Texas 2013 - 83rd Regular

Texas House Bill HB3281 Compare Versions

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1	1	83R3809 JRJ-D
2	2	By: Ritter H.B. No. 3281
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the nonsubstantive revision of certain local laws
8	8	concerning special districts, including conforming amendments.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
11	11	SECTION 1.01. Subtitle A, Title 3, Special District Local
12	12	Laws Code, is amended by adding Chapters 1075, 1076, 1087, 1096,
13	13	1107, 1109, 1110, 1112, 1113, 1114, 1115, 1116, and 1117 to read as
14	14	follows:
15	15	CHAPTER 1075. STAMFORD HOSPITAL DISTRICT
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 1075.001. DEFINITIONS
18	18	Sec. 1075.002. AUTHORITY FOR CREATION
19	19	Sec. 1075.003. ESSENTIAL PUBLIC FUNCTION
20	20	Sec. 1075.004. DISTRICT TERRITORY
21	21	Sec. 1075.005. DISTRICT SUPPORT AND MAINTENANCE NOT
22	22	STATE OBLIGATION
23	23	Sec. 1075.006. RESTRICTION ON STATE FINANCIAL
24	24	ASSISTANCE
25	25	[Sections 1075.007-1075.050 reserved for expansion]
26	26	SUBCHAPTER B. DISTRICT ADMINISTRATION
27	27	Sec. 1075.051. BOARD ELECTION; TERM
28	28	Sec. 1075.052. NOTICE OF ELECTION
29	29	Sec. 1075.053. BALLOT PETITION
30	30	Sec. 1075.054. QUALIFICATIONS FOR OFFICE
31	31	Sec. 1075.055. BOND; RECORD OF BOND AND OATH
32	32	Sec. 1075.056. BOARD VACANCY
33	33	Sec. 1075.057. OFFICERS
34	34	Sec. 1075.058. COMPENSATION; EXPENSES
35	35	Sec. 1075.059. DISTRICT ADMINISTRATOR; ASSISTANT
36	36	ADMINISTRATOR
37	37	Sec. 1075.060. GENERAL DUTIES OF DISTRICT
38	38	ADMINISTRATOR
39	39	Sec. 1075.061. EMPLOYEES
40	40	Sec. 1075.062. RETIREMENT PROGRAM
41	41	[Sections 1075.063-1075.100 reserved for expansion]
42	42	SUBCHAPTER C. POWERS AND DUTIES
43	43	Sec. 1075.101. DISTRICT RESPONSIBILITY
44	44	Sec. 1075.102. RESTRICTION ON POLITICAL SUBDIVISION
45	45	TAXATION AND DEBT
46	46	Sec. 1075.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
47	47	Sec. 1075.104. HOSPITAL SYSTEM
48	48	Sec. 1075.105. RULES
49	49	Sec. 1075.106. PURCHASING AND ACCOUNTING
50	50	Sec. 1075.107. RATES AND CHARGES
51	51	Sec. 1075.108. EMINENT DOMAIN
52	52	Sec. 1075.109. GIFTS AND ENDOWMENTS
53	53	Sec. 1075.110. CONTRACTS WITH GOVERNMENTAL ENTITIES
54	54	FOR CARE AND TREATMENT
55	55	Sec. 1075.111. PAYMENT FOR TREATMENT; PROCEDURES
56	56	Sec. 1075.112. AUTHORITY TO SUE AND BE SUED
57	57	[Sections 1075.113-1075.150 reserved for expansion]
58	58	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
59	59	Sec. 1075.151. BUDGET
60	60	Sec. 1075.152. FISCAL YEAR
61	61	Sec. 1075.153. AUDIT
62	62	Sec. 1075.154. FINANCIAL REPORT
63	63	Sec. 1075.155. DEPOSITORY
64	64	Sec. 1075.156. AUTHORITY TO BORROW MONEY; SECURITY
65	65	[Sections 1075.157-1075.200 reserved for expansion]
66	66	SUBCHAPTER E. BONDS
67	67	Sec. 1075.201. GENERAL OBLIGATION BONDS
68	68	Sec. 1075.202. TAX TO PAY GENERAL OBLIGATION BONDS
69	69	Sec. 1075.203. GENERAL OBLIGATION BOND ELECTION
70	70	Sec. 1075.204. EXECUTION OF GENERAL OBLIGATION BONDS
71	71	Sec. 1075.205. REFUNDING BONDS
72	72	Sec. 1075.206. BONDS EXEMPT FROM TAXATION
73	73	[Sections 1075.207-1075.250 reserved for expansion]
74	74	SUBCHAPTER F. TAXES
75	75	Sec. 1075.251. IMPOSITION OF AD VALOREM TAX
76	76	Sec. 1075.252. TAX RATE
77	77	CHAPTER 1075. STAMFORD HOSPITAL DISTRICT
78	78	SUBCHAPTER A. GENERAL PROVISIONS
79	79	Sec. 1075.001. DEFINITIONS. In this chapter:
80	80	(1) "Board" means the board of directors of the
81	81	district.
