By Brown S.B. No. 1444
77R4196 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the general powers and authority of water districts;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 49.054(d), Water Code, is amended to read
1-6 as follows:
1-7 (d) If the board appoints a director to serve as treasurer,
1-8 that director is not subject to the investment officer training
1-9 requirements of Chapter 2256 [Section 2256.007], Government Code,
1-10 unless the director is also appointed as the district's investment
1-11 officer under Chapter 2256, Government Code.
1-12 SECTION 2. Section 49.057(a), Water Code, is amended to read
1-13 as follows:
1-14 (a) The board shall be responsible for the management of all
1-15 the affairs of the district. The district shall employ or contract
1-16 with all persons, firms, partnerships, corporations, or other
1-17 entities, public or private, deemed necessary by the board for the
1-18 conduct of the affairs of the district, including, but not limited
1-19 to, engineers, attorneys, financial advisors, operators,
1-20 bookkeepers, tax assessors and collectors, auditors, and
1-21 administrative staff. The board may appoint an employee of a firm,
1-22 partnership, corporation, or other entity with which the district
1-23 has contracted to serve as the investment officer of the district
1-24 under Chapter 2256 [Section 2256.007], Government Code.
2-1 SECTION 3. Section 49.060(a), Water Code, is amended to read
2-2 as follows:
2-3 (a) A director is entitled to receive fees of office of not
2-4 more than $150 [$100] a day for each day the director actually
2-5 spends performing the duties of a director. The fees of office may
2-6 not exceed $6,000 per annum except for directors of a special water
2-7 authority which is engaged in the distribution and sale of electric
2-8 energy to the public.
2-9 SECTION 4. Section 49.102, Water Code, is amended by adding a
2-10 new Subsection (i) and redesignating existing Subsection (i) as
2-11 Subsection (j) to read as follows:
2-12 (i) A district, at an election required under Subsection
2-13 (a), may submit to the qualified voters of the district the
2-14 proposition of whether a plan as authorized by Section 49.351
2-15 should be implemented or entered into by the district.
2-16 (j) The provisions of this section shall not be applicable
2-17 to any district exercising the powers of Chapter 375, Local
2-18 Government Code, or any district created by a special Act of the
2-19 legislature that does not require a confirmation election.
2-20 SECTION 5. Section 49.106, Water Code, is amended by adding
2-21 Subsection (e) to read as follows:
2-22 (e) A district's authorization to issue bonds resulting from
2-23 an election held under this section, or any other law that allows
2-24 for the qualified voters of a district to authorize the issuance of
2-25 bonds by a district, remains in effect after the election unless
2-26 the district is dissolved or is annexed by another district.
2-27 SECTION 6. Section 49.107, Water Code, is amended by adding
3-1 Subsection (g) to read as follows:
3-2 (g) Sections 26.04, 26.05, and 26.07, Tax Code, do not apply
3-3 to a tax levied and collected under this section or an ad valorem
3-4 tax levied and collected for the payment of the interest on and
3-5 principal of bonds issued by a district.
3-6 SECTION 7. Section 49.108, Water Code, is amended by adding
3-7 Subsection (f) to read as follows:
3-8 (f) Sections 26.04, 26.05, and 26.07, Tax Code, do not apply
3-9 to a tax levied and collected for payments made under a contract
3-10 approved in accordance with this section.
3-11 SECTION 8. Section 49.151(c), Water Code, is amended to read
3-12 as follows:
3-13 (c) The board may [by resolution] allow disbursements of
3-14 district money to be transferred by federal reserve wire system.
3-15 The board by resolution may allow the wire transfers to accounts in
3-16 the name of the district or accounts not in the name of the
3-17 district. If the wire transfer is to an account not in the name of
3-18 the district, the wire transfer instructions must be signed by at
3-19 least a majority of the directors.
