By: Fraser S.B. No. 19
A BILL TO BE ENTITLED
AN ACT
relating to the operation, powers, and duties of certain water
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.01. Section 388.005, Health and Safety Code, is
amended by adding Subsections (g) and (h) to read as follows:
(g) Except as provided by Subsection (h), this section does
not apply to the electricity consumption of a district as defined by
Section 36.001 or 49.001, Water Code, that relates to the operation
and maintenance of facilities or improvements for:
(1) wastewater collection and treatment;
(2) water supply and distribution; or
(3) storm water diversion, detention, or pumping.
(h) At least once every five years, a political subdivision
that is a district as defined by Section 36.001 or 49.001, Water
Code, shall for district facilities described by Subsection (g):
(1) evaluate the consumption of electricity;
(2) establish goals to reduce the consumption of
electricity; and
(3) identify and implement cost-effective energy
efficiency measures to reduce the consumption of electricity.
SECTION 1.02. Section 43.0751(a)(1), Local Government
Code, is amended to read as follows:
(1) "District" means a conservation and reclamation
[water control and improvement] district [or a municipal utility
district created or] operating under Chapter 49 [51 or 54], Water
Code. The term does not include a special utility district
operating under Chapter 65, Water Code, or a groundwater
conservation district operating under Chapter 36, Water Code.
SECTION 1.03. Section 43.0751, Local Government Code, is
amended by adding Subsection (r) to read as follows:
(r) To be annexed for limited purposes under this section,
an area must be:
(1) in the municipality's extraterritorial
jurisdiction; and
(2) contiguous to the corporate or limited purpose
boundaries of the municipality, unless the district consents to
noncontiguous annexation pursuant to a strategic partnership
agreement with the municipality.
SECTION 1.04. Section 375.161, Local Government Code, is
amended to read as follows:
Sec. 375.161. CERTAIN RESIDENTIAL PROPERTY EXEMPT.
(a) The board may not impose an impact fee, assessment, tax, or
other requirement for payment, construction, alteration, or
dedication under this chapter on single-family detached
residential property, duplexes, triplexes, and quadraplexes.
(b) This section does not apply to an impact fee,
assessment, tax, or other requirement for payment for water, sewer,
drainage, reclamation, flood control, road, or park and
recreational services or improvements of a district operating under
this chapter that provides, or proposes to provide, those services
or improvements.
SECTION 1.05. Section 552.014, Local Government Code, is
amended to read as follows:
Sec. 552.014. CONTRACTS WITH WATER DISTRICTS OR NONPROFIT
CORPORATIONS. (a) In this section:
(1) "Project" means a water supply or treatment
system, a water distribution system, a sanitary sewage collection
or treatment system, works or improvements necessary for drainage
of land, recreational facilities, roads and improvements in aid of
roads, or facilities to provide firefighting services.
(2) "Water district" [, "water district"] means a
district created under Article XVI, Section 59, of the Texas
Constitution.
(b) A municipality may enter into a contract with a water
district or with a corporation organized to be operated without
profit under which the district or corporation will acquire for the
benefit of and convey to the municipality, either separately or
together, one or more projects [a water supply or treatment system,
a water distribution system, a sanitary sewage collection or
treatment system, or works or improvements necessary for drainage
of land in the municipality]. In connection with the acquisition,
the district or corporation shall improve, enlarge, or extend the
existing municipal facilities as provided by the contract.
(c) If the contract provides that the municipality assumes
ownership of the project [water, sewer, or drainage system] on
completion of construction or at the time that all debt incurred by
the district or corporation in the acquisition, construction,
improvement, or extension of the project [system] is paid in full,
the municipality may make payments to the district or corporation
for project [water, sewer, or drainage] services to part or all of
the residents of the municipality. The contract may provide for
purchase of the project [system] by the municipality through
periodic payments to the district or corporation in amounts that,
together with the net income of the district or corporation, are
sufficient to pay the principal of and interest on the bonds of the
district or corporation as they become due. The contract may
provide:
(1) that any payments due under this section are
payable from and are secured by a pledge of a specified part of the
revenues of the municipality, including revenues from municipal
sales and use taxes [municipal water system, sewer system, or
drainage system];
(2) for the levying of a tax to make payments due under
this section; or
(3) that the payments due under this section be made
from a combination of revenues [from the system] and taxes.
(d) The contract may provide that the district or
corporation may use the streets, alleys, and other public ways and
places of the municipality for project [water, sewer, or drainage]
purposes for a period that ends at the time the indebtedness of the
district or corporation is paid in full and the municipality
acquires title to the project [system] in accordance with this
section.
(e) The contract may provide for the operation of the
project [system] by the municipality, and, if so authorized, the
municipality may operate the project [system].
(f) A contract under this section must be authorized by a
majority vote of the governing body of the municipality.
(g) This section does not authorize a water district or
corporation described by Subsection (b) to participate in a project
that the water district or corporation is not authorized to
participate in under other law.
SECTION 1.06. Section 13.247, Water Code, is amended by
adding Subsections (a-1) and (a-2) to read as follows:
(a-1) Subsection (a-2) applies only to a municipality that:
(1) has a population of more than 95,000 and is in a
county that has a population of more than 200,000 and borders Lake
Palestine;
(2) has a population of more than 30,000 and is in a
county that has a population of less than 90,000 and borders Lake
Ray Hubbard;
(3) has a population of more than 4,500 and that:
(A) borders Lake Lyndon B. Johnson; and
(B) is located in a county that has a population
of less than 45,000 and in which at least one state park and one
national wildlife refuge are located; or
(4) has a population of less than 3,000 and is located
wholly or partly in a county with a population of more than 1.7
million and that is adjacent to a county with a population of more
than two million.
(a-2) Notwithstanding Subsection (a), a municipality
described by Subsection (a-1) may provide retail water and sewer
utility service in an area certificated to another retail public
utility without first having obtained from the commission a
certificate of public convenience and necessity that includes the
area to be served if:
(1) the area is located within the boundaries of the
municipality; and
(2) the municipality provides notice to the commission
and the other retail public utility before the municipality begins
providing service to the area.
SECTION 1.07. Section 13.255(j), Water Code, is amended to
read as follows:
(j) This section shall apply only in a case where:
(1) the retail public utility that is authorized to
serve in the certificated area that is annexed or incorporated by
the municipality is a nonprofit water supply or sewer service
corporation, a special utility district under Chapter 65, Water
Code, a fresh water supply district under Chapter 53, Water Code;
[or]
(2) the retail public utility that is authorized to
serve in the certificated area that is annexed or incorporated by
the municipality is a retail public utility, other than a nonprofit
water supply or sewer service corporation, and whose service area
is located entirely within the boundaries of a municipality with a
population of 1.7 million or more according to the most recent
federal census; or
(3) the retail public utility that is authorized to
serve in the certificated area that is annexed or incorporated by
the municipality is a retail public utility, other than a nonprofit
water supply or sewer service corporation, and the service area to
be acquired is wholly located in a municipality that has a
population of more than 30,000 and is in a county that has a
population of less than 90,000 and borders Lake Ray Hubbard.
SECTION 1.08. Section 36.0151, Water Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) Before September 1, 2015, the commission may not create
a groundwater conservation district under this section in a county:
(1) in which the annual amount of surface water used is
more than 50 times the annual amount of groundwater produced;
(2) that is located in a priority groundwater
management area; and
(3) that has a population greater than 2.3 million.
(d) To the extent of a conflict between this section and
Section 35.012, this section prevails.
SECTION 1.09. Section 36.1071, Water Code, is amended by
amending Subsections (c) and (f) and adding Subsection (f-1) to
read as follows:
(c) The commission and the Texas Water Development Board
shall provide technical assistance to a district in the development
of the management plan required under Subsection (a) that [which]
may include, if requested by the district, a preliminary review and
comment on the plan prior to final approval by the Texas Water
Development Board [board]. If such review and comment by the
commission is requested, the commission shall provide comment not
later than 30 days from the date the request is received.
(f) [The district shall adopt rules necessary to implement
the management plan.] Prior to the development of the district's
first management plan and [its] approval of that plan under Section
36.1072, the district:
(1) [may not adopt rules other than rules pertaining
to the registration and interim permitting of new and existing
wells and rules governing spacing and procedure before the
district's board; however, the district may not adopt any rules
limiting the production of wells, except rules requiring that
groundwater produced from a well be put to a nonwasteful,
beneficial use. The district] may accept applications for permits
under Section 36.113, provided the district does not act on any such
application until the district's management plan is approved as
provided in Section 36.1072;
(2) may adopt rules pertaining to the registration,
interim permitting, metering, production reporting, spacing, and,
where applicable, fee payment for authorized or actual production
of water from new and existing wells;
(3) may adopt rules governing procedure before the
district's board; and
(4) may not adopt any rules limiting the production of
wells, except rules requiring that groundwater produced from a well
be put to a nonwasteful, beneficial use.
(f-1) After a management plan is finally approved under
Section 36.1072, the district shall adopt or amend rules limiting
the production of wells or allocating groundwater as necessary to
implement the management plan and achieve the applicable desired
future condition. A district may not adopt or amend rules limiting
the production of wells or allocating groundwater if the district
fails to:
(1) adopt a management plan as required by this
section;
(2) submit a management plan to the executive
administrator as required by Section 36.1072; and
(3) receive approval of the management plan under
Section 36.1072.
SECTION 1.10. Section 36.1072, Water Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) Once the executive administrator has granted
administrative approval to [approved] a management plan:
(1) the executive administrator may not revoke but may
require revisions to the approved [groundwater conservation
district] management plan as provided by Subsection (g); and
(2) the executive administrator may request
additional information from the district if the information is
necessary to clarify, modify, or supplement previously submitted
material[, but a request for additional information does not render
the management plan unapproved].
(c-1) Not later than the 60th day after the date of the
administrative approval of a district's management plan under
Subsection (c), the executive administrator shall review the
management plan to determine whether goals of the management plan
are consistent with the achievement of the desired future
conditions established under Section 36.108(d) that are applicable
to all or part of the district, considering any available
information regarding groundwater levels, and:
(1) request additional information from the district;
(2) recommend that the district make substantive
changes to the management plan; or
(3) approve the management plan.
SECTION 1.11. Section 36.1073, Water Code, is amended to
read as follows:
Sec. 36.1073. AMENDMENT TO MANAGEMENT PLAN. Any amendment
to a district's [the] management plan shall be submitted to the
executive administrator within 60 days following adoption of the
amendment by the district's board. The executive administrator
shall review and approve any amendment that [which] substantially
affects the management plan in accordance with the procedures
established under Section 36.1072.
SECTION 1.12. Section 36.108(n), Water Code, is amended to
read as follows:
(n) The districts shall prepare [a] revised conditions
[plan] in accordance with development board recommendations and
hold, after notice, at least one public hearing at a central
location in the [groundwater] management area. After consideration
of all public and development board comments, the districts shall
revise the conditions and submit the conditions to the development
board for review.
SECTION 1.13. Section 36.118, Water Code, is amended by
adding Subsections (e-1) and (e-2) to read as follows:
(e-1) Except as provided by Subsection (e-2), in addition to
other remedies provided by law, the district is entitled to recover
the district's attorney's fees, court costs, and reasonable
expenses incurred in closing or capping the well from the owner of
the land on which the well is located.
