1-1 By: Brown S.B. No. 1444
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 9, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 9, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1444 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the general powers and authority of water districts;
1-11 providing a penalty.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (d), Section 49.054, Water Code, is
1-14 amended to read as follows:
1-15 (d) If the board appoints a director to serve as treasurer,
1-16 that director is not subject to the investment officer training
1-17 requirements of Chapter 2256 [Section 2256.007], Government Code,
1-18 unless the director is also appointed as the district's investment
1-19 officer under Chapter 2256, Government Code.
1-20 SECTION 2. Subsection (a), Section 49.057, Water Code, is
1-21 amended to read as follows:
1-22 (a) The board shall be responsible for the management of all
1-23 the affairs of the district. The district shall employ or contract
1-24 with all persons, firms, partnerships, corporations, or other
1-25 entities, public or private, deemed necessary by the board for the
1-26 conduct of the affairs of the district, including, but not limited
1-27 to, engineers, attorneys, financial advisors, operators,
1-28 bookkeepers, tax assessors and collectors, auditors, and
1-29 administrative staff. The board may appoint an employee of a firm,
1-30 partnership, corporation, or other entity with which the district
1-31 has contracted to serve as the investment officer of the district
1-32 under Chapter 2256 [Section 2256.007], Government Code.
1-33 SECTION 3. Subsection (a), Section 49.060, Water Code, is
1-34 amended to read as follows:
1-35 (a) A director is entitled to receive fees of office of not
1-36 more than $150 [$100] a day for each day the director actually
1-37 spends performing the duties of a director. The fees of office may
1-38 not exceed $6,000 per annum except for directors of a special water
1-39 authority which is engaged in the distribution and sale of electric
1-40 energy to the public.
1-41 SECTION 4. Section 49.102, Water Code, is amended by adding
1-42 a new Subsection (i) and redesignating existing Subsection (i) as
1-43 Subsection (j) to read as follows:
1-44 (i) A district, at an election required under Subsection
1-45 (a), may submit to the qualified voters of the district the
1-46 proposition of whether a plan as authorized by Section 49.351
1-47 should be implemented or entered into by the district.
1-48 (j) The provisions of this section shall not be applicable
1-49 to any district exercising the powers of Chapter 375, Local
1-50 Government Code, or any district created by a special Act of the
1-51 legislature that does not require a confirmation election.
1-52 SECTION 5. Section 49.106, Water Code, is amended by adding
1-53 Subsection (e) to read as follows:
1-54 (e) A district's authorization to issue bonds resulting from
1-55 an election held under this section, or any other law that allows
1-56 for the qualified voters of a district to authorize the issuance of
1-57 bonds by a district, remains in effect after the election unless
1-58 the district is dissolved or is annexed by another district.
1-59 SECTION 6. Section 49.107, Water Code, is amended by adding
1-60 Subsection (g) to read as follows:
1-61 (g) Sections 26.04, 26.05, and 26.07, Tax Code, do not apply
1-62 to a tax levied and collected under this section or an ad valorem
1-63 tax levied and collected for the payment of the interest on and
1-64 principal of bonds issued by a district.
2-1 SECTION 7. Section 49.108, Water Code, is amended by adding
2-2 Subsection (f) to read as follows:
2-3 (f) Sections 26.04, 26.05, and 26.07, Tax Code, do not apply
2-4 to a tax levied and collected for payments made under a contract
2-5 approved in accordance with this section.
2-6 SECTION 8. Subsection (c), Section 49.151, Water Code, is
2-7 amended to read as follows:
2-8 (c) The board may [by resolution] allow disbursements of
2-9 district money to be transferred by federal reserve wire system.
2-10 The board by resolution may allow the wire transfers to accounts in
2-11 the name of the district or accounts not in the name of the
2-12 district.
