TLC: Special District Local Laws Code Proposed Chapters

81C209(3) UM

CHAPTER 8246. LAVACA COUNTY FLOOD CONTROL DISTRICT NO. 3

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8246.001. DEFINITIONS ............................... 2

Sec. 8246.002. NATURE OF DISTRICT ........................ 3

Sec. 8246.003. DISTRICT TERRITORY ........................ 5

[Sections 8246.004-8246.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8246.051. COMPOSITION OF BOARD ...................... 6

Sec. 8246.052. DIRECTOR'S BOND; TREASURER'S BOND ......... 9

Sec. 8246.053. OFFICIAL ACTIONS; QUORUM .................. 9

Sec. 8246.054. BOARD MEETINGS ............................ 10

Sec. 8246.055. BOARD COMPENSATION FOR ATTENDING

MEETINGS ................................ 11

Sec. 8246.056. OFFICERS .................................. 11

[Sections 8246.057-8246.100 reserved for expansion]

SUBCHAPTER C. GENERAL POWERS AND DUTIES

Sec. 8246.101. MUNICIPAL UTILITY DISTRICT POWERS;

GENERAL POWERS .......................... 13

Sec. 8246.102. EMINENT DOMAIN ............................ 14

Sec. 8246.103. CONTRACTS AND WARRANTS .................... 15

[Sections 8246.104-8246.150 reserved for expansion]

SUBCHAPTER D. FLOOD CONTROL

Sec. 8246.151. FLOOD CONTROL POWERS AND DUTIES ........... 16

Sec. 8246.152. EASEMENT OVER AND RELOCATION OF ROADS ..... 22

Sec. 8246.153. MAINTENANCE OF FEDERAL FLOOD CONTROL

PROJECTS ................................ 23

[Sections 8246.154-8246.200 reserved for expansion]

SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS

Sec. 8246.201. PETITION AND ELECTION AUTHORIZING AD

VALOREM TAX; TAX LIMIT .................. 23

Sec. 8246.202. NOTICE FOR AND MANNER OF HOLDING AD

VALOREM TAX ELECTION .................... 25

Sec. 8246.203. TAX LAWS APPLICABLE ....................... 27

[Sections 8246.204-8246.250 reserved for expansion]

SUBCHAPTER F. BONDS

Sec. 8246.251. PETITION FOR BOND ELECTION ................ 27

Sec. 8246.252. DATE AND NOTICE OF PETITION HEARING ....... 28

Sec. 8246.253. HEARING AND DETERMINATION ON PETITION ..... 29

Sec. 8246.254. ELECTION FOR, ISSUANCE OF, AND SALE OF

BONDS ................................... 29

CHAPTER 8246. LAVACA COUNTY FLOOD CONTROL DISTRICT NO. 3

SUBCHAPTER A. GENERAL PROVISIONS

Revised Law

Sec. 8246.001. 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 Lavaca County Flood Control District No. 3.

(4) "President" means the president of the board.

(5) "Secretary" means the secretary of the board. (Acts 56th Leg., R.S., Ch. 95, Secs. 1 (part), 4 (part); New.)

Source Law

Sec. 1. … a … District to be known as Lavaca County Flood Control District Number 3, hereinafter called the District, and … .

Sec. 4. [The District's power shall be exercised through a] Board of Directors, hereinafter referred to as the Board… .

Revisor's Note

The definitions of "director," "president," and "secretary" are added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definitions.

Revised Law

Sec. 8246.002. NATURE OF DISTRICT. (a) The district is a municipal utility district and 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. (Acts 56th Leg., R.S., Ch. 95, Sec. 1 (part); New.)

Source Law

Sec. 1. There is hereby created and established within the State of Texas in addition to the districts into which the state has heretofore been divided in the form and manner hereinafter provided, a Conservation and Reclamation District … the creation and establishment of such District being essential to the accomplishment of the purposes of Section 59 of Article XVI of the Constitution of this State, as amended, … .

Revisor's Note

(1) Section 1, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides that the district "is hereby created and established." The revised law omits the quoted language as executed.

(2) Section 1, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, states that the district is created "within the State of Texas in addition to the districts into which the state has heretofore been divided." The revised law omits the quoted language because the absence of the language does not imply that the legislature could create a district outside its jurisdiction or that the district is not in addition to any other districts.

(3) Section 1, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides that the district is a governmental agency and body politic and corporate, with governmental powers. The revised law omits the provision because it duplicates a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and body politic and corporate, with governmental powers conferred by law. The omitted law reads:

Sec. 1. … Such District shall be a governmental agency and body politic and corporate, with the powers of government and … .

(4) Section 1, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides that the "creation and establishment" of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. The revised law omits "establishment" because, in context, "establishment" is included in the meaning of "creation."

(5) Section 1, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to "Section 59 of Article XVI of the Constitution of this State, as amended." Throughout this chapter, in reference to constitutional provisions, the revised law omits "as amended" because a statutory reference to a constitutional provision would, in the absence of the phrase, be interpreted as including any amendments to that provision that had been adopted as of the date the statute was enacted. To the extent that "as amended" was intended to incorporate any constitutional amendment adopted after Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, was enacted, the phrase is unnecessary because such an amendment would, by virtue of being part of the constitution, control over a statute.

