Texas 2009 - 81st Regular

Texas Senate Bill SB2544 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Seliger S.B. No. 2544
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the West Texas Water Supply District;
7	7	providing authority to impose a tax and issue bonds; granting the
8	8	power of eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle X, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 11003 to read as follows:
12	12	CHAPTER 11003. WEST TEXAS WATER SUPPLY DISTRICT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 11003.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Director" means a board member.
17	17	(3) "District" means the West Texas Water Supply
18	18	District.
19	19	Sec. 11003.002. NATURE OF DISTRICT. The district is a water
20	20	supply district in Midland County created under and essential to
21	21	accomplish the purposes of Section 52, Article III, and Section 59,
22	22	Article XVI, Texas Constitution. The district is created to serve a
23	23	public use and benefit.
24	24	Sec. 11003.003. CONFIRMATION ELECTION NOT REQUIRED. The
25	25	district is not required to hold a confirmation election to confirm
26	26	the creation of the district.
27	27	Sec. 11003.004. DISTRICT TERRITORY. (a) The district is
28	28	initially composed of the territory described by Section 2 of the
29	29	Act creating this chapter.
30	30	(b) The boundaries and field notes contained in Section 2 of
31	31	the Act creating this chapter form a closure. A mistake made in the
32	32	field notes or in copying the field notes in the legislative process
33	33	does not affect:
34	34	(1) the organization, existence, or validity of the
35	35	district;
36	36	(2) the right of the district to impose taxes; or
37	37	(3) the legality or operation of the board.
38	38	(c) The district may annex land as provided by Subchapter J,
39	39	Chapter 49, Water Code, or other law regardless of whether the land
40	40	is contiguous to the district if the land is located not more than
41	41	130 miles outside the initial boundaries of the district as
42	42	described by Section 2 of the Act creating this chapter and if the
43	43	district determines that the annexation is necessary or convenient
44	44	for the district to:
45	45	(1) exercise its powers under this chapter; or
46	46	(2) supply water from a water source to a municipality
47	47	or other political subdivision.
48	48	[Sections 11003.005-11003.020 reserved for expansion]
49	49	SUBCHAPTER A-1. TEMPORARY PROVISIONS
50	50	Sec. 11003.021. INITIAL DIRECTORS. (a) The initial board
51	51	consists of:
52	52	(1) Paul Latham;
53	53	(2) Brock Thompson;
54	54	(3) Mitch Malouf;
55	55	(4) Robert Rendall; and
56	56	(5) Mark Tisdale.
57	57	(b) If an initial director fails to qualify for office, the
58	58	initial directors who have qualified shall appoint a person to fill
59	59	the vacancy. If at any time there are fewer than three qualified
60	60	initial directors, the Texas Commission on Environmental Quality
61	61	shall appoint the necessary number of persons to fill all vacancies
62	62	on the board.
63	63	Sec. 11003.022. ORGANIZATIONAL MEETING OF INITIAL
64	64	DIRECTORS. As soon as practicable after all of the initial
65	65	directors have qualified under Section 49.055, Water Code, the
66	66	initial directors shall meet at a location inside or outside the
67	67	district that is agreeable to a majority of the directors. If a
68	68	location cannot be agreed on, the organizational meeting shall be
69	69	at the Midland County Courthouse.
70	70	Sec. 11003.023. TERMS OF INITIAL DIRECTORS. The first two
71	71	initial directors listed in Section 11003.021 shall serve a term
72	72	expiring December 1 following the first regularly scheduled
73	73	election of directors under Section 11003.053, and the remaining
74	74	three initial directors shall serve a term expiring December 1
75	75	following the second regularly scheduled election of directors.
76	76	Sec. 11003.024. EXPIRATION OF SUBCHAPTER. This subchapter
77	77	expires September 1, 2015.
78	78	[Sections 11003.025-11003.050 reserved for expansion]
79	79	SUBCHAPTER B. BOARD OF DIRECTORS
80	80	Sec. 11003.051. COMPOSITION OF BOARD; TERMS. (a) The
81	81	district is governed by a board of five directors.
82	82	(b) Except for initial directors, directors serve staggered
83	83	four-year terms.
84	84	Sec. 11003.052. QUALIFICATIONS. To be qualified to serve
85	85	as a director, a person must meet only the qualifications provided
86	86	by Section 54.102, Water Code.
87	87	Sec. 11003.053. ELECTION OF DIRECTORS. Notwithstanding
88	88	Section 49.103, Water Code, the board shall hold an election to
89	89	elect the appropriate number of directors on the uniform election
90	90	date in November of each even-numbered year.