2-13 SECTION 9. Subsection (a), Section 49.155, Water Code, is
2-14 amended to read as follows:
2-15 (a) The district may pay out of bond proceeds or other
2-16 available funds of the district all expenses of the district
2-17 authorized by this section, including expenses reasonable and
2-18 necessary to effect the issuance, sale, and delivery of bonds as
2-19 determined by the board, including, but not limited to, the
2-20 following:
2-21 (1) interest during construction [not to exceed three
2-22 years after acceptance of the project];
2-23 (2) capitalized interest not to exceed three years'
2-24 interest;
2-25 (3) reasonable and necessary reserve funds not to
2-26 exceed two years' interest on the bonds;
2-27 (4) interest on funds advanced to the district;
2-28 (5) financial advisor, bond counsel, attorney, and
2-29 other consultant fees;
2-30 (6) paying agent, registrar, and escrow agent fees;
2-31 (7) right-of-way acquisition;
2-32 (8) underwriter's discounts or premiums;
2-33 (9) engineering fees, including surveying expenses and
2-34 plan review fees;
2-35 (10) commission and attorney general fees;
2-36 (11) printing costs;
2-37 (12) all organizational, administrative, and operating
2-38 costs during creation and construction periods;
2-39 (13) the cost of investigation and making plans,
2-40 including preliminary plans and associated engineering reports;
2-41 (14) land required for stormwater control;
2-42 (15) costs associated with requirements for federal
2-43 stormwater permits; and
2-44 (16) costs associated with requirements for endangered
2-45 species permits.
2-46 SECTION 10. Subsection (b), Section 49.183, Water Code, is
2-47 amended to read as follows:
2-48 (b) Except for refunding bonds, or bonds sold to a state or
2-49 federal agency, [after any bonds are finally approved and] before
2-50 any bonds [they] are sold by a district, the board shall publish an
2-51 appropriate notice of the sale:
2-52 (1) at least one time not less than 10 days before the
2-53 date of sale in a newspaper of general circulation in the county or
2-54 counties in which the district is located; and
2-55 (2) at least one time in one or more recognized
2-56 financial publications of general circulation in the state as
2-57 approved by the state attorney general.
2-58 SECTION 11. Section 49.184, Water Code, is amended by adding
2-59 Subsection (f) to read as follows:
2-60 (f) In any proceeding concerning the validity of the
2-61 creation of a district or the annexation of property by a district,
2-62 a certificate of ownership as certified by the central appraisal
2-63 district of the county or counties in which the property is located
2-64 creates a presumption of ownership, and additional proof of
2-65 ownership is not required unless there is substantial evidence in
2-66 the official deed records of the county in which the property is
2-67 located to rebut the presumption. On request by a district, the
2-68 central appraisal district of the county or counties in which the
2-69 district is located shall furnish certificates of ownership and may
3-1 charge reasonable fees to recover the actual costs incurred in
3-2 preparing the certificates.
3-3 SECTION 12. Section 49.212, Water Code, is amended by
3-4 amending Subsection (a) and adding Subsection (e) to read as
3-5 follows:
3-6 (a) A district may adopt and enforce all necessary charges,
3-7 mandatory fees, or rentals, in addition to taxes, for providing or
3-8 making available any district facility or service, including
3-9 fire-fighting activities provided under Section 49.351.
3-10 (e) Chapter 2007, Government Code, does not apply to a tax
3-11 levied, a standby fee imposed, or a charge, fee, or rental adopted
3-12 or enforced by a district under this chapter, another chapter of
3-13 this code, or Chapter 395, Local Government Code.
3-14 SECTION 13. Section 49.218, Water Code, is amended by adding
3-15 a new Subsection (d), relettering existing Subsection (d) as
3-16 Subsection (f), and adding Subsections (e) and (g) to read as
3-17 follows:
3-18 (d) A district or water supply corporation may require a
3-19 service applicant, as a condition of service, to grant a permanent
3-20 recorded easement dedicated to the district or water supply
3-21 corporation that will provide a reasonable right of access and use
3-22 to allow the district or water supply corporation to construct,
3-23 install, maintain, replace, upgrade, inspect, and test any
3-24 facilities necessary to serve that applicant as well as other
3-25 customers of the district or water supply corporation.
3-26 (e) As a condition of service to a new subdivision, a
3-27 district or water supply corporation may require a developer to
3-28 provide permanent recorded easements to and throughout the
3-29 subdivision sufficient to construct, install, maintain, replace,
3-30 upgrade, inspect, and test any facilities necessary to serve the
3-31 subdivision's anticipated service demands on full occupancy.
3-32 (f) A district or water supply corporation may also lease
3-33 property from others for its use on such terms and conditions as
3-34 the board of the district or the board of directors of the water
3-35 supply corporation may determine to be advantageous.