82	82	(2) "Director" means a member of the board.
83	83	(3) "District" means the Stamford Hospital District.
84	84	(New.)
85	85	Sec. 1075.002. AUTHORITY FOR CREATION. The Stamford
86	86	Hospital District is created under the authority of Section 9,
87	87	Article IX, Texas Constitution, and has the rights, powers, and
88	88	duties prescribed by this chapter. (Acts 59th Leg., R.S., Ch. 108,
89	89	Sec. 1 (part).)
90	90	Sec. 1075.003. ESSENTIAL PUBLIC FUNCTION. The district
91	91	performs an essential public function in carrying out the purposes
92	92	of this chapter. (Acts 59th Leg., R.S., Ch. 108, Sec. 8 (part).)
93	93	Sec. 1075.004. DISTRICT TERRITORY. The district is
94	94	composed of the territory described by Section 1a, Chapter 108,
95	95	Acts of the 59th Legislature, Regular Session, 1965, as amended by
96	96	Section 1, Chapter 563, Acts of the 63rd Legislature, Regular
97	97	Session, 1973. (New.)
98	98	Sec. 1075.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
99	99	OBLIGATION. The support and maintenance of the district may not
100	100	become a charge against or obligation of this state. (Acts 59th
101	101	Leg., R.S., Ch. 108, Sec. 18 (part).)
102	102	Sec. 1075.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
103	103	The legislature may not make a direct appropriation for the
104	104	construction, maintenance, or improvement of a district facility.
105	105	(Acts 59th Leg., R.S., Ch. 108, Sec. 18 (part).)
106	106	[Sections 1075.007-1075.050 reserved for expansion]
107	107	SUBCHAPTER B. DISTRICT ADMINISTRATION
108	108	Sec. 1075.051. BOARD ELECTION; TERM. (a) The board
109	109	consists of seven elected directors.
110	110	(b) Directors serve staggered two-year terms unless
111	111	four-year terms are established under Section 285.081, Health and
112	112	Safety Code.
113	113	(c) The election order must state the time, place, and
114	114	purpose of the election. (Acts 59th Leg., R.S., Ch. 108, Sec. 4
115	115	(part).)
116	116	Sec. 1075.052. NOTICE OF ELECTION. At least five days
117	117	before the date of a directors' election, notice of the election
118	118	must be published one time in a newspaper of general circulation in
119	119	the district. (Acts 59th Leg., R.S., Ch. 108, Sec. 4 (part).)
120	120	Sec. 1075.053. BALLOT PETITION. A person who wants to have
121	121	the person's name printed on the ballot as a candidate for director
122	122	must file with the board secretary a petition requesting that
123	123	action. The petition must be:
124	124	(1) signed by at least 10 registered voters; and
125	125	(2) filed by the deadline imposed by Section 144.005,
126	126	Election Code. (Acts 59th Leg., R.S., Ch. 108, Sec. 4 (part).)
127	127	Sec. 1075.054. QUALIFICATIONS FOR OFFICE. To be eligible
128	128	to hold office as a director, a person must be a resident
129	129	property-owning taxpaying voter of the district. (Acts 59th Leg.,
130	130	R.S., Ch. 108, Sec. 4 (part).)
131	131	Sec. 1075.055. BOND; RECORD OF BOND AND OATH. (a) Each
132	132	director shall execute a good and sufficient bond for $1,000 that
133	133	is:
134	134	(1) payable to the district; and
135	135	(2) conditioned on the faithful performance of the
136	136	director's duties.
137	137	(b) Each director's bond and constitutional oath of office
138	138	shall be deposited with the district's depository bank for
139	139	safekeeping. (Acts 59th Leg., R.S., Ch. 108, Sec. 4 (part).)
140	140	Sec. 1075.056. BOARD VACANCY. If a vacancy occurs in the
141	141	office of director, the remaining directors by majority vote shall
142	142	appoint a director for the unexpired term. (Acts 59th Leg., R.S.,
143	143	Ch. 108, Sec. 4 (part).)
144	144	Sec. 1075.057. OFFICERS. (a) The board shall elect from
145	145	among its members a president, vice president, secretary, and other
146	146	officers as in the judgment of the board are necessary.
147	147	(b) The president is the chief executive officer of the
148	148	district and has the same right to vote as any other director.
149	149	(c) If the president is absent or fails and declines to act,
150	150	the vice president shall perform the president's duties and
151	151	exercise the president's powers under this chapter. (Acts 59th
152	152	Leg., R.S., Ch. 108, Sec. 4 (part).)
