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A BILL TO BE ENTITLED
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AN ACT
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relating to the nonsubstantive revision of certain local laws |
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concerning special districts, including conforming amendments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS |
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SECTION 1.01. Subtitle A, Title 3, Special District Local |
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Laws Code, is amended by adding Chapters 1075, 1076, 1087, 1096, |
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1107, 1109, 1110, 1112, 1113, 1114, 1115, 1116, and 1117 to read as |
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follows: |
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CHAPTER 1075. STAMFORD HOSPITAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1075.001. DEFINITIONS |
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Sec. 1075.002. AUTHORITY FOR CREATION |
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Sec. 1075.003. ESSENTIAL PUBLIC FUNCTION |
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Sec. 1075.004. DISTRICT TERRITORY |
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Sec. 1075.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
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STATE OBLIGATION |
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Sec. 1075.006. RESTRICTION ON STATE FINANCIAL |
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ASSISTANCE |
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[Sections 1075.007-1075.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec. 1075.051. BOARD ELECTION; TERM |
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Sec. 1075.052. NOTICE OF ELECTION |
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Sec. 1075.053. BALLOT PETITION |
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Sec. 1075.054. QUALIFICATIONS FOR OFFICE |
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Sec. 1075.055. BOND; RECORD OF BOND AND OATH |
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Sec. 1075.056. BOARD VACANCY |
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Sec. 1075.057. OFFICERS |
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Sec. 1075.058. COMPENSATION; EXPENSES |
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Sec. 1075.059. DISTRICT ADMINISTRATOR; ASSISTANT |
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ADMINISTRATOR |
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Sec. 1075.060. GENERAL DUTIES OF DISTRICT |
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ADMINISTRATOR |
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Sec. 1075.061. EMPLOYEES |
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Sec. 1075.062. RETIREMENT PROGRAM |
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[Sections 1075.063-1075.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 1075.101. DISTRICT RESPONSIBILITY |
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Sec. 1075.102. RESTRICTION ON POLITICAL SUBDIVISION |
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TAXATION AND DEBT |
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Sec. 1075.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
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Sec. 1075.104. HOSPITAL SYSTEM |
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Sec. 1075.105. RULES |
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Sec. 1075.106. PURCHASING AND ACCOUNTING |
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Sec. 1075.107. RATES AND CHARGES |
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Sec. 1075.108. EMINENT DOMAIN |
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Sec. 1075.109. GIFTS AND ENDOWMENTS |
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Sec. 1075.110. CONTRACTS WITH GOVERNMENTAL ENTITIES |
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FOR CARE AND TREATMENT |
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Sec. 1075.111. PAYMENT FOR TREATMENT; PROCEDURES |
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Sec. 1075.112. AUTHORITY TO SUE AND BE SUED |
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[Sections 1075.113-1075.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 1075.151. BUDGET |
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Sec. 1075.152. FISCAL YEAR |
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Sec. 1075.153. AUDIT |
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Sec. 1075.154. FINANCIAL REPORT |
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Sec. 1075.155. DEPOSITORY |
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Sec. 1075.156. AUTHORITY TO BORROW MONEY; SECURITY |
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[Sections 1075.157-1075.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 1075.201. GENERAL OBLIGATION BONDS |
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Sec. 1075.202. TAX TO PAY GENERAL OBLIGATION BONDS |
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Sec. 1075.203. GENERAL OBLIGATION BOND ELECTION |
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Sec. 1075.204. EXECUTION OF GENERAL OBLIGATION BONDS |
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Sec. 1075.205. REFUNDING BONDS |
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Sec. 1075.206. BONDS EXEMPT FROM TAXATION |
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[Sections 1075.207-1075.250 reserved for expansion] |
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SUBCHAPTER F. TAXES |
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Sec. 1075.251. IMPOSITION OF AD VALOREM TAX |
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Sec. 1075.252. TAX RATE |
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CHAPTER 1075. STAMFORD HOSPITAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1075.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Stamford Hospital District. |
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(New.) |
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Sec. 1075.002. AUTHORITY FOR CREATION. The Stamford |
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Hospital District is created under the authority of Section 9, |
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Article IX, Texas Constitution, and has the rights, powers, and |
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duties prescribed by this chapter. (Acts 59th Leg., R.S., Ch. 108, |
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Sec. 1 (part).) |
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Sec. 1075.003. ESSENTIAL PUBLIC FUNCTION. The district |
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performs an essential public function in carrying out the purposes |
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of this chapter. (Acts 59th Leg., R.S., Ch. 108, Sec. 8 (part).) |
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Sec. 1075.004. DISTRICT TERRITORY. The district is |
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composed of the territory described by Section 1a, Chapter 108, |
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Acts of the 59th Legislature, Regular Session, 1965, as amended by |
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Section 1, Chapter 563, Acts of the 63rd Legislature, Regular |
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Session, 1973. (New.) |
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Sec. 1075.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
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OBLIGATION. The support and maintenance of the district may not |
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become a charge against or obligation of this state. (Acts 59th |
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Leg., R.S., Ch. 108, Sec. 18 (part).) |
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Sec. 1075.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
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The legislature may not make a direct appropriation for the |
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construction, maintenance, or improvement of a district facility. |
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(Acts 59th Leg., R.S., Ch. 108, Sec. 18 (part).) |
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[Sections 1075.007-1075.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec. 1075.051. BOARD ELECTION; TERM. (a) The board |
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consists of seven elected directors. |
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(b) Directors serve staggered two-year terms unless |
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four-year terms are established under Section 285.081, Health and |
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Safety Code. |
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(c) The election order must state the time, place, and |
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purpose of the election. (Acts 59th Leg., R.S., Ch. 108, Sec. 4 |
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(part).) |
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Sec. 1075.052. NOTICE OF ELECTION. At least five days |
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before the date of a directors' election, notice of the election |
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must be published one time in a newspaper of general circulation in |
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the district. (Acts 59th Leg., R.S., Ch. 108, Sec. 4 (part).) |
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Sec. 1075.053. BALLOT PETITION. A person who wants to have |
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the person's name printed on the ballot as a candidate for director |
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must file with the board secretary a petition requesting that |
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action. The petition must be: |
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(1) signed by at least 10 registered voters; and |
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(2) filed by the deadline imposed by Section 144.005, |
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Election Code. (Acts 59th Leg., R.S., Ch. 108, Sec. 4 (part).) |
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Sec. 1075.054. QUALIFICATIONS FOR OFFICE. To be eligible |
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to hold office as a director, a person must be a resident |
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property-owning taxpaying voter of the district. (Acts 59th Leg., |
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R.S., Ch. 108, Sec. 4 (part).) |
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Sec. 1075.055. BOND; RECORD OF BOND AND OATH. (a) Each |
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director shall execute a good and sufficient bond for $1,000 that |
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is: |
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(1) payable to the district; and |
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(2) conditioned on the faithful performance of the |
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director's duties. |
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(b) Each director's bond and constitutional oath of office |
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shall be deposited with the district's depository bank for |
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safekeeping. (Acts 59th Leg., R.S., Ch. 108, Sec. 4 (part).) |
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Sec. 1075.056. BOARD VACANCY. If a vacancy occurs in the |
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office of director, the remaining directors by majority vote shall |
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appoint a director for the unexpired term. (Acts 59th Leg., R.S., |
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Ch. 108, Sec. 4 (part).) |
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Sec. 1075.057. OFFICERS. (a) The board shall elect from |
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among its members a president, vice president, secretary, and other |
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officers as in the judgment of the board are necessary. |
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(b) The president is the chief executive officer of the |
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district and has the same right to vote as any other director. |
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(c) If the president is absent or fails and declines to act, |
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the vice president shall perform the president's duties and |
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exercise the president's powers under this chapter. (Acts 59th |
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Leg., R.S., Ch. 108, Sec. 4 (part).) |
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Sec. 1075.058. COMPENSATION; EXPENSES. A director is not |
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entitled to compensation but is entitled to receive actual expenses |
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incurred in attending to district business on approval of the |
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expenses by the remainder of the board. (Acts 59th Leg., R.S., Ch. |
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108, Sec. 4 (part).) |
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Sec. 1075.059. DISTRICT ADMINISTRATOR; ASSISTANT |
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ADMINISTRATOR. (a) The board shall appoint a qualified person as |
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district administrator. |
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(b) The board may appoint an assistant administrator. |
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(c) The district administrator and assistant administrator |
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serve at the will of the board and shall receive the compensation |
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determined by the board. |
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(d) On assuming the duties of district administrator, the |
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administrator shall execute a bond payable to the district in an |
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amount set by the board of not less than $10,000 that: |
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(1) is conditioned on the administrator performing the |
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administrator's duties; and |
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(2) contains any other condition the board requires. |
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(Acts 59th Leg., R.S., Ch. 108, Sec. 5 (part).) |
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Sec. 1075.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
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Subject to any limitations prescribed by the board, the district |
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administrator shall: |
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(1) supervise the work and activities of the district; |
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and |
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(2) direct the affairs of the district. (Acts 59th |
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Leg., R.S., Ch. 108, Sec. 5 (part).) |
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Sec. 1075.061. EMPLOYEES. The board may employ any |
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doctors, technicians, nurses, and other employees as considered |
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necessary for the efficient operation of the district or may |
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provide that the district administrator has the authority to employ |
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those persons. (Acts 59th Leg., R.S., Ch. 108, Sec. 5 (part).) |
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Sec. 1075.062. RETIREMENT PROGRAM. The board may enter |
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into any contract or agreement with this state or the federal |
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government as required to establish or continue a retirement |
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program for the benefit of the district's employees. (Acts 59th |
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Leg., R.S., Ch. 108, Sec. 5 (part).) |
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[Sections 1075.063-1075.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 1075.101. DISTRICT RESPONSIBILITY. The district has |
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full responsibility for: |
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(1) operating all hospital facilities for providing |
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medical and hospital care of indigent persons in the district; and |
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(2) providing medical and hospital care for the |
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district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 108, |
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Secs. 2 (part), 17 (part).) |
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Sec. 1075.102. RESTRICTION ON POLITICAL SUBDIVISION |
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TAXATION AND DEBT. A political subdivision located within the |
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district may not impose a tax or issue bonds or other obligations |
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for hospital purposes or for medical treatment of indigent persons |
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in the district. (Acts 59th Leg., R.S., Ch. 108, Sec. 17 (part).) |
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Sec. 1075.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
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The board shall manage, control, and administer the district's |
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hospitals and hospital system. (Acts 59th Leg., R.S., Ch. 108, Sec. |
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5 (part).) |
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Sec. 1075.104. HOSPITAL SYSTEM. The district shall provide |
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for: |
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(1) the establishment of a hospital or hospital system |
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by: |
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(A) purchasing, constructing, acquiring, |
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repairing, or renovating buildings and improvements; and |
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(B) equipping the buildings and improvements; |
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and |
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(2) the administration of the hospital or hospital |
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system for hospital purposes. (Acts 59th Leg., R.S., Ch. 108, Sec. 2 |
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(part).) |
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Sec. 1075.105. RULES. The board may adopt rules for the |
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operation of the district and as required to administer this |
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chapter. (Acts 59th Leg., R.S., Ch. 108, Secs. 5 (part), 9 (part).) |
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Sec. 1075.106. PURCHASING AND ACCOUNTING. The board may |
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prescribe: |
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(1) the method and manner of making purchases and |
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expenditures by and for the district; and |
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(2) all accounting and control procedures. (Acts 59th |
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Leg., R.S., Ch. 108, Sec. 9 (part).) |
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Sec. 1075.107. RATES AND CHARGES. The board shall |
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prescribe the rates and charges for: |
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(1) services; |
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(2) supplies; and |
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(3) the use of hospital facilities. (Acts 59th Leg., |
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R.S., Ch. 108, Sec. 14 (part).) |
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Sec. 1075.108. EMINENT DOMAIN. (a) The district may |
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exercise the power of eminent domain to acquire a fee simple or |
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other interest in any type of property located in district |
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territory if the interest is necessary or convenient to a power, |
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right, or privilege conferred by this chapter. |
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(b) The district must exercise the power of eminent domain |
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in the manner provided by Chapter 21, Property Code. (Acts 59th |
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Leg., R.S., Ch. 108, Sec. 12.) |
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Sec. 1075.109. GIFTS AND ENDOWMENTS. The board may accept |
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for the district a gift or endowment to be held in trust and |
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administered by the board for the purposes and under the |
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directions, limitations, or other provisions prescribed in writing |
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by the donor that are not inconsistent with the proper management |
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and objectives of the district. (Acts 59th Leg., R.S., Ch. 108, |
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Sec. 15.) |
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Sec. 1075.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
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CARE AND TREATMENT. The board may contract with: |
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(1) any county or municipality located outside the |
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district for the care and treatment of a sick or injured person of |
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that county or municipality; and |
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(2) this state or a federal agency for the treatment of |
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a sick or injured person for whom this state or the federal |
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government is responsible. (Acts 59th Leg., R.S., Ch. 108, Sec. 5 |
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(part).) |
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Sec. 1075.111. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
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When a patient who resides in the district is admitted to a district |
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facility, the district administrator shall have an inquiry made |
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into the circumstances of: |
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(1) the patient; and |
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(2) the patient's relatives legally liable for the |
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patient's support. |
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(b) If the district administrator determines that the |
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patient or those relatives cannot pay for all or part of the |
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patient's care and treatment in the hospital, the amount that |
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cannot be paid becomes a charge against the district. |
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(c) If the district administrator determines that the |
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patient or those relatives can pay for all or part of the patient's |
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care and treatment, the patient or those relatives shall be ordered |
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to pay the district a specified amount each week for the patient's |
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support. The amount ordered must be proportionate to their |
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financial ability and may not exceed the actual per capita cost of |
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maintenance. |
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(d) The district administrator may collect the amount from |
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the patient's estate, or from those relatives legally liable for |
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the patient's support, in the manner provided by law for the |
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collection of expenses of the last illness of a deceased person. |
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(e) If there is a dispute as to the ability to pay, or doubt |
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in the mind of the district administrator, the board shall hold a |
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hearing and, after calling witnesses, shall: |
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(1) resolve the dispute or doubt; and |
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(2) issue any appropriate orders. (Acts 59th Leg., |
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R.S., Ch. 108, Sec. 14 (part).) |
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Sec. 1075.112. AUTHORITY TO SUE AND BE SUED. The district, |
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through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch. |
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108, Sec. 5 (part).) |
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[Sections 1075.113-1075.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 1075.151. BUDGET. (a) The district administrator |
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shall prepare for approval by the board an annual budget that |
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corresponds to the district's fiscal year. |
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(b) Not later than August 31 of each year, the board shall |
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publish notice of a public hearing on the proposed budget. The |
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notice must be published in a newspaper of general circulation in |
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the district one time at least 10 days before the date of the |
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hearing. (Acts 59th Leg., R.S., Ch. 108, Secs. 6 (part), 16.) |
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Sec. 1075.152. FISCAL YEAR. The district shall operate on a |
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fiscal year that begins on October 1 and ends on September 30. |
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(Acts 59th Leg., R.S., Ch. 108, Sec. 6 (part).) |
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Sec. 1075.153. AUDIT. (a) The district shall have an audit |
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made of the district's financial condition. |
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(b) The audit shall be open to inspection at all times at the |
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district's principal office. (Acts 59th Leg., R.S., Ch. 108, Sec. 6 |
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(part).) |
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Sec. 1075.154. FINANCIAL REPORT. As soon as practicable |
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after the close of each fiscal year, the district administrator |
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shall prepare for the board: |
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(1) a complete sworn statement of all district money; |
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and |
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(2) a complete account of the disbursements of that |
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money. (Acts 59th Leg., R.S., Ch. 108, Sec. 6 (part).) |
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Sec. 1075.155. DEPOSITORY. (a) The board shall select one |
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or more banks in the district to serve as a depository for district |
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money. |
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(b) All district money shall be immediately deposited on |
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receipt with a depository bank, except that sufficient money must |
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be remitted to an appropriate bank to pay the principal of and |
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interest on the district's outstanding bonds on or before the |
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maturity date of the principal and interest. |
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(c) To the extent that money in a depository bank is not |
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insured by the Federal Deposit Insurance Corporation, the money |
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must be secured in the manner provided by law for the security of |
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county funds. |
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(d) Membership on the district's board of an officer or |
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director of a bank does not disqualify the bank from being |
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designated as depository. (Acts 59th Leg., R.S., Ch. 108, Sec. 10.) |
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Sec. 1075.156. AUTHORITY TO BORROW MONEY; SECURITY. (a) |
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The board may borrow money from a federally insured lending |
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institution or make other financial arrangements for district |
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operating expenses or other authorized obligations. |
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(b) The board may borrow money in an amount and subject to a |
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rate of interest and other terms the board finds appropriate. |
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(c) To secure a loan, the board may pledge: |
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(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; or |
|
(2) property acquired with borrowed money that is not |
|
pledged to pay the district's bonded indebtedness. |
|
(d) A loan for which district revenue is pledged must mature |
|
not later than the fifth anniversary of the date the loan is made. |
|
(e) The district must provide for the payment of all |
|
district debts and obligations before dissolution. (Acts 59th |
|
Leg., R.S., Ch. 108, Sec. 17a, as added Acts 74th Leg., R.S., Ch. |
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52, Sec. 1, and amended Acts 76th Leg., R.S., Ch. 1566, Sec. 1.) |
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[Sections 1075.157-1075.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 1075.201. GENERAL OBLIGATION BONDS. (a) The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose related to the purchase, |
|
construction, acquisition, repair, or renovation of buildings and |
|
improvements, and equipping buildings and improvements for a |
|
hospital and the hospital system, as determined by the board. |
|
(b) The board shall issue the bonds in compliance with the |
|
applicable provisions of Subtitles A and C, Title 9, Government |
|
Code. (Acts 59th Leg., R.S., Ch. 108, Sec. 7 (part).) |
|
Sec. 1075.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, the |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund and to pay the principal of and |
|
interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of taxable property in the district. |
|
(Acts 59th Leg., R.S., Ch. 108, Sec. 7 (part).) |
|
Sec. 1075.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board shall call the election. The election must be |
|
held in accordance with Chapter 1251, Government Code. |
|
(c) The bond election order must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum maturity of the bonds; and |
|
(6) the maximum interest rate of the bonds. (Acts 59th |
|
Leg., R.S., Ch. 108, Sec. 7 (part).) |
|
Sec. 1075.204. EXECUTION OF GENERAL OBLIGATION BONDS. The |
|
board president shall execute the general obligation bonds in the |
|
district's name, and the board secretary shall attest the bonds as |
|
provided by Chapter 618, Government Code. (Acts 59th Leg., R.S., |
|
Ch. 108, Sec. 7 (part).) |
|
Sec. 1075.205. REFUNDING BONDS. (a) District refunding |
|
bonds may, without an election, be issued to refund any bonds or |
|
other refundable indebtedness issued by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding bonds or other refundable |
|
indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of the outstanding bonds or other |
|
refundable indebtedness. (Acts 59th Leg., R.S., Ch. 108, Sec. 7 |
|
(part).) |
|
Sec. 1075.206. BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) any profits made in the sale of the bonds. (Acts |
|
59th Leg., R.S., Ch. 108, Sec. 8 (part).) |
|
[Sections 1075.207-1075.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1075.251. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all taxable property in the district subject to |
|
district taxation. |
|
(b) The tax may be used to meet the requirements of district |
|
bonds and for the district's maintenance and operating expenses. |
|
(Acts 59th Leg., R.S., Ch. 108, Sec. 3a (part).) |
|
Sec. 1075.252. TAX RATE. The district may impose the tax at |
|
a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district. (Acts 59th Leg., R.S., Ch. 108, Sec. 3a |
|
(part).) |
|
CHAPTER 1076. STARR COUNTY HOSPITAL DISTRICT |
|
OF STARR COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1076.001. DEFINITIONS |
|
Sec. 1076.002. AUTHORITY FOR CREATION |
|
Sec. 1076.003. POLITICAL SUBDIVISION |
|
Sec. 1076.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 1076.005. DISTRICT TERRITORY |
|
[Sections 1076.006-1076.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1076.051. BOARD ELECTION; TERM |
|
Sec. 1076.052. NOTICE OF ELECTION |
|
Sec. 1076.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1076.054. BOND |
|
Sec. 1076.055. BOARD VACANCY |
|
Sec. 1076.056. OFFICERS; DUTIES; ABSENCE OF PRESIDENT |
|
OR SECRETARY |
|
Sec. 1076.057. COMPENSATION; EXPENSES |
|
Sec. 1076.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1076.059. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1076.060. APPOINTMENT AND REMOVAL OF MEDICAL |
|
STAFF AND EMPLOYEES |
|
Sec. 1076.061. RECRUITMENT OF MEDICAL STAFF AND |
|
EMPLOYEES |
|
Sec. 1076.062. HEALTH CARE EDUCATIONAL PROGRAMS |
|
Sec. 1076.063. RETIREMENT BENEFITS |
|
[Sections 1076.064-1076.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1076.101. DISTRICT RESPONSIBILITY |
|
Sec. 1076.102. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1076.103. HOSPITAL SYSTEM |
|
Sec. 1076.104. RULES |
|
Sec. 1076.105. PURCHASING AND ACCOUNTING |
|
Sec. 1076.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1076.107. EMINENT DOMAIN |
|
Sec. 1076.108. GIFTS, GRANTS, AND ENDOWMENTS |
|
Sec. 1076.109. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1076.110. CONTRACTS FOR SERVICES |
|
Sec. 1076.111. PROVISION OF CERTAIN HEALTH SERVICES |
|
Sec. 1076.112. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1076.113. NONPROFIT CORPORATION |
|
[Sections 1076.114-1076.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1076.151. BUDGET |
|
Sec. 1076.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1076.153. FISCAL YEAR |
|
Sec. 1076.154. ANNUAL AUDIT |
|
Sec. 1076.155. FINANCIAL REPORT |
|
Sec. 1076.156. PROJECTS AND PURCHASES EXEMPT FROM |
|
ASSESSMENT OR TAXATION |
|
Sec. 1076.157. DEPOSITORY |
|
Sec. 1076.158. AUTHORITY TO BORROW MONEY; SECURITY |
|
Sec. 1076.159. INVESTMENT OF DISTRICT MONEY |
|
[Sections 1076.160-1076.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1076.201. GENERAL OBLIGATION BONDS |
|
Sec. 1076.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1076.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1076.204. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1076.205. REVENUE BONDS |
|
Sec. 1076.206. REFUNDING BONDS |
|
Sec. 1076.207. MATURITY OF BONDS |
|
Sec. 1076.208. ADDITIONAL MEANS OF SECURING REPAYMENT |
|
OF BONDS |
|
Sec. 1076.209. USE OF BOND PROCEEDS |
|
Sec. 1076.210. BONDS EXEMPT FROM TAXATION |
|
[Sections 1076.211-1076.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1076.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1076.252. TAX RATE |
|
Sec. 1076.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1076.254-1076.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1076.301. DISSOLUTION; ELECTION |
|
Sec. 1076.302. NOTICE OF ELECTION |
|
Sec. 1076.303. BALLOT |
|
Sec. 1076.304. ELECTION RESULTS |
|
Sec. 1076.305. TRANSFER OR ADMINISTRATION OF ASSETS |
|
Sec. 1076.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES |
|
Sec. 1076.307. REPORT; DISSOLUTION ORDER |
|
CHAPTER 1076. STARR COUNTY HOSPITAL DISTRICT |
|
OF STARR COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1076.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of trustees of the |
|
district. |
|
(2) "District" means the Starr County Hospital |
|
District of Starr County, Texas. |
|
(3) "Trustee" means a member of the board. (Acts 63rd |
|
Leg., R.S., Ch. 118, Sec. 1 (part); New.) |
|
Sec. 1076.002. AUTHORITY FOR CREATION. The Starr County |
|
Hospital District of Starr County, Texas, is created under the |
|
authority of Section 9, Article IX, Texas Constitution. (Acts 63rd |
|
Leg., R.S., Ch. 118, Sec. 1 (part).) |
|
Sec. 1076.003. POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 63rd Leg., R.S., Ch. |
|
118, Sec. 12 (part).) |
|
Sec. 1076.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The accomplishment of the purposes stated in this chapter is for the |
|
benefit of the people of this state and for the improvement of their |
|
property and industries. |
|
(b) The district is a governmental agency performing an |
|
essential public function under the constitution in carrying out |
|
the purposes of this chapter. (Acts 63rd Leg., R.S., Ch. 118, Secs. |
|
12 (part), 13 (part).) |
|
Sec. 1076.005. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Starr County, |
|
Texas, including all "cut over" or "banco" land on the north side of |
|
the Rio Grande River. (Acts 63rd Leg., R.S., Ch. 118, Sec. 1 |
|
(part).) |
|
[Sections 1076.006-1076.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1076.051. BOARD ELECTION; TERM. (a) A board of five |
|
trustees shall exercise the powers of the district. |
|
(b) One trustee is elected from each commissioners precinct |
|
and one trustee is elected from the district at large by a majority |
|
of district voters. |
|
(c) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) trustees serve two-year terms; |
|
(2) trustees who represent odd-numbered precincts and |
|
the trustee elected at large are elected in odd-numbered years; |
|
(3) trustees who represent even-numbered precincts |
|
are elected in even-numbered years; and |
|
(4) a trustee's election shall be held each year on the |
|
May uniform election date prescribed by Section 41.001, Election |
|
Code, or another date authorized by law. (Acts 63rd Leg., R.S., Ch. |
|
118, Secs. 4(a) (part), (c) (part).) |
|
Sec. 1076.052. NOTICE OF ELECTION. Notice of a trustees' |
|
election shall be published in a newspaper of general circulation |
|
in the district in accordance with Section 4.003, Election Code. |
|
(Acts 63rd Leg., R.S., Ch. 118, Sec. 4(c) (part).) |
|
Sec. 1076.053. QUALIFICATIONS FOR OFFICE. To qualify for |
|
election as a trustee, a person must: |
|
(1) be at least 18 years of age; |
|
(2) have been a resident of the district for at least |
|
two years; |
|
(3) have been a resident of the commissioners precinct |
|
from which the person is to be elected for at least two years, |
|
unless the person is running at large; and |
|
(4) be a qualified voter. (Acts 63rd Leg., R.S., Ch. |
|
118, Sec. 4(a) (part).) |
|
Sec. 1076.054. BOND. (a) Each trustee shall execute a good |
|
and sufficient commercial bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
trustee's duties. |
|
(b) The district may pay for a trustee's bond with district |
|
money. (Acts 63rd Leg., R.S., Ch. 118, Sec. 4(a) (part).) |
|
Sec. 1076.055. BOARD VACANCY. If a vacancy occurs on the |
|
board, the majority of remaining trustees shall appoint a trustee |
|
for the unexpired term. (Acts 63rd Leg., R.S., Ch. 118, Sec. 4(c) |
|
(part).) |
|
Sec. 1076.056. OFFICERS; DUTIES; ABSENCE OF PRESIDENT OR |
|
SECRETARY. (a) The board shall elect from among its members a |
|
president, vice president, and secretary, and other officers as in |
|
the judgment of the board are necessary. |
|
(b) The president shall preside over district meetings and |
|
has the same right to vote as any other trustee. |
|
(c) If the president is absent or fails or declines to act, |
|
the vice president shall perform the president's duties and |
|
exercise the president's powers under this chapter. |
|
(d) The secretary: |
|
(1) shall keep and sign the minutes of the board |
|
meetings; and |
|
(2) is the custodian of the district's minutes and |
|
records. |
|
(e) If the secretary is absent from a board meeting, the |
|
board shall name a secretary pro tem for the meeting who may: |
|
(1) exercise all the duties and powers of the |
|
secretary for the meeting; and |
|
(2) sign the minutes of the meeting. (Acts 63rd Leg., |
|
R.S., Ch. 118, Sec. 4(d).) |
|
Sec. 1076.057. COMPENSATION; EXPENSES. A trustee serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the board. (Acts 63rd Leg., R.S., Ch. 118, Sec. 4(a) |
|
(part).) |
|
Sec. 1076.058. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board may appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and shall receive the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(e) On assuming the duties of assistant administrator, the |
|
assistant administrator shall execute a bond payable to the |
|
district in an amount set by the board that: |
|
(1) is conditioned on the assistant administrator |
|
performing the assistant administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 63rd Leg., R.S., Ch. 118, Sec. 5(b) (part).) |
|
Sec. 1076.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 63rd |
|
Leg., R.S., Ch. 118, Sec. 5(b) (part).) |
|
Sec. 1076.060. APPOINTMENT AND REMOVAL OF MEDICAL STAFF AND |
|
EMPLOYEES. (a) The board may appoint any doctors to its medical |
|
staff and employ any technicians, nurses, and other employees as |
|
considered necessary for the efficient operation of the district or |
|
may provide that the district administrator has the authority to |
|
employ those persons. |
|
(b) The board may make temporary appointments the board |
|
considers necessary. |
|
(c) The board may, after due process, remove from the |
|
medical staff any doctor whose removal the board considers |
|
necessary for the efficient operation of the district. (Acts 63rd |
|
Leg., R.S., Ch. 118, Sec. 5(c).) |
|
Sec. 1076.061. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
|
The board may use district money, enter into agreements, and take |
|
other necessary action to recruit or otherwise obtain physicians |
|
and other personnel for the district's medical staff or for |
|
employment with the district, including: |
|
(1) advertising and marketing; |
|
(2) paying recruitment expenses; |
|
(3) paying travel and relocation expenses; |
|
(4) providing a guarantee, subsidy, loan, or |
|
scholarship; |
|
(5) sharing personnel; and |
|
(6) authorizing a physician to use space in a district |
|
facility or providing a rent subsidy to a physician. (Acts 63rd |
|
Leg., R.S., Ch. 118, Sec. 4(e).) |
|
Sec. 1076.062. HEALTH CARE EDUCATIONAL PROGRAMS. The board |
|
may use district money, enter into agreements, and take other |
|
necessary action to conduct, participate in, or assist health care |
|
educational programs for the public and for current or potential |
|
medical staff members or employees. (Acts 63rd Leg., R.S., Ch. 118, |
|
Sec. 4(f).) |
|
Sec. 1076.063. RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 63rd Leg., R.S., Ch. |
|
118, Sec. 5(e).) |
|
[Sections 1076.064-1076.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1076.101. DISTRICT RESPONSIBILITY. The district shall |
|
provide medical and hospital care for the district's needy |
|
inhabitants. (Acts 63rd Leg., R.S., Ch. 118, Sec. 2 (part).) |
|
Sec. 1076.102. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
(a) The district has authority to operate hospital facilities. |
|
(b) The board shall manage, control, and administer the |
|
district's hospital and hospital system and carry out the functions |
|
of the district. (Acts 63rd Leg., R.S., Ch. 118, Secs. 2 (part), |
|
5(a) (part).) |
|
Sec. 1076.103. HOSPITAL SYSTEM. The district shall provide |
|
for: |
|
(1) the establishment of a hospital or hospital system |
|
in the district to provide medical and hospital care and treatment |
|
and related services to district residents by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings, facilities, and improvements; |
|
and |
|
(B) equipping the buildings, facilities, and |
|
improvements for hospital purposes; and |
|
(2) the operation, maintenance, and administration of |
|
the hospital or hospital system for hospital purposes. (Acts 63rd |
|
Leg., R.S., Ch. 118, Sec. 2 (part).) |
|
Sec. 1076.104. RULES. The board may adopt rules for the |
|
operation of the district. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(a) |
|
(part).) |
|
Sec. 1076.105. PURCHASING AND ACCOUNTING. The board may |
|
prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 63rd |
|
Leg., R.S., Ch. 118, Sec. 5(f).) |
|
Sec. 1076.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine: |
|
(1) the type, number, and location of buildings |
|
required to maintain an adequate hospital system; and |
|
(2) the type of equipment necessary for hospital care. |
|
(b) The board may: |
|
(1) acquire property, including facilities and |
|
equipment, for the district for use in the hospital system; |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price; |
|
(3) lease hospital facilities for the district; and |
|
(4) sell or otherwise dispose of property, including |
|
facilities or equipment, for the district. (Acts 63rd Leg., R.S., |
|
Ch. 118, Sec. 5(j).) |
|
Sec. 1076.107. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond for the issuance |
|
of a temporary restraining order or a temporary injunction; or |
|
(2) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 63rd Leg., R.S., Ch. 118, |
|
Sec. 6.) |
|
Sec. 1076.108. GIFTS, GRANTS, AND ENDOWMENTS. The board may |
|
accept for the district a gift, grant, or endowment to be held in |
|
trust and administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 63rd Leg., R.S., Ch. 118, |
|
Sec. 11.) |
|
Sec. 1076.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. The board may contract with this state or a |
|
federal agency for the treatment of a sick or injured person for |
|
whom this state or the federal government is responsible. (Acts |
|
63rd Leg., R.S., Ch. 118, Sec. 5(d).) |
|
Sec. 1076.110. CONTRACTS FOR SERVICES. (a) The board may |
|
contract with any person to obtain or supply the facilities and |
|
services the board considers necessary for the efficient operation |
|
of the district. |
|
(b) The board may contract with a public or private |
|
hospital, a political subdivision of this state, or a state or |
|
federal agency for the district to provide a mobile emergency |
|
medical service or to provide for the investigatory or welfare |
|
needs of district inhabitants. (Acts 63rd Leg., R.S., Ch. 118, |
|
Secs. 5(h), (i).) |
|
Sec. 1076.111. PROVISION OF CERTAIN HEALTH SERVICES. The |
|
district may operate or provide for: |
|
(1) the operation of a mobile emergency medical or air |
|
ambulance service; |
|
(2) home health services, long-term care, skilled |
|
nursing care, intermediate nursing care, or hospice care; and |
|
(3) any other reasonable or appropriate medical care |
|
or medical service. (Acts 63rd Leg., R.S., Ch. 118, Sec. 2 (part).) |
|
Sec. 1076.112. PAYMENT FOR TREATMENT; PROCEDURES. (a) When |
|
a patient who resides in the district is admitted to a district |
|
facility, the board or district administrator shall have an inquiry |
|
made into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If the board or district administrator determines that |
|
the patient or those relatives cannot pay for all or part of the |
|
patient's care and treatment in the hospital, the amount that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the board or district administrator determines that |
|
the patient or those relatives are liable to pay for all or part of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care. The amount ordered must be proportionate to |
|
their financial ability and may not exceed the usual and customary |
|
charges for services. |
|
(d) The board or district administrator may collect the |
|
amount from the patient's estate, or from any relative legally |
|
liable for the patient's support, in the manner provided by law for |
|
the collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay between |
|
any party and the board or district administrator, the county court |
|
shall hold a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute; and |
|
(2) issue any appropriate orders. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 63rd Leg., R.S., Ch. 118, Sec. 9.) |
|
Sec. 1076.113. NONPROFIT CORPORATION. (a) The district |
|
may create and sponsor a nonprofit corporation under the Business |
|
Organizations Code and may contribute money to or solicit money for |
|
the corporation. |
|
(b) The corporation may use money contributed by the |
|
district only to provide health care or other services the district |
|
is authorized to provide under this chapter. |
|
(c) The corporation may enter into a joint venture with any |
|
public or private entity or individual to provide health care or |
|
other services the district is authorized to provide under this |
|
chapter. |
|
(d) The corporation may invest the corporation's money in |
|
any manner in which the district may invest the district's money, |
|
including investing money as authorized by Chapter 2256, Government |
|
Code. |
|
(e) The board shall establish controls to ensure that the |
|
corporation uses its money as required by this section. (Acts 63rd |
|
Leg., R.S., Ch. 118, Sec. 5A.) |
|
[Sections 1076.114-1076.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1076.151. BUDGET. The board shall prepare a budget |
|
that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections for the next |
|
fiscal year; and |
|
(3) the amount of taxes required to be imposed to meet |
|
the proposed budget. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(g) |
|
(part).) |
|
Sec. 1076.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) The |
|
board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district resident is entitled to: |
|
(1) appear at the hearing; and |
|
(2) be heard regarding any item in the proposed |
|
budget. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(g) (part).) |
|
Sec. 1076.153. FISCAL YEAR. (a) The board shall establish |
|
the district fiscal year. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that revenue bonds of the district |
|
are outstanding; or |
|
(2) more than once in a 24-month period. (Acts 63rd |
|
Leg., R.S., Ch. 118, Sec. 5(g) (part).) |
|
Sec. 1076.154. ANNUAL AUDIT. As soon as practicable after |
|
the close of each fiscal year, the board shall have an annual audit |
|
made of the district's books and records by an independent public |
|
accountant. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(g) (part).) |
|
Sec. 1076.155. FINANCIAL REPORT. (a) As soon as |
|
practicable after the close of each fiscal year, the district |
|
administrator shall prepare a report that includes: |
|
(1) a complete sworn statement of all district money; |
|
(2) a complete account of the disbursements of that |
|
money during the previous fiscal year; and |
|
(3) the details of district operation during the |
|
previous fiscal year. |
|
(b) The district administrator shall make the report to the |
|
board. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(g) (part).) |
|
Sec. 1076.156. PROJECTS AND PURCHASES EXEMPT FROM |
|
ASSESSMENT OR TAXATION. The district is not required to pay a tax |
|
or assessment on: |
|
(1) a district project or any part of the project; or |
|
(2) a district purchase. (Acts 63rd Leg., R.S., Ch. |
|
118, Sec. 13 (part).) |
|
Sec. 1076.157. DEPOSITORY. (a) The board shall select one |
|
or more banks in this state to act as a depository of bond proceeds |
|
or of revenue derived from the operation of district facilities. |
|
(b) The depository shall, as determined by the board: |
|
(1) furnish indemnity bonds; |
|
(2) pledge securities; or |
|
(3) meet any other requirement. |
|
(c) Membership on the district's board of an officer or |
|
director of a bank does not disqualify the bank from being selected |
|
as depository. (Acts 63rd Leg., R.S., Ch. 118, Sec. 8.) |
|
Sec. 1076.158. AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money at a rate not to exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district during |
|
the 12-month period following the date of the pledge that is not |
|
pledged to pay the principal of or interest on district bonds; or |
|
(3) a district bond that has been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. (Acts 63rd |
|
Leg., R.S., Ch. 118, Sec. 5B.) |
|
Sec. 1076.159. INVESTMENT OF DISTRICT MONEY. (a) The law |
|
applicable to municipalities with respect to security for and |
|
investment of money governs, as applicable, the investment of |
|
district money. The bond order, resolution, or trust indenture may |
|
further restrict the investment. |
|
(b) To the extent authorized in the bond order, resolution, |
|
or trust indenture and until the money is needed, the district may |
|
invest the proceeds of district bonds in direct obligations of or |
|
obligations unconditionally guaranteed by the United States. (Acts |
|
63rd Leg., R.S., Ch. 118, Sec. 15.) |
|
[Sections 1076.160-1076.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1076.201. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for the purchase, construction, |
|
acquisition, repair, or renovation of buildings and improvements |
|
and equipping the buildings and improvements for district purposes |
|
or any combination of those purposes. (Acts 63rd Leg., R.S., Ch. |
|
118, Sec. 7(a) (part).) |
|
Sec. 1076.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, the |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund to pay the principal of and interest on |
|
the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the |
|
district. (Acts 63rd Leg., R.S., Ch. 118, Secs. 7(a) (part), 12 |
|
(part).) |
|
Sec. 1076.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds or other bonds secured |
|
wholly or partly by an ad valorem tax, other than refunding bonds, |
|
only if the bonds are authorized by a majority of the voters voting |
|
at an election held for that purpose. |
|
(b) The order and publication of notice for the bond |
|
election must be provided in accordance with Chapter 1251, |
|
Government Code. (Acts 63rd Leg., R.S., Ch. 118, Secs. 7(a) (part), |
|
7B(b).) |
|
Sec. 1076.204. EXECUTION OF GENERAL OBLIGATION BONDS. The |
|
board president shall execute district general obligation bonds in |
|
the district's name, and the board secretary shall countersign the |
|
bonds in the manner provided by Chapter 618, Government Code. (Acts |
|
63rd Leg., R.S., Ch. 118, Sec. 7(c) (part).) |
|
Sec. 1076.205. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings and improvements for district purposes; or |
|
(2) acquire sites for district purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of district revenue derived from the operation of the |
|
district's hospital or health care facilities. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health |
|
and Safety Code, for issuance of revenue bonds by a county hospital |
|
authority. (Acts 63rd Leg., R.S., Ch. 118, Secs. 7A(a) (part), (b), |
|
(c), (d).) |
|
Sec. 1076.206. REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund any outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be sold, with the proceeds of the |
|
refunding bond applied to the payment of outstanding indebtedness. |
|
(Acts 63rd Leg., R.S., Ch. 118, Secs. 7(b) (part), 7A(a) (part).) |
|
Sec. 1076.207. MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
63rd Leg., R.S., Ch. 118, Sec. 7(c) (part).) |
|
Sec. 1076.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
BONDS. In addition to the authority to issue general obligation |
|
bonds and revenue bonds under this subchapter, the board may |
|
provide for the security and payment of district bonds from a pledge |
|
of a combination of ad valorem taxes as authorized by Section |
|
1076.202 and revenue and other sources as authorized by Section |
|
1076.205. (Acts 63rd Leg., R.S., Ch. 118, Sec. 7B(a).) |
|
Sec. 1076.209. USE OF BOND PROCEEDS. The district may use |
|
the proceeds of bonds issued under this subchapter to pay: |
|
(1) any expense the board determines is reasonable and |
|
necessary to issue, sell, and deliver the bonds; |
|
(2) interest payments on the bonds during a period of |
|
acquisition or construction of a project or facility to be provided |
|
through the bonds, not to exceed five years; |
|
(3) costs related to the operation and maintenance of |
|
a project or facility to be provided through the bonds: |
|
(A) during an estimated period of acquisition or |
|
construction, not to exceed five years; and |
|
(B) for one year after the project or facility is |
|
acquired or constructed; |
|
(4) costs related to the financing of the bond funds, |
|
including debt service reserve and contingency funds; |
|
(5) costs related to the bond issuance; |
|
(6) costs related to the acquisition of land or |
|
interests in land for a project or facility to be provided through |
|
the bonds; and |
|
(7) construction costs of a project or facility to be |
|
provided through the bonds, including the payment of related |
|
professional services and expenses. (Acts 63rd Leg., R.S., Ch. |
|
118, Sec. 7C.) |
|
Sec. 1076.210. BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer of the bonds; and |
|
(3) the income from the bonds, including profits made |
|
on the sale of the bonds. (Acts 63rd Leg., R.S., Ch. 118, Sec. 13 |
|
(part).) |
|
[Sections 1076.211-1076.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1076.251. IMPOSITION OF AD VALOREM TAX. The board may |
|
impose a tax on all property in the district subject to district |
|
taxation. (Acts 63rd Leg., R.S., Ch. 118, Secs. 3(a) (part), 10(a) |
|
(part).) |
|
Sec. 1076.252. TAX RATE. The board may impose the tax at a |
|
rate not to exceed the limit approved by the voters at the election |
|
authorizing the imposition of taxes, which may not exceed 75 cents |
|
on each $100 valuation of all taxable property in the district. |
|
(Acts 63rd Leg., R.S., Ch. 118, Secs. 3(a) (part), 10(a) (part).) |
|
Sec. 1076.253. TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 63rd Leg., R.S., Ch. 118, Sec. |
|
10(b).) |
|
[Sections 1076.254-1076.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1076.301. DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the district |
|
voters voting in an election held for that purpose. |
|
(b) The board may order an election on the question of |
|
dissolving the district and disposing of the district's assets. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 15 |
|
percent of the registered district voters. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition to appear on the ballot; |
|
(2) the date of the election; |
|
(3) the hours during which the polls will be open; and |
|
(4) the location of the polling places. |
|
(e) Section 41.001, Election Code, does not apply to an |
|
election ordered under this section. (Acts 63rd Leg., R.S., Ch. |
|
118, Secs. 11A(a), (b), (c), (d).) |
|
Sec. 1076.302. NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a substantial copy of the election |
|
order in a newspaper with general circulation in the district. |
|
(b) The first publication of notice must appear not later |
|
than the 35th day before the date set for the election. (Acts 63rd |
|
Leg., R.S., Ch. 118, Sec. 11A(e).) |
|
Sec. 1076.303. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Starr County Hospital |
|
District." (Acts 63rd Leg., R.S., Ch. 118, Sec. 11A(f).) |
|
Sec. 1076.304. ELECTION RESULTS. (a) If a majority of the |
|
votes in an election under this subchapter favor dissolution, the |
|
board shall order that the district be dissolved. |
|
(b) If a majority of the votes in the election do not favor |
|
dissolution, the board shall continue to administer the district |
|
and another election on the question of dissolution may not be held |
|
before the first anniversary of the date of the most recent election |
|
to dissolve the district. (Acts 63rd Leg., R.S., Ch. 118, Sec. |
|
11A(g).) |
|
Sec. 1076.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
If a majority of the votes in an election under this subchapter |
|
favor dissolution, the board shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to Starr |
|
County or another governmental entity in Starr County; or |
|
(2) administer the property, assets, and debts until |
|
all money has been disposed of and all district debts have been paid |
|
or settled. |
|
(b) If the district makes the transfer under Subsection |
|
(a)(1), the county or entity assumes all debts and obligations of |
|
the district at the time of the transfer, and the district is |
|
dissolved. |
|
(c) If the district does not make the transfer under |
|
Subsection (a)(1) and the board administers the property, assets, |
|
and debts of the district under Subsection (a)(2), the district is |
|
dissolved when all the money has been disposed of and all district |
|
debts have been paid or settled. (Acts 63rd Leg., R.S., Ch. 118, |
|
Secs. 11A(h), (i), (j).) |
|
Sec. 1076.306. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine any debt owed by the district; and |
|
(2) impose on the property included on the district's |
|
tax roll a tax that is in proportion of any debt to the property |
|
value. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the board secretary to return |
|
to each district taxpayer the taxpayer's pro rata share of all |
|
unused tax money. |
|
(c) A taxpayer may request that the taxpayer's share of |
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
taxpayer requests the credit, the board shall direct the board |
|
secretary to transmit the money to the county tax |
|
assessor-collector. (Acts 63rd Leg., R.S., Ch. 118, Secs. 11A(k), |
|
(l).) |
|
Sec. 1076.307. REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district money and other assets as prescribed by this subchapter, |
|
the board shall file a written report with the Commissioners Court |
|
of Starr County summarizing the board's actions in dissolving the |
|
district. |
|
(b) Not later than the 10th day after the date the |
|
commissioners court receives the report and determines that the |
|
requirements of this subchapter have been fulfilled, the |
|
commissioners court shall enter an order: |
|
(1) dissolving the district; and |
|
(2) releasing the board from any further duty or |
|
obligation. (Acts 63rd Leg., R.S., Ch. 118, Sec. 11A(m).) |
|
CHAPTER 1087. RANKIN COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1087.001. DEFINITIONS |
|
Sec. 1087.002. AUTHORITY FOR CREATION |
|
Sec. 1087.003. POLITICAL SUBDIVISION |
|
Sec. 1087.004. DISTRICT TERRITORY |
|
Sec. 1087.005. CONSOLIDATION OF DISTRICT AND MCCAMEY |
|
COUNTY HOSPITAL DISTRICT |
|
[Sections 1087.006-1087.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1087.051. BOARD ELECTION; TERM |
|
Sec. 1087.052. NOTICE OF ELECTION |
|
Sec. 1087.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1087.054. BOND; RECORD OF BOND |
|
Sec. 1087.055. BOARD VACANCY |
|
Sec. 1087.056. OFFICERS |
|
Sec. 1087.057. VOTING REQUIREMENT |
|
Sec. 1087.058. DISTRICT ADMINISTRATOR |
|
Sec. 1087.059. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1087.060. ASSISTANT TO DISTRICT ADMINISTRATOR |
|
Sec. 1087.061. LEGAL COUNSEL |
|
Sec. 1087.062. RETIREMENT PROGRAM |
|
Sec. 1087.063. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
[Sections 1087.064-1087.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1087.101. DISTRICT RESPONSIBILITY |
|
Sec. 1087.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION |
|
Sec. 1087.103. PURCHASING AND ACCOUNTING |
|
Sec. 1087.104. EMINENT DOMAIN |
|
Sec. 1087.105. GIFTS AND ENDOWMENTS |
|
Sec. 1087.106. CONSTRUCTION CONTRACTS |
|
Sec. 1087.107. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1087.108. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1087.109. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1087.110-1087.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1087.151. BUDGET |
|
Sec. 1087.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1087.153. FISCAL YEAR |
|
Sec. 1087.154. ANNUAL AUDIT |
|
Sec. 1087.155. FINANCIAL REPORT |
|
Sec. 1087.156. DEPOSITORY |
|
Sec. 1087.157. INVESTMENT RESTRICTIONS |
|
Sec. 1087.158. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1087.159-1087.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1087.201. GENERAL OBLIGATION BONDS |
|
Sec. 1087.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1087.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1087.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1087.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1087.206. REVENUE BONDS |
|
Sec. 1087.207. REFUNDING BONDS |
|
Sec. 1087.208. ADDITIONAL MEANS OF SECURING REPAYMENT |
|
OF BONDS |
|
Sec. 1087.209. USE OF BOND PROCEEDS |
|
[Sections 1087.210-1087.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1087.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1087.252. TAX RATE |
|
Sec. 1087.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1087.254. ELECTION FOR SEPARATE TAX ASSESSOR AND |
|
SEPARATE TAX COLLECTOR |
|
Sec. 1087.255. APPOINTMENT OF SEPARATE TAX ASSESSOR |
|
AND SEPARATE TAX COLLECTOR |
|
CHAPTER 1087. RANKIN COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1087.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Rankin County Hospital |
|
District. (New.) |
|
Sec. 1087.002. AUTHORITY FOR CREATION. The Rankin County |
|
Hospital District is created under the authority of Section 9, |
|
Article IX, Texas Constitution, and has the rights, powers, and |
|
duties prescribed by this chapter. (Acts 60th Leg., R.S., Ch. 182, |
|
Sec. 1 (part).) |
|
Sec. 1087.003. POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 60th Leg., R.S., Ch. |
|
182, Sec. 21 (part).) |
|
Sec. 1087.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of the Rankin |
|
Independent School District, as those boundaries existed on January |
|
1, 1967. (Acts 60th Leg., R.S., Ch. 182, Sec. 1 (part).) |
|
Sec. 1087.005. CONSOLIDATION OF DISTRICT AND MCCAMEY COUNTY |
|
HOSPITAL DISTRICT. (a) The McCamey County Hospital District may be |
|
consolidated into the Rankin County Hospital District as provided |
|
by this section. |
|
(b) On the request of 25 percent or more of the taxpaying |
|
voters of each hospital district, the Upton County Commissioners |
|
Court shall submit the consolidation proposal for vote. |
|
(c) Consolidation of the district and the McCamey County |
|
Hospital District must be separately approved by a two-thirds |
|
majority of the voters voting in each hospital district at an |
|
election ordered and held for that purpose. |
|
(d) At the consolidation election, five directors shall be |
|
elected to serve the consolidated district. |
|
(e) Not more than one consolidation election may be held |
|
after each general election. |
|
(f) Refunding bonds may be issued by the consolidated |
|
district to refund any outstanding bonds, including bonds issued by |
|
the district on consolidation, original bonds, and refunding bonds. |
|
Additional funding may be provided as authorized by this chapter. |
|
(Acts 60th Leg., R.S., Ch. 182, Sec. 18.) |
|
[Sections 1087.006-1087.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1087.051. BOARD ELECTION; TERM. (a) The board |
|
consists of five directors elected from the district at large. |
|
(b) Directors serve staggered two-year terms unless |
|
four-year terms are established under Section 285.081, Health and |
|
Safety Code. |
|
(c) An election shall be held annually on the May uniform |
|
election date or another date authorized by law. (Acts 60th Leg., |
|
R.S., Ch. 182, Secs. 3(a), (i) (part).) |
|
Sec. 1087.052. NOTICE OF ELECTION. Notice of a directors' |
|
election shall be published in a newspaper of general circulation |
|
in Upton County in accordance with Section 4.003, Election Code. |
|
(Acts 60th Leg., R.S., Ch. 182, Sec. 3(i) (part).) |
|
Sec. 1087.053. QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed a director unless the person is: |
|
(1) a resident of the district; and |
|
(2) at least 18 years of age. |
|
(b) A district employee may not serve as director. (Acts |
|
60th Leg., R.S., Ch. 182, Secs. 3(b), (c).) |
|
Sec. 1087.054. BOND; RECORD OF BOND. (a) Before assuming |
|
the duties of office, each director must execute a bond for $1,000 |
|
that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for a director's bond. |
|
(c) Each director's bond shall be deposited with a |
|
depository bank of the district for safekeeping. (Acts 60th Leg., |
|
R.S., Ch. 182, Sec. 3(d).) |
|
Sec. 1087.055. BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director. |
|
(b) A director appointed under this section serves until the |
|
next election for directors. A director elected under this |
|
subsection serves only for the remainder of the unexpired term. |
|
(Acts 60th Leg., R.S., Ch. 182, Sec. 3(h).) |
|
Sec. 1087.056. OFFICERS. (a) The board shall elect from |
|
among its members a president and a vice president. |
|
(b) The board shall appoint a secretary, who need not be a |
|
director. (Acts 60th Leg., R.S., Ch. 182, Sec. 3(e).) |
|
Sec. 1087.057. VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 60th Leg., R.S., Ch. 182, Sec. 3(f).) |
|
Sec. 1087.058. DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and receives the compensation determined by the board. |
|
(c) The board may remove the district administrator at any |
|
time. |
|
(d) Before assuming the duties of district administrator, |
|
the administrator must execute a bond payable to the district in an |
|
amount of not less than $10,000 that: |
|
(1) is conditioned on the administrator performing |
|
well and faithfully the administrator's required duties; and |
|
(2) contains any other condition the board may |
|
require. |
|
(e) The board may pay for the bond with district money. |
|
(Acts 60th Leg., R.S., Ch. 182, Secs. 4(a), (b), (c).) |
|
Sec. 1087.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to any limitation prescribed by the board, the district |
|
administrator shall: |
|
(1) perform the duties required by the board; |
|
(2) supervise the work and activities of the district; |
|
and |
|
(3) direct the affairs of the district. (Acts 60th |
|
Leg., R.S., Ch. 182, Sec. 4(d).) |
|
Sec. 1087.060. ASSISTANT TO DISTRICT ADMINISTRATOR. (a) |
|
The board may designate an assistant to the district administrator |
|
to discharge a duty or function of the administrator in the event of |
|
the administrator's incapacity, absence, or inability to discharge |
|
the duty or function. |
|
(b) The assistant shall post the bond required by board |
|
order. |
|
(c) The assistant is subject to any limitation prescribed by |
|
board order. (Acts 60th Leg., R.S., Ch. 182, Sec. 5.) |
|
Sec. 1087.061. LEGAL COUNSEL. The board may employ legal |
|
counsel to represent the district in all legal matters. (Acts 60th |
|
Leg., R.S., Ch. 182, Sec. 20.) |
|
Sec. 1087.062. RETIREMENT PROGRAM. (a) With the approval |
|
of the Upton County Commissioners Court, the board may contract |
|
with this state and the federal government as necessary to |
|
establish or continue a retirement program for the benefit of |
|
district employees. |
|
(b) The board may establish other retirement programs for |
|
the benefit of district employees as the board considers necessary |
|
and advisable. (Acts 60th Leg., R.S., Ch. 182, Secs. 4(e) (part), |
|
(f).) |
|
Sec. 1087.063. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
Except as provided by Section 1087.054, all district records, |
|
including books, accounts, notices, minutes, and all other matters |
|
of the district and the operation of its facilities, shall be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 182, Secs. |
|
3(g), 9 (part).) |
|
[Sections 1087.064-1087.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1087.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy and indigent residents. (Acts 60th Leg., R.S., |
|
Ch. 182, Sec. 11 (part).) |
|
Sec. 1087.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION. A county or a municipality in the district may not impose |
|
any tax for hospital purposes. (Acts 60th Leg., R.S., Ch. 182, Sec. |
|
11 (part).) |
|
Sec. 1087.103. PURCHASING AND ACCOUNTING. The board may |
|
prescribe: |
|
(1) the method of making purchases and expenditures by |
|
and for the district; and |
|
(2) accounting and control procedures for the |
|
district. (Acts 60th Leg., R.S., Ch. 182, Secs. 13(a), (b).) |
|
Sec. 1087.104. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory if the interest is necessary or |
|
convenient for the district to exercise a right, power, privilege, |
|
or function conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond for the issuance |
|
of a temporary restraining order or a temporary injunction; or |
|
(2) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 182, |
|
Sec. 17.) |
|
Sec. 1087.105. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, and provisions prescribed in writing by |
|
the donor that are not inconsistent with the proper management and |
|
objectives of the district. (Acts 60th Leg., R.S., Ch. 182, Sec. |
|
16.) |
|
Sec. 1087.106. CONSTRUCTION CONTRACTS. (a) The board may |
|
enter into purchase or construction contracts for the district. |
|
(b) The board may enter into a construction contract that |
|
involves the expenditure of more than the amount provided by |
|
Section 271.024, Local Government Code, only after advertising as |
|
provided by Subchapter B, Chapter 271, Local Government Code. |
|
(Acts 60th Leg., R.S., Ch. 182, Sec. 13(c).) |
|
Sec. 1087.107. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. The board, with the approval of the Upton |
|
County Commissioners Court, may contract with: |
|
(1) a county, other than Upton County, for the care and |
|
treatment of a person of that county; and |
|
(2) this state or a federal agency for the care and |
|
treatment of a sick or injured person for whom the state or agency |
|
is responsible. (Acts 60th Leg., R.S., Ch. 182, Sec. 4(e) (part).) |
|
Sec. 1087.108. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient from the district is admitted to a district facility, |
|
the district administrator shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the patient's |
|
care and treatment in the hospital, the amount that cannot be paid |
|
becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives are liable to pay for all or part of the |
|
patient's care and treatment, the patient or those relatives shall |
|
be ordered to pay to the district's treasurer a specified amount |
|
each week for the patient's support. The amount ordered must be |
|
proportionate to the financial ability and may not exceed the |
|
actual per capita cost of maintenance. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from those relatives legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute, or doubt in the district |
|
administrator's mind, as to the ability to pay, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate order. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. The appeal is de novo as that term is used in an |
|
appeal from a justice court to a county court. (Acts 60th Leg., |
|
R.S., Ch. 182, Sec. 15.) |
|
Sec. 1087.109. AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court of this state. (Acts 60th Leg., R.S., Ch. 182, |
|
Sec. 21 (part).) |
|
[Sections 1087.110-1087.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1087.151. BUDGET. The board annually shall have a |
|
budget prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 60th Leg., R.S., Ch. 182, Sec. 9 (part).) |
|
Sec. 1087.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Upton County not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 60th Leg., R.S., Ch. 182, Sec. 9 (part).) |
|
Sec. 1087.153. FISCAL YEAR. The district's fiscal year |
|
begins on October 1 and ends on September 30. (Acts 60th Leg., |
|
R.S., Ch. 182, Sec. 9 (part).) |
|
Sec. 1087.154. ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the preceding fiscal year. |
|
(b) Not later than December 31 of each year, the audit shall |
|
be filed: |
|
(1) with the county clerk of Upton County; and |
|
(2) at the district's office. (Acts 60th Leg., R.S., |
|
Ch. 182, Sec. 9 (part).) |
|
Sec. 1087.155. FINANCIAL REPORT. (a) The board and the |
|
district administrator shall annually prepare a report under oath |
|
that includes: |
|
(1) a complete statement of: |
|
(A) all money and choses in action; and |
|
(B) how the money and choses in action were |
|
disbursed or otherwise disposed; |
|
(2) the details of district operation during the |
|
preceding fiscal year; and |
|
(3) a full and complete list of all delinquent |
|
accounts owing and due the district, including names and addresses |
|
of delinquent debtors. |
|
(b) The report shall be filed in: |
|
(1) the district office; and |
|
(2) the office of the county clerk of Upton County. |
|
(Acts 60th Leg., R.S., Ch. 182, Sec. 9 (part).) |
|
Sec. 1087.156. DEPOSITORY. (a) The board shall select one |
|
or more banks to serve as a depository for district money. |
|
(b) To the extent that money in a depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. |
|
(c) Membership on the district's board of an officer or |
|
director of a bank does not disqualify the bank from being |
|
designated as depository. (Acts 60th Leg., R.S., Ch. 182, Sec. |
|
10(a).) |
|
Sec. 1087.157. INVESTMENT RESTRICTIONS. The board may |
|
invest operating, depreciation, or building reserves only in funds |
|
or securities specified by Chapter 2256, Government Code. (Acts |
|
60th Leg., R.S., Ch. 182, Sec. 10(b).) |
|
Sec. 1087.158. AUTHORITY TO BORROW MONEY; SECURITY. (a) The |
|
board may borrow money at a rate not to exceed the maximum annual |
|
percentage rate allowed by law for district obligations at the time |
|
the loan is made. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) tax revenue to be collected by the district during |
|
the 12-month period following the date of the pledge that is not |
|
pledged to pay the principal of or interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. (Acts 60th |
|
Leg., R.S., Ch. 182, Sec. 7A.) |
|
[Sections 1087.159-1087.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1087.201. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings and improvements; and |
|
(2) equipping buildings and improvements for hospital |
|
purposes. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(a).) |
|
Sec. 1087.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, the |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund to pay the principal of and interest on |
|
the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax imposed for the district may not in any year exceed |
|
75 cents on each $100 valuation of all taxable property in the |
|
district. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(b).) |
|
Sec. 1087.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may call the election on the board's own |
|
motion. |
|
(c) The order calling the election must specify: |
|
(1) the location of the polling places; |
|
(2) the presiding election officers; |
|
(3) the purpose of the bond issuance; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum interest rate of the bonds; and |
|
(6) the maximum maturity of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order calling the election in a newspaper of |
|
general circulation in the district once each week for two |
|
consecutive weeks before the date of the election. The first |
|
publication must occur at least 20 days before the date of the |
|
election. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(d) (part).) |
|
Sec. 1087.204. MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 60th Leg., R.S., Ch. 182, |
|
Sec. 7(d) (part).) |
|
Sec. 1087.205. EXECUTION OF GENERAL OBLIGATION BONDS. The |
|
board's presiding officer shall execute the general obligation |
|
bonds in the district's name, and the board secretary shall |
|
countersign the bonds. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(c).) |
|
Sec. 1087.206. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings or improvements; |
|
(2) equip buildings or improvements for hospital |
|
purposes; or |
|
(3) acquire real property for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner provided by |
|
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, |
|
Health and Safety Code, for issuance of revenue bonds by a county |
|
hospital authority. (Acts 60th Leg., R.S., Ch. 182, Secs. 7(f), |
|
(g).) |
|
Sec. 1087.207. REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding bonds |
|
issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the bonds to be refunded; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar amount of outstanding bonds and the unpaid matured interest |
|
on the bonds. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(e).) |
|
Sec. 1087.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
|
BONDS. In addition to the authority to issue general obligation and |
|
revenue bonds under this subchapter, the board may provide for the |
|
security and payment of district bonds from a pledge of a |
|
combination of ad valorem taxes as authorized by Section 1087.202 |
|
and revenue and other sources as authorized by Section 1087.206. |
|
(Acts 60th Leg., R.S., Ch. 182, Sec. 7(h).) |
|
Sec. 1087.209. USE OF BOND PROCEEDS. The district may use |
|
the proceeds of bonds issued under this subchapter to pay: |
|
(1) any expense the board determines is reasonable and |
|
necessary to issue, sell, and deliver the bonds; |
|
(2) interest payments on the bonds during a period of |
|
acquisition or construction of a project or facility to be provided |
|
through the bonds, not to exceed five years; |
|
(3) costs related to the operation and maintenance of |
|
a project or facility to be provided through the bonds: |
|
(A) during an estimated period of acquisition or |
|
construction, not to exceed five years; and |
|
(B) for one year after the project or facility is |
|
acquired or constructed; |
|
(4) costs related to the financing of the bond funds, |
|
including debt service reserve and contingency funds; |
|
(5) costs related to the bond issuance; |
|
(6) costs related to the acquisition of land or |
|
interests in land for a project or facility to be provided through |
|
the bonds; and |
|
(7) construction costs of a project or facility to be |
|
provided through the bonds, including the payment of related |
|
professional services and expenses. (Acts 60th Leg., R.S., Ch. |
|
182, Sec. 7(i).) |
|
[Sections 1087.210-1087.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1087.251. IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the annual budget, the board shall impose a tax on all |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued or assumed by the district for hospital purposes as |
|
provided by this chapter; |
|
(2) provide for the operation and maintenance of the |
|
hospital or hospital system; |
|
(3) make improvements and additions to the district's |
|
hospital system; and |
|
(4) acquire necessary sites for improvements or |
|
additions by purchase, lease, or condemnation. (Acts 60th Leg., |
|
R.S., Ch. 182, Secs. 6 (part), 9 (part).) |
|
Sec. 1087.252. TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 60th Leg., R.S., Ch. 182, Sec. 6 |
|
(part).) |
|
Sec. 1087.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. (a) This section applies unless an election |
|
is held under Section 1087.254. |
|
(b) The tax assessor-collector of Upton County shall |
|
collect the taxes imposed on all property subject to district |
|
taxation. (Acts 60th Leg., R.S., Ch. 182, Secs. 6 (part), 9 |
|
(part).) |
|
Sec. 1087.254. ELECTION FOR SEPARATE TAX ASSESSOR AND |
|
SEPARATE TAX COLLECTOR. (a) On receipt of a petition signed by at |
|
least five percent of the taxpaying voters in the district, the |
|
court may order an election to determine whether the district shall |
|
have a separate tax assessor and separate tax collector for the |
|
assessment and collection of district taxes. |
|
(b) Notice of the election shall be given as required by |
|
Section 1087.052. (Acts 60th Leg., R.S., Ch. 182, Sec. 19 (part).) |
|
Sec. 1087.255. APPOINTMENT OF SEPARATE TAX ASSESSOR AND |
|
SEPARATE TAX COLLECTOR. If the appointment of a separate tax |
|
assessor and separate tax collector is approved by a two-thirds |
|
majority vote of the district voters voting at an election held |
|
under Section 1087.254, the board shall appoint: |
|
(1) a suitable person as tax assessor; and |
|
(2) a suitable person as tax collector. (Acts 60th |
|
Leg., R.S., Ch. 182, Sec. 19 (part).) |
|
CHAPTER 1096. SOUTH LIMESTONE HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1096.001. DEFINITIONS |
|
Sec. 1096.002. AUTHORITY FOR CREATION |
|
Sec. 1096.003. DISTRICT TERRITORY |
|
Sec. 1096.004. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1096.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1096.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1096.007-1096.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1096.051. BOARD ELECTION; TERM |
|
Sec. 1096.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 1096.053. BOND; RECORD OF BOND AND OATH |
|
Sec. 1096.054. BOARD VACANCY |
|
Sec. 1096.055. OFFICERS |
|
Sec. 1096.056. COMPENSATION; EXPENSES |
|
Sec. 1096.057. DISTRICT ADMINISTRATOR |
|
Sec. 1096.058. EMPLOYEES |
|
Sec. 1096.059. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1096.060. RECRUITMENT OF MEDICAL STAFF |
|
Sec. 1096.061. CONTINUING EDUCATION; RETRAINING |
|
[Sections 1096.062-1096.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1096.101. DISTRICT RESPONSIBILITY |
|
Sec. 1096.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1096.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
Sec. 1096.104. HOSPITAL SYSTEM |
|
Sec. 1096.105. RULES |
|
Sec. 1096.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1096.107. EMINENT DOMAIN |
|
Sec. 1096.108. GIFTS AND ENDOWMENTS |
|
Sec. 1096.109. CONTRACTS WITH POLITICAL SUBDIVISION |
|
FOR HOSPITAL CARE |
|
Sec. 1096.110. PROVISION OF CERTAIN HEALTH SERVICES |
|
Sec. 1096.111. OPERATION OF HOSPITAL; RATES CHARGED; |
|
RESERVE FUNDS |
|
Sec. 1096.112. PAYMENT FOR TREATMENT; PROCEDURES |
|
[Sections 1096.113-1096.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1096.151. BUDGET |
|
Sec. 1096.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1096.153. FISCAL YEAR |
|
Sec. 1096.154. ANNUAL AUDIT |
|
Sec. 1096.155. DEPOSITORY |
|
Sec. 1096.156. AUTHORITY TO BORROW MONEY; SECURITY |
|
Sec. 1096.157. INVESTMENT OF DISTRICT MONEY |
|
Sec. 1096.158. TAX EXEMPTION |
|
[Sections 1096.159-1096.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1096.201. REVENUE BONDS |
|
Sec. 1096.202. EXECUTION OF BONDS |
|
Sec. 1096.203. MATURITY OF BONDS |
|
Sec. 1096.204. REFUNDING BONDS |
|
[Sections 1096.205-1096.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1096.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1096.252. TAX RATE |
|
Sec. 1096.253. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1096. SOUTH LIMESTONE HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1096.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the South Limestone Hospital |
|
District. (New.) |
|
Sec. 1096.002. AUTHORITY FOR CREATION. The South Limestone |
|
Hospital District is created under the authority of Section 9, |
|
Article IX, Texas Constitution, and has the rights, powers, and |
|
duties provided by this chapter. (Acts 61st Leg., R.S., Ch. 638, |
|
Secs. 1, 2 (part).) |
|
Sec. 1096.003. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of the Groesbeck |
|
Independent School District as those boundaries existed on January |
|
1, 1969. (Acts 61st Leg., R.S., Ch. 638, Sec. 2 (part).) |
|
Sec. 1096.004. CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 61st Leg., R.S., Ch. 638, Sec. 28 (part).) |
|
Sec. 1096.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district's hospital |
|
system and any indebtedness incurred by the district under this |
|
chapter may not become a charge against or obligation of this state. |
|
(Acts 61st Leg., R.S., Ch. 638, Sec. 26 (part).) |
|
Sec. 1096.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 61st Leg., R.S., Ch. 638, Sec. 26 (part).) |
|
[Sections 1096.007-1096.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1096.051. BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of seven directors elected from the district at |
|
large. |
|
(b) Each even-numbered year, on the May uniform election |
|
date or another date authorized by law, the appropriate number of |
|
directors shall be elected. |
|
(c) Directors serve staggered four-year terms. (Acts 61st |
|
Leg., R.S., Ch. 638, Secs. 5(a), (e).) |
|
Sec. 1096.052. QUALIFICATIONS FOR OFFICE. (a) To qualify |
|
for election to the board, a person must: |
|
(1) be at least 18 years of age; |
|
(2) have been a resident of the district for at least |
|
two years; and |
|
(3) be a qualified property tax paying voter of the |
|
district. |
|
(b) A person may not serve as a director if the person: |
|
(1) is a district employee; |
|
(2) was a district employee at any time during the two |
|
years preceding the date of the election; or |
|
(3) receives compensation under a contract with the |
|
district. (Acts 61st Leg., R.S., Ch. 638, Secs. 5(f), (j).) |
|
Sec. 1096.053. BOND; RECORD OF BOND AND OATH. (a) Each |
|
director shall qualify by executing a good and sufficient bond for |
|
$1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for the directors' bonds. |
|
(c) Each director's bond and constitutional oath of office |
|
shall be deposited with the district's depository bank for |
|
safekeeping. (Acts 61st Leg., R.S., Ch. 638, Sec. 5(b).) |
|
Sec. 1096.054. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 61st Leg., R.S., Ch. 638, |
|
Sec. 5(d).) |
|
Sec. 1096.055. OFFICERS. (a) The board shall elect from |
|
among its members a president, vice president, secretary, and |
|
treasurer. |
|
(b) The board may combine the offices of secretary and |
|
treasurer at the board's discretion. (Acts 61st Leg., R.S., Ch. |
|
638, Sec. 5(c).) |
|
Sec. 1096.056. COMPENSATION; EXPENSES. A director is not |
|
entitled to compensation but is entitled to reimbursement for any |
|
necessary expense incurred in the performance of official duties. |
|
(Acts 61st Leg., R.S., Ch. 638, Sec. 5(i).) |
|
Sec. 1096.057. DISTRICT ADMINISTRATOR. (a) The board may |
|
employ a district administrator to manage the operations of the |
|
hospital system. |
|
(b) The district administrator may hire necessary personnel |
|
to perform the services provided by the hospital system. (Acts 61st |
|
Leg., R.S., Ch. 638, Sec. 20(e) (part).) |
|
Sec. 1096.058. EMPLOYEES. The board may employ an |
|
attorney, a general manager, a bookkeeper, an architect, nurses, |
|
and other employees necessary for the efficient operation of the |
|
district. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(e) (part).) |
|
Sec. 1096.059. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
Except as provided by Section 1096.053, the board shall: |
|
(1) maintain all district records, including books, |
|
accounts, notices, minutes, and other matters of the district and |
|
its operation, at the district office; and |
|
(2) make those records available for public inspection |
|
at reasonable times. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(b).) |
|
Sec. 1096.060. RECRUITMENT OF MEDICAL STAFF. The board may |
|
spend district money to recruit physicians, nurses, and other |
|
trained medical personnel. The board may pay the tuition or other |
|
education-related costs or expenses of a person who: |
|
(1) graduates from a medical school, a nursing school, |
|
or an institution of higher education; and |
|
(2) contractually agrees to become a district |
|
employee. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(h) (part).) |
|
Sec. 1096.061. CONTINUING EDUCATION; RETRAINING. The board |
|
may spend district money for the continuing education and |
|
retraining of district employees. (Acts 61st Leg., R.S., Ch. 638, |
|
Sec. 20(h) (part).) |
|
[Sections 1096.062-1096.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1096.101. DISTRICT RESPONSIBILITY. The district shall |
|
provide all necessary hospital and medical care for the district's |
|
needy inhabitants. (Acts 61st Leg., R.S., Ch. 638, Sec. 3 (part).) |
|
Sec. 1096.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
than the district, may not impose a tax or issue bonds or other |
|
obligations to provide hospital service or medical care in the |
|
district. (Acts 61st Leg., R.S., Ch. 638, Sec. 3 (part).) |
|
Sec. 1096.103. MANAGEMENT AND CONTROL OF DISTRICT. The |
|
board has full power to manage and control the district. (Acts 61st |
|
Leg., R.S., Ch. 638, Sec. 20(a) (part).) |
|
Sec. 1096.104. HOSPITAL SYSTEM. The district has the |
|
responsibility to establish a hospital or hospital system within |
|
its boundaries to provide hospital and medical care to the |
|
district's residents. (Acts 61st Leg., R.S., Ch. 638, Sec. 3 |
|
(part).) |
|
Sec. 1096.105. RULES. (a) The board shall adopt rules for |
|
the efficient operation of the district, including district |
|
facilities. |
|
(b) The board shall: |
|
(1) publish the rules in book form; and |
|
(2) provide copies to interested persons on request at |
|
district expense. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(c).) |
|
Sec. 1096.106. PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe the method of making purchases and expenditures |
|
and the manner of accounting and control used by the district. |
|
(Acts 61st Leg., R.S., Ch. 638, Sec. 20(e) (part).) |
|
Sec. 1096.107. EMINENT DOMAIN. (a) To carry out a power |
|
provided by this chapter, the district may exercise the power of |
|
eminent domain to acquire the fee simple title to land and other |
|
property and easements. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code. |
|
(c) In a condemnation proceeding, the district is not |
|
required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review; or |
|
(3) deposit in the trial court money or a bond as |
|
provided by Section 21.021(a), Property Code. |
|
(d) The district is a municipal corporation for the purposes |
|
of Chapter 21, Property Code. |
|
(e) The board shall determine the amount and the type of |
|
interest in land, other property, or easements to be acquired. |
|
(Acts 61st Leg., R.S., Ch. 638, Secs. 17, 23.) |
|
Sec. 1096.108. GIFTS AND ENDOWMENTS. The board may accept a |
|
gift or endowment to be held and administered as required by the |
|
respective donor, to the extent that those requirements do not |
|
contravene law. (Acts 61st Leg., R.S., Ch. 638, Sec. 19.) |
|
Sec. 1096.109. CONTRACTS WITH POLITICAL SUBDIVISION FOR |
|
HOSPITAL CARE. The board may contract with a political subdivision |
|
to provide hospital and medical care for needy persons who reside |
|
outside the district. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(f).) |
|
Sec. 1096.110. PROVISION OF CERTAIN HEALTH SERVICES. The |
|
board may provide emergency services, home health care services, |
|
long-term health care services, or any other health care services |
|
the board determines are necessary to meet the needs of the |
|
district. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(g).) |
|
Sec. 1096.111. OPERATION OF HOSPITAL; RATES CHARGED; |
|
RESERVE FUNDS. (a) The district shall operate a hospital without |
|
the intervention of private profit for the use and benefit of the |
|
public. |
|
(b) The board shall charge sufficient rates for services |
|
provided by the hospital and use other sources of district revenue |
|
that will produce an amount sufficient to: |
|
(1) pay all expenses in connection with the ownership, |
|
operation, and upkeep of the hospital; |
|
(2) pay the interest on the bonds as it becomes due; |
|
(3) create a sinking fund to pay the bonds as they |
|
become due; and |
|
(4) create and maintain a bond reserve fund and other |
|
funds as provided in the bond resolution or trust indenture. |
|
(c) The bond resolution or trust indenture may prescribe |
|
systems, methods, routines, and procedures needed for the operation |
|
of the hospital. (Acts 61st Leg., R.S., Ch. 638, Sec. 15.) |
|
Sec. 1096.112. PAYMENT FOR TREATMENT; PROCEDURES. (a) A |
|
person who resides in the district is entitled to receive necessary |
|
medical and hospital care regardless of whether the person has the |
|
ability to pay for the care and may apply to receive this care |
|
without cost. |
|
(b) The board or the district administrator shall employ a |
|
person to investigate the ability of the patient and any relative |
|
liable for the patient's support to pay for the medical and hospital |
|
care received by the patient. |
|
(c) If the investigator finds that neither the patient nor |
|
those relatives can pay for all or part of the patient's care, the |
|
expense of that care becomes a charge against the district. |
|
(d) If the patient or those relatives can pay for all or part |
|
of the costs of the patient's care, the board shall order the |
|
patient or those relatives to pay to the district treasurer each |
|
week an amount specified in the order. The amount must be |
|
proportionate to the person's ability to pay. |
|
(e) The district may collect the amount from the patient's |
|
estate, or from any relative liable for the patient's support, in |
|
the manner provided by law for the collection of expenses of the |
|
last illness of a deceased person. |
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the investigator, the board shall hold a hearing and, |
|
after calling witnesses, shall: |
|
(1) determine the question; and |
|
(2) make the proper order based on the board's |
|
findings. |
|
(g) A party to the hearing who is not satisfied with the |
|
result of the order may appeal to the district court. The appeal is |
|
de novo. (Acts 61st Leg., R.S., Ch. 638, Sec. 22.) |
|
[Sections 1096.113-1096.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1096.151. BUDGET. The board shall prepare a budget |
|
that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections for the next |
|
fiscal year; and |
|
(3) the amount of taxes required to be imposed during |
|
the next fiscal year to meet the proposed budget. (Acts 61st Leg., |
|
R.S., Ch. 638, Sec. 21(b).) |
|
Sec. 1096.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published in a newspaper |
|
of general circulation in the district at least once before the 10th |
|
day before the date of the hearing. |
|
(c) Any person who owns taxable property in the district and |
|