(6) Section 1, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, includes a list of the purposes of the district under Section 59, Article XVI, Texas Constitution. The revised law omits the list of purposes because it duplicates in substance a portion of Section 59(a), Article XVI, Texas Constitution, which provides for the purposes of conservation and reclamation districts created under that section. The omitted law reads:

Sec. 1. … [the creation … of such District being essential to the accomplishment of the purposes of Section 59 of Article XVI of the Constitution of this State] … including the control, storing, preservation, and distribution of the storm and floodwaters, and the waters of the rivers and streams in the District and their tributaries, for domestic, municipal, flood control, irrigation, and other useful purposes, the reclamation and drainage of the overflow land within the District, the conservation of forests, and to aid in the protection of navigation on the navigable waters by regulating the flood and storm waters that flow into said navigable streams.

(7) The revised law adds a reference to the district as a "municipal utility district" because the district was converted to a municipal utility district on October 26, 1982, by order of the Texas Water Commission. See Sections 54.030-54.036, Water Code. Under both that order and Section 54.034, Water Code, the district now operates under Chapter 54, Water Code. In addition, that order expressly states that the district retains "certain provisions of Chapter 95, Acts of the 56th Legislature, Regular Session, 1959 under which the District has been operating." Throughout this chapter, therefore, the provisions that were explicitly retained have been revised in accordance with the order, and other provisions from the act have been revised to reflect the district's conversion.

Revised Law

Sec. 8246.003. DISTRICT TERRITORY. The district is composed of the territory described by Section 1, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, as that territory may have been modified under:

(1) Subchapter H, Chapter 54, Water Code;

(2) Subchapter J, Chapter 49, Water Code; or

(3) other law. (New.)

Revisor's Note

The revision of the law governing the district does not revise the statutory language describing the territory of the district to avoid the lengthy recitation of the description and because that description may not be accurate on the effective date of the revision or at the time of a later reading. For the reader's convenience, the revised law includes references to the statutory description of the district's territory and to the authority to change the district's territory under Subchapter H, Chapter 54, Water Code, applicable to municipal utility districts, and under Subchapter J, Chapter 49, Water Code, applicable to the district under Sections 49.001 and 49.002 of that chapter. The revised law also includes a reference to the general authority of the legislature to enact a law to change the district's territory.

[Sections 8246.004-8246.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Revised Law

Sec. 8246.051. COMPOSITION OF BOARD. The board is composed of five elected directors who serve staggered terms. (New.)

Revisor's Note

(1) Section 4, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides that "[t]he District's power shall be exercised through" the board of directors. The revised law omits the provision because it duplicates, in substance, provisions of Sections 49.051 and 49.057, Water Code. Throughout this chapter, the revised law omits law that is superseded by Chapter 49, Water Code, or that duplicates law contained in that chapter. Chapter 49 applies to the district under Sections 49.001 and 49.002 of that chapter. The omitted law reads:

Sec. 4. The District's power shall be exercised through a [Board of Directors] … .

(2) Section 4, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to a board of seven directors with two ex officio directors and five directors appointed by the governor, the terms of those directors, and the method for filling a vacancy in the position of an appointed director. Section 5, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, prescribes the qualifications for serving as an appointed director. The revised law omits those provisions because in 1982, when the district was converted to a municipal utility district operating under Chapter 54, Water Code (see Revisor's Note (7) to Section 8246.002), Section 54.036, Water Code, the general law applicable to the board of directors of a district that had converted to a municipal utility district, provided that board members holding office on the date of the conversion would serve only until the uniform election date following conversion of the district, "at which time five directors shall be elected to serve for such period of time and in the same manner as provided in Section 54.029 of this code for directors first elected for a district." See Section 1, Chapter 367, Acts of the 67th Legislature, Regular Session, 1981, amending Section 54.036, Water Code. Section 54.029, Water Code, was one of the sections repealed by Chapter 715, Acts of the 74th Legislature, Regular Session, 1995, and replaced with similar provisions in Chapter 49, Water Code, controlling the election and terms of directors. Section 49.103, Water Code, provides that director elections shall be held on the uniform election date in May of even-numbered years and that elected directors serve terms of four years. Vacancies in the position of an elected director are governed by Section 49.105, Water Code. Qualifications for the position of a municipal utility district director are governed by Section 54.102, Water Code.

Finally, Section 4, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides that each director appointed by the governor serves until the director's successor is appointed and has qualified. The revised law omits that provision because it duplicates Section 17, Article XVI, Texas Constitution, which provides that an officer in this state is to continue to perform the officer's duties until the successor has qualified.

As a convenience to the reader, the revised law provides that the board is composed of five elected directors, which is the number of directors required for a municipal utility district under Section 54.101, Water Code, and preserves the staggered terms established for appointed directors under Section 4, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959. The omitted law reads:

Sec. 4. [The District's power shall be exercised through a Board of Directors, hereinafter referred to as the Board.] The County Judge of Lavaca County and the Mayor of the City of Hallettsville in Lavaca County shall be ex-officio members of the Board. Five (5) other Directors shall be appointed by the Governor of Texas for terms of two (2) years, with three (3) Directors' terms expiring on February 1 of each even-numbered year and two (2) Directors' terms expiring on February 1 of each odd-numbered year. Each Director named by the Governor shall serve until his successor shall have been appointed and shall have qualified. All vacancies in office of Directors named by the Governor shall be filled by him to serve out the unexpired terms of their predecessors.

