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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 water and wastewater special districts, including |
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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 5, Special District Local |
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Laws Code, is amended by adding Chapters 5009 and 5013 to read as |
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follows: |
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CHAPTER 5009. GALVESTON COUNTY NAVIGATION DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 5009.001. DEFINITIONS |
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Sec. 5009.002. NATURE OF DISTRICT |
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Sec. 5009.003. LEGISLATIVE FINDINGS |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 5009.051. LIMITATION ON POWERS AND DUTIES |
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SUBCHAPTER C. PROMOTION AND DEVELOPMENT FUND |
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Sec. 5009.101. ESTABLISHMENT OF FUND; DEPOSITS |
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Sec. 5009.102. USE OF FUND |
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Sec. 5009.103. CONTROL OF FUND |
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CHAPTER 5009. GALVESTON COUNTY NAVIGATION DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 5009.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the board of navigation and |
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canal commissioners of the district. |
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(2) "District" means the Galveston County Navigation |
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District No. 1. |
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(3) "Fund" means a promotion and development fund |
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created by the district. (New.) |
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Sec. 5009.002. NATURE OF DISTRICT. The district is created |
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under Section 59, Article XVI, Texas Constitution. (Acts 54th |
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Leg., R.S., Ch. 46, Sec. 4 (part).) |
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Sec. 5009.003. LEGISLATIVE FINDINGS. (a) All land and |
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other property in the district benefit from the creation of the |
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district, the carrying out of the purposes for which the district |
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was created, and the acquisition and construction of navigation |
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facilities and improvements to carry out those purposes. |
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(b) The district is necessary to carry out Section 59, |
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Article XVI, Texas Constitution. (Acts 54th Leg., R.S., Ch. 46, |
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Sec. 4 (part).) |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 5009.051. LIMITATION ON POWERS AND DUTIES. |
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Notwithstanding any other law, the district, the commission, or |
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officers of the district may not have any power or authority over |
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the appointment, remuneration, operations, or conduct of the branch |
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pilots of the Galveston Bar or the commission of pilots of the |
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Galveston Bar. (Acts 54th Leg., R.S., Ch. 46, Sec. 4 (part).) |
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SUBCHAPTER C. PROMOTION AND DEVELOPMENT FUND |
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Sec. 5009.101. ESTABLISHMENT OF FUND; DEPOSITS. (a) The |
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district may establish a promotion and development fund. |
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(b) The district, from time to time, may deposit in the fund |
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a portion of the district's accumulated money, plus an amount each |
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year not to exceed 10 percent of the district's total maintenance |
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and operation taxes, including delinquent taxes, received during a |
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fiscal year. |
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(c) The commission shall determine the amount to be |
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deposited in the fund. |
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(d) The money in the fund shall be kept separate from other |
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money and accounts of the district. (Acts 71st Leg., R.S., Ch. |
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1168, Secs. 1, 3(a).) |
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Sec. 5009.102. USE OF FUND. The fund may be used only for: |
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(1) the purposes described by Section 60.203, Water |
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Code; |
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(2) the public purposes of development and |
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diversification of the district's economy; and |
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(3) joint projects with other political subdivisions |
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or entities, including funding a program of an entity, to carry out |
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the purposes of Subchapter H, Chapter 60, Water Code. (Acts 71st |
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Leg., R.S., Ch. 1168, Sec. 2.) |
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Sec. 5009.103. CONTROL OF FUND. The fund is under the |
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exclusive control of the commission, and the commission has full |
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responsibility for auditing, approving, and safeguarding the |
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expenditure of money from the fund. (Acts 71st Leg., R.S., Ch. |
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1168, Sec. 3(b).) |
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CHAPTER 5013. PORT OF HARLINGEN AUTHORITY |
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Sec. 5013.001. DEFINITION |
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Sec. 5013.002. FORMER NAME OF AUTHORITY |
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Sec. 5013.003. GOVERNING BODY |
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CHAPTER 5013. PORT OF HARLINGEN AUTHORITY |
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Sec. 5013.001. DEFINITION. In this chapter, "authority" |
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means the Port of Harlingen Authority. (Acts 68th Leg., R.S., Ch. |
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21, Sec. 1(a); New.) |
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Sec. 5013.002. FORMER NAME OF AUTHORITY. Before April 13, |
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1983, the authority was known as the Arroyo Colorado Navigation |
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District of Cameron and Willacy Counties. (Acts 68th Leg., R.S., |
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Ch. 21, Sec. 1(a); New.) |
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Sec. 5013.003. GOVERNING BODY. The navigation and canal |
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commission of the authority is called the port commission and is |
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composed of port commissioners. (Acts 68th Leg., R.S., Ch. 21, Sec. |
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1(b); New.) |
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SECTION 1.02. Subtitle B, Title 6, Special District Local |
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Laws Code, is amended by adding Chapter 6913 to read as follows: |
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CHAPTER 6913. HASKELL COUNTY WATER SUPPLY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 6913.001. DEFINITIONS |
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Sec. 6913.002. NATURE OF DISTRICT |
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Sec. 6913.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
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SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT |
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TERRITORY |
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Sec. 6913.051. DISTRICT TERRITORY |
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Sec. 6913.052. ANNEXATION OF TERRITORY IN HASKELL |
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COUNTY |
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Sec. 6913.053. PETITION FOR ANNEXATION; BOARD |
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DETERMINATION AND RESOLUTION |
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Sec. 6913.054. COMMISSIONERS COURT RESOLUTION; SETTING |
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ANNEXATION HEARING |
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Sec. 6913.055. NOTICE OF ANNEXATION HEARING |
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Sec. 6913.056. ANNEXATION HEARING |
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Sec. 6913.057. ANNEXATION FINDINGS AND RESOLUTION; |
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ELECTION PROPOSITIONS |
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Sec. 6913.058. NOTICE OF ANNEXATION ELECTION |
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Sec. 6913.059. ANNEXATION ELECTION RESULTS |
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Sec. 6913.060. ASSUMPTION OF DEBT; TAXES |
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Sec. 6913.061. RESTRICTION ON ANNEXATION OF RAILROAD |
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RIGHT-OF-WAY OR UTILITY PROPERTY |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec. 6913.101. DIRECTORS |
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Sec. 6913.102. QUALIFICATIONS FOR OFFICE |
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Sec. 6913.103. NOTICE OF DIRECTORS' ELECTION |
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Sec. 6913.104. OFFICERS |
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Sec. 6913.105. VOTE BY BOARD PRESIDENT |
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Sec. 6913.106. ABSENCE OR INACTION OF BOARD PRESIDENT |
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Sec. 6913.107. DIRECTOR AND TREASURER BONDS |
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Sec. 6913.108. COMPENSATION OF DIRECTORS |
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SUBCHAPTER D. POWERS AND DUTIES |
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Sec. 6913.151. ACQUISITION OF WATER OR WATER RIGHTS |
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Sec. 6913.152. CONSTRUCTION OR ACQUISITION OF PROPERTY |
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Sec. 6913.153. EMINENT DOMAIN |
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Sec. 6913.154. COST OF RELOCATING OR ALTERING PROPERTY |
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Sec. 6913.155. CONSTRUCTION AND PURCHASING CONTRACTS |
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Sec. 6913.156. CONTRACTS RELATED TO WATER SUPPLY AND |
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FACILITIES |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 6913.201. DEPOSITORY |
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Sec. 6913.202. PROJECTS EXEMPT FROM ASSESSMENT OR |
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TAXATION |
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Sec. 6913.203. TAX ASSESSOR AND COLLECTOR |
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SUBCHAPTER F. BONDS |
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Sec. 6913.251. AUTHORITY TO ISSUE BONDS |
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Sec. 6913.252. FORM OF BONDS |
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Sec. 6913.253. MATURITY |
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Sec. 6913.254. BONDS PAYABLE FROM REVENUE |
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Sec. 6913.255. BONDS PAYABLE FROM AD VALOREM TAXES |
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Sec. 6913.256. ELECTION FOR BONDS PAYABLE FROM AD |
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VALOREM TAXES |
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Sec. 6913.257. TAX AND COMPENSATION RATES |
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Sec. 6913.258. ADDITIONAL SECURITY |
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Sec. 6913.259. USE OF BOND PROCEEDS |
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Sec. 6913.260. APPOINTMENT OF RECEIVER |
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Sec. 6913.261. REFUNDING BONDS |
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Sec. 6913.262. BONDS EXEMPT FROM TAXATION |
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CHAPTER 6913. HASKELL COUNTY WATER SUPPLY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 6913.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commissioners court" means the Haskell County |
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Commissioners Court. |
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(3) "Director" means a board member. |
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(4) "District" means the Haskell County Water Supply |
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District. (Acts 54th Leg., R.S., Ch. 141, Sec. 1 (part); New.) |
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Sec. 6913.002. NATURE OF DISTRICT. The district is created |
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under Section 59, Article XVI, Texas Constitution. (Acts 54th |
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Leg., R.S., Ch. 141, Sec. 1 (part).) |
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Sec. 6913.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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All land in the district will benefit from the improvements to be |
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acquired and constructed by the district. |
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(b) Because the accomplishment of the purposes stated in |
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this chapter is for the benefit of the people of this state and for |
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the improvement of their property and industries, the district in |
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carrying out the purposes of this chapter performs an essential |
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public function under the Texas Constitution. (Acts 54th Leg., |
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R.S., Ch. 141, Secs. 2 (part), 19 (part).) |
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SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT |
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TERRITORY |
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Sec. 6913.051. DISTRICT TERRITORY. The district is |
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composed of the territory described by Section 2, Chapter 141, Acts |
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of the 54th Legislature, Regular Session, 1955, as that territory |
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may have been modified under: |
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(1) Subchapter J, Chapter 49, Water Code; |
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(2) this subchapter or its predecessor statute, former |
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Section 5, Chapter 141, Acts of the 54th Legislature, Regular |
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Session, 1955; or |
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(3) other law. (Acts 54th Leg., R.S., Ch. 141, Sec. 2 |
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(part); New.) |
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Sec. 6913.052. ANNEXATION OF TERRITORY IN HASKELL COUNTY. |
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Territory in Haskell County, whether the territory is contiguous to |
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the district or not, may be annexed to the district as provided by |
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this subchapter. (Acts 54th Leg., R.S., Ch. 141, Sec. 5 (part).) |
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Sec. 6913.053. PETITION FOR ANNEXATION; BOARD |
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DETERMINATION AND RESOLUTION. (a) Territory may be annexed to the |
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district under this subchapter if a petition requesting annexation |
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is filed with the board. |
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(b) The petition must: |
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(1) be signed by: |
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(A) 50 registered voters of the territory |
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proposed to be annexed who own taxable property in that territory; |
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or |
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(B) a majority of the registered voters of that |
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territory who own taxable property in that territory; and |
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(2) describe the territory proposed to be annexed by |
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metes and bounds. |
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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 district's |
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interest, and that the district will be able to supply water to the |
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proposed territory, the board shall: |
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(1) adopt a resolution requesting that the |
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commissioners court annex the territory to the district and stating |
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any conditions for annexation of the territory; and |
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(2) deliver a certified copy of the resolution and of |
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the petition to the commissioners court. (Acts 54th Leg., R.S., Ch. |
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141, Secs. 5(a), (b).) |
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Sec. 6913.054. COMMISSIONERS COURT RESOLUTION; SETTING |
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ANNEXATION HEARING. On receipt of a board resolution and petition |
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under this subchapter, the commissioners court shall: |
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(1) adopt a resolution that declares the court's |
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intention to call an election in the proposed territory on the |
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proposition of whether to annex the territory to the 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 proposed territory will benefit from the |
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improvements, works, and facilities then owned or operated or |
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contemplated to be owned or operated by the district. (Acts 54th |
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Leg., R.S., Ch. 141, Sec. 5(c).) |
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Sec. 6913.055. NOTICE OF ANNEXATION HEARING. (a) Not later |
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than the 10th day before the date of the annexation hearing, notice |
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of the resolution adopted under Section 6913.054 shall be published |
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one time in a newspaper designated by the commissioners court, |
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except as provided by Subsection (c). |
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(b) The notice must: |
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(1) be addressed to the citizens and owners of |
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property in the proposed territory; |
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(2) state the time and place of the annexation |
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hearing; and |
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(3) describe the proposed territory in the same manner |
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as Section 6913.053(b) requires. |
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(c) If a newspaper is not published in the proposed |
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territory, the notice shall be posted in three public places in the |
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proposed territory. (Acts 54th Leg., R.S., Ch. 141, Secs. 5(d), |
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(k).) |
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Sec. 6913.056. ANNEXATION HEARING. (a) The annexation |
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hearing may proceed in the order and under the rules prescribed by |
|
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the commissioners court, and the court may recess the hearing. |
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(b) Any interested person may appear at the annexation |
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hearing and offer evidence for or against the proposed annexation. |
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(Acts 54th Leg., R.S., Ch. 141, Sec. 5(e) (part).) |
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Sec. 6913.057. ANNEXATION FINDINGS AND RESOLUTION; |
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ELECTION PROPOSITIONS. (a) At the conclusion of the annexation |
|
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hearing, if the commissioners court finds that all the proposed |
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territory will benefit from the present or contemplated |
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improvements, works, or facilities of the district, the |
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commissioners court shall adopt a resolution that: |
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(1) calls an election in the proposed territory; and |
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(2) states the date of the election and the place or |
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places of holding the election. |
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(b) In calling an election on the proposition for annexation |
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of the proposed territory, the commissioners court may include in |
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the same proposition a proposition 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. (Acts 54th Leg., R.S., Ch. 141, Secs. |
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5(e) (part), (i).) |
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Sec. 6913.058. NOTICE OF ANNEXATION ELECTION. (a) Not |
