81R4336 SGA-F
By: Frost H.B. No. 2620
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties, and
operation of the Riverbend Water Resources District; providing
authority to issue bonds and exercise the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Special District Local Laws Code, is
amended by adding Subtitle L to read as follows:
SUBTITLE L. MUNICIPAL WATER DISTRICTS
CHAPTER 9601. RIVERBEND WATER RESOURCES DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9601.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Bond" has the meaning assigned to the term
"public security" by Section 1202.001, Government Code.
(3) "Director" means a person appointed to the board.
(4) "District" means the Riverbend Water Resources
District.
(5) "Member" means a municipality, county, or other
political subdivision that is a member of the district as provided
by Section 9601.005.
Sec. 9601.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district created under and essential
to accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Sec. 9601.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The accomplishment of the purposes stated in this
chapter is for the benefit of the people of this state and the
improvement of their property and industries and will foster and
encourage economic development in this state.
(d) The district, in carrying out the purposes of this
chapter, will be performing an essential public function under the
constitution.
Sec. 9601.004. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to effect the purposes,
powers, rights, and functions stated in this chapter.
Sec. 9601.005. DISTRICT MEMBERS. (a) The district is
composed of the following members:
(1) the City of Annona;
(2) the City of Avery;
(3) the City of DeKalb;
(4) the City of Hooks;
(5) the City of Maud;
(6) the City of New Boston;
(7) the City of Texarkana, Texas;
(8) the City of Wake Village; and
(9) the Red River Redevelopment Authority.
(b) After receipt of a petition from the governing body of a
municipality, county, or other political subdivision that desires
to join the district, the board may add a member to the district, on
terms determined by the board to be in the best interests of the
district.
(c) A member's withdrawal from the district or the cessation
of existence of a member does not affect the validity of the
district or any of the district's powers or duties.
Sec. 9601.006. DISTRICT TERRITORY. (a) The territory of the
district is composed of all the territory contained in:
(1) the cities of Annona, Avery, DeKalb, Hooks, Maud,
New Boston, Texarkana, Texas, and Wake Village; and
(2) the Red River Redevelopment Authority, the
boundaries of which are described by Section 3503.004, including
territory that may be added under Section 3503.005.
(b) The territory of the district also includes all of the
territory:
(1) of any municipality, county, or other political
subdivision that joins the district as a member; and
(2) added to the territory of a member by annexation or
other means.
(c) A defect in the description of the boundaries of a
member or in any past or future proceedings for the annexation of
territory by a member does not affect the validity, powers, or
duties of the district.
Sec. 9601.007. CONFIRMATION ELECTION NOT REQUIRED. (a)
The board is not required to hold an election to confirm the
district's creation.
(b) Sections 49.101-49.105, Water Code, do not apply to the
district.
[Sections 9601.008-9601.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9601.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by its board.
(b) The governing body of each member shall appoint a
director to represent the member on the board and shall promptly
fill a vacancy in that board position in accordance with the
member's policies, resolutions, and procedures.
(c) Except as provided by Subsection (d), directors serve
staggered terms of four years.
(d) A director who is also an elected official of a
political subdivision serves for a term coinciding with the term of
the elected office.
(e) The board shall determine the method of staggering the
terms of the directors.
(f) A director may serve consecutive terms.
Sec. 9601.052. QUALIFICATIONS FOR OFFICE. To be eligible to
be appointed or to serve as a director, a person must be a resident,
qualified voter of the district.
Sec. 9601.053. BOARD RESOLUTIONS; VOTING REQUIREMENTS. (a)
The district shall act through orders or resolutions adopted by the
board.
(b) All directors are entitled to vote.
Sec. 9601.054. OFFICERS AND ASSISTANTS. (a) The board
shall elect a president, vice president, secretary, and treasurer.
(b) The board shall elect the president and vice president
from among the directors.
(c) The president and vice president serve for a one-year
term.
(d) The offices of secretary and treasurer:
(1) may be held by one person; and
(2) are not required to be held by a director.
(e) The board may appoint one or more assistant officers who
are not required to be directors.
(f) A person may not concurrently hold the offices of board
president and secretary.
Sec. 9601.055. MEETINGS. The board shall have regular
meetings at times specified by board resolution or bylaws and shall
have special meetings when called by the board president or by a
number of directors that is equal to or greater than the number of
directors that is one less than a majority of the board.
Sec. 9601.056. TELEPHONE CONFERENCE CALL MEETINGS. (a) The
board may hold an open or closed meeting by telephone conference
call only if:
(1) the meeting is a special called meeting;
(2) immediate action is required; and
(3) convening a quorum of the board at one location is
difficult or impossible.
(b) A telephone conference call meeting is subject to the
notice requirements applicable to other meetings of the board.