3-36 (g) Property acquired under this section, or any other law
3-37 allowing the acquisition of property by a district or water supply
3-38 corporation, and owned by a district or water supply corporation is
3-39 not subject to assessments, charges, fees, or dues imposed by a
3-40 nonprofit corporation under Chapter 204, Property Code.
3-41 SECTION 14. Section 49.226, Water Code, is amended to read
3-42 as follows:
3-43 Sec. 49.226. SALE OR EXCHANGE OF REAL [SURPLUS LAND] OR
3-44 PERSONAL PROPERTY. (a) Any personal property valued at more than
3-45 $300 or any land or interest in land owned by the district which is
3-46 found by the board to be surplus and is not needed by the district
3-47 may be sold under order of the board either by public or private
3-48 sale, or the land, interest in land, or personal property may be
3-49 exchanged for other land, interest in land, or personal property
3-50 needed by the district. Except as provided in Subsection (b),
3-51 land, interest in land, or personal property must be exchanged for
3-52 like fair market value, which value may be determined by the
3-53 district.
3-54 (b) Any property dedicated to or acquired by the district
3-55 without expending district funds may be abandoned or released to
3-56 the original grantor, the grantor's heirs, assigns, executors, or
3-57 successors upon terms and conditions deemed necessary or
3-58 advantageous to the district and without receiving compensation for
3-59 such abandonment or release. District property may also be
3-60 abandoned, released, exchanged, or transferred to another district,
3-61 municipality, county, countywide agency, or authority upon terms
3-62 and conditions deemed necessary or advantageous to the district.
3-63 Narrow strips of property resulting from boundary or surveying
3-64 conflicts or similar causes, or from insubstantial encroachments by
3-65 abutting property owners, or property of larger configuration that
3-66 has been subject to encroachments by abutting property owners for
3-67 more than 25 years may be abandoned, released, exchanged, or
3-68 transferred to such abutting owners upon terms and conditions
3-69 deemed necessary or advantageous to the district. Chapter 272,
4-1 Local Government Code, does [shall] not apply to this section
4-2 [subsection].
4-3 (c) Before either a public or a private sale of real
4-4 property [not required by the district], the district shall give
4-5 notice of the intent to sell by publishing notice once a week for
4-6 two consecutive weeks in one or more newspapers with general
4-7 circulation in the district.
4-8 (d) If the district has outstanding bonds secured by a
4-9 pledge of tax revenues, the proceeds of the sale of property [not
4-10 required by the district] shall be applied to retire outstanding
4-11 bonds of the district [when required by the district's applicable
4-12 bond resolutions].
4-13 (e) If the district does not have any outstanding bonds, the
4-14 proceeds derived from the sale of real or [the] personal property
4-15 [or land not required by the district] may be used for any lawful
4-16 purpose.
4-17 SECTION 15. Subchapter H, Chapter 49, Water Code, is amended
4-18 by adding Section 49.234 to read as follows:
4-19 Sec. 49.234. SEWER CONNECTIONS. (a) A district may:
4-20 (1) provide for a sanitary sewer system; and
4-21 (2) require property owners to connect to the sewer
4-22 system.
4-23 (b) A district may not require a property owner who has
4-24 installed an on-site wastewater holding or treatment facility
4-25 before the creation of the district to connect to the district's
4-26 sewer system, unless:
4-27 (1) the on-site wastewater holding or treatment
4-28 facility is inadequate, failing, or not in compliance with
4-29 applicable government regulations:
4-30 (2) the district pays the costs of the connection to
4-31 the district's sewer system; or
4-32 (3) the connection to the district's sewer system is
4-33 required at the time that a property owner is replacing or
4-34 enlarging an on-site wastewater holding or treatment facility.
4-35 SECTION 16. Subsection (c), Section 49.271, Water Code, is
4-36 amended to read as follows:
4-37 (c) The district may adopt minimum criteria for the
4-38 qualifications of bidders on its construction contracts and for
4-39 sureties issuing payment and performance bonds. For construction
4-40 contracts over $25,000, the district shall require a person who
4-41 bids to submit a certified or cashier's check on a responsible bank
4-42 in the state equal to at least two percent of the total amount of
4-43 the bid, or a bid bond of at least two percent of the total amount
4-44 of the bid issued by a surety legally authorized to do business in
4-45 this state, as a good faith deposit to ensure execution of the
4-46 contract. If the successful bidder fails or refuses to enter into
4-47 a proper contract with the district, or fails or refuses to furnish
4-48 the payment and performance bonds [bond] required by law, the
4-49 bidder forfeits the deposit. The payment, performance, and bid
4-50 bonding requirements of this subsection do not apply to a contract
4-51 for the purchase of equipment, materials, or machinery not
4-52 otherwise incorporated into a construction project.