153	153	Sec. 1075.058. COMPENSATION; EXPENSES. A director is not
154	154	entitled to compensation but is entitled to receive actual expenses
155	155	incurred in attending to district business on approval of the
156	156	expenses by the remainder of the board. (Acts 59th Leg., R.S., Ch.
157	157	108, Sec. 4 (part).)
158	158	Sec. 1075.059. DISTRICT ADMINISTRATOR; ASSISTANT
159	159	ADMINISTRATOR. (a) The board shall appoint a qualified person as
160	160	district administrator.
161	161	(b) The board may appoint an assistant administrator.
162	162	(c) The district administrator and assistant administrator
163	163	serve at the will of the board and shall receive the compensation
164	164	determined by the board.
165	165	(d) On assuming the duties of district administrator, the
166	166	administrator shall execute a bond payable to the district in an
167	167	amount set by the board of not less than $10,000 that:
168	168	(1) is conditioned on the administrator performing the
169	169	administrator's duties; and
170	170	(2) contains any other condition the board requires.
171	171	(Acts 59th Leg., R.S., Ch. 108, Sec. 5 (part).)
172	172	Sec. 1075.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
173	173	Subject to any limitations prescribed by the board, the district
174	174	administrator shall:
175	175	(1) supervise the work and activities of the district;
176	176	and
177	177	(2) direct the affairs of the district. (Acts 59th
178	178	Leg., R.S., Ch. 108, Sec. 5 (part).)
179	179	Sec. 1075.061. EMPLOYEES. The board may employ any
180	180	doctors, technicians, nurses, and other employees as considered
181	181	necessary for the efficient operation of the district or may
182	182	provide that the district administrator has the authority to employ
183	183	those persons. (Acts 59th Leg., R.S., Ch. 108, Sec. 5 (part).)
184	184	Sec. 1075.062. RETIREMENT PROGRAM. The board may enter
185	185	into any contract or agreement with this state or the federal
186	186	government as required to establish or continue a retirement
187	187	program for the benefit of the district's employees. (Acts 59th
188	188	Leg., R.S., Ch. 108, Sec. 5 (part).)
189	189	[Sections 1075.063-1075.100 reserved for expansion]
190	190	SUBCHAPTER C. POWERS AND DUTIES
191	191	Sec. 1075.101. DISTRICT RESPONSIBILITY. The district has
192	192	full responsibility for:
193	193	(1) operating all hospital facilities for providing
194	194	medical and hospital care of indigent persons in the district; and
195	195	(2) providing medical and hospital care for the
196	196	district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 108,
197	197	Secs. 2 (part), 17 (part).)
198	198	Sec. 1075.102. RESTRICTION ON POLITICAL SUBDIVISION
199	199	TAXATION AND DEBT. A political subdivision located within the
200	200	district may not impose a tax or issue bonds or other obligations
201	201	for hospital purposes or for medical treatment of indigent persons
202	202	in the district. (Acts 59th Leg., R.S., Ch. 108, Sec. 17 (part).)
203	203	Sec. 1075.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
204	204	The board shall manage, control, and administer the district's
205	205	hospitals and hospital system. (Acts 59th Leg., R.S., Ch. 108, Sec.
206	206	5 (part).)
207	207	Sec. 1075.104. HOSPITAL SYSTEM. The district shall provide
208	208	for:
209	209	(1) the establishment of a hospital or hospital system
210	210	by:
211	211	(A) purchasing, constructing, acquiring,
212	212	repairing, or renovating buildings and improvements; and
213	213	(B) equipping the buildings and improvements;
214	214	and
215	215	(2) the administration of the hospital or hospital
216	216	system for hospital purposes. (Acts 59th Leg., R.S., Ch. 108, Sec. 2
217	217	(part).)
218	218	Sec. 1075.105. RULES. The board may adopt rules for the
219	219	operation of the district and as required to administer this
220	220	chapter. (Acts 59th Leg., R.S., Ch. 108, Secs. 5 (part), 9 (part).)
221	221	Sec. 1075.106. PURCHASING AND ACCOUNTING. The board may
222	222	prescribe:
223	223	(1) the method and manner of making purchases and
224	224	expenditures by and for the district; and
225	225	(2) all accounting and control procedures. (Acts 59th
226	226	Leg., R.S., Ch. 108, Sec. 9 (part).)
227	227	Sec. 1075.107. RATES AND CHARGES. The board shall
228	228	prescribe the rates and charges for:
229	229	(1) services;
230	230	(2) supplies; and
231	231	(3) the use of hospital facilities. (Acts 59th Leg.,
232	232	R.S., Ch. 108, Sec. 14 (part).)
