CHAPTER 571. SEAWALLS AND LEVEES IN COASTAL MUNICIPALITIES AND COUNTIES
LOCAL GOVERNMENT CODE
TITLE 13. WATER AND UTILITIES
SUBTITLE C. WATER PROVISIONS APPLYING TO MORE THAN ONE TYPE OF
LOCAL GOVERNMENT
CHAPTER 571. SEAWALLS AND LEVEES IN COASTAL MUNICIPALITIES AND
COUNTIES
SUBCHAPTER A. AUTHORITY OF COUNTY OR MUNICIPALITY BORDERING GULF
Sec. 571.001. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a county or municipality that borders the Gulf of
Mexico.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Added
by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 421.001 by Acts
2007, 80th Leg., R.S., Ch.
885, Sec. 3.76(c)(1), eff. April 1, 2009.
Sec. 571.002. AUTHORIZED PROJECTS; DEBT. (a) The commissioners
court of the county or the municipal authority of the
municipality may:
(1) establish, construct, extend, maintain, or improve a
seawall, breakwater, levee, floodway, or drainway;
(2) improve, maintain, or beautify a boulevard erected in
connection with the seawall, breakwater, levee, floodway, or
drainway; and
(3) for purposes of implementing Subchapter H, Chapter 33,
Natural Resources Code:
(A) participate as a qualified project partner for an erosion
response project undertaken by the General Land Office, as those
terms are defined by Section 33.601, Natural Resources Code; and
(B) undertake or contribute to the funding of:
(i) beach renourishment on public beaches, as defined by Section
61.012, Natural Resources Code; or
(ii) any other erosion response project as defined by Section
33.601, Natural Resources Code, on waterways, bays, and bay
shorelines.
(b) The commissioners court or municipal authority may incur
debt for a purpose authorized under Subsection (a).
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 485, Sec. 1, eff. June
20, 2003.
Renumbered from Local Government Code, Section 421.002 by Acts
2007, 80th Leg., R.S., Ch.
885, Sec. 3.76(c)(1), eff. April 1, 2009.
Sec. 571.003. USE OF PUBLIC PROPERTY. (a) The commissioners
court or municipal authority may impose additional uses or
restrictions on a street, alley, public highway, or other public
ground necessary for the location, construction, or maintenance
of a seawall, breakwater, levee, floodway, or drainway.
(b) The commissioners court or municipal authority may authorize
an additional use of the seawall, breakwater, levee, floodway, or
drainway if that use will not impair the efficiency of the
seawall, breakwater, levee, floodway, or drainway.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1,
1999.
Renumbered from Local Government Code, Section 421.003 by Acts
2007, 80th Leg., R.S., Ch.
885, Sec. 3.76(c)(1), eff. April 1, 2009.
Sec. 571.004. ACQUISITION OF PROPERTY; EMINENT DOMAIN. (a) The
county or municipality may acquire property that is necessary for
the establishment, construction, and maintenance of a seawall,
breakwater, levee, floodway, or drainway.
(b) The county or municipality may exercise the right of eminent
domain to condemn an interest in real property for the purposes
described by Subsection (a). The county or municipality must
exercise the power of eminent domain in the manner provided by
Chapter 21, Property Code.
(c) Before exercising the power of eminent domain under this
section the commissioners court or municipal authority, by order,
ordinance, or resolution entered in its minutes, shall define and
describe the real property to be acquired and shall determine
whether an easement or fee simple interest in the real property
is to be taken.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1,
1999.
Renumbered from Local Government Code, Section 421.004 by Acts
2007, 80th Leg., R.S., Ch.
885, Sec. 3.76(c)(1), eff. April 1, 2009.
Sec. 571.005. CESSION OF USE AND CONTROL OF STATE LAND. The
state cedes to a county or municipality that uses this subchapter
the right to the use and control of as much of the land and sea
bottom below high tide that the commissioners court or municipal
authority considers necessary for the purposes prescribed by this
subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1,
1999.
Renumbered from Local Government Code, Section 421.005 by Acts
2007, 80th Leg., R.S., Ch.
885, Sec. 3.76(c)(1), eff. April 1, 2009.
Sec. 571.006. TAX; BONDS. (a) The commissioners court or
municipal authority may impose a tax to pay the debt incurred
under Section 571.002. The rate of the tax in any year may not
exceed 50 cents on each $100 of the taxable value of property
taxable by the county or municipality.
