CHAPTER 8246. LAVACA COUNTY FLOOD CONTROL DISTRICT NO. 3
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.