91	91	[Sections 11003.054-11003.100 reserved for expansion]
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 11003.101. GENERAL POWERS AND DUTIES. (a) Except as
94	94	provided by Subsections (c) and (d), the district has the powers and
95	95	duties provided by the general law of this state, including
96	96	Chapters 49, 51, 53, and 54, Water Code, applicable to water control
97	97	and improvement districts, fresh water supply districts, and
98	98	municipal utility districts created under Section 59, Article XVI,
99	99	Texas Constitution.
100	100	(b) Except as otherwise specifically provided by this
101	101	chapter, the district may not exercise its powers more than 130
102	102	miles outside the initial boundaries of the district as described
103	103	by Section 2 of the Act creating this chapter.
104	104	(c) Sections 53.029(b), 53.030-53.034, and 53.040-53.043,
105	105	Water Code, do not apply to the district.
106	106	(d) If a provision of Chapter 49, 51, 53, or 54, Water Code,
107	107	is in conflict or inconsistent with this chapter, this chapter
108	108	prevails. If there is a conflict between a provision of Chapter 49,
109	109	51, 53, or 54, Water Code, and a provision of another chapter listed
110	110	in this subsection, the district may operate under either
111	111	provision, and it is not necessary for the district to designate the
112	112	law under which action is being taken.
113	113	Sec. 11003.102. GENERAL AUTHORITY TO ENTER INTO CONTRACTS.
114	114	(a) The district and a public agency or political subdivision of
115	115	this state, including the Cities of Midland and Fort Stockton, may
116	116	enter into a contract on terms agreed to by the parties for any
117	117	purpose relating to the district's powers or functions, including
118	118	for the purpose of supplying water to the agency or political
119	119	subdivision.
120	120	(b) Except as provided by Section 11003.153, the district is
121	121	not required to:
122	122	(1) hold an election to obtain voter approval of a
123	123	contract authorized by this section or otherwise obtain approval of
124	124	or consent to the contract; or
125	125	(2) provide notice of the contract.
126	126	Sec. 11003.103. CONTRACTS TO SUPPLY WATER. (a) The
127	127	district may contract with a municipality, public agency, special
128	128	district, other political subdivision of this state, or other
129	129	entity, including the Cities of Midland and Fort Stockton, to:
130	130	(1) supply water to the entity; or
131	131	(2) rent or lease or operate the water production,
132	132	water field, water supply, or water filtration or purification
133	133	facilities of the entity.
134	134	(b) Except as provided by Section 11003.153, the district
135	135	may contract, without holding an election to approve the contract,
136	136	with a municipality or other political subdivision located not more
137	137	than 130 miles from the initial boundaries of the district,
138	138	including the Cities of Midland and Fort Stockton, for the
139	139	operation of the district's water facilities.
140	140	(c) A contract under this section may be on terms and for the
141	141	period agreed to by the parties and may provide that the contract
142	142	will continue in effect until bonds specified in the contract and
143	143	refunding bonds issued in lieu of the bonds are paid.
144	144	(d) The district may purchase, sell, treat, transport, and
145	145	convey water inside and outside the boundaries of the district.
146	146	(e) The district has all rights, powers, and privileges
147	147	necessary or useful to enable the district to acquire, provide,
148	148	supply, deliver, transport, treat, or sell potable or nonpotable
149	149	water for any beneficial purpose in the district or in territory
150	150	located:
151	151	(1) not more than 130 miles from the initial
152	152	boundaries of the district; and
153	153	(2) in Pecos, Crane, Upton, Ector, or Midland County.
154	154	Sec. 11003.104. SOURCES FOR WATER; ACQUISITION OF LAND;
155	155	STORAGE CAPACITY. (a) The district may acquire, construct, or
156	156	develop inside or outside the district sources for water, including
157	157	one or more reservoirs or wells and any work, water field, pump,
158	158	plant, transmission line, or other facility necessary or useful to
159	159	develop, divert, impound, drill for, pump, store, treat, or
160	160	transport water, including groundwater, to the Cities of Midland
161	161	and Fort Stockton or another entity for municipal, domestic,
162	162	industrial, mining, oil flooding, or other useful purposes.
163	163	(b) The district may acquire land or an interest in land
164	164	inside or outside the district for any work, water well, water
165	165	field, pump, plant, or other facility necessary or useful to
166	166	develop, divert, impound, drill for, pump, store, treat, or
167	167	transport water to the Cities of Midland and Fort Stockton or
168	168	another entity for municipal, domestic, industrial, mining, oil
169	169	flooding, or other useful purposes.
170	170	(c) The district may purchase water or a water supply from
171	171	any person, including a public agency.