233	233	Sec. 1075.108. EMINENT DOMAIN. (a) The district may
234	234	exercise the power of eminent domain to acquire a fee simple or
235	235	other interest in any type of property located in district
236	236	territory if the interest is necessary or convenient to a power,
237	237	right, or privilege conferred by this chapter.
238	238	(b) The district must exercise the power of eminent domain
239	239	in the manner provided by Chapter 21, Property Code. (Acts 59th
240	240	Leg., R.S., Ch. 108, Sec. 12.)
241	241	Sec. 1075.109. GIFTS AND ENDOWMENTS. The board may accept
242	242	for the district a gift or endowment to be held in trust and
243	243	administered by the board for the purposes and under the
244	244	directions, limitations, or other provisions prescribed in writing
245	245	by the donor that are not inconsistent with the proper management
246	246	and objectives of the district. (Acts 59th Leg., R.S., Ch. 108,
247	247	Sec. 15.)
248	248	Sec. 1075.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
249	249	CARE AND TREATMENT. The board may contract with:
250	250	(1) any county or municipality located outside the
251	251	district for the care and treatment of a sick or injured person of
252	252	that county or municipality; and
253	253	(2) this state or a federal agency for the treatment of
254	254	a sick or injured person for whom this state or the federal
255	255	government is responsible. (Acts 59th Leg., R.S., Ch. 108, Sec. 5
256	256	(part).)
257	257	Sec. 1075.111. PAYMENT FOR TREATMENT; PROCEDURES. (a)
258	258	When a patient who resides in the district is admitted to a district
259	259	facility, the district administrator shall have an inquiry made
260	260	into the circumstances of:
261	261	(1) the patient; and
262	262	(2) the patient's relatives legally liable for the
263	263	patient's support.
264	264	(b) If the district administrator determines that the
265	265	patient or those relatives cannot pay for all or part of the
266	266	patient's care and treatment in the hospital, the amount that
267	267	cannot be paid becomes a charge against the district.
268	268	(c) If the district administrator determines that the
269	269	patient or those relatives can pay for all or part of the patient's
270	270	care and treatment, the patient or those relatives shall be ordered
271	271	to pay the district a specified amount each week for the patient's
272	272	support. The amount ordered must be proportionate to their
273	273	financial ability and may not exceed the actual per capita cost of
274	274	maintenance.
275	275	(d) The district administrator may collect the amount from
276	276	the patient's estate, or from those relatives legally liable for
277	277	the patient's support, in the manner provided by law for the
278	278	collection of expenses of the last illness of a deceased person.
279	279	(e) If there is a dispute as to the ability to pay, or doubt
280	280	in the mind of the district administrator, the board shall hold a
281	281	hearing and, after calling witnesses, shall:
282	282	(1) resolve the dispute or doubt; and
283	283	(2) issue any appropriate orders. (Acts 59th Leg.,
284	284	R.S., Ch. 108, Sec. 14 (part).)
285	285	Sec. 1075.112. AUTHORITY TO SUE AND BE SUED. The district,
286	286	through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch.
287	287	108, Sec. 5 (part).)
288	288	[Sections 1075.113-1075.150 reserved for expansion]
289	289	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
290	290	Sec. 1075.151. BUDGET. (a) The district administrator
291	291	shall prepare for approval by the board an annual budget that
292	292	corresponds to the district's fiscal year.
293	293	(b) Not later than August 31 of each year, the board shall
294	294	publish notice of a public hearing on the proposed budget. The
295	295	notice must be published in a newspaper of general circulation in
296	296	the district one time at least 10 days before the date of the
297	297	hearing. (Acts 59th Leg., R.S., Ch. 108, Secs. 6 (part), 16.)
298	298	Sec. 1075.152. FISCAL YEAR. The district shall operate on a
299	299	fiscal year that begins on October 1 and ends on September 30.
300	300	(Acts 59th Leg., R.S., Ch. 108, Sec. 6 (part).)
301	301	Sec. 1075.153. AUDIT. (a) The district shall have an audit
302	302	made of the district's financial condition.
303	303	(b) The audit shall be open to inspection at all times at the
304	304	district's principal office. (Acts 59th Leg., R.S., Ch. 108, Sec. 6
305	305	(part).)
306	306	Sec. 1075.154. FINANCIAL REPORT. As soon as practicable
307	307	after the close of each fiscal year, the district administrator
308	308	shall prepare for the board:
309	309	(1) a complete sworn statement of all district money;
310	310	and
311	311	(2) a complete account of the disbursements of that
312	312	money. (Acts 59th Leg., R.S., Ch. 108, Sec. 6 (part).)
313	313	Sec. 1075.155. DEPOSITORY. (a) The board shall select one
314	314	or more banks in the district to serve as a depository for district
315	315	money.
316	316	(b) All district money shall be immediately deposited on
317	317	receipt with a depository bank, except that sufficient money must
318	318	be remitted to an appropriate bank to pay the principal of and
319	319	interest on the district's outstanding bonds on or before the
320	320	maturity date of the principal and interest.