has duly rendered that property for taxation is entitled to: |
|
(1) appear at the hearing; and |
|
(2) be heard regarding any item in the proposed |
|
budget. (Acts 61st Leg., R.S., Ch. 638, Secs. 21(c), (d).) |
|
Sec. 1096.153. FISCAL YEAR. The district's fiscal year is |
|
from October 1 to September 30. (Acts 61st Leg., R.S., Ch. 638, |
|
Sec. 21(a).) |
|
Sec. 1096.154. ANNUAL AUDIT. (a) The board annually shall |
|
require an independent audit of the district's books and records. |
|
(b) Not later than December 1 of each year, the board shall |
|
file a copy of the audit with: |
|
(1) the comptroller; and |
|
(2) the district. (Acts 61st Leg., R.S., Ch. 638, Sec. |
|
20(d).) |
|
Sec. 1096.155. DEPOSITORY. (a) The board by resolution |
|
shall designate a bank in the county in which the district is |
|
located as the district's depository. A designated bank serves for |
|
two years and until a successor is designated. |
|
(b) All district money shall be deposited in the depository |
|
and secured in the manner provided for securing county funds. (Acts |
|
61st Leg., R.S., Ch. 638, Sec. 24.) |
|
Sec. 1096.156. AUTHORITY TO BORROW MONEY; SECURITY. (a) |
|
The board may borrow money at a rate not to exceed the maximum |
|
annual percentage rate allowed by law for district obligations at |
|
the time the loan is made if the board declares that: |
|
(1) money is not available to meet authorized |
|
obligations of the district; and |
|
(2) an emergency exists. |
|
(b) To secure a loan, the board may pledge: |
|
(1) district revenue that is not pledged to pay the |
|
district's bonded indebtedness; |
|
(2) a district tax to be imposed by the district in the |
|
next 12-month period that is not pledged to pay the principal of or |
|
interest on district bonds; or |
|
(3) district bonds that have been authorized but not |
|
sold. |
|
(c) A loan for which taxes or bonds are pledged must mature |
|
not later than the first anniversary of the date the loan is made. A |
|
loan for which district revenue is pledged must mature not later |
|
than the fifth anniversary of the date the loan is made. |
|
(d) The board may not spend money obtained from a loan under |
|
this section for any purpose other than: |
|
(1) the purpose for which the board declared an |
|
emergency; and |
|
(2) if district taxes or bonds are pledged to pay the |
|
loan, the purpose for which the pledged taxes were imposed or the |
|
pledged bonds were authorized. (Acts 61st Leg., R.S., Ch. 638, Sec. |
|
20A.) |
|
Sec. 1096.157. INVESTMENT OF DISTRICT MONEY. (a) The law |
|
applicable to municipalities with respect to security for and |
|
investment of money governs, as applicable, the investment of |
|
district money. The bond resolution or indenture may further |
|
restrict the investment. |
|
(b) To the extent authorized in the bond resolution or |
|
indenture and until the money is needed, the district may invest the |
|
proceeds of district bonds in direct obligations of or obligations |
|
unconditionally guaranteed by the United States. (Acts 61st Leg., |
|
R.S., Ch. 638, Sec. 18.) |
|
Sec. 1096.158. TAX EXEMPTION. Because property owned by |
|
the district is held for public purposes only and is devoted |
|
exclusively to the use and benefit of the public, the property is |
|
exempt from taxation of every character. (Acts 61st Leg., R.S., Ch. |
|
638, Sec. 16.) |
|
[Sections 1096.159-1096.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1096.201. REVENUE BONDS. (a) The district may issue |
|
revenue bonds to provide for any district purposes. The bonds must |
|
be authorized by a board resolution adopted by a majority vote of a |
|
quorum of the board. |
|
(b) Revenue bonds must be payable from and secured by a |
|
pledge of all or part of the revenue derived from: |
|
(1) the operation of the district's hospitals; and |
|
(2) any other revenue resulting from the ownership of |
|
the hospital properties. |
|
(c) Revenue bonds may be additionally secured by a mortgage |
|
or deed of trust lien on real property of the district or by a |
|
chattel mortgage on the district's personal property, or by both. |
|
(d) The board may issue: |
|
(1) bonds that are a junior lien on the district's net |
|
revenue or property, unless prohibited by the bond resolution or |
|
trust indenture; and |
|
(2) parity bonds under conditions specified in the |
|
bond resolution or trust indenture. |
|
(e) A bond issued under this subchapter must contain the |
|
provision: "The holder hereof shall never have the right to demand |
|
payment thereof out of money raised or to be raised by taxation." |
|
(Acts 61st Leg., R.S., Ch. 638, Secs. 8, 9 (part), 11, 14 (part).) |
|
Sec. 1096.202. EXECUTION OF BONDS. District bonds must be |
|
signed by the president or vice president and countersigned by the |
|
secretary. (Acts 61st Leg., R.S., Ch. 638, Sec. 9 (part).) |
|
Sec. 1096.203. MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after their date of issuance. (Acts |
|
61st Leg., R.S., Ch. 638, Sec. 9 (part).) |
|
Sec. 1096.204. REFUNDING BONDS. The board may issue bonds |
|
for the purpose of refunding outstanding bonds in the manner |
|
provided by this subchapter for other bonds. (Acts 61st Leg., R.S., |
|
Ch. 638, Sec. 13 (part).) |
|
[Sections 1096.205-1096.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1096.251. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The tax proceeds may be used only to: |
|
(1) provide for the operation and maintenance of the |
|
district and hospital system; |
|
(2) make improvements and additions to the hospital |
|
system; or |
|
(3) acquire sites for additions to the hospital |
|
system. (Acts 61st Leg., R.S., Ch. 638, Secs. 7(a) (part), (b).) |
|
Sec. 1096.252. TAX RATE. The board shall impose the tax at |
|
a rate not to exceed 38 cents on each $100 valuation. (Acts 61st |
|
Leg., R.S., Ch. 638, Sec. 7(a) (part).) |
|
Sec. 1096.253. TAX ASSESSOR-COLLECTOR. The board may use |
|
any of the following to assess and collect district taxes: |
|
(1) the tax assessor-collector for Limestone County; |
|
(2) the tax assessor-collector for the Groesbeck |
|
Independent School District; or |
|
(3) any tax assessor-collector established by the |
|
board for the district. (Acts 61st Leg., R.S., Ch. 638, Sec. 7(d).) |
|
CHAPTER 1107. TITUS COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1107.001. DEFINITIONS |
|
Sec. 1107.002. AUTHORITY FOR OPERATION |
|
Sec. 1107.003. DISTRICT TERRITORY |
|
[Sections 1107.004-1107.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1107.051. BOARD ELECTION; TERM |
|
Sec. 1107.052. NOTICE OF ELECTION |
|
Sec. 1107.053. BALLOT PETITION |
|
Sec. 1107.054. QUALIFICATIONS FOR CANDIDACY |
|
Sec. 1107.055. BOARD VACANCY |
|
Sec. 1107.056. NONATTENDANCE |
|
Sec. 1107.057. OFFICERS |
|
Sec. 1107.058. COMPENSATION |
|
Sec. 1107.059. LIABILITY INSURANCE |
|
Sec. 1107.060. QUORUM; VOTING REQUIREMENT |
|
Sec. 1107.061. RECORDS OF PROCEEDINGS |
|
Sec. 1107.062. PERSONNEL MATTERS; CLOSED MEETING |
|
Sec. 1107.063. DISTRICT ADMINISTRATOR |
|
Sec. 1107.064. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1107.065. ASSISTANT TO DISTRICT ADMINISTRATOR |
|
Sec. 1107.066. APPOINTMENT AND RECRUITMENT OF STAFF |
|
AND EMPLOYEES |
|
Sec. 1107.067. HEALTH CARE EDUCATIONAL PROGRAMS |
|
Sec. 1107.068. LEGAL COUNSEL |
|
Sec. 1107.069. RETIREMENT PROGRAM |
|
Sec. 1107.070. SEAL |
|
[Sections 1107.071-1107.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1107.101. DISTRICT RESPONSIBILITY |
|
Sec. 1107.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION |
|
Sec. 1107.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1107.104. RULES |
|
Sec. 1107.105. PURCHASING AND ACCOUNTING |
|
Sec. 1107.106. DISTRICT FACILITIES |
|
Sec. 1107.107. PROMOTION OF DISTRICT SERVICES |
|
Sec. 1107.108. EMINENT DOMAIN |
|
Sec. 1107.109. GIFTS AND ENDOWMENTS |
|
Sec. 1107.110. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1107.111. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1107.112. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1107.113-1107.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1107.151. BUDGET |
|
Sec. 1107.152. ANNUAL AUDIT |
|
Sec. 1107.153. FINANCIAL REPORT |
|
Sec. 1107.154. DEPOSITORY |
|
Sec. 1107.155. WARRANTS |
|
[Sections 1107.156-1107.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1107.201. BONDS |
|
Sec. 1107.202. TAX TO PAY BONDS |
|
Sec. 1107.203. BOND ELECTION |
|
Sec. 1107.204. REFUNDING BONDS |
|
Sec. 1107.205. EXECUTION OF BONDS |
|
[Sections 1107.206-1107.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1107.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1107.252. TAX RATE |
|
Sec. 1107.253. COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1107.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1107. TITUS COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1107.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of hospital managers of |
|
the district. |
|
(2) "District" means the Titus County Hospital |
|
District. |
|
(3) "Manager" means a member of the board. (New.) |
|
Sec. 1107.002. AUTHORITY FOR OPERATION. The Titus County |
|
Hospital District operates in accordance with Section 9, Article |
|
IX, Texas Constitution, and has the powers and responsibilities |
|
provided by that section. (Acts 58th Leg., R.S., Ch. 298, Sec. 1 |
|
(part).) |
|
Sec. 1107.003. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Titus County. |
|
(Acts 58th Leg., R.S., Ch. 298, Sec. 1 (part).) |
|
[Sections 1107.004-1107.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1107.051. BOARD ELECTION; TERM. (a) The board |
|
consists of seven voting managers and one nonvoting manager as |
|
follows: |
|
(1) one voting manager elected from each |
|
commissioners precinct of Titus County; |
|
(2) three voting managers elected from the district at |
|
large; and |
|
(3) the chief of the medical staff of the district's |
|
principal hospital serving as a nonvoting ex officio manager. |
|
(b) The election order must provide for clerks as in county |
|
elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; and |
|
(4) the form of the ballot. |
|
(c) The board shall declare the results of the election. |
|
(d) Voting managers serve staggered four-year terms. |
|
(e) An election shall be held on the uniform election date |
|
in May, or another date authorized by law, of each even-numbered |
|
year to elect the appropriate number of voting managers. (Acts 58th |
|
Leg., R.S., Ch. 298, Secs. 6b(a) (part), (b), (c) (part), 6c(b); |
|
Acts 71st Leg., R.S., Ch. 1116, Sec. 2.) |
|
Sec. 1107.052. NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election of managers by publishing once a week for |
|
two consecutive weeks a substantial copy of the election order in a |
|
newspaper with general circulation in the district. |
|
(b) The first publication of the notice must appear at least |
|
30 days before the date set for the election. (Acts 58th Leg., |
|
R.S., Ch. 298, Secs. 6b(a) (part), (c) (part).) |
|
Sec. 1107.053. BALLOT PETITION. A person seeking to have |
|
the person's name printed on the ballot as a candidate for manager |
|
must file with the board secretary a petition requesting that |
|
action. The petition must: |
|
(1) be signed by at least 10 registered voters who |
|
reside in the district; |
|
(2) be filed by the deadline imposed by Section |
|
144.005, Election Code; and |
|
(3) specify the commissioners precinct the candidate |
|
seeks to represent or specify that the candidate seeks to represent |
|
the district at large. (Acts 58th Leg., R.S., Ch. 298, Sec. 6b(c) |
|
(part).) |
|
Sec. 1107.054. QUALIFICATIONS FOR CANDIDACY. (a) A |
|
candidate for manager must be a resident of the district. |
|
(b) A candidate for a commissioners precinct must be a |
|
resident of that commissioners precinct. (Acts 58th Leg., R.S., |
|
Ch. 298, Sec. 6b(c) (part).) |
|
Sec. 1107.055. BOARD VACANCY. If a vacancy occurs in the |
|
office of manager, other than the ex officio manager, the remaining |
|
managers shall appoint a manager for the unexpired term. (Acts 58th |
|
Leg., R.S., Ch. 298, Sec. 6c(f).) |
|
Sec. 1107.056. NONATTENDANCE. The failure of a manager to |
|
attend three consecutive regular board meetings causes a vacancy in |
|
the manager's office unless the absence is excused by formal action |
|
of the board. (Acts 58th Leg., R.S., Ch. 298, Sec. 6 (part).) |
|
Sec. 1107.057. OFFICERS. (a) The board shall select from |
|
among the managers a presiding officer, who shall preside over the |
|
board. |
|
(b) A presiding officer pro tem shall preside in the absence |
|
of the presiding officer. |
|
(c) The district administrator or any manager may be |
|
appointed secretary. (Acts 58th Leg., R.S., Ch. 298, Sec. 6 |
|
(part).) |
|
Sec. 1107.058. COMPENSATION. A manager serves without |
|
compensation, but the board may establish a system and set the |
|
amount of meeting fees for attending board or committee meetings. |
|
(Acts 58th Leg., R.S., Ch. 298, Sec. 6 (part).) |
|
Sec. 1107.059. LIABILITY INSURANCE. The board may purchase |
|
and provide the managers with liability insurance the board |
|
considers necessary or advisable to protect the managers from risks |
|
that might result from serving on the board. (Acts 58th Leg., R.S., |
|
Ch. 298, Sec. 6 (part).) |
|
Sec. 1107.060. QUORUM; VOTING REQUIREMENT. (a) Four |
|
managers, not including the ex officio manager, constitute a |
|
quorum. |
|
(b) A concurrence of a majority of the voting managers |
|
present is required in any matter relating to district business. |
|
(Acts 58th Leg., R.S., Ch. 298, Sec. 6c(g).) |
|
Sec. 1107.061. RECORDS OF PROCEEDINGS. (a) The board shall |
|
require the secretary to keep suitable records of all proceedings |
|
of each board meeting. |
|
(b) After each meeting: |
|
(1) the manager presiding at the meeting shall read |
|
and sign the record; and |
|
(2) the secretary shall attest the record. (Acts 58th |
|
Leg., R.S., Ch. 298, Sec. 6 (part).) |
|
Sec. 1107.062. PERSONNEL MATTERS; CLOSED MEETING. A member |
|
or prospective member of the medical staff or a person who serves or |
|
is being considered for a position as a medical director of services |
|
or departments in the district is a public officer or employee for |
|
purposes of Section 551.074, Government Code. (Acts 58th Leg., |
|
R.S., Ch. 298, Sec. 6f.) |
|
Sec. 1107.063. DISTRICT ADMINISTRATOR. (a) The board |
|
shall appoint under terms prescribed by the board a general manager |
|
qualified by training and experience as the district administrator. |
|
(b) The district administrator shall receive the |
|
compensation determined by the board. |
|
(c) The board may remove the district administrator at any |
|
time. |
|
(d) Before assuming the duties of district administrator, |
|
the administrator must execute a bond payable to the district in an |
|
amount of not less than $10,000 that: |
|
(1) is conditioned on the administrator performing |
|
well and faithfully the administrator's required duties; and |
|
(2) contains any other condition the board requires. |
|
(Acts 58th Leg., R.S., Ch. 298, Sec. 6 (part).) |
|
Sec. 1107.064. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to any limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) perform the duties required by the board; |
|
(2) supervise the work and activities of the district; |
|
and |
|
(3) direct the affairs of the district. (Acts 58th |
|
Leg., R.S., Ch. 298, Sec. 6 (part).) |
|
Sec. 1107.065. ASSISTANT TO DISTRICT ADMINISTRATOR. (a) |
|
The board may designate an assistant to the district administrator |
|
to discharge a duty or function of the administrator in the event of |
|
the administrator's incapacity, absence, or inability to discharge |
|
the duty or function. |
|
(b) The assistant shall post bond and is subject to the |
|
limitations prescribed by board order. (Acts 58th Leg., R.S., Ch. |
|
298, Sec. 8.) |
|
Sec. 1107.066. APPOINTMENT AND RECRUITMENT OF STAFF AND |
|
EMPLOYEES. (a) The board may employ under terms prescribed by the |
|
board any employees as considered advisable for the efficient |
|
operation of the hospital or hospital system. |
|
(b) The board may spend district money, enter into |
|
agreements, and take other necessary action to recruit physicians |
|
and other persons to serve as the district's medical staff or |
|
employees, including: |
|
(1) advertising and marketing; |
|
(2) paying travel, recruitment, and relocation |
|
expenses; and |
|
(3) allowing a physician to use space in a district |
|
facility or paying the physician a rent subsidy until not later than |
|
the first anniversary of the date the physician is first admitted to |
|
the district's medical staff. |
|
(c) The district may provide a loan or scholarship to a |
|
person who: |
|
(1) is enrolled in health care education courses; and |
|
(2) contractually agrees to practice in or become |
|
employed by the district. (Acts 58th Leg., R.S., Ch. 298, Secs. 6 |
|
(part), 6d(a), (c).) |
|
Sec. 1107.067. HEALTH CARE EDUCATIONAL PROGRAMS. The board |
|
may spend district money, enter into agreements, and take other |
|
necessary action to conduct, participate in, or assist health care |
|
educational programs for staff members or employees or potential |
|
staff members or employees. (Acts 58th Leg., R.S., Ch. 298, Sec. |
|
6d(b).) |
|
Sec. 1107.068. LEGAL COUNSEL. (a) The appropriate county, |
|
district, or criminal district attorney charged with representing |
|
Titus County in civil matters shall represent the district in all |
|
legal matters. |
|
(b) The district shall contribute sufficient money to the |
|
Titus County general fund for the account designated for the |
|
appropriate attorney described in Subsection (a) to pay all |
|
additional salaries and expenses incurred by the attorney in |
|
performing the duties required by the district. |
|
(c) The board may employ additional legal counsel the board |
|
considers advisable. (Acts 58th Leg., R.S., Ch. 298, Secs. 1 |
|
(part), 13.) |
|
Sec. 1107.069. RETIREMENT PROGRAM. The board may: |
|
(1) contract with this state or the federal government |
|
as necessary to establish or continue a retirement program for the |
|
benefit of district employees; or |
|
(2) establish other retirement programs for the |
|
benefit of district employees as the board considers necessary and |
|
advisable. (Acts 58th Leg., R.S., Ch. 298, Secs. 6 (part), 6c(c).) |
|
Sec. 1107.070. SEAL. The board shall have a seal engraved |
|
with the district's name to authenticate the acts of the board. The |
|
board secretary shall keep the seal. (Acts 58th Leg., R.S., Ch. |
|
298, Sec. 6 (part).) |
|
[Sections 1107.071-1107.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1107.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy and indigent residents. (Acts 58th Leg., R.S., |
|
Ch. 298, Secs. 2 (part), 14 (part).) |
|
Sec. 1107.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION. Titus County or a municipality in the county may not |
|
impose a tax for hospital purposes. (Acts 58th Leg., R.S., Ch. 298, |
|
Sec. 14 (part).) |
|
Sec. 1107.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district's |
|
hospital or hospital system. (Acts 58th Leg., R.S., Ch. 298, Sec. 6 |
|
(part).) |
|
Sec. 1107.104. RULES. The board may adopt rules for the |
|
operation of the hospital or hospital system. (Acts 58th Leg., |
|
R.S., Ch. 298, Sec. 6 (part).) |
|
Sec. 1107.105. PURCHASING AND ACCOUNTING. (a) The board |
|
may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. |
|
(b) The district shall pay the salaries and expenses |
|
necessarily incurred by the board or by an officer or agent of the |
|
board in performing a duty prescribed or required by this chapter. |
|
(c) An officer, employee, or agent of the board shall |
|
perform any function or service prescribed by the board under this |
|
section or Section 1107.152. (Acts 58th Leg., R.S., Ch. 298, Sec. 7 |
|
(part).) |
|
Sec. 1107.106. DISTRICT FACILITIES. The board may: |
|
(1) purchase or build facilities for medical purposes; |
|
and |
|
(2) rent the facilities or space in the facilities at a |
|
rate sufficient to cover the district's cost. (Acts 58th Leg., |
|
R.S., Ch. 298, Sec. 6e(a).) |
|
Sec. 1107.107. PROMOTION OF DISTRICT SERVICES. The board |
|
may market or advertise to promote district services, the orderly |
|
operation of the district, and the appropriate delivery of health |
|
care in the district. (Acts 58th Leg., R.S., Ch. 298, Sec. 6e(b).) |
|
Sec. 1107.108. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property, real, personal, or mixed, |
|
located in district territory, if the interest is necessary or |
|
convenient to exercise a right, power, privilege, or function |
|
conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond for the issuance |
|
of a temporary restraining order or a temporary injunction; or |
|
(2) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 58th Leg., R.S., Ch. 298, |
|
Sec. 10.) |
|
Sec. 1107.109. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or provisions prescribed in writing by the |
|
donor that are not inconsistent with the proper management and |
|
objectives of the district. (Acts 58th Leg., R.S., Ch. 298, Sec. |
|
16.) |
|
Sec. 1107.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. The board may contract with: |
|
(1) any county for the care and treatment of a sick or |
|
injured person of that county; and |
|
(2) this state or a federal agency for the care and |
|
treatment of a sick or injured person for whom the state or agency |
|
is responsible. (Acts 58th Leg., R.S., Ch. 298, Secs. 6 (part), |
|
6c(c).) |
|
Sec. 1107.111. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient from Titus County is admitted to a district facility, |
|
the district administrator shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay for all or part of the |
|
patient's care and treatment in the hospital, the amount that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the patient's |
|
care and treatment, the patient or those relatives shall be ordered |
|
to pay the district a specified amount each week for the patient's |
|
support. The amount ordered must be proportionate to their |
|
financial ability and may not exceed the actual per capita cost of |
|
maintenance. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from those relatives legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the county court shall |
|
hold a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 58th Leg., R.S., Ch. 298, Sec. 15.) |
|
Sec. 1107.112. AUTHORITY TO SUE AND BE SUED. The board may |
|
sue and be sued. (Acts 58th Leg., R.S., Ch. 298, Sec. 6 (part).) |
|
[Sections 1107.113-1107.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1107.151. BUDGET. (a) The district administrator, |
|
under the direction of the board, shall prepare an annual budget. |
|
(b) The budget must be approved by the board. (Acts 58th |
|
Leg., R.S., Ch. 298, Sec. 9 (part).) |
|
Sec. 1107.152. ANNUAL AUDIT. As soon as practicable after |
|
the close of each fiscal year, the board shall have an audit made of |
|
the district's books and records for the fiscal year by an |
|
independent public accountant. (Acts 58th Leg., R.S., Ch. 298, |
|
Sec. 7 (part).) |
|
Sec. 1107.153. FINANCIAL REPORT. (a) As soon as |
|
practicable after the close of each fiscal year, the district |
|
administrator shall prepare a report that includes: |
|
(1) a complete sworn statement of: |
|
(A) all money and choses in action received by |
|
the administrator; and |
|
(B) how the money and choses in action were |
|
disbursed or otherwise disposed; and |
|
(2) the details of district operation during the |
|
preceding fiscal year. |
|
(b) The district administrator shall make the report to: |
|
(1) the board; and |
|
(2) the Titus County Commissioners Court. (Acts 58th |
|
Leg., R.S., Ch. 298, Sec. 9 (part).) |
|
Sec. 1107.154. DEPOSITORY. (a) After advertising in the |
|
manner provided by Chapter 252 and Subchapter C, Chapter 262, Local |
|
Government Code, the board shall choose by competitive bidding at |
|
least one bank to serve as depository for district money. |
|
(b) All income received by the district shall be deposited |
|
in the district depository. (Acts 58th Leg., R.S., Ch. 298, Secs. |
|
3(b) (part), 11 (part).) |
|
Sec. 1107.155. WARRANTS. A warrant against district money |
|
does not require the signature of the county clerk of Titus County. |
|
(Acts 58th Leg., R.S., Ch. 298, Sec. 3(b) (part).) |
|
[Sections 1107.156-1107.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1107.201. BONDS. The board may issue and sell bonds as |
|
district obligations for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings and improvements; and |
|
(2) equipping buildings and improvements for hospital |
|
purposes. (Acts 58th Leg., R.S., Ch. 298, Secs. 4 (part), 6c(e) |
|
(part).) |
|
Sec. 1107.202. TAX TO PAY BONDS. (a) An ad valorem tax |
|
shall be imposed at a rate sufficient to create an interest and |
|
sinking fund to pay the principal of and interest on bonds issued |
|
under Section 1107.201 as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax imposed for the district may not in any year exceed |
|
75 cents on each $100 valuation of taxable property in the district. |
|
(Acts 58th Leg., R.S., Ch. 298, Sec. 4 (part).) |
|
Sec. 1107.203. BOND ELECTION. The district may issue bonds |
|
only if the bonds are authorized by a majority of the district |
|
voters voting at an election called by the board and held in |
|
accordance with the provisions of Chapter 1251, Government Code, |
|
relating to county bonds. (Acts 58th Leg., R.S., Ch. 298, Secs. 4 |
|
(part), 6c(e) (part).) |
|
Sec. 1107.204. REFUNDING BONDS. (a) District refunding |
|
bonds may be issued without an election and in the manner provided |
|
by this subchapter to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of outstanding bonds; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar amount of outstanding bonds and the unpaid matured interest |
|
on the bonds. (Acts 58th Leg., R.S., Ch. 298, Sec. 4 (part).) |
|
Sec. 1107.205. EXECUTION OF BONDS. The board's presiding |
|
officer shall execute the district's bonds in the district's name |
|
and the board secretary shall countersign the bonds in the manner |
|
provided by Chapter 618, Government Code. (Acts 58th Leg., R.S., |
|
Ch. 298, Secs. 4 (part), 6c(e) (part).) |
|
[Sections 1107.206-1107.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1107.251. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds assumed or issued by the district for hospital purposes as |
|
provided by this chapter; |
|
(2) provide for the operation and maintenance of the |
|
hospital or hospital system; and |
|
(3) make improvements and additions to the hospital |
|
system and acquire necessary sites for improvements and additions |
|
by purchase, lease, or condemnation. (Acts 58th Leg., R.S., Ch. |
|
298, Secs. 3(a) (part), 6c(d).) |
|
Sec. 1107.252. TAX RATE. The board shall impose the tax at |
|
a rate not to exceed 75 cents on each $100 valuation of all property |
|
in the district subject to district taxation. (Acts 58th Leg., |
|
R.S., Ch. 298, Sec. 3(a) (part).) |
|
Sec. 1107.253. COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. Unless the board elects to have district taxes |
|
assessed and collected by its own tax assessor-collector under |
|
Section 1107.254, the tax assessor-collector of Titus County shall |
|
assess and collect taxes imposed by the district. (Acts 58th Leg., |
|
R.S., Ch. 298, Sec. 3(b) (part).) |
|
Sec. 1107.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board may elect to employ a tax |
|
assessor-collector to assess and collect district taxes by adopting |
|
an appropriate resolution before December 1 of any year. The |
|
election remains in effect until revoked by a resolution adopted by |
|
the board. |
|
(b) The district tax assessor-collector must reside in the |
|
district. |
|
(c) The board shall set the term of employment and |
|
compensation for the district tax assessor-collector. (Acts 58th |
|
Leg., R.S., Ch. 298, Sec. 3(c) (part).) |
|
CHAPTER 1109. TYLER COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1109.001. DEFINITIONS |
|
Sec. 1109.002. AUTHORITY FOR OPERATION |
|
Sec. 1109.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1109.004. DISTRICT TERRITORY |
|
[Sections 1109.005-1109.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1109.051. BOARD APPOINTMENT; TERM |
|
Sec. 1109.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 1109.053. BOARD VACANCY |
|
Sec. 1109.054. NONATTENDANCE |
|
Sec. 1109.055. OFFICERS |
|
Sec. 1109.056. COMPENSATION; EXPENSES |
|
Sec. 1109.057. DISTRICT ADMINISTRATOR |
|
Sec. 1109.058. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1109.059. ASSISTANT DISTRICT ADMINISTRATOR; |
|
ATTORNEY |
|
Sec. 1109.060. APPOINTMENT AND REMOVAL OF STAFF AND |
|
EMPLOYEES |
|
Sec. 1109.061. RETIREMENT BENEFITS |
|
Sec. 1109.062. SEAL |
|
[Sections 1109.063-1109.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1109.101. DISTRICT RESPONSIBILITY |
|
Sec. 1109.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
|
TAXATION |
|
Sec. 1109.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1109.104. HOSPITAL OR HOSPITAL SYSTEM |
|
Sec. 1109.105. RULES |
|
Sec. 1109.106. PURCHASING AND ACCOUNTING |
|
Sec. 1109.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1109.108. EMINENT DOMAIN |
|
Sec. 1109.109. GIFTS AND ENDOWMENTS |
|
Sec. 1109.110. CONSTRUCTION CONTRACTS |
|
Sec. 1109.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1109.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1109.113. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1109.114. REIMBURSEMENT FOR SERVICES |
|
Sec. 1109.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1109.116-1109.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1109.151. BUDGET |
|
Sec. 1109.152. NOTICE; HEARING; ADOPTION OF BUDGET |
|
Sec. 1109.153. AMENDMENTS TO BUDGET |
|
Sec. 1109.154. FISCAL YEAR |
|
Sec. 1109.155. ANNUAL AUDIT |
|
Sec. 1109.156. FINANCIAL REPORT |
|
Sec. 1109.157. DEPOSITORY |
|
Sec. 1109.158. INVESTMENTS |
|
Sec. 1109.159. AUTHORITY TO BORROW MONEY; SECURITY |
|
[Sections 1109.160-1109.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1109.201. GENERAL OBLIGATION BONDS |
|
Sec. 1109.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1109.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1109.204. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1109.205. REVENUE BONDS |
|
Sec. 1109.206. REFUNDING BONDS |
|
Sec. 1109.207. MATURITY OF BONDS |
|
Sec. 1109.208. EXECUTION OF BONDS |
|
Sec. 1109.209. BONDS EXEMPT FROM TAXATION |
|
[Sections 1109.210-1109.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1109.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1109.252. TAX RATE |
|
Sec. 1109.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1109.254-1109.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1109.301. DISSOLUTION; ELECTION |
|
Sec. 1109.302. NOTICE OF ELECTION |
|
Sec. 1109.303. BALLOT |
|
Sec. 1109.304. ELECTION RESULTS |
|
Sec. 1109.305. TRANSFER OR ADMINISTRATION OF ASSETS |
|
Sec. 1109.306. SALE OR TRANSFER OF ASSETS AND |
|
LIABILITIES |
|
Sec. 1109.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES |
|
Sec. 1109.308. REPORT; DISSOLUTION ORDER |
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CHAPTER 1109. TYLER COUNTY HOSPITAL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1109.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of hospital managers of |
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the district. |
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(2) "Commissioners court" means the Commissioners |
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Court of Tyler County. |
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(3) "District" means the Tyler County Hospital |
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District. |
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(4) "Manager" means a member of the board. (New.) |
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Sec. 1109.002. AUTHORITY FOR OPERATION. The Tyler County |
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Hospital District operates in accordance with Section 9, Article |
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IX, Texas Constitution, and has the powers and responsibilities |
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provided by that section. (Acts 58th Leg., R.S., Ch. 110, Sec. 1 |
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(part).) |
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Sec. 1109.003. ESSENTIAL PUBLIC FUNCTION. The district is |
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a public entity performing an essential public function. (Acts |
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58th Leg., R.S., Ch. 110, Sec. 4(e) (part).) |
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Sec. 1109.004. DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Tyler County. |
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(Acts 58th Leg., R.S., Ch. 110, Sec. 1 (part).) |
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[Sections 1109.005-1109.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT ADMINISTRATION |
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Sec. 1109.051. BOARD APPOINTMENT; TERM. (a) The board |
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consists of: |
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(1) six managers appointed by the commissioners court; |
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and |
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(2) the county judge of Tyler County as an ex officio |
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manager. |
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(b) Appointed managers serve two-year terms. The terms may |
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overlap. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(a) (part).) |
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Sec. 1109.052. QUALIFICATIONS FOR OFFICE. (a) To serve as |
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a manager, a person must be a resident and qualified voter of the |
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district. |
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(b) A district employee may not serve as a manager. (Acts |
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58th Leg., R.S., Ch. 110, Sec. 6(a) (part).) |
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Sec. 1109.053. BOARD VACANCY. The commissioners court |
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shall fill a vacancy on the board by appointment. (Acts 58th Leg., |
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R.S., Ch. 110, Sec. 6(a) (part).) |
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Sec. 1109.054. NONATTENDANCE. The failure of a manager to |
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attend three consecutive regular board meetings causes a vacancy in |
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the manager's office unless the absence is excused by formal action |
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of the board. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(a) (part).) |
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Sec. 1109.055. OFFICERS. (a) The board shall elect from |
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among its members a president, who shall preside, and a vice |
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president, who shall preside in the president's absence. |
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(b) The board shall appoint a secretary, who need not be a |
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manager. |
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(c) Each officer serves a one-year term. |
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(d) The board shall fill a vacancy in a board office for the |
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unexpired term. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(h) (part).) |
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Sec. 1109.056. COMPENSATION; EXPENSES. A manager serves |
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without compensation but may be reimbursed for actual and necessary |
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travel and other expenses incurred in the performance of the |
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manager's duties as determined by the board. The reimbursed |
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expenses must be reported in the district's records. (Acts 58th |
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Leg., R.S., Ch. 110, Sec. 6(a) (part).) |
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Sec. 1109.057. DISTRICT ADMINISTRATOR. (a) The board may |
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appoint a person qualified by training and experience as district |
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administrator. |
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(b) The district administrator serves at the will of the |
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board and receives compensation as may be determined by the board. |
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(c) The board may require the district administrator, |
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before assuming the administrator's duties, to execute a bond |
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payable to the district in an amount set by the board of not less |
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than $5,000 that: |
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(1) is conditioned on the faithful performance of the |
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administrator's duties; and |
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(2) contains other conditions the board may require. |
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(Acts 58th Leg., R.S., Ch. 110, Sec. 6(b) (part).) |
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Sec. 1109.058. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
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Subject to any limitations prescribed by the board, the district |
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administrator shall: |
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(1) perform the duties required by the board; |
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(2) supervise the work and activities of the district; |
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and |
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(3) direct the affairs of the district. (Acts 58th |
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Leg., R.S., Ch. 110, Sec. 6(b) (part).) |
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Sec. 1109.059. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. |
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(a) The board may appoint an assistant district administrator and |
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an attorney. |
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(b) The assistant district administrator and the attorney |
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serve at the will of the board and receive compensation as may be |
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determined by the board. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(b) |
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(part).) |
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Sec. 1109.060. APPOINTMENT AND REMOVAL OF STAFF AND |
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EMPLOYEES. (a) The board may appoint to and remove from the staff |
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any doctors and employ any other employees considered advisable for |
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the efficient operation of the district's hospital or hospital |
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system. |
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(b) The board may delegate to the district administrator the |
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authority to hire employees. |
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(c) The board may spend district money to recruit |
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physicians, nurses, and other trained medical personnel. The board |
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may pay the tuition or other expenses of a full-time medical student |
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or other student in a health occupation who: |
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(1) is enrolled in and is in good standing at an |
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accredited medical school, college, or university; and |
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(2) contractually agrees to become a district employee |
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or independent contractor in return for that assistance. (Acts |
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58th Leg., R.S., Ch. 110, Secs. 6(c), (d) (part).) |
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Sec. 1109.061. RETIREMENT BENEFITS. The board may provide |
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retirement benefits for district employees by: |
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(1) establishing or administering a retirement |
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program; or |
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(2) participating in: |
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(A) the Texas County and District Retirement |
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System; or |
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(B) another statewide retirement system in which |
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the district is eligible to participate. (Acts 58th Leg., R.S., Ch. |
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110, Sec. 6(d) (part).) |
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Sec. 1109.062. SEAL. The board shall have a seal engraved |
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with the district's name to authenticate the acts of the board. The |
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board secretary shall keep the seal. (Acts 58th Leg., R.S., Ch. |
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110, Sec. 6(h) (part).) |
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[Sections 1109.063-1109.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 1109.101. DISTRICT RESPONSIBILITY. The district has |
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full responsibility for providing medical and hospital care for the |
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district's needy and indigent residents. (Acts 58th Leg., R.S., |
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Ch. 110, Secs. 2 (part), 14 (part).) |
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Sec. 1109.102. RESTRICTION ON COUNTY OR MUNICIPALITY |
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TAXATION. Tyler County or a municipality in the county may not |
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impose a tax for hospital purposes. (Acts 58th Leg., R.S., Ch. 110, |
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Secs. 1 (part), 14 (part).) |
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Sec. 1109.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
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The board shall manage, control, and administer: |
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(1) the district's hospital or hospital system; and |
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(2) the district's business, funds, and resources. |
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(Acts 58th Leg., R.S., Ch. 110, Sec. 6(a) (part).) |
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Sec. 1109.104. HOSPITAL OR HOSPITAL SYSTEM. (a) The |
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district shall provide for the establishment, administration, |
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maintenance, operation, and financing of a hospital or hospital |
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system in the district. |
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(b) The district may provide any services or facilities |
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necessary for hospital or medical care, including: |
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(1) rural health clinics; |
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(2) outpatient clinics; |
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(3) nursing homes; |
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(4) home health care agencies; |
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(5) extended care facilities; |
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(6) assisted living or personal care facilities; and |
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(7) retirement, housing, and medical office |
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buildings. (Acts 58th Leg., R.S., Ch. 110, Sec. 2 (part).) |
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Sec. 1109.105. RULES. The board may adopt rules for the |
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operation of the hospital or hospital system. (Acts 58th Leg., |
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R.S., Ch. 110, Sec. 6(a) (part).) |
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Sec. 1109.106. PURCHASING AND ACCOUNTING. (a) The board |
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may prescribe: |
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(1) the method and manner of making purchases and |
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expenditures by and for the district; and |
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(2) all accounting and control procedures. |
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(b) The district shall pay the salaries and expenses |
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necessarily incurred by the board or by an officer or agent of the |
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board in performing a duty prescribed or required by this section or |
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Section 1109.155. |
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(c) An officer, employee, or agent of the board shall |
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perform any function or service prescribed by the board under this |
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section or Section 1109.155. (Acts 58th Leg., R.S., Ch. 110, Sec. 7 |
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(part).) |
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Sec. 1109.107. DISTRICT PROPERTY, FACILITIES, AND |
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EQUIPMENT. (a) The board shall determine: |
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(1) the type, number, and location of buildings |
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required to maintain an adequate hospital system; and |
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(2) the type of equipment necessary for hospital care. |
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(b) The board may: |
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(1) acquire by purchase or lease property, including |
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facilities and equipment, for the district to use in the hospital |
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system; and |
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(2) mortgage or pledge the property as security for |
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the payment of the purchase price. |
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(c) The board may lease district hospital facilities to or |
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from individuals, companies, corporations, or other legal |
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entities. |
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(d) The board may sell or otherwise dispose of property, |
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including facilities and equipment. (Acts 58th Leg., R.S., Ch. |
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110, Sec. 6(e) (part).) |
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Sec. 1109.108. EMINENT DOMAIN. (a) The district may |
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exercise the power of eminent domain to acquire a fee simple or |
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other interest in any type of property, real, personal, or mixed, |
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located in district territory, if the interest is necessary or |
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convenient to exercise a right, power, privilege, or function |
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conferred on the district by this chapter. |
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(b) The district must exercise the power of eminent domain |
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in the manner provided by Chapter 21, Property Code, except the |
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district is not required to deposit in the trial court money or a |
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bond as required by Section 21.021(a), Property Code. |
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(c) In a condemnation proceeding brought by the district, |
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the district is not required to: |
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(1) pay in advance or provide a bond for the issuance |
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of a temporary restraining order or a temporary injunction; or |
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(2) provide a bond for costs or a supersedeas bond on |
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an appeal or petition for review. (Acts 58th Leg., R.S., Ch. 110, |
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Sec. 10.) |
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Sec. 1109.109. GIFTS AND ENDOWMENTS. The board may accept |
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for the district a gift or endowment to be held in trust and |
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administered by the board for the purposes and under the |
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directions, limitations, or provisions prescribed in writing by the |
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donor that are not inconsistent with the proper management and |
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objectives of the district. (Acts 58th Leg., R.S., Ch. 110, Sec. |
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16.) |
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Sec. 1109.110. CONSTRUCTION CONTRACTS. The board may enter |
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into construction contracts for the district. (Acts 58th Leg., |
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R.S., Ch. 110, Sec. 6(e) (part).) |
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Sec. 1109.111. OPERATING AND MANAGEMENT CONTRACTS. The |
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board may enter into an operating or management contract relating |
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to a hospital facility. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(e) |
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(part).) |
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Sec. 1109.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
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CARE AND TREATMENT. The board, with the approval of the |
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commissioners court, may contract with: |
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(1) any county for the care and treatment of a sick or |
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injured person of that county; and |
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(2) this state or a federal agency for the care and |
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treatment of a sick or injured person for whom the state or agency |
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is responsible. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(g) (part).) |
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Sec. 1109.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
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When a patient who resides in the district is admitted to a district |
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facility, the district administrator shall have an inquiry made |
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into the financial circumstances of: |
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(1) the patient; and |
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(2) the patient's relatives legally responsible for |
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the patient's support. |
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(b) The district without charge shall provide to a patient |
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who resides in the district the care and treatment for which the |
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patient or those relatives cannot pay. |
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(c) If the district administrator determines that the |
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patient or those relatives cannot pay for all or part of the |
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patient's care and treatment in the hospital, the amount of the |
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costs that cannot be paid becomes a charge against the district. |
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(d) If the district administrator determines that the |
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patient or those relatives can pay for all or part of the care and |
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treatment provided by the district, the district administrator |
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shall report that determination to the board, and the board shall |
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issue an order directing the patient or those relatives to pay the |
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district a specified amount each week for the patient's support. |
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The amount ordered must be proportionate to the person's financial |
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ability and may not exceed the actual per capita cost of |
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maintenance. |
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(e) The district administrator may collect the amount from |
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the patient's estate, or from any relative legally responsible for |
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the patient's support, in the manner provided by law for the |
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collection of expenses of the last illness of a deceased person. |
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(f) If there is a dispute as to the ability to pay, or doubt |
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in the mind of the district administrator concerning the ability to |
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pay, the county court shall hold a hearing and, after calling |
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witnesses, shall: |
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(1) resolve the dispute or doubt; and |
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(2) issue any appropriate order. |
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(g) Either party to the dispute may appeal the order to the |
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district court. (Acts 58th Leg., R.S., Ch. 110, Secs. 15(a) (part), |
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(b).) |
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Sec. 1109.114. REIMBURSEMENT FOR SERVICES. (a) The board |
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shall require a county, municipality, or public hospital located |
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outside the district to reimburse the district for the district's |
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care or treatment of a sick or injured person for whom that county, |
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municipality, or public hospital has an obligation to provide care, |
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as provided by Chapter 61, Health and Safety Code. |
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(b) The board shall seek reimbursement under Article |
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104.002, Code of Criminal Procedure, for the district's care or |
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treatment of a person who is confined in a Tyler County jail |
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facility and is not a district resident. (Acts 58th Leg., R.S., Ch. |
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110, Sec. 6(g) (part).) |
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Sec. 1109.115. AUTHORITY TO SUE AND BE SUED. The board may |
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sue and be sued. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(a) (part).) |
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[Sections 1109.116-1109.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 1109.151. BUDGET. (a) The district administrator, |
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under the direction of the board, shall prepare a proposed annual |
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budget. |
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(b) The budget must be approved by the board. (Acts 58th |
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Leg., R.S., Ch. 110, Sec. 9(b) (part).) |
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Sec. 1109.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) |
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The board shall publish notice of a public hearing on the proposed |
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annual budget. The notice must be published in a newspaper of |
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general circulation in the district one time before the 10th day |
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before the date of the hearing. |
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(b) The board shall adopt a budget by acting on the budget |
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proposed by the district administrator. |
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(c) The budget is effective only after adoption by the |
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board. (Acts 58th Leg., R.S., Ch. 110, Sec. 9(b) (part).) |
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Sec. 1109.153. AMENDMENTS TO BUDGET. The budget may be |
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amended on the board's approval. (Acts 58th Leg., R.S., Ch. 110, |
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Sec. 9(b) (part).) |
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Sec. 1109.154. FISCAL YEAR. (a) The district operates |
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according to a fiscal year established by the board. |
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(b) The fiscal year may not be changed: |
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(1) when revenue bonds are outstanding; or |
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(2) more than once in a 24-month period. (Acts 58th |
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Leg., R.S., Ch. 110, Sec. 8.) |
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Sec. 1109.155. ANNUAL AUDIT. As soon as practicable after |
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the close of each fiscal year, the board shall have an audit made of |
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the district's financial condition for the fiscal year by an |
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independent public accountant. (Acts 58th Leg., R.S., Ch. 110, |
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Sec. 7 (part).) |
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Sec. 1109.156. FINANCIAL REPORT. (a) As soon as |
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practicable after the close of each fiscal year, the district |
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administrator shall prepare a report that includes: |
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(1) a complete sworn statement of: |
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(A) all money and choses in action received by |
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the administrator; and |
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(B) how the money and choses in action were |
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disbursed or otherwise disposed; and |
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(2) the details of district operation during the |
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preceding fiscal year. |
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(b) The district administrator shall make the report to: |
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(1) the board; and |
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(2) the commissioners court. (Acts 58th Leg., R.S., |
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Ch. 110, Sec. 9(a).) |
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Sec. 1109.157. DEPOSITORY. Every two years, the board |
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shall select a depository for the district to secure all district |
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money in the manner provided for securing county funds. (Acts 58th |
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Leg., R.S., Ch. 110, Sec. 11 (part).) |
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Sec. 1109.158. INVESTMENTS. The board may purchase, sell, |
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and invest district funds in investments authorized by Chapter |
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2256, Government Code. (Acts 58th Leg., R.S., Ch. 110, Sec. 11 |
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(part).) |
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Sec. 1109.159. AUTHORITY TO BORROW MONEY; SECURITY. (a) |
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The board may borrow money at a rate not to exceed the maximum |
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annual percentage rate allowed by law for district obligations at |
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the time the loan is made if the board declares that: |
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(1) money is not available to meet authorized |
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obligations of the district; and |
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(2) an emergency exists. |
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(b) To secure a loan, the board may pledge: |
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(1) district revenue that is not pledged to pay the |
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district's bonded indebtedness; |
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(2) a district tax to be imposed by the district in the |
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next 12-month period that is not pledged to pay the principal of or |
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interest on district bonds; or |
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(3) a district bond that has been authorized but not |
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sold. |
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(c) A loan for which taxes or bonds are pledged must mature |
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not later than the first anniversary of the date the loan is made. A |
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loan for which district revenue is pledged must mature not later |
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than the fifth anniversary of the date the loan is made. |
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(d) The board may not spend money obtained from a loan under |
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this section for any purpose other than: |
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(1) the purpose for which the board declared an |
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emergency; and |
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(2) if district taxes or bonds are pledged to pay the |
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loan, the purposes for which the taxes were imposed or the bonds |
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were authorized. (Acts 58th Leg., R.S., Ch. 110, Sec. 21.) |
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[Sections 1109.160-1109.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 1109.201. GENERAL OBLIGATION BONDS. The commissioners |
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court may issue and sell general obligation bonds of the district |
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for any purpose relating to: |
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(1) purchasing, constructing, acquiring, repairing, |
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or renovating buildings and improvements; |
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(2) equipping buildings and improvements; |
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(3) acquiring or operating a mobile emergency medical |
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service; and |
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(4) hospital purposes. (Acts 58th Leg., R.S., Ch. |
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110, Sec. 4(a) (part).) |
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Sec. 1109.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) An |
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ad valorem tax shall be imposed at a rate sufficient to create an |
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interest and sinking fund to pay the principal of and interest on |
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bonds issued under Section 1109.201 as the bonds mature. |
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(b) The tax required by this section together with any other |
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ad valorem tax imposed for the district may not in any year exceed |
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75 cents on each $100 valuation of all taxable property in the |
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district. (Acts 58th Leg., R.S., Ch. 110, Sec. 4(a) (part).) |
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Sec. 1109.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
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district may issue general obligation bonds only if the bonds are |
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authorized by a majority of the district voters voting at an |
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election held in accordance with the provisions of Chapter 1251, |
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Government Code, relating to county bonds. |
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(b) The commissioners court: |
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(1) may call the election on its own motion; or |
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(2) shall call the election at the request of the |
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board. |
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(c) The cost of the bond election is a charge on the |
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district, and the district must provide for the payment of the bond |
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election costs before the commissioners court is required to order |
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an election. (Acts 58th Leg., R.S., Ch. 110, Sec. 4(a) (part).) |
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Sec. 1109.204. EXECUTION OF GENERAL OBLIGATION BONDS. (a) |
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The county judge of Tyler County shall execute the general |
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obligation bonds in the district's name. |
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(b) The county clerk of Tyler County shall countersign the |
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bonds. (Acts 58th Leg., R.S., Ch. 110, Sec. 4(a) (part).) |
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Sec. 1109.205. REVENUE BONDS. (a) The district may issue |
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revenue bonds to: |
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(1) purchase, construct, acquire, repair, or renovate |
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buildings and improvements; |
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(2) equip buildings and improvements for the hospital |
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or hospital system; |
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(3) acquire sites to be used for hospital purposes; or |
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(4) acquire and operate a mobile emergency medical |
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service to assist the district in carrying out its purposes. |
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(b) The bonds must be payable from and secured by a pledge of |
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all or part of the revenue derived from the operation of the |
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district's hospital system. |
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(c) The bonds may be additionally secured by a mortgage or |
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deed of trust lien on all or part of the district property. |
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(d) The district shall issue revenue bonds in the manner |
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provided by Sections 264.042, 264.043, 264.046, 264.047, 264.048, |
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and 264.049, Health and Safety Code. (Acts 58th Leg., R.S., Ch. |
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110, Sec. 4(c).) |
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Sec. 1109.206. REFUNDING BONDS. (a) The district may, |
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without an election, issue refunding bonds to refund any bonds |
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issued or assumed by the district. |
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(b) A refunding bond may be: |
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(1) sold, with the proceeds of the refunding bond |
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applied to the payment of the outstanding bonds; or |
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(2) exchanged wholly or partly for not less than a |
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similar principal amount of the outstanding bonds. (Acts 58th |
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Leg., R.S., Ch. 110, Secs. 4(a) (part), (b) (part).) |
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Sec. 1109.207. MATURITY OF BONDS. District bonds must |
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mature not later than 40 years after the date of issuance. (Acts |
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58th Leg., R.S., Ch. 110, Sec. 4(g) (part).) |
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Sec. 1109.208. EXECUTION OF BONDS. The board president |
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shall execute district bonds in the district's name, and the board |
|
secretary shall countersign the bonds in the manner provided by |
|
Chapter 618, Government Code. (Acts 58th Leg., R.S., Ch. 110, Sec. |
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4(d).) |
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Sec. 1109.209. BONDS EXEMPT FROM TAXATION. The following |
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are exempt from taxation by this state or a political subdivision of |
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this state: |
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(1) bonds issued by the district; |
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(2) any transaction relating to the bonds; and |
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(3) profits made in the sale of the bonds. (Acts 58th |
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Leg., R.S., Ch. 110, Sec. 4(e) (part).) |
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[Sections 1109.210-1109.250 reserved for expansion] |
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SUBCHAPTER F. TAXES |
|
Sec. 1109.251. IMPOSITION OF AD VALOREM TAX. (a) The |
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commissioners court shall impose a tax for the benefit of the |
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district on all property in the district subject to district |
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taxation. |
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(b) The commissioners court shall impose the tax to: |
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(1) pay the interest on and create a sinking fund for |
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general obligation bonds assumed or issued by the district for |
|
hospital purposes as provided by this chapter; |
|
(2) provide for the operation and maintenance of the |
|
hospital or hospital system; and |
|
(3) when requested by the board and approved by the |
|
commissioners court, make improvements and additions to the |
|
hospital system, and acquire necessary sites for the hospital |
|
system by purchase, lease, or condemnation. |
|
(c) The district may not impose a tax to pay the principal of |
|
or interest on revenue bonds. (Acts 58th Leg., R.S., Ch. 110, Secs. |
|
3 (part), 4(f) (part).) |
|
Sec. 1109.252. TAX RATE. The commissioners court shall |
|
impose the tax at a rate not to exceed 75 cents on each $100 |
|
valuation of all taxable property in the district. (Acts 58th Leg., |
|
R.S., Ch. 110, Sec. 3 (part).) |
|
Sec. 1109.253. TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 58th Leg., R.S., Ch. 110, Sec. |
|
4(f) (part).) |
|
[Sections 1109.254-1109.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1109.301. DISSOLUTION; ELECTION. (a) The district |
|
may be dissolved only on approval of a majority of the district |
|
voters voting in an election held for that purpose. |
|
(b) The board may order an election on the question of |
|
dissolving the district and disposing of the district's assets and |
|
obligations. |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 15 |
|
percent of the registered district voters. |
|
(d) The order calling the election must state: |
|
(1) the nature of the election, including the |
|
proposition to appear on the ballot; |
|
(2) the date of the election; |
|
(3) the hours during which the polls will be open; and |
|
(4) the location of the polling places. |
|
(e) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 58th Leg., R.S., Ch. |
|
110, Secs. 22(a), (b) (part).) |
|
Sec. 1109.302. NOTICE OF ELECTION. (a) The board shall |
|
give notice of an election under this subchapter by publishing once |
|
a week for two consecutive weeks a copy of the election order in a |
|
newspaper with general circulation in the district. |
|
(b) The first publication of notice must appear before the |
|
35th day before the date set for the election. (Acts 58th Leg., |
|
R.S., Ch. 110, Sec. 22(c) (part).) |
|
Sec. 1109.303. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Tyler County Hospital |
|
District." (Acts 58th Leg., R.S., Ch. 110, Sec. 22(c) (part).) |
|
Sec. 1109.304. ELECTION RESULTS. (a) If a majority of the |
|
district voters favor dissolution, the board shall find that the |
|
district is dissolved. |
|
(b) If the board finds that the election results do not |
|
favor the proposition to dissolve the district, another dissolution |
|
election may not be held before the first anniversary of the date of |
|
the most recent election to dissolve the district. (Acts 58th Leg., |
|
R.S., Ch. 110, Secs. 22(d) (part), (g).) |
|
Sec. 1109.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a) |
|
If a majority of the district voters favor dissolution, the board |
|
shall: |
|
(1) transfer the land, buildings, improvements, |
|
equipment, and other assets that belong to the district to Tyler |
|
County or another governmental entity in Tyler County; or |
|
(2) administer the property, assets, and debts until |
|
all money has been disposed of and all district debts have been paid |
|
or settled. |
|
(b) If the board makes the transfer under Subsection (a)(1), |
|
the county or entity assumes all debts and obligations of the |
|
district at the time of the transfer, and the district is dissolved. |
|
(Acts 58th Leg., R.S., Ch. 110, Secs. 22(d) (part), (f).) |
|
Sec. 1109.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES. |
|
(a) Notwithstanding any other provision of this subchapter, the |
|
district may not be dissolved unless the board provides for the sale |
|
or transfer of the district's assets and liabilities to another |
|
person. |
|
(b) The dissolution of the district and the sale or transfer |
|
of the district's assets or liabilities may not: |
|
(1) contravene a trust indenture or bond resolution |
|
relating to the district's outstanding bonds; or |
|
(2) diminish or impair the rights of a holder of an |
|
outstanding bond, warrant, or other obligation of the district. |
|
(c) The sale or transfer of the district's assets and |
|
liabilities must satisfy the debt and bond obligations of the |
|
district in a manner that protects the interests of district |
|
residents, including the residents' collective property rights in |
|
the district's assets. |
|
(d) The district may transfer or dispose of the district's |
|
assets only for due compensation, unless the transfer is made to |
|
another governmental agency embracing the district and using the |
|
transferred assets for the benefit of residents formerly in the |
|
district. |
|
(e) A grant from federal funds is an obligation to be repaid |
|
in satisfaction. (Acts 58th Leg., R.S., Ch. 110, Secs. 22(k), (l).) |
|
Sec. 1109.307. IMPOSITION OF TAX AND RETURN OF SURPLUS |
|
TAXES. (a) After the board finds that the district is dissolved, |
|
the board shall: |
|
(1) determine the debt owed by the district; and |
|
(2) impose on the property included in the district's |
|
tax roll a tax that is in proportion of the debt to the property |
|
value. |
|
(b) On the payment of all outstanding debts and obligations |
|
of the district, the board shall order the board secretary to return |
|
to each district taxpayer the taxpayer's pro rata share of all |
|
unused tax money. |
|
(c) A taxpayer may request that the taxpayer's share of |
|
surplus tax money be credited to the taxpayer's county taxes. If a |
|
taxpayer requests the credit, the board shall direct the board |
|
secretary to transmit the money to the Tyler County tax |
|
assessor-collector. (Acts 58th Leg., R.S., Ch. 110, Secs. 22(e), |
|
(h).) |
|
Sec. 1109.308. REPORT; DISSOLUTION ORDER. (a) After the |
|
district has paid all district debts and has disposed of all |
|
district money and other assets as prescribed by this subchapter, |
|
the board shall file a written report with the commissioners court |
|
summarizing the board's actions in dissolving the district. |
|
(b) Not later than the 10th day after the date the |
|
commissioners court receives the report and determines that the |
|
requirements of this subchapter have been fulfilled, the |
|
commissioners court shall enter an order: |
|
(1) dissolving the district; and |
|
(2) disbanding and releasing the board from any |
|
further duty or obligation. (Acts 58th Leg., R.S., Ch. 110, Secs. |
|
22(i), (j).) |
|
CHAPTER 1110. VAL VERDE COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1110.001. DEFINITIONS |
|
Sec. 1110.002. AUTHORITY FOR OPERATION |
|
Sec. 1110.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1110.004. DISTRICT TERRITORY |
|
Sec. 1110.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1110.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1110.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1110.008-1110.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1110.051. BOARD ELECTION; TERM |
|
Sec. 1110.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 1110.053. EX OFFICIO DIRECTOR |
|
Sec. 1110.054. BALLOT PETITION |
|
Sec. 1110.055. NOTICE OF ELECTION |
|
Sec. 1110.056. BOARD VACANCY |
|
Sec. 1110.057. OFFICERS |
|
Sec. 1110.058. COMPENSATION |
|
Sec. 1110.059. BOND; RECORD OF BOND AND OATH |
|
Sec. 1110.060. VOTING REQUIREMENT |
|
Sec. 1110.061. BOARD MEETINGS |
|
Sec. 1110.062. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1110.063. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1110.064. APPOINTMENT OF STAFF AND EMPLOYEES |
|
Sec. 1110.065. SENIORITY; RETIREMENT BENEFITS |
|
[Sections 1110.066-1110.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1110.101. DISTRICT RESPONSIBILITY |
|
Sec. 1110.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1110.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1110.104. HOSPITAL SYSTEM |
|
Sec. 1110.105. RULES |
|
Sec. 1110.106. PURCHASING AND ACCOUNTING |
|
Sec. 1110.107. OPERATING, MANAGEMENT, OR CONSULTING |
|
CONTRACTS |
|
Sec. 1110.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1110.109. GIFTS AND ENDOWMENTS |
|
Sec. 1110.110. CONSTRUCTION AND PURCHASE CONTRACTS |
|
Sec. 1110.111. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1110.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1110.113. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1110.114. FEE SCHEDULE FOR OUT-OF-DISTRICT |
|
RESIDENTS |
|
Sec. 1110.115. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1110.116-1110.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1110.151. BUDGET |
|
Sec. 1110.152. PROPOSED BUDGET: NOTICE AND HEARING; |
|
APPROVAL OF BUDGET |
|
Sec. 1110.153. AMENDMENTS TO BUDGET |
|
Sec. 1110.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1110.155. FISCAL YEAR |
|
Sec. 1110.156. ANNUAL AUDIT |
|
Sec. 1110.157. INSPECTION OF AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1110.158. FINANCIAL REPORT |
|
Sec. 1110.159. DEPOSITORY |
|
Sec. 1110.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1110.161-1110.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1110.201. GENERAL OBLIGATION BONDS |
|
Sec. 1110.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1110.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1110.204. REVENUE BONDS |
|
Sec. 1110.205. REFUNDING BONDS |
|
Sec. 1110.206. MATURITY OF BONDS |
|
Sec. 1110.207. EXECUTION OF BONDS |
|
Sec. 1110.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1110.209-1110.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1110.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1110.252. TAX RATE |
|
CHAPTER 1110. VAL VERDE COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1110.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Val Verde County Hospital |
|
District. (New.) |
|
Sec. 1110.002. AUTHORITY FOR OPERATION. The Val Verde |
|
County Hospital District operates in accordance with Section 9, |
|
Article IX, Texas Constitution, and has the rights, powers, and |
|
duties provided by that section and this chapter. (Acts 64th Leg., |
|
R.S., Ch. 658, Sec. 1 (part).) |
|
Sec. 1110.003. ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 64th Leg., R.S., Ch. 658, Sec. 21 (part).) |
|
Sec. 1110.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Val Verde County, |
|
Texas. (Acts 64th Leg., R.S., Ch. 658, Sec. 1 (part).) |
|
Sec. 1110.005. CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 64th Leg., R.S., Ch. 658, Sec. 23 (part).) |
|
Sec. 1110.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 64th |
|
Leg., R.S., Ch. 658, Sec. 20 (part).) |
|
Sec. 1110.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 64th Leg., R.S., Ch. 658, Sec. 20 (part).) |
|
[Sections 1110.008-1110.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1110.051. BOARD ELECTION; TERM. (a) The board |
|
consists of seven directors elected as follows: |
|
(1) one director elected from each county |
|
commissioners precinct; and |
|
(2) three directors elected from the district at |
|
large. |
|
(b) A district voter may vote on the directors to be elected |
|
at large and on the director to be elected from the precinct in |
|
which the voter resides. |
|
(c) On the May uniform election date of each even-numbered |
|
year or another date authorized by law, the appropriate number of |
|
directors shall be elected. |
|
(d) Directors serve staggered four-year terms. (Acts 64th |
|
Leg., R.S., Ch. 658, Secs. 4(a) (part), (c) (part).) |
|
Sec. 1110.052. QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) at least 18 years of age at the time of the |
|
appointment or election; |
|
(2) a resident of the district; and |
|
(3) a qualified voter. |
|
(b) A director who represents a county commissioners |
|
precinct must be a resident of that precinct. (Acts 64th Leg., |
|
R.S., Ch. 658, Sec. 4(a) (part).) |
|
Sec. 1110.053. EX OFFICIO DIRECTOR. The chief of staff may |
|
serve as an ex officio director without the right to vote as a |
|
director. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(a) (part).) |
|
Sec. 1110.054. BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 10 registered voters; and |
|
(2) filed by the deadline imposed by Section 144.005, |
|
Election Code. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(c) (part).) |
|
Sec. 1110.055. NOTICE OF ELECTION. At least 10 days before |
|
the date of a directors' election, notice of the election shall be |
|
published one time in a newspaper of general circulation in Val |
|
Verde County. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(c) (part).) |
|
Sec. 1110.056. BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than four |
|
for any reason, the remaining directors shall immediately call a |
|
special election to fill the vacancies. If the remaining directors |
|
do not call the election, a district court, on application of a |
|
district voter or taxpayer, may order the directors to hold the |
|
election. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(b) (part).) |
|
Sec. 1110.057. OFFICERS. The board shall elect from among |
|
its members a president and secretary. (Acts 64th Leg., R.S., Ch. |
|
658, Sec. 4(b) (part).) |
|
Sec. 1110.058. COMPENSATION. A director serves without |
|
compensation. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(a) (part).) |
|
Sec. 1110.059. BOND; RECORD OF BOND AND OATH. (a) Each |
|
director shall execute a good and sufficient bond for $1,000 that |
|
is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) Each director's bond and constitutional oath of office |
|
must be deposited with the district's depository bank for |
|
safekeeping. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(a) (part).) |
|
Sec. 1110.060. VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(b) (part).) |
|
Sec. 1110.061. BOARD MEETINGS. (a) A board meeting may be |
|
called by the president or any four directors. |
|
(b) Notice of the time and place of a board meeting must be |
|
given to each director at least 72 hours before the time of the |
|
meeting. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(b) (part).) |
|
Sec. 1110.062. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board may appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The administrator and assistant administrator, if any, |
|
serve at the will of the board and shall receive the compensation |
|
determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains any other condition the board requires. |
|
(Acts 64th Leg., R.S., Ch. 658, Sec. 6 (part).) |
|
Sec. 1110.063. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to any limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 64th |
|
Leg., R.S., Ch. 658, Sec. 6 (part).) |
|
Sec. 1110.064. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as warranted. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys as the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ technicians, nurses, and district employees. |
|
(Acts 64th Leg., R.S., Ch. 658, Secs. 6 (part), 15.) |
|
Sec. 1110.065. SENIORITY; RETIREMENT BENEFITS. The board |
|
may: |
|
(1) adopt rules relating to the seniority of district |
|
employees, including rules for a retirement plan based on |
|
seniority; and |
|
(2) give effect to previous years of service for those |
|
employees continuously employed in the operation or management of |
|
hospital facilities: |
|
(A) constructed by the district; or |
|
(B) acquired by the district, including |
|
facilities acquired when the district was created because of former |
|
Section 2, Chapter 658, Acts of the 64th Legislature, Regular |
|
Session, 1975. (Acts 64th Leg., R.S., Ch. 658, Sec. 6 (part).) |
|
[Sections 1110.066-1110.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1110.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing hospital care for the district's |
|
indigent residents. (Acts 64th Leg., R.S., Ch. 658, Sec. 19 |
|
(part).) |
|
Sec. 1110.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital purposes or to provide medical care. (Acts 64th Leg., |
|
R.S., Ch. 658, Sec. 19 (part).) |
|
Sec. 1110.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and all the district's money and resources. (Acts 64th Leg., R.S., |
|
Ch. 658, Sec. 6 (part).) |
|
Sec. 1110.104. HOSPITAL SYSTEM. The district shall provide |
|
for: |
|
(1) the establishment of a hospital system by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and equipment; and |
|
(B) equipping the buildings; and |
|
(2) the administration of the hospital system for |
|
hospital purposes. (Acts 64th Leg., R.S., Ch. 658, Sec. 2 (part).) |
|
Sec. 1110.105. RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 64th Leg., R.S., Ch. 658, |
|
Sec. 6 (part).) |
|
Sec. 1110.106. PURCHASING AND ACCOUNTING. The board may |
|
prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 64th |
|
Leg., R.S., Ch. 658, Sec. 11(a).) |
|
Sec. 1110.107. OPERATING, MANAGEMENT, OR CONSULTING |
|
CONTRACTS. (a) The board may enter into an operating, management, |
|
or consulting contract with respect to all or part of the district's |
|
facilities. The contract must provide that the board retains |
|
responsibility for and control of the district's operation. |
|
(b) A company providing services to the district under the |
|
contract, and the officers, directors, and employees of the |
|
company, while performing services under the contract for benefit |
|
of the district: |
|
(1) are employees of the district solely for purposes |
|
of the immunity or liability of the company and the company's |
|
officers, directors, and employees; and |
|
(2) have immunity or limited liability under laws |
|
applicable to district employees, whether statutory or common law, |
|
to the extent a district employee would be entitled to immunity or |
|
limited liability under the same circumstances. (Acts 64th Leg., |
|
R.S., Ch. 658, Sec. 10(a).) |
|
Sec. 1110.108. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board may lease all or part of the district's |
|
property, including facilities or equipment, on terms the board |
|
considers to be in the best interest of the district's residents. |
|
The term of the lease may not exceed 25 years from the date entered. |
|
(b) The board may: |
|
(1) lease or acquire property, including facilities or |
|
equipment, for the use of the district; and |
|
(2) mortgage or pledge the property as security for |
|
the payment of the purchase price. |
|
(c) The board may sell or otherwise dispose of property, |
|
including facilities or equipment, for the district. Sale or other |
|
disposal under this subsection must be at a public sale and at a |
|
price and on terms the board determines are most advantageous to the |
|
district. |
|
(d) The board may donate to another governmental entity or |
|
to a charitable organization any surplus personal property or |
|
equipment if the donation serves a public purpose and is |
|
accompanied by adequate consideration. (Acts 64th Leg., R.S., Ch. |
|
658, Secs. 10(b), (c), (d), 11(c) (part).) |
|
Sec. 1110.109. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, and other provisions prescribed in |
|
writing by the donor that are not inconsistent with the proper |
|
management and objectives of the district. (Acts 64th Leg., R.S., |
|
Ch. 658, Sec. 18 (part).) |
|
Sec. 1110.110. CONSTRUCTION AND PURCHASE CONTRACTS. (a) A |
|
construction contract that involves the expenditure of more than |
|
$50,000 shall be procured in the manner provided by Subchapter B, |
|
Chapter 271, Local Government Code. |
|
(b) A contract for a purchase that involves the expenditure |
|
of more than $50,000, other than a contract subject to Subchapter B, |
|
Chapter 271, Local Government Code, or Chapter 2253, Government |
|
Code, shall be procured in the manner provided by Subchapter C, |
|
Chapter 262, Local Government Code. |
|
(c) The provisions of Chapter 2253, Government Code, |
|
relating to performance and payment bonds, apply to construction |
|
contracts let by the district. (Acts 64th Leg., R.S., Ch. 658, Sec. |
|
11(b).) |
|
Sec. 1110.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. The board may contract with: |
|
(1) any county or municipality located outside the |
|
district's boundaries for the care and treatment of a sick or |
|
injured person of that county or municipality; and |
|
(2) this state or a federal agency for the treatment of |
|
a sick or injured person. (Acts 64th Leg., R.S., Ch. 658, Sec. 6 |
|
(part).) |
|
Sec. 1110.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with a |
|
political subdivision or governmental agency for the district to |
|
provide investigatory or other services as to the hospital or |
|
welfare needs of district inhabitants. (Acts 64th Leg., R.S., Ch. |
|
658, Sec. 6 (part).) |
|
Sec. 1110.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay for all or part of the |
|
patient's care and treatment in the hospital, the amount that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the patient's |
|
care and treatment, the patient or those relatives shall be ordered |
|
to pay the district a specified amount each week for the patient's |
|
care and support. The amount ordered must be proportionate to their |
|
financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from those relatives legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 64th Leg., R.S., Ch. 658, Sec. 16.) |
|
Sec. 1110.114. FEE SCHEDULE FOR OUT-OF-DISTRICT RESIDENTS. |
|
The board may adopt a fee schedule for services rendered to |
|
out-of-district residents which may be different from the fee |
|
schedule for services rendered to district residents. (Acts 64th |
|
Leg., R.S., Ch. 658, Sec. 17.) |
|
Sec. 1110.115. AUTHORITY TO SUE AND BE SUED. (a) The |
|
district, through the board, may sue and be sued. |
|
(b) The district is entitled to all causes of action and |
|
defenses to which similar authorities performing only governmental |
|
functions are entitled. (Acts 64th Leg., R.S., Ch. 658, Sec. 6 |
|
(part).) |
|
[Sections 1110.116-1110.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1110.151. BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand to the credit of each district |
|
fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; |
|
(7) the estimated tax rate required; and |
|
(8) the proposed expenditures and disbursements and |
|
the estimated receipts and collections for the following fiscal |
|
year. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).) |
|
Sec. 1110.152. PROPOSED BUDGET: NOTICE AND HEARING; |
|
APPROVAL OF BUDGET. (a) The board shall hold a public hearing on |
|
the proposed annual budget. |
|
(b) At least 10 days before the date of the hearing, notice |
|
of the hearing shall be published one time in a newspaper or |
|
newspapers that individually or collectively provide general |
|
circulation in the district. |
|
(c) Any property tax payer of the district is entitled to be |
|
present and participate at the hearing in accordance with the rules |
|
of decorum and procedures prescribed by the board. |
|
(d) At the conclusion of the hearing, the board shall act on |
|
the budget proposed by the district administrator. The board may |
|
make any changes in the proposed budget that the board judges the |
|
law warrants and the interests of the taxpayers demand. The board |
|
must approve the annual budget. (Acts 64th Leg., R.S., Ch. 658, Sec. |
|
7 (part).) |
|
Sec. 1110.153. AMENDMENTS TO BUDGET. The annual budget may |
|
be amended as required by circumstances. The board must approve all |
|
amendments. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).) |
|
Sec. 1110.154. RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).) |
|
Sec. 1110.155. FISCAL YEAR. (a) The district operates |
|
according to a fiscal year established by the board. |
|
(b) The fiscal year may not be changed more than once in any |
|
24-month period. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).) |
|
Sec. 1110.156. ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's financial |
|
condition for the fiscal year. |
|
(b) As soon as the audit is completed, the audit shall be |
|
filed at the district's office. (Acts 64th Leg., R.S., Ch. 658, |
|
Sec. 7 (part).) |
|
Sec. 1110.157. INSPECTION OF AUDIT AND DISTRICT RECORDS. |
|
The audit and other district records shall be open to inspection at |
|
the district's principal office. (Acts 64th Leg., R.S., Ch. 658, |
|
Sec. 7 (part).) |
|
Sec. 1110.158. FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursement of that |
|
money. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).) |
|
Sec. 1110.159. DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) District money, other than money invested as provided by |
|
Section 1110.160(b) and money transmitted to a bank for payment of |
|
bonds or obligations issued or assumed by the district, shall be |
|
deposited as received with the depository bank and shall remain on |
|
deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to: |
|
(1) place a part of district money on time deposit; or |
|
(2) purchase certificates of deposit. (Acts 64th |
|
Leg., R.S., Ch. 658, Sec. 12.) |
|
Sec. 1110.160. SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1110.108(b) and Sections |
|
1110.201-1110.207, the district may not incur an obligation payable |
|
from district revenue other than the revenue on hand or to be on |
|
hand in the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building fund reserves only in funds or securities specified by |
|
Chapter 2256, Government Code. (Acts 64th Leg., R.S., Ch. 658, |
|
Secs. 6 (part), 11(c) (part).) |
|
[Sections 1110.161-1110.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1110.201. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) constructing, acquiring, repairing, or renovating |
|
buildings and improvements; and |
|
(2) equipping buildings and improvements for hospital |
|
purposes. (Acts 64th Leg., R.S., Ch. 658, Sec. 8 (part).) |
|
Sec. 1110.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district under |
|
Section 1110.201, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed the |
|
tax rate approved by the voters at the election authorizing the |
|
imposition of the tax. (Acts 64th Leg., R.S., Ch. 658, Sec. 8 |
|
(part).) |
|
Sec. 1110.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The order calling the bond election must provide for |
|
clerks as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum interest rate of the bonds; and |
|
(6) the maximum maturity of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 64th Leg., R.S., Ch. 658, |
|
Sec. 8 (part).) |
|