4-53 SECTION 17. Subsections (i) and (j), Section 49.273, Water
4-54 Code, are amended to read as follows:
4-55 (i) If changes in plans or specifications are necessary
4-56 after the performance of the contract is begun, or if it is
4-57 necessary to decrease or increase the quantity of the work to be
4-58 performed or of the materials, equipment, or supplies to be
4-59 furnished, the board may approve change orders making the changes.
4-60 The aggregate of the change orders may not increase the original
4-61 contract price by more than 10 percent. Additional change [Change]
4-62 orders [to contracts] may be issued only as a result of
4-63 unanticipated conditions encountered during construction, repair,
4-64 or renovation or changes in regulatory criteria or to facilitate
4-65 project coordination with other political entities.
4-66 (j) The board is not required to advertise or seek
4-67 competitive bids for the repair of district facilities if the scope
4-68 or extent of the repair work cannot be readily ascertained or if
4-69 the nature of the repair work does not readily lend itself to
5-1 competitive bidding [by the district's operator if the cost of the
5-2 repair is less than or equal to the advertising requirements of
5-3 this section].
5-4 SECTION 18. Subchapter I, Chapter 49, Water Code, is amended
5-5 by adding Section 49.279 to read as follows:
5-6 Sec. 49.279. PREVAILING WAGE RATES. In addition to the
5-7 alternative procedures provided by Section 2258.022, Government
5-8 Code:
5-9 (1) a district located wholly or partially within one
5-10 or more municipalities or within the extraterritorial jurisdiction
5-11 of one or more municipalities may determine its prevailing wage
5-12 rate for public works by adopting the prevailing wage rate of:
5-13 (A) one of the municipalities; or
5-14 (B) the county in which the district is located,
5-15 or if the county in which the district is located has not adopted a
5-16 wage rate, the prevailing wage rate of a county adjacent to the
5-17 county in which the district is located; and
5-18 (2) a district not located wholly or partially within
5-19 the extraterritorial jurisdiction of a municipality may determine
5-20 the district's prevailing wage rate by adopting the prevailing wage
5-21 rate of the county in which the district is located or, if the
5-22 county in which the district is located has not adopted a wage
5-23 rate, the wage rate of a county adjacent to the county in which the
5-24 district is located.
5-25 SECTION 19. Subsection (b), Section 49.302, Water Code, is
5-26 amended to read as follows:
5-27 (b) A petition requesting the annexation of a defined area
5-28 signed by a majority in value of the owners of land in the defined
5-29 area, as shown by the tax rolls of the central appraisal district
5-30 of the county or counties in which such area is located, or signed
5-31 by 50 landowners if the number of landowners is more than 50, shall
5-32 describe the land by metes and bounds or by lot and block number if
5-33 there is a recorded plat of the area and shall be filed with the
5-34 secretary of the board.
5-35 SECTION 20. Subsection (a), Section 49.304, Water Code, is
5-36 amended to read as follows:
5-37 (a) If the board determines that an exclusion hearing should
5-38 be held as provided by Section 49.303(a) or (c), or if a written
5-39 petition requesting an exclusion hearing is filed with the
5-40 secretary of the board as provided by [in] Section 49.303(b)
5-41 [49.303], the board shall give notice of the time and place of a
5-42 hearing to announce its own conclusions relating to land or other
5-43 property to be excluded and to receive petitions for exclusion of
5-44 land or other property.
5-45 SECTION 21. Subchapter J, Chapter 49, Water Code, is amended
5-46 by adding Section 49.315 to read as follows:
5-47 Sec. 49.315. ADDING AND EXCLUDING LAND BEFORE CONFIRMATION.
5-48 (a) A district may add or exclude land in accordance with this
5-49 subchapter:
5-50 (1) after a district is created by order of the
5-51 commission or another governmental entity or by special Act of the
5-52 legislature; and
5-53 (2) before a confirmation election is held as required
5-54 by Section 49.102.
