2005 Texas Local Government Code CHAPTER 411. WATER CONTROL BY COUNTIES

LOCAL GOVERNMENT CODE

SUBTITLE B. COUNTY WATER

CHAPTER 411. WATER CONTROL BY COUNTIES


	§ 411.001. FLOOD CONTROL PROPERTY;  CONDEMNATION.  (a) A 
county may acquire public or private real property, including 
easements and rights-of-way, for the purpose of building canals, 
drains, levees, and other improvements to provide for flood control 
and water outlets.  The county has the right of eminent domain to 
make an acquisition under this section.
	(b)  An appeal from a finding and assessment of damages by 
special commissioners in a condemnation case does not act to 
suspend the work for which the property is acquired.
	(c)  A county may, if the commissioners court of the county 
considers it necessary, obtain the fee title to the property that is 
the subject of the condemnation.  However, a county may not obtain 
through condemnation the fee title to property lawfully used or 
occupied by a public utility, railroad, canal, levee, or any other 
person devoting its property to a public use.  This prohibition does 
not prevent the county from condemning an easement or a 
right-of-way in favor of the county.
	(d)  If the commissioners court considers it necessary to 
condemn an easement on the property of a person that also has the 
power of eminent domain, the expense of acquisition, construction, 
and maintenance of the flood control or drainage project is the 
obligation of the county, flood control district, or drainage 
district, as the case may be.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 411.002. JOINT PROJECT.  (a) The commissioners court of 
a county may contract with a governmental unit, including a county, 
municipality, or other political subdivision, to jointly acquire a 
right-of-way or to jointly construct or maintain a canal, drain, 
levee, or other improvement for the purpose of providing flood 
control or drainage as it relates to flood control or for the 
purpose of providing and maintaining necessary outlets.
	(b)  The contract may contain any provisions that the 
governing bodies of the contracting entities consider necessary.
	(c)  The contracting entities may provide by contract, on 
mutually agreeable terms, that they shall jointly maintain the 
project or that one of them shall maintain the project under its 
exclusive direction and control while the other entity contributes 
to the expense of maintenance.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 411.003. PLANS AND PROGRAMS.  (a) The commissioners 
court of a county may contract with the federal soil conservation 
service, a state soil conservation district, the state extension 
service, a conservation and reclamation district, a drainage 
district, a water control and improvement district, a navigation 
district, a flood control district, a levee improvement district, 
or a municipality as provided by Section 256.006, Transportation 
Code, for the purpose of carrying out plans and programs for flood 
control and soil conservation.  The contract may provide that 
payments due under the contract are payable from and secured by a 
pledge of any revenue of the county or the county's ad valorem taxes 
or a combination of those revenues and taxes.
	(b)  The contract may divide or delegate among the 
contracting parties the responsibility and cost of carrying out the 
plans and programs and may be for a specified term of years or may 
terminate when the plans or programs have been accomplished.
	(c)  The contract may provide that, if the contracting 
agency, district, or municipality issues bonds payable from and 
secured by revenues derived from the contract, the contract will 
continue in effect until the bonds, or any refunding bonds issued in 
their place, are fully paid.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.228, eff. Sept. 1, 1997;  
Acts 2001, 77th Leg., ch. 1183, § 8, eff. Sept. 1, 2001.