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later than the 10th day before the date set for the election, notice |
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of the election shall be published one time in a newspaper |
|
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designated by the commissioners court, except as provided by |
|
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Subsection (c). |
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(b) In addition to the requirements of Section 4.004, |
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Election Code, notice of the annexation election must: |
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(1) state the conditions under which the proposed |
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territory may be annexed; or |
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(2) refer to the resolution of the board for that |
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purpose. |
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(c) If a newspaper is not published in the proposed |
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territory, the notice shall be posted in three public places in the |
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territory. (Acts 54th Leg., R.S., Ch. 141, Secs. 5(f) (part), (k).) |
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Sec. 6913.059. ANNEXATION ELECTION RESULTS. (a) The |
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commissioners court shall issue an order declaring the results of |
|
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the annexation election. |
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(b) If the order shows that a majority of the votes cast are |
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in favor of annexation, the commissioners court shall annex the |
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proposed territory to the district. The annexation is |
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incontestable except in the time for contesting elections under the |
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Election Code. |
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(c) A certified copy of the order shall be recorded in the |
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deed records of Haskell County. (Acts 54th Leg., R.S., Ch. 141, |
|
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Sec. 5(h) (part).) |
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Sec. 6913.060. ASSUMPTION OF DEBT; TAXES. (a) After |
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territory is annexed to the district, the board may order an |
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election in the district as enlarged to determine whether the |
|
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district as enlarged shall assume any tax-supported bonds then |
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outstanding and those previously voted but not yet sold and impose |
|
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an ad valorem tax on all taxable property in the district as |
|
|
enlarged to pay the bonds, unless the proposition is voted along |
|
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with the annexation election and becomes binding on the territory |
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annexed. |
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(b) An election ordered under Subsection (a) shall be held |
|
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in the same manner as an election under this chapter for the |
|
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issuance of bonds. (Acts 54th Leg., R.S., Ch. 141, Sec. 5(j).) |
|
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Sec. 6913.061. RESTRICTION ON ANNEXATION OF RAILROAD |
|
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RIGHT-OF-WAY OR UTILITY PROPERTY. A railroad right-of-way or a |
|
|
transmission line or another item of property of an electric or gas |
|
|
utility that is not located inside the limits of a municipality will |
|
|
not benefit from improvements, works, or facilities the district is |
|
|
authorized to construct. Therefore, a railroad right-of-way or a |
|
|
transmission line or another item of property of an electric or gas |
|
|
utility may not be annexed to the district unless the right-of-way |
|
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or property is located inside the limits of a municipality annexed |
|
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to the district. (Acts 54th Leg., R.S., Ch. 141, Sec. 5(e) (part).) |
|
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SUBCHAPTER C. BOARD OF DIRECTORS |
|
|
Sec. 6913.101. DIRECTORS. The district is governed by a |
|
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board of five elected directors. (Acts 54th Leg., R.S., Ch. 141, |
|
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Secs. 3(a) (part), (c) (part).) |
|
|
Sec. 6913.102. QUALIFICATIONS FOR OFFICE. (a) A person may |
|
|
not be appointed a director unless the person resides in and owns |
|
|
taxable property in the district. |
|
|
(b) A member of a municipality's governing body or an |
|
|
employee of a municipality may not be a director. (Acts 54th Leg., |
|
|
R.S., Ch. 141, Sec. 3(a) (part).) |
|
|
Sec. 6913.103. NOTICE OF DIRECTORS' ELECTION. Notice of a |
|
|
directors' election shall be published once in a newspaper |
|
|
published in Haskell County not later than the 10th day before the |
|
|
date of the election. (Acts 54th Leg., R.S., Ch. 141, Secs. 3(b) |
|
|
(part), (c) (part).) |
|
|
Sec. 6913.104. OFFICERS. (a) The board shall elect from |
|
|
the board's membership a president, a vice president, and any other |
|
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officers that the board determines are necessary. |
|
|
(b) The board shall appoint a secretary and a treasurer, who |
|
|
are not required to be directors. The board may combine the offices |
|
|
of secretary and treasurer. (Acts 54th Leg., R.S., Ch. 141, Sec. 4 |
|
|
(part).) |
|
|
Sec. 6913.105. VOTE BY BOARD PRESIDENT. The president has |
|
|
the same right to vote as any other director. (Acts 54th Leg., |
|
|
R.S., Ch. 141, Sec. 4 (part).) |
|
|
Sec. 6913.106. 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 |
|
|
powers this chapter gives the president. (Acts 54th Leg., R.S., |
|
|
Ch. 141, Sec. 4 (part).) |
|
|
Sec. 6913.107. DIRECTOR AND TREASURER BONDS. (a) Each |
|
|
director shall give bond in the amount of $5,000 conditioned on the |
|
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faithful performance of the director's duties. |
|
|
(b) The treasurer shall give bond in the amount required by |
|
|
the board. The treasurer's bond shall be conditioned on the |
|
|
treasurer's faithful accounting for all money that comes into the |
|
|
treasurer's custody as treasurer of the district. (Acts 54th Leg., |
|
|
R.S., Ch. 141, Secs. 3(a) (part), 4 (part).) |
|
|
Sec. 6913.108. COMPENSATION OF DIRECTORS. (a) Each |
|
|
director: |
|
|
(1) shall receive a fee not to exceed $5 for attending |
|
|
each board meeting; and |
|
|
(2) is also entitled to receive $5 for each day devoted |
|
|
to the business of the district if the service is expressly approved |
|
|
by the board. |
|
|
(b) In all areas of conflict with Subsection (a) of this |
|
|
section, Section 49.060, Water Code, takes precedence. |
|
|
(c) A director's compensation may be increased as |
|
|
authorized by Section 49.060, Water Code, by resolution adopted by |
|
|
the board in accordance with Subsection (e) of that section on or |
|
|
after September 1, 1995. (Acts 54th Leg., R.S., Ch. 141, Sec. 3(e) |
|
|
(part); New.) |
|
|
SUBCHAPTER D. POWERS AND DUTIES |
|
|
Sec. 6913.151. ACQUISITION OF WATER OR WATER RIGHTS. (a) |
|
|
The district may acquire a groundwater or surface water supply. |
|
|
(b) The district may acquire water appropriation permits |
|
|
directly from the Texas Commission on Environmental Quality or from |
|
|
permit owners. |
|
|
(c) The district may purchase water or a water supply from |
|
|
any person. (Acts 54th Leg., R.S., Ch. 141, Secs. 6 (part); 16.) |
|
|
Sec. 6913.152. CONSTRUCTION OR ACQUISITION OF PROPERTY. |
|
|
The district may construct or otherwise acquire all works, plants, |
|
|
and other facilities necessary or useful for the purpose of |
|
|
processing groundwater or surface water and transporting the water |
|
|
to any person for municipal, domestic, and industrial purposes. |
|
|
(Acts 54th Leg., R.S., Ch. 141, Sec. 6 (part).) |
|
|
Sec. 6913.153. EMINENT DOMAIN. (a) To carry out a power |
|
|
provided by this chapter, the district may exercise the power of |
|
|
eminent domain to acquire land and easements inside or outside the |
|
|
district in Haskell County. |
|
|
(b) The district must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code. |
|
|
(c) The board shall determine the amount and the type of |
|
|
interest in land and easements to be acquired under this section. |
|
|
(d) The district's authority under this section to exercise |
|
|
the power of eminent domain expired on September 1, 2013, unless the |
|
|
district submitted a letter to the comptroller in accordance with |
|
|
Section 2206.101(b), Government Code, not later than December 31, |
|
|
2012. (Acts 54th Leg., R.S., Ch. 141, Sec. 7 (part); New.) |
|
|
Sec. 6913.154. 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 relocating, raising, rerouting, changing the grade of, or |
|
|
altering the construction of a highway, railroad, electric |
|
|
transmission line, telephone or telegraph property or facility, or |
|
|
pipeline, the necessary action shall be accomplished at the sole |
|
|
expense of the district. (Acts 54th Leg., R.S., Ch. 141, Sec. 7 |
|
|
(part).) |
|
|
Sec. 6913.155. CONSTRUCTION AND PURCHASING CONTRACTS. A |
|
|
construction contract or contract for the purchase of materials, |
|
|
equipment, or supplies is governed by Chapter 49 or 51, Water Code. |
|
|
(Acts 54th Leg., R.S., Ch. 141, Sec. 8.) |
|
|
Sec. 6913.156. CONTRACTS RELATED TO WATER SUPPLY AND |
|
|
FACILITIES. (a) The district may contract with any person to |
|
|
supply water to the person. |
|
|
(b) The district may contract with a municipality for the |
|
|
rental or leasing of or for the operation of the municipality's |
|
|
water production, supply, or distribution facilities. |
|
|
(c) The contract may provide that the contract continues in |
|
|
effect until bonds specified in the contract and refunding bonds |
|
|
issued in lieu of the bonds are paid. (Acts 54th Leg., R.S., Ch. |
|
|
141, Sec. 14.) |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 6913.201. DEPOSITORY. (a) Except as provided by |
|
|
Subsection (i), the board shall designate one or more banks in |
|
|
Haskell County to serve as depository for the district's money. |
|
|
(b) District money shall be deposited with a designated |
|
|
depository bank or banks, except that: |
|
|
(1) money pledged to pay bonds may be deposited with |
|
|
the trustee bank named in the trust agreement; and |
|
|
(2) money shall be remitted to the bank of payment for |
|
|
the payment of principal of and interest on bonds. |
|
|
(c) To the extent that money in a depository bank or a |
|
|
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 county funds. |
|
|
(d) The board shall prescribe the terms of service for |
|
|
depositories. |
|
|
(e) Before designating a depository bank, the board shall |
|
|
issue a notice to each bank in Haskell County that: |
|
|
(1) states the time and place at which the board will |
|
|
meet to designate a depository bank or banks; and |
|
|
(2) invites the banks to submit an application to be |
|
|
designated as a depository. |
|
|
(f) The notice described by Subsection (e) must be mailed or |
|
|
delivered not later than the 10th day before the date fixed for the |
|
|
submission of applications. |
|
|
(g) At the time stated in the notice, the board shall: |
|
|
(1) consider the application and the management and |
|
|
condition of each bank that applies; and |
|
|
(2) designate as a depository the bank or banks that: |
|
|
(A) offer the most favorable terms for handling |
|
|
the money; and |
|
|
(B) the board finds have proper management and |
|
|
are in condition to handle the money. |
|
|
(h) Membership on the board of an officer or director of a |
|
|
bank does not disqualify the bank from being designated as a |
|
|
depository. |
|
|
(i) If the board does not receive any applications before |
|
|
the time stated in the notice, or if the board rejects all |
|
|
applications, the board shall designate one or more banks located |
|
|
inside or outside the county on terms that the board finds |
|
|
advantageous to the district. (Acts 54th Leg., R.S., Ch. 141, Sec. |
|
|
15.) |
|
|
Sec. 6913.202. 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 54th Leg., R.S., Ch. 141, Sec. 19 |
|
|
(part).) |
|
|
Sec. 6913.203. TAX ASSESSOR AND COLLECTOR. Before the sale |
|
|
and delivery of district bonds payable wholly or partly from ad |
|
|
valorem taxes, the board shall appoint a tax assessor and |
|
|
collector. (Acts 54th Leg., R.S., Ch. 141, Sec. 20(b) (part).) |
|
|
SUBCHAPTER F. BONDS |
|
|
Sec. 6913.251. AUTHORITY TO ISSUE BONDS. (a) The district |
|
|
may issue bonds to carry out any power conferred by this chapter, |
|
|
including the power to provide a source of water supply for any |
|
|
person for municipal, domestic, or industrial purposes. |
|
|
(b) The bonds must be authorized by a board resolution. |
|
|
(Acts 54th Leg., R.S., Ch. 141, Secs. 9(a) (part), (b) (part), (e) |
|
|
(part).) |
|
|
Sec. 6913.252. 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 54th Leg., R.S., |
|
|
Ch. 141, Sec. 9(b) (part).) |
|
|
Sec. 6913.253. MATURITY. District bonds must mature not |
|
|
later than 40 years after the date of their issuance. (Acts 54th |
|
|
Leg., R.S., Ch. 141, Sec. 9(b) (part).) |
|
|
Sec. 6913.254. BONDS PAYABLE FROM REVENUE. (a) In this |
|
|
section, "net revenue" means the district's gross revenue, other |
|
|
than taxation, minus the amount necessary to pay the cost of |
|
|
maintaining and operating the district and its property. |
|
|
(b) District bonds may be secured as described by a board |
|
|
resolution by a pledge of: |
|
|
(1) all or part of the district's net revenue; |
|
|
(2) the net revenue of a contract made at any time; or |
|
|
(3) other revenue specified by board resolution. |
|
|
(c) The pledge may reserve the right to issue additional |
|
|
bonds on a parity with or subordinate to the bonds being issued, |
|
|
subject to conditions specified by the pledge. |
|
|
(d) District bonds not payable wholly or partly from ad |
|
|
valorem taxes may be issued without an election. (Acts 54th Leg., |
|
|
R.S., Ch. 141, Secs. 9(a) (part), (d), 12(a) (part).) |
|
|
Sec. 6913.255. BONDS PAYABLE FROM AD VALOREM TAXES. The |
|
|
district may issue bonds: |
|
|
(1) payable from ad valorem taxes imposed on taxable |
|
|
property in the district; or |
|
|
(2) secured by and payable from: |
|
|
(A) taxes described by Subdivision (1); and |
|
|
(B) revenue of the district. (Acts 54th Leg., |
|
|
R.S., Ch. 141, Sec. 9(e) (part).) |
|
|
Sec. 6913.256. ELECTION FOR BONDS PAYABLE FROM AD VALOREM |
|
|
TAXES. (a) District bonds, other than refunding bonds, payable |
|
|
wholly or partly from ad valorem taxes may not be issued unless |
|
|
authorized by a district election at which a majority of the votes |
|
|
cast favor the bond issuance. |
|
|
(b) The board may order an election under this section |
|
|
without a petition. The order must specify: |
|
|
(1) the time and places at which the election will be |
|
|
held; |
|
|
(2) the purpose for which the bonds will be issued; |
|
|
(3) the maximum amount of the bonds; |
|
|
(4) the maximum maturity of the bonds; |
|
|
(5) the form of the ballot; and |
|
|
(6) the presiding judge for each voting place. |
|
|
(c) Notice of the election must be given by publishing a |
|
|
substantial copy of the order calling the election in a newspaper |
|
|
published in Haskell County that is circulated in the district for |
|
|
two consecutive weeks. The first publication must be not later than |
|
|
the 15th day before the date of the election. (Acts 54th Leg., |
|
|
R.S., Ch. 141, Secs. 12(a) (part), (b).) |
|
|
Sec. 6913.257. TAX AND COMPENSATION RATES. (a) If the |
|
|
district issues bonds payable wholly or partly from ad valorem |
|
|
taxes, the district shall impose a tax sufficient to pay the bonds |
|
|
and the interest on the bonds as the bonds and interest become due. |
|
|
The board may adopt the rate of the tax for any year after |
|
|
considering the money received from pledged revenue available for |
|
|
payment of principal and interest to the extent and in the manner |
|
|
permitted by the resolution authorizing the issuance of the bonds. |
|
|
(b) If the district issues bonds payable wholly or partly |
|
|
from revenue, the board shall set and revise the rates of |
|
|
compensation for water sold and services rendered by the district. |
|
|
(c) For bonds payable wholly from revenue, the rates of |
|
|
compensation must be sufficient to: |
|
|
(1) pay the expense of operating and maintaining the |
|
|
facilities of the district; |
|
|
(2) pay the bonds as they mature and the interest as it |
|
|
accrues; and |
|
|
(3) maintain the reserve and other funds as provided |
|
|
by the resolution authorizing the issuance of the bonds. |
|
|
(d) For bonds payable partly from revenue, the rates of |
|
|
compensation must be sufficient to assure compliance with the |
|
|
resolution authorizing the issuance of the bonds. (Acts 54th Leg., |
|
|
R.S., Ch. 141, Secs. 9(e) (part), (f).) |
|
|
Sec. 6913.258. ADDITIONAL SECURITY. (a) District bonds, |
|
|
including refunding bonds, that are not payable wholly from ad |
|
|
valorem taxes may be additionally secured by a deed of trust lien on |
|
|
physical property of the district and all franchises, easements, |
|
|
water rights and appropriation permits, leases, contracts, and all |
|
|
rights appurtenant to the property, vesting in the trustee power |
|
|
to: |
|
|
(1) sell the property for payment of the debt; |
|
|
(2) operate the property; and |
|
|
(3) take other action to further secure the bonds. |
|
|
(b) The deed of trust may: |
|
|
(1) contain any provision the board prescribes to |
|
|
secure the bonds and preserve the trust estate; |
|
|
(2) provide for amendment or modification of the deed |
|
|
of trust; and |
|
|
(3) provide for the issuance of bonds to replace lost |
|
|
or mutilated bonds. |
|
|
(c) A purchaser under a sale under the deed of trust is: |
|
|
(1) the owner of the dam or dams and the other property |
|
|
and facilities purchased; and |
|
|
(2) entitled to maintain and operate the property and |
|
|
facilities. (Acts 54th Leg., R.S., Ch. 141, Sec. 11.) |
|
|
Sec. 6913.259. USE OF BOND PROCEEDS. (a) The district may |
|
|
set aside an amount of proceeds from the sale of district bonds for |
|
|
the payment of interest expected to accrue during construction and |
|
|
for one year after construction in a reserve interest and sinking |
|
|
fund. The resolution authorizing the bonds may provide for setting |
|
|
aside and using the proceeds as provided by this subsection. |
|
|
(b) The district may use proceeds from the sale of the bonds |
|
|
to pay any expense necessarily incurred in accomplishing the |
|
|
purposes of the district. (Acts 54th Leg., R.S., Ch. 141, Sec. |
|
|
9(g).) |
|
|
Sec. 6913.260. APPOINTMENT OF RECEIVER. (a) On default or |
|
|
threatened default in the payment of principal of or interest on |
|
|
district bonds that are payable wholly or partly from revenue, a |
|
|
court may appoint a receiver for the district on petition of the |
|
|
holders of 25 percent of the outstanding bonds of the issue in |
|
|
default or threatened with default. |
|
|
(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 district's proprietary affairs |
|
|
without the consent of 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 |
|
|
54th Leg., R.S., Ch. 141, Sec. 9(h).) |
|
|
Sec. 6913.261. 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. |
|
|
(c) The provisions of this subchapter regarding the |
|
|
issuance of other bonds 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 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 54th |
|
|
Leg., R.S., Ch. 141, Sec. 10.) |
|
|
Sec. 6913.262. BONDS EXEMPT FROM TAXATION. District bonds, |
|
|
the transfer of district bonds, and income from district bonds, |
|
|
including profits made on the sale of district bonds, are exempt |
|
|
from taxation in this state. (Acts 54th Leg., R.S., Ch. 141, Sec. |
|
|
19 (part).) |
|
|
SECTION 1.03. Subtitle E, Title 6, Special District Local |
|
|
Laws Code, is amended by adding Chapter 7811 to read as follows: |
|
|
CHAPTER 7811. DALLAS COUNTY FLOOD CONTROL DISTRICT NO. 1 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 7811.001. DEFINITIONS |
|
|
Sec. 7811.002. NATURE OF DISTRICT |
|
|
Sec. 7811.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 7811.004. DISTRICT TERRITORY |
|
|
Sec. 7811.005. ANNEXATION OF LAND |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 7811.051. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 7811.052. ELIGIBILITY FOR OFFICE |
|
|
Sec. 7811.053. DIRECTOR'S BOND |
|
|
Sec. 7811.054. BOARD VACANCY |
|
|
Sec. 7811.055. BOARD PRESIDENT; ABSENCE OF BOARD |
|
|
PRESIDENT |
|
|
Sec. 7811.056. SECRETARY'S DUTIES |
|
|
Sec. 7811.057. TREASURER |
|
|
Sec. 7811.058. COMPENSATION OF DIRECTORS |
|
|
Sec. 7811.059. VOTE REQUIRED FOR OFFICIAL BOARD ACTION |
|
|
Sec. 7811.060. DESIGNATION OF DIRECTOR TO ACT ON |
|
|
DISTRICT'S BEHALF |
|
|
Sec. 7811.061. DISTRICT OFFICE |
|
|
Sec. 7811.062. RECORDS |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 7811.101. GENERAL POWERS AND DUTIES |
|
|
Sec. 7811.102. EMINENT DOMAIN |
|
|
Sec. 7811.103. COST OF RELOCATING OR ALTERING PROPERTY |
|
|
Sec. 7811.104. CONTRACTS FOR FACILITIES AND |
|
|
IMPROVEMENTS; ELECTION NOT REQUIRED |
|
|
Sec. 7811.105. PROHIBITED FUNCTIONS |
|
|
Sec. 7811.106. STANDARDS FOR ROAD, STREET, OR UTILITY |
|
|
CONSTRUCTION |
|
|
Sec. 7811.107. APPROVAL OF RECLAMATION PLAN, |
|
|
AMENDMENT, OR PROJECT |
|
|
SUBCHAPTER D. TAX ABATEMENT IN REINVESTMENT ZONE |
|
|
Sec. 7811.151. DESIGNATION OF REINVESTMENT ZONE |
|
|
Sec. 7811.152. CRITERIA FOR REINVESTMENT ZONE |
|
|
Sec. 7811.153. EXPIRATION OF REINVESTMENT ZONE |
|
|
Sec. 7811.154. TAX ABATEMENT AGREEMENT |
|
|
Sec. 7811.155. TAX ABATEMENT AGREEMENT: CERTIFICATED |
|
|
AIR CARRIER |
|
|
Sec. 7811.156. TAX ABATEMENT AGREEMENT REQUIREMENTS |
|
|
Sec. 7811.157. NOTICE OF TAX ABATEMENT AGREEMENT TO |
|
|
OTHER TAXING UNITS |
|
|
Sec. 7811.158. MODIFICATION OR TERMINATION OF TAX |
|
|
ABATEMENT AGREEMENT |
|
|
Sec. 7811.159. REGISTRY OF REINVESTMENT ZONES AND TAX |
|
|
ABATEMENT AGREEMENTS; ASSISTANCE TO |
|
|
DISTRICT |
|
|
Sec. 7811.160. PROPERTIES THAT MAY BE INCLUDED IN TAX |
|
|
ABATEMENT AGREEMENT |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 7811.201. DEPOSITORY |
|
|
Sec. 7811.202. AUTHORITY TO ISSUE BONDS AND INCUR |
|
|
INDEBTEDNESS |
|
|
Sec. 7811.203. CONSTITUENT MUNICIPALITIES NOT |
|
|
OBLIGATED TO PAY DISTRICT OBLIGATIONS |
|
|
Sec. 7811.204. BOND ANTICIPATION NOTES |
|
|
Sec. 7811.205. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES |
|
|
CHAPTER 7811. DALLAS COUNTY FLOOD CONTROL DISTRICT NO. 1 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 7811.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Constituent municipality" means the City of Grand |
|
|
Prairie or the City of Irving. |
|
|
(3) "Director" means a member of the board. |
|
|
(4) "District" means the Dallas County Flood Control |
|
|
District No. 1. (Acts 68th Leg., R.S., Ch. 1081, Secs. 1(b) (part), |
|
|
(c), 2(a) (part); New.) |
|
|
Sec. 7811.002. NATURE OF DISTRICT. The district is a |
|
|
conservation and reclamation district established under Section |
|
|
59, Article XVI, Texas Constitution. (Acts 68th Leg., R.S., Ch. |
|
|
1081, Secs. 1(a), (b) (part).) |
|
|
Sec. 7811.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) The land and other property included in the district |
|
|