Sec. 5. To be qualified for appointment to the Board of Directors a person must be a qualified property tax-paying voter in the District, and not be a member of the governing body of the City of Hallettsville nor an officer of Lavaca County nor an employee of either… .

Revised Law

Sec. 8246.052. DIRECTOR'S BOND; 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 treasurer of the district shall give bond in the amount of $2,500 for the faithful performance of the treasurer's duties. (Acts 56th Leg., R.S., Ch. 95, Sec. 5 (part).)

Source Law

Sec. 5. … Each appointed Director shall … give bond for the faithful performance of his duties in the amount of One Thousand Dollars ($1,000). The Treasurer of the District shall give bond for the faithful performance of his duties in the amount of Two Thousand Five Hundred Dollars ($2,500).

Revisor's Note

Section 5, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to the performance bond required of each "appointed" director. The revised law omits "appointed" because, following the conversion to a municipal utility district, the district is governed by a board of elected directors. (See Revisor's Note (2) to Section 8246.051.)

Revised Law

Sec. 8246.053. OFFICIAL ACTIONS; QUORUM. (a) The board shall perform official actions by resolution.

(b) Two-thirds of the board constitutes a quorum for the transaction of any business of the district.

(c) A majority vote of those present is sufficient in any official action, including final passage and enactment of a resolution. (Acts 56th Leg., R.S., Ch. 95, Sec. 6(a) (part).)

Source Law

Sec. 6. (a) The Board of Directors shall perform official actions by resolution and two-thirds (2/3) of their number shall constitute a quorum for the transaction of any and all business of the District. A majority vote of those present shall be sufficient in all official actions including final passage and enactment of all resolutions; … .

Revisor's Note

Section 6(a), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, requires a two-thirds vote of the board to approve the site of a dam to be constructed by the district within two years after the effective date of the act. The revised law omits the provision as executed. The omitted law reads:

(a) … provided, however, that the site or location of any dam to be constructed by the District within two (2) years after this Act becomes a Law shall be approved by a two-thirds (2/3) vote of the Board of Directors of this Authority.

Revised Law

Sec. 8246.054. 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 must mail notice of the meeting to the address each director filed with the secretary. A director may waive in writing notices of special meetings. (Acts 56th Leg., R.S., Ch. 95, Sec. 6(b) (part).)

Source Law

(b) The Board of Directors shall hold regular meetings at least once every three months, the date thereof to be established in the District's bylaws or by resolution. The President or any three members may call such special meetings as may be necessary in the administration of the District's business, provided that at least five (5) days prior to the meeting date the Secretary shall have mailed notice thereof to the address which each member shall file with the Secretary. Notices of special meetings may be waived in writing by any Director… .

Revised Law

Sec. 8246.055. BOARD COMPENSATION FOR ATTENDING MEETINGS. Unless the board by resolution increases the fee to an amount authorized by Section 49.060, Water Code:

(1) each director is entitled to receive a fee of $20 for attending each board meeting; and

(2) a director may not be paid more than $40 for meetings held in one calendar month. (Acts 56th Leg., R.S., Ch. 95, Sec. 6(b) (part); New.)

Source Law

(b) … Each Director shall receive a fee of Twenty Dollars ($20.00) for attending each meeting of the Board, provided that not more than Forty Dollars ($40.00) shall be paid to any Director for meetings held in any one calendar month.

Revisor's Note

Section 6(b), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides for a director's fee for attending board meetings. Section 49.060, Water Code, enacted in 1995 and applicable by its own terms to the district, authorizes higher fees for each day the director spends performing the duties of a director, which presumably include attendance at board meetings. Section 49.060(e), however, provides that if the amount of the fee set by Section 49.060 would result in a fee increase, the increase does not apply to a district unless the district's board by resolution adopts a higher fee. The revised law is drafted accordingly.

Revised Law

Sec. 8246.056. OFFICERS. (a) The president shall perform those functions that are customarily incident to the office of president.

(b) The vice president shall act as president in case of the inability, absence, or failure of the president to act.

(c) The secretary may be a director or an individual who is not a director. (Acts 56th Leg., R.S., Ch. 95, Sec. 6(c) (part).)

Source Law

(c) The President of the District … shall perform all other functions which customarily are incident to his office. A Vice-President … shall act as President in case of the inability, absence or failure of the President to so act. A Secretary [shall be elected by the Board] with the Board having discretion as to whether such officer shall be chosen from among the members of the Board… .

Revisor's Note

Section 6(c), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides for the election of a board president, vice president, and secretary and provides that the president is the chief executive officer of the district and presides over all board meetings. Section 6(c) also provides that the secretary's duties include the proper keeping of the district's books and records. The revised law omits those provisions because they duplicate in substance Section 49.054, Water Code. The omitted law reads:

(c) [The President of the District] shall be elected by the Board of Directors from among its members, and shall be the chief executive officer of the District. He shall preside at the meetings of the Board and … . [A Vice-President] shall be elected by the Board from among its members, and … . [A Secretary] shall be elected by the Board … . The Secretary shall be charged with the duty of seeing that all books and records of the District are properly kept.

Revisor's Note

(End of Subchapter)

Section 5, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides that each director must subscribe to the constitutional oath of office. The revised law omits that provision because Section 1, Article XVI, Texas Constitution, requires all officers in this state to take the oath (or affirmation) before assuming office. The omitted law reads:

Sec. 5. … [Each appointed Director shall] subscribe to the Constitutional oath of office for appointed officers and … .