3-20 SECTION 9. Section 49.155(a), Water Code, is amended to read
3-21 as follows:
3-22 (a) The district may pay out of bond proceeds or other
3-23 available funds of the district all expenses of the district
3-24 authorized by this section, including expenses reasonable and
3-25 necessary to effect the issuance, sale, and delivery of bonds as
3-26 determined by the board, including, but not limited to, the
3-27 following:
4-1 (1) interest during construction [not to exceed three
4-2 years after acceptance of the project];
4-3 (2) capitalized interest not to exceed three years'
4-4 interest;
4-5 (3) reasonable and necessary reserve funds not to
4-6 exceed two years' interest on the bonds;
4-7 (4) interest on funds advanced to the district;
4-8 (5) financial advisor, bond counsel, attorney, and
4-9 other consultant fees;
4-10 (6) paying agent, registrar, and escrow agent fees;
4-11 (7) right-of-way acquisition;
4-12 (8) underwriter's discounts or premiums;
4-13 (9) engineering fees, including surveying expenses and
4-14 plan review fees;
4-15 (10) commission and attorney general fees;
4-16 (11) printing costs;
4-17 (12) all organizational, administrative, and operating
4-18 costs during creation and construction periods;
4-19 (13) the cost of investigation and making plans,
4-20 including preliminary plans and associated engineering reports;
4-21 (14) land required for stormwater control;
4-22 (15) costs associated with requirements for federal
4-23 stormwater permits; and
4-24 (16) costs associated with requirements for endangered
4-25 species permits.
4-26 SECTION 10. Section 49.183(b), Water Code, is amended to read
4-27 as follows:
5-1 (b) Except for refunding bonds, or bonds sold to a state or
5-2 federal agency, [after any bonds are finally approved and] before
5-3 any bonds [they] are sold by a district, the board shall publish an
5-4 appropriate notice of the sale:
5-5 (1) at least one time not less than 10 days before the
5-6 date of sale in a newspaper of general circulation in the county or
5-7 counties in which the district is located; and
5-8 (2) at least one time in one or more recognized
5-9 financial publications of general circulation in the state as
5-10 approved by the state attorney general.
5-11 SECTION 11. Section 49.184, Water Code, is amended by adding
5-12 Subsection (f) to read as follows:
5-13 (f) In any proceeding concerning the validity of the
5-14 creation of a district or the annexation of property by a district,
5-15 a certificate of ownership as certified by the central appraisal
5-16 district of the county or counties in which the property is located
5-17 creates a presumption of ownership, and additional proof of
5-18 ownership is not required unless there is substantial evidence in
5-19 the official deed records of the county in which the property is
5-20 located to rebut the presumption. On request by a district, the
5-21 central appraisal district of the county or counties in which the
5-22 district is located shall furnish certificates of ownership and may
5-23 charge reasonable fees to recover the actual costs incurred in
5-24 preparing the certificates.
5-25 SECTION 12. Section 49.212, Water Code, is amended by
5-26 amending Subsection (a) and adding Subsection (e) to read as
5-27 follows:
6-1 (a) A district may adopt and enforce all necessary charges,
6-2 mandatory fees, or rentals, in addition to taxes, for providing or
6-3 making available any district facility or service, including
6-4 fire-fighting activities provided under Section 49.351.
6-5 (e) Chapter 2007, Government Code, does not apply to a tax
6-6 levied, a standby fee imposed, or a charge, fee, or rental adopted
6-7 or enforced by a district under this chapter, another chapter of
6-8 this code, or Chapter 395, Local Government Code.
6-9 SECTION 13. Section 49.218, Water Code, is amended by adding
6-10 a new Subsection (d), relettering existing Subsection (d) as
6-11 Subsection (f), and adding Subsections (e), (g), and (h) to read as
6-12 follows:
6-13 (d) A district or water supply corporation may require a
6-14 service applicant, as a condition of service, to grant a permanent
6-15 recorded easement dedicated to the district or water supply
6-16 corporation that will provide a reasonable right of access and use
6-17 to allow the district or water supply corporation to construct,
6-18 install, maintain, replace, upgrade, inspect, and test any
6-19 facilities necessary to serve that applicant as well as other
6-20 customers of the district or water supply corporation.
6-21 (e) As a condition of service to a new subdivision, a
6-22 district or water supply corporation may require a developer to
6-23 provide permanent recorded easements to and throughout the
6-24 subdivision sufficient to construct, install, maintain, replace,
6-25 upgrade, inspect, and test any facilities necessary to serve the
6-26 subdivision's anticipated service demands on full occupancy.
