CHAPTER 9501. SEAWALL COMMISSION IN MATAGORDA COUNTY
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.