[Sections 8246.057-8246.100 reserved for expansion]

SUBCHAPTER C. GENERAL POWERS AND DUTIES

Revised Law

Sec. 8246.101. MUNICIPAL UTILITY DISTRICT POWERS; GENERAL POWERS. (a) The district has and may exercise the powers, functions, duties, and privileges provided by general law applicable to a municipal utility district, including those conferred by Chapters 49 and 54, Water Code.

(b) The district may exercise the rights, privileges, and functions provided by this chapter. (Acts 56th Leg., R.S., Ch. 95, Sec. 1 (part); New.)

Source Law

Sec. 1. … Such district [shall be a governmental agency] … with the authority to exercise the rights, privileges, and functions hereinafter specified, … .

Revisor's Note

Because the district converted to a municipal utility district, Chapter 54, Water Code, applies to the district under Section 54.034 of that code. See Revisor's Note (7) to Section 8246.002. For the reader's convenience, the revised law adds a reference to Chapter 49, Water Code, because Chapter 715, Acts of the 74th Legislature, Regular Session, 1995, repealed many provisions of Chapter 54 and enacted similar provisions in Chapter 49, Water Code. The revised law therefore includes a reference to the general powers, functions, duties, and privileges of a municipal utility district operating under Chapters 49 and 54, Water Code, as provided by Section 54.034, Water Code, to reflect the law applicable to the district.

Revised Law

Sec. 8246.102. EMINENT DOMAIN. The district may exercise the power of eminent domain inside district boundaries to acquire property of any kind, or an interest in property, necessary or convenient for the district to exercise a right, power, privilege, or function conferred on the district by this chapter. (Acts 56th Leg., R.S., Ch. 95, Sec. 8 (part).)

Source Law

Sec. 8. The District shall have the right and power of eminent domain for the purpose of acquiring by condemnation any and all property of any kind, real, personal, or mixed, or any interest therein, within the boundaries of the District, necessary or convenient to the exercise of the rights, powers, privileges, and functions conferred upon it by this Act… .

Revisor's Note

(1) Section 8, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides that the district "shall have the right and power of eminent domain for the purpose of acquiring [property] by condemnation." The revised law substitutes "may exercise the power of eminent domain . . . to acquire property" for the quoted language because the phrases have the same meaning and the revised phrase is consistent with modern usage in law relating to eminent domain.

(2) Section 8, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to "real, personal, or mixed" property. The revised law omits the quoted language because under Section 311.005(4), Government Code (Code Construction Act), "property" includes real and personal and, by extension, mixed property.

(3) Section 8, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to Title 52, Revised Civil Statutes of Texas, 1925, as one of two methods the district may use to exercise the power of eminent domain. That statute was codified as Chapter 21, Property Code. The alternate method is described as the method provided for water control and improvement districts under "Section 126 of Chapter 25, Acts 1925, 39th Legislature, Regular Session, as amended (codified as Vernon's Texas Civil Statutes, Article 7880-126)." The eminent domain powers granted to a water control and improvement district were codified as Subchapter F, Chapter 51, Water Code, and later repealed and replaced by similar provisions in Chapter 49, Water Code. The revised law omits the references to the two methods because they duplicate, in substance, Section 49.222, Water Code.

Section 8 also duplicates Section 49.222 by stating that in a condemnation proceeding the district is not required to give bond for appeal or costs, and the revised law omits that reference accordingly. The omitted law reads:

Sec. 8. … This power may be exercised, within the discretion of the Board, either in the manner provided for by counties in Title 52 of the Revised Civil Statutes of Texas, 1925, or in the manner provided for by Water Control and Improvement Districts, being Section 126 of Chapter 25, Acts 1925, 39th Legislature, Regular Session, as amended (codified as Vernon's Texas Civil Statutes, Article 7880-126).

In condemnation proceedings being prosecuted by the District it shall not be required to give bond for appeal or bond for costs.

Revised Law

Sec. 8246.103. 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. (Acts 56th Leg., R.S., Ch. 95, Sec. 13.)

Source Law

Sec. 13. The District may enter into contracts, and issue warrants payable from current funds, under the applicable provisions of Sections 1 through 6, both inclusive, and Section 11a, of Chapter 163, Acts of the 42nd Legislature, Regular Session, 1931, as amended (codified as Vernon's Texas Civil Statutes, Article 2368a), relating to cities of less than five thousand (5,000) population, and where not in conflict with this Act.

Revisor's Note

(1) Section 13, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to "Sections 1 through 6 … and Section 11a, of Chapter 163, Acts of the 42nd Legislature, Regular Session, 1931, as amended (codified as Vernon's Texas Civil Statutes, Article 2368a)." Those provisions were codified as Chapter 252, Local Government Code, and the revised law is drafted accordingly.

Throughout this chapter, the revised law also omits "as amended" and similar language because, under Section 311.027, Government Code (Code Construction Act), a reference to a statute applies to all reenactments, revisions, or amendments of that statute, unless expressly provided otherwise.

(2) Section 13, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to "cities." Throughout this chapter, the revised law substitutes "municipality" for "cities" or for "city or town" because the meaning of "municipality" includes both cities and towns and "municipality" is the term used in the Local Government Code.