6-27 (f) A district or water supply corporation may also lease
7-1 property from others for its use on such terms and conditions as
7-2 the board of the district or the board of directors of the water
7-3 supply corporation may determine to be advantageous.
7-4 (g) A district or water supply corporation may issue bonds,
7-5 notes, or other obligations to acquire property as authorized by
7-6 this section.
7-7 (h) Property acquired under this section, or any other law
7-8 allowing the acquisition of property by a district or water supply
7-9 corporation, and owned by a district or water supply corporation is
7-10 not subject to assessments, charges, fees, or dues imposed by a
7-11 nonprofit corporation under Chapter 204, Property Code.
7-12 SECTION 14. Section 49.226, Water Code, is amended to read as
7-13 follows:
7-14 Sec. 49.226. SALE OR EXCHANGE OF REAL [SURPLUS LAND] OR
7-15 PERSONAL PROPERTY. (a) Any personal property valued at more than
7-16 $300 or any land or interest in land owned by the district which is
7-17 found by the board to be surplus and is not needed by the district
7-18 may be sold under order of the board either by public or private
7-19 sale, or the land, interest in land, or personal property may be
7-20 exchanged for other land, interest in land, or personal property
7-21 needed by the district. Except as provided in Subsection (b),
7-22 land, interest in land, or personal property must be exchanged for
7-23 like fair market value, which value may be determined by the
7-24 district.
7-25 (b) Any property dedicated to or acquired by the district
7-26 without expending district funds may be abandoned or released to
7-27 the original grantor, the grantor's heirs, assigns, executors, or
8-1 successors upon terms and conditions deemed necessary or
8-2 advantageous to the district and without receiving compensation for
8-3 such abandonment or release. District property may also be
8-4 abandoned, released, exchanged, or transferred to another district,
8-5 municipality, county, countywide agency, or authority upon terms
8-6 and conditions deemed necessary or advantageous to the district.
8-7 Narrow strips of property resulting from boundary or surveying
8-8 conflicts or similar causes, or from insubstantial encroachments by
8-9 abutting property owners, or property of larger configuration that
8-10 has been subject to encroachments by abutting property owners for
8-11 more than 25 years may be abandoned, released, exchanged, or
8-12 transferred to such abutting owners upon terms and conditions
8-13 deemed necessary or advantageous to the district. Chapter 272,
8-14 Local Government Code, does [shall] not apply to this section
8-15 [subsection].
8-16 (c) Before either a public or a private sale of real
8-17 property [not required by the district], the district shall give
8-18 notice of the intent to sell by publishing notice once a week for
8-19 two consecutive weeks in one or more newspapers with general
8-20 circulation in the district.
8-21 (d) If the district has outstanding bonds secured by a
8-22 pledge of tax revenues, the proceeds of the sale of property [not
8-23 required by the district] shall be applied to retire outstanding
8-24 bonds of the district [when required by the district's applicable
8-25 bond resolutions].
8-26 (e) If the district does not have any outstanding bonds, the
8-27 proceeds derived from the sale of real or [the] personal property
9-1 [or land not required by the district] may be used for any lawful
9-2 purpose.
9-3 SECTION 15. Subchapter H, Chapter 49, Water Code, is amended
9-4 by adding Section 49.234 to read as follows:
9-5 Sec. 49.234. SEWER CONNECTIONS. (a) A district may:
9-6 (1) provide for a sanitary sewer system; and
9-7 (2) require property owners to connect to the sewer
9-8 system.
9-9 (b) If a property owner does not connect to the sewer
9-10 system, the district may:
9-11 (1) fix a lien against the owner's property;
9-12 (2) charge the cost of the connection to the owner as
9-13 a personal liability;
9-14 (3) terminate water service to the owner's property;
9-15 and
9-16 (4) impose a penalty on the owner.