(e-2) An entity that drills a well to develop subsurface
resources not owned by the landowner is liable for expenses
incurred in closing or capping the well, unless the landowner
assumes responsibility for the well.
SECTION 1.14. Section 36.207, Water Code, is amended to
read as follows:
Sec. 36.207. USE OF PRODUCTION [PERMIT] FEES AUTHORIZED BY
SPECIAL LAW. A district may use funds obtained from production
[permit] fees collected pursuant to the special law governing the
district for any purpose consistent with the district's approved
[certified water] management plan including, without limitation,
making grants, loans, or contractual payments to achieve,
facilitate, or expedite reductions in groundwater pumping or the
development or distribution of alternative water supplies.
SECTION 1.15. Section 36.301, Water Code, is amended to
read as follows:
Sec. 36.301. VIOLATIONS RELATED TO [FAILURE TO SUBMIT A]
MANAGEMENT PLAN. The commission shall take appropriate action
under Section 36.303 if:
(1) a district adopts or amends a rule in violation of
Section 36.1071(f-1);
(2) [If] a district [board] fails to submit a
management plan or to receive approval [certification] of the [its]
management plan under Section 36.1072;
(3) a district fails to timely readopt the management
plan or to submit the readopted management plan to the executive
administrator for approval in accordance with Section 36.1072(f);
(4) the executive administrator determines that a
readopted management plan does not meet the requirements for
approval, and the district has exhausted all appeals; or
(5) a district fails to submit or receive approval
[certification] of an amendment to the management plan under
Section 36.1073[, the commission shall take appropriate action
under Section 36.303].
SECTION 1.16. Section 49.059, Water Code, is amended to
read as follows:
Sec. 49.059. [DISQUALIFICATION OF] TAX ASSESSOR AND
COLLECTOR. (a) The district may employ or contract with any
person to serve as its tax assessor and collector who is:
(1) an individual certified as a registered Texas
assessor-collector; or
(2) a firm, organization, association, partnership,
corporation, or other legal entity if an individual certified as a
registered Texas assessor-collector owns an interest in or is
employed by the firm, organization, association, partnership,
corporation, or other legal entity.
(b) A tax assessor and collector employed or contracted for
under this section is not required to be a natural person.
(c) A firm, organization, association, partnership,
corporation, or other legal entity serving as district tax assessor
and collector shall give a bond as required by Section 49.057 for a
natural person.
(d) No person may serve as tax assessor and collector of a
district providing potable water or sewer utility services to
household users if that person:
(1) is a natural person related within the third
degree of affinity or consanguinity to any developer of property in
the district, a member of the board, or the manager, engineer, or
attorney for the district;
(2) is or was within two years immediately preceding
the assumption of assessment and collection duties with the
district an employee of any developer of property in the district or
any director, manager, engineer, or attorney for the district;
(3) owns an interest in or is employed by any
corporation organized for the purpose of tax assessment and
collection services, a substantial portion of the stock of which is
owned by a developer of property within the district or any
director, manager, engineer, or attorney for the district; or
(4) is directly or through a corporation developing
land in the district or is a director, engineer, or attorney for the
district.
(e) [(b)] Within 60 days after the board determines a
relationship or employment exists which constitutes a
disqualification under Subsection (d) [(a)], it shall replace the
person serving as tax assessor and collector with a person who would
not be disqualified.
(f) [(c)] Any person who wilfully violates the provisions
of Subsection (d) [(a)] is guilty of a misdemeanor and on conviction
shall be fined not less than $100 nor more than $1,000.
(g) [(d)] As used in this section, "developer of property in
the district" has the same meaning as in Section 49.052(d).
SECTION 1.17. Section 49.063, Water Code, is amended to
read as follows:
Sec. 49.063. NOTICE OF MEETINGS. (a) Notice of meetings
of the board shall be given as set forth in the open meetings law,
Chapter 551, Government Code, except that if a district does not
have a meeting place within the district, the district shall post
notice of its meeting at a public place within the district
specified by the board in a written resolution, rather than at its
administrative office. The board shall specify such public place
to be a bulletin board or other place within the district which is
reasonably available to the public.
(b) The validity of an action taken at a board meeting is not
affected by:
(1) [Neither] failure to provide notice of the meeting
if the meeting is a regular meeting;
(2) [nor] an insubstantial defect in notice of the
[any] meeting; or
(3) failure of a county clerk to timely or properly
post or maintain public access to a notice of the meeting if notice
of the meeting is furnished to the county clerk in sufficient time
for posting under Section 551.043(a) or 551.045, Government Code
[shall affect the validity of any action taken at the meeting].
SECTION 1.18. Sections 49.102(a), (b), (c), and (h), Water
Code, are amended to read as follows:
(a) Before issuing any bonds or other obligations, an
election shall be held within the boundaries of the proposed
district on a uniform election date provided by Section 41.001,
Election Code, to determine if the proposed district shall be
established and, if the directors of the district are required by
law to be elected, to elect permanent directors.
(b) Notice of a confirmation or director election shall
state the day and place or places for holding the election, the
propositions to be voted on, and, if applicable, the number of
directors to be voted on.
(c) The ballots for a confirmation election shall be printed
to provide for voting "For District" and "Against District."
Ballots for a directors election shall provide the names of the
persons appointed by the governing body who qualified and are
serving as temporary directors at the time the election is called.
If the district has received an application by a write-in
candidate, the [The] ballots shall also have blank places after the
names of the temporary directors in which a voter may write the
names of any candidates appearing on the list of write-in
candidates required by Section 146.031, Election Code [other
persons for directors].
(h) Unless otherwise agreed, the elected directors shall
decide the initial terms of office by lot, with a simple majority of
the elected directors serving until the second succeeding directors
election and the remaining elected directors serving until the next
directors election.
SECTION 1.19. Sections 49.103(a) and (b), Water Code, are
amended to read as follows:
(a) Except as provided by Section 49.102, the members of the
board of a district shall serve staggered [for] four-year terms.
(b) After confirmation of a district, an [An] election shall
be held on the uniform election date, provided by Section 41.001,
[established by the] Election Code, in May of each even-numbered
year to elect the appropriate number of directors.
SECTION 1.20. Subchapter D, Chapter 49, Water Code, is
amended by adding Section 49.1045 to read as follows:
Sec. 49.1045. CERTIFICATION OF ELECTION RESULTS IN LESS
POPULOUS DISTRICTS. (a) This section applies only to a district
that:
(1) has 10 or fewer registered voters; and
(2) holds an election jointly with a county in which
the district is wholly or partly located.
(b) A district may provide for an inquiry into and
certification of the voting results of an election under this
section if:
(1) the election results indicate that the number of
votes cast in the election was greater than the number of registered
voters in the district;
(2) the board determines that the election results are
likely to be disputed in court; and
(3) the board can determine from the official list of
registered voters prepared by the county voter registrar or county
elections administrator for the district election which voters were
qualified to vote in the district election and can determine from
the signature roster from the joint election who voted in the joint
election.
(c) To certify the district votes, the board by rule shall
adopt a procedure to determine for each person who signed the
signature roster as a voter in the joint election:
(1) whether the person's address on the day of the
election was in the district; and
(2) how the person voted in the district election.
(d) The certified votes are the official election results.
(e) Certification of the results under this section does not
preclude the filing of an election contest.
SECTION 1.21. Sections 49.105(c) and (d), Water Code, are
amended to read as follows:
(c) If the number of directors is reduced to fewer than a
majority or if a vacancy continues beyond the 90th day after the
date the vacancy occurs, the vacancy or vacancies may [shall] be
filled by appointment by the commission if the district is required
by Section 49.181 to obtain commission approval of its bonds or by
the county commissioners court if the district was created by the
county commissioners court, regardless of whether a petition has
been presented to the board under Subsection (b). An appointed
director shall serve for the unexpired term of the director he or
she is replacing.
(d) In the event of a failure to elect one or more members of
the board of a district resulting from the absence of, or failure to
vote by, the qualified voters in an election held by the district,
the current members of the board or temporary board holding the
positions not filled at such election shall be deemed to have been
elected [reelected] and shall serve an additional term of office,
or, in the case of a temporary board member deemed elected under
this subsection, the initial term of office.
SECTION 1.22. Section 49.108, Water Code, is amended by
adding Subsections (g), (h), and (i) to read as follows:
(g) On or before the first day for early voting by personal
appearance at an election held to authorize a contract, a
substantially final form of the contract must be filed in the office
of the district and must be open to inspection by the public. The
contract is not required to be attached as an exhibit to the order
calling the election to authorize the contract.
(h) A single contract may contain multiple purposes or
provisions for multiple facilities authorized by one or more
constitutional provisions. The contract may generally describe the
facilities to be acquired or financed by the district without
reference to specific constitutional provisions. A contract
described by this subsection may be submitted for approval in a
single proposition at an election.
(i) A contract between districts to provide facilities or
services is not required to specify the maximum amount of bonds or
expenditures authorized under the contract if:
(1) the contract provides that the service area cannot
be enlarged without the consent of at least two-thirds of the boards
of directors of the districts that are:
(A) included in the service area as proposed to
be enlarged; or
(B) served by the facilities or services provided
in the contract;
(2) the contract provides that bonds or expenditures,
payable wholly or partly from contract taxes, are issued or made:
(A) on an emergency basis; or
(B) to purchase, construct, acquire, own,
operate, repair, improve, or extend services or facilities
necessary to comply with changes in applicable regulatory
requirements; or
(3) the contract provides that the bonds or
expenditures require prior approval by any district that is
obligated to pay debt service on those bonds or to pay for those
expenditures wholly or partly with contract taxes.
SECTION 1.23. Subchapter D, Chapter 49, Water Code, is
amended by adding Sections 49.109, 49.110, 49.111, 49.112, and
49.113 to read as follows:
Sec. 49.109. AGENT DURING ELECTION PERIOD. The board may
appoint a person, including a district officer, employee, or
consultant, to serve as the district's agent under Section 31.123,
Election Code.
Sec. 49.110. ELECTION JUDGE. (a) The notice requirements
for the appointment of a presiding election judge under Section
32.009, Election Code, do not apply to an election held by a
district.
(b) To serve as an election judge in an election held by a
district, a person must be a registered voter of the county in which
the district is wholly or partly located. To the extent of any
conflict with Section 32.051, Election Code, this section controls.
Sec. 49.111. EXEMPTIONS FROM USE OF ACCESSIBLE VOTING
SYSTEMS. (a) Notwithstanding Sections 61.012 and 61.013,
Election Code, a district is exempt from the acquisition, lease, or
use of an electronic voting system for an election if:
(1) the election is a confirmation election or an
election held jointly with a confirmation election on the same date
and in conjunction with the confirmation election, except for an
election in which a federal office appears on the ballot;
(2) the most recently scheduled district directors'
election was not held, as provided by Section 2.053(b), Election
Code; or
(3) fewer than 250 voters voted at the most recently
held district directors' election.