will benefit from the works and projects accomplished by the |
|
|
district and by the powers conferred by Section 59, Article XVI, |
|
|
Texas Constitution. |
|
|
(c) The creation and operation of the district is essential |
|
|
to accomplish the purpose of Section 59, Article XVI, Texas |
|
|
Constitution. (Acts 68th Leg., R.S., Ch. 1081, Secs. 8, 14.) |
|
|
Sec. 7811.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory located within the redefined boundaries |
|
|
of the district as filed in the deed records of Dallas County, |
|
|
Texas, on August 29, 1983, as amended by Sections 2(b) and (d), |
|
|
Chapter 1081, Acts of the 68th Legislature, Regular Session, 1983, |
|
|
as that territory may have been modified under: |
|
|
(1) Section 7811.005 of this chapter or its |
|
|
predecessor statute, former Section 13, Chapter 1081, Acts of the |
|
|
68th Legislature, Regular Session, 1983; |
|
|
(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 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 legal operation of the district or its |
|
|
governing body. (Acts 68th Leg., R.S., Ch. 1081, Secs. 2(a) (part), |
|
|
(b), (c), (d); New.) |
|
|
Sec. 7811.005. ANNEXATION OF LAND. Before the annexation |
|
|
of land within the corporate limits of a constituent municipality, |
|
|
the district must obtain the approval of the municipality. (Acts |
|
|
68th Leg., R.S., Ch. 1081, Sec. 13 (part).) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 7811.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board consisting of five appointed |
|
|
directors. The City of Irving appoints three directors and the City |
|
|
of Grand Prairie appoints two directors. |
|
|
(b) Directors serve two-year terms. (Acts 68th Leg., R.S., |
|
|
Ch. 1081, Sec. 3(a).) |
|
|
Sec. 7811.052. ELIGIBILITY FOR OFFICE. A director must own |
|
|
land in the district subject to taxation at the time the director |
|
|
qualifies for office. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(c) |
|
|
(part).) |
|
|
Sec. 7811.053. DIRECTOR'S BOND. (a) A director shall |
|
|
execute a bond in the amount of $5,000 for the faithful performance |
|
|
of the director's duties. |
|
|
(b) The bond must be filed in the office of the county clerk |
|
|
of Dallas County. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(c) |
|
|
(part).) |
|
|
Sec. 7811.054. BOARD VACANCY. (a) If a director dies, |
|
|
resigns, or ceases to possess the qualifications required for |
|
|
office, the board shall declare the person's office vacant. |
|
|
(b) The constituent municipality that appointed the |
|
|
director whose position is vacant shall appoint a successor to fill |
|
|
the unexpired term. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(b).) |
|
|
Sec. 7811.055. BOARD PRESIDENT; ABSENCE OF BOARD PRESIDENT. |
|
|
(a) The board may authorize the board's president to sign all orders |
|
|
or take other action. |
|
|
(b) Any order adopted or action taken at a board meeting at |
|
|
which the board's president is absent may be signed by the board's |
|
|
vice president, or the board may authorize the president to sign the |
|
|
order or action at a later time. (Acts 68th Leg., R.S., Ch. 1081, |
|
|
Secs. 3(f) (part), (g).) |
|
|
Sec. 7811.056. SECRETARY'S DUTIES. The board secretary |
|
|
shall keep accurate minutes and shall certify any action taken by |
|
|
the board. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(h).) |
|
|
Sec. 7811.057. TREASURER. (a) The board may appoint a |
|
|
district treasurer. |
|
|
(b) The district treasurer shall execute a bond in an amount |
|
|
determined by the board payable to the district and conditioned on |
|
|
the faithful performance of the treasurer's duties. (Acts 68th |
|
|
Leg., R.S., Ch. 1081, Sec. 11(d).) |
|
|
Sec. 7811.058. COMPENSATION OF DIRECTORS. (a) A director |
|
|
is entitled to receive $25 for each day spent performing district |
|
|
work, not to exceed $200 per month. |
|
|
(b) In all areas of conflict with Subsection (a) of this |
|
|
section, Section 49.060, Water Code, takes precedence. |
|
|
(c) A director's compensation may be increased as |
|
|
authorized by Section 49.060, Water Code, by resolution adopted by |
|
|
the board in accordance with Subsection (e) of that section on or |
|
|
after September 1, 1995. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(i) |
|
|
(part); New.) |
|
|
Sec. 7811.059. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An |
|
|
official action of the board is not valid without the affirmative |
|
|
vote of a majority of the directors. (Acts 68th Leg., R.S., Ch. |
|
|
1081, Sec. 3(d) (part).) |
|
|
Sec. 7811.060. DESIGNATION OF DIRECTOR TO ACT ON DISTRICT'S |
|
|
BEHALF. The board may designate one or more directors to execute on |
|
|
behalf of the district 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 68th |
|
|
Leg., R.S., Ch. 1081, Sec. 3(e).) |
|
|
Sec. 7811.061. DISTRICT OFFICE. (a) The board shall |
|
|
establish and maintain a district office inside the district. |
|
|
(b) The board may establish a second district office outside |
|
|
the district. |
|
|
(c) A district office may be a private residence or office |
|
|
and that residence or office is a public place for matters relating |
|
|
to the district's business. (Acts 68th Leg., R.S., Ch. 1081, Sec. |
|
|
12.) |
|
|
Sec. 7811.062. RECORDS. The board shall keep the |
|
|
district's records open to public inspection at reasonable times at |
|
|
the district's principal office. (Acts 68th Leg., R.S., Ch. 1081, |
|
|
Sec. 3(k).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 7811.101. GENERAL POWERS AND DUTIES. (a) The district |
|
|
may exercise the rights, powers, privileges, and functions provided |
|
|
by Section 59, Article XVI, Texas Constitution, Chapters 49 and 57, |
|
|
Water Code, and this chapter. |
|
|
(b) The district may 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 that water; |
|
|
(2) controlling and distributing the water of rivers |
|
|
and streams by straightening and improving the rivers and streams; |
|
|
(3) draining and improving the land; and |
|
|
(4) preventing the pollution of the water. (Acts 68th |
|
|
Leg., R.S., Ch. 1081, Secs. 1(d) (part), (e); New.) |
|
|
Sec. 7811.102. 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 land, water, or land under water inside or outside the |
|
|
district that has a direct effect on the accomplishment of the |
|
|
purposes for which the district is created and is necessary for |
|
|
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 and to prevent overflows. |
|
|
(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 must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code. |
|
|
(d) The district may not exercise the power of eminent |
|
|
domain within the corporate limits of a constituent municipality |
|
|
without the prior approval by resolution of the governing body of |
|
|
the municipality. |
|
|
(e) The district's authority under this section to exercise |
|
|
the power of eminent domain expired on September 1, 2013, unless the |
|
|
district submitted a letter to the comptroller in accordance with |
|
|
Section 2206.101(b), Government Code, not later than December 31, |
|
|
2012. (Acts 68th Leg., R.S., Ch. 1081, Secs. 9(a), (b) (part), (d); |
|
|
New.) |
|
|
Sec. 7811.103. 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) |
|
|
to provide comparable replacement without enhancement of the |
|
|
facility, after deducting the net salvage value of the old |
|
|
facility. |
|
|
(b) If the district's exercise of its power of eminent |
|
|
domain makes necessary relocating, raising, lowering, rerouting, |
|
|
changing the grade of, or altering the construction of a highway, |
|
|
railroad, electric transmission or distribution line, telephone or |
|
|
telegraph property or facility, or 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. (Acts 68th Leg., R.S., Ch. 1081, Sec. 9(c).) |
|
|
Sec. 7811.104. CONTRACTS FOR FACILITIES AND IMPROVEMENTS; |
|
|
ELECTION NOT REQUIRED. (a) The district may enter into a contract |
|
|
with a person 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 |
|
|
68th Leg., R.S., Ch. 1081, Sec. 10.) |
|
|
Sec. 7811.105. PROHIBITED FUNCTIONS. The district may not: |
|
|
(1) engage in any park, water service, wastewater |
|
|
service, police, or firefighting function; or |
|
|
(2) spend any district money or issue bonds for any |
|
|
function described by Subdivision (1). (Acts 68th Leg., R.S., Ch. |
|
|
1081, Sec. 7.) |
|
|
Sec. 7811.106. STANDARDS FOR ROAD, STREET, OR UTILITY |
|
|
CONSTRUCTION. Any road, street, or utility construction by the |
|
|
district begun on or after August 31, 1987, within the corporate |
|
|
limits of a constituent municipality must comply with the standards |
|
|
for construction adopted by the municipality. (Acts 68th Leg., |
|
|
R.S., Ch. 1081, Sec. 15.) |
|
|
Sec. 7811.107. APPROVAL OF RECLAMATION PLAN, AMENDMENT, OR |
|
|
PROJECT. In addition to any other requirements in this chapter, a |
|
|
reclamation plan adopted by the district, an amendment to a |
|
|
reclamation plan, or a project of the district that is not included |
|
|
in a reclamation plan must be approved by both constituent |
|
|
municipalities before the plan, amendment, or project takes effect. |
|
|
(Acts 68th Leg., R.S., Ch. 1081, Sec. 1(g).) |
|
|
SUBCHAPTER D. TAX ABATEMENT IN REINVESTMENT ZONE |
|
|
Sec. 7811.151. DESIGNATION OF REINVESTMENT ZONE. (a) The |
|
|
district by resolution may designate as a reinvestment zone an area |
|
|
or real or personal property in the taxing jurisdiction of the |
|
|
district that the board finds satisfies the requirements of Section |
|
|
7811.152. The board must find that the proposed |
|
|
commercial-industrial or residential project or projects meet the |
|
|
criteria prescribed by Section 7811.152. |
|
|
(b) The resolution must describe the boundaries of the zone |
|
|
and the eligibility of the zone for commercial-industrial or |
|
|
residential tax abatement. |
|
|
(c) The area of a reinvestment zone designated for |
|
|
commercial-industrial or residential tax abatement may be included |
|
|
in an overlapping or coincidental commercial-industrial or |
|
|
residential zone established under Chapter 312, Tax Code. |
|
|
(d) The district may not adopt a resolution designating an |
|
|
area as a reinvestment zone until the district has held a public |
|
|
hearing on the designation and has found that the improvements |
|
|
sought are feasible and practical and would be a benefit to the land |
|
|
to be included in the zone and to the district after the expiration |
|
|
of an agreement entered into under Section 7811.154 or 7811.155. At |
|
|
the hearing, interested persons are entitled to speak and present |
|
|
evidence for or against the designation. Not later than the seventh |
|
|
day before the date of the hearing, notice of the hearing must be: |
|
|
(1) published in a newspaper having general |
|
|
circulation in the district; and |
|
|
(2) delivered in writing to the presiding officer of |
|
|
the governing body of each taxing unit that includes in its |
|
|
boundaries real property that is to be included in the proposed |
|
|
reinvestment zone. |
|
|
(e) A notice made under Subsection (d)(2) is presumed |
|
|
delivered when placed in the mail postage paid and properly |
|
|
addressed to the appropriate presiding officer. A notice properly |
|
|
addressed and sent by registered or certified mail for which a |
|
|
return receipt is received by the sender is considered to have been |
|
|
delivered to the addressee. (Acts 68th Leg., R.S., Ch. 1081, Secs. |
|
|
16A (part), 16C.) |
|
|
Sec. 7811.152. CRITERIA FOR REINVESTMENT ZONE. To be |
|
|
designated as a reinvestment zone under this subchapter, an area |
|
|
must be reasonably likely as a result of the designation to |
|
|
contribute to the retention or expansion of primary employment or |
|
|
to attract major investment in the zone that would be a benefit to |
|
|
the property and that would contribute to the economic development |
|
|
of the district. (Acts 68th Leg., R.S., Ch. 1081, Sec. 16D(a).) |
|
|
Sec. 7811.153. EXPIRATION OF REINVESTMENT ZONE. The |
|
|
designation of a reinvestment zone for commercial-industrial or |
|
|
residential tax abatement expires five years after the date of the |
|
|
designation and may be renewed for periods not to exceed five years. |
|
|
The expiration of the designation does not affect an existing tax |
|
|
abatement agreement governed by this subchapter. (Acts 68th Leg., |
|
|
R.S., Ch. 1081, Sec. 16D(b).) |
|
|
Sec. 7811.154. TAX ABATEMENT AGREEMENT. (a) The district |
|
|
may enter into a tax abatement agreement by agreeing, in writing, |
|
|
with the owner of taxable real property that is located in a |
|
|
reinvestment zone to exempt from taxation a portion of the value of |
|
|
the real property or of tangible personal property located on the |
|
|
real property, or both, for a period not to exceed 30 years, on the |
|
|
condition that the owner of the property make specific improvements |
|
|
or repairs to the property. |
|
|
(b) The real property covered by the agreement may not be |
|
|
located in an improvement project financed by tax increment bonds. |
|
|
(c) The agreement is subject to the rights of holders of |
|
|
outstanding bonds of the district. |
|
|
(d) The agreement may: |
|
|
(1) provide for the exemption of the real property in |
|
|
each year covered by the agreement only to the extent its value for |
|
|
that year exceeds its value for the year in which the agreement is |
|
|
executed; |
|
|
(2) provide for the exemption of tangible personal |
|
|
property located on the real property in each year covered by the |
|
|
agreement other than tangible personal property that was located on |
|
|
the real property at any time before the period covered by the |
|
|
agreement with the district; and |
|
|
(3) cover more than one commercial-industrial or |
|
|
residential project. (Acts 68th Leg., R.S., Ch. 1081, Secs. 16A |
|
|
(part), 16E(a).) |
|
|
Sec. 7811.155. TAX ABATEMENT AGREEMENT: CERTIFICATED AIR |
|
|
CARRIER. (a) The district may enter into a tax abatement |
|
|
agreement by agreeing, in writing, with the owner or lessee of real |
|
|
property that is located in a reinvestment zone to exempt from |
|
|
taxation for a period not to exceed 30 years a portion of the value |
|
|
of the real property or of personal property, or both, located in |
|
|
the zone and owned or leased by a certificated air carrier on the |
|
|
condition that the certificated air carrier: |
|
|
(1) make specific real property improvements; or |
|
|
(2) lease, for a term of 30 years or more, real |
|
|
property improvements located in the reinvestment zone. |
|
|
(b) The agreement may provide for the exemption of the: |
|
|
(1) real property in each year covered by the |
|
|
agreement to the extent its value for that year exceeds its value |
|
|
for the year in which the agreement is executed; and |
|
|
(2) personal property owned or leased by a |
|
|
certificated air carrier located in the reinvestment zone in each |
|
|
year covered by the agreement other than specific personal property |
|
|
that was located in the reinvestment zone at any time before the |
|
|
period covered by the agreement with the district. (Acts 68th Leg., |
|
|
R.S., Ch. 1081, Secs. 16A (part), 16E(d).) |
|
|
Sec. 7811.156. TAX ABATEMENT AGREEMENT REQUIREMENTS. (a) |
|
|
This section applies to an agreement made under Section 7811.154 or |
|
|
7811.155. |
|
|
(b) The agreement must: |
|
|
(1) list the kind, number, and location of all |
|
|
proposed improvements of the property; and |
|
|
(2) provide for: |
|
|
(A) the availability of tax abatement for both |
|
|
new facilities and structures and for the expansion or |
|
|
modernization of existing facilities and structures; and |
|
|
(B) recapturing property tax revenue lost as a |
|
|
result of the agreement if the owner of the property fails to make |
|
|
the improvements or repairs as provided by the agreement. |
|
|
(c) A tax abatement agreement is not required to contain |
|
|
terms identical to another tax abatement agreement that covers the |
|
|
same exempted property or a portion of that property. |
|
|
(d) Property that is in a reinvestment zone and that is |
|
|
owned or leased by a director is excluded from property tax |
|
|
abatement. |
|
|
(e) The agreement may include, at the option of the |
|
|
district, provisions for maps showing existing uses and conditions |
|
|
and proposed improvements and uses of real property in the |
|
|
reinvestment zone. |
|
|
(f) On approval by the district, the agreement may be |
|
|
executed in the same manner as other contracts made by the district. |
|
|
(g) The agreement applies only to taxes levied by the |
|
|
district and does not affect other taxing units that levy taxes on |
|
|
property in the district. (Acts 68th Leg., R.S., Ch. 1081, Secs. 16A |
|
|
(part), 16E(b), (c), (e), (f), (g) (part), (h).) |
|
|
Sec. 7811.157. NOTICE OF TAX ABATEMENT AGREEMENT TO OTHER |
|
|
TAXING UNITS. (a) Not later than the seventh day before the date on |
|
|
which the district enters into an agreement under Section 7811.154 |
|
|
or 7811.155, the board or a designated officer or employee of the |
|
|
district shall deliver a written notice that the district intends |
|
|
to enter into the agreement to the Texas Commission on |
|
|
Environmental Quality and to the presiding officer of the governing |
|
|
body of each other taxing unit in which the property to be subject |
|
|
to the agreement is located. The notice must include a copy of the |
|
|
proposed agreement. |
|
|
(b) A notice is presumed delivered when placed in the mail |
|
|
postage paid and properly addressed to the appropriate presiding |
|
|
officer. A notice properly addressed and sent by registered or |
|
|
certified mail for which a return receipt is received by the sender |
|
|
is considered to have been delivered to the addressee. |
|
|
(c) Failure to deliver the notice does not affect the |
|
|
validity of the agreement. (Acts 68th Leg., R.S., Ch. 1081, Sec. |
|
|
16F.) |
|
|
Sec. 7811.158. MODIFICATION OR TERMINATION OF TAX ABATEMENT |
|
|
AGREEMENT. (a) At any time before the expiration of an agreement |
|
|
governed by this subchapter, the agreement may be modified by the |
|
|
parties to the agreement to include other provisions that could |
|
|
have been included in the original agreement or to delete |
|
|
provisions that were not necessary to the original agreement. The |
|
|
modification must be made by the same procedure by which the |
|
|
original agreement was approved and executed. The original |
|
|
agreement may not be modified to extend beyond 30 years from the |
|
|
date of the original agreement. |
|
|
(b) An agreement governed by this subchapter may be |
|
|
terminated by the mutual consent of the parties in the same manner |
|
|
that the agreement was approved and executed. (Acts 68th Leg., |
|
|
R.S., Ch. 1081, Sec. 16G.) |
|
|
Sec. 7811.159. REGISTRY OF REINVESTMENT ZONES AND TAX |
|
|
ABATEMENT AGREEMENTS; ASSISTANCE TO DISTRICT. (a) The Texas |
|
|
Economic Development and Tourism Office shall maintain a central |
|
|
registry of reinvestment zones governed by this subchapter and of |
|
|
ad valorem tax abatement agreements executed under this subchapter. |
|
|
Before April 1 of the year following the year in which the zone is |
|
|
designated or the agreement is executed, the district shall deliver |
|
|
to the office, the comptroller, and the Texas Commission on |
|
|
Environmental Quality a report that provides: |
|
|
(1) for a reinvestment zone, a general description of |
|
|
the zone, including its size, the types of property located in it, |
|
|
and its duration; and |
|
|
(2) for a tax abatement agreement, the parties to the |
|
|
agreement, a general description of the property and the |
|
|
improvements or repairs to be made under the agreement, the portion |
|
|
of the property to be exempted, and the duration of the agreement. |
|
|
(b) On the request of the board or the board's president, |
|
|
the office may provide assistance to the district relating to the |
|
|
administration of this subchapter, including the designation of |
|
|
reinvestment zones and the adoption of tax abatement agreements. |
|
|
(Acts 68th Leg., R.S., Ch. 1081, Sec. 16B.) |
|
|
Sec. 7811.160. PROPERTIES THAT MAY BE INCLUDED IN TAX |
|
|
ABATEMENT AGREEMENT. (a) The district may include in a tax |
|
|
abatement agreement: |
|
|
(1) facilities and structures for which construction |
|
|
began on or after October 1, 1990, but before June 10, 1991; |
|
|
(2) existing facilities and structures for which |
|
|
expansion or modernization construction began on or after October |
|
|
1, 1990, but before June 10, 1991; and |
|
|
(3) tangible personal property located on property |
|
|
described by Subdivision (1) or (2) in each year covered by the |
|
|
agreement, other than tangible personal property that was located |
|
|
on the property at any time before the time period covered by the |
|
|
agreement. |
|
|
(b) A tax abatement agreement made under this section may be |
|
|
based on the value of the property on January 1 of the year in which |
|
|
the construction, expansion, or modernization of the property |
|
|
began. (Acts 72nd Leg., R.S., Ch. 318, Sec. 2.) |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 7811.201. DEPOSITORY. (a) The board shall designate |
|
|
one or more banks to serve as the depository for district money. |
|
|
(b) District money shall be deposited as received in a |
|
|
depository bank, other than money transmitted to a bank for payment |
|
|
of bonds issued by the district. |
|
|
(c) If district money is deposited in a depository that 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 68th Leg., R.S., Ch. 1081, Secs. 11(a), (b), |
|
|
(c).) |
|
|
Sec. 7811.202. AUTHORITY TO ISSUE BONDS AND INCUR |
|
|
INDEBTEDNESS. (a) The district may issue bonds and incur other |
|
|
indebtedness in the manner provided by Section 7803.113 and |
|
|
Subchapter E, Chapter 7803. |
|
|
(b) The district shall file with both constituent |
|
|
municipalities a notice of intent to issue bonds or other |
|
|
indebtedness not later than the 20th day before the date of |
|
|
issuance. The notice must state the purpose for which the bonds or |
|
|
other indebtedness are issued and the approximate principal amount |
|
|
of the bonds or indebtedness. |
|
|
(c) Before the district issues bonds or other indebtedness |
|
|
in an amount of more than $500,000, the district must obtain the |
|
|
approval by resolution of the governing bodies of both constituent |
|
|
municipalities. |
|
|
(d) Bonds or other indebtedness may not be sold at discount |
|
|
from the principal amount without the prior approval of both |
|
|
constituent municipalities. (Acts 68th Leg., R.S., Ch. 1081, Secs. |
|
|
4(c), (d), (e).) |
|
|
Sec. 7811.203. CONSTITUENT MUNICIPALITIES NOT OBLIGATED TO |
|
|
PAY DISTRICT OBLIGATIONS. This chapter does not authorize the |
|
|
lending or pledge of the credit of either constituent municipality |
|
|
to the bonds and other indebtedness of the district. The |
|
|
constituent municipalities are not obligated to pay any bonds, |
|
|
indebtedness, or other debt of the district. (Acts 68th Leg., R.S., |
|
|
Ch. 1081, Sec. 4(f).) |
|
|
Sec. 7811.204. BOND ANTICIPATION NOTES. (a) In addition to |
|
|
all other methods of acquiring money 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 maximum amount of the notes outstanding at any one |
|
|
time may not exceed $500,000 without the prior consent of both |
|
|
constituent municipalities. |
|
|
(d) The district shall pay the notes only from the proceeds |
|
|
of the sale of bonds by the district. (Acts 68th Leg., R.S., Ch. |
|
|
1081, Secs. 6(a), (b) (part), (c), (d).) |
|
|
Sec. 7811.205. 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. 1081, Sec. 4(b) (part).) |
|
|
SECTION 1.04. Subtitle H, Title 6, Special District Local |
|
|
Laws Code, is amended by adding Chapters 8877, 8879, 8880, 8881, |
|
|
8882, 8883, 8884, 8885, 8886, 8887, and 8888 to read as follows: |
|
|
CHAPTER 8877. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8877.001. DEFINITIONS |
|
|
Sec. 8877.002. NATURE OF DISTRICT |
|
|
Sec. 8877.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
|
Sec. 8877.004. DISTRICT TERRITORY |
|
|
