SPECIAL DISTRICTS CODE
SUBTITLE K. SEAWALL COMMISSIONS
CHAPTER 9501. SEAWALL COMMISSION IN MATAGORDA COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. April 1, 2005.
§ 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
421.002, 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 9501.004. LAWSUITS. The commission may sue and be
sued in a court in this state.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER B. COMMISSION
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 9501.059. TREASURER. The county treasurer of
Matagorda County shall serve as treasurer of the commission.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9501.060. AUDITOR. The county auditor for Matagorda
County is the auditor for the commission.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9501.061. EMPLOYMENT OF ATTORNEY. The commission may
employ an attorney for legal services required by the commission.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
§ 9501.101. COMMISSION POWERS. The commission may
exercise the authority granted to a county or municipality under
Section 421.002, 421.003, 421.004, or 421.005 or Section 421.011(a)
or (b), Local Government Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9501.102. AUTHORITY TO CONTRACT. The commission may
enter into a contract relating to the performance of any function
described by Section 421.002, Local Government Code.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
SUBCHAPTER D. FINANCIAL PROVISIONS
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
§ 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, § 1, eff. April 1, 2005.