(b) A district eligible for the exemption under Subsection
(a) must publish notice in a newspaper of general circulation in an
area that includes the district or mail notice to each voter in the
district regarding the district's intention to hold an election
without providing a voting station that meets the requirements for
accessibility under 42 U.S.C. Section 15481(a)(3) on election day
and during the period for early voting by personal appearance. The
notice must be published or mailed not later than the later of:
(1) the 75th day before the date of the election; or
(2) the date on which the district adopts the order
calling the election.
(c) The notice required by Subsection (b) must:
(1) provide that any voter in the district may request
the use of a voting station that meets the accessibility
requirements for voting by a person with a disability; and
(2) provide information on how to submit such a
request.
(d) The district shall comply with a request for an
accessible voting station if the request is received not later than
the 45th day before the date of the election.
Sec. 49.112. CANCELLATION OF ELECTION; REMOVAL OF BALLOT
MEASURE. Before the first day of early voting by personal
appearance, the board by order or resolution may cancel an election
called at the discretion of the district or may remove from the
ballot a measure included at the discretion of the district. A copy
of the order or resolution must be posted during the period for
early voting by personal appearance and on election day at each
polling place that is used or that would have been used in the
election.
Sec. 49.113. NOTICE FOR FILING FOR PLACE ON BALLOT. A
notice required by Section 141.040, Election Code, must be posted
at the district's administrative office in the district or at the
public place established by the district under Section 49.063 of
this chapter not later than the 30th day before the deadline for a
candidate to file an application for a place on the ballot of a
district directors' election.
SECTION 1.24. Section 49.151(c), Water Code, is amended to
read as follows:
(c) The board may allow disbursements of district money to
be transferred by federal reserve wire system or by electronic
means. The board by resolution may allow the wire or electronic
transfers to accounts in the name of the district or accounts not in
the name of the district.
SECTION 1.25. Sections 49.154(a) and (c), Water Code, are
amended to read as follows:
(a) The board may declare an emergency in the matter of
funds not being available to pay principal of and interest on any
bonds of the district payable in whole or in part from taxes or to
meet any other needs of the district and may issue [negotiable] tax
anticipation notes or [negotiable] bond anticipation notes to
borrow the money needed by the district without advertising or
giving notice of the sale. A district's bond anticipation notes or
tax anticipation notes are negotiable instruments within the
meaning and purposes of the Business & Commerce Code
notwithstanding any provision to the contrary in that code. Bond
anticipation notes and tax anticipation notes shall mature within
one year of their date.
(c) Bond anticipation notes may be issued for any purpose
for which bonds of the district may be issued [have previously been
voted] or [may be issued] for the purpose of refunding previously
issued bond anticipation notes. A district may covenant with the
purchasers of the bond anticipation notes that the district will
use the proceeds of sale of any bonds in the process of issuance for
the purpose of refunding the bond anticipation notes, in which case
the board will be required to use the proceeds received from sale of
the bonds in the process of issuance to pay principal, interest, or
redemption price on the bond anticipation notes.
SECTION 1.26. Section 49.181(a), Water Code, is amended to
read as follows:
(a) A district may not issue bonds to finance a project for
which the commission has adopted rules requiring review and
approval unless the commission determines that the project [to be
financed by the bonds] is feasible and issues an order approving the
issuance of the bonds. This section does not apply to:
(1) refunding bonds if the commission issued an order
approving the issuance of the bonds or notes that originally
financed the project;
(2) refunding bonds that are issued by a district
under an agreement between the district and a municipality allowing
the issuance of the district's bonds to refund bonds issued by the
municipality to pay the cost of financing facilities;
(3) bonds issued to and approved by the Farmers Home
Administration, the United States Department of Agriculture, the
North American Development Bank, or the Texas Water Development
Board; or
(4) refunding bonds issued to refund bonds described
by Subdivision (3).
SECTION 1.27. Section 49.194, Water Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (h) to
read as follows:
(a) Except as provided by Subsection (h), after [After] the
board has approved the audit report, it shall submit a copy of the
report to the executive director for filing within 135 days after
the close of the district's fiscal year.
(b) Except as provided by Subsection (h), if [If] the board
refuses to approve the annual audit report, the board shall submit a
copy of the report to the executive director for filing within 135
days after the close of the district's fiscal year, accompanied by a
statement from the board explaining the reasons for its failure to
approve the report.
(c) Copies of the audit report, the annual financial
dormancy affidavit, or annual financial report described in
Sections 49.197 and 49.198 shall be filed annually in the office of
the district.
(h) A special water authority shall submit a copy of the
audit report to the executive director for filing not later than the
160th day after the date the special water authority's fiscal year
ends.
SECTION 1.28. Section 49.212, Water Code, is amended by
amending Subsection (d) and adding Subsections (d-1) and (d-2) to
read as follows:
(d) Notwithstanding any provision of law to the contrary, a
district that charges a fee that is an impact fee as described in
Section 395.001(4), Local Government Code, must comply with Chapter
395, Local Government Code. A charge or fee is not an impact fee
under that chapter if:
(1) the charge or fee is imposed by a district for
construction, installation, or inspection of a tap or connection to
district water, sanitary sewer, or drainage facilities, including
all necessary service lines and meters, for capacity in storm water
detention or retention facilities and related storm water
conveyances, or for wholesale facilities that serve such water,
sanitary sewer, [or] drainage, or storm water detention or
retention facilities; and
(2) the charge or fee:
(A) [that (i)] does not exceed three times the
actual [and reasonable] costs to the district for such tap or
connection;
(B) [, (ii)] if made to a nontaxable entity for
retail or wholesale service, does not exceed the actual costs to the
district for such work and for all facilities that are necessary to
provide district services to such entity and that are financed or
are to be financed in whole or in part by tax-supported or revenue
bonds of the district; [,] or
(C) is [(iii) if] made by a district for retail or
wholesale service on land that at the time of platting was not being
provided with water, [or] wastewater, drainage, or storm water
detention or retention service by the district[, shall not be
deemed to be an impact fee under Chapter 395, Local Government
Code].
(d-1) Actual costs under Subsection (d), as determined by
the board in its reasonable discretion, may include nonconstruction
expenses attributable to the design, permitting, financing, and
construction of those facilities, and reasonable interest on those
costs calculated at a rate not to exceed the net effective interest
rate on any district bonds issued to finance the facilities.
(d-2) A district may pledge the revenues of the district's
utility system to pay the principal of or interest on bonds issued
to construct the capital improvements for which a fee is [was]
imposed under Subsection (d) [this subsection], and money received
from the fees shall be considered revenues of the district's
utility system for purposes of the district's bond covenants.
SECTION 1.29. Section 49.2121(b), Water Code, is amended to
read as follows:
(b) A district may:
(1) accept a credit card for the payment of any fees
and charges imposed by the district;
(2) collect a fee[, not to exceed five percent of the
amount of the fee or charge being paid,] that is reasonably related
to the expense incurred by the district in processing the payment by
credit card; and
(3) collect a service charge for the expense incurred
by the district in collecting the original fee or charge if the
payment by credit card is not honored by the credit card company on
which the funds are drawn.
SECTION 1.30. Section 49.216, Water Code, is amended by
amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) Any peace officer who is directly employed by a
district, before beginning to perform any duties and at the time of
appointment, must take an oath and execute a bond conditioned on
faithful performance of such officer's duties in the amount of
$1,000 payable to the district. The oath and the bond shall be
filed in the district office.
(f) A peace officer contracted for by the district,
individually or through a county, sheriff, constable, or
municipality, is an independent contractor, and the district is
responsible for the acts or omissions of the peace officer only to
the extent provided by law for other independent contractors.
SECTION 1.31. Subchapter H, Chapter 49, Water Code, is
amended by adding Section 49.239 to read as follows:
Sec. 49.239. WATER RATES. (a) In this section, "utility"
means a person or any combination of persons, other than a district,
a water supply corporation that has adopted and is operating in
accordance with bylaws or articles of incorporation that ensure
that it is member-owned and member-controlled, or a political
subdivision of the state, or their lessees, trustees, and
receivers, providing potable water service to a district or to the
residents of that district.
(b) Notwithstanding the provisions of any agreement, a
district may appeal the rate it is charged by a utility for potable
water service by filing a petition with the commission. The
commission shall hear the appeal de novo, and the utility bears the
burden of proof to establish that the rate is just and reasonable
and does not adversely affect the public interest. The commission
shall presume that the rate adversely affects the public interest
if the rate the utility charges on the date the petition is filed is
at least 200 percent higher than the rate charged at any time during
the 36-month period before the date of the petition. The commission
shall set the rates to be charged by the utility, and the utility
may not increase the rates without the approval of the commission.
SECTION 1.32. Sections 49.273(d) and (e), Water Code, are
amended to read as follows:
(d) For contracts over $75,000 [$50,000], the board shall
advertise the letting of the contract, including the general
conditions, time, and place of opening of sealed bids. The notice
must [shall] be published in one or more newspapers circulated in
each county in which [part of] the district is located. [If one
newspaper meets both of these requirements, publication in such
newspaper is sufficient.] If there are more than four counties in
the district, notice may be published in any newspaper with general
circulation in the district. The notice must [shall] be published
once a week for two consecutive weeks before the date that the bids
are opened, and the first publication must [shall] be not later than
the 14th [21st] day before the date of the opening of the sealed
bids.
(e) For contracts over $25,000 but not more than $75,000
[$50,000], the board shall solicit written competitive bids on
uniform written specifications from at least three bidders.
SECTION 1.33. Section 49.351, Water Code, is amended by
amending Subsections (a), (b), (c), (f), (i), and (l) and adding
Subsection (m) to read as follows:
(a) A district providing potable water or sewer service to
household users may, separately or jointly with another district,
municipality, or other political subdivision, establish, operate,
and maintain, finance with ad valorem taxes, mandatory fees, or
voluntary contributions, and issue bonds for a fire department to
perform all fire-fighting services within the district as provided
in this subchapter and may provide for [issue bonds or impose a
mandatory fee, with voter approval, for financing a plan approved
in accordance with this section, including] the construction and
purchase of necessary buildings, facilities, land, and equipment
and the provision of an adequate water supply.
(b) After complying with the requirements of this section
[approval of the district electors of a plan to operate, jointly
operate, or jointly fund the operation of a fire department, and
after complying with Subsections (g), (h), and (i)], the district
or districts shall provide an adequate system and water supply for
fire-fighting purposes, may purchase necessary land, may construct
and purchase necessary buildings, facilities, and equipment, and
may employ or contract with a fire department to employ all
necessary personnel including supervisory personnel to operate the
fire department.
(c) For [Bonds for] financing a plan approved in accordance
with this section, bonds and ad valorem taxes must [shall] be
authorized and may be issued or imposed[, and a district shall be
authorized to levy a tax to pay the principal of and interest on
such bonds,] as provided by law for the authorization and issuance
of other bonds and the authorization and imposition of other ad
valorem taxes of the district.
(f) Before a district imposes an ad valorem tax or issues
bonds payable wholly or partly from ad valorem taxes to finance the
establishment of [establishes] a fire department, contracts to
operate a joint fire department, or contracts with another person
to perform fire-fighting services within the district, the district
must comply with [the provisions of] Subsections (g), (h), and (i).
