81C426(1) SMH

 

CHAPTER 6604.  FORT BEND COUNTY DRAINAGE DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 6604.001.  DEFINITIONS ...............................  2

Sec. 6604.002.  NATURE OF DISTRICT ........................  2

Sec. 6604.003.  DISTRICT TERRITORY ........................  4

[Sections 6604.004-6604.050 reserved for expansion]

SUBCHAPTER B.  DISTRICT ADMINISTRATION

Sec. 6604.051.  GOVERNING BODY ............................  6

Sec. 6604.052.  DUTIES OF COUNTY OFFICIALS IN

                  CONNECTION WITH DISTRICT; DISTRICT

                  OFFICERS, EMPLOYEES, AND AGENTS .........  6

[Sections 6604.053-6604.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 6604.101.  GENERAL POWERS ............................  8

Sec. 6604.102.  ACQUISITION OF PROPERTY; EMINENT DOMAIN ...  9

Sec. 6604.103.  DISPOSAL OR LEASE OF DISTRICT PROPERTY .... 10

Sec. 6604.104.  GENERAL RECLAMATION AND DRAINAGE POWERS ... 11

Sec. 6604.105.  ARRANGEMENTS WITH UNITED STATES ........... 12

Sec. 6604.106.  CONTRACTS AND COOPERATION WITH STATE

                  AND POLITICAL SUBDIVISIONS .............. 12

Sec. 6604.107.  CONSTRUCTION ON PUBLIC LAND ............... 13

[Sections 6604.108-6604.150 reserved for expansion]

SUBCHAPTER D.  TAXES

Sec. 6604.151.  AD VALOREM TAX FOR MAINTENANCE AND

                  OPERATIONS .............................. 15

Sec. 6604.152.  TAX ASSESSOR-COLLECTOR .................... 17

[Sections 6604.153-6604.200 reserved for expansion]

SUBCHAPTER E.  BONDS

Sec. 6604.201.  AUTHORITY TO ISSUE BONDS .................. 19

Sec. 6604.202.  LIMITATION ON DEBT ........................ 21

Sec. 6604.203.  FORM OF BONDS ............................. 22

Sec. 6604.204.  MATURITY .................................. 24

Sec. 6604.205.  ELECTION FOR BONDS PAYABLE FROM TAXES ..... 24

Sec. 6604.206.  ISSUANCE OF CERTAIN TIME WARRANTS

                  PROHIBITED .............................. 27

CHAPTER 6604.  FORT BEND COUNTY DRAINAGE DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 6604.001.  DEFINITIONS.  In this chapter:

(1)  "Commissioners court" means the Commissioners Court of Fort Bend County.

(2)  "District" means the Fort Bend County Drainage District.  (Acts 51st Leg., R.S., Ch. 303, Sec. 1 (part); New.)

Source Law

Sec. 1.  … a district to be known as "Fort Bend County Drainage District" (hereinafter called the "District") and … .

Revisor's Note

The definition of "commissioners court" is added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definition.

Revised Law

Sec. 6604.002.  NATURE OF DISTRICT.  (a)  The district is created under Section 59, Article XVI, Texas Constitution, for the reclamation and drainage of the district's overflowed lands and other lands needing drainage.

(b)  The creation of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 51st Leg., R.S., Ch. 303, Sec. 1 (part).)

Source Law

Sec. 1.  That, pursuant to authority conferred by Section 59 of Article XVI of the Constitution of Texas, there is hereby created within the State of Texas, in addition to the districts into which the State has heretofore been divided, a district to be known as "Fort Bend County Drainage District" … .

Said District is hereby created for the purpose of reclamation and drainage of its overflowed lands and other lands needing drainage.

Said District shall be a governmental agency and body politic and corporate, … 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 Texas.

Revisor's Note

(1)  Section 1, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, 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 this state or that the district is not in addition to other districts created in this state.

(2)  Section 1, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, refers to the district as "a governmental agency and body politic and corporate."  The revised law omits the references to "governmental agency" and "body politic and corporate" because they duplicate a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a district created under that section is a governmental agency and a body politic and corporate.

(3)  Section 1, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, states that the "creation and establishment" of the district are essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  The revised law omits "establishment" because "establishment" is included in the meaning of "creation."

Revised Law

Sec. 6604.003.  DISTRICT TERRITORY.  Unless the district territory has been modified under Subchapter J, Chapter 49, Water Code, or other law, the boundaries of the district are coextensive with the boundaries of Fort Bend County.  (Acts 51st Leg., R.S., Ch. 303, Sec. 1 (part); New.)

Source Law

Sec. 1.  … [district] … shall include therein all of the territory situated within Fort Bend County, Texas, the boundaries of said District to be co-terminous with the boundaries of said county.

…

Revisor's Note

(1)  Section 1, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the district includes "all of the territory situated within Fort Bend County" and that the boundaries of the district are "co-terminous with the boundaries" of the county.  The revised law substitutes "coextensive" for "co-terminous" because, in context, "co-terminous" and "coextensive" are synonymous and "coextensive" is more commonly used.  The revised law also omits the statement that the district includes all of the territory situated in the county because it is redundant of the statement that the boundaries of the district are coextensive with the boundaries of the county.

(2)  For the reader's convenience, the revised law includes a reference to the authority to change the district's territory 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 other laws to change the district's territory.

Revisor's Note

(End of Subchapter)

Section 2, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides procedures for holding an election to confirm the creation of the district.  That section also provides that if the creation of the district is confirmed at an election, all other drainage districts in Fort Bend County are abolished and their property is transferred to and their functions, duties, and obligations are assumed by the district.  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides procedures for holding a bond election at a confirmation election.  Because the creation of the district was approved at the confirmation election, the revised law omits the relevant provisions as executed.  The omitted law reads:

Sec. 2.  … Within thirty (30) days after this Act becomes effective, said Court shall call an election for the purpose of submitting to a vote of the duly qualified resident electors of the District who are qualified to vote in bond elections the question of whether or not the creation of the District shall be confirmed.  The cost of such an election shall be paid by Fort Bend County out of the county general fund.  If a majority of the qualified voters voting at such election vote against confirmation of the District, the District hereby created shall be abolished and this Act shall be of no further force or effect.  If a majority vote in favor of the confirmation, said District shall be permanently created.  In such case, all other drainage districts situated in Fort Bend County shall be abolished and the order of the Commissioners Court declaring the result of such election shall, in such case, recite that all such districts are abolished.  Title and possession of all property and assets of the abolished districts shall thereupon pass to and be vested in the District hereby created and said District shall assume all functions, duties and obligations of the abolished districts.

Sec. 4.  (A) … If the proposition of issuing bonds is submitted at the confirmation election, the form of ballot at such first election shall be substantially as follows: "For the confirmation of the District, the issuance of bonds and the levy of taxes in payment thereof," and the contrary of such proposition. …

[Sections 6604.004-6604.050 reserved for expansion]

SUBCHAPTER B.  DISTRICT ADMINISTRATION

Revised Law

Sec. 6604.051.  GOVERNING BODY.  (a)  The commissioners court is the governing body of the district and the agency through which the management and control of the district is administered.

(b)  The commissioners court may perform any act necessary to carry out the purposes of this chapter.  (Acts 51st Leg., R.S., Ch. 303, Sec. 2 (part).)

Source Law

Sec. 2.  The Commissioners Court of Fort Bend County, Texas, is hereby designated as the governing body of such District and the agency through which the management and control of said District shall be administered; and said Court is hereby empowered to do any and all things necessary to carry out the aims and purposes of this Act. …

Revisor's Note

Section 2, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, refers to the "aims and purposes" of that chapter.  The revised law omits "aims" because "aims" is included in the meaning of "purposes."

Revised Law

Sec. 6604.052.  DUTIES OF COUNTY OFFICIALS IN CONNECTION WITH DISTRICT; DISTRICT OFFICERS, EMPLOYEES, AND AGENTS.  (a)  The county judge, county commissioners, county tax assessor-collector, county treasurer, and county depository of Fort Bend County shall perform all duties in connection with the district that are required by law in connection with official matters for Fort Bend County.

(b)  The county auditor of Fort Bend County is the auditor for the district.

(c)  The commissioners court may employ a general manager for the district and any other agents, attorneys, engineers, and employees considered necessary in connection with the purposes of this chapter.  All compensation for a person employed under this subsection may be payable from funds created under this chapter for the maintenance and operation of the district.

(d)  The commissioners court shall require the county tax assessor-collector, the county treasurer, and any other officers and employees, as designated by the commissioners court, to post bonds that are:

(1)  payable to the district in amounts determined by the commissioners court; and

(2)  conditioned on:

(A)  the faithful performance of their duties; and

(B)  paying over and accounting for all money and other things of value that belong to the district and come into their possession.

(e)  A bond required under Subsection (d) must be executed by a surety company authorized to do business in this state and is subject to the approval of the commissioners court.  The district shall pay the premiums on the bond.  (Acts 51st Leg., R.S., Ch. 303, Sec. 3(B).)

Source Law

(B)  The County Judge, County Commissioners, the Assessor and Collector of Taxes, the County Treasurer, and the county depository of Fort Bend County are authorized to, and shall be required to, perform all duties in connection with the District required of them by law in connection with official matters for Fort Bend County, and the County Auditor of said county shall be the Auditor for the Fort Bend County Drainage District.  Said Court may employ a General Manager for said District and such other agents, attorneys, engineers and employees as may be considered necessary in connection with the purposes of this Act, and all compensation for such persons may be payable from funds herein created for the maintenance and operation of the District.

The governing body shall require the County Tax Assessor-Collector, the County Treasurer, and such other officers and employees as the governing body shall designate, to make official bonds payable to the District in such amounts as the governing body shall determine, conditioned upon the faithful performance of their duties and paying over and accounting for all money and other things of value belonging to the District coming into their possession.  Such bonds shall be executed by a surety company authorized to do business in Texas and shall be subject to the approval of the governing body and the premiums thereon shall be paid by the District.

Revisor's Note

Section 3(B), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, requires or authorizes requiring certain officers and employees to make "official bonds."  The revised law omits the designation of the bonds as "official" because that designation is unnecessary and does not add to the clear meaning of the law in this context.

[Sections 6604.053-6604.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 6604.101.  GENERAL POWERS.  (a)  The district has the powers of government and the authority to exercise the rights, privileges, and functions provided by this chapter.

(b)  The district may perform any act necessary or proper to carry out a district purpose.  (Acts 51st Leg., R.S., Ch. 303, Secs. 1 (part), 3(A) (part).)

Source Law

Sec. 1.  … Said District [shall be a governmental agency and body politic and corporate,] with the powers of government and with the authority to exercise the rights, privileges and functions hereinafter specified, … .

Sec. 3.  (A)  In addition to the general powers herein granted, said Fort Bend County Drainage District shall be authorized to exercise the following powers, privileges and functions:

…

(8)  To do any and all other acts or things necessary or proper to carry into effect the purposes for which the District is organized.

Revisor's Note

Section 3(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, gives the district certain powers that are "[i]n addition to the general powers herein granted."  Throughout this chapter, the revised law omits the quoted language because the powers to which it refers are expressly set forth in other sections of this chapter and a general reference to them is unnecessary.

Revised Law

Sec. 6604.102.  ACQUISITION OF PROPERTY; EMINENT DOMAIN.  (a)  The district:

(1)  by gift, devise, purchase, lease, or exercise of the power of eminent domain, may acquire inside the district an easement, right-of-way, or other property needed to carry on the work of the district; and

(2)  by exercise of the power of eminent domain or otherwise, may acquire outside the district an easement or right-of-way.

(b)  Before the district acquires by exercise of the power of eminent domain an easement or right-of-way outside the district, the acquisition must be unanimously approved by the entire commissioners court of the county in which the easement or right-of-way is located.

(c)  The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code.  (Acts 51st Leg., R.S., Ch. 303, Sec. 3(A) (part).)

Source Law

Sec. 3.  (A)  In addition to the general powers herein granted, said Fort Bend County Drainage District shall be authorized to exercise the following powers, privileges and functions:

(1)  To acquire within the District easements, right-of-ways, and any other character of property needed to carry on the work of the District by way of gift, devise, purchase, leasehold or condemnation; and to acquire without the District easements and right-of-ways by condemnation or otherwise; provided, however, such acquisition of easements or right-of-ways acquired without the District by way of condemnation shall be first unanimously approved by the entire Commissioners Court of the County wherein such easements and right-of-ways sought to be condemned, may be situated.  The right of eminent domain is hereby expressly conferred on said District and the procedure with reference to condemnation, the assessment of and estimating of damages, payment, appeal, the entering upon the property pending appeal and all other procedure prescribed in Title 52, of the Revised Civil Statutes of Texas, 1925, as heretofore or hereafter amended, shall apply to said District.

…

Revisor's Note

(1)  Section 3(A)(1), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the district may acquire certain property "by . . . condemnation" and that "[t]he right of eminent domain is hereby expressly conferred on said District."  The revised law substitutes for the quoted language a statement that the district may acquire certain property "by . . . exercise of the power of eminent domain" because the provisions have the same meaning and the reference to the exercise of the power of eminent domain is consistent with modern usage in laws relating to eminent domain.

(2)  Section 3(A)(1), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that certain procedures prescribed by "Title 52, of the Revised Civil Statutes of Texas, 1925, as heretofore or hereafter amended," apply to the district.  That statute was codified in 1983 as Chapter 21, Property Code.  The revised law is drafted accordingly.  The revised law omits the reference to "as heretofore or hereafter amended" 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.

Revised Law

Sec. 6604.103.  DISPOSAL OR LEASE OF DISTRICT PROPERTY.  (a)  The district may dispose of property or a property right that is not needed for a district purpose.

(b)  The district may lease property or a property right for a purpose that does not interfere with the district's use of the property.  (Acts 51st Leg., R.S., Ch. 303, Sec. 3(A) (part).)

Source Law

Sec. 3.  (A)  In addition to the general powers herein granted, said Fort Bend County Drainage District shall be authorized to exercise the following powers, privileges and functions:

…

(2)  To dispose of property or rights therein when the same are no longer needed for the purposes for which the District was created or to lease same for purposes which will not interfere with the use of such property by the District.

…

Revised Law

Sec. 6604.104.  GENERAL RECLAMATION AND DRAINAGE POWERS.  The district may:

(1)  devise plans and construct works to reclaim land in the district;

(2)  provide drainage facilities for reclamation and drainage of the overflowed land and other land in the district that needs drainage;

(3)  acquire or construct outside the district properties or facilities that in the judgment of the commissioners court are necessary to facilitate drainage and reclamation of land in the district;

(4)  remove natural or artificial obstructions from streams or watercourses; and

(5)  clean, straighten, widen, or maintain streams, watercourses, or drainage ditches.  (Acts 51st Leg., R.S., Ch. 303, Sec. 3(A) (part).)

Source Law

Sec. 3.  (A)  In addition to the general powers herein granted, said Fort Bend County Drainage District shall be authorized to exercise the following powers, privileges and functions:

…

(3)  To devise plans and construct works to reclaim lands in the District; to provide drainage facilities for the reclamation and drainage of the overflowed lands and other lands within the District needing drainage; to acquire or construct properties and facilities beyond the boundaries of the District where in the judgment of the governing body such properties or facilities are necessary to facilitate the drainage and reclamation of lands within the District; and to remove obstructions, natural or artificial, from streams and water courses, and to clean, straighten, widen and maintain streams, water courses and drainage ditches.

…

Revised Law

Sec. 6604.105.  ARRANGEMENTS WITH UNITED STATES.  (a)  The district may cooperate with, contract with, or receive a grant, loan, or advancement from the United States to exercise a district power or to further a district purpose.

(b)  The district may contribute to the United States in connection with any project that is undertaken by the United States and affects or relates to a district purpose.  (Acts 51st Leg., R.S., Ch. 303, Sec. 3(A) (part).)

Source Law

Sec. 3.  (A)  In addition to the general powers herein granted, said Fort Bend County Drainage District shall be authorized to exercise the following powers, privileges and functions:

…

(4)  To cooperate with and contract with the United States of America or with any of its departments or agencies now existing, or which may be created hereafter, to carry out any of the powers or to further any of the purposes set forth in this Act, and, for such purposes, to receive grants, loans or advancements therefrom; or to contribute to the United States of America or any of its departments or agencies in connection with any project undertaken by it affecting or relating to any of the purposes for which the District is organized.

…

Revisor's Note

Section 3(A)(4), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, refers to the United States of America or "any of its departments or agencies now existing, or which may be created hereafter."  The revised law omits the quoted language because under Section 311.005(9), Government Code (Code Construction Act), "United States" includes a department, bureau, or other agency of the United States of America.

Revised Law

Sec. 6604.106.  CONTRACTS AND COOPERATION WITH STATE AND POLITICAL SUBDIVISIONS.  The district may cooperate and contract with this state or a political subdivision of this state to carry out a district purpose.  (Acts 51st Leg., R.S., Ch. 303, Sec. 3(A) (part).)

Source Law

Sec. 3.  (A)  In addition to the general powers herein granted, said Fort Bend County Drainage District shall be authorized to exercise the following powers, privileges and functions:

…

(5)  To cooperate and contract with any department or agency of the State of Texas, or any political subdivision thereof, or any municipal corporation to carry out any purpose for which the District is organized.

…

Revisor's Note

(1)  Section 3(A)(5), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, refers to a "department or agency" of this state.  The revised law omits the quoted language because the meaning of "department or agency" of this state is included in the meaning of "this state."

(2)  Section 3(A)(5), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, refers to "any political subdivision [of this state], or any municipal corporation."  The revised law omits "municipal corporation" because "municipal corporation" is included in the meaning of "political subdivision."

Revised Law

Sec. 6604.107.  CONSTRUCTION ON PUBLIC LAND.  (a)  The district may construct works, ditches, canals, or other improvements over, across, or along:

(1)  a public stream, road, or highway; or

(2)  land belonging to this state.

(b)  A plan for an improvement under Subsection (a) on a state highway is subject to the approval of the Texas Department of Transportation.

(c)  A plan for an improvement under Subsection (a) on Texas Department of Criminal Justice land is subject to the approval of the Texas Board of Criminal Justice.  (Acts 51st Leg., R.S., Ch. 303, Sec. 3(A) (part).)

Source Law

Sec. 3.  (A)  In addition to the general powers herein granted, said Fort Bend County Drainage District shall be authorized to exercise the following powers, privileges and functions:

…

(7)  To construct works, ditches, canals and other improvements over, across and along any public streams, roads, highways, or any lands belonging to the State of Texas, provided that the plans for such improvement on state highways shall be subject to the approval of the State Highway Department and on Prison System lands, shall be subject to the approval of the Texas Prison Board.

…

Revisor's Note

(1)  Section 3(A)(7), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, refers to the "State Highway Department."  The name of the State Highway Department was changed to the State Department of Highways and Public Transportation by Section 3, Chapter 678, Acts of the 64th Legislature, Regular Session, 1975.  The name of the State Department of Highways and Public Transportation was changed to the Texas Department of Transportation by Section 1.01, Chapter 7, Acts of the 72nd Legislature, 1st Called Session, 1991.  The revised law is drafted accordingly.

(2)  Section 3(A)(7), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, refers to "Prison System lands" and to the "Texas Prison Board."  In 1957, the name of the Texas Prison System was changed to the Texas Department of Corrections and the name of the Texas Prison Board was changed to the Texas Board of Corrections by Section 1, Chapter 146, Acts of the 55th Legislature, Regular Session.  In 1989, the Texas Department of Corrections and the Texas Board of Corrections were abolished by Chapter 785, Acts of the 71st Legislature, Regular Session.  The Texas Department of Criminal Justice became the state agency with primary responsibility for the development of a state prison system, and the Texas Board of Criminal Justice became the governing body of the department.  The revised law is drafted accordingly.

Revisor's Note

(End of Subchapter)

Section 3(A)(6), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the district may sue and be sued in the name of the district and requires courts to take judicial notice of the establishment of the district.  The revised law omits that provision because it duplicates, in substance, part of Section 49.066, Water Code, which applies to the district under Sections 49.001 and 49.002 of that code.  The omitted law reads:

Sec. 3.  (A)  [In addition to the general powers herein granted, said Fort Bend County Drainage District shall be authorized to exercise the following powers, privileges and functions:]

…

(6)  To sue and be sued in the name of the District and all courts shall take judicial notice of the establishment of the District.

[Sections 6604.108-6604.150 reserved for expansion]

SUBCHAPTER D.  TAXES

Revised Law

Sec. 6604.151.  AD VALOREM TAX FOR MAINTENANCE AND OPERATIONS.  (a)  The commissioners court may impose a tax at a rate not to exceed 25 cents on each $100 valuation of taxable property in the district to pay the cost of maintaining district property and operating the district.

(b)  The commissioners court may not impose the tax until the tax is authorized at an election:

(1)  called for that purpose by the commissioners court in the manner provided by Section 6604.205; and

(2)  at which a majority of the voters voting at the election vote in favor of the imposition of the tax.  (Acts 51st Leg., R.S., Ch. 303, Sec. 5 (part).)

Source Law

Sec. 5.  In addition to the levy and collection of taxes to pay bonds, as heretofore provided, said Court may levy and cause to be collected a tax not exceeding Twenty-five Cents (25’) on each one hundred dollar valuation of taxable property within the District for the purpose of paying the cost of operating the District and maintaining its properties; provided, however, that no such tax shall be levied or assessed, until authorized at an election called for such purpose by said Court, in the manner provided by Section 4, hereof, at which a majority of the qualified electors, qualified to vote under the Constitution, voting at such election, vote in favor of the levy and collection of such tax. …

Revisor's Note

(1)  Section 5, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that "[i]n addition to the levy and collection of taxes to pay bonds, as heretofore provided," the commissioners court may impose a tax for maintenance and operations.  The revised law omits the quoted language because an accepted general principle of statutory construction requires that a statute be given cumulative effect with other statutes unless the statute provides otherwise or unless the statute conflicts with another statute.  That general principle applies to the revised law.

(2)  Section 5, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, authorizes the commissioners court to "levy and cause to be collected" a tax and provides that the tax may not be "levied or assessed" until authorized at an election.  Throughout this chapter, the revised law substitutes "impose" for "assess," "levy," "cause to be collected," and similar terms because "impose" is the term generally used in Title 1, Tax Code, and includes the assessment, levying, and collection of a tax.

(3)  Section 5, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, refers to a majority of the "qualified electors, qualified to vote under the Constitution."  The revised law omits "qualified" and "qualified to vote under the Constitution" as unnecessary in this context because Chapter 11, Election Code, governs eligibility to vote in this state and allows only "qualified" voters to vote in an election and because, as a general principle of law, Chapter 11 and all other statutes of this state may contain only provisions consistent with the constitution.  The revised law also substitutes "voters" for "electors" because the former is the term used in the Election Code.

Revised Law

Sec. 6604.152.  TAX ASSESSOR-COLLECTOR.  The county tax assessor-collector of Fort Bend County is the tax assessor-collector for the district.  (Acts 51st Leg., R.S., Ch. 303, Sec. 5 (part).)

Source Law

Sec. 5.  … the County Tax Assessor-Collector, of Fort Bend County, is hereby named and appointed Tax Assessor-Collector for said District; and … .

Revisor's Note

(End of Subchapter)

(1)  Section 5, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the assessed valuation of taxable property for district purposes shall be the same as that for state and county purposes.  The revised law omits the provision because it duplicates Section 18(b), Article VIII, Texas Constitution, and Section 6.01, Tax Code.  Section 18(b) requires the legislature by general law to provide for a single appraisal in each county of all property subject to ad valorem taxation by the county and all other taxing units located in the county.  Section 6.01 establishes an appraisal district to appraise property in each county and requires each taxing unit that imposes ad valorem taxes on property in the appraisal district to use that appraisal.  Section 6.01, Tax Code, applies to the district under Section 1.02, Tax Code.  The omitted law reads:

Sec. 5.  …  The assessed valuations of taxable property for District purposes shall be the same as that for State and County purposes; and … .

(2)  Section 5, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the Board of Equalization of Fort Bend County is the board of equalization for the district.  The revised law omits the references to a board of equalization because boards of equalization were abolished and their functions and duties transferred to appraisal review boards by the 1979 enactment of the Property Tax Code, Title 1, Tax Code (Section 1, Chapter 841, Acts of the 66th Legislature, Regular Session).  The omitted law reads:

Sec. 5.  … the Board of Equalization of Fort Bend County is hereby named, constituted and appointed the Board of Equalization for said District. …

(3)  Section 5, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the state laws relating to the assessment and collection of state and county taxes apply to the assessment and collection of taxes of the district except where they conflict with that chapter.  The revised law omits that provision as repealed by Chapter 841, Acts of the 66th Legislature, Regular Session, 1979, enacting Title 1, Tax Code, a comprehensive, substantive codification of the laws governing the administration of ad valorem taxes, and repealing all other general, local, and special laws in conflict with that act and as superseded by Section 1.02, Tax Code, which provides for the applicability of Title 1, Tax Code, to all taxing units in this state, including the district.  The omitted law reads:

Sec. 5.  … All laws of the State of Texas relating to the assessing and collecting of State and County taxes are by this Act made available for, and shall be applied to, the assessing of current taxes and to the collection of both current and delinquent taxes of said District, except where same are in conflict with the provisions of this Act. …

(4)  Section 5, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the county tax assessor-collector shall be paid a fee for the assessment and collection of district taxes.  The revised law omits that provision for the reason stated in Revisor's Note (3) to the end of this subchapter.  Section 6.27(b), Tax Code, provides for the compensation of a county tax assessor-collector assessing and collecting taxes for another taxing unit such as the district.  The omitted law reads:

Sec. 5.  … The County Tax Assessor-Collector shall be paid such sum, not to exceed two per cent (2%) of taxes collected for assessing and not to exceed two per cent (2%) for collecting, as may be prescribed by the Commissioners Court.

[Sections 6604.153-6604.200 reserved for expansion]

SUBCHAPTER E.  BONDS

Revised Law

Sec. 6604.201.  AUTHORITY TO ISSUE BONDS.  The commissioners court may:

(1)  issue district bonds to finance carrying out any power or purpose granted by this chapter to the district; and

(2)  provide for the payment of the interest on the bonds as it accrues and for a sinking fund for the redemption of the bonds as they mature by imposing a tax on all taxable property in the district, as shown by the most recent certified appraisal roll of the district, at a rate sufficient for that purpose.  (Acts 51st Leg., R.S., Ch. 303, Sec. 4(A) (part).)

Source Law

Sec. 4.  (A)  The Court shall be authorized, from time to time, in behalf of said Fort Bend County Drainage District, to issue the bonds of said District, within the limitations hereinafter stated, for the purpose of acquiring funds with which to accomplish and carry out any one or more of the powers and purposes herein granted to the District, and to provide for the payment of the interest on such bonds as it accrues and to create a sinking fund for the redemption of said bonds as they mature, by levying and causing to be collected a tax on all taxable property within the District, as shown by the then current approved County assessment rolls, sufficient for such purposes. …

Revisor's Note

(1)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, authorizes the commissioners court to issue district bonds "from time to time."  The revised law omits "from time to time" because the power to issue bonds implies the power to do so at any time.

(2)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, authorizes the commissioners court to issue district bonds "within the limitations hereinafter stated."  The revised law omits the quoted language because the limitations contained in that chapter apply to the issuance of district bonds on their own terms without an express reference to those limitations in this section.

(3)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, refers to the "approved County assessment rolls."  The revised law substitutes a reference to the "certified appraisal roll of the district" to conform to the terminology of Title 1, Tax Code, including Section 26.01 of that code, requiring the chief appraiser of an appraisal district to certify to the assessor for each taxing unit participating in the district an appraisal roll that lists the properties taxable by that taxing unit and the values of those properties.

(4)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, authorizes the district to issue additional bonds in the same manner as the initially issued bonds.  The revised law omits that provision because the power to issue bonds implies the power to do so at more than one time, and the provisions specifying the manner for issuing bonds impliedly apply to any issuance of district bonds.  The omitted law reads:

(A)  … Subject to the limitations contained in this Act, additional bonds may be issued, from time to time, in like manner, and under the same procedure. …

Revised Law

Sec. 6604.202.  LIMITATION ON DEBT.  The total principal amount of bonds issued under Section 6604.201 that the district may have outstanding at any time may not exceed five percent of the assessed value of all taxable property in the district as shown by the most recent appraisal roll of the district.  (Acts 51st Leg., R.S., Ch. 303, Sec. 4(A) (part).)

Source Law

(A)  … It is expressly provided, however, that the total principal amount of bonds issued by the District at any one time, together with all previously issued bonds then outstanding, shall never exceed a sum equal to five per cent (5%) of the assessed valuation of all taxable property within the District, as shown by the then current County assessment rolls. …

Revisor's Note

(1)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, refers to bonds that are "issued" and "outstanding."  The revised law omits the reference to "issued" as unnecessary because for a bond to be "outstanding" it must have been issued.

(2)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, refers to the "County assessment rolls."  The revised law refers to the "appraisal roll of the district" for the reason stated in Revisor's Note (3) to Section 6604.201.

Revised Law

Sec. 6604.203.  FORM OF BONDS.  (a)  A district bond issued under this chapter must be:

(1)  issued in the name of the district;

(2)  signed by the county judge of Fort Bend County; and

(3)  attested by the county clerk of Fort Bend County.

(b)  If the bond is issued with one or more interest coupons, the coupons must be signed by the county judge and the county clerk of Fort Bend County.  (Acts 51st Leg., R.S., Ch. 303, Sec. 4(B) (part).)

Source Law

(B)  All bonds issued under the provisions of this Act shall be issued in the name of the Fort Bend County Drainage District of Fort Bend County, Texas, and shall be signed by the County Judge, attested by the County Clerk, and the seal of the Commissioners Court of Fort Bend County shall be affixed to each of them.  Said bonds … shall bear interest at a rate not to exceed five per cent (5%) per annum to be evidenced by attached coupons which shall bear the facsimile signatures of the County Judge and of the County Clerk.

…

Revisor's Note

(1)  Section 4(B), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the seal of the commissioners court must be affixed to district bonds.  The revised law omits that provision because it was impliedly repealed by the enactment of Section 3, Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil Statutes) (revised in relevant part in 1999 as Section 1201.026(a), Government Code), which provides that bonds may be signed with or without a seal.  Section 1201.026(a), Government Code, applies to district bonds by application of Section 1201.002, Government Code.

(2)  Section 4(B), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that district bonds shall bear interest at a rate not to exceed five percent.  The revised law omits that provision because it is superseded by other law.  Section 4(B), enacted in 1949, was impliedly amended by the enactment of Chapter 3, Acts of the 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes), now Chapter 1204, Government Code.  Section 1204.006, Government Code, reflecting the 1981 amendment of Article 717k-2 by Section 1, Chapter 61, Acts of the 67th Legislature, Regular Session, permits a public agency to issue public securities at any net effective interest rate of 15 percent or less.  Section 1204.006, Government Code, applies to district bonds by application of Section 1204.001, Government Code.

(3)  Section 4(B), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the interest borne by district bonds is to be evidenced by attached coupons that bear the facsimile signatures of the county judge and county clerk of Fort Bend County.  The requirement that the bonds be issued with attached coupons is impliedly repealed by Section 3, Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil Statutes) (revised in relevant part in 1999 as Section 1201.021(3), Government Code), which provides that a bond may be issued with one or more interest coupons or without a coupon.  Accordingly, the revised law provides that "[i]f the bond is issued with one or more interest coupons," the coupons must be signed by those officials.  The revised law omits the requirement that the coupons bear "facsimile" signatures because it is impliedly repealed by Section 3, Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil Statutes) (revised in relevant part in 1999 as Section 1201.026(a), Government Code), which provides that bonds and interest coupons may be signed or otherwise executed with a manual or facsimile signature.  Sections 1201.021 and 1201.026(a), Government Code, apply to district bonds by application of Section 1201.002, Government Code.

Revised Law

Sec. 6604.204.  MATURITY.  District bonds issued under Section 6604.201 must mature not later than 30 years after their date of issuance.  (Acts 51st Leg., R.S., Ch. 303, Sec. 4(A) (part).)

Source Law

(A)  … Such bonds … shall mature serially or otherwise over a period of not to exceed thirty (30) years from their date or dates. …

Revisor's Note

Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that district bonds shall mature "serially or otherwise."  The revised law omits the quoted language because it duplicates Section 1201.022(a)(1), Government Code, applicable to district bonds by application of Section 1201.002, Government Code.

Revised Law

Sec. 6604.205.  ELECTION FOR BONDS PAYABLE FROM TAXES.  (a)  The commissioners court may not issue district bonds under Section 6604.201 until the issuance of the bonds and the imposition of taxes to pay the principal of and interest on the bonds are authorized by a majority of the voters voting at an election called for that purpose.

(b)  The proposition for the issuance of district bonds may be submitted at any time the commissioners court considers proper.

(c)  Chapter 1251, Government Code, applies to a district bond election except to the extent of any conflict with this chapter.

(d)  If a majority of the voters voting at a district bond election vote in favor of the issuance of bonds and the imposition of taxes, the commissioners court may:

(1)  issue, sell, and deliver the bonds;

(2)  receive, use, and apply the proceeds for district purposes; and

(3)  impose taxes on all property subject to taxation in the district.  (Acts 51st Leg., R.S., Ch. 303, Sec. 4(A) (part).)

Source Law

(A)  … No such bonds shall be issued until first authorized by a majority of the voters qualified to vote on bond issues under the Constitution of Texas voting at an election called for the purpose of determining whether or not such bonds shall be issued and whether or not taxes shall be levied to pay principal and interest thereon when due.  In the event a majority of the qualified voters voting at such election shall vote in favor of the issuance of bonds and the levy of taxes, the Court shall be authorized to issue, sell and deliver said Fort Bend County Drainage District Bonds and to receive, use and apply the proceeds for the aforesaid purposes of said District, and to levy and assess taxes upon all property subject to taxation in said District and to arrange for the collection of such taxes. … The proposition of the issuance of bonds may be submitted at the election called for confirmation of the creation of said District under Section 2, hereof, or at such later times as the Court shall deem proper. …  The provisions of Chapter 1 of Title 22, Revised Civil Statutes of Texas, as amended, shall apply to all bond elections in said District except where in conflict with this Act.

…

Revisor's Note

(1)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, refers to a majority of the voters "qualified to vote on bond issues under the Constitution of Texas" and to a majority of the "qualified voters" voting at an election.  The revised law omits the quoted language for the reason stated in Revisor's Note (3) to Section 6604.151.

(2)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the proposition for the issuance of district bonds may be submitted "at the election called for confirmation of the creation of said District under Section 2, hereof,"  or at any time the commissioners court considers proper.  Because the creation of the district was approved at the confirmation election, the revised law omits the quoted language as executed.

(3)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the levy of maintenance taxes may be submitted as a proposition at "such" election.  It is unclear whether the reference to "such" election means the confirmation election or any district bond election.  If the reference is to the confirmation election, the provision may be omitted as executed because the confirmation election has been held.  Regardless of whether the reference is specifically to the confirmation election, however, the provision may be omitted because it duplicates, in substance, Section 49.107(c), Water Code, which applies to the district under Sections 49.001 and 49.002 of that code.  The omitted law reads:

(A)  …  The levy of maintenance taxes may be submitted as a further proposition at such election… .

(4)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that "Chapter 1 of Title 22, Revised Civil Statutes of Texas, as amended," applies to a district bond election.  The election provisions of Chapter 1, Title 22, Revised Statutes, are revised as Chapter 1251, Government Code, and the revised law is drafted accordingly.  The revised law omits the reference to "as amended" for the reason stated in Revisor's Note (2) to Section 6604.102.

Revised Law

Sec. 6604.206.  ISSUANCE OF CERTAIN TIME WARRANTS PROHIBITED.  The district may not issue time warrants payable from taxes.  (Acts 51st Leg., R.S., Ch. 303, Sec. 4(A) (part).)

Source Law

(A)  … The District shall not be authorized to issue time warrants payable from taxes.

Revisor's Note

(End of Subchapter)

(1)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that district bonds may not be delivered to the purchasers until they have been approved by the attorney general and registered by the comptroller.  That section also provides that after approval, registration, and sale the bonds are valid and binding obligations of the district.  The revised law omits those provisions as superseded by Chapter 1202, Government Code (enacted as Article 3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session, 1987).  Section 1202.003, Government Code, provides for approval of the bonds by the attorney general and requires the attorney general to submit the approved bonds to the comptroller for registration.  Section 1202.005, Government Code, requires registration of the bonds by the comptroller.  Section 1202.006, Government Code, provides that after approval and registration the bonds are incontestable and binding obligations.  Chapter 1202, Government Code, applies to district bonds by application of Section 1202.001, Government Code.  The omitted law reads:

(A)  … Such bonds shall not be delivered to the purchasers until they have been approved as to legality by the Attorney General of Texas and registered by the Comptroller of Public Accounts of Texas. …

… after having been approved by the Attorney General and registered by the Comptroller of Public Accounts and sold … , such bonds shall be held in any suit or proceeding in which their validity may be questioned to be valid, binding obligations of such District, subject only to the defense of fraud, forgery or constitutional violation.  No suit shall be brought attacking the validity of such bonds, except upon the ground stated, after such bonds have been delivered and the proceeds of sale have been received by the District.

…

(2)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the cost of issuing, selling, and delivering district bonds may be paid out of the proceeds of sale of the bonds.  The revised law omits that provision because it duplicates, in substance, Section 49.155, Water Code, which applies to the district under Sections 49.001 and 49.002 of that code.  The omitted law reads:

(A)  … The cost of issuing, selling and delivering such bonds may be paid out of the proceeds of sale thereof.

…

(3)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that district bonds shall bear interest at a rate not to exceed five percent.  The revised law omits that provision for the reason stated in Revisor's Note (2) to Section 6604.203.  The omitted law reads:

(A)  … [Such bonds] shall bear interest at a rate not to exceed five per cent (5%) per annum and … .

(4)  Section 4(A), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that district bonds shall be sold for not less than par and accrued interest.  The revised law omits that provision because it is superseded by provisions of general law.  Section 1204.006(b), Government Code (enacted as Section 2, Chapter 3, Acts of the 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes)), provides that an issuer may sell public securities at any price.  Section 1204.006(b) applies to district bonds by application of Section 1204.001, Government Code.  Section 1201.022, Government Code, as amended in 2001, provides that an issuer may sell public securities "under the terms determined by the governing body of the issuer to be in the issuer's best interests."  Section 1201.022 applies to district bonds by application of Section 1201.002, Government Code.  The omitted law reads:

(A)  … They shall be sold for not less than par and accrued interest and, [after having been approved by the Attorney General and registered by the Comptroller of Public Accounts and sold] for not less than par and accrued interest[, such bonds shall be held in any suit or proceeding in which their validity may be questioned to be valid, binding obligations of such District] … .

(5)  Section 4(B), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that district bonds shall be issued in denominations of not less than $100 or more than $10,000, as determined in the order authorizing their issuance.  The revised law omits that provision because it is superseded by Section 1201.021(1), Government Code (enacted as Section 3, Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil Statutes)), which allows a public security to be issued in any denomination.  Section 1201.021, Government Code, applies to district bonds by application of Section 1201.002, Government Code.  The omitted law reads:

(B)  … [Said bonds] shall be issued in the denominations of not less than One Hundred Dollars ($100) nor more than Ten Thousand Dollars ($10,000), as determined in the order authorizing their issuance, and … .

(6)  Section 4(B), Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that payment of principal of and interest on district bonds may be made at the place or places determined by the commissioners court in the order authorizing the issuance of the bonds.  The revised law omits that provision because it is superseded by Section 1201.021(5)(C), Government Code (enacted as Section 3, Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil Statutes)), which provides that a public security may be payable at a specified place or places.  Section 1201.021 applies to district bonds by application of Section 1201.002, Government Code.  The omitted law reads:

(B)  … Payment of principal and interest may be made at such place or places as may be determined by the Commissioners Court in the order authorizing the issuance of such bonds.

Revisor's Note

(End of Chapter)

Section 6, Chapter 303, Acts of the 51st Legislature, Regular Session, 1949, provides that the provisions of the act are severable.  The revised law omits that provision because it duplicates Section 311.032, Government Code (Code Construction Act),  which provides 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. 6.  If any section, sentence, phrase or clause, or any part of this Act shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Act and it is hereby declared to be the intention of this Legislature to have passed each section, sentence, phrase, clause and part hereof irrespective of the fact that any other section, sentence, phrase, clause or part hereof may be declared invalid.