Sec. 8877.005. CONFLICTS OF LAW |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8877.051. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 8877.052. ELECTION OF DIRECTORS |
|
|
Sec. 8877.053. ELECTION DATE |
|
|
Sec. 8877.054. QUALIFICATIONS FOR OFFICE |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8877.101. GENERAL POWERS AND DUTIES |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8877.151. MAINTENANCE AND OPERATION TAX |
|
|
CHAPTER 8877. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8877.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Clearwater Underground Water |
|
|
Conservation District. (Acts 71st Leg., R.S., Ch. 524, Secs. 1(a) |
|
|
(part), 2; New.) |
|
|
Sec. 8877.002. NATURE OF DISTRICT. The district is a |
|
|
groundwater conservation district in Bell County created under and |
|
|
essential to accomplish the purposes of Section 59, Article XVI, |
|
|
Texas Constitution. (Acts 71st Leg., R.S., Ch. 524, Secs. 1(a) |
|
|
(part), (b), 3 (part).) |
|
|
Sec. 8877.003. 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 71st Leg., R.S., Ch. 524, Sec. 5.) |
|
|
Sec. 8877.004. DISTRICT TERRITORY. The district includes |
|
|
the territory located in Bell County unless the district's |
|
|
territory has been modified under: |
|
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
|
(2) other law. (Acts 71st Leg., R.S., Ch. 524, Sec. 3; |
|
|
New.) |
|
|
Sec. 8877.005. CONFLICTS OF LAW. This chapter prevails |
|
|
over any provision of general law that is in conflict or |
|
|
inconsistent with this chapter. (Acts 71st Leg., R.S., Ch. 524, |
|
|
Sec. 6(a) (part).) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8877.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board of five elected directors. |
|
|
(b) Except as provided by Section 8877.052(d), directors |
|
|
serve staggered four-year terms. (Acts 71st Leg., R.S., Ch. 524, |
|
|
Secs. 7(a), (d), 10(e) (part).) |
|
|
Sec. 8877.052. 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 after the county commissioners |
|
|
precincts are redrawn under Section 18, Article V, Texas |
|
|
Constitution, four new directors shall be elected to represent the |
|
|
newly redrawn precincts. The directors from precincts one and three |
|
|
shall be elected for two-year terms. The directors from precincts |
|
|
two and four shall be elected for four-year terms. When the |
|
|
directors elected from the new precincts take office, the terms of |
|
|
the directors elected from the previous precincts expire. (Acts |
|
|
71st Leg., R.S., Ch. 524, Secs. 10(a), (b), (d), (f).) |
|
|
Sec. 8877.053. ELECTION DATE. The district shall hold an |
|
|
election to elect the appropriate number of directors on the |
|
|
uniform election date in November of each even-numbered year. |
|
|
(Acts 71st Leg., R.S., Ch. 524, Sec. 10(e) (part).) |
|
|
Sec. 8877.054. QUALIFICATIONS FOR OFFICE. (a) To be |
|
|
qualified to be a candidate for or to serve as director at large, a |
|
|
person must be a registered voter in the district. |
|
|
(b) To be a candidate for or to serve as director from a |
|
|
county commissioners precinct, a person must be a registered voter |
|
|
of that precinct. (Acts 71st Leg., R.S., Ch. 524, Sec. 10(c).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8877.101. GENERAL POWERS AND DUTIES. The district has |
|
|
all of 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 |
|
|
71st Leg., R.S., Ch. 524, Sec. 6(a) (part).) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8877.151. MAINTENANCE AND OPERATION TAX. (a) Except |
|
|
as provided by Subsection (b), the district may impose an ad valorem |
|
|
tax at a rate not to exceed five cents on each $100 of valuation of |
|
|
property in the district to pay for the maintenance and operation of |
|
|
the district on approval of a majority of the voters of the district |
|
|
at an election held for that purpose. |
|
|
(b) The board may increase the maximum amount of ad valorem |
|
|
taxes that may be imposed in the district: |
|
|
(1) if the board determines that the maximum tax |
|
|
authorized by Subsection (a) is not sufficient to pay the |
|
|
maintenance and operating expenses of the district; and |
|
|
(2) on approval of a majority of the voters of the |
|
|
district voting at an election held for that purpose. |
|
|
(c) The maximum amount of taxes that may be authorized under |
|
|
this section may not exceed 25 cents on each $100 of valuation of |
|
|
property in the district. (Acts 71st Leg., R.S., Ch. 524, Secs. |
|
|
11(a), (b).) |
|
|
CHAPTER 8879. CROCKETT COUNTY GROUNDWATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8879.001. DEFINITIONS |
|
|
Sec. 8879.002. NATURE OF DISTRICT |
|
|
Sec. 8879.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
|
Sec. 8879.004. DISTRICT TERRITORY |
|
|
Sec. 8879.005. LOCATION OF DISTRICT ELECTIONS |
|
|
Sec. 8879.006. CONFLICTS OF LAW |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8879.051. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 8879.052. ELECTION DATE |
|
|
Sec. 8879.053. DISQUALIFICATION OF DIRECTORS |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8879.101. GENERAL POWERS AND DUTIES |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8879.151. LIMITATION ON AD VALOREM TAX RATE |
|
|
Sec. 8879.152. ELECTION TO INCREASE AD VALOREM TAX |
|
|
RATE |
|
|
CHAPTER 8879. CROCKETT COUNTY GROUNDWATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8879.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Crockett County Groundwater |
|
|
Conservation District. (Acts 71st Leg., R.S., Ch. 712, Sec. 2; |
|
|
New.) |
|
|
Sec. 8879.002. NATURE OF DISTRICT. The district is a |
|
|
groundwater conservation district in Crockett County created under |
|
|
and essential to accomplish the purposes of Section 59, Article |
|
|
XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 712, Secs. 1(a) |
|
|
(part), (b).) |
|
|
Sec. 8879.003. 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 71st Leg., R.S., Ch. 712, Sec. 5.) |
|
|
Sec. 8879.004. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory in Crockett County other than the tract of |
|
|
land described by metes and bounds in Section 3, Chapter 712, Acts |
|
|
of the 71st Legislature, Regular Session, 1989, 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. 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 taxes; or |
|
|
(3) the legality or operation of the district or its |
|
|
governing body. (Acts 71st Leg., R.S., Ch. 712, Secs. 3 (part), 4; |
|
|
New.) |
|
|
Sec. 8879.005. LOCATION OF DISTRICT ELECTIONS. A district |
|
|
election may be held at any location in Crockett County. (Acts 71st |
|
|
Leg., R.S., Ch. 712, Sec. 10B.) |
|
|
Sec. 8879.006. CONFLICTS OF LAW. This chapter prevails |
|
|
over any provision of general law that is in conflict or |
|
|
inconsistent with this chapter. (Acts 71st Leg., R.S., Ch. 712, |
|
|
Sec. 6(a) (part).) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8879.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board of five elected directors. |
|
|
(b) Directors serve staggered four-year terms, with the |
|
|
terms of two or three directors expiring December 1 of each |
|
|
even-numbered year. (Acts 71st Leg., R.S., Ch. 712, Secs. 7(a), |
|
|
(d), 10A (part).) |
|
|
Sec. 8879.052. ELECTION DATE. The district shall hold an |
|
|
election to elect the appropriate number of directors on the |
|
|
uniform election date in November of each even-numbered year. |
|
|
(Acts 71st Leg., R.S., Ch. 712, Sec. 10A.) |
|
|
Sec. 8879.053. DISQUALIFICATION OF DIRECTORS. |
|
|
Notwithstanding Sections 49.001 and 49.002(b), Water Code, Section |
|
|
49.052, Water Code, applies to a director. (Acts 71st Leg., R.S., |
|
|
Ch. 712, Sec. 7(a-1).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8879.101. GENERAL POWERS AND DUTIES. The district has |
|
|
the rights, powers, privileges, functions, and duties provided by |
|
|
the general law of this state, including Chapter 36 and Subchapters |
|
|
H and I, Chapter 49, Water Code, applicable to groundwater |
|
|
conservation districts created under Section 59, Article XVI, Texas |
|
|
Constitution. (Acts 71st Leg., R.S., Ch. 712, Sec. 6(a) (part).) |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8879.151. LIMITATION ON AD VALOREM TAX RATE. Except as |
|
|
provided by Section 8879.152, the rate of an ad valorem tax imposed |
|
|
by the district under Chapter 36, Water Code, may not exceed five |
|
|
cents on each $100 of assessed valuation. (Acts 71st Leg., R.S., |
|
|
Ch. 712, Sec. 11(a); New.) |
|
|
Sec. 8879.152. ELECTION TO INCREASE AD VALOREM TAX RATE. |
|
|
(a) If at a regular meeting of the board, the board determines that |
|
|
the district ad valorem tax is no longer sufficient, the board may |
|
|
hold an election to approve an increase in the district's tax rate |
|
|
not to exceed an additional five cents on each $100 of assessed |
|
|
valuation above the rate specified by Section 8879.151. |
|
|
(b) If a majority of the voters favor the increase in the |
|
|
district's tax rate, the district may impose an ad valorem tax at |
|
|
the increased rate. (Acts 71st Leg., R.S., Ch. 712, Sec. 11(b).) |
|
|
CHAPTER 8880. GONZALES COUNTY UNDERGROUND WATER CONSERVATION |
|
|
DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8880.001. DEFINITIONS |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8880.051. SINGLE-MEMBER DIRECTOR PRECINCTS |
|
|
CHAPTER 8880. GONZALES COUNTY UNDERGROUND WATER CONSERVATION |
|
|
DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8880.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Gonzales County Underground |
|
|
Water Conservation District. (Acts 74th Leg., R.S., Ch. 368, Sec. |
|
|
1; New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8880.051. SINGLE-MEMBER DIRECTOR PRECINCTS. (a) The |
|
|
board may divide the district into five single-member director |
|
|
precincts of substantially equal population for the purpose of |
|
|
electing directors. |
|
|
(b) Notwithstanding Section 36.059(b), Water Code, the |
|
|
board may divide territory contained in a municipal corporation in |
|
|
the district into as many precincts as necessary to obtain |
|
|
precincts of substantially equal population. (Acts 74th Leg., |
|
|
R.S., Ch. 368, Sec. 2.) |
|
|
CHAPTER 8881. MESA UNDERGROUND WATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8881.001. DEFINITIONS |
|
|
Sec. 8881.002. NATURE OF DISTRICT |
|
|
Sec. 8881.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
|
Sec. 8881.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8881.051. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 8881.052. ELECTION OF DIRECTORS |
|
|
Sec. 8881.053. ELECTION DATE |
|
|
Sec. 8881.054. QUALIFICATIONS FOR OFFICE |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8881.101. GENERAL POWERS AND DUTIES |
|
|
Sec. 8881.102. CONTRACT AUTHORITY OF DISTRICT |
|
|
Sec. 8881.103. ANNEXATION OF TERRITORY |
|
|
CHAPTER 8881. MESA UNDERGROUND WATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8881.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Mesa Underground Water |
|
|
Conservation District. (Acts 71st Leg., R.S., Ch. 669, Secs. 1(a) |
|
|
(part), 2; New.) |
|
|
Sec. 8881.002. NATURE OF DISTRICT. The district is a |
|
|
groundwater conservation district in Dawson County created under |
|
|
and essential to accomplish the purposes of Section 59, Article |
|
|
XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 669, Secs. 1(a) |
|
|
(part), (b).) |
|
|
Sec. 8881.003. 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 71st Leg., R.S., Ch. 669, Sec. 5.) |
|
|
Sec. 8881.004. DISTRICT TERRITORY. The district includes |
|
|
the territory located in Dawson County, unless the district's |
|
|
territory has been modified under: |
|
|
(1) Section 8881.103 of this chapter or its |
|
|
predecessor statute, former Section 11(c), Chapter 669, Acts of the |
|
|
71st Legislature, Regular Session, 1989; or |
|
|
(2) other law. (Acts 71st Leg., R.S., Ch. 669, Sec. 3; |
|
|
New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8881.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board of five elected directors. |
|
|
(b) Directors serve staggered four-year terms. (Acts 71st |
|
|
Leg., R.S., Ch. 669, Secs. 7(a) (part), (b) (part), (e).) |
|
|
Sec. 8881.052. ELECTION OF DIRECTORS. One director is |
|
|
elected from each county commissioners precinct in Dawson County |
|
|
and one director is elected from the district at large. (Acts 71st |
|
|
Leg., R.S., Ch. 669, Sec. 7(b) (part).) |
|
|
Sec. 8881.053. ELECTION DATE. The district shall hold an |
|
|
election to elect the appropriate number of directors on the |
|
|
uniform election date in May of each even-numbered year or another |
|
|
date authorized by law. (Acts 71st Leg., R.S., Ch. 669, Sec. 10; |
|
|
New.) |
|
|
Sec. 8881.054. QUALIFICATIONS FOR OFFICE. (a) A director |
|
|
must be 18 years of age or older. |
|
|
(b) To represent a county commissioners precinct, the |
|
|
director must be a resident of that precinct. (Acts 71st Leg., R.S., |
|
|
Ch. 669, Secs. 7(a) (part), (b) (part).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8881.101. GENERAL POWERS AND DUTIES. The district has |
|
|
all of 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 |
|
|
71st Leg., R.S., Ch. 669, Sec. 6(a) (part).) |
|
|
Sec. 8881.102. CONTRACT AUTHORITY OF DISTRICT. (a) The |
|
|
district may contract for, sell, and distribute water from a water |
|
|
import authority or other agency. |
|
|
(b) The district may contract with other districts that have |
|
|
powers similar to those of the district to achieve common goals. |
|
|
(Acts 71st Leg., R.S., Ch. 669, Secs. 11(a), (b).) |
|
|
Sec. 8881.103. ANNEXATION OF TERRITORY. (a) Territory may |
|
|
be added to the district under: |
|
|
(1) Subchapter J, Chapter 49, Water Code; or |
|
|
(2) Subchapter O, Chapter 51, Water Code. |
|
|
(b) If the district annexes territory, the board shall |
|
|
determine the precincts to which annexed territory is added for the |
|
|
purpose of electing directors. (Acts 71st Leg., R.S., Ch. 669, Sec. |
|
|
11(c); New.) |
|
|
CHAPTER 8882. SANDY LAND UNDERGROUND WATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8882.001. DEFINITIONS |
|
|
Sec. 8882.002. NATURE OF DISTRICT |
|
|
Sec. 8882.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
|
Sec. 8882.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8882.051. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 8882.052. ELECTION DATE |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8882.101. GENERAL POWERS AND DUTIES |
|
|
CHAPTER 8882. SANDY LAND UNDERGROUND WATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8882.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Sandy Land Underground Water |
|
|
Conservation District. (Acts 71st Leg., R.S., Ch. 673, Secs. 1(a) |
|
|
(part), 2; New.) |
|
|
Sec. 8882.002. NATURE OF DISTRICT. The district is a |
|
|
groundwater conservation district in Yoakum County created under |
|
|
and essential to accomplish the purposes of Section 59, Article |
|
|
XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 673, Secs. 1(a) |
|
|
(part), (b).) |
|
|
Sec. 8882.003. 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 71st Leg., R.S., Ch. 673, Sec. 5.) |
|
|
Sec. 8882.004. DISTRICT TERRITORY. The district includes |
|
|
the territory located in Yoakum County unless the district's |
|
|
territory has been modified under: |
|
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
|
(2) other law. (Acts 71st Leg., R.S., Ch. 673, Sec. 3; |
|
|
New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8882.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board of five directors. |
|
|
(b) Directors serve staggered four-year terms. (Acts 71st |
|
|
Leg., R.S., Ch. 673, Secs. 7(a), (d).) |
|
|
Sec. 8882.052. ELECTION DATE. The district shall hold an |
|
|
election to elect the appropriate number of directors on the |
|
|
uniform election date in May of every other year or another date |
|
|
authorized by law. (Acts 71st Leg., R.S., Ch. 673, Sec. 10; New.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8882.101. GENERAL 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 50, Water |
|
|
Code, applicable to groundwater conservation districts created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 71st |
|
|
Leg., R.S., Ch. 673, Sec. 6(a) (part).) |
|
|
CHAPTER 8883. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8883.001. DEFINITIONS |
|
|
Sec. 8883.002. NATURE OF DISTRICT |
|
|
Sec. 8883.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
|
Sec. 8883.004. DISTRICT TERRITORY |
|
|
Sec. 8883.005. OWNERSHIP OF GROUNDWATER AND SURFACE |
|
|
WATER RIGHTS |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8883.051. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 8883.052. ELIGIBILITY AND ELECTION OF DIRECTORS |
|
|
Sec. 8883.053. ELECTION DATE |
|
|
Sec. 8883.054. COMPENSATION; EXPENSES |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8883.101. GENERAL POWERS AND DUTIES |
|
|
Sec. 8883.102. PAYMENT OF CERTAIN EXPENSES |
|
|
Sec. 8883.103. APPEARANCE BEFORE RAILROAD COMMISSION |
|
|
Sec. 8883.104. PROHIBITION: SUPPLY OF WATER |
|
|
CHAPTER 8883. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8883.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Santa Rita Underground Water |
|
|
Conservation District. (Acts 71st Leg., R.S., Ch. 653, Secs. 1(a) |
|
|
(part), 2; New.) |
|
|
Sec. 8883.002. NATURE OF DISTRICT. The district is a |
|
|
groundwater conservation district in Reagan County created under |
|
|
and essential to accomplish the purposes of Section 59, Article |
|
|
XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 653, Secs. 1(a) |
|
|
(part), (b).) |
|
|
Sec. 8883.003. 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 71st Leg., R.S., Ch. 653, Sec. 5.) |
|
|
Sec. 8883.004. DISTRICT TERRITORY. (a) Except as provided |
|
|
by Subsection (b), the district includes the territory in Reagan |
|
|
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 any territory that was |
|
|
annexed into the Glasscock County Underground Water Conservation |
|
|
District under the then applicable annexation provisions of Chapter |
|
|
51, Water Code, before June 14, 1989. (Acts 71st Leg., R.S., Ch. |
|
|
653, Secs. 3, 14(a); New.) |
|
|
Sec. 8883.005. OWNERSHIP OF GROUNDWATER AND SURFACE WATER |
|
|
RIGHTS. The ownership and rights of the owner of land, the owner's |
|
|
lessees, and assigns in groundwater and any surface water rights |
|
|
are recognized, and this chapter does not deprive or divest the |
|
|
owner, the owner's lessees, or assigns of those ownership rights. |
|
|
(Acts 71st Leg., R.S., Ch. 653, Sec. 11(c).) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8883.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board of five directors. |
|
|
(b) Directors serve staggered four-year terms. (Acts 71st |
|
|
Leg., R.S., Ch. 653, Secs. 7(a) (part), (c).) |
|
|
Sec. 8883.052. ELIGIBILITY AND ELECTION OF DIRECTORS. (a) |
|
|
A director must be: |
|
|
(1) 18 years of age or older; and |
|
|
(2) a resident of the district. |
|
|
(b) One director is elected from each county commissioner |
|
|
precinct. One director is elected at large. |
|
|
(c) Section 141.001(a)(5), Election Code, and Section |
|
|
36.059(b), Water Code, do not apply to the district. (Acts 71st |
|
|
Leg., R.S., Ch. 653, Secs. 7(a) (part), (f), 10(a).) |
|
|
Sec. 8883.053. ELECTION DATE. The district shall hold an |
|
|
election to elect the appropriate number of directors on the |
|
|
uniform election date in May of each odd-numbered year or another |
|
|
date authorized by law. (Acts 71st Leg., R.S., Ch. 653, Sec. 10(b); |
|
|
New.) |
|
|
Sec. 8883.054. COMPENSATION; EXPENSES. (a) Unless the |
|
|
board by resolution increases the fees of office to an amount |
|
|
authorized by Section 36.060(a), Water Code, each director is |
|
|
entitled to receive for the director's services $25 a month in |
|
|
compensation. |
|
|
(b) Each director may be reimbursed for actual expenses |
|
|
incurred in the performance of official duties. |
|
|
(c) The expenses described by Subsection (b) must be: |
|
|
(1) reported in the district's records; and |
|
|
(2) approved by the board. (Acts 71st Leg., R.S., Ch. |
|
|
653, Sec. 11(a); New.) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8883.101. GENERAL 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 71st Leg., |
|
|
R.S., Ch. 653, Sec. 6(a) (part).) |
|
|
Sec. 8883.102. PAYMENT OF CERTAIN EXPENSES. (a) The board |
|
|
may pay: |
|
|
(1) all costs and expenses necessarily incurred in the |
|
|
creation and organization of the district; |
|
|
(2) legal fees; and |
|
|
(3) other incidental expenses. |
|
|
(b) The board may reimburse a person for money advanced for |
|
|
a purpose described by Subsection (a). (Acts 71st Leg., R.S., Ch. |
|
|
653, Sec. 11(d).) |
|
|
Sec. 8883.103. APPEARANCE BEFORE RAILROAD COMMISSION. The |
|
|
district, through the directors or the district's general manager, |
|
|
may appear before the Railroad Commission of Texas and present |
|
|
evidence and information relating to a pending permit application |
|
|
for an injection well to be located in the district. (Acts 71st |
|
|
Leg., R.S., Ch. 653, Sec. 11(b).) |
|
|
Sec. 8883.104. PROHIBITION: SUPPLY OF WATER. The district |
|
|
may not contract to or take an action to supply groundwater inside |
|
|
or outside the district. (Acts 71st Leg., R.S., Ch. 653, Sec. |
|
|
11(e).) |
|
|
CHAPTER 8884. SARATOGA UNDERGROUND WATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8884.001. DEFINITIONS |
|
|
Sec. 8884.002. NATURE OF DISTRICT |
|
|
Sec. 8884.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
|
Sec. 8884.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8884.051. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 8884.052. ELECTION OF DIRECTORS |
|
|
Sec. 8884.053. ELECTION DATE |
|
|
Sec. 8884.054. QUALIFICATIONS FOR OFFICE |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8884.101. GENERAL POWERS AND DUTIES |
|
|
CHAPTER 8884. SARATOGA UNDERGROUND WATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8884.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the Saratoga Underground Water |
|
|
Conservation District. (Acts 71st Leg., R.S., Ch. 519, Secs. 1(a) |
|
|
(part), 2; New.) |
|
|
Sec. 8884.002. NATURE OF DISTRICT. The district is a |
|
|
groundwater conservation district in Lampasas County created under |
|
|
and essential to accomplish the purposes of Section 59, Article |
|
|
XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 519, Secs. 1(a) |
|
|
(part), (b).) |
|
|
Sec. 8884.003. 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 71st Leg., R.S., Ch. 519, Sec. 5.) |
|
|
Sec. 8884.004. DISTRICT TERRITORY. The district includes |
|
|
the territory located in Lampasas County, unless the district's |
|
|
territory has been modified under: |
|
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
|
(2) other law. (Acts 71st Leg., R.S., Ch. 519, Sec. 3; |
|
|
New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8884.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
|
district is governed by a board of five elected directors. |
|
|
(b) Directors serve staggered four-year terms. (Acts 71st |
|
|
Leg., R.S., Ch. 519, Secs. 7(a) (part), (b).) |
|
|
Sec. 8884.052. 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) 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 |
|
|
representing the precinct from which the person was elected or |
|
|
appointed even though the change in boundaries places the person's |
|
|
residence outside that precinct. (Acts 71st Leg., R.S., Ch. 519, |
|
|
Secs. 7(a) (part), (d), (f), (g).) |
|
|
Sec. 8884.053. ELECTION DATE. The district shall hold an |
|
|
election to elect the appropriate number of directors on the |
|
|
uniform election date in November of each even-numbered year. (Acts |
|
|
71st Leg., R.S., Ch. 519, Sec. 7(c).) |
|
|
Sec. 8884.054. QUALIFICATIONS FOR OFFICE. (a) Except as |
|
|
provided by Section 8884.052(d), to be eligible to be a candidate |
|
|
for or to serve as director at large, a person must be a registered |
|
|
voter of the district. |
|
|
(b) To be a candidate for or to serve as director from a |
|
|
county commissioners precinct, a person must be a registered voter |
|
|
of that precinct. (Acts 71st Leg., R.S., Ch. 519, Sec. 7(e).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8884.101. GENERAL 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 50, Water |
