Bill Text: TX HB4726 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the creation of the Cameron County Flood Control District; granting a limited power of eminent domain; providing authority to impose assessments, fees, and taxes and to issue bonds.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-06-10 - Effective immediately [HB4726 Detail]

Download: Texas-2019-HB4726-Enrolled.html

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H.B. No. 4726

AN ACT
relating to the creation of the Cameron County Flood Control
District; granting a limited power of eminent domain; providing
authority to impose assessments, fees, and taxes and to issue
bonds.
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 7816 to read as follows:
CHAPTER 7816. CAMERON COUNTY FLOOD CONTROL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7816.0101. 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 Cameron County Flood Control
District.
Sec. 7816.0102. NATURE OF DISTRICT. The district is a
conservation and reclamation district established under Section
59, Article XVI, Texas Constitution.
Sec. 7816.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) The land and other property included in the district
will benefit from the works and projects accomplished by the
district and by the powers conferred by Section 59, Article XVI,
Texas Constitution.
(c) The creation and operation of the district is essential
to accomplish the purpose of Section 59, Article XVI, Texas
Constitution.
Sec. 7816.0104. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Cameron County
except that the district does not include territory that is in a
drainage district or irrigation district on the effective date of
the Act enacting this chapter.
Sec. 7816.0105. ALTERATION OF DISTRICT TERRITORY. The
district may alter the territory of the district as provided by
Subchapters J and K, Chapter 56, Water Code.
Sec. 7816.0106. ANNEXATION OF LAND. Before the annexation
of land inside the corporate limits of a municipality or inside the
boundaries of a drainage or irrigation district, the district must
obtain the approval of the municipality or drainage or irrigation
district.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7816.0201. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board consisting of the five county
commissioners of Cameron County.
(b) The members of the Cameron County commissioners court
serve ex-officio and without compensation as directors.
(c) The terms of the directors correspond to the terms of
the county commissioners.
Sec. 7816.0202. DIRECTOR'S BOND. (a) A director shall
execute a bond in the amount of $10,000 for the faithful performance
of the director's duties.
(b) The bond must be filed in the office of the county clerk
of Cameron County.
Sec. 7816.0203. BOARD PRESIDENT; ABSENCE OF BOARD
PRESIDENT. (a) The board may authorize the board's president to
sign all orders or take other action.
(b) Any order adopted or action taken at a board meeting at
which the board's president is absent may be signed by the board's
vice president, or the board may authorize the president to sign the
order or action at a later time.
Sec. 7816.0204. SECRETARY'S DUTIES. The board secretary
shall keep accurate minutes and shall certify any action taken by
the board.
Sec. 7816.0205. TREASURER. (a) The board may appoint a
district treasurer.
(b) The district treasurer shall execute a bond in an amount
determined by the board payable to the district and conditioned on
the faithful performance of the treasurer's duties.
Sec. 7816.0206. VOTE REQUIRED FOR OFFICIAL BOARD ACTION.
An official action of the board is not valid without the affirmative
vote of a majority of the directors.
Sec. 7816.0207. DESIGNATION OF DIRECTOR TO ACT ON
DISTRICT'S BEHALF. The board may designate one or more directors to
execute on behalf of the district all contracts, including a
construction contract, sign checks, or handle any other matter
entered into by the board as shown in the district's official
minutes.
Sec. 7816.0208. DISTRICT OFFICE. (a) The board shall
establish and maintain a district office inside the district.
(b) The board may establish a second district office outside
the district.
(c) A district office may be a private residence or office
and that residence or office is a public place for matters relating
to the district's business.
Sec. 7816.0209. RECORDS. The board shall keep the
district's records open to public inspection at reasonable times at
the district's principal office.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7816.0301. GENERAL POWERS AND DUTIES. (a) The
district may exercise the rights, powers, privileges, and functions
provided by Section 59, Article XVI, Texas Constitution, Chapters
49 and 57, Water Code, and this chapter.
(b) The district may construct and maintain levees and other
improvements on, along, and contiguous to rivers, creeks, streams,
and drainage courses for the purposes of:
(1) reclaiming land from overflow from that water;
(2) controlling and distributing the water of rivers
and streams by straightening and improving the rivers and streams;
(3) draining and improving the land; and
(4) preventing the pollution of the water.