A district that funds fire-fighting services with revenue,
including mandatory fees or voluntary contributions, is not
required to comply with Subsections (g), (h), and (i).
(i) After approval of a plan by the commission, the district
shall hold an [submit to the electors of the district at the]
election to approve the plan, approve bonds payable wholly or
partly from ad valorem taxes, and [or to] impose ad valorem taxes [a
mandatory fee] for financing the plan. The election [, or if no
bonds or fees are to be approved, at an election called for approval
of the plan, which] may be held in conjunction with an election
required by Section 49.102[, the proposition of whether or not the
plan should be implemented or entered into by the district]. [The
ballots at the election shall be printed, as applicable, to provide
for voting for or against the proposition: "The implementation of
the plan for (operation/joint operation) of a fire department"; or
"The plan and contract to provide fire-fighting services for the
district."]
(l) A [Notwithstanding the requirements of Subsections
(a)-(j), a] district providing potable water or sewer service to
household users may, as part of its billing process, collect from
its customers a voluntary contribution on behalf of organizations
providing fire-fighting services to the district. A district that
chooses to collect a voluntary contribution under this subsection
must give reasonable notice to its customers that the contribution
is voluntary. Water and sewer service may not be terminated as a
result of failure to pay the voluntary contribution.
(m) If a customer makes a partial payment of a district bill
for water or sewer service and includes with the payment a voluntary
contribution for fire-fighting services under Subsection (l), the
district shall apply the voluntary contribution first to the bill
for water or sewer service, including any interest or penalties
imposed. The district shall use any amount remaining for
fire-fighting services.
SECTION 1.34. Section 49.462(1), Water Code, is amended to
read as follows:
(1) "Recreational facilities" means parks,
landscaping, parkways, greenbelts, sidewalks, trails, public
right-of-way beautification projects, and recreational equipment
and facilities. The term includes associated street and security
lighting. The term does not include a minor improvement or
beautification project to land acquired or to be acquired as part of
a district's water, sewer, or drainage facilities.
SECTION 1.35. Subchapter N, Chapter 49, Water Code, is
amended by adding Section 49.4641 to read as follows:
Sec. 49.4641. RECREATIONAL FACILITIES ON SITES ACQUIRED FOR
WATER, SEWER, OR DRAINAGE FACILITIES. (a) A district may develop
and maintain recreational facilities on a site acquired for the
purpose of developing water, sewer, or drainage facilities.
(b) A district is not required to prorate the costs of a site
described by Subsection (a) between the primary water, sewer, or
drainage purpose and any secondary recreational facilities purpose
if a licensed professional engineer certifies that the site is
reasonably sized for the intended water, sewer, or drainage
purpose.
(c) The engineer may consider the following factors in
determining the reasonableness of the size of a water, sewer, or
drainage site:
(1) the rules, regulations, and design guidelines or
criteria of a municipality, county, or other entity exercising
jurisdiction;
(2) sound engineering principles;
(3) the impact on adjoining property;
(4) the availability of sites that meet the
requirements for the proposed use;
(5) requirements for sanitary control;
(6) the need for a buffer zone to mitigate noise or for
aesthetic purposes;
(7) benefits to storm water quality; and
(8) anticipated expansions of facilities resulting
from:
(A) future growth and demand for district
facilities; or
(B) changes in regulatory requirements.
SECTION 1.36. Sections 49.4645(a) and (b), Water Code, are
amended to read as follows:
(a) A district all or part of which is located in Bastrop
County, Bexar County, Waller County, Travis County, Williamson
County, Harris County, Galveston County, Brazoria County,
Montgomery County, or Fort Bend County may issue bonds supported by
ad valorem taxes to pay for the development and maintenance of
recreational facilities only if the bonds are authorized by a
majority vote of the [qualified] voters of the district voting in an
election held for that purpose. The outstanding principal amount
of bonds, notes, and other obligations issued to finance parks and
recreational facilities supported by ad valorem taxes [payable from
any source] may not exceed an amount equal to one percent of the
value of the taxable property in the district or, if supported by
contract taxes under Section 49.108, may not exceed an amount equal
to one percent of the sum of the value of the taxable property in the
districts making payments under the contract as shown by the tax
rolls of the central appraisal district at the time of the issuance
of the bonds, notes, and other obligations or an amount greater than
the estimated cost provided in the park plan under Subsection (b),
whichever is smaller. An estimate of the value provided by the
central appraisal district may be used to establish the value of the
taxable property in the district or districts under this section.
The district may not issue bonds supported by ad valorem taxes to
pay for the development and maintenance of:
(1) indoor or outdoor swimming pools; or
(2) golf courses.
(b) On or before the 10th day before the first day for early
voting by personal appearance at [Not later than the 10th day
before] an election [is] held to authorize the issuance of bonds for
the development and maintenance of recreational facilities, the
board shall file in the district office for review by the public a
park plan covering the land, improvements, facilities, and
equipment to be purchased or constructed and their estimated cost,
together with maps, plats, drawings, and data fully showing and
explaining the park plan. The park plan is not part of the
proposition to be voted on, [and the park plan] does not create a
contract with the voters, and may be amended at any time after the
election held to authorize the issuance of bonds for the
development and maintenance of recreational facilities provided
under the plan. The estimated cost stated in the amended park plan
may not exceed the amount of bonds authorized at that election.
SECTION 1.37. Section 51.072, Water Code, is amended to
read as follows:
Sec. 51.072. QUALIFICATIONS FOR DIRECTOR. (a) To be
qualified for election as a director, a person must:
(1) be a resident of the state;
(2) [,] own land subject to taxation in the district or
be a qualified voter in the district; [,] and
(3) be at least 18 years of age.
(b) Section 49.052 does not apply to a district governed by
this chapter whose principal purpose is providing water for
irrigation.
SECTION 1.38. Section 51.335, Water Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The district shall not usurp functions or duplicate a
service already adequately exercised or rendered by the other
governmental agency except:
(1) under a valid contract with the other governmental
agency; or
(2) as provided by Subsection (c).
(c) The district may finance, develop, and maintain
recreational facilities under Subchapter N, Chapter 49, even if
similar facilities may be provided by a political subdivision or
other governmental entity included wholly or partly in the
district.
SECTION 1.39. Section 51.523, Water Code, is amended to
read as follows:
Sec. 51.523. BALLOTS. The ballot for an election under this
subchapter shall be printed to provide for voting for or against
substantially the proposition: "Designation of the area, issuance
of bonds, [and] levy of a tax to retire the bonds, and levy of a
maintenance tax."
SECTION 1.40. Section 51.527, Water Code, is amended by
adding Subsection (c) to read as follows:
(c) After bonds issued for the defined area or designated
property are fully paid or defeased, the board may declare the
defined area dissolved or may repeal the designation of the
designated property. After that declaration or repeal, the board
shall cease imposing any special taxes authorized under the adopted
tax plan on the property located in the defined area or on the
designated property.
SECTION 1.41. Section 53.063(a), Water Code, is amended to
read as follows:
(a) Except as provided by Subsection (b), to be qualified
for election as a supervisor, a person must be:
(1) a resident of this state;
(2) the owner of taxable property in the district or a
qualified voter in the district; and
(3) at least 18 years of age.
SECTION 1.42. Section 54.016(f), Water Code, is amended to
read as follows:
(f) A city may provide in its written consent for the
inclusion of land in a district that is initially located wholly or
partly outside the corporate limits of the city that a contract
("allocation agreement") between the district and the city be
entered into prior to the first issue of bonds, notes, warrants, or
other obligations of the district. The allocation agreement shall
contain the following provisions:
(1) a method by which the district shall continue to
exist following the annexation of all territory within the district
by the city, if the district is initially located outside the
corporate limits of the city;
(2) an allocation of the taxes or revenues of the
district or the city which will assure that, following the date of
the inclusion of all the district's territory within the corporate
limits of the city, the total annual ad valorem taxes collected by
the city and the district from taxable property within the district
does not exceed an amount greater than the city's ad valorem tax
upon such property;
(3) an allocation of governmental services to be
provided by the city or the district following the date of the
inclusion of all of the district's territory within the corporate
limits of the city; and
(4) such other terms and conditions as may be deemed
appropriate by the city.
SECTION 1.43. Subchapter D, Chapter 54, Water Code, is
amended by adding Section 54.204 to read as follows:
Sec. 54.204. PUBLIC MEETINGS BEFORE CERTAIN WATER RATE
INCREASES. (a) A wholesale supplier of water to a district that
proposes to increase the rate the district pays for water must
conduct at least two public meetings on the proposed rate increase
in the district.
(b) The district may pass the increase along to the
district's customers only after the public meetings have been held
under Subsection (a).
(c) This section applies only to a proposed rate that is at
least 200 percent higher than the rate the wholesale supplier
charged the district at any time in the preceding 36-month period.
SECTION 1.44. Section 54.236, Water Code, is amended to
read as follows:
Sec. 54.236. STREET OR SECURITY LIGHTING. (a) Subject to
the provisions of this section, a district may purchase, install,
operate, and maintain street lighting or security lighting within
public utility easements or public rights-of-way or property owned
by [within the boundaries of] the district.
(b) A district may not issue bonds supported by ad valorem
taxes to pay for the purchase, installation, and maintenance of
street or security lighting, except as authorized by Section 54.234
or Subchapter N, Chapter 49.
SECTION 1.45. Section 54.739, Water Code, is amended to
read as follows:
Sec. 54.739. SUBSTITUTING LAND OF EQUAL VALUE. After the
district is organized and has obtained voter approval for the
issuance of, or has sold, bonds payable wholly or partly from ad
valorem taxes [acquires facilities with which to function for the
purposes for which it was organized, and votes, issues and sells
bonds for such purposes], land within the district boundaries
subject to taxation that does not need or utilize the services of
the district may be excluded and other land not within the
boundaries of the district may be included within the boundaries of
the district without impairment of the security for payment of the
bonds or invalidation of any prior bond election, as provided by
this section and Sections 54.740 through 54.747.
SECTION 1.46. Section 54.744, Water Code, is amended to
read as follows:
Sec. 54.744. IMPAIRMENT OF SECURITY. (a) For purposes of
the board's consideration of the applications, the lands proposed
for inclusion shall be deemed to be sufficient to avoid an
impairment of the security for payment of obligations of the
district if:
(1) according to the most recent tax roll of the
district or the most recently certified estimates of taxable value
from the chief appraiser of the appropriate appraisal district, the
taxable value of such included lands equals or exceeds the taxable
value of the excluded lands; and
(2) either the estimated costs of providing district
facilities and services to such included lands is equal to or less
than the estimated costs of providing district facilities and
services to the excluded lands or any increased estimated costs of
providing district facilities and services to the included land, as
determined by the district's engineer, can be amortized at
prevailing bond interest rates and maturity schedules and the
prevailing debt service tax rate of the district, as determined by
the district's professional financial advisor, when applied to the
increase in taxable value of the included land over the taxable
value of the excluded land.