Sec. 1110.204. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to purchase, construct, acquire, repair, renovate, |
|
or equip buildings and improvements for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the district revenue derived from the operation of |
|
the district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health |
|
and Safety Code, for issuance of revenue bonds by a county hospital |
|
authority. (Acts 64th Leg., R.S., Ch. 658, Sec. 9(b) (part).) |
|
Sec. 1110.205. REFUNDING BONDS. (a) The board may issue |
|
refunding bonds to refund outstanding indebtedness issued or |
|
assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 64th |
|
Leg., R.S., Ch. 658, Secs. 9(a) (part), (b) (part).) |
|
Sec. 1110.206. MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after their date of issuance. (Acts |
|
64th Leg., R.S., Ch. 658, Sec. 9(c) (part).) |
|
Sec. 1110.207. EXECUTION OF BONDS. The board president |
|
shall execute the district's bonds in the district's name and the |
|
board secretary shall countersign the bonds in the manner provided |
|
by Chapter 618, Government Code. (Acts 64th Leg., R.S., Ch. 658, |
|
Sec. 9(c) (part).) |
|
Sec. 1110.208. BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) any bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) any profits made in the sale of the bonds. (Acts |
|
64th Leg., R.S., Ch. 658, Sec. 21 (part).) |
|
[Sections 1110.209-1110.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1110.251. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax for the benefit of the |
|
district to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds and other obligations issued or assumed by the district for |
|
hospital purposes as provided by this chapter; |
|
(2) pay indebtedness incurred or assumed by the |
|
district; |
|
(3) provide for the operation and maintenance of the |
|
district and hospital system; and |
|
(4) make improvements and additions to the hospital |
|
system. (Acts 64th Leg., R.S., Ch. 658, Secs. 5 (part), 13 (part).) |
|
Sec. 1110.252. TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 30 cents on each $100 valuation of all |
|
taxable property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 64th |
|
Leg., R.S., Ch. 658, Secs. 5 (part), 13 (part).) |
|
CHAPTER 1112. WEST COKE COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1112.001. DEFINITIONS |
|
Sec. 1112.002. AUTHORITY FOR CREATION |
|
Sec. 1112.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1112.004. DISTRICT TERRITORY |
|
Sec. 1112.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1112.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1112.007-1112.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1112.051. BOARD ELECTION; TERM |
|
Sec. 1112.052. NOTICE OF ELECTION |
|
Sec. 1112.053. BALLOT PETITION |
|
Sec. 1112.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1112.055. FILING OF OATH |
|
Sec. 1112.056. BOARD VACANCY |
|
Sec. 1112.057. OFFICERS |
|
Sec. 1112.058. COMPENSATION |
|
Sec. 1112.059. VOTING REQUIREMENT |
|
Sec. 1112.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR |
|
Sec. 1112.061. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1112.062. EMPLOYEES |
|
Sec. 1112.063. RETIREMENT PROGRAM |
|
Sec. 1112.064. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
[Sections 1112.065-1112.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1112.101. DISTRICT RESPONSIBILITY |
|
Sec. 1112.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1112.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1112.104. HOSPITAL SYSTEM |
|
Sec. 1112.105. RULES |
|
Sec. 1112.106. PURCHASING AND ACCOUNTING |
|
Sec. 1112.107. EMINENT DOMAIN |
|
Sec. 1112.108. GIFTS AND ENDOWMENTS |
|
Sec. 1112.109. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1112.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1112.111. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1112.112-1112.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1112.151. BUDGET |
|
Sec. 1112.152. FISCAL YEAR |
|
Sec. 1112.153. AUDIT |
|
Sec. 1112.154. FINANCIAL REPORT |
|
Sec. 1112.155. DEPOSITORY |
|
[Sections 1112.156-1112.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1112.201. GENERAL OBLIGATION BONDS |
|
Sec. 1112.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1112.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1112.204. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1112.205. REFUNDING BONDS |
|
Sec. 1112.206. BONDS EXEMPT FROM TAXATION |
|
[Sections 1112.207-1112.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1112.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1112.252. TAX RATE |
|
Sec. 1112.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1112.254. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1112. WEST COKE COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1112.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the West Coke County Hospital |
|
District. (New.) |
|
Sec. 1112.002. AUTHORITY FOR CREATION. The West Coke |
|
County Hospital District is created under the authority of Section |
|
9, Article IX, Texas Constitution, and has the rights, powers, and |
|
duties prescribed by this chapter. (Acts 58th Leg., R.S., Ch. 315, |
|
Sec. 1 (part).) |
|
Sec. 1112.003. ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 58th Leg., R.S., Ch. 315, Sec. 10 (part).) |
|
Sec. 1112.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of County |
|
Commissioners Precincts 1 and 3 of Coke County, Texas, as those |
|
boundaries existed on January 1, 1963. (Acts 58th Leg., R.S., Ch. |
|
315, Sec. 1 (part).) |
|
Sec. 1112.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 58th |
|
Leg., R.S., Ch. 315, Sec. 20 (part).) |
|
Sec. 1112.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 58th Leg., R.S., Ch. 315, Sec. 20 (part).) |
|
[Sections 1112.007-1112.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1112.051. BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of five directors elected from the district at |
|
large. |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code, directors serve staggered two-year |
|
terms, with the terms of two or three directors expiring each year, |
|
as appropriate. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) |
|
Sec. 1112.052. NOTICE OF ELECTION. At least 10 days before |
|
the date of a directors' election, notice of the election must be |
|
published one time in a newspaper of general circulation in Coke |
|
County. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) |
|
Sec. 1112.053. BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file a petition requesting that action. The petition must be: |
|
(1) signed by at least 25 registered voters; and |
|
(2) filed by the deadline imposed by Section 144.005, |
|
Election Code. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) |
|
Sec. 1112.054. QUALIFICATIONS FOR OFFICE. A person must at |
|
the time of election or appointment as director: |
|
(1) be a resident of the district; |
|
(2) own land subject to taxation in the district; and |
|
(3) be at least 18 years of age. (Acts 58th Leg., |
|
R.S., Ch. 315, Sec. 4 (part).) |
|
Sec. 1112.055. FILING OF OATH. The constitutional oath of |
|
office executed by a director must be filed in the district's |
|
office. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) |
|
Sec. 1112.056. BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than |
|
three for any reason, the remaining directors shall immediately |
|
call a special election to fill the vacancies. If the remaining |
|
directors do not call the election, the county judge of Coke County |
|
may fill the vacancies by appointment. (Acts 58th Leg., R.S., Ch. |
|
315, Sec. 4 (part).) |
|
Sec. 1112.057. OFFICERS. The board shall elect from among |
|
its members a president, a vice president, and a secretary. (Acts |
|
58th Leg., R.S., Ch. 315, Sec. 4 (part).) |
|
Sec. 1112.058. COMPENSATION. A director serves without |
|
compensation. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) |
|
Sec. 1112.059. VOTING REQUIREMENT. A concurrence of three |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) |
|
Sec. 1112.060. DISTRICT ADMINISTRATOR; ASSISTANT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The district administrator and any assistant |
|
administrator serve at the will of the board and shall receive the |
|
compensation determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $10,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 58th Leg., R.S., Ch. 315, Sec. 5 (part).) |
|
Sec. 1112.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to any limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 58th |
|
Leg., R.S., Ch. 315, Sec. 5 (part).) |
|
Sec. 1112.062. EMPLOYEES. The board may employ any |
|
doctors, technicians, nurses, and other employees as considered |
|
necessary for the efficient operation of the district or may |
|
provide that the district administrator has the authority to employ |
|
those persons. (Acts 58th Leg., R.S., Ch. 315, Sec. 5 (part).) |
|
Sec. 1112.063. RETIREMENT PROGRAM. The board may enter |
|
into any contract or agreement with this state or the federal |
|
government as required to establish or continue a retirement |
|
program for the benefit of the district's employees. (Acts 58th |
|
Leg., R.S., Ch. 315, Sec. 5 (part).) |
|
Sec. 1112.064. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
(a) The board shall: |
|
(1) keep an accurate account of board meetings and |
|
proceedings; and |
|
(2) maintain at the district's principal office all |
|
district records and accounts, including contracts, notices, |
|
duplicate vouchers, and duplicate receipts. |
|
(b) The information described by Subsection (a) shall be |
|
open to public inspection at the district's principal office at all |
|
reasonable times. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) |
|
[Sections 1112.065-1112.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1112.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) operating all hospital facilities for providing |
|
medical and hospital care of indigent persons; and |
|
(2) providing medical and hospital care for the |
|
district's needy inhabitants. (Acts 58th Leg., R.S., Ch. 315, |
|
Secs. 2 (part), 19 (part).) |
|
Sec. 1112.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. Coke County or another political subdivision, |
|
other than the district, may not impose a tax or issue bonds or |
|
other obligations for hospital purposes for medical treatment of |
|
indigent persons in the district. (Acts 58th Leg., R.S., Ch. 315, |
|
Sec. 19 (part).) |
|
Sec. 1112.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district's |
|
hospitals and hospital system. (Acts 58th Leg., R.S., Ch. 315, Sec. |
|
5 (part).) |
|
Sec. 1112.104. HOSPITAL SYSTEM. (a) The district shall |
|
provide for: |
|
(1) the establishment of a hospital system by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and equipment; and |
|
(B) equipping the buildings; and |
|
(2) the administration of the hospital system for |
|
hospital purposes. |
|
(b) The board shall determine the type, number, and location |
|
of buildings required to maintain an adequate hospital system. |
|
(c) The hospital system may include: |
|
(1) outpatient clinics; and |
|
(2) any other facilities the board considers necessary |
|
for hospital care. (Acts 58th Leg., R.S., Ch. 315, Secs. 2 (part), |
|
7A.) |
|
Sec. 1112.105. RULES. The board may adopt rules for the |
|
operation of the district and as required to administer this |
|
chapter. (Acts 58th Leg., R.S., Ch. 315, Secs. 5 (part), 11 |
|
(part).) |
|
Sec. 1112.106. PURCHASING AND ACCOUNTING. The board may |
|
prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 58th |
|
Leg., R.S., Ch. 315, Sec. 11 (part).) |
|
Sec. 1112.107. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient to a power, |
|
right, or privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code. (Acts 58th |
|
Leg., R.S., Ch. 315, Sec. 14.) |
|
Sec. 1112.108. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 58th Leg., R.S., Ch. 315, |
|
Sec. 17.) |
|
Sec. 1112.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. The board may contract with: |
|
(1) any county or municipality located outside the |
|
district for the care and treatment of a sick or injured person of |
|
that county or municipality; and |
|
(2) this state or a federal agency for the treatment of |
|
a sick or injured person for whom this state or the federal |
|
government is responsible. (Acts 58th Leg., R.S., Ch. 315, Sec. 5 |
|
(part).) |
|
Sec. 1112.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator shall have an inquiry made |
|
into the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay all or part of the patient's |
|
care and treatment in the hospital, the amount that cannot be paid |
|
becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the patient's |
|
care and treatment, the patient or those relatives shall be ordered |
|
to pay the district a specified amount each week for the patient's |
|
support. The amount ordered must be proportionate to the person's |
|
financial ability and may not exceed the actual per capita cost of |
|
maintenance. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from those relatives legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. (Acts 58th Leg., |
|
R.S., Ch. 315, Sec. 16.) |
|
Sec. 1112.111. AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 58th Leg., R.S., Ch. |
|
315, Sec. 5 (part).) |
|
[Sections 1112.112-1112.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1112.151. BUDGET. (a) The district administrator |
|
shall prepare for approval by the board an annual budget that |
|
corresponds to the district's fiscal year. |
|
(b) Not later than August 31 of each year, the board shall |
|
publish notice of a public hearing on the proposed budget. The |
|
notice must be published in a newspaper of general circulation in |
|
Coke County at least 10 days before the date of the hearing. (Acts |
|
58th Leg., R.S., Ch. 315, Secs. 6 (part), 18.) |
|
Sec. 1112.152. FISCAL YEAR. The district operates on a |
|
fiscal year that begins on October 1 and ends on September 30. |
|
(Acts 58th Leg., R.S., Ch. 315, Sec. 6 (part).) |
|
Sec. 1112.153. AUDIT. (a) The district shall have an audit |
|
made of the district's financial condition. |
|
(b) The audit shall be open to inspection at all times at the |
|
district's principal office. (Acts 58th Leg., R.S., Ch. 315, Sec. 6 |
|
(part).) |
|
Sec. 1112.154. FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 58th Leg., R.S., Ch. 315, Sec. 6 (part).) |
|
Sec. 1112.155. DEPOSITORY. (a) The board shall select one |
|
or more banks in the district to serve as a depository for district |
|
money. |
|
(b) All district money shall be immediately deposited on |
|
receipt with a depository bank, except that sufficient money must |
|
be remitted to an appropriate bank to pay the principal of and |
|
interest on the district's outstanding bonds or other obligations |
|
assumed by the district on or before the maturity date of the |
|
principal and interest. |
|
(c) To the extent that money in a depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. |
|
(d) Membership on the district's board of an officer or |
|
director of a bank does not disqualify the bank from being selected |
|
as a depository. (Acts 58th Leg., R.S., Ch. 315, Sec. 12.) |
|
[Sections 1112.156-1112.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1112.201. GENERAL OBLIGATION BONDS. (a) The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose related to the purchase, |
|
construction, acquisition, repair, or renovation of buildings and |
|
improvements, and equipping buildings and improvements for a |
|
hospital and the hospital system, as determined by the board. |
|
(b) The board shall issue the bonds in compliance with the |
|
applicable provisions of Subtitles A and C, Title 9, Government |
|
Code. (Acts 58th Leg., R.S., Ch. 315, Sec. 9 (part).) |
|
Sec. 1112.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, the |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund and to pay the principal of and |
|
interest on the bonds as the bonds mature. |
|
(b) The tax required by this section, together with any |
|
other ad valorem tax the district imposes, may not in any year |
|
exceed 25 cents on each $100 valuation of taxable property in the |
|
district. (Acts 58th Leg., R.S., Ch. 315, Sec. 9 (part).) |
|
Sec. 1112.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board shall call the election. The election must be |
|
held in accordance with Chapter 1251, Government Code. |
|
(c) The bond election order must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding election officers; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum maturity of the bonds; and |
|
(6) the maximum interest rate of the bonds. (Acts 58th |
|
Leg., R.S., Ch. 315, Sec. 9 (part).) |
|
Sec. 1112.204. EXECUTION OF GENERAL OBLIGATION BONDS. The |
|
board president shall execute the general obligation bonds in the |
|
district's name and the board secretary shall attest the bonds. |
|
(Acts 58th Leg., R.S., Ch. 315, Sec. 9 (part).) |
|
Sec. 1112.205. REFUNDING BONDS. (a) District refunding |
|
bonds may, without an election, be issued to refund any bonds or |
|
other refundable indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding bonds or other refundable |
|
indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of the outstanding bonds or other |
|
refundable indebtedness. (Acts 58th Leg., R.S., Ch. 315, Sec. 9 |
|
(part).) |
|
Sec. 1112.206. BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) any profits made in the sale of the bonds. (Acts |
|
58th Leg., R.S., Ch. 315, Sec. 10 (part).) |
|
[Sections 1112.207-1112.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1112.251. IMPOSITION OF AD VALOREM TAX. (a) The |
|
district may impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The tax may be used to meet the requirements of: |
|
(1) district bonds; |
|
(2) indebtedness assumed by the district; and |
|
(3) district maintenance and operating expenses. |
|
(Acts 58th Leg., R.S., Ch. 315, Sec. 3 (part).) |
|
Sec. 1112.252. TAX RATE. Unless the rate is increased as |
|
provided by Section 1112.253, the district may impose the tax at a |
|
rate not to exceed 25 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 58th Leg., R.S., Ch. 315, Secs. 3 |
|
(part), 9A (part).) |
|
Sec. 1112.253. ELECTION TO INCREASE MAXIMUM TAX RATE. (a) |
|
The board may order an election to increase the district's maximum |
|
tax rate to a rate not to exceed 75 cents on each $100 valuation of |
|
all taxable property in the district. |
|
(b) Notice of election shall be given by publishing a |
|
substantial copy of the election order in a newspaper of general |
|
circulation in the district once a week for two consecutive weeks |
|
before the date of the election. The first notice must be published |
|
at least 14 days before the date of the election. |
|
(c) The ballot for the election shall be printed to permit |
|
voting for or against the proposition: "The imposition of annual |
|
taxes by the district for hospital purposes at a rate not to exceed |
|
75 cents on the $100 valuation of all taxable property in the |
|
district." |
|
(d) If a majority of district voters approve the |
|
proposition, the board may impose taxes as authorized by the |
|
proposition. |
|
(e) A copy of the election results are a public record. |
|
(Acts 58th Leg., R.S., Ch. 315, Secs. 3 (part), 9A (part).) |
|
Sec. 1112.254. TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Coke County shall assess and collect taxes |
|
imposed by the district. (Acts 58th Leg., R.S., Ch. 315, Sec. 15 |
|
(part).) |
|
CHAPTER 1113. WILBARGER COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1113.001. DEFINITIONS |
|
Sec. 1113.002. AUTHORITY FOR OPERATION |
|
Sec. 1113.003. POLITICAL SUBDIVISION |
|
Sec. 1113.004. DISTRICT TERRITORY |
|
Sec. 1113.005. CORRECTION OF INVALID PROCEDURES |
|
[Sections 1113.006-1113.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1113.051. BOARD ELECTION; TERM |
|
Sec. 1113.052. NOTICE OF ELECTION AND RUNOFF ELECTION |
|
Sec. 1113.053. BALLOT PETITION |
|
Sec. 1113.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1113.055. BOND; RECORD OF BOND AND OATH |
|
Sec. 1113.056. BOARD VACANCY |
|
Sec. 1113.057. OFFICERS |
|
Sec. 1113.058. COMPENSATION; EXPENSES |
|
Sec. 1113.059. VOTING REQUIREMENT |
|
Sec. 1113.060. MEETINGS |
|
Sec. 1113.061. EMPLOYEES |
|
Sec. 1113.062. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
Sec. 1113.063. SEAL |
|
[Sections 1113.064-1113.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1113.101. DISTRICT RESPONSIBILITY |
|
Sec. 1113.102. RESTRICTION ON COUNTY OR MUNICIPAL |
|
TAXATION |
|
Sec. 1113.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
Sec. 1113.104. RULES |
|
Sec. 1113.105. PURCHASING AND ACCOUNTING |
|
Sec. 1113.106. DISTRICT PROPERTY |
|
Sec. 1113.107. EMINENT DOMAIN |
|
Sec. 1113.108. GIFTS AND ENDOWMENTS |
|
Sec. 1113.109. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1113.110. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1113.111-1113.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1113.151. BUDGET |
|
Sec. 1113.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1113.153. FISCAL YEAR |
|
Sec. 1113.154. ANNUAL AUDIT |
|
Sec. 1113.155. DEPOSITORY OR TREASURER |
|
[Sections 1113.156-1113.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1113.201. GENERAL OBLIGATION BONDS |
|
Sec. 1113.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1113.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1113.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1113.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1113.206. REFUNDING BONDS |
|
[Sections 1113.207-1113.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1113.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1113.252. TAX RATE |
|
Sec. 1113.253. ELECTION TO INCREASE MAXIMUM TAX RATE |
|
Sec. 1113.254. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1113. WILBARGER COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1113.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Wilbarger County Hospital |
|
District. (New.) |
|
Sec. 1113.002. AUTHORITY FOR OPERATION. The Wilbarger |
|
County Hospital District operates in accordance with Section 9, |
|
Article IX, Texas Constitution, and has the powers and |
|
responsibilities provided by that section. (Acts 59th Leg., R.S., |
|
Ch. 6, Sec. 1 (part).) |
|
Sec. 1113.003. POLITICAL SUBDIVISION. The district is a |
|
political subdivision of this state. (Acts 59th Leg., R.S., Ch. 6, |
|
Sec. 17 (part).) |
|
Sec. 1113.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Wilbarger County. |
|
(Acts 59th Leg., R.S., Ch. 6, Sec. 1 (part).) |
|
Sec. 1113.005. CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 59th Leg., R.S., Ch. 6, Sec. 18 (part).) |
|
[Sections 1113.006-1113.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1113.051. BOARD ELECTION; TERM. (a) The board |
|
consists of seven directors elected from the district at large by |
|
position. To be elected, a candidate must receive a majority of the |
|
votes cast in the election for that position. |
|
(b) Directors serve staggered three-year terms. (Acts 59th |
|
Leg., R.S., Ch. 6, Sec. 3 (part).) |
|
Sec. 1113.052. NOTICE OF ELECTION AND RUNOFF ELECTION. (a) |
|
At least 10 days before the date of a directors' election, notice of |
|
the election must be published one time in a newspaper of general |
|
circulation in Wilbarger County. |
|
(b) At least seven days before the date of a runoff election |
|
of directors, notice of the runoff election must be published one |
|
time in a newspaper of general circulation in Wilbarger County. |
|
(Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).) |
|
Sec. 1113.053. BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must be: |
|
(1) signed by at least 100 registered voters; and |
|
(2) filed by the deadline imposed by Section 144.005, |
|
Election Code. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).) |
|
Sec. 1113.054. QUALIFICATIONS FOR OFFICE. A person may not |
|
be appointed or elected as a director unless the person is: |
|
(1) a resident of the district; and |
|
(2) at least 18 years of age at the time of the |
|
appointment or election. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 |
|
(part).) |
|
Sec. 1113.055. BOND; RECORD OF BOND AND OATH. (a) Each |
|
director shall execute a good and sufficient bond for $1,000 that |
|
is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) Each director's bond and constitutional oath of office |
|
shall be deposited with the district's depository bank for |
|
safekeeping. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).) |
|
Sec. 1113.056. BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall appoint a |
|
director for the unexpired term. |
|
(b) If the number of directors is reduced to fewer than four |
|
for any reason, the remaining directors shall immediately call a |
|
special election to fill the vacancies. If the remaining directors |
|
do not call the election, a district court, on application of a |
|
district voter or taxpayer, may order the directors to hold the |
|
election. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).) |
|
Sec. 1113.057. OFFICERS. The board shall elect from among |
|
its members a presiding officer, assistant presiding officer, and a |
|
secretary. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).) |
|
Sec. 1113.058. COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the board. (Acts 59th Leg., R.S., Ch. 6, Sec. 4 |
|
(part).) |
|
Sec. 1113.059. VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).) |
|
Sec. 1113.060. MEETINGS. (a) A board meeting may be called |
|
by the presiding officer or any four directors. |
|
(b) Notice of the time and place of a board meeting must be |
|
given to each director not later than the seventh day before the |
|
time of the meeting. |
|
(c) This section does not prevent the board from |
|
establishing by resolution a regular time and place for meetings |
|
for which special notice is not required. (Acts 59th Leg., R.S., |
|
Ch. 6, Sec. 3 (part).) |
|
Sec. 1113.061. EMPLOYEES. (a) The board may employ a |
|
general manager and other necessary professional and clerical |
|
personnel. |
|
(b) The title of the general manager hired by the board may |
|
be president. (Acts 59th Leg., R.S., Ch. 6, Secs. 3 (part), 8 |
|
(part).) |
|
Sec. 1113.062. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
Except as provided by Section 1113.055, all district records, |
|
including books, accounts, notices, and minutes, and all other |
|
matters of the district and the operation of its facilities, shall |
|
be: |
|
(1) maintained at the district office; and |
|
(2) open to public inspection at the district office |
|
at all reasonable hours. (Acts 59th Leg., R.S., Ch. 6, Sec. 8 |
|
(part).) |
|
Sec. 1113.063. SEAL. The board may adopt a seal for the |
|
district. (Acts 59th Leg., R.S., Ch. 6, Sec. 8 (part).) |
|
[Sections 1113.064-1113.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1113.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for providing medical and hospital care for the |
|
district's needy and indigent residents. (Acts 59th Leg., R.S., |
|
Ch. 6, Secs. 2 (part), 13 (part).) |
|
Sec. 1113.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION. |
|
Wilbarger County or a municipality in Wilbarger County may not |
|
impose a tax for hospital purposes. (Acts 59th Leg., R.S., Ch. 6, |
|
Sec. 13 (part).) |
|
Sec. 1113.103. MANAGEMENT AND CONTROL OF DISTRICT. The |
|
management and control of the district is vested in the board. (Acts |
|
59th Leg., R.S., Ch. 6, Sec. 4 (part).) |
|
Sec. 1113.104. RULES. (a) The board may adopt rules |
|
governing the operation of the district and district facilities. |
|
(b) The rules, on approval by the board, may be published in |
|
booklet form at district expense and may be made available to any |
|
taxpayer on request. (Acts 59th Leg., R.S., Ch. 6, Sec. 8 (part).) |
|
Sec. 1113.105. PURCHASING AND ACCOUNTING. (a) The board |
|
may prescribe the method and manner of making purchases and |
|
expenditures by and for the district. |
|
(b) The board shall prescribe: |
|
(1) all accounting and control procedures; and |
|
(2) the method of purchasing necessary supplies, |
|
materials, and equipment. (Acts 59th Leg., R.S., Ch. 6, Sec. 8 |
|
(part).) |
|
Sec. 1113.106. DISTRICT PROPERTY. (a) The board may sell or |
|
lease property owned by the district at public auction or at private |
|
sale, on terms the board may determine. |
|
(b) The sale or lease of property and the terms of the sale |
|
or lease must be approved by a vote of at least three-fourths of the |
|
total number of directors. The vote must be recorded by resolution |
|
in the district's minutes. |
|
(c) After the adoption of a resolution authorizing a sale or |
|
lease, the board shall hold a public hearing on the proposed sale or |
|
lease. Notice of the public hearing and the subject of the hearing |
|
must be published in the English language in a newspaper of general |
|
circulation in the district once a week for three consecutive weeks |
|
preceding the hearing. The last of the notices must be published |
|
not less than five days before the date set for the hearing. |
|
(d) Not more than 10 days after the date of the public |
|
hearing, the board shall again vote on the proposed sale or lease as |
|
stated in the initial resolution. The sale or lease must be |
|
approved by a vote of at least three-fourths of the total number of |
|
directors. The vote must be recorded in the district's minutes. |
|
(e) Any transfer, lease, or sale of district property must |
|
be by an instrument signed by the board presiding officer and |
|
attested by the board secretary. (Acts 59th Leg., R.S., Ch. 6, Sec. |
|
4a.) |
|
Sec. 1113.107. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory, if the interest is necessary or convenient to exercise a |
|
right, power, privilege, or function conferred on the district by |
|
this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as otherwise required by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 6, |
|
Sec. 10.) |
|
Sec. 1113.108. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 59th Leg., R.S., Ch. 6, Sec. |
|
15.) |
|
Sec. 1113.109. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who claims to be indigent is admitted to a district |
|
facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
for all or part of the patient's care and treatment in the hospital, |
|
the amount that cannot be paid becomes a charge against the |
|
district. |
|
(c) If it is determined that the patient or those relatives |
|
are liable to pay for all or part of the patient's care and |
|
treatment, the patient or those relatives shall be ordered to pay to |
|
the district's treasurer a specified amount each week for the |
|
patient's support. The amount ordered must be proportionate to |
|
their financial ability and may not exceed the actual per capita |
|
cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from those relatives legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay or doubt |
|
in the mind of the district's designated agent, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate order. |
|
(f) The order may be appealed to the district court. (Acts |
|
59th Leg., R.S., Ch. 6, Sec. 14.) |
|
Sec. 1113.110. AUTHORITY TO SUE AND BE SUED. As a |
|
governmental agency, the district may sue and be sued in its own |
|
name in any court in this state. (Acts 59th Leg., R.S., Ch. 6, Sec. |
|
17 (part).) |
|
[Sections 1113.111-1113.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1113.151. BUDGET. The board annually shall have a |
|
budget prepared for the next fiscal year that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections; and |
|
(3) the amount of taxes required to be imposed for the |
|
year. (Acts 59th Leg., R.S., Ch. 6, Sec. 9 (part).) |
|
Sec. 1113.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in Wilbarger County not later |
|
than the 10th day before the date of the hearing. |
|
(c) Any district taxpayer is entitled to: |
|
(1) appear at the time and place designated in the |
|
notice; and |
|
(2) be heard regarding any item included in the |
|
proposed budget. (Acts 59th Leg., R.S., Ch. 6, Sec. 9 (part).) |
|
Sec. 1113.153. FISCAL YEAR. The district's fiscal year |
|
begins on October 1 and ends on September 30. (Acts 59th Leg., |
|
R.S., Ch. 6, Sec. 9 (part).) |
|
Sec. 1113.154. ANNUAL AUDIT. (a) The board annually shall |
|
have an independent audit made of the district's books and records |
|
for the preceding fiscal year. |
|
(b) Not later than December 31 each year, the audit shall be |
|
filed: |
|
(1) with the comptroller; and |
|
(2) at the district's office. (Acts 59th Leg., R.S., |
|
Ch. 6, Sec. 9 (part).) |
|
Sec. 1113.155. DEPOSITORY OR TREASURER. (a) The board by |
|
resolution shall designate a bank or banks in Wilbarger County as |
|
the district's depository or treasurer. A designated bank serves |
|
for two years and until a successor is designated. |
|
(b) All income received by the district shall be deposited |
|
with the district depository. |
|
(c) All district money shall be secured in the manner |
|
provided for securing county funds. (Acts 59th Leg., R.S., Ch. 6, |
|
Secs. 5 (part), 11.) |
|
[Sections 1113.156-1113.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1113.201. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to the purchase, |
|
construction, acquisition, repair, or renovation of buildings and |
|
improvements and equipping buildings and improvements for hospital |
|
purposes. (Acts 59th Leg., R.S., Ch. 6, Sec. 6 (part).) |
|
Sec. 1113.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) |
|
The board shall impose an ad valorem tax at a rate sufficient to |
|
create an interest and sinking fund to pay the principal of and |
|
interest on general obligation bonds issued by the district under |
|
Section 1113.201 as the bonds mature. |
|
(b) The tax required by this section together with any |
|
maintenance and operation tax the district imposes may not in any |
|
year exceed: |
|
(1) 50 cents on each $100 valuation of all taxable |
|
property in the district; or |
|
(2) the maximum amount approved by the voters under |
|
Section 1113.253. (Acts 59th Leg., R.S., Ch. 6, Sec. 6 (part).) |
|
Sec. 1113.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board may order a bond election on its own motion. |
|
(c) The order must specify: |
|
(1) the location of the polling places; |
|
(2) the presiding election officers; |
|
(3) the purpose for which the bonds are to be issued; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum interest rate of the bonds; and |
|
(6) the maximum maturity date of the bonds. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the order in a newspaper of general circulation |
|
in Wilbarger County once each week for two consecutive weeks before |
|
the date of the election. The first publication must occur at least |
|
14 days before the date of the election. (Acts 59th Leg., R.S., Ch. |
|
6, Sec. 6 (part).) |
|
Sec. 1113.204. MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after the date of issuance. (Acts 59th Leg., R.S., Ch. 6, |
|
Sec. 6 (part).) |
|
Sec. 1113.205. EXECUTION OF GENERAL OBLIGATION BONDS. The |
|
board presiding officer shall execute the general obligation bonds |
|
in the district's name, and the board secretary shall countersign |
|
the bonds. (Acts 59th Leg., R.S., Ch. 6, Sec. 6 (part).) |
|
Sec. 1113.206. REFUNDING BONDS. (a) District refunding |
|
bonds may be issued without an election and in the manner provided |
|
by this subchapter to refund outstanding bonds issued by the |
|
district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding bonds; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar amount of the outstanding bonds and the unpaid matured |
|
interest on those bonds. (Acts 59th Leg., R.S., Ch. 6, Sec. 6 |
|
(part).) |
|
[Sections 1113.207-1113.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1113.251. IMPOSITION OF AD VALOREM TAX. (a) On final |
|
approval of the budget, the board shall impose a tax on all taxable |
|
property in the district subject to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued by the district for hospital purposes as provided by |
|
this chapter; |
|
(2) provide for the maintenance and operations of the |
|
hospital or hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire necessary sites for the hospital system by |
|
purchase, lease, or condemnation. (Acts 59th Leg., R.S., Ch. 6, |
|
Secs. 5 (part), 9 (part).) |
|
Sec. 1113.252. TAX RATE. Unless the rate is increased as |
|
provided by Section 1113.253, the board may impose the tax at a rate |
|
not to exceed 50 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 59th Leg., R.S., Ch. 6, Sec. 5 |
|
(part).) |
|
Sec. 1113.253. ELECTION TO INCREASE MAXIMUM TAX RATE. The |
|
board may call an election to increase the district's maximum tax |
|
rate to a rate not to exceed 75 cents on each $100 valuation of all |
|
taxable property in the district if the board determines that an |
|
increase is necessary to carry out the purposes for which the |
|
initial tax rate was authorized. (Acts 59th Leg., R.S., Ch. 6, Sec. |
|
7 (part).) |
|
Sec. 1113.254. TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of Wilbarger County shall assess and collect |
|
taxes imposed by the district. (Acts 59th Leg., R.S., Ch. 6, Secs. |
|
5 (part), 9 (part).) |
|
CHAPTER 1114. WILLACY COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1114.001. DEFINITIONS |
|
Sec. 1114.002. AUTHORITY FOR OPERATION |
|
Sec. 1114.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1114.004. DISTRICT TERRITORY |
|
Sec. 1114.005. LOCATION OF HOSPITAL FACILITIES |
|
Sec. 1114.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1114.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1114.008-1114.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1114.051. BOARD ELECTION; TERM |
|
Sec. 1114.052. NOTICE OF ELECTION |
|
Sec. 1114.053. BALLOT PETITION |
|
Sec. 1114.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1114.055. OATH; BOND; RECORD OF BOND |
|
Sec. 1114.056. BOARD VACANCY |
|
Sec. 1114.057. OFFICERS |
|
Sec. 1114.058. COMPENSATION; EXPENSES |
|
Sec. 1114.059. MEETINGS |
|
Sec. 1114.060. VOTING REQUIREMENT |
|
Sec. 1114.061. ADMINISTRATOR; ASSISTANT ADMINISTRATOR |
|
Sec. 1114.062. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1114.063. APPOINTMENT OF STAFF; EMPLOYEES |
|
Sec. 1114.064. RETIREMENT BENEFITS |
|
[Sections 1114.065-1114.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1114.101. DISTRICT RESPONSIBILITY |
|
Sec. 1114.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1114.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1114.104. RULES |
|
Sec. 1114.105. PURCHASING AND ACCOUNTING |
|
Sec. 1114.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1114.107. GIFTS AND ENDOWMENTS |
|
Sec. 1114.108. CONSTRUCTION CONTRACTS |
|
Sec. 1114.109. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1114.110. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1114.111. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1114.112. HEALTH CARE SERVICES |
|
Sec. 1114.113. HEALTH CARE SERVICES ELIGIBILITY |
|
Sec. 1114.114. MANDATED PROVIDER |
|
Sec. 1114.115. NOTIFICATION OF PROVISION OF |
|
NONEMERGENCY SERVICES |
|
Sec. 1114.116. NOTIFICATION OF PROVISION OF EMERGENCY |
|
SERVICES |
|
Sec. 1114.117. PAYMENT FOR SERVICES |
|
Sec. 1114.118. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1114.119-1114.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1114.151. BUDGET |
|
Sec. 1114.152. NOTICE; HEARING; ACTION ON BUDGET |
|
Sec. 1114.153. FISCAL YEAR |
|
Sec. 1114.154. ANNUAL AUDIT |
|
Sec. 1114.155. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1114.156. DEPOSITORY |
|
Sec. 1114.157. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1114.158-1114.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1114.201. GENERAL OBLIGATION BONDS |
|
Sec. 1114.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1114.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1114.204. REVENUE BONDS |
|
Sec. 1114.205. PROMISSORY NOTES |
|
Sec. 1114.206. REFUNDING BONDS |
|
Sec. 1114.207. MATURITY OF BONDS |
|
Sec. 1114.208. EXECUTION OF BONDS |
|
Sec. 1114.209. BONDS EXEMPT FROM TAXATION |
|
[Sections 1114.210-1114.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1114.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1114.252. TAX RATE |
|
Sec. 1114.253. TAX ASSESSOR-COLLECTOR |
|
[Sections 1114.254-1114.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1114.301. DISSOLUTION; ELECTION |
|
Sec. 1114.302. NOTICE OF ELECTION |
|
Sec. 1114.303. BALLOT |
|
Sec. 1114.304. ELECTION RESULTS |
|
Sec. 1114.305. DETERMINATION OF DEBT |
|
CHAPTER 1114. WILLACY COUNTY HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1114.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Commissioners court" means the Commissioners |
|
Court of Willacy County. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Willacy County Hospital |
|
District. (Acts 62nd Leg., R.S., Ch. 323, Sec. 1 (part); New.) |
|
Sec. 1114.002. AUTHORITY FOR OPERATION. The Willacy County |
|
Hospital District operates in accordance with Section 9, Article |
|
IX, Texas Constitution, and has the rights, powers, and duties |
|
provided by this chapter. (Acts 62nd Leg., R.S., Ch. 323, Sec. 1 |
|
(part).) |
|
Sec. 1114.003. ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 62nd Leg., R.S., Ch. 323, Sec. 20 (part).) |
|
Sec. 1114.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Willacy County, |
|
Texas. (Acts 62nd Leg., R.S., Ch. 323, Sec. 1 (part).) |
|
Sec. 1114.005. LOCATION OF HOSPITAL FACILITIES. The |
|
district hospital facilities shall be constructed and located on |
|
the property described by Section 10(a), Chapter 323, Acts of the |
|
62nd Legislature, Regular Session, 1971. (Acts 62nd Leg., R.S., |
|
Ch. 323, Sec. 10(a) (part); New.) |
|
Sec. 1114.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district and any |
|
indebtedness incurred by the district under this chapter may not |
|
become a charge against or obligation of this state. (Acts 62nd |
|
Leg., R.S., Ch. 323, Sec. 19 (part).) |
|
Sec. 1114.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 62nd Leg., R.S., Ch. 323, Sec. 19 (part).) |
|
[Sections 1114.008-1114.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1114.051. BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of nine directors elected as follows: |
|
(1) two directors elected from each commissioners |
|
precinct; and |
|
(2) one director elected from the district at large. |
|
(b) The two candidates receiving the most votes from a |
|
commissioners precinct are the directors for that precinct. The |
|
candidate receiving the most votes from the district at large is the |
|
director for the district at large. |
|
(c) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms with: |
|
(A) the terms of the directors elected from |
|
odd-numbered precincts and the term of the director from the |
|
district at large expiring each even-numbered year; and |
|
(B) the terms of the directors elected from |
|
even-numbered precincts expiring each odd-numbered year; and |
|
(2) an election shall be held on an authorized uniform |
|
election date each year to elect the appropriate number of |
|
directors. (Acts 62nd Leg., R.S., Ch. 323, Secs. 4(a), (c).) |
|
Sec. 1114.052. NOTICE OF ELECTION. At least 90 days before |
|
the date of a directors' election, notice of the election must be |
|
published one time in a newspaper or newspapers that individually |
|
or collectively provide general circulation in the district. (Acts |
|
62nd Leg., R.S., Ch. 323, Sec. 4(e) (part).) |
|
Sec. 1114.053. BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must: |
|
(1) be signed by at least 10 registered voters; |
|
(2) be filed by the deadline imposed by Section |
|
144.005, Election Code; and |
|
(3) specify the commissioner precinct the person seeks |
|
to represent or specify that the person seeks to represent the |
|
district at large. (Acts 62nd Leg., R.S., Ch. 323, Sec. 4(e) |
|
(part).) |
|
Sec. 1114.054. QUALIFICATIONS FOR OFFICE. (a) To qualify |
|
for election to the board, a person must be: |
|
(1) a resident of the district; and |
|
(2) a qualified voter. |
|
(b) In addition to the qualifications required by |
|
Subsection (a), a person who is elected from a commissioners |
|
precinct or who is appointed to fill a vacancy for a commissioners |
|
precinct must be a resident of that commissioners precinct. |
|
(c) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; |
|
(2) a district employee; |
|
(3) a member of the hospital staff; or |
|
(4) an employee of a member of the hospital staff. |
|
(Acts 62nd Leg., R.S., Ch. 323, Secs. 4(b), (f).) |
|
Sec. 1114.055. OATH; BOND; RECORD OF BOND. (a) A person |
|
elected to the board shall qualify for office by executing: |
|
(1) a written oath; and |
|
(2) a good and sufficient surety bond for $5,000 that |
|
is: |
|
(A) in the form prescribed by the board; |
|
(B) payable to the district; and |
|
(C) conditioned on the faithful performance of |
|
the director's duties. |
|
(b) Each director's bond shall be kept in the district's |
|
permanent records. |
|
(c) The board may pay for directors' bonds with district |
|
funds. (Acts 62nd Leg., R.S., Ch. 323, Sec. 5(a) (part).) |
|
Sec. 1114.056. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors by a majority vote |
|
shall appoint a director for the unexpired term. (Acts 62nd Leg., |
|
R.S., Ch. 323, Sec. 4(d).) |
|
Sec. 1114.057. OFFICERS. (a) The board shall elect from |
|
among its members a president, a vice president, a secretary, and a |
|
treasurer. |
|
(b) The offices of secretary and treasurer may be held by |
|
one person. |
|
(c) Each officer of the board serves a one-year term. |
|
(d) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 62nd Leg., R.S., Ch. 323, Secs. 5(b), (c).) |
|
Sec. 1114.058. COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties. The expenses must |
|
be: |
|
(1) reported in the district's records; and |
|
(2) approved by the board. (Acts 62nd Leg., R.S., Ch. |
|
323, Sec. 5(e).) |
|
Sec. 1114.059. MEETINGS. The board shall meet at least |
|
once a month on a regular meeting date prescribed by the board. |
|
(Acts 62nd Leg., R.S., Ch. 323, Sec. 5(f).) |
|
Sec. 1114.060. VOTING REQUIREMENT. A concurrence of five |
|
directors is required in any matter relating to district business. |
|
(Acts 62nd Leg., R.S., Ch. 323, Sec. 5(d) (part).) |
|
Sec. 1114.061. ADMINISTRATOR; ASSISTANT ADMINISTRATOR. |
|
(a) The board shall appoint a qualified person as district |
|
administrator. |
|
(b) The board may appoint an assistant administrator. |
|
(c) The administrator and any assistant administrator serve |
|
at the will of the board and shall receive the compensation |
|
determined by the board. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a surety bond payable to the district |
|
in an amount and form set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator faithfully |
|
performing the administrator's duties; and |
|
(2) contains any other conditions the board requires. |
|
(Acts 62nd Leg., R.S., Ch. 323, Sec. 6(a) (part).) |
|
Sec. 1114.062. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to any limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 62nd |
|
Leg., R.S., Ch. 323, Sec. 6(a) (part).) |
|
Sec. 1114.063. APPOINTMENT OF STAFF; EMPLOYEES. (a) The |
|
board may appoint to or dismiss from the staff any doctor the board |
|
considers necessary for the efficient operation of the district and |
|
may make temporary appointments to the staff if warranted. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and attorneys as the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ district employees, including technicians and |
|
nurses. (Acts 62nd Leg., R.S., Ch. 323, Secs. 6(a) (part), 15.) |
|
Sec. 1114.064. RETIREMENT BENEFITS. The board may provide |
|
retirement benefits for district employees by: |
|
(1) establishing or administering a retirement |
|
program; or |
|
(2) participating in: |
|
(A) the Texas County and District Retirement |
|
System; or |
|
(B) another statewide retirement system in which |
|
the district is eligible to participate. (Acts 62nd Leg., R.S., Ch. |
|
323, Sec. 6(a) (part).) |
|
[Sections 1114.065-1114.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1114.101. DISTRICT RESPONSIBILITY. (a) The district |
|
shall provide for the medical and hospital care of the district's |
|
needy inhabitants, as required by Section 9, Article IX, Texas |
|
Constitution, and this chapter. |
|
(b) The district has full responsibility for providing |
|
health care services for the district's indigent residents, subject |
|
to the provisions of this chapter. (Acts 62nd Leg., R.S., Ch. 323, |
|
Secs. 2, 18 (part).) |
|
Sec. 1114.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located within the |
|
district may not impose a tax or issue bonds or other obligations |
|
for hospital purposes or to provide medical care. (Acts 62nd Leg., |
|
R.S., Ch. 323, Sec. 18 (part).) |
|
Sec. 1114.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the district's |
|
services, money, and resources. (Acts 62nd Leg., R.S., Ch. 323, |
|
Sec. 6(a) (part).) |
|
Sec. 1114.104. RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 62nd Leg., R.S., Ch. 323, |
|
Sec. 6(a) (part).) |
|
Sec. 1114.105. PURCHASING AND ACCOUNTING. The board may |
|
prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 62nd |
|
Leg., R.S., Ch. 323, Sec. 11 (part).) |
|
Sec. 1114.106. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board may lease all or part of the district's |
|
buildings and facilities on terms considered to be in the best |
|
interest of the district's inhabitants. The term of the lease may |
|
not exceed 25 years. |
|
(b) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price, subject to the |
|
provisions of this chapter. A contract entered into under this |
|
subsection must provide that the entire obligation be retired not |
|
later than the fifth anniversary of the date of the contract. (Acts |
|
62nd Leg., R.S., Ch. 323, Secs. 10(c) (part), 11 (part).) |
|
Sec. 1114.107. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or provisions prescribed in writing by the |
|
donor that are not inconsistent with the proper management and |
|
object of the district. (Acts 62nd Leg., R.S., Ch. 323, Sec. 17 |
|
(part).) |
|
Sec. 1114.108. CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than the amount |
|
provided by Section 271.024, Local Government Code, may be made |
|
only after competitive bidding as provided by Subchapter B, Chapter |
|
271, Local Government Code. (Acts 62nd Leg., R.S., Ch. 323, Sec. 11 |
|
(part).) |
|
Sec. 1114.109. OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 62nd Leg., R.S., Ch. 323, Sec. 10(c) |
|
(part).) |
|
Sec. 1114.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. The board may contract with: |
|
(1) any county or municipality located outside the |
|
district for the care and treatment of a sick or injured person of |
|
that county or municipality; and |
|
(2) this state or a federal agency for the treatment of |
|
a sick or injured person. (Acts 62nd Leg., R.S., Ch. 323, Sec. 6(a) |
|
(part).) |
|
Sec. 1114.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with |
|
another political subdivision or a governmental agency for the |
|
district to provide investigatory or other services for the |
|
medical, hospital, or welfare needs of district inhabitants. (Acts |
|
62nd Leg., R.S., Ch. 323, Sec. 6(a) (part).) |
|
Sec. 1114.112. HEALTH CARE SERVICES. (a) The district |
|
shall provide the inpatient and outpatient hospital services and |
|
physician services a county is required to provide under Section |
|
61.028(a), Health and Safety Code. |
|
(b) The district shall provide maternal labor and delivery |
|
services in the district. (Acts 62nd Leg., R.S., Ch. 323, Sec. |
|
16A(a).) |
|
Sec. 1114.113. HEALTH CARE SERVICES ELIGIBILITY. (a) The |
|
district shall provide health care assistance as required by this |
|
chapter to each eligible resident of the district. |
|
(b) A person is eligible for health care assistance from the |
|
district if the person: |
|
(1) resides within the district; and |
|
(2) meets the basic income and resources eligibility |
|
requirements established by the district. (Acts 62nd Leg., R.S., |
|
Ch. 323, Secs. 16(a), (b).) |
|
Sec. 1114.114. MANDATED PROVIDER. The district may select |
|
one or more providers of health care services and may require an |
|
eligible resident to obtain care from a provider except: |
|
(1) in an emergency; |
|
(2) when medically inappropriate; or |
|
(3) when care is not available. (Acts 62nd Leg., R.S., |
|
Ch. 323, Sec. 16A(b) (part).) |
|
Sec. 1114.115. NOTIFICATION OF PROVISION OF NONEMERGENCY |
|
SERVICES. (a) The district may require a mandated provider |
|
selected by the district under Section 1114.114 to obtain approval |
|
from the district before providing nonemergency health care |
|
services to an eligible resident of the district. |
|
(b) If the district has not selected a mandated provider, a |
|
provider of nonemergency health care assistance must inform the |
|
district of any nonemergency health care services provided to a |
|
patient as required by this section. |
|
(c) A provider that delivers or will deliver nonemergency |
|
health care services to a patient who the provider suspects might be |
|
eligible for assistance under this chapter shall notify the |
|
district that nonemergency health care services have been or will |
|
be provided to the patient. The provider must notify the district: |
|
(1) by telephone, as soon as possible after the |
|
provider determines that the patient resides in the district; and |
|
(2) by mail postmarked not later than the third |
|
working day after the date on which the provider determines that the |
|
patient resides in the district. |
|
(d) If the provider knows that the district has selected a |
|
mandated provider or if, after contacting the district, the |
|
district requests that the patient be transferred to a mandated |
|
provider, the provider shall transfer the patient to the mandated |
|
provider unless it is medically inappropriate to transfer the |
|
patient. |
|
(e) The provider, the patient, and the patient's family |
|
shall cooperate with the district in determining if the patient is |
|
an eligible resident of the district. |
|
(f) Not later than the 14th day after the date on which the |
|
district receives sufficient information to determine eligibility, |
|
the district shall determine if the patient is eligible for |
|
assistance. If the district does not determine the patient's |
|
eligibility within that period, the patient is considered to be |
|
eligible. The district shall notify the provider of the district's |
|
decision. |
|
(g) A provider that delivers nonemergency services to a |
|
patient who is eligible for assistance under this chapter and fails |
|
to comply with this section is not eligible for payment for the |
|
services from the district. (Acts 62nd Leg., R.S., Ch. 323, Secs. |
|
16A(c), (e), (f), (g) (part).) |
|
Sec. 1114.116. NOTIFICATION OF PROVISION OF EMERGENCY |
|
SERVICES. (a) If a patient who is eligible for assistance under |
|
this chapter requires emergency services from a nonmandated |
|
provider, the provider must notify the district as provided by this |
|
section. |
|
(b) A provider delivering emergency services to a patient |
|
who the provider suspects might be eligible for assistance under |
|
this chapter shall notify the district that emergency services have |
|
been or will be provided to the patient. The provider must notify |
|
the district: |
|
(1) by telephone, as soon as possible after the |
|
provider determines that the patient resides in the district; and |
|
(2) by mail postmarked not later than the third |
|
working day after the date on which the provider determines that the |
|
patient resides in the district. |
|
(c) A provider shall attempt to determine if a patient |
|
resides in the district at the time the patient first receives |
|
services. |
|
(d) The provider, the patient, and the patient's family |
|
shall cooperate with the district in determining if the patient is |
|
an eligible resident of the district. |
|
(e) Not later than the 14th day after the date on which the |
|
district receives sufficient information to determine eligibility, |
|
the district shall determine if the patient is eligible for |
|
assistance. If the district does not determine the patient's |
|
eligibility within that period, the patient is considered to be |
|
eligible. The district shall notify the provider of the district's |
|
decision. |
|
(f) A provider that delivers emergency services to a patient |
|
who is eligible for assistance under this chapter and fails to |
|
comply with this section is not eligible for payment for the |
|
services from the district. (Acts 62nd Leg., R.S., Ch. 323, Secs. |
|
16A(d), (e), (f), (g) (part).) |
|
Sec. 1114.117. PAYMENT FOR SERVICES. (a) To the extent |
|
prescribed by this chapter, the district is liable for health care |
|
services provided under this chapter by any provider, including |
|
another hospital district or public hospital, to an eligible |
|
resident of the district. |
|
(b) The payment rates and limits prescribed by Sections |
|
61.034 and 61.035, Health and Safety Code, that relate to county |
|
services apply to inpatient and outpatient hospital services and |
|
physician services that the district is required to provide if: |
|
(1) the district is not able to provide the required |
|
services or emergency services; and |
|
(2) the services are provided elsewhere. (Acts 62nd |
|
Leg., R.S., Ch. 323, Sec. 16B.) |
|
Sec. 1114.118. AUTHORITY TO SUE AND BE SUED. (a) The |
|
district, through the board, may sue and be sued. |
|
(b) The district is entitled to all causes of action and |
|
defenses to which similar authorities are entitled. (Acts 62nd |
|
Leg., R.S., Ch. 323, Sec. 6 (part).) |
|
[Sections 1114.119-1114.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1114.151. BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the money received by the district from all |
|
sources during the previous year; |
|
(3) the money available to the district from all |
|
sources during the ensuing year; |
|
(4) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(5) the estimated revenue and balances available to |
|
cover the proposed budget; |
|
(6) the estimated tax rate required; and |
|
(7) the proposed expenditures and disbursements and |
|
the estimated receipts and collections for the following fiscal |
|
year. (Acts 62nd Leg., R.S., Ch. 323, Sec. 7(a) (part).) |
|
Sec. 1114.152. NOTICE; HEARING; ACTION ON BUDGET. (a) The |
|
board shall hold a public hearing each year on the proposed annual |
|
budget. |
|
(b) At least 10 days before the date of the hearing, notice |
|
of the hearing shall be published one time in a newspaper or |
|
newspapers that individually or collectively provide general |
|
circulation in the district. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall act on |
|
the budget proposed by the district administrator. The board may |
|
make any changes in the proposed budget that the board judges to be |
|
in the interests of the district's residents and that the law |
|
warrants. (Acts 62nd Leg., R.S., Ch. 323, Sec. 7(a) (part).) |
|
Sec. 1114.153. FISCAL YEAR. The district operates |
|
according to a fiscal year that begins on July 1 and ends on June 30. |
|
(Acts 62nd Leg., R.S., Ch. 323, Sec. 7(a) (part).) |
|
Sec. 1114.154. ANNUAL AUDIT. (a) The district shall have |
|
an independent annual audit made of the district's financial |
|
condition for each fiscal year. |
|
(b) After approval by the board, the audit shall be filed at |
|
the district's office. (Acts 62nd Leg., R.S., Ch. 323, Sec. 7(a) |
|
(part).) |
|
Sec. 1114.155. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection at the district's principal office. (Acts 62nd Leg., |
|
R.S., Ch. 323, Sec. 7(a) (part).) |
|
Sec. 1114.156. DEPOSITORY. (a) Every two years, the board |
|
shall select one or more banks in the district to serve as a |
|
depository for district money. |
|
(b) All district money, other than money invested as |
|
provided by Section 1114.157(b), and money transmitted to a bank |
|
for payment of bonds or obligations issued or assumed by the |
|
district, shall be deposited as received with the depository and |
|
shall remain on deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to: |
|
(1) place a part of district money on time deposit; or |
|
(2) purchase certificates of deposit, obligations of |
|
the United States, or obligations guaranteed by the United States. |
|
(Acts 62nd Leg., R.S., Ch. 323, Sec. 12(a).) |
|
Sec. 1114.157. SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as otherwise provided by Section 1114.106(b) and by |
|
Subchapter E, the district may not incur an obligation payable from |
|
district revenue other than the revenue on hand or to be on hand in |
|
the current and following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 62nd Leg., R.S., Ch. 323, Secs. 6(a) |
|
(part), 11 (part).) |
|
[Sections 1114.158-1114.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1114.201. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for: |
|
(1) purchasing, constructing, acquiring, repairing, |
|
or renovating buildings and improvements; |
|
(2) equipping buildings and improvements for hospital |
|
purposes; |
|
(3) acquiring and operating a mobile emergency medical |
|
service; and |
|
(4) providing medical services. (Acts 62nd Leg., |
|
R.S., Ch. 323, Sec. 8 (part).) |
|
Sec. 1114.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, the |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund to pay the principal of and interest on |
|
the bonds as the bonds mature. |
|
(b) The tax required by this section, together with any |
|
other ad valorem tax the district imposes, may not in any year |
|
exceed the tax rate approved by the voters. (Acts 62nd Leg., R.S., |
|
Ch. 323, Sec. 8 (part).) |
|
Sec. 1114.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The order calling the election must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the amount of the bonds to be authorized; |
|
(4) the maximum interest rate of the bonds; and |
|
(5) the maximum maturity of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. 323, |
|
Sec. 8 (part).) |
|
Sec. 1114.204. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, equip, or |
|
renovate buildings or improvements for hospital purposes; |
|
(2) acquire sites to be used for hospital purposes; or |
|
(3) acquire and operate a mobile emergency medical |
|
service. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of the revenue derived from the operation of the |
|
district's hospital system. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner prescribed by |
|
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, |
|
Health and Safety Code, for issuance of revenue bonds by a county |
|
hospital authority. (Acts 62nd Leg., R.S., Ch. 323, Sec. 8A.) |
|
Sec. 1114.205. PROMISSORY NOTES. (a) The board may execute |
|
and deliver promissory notes to purchase, construct, acquire, |
|
repair, equip, or renovate buildings and improvements for hospital |
|
purposes. |
|
(b) The notes may be secured by: |
|
(1) a mortgage or deed of trust lien on all or part of |
|
the district property; or |
|
(2) a pledge of revenues derived from the operation of |
|
the district's hospital. |
|
(c) The notes may be paid from: |
|
(1) taxes imposed by the district, not to exceed the |
|
tax rate approved by the voters; and |
|
(2) the revenues derived from the operation of the |
|
district's hospital. |
|
(d) The total amount of revenues pledged under Subsection |
|
(b)(2) may not exceed 50 percent of the estimated revenues for the |
|
period the pledge is effective. (Acts 62nd Leg., R.S., Ch. 323, |
|
Sec. 9.) |
|
Sec. 1114.206. REFUNDING BONDS. (a) District refunding |
|
bonds may be issued to refund outstanding bonded indebtedness of |
|
the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of outstanding bonded indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 62nd |
|
Leg., R.S., Ch. 323, Sec. 8B (part).) |
|
Sec. 1114.207. MATURITY OF BONDS. District bonds must |
|
mature not later than 50 years after the date of issuance. (Acts |
|
62nd Leg., R.S., Ch. 323, Sec. 8C (part).) |
|
Sec. 1114.208. EXECUTION OF BONDS. The board president |
|
shall execute the district's bonds in the district's name, and the |
|
board secretary shall countersign the bonds in the manner provided |
|
by Chapter 618, Government Code. (Acts 62nd Leg., R.S., Ch. 323, |
|
Sec. 8C (part).) |
|
Sec. 1114.209. BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued or assumed by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) profits made in the sale of the bonds. (Acts 62nd |
|
Leg., R.S., Ch. 323, Sec. 20 (part).) |
|
[Sections 1114.210-1114.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1114.251. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
may impose a tax on all property in the district subject to district |
|
taxation. |
|
(b) The board may impose the tax to: |
|
(1) pay the indebtedness issued or assumed by the |
|
district; and |
|
(2) maintain and operate the district. (Acts 62nd |
|
Leg., R.S., Ch. 323, Secs. 13(a) (part), (c) (part).) |
|
Sec. 1114.252. TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 15 cents on each $100 valuation of all |
|
taxable property in the district. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 62nd |
|
Leg., R.S., Ch. 323, Secs. 3(b) (part), 13(a) (part), (b) (part).) |
|
Sec. 1114.253. TAX ASSESSOR-COLLECTOR. The board may |
|
provide for the appointment of a tax assessor-collector for the |
|
district or may contract for the assessment and collection of taxes |
|
as provided by the Tax Code. (Acts 62nd Leg., R.S., Ch. 323, Sec. 14 |
|
(part).) |
|
[Sections 1114.254-1114.300 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 1114.301. DISSOLUTION; ELECTION. (a) The |
|
commissioners court shall order an election on the question of |
|
dissolution of the district if the board receives a petition of 20 |
|
percent of the voters in the district. |
|
(b) The commissioners court on its own motion may order an |
|
election on the question of dissolution of the district. |
|
(c) An order calling an election under this section must |
|
contain: |
|
(1) the time of the election; |
|
(2) the location of the polling places; |
|
(3) the issue to be printed on the ballot; and |
|
(4) the presiding judge for each polling place. (Acts |
|
62nd Leg., R.S., Ch. 323, Secs. 23(a), (b).) |
|
Sec. 1114.302. NOTICE OF ELECTION. The commissioners court |
|
shall publish a substantial copy of the election order in a |
|
newspaper with general circulation in the district once a week for |
|
two consecutive weeks before the date of the election. (Acts 62nd |
|
Leg., R.S., Ch. 323, Sec. 23(c).) |
|
Sec. 1114.303. BALLOT. The ballot for an election under |
|
this subchapter must provide for voting for or against the |
|
following proposition: "Dissolution of the Willacy County Hospital |
|
District." (Acts 62nd Leg., R.S., Ch. 323, Sec. 23(f).) |
|
Sec. 1114.304. ELECTION RESULTS. (a) If a majority of the |
|
voters in an election favor dissolution, the commissioners court |
|
shall declare the results and order the district dissolved. A copy |
|
of the order must be placed in the minutes of the commissioners |
|
court. |
|
(b) If the election results do not favor dissolution, the |
|
commissioners court may not order another election under this |
|
subchapter before the first anniversary of the date the election |
|
results were officially announced. |
|
(c) A copy of the election results must be filed with the |
|
county clerk and become a public record. (Acts 62nd Leg., R.S., Ch. |
|
323, Secs. 23(d) (part), (e).) |
|
Sec. 1114.305. DETERMINATION OF DEBT. After issuing the |
|
dissolution order, the commissioners court shall: |
|
(1) determine the full debt owed by the district; and |
|
(2) correct the last approved assessment rolls of the |
|
district by adding any property accidentally omitted before the |
|
dissolution order was issued. (Acts 62nd Leg., R.S., Ch. 323, Sec. |
|
23(g).) |
|
CHAPTER 1115. WILSON COUNTY MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1115.001. DEFINITIONS |
|
Sec. 1115.002. AUTHORITY FOR OPERATION |
|
Sec. 1115.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1115.004. DISTRICT TERRITORY |
|
Sec. 1115.005. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1115.006. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1115.007-1115.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1115.051. BOARD ELECTION; TERM |
|
Sec. 1115.052. NOTICE OF ELECTION |
|
Sec. 1115.053. BALLOT PETITION |
|
Sec. 1115.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 1115.055. BOARD VACANCY |
|
Sec. 1115.056. OFFICERS |
|
Sec. 1115.057. COMPENSATION; EXPENSES |
|
Sec. 1115.058. VOTING REQUIREMENT |
|
Sec. 1115.059. DISTRICT ADMINISTRATOR; ASSISTANT |
|
DISTRICT ADMINISTRATOR |
|
Sec. 1115.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1115.061. ATTORNEY |
|
Sec. 1115.062. APPOINTMENT OF STAFF AND EMPLOYEES |
|
[Sections 1115.063-1115.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1115.101. DISTRICT RESPONSIBILITY |
|
Sec. 1115.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1115.103. MANAGEMENT, CONTROL, AND ADMINISTRATION |
|
Sec. 1115.104. HOSPITAL SYSTEM |
|
Sec. 1115.105. RULES |
|
Sec. 1115.106. PURCHASING AND ACCOUNTING PROCEDURES |
|
Sec. 1115.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT |
|
Sec. 1115.108. EMINENT DOMAIN |
|
Sec. 1115.109. GIFTS AND ENDOWMENTS |
|
Sec. 1115.110. CONSTRUCTION CONTRACTS |
|
Sec. 1115.111. OPERATING AND MANAGEMENT CONTRACTS |
|
Sec. 1115.112. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1115.113. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR INVESTIGATORY OR OTHER SERVICES |
|
Sec. 1115.114. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1115.115. AUTHORITY TO SUE AND BE SUED |
|
Sec. 1115.116. ELECTION DATE |
|
[Sections 1115.117-1115.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1115.151. BUDGET |
|
Sec. 1115.152. PROPOSED BUDGET: NOTICE AND HEARING; |
|
APPROVAL OF BUDGET |
|
Sec. 1115.153. AMENDMENTS TO BUDGET |
|
Sec. 1115.154. RESTRICTION ON EXPENDITURES |
|
Sec. 1115.155. FISCAL YEAR |
|
Sec. 1115.156. ANNUAL AUDIT |
|
Sec. 1115.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS |
|
Sec. 1115.158. FINANCIAL REPORT |
|
Sec. 1115.159. DEPOSITORY |
|
Sec. 1115.160. SPENDING AND INVESTMENT RESTRICTIONS |
|
[Sections 1115.161-1115.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1115.201. GENERAL OBLIGATION BONDS |
|
Sec. 1115.202. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1115.203. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1115.204. MATURITY OF GENERAL OBLIGATION BONDS |
|
Sec. 1115.205. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1115.206. REVENUE BONDS |
|
Sec. 1115.207. REFUNDING BONDS |
|
Sec. 1115.208. BONDS EXEMPT FROM TAXATION |
|
[Sections 1115.209-1115.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1115.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1115.252. TAX RATE |
|
Sec. 1115.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR |
|
Sec. 1115.254. ASSESSMENT AND COLLECTION BY DISTRICT |
|
TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1115. WILSON COUNTY MEMORIAL HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1115.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Wilson County Memorial |
|
Hospital District. (New.) |
|
Sec. 1115.002. AUTHORITY FOR OPERATION. The Wilson County |
|
Memorial Hospital District operates and is administered and |
|
financed in accordance with Section 9, Article IX, Texas |
|
Constitution, and has the rights, powers, and duties provided by |
|
this chapter. (Acts 65th Leg., R.S., Ch. 511, Sec. 1 (part).) |
|
Sec. 1115.003. ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 65th Leg., R.S., Ch. 511, Sec. 21 (part).) |
|
Sec. 1115.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Wilson County, |
|
Texas. (Acts 65th Leg., R.S., Ch. 511, Sec. 1 (part).) |
|
Sec. 1115.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 65th |
|
Leg., R.S., Ch. 511, Sec. 20 (part).) |
|
Sec. 1115.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 65th Leg., R.S., Ch. 511, Sec. 20 (part).) |
|
[Sections 1115.007-1115.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1115.051. BOARD ELECTION; TERM. (a) The board |
|
consists of nine directors elected as follows: |
|
(1) two directors elected from each county |
|
commissioners precinct of Wilson County; and |
|
(2) one director elected from the district at large. |
|
(b) The candidate from each commissioners precinct |
|
receiving the highest number of votes from that precinct is elected |
|
as director from that precinct. The candidate from the district at |
|
large receiving the highest number of votes from the district at |
|
large is elected as the director from the district at large. |
|
(c) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; |
|
(2) each year one director is elected from each |
|
precinct; and |
|
(3) in odd-numbered years, a director is elected from |
|
the district at large. |
|
(d) A directors' election shall be held on the uniform |
|
election date in May of each year or another date authorized by law. |
|
(Acts 65th Leg., R.S., Ch. 511, Sec. 4(c) (part).) |
|
Sec. 1115.052. NOTICE OF ELECTION. At least 30 days before |
|
the date of a directors' election, notice of the election must be |
|
published one time in a newspaper or newspapers that individually |
|
or collectively have general circulation in the district. (Acts |
|
65th Leg., R.S., Ch. 511, Sec. 4(c) (part).) |
|
Sec. 1115.053. BALLOT PETITION. A person who wants to have |
|
the person's name printed on the ballot as a candidate for director |
|
must file with the board secretary a petition requesting that |
|
action. The petition must: |
|
(1) be signed by at least 15 registered voters in the |
|
district; and |
|
(2) be filed by the deadline imposed by Section |
|
144.005, Election Code. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(c) |
|
(part).) |
|
Sec. 1115.054. QUALIFICATIONS FOR OFFICE. (a) A person may |
|
not be elected or appointed as a director unless the person is: |
|
(1) a resident of the district; and |
|
(2) a qualified voter. |
|
(b) A person is not eligible for election as a director from |
|
a commissioners precinct unless the person is a resident of that |
|
precinct. |
|
(c) A person is not eligible to serve as a director if the |
|
person is: |
|
(1) the district administrator; |
|
(2) the district attorney; or |
|
(3) a district employee. (Acts 65th Leg., R.S., Ch. |
|
511, Sec. 4(d).) |
|
Sec. 1115.055. BOARD VACANCY. (a) If a vacancy occurs in |
|
the office of director, the remaining directors shall fill the |
|
vacancy for the unexpired term. |
|
(b) A person appointed under Subsection (a) to fill a |
|
vacancy from a precinct must be a resident of the precinct the |
|
person is to represent. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(c) |
|
(part).) |
|
Sec. 1115.056. OFFICERS. (a) The board shall elect: |
|
(1) a president and a vice president from among its |
|
members; and |
|
(2) a secretary, who need not be a director. |
|
(b) Each officer of the board serves a one-year term. |
|
(c) The board shall fill a vacancy in a board office for the |
|
unexpired term. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(e) (part).) |
|
Sec. 1115.057. COMPENSATION; EXPENSES. A director or |
|
officer serves without compensation but may be reimbursed for |
|
actual expenses incurred in the performance of official duties on |
|
approval by the board. The expenses must be reported in the |
|
district's records. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(e) |
|
(part).) |
|
Sec. 1115.058. VOTING REQUIREMENT. A concurrence of five |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(e) (part).) |
|
Sec. 1115.059. DISTRICT ADMINISTRATOR; ASSISTANT DISTRICT |
|
ADMINISTRATOR. (a) The board shall appoint a qualified person as |
|
district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and shall receive the compensation determined by the board. |
|
(c) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in the |
|
amount set by the board of not less than $5,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's required duties; and |
|
(2) contains any other condition the board requires. |
|
(d) The board may appoint an assistant district |
|
administrator. The assistant district administrator serves at the |
|
will of the board and receives the compensation determined by the |
|
board. (Acts 65th Leg., R.S., Ch. 511, Sec. 5 (part).) |
|
Sec. 1115.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
Subject to the limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. (Acts 65th |
|
Leg., R.S., Ch. 511, Sec. 5 (part).) |
|
Sec. 1115.061. ATTORNEY. (a) The board shall appoint a |
|
qualified person as the attorney for the district. |
|
(b) The attorney serves at the will of the board and |
|
receives the compensation determined by the board. (Acts 65th |
|
Leg., R.S., Ch. 511, Sec. 5 (part).) |
|
Sec. 1115.062. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The |
|
board may appoint to the staff any doctors the board considers |
|
necessary for the efficient operation of the district and may make |
|
temporary appointments as warranted. |
|
(b) The district may employ fiscal agents, accountants, |
|
architects, and additional attorneys as the board considers proper. |
|
(c) The board may delegate to the district administrator the |
|
authority to employ technicians, nurses, and district employees. |
|
(Acts 65th Leg., R.S., Ch. 511, Secs. 5 (part), 16.) |
|
[Sections 1115.063-1115.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1115.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for operating all hospital facilities for |
|
providing medical and hospital care for the district's needy |
|
inhabitants. (Acts 65th Leg., R.S., Ch. 511, Sec. 19 (part).) |
|
Sec. 1115.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision located wholly or |
|
partly within the district may not impose a tax or issue bonds or |
|
other obligations for hospital purposes or to provide medical care |
|
for district residents. (Acts 65th Leg., R.S., Ch. 511, Sec. 19 |
|
(part).) |
|
Sec. 1115.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. |
|
The board shall manage, control, and administer the hospital system |
|
and the district's money and resources. (Acts 65th Leg., R.S., Ch. |
|
511, Sec. 5 (part).) |
|
Sec. 1115.104. HOSPITAL SYSTEM. (a) The district shall |
|
provide for: |
|
(1) the establishment of a hospital system by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, and renovating buildings and equipment; and |
|
(B) equipping the buildings; and |
|
(2) the administration of the hospital system for |
|
hospital purposes. |
|
(b) The hospital system may include any facilities the board |
|
considers necessary for hospital care. (Acts 65th Leg., R.S., Ch. |
|
511, Secs. 2 (part), 10(a) (part).) |
|
Sec. 1115.105. RULES. The board may adopt rules governing |
|
the operation of the hospital, the hospital system, and the |
|
district's staff and employees. (Acts 65th Leg., R.S., Ch. 511, |
|
Sec. 5 (part).) |
|
Sec. 1115.106. PURCHASING AND ACCOUNTING PROCEDURES. The |
|
board may prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 65th |
|
Leg., R.S., Ch. 511, Sec. 10(b) (part).) |
|
Sec. 1115.107. DISTRICT PROPERTY, FACILITIES, AND |
|
EQUIPMENT. (a) The board shall determine the type, number, and |
|
location of buildings required to maintain an adequate hospital |
|
system. |
|
(b) The board may lease all or part of the district's |
|
buildings and facilities on terms considered to be in the best |
|
interest of the district's inhabitants. |
|
(c) The district may acquire equipment for use in the |
|
district's hospital system and mortgage or pledge the property as |
|
security for the payment of the purchase price. |
|
(d) The district may sell or otherwise dispose of any |
|
property, including equipment, on terms the board finds are in the |
|
best interest of the district's inhabitants. (Acts 65th Leg., |
|
R.S., Ch. 511, Secs. 10(a) (part), (b) (part).) |
|
Sec. 1115.108. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary or convenient to a power, |
|
right, or privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 511, |
|
Sec. 14.) |
|
Sec. 1115.109. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under the |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 65th Leg., R.S., Ch. 511, |
|
Sec. 18.) |
|
Sec. 1115.110. CONSTRUCTION CONTRACTS. A construction |
|
contract that involves the expenditure of more than $10,000 may be |
|
made only after advertising in the manner provided by Chapter 252 |
|
and Subchapter C, Chapter 262, Local Government Code. (Acts 65th |
|
Leg., R.S., Ch. 511, Sec. 10(b) (part).) |
|
Sec. 1115.111. OPERATING AND MANAGEMENT CONTRACTS. The |
|
board may enter into an operating or management contract relating |
|
to a district facility. (Acts 65th Leg., R.S., Ch. 511, Sec. 10(a) |
|
(part).) |
|
Sec. 1115.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. The board may contract with: |
|
(1) any county or municipality located outside the |
|
district for the care and treatment of a sick or injured person of |
|
that county or municipality; and |
|
(2) this state or a federal agency for the treatment of |
|
a sick or injured person. (Acts 65th Leg., R.S., Ch. 511, Sec. 5 |
|
(part).) |
|
Sec. 1115.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
INVESTIGATORY OR OTHER SERVICES. The board may contract with |
|
another political subdivision or a governmental agency for the |
|
district to provide investigatory or other services for the |
|
medical, hospital, or welfare needs of district inhabitants. (Acts |
|
65th Leg., R.S., Ch. 511, Sec. 5 (part).) |
|
Sec. 1115.114. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district is admitted to a district |
|
facility, the district administrator may have an inquiry made into |
|
the circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If the district administrator determines that the |
|
patient or those relatives cannot pay for all or part of the |
|
patient's care and treatment in the hospital, the amount that |
|
cannot be paid becomes a charge against the district. |
|
(c) If the district administrator determines that the |
|
patient or those relatives can pay for all or part of the costs of |
|
the patient's care and treatment, the patient or those relatives |
|
shall be ordered to pay the district a specified amount each week |
|
for the patient's care and support. The amount ordered must be |
|
proportionate to their financial ability. |
|
(d) The district administrator may collect the amount from |
|
the patient's estate, or from those relatives legally liable for |
|
the patient's support, in the manner provided by law for the |
|
collection of expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district administrator, the board shall hold a |
|
hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate orders. |
|
(f) A final order of the board may be appealed to the |
|
district court. The substantial evidence rule applies to the |
|
appeal. (Acts 65th Leg., R.S., Ch. 511, Sec. 17.) |
|
Sec. 1115.115. AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch. |
|
511, Sec. 5 (part).) |
|
Sec. 1115.116. ELECTION DATE. Notwithstanding Section |
|
41.001(a), Election Code, the board may choose the date for an |
|
election held under this chapter other than a directors' election |
|
under Section 1115.051. (Acts 65th Leg., R.S., Ch. 511, Sec. 3(e).) |
|
[Sections 1115.117-1115.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1115.151. BUDGET. (a) The district administrator |
|
shall prepare an annual budget for approval by the board. |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand to the credit of each district |
|
fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the budget; and |
|
(7) the estimated tax rate required. (Acts 65th Leg., |
|
R.S., Ch. 511, Sec. 6 (part).) |
|
Sec. 1115.152. PROPOSED BUDGET: NOTICE AND HEARING; |
|
APPROVAL OF BUDGET. (a) The board shall hold a public hearing on |
|
the proposed annual budget. |
|
(b) At least 10 days before the date of the hearing, notice |
|
of the hearing must be published one time. |
|
(c) Any district resident is entitled to be present and |
|
participate at the hearing. |
|
(d) At the conclusion of the hearing, the board shall act on |
|
the budget as proposed by the district administrator. The board may |
|
make any changes in the proposed budget that the board judges the |
|
law warrants and the interests of the taxpayers demand. The budget |
|
must be approved by the board. (Acts 65th Leg., R.S., Ch. 511, Sec. |
|
6 (part).) |
|
Sec. 1115.153. AMENDMENTS TO BUDGET. The annual budget may |
|
be amended as required by circumstances. The board must approve all |
|
amendments. (Acts 65th Leg., R.S., Ch. 511, Sec. 6 (part).) |
|
Sec. 1115.154. RESTRICTION ON EXPENDITURES. Money may be |
|
spent only for an expense included in the budget or an amendment to |
|
the budget. (Acts 65th Leg., R.S., Ch. 511, Sec. 6 (part).) |
|
Sec. 1115.155. FISCAL YEAR. (a) The district operates |
|
according to a fiscal year established by the board. |
|
(b) The fiscal year may not be changed: |
|
(1) during a period that district revenue bonds are |
|
outstanding; or |
|
(2) more than once in any 24-month period. (Acts 65th |
|
Leg., R.S., Ch. 511, Sec. 6 (part).) |
|
Sec. 1115.156. ANNUAL AUDIT. The board annually shall have |
|
an audit made of the district's financial condition. (Acts 65th |
|
Leg., R.S., Ch. 511, Sec. 6 (part).) |
|
Sec. 1115.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT |
|
RECORDS. The annual audit and other district records shall be open |
|
to inspection at the district's principal office. (Acts 65th Leg., |
|
R.S., Ch. 511, Sec. 6 (part).) |
|
Sec. 1115.158. FINANCIAL REPORT. As soon as practicable |
|
after the close of each fiscal year, the district administrator |
|
shall prepare for the board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of the disbursements of that |
|
money. (Acts 65th Leg., R.S., Ch. 511, Sec. 6 (part).) |
|
Sec. 1115.159. DEPOSITORY. (a) The board shall select one |
|
or more banks inside or outside the district to serve as a |
|
depository for district money. |
|
(b) All district money, other than money invested as |
|
provided by Section 1115.160(b) and money transmitted to a bank for |
|
payment of bonds or obligations issued or assumed by the district, |
|
shall be deposited as received with the depository bank and shall |
|
remain on deposit. |
|
(c) This chapter, including Subsection (b), does not limit |
|
the power of the board to: |
|
(1) place a part of district money on time deposit; or |
|
(2) purchase certificates of deposit. (Acts 65th |
|
Leg., R.S., Ch. 511, Sec. 11(a).) |
|
Sec. 1115.160. SPENDING AND INVESTMENT RESTRICTIONS. (a) |
|
Except as provided by Section 1115.107(c) and by Subchapter E, the |
|
district may not incur an obligation payable from district revenue |
|
other than the revenue on hand or to be on hand in the current and |
|
following district fiscal years. |
|
(b) The board may invest operating, depreciation, or |
|
building reserves only in funds or securities specified by Chapter |
|
2256, Government Code. (Acts 65th Leg., R.S., Ch. 511, Secs. 5 |
|
(part), 10(b) (part).) |
|
[Sections 1115.161-1115.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1115.201. GENERAL OBLIGATION BONDS. The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose relating to: |
|
(1) the purchase, construction, acquisition, repair, |
|
or renovation of buildings and improvements; and |
|
(2) equipping buildings and improvements for hospital |
|
purposes. (Acts 65th Leg., R.S., Ch. 511, Sec. 7(a) (part).) |
|
Sec. 1115.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued by the district, the |
|
board shall impose an ad valorem tax at a rate sufficient to create |
|
an interest and sinking fund to pay the principal of and interest on |
|
the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
ad valorem tax the district imposes may not in any year exceed 75 |
|
cents on each $100 valuation of all taxable property in the district |
|
subject to hospital district taxation. (Acts 65th Leg., R.S., Ch. |
|
511, Sec. 7(a) (part).) |
|
Sec. 1115.203. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters. |
|
(b) The order calling the bond election must provide for |
|
clerks as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; and |
|
(5) the maximum maturity of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. (Acts 65th Leg., R.S., Ch. 511, |
|
Sec. 7(a) (part).) |
|
Sec. 1115.204. MATURITY OF GENERAL OBLIGATION BONDS. |
|
District general obligation bonds must mature not later than 40 |
|
years after their date of issuance. (Acts 65th Leg., R.S., Ch. 511, |
|
Sec. 7(c) (part).) |
|
Sec. 1115.205. EXECUTION OF GENERAL OBLIGATION BONDS. The |
|
board president shall execute the general obligation bonds in the |
|
district's name and the board secretary shall countersign the bonds |
|
in the manner provided by Chapter 618, Government Code. (Acts 65th |
|
Leg., R.S., Ch. 511, Sec. 7(c) (part).) |
|
Sec. 1115.206. REVENUE BONDS. (a) The board may issue |
|
revenue bonds to: |
|
(1) purchase, construct, acquire, repair, renovate, |
|
or equip buildings and improvements for hospital purposes; or |
|
(2) acquire sites to be used for hospital purposes. |
|
(b) The bonds must be payable from and secured by a pledge of |
|
all or part of district revenue derived from the operation of the |
|
district's hospitals. |
|
(c) The bonds may be additionally secured by a mortgage or |
|
deed of trust lien on all or part of district property. |
|
(d) The bonds must be issued in the manner and in accordance |
|
with the procedures and requirements prescribed by Sections |
|
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health |
|
and Safety Code, for issuance of revenue bonds by a county hospital |
|
authority. (Acts 65th Leg., R.S., Ch. 511, Sec. 9 (part).) |
|
Sec. 1115.207. REFUNDING BONDS. (a) The board may, without |
|
an election, issue refunding bonds to refund outstanding |
|
indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of outstanding indebtedness. (Acts 65th |
|
Leg., R.S., Ch. 511, Secs. 7(a) (part), (b) (part), 9 (part).) |
|
Sec. 1115.208. BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) any bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) any profits made in the sale of the bonds. (Acts |
|
65th Leg., R.S., Ch. 511, Sec. 21 (part).) |
|
[Sections 1115.209-1115.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1115.251. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The board shall impose the tax to pay: |
|
(1) indebtedness assumed or issued by the district; |
|
and |
|
(2) district maintenance and operating expenses. |
|
(c) The board may not impose a tax to pay the principal of or |
|
interest on revenue bonds issued under Section 1115.206. (Acts |
|
65th Leg., R.S., Ch. 511, Secs. 12(a) (part), 15(a) (part).) |
|
Sec. 1115.252. TAX RATE. (a) The board may impose the tax |
|
at a rate not to exceed 75 cents on each $100 valuation of taxable |
|
property in the district subject to district taxation. |
|
(b) In setting the tax rate, the board shall consider the |
|
income of the district from sources other than taxation. (Acts 65th |
|
Leg., R.S., Ch. 511, Secs. 3(b) (part), 12(a) (part), (b) (part).) |
|
Sec. 1115.253. ASSESSMENT AND COLLECTION BY COUNTY TAX |
|
ASSESSOR-COLLECTOR. Unless the board elects to have taxes assessed |
|
and collected by its own tax assessor-collector under Section |
|
1115.254, the tax assessor-collector of Wilson County shall assess |
|
and collect taxes imposed by and for the district. (Acts 65th Leg., |
|
R.S., Ch. 511, Secs. 15(a) (part), (b) (part).) |
|
Sec. 1115.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX |
|
ASSESSOR-COLLECTOR. (a) The board by majority vote may elect to |
|
have district taxes assessed and collected by a tax |
|
assessor-collector appointed by the board. An election under this |
|
subsection must be made before December 1 and governs the manner in |
|
which taxes are assessed and collected, until changed by a similar |
|
resolution. |
|
(b) The district tax assessor-collector must reside in the |
|
district. |
|
(c) The board shall set the term of employment and |
|
compensation for the district tax assessor-collector. (Acts 65th |
|
Leg., R.S., Ch. 511, Secs. 15(a) (part), (c) (part).) |
|
CHAPTER 1116. WOOD COUNTY CENTRAL HOSPITAL DISTRICT |
|
OF WOOD COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1116.001. DEFINITIONS |
|
Sec. 1116.002. AUTHORITY FOR CREATION |
|
Sec. 1116.003. DISTRICT TERRITORY |
|
Sec. 1116.004. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1116.005. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1116.006-1116.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1116.051. BOARD ELECTION; TERM |
|
Sec. 1116.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 1116.053. BOND; RECORD OF BOND AND OATH OF OFFICE |
|
Sec. 1116.054. BOARD VACANCY |
|
Sec. 1116.055. OFFICERS |
|
Sec. 1116.056. COMPENSATION; EXPENSES |
|
Sec. 1116.057. DISTRICT ADMINISTRATOR |
|
Sec. 1116.058. EMPLOYEES |
|
Sec. 1116.059. MAINTENANCE OF RECORDS; PUBLIC |
|
INSPECTION |
|
[Sections 1116.060-1116.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1116.101. DISTRICT RESPONSIBILITY |
|
Sec. 1116.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT |
|
Sec. 1116.103. MANAGEMENT AND CONTROL OF DISTRICT |
|
Sec. 1116.104. HOSPITAL SYSTEM |
|
Sec. 1116.105. RULES |
|
Sec. 1116.106. PURCHASING AND ACCOUNTING |
|
Sec. 1116.107. EMINENT DOMAIN |
|
Sec. 1116.108. GIFTS AND ENDOWMENTS |
|
Sec. 1116.109. CONTRACTS WITH POLITICAL SUBDIVISIONS |
|
FOR HOSPITAL CARE |
|
Sec. 1116.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
[Sections 1116.111-1116.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1116.151. BUDGET |
|
Sec. 1116.152. PROPOSED BUDGET: NOTICE AND HEARING |
|
Sec. 1116.153. FISCAL YEAR |
|
Sec. 1116.154. ANNUAL AUDIT |
|
Sec. 1116.155. DEPOSITORY |
|
[Sections 1116.156-1116.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1116.201. BONDS |
|
Sec. 1116.202. TAX TO PAY BONDS |
|
Sec. 1116.203. BOND ELECTION |
|
Sec. 1116.204. MATURITY OF BONDS |
|
Sec. 1116.205. EXECUTION OF BONDS |
|
[Sections 1116.206-1116.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1116.251. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1116.252. TAX RATE |
|
Sec. 1116.253. ELECTION TO INCREASE MAXIMUM TAX RATE; |
|
ORDER; NOTICE; BALLOT |
|
Sec. 1116.254. TAX ASSESSOR AND COLLECTOR |
|
[Sections 1116.255-1116.300 reserved for expansion] |
|
SUBCHAPTER G. EXPANSION OF DISTRICT TERRITORY TO INCLUDE MINEOLA |
|
INDEPENDENT SCHOOL DISTRICT |
|
Sec. 1116.301. PETITION TO EXPAND DISTRICT TERRITORY |
|
Sec. 1116.302. NOTICE OF HEARING |
|
Sec. 1116.303. ORDER OF ANNEXATION |
|
Sec. 1116.304. RATIFICATION ELECTION |
|
Sec. 1116.305. ASSUMPTION OF DEBT AND TAXES |
|
Sec. 1116.306. BALLOT |
|
Sec. 1116.307. COMPOSITION AND ELECTION OF BOARD |
|
FOLLOWING ANNEXATION; TERMS |
|
[Sections 1116.308-1116.350 reserved for expansion] |
|
SUBCHAPTER H. EXPANSION OF DISTRICT TERRITORY TO INCLUDE |
|
ALBA-GOLDEN, YANTIS, AND HAWKINS INDEPENDENT SCHOOL DISTRICTS |
|
Sec. 1116.351. ELECTION ON EXPANSION OF DISTRICT; |
|
ORDER; NOTICE |
|
Sec. 1116.352. BALLOT |
|
Sec. 1116.353. COMPOSITION OF BOARD AFTER ANNEXATION |
|
OF ONE SCHOOL DISTRICT; TERMS; VOTING |
|
REQUIREMENT |
|
Sec. 1116.354. COMPOSITION OF BOARD AFTER ANNEXATION |
|
OF MORE THAN ONE SCHOOL DISTRICT; |
|
TERMS; VOTING REQUIREMENT |
|
CHAPTER 1116. WOOD COUNTY CENTRAL HOSPITAL DISTRICT |
|
OF WOOD COUNTY, TEXAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1116.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Wood County Central Hospital |
|
District of Wood County, Texas. (New.) |
|
Sec. 1116.002. AUTHORITY FOR CREATION. The Wood County |
|
Central Hospital District of Wood County, Texas, is created under |
|
the authority of Section 9, Article IX, Texas Constitution. (Acts |
|
60th Leg., R.S., Ch. 293, Sec. 1.) |
|
Sec. 1116.003. DISTRICT TERRITORY. Unless the district's |
|
boundaries are expanded under Subchapter G or H or other law, the |
|
district is composed of the territory in the boundaries of the |
|
Quitman Independent School District located in Wood County as those |
|
boundaries existed on May 25, 1967. (Acts 60th Leg., R.S., Ch. 293, |
|
Sec. 2.) |
|
Sec. 1116.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district's hospital |
|
system and any indebtedness incurred by the district under this |
|
chapter may not become a charge against or obligation of this state. |
|
(Acts 60th Leg., R.S., Ch. 293, Sec. 18 (part).) |
|
Sec. 1116.005. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 60th Leg., R.S., Ch. 293, Sec. 18 (part).) |
|
[Sections 1116.006-1116.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1116.051. BOARD ELECTION; TERM. (a) The board |
|
consists of six directors elected from the district at large unless |
|
the boundaries of the district are expanded under Subchapter G or H. |
|
(b) Directors serve staggered two-year terms unless: |
|
(1) the alternate terms provided by Section 1116.307, |
|
1116.353, or 1116.354 apply; or |
|
(2) four-year terms are established under Section |
|
285.081, Health and Safety Code. (Acts 60th Leg., R.S., Ch. 293, |
|
Secs. 5(a) (part), (d), (e), (g).) |
|
Sec. 1116.052. QUALIFICATIONS FOR OFFICE. To qualify for |
|
election to the board, a person must: |
|
(1) be at least 18 years of age; |
|
(2) have been a resident of the district for at least |
|
two years; and |
|
(3) be a qualified voter of the district. (Acts 60th |
|
Leg., R.S., Ch. 293, Sec. 5(b).) |
|
Sec. 1116.053. BOND; RECORD OF BOND AND OATH OF OFFICE. (a) |
|
Each director shall qualify for office by executing a good and |
|
sufficient commercial bond for $1,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) The district shall pay for a director's bond. |
|
(c) Each director's bond and constitutional oath of office |
|
shall be deposited with the district's depository for safekeeping. |
|
(Acts 60th Leg., R.S., Ch. 293, Sec. 6(a) (part).) |
|
Sec. 1116.054. BOARD VACANCY. If a vacancy occurs on the |
|
board, the board shall appoint a director for the unexpired term. |
|
(Acts 60th Leg., R.S., Ch. 293, Sec. 5(h).) |
|
Sec. 1116.055. OFFICERS. The board shall elect from among |
|
its members a president, a secretary, and a treasurer at the first |
|
meeting after each directors' election. (Acts 60th Leg., R.S., Ch. |
|
293, Sec. 6(b).) |
|
Sec. 1116.056. COMPENSATION; EXPENSES. A director is not |
|
entitled to compensation but is entitled to reimbursement for any |
|
necessary expense incurred in the performance of official duties. |
|
(Acts 60th Leg., R.S., Ch. 293, Sec. 6(c).) |
|
Sec. 1116.057. DISTRICT ADMINISTRATOR. (a) The board may |
|
employ a district administrator to manage the operations of the |
|
hospital system. |
|
(b) The district administrator may employ necessary |
|
personnel to perform the services provided by the hospital system. |
|
(Acts 60th Leg., R.S., Ch. 293, Sec. 11(e) (part).) |
|
Sec. 1116.058. EMPLOYEES. The board may employ an |
|
attorney, a general manager, a bookkeeper, an architect, and other |
|
employees necessary for the efficient operation of the district. |
|
(Acts 60th Leg., R.S., Ch. 293, Sec. 11(e) (part).) |
|
Sec. 1116.059. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. |
|
Except as provided by Section 1116.053, the board shall: |
|
(1) maintain all district records, including books, |
|
accounts, notices, minutes, and other matters of the district and |
|
the district's operation, at the district office; and |
|
(2) make those records available for public inspection |
|
at reasonable times. (Acts 60th Leg., R.S., Ch. 293, Sec. 11(b).) |
|
[Sections 1116.060-1116.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1116.101. DISTRICT RESPONSIBILITY. The district shall |
|
provide all necessary medical and hospital care for the district's |
|
needy inhabitants. (Acts 60th Leg., R.S., Ch. 293, Sec. 3 (part).) |
|
Sec. 1116.102. RESTRICTION ON POLITICAL SUBDIVISION |
|
TAXATION AND DEBT. A political subdivision of this state, other |
|
than the district, may not impose a tax or issue bonds or other |
|
obligations to provide hospital service or medical care in the |
|
district. (Acts 60th Leg., R.S., Ch. 293, Sec. 3 (part).) |
|
Sec. 1116.103. MANAGEMENT AND CONTROL OF DISTRICT. The |
|
board has full power to manage and control the district. (Acts 60th |
|
Leg., R.S., Ch. 293, Secs. 5(a) (part), 11(a) (part).) |
|
Sec. 1116.104. HOSPITAL SYSTEM. The district has the |
|
responsibility to establish a hospital or hospital system within |
|
its boundaries to provide hospital and medical care to the |
|
district's residents. (Acts 60th Leg., R.S., Ch. 293, Sec. 3 |
|
(part).) |
|
Sec. 1116.105. RULES. (a) The board shall adopt rules for |
|
the efficient operation of the district and district facilities. |
|
(b) The board shall: |
|
(1) publish the rules in book form; and |
|
(2) provide copies to interested persons on request at |
|
district expense. (Acts 60th Leg., R.S., Ch. 293, Sec. 11(c).) |
|
Sec. 1116.106. PURCHASING AND ACCOUNTING. The board may |
|
prescribe the method of making purchases and expenditures and the |