	§ 411.004. SURVEY BY COUNTY WITH TAX VALUATION OF $290 
MILLION OR MORE.  In a county with a tax valuation of $290 million 
or more according to the most recently approved county tax roll, the 
commissioners court of the county may spend not more than $15,000 in 
any one year out of the general fund of the county to make a 
preliminary engineering survey relating to drainage, reclamation, 
conservation, levee improvement, or water control.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 411.005. COOPERATION WITH UNITED STATES.  (a) The 
commissioners court of a county that borders Mexico, or of a county 
adjacent to a county that borders Mexico, may, in consideration of 
the benefits of flood control work performed by the United States, 
by resolution agree to:
		(1)  indemnify and hold harmless the United States and 
its officers, agents, or employees for damage or a claim for damage 
asserted by any person if:
			(A)  the damage or claim arises from or is 
connected with the action of the United States or its officers, 
agents, or employees in entering, occupying, constructing on, or 
exercising a right in or to land located in the county;  and
			(B)  the action by the United States or its 
officers, agents, or employees is in connection with the 
construction, reconstruction, alteration, extension, improvement, 
maintenance, or operation of flood control works or works that are 
connected or incidental to flood control works;
		(2)  obtain any release or waiver of claims and provide 
evidence of the county's interest in land located in the county and 
needed for flood control works or works that are connected or 
incidental to flood control works, as required by the United 
States;  and
		(3)  acquire and without monetary compensation convey 
to the United States any interest in land located in the county and 
needed for flood control works, on request of the United States.
	(b)  The commissioners court, county attorney, and county 
engineer shall do all things useful and necessary to carry out the 
provisions of the agreement.
	(c)  If the agreement provides for the conveyance of an 
interest in land to the United States, the county judge may convey 
the interest by warranty deed on behalf of the county according to 
the terms of the agreement.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 411.006. GRANT OF SEAWALL RIGHT-OF-WAY.  (a) The 
commissioners court of a county by order may, if it considers it 
proper, donate and grant to the state or to a nonprofit eleemosynary 
institution incorporated under the laws of this state and operated 
for the benefit of the public any part of a seawall right-of-way 
acquired by the county.
	(b)  If the commissioners court determines that a seawall 
right-of-way should be donated, the county judge may convey the 
property in accordance with the order of the commissioners court.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 411.007. MASTER DRAINAGE PLAN FOR CERTAIN 
COUNTIES.  (a) This section applies only to a county that:
		(1)  has a population of 190,000 or more, is adjacent to 
a county with a population of 2,400,000 or more, and borders the 
Gulf of Mexico;  and
		(2)  operates a road department system under Subchapter 
D, Chapter 252, Transportation Code. 
	(b)  The commissioners court may require the county road 
engineer to prepare and coordinate a county master drainage plan.  
The commissioners court by order may adopt regulations to implement 
the county master drainage plan.

Added by Acts 1997, 75th Leg., ch. 989, § 1, eff. Sept. 1, 1997.           


	§ 411.008. BREAKWATERS IN CERTAIN COUNTIES.  (a) The 
commissioners court of a county that borders the Gulf of Mexico, 
other than Jefferson, Kenedy, Kleberg, Nueces, Orange, or Willacy 
County, may:
		(1)  construct breakwaters;                                                   
		(2)  issue bonds, time warrants, or certificates of 
indebtedness of the county to pay for the construction;  and
		(3)  impose ad valorem taxes to pay the bonds, 
warrants, or certificates.   
	(b)  The commissioners court shall:                                            
		(1)  issue any bonds and impose related taxes in 
compliance with Subtitles A and C, Title 9, Government Code;  or
		(2)  issue any time warrants in compliance with 
Subchapter C, Chapter 262, and impose related taxes in compliance 
with Chapter 1251, Government Code.
	(c)  A certificate of indebtedness must be authorized by 
order of the commissioners court.  A certificate of indebtedness 
must mature not later than 35 years after its date and must be 
signed by the county judge and attested by the county clerk.  The 
commissioners court shall impose a tax sufficient to pay the 
principal of and interest on the certificate as they become due.
	(d)  A county that maintains a permanent improvement fund 
shall pay the debt incurred under this section from that fund.

Added by Acts 1999, 76th Leg., ch. 227, § 14, eff. Sept. 1, 1999.  
Amended by Acts 1999, 76th Leg., ch. 1064, § 41, eff. Sept. 1, 
1999.


	§ 411.009. REFERENDUM ON FLOOD CONTROL TAX AND PROJECTS 
FUNDED.  (a) The commissioners court of a county may order a 
referendum on the question of whether:
		(1)  flood control taxes should be increased;                                 
		(2)  flood control taxes should be decreased;  or                             
		(3)  an existing or proposed flood control project 
should receive funding.  
	(b)  The ballot for a referendum under this section shall be 
printed to permit voting for or against one or more of the following 
propositions:
		(1)  "Whether the flood control tax imposed under 
Section 1-a, Article VIII, Texas Constitution, should be increased 
by (state amount of increase as a percentage or as a specific 
amount)";
		(2)  "Whether the flood control tax imposed under 
Section 1-a, Article VIII, Texas Constitution, should be decreased 
by (state amount of decrease as a percentage or as a specific 
amount)";  or
		(3)  "Whether the following flood control projects 
should receive funds generated by the flood control tax imposed 
under Section 1-a, Article VIII, Texas Constitution (list any flood 
control projects designated by the commissioners court as available 
for funding)."
	(c)  If a majority of votes cast in the referendum approve an 
increase in the flood control tax, the flood control tax is 
increased.  If a majority of votes cast in the referendum approve a 
decrease in the flood control tax, the flood control tax is 
decreased.  A flood control project for which a majority of the 
votes cast at the referendum do not approve funding may not receive 
funds from revenue generated by the flood control tax.

Added by Acts 2001, 77th Leg., ch. 273, § 1, eff. May 22, 2001.