(b) If the district has any[; and (3) the district's]
outstanding bonds or contract obligations [are] payable in whole or
in part by a pledge of net revenues from the ownership or operation
of the district's facilities at the time the board considers an
application, the lands proposed for inclusion shall be deemed to be
sufficient to avoid an impairment of the security for payment of
obligations of the district if[, and] the projected net revenues to
be derived from the lands to be included during the succeeding
12-month period, as determined by the district's engineer, equals
or exceeds the projected net revenues that would otherwise have
been derived from the lands to be excluded during the same period.
(c) In this section, the taxable value of included land
means the market value of the land if, before or contemporaneously
with the inclusion of the land in the district, the owner of the
land waives the right to special appraisal of the land as to the
district under Section 23.20, Tax Code.
SECTION 1.47. Section 49.103(g), Water Code, is repealed.
SECTION 1.48. (a) Section 36.1071, Water Code, as amended
by this article, applies only to the rulemaking authority of a
groundwater conservation district related to a management plan or
an amendment to a management plan that is submitted by the district
to the executive administrator of the Texas Water Development Board
for review and approval on or after the effective date of this
article. A district's rulemaking authority related to a management
plan or an amendment to a management plan that is submitted to the
executive administrator of the Texas Water Development Board before
the effective date of this article is governed by the law in effect
when the management plan or amendment was submitted, and the former
law is continued in effect for that purpose.
(b) The change in law made by this article to Section
36.301, Water Code, applies only to a violation by a groundwater
conservation district that occurs on or after the effective date of
this article. A violation that occurs before the effective date of
this article is governed by the law in effect on the date the
violation occurred, and the former law is continued in effect for
that purpose.
SECTION 1.49. The legislature finds that an agreement
entered into before September 1, 2011, by a municipality and a
municipal utility district is an allocation agreement only if:
(1) the district is initially located wholly or partly
outside the corporate limits of the municipality;
(2) the agreement strictly complies with the
requirements of Section 54.016(f), Water Code, as that section
existed immediately before the effective date of this article; and
(3) the agreement is specifically designated by the
parties to the agreement as an "allocation agreement" under Section
54.016(f), Water Code.
SECTION 1.50. Not later than December 1, 2011, the Texas
Commission on Environmental Quality shall adopt any rules or
amendments to existing rules necessary to implement Section
49.4641, Water Code, as added by this article.
SECTION 1.51. (a) Except as provided by Subsection (b) of
this section, this article takes effect September 1, 2011.
(b) Sections 54.739 and 54.744, Water Code, as amended by
this article, take effect immediately if this Act receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution; otherwise, those
sections take effect September 1, 2011.
ARTICLE 2. BELL COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
SECTION 2.01. Subtitle F, Title 6, Special District Local
Laws Code, is amended by adding Chapter 8372 to read as follows:
CHAPTER 8372. BELL COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8372.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Bell County Municipal Utility
District No. 1.
Sec. 8372.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8372.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8372.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8372.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8372.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8372.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2.02 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2.02
of the Act enacting this chapter form a closure. A mistake made in
the field notes or in copying the field notes in the legislative
process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8372.007-8372.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8372.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8372.052, directors serve
staggered four-year terms.
Sec. 8372.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Roger Hunter;
(2) Randy Reding;
(3) David Barr;
(4) Karen Walinder; and
(5) David Lazar.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8372.003; or
(2) September 1, 2015.
(c) If permanent directors have not been elected under
Section 8372.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8372.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
[Sections 8372.053-8372.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8372.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8372.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8372.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the commission as required by Section 54.234, Water Code.
Sec. 8372.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8372.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8372.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8372.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8372.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8372.107-8372.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8372.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8372.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8372.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8372.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8372.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8372.154-8372.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8372.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8372.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8372.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2.02. The Bell County Municipal Utility District
No. 1 initially includes all the territory contained in the
following area:
Being all that certain tract or parcel of land situated in the C. H.
Fitch Survey, A-316, the John Lewis Survey, A-512, the S.C. Fitch
Survey, A-371, and the Young Williams Survey, A-861, Bell County,
Texas, being all of Tract One (called 442.51 acres), Tract Two
(called 23.923 acres), and Tract 4 (called 8.440 acres) described
in deed to Weldon Whitis and Bruce Whitis in Volume 4441, Page 575,
Official Records, Bell County, Texas, and all of that certain
called 64.7 acre tract described in deed to Whitis Land
Investments, Ltd., in Volume 6622, Page 114, Official Records, Bell
County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at an iron rod at the southeast corner of said Tract 4
(called 8.440 acres), same being in the north line of said Tract One
(called 442.51 acres), also being the southwest corner of Tract
Three (called 6.747 acres) also described in deed to Weldon Whitis
and Bruce Whitis in Volume 4441, Page 575, Official Records, Bell
County, Texas, for corner of the herein described tract,
THENCE N 17°42'07" E, 444.85 along the west line of said Tract Three
and east line of said Tract Two to an iron pipe for corner of the
herein described tract;
THENCE in a westerly direction along the north line of said Tract
Three with the following courses:
1. N 88°11'16" W, 310.38 feet to an iron pipe;
2. S 83°11'40" W, 317.12 feet, to an iron pipe;
3. S 82°58'31" W, 246.70, feet to an iron pipe, for the northwest
corner of said Tract Three;
THENCE in a southerly direction along the west line of said Tract
Three with the following courses:
1. S 10°13'31" W, 26.66 feet;
2. S 29°13'59" E, 10.60 feet;
3. S 01°30'59" E 14.54 feet;
4. S 43°00'42" W, 24.35 feet;
5. S 61°37'21" W, 12.89 feet;
6. S 14°33'54" W, 88.90 feet, to an iron pipe in a fence corner, for
an ell corner;
THENCE N 71°44'38" W, 190.17 feet, westerly, along a north line of
said Tract Three to an iron rod in the north line of said Tract One;
THENCE in a westerly direction along the north line of said Tract
One with the following courses:
1. N 70°34'14" W, 44.59 feet, an iron rod for corner;
2. N 72°25'22" W, 616.92 feet, an iron rod for corner;
3. N 74°43'06" W, 507.39 feet, an iron rod in the east line of said
64.7 acre tract, for corner;
THENCE N 15°55'53" E, 851.78 feet, westerly, along an east line of
said 64.7 acre tract to a cedar, for the northeast corner of said
64.7 acre tract;
THENCE in a westerly direction a the north line of said 64.7 acre
tract with the following courses:
1. N 48°17'37" W, 82.11 feet, a post for corner;
2. N 28°55'27" W, 225.01 feet, a post for corner;
3. N 58°18'37" W, 18.24 feet, an elm for corner;
4. N 75°42'40" W, 266.08 feet, an iron rod for corner;
5. N 75°23'12" W, 237.82 feet, an iron rod for corner;
6. N 73°19'20" W, 164.19 feet, an iron rod for the northeast corner
of Lot 5, Block 6, Stoneoak Subdivision, Phase 2, recorded in
Cabinet B, Slide 334-B, Plat Records, Bell County, Texas, for
corner of the herein described tract;
THENCE along the easterly and southerly boundaries of Block 6,
Stoneoak Subdivision, Phase 2 with the following courses:
1. S 14°37'25" W, 427.85 feet, an iron rod for corner;
2. S 39°36'49" W, 477.27 feet, an iron rod for corner;
3. N 50°23'11" W, 139.40 feet, an iron rod in the north margin of
Stoneoak Dr., for corner;
THENCE S 39°36'49" W, 60.00 feet, to an iron rod in the south margin
of Stoneoak Dr, for corner;
THENCE N 50°23'59" W, 99.90 feet, along the south margin of Stoneoak
Dr., to an iron rod for the northeast corner of Block 3, Stoneoak
Subdivision, Phase 2, for corner;
THENCE along the easterly and southerly boundaries of Block 3,
Stoneoak Subdivision, Phase 2 with the following courses:
1. S 39°39'11" W, 139.38 feet, an iron rod for the northeast corner
of Lot 5, Block 3, Stoneoak Subdivision, Phase 2, for corner;
2. N 50°23'11" W, 311.48 feet, an iron rod, for corner;
3. N 53°09'02" W, 458.34 feet, an iron rod for the southwest corner
of Lot 1, Block 3, Stoneoak Subdivision, Phase 2, same being the
southeast corner of Lot 1, Block 1, Stoneoak Subdivision, Phase 1,
recorded in Cabinet B, Slide 236-B, Plat Records, Bell County,
Texas, for corner;
THENCE N 53°50'25" W, 155.91 feet, along the south line of said Lot
1, Block 1, to an iron rod in the east margin of FM 1670, for corner;
THENCE S 27°04'56" W, 566.14 feet, along the east margin of FM 1670
for an iron rod in the north line of Lot 6, Block 1, Stoneoak
Subdivision, Phase 1, for corner;
THENCE along the easterly and southerly boundaries of Lot Lot 6,
Block 1, Stoneoak Subdivision, Phase 1, with the following courses:
1. S 53°56'27" E, 155.87 feet, an iron rod for corner;
2. S 27°04'53" W, 145.23 feet, an iron rod for the southeast corner
of said Lot 6, Block 1, Stoneoak Subdivision, Phase 1, and corner of
the herein described tract;
THENCE along the southeasterly along the southerly boundary of said
64.7 acre tract with the following courses:
1. S 56°19'35" E, 696.11 feet, an iron rod, for corner;
2. N 23°01'40" E, 18.36 feet, an iron rod, for corner;
3. S 47°22'19" E, 1346.71 feet, an iron rod, in the west line of
said Tract One and an ell corner of the herein described tract;
THENCE in a southerly direction along the fenced west line of said
Tract One with the following courses:
1. S 45°43'29" W, 521.79 feet, an iron rod, for corner;
2. S 28°59'19" W, 430.76 feet, an iron rod, for corner;
3. S 15°02'24" W, 590.71 feet, a 12" cedar, for corner;
4. S 31°13'21" W, 11.21 feet, a 12" cedar, for corner;
5. S 28°24'41" W, 2.53 feet, an iron rod for the north corner of the
called 8.12 acre tract described in deed to the United States of
America in Volume 874, Page 283, Deed Records of Bell County, Texas;
THENCE S 19°42'32" E, 1187.26 feet, along a east line of said 8.12
acre tract and west line of said Tract One to an iron pipe for the
south corner of said 8.12 acre tract, for corner;
THENCE S 15°55'45" W, 377.40 feet, along a north west line of said
Tract One to an iron pipe for the westerly southwest corner of the
herein described tract;
THENCE S 78°41'13" E, 2847.43 feet, along a south line of said Tract
One and existing fence to an iron pipe in a fence corner, same being
an ell corner of the herein described tract;
THENCE S 12°34'41" W, 95.71 feet, to a point, for corner;
THENCE in a easterly direction 100' north of an parallel to the
south line of said Tract One, south line of said Tract Two, and left
bank of the Lampasas River with the following courses:
1. N 59°59'13" E, 125.67 feet, a point, for corner;
2. N 78°13'20" E, 288.55 feet, a point, for corner;
3. S 69°41'17" E, 72.82 feet, a point, for corner;
4. S 67°06'56" E, 275.14 feet, a point, for corner;
5. S 58°22'11" E, 271.35 feet, a point, for corner