|
manner of accounting and control used by the district. (Acts 60th |
|
Leg., R.S., Ch. 293, Sec. 11(e) (part).) |
|
Sec. 1116.107. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in real, personal, or mixed property located in |
|
district territory if the interest is necessary or convenient to |
|
exercise a power or duty conferred on the district by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except that the |
|
district is not required to deposit in the trial court money or a |
|
bond as otherwise required by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding, the district is not |
|
required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; or |
|
(2) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 293, |
|
Sec. 14.) |
|
Sec. 1116.108. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board under the directions, limitations, or |
|
other provisions prescribed in writing by the donor that are not |
|
inconsistent with the proper management of the district. (Acts |
|
60th Leg., R.S., Ch. 293, Sec. 11(f).) |
|
Sec. 1116.109. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR |
|
HOSPITAL CARE. The board may contract with a political subdivision |
|
to provide hospital and medical care for needy persons who reside |
|
outside the district. (Acts 60th Leg., R.S., Ch. 293, Sec. 11(g).) |
|
Sec. 1116.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) A |
|
person who resides in the district is entitled to receive necessary |
|
medical and hospital care regardless of whether the person has the |
|
ability to pay for the care. The person may apply to receive this |
|
care without cost. |
|
(b) The board or the district administrator shall employ a |
|
person to investigate the ability of the patient and any relative |
|
liable for the patient's support to pay for the medical and hospital |
|
care received by the patient. |
|
(c) If the investigator finds that neither the patient nor |
|
those relatives can pay all or part of the patient's care, the |
|
expense of this care becomes a charge against the district. |
|
(d) If the patient or those relatives can pay for all or part |
|
of the costs of the patient's care, the board shall order the |
|
patient or relative to pay to the district treasurer each week an |
|
amount specified in the order. The amount must be proportionate to |
|
the person's ability to pay. |
|
(e) The district may collect the amount from the patient's |
|
estate, or from any relative liable for the patient's support, in |
|
the manner provided by law for the collection of expenses of the |
|
last illness of a deceased person. |
|
(f) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the investigator, the board shall hold a hearing and, |
|
after calling witnesses, shall: |
|
(1) determine the question; and |
|
(2) make the proper order based on the board's |
|
findings. |
|
(g) A party to the hearing who is not satisfied with the |
|
result of the order may appeal to the district court. The appeal is |
|
de novo, as that term is used in an appeal from a justice court to a |
|
county court. (Acts 60th Leg., R.S., Ch. 293, Sec. 13.) |
|
[Sections 1116.111-1116.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1116.151. BUDGET. The board shall prepare a budget |
|
that includes: |
|
(1) proposed expenditures and disbursements; |
|
(2) estimated receipts and collections for the next |
|
fiscal year; and |
|
(3) the amount of taxes required to be imposed during |
|
the next fiscal year to meet the proposed budget. (Acts 60th Leg., |
|
R.S., Ch. 293, Sec. 12(b).) |
|
Sec. 1116.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) |
|
The board shall hold a public hearing on the proposed budget. |
|
(b) Notice of the hearing must be published at least once in |
|
a newspaper of general circulation in the district not later than |
|
the 10th day before the date of the hearing. |
|
(c) Any qualified property tax paying voter is entitled to: |
|
(1) appear at the hearing; and |
|
(2) be heard regarding any item in the proposed |
|
budget. (Acts 60th Leg., R.S., Ch. 293, Secs. 12(c), (d).) |
|
Sec. 1116.153. FISCAL YEAR. The district's fiscal year is |
|
from October 1 to September 30. (Acts 60th Leg., R.S., Ch. 293, |
|
Sec. 12(a).) |
|
Sec. 1116.154. ANNUAL AUDIT. (a) The board annually shall |
|
require an independent audit of the district's books and records. |
|
(b) Not later than December 1 of each year, the board shall |
|
file a copy of the audit with: |
|
(1) the comptroller; and |
|
(2) the district. (Acts 60th Leg., R.S., Ch. 293, Sec. |
|
11(d).) |
|
Sec. 1116.155. DEPOSITORY. (a) The board by resolution |
|
shall designate a bank in Wood County as the district's depository. |
|
A designated bank serves for two years and until a successor is |
|
designated. |
|
(b) All district money shall be deposited in the depository |
|
and secured in the manner provided for securing county funds. (Acts |
|
60th Leg., R.S., Ch. 293, Sec. 15.) |
|
[Sections 1116.156-1116.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 1116.201. BONDS. (a) The district may issue bonds |
|
to: |
|
(1) purchase, construct, acquire, repair, or renovate |
|
buildings and improvements; and |
|
(2) equip buildings for hospital purposes. |
|
(b) The total face value of the bonds may not exceed the |
|
amount specified in the election order. (Acts 60th Leg., R.S., Ch. |
|
293, Secs. 9(a) (part), 10(a).) |
|
Sec. 1116.202. TAX TO PAY BONDS. The board may issue bonds |
|
under Section 1116.201 only if the board imposes an ad valorem tax |
|
at a rate sufficient to create an interest and sinking fund to pay |
|
the principal of and interest on the bonds as the bonds mature. |
|
(Acts 60th Leg., R.S., Ch. 293, Sec. 10(c).) |
|
Sec. 1116.203. BOND ELECTION. (a) The board may issue |
|
bonds under Section 1116.201 only if the bonds are authorized by a |
|
majority of the district voters voting in an election held for that |
|
purpose. |
|
(b) The board may order a bond election at any time. |
|
(c) The order calling an election must include: |
|
(1) the time of the election; |
|
(2) the location of the polling places; |
|
(3) the form of the ballots; |
|
(4) the presiding judge for each polling place; |
|
(5) the purpose of the bond issuance; |
|
(6) the amount of the bonds to be issued; |
|
(7) the maximum interest rate of the bonds; and |
|
(8) the maximum maturity date of the bonds. |
|
(d) A substantial copy of the election order shall be |
|
published in a newspaper of general circulation in the district |
|
once a week for two consecutive weeks before the date of the |
|
election. The first notice must be published at least 14 days |
|
before the date of the election. |
|
(e) A copy of the election results must be filed with the |
|
county clerk and become a public record. (Acts 60th Leg., R.S., Ch. |
|
293, Secs. 4(b), (c), (d) (part), 9(a) (part), (b), (d).) |
|
Sec. 1116.204. MATURITY OF BONDS. District bonds must |
|
mature not later than 40 years after the date of issuance. (Acts |
|
60th Leg., R.S., Ch. 293, Sec. 9(c) (part).) |
|
Sec. 1116.205. EXECUTION OF BONDS. The board president |
|
shall execute the district's bonds in the district's name, and the |
|
board secretary shall countersign the bonds. (Acts 60th Leg., |
|
R.S., Ch. 293, Sec. 10(b) (part).) |
|
[Sections 1116.206-1116.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES |
|
Sec. 1116.251. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all property in the district subject to |
|
district taxation. |
|
(b) The tax may be used only to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued under this chapter; |
|
(2) provide for the operation and maintenance of the |
|
district and the hospital system; |
|
(3) make improvements and additions to the hospital |
|
system; and |
|
(4) acquire sites for additions to the hospital |
|
system. (Acts 60th Leg., R.S., Ch. 293, Secs. 8(a) (part), (c).) |
|
Sec. 1116.252. TAX RATE. Unless the tax rate is increased |
|
as provided by Section 1116.253, the board may impose the tax at a |
|
rate not to exceed 35 cents on each $100 valuation of all property |
|
in the district subject to taxation. (Acts 60th Leg., R.S., Ch. |
|
293, Sec. 8(a) (part).) |
|
Sec. 1116.253. ELECTION TO INCREASE MAXIMUM TAX RATE; |
|
ORDER; NOTICE; BALLOT. (a) The board may order an election to |
|
increase the district's maximum tax rate to a rate not to exceed 75 |
|
cents on each $100 valuation of all property in the district subject |
|
to district taxation. |
|
(b) The maximum tax rate may not be increased unless the |
|
increase is approved by a majority of the district voters voting in |
|
an election held for that purpose. |
|
(c) The board shall give notice of the election in the |
|
manner provided for a bond election under Section 1116.203. |
|
(d) The election order must provide for clerks as in county |
|
elections and must state: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the form of the ballot; and |
|
(4) the presiding judge and alternate judge for each |
|
polling place. |
|
(e) The ballot for an election shall be printed to permit |
|
voting for or against the proposition: "The imposition of a tax not |
|
to exceed 75 cents on the $100 valuation on all property in the |
|
district subject to hospital district taxation." |
|
(f) The board shall declare the results of the election. |
|
(g) An election to increase the maximum tax rate may not be |
|
held under this section before the first anniversary of the date of |
|
any preceding election on the same proposition. |
|
(h) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 60th Leg., R.S., Ch. |
|
293, Sec. 7A (part).) |
|
Sec. 1116.254. TAX ASSESSOR AND COLLECTOR. The Wood County |
|
tax assessor-collector shall collect taxes for the district. (Acts |
|
60th Leg., R.S., Ch. 293, Sec. 8(d) (part).) |
|
[Sections 1116.255-1116.300 reserved for expansion] |
|
SUBCHAPTER G. EXPANSION OF DISTRICT TERRITORY TO INCLUDE MINEOLA |
|
INDEPENDENT SCHOOL DISTRICT |
|
Sec. 1116.301. PETITION TO EXPAND DISTRICT TERRITORY. (a) |
|
Registered voters of a defined territory composed of all territory |
|
within the boundaries of the Mineola Independent School District |
|
may file a petition with the board secretary requesting inclusion |
|
of the territory in the district. |
|
(b) The petition must be signed by the lesser of 50 |
|
registered voters of the territory or a majority of those voters. |
|
(Acts 60th Leg., R.S., Ch. 293, Sec. 7C(a).) |
|
Sec. 1116.302. NOTICE OF HEARING. (a) The board shall set |
|
a time and place to hold a hearing on the petition. |
|
(b) The hearing shall be held not earlier than the 31st day |
|
after the date the board issues the order. (Acts 60th Leg., R.S., |
|
Ch. 293, Sec. 7C(b).) |
|
Sec. 1116.303. ORDER OF ANNEXATION. If, after the hearing, |
|
the board determines that annexation of the territory into the |
|
district would be feasible and would benefit the district, the |
|
board may approve the annexation by a resolution entered in its |
|
minutes. (Acts 60th Leg., R.S., Ch. 293, Sec. 7C(c).) |
|
Sec. 1116.304. RATIFICATION ELECTION. (a) Annexation of |
|
territory is final when approved by a majority of the voters at: |
|
(1) an election held in the district; and |
|
(2) a separate election held on the same date in the |
|
territory to be annexed. |
|
(b) Section 41.001(a), Election Code, does not apply to an |
|
election held under this section. (Acts 60th Leg., R.S., Ch. 293, |
|
Secs. 7C(d) (part), (f) (part).) |
|
Sec. 1116.305. ASSUMPTION OF DEBT AND TAXES. If the |
|
district has outstanding debts or taxes, the voters in the |
|
elections to approve annexation must determine whether the annexed |
|
territory will assume its portion of the debts or taxes on |
|
annexation. (Acts 60th Leg., R.S., Ch. 293, Sec. 7C(d) (part).) |
|
Sec. 1116.306. BALLOT. The ballot for the elections shall |
|
be printed to permit voting for or against the following, as |
|
applicable: |
|
(1) "Adding the territory within the boundaries of the |
|
Mineola Independent School District to the Wood County Central |
|
Hospital District of Wood County." |
|
(2) "The territory within the boundaries of the |
|
Mineola Independent School District assuming its proportionate |
|
share of the outstanding debts and taxes of the Wood County Central |
|
Hospital District of Wood County, if it is added to the district." |
|
(Acts 60th Leg., R.S., Ch. 293, Sec. 7C(e).) |
|
Sec. 1116.307. COMPOSITION AND ELECTION OF BOARD FOLLOWING |
|
ANNEXATION; TERMS. (a) If annexation is approved, the board shall |
|
appoint a resident of the Mineola Independent School District to |
|
serve as a temporary director until the date of the next regular |
|
election of directors. |
|
(b) Notwithstanding any other provision of this chapter, |
|
beginning on the date the temporary director is appointed as |
|
required by Subsection (a) and ending on the date a majority of the |
|
directors elected in the next regular election have qualified for |
|
office: |
|
(1) the board is composed of seven directors; and |
|
(2) a concurrence of four directors is sufficient in |
|
any matter relating to district business. |
|
(c) Notwithstanding any other provision of this chapter, on |
|
the date of the next regular election following the approval of |
|
annexation: |
|
(1) five directors shall be elected from the area of |
|
the district that is composed of the jurisdiction of the Quitman |
|
Independent School District as those boundaries existed on May 25, |
|
1967; |
|
(2) five directors shall be elected from the area of |
|
the district that is composed of the jurisdiction of the Mineola |
|
Independent School District as those boundaries existed on the date |
|
annexation was approved; and |
|
(3) three directors shall be elected from the district |
|
at large. |
|
(d) Notwithstanding any other provision of this chapter, on |
|
the date a majority of the directors elected to the board under |
|
Subsection (c) have qualified for office: |
|
(1) the term of office of any director elected or |
|
appointed to the board before that election expires; and |
|
(2) the directors elected to the board under |
|
Subsection (c) shall draw lots to determine: |
|
(A) which director elected from the area of the |
|
district that is composed of the jurisdiction of the Quitman |
|
Independent School District, as those boundaries existed on May 25, |
|
1967, serves a one-year term, which two directors elected from that |
|
area serve two-year terms, and which two directors elected from |
|
that area serve three-year terms; |
|
(B) which director elected from the area of the |
|
district that is composed of the jurisdiction of the Mineola |
|
Independent School District, as those boundaries existed on the |
|
date annexation was approved, serves a one-year term, which two |
|
directors elected from that area serve two-year terms, and which |
|
two directors elected from that area serve three-year terms; and |
|
(C) which director elected from the district at |
|
large serves a one-year term, which director elected from the |
|
district at large serves a two-year term, and which director |
|
elected from the district at large serves a three-year term. |
|
(e) Notwithstanding any other provision of this chapter, |
|
beginning on the date a majority of the directors elected under |
|
Subsection (c) qualify for office: |
|
(1) the board is composed of 13 directors; and |
|
(2) a concurrence of seven directors is sufficient in |
|
any matter relating to district business. |
|
(f) Successor directors shall be elected as provided by |
|
Subsections (c) and (d) so that: |
|
(1) five directors are elected from the area of the |
|
district that is composed of the jurisdiction of the Quitman |
|
Independent School District as those boundaries existed on May 25, |
|
1967; |
|
(2) five directors are elected from the area of the |
|
district that is composed of the jurisdiction of the Mineola |
|
Independent School District as those boundaries existed on the date |
|
annexation was approved; and |
|
(3) three directors are elected from the district at |
|
large. |
|
(g) Following each decennial federal census, the board |
|
shall evaluate the electoral areas described by Subsection (f) to |
|
ensure that the areas comply with the requirements of federal |
|
election laws and shall adjust the jurisdiction of the areas in |
|
accordance with federal requirements. (Acts 60th Leg., R.S., Ch. |
|
293, Secs. 7C(g), (h) (part), (i), (j), (k) (part), (l), (m).) |
|
[Sections 1116.308-1116.350 reserved for expansion] |
|
SUBCHAPTER H. EXPANSION OF DISTRICT TERRITORY TO INCLUDE |
|
ALBA-GOLDEN, YANTIS, AND HAWKINS INDEPENDENT SCHOOL DISTRICTS |
|
Sec. 1116.351. ELECTION ON EXPANSION OF DISTRICT; ORDER; |
|
NOTICE. (a) The board may order one or more elections in the area |
|
of one or more of the following independent school districts, as |
|
they were constituted on May 15, 1979, on the question of whether |
|
that area shall be included in the district: |
|
(1) Alba-Golden; |
|
(2) Yantis; and |
|
(3) Hawkins. |
|
(b) The area of a school district in which an election is |
|
held is included in the district if a majority of registered voters |
|
in that school district voting at the election approve annexation. |
|
(c) The board shall give notice of the election in the |
|
district and in the area of each school district sought to be |
|
included in the district in the manner provided for a bond election |
|
under Section 1116.203. |
|
(d) The election order must provide for clerks as in county |
|
elections and must state: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the form of the ballot; and |
|
(4) the presiding judge and alternate judge for each |
|
polling place. |
|
(e) The board shall declare the results of the election. |
|
(f) An election to expand district territory to include the |
|
area of a school district may not be held under this section before |
|
the first anniversary of the date of an election on the same |
|
proposition. |
|
(g) Section 41.001(a), Election Code, does not apply to an |
|
election ordered under this section. (Acts 60th Leg., R.S., Ch. |
|
293, Secs. 7B(a), (b) (part), (c) (part).) |
|
Sec. 1116.352. BALLOT. The ballot for an election shall be |
|
printed to permit voting for or against the proposition: "The |
|
inclusion of the area of the (name of district) Independent School |
|
District in the Wood County Central Hospital District; providing |
|
for the imposition of annual taxes for hospital purposes and to pay |
|
that area's share of the hospital district's debt at a rate not to |
|
exceed (maximum tax rate in the district) cents on the $100 |
|
valuation of all taxable property within the district." (Acts 60th |
|
Leg., R.S., Ch. 293, Sec. 7B(b) (part).) |
|
Sec. 1116.353. COMPOSITION OF BOARD AFTER ANNEXATION OF ONE |
|
SCHOOL DISTRICT; TERMS; VOTING REQUIREMENT. (a) If a majority of |
|
the voters in the area of only one of the school districts approve |
|
annexation, the board shall appoint a resident of that area to serve |
|
as a director until the next regular election of directors. |
|
(b) Successors to a director appointed under Subsection (a) |
|
are elected from the district at large and serve two-year terms. |
|
(c) During any time the board is composed of seven |
|
directors, a concurrence of four is sufficient in any matter |
|
relating to district business. (Acts 60th Leg., R.S., Ch. 293, Sec. |
|
7B(d) (part).) |
|
Sec. 1116.354. COMPOSITION OF BOARD AFTER ANNEXATION OF |
|
MORE THAN ONE SCHOOL DISTRICT; TERMS; VOTING REQUIREMENT. (a) If a |
|
majority of the voters in the area of more than one school district |
|
approve annexation, the board may appoint two directors who are |
|
residents of the annexed area to serve in addition to the six |
|
sitting directors, for a total of eight directors. |
|
(b) If the board appoints two directors under Subsection |
|
(a), the board shall appoint: |
|
(1) one director to serve until the next regular |
|
election of directors following appointment; and |
|
(2) one director to serve until the election of |
|
directors following the next regular election of directors. |
|
(c) During any time the board is composed of eight |
|
directors, a concurrence of five is sufficient in any matter |
|
relating to district business. (Acts 60th Leg., R.S., Ch. 293, Sec. |
|
7B(e) (part).) |
|
CHAPTER 1117. YOAKUM HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1117.001. DEFINITIONS |
|
Sec. 1117.002. AUTHORITY FOR OPERATION |
|
Sec. 1117.003. ESSENTIAL PUBLIC FUNCTION |
|
Sec. 1117.004. DISTRICT TERRITORY |
|
Sec. 1117.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 1117.006. DISTRICT SUPPORT AND MAINTENANCE NOT |
|
STATE OBLIGATION |
|
Sec. 1117.007. RESTRICTION ON STATE FINANCIAL |
|
ASSISTANCE |
|
[Sections 1117.008-1117.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1117.051. BOARD ELECTION; TERM |
|
Sec. 1117.052. NOTICE OF ELECTION |
|
Sec. 1117.053. QUALIFICATIONS FOR OFFICE |
|
Sec. 1117.054. BOND; RECORD OF BOND AND OATH |
|
Sec. 1117.055. BOARD VACANCY |
|
Sec. 1117.056. OFFICERS |
|
Sec. 1117.057. COMPENSATION; EXPENSES |
|
Sec. 1117.058. VOTING REQUIREMENT |
|
Sec. 1117.059. DISTRICT ADMINISTRATOR |
|
Sec. 1117.060. GENERAL DUTIES OF DISTRICT |
|
ADMINISTRATOR |
|
Sec. 1117.061. EMPLOYEES |
|
Sec. 1117.062. MEDICAL DIRECTOR |
|
Sec. 1117.063. RETIREMENT PROGRAM; INSURANCE OR |
|
MEDICAL PROTECTION PROGRAM |
|
[Sections 1117.064-1117.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1117.101. DISTRICT RESPONSIBILITY |
|
Sec. 1117.102. RESTRICTION ON COUNTY OR MUNICIPAL |
|
TAXATION |
|
Sec. 1117.103. MANAGEMENT AND CONTROL |
|
Sec. 1117.104. HOSPITAL SYSTEM |
|
Sec. 1117.105. RULES |
|
Sec. 1117.106. PURCHASING AND ACCOUNTING |
|
Sec. 1117.107. EMINENT DOMAIN |
|
Sec. 1117.108. GIFTS AND ENDOWMENTS |
|
Sec. 1117.109. CONTRACTS WITH GOVERNMENTAL ENTITIES |
|
FOR CARE AND TREATMENT |
|
Sec. 1117.110. PAYMENT FOR TREATMENT; PROCEDURES |
|
Sec. 1117.111. AUTHORITY TO SUE AND BE SUED |
|
[Sections 1117.112-1117.150 reserved for expansion] |
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
Sec. 1117.151. ANNEXATION; TERRITORY SUBJECT TO |
|
ANNEXATION |
|
Sec. 1117.152. ELECTION |
|
Sec. 1117.153. ELECTION RESULT; EFFECT |
|
[Sections 1117.154-1117.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1117.201. BUDGET |
|
Sec. 1117.202. NOTICE; HEARING |
|
Sec. 1117.203. FISCAL YEAR |
|
Sec. 1117.204. ANNUAL AUDIT |
|
Sec. 1117.205. FINANCIAL REPORT |
|
Sec. 1117.206. INSPECTION OF DISTRICT RECORDS AND |
|
REPORTS |
|
Sec. 1117.207. DEPOSITORY OR TREASURER |
|
[Sections 1117.208-1117.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 1117.251. GENERAL OBLIGATION BONDS |
|
Sec. 1117.252. TAX TO PAY GENERAL OBLIGATION BONDS |
|
Sec. 1117.253. GENERAL OBLIGATION BOND ELECTION |
|
Sec. 1117.254. EXECUTION OF GENERAL OBLIGATION BONDS |
|
Sec. 1117.255. REFUNDING BONDS |
|
Sec. 1117.256. BONDS EXEMPT FROM TAXATION |
|
[Sections 1117.257-1117.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec. 1117.301. IMPOSITION OF AD VALOREM TAX |
|
Sec. 1117.302. TAX RATE |
|
Sec. 1117.303. TAX ASSESSOR-COLLECTOR |
|
CHAPTER 1117. YOAKUM HOSPITAL DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 1117.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Yoakum Hospital District. |
|
(New.) |
|
Sec. 1117.002. AUTHORITY FOR OPERATION. The Yoakum |
|
Hospital District operates in accordance with Section 9, Article |
|
IX, Texas Constitution, and has the powers and responsibilities |
|
provided by that section and this chapter. (Acts 59th Leg., R.S., |
|
Ch. 317, Sec. 1 (part).) |
|
Sec. 1117.003. ESSENTIAL PUBLIC FUNCTION. The district |
|
performs an essential public function in carrying out the purposes |
|
of this chapter. (Acts 59th Leg., R.S., Ch. 317, Sec. 8 (part).) |
|
Sec. 1117.004. DISTRICT TERRITORY. Unless modified under |
|
Subchapter D, the district is composed of the territory described |
|
by Section 1, Chapter 317, Acts of the 59th Legislature, Regular |
|
Session, 1965. (New.) |
|
Sec. 1117.005. CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the district by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 59th Leg., R.S., Ch. 317, Sec. 20 (part).) |
|
Sec. 1117.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE |
|
OBLIGATION. The support and maintenance of the district may not |
|
become a charge against or obligation of this state. (Acts 59th |
|
Leg., R.S., Ch. 317, Sec. 16 (part).) |
|
Sec. 1117.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE. |
|
The legislature may not make a direct appropriation for the |
|
construction, maintenance, or improvement of a district facility. |
|
(Acts 59th Leg., R.S., Ch. 317, Sec. 16 (part).) |
|
[Sections 1117.008-1117.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 1117.051. BOARD ELECTION; TERM. (a) The district is |
|
governed by a board of seven elected directors. |
|
(b) Directors serve staggered three-year terms, with the |
|
terms of two or three directors expiring each year, as appropriate. |
|
(Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).) |
|
Sec. 1117.052. NOTICE OF ELECTION. (a) At least 10 days |
|
before the date of a directors' election, notice of the election |
|
must be published one time in a newspaper of general circulation in |
|
the district. |
|
(b) The notice and order must specify the last day for |
|
filing. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).) |
|
Sec. 1117.053. QUALIFICATIONS FOR OFFICE. A person may not |
|
be elected or appointed as a director unless the person: |
|
(1) is a resident of the district; |
|
(2) owns property in the district subject to taxation; |
|
and |
|
(3) is at least 18 years of age at the time of election |
|
or appointment. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).) |
|
Sec. 1117.054. BOND; RECORD OF BOND AND OATH. (a) Each |
|
director shall execute a good and sufficient bond for $1,000 that |
|
is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. |
|
(b) Each director's bond and constitutional oath of office |
|
shall be deposited with the district's depository bank for |
|
safekeeping. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).) |
|
Sec. 1117.055. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the remaining directors shall appoint a |
|
director for the unexpired term. (Acts 59th Leg., R.S., Ch. 317, |
|
Sec. 4 (part).) |
|
Sec. 1117.056. OFFICERS. The board shall annually elect |
|
from among its members a president, a vice president, and a |
|
secretary. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).) |
|
Sec. 1117.057. COMPENSATION; EXPENSES. A director serves |
|
without compensation but may be reimbursed for actual expenses |
|
incurred in the performance of official duties on approval of the |
|
expenses by the entire board. (Acts 59th Leg., R.S., Ch. 317, Sec. |
|
5 (part).) |
|
Sec. 1117.058. VOTING REQUIREMENT. A concurrence of four |
|
directors is sufficient in any matter relating to district |
|
business. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).) |
|
Sec. 1117.059. DISTRICT ADMINISTRATOR. (a) The board may |
|
appoint a qualified person as district administrator. |
|
(b) The district administrator serves at the will of the |
|
board and receives the compensation determined by the board. |
|
(c) The tenure of the district administrator's contract may |
|
not exceed two years. |
|
(d) On assuming the duties of district administrator, the |
|
administrator shall execute a bond payable to the district in an |
|
amount set by the board of not less than $10,000 that: |
|
(1) is conditioned on the administrator performing the |
|
administrator's duties; and |
|
(2) contains other conditions the board may require. |
|
(Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).) |
|
Sec. 1117.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. |
|
(a) Subject to the direct control and responsibility of the board |
|
and any limitations prescribed by the board, the district |
|
administrator shall: |
|
(1) supervise the work and activities of the district; |
|
and |
|
(2) direct the affairs of the district. |
|
(b) The board must confirm the appointment of a person |
|
employed by the district administrator. (Acts 59th Leg., R.S., Ch. |
|
317, Sec. 5 (part).) |
|
Sec. 1117.061. EMPLOYEES. (a) The board may employ |
|
employees, including doctors, technicians, nurses, bookkeepers, |
|
financial advisors, architects, lawyers, and clerks, as considered |
|
necessary or convenient for the efficient operation of the district |
|
or a district hospital or hospital system, or to discharge the |
|
district's duties, obligations, and responsibility in the |
|
provision of medical and hospital care. |
|
(b) An employee serves at the will of the board and receives |
|
the compensation determined by the board. (Acts 59th Leg., R.S., |
|
Ch. 317, Sec. 5 (part).) |
|
Sec. 1117.062. MEDICAL DIRECTOR. (a) The board shall |
|
appoint a medical director. |
|
(b) To be qualified for appointment as the medical director, |
|
a person must: |
|
(1) be a doctor of medicine; and |
|
(2) actively practice medicine in the district. |
|
(c) The medical director is in charge of all matters of a |
|
medical nature in the district, subject to any rules adopted by the |
|
board. |
|
(d) The medical director is entitled to: |
|
(1) attend all meetings of the board; and |
|
(2) take part in all board discussions. |
|
(e) The medical director may not vote at a meeting of the |
|
board. (Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).) |
|
Sec. 1117.063. RETIREMENT PROGRAM; INSURANCE OR MEDICAL |
|
PROTECTION PROGRAM. The board may enter into any contract as |
|
required to establish or continue a retirement program or insurance |
|
or medical protection program for the benefit of the district's |
|
employees. (Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).) |
|
[Sections 1117.064-1117.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 1117.101. DISTRICT RESPONSIBILITY. The district has |
|
full responsibility for: |
|
(1) providing medical and hospital care for the |
|
district's needy inhabitants; and |
|
(2) operating all hospital facilities for providing |
|
medical and hospital care for needy or indigent persons in the |
|
district. (Acts 59th Leg., R.S., Ch. 317, Secs. 2 (part), 15 |
|
(part).) |
|
Sec. 1117.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION. |
|
A county, any part of which is in the district, or a municipality in |
|
the district may not issue bonds or other obligations or impose a |
|
tax on property in the district for hospital purposes for medical |
|
treatment of needy or indigent persons of the district. (Acts 59th |
|
Leg., R.S., Ch. 317, Sec. 15 (part).) |
|
Sec. 1117.103. MANAGEMENT AND CONTROL. (a) The management |
|
and control of the district is vested in the board. |
|
(b) The district, through the board, has every power, right, |
|
and privilege incident to the ownership of land, buildings, and |
|
personal property and the complete operation, management, and |
|
maintenance of a hospital or hospital system, including the power |
|
to: |
|
(1) negotiate and contract with any person to purchase |
|
or lease land or a hospital; |
|
(2) construct and equip a hospital or hospital system; |
|
(3) acquire and own land and a hospital and lease the |
|
land and hospital, with all hospital equipment and facilities, to |
|
any person to conduct the complete operation, management, and |
|
maintenance of a hospital or hospital system in consideration of a |
|
fair and reasonable annual payment to defray all or part of the |
|
district's annual capital outlay or debt service requirements; and |
|
(4) negotiate and contract with other political |
|
subdivisions of this state or private individuals, associations, or |
|
corporations for a purpose described by this subsection. |
|
(c) A contract or lease described by Subsection (b) must |
|
assure the provision of medical and hospital care for the |
|
district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 317, Sec. |
|
5 (part).) |
|
Sec. 1117.104. HOSPITAL SYSTEM. The district shall provide |
|
for: |
|
(1) the establishment of a hospital system by: |
|
(A) purchasing, constructing, acquiring, |
|
repairing, or renovating buildings and equipment; and |
|
(B) equipping the buildings; and |
|
(2) the administration of the hospital system for |
|
hospital purposes. (Acts 59th Leg., R.S., Ch. 317, Sec. 2 (part).) |
|
Sec. 1117.105. RULES. The district, through the board, may |
|
adopt rules for the operation of the district. (Acts 59th Leg., |
|
R.S., Ch. 317, Sec. 5 (part).) |
|
Sec. 1117.106. PURCHASING AND ACCOUNTING. The board may |
|
prescribe: |
|
(1) the method and manner of making purchases and |
|
expenditures by and for the district; and |
|
(2) all accounting and control procedures. (Acts 59th |
|
Leg., R.S., Ch. 317, Sec. 5 (part).) |
|
Sec. 1117.107. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain to acquire a fee simple or |
|
other interest in any type of property located in district |
|
territory if the interest is necessary to a power, right, or |
|
privilege conferred by this chapter. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code, except that the |
|
district is not required to deposit in the trial court money or a |
|
bond as provided by Section 21.021(a), Property Code. |
|
(c) In a condemnation proceeding brought by the district, |
|
the district is not required to: |
|
(1) pay in advance or provide a bond or other security |
|
for costs in the trial court; |
|
(2) provide a bond for the issuance of a temporary |
|
restraining order or a temporary injunction; or |
|
(3) provide a bond for costs or a supersedeas bond on |
|
an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 317, |
|
Sec. 12.) |
|
Sec. 1117.108. GIFTS AND ENDOWMENTS. The board may accept |
|
for the district a gift or endowment to be held in trust and |
|
administered by the board for the purposes and under any |
|
directions, limitations, or other provisions prescribed in writing |
|
by the donor that are not inconsistent with the proper management |
|
and objectives of the district. (Acts 59th Leg., R.S., Ch. 317, |
|
Sec. 18.) |
|
Sec. 1117.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR |
|
CARE AND TREATMENT. The board may contract with: |
|
(1) any county or municipality located outside the |
|
district for the care and treatment of a sick or injured person of |
|
that county or municipality; and |
|
(2) this state or a federal agency for the treatment of |
|
a sick, disabled, or injured person for whom the state or the |
|
federal government is responsible. (Acts 59th Leg., R.S., Ch. 317, |
|
Sec. 5 (part).) |
|
Sec. 1117.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) |
|
When a patient who resides in the district has been admitted to a |
|
district facility, the board shall have an inquiry made into the |
|
circumstances of: |
|
(1) the patient; and |
|
(2) the patient's relatives legally liable for the |
|
patient's support. |
|
(b) If an agent designated by the district to handle the |
|
inquiry determines that the patient or those relatives cannot pay |
|
for all or part of the patient's care and treatment in the hospital, |
|
the amount that cannot be paid becomes a charge against the |
|
district. |
|
(c) If the board determines that the patient or those |
|
relatives are liable to pay for all or part of the patient's care |
|
and treatment, the patient or those relatives shall be ordered to |
|
pay to the district's treasurer a specified amount each week for the |
|
patient's support. The amount ordered must be proportionate to |
|
their financial ability and may not exceed the actual per capita |
|
cost of maintenance. |
|
(d) The district may collect the amount from the patient's |
|
estate, or from those relatives legally liable for the patient's |
|
support, in the manner provided by law for the collection of |
|
expenses of the last illness of a deceased person. |
|
(e) If there is a dispute as to the ability to pay, or doubt |
|
in the mind of the district's designated agent, the board shall hold |
|
a hearing and, after calling witnesses, shall: |
|
(1) resolve the dispute or doubt; and |
|
(2) issue any appropriate order. |
|
(f) Either party to the dispute may appeal the order to the |
|
district court. (Acts 59th Leg., R.S., Ch. 317, Sec. 17.) |
|
Sec. 1117.111. AUTHORITY TO SUE AND BE SUED. The district, |
|
through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch. |
|
317, Sec. 5 (part).) |
|
[Sections 1117.112-1117.150 reserved for expansion] |
|
SUBCHAPTER D. CHANGE IN BOUNDARIES |
|
Sec. 1117.151. ANNEXATION; TERRITORY SUBJECT TO |
|
ANNEXATION. The board may adopt an order to annex territory that is |
|
adjacent to the district if an election is called by the board in |
|
accordance with this subchapter. (Acts 59th Leg., R.S., Ch. 317, |
|
Sec. 14 (part).) |
|
Sec. 1117.152. ELECTION. An election described by Section |
|
1117.151 must be confined to the territory proposed to be annexed to |
|
the district. (Acts 59th Leg., R.S., Ch. 317, Sec. 14 (part).) |
|
Sec. 1117.153. ELECTION RESULT; EFFECT. On approval of the |
|
annexation by a majority of the voters in the territory proposed to |
|
be annexed, the territory: |
|
(1) becomes a part of the district; |
|
(2) is liable for the territory's pro rata share of the |
|
district's indebtedness; and |
|
(3) shall impose taxes on property in the district for |
|
the payment of the district's debt and obligations. (Acts 59th |
|
Leg., R.S., Ch. 317, Sec. 14 (part).) |
|
[Sections 1117.154-1117.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 1117.201. BUDGET. The board shall prepare an annual |
|
budget, with the assistance of the district administrator, that |
|
corresponds to the district's fiscal year. (Acts 59th Leg., R.S., |
|
Ch. 317, Secs. 5 (part), 19 (part).) |
|
Sec. 1117.202. NOTICE; HEARING. (a) Before an annual |
|
budget described by Section 1117.201 is adopted, the board shall |
|
call a public hearing on the budget. |
|
(b) Notice of the hearing must be published in a newspaper |
|
of general circulation in the district not later than the 10th day |
|
before the date of the hearing. |
|
(c) After the budget is adopted, the following must be |
|
published one time in a newspaper of general circulation in the |
|
district: |
|
(1) a brief form of the adopted budget by general |
|
heading; |
|
(2) the annual budget for the preceding fiscal year in |
|
a form similar to the form described by Subdivision (1); and |
|
(3) the actual expenditures for the preceding fiscal |
|
year, including fiscal year account balances. (Acts 59th Leg., |
|
R.S., Ch. 317, Sec. 19 (part).) |
|
Sec. 1117.203. FISCAL YEAR. The board may establish a |
|
fiscal year for the district. (Acts 59th Leg., R.S., Ch. 317, Sec. |
|
5 (part).) |
|
Sec. 1117.204. ANNUAL AUDIT. Promptly after the close of |
|
each fiscal year, the board shall have an annual audit made of the |
|
district's books and records by an independent public accountant. |
|
(Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).) |
|
Sec. 1117.205. FINANCIAL REPORT. After the close of each |
|
fiscal year, the district administrator shall prepare for the |
|
board: |
|
(1) a complete sworn statement of all district money; |
|
and |
|
(2) a complete account of all disbursements of that |
|
money. (Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).) |
|
Sec. 1117.206. INSPECTION OF DISTRICT RECORDS AND REPORTS. |
|
The district's financial books and records, annual audit reports, |
|
district administrator's statement, and annual budget shall be open |
|
to reasonable inspection at the district's principal office. (Acts |
|
59th Leg., R.S., Ch. 317, Sec. 5 (part).) |
|
Sec. 1117.207. DEPOSITORY OR TREASURER. (a) The board |
|
shall designate one or more banks in the district to serve as |
|
depository or treasurer for district money. |
|
(b) District money shall be immediately deposited on |
|
receipt with a depository bank, except that sufficient money must |
|
be remitted to an appropriate bank to pay the principal of and |
|
interest on the district's outstanding bonds on or before the |
|
maturity date of the principal and interest. |
|
(c) To the extent that money in a depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. |
|
(d) Membership on the district's board of an officer or |
|
director of a bank does not disqualify that bank from being |
|
designated as depository. (Acts 59th Leg., R.S., Ch. 317, Sec. 11.) |
|
[Sections 1117.208-1117.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 1117.251. GENERAL OBLIGATION BONDS. (a) The board may |
|
issue and sell general obligation bonds in the name and on the faith |
|
and credit of the district for any purpose related to the purchase, |
|
construction, acquisition, repair, or renovation of buildings and |
|
improvements, and equipping buildings and improvements for |
|
hospitals and the hospital system, as determined by the board. |
|
(b) The board shall issue the bonds in compliance with the |
|
applicable provisions of Subtitles A and C, Title 9, Government |
|
Code. (Acts 59th Leg., R.S., Ch. 317, Sec. 7 (part).) |
|
Sec. 1117.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At |
|
the time general obligation bonds are issued under Section |
|
1117.251, the board shall impose an ad valorem tax at a rate |
|
sufficient to create an interest and sinking fund and to pay the |
|
principal of and interest on the bonds as the bonds mature. |
|
(b) The tax required by this section together with any other |
|
tax imposed for the district may not in any year exceed 75 cents on |
|
each $100 valuation of taxable property in the district. (Acts 59th |
|
Leg., R.S., Ch. 317, Sec. 7 (part).) |
|
Sec. 1117.253. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The board shall call the election. The election must be |
|
held in accordance with Chapter 1251, Government Code. |
|
(c) The election order must specify: |
|
(1) the date of the election; |
|
(2) the amount of the bonds to be authorized; |
|
(3) the maximum maturity of the bonds; |
|
(4) the maximum interest rate of the bonds; |
|
(5) the location of the polling places; and |
|
(6) the presiding election officers. |
|
(d) Notice of a bond election shall be given by publishing a |
|
substantial copy of the election order in a newspaper of general |
|
circulation in the district once each week for two consecutive |
|
weeks before the date of the election. The first publication must |
|
occur at least 20 days before the date of the election. (Acts 59th |
|
Leg., R.S., Ch. 317, Sec. 7 (part).) |
|
Sec. 1117.254. EXECUTION OF GENERAL OBLIGATION BONDS. The |
|
board president shall execute the general obligation bonds in the |
|
district's name, and the board secretary shall attest the bonds as |
|
provided by Chapter 618, Government Code. (Acts 59th Leg., R.S., |
|
Ch. 317, Sec. 7 (part).) |
|
Sec. 1117.255. REFUNDING BONDS. (a) The district may, |
|
without an election, issue refunding bonds to refund any bond or |
|
other refundable indebtedness issued or assumed by the district. |
|
(b) A refunding bond may be: |
|
(1) sold, with the proceeds of the refunding bond |
|
applied to the payment of the outstanding bonds or other refundable |
|
indebtedness; or |
|
(2) exchanged wholly or partly for not less than a |
|
similar principal amount of the outstanding bonds or other |
|
refundable indebtedness. (Acts 59th Leg., R.S., Ch. 317, Sec. 7 |
|
(part).) |
|
Sec. 1117.256. BONDS EXEMPT FROM TAXATION. The following |
|
are exempt from taxation by this state or a political subdivision of |
|
this state: |
|
(1) bonds issued by the district; |
|
(2) the transfer and issuance of the bonds; and |
|
(3) any profits made in the sale of the bonds. (Acts |
|
59th Leg., R.S., Ch. 317, Sec. 8 (part).) |
|
[Sections 1117.257-1117.300 reserved for expansion] |
|
SUBCHAPTER G. TAXES |
|
Sec. 1117.301. IMPOSITION OF AD VALOREM TAX. (a) The board |
|
shall impose a tax on all taxable property in the district subject |
|
to district taxation. |
|
(b) The board shall impose the tax to: |
|
(1) pay the interest on and create a sinking fund for |
|
bonds issued or assumed by the district for hospital purposes as |
|
provided by this chapter; |
|
(2) provide for the operation and maintenance of the |
|
district and hospital system; and |
|
(3) make improvements and additions to the hospitals |
|
or hospital system and acquire necessary land and sites for the |
|
hospitals or hospital system by purchase, lease, or condemnation. |
|
(Acts 59th Leg., R.S., Ch. 317, Sec. 10 (part).) |
|
Sec. 1117.302. TAX RATE. The board may impose the tax at a |
|
rate not to exceed 75 cents on each $100 valuation of all taxable |
|
property in the district. (Acts 59th Leg., R.S., Ch. 317, Sec. 10 |
|
(part).) |
|
Sec. 1117.303. TAX ASSESSOR-COLLECTOR. The tax |
|
assessor-collector of: |
|
(1) DeWitt County shall assess and collect taxes |
|
imposed by the district on all taxable property in DeWitt County; |
|
(2) Lavaca County shall assess and collect taxes |
|
imposed by the district on all taxable property in Lavaca County; |
|
and |
|
(3) Gonzales County shall assess and collect taxes |
|
imposed by the district on all taxable property in Gonzales County. |
|
(Acts 59th Leg., R.S., Ch. 317, Sec. 10 (part).) |
|
SECTION 1.02. Subtitle E, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapters 7803 and 7805 to read as |
|
follows: |
|
CHAPTER 7803. IRVING FLOOD CONTROL DISTRICT SECTION I |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7803.001. DEFINITIONS |
|
Sec. 7803.002. NATURE OF DISTRICT |
|
Sec. 7803.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 7803.004. DISTRICT TERRITORY |
|
Sec. 7803.005. DISSOLUTION AND ABOLITION OF DISTRICT |
|
[Sections 7803.006-7803.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7803.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 7803.052. ELIGIBILITY FOR OFFICE |
|
Sec. 7803.053. DIRECTOR'S BOND |
|
Sec. 7803.054. BOARD VACANCY |
|
Sec. 7803.055. BOARD PRESIDENT; ABSENCE OF BOARD |
|
PRESIDENT |
|
Sec. 7803.056. SECRETARY'S DUTIES |
|
Sec. 7803.057. TREASURER |
|
Sec. 7803.058. COMPENSATION |
|
Sec. 7803.059. DESIGNATION OF DIRECTOR TO ACT ON |
|
DISTRICT'S BEHALF |
|
Sec. 7803.060. DISTRICT OFFICE |
|
Sec. 7803.061. RECORDS |
|
[Sections 7803.062-7803.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7803.101. LEVEE IMPROVEMENT DISTRICT POWERS |
|
Sec. 7803.102. ANNEXATION OF LAND |
|
Sec. 7803.103. EMINENT DOMAIN |
|
Sec. 7803.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 7803.105. CONTRACTS FOR FACILITIES AND |
|
IMPROVEMENTS; ELECTION NOT REQUIRED |
|
Sec. 7803.106. CONTRACTS OVER $25,000 |
|
Sec. 7803.107. CONSTRUCTION CONTRACTS: EXECUTION AND |
|
AVAILABILITY |
|
Sec. 7803.108. CONSTRUCTION CONTRACTS: PAYMENT |
|
Sec. 7803.109. FLOOD HAZARD AREAS |
|
Sec. 7803.110. SETBACK LINES: RESOLUTION, NOTICE, AND |
|
HEARING |
|
Sec. 7803.111. SETBACK LINES: EFFECT ON LANDOWNERS |
|
Sec. 7803.112. LEGISLATIVE INTENT |
|
Sec. 7803.113. NOTICE OF DISTRICT ELECTIONS |
|
[Sections 7803.114-7803.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7803.151. TAX METHOD |
|
Sec. 7803.152. ASSESSMENT AND COLLECTION OF TAXES |
|
Sec. 7803.153. CERTIFICATION OF TAX RATE |
|
Sec. 7803.154. PAYMENT OF TAX OR ASSESSMENT NOT |
|
REQUIRED |
|
Sec. 7803.155. DEPOSITORY |
|
[Sections 7803.156-7803.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 7803.201. AUTHORITY TO ISSUE BONDS |
|
Sec. 7803.202. FORM OF BONDS |
|
Sec. 7803.203. MATURITY |
|
Sec. 7803.204. ELECTION REQUIRED |
|
Sec. 7803.205. USE OF BOND PROCEEDS DURING |
|
CONSTRUCTION |
|
Sec. 7803.206. TAXES FOR BONDS |
|
Sec. 7803.207. PRELIMINARY BONDS |
|
Sec. 7803.208. EXCHANGING BONDS FOR PROPERTY OR WORK |
|
[Sections 7803.209-7803.250 reserved for expansion] |
|
SUBCHAPTER F. DEFINED AREAS |
|
Sec. 7803.251. AUTHORITY TO ANNEX DEFINED AREA |
|
Sec. 7803.252. NOTICE OF AND HEARING ON PETITION TO |
|
ANNEX DEFINED AREA |
|
Sec. 7803.253. ORDER ANNEXING DEFINED AREA |
|
Sec. 7803.254. ELECTION REQUIRED |
|
Sec. 7803.255. NUMBERING OF DEFINED AREAS |
|
Sec. 7803.256. ADMINISTRATION OF DEFINED AREA |
|
Sec. 7803.257. POWERS AND DUTIES OF DEFINED AREA |
|
Sec. 7803.258. TAXATION; GENERAL PROVISIONS |
|
Sec. 7803.259. BONDS; GENERAL PROVISIONS |
|
Sec. 7803.260. PRELIMINARY BONDS |
|
CHAPTER 7803. IRVING FLOOD CONTROL DISTRICT SECTION I |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7803.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Irving Flood Control District |
|
Section I. (Acts 62nd Leg., R.S., Ch. 135, Sec. 1 (part); New.) |
|
Sec. 7803.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district and a flood control district |
|
created under and essential to accomplish the purposes of Section |
|
59, Article XVI, Texas Constitution. (Acts 62nd Leg., R.S., Ch. |
|
135, Sec. 1 (part).) |
|
Sec. 7803.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. |
|
(c) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state and for the |
|
improvement of their property and industries. The district in |
|
carrying out the purposes of this chapter will be performing an |
|
essential public function under the Texas Constitution. (Acts 62nd |
|
Leg., R.S., Ch. 135, Secs. 4, 24 (part).) |
|
Sec. 7803.004. DISTRICT TERRITORY. (a) The district is |
|
composed of all territory in the boundaries described by Section 2, |
|
Chapter 135, Acts of the 62nd Legislature, Regular Session, 1971, |
|
as that territory may have been modified under: |
|
(1) Section 7803.102 of this chapter or its |
|
predecessor statute, former Section 18, Chapter 135, Acts of the |
|
62nd Legislature, Regular Session, 1971; |
|
(2) Subchapter F of this chapter or its predecessor |
|
statute, former Section 26, Chapter 135, Acts of the 62nd |
|
Legislature, Regular Session, 1971, as amended by Section 1, |
|
Chapter 117, Acts of the 65th Legislature, Regular Session, 1977; |
|
(3) former Section 7, Chapter 135, Acts of the 62nd |
|
Legislature, Regular Session, 1971; |
|
(4) Subchapter J, Chapter 49, Water Code; or |
|
(5) other law. |
|
(b) The boundaries and field notes of the district contained |
|
in Section 2, Chapter 135, Acts of the 62nd Legislature, Regular |
|
Session, 1971, form a closure. A mistake in the field notes or in |
|
copying the field notes in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 62nd Leg., R.S., Ch. 135, Secs. 1 (part), 3; |
|
New.) |
|
Sec. 7803.005. DISSOLUTION AND ABOLITION OF DISTRICT. The |
|
City of Irving may dissolve and abolish the district at the |
|
municipality's discretion on written notice of the dissolution and |
|
abolition to the board, in the same manner and on the same terms and |
|
obligations as prescribed by Sections 43.074, 43.075, and 43.081, |
|
Local Government Code. (Acts 62nd Leg., R.S., Ch. 135, Sec. 22.) |
|
[Sections 7803.006-7803.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7803.051. COMPOSITION OF BOARD; TERMS. The board |
|
consists of seven elected directors who serve staggered terms. |
|
(Acts 62nd Leg., R.S., Ch. 135, Sec. 9 (part); New.) |
|
Sec. 7803.052. ELIGIBILITY FOR OFFICE. A director must own |
|
land in the district subject to taxation at the time the director |
|
qualifies for office. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 |
|
(part).) |
|
Sec. 7803.053. DIRECTOR'S BOND. (a) Each director shall |
|
qualify by giving bond in the amount of $5,000 for the faithful |
|
performance of the director's duties. |
|
(b) The bond must be recorded in the official bond records |
|
in the office of the county clerk of Dallas County. (Acts 62nd |
|
Leg., R.S., Ch. 135, Sec. 9 (part).) |
|
Sec. 7803.054. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy on the board shall be filled by |
|
appointment to the unexpired term by the remaining directors. |
|
(b) The City Council of the City of Irving shall appoint |
|
directors to fill all vacancies on the board if the number of |
|
qualified directors is less than four. |
|
(c) If any director ceases to possess the qualifications |
|
prescribed by Section 7803.052, the remaining directors shall |
|
declare the person's office vacant and appoint a successor. (Acts |
|
62nd Leg., R.S., Ch. 135, Sec. 9 (part).) |
|
Sec. 7803.055. BOARD PRESIDENT; ABSENCE OF BOARD PRESIDENT. |
|
(a) The board may authorize the president to sign all orders or take |
|
other action. |
|
(b) Any order adopted or other action taken at a board |
|
meeting at which the president is absent may be signed by the vice |
|
president, or the board may authorize the president to sign the |
|
order or other action. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 |
|
(part).) |
|
Sec. 7803.056. SECRETARY'S DUTIES. The board secretary |
|
shall keep accurate minutes and may certify to any action the board |
|
takes. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 (part).) |
|
Sec. 7803.057. TREASURER. (a) The board may appoint a |
|
district treasurer. |
|
(b) The district treasurer shall give bond in an amount |
|
required by the board, conditioned on the treasurer's faithful |
|
accounting of all money that comes into the treasurer's custody as |
|
district treasurer. (Acts 62nd Leg., R.S., Ch. 135, Sec. 13 |
|
(part).) |
|
Sec. 7803.058. COMPENSATION. Unless the board by |
|
resolution increases the fee to an amount authorized by Section |
|
49.060, Water Code, each director shall receive a per diem payment |
|
of $25 for each day spent performing district work. (Acts 62nd Leg., |
|
R.S., Ch. 135, Sec. 9 (part); New.) |
|
Sec. 7803.059. DESIGNATION OF DIRECTOR TO ACT ON DISTRICT'S |
|
BEHALF. The board may designate one or more directors who, on |
|
behalf of the district, may execute all contracts, including a |
|
construction contract, sign checks, or handle any other matter |
|
entered into by the board as shown in the district's official |
|
minutes. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 (part).) |
|
Sec. 7803.060. DISTRICT OFFICE. (a) The board shall |
|
designate, establish, and maintain a district office inside the |
|
district. |
|
(b) The board may establish a second district office outside |
|
the district. If the board establishes a second district office, |
|
the board shall give notice of the location of that office by |
|
publishing notice of the location of the office in a newspaper of |
|
general circulation in Dallas County. |
|
(c) A district office that is a private residence or office |
|
is a public place for matters relating to the district's business. |
|
(d) The board shall provide notice of any change in the |
|
location of the district office outside the district in the manner |
|
required by Subsection (b). (Acts 62nd Leg., R.S., Ch. 135, Sec. |
|
14.) |
|
Sec. 7803.061. RECORDS. The board shall keep and maintain |
|
complete and accurate accounts and records, which shall be kept at |
|
the district's principal office and be open to public inspection at |
|
reasonable times. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 (part).) |
|
[Sections 7803.062-7803.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7803.101. LEVEE IMPROVEMENT DISTRICT POWERS. (a) The |
|
district has the rights, powers, privileges, and functions |
|
applicable to a levee improvement district created under the |
|
authority of Section 59, Article XVI, Texas Constitution, including |
|
those conferred by Chapters 49 and 57, Water Code. |
|
(b) The district has the power to construct and maintain |
|
levees and other improvements on, along, and contiguous to rivers, |
|
creeks, streams, and drainage courses for the purposes of: |
|
(1) reclaiming land from overflow from the water; |
|
(2) controlling and distributing the water of rivers |
|
and streams by straightening and otherwise improving the rivers and |
|
streams; |
|
(3) draining the land properly and otherwise improving |
|
the land; and |
|
(4) preventing the pollution of the water. |
|
(c) In the accomplishment of the district's purposes, the |
|
district may issue bonds, enter into contracts, or incur debt in the |
|
manner prescribed by this chapter. (Acts 62nd Leg., R.S., Ch. 135, |
|
Sec. 5 (part); New.) |
|
Sec. 7803.102. ANNEXATION OF LAND. (a) The district may |
|
annex land in the manner provided by Subchapter J, Chapter 49, or |
|
Subchapter O, Chapter 51, Water Code, to the extent applicable. |
|
(b) If land is annexed by the district under Section 49.301 |
|
or 51.714, Water Code, the board may require the petitioners to: |
|
(1) allow the land to be added to assume its pro rata |
|
share of taxes necessary to support the voted but unissued bonds of |
|
the district; and |
|
(2) authorize the board to impose a tax on the |
|
petitioners' property to pay for the bonds after the bonds have been |
|
issued. |
|
(c) If land is annexed by the district under Section 49.302, |
|
Water Code, the board may submit to the voters of the area to be |
|
annexed a proposition on the question of the assumption by the area |
|
to be annexed of its pro rata share of the voted but not yet issued |
|
or sold bonds of the district and the imposition of an ad valorem |
|
tax on taxable property in the area to be annexed along with a tax in |
|
the rest of the district for the payment of the bonds. |
|
(d) If the petitioners consent or if the election results |
|
favorably, the district may issue its voted but unissued bonds |
|
regardless of changes to district boundaries since the original |
|
voting or authorization of the bonds. (Acts 62nd Leg., R.S., Ch. |
|
135, Sec. 18.) |
|
Sec. 7803.103. EMINENT DOMAIN. (a) The district may |
|
exercise the power of eminent domain in Dallas County to acquire the |
|
fee simple title to or an easement or right-of-way to, over, or |
|
through any private or public land, water, or land under water that |
|
is in the district, borders the district, is adjacent or opposite to |
|
the district, or is outside of the district if the property has a |
|
direct effect on the accomplishment of the purposes for which the |
|
district is created and is necessary for making, constructing, and |
|
maintaining all levees and other improvements for the improvement |
|
of rivers, creeks, streams, or drainage courses in the district or |
|
bordering the district to prevent the overflow of water. |
|
(b) The district may not exercise the power of eminent |
|
domain under Subsection (a) to acquire land or other property that |
|
is used for cemetery purposes. |
|
(c) The district shall pay adequate compensation to the |
|
owner of property that is taken, damaged, or destroyed for the |
|
purposes described by Subsection (a). |
|
(d) A condemnation proceeding must be brought in the name of |
|
the district. (Acts 62nd Leg., R.S., Ch. 135, Sec. 6 (part).) |
|
Sec. 7803.104. COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of: |
|
(1) relocating, raising, rerouting, changing the |
|
grade of, or altering the construction of a facility described by |
|
Subsection (b); and |
|
(2) providing comparable replacement without |
|
enhancement of the facility, after deducting from that cost the net |
|
salvage value of the old facility. |
|
(b) If the district's exercise of its power of eminent |
|
domain, power of relocation, or any other power makes necessary the |
|
relocation, raising, rerouting, changing the grade, or alteration |
|
of the construction of a highway, a railroad, an electric |
|
transmission line, a telephone or telegraph property or facility, |
|
or a pipeline, the necessary action shall be accomplished at the |
|
sole expense of the district unless the owner of the relocated or |
|
altered facility has a legal obligation to pay those expenses, in |
|
which event the necessary action shall be accomplished at the |
|
expense of the owner. (Acts 62nd Leg., R.S., Ch. 135, Sec. 6 |
|
(part).) |
|
Sec. 7803.105. CONTRACTS FOR FACILITIES AND IMPROVEMENTS; |
|
ELECTION NOT REQUIRED. (a) The district may enter into a contract |
|
with the United States, the City of Irving, another public body, or |
|
an individual, corporation, or other entity for the maintenance or |
|
construction of any facility or improvement authorized by this |
|
chapter. |
|
(b) The district may enter into a contract under Subsection |
|
(a) without: |
|
(1) voting for the issuance of bonds; or |
|
(2) holding an election to approve the contract. |
|
(Acts 62nd Leg., R.S., Ch. 135, Sec. 12.) |
|
Sec. 7803.106. CONTRACTS OVER $25,000. (a) A contract |
|
involving an expenditure of more than $25,000 for the construction |
|
of a district facility or improvement or for the purchase of |
|
machinery, materials, or supplies for the district must be entered |
|
into by the board in accordance with this section. |
|
(b) Not later than the 14th day before the date sealed bids |
|
are opened, the letting of a contract described by Subsection (a) |
|
must be advertised by publishing notice one time in one or more |
|
newspapers having general circulation in this state. The notice |
|
must include the general conditions of the contract and the date, |
|
time, and place of the opening of the sealed bids. |
|
(c) A person who desires to bid on the construction of any |
|
works advertised in the notice under Subsection (b) and submits a |
|
written application to the board or the district's engineer shall |
|
be provided with a copy of the plans and specifications showing the |
|
work to be done. A fee may be charged to cover the cost of making |
|
the copy. |
|
(d) A bid must be in writing, sealed, and delivered to the |
|
board and be accompanied by a certified or cashier's check or |
|
bidder's bond for at least five percent of the total amount of the |
|
bid. |
|
(e) A successful bidder who fails or refuses to enter into a |
|
proper contract or to furnish proper performance and payment bonds |
|
for the contract forfeits to the district the amount of the check |
|
delivered under Subsection (d). |
|
(f) All bids must be opened at the same time. |
|
(g) The board may reject any or all bids. (Acts 62nd Leg., |
|
R.S., Ch. 135, Sec. 15 (part).) |
|
Sec. 7803.107. CONSTRUCTION CONTRACTS: EXECUTION AND |
|
AVAILABILITY. (a) A construction contract must be in writing and |
|
signed by the contractor and: |
|
(1) the president and secretary of the board; or |
|
(2) a majority of the directors. |
|
(b) A copy of each construction contract shall be kept in |
|
the district's records and be subject to public inspection. |
|
(c) A construction contract must contain or have attached to |
|
it the specifications for all work included in the contract. (Acts |
|
62nd Leg., R.S., Ch. 135, Sec. 15 (part).) |
|
Sec. 7803.108. CONSTRUCTION CONTRACTS: PAYMENT. (a) A |
|
construction contract may be paid for in partial payments as the |
|
work progresses, based on estimates approved by the district's |
|
engineer. |
|
(b) The payments may not exceed 90 percent of the amount due |
|
at the time of the payments as shown by the approved estimates, |
|
except that the final approved estimate, including all prior |
|
retainage, must be paid in full. (Acts 62nd Leg., R.S., Ch. 135, |
|
Sec. 15 (part).) |
|
Sec. 7803.109. FLOOD HAZARD AREAS. (a) The board by |
|
resolution shall designate flood hazard areas in the district if |
|
the board finds that the public health, safety, and general |
|
welfare, and the purposes of Section 59, Article XVI, Texas |
|
Constitution, will be promoted by the designation. |
|
(b) The resolution must contain field notes, a map, or both |
|
field notes and a map that describe the area to be included in a |
|
flood hazard area. |
|
(c) Before passing a resolution designating a flood hazard |
|
area, the board shall hold at least one public hearing related to |
|
the designation. The board must publish notice of the time and place |
|
of the hearing in English in a newspaper having general circulation |
|
in Dallas County at least 15 days before the date of the hearing. A |
|
hearing may be continued from time to time until the board |
|
determines that all interested persons have had an opportunity to |
|
be heard. |
|
(d) The board by resolution may, following notice and a |
|
hearing as required by Subsection (c), amend the designated flood |
|
hazard areas as the board determines necessary. (Acts 62nd Leg., |
|
R.S., Ch. 135, Secs. 20, 21.) |
|
Sec. 7803.110. SETBACK LINES: RESOLUTION, NOTICE, AND |
|
HEARING. (a) The board may establish and maintain building setback |
|
lines along any waterway in the district for the purpose of |
|
promoting the public health, safety, and general welfare and |
|
accomplishing the purposes of Section 59, Article XVI, Texas |
|
Constitution. |
|
(b) Building setback lines may be established only after |
|
notice and hearing. The notice must be published in a newspaper of |
|
general circulation in Dallas County not earlier than the 60th day |
|
or later than the 15th day before the date of the hearing. Each |
|
affected landowner must be given actual notice by certified mail of |
|
the hearing. |
|
(c) The board by resolution shall adopt building setback |
|
lines if, after the hearing is completed, the board finds that the |
|
establishment of building setback lines is for the public health, |
|
safety, and general welfare of the people in the district and for |
|
the accomplishment of the purposes of Section 59, Article XVI, |
|
Texas Constitution. The resolution must contain a description of |
|
the area included in the building setback lines by field notes, a |
|
map or plat, or both. A certified copy of the resolution shall be |
|
filed for record immediately with the county clerk of Dallas |
|
County. On the filing of the resolution, all persons are charged |
|
with notice of the requirements of the resolution. |
|
(d) The board may, on public hearing after notice as |
|
provided by Subsection (b), amend, supplement, or grant an |
|
exception to building setback lines as determined necessary. (Acts |
|
62nd Leg., R.S., Ch. 135, Sec. 19 (part).) |
|
Sec. 7803.111. SETBACK LINES: EFFECT ON LANDOWNERS. (a) |
|
Except as otherwise provided by this section, after the |
|
establishment of building setback lines under Section 7803.110, a |
|
structure may not be erected within the setback lines. |
|
(b) A person intending to erect a structure within building |
|
setback lines must give written notice of the intention by |
|
certified mail not later than the 90th day before the date the |
|
person begins erecting the structure. |
|
(c) Provided that the landowner was given actual notice by |
|
certified mail of the hearing to establish the setback lines, a |
|
person's failure to give notice under Subsection (b) constitutes a |
|
prima facie showing in any subsequent eminent domain proceeding |
|
instituted by the district to acquire the area within the setback |
|
lines that the person erecting the structure did so at the person's |
|
own risk with knowledge of: |
|
(1) the fact that erecting the structure interfered |
|
with the district's setback provisions; and |
|
(2) the district's right to remove the structure |
|
erected after the establishment of the setback lines without |
|
recovery of the value of the structure. |
|
(d) If the district does not institute an eminent domain |
|
proceeding to acquire an area within building setback lines within |
|
90 days after the date notice is mailed under Subsection (b), the |
|
setback lines may not affect damages in the eminent domain |
|
proceeding and the damages must be determined and paid as if the |
|
setback lines had not been established. |
|
(e) An owner who believes that a structure the owner is |
|
about to erect may be within the required setback area by certified |
|
letter may petition the district to survey and mark the building |
|
setback lines on the ground. If the district fails within 90 days |
|
to make the requested survey and mark the location of the setback |
|
lines on the ground or to show the location of the setback lines in |
|
another reasonable manner, the owner may erect the structure in the |
|
same manner and with the same results as if setback lines had not |
|
been established. (Acts 62nd Leg., R.S., Ch. 135, Sec. 19 (part).) |
|
Sec. 7803.112. LEGISLATIVE INTENT. Sections 7803.110 and |
|
7803.111 are intended to give the board the right to protect from |
|
encroachment those areas that need to be protected from |
|
encroachment for such immediate and future drainage and flood |
|
control right-of-way requirements in the district as it may be |
|
necessary, or in the public interest to protect or promote the |
|
public health, safety, and general welfare. (Acts 62nd Leg., R.S., |
|
Ch. 135, Sec. 19 (part).) |
|
Sec. 7803.113. NOTICE OF DISTRICT ELECTIONS. Notice of a |
|
district election must be published once in a newspaper with |
|
general circulation in Dallas County and in the district at least 20 |
|
days before the date of the election. (Acts 62nd Leg., R.S., Ch. |
|
135, Sec. 10 (part).) |
|
[Sections 7803.114-7803.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7803.151. TAX METHOD. (a) The district shall use the |
|
ad valorem plan of taxation, including for any separately defined |
|
area annexed under Subchapter F. |
|
(b) The board is not required to call or hold a hearing on |
|
the adoption of a plan of taxation. (Acts 62nd Leg., R.S., Ch. 135, |
|
Secs. 8, 26(e) (part).) |
|
Sec. 7803.152. ASSESSMENT AND COLLECTION OF TAXES. (a) The |
|
tax assessor and collector for the City of Irving shall assess and |
|
collect taxes for the district. |
|
(b) The tax assessor and collector shall make the records |
|
maintained by the tax assessor and collector available to the |
|
district on request by the secretary of the district. (Acts 62nd |
|
Leg., R.S., Ch. 135, Sec. 16 (part).) |
|
Sec. 7803.153. CERTIFICATION OF TAX RATE. Each year, the |
|
board shall certify to the tax assessor and collector for the City |
|
of Irving the rate or rates of tax that the board has imposed for |
|
bond and maintenance purposes. (Acts 62nd Leg., R.S., Ch. 135, Sec. |
|
16 (part).) |
|
Sec. 7803.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
The district is not required to pay a tax or assessment on: |
|
(1) district property; or |
|
(2) a purchase made by the district. (Acts 62nd Leg., |
|
R.S., Ch. 135, Sec. 24 (part).) |
|
Sec. 7803.155. DEPOSITORY. (a) The board shall designate |
|
one or more banks inside or outside the district to serve as the |
|
depository for the district's money. |
|
(b) All district money shall be deposited in the depository |
|
bank or banks, except that sufficient money must be remitted to and |
|
received by the bank or banks of payment to pay the principal of and |
|
interest on any outstanding district bonds on or before the |
|
maturity date of the principal and interest. |
|
(c) To the extent that money in a depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. (Acts 62nd Leg., R.S., Ch. 135, Sec. 13 (part).) |
|
[Sections 7803.156-7803.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 7803.201. AUTHORITY TO ISSUE BONDS. The board may |
|
issue district tax bonds to acquire money to carry out any district |
|
power or accomplish any district purpose under this chapter. The |
|
bonds may be authorized by a board order. (Acts 62nd Leg., R.S., |
|
Ch. 135, Sec. 10 (part).) |
|
Sec. 7803.202. FORM OF BONDS. District bonds and their |
|
related interest coupons shall be signed and executed as provided |
|
by the board in the order authorizing the issuance of the bonds. |
|
(Acts 62nd Leg., R.S., Ch. 135, Sec. 10 (part).) |
|
Sec. 7803.203. MATURITY. District bonds must mature not |
|
later than 40 years after their date of issuance. (Acts 62nd Leg., |
|
R.S., Ch. 135, Sec. 10 (part).) |
|
Sec. 7803.204. ELECTION REQUIRED. (a) The district may not |
|
issue bonds, other than refunding bonds, unless the bonds are |
|
authorized by a majority vote of the district voters voting in an |
|
election held to determine whether the bonds should be issued and |
|
whether a tax should be imposed to pay the principal of and interest |
|
on the bonds. |
|
(b) The board may order and provide notice of an election |
|
under this section. |
|
(c) In addition to the requirements of the Election Code, |
|
the ballots shall have printed on them "For the issuance of bonds |
|
and the levy of taxes in payment thereof" and the contrary of that |
|
proposition. (Acts 62nd Leg., R.S., Ch. 135, Sec. 10 (part).) |
|
Sec. 7803.205. USE OF BOND PROCEEDS DURING CONSTRUCTION. |
|
(a) The board may set aside part of the bond proceeds to: |
|
(1) pay interest on the bonds during the period of |
|
construction of improvements or facilities; and |
|
(2) create reserves for the payment of the principal |
|
of and interest on the bonds. |
|
(b) For purposes of Subsection (a), the period of |
|
construction may not exceed two years. (Acts 62nd Leg., R.S., Ch. |
|
135, Sec. 10 (part).) |
|
Sec. 7803.206. TAXES FOR BONDS. The board may impose |
|
continuing direct annual ad valorem taxes on all taxable property |
|
in the district sufficient to: |
|
(1) provide for the payment of interest on bonds |
|
issued under this subchapter as the interest accrues; and |
|
(2) create and provide a sinking fund for the payment |
|
of principal of the bonds as the principal matures. (Acts 62nd |
|
Leg., R.S., Ch. 135, Sec. 10 (part).) |
|
Sec. 7803.207. PRELIMINARY BONDS. (a) The district may |
|
issue preliminary bonds, which need not be designated as such, to |
|
provide a fund to pay: |
|
(1) the cost of making surveys and investigations, |
|
attorneys' fees, and engineers' work; |
|
(2) the cost of issuing bonds; and |
|
(3) all other costs and expenses incident to the |
|
district's operation in investigating and determining plans for the |
|
district's plant and improvements. |
|
(b) Preliminary bonds shall be voted and authorized in the |
|
manner and under the same provisions applicable to the district's |
|
construction bonds and shall be of equal dignity with those |
|
construction bonds. (Acts 62nd Leg., R.S., Ch. 135, Sec. 10 |
|
(part).) |
|
Sec. 7803.208. EXCHANGING BONDS FOR PROPERTY OR WORK. The |
|
district may exchange bonds: |
|
(1) for property acquired by purchase; or |
|
(2) in payment of the contract price of work performed |
|
for the use and benefit of the district. (Acts 62nd Leg., R.S., Ch. |
|
135, Sec. 10 (part).) |
|
[Sections 7803.209-7803.250 reserved for expansion] |
|
SUBCHAPTER F. DEFINED AREAS |
|
Sec. 7803.251. AUTHORITY TO ANNEX DEFINED AREA. (a) In |
|
addition to annexing land under Section 7803.102, the board may |
|
annex land to the district as a separately defined area on the |
|
petition of the owner or owners of a majority of the land contained |
|
in an area defined by metes and bounds outside the district. |
|
(b) The petition must be filed with the board. (Acts 62nd |
|
Leg., R.S., Ch. 135, Sec. 26(a) (part).) |
|
Sec. 7803.252. NOTICE OF AND HEARING ON PETITION TO ANNEX |
|
DEFINED AREA. (a) On receipt of a petition under Section 7803.251, |
|
the board by order shall set a time and place for a hearing on the |
|
petition to be held not less than 30 days after the date of the |
|
order. |
|
(b) Notice of the time and place of the hearing on the |
|
petition must be posted in the district and in the separately |
|
defined area proposed to be annexed for at least 15 days before the |
|
date of the hearing. Notice must also be published one time in a |
|
newspaper with general circulation in the county at least 15 days |
|
before the date of the hearing. |
|
(c) The notice described by Subsection (b) must contain a |
|
description of the separately defined area proposed to be annexed. |
|
(Acts 62nd Leg., R.S., Ch. 135, Sec. 26(a) (part).) |
|
Sec. 7803.253. ORDER ANNEXING DEFINED AREA. (a) The board |
|
by order may designate an area as a separately defined area and |
|
annex the area to the district if, on hearing a petition under |
|
Section 7803.252, the board finds that: |
|
(1) there is a need for improvements for the |
|
conservation and reclamation of the defined area; |
|
(2) the area will benefit from the improvements; and |
|
(3) the improvements will serve a public use and |
|
benefit. |
|
(b) The board does not have to include all of the area |
|
described in the petition if the board finds that a modification of |
|
the area is necessary or desirable. |
|
(c) The order must be entered in the board's minutes and |
|
filed for record in the same manner required for other district |
|
annexations of land. (Acts 62nd Leg., R.S., Ch. 135, Sec. 26(b).) |
|
Sec. 7803.254. ELECTION REQUIRED. (a) Annexation of a |
|
separately defined area is not final until ratified by a majority |
|
vote of the voters in the defined area voting at an election held in |
|
the area. |
|
(b) Section 7803.113 governs notice of an election under |
|
this section. |
|
(c) A separately defined area is a separate election |
|
precinct for an election under this section and all other elections |
|
for the defined area. (Acts 62nd Leg., R.S., Ch. 135, Sec. 26(c).) |
|
Sec. 7803.255. NUMBERING OF DEFINED AREAS. All annexed |
|
separately defined areas shall be numbered in consecutive order. |
|
The first separately defined area shall be designated as "Irving |
|
Flood Control District of Dallas County, Texas - Section II." (Acts |
|
62nd Leg., R.S., Ch. 135, Sec. 26(d).) |
|
Sec. 7803.256. ADMINISTRATION OF DEFINED AREA. (a) The |
|
board shall administer all business incident to any separately |
|
defined area annexed under this subchapter. |
|
(b) Each annexed separately defined area shall pay its pro |
|
rata share of the administrative costs of the district, based on the |
|
assessed valuation of the defined area in relation to the assessed |
|
valuation of the district and any other defined areas annexed to the |
|
district. (Acts 62nd Leg., R.S., Ch. 135, Sec. 26(g) (part).) |
|
Sec. 7803.257. POWERS AND DUTIES OF DEFINED AREA. Except as |
|
otherwise provided by this subchapter, or where in conflict with |
|
this subchapter, an annexed separately defined area has the rights, |
|
duties, restrictions, and provisions of this chapter. (Acts 62nd |
|
Leg., R.S., Ch. 135, Sec. 26(g) (part).) |
|
Sec. 7803.258. TAXATION; GENERAL PROVISIONS. (a) An |
|
annexed separately defined area is a separate tax area for the |
|
payment of all indebtedness incurred for improvements constructed |
|
on authorization of the defined area and for the maintenance of |
|
those improvements. |
|
(b) A separately defined area is liable only for |
|
indebtedness incurred or taxes imposed for improvements and the |
|
maintenance of those improvements authorized by the defined area. |
|
No other part of the district, including another separately defined |
|
area, is liable for the payment of the indebtedness or taxes |
|
described by this subsection. |
|
(c) Taxes in a separately defined area shall be imposed in |
|
the manner provided by Sections 7803.152 and 7803.153. |
|
(d) The provisions authorizing a maintenance tax contained |
|
in Section 49.107, Water Code, apply to a separately defined area. |
|
(Acts 62nd Leg., R.S., Ch. 135, Secs. 26(e) (part), (f) (part).) |
|
Sec. 7803.259. BONDS; GENERAL PROVISIONS. (a) After a |
|
separately defined area is annexed, the board may issue tax bonds |
|
clearly entitled by the designation of the defined area to acquire |
|
money to carry out any district power or accomplish any district |
|
purpose under this chapter for improvements to or for the defined |
|
area. |
|
(b) The board may impose continuing direct annual ad valorem |
|
taxes on all taxable property located solely in the separately |
|
defined area sufficient to: |
|
(1) provide for the payment of interest on bonds |
|
issued under this section as the interest accrues; and |
|
(2) create and provide a sinking fund for the payment |
|
of principal of the bonds as the bonds mature. |
|
(c) The issuance of bonds under this section may be |
|
authorized by a board order. |
|
(d) The district may not issue bonds, other than refunding |
|
bonds, unless the bonds are authorized by a majority vote of the |
|
voters residing in the separately defined area voting in an |
|
election held to determine whether the bonds should be issued and |
|
whether a tax should be imposed on property in the defined area to |
|
pay the principal of and interest on the bonds. The election must |
|
be held in the manner provided by Sections 7803.113 and 7803.204. |
|
(e) The initial bond election for a separately defined area |
|
may be held on the same day as the election to ratify annexation of |
|
the defined area and as part of the order calling the ratification |
|
election. |
|
(f) Subchapter E applies to any bonds issued to provide |
|
improvements to or for any separately defined area in a manner |
|
consistent with this section. (Acts 62nd Leg., R.S., Ch. 135, Sec. |
|
26(f) (part).) |
|
Sec. 7803.260. PRELIMINARY BONDS. Preliminary bonds for a |
|
separately defined area may be issued for the same purposes, under |
|
the same requirements, and of like effect as under Subchapter E. |
|
(Acts 62nd Leg., R.S., Ch. 135, Sec. 26(f) (part).) |
|
CHAPTER 7805. IRVING FLOOD CONTROL DISTRICT SECTION III |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7805.001. DEFINITIONS |
|
Sec. 7805.002. NATURE OF DISTRICT |
|
Sec. 7805.003. DISTRICT TERRITORY |
|
[Sections 7805.004-7805.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7805.051. COMPOSITION OF BOARD; TERM |
|
Sec. 7805.052. QUALIFICATIONS FOR OFFICE |
|
Sec. 7805.053. DIRECTOR'S BOND |
|
[Sections 7805.054-7805.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7805.101. GENERAL DISTRICT POWERS |
|
Sec. 7805.102. CONFLICTS OF LAW |
|
Sec. 7805.103. PROHIBITION OF POLICE AND FIREFIGHTING |
|
FUNCTIONS |
|
[Sections 7805.104-7805.150 reserved for expansion] |
|
SUBCHAPTER D. BONDS AND TAXES |
|
Sec. 7805.151. AUTHORITY TO ISSUE BONDS; TAXES FOR |
|
BONDS |
|
Sec. 7805.152. ASSUMPTION OF INDEBTEDNESS, CONTRACTS |
|
Sec. 7805.153. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES |
|
Sec. 7805.154. REFUNDING BOND ELECTION |
|
Sec. 7805.155. BOND ANTICIPATION NOTES |
|
CHAPTER 7805. IRVING FLOOD CONTROL DISTRICT SECTION III |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7805.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Irving Flood Control District |
|
Section III of Dallas County. (Acts 68th Leg., R.S., Ch. 1073, Sec. |
|
2 (part); New.) |
|
Sec. 7805.002. NATURE OF DISTRICT. (a) The district is |
|
established under Section 59, Article XVI, Texas Constitution, and |
|
Chapter 7803. |
|
(b) The district is a separate and independent conservation |
|
and reclamation district and a political subdivision of this state. |
|
(c) The district is a separately defined area of Irving |
|
Flood Control District Section I. (Acts 68th Leg., R.S., Ch. 1073, |
|
Sec. 1(a).) |
|
Sec. 7805.003. DISTRICT TERRITORY. The district is |
|
composed of the territory located within the redefined boundaries |
|
of the district filed in the deed records of Dallas County, Texas, |
|
on October 1, 1983, as that territory may have been modified under: |
|
(1) Subchapter J, Chapter 49, Water Code; or |
|
(2) other law. (Acts 68th Leg., R.S., Ch. 1073, Sec. 2 |
|
(part); New.) |
|
[Sections 7805.004-7805.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7805.051. COMPOSITION OF BOARD; TERM. (a) The board is |
|
composed of five directors appointed by the city council of the City |
|
of Irving, Texas. |
|
(b) Directors serve staggered two-year terms, with the |
|
terms of two directors expiring on the second Tuesday in January of |
|
each even-numbered year and the terms of three directors expiring |
|
on the second Tuesday in January of each odd-numbered year. (Acts |
|
68th Leg., R.S., Ch. 1073, Secs. 3(a), (b) (part), (c).) |
|
Sec. 7805.052. QUALIFICATIONS FOR OFFICE. A director must |
|
own land in the district or be a resident of the district. (Acts |
|
68th Leg., R.S., Ch. 1073, Sec. 3(b) (part).) |
|
Sec. 7805.053. DIRECTOR'S BOND. As soon as possible after |
|
appointment, each director shall qualify for office and execute a |
|
sufficient bond in the amount of $5,000 that is: |
|
(1) payable to the district; and |
|
(2) conditioned on the faithful performance of the |
|
director's duties. (Acts 68th Leg., R.S., Ch. 1073, Sec. 3(d).) |
|
[Sections 7805.054-7805.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7805.101. GENERAL DISTRICT POWERS. The district has |
|
the rights, powers, purposes, and functions provided by Chapter |
|
7803 of this code and Chapter 49, Water Code. (Acts 68th Leg., |
|
R.S., Ch. 1073, Sec. 1(b) (part); New.) |
|
Sec. 7805.102. CONFLICTS OF LAW. (a) If a provision of |
|
Chapter 7803 is in conflict or inconsistent with this chapter, this |
|
chapter controls. |
|
(b) The provisions of Chapter 7803 not in conflict or |
|
inconsistent with this chapter continue in effect. (Acts 68th Leg., |
|
R.S., Ch. 1073, Secs. 1(b) (part), (c).) |
|
Sec. 7805.103. PROHIBITION OF POLICE AND FIREFIGHTING |
|
FUNCTIONS. The district may not: |
|
(1) engage in any police or firefighting functions; or |
|
(2) spend any district money or issue bonds for any |
|
police or firefighting function. (Acts 68th Leg., R.S., Ch. 1073, |
|
Sec. 8.) |
|
[Sections 7805.104-7805.150 reserved for expansion] |
|
SUBCHAPTER D. BONDS AND TAXES |
|
Sec. 7805.151. AUTHORITY TO ISSUE BONDS; TAXES FOR BONDS. |
|
(a) The district may issue and sell all unissued bonds that have |
|
been authorized at an election held in the district. |
|
(b) The district may impose an ad valorem tax on all taxable |
|
property in the district to pay the principal of and interest on the |
|
bonds. (Acts 68th Leg., R.S., Ch. 1073, Sec. 4(a).) |
|
Sec. 7805.152. ASSUMPTION OF INDEBTEDNESS, CONTRACTS. The |
|
district shall assume and be responsible for all outstanding |
|
indebtedness and existing contracts. (Acts 68th Leg., R.S., Ch. |
|
1073, Sec. 4(b) (part).) |
|
Sec. 7805.153. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES. |
|
The district may impose a maintenance tax that has been previously |
|
authorized at an election held in the district. (Acts 68th Leg., |
|
R.S., Ch. 1073, Sec. 4(b) (part).) |
|
Sec. 7805.154. REFUNDING BOND ELECTION. (a) The district |
|
may refund any outstanding bonds with the approval of district |
|
voters voting at an election held by the district. |
|
(b) The election shall be held as provided by Chapter 7803. |
|
The ballot shall: |
|
(1) be printed to provide for voting for or against the |
|
proposition: "For the issuance of refunding bonds and the levy of |
|
taxes in payment of those bonds."; and |
|
(2) state the maximum interest rate and maturity |
|
applicable to the refunding bonds. |
|
(c) The rate and maturity may exceed the maximum rate and |
|
maturity applicable to any outstanding bonds being refunded. (Acts |
|
68th Leg., R.S., Ch. 1073, Sec. 6.) |
|
Sec. 7805.155. BOND ANTICIPATION NOTES. (a) In addition to |
|
all other methods of acquiring funds for district purposes, the |
|
district may issue bond anticipation notes for any purpose for |
|
which district bonds have been voted or may be issued to refund |
|
outstanding bond anticipation notes and the interest on the notes |
|
being refunded. |
|
(b) The notes may bear interest at any rate not to exceed the |
|
maximum interest rate applicable to the district's authorized |
|
bonds. |
|
(c) The notes shall mature within one year of the date on |
|
which they are issued. |
|
(d) The maximum amount of the notes outstanding at any one |
|
time may not exceed $500,000 without the prior consent of the City |
|
of Irving, Texas. |
|
(e) The district shall pay the notes only from the proceeds |
|
of the sale of bonds by the district. (Acts 68th Leg., R.S., Ch. |
|
1073, Sec. 7.) |
|
SECTION 1.03. Subtitle F, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapters 8308, 8312, 8381, 8387, |
|
8388, 8389, 8391, 8393, 8394, 8395, 8396, 8397, 8398, 8399, 8400, |
|
8401, 8402, 8403, 8404, 8405, 8406, 8407, and 8410 to read as |
|
follows: |
|
CHAPTER 8308. EAST MONTGOMERY COUNTY MUNICIPAL |
|
UTILITY DISTRICT NO. 4 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8308.001. DEFINITIONS |
|
Sec. 8308.002. NATURE OF DISTRICT |
|
Sec. 8308.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8308.004. DISTRICT TERRITORY |
|
[Sections 8308.005-8308.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8308.051. COMPOSITION OF BOARD |
|
[Sections 8308.052-8308.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8308.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8308.102. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCES OR RESOLUTIONS |
|
Sec. 8308.103. UTILITY PROPERTY EXEMPT FROM IMPACT |
|
FEES AND ASSESSMENTS |
|
CHAPTER 8308. EAST MONTGOMERY COUNTY MUNICIPAL |
|
UTILITY DISTRICT NO. 4 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8308.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "District" means the East Montgomery County |
|
Municipal Utility District No. 4. (Acts 78th Leg., R.S., Ch. 882, |
|
Sec. 1.) |
|
Sec. 8308.002. NATURE OF DISTRICT. (a) The district is a |
|
municipal utility district in Montgomery County created under |
|
Section 59, Article XVI, Texas Constitution. |
|
(b) The district is a political subdivision of this state. |
|
(Acts 78th Leg., R.S., Ch. 882, Secs. 2(a) (part), (b), 3(b) |
|
(part).) |
|
Sec. 8308.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under powers conferred by Section 59, Article XVI, Texas |
|
Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
78th Leg., R.S., Ch. 882, Secs. 3(a), (b) (part), (c).) |
|
Sec. 8308.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 882, Acts |
|
of the 78th Legislature, Regular Session, 2003, as that territory |
|
may have been modified under: |
|
(1) Subchapter J, Chapter 49, Water Code; |
|
(2) Subchapter H, Chapter 54, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to impose a tax; or |
|
(3) the legality or operation of the district or the |
|
board. (Acts 78th Leg., R.S., Ch. 882, Sec. 5; New.) |
|
[Sections 8308.005-8308.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8308.051. COMPOSITION OF BOARD. The district is |
|
governed by a board of five directors. (Acts 78th Leg., R.S., Ch. |
|
882, Sec. 7(a).) |
|
[Sections 8308.052-8308.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8308.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, functions, and duties |
|
provided by general law applicable to a municipal utility district |
|
created under Section 59, Article XVI, Texas Constitution, |
|
including Chapters 49 and 54, Water Code. (Acts 78th Leg., R.S., |
|
Ch. 882, Sec. 11.) |
|
Sec. 8308.102. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section |
|
54.016, Water Code, the district shall comply with all applicable |
|
requirements of any ordinance or resolution adopted by a |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the district is located, including an ordinance or |
|
resolution adopted before September 1, 2003, that consents to the |
|
creation of the district or to the inclusion of lands in the |
|
district. (Acts 78th Leg., R.S., Ch. 882, Sec. 13.) |
|
Sec. 8308.103. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
|
ASSESSMENTS. The district may not impose an impact fee or |
|
assessment on the property, including the equipment, |
|
rights-of-way, facilities, or improvements, of: |
|
(1) an electric utility as defined by Section 31.002, |
|
Utilities Code; |
|
(2) a gas utility as defined by Section 101.003 or |
|
121.001, Utilities Code; |
|
(3) a telecommunications provider as defined by |
|
Section 51.002, Utilities Code; or |
|
(4) a cable operator as defined by 47 U.S.C. Section |
|
522, as amended. (Acts 78th Leg., R.S., Ch. 882, Sec. 12.) |
|
CHAPTER 8312. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 387 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8312.001. DEFINITION |
|
Sec. 8312.002. NATURE OF DISTRICT |
|
Sec. 8312.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8312.004. DISTRICT TERRITORY |
|
[Sections 8312.005-8312.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8312.051. COMPOSITION OF BOARD; TERMS |
|
[Sections 8312.052-8312.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8312.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8312.102. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCES OR RESOLUTIONS |
|
Sec. 8312.103. RELOCATING OR ALTERING PROPERTY; COSTS |
|
Sec. 8312.104. UTILITY PROPERTY EXEMPT FROM IMPACT |
|
FEES AND ASSESSMENTS |
|
CHAPTER 8312. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 387 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8312.001. DEFINITION. In this chapter, "district" |
|
means the Harris County Municipal Utility District No. 387. (Acts |
|
77th Leg., R.S., Ch. 1382, Sec. 2.) |
|
Sec. 8312.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County, created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 77th |
|
Leg., R.S., Ch. 1382, Secs. 1(a) (part), (b) (part).) |
|
Sec. 8312.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
77th Leg., R.S., Ch. 1382, Secs. 1(b) (part), 5.) |
|
Sec. 8312.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 1382, |
|
Acts of the 77th Legislature, Regular Session, 2001, as that |
|
territory may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the validity of district bonds, notes, or other |
|
indebtedness; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 77th Leg., R.S., Ch. 1382, Sec. 4; New.) |
|
[Sections 8312.005-8312.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8312.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 77th |
|
Leg., R.S., Ch. 1382, Secs. 8(a), (d).) |
|
[Sections 8312.052-8312.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8312.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, functions, and duties |
|
provided by general law applicable to a municipal utility district |
|
created under Section 59, Article XVI, Texas Constitution, |
|
including Chapters 49, 50, and 54, Water Code. (Acts 77th Leg., |
|
R.S., Ch. 1382, Sec. 6(a) (part).) |
|
Sec. 8312.102. COMPLIANCE WITH MUNICIPAL CONSENT |
|
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section |
|
54.016, Water Code, the district shall comply with all applicable |
|
requirements of any ordinance or resolution adopted by the city |
|
council of the City of Houston, including an ordinance or |
|
resolution adopted before September 1, 2001, that consents to the |
|
creation of the district or to the inclusion of lands in the |
|
district. (Acts 77th Leg., R.S., Ch. 1382, Sec. 12.) |
|
Sec. 8312.103. RELOCATING OR ALTERING PROPERTY; COSTS. (a) |
|
The district may relocate, raise, reroute, change the grade of, or |
|
alter the construction of a highway, railroad, electric |
|
transmission line, telecommunications or other public utility |
|
facility, pipeline, canal, or drainage ditch if considered |
|
necessary by the board of directors. |
|
(b) The district shall pay for any relocation, raising, |
|
rerouting, changing, or altering under this section, unless |
|
otherwise agreed in writing by the interested parties. |
|
(c) If a facility is replaced, the cost of replacement is |
|
limited to an amount equal to the cost of replacing the facility |
|
with a comparable facility, less the replaced facility's net |
|
salvage value. (Acts 77th Leg., R.S., Ch. 1382, Sec. 7.) |
|
Sec. 8312.104. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
|
ASSESSMENTS. The district may not impose an impact fee or |
|
assessment on the property, including the equipment, |
|
rights-of-way, facilities, or improvements, of: |
|
(1) an electric utility or a power generation company |
|
as defined by Section 31.002, Utilities Code; |
|
(2) a gas utility as defined by Section 101.003 or |
|
121.001, Utilities Code; or |
|
(3) a telecommunications provider as defined by |
|
Section 51.002, Utilities Code. (Acts 77th Leg., R.S., Ch. 1382, |
|
Sec. 6(c).) |
|
CHAPTER 8381. NORTH PARK PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8381.001. DEFINITIONS |
|
Sec. 8381.002. NATURE OF DISTRICT |
|
Sec. 8381.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8381.004. DISTRICT TERRITORY |
|
[Sections 8381.005-8381.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8381.051. COMPOSITION OF BOARD |
|
Sec. 8381.052. BOARD VACANCY |
|
[Sections 8381.053-8381.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8381.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8381. NORTH PARK PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8381.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the North Park Public Utility |
|
District. (Acts 62nd Leg., R.S., Ch. 696, Sec. 1 (part); New.) |
|
Sec. 8381.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., |
|
R.S., Ch. 696, Sec. 1 (part).) |
|
Sec. 8381.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
62nd Leg., R.S., Ch. 696, Secs. 1 (part), 3.) |
|
Sec. 8381.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 696, Acts |
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 62nd Leg., R.S., Ch. 696, Sec. 2; New.) |
|
[Sections 8381.005-8381.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8381.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 696, Sec. 6 |
|
(part).) |
|
Sec. 8381.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill all of the vacancies on the board whenever |
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
Leg., R.S., Ch. 696, Sec. 6 (part); New.) |
|
[Sections 8381.053-8381.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8381.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions |
|
conferred by general law applicable to a municipal utility |
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
Leg., R.S., Ch. 696, Sec. 5 (part); New.) |
|
CHAPTER 8387. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8387.001. DEFINITIONS |
|
Sec. 8387.002. NATURE OF DISTRICT |
|
Sec. 8387.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8387.004. DISTRICT TERRITORY |
|
[Sections 8387.005-8387.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8387.051. COMPOSITION OF BOARD |
|
Sec. 8387.052. BOARD VACANCY |
|
[Sections 8387.053-8387.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8387.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8387.102. OPERATION AND MAINTENANCE OF DISTRICT |
|
FACILITIES |
|
CHAPTER 8387. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8387.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Northgate Crossing Municipal |
|
Utility District No. 1. (Acts 69th Leg., R.S., Ch. 947, Sec. 2; |
|
New.) |
|
Sec. 8387.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 69th |
|
Leg., R.S., Ch. 947, Sec. 1 (part).) |
|
Sec. 8387.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district's |
|
boundaries will benefit from the works and projects accomplished by |
|
the district under the powers authorized by Section 59, Article |
|
XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
69th Leg., R.S., Ch. 947, Secs. 1 (part), 3.) |
|
Sec. 8387.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4(a), Chapter 947, |
|
Acts of the 69th Legislature, Regular Session, 1985, as that |
|
territory may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created; |
|
(3) the payment of the principal of and interest on |
|
bonds; |
|
(4) the district's right to impose a tax; or |
|
(5) the legality or operation of the district or its |
|
governing body. (Acts 69th Leg., R.S., Ch. 947, Sec. 4(b); New.) |
|
[Sections 8387.005-8387.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8387.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 69th Leg., R.S., Ch. 947, Sec. |
|
7(e) (part).) |
|
Sec. 8387.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill the vacancies on the board whenever the |
|
number of qualified directors is fewer than three. (Acts 69th Leg., |
|
R.S., Ch. 947, Sec. 7(c) (part); New.) |
|
[Sections 8387.053-8387.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8387.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district may exercise the rights, powers, privileges, and functions |
|
provided by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., |
|
Ch. 947, Sec. 5(a); New.) |
|
Sec. 8387.102. OPERATION AND MAINTENANCE OF DISTRICT |
|
FACILITIES. (a) The district shall operate and maintain any levee, |
|
retainage pond, pump, mitigation channel, or other facility, |
|
improvement, or property that serves property in the district |
|
unless the Harris County Flood Control District undertakes to |
|
operate or maintain the facility, improvement, or property. |
|
(b) If, at the time the district is annexed by a |
|
municipality, the annexing municipality determines not to |
|
undertake to operate or maintain a levee, retainage pond, pump, |
|
mitigation channel, or other facility, improvement, or property |
|
that serves property in the district, the municipality may specify |
|
in the annexation ordinance that the district shall continue to |
|
exist exclusively to: |
|
(1) operate and maintain the levee, retainage pond, |
|
pump, mitigation channel, or other facility, improvement, or |
|
property; and |
|
(2) impose a maintenance tax in the boundaries of the |
|
district, to the extent that a maintenance tax has previously been |
|
authorized. (Acts 69th Leg., R.S., Ch. 947, Secs. 8(a), (b).) |
|
CHAPTER 8388. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 2 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8388.001. DEFINITIONS |
|
Sec. 8388.002. NATURE OF DISTRICT |
|
Sec. 8388.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8388.004. DISTRICT TERRITORY |
|
[Sections 8388.005-8388.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8388.051. COMPOSITION OF BOARD |
|
Sec. 8388.052. BOARD VACANCY |
|
[Sections 8388.053-8388.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8388.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8388.102. OPERATION AND MAINTENANCE OF DISTRICT |
|
FACILITIES |
|
CHAPTER 8388. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 2 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8388.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Northgate Crossing Municipal |
|