[Sections 8246.104-8246.150 reserved for expansion]

SUBCHAPTER D. FLOOD CONTROL

Revised Law

Sec. 8246.151. 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 Lavaca 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, land, a right or interest in land, or 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 concurrence 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 concurrence 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 county 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 Lavaca County;

(16) cooperate or contract with an agency or political subdivision of this state, including a municipality in Lavaca 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 Lavaca 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 8246.152. (Acts 56th Leg., R.S., Ch. 95, Sec. 2 (part).)

Source Law

Sec. 2. In addition to the powers given to the Commissioners Court by General Laws and in addition to the general powers herein given, it shall be authorized in connection with the Lavaca County Flood Control District to exercise the following added rights, powers, privileges, and functions:

a. To acquire land and rights and interest therein and any other character of property needed to carry on the work of flood control, by gift, devise, purchase, or condemnation;

b. To sell, trade, or otherwise dispose of land or other property or rights therein when the same are no longer needed for the project or flood control purposes;

c. To appoint a Flood Control Manager and such agents and employees of the county for flood control purposes as may be necessary, including an engineer and counsel, and to prescribe their duties and fix their bonds and compensations;

d. To authorize its officers, employees, or agents to go upon any lands lying within the District for the purpose of making surveys and examining the same in connection with Flood Control Plans and Projects, and for any other lawful purpose within the scope of its authority;

e. To devise plans and construct works to lessen and control floods; to reclaim lands in the District; to prevent the deposit of silt in navigable streams; to remove obstructions, natural or artificial, from streams and water courses; to regulate the flow of surface and floodwaters; and to provide drainage where essential to the Flood Control Project;

f. To exercise all powers, rights, privileges, and functions conferred by General Law upon Flood Control Districts created pursuant to Section 59 of Article XVI of the Constitution of Texas, as amended, so far as the same may be applicable to Lavaca County and essential to the Flood Control Project;

g. To co-operate with and contract with the United States of America or with any of its agencies now existing, or which may be created hereafter, for grants, loans, or advancements to carry out any of the powers or to further any of the purposes set forth in this Act and to receive and use said moneys for such purposes; or to contribute to the United States of America or any of its agencies in connection with any project undertaken by it affecting or relating to flood control in Lavaca County;

h. To co-operate with, or to contract with, any agency or political subdivision of the state, or any city or town within Lavaca County in relation to surveys, the acquisition of land or right-of-ways, the construction or maintenance of projects or parts thereof or the financing of the same in connection with any matter within the scope of this Act; and to contract with such agencies for the assessing and collecting of taxes on behalf of, and for the benefit of the District;

i. To make use of the bed and banks of the bayous, rivers, and streams lying within the District; subject however, to the concurrence of the State Board of Water Engineers;

j. To overflow or inundate any public lands and public property, and to require the relocation of roads and highways, in the manner and to the extent permitted to any district organized under General Laws, pursuant to Section 59 of Article XVI of the Constitution of this state, as amended, subject however, to the concurrence of the state agency having jurisdiction over such lands or property, or the State Highway Commission, as the case may be;

…

l. To sue and be sued in any proper case under the laws of this state; and all courts shall take judicial notice of this Act;

m. To do any and all other acts or things necessary or proper to carry into effect the foregoing powers.

Revisor's Note

(1) Section 2, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, authorizes the district to exercise certain powers "[i]n addition to the powers given to the Commissioners Court by General Laws and in addition to the general powers herein given." The revised law omits the quoted language because the substance of Chapter 95 and of the general laws applies according to the terms of each of those laws and because the absence of the phrase does not imply that the district has no additional powers.

(2) Section 2(d), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides for the entry onto district land for any "lawful purpose within the scope of its authority." The revised law substitutes "authorized purpose" for the quoted language because, as a general principle of law, a district's scope of authority may only include purposes that are lawful, and "authorized purpose" is more concise.

(3) Section 2(g), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to the United States of America or "any of its agencies now existing, or which may be created hereafter." Throughout this chapter, the revised law omits the references to agencies of the United States because this reference simply describes every type of federal agency and, under Section 311.005, Government Code (Code Construction Act), "United States" includes a department, bureau, or other agency of the United States of America.

(4) Section 2(h), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to the district's authority for "assessing and collecting" taxes. Throughout this chapter, the revised law substitutes "impose" (or "imposition") for "assess," "collect," or "levy" because "impose" is the term generally used in Title 1, Tax Code, and includes the assessment, collection, or levy of a tax.

(5) Section 2(i), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to the "State Board of Water Engineers." The revised law substitutes "Texas Commission on Environmental Quality" for "State Board of Water Engineers" to reflect the current name of the agency with the relevant regulatory authority.

(6) Section 2(j), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to the "State Highway Commission." Throughout this chapter, the revised law substitutes "Texas Transportation Commission" for "State Highway Commission" to reflect the current name of the agency with the relevant regulatory authority.

(7) Section 2(l), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides the authority to sue and be sued "in any proper case" under the laws of this state. The revised law omits the quoted language because a suit or "case" may be brought only in a court, and the general laws of civil jurisdiction and the courts determine which suits are "proper."

(8) Section 2(l), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides that "all courts shall take judicial notice of this Act." The revised law omits the quoted language.

If the quoted language directs the courts to take judicial notice of the creation of the district, it duplicates, in substance, Section 49.066(a), Water Code, which provides that "[a]ll courts shall take judicial notice of the creation of the district and of its boundaries."