321	321	(c) To the extent that money in a depository bank is not
322	322	insured by the Federal Deposit Insurance Corporation, the money
323	323	must be secured in the manner provided by law for the security of
324	324	county funds.
325	325	(d) Membership on the district's board of an officer or
326	326	director of a bank does not disqualify the bank from being
327	327	designated as depository. (Acts 59th Leg., R.S., Ch. 108, Sec. 10.)
328	328	Sec. 1075.156. AUTHORITY TO BORROW MONEY; SECURITY. (a)
329	329	The board may borrow money from a federally insured lending
330	330	institution or make other financial arrangements for district
331	331	operating expenses or other authorized obligations.
332	332	(b) The board may borrow money in an amount and subject to a
333	333	rate of interest and other terms the board finds appropriate.
334	334	(c) To secure a loan, the board may pledge:
335	335	(1) district revenue that is not pledged to pay the
336	336	district's bonded indebtedness; or
337	337	(2) property acquired with borrowed money that is not
338	338	pledged to pay the district's bonded indebtedness.
339	339	(d) A loan for which district revenue is pledged must mature
340	340	not later than the fifth anniversary of the date the loan is made.
341	341	(e) The district must provide for the payment of all
342	342	district debts and obligations before dissolution. (Acts 59th
343	343	Leg., R.S., Ch. 108, Sec. 17a, as added Acts 74th Leg., R.S., Ch.
344	344	52, Sec. 1, and amended Acts 76th Leg., R.S., Ch. 1566, Sec. 1.)
345	345	[Sections 1075.157-1075.200 reserved for expansion]
346	346	SUBCHAPTER E. BONDS
347	347	Sec. 1075.201. GENERAL OBLIGATION BONDS. (a) The board may
348	348	issue and sell general obligation bonds in the name and on the faith
349	349	and credit of the district for any purpose related to the purchase,
350	350	construction, acquisition, repair, or renovation of buildings and
351	351	improvements, and equipping buildings and improvements for a
352	352	hospital and the hospital system, as determined by the board.
353	353	(b) The board shall issue the bonds in compliance with the
354	354	applicable provisions of Subtitles A and C, Title 9, Government
355	355	Code. (Acts 59th Leg., R.S., Ch. 108, Sec. 7 (part).)
356	356	Sec. 1075.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
357	357	the time general obligation bonds are issued by the district, the
358	358	board shall impose an ad valorem tax at a rate sufficient to create
359	359	an interest and sinking fund and to pay the principal of and
360	360	interest on the bonds as the bonds mature.
361	361	(b) The tax required by this section together with any other
362	362	ad valorem tax the district imposes may not in any year exceed 75
363	363	cents on each $100 valuation of taxable property in the district.
364	364	(Acts 59th Leg., R.S., Ch. 108, Sec. 7 (part).)
365	365	Sec. 1075.203. GENERAL OBLIGATION BOND ELECTION. (a) The
366	366	district may issue general obligation bonds only if the bonds are
367	367	authorized by a majority of the district voters voting at an
368	368	election held for that purpose.
369	369	(b) The board shall call the election. The election must be
370	370	held in accordance with Chapter 1251, Government Code.
371	371	(c) The bond election order must specify:
372	372	(1) the date of the election;
373	373	(2) the location of the polling places;
374	374	(3) the presiding election officers;
375	375	(4) the amount of the bonds to be authorized;
376	376	(5) the maximum maturity of the bonds; and
377	377	(6) the maximum interest rate of the bonds. (Acts 59th
378	378	Leg., R.S., Ch. 108, Sec. 7 (part).)
379	379	Sec. 1075.204. EXECUTION OF GENERAL OBLIGATION BONDS. The
380	380	board president shall execute the general obligation bonds in the
381	381	district's name, and the board secretary shall attest the bonds as
382	382	provided by Chapter 618, Government Code. (Acts 59th Leg., R.S.,
383	383	Ch. 108, Sec. 7 (part).)
384	384	Sec. 1075.205. REFUNDING BONDS. (a) District refunding
385	385	bonds may, without an election, be issued to refund any bonds or
386	386	other refundable indebtedness issued by the district.
387	387	(b) A refunding bond may be:
388	388	(1) sold, with the proceeds of the refunding bond
389	389	applied to the payment of the outstanding bonds or other refundable
390	390	indebtedness; or
391	391	(2) exchanged wholly or partly for not less than a
392	392	similar principal amount of the outstanding bonds or other
393	393	refundable indebtedness. (Acts 59th Leg., R.S., Ch. 108, Sec. 7
394	394	(part).)