|
|
Code, applicable to groundwater conservation districts created |
|
|
under Section 59, Article XVI, Texas Constitution. (Acts 71st Leg., |
|
|
R.S., Ch. 519, Sec. 6(a) (part).) |
|
|
CHAPTER 8885. SOUTH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8885.001. DEFINITIONS |
|
|
Sec. 8885.002. NATURE OF DISTRICT |
|
|
Sec. 8885.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
|
Sec. 8885.004. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8885.051. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 8885.052. ELECTION OF DIRECTORS |
|
|
Sec. 8885.053. ELECTION DATE |
|
|
Sec. 8885.054. QUALIFICATIONS FOR OFFICE |
|
|
Sec. 8885.055. BOARD VACANCY |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8885.101. GENERAL POWERS AND DUTIES |
|
|
CHAPTER 8885. SOUTH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8885.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Director" means a board member. |
|
|
(3) "District" means the South Plains Underground |
|
|
Water Conservation District. (Acts 72nd Leg., R.S., Ch. 46, |
|
|
Secs. 1(a) (part), 2; New.) |
|
|
Sec. 8885.002. NATURE OF DISTRICT. The district is a |
|
|
groundwater conservation district in Terry County created under and |
|
|
essential to accomplish the purposes of Section 59, Article XVI, |
|
|
Texas Constitution. (Acts 72nd Leg., R.S., Ch. 46, Secs. 1(a) |
|
|
(part), (b).) |
|
|
Sec. 8885.003. 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. 46, Sec. 4.) |
|
|
Sec. 8885.004. DISTRICT TERRITORY. The district's |
|
|
boundaries are coextensive with the boundaries of Terry County, |
|
|
unless the district's territory has been modified under: |
|
|
(1) Subchapter J or K, Chapter 36, Water Code; or |
|
|
(2) other law. (Acts 72nd Leg., R.S., Ch. 46, Sec. 3; |
|
|
New.) |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8885.051. 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. 46, Secs. 7(a), 8(c).) |
|
|
Sec. 8885.052. 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 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 their terms. |
|
|
(Acts 72nd Leg., R.S., Ch. 46, Sec. 6.) |
|
|
Sec. 8885.053. ELECTION DATE. The district shall hold an |
|
|
election to elect the appropriate number of directors on the |
|
|
uniform election date in May of each even-numbered year or another |
|
|
date authorized by law. (Acts 72nd Leg., R.S., Ch. 46, Sec. 11; |
|
|
New.) |
|
|
Sec. 8885.054. QUALIFICATIONS FOR OFFICE. To be eligible |
|
|
to serve as director, a person must be a registered voter in: |
|
|
(1) the precinct from which the person is elected or |
|
|
appointed if representing a precinct; or |
|
|
(2) the district if representing the district at |
|
|
large. (Acts 72nd Leg., R.S., Ch. 46, Sec. 7(c).) |
|
|
Sec. 8885.055. 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 72nd Leg., R.S., Ch. 46, |
|
|
Sec. 7(b).) |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8885.101. GENERAL 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 72nd Leg., |
|
|
R.S., Ch. 46, Sec. 5(a) (part).) |
|
|
CHAPTER 8886. SUTTON COUNTY UNDERGROUND WATER CONSERVATION |
|
|
DISTRICT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8886.001. DEFINITIONS |
|
|
Sec. 8886.002. NATURE OF DISTRICT |
|
|
Sec. 8886.003. FINDINGS OF PUBLIC USE AND BENEFIT |
|
|
Sec. 8886.004. CONFLICTS OF LAW |
|
|
SUBCHAPTER B. TERRITORY |
|
|
Sec. 8886.051. DISTRICT TERRITORY |
|
|
Sec. 8886.052. LAND EXCLUSION |
|
|
Sec. 8886.053. ANNEXATION OF TERRITORY |
|
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
|
Sec. 8886.101. COMPOSITION OF BOARD; TERMS |
|
|
Sec. 8886.102. ELECTION OF DIRECTORS |
|
|
Sec. 8886.103. ELECTION DATE |
|
|
Sec. 8886.104. QUALIFICATIONS FOR OFFICE |
|
|
SUBCHAPTER D. POWERS AND DUTIES |
|
|
Sec. 8886.151. GENERAL POWERS AND DUTIES |
|
|
Sec. 8886.152. ADMINISTRATIVE PROCEDURES |
|
|
Sec. 8886.153. WELL PERMITS |
|
|
Sec. 8886.154. WELL SPACING AND PRODUCTION |
|
|
Sec. 8886.155. LOGS |
|
|
Sec. 8886.156. AVAILABLE GROUNDWATER |
|
|
Sec. 8886.157. SURVEYS |
|
|
Sec. 8886.158. RESEARCH AND DETERMINATIONS REGARDING |
|
|
GROUNDWATER WITHDRAWAL |
|
|
Sec. 8886.159. COLLECTION AND PRESERVATION OF |
|
|
INFORMATION |
|
|
Sec. 8886.160. CONTRACT FOR SALE AND DISTRIBUTION OF |
|
|
WATER |
|
|
Sec. 8886.161. ACQUISITION OF LAND |
|
|
Sec. 8886.162. ELECTIONS |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8886.201. TAX AND BOND PROVISIONS |
|
|
SUBCHAPTER F. DISSOLUTION OF DISTRICT |
|
|
Sec. 8886.251. DISSOLUTION OF DISTRICT |
|
|
CHAPTER 8886. SUTTON COUNTY UNDERGROUND WATER CONSERVATION |
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DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8886.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Sutton County Underground |
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Water Conservation District. (Acts 69th Leg., R.S., Ch. 377, Sec. |
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3; New.) |
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Sec. 8886.002. NATURE OF DISTRICT. The district is created |
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under Section 59, Article XVI, Texas Constitution, to provide for |
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the conservation, preservation, protection, recharge, and |
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prevention of waste of the groundwater reservoirs located under |
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district land, consistent with the objectives of Section 59, |
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Article XVI, Texas Constitution, and Chapters 36 and 51, Water |
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Code. (Acts 69th Leg., R.S., Ch. 377, Secs. 1 (part), 6.) |
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Sec. 8886.003. FINDINGS OF PUBLIC USE AND BENEFIT. The |
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legislature finds that: |
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(1) the organization of the district is feasible and |
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practicable; |
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(2) the land to be included in and the residents of the |
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district will benefit from the creation of the district; |
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(3) there is a public necessity for the district; and |
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(4) the creation of the district will further the |
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public welfare. (Acts 69th Leg., R.S., Ch. 377, Sec. 4.) |
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Sec. 8886.004. CONFLICTS OF LAW. (a) Except as otherwise |
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provided by this chapter, if there is a conflict between this |
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chapter and Chapter 49, 51, or 36, Water Code, this chapter |
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controls. |
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(b) If there is a conflict between Chapter 49 or 51, Water |
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Code, and Chapter 36, Water Code, Chapter 36 controls. (Acts 69th |
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Leg., R.S., Ch. 377, Sec. 17.) |
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SUBCHAPTER B. TERRITORY |
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Sec. 8886.051. DISTRICT TERRITORY. The district is |
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composed of the territory in Sutton County, other than the |
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territory in Sections 60, 67, and 90, Block No. A, HE&WTRyCoSurvey, |
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Sutton County, unless the district's territory has been modified |
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under: |
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(1) Section 8886.052 or 8886.053 of this chapter or |
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their predecessor statutes, former Section 11 or 14, Chapter 377, |
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Acts of the 69th Legislature, Regular Session, 1985; or |
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(2) other law. (Acts 69th Leg., R.S., Ch. 377, Sec. 5; |
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New.) |
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Sec. 8886.052. LAND EXCLUSION. Land may be excluded from |
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the district in accordance with the procedures prescribed in |
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Sections 49.303-49.308, Water Code. (Acts 69th Leg., R.S., Ch. |
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377, Sec. 11.) |
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Sec. 8886.053. ANNEXATION OF TERRITORY. (a) Territory may |
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be added to the district as provided by: |
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(1) Subchapter J, Chapter 49, Water Code; or |
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(2) Subchapter O, Chapter 51, Water Code. |
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(b) If the district annexes territory, the board shall |
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determine the precincts to which annexed territory is added for the |
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purpose of electing directors. (Acts 69th Leg., R.S., Ch. 377, Sec. |
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14; New.) |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec. 8886.101. COMPOSITION OF BOARD; TERMS. (a) The |
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district is governed by a board of five directors. |
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(b) The directors serve staggered four-year terms. (Acts |
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69th Leg., R.S., Ch. 377, Secs. 15(a), (f); Acts 72nd Leg., R.S., |
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Ch. 757, Sec. 3(b) (part).) |
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Sec. 8886.102. ELECTION OF DIRECTORS. One director is |
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elected from each county commissioners precinct in Sutton County. |
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One director is elected at large. (Acts 69th Leg., R.S., Ch. 377, |
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Sec. 15(c).) |
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Sec. 8886.103. ELECTION DATE. The district shall hold an |
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election to elect directors on the uniform election date in May of |
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each odd-numbered year or another date authorized by law. (Acts |
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69th Leg., R.S., Ch. 377, Sec. 15(e); New.) |
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Sec. 8886.104. QUALIFICATIONS FOR OFFICE. (a) To be |
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qualified for election as a director, a person must be: |
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(1) a resident of the district; and |
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(2) at least 18 years of age. |
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(b) To be qualified for election as a director from a |
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precinct, a person must be a resident of the precinct from which the |
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person is elected. (Acts 69th Leg., R.S., Ch. 377, Secs. 15(b), |
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(d).) |
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SUBCHAPTER D. POWERS AND DUTIES |
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Sec. 8886.151. GENERAL POWERS AND DUTIES. Except as |
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otherwise provided by this chapter, the district may exercise: |
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(1) the powers essential to accomplish the purposes of |
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Section 59, Article XVI, Texas Constitution; and |
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(2) the rights, powers, and functions provided by this |
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chapter and Chapters 36 and 51, Water Code. (Acts 69th Leg., R.S., |
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Ch. 377, Sec. 2.) |
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Sec. 8886.152. ADMINISTRATIVE PROCEDURES. Except as |
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otherwise provided by this chapter, the administrative and |
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procedural provisions of Chapters 36 and 51, Water Code, apply to |
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the district. (Acts 69th Leg., R.S., Ch. 377, Sec. 8.) |
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Sec. 8886.153. WELL PERMITS. (a) The board may: |
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(1) require a permit for drilling, equipping, or |
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completing a well in a groundwater reservoir in the district; and |
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(2) issue a permit that imposes terms relating to |
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drilling, equipping, or completing a well that are necessary to |
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prevent waste or conserve, preserve, and protect groundwater. |
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(b) The board may not deny an owner of land, or the owner's |
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heirs, assigns, and lessees, a permit to drill a well on that land |
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or the right to produce groundwater from that well, subject to rules |
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adopted under this chapter. (Acts 69th Leg., R.S., Ch. 377, Secs. |
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7(b), (c) (part).) |
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Sec. 8886.154. WELL SPACING AND PRODUCTION. To minimize as |
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far as practicable the drawdown of the water table or the reduction |
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of the artesian pressure, the board may provide for spacing wells |
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that are producing water from a groundwater reservoir in the |
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district and may regulate the production from those wells. (Acts |
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69th Leg., R.S., Ch. 377, Sec. 7(c) (part).) |
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Sec. 8886.155. LOGS. The board may require that: |
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(1) accurate driller's logs be kept of wells in any |
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groundwater reservoir in the district; and |
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(2) a copy of driller's logs and of any electric logs |
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that are made of the wells be filed with the district. (Acts 69th |
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Leg., R.S., Ch. 377, Sec. 7(d) (part).) |
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Sec. 8886.156. AVAILABLE GROUNDWATER. The board shall |
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determine the quantity of the groundwater available for production |
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and use and the improvements, developments, and recharges that will |
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be necessary for any groundwater reservoirs in the district. (Acts |
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69th Leg., R.S., Ch. 377, Sec. 7(f) (part).) |
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Sec. 8886.157. SURVEYS. The board may have a licensed |
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engineer survey the groundwater of any groundwater reservoir in the |
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district and the facilities for the development, production, and |
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use of groundwater from any reservoir in the district. (Acts 69th |
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Leg., R.S., Ch. 377, Sec. 7(f) (part).) |
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Sec. 8886.158. RESEARCH AND DETERMINATIONS REGARDING |
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GROUNDWATER WITHDRAWAL. The district may carry out research |
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projects, develop information, and determine limitations, if any, |
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that should be placed on the withdrawal of groundwater. (Acts 69th |
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Leg., R.S., Ch. 377, Sec. 7(h).) |
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Sec. 8886.159. COLLECTION AND PRESERVATION OF INFORMATION. |
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The district may collect and preserve information regarding the use |
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of the groundwater and the practicability of recharge of a |
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groundwater reservoir in the district. (Acts 69th Leg., R.S., Ch. |
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377, Sec. 7(i).) |
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Sec. 8886.160. CONTRACT FOR SALE AND DISTRIBUTION OF WATER. |
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The district may contract for, sell, and distribute water from a |
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water import authority or other agency. (Acts 69th Leg., R.S., Ch. |
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377, Sec. 7(k).) |
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Sec. 8886.161. ACQUISITION OF LAND. The board may acquire |
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land to: |
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(1) erect a dam; |
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(2) drain a lake, draw, depression, or creek; and |
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(3) install pumps and other equipment necessary to |
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recharge a groundwater reservoir in the district. (Acts 69th Leg., |
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R.S., Ch. 377, Sec. 7(e).) |
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Sec. 8886.162. ELECTIONS. The district shall conduct |
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elections in the manner provided by Chapter 51, Water Code. (Acts |
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69th Leg., R.S., Ch. 377, Sec. 16 (part).) |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 8886.201. TAX AND BOND PROVISIONS. (a) Except as |
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otherwise provided by this chapter, the tax and bond provisions of |
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Chapters 36 and 51, Water Code, apply to the district. |
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(b) On approval of the majority of the voters in an election |
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called for that purpose, the district may impose an ad valorem tax |
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to pay the principal of and interest on bonds and to maintain the |
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district. The tax approved under this subsection may not exceed |
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five cents on each $100 of assessed valuation. |
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(c) At a regular meeting of the board, if the board |
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determines that the tax imposed under Subsection (b) is no longer |
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sufficient for the purposes stated in that subsection, the board |
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may call an election to be held to approve the imposition of an ad |
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valorem tax in excess of the limitation provided by Subsection (b). |
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If a majority of the voters approve the imposition of taxes in |
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excess of the limitation provided by Subsection (b), the district |
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may impose taxes in the amount approved by the voters at the |
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election called and held under this subsection. (Acts 69th Leg., |
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R.S., Ch. 377, Secs. 12(a), (b) (part), (c).) |
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SUBCHAPTER F. DISSOLUTION OF DISTRICT |
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Sec. 8886.251. DISSOLUTION OF DISTRICT. The district may |
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be dissolved as provided by Chapter 36, Water Code. (Acts 69th |
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Leg., R.S., Ch. 377, Sec. 13.) |
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CHAPTER 8887. NORTH PLAINS GROUNDWATER CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8887.001. DEFINITIONS |
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Sec. 8887.002. NATURE OF DISTRICT |
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Sec. 8887.003. FINDING OF BENEFIT |
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Sec. 8887.004. DISTRICT TERRITORY |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8887.051. TERMS |
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Sec. 8887.052. ELECTION DATE |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8887.101. GENERAL POWERS AND DUTIES |
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Sec. 8887.102. WELL PERMITS |
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Sec. 8887.103. WELL SPACING AND PRODUCTION |
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Sec. 8887.104. RECORDS AND REPORTS |
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Sec. 8887.105. LOGS |
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Sec. 8887.106. SURVEYS |
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Sec. 8887.107. RESEARCH AND DETERMINATIONS REGARDING |
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GROUNDWATER WITHDRAWAL |
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Sec. 8887.108. COLLECTION AND PRESERVATION OF |
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INFORMATION |
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Sec. 8887.109. RULES: PREVENTION OF WASTE |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8887.151. LIMITATION ON MAINTENANCE AND OPERATION |
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TAX |
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Sec. 8887.152. MAINTENANCE AND OPERATION TAX ELECTION |
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Sec. 8887.153. DISTRICT DEBT |
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CHAPTER 8887. NORTH PLAINS GROUNDWATER CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8887.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the North Plains Groundwater |
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Conservation District. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 |
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(part); New.) |
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Sec. 8887.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district created under Section 59, |