5-55 (b) If land is added or excluded as provided by this
5-56 section, the election to confirm the district required by Section
5-57 49.102 shall be to confirm the district as modified.
5-58 SECTION 22. Section 49.327, Water Code, is amended to read
5-59 as follows:
5-60 Sec. 49.327. ASSETS ESCHEAT TO STATE. (a) Upon the
5-61 dissolution of a district by the commission, all assets of the
5-62 district shall escheat to the State of Texas. The assets shall be
5-63 administered by the comptroller and shall be disposed of in the
5-64 manner provided by Chapter 74, Property Code.
5-65 (b) Title 6, Property Code, does not apply to any personal
5-66 property held by a district that has not been dissolved by order of
5-67 the commission.
5-68 SECTION 23. Section 49.351, Water Code, is amended by
5-69 amending Subsections (a), (b), and (c) and (g) through (j) and
6-1 adding Subsection (l) to read as follows:
6-2 (a) A district providing potable water or sewer service to
6-3 household users may establish, operate, and maintain a fire
6-4 department to perform all fire-fighting activities within the
6-5 district as provided in this subchapter and may issue bonds or
6-6 impose a mandatory fee, with voter approval, [bonds] for financing
6-7 a plan approved in accordance with this section, [the establishment
6-8 of the fire department] including the construction and purchase of
6-9 necessary buildings, facilities, land, and equipment and the
6-10 provision of an adequate water supply.
6-11 (b) After approval of the district electors of a plan to
6-12 operate, [or] jointly operate, or jointly fund the operation of a
6-13 fire department, and after complying with Subsections (g), (h), and
6-14 (i), the district or districts shall provide an adequate system and
6-15 water supply for fire-fighting purposes, may purchase necessary
6-16 land, may construct and purchase necessary buildings, facilities,
6-17 and equipment, and may employ or contract with a fire department to
6-18 employ all necessary personnel including supervisory personnel to
6-19 operate the fire department.
6-20 (c) Bonds [issued] for financing a plan approved in
6-21 accordance with this section [establishment of the fire department]
6-22 shall be authorized and may be issued, and a district shall be
6-23 authorized to levy a tax to pay the principal of and interest on
6-24 such bonds, as provided by law for authorization and issuance of
6-25 other bonds of the district.
6-26 (g) A district or districts proposing to act jointly shall
6-27 develop a detailed plan for the establishment, operation, and
6-28 maintenance of the proposed department, including a detailed
6-29 presentation of all financial requirements. If a district is
6-30 entering into a contract under Subsection (e), the district shall
6-31 develop a plan that describes [in detail] the contract and
6-32 [facilities and equipment to be devoted to service to the district
6-33 and all proposals for providing the service and that] includes a
6-34 presentation of the financial requirements under the contract. A
6-35 plan required by this subsection may be included in a plan or
6-36 report otherwise required by this title for the creation of a
6-37 district or may be submitted to the commission for approval at any
6-38 time after the creation of the district. [Before adoption of a
6-39 plan and any contract by the district, the board shall hold a
6-40 hearing at which any person residing in the district may present
6-41 testimony for and against the proposed plan and any proposed
6-42 contract. Notice of the hearing and the place at which the plan
6-43 and any contract may be examined shall be posted in two public
6-44 places within the district at least 10 days before the date of the
6-45 hearing.]
6-46 (h) If a plan was not approved by the commission at the time
6-47 of the district's creation, after [After] adoption of the plan and
6-48 any contract by the board, the plan and financial presentation,
6-49 together with any contract and a written report in a form
6-50 prescribed by the executive director describing existing fire
6-51 departments and fire-fighting services available within 25 miles of
6-52 the boundaries of the district, shall be submitted to the executive
6-53 director for consideration by the commission under rules adopted by
6-54 the commission. [Before approval or disapproval, the commission
6-55 shall hold a hearing. Notice of the hearing before the commission
6-56 shall be posted by the board in at least two public places in the
6-57 district at least five days before the hearing.] Before the
6-58 commission approves the application, it must find that it is
6-59 economically feasible for the district to implement the plan and
6-60 meet the provisions of any contract and shall take into
6-61 consideration in giving its approval the general financial
6-62 condition of the district and the economic feasibility of the
6-63 district carrying out the plan or meeting the obligations of the
6-64 contract. A plan approved by the commission as part of the
6-65 creation of a district does not require further commission approval
6-66 unless the district materially alters the plan.