9-17 SECTION 16. Section 49.271(c), Water Code, is amended to read
9-18 as follows:
9-19 (c) The district may adopt minimum criteria for the
9-20 qualifications of bidders on its construction contracts and for
9-21 sureties issuing payment and performance bonds. For construction
9-22 contracts over $25,000, the district shall require a person who
9-23 bids to submit a certified or cashier's check on a responsible bank
9-24 in the state equal to at least two percent of the total amount of
9-25 the bid, or a bid bond of at least two percent of the total amount
9-26 of the bid issued by a surety legally authorized to do business in
9-27 this state, as a good faith deposit to ensure execution of the
10-1 contract. If the successful bidder fails or refuses to enter into
10-2 a proper contract with the district, or fails or refuses to furnish
10-3 the payment and performance bonds [bond] required by law, the
10-4 bidder forfeits the deposit. The payment, performance, and bid
10-5 bonding requirements of this subsection do not apply to a contract
10-6 for the purchase of equipment, materials, or machinery not
10-7 otherwise incorporated into a construction project.
10-8 SECTION 17. Sections 49.273(i) and (j), Water Code, are
10-9 amended to read as follows:
10-10 (i) If changes in plans or specifications are necessary
10-11 after the performance of the contract is begun, or if it is
10-12 necessary to decrease or increase the quantity of the work to be
10-13 performed or of the materials, equipment, or supplies to be
10-14 furnished, the board may approve change orders making the changes.
10-15 The aggregate of the change orders may not increase the original
10-16 contract price by more than 10 percent. Additional change [Change]
10-17 orders [to contracts] may be issued only as a result of
10-18 unanticipated conditions encountered during construction, repair,
10-19 or renovation or changes in regulatory criteria or to facilitate
10-20 project coordination with other political entities.
10-21 (j) The board is not required to advertise or seek
10-22 competitive bids for the repair of district facilities if the scope
10-23 or extent of the repair work cannot be readily ascertained or if
10-24 the nature of the repair work does not readily lend itself to
10-25 competitive bidding [by the district's operator if the cost of the
10-26 repair is less than or equal to the advertising requirements of
10-27 this section].
11-1 SECTION 18. Subchapter I, Chapter 49, Water Code, is amended
11-2 by adding Section 49.279 to read as follows:
11-3 Sec. 49.279. PREVAILING WAGE RATES. In addition to the
11-4 alternative procedures provided by Section 2258.022, Government
11-5 Code:
11-6 (1) a district located wholly or partially within one
11-7 or more municipalities or within the extraterritorial jurisdiction
11-8 of one or more municipalities may determine its prevailing wage
11-9 rate for public works by adopting the prevailing wage rate of:
11-10 (A) one of the municipalities; or
11-11 (B) the county in which the district is located,
11-12 or if the county in which the district is located has not adopted a
11-13 wage rate, the prevailing wage rate of a county adjacent to the
11-14 county in which the district is located; and
11-15 (2) a district not located wholly or partially within
11-16 the extraterritorial jurisdiction of a municipality may determine
11-17 the district's prevailing wage rate by adopting the prevailing wage
11-18 rate of the county in which the district is located or, if the
11-19 county in which the district is located has not adopted a wage
11-20 rate, the wage rate of a county adjacent to the county in which the
11-21 district is located.
11-22 SECTION 19. Section 49.302(b), Water Code, is amended to read
11-23 as follows:
11-24 (b) A petition requesting the annexation of a defined area
11-25 signed by a majority in value of the owners of land in the defined
11-26 area, as shown by the tax rolls of the central appraisal district
11-27 of the county or counties in which such area is located, or signed
12-1 by 50 landowners if the number of landowners is more than 50, shall
12-2 describe the land by metes and bounds or by lot and block number if
12-3 there is a recorded plat of the area and shall be filed with the
12-4 secretary of the board.
12-5 SECTION 20. Section 49.304(a), Water Code, is amended to read
12-6 as follows:
12-7 (a) If the board determines that an exclusion hearing should
12-8 be held as provided by Section 49.303(a) or (c), or if a written
12-9 petition requesting an exclusion hearing is filed with the
12-10 secretary of the board as provided by [in] Section 49.303(b)
12-11 [49.303], the board shall give notice of the time and place of a
12-12 hearing to announce its own conclusions relating to land or other
12-13 property to be excluded and to receive petitions for exclusion of
12-14 land or other property.