172	172	(d) The district may lease, purchase, or otherwise acquire
173	173	rights in and to storage and storage capacity in any reservoir
174	174	constructed or to be constructed from any person, including the
175	175	United States.
176	176	(e) The district may develop or otherwise acquire sources of
177	177	groundwater.
178	178	(f) The district may acquire water appropriation permits
179	179	directly from the Texas Commission on Environmental Quality or from
180	180	owners of permits.
181	181	Sec. 11003.105. ACQUISITION, DISPOSAL, AND MANAGEMENT OF
182	182	PROPERTY. (a) The district may construct or otherwise acquire all
183	183	works, plants, and other facilities necessary or useful to:
184	184	(1) process water impounded, developed, or otherwise
185	185	acquired; or
186	186	(2) transport water to municipalities and others for
187	187	municipal, domestic, or industrial purposes.
188	188	(b) The district may acquire, own, rent, lease, accept,
189	189	hold, or dispose of any property, or any interest in property,
190	190	including a right or easement, by purchase, exchange, gift,
191	191	assignment, condemnation, sale, lease, or otherwise, in performing
192	192	district duties or exercising district powers under this chapter.
193	193	(c) The district may manage, operate, or improve property.
194	194	(d) The district may lease or rent any land, building,
195	195	structure, or facility to achieve the purposes of this chapter.
196	196	(e) The district may sell, assign, lease, encumber,
197	197	mortgage, or otherwise dispose of property, or an interest in
198	198	property, and release or relinquish a right, title, claim, lien,
199	199	interest, easement, or demand by public or private sale, with or
200	200	without public bidding, notwithstanding any other law.
201	201	Sec. 11003.106. EMINENT DOMAIN. (a) Notwithstanding any
202	202	other law, this section applies in addition to any other authority
203	203	granted by this chapter or other law.
204	204	(b) Subject to the limitation in Subsection (d), if the
205	205	district contracts under this chapter with a municipality or other
206	206	political subdivision of this state to supply water from any public
207	207	or private source, the district may exercise the power of eminent
208	208	domain to acquire the fee simple title to or other interest in land,
209	209	easements, or other private property located inside the district or
210	210	not more than 130 miles from the initial boundaries of the district
211	211	for any purpose under this chapter.
212	212	(c) Section 49.222, Water Code, applies to the district's
213	213	exercise of eminent domain powers under this section.
214	214	(d) Before exercising the power of eminent domain to acquire
215	215	land, an easement, or other property, the district shall first
216	216	attempt to acquire the property by good faith negotiation.
217	217	Sec. 11003.107. REGIONAL WASTE DISPOSAL. (a) The district
218	218	may exercise any power granted by Chapter 30, Water Code, to a water
219	219	district created under Section 59, Article XVI, Texas Constitution,
220	220	including the power to collect, transport, process, treat, dispose
221	221	of, and control all municipal, domestic, industrial, or communal
222	222	waste, whether in fluid, solid, or composite state, including the
223	223	control, abatement, or reduction of any type of pollution.
224	224	(b) The powers granted to the district by Chapter 30, Water
225	225	Code, are for the purposes of conservation and development of the
226	226	natural resources of this state within the meaning of Section 59,
227	227	Article XVI, Texas Constitution.
228	228	Sec. 11003.108. AUTHORITY FOR ROAD PROJECTS; CONTRACTS.
229	229	(a) Under Section 52, Article III, Texas Constitution, the
230	230	district may acquire, construct, improve, operate, and maintain
231	231	macadamized, graveled, or paved roads, or improvements in aid of
232	232	those roads, inside or outside the district.
233	233	(b) The district may enter into a contract for a road
234	234	project in the manner provided by Subchapter I, Chapter 49, Water
235	235	Code, for construction work.
236	236	Sec. 11003.109. WATER CONTROL AND STORAGE PROJECTS.
237	237	(a) The district may construct, acquire, improve, enlarge,
238	238	extend, repair, or maintain dams, levees, walls, dikes,
239	239	embankments, canals, reservoirs, lakes, or other improvements as
240	240	necessary to control, store, or preserve water in the district for
241	241	any useful purpose.
242	242	(b) The district may overflow and inundate district lands
243	243	and other district property in the district.
244	244	(c) A project authorized by this section is subject to all
245	245	applicable permitting and regulatory requirements.
246	246	Sec. 11003.110. CERTIFICATE OF CONVENIENCE AND NECESSITY.
247	247	(a) The district may pay out of bond proceeds or other available
248	248	district money all expenses, including legal, engineering, and
249	249	other fees, related to obtaining a new certificate of convenience
250	250	and necessity under Chapter 13, Water Code, authorizing the
251	251	district to provide retail water or sewer service inside or outside
252	252	the district.