395	395	Sec. 1075.206. BONDS EXEMPT FROM TAXATION. The following
396	396	are exempt from taxation by this state or a political subdivision of
397	397	this state:
398	398	(1) bonds issued by the district;
399	399	(2) the transfer and issuance of the bonds; and
400	400	(3) any profits made in the sale of the bonds. (Acts
401	401	59th Leg., R.S., Ch. 108, Sec. 8 (part).)
402	402	[Sections 1075.207-1075.250 reserved for expansion]
403	403	SUBCHAPTER F. TAXES
404	404	Sec. 1075.251. IMPOSITION OF AD VALOREM TAX. (a) The board
405	405	may impose a tax on all taxable property in the district subject to
406	406	district taxation.
407	407	(b) The tax may be used to meet the requirements of district
408	408	bonds and for the district's maintenance and operating expenses.
409	409	(Acts 59th Leg., R.S., Ch. 108, Sec. 3a (part).)
410	410	Sec. 1075.252. TAX RATE. The district may impose the tax at
411	411	a rate not to exceed 75 cents on each $100 valuation of taxable
412	412	property in the district. (Acts 59th Leg., R.S., Ch. 108, Sec. 3a
413	413	(part).)
414	414	CHAPTER 1076. STARR COUNTY HOSPITAL DISTRICT
415	415	OF STARR COUNTY, TEXAS
416	416	SUBCHAPTER A. GENERAL PROVISIONS
417	417	Sec. 1076.001. DEFINITIONS
418	418	Sec. 1076.002. AUTHORITY FOR CREATION
419	419	Sec. 1076.003. POLITICAL SUBDIVISION
420	420	Sec. 1076.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
421	421	Sec. 1076.005. DISTRICT TERRITORY
422	422	[Sections 1076.006-1076.050 reserved for expansion]
423	423	SUBCHAPTER B. DISTRICT ADMINISTRATION
424	424	Sec. 1076.051. BOARD ELECTION; TERM
425	425	Sec. 1076.052. NOTICE OF ELECTION
426	426	Sec. 1076.053. QUALIFICATIONS FOR OFFICE
427	427	Sec. 1076.054. BOND
428	428	Sec. 1076.055. BOARD VACANCY
429	429	Sec. 1076.056. OFFICERS; DUTIES; ABSENCE OF PRESIDENT
430	430	OR SECRETARY
431	431	Sec. 1076.057. COMPENSATION; EXPENSES
432	432	Sec. 1076.058. DISTRICT ADMINISTRATOR; ASSISTANT
433	433	ADMINISTRATOR
434	434	Sec. 1076.059. GENERAL DUTIES OF DISTRICT
435	435	ADMINISTRATOR
436	436	Sec. 1076.060. APPOINTMENT AND REMOVAL OF MEDICAL
437	437	STAFF AND EMPLOYEES
438	438	Sec. 1076.061. RECRUITMENT OF MEDICAL STAFF AND
439	439	EMPLOYEES
440	440	Sec. 1076.062. HEALTH CARE EDUCATIONAL PROGRAMS
441	441	Sec. 1076.063. RETIREMENT BENEFITS
442	442	[Sections 1076.064-1076.100 reserved for expansion]
443	443	SUBCHAPTER C. POWERS AND DUTIES
444	444	Sec. 1076.101. DISTRICT RESPONSIBILITY
445	445	Sec. 1076.102. MANAGEMENT, CONTROL, AND ADMINISTRATION
446	446	Sec. 1076.103. HOSPITAL SYSTEM
447	447	Sec. 1076.104. RULES
448	448	Sec. 1076.105. PURCHASING AND ACCOUNTING
449	449	Sec. 1076.106. DISTRICT PROPERTY, FACILITIES, AND
450	450	EQUIPMENT
451	451	Sec. 1076.107. EMINENT DOMAIN
452	452	Sec. 1076.108. GIFTS, GRANTS, AND ENDOWMENTS
453	453	Sec. 1076.109. CONTRACTS WITH GOVERNMENTAL ENTITIES
454	454	FOR CARE AND TREATMENT
455	455	Sec. 1076.110. CONTRACTS FOR SERVICES
456	456	Sec. 1076.111. PROVISION OF CERTAIN HEALTH SERVICES
457	457	Sec. 1076.112. PAYMENT FOR TREATMENT; PROCEDURES
458	458	Sec. 1076.113. NONPROFIT CORPORATION
459	459	[Sections 1076.114-1076.150 reserved for expansion]
460	460	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
461	461	Sec. 1076.151. BUDGET
462	462	Sec. 1076.152. PROPOSED BUDGET: NOTICE AND HEARING
463	463	Sec. 1076.153. FISCAL YEAR
464	464	Sec. 1076.154. ANNUAL AUDIT
465	465	Sec. 1076.155. FINANCIAL REPORT
466	466	Sec. 1076.156. PROJECTS AND PURCHASES EXEMPT FROM
467	467	ASSESSMENT OR TAXATION