12-15 SECTION 21. Subchapter J, Chapter 49, Water Code, is amended
12-16 by adding Section 49.315 to read as follows:
12-17 Sec. 49.315. ADDING AND EXCLUDING LAND BEFORE CONFIRMATION.
12-18 (a) A district may add or exclude land in accordance with this
12-19 subchapter:
12-20 (1) after a district is created by order of the
12-21 commission or another governmental entity or by special Act of the
12-22 legislature; and
12-23 (2) before a confirmation election is held as required
12-24 by Section 49.102.
12-25 (b) If land is added or excluded as provided by this
12-26 section, the election to confirm the district required by Section
12-27 49.102 shall be to confirm the district as modified.
13-1 SECTION 22. Section 49.327, Water Code, is amended to read as
13-2 follows:
13-3 Sec. 49.327. ASSETS ESCHEAT TO STATE. (a) Upon the
13-4 dissolution of a district by the commission, all assets of the
13-5 district shall escheat to the State of Texas. The assets shall be
13-6 administered by the comptroller and shall be disposed of in the
13-7 manner provided by Chapter 74, Property Code.
13-8 (b) Title 6, Property Code, does not apply to any personal
13-9 property held by a district that has not been dissolved by order of
13-10 the commission.
13-11 SECTION 23. Section 49.351, Water Code, is amended by
13-12 amending Subsections (a)-(c) and (g)-(j) and adding Subsection (l)
13-13 to read as follows:
13-14 (a) A district providing potable water or sewer service to
13-15 household users may establish, operate, and maintain a fire
13-16 department to perform all fire-fighting activities within the
13-17 district as provided in this subchapter and may issue bonds or
13-18 impose a mandatory fee, with voter approval, [bonds] for financing
13-19 a plan approved in accordance with this section, [the establishment
13-20 of the fire department] including the construction and purchase of
13-21 necessary buildings, facilities, land, and equipment and the
13-22 provision of an adequate water supply.
13-23 (b) After approval of the district electors of a plan to
13-24 operate, [or] jointly operate, or jointly fund the operation of a
13-25 fire department, and after complying with Subsections (g), (h), and
13-26 (i), the district or districts shall provide an adequate system and
13-27 water supply for fire-fighting purposes, may purchase necessary
14-1 land, may construct and purchase necessary buildings, facilities,
14-2 and equipment, and may employ or contract with a fire department to
14-3 employ all necessary personnel including supervisory personnel to
14-4 operate the fire department.
14-5 (c) Bonds [issued] for financing a plan approved in
14-6 accordance with this section [establishment of the fire department]
14-7 shall be authorized and may be issued, and a district shall be
14-8 authorized to levy a tax to pay the principal of and interest on
14-9 such bonds, as provided by law for authorization and issuance of
14-10 other bonds of the district.
14-11 (g) A district or districts proposing to act jointly shall
14-12 develop a detailed plan for the establishment, operation, and
14-13 maintenance of the proposed department, including a detailed
14-14 presentation of all financial requirements. If a district is
14-15 entering into a contract under Subsection (e), the district shall
14-16 develop a plan that describes [in detail] the contract and
14-17 [facilities and equipment to be devoted to service to the district
14-18 and all proposals for providing the service and that] includes a
14-19 presentation of the financial requirements under the contract. A
14-20 plan required by this subsection may be included in a plan or
14-21 report otherwise required by this title for the creation of a
14-22 district or may be submitted to the commission for approval at any
14-23 time after the creation of the district. [Before adoption of a
14-24 plan and any contract by the district, the board shall hold a
14-25 hearing at which any person residing in the district may present
14-26 testimony for and against the proposed plan and any proposed
14-27 contract. Notice of the hearing and the place at which the plan
15-1 and any contract may be examined shall be posted in two public
15-2 places within the district at least 10 days before the date of the
15-3 hearing.]