If the quoted language directs the courts to take judicial notice of the law enacted by the act, it is unnecessary because each person, including a member of the judiciary, is presumed to know the law. E. H. Stafford Mfg. Co. v. Wichita School Supply Co., 23 S.W.2d 695 (Tex. 1930) (holding that manufacturer's reliance on counsel's mistaken construction of statute does not provide sufficient good cause to defeat an application to affirm judgment for the school supply company). See also City of Houston v. Garrett, 816 S.W.2d 800 (Tex. App.--Houston, 1991) Rehearing denied (holding that delay in filing a workers' compensation claim is not excused by ignorance of the statutory deadline). The role of a court of this state is to know and apply the law in its jurisdiction; judicial notice is not required for laws enacted by the legislature of this state.

Revised Law

Sec. 8246.152. 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 concurrence of the Texas Transportation Commission if the project requires the relocation or bridging of a state highway. (Acts 56th Leg., R.S., Ch. 95, Sec. 2 (part).)

Source Law

Sec. 2. …

…

k. The District shall have a right-of-way and easement over and across the roads and highways of the state and its subdivisions for the construction and maintenance of the flood control projects of the District, subject however, to the concurrence of the State Highway Commission whenever such projects require the relocation or bridging of State highways;

…

Revised Law

Sec. 8246.153. MAINTENANCE OF FEDERAL FLOOD CONTROL PROJECTS. The district is entitled to maintain a flood control project constructed in Lavaca 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. (Acts 56th Leg., R.S., Ch. 95, Sec. 2a.)

Source Law

Sec. 2a. The District shall have the right to maintain any flood control project constructed in Lavaca County by the United States Government or any of its agencies, if such project extends into the District in whole or in part, or lies within 5 miles of the boundaries of the District and, in the opinion of the Board of Directors of the District, is for the protection of property within the District.

[Sections 8246.154-8246.200 reserved for expansion]

SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS

Revised Law

Sec. 8246.201. PETITION AND ELECTION AUTHORIZING AD VALOREM TAX; TAX LIMIT. (a) The board may impose on all taxable property in the district an annual tax at a rate not to exceed 15 cents on the $100 valuation.

(b) Before an election is held on the ad valorem tax proposition, a petition for the tax must be presented to the board. The petition must be signed by 10 percent of the registered voters who own taxable property in the district.

(1) the specific tax rate to be voted on or that the rate may not exceed the limit under Subsection (a); and

(2) one or more of the purposes authorized by this chapter for which the tax money may be spent.

(d) The total amount of all taxes imposed by the district for all purposes may not exceed 15 cents on the $100 valuation. (Acts 56th Leg., R.S., Ch. 95, Secs. 9(a), (b), 11.)

Source Law

Sec. 9. (a) The Board of Directors of the District may levy and cause to be collected an annual tax upon all taxable property in the District, not to exceed fifteen cents (15¢) on the One Hundred ($100.00) Dollars valuation, subject to the following provisions:

(b) Before an election is held to determine the proposition of the levy of such tax a petition therefor, signed by ten percent (10%) of the qualified electors who own taxable property in the District and who have duly rendered the same for taxation as shown by the records of the Tax Assessor-Collector of Lavaca County, Texas shall be presented to the Board. The petition, election order and notice of election shall state the specific rate of tax to be voted on or that the rate shall not exceed the limit herein authorized, and one or more of the purposes authorized by this Act for which the tax moneys may be expended.

Sec. 11. The total of all taxes levied by the District for all purposes shall never exceed fifteen cents (15¢) on the One Hundred ($100.00) Dollars valuation.

Revisor's Note

(1) Section 9(a), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to a "tax upon all taxable property in the District." The revised law specifies that the tax is an "ad valorem" tax because that is the terminology used in Title 1, Tax Code, to refer to taxes on property.

(2) Section 9(b), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to "qualified electors" of the district. The revised law substitutes "registered voters" for "qualified electors" because "voter" is the term used in the Election Code, and, in the context of eligibility to sign a petition, Section 277.0021, Election Code, provides that "qualified voter" means a "registered voter."

(3) Section 9(b), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, states that property owners who sign a tax petition must "have duly rendered the same [property] for taxation as shown by the records of the Tax Assessor-Collector of Lavaca County, Texas." The revised law omits the quoted language because, in context, "property" means "real property," and the Property Tax Code (Title 1, Tax Code) does not require an owner of real property to render the property for ad valorem taxation.

(4) Section 9(c), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, states that the election must be held within 30 days from the date the petition is presented to the board. The revised law omits the provision as superseded by Section 3.005, Election Code, applicable to the district under Section 1.002, Election Code. Section 3.005, as amended by Chapter 925, Acts of the 78th Legislature, Regular Session, 2003, requires an election order issued by the authority of a political subdivision to be issued not later than the 62nd day before the election day and provides that Section 3.005 supersedes a law outside the Election Code to the extent of any conflict. The omitted law reads:

(c) Election on the propositions contained in the petition shall be held within thirty (30) days from the date of presentation of the petition to the Board… .

Revised Law

Sec. 8246.202. NOTICE FOR AND MANNER OF HOLDING AD VALOREM TAX ELECTION. (a) Notice of an election under Section 8246.201 must be published once each week for two weeks in a newspaper that is published in Lavaca County and has general circulation in the district.

(b) The date of the first publication of notice must be not less than 20 days and not more than 30 days before the date of the election.