468	468	Sec. 1076.157. DEPOSITORY
469	469	Sec. 1076.158. AUTHORITY TO BORROW MONEY; SECURITY
470	470	Sec. 1076.159. INVESTMENT OF DISTRICT MONEY
471	471	[Sections 1076.160-1076.200 reserved for expansion]
472	472	SUBCHAPTER E. BONDS
473	473	Sec. 1076.201. GENERAL OBLIGATION BONDS
474	474	Sec. 1076.202. TAX TO PAY GENERAL OBLIGATION BONDS
475	475	Sec. 1076.203. GENERAL OBLIGATION BOND ELECTION
476	476	Sec. 1076.204. EXECUTION OF GENERAL OBLIGATION BONDS
477	477	Sec. 1076.205. REVENUE BONDS
478	478	Sec. 1076.206. REFUNDING BONDS
479	479	Sec. 1076.207. MATURITY OF BONDS
480	480	Sec. 1076.208. ADDITIONAL MEANS OF SECURING REPAYMENT
481	481	OF BONDS
482	482	Sec. 1076.209. USE OF BOND PROCEEDS
483	483	Sec. 1076.210. BONDS EXEMPT FROM TAXATION
484	484	[Sections 1076.211-1076.250 reserved for expansion]
485	485	SUBCHAPTER F. TAXES
486	486	Sec. 1076.251. IMPOSITION OF AD VALOREM TAX
487	487	Sec. 1076.252. TAX RATE
488	488	Sec. 1076.253. TAX ASSESSOR-COLLECTOR
489	489	[Sections 1076.254-1076.300 reserved for expansion]
490	490	SUBCHAPTER G. DISSOLUTION
491	491	Sec. 1076.301. DISSOLUTION; ELECTION
492	492	Sec. 1076.302. NOTICE OF ELECTION
493	493	Sec. 1076.303. BALLOT
494	494	Sec. 1076.304. ELECTION RESULTS
495	495	Sec. 1076.305. TRANSFER OR ADMINISTRATION OF ASSETS
496	496	Sec. 1076.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
497	497	TAXES
498	498	Sec. 1076.307. REPORT; DISSOLUTION ORDER
499	499	CHAPTER 1076. STARR COUNTY HOSPITAL DISTRICT
500	500	OF STARR COUNTY, TEXAS
501	501	SUBCHAPTER A. GENERAL PROVISIONS
502	502	Sec. 1076.001. DEFINITIONS. In this chapter:
503	503	(1) "Board" means the board of trustees of the
504	504	district.
505	505	(2) "District" means the Starr County Hospital
506	506	District of Starr County, Texas.
507	507	(3) "Trustee" means a member of the board. (Acts 63rd
508	508	Leg., R.S., Ch. 118, Sec. 1 (part); New.)
509	509	Sec. 1076.002. AUTHORITY FOR CREATION. The Starr County
510	510	Hospital District of Starr County, Texas, is created under the
511	511	authority of Section 9, Article IX, Texas Constitution. (Acts 63rd
512	512	Leg., R.S., Ch. 118, Sec. 1 (part).)
513	513	Sec. 1076.003. POLITICAL SUBDIVISION. The district is a
514	514	political subdivision of this state. (Acts 63rd Leg., R.S., Ch.
515	515	118, Sec. 12 (part).)
516	516	Sec. 1076.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
517	517	The accomplishment of the purposes stated in this chapter is for the
518	518	benefit of the people of this state and for the improvement of their
519	519	property and industries.
520	520	(b) The district is a governmental agency performing an
521	521	essential public function under the constitution in carrying out
522	522	the purposes of this chapter. (Acts 63rd Leg., R.S., Ch. 118, Secs.
523	523	12 (part), 13 (part).)
524	524	Sec. 1076.005. DISTRICT TERRITORY. The boundaries of the
525	525	district are coextensive with the boundaries of Starr County,
526	526	Texas, including all "cut over" or "banco" land on the north side of
527	527	the Rio Grande River. (Acts 63rd Leg., R.S., Ch. 118, Sec. 1
528	528	(part).)
529	529	[Sections 1076.006-1076.050 reserved for expansion]
530	530	SUBCHAPTER B. DISTRICT ADMINISTRATION
531	531	Sec. 1076.051. BOARD ELECTION; TERM. (a) A board of five
532	532	trustees shall exercise the powers of the district.
533	533	(b) One trustee is elected from each commissioners precinct
534	534	and one trustee is elected from the district at large by a majority
535	535	of district voters.