15-4 (h) If a plan was not approved by the commission at the time
15-5 of the district's creation, after [After] adoption of the plan and
15-6 any contract by the board, the plan and financial presentation,
15-7 together with any contract and a written report in a form
15-8 prescribed by the executive director describing existing fire
15-9 departments and fire-fighting services available within 25 miles of
15-10 the boundaries of the district, shall be submitted to the executive
15-11 director for consideration by the commission under rules adopted by
15-12 the commission. [Before approval or disapproval, the commission
15-13 shall hold a hearing. Notice of the hearing before the commission
15-14 shall be posted by the board in at least two public places in the
15-15 district at least five days before the hearing.] Before the
15-16 commission approves the application, it must find that it is
15-17 economically feasible for the district to implement the plan and
15-18 meet the provisions of any contract and shall take into
15-19 consideration in giving its approval the general financial
15-20 condition of the district and the economic feasibility of the
15-21 district carrying out the plan or meeting the obligations of the
15-22 contract. A plan approved by the commission as part of the
15-23 creation of a district does not require further commission approval
15-24 unless the district materially alters the plan.
15-25 (i) After approval of a plan by the commission, the district
15-26 shall submit to the electors of the district at the election to
15-27 approve bonds or to impose a mandatory fee for financing the plan,
16-1 or if no bonds or fees are to be approved, at an election called
16-2 for approval of the plan, which may be held in conjunction with an
16-3 election required by Section 49.102, the proposition of whether or
16-4 not the plan should be implemented or entered into by the district.
16-5 The ballots at the election shall be printed, as applicable, to
16-6 provide for voting for or against the proposition: "The
16-7 implementation of the plan for (operation/joint operation) of a
16-8 fire department"; or "The plan and contract to provide
16-9 fire-fighting services for the district."
16-10 (j) [No funds of the district may be used to establish a
16-11 fire department, to enter into joint operation of a fire
16-12 department, or to contract for fire-fighting services without the
16-13 approval of a plan by the electors as provided in this section.
16-14 However, the district may use available funds for preparation of a
16-15 plan and any contract.] The operation of a fire department or
16-16 provision of fire-fighting services is an essential public
16-17 necessity, and a district may discontinue any and all services,
16-18 including water and sewer service, to any person who fails to
16-19 timely pay fire department service fees or any other assessment
16-20 adopted by the district to support the fire department or the
16-21 provision of fire-fighting services.
16-22 (l) Notwithstanding the requirements of Subsections (a)-(j),
16-23 a district providing potable water or sewer service to household
16-24 users may as part of its billing process collect from its customers
16-25 a voluntary contribution on behalf of organizations providing
16-26 fire-fighting activities to the district. A district that chooses
16-27 to collect a voluntary contribution under this subsection must give
17-1 reasonable notice to its customers that the contribution is
17-2 voluntary. Water and sewer service may not be terminated as a
17-3 result of failure to pay the voluntary contribution.
17-4 SECTION 24. Chapter 49, Water Code, is amended by adding
17-5 Subchapter N to read as follows:
17-6 SUBCHAPTER N. RECREATIONAL FACILITIES
17-7 Sec. 49.461. POLICY AND PURPOSE. (a) The legislature finds
17-8 that:
17-9 (1) the provision of parks and recreational facilities
17-10 is necessary and desirable for the health and well-being of the
17-11 people of this state;
17-12 (2) it is the policy of the state and the purpose of
17-13 this subchapter to encourage persons in districts to provide parks
17-14 and recreational facilities for their use and benefit;
17-15 (3) within constitutional limitations, the power to
17-16 enact laws vested in the legislature by Section 1, Article III,
17-17 Texas Constitution, is supreme;
17-18 (4) there is no constitutional inhibition that would
17-19 prohibit the legislature from authorizing districts to acquire,
17-20 own, develop, construct, improve, manage, operate, and maintain
17-21 parks and recreational facilities; and
17-22 (5) the general legislative power alone is adequate to
17-23 support the enactment of this subchapter without reference to any
17-24 specific constitutional authorization.
17-25 (b) This subchapter provides complete authority to a
17-26 district to develop and maintain recreational facilities.