253	253	(b) The district may pay out of bond proceeds or other
254	254	available district money all expenses, including the purchase
255	255	price, related to acquiring certificate of convenience and
256	256	necessity rights from another retail public utility to allow the
257	257	district to provide retail water or sewer service in the district.
258	258	Sec. 11003.111. CONTRACT WITH POLITICAL SUBDIVISION FOR
259	259	WATER OR SEWER SERVICES. (a) The district may enter into a
260	260	contract to allow a political subdivision to provide retail water
261	261	or sewer service in the district. The contract may contain terms
262	262	the board considers desirable, fair, and advantageous to the
263	263	district.
264	264	(b) The contract may provide that the district will
265	265	construct or acquire and convey or lease to the political
266	266	subdivision a water supply or treatment system, a water
267	267	distribution system, or a sanitary sewage collection or treatment
268	268	system, as necessary to provide water or sewer service in the
269	269	district.
270	270	(c) The district may use bond proceeds or other available
271	271	district money to pay for its obligations and for services and
272	272	facilities provided under the contract.
273	273	(d) If the contract requires the district to make payments
274	274	from taxes other than operation and maintenance taxes, the contract
275	275	is subject to Section 49.108, Water Code.
276	276	[Sections 11003.112-11003.150 reserved for expansion]
277	277	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
278	278	Sec. 11003.151. ELECTIONS REGARDING TAXES OR BONDS.
279	279	(a) The district may issue, without an election, bonds and other
280	280	obligations secured by:
281	281	(1) revenue other than ad valorem taxes; or
282	282	(2) contract payments described by Section 11003.153.
283	283	(b) The district must hold an election in the manner
284	284	provided by Chapters 49 and 54, Water Code, to obtain voter approval
285	285	before the district may impose an ad valorem tax or issue bonds
286	286	payable from ad valorem taxes.
287	287	(c) The district may not issue bonds payable from ad valorem
288	288	taxes to finance a road project unless the issuance is approved by a
289	289	vote of a two-thirds majority of the district voters voting at an
290	290	election held for that purpose.
291	291	Sec. 11003.152. OPERATION AND MAINTENANCE TAX. (a) If
292	292	authorized at an election held under Section 11003.151, the
293	293	district may impose an operation and maintenance tax on taxable
294	294	property in the district in accordance with Section 49.107, Water
295	295	Code.
296	296	(b) The board shall determine the tax rate. The rate may not
297	297	exceed the rate approved at the election.
298	298	(c) Section 49.107(f), Water Code, does not apply to
299	299	reimbursements for projects constructed or acquired under Section
300	300	11003.103.
301	301	Sec. 11003.153. CONTRACT TAXES. (a) In accordance with
302	302	Section 49.108, Water Code, the district may impose a tax other than
303	303	an operation and maintenance tax and use the revenue derived from
304	304	the tax to make payments under a contract after the provisions of
305	305	the contract have been approved by a majority of the district voters
306	306	voting at an election held for that purpose.
307	307	(b) A contract approved by the district voters may contain a
308	308	provision stating that the contract may be modified or amended by
309	309	the board without further voter approval.
310	310	[Sections 11003.154-11003.200 reserved for expansion]
311	311	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
312	312	Sec. 11003.201. AUTHORITY TO ISSUE BONDS AND OTHER
313	313	OBLIGATIONS. (a) The district may issue bonds or other
314	314	obligations payable wholly or partly from ad valorem taxes, impact
315	315	fees, revenue, including revenue received by the district under
316	316	Chapter 311, Tax Code, or Chapter 380, Local Government Code,
317	317	contract payments, assessments, grants, or other district money, or
318	318	any combination of those sources, to pay for any authorized
319	319	district purpose.
320	320	(b) In addition to the other powers granted to the district
321	321	by this chapter, the district has the powers of an issuer under
322	322	Chapter 1371, Government Code, with regard to the issuance of
323	323	obligations.
324	324	Sec. 11003.202. TAXES FOR BONDS. At the time the district
325	325	issues bonds payable wholly or partly from ad valorem taxes, the
326	326	board shall provide for the annual imposition of a continuing
327	327	direct ad valorem tax, without limit as to rate or amount, while all
328	328	or part of the bonds are outstanding as required and in the manner
329	329	provided by Sections 54.601 and 54.602, Water Code.