6-67 (i) After approval of a plan by the commission, the district
6-68 shall submit to the electors of the district at the election to
6-69 approve bonds or to impose a mandatory fee for financing the plan,
7-1 or if no bonds or fees are to be approved, at an election called
7-2 for approval of the plan, which may be held in conjunction with an
7-3 election required by Section 49.102, the proposition of whether or
7-4 not the plan should be implemented or entered into by the district.
7-5 The ballots at the election shall be printed, as applicable, to
7-6 provide for voting for or against the proposition: "The
7-7 implementation of the plan for (operation/joint operation) of a
7-8 fire department"; or "The plan and contract to provide
7-9 fire-fighting services for the district."
7-10 (j) [No funds of the district may be used to establish a
7-11 fire department, to enter into joint operation of a fire
7-12 department, or to contract for fire-fighting services without the
7-13 approval of a plan by the electors as provided in this section.
7-14 However, the district may use available funds for preparation of a
7-15 plan and any contract.] The operation of a fire department or
7-16 provision of fire-fighting services is an essential public
7-17 necessity, and a district may discontinue any and all services,
7-18 including water and sewer service, to any person who fails to
7-19 timely pay fire department service fees or any other assessment
7-20 adopted by the district to support the fire department or the
7-21 provision of fire-fighting services.
7-22 (l) Notwithstanding the requirements of Subsections (a)-(j),
7-23 a district providing potable water or sewer service to household
7-24 users may as part of its billing process collect from its customers
7-25 a voluntary contribution on behalf of organizations providing
7-26 fire-fighting activities to the district. A district that chooses
7-27 to collect a voluntary contribution under this subsection must give
7-28 reasonable notice to its customers that the contribution is
7-29 voluntary. Water and sewer service may not be terminated as a
7-30 result of failure to pay the voluntary contribution.
7-31 SECTION 24. Chapter 49, Water Code, is amended by adding
7-32 Subchapter N to read as follows:
7-33 SUBCHAPTER N. RECREATIONAL FACILITIES
7-34 Sec. 49.461. POLICY AND PURPOSE. (a) The legislature finds
7-35 that:
7-36 (1) the provision of parks and recreational facilities
7-37 is necessary and desirable for the health and well-being of the
7-38 people of this state;
7-39 (2) it is the policy of the state and the purpose of
7-40 this subchapter to encourage persons in districts to provide parks
7-41 and recreational facilities for their use and benefit;
7-42 (3) within constitutional limitations, the power to
7-43 enact laws vested in the legislature by Section 1, Article III,
7-44 Texas Constitution, is supreme;
7-45 (4) there is no constitutional inhibition that would
7-46 prohibit the legislature from authorizing districts to acquire,
7-47 own, develop, construct, improve, manage, operate, and maintain
7-48 parks and recreational facilities; and
7-49 (5) the general legislative power alone is adequate to
7-50 support the enactment of this subchapter without reference to any
7-51 specific constitutional authorization.
7-52 (b) This subchapter provides complete authority to a
7-53 district to develop and maintain recreational facilities.
7-54 Sec. 49.462. DEFINITIONS. In this subchapter:
7-55 (1) "Recreational facilities" means parks,
7-56 landscaping, parkways, greenbelts, sidewalks, trails, public
7-57 right-of-way beautification projects, and recreational equipment
7-58 and facilities. The term includes associated street and security
7-59 lighting.
7-60 (2) "Develop and maintain" means to acquire, own,
7-61 develop, construct, improve, manage, maintain, and operate.
7-62 Sec. 49.463. AUTHORIZATION OF RECREATIONAL FACILITIES. In
7-63 addition to the other purposes for which a district is created, a
7-64 district is created for the purpose of developing and maintaining
7-65 recreational facilities for the people in the district. A district
7-66 may accomplish this purpose as provided in this subchapter.
7-67 Sec. 49.464. ACQUISITION OF AND PAYMENT FOR RECREATIONAL
7-68 FACILITIES. (a) A district may not issue bonds supported by ad
7-69 valorem taxes to pay for the development and maintenance of
8-1 recreational facilities.