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Article XVI, Texas Constitution. (Acts 54th Leg., R.S., Ch. 498, |
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Secs. 1 (part), 4 (part).) |
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Sec. 8887.003. FINDING OF BENEFIT. (a) All land and other |
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property in the district benefit from the: |
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(1) creation of the district; |
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(2) carrying out of the purposes for which the |
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district was created; and |
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(3) acquisition and construction of improvements to |
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carry out those purposes. |
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(b) The district is necessary to carry out the purposes of |
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Section 59, Article XVI, Texas Constitution. (Acts 54th Leg., |
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R.S., Ch. 498, Sec. 4 (part).) |
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Sec. 8887.004. DISTRICT TERRITORY. The district is |
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composed of the territory described by Section 1, Chapter 498, Acts |
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of the 54th Legislature, Regular Session, 1955, as that territory |
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may have been modified under: |
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(1) Subchapter J or K, Chapter 36, Water Code; or |
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(2) other law. (Acts 54th Leg., R.S., Ch. 498, Sec. 1 |
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(part); New.) |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8887.051. TERMS. Directors serve staggered four-year |
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terms. (Acts 54th Leg., R.S., Ch. 498, Sec. 1A(a).) |
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Sec. 8887.052. ELECTION DATE. The district shall hold an |
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election to elect the appropriate number of directors on a uniform |
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election date in each even-numbered year. (Acts 54th Leg., R.S., |
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Ch. 498, Sec. 1A(b).) |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8887.101. GENERAL POWERS AND DUTIES. The district has |
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all of the rights, powers, privileges, and duties provided by |
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general law applicable to groundwater conservation districts |
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created under Section 59, Article XVI, Texas Constitution, and |
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Chapter 36, Water Code. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 |
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(part).) |
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Sec. 8887.102. WELL PERMITS. (a) The district may: |
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(1) require a permit for drilling, equipping, or |
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completing a well in a groundwater reservoir in the district; and |
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(2) issue a permit subject to terms relating to |
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drilling, equipping, or completing a well that are necessary to |
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prevent waste or contamination. |
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(b) The district may not deny an owner of land, or the |
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owner's heirs, assigns, and lessees, a permit to drill a well on |
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that land or to produce groundwater from that well subject to rules |
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adopted to prevent waste or contamination. (Acts 54th Leg., R.S., |
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Ch. 498, Sec. 2 (part).) |
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Sec. 8887.103. WELL SPACING AND PRODUCTION. To minimize as |
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far as practicable the drawdown of the water table or the reduction |
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of the artesian pressure, the district may provide for the spacing |
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of wells producing from a groundwater reservoir or a subdivision of |
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a groundwater reservoir in the district and regulate the production |
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from those wells. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).) |
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Sec. 8887.104. RECORDS AND REPORTS. The district may |
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require that records be kept and reports be made of the drilling, |
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equipping, and completion of a well in a groundwater reservoir or a |
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subdivision of a groundwater reservoir in the district and the |
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taking and use of groundwater from those reservoirs or subdivisions |
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of those reservoirs. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 |
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(part).) |
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Sec. 8887.105. LOGS. The district may require that: |
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(1) accurate driller's logs be kept of the drilling, |
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equipping, and completion of a well in a groundwater reservoir or a |
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subdivision of a groundwater reservoir in the district; and |
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(2) a copy of a driller's log and of any electric log |
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that is made of the well be filed with the district. (Acts 54th |
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Leg., R.S., Ch. 498, Sec. 2 (part).) |
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Sec. 8887.106. SURVEYS. The district may have a licensed |
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engineer or qualified groundwater scientist survey the groundwater |
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of a groundwater reservoir or a subdivision of a groundwater |
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reservoir in the district and the facilities for the development, |
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production, and use of that groundwater to determine the: |
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(1) quantity of the groundwater available for |
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production and use; and |
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(2) improvements, developments, and recharges needed |
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for the groundwater reservoir or subdivision of a groundwater |
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reservoir. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).) |
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Sec. 8887.107. RESEARCH AND DETERMINATIONS REGARDING |
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GROUNDWATER WITHDRAWAL. The district may carry out research |
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projects, develop information, and determine limitations, if any, |
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that should be made on the withdrawal of water from a groundwater |
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reservoir or a subdivision of a groundwater reservoir in the |
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district. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).) |
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Sec. 8887.108. COLLECTION AND PRESERVATION OF INFORMATION. |
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The district may collect and preserve information regarding the use |
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of groundwater and the practicability of recharge of a groundwater |
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reservoir or a subdivision of a groundwater reservoir in the |
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district. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).) |
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Sec. 8887.109. RULES: PREVENTION OF WASTE. (a) In this |
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section, "waste" has the meaning assigned by Section 36.001, Water |
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Code. |
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(b) The district may adopt and enforce rules to prevent the |
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waste of the groundwater of any groundwater reservoir or |
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subdivision of a groundwater reservoir in the district. (Acts 54th |
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Leg., R.S., Ch. 498, Sec. 2 (part).) |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8887.151. LIMITATION ON MAINTENANCE AND OPERATION TAX. |
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To pay the maintenance and operating expenses of the district, |
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including the maintenance of its installations and activities, the |
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district may impose ad valorem taxes annually at a rate not to |
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exceed five cents on each $100 of assessed valuation on property in |
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the district subject to taxation. (Acts 54th Leg., R.S., Ch. 498, |
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Sec. 2 (part).) |
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Sec. 8887.152. MAINTENANCE AND OPERATION TAX ELECTION. The |
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district may order an election to impose taxes for the maintenance |
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of the district and its installations and activities. The election |
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must be held as is provided for elections authorizing the issuance |
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of bonds. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).) |
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Sec. 8887.153. DISTRICT DEBT. The district may incur all |
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indebtedness necessary to the achievement of the purposes for which |
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the district is created. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 |
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(part).) |
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CHAPTER 8888. NORTH HARRIS COUNTY REGIONAL WATER AUTHORITY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8888.001. DEFINITIONS |
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Sec. 8888.002. NATURE OF AUTHORITY |
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Sec. 8888.003. FINDINGS OF PUBLIC USE AND BENEFIT |
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Sec. 8888.004. DISTRICTS IN AUTHORITY'S BOUNDARIES |
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Sec. 8888.005. APPLICABILITY OF OTHER LAW |
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SUBCHAPTER B. TERRITORY |
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Sec. 8888.051. AUTHORITY TERRITORY |
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Sec. 8888.052. LOCAL GOVERNMENT ANNEXATION |
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Sec. 8888.053. ADDITION OF WATER SYSTEM SERVICE AREA |
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Sec. 8888.054. INCLUSION OF CERTAIN TERRITORY |
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SUBCHAPTER C. AUTHORITY ADMINISTRATION |
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Sec. 8888.101. COMPOSITION OF BOARD |
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Sec. 8888.102. ELECTION OF DIRECTORS |
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Sec. 8888.103. ELECTION DATE |
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Sec. 8888.104. QUALIFICATION FOR OFFICE |
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Sec. 8888.105. BOARD VACANCY |
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Sec. 8888.106. MEETINGS |
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Sec. 8888.107. GENERAL MANAGER |
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Sec. 8888.108. EMPLOYEES |
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Sec. 8888.109. FIDELITY BOND |
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SUBCHAPTER D. POWERS AND DUTIES |
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Sec. 8888.151. GENERAL POWERS AND DUTIES |
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Sec. 8888.152. ADDITIONAL POWERS |
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Sec. 8888.153. AUTHORITY RULES |
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Sec. 8888.154. FEES, RATES, AND CHARGES |
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Sec. 8888.155. FEE AMOUNTS |
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Sec. 8888.156. PRODUCTION FEES |
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Sec. 8888.157. GROUNDWATER REDUCTION PLAN |
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Sec. 8888.158. WATER SUPPLY AND DROUGHT CONTINGENCY |
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PLANS |
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Sec. 8888.159. ACQUISITION, CONSTRUCTION, AND |
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OPERATION OF SYSTEMS |
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|
Sec. 8888.160. STORAGE, SALE, OR REUSE OF WATER OR |
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BY-PRODUCT |
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Sec. 8888.161. GENERAL CONTRACTING AUTHORITY |
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|
Sec. 8888.162. SPECIFIC CONTRACTING AUTHORITY |
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|
Sec. 8888.163. PURCHASE OF SURPLUS PROPERTY |
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|
Sec. 8888.164. PURCHASE OF INTEREST IN PROJECT |
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Sec. 8888.165. COOPERATION WITH PUBLIC ENTITIES |
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|
Sec. 8888.166. SURFACE WATER DELIVERY SYSTEM |
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Sec. 8888.167. CONDITIONAL APPROVAL OF CONSTRUCTION |
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PROJECTS |
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|
Sec. 8888.168. STATEMENT OF AMOUNTS OF WATER TO BE |
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DELIVERED |
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|
Sec. 8888.169. EFFECT OF MUNICIPAL ANNEXATION ON FEES |
|
|
AND SERVICES |
|
|
Sec. 8888.170. CIVIL PENALTY; CIVIL ACTION; INJUNCTION |
|
|
Sec. 8888.171. EMINENT DOMAIN |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8888.201. GIFT OR GRANT FROM SUBSIDENCE DISTRICT |
|
|
Sec. 8888.202. AUTHORIZATION OF DISBURSEMENT |
|
|
Sec. 8888.203. AD VALOREM TAX PROHIBITED |
|
|
Sec. 8888.204. COOPERATIVE FUNDING |
|
|
SUBCHAPTER F. NOTES AND BONDS |
|
|
Sec. 8888.251. REVENUE NOTES |
|
|
Sec. 8888.252. REVENUE AND BOND ANTICIPATION NOTES |
|
|
Sec. 8888.253. BONDS AND NOTES |
|
|
Sec. 8888.254. BONDS SECURED BY CONTRACT PROCEEDS: |
|
|
APPROVAL |
|
|
Sec. 8888.255. REFUNDING BONDS |
|
|
Sec. 8888.256. VALIDITY OF BONDS AFTER ADDITION OF |
|
|
TERRITORY |
|
|
CHAPTER 8888. NORTH HARRIS COUNTY REGIONAL WATER AUTHORITY |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8888.001. DEFINITIONS. In this chapter: |
|
|
(1) "Agricultural crop" means: |
|
|
(A) a food or fiber commodity grown for resale or |
|
|
commercial purposes that provides food, clothing, or animal feed; |
|
|
or |
|
|
(B) a nursery product or florist item that is in |
|
|
the possession of a nursery grower. |
|
|
(2) "Authority" means the North Harris County Regional |
|
|
Water Authority. |
|
|
(3) "Board" means the authority's board of directors. |
|
|
(4) "Commission" means the Texas Commission on |
|
|
Environmental Quality. |
|
|
(5) "Director" means a member of the board. |
|
|
(6) "Florist item" means a cut flower, potted plant, |
|
|
blooming plant, inside foliage plant, bedding plant, corsage |
|
|
flower, cut foliage, floral decoration, or live decorative |
|
|
material. |
|
|
(7) "Groundwater reduction plan" means a plan adopted |
|
|
or implemented to supply water, reduce reliance on groundwater, |
|
|
regulate groundwater pumping and water usage, or require and |
|
|
allocate water usage among persons in order to comply with or exceed |
|
|
the minimum requirements imposed by the subsidence district, |
|
|
including any applicable groundwater reduction requirements. |
|
|
(8) "Local government" means a municipality, county, |
|
|
special district, or other political subdivision of this state or a |
|
|
combination of two or more of those entities. |
|
|
(9) "Nursery grower" means a person who grows, in any |
|
|
medium, more than 50 percent of the nursery products or florist |
|
|
items that the person sells or leases, regardless of the variety |
|
|
sold, leased, or grown. For the purposes of this definition, "grow" |
|
|
means the actual cultivation or propagation of the nursery product |
|
|
or florist item beyond the mere holding or maintaining of the item |
|
|
before sale or lease and typically includes activities associated |
|
|
with the production or multiplying of stock such as the development |
|
|
of new plants from cuttings, grafts, plugs, or seedlings. |
|
|
(10) "Nursery product" includes a tree, shrub, vine, |
|
|
cutting, graft, scion, grass, bulb, or bud that is grown for, kept |
|
|
for, or capable of propagation and distribution for sale or lease. |
|
|
(11) "Subsidence" means the lowering in elevation of |
|
|
the surface of land by the withdrawal of groundwater. |
|
|
(12) "Subsidence district" means the Harris-Galveston |
|
|
Subsidence District. |
|
|
(13) "System" means a network of pipelines, conduits, |
|
|
canals, pumping stations, force mains, and treatment plants, and |
|
|
any other construction, device, or related appurtenance, used to |
|
|
treat or transport water. |
|
|
(14) "Water" includes: |
|
|
(A) groundwater, percolating or otherwise; |
|
|
(B) any surface water, natural or artificial, |
|
|
navigable or nonnavigable; and |
|
|
(C) industrial and municipal wastewater. (Acts |
|
|
76th Leg., R.S., Ch. 1029, Secs. 1.01(a) (part), 1.02(1), (2), (3), |
|
|
(4), (5), (7), (8), (9), (10), (11), (12) as added Acts 77th Leg., |
|
|
R.S., Ch. 232, (12) as added Acts 77th Leg., R.S., Ch. 1296, (13), |
|
|
(14).) |
|
|
Sec. 8888.002. NATURE OF AUTHORITY. The authority is a |
|
|
regional water authority in Harris County created under and |
|
|
essential to accomplish the purposes of Section 59, Article XVI, |
|
|
Texas Constitution. (Acts 76th Leg., R.S., Ch. 1029, Secs. 1.01(a) |
|
|
(part), (b).) |
|
|
Sec. 8888.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The |
|
|
authority is created to serve a public use and benefit. |
|
|
(b) All land and other property included in the authority |
|
|
will benefit from the works and projects accomplished by the |
|
|
authority under the powers provided by this chapter. (Acts 76th |
|
|
Leg., R.S., Ch. 1029, Sec. 1.06.) |
|
|
Sec. 8888.004. DISTRICTS IN AUTHORITY'S BOUNDARIES. A |
|
|
district in the authority's boundaries retains the district's |
|
|
separate identity, powers, and duties. The district is subject to |
|
|
the authority's powers and duties, including those powers and |
|
|
duties necessary to develop, implement, and enforce a groundwater |
|
|
reduction plan. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.14.) |
|
|
Sec. 8888.005. APPLICABILITY OF OTHER LAW. (a) This |
|
|
chapter prevails over any inconsistent provision of general law. |
|
|
(b) This chapter does not prevail over or preempt a |
|
|
provision of Chapter 8801 of this code or Chapter 36, Water Code, |
|
|
that is being implemented by the subsidence district. |
|
|
(c) The following laws do not apply to the authority: |
|
|
(1) Chapter 36, Water Code; |
|
|
(2) Section 49.052, Water Code; and |
|
|
(3) Sections 49.451-49.455, Water Code. (Acts 76th |
|
|
Leg., R.S., Ch. 1029, Sec. 1.05.) |
|
|
SUBCHAPTER B. TERRITORY |
|
|
Sec. 8888.051. AUTHORITY TERRITORY. The authority is |
|
|
composed of the territory described by Sections 1.03(a), (b), |
|
|
(b-1), (b-2), (c), and (e), Chapter 1029, Acts of the 76th |
|
|
Legislature, Regular Session, 1999, as that territory may have been |
|
|
modified under: |
|
|
(1) this subchapter or the following predecessor |
|
|
statutes: |
|
|
(A) Sections 1.03(f) and (g), Chapter 1029, Acts |
|
|
of the 76th Legislature, Regular Session, 1999; or |
|
|
(B) Section 1.045, Chapter 1029, Acts of the 76th |
|
|
Legislature, Regular Session, 1999; or |
|
|
(2) Subchapter J, Chapter 49, Water Code. (New.) |
|
|
Sec. 8888.052. LOCAL GOVERNMENT ANNEXATION. Territory |
|
|
annexed by a local government located in the authority becomes |
|
|
territory of the authority on the effective date of the annexation |
|
|
unless the annexed territory is included in another local |
|
|
government's approved groundwater reduction plan as of the |
|
|
effective date of the annexation. The authority by rule may require |
|
|
the local government to send the authority: |
|
|
(1) written notice of the effective date of an |
|
|
annexation; and |
|
|
(2) copies of documents describing the annexed land |
|
|
and the new boundaries of the local government. (Acts 76th Leg., |
|
|
R.S., Ch. 1029, Sec. 1.03(f).) |
|
|
Sec. 8888.053. ADDITION OF WATER SYSTEM SERVICE AREA. If |
|
|
territory is added to the service area of a person owning a water |
|
|
system located in the authority, the territory becomes territory of |
|
|
the authority on the effective date of the territory's addition to |
|
|
the service area unless the added territory is included in another |
|
|
local government's approved groundwater reduction plan as of the |
|
|
effective date of the addition. The authority by rule may require |
|
|
the person to send the authority: |
|
|
(1) written notice of the effective date of an |
|
|
addition of territory; and |
|
|
(2) copies of documents describing the added territory |
|
|
and the new boundaries of the person's service area. (Acts 76th |
|
|
Leg., R.S., Ch. 1029, Sec. 1.03(g).) |
|
|
Sec. 8888.054. INCLUSION OF CERTAIN TERRITORY. (a) The |
|
|
board of directors of a district organized under Section 52, |
|
|
Article III, or Section 59, Article XVI, Texas Constitution, all or |
|
|
part of which is not included in the authority, by petition may |
|
|
request the district's territory to be included in the authority's |
|
|
territory. The petition must: |
|
|
(1) be filed with the authority; and |
|
|
(2) include an accurate legal description of the |
|
|
boundaries of the territory to be included. |
|
|
(b) If the authority has bonds, notes, or other obligations |
|
|
outstanding, the board shall require the petitioning district to |
|
|
assume the district's share of the outstanding bonds, notes, or |
|
|
other obligations. |
|
|
(c) Before the 61st day after the date the authority |
|
|
receives the petition, the board shall hold a hearing to consider |
|
|
the petition. The board may grant the petition and order the |
|
|
territory described in the petition to be included in the |
|