(c) Each part of a telephone conference call meeting that is
required to be open to the public shall be made audible to the
public at the location specified in the notice of the meeting as the
location of the meeting.
(d) The location designated in the notice as the location of
the meeting shall provide two-way communication during the entire
telephone conference call meeting, and the identification of each
party to the telephone conference shall be clearly stated prior to
speaking.
(e) Section 551.125, Government Code, does not apply to a
meeting held under this section.
Sec. 9601.057. RECALL. A director may be recalled at any
time by the governing body of the member that appointed the
director.
Sec. 9601.058. COMPENSATION; REIMBURSEMENT. A director is
not entitled to compensation for service on the board but is
entitled to be reimbursed for necessary expenses incurred in the
performance of official duties.
Sec. 9601.059. BOARD POSITION NOT A CIVIL OFFICE OF
EMOLUMENT. (a) A position on the board may not be construed to be a
civil office of emolument for any purpose, including a purpose
described in Section 40, Article XVI, Texas Constitution.
(b) An elected official of any county, municipality, or
other political subdivision in the territory of the district may be
appointed to and serve on the board as a director without penalty or
forfeiture of office.
[Sections 9601.060-9601.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9601.101. GENERAL POWERS. Except as provided by this
chapter, the district may exercise the powers applicable to a
district under Chapter 49, Water Code.
Sec. 9601.102. SPECIFIC POWERS. The district may exercise
any power necessary or appropriate to achieve the purposes of this
chapter, including the power to:
(1) adopt and enforce:
(A) a trade name or trademark;
(B) bylaws and rules for the conduct of the
affairs of the district;
(C) any rule that a water control and improvement
district may adopt and enforce in accordance with Sections
51.127-51.130, Water Code; and
(D) specific rates, charges, fees, or rentals,
and reasonable rules and regulations, for providing any district
commodity, facility, or service;
(2) in the manner and to the extent permitted by this
chapter:
(A) borrow money for a district purpose;
(B) enter into an agreement in connection with
the borrowing;
(C) issue bonds for money borrowed;
(D) provide for and secure the payment of the
bonds; and
(E) provide for the rights of the holders of the
bonds;
(3) acquire any and all storage rights and storage
capacity in a reservoir or other water source inside or outside the
boundaries of the district, and acquire the right to take water from
that reservoir or source, subject to the rights or permits held by
municipalities or other persons, and in accordance with any
contract or contracts that the district may make with the United
States, any state of the United States, or any political
subdivision of any state of the United States, in reference to those
rights;
(4) construct, acquire, own, finance, operate,
maintain, sell, lease as lessor or lessee, dispose of, or otherwise
use any work, plant, or other district facility as defined by
Section 49.001, Water Code, inside or outside the boundaries of the
district, that the board determines is necessary or useful for the
exercise of a district power; and
(5) pledge all or part of district revenue to the
payment of district obligations under a contract or agreement to
the same extent and on the same conditions as the district may
pledge revenue to secure district bonds.
Sec. 9601.103. GENERAL POWERS REGARDING WATER. The
district has all rights, powers, and privileges necessary or useful
to enable it to acquire, provide, supply, deliver, and sell water,
whether processed or unprocessed, raw or potable, inside or
outside its boundaries to any person for any beneficial purpose.
Sec. 9601.104. AUTHORITY OF PUBLIC AGENCIES AND POLITICAL
SUBDIVISIONS TO CONTRACT WITH DISTRICT. (a) A public agency or a
county, municipality, or other political subdivision of this state
or another state may enter into a contract or agreement with the
district, on terms agreed to by the parties, for:
(1) the purchase or sale of water;
(2) waste collection, transportation, processing, or
disposal; or
(3) any purpose relating to the district's powers or
functions.
(b) A contract or agreement under this section must comply
with Chapter 791, Government Code.
(c) A provision of district services or facilities to a
member or an exercise of district power regarding a member's retail
services may only be made through a contract between the district
and the member under this section.
Sec. 9601.105. CONVEYANCE OF PROPERTY TO DISTRICT. A public
agency or a county, municipality, or other political subdivision of
this state may lease, sell, or otherwise convey to the district, for
any consideration that the parties agree is adequate, any of its
land, improvements, property, plants, lines, or other facilities
related to:
(1) the supply, delivery, or sale of water;
(2) waste collection, transportation, processing, or
disposal; or
(3) garbage collection or disposal.
Sec. 9601.106. ACQUISITION OF EXISTING FACILITIES. If the
district acquires existing works, improvements, facilities,
plants, equipment, or appliances that are completed, partially
created, or under construction, the district may:
(1) assume the contracts and obligations of the
previous owner; and
(2) perform the obligations of the previous owner in
the same manner and to the same extent that any other purchaser or
assignee would be bound.