Utility District No. 2. (Acts 69th Leg., R.S., Ch. 764, Sec. 2; |
|
New.) |
|
Sec. 8388.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 69th |
|
Leg., R.S., Ch. 764, Sec. 1 (part).) |
|
Sec. 8388.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district's |
|
boundaries will benefit from the works and projects accomplished by |
|
the district under the powers authorized by Section 59, Article |
|
XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
69th Leg., R.S., Ch. 764, Secs. 1 (part), 3.) |
|
Sec. 8388.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4(a), Chapter 764, |
|
Acts of the 69th Legislature, Regular Session, 1985, as that |
|
territory may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created; |
|
(3) the payment of the principal of and interest on |
|
bonds; |
|
(4) the district's right to impose a tax; or |
|
(5) the legality or operation of the district or its |
|
governing body. (Acts 69th Leg., R.S., Ch. 764, Sec. 4(b); New.) |
|
[Sections 8388.005-8388.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8388.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 69th Leg., R.S., Ch. 764, Sec. |
|
7(e) (part).) |
|
Sec. 8388.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill the vacancies on the board whenever the |
|
number of qualified directors is fewer than three. (Acts 69th Leg., |
|
R.S., Ch. 764, Sec. 7(c) (part); New.) |
|
[Sections 8388.053-8388.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8388.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district may exercise the rights, powers, privileges, and functions |
|
provided by general law applicable to a municipal utility district, |
|
including Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., |
|
Ch. 764, Sec. 5(a); New.) |
|
Sec. 8388.102. OPERATION AND MAINTENANCE OF DISTRICT |
|
FACILITIES. (a) The district shall operate and maintain any levee, |
|
retainage pond, pump, mitigation channel, or other facility, |
|
improvement, or property that serves property in the district |
|
unless the Harris County Flood Control District undertakes to |
|
operate or maintain the facility, improvement, or property. |
|
(b) If, at the time the district is annexed by a |
|
municipality, the annexing municipality determines not to |
|
undertake to operate or maintain a levee, retainage pond, pump, |
|
mitigation channel, or other facility, improvement, or property |
|
that serves property in the district, the municipality may specify |
|
in the annexation ordinance that the district shall continue to |
|
exist exclusively to: |
|
(1) operate and maintain the levee, retainage pond, |
|
pump, mitigation channel, or other facility, improvement, or |
|
property; and |
|
(2) impose a maintenance tax in the boundaries of the |
|
district, to the extent that a maintenance tax has previously been |
|
authorized. (Acts 69th Leg., R.S., Ch. 764, Secs. 8(a), (b).) |
|
CHAPTER 8389. NORTHWEST FOREST MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8389.001. DEFINITIONS |
|
Sec. 8389.002. NATURE OF DISTRICT |
|
Sec. 8389.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8389.004. DISTRICT TERRITORY |
|
[Sections 8389.005-8389.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8389.051. COMPOSITION OF BOARD |
|
Sec. 8389.052. BOARD VACANCY |
|
[Sections 8389.053-8389.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8389.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8389. NORTHWEST FOREST MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8389.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Northwest Forest Municipal |
|
Utility District. (Acts 65th Leg., R.S., Ch. 687, Sec. 1 (part); |
|
New.) |
|
Sec. 8389.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Jefferson County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 65th |
|
Leg., R.S., Ch. 687, Sec. 1 (part).) |
|
Sec. 8389.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
65th Leg., R.S., Ch. 687, Secs. 1 (part), 3.) |
|
Sec. 8389.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 687, Acts |
|
of the 65th Legislature, Regular Session, 1977, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 65th Leg., R.S., Ch. 687, Sec. 2; New.) |
|
[Sections 8389.005-8389.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8389.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 65th Leg., R.S., Ch. 687, Sec. |
|
6(b) (part).) |
|
Sec. 8389.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill all of the vacancies on the board whenever |
|
the number of qualified directors is fewer than three. (Acts 65th |
|
Leg., R.S., Ch. 687, Sec. 6(b) (part).) |
|
[Sections 8389.053-8389.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8389.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions |
|
conferred by general law applicable to a municipal utility |
|
district, including Chapters 49 and 54, Water Code. (Acts 65th |
|
Leg., R.S., Ch. 687, Sec. 5 (part); New.) |
|
CHAPTER 8391. OAKMONT PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8391.001. DEFINITIONS |
|
Sec. 8391.002. NATURE OF DISTRICT |
|
Sec. 8391.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8391.004. DISTRICT TERRITORY |
|
[Sections 8391.005-8391.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8391.051. COMPOSITION OF BOARD |
|
Sec. 8391.052. BOARD VACANCY |
|
[Sections 8391.053-8391.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8391.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8391. OAKMONT PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8391.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Oakmont Public Utility |
|
District. (Acts 62nd Leg., R.S., Ch. 625, Sec. 1 (part); New.) |
|
Sec. 8391.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., |
|
R.S., Ch. 625, Sec. 1 (part).) |
|
Sec. 8391.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
62nd Leg., R.S., Ch. 625, Secs. 1 (part), 3.) |
|
Sec. 8391.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 625, Acts |
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 62nd Leg., R.S., Ch. 625, Sec. 2; New.) |
|
[Sections 8391.005-8391.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8391.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 625, Sec. 6 |
|
(part).) |
|
Sec. 8391.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill all of the vacancies on the board whenever |
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
Leg., R.S., Ch. 625, Sec. 6 (part); New.) |
|
[Sections 8391.053-8391.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8391.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions |
|
conferred by general law applicable to a municipal utility |
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
Leg., R.S., Ch. 625, Sec. 5 (part); New.) |
|
CHAPTER 8393. PINE BOUGH PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8393.001. DEFINITIONS |
|
Sec. 8393.002. NATURE OF DISTRICT |
|
Sec. 8393.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8393.004. DISTRICT TERRITORY |
|
[Sections 8393.005-8393.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8393.051. COMPOSITION OF BOARD |
|
Sec. 8393.052. BOARD VACANCY |
|
[Sections 8393.053-8393.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8393.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8393. PINE BOUGH PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8393.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Pine Bough Public Utility |
|
District. (Acts 62nd Leg., R.S., Ch. 247, Sec. 1 (part); New.) |
|
Sec. 8393.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd |
|
Leg., R.S., Ch. 247, Sec. 1 (part).) |
|
Sec. 8393.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
62nd Leg., R.S., Ch. 247, Secs. 1 (part), 3.) |
|
Sec. 8393.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 247, Acts |
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 62nd Leg., R.S., Ch. 247, Sec. 2; New.) |
|
[Sections 8393.005-8393.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8393.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 247, Sec. 6 |
|
(part).) |
|
Sec. 8393.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill all of the vacancies on the board whenever |
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
Leg., R.S., Ch. 247, Sec. 6 (part); New.) |
|
[Sections 8393.053-8393.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8393.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions |
|
conferred by general law applicable to a municipal utility |
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
Leg., R.S., Ch. 247, Sec. 5 (part); New.) |
|
CHAPTER 8394. PINE VILLAGE PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8394.001. DEFINITIONS |
|
Sec. 8394.002. NATURE OF DISTRICT |
|
Sec. 8394.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8394.004. DISTRICT TERRITORY |
|
[Sections 8394.005-8394.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8394.051. COMPOSITION OF BOARD |
|
Sec. 8394.052. BOARD VACANCY |
|
[Sections 8394.053-8394.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8394.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8394. PINE VILLAGE PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8394.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Pine Village Public Utility |
|
District. (Acts 62nd Leg., R.S., Ch. 650, Sec. 1 (part); New.) |
|
Sec. 8394.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd |
|
Leg., R.S., Ch. 650, Sec. 1 (part).) |
|
Sec. 8394.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
62nd Leg., R.S., Ch. 650, Secs. 1 (part), 3.) |
|
Sec. 8394.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 650, Acts |
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 62nd Leg., R.S., Ch. 650, Sec. 2; New.) |
|
[Sections 8394.005-8394.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8394.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 650, Sec. 6 |
|
(part).) |
|
Sec. 8394.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill all of the vacancies on the board whenever |
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
Leg., R.S., Ch. 650, Sec. 6 (part); New.) |
|
[Sections 8394.053-8394.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8394.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions |
|
conferred by general law applicable to a municipal utility |
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
Leg., R.S., Ch. 650, Sec. 5 (part); New.) |
|
CHAPTER 8395. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8395.001. DEFINITIONS |
|
Sec. 8395.002. NATURE OF DISTRICT |
|
Sec. 8395.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8395.004. DISTRICT TERRITORY |
|
Sec. 8395.005. PROHIBITION AGAINST IMPAIRMENT OF |
|
DISTRICT |
|
[Sections 8395.006-8395.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8395.051. COMPOSITION OF BOARD; TERMS |
|
[Sections 8395.052-8395.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8395.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES |
|
[Sections 8395.102-8395.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8395.151. ANNEXATION BY MUNICIPALITY |
|
Sec. 8395.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION |
|
CHAPTER 8395. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8395.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Travis County Municipal |
|
Utility District No. 3. (Acts 74th Leg., R.S., Ch. 791, Sec. 1.02; |
|
New.) |
|
Sec. 8395.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Travis County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 1.01(a) (part), (b) (part).) |
|
Sec. 8395.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
74th Leg., R.S., Ch. 791, Secs. 1.01(b) (part), 1.05.) |
|
Sec. 8395.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 1.03, Chapter 791, |
|
Acts of the 74th Legislature, Regular Session, 1995, as that |
|
territory may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to impose a tax; or |
|
(3) the legality or operation of the district or its |
|
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 1.04; New.) |
|
Sec. 8395.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. |
|
A municipality in whose extraterritorial jurisdiction the district |
|
is located may not take any action, including passing an ordinance |
|
or resolution, that: |
|
(1) impairs the district's ability to exercise the |
|
district's powers under this chapter; or |
|
(2) limits the district's ability to finance, |
|
construct, or operate the district's water, wastewater, or drainage |
|
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 1.11.) |
|
[Sections 8395.006-8395.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8395.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 1.07(a), (d).) |
|
[Sections 8395.052-8395.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8395.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by general law applicable to a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution, including Chapters 49, 50, and 54, Water Code. |
|
(Acts 74th Leg., R.S., Ch. 791, Sec. 1.06(a) (part).) |
|
[Sections 8395.102-8395.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8395.151. ANNEXATION BY MUNICIPALITY. A municipality |
|
may annex the district on the earlier of: |
|
(1) the installation of 90 percent of all works, |
|
improvements, facilities, plants, equipment, and appliances |
|
necessary and adequate to: |
|
(A) provide service to the proposed development |
|
within the district; |
|
(B) accomplish the purposes for which the |
|
district was created; and |
|
(C) exercise the powers provided by general law |
|
and this chapter; or |
|
(2) the 20th anniversary of the date the district was |
|
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 1.12.) |
|
Sec. 8395.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If |
|
a municipality in whose extraterritorial jurisdiction the district |
|
is located annexes the district for full or limited purposes and the |
|
annexation precludes or impairs the ability of the district to |
|
issue bonds, the municipality shall: |
|
(1) simultaneously with the annexation, pay in cash to |
|
the landowner or developer of the district a sum equal to all actual |
|
costs and expenses incurred by the landowner or developer in |
|
connection with the district that: |
|
(A) the district has agreed in writing to pay; |
|
and |
|
(B) would otherwise have been eligible for |
|
reimbursement from bond proceeds under the rules and requirements |
|
of the commission as those rules and requirements exist on the date |
|
of annexation; and |
|
(2) after the annexation, install all necessary water, |
|
wastewater, and drainage facilities to serve full buildout of |
|
development within the district. (Acts 74th Leg., R.S., Ch. 791, |
|
Sec. 1.13.) |
|
CHAPTER 8396. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8396.001. DEFINITIONS |
|
Sec. 8396.002. NATURE OF DISTRICT |
|
Sec. 8396.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8396.004. DISTRICT TERRITORY |
|
Sec. 8396.005. PROHIBITION AGAINST IMPAIRMENT OF |
|
DISTRICT |
|
[Sections 8396.006-8396.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8396.051. COMPOSITION OF BOARD; TERMS |
|
[Sections 8396.052-8396.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8396.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES |
|
[Sections 8396.102-8396.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8396.151. ANNEXATION BY MUNICIPALITY |
|
Sec. 8396.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION |
|
CHAPTER 8396. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8396.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Travis County Municipal |
|
Utility District No. 4. (Acts 74th Leg., R.S., Ch. 791, Sec. 2.02; |
|
New.) |
|
Sec. 8396.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Travis County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 2.01(a) (part), (b) (part).) |
|
Sec. 8396.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
74th Leg., R.S., Ch. 791, Secs. 2.01(b) (part), 2.05.) |
|
Sec. 8396.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 2.03, Chapter 791, |
|
Acts of the 74th Legislature, Regular Session, 1995, as that |
|
territory may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to impose a tax; or |
|
(3) the legality or operation of the district or its |
|
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 2.04; New.) |
|
Sec. 8396.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. |
|
A municipality in whose extraterritorial jurisdiction the district |
|
is located may not take any action, including passing an ordinance |
|
or resolution, that: |
|
(1) impairs the district's ability to exercise the |
|
district's powers under this chapter; or |
|
(2) limits the district's ability to finance, |
|
construct, or operate the district's water, wastewater, or drainage |
|
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 2.11.) |
|
[Sections 8396.006-8396.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8396.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 2.07(a), (d).) |
|
[Sections 8396.052-8396.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8396.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by general law applicable to a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution, including Chapters 49, 50, and 54, Water Code. |
|
(Acts 74th Leg., R.S., Ch. 791, Sec. 2.06(a) (part).) |
|
[Sections 8396.102-8396.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8396.151. ANNEXATION BY MUNICIPALITY. A municipality |
|
may annex the district on the earlier of: |
|
(1) the installation of 90 percent of all works, |
|
improvements, facilities, plants, equipment, and appliances |
|
necessary and adequate to: |
|
(A) provide service to the proposed development |
|
within the district; |
|
(B) accomplish the purposes for which the |
|
district was created; and |
|
(C) exercise the powers provided by general law |
|
and this chapter; or |
|
(2) the 20th anniversary of the date the district was |
|
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 2.12.) |
|
Sec. 8396.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If |
|
a municipality in whose extraterritorial jurisdiction the district |
|
is located annexes the district for full or limited purposes and the |
|
annexation precludes or impairs the ability of the district to |
|
issue bonds, the municipality shall: |
|
(1) simultaneously with the annexation, pay in cash to |
|
the landowner or developer of the district a sum equal to all actual |
|
costs and expenses incurred by the landowner or developer in |
|
connection with the district that: |
|
(A) the district has agreed in writing to pay; |
|
and |
|
(B) would otherwise have been eligible for |
|
reimbursement from bond proceeds under the rules and requirements |
|
of the commission as those rules and requirements exist on the date |
|
of annexation; and |
|
(2) after the annexation, install all necessary water, |
|
wastewater, and drainage facilities to serve full buildout of |
|
development within the district. (Acts 74th Leg., R.S., Ch. 791, |
|
Sec. 2.13.) |
|
CHAPTER 8397. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8397.001. DEFINITIONS |
|
Sec. 8397.002. NATURE OF DISTRICT |
|
Sec. 8397.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8397.004. DISTRICT TERRITORY |
|
Sec. 8397.005. PROHIBITION AGAINST IMPAIRMENT OF |
|
DISTRICT |
|
[Sections 8397.006-8397.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8397.051. COMPOSITION OF BOARD; TERMS |
|
[Sections 8397.052-8397.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8397.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES |
|
[Sections 8397.102-8397.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8397.151. ANNEXATION BY MUNICIPALITY |
|
Sec. 8397.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION |
|
CHAPTER 8397. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8397.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Travis County Municipal |
|
Utility District No. 5. (Acts 74th Leg., R.S., Ch. 791, Sec. 3.02; |
|
New.) |
|
Sec. 8397.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Travis County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 3.01(a) (part), (b) (part).) |
|
Sec. 8397.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
74th Leg., R.S., Ch. 791, Secs. 3.01(b) (part), 3.05.) |
|
Sec. 8397.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3.03, Chapter 791, |
|
Acts of the 74th Legislature, Regular Session, 1995, as that |
|
territory may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to impose a tax; or |
|
(3) the legality or operation of the district or its |
|
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 3.04; New.) |
|
Sec. 8397.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. |
|
A municipality in whose extraterritorial jurisdiction the district |
|
is located may not take any action, including passing an ordinance |
|
or resolution, that: |
|
(1) impairs the district's ability to exercise the |
|
district's powers under this chapter; or |
|
(2) limits the district's ability to finance, |
|
construct, or operate the district's water, wastewater, or drainage |
|
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 3.11.) |
|
[Sections 8397.006-8397.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8397.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 3.07(a), (d).) |
|
[Sections 8397.052-8397.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8397.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by general law applicable to a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution, including Chapters 49, 50, and 54, Water Code. |
|
(Acts 74th Leg., R.S., Ch. 791, Sec. 3.06(a) (part).) |
|
[Sections 8397.102-8397.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8397.151. ANNEXATION BY MUNICIPALITY. A municipality |
|
may annex the district on the earlier of: |
|
(1) the installation of 90 percent of all works, |
|
improvements, facilities, plants, equipment, and appliances |
|
necessary and adequate to: |
|
(A) provide service to the proposed development |
|
within the district; |
|
(B) accomplish the purposes for which the |
|
district was created; and |
|
(C) exercise the powers provided by general law |
|
and this chapter; or |
|
(2) the 20th anniversary of the date the district was |
|
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 3.12.) |
|
Sec. 8397.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If |
|
a municipality in whose extraterritorial jurisdiction the district |
|
is located annexes the district for full or limited purposes and the |
|
annexation precludes or impairs the ability of the district to |
|
issue bonds, the municipality shall: |
|
(1) simultaneously with the annexation, pay in cash to |
|
the landowner or developer of the district a sum equal to all actual |
|
costs and expenses incurred by the landowner or developer in |
|
connection with the district that: |
|
(A) the district has agreed in writing to pay; |
|
and |
|
(B) would otherwise have been eligible for |
|
reimbursement from bond proceeds under the rules and requirements |
|
of the commission as those rules and requirements exist on the date |
|
of annexation; and |
|
(2) after the annexation, install all necessary water, |
|
wastewater, and drainage facilities to serve full buildout of |
|
development within the district. (Acts 74th Leg., R.S., Ch. 791, |
|
Sec. 3.13.) |
|
CHAPTER 8398. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8398.001. DEFINITIONS |
|
Sec. 8398.002. NATURE OF DISTRICT |
|
Sec. 8398.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8398.004. DISTRICT TERRITORY |
|
Sec. 8398.005. PROHIBITION AGAINST IMPAIRMENT OF |
|
DISTRICT |
|
[Sections 8398.006-8398.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8398.051. COMPOSITION OF BOARD; TERMS |
|
[Sections 8398.052-8398.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8398.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES |
|
[Sections 8398.102-8398.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8398.151. ANNEXATION BY MUNICIPALITY |
|
Sec. 8398.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION |
|
CHAPTER 8398. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8398.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Travis County Municipal |
|
Utility District No. 6. (Acts 74th Leg., R.S., Ch. 791, Sec. 4.02; |
|
New.) |
|
Sec. 8398.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Travis County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 4.01(a) (part), (b) (part).) |
|
Sec. 8398.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
74th Leg., R.S., Ch. 791, Secs. 4.01(b) (part), 4.05.) |
|
Sec. 8398.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4.03, Chapter 791, |
|
Acts of the 74th Legislature, Regular Session, 1995, as that |
|
territory may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to impose a tax; or |
|
(3) the legality or operation of the district or its |
|
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 4.04; New.) |
|
Sec. 8398.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. |
|
A municipality in whose extraterritorial jurisdiction the district |
|
is located may not take any action, including passing an ordinance |
|
or resolution, that: |
|
(1) impairs the district's ability to exercise the |
|
district's powers under this chapter; or |
|
(2) limits the district's ability to finance, |
|
construct, or operate the district's water, wastewater, or drainage |
|
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 4.11.) |
|
[Sections 8398.006-8398.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8398.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 4.07(a), (d).) |
|
[Sections 8398.052-8398.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8398.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by general law applicable to a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution, including Chapters 49, 50, and 54, Water Code. |
|
(Acts 74th Leg., R.S., Ch. 791, Sec. 4.06(a) (part).) |
|
[Sections 8398.102-8398.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8398.151. ANNEXATION BY MUNICIPALITY. A municipality |
|
may annex the district on the earlier of: |
|
(1) the installation of 90 percent of all works, |
|
improvements, facilities, plants, equipment, and appliances |
|
necessary and adequate to: |
|
(A) provide service to the proposed development |
|
within the district; |
|
(B) accomplish the purposes for which the |
|
district was created; and |
|
(C) exercise the powers provided by general law |
|
and this chapter; or |
|
(2) the 20th anniversary of the date the district was |
|
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 4.12.) |
|
Sec. 8398.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If |
|
a municipality in whose extraterritorial jurisdiction the district |
|
is located annexes the district for full or limited purposes and the |
|
annexation precludes or impairs the ability of the district to |
|
issue bonds, the municipality shall: |
|
(1) simultaneously with the annexation, pay in cash to |
|
the landowner or developer of the district a sum equal to all actual |
|
costs and expenses incurred by the landowner or developer in |
|
connection with the district that: |
|
(A) the district has agreed in writing to pay; |
|
and |
|
(B) would otherwise have been eligible for |
|
reimbursement from bond proceeds under the rules and requirements |
|
of the commission as those rules and requirements exist on the date |
|
of annexation; and |
|
(2) after the annexation, install all necessary water, |
|
wastewater, and drainage facilities to serve full buildout of |
|
development within the district. (Acts 74th Leg., R.S., Ch. 791, |
|
Sec. 4.13.) |
|
CHAPTER 8399. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8399.001. DEFINITIONS |
|
Sec. 8399.002. NATURE OF DISTRICT |
|
Sec. 8399.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8399.004. DISTRICT TERRITORY |
|
Sec. 8399.005. PROHIBITION AGAINST IMPAIRMENT OF |
|
DISTRICT |
|
[Sections 8399.006-8399.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8399.051. COMPOSITION OF BOARD; TERMS |
|
[Sections 8399.052-8399.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8399.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES |
|
[Sections 8399.102-8399.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8399.151. ANNEXATION BY MUNICIPALITY |
|
Sec. 8399.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION |
|
CHAPTER 8399. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8399.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Travis County Municipal |
|
Utility District No. 7. (Acts 74th Leg., R.S., Ch. 791, Sec. 5.02; |
|
New.) |
|
Sec. 8399.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Travis County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 5.01(a) (part), (b) (part).) |
|
Sec. 8399.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
74th Leg., R.S., Ch. 791, Secs. 5.01(b) (part), 5.05.) |
|
Sec. 8399.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 5.03, Chapter 791, |
|
Acts of the 74th Legislature, Regular Session, 1995, as that |
|
territory may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to impose a tax; or |
|
(3) the legality or operation of the district or its |
|
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 5.04; New.) |
|
Sec. 8399.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. |
|
A municipality in whose extraterritorial jurisdiction the district |
|
is located may not take any action, including passing an ordinance |
|
or resolution, that: |
|
(1) impairs the district's ability to exercise the |
|
district's powers under this chapter; or |
|
(2) limits the district's ability to finance, |
|
construct, or operate the district's water, wastewater, or drainage |
|
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 5.11.) |
|
[Sections 8399.006-8399.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8399.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 5.07(a), (d).) |
|
[Sections 8399.052-8399.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8399.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by general law applicable to a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution, including Chapters 49, 50, and 54, Water Code. |
|
(Acts 74th Leg., R.S., Ch. 791, Sec. 5.06(a) (part).) |
|
[Sections 8399.102-8399.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8399.151. ANNEXATION BY MUNICIPALITY. A municipality |
|
may annex the district on the earlier of: |
|
(1) the installation of 90 percent of all works, |
|
improvements, facilities, plants, equipment, and appliances |
|
necessary and adequate to: |
|
(A) provide service to the proposed development |
|
within the district; |
|
(B) accomplish the purposes for which the |
|
district was created; and |
|
(C) exercise the powers provided by general law |
|
and this chapter; or |
|
(2) the 20th anniversary of the date the district was |
|
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 5.12.) |
|
Sec. 8399.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If |
|
a municipality in whose extraterritorial jurisdiction the district |
|
is located annexes the district for full or limited purposes and the |
|
annexation precludes or impairs the ability of the district to |
|
issue bonds, the municipality shall: |
|
(1) simultaneously with the annexation, pay in cash to |
|
the landowner or developer of the district a sum equal to all actual |
|
costs and expenses incurred by the landowner or developer in |
|
connection with the district that: |
|
(A) the district has agreed in writing to pay; |
|
and |
|
(B) would otherwise have been eligible for |
|
reimbursement from bond proceeds under the rules and requirements |
|
of the commission as those rules and requirements exist on the date |
|
of annexation; and |
|
(2) after the annexation, install all necessary water, |
|
wastewater, and drainage facilities to serve full buildout of |
|
development within the district. (Acts 74th Leg., R.S., Ch. 791, |
|
Sec. 5.13.) |
|
CHAPTER 8400. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 8 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8400.001. DEFINITIONS |
|
Sec. 8400.002. NATURE OF DISTRICT |
|
Sec. 8400.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8400.004. DISTRICT TERRITORY |
|
Sec. 8400.005. PROHIBITION AGAINST IMPAIRMENT OF |
|
DISTRICT |
|
[Sections 8400.006-8400.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8400.051. COMPOSITION OF BOARD; TERMS |
|
[Sections 8400.052-8400.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8400.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES |
|
[Sections 8400.102-8400.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8400.151. ANNEXATION BY MUNICIPALITY |
|
Sec. 8400.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION |
|
CHAPTER 8400. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 8 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8400.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Travis County Municipal |
|
Utility District No. 8. (Acts 74th Leg., R.S., Ch. 791, Sec. 6.02; |
|
New.) |
|
Sec. 8400.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Travis County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 6.01(a) (part), (b) (part).) |
|
Sec. 8400.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
74th Leg., R.S., Ch. 791, Secs. 6.01(b) (part), 6.05.) |
|
Sec. 8400.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 6.03, Chapter 791, |
|
Acts of the 74th Legislature, Regular Session, 1995, as that |
|
territory may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to impose a tax; or |
|
(3) the legality or operation of the district or its |
|
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 6.04; New.) |
|
Sec. 8400.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. |
|
A municipality in whose extraterritorial jurisdiction the district |
|
is located may not take any action, including passing an ordinance |
|
or resolution, that: |
|
(1) impairs the district's ability to exercise the |
|
district's powers under this chapter; or |
|
(2) limits the district's ability to finance, |
|
construct, or operate the district's water, wastewater, or drainage |
|
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 6.11.) |
|
[Sections 8400.006-8400.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8400.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 6.07(a), (d).) |
|
[Sections 8400.052-8400.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8400.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by general law applicable to a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution, including Chapters 49, 50, and 54, Water Code. |
|
(Acts 74th Leg., R.S., Ch. 791, Sec. 6.06(a) (part).) |
|
[Sections 8400.102-8400.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8400.151. ANNEXATION BY MUNICIPALITY. A municipality |
|
may annex the district on the earlier of: |
|
(1) the installation of 90 percent of all works, |
|
improvements, facilities, plants, equipment, and appliances |
|
necessary and adequate to: |
|
(A) provide service to the proposed development |
|
within the district; |
|
(B) accomplish the purposes for which the |
|
district was created; and |
|
(C) exercise the powers provided by general law |
|
and this chapter; or |
|
(2) the 20th anniversary of the date the district was |
|
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 6.12.) |
|
Sec. 8400.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If |
|
a municipality in whose extraterritorial jurisdiction the district |
|
is located annexes the district for full or limited purposes and the |
|
annexation precludes or impairs the ability of the district to |
|
issue bonds, the municipality shall: |
|
(1) simultaneously with the annexation, pay in cash to |
|
the landowner or developer of the district a sum equal to all actual |
|
costs and expenses incurred by the landowner or developer in |
|
connection with the district that: |
|
(A) the district has agreed in writing to pay; |
|
and |
|
(B) would otherwise have been eligible for |
|
reimbursement from bond proceeds under the rules and requirements |
|
of the commission as those rules and requirements exist on the date |
|
of annexation; and |
|
(2) after the annexation, install all necessary water, |
|
wastewater, and drainage facilities to serve full buildout of |
|
development within the district. (Acts 74th Leg., R.S., Ch. 791, |
|
Sec. 6.13.) |
|
CHAPTER 8401. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8401.001. DEFINITIONS |
|
Sec. 8401.002. NATURE OF DISTRICT |
|
Sec. 8401.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8401.004. DISTRICT TERRITORY |
|
Sec. 8401.005. PROHIBITION AGAINST IMPAIRMENT OF |
|
DISTRICT |
|
[Sections 8401.006-8401.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8401.051. COMPOSITION OF BOARD; TERMS |
|
[Sections 8401.052-8401.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8401.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES |
|
[Sections 8401.102-8401.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8401.151. ANNEXATION BY MUNICIPALITY |
|
Sec. 8401.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION |
|
CHAPTER 8401. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8401.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a member of the board. |
|
(4) "District" means the Travis County Municipal |
|
Utility District No. 9. (Acts 74th Leg., R.S., Ch. 791, Sec. 7.02; |
|
New.) |
|
Sec. 8401.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Travis County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 74th Leg., |
|
R.S., Ch. 791, Secs. 7.01(a) (part), (b) (part).) |
|
Sec. 8401.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
74th Leg., R.S., Ch. 791, Secs. 7.01(b) (part), 7.05.) |
|
Sec. 8401.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 7.03, Chapter 791, |
|
Acts of the 74th Legislature, Regular Session, 1995, as that |
|
territory may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to impose a tax; or |
|
(3) the legality or operation of the district or its |
|
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 7.04; New.) |
|
Sec. 8401.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. |
|
A municipality in whose extraterritorial jurisdiction the district |
|
is located may not take any action, including passing an ordinance |
|
or resolution, that: |
|
(1) impairs the district's ability to exercise the |
|
district's powers under this chapter; or |
|
(2) limits the district's ability to finance, |
|
construct, or operate the district's water, wastewater, or drainage |
|
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 7.11.) |
|
[Sections 8401.006-8401.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8401.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 74th |
|
Leg., R.S., Ch. 791, Secs. 7.07(a), (d).) |
|
[Sections 8401.052-8401.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8401.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the rights, powers, privileges, functions, |
|
and duties provided by general law applicable to a municipal |
|
utility district created under Section 59, Article XVI, Texas |
|
Constitution, including Chapters 49, 50, and 54, Water Code. (Acts |
|
74th Leg., R.S., Ch. 791, Sec. 7.06(a) (part).) |
|
[Sections 8401.102-8401.150 reserved for expansion] |
|
SUBCHAPTER D. MUNICIPAL ANNEXATION |
|
Sec. 8401.151. ANNEXATION BY MUNICIPALITY. A municipality |
|
may annex the district on the earlier of: |
|
(1) the installation of 90 percent of all works, |
|
improvements, facilities, plants, equipment, and appliances |
|
necessary and adequate to: |
|
(A) provide service to the proposed development |
|
within the district; |
|
(B) accomplish the purposes for which the |
|
district was created; and |
|
(C) exercise the powers provided by general law |
|
and this chapter; or |
|
(2) the 20th anniversary of the date the district was |
|
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 7.12.) |
|
Sec. 8401.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If |
|
a municipality in whose extraterritorial jurisdiction the district |
|
is located annexes the district for full or limited purposes and the |
|
annexation precludes or impairs the ability of the district to |
|
issue bonds, the municipality shall: |
|
(1) simultaneously with the annexation, pay in cash to |
|
the landowner or developer of the district a sum equal to all actual |
|
costs and expenses incurred by the landowner or developer in |
|
connection with the district that: |
|
(A) the district has agreed in writing to pay; |
|
and |
|
(B) would otherwise have been eligible for |
|
reimbursement from bond proceeds under the rules and requirements |
|
of the commission as those rules and requirements exist on the date |
|
of annexation; and |
|
(2) after the annexation, install all necessary water, |
|
wastewater, and drainage facilities to serve full buildout of |
|
development within the district. (Acts 74th Leg., R.S., Ch. 791, |
|
Sec. 7.13.) |
|
CHAPTER 8402. ROLLING CREEK UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8402.001. DEFINITIONS |
|
Sec. 8402.002. NATURE OF DISTRICT |
|
Sec. 8402.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8402.004. DISTRICT TERRITORY |
|
[Sections 8402.005-8402.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8402.051. COMPOSITION OF BOARD |
|
Sec. 8402.052. BOARD VACANCY |
|
[Sections 8402.053-8402.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8402.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8402. ROLLING CREEK UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8402.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Rolling Creek Utility |
|
District. (Acts 62nd Leg., R.S., Ch. 662, Sec. 1 (part); New.) |
|
Sec. 8402.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd |
|
Leg., R.S., Ch. 662, Sec. 1 (part).) |
|
Sec. 8402.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
62nd Leg., R.S., Ch. 662, Secs. 1 (part), 3.) |
|
Sec. 8402.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 662, Acts |
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 62nd Leg., R.S., Ch. 662, Sec. 2; New.) |
|
[Sections 8402.005-8402.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8402.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 662, Sec. 6 |
|
(part).) |
|
Sec. 8402.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill all of the vacancies on the board whenever |
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
Leg., R.S., Ch. 662, Sec. 6 (part); New.) |
|
[Sections 8402.053-8402.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8402.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions |
|
conferred by general law applicable to a municipal utility |
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
Leg., R.S., Ch. 662, Sec. 5 (part); New.) |
|
CHAPTER 8403. ROLLING FORK PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8403.001. DEFINITIONS |
|
Sec. 8403.002. NATURE OF DISTRICT |
|
Sec. 8403.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8403.004. DISTRICT TERRITORY |
|
[Sections 8403.005-8403.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8403.051. COMPOSITION OF BOARD |
|
Sec. 8403.052. BOARD VACANCY |
|
[Sections 8403.053-8403.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8403.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8403. ROLLING FORK PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8403.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Rolling Fork Public Utility |
|
District. (Acts 62nd Leg., R.S., Ch. 689, Sec. 1 (part); New.) |
|
Sec. 8403.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., |
|
R.S., Ch. 689, Sec. 1 (part).) |
|
Sec. 8403.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
62nd Leg., R.S., Ch. 689, Secs. 1 (part), 3.) |
|
Sec. 8403.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 689, Acts |
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 62nd Leg., R.S., Ch. 689, Sec. 2; New.) |
|
[Sections 8403.005-8403.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8403.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 689, Sec. 6 |
|
(part).) |
|
Sec. 8403.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill all of the vacancies on the board whenever |
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
Leg., R.S., Ch. 689, Sec. 6 (part); New.) |
|
[Sections 8403.053-8403.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8403.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions |
|
conferred by general law applicable to a municipal utility |
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
Leg., R.S., Ch. 689, Sec. 5 (part); New.) |
|
CHAPTER 8404. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8404.001. DEFINITIONS |
|
Sec. 8404.002. NATURE OF DISTRICT |
|
Sec. 8404.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8404.004. DISTRICT TERRITORY |
|
[Sections 8404.005-8404.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8404.051. COMPOSITION OF BOARD |
|
Sec. 8404.052. BOARD VACANCY |
|
[Sections 8404.053-8404.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8404.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8404. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8404.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Roman Forest Public Utility |
|
District No. 3. (Acts 62nd Leg., R.S., Ch. 668, Sec. 1 (part); New.) |
|
Sec. 8404.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Montgomery County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., |
|
R.S., Ch. 668, Sec. 1 (part).) |
|
Sec. 8404.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
62nd Leg., R.S., Ch. 668, Secs. 1 (part), 3.) |
|
Sec. 8404.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 668, Acts |
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 62nd Leg., R.S., Ch. 668, Sec. 2; New.) |
|
[Sections 8404.005-8404.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8404.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 668, Sec. 6 |
|
(part).) |
|
Sec. 8404.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill all of the vacancies on the board whenever |
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
Leg., R.S., Ch. 668, Sec. 6 (part); New.) |
|
[Sections 8404.053-8404.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8404.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions |
|
conferred by general law applicable to a municipal utility |
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd Leg., R.S., Ch. 668, Sec. 5 (part); New.) |
|
|
|
CHAPTER 8405. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 4 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8405.001. DEFINITIONS |
|
Sec. 8405.002. NATURE OF DISTRICT |
|
Sec. 8405.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8405.004. DISTRICT TERRITORY |
|
[Sections 8405.005-8405.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8405.051. COMPOSITION OF BOARD |
|
Sec. 8405.052. BOARD VACANCY |
|
[Sections 8405.053-8405.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8405.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8405. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 4 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8405.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Roman Forest Public Utility |
|
District No. 4. (Acts 62nd Leg., R.S., Ch. 669, Sec. 1 (part); New.) |
|
Sec. 8405.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Montgomery County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., |
|
R.S., Ch. 669, Sec. 1 (part).) |
|
Sec. 8405.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
62nd Leg., R.S., Ch. 669, Secs. 1 (part), 3.) |
|
Sec. 8405.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 669, Acts |
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 62nd Leg., R.S., Ch. 669, Sec. 2; New.) |
|
[Sections 8405.005-8405.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8405.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 669, Sec. 6 |
|
(part).) |
|
Sec. 8405.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill all of the vacancies on the board whenever |
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
Leg., R.S., Ch. 669, Sec. 6 (part); New.) |
|
[Sections 8405.053-8405.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8405.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions |
|
conferred by general law applicable to a municipal utility |
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
Leg., R.S., Ch. 669, Sec. 5 (part); New.) |
|
CHAPTER 8406. SPRING CREEK FOREST PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8406.001. DEFINITIONS |
|
Sec. 8406.002. NATURE OF DISTRICT |
|
Sec. 8406.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8406.004. DISTRICT TERRITORY |
|
[Sections 8406.005-8406.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8406.051. COMPOSITION OF BOARD |
|
Sec. 8406.052. BOARD VACANCY |
|
[Sections 8406.053-8406.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8406.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8406. SPRING CREEK FOREST PUBLIC UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8406.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Spring Creek Forest Public |
|
Utility District. (Acts 62nd Leg., R.S., Ch. 630, Sec. 1 (part); |
|
New.) |
|
Sec. 8406.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., |
|
R.S., Ch. 630, Sec. 1 (part).) |
|
Sec. 8406.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
62nd Leg., R.S., Ch. 630, Secs. 1 (part), 3.) |
|
Sec. 8406.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 630, Acts |
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 62nd Leg., R.S., Ch. 630, Sec. 2; New.) |
|
[Sections 8406.005-8406.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8406.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 630, Sec. 6 |
|
(part).) |
|
Sec. 8406.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill all of the vacancies on the board whenever |
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
Leg., R.S., Ch. 630, Sec. 6 (part); New.) |
|
[Sections 8406.053-8406.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8406.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions |
|
conferred by general law applicable to a municipal utility |
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd Leg., R.S., Ch. 630, Sec. 5 (part); New.) |
|
|
|
CHAPTER 8407. SPRING CREEK UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8407.001. DEFINITIONS |
|
Sec. 8407.002. NATURE OF DISTRICT |
|
Sec. 8407.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8407.004. DISTRICT TERRITORY |
|
[Sections 8407.005-8407.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8407.051. COMPOSITION OF BOARD |
|
Sec. 8407.052. BOARD VACANCY |
|
[Sections 8407.053-8407.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8407.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
CHAPTER 8407. SPRING CREEK UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8407.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Spring Creek Utility |
|
District. (Acts 62nd Leg., R.S., Ch. 682, Sec. 1 (part); New.) |
|
Sec. 8407.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Montgomery County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 62nd |
|
Leg., R.S., Ch. 682, Sec. 1 (part).) |
|
Sec. 8407.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
62nd Leg., R.S., Ch. 682, Secs. 1 (part), 3.) |
|
Sec. 8407.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 682, Acts |
|
of the 62nd Legislature, Regular Session, 1971, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 62nd Leg., R.S., Ch. 682, Sec. 2; New.) |
|
[Sections 8407.005-8407.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8407.051. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 62nd Leg., R.S., Ch. 682, Sec. 6 |
|
(part).) |
|
Sec. 8407.052. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The Texas Commission on Environmental Quality shall |
|
appoint directors to fill all of the vacancies on the board whenever |
|
the number of qualified directors is fewer than three. (Acts 62nd |
|
Leg., R.S., Ch. 682, Sec. 6 (part); New.) |
|
[Sections 8407.053-8407.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8407.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions |
|
conferred by general law applicable to a municipal utility |
|
district, including Chapters 49 and 54, Water Code. (Acts 62nd |
|
Leg., R.S., Ch. 682, Sec. 5 (part); New.) |
|
CHAPTER 8410. QUAIL CREEK MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8410.001. DEFINITIONS |
|
Sec. 8410.002. NATURE OF DISTRICT |
|
Sec. 8410.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 8410.004. DISTRICT TERRITORY |
|
[Sections 8410.005-8410.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8410.051. COMPOSITION OF BOARD; TERMS |
|
[Sections 8410.052-8410.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8410.101. MUNICIPAL UTILITY DISTRICT POWERS |
|
Sec. 8410.102. WATER CONSERVATION PROGRAM |
|
CHAPTER 8410. QUAIL CREEK MUNICIPAL UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8410.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Quail Creek Municipal Utility |
|
District. (New.) |
|
Sec. 8410.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district created under Section 59, |
|
Article XVI, Texas Constitution. (Acts 69th Leg., R.S., Ch. 865, |
|
Sec. 1 (part).) |
|
Sec. 8410.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the authority granted by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
69th Leg., R.S., Ch. 865, Secs. 2, 5.) |
|
Sec. 8410.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 865, Acts |
|
of the 69th Legislature, Regular Session, 1985, as that territory |
|
may have been modified under: |
|
(1) Subchapter H, Chapter 54, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in copying the field notes in the legislative |
|
process or another mistake in the field notes does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue bonds for a purpose |
|
for which the district was created or to pay the principal of and |
|
interest on the bonds; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or the |
|
board. (Acts 69th Leg., R.S., Ch. 865, Sec. 4; New.) |
|
[Sections 8410.005-8410.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8410.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five elected directors. |
|
(b) Directors serve staggered four-year terms. (Acts 69th |
|
Leg., R.S., Ch. 865, Secs. 10(b) (part), (c).) |
|
[Sections 8410.052-8410.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8410.101. MUNICIPAL UTILITY DISTRICT POWERS. The |
|
district has the rights, powers, privileges, and functions provided |
|
by general law applicable to a municipal utility district created |
|
under Section 59, Article XVI, Texas Constitution, including |
|
Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 865, |
|
Sec. 6 (part); New.) |
|
Sec. 8410.102. WATER CONSERVATION PROGRAM. (a) In this |
|
section, "program of water conservation" means the practices, |
|
techniques, and technologies that will reduce water consumption, |
|
reduce water loss or waste, improve efficiency in water use, or |
|
increase water recycling and reuse so that a water supply is |
|
available for future uses. |
|
(b) The district shall adopt and implement a program of |
|
water conservation consistent with rules and criteria adopted and |
|
enforceable by the Texas Commission on Environmental Quality for |
|
similarly situated districts in the region. (Acts 69th Leg., R.S., |
|
Ch. 865, Sec. 7.) |
|
SECTION 1.04. Subtitle G, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapters 8504 and 8505 to read as |
|
follows: |
|
CHAPTER 8504. LOWER NECHES VALLEY AUTHORITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8504.001. DEFINITIONS |
|
Sec. 8504.002. CREATION AND NATURE OF AUTHORITY |
|
Sec. 8504.003. TERRITORY |
|
Sec. 8504.004. LIBERAL CONSTRUCTION OF CHAPTER |
|
[Sections 8504.005-8504.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS |
|
Sec. 8504.051. MEMBERSHIP OF BOARD |
|
Sec. 8504.052. TERMS |
|
Sec. 8504.053. VACANCY |
|
Sec. 8504.054. OATH AND BOND REQUIREMENT FOR DIRECTORS |
|
Sec. 8504.055. COMPENSATION OF DIRECTORS |
|
Sec. 8504.056. QUORUM; VOTING REQUIREMENT |
|
Sec. 8504.057. GENERAL MANAGER |
|
[Sections 8504.058-8504.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8504.101. POWERS UNDER CONSTITUTION AND OTHER LAW |
|
Sec. 8504.102. POWERS TO ACCOMPLISH PURPOSES FOR WHICH |
|
CREATED |
|
Sec. 8504.103. GENERAL POWERS RELATING TO WORKS AND |
|
WATER |
|
Sec. 8504.104. ADDITIONAL POWERS RELATING TO |
|
PARTICULAR PURPOSES; NOT A LIMITATION |
|
Sec. 8504.105. POWERS RELATING TO PURCHASE OR |
|
CONSTRUCTION OF WORKS OR ACQUISITION |
|
OF PROPERTY |
|
Sec. 8504.106. ADDITIONAL POWERS RELATING TO |
|
ACQUISITION OR OPERATION OF PROPERTY |
|
Sec. 8504.107. POWERS RELATING TO CONTRACT, LEASE, |
|
AGREEMENT, OR CONVEYANCE |
|
Sec. 8504.108. POWERS RELATING TO RECREATIONAL |
|
FACILITIES |
|
Sec. 8504.109. EMINENT DOMAIN |
|
Sec. 8504.110. STATE SUPERVISION AND APPROVAL |
|
[Sections 8504.111-8504.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS RELATING TO DEVERS CANAL SYSTEM AND ITS WATER |
|
RIGHTS AND ASSOCIATED PROPERTY |
|
Sec. 8504.151. DEFINITIONS |
|
Sec. 8504.152. POWERS RELATING TO CANAL SYSTEM |
|
Sec. 8504.153. POWERS RELATING TO WATER |
|
Sec. 8504.154. RIGHT OF FIRST REFUSAL FOR CERTAIN |
|
WATER CONTRACTS |
|
[Sections 8504.155-8504.200 reserved for expansion] |
|
SUBCHAPTER E. ECONOMIC DEVELOPMENT PROGRAMS |
|
Sec. 8504.201. DEFINITION |
|
Sec. 8504.202. LEGISLATIVE FINDINGS |
|
Sec. 8504.203. AUTHORITY FOR ECONOMIC DEVELOPMENT |
|
PROGRAM; PROGRAM AREA |
|
Sec. 8504.204. ESTABLISHMENT OF PROGRAM |
|
Sec. 8504.205. PARTICIPATION IN PROGRAM BY OTHER |
|
PERSONS |
|
Sec. 8504.206. STAFFING AND FUNDING OF PROGRAM |
|
Sec. 8504.207. AGREEMENT |
|
Sec. 8504.208. GUIDELINES FOR ASSISTANCE TO PUBLIC |
|
FIREFIGHTING ORGANIZATIONS |
|
Sec. 8504.209. BOARD DETERMINATION CONCLUSIVE |
|
[Sections 8504.210-8504.250 reserved for expansion] |
|
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8504.251. FEES AND CHARGES |
|
Sec. 8504.252. TAX OR SPECIAL ASSESSMENT NOT |
|
AUTHORIZED BY CHAPTER |
|
[Sections 8504.253-8504.300 reserved for expansion] |
|
SUBCHAPTER G. OBLIGATIONS RELATING TO BORROWED MONEY |
|
Sec. 8504.301. GENERAL POWER TO BORROW MONEY |
|
Sec. 8504.302. COVENANTS FOR MARKETABILITY |
|
Sec. 8504.303. HOLDER OF OBLIGATION MAY COMPEL |
|
PERFORMANCE |
|
Sec. 8504.304. HOLDER OF OBLIGATION ENTITLED TO |
|
ADMINISTRATOR OR RECEIVER |
|
Sec. 8504.305. ADDITIONAL SECURITY FOR OBLIGATION: |
|
MORTGAGE AND ENCUMBRANCE |
|
Sec. 8504.306. SALE UNDER MORTGAGE OR ENCUMBRANCE |
|
Sec. 8504.307. INSURING IMPROVEMENTS AND FACILITIES |
|
Sec. 8504.308. TAX EXEMPTION |
|
CHAPTER 8504. LOWER NECHES VALLEY AUTHORITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8504.001. DEFINITIONS. In this chapter: |
|
(1) "Authority" means the Lower Neches Valley |
|
Authority. |
|
(2) "Basins" means the Neches River basin and the |
|
adjoining Neches-Trinity coastal basin. |
|
(3) "Board" means the board of directors of the |
|
authority. |
|
(4) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(5) "Director" means a member of the board. (Acts 43rd |
|
Leg., 1st C.S., Ch. 63, Secs. 1 (part), 13C(a)(2); New.) |
|
Sec. 8504.002. CREATION AND NATURE OF AUTHORITY. The |
|
authority is created as a conservation and reclamation district. |
|
The authority is an independent governmental agency and a body |
|
politic and corporate. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 1 |
|
(part).) |
|
Sec. 8504.003. TERRITORY. Unless modified under Subchapter |
|
J, Chapter 49, Water Code, or other law, the authority's territory |
|
is composed of: |
|
(1) all of Jefferson, Hardin, and Tyler Counties; |
|
(2) a strip of land 10 miles in width off the eastern |
|
end of Liberty County (the west line of that strip being parallel to |
|
and 10 miles west of the extreme eastern boundary line of Liberty |
|
County); and |
|
(3) a strip of land 15 miles in width off the east side |
|
of Chambers County (the west line of that strip being parallel to |
|
and 15 miles west of the eastern boundary line of Chambers County). |
|
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 2; New.) |
|
Sec. 8504.004. LIBERAL CONSTRUCTION OF CHAPTER. This |
|
chapter shall be liberally construed to effect its purposes. (Acts |
|
43rd Leg., 1st C.S., Ch. 63, Sec. 15 (part).) |
|
[Sections 8504.005-8504.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS |
|
Sec. 8504.051. MEMBERSHIP OF BOARD. (a) The board consists |
|
of nine directors appointed by the governor with the advice and |
|
consent of the senate. |
|
(b) Each director must be a freehold property taxpayer and a |
|
qualified voter of this state. |
|
(c) Five directors must reside in Jefferson County, two |
|
directors must reside in Hardin County, and two directors must |
|
reside in Tyler County. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 3 |
|
(part).) |
|
Sec. 8504.052. TERMS. Directors hold office for staggered |
|
terms of six years. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 3 |
|
(part).) |
|
Sec. 8504.053. VACANCY. A vacancy on the board shall be |
|
filled for the unexpired term in the same manner as provided for an |
|
appointment for a full term. (Acts 43rd Leg., 1st C.S., Ch. 63, |
|
Sec. 3 (part).) |
|
Sec. 8504.054. OATH AND BOND REQUIREMENT FOR DIRECTORS. |
|
(a) A director shall, within 15 days after the date of appointment, |
|
qualify by taking the constitutional oath of office and by filing a |
|
good and sufficient bond with the secretary of state. |
|
(b) The bond is subject to approval by the secretary of |
|
state and must: |
|
(1) be in the amount of $5,000; |
|
(2) be payable to the authority; and |
|
(3) be conditioned on the faithful performance of the |
|
duties as a director. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 3 |
|
(part).) |
|
Sec. 8504.055. COMPENSATION OF DIRECTORS. (a) A director |
|
is entitled to receive a fee of office for each day of service |
|
approved by a vote of the board and necessary to discharge the |
|
director's duties. |
|
(b) The board shall set the fee described by Subsection (a) |
|
in an amount not greater than the amount allowed under general law. |
|
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 7.) |
|
Sec. 8504.056. QUORUM; VOTING REQUIREMENT. (a) Five |
|
directors constitute a quorum at any meeting. |
|
(b) A concurrence of a majority of the directors present is |
|
sufficient in any matter pertaining to authority business. (Acts |
|
43rd Leg., 1st C.S., Ch. 63, Sec. 4.) |
|
Sec. 8504.057. GENERAL MANAGER. The board shall employ a |
|
general manager at the compensation set by a majority of the board. |
|
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 3 (part).) |
|
[Sections 8504.058-8504.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8504.101. POWERS UNDER CONSTITUTION AND OTHER LAW. |
|
The authority has and is vested with the powers of a conservation |
|
and reclamation district under the constitution and other laws of |
|
this state, including the powers: |
|
(1) expressly authorized by Section 59, Article XVI, |
|
Texas Constitution, for a district created to conserve, store, |
|
control, preserve, use, and distribute storm water, floodwater, and |
|
the water of the rivers and streams of the state; |
|
(2) implied by the purposes of that section of the |
|
constitution; and |
|
(3) conferred by general law. (Acts 43rd Leg., 1st |
|
C.S., Ch. 63, Sec. 1 (part).) |
|
Sec. 8504.102. POWERS TO ACCOMPLISH PURPOSES FOR WHICH |
|
CREATED. The authority has and may exercise the functions, powers, |
|
rights, and duties as may permit the authority to accomplish the |
|
purposes for which it is created. (Acts 43rd Leg., 1st C.S., Ch. |
|
63, Sec. 15 (part).) |
|
Sec. 8504.103. GENERAL POWERS RELATING TO WORKS AND WATER. |
|
(a) The authority may construct, maintain, and operate in the |
|
basins, inside or outside the authority, any work considered |
|
essential: |
|
(1) to the operation of the authority; and |
|
(2) for the authority's administration in the control, |
|
storage, preservation, and distribution to all useful purposes of |
|
the water, including storm water and floodwater, of the basins. |
|
(b) The authority has the same power of control and |
|
regulation over the water of the basins that the state has, subject |
|
to the constitution and statutes of this state. (Acts 43rd Leg., |
|
1st C.S., Ch. 63, Sec. 1 (part).) |
|
Sec. 8504.104. ADDITIONAL POWERS RELATING TO PARTICULAR |
|
PURPOSES; NOT A LIMITATION. (a) For the conservation and |
|
beneficial use of the water of the basins, including storm water and |
|
floodwater, the authority may control and use the water in the |
|
manner and for the particular purposes described below: |
|
(1) for the prevention of the devastation of land from |
|
recurrent overflows; |
|
(2) for the protection of life and property in the |
|
authority from uncontrolled floodwater; |
|
(3) to encourage the conservation of soil; |
|
(4) to prevent destructive erosion; |
|
(5) to provide through practical and legal means for |
|
the control and coordination of the regulation of that water; |
|
(6) to provide by adequate organization and |
|
administration for the preservation of the equitable rights of the |
|
people of different sections of the watershed area in the |
|
beneficial use of that water; |
|
(7) for the storage, control, and conservation of that |
|
water inside or outside the authority and the prevention of the |
|
escape of that water without the maximum of public service; |
|
(8) for the equitable distribution of that water to |
|
the regional potential requirements for all uses; |
|
(9) for any purpose for which floodwater and storm |
|
water when controlled and conserved may be used in the performance |
|
of a useful service as authorized by the constitution of this state; |
|
(10) for the conservation of the water essential for |
|
the domestic and municipal uses of the people of the authority; |
|
(11) to control the water and make it available for use |
|
in the development of commercial and industrial enterprises in the |
|
basins or the authority; |
|
(12) to control, store, and use the water in the |
|
development and distribution of hydroelectric power, if that use is |
|
economically coordinated with and subordinate to other uses |
|
declared by law to be superior; |
|
(13) for the irrigation of all land in the authority or |
|
outside the authority but inside the basins; and |
|
(14) to provide for the drainage of land in the basins. |
|
(b) The plans and works provided by the authority in acting |
|
under this section, and the works provided under the power of the |
|
authority in acting under this section, shall have primary regard |
|
for the necessary and potential needs for water by or in the area in |
|
the authority constituting the basins. |
|
(c) This section does not limit the powers of the authority |
|
expressed elsewhere in this chapter or under other law. (Acts 43rd |
|
Leg., 1st C.S., Ch. 63, Sec. 13A-1.) |
|
Sec. 8504.105. POWERS RELATING TO PURCHASE OR CONSTRUCTION |
|
OF WORKS OR ACQUISITION OF PROPERTY. The authority may: |
|
(1) purchase or construct any work necessary or |
|
convenient for the exercise of the authority's powers under this |
|
chapter and to accomplish the purposes of this chapter; and |
|
(2) purchase or otherwise acquire land or other |
|
property necessary or convenient for carrying out the purposes of |
|
this chapter. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13A-2.) |
|
Sec. 8504.106. ADDITIONAL POWERS RELATING TO ACQUISITION OR |
|
OPERATION OF PROPERTY. (a) In this section, "property" includes: |
|
(1) rights, including water rights; and |
|
(2) land, tenements, easements, rights-of-way, |
|
improvements, reservoirs, dams, canals, laterals, plants, works, |
|
and facilities. |
|
(b) The authority may investigate, plan, acquire, |
|
construct, maintain, or operate any property the authority |
|
considers necessary or proper to accomplish the purposes for which |
|
the authority is created. |
|
(c) The power described by Subsection (b) includes the power |
|
to acquire, inside or outside the authority, property and all other |
|
rights that are incidental or helpful to carrying out the purposes |
|
for which the authority is created. (Acts 43rd Leg., 1st C.S., Ch. |
|
63, Sec. 15 (part); New.) |
|
Sec. 8504.107. POWERS RELATING TO CONTRACT, LEASE, |
|
AGREEMENT, OR CONVEYANCE. (a) In this section, "property" |
|
includes land, rights, tenements, easements, improvements, |
|
reservoirs, dams, canals, laterals, plants, works, and facilities. |
|
(b) The authority may with any person enter into a contract, |
|
lease, or agreement necessary or convenient to carry out a power |
|
granted to the authority under this chapter. |
|
(c) The authority may: |
|
(1) convey or cause to be conveyed any of its property |
|
to the United States; and |
|
(2) enter into a lease, regardless of whether it |
|
includes a privilege of purchase, with the United States relating |
|
to the property and obligate the authority to pay rent under the |
|
lease from the income or other revenue of the property. |
|
(d) A contract, lease, or agreement under this section must |
|
be approved by board resolution and must be executed by the board |
|
president and attested by the board secretary. |
|
(e) This section does not authorize the authority to assume |
|
an obligation requiring a payment from taxes. (Acts 43rd Leg., 1st |
|
C.S., Ch. 63, Sec. 13A-5; New.) |
|
Sec. 8504.108. POWERS RELATING TO RECREATIONAL FACILITIES. |
|
The authority may acquire land for recreational facilities and may |
|
construct, operate, and maintain recreational facilities as |
|
provided by general law, provided that money derived from taxation |
|
may not be spent in purchasing that land or constructing and |
|
maintaining those facilities. (Acts 43rd Leg., 1st C.S., Ch. 63, |
|
Sec. 13A-6.) |
|
Sec. 8504.109. EMINENT DOMAIN. (a) The authority may |
|
exercise the power of eminent domain inside or outside the |
|
authority to acquire the fee simple title to, or an easement or |
|
right-of-way over or through, any private or public land, water, or |
|
land under water that is necessary or convenient for carrying out |
|
any purpose or power conferred on the authority by this chapter. |
|
(b) A condemnation proceeding is under the direction of the |
|
board and must be in the name of the authority. |
|
(c) The assessment of damages and all procedures with |
|
reference to condemnation, appeal, and payment must conform to |
|
Chapter 21, Property Code. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. |
|
13A-3.) |
|
Sec. 8504.110. STATE SUPERVISION AND APPROVAL. The powers |
|
and duties conferred on the authority by this chapter, and the |
|
adequacy of any plan for flood control or conservation improvement |
|
purposes devised by the authority, are subject to such continuing |
|
rights of state supervision and state approvals as are required |
|
under general law. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 14.) |
|
[Sections 8504.111-8504.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS RELATING TO DEVERS CANAL SYSTEM AND ITS WATER |
|
RIGHTS AND ASSOCIATED PROPERTY |
|
Sec. 8504.151. DEFINITIONS. In this subchapter: |
|
(1) "Canal system" means the canal system and |
|
associated properties generally known as the Devers Canal System. |
|
(2) "Navigation district" means the Chambers-Liberty |
|
Counties Navigation District. (Acts 43rd Leg., 1st C.S., Ch. 63, |
|
Secs. 13C(a)(1), (3).) |
|
Sec. 8504.152. POWERS RELATING TO CANAL SYSTEM. The |
|
authority may: |
|
(1) acquire, own, operate, maintain, and improve the |
|
canal system; and |
|
(2) enlarge and extend the canal system east of the |
|
Trinity River in Chambers, Liberty, and Jefferson Counties. (Acts |
|
43rd Leg., 1st C.S., Ch. 63, Sec. 13C(b).) |
|
Sec. 8504.153. POWERS RELATING TO WATER. (a) The |
|
authority may own the water rights and appropriate and divert water |
|
of this state under the permits and contracts previously owned by |
|
and acquired from the Devers Canal Rice Producers Association, Inc. |
|
(b) Except as provided by Section 8504.154, the authority |
|
may distribute, sell, and use water of this state for any purpose |
|
approved by the commission. (Acts 43rd Leg., 1st C.S., Ch. 63, |
|
Secs. 13C(c), (d).) |
|
Sec. 8504.154. RIGHT OF FIRST REFUSAL FOR CERTAIN WATER |
|
CONTRACTS. (a) This section applies only to a contract to sell or |
|
provide water: |
|
(1) that is for any use other than irrigation in |
|
Chambers County outside the authority's boundaries; and |
|
(2) that the navigation district had authority to sell |
|
or provide under the navigation district's water rights on May 1, |
|
2009. |
|
(b) Before entering into a contract, the authority must: |
|
(1) send to the navigation district a written notice |
|
of intent to sell or provide water for nonirrigation use in Chambers |
|
County outside the authority's boundaries; and |
|
(2) allow the navigation district 30 days to exercise |
|
a right of first refusal to provide the water. |
|
(c) Not later than the 30th day after the date the |
|
navigation district receives the notice of intent under Subsection |
|
(b), the navigation district may exercise its right of first |
|
refusal under Subsection (b) by delivering to the authority notice |
|
that it intends to exercise that right. |
|
(d) The authority may enter into a contract only if the |
|
navigation district: |
|
(1) fails to comply with Subsection (c); or |
|
(2) complies with Subsection (c) and does not enter |
|
into a contract to sell or otherwise provide water for the use |
|
described by the authority's notice of intent under Subsection (b) |
|
before the expiration of four months after the date the navigation |
|
district receives the notice of intent. (Acts 43rd Leg., 1st C.S., |
|
Ch. 63, Secs. 13C(e), (f), (g).) |
|
[Sections 8504.155-8504.200 reserved for expansion] |
|
SUBCHAPTER E. ECONOMIC DEVELOPMENT PROGRAMS |
|
Sec. 8504.201. DEFINITION. In this subchapter, "economic |
|
development program" includes a community assistance program, a |
|
privatization program, or any other program designed to: |
|
(1) encourage economic diversification; |
|
(2) maintain or expand employment; |
|
(3) train persons; |
|
(4) eliminate conditions detrimental to the public |
|
health, safety, or welfare; |
|
(5) improve the quality or quantity of services |
|
essential for the development of viable communities and economic |
|
growth, including services related to: |
|
(A) education; |
|
(B) transportation; |
|
(C) public safety; |
|
(D) recreation; |
|
(E) health care; |
|
(F) water and wastewater treatment; or |
|
(G) rural water and sewer development; or |
|
(6) contribute to the health and development of a |
|
community to improve the attractiveness of the community to public |
|
and private enterprises. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. |
|
13B(h).) |
|
Sec. 8504.202. LEGISLATIVE FINDINGS. The legislature finds |
|
that the economic development programs authorized by this |
|
subchapter are a specific public purpose and governmental function |
|
of the authority in accordance with: |
|
(1) Section 52-a, Article III, Texas Constitution; and |
|
(2) to the extent that the programs provide assistance |
|
to public firefighting organizations, Section 51-a-1, Article III, |
|
Texas Constitution. (Acts 75th Leg., R.S., Ch. 1263, Sec. 4.) |
|
Sec. 8504.203. AUTHORITY FOR ECONOMIC DEVELOPMENT PROGRAM; |
|
PROGRAM AREA. The authority may, in the areas served by the |
|
authority, sponsor and participate in an economic development |
|
program intended to strengthen the economic base and further the |
|
economic development of this state. The program may not be outside |
|
the areas served by the authority unless the authority has entered |
|
into an interlocal agreement with an entity under Section 8504.205. |
|
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13B(a).) |
|
Sec. 8504.204. ESTABLISHMENT OF PROGRAM. Each economic |
|
development program must be established by formal action of the |
|
board. The board shall: |
|
(1) establish the goals of the program; |
|
(2) impose requirements on persons participating in |
|
and receiving the benefits of the program; and |
|
(3) provide restrictions, procedures, and budget |
|
limits that the board determines are necessary to ensure that the |
|
governmental purposes of this subchapter and the program are |
|
achieved. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13B(b).) |
|
Sec. 8504.205. PARTICIPATION IN PROGRAM BY OTHER PERSONS. |
|
A program under this subchapter may involve grants or loans of |
|
money, services, or equipment to a person engaged in an economic |
|
development activity, including a public firefighting |
|
organization, governmental body, nonprofit corporation, local or |
|
regional development council, or other nonprofit or noncommercial |
|
organization. The authority may provide assistance to a for-profit |
|
entity if the assistance is necessary or appropriate to carry out an |
|
economic development program consistent with the purposes of this |
|
subchapter. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13B(c).) |
|
Sec. 8504.206. STAFFING AND FUNDING OF PROGRAM. (a) The |
|
authority may employ staff and spend authority resources to further |
|
an economic development program under this subchapter, except that |
|
the authority may not use money received from an ad valorem tax or a |
|
general appropriation to further a program. |
|
(b) The authority may apply for and receive from any source |
|
money, grants, or other assistance to carry out an economic |
|
development program under this subchapter. (Acts 43rd Leg., 1st |
|
C.S., Ch. 63, Sec. 13B(d).) |
|
Sec. 8504.207. AGREEMENT. The authority and any other |
|
public or private person may enter into an agreement with respect to |
|
an economic development program. (Acts 43rd Leg., 1st C.S., Ch. 63, |
|
Sec. 13B(e).) |
|
Sec. 8504.208. GUIDELINES FOR ASSISTANCE TO PUBLIC |
|
FIREFIGHTING ORGANIZATIONS. If the authority provides |
|
scholarships, grants, loans, or financial assistance to a public |
|
firefighting organization, the authority shall adopt guidelines to |
|
determine: |
|
(1) eligibility for the assistance; |
|
(2) the amount of grants, loans, or other assistance |
|
the authority may make available to a firefighting organization; |
|
and |
|
(3) the type of equipment, education, or training for |
|
which the assistance may be used. (Acts 43rd Leg., 1st C.S., Ch. |
|
63, Sec. 13B(f).) |
|
Sec. 8504.209. BOARD DETERMINATION CONCLUSIVE. A |
|
determination by the board that a program is intended and expected |
|
to carry out the program's stated purposes is conclusive with |
|
respect to whether the purposes of this subchapter are satisfied. |
|
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13B(g).) |
|
[Sections 8504.210-8504.250 reserved for expansion] |
|
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8504.251. FEES AND CHARGES. (a) The board shall |
|
prescribe fees and charges to be collected for the use of water, a |
|
water connection, or another service. |
|
(b) The fees and charges must be reasonable and equitable |
|
and sufficient to produce revenue adequate to pay the items |
|
described by Subsection (c). The fees and charges may not exceed |
|
what may be reasonably necessary to fulfill the obligations imposed |
|
on the authority by this chapter. |
|
(c) The board shall pay the following items from the fees |
|
and charges: |
|
(1) all expenses necessary to the operation and |
|
maintenance of the improvements and facilities of the authority, |
|
including: |
|
(A) the cost of acquiring materials and other |
|
property necessary to maintain the improvements and facilities in |
|
good condition and to operate them efficiently; |
|
(B) necessary wages and salaries of the |
|
authority; and |
|
(C) other expenses reasonably necessary to the |
|
efficient operation of the improvements and facilities; |
|
(2) the interest on any obligation issued under this |
|
chapter and payable from the revenue from the improvements and |
|
facilities; and |
|
(3) the amount required to be paid for the payment of |
|
an obligation issued under this chapter and payable from the |
|
revenue from the improvements and facilities. |
|
(d) If the revenue received exceeds the amount required for |
|
the purposes listed in Subsection (c), the board may pay from the |
|
excess revenue the cost of improvements and replacements not |
|
covered by Subsection (c)(1) and may establish a reasonable |
|
depreciation and emergency fund. (Acts 43rd Leg., 1st C.S., Ch. 63, |
|
Sec. 13A-4.) |
|
Sec. 8504.252. TAX OR SPECIAL ASSESSMENT NOT AUTHORIZED BY |
|
CHAPTER. This chapter does not authorize the authority to levy a |
|
tax or special assessment or to create any debt payable from taxes. |
|
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 1 (part).) |
|
[Sections 8504.253-8504.300 reserved for expansion] |
|
SUBCHAPTER G. OBLIGATIONS RELATING TO BORROWED MONEY |
|
Sec. 8504.301. GENERAL POWER TO BORROW MONEY. (a) The |
|
authority may: |
|
(1) borrow money for any corporate purpose from any |
|
source; and |
|
(2) issue a note, warrant, bond, certificate of |
|
indebtedness, or other form of obligation of the authority as |
|
evidence of the borrowed money. |
|
(b) An obligation of the authority under Subsection (a) is |
|
payable only from revenue derived from authority improvements and |
|
facilities and the operation and services of the improvements and |
|
facilities. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 16.) |
|
Sec. 8504.302. COVENANTS FOR MARKETABILITY. (a) As |
|
considered necessary to ensure the marketability of obligations |
|
issued under this chapter, a resolution or order authorizing |
|
issuance may contain covenants with the holders of the obligations |
|
as to: |
|
(1) the management and operation of the authority's |
|
improvements and facilities; |
|
(2) the collection of fees and charges for the use of |
|
the improvements and facilities; |
|
(3) the disposition of the fees and charges; |
|
(4) the issuance of future obligations and the |
|
creation of future liens, mortgages, and encumbrances against the |
|
improvements and facilities and the revenue of the improvements and |
|
facilities; and |
|
(5) other pertinent matters. |
|
(b) A covenant under this section may not be inconsistent |
|
with this chapter. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 20.) |
|
Sec. 8504.303. HOLDER OF OBLIGATION MAY COMPEL PERFORMANCE. |
|
(a) A holder of obligations issued under this chapter or of |
|
coupons originally attached to the obligations may enforce and |
|
compel the board's performance of all duties required by this |
|
chapter, including: |
|
(1) setting and collecting reasonable and sufficient |
|
fees or charges for the use of the authority's improvements and |
|
facilities; |
|
(2) segregating the income and revenue of the |
|
improvements and facilities; and |
|
(3) applying the income and revenue under this |
|
chapter. |
|
(b) The holder of the obligations or coupons may act under |
|
Subsection (a): |
|
(1) at law or in equity; and |
|
(2) by an action, mandamus, or other proceeding. |
|
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 22 (part).) |
|
Sec. 8504.304. HOLDER OF OBLIGATION ENTITLED TO |
|
ADMINISTRATOR OR RECEIVER. (a) If there is a default in the |
|
payment of the principal of or interest on an obligation issued |
|
under this chapter, any holder of the obligation is entitled to have |
|
a court appoint an administrator or receiver to administer and |
|
operate, on behalf of the authority and the holders of the |
|
obligation, the improvements and facilities the revenue of which is |
|
pledged to the payment of the obligation. |
|
(b) The administrator or receiver may: |
|
(1) set and collect fees and charges sufficient to: |
|
(A) provide for the payment of operation and |
|
maintenance expenses as described by this chapter; and |
|
(B) pay any outstanding obligations or interest |
|
coupons payable from the revenue of the improvements and |
|
facilities; and |
|
(2) apply the income and revenue of the improvements |
|
and facilities in accordance with this chapter and the proceedings |
|
authorizing the issuance of the obligation. (Acts 43rd Leg., 1st |
|
C.S., Ch. 63, Sec. 22 (part).) |
|
Sec. 8504.305. ADDITIONAL SECURITY FOR OBLIGATION: |
|
MORTGAGE AND ENCUMBRANCE. (a) As additional security for the |
|
payment of an obligation issued under this chapter, the board may |
|
have executed in favor of the holder of the obligation an indenture |
|
mortgaging and encumbering: |
|
(1) the improvements, facilities, and other property |
|
acquired with the proceeds of the sale of the obligation; or |
|
(2) all the authority's improvements, facilities, and |
|
other property. |
|
(b) The indenture may also mortgage and encumber the revenue |
|
to be derived from the operation of the improvements, facilities, |
|
and other property. |
|
(c) In the encumbrance, the board may provide for granting |
|
to any purchaser at a foreclosure sale under the encumbrance a |
|
franchise to operate the improvements, facilities, and other |
|
property for a term not to exceed 50 years after the date of the |
|
purchase, subject to the laws regulating the matter. |
|
(d) The indenture: |
|
(1) may contain the provisions the board considers |
|
proper; and |
|
(2) is enforceable in the manner provided by the laws |
|
of this state for the enforcement of other mortgages and |
|
encumbrances. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 23 (part).) |
|
Sec. 8504.306. SALE UNDER MORTGAGE OR ENCUMBRANCE. |
|
(a) Under a sale ordered under a mortgage or encumbrance described |
|
by Section 8504.305, a purchaser of the improvements, facilities, |
|
and other property at the sale, and the purchaser's successors or |
|
assigns, are vested with a permit and franchise to maintain and |
|
operate the improvements, facilities, and other property, with |
|
powers and privileges like those held by the authority in the |
|
operation of the improvements, facilities, and other property. |
|
(b) Instead of operating the improvements, facilities, and |
|
other property as provided by Subsection (a), the purchaser and the |
|
purchaser's successors or assigns may remove all or part of the |
|
improvements, facilities, and other property for diversion to other |
|
purposes. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 23 (part).) |
|
Sec. 8504.307. INSURING IMPROVEMENTS AND FACILITIES. |
|
(a) The board and the purchaser of an obligation issued under this |
|
chapter may enter into an agreement under which the board agrees to: |
|
(1) keep all the improvements and facilities, the |
|
revenue of which is pledged to the payment of the obligation, |
|
insured with one or more insurers of good standing against loss or |
|
damage by fire, water or flood, or another hazard that private |
|
companies operating similar properties customarily cover by |
|
insurance; and |
|
(2) carry with one or more insurers of good standing |
|
the insurance covering the use and occupancy of the property that is |
|
customarily carried by private companies operating similar |
|
properties. |
|
(b) The board shall budget the cost of the insurance as a |
|
maintenance and operation expense. |
|
(c) The insurance shall be carried for the benefit of the |
|
holder of the obligation. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. |
|
25; New.) |
|
Sec. 8504.308. TAX EXEMPTION. An obligation issued under |
|
this chapter is exempt from taxation by this state or by any |
|
political subdivision of this state. (Acts 43rd Leg., 1st C.S., Ch. |
|
63, Sec. 26.) |
|
CHAPTER 8505. CENTRAL COLORADO RIVER AUTHORITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8505.001. DEFINITIONS |
|
Sec. 8505.002. CREATION AND NATURE OF AUTHORITY |
|
Sec. 8505.003. TERRITORY |
|
Sec. 8505.004. LIBERAL CONSTRUCTION OF CHAPTER |
|
[Sections 8505.005-8505.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS |
|
Sec. 8505.051. MEMBERSHIP OF BOARD |
|
Sec. 8505.052. TERMS |
|
Sec. 8505.053. REMOVAL |
|
Sec. 8505.054. VACANCY |
|
Sec. 8505.055. COMPENSATION OF DIRECTORS |
|
Sec. 8505.056. VOTING REQUIREMENT |
|
Sec. 8505.057. OFFICERS AND EMPLOYEES |
|
Sec. 8505.058. SURETY BONDS |
|
Sec. 8505.059. AUTHORITY'S DOMICILE AND OFFICE |
|
Sec. 8505.060. CONFLICT OF INTEREST; CRIMINAL PENALTY |
|
[Sections 8505.061-8505.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8505.101. GENERAL POWERS |
|
Sec. 8505.102. POWERS RELATED TO WATER OF COLORADO |
|
RIVER AND ITS TRIBUTARIES |
|
Sec. 8505.103. DEVELOPMENT, GENERATION, DISTRIBUTION, |
|
AND SALE OF WATER POWER AND ELECTRIC |
|
ENERGY |
|
Sec. 8505.104. PREVENTION OF DAMAGE TO PERSONS OR |
|
PROPERTY |
|
Sec. 8505.105. FORESTATION AND REFORESTATION; |
|
PREVENTION OF SOIL EROSION AND FLOODS |
|
Sec. 8505.106. AUTHORITY PROPERTY; EMINENT DOMAIN |
|
Sec. 8505.107. SALE, LEASE, MORTGAGE, OR OTHER |
|
DISPOSITION OF AUTHORITY PROPERTY |
|
Sec. 8505.108. OVERFLOW OR INUNDATION OF PUBLIC |
|
PROPERTY; RELOCATION OF ROADS |
|
Sec. 8505.109. CONSTRUCTION, MAINTENANCE, AND |
|
OPERATION OF FACILITIES |
|
Sec. 8505.110. SEAL |
|
Sec. 8505.111. GENERAL CONTRACT POWERS |
|
Sec. 8505.112. CONTRACTS RELATING TO WATER OR SOIL |
|
CONSERVATION PROJECTS |
|
Sec. 8505.113. ADDITIONAL POWERS RELATING TO |
|
CONTRACTS, RULES, AND REGULATIONS |
|
Sec. 8505.114. LIMITATIONS ON POWERS OF AUTHORITY |
|
Sec. 8505.115. PUBLIC USE OF AUTHORITY'S LAND |
|
[Sections 8505.116-8505.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8505.151. DISBURSEMENT OF MONEY |
|
Sec. 8505.152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; |
|
PUBLIC INSPECTION |
|
Sec. 8505.153. FILING OF COPIES OF AUDIT REPORT |
|
Sec. 8505.154. RATES AND OTHER CHARGES |
|
Sec. 8505.155. USE OF EXCESS REVENUE |
|
Sec. 8505.156. TAX OR ASSESSMENT OR PLEDGE OF CREDIT |
|
OF STATE NOT AUTHORIZED BY CHAPTER |
|
[Sections 8505.157-8505.200 reserved for expansion] |
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SUBCHAPTER E. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS |
|
Sec. 8505.201. LOANS AND GRANTS |
|
Sec. 8505.202. STATE PLEDGE REGARDING RIGHTS AND |
|
REMEDIES OF BONDHOLDERS |
|
Sec. 8505.203. OBLIGATION PAYABLE FROM REVENUE |
|
Sec. 8505.204. POWER TO ISSUE BONDS |
|
Sec. 8505.205. TERMS OF ISSUANCE |
|
Sec. 8505.206. DEPOSIT OF PROCEEDS |
|
Sec. 8505.207. RESOLUTION PROVISIONS |
|
Sec. 8505.208. DEFAULT PROCEDURES |
|
Sec. 8505.209. POWER OF AUTHORITY TO PURCHASE BONDS |
|
ISSUED BY AUTHORITY |
|
Sec. 8505.210. BONDS EXEMPT FROM TAXATION |
|
CHAPTER 8505. CENTRAL COLORADO RIVER AUTHORITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8505.001. DEFINITIONS. In this chapter: |
|
(1) "Authority" means the Central Colorado River |
|
Authority. |
|
(2) "Board" means the board of directors of the |
|
authority. |
|
(3) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(4) "Director" means a member of the board. (Acts 44th |
|
Leg., R.S., G.L., Ch. 338, Secs. 1 (part), 4(a) (part); New.) |
|
Sec. 8505.002. CREATION AND NATURE OF AUTHORITY. (a) The |
|
authority is created as a conservation and reclamation district. |
|
(b) The creation of the authority is essential to the |
|
accomplishment of the purposes of Section 59, Article XVI, Texas |
|
Constitution. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 1 (part).) |
|
Sec. 8505.003. TERRITORY. Unless modified under Subchapter |
|
J, Chapter 49, Water Code, or other law, the authority's territory |
|
consists of that part of this state included in the boundaries of |
|
Coleman County. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 1 |
|
(part); New.) |
|
Sec. 8505.004. LIBERAL CONSTRUCTION OF CHAPTER. This |
|
chapter shall be liberally construed to effect its purposes. (Acts |
|
44th Leg., R.S., G.L., Ch. 338, Secs. 19, 19A.) |
|
[Sections 8505.005-8505.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS |
|
Sec. 8505.051. MEMBERSHIP OF BOARD. (a) The board |
|
consists of five directors appointed by the governor with the |
|
advice and consent of the senate. |
|
(b) Each director must be a freehold property taxpayer in |
|
this state and a resident of the authority. |
|
(c) A person is ineligible to be appointed as a director if, |
|
during the three years preceding the date of the appointment, the |
|
person has been employed by a utility company, including an |
|
electric power and light company, a gas company, or a telephone |
|
company. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 4(a) (part).) |
|
Sec. 8505.052. TERMS. Directors are appointed for |
|
staggered terms of six years with one or two directors' terms |
|
expiring on February 1 of each odd-numbered year. (Acts 44th Leg., |
|
R.S., G.L., Ch. 338, Sec. 4(a) (part).) |
|
Sec. 8505.053. REMOVAL. A director may be removed by the |
|
governor for inefficiency, neglect of duty, or misconduct in |
|
office, after at least 10 days' written notice of the charge against |
|
the director and an opportunity to be heard in person or by counsel |
|
at a public hearing. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. |
|
4(b) (part).) |
|
Sec. 8505.054. VACANCY. A vacancy on the board shall be |
|
filled by the governor for the unexpired term. (Acts 44th Leg., |
|
R.S., G.L., Ch. 338, Sec. 4(b) (part).) |
|
Sec. 8505.055. COMPENSATION OF DIRECTORS. Unless the board |
|
by resolution increases the fee to an amount authorized by Section |
|
49.060, Water Code, each director shall receive a fee of $10 per day |
|
for each day spent in attending meetings of the board. (Acts 44th |
|
Leg., R.S., G.L., Ch. 338, Sec. 4(b) (part); New.) |
|
Sec. 8505.056. VOTING REQUIREMENT. (a) Except as provided |
|
by this chapter or the bylaws, action may be taken by the |
|
affirmative vote of a majority of the directors present at a |
|
meeting. |
|
(b) The following are valid only if authorized or ratified |
|
by the affirmative vote of at least a majority of the entire |
|
membership of the board: |
|
(1) a contract that involves an amount greater than |
|
$10,000 or has a duration of more than one year; |
|
(2) a bond, note, or other evidence of indebtedness; |
|
or |
|
(3) an amendment of the bylaws. (Acts 44th Leg., R.S., |
|
G.L., Ch. 338, Sec. 4(c) (part).) |
|
Sec. 8505.057. OFFICERS AND EMPLOYEES. (a) The board |
|
shall select a secretary, a general manager, and a treasurer. The |
|
treasurer may also hold the office of secretary. |
|
(b) The secretary shall keep accurate and complete records |
|
of all proceedings of the board. |
|
(c) Until the board selects a secretary, or if the secretary |
|
is absent or unable to act, the board shall select a secretary pro |
|
tem. |
|
(d) The general manager is the chief executive officer of |
|
the authority. |
|
(e) The secretary, secretary pro tem, general manager, and |
|
treasurer have the powers and duties, hold office for the term, and |
|
are subject to removal in the manner provided by the bylaws. |
|
(f) The board shall set the compensation of the secretary, |
|
secretary pro tem, general manager, and treasurer. |
|
(g) The board may appoint other officers, agents, and |
|
employees, set their compensation and term of office, prescribe |
|
their duties and the method by which they may be removed, and |
|
delegate to them any of its powers and duties as it considers |
|
proper. (Acts 44th Leg., R.S., G.L., Ch. 338, Secs. 2 (part), 5.) |
|
Sec. 8505.058. SURETY BONDS. (a) The general manager, the |
|
treasurer, and any other officer, agent, or employee of the |
|
authority who is charged with the collection, custody, or payment |
|
of authority money shall give bond conditioned on: |
|
(1) the faithful performance of the person's duties; |
|
and |
|
(2) an accounting for all money and property of the |
|
authority coming into the person's possession. |
|
(b) The bond must be in a form and amount and with a surety |
|
approved by the board, and the surety on the bond must be a surety |
|
company authorized to do business in this state. |
|
(c) The authority shall pay the premium on the bond and |
|
charge the premium as an operating expense. (Acts 44th Leg., R.S., |
|
G.L., Ch. 338, Sec. 6 (part).) |
|
Sec. 8505.059. AUTHORITY'S DOMICILE AND OFFICE. (a) The |
|
authority's domicile is in the city of Coleman, Coleman County. |
|
(b) The authority shall maintain its principal office in the |
|
city of Coleman, Coleman County. |
|
(c) The general manager is in charge of the authority's |
|
principal office. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 7 |
|
(part).) |
|
Sec. 8505.060. CONFLICT OF INTEREST; CRIMINAL PENALTY. |
|
(a) A director, officer, agent, or employee of the authority may |
|
not be directly or indirectly interested in a contract for the |
|
purchase of any property or construction of any work by or for the |
|
authority. |
|
(b) A person commits an offense if the person violates this |
|
section. An offense under this subsection is a felony punishable |
|
by: |
|
(1) a fine not to exceed $10,000; |
|
(2) confinement in the county jail for not less than |
|
one year or more than 10 years; or |
|
(3) both the fine and confinement. (Acts 44th Leg., |
|
R.S., G.L., Ch. 338, Sec. 8.) |
|
[Sections 8505.061-8505.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8505.101. GENERAL POWERS. (a) The authority has: |
|
(1) the powers of government and the authority to |
|
exercise the rights, privileges, and functions specified by this |
|
chapter; and |
|
(2) all powers, rights, privileges, and functions |
|
conferred by general law on any district created under Section 59, |
|
Article XVI, Texas Constitution, except as expressly limited by |
|
this chapter. |
|
(b) The authority may perform any act necessary or |
|
convenient to the exercise of the powers, rights, privileges, or |
|
functions conferred on the authority by this chapter or any other |
|
law. (Acts 44th Leg., R.S., G.L., Ch. 338, Secs. 1 (part), 2 |
|
(part).) |
|
Sec. 8505.102. POWERS RELATED TO WATER OF COLORADO RIVER |
|
AND ITS TRIBUTARIES. Inside the boundaries of the authority, the |
|
authority may: |
|
(1) control, store, and preserve the water of the |
|
Colorado River and its tributaries for any useful purpose; and |
|
(2) use, distribute, and sell the water described by |
|
Subdivision (1) for any useful purpose. (Acts 44th Leg., R.S., |
|
G.L., Ch. 338, Sec. 2 (part).) |
|
Sec. 8505.103. DEVELOPMENT, GENERATION, DISTRIBUTION, AND |
|
SALE OF WATER POWER AND ELECTRIC ENERGY. (a) The authority may: |
|
(1) develop and generate water power and electric |
|
energy inside the boundaries of the authority; and |
|
(2) distribute and sell water power and electric |
|
energy inside or outside the boundaries of the authority. |
|
(b) A use authorized by this section is subordinate and |
|
inferior to a domestic, municipal, or irrigation requirement. |
|
(Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).) |
|
Sec. 8505.104. PREVENTION OF DAMAGE TO PERSONS OR PROPERTY. |
|
The authority may prevent or aid in the prevention of damage to |
|
persons or property from the water of the Colorado River and its |
|
tributaries. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).) |
|
Sec. 8505.105. FORESTATION AND REFORESTATION; PREVENTION |
|
OF SOIL EROSION AND FLOODS. In the watershed of the Colorado River |
|
and its tributaries, the authority may: |
|
(1) forest, reforest, or aid in foresting or |
|
reforesting; and |
|
(2) prevent or aid in the prevention of soil erosion |
|
and floods. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).) |
|
Sec. 8505.106. AUTHORITY PROPERTY; EMINENT DOMAIN. |
|
(a) The authority may acquire, maintain, use, and operate property |
|
of any kind or any interest in property, inside or outside the |
|
boundaries of the authority, necessary or convenient to the |
|
exercise of the powers, rights, privileges, and functions conferred |
|
on the authority by this chapter. |
|
(b) Except as provided by Subsection (d), the authority may |
|
acquire property or an interest in property as provided by |
|
Subsection (a) by purchase, lease, gift, exercise of the power of |
|
eminent domain, or any other manner. |
|
(c) The authority may acquire property or an interest in |
|
property by exercise of the power of eminent domain in the manner |
|
provided by: |
|
(1) Chapter 21, Property Code; or |
|
(2) the statutes relating to condemnation by districts |
|
organized under general law under Section 59, Article XVI, Texas |
|
Constitution. |
|
(d) The authority may not exercise the power of eminent |
|
domain to acquire property or an interest in property that is |
|
located outside the boundaries of the authority. (Acts 44th Leg., |
|
R.S., G.L., Ch. 338, Sec. 2 (part).) |
|
Sec. 8505.107. SALE, LEASE, MORTGAGE, OR OTHER DISPOSITION |
|
OF AUTHORITY PROPERTY. (a) The authority may not: |
|
(1) mortgage or otherwise encumber authority property |
|
of any kind, or any interest in authority property; or |
|
(2) acquire any property or interest in property |
|
subject to a mortgage or conditional sale. |
|
(b) Subsection (a) does not prevent pledging authority |
|
revenue as authorized by this chapter. |
|
(c) This chapter does not authorize the sale, lease, or |
|
other disposition of authority property of any kind, or an interest |
|
in authority property, by the authority, by a receiver of any |
|
authority property, through a court proceeding, or otherwise. |
|
(d) Notwithstanding Subsection (c), the authority may sell |
|
for cash authority property of any kind, or an interest in authority |
|
property, if: |
|
(1) the board, by the affirmative vote of a two-thirds |
|
majority of the entire membership of the board, determines that the |
|
property or interest is not necessary or convenient to the business |
|
of the authority and approves the terms of the sale; and |
|
(2) the aggregate value of the properties or interests |
|
sold in any year does not exceed $50,000. |