8-2 (b) Except as provided by Subsection (a), a district may
8-3 acquire recreational facilities and obtain funds to develop and
8-4 maintain them in the same manner as authorized elsewhere in this
8-5 code for the acquisition, development, and maintenance of other
8-6 district facilities. A district may charge fees directly to the
8-7 users of recreational facilities and to water and wastewater
8-8 customers of the district to pay for all or part of the cost of
8-9 their development and maintenance. To enforce payment of an unpaid
8-10 fee charged under this subsection, the district may:
8-11 (1) seek legal restitution of the unpaid fee; and
8-12 (2) refuse use of a recreational facility to the
8-13 person who owes the unpaid fee.
8-14 (c) The district may not refuse use of facilities or
8-15 services other than recreational facilities to enforce an unpaid
8-16 fee.
8-17 Sec. 49.465. STANDARDS. The board by rule shall establish
8-18 standards for recreational facilities to be developed and
8-19 maintained by a district and for the allocation of a district's
8-20 funds for developing and maintaining recreational facilities in
8-21 relation to a district's financial requirements for other purposes.
8-22 To prevent duplication of recreational facilities provided by other
8-23 governmental entities, rules adopted by the board under this
8-24 section must require a district, before developing recreational
8-25 facilities, to make findings that the size and location of the
8-26 facilities have been established in consideration of municipal or
8-27 county recreational facilities, whether existing or proposed, that
8-28 serve or will serve the area in which the district is located.
8-29 SECTION 25. Subsection (a), Section 51.013, Water Code, is
8-30 amended to read as follows:
8-31 (a) A petition requesting creation of a district shall be
8-32 signed by a majority of the persons who hold title to land in the
8-33 proposed district which represents a total value of more than 50
8-34 percent of the value of all the land in the proposed district as
8-35 indicated by the [county] tax rolls of the central appraisal
8-36 district. If there are more than 50 persons holding title to land
8-37 in the proposed district, the petition is sufficient if signed by
8-38 50 of them.
8-39 SECTION 26. Subchapter D, Chapter 51, Water Code, is amended
8-40 by adding Section 51.122 to read as follows:
8-41 Sec. 51.122. ADOPTING RULES AND REGULATIONS. A district may
8-42 adopt and enforce reasonable rules and regulations to:
8-43 (1) secure and maintain safe, sanitary, and adequate
8-44 plumbing installations, connections, and appurtenances as
8-45 subsidiary parts of the district's sanitary sewer system;
8-46 (2) preserve the sanitary condition of all water
8-47 controlled by the district;
8-48 (3) prevent waste or the unauthorized use of water
8-49 controlled by the district;
8-50 (4) regulate privileges on any land or any easement
8-51 owned or controlled by the district; or
8-52 (5) provide and regulate a safe and adequate
8-53 freshwater distribution system.
8-54 SECTION 27. Chapter 51, Water Code, is amended by adding
8-55 Subchapter E to read as follows:
8-56 SUBCHAPTER E. ENFORCEMENT
8-57 Sec. 51.221. PENALTY FOR VIOLATION OF REGULATION. A person
8-58 who violates a regulation adopted by a district under this chapter
8-59 or other law commits an offense. An offense under this section is
8-60 a Class C misdemeanor.
8-61 SECTION 28. Section 53.021, Water Code, is amended to read
8-62 as follows:
8-63 Sec. 53.021. OFFICERS TO BE ELECTED. In the election, five
8-64 supervisors [and the tax assessor and collector] are elected.
8-65 SECTION 29. Section 54.014, Water Code, is amended to read
8-66 as follows:
8-67 Sec. 54.014. PETITION. When it is proposed to create a
8-68 district, a petition requesting creation shall be filed with the
8-69 commission. The petition shall be signed by a majority in value of
9-1 the holders of title of the land within the proposed district, as
9-2 indicated by the [county] tax rolls of the central appraisal
9-3 district. If there are more than 50 persons holding title to the
9-4 land in the proposed district, as indicated by the [county] tax
9-5 rolls of the central appraisal district, the petition is sufficient
9-6 if it is signed by 50 holders of title to the land.
