CHAPTER 561. WATER CONTROL BY COUNTIES

LOCAL GOVERNMENT CODE

TITLE 13. WATER AND UTILITIES

SUBTITLE B. COUNTY WATER

CHAPTER 561. WATER CONTROL BY COUNTIES

Sec. 561.001. 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, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Local Government Code, Section 411.001 by Acts

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

885, Sec. 3.76(b)(1), eff. April 1, 2009.

Sec. 561.002. 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, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Local Government Code, Section 411.002 by Acts

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

885, Sec. 3.76(b)(1), eff. April 1, 2009.

Sec. 561.003. 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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.228, eff. Sept.

1, 1997; Acts 2001, 77th Leg., ch. 1183, Sec. 8, eff. Sept. 1,

2001.

Renumbered from Local Government Code, Section 411.003 by Acts

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

885, Sec. 3.76(b)(1), eff. April 1, 2009.

Sec. 561.004. 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, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Local Government Code, Section 411.004 by Acts

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

885, Sec. 3.76(b)(1), eff. April 1, 2009.

Sec. 561.005. 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, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Local Government Code, Section 411.005 by Acts

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

885, Sec. 3.76(b)(1), eff. April 1, 2009.

Sec. 561.006. 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, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Local Government Code, Section 411.006 by Acts

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

885, Sec. 3.76(b)(1), eff. April 1, 2009.

Sec. 561.007. 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, Sec. 1, eff. Sept. 1,

1997.

Renumbered from Local Government Code, Section 411.007 by Acts

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

885, Sec. 3.76(b)(1), eff. April 1, 2009.

Sec. 561.008. 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, Sec. 14, eff. Sept. 1,

1999. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 41, eff.

Sept. 1, 1999.

Renumbered from Local Government Code, Section 411.008 by Acts

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

885, Sec. 3.76(b)(1), eff. April 1, 2009.

Sec. 561.009. 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, Sec. 1, eff. May 22,

2001.

Renumbered from Local Government Code, Section 411.009 by Acts

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

885, Sec. 3.76(b)(1), eff. April 1, 2009.

Sec. 561.010. PROVISION OF FLOOD RELIEF TO COLONIAS. (a) In

this section, "colonia" means a geographic area that consists of

11 or more dwellings located in close proximity to each other in

an area that may be described as a community or neighborhood and

that:

(1) has a majority population composed of individuals and

families of low income, as defined by Section 2306.004,

Government Code, and based on the federal Office of Management

and Budget poverty index, and meets the qualifications of an

economically distressed area under Section 17.921, Water Code; or

(2) has the physical and economic characteristics of a colonia,

as determined by the Texas Department of Housing and Community

Affairs.

(b) A county may provide assistance for the removal from private

property, including a road, of flood water resulting from a

natural disaster in a colonia if the removal of the water is

necessary to protect the health and safety of the colonia.

Added by Acts 2009, 81st Leg., R.S., Ch.

383, Sec. 1, eff. June 19, 2009.