(c) The presiding judge for each voting place shall appoint the necessary judges and clerks to assist the presiding judge in holding the election. (Acts 56th Leg., R.S., Ch. 95, Sec. 3(a) (part).)

Source Law

Sec. 3. (a) …

Notice of said election shall be published in a newspaper published in Lavaca County and of general circulation in the District once each week for two (2) weeks, the first of such publications being not more than thirty (30) days nor less than twenty (20) days immediately prior to the date of the election. [The Board of Directors shall appoint a presiding judge] for each of the voting places and each of the presiding judges shall appoint the necessary judges and clerks to assist him in holding the election.

…

Revisor's Note

(1) Section 3(a), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides that the board shall appoint the presiding judge for each voting place. The revised law omits that provision because it duplicates Section 32.005, Election Code, which applies to the district under Section 32.011, Election Code. The omitted law reads:

(a) …

… The Board of Directors shall appoint a presiding judge [for each of the voting places] … .

(2) Section 9(c), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides that the district shall provide notice of and hold an ad valorem tax election as provided for elections for the confirmation of the district under Section 3 of that chapter. The revised law omits the part of Section 9(c) from Chapter 95 that refers to the election provisions under Section 3 of that chapter because the notice and manner of holding the election is revised in this section and it is not necessary to provide a cross-reference to it. The omitted law reads:

(c) … Notice and manner of holding the election shall be governed by the same provisions as those for holding elections for confirmation of the District, provided in Section 3 of this Act.

Revised Law

Sec. 8246.203. TAX LAWS APPLICABLE. The laws of this state relating to the imposition of ad valorem taxes and collection of delinquent taxes by a water control and improvement district apply to the district. (Acts 56th Leg., R.S., Ch. 95, Sec. 12.)

Source Law

Sec. 12. All laws of the State of Texas relating to the levy, assessment and collection of ad valorem taxes and delinquent taxes by Water Control and Improvement Districts shall be applicable to the District.

[Sections 8246.204-8246.250 reserved for expansion]

SUBCHAPTER F. BONDS

Revised Law

Sec. 8246.251. PETITION FOR BOND ELECTION. (a) A petition requesting an election on the proposition of the issuance of bonds for any purpose authorized in this chapter may be presented to the board.

(b) The petition must be signed by at least 50 registered, property tax paying voters residing in the district.

(1) the amount of bonds to be voted on;

(2) the general nature of the work to be done;

(3) the necessity for and feasibility of the work;

(4) the estimated cost; and

(5) the operating costs. (Acts 56th Leg., R.S., Ch. 95, Sec. 14.)

Source Law

Sec. 14. A petition requesting election on the proposition of the issuance of bonds for any purpose authorized in this Act may be presented to the Board. It shall be signed by not less than fifty (50) qualified property taxpaying voters residing in the District who have duly rendered their property for taxation. The petition shall state the amount of bonds to be voted on, the general nature of the work to be done, the necessity therefor, the feasibility thereof, the estimated cost and the operating costs.

Revisor's Note

(1) Section 14, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to "qualified" voters. The revised law substitutes "registered" for "qualified" for the reason stated in Revisor's Note (2) to Section 8246.201.

(2) Section 14, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides that a bond petition must be signed by property tax paying voters "who have duly rendered their property for taxation." The revised law omits the quoted language for the reason stated in Revisor's Note (3) to Section 8246.201.

Revised Law

Sec. 8246.252. DATE AND NOTICE OF PETITION HEARING. (a) The board shall set a date for a public hearing on the petition that is not more than 30 days after the date the petition is filed with the board.

(b) Notice of the hearing must be published once a week for two consecutive weeks in a newspaper of general circulation in the district. The first publication of notice must be not less than 20 days before the date of the hearing.

(c) The secretary shall post or cause to be posted for at least 15 days before the date of the hearing a copy of the notice at the courthouse door of Lavaca County and at three other public places in the district that will give reasonable notice throughout the district. (Acts 56th Leg., R.S., Ch. 95, Sec. 15.)

Source Law

Sec. 15. The Board shall set a date for public hearing on the petition, which shall be not more than thirty (30) days from date the petition is filed with it. Notice of such hearing shall be given by publication once a week for two (2) consecutive weeks in a newspaper of general circulation in the District, the first of which notices shall not be less than twenty (20) days before the hearing. In addition, the Secretary of the District shall post or cause to be posted for at least fifteen (15) days prior to the date of hearing a copy of such notice at the courthouse door of Lavaca County and at three (3) other public places in the District which will give reasonable notice throughout the District.

Revised Law

Sec. 8246.253. HEARING AND DETERMINATION ON PETITION. (a) The board shall consider and determine all matters brought before the board at the hearing.

(b) If the board determines that the proposed improvements are feasible and practicable and a benefit to the public, the board shall grant the petition and order the requested election. If the board refuses the petition, the board's reasons must be stated in the minutes of the board. The board's decision is final. (Acts 56th Leg., R.S., Ch. 95, Sec. 16.)

Source Law

Sec. 16. The Board shall consider and determine all matters brought before it upon the hearing. Should it determine that the proposed improvements are feasible and practicable, and a benefit to the public it shall grant the petition and order the election requested. Should the Board refuse the petition its reasons shall be stated upon its minutes. Decision of the Board in either event shall be final.

