SECTION 1. Subtitle B, Title
6, Special District Local Laws Code, is amended by adding Chapter 6917 to
read as follows:
CHAPTER 6917. KAUFMAN
COUNTY FRESH WATER SUPPLY DISTRICT NO. 1-D
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 6917.001.
DEFINITIONS.
Sec. 6917.002. NATURE OF
DISTRICT.
Sec. 6917.003. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 6917.004.
APPLICABILITY OF OTHER LAW. Except as otherwise provided by this chapter,
the following laws apply to the district:
(1) Chapters 49, 51, and
53, Water Code;
(2) Chapters 372 and 375, Local Government
Code; and
(3) Chapter 257,
Transportation Code, and other general laws applicable to road districts
created under Section 52, Article III, Texas Constitution, to the extent
those provisions can apply to the district.
Sec. 6917.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. A
county in which the district is located or a municipality in whose
extraterritorial jurisdiction the district is located may not take any
action, including adopting an order, 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, drainage, or road systems.
SUBCHAPTER B. POWERS AND
DUTIES
Sec. 6917.051. 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, concreted, or paved
roads, or improvements in aid of or
incidental to those roads,
including:
(1) bridges;
(2) drainage;
(3) landscaping;
(4) lights, signs, and signals;
(5) public safety facilities;
(6) retaining walls; and
(7) pedestrian ways, sidewalks, and trails.
Sec. 6917.052. JOINT ROAD
PROJECTS.
Sec. 6917.053. EXEMPTION
FROM CERTAIN SUPERVISION AND APPROVAL REQUIREMENTS. (a) The district may
reimburse expenditures as provided by Sections 257.003(a) and (b),
Transportation Code, without the approval required by Section 257.003(c),
Transportation Code.
(b) The district may
reimburse expenditures for a project constructed or acquired under Section
6917.051 or 6917.052 without the approval required by Section 49.107(f),
Water Code.
(c) Sections 49.181 and
49.182, Water Code, and Section 375.208, Local Government Code, do not
apply to:
(1) a project authorized
by Section 6917.051 or 6917.052;
(2) bonds issued for a
project described by Subdivision (1);
(3) bonds issued by the district secured by assessment revenue;
or
(4) bonds issued under Chapters 372 and 375, Local Government
Code.
Sec. 6917.054. ROAD
CONTRACTS.
Sec. 6917.055. DIVISION
OF DISTRICT. (a) The district may be divided into two or more new
districts by election only if the
district:
(1) has no outstanding
bonded debt; and
(2) is not imposing ad
valorem taxes.
(b) The division procedure is prescribed by Sections 53.030
through 53.041, Water Code.
(c) A new district
created by the division of the district has
all the powers and duties of the district.
SUBCHAPTER C. GENERAL
FINANCIAL PROVISIONS
Sec. 6917.101.
ASSESSMENTS. (a) The district may impose an assessment on property in the
district to pay for an improvement project authorized
by Section 6917.051 or 6917.052 or an obligation described by
Section 6917.151 in the manner provided for:
(1) a district under
Subchapters A, E, and F, Chapter 375, Local Government Code; or
(2) a municipality or county under Subchapter A, Chapter 372,
Local Government Code.
(b) The district may
impose an assessment for any district operation and maintenance or
authorized improvement or supplemental service, including public safety
services, in the manner provided for:
(1) a district under
Subchapters A, E, and F, Chapter 375, Local Government Code; or
(2) a municipality or county under Subchapter A, Chapter 372,
Local Government Code.
(c) The district may not
impose an assessment on a municipality, county, or other political
subdivision.
Sec. 6917.102.
RESIDENTIAL PROPERTY NOT EXEMPT.
SUBCHAPTER D. BONDS
Sec. 6917.151. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) Subject to Subsections (c) and
(d), the district may issue bonds or other obligations to finance the
construction, maintenance, or operation of road projects authorized by
Section 6917.051 or 6917.052.
(b) The district may
issue by competitive bidding or negotiated sale bonds or other obligations
payable wholly or partly from ad valorem taxes, assessments, impact fees,
revenue, contract revenue, grants, or other district money, or any
combination of those sources, to pay for a
road project.
(c) The district may not
issue bonds or other obligations payable wholly or partly 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.