(b) The commissioners court or municipal authority may issue
bonds under this subchapter for the payment of the debt, but, if
revenue from the tax will not pay off the debt within five years,
the commissioners court or municipal authority shall issue bonds
for the payment of the debt.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1,
1999.
Renumbered from Local Government Code, Section 421.006 by Acts
2007, 80th Leg., R.S., Ch.
885, Sec. 3.76(c)(1), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.77(19), eff. April 1, 2009.
Sec. 571.007. PREREQUISITES FOR ISSUING BONDS; ELECTION. (a)
Before the commissioners court or municipal authority may issue
bonds under this subchapter:
(1) the commissioners court or municipal authority shall
prescribe the amount of and the rate of interest on bonds to be
issued; and
(2) the tax proposed to pay the interest and sinking fund on the
bonds must be approved by a majority of the voters of the county
or municipality, as appropriate, voting at an election held on
the proposed tax.
(b) The election shall be held in accordance with Chapter 1251,
Government Code. In addition to the notice required under Section
1251.003, Government Code, and Chapter 4, Election Code, the
commissioners court or municipal authority shall mail to each
registered voter in the county or municipality a copy of the
ballot proposition before the 10th day preceding the date of the
election.
(c) The commissioners court or municipal authority shall issue
any bonds under this subchapter in compliance with the applicable
provisions of Subtitles A and C, Title 9, Government Code.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1,
1999.
Renumbered from Local Government Code, Section 421.007 by Acts
2007, 80th Leg., R.S., Ch.
885, Sec. 3.76(c)(1), eff. April 1, 2009.
Sec. 571.008. ELECTION RESULTS. If the canvass of the election
returns shows that the requisite number of voters voted in favor
of the proposition, the commissioners court or municipal
authority may issue the bonds and impose the tax for the purposes
provided by this subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1,
1999.
Renumbered from Local Government Code, Section 421.008 by Acts
2007, 80th Leg., R.S., Ch.
885, Sec. 3.76(c)(1), eff. April 1, 2009.
Sec. 571.009. GENERAL LAW APPLICABLE TO BONDS. A bond issued
under this subchapter is subject to other law regulating bonds
issued by counties and municipalities to the extent that law does
not conflict with this subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1,
1999.
Renumbered from Local Government Code, Section 421.009 by Acts
2007, 80th Leg., R.S., Ch.
885, Sec. 3.76(c)(1), eff. April 1, 2009.
Sec. 571.010. HANDLING OF BOND PROCEEDS AND TAXES. (a) All
amounts received from the sale of bonds under this subchapter
shall be deposited with the county or municipal treasurer, as
appropriate. The county or municipal treasurer shall hold the
amounts in trust exclusively for the purposes prescribed by this
subchapter.
(b) The county or municipality shall hold all taxes collected to
pay the interest on and principal of bonds issued under this
subchapter in trust for the payment of the interest and
principal. Any amount that exceeds the amount required to pay the
annual interest on the bonds may be invested for the benefit of
the sinking fund in:
(1) bonds issued under this subchapter;
(2) bonds of the state; or
(3) bonds of the United States.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1,
1999.
Renumbered from Local Government Code, Section 421.010 by Acts
2007, 80th Leg., R.S., Ch.
885, Sec. 3.76(c)(1), eff. April 1, 2009.
Sec. 571.011. COOPERATION AND CONTRACTS WITH UNITED STATES. (a)
The commissioners court or municipal authority may cooperate and
contract with the United States for grants, loans, or advance
payments to carry out any of the powers or purposes prescribed by
this subchapter.
(b) The commissioners court or municipal authority may
contribute and pay to the United States all or any part of the
proceeds of bonds they have issued and sold under this
subchapter, in connection with any project undertaken by the
federal government affecting or relating to the construction or
maintenance of a seawall, boulevard, or other project authorized
under this subchapter.
(c) It is the purpose of this section to confer on the
commissioners court or municipal authority the fullest possible
power of contract with regard to projects of common interest
enumerated in this subchapter, when these projects are approved
by an act of the United States Congress.
Renumbered from Sec. 421.001 and amended by Acts 1999, 76th Leg.,
ch. 227, Sec. 16, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 421.011 by Acts
2007, 80th Leg., R.S., Ch.
885, Sec. 3.76(c)(1), eff. April 1, 2009.