|
(e) It is the intent of the legislature that, except by sale |
|
as expressly authorized by this section, authority property or an |
|
interest in authority property, except personal property, never |
|
come into the ownership or control, directly or indirectly, of any |
|
person other than a public authority created under the laws of this |
|
state. |
|
(f) Authority property, except personal property, is exempt |
|
from forced sale. The sale of authority property, except personal |
|
property, under a judgment rendered in a suit is prohibited. (Acts |
|
44th Leg., R.S., G.L., Ch. 338, Secs. 2 (part), 15.) |
|
Sec. 8505.108. OVERFLOW OR INUNDATION OF PUBLIC PROPERTY; |
|
RELOCATION OF ROADS. The authority may overflow and inundate any |
|
public land or public property and require the relocation of a road |
|
or highway in the manner and to the extent permitted to a district |
|
organized under general law under Section 59, Article XVI, Texas |
|
Constitution. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).) |
|
Sec. 8505.109. CONSTRUCTION, MAINTENANCE, AND OPERATION OF |
|
FACILITIES. The authority may construct, extend, improve, |
|
maintain, and reconstruct, cause to be constructed, extended, |
|
improved, maintained, and reconstructed, and use and operate |
|
facilities of any kind necessary or convenient to the exercise of |
|
the authority's powers, rights, privileges, and functions. (Acts |
|
44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).) |
|
Sec. 8505.110. SEAL. The authority may adopt and use a |
|
corporate seal. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 |
|
(part).) |
|
Sec. 8505.111. GENERAL CONTRACT POWERS. The authority may |
|
make a contract or execute an instrument necessary or convenient to |
|
the exercise of the powers, rights, privileges, and functions |
|
conferred on the authority by this chapter. (Acts 44th Leg., R.S., |
|
G.L., Ch. 338, Sec. 2 (part).) |
|
Sec. 8505.112. CONTRACTS RELATING TO WATER OR SOIL |
|
CONSERVATION PROJECTS. (a) The authority may enter into a |
|
contract with an individual, firm, association, or corporation for |
|
the construction of a water or soil conservation project on |
|
property owned or controlled by the individual, firm, association, |
|
or corporation and use machinery, equipment, or facilities owned or |
|
controlled by the authority. |
|
(b) The authority may enter into a contract with the |
|
governing board of a governmental agency inside or outside the |
|
boundaries of the authority for the purpose of supervising the |
|
construction of a water or soil conservation project on property |
|
located in the control or in the limits of the governmental agency. |
|
(c) An individual, firm, association, corporation, or |
|
governmental agency that enters into a contract with the authority |
|
under this section shall pay a reasonable charge therefor. |
|
(d) The authority is not liable for damages to any person or |
|
property in connection with, or for maintenance or upkeep of, a |
|
project contracted for and constructed under this section. (Acts |
|
44th Leg., R.S., G.L., Ch. 338, Secs. 13A, 13-b.) |
|
Sec. 8505.113. ADDITIONAL POWERS RELATING TO CONTRACTS, |
|
RULES, AND REGULATIONS. The authority may enter into and carry out |
|
contracts or establish or comply with rules and regulations |
|
concerning labor and materials and other related matters in |
|
connection with any project the authority considers desirable or as |
|
requested by the United States, or any corporation or agency |
|
created, designated, or established by the United States, that may |
|
assist in the financing of the project. (Acts 44th Leg., R.S., |
|
G.L., Ch. 338, Sec. 13.) |
|
Sec. 8505.114. LIMITATIONS ON POWERS OF AUTHORITY. |
|
(a) The authority may not use water for irrigation purposes under |
|
any law or any permit that was issued before May 21, 1935, was held, |
|
owned, or enjoyed by the authority as of that date, or is acquired |
|
from another person after that date unless expressly authorized by |
|
a subsequent permit granted to the authority by the commission or a |
|
predecessor agency under authority of law. In considering permit |
|
applications by the authority, the commission shall at all times |
|
consider the needs of the people living in the watershed of the |
|
Colorado River and its tributaries above the authority. This |
|
subsection does not prevent the authority from selling, for |
|
irrigation purposes and in the boundaries of the authority, any |
|
water impounded by it under authority of law. |
|
(b) Notwithstanding any right or permit to use the water of |
|
the Colorado River and its tributaries for the generation of |
|
hydroelectric power that was issued by the former State Board of |
|
Water Engineers, was in existence as of May 21, 1935, and is |
|
acquired by the authority, the impounding and use of the |
|
floodwaters of the Colorado River and its tributaries for the |
|
generation of hydroelectric power by the authority or a person who |
|
succeeds to the rights and privileges conferred on the authority by |
|
this chapter are subject to the rights of any other person who |
|
before May 21, 1935, was impounding or as of that date was putting |
|
to beneficial use any water for the purposes described by Sections |
|
11.024(1) and (2), Water Code, if the person: |
|
(1) before May 21, 1935, received a permit for that use |
|
from the former State Board of Water Engineers; or |
|
(2) by law was permitted before May 21, 1935, to |
|
impound water for those purposes. |
|
(c) This chapter may not be construed to subject to |
|
condemnation by the authority or any successor of the authority, or |
|
by any person who succeeds to the rights and privileges conferred on |
|
the authority by this chapter, any water: |
|
(1) impounded or to be impounded inside or outside the |
|
authority under any law authorizing water to be impounded or under |
|
any permit granted to a municipal corporation or body politic; or |
|
(2) impounded or permitted to be impounded or used |
|
outside the authority under a permit granted to any person. |
|
(d) This chapter may not be construed to deprive any person |
|
of the right to impound the water of the Colorado River or its |
|
tributaries for domestic or municipal purposes or to repeal any law |
|
granting such a right to a person. |
|
(e) The rights of the authority to impound, use, or sell the |
|
water of the Colorado River and its tributaries for the generation |
|
of hydroelectric power are subordinate and inferior to the rights |
|
of: |
|
(1) municipalities situated in the watershed of the |
|
Colorado River and its tributaries to build dams and impound |
|
floodwaters for municipal purposes; and |
|
(2) any residents of this state or bodies politic to |
|
build dams and impound the floodwaters in the watershed of the |
|
Colorado River and its tributaries for domestic purposes and for |
|
the purposes of irrigation. |
|
(f) The title to any right, property, license, franchise, or |
|
permit acquired by the authority is subject to the limitations |
|
imposed by Subsection (e). (Acts 44th Leg., R.S., G.L., Ch. 338, |
|
Secs. 2 (part), 3.) |
|
Sec. 8505.115. PUBLIC USE OF AUTHORITY'S LAND. (a) The |
|
authority may prohibit free public use of its land for recreational |
|
purposes, hunting, or fishing only to the extent to which, in the |
|
opinion of the board, the use would interfere with the proper |
|
conduct and maintenance of its property. |
|
(b) All public rights-of-way that as of May 21, 1935, |
|
traversed the areas adjacent to the areas to be flooded by the |
|
impounded waters shall remain open as a way of free public passage |
|
to and from the lakes created, and a charge may be made to the public |
|
for the right to engage in hunting, fishing, or boating thereon. |
|
(c) On notice by a resident of this state of a violation of |
|
this section, the attorney general shall institute the proper legal |
|
proceedings to enforce compliance with this section by the |
|
authority or its successor. |
|
(d) If the authority sells any of the authority's land |
|
bordering a lake to be created under this chapter, the authority |
|
shall retain in each tract a strip 20 feet wide abutting the |
|
high-water line of the lake for the purpose of passage and use by |
|
the public for public sports and amusements. This subsection does |
|
not apply to a sale of land by the authority to a state or federal |
|
agency to be used for game or fish sanctuaries or preserves or for |
|
propagation purposes. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. |
|
16.) |
|
[Sections 8505.116-8505.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8505.151. DISBURSEMENT OF MONEY. The authority may |
|
disburse its money only by a check, draft, order, or other |
|
instrument signed by a person authorized to sign the instrument by |
|
the bylaws or a resolution in which at least a majority of the |
|
entire membership of the board concurs. (Acts 44th Leg., R.S., |
|
G.L., Ch. 338, Sec. 6 (part).) |
|
Sec. 8505.152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; |
|
PUBLIC INSPECTION. (a) The authority shall keep complete and |
|
accurate accounts conforming to approved methods of bookkeeping. |
|
(b) The accounts and all contracts, documents, and records |
|
of the authority shall be kept at the principal office of the |
|
authority. |
|
(c) The contracts shall be open to public inspection at all |
|
reasonable times. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 7 |
|
(part).) |
|
Sec. 8505.153. FILING OF COPIES OF AUDIT REPORT. Copies of |
|
the audit report prepared under Subchapter G, Chapter 49, Water |
|
Code, shall be certified to by the accountant who performed the |
|
audit and filed: |
|
(1) as required by Section 49.194, Water Code; and |
|
(2) with the comptroller. (Acts 44th Leg., R.S., |
|
G.L., Ch. 338, Sec. 7 (part); New.) |
|
Sec. 8505.154. RATES AND OTHER CHARGES. (a) The board |
|
shall establish and collect rates and other charges for the sale or |
|
use of water, water connections, power, electric energy, or other |
|
services sold, provided, or supplied by the authority. |
|
(b) The rates and charges must be reasonable, |
|
nondiscriminatory, and sufficient to provide revenue adequate to: |
|
(1) pay all expenses necessary to the operation and |
|
maintenance of the properties and facilities of the authority; |
|
(2) pay the interest on and the principal of all bonds |
|
issued under this chapter when and as they become due and payable; |
|
(3) pay all sinking fund or reserve fund payments |
|
agreed to be made with respect to any of those bonds and payable out |
|
of that revenue when and as they become due and payable; and |
|
(4) fulfill the terms of any agreements made with the |
|
holders of those bonds or with any person in their behalf. |
|
(c) The rates and charges may not exceed what may be |
|
necessary to fulfill the obligations imposed on the authority by |
|
this chapter. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 9 (part).) |
|
Sec. 8505.155. USE OF EXCESS REVENUE. If the authority |
|
receives revenue in excess of that required for the purposes |
|
specified by Section 8505.154(b), the board may: |
|
(1) use the excess revenue to: |
|
(A) establish a reasonable depreciation and |
|
emergency fund; or |
|
(B) retire bonds issued under this chapter by |
|
purchase and cancellation or redemption; or |
|
(2) apply the excess revenue to any corporate purpose. |
|
(Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 9 (part).) |
|
Sec. 8505.156. TAX OR ASSESSMENT OR PLEDGE OF CREDIT OF |
|
STATE NOT AUTHORIZED BY CHAPTER. This chapter does not authorize |
|
the authority to: |
|
(1) levy or collect a tax or assessment; |
|
(2) create any debt payable out of taxes or |
|
assessments; or |
|
(3) in any way pledge the credit of this state. (Acts |
|
44th Leg., R.S., G.L., Ch. 338, Sec. 1 (part).) |
|
[Sections 8505.157-8505.200 reserved for expansion] |
|
SUBCHAPTER E. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS |
|
Sec. 8505.201. LOANS AND GRANTS. The authority may: |
|
(1) borrow money for its corporate purposes; |
|
(2) borrow money or accept a grant from the United |
|
States and, in connection with such a loan or grant, enter into any |
|
agreement the United States or such corporation or agency may |
|
require; and |
|
(3) make and issue its bonds for money borrowed, in the |
|
manner and to the extent provided by Section 8505.203. (Acts 44th |
|
Leg., R.S., G.L., Ch. 338, Sec. 2 (part).) |
|
Sec. 8505.202. STATE PLEDGE REGARDING RIGHTS AND REMEDIES |
|
OF BONDHOLDERS. This chapter does not deprive this state of its |
|
power to regulate and control rates or charges to be collected for |
|
the use of water, water connections, power, electric energy, or |
|
another service. The state pledges to and agrees with the |
|
purchasers and successive holders of the bonds issued under this |
|
chapter that the state will not limit or alter the power this |
|
chapter gives the authority to establish and collect rates and |
|
charges that will produce revenue sufficient to pay the items |
|
specified by Section 8505.154(b) or in any way impair the rights or |
|
remedies of the holders of the bonds, or of any person in their |
|
behalf, until the following are fully discharged: |
|
(1) the bonds; |
|
(2) the interest on the bonds; |
|
(3) interest on unpaid installments of interest; |
|
(4) all costs and expenses in connection with any |
|
action or proceedings by or on behalf of the bondholders; and |
|
(5) all other obligations of the authority in |
|
connection with the bonds. (Acts 44th Leg., R.S., G.L., Ch. 338, |
|
Sec. 9 (part).) |
|
Sec. 8505.203. OBLIGATION PAYABLE FROM REVENUE. A debt, |
|
liability, or obligation of the authority for the payment of money, |
|
however entered into or incurred and whether arising from an |
|
express or implied contract or otherwise, is payable solely: |
|
(1) out of the revenue received by the authority with |
|
respect to its properties, subject to any prior lien on the revenue |
|
conferred by any resolution previously adopted as provided by this |
|
chapter authorizing the issuance of bonds; or |
|
(2) if the board so determines, out of the proceeds of |
|
sale by the authority of bonds payable solely from revenue |
|
described by Subdivision (1). (Acts 44th Leg., R.S., G.L., Ch. 338, |
|
Sec. 10.) |
|
Sec. 8505.204. POWER TO ISSUE BONDS. (a) The authority |
|
may issue bonds for any corporate purpose in an aggregate principal |
|
amount not to exceed $500,000. |
|
(b) The bonds must be authorized by a board resolution. |
|
(Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 11 (part).) |
|
Sec. 8505.205. TERMS OF ISSUANCE. Authority bonds may be: |
|
(1) sold for cash; |
|
(2) issued on terms the board determines in exchange |
|
for property of any kind, or any interest in property, that the |
|
board considers necessary or convenient for the corporate purpose |
|
for which the bonds are issued; or |
|
(3) issued in exchange for like principal amounts of |
|
other obligations of the authority, whether matured or unmatured. |
|
(Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 11 (part).) |
|
Sec. 8505.206. DEPOSIT OF PROCEEDS. The proceeds of sale of |
|
authority bonds shall be deposited in one or more banks or trust |
|
companies, and shall be paid out according to the terms, on which |
|
the authority and the purchasers of the bonds agree. (Acts 44th |
|
Leg., R.S., G.L., Ch. 338, Sec. 11 (part).) |
|
Sec. 8505.207. RESOLUTION PROVISIONS. (a) A resolution |
|
authorizing bonds may contain provisions approved by the board that |
|
are not inconsistent with this chapter, including provisions: |
|
(1) reserving the right to redeem the bonds at the time |
|
or times, in the amounts, and at the prices, not exceeding 105 |
|
percent of the principal amount of the bonds, plus accrued |
|
interest, as may be provided; |
|
(2) providing for the setting aside of sinking funds |
|
or reserve funds and the regulation and disposition of those funds; |
|
(3) pledging, to secure the payment of the principal |
|
of and interest on the bonds and of the sinking fund or reserve fund |
|
payments agreed to be made with respect to the bonds: |
|
(A) all or any part of the gross or net revenue |
|
subsequently received by the authority with respect to the property |
|
to be acquired or constructed with the bonds or the proceeds of the |
|
bonds; or |
|
(B) all or any part of the gross or net revenue |
|
subsequently received by the authority from any source; |
|
(4) prescribing the purposes to which the bonds or any |
|
bonds subsequently to be issued, or the proceeds of the bonds, may |
|
be applied; |
|
(5) agreeing to set and collect rates and charges |
|
sufficient to produce revenue adequate to pay the items specified |
|
by Section 8505.154(b) and prescribing the use and disposition of |
|
all revenue; |
|
(6) prescribing limitations on the issuance of |
|
additional bonds and on the agreements that may be made with the |
|
purchasers and successive holders of those bonds; |
|
(7) with regard to the construction, extension, |
|
improvement, reconstruction, operation, maintenance, and repair of |
|
the properties of the authority and the carrying of insurance on all |
|
or any part of those properties covering loss or damage or loss of |
|
use and occupancy resulting from specified risks; |
|
(8) setting the procedure, if any, by which, if the |
|
authority so desires, the terms of a contract with the bondholders |
|
may be amended or abrogated, the amount of bonds the holders of |
|
which must consent to that amendment or abrogation, and the manner |
|
in which the consent may be given; and |
|
(9) providing for the execution and delivery by the |
|
authority to a bank or trust company authorized by law to accept |
|
trusts, or to the United States or any officer of the United States, |
|
of indentures and agreements for the benefit of the bondholders |
|
setting forth any or all of the agreements authorized by this |
|
chapter to be made with or for the benefit of the bondholders and |
|
any other provisions that are customary in such indentures or |
|
agreements. |
|
(b) A provision authorized by this section that is contained |
|
in a bond resolution is part of the contract between the authority |
|
and the bondholders. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 11 |
|
(part).) |
|
Sec. 8505.208. DEFAULT PROCEDURES. (a) This section |
|
applies only to a default in: |
|
(1) the payment of the interest on bonds as the |
|
interest becomes due and payable; |
|
(2) the payment of the principal of bonds as they |
|
become due and payable, whether at maturity, by call for |
|
redemption, or otherwise; or |
|
(3) the performance of an agreement made with the |
|
purchasers or successive holders of bonds. |
|
(b) A resolution authorizing bonds and any indenture or |
|
agreement entered into under the resolution may provide that in the |
|
event of a default described by Subsection (a) that continues for a |
|
period, if any, prescribed by the resolution, the trustee under the |
|
indenture entered into with respect to the bonds authorized by the |
|
resolution, or, if there is no indenture, a trustee appointed in the |
|
manner provided in the resolution by the holders of 25 percent in |
|
aggregate principal amount of the bonds authorized by the |
|
resolution and then outstanding may, and on the written request of |
|
the holders of 25 percent in aggregate principal amount of the bonds |
|
authorized by the resolution then outstanding, shall, in the |
|
trustee's own name, but for the equal and proportionate benefit of |
|
the holders of all of the bonds, and with or without having |
|
possession of the bonds: |
|
(1) by mandamus or other suit, action, or proceeding |
|
at law or in equity, enforce all rights of the bondholders; |
|
(2) bring suit on the bonds or the appurtenant |
|
coupons; |
|
(3) by action or suit in equity, require the authority |
|
to account as if it were the trustee of an express trust for the |
|
bondholders; |
|
(4) by action or suit in equity, enjoin any acts or |
|
things that may be unlawful or in violation of the rights of the |
|
bondholders; or |
|
(5) after such notice to the authority as the |
|
resolution may provide, declare the principal of all of the bonds |
|
due and payable, and if all defaults have been made good, then with |
|
the written consent of the holders of 25 percent in aggregate |
|
principal amount of the bonds then outstanding, annul the |
|
declaration and its consequences. |
|
(c) Notwithstanding Subsection (b), the holders of more |
|
than a majority in principal amount of the bonds authorized by the |
|
resolution and then outstanding, by written instrument delivered to |
|
the trustee, are entitled to direct and control any and all action |
|
taken or to be taken by the trustee under this section. |
|
(d) A resolution, indenture, or agreement relating to bonds |
|
may provide that in a suit, action, or proceeding under this |
|
section, the trustee, whether or not all of the bonds have been |
|
declared due and payable and with or without possession of any of |
|
the bonds, is entitled to the appointment of a receiver who may: |
|
(1) enter and take possession of all or any part of the |
|
properties of the authority; |
|
(2) operate and maintain the properties; |
|
(3) set, collect, and receive rates and charges |
|
sufficient to provide revenue adequate to pay the items specified |
|
by Section 8505.154(b) and the costs and disbursements of the suit, |
|
action, or proceeding; and |
|
(4) apply the revenue in conformity with this chapter |
|
and the resolution authorizing the bonds. |
|
(e) In a suit, action, or proceeding by a trustee under this |
|
section, the reasonable fees, attorney's fees, and expenses of the |
|
trustee and of the receiver, if any, constitute taxable |
|
disbursements, and all costs and disbursements allowed by the court |
|
are a first charge on any revenue pledged to secure the payment of |
|
the bonds. |
|
(f) The courts of Coleman County have jurisdiction of a |
|
suit, action, or proceeding by a trustee on behalf of the |
|
bondholders and of all property involved in the suit, action, or |
|
proceeding. |
|
(g) In addition to the powers specifically provided by this |
|
section, a trustee has all powers necessary or appropriate for the |
|
exercise of the powers specifically provided or incident to the |
|
general representation of the bondholders in the enforcement of |
|
their rights. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 11 |
|
(part).) |
|
Sec. 8505.209. POWER OF AUTHORITY TO PURCHASE BONDS ISSUED |
|
BY AUTHORITY. (a) Using any money available for the purpose, the |
|
authority may purchase bonds issued by it at a price not exceeding |
|
the redemption price applicable at the time of the purchase, or, if |
|
the bonds are not redeemable, at a price not exceeding the principal |
|
amount of the bonds plus accrued interest. |
|
(b) All bonds purchased under this section shall be |
|
canceled, and bonds may not be issued in lieu of those bonds. (Acts |
|
44th Leg., R.S., G.L., Ch. 338, Sec. 14.) |
|
Sec. 8505.210. BONDS EXEMPT FROM TAXATION. A bond issued |
|
under this chapter and the interest on the bond is exempt from |
|
taxation, except inheritance taxes, by this state or by any |
|
political subdivision of this state. (Acts 44th Leg., R.S., G.L., |
|
Ch. 338, Sec. 17.) |
|
SECTION 1.05. Subtitle H, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapters 8847, 8853, 8858, 8861, |
|
8862, 8863, 8864, 8865, 8866, 8867, 8868, 8869, and 8870 to read as |
|
follows: |
|
CHAPTER 8847. PINEYWOODS GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8847.001. DEFINITIONS |
|
Sec. 8847.002. NATURE OF DISTRICT |
|
Sec. 8847.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8847.004. DISTRICT TERRITORY |
|
Sec. 8847.005. ADDITION OF ADJACENT COUNTY TO DISTRICT |
|
Sec. 8847.006. LANDOWNERS' RIGHTS |
|
[Sections 8847.007-8847.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8847.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8847.052. APPOINTMENT OF DIRECTORS BY INITIAL |
|
COUNTIES |
|
Sec. 8847.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL |
|
COUNTIES |
|
Sec. 8847.054. BOARD VACANCY |
|
Sec. 8847.055. COMPENSATION; EXPENSES |
|
Sec. 8847.056. VOTE REQUIRED FOR BOARD ACTION |
|
[Sections 8847.057-8847.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8847.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8847.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT |
|
Sec. 8847.103. WELLS EXEMPT FROM REGULATION |
|
Sec. 8847.104. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS |
|
Sec. 8847.105. NO EMINENT DOMAIN POWER |
|
[Sections 8847.106-8847.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8847.151. TAXES PROHIBITED |
|
Sec. 8847.152. TAX BONDS PROHIBITED |
|
Sec. 8847.153. PERMIT FEES |
|
CHAPTER 8847. PINEYWOODS GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8847.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Pineywoods Groundwater |
|
Conservation District. (Acts 77th Leg., R.S., Ch. 1330, Sec. 2; |
|
New.) |
|
Sec. 8847.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district in Angelina and Nacogdoches |
|
Counties created under and essential to accomplish the purposes of |
|
Section 59, Article XVI, Texas Constitution. (Acts 77th Leg., |
|
R.S., Ch. 1330, Secs. 1(a) (part), (b).) |
|
Sec. 8847.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1330, Sec. 4.) |
|
Sec. 8847.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Angelina and |
|
Nacogdoches Counties unless the district's territory has been |
|
modified under: |
|
(1) Section 8847.005; |
|
(2) Subchapter J or K, Chapter 36, Water Code; or |
|
(3) other law. (Acts 77th Leg., R.S., Ch. 1330, Sec. 3; |
|
New.) |
|
Sec. 8847.005. ADDITION OF ADJACENT COUNTY TO DISTRICT. |
|
(a) An adjacent county may petition to join the district by |
|
resolution of the commissioners court of the county. |
|
(b) If, after a hearing on the resolution, the board finds |
|
that the addition of the county would benefit the district and the |
|
county to be added, the board by resolution may approve the addition |
|
of the county to the district. |
|
(c) The addition of a county to the district under this |
|
section is not final until ratified by a majority vote of the voters |
|
in the county to be added voting in an election held for that |
|
purpose. |
|
(d) The ballots for the election shall be printed to provide |
|
for voting for or against the proposition: "The inclusion of |
|
________ County in the Pineywoods Groundwater Conservation |
|
District." (Acts 77th Leg., R.S., Ch. 1330, Secs. 11(a), (b), (c), |
|
(d).) |
|
Sec. 8847.006. LANDOWNERS' RIGHTS. The rights of |
|
landowners and their lessees and assigns in groundwater within the |
|
district are recognized. Nothing in this chapter may be construed |
|
to deprive or divest the landowners or their lessees or assigns of |
|
those rights, subject to district rules. (Acts 77th Leg., R.S., Ch. |
|
1330, Sec. 9.) |
|
[Sections 8847.007-8847.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8847.051. COMPOSITION OF BOARD; TERMS. (a) Except as |
|
provided by Section 8847.053, the district is governed by a board of |
|
seven directors appointed under Section 8847.052. |
|
(b) Directors serve three-year terms. |
|
(c) A director may serve consecutive terms. (Acts 77th |
|
Leg., R.S., Ch. 1330, Secs. 6(a) (part), (b) (part), (f).) |
|
Sec. 8847.052. APPOINTMENT OF DIRECTORS BY INITIAL |
|
COUNTIES. (a) The Angelina County Commissioners Court shall |
|
appoint two directors. One director shall represent the rural water |
|
and utilities and small municipal water supply interests. The other |
|
director shall represent the large industrial groundwater supply |
|
interests of the county. |
|
(b) The Nacogdoches County Commissioners Court shall |
|
appoint two directors. One director shall represent the rural water |
|
and utilities and small municipal water supply interests. The other |
|
director shall represent the forestry or agricultural groundwater |
|
supply interests of the county. |
|
(c) The Lufkin City Council shall appoint one director. |
|
(d) The Nacogdoches City Council shall appoint one |
|
director. |
|
(e) The Angelina County Commissioners Court and the |
|
Nacogdoches County Commissioners Court shall jointly appoint one |
|
director to represent the forestry, agricultural, or landowner |
|
groundwater interests of both counties. (Acts 77th Leg., R.S., Ch. |
|
1330, Secs. 7(a), (b), (c), (d), (e).) |
|
Sec. 8847.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL |
|
COUNTIES. When a county is added to the district, the board may |
|
change the number of directors so that an equal number of directors |
|
are appointed from each county and one director is appointed |
|
jointly by the counties. (Acts 77th Leg., R.S., Ch. 1330, Sec. 6(a) |
|
(part).) |
|
Sec. 8847.054. BOARD VACANCY. If there is a vacancy on the |
|
board, the governing body of the entity that appointed the director |
|
who vacated the office shall appoint a director to serve the |
|
remainder of the term. (Acts 77th Leg., R.S., Ch. 1330, Sec. 6(g).) |
|
Sec. 8847.055. COMPENSATION; EXPENSES. (a) A director is |
|
not entitled to receive compensation for serving as a director. |
|
(b) A director may be reimbursed for actual, reasonable |
|
expenses incurred in discharging official duties. (Acts 77th Leg., |
|
R.S., Ch. 1330, Sec. 6(h).) |
|
Sec. 8847.056. VOTE REQUIRED FOR BOARD ACTION. A majority |
|
vote of a quorum of the board is required for board action. If there |
|
is a tie vote, the proposed action fails. (Acts 77th Leg., R.S., |
|
Ch. 1330, Sec. 6(i).) |
|
[Sections 8847.057-8847.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8847.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. Except as provided by this subchapter and Subchapter D, |
|
the district has the rights, powers, privileges, functions, and |
|
duties provided by the general law of this state, including Chapter |
|
36, Water Code, applicable to groundwater conservation districts |
|
created under Section 59, Article XVI, Texas Constitution. (Acts |
|
77th Leg., R.S., Ch. 1330, Sec. 5(a) (part).) |
|
Sec. 8847.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT. |
|
(a) The district by rule may require a person to obtain a permit |
|
from the district for the transfer of groundwater out of the |
|
district consistent with Section 36.122, Water Code, and may |
|
regulate the terms on which a permit holder under those rules may |
|
conduct such a transfer. |
|
(b) A retail public utility as defined by Section 13.002, |
|
Water Code, is not required to obtain a permit to transfer |
|
groundwater out of the district if: |
|
(1) the source of the water is one or more wells |
|
located within the district; and |
|
(2) the water is used by the retail public utility to |
|
provide retail water utility service, as defined by Section 13.002, |
|
Water Code, in a service area located in a county adjacent to the |
|
district. (Acts 77th Leg., R.S., Ch. 1330, Sec. 5(b).) |
|
Sec. 8847.103. WELLS EXEMPT FROM REGULATION. (a) The |
|
district may not require a permit for a well incapable of producing |
|
more than 25,000 gallons of groundwater a day. |
|
(b) A well meeting the criteria established under Section |
|
36.117, Water Code, including a well used for dewatering and |
|
monitoring in the production of coal and lignite, is exempt from |
|
permit requirements, regulations, and fees imposed by the district. |
|
(Acts 77th Leg., R.S., Ch. 1330, Secs. 5(c), (f).) |
|
Sec. 8847.104. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS. |
|
The district may not purchase groundwater rights unless the |
|
purchased rights are acquired for conservation purposes and are |
|
permanently held in trust not to be produced. (Acts 77th Leg., R.S., |
|
Ch. 1330, Sec. 5(g) (part).) |
|
Sec. 8847.105. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. (Acts 77th Leg., R.S., Ch. |
|
1330, Sec. 5(g) (part).) |
|
[Sections 8847.106-8847.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8847.151. TAXES PROHIBITED. The district may not |
|
impose taxes in the district. (Acts 77th Leg., R.S., Ch. 1330, Sec. |
|
5(d).) |
|
Sec. 8847.152. TAX BONDS PROHIBITED. The district may not |
|
issue and sell any bonds or notes that pledge revenue derived from |
|
taxation in the name of the district. (Acts 77th Leg., R.S., Ch. |
|
1330, Sec. 5(g) (part).) |
|
Sec. 8847.153. PERMIT FEES. (a) The board by rule may |
|
impose a reasonable fee on each well for which a permit is issued by |
|
the district and that is not exempt from regulation by the district. |
|
(b) The fee must be based on the amount of water to be |
|
withdrawn from the well. |
|
(c) The fee may not exceed $0.025 per thousand gallons of |
|
groundwater withdrawn for any purpose. (Acts 77th Leg., R.S., Ch. |
|
1330, Sec. 5(e).) |
|
CHAPTER 8853. KENEDY COUNTY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8853.001. DEFINITIONS |
|
Sec. 8853.002. NATURE OF DISTRICT |
|
Sec. 8853.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8853.004. DISTRICT TERRITORY |
|
[Sections 8853.005-8853.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8853.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8853.052. ELECTION OF DIRECTORS |
|
Sec. 8853.053. ELECTION DATE |
|
Sec. 8853.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 8853.055. APPLICATION FOR PLACEMENT ON BALLOT |
|
Sec. 8853.056. REVISION OF SINGLE-MEMBER DISTRICTS |
|
Sec. 8853.057. COMPENSATION OF DIRECTORS |
|
[Sections 8853.058-8853.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS |
|
Sec. 8853.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
[Sections 8853.102-8853.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8853.151. LIMITATION ON TAXATION |
|
CHAPTER 8853. KENEDY COUNTY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8853.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Kenedy County Groundwater |
|
Conservation District. (Acts 78th Leg., R.S., Ch. 1152, Sec. 1; Ch. |
|
1162, Sec. 1; New.) |
|
Sec. 8853.002. NATURE OF DISTRICT. (a) The district is a |
|
groundwater conservation district in Kenedy County created under |
|
and essential to accomplish the purposes of Section 59, Article |
|
XVI, Texas Constitution. |
|
(b) The district is a political subdivision of this state. |
|
(Acts 78th Leg., R.S., Ch. 1152, Secs. 2(a) (part), (b), 3(b); Ch. |
|
1162, Secs. 2(a) (part), (b), 3(b).) |
|
Sec. 8853.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 78th Leg., R.S., Ch. 1152, Secs. 3(a), |
|
(c); Ch. 1162, Secs. 3(a), (c).) |
|
Sec. 8853.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 4, Chapter 1152, |
|
Acts of the 78th Legislature, Regular Session, 2003, as that |
|
territory may have been modified under: |
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
(2) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. (Acts 78th Leg., R.S., Ch. 1152, Sec. 4(f); New.) |
|
[Sections 8853.005-8853.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8853.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 78th |
|
Leg., R.S., Ch. 1152, Secs. 6(a), (d); Ch. 1162, Secs. 6(a), (d).) |
|
Sec. 8853.052. ELECTION OF DIRECTORS. (a) The district is |
|
divided into five single-member districts for electing directors. |
|
(b) One director is elected from each single-member |
|
district. (Acts 78th Leg., R.S., Ch. 1152, Secs. 9A(a) (part), (d); |
|
Ch. 1162, Secs. 8A(a) (part), (d).) |
|
Sec. 8853.053. ELECTION DATE. Each even-numbered year, on |
|
the uniform election date in May or another date authorized by law, |
|
the appropriate number of directors shall be elected. (Acts 78th |
|
Leg., R.S., Ch. 1152, Sec. 11(b); Ch. 1162, Sec. 10(b).) |
|
Sec. 8853.054. QUALIFICATIONS FOR OFFICE. (a) To be a |
|
candidate for or to serve as a director, a person must be a |
|
registered voter in the single-member district the person |
|
represents or seeks to represent. |
|
(b) A director in office on the effective date of a change in |
|
the boundaries of a single-member district under Section |
|
8853.056(a), or a director elected or appointed before the |
|
effective date of the change whose term of office begins on or after |
|
the effective date of the change, shall serve for the remainder of |
|
the director's term in the single-member district to which the |
|
director was elected or appointed even though the change in |
|
boundaries places the director's residence outside the district to |
|
which the director was elected or appointed. (Acts 78th Leg., R.S., |
|
Ch. 1152, Secs. 9A(e), (g) (part); Ch. 1162, Secs. 8A(e), (g) |
|
(part).) |
|
Sec. 8853.055. APPLICATION FOR PLACEMENT ON BALLOT. A |
|
person shall indicate on the application for a place on the ballot |
|
the single-member district the person seeks to represent. (Acts |
|
78th Leg., R.S., Ch. 1152, Sec. 9A(f); Ch. 1162, Sec. 8A(f).) |
|
Sec. 8853.056. REVISION OF SINGLE-MEMBER DISTRICTS. |
|
(a) After each federal decennial census or as needed, the board |
|
may redraw the single-member districts to reflect population |
|
changes. |
|
(b) If the district annexes territory, the annexed |
|
territory becomes part of one or more of the single-member |
|
districts as determined by the board. (Acts 78th Leg., R.S., Ch. |
|
1152, Secs. 9A(c), (g) (part); Ch. 1162, Secs. 8A(c), (g) (part).) |
|
Sec. 8853.057. COMPENSATION OF DIRECTORS. A director is |
|
not entitled to fees of office but is entitled to reimbursement of |
|
actual expenses reasonably and necessarily incurred while engaging |
|
in activities on behalf of the district. (Acts 78th Leg., R.S., Ch. |
|
1152, Sec. 7.) |
|
[Sections 8853.058-8853.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS |
|
Sec. 8853.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapter 36, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 78th Leg., R.S., Ch. 1152, Sec. 12; Ch. 1162, |
|
Sec. 11.) |
|
[Sections 8853.102-8853.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8853.151. LIMITATION ON TAXATION. The district may |
|
impose a tax to pay any part of bonds or notes issued by the district |
|
at a rate not to exceed 20 cents on each $100 of assessed valuation. |
|
(Acts 78th Leg., R.S., Ch. 1152, Sec. 13.) |
|
CHAPTER 8858. KIMBLE COUNTY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8858.001. DEFINITIONS |
|
Sec. 8858.002. NATURE OF DISTRICT |
|
Sec. 8858.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8858.004. DISTRICT TERRITORY |
|
[Sections 8858.005-8858.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8858.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8858.052. ELECTION OF DIRECTORS |
|
Sec. 8858.053. ELECTION DATE |
|
Sec. 8858.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 8858.055. REVISION OF SINGLE-MEMBER DISTRICTS |
|
Sec. 8858.056. COMPENSATION; EXPENSES |
|
[Sections 8858.057-8858.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8858.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
[Sections 8858.102-8858.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8858.151. LIMITATION ON TAXES FOR BONDS OR NOTES |
|
CHAPTER 8858. KIMBLE COUNTY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8858.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Kimble County Groundwater |
|
Conservation District. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.0702; New.) |
|
Sec. 8858.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district in Kimble County created under |
|
and essential to accomplish the purposes of Section 59, Article |
|
XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 966, Secs. |
|
3.0701(a) (part), (b).) |
|
Sec. 8858.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0704.) |
|
Sec. 8858.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Kimble County, |
|
excluding that part of Kimble County that lies within the |
|
boundaries of Hickory Underground Water Conservation District No. |
|
1, unless the district's territory has been modified under: |
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
(2) other law. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.0703; New.) |
|
[Sections 8858.005-8858.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8858.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 77th |
|
Leg., R.S., Ch. 966, Secs. 3.0706(a), (d).) |
|
Sec. 8858.052. ELECTION OF DIRECTORS. (a) The district is |
|
divided into five numbered single-member districts for electing |
|
directors. |
|
(b) One director is elected from each single-member |
|
district. A director elected from a single-member district |
|
represents the residents of that single-member district. (Acts |
|
77th Leg., R.S., Ch. 966, Secs. 3.0709(a), (b).) |
|
Sec. 8858.053. ELECTION DATE. Each even-numbered year, on |
|
the uniform election date in May or another date authorized by law, |
|
the appropriate number of directors shall be elected. (Acts 77th |
|
Leg., R.S., Ch. 966, Sec. 3.0711(b).) |
|
Sec. 8858.054. QUALIFICATIONS FOR OFFICE. To be qualified |
|
to be a candidate for or to serve as director, a person must be a |
|
registered voter in the single-member district that the person |
|
represents or seeks to represent. (Acts 77th Leg., R.S., Ch. 966, |
|
Sec. 3.0709(c).) |
|
Sec. 8858.055. REVISION OF SINGLE-MEMBER DISTRICTS. |
|
(a) The board may revise the single-member districts as necessary |
|
or appropriate. |
|
(b) The board shall revise each single-member district |
|
after each federal decennial census to reflect population changes. |
|
(c) At the first election after the single-member districts |
|
are revised, a new director shall be elected from each district. |
|
The directors shall draw lots to determine which two directors |
|
serve two-year terms and which three directors serve four-year |
|
terms. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0709(d).) |
|
Sec. 8858.056. COMPENSATION; EXPENSES. A director is not |
|
entitled to fees of office but is entitled to reimbursement of |
|
actual expenses reasonably and necessarily incurred while engaging |
|
in activities on behalf of the district. (Acts 77th Leg., R.S., Ch. |
|
966, Sec. 3.0707.) |
|
[Sections 8858.057-8858.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8858.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapter 36, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0705(a) |
|
(part).) |
|
[Sections 8858.102-8858.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8858.151. LIMITATION ON TAXES FOR BONDS OR NOTES. The |
|
district, to pay any part of bonds or notes issued by the district, |
|
may not impose a tax that exceeds 20 cents on each $100 of assessed |
|
valuation. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0712.) |
|
CHAPTER 8861. MENARD COUNTY UNDERGROUND WATER DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8861.001. DEFINITIONS |
|
Sec. 8861.002. NATURE OF DISTRICT |
|
Sec. 8861.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8861.004. DISTRICT TERRITORY |
|
[Sections 8861.005-8861.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8861.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8861.052. ELECTION DATE |
|
Sec. 8861.053. COMPENSATION; EXPENSES |
|
[Sections 8861.054-8861.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8861.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8861.102. AUTHORITY OF DISTRICT TO REQUIRE |
|
PERMITS FOR CERTAIN WELLS |
|
CHAPTER 8861. MENARD COUNTY UNDERGROUND WATER DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8861.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Menard County Underground |
|
Water District. (Acts 72nd Leg., R.S., Ch. 180, Sec. 2; New.) |
|
Sec. 8861.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district in Menard County created under |
|
and essential to accomplish the purposes of Section 59, Article |
|
XVI, Texas Constitution. (Acts 72nd Leg., R.S., Ch. 180, Secs. 1(a) |
|
(part), (b).) |
|
Sec. 8861.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 72nd Leg., R.S., Ch. 180, Sec. 5.) |
|
Sec. 8861.004. DISTRICT TERRITORY. (a) Except as provided |
|
by Subsection (b), the district includes the territory in Menard |
|
County unless the district's territory has been modified under: |
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
(2) other law. |
|
(b) The district does not include the territory in the |
|
Hickory Underground Water Conservation District No. 1 as that |
|
territory existed on May 24, 1991. |
|
(c) The boundaries of the district form a closure. (Acts |
|
72nd Leg., R.S., Ch. 180, Secs. 3, 4; New.) |
|
[Sections 8861.005-8861.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8861.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 72nd |
|
Leg., R.S., Ch. 180, Secs. 7(a), (d).) |
|
Sec. 8861.052. ELECTION DATE. Every two years, on the |
|
uniform election date in May or another date authorized by law, the |
|
appropriate number of directors shall be elected. (Acts 72nd Leg., |
|
R.S., Ch. 180, Sec. 10 (part).) |
|
Sec. 8861.053. COMPENSATION; EXPENSES. A director is not |
|
entitled to compensation for service on the board but may be |
|
reimbursed as provided by board rules for expenses incurred in |
|
carrying out the business of the district. (Acts 72nd Leg., R.S., |
|
Ch. 180, Sec. 7(g).) |
|
[Sections 8861.054-8861.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8861.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapters 36 and 49, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 72nd Leg., R.S., Ch. 180, Sec. 6(a) (part).) |
|
Sec. 8861.102. AUTHORITY OF DISTRICT TO REQUIRE PERMITS FOR |
|
CERTAIN WELLS. The district may require a permit for a well used |
|
for domestic purposes or to provide water for livestock, poultry, |
|
or wildlife if the well is: |
|
(1) on a tract of land smaller than 100 acres; |
|
(2) less than 500 feet deep; and |
|
(3) drilled, completed, or equipped so that the well |
|
is capable of producing more than 9,000 gallons of groundwater per |
|
day. (Acts 72nd Leg., R.S., Ch. 180, Sec. 6A.) |
|
CHAPTER 8862. MIDDLE TRINITY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8862.001. DEFINITIONS |
|
Sec. 8862.002. NATURE OF DISTRICT |
|
Sec. 8862.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8862.004. DISTRICT TERRITORY |
|
[Sections 8862.005-8862.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8862.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8862.052. ELECTION OF DIRECTORS |
|
Sec. 8862.053. ELECTION DATE |
|
Sec. 8862.054. QUALIFICATION FOR OFFICE |
|
Sec. 8862.055. COMPOSITION OF BOARD AND ELECTION OF |
|
DIRECTORS FOLLOWING ANNEXATION OF ONE |
|
OR TWO COUNTIES |
|
Sec. 8862.056. COMPOSITION OF BOARD AND ELECTION OF |
|
DIRECTORS FOLLOWING ANNEXATION OF |
|
MORE THAN TWO COUNTIES |
|
[Sections 8862.057-8862.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8862.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8862.102. DISTRICT RULES; ENFORCEMENT |
|
[Sections 8862.103-8862.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8862.151. MAINTENANCE AND OPERATION TAX |
|
CHAPTER 8862. MIDDLE TRINITY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8862.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Middle Trinity Groundwater |
|
Conservation District. (Acts 77th Leg., R.S., Ch. 1362, Sec. 2.) |
|
Sec. 8862.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district created under and essential to |
|
accomplish the purposes of Section 59, Article XVI, Texas |
|
Constitution. (Acts 77th Leg., R.S., Ch. 1362, Secs. 1(a) (part), |
|
(b).) |
|
Sec. 8862.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1362, Sec. 4.) |
|
Sec. 8862.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Erath, Comanche, |
|
Bosque, and Coryell Counties, unless the district's territory has |
|
been modified under: |
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
(2) other law. (Acts 77th Leg., R.S., Ch. 1362, Sec. |
|
3; New.) |
|
[Sections 8862.005-8862.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8862.051. COMPOSITION OF BOARD; TERMS. (a) Except as |
|
provided by Subsection (c) and Sections 8862.055 and 8862.056, the |
|
district is governed by a board of six directors. |
|
(b) Directors serve staggered four-year terms. |
|
(c) The board by resolution may change the number of |
|
directors elected from a county in the district for the purpose of |
|
equalizing representation of the residents of the district. |
|
(d) Section 36.051(a), Water Code, does not apply to the |
|
district. (Acts 77th Leg., R.S., Ch. 1362, Secs. 6(a), (d), (g), |
|
9(c).) |
|
Sec. 8862.052. ELECTION OF DIRECTORS. Except as provided |
|
by Sections 8862.051(c) and 8862.056, three directors shall be |
|
elected from each county in the district. (Acts 77th Leg., R.S., Ch. |
|
1362, Sec. 9(a).) |
|
Sec. 8862.053. ELECTION DATE. Except as provided by |
|
Sections 8862.055 and 8862.056, each even-numbered year, on the |
|
uniform election date in May or another date authorized by law, the |
|
appropriate number of directors shall be elected. (Acts 77th Leg., |
|
R.S., Ch. 1362, Sec. 11(b).) |
|
Sec. 8862.054. QUALIFICATION FOR OFFICE. To be qualified |
|
to be a candidate for or serve as director, a person must be a |
|
registered voter in the county the person seeks to represent. (Acts |
|
77th Leg., R.S., Ch. 1362, Sec. 9(b).) |
|
Sec. 8862.055. COMPOSITION OF BOARD AND ELECTION OF |
|
DIRECTORS FOLLOWING ANNEXATION OF ONE OR TWO COUNTIES. (a) This |
|
section applies only following the annexation by the district under |
|
Subchapter J, Chapter 36, Water Code, of the territory of one or two |
|
additional counties. |
|
(b) Not later than the 90th day after the date of an election |
|
in which the annexation of a county to the district is ratified by a |
|
majority vote of the voters of that county, the commissioners court |
|
of the annexed county shall appoint three temporary directors to |
|
the board. Temporary directors serve until initial permanent |
|
directors are elected under Subsection (c). |
|
(c) In the first odd-numbered year following the election in |
|
which annexation of a county is ratified, on the uniform election |
|
date in May or another date authorized by law, initial permanent |
|
directors shall be elected from that county. The initial permanent |
|
directors from the county shall draw lots to determine who will |
|
serve a four-year term and who will serve a two-year term. |
|
(d) In each odd-numbered year following the election of |
|
initial permanent directors under Subsection (c), on the uniform |
|
election date in May or another date authorized by law, the |
|
appropriate number of directors from the annexed county shall be |
|
elected. (Acts 77th Leg., R.S., Ch. 1362, Sec. 11A.) |
|
Sec. 8862.056. COMPOSITION OF BOARD AND ELECTION OF |
|
DIRECTORS FOLLOWING ANNEXATION OF MORE THAN TWO COUNTIES. |
|
(a) This section applies only following the annexation by the |
|
district under Subchapter J, Chapter 36, Water Code, of the |
|
territory of a third additional county or the simultaneous or |
|
subsequent annexation of the territory of other additional |
|
counties. |
|
(b) After annexation, two directors shall be elected from |
|
each county in the district as provided by this section. |
|
(c) Not later than the 90th day after the date of an election |
|
in which the annexation of a county is ratified by a majority vote |
|
of the voters of that county, the commissioners court of each |
|
annexed county shall appoint two temporary directors to the board. |
|
Temporary directors serve until initial permanent directors are |
|
elected under Subsection (d). |
|
(d) In the first odd-numbered year following the election in |
|
which annexation of a county is ratified, on the uniform election |
|
date in May or another date authorized by law, initial permanent |
|
directors shall be elected from that county. The initial permanent |
|
directors from the county shall draw lots to determine who will |
|
serve a four-year term and who will serve a two-year term. |
|
(e) On the date of the next regularly scheduled directors' |
|
election in an even-numbered year following the election in which |
|
annexation of a county is ratified: |
|
(1) one director position from Comanche County and one |
|
director position from Erath County are abolished; and |
|
(2) the terms of the directors serving in those |
|
positions expire on the date of the election. |
|
(f) On the date of the next regularly scheduled directors' |
|
election in an odd-numbered year following the election in which |
|
annexation of the county is ratified: |
|
(1) one director position from each of the first two |
|
counties annexed by the district is abolished; and |
|
(2) the terms of the directors serving in those |
|
positions expire on the date of the election. |
|
(g) If more than one position described by Subsection (e)(1) |
|
or (f)(1) is scheduled for election in Comanche County, Erath |
|
County, or one of the first two counties annexed by the district, |
|
the directors of the county shall draw lots to determine which |
|
position shall be abolished in accordance with Subsections (e) and |
|
(f). |
|
(h) Each odd-numbered year following the election of |
|
initial permanent directors under Subsection (d), on the uniform |
|
election date in May or another date authorized by law, the |
|
appropriate number of directors from the annexed county shall be |
|
elected. (Acts 77th Leg., R.S., Ch. 1362, Sec. 11B.) |
|
[Sections 8862.057-8862.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8862.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapter 36, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 77th Leg., R.S., Ch. 1362, Sec. 5(a) (part).) |
|
Sec. 8862.102. DISTRICT RULES; ENFORCEMENT. (a) Any rules |
|
adopted by the district as authorized by this chapter and Chapter |
|
36, Water Code, apply to all persons and entities except as exempted |
|
under Section 36.117, Water Code. |
|
(b) The district may enforce its rules and the provisions of |
|
Chapter 36, Water Code, in the manner authorized by that chapter. In |
|
addition to the remedies provided under Section 36.102, Water Code, |
|
the district may impose a fee on a person or entity for violation of |
|
a rule of the district or failure to comply with an order issued by |
|
the district. (Acts 77th Leg., R.S., Ch. 1362, Sec. 13, as added |
|
Acts 81st Leg., R.S., Ch. 521.) |
|
[Sections 8862.103-8862.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8862.151. MAINTENANCE AND OPERATION TAX. To pay the |
|
maintenance and operating expenses of the district, the board of |
|
directors may impose taxes annually at a rate not to exceed five |
|
cents on each $100 of assessed valuation. (Acts 77th Leg., R.S., Ch. |
|
1362, Sec. 12.) |
|
CHAPTER 8863. NECHES AND TRINITY VALLEYS GROUNDWATER |
|
CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8863.001. DEFINITIONS |
|
Sec. 8863.002. NATURE OF DISTRICT |
|
Sec. 8863.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8863.004. DISTRICT TERRITORY |
|
Sec. 8863.005. ADDITION OF UNDERGROUND WATER |
|
CONSERVATION DISTRICT OR ADJACENT |
|
COUNTY TO DISTRICT |
|
[Sections 8863.006-8863.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8863.051. COMPOSITION OF BOARD |
|
Sec. 8863.052. APPOINTMENT OF DIRECTORS |
|
Sec. 8863.053. TERMS |
|
Sec. 8863.054. BOARD VACANCY |
|
Sec. 8863.055. COMPENSATION; EXPENSES |
|
Sec. 8863.056. VOTE REQUIRED FOR BOARD ACTION |
|
[Sections 8863.057-8863.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8863.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8863.102. WELLS EXEMPT FROM REGULATION |
|
Sec. 8863.103. TRANSFER OF GROUNDWATER OUT OF DISTRICT |
|
Sec. 8863.104. NO EMINENT DOMAIN POWER |
|
Sec. 8863.105. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS |
|
[Sections 8863.106-8863.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8863.151. AUTHORITY TO SET FEES; LIMITS |
|
Sec. 8863.152. TAXES PROHIBITED |
|
Sec. 8863.153. LIMIT ON ISSUANCE OF BONDS AND NOTES |
|
CHAPTER 8863. NECHES AND TRINITY VALLEYS GROUNDWATER |
|
CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8863.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Neches and Trinity Valleys |
|
Groundwater Conservation District. (Acts 77th Leg., R.S., Ch. |
|
1387, Sec. 2; New.) |
|
Sec. 8863.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district in Anderson, Cherokee, and |
|
Henderson Counties created under and essential to accomplish the |
|
purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
77th Leg., R.S., Ch. 1387, Secs. 1(a) (part), (b).) |
|
Sec. 8863.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1387, Sec. 4.) |
|
Sec. 8863.004. DISTRICT TERRITORY. The district is |
|
composed of the territory described by Section 3, Chapter 1387, |
|
Acts of the 77th Legislature, Regular Session, 2001, as that |
|
territory may have been modified under: |
|
(1) Section 8863.005 or its predecessor statute, |
|
former Section 10, Chapter 1387, Acts of the 77th Legislature, |
|
Regular Session, 2001; |
|
(2) Subchapter J or K, Chapter 36, Water Code; or |
|
(3) other law. (New.) |
|
Sec. 8863.005. ADDITION OF UNDERGROUND WATER CONSERVATION |
|
DISTRICT OR ADJACENT COUNTY TO DISTRICT. (a) An adjacent county |
|
or an underground water conservation district the boundaries of |
|
which lie wholly within the boundaries of the district may petition |
|
to join the district by resolution of the commissioners court of the |
|
county or the board of directors of the underground water |
|
conservation district. |
|
(b) If, after a hearing on the resolution, the board finds |
|
that the addition of the county or underground water conservation |
|
district would benefit the district and the county or underground |
|
water conservation district to be added, the board by resolution |
|
may approve the addition of the county or underground water |
|
conservation district to the district. |
|
(c) The addition of a county or underground water |
|
conservation district to the district under this section is not |
|
final until ratified by a majority vote of the voters in the county |
|
or within the boundaries of the underground water conservation |
|
district to be added voting in an election held for that purpose. |
|
(d) The ballot for the election shall be printed to provide |
|
for voting for or against the proposition: "The inclusion of |
|
_______ County in the Neches and Trinity Valleys Groundwater |
|
Conservation District" or "The inclusion of ________ Underground |
|
Water Conservation District in the Neches and Trinity Valleys |
|
Groundwater Conservation District." (Acts 77th Leg., R.S., Ch. |
|
1387, Secs. 10(a), (b), (c), (d).) |
|
[Sections 8863.006-8863.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8863.051. COMPOSITION OF BOARD. The district is |
|
governed by a board of directors appointed as provided by Section |
|
8863.052. (Acts 77th Leg., R.S., Ch. 1387, Sec. 6(a).) |
|
Sec. 8863.052. APPOINTMENT OF DIRECTORS. (a) The |
|
commissioners court of each county in the district shall appoint: |
|
(1) one director to represent the rural water and |
|
utilities and small municipal water supply interests of the county; |
|
and |
|
(2) one director to represent the agriculture, |
|
industry, or landowner groundwater supply interests of the county. |
|
(b) The governing body of the most populous municipality in |
|
each county in the district, acting jointly with the governing body |
|
of the most populous municipality in each other county in the |
|
district, shall appoint one director to represent those |
|
municipalities. The governing bodies shall appoint residents of |
|
the district on a rotating basis so that a resident of each county |
|
is appointed every sixth year. (Acts 77th Leg., R.S., Ch. 1387, |
|
Secs. 7(a), (b).) |
|
Sec. 8863.053. TERMS. (a) Directors appointed under |
|
Section 8863.052(a) serve staggered four-year terms, with the term |
|
of one director appointed by the commissioners court of each county |
|
expiring every two years. The director appointed jointly under |
|
Section 8863.052(b) serves a two-year term. |
|
(b) A director may serve consecutive terms. |
|
(c) A director serves at the pleasure of the political |
|
subdivision that appointed the director. (Acts 77th Leg., R.S., |
|
Ch. 1387, Secs. 6(b), (c) (part), (g).) |
|
Sec. 8863.054. BOARD VACANCY. If there is a vacancy on the |
|
board, the governing body of the entity that appointed the director |
|
who vacated the office shall appoint a director to serve the |
|
remainder of the term. (Acts 77th Leg., R.S., Ch. 1387, Sec. 6(h).) |
|
Sec. 8863.055. COMPENSATION; EXPENSES. (a) A director is |
|
not entitled to receive compensation for serving as a director. |
|
(b) A director may be reimbursed for actual, reasonable |
|
expenses incurred in discharging official duties. (Acts 77th Leg., |
|
R.S., Ch. 1387, Sec. 6(i).) |
|
Sec. 8863.056. VOTE REQUIRED FOR BOARD ACTION. A majority |
|
vote of a quorum of the board is required for board action. If there |
|
is a tie vote, the proposed action fails. (Acts 77th Leg., R.S., |
|
Ch. 1387, Sec. 6(j).) |
|
[Sections 8863.057-8863.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8863.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. Except as provided by this subchapter and Subchapter D, |
|
the district has the rights, powers, privileges, functions, and |
|
duties provided by the general law of this state, including Chapter |
|
36, Water Code, applicable to groundwater conservation districts |
|
created under Section 59, Article XVI, Texas Constitution. (Acts |
|
77th Leg., R.S., Ch. 1387, Sec. 5(a) (part).) |
|
Sec. 8863.102. WELLS EXEMPT FROM REGULATION. A well |
|
meeting the criteria established under Section 36.117, Water Code, |
|
including a well used for dewatering and monitoring in the |
|
production of coal and lignite, is exempt from permit requirements, |
|
regulations, and fees imposed by the district. (Acts 77th Leg., |
|
R.S., Ch. 1387, Sec. 5(e).) |
|
Sec. 8863.103. TRANSFER OF GROUNDWATER OUT OF DISTRICT. |
|
(a) In this section, "retail public utility" has the meaning |
|
assigned by Section 13.002, Water Code. |
|
(b) The district by rule may require a person to obtain a |
|
permit from the district for the transfer of groundwater out of the |
|
district consistent with Section 36.122, Water Code. |
|
(c) The district may determine that a transfer of |
|
groundwater produced within the district's boundaries for use |
|
outside the district's boundaries will not be considered a transfer |
|
outside the district if the transfer: |
|
(1) is for use as a potable water supply by a retail |
|
public utility and is within an authorized service area of which an |
|
appropriate portion, as determined by the district, is located |
|
inside the district's boundaries; or |
|
(2) involves an emergency potable water interconnect |
|
between retail public utilities. (Acts 77th Leg., R.S., Ch. 1387, |
|
Sec. 5(b).) |
|
Sec. 8863.104. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. (Acts 77th Leg., R.S., |
|
Ch. 1387, Sec. 5(f) (part).) |
|
Sec. 8863.105. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS. |
|
The district may not purchase groundwater rights unless the |
|
purchased rights are acquired for conservation purposes and are |
|
permanently held in trust not to be produced. (Acts 77th Leg., |
|
R.S., Ch. 1387, Sec. 5(f) (part).) |
|
[Sections 8863.106-8863.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8863.151. AUTHORITY TO SET FEES; LIMITS. (a) The |
|
board may set fees for administrative acts of the district, such as |
|
filing applications. A fee may not unreasonably exceed the cost to |
|
the district of performing the administrative function for which |
|
the fee is charged. |
|
(b) The board shall set and collect fees for all services |
|
provided outside the boundaries of the district. The fees may not |
|
unreasonably exceed the cost to the district of providing the |
|
services outside the district. |
|
(c) The board may assess production fees based on the amount |
|
of water authorized by permit to be withdrawn from a well or the |
|
amount actually withdrawn. The district may assess the fees in lieu |
|
of, or in conjunction with, any taxes otherwise imposed by the |
|
district. The district may use revenue generated by the fees for |
|
any lawful purpose. Production fees may not exceed: |
|
(1) $1 per acre-foot payable annually for water used |
|
for agricultural use; or |
|
(2) $10 per acre-foot payable annually for water used |
|
for any other purpose. |
|
(d) The board may assess a production fee under Subsection |
|
(c) for any water that is: |
|
(1) produced under an exemption under Section 36.117, |
|
Water Code; and |
|
(2) subsequently sold to another person. |
|
(e) The district may not assess a fee of any type on a well |
|
if the well's production is used only for domestic, agricultural, |
|
or wildlife purposes within the district. (Acts 77th Leg., R.S., |
|
Ch. 1387, Secs. 5(d), (g).) |
|
Sec. 8863.152. TAXES PROHIBITED. The district may not |
|
impose taxes in the district. (Acts 77th Leg., R.S., Ch. 1387, Sec. |
|
5(c).) |
|
Sec. 8863.153. LIMIT ON ISSUANCE OF BONDS AND NOTES. The |
|
district may not issue and sell bonds or notes in the name of the |
|
district. (Acts 77th Leg., R.S., Ch. 1387, Sec. 5(f) (part).) |
|
CHAPTER 8864. PECAN VALLEY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8864.001. DEFINITIONS |
|
Sec. 8864.002. NATURE OF DISTRICT |
|
Sec. 8864.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8864.004. DISTRICT TERRITORY |
|
[Sections 8864.005-8864.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8864.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8864.052. ELECTION OF DIRECTORS |
|
Sec. 8864.053. ELECTION DATE |
|
Sec. 8864.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 8864.055. BOARD VACANCY |
|
[Sections 8864.056-8864.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8864.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
[Sections 8864.102-8864.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8864.151. LIMITATION ON TAXES |
|
CHAPTER 8864. PECAN VALLEY GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8864.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Pecan Valley Groundwater |
|
Conservation District. (Acts 77th Leg., R.S., Ch. 1343, Sec. 2; |
|
New.) |
|
Sec. 8864.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district in DeWitt County created under |
|
and essential to accomplish the purposes of Section 59, Article |
|
XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1343, Secs. |
|
1(a) (part), (b).) |
|
Sec. 8864.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1343, Sec. 4.) |
|
Sec. 8864.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of DeWitt County |
|
unless the district's territory has been modified under: |
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
(2) other law. (Acts 77th Leg., R.S., Ch. 1343, Sec. |
|
3; New.) |
|
[Sections 8864.005-8864.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8864.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 77th |
|
Leg., R.S., Ch. 1343, Secs. 6(a), (c).) |
|
Sec. 8864.052. ELECTION OF DIRECTORS. (a) Directors are |
|
elected according to the commissioners precinct method as provided |
|
by this section. |
|
(b) One director is elected by the voters of the entire |
|
district. One director is elected from each county commissioners |
|
precinct by the voters of that precinct. |
|
(c) A person shall indicate on the application for a place |
|
on the ballot: |
|
(1) the precinct that the person seeks to represent; |
|
or |
|
(2) that the person seeks to represent the district at |
|
large. |
|
(d) At the first election of the district after the county |
|
commissioners precincts are redrawn under Section 18, Article V, |
|
Texas Constitution, four new directors shall be elected to |
|
represent the precincts. The directors shall draw lots to |
|
determine which two directors serve four-year terms and which two |
|
directors serve two-year terms. (Acts 77th Leg., R.S., Ch. 1343, |
|
Secs. 8(a), (b), (d), (e).) |
|
Sec. 8864.053. ELECTION DATE. Each odd-numbered year, on |
|
the uniform election date in May or another date authorized by law, |
|
the appropriate number of directors shall be elected. (Acts 77th |
|
Leg., R.S., Ch. 1343, Sec. 11(c); New.) |
|
Sec. 8864.054. QUALIFICATIONS FOR OFFICE. (a) To qualify |
|
as a candidate for or serve as director at large, a person must be: |
|
(1) at least 18 years of age; |
|
(2) a resident of the district; and |
|
(3) a registered voter in the district. |
|
(b) To be a candidate for or serve as director from a county |
|
commissioners precinct, a person must be: |
|
(1) at least 18 years of age; |
|
(2) a resident of that precinct; and |
|
(3) a registered voter of that precinct. (Acts 77th |
|
Leg., R.S., Ch. 1343, Sec. 8(c).) |
|
Sec. 8864.055. BOARD VACANCY. (a) The board shall appoint |
|
a replacement to fill a vacancy in the office of any director. |
|
(b) The appointed replacement serves until the next |
|
directors' election. |
|
(c) If the position is not scheduled to be filled at the |
|
election, the person elected to fill the position serves only for |
|
the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch. |
|
1343, Sec. 6(f).) |
|
[Sections 8864.056-8864.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8864.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapter 36, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 77th Leg., R.S., Ch. 1343, Sec. 5(a) (part).) |
|
[Sections 8864.102-8864.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8864.151. LIMITATION ON TAXES. The board may not |
|
impose an ad valorem tax at a rate that exceeds five cents on each |
|
$100 valuation of taxable property in the district. (Acts 77th |
|
Leg., R.S., Ch. 1343, Sec. 12.) |
|
CHAPTER 8865. POST OAK SAVANNAH GROUNDWATER |
|
CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8865.001. DEFINITIONS |
|
Sec. 8865.002. NATURE OF DISTRICT |
|
Sec. 8865.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8865.004. DISTRICT TERRITORY |
|
[Sections 8865.005-8865.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8865.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8865.052. APPOINTMENT OF DIRECTORS |
|
Sec. 8865.053. BOARD VACANCY |
|
Sec. 8865.054. COMPENSATION; EXPENSES |
|
Sec. 8865.055. QUORUM; VOTE REQUIRED FOR BOARD ACTION |
|
[Sections 8865.056-8865.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8865.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8865.102. GROUNDWATER WELLS UNDER JURISDICTION OF |
|
RAILROAD COMMISSION |
|
Sec. 8865.103. LIMITATION ON POWER OF EMINENT DOMAIN |
|
[Sections 8865.104-8865.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8865.151. FEES |
|
Sec. 8865.152. LIMITATION ON AUTHORITY TO IMPOSE TAXES |
|
CHAPTER 8865. POST OAK SAVANNAH GROUNDWATER |
|
CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8865.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Post Oak Savannah Groundwater |
|
Conservation District. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.1402; Acts 77th Leg., R.S., Ch. 1307, Sec. 3.02; New.) |
|
Sec. 8865.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district in Milam and Burleson Counties |
|
created under and essential to accomplish the purposes of Section |
|
59, Article XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. |
|
966, Secs. 3.1401(a) (part), (b); Acts 77th Leg., R.S., Ch. 1307, |
|
Secs. 3.01(a) (part), (b).) |
|
Sec. 8865.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1404; |
|
Acts 77th Leg., R.S., Ch. 1307, Sec. 3.04.) |
|
Sec. 8865.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Milam and |
|
Burleson Counties unless the district's territory has been modified |
|
under: |
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
(2) other law. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.1403; Acts 77th Leg., R.S., Ch. 1307, Sec. 3.03; New.) |
|
[Sections 8865.005-8865.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8865.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of 10 directors. |
|
(b) Directors serve staggered four-year terms. |
|
(c) A director may serve consecutive terms. (Acts 77th Leg., |
|
R.S., Ch. 966, Secs. 3.1409(a), (c), (f); Acts 77th Leg., R.S., Ch. |
|
1307, Secs. 3.10(a), (c), (f).) |
|
Sec. 8865.052. APPOINTMENT OF DIRECTORS. (a) The Milam |
|
County Commissioners Court shall appoint five directors, of whom: |
|
(1) one must represent municipal interests in the |
|
county; |
|
(2) one must be a bona fide agricultural producer who |
|
derives a substantial portion of the producer's income from |
|
agriculture in the county; |
|
(3) one must be a director or employee of a rural water |
|
supply corporation in the county; |
|
(4) one must represent active industrial interests in |
|
the county; and |
|
(5) one must represent the interests of the county at |
|
large. |
|
(b) The Burleson County Commissioners Court shall appoint |
|
five directors, of whom: |
|
(1) one must represent municipal interests in the |
|
county; |
|
(2) one must be a bona fide agricultural producer who |
|
derives a substantial portion of the producer's income from |
|
agriculture in the county; |
|
(3) one must be a director or employee of a rural water |
|
supply corporation in the county; |
|
(4) one must represent active industrial interests in |
|
the county; and |
|
(5) one must represent the interests of the county at |
|
large. |
|
(c) On January 1 of each even-numbered year, the appropriate |
|
commissioners court shall appoint the appropriate number of |
|
directors. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1410(d) (part); |
|
Acts 77th Leg., R.S., Ch. 1307, Secs. 3.11(a), (b), (d) (part).) |
|
Sec. 8865.053. BOARD VACANCY. If there is a vacancy on the |
|
board, the commissioners court that appointed the director who |
|
vacated the office shall appoint a director to serve the remainder |
|
of the term. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1409(g); Acts |
|
77th Leg., R.S., Ch. 1307, Sec. 3.10(g).) |
|
Sec. 8865.054. COMPENSATION; EXPENSES. (a) A director is |
|
not entitled to receive compensation for serving as a director. |
|
(b) A director may be reimbursed for actual, reasonable |
|
expenses incurred in discharging official duties. (Acts 77th Leg., |
|
R.S., Ch. 966, Sec. 3.1409(h); Acts 77th Leg., R.S., Ch. 1307, Sec. |
|
3.10(h).) |
|
Sec. 8865.055. QUORUM; VOTE REQUIRED FOR BOARD ACTION. |
|
(a) A quorum exists when at least two-thirds of the directors are |
|
present. |
|
(b) A majority vote of a quorum of the board is required for |
|
board action. If there is a tie vote, the proposed action fails. |
|
(Acts 77th Leg., R.S., Ch. 966, Sec. 3.1409(i); Acts 77th Leg., |
|
R.S., Ch. 1307, Sec. 3.10(i).) |
|
[Sections 8865.056-8865.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8865.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. Except as otherwise provided by this chapter, the |
|
district has the rights, powers, privileges, functions, and duties |
|
provided by the general law of this state, including Chapter 36, |
|
Water Code, applicable to groundwater conservation districts |
|
created under Section 59, Article XVI, Texas Constitution. (Acts |
|
77th Leg., R.S., Ch. 966, Sec. 3.1405(a) (part); Acts 77th Leg., |
|
R.S., Ch. 1307, Sec. 3.05(a) (part).) |
|
Sec. 8865.102. GROUNDWATER WELLS UNDER JURISDICTION OF |
|
RAILROAD COMMISSION. (a) In this section, "railroad commission" |
|
means the Railroad Commission of Texas. |
|
(b) A groundwater well drilled or operated in the district |
|
under a permit issued by the railroad commission is under the |
|
exclusive jurisdiction of the railroad commission and is exempt |
|
from regulation by the district. |
|
(c) Groundwater produced in an amount authorized by a |
|
railroad commission permit may be used in or exported from the |
|
district without a permit from the district. |
|
(d) To the extent groundwater production exceeds railroad |
|
commission authorization, the holder of the railroad commission |
|
permit: |
|
(1) must apply to the district for the appropriate |
|
permit for the excess production; and |
|
(2) is subject to the applicable regulatory fees. |
|
(e) Groundwater produced from a well under the jurisdiction |
|
of the railroad commission is generally exempt from water district |
|
fees. However, the district may impose either a pumping fee or an |
|
export fee on groundwater produced from an otherwise exempt mine |
|
well that is used for municipal purposes or by a public utility. A |
|
fee imposed by the district under this subsection may not exceed the |
|
fee imposed on other groundwater producers in the district. (Acts |
|
77th Leg., R.S., Ch. 966, Sec. 3.1407; Acts 77th Leg., R.S., Ch. |
|
1307, Sec. 3.07; New.) |
|
Sec. 8865.103. LIMITATION ON POWER OF EMINENT DOMAIN. The |
|
district does not have the authority granted by Section 36.105, |
|
Water Code, relating to eminent domain. (Acts 77th Leg., R.S., Ch. |
|
966, Sec. 3.1405(b) (part); Acts 77th Leg., R.S., Ch. 1307, Sec. |
|
3.05(b) (part).) |
|
[Sections 8865.104-8865.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8865.151. FEES. (a) The board by rule may impose a |
|
reasonable fee on each well that is not exempt from regulation by |
|
the district and for which a permit is issued by the district. The |
|
fee may be based on: |
|
(1) the size of column pipe used by the well; or |
|
(2) the actual, authorized, or anticipated amount of |
|
water to be withdrawn from the well. |
|
(b) Fees may not exceed: |
|
(1) 25 cents per acre-foot for water used for |
|
irrigating agricultural crops; or |
|
(2) 17 cents per thousand gallons for water used for |
|
any other purpose. |
|
(c) In addition to the fee authorized under Subsection (a), |
|
the district may impose a reasonable fee or surcharge for an export |
|
fee using one of the following methods: |
|
(1) a fee negotiated between the district and the |
|
transporter; or |
|
(2) a combined production and export fee not to exceed |
|
17 cents per thousand gallons of water used. |
|
(d) Fees authorized by this section may be: |
|
(1) assessed annually; and |
|
(2) used to pay the cost of operating the district. |
|
(Acts 77th Leg., R.S., Ch. 966, Secs. 3.1406(a), (c); Acts 77th |
|
Leg., R.S., Ch. 1307, Sec. 3.06.) |
|
Sec. 8865.152. LIMITATION ON AUTHORITY TO IMPOSE TAXES. |
|
The district does not have the authority granted by Sections 36.020 |
|
and 36.201-36.204, Water Code, relating to taxes. (Acts 77th Leg., |
|
R.S., Ch. 966, Sec. 3.1405(b) (part); Acts 77th Leg., R.S., Ch. |
|
1307, Sec. 3.05(b) (part).) |
|
CHAPTER 8866. MID-EAST TEXAS GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8866.001. DEFINITIONS |
|
Sec. 8866.002. NATURE OF DISTRICT |
|
Sec. 8866.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8866.004. DISTRICT TERRITORY |
|
[Sections 8866.005-8866.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8866.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8866.052. APPOINTMENT OF DIRECTORS |
|
Sec. 8866.053. BOARD VACANCY |
|
Sec. 8866.054. COMPENSATION; EXPENSES |
|
Sec. 8866.055. VOTE REQUIRED FOR BOARD ACTION |
|
[Sections 8866.056-8866.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8866.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8866.102. GROUNDWATER WELLS UNDER JURISDICTION OF |
|
RAILROAD COMMISSION |
|
Sec. 8866.103. LIMITATION ON POWER OF EMINENT DOMAIN |
|
[Sections 8866.104-8866.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8866.151. FEES |
|
Sec. 8866.152. LIMITATION ON AUTHORITY TO IMPOSE TAXES |
|
CHAPTER 8866. MID-EAST TEXAS GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8866.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Mid-East Texas Groundwater |
|
Conservation District. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1502; |
|
Acts 77th Leg., R.S., Ch. 1307, Sec. 4.02; New.) |
|
Sec. 8866.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district in Leon, Madison, and Freestone |
|
Counties created under and essential to accomplish the purposes of |
|
Section 59, Article XVI, Texas Constitution. (Acts 77th Leg., R.S., |
|
Ch. 966, Secs. 3.1501(a) (part), (b); Acts 77th Leg., R.S., Ch. |
|
1307, Secs. 4.01(a) (part), (b).) |
|
Sec. 8866.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1504; |
|
Acts 77th Leg., R.S., Ch. 1307, Sec. 4.04.) |
|
Sec. 8866.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Leon, Madison, |
|
and Freestone Counties unless the district's territory has been |
|
modified under: |
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
(2) other law. (Acts 77th Leg., R.S., Ch. 966, Sec. |
|
3.1503; Acts 77th Leg., R.S., Ch. 1307, Sec. 4.03; New.) |
|
[Sections 8866.005-8866.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8866.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of nine directors. |
|
(b) Directors serve staggered four-year terms. |
|
(c) A director may serve consecutive terms. (Acts 77th |
|
Leg., R.S., Ch. 966, Secs. 3.1509(a), (c), (f); Acts 77th Leg., |
|
R.S., Ch. 1307, Secs. 4.10(a), (c), (f).) |
|
Sec. 8866.052. APPOINTMENT OF DIRECTORS. (a) The Leon |
|
County Commissioners Court shall appoint three directors, of whom: |
|
(1) one must represent the interests of municipalities |
|
in the county, or must be a director or employee of a rural water |
|
supply corporation in the county, or both; |
|
(2) one must be a bona fide agricultural producer who |
|
derives a substantial portion of the producer's income from |
|
agriculture in the county; and |
|
(3) one must represent active industrial interests in |
|
the county. |
|
(b) The Madison County Commissioners Court shall appoint |
|
three directors, of whom: |
|
(1) one must represent the interests of municipalities |
|
in the county, or must be a director or employee of a rural water |
|
supply corporation in the county, or both; |
|
(2) one must be a bona fide agricultural producer who |
|
derives a substantial portion of the producer's income from |
|
agriculture in the county; and |
|
(3) one must represent active industrial interests in |
|
the county. |
|
(c) The Freestone County Commissioners Court shall appoint |
|
three directors, of whom: |
|
(1) one must represent the interests of municipalities |
|
in the county, or must be a director or employee of a rural water |
|
supply corporation in the county, or both; |
|
(2) one must be a bona fide agricultural producer who |
|
derives a substantial portion of the producer's income from |
|
agriculture in the county; and |
|
(3) one must represent active industrial interests in |
|
the county. |
|
(d) On January 1 of each even-numbered year, the appropriate |
|
commissioners courts shall appoint the appropriate number of |
|
directors. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1510(e) (part); |
|
Acts 77th Leg., R.S., Ch. 1307, Secs. 4.11(a), (b), (c), (e) |
|
(part).) |
|
Sec. 8866.053. BOARD VACANCY. If there is a vacancy on the |
|
board, the commissioners court that appointed the director who |
|
vacated the office shall appoint a director to serve the remainder |
|
of the term. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1509(g); Acts |
|
77th Leg., R.S., Ch. 1307, Sec. 4.10(g).) |
|
Sec. 8866.054. COMPENSATION; EXPENSES. (a) A director is |
|
not entitled to receive compensation for serving as a director. |
|
(b) A director may be reimbursed for actual, reasonable |
|
expenses incurred in discharging official duties. (Acts 77th Leg., |
|
R.S., Ch. 966, Sec. 3.1509(h); Acts 77th Leg., R.S., Ch. 1307, Sec. |
|
4.10(h).) |
|
Sec. 8866.055. VOTE REQUIRED FOR BOARD ACTION. A majority |
|
vote of a quorum of the board is required for board action. If there |
|
is a tie vote, the proposed action fails. (Acts 77th Leg., R.S., Ch. |
|
966, Sec. 3.1509(i); Acts 77th Leg., R.S., Ch. 1307, Sec. 4.10(i).) |
|
[Sections 8866.056-8866.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8866.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. Except as otherwise provided by this chapter, the |
|
district has the rights, powers, privileges, functions, and duties |
|
provided by the general law of this state, including Chapter 36, |
|
Water Code, applicable to groundwater conservation districts |
|
created under Section 59, Article XVI, Texas Constitution. (Acts |
|
77th Leg., R.S., Ch. 966, Sec. 3.1505(a) (part); Acts 77th Leg., |
|
R.S., Ch. 1307, Sec. 4.05(a) (part).) |
|
Sec. 8866.102. GROUNDWATER WELLS UNDER JURISDICTION OF |
|
RAILROAD COMMISSION. (a) In this section, "railroad commission" |
|
means the Railroad Commission of Texas. |
|
(b) A groundwater well drilled or operated in the district |
|
under a permit issued by the railroad commission is under the |
|
exclusive jurisdiction of the railroad commission and is exempt |
|
from regulation by the district. |
|
(c) Groundwater produced in an amount authorized by a |
|
railroad commission permit may be used in or exported from the |
|
district without a permit from the district. |
|
(d) To the extent groundwater production exceeds railroad |
|
commission authorization, the holder of the railroad commission |
|
permit: |
|
(1) must apply to the district for the appropriate |
|
permit for the excess production; and |
|
(2) is subject to the applicable regulatory fees. |
|
(e) Groundwater produced from a well under the jurisdiction |
|
of the railroad commission is generally exempt from water district |
|
fees. However, the district may impose either a pumping fee or an |
|
export fee on groundwater produced from an otherwise exempt mine |
|
well that is used for municipal purposes or by a public utility. A |
|
fee imposed by the district under this subsection may not exceed the |
|
fee imposed on other groundwater producers in the district. (Acts |
|
77th Leg., R.S., Ch. 966, Sec. 3.1507; Acts 77th Leg., R.S., Ch. |
|
1307, Sec. 4.07; New.) |
|
Sec. 8866.103. LIMITATION ON POWER OF EMINENT DOMAIN. The |
|
district does not have the authority granted by Section 36.105, |
|
Water Code, relating to eminent domain. (Acts 77th Leg., R.S., Ch. |
|
966, Sec. 3.1505(b) (part); Acts 77th Leg., R.S., Ch. 1307, Sec. |
|
4.05(b) (part).) |
|
[Sections 8866.104-8866.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8866.151. FEES. (a) The board by rule may impose a |
|
reasonable fee on each well that is not exempt from regulation by |
|
the district and for which a permit is issued by the district. The |
|
fee may be based on: |
|
(1) the size of column pipe used by the well; or |
|
(2) the actual, authorized, or anticipated amount of |
|
water to be withdrawn from the well. |
|
(b) Fees may not exceed: |
|
(1) 25 cents per acre-foot for water used for |
|
irrigating agricultural crops; or |
|
(2) 17 cents per thousand gallons for water used for |
|
any other purpose. |
|
(c) In addition to the fee authorized under Subsection (a), |
|
the district may impose a reasonable fee or surcharge for an export |
|
fee using one of the following methods: |
|
(1) a fee negotiated between the district and the |
|
transporter; or |
|
(2) a combined production and export fee not to exceed |
|
17 cents per thousand gallons of water used. |
|
(d) Fees authorized by this section may be: |
|
(1) assessed annually; and |
|
(2) used to pay the cost of operating the district. |
|
(Acts 77th Leg., R.S., Ch. 966, Secs. 3.1506(a), (c); Acts 77th |
|
Leg., R.S., Ch. 1307, Sec. 4.06.) |
|
Sec. 8866.152. LIMITATION ON AUTHORITY TO IMPOSE TAXES. |
|
The district does not have the authority granted by Sections 36.020 |
|
and 36.201-36.204, Water Code, relating to taxes. (Acts 77th Leg., |
|
R.S., Ch. 966, Sec. 3.1505(b) (part); Acts 77th Leg., R.S., Ch. |
|
1307, Sec. 4.05(b) (part).) |
|
CHAPTER 8867. ROLLING PLAINS GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8867.001. DEFINITIONS |
|
Sec. 8867.002. NATURE OF DISTRICT |
|
Sec. 8867.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8867.004. DISTRICT TERRITORY |
|
[Sections 8867.005-8867.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8867.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8867.052. APPOINTMENT OF DIRECTORS IN GENERAL |
|
Sec. 8867.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL |
|
COUNTIES |
|
Sec. 8867.054. ELIGIBILITY |
|
Sec. 8867.055. BOARD VACANCY |
|
Sec. 8867.056. COMPENSATION |
|
Sec. 8867.057. PRESIDENT |
|
[Sections 8867.058-8867.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8867.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8867.102. LIMITATION ON RULEMAKING POWER NOT |
|
APPLICABLE |
|
Sec. 8867.103. FEES |
|
CHAPTER 8867. ROLLING PLAINS GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8867.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Rolling Plains Groundwater |
|
Conservation District. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 2; |
|
New.) |
|
Sec. 8867.002. NATURE OF DISTRICT. The district is created |
|
under and essential to accomplish the purposes of Section 59, |
|
Article XVI, Texas Constitution. (Acts 73rd Leg., R.S., Ch. 1028, |
|
Sec. 1(b).) |
|
Sec. 8867.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 4.) |
|
Sec. 8867.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Haskell County, |
|
Knox County, and Baylor County, unless the district's territory has |
|
been modified under: |
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
(2) other law. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 3; |
|
New.) |
|
[Sections 8867.005-8867.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8867.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of not fewer than 5 or more than 16 |
|
directors. |
|
(b) Directors serve staggered four-year terms. (Acts 73rd |
|
Leg., R.S., Ch. 1028, Secs. 6(a), 8(c).) |
|
Sec. 8867.052. APPOINTMENT OF DIRECTORS IN GENERAL. The |
|
commissioners court of each county in the district shall appoint an |
|
equal number of directors. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 7.) |
|
Sec. 8867.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL |
|
COUNTIES. (a) When a county is added to the district, the board |
|
shall change the number of directors so that an equal number of |
|
directors are appointed by the commissioners court of each county |
|
in the district. The terms of the directors then serving expire on |
|
a date set by the board, not later than the 90th day after the date |
|
the county is added to the district, and the directors continue to |
|
serve only until the new directors have been appointed. |
|
(b) The board shall send to the commissioners court of each |
|
county in the district notice of the number of directors the county |
|
may appoint. |
|
(c) After receiving the notice from the board, the |
|
commissioners courts of all the counties in the district shall |
|
confer to determine the number of new directors from each county who |
|
will serve four-year terms and the number of new directors from each |
|
county who will serve two-year terms. The commissioners courts |
|
shall provide that, as nearly as possible, half of the new |
|
directors, in total and from each county, serve four-year terms and |
|
the remaining new directors serve two-year terms. |
|
(d) The commissioners court of each county shall appoint new |
|
directors before the date set by the board in Subsection (a). A |
|
commissioners court may reappoint a current director. |
|
(e) The new directors from each county shall draw lots to |
|
determine which directors serve four-year terms and which directors |
|
serve two-year terms in accordance with Subsection (c). (Acts 73rd |
|
Leg., R.S., Ch. 1028, Sec. 7A.) |
|
Sec. 8867.054. ELIGIBILITY. To be eligible to serve as |
|
director, a person must be: |
|
(1) at least 21 years of age; and |
|
(2) a registered voter in the county from which the |
|
person is appointed. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 6(c).) |
|
Sec. 8867.055. BOARD VACANCY. If a vacancy occurs in the |
|
office of director, the commissioners court of the county from |
|
which the person vacating the position was appointed shall appoint |
|
a director for the unexpired term. (Acts 73rd Leg., R.S., Ch. 1028, |
|
Sec. 6(b).) |
|
Sec. 8867.056. COMPENSATION. (a) A director is not |
|
entitled to receive fees of office under Section 36.060, Water |
|
Code, if the director holds another office that is a civil office of |
|
emolument for purposes of Section 40, Article XVI, Texas |
|
Constitution. |
|
(b) Except as provided by this section, a director may |
|
receive reimbursement of actual expenses as provided by Section |
|
36.060(b), Water Code. |
|
(c) The board by rule, bylaw, or resolution may limit the |
|
amount of fees of office or the amount of reimbursement for actual |
|
expenses a director is entitled to receive. |
|
(d) This section prevails over any provision of general or |
|
special law that is in conflict or inconsistent with this section, |
|
including Section 36.060(d), Water Code. (Acts 73rd Leg., R.S., Ch. |
|
1028, Sec. 6(d).) |
|
Sec. 8867.057. PRESIDENT. (a) The board shall elect a |
|
president from among the directors every other year following the |
|
appointment of directors under Section 8867.052. |
|
(b) The president may vote and may cast an additional vote |
|
to break a tie. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 9.) |
|
[Sections 8867.058-8867.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8867.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. Except as provided by Sections 8867.102 and |
|
8867.103(b), the district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapter 36, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 73rd Leg., R.S., Ch. 1028, Secs. 5(a) (part), |
|
(b) (part), (c) (part).) |
|
Sec. 8867.102. LIMITATION ON RULEMAKING POWER NOT |
|
APPLICABLE. Section 36.121, Water Code, does not apply to the |
|
district. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 5(b) (part).) |
|
Sec. 8867.103. FEES. (a) The district may assess fees |
|
under Section 36.122(e) or 36.205(c), Water Code, in an annual |
|
amount not to exceed: |
|
(1) $1 per acre-foot of water used for agricultural |
|
use; or |
|
(2) 17 cents per thousand gallons of water used for any |
|
other purpose. |
|
(b) Section 36.205(e), Water Code, does not apply to the |
|
district. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 5(c) (part).) |
|
CHAPTER 8868. SOUTHEAST TEXAS GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8868.001. DEFINITIONS |
|
Sec. 8868.002. NATURE OF DISTRICT |
|
Sec. 8868.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8868.004. DISTRICT TERRITORY |
|
Sec. 8868.005. ADDITION OF ADJACENT COUNTY TO DISTRICT |
|
Sec. 8868.006. LANDOWNERS' RIGHTS |
|
[Sections 8868.007-8868.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8868.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8868.052. APPOINTMENT OF DIRECTORS BY INITIAL |
|
COUNTIES |
|
Sec. 8868.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL |
|
COUNTIES |
|
Sec. 8868.054. QUALIFICATIONS; GROUNDWATER PRODUCERS |
|
Sec. 8868.055. BOARD VACANCY |
|
Sec. 8868.056. COMPENSATION; EXPENSES |
|
Sec. 8868.057. VOTE REQUIRED FOR BOARD ACTION |
|
[Sections 8868.058-8868.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8868.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8868.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT |
|
Sec. 8868.103. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS |
|
FOR CONSERVATION PURPOSES |
|
Sec. 8868.104. WELLS EXEMPT FROM REGULATION |
|
Sec. 8868.105. NO EMINENT DOMAIN POWER |
|
[Sections 8868.106-8868.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8868.151. TAXES PROHIBITED |
|
Sec. 8868.152. TAX BONDS PROHIBITED |
|
Sec. 8868.153. PERMIT FEES |
|
CHAPTER 8868. SOUTHEAST TEXAS GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8868.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Southeast Texas Groundwater |
|
Conservation District. (Acts 78th Leg., R.S., Ch. 384, Sec. 1; |
|
New.) |
|
Sec. 8868.002. NATURE OF DISTRICT. (a) The district is a |
|
groundwater conservation district created under and essential to |
|
accomplish the purposes of Section 59, Article XVI, Texas |
|
Constitution. |
|
(b) The district is a political subdivision of this state. |
|
(Acts 78th Leg., R.S., Ch. 384, Secs. 2, 3.) |
|
Sec. 8868.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 78th Leg., R.S., Ch. 384, Sec. 4.) |
|
Sec. 8868.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Jasper, Newton, |
|
Hardin, and Tyler Counties, Texas, unless the district's territory |
|
has been modified under: |
|
(1) Section 8868.005; |
|
(2) Subchapter J or K, Chapter 36, Water Code; or |
|
(3) other law. (Acts 78th Leg., R.S., Ch. 384, Sec. 5; |
|
New.) |
|
Sec. 8868.005. ADDITION OF ADJACENT COUNTY TO DISTRICT. |
|
(a) An adjacent county may petition to join the district by |
|
resolution of the commissioners court of the county. |
|
(b) If, after a hearing on the resolution, the board finds |
|
that the addition of the county would benefit the district and the |
|
county to be added, the board by resolution may approve the addition |
|
of the county to the district. |
|
(c) The addition of a county to the district under this |
|
section is not final until ratified by a majority vote of the voters |
|
in the county to be added voting in an election held for that |
|
purpose. |
|
(d) The ballot for the election shall be printed to provide |
|
for voting for or against the proposition: "The inclusion of |
|
(name of county) County in the Southeast Texas |
|
Groundwater Conservation District." (Acts 78th Leg., R.S., Ch. 384, |
|
Secs. 14(a), (b), (c), (d).) |
|
Sec. 8868.006. LANDOWNERS' RIGHTS. The rights of landowners |
|
and their lessees and assigns in groundwater in the district are |
|
recognized. Nothing in this chapter may be construed to deprive or |
|
divest the landowners or their lessees and assigns of their rights, |
|
subject to district rules. (Acts 78th Leg., R.S., Ch. 384, Sec. 12.) |
|
[Sections 8868.007-8868.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8868.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of directors appointed under |
|
Sections 8868.052 and 8868.053. |
|
(b) Directors serve three-year terms. |
|
(c) A director may serve consecutive terms. (Acts 78th Leg., |
|
R.S., Ch. 384, Secs. 9(a) (part), (b) (part), (e).) |
|
Sec. 8868.052. APPOINTMENT OF DIRECTORS BY INITIAL |
|
COUNTIES. (a) The Jasper County Commissioners Court shall appoint |
|
two directors. One director shall represent rural water utilities |
|
and small municipal water supply interests. The other director |
|
shall represent the large industrial groundwater supply interests |
|
of the county and large municipal utilities. |
|
(b) The Newton County Commissioners Court shall appoint two |
|
directors. One director shall represent rural water utilities and |
|
small municipal water supply interests. The other director shall |
|
represent the forestry or agricultural groundwater supply |
|
interests of the county. |
|
(c) The Jasper County Commissioners Court and the Newton |
|
County Commissioners Court shall jointly appoint one director to |
|
represent the forestry, agricultural, or landowner groundwater |
|
supply interests of both counties. The jointly appointed director |
|
shall serve as the board's presiding officer. |
|
(d) The Newton City Council shall appoint one director. |
|
(e) The Jasper City Council shall appoint one director. |
|
(Acts 78th Leg., R.S., Ch. 384, Secs. 10(a), (b), (c), (d), (e).) |
|
Sec. 8868.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL |
|
COUNTIES. When a county is added to the district, the board may |
|
change the number of directors so that an equal number of directors |
|
are appointed from each county and one director is appointed |
|
jointly by the counties. (Acts 78th Leg., R.S., Ch. 384, Sec. 9(a) |
|
(part).) |
|
Sec. 8868.054. QUALIFICATIONS; GROUNDWATER PRODUCERS. A |
|
director is not disqualified from serving because the director is |
|
an employee, manager, director, or officer of a groundwater |
|
producer that is or may be regulated by the district. (Acts 78th |
|
Leg., R.S., Ch. 384, Sec. 10(f).) |
|
Sec. 8868.055. BOARD VACANCY. (a) If there is a vacancy on |
|
the board, the governing body of the entity that appointed the |
|
director who vacated the office shall appoint a director to serve |
|
the remainder of the term. |
|
(b) The board shall adopt rules or bylaws to establish when |
|
a vacancy has occurred. (Acts 78th Leg., R.S., Ch. 384, Sec. 9(f).) |
|
Sec. 8868.056. COMPENSATION; EXPENSES. (a) A director is |
|
not entitled to receive compensation for serving as a director. |
|
(b) A director may be reimbursed for actual, reasonable |
|
expenses incurred in discharging official duties. (Acts 78th Leg., |
|
R.S., Ch. 384, Sec. 9(g).) |
|
Sec. 8868.057. VOTE REQUIRED FOR BOARD ACTION. A majority |
|
vote of a quorum of the board is required for board action. If there |
|
is a tie vote, the proposed action fails. (Acts 78th Leg., R.S., Ch. |
|
384, Sec. 9(h).) |
|
[Sections 8868.058-8868.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8868.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. Except as provided by this chapter, the district has |
|
the rights, powers, privileges, functions, and duties provided by |
|
the general law of this state, including Chapter 36, Water Code, |
|
applicable to groundwater conservation districts created under |
|
Section 59, Article XVI, Texas Constitution. (Acts 78th Leg., R.S., |
|
Ch. 384, Sec. 6.) |
|
Sec. 8868.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT. |
|
The district by rule may require a person to obtain a permit from |
|
the district for the transfer of groundwater out of the district |
|
consistent with Section 36.122, Water Code, and may regulate the |
|
terms on which a permit holder under those rules may conduct the |
|
transfer. (Acts 78th Leg., R.S., Ch. 384, Sec. 7(a).) |
|
Sec. 8868.103. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS FOR |
|