330	330	Sec. 11003.203. BONDS FOR ROAD PROJECTS. At the time of
331	331	issuance, the total principal amount of bonds or other obligations
332	332	issued or incurred to finance road projects and payable from ad
333	333	valorem taxes may not exceed one-fourth of the assessed value of the
334	334	real property in the district.
335	335	SECTION 2. The West Texas Water Supply District initially
336	336	includes all the territory contained in the following area:
337	337	BEING 20 acres of land situated in Section 48, Block 41, T-1-S, and
338	338	Section 1, Block 41, T-2-S, T&P RR Co. Survey, Midland County,
339	339	Texas, Boundary Being More Fully Described By Metes and Bounds As
340	340	Follows:
341	341	BEGINNING at (Y=10,675,907.69', and X= 1,702,572.75') a 1/2" Iron
342	342	rod with plastic cap marked "LCA ODESSA TX" set at an interior
343	343	corner of a 91.466 acre tract as described in Volume 1145, Page 201,
344	344	Midland County Deed Records and being the east corner of this tract,
345	345	whence a 1/2" Iron pipe and a large set stone found at the southeast
346	346	corner of said Section 48 and the northeast corner of said Section 1
347	347	bears N 3423'26" W, a distance of 308.35 feet and N 7459'33" E, a
348	348	distance of 1424.53 feet;
349	349	THENCE S 5530'34" W with a southerly line of said 91.466 acre tract,
350	350	a distance of 99.59 feet to a 1/2" Iron rod with plastic marked "LCA
351	351	ODESSA TX" set at the most westerly corner of said 91.466 acre tract
352	352	and being an interior corner of this tract, whence a found 3/8" Iron
353	353	rod with plastic cap marked "HOWELL" bears S 7614'W, a distance of
354	354	1.24 feet;
355	355	THENCE S 3440'37" E with the west line of said 91.466 acre tract, a
356	356	distance of 299.97 feet to a 1/2" iron rod with plastic cap marked
357	357	"LCA ODESSA TX" set for the most easterly corner of this tract;
358	358	THENCE S 5530'34" W, a distance of 867.04 feet to a 1/2" Iron rod
359	359	with plastic cap marked "LCA ODESSA TX" set at the most southerly
360	360	corner of this tract:
361	361	THENCE N 3423'26" W, a distance of 933.19 feet to a 1/2" Iron rod
362	362	with plastic marked "LCA ODESSA TX" set for the most northerly
363	363	corner of this tract;
364	364	THENCE N 5530'34" E, at a distance of 46.29 feet pass the north line
365	365	of Section 1, Block 41, T-2-S and the south line of Section 48,
366	366	Block 41, T-1-S, continuing on for a total distance of 965.13 feet
367	367	to a 1/2" Iron rod with plastic cap marked "LCA ODESSA TX" set in the
368	368	west line of said 91.466 acre tract and being the most northerly
369	369	corner of this tract.
370	370	THENCE S 3423'26" E with the west line of said 91.466 acre tract, at
371	371	a distance of 324.87 feet pass the south line of said Section 48 and
372	372	the north line of said Section 1, continuing on for a total distance
373	373	of 633.22 feet to the Point of Beginning, containing 20.00 acres of
374	374	land, more or less.
375	375	Bearings, distances and coordinates are relative to the Texas
376	376	Coordinate System, 1983 NAD, Central Zone, with a combined grid
377	377	factor of 0.999883498 and a theta angle of -0059'17 at City of
378	378	Midland GPS Control Monument "191/1788". Acreage is average
379	379	horizontal surface.
380	380	SECTION 3. (a) The legal notice of the intention to
381	381	introduce this Act, setting forth the general substance of this
382	382	Act, has been published as provided by law, and the notice and a
383	383	copy of this Act have been furnished to all persons, agencies,
384	384	officials, or entities to which they are required to be furnished
385	385	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
386	386	Government Code.
387	387	(b) The governor, one of the required recipients, has
388	388	submitted the notice and Act to the Texas Commission on
389	389	Environmental Quality.
390	390	(c) The Texas Commission on Environmental Quality has filed
391	391	its recommendations relating to this Act with the governor, the
392	392	lieutenant governor, and the speaker of the house of
393	393	representatives within the required time.
394	394	(d) All requirements of the constitution and laws of this
395	395	state and the rules and procedures of the legislature with respect
396	396	to the notice, introduction, and passage of this Act are fulfilled
397	397	and accomplished.
398	398	SECTION 4. This Act takes effect immediately if it receives
399	399	a vote of two-thirds of all the members elected to each house, as
400	400	provided by Section 39, Article III, Texas Constitution. If this
401	401	Act does not receive the vote necessary for immediate effect, this
402	402	Act takes effect September 1, 2009.