SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE A. DRAINAGE DISTRICTS

CHAPTER 6602. BRAZORIA COUNTY DRAINAGE DISTRICT NUMBER FIVE

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 6602.001.  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 Brazoria County Drainage District Number Five.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.05, eff. April 1, 2009.

Sec. 6602.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district under Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.05, eff. April 1, 2009.

Sec. 6602.003.  LEGISLATIVE FINDINGS.  The legislature finds that:
(1)  providing the district with the powers authorized by Section 59, Article XVI, Texas Constitution, benefits the citizens and property in the district;
(2)  all property in the district benefits;
(3)  all property the district benefits is included in the district; and
(4)  the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.05, eff. April 1, 2009.

Sec. 6602.004.  DISTRICT TERRITORY.  The district is composed of the territory described by Section 1, Chapter 36, Acts of the 41st Legislature, 1st Called Session, 1929, as that territory may have been modified under:
(1)  Subchapter I, Chapter 56, Water Code, before September 1, 1995;
(2)  Subchapter J, Chapter 56, Water Code;
(3)  Subchapter J, Chapter 49, Water Code; or
(4)  other law.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.05, eff. April 1, 2009.

SUBCHAPTER B.  DISTRICT BOARD OF DIRECTORS

Sec. 6602.051.  BOARD OF DIRECTORS.  (a)  The board consists of three directors.
(b)  The board has all the powers conferred on a board of directors under Chapter 56, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.05, eff. April 1, 2009.

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 6602.101.  GENERAL POWERS AND DUTIES.  The district has the rights, powers, privileges, and duties of a drainage district created under Section 59, Article XVI, Texas Constitution, including the right to:
(1)  impose taxes; and
(2)  issue bonds.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.05, eff. April 1, 2009.

SUBCHAPTER D.  FINANCIAL PROVISIONS

Sec. 6602.151.  DEPOSITING REVENUE.  (a)  Tax collections, after deductions of discounts and fees for collecting taxes, shall be deposited in the depository of the district.  The collections may be withdrawn as directed by the board.
(b)  All other district income shall be deposited in the district depository.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.05, eff. April 1, 2009.

Sec. 6602.152.  RESPONSIBILITY FOR DISTRICT MONEY.  (a)  The board is responsible for all money the district receives.
(b)  The county judge does not have a duty to countersign any warrants or checks.  The county treasurer and the county auditor do not have a duty to perform any services for the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.05, eff. April 1, 2009.

SUBCHAPTER E.  TAXES

Sec. 6602.201.  IMPOSITION OF TAXES.  Not later than October 1 of each year, for the benefit of the district, the board shall:
(1)  impose a tax on all property subject to taxation in the district to:
(A)  meet the requirements of district bonds; and
(B)  provide for district maintenance and operating expenses; and
(2)  immediately certify the tax rate to the assessor-collector of Brazoria County.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.05, eff. April 1, 2009.

Sec. 6602.202.  TAX ASSESSOR-COLLECTOR.  (a)  The tax assessor-collector of Brazoria County is the tax assessor-collector for the district.
(b)  The tax assessor-collector shall charge and deduct from payments to the district amounts for the tax assessor-collector's services as may be agreed on by the tax assessor-collector and the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.05, eff. April 1, 2009.