CONSERVATION PURPOSES. The district may not purchase groundwater |
|
rights unless the purchased rights are acquired for conservation |
|
purposes and are permanently held in trust not to be produced. (Acts |
|
78th Leg., R.S., Ch. 384, Sec. 7(g) (part).) |
|
Sec. 8868.104. WELLS EXEMPT FROM REGULATION. (a) The |
|
district may not require a permit for a well incapable of producing |
|
more than 25,000 gallons of groundwater a day. |
|
(b) A well meeting the criteria established under Section |
|
36.117, Water Code, including a well used for dewatering and |
|
monitoring in the production of coal or lignite, is exempt from |
|
permit requirements, regulations, and fees imposed by the district. |
|
(Acts 78th Leg., R.S., Ch. 384, Secs. 7(b), (f).) |
|
Sec. 8868.105. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. (Acts 78th Leg., R.S., Ch. |
|
384, Sec. 7(g) (part).) |
|
[Sections 8868.106-8868.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8868.151. TAXES PROHIBITED. The district may not |
|
impose a tax. (Acts 78th Leg., R.S., Ch. 384, Sec. 7(c).) |
|
Sec. 8868.152. TAX BONDS PROHIBITED. The district may not |
|
issue any bonds or other obligations that pledge revenue derived |
|
from district taxation. (Acts 78th Leg., R.S., Ch. 384, Sec. 7(g) |
|
(part).) |
|
Sec. 8868.153. PERMIT FEES. (a) The district by rule may |
|
impose a reasonable fee on each well that is not exempt from |
|
regulation by the district and for which a permit is issued by the |
|
district. |
|
(b) The fee must be based on the amount of water to be |
|
withdrawn from the well. |
|
(c) The fee may not exceed one cent per thousand gallons of |
|
groundwater withdrawn for any purpose. (Acts 78th Leg., R.S., Ch. |
|
384, Secs. 7(d), (e).) |
|
CHAPTER 8869. WES-TEX GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8869.001. DEFINITIONS |
|
Sec. 8869.002. NATURE OF DISTRICT |
|
Sec. 8869.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8869.004. DISTRICT TERRITORY |
|
[Sections 8869.005-8869.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8869.051. COMPOSITION OF BOARD |
|
Sec. 8869.052. ELECTION OF DIRECTORS |
|
Sec. 8869.053. TERMS |
|
Sec. 8869.054. ELECTION DATE |
|
Sec. 8869.055. QUALIFICATIONS FOR OFFICE |
|
[Sections 8869.056-8869.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8869.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8869.102. LIMITATIONS ON DISTRICT POWERS |
|
[Sections 8869.103-8869.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8869.151. MAINTENANCE AND OPERATION TAX |
|
CHAPTER 8869. WES-TEX GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8869.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Wes-Tex Groundwater |
|
Conservation District. (Acts 77th Leg., R.S., Ch. 1473, Sec. 2; |
|
New.) |
|
Sec. 8869.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district in Nolan County created under and |
|
essential to accomplish the purposes of Section 59, Article XVI, |
|
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1473, Secs. 1(a) |
|
(part), (b).) |
|
Sec. 8869.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1473, Sec. 4.) |
|
Sec. 8869.004. DISTRICT TERRITORY. The district's |
|
boundaries are coextensive with the boundaries of Nolan County, |
|
unless the district's territory has been modified under: |
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
(2) other law. (Acts 77th Leg., R.S., Ch. 1473, Sec. |
|
3; New.) |
|
[Sections 8869.005-8869.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8869.051. COMPOSITION OF BOARD. The district is |
|
governed by a board of nine directors that consists of one at-large |
|
director and two directors from each county commissioners precinct. |
|
(Acts 77th Leg., R.S., Ch. 1473, Sec. 7(a) (part).) |
|
Sec. 8869.052. ELECTION OF DIRECTORS. (a) Directors are |
|
elected according to the commissioners precinct method as provided |
|
by this section. |
|
(b) One director is elected by the voters of the entire |
|
district. Two directors are elected from each county commissioners |
|
precinct by the voters of that precinct. Of the two directors |
|
elected from each precinct, one must reside in an incorporated area |
|
and one must reside in an unincorporated area. |
|
(c) A person shall indicate on the application for a place |
|
on the ballot: |
|
(1) the precinct that the person seeks to represent |
|
and whether that person resides in an incorporated or in an |
|
unincorporated area; or |
|
(2) that the person seeks to represent the district at |
|
large. |
|
(d) When the boundaries of the county commissioners |
|
precincts are redrawn under Section 18, Article V, Texas |
|
Constitution, a director in office on the effective date of the |
|
change, or elected or appointed before the effective date of the |
|
change to a term of office beginning on or after the effective date |
|
of the change, shall serve the term or the remainder of the term in |
|
the precinct to which elected or appointed even though the change in |
|
boundaries places the person's residence outside the precinct for |
|
which the person was elected or appointed. (Acts 77th Leg., R.S., |
|
Ch. 1473, Secs. 7(a) (part), 9(a), (b), (d), (e), as amended Acts |
|
79th Leg., R.S., Chs. 858, 1088.) |
|
Sec. 8869.053. TERMS. Directors serve staggered four-year |
|
terms with four or five members' terms expiring December 1 of each |
|
even-numbered year. (Acts 77th Leg., R.S., Ch. 1473, Secs. 7(d), |
|
11A, as added Acts 79th Leg., R.S., Chs. 858, 1088.) |
|
Sec. 8869.054. ELECTION DATE. On the uniform election date |
|
prescribed by Section 41.001, Election Code, in November of each |
|
even-numbered year, the appropriate number of directors shall be |
|
elected. (Acts 77th Leg., R.S., Ch. 1473, Sec. 11, as amended Acts |
|
79th Leg., R.S., Chs. 858, 1088.) |
|
Sec. 8869.055. QUALIFICATIONS FOR OFFICE. (a) To be a |
|
candidate for or to serve as director at large, a person must reside |
|
in and be a registered voter in the district. |
|
(b) To be a candidate for or to serve as director from an |
|
incorporated area of a county commissioners precinct, a person must |
|
reside in an incorporated area of and be a registered voter of that |
|
precinct. |
|
(c) To be a candidate for or to serve as director from an |
|
unincorporated area of a county commissioners precinct, a person |
|
must reside in an unincorporated area of and be a registered voter |
|
of that precinct. (Acts 77th Leg., R.S., Ch. 1473, Sec. 9(c).) |
|
[Sections 8869.056-8869.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8869.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapter 36, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 77th Leg., R.S., Ch. 1473, Sec. 5(a) (part).) |
|
Sec. 8869.102. LIMITATIONS ON DISTRICT POWERS. |
|
Notwithstanding Section 8869.101, the district may not: |
|
(1) acquire land; |
|
(2) purchase, sell, transport, or distribute surface |
|
water or groundwater; |
|
(3) issue bonds; or |
|
(4) exercise eminent domain authority. (Acts 77th |
|
Leg., R.S., Ch. 1473, Sec. 6.) |
|
[Sections 8869.103-8869.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8869.151. MAINTENANCE AND OPERATION TAX. To pay the |
|
maintenance and operating expenses of the district, the board may |
|
impose taxes annually at a rate not to exceed three cents on each |
|
$100 of assessed valuation. (Acts 77th Leg., R.S., Ch. 1473, Sec. |
|
12.) |
|
CHAPTER 8870. TRINITY GLEN ROSE GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8870.001. DEFINITIONS |
|
Sec. 8870.002. NATURE OF DISTRICT |
|
Sec. 8870.003. PURPOSE |
|
Sec. 8870.004. FINDINGS OF PUBLIC USE AND BENEFIT |
|
Sec. 8870.005. DISTRICT TERRITORY |
|
Sec. 8870.006. MUNICIPALITY'S CHOICE OF DISTRICT |
|
Sec. 8870.007. EFFECT OF ANNEXATION OF LAND BY CERTAIN |
|
MUNICIPALITIES |
|
[Sections 8870.008-8870.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8870.051. COMPOSITION OF BOARD; TERMS |
|
Sec. 8870.052. ELECTION OF DIRECTORS |
|
Sec. 8870.053. ELECTION DATE |
|
Sec. 8870.054. QUALIFICATIONS FOR OFFICE |
|
Sec. 8870.055. BOARD VACANCY |
|
Sec. 8870.056. REVISION OF SINGLE-MEMBER DISTRICTS |
|
[Sections 8870.057-8870.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8870.101. GROUNDWATER CONSERVATION DISTRICT |
|
POWERS AND DUTIES |
|
Sec. 8870.102. REGULATION OF WELLS |
|
Sec. 8870.103. PUBLIC WATER SUPPLY WELLS; CERTAIN |
|
WELLS EXEMPT FROM REGULATION |
|
Sec. 8870.104. MANAGEMENT PRACTICES; CONSTRUCTION AND |
|
MAINTENANCE |
|
Sec. 8870.105. LIMITATIONS ON DISTRICT POWERS |
|
[Sections 8870.106-8870.150 reserved for expansion] |
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
Sec. 8870.151. MAINTENANCE AND OPERATION TAX |
|
Sec. 8870.152. LIMITATION ON TAXES; PROHIBITED TAXES |
|
AND FEES |
|
Sec. 8870.153. FEES |
|
Sec. 8870.154. RECHARGE CREDITS |
|
Sec. 8870.155. USE OF DISTRICT FUNDS |
|
CHAPTER 8870. TRINITY GLEN ROSE GROUNDWATER CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8870.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Trinity Glen Rose Groundwater |
|
Conservation District. (Acts 77th Leg., R.S., Ch. 1312, Sec. 2; |
|
New.) |
|
Sec. 8870.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district in the part of Bexar County |
|
overlying the Trinity Aquifer and is created under and essential to |
|
accomplish the purposes of Section 59, Article XVI, Texas |
|
Constitution. (Acts 77th Leg., R.S., Ch. 1312, Secs. 1(a) (part), |
|
(b).) |
|
Sec. 8870.003. PURPOSE. The purpose of the district is to |
|
develop and implement regulatory, conservation, and recharge |
|
programs that preserve and protect the underground water resources |
|
located within the district. (Acts 77th Leg., R.S., Ch. 1312, Sec. |
|
1(c).) |
|
Sec. 8870.004. FINDINGS OF PUBLIC USE AND BENEFIT. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the district |
|
will benefit from the works and projects accomplished by the |
|
district under the powers conferred by Section 59, Article XVI, |
|
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1312, Sec. 4.) |
|
Sec. 8870.005. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 3, Chapter 1312, |
|
Acts of the 77th Legislature, Regular Session, 2001, as that |
|
territory may have been modified under: |
|
(1) Subsection (b) or its predecessor statute, former |
|
Section 3(b), Chapter 1312, Acts of the 77th Legislature, Regular |
|
Session, 2001; |
|
(2) Section 8870.006 or 8870.007 or their predecessor |
|
statutes, former Sections 19 and 19A, Chapter 1312, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(3) Subchapter J or K, Chapter 36, Water Code; or |
|
(4) other law. |
|
(b) The district may add territory inside the boundaries of |
|
the Edwards Aquifer Authority with the consent of the board of |
|
directors of the authority in the manner provided by Subchapter J, |
|
Chapter 36, Water Code. (Acts 77th Leg., R.S., Ch. 1312, Sec. 3(b); |
|
New.) |
|
Sec. 8870.006. MUNICIPALITY'S CHOICE OF DISTRICT. (a) If |
|
any part of a municipality, a part of which is included within the |
|
boundaries of the district, is included within the boundaries of |
|
one or more other groundwater conservation districts created by |
|
special Act of the 77th Legislature, Regular Session, 2001, and |
|
confirmed at a subsequent election called for the purpose, the |
|
municipality, not later than August 31, 2004, at an election called |
|
for the purpose, may vote to choose the one groundwater |
|
conservation district of which it will be a part. |
|
(b) If, after a municipality has held an election authorized |
|
by Subsection (a), another groundwater conservation district |
|
created by special Act of the 77th Legislature, Regular Session, |
|
2001, that includes any part of the municipality is confirmed at an |
|
election called for the purpose and if the district of which the |
|
municipality has chosen to be a part has not issued bonds secured by |
|
ad valorem taxes on any land within the boundaries of the |
|
municipality, the municipality may hold another election under this |
|
section to choose whether to remain within the groundwater |
|
conservation district of which it has chosen to be a part or to |
|
separate from that district and become part of the newly confirmed |
|
groundwater conservation district. The district may hold another |
|
election under this section, regardless of the number of previous |
|
elections under this section, at any time a district described by |
|
Subsection (a) is confirmed. |
|
(c) Section 41.001(a), Election Code, does not apply to an |
|
election under this section. |
|
(d) This section and the results of an election held under |
|
this section prevail over the provisions of any Act of the 77th |
|
Legislature, Regular Session, 2001, other than Chapter 1312, Acts |
|
of the 77th Legislature, Regular Session, 2001, regardless of the |
|
relative dates on which Chapter 1312, Acts of the 77th Legislature, |
|
Regular Session, 2001, and the other Act were enacted and became |
|
law. (Acts 77th Leg., R.S., Ch. 1312, Secs. 19(a), (b), (c) (part), |
|
(d).) |
|
Sec. 8870.007. EFFECT OF ANNEXATION OF LAND BY CERTAIN |
|
MUNICIPALITIES. (a) In this section: |
|
(1) "Inhabited land" means land on which at least one |
|
fixed, permanent, and occupied dwelling is situated, as of the date |
|
on which the land is annexed by a municipality. |
|
(2) "Vacant land" means land on which no fixed, |
|
permanent, and occupied dwelling is situated, as of the date on |
|
which the land is annexed by a municipality. |
|
(b) If a municipality that has held an election under |
|
Section 8870.006 or its predecessor statute, former Section 19, |
|
Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001, |
|
subsequently annexes vacant land that is not located in the |
|
groundwater conservation district chosen by the municipality in the |
|
election, the annexed vacant land by that action: |
|
(1) becomes part of the territory of the groundwater |
|
conservation district chosen by the municipality in the election; |
|
and |
|
(2) is disannexed from any other groundwater |
|
conservation district in which the land is located. |
|
(c) If a municipality that has held an election under |
|
Section 8870.006 or its predecessor statute, former Section 19, |
|
Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001, |
|
subsequently annexes inhabited land that is not located in the |
|
groundwater conservation district chosen by the municipality in the |
|
election, the landowners of the annexed inhabited land may file a |
|
petition with the groundwater conservation district requesting |
|
inclusion in that district as provided by Subchapter J, Chapter 36, |
|
Water Code. Notwithstanding Section 36.325(b), Water Code, the |
|
petition must be signed by all of the landowners of the land to be |
|
annexed by the groundwater conservation district. If the affected |
|
landowners do not file a petition as provided by this subsection, |
|
the municipality shall hold an election under Section 8870.006 in |
|
which the voters in the annexed inhabited land may choose the one |
|
groundwater conservation district of which the annexed land will be |
|
a part. |
|
(d) Any land annexed by the municipality after an election |
|
under Section 8870.006 or its predecessor statute, former Section |
|
19, Chapter 1312, Acts of the 77th Legislature, Regular Session, |
|
2001, and before the effective date of this section is: |
|
(1) territory of the district chosen by the |
|
municipality in the election; and |
|
(2) disannexed from any other groundwater |
|
conservation district in which the land is located. |
|
(e) A disannexation of a groundwater conservation |
|
district's territory under this section does not diminish or impair |
|
the rights of the holders of any outstanding and unpaid bonds, |
|
warrants, or other obligations of that groundwater conservation |
|
district. Property disannexed under this section is not released |
|
from its pro rata share of any indebtedness of that groundwater |
|
conservation district at the time of the disannexation, and that |
|
groundwater conservation district may continue to tax the property |
|
until that debt is paid. (Acts 77th Leg., R.S., Ch. 1312, Sec. 19A.) |
|
[Sections 8870.008-8870.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8870.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of five directors. |
|
(b) Directors serve staggered four-year terms. (Acts 77th |
|
Leg., R.S., Ch. 1312, Secs. 7(a), 11(c).) |
|
Sec. 8870.052. ELECTION OF DIRECTORS. (a) The district is |
|
divided into five numbered, single-member districts for electing |
|
directors. |
|
(b) One director is elected from each single-member |
|
district. A director elected from a single-member district |
|
represents the residents of that single-member district. (Acts |
|
77th Leg., R.S., Ch. 1312, Secs. 6(a), (b).) |
|
Sec. 8870.053. ELECTION DATE. Each even-numbered year, on |
|
the uniform election date in May or another date authorized by law, |
|
the appropriate number of directors shall be elected. (Acts 77th |
|
Leg., R.S., Ch. 1312, Sec. 12.) |
|
Sec. 8870.054. QUALIFICATIONS FOR OFFICE. (a) To be |
|
qualified to be a candidate for or to serve as director, a person |
|
must be a registered voter in the single-member district that the |
|
person represents or seeks to represent. |
|
(b) The disqualification of a director is governed by |
|
Section 49.052, Water Code. (Acts 77th Leg., R.S., Ch. 1312, Secs. |
|
5(c), 6(c).) |
|
Sec. 8870.055. BOARD VACANCY. (a) The board shall appoint |
|
a replacement to fill a vacancy in the office of director. |
|
(b) The appointed replacement serves until the next |
|
directors' election. |
|
(c) At that election, a person is elected to fill the |
|
position. If the position is not scheduled to be filled at the |
|
election, the person elected to fill the position serves only for |
|
the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch. |
|
1312, Sec. 7(b).) |
|
Sec. 8870.056. REVISION OF SINGLE-MEMBER DISTRICTS. |
|
(a) The board may revise the single-member districts as necessary |
|
or appropriate. |
|
(b) The board shall revise each single-member district |
|
after each federal decennial census to reflect population changes. |
|
(c) At the first election after the single-member districts |
|
are revised, a new director shall be elected from each district. |
|
The directors shall draw lots to determine which two directors |
|
serve two-year terms and which three directors serve four-year |
|
terms. (Acts 77th Leg., R.S., Ch. 1312, Sec. 6(d).) |
|
[Sections 8870.057-8870.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8870.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
|
AND DUTIES. The district has the rights, powers, privileges, |
|
functions, and duties provided by the general law of this state, |
|
including Chapter 36, Water Code, applicable to groundwater |
|
conservation districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 77th Leg., R.S., Ch. 1312, Sec. 5(a).) |
|
Sec. 8870.102. REGULATION OF WELLS. (a) The board may |
|
require all or certain types of wells in the district to be |
|
registered with the district. |
|
(b) Notwithstanding Section 36.117, Water Code: |
|
(1) the production capacity for an exempt well in the |
|
district is 10,000 gallons per day or less; and |
|
(2) an exempt domestic well in the district may not |
|
serve more than five households. |
|
(c) A well on or serving a tract of land of less than five |
|
acres that is installed after September 1, 2001, regardless of |
|
whether a plat is required or whether the production capacity of the |
|
well is less than 10,000 gallons per day, is not an exempt well. |
|
(d) This section does not affect the exempt status of public |
|
water supply wells under Section 8870.103. (Acts 77th Leg., R.S., |
|
Ch. 1312, Secs. 14(a), (b), (c), (d).) |
|
Sec. 8870.103. PUBLIC WATER SUPPLY WELLS; CERTAIN WELLS |
|
EXEMPT FROM REGULATION. (a) A public water supply well is exempt |
|
from regulation by the district if: |
|
(1) the well existed on September 1, 2001, and was |
|
drilled in compliance with technical requirements in effect at the |
|
time the well was drilled; or |
|
(2) the commission approved plans submitted for the |
|
installation of the well before September 1, 2001, and the |
|
installation of the well was completed in accordance with the |
|
approved plans and the commission's technical requirements before |
|
September 1, 2002. |
|
(b) For the purposes of Subsection (a)(2), the installation |
|
of a well was timely completed if, before September 1, 2002, the |
|
well was drilled, cased, and cemented in accordance with the |
|
commission's technical requirements and the plans submitted to and |
|
approved by the commission before September 1, 2001, even if the |
|
well was capped for subsequent placement into service as part of a |
|
public water system. |
|
(c) The owner of a public water supply well shall register |
|
the well with the district and submit reports to the district. A |
|
public water supply well is subject to the district's prohibitions |
|
on the waste of groundwater. |
|
(d) The district may not require a construction or operating |
|
permit for a public water supply well approved by the commission. |
|
(e) Fees a retail public utility pays to the district shall |
|
be collected directly from the customers of the utility as a |
|
regulatory fee and shown as a separate line item on the customer's |
|
bill. |
|
(f) The district may not prohibit the sale, purchase, lease, |
|
or trade of groundwater by a private well owner under this section. |
|
(Acts 77th Leg., R.S., Ch. 1312, Sec. 16.) |
|
Sec. 8870.104. MANAGEMENT PRACTICES; CONSTRUCTION AND |
|
MAINTENANCE. The district may: |
|
(1) construct, implement, and maintain best |
|
management practices in the district; |
|
(2) engage in and promote the acceptance of best |
|
management practices through education efforts sponsored by the |
|
district; |
|
(3) include the construction and maintenance of |
|
terraces and other structures on land in the district; |
|
(4) engage in and promote land treatment measures for |
|
soil conservation and improvement; and |
|
(5) prepare and implement a plan for the control and |
|
management of brush within the district. (Acts 77th Leg., R.S., Ch. |
|
1312, Sec. 14(e).) |
|
Sec. 8870.105. LIMITATIONS ON DISTRICT POWERS. The |
|
district may not: |
|
(1) sell, donate, lease, or otherwise grant rights in |
|
or to underground water located in the district unless the action |
|
has been approved by a majority vote of district residents; or |
|
(2) enter into any contract or engage in any action to |
|
purchase, sell, transport, and distribute surface water or |
|
groundwater for any purpose other than a program for aquifer |
|
storage and recovery of water. (Acts 77th Leg., R.S., Ch. 1312, |
|
Sec. 15(a) (part).) |
|
[Sections 8870.106-8870.150 reserved for expansion] |
|
SUBCHAPTER D. FINANCIAL PROVISIONS |
|
Sec. 8870.151. MAINTENANCE AND OPERATION TAX. (a) Except |
|
as provided by Subsection (b), the board may impose a maintenance |
|
and operation tax if the tax is approved by a majority of the |
|
qualified voters voting at an election called and held for that |
|
purpose in the manner provided by Section 36.201, Water Code. |
|
(b) If the district imposes a fee under Section 8870.153, |
|
the district may not impose a tax under this section. (Acts 77th |
|
Leg., R.S., Ch. 1312, Secs. 13(a), (i) (part).) |
|
Sec. 8870.152. LIMITATION ON TAXES; PROHIBITED TAXES AND |
|
FEES. (a) The district may not assess an ad valorem tax for |
|
administrative, operation, and maintenance expenses in excess of |
|
three cents for each $100 valuation. |
|
(b) The district may not impose a tax on or charge a fee to |
|
any person in the district who does not obtain water from the |
|
Trinity Aquifer. |
|
(c) The district may not impose a fee or tax on: |
|
(1) a municipality that has held an election under |
|
Section 8870.006 or its predecessor statute, Section 19, Chapter |
|
1312, Acts of the 77th Legislature, Regular Session, 2001, and |
|
obtains at least 50 percent of its annual water supply from a source |
|
other than the Trinity Aquifer; |
|
(2) a municipally owned utility, as defined by Section |
|
13.002, Water Code, of a municipality described by Subdivision (1); |
|
or |
|
(3) a resident of or other water user within a |
|
municipality described by Subdivision (1), whose sole source of |
|
water is the municipality or the municipally owned utility of the |
|
municipality. (Acts 77th Leg., R.S., Ch. 1312, Secs. 15(a) (part), |
|
17.) |
|
Sec. 8870.153. FEES. (a) Except as provided by Subsection |
|
(g), the board may impose fees on each nonexempt well in the |
|
district. |
|
(b) A fee may be assessed annually, based on: |
|
(1) the size of column pipe used in the well; |
|
(2) the production capacity of the well; or |
|
(3) actual, authorized, and anticipated pumpage. |
|
(c) A fee imposed under this section may not exceed: |
|
(1) $1 per acre-foot for water used for agricultural |
|
purposes; or |
|
(2) $40 per acre-foot for water used for a purpose |
|
other than an agricultural purpose. |
|
(d) The board may use fees as a regulatory mechanism or a |
|
revenue-producing mechanism. |
|
(e) The board shall adopt rules regarding: |
|
(1) fee rates; |
|
(2) the manner and form for filing reports of fees; and |
|
(3) the manner of collecting fees. |
|
(f) To secure payment of a fee imposed under this section, a |
|
lien attaches to the property on which the well is located. The lien |
|
has the same priority and characteristics as a lien for district |
|
taxes. The district may use the lien and all other powers that the |
|
district possesses to collect the payment of the fee. |
|
(g) If the district imposes a tax under Section 8870.151, |
|
the district may not impose a fee under this section. (Acts 77th |
|
Leg., R.S., Ch. 1312, Secs. 13(b), (b-1), (c) (part), (d), (e), (i) |
|
(part).) |
|
Sec. 8870.154. RECHARGE CREDITS. The board shall adopt |
|
rules regarding the issuance of appropriate recharge credits to |
|
persons in the district who: |
|
(1) pay taxes or fees to the district; and |
|
(2) enhance, supplement, improve, or prevent |
|
pollution of recharge of the Trinity Aquifer. (Acts 77th Leg., |
|
R.S., Ch. 1312, Sec. 13(c) (part).) |
|
Sec. 8870.155. USE OF DISTRICT FUNDS. (a) The district |
|
may use a tax collected under Section 8870.151 or a fee collected |
|
under Section 8870.153 to pay for the district's management and |
|
operation and to pay all or part of the principal of and interest on |
|
district bonds or notes. |
|
(b) The board shall use a tax collected under Section |
|
8870.151 or a fee collected under Section 8870.153 to pay for: |
|
(1) studies and planning required to develop a |
|
scientifically based regulatory program; |
|
(2) soil and water conservation measures, including |
|
water-retarding structures and brush management and the |
|
implementation of other best management practices to address |
|
natural resource concerns in the district; |
|
(3) direct installation of water conservation devices |
|
and early retirement of older devices; |
|
(4) educational material relating to soil and water |
|
conservation; and |
|
(5) enforcement programs or regulatory programs. |
|
(c) The district may spend a tax collected under Section |
|
8870.151 or a fee collected under Section 8870.153 for the purposes |
|
described by Subsection (b)(2) independently or in conjunction with |
|
other natural resource programs in the district. (Acts 77th Leg., |
|
R.S., Ch. 1312, Secs. 13(f), (g), (h).) |
|
SECTION 1.06. Subtitle I, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapters 9013, 9018, 9019, 9026, |
|
9029, 9032, and 9033 to read as follows: |
|
CHAPTER 9013. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT |
|
NO. 6 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9013.001. DEFINITIONS |
|
Sec. 9013.002. NATURE OF DISTRICT |
|
Sec. 9013.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 9013.004. APPLICABILITY OF WATER CONTROL AND |
|
IMPROVEMENT DISTRICTS LAW |
|
[Sections 9013.005-9013.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY |
|
Sec. 9013.051. DISTRICT TERRITORY |
|
Sec. 9013.052. HEARINGS FOR EXCLUSION OF TERRITORY |
|
[Sections 9013.053-9013.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 9013.101. COMPOSITION OF BOARD |
|
Sec. 9013.102. ELIGIBILITY |
|
Sec. 9013.103. DIRECTOR'S BOND |
|
Sec. 9013.104. FAILURE TO ELECT DIRECTORS |
|
[Sections 9013.105-9013.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 9013.151. GENERAL POWERS |
|
Sec. 9013.152. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS |
|
Sec. 9013.153. CONTROL OF WATER AND FLOODWATER; |
|
RECLAMATION |
|
Sec. 9013.154. STRUCTURES AND FACILITIES |
|
Sec. 9013.155. COST OF RELOCATING OR ALTERING PROPERTY |
|
[Sections 9013.156-9013.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9013.201. TAX METHOD |
|
Sec. 9013.202. HEARING ON CHANGE IN METHOD OF |
|
TAXATION; LIMITATION |
|
Sec. 9013.203. PROJECTS EXEMPT FROM ASSESSMENT OR |
|
TAXATION |
|
Sec. 9013.204. MAINTENANCE TAX ELECTION PROCEDURES |
|
Sec. 9013.205. MAINTENANCE TAX RATE |
|
Sec. 9013.206. USE OF MAINTENANCE TAX PROCEEDS |
|
Sec. 9013.207. APPROVAL OF AND FUNDING FOR CERTAIN |
|
PLANS FOR WORKS AND IMPROVEMENTS |
|
[Sections 9013.208-9013.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 9013.251. ISSUANCE OF BONDS |
|
Sec. 9013.252. FAILED BOND ELECTION |
|
Sec. 9013.253. BONDS EXEMPT FROM TAXATION |
|
CHAPTER 9013. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT |
|
NO. 6 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9013.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Bell County Water Control and |
|
Improvement District No. 6. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. |
|
1 (part); New.) |
|
Sec. 9013.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Bell County. (Acts 55th |
|
Leg., 1st C.S., Ch. 18, Sec. 1 (part).) |
|
Sec. 9013.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(d) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state and for the |
|
improvement of their property and industries. The district in |
|
carrying out the purposes of this chapter will be performing an |
|
essential public function under the Texas Constitution. (Acts 55th |
|
Leg., 1st C.S., Ch. 18, Secs. 1 (part), 2 (part), 3 (part).) |
|
Sec. 9013.004. APPLICABILITY OF WATER CONTROL AND |
|
IMPROVEMENT DISTRICTS LAW. Except as provided in this chapter, |
|
general laws pertaining to water control and improvement districts |
|
govern the district. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 13.) |
|
[Sections 9013.005-9013.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY |
|
Sec. 9013.051. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 2, Chapter 18, Acts |
|
of the 55th Legislature, 1st Called Session, 1957, as amended by |
|
Section 1, Chapter 300, Acts of the 57th Legislature, Regular |
|
Session, 1961, as that territory may have been modified under: |
|
(1) Subchapter O, Chapter 51, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue bonds or to pay the |
|
principal of and interest on the bonds; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or its |
|
governing body. (Acts 55th Leg., 1st C.S., Ch. 18, Secs. 1 (part), |
|
2 (part); New.) |
|
Sec. 9013.052. HEARINGS FOR EXCLUSION OF TERRITORY. A |
|
hearing may not be held to determine whether to exclude property |
|
included in the district. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 6 |
|
(part).) |
|
[Sections 9013.053-9013.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 9013.101. COMPOSITION OF BOARD. The board consists of |
|
six elected directors. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 14 |
|
(part).) |
|
Sec. 9013.102. ELIGIBILITY. (a) Each director of the |
|
district must: |
|
(1) be a landowner within the district; and |
|
(2) reside in Bell County. |
|
(b) A director who fails to meet the requirements of this |
|
section during the director's tenure in office shall vacate that |
|
office. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 14 (part).) |
|
Sec. 9013.103. DIRECTOR'S BOND. Each director shall give a |
|
bond in the amount of $1,000 for the faithful performance of the |
|
director's duties. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 9 |
|
(part).) |
|
Sec. 9013.104. FAILURE TO ELECT DIRECTORS. Failure to call |
|
a director election does not affect the legal status of the |
|
district, the board, a director, or the right of the board to act or |
|
function, and the directors continue to serve as provided by |
|
Section 17, Article XVI, Texas Constitution. (Acts 55th Leg., 1st |
|
C.S., Ch. 18, Sec. 9 (part).) |
|
[Sections 9013.105-9013.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 9013.151. GENERAL POWERS. The district may exercise |
|
the rights, privileges, and functions provided by this chapter. |
|
(Acts 55th Leg., 1st C.S., Ch. 18, Sec. 1 (part).) |
|
Sec. 9013.152. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS. To accomplish a purpose for which the district is created, |
|
the district has the powers conferred by the general laws of this |
|
state on water control and improvement districts, including the |
|
power to: |
|
(1) construct, acquire, improve, maintain, and repair |
|
a dam or other structure; and |
|
(2) acquire land, easements, equipment, or other |
|
property needed to use, control, and distribute water that may be |
|
impounded, diverted, or controlled by the district. (Acts 55th |
|
Leg., 1st C.S., Ch. 18, Sec. 5.) |
|
Sec. 9013.153. CONTROL OF WATER AND FLOODWATER; |
|
RECLAMATION. The district has the power to: |
|
(1) control, store, preserve, and distribute the water |
|
and floodwater in the district for the irrigation of arid land, |
|
conservation, preservation, reclamation, and drainage of the lands |
|
in the district; |
|
(2) carry out flood prevention measures to prevent |
|
damage to the property in the district; and |
|
(3) reclaim lands heretofore damaged because of the |
|
failure to provide the facilities authorized to be constructed |
|
under this chapter. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 4.) |
|
Sec. 9013.154. STRUCTURES AND FACILITIES. The district may |
|
acquire, construct, improve, repair, maintain, and operate a |
|
structure or facility inside or outside the district. (Acts 55th |
|
Leg., 1st C.S., Ch. 18, Sec. 9 (part).) |
|
Sec. 9013.155. COST OF RELOCATING OR ALTERING PROPERTY. If |
|
the district's exercise of the power of eminent domain, the power of |
|
relocation, or any other power granted under this chapter makes |
|
necessary the relocating, raising, rerouting, changing the grade, |
|
or altering the construction of a highway, a railroad, an electric |
|
transmission line, a telephone or telegraph property or facility, |
|
or a pipeline, the necessary action shall be accomplished at the |
|
sole expense of the district. (Acts 55th Leg., 1st C.S., Ch. 18, |
|
Sec. 5a.) |
|
[Sections 9013.156-9013.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9013.201. TAX METHOD. Subject to Section 9013.202, |
|
the district shall use an ad valorem plan of taxation, and the taxes |
|
imposed by the district shall be on an ad valorem basis. (Acts 55th |
|
Leg., 1st C.S., Ch. 18, Sec. 6 (part); New.) |
|
Sec. 9013.202. HEARING ON CHANGE IN METHOD OF TAXATION; |
|
LIMITATION. (a) Except as provided by Subsection (b), the |
|
district may call a hearing to consider changing the method of |
|
taxation. |
|
(b) Once district bonds are approved by the attorney general |
|
or district court, the district may not change its plan of taxation. |
|
(Acts 55th Leg., 1st C.S., Ch. 18, Sec. 10 (part).) |
|
Sec. 9013.203. PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION. |
|
The district is not required to pay a tax or assessment on a project |
|
or any part of a project. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 3 |
|
(part).) |
|
Sec. 9013.204. MAINTENANCE TAX ELECTION PROCEDURES. (a) A |
|
maintenance tax election shall be called and notice given in the |
|
same manner as for a bond election. |
|
(b) This chapter does not prevent the calling of a later |
|
maintenance tax election to establish or increase the amount of tax |
|
if the board determines that a maintenance tax election is |
|
required. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 8 (part).) |
|
Sec. 9013.205. MAINTENANCE TAX RATE. In calling a |
|
maintenance tax election, the board must specify the maximum |
|
proposed tax rate. To impose a maintenance tax at a rate that |
|
exceeds the maximum proposed rate approved by the voters, the board |
|
must submit the question of a tax rate increase to the voters. |
|
(Acts 55th Leg., 1st C.S., Ch. 18, Sec. 8 (part).) |
|
Sec. 9013.206. USE OF MAINTENANCE TAX PROCEEDS. (a) The |
|
district may spend maintenance tax proceeds for: |
|
(1) an easement or right-of-way; |
|
(2) any purpose for which a district may spend bond |
|
proceeds; and |
|
(3) maintenance and operation purposes. |
|
(b) The district may place surplus maintenance tax proceeds |
|
not needed for maintenance purposes into the sinking funds for |
|
outstanding district bonds. |
|
(c) The board's determination to spend maintenance tax |
|
proceeds is final and is not subject to judicial review, except on |
|
the grounds of fraud, palpable error, or gross abuse of discretion. |
|
(Acts 55th Leg., 1st C.S., Ch. 18, Sec. 9 (part).) |
|
Sec. 9013.207. APPROVAL OF AND FUNDING FOR CERTAIN PLANS |
|
FOR WORKS AND IMPROVEMENTS. (a) In this section, "commission" |
|
means the Texas Commission on Environmental Quality. |
|
(b) This section applies only to plans contemplated by the |
|
district for works and improvements, or amendments to the plans, |
|
that are prepared by the Natural Resources Conservation Service of |
|
the United States Department of Agriculture and approved by the |
|
district directors. |
|
(c) An engineer's report covering the plans and |
|
improvements to be constructed, and the maps, plats, profiles, and |
|
data fully showing and explaining the plans and improvements, are |
|
not required to be filed in the district office before an election |
|
is held to authorize the issuance of bonds for the works and |
|
improvements. The plans and specifications, engineering reports, |
|
profiles, maps, and other data, and subsequent amendments to those |
|
items, are not required to be approved by the commission before the |
|
bonds are issued. |
|
(d) Before the district may spend any funds for the |
|
construction of any works and improvements, the commission must |
|
approve the portion of the works and improvements to be |
|
constructed. The commission's advance approval for the entire |
|
project contemplated by the district is not required. The |
|
commission may approve on a separate basis the portion of the entire |
|
project or works and improvements: |
|
(1) to be constructed at a particular time; and |
|
(2) on which plans and specifications of the Natural |
|
Resources Conservation Service have been prepared and submitted by |
|
the district to the commission. (Acts 55th Leg., 1st C.S., Ch. 18, |
|
Sec. 9 (part); New.) |
|
[Sections 9013.208-9013.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 9013.251. ISSUANCE OF BONDS. To accomplish a district |
|
purpose, the district may issue bonds as provided by general law for |
|
water control and improvement districts to obtain money necessary |
|
to furnish land or easements or permanent improvements on the land |
|
or easements. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 8 (part).) |
|
Sec. 9013.252. FAILED BOND ELECTION. (a) A general law, |
|
including Sections 51.781-51.791, Water Code, that provides for |
|
calling a hearing on the dissolution of a district after a failed |
|
district bond election does not apply to the district. |
|
(b) The district continues to exist and retain its full |
|
power to function and operate regardless of the outcome of a bond |
|
election. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 9 (part).) |
|
Sec. 9013.253. BONDS EXEMPT FROM TAXATION. A bond issued |
|
under this chapter, the transfer of the bond, and income from the |
|
bond, including profits made on the sale of the bond, are exempt |
|
from taxation in this state. (Acts 55th Leg., 1st C.S., Ch. 18, |
|
Sec. 3 (part).) |
|
CHAPTER 9018. BOLING MUNICIPAL WATER DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9018.001. DEFINITIONS |
|
Sec. 9018.002. NATURE OF DISTRICT |
|
Sec. 9018.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
[Sections 9018.004-9018.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION AND EXCLUSION |
|
Sec. 9018.051. DISTRICT TERRITORY |
|
Sec. 9018.052. AUTHORITY TO ANNEX OR EXCLUDE TERRITORY |
|
Sec. 9018.053. PETITION TO CHANGE BOUNDARIES |
|
Sec. 9018.054. HEARING; NOTICE |
|
Sec. 9018.055. BOARD APPROVAL OF ANNEXATION |
|
Sec. 9018.056. BOARD APPROVAL OF EXCLUSION |
|
Sec. 9018.057. RATIFICATION ELECTION; NOTICE |
|
Sec. 9018.058. TAX LIABILITY OF EXCLUDED TERRITORY; |
|
BONDS OUTSTANDING |
|
[Sections 9018.059-9018.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 9018.101. COMPOSITION OF BOARD |
|
[Sections 9018.102-9018.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 9018.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS |
|
Sec. 9018.152. COST OF RELOCATING OR ALTERING PROPERTY |
|
[Sections 9018.153-9018.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9018.201. TAX METHOD |
|
CHAPTER 9018. BOLING MUNICIPAL WATER DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9018.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "District" means the Boling Municipal Water |
|
District. (Acts 54th Leg., R.S., Ch. 286, Sec. 1 (part); New.) |
|
Sec. 9018.002. NATURE OF DISTRICT. The district is: |
|
(1) a conservation and reclamation district in Wharton |
|
County under Section 59, Article XVI, Texas Constitution; and |
|
(2) a municipal corporation. (Acts 54th Leg., R.S., |
|
Ch. 286, Secs. 1 (part), 5 (part).) |
|
Sec. 9018.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the creation of the district. |
|
(c) The creation of the district is essential to accomplish |
|
the purpose of Section 59, Article XVI, Texas Constitution. (Acts |
|
54th Leg., R.S., Ch. 286, Secs. 4 (part), 5 (part).) |
|
[Sections 9018.004-9018.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION AND EXCLUSION |
|
Sec. 9018.051. DISTRICT TERRITORY. The district is |
|
composed of the territory described by Section 1, Chapter 286, Acts |
|
of the 54th Legislature, Regular Session, 1955, as that territory |
|
may have been modified under: |
|
(1) this subchapter or its predecessor statute, |
|
Section 4(a), Chapter 286, Acts of the 54th Legislature, Regular |
|
Session, 1955; |
|
(2) Subchapter O, Chapter 51, Water Code; |
|
(3) Subchapter J, Chapter 49, Water Code; or |
|
(4) other law. (New.) |
|
Sec. 9018.052. AUTHORITY TO ANNEX OR EXCLUDE TERRITORY. |
|
Defined areas of territory not included in the territory described |
|
by Section 1, Chapter 286, Acts of the 54th Legislature, Regular |
|
Session, 1955, may be added to the district, and territory included |
|
in the district may be excluded from the district as provided by |
|
this subchapter. (Acts 54th Leg., R.S., Ch. 286, Sec. 4(a) (part).) |
|
Sec. 9018.053. PETITION TO CHANGE BOUNDARIES. (a) A |
|
petition for: |
|
(1) annexation of territory must be signed by a |
|
majority of the landowners of the territory; and |
|
(2) exclusion of territory must be signed by all of the |
|
landowners of the territory sought to be excluded from the |
|
district. |
|
(b) The petition must be filed with the board secretary. |
|
(Acts 54th Leg., R.S., Ch. 286, Sec. 4(a), Subsec. (a).) |
|
Sec. 9018.054. HEARING; NOTICE. (a) At the next board |
|
meeting after the date the petition is filed, the board shall order |
|
a time and place to hold a hearing on the petition. |
|
(b) The hearing shall be held not earlier than the 15th day |
|
and not later than the 60th day after the date of the order. |
|
(c) The secretary shall issue notice of the time and place |
|
of the hearing. The notice must contain a description of the |
|
territory sought to be annexed or excluded. |
|
(d) Notice of the hearing shall be given by posting a copy of |
|
the notice in three public places in the district and one copy in |
|
the territory sought to be annexed or excluded. (Acts 54th Leg., |
|
R.S., Ch. 286, Sec. 4(a), Subsecs. (b), (c).) |
|
Sec. 9018.055. BOARD APPROVAL OF ANNEXATION. (a) The |
|
board shall enter an order of temporary acceptance in the minutes of |
|
the hearing if, on hearing the petition for annexation, the board |
|
finds that: |
|
(1) the proposed annexation is to the advantage of the |
|
district; |
|
(2) no injury would result to the district; and |
|
(3) the territory to be annexed will benefit from the |
|
improvements and plans of the district. |
|
(b) The order may include all of the land described in the |
|
petition, but if the board finds a modification or change is |
|
necessary, the board shall include only territory that will benefit |
|
and not result in injury to the existing district. |
|
(c) The board may condition its findings for the annexation |
|
of territory on the grant of certain petitions for exclusion. |
|
(d) An annexation of territory does not become effective |
|
until ratified at an election under Section 9018.057. (Acts 54th |
|
Leg., R.S., Ch. 286, Sec. 4(a), Subsec. (d) (part).) |
|
Sec. 9018.056. BOARD APPROVAL OF EXCLUSION. (a) The board |
|
may enter an order of temporary exclusion of territory if, on |
|
hearing the petition for exclusion, the board finds that: |
|
(1) the territory will not be benefited by the further |
|
improvements planned by the district; and |
|
(2) the benefits accorded to the territory to be |
|
excluded by improvements previously authorized by the district do |
|
not have a proportionate relationship to the benefits received by |
|
the remainder of the district. |
|
(b) An exclusion of territory does not become effective |
|
until ratified at an election under Section 9018.057. (Acts 54th |
|
Leg., R.S., Ch. 286, Sec. 4(a), Subsec. (d) (part).) |
|
Sec. 9018.057. RATIFICATION ELECTION; NOTICE. |
|
(a) Immediately on the entry of an order under Section 9018.055 or |
|
9018.056, the board shall enter an order for an election for the |
|
purpose of ratifying the board's action by the assumption of the |
|
proportionate share of all obligations previously issued, voted, |
|
owned, or contracted for by the district. |
|
(b) At an election held to ratify only the annexation of |
|
territory, separate polling places shall be provided for the |
|
existing territory of the district and the territory to be annexed. |
|
(c) An election held only to ratify the exclusion of |
|
territory from the district shall be held in the area of the |
|
district as the district will exist if the territory is excluded, |
|
and the voters of the territory to be excluded may not participate |
|
in the election. |
|
(d) If the annexation and the exclusion of territory are |
|
simultaneously submitted as separate propositions, the election |
|
shall be held as provided by Subsection (b) except: |
|
(1) the voters in the territory to be excluded shall |
|
vote, in a separate box, only on the question of assumption of debt |
|
if the election for the exclusion fails; and |
|
(2) the voters in the territory to be annexed and the |
|
voters in the district shall have the right to vote for assumption |
|
of debt conditioned on exclusion of the other territory and the |
|
annexation. |
|
(e) If the board has conditioned an annexation on the |
|
exclusion of other territory from the district, the election shall |
|
be held as provided by Subsection (b), except the voters of the |
|
territory to be excluded may not vote in the election. |
|
(f) If a separate polling place is required under this |
|
section, a favorable majority of the participating voters at each |
|
polling place is required to assume the debt and approve the |
|
tentative order of the board. |
|
(g) The manner of giving notice and holding the election is |
|
the same as provided for confirmation elections under general law |
|
for water control and improvement districts. (Acts 54th Leg., |
|
R.S., Ch. 286, Sec. 4(a), Subsec. (e).) |
|
Sec. 9018.058. TAX LIABILITY OF EXCLUDED TERRITORY; BONDS |
|
OUTSTANDING. (a) Territory excluded by an election is not liable |
|
for any obligations voted by the district after the election. |
|
(b) The excluded territory remains liable for the payment of |
|
taxes to pay obligations incurred before the exclusion until: |
|
(1) all of the holders of outstanding bonds: |
|
(A) consent to the release of the excluded |
|
territory; and |
|
(B) file the consent in writing with the |
|
secretary of the district; or |
|
(2) the obligations are paid or refunded. |
|
(c) The territory assuming the obligations is first subject |
|
to taxes for the payment of the obligations. The taxes against the |
|
excluded territory are levied only to prevent default on the |
|
obligations, except the district may levy taxes against the |
|
territory to create and maintain a reserve for that contingency. |
|
The reserve may not exceed the proportionate amount, based on tax |
|
valuations, of the average annual principal and interest |
|
requirements on the outstanding obligations. |
|
(d) If the bonds are refunded, the resolution must expressly |
|
provide for the release of the excluded territory from the |
|
obligation to pay further taxes. (Acts 54th Leg., R.S., Ch. 286, |
|
Sec. 4(a), Subsec. (f).) |
|
[Sections 9018.059-9018.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 9018.101. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 54th Leg., R.S., Ch. 286, Sec. 3 |
|
(part).) |
|
[Sections 9018.102-9018.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 9018.151. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS. The district has the rights, powers, privileges, and |
|
duties provided by general law applicable to a water control and |
|
improvement district created under Section 59, Article XVI, Texas |
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 54th |
|
Leg., R.S., Ch. 286, Sec. 2 (part).) |
|
Sec. 9018.152. COST OF RELOCATING OR ALTERING PROPERTY. If |
|
the district's exercise of the power of eminent domain, the power of |
|
relocation, or any other power granted by this chapter, makes |
|
necessary the relocating, raising, rerouting, changing the grade, |
|
or altering the construction of a highway, railroad, electric |
|
transmission line, pipeline, or telegraph or telephone property or |
|
facility, the necessary action shall be accomplished at the sole |
|
expense of the district. (Acts 54th Leg., R.S., Ch. 286, Sec. 2A.) |
|
[Sections 9018.153-9018.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9018.201. TAX METHOD. (a) The district shall use the |
|
ad valorem plan of taxation. |
|
(b) The board is not required to hold a hearing on the |
|
adoption of a plan of taxation. (Acts 54th Leg., R.S., Ch. 286, Sec. |
|
4 (part).) |
|
CHAPTER 9019. BROOKSHIRE MUNICIPAL WATER DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9019.001. DEFINITIONS |
|
Sec. 9019.002. NATURE OF DISTRICT |
|
Sec. 9019.003. DISTRICT TERRITORY |
|
[Sections 9019.004-9019.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 9019.051. COMPOSITION OF BOARD |
|
Sec. 9019.052. QUALIFICATIONS FOR OFFICE |
|
[Sections 9019.053-9019.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 9019.101. GENERAL POWERS |
|
Sec. 9019.102. POWER TO ACQUIRE PROPERTY AND ASSUME |
|
INDEBTEDNESS |
|
Sec. 9019.103. POWERS RELATING TO WATERWORKS OR |
|
SANITARY SEWER SYSTEM |
|
Sec. 9019.104. POWERS RELATING TO FIRE DEPARTMENT |
|
Sec. 9019.105. PROJECT APPROVAL |
|
[Sections 9019.106-9019.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9019.151. TAX METHOD |
|
[Sections 9019.152-9019.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 9019.201. AUTHORITY TO ISSUE BONDS |
|
Sec. 9019.202. BOND ELECTION REQUIRED |
|
Sec. 9019.203. NOTICE OF BOND ELECTION |
|
Sec. 9019.204. REFUNDING BONDS |
|
Sec. 9019.205. REFUNDING BOND ELECTION |
|
Sec. 9019.206. BOND APPROVAL |
|
CHAPTER 9019. BROOKSHIRE MUNICIPAL WATER DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9019.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "City" means the city of Brookshire, Texas. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Brookshire Municipal Water |
|
District. (Acts 52nd Leg., R.S., Ch. 418, Sec. 1 (part); New.) |
|
Sec. 9019.002. NATURE OF DISTRICT. (a) The district is a |
|
conservation and reclamation district. |
|
(b) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. (Acts |
|
52nd Leg., R.S., Ch. 418, Sec. 1 (part).) |
|
Sec. 9019.003. DISTRICT TERRITORY. (a) The district |
|
consists of the territory included in the incorporated city of |
|
Brookshire in Waller County, Texas, on April 1, 1951. The |
|
district's territory may have been modified under: |
|
(1) Chapter 3A, Title 128, Revised Statutes, before |
|
August 30, 1971; |
|
(2) Subchapter O, Chapter 51, Water Code; |
|
(3) Subchapter J, Chapter 49, Water Code; or |
|
(4) other law. |
|
(b) A defect in the definition of the boundaries of the city |
|
of Brookshire or in a past proceeding for the annexation or |
|
exclusion of territory to or from the city does not affect the |
|
validity of the district or any of its powers and duties. (Acts |
|
52nd Leg., R.S., Ch. 418, Secs. 1 (part), 1a; New.) |
|
[Sections 9019.004-9019.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 9019.051. COMPOSITION OF BOARD. The district is |
|
governed by a board of five elected directors. (Acts 52nd Leg., |
|
R.S., Ch. 418, Sec. 2 (part).) |
|
Sec. 9019.052. QUALIFICATIONS FOR OFFICE. A director must |
|
be: |
|
(1) at least 18 years of age; |
|
(2) a resident of the state; and |
|
(3) the owner of property subject to taxation in the |
|
district. (Acts 52nd Leg., R.S., Ch. 418, Sec. 2 (part).) |
|
[Sections 9019.053-9019.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 9019.101. GENERAL POWERS. (a) Except as otherwise |
|
provided by this chapter, the district: |
|
(1) has all the powers and duties granted water |
|
control and improvement districts by Chapters 49 and 51, Water |
|
Code, and all other laws relating to water control and improvement |
|
districts; and |
|
(2) shall be governed by all of the laws described by |
|
Subdivision (1) and the powers, functions, duties, privileges, and |
|
procedures provided by those laws. |
|
(b) The district may exercise the rights, privileges, and |
|
functions provided by this chapter. (Acts 52nd Leg., R.S., Ch. 418, |
|
Secs. 1 (part), 3 (part).) |
|
Sec. 9019.102. POWER TO ACQUIRE PROPERTY AND ASSUME |
|
INDEBTEDNESS. (a) The district may purchase or otherwise acquire |
|
from the city any property owned by the city, for the production, |
|
distribution, and sale of water and everything appurtenant thereto |
|
on terms agreed to by the governing bodies of the city and the |
|
district. |
|
(b) The district may assume all outstanding bonds, |
|
warrants, and other forms of indebtedness of the city issued for |
|
waterworks purposes, including indebtedness payable from: |
|
(1) the revenue of the city's waterworks system; or |
|
(2) ad valorem taxes. |
|
(c) The assumption of indebtedness described by Subsection |
|
(b) must first be approved at an election held in the district in |
|
the manner provided by this chapter for bond elections. (Acts 52nd |
|
Leg., R.S., Ch. 418, Sec. 4.) |
|
Sec. 9019.103. POWERS RELATING TO WATERWORKS OR SANITARY |
|
SEWER SYSTEM. The district may: |
|
(1) purchase, construct, or otherwise acquire a |
|
waterworks or sanitary sewer system; |
|
(2) own and operate a system described by Subdivision |
|
(1); and |
|
(3) construct an addition, extension, or improvement |
|
to a system described by Subdivision (1). (Acts 52nd Leg., R.S., |
|
Ch. 418, Sec. 5 (part).) |
|
Sec. 9019.104. POWERS RELATING TO FIRE DEPARTMENT. The |
|
district may: |
|
(1) purchase or otherwise acquire, maintain, and |
|
operate a firefighting facility and equipment to protect property |
|
belonging to the district and other property in the district; |
|
(2) maintain and operate a fire department; |
|
(3) employ a fire marshal; and |
|
(4) pay a reward for information leading to the arrest |
|
and conviction of a person on a charge of arson in connection with |
|
the burning or attempted burning of property in the district. (Acts |
|
52nd Leg., R.S., Ch. 418, Sec. 5 (part).) |
|
Sec. 9019.105. PROJECT APPROVAL. The board is not required |
|
to secure the approval of the Texas Commission on Environmental |
|
Quality for any district project. (Acts 52nd Leg., R.S., Ch. 418, |
|
Sec. 3 (part).) |
|
[Sections 9019.106-9019.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9019.151. TAX METHOD. The district shall use the ad |
|
valorem plan of taxation. (Acts 52nd Leg., R.S., Ch. 418, Sec. 3 |
|
(part).) |
|
[Sections 9019.152-9019.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 9019.201. AUTHORITY TO ISSUE BONDS. To carry out a |
|
power the district is authorized to perform, the district may issue |
|
bonds payable from and secured by: |
|
(1) ad valorem taxes; |
|
(2) all or part of the net revenue of the |
|
income-producing properties of the district, as specified by the |
|
board, after deducting reasonable expenses for maintenance, |
|
operation, and administration; or |
|
(3) ad valorem taxes and the net revenue described by |
|
Subdivision (2). (Acts 52nd Leg., R.S., Ch. 418, Sec. 6 (part).) |
|
Sec. 9019.202. BOND ELECTION REQUIRED. The district may |
|
issue bonds only if the bonds are authorized by a majority of the |
|
district voters voting at an election called by the board. (Acts |
|
52nd Leg., R.S., Ch. 418, Sec. 6 (part).) |
|
Sec. 9019.203. NOTICE OF BOND ELECTION. (a) Except as |
|
otherwise provided by this section, notice of a bond election must |
|
be given in the manner required of bond elections in water control |
|
and improvement districts. |
|
(b) The notice must be published once a week for two |
|
consecutive weeks in a newspaper of general circulation in the |
|
district. Publication of the first notice must be at least 14 days |
|
before the date of the election. |
|
(c) The notice is not required to state any summary of |
|
engineers or other estimates of cost. (Acts 52nd Leg., R.S., Ch. |
|
418, Sec. 6 (part); New.) |
|
Sec. 9019.204. REFUNDING BONDS. (a) The district may |
|
issue refunding bonds to refund: |
|
(1) outstanding bonds issued by the district and |
|
interest on those bonds; or |
|
(2) outstanding bonds of the city assumed by the |
|
district. |
|
(b) Refunding bonds may: |
|
(1) be issued to refund more than one series of |
|
outstanding district bonds, including bonds assumed by the |
|
district; |
|
(2) combine the pledges of net revenue, taxes, or |
|
both, that secure the outstanding bonds for the security of the |
|
refunding bonds; and |
|
(3) be secured by a pledge of other or additional |
|
revenue. |
|
(c) Refunding bonds may be combined and issued jointly with |
|
new money bonds to be issued and sold to carry out a power for which |
|
the district may issue bonds. |
|
(d) The comptroller shall register the refunding bonds on |
|
the surrender and cancellation of the bonds to be refunded. |
|
(e) Instead of issuing bonds to be registered on the |
|
surrender and cancellation of the bonds to be refunded, the |
|
district, in the resolution authorizing the issuance of the |
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
the deposit of the proceeds in a bank at which the bonds to be |
|
refunded are payable. In that case, the refunding bonds may be |
|
issued in an amount sufficient to pay the interest on the bonds to |
|
be refunded to their option date or maturity date, and the |
|
comptroller shall register the refunding bonds without the |
|
surrender and cancellation of the bonds to be refunded. (Acts 52nd |
|
Leg., R.S., Ch. 418, Sec. 7 (part).) |
|
Sec. 9019.205. REFUNDING BOND ELECTION. (a) Except as |
|
otherwise provided by this section, refunding bonds may be issued |
|
without an election. |
|
(b) The district may not issue refunding bonds to refund |
|
outstanding bonds of the city unless the district's assumption of |
|
those bonds is first authorized at an election in the district held |
|
in the manner provided by this chapter for bond elections. |
|
(c) Refunding bonds payable wholly or partly from ad valorem |
|
taxes may not be issued to refund revenue bonds issued by the |
|
district or revenue bonds of the city assumed by the district unless |
|
the refunding bonds are authorized at an election held in the manner |
|
provided by this chapter for bond elections. (Acts 52nd Leg., R.S., |
|
Ch. 418, Sec. 7 (part).) |
|
Sec. 9019.206. BOND APPROVAL. The board is not required to |
|
secure the approval of the Texas Commission on Environmental |
|
Quality for district bonds. (Acts 52nd Leg., R.S., Ch. 418, Sec. 3 |
|
(part).) |
|
CHAPTER 9026. CEDAR BAYOU PARK UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9026.001. DEFINITIONS |
|
Sec. 9026.002. NATURE OF DISTRICT |
|
Sec. 9026.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
Sec. 9026.004. DISTRICT TERRITORY |
|
Sec. 9026.005. EXPANSION OF DISTRICT |
|
Sec. 9026.006. STATE POLICY REGARDING WASTE DISPOSAL |
|
[Sections 9026.007-9026.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 9026.051. COMPOSITION OF BOARD |
|
Sec. 9026.052. DIRECTOR'S BOND |
|
Sec. 9026.053. BOARD VACANCY |
|
Sec. 9026.054. BOARD PRESIDENT'S POWER TO EXECUTE |
|
CONTRACTS |
|
Sec. 9026.055. ABSENCE OR INACTION OF BOARD PRESIDENT |
|
Sec. 9026.056. DISTRICT OFFICE |
|
[Sections 9026.057-9026.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 9026.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS |
|
Sec. 9026.102. ADDITIONAL POWERS |
|
Sec. 9026.103. LIMIT ON EMINENT DOMAIN |
|
Sec. 9026.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 9026.105. WATER, SEWER, OR DRAINAGE CONTRACTS; |
|
ELECTION NOT REQUIRED; BONDS |
|
Sec. 9026.106. NOTICE OF ELECTION |
|
Sec. 9026.107. DISTRICT RULES |
|
[Sections 9026.108-9026.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9026.151. TAX METHOD |
|
Sec. 9026.152. DISTRICT ACCOUNTS |
|
Sec. 9026.153. COPY OF AUDIT REPORT |
|
Sec. 9026.154. PAYMENT OF TAX OR ASSESSMENT NOT |
|
REQUIRED |
|
Sec. 9026.155. DEPOSITORY |
|
[Sections 9026.156-9026.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 9026.201. ISSUANCE OF BONDS |
|
Sec. 9026.202. ADDITIONAL SECURITY |
|
Sec. 9026.203. TRUST INDENTURE |
|
Sec. 9026.204. ORDER OR RESOLUTION AUTHORIZING |
|
ISSUANCE OF CERTAIN BONDS |
|
Sec. 9026.205. USE OF BOND PROCEEDS |
|
CHAPTER 9026. CEDAR BAYOU PARK UTILITY DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9026.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Cedar Bayou Park Utility |
|
District. (Acts 61st Leg., R.S., Ch. 261, Sec. 1 (part); New.) |
|
Sec. 9026.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 61st |
|
Leg., R.S., Ch. 261, Sec. 1 (part).) |
|
Sec. 9026.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
|
(a) The district is created to serve a public use and benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(d) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state and for the |
|
improvement of their property and industries. The district in |
|
carrying out the purposes of this chapter will be performing an |
|
essential public function under the Texas Constitution. (Acts 61st |
|
Leg., R.S., Ch. 261, Secs. 1 (part), 4, 24 (part).) |
|
Sec. 9026.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 2, Chapter 261, Acts |
|
of the 61st Legislature, Regular Session, 1969, as that territory |
|
may have been modified under: |
|
(1) Subchapter O, Chapter 51, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; |
|
(3) Section 9026.005 or its predecessor statute, |
|
former Section 9, Chapter 261, Acts of the 61st Legislature, |
|
Regular Session, 1969; or |
|
(4) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond for |
|
a purpose for which the district is created or to pay the principal |
|
of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) in any other manner, the legality or operation of |
|
the district or the board. (Acts 61st Leg., R.S., Ch. 261, Sec. 3; |
|
New.) |
|
Sec. 9026.005. EXPANSION OF DISTRICT. (a) If land is |
|
annexed by the district under Section 49.301 or 51.714, Water Code, |
|
the board may require the petitioners to: |
|
(1) assume the petitioners' pro rata share of the voted |
|
but unissued bonds of the district; and |
|
(2) authorize the board to impose a tax on the |
|
petitioners' property to pay for the bonds after the bonds have been |
|
issued. |
|
(b) If land is annexed by the district under Section 49.302, |
|
Water Code, the board may submit to the voters of the area to be |
|
annexed a proposition on the question of the assumption by the area |
|
to be annexed of its part of the voted but not yet issued or sold tax |
|
or tax-revenue bonds of the district and the imposition of an ad |
|
valorem tax on taxable property in the area to be annexed along with |
|
a tax in the rest of the district for the payment of the bonds. |
|
(c) If the petitioners consent or if the election results |
|
favorably, the district may issue its voted but unissued tax or |
|
tax-revenue bonds regardless of changes to district boundaries |
|
since the voting or authorization of those bonds. (Acts 61st Leg., |
|
R.S., Ch. 261, Sec. 9.) |
|
Sec. 9026.006. STATE POLICY REGARDING WASTE DISPOSAL. The |
|
district's powers and duties are subject to the state policy of |
|
encouraging the development and use of integrated area-wide waste |
|
collection, treatment, and disposal systems to serve the waste |
|
disposal needs of this state's residents, if integrated systems can |
|
reasonably be provided for an area, so as to avoid the economic |
|
burden on residents and the impact on state water quality caused by |
|
the construction and operation of numerous small waste collection, |
|
treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch. |
|
261, Sec. 5 (part).) |
|
[Sections 9026.007-9026.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 9026.051. COMPOSITION OF BOARD. The board consists of |
|
five elected directors. (Acts 61st Leg., R.S., Ch. 261, Sec. 10 |
|
(part).) |
|
Sec. 9026.052. DIRECTOR'S BOND. (a) Each director shall |
|
qualify by giving bond in the amount of $5,000 for the faithful |
|
performance of the director's duties. |
|
(b) The bonds must be recorded in a record book kept for that |
|
purpose in the district office. (Acts 61st Leg., R.S., Ch. 261, |
|
Sec. 10 (part).) |
|
Sec. 9026.053. BOARD VACANCY. (a) Except as provided by |
|
Subsection (b), a vacancy in the office of director shall be filled |
|
in the manner provided by Section 49.105, Water Code. |
|
(b) The county judge of the county in which the district is |
|
located shall appoint directors to fill all of the vacancies on the |
|
board whenever the number of qualified directors is less than |
|
three. (Acts 61st Leg., R.S., Ch. 261, Sec. 10 (part).) |
|
Sec. 9026.054. BOARD PRESIDENT'S POWER TO EXECUTE |
|
CONTRACTS. The board president may execute all contracts, |
|
including construction contracts, entered into by the board on |
|
behalf of the district. (Acts 61st Leg., R.S., Ch. 261, Sec. 10 |
|
(part).) |
|
Sec. 9026.055. ABSENCE OR INACTION OF BOARD PRESIDENT. |
|
(a) When the board president is absent or fails or declines to act, |
|
the board vice president shall perform all duties and exercise all |
|
power that this chapter or general law gives the president. |
|
(b) If the board president is absent from a board meeting, |
|
the board vice president may sign an order adopted or other action |
|
taken at the meeting, or the board may authorize the president to |
|
sign the order or implement the action. (Acts 61st Leg., R.S., Ch. |
|
261, Sec. 10 (part).) |
|
Sec. 9026.056. DISTRICT OFFICE. (a) The board shall |
|
designate, establish, and maintain a district office as provided by |
|
Section 49.062, Water Code. |
|
(b) The board may establish a second district office outside |
|
the district. If the board establishes a district office outside |
|
the district, the board shall give notice of the location of that |
|
office by: |
|
(1) filing a copy of the board resolution that |
|
establishes the location of the office: |
|
(A) with the Texas Commission on Environmental |
|
Quality; and |
|
(B) in the water control and improvement district |
|
records of each county in which the district is located; and |
|
(2) publishing notice of the location of the office in |
|
a newspaper of general circulation in each county in which the |
|
district is located. |
|
(c) A district office may be a private residence or office. |
|
A district office that is a private residence or office is a public |
|
place for matters relating to the district's business. |
|
(d) The board shall give notice of any change in the |
|
location of the district office outside the district in the manner |
|
required by Subsection (b). (Acts 61st Leg., R.S., Ch. 261, Sec. |
|
15.) |
|
[Sections 9026.057-9026.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 9026.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS. The district has all of the rights, powers, privileges, and |
|
functions provided by general law applicable to water control and |
|
improvement districts created under Section 59, Article XVI, Texas |
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 61st |
|
Leg., R.S., Ch. 261, Sec. 5 (part).) |
|
Sec. 9026.102. ADDITIONAL POWERS. (a) The district may: |
|
(1) make, purchase, construct, lease, or otherwise |
|
acquire property, works, facilities, or improvements, existing or |
|
to be made, constructed, or acquired, inside or outside the |
|
district's boundaries and necessary to carry out the powers granted |
|
by this chapter or general law; or |
|
(2) enter into a contract with a person on terms the |
|
board considers desirable, fair, and advantageous for: |
|
(A) the purchase or sale of water; |
|
(B) the transportation, treatment, and disposal |
|
of the domestic, industrial, or communal wastes of the district or |
|
others; |
|
(C) the continuing and orderly development of |
|
land and property in the district through the purchase, |
|
construction, or installation of facilities, works, or |
|
improvements that the district is otherwise authorized to do or |
|
perform so that, to the greatest extent reasonably possible, |
|
considering sound engineering and economic practices, all of the |
|
land and property may ultimately receive the services of the |
|
facilities, works, or improvements; and |
|
(D) the performance of any of the rights or |
|
powers granted by this chapter or general law. |
|
(b) A contract under Subsection (a)(2) may not have a |
|
duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 261, |
|
Sec. 5 (part).) |
|
Sec. 9026.103. LIMIT ON EMINENT DOMAIN. The district may |
|
exercise the power of eminent domain only: |
|
(1) in a county in which the district is located; and |
|
(2) when necessary to carry out the purposes for which |
|
the district was created. (Acts 61st Leg., R.S., Ch. 261, Sec. 13 |
|
(part).) |
|
Sec. 9026.104. COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of a facility described by Subsection (b) |
|
in providing comparable replacement without enhancement of the |
|
facility, after deducting from that cost the net salvage value of |
|
the old facility. |
|
(b) If the district's exercise of the power of eminent |
|
domain, power of relocation, or any other power granted by this |
|
chapter makes necessary the relocation, raising, rerouting, |
|
changing the grade, or alteration of the construction of a highway, |
|
a railroad, an electric transmission line, a telegraph or telephone |
|
property or facility, or a pipeline, the necessary action shall be |
|
accomplished at the sole expense of the district. (Acts 61st Leg., |
|
R.S., Ch. 261, Sec. 13 (part).) |
|
Sec. 9026.105. WATER, SEWER, OR DRAINAGE CONTRACTS; |
|
ELECTION NOT REQUIRED; BONDS. (a) The district and a political |
|
subdivision may enter into a water, sewer, or drainage contract or |
|
any combination of those contracts without an election by any |
|
contracting party to approve the contract. |
|
(b) The district may pay for an obligation incurred under a |
|
contract under this section by issuing bonds that, if otherwise |
|
necessary, have been approved by the voters in the manner provided |
|
by this chapter. |
|
(c) The district may deliver the district's bonds to the |
|
United States or an agency or instrumentality of the United States, |
|
or to this state or an agency or instrumentality of this state, that |
|
enters into a contract with the district under this section. (Acts |
|
61st Leg., R.S., Ch. 261, Sec. 5 (part).) |
|
Sec. 9026.106. NOTICE OF ELECTION. Notice of an election |
|
may be given under the hand of the board president or secretary. |
|
(Acts 61st Leg., R.S., Ch. 261, Sec. 19.) |
|
Sec. 9026.107. DISTRICT RULES. The district shall adopt |
|
and enforce reasonable and effective rules to secure and maintain |
|
safe, sanitary, and adequate plumbing installations, connections, |
|
and appurtenances, as subsidiary parts of the district's sewerage |
|
system, to aid in preserving the quality of water within or |
|
controlled by the district. (Acts 61st Leg., R.S., Ch. 261, Sec. |
|
16.) |
|
[Sections 9026.108-9026.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9026.151. TAX METHOD. (a) The district shall use the |
|
ad valorem plan of taxation. |
|
(b) The board is not required to call or hold a hearing on |
|
the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 261, |
|
Sec. 8.) |
|
Sec. 9026.152. DISTRICT ACCOUNTS. The district shall keep |
|
a complete system of the district's accounts. (Acts 61st Leg., |
|
R.S., Ch. 261, Sec. 14 (part).) |
|
Sec. 9026.153. COPY OF AUDIT REPORT. A copy of the audit |
|
report prepared under Subchapter G, Chapter 49, Water Code, shall |
|
be delivered: |
|
(1) to each director; and |
|
(2) to a holder of at least 25 percent of the |
|
outstanding bonds of the district, on request. (Acts 61st Leg., |
|
R.S., Ch. 261, Sec. 14 (part); New.) |
|
Sec. 9026.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
The district is not required to pay a tax or assessment on: |
|
(1) district property; or |
|
(2) a purchase made by the district. (Acts 61st Leg., |
|
R.S., Ch. 261, Sec. 24 (part).) |
|
Sec. 9026.155. DEPOSITORY. (a) The board shall select one |
|
or more banks in this state to act as depository for the district's |
|
money. |
|
(b) To the extent that money in the depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. |
|
(c) A director may be a shareholder in a bank that is a |
|
depository of district money. (Acts 61st Leg., R.S., Ch. 261, Sec. |
|
14 (part).) |
|
[Sections 9026.156-9026.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 9026.201. ISSUANCE OF BONDS. (a) The district may |
|
issue tax bonds, revenue bonds, or tax and revenue bonds to provide |
|
money for any purpose of this chapter, including the acquisition of |
|
land. |
|
(b) The district must issue bonds in the manner provided by |
|
Chapters 49 and 51, Water Code, except that the district may issue |
|
bonds payable solely from net revenue by resolution or order of the |
|
board without an election. |
|
(c) Bonds issued under this subchapter may be payable from |
|
all or any designated part of the revenue of district property and |
|
facilities or under a specific contract, as provided in the order or |
|
resolution authorizing the issuance of the bonds. (Acts 61st Leg., |
|
R.S., Ch. 261, Sec. 12 (part).) |
|
Sec. 9026.202. ADDITIONAL SECURITY. (a) Within the |
|
discretion of the board, bonds issued under this subchapter may be |
|
additionally secured by a deed of trust or mortgage lien on physical |
|
property of the district and franchises, easements, water rights |
|
and appropriation permits, leases, contracts, and all rights |
|
appurtenant to that property, vesting in the trustee: |
|
(1) the power to sell the property for payment of the |
|
debt; |
|
(2) the power to operate the property; and |
|
(3) all other powers to further secure the bonds. |
|
(b) A purchaser under a sale under the deed of trust or |
|
mortgage lien, if one is given: |
|
(1) is the absolute owner of the property, facilities, |
|
and rights purchased; and |
|
(2) may maintain and operate the property and |
|
facilities. (Acts 61st Leg., R.S., Ch. 261, Sec. 12 (part).) |
|
Sec. 9026.203. TRUST INDENTURE. A trust indenture created |
|
under Section 9026.202, regardless of the existence of a deed of |
|
trust or mortgage lien on the property, may: |
|
(1) contain provisions prescribed by the board for the |
|
security of the bonds and the preservation of the trust estate; |
|
(2) provide for amendment or modification of the trust |
|
indenture; |
|
(3) provide for the issuance of bonds to replace lost |
|
or mutilated bonds; |
|
(4) condition the right to spend district money or |
|
sell district property on the approval of a licensed engineer |
|
selected as provided by the trust indenture; and |
|
(5) provide for the investment of district money. |
|
(Acts 61st Leg., R.S., Ch. 261, Sec. 12 (part).) |
|
Sec. 9026.204. ORDER OR RESOLUTION AUTHORIZING ISSUANCE OF |
|
CERTAIN BONDS. (a) In an order or resolution authorizing the |
|
issuance of revenue, tax-revenue, revenue refunding, or |
|
tax-revenue refunding bonds, the board may: |
|
(1) provide for: |
|
(A) the flow of money; and |
|
(B) the establishment and maintenance of the |
|
interest and sinking fund, reserve fund, or other fund; |
|
(2) make additional covenants with respect to the |
|
bonds and the pledged revenue and the operation and maintenance of |
|
the improvements and facilities the revenue of which is pledged, |
|
including provisions for the operation or leasing of all or part of |
|
the improvements and facilities and the use or pledge of money |
|
received from the operation contract or lease as the board |
|
considers appropriate; |
|
(3) prohibit the further issuance of bonds or other |
|
obligations payable from the pledged revenue or reserve the right |
|
to issue additional bonds to be secured by a pledge of and payable |
|
from the revenue on a parity with, or subordinate to, the lien and |
|
pledge in support of the bonds being issued, subject to any |
|
conditions set forth in the order or resolution; and |
|
(4) include any other provision or covenant, as the |
|
board determines, that is not prohibited by the Texas Constitution |
|
or this chapter. |
|
(b) The board may adopt and execute any other proceeding or |
|
instrument necessary or convenient in the issuance of the bonds. |
|
(Acts 61st Leg., R.S., Ch. 261, Sec. 12 (part).) |
|
Sec. 9026.205. USE OF BOND PROCEEDS. (a) The district may |
|
appropriate or set aside out of proceeds from the sale of district |
|
bonds an amount for: |
|
(1) the payment of interest, administrative, and |
|
operating expenses expected to accrue during the period of |
|
construction, as may be provided in the bond orders or resolutions; |
|
and |
|
(2) the payment of all expenses incurred and to be |
|
incurred in the issuance, sale, and delivery of the bonds. |
|
(b) For purposes of this section, the period of construction |
|
may not exceed three years. (Acts 61st Leg., R.S., Ch. 261, Sec. 12 |
|
(part).) |
|
CHAPTER 9029. CLEAR LAKE CITY WATER AUTHORITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9029.001. DEFINITIONS |
|
Sec. 9029.002. NATURE OF AUTHORITY |
|
Sec. 9029.003. LEGISLATIVE DECLARATION AND FINDINGS |
|
Sec. 9029.004. AUTHORITY TERRITORY |
|
Sec. 9029.005. CORRECTION OF INVALID PROCEDURES |
|
Sec. 9029.006. LIBERAL CONSTRUCTION OF CHAPTER |
|
[Sections 9029.007-9029.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 9029.051. COMPOSITION OF BOARD |
|
Sec. 9029.052. ELIGIBILITY |
|
Sec. 9029.053. OFFICERS |
|
Sec. 9029.054. DIRECTOR'S AND TREASURER'S BONDS |
|
[Sections 9029.055-9029.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 9029.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS |
|
Sec. 9029.102. ADDITIONAL POWERS |
|
Sec. 9029.103. CONTRACT FOR DEVELOPMENT OF LAND AND |
|
PROPERTY |
|
Sec. 9029.104. ELECTION NOT REQUIRED FOR CERTAIN |
|
CONTRACTS |
|
Sec. 9029.105. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 9029.106. BID ON PROPOSED CONSTRUCTION WORK |
|
[Sections 9029.107-9029.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9029.151. TAX METHOD |
|
Sec. 9029.152. AUTHORITY ACCOUNTS |
|
Sec. 9029.153. FISCAL YEAR |
|
Sec. 9029.154. COPY OF AUDIT REPORT |
|
Sec. 9029.155. PAYMENT OF TAX OR ASSESSMENT NOT |
|
REQUIRED |
|
Sec. 9029.156. POWER TO BORROW MONEY AND ACCEPT GRANTS |
|
OR OTHER SUPPORT |
|
Sec. 9029.157. DEPOSITORY |
|
[Sections 9029.158-9029.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 9029.201. AUTHORITY TO ISSUE BONDS |
|
Sec. 9029.202. ISSUANCE OF REVENUE BONDS |
|
Sec. 9029.203. BONDS EXEMPT FROM TAXATION |
|
CHAPTER 9029. CLEAR LAKE CITY WATER AUTHORITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9029.001. DEFINITIONS. In this chapter: |
|
(1) "Authority" means the Clear Lake City Water |
|
Authority. |
|
(2) "Board" means the authority's board of directors. |
|
(3) "Director" means a board member. (Acts 58th Leg., |
|
R.S., Ch. 101, Sec. 1 (part); New.) |
|
Sec. 9029.002. NATURE OF AUTHORITY. The authority is a |
|
conservation and reclamation district in Harris County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 58th |
|
Leg., R.S., Ch. 101, Sec. 1 (part).) |
|
Sec. 9029.003. LEGISLATIVE DECLARATION AND FINDINGS. |
|
(a) The legislature declares that: |
|
(1) the creation of the authority is essential to |
|
accomplish the purposes of Section 59, Article XVI, Texas |
|
Constitution; and |
|
(2) this chapter addresses a subject in which the |
|
state and general public are interested. |
|
(b) The legislature finds that: |
|
(1) all land and other property included in the |
|
boundaries of the authority will benefit from the works and |
|
projects accomplished by the authority under the powers conferred |
|
by Section 59, Article XVI, Texas Constitution; and |
|
(2) the authority is created to serve a public use and |
|
benefit. |
|
(c) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state and for the |
|
improvement of their property and industries. The authority in |
|
carrying out the purposes of this chapter will be performing an |
|
essential public function under the Texas Constitution. (Acts 58th |
|
Leg., R.S., Ch. 101, Secs. 1 (part), 3, 15 (part), 16 (part).) |
|
Sec. 9029.004. AUTHORITY TERRITORY. (a) The authority is |
|
composed of the territory described by Section 2, Chapter 101, Acts |
|
of the 58th Legislature, Regular Session, 1963, as that territory |
|
may have been modified under: |
|
(1) Subchapter O, Chapter 51, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; |
|
(3) Section 20, Chapter 101, Acts of the 58th |
|
Legislature, Regular Session, 1963; or |
|
(4) other law. |
|
(b) The boundaries of the authority form a closure. A |
|
mistake in the field notes or in copying the field notes in the |
|
legislative process does not affect: |
|
(1) the authority's organization, existence, or |
|
validity; |
|
(2) the authority's right to issue bonds or to pay the |
|
principal of and interest on the bonds; |
|
(3) the authority's right to impose a tax; or |
|
(4) the legality or operation of the authority or the |
|
board. (Acts 58th Leg., R.S., Ch. 101, Secs. 4, 20; New.) |
|
Sec. 9029.005. CORRECTION OF INVALID PROCEDURES. If a |
|
court holds that any procedure under this chapter violates the |
|
constitution of this state or of the United States, the authority by |
|
resolution may provide an alternative procedure that conforms with |
|
the constitution. (Acts 58th Leg., R.S., Ch. 101, Sec. 17 (part).) |
|
Sec. 9029.006. LIBERAL CONSTRUCTION OF CHAPTER. This |
|
chapter shall be liberally construed to effect the purposes, |
|
powers, and rights stated in this chapter. (Acts 58th Leg., R.S., |
|
Ch. 101, Sec. 16 (part).) |
|
[Sections 9029.007-9029.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 9029.051. COMPOSITION OF BOARD. The board consists of |
|
five elected directors. (Acts 58th Leg., R.S., Ch. 101, Sec. 10 |
|
(part).) |
|
Sec. 9029.052. ELIGIBILITY. A person may not be appointed |
|
or elected a director unless the person: |
|
(1) owns taxable property in the authority; and |
|
(2) resides in the authority. (Acts 58th Leg., R.S., |
|
Ch. 101, Sec. 10 (part).) |
|
Sec. 9029.053. OFFICERS. (a) The board shall elect from |
|
among its members a president, secretary, and any other officers |
|
the board determines are necessary. |
|
(b) The board may appoint a treasurer. (Acts 58th Leg., |
|
R.S., Ch. 101, Sec. 10 (part).) |
|
Sec. 9029.054. DIRECTOR'S AND TREASURER'S BONDS. (a) Each |
|
director shall give bond in the amount of $5,000 for the faithful |
|
performance of the director's duties. |
|
(b) The treasurer shall give bond in the amount required by |
|
the board, conditioned on the treasurer's faithful accounting for |
|
all money that comes into the treasurer's custody as authority |
|
treasurer. (Acts 58th Leg., R.S., Ch. 101, Sec. 10 (part).) |
|
[Sections 9029.055-9029.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 9029.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS. The authority has the rights, powers, privileges, and |
|
functions provided by general law applicable to a water control and |
|
improvement district created under Section 59, Article XVI, Texas |
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 58th |
|
Leg., R.S., Ch. 101, Sec. 5 (part); New.) |
|
Sec. 9029.102. ADDITIONAL POWERS. (a) The authority may: |
|
(1) purchase, construct, or otherwise acquire and |
|
accomplish by any practical means a waterworks system, sanitary |
|
sewer system, storm sewer system, or drainage facility or any part |
|
of those systems or facilities; |
|
(2) make any necessary purchase, construction, |
|
improvement, extension, addition, or repair to a system or facility |
|
described by Subdivision (1); |
|
(3) purchase or acquire, operate, and maintain any |
|
land, right-of-way, easement, site, equipment, building, plant, |
|
structure, or facility necessary to a system or facility described |
|
by Subdivision (1); and |
|
(4) sell water and other services at rates fixed by the |
|
authority. |
|
(b) The authority may exercise any of the rights or powers |
|
granted by this chapter inside or outside the authority's |
|
boundaries. (Acts 58th Leg., R.S., Ch. 101, Sec. 7 (part).) |
|
Sec. 9029.103. CONTRACT FOR DEVELOPMENT OF LAND AND |
|
PROPERTY. The authority may enter into a contract with a political |
|
subdivision or with an owner, developer, or lessee of land and |
|
property as necessary or appropriate to a continuing and orderly |
|
plan of development of the land and property through the purchase, |
|
construction, or installation of facilities, works, or |
|
improvements that the authority is otherwise authorized to do or |
|
perform so that, to the greatest extent reasonably possible, |
|
considering sound engineering and economic practices, all of the |
|
land may, under the contract, ultimately receive the services of |
|
the facilities, works, or improvements. (Acts 58th Leg., R.S., Ch. |
|
101, Sec. 9 (part).) |
|
Sec. 9029.104. ELECTION NOT REQUIRED FOR CERTAIN CONTRACTS. |
|
A municipality may enter into a water, sewer, or drainage contract, |
|
or any combination of those contracts, with the authority without |
|
the necessity of an election by any contracting party to approve the |
|
contract. (Acts 58th Leg., R.S., Ch. 101, Sec. 9 (part).) |
|
Sec. 9029.105. COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of |
|
relocating, raising, lowering, rerouting, changing the grade of, or |
|
altering the construction of a facility described by Subsection (b) |
|
in providing comparable replacement without enhancement of the |
|
facility, after deducting from that cost the net salvage value of |
|
the old facility. |
|
(b) If the authority's exercise of the power of eminent |
|
domain, the power of relocation, or any other power makes necessary |
|
the relocation, raising, rerouting, changing the grade, or |
|
alteration of the construction of a highway, a railroad, an |
|
electric transmission line, a telephone or telegraph property or |
|
facility, or a pipeline, the necessary action shall be accomplished |
|
at the sole expense of the authority. (Acts 58th Leg., R.S., Ch. |
|
101, Sec. 11.) |
|
Sec. 9029.106. BID ON PROPOSED CONSTRUCTION WORK. (a) A |
|
person who submits a written sealed bid on proposed construction |
|
work for the authority must submit with the bid an amount equal to |
|
at least five percent of the total amount of the bid in the form of |
|
a: |
|
(1) certified or cashier's check on a responsible bank |
|
in this state; or |
|
(2) bidder's bond. |
|
(b) If a successful bidder fails or refuses to enter into a |
|
proper contract with the authority or provide a bond required by |
|
law, the bidder forfeits the amount of the check or bond that |
|
accompanied the bidder's bid. (Acts 58th Leg., R.S., Ch. 101, Sec. |
|
19.) |
|
[Sections 9029.107-9029.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9029.151. TAX METHOD. (a) The authority shall use |
|
the ad valorem plan of taxation. |
|
(b) The board is not required to call a hearing on the |
|
adoption of a plan of taxation. (Acts 58th Leg., R.S., Ch. 101, |
|
Sec. 6 (part).) |
|
Sec. 9029.152. AUTHORITY ACCOUNTS. The authority shall |
|
keep a complete system of the authority's accounts. (Acts 58th |
|
Leg., R.S., Ch. 101, Sec. 14 (part).) |
|
Sec. 9029.153. FISCAL YEAR. The fiscal year of the |
|
authority is from October 1 to September 30 of the following year, |
|
unless changed by the board. (Acts 58th Leg., R.S., Ch. 101, Sec. |
|
14 (part).) |
|
Sec. 9029.154. COPY OF AUDIT REPORT. A copy of the audit |
|
report prepared under Subchapter G, Chapter 49, Water Code, shall |
|
be delivered: |
|
(1) to each director; and |
|
(2) to a holder of at least 25 percent of the |
|
outstanding bonds of the authority, on request. (Acts 58th Leg., |
|
R.S., Ch. 101, Sec. 14 (part); New.) |
|
Sec. 9029.155. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
The authority is not required to pay a tax or assessment on |
|
authority property or any part of authority property. (Acts 58th |
|
Leg., R.S., Ch. 101, Sec. 15 (part).) |
|
Sec. 9029.156. POWER TO BORROW MONEY AND ACCEPT GRANTS OR |
|
OTHER SUPPORT. (a) The authority may borrow money for the |
|
authority's corporate purposes, including taking a loan or |
|
accepting a grant, gratuity, or other support from the United |
|
States, this state, or a corporation or agency created or |
|
designated by the United States or this state. |
|
(b) In connection with the loan, grant, or other support, |
|
the authority may enter into any arrangement the board considers |
|
advisable. (Acts 58th Leg., R.S., Ch. 101, Sec. 12 (part).) |
|
Sec. 9029.157. DEPOSITORY. (a) The board shall designate |
|
one or more banks inside or outside the authority to serve as a |
|
depository for authority money. |
|
(b) All authority money shall be deposited in a depository |
|
bank, except that sufficient money shall be remitted to the |
|
appropriate bank of payment to pay the principal of and interest on |
|
the authority's outstanding bonds on or before the maturity date of |
|
the principal and interest. |
|
(c) To the extent that money in a depository bank is not |
|
insured by the Federal Deposit Insurance Corporation, the money |
|
must be secured in the manner provided by law for the security of |
|
county funds. (Acts 58th Leg., R.S., Ch. 101, Sec. 13.) |
|
[Sections 9029.158-9029.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 9029.201. AUTHORITY TO ISSUE BONDS. The authority may |
|
issue bonds for an authority purpose. (Acts 58th Leg., R.S., Ch. |
|
101, Sec. 7 (part).) |
|
Sec. 9029.202. ISSUANCE OF REVENUE BONDS. The board may |
|
issue, by resolution and without a hearing or an election, bonds |
|
payable solely from net revenue of the authority's operation or |
|
from the proceeds of any contract for the authority's services. |
|
(Acts 58th Leg., R.S., Ch. 101, Sec. 12 (part).) |
|
Sec. 9029.203. BONDS EXEMPT FROM TAXATION. An authority |
|
bond, the transfer of the bond, and income from the bond, including |
|
profits made on the sale of the bond, are exempt from taxation in |
|
this state. (Acts 58th Leg., R.S., Ch. 101, Sec. 15 (part).) |
|
CHAPTER 9032. COKE COUNTY KICKAPOO WATER CONTROL AND |
|
IMPROVEMENT DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9032.001. DEFINITIONS |
|
Sec. 9032.002. NATURE OF DISTRICT |
|
Sec. 9032.003. FINDINGS OF BENEFIT |
|
Sec. 9032.004. APPLICABILITY OF OTHER WATER CONTROL |
|
AND IMPROVEMENT DISTRICT LAW |
|
[Sections 9032.005-9032.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY |
|
Sec. 9032.051. DISTRICT TERRITORY |
|
Sec. 9032.052. HEARING FOR EXCLUSION OF TERRITORY |
|
[Sections 9032.053-9032.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 9032.101. COMPOSITION OF BOARD |
|
Sec. 9032.102. QUALIFICATIONS FOR OFFICE |
|
Sec. 9032.103. ELECTION OF DIRECTORS |
|
Sec. 9032.104. ELECTION RESULTS |
|
Sec. 9032.105. BALLOT PROCEDURE FOR CANDIDATES |
|
Sec. 9032.106. DIRECTOR'S BOND |
|
Sec. 9032.107. VOTE BY BOARD PRESIDENT |
|
Sec. 9032.108. ABSENCE OR INACTION OF BOARD PRESIDENT |
|
Sec. 9032.109. APPOINTMENT OR EMPLOYMENT OF SECRETARY |
|
AND TREASURER |
|
Sec. 9032.110. SECRETARY'S BOND |
|
Sec. 9032.111. EMPLOYEES |
|
Sec. 9032.112. SEAL |
|
[Sections 9032.113-9032.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 9032.151. GENERAL POWERS |
|
Sec. 9032.152. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS |
|
Sec. 9032.153. CONTROL OF WATER AND FLOODWATER; |
|
RECLAMATION |
|
Sec. 9032.154. POWERS RELATING TO THE WATER OF |
|
KICKAPOO CREEKS; SURVEYS, MAPS, AND |
|
PLANS |
|
Sec. 9032.155. GENERAL PROPERTY POWER |
|
Sec. 9032.156. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 9032.157. SURVEYS; ENGINEERING INVESTIGATIONS |
|
Sec. 9032.158. EQUIPMENT; SUPPLIES |
|
Sec. 9032.159. COOPERATION IN WILDLIFE PROGRAMS |
|
[Sections 9032.160-9032.200 reserved for expansion] |
|
SUBCHAPTER E. TAXES |
|
Sec. 9032.201. HEARING ON CHANGE IN METHOD OF |
|
TAXATION; LIMITATION |
|
Sec. 9032.202. MAINTENANCE TAX ELECTION PROCEDURES |
|
Sec. 9032.203. MAINTENANCE TAX RATE |
|
[Sections 9032.204-9032.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 9032.251. ISSUANCE OF BONDS |
|
Sec. 9032.252. PLEDGE OF REVENUE TO PAY BONDS |
|
CHAPTER 9032. COKE COUNTY KICKAPOO WATER CONTROL AND |
|
IMPROVEMENT DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9032.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Coke County Kickapoo Water |
|
Control and Improvement District No. 1. (Acts 56th Leg., 1st C.S., |
|
Ch. 17, Sec. 1 (part); New.) |
|
Sec. 9032.002. NATURE OF DISTRICT. The district is a |
|
conservation, reclamation, and improvement district in Coke |
|
County. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 1 (part).) |
|
Sec. 9032.003. FINDINGS OF BENEFIT. All territory included |
|
in the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. (Acts 56th Leg., 1st C.S., Ch. |
|
17, Sec. 2 (part).) |
|
Sec. 9032.004. APPLICABILITY OF OTHER WATER CONTROL AND |
|
IMPROVEMENT DISTRICT LAW. Except as provided in this chapter, |
|
general laws pertaining to water control and improvement districts |
|
govern the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 15 |
|
(part).) |
|
[Sections 9032.005-9032.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY |
|
Sec. 9032.051. DISTRICT TERRITORY. The district is |
|
composed of the territory described by Section 2, Chapter 17, Acts |
|
of the 56th Legislature, 1st Called Session, 1959, as that |
|
territory may have been modified under: |
|
(1) Subchapter O, Chapter 51, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; or |
|
(3) other law. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. |
|
1 (part); New.) |
|
Sec. 9032.052. HEARING FOR EXCLUSION OF TERRITORY. A |
|
hearing is not required for the exclusion of territory from the |
|
district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 6 (part).) |
|
[Sections 9032.053-9032.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 9032.101. COMPOSITION OF BOARD. The board is composed |
|
of five elected directors. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. |
|
16 (part).) |
|
Sec. 9032.102. QUALIFICATIONS FOR OFFICE. A director must |
|
be: |
|
(1) at least 18 years of age; |
|
(2) a resident of the state and district; and |
|
(3) an owner of taxable property in the district. |
|
(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 16 (part).) |
|
Sec. 9032.103. ELECTION OF DIRECTORS. (a) An election |
|
order for a directors' election must state the time, place, and |
|
purpose of the election. |
|
(b) Notice of a directors' election must be published in a |
|
newspaper of general circulation in the district for two |
|
consecutive weeks in not less than two publications at least 20 days |
|
before the date of the election. (Acts 56th Leg., 1st C.S., Ch. 17, |
|
Sec. 16 (part).) |
|
Sec. 9032.104. ELECTION RESULTS. (a) The candidates |
|
receiving the highest number of votes shall be elected. |
|
(b) The board shall declare the results of the election. |
|
(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 16 (part).) |
|
Sec. 9032.105. BALLOT PROCEDURE FOR CANDIDATES. (a) A |
|
person who wants the person's name printed on the ballot as a |
|
candidate for director must submit a petition to the board |
|
secretary requesting that action. |
|
(b) The petition must be: |
|
(1) signed by at least 15 qualified voters; and |
|
(2) presented to the board secretary not later than |
|
the 21st day before the date of the election. (Acts 56th Leg., 1st |
|
C.S., Ch. 17, Sec. 16 (part).) |
|
Sec. 9032.106. DIRECTOR'S BOND. Each director shall make |
|
bond in the amount of $5,000 payable to the county judge of Coke |
|
County for the faithful performance of the director's duties. |
|
(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 16 (part).) |
|
Sec. 9032.107. VOTE BY BOARD PRESIDENT. The president has |
|
the same right to vote as any other director. (Acts 56th Leg., 1st |
|
C.S., Ch. 17, Sec. 17 (part).) |
|
Sec. 9032.108. ABSENCE OR INACTION OF BOARD PRESIDENT. |
|
When the board president is absent or fails or declines to act, the |
|
board vice president shall perform all duties and exercise all |
|
power this chapter gives the president. (Acts 56th Leg., 1st C.S., |
|
Ch. 17, Sec. 17 (part).) |
|
Sec. 9032.109. APPOINTMENT OR EMPLOYMENT OF SECRETARY AND |
|
TREASURER. (a) The board may appoint or employ a secretary. The |
|
secretary shall also serve as treasurer. |
|
(b) The secretary is not required to be a director. (Acts |
|
56th Leg., 1st C.S., Ch. 17, Sec. 17 (part).) |
|
Sec. 9032.110. SECRETARY'S BOND. (a) The secretary shall |
|
make bond in an amount required by the board, conditioned on the |
|
secretary's faithfully accounting for all money that comes into the |
|
secretary's custody as district treasurer. |
|
(b) The bond must be payable to the order of the county judge |
|
of Coke County. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 17 (part).) |
|
Sec. 9032.111. EMPLOYEES. The board may employ a general |
|
manager, attorney, engineer, or other technical or nontechnical |
|
employees or assistants and set the amount and manner of their |
|
compensation. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 18 (part).) |
|
Sec. 9032.112. SEAL. The board may adopt a seal for the |
|
district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 19.) |
|
[Sections 9032.113-9032.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 9032.151. GENERAL POWERS. (a) The district may |
|
exercise the rights, privileges, functions, and authority granted |
|
water control and improvement districts by: |
|
(1) Chapters 49 and 51, Water Code; and |
|
(2) all other laws relating to water control and |
|
improvement districts. |
|
(b) To the extent a general law described by Subsection (a) |
|
conflicts or is inconsistent with this chapter, this chapter |
|
prevails. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 1 (part).) |
|
Sec. 9032.152. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS. To accomplish a purpose for which the district is created, |
|
the district has the powers conferred by the general laws of this |
|
state on water control and improvement districts, including the |
|
power to: |
|
(1) construct, acquire, improve, maintain, and repair |
|
a dam or other structure; and |
|
(2) acquire land easements, rights, property, or |
|
equipment needed to use, control, or distribute water that may be |
|
impounded, diverted, or controlled by the district. (Acts 56th |
|
Leg., 1st C.S., Ch. 17, Sec. 5.) |
|
Sec. 9032.153. CONTROL OF WATER AND FLOODWATER; |
|
RECLAMATION. The district has the power to: |
|
(1) control, store, preserve, and distribute the water |
|
and floodwater in the district for the irrigation of arid land, |
|
conservation, preservation, reclamation, and drainage of the lands |
|
in the district; |
|
(2) carry out flood prevention measures to prevent |
|
damage to land and other property in the district; and |
|
(3) reclaim lands heretofore damaged because of the |
|
failure to provide the facilities authorized under this chapter. |
|
(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 4.) |
|
Sec. 9032.154. POWERS RELATING TO THE WATER OF KICKAPOO |
|
CREEKS; SURVEYS, MAPS, AND PLANS. (a) The district may conduct |
|
preliminary surveys and develop and map out a plan for the control |
|
and use of the water of Kickapoo Creeks to the end that improvements |
|
on any part of the watershed will be mechanically and economically |
|
