SECTION 1. Subtitle I, Title
6, Special District Local Laws Code, is amended by adding Chapter 9045 to
read as follows:
CHAPTER 9045. HIDALGO
COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 18
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 9045.001.
DEFINITION.
Sec. 9045.002. NATURE AND
PURPOSES OF DISTRICT.
SUBCHAPTER B. POWERS AND
DUTIES
Sec. 9045.051. GENERAL
POWERS AND DUTIES.
Sec. 9045.052. WATER
CONTROL AND IMPROVEMENT DISTRICT POWERS AND DUTIES. The district has the
powers and duties provided by the general law of this state, including
Chapters 49 and 51, Water Code, applicable to water control and improvement
districts created under Section 59, Article XVI, Texas Constitution,
including but not limited to the
power construct, participate in, own, maintain, and provide services
related to water conservation projects, lakes, reservoirs, canals, wells, roads, water, sewer, recycled water, and
related utility facilities.
Sec. 9045.053. AUTHORITY
FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the
district may design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a municipality
for operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage (i.e. lakes, reservoirs, canals,
underground drainage, water treatment systems, etc.) in aid of those roads.
Sec. 9045.054. ROAD
STANDARDS AND REQUIREMENTS.
Sec. 9045.055. DIVISION
OF DISTRICT. (a) The district may be divided into two or more new
districts only if the district:
(1) has no outstanding
bonded debt; and
(2) is not imposing ad
valorem taxes.
(b) This chapter applies
to any new district created by the division of the district, and a new
district has all the powers and duties of the district.
(c) Any new district
created by the division of the district may not, at the time the new
district is created, contain any land outside the district as of the
effective date of the Act enacting this chapter.
(d) The district's board
of directors, on its own motion or on receipt of a petition signed by the
owner or owners of a majority of the assessed value of the real property in
the district, may adopt an order dividing the district.
(e) An order dividing the
district must:
(1) name each new
district;
(2) include the metes and
bounds description of the territory of each new district;
(3) appoint temporary
directors serving staggered four-year terms for each new district; and
(4) provide for the
division of assets and liabilities between or among the new districts.
(f) On or before the 30th
day after the date of adoption of an order dividing the district, the
district shall file the order with the Texas Commission on Environmental
Quality and record the order in the real property records of each county in
which the district is located.
(g) A new district
created by the division of the district is not required to hold a
confirmation election.
(h) The consent of a
municipality or county is not required for the creation of any new district
under this section if the new district's creation complies with Subsection
(c).
(i) A new district
created by the division of the district must hold an election to obtain
voter approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
No
equivalent provision.
SUBCHAPTER C. BONDS AND
OTHER OBLIGATIONS
Sec. 9045.101. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS FOR ROAD PROJECTS. (a) The district
may issue bonds or other obligations payable wholly or partly from ad
valorem taxes, impact fees, revenue, contract payments, grants, or other
district money, or any combination of those sources, to pay for a project
authorized by Section 9045.053.
(b) The district may not
issue bonds payable from ad valorem taxes to finance a road project unless
the issuance is approved by a vote of a two-thirds majority of the district
voters voting at an election held for that purpose.
(c) At the time of
issuance, the total principal amount of bonds or other obligations issued
or incurred to finance road projects and payable from ad valorem taxes may
not exceed one-fourth of the assessed value of real property in the
district.
Sec. 9045.102. TAXES FOR
BONDS.
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SECTION 1. Subtitle I, Title
6, Special District Local Laws Code, is amended by adding Chapter 9067 to
read as follows:
CHAPTER 9067. HIDALGO
COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 18
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 9067.001.
DEFINITION.
Sec. 9067.002. NATURE AND
PURPOSES OF DISTRICT.
SUBCHAPTER B. POWERS AND
DUTIES
Sec. 9067.051. GENERAL
POWERS AND DUTIES.
Sec. 9067.052. WATER
CONTROL AND IMPROVEMENT DISTRICT POWERS AND DUTIES. The district has the
powers and duties provided by the general law of this state, including
Chapters 49 and 51, Water Code, applicable to water control and improvement
districts created under Section 59, Article XVI, Texas Constitution,
including the power to construct, participate in, own, maintain, and
provide services related to water conservation projects, lakes, reservoirs,
canals, and wells, and water, sewer, recycled water, and related utility
facilities.
Sec. 9067.053. AUTHORITY
FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the
district may design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, a municipality, or a public improvement district within a
municipality for operation and maintenance macadamized, graveled, or
paved roads, or improvements, including storm drainage, lakes, reservoirs,
canals, underground drainage, and water treatment systems, in aid of those
roads.
Sec. 9067.054. ROAD
STANDARDS AND REQUIREMENTS.
No
equivalent provision.
Sec. 9067.055.
PARTICIPATION IN WATER CONSERVATION PROJECTS. The district may participate
in the funding and construction of improvements related to water
conservation projects within the City of McAllen Tax Increment Reinvestment
Zone Number One. Those projects include the construction of lakes,
reservoirs, drainage facilities, recycled water facilities, constructed
wetlands and filtration systems, and related infrastructure. The district
may not engage in projects authorized by this section outside of the
boundaries of the district. The district may exercise the powers under this
section only in cooperation with a public improvement district located
within the boundaries of the City of McAllen Tax Increment Reinvestment
Zone Number One under an agreement between the district and the public
entity or improvement district.
SUBCHAPTER C. BONDS AND
OTHER OBLIGATIONS
Sec. 9067.101. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS FOR ROAD PROJECTS. (a) The district
may issue bonds or other obligations payable wholly or partly from ad
valorem taxes, impact fees, revenue, contract payments, grants, or other
district money, or any combination of those sources, to pay for a project
authorized by Section 9067.053 or 9067.055.
(b) The district may not
issue bonds payable from ad valorem taxes to finance a road project unless
the issuance is approved by a vote of a two-thirds majority of the district
voters voting at an election held for that purpose.
(c) At the time of
issuance, the total principal amount of bonds or other obligations issued
or incurred to finance road projects and payable from ad valorem taxes may
not exceed one-fourth of the assessed value of real property in the
district.
Sec. 9067.102. TAXES FOR
BONDS.
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