|
authority's territory if: |
|
|
(1) it is feasible, practicable, and to the advantage |
|
|
of the authority; and |
|
|
(2) the authority's system and other improvements of |
|
|
the authority are sufficient or will be sufficient to supply the |
|
|
added territory without injuring the territory already included in |
|
|
the authority. |
|
|
(d) If the board grants the petition, the board shall file |
|
|
for recording in the office of the county clerk of Harris County: |
|
|
(1) a copy of the order; and |
|
|
(2) a description of the authority's boundaries as |
|
|
they exist after the inclusion of the territory. |
|
|
(e) The order including the territory is effective |
|
|
immediately after the order and description are recorded. |
|
|
(f) Except as provided by Subsection (g), a district that |
|
|
petitions to be included in the authority's territory is subject to |
|
|
the fees and reimbursements that are in effect at the time of the |
|
|
district's petition and are applicable to such a petitioner. |
|
|
(g) The authority may not require a district that petitioned |
|
|
before January 1, 2002, to be included in the authority's territory |
|
|
to pay a fee to the authority for admission or reimbursement for |
|
|
activities the authority has undertaken since the authority's |
|
|
creation in the furtherance of the authority's duties and |
|
|
functions. (Acts 76th Leg., R.S., Ch. 1029, Sec. 1.045.) |
|
|
SUBCHAPTER C. AUTHORITY ADMINISTRATION |
|
|
Sec. 8888.101. COMPOSITION OF BOARD. The authority is |
|
|
governed by a board of five elected directors. (Acts 76th Leg., |
|
|
R.S., Ch. 1029, Secs. 2.01(a), 2.02(a) (part).) |
|
|
Sec. 8888.102. ELECTION OF DIRECTORS. (a) One director is |
|
|
elected from each of five single-member voting districts by the |
|
|
voters of the voting district. |
|
|
(b) A person shall indicate on the application for a place |
|
|
on the ballot the voting district the person seeks to represent. |
|
|
(c) In the manner described by Section 49.103(d), Water |
|
|
Code, the board shall redraw the single-member voting districts as |
|
|
soon as practicable after each federal decennial census and as |
|
|
otherwise required by law. |
|
|
(d) At the first election after each time the voting |
|
|
districts are redrawn: |
|
|
(1) five new directors shall be elected to represent |
|
|
the single-member voting districts; and |
|
|
(2) the directors elected shall draw lots to determine |
|
|
the directors' terms so that: |
|
|
(A) two directors serve two-year terms; and |
|
|
(B) three directors serve four-year terms. |
|
|
(e) Subchapter C, Chapter 146, Election Code, applies to the |
|
|
consideration of votes for a write-in candidate for director as if |
|
|
the authority were a municipality. (Acts 76th Leg., R.S., Ch. 1029, |
|
|
Sec. 2.02.) |
|
|
Sec. 8888.103. ELECTION DATE. The authority shall hold an |
|
|
election to elect the appropriate number of directors to the board |
|
|
on a uniform election date in each even-numbered year. (Acts 76th |
|
|
Leg., R.S., Ch. 1029, Sec. 2.06.) |
|
|
Sec. 8888.104. QUALIFICATION FOR OFFICE. To be eligible to |
|
|
serve as a director, a person must be a qualified voter in the |
|
|
voting district from which the person is elected or appointed. |
|
|
(Acts 76th Leg., R.S., Ch. 1029, Sec. 2.01(c).) |
|
|
Sec. 8888.105. BOARD VACANCY. (a) The board shall appoint |
|
|
a person to fill a vacancy in the office of director. |
|
|
(b) The appointed person 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 76th Leg., R.S., Ch. |
|
|
1029, Sec. 2.01(b).) |
|
|
Sec. 8888.106. MEETINGS. The board shall meet at least four |
|
|
times each year and may meet at any other time the board considers |
|
|
appropriate. (Acts 76th Leg., R.S., Ch. 1029, Sec. 3.01.) |
|
|
Sec. 8888.107. GENERAL MANAGER. (a) The board shall employ |
|
|
a general manager to serve as the chief administrative officer of |
|
|
the authority. The board may delegate to the general manager the |
|
|
full authority to manage and operate the affairs of the authority |
|
|
subject only to the orders of the board. |
|
|
(b) The duties of the general manager include: |
|
|
(1) administering board orders; |
|
|
(2) coordinating with state, federal, and local |
|
|
agencies; |
|
|
(3) overseeing development of authority plans and |
|
|
programs; and |
|
|
(4) performing other duties assigned by the board. |
|
|
(c) The board shall determine the terms of office and |
|
|
employment and the compensation of the general manager. |
|
|
(d) The board may discharge the general manager by a |
|
|
majority vote of the board. (Acts 76th Leg., R.S., Ch. 1029, Sec. |
|
|
3.02.) |
|
|
Sec. 8888.108. EMPLOYEES. (a) The general manager shall |
|
|
employ all persons necessary to properly handle authority business |
|
|
and operations. The general manager may employ attorneys, |
|
|
bookkeepers, engineers, and other expert and specialized employees |
|
|
the board considers necessary. |
|
|
(b) The general manager shall determine the compensation to |
|
|
be paid by the authority. |
|
|
(c) The general manager may discharge an authority |
|
|
employee. (Acts 76th Leg., R.S., Ch. 1029, Secs. 3.03(a), (b).) |
|
|
Sec. 8888.109. FIDELITY BOND. The general manager and each |
|
|
authority employee or contractor who is charged with the |
|
|
collection, custody, or payment of any authority money shall |
|
|
execute a fidelity bond in an amount determined by the board and in |
|
|
a form and with a surety approved by the board. The authority shall |
|
|
pay for the bond. (Acts 76th Leg., R.S., Ch. 1029, Sec. 3.03(c).) |
|
|
SUBCHAPTER D. POWERS AND DUTIES |
|
|
Sec. 8888.151. GENERAL POWERS AND DUTIES. (a) The |
|
|
authority has the rights, powers, privileges, functions, and duties |
|
|
necessary and convenient to accomplish the purposes of this |
|
|
chapter, including those provided by Chapter 49, Water Code. |
|
|
(b) The authority shall exercise its rights, powers, and |
|
|
privileges in a manner that will promote regionalization of water |
|
|
treatment and distribution. (Acts 76th Leg., R.S., Ch. 1029, Secs. |
|
|
4.01(a), (d).) |
|
|
Sec. 8888.152. ADDITIONAL POWERS. The authority may: |
|
|
(1) provide for the conservation, preservation, |
|
|
protection, recharge, and prevention of waste of groundwater in a |
|
|
manner consistent with the purposes of Section 59, Article XVI, |
|
|
Texas Constitution; |
|
|
(2) for the purposes of reducing groundwater |
|
|
withdrawals and subsidence, acquire or develop surface water and |
|
|
groundwater supplies from sources inside or outside the authority |
|
|
and may conserve, store, transport, treat, purify, distribute, |
|
|
sell, and deliver water to persons inside and outside the |
|
|
authority; |
|
|
(3) coordinate water services provided inside, |
|
|
outside, or into the authority; |
|
|
(4) provide for the reduction of groundwater |
|
|
withdrawals by the development, implementation, or enforcement of a |
|
|
groundwater reduction plan as provided by Section 8888.157; |
|
|
(5) identify sources of water other than groundwater |
|
|
to be provided by the authority; |
|
|
(6) specify the rates and terms under which sources of |
|
|
water other than groundwater will be provided by the authority, |
|
|
which may be changed as considered necessary by the authority; |
|
|
(7) specify the dates and extent to which each person |
|
|
in the authority shall accept water from the authority; and |
|
|
(8) administer and enforce this chapter. (Acts 76th |
|
|
Leg., R.S., Ch. 1029, Sec. 4.01(b) (part).) |
|
|
Sec. 8888.153. AUTHORITY RULES. (a) The authority shall |
|
|
adopt and enforce rules reasonably required to implement this |
|
|
chapter, including rules governing procedures before the board. |
|
|
(b) The board shall compile the authority's rules in a book |
|
|
and make the rules available for use and inspection at the |
|
|
authority's principal office. (Acts 76th Leg., R.S., Ch. 1029, Sec. |
|
|
4.02.) |
|
|
Sec. 8888.154. FEES, RATES, AND CHARGES. As necessary to |
|
|
enable the authority to fulfill the authority's purposes and |
|
|
regulatory obligations provided by this chapter, the authority may |
|
|
establish: |
|
|
(1) fees, rates, and charges; and |
|
|
(2) classifications of fee and rate payers. (Acts 76th |
|
|
Leg., R.S., Ch. 1029, Sec. 4.03(a).) |
|
|
Sec. 8888.155. FEE AMOUNTS. Fees established by the board |
|
|
must be sufficient to: |
|
|
(1) achieve water conservation; |
|
|
(2) prevent waste of water; |
|
|
(3) serve as a disincentive to pumping groundwater; |
|
|
(4) accomplish the purposes of this chapter, including |
|
|
making available alternative water supplies; |
|
|
(5) enable the authority to meet operation and |
|
|
maintenance expenses; and |
|
|
(6) pay the principal of and interest on debt issued in |
|
|
connection with the exercise of the authority's general powers and |
|
|
duties. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.03(c).) |
|
|
Sec. 8888.156. PRODUCTION FEES. (a) The authority may |
|
|
charge the owner of a well located in the authority a fee on the |
|
|
amount of water pumped from the well. The board shall establish the |
|
|
rate of a fee under this subsection only after a special meeting on |
|
|
the fee. |
|
|
(b) The board by rule shall exempt from the fee established |
|
|
under Subsection (a) each class of wells that is not subject to a |
|
|
groundwater reduction requirement imposed by the subsidence |
|
|
district. If an exempted class of wells becomes subject to a |
|
|
groundwater reduction requirement imposed by the subsidence |
|
|
district, the authority may charge the fee established under |
|
|
Subsection (a) on the wells of that class. The board by rule may |
|
|
exempt any other class of wells from the fee established under |
|
|
Subsection (a). |
|
|
(c) Notwithstanding any other law, the authority may charge |
|
|
a fee established under Subsection (a) on a well or class of wells |
|
|
located in the authority that, on or after June 30, 2013: |
|
|
(1) ceases to be subject to a groundwater reduction |
|
|
requirement imposed by the subsidence district; or |
|
|
(2) is no longer subject to the regulatory provisions, |
|
|
permitting requirements, or jurisdiction of the subsidence |
|
|
district. |
|
|
(d) The board may not apply the fee established under |
|
|
Subsection (a) to a well: |
|
|
(1) with a casing diameter of less than five inches |
|
|
that serves a single-family dwelling; |
|
|
(2) regulated under Chapter 27, Water Code; |
|
|
(3) used for irrigation of agricultural crops; or |
|
|
(4) used solely for electric generation. (Acts 76th |
|
|
Leg., R.S., Ch. 1029, Secs. 4.03(b), (e).) |
|
|
Sec. 8888.157. GROUNDWATER REDUCTION PLAN. (a) The |
|
|
authority may develop, implement, participate in, and enforce a |
|
|
groundwater reduction plan. The groundwater reduction plan is |
|
|
binding on persons and wells in the authority. |
|
|
(b) The groundwater reduction plan may be amended at the |
|
|
discretion of the authority subject to the requirements and |
|
|
procedures of the subsidence district applicable to the amendment |
|
|
of groundwater reduction plans. |
|
|
(c) The groundwater reduction plan may exceed the minimum |
|
|
requirements imposed by the subsidence district, including any |
|
|
applicable groundwater reduction requirements. |
|
|
(d) The authority may contract on mutually agreeable terms |
|
|
with a person located outside the authority to allow the person to |
|
|
be included in the groundwater reduction plan. A contract entered |
|
|
into under this subsection has the same force and effect as if the |
|
|
person were located in the authority, except that the person is not |
|
|
entitled to vote in an election for members of the board. (Acts 76th |
|
|
Leg., R.S., Ch. 1029, Secs. 4.01(e), (f), (g), (h).) |
|
|
Sec. 8888.158. WATER SUPPLY AND DROUGHT CONTINGENCY PLANS. |
|
|
As needed but not less frequently than every five years, the |
|
|
authority by rule shall develop, prepare, revise, and adopt |
|
|
comprehensive water supply and drought contingency plans for |
|
|
various areas of the authority. The plans must: |
|
|
(1) be consistent with regional planning; and |
|
|
(2) include 10-year, 20-year, and 50-year projections |
|
|
of water needs in the authority. (Acts 76th Leg., R.S., Ch. 1029, |
|
|
Sec. 4.05.) |
|
|
Sec. 8888.159. ACQUISITION, CONSTRUCTION, AND OPERATION OF |
|
|
SYSTEMS. (a) The authority may: |
|
|
(1) by purchase, gift, lease, contract, or any other |
|
|
legal means, acquire and provide a water treatment or supply |
|
|
system, or any other work, plant, improvement, or facility |
|
|
necessary or convenient to accomplish the purposes of the |
|
|
authority, or any interest in those assets, inside or outside the |
|
|
authority; |
|
|
(2) design, finance, or construct a water treatment or |
|
|
supply system, or other supply system, or any other work, plant, |
|
|
improvement, or facility necessary or convenient to accomplish the |
|
|
purposes of the authority, and provide water services inside or |
|
|
outside the authority; |
|
|
(3) maintain, operate, lease, or sell a water |
|
|
treatment or supply system, or any other work, plant, improvement, |
|
|
or facility necessary or convenient to accomplish the purposes of |
|
|
the authority, that the authority constructs or acquires inside or |
|
|
outside the authority; or |
|
|
(4) contract with a person who owns a water treatment |
|
|
or supply system to operate or maintain the system. |
|
|
(b) The authority shall give a person outside the authority, |
|
|
including the City of Houston, the option to contract for available |
|
|
excess capacity of the authority's water treatment or supply system |
|
|
or, before construction of a water treatment or supply system |
|
|
begins, for additional capacity of the system. The authority must |
|
|
offer a contract that would enable the person to pay for the excess |
|
|
or additional capacity in accordance with the person's pro rata |
|
|
share of the capital investment and operational and maintenance |
|
|
costs for providing the excess or additional capacity. (Acts 76th |
|
|
Leg., R.S., Ch. 1029, Sec. 4.06.) |
|
|
Sec. 8888.160. STORAGE, SALE, OR REUSE OF WATER OR |
|
|
BY-PRODUCT. The authority may store, sell, or reuse: |
|
|
(1) water; or |
|
|
(2) any by-product from the authority's operations. |
|
|
(Acts 76th Leg., R.S., Ch. 1029, Sec. 4.07.) |
|
|
Sec. 8888.161. GENERAL CONTRACTING AUTHORITY. (a) The |
|
|
authority may enter into a contract with any person on terms the |
|
|
board considers desirable, fair, and advantageous for the |
|
|
performance of its rights and powers under this chapter. |
|
|
(b) The authority may enter into a contract with any person |
|
|
regarding the performance of any purpose or function of the |
|
|
authority, including a contract to jointly construct, finance, own, |
|
|
or operate works, improvements, facilities, plants, equipment, or |
|
|
appliances necessary to accomplish a purpose or function of the |
|
|
authority. A contract may be of unlimited duration. |
|
|
(c) Notwithstanding any inconsistent provision of general |
|
|
law or of a home-rule municipal charter or ordinance, the authority |
|
|
and a municipality may, after January 1, 2002, enter into a contract |
|
|
of unlimited duration. (Acts 76th Leg., R.S., Ch. 1029, Secs. |
|
|
4.01(b) (part), 4.09(a), 4.10(d); Acts 78th Leg., R.S., Ch. 381, |
|
|
Sec. 6.) |
|
|
Sec. 8888.162. SPECIFIC CONTRACTING AUTHORITY. The |
|
|
authority may contract for: |
|
|
(1) the purchase or sale of water or water rights; |
|
|
(2) the performance of activities within the powers of |
|
|
the authority to promote the continuing and orderly development of |
|
|
land and property in the authority through the purchase, |
|
|
construction, or installation of works, improvements, facilities, |
|
|
plants, equipment, or appliances so that, to the greatest extent |
|
|
possible considering sound engineering practices and economic |
|
|
feasibility, all the land and property in the authority may receive |
|
|
services of the works, improvements, facilities, plants, |
|
|
equipment, or appliances of the authority; or |
|
|
(3) the construction, ownership, maintenance, or |
|
|
operation of any works, improvements, facilities, plants, |
|
|
equipment, or appliances of the authority or another person. (Acts |
|
|
76th Leg., R.S., Ch. 1029, Sec. 4.09(c).) |
|
|
Sec. 8888.163. PURCHASE OF SURPLUS PROPERTY. (a) The |
|
|
authority may purchase surplus property from this state, the United |
|
|
States, or another public entity through a negotiated contract |
|
|
without bids. |
|
|
(b) An officer, agent, or employee of the authority who is |
|
|
financially interested in a contract described by Subsection (a) |
|
|
shall disclose the interest to the board before the board votes on |
|
|
the acceptance of the contract. (Acts 76th Leg., R.S., Ch. 1029, |
|
|
Secs. 4.09(d), (e).) |
|
|
Sec. 8888.164. PURCHASE OF INTEREST IN PROJECT. The |
|
|
authority may purchase an interest in a project used for a purpose |
|
|
or function of the authority. (Acts 76th Leg., R.S., Ch. 1029, Sec. |
|
|
4.09(b).) |
|
|
Sec. 8888.165. COOPERATION WITH PUBLIC ENTITIES. (a) In |
|
|
implementing this chapter, the board may cooperate with and request |
|
|
the assistance of the Texas Water Development Board, the |
|
|
commission, the United States Geological Survey, the subsidence |
|
|
district, other local governments, and other agencies of the United |
|
|
States and this state. |
|
|
(b) The subsidence district may: |
|
|
(1) enter into an interlocal contract with the |
|
|
authority to carry out the authority's purposes; and |
|
|
(2) carry out the governmental functions and services |
|
|
specified in the interlocal contract. |
|
|
(c) The board shall coordinate with the City of Houston to |
|
|
develop an interregional plan for a system to distribute treated |
|
|
surface water in an economical and efficient manner. (Acts 76th |
|
|
Leg., R.S., Ch. 1029, Secs. 4.10(a), (b), (c).) |
|
|
Sec. 8888.166. SURFACE WATER DELIVERY SYSTEM. (a) In this |
|
|
section, "surface water delivery system": |
|
|
(1) includes a facility that is to be constructed and |
|
|
that will be: |
|
|
(A) used to transport groundwater between |
|
|
utility districts; |
|
|
(B) used temporarily to transport groundwater |
|
|
between utility districts if there is a reasonable probability that |
|
|
the facility will be used for that purpose on a permanent basis in |
|
|
the future; or |
|
|
(C) necessary to accomplish an authority |
|
|
purpose, including management of water, water conservation, or |
|
|
water reuse; and |
|
|
(2) does not include the use of the bed and banks to |
|
|
transport water or wastewater. |
|
|
(b) The authority may expedite the financing and |
|
|
construction of a surface water delivery system, or other projects |
|
|
of the authority, to accomplish a conversion from reliance on |
|
|
groundwater to reliance on surface water not later than the earlier |
|
|
of: |
|
|
(1) the date required by the subsidence district; or |
|
|
(2) the date determined by the board to be in the |
|
|
interest of the authority or one or more districts inside or outside |
|
|
the authority. |
|
|
(c) It is the intent of the legislature that the commission |
|
|
cooperate with and assist the authority in developing a surface |
|
|
water delivery system or other authority project in an expedited |
|
|
manner as provided by Subsection (b). |
|
|
(d) The commission and the authority may enter into a |
|
|
memorandum of understanding that relates to the construction of a |
|
|
surface water delivery system. The memorandum of understanding |
|
|
may: |
|
|
(1) establish standard procedures for the commission |
|
|
to grant conditional or final approval of authority construction |
|
|
projects; |
|
|
(2) establish standing waivers or conditions |
|
|
applicable to those construction projects; |
|
|
(3) delegate powers to the authority to carry out any |
|
|
commission duty relating to an activity that the authority may |
|
|
undertake if the delegation: |
|
|
(A) does not violate federal law; and |
|
|
(B) is not inconsistent with any agreement of |
|
|
this state with, or any delegation of authority to this state from, |
|
|
the United States Environmental Protection Agency; |
|
|
(4) set minimum standards for construction or other |
|
|
projects; or |
|
|
(5) address any other matter that relates to an |
|
|
activity that the authority may undertake and that the commission |
|
|
may regulate. (Acts 76th Leg., R.S., Ch. 1029, Secs. 4.10(e), (f), |
|
|
(g) (part), (j).) |
|
|
Sec. 8888.167. CONDITIONAL APPROVAL OF CONSTRUCTION |
|
|
PROJECTS. (a) The commission may grant conditional approval of a |
|
|
construction project or waive a requirement of any law or |
|
|
commission rule with respect to a construction project if the |
|
|
conditional approval or waiver does not compromise public health or |
|
|
safety. |
|
|
(b) If the commission grants conditional approval of or a |
|
|
waiver for a construction project, the authority shall make any |
|
|
subsequent changes required by the commission in the construction |
|
|
project necessary to protect the public health or safety. |
|
|
(c) The commission may not require that the authority enter |
|
|
into a contract with another person as a condition for approving an |
|
|
authority construction project. The authority may meet the |
|
|
authority's obligations under commission rules that require |
|
|
certain issues to be addressed by contract by adopting rules that |
|
|
address the commission issues and that allocate responsibility as |
|
|
necessary between the authority and a person in the authority. |
|
|
(Acts 76th Leg., R.S., Ch. 1029, Secs. 4.10(g) (part), (h), (i).) |
|
|
Sec. 8888.168. STATEMENT OF AMOUNTS OF WATER TO BE |
|
|
DELIVERED. To comply with commission rules that would require the |
|
|
authority to state specific amounts of water that may or will be |
|
|
provided to another entity receiving water from the authority, the |
|
|
authority may state the amount in ranges that the authority may |
|
|
change on prompt notification to the commission. (Acts 76th Leg., |
|
|
R.S., Ch. 1029, Sec. 4.10(k).) |
|
|
Sec. 8888.169. EFFECT OF MUNICIPAL ANNEXATION ON FEES AND |
|
|
SERVICES. (a) Except to the extent the authority agrees in |
|
|
writing, a municipality's annexation of territory that is in the |
|
|
authority does not affect the authority's ability to assess and |
|
|
collect inside the annexed territory the types of fees, rates, |
|
|
charges, or special assessments that the authority was assessing |
|
|
and collecting at the time the municipality initiated the |
|
|
annexation. |
|
|
(b) The authority's ability to assess and collect the types |
|
|
of fees, rates, charges, or special assessments described by |
|
|
Subsection (a) terminates on the later of: |
|
|
(1) the date of final payment or defeasance of any |
|
|
bonds or other indebtedness, including any refunding bonds, that |
|
|
are secured by those fees, rates, charges, or special assessments; |
|
|
or |
|
|
(2) the date that the authority no longer provides |
|
|
services inside the annexed territory. |
|
|
(c) The authority shall continue to provide services to the |
|
|
annexed territory in accordance with contracts in effect at the |
|
|
time of the annexation unless a written agreement between the board |
|
|
and the governing body of the municipality provides otherwise. |
|
|
(Acts 76th Leg., R.S., Ch. 1029, Sec. 1.03(d).) |
|
|
Sec. 8888.170. CIVIL PENALTY; CIVIL ACTION; INJUNCTION. |
|
|
(a) A person who violates a rule or order of the authority is |
|
|
subject to a civil penalty of not less than $50 and not more than |
|
|
$5,000 for each violation or each day of a continuing violation. |
|
|
(b) The authority may bring an action to recover the penalty |
|
|
in a district court in the county where the violation occurred. The |
|
|
penalty shall be paid to the authority. |
|
|
(c) The authority may bring an action for injunctive relief |
|
|
in a district court in the county where a violation of an authority |
|
|
rule or order occurs or is threatened to occur. The court may grant |
|
|
to the authority, without bond or other undertaking, a prohibitory |
|
|
or mandatory injunction that the facts warrant, including a |
|
|