(d) 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 the real property in the
district.
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SECTION 1. Subtitle B, Title
6, Special District Local Laws Code, is amended by adding Chapter 6917 to
read as follows:
CHAPTER 6917. KAUFMAN
COUNTY FRESH WATER SUPPLY DISTRICT NO. 1-D
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 6917.001.
DEFINITIONS.
Sec. 6917.002. NATURE OF
DISTRICT.
Sec. 6917.003. FINDINGS
OF BENEFIT AND PUBLIC PURPOSE.
Sec. 6917.004.
APPLICABILITY OF OTHER LAW. Except as otherwise provided by this chapter,
the following laws apply to the district:
(1) Chapters 49, 51, and
53, Water Code;
(2) Chapter 375, Local
Government Code; and
(3) Chapter 257,
Transportation Code, and other general laws applicable to road districts
created under Section 52, Article III, Texas Constitution, to the extent
those provisions can apply to the district.
SUBCHAPTER B. POWERS AND
DUTIES
Sec. 6917.051. 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, concreted, or paved
roads, or improvements, including storm
drainage, in aid of those roads.
Sec. 6917.052. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in whose
corporate limits or extraterritorial jurisdiction the road project is
located.
(b) If a road project is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, the road project must meet
all applicable construction standards, subdivision requirements, and
regulations of each county in which the road project is located.
(c) If the state will maintain and operate the road, the Texas
Transportation Commission must approve the plans and specifications of the
road project.
Sec. 6917.053. JOINT ROAD
PROJECTS.
Sec. 6917.054. EXEMPTION
FROM CERTAIN SUPERVISION AND APPROVAL REQUIREMENTS. (a) The district may
reimburse expenditures as provided by Sections 257.003(a) and (b),
Transportation Code, without the approval required by Section 257.003(c),
Transportation Code.
(b) The district may
reimburse expenditures for a project constructed or acquired under Section
6917.051 or 6917.053 without the approval required by Section 49.107(f),
Water Code.
(c) Sections 49.181 and
49.182, Water Code, and Section 375.208, Local Government Code, do not
apply to:
(1) a project authorized
by Section 6917.051 or 6917.053; or
(2) bonds issued for a
project described by Subdivision (1).
Sec. 6917.055. ROAD
CONTRACTS.
Sec. 6917.056. 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
initial boundaries of the district.
(d) The board, 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 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) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by Chapter
49, Water Code.
(h) If the creation of the new district is confirmed, the new
district shall provide the election date and results to the Texas
Commission on Environmental Quality.
(i) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter approval
before the district may impose a maintenance tax or issue bonds payable
wholly or partly from ad valorem taxes.
SUBCHAPTER C. GENERAL
FINANCIAL PROVISIONS
Sec. 6917.101.
ASSESSMENTS. (a) The district may impose an assessment on property in the
district to pay for an improvement project or an obligation described by
Section 6917.151 in the manner provided for a district under Subchapters A,
E, and F, Chapter 375, Local Government Code.
(b) The district may
impose an assessment for any district operation and maintenance or
authorized improvement or supplemental service, including public safety
services, in the manner provided for a district under Subchapters A, E, and
F, Chapter 375, Local Government Code.
(c) The district may not
impose an assessment on a municipality, county, or other political
subdivision.
Sec. 6917.102.
RESIDENTIAL PROPERTY NOT EXEMPT.
SUBCHAPTER D. BONDS
Sec. 6917.151. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) Subject to Subsections (d) and
(e), the district may issue bonds or other obligations to finance the
construction, maintenance, or operation of road projects authorized by
Section 6917.051 or 6917.053.
(b) The district may
issue by competitive bidding or negotiated sale bonds or other obligations
payable wholly or partly from ad valorem taxes, assessments, impact fees,
revenue, contract revenue, grants, or other district money, or any
combination of those sources, to pay for an
improvement project.
(c) District bonds or other obligations issued to pay for a
joint utility or road project, in addition to the sources of district money
listed under Subsection (b), may be payable wholly or partly from contract
revenue from another district that is secured by ad valorem taxes imposed
by or other revenue from the other district.
(d) The district may not
issue bonds or other obligations payable wholly or partly 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.
(e) 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 the real property in the
district.
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