6. S 46°50'39" E, 512.57 feet, a point, for corner;
7. S 26°54'16" E, 299.38 feet, a point, for corner;
8. S 43°48'14" E, 309.26 feet, a point, for the southeast corner of
the herein described tract;
THENCE in a northerly direction along the fenced east line of said
Tract Two, and east line of the herein described tract, with the
following courses:
1. N 14°02'58" E, 481.07 feet, a post, for corner;
2. N 02°07'12" W, 180.92 feet, a post, for corner;
3. N 10°32'57" E, 614.21 feet, a post, for corner;
4. N 49°54'32" E, 229.03 feet, a fence corner post for the
northeast corner of said Tract Two;
THENCE in a westerly direction along a fenced north line of said
Tract Two, and east line of the herein described tract, with the
following courses:
1. N 72°21'30" W, 39.54 feet, an iron rod, for corner;
2. N 64°20'47" W, 70.85 feet, an iron rod in a fence corner in the
east line of said Tract One, for corner of the herein described
tract;
THENCE in a northerly direction along the fenced east line of said
Tract One, and east line of the herein described tract, with the
following courses:
1. N 53°59'40" E, 167.20 feet, an iron rod, for corner;
2. N 59°20'36" E, 58.19 feet, an iron rod, for corner;
3. N 62°55'16" E, 71.72 feet, an iron rod, for corner;
4. N 69°11'44" E, 68.89 feet, a an iron rod, for corner;
5. N 62°45'31" E, 112.05 feet, an iron rod, for corner;
6. N 73°56'23" E, 35.96 feet, an iron rod, for corner;
7. N 61°52'10" E, 86.51 feet, an iron rod, for corner;
8. N 51°31'36" E, 274.08 feet, an iron rod, for corner;
9. N 45°30'37" E, 58.94 feet, an iron rod, for corner;
10. N 35°22'34" E, 111.93 feet, an iron rod, for corner;
11. N 24°37'26" E, 55.46 feet, an iron rod, for corner;
12. N 02°52'20" E, 61.55 feet, an iron rod, for corner;
13. N 05°33'08" W, 125.86 feet, an iron rod, for corner;
14. N 42°54'00" W, 25.42 feet, an iron rod, for corner;
15. N 83°42'20" W, 111.89 feet, a post, for corner;
16. N 79°38'56" W, 59.70 feet, an iron rod, for corner;
17. N 12°35'12" E, 319.71 feet, a 14" cedar, for corner;
18. N 03°59'50" E, 60.17 feet, an iron rod, for corner;
19. N 00°04'49" E, 10.78 feet, an iron rod, for corner;
20. N 24°58'14" E, 56.12 feet, an iron rod, for corner;
21. N 12°05'54" E, 554.94 feet, an iron rod, for corner;
22. N 14°09'42" W, 13.29 feet, an iron rod, for corner;
23. N 54°33'04" W, 43.94 feet, an iron rod, for corner;
24. N 67°13'03" W, 67.22 feet, an iron rod, for corner;
25. N 15°57'36" E, 766.87 feet, an iron rod in a fence corner, same
being the most easterly northeast corner of said Tract One, for
corner of the herein described tract;
THENCE N 76°03'02" W, 608.28 feet, along the fenced north line of
said Tract One to an iron rod in a fence corner for an ell corner of
the herein described tract;
THENCE N 16°06'35" E, 385.98 feet, along a fenced east line of said
Tract One to an iron pipe in a fence corner for corner;
THENCE N 74°31'12" W, 801.90 feet, along a fenced north line of said
Tract One to an iron pipe in a fence corner for corner;
THENCE S 16°27'16" W, 399.55 feet, along a fenced line of said Tract
One to an iron pipe in a fence corner for corner;
THENCE N 71°41'44" W, 1155.49 feet, along a fenced north line of said
Tract One to an iron rod for the southeast corner of said Tract
Three (called 6.747 acres), for corner;
THENCE N 71°42'51" W, 62.25 feet along the south line of said Tract
Three and north line of said Tract One to the PLACE OF BEGINNING and
containing a called mathematical total of 534.66 acres of land,
more or less.
SECTION 2.03. (a) The legal notice of the intention to
introduce this article, setting forth the general substance of this
article, has been published as provided by law, and the notice and a
copy of this article 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, one of the required recipients, has
submitted the notice and article to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this article with the governor, the
lieutenant governor, and the 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 article are
fulfilled and accomplished.
SECTION 2.04. (a) Section 8372.106, Special District Local
Laws Code, as added by Section 2.01 of this article, takes effect
only if this Act receives a two-thirds vote of all the members
elected to each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8372, Special
District Local Laws Code, as added by Section 2.01 of this article,
is amended by adding Section 8372.106 to read as follows:
Sec. 8372.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 2.05. Except as provided by Section 2.04 of this
article, this article takes effect September 1, 2011.
ARTICLE 3. MIDLAND COUNTY UTILITY DISTRICT
SECTION 3.01. Subtitle I, Title 6, Special District Local
Laws Code, is amended by adding Chapter 9016 to read as follows:
CHAPTER 9016. MIDLAND COUNTY UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9016.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "County" means Midland County.
(4) "Director" means a board member.
(5) "District" means the Midland County Utility
District.
(6) "Municipality" means a municipality in whose
corporate limits or extraterritorial jurisdiction any part of the
district is located.
Sec. 9016.002. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9016.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 9016.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 9016.003
until each municipality has consented by ordinance or resolution to
the creation of the district and to the inclusion of land in the
district.
Sec. 9016.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of a
water control and improvement district as provided by general law
and Section 59, Article XVI, Texas Constitution.
Sec. 9016.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 3.02 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 3.02
of the Act enacting this chapter form a closure. A mistake made in
the field notes or in copying the field notes in the legislative
process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 9016.007-9016.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9016.051. GOVERNING BODY; TERMS. (a) Except as
provided by Subsection (c), the district is governed by a board of
five elected directors.
(b) Except as provided by Section 9016.052, directors serve
staggered four-year terms.
(c) If the municipality annexes any part of the territory of
the district, the municipality shall appoint one ex officio member
to the board to serve as a sixth director.
Sec. 9016.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Shelton Viney;
(2) Susie Hitchcock-Hall;
(3) Alan Lang;
(4) David Orr; and
(5) Israel Rodriguez.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 9016.003; or
(2) September 1, 2015.
(c) If permanent directors have not been elected under
Section 9016.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 9016.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
Sec. 9016.053. NOTICE OF MEETINGS. The district shall
provide the municipality with written notice before a meeting of
the board.
[Sections 9016.054-9016.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9016.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9016.102. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution.
Sec. 9016.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 42.042, Local Government Code, and Section 9016.004 and
that consents to the creation of the district or to the inclusion of
land in the district.
Sec. 9016.104. COMPLIANCE WITH MUNICIPAL REGULATIONS. (a)
Any water, sanitary sewer, drainage, or other infrastructure or
public facilities constructed, acquired, improved, maintained, or
operated by the district shall comply with any applicable
regulations of the municipality in whose corporate limits or
extraterritorial jurisdiction the infrastructure or facilities are
located.
(b) Any water system constructed, acquired, improved,
maintained, or operated by the district shall:
(1) comply with any applicable regulations of the
municipality regarding specifications for rural density; and
(2) contain distribution lines that are:
(A) four inches or more in diameter; and
(B) sufficient to provide fire hydrant service
according to the municipality's specifications for rural density.
Sec. 9016.105. COUNTY RIGHT-OF-WAY. The district must
obtain the approval of the county's governing body of the plans and
specifications of any facilities to be installed on property
located in a county right-of-way.
Sec. 9016.106. LIABILITY. (a) Neither the county nor the
municipality is liable for any claims arising from the operation of
the district's water system or other actions or inactions of the
district, including labor, safety, or signage, or contamination or
other environmental issues.
(b) Any action taken by the municipality is a governmental
function.
Sec. 9016.107. COSTS OF LINE RELOCATION. (a) The district
is solely responsible for the expense associated with the
relocation of any district water line required by:
(1) the county or a municipality; or
(2) a state or federal highway authority, including
the Texas Department of Transportation and the Federal Highway
Administration.
(b) The district will not unreasonably delay any requested
line relocation.
Sec. 9016.108. SERVICES TO BE PROVIDED BY THE DISTRICT,
COUNTY, OR MUNICIPALITY. (a) The district may enter into an
interlocal contract with the county or municipality to provide
governmental functions, including fire protection, trash
collection and disposal, and ambulance service.
(b) Notwithstanding Subsection (a), the municipality is
authorized to provide sewer and drainage service in the district.
The municipality shall establish the amount of the fees to be
charged to recipients of sewer and drainage service under this
subsection.
(c) Notwithstanding Subsection (a), the district may not
provide any services within the territorial limits of the
municipality as those limits exist on September 1, 2011.
Sec. 9016.109. ANNEXATION BY MUNICIPALITY. (a) The
municipality may annex a part of the territory of the district
without annexing the entire territory of the district.
(b) If the municipality annexes all or part of the district:
(1) the annexed territory is not removed from the
district; and
(2) the district is not:
(A) dissolved; or
(B) prevented from providing district services
to the annexed territory.
(c) If any territory inside the district is annexed, the
owner of the property shall pay the same rate of ad valorem tax to
the municipality as other residents of the municipality.
(d) By annexing territory in the district, the municipality
does not assume any debt of the district.
(e) The district may not contest an annexation by the
municipality.
Sec. 9016.110. WATER SERVICE DEADLINE. The district must
begin operation of a water system serving at least a part of the
district not later than the sixth anniversary of the date that
district voters approve the issuance of bonds to provide for the
development of the water system.
Sec. 9016.111. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain:
(1) outside the district to acquire a site or easement
for a recreational facility as defined by Section 49.462, Water
Code;
(2) in the corporate limits of the municipality as
those limits exist on September 1, 2011; or
(3) outside the county.
Sec. 9016.112. PROHIBITION ON DIVISION OF DISTRICT. The
district may not divide into two or more districts.
[Sections 9016.113-9016.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9016.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 9016.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 51, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 9016.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9016.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 9016.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 9016.154-9016.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 9016.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 9016.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Section 51.433, Water Code.
Sec. 9016.203. LIMITATION ON TAX RATE. Notwithstanding any
other provision of this chapter, the projected combined operation,
maintenance, and debt service tax rates as of the date of the
issuance of any bonds, as described by the commission in a
commission order approving the issuance of the bonds, may not
exceed 65 cents for each $100 of assessed valuation of property in
the district.
Sec. 9016.204. BONDS AND OTHER OBLIGATIONS NOT TO BE PAID BY
MUNICIPALITY OR COUNTY. Bonds or other obligations of the
district:
(1) may not be paid wholly or partly by taxes imposed
by the county or the municipality;
(2) are not debts of the county or municipality; and
(3) do not give rise to a claim against the county or
municipality.
SECTION 3.02. The Midland County Utility District initially
includes all the territory contained in the following area:
54,050 Acres of Land
Located in Various Sections and Blocks,
T&P RR Co. Survey, Midland County, Texas.