[Sections 9601.107-9601.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9601.151. PROHIBITION ON ASSESSMENTS OR TAXES. (a)
The district may not under this chapter or any other law impose an
assessment on real property or an ad valorem tax or create a debt
payable from an assessment on real property or an ad valorem tax.
(b) Sections 49.106-49.108, Water Code, do not apply to the
district.
Sec. 9601.152. DEPOSITORY. District money shall be
deposited in the depository or depositories designated by the
board, except that:
(1) bond proceeds and money pledged to pay bonds, to
the extent provided in the proceedings authorizing the issuance of
bonds, or the trust indenture securing the bonds, may be deposited
with another depository or trustee named in the proceedings or
trust indenture; and
(2) money shall be remitted to each paying agent for
the payment of principal of and interest on the bonds.
Sec. 9601.153. INVESTMENT OF DISTRICT MONEY. (a) Chapter
2256, Government Code, applies to the district and the investment
of district funds and funds under district control.
(b) The board may invest bond proceeds in a manner
determined by the board or in the manner permitted or required in
the proceedings authorizing the issuance of bonds or in the trust
indenture securing the bonds.
Sec. 9601.154. DISTRICT FACILITIES EXEMPT FROM TAXATION AND
ASSESSMENT. The district is not required to pay a tax or assessment
on its facilities or any part of its facilities.
[Sections 9601.155-9601.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 9601.201. AUTHORITY TO ISSUE BONDS. (a) The district
by resolution may authorize the issuance of bonds payable from and
secured by revenue or any other available source of district money
to carry out a power conferred by this chapter. Bonds issued by the
district are not a direct obligation of any member.
(b) The bonds must be issued in the manner and under the
terms of the proceedings authorizing the issuance of the bonds.
(c) Bonds may be issued by the district without an election.
(d) Sections 49.181-49.186, Water Code, do not apply to the
district.
Sec. 9601.202. FORM OF BONDS. District bonds must be:
(1) issued in the district's name; and
(2) signed by the officers of the district in
accordance with the proceedings authorizing the issuance of the
bonds.
Sec. 9601.203. MATURITY. District bonds must mature not
later than 50 years after the date of their issuance.
Sec. 9601.204. BONDS SECURED BY REVENUE; ADDITIONAL BONDS.
(a) Bonds may be secured by a pledge of all or part of the district's
revenue, or by all or part of the payments or rentals under one or
more contracts or leases specified by the proceedings authorizing
the issuance of the bonds.
(b) The proceedings authorizing the issuance of bonds
secured by a pledge of revenue of all or part of the district's
facilities may provide that the district shall first pay the
expenses of operating and maintaining all or part of the facilities
as the board considers appropriate before paying the principal of
and interest on the bonds.
(c) In the proceedings authorizing the issuance of bonds
secured by revenue, contract payments, or lease rentals, the
district may reserve the right, under conditions specified by the
proceedings, to issue additional bonds that will be on a parity
with, superior to, or subordinate to the bonds then being issued.
Sec. 9601.205. ADDITIONAL SECURITY. (a) At the discretion
of the board, bonds may be additionally secured by a deed of trust
or mortgage lien on all or part of the district's physical
property, facilities, 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 the payment of the bonds;
(2) operate the property; and
(3) take other action to further secure the bonds.
(b) A purchaser under a sale under the deed of trust lien, if
one is given, is:
(1) the absolute owner of the property, facilities,
and rights purchased; and
(2) entitled to maintain and operate the property,
facilities, and rights.
Sec. 9601.206. DELEGATION OF AUTHORITY. (a) In connection
with the issuance of bonds, the board may:
(1) prescribe the maximum principal amount of bonds to
be issued and the maximum rate of interest the bonds may bear;
(2) recite the public purpose for which the bonds are
to be issued;
(3) delegate to any officer or employee of the
district the authority to effect the sale of the bonds; and
(4) determine the period during which the delegation
authority under Subdivision (3) may be exercised.
(b) In exercising the authority delegated by the board to an
officer or employee, the officer or employee may establish the
terms and details related to the issuance and sale of the bonds,
including:
(1) the form and designation of the bonds;
(2) the principal amount of the bonds and the amount of
the bonds to mature in each year;
(3) the dates, price, interest rates, interest payment
dates, principal payment dates, and redemption features of the
bonds;
(4) the execution of agreements determined by the
officer or employee to be necessary in connection with the issuance
of the bonds; and
(5) any other details relating to the issuance and
sale of the bonds as specified by the board in the proceedings
authorizing the issuance of the bonds.
(c) A finding or determination made by an officer or
employee acting under the authority delegated to the officer or
employee has the same force and effect as a finding or determination
made by the board.