17-27 Sec. 49.462. DEFINITIONS. In this subchapter:
18-1 (1) "Recreational facilities" means parks,
18-2 landscaping, parkways, greenbelts, sidewalks, trails, public
18-3 right-of-way beautification projects, and recreational equipment
18-4 and facilities. The term includes associated street and security
18-5 lighting.
18-6 (2) "Develop and maintain" means to acquire, own,
18-7 develop, construct, improve, manage, maintain, and operate.
18-8 Sec. 49.463. AUTHORIZATION OF RECREATIONAL FACILITIES. In
18-9 addition to the other purposes for which a district is created, a
18-10 district is created for the purpose of developing and maintaining
18-11 recreational facilities for the people in the district. A district
18-12 may accomplish this purpose as provided in this subchapter.
18-13 Sec. 49.464. ACQUISITION OF AND PAYMENT FOR RECREATIONAL
18-14 FACILITIES. (a) A district may not issue bonds supported by ad
18-15 valorem taxes to pay for the development and maintenance of
18-16 recreational facilities.
18-17 (b) Except as provided by Subsection (a), a district may
18-18 acquire recreational facilities and obtain funds to develop and
18-19 maintain them in the same manner as authorized elsewhere in this
18-20 code for the acquisition, development, and maintenance of other
18-21 district facilities. A district may charge fees directly to the
18-22 users of recreational facilities and to water and wastewater
18-23 customers of the district to pay for all or part of the cost of
18-24 their development and maintenance. To enforce payment of an unpaid
18-25 fee charged under this subsection, the district may:
18-26 (1) seek legal restitution of the unpaid fee; and
18-27 (2) refuse use of a recreational facility to the
19-1 person who owes the unpaid fee.
19-2 (c) The district may not refuse use of facilities or
19-3 services other than recreational facilities to enforce an unpaid
19-4 fee.
19-5 Sec. 49.465. STANDARDS. The board by rule shall establish
19-6 standards for recreational facilities to be developed and
19-7 maintained by a district and for the allocation of a district's
19-8 funds for developing and maintaining recreational facilities in
19-9 relation to a district's financial requirements for other purposes.
19-10 To prevent duplication of recreational facilities provided by other
19-11 governmental entities, rules adopted by the board under this
19-12 subsection must require a district, before developing recreational
19-13 facilities, to make findings that the size and location of the
19-14 facilities have been established in consideration of municipal or
19-15 county recreational facilities, whether existing or proposed, that
19-16 serve or will serve the area in which the district is located.
19-17 SECTION 25. Section 51.013(a), Water Code, is amended to read
19-18 as follows:
19-19 (a) A petition requesting creation of a district shall be
19-20 signed by a majority of the persons who hold title to land in the
19-21 proposed district which represents a total value of more than 50
19-22 percent of the value of all the land in the proposed district as
19-23 indicated by the [county] tax rolls of the central appraisal
19-24 district. If there are more than 50 persons holding title to land
19-25 in the proposed district, the petition is sufficient if signed by
19-26 50 of them.
19-27 SECTION 26. Subchapter D, Chapter 51, Water Code, is amended
20-1 by adding Section 51.122 to read as follows:
20-2 Sec. 51.122. ADOPTING RULES AND REGULATIONS. A district may
20-3 adopt and enforce reasonable rules and regulations to:
20-4 (1) secure and maintain safe, sanitary, and adequate
20-5 plumbing installations, connections, and appurtenances as
20-6 subsidiary parts of the district's sanitary sewer system;
20-7 (2) preserve the sanitary condition of all water
20-8 controlled by the district;
20-9 (3) prevent waste or the unauthorized use of water
20-10 controlled by the district;
20-11 (4) regulate privileges on any land or any easement
20-12 owned or controlled by the district; or
20-13 (5) provide and regulate a safe and adequate
20-14 freshwater distribution system.
20-15 SECTION 27. Chapter 51, Water Code, is amended by adding
20-16 Subchapter E to read as follows:
20-17 SUBCHAPTER E. ENFORCEMENT
20-18 Sec. 51.221. PENALTY FOR VIOLATION OF REGULATION. A person
20-19 who violates a regulation adopted by a district under this chapter
20-20 or other law commits an offense. An offense under this section is
20-21 a Class C misdemeanor.