Boundary Being More Fully Described By Metes and Bounds As Follows:
BEGINNING at (Y= 10,677,038' and X= 1,736,917') a point in the west
line of Section 7, Block 39, T2S and a southerly line of Midland
city limits and being the most westerly northwest corner of this
tract;
THENCE S 14°19' E, a distance of 2685 feet to the southwest corner of
said Section 7 and being an ell corner of this tract;
THENCE N 75°10' E with the south right-of-way line of West County
Road 120, a distance of 7031 feet to a point in the north line of
Section 17 this block for a point of deflection of this tract;
THENCE S 64°46' E, a distance of 4725 feet to a point in the east line
of said Section 17 and in the west right-of-way line of South County
Road 1210 also being a point of deflection of this tract;
THENCE S 14°23' E with the west right-of-way line of said South
County Road 1210, a distance of 6340 feet to a point in the north
right-of-way line of West County Road 138 and being an ell corner of
this tract;
THENCE S 75°41' W with the north right-of-way line of said West
County Road 138, a distance of 3340 feet to a point in the west
right-of-way line of South County Road 1216 and being an ell corner
of this tract;
THENCE S 14°52' E with the west right-of-way line of said South
County Road 1216, a distance of 1272 feet to a point in the north
right-of-way line of West County Road 140 and being an ell corner of
this tract;
THENCE S 75°29' W with the north right-of-way line of said West
County Road 140, a distance of 1974 feet to a point near the
northwest corner of Section 29, Block 39, T2S and being an ell
corner of this tract;
THENCE S 14°16' E, a distance of 26,411 feet to a point near the
southwest corner of Section 6, Block 39, T3S and being the most
southerly southwest corner of this tract;
THENCE N 75°59' E, a distance of 15,901 feet to a point in the east
right-of-way line of State Highway 349 and being the most southerly
southeast corner of this tract;
THENCE N 14°08' W with the east right-of-way line of said State
Highway 349, a distance of 18,548 feet to a point near the southwest
corner of Condor Aviation Co. Inc. tract and being an ell corner of
this tract;
THENCE N 75°17' E, a distance of 5227 feet to a point in the east line
of Section 35, Block 39, T2S and being an ell corner of this tract;
THENCE N 14°23' W, a distance of 1604 feet to a point for an ell
corner of this tract;
THENCE N 76°20' E, a distance of 5414 feet to a point in the east
right-of-way line of Farm to Market Road 715 and being an ell corner
of this tract;
THENCE N 14°21' W with the east right-of-way line of said Farm to
Market Road 715, a distance of 664 feet to a point for an ell corner
of this tract;
THENCE N 75°23' E, a distance of 2628 feet to a point in the west half
of Section 24, Block 38, T2S and being an ell corner of this tract;
THENCE S 14°03' E, a distance of 8251 feet to a point for an ell
corner of this tract;
THENCE N 76°09' E, a distance of 2658 feet to a point in the east
right-of-way line of South County Road 1160 and being an ell corner
of this tract;
N 14°22' W with the east right-of-way line of said South County Road
1160, a distance of 3359 feet to a point in the south right-of-way
line of East County Road 160 and being an ell corner of this tract;
THENCE N 75°38' E with the south right-of-way line of said East
County Road 160, a distance of 10,581 feet to a point near the
southeast corner of Section 22, Block 38, T2S and being an ell
corner of this tract;
THENCE N 14°07' W with the east line of said Section 22, a distance
of 5353 feet to a point near the northeast corner of said Section 22
and being an ell corner of this tract;
THENCE N 75°40' E, a distance of 1381 feet to a point near the
southeast corner of George V. Anderson Jr. tract and the southwest
corner of Donna Johnson tract also being an ell corner of this
tract;
THENCE N 14°03' W with the west line of said Donna Johnson tract and
the east line of said George V. Anderson Jr. tract, a distance of
1926 feet to a point near the northwest corner of said Donna Johnson
tract and being an ell corner of this tract;
THENCE N 75°43' E, a distance of 1355 feet to a point in the east
right-of-way line of South County Road 1136 and being an ell corner
this tract;
THENCE N 13°52' W with the east right-of-way line of said South
County Road 1136, a distance of 8663 feet to a point in the
southwesterly right-of-way of State Highway 158 and the south
right-of-way line of East County Road 130 also being an ell corner
of this tract;
THENCE N 75°27' E with the south right-of-way line of said East
County Road 130, a distance of 3996 feet to a point for an ell corner
of this tract;
THENCE N 13°57' W, a distance of 5272 feet to a point in the south
right-of-way line of East County Road 120 and being an ell corner of
this tract;
THENCE N 75°41' E with the south right-of-way line of said East
County road 120, a distance of 14,750 feet to a point for an ell
corner of this tract;
THENCE N 14°17' W, a distance of 5276 feet to a point near the
northwest corner of Section 51, Block 37, T2S and being an ell
corner of this tract;
THENCE N 74°54' E, a distance of 10,567 feet to a point in the east
right-of-way line of Farm to Market Road 1379 and being the most
easterly southeast corner of this tract;
THENCE N 13°59' W with the east right-of-way line of said Farm to
Market Road 1379, a distance of 3955 feet to a point of deflection
of this tract;
THENCE N 14°17' W, a distance of 20,565 feet to a point in the
southeasterly right-of-way of Interstate Highway 20 and being the
most easterly northeast corner of this tract;
THENCE S 59°40' W with the southeasterly right-of-way of said
Interstate Highway 20, a distance of 22,345 feet to a point in the
projection of North County Road 1120 and being a point of deflection
of this tract;
THENCE N 14°09' W, a distance of 8118 feet to a point near the
northeast Section 26, Block 38, T1S and being an ell corner of this
tract;
THENCE S 75°33' W with the north line of said Section 26, a distance
of 2741 feet to a point for an ell corner of this tract;
THENCE N 13°46' W, a distance of 3300 feet to a point for an ell
corner of this tract;
THENCE S 75°45' W, a distance of 2696 feet to a point in the west line
of Section 23 and the east line of Section 22, Block 38, T1S and
being an ell corner of this tract;
THENCE S 14°37' E with the west line of said Section 23 and the east
line of said Section 22, a distance of 668 feet to a point for an ell
corner of this tract;
THENCE S 75°34' W, a distance of 7949 feet to a point near the middle
of Section 21, Block 38, T1S and being an ell corner of this tract;
THENCE N 14°18' W, a distance of 2716 feet to a point in the north
line of said Section 21 and being an ell corner of this tract;
THENCE S 75°23' W, a distance of 4294 feet to a point in the north
line of Section 20, Block 38, TIS and being a point of deflection of
this tract;
THENCE S 66°10' W, a distance of 3034 feet to a point in an easterly
line of the Midland city limits and being the most northerly
northwest corner of this tract;
THENCE S 14°33' E with said city limits, a distance of 5372 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°36' W with said city limits, a distance of 2511 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 14°34' E with said city limits, a distance of 180 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°36' W with said city limits, a distance of 835 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 14°34' E with said city limits, a distance of 3832 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 75°36' E with said city limits, a distance of 2208 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 14°34' W with said city limits, a distance of 1204 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 75°36' E with said city limits, a distance of 1138 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 15°14' E with said city limits, a distance of 645 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE N 75°36' E with said city limits, a distance of 4603 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 14°35' E with said city limits, a distance of 5122 feet to
an ell comer of said city limits and being an ell corner of this
tract;
THENCE N 75°37' E with said city limits, a distance of 659 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 14°36' E with said city limits, a distance of 2879 feet to a
point in the northwesterly right-of-way line of Business Interstate
Highway 20 (US Highway 80) and the most easterly southeast corner of
said city limits also being a point of deflection of this tract;
THENCE N 59°41' E with the northwesterly right-of-way line of said
Business Interstate Highway 20, a distance of 4829 feet to a point
near the northwest corner of Section 40, Block 38, T1S and being a
point of deflection of this tract;
THENCE S 14°24' E, a distance of 7260 feet to a point in the east line
of Section 45, Block 38, T1S and being 1000 feet southerly of the
southeasterly right-of-way line of Interstate Highway 20 and being
a point of deflection of this tract;
THENCE S 45°05' W 1000 feet southerly and parallel to the
southeasterly right-of-way line of said Interstate Highway 20, a
distance of 6527 feet to a point in the north line of Section 5,
Block 38, T2S and in the south right-of-way line of Farm to Market
Road 307 also being a point of deflection of this tract;
THENCE N 76°37' E with the south right-of-way line of said Farm to
Market Road 307, a distance of 2882 feet to a point near the
northeast corner of a 320 acre City of Midland tract in Section 4,
Block 38, T2S and being an ell corner of this tract;
THENCE S14°25' E with the east line of said 320 acre tract, a
distance of 5252 feet to a point in the south line of said Section 4
and the north line of Section 9, Block 38, T2S and being an ell
corner of this tract;
THENCE N 75°36' E with the north line of said Section 9, a distance
of 2768 feet to a point near the northeast corner of said Section 9
and in the west right-of-way South County Road 1140 also being an
ell corner of this tract;
THENCE S 14°36' E with the west right-of-way line of said South
County Road 1140, a distance of 5313 feet to a point in the north
right-of-way line of East County Road 120 and being an ell corner of
this tract;
THENCE S 75°56' W with the north right-of-way line of said East
County Road 120, a distance of 5150 to a point in the northeasterly
right-of-way line of State Highway 158 and being a point of
deflection of this tract;
THENCE N 70°55' W with the northeasterly right-of-way line of said
State Highway 158, a distance of 4453 to a point near the most
southerly southwest corner of a 365.58 acre City of Midland tract as
described in Volume 2308, Page 3, Official Public Records of
Midland County and the southeast corner of Ralph H White tract also
being a point of deflection of this tract;
THENCE N 15°31' W with the east line of said Ralph H White tract and a
west line of said City of Midland Tract, a distance of 732 feet to a
point near the northeast corner of said Ralph H White tract and
being a point of deflection of this tract;
THENCE N 70°36' W with the north line of said Ralph H White tract, a
distance of 171 feet to a point near the northwest corner of said
Ralph H White tract and in the east line of a 1.00 acre City of
Midland tract as described in Volume 2308, Page 3, Official Public
Records of Midland County and being a point of deflection of this
tract;
THENCE S 15°31' E with the west line of said Ralph H White tract and
the east line of said 1.00 acre City of Midland tract, a distance of
733 feet to a point in the northeasterly right of-way line of said
State Highway 158 and being a point of deflection of this tract;
THENCE N 70°55' W with the south line of said 1.00 acre City of
Midland tract and the northeasterly right-of-way line of said State
Highway 158, a distance of 415 feet to the southwest corner of said
1.00 acre City of Midland tract and being a point of deflection of
this tract;
THENCE N 15°31' W with the west line of said 1.00 acre City of
Midland tract, a distance of 1252 feet to the northwest corner of
said 1.00 acre City of Midland and being a point of deflection of
said 365.58 acre City of Midland tract also being a point of
deflection of this tract;
THENCE S 75°57' W with a south line of said 365.58 acre City of
Midland tract, a distance of 1419 feet to a point in the west line of
Section 8, Block 38, T2S and being an ell corner of this tract;
THENCE N 14'10' W with the west line of said Section 8, a distance of
1274 feet to a point near the northwest corner of said Section 8 and
being an ell corner of this tract;
THENCE N 75°49' E with the north line of said Section 8, a distance
of 36 feet to a point near the southeast corner of Section 6, Block
38, T2S and being an ell corner of this tract;
THENCE N 14'12' W with the east line of said Section 6, a distance of
2124 feet to a point 1000 feet southerly of the southeasterly
right-of-way line of said Interstate Highway 20 and being a point of
deflection of this tract;
THENCE S 44°40' W southerly and parallel to the southeasterly
right-of-way line of said Interstate Highway 20, a distance of 3968
feet to a point in the Midland city limits and being a point of
deflection of this tract;
THENCE S 14°09' E with said city limits, a distance of 611 feet to
the most southerly southeast corner of said city limits and being an
ell corner of this tract;
THENCE S 75°32' W with the south line of said city limits, a distance
of 10,595 feet to an ell corner of said city limits and being an ell
corner of this tract;
THENCE S 14°23' E with the said city limits, a distance of 750 feet
to an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°29' W with said city limits, a distance of 677 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 14°32' E with said city limits, a distance of 781 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°24' W with said city limits, a distance of 1675 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 14°23' W with said city limits, a distance of 1041 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°29' W with said city limits, a distance of 1000 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 14°23' W said city limits, a distance of 500 feet to an ell
corner of said city limits and being an ell corner of this tract;
THENCE S 75°37' W with said city limits, a distance of 3137 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 14°18' E with said city limits, a distance of 570 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°42' W with said city limits, a distance of 1660 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 14°18' W with said city limits, a distance of 567 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°37' W with said city limits, a distance of 3390 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 15°02' E with said city limits, a distance of 709 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 74°54' W with said city limits, a distance of 1040 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 15°03' E with said city limits, a distance of 90 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°34' W with said city limits, a distance of 1064 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 14°40' W with said city limits, a distance of 817 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°44' W with said city limits, a distance of 559 feet to a
point of curvature of said city limits and this tract;
THENCE around a curve to the left in a southwesterly direction and
with said city limits, said curve having a radius length of 10,509
feet, a delta angle of 16°04', an arc length of 2947 feet and a chord
length of 2937 feet bearing S 67°42" W to a point of tangency of said
city limits and this tract;
THENCE S 59°40' W with said city limits, a distance of 6362 feet to
the Point of Beginning, containing approximately 54,050 acres of
land, more or less.