related to the improvements of the entire watershed. |
|
(b) On the completion of the survey, map, or plan and the |
|
adoption of the survey, map, or plan by the board, a certified copy |
|
of the survey, map, or plan must be filed for informational purposes |
|
with the Texas Commission on Environmental Quality. (Acts 56th |
|
Leg., 1st C.S., Ch. 17, Sec. 3.) |
|
Sec. 9032.155. GENERAL PROPERTY POWER. In addition to |
|
powers granted the district under other law, the district has the |
|
power to purchase, construct, maintain, condemn, or in any other |
|
manner acquire, provide, and develop all works, facilities, |
|
improvements, lands, easements, rights, and other properties in the |
|
district that may be necessary or useful in fulfilling the purposes |
|
of the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 7.) |
|
Sec. 9032.156. COST OF RELOCATING OR ALTERING PROPERTY. If |
|
the district's exercise of the power of eminent domain, the power of |
|
relocation, or any other power granted under this chapter makes |
|
necessary the relocating, raising, rerouting, changing grades of, |
|
or altering the construction of any highway, railroad, electric |
|
transmission line, pipeline, telephone, or telegraph property or |
|
facility, the necessary action shall be accomplished at the sole |
|
expense of the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 15 |
|
(part).) |
|
Sec. 9032.157. SURVEYS; ENGINEERING INVESTIGATIONS. The |
|
board may conduct or provide for surveys and engineering |
|
investigations for the district and its associates or affiliates to |
|
accomplish district purposes. (Acts 56th Leg., 1st C.S., Ch. 17, |
|
Sec. 18 (part).) |
|
Sec. 9032.158. EQUIPMENT; SUPPLIES. The board may provide |
|
equipment and supplies considered essential to properly maintain |
|
the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 18 (part).) |
|
Sec. 9032.159. COOPERATION IN WILDLIFE PROGRAMS. The |
|
district may cooperate with state, federal, and other agencies and |
|
groups in wildlife programs that are: |
|
(1) not inconsistent with the purposes of this |
|
chapter; and |
|
(2) designed to improve the general habitat of |
|
wildlife and promote the general propagation of wildlife. (Acts |
|
56th Leg., 1st C.S., Ch. 17, Sec. 14.) |
|
[Sections 9032.160-9032.200 reserved for expansion] |
|
SUBCHAPTER E. TAXES |
|
Sec. 9032.201. HEARING ON CHANGE IN METHOD OF TAXATION; |
|
LIMITATION. (a) Except as provided by Subsection (b), the |
|
district may call a hearing to consider changing the method of |
|
taxation. |
|
(b) Once district bonds are approved by the attorney general |
|
or district court, the district may not change the plan of taxation. |
|
(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 11 (part).) |
|
Sec. 9032.202. MAINTENANCE TAX ELECTION PROCEDURES. (a) A |
|
maintenance tax election shall be called and notice given in the |
|
same manner as for a bond election. |
|
(b) This chapter does not prevent the calling of a later |
|
maintenance tax election to establish or increase the amount of tax |
|
if the board determines that a maintenance tax election is |
|
required. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 9 (part).) |
|
Sec. 9032.203. MAINTENANCE TAX RATE. In calling a |
|
maintenance tax election, the board must specify the maximum |
|
proposed tax rate. To impose a maintenance tax at a rate that |
|
exceeds the maximum proposed rate approved by the voters, the board |
|
must submit the question of a tax rate increase to the voters. |
|
(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 9 (part).) |
|
[Sections 9032.204-9032.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 9032.251. ISSUANCE OF BONDS. To accomplish a district |
|
purpose, the district may issue bonds as provided by general law for |
|
water control and improvement districts to obtain money necessary |
|
to furnish land, easements, or improvements, to maintain a |
|
structure, or for channeling, or other works of improvement |
|
performed or constructed by the district or others in cooperation |
|
with the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 8 |
|
(part).) |
|
Sec. 9032.252. PLEDGE OF REVENUE TO PAY BONDS. When the |
|
board selects a plan of taxation, the board may pledge district |
|
revenue to pay bonds authorized by voters. (Acts 56th Leg., 1st |
|
C.S., Ch. 17, Sec. 10.) |
|
CHAPTER 9033. COMMODORE COVE IMPROVEMENT DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9033.001. DEFINITIONS |
|
Sec. 9033.002. NATURE OF DISTRICT |
|
Sec. 9033.003. FINDINGS OF PUBLIC BENEFIT AND PUBLIC |
|
PURPOSE |
|
Sec. 9033.004. DISTRICT TERRITORY |
|
Sec. 9033.005. EXPANSION OF DISTRICT |
|
Sec. 9033.006. HEARINGS FOR EXCLUSION OF LAND |
|
[Sections 9033.007-9033.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 9033.051. BOARD OF DIRECTORS |
|
Sec. 9033.052. NOTICE OF DIRECTORS' ELECTION |
|
Sec. 9033.053. DIRECTOR'S BOND |
|
Sec. 9033.054. DUTY OF SECRETARY; ABSENCE OF SECRETARY |
|
FROM BOARD MEETING |
|
Sec. 9033.055. VOTE BY BOARD PRESIDENT |
|
Sec. 9033.056. ABSENCE OR INACTION OF BOARD PRESIDENT |
|
[Sections 9033.057-9033.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 9033.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS |
|
Sec. 9033.102. ADDITIONAL POWERS |
|
Sec. 9033.103. LIMIT ON EMINENT DOMAIN POWER |
|
Sec. 9033.104. COST OF RELOCATING OR ALTERING PROPERTY |
|
Sec. 9033.105. NOTICE OF ELECTION |
|
[Sections 9033.106-9033.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9033.151. TAX METHOD |
|
Sec. 9033.152. DEPOSITORY |
|
Sec. 9033.153. PAYMENT OF TAX OR ASSESSMENT NOT |
|
REQUIRED |
|
[Sections 9033.154-9033.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 9033.201. AUTHORITY TO ISSUE BONDS |
|
Sec. 9033.202. EXCHANGING BONDS FOR PROPERTY OR WORK |
|
Sec. 9033.203. FAILED BOND ELECTION |
|
Sec. 9033.204. BONDS EXEMPT FROM TAXATION |
|
CHAPTER 9033. COMMODORE COVE IMPROVEMENT DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 9033.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Commodore Cove Improvement |
|
District. (Acts 59th Leg., R.S., Ch. 598, Sec. 1 (part); New.) |
|
Sec. 9033.002. NATURE OF DISTRICT. The district is a |
|
conservation and reclamation district in Brazoria County created |
|
under Section 59, Article XVI, Texas Constitution. (Acts 59th |
|
Leg., R.S., Ch. 598, Sec. 1 (part).) |
|
Sec. 9033.003. FINDINGS OF PUBLIC BENEFIT AND PUBLIC |
|
PURPOSE. (a) The district is created to serve a public use and |
|
benefit. |
|
(b) All land and other property included in the boundaries |
|
of the district will benefit from the works and projects |
|
accomplished by the district under the powers conferred by Section |
|
59, Article XVI, Texas Constitution. |
|
(c) The creation of the district is essential to accomplish |
|
the purposes of Section 59, Article XVI, Texas Constitution. |
|
(d) The accomplishment of the purposes stated in this |
|
chapter is for the benefit of the people of this state and for the |
|
improvement of their property and industries. The district in |
|
carrying out the purposes of this chapter will be performing an |
|
essential public function under the Texas Constitution. (Acts 59th |
|
Leg., R.S., Ch. 598, Secs. 1 (part), 4, 22 (part).) |
|
Sec. 9033.004. DISTRICT TERRITORY. (a) The district is |
|
composed of the territory described by Section 2, Chapter 598, Acts |
|
of the 59th Legislature, Regular Session, 1965, as that territory |
|
may have been modified under: |
|
(1) Subchapter O, Chapter 51, Water Code; |
|
(2) Subchapter J, Chapter 49, Water Code; |
|
(3) Section 9033.005 of this chapter or its |
|
predecessor statute, former Section 16, Chapter 598, Acts of the |
|
59th Legislature, Regular Session, 1965; or |
|
(4) other law. |
|
(b) The boundaries and field notes of the district form a |
|
closure. A mistake in the field notes or in copying the field notes |
|
in the legislative process does not affect: |
|
(1) the district's organization, existence, or |
|
validity; |
|
(2) the district's right to issue any type of bond or |
|
to pay the principal of and interest on the bond; |
|
(3) the district's right to impose a tax; or |
|
(4) the legality or operation of the district or the |
|
board. (Acts 59th Leg., R.S., Ch. 598, Sec. 3; New.) |
|
Sec. 9033.005. EXPANSION OF DISTRICT. (a) Except as |
|
otherwise provided by this section, the district may annex |
|
territory as provided by Section 49.302, Water Code. |
|
(b) Territory may not be annexed to the district without the |
|
written consent of: |
|
(1) all lienholders of record in Brazoria County; and |
|
(2) at least a three-fourths majority of all |
|
landowners in the territory to be annexed whose land must also |
|
constitute at least three-fourths of the value of all land in the |
|
territory to be annexed, as shown by the tax rolls of the county in |
|
which the territory to be annexed is located. |
|
(c) A finding by the district that the requirements of |
|
Subsection (b) have been met is: |
|
(1) conclusive for all purposes; and |
|
(2) not subject to judicial review. (Acts 59th Leg., |
|
R.S., Ch. 598, Sec. 16.) |
|
Sec. 9033.006. HEARINGS FOR EXCLUSION OF LAND. (a) The |
|
board is not required to call or hold a hearing on the exclusion of |
|
land or other property from the district. |
|
(b) This section may not be construed to prevent the board |
|
on its own motion from calling and holding an exclusion hearing |
|
under general law. (Acts 59th Leg., R.S., Ch. 598, Sec. 7 (part).) |
|
[Sections 9033.007-9033.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT ADMINISTRATION |
|
Sec. 9033.051. BOARD OF DIRECTORS. (a) The board consists |
|
of five elected directors. |
|
(b) To be appointed as a director, a person must: |
|
(1) be at least 18 years of age; and |
|
(2) reside in this state. |
|
(c) Such director is not required to reside in the district. |
|
(d) Such director is not required to own land in the |
|
district, but before the district awards any construction |
|
contracts, each director must own land in the district subject to |
|
district taxation. (Acts 59th Leg., R.S., Ch. 598, Sec. 9 (part).) |
|
Sec. 9033.052. NOTICE OF DIRECTORS' ELECTION. At least 30 |
|
days before the date of a directors' election, notice of the |
|
election must be published at least once in a newspaper of general |
|
circulation in Brazoria County. (Acts 59th Leg., R.S., Ch. 598, |
|
Sec. 9 (part).) |
|
Sec. 9033.053. DIRECTOR'S BOND. Each director shall give a |
|
bond in the amount of $5,000 for the faithful performance of the |
|
director's duties. (Acts 59th Leg., R.S., Ch. 598, Sec. 9 (part).) |
|
Sec. 9033.054. DUTY OF SECRETARY; ABSENCE OF SECRETARY FROM |
|
BOARD MEETING. (a) The board secretary shall sign the minutes of |
|
each board meeting. |
|
(b) If the board secretary is absent from a board meeting, |
|
the board shall name a secretary pro tem for the meeting who may: |
|
(1) exercise all powers and duties of the secretary |
|
for the meeting; |
|
(2) sign the minutes of the meeting; and |
|
(3) attest all orders passed or other action taken at |
|
the meeting. (Acts 59th Leg., R.S., Ch. 598, Sec. 9 (part).) |
|
Sec. 9033.055. VOTE BY BOARD PRESIDENT. The board |
|
president has the same right to vote as any other director. (Acts |
|
59th Leg., R.S., Ch. 598, Sec. 9 (part).) |
|
Sec. 9033.056. ABSENCE OR INACTION OF BOARD PRESIDENT. |
|
When the board president is absent or fails or declines to act, the |
|
board vice president shall perform all duties and exercise all |
|
power this chapter or general law gives the president. (Acts 59th |
|
Leg., R.S., Ch. 598, Sec. 9 (part).) |
|
[Sections 9033.057-9033.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 9033.101. WATER CONTROL AND IMPROVEMENT DISTRICT |
|
POWERS. The district has the rights, powers, privileges, and |
|
duties provided by general law applicable to a water control and |
|
improvement district created under Section 59, Article XVI, Texas |
|
Constitution, including Chapters 49 and 51, Water Code. (Acts 59th |
|
Leg., R.S., Ch. 598, Sec. 5 (part); New.) |
|
Sec. 9033.102. ADDITIONAL POWERS. (a) The district may: |
|
(1) purchase, construct, or otherwise acquire a |
|
waterworks system, sanitary sewer system, storm sewer system, or |
|
drainage facility or any part of those systems or facilities; |
|
(2) make any purchase, construction, improvement, |
|
extension, addition, or repair necessary to a system or facility |
|
described by Subdivision (1); |
|
(3) purchase or otherwise acquire, operate, and |
|
maintain any land, right-of-way, easement, site, equipment, |
|
building, plant, structure, or facility necessary for a system or |
|
facility described by Subdivision (1); and |
|
(4) sell water and other services. |
|
(b) The district may exercise any of the rights or powers |
|
granted by this chapter inside or outside the district's |
|
boundaries, but only in Brazoria County. (Acts 59th Leg., R.S., Ch. |
|
598, Sec. 17 (part).) |
|
Sec. 9033.103. LIMIT ON EMINENT DOMAIN POWER. The district |
|
may exercise the power of eminent domain only in the district. |
|
(Acts 59th Leg., R.S., Ch. 598, Sec. 12 (part).) |
|
Sec. 9033.104. COST OF RELOCATING OR ALTERING PROPERTY. |
|
(a) In this section, "sole expense" means the actual cost of |
|
lowering, rerouting, changing the grade of, or altering the |
|
construction of a facility described by Subsection (b) in providing |
|
comparable replacement without enhancement of the facility, after |
|
deducting from that cost the net salvage value of the old facility. |
|
(b) If the district's exercise of the power of eminent |
|
domain, the power of relocation, or any other power granted by this |
|
chapter makes necessary the relocating, raising, rerouting, |
|
changing the grade, or altering of the construction of a highway, |
|
railroad, electric transmission line, telegraph or telephone |
|
property or facility, or pipeline, the necessary action shall be |
|
accomplished at the sole expense of the district. (Acts 59th Leg., |
|
R.S., Ch. 598, Sec. 12 (part).) |
|
Sec. 9033.105. NOTICE OF ELECTION. Notice of an election |
|
may be given under the hand of the board president or secretary. |
|
(Acts 59th Leg., R.S., Ch. 598, Sec. 20.) |
|
[Sections 9033.106-9033.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 9033.151. TAX METHOD. (a) The district shall use the |
|
ad valorem plan of taxation. |
|
(b) The board is not required to call or hold a hearing on |
|
the adoption of a plan of taxation. (Acts 59th Leg., R.S., Ch. 598, |
|
Sec. 8.) |
|
Sec. 9033.152. DEPOSITORY. (a) The board shall select one |
|
or more banks or trust companies in this state to act as a |
|
depository of bond proceeds or of revenue derived from the |
|
operation of district facilities. |
|
(b) The depository shall, as determined by the board: |
|
(1) furnish indemnity bonds; |
|
(2) pledge securities; or |
|
(3) meet any other requirements. (Acts 59th Leg., |
|
R.S., Ch. 598, Sec. 15.) |
|
Sec. 9033.153. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. |
|
The district is not required to pay a tax or assessment on: |
|
(1) a district project or any part of the project; or |
|
(2) a district purchase. (Acts 59th Leg., R.S., Ch. |
|
598, Sec. 22 (part).) |
|
[Sections 9033.154-9033.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS |
|
Sec. 9033.201. AUTHORITY TO ISSUE BONDS. The district may |
|
issue bonds of any kind to carry out any purpose authorized by this |
|
chapter. (Acts 59th Leg., R.S., Ch. 598, Sec. 17 (part).) |
|
Sec. 9033.202. EXCHANGING BONDS FOR PROPERTY OR WORK. The |
|
district may exchange bonds, including refunding bonds: |
|
(1) for property acquired by purchase; or |
|
(2) in payment of the contract price of work done or |
|
materials or services furnished for the use and benefit of the |
|
district. (Acts 59th Leg., R.S., Ch. 598, Sec. 18 (part).) |
|
Sec. 9033.203. FAILED BOND ELECTION. (a) A general law, |
|
including Sections 51.781-51.791, Water Code, that provides for |
|
calling a hearing on the dissolution of a district after a failed |
|
district bond election does not apply to the district. |
|
(b) Six months after the date of a failed bond election, the |
|
board may call a subsequent bond election. |
|
(c) The district continues to exist and retain its full |
|
power to function and operate regardless of the outcome of a bond |
|
election. (Acts 59th Leg., R.S., Ch. 598, Sec. 19.) |
|
Sec. 9033.204. BONDS EXEMPT FROM TAXATION. A bond issued |
|
under this chapter, the transfer of the bond, and income from the |
|
bond, including profits made on the sale of the bond, are exempt |
|
from taxation in this state. (Acts 59th Leg., R.S., Ch. 598, Sec. |
|
22 (part).) |
|
SECTION 1.07. Subtitle X, Title 6, Special District Local |
|
Laws Code, is amended by adding Chapter 11003 to read as follows: |
|
CHAPTER 11003. MATADOR WATER DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 11003.001. DEFINITIONS |
|
Sec. 11003.002. NATURE OF DISTRICT |
|
Sec. 11003.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
[Sections 11003.004-11003.050 reserved for expansion] |
|
SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION |
|
Sec. 11003.051. DISTRICT TERRITORY |
|
Sec. 11003.052. ANNEXATION OF CITY TERRITORY |
|
Sec. 11003.053. ANNEXATION OF OTHER TERRITORY |
|
[Sections 11003.054-11003.100 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 11003.101. COMPOSITION OF BOARD; TERMS |
|
Sec. 11003.102. QUALIFICATIONS FOR OFFICE |
|
Sec. 11003.103. VACANCIES |
|
Sec. 11003.104. REMOVAL FROM OFFICE |
|
Sec. 11003.105. BOARD RESOLUTIONS; QUORUM; VOTING |
|
REQUIREMENTS |
|
Sec. 11003.106. OFFICERS AND ASSISTANTS |
|
Sec. 11003.107. DUTIES OF OFFICERS AND ASSISTANTS |
|
Sec. 11003.108. MEETINGS |
|
Sec. 11003.109. PERSONAL LIABILITY OF DIRECTORS |
|
[Sections 11003.110-11003.150 reserved for expansion] |
|
SUBCHAPTER D. POWERS AND DUTIES |
|
Sec. 11003.151. DISTRICT POWERS |
|
Sec. 11003.152. PERMITS |
|
Sec. 11003.153. GENERAL AUTHORITY OF PUBLIC AGENCIES |
|
AND POLITICAL SUBDIVISIONS TO |
|
CONTRACT WITH DISTRICT |
|
Sec. 11003.154. CONTRACTS TO SUPPLY WATER |
|
Sec. 11003.155. SOURCES FOR WATER; ACQUISITION OF |
|
LAND; STORAGE CAPACITY |
|
Sec. 11003.156. CONSTRUCTION CONTRACTS |
|
Sec. 11003.157. CONVEYANCE OF LAND TO DISTRICT |
|
Sec. 11003.158. SURPLUS PROPERTY |
|
Sec. 11003.159. EMINENT DOMAIN |
|
Sec. 11003.160. COST OF RELOCATING OR ALTERING |
|
PROPERTY; RIGHTS-OF-WAY AND |
|
EASEMENTS |
|
Sec. 11003.161. OTHER DISTRICT POWERS |
|
[Sections 11003.162-11003.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 11003.201. IMPOSITION OF MAINTENANCE TAX |
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Sec. 11003.202. DEPOSITORY |
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Sec. 11003.203. INVESTMENT OF DISTRICT MONEY |
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Sec. 11003.204. DISTRICT FACILITIES EXEMPT FROM |
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TAXATION AND ASSESSMENT |
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[Sections 11003.205-11003.250 reserved for expansion] |
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SUBCHAPTER F. BONDS |
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Sec. 11003.251. AUTHORITY TO ISSUE BONDS |
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Sec. 11003.252. FORM OF BONDS |
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Sec. 11003.253. MATURITY |
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Sec. 11003.254. ELECTION FOR BONDS PAYABLE FROM AD |
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VALOREM TAXES |
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Sec. 11003.255. BONDS SECURED BY REVENUE; ADDITIONAL |
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BONDS |
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Sec. 11003.256. BONDS PAYABLE FROM AD VALOREM TAXES |
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Sec. 11003.257. ADDITIONAL SECURITY |
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Sec. 11003.258. TRUST INDENTURE |
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Sec. 11003.259. CHARGES FOR DISTRICT SERVICES |
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Sec. 11003.260. USE OF BOND PROCEEDS |
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Sec. 11003.261. APPOINTMENT OF RECEIVER |
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Sec. 11003.262. REFUNDING BONDS |
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Sec. 11003.263. LIMITATION ON RIGHTS OF BONDHOLDERS |
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Sec. 11003.264. BONDS EXEMPT FROM TAXATION |
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Sec. 11003.265. DETACHMENT OF DISTRICT TERRITORY AFTER |
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ISSUANCE OF BONDS |
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CHAPTER 11003. MATADOR WATER DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 11003.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "City" means the city of Matador. |
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(3) "City council" means the city council of the city. |
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(4) "Director" means a member of the board appointed |
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by the city council. |
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(5) "District" means the Matador Water District. |
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(Acts 64th Leg., R.S., Ch. 36, Secs. 1 (part), 2 (part), 3(a) |
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(part); New.) |
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Sec. 11003.002. NATURE OF DISTRICT. The district is a |
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conservation and reclamation district created under Section 59, |
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Article XVI, Texas Constitution. (Acts 64th Leg., R.S., Ch. 36, |
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Sec. 1 (part).) |
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Sec. 11003.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All territory and taxable property in the city will benefit |
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from the works and improvements of the district. |
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(b) The accomplishment of the purposes stated in this |
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chapter is for the benefit of the people of this state and for the |
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improvement of their property and industries. The district, in |
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carrying out the purposes of this chapter, will be performing an |
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essential public function under the constitution. (Acts 64th Leg., |
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R.S., Ch. 36, Secs. 2 (part), 22 (part).) |
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[Sections 11003.004-11003.050 reserved for expansion] |
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SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION |
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Sec. 11003.051. DISTRICT TERRITORY. (a) The boundaries of |
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the district are coextensive with the boundaries of the city as |
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those boundaries existed on January 1, 1975, and as the district |
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territory may have been modified under: |
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(1) this subchapter or its predecessor statutes, |
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Sections 6 and 7, Chapter 36, Acts of the 64th Legislature, Regular |
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Session, 1975; |
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(2) Subchapter J, Chapter 49, Water Code; or |
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(3) other law. |
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(b) An invalidity in the fixing of the boundaries of the |
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city as they existed on January 1, 1975, does not affect the |
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boundaries of the district. (Acts 64th Leg., R.S., Ch. 36, Sec. 2 |
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(part); New.) |
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Sec. 11003.052. ANNEXATION OF CITY TERRITORY. |
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(a) Territory annexed to the city after January 1, 1975, may be |
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annexed to the district as provided by this section. |
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(b) At any time after final passage of an ordinance or |
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resolution annexing territory to the city, the board may give |
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notice of a hearing on the question of annexing that territory to |
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the district. The notice is sufficient if it: |
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(1) states the date and place of the hearing; and |
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(2) describes the area proposed to be annexed or |
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refers to the annexation ordinance or resolution of the city. |
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(c) At least 10 days before the date set for the hearing, the |
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notice must be published one time in a newspaper of general |
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circulation in the city. |
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(d) If, as a result of the hearing, the board finds that the |
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territory will benefit from the present or contemplated |
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improvements, works, or facilities of the district, the board shall |
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adopt a resolution annexing the territory to the district. |
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(e) After the territory is annexed to the district, the |
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board may hold an election in the entire district to determine |
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whether: |
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(1) the entire district will assume any tax-supported |
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bonds then outstanding and those bonds previously voted but not yet |
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sold; and |
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(2) an ad valorem tax for the payment of the bonds will |
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be imposed on all taxable property in the district. |
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(f) An election held under Subsection (e) must be held and |
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notice must be given in the same manner as an election held under |
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Section 11003.254 for the issuance of bonds. (Acts 64th Leg., R.S., |
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Ch. 36, Sec. 6.) |
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Sec. 11003.053. ANNEXATION OF OTHER TERRITORY. |
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(a) Territory other than territory subject to Section 11003.052 |
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may be annexed to the district as provided by this section. |
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(b) The board may annex territory or a municipality under |
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this section only if a petition requesting annexation is signed by |
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50 registered voters of the territory or municipality to be |
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annexed, or a majority of the registered voters of that territory or |
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municipality, whichever is fewer, and is filed with the board. The |
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petition must describe the territory to be annexed by metes and |
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bounds, or otherwise, except that if the territory is the same as |
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that contained in the boundaries of a municipality, the petition is |
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sufficient if it states that the territory to be annexed is the |
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territory contained in the municipal boundaries. |
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(c) If the board determines that the petition complies with |
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Subsection (b), that the annexation would be in the best interest of |
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the territory or municipality and the district, and that the |
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district will be able to supply water to the territory or |
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municipality, the board shall: |
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(1) adopt a resolution stating the conditions, if any, |
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under which the territory or municipality may be annexed to the |
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district; and |
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(2) set a time and place to hold a hearing on the |
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question of whether the territory or municipality to be annexed |
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will benefit from: |
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(A) the improvements, works, or facilities owned |
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or operated or contemplated to be owned or operated by the district; |
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or |
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(B) the other functions of the district. |
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(d) At least 10 days before the date of the hearing, notice |
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of the adoption of the resolution stating the time and place of the |
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hearing must be published one time in a newspaper of general |
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circulation in the territory or municipality proposed to be |
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annexed. The notice must describe the territory in the same manner |
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in which Subsection (b) requires the petition to describe the |
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territory. |
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(e) Any interested person may appear at the hearing and |
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offer evidence for or against the annexation. |
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(f) The hearing may proceed in the order and under the rules |
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prescribed by the board and may be recessed from time to time. |
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(g) If, at the conclusion of the hearing, the board finds |
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that the property in the territory or municipality will benefit |
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from the present or contemplated improvements, works, or facilities |
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of the district, the board shall adopt a resolution making a finding |
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of the benefit and calling an election in the territory or |
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municipality to be annexed. |
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(h) The resolution must state: |
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(1) the date of the election; |
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(2) each place where the election will be held; and |
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(3) the proposition to be voted on. |
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(i) At least 10 days before the date set for the election, |
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notice of the election must be given by publishing a substantial |
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copy of the resolution calling the election one time in a newspaper |
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of general circulation in the territory proposed to be annexed. |
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(j) In calling an election on the proposition for annexation |
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of the territory or municipality, the board may include, as part of |
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the same proposition or as a separate proposition, a proposition |
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for: |
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(1) the territory to assume its part of the |
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tax-supported bonds of the district then outstanding and those |
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bonds previously voted but not yet sold; and |
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(2) an ad valorem tax to be imposed on taxable property |
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in the territory along with the tax in the rest of the district for |
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the payment of the bonds. |
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(k) If a majority of the votes cast at the election are in |
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favor of annexation, the board by resolution shall annex the |
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territory to the district. |
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(l) An annexation under this section is incontestable |
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except in the manner and within the time for contesting elections |
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under the Election Code. (Acts 64th Leg., R.S., Ch. 36, Secs. 7(a), |
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(b), (c) (part), (d) (part), (e) (part).) |
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[Sections 11003.054-11003.100 reserved for expansion] |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec. 11003.101. COMPOSITION OF BOARD; TERMS. (a) The |
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district is governed by a board of five directors appointed by the |
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city council. The directors occupy numbered places on the board. |
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(b) Directors serve staggered two-year terms, with the |
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terms of the directors occupying Places 1, 2, and 3 expiring at noon |
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on March 1 of each even-numbered year and the terms of the directors |
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occupying Places 4 and 5 expiring at noon on March 1 of each |
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odd-numbered year. |
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(c) The mayor of the city serves, ex officio, as an honorary |
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member of the board. The mayor may attend all meetings and |
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participate in all proceedings of the board except that the mayor |
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may not vote. (Acts 64th Leg., R.S., Ch. 36, Sec. 3(a) (part).) |
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Sec. 11003.102. QUALIFICATIONS FOR OFFICE. (a) To be |
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eligible to be appointed or to serve as a director, a person must be |
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a resident, qualified voter of the district. |
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(b) A director is eligible for reappointment. (Acts 64th |
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Leg., R.S., Ch. 36, Secs. 3(a) (part), (b).) |
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Sec. 11003.103. VACANCIES. Any vacancy occurring on the |
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board shall be filled for the unexpired term by appointment by the |
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city council. (Acts 64th Leg., R.S., Ch. 36, Sec. 3(a) (part).) |
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Sec. 11003.104. REMOVAL FROM OFFICE. After reasonable |
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notice and a public hearing, the board may remove a director from |
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office for misfeasance, malfeasance, or wilful neglect of duty. |
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Reasonable notice and a public hearing are not required if the |
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notice and hearing are expressly waived in writing. (Acts 64th |
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Leg., R.S., Ch. 36, Sec. 3(c).) |
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Sec. 11003.105. BOARD RESOLUTIONS; QUORUM; VOTING |
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REQUIREMENTS. (a) The district shall act through resolutions |
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adopted by the board. |
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(b) Three directors constitute a quorum. |
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(c) Each director has a vote. |
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(d) The affirmative vote of at least three directors is |
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necessary to adopt any resolution. (Acts 64th Leg., R.S., Ch. 36, |
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Sec. 4(c).) |
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Sec. 11003.106. OFFICERS AND ASSISTANTS. (a) The board |
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shall elect a president, vice president, secretary, and treasurer |
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at the first meeting of the board in March of each year or at any |
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time necessary to fill a vacancy. |
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(b) The board shall elect the president and vice president |
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from among the directors. The president shall serve for a term of |
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one year. |
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(c) The offices of secretary and treasurer: |
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(1) may be held by one person; and |
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(2) are not required to be held by a director. |
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(d) The board may appoint as assistant board secretary one |
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or more persons who are not directors. (Acts 64th Leg., R.S., Ch. |
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36, Secs. 4(b) (part), (d) (part).) |
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Sec. 11003.107. DUTIES OF OFFICERS AND ASSISTANTS. |
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(a) The board president shall preside at board meetings and |
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perform other duties prescribed by the board. |
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(b) The board secretary is the official custodian of the |
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minutes, books, records, and seal of the board and shall perform |
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other duties and functions prescribed by the board. An assistant |
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board secretary may perform any duty or function of the board |
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secretary. |
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(c) The board treasurer shall perform duties and functions |
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prescribed by the board. (Acts 64th Leg., R.S., Ch. 36, Sec. 4(b) |
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(part).) |
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Sec. 11003.108. MEETINGS. The board shall have regular |
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meetings at times specified by board resolution and shall have |
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special meetings when called by the board president or by any three |
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directors. (Acts 64th Leg., R.S., Ch. 36, Sec. 4(e).) |
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Sec. 11003.109. PERSONAL LIABILITY OF DIRECTORS. A |
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director is not personally liable for any bond issued or contract |
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executed by the district. (Acts 64th Leg., R.S., Ch. 36, Sec. |
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4(f).) |
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[Sections 11003.110-11003.150 reserved for expansion] |
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SUBCHAPTER D. POWERS AND DUTIES |
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Sec. 11003.151. DISTRICT POWERS. The district may exercise |
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any power necessary or appropriate to achieve the purposes of this |
|
chapter, including the power to: |
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(1) sue and be sued, and plead and be impleaded, in its |
|
own name; |
|
(2) adopt an official seal; |
|
(3) adopt and enforce bylaws and rules for the conduct |
|
of its affairs; |
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(4) acquire, hold, use, and dispose of its receipts |
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and money from any source; |
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(5) select a depository or depositories; |
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(6) acquire, own, rent, lease, accept, hold, or |
|
dispose of property, or an interest in property, including a right |
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or easement, by purchase, exchange, gift, assignment, |
|
condemnation, sale, lease, or otherwise, in performing district |
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duties or exercising district powers under this chapter; |
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(7) hold, manage, operate, or improve property; |
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(8) lease or rent any land, building, structure, or |
|
facility from or to any person; |
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(9) sell, assign, lease, encumber, mortgage, or |
|
otherwise dispose of property, or an interest in property, and |
|
release or relinquish a right, title, claim, lien, interest, |
|
easement, or demand, regardless of the manner in which acquired, |
|
and conduct a transaction authorized by this subdivision by public |
|
or private sale, with or without public bidding, notwithstanding |
|
any other law; |
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(10) issue bonds, provide for and secure the payment |
|
of the bonds, and provide for the rights of the holders of the bonds |
|
in the manner and to the extent authorized by this chapter; |
|
(11) request and accept an appropriation, grant, |
|
allocation, subsidy, guaranty, aid, service, material, or gift from |
|
any source, including the federal government, the state, a public |
|
agency, or a political subdivision; |
|
(12) operate and maintain an office; |
|
(13) appoint and determine the duties, tenure, |
|
qualifications, and compensation of officers, employees, agents, |
|
professional advisors, and counselors considered necessary or |
|
advisable by the board, including financial consultants, |
|
accountants, attorneys, architects, engineers, appraisers, and |
|
financing experts; and |
|
(14) exercise any power granted by Chapter 30, Water |
|
Code, to districts created under Section 59, Article XVI, Texas |
|
Constitution. (Acts 64th Leg., R.S., Ch. 36, Sec. 5 (part).) |
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Sec. 11003.152. PERMITS. (a) The district may obtain |
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through appropriate proceedings an appropriation permit or a |
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diversion permit from the Texas Commission on Environmental |
|
Quality. |
|
(b) The district may acquire a water appropriation permit |
|
from a permit owner by contract or otherwise. (Acts 64th Leg., R.S., |
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Ch. 36, Sec. 8 (part).) |
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Sec. 11003.153. GENERAL AUTHORITY OF PUBLIC AGENCIES AND |
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POLITICAL SUBDIVISIONS TO CONTRACT WITH DISTRICT. A public agency |
|
or political subdivision of this state, including the city, may |
|
enter into a contract or agreement with the district, on terms |
|
agreed to by the parties, for any purpose relating to the district's |
|
powers or functions. Approval, notice, consent, or an election is |
|
not required in connection with the contract or agreement. (Acts |
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64th Leg., R.S., Ch. 36, Sec. 9(b) (part).) |
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Sec. 11003.154. CONTRACTS TO SUPPLY WATER. (a) The |
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district may contract with municipalities and others, including the |
|
city, to supply water to them. The district may sell water inside |
|
or outside the boundaries of the district. |
|
(b) The district may contract with a public agency or |
|
political subdivision for the rental or leasing of or for the |
|
operation of the water production, water supply, water filtration |
|
or purification, and water supply facilities of the entity on the |
|
consideration agreed to by the district and the entity. |
|
(c) A contract under Subsection (a) or (b) may: |
|
(1) be on terms and for the time agreed to by the |
|
parties; and |
|
(2) provide that it will continue in effect until |
|
bonds specified in it and refunding bonds issued in lieu of the |
|
bonds are paid. |
|
(d) The district may contract with the city for the |
|
operation of the district's water facilities by the city. An |
|
election is not required in connection with the contract. |
|
(e) A public agency or political subdivision of this state, |
|
including the city, may enter into a contract or agreement with the |
|
district for a water supply as provided by Section 11003.153. (Acts |
|
64th Leg., R.S., Ch. 36, Secs. 9(a) (part), (b) (part), 19 (part).) |
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Sec. 11003.155. SOURCES FOR WATER; ACQUISITION OF LAND; |
|
STORAGE CAPACITY. (a) The district may acquire or construct, |
|
inside or outside the district, a reservoir, a well, or any work, |
|
plant, transmission line, or other facility necessary or useful to |
|
drill for, divert, impound, store, pump, treat, or transport to the |
|
city and others water for municipal, domestic, industrial, mining, |
|
oil flooding, or any other useful purpose. |
|
(b) The district may develop or otherwise acquire |
|
underground sources of water. |
|
(c) The district may acquire land, or an interest in land, |
|
inside or outside the district, for any work, plant, or other |
|
facility necessary or useful to drill for, divert, impound, store, |
|
pump, treat, or transport to the city and others water for |
|
municipal, domestic, industrial, mining, oil flooding, or any other |
|
useful purpose. |
|
(d) The district may lease, purchase, or otherwise acquire |
|
rights in and to storage and storage capacity in any reservoir |
|
constructed or to be constructed by any person or from the United |
|
States. (Acts 64th Leg., R.S., Ch. 36, Secs. 8 (part), 9(a) |
|
(part), 10 (part).) |
|
Sec. 11003.156. CONSTRUCTION CONTRACTS. (a) The district |
|
may award a construction contract that requires an expenditure of |
|
more than $5,000 only after publication of notice to bidders once |
|
each week for two weeks in a newspaper of general circulation in the |
|
district. |
|
(b) The notice is sufficient if it states: |
|
(1) the time and place for opening the bids; |
|
(2) the general nature of the work to be done or the |
|
material, equipment, or supplies to be purchased; and |
|
(3) where the terms of bidding and copies of the plans |
|
and specifications may be obtained. (Acts 64th Leg., R.S., Ch. 36, |
|
Sec. 12.) |
|
Sec. 11003.157. CONVEYANCE OF LAND TO DISTRICT. A public |
|
agency or political subdivision of this state, including the city, |
|
may lease, sell, or otherwise convey its land or an interest in its |
|
land to the district for consideration that the parties agree is |
|
adequate. Approval, notice, consent, or an election is not |
|
required in connection with the conveyance. (Acts 64th Leg., R.S., |
|
Ch. 36, Sec. 9(b) (part).) |
|
Sec. 11003.158. SURPLUS PROPERTY. Subject to the terms of a |
|
resolution or deed of trust authorizing or securing bonds issued by |
|
the district, the district may sell, lease, rent, trade, or |
|
otherwise dispose of property that the board considers is not |
|
needed for a district purpose. (Acts 64th Leg., R.S., Ch. 36, Sec. |
|
10 (part).) |
|
Sec. 11003.159. EMINENT DOMAIN. (a) To carry out a power |
|
conferred by this chapter, the district may exercise the power of |
|
eminent domain to acquire the fee simple title to land, or any other |
|
interest in land, and other property and easements, inside or |
|
outside the district, including land or an interest in land needed |
|
for: |
|
(1) a well; or |
|
(2) a reservoir, dam, or flood easement above the |
|
probable high-water line around a reservoir. |
|
(b) The district must exercise the power of eminent domain |
|
in the manner provided by Chapter 21, Property Code. |
|
(c) The district is a municipal corporation for the purposes |
|
of Chapter 21, Property Code. |
|
(d) The board shall determine the amount and the type of |
|
interest in land, other property, or easements to be acquired under |
|
this section. (Acts 64th Leg., R.S., Ch. 36, Sec. 11(a) (part).) |
|
Sec. 11003.160. COST OF RELOCATING OR ALTERING PROPERTY; |
|
RIGHTS-OF-WAY AND EASEMENTS. (a) If the district's exercise of |
|
its eminent domain, police, or other power requires relocating, |
|
raising, lowering, rerouting, or changing the grade of or altering |
|
the construction of any railroad, electric transmission, |
|
telegraph, or telephone line, conduit, pole, property, or facility |
|
or pipeline, the action shall be accomplished at the sole expense of |
|
the district. The term "sole expense" means the actual cost of the |
|
lowering, rerouting, or change in grade or alteration of |
|
construction to provide a comparable replacement without enhancing |
|
the facility, after deducting from the cost the net salvage value |
|
derived from the old facility. |
|
(b) The district has all necessary or useful rights-of-way |
|
and easements along, over, under, and across all public, state, |
|
municipal, and county roads, highways, and places for any of its |
|
purposes. The district shall restore a used facility to its |
|
previous condition as nearly as possible at the sole expense of the |
|
district. (Acts 64th Leg., R.S., Ch. 36, Secs. 11(b), (c).) |
|
Sec. 11003.161. OTHER DISTRICT POWERS. The district has |
|
the same power as is conferred by general law on municipal utility |
|
districts or on water control and improvement districts, with |
|
reference to entering land and making surveys and attending to |
|
other business of the district. (Acts 64th Leg., R.S., Ch. 36, Sec. |
|
11(a) (part).) |
|
[Sections 11003.162-11003.200 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 11003.201. IMPOSITION OF MAINTENANCE TAX. (a) The |
|
district may impose a tax, not to exceed 25 cents on each $100 |
|
valuation of taxable property in the district, for: |
|
(1) maintenance purposes, including money for |
|
planning, maintaining, repairing, and operating all necessary |
|
plants, works, facilities, improvements, appliances, and equipment |
|
of the district; |
|
(2) paying costs of proper services, engineering, and |
|
legal fees; and |
|
(3) organization and administrative expenses. |
|
(b) The district may not impose a maintenance tax unless the |
|
tax is approved by a majority of the voters voting at an election |
|
held for that purpose. |
|
(c) A maintenance tax election may be held at the same time |
|
and in conjunction with a bond election. |
|
(d) The procedure for calling, giving notice of, and |
|
conducting a maintenance tax election is the same as the procedure |
|
for a bond election. (Acts 64th Leg., R.S., Ch. 36, Sec. 13.) |
|
Sec. 11003.202. DEPOSITORY. (a) The board shall designate |
|
one or more banks inside or outside the district to serve as the |
|
depository for the district's money. |
|
(b) District money shall be deposited in the depository |
|
designated by the board, except that: |
|
(1) bond proceeds and money pledged to pay bonds, to |
|
the extent provided in a resolution or trust indenture authorizing |
|
or securing district bonds, may be deposited with another bank or |
|
trustee named in the bond resolution or trust indenture; and |
|
(2) money shall be remitted to each paying agent for |
|
the payment of principal of and interest on the bonds. |
|
(c) To the extent that money in a depository bank or trustee |
|
bank is not insured by the Federal Deposit Insurance Corporation, |
|
the money must be secured in the manner provided by law for the |
|
security of municipal money. (Acts 64th Leg., R.S., Ch. 36, Sec. 20 |
|
(part).) |
|
Sec. 11003.203. INVESTMENT OF DISTRICT MONEY. The board |
|
may invest district money in obligations and make time deposits of |
|
district money in the manner determined by the board or in the |
|
manner permitted or required in a resolution or trust indenture |
|
authorizing or securing district bonds. (Acts 64th Leg., R.S., Ch. |
|
36, Sec. 20 (part).) |
|
Sec. 11003.204. DISTRICT FACILITIES EXEMPT FROM TAXATION |
|
AND ASSESSMENT. The district is not required to pay a tax or |
|
assessment on its facilities or any part of its facilities. (Acts |
|
64th Leg., R.S., Ch. 36, Sec. 22 (part).) |
|
[Sections 11003.205-11003.250 reserved for expansion] |
|
SUBCHAPTER F. BONDS |
|
Sec. 11003.251. AUTHORITY TO ISSUE BONDS. (a) The |
|
district may issue bonds payable from and secured by revenue or ad |
|
valorem taxes, or both revenue and ad valorem taxes, of the district |
|
to carry out any power conferred by this chapter. The bonds must be |
|
authorized by a board resolution. |
|
(b) The bonds must be issued in the manner and under the |
|
terms of the resolution authorizing the issuance of the bonds. |
|
(Acts 64th Leg., R.S., Ch. 36, Secs. 14(a), (b) (part), (e) (part).) |
|
Sec. 11003.252. FORM OF BONDS. District bonds must be: |
|
(1) issued in the district's name; |
|
(2) signed by the president or vice president; and |
|
(3) attested by the secretary. (Acts 64th Leg., R.S., |
|
Ch. 36, Sec. 14(b) (part).) |
|
Sec. 11003.253. MATURITY. District bonds must mature not |
|
later than 40 years after the date of their issuance. (Acts 64th |
|
Leg., R.S., Ch. 36, Sec. 14(b) (part).) |
|
Sec. 11003.254. ELECTION FOR BONDS PAYABLE FROM AD VALOREM |
|
TAXES. (a) Bonds, other than refunding bonds, payable wholly or |
|
partly from ad valorem taxes may not be issued unless authorized by |
|
a majority of the district voters voting at an election held for |
|
that purpose. |
|
(b) The board may call an election under this section |
|
without a petition. The resolution calling the election must |
|
specify: |
|
(1) the time and place at which the election will be |
|
held; |
|
(2) the purpose for which the bonds will be issued; |
|
(3) the amount of the bonds; |
|
(4) the form of the ballot; and |
|
(5) other matters the board considers necessary or |
|
advisable. |
|
(c) Notice of the election must be given by publishing a |
|
substantial copy of the resolution calling the election in a |
|
newspaper of general circulation in the district. The notice must |
|
be published once each week for two consecutive weeks. The first |
|
publication must be not later than the 14th day before the date of |
|
the election. |
|
(d) The district may issue bonds not payable wholly or |
|
partly from ad valorem taxes without an election. (Acts 64th Leg., |
|
R.S., Ch. 36, Secs. 17(a) (part), (b).) |
|
Sec. 11003.255. BONDS SECURED BY REVENUE; ADDITIONAL BONDS. |
|
(a) District bonds issued may be secured by a pledge of all or part |
|
of the district's revenue, or by all or part of the revenue of one or |
|
more contracts previously or subsequently made or other revenue or |
|
income specified by board resolution or a trust indenture securing |
|
the bonds. The pledge may reserve the right, under conditions |
|
specified by the pledge, to issue additional bonds that will be on a |
|
parity with or subordinate to the bonds then being issued. |
|
(b) The district may issue bonds secured by both taxes and |
|
revenue of the district described by Subsection (a). (Acts 64th |
|
Leg., R.S., Ch. 36, Secs. 14(d), (e) (part).) |
|
Sec. 11003.256. BONDS PAYABLE FROM AD VALOREM TAXES. |
|
(a) If bonds are issued payable wholly or partly from ad valorem |
|
taxes, the board shall annually impose a tax on the taxable property |
|
in the district in an amount sufficient to pay the principal of and |
|
interest on the bonds when due. |
|
(b) The district may adopt the rate of a tax imposed under |
|
Subsection (a) for any year after giving consideration to the money |
|
received from the pledged revenue that may be available for payment |
|
of principal and interest, to the extent and in the manner permitted |
|
by the resolution authorizing the issuance of the bonds. (Acts 64th |
|
Leg., R.S., Ch. 36, Secs. 14(e) (part), 23(b) (part).) |
|
Sec. 11003.257. ADDITIONAL SECURITY. (a) District bonds, |
|
including refunding bonds, that are not payable wholly from ad |
|
valorem taxes may be additionally secured, at the discretion of the |
|
board, by a deed of trust or mortgage lien on physical property of |
|
the district and all franchises, easements, water rights, and |
|
appropriation permits, leases, and contracts and all rights |
|
appurtenant to the property, vesting in the trustee power to: |
|
(1) sell the property for the payment of the debt; |
|
(2) operate the property; and |
|
(3) take other action to further secure the bonds. |
|
(b) A purchaser under a sale under the deed of trust lien, if |
|
one is given: |
|
(1) is the absolute owner of property, facilities, and |
|
rights purchased; and |
|
(2) is entitled to maintain and operate the property, |
|
facilities, and rights. (Acts 64th Leg., R.S., Ch. 36, Sec. 16 |
|
(part).) |
|
Sec. 11003.258. TRUST INDENTURE. (a) District bonds, |
|
including refunding bonds, that are not payable wholly from ad |
|
valorem taxes may be additionally secured by a trust indenture. The |
|
trustee may be a bank with trust powers located inside or outside |
|
the state. |
|
(b) A trust indenture, regardless of the existence of a deed |
|
of trust or mortgage lien on property, may: |
|
(1) provide for the security of the bonds and the |
|
preservation of the trust estate as prescribed by the board; |
|
(2) provide for amendment or modification of the trust |
|
indenture; |
|
(3) provide for the issuance of bonds to replace lost |
|
or mutilated bonds; |
|
(4) condition the right to spend district money or |
|
sell district property on the approval of a licensed engineer |
|
selected as provided by the trust indenture; and |
|
(5) provide for the investment of district money. |
|
(Acts 64th Leg., R.S., Ch. 36, Sec. 16 (part).) |
|
Sec. 11003.259. CHARGES FOR DISTRICT SERVICES. (a) If |
|
district bonds payable wholly from revenue are issued, the board |
|
shall set and revise the rates of compensation for water sold and |
|
services provided by the district. The rates must be sufficient to: |
|
(1) pay the expense of operating and maintaining |
|
district facilities; |
|
(2) pay the principal of and interest on the bonds when |
|
due; and |
|
(3) maintain the reserve fund and other funds as |
|
provided in the resolution authorizing the bonds. |
|
(b) If bonds payable partly from revenue are issued, the |
|
board shall set and revise the rate of compensation for water sold |
|
and any other services provided by the district. The rate must be |
|
sufficient to ensure compliance with the resolution authorizing the |
|
bonds or the trust indenture securing the bonds. (Acts 64th Leg., |
|
R.S., Ch. 36, Sec. 14(f).) |
|
Sec. 11003.260. USE OF BOND PROCEEDS. (a) The district |
|
may set aside an amount of proceeds from the sale of district bonds |
|
for: |
|
(1) the payment of interest expected to accrue during |
|
construction not to exceed three years; |
|
(2) a reserve interest and sinking fund; and |
|
(3) other funds as may be provided in the resolution |
|
authorizing the bonds or in the trust indenture. |
|
(b) The district may use proceeds from the sale of the bonds |
|
to pay any expense necessarily incurred in accomplishing the |
|
purpose of the district, including any expense of issuing and |
|
selling the bonds. (Acts 64th Leg., R.S., Ch. 36, Sec. 14(g).) |
|
Sec. 11003.261. APPOINTMENT OF RECEIVER. (a) On default |
|
or threatened default in the payment of the principal of or interest |
|
on district bonds that are payable wholly or partly from revenue, a |
|
court may, on petition of the holders of outstanding bonds, appoint |
|
a receiver for the district. |
|
(b) The receiver may collect and receive all district |
|
income, except taxes, employ and discharge district agents and |
|
employees, take charge of money on hand, except money received from |
|
taxes, unless commingled, and manage the proprietary affairs of the |
|
district without consent or hindrance by the board. |
|
(c) The receiver may be authorized to sell or contract for |
|
the sale of water or to renew those contracts with the approval of |
|
the court that appointed the receiver. |
|
(d) The court may vest the receiver with any other power or |
|
duty the court finds necessary to protect the bondholders. (Acts |
|
64th Leg., R.S., Ch. 36, Sec. 14(h) (part).) |
|
Sec. 11003.262. REFUNDING BONDS. (a) The district may |
|
issue refunding bonds to refund outstanding district bonds and |
|
interest on those bonds. |
|
(b) Refunding bonds may: |
|
(1) be issued to refund bonds of more than one series; |
|
(2) combine the pledges for the outstanding bonds for |
|
the security of the refunding bonds; or |
|
(3) be secured by a pledge of other or additional |
|
revenue or mortgage liens. |
|
(c) The provisions of this subchapter regarding the |
|
issuance of other bonds, their security, and the remedies of the |
|
holders apply to refunding bonds. |
|
(d) The comptroller shall register the refunding bonds on |
|
surrender and cancellation of the bonds to be refunded. |
|
(e) Instead of issuing bonds to be registered on the |
|
surrender and cancellation of the bonds to be refunded, the |
|
district, in the resolution authorizing the issuance of the |
|
refunding bonds, may provide for the sale of the refunding bonds and |
|
the deposit of the proceeds in a bank at which the bonds to be |
|
refunded are payable. In that case, the refunding bonds may be |
|
issued in an amount sufficient to pay the principal of and interest |
|
and any required redemption premium on the bonds to be refunded to |
|
any redemption date or to their maturity date, and the comptroller |
|
shall register the refunding bonds without the surrender and |
|
cancellation of the bonds to be refunded. |
|
(f) An election is not required to authorize the issuance of |
|
refunding bonds. |
|
(g) The district may also issue refunding bonds under any |
|
other applicable law. (Acts 64th Leg., R.S., Ch. 36, Sec. 15.) |
|
Sec. 11003.263. LIMITATION ON RIGHTS OF BONDHOLDERS. The |
|
resolution authorizing the bonds or the trust indenture securing |
|
the bonds may limit or qualify the rights of the holders of less |
|
than all of the outstanding bonds payable from the same source to |
|
institute or prosecute litigation affecting the district's |
|
property or income. (Acts 64th Leg., R.S., Ch. 36, Sec. 14(h) |
|
(part).) |
|
Sec. 11003.264. BONDS EXEMPT FROM TAXATION. A district |
|
bond, the transfer of the bond, and the income from the bond, |
|
including profits made on the sale of the bond, are exempt from |
|
taxation in this state. (Acts 64th Leg., R.S., Ch. 36, Sec. 22 |
|
(part).) |
|
Sec. 11003.265. DETACHMENT OF DISTRICT TERRITORY AFTER |
|
ISSUANCE OF BONDS. Territory may not be detached from the district |
|
after the issuance of bonds payable from revenue or taxes, or both |
|
revenue and taxes. (Acts 64th Leg., R.S., Ch. 36, Sec. 17(a) |
|
(part).) |
|
ARTICLE 2. CONFORMING AMENDMENTS |
|
SECTION 2.01. Section 1, Chapter 317, Acts of the 59th |
|
Legislature, Regular Session, 1965, is amended to read as follows: |
|
Sec. 1. [Pursuant to the provisions of Section 9 of Article
|
|
IX of the Constitution of the State of Texas, this Act shall be
|
|
operative so as to authorize the creation, establishment,
|
|
maintenance and operation of a Hospital District within the State
|
|
of Texas, to be known as] Yoakum Hospital District, situated in the |
|
Counties of DeWitt, Lavaca and Gonzales, Texas, and the boundaries |
|
of said District shall be coextensive with the boundaries of the |
|
three school districts, hereinafter named as constituted on January |
|
1, 1965, lying adjacent and forming one body of land, situated |
|
partly in the Counties of DeWitt, Lavaca and Gonzales, Texas, to |
|
wit: |
|
HOPE COMMON SCHOOL DISTRICT No. 58, lying wholly in Lavaca |
|
County, Texas, SWEET HOME COMMON SCHOOL DISTRICT No. 41, lying |
|
wholly in Lavaca County, Texas, and YOAKUM INDEPENDENT SCHOOL |
|
DISTRICT, lying partly within the Counties of DeWitt, Lavaca and |
|
Gonzales, Texas, except as that certain area excluded therefrom |
|
situated in said Yoakum Independent School District, in DeWitt |
|
County, Texas, lying near the City of Cuero and adjacent to the |
|
present Cuero Independent School District, and better described as |
|
being all of the William Norwall (W. L. Norwall) Survey A-371; all |
|
of the S. B. Mixon Survey A-341; all of the Joshua Threadgill Survey |
|
A-454; and all of the William S. Townsend Survey A-457. |
|
[The District shall have the powers and responsibilities
|
|
provided by the aforesaid Constitutional provision and as
|
|
hereinafter prescribed.] |
|
SECTION 2.02. Section 2, Chapter 18, Acts of the 55th |
|
Legislature, 1st Called Session, 1957, is amended to read as |
|
follows: |
|
Sec. 2. [It is expressly determined and found that all of
|
|
the land and other property included within the area and boundaries
|
|
of the District (Bell County Water Control and Improvement District
|
|
No. 6) will be benefited by the works and projects which are to be
|
|
accomplished by the District pursuant to the powers conferred by
|
|
the provisions of Article XVI, Section 59, of the Constitution of
|
|
Texas, and that said District was and is created to serve a public
|
|
use and benefit.] The area of the District shall be all of that |
|
territory enclosed within the following metes and bounds |
|
description, to-wit: |
|
BEGINNING at intersection of right bank of Leon River with |
|
center line of Belton-Shallow Ford Road. |
|
THENCE westerly with said road, 6800 feet, more or less, to |
|
east line of M. F. Connell Survey, Abstract #6. |
|
THENCE N. 19° E., 925 feet, more or less, with said survey to |
|
point that would intersect East 6th Street, Belton, Texas. |
|
THENCE westerly with said 6th Street to Santa Fe Railroad |
|
Belton Spur. |
|
THENCE northerly with said Spur to Santa Fe Railroad Main |
|
Line Right-of-Way. |
|
THENCE westerly with said Santa Fe Right-of-Way to road going |
|
north to Belton Dam Site. |
|
THENCE northerly 800 feet, more or less, with Belton Dam Site |
|
Road to north line of Lewis Walker Survey, Abstract #860. |
|
THENCE N. 71° W., 12,000 feet, more or less, with north line |
|
of Walker Survey, to its northwest corner. |
|
THENCE S. 19° W., 150 feet, more or less, to Belton-Sparta |
|
Road. |
|
THENCE northwesterly 4500 feet, more or less, with said |
|
Belton-Sparta Road to east line of A. C. Barrington Tract. |
|
THENCE northerly 2300 feet, more or less, with east line of |
|
Barrington Tract to its northeast corner, in north line of Wm. |
|
Norvell Survey, Abstract #627. |
|
THENCE N. 71° W. to the northwest corner of Norvell Survey and |
|
the northeast corner of Wiley Jones Survey, Abstract #475. |
|
THENCE S. 19° W. with Fort Hood Reservation and the east line |
|
of Jones Survey 7400 feet, more or less, to corner of said |
|
Reservation. |
|
THENCE westerly 16,000 feet, more or less, with said |
|
Reservation south line, to the most northerly northwest corner of |
|
C. O. Kaiser Tract. |
|
THENCE southerly 860 feet, more or less, with said |
|
Reservation Line to an ell corner of Kaiser Tract. |
|
THENCE N. 71° W., 7800 feet, more or less, to a point in the |
|
east line of Wm. Brown Survey, Abstract #87. |
|
THENCE S. 19° W. to the southeast corner of said Brown Survey. |
|
THENCE N. 71° W. to the southwest corner of said Brown Survey, |
|
in the east line of G. W. Cartwright Survey. |
|
THENCE southerly 3880 feet, more or less, with Reservation |
|
Line and east line of said Cartwright Survey to the northeast corner |
|
of T. J. Cox Tract. |
|
THENCE N. 71° W., 1850 feet, more or less, with Reservation |
|
and Cox Line to northwest corner of Cox's Tract in the east line of |
|
Grady Bagby Tract. |
|
THENCE N. 19° E., 1100 feet, more or less, with Bagby's east |
|
line and Reservation Line, to the northeast corner of Bagby Tract. |
|
THENCE westerly 5800 feet, more or less, with Reservation |
|
Line and north line of Bagby and T. L. Bishop Tracts, a corner in |
|
east line of Perry Hicks Tract. |
|
THENCE northerly 1450 feet, more or less, to Hicks northeast |
|
corner and corner of Reservation. |
|
THENCE N. 71° W., 3100 feet, more or less, to point in public |
|
road for corner of this. |
|
THENCE northwesterly 8000 feet, more or less, with said road |
|
and Reservation Line to northwest corner of W. S. Whitmire Tract and |
|
corner of this. |
|
THENCE N. 71° W., 3500 feet, more or less, with Reservation |
|
Line to northwest corner of E. R. Hilliard Tract. |
|
THENCE S. 19° W., 850 feet, more or less, to northeast corner |
|
of W. T. Dugger Tract. |
|
THENCE N. 71° W., 1320 feet, more or less, with Reservation |
|
Line and north line of Dugger to Dugger's northwest corner in west |
|
line of A. Dickson Survey, Abstract #265. |
|
THENCE S. 19° W., 4600 feet, more or less, with Reservation |
|
Line to corner thereof. |
|
THENCE westerly 9100 feet, more or less, with Reservation |
|
Line to northwest corner of Fairway Park Addition, Killeen, Texas, |
|
and corner of Reservation. |
|
THENCE S. 19° W., 1300 feet, more or less, to corner of |
|
Fairway Park Addition, S. 71° E., 100 feet, more or less to ell |
|
corner of Fairway Park Addition, and S. 19° W., 1200 feet, more or |
|
less, to the north line of A. Thompson Survey, Abstract #813. |
|
THENCE N. 71° W. to northwest corner of A. Thompson Survey. |
|
THENCE S. 19° W., 5800 feet, more or less, with Reservation |
|
Line to ell corner of Wendland Tract. |
|
THENCE N. 71° W., 800 feet, more or less, and S. 19° W., 1500 |
|
feet, more or less, to point in east line of Thomas Robinett Survey, |
|
Abstract #686, northeast corner of Mrs. Joe Harris Tract for corner |
|
of this and of Reservation. |
|
THENCE N. 71° W., 8000 feet, more or less, with Reservation |
|
Line, the northwest corner of L. A. Williams Tract. |
|
THENCE southwesterly 3400 feet, more or less, with |
|
Reservation Line to a point in north line of Oscar Rose Tract. |
|
THENCE N. 71° W., 5700 feet, more or less, to west line of said |
|
Robinett Survey and the northwest corner of H. Shorn 251 acre tract. |
|
THENCE S. 19° W., 13,900 feet, more or less, to southwest |
|
corner of Theron Shepard Tract in west line of J. E. Madera Survey, |
|
Abstract #600. |
|
THENCE S. 71° E., 1800 feet, more or less, to most southerly |
|
southeast corner of said Shepard Tract in west line of C. V. |
|
Bouchelle Tract. |
|
THENCE N. 19° E., 600 feet, more or less, to the most |
|
northerly northwest corner of the Bouchelle Tract. |
|
THENCE S. 71° E., 1600 feet, more or less, to northeast corner |
|
of Bouchelle Tract in west line of A. J. Henderson Tract. |
|
THENCE N. 19° E., 1700 feet, more or less, to the most |
|
northerly northwest corner of Henderson Tract, S. 71° E., 600 feet, |
|
more or less, to an ell corner of Henderson Tract, and N. 19° E., |
|
2300 feet, more or less, to the northwest corner of said Henderson |
|
Tract in south line of Robinett Survey. |
|
THENCE S. 71° E., 12,000 feet, more or less, with south line |
|
of Robinett Survey and projecting said line to west line of Azra |
|
Webb Survey, Abstract #857, for a corner of this. |
|
THENCE S. 19° W., 7000 feet, more or less, with west line of |
|
said Webb Survey and road to southwest corner of said Webb Survey. |
|
THENCE S. 71° E., 6000 feet, more or less, to southeast corner |
|
of said Webb Survey, a road intersection for corner of this. |
|
THENCE easterly with public road, at 5400 feet, more or less, |
|
the southwest corner of Sarah Llewelyn 100 acre tract. |
|
THENCE northerly 1300 feet, more or less, to the northwest |
|
corner of said 100 acre tract, and easterly 2000 feet, more or less, |
|
to northeast corner of said 100 acre tract in west line of Llewelyn |
|
300 acre tract. |
|
THENCE N. 19° E., 1800 feet, more or less, with west line of |
|
said 300 acre tract, 2500 feet, more or less, from the northwest |
|
corner thereof. |
|
THENCE N. 71° E., 5600 feet, more or less, to point in east |
|
line of Robert Cunningham Survey, Abstract #199, and west line of |
|
Robert Cunningham Survey, Abstract #198, and southwest corner of L. |
|
M. Parmer 100 acre tract. |
|
THENCE N. 19° W., 2000 feet, more or less, to southwest corner |
|
of E. L. Sprott Tract. |
|
THENCE N. 71° E., 2000 feet, more or less, with south line of |
|
Sprott Tract to southeast corner of Sprott Tract. |
|
THENCE N. 19° W., 1650 feet, more or less, to northwest corner |
|
of R. L. Bigham Tract in north line of said Cunningham Survey, |
|
Abstract #198. |
|
THENCE N. 71° E., 2800 feet, more or less, with north line of |
|
Bigham Tract and north line of Cunningham Survey to point in |
|
Killeen-Salado Road. |
|
THENCE easterly 3300 feet, more or less, with said road to |
|
southwest corner of J. A. Cox Survey, Abstract #189. |
|
THENCE S. 71° E., 5000 feet, more or less, with south line of |
|
said Cox Survey and south line of J. J. Tomlinson Survey, Abstract |
|
#831, the southeast corner of said Tomlinson Survey in west line of |
|
Martha Smith Survey, Abstract #750, for corner of this. |
|
THENCE N. 19° E., 660 feet, more or less, with said Smith's |
|
west line to northwest corner of Norris Tract. |
|
THENCE S. 71° E., 4300 feet, more or less, to east line of said |
|
Smith Survey and west line of Albert Gallatin Survey, Abstract |
|
#363. |
|
THENCE S. 19° W., 2300 feet, more or less, to southwest corner |
|
of said Gallatin Survey. |
|
THENCE S. 71° E., 5280 feet, more or less, to southeast corner |
|
of said Gallatin Survey in west line of Eliz Dawson Survey, Abstract |
|
#258. |
|
THENCE S. 19° W., 1300 feet, more or less, to most westerly |
|
southwest corner of said Dawson Survey. |
|
THENCE S. 71° E., 4400 feet, more or less, to point in east |
|
line of said Dawson Survey, and west line of Uriah Hunt Survey, |
|
Abstract #401, said point being in road and in west line of M. D. |
|
Boydston Tract. |
|
THENCE S. 19° W., 500 feet, more or less, to southwest corner |
|
of Boydston Tract at road intersection. |
|
THENCE easterly 5000 feet, more or less, with said road to |
|
northwest corner of Vernon Ellis Tract, in east line of said Hunt |
|
Survey. |
|
THENCE S. 19° W., 1600 feet, more or less, with Hunt east line |
|
to northwest corner of the J. M. Lane Survey, Abstract #531. |
|
THENCE S. 71° E. to most northerly northeast corner of said |
|
Lane Survey. |
|
THENCE S. 19° W. to ell corner of said Lane Survey. |
|
THENCE S. 71° E. to most easterly northeast corner of said |
|
Lane Survey. |
|
THENCE S. 19° W. to southeast corner of said Lane Survey and |
|
most southerly corner of P. G. Rucker Survey, Abstract #1119, in |
|
north line of T. J. Nabors Survey, Abstract #631. |
|
THENCE N. 71° E. to northeast corner of said Nabors Survey. |
|
THENCE S. 19° E. to west line of Bill Wendland Tract. |
|
THENCE N. 19° E., 1600 feet, more or less, with Wendland west |
|
line to south line of John Hughes Survey, Abstract #379. |
|
THENCE N. 71° W., 1000 feet, more or less, to southwest corner |
|
of said Hughes Survey. |
|
THENCE N. 19° E. with said west line to Belton-Keyes Valley |
|
Road. |
|
THENCE easterly 12,000 feet, more or less, with said road to |
|
its intersection with Highway #190, at Fred Hills. |
|
THENCE easterly with said Highway #190, to west line of John |
|
Lewis Survey, Abstract #512, at W. T. Mills northwest corner. |
|
THENCE S. 19° W., 1200 feet, more or less, to Mills southwest |
|
corner. |
|
THENCE S. 71° E., 4600 feet, more or less, with south lines of |
|
Mills, Mrs. J. C. Varnell and Mrs. Katie Peeler Tracts to point in |
|
public road, southeast corner Peeler Tract for corner of this. |
|
THENCE S. 19° W. with said road, 1200 feet, more or less, to |
|
southwest corner of H. C. Farrell Tract. |
|
THENCE easterly 7200 feet, more or less, with road to |
|
southeast corner of F. R. Stegall Tract, in the west line of J. S. |
|
Huey Tract, in the east line of the J. Townsend Survey, Abstract |
|
#818. |
|
THENCE S. 19° W., 1300 feet, more or less, to J. Townsend |
|
southeast corner in west line of J. P. Wallace Survey, Abstract |
|
#906. |
|
THENCE S. 71° E., 17,500 feet, more or less, to east line of O. |
|
T. Tyler Survey, Abstract #20. |
|
THENCE N. 19° E., 4000 feet, more or less, to northeast corner |
|
of Tyler Survey on right bank of Leon River. |
|
THENCE up said Leon River to the place of beginning. |
|
[It is determined and found by the Legislature that the
|
|
boundaries and field notes of said District form a closure, and if
|
|
any mistake is made in copying the field notes in the legislative
|
|
process, or otherwise a mistake is made in the field notes, it shall
|
|
in no way or manner affect the organization, existence and validity
|
|
of said District, and the right of said District to issue bonds or
|
|
refunding bonds, or to pay the principal and/or interest thereon,
|
|
and the right to assess, levy and collect taxes, or in any manner
|
|
affect the legality or operation of said District or its governing
|
|
body.] |
|
SECTION 2.03. Section 1, Chapter 286, Acts of the 54th |
|
Legislature, Regular Session, 1955, is amended to read as follows: |
|
Sec. 1. [Under and pursuant to the provisions of Article 16,
|
|
Section 59, of the Constitution, a conservation and reclamation
|
|
district is hereby created and incorporated in Wharton County,
|
|
Texas, to be known as "Boling Municipal Water District,"
|
|
hereinafter sometimes referred to as the "District".] The |
|
boundaries of the district [thereof] shall be as follows: |
|
All the following tract of land comprising approximately 569 |
|
acres or 0.89 (89/100ths) of a square mile and being in the Stephen |
|
F. Austin League, Abstract No. 2, Wharton County, Texas: |
|
Beginning at the Northwest Corner of the Lalla Rookh |
|
Plantation; |
|
Thence easterly along the north boundary line of the Lalla |
|
Rookh Plantation a distance of 3,127 feet to a corner; |
|
Thence along a line bearing south 31 degrees 0 minutes west, a |
|
distance of approximately 2,225 feet to an intersection with the |
|
northeast corner of Block 34 of the Oil City Addition; |
|
Thence along a line bearing south 41 degrees 45 minutes west, |
|
a distance of approximately 3,040 feet to a point on the north |
|
boundary line of the William Owens Estate Partition in the Lalla |
|
Rookh Plantation; |
|
Thence along a line bearing north 59 degrees 9 minutes west, a |
|
distance of approximately 4,200 feet to a point on the west boundary |
|
line of the May and Martin Subdivision; |
|
Thence northerly along the west boundary line of the May and |
|
Martin Subdivision, a distance of approximately 2,165 feet to a |
|
point on the south boundary line of the Duncan Addition, Boling, |
|
Texas; |
|
Thence westerly along the south boundary line of the Duncan |
|
Addition, Boling, Texas, a distance of 91.2 feet to the southwest |
|
corner of the Duncan Addition, Boling, Texas; |
|
Thence along a line bearing north 42 degrees 0 minutes east, a |
|
distance of approximately 4,680 feet to a point on the south |
|
boundary line of the R. E. Vineyard Subdivision; |
|
Thence easterly along the south boundary line of the R. E. |
|
Vineyard Subdivision, a distance of approximately 785 feet to the |
|
west boundary line of the Bear Camp Plantation; |
|
Thence southerly along the west boundary line of the Bear |
|
Camp Plantation a distance of approximately 1,585 feet to the |
|
northwest corner of the Lalla Rookh Plantation, the point of |
|
beginning. |
|
SECTION 2.04. Section 2, Chapter 17, Acts of the 56th |
|
Legislature, 1st Called Session, 1959, is amended to read as |
|
follows: |
|
Sec. 2. [Territory to Be Included in District. It is
|
|
expressly determined and found that all of the territory included
|
|
within the area of the District will be benefited by the works and
|
|
projects which are to be accomplished by the District pursuant to
|
|
the powers conferred by the provisions of Article XVI, Section 59 of
|
|
the Constitution of Texas.] The area of the District shall be all of |
|
that territory enclosed within the following metes and bounds |
|
description, to wit: |
|
BEGINNING at the NW corner of H & TC Ry Co. Sur. 341, Block |
|
1-A, for the NW Cor. of this District; |
|
THENCE east along the north boundary lines of Secs. 341, 340 |
|
and 339, to the northwest cor. of Sec. 338, H & TC Ry Co. Sur., Block |
|
1-A, same being the northeast cor. of Sec. 339, same Sur.; |
|
THENCE north with the east boundary line of Sec. 334, same |
|
Sur., and the west boundary line of Sec. 335 of said Sur. to the |
|
northwest cor. of said Sec. 335, for cor.; |
|
THENCE east with the north boundary line of Secs. 335 and 336 |
|
of said H & TC Ry Co. Sur., to the northeast cor. of said Sec. 336, |
|
for cor. in the west line of R. E. Douglas Sur. #8; |
|
THENCE north with the west line of said Douglas Sur. to the |
|
southwest cor. of Joe Lindley Sur. #1, for cor.; |
|
THENCE east with south line of said Joe Lindley Sur. to its |
|
northeast cor. in the west line of W. H. Donaghe Sur. #9; |
|
THENCE south, then east, then south, with said boundary line |
|
of said Donaghe Sur. #9 to the south line of Alfred Dorsey Sur. |
|
#474, same being the most southwesterly cor. of said W. H. Donaghe |
|
Sur. #9; |
|
THENCE northeast with the line of said Alfred Dorsey Sur. |
|
#474 to the northeast cor. thereof; |
|
THENCE southeast with the line of said Alfred Dorsey Sur. to |
|
the southeast cor. thereof, same being the northeast cor. of J. A. |
|
Monteith Sur. #1; |
|
THENCE southwest with the line of said Alfred Dorsey Sur. to |
|
the northwest cor. of the M. C. Allen Sur. #1; |
|
THENCE south with the west line of said M. C. Allen Sur. #1 to |
|
the southwest cor. thereof; same being the northwest cor. of H & TC |
|
Ry Sec. 347, Block 1-A; |
|
THENCE east along the lines of said Sec. 347 and J. N. Lindley |
|
Sur. #2, to the northeast cor. of said J. N. Lindley Sur. #2 for cor. |
|
in the west boundary line of the Pedro Martinez Sur. #299; |
|
THENCE southeast with the line of said Martinez Sur. to the |
|
northwest boundary line of J. M. Lindley Sur. #26, the southwest |
|
cor. of said Pedro Martinez Sur.; |
|
THENCE west with the north boundary line of said J. M. Lindley |
|
Sur. #26, to the northeast cor. of J. M. Lindley Sur. #25, and the |
|
northwest cor. of said J. M. Lindley Sur. #26; |
|
THENCE southeast with the westerly lines of the J. M. Lindley |
|
Sur. #26, and the S. K. White Sur. #30, to the southwest cor. of said |
|
S. K. White Sur. in the northeast line of S. K. White Sur. #32; |
|
THENCE northeast with the line of said S. K. White Sur. #30, |
|
and the north line of L. N. Taylor Sur. #6, to the west boundary line |
|
of Runnels County; |
|
THENCE south along the lines of Coke and Runnels Counties, |
|
crossing L. N. Taylor Surs. 6, 5, 4, and 2 to the point where the |
|
south line of said L. N. Taylor Sur. #2 intersects the west boundary |
|
line of Runnels County for cor.; |
|
THENCE west with the south boundary line of said L. N. Taylor |
|
Sur. #2 and the north boundary line of the H. A. Thomson Sur. #3, to |
|
the northwest cor. of the east 1/2 of said H. A. Thomson Sur.; |
|
THENCE south with the west line of the east 1/2 of said H. A. |
|
Thomson Sur. to the southwest cor. of said east 1/2 of said H. A. |
|
Thomson Sur.; |
|
THENCE west with the south line of the west 1/2 of said H. A. |
|
Thomson Sur. and the south line of B. B. B. & C. RR. Co. Sur. to the |
|
southwest cor. of said H. A. Thomson Sur., the northwest cor. of |
|
said R. R. Co. Sur. and being in the east boundary line of L. N. |
|
Taylor Sur. #1; |
|
THENCE south with the east boundary line of said L. N. Taylor |
|
Sur. #1 and the west line of said RR. Co. Sur., and with the west |
|
boundary line of Benjamin B. Carr Sur., and the west boundary line |
|
of I & G. N. Ry. Co. Sur., and the east boundary line of S. F. 8339 to |
|
a point in said lines lying due east from the northeast cor. of J. W. |
|
Jackson Sur. #2 for cor.; |
|
THENCE west pass the northeast cor. of said Jackson Sur., and |
|
along the north boundary line of same and the south boundary line of |
|
M. M. McCutchen Sur. #3, to the northeast cor. of J. N. Sterling |
|
Sur. #9, for cor.; |
|
THENCE south with the west boundary line of said Jackson Sur. |
|
to the southwest cor. thereof in the northeast boundary line of Wm. |
|
L. Coulson Sur. #326; |
|
THENCE northwest with the line of said Wm. L. Coulson Sur. |
|
326, to the northwest cor. thereof; |
|
THENCE southwest along the west boundary line of said Coulson |
|
Sur., and the east boundary line of J. P. Moore Sur. #327, to the |
|
southwest cor. of said Coulson Sur. and the southeast cor. of said |
|
Moore Sur. on the bank of the Colorado River; |
|
THENCE up said River with its meanders along the south |
|
boundary lines of said J. P. Moore Sur. 327 and J. P. Moore Sur. #328 |
|
and the Nicholas Eastland Sur. #29, to the east boundary line of the |
|
KCM&O Railroad Right of Way; |
|
THENCE north with the east boundary line of said Right of Way |
|
to the north boundary line of Nicholas Eastland Sur. 330; |
|
THENCE west with the north boundary line of said Eastland |
|
Sur. #330, crossing said Railroad to the northwest cor. of said |
|
Eastland Sur. 330; |
|
THENCE south with the east line of Nicholas Eastland Sur. |
|
#331, and the west line of said Eastland Sur. 330 to the southeast |
|
cor. of said Eastland Sur. #331, and the southwest cor. of said |
|
Eastland Sur. #330, on the north bank of the Colorado River; |
|
THENCE west along the north bank of said River and the south |
|
lines of said Eastland Sur. #331, and the C&M R. R. Co. Sur. to the |
|
southwest cor. thereof on the north bank of the Colorado River; |
|
THENCE northeast along the east boundary line of the Lee J. |
|
Good Sur. #6, to the south boundary line of H & T.C. Ry Co. Sec. 453, |
|
for cor.; |
|
THENCE west with the south boundary line of said Sec. 453, to |
|
the southwest cor. thereof; |
|
THENCE north with the west lines of said Sec. 453 and Sec. |
|
#450, same Sur. to the southeast cor. of Sec. 432, same Sur., being |
|
the northeast cor. of Sec. 449, same Sur., and the northwest cor. of |
|
Sec. 450, same Sur.; |
|
THENCE west with the south line of Sec. 432, same Sur., and |
|
the north line of Sec. 449, same Sur. to the southwest cor. of said |
|
Sec. 432; |
|
THENCE north with the west line of said Sec. 432 to the |
|
northwest Cor. thereof and the southeast cor. of Sec. 422, same |
|
Sur.; |
|
THENCE west with the south line of said Sec. 422, to the |
|
southwest cor. thereof, same being the northeast cor. of Sec. #434, |
|
same Sur.; |
|
THENCE north along the west lines of Secs. 422 and 399, same |
|
Sur., to the southeast cor. of Sec. 387, same Sur.; |
|
THENCE west with the north boundary line of Sec. 400, same |
|
Sur., to the southwest cor. of Sec. 387, same being the northeast |
|
cor. of Sec. 401, H&TC Ry. Co., Block 1-A, same Sur.; |
|
THENCE north with the west line of said Sec. 387, to the |
|
northwest cor. thereof, being the northeast cor. of Sec. 386, same |
|
Sur.; |
|
THENCE west with the north boundary line of said Sec. 386 and |
|
the south boundary line of Sec. 369, same Sur., to the southwest |
|
cor. of said Sec. 369, the northeast cor. of Sec. 385, H&TC RR. Co. |
|
Sur., Block 1-A: "Same Sur."; |
|
THENCE north, along the west lines of Secs. 369, 354 and 341, |
|
same being the east lines of Secs. 370, 355 and 342, same Sur., H&TC |
|
RR. Co., Block 1-A, to the northwest cor. of said Sec. 341; the |
|
place of beginning. |
|
ARTICLE 3. REPEALERS |
|
SECTION 3.01. The following statutes are repealed: |
|
(1) Chapter 108, Acts of the 59th Legislature, Regular |
|
Session, 1965; |
|
(2) Sections 2 and 3, Chapter 563, Acts of the 63rd |
|
Legislature, Regular Session, 1973; |
|
(3) Chapter 118, Acts of the 63rd Legislature, Regular |
|
Session, 1973; |
|
(4) Chapter 182, Acts of the 60th Legislature, Regular |
|
Session, 1967; |
|
(5) Chapter 638, Acts of the 61st Legislature, Regular |
|
Session, 1969; |
|
(6) Sections 7(b), (c), and (d), Chapter 716, Acts of |
|
the 72nd Legislature, Regular Session, 1991; |
|
(7) Chapter 298, Acts of the 58th Legislature, Regular |
|
Session, 1963; |
|
(8) Sections 2 and 3, Chapter 165, Acts of the 63rd |
|
Legislature, Regular Session, 1973; |
|
(9) Section 2, Chapter 1116, Acts of the 71st |
|
Legislature, Regular Session, 1989; |
|
(10) Chapter 110, Acts of the 58th Legislature, |
|
Regular Session, 1963; |
|
(11) Chapter 658, Acts of the 64th Legislature, |
|
Regular Session, 1975; |
|
(12) Section 2, Chapter 70, Acts of the 72nd |
|
Legislature, Regular Session, 1991; |
|
(13) Chapter 315, Acts of the 58th Legislature, |
|
Regular Session, 1963; |
|
(14) Chapter 6, Acts of the 59th Legislature, Regular |
|
Session, 1965; |
|
(15) Chapter 323, Acts of the 62nd Legislature, |
|
Regular Session, 1971; |
|
(16) Sections 7 and 8, Chapter 1117, Acts of the 70th |
|
Legislature, Regular Session, 1987; |
|
(17) Chapter 511, Acts of the 65th Legislature, |
|
Regular Session, 1977; |
|
(18) Section 2, Chapter 535, Acts of the 66th |
|
Legislature, Regular Session, 1979; |
|
(19) Section 2, Chapter 18, Acts of the 67th |
|
Legislature, Regular Session, 1981; |
|
(20) Chapter 293, Acts of the 60th Legislature, |
|
Regular Session, 1967; and |
|
(21) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, 17, 18, 19, 20, and 21, Chapter 317, Acts of the 59th |
|
Legislature, Regular Session, 1965. |
|
SECTION 3.02. The following statutes are repealed: |
|
(1) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, |
|
15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26, Chapter 135, Acts |
|
of the 62nd Legislature, Regular Session, 1971; |
|
(2) Chapter 1073, Acts of the 68th Legislature, |
|
Regular Session, 1983; |
|
(3) Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, and |
|
14, Chapter 882, Acts of the 78th Legislature, Regular Session, |
|
2003; |
|
(4) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13, |
|
Chapter 1382, Acts of the 77th Legislature, Regular Session, 2001; |
|
(5) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 696, Acts |
|
of the 62nd Legislature, Regular Session, 1971; |
|
(6) Sections 1, 2, 3, 4(b), 5, 6, 7, and 8, Chapter |
|
947, Acts of the 69th Legislature, Regular Session, 1985; |
|
(7) Sections 1, 2, 3, 4(b), 5, 6, 7, and 8, Chapter |
|
764, Acts of the 69th Legislature, Regular Session, 1985; |
|
(8) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 687, Acts |
|
of the 65th Legislature, Regular Session, 1977; |
|
(9) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 625, Acts |
|
of the 62nd Legislature, Regular Session, 1971; |
|
(10) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 247, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(11) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 650, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(12) Sections 1.01, 1.02, 1.04, 1.05, 1.06, 1.07, |
|
1.08, 1.09, 1.10, 1.11, 1.12, and 1.13, Chapter 791, Acts of the |
|
74th Legislature, Regular Session, 1995; |
|
(13) Sections 2.01, 2.02, 2.04, 2.05, 2.06, 2.07, |
|
2.08, 2.09, 2.10, 2.11, 2.12, and 2.13, Chapter 791, Acts of the |
|
74th Legislature, Regular Session, 1995; |
|
(14) Sections 3.01, 3.02, 3.04, 3.05, 3.06, 3.07, |
|
3.08, 3.09, 3.10, 3.11, 3.12, and 3.13, Chapter 791, Acts of the |
|
74th Legislature, Regular Session, 1995; |
|
(15) Sections 4.01, 4.02, 4.04, 4.05, 4.06, 4.07, |
|
4.08, 4.09, 4.10, 4.11, 4.12, and 4.13, Chapter 791, Acts of the |
|
74th Legislature, Regular Session, 1995; |
|
(16) Sections 5.01, 5.02, 5.04, 5.05, 5.06, 5.07, |
|
5.08, 5.09, 5.10, 5.11, 5.12, and 5.13, Chapter 791, Acts of the |
|
74th Legislature, Regular Session, 1995; |
|
(17) Sections 6.01, 6.02, 6.04, 6.05, 6.06, 6.07, |
|
6.08, 6.09, 6.10, 6.11, 6.12, and 6.13, Chapter 791, Acts of the |
|
74th Legislature, Regular Session, 1995; |
|
(18) Sections 7.01, 7.02, 7.04, 7.05, 7.06, 7.07, |
|
7.08, 7.09, 7.10, 7.11, 7.12, and 7.13, Chapter 791, Acts of the |
|
74th Legislature, Regular Session, 1995; |
|
(19) Section 8.01, Chapter 791, Acts of the 74th |
|
Legislature, Regular Session, 1995; |
|
(20) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 662, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(21) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 689, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(22) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 668, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(23) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 669, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(24) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 630, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(25) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 682, |
|
Acts of the 62nd Legislature, Regular Session, 1971; |
|
(26) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12, |
|
Chapter 865, Acts of the 69th Legislature, Regular Session, 1985; |
|
(27) Chapter 63, Acts of the 43rd Legislature, 1st |
|
Called Session, 1933; |
|
(28) Section 2, Chapter 873, Acts of the 71st |
|
Legislature, Regular Session, 1989; |
|
(29) Sections 4 and 5, Chapter 1263, Acts of the 75th |
|
Legislature, Regular Session, 1997; |
|
(30) Sections 2, 3, 4, and 5, Chapter 115, Acts of the |
|
82nd Legislature, Regular Session, 2011; |
|
(31) Chapter 338, General Laws, Acts of the 44th |
|
Legislature, Regular Session, 1935; |
|
(32) Section 14, Article 4, Chapter 484, Acts of the |
|
68th Legislature, Regular Session, 1983; |
|
(33) Sections 3, 4, and 5, Chapter 493, Acts of the |
|
81st Legislature, Regular Session, 2009; |
|
(34) Chapter 1330, Acts of the 77th Legislature, |
|
Regular Session, 2001; |
|
(35) Sections 1, 2, 3, 4(f), 5, 6, 7, 8, 9A, 10, 11, 12, |
|
13, and 14, Chapter 1152, Acts of the 78th Legislature, Regular |
|
Session, 2003; |
|
(36) Chapter 1162, Acts of the 78th Legislature, |
|
Regular Session, 2003; |
|
(37) Section 4, Chapter 893, Acts of the 81st |
|
Legislature, Regular Session, 2009; |
|
(38) Part 7, Article 3, Chapter 966, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(39) Sections 1, 2, 3, 4, 5, 6, 6A, 7, 8, 9, 10, 12, 13, |
|
and 14, Chapter 180, Acts of the 72nd Legislature, Regular Session, |
|
1991; |
|
(40) Chapter 1362, Acts of the 77th Legislature, |
|
Regular Session, 2001; |
|
(41) Section 8, Chapter 521, Acts of the 81st |
|
Legislature, Regular Session, 2009; |
|
(42) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11, |
|
Chapter 1387, Acts of the 77th Legislature, Regular Session, 2001; |
|
(43) Chapter 1343, Acts of the 77th Legislature, |
|
Regular Session, 2001; |
|
(44) Part 14, Article 3, Chapter 966, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(45) Article 3, Chapter 1307, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(46) Part 15, Article 3, Chapter 966, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(47) Article 4, Chapter 1307, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(48) Chapter 1028, Acts of the 73rd Legislature, |
|
Regular Session, 1993; |
|
(49) Section 7, Chapter 38, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(50) Chapter 384, Acts of the 78th Legislature, |
|
Regular Session, 2003; |
|
(51) Chapter 1473, Acts of the 77th Legislature, |
|
Regular Session, 2001; |
|
(52) Section 3, Chapter 858, Acts of the 79th |
|
Legislature, Regular Session, 2005; |
|
(53) Section 3, Chapter 1088, Acts of the 79th |
|
Legislature, Regular Session, 2005; |
|
(54) Sections 1, 2, 3(b), 4, 5, 6, 7, 8, 9, 10, 11, 12, |
|
13, 14, 15, 16, 17, 18, 19, and 20, Chapter 1312, Acts of the 77th |
|
Legislature, Regular Session, 2001; |
|
(55) Section 2, Chapter 1322, Acts of the 79th |
|
Legislature, Regular Session, 2005; |
|
(56) Sections 3 and 4, Chapter 381, Acts of the 81st |
|
Legislature, Regular Session, 2009; |
|
(57) Sections 1, 3, 4, 5, 5a, 6, 7, 8, 9, 10, 11, 12, |
|
13, 14, and 15, Chapter 18, Acts of the 55th Legislature, 1st Called |
|
Session, 1957; |
|
(58) Section 5, Chapter 300, Acts of the 57th |
|
Legislature, Regular Session, 1961; |
|
(59) Section 2, Chapter 1056, Acts of the 68th |
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Legislature, Regular Session, 1983; |
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(60) Sections 2, 2A, 3, 4, 4(a), and 5, Chapter 286, |
|
Acts of the 54th Legislature, Regular Session, 1955; |
|
(61) Section 2, Chapter 143, Acts of the 55th |
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Legislature, Regular Session, 1957; |
|
(62) Chapter 418, Acts of the 52nd Legislature, |
|
Regular Session, 1951; |
|
(63) Section 2, Chapter 186, Acts of the 58th |
|
Legislature, Regular Session, 1963; |
|
(64) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 261, Acts |
|
of the 61st Legislature, Regular Session, 1969; |
|
(65) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, 17, 19, and 20, Chapter 101, Acts of the 58th |
|
Legislature, Regular Session, 1963; |
|
(66) Section 2, Chapter 786, Acts of the 65th |
|
Legislature, Regular Session, 1977; |
|
(67) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, 17, 18, 19, and 20, Chapter 17, Acts of the 56th |
|
Legislature, 1st Called Session, 1959; |
|
(68) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, |
|
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 598, Acts of |
|
the 59th Legislature, Regular Session, 1965; and |
|
(69) Chapter 36, Acts of the 64th Legislature, Regular |
|
Session, 1975. |
|
ARTICLE 4. GENERAL MATTERS |
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SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE. |
|
This Act is enacted under Section 43, Article III, Texas |
|
Constitution. This Act is intended as a codification only, and no |
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substantive change in the law is intended by this Act. This Act |
|
does not increase or decrease the territory of any special district |
|
of the state as those boundaries exist on the effective date of this |
|
Act. |
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SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS |
|
LAW. (a) The repeal of a law, including a validating law, by this |
|
Act does not remove, void, or otherwise affect in any manner a |
|
validation under the repealed law. The validation is preserved and |
|
continues to have the same effect that it would have if the law were |
|
not repealed. |
|
(b) Subsection (a) of this section does not diminish the |
|
saving provisions prescribed by Section 311.031, Government Code. |
|
SECTION 4.03. EFFECTIVE DATE. This Act takes effect April |
|
1, 2015. |