20-22 SECTION 28. Section 53.021, Water Code, is amended to read as
20-23 follows:
20-24 Sec. 53.021. OFFICERS TO BE ELECTED. In the election, five
20-25 supervisors [and the tax assessor and collector] are elected.
20-26 SECTION 29. Section 54.014, Water Code, is amended to read as
20-27 follows:
21-1 Sec. 54.014. PETITION. When it is proposed to create a
21-2 district, a petition requesting creation shall be filed with the
21-3 commission. The petition shall be signed by a majority in value of
21-4 the holders of title of the land within the proposed district, as
21-5 indicated by the [county] tax rolls of the central appraisal
21-6 district. If there are more than 50 persons holding title to the
21-7 land in the proposed district, as indicated by the [county] tax
21-8 rolls of the central appraisal district, the petition is sufficient
21-9 if it is signed by 50 holders of title to the land.
21-10 SECTION 30. Section 54.236, Water Code, is amended to read as
21-11 follows:
21-12 Sec. 54.236. STREET OR SECURITY LIGHTING. Subject to the
21-13 provisions of this section, a district may purchase, install
21-14 [accept], operate, and maintain street lighting or security
21-15 lighting within public utility easements or public rights-of-way
21-16 within the boundaries of the district. [Such street or security
21-17 lighting facilities must have been constructed by an owner or
21-18 developer of property within the district and must have been
21-19 required by a city as a condition to the city granting its consent
21-20 to the creation of the district pursuant to Section 54.016 of this
21-21 code.] A district may not issue bonds supported by ad valorem
21-22 taxes to pay for the purchase, installation, [development] and
21-23 maintenance of street or security lighting.
21-24 SECTION 31. Section 54.772(1), Water Code, is amended to read
21-25 as follows:
21-26 (1) "Recreational facilities" means parks,
21-27 landscaping, parkways, greenbelts, sidewalks, trails, public
22-1 right-of-way beautification projects, and recreational equipment
22-2 and facilities. The term includes associated street and security
22-3 lighting.
22-4 SECTION 32. Section 54.774(a), Water Code, is amended to read
22-5 as follows:
22-6 (a) A district may not issue bonds supported by ad valorem
22-7 taxes to pay for the development and maintenance of recreational
22-8 facilities.
22-9 SECTION 33. Section 57.092(a), Water Code, is amended to read
22-10 as follows:
22-11 (a) The district may enter into all necessary and proper
22-12 contracts and employ all persons and means necessary to purchase,
22-13 acquire, build, construct, complete, carry out, maintain, protect,
22-14 and in case of necessity, add to and rebuild, all works and
22-15 improvements [within the district] necessary or proper to fully
22-16 accomplish a reclamation plan lawfully adopted for the district.
22-17 SECTION 34. Subchapter D, Chapter 57, Water Code, is amended
22-18 by adding Section 57.093 to read as follows:
22-19 Sec. 57.093. ADOPTING RULES AND REGULATIONS. A district may
22-20 adopt and enforce reasonable rules and regulations to:
22-21 (1) preserve the sanitary condition of all water
22-22 controlled by the district;
22-23 (2) prevent waste or the unauthorized use of water
22-24 controlled by the district; or
22-25 (3) regulate privileges on any land or any easement
22-26 owned or controlled by the district.
22-27 SECTION 35. Subchapter Z, Chapter 402, Local Government Code,
23-1 is amended by adding Section 402.908 to read as follows:
23-2 Sec. 402.908. SALE OF WATER OR SEWER SYSTEM. A
23-3 municipality, without an election, may sell to a water district
23-4 operating under the authority of Section 59, Article XVI, Texas
23-5 Constitution, a water or sewer system owned by the municipality.
23-6 SECTION 36. Section 53.024, Water Code, is repealed.
23-7 SECTION 37. This Act takes effect immediately if it receives
23-8 a vote of two-thirds of all the members elected to each house, as
23-9 provided by Section 39, Article III, Texas Constitution. If this
23-10 Act does not receive the vote necessary for immediate effect, this
23-11 Act takes effect September 1, 2001.