Revised Law

Sec. 8246.254. ELECTION FOR, ISSUANCE OF, AND SALE OF BONDS. (a) Except as provided by this section, the election for, issuance of, and sale of district bonds are governed by the provisions of Chapters 1201, 1207, 1251, and 1431, Government Code, that pertain to the election for, issuance of, and sale of bonds by counties.

(b) As determined by the board, district bonds mature serially not later than 30 years after the date of their issuance.

(d) Notice of a proposed sale must be published in a financial publication of general circulation in this state once a week for two consecutive weeks. The date of the first publication must be at least 15 days before the date of the proposed sale.

(e) District bonds must be signed by the president and attested by the secretary. (Acts 56th Leg., R.S., Ch. 95, Sec. 17.)

Source Law

Sec. 17. (a) All provisions of Chapter 1 of Title 22, Revised Civil Statutes of Texas, 1925, as they now exist and as they may be hereafter amended, pertaining to the election for, issuance and sale of bonds by counties shall govern in the election for, issuance and sale of bonds of the District, except as in this Section further provided.

(b) The bonds shall mature serially in such number of years as may be determined by the Board not to exceed thirty (30) years.

(d) Notice of any proposed sale shall be given by a notice published once a week for two (2) consecutive weeks, the first publication being at least fifteen (15) days prior to day of sale, in some financial publication of general circulation in Texas.

(e) All bonds shall be signed by the President of the Board of Directors of the District, attested by the Secretary of the Board, and with the seal of the District impressed thereon.

Revisor's Note

(1) Section 17, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, refers to the "provisions of Chapter 1 of Title 22, Revised Civil Statutes of Texas, 1925, as they now exist and as they may be hereafter amended, pertaining to the election for, issuance and sale of bonds by counties." Those provisions are revised in Chapters 1201, 1207, 1251, and 1431, Government Code. The revised law is drafted accordingly.

(2) Section 17(e), Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provides that district bonds must be issued "with the seal of the District impressed thereon." The revised law omits the quoted language because that requirement was impliedly repealed by Section 3, Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil Statutes) (revised in pertinent part in 1999 as Section 1201.026(a), Government Code), which provides that bonds may be signed with or without a seal.

Revisor's Note

(End of Chapter)

(1) Sections 3, 7, 10(a), 19, and 20, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provide for the confirmation of the district, the district's succession to certain properties and contracts of two former districts, the authorization of a tax at the district's confirmation election, the validation of a former district, and the repeal of prior conflicting laws. The revised law omits the provisions as executed. The omitted law reads:

Sec. 3. (a) It is provided, however, that the District shall not exercise any of the power or authority conferred by this Act unless and until its establishment is confirmed at an election held throughout the District. The Board of Directors of the District shall order the election at which there shall be submitted the question of whether or not the establishment of the District shall be confirmed.

…

If a majority of the votes cast at the election is in favor of confirmation, the Board of Directors shall so declare, and thereafter the District shall have all the powers and authority conferred by this Act.

(b) If a majority of the votes cast at the election is against confirmation, then the Board shall, upon presentation to it within thirty (30) days from the date of the first election of a petition signed by at least twenty percent (20%) of the qualified electors in the District as shown by the last approved tax rolls of Lavaca County, call a second election for confirmation of the District. This election shall be held not later than forty (40) days from the day the petition is presented to the Board. It shall be conducted in all respects as the first election for confirmation of the District.

If a majority of the votes cast at the second election is in favor of confirmation, the Board of Directors shall so declare, and thereafter the District shall have all the powers and authority conferred by this Act.

Sec. 7. Lavaca County Flood Control District Number 3, shall succeed to all properties and contracts, excluding moneys on hand, of its two predecessors, which were the Lavaca County Flood Control District created by Chapter 361, Acts of the 47th Legislature, 1941, Regular Session, and the Lavaca County Flood Control District created by Chapter 183, Acts of the 50th Legislature, 1947, Regular Session (this latter Act codified as Article 8280-128 of Vernon's Texas Civil Statutes), insofar as such properties and contracts apply to the area included within Lavaca County Flood Control District Number 3.

Sec. 10. (a) The Board of Directors may, at the same time it submits the question of whether or not the establishment of the District shall be confirmed, also submit a separate proposition as to whether there may be levied a tax for one or more of the purposes authorized by this Act for which tax money of the District may be expended. The election order and notice of election shall state the specific rate of tax to be levied or that the rate shall not exceed fifteen cents (15¢) on the One Hundred ($100.00) Dollars valuation.

Sec. 19. The Lavaca County Flood Control District heretofore created by Chapter 183, Acts of the 50th Legislature, Regular Session, 1947, is in all things validated, and any and all acts heretofore performed or done by the District or in relation to the District or in connection with the District are in all things validated.

Sec. 20. All laws and parts of laws in conflict with this Act are repealed; and there is expressly repealed Chapter 361, Acts of the 47th Legislature, 1941, Regular Session, and Chapter 183, Acts of the 50th Legislature, 1947, Regular Session.

(2) Sections 10(b) and 18, Chapter 95, Acts of the 56th Legislature, Regular Session, 1959, provide for the severability of provisions of Chapter 95. The revised law omits those provisions because they duplicate Section 311.032, Government Code (Code Construction Act), which states that a provision of a statute is severable from each other provision of the statute that can be given effect. The omitted law reads:

[Sec. 10]

(b) The provisions of this Section 10 and of Section 9 of this Act are distinct, cumulative and severable, each of the other.

Sec. 18. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.


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