CHAPTER 9501. SEAWALL COMMISSION IN MATAGORDA COUNTY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE K. SEAWALL COMMISSIONS

CHAPTER 9501. SEAWALL COMMISSION IN MATAGORDA COUNTY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9501.001. DEFINITIONS. In this chapter:

(1) "Commission" means a seawall commission established under

Section 9501.002.

(2) "Commissioners court" means the Commissioners Court of

Matagorda County.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.002. AUTHORITY TO ESTABLISH COMMISSION. (a) The

commissioners court and the governing body of a municipality in

Matagorda County by resolution may establish a seawall commission

to perform the functions described by Section 571.002, Local

Government Code.

(b) A resolution authorized by Subsection (a) must specify the

date on which the commission is established.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 3.77(24), eff. April 1, 2009.

Sec. 9501.003. JURISDICTION. (a) Except as provided by

Subsection (b), the commission has jurisdiction only in county

commissioners precinct number three in Matagorda County, as that

precinct existed on December 31, 1959.

(b) The commission does not have jurisdiction in the

municipality of Bay City.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.004. LAWSUITS. The commission may sue and be sued in

a court in this state.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER B. COMMISSION

Sec. 9501.051. COMMISSION; TERMS. The commission is composed of

three members appointed for staggered terms of six years, with

one member's term expiring every two years.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.052. APPOINTMENT OF MEMBERS; VACANCY. (a) The

members of the commission shall be appointed as follows:

(1) one member by the commissioners court;

(2) one member by the governing body of the municipality; and

(3) one member by the commissioners court and the governing body

of the municipality, acting jointly.

(b) On expiration of a member's term of office, the office shall

be filled by the authority that originally appointed the member.

(c) If a vacancy occurs during the term, it shall be filled for

the remainder of the term by the original appointing authority.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.053. ELIGIBILITY FOR APPOINTMENT. To be eligible for

appointment as a member of the commission, a person must own real

property in and be a qualified voter of the area in which the

commission has jurisdiction.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.054. OATH. (a) Before assuming the duties of office,

each member must:

(1) take the constitutional oath of office and swear in writing

before the county judge that the member will faithfully and

impartially discharge the duties of the office; and

(2) on the request of the commissioners court or the governing

body of the municipality, give an account of the member's

activities.

(b) The clerk of the county court shall file and maintain the

oath of office as part of the records of the commission.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.055. BOND. Each member of the commission shall

execute a bond in the amount of $1,000 that is:

(1) payable to the county judge for the benefit of the

commission; and

(2) conditioned on the faithful performance of the member's

official duties.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.056. PRESIDING OFFICER. (a) The members of the

commission shall annually elect one member as presiding officer.

(b) The presiding officer shall:

(1) preside over commission meetings; and

(2) sign each contract, warrant, or other instrument made or

issued by the commission.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.057. COMPENSATION; CERTIFIED REPORT. (a) The

commissioners court and the governing body of the municipality by

order or resolution shall set the compensation of members of the

commission. The amount of compensation for each member may not

exceed $50 for each day that the member attends an official

meeting of the commission. The total amount of compensation for

each member each month may not exceed $300.

(b) Each member shall submit to the county auditor for each pay

period a certified report that describes in detail each time the

member attended an official meeting of the commission. The report

must be submitted on a date prescribed by the commissioners court

and the governing body of the municipality.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.058. REMOVAL FROM OFFICE. The commissioners court and

the governing body of the municipality, by a majority vote in a

joint session, may remove a member of the commission from office

only for malfeasance.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.059. TREASURER. The county treasurer of Matagorda

County shall serve as treasurer of the commission.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.060. AUDITOR. The county auditor for Matagorda County

is the auditor for the commission.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.061. EMPLOYMENT OF ATTORNEY. The commission may

employ an attorney for legal services required by the commission.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9501.101. COMMISSION POWERS. The commission may exercise

the authority granted to a county or municipality under Section

571.002, 571.003, 571.004, or 571.005 or Section 571.011(a) or

(b), Local Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 3.77(25), eff. April 1, 2009.

Sec. 9501.102. AUTHORITY TO CONTRACT. The commission may enter

into a contract relating to the performance of any function

described by Section 571.002, Local Government Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 3.77(26), eff. April 1, 2009.

Sec. 9501.103. PURCHASING AND CONTRACTING. The commission, in

the performance of functions under this chapter, has the same

powers granted to a county under Subchapter C, Chapter 262, and

Chapter 271, Local Government Code, and is subject to the same

requirements imposed on a county under those provisions.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.104. ANNUAL REPORT REQUIRED. The commission shall

annually submit a report to the commissioners court and the

governing body of the municipality. The report must:

(1) describe the commission's financial condition and operations

during the preceding year;

(2) propose a budget for the following year; and

(3) describe generally the work proposed for the following year.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.105. CONDEMNATION PROCEEDINGS. (a) A condemnation

proceeding brought by the commission must be brought in the name

of the commission and under the direction of the commission.

(b) An appeal from a finding and assessment of damages as

provided by Chapter 21, Property Code, does not suspend work of

the commission.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER D. FINANCIAL PROVISIONS

Sec. 9501.151. AD VALOREM TAX. (a) The commission may impose

an ad valorem tax on real property within the commission's

jurisdiction.

(b) The commission shall determine the tax rate, which may not

exceed 10 cents for each $100 valuation of property.

(c) Revenue from the tax may be used only to pay for functions

of the commission.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.152. ASSESSMENT AND COLLECTION OF TAXES. The county

tax assessor and collector shall assess and collect taxes imposed

by the commission in the manner provided by law for the

assessment and collection of county taxes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9501.153. DISBURSEMENT OF FUNDS. The commission may

disburse funds set aside by the commissioners court and the

governing body of the municipality for the performance of the

commission's functions.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.