2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle A - Drainage Districts › Chapter 6603 - Brookshire-Katy Drainage District › Subchapter C. Powers and Duties › Section 6603.102. Construction of Drainage Facilities or Improvements

Sec. 6603.102.  CONSTRUCTION OF DRAINAGE FACILITIES OR IMPROVEMENTS.  (a)  Except as provided by Subsection (b), a person may not construct drainage facilities or improvements on or to serve a tract of land in the district unless the district has approved the plans and specifications for the facilities or improvements.
(b)  Plans and specifications for drainage facilities or improvements located in the corporate limits or the extraterritorial jurisdiction of a municipality require only the approval of the municipality if:
(1)  the municipality's corporate limits are located in more than one county;
(2)  part of the municipality's corporate limits and extraterritorial jurisdiction in Waller County is located in the district;
(3)  the municipality has a population of less than 100,000; and
(4)  the drainage facilities or improvements are located outside district-owned property or facilities.
(c)  The district may adopt reasonable rules and set reasonable standards to provide for adequate drainage construction in accordance with standard engineering practices.  The rules and standards may require the drainage plan to be generally compatible with the district's master plan.
(d)  The district by rule may establish procedures for:
(1)  the presentation of plans and specifications to the district; and
(2)  the review and disposition of the plans and specifications by the district.
(e)  The district, after review by its engineer, shall determine the cost of any drainage facilities or improvements and recommend to the appropriate governing body with jurisdiction over the subdivision that a surety bond or other approved security in that amount for the construction of drainage facilities or improvements be secured in the name of the governing body.  If the governing body does not secure a bond, the district may secure a bond for the cost of construction of drainage facilities or improvements.
(f)  The district may refuse to approve plans and specifications if:
(1)  the plans and specifications do not comply with district rules; or
(2)  all applicable fees have not been paid.
(g)  This section does not apply to  agricultural activity.
(h)  This section does not limit the authority or jurisdiction of a municipality or county to regulate plans and specifications for the construction of drainage facilities or improvements other than facilities owned or maintained by the district.
(i)  The district's rules and standards for the construction of drainage facilities or improvements do not apply to a facility or improvement not owned or maintained by the district in the corporate limits of a municipality unless the governing body of the municipality or county requires the person to submit the plans and specifications for drainage construction to the district.
(j)  The district may adopt rules to exempt from the requirements of this section a drainage facility or improvement on or to serve a tract of land in the district if the facility or improvement does not create an aggregate impervious area of more than one acre.
Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.05, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 21.067, eff. September 1, 2009.