Bearings, distances and coordinates are relative to the Texas
Coordinate System, 1983 NAD, Central Zone based on City of
Midland's G.I.S Digital Map.
SECTION 3.03. (a) The legal notice of the intention to
introduce this article, setting forth the general substance of this
article, has been published as provided by law, and the notice and a
copy of this article 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, one of the required recipients, has
submitted the notice and article to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this article with the governor, the
lieutenant governor, and the 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 article are
fulfilled and accomplished.
SECTION 3.04. (a) Section 9016.111, Special District Local
Laws Code, as added by Section 3.01 of this article, takes effect
only if this Act receives a two-thirds vote of all the members
elected to each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 9016, Special
District Local Laws Code, as added by Section 3.01 of this article,
is amended by adding Section 9016.111 to read as follows:
Sec. 9016.111. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 3.05. Except as provided by Section 3.04 of this
article, this article takes effect September 1, 2011.
ARTICLE 4. HAYS COUNTY DEVELOPMENT DISTRICT NO. 1
SECTION 4.01. Section 1, Chapter 1503, Acts of the 77th
Legislature, Regular Session, 2001, is amended by amending
Subsections (a) and (c) and adding Subsection (d) to read as
follows:
(a) The legislature finds that the creation of Hays County
Development District No. 1 (the "district"), [and] the project
approved by the Hays County Commissioners Court on January 11, 2000
(the "project"), and other improvement projects described by
Section 5A will serve the public purpose of attracting visitors and
tourists to Hays County and will result in employment and economic
activity in the manner contemplated by Section 52-a, Article III,
Texas Constitution, and Chapter 383, Local Government Code.
(c) The legislature further finds that the creation and
operation of the district and the acquisition or financing of the
project or an improvement project described by Section 5A by the
district serve the purpose of Section 59, Article XVI, and Section
52, Article III, Texas Constitution, and that all steps necessary
to create the district have been taken.
(d) The legislature further finds that the creation and
continued operation of the district is essential to accomplish the
purposes of Sections 52 and 52-a, Article III, and Section 59,
Article XVI, Texas Constitution, and other public purposes stated
in this Act.
SECTION 4.02. Section 5, Chapter 1503, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
Sec. 5. POWERS. (a) The district has all of the rights,
powers, privileges, authority, functions, and duties provided by
Chapters 375 and 383, Local Government Code, to county development
districts and municipal management districts and by Chapters 49 and
54, Water Code, to municipal utility districts.
(b) The district's rights, powers, privileges, authority,
functions, and duties include, [including] but are not limited to:
(1) the authority to levy, assess, and collect ad
valorem taxes for the purposes approved at the elections conducted
on November 7, 2000;
(2) the authority, after approval by voters at an
election conducted within the boundaries of the district, to levy,
assess and collect taxes for maintenance and operating purposes in
the manner set forth in Sections 49.107(a)-(e), Water Code, and for
the repayment of bonds, notes, warrants, lease purchase agreements,
certificates of assessment, certificates of participation in lease
purchase agreements, and other interest-bearing obligations in the
manner set forth in Sections 49.106(a)-(d), Water Code, and for all
of the purposes for which the district may expend funds;
(3) to establish, levy, and collect special
assessments in the manner specified in Sections 375.111-375.124,
Local Government Code; provided, however, that Sections
375.161-375.163, Local Government Code, shall not apply to the
assessments imposed by the district;
(4) to utilize funds, whether the funds are derived
from ad valorem taxes, sales and use taxes, hotel occupancy taxes,
assessments, revenues from the project, or any other source, for
payment of projects or services in the manner authorized by
Section 375.181, Local Government Code, Chapter 54, Water Code, and
Chapter 383, Local Government Code;
(5) to enter into obligations, including, but not
limited to, lease purchase agreements, certificates of
participation in lease purchase agreements, general obligation
bonds and notes and revenue bonds and notes, and combination
general obligation and revenue bonds and notes and other
interest-bearing obligations, in the manner specified in Sections
375.201-375.205 [375.201-375.204], Local Government Code. To
enter into these obligations, the district shall obtain only those
approvals required for the issuance of obligations by Hays County
by Chapter 53, Acts of the 70th Legislature, Second Called Session,
1987, and the approval of the attorney general;
(6) except as provided by Sections 5B and 5C, to adopt
the powers of a road district under Section 52(b)(3), Article III,
Texas Constitution, in the manner specified in Sections 53.029(c)
and (d), Water Code;
(7) to levy, assess, and collect ad valorem taxes to
make payments on a contract under Sections 49.108(a)-(d), Water
Code, after obtaining those approvals specified in Section 1,
Chapter 778, Acts of the 74th Legislature, Regular Session, 1995;
(8) to exercise all of the rights, powers, and
authority of a road district, a municipal management district, and
a municipal utility district [water control and improvement
district which are not specifically contradicted by Chapter 383,
Local Government Code]; and
(9) to exercise all of the rights, powers, and
authority granted to the district by this Act, and all of the
rights, powers, and authority granted to the district by Chapters
383 and 375, Local Government Code, and to a municipal utility
district by Chapters 49 and 54, Water Code, which are not contrary
to [any provisions of] this Act, to finance, construct, or
otherwise acquire an improvement project described by Section 5A or
the project or any element of the project identified in the
Commissioners Court Order Upon Hearing and Granting Petition
Requesting the Creation of Hays County Development District No. 1
and Appointing Temporary Directors dated January 11, 2000,
including, but not limited to, a [the] hotel, a residential area of
a development, a trail or related feature, a commercial activity or
endeavor, a [the] golf course, [the] water, sewer, drainage, and
road improvements, [the] organizational costs, and [the] costs of
issuance of the obligations of the district.
SECTION 4.03. Chapter 1503, Acts of the 77th Legislature,
Regular Session, 2001, is amended by adding Sections 5A, 5B, 5C, 5D,
and 5E to read as follows:
Sec. 5A. IMPROVEMENT PROJECTS. The district may provide,
or it may contract with a governmental or private entity to provide,
the following types of improvement projects or activities in
support of or incidental to those projects:
(1) the project approved by the Hays County
Commissioners Court on January 11, 2000, wholly or partly; or
(2) a public improvement, facility, or service
provided by a municipal utility district or municipal management
district.
Sec. 5B. ROAD DISTRICT POWERS; BALLOT. If the district
adopts the powers described by Section 5(b)(6), a ballot authorized
by Section 53.029(c), Water Code, must reference the "Hays County
Development District No. 1."
Sec. 5C. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 5D. LIMIT ON POWERS GRANTED BY OTHER SPECIAL DISTRICT
LAWS. Except as provided by this Act, the rights, powers, and
authority of a road district, county development district,
municipal management district, or municipal utility district
granted by this Act may be exercised only in the manner provided by:
(1) Chapter 375, Local Government Code, to a municipal
management district;
(2) Chapter 383, Local Government Code, to a county
development district; and
(3) Chapters 49 and 54, Water Code, to a municipal
utility district, including review and approval by the Texas
Commission on Environmental Quality for water and wastewater
improvements.
Sec. 5E. LIMIT ON EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain outside the district and in
the corporate limits or extraterritorial jurisdiction of a
municipality unless the governing body of the municipality consents
by ordinance or resolution.
SECTION 4.04. Section 8, Chapter 1503, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
Sec. 8. LEGISLATIVE FINDINGS. [The legislature finds that
the principal function of the district is to provide for
development and operation of the project, to facilitate economic
development, and to attract visitors and tourists, which will
result in employment and economic activity in Hays County.] The
legislature finds that the district may provide water and sewer,
landscaping, road, drainage, and reclamation services to
residential retail or commercial customers in the district. Except
for purposes of Section 49.052, Water Code, the [The] district is a
district described in Section 49.181(h)(4), Water Code.
SECTION 4.05. Section 9, Chapter 1503, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
Sec. 9. ADDITION AND EXCLUSION OF LANDS. (a) Except as
provided by Subsection (b), in [In] addition to the authority
granted to the district by Section 383.084, Local Government Code,
the district may add lands in the manner provided by Section 49.301,
Water Code, and may exclude lands in the methods provided by
Sections 49.303 through 49.308, Water Code.
(b) Section 42.0425, Local Government Code, applies to the
annexation of property in the extraterritorial jurisdiction of a
municipality.
SECTION 4.06. The legislature confirms and validates all
actions of the Hays County Development District No. 1 that were
taken before May 1, 2011, including any elections conducted by the
district, including any election to impose maintenance and
operation taxes or to adopt the powers of a road district.
SECTION 4.07. (a) The legal notice of the intention to
introduce this article, setting forth the general substance of this
article, has been published as provided by law, and the notice and a
copy of this article 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 Texas Commission on Environmental Quality has filed
its recommendations relating to this article with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(c) 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 article are
fulfilled and accomplished.
SECTION 4.08. This article takes effect immediately if this
Act 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 article takes effect September 1, 2011.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2011.