Sec. 9601.207. TRUST INDENTURE. District bonds authorized
by this chapter, including refunding bonds, may be additionally
secured by a trust indenture. The trustee may be a bank with trust
powers that is located inside or outside the state.
Sec. 9601.208. CREDIT AGREEMENT. In connection with the
issuance of bonds under this chapter, the board may exercise the
authority granted to the governing body of an issuer with regard to
the execution and delivery of a credit agreement under Chapter
1371, Government Code.
Sec. 9601.209. CHARGES FOR DISTRICT SERVICES. If bonds
payable wholly from revenue are issued, the board shall set and
revise the rates, fees, and charges assessed for water sold, waste
collection and treatment services provided, and garbage collection
services provided by the district. The rates, fees, and charges
must be sufficient to:
(1) pay the expense of operating and maintaining the
district facilities that generate the revenue from which the bonds
may or will be paid;
(2) pay the principal of and interest on the bonds when
due; and
(3) maintain the reserve fund and other funds as
provided in the proceedings authorizing the issuance of bonds or
the trust indenture securing the bonds.
Sec. 9601.210. STATE PLEDGE REGARDING RIGHTS AND REMEDIES
OF BONDHOLDERS. Without depriving this state of its power to
regulate and control the rates, fees, and charges assessed for
water sold and waste collection and treatment services provided by
the district, the state pledges to and agrees with the holders of
district bonds that the state will not exercise its power to
regulate and control the rates, fees, and charges in any way that
would impair the rights or remedies of the holders of the bonds.
Sec. 9601.211. USE OF BOND PROCEEDS. In addition to the
permitted use of bond proceeds provided by general law, the
district may use proceeds from the sale of bonds:
(1) for the payment of interest on the bonds while the
project or facility is being acquired or constructed and for the
year after it is acquired or constructed;
(2) for the operation and maintenance of the project
or facility during the estimated period of acquisition or
construction of the project or facility and for one year after it is
acquired or constructed;
(3) for a debt service reserve fund;
(4) for other funds as may be provided in the
proceedings authorizing the issuance of bonds or in the trust
indenture securing the bonds;
(5) to pay any expense necessarily incurred in
accomplishing the purpose of the district, including any expense of
issuing and selling the bonds; and
(6) to pay any costs incurred under the terms of a
credit agreement.
Sec. 9601.212. ADDITIONAL AUTHORITY TO PROVIDE DEBT SERVICE
RESERVE. (a) The board may provide that in lieu of or in addition to
providing for the funding of a debt service reserve fund with cash,
a line or letter of credit or an insurance policy may be used for the
debt service reserve fund.
(b) Any agreement under which a line or letter of credit or
insurance policy is provided must be submitted to the attorney
general for examination and approval. After approval, the
agreement is incontestable in any court or other forum for any
reason and is a valid and binding obligation of the district in
accordance with its terms for all purposes.
Sec. 9601.213. REFUNDING BONDS. (a) The district may issue
refunding bonds to refund all or part of its outstanding bonds
issued under this chapter, including matured but unpaid interest
and obligations incurred under a credit agreement.
(b) Refunding bonds may be issued in the manner provided by
Chapter 1207, Government Code.
Sec. 9601.214. REMEDIES AND COVENANTS. The proceedings
authorizing the issuance of any bonds authorized under this
chapter, including refunding bonds, the execution of a trust
indenture securing the bonds, and the execution of a credit
agreement, may provide other remedies and covenants the board
considers necessary to issue the bonds on terms the board
determines to be most favorable to the district.
Sec. 9601.215. LIMITATION ON RIGHTS OF BONDHOLDERS. The
proceedings authorizing the issuance of bonds or the trust
indenture securing the bonds may limit or qualify the rights of the
holders of less than all of the outstanding bonds payable from the
same source to institute or prosecute litigation affecting the
district's property or income.
Sec. 9601.216. BONDS EXEMPT FROM TAXATION. Payments made
by the district in connection with the issuance of bonds, the
transfer of any bond, and the income from any bond, including
profits made on the sale of any bond, are exempt from taxation in
this state.
Sec. 9601.217. APPOINTMENT OF RECEIVER. (a) On default or
threatened default in the payment of the principal of or interest on
obligations incurred by the district in connection with the
issuance of bonds that are payable wholly or partly from revenue, a
court may, on petition of the holders of at least 25 percent of the
district's outstanding revenue bonds, or the party to a credit
agreement, appoint a receiver for the district.
(b) The receiver may collect and receive all district
revenue, employ and discharge district agents and employees, take
charge of money on hand, 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, the collection or treatment of waste, or the
provision of garbage collection or disposal services, or to renew
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 holders of the bonds
or the party to a credit agreement.
SECTION 2. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor has submitted the notice and Act to the
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.