9-7 SECTION 30. Section 54.236, Water Code, is amended to read
9-8 as follows:
9-9 Sec. 54.236. Street or Security Lighting. Subject to the
9-10 provisions of this section, a district may purchase, install
9-11 [accept], operate, and maintain street lighting or security
9-12 lighting within public utility easements or public rights-of-way
9-13 within the boundaries of the district. [Such street or security
9-14 lighting facilities must have been constructed by an owner or
9-15 developer of property within the district and must have been
9-16 required by a city as a condition to the city granting its consent
9-17 to the creation of the district pursuant to Section 54.016 of this
9-18 code.] A district may not issue bonds supported by ad valorem
9-19 taxes to pay for the purchase, installation, [development] and
9-20 maintenance of street or security lighting.
9-21 SECTION 31. Subdivision (1), Section 54.772, Water Code, is
9-22 amended to read as follows:
9-23 (1) "Recreational facilities" means parks,
9-24 landscaping, parkways, greenbelts, sidewalks, trails, public
9-25 right-of-way beautification projects, and recreational equipment
9-26 and facilities. The term includes associated street and security
9-27 lighting.
9-28 SECTION 32. Subsection (a), Section 54.774, Water Code, is
9-29 amended to read as follows:
9-30 (a) A district may not issue bonds supported by ad valorem
9-31 taxes to pay for the development and maintenance of recreational
9-32 facilities.
9-33 SECTION 33. Subsection (a), Section 57.092, Water Code, is
9-34 amended to read as follows:
9-35 (a) The district may enter into all necessary and proper
9-36 contracts and employ all persons and means necessary to purchase,
9-37 acquire, build, construct, complete, carry out, maintain, protect,
9-38 and, in case of necessity, add to and rebuild all works and
9-39 improvements [within the district] necessary or proper to fully
9-40 accomplish a reclamation plan lawfully adopted for the district.
9-41 SECTION 34. Subchapter D, Chapter 57, Water Code, is amended
9-42 by adding Section 57.093 to read as follows:
9-43 Sec. 57.093. ADOPTING RULES AND REGULATIONS. A district may
9-44 adopt and enforce reasonable rules and regulations to:
9-45 (1) preserve the sanitary condition of all water
9-46 controlled by the district;
9-47 (2) prevent waste or the unauthorized use of water
9-48 controlled by the district;
9-49 (3) regulate privileges on any land or any easement
9-50 owned or controlled by the district;
9-51 (4) regulate the design and construction of
9-52 improvements and facilities that outfall, connect, or tie into
9-53 district improvements and facilities; or
9-54 (5) require the district's review and approval of
9-55 drainage plans for property within the district.
9-56 SECTION 35. Subchapter Z, Chapter 402, Local Government
9-57 Code, is amended by adding Section 402.908 to read as follows:
9-58 Sec. 402.908. SALE OF WATER OR SEWER SYSTEM. A
9-59 municipality, without an election, may sell to a water district
9-60 operating under the authority of Section 59, Article XVI, Texas
9-61 Constitution, a water or sewer system owned by the municipality.
9-62 SECTION 36. Sections 53.024, 57.152, and 57.153, Water Code,
9-63 are repealed.
9-64 SECTION 37. (a) In this section "district" means a
9-65 conservation and reclamation district created under Section 52,
9-66 Article III, and Section 59, Article XVI, Texas Constitution.
9-67 (b) The following are validated and confirmed in all
9-68 respects:
9-69 (1) the creation of a district and all proceedings
10-1 related to the creation of the district; and
10-2 (2) any act or proceeding of a district, including
10-3 elections, not excepted in this Act, taken two years before the
10-4 effective date of this Act, is validated as of the date on which it
10-5 occurred.
10-6 (c) This section does not:
10-7 (1) apply to an act, a proceeding, a director or other
10-8 official, or a bond or other obligation, the validity of which or
10-9 of whom is the subject of litigation that is pending on the
10-10 effective date of this Act; and
10-11 (2) validate any governmental act or proceeding that,
10-12 under the law of this state at the time the act or proceeding
10-13 occurred, was a misdemeanor or a felony.
10-14 SECTION 38. This Act takes effect immediately if it receives
10-15 a vote of two-thirds of all the members elected to each house, as
10-16 provided by Section 39, Article III, Texas Constitution. If this
10-17 Act does not receive the vote necessary for immediate effect, this
10-18 Act takes effect September 1, 2001.
10-19 * * * * *