Sec. 7816.0302. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain in Cameron County to acquire
the fee simple title to or an easement or right-of-way to, over, or
through any land, water, or land under water inside or outside the
district that has a direct effect on the accomplishment of the
purposes for which the district is created and is necessary for
constructing and maintaining all levees and other improvements for
the improvement of rivers, creeks, streams, or drainage courses in
the district or bordering the district and to prevent overflows.
(b) The district may not exercise the power of eminent
domain under Subsection (a) to acquire land or other property that
is used for cemetery purposes.
(c) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code.
(d) The district may not exercise the power of eminent
domain within the corporate limits of a municipality without the
prior approval by resolution of the governing body of the
municipality.
Sec. 7816.0303. COST OF RELOCATING OR ALTERING PROPERTY.
(a) In this section, "sole expense" means the actual cost of
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of a facility described by Subsection (b)
to provide comparable replacement without enhancement of the
facility, after deducting the net salvage value of the old
facility.
(b) If the district's exercise of its power of eminent
domain makes necessary relocating, raising, lowering, rerouting,
changing the grade of, or altering the construction of a highway,
railroad, electric transmission or distribution line, telephone or
telegraph property or facility, or pipeline, the necessary action
shall be accomplished at the sole expense of the district unless the
owner of the relocated or altered facility has a legal obligation to
pay those expenses.
Sec. 7816.0304. CONTRACTS FOR FACILITIES AND IMPROVEMENTS;
ELECTION NOT REQUIRED. (a) The district may enter into a contract
with a person for the maintenance or construction of any facility or
improvement authorized by this chapter.
(b) The district may enter into a contract under Subsection
(a) without:
(1) voting for the issuance of bonds; or
(2) holding an election to approve the contract.
(c) The district may enter into an interlocal agreement with
a drainage district, irrigation district, or municipality for
maintenance and improvement of district projects, when
practicable.
Sec. 7816.0305. PROHIBITED FUNCTIONS. The district may
not:
(1) engage in any park, water service, wastewater
service, police, or firefighting function; or
(2) spend any district money or issue bonds for any
function described by Subdivision (1).
Sec. 7816.0306. STANDARDS FOR ROAD, STREET, OR UTILITY
CONSTRUCTION. Any road, street, or utility construction by the
district within the corporate limits of a municipality must comply
with the standards for construction adopted by the municipality.
Sec. 7816.0307. APPROVAL OF RECLAMATION PLAN, AMENDMENT, OR
PROJECT. In addition to any other requirements in this chapter, a
reclamation plan adopted by the district, an amendment to a
reclamation plan, or a project of the district that is not included
in a reclamation plan must be approved by any appropriate
municipalities before the plan, amendment, or project takes effect.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7816.0401. DEPOSITORY. (a) The board shall designate
one or more banks to serve as the depository for district money.
(b) District money shall be deposited as received in a
depository bank, other than money transmitted to a bank for payment
of bonds issued by the district.
(c) If district money is deposited in a depository that is
not insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
Sec. 7816.0402. AUTHORITY TO ISSUE BONDS AND INCUR
INDEBTEDNESS. The district may issue bonds and incur other
indebtedness in the manner provided by Subchapter E, Chapter 7803.
Sec. 7816.0403. BOND ANTICIPATION NOTES. (a) In addition
to all other methods of acquiring money for district purposes, the
district may issue bond anticipation notes for any purpose for
which district bonds have been voted or may be issued to refund
outstanding bond anticipation notes and the interest on the notes
being refunded.
(b) The notes may bear interest at any rate not to exceed the
maximum interest rate applicable to the district's authorized
bonds.
(c) The district shall pay the notes only from the proceeds
of the sale of bonds by the district.
Sec. 7816.0404. AUTHORIZED MAINTENANCE TAXES. The district
may impose a maintenance tax that has been authorized at an election
held in the district.
SECTION 2. (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 3. (a) Sections 7816.0302 and 7816.0303, Special
District Local Laws Code, as added by Section 1 of this Act, take
effect only if this Act receives a two-thirds vote of all the
members elected to each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 7816, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 7816.0302 to read as follows:
Sec. 7816.0302. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4726 was passed by the House on May 9,
2019, by the following vote: Yeas 111, Nays 30, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4726 was passed by the Senate on May
21, 2019, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor