CHAPTER 8246. LAVACA COUNTY FLOOD CONTROL DISTRICT NO. 3 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8246. LAVACA COUNTY FLOOD CONTROL DISTRICT NO. 3

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER B. BOARD OF DIRECTORS

Text of section effective on April 01, 2011

Sec. 8246.051. COMPOSITION OF BOARD. The board is composed of

five elected directors who serve staggered terms.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER C. GENERAL POWERS AND DUTIES

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER D. FLOOD CONTROL

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS

Text of section effective on April 01, 2011

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.

(c) The petition, election order, and notice of the election

must state:

(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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER F. BONDS

Text of section effective on April 01, 2011

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.

(c) The petition must state:

(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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

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.

(c) District bonds may be sold only by sealed competitive bids

to the highest bidder.

(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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.