temporary restraining order, temporary injunction, or permanent |
|
|
injunction. |
|
|
(d) The authority may bring an action for a civil penalty |
|
|
and injunctive relief in the same proceeding. |
|
|
(e) The authority may bring an action in a district court |
|
|
against a person located in the authority or included in the |
|
|
authority's groundwater reduction plan to: |
|
|
(1) recover any fees, rates, charges, assessments, |
|
|
collection expenses, attorney's fees, interest, penalties, or |
|
|
administrative penalties due the authority; or |
|
|
(2) enforce the authority's rules or orders. |
|
|
(f) Governmental immunity from suit or liability of a |
|
|
district or other political subdivision is waived for the purposes |
|
|
of an action described by Subsection (e). (Acts 76th Leg., R.S., |
|
|
Ch. 1029, Sec. 4.04.) |
|
|
Sec. 8888.171. EMINENT DOMAIN. (a) The authority may |
|
|
exercise the power of eminent domain in the authority to acquire |
|
|
property of any kind to further the authorized purposes of the |
|
|
authority. |
|
|
(b) The authority may exercise the power of eminent domain |
|
|
outside the authority to acquire any land, easements, or other |
|
|
property for the purpose of pumping, treating, storing, or |
|
|
transporting water. |
|
|
(c) The authority may not exercise the power of eminent |
|
|
domain under Subsection (b): |
|
|
(1) for the condemnation of land for the purpose of |
|
|
acquiring groundwater rights, water, or water rights; or |
|
|
(2) to acquire property of any kind that is: |
|
|
(A) owned by a municipality with a population of |
|
|
1.6 million or more or any instrumentality of a municipality with a |
|
|
population of 1.6 million or more, including any local government |
|
|
corporation created by the municipality; or |
|
|
(B) located in the corporate boundaries of a |
|
|
municipality with a population of 1.6 million or more as of February |
|
|
1, 2001. |
|
|
(d) Notwithstanding Subsection (c)(2)(B), the authority may |
|
|
exercise the power of eminent domain under Subsection (b) to |
|
|
acquire property in the corporate boundaries of a municipality with |
|
|
a population of 1.6 million or more if: |
|
|
(1) the condemnation is to be used to provide |
|
|
facilities between two points that are in the authority and the area |
|
|
in the municipality is bounded by a line parallel to and 150 feet |
|
|
north of the north side of Greens Bayou and by a line parallel to and |
|
|
150 feet south of the south side of Greens Bayou; |
|
|
(2) annexation of the territory by the municipality |
|
|
was completed between January 1, 1962, and January 1, 1964; or |
|
|
(3) the municipality grants permission for the |
|
|
condemnation. |
|
|
(e) The authority may not exercise the power of eminent |
|
|
domain to acquire property of any kind in Galveston County. |
|
|
(f) The authority must exercise the power of eminent domain |
|
|
in the manner provided by Chapter 21, Property Code. The authority |
|
|
is not required to give bond for appeal or bond for costs in a |
|
|
condemnation suit, or other suit to which the authority is a party, |
|
|
and is not required to deposit more than the amount of an award in a |
|
|
suit. |
|
|
(g) The authority may elect to condemn either the fee simple |
|
|
or a lesser property interest when exercising the power of eminent |
|
|
domain. |
|
|
(h) The authority's authority under this section to |
|
|
exercise the power of eminent domain expired on September 1, 2013, |
|
|
unless the authority submitted a letter to the comptroller in |
|
|
accordance with Section 2206.101(b), Government Code, not later |
|
|
than December 31, 2012. (Acts 76th Leg., R.S., Ch. 1029, Secs. |
|
|
4.08(a), (b), (c), (d), (e); New.) |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8888.201. GIFT OR GRANT FROM SUBSIDENCE DISTRICT. The |
|
|
authority may accept a gift or grant from money collected by the |
|
|
subsidence district under Chapter 8801 to fund a water treatment or |
|
|
supply system. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.11 (part).) |
|
|
Sec. 8888.202. AUTHORIZATION OF DISBURSEMENT. A |
|
|
disbursement of the authority must be signed by at least two |
|
|
directors. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.12(b) (part).) |
|
|
Sec. 8888.203. AD VALOREM TAX PROHIBITED. The authority |
|
|
may not impose an ad valorem tax. (Acts 76th Leg., R.S., Ch. 1029, |
|
|
Sec. 4.13.) |
|
|
Sec. 8888.204. COOPERATIVE FUNDING. (a) The authority may |
|
|
develop a procedure for funding cooperatively a project of the |
|
|
authority with money from a political subdivision located entirely |
|
|
in the authority, and may develop a procedure for funding |
|
|
cooperatively a project of the authority with money from a |
|
|
political subdivision located wholly or partly outside the |
|
|
authority, a water supply corporation, or other private entity, if |
|
|
the authority project fulfills a governmental purpose of both the |
|
|
authority and the political subdivision, or fulfills a governmental |
|
|
purpose of the authority that the authority determines would be |
|
|
furthered by cooperative funding from a private entity. |
|
|
(b) A political subdivision may enter into a contract with |
|
|
the authority for the political subdivision to finance a portion of |
|
|
the proposed project with the political subdivision's resources |
|
|
instead of using only the proceeds from bonds of the authority for |
|
|
that purpose. The contract must be executed before the authority |
|
|
issues the bonds. As provided in the contract, the authority may: |
|
|
(1) reduce the value of the bond issuance to the degree |
|
|
that the political subdivision provides project funding; and |
|
|
(2) credit the political subdivision for the political |
|
|
subdivision's contribution to the project financing and adjust the |
|
|
allocation of revenue pledged to the payment of the bonds so that |
|
|
the authority avoids using, to a degree reasonably commensurate |
|
|
with the contribution, revenue from the political subdivision to |
|
|
service the authority's bond debt or interest. (Acts 76th Leg., |
|
|
R.S., Ch. 1029, Sec. 5.05.) |
|
|
SUBCHAPTER F. NOTES AND BONDS |
|
|
Sec. 8888.251. REVENUE NOTES. (a) The board, without an |
|
|
election, may borrow money on negotiable notes of the authority |
|
|
payable solely from the revenue from any source, including: |
|
|
(1) tolls, charges, and fees the authority imposes; |
|
|
(2) the sale of water, water or sewer services, or any |
|
|
other service or product of the authority; |
|
|
(3) grants or gifts; |
|
|
(4) the ownership and operation of all or a designated |
|
|
part of the authority's works, improvements, facilities, plants, or |
|
|
equipment; and |
|
|
(5) contracts between the authority and any person. |
|
|
(b) The notes may be first or subordinate lien notes at the |
|
|
board's discretion. An obligation may not be a charge on the |
|
|
property of the authority. An obligation may only be a charge on |
|
|
revenue pledged for the payment of the obligation. (Acts 76th Leg., |
|
|
R.S., Ch. 1029, Sec. 5.01.) |
|
|
Sec. 8888.252. REVENUE AND BOND ANTICIPATION NOTES. (a) |
|
|
The board may issue negotiable revenue anticipation notes or |
|
|
negotiable bond anticipation notes to borrow the money needed by |
|
|
the authority without advertising or giving notice of the sale. |
|
|
(b) The board may also issue negotiable combination revenue |
|
|
and bond anticipation notes. Negotiable combination revenue and |
|
|
bond anticipation notes may contain any term authorized under this |
|
|
section for revenue anticipation notes or bond anticipation notes. |
|
|
(c) Any note issued must mature not later than one year |
|
|
after its date of issuance. |
|
|
(d) A revenue anticipation note: |
|
|
(1) may be issued to enable the authority to carry out |
|
|
any purpose authorized by this chapter; and |
|
|
(2) must be secured by the proceeds of revenue to be |
|
|
collected by the authority in the 12-month period following the |
|
|
date of issuance of the note. |
|
|
(e) The board may covenant with the purchasers of revenue |
|
|
anticipation notes that the board will charge and collect |
|
|
sufficient revenue to pay the principal of and interest on the notes |
|
|
and pay the cost of collecting the revenue. |
|
|
(f) A bond anticipation note may be issued: |
|
|
(1) for any purpose for which a bond of the authority |
|
|
may be issued; or |
|
|
(2) to refund previously issued revenue or bond |
|
|
anticipation notes. |
|
|
(g) The authority may covenant with the purchasers of the |
|
|
bond anticipation notes that the authority will use the proceeds of |
|
|
the sale of any bonds in the process of issuance for the purpose of |
|
|
refunding the bond anticipation notes, in which case the board |
|
|
shall use the proceeds received from the sale of the bonds in the |
|
|
process of issuance to pay the principal, interest, or redemption |
|
|
price on the bond anticipation notes. |
|
|
(h) For purposes of Section 1202.007, Government Code, a |
|
|
note issued under this section is considered to be payable only out |
|
|
of: |
|
|
(1) current revenue collected in the year the note is |
|
|
issued; or |
|
|
(2) the proceeds of other public securities. (Acts |
|
|
76th Leg., R.S., Ch. 1029, Sec. 5.01A.) |
|
|
Sec. 8888.253. BONDS AND NOTES. (a) To carry out a power |
|
|
conferred by this chapter, the authority may issue bonds secured by |
|
|
all or part of the revenue from any source, including any source |
|
|
described by Section 8888.251(a). |
|
|
(b) In issuing or securing a bond or note of the authority, |
|
|
the authority may exercise any power of an issuer under Chapter |
|
|
1371, Government Code. |
|
|
(c) The authority may conduct a public, private, or |
|
|
negotiated sale of the bonds. |
|
|
(d) The bonds must: |
|
|
(1) be authorized by board resolution; |
|
|
(2) be issued in the authority's name; |
|
|
(3) be signed by the board president or vice |
|
|
president; |
|
|
(4) be attested by the board secretary; and |
|
|
(5) bear the authority's seal or facsimile seal. |
|
|
(e) The bonds may be secured by an indenture of trust with a |
|
|
corporate trustee. |
|
|
(f) The authority may issue bonds in more than one series as |
|
|
required for carrying out the purposes of this chapter. In issuing |
|
|
bonds secured by the authority's revenue, the authority may reserve |
|
|
the right to issue additional bonds secured by the authority's |
|
|
revenue that are on a parity with or are senior or subordinate to |
|
|
the bonds issued earlier. |
|
|
(g) The resolution authorizing the bonds or the trust |
|
|
indenture securing the bonds may specify additional provisions that |
|
|
constitute a contract between the authority and the authority's |
|
|
bondholders. The board may provide for: |
|
|
(1) additional bond provisions; and |
|
|
(2) a corporate trustee or receiver to take possession |
|
|
of the authority's facilities if the authority defaults. |
|
|
(h) Section 49.181, Water Code, does not apply to bonds or |
|
|
notes issued by the authority. (Acts 76th Leg., R.S., Ch. 1029, |
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|
Secs. 5.02(a), (b), (c), (d) (part), (e), (f), (g), (h).) |
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|
Sec. 8888.254. BONDS SECURED BY CONTRACT PROCEEDS: |
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|
APPROVAL. (a) If bonds issued under this subchapter are secured by |
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|
a pledge of the proceeds of a contract between the authority and a |
|
|
municipality or other governmental agency, authority, or district, |
|
|
the authority shall submit to the attorney general a copy of the |
|
|
contract and the proceedings of the municipality or other |
|
|
governmental agency, authority, or district authorizing the |
|
|
contract. |
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|
(b) If the attorney general finds that the bonds have been |
|
|
authorized and the contract has been made in accordance with law, |
|
|
the attorney general shall approve the bonds and contract. (Acts |
|
|
76th Leg., R.S., Ch. 1029, Sec. 5.04 (part).) |
|
|
Sec. 8888.255. REFUNDING BONDS. The provisions of this |
|
|
subchapter regarding the issuance of other bonds, their security, |
|
|
and the remedies of the holders apply to refunding bonds. (Acts |
|
|
76th Leg., R.S., Ch. 1029, Sec. 5.03.) |
|
|
Sec. 8888.256. VALIDITY OF BONDS AFTER ADDITION OF |
|
|
TERRITORY. The annexation or addition of territory to the |
|
|
authority under Section 8888.052 or 8888.053 does not affect the |
|
|
validity of bonds issued by the authority. (Acts 76th Leg., R.S., |
|
|
Ch. 1029, Sec. 1.03(h).) |
|
|
SECTION 1.05. Subtitle I, Title 6, Special District Local |
|
|
Laws Code, is amended by adding Chapters 9048 and 9070 to read as |
|
|
follows: |
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|
CHAPTER 9048. EL PASO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT |
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|
NO. 4 |
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|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9048.001. DEFINITION |
|
|
Sec. 9048.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE |
|
|
Sec. 9048.003. DISTRICT TERRITORY |
|
|
SUBCHAPTER B. POWERS AND DUTIES |
|
|
Sec. 9048.051. GENERAL POWERS AND DUTIES |
|
|
Sec. 9048.052. POWERS RELATING TO SANITARY SEWER |
|
|
SYSTEM |
|
|
SUBCHAPTER C. BONDS |
|
|
Sec. 9048.101. BOND ELECTION REQUIRED |
|
|
CHAPTER 9048. EL PASO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
NO. 4 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9048.001. DEFINITION. In this chapter, "district" |
|
|
means the El Paso County Water Control and Improvement District |
|
|
No. 4. (Acts 54th Leg., R.S., Ch. 58, Sec. 2A(a).) |
|
|
Sec. 9048.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
|
The district is created to serve a public use and benefit. |
|
|
(b) Except for property owned by a railroad or public |
|
|
utility that does not use the facilities of the district, all land |
|
|
included in the boundaries of the district will be benefited. (Acts |
|
|
54th Leg., R.S., Ch. 58, Sec. 2 (part).) |
|
|
Sec. 9048.003. DISTRICT TERRITORY. (a) The district is |
|
|
composed of the territory described by Section 1, Chapter 268, Acts |
|
|
of the 82nd Legislature, Regular Session, 2011, 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 made 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. (Acts |
|
|
54th Leg., R.S., Ch. 58, Secs. 2A(b), (c); New.) |
|
|
SUBCHAPTER B. POWERS AND DUTIES |
|
|
Sec. 9048.051. GENERAL POWERS AND DUTIES. Except as |
|
|
otherwise provided by this chapter, the district has all the |
|
|
rights, powers, privileges, and duties, including the control of |
|
|
storm and flood waters, 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. 58, Sec. 1 (part), Sec. 3 |
|
|
(part); New.) |
|
|
Sec. 9048.052. POWERS RELATING TO SANITARY SEWER SYSTEM. |
|
|
The district may construct, maintain, and operate a sanitary sewer |
|
|
system. (Acts 54th Leg., R.S., Ch. 58, Sec. 1 (part).) |
|
|
SUBCHAPTER C. BONDS |
|
|
Sec. 9048.101. BOND ELECTION REQUIRED. The district may |
|
|
not issue bonds unless the bonds are authorized by a majority of the |
|
|
voters of the district voting at an election held for that purpose. |
|
|
(Acts 54th Leg., R.S., Ch. 58, Sec. 2 (part).) |
|
|
CHAPTER 9070. FAYETTE COUNTY WATER CONTROL AND IMPROVEMENT |
|
|
DISTRICT-MONUMENT HILL |
|
|
Sec. 9070.001. DEFINITION |
|
|
Sec. 9070.002. EXCLUSION OF TERRITORY |
|
|
Sec. 9070.003. RIGHTS OF BONDHOLDERS |
|
|
Sec. 9070.004. TAX LIABILITY OF EXCLUDED TERRITORY |
|
|
CHAPTER 9070. FAYETTE COUNTY WATER CONTROL AND IMPROVEMENT |
|
|
DISTRICT-MONUMENT HILL |
|
|
Sec. 9070.001. DEFINITION. In this chapter, "district" |
|
|
means the Fayette County Water Control and Improvement |
|
|
District-Monument Hill. (Acts 72nd Leg., R.S., Ch. 316, Sec. 1.) |
|
|
Sec. 9070.002. EXCLUSION OF TERRITORY. The boundaries of |
|
|
the district exclude the approximately 100 acres of territory |
|
|
previously included in the district that are located across |
|
|
Buckners Creek from the district. (Acts 72nd Leg., R.S., Ch. 316, |
|
|
Sec. 2.) |
|
|
Sec. 9070.003. RIGHTS OF BONDHOLDERS. The exclusion of |
|
|
territory under this chapter does not diminish or impair the rights |
|
|
of the holders of any outstanding and unpaid bonds, warrants, or |
|
|
other certificates of indebtedness of the district. (Acts 72nd |
|
|
Leg., R.S., Ch. 316, Sec. 3.) |
|
|
Sec. 9070.004. TAX LIABILITY OF EXCLUDED TERRITORY. (a) |
|
|
Territory excluded from the district under Section 9070.002 is not |
|
|
released from the payment of its pro rata share of the district's |
|
|
debt. |
|
|
(b) The district shall continue to impose taxes each year on |
|
|
the excluded territory at the same rate imposed on other district |
|
|
property until the taxes collected from the excluded territory |
|
|
equal its pro rata share of the district's debt at the time the |
|
|
territory was excluded. The taxes collected shall be applied |
|
|
exclusively to the payment of the excluded territory's pro rata |
|
|
share of the debt. |
|
|
(c) The owner of all or part of the excluded territory may |
|
|
pay in full, at any time, the owner's share of the pro rata share of |
|
|
the district's debt. (Acts 72nd Leg., R.S., Ch. 316, Sec. 4.) |
|
|
ARTICLE 2. CONFORMING AMENDMENTS |
|
|
SECTION 2.01. Section 1, Chapter 498, Acts of the 54th |
|
|
Legislature, Regular Session, 1955, is amended to read as follows: |
|
|
Sec. 1. The [creation and establishment of] North Plains |
|
|
Groundwater Conservation District is[,] composed of lands and |
|
|
territories situated within all or a portion of the Texas Counties |
|
|
of Dallam, Hansford, Hartley, Hutchinson, Lipscomb, Moore, |
|
|
Ochiltree and Sherman, the boundaries of said District being |
|
|
described by metes and bounds in order canvassing returns and |
|
|
declaring results of confirmation election, dated January 27, 1955, |
|
|
recorded in Volume 1, Page 53, of the Ground Water Conservation |
|
|
Records of Ochiltree County, Texas, and recorded in Volume 119, |
|
|
Page 21 of the Deed Records of Ochiltree County, Texas[, to which
|
|
|
reference is here made for a more complete description, and which is
|
|
|
incorporated herein by reference the same as if copied herein in
|
|
|
full, is hereby ratified, confirmed and validated. All acts of the
|
|
|
Board of Water Engineers of the State of Texas in regard to the
|
|
|
designation of Subdivision Number Two, of the Groundwater Reservoir
|
|
|
in the Ogallala Formation, North of the Canadian River in Texas,
|
|
|
dated August 16, 1954, in regard to the creation and establishing of
|
|
|
said District, and the appointment of seven (7) directors, and all
|
|
|
acts of the Board of Directors of said District in regard to the
|
|
|
creation and establishment of said District and in regard to
|
|
|
levying and collecting ad valorem taxes by said District are in all
|
|
|
things ratified, confirmed and validated, and said District,
|
|
|
composed of the land and territory described above, is hereby
|
|
|
declared to have been fully and duly created and established and
|
|
|
authorized to collect ad valorem taxes from and after the
|
|
|
confirmation and tax elections held within said District on January
|
|
|
21, 1955]. |
|
|
ARTICLE 3. REPEALERS |
|
|
SECTION 3.01. The following statutes are repealed: |
|
|
(1) Chapter 46, Acts of the 54th Legislature, Regular |
|
|
Session, 1955; |
|
|
(2) Chapter 1168, Acts of the 71st Legislature, |
|
|
Regular Session, 1989; |
|
|
(3) Chapter 21, Acts of the 68th Legislature, Regular |
|
|
Session, 1983; |
|
|
(4) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, |
|
|
15, 16, 17, 18, 19, 20, 21, and 22, Chapter 141, Acts of the 54th |
|
|
Legislature, Regular Session, 1955; |
|
|
(5) Sections 1, 2(c), 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, |
|
|
13, 14, 15, 16A, 16B, 16C, 16D, 16E, 16F, and 16G, Chapter 1081, |
|
|
Acts of the 68th Legislature, Regular Session, 1983; |
|
|
(6) Sections 3, 4, 5, and 6, Chapter 600, Acts of the |
|
|
70th Legislature, Regular Session, 1987; |
|
|
(7) Chapter 318, Acts of the 72nd Legislature, Regular |
|
|
Session, 1991; |
|
|
(8) Chapter 1200, Acts of the 75th Legislature, |
|
|
Regular Session, 1997; |
|
|
(9) Chapter 350, Acts of the 81st Legislature, Regular |
|
|
Session, 2009; |
|
|
(10) Chapter 524, Acts of the 71st Legislature, |
|
|
Regular Session, 1989; |
|
|
(11) Chapter 22, Acts of the 77th Legislature, Regular |
|
|
Session, 2001; |
|
|
(12) Chapter 64, Acts of the 81st Legislature, Regular |
|
|
Session, 2009; |
|
|
(13) Sections 1, 1A, 2, 4, 5, 6, 7, 8, 9, 10A, 10B, 11, |
|
|
and 12, Chapter 712, Acts of the 71st Legislature, Regular Session, |
|
|
1989; |
|
|
(14) Chapter 1123, Acts of the 80th Legislature, |
|
|
Regular Session, 2007; |
|
|
(15) Chapter 368, Acts of the 74th Legislature, |
|
|
Regular Session, 1995; |
|
|
(16) Chapter 658, Acts of the 82nd Legislature, |
|
|
Regular Session, 2011; |
|
|
(17) Chapter 669, Acts of the 71st Legislature, |
|
|
Regular Session, 1989; |
|
|
(18) Chapter 673, Acts of the 71st Legislature, |
|
|
Regular Session, 1989; |
|
|
(19) Chapter 653, Acts of the 71st Legislature, |
|
|
Regular Session, 1989; |
|
|
(20) Chapter 879, Acts of the 81st Legislature, |
|
|
Regular Session, 2009; |
|
|
(21) Chapter 519, Acts of the 71st Legislature, |
|
|
Regular Session, 1989; |
|
|
(22) Chapter 1173, Acts of the 79th Legislature, |
|
|
Regular Session, 2005; |
|
|
(23) Chapter 46, Acts of the 72nd Legislature, Regular |
|
|
Session, 1991; |
|
|
(24) Chapter 377, Acts of the 69th Legislature, |
|
|
Regular Session, 1985; |
|
|
(25) Chapter 757, Acts of the 72nd Legislature, |
|
|
Regular Session, 1991; |
|
|
(26) Sections 1A, 2, 3, 4, 4a, and 5, Chapter 498, Acts |
|
|
of the 54th Legislature, Regular Session, 1955; |
|
|
(27) Chapter 760, Acts of the 68th Legislature, |
|
|
Regular Session, 1983; |
|
|
(28) Chapter 63, Acts of the 69th Legislature, Regular |
|
|
Session, 1985; |
|
|
(29) Sections 2, 3, 4, and 5, Chapter 1152, Acts of the |
|
|
76th Legislature, Regular Session, 1999; |
|
|
(30) Chapter 644, Acts of the 84th Legislature, |
|
|
Regular Session, 2015; |
|
|
(31) Sections 1.01, 1.02, 1.03(d), 1.03(f), 1.03(g), |
|
|
1.03(h), 1.045, 1.05, and 1.06, Chapter 1029, Acts of the 76th |
|
|
Legislature, Regular Session, 1999; |
|
|
(32) Articles 2, 3, 4, 5, and 6, Chapter 1029, Acts of |
|
|
the 76th Legislature, Regular Session, 1999; |
|
|
(33) Chapter 232, Acts of the 77th Legislature, |
|
|
Regular Session, 2001; |
|
|
(34) Article 12, Chapter 966, Acts of the 77th |
|
|
Legislature, Regular Session, 2001; |
|
|
(35) Section 13.04, Chapter 966, Acts of the 77th |
|
|
Legislature, Regular Session, 2001; |
|
|
(36) Sections 1, 3, 4, 5, 6, and 7, Chapter 1296, Acts |
|
|
of the 77th Legislature, Regular Session, 2001; |
|
|
(37) Sections 39 and 40, Chapter 1423, Acts of the 77th |
|
|
Legislature, Regular Session, 2001; |
|
|
(38) Chapter 381, Acts of the 78th Legislature, |
|
|
Regular Session, 2003; |
|
|
(39) Section 2, Chapter 271, Acts of the 79th |
|
|
Legislature, Regular Session, 2005; |
|
|
(40) Sections 2, 3, 4, 5, and 7, Chapter 321, Acts of |
|
|
the 82nd Legislature, Regular Session, 2011; |
|
|
(41) Chapter 723, Acts of the 83rd Legislature, |
|
|
Regular Session, 2013; |
|
|
(42) Chapter 1343, Acts of the 79th Legislature, |
|
|
Regular Session, 2005; |
|
|
(43) Section 199, Chapter 1163, Acts of the 82nd |
|
|
Legislature, Regular Session, 2011; |
|
|
(44) Sections 1, 2, 2A(a), 2A(b), 2A(c), 3, and 4, |
|
|
Chapter 58, Acts of the 54th Legislature, Regular Session, 1955; |
|
|
(45) Chapter 491, Acts of the 54th Legislature, |
|
|
Regular Session, 1955; |
|
|
(46) Section 2, Chapter 268, Acts of the 82nd |
|
|
Legislature, Regular Session, 2011; |
|
|
(47) Chapter 316, Acts of the 72nd Legislature, |
|
|
Regular Session, 1991; and |
|
|
(48) Sections 2, 3, 6, 7, 8, 9, 10, 11, 13, and 14, |
|
|
Chapter 1196, Acts of the 84th Legislature, Regular Session, 2015. |
|
|
ARTICLE 4. GENERAL MATTERS |
|
|
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 |
|
|
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. |
|
|
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, 2019. |