United States to | ||
receive and use money from a grant, loan, or advancement to exercise | ||
a power or further a purpose under this chapter; | ||
(15) contribute to the United States in connection | ||
with any project undertaken by the United States that affects or | ||
relates to flood control in Fort Bend County; | ||
(16) cooperate or contract with an agency or political | ||
subdivision of this state, including a municipality in Fort Bend | ||
County, in relation to: | ||
(A) a survey; | ||
(B) the acquisition of land or a right-of-way; or | ||
(C) the construction, maintenance, or financing | ||
of all or part of a project in connection with any matter within the | ||
scope of this chapter; | ||
(17) contract with an agency or political subdivision | ||
of this state, including a municipality in Fort Bend County, for the | ||
imposition of taxes on behalf of and for the benefit of the | ||
district; | ||
(18) sue and be sued under the laws of this state; and | ||
(19) perform any act necessary or proper to carry out | ||
the powers described by this section or Section 7814.0302. | ||
Sec. 7814.0302. CONTRACTS AND WARRANTS. The district may | ||
enter into contracts and issue warrants payable from current funds | ||
under the applicable provisions of Chapter 252, Local Government | ||
Code, that relate to a municipality with a population of less than | ||
5,000, to the extent those provisions are not in conflict with this | ||
chapter. | ||
Sec. 7814.0303. EASEMENT OVER AND RELOCATION OF ROADS. The | ||
district has a right-of-way and easement over and across a road or | ||
highway of this state or a subdivision of this state for the | ||
construction or maintenance of a district flood control project, | ||
subject to the requirements of the Texas Transportation Commission | ||
if the project requires the relocation or bridging of a state | ||
highway. | ||
Sec. 7814.0304. MAINTENANCE OF FEDERAL FLOOD CONTROL | ||
PROJECTS. The district is entitled to maintain a flood control | ||
project constructed in Fort Bend County by the United States if the | ||
project: | ||
(1) extends wholly or partly into the district or is | ||
within five miles of the boundaries of the district; and | ||
(2) is considered by the board to protect property in | ||
the district. | ||
Sec. 7814.0305. EMINENT DOMAIN. The district may exercise | ||
the power of eminent domain inside district boundaries to acquire | ||
property or an interest in property of any kind that is necessary or | ||
convenient for the district to exercise a right, power, privilege, | ||
or function conferred on the district by this chapter. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7814.0401. GRANTS AND GIFTS. A district may make or | ||
accept from any source grants, gratuities, advances, and loans in | ||
any form approved by the board, including any governmental entity, | ||
any private or public corporation, and any other person and may make | ||
and enter into contracts, agreements, and covenants the board | ||
considers appropriate in connection with acceptance of grants, | ||
gratuities, advances, and loans. | ||
Sec. 7814.0402. DEPOSITORY. The board may select one or | ||
more depositories. | ||
Sec. 7814.0403. INVESTMENT OF DISTRICT MONEY. District | ||
money may be invested by the board or the board's designee under | ||
Subchapter E, Chapter 49, Water Code. | ||
Sec. 7814.0404. EXPENDITURES. An expenditure of the | ||
district must be made by check signed by two directors. | ||
SUBCHAPTER E. BONDS | ||
Sec. 7814.0501. AUTHORITY TO ISSUE BONDS. To carry out a | ||
power the district is authorized to perform, the district may issue | ||
bonds payable from and secured by: | ||
(1) ad valorem taxes; | ||
(2) all or part of the net revenue of the | ||
income-producing properties of the district, as specified by the | ||
board, after deducting reasonable expenses for maintenance, | ||
operation, and administration; or | ||
(3) ad valorem taxes and the net revenue described by | ||
Subdivision (2). | ||
Sec. 7814.0502. BOND ELECTION REQUIRED. The district may | ||
issue bonds only if the bonds are authorized by a majority of the | ||
district voters voting at an election called by the board. | ||
Sec. 7814.0503. NOTICE OF BOND ELECTION. (a) Except as | ||
otherwise provided by this section, notice of a bond election must | ||
be given in the manner required of bond elections in water control | ||
and improvement districts. | ||
(b) The notice must be published once a week for two | ||
consecutive weeks in a newspaper of general circulation in the | ||
district. Publication of the first notice must be not later than | ||
the 14th day before the date of the election. | ||
(c) The notice is not required to state any summary of | ||
engineers or other estimates of cost. | ||
Sec. 7814.0504. REFUNDING BONDS. (a) The district may | ||
issue refunding bonds to refund: | ||
(1) outstanding bonds issued by the district and | ||
interest on those bonds; or | ||
(2) outstanding bonds of the city assumed by the | ||
district. | ||
(b) Refunding bonds may: | ||
(1) be issued to refund more than one series of | ||
outstanding district bonds, including bonds assumed by the | ||
district; | ||
(2) combine the pledges of net revenue, taxes, or | ||
both, that secure the outstanding bonds for the security of the | ||
refunding bonds; and | ||
(3) be secured by a pledge of other or additional | ||
revenue. | ||
(c) Refunding bonds may be combined and issued jointly with | ||
new money bonds to be issued and sold to carry out a power for which | ||
the district may issue bonds. | ||
(d) The comptroller shall register the refunding bonds on | ||
the surrender and cancellation of the bonds to be refunded. | ||
(e) Instead of issuing bonds to be registered on the | ||
surrender and cancellation of the bonds to be refunded, the | ||
district, in the resolution authorizing the issuance of the | ||
refunding bonds, may provide for the sale of the refunding bonds and | ||
the deposit of the proceeds in a bank at which the bonds to be | ||
refunded are payable. In that case, the refunding bonds may be | ||
issued in an amount sufficient to pay the interest on the bonds to | ||
be refunded to their option date or maturity date, and the | ||
comptroller shall register the refunding bonds without the | ||
surrender and cancellation of the bonds to be refunded. | ||
Sec. 7814.0505. BOND APPROVAL. The board is not required | ||
to secure the approval of the Texas Commission on Environmental | ||
Quality for district bonds. | ||
SECTION 2. (a) As soon as practicable after the effective | ||
date of this Act, the Commissioners Court of Fort Bend County shall | ||
appoint seven persons as the temporary directors of the Jones Creek | ||
Flood Control and Improvement District. | ||
(b) The temporary directors appointed under Subsection (a) | ||
of this section shall: | ||
(1) serve until directors have been elected at an | ||
election called under this section and those directors have | ||
qualified for office; and | ||
(2) order an election to be held on the next uniform | ||
election date in the Jones Creek Flood Control and Improvement | ||
District for the election of directors for the district. | ||
(c) The directors elected at the election ordered under | ||
Subsection (b) of this section shall draw lots to determine which | ||
three directors shall serve two-year terms and which four directors | ||
shall serve four-year terms. | ||
(d) This section expires January 1, 2022. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 4. If this Act does not receive a two-thirds vote of | ||
all the members elected to each house, Subchapter C, Chapter 7814, | ||
Special District Local Laws Code, as added by Section 1 of this Act, | ||
is amended by striking Section 7814.0305 and substituting Section | ||
7814.0305 to read as follows: | ||
Sec. 7814.0305. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SECTION 5. 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, 2019. |