SUBCHAPTER
A. RIGHT-OF-WAY FOR FEDERAL NAVIGATION PROJECTS
§
1475.001. Purpose; Liberal Construction
(a) The only purpose of this subchapter is to
grant counties in this state the authority to
issue bonds or warrants or to otherwise lend
their credit for the acquisition and conveyance
to the United States of the necessary
right-of-way for waterways or navigable canals:
(1) the construction of which is authorized by
federal legislation; and
(2) the cost of construction and maintenance of
which is to be paid by the United States.
(b) This subchapter shall be liberally construed
to accomplish that purpose.
Added by Acts 1999, 76th Leg., ch. 227, § 1,
eff. Sept. 1, 1999.
§
1475.002. Authority to Acquire Right-Of-Way and
Dumping Privileges
(a) For the purpose of navigation or to aid in
navigation, a county may, in accordance with
Section 1475.003, acquire right-of-way and
necessary dumping privileges for a canal or
waterway the construction of which is authorized
by federal legislation.
(b) The county may:
(1) acquire the right-of-way and necessary
dumping privileges by purchase, through
donation, or by exercising the county's power of
eminent domain; and
(2) convey the right-of-way and dumping
privileges to the United States by a deed
executed in the manner that other deeds by a
county must be executed.
(c) In lieu of exercising its power of eminent
domain, the county may:
(1) allow the United States to acquire the
right-of-way and necessary dumping privileges
through the United States' power of eminent
domain; and
(2) lend the county's credit by guaranteeing the
United States that the county will pay the
resulting judgment or assessment of damages for
the value of the condemned property.
Added by Acts 1999, 76th Leg., ch. 227, § 1,
eff. Sept. 1, 1999.
§
1475.003. Authority to Issue Bonds and Impose
Taxes
To pay for an action authorized by Section
1475.002, a county may, on the approval of at
least two-thirds of the qualified voters of the
county who vote on the measure:
(1) issue bonds or warrants or otherwise lend
its credit in addition to its other debt and in
an amount not to exceed one-fourth of the
taxable value of the real property in the
county; and
(2) impose taxes to pay the interest on and to
provide a sinking fund for the redemption of the
debt.
Added by Acts 1999, 76th Leg., ch. 227, § 1,
eff. Sept. 1, 1999.
§
1475.004. Election
(a) The commissioners court of a county:
(1) may, on its own motion, order an election to
determine whether the county will issue bonds or
warrants or otherwise lend its credit to take an
action under Section 1475.002; and
(2) shall order such an election if a petition
signed by at least 25 of the resident owners of
taxable property in the county that calls for
the election is filed with the commissioners
court.
(b) The election order must include as close a
description as possible of:
(1) the proposed navigation purposes, aid to
navigation, or right-of-way and necessary
dumping privileges to be acquired;
(2) the amount of the proposed bonds or warrants
or the extent of the credit proposed to be
authorized for those purposes;
(3) if the commissioners court proposes to issue
bonds or warrants, the maturity dates and rate
of interest of the bonds or warrants; and
(4) if the commissioners court proposes to lend
the credit of the county, the manner in which
the credit is to be used and the terms of the
credit to be authorized.
(c) Subject to Section 4.003(c), Election Code,
the commissioners court shall give 20 days
notice of the election:
(1) by publication in a newspaper published at
the county seat; and
(2) by posting in three public places in the
county, one of which must be at the county seat.
(d) The ballot shall be printed to permit voting
for or against the proposition: "The
issuance of bonds (or, if appropriate, 'the
issuance of warrants' or 'the lending of
credit') and the imposition of a tax in payment
of the bonds (or, if appropriate, 'in payment of
the warrants' or 'in payment of the lending of
credit')."
Added by Acts 1999, 76th Leg., ch. 227, § 1,
eff. Sept. 1, 1999.
§
1475.005. Duties of Commissioners Court After
Voter Approval
If the voters approve the proposition, the
commissioners court shall enter in its minutes:
(1) the date of the election, the notice of the
election, the ballot proposition, and the result
of the election; and
(2) an order that, as appropriate:
(A) provides for the issuance of the bonds or
warrants and states the amount, dates of
maturity, and rate of interest of the bonds or
warrants; or
(B) authorizes the use of the county's credit,
specifies the extent to which the county will
lend its credit, and specifies the manner by and
conditions under which the county will lend its
credit.
Added by Acts 1999, 76th Leg., ch. 227, § 1,
eff. Sept. 1, 1999.
§
1475.006. Investment of Sinking Fund
Money deposited to the credit of the sinking
fund of bonds or warrants issued under this
subchapter shall be invested as money deposited
to the credit of the sinking funds of other
county bonds is invested.
Added by Acts 1999, 76th Leg., ch. 227, § 1,
eff. Sept. 1, 1999.
§
1475.007. Issuance of Bonds and Warrants; Use of
Proceeds
(a) A bond or warrant issued under this
subchapter shall be:
(1) issued in the name of the county;
(2) signed by the county judge; and
(3) attested by the county clerk under the seal
of the commissioners court.
(b) The commissioners court shall sell the bond
or warrant on the best terms possible.
(c) All money received from the sale of the bond
or warrant shall be paid to the county
treasurer. The county treasurer shall:
(1) deposit the money to the credit of the
county's navigation fund account; and
(2) pay out the money on warrants in the manner
that other county funds are disbursed.
Added by Acts 1999, 76th Leg., ch. 227, § 1,
eff. Sept. 1, 1999.
SUBCHAPTER
B. PROPERTY FOR INTRACOASTAL CANAL PURPOSES
§
1475.051. Applicability of Subchapter
This subchapter applies only to a county
adjacent to the Gulf of Mexico.
Added by Acts 1999, 76th Leg., ch. 227, § 1,
eff. Sept. 1, 1999.
§
1475.052. Authority to Acquire Land and Certain
Interests in Land for Canal Purposes
(a) If the acquisition is necessary for the
construction of an intracoastal canal, a county
may, by purchase or by exercising the county's
power of eminent domain, acquire public or
private land, a right-of-way, an easement, or
dumping ground privileges.
(b) The county must exercise the power of
eminent domain in the manner provided by Chapter
21, Property Code. A county may not condemn land
under Subsection (a) if the land is used for cemetery
purposes.
Added by Acts 1999, 76th Leg., ch. 227, § 1,
eff. Sept. 1, 1999.
§
1475.053. Authority to Issue Time Warrants
The commissioners court of a county may issue
time warrants to pay for an acquisition under
Section 1475.052.
Added by Acts 1999, 76th Leg., ch. 227, § 1,
eff. Sept. 1, 1999.
§
1475.054. Applicability of Other Laws to
Condemnation Proceedings
Sections 261.002 and 261.003, Local Government
Code, apply to a condemnation proceeding brought
under this subchapter.
Added by Acts 1999, 76th Leg., ch. 227, § 1,
eff. Sept. 1, 1999.
§
1475.055. Effect of Appeal
An appeal from a finding and assessment of
damages made as described by Chapter 21,
Property Code, does not suspend work by the
United States that relates to the property or
property right sought to be acquired.
Added by Acts 1999, 76th Leg., ch. 227, § 1,
eff. Sept. 1, 1999.