536	536	(c) Unless four-year terms are established under Section
537	537	285.081, Health and Safety Code:
538	538	(1) trustees serve two-year terms;
539	539	(2) trustees who represent odd-numbered precincts and
540	540	the trustee elected at large are elected in odd-numbered years;
541	541	(3) trustees who represent even-numbered precincts
542	542	are elected in even-numbered years; and
543	543	(4) a trustee's election shall be held each year on the
544	544	May uniform election date prescribed by Section 41.001, Election
545	545	Code, or another date authorized by law. (Acts 63rd Leg., R.S., Ch.
546	546	118, Secs. 4(a) (part), (c) (part).)
547	547	Sec. 1076.052. NOTICE OF ELECTION. Notice of a trustees'
548	548	election shall be published in a newspaper of general circulation
549	549	in the district in accordance with Section 4.003, Election Code.
550	550	(Acts 63rd Leg., R.S., Ch. 118, Sec. 4(c) (part).)
551	551	Sec. 1076.053. QUALIFICATIONS FOR OFFICE. To qualify for
552	552	election as a trustee, a person must:
553	553	(1) be at least 18 years of age;
554	554	(2) have been a resident of the district for at least
555	555	two years;
556	556	(3) have been a resident of the commissioners precinct
557	557	from which the person is to be elected for at least two years,
558	558	unless the person is running at large; and
559	559	(4) be a qualified voter. (Acts 63rd Leg., R.S., Ch.
560	560	118, Sec. 4(a) (part).)
561	561	Sec. 1076.054. BOND. (a) Each trustee shall execute a good
562	562	and sufficient commercial bond for $1,000 that is:
563	563	(1) payable to the district; and
564	564	(2) conditioned on the faithful performance of the
565	565	trustee's duties.
566	566	(b) The district may pay for a trustee's bond with district
567	567	money. (Acts 63rd Leg., R.S., Ch. 118, Sec. 4(a) (part).)
568	568	Sec. 1076.055. BOARD VACANCY. If a vacancy occurs on the
569	569	board, the majority of remaining trustees shall appoint a trustee
570	570	for the unexpired term. (Acts 63rd Leg., R.S., Ch. 118, Sec. 4(c)
571	571	(part).)
572	572	Sec. 1076.056. OFFICERS; DUTIES; ABSENCE OF PRESIDENT OR
573	573	SECRETARY. (a) The board shall elect from among its members a
574	574	president, vice president, and secretary, and other officers as in
575	575	the judgment of the board are necessary.
576	576	(b) The president shall preside over district meetings and
577	577	has the same right to vote as any other trustee.
578	578	(c) If the president is absent or fails or declines to act,
579	579	the vice president shall perform the president's duties and
580	580	exercise the president's powers under this chapter.
581	581	(d) The secretary:
582	582	(1) shall keep and sign the minutes of the board
583	583	meetings; and
584	584	(2) is the custodian of the district's minutes and
585	585	records.
586	586	(e) If the secretary is absent from a board meeting, the
587	587	board shall name a secretary pro tem for the meeting who may:
588	588	(1) exercise all the duties and powers of the
589	589	secretary for the meeting; and
590	590	(2) sign the minutes of the meeting. (Acts 63rd Leg.,
591	591	R.S., Ch. 118, Sec. 4(d).)
592	592	Sec. 1076.057. COMPENSATION; EXPENSES. A trustee serves
593	593	without compensation but may be reimbursed for actual expenses
594	594	incurred in the performance of official duties on approval of the
595	595	expenses by the board. (Acts 63rd Leg., R.S., Ch. 118, Sec. 4(a)
596	596	(part).)
597	597	Sec. 1076.058. DISTRICT ADMINISTRATOR; ASSISTANT
598	598	ADMINISTRATOR. (a) The board may appoint a qualified person as
599	599	district administrator.
600	600	(b) The board may appoint an assistant administrator.
601	601	(c) The district administrator and any assistant
602	602	administrator serve at the will of the board and shall receive the
603	603	compensation determined by the board.
604	604	(d) On assuming the duties of district administrator, the
605	605	administrator shall execute a bond payable to the district in an
606	606	amount set by the board that:
607	607	(1) is conditioned on the administrator performing the
608	608	administrator's duties; and
609	609	(2) contains other conditions the board may require.
610	610	(e) On assuming the duties of assistant administrator, the
611	611	assistant administrator shall execute a bond payable to the
612	612	district in an amount set by the board that:
613	613	(1) is conditioned on the assistant administrator
614	614	performing the assistant administrator's duties; and
615	615	(2) contains other conditions the board may require.
616	616	(Acts 63rd Leg., R.S., Ch. 118, Sec. 5(b) (part).)
617	617	Sec. 1076.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
618	618	Subject to the limitations prescribed by the board, the district
619	619	administrator shall:
620	620	(1) supervise the work and activities of the district;
621	621	and
622	622	(2) direct the affairs of the district. (Acts 63rd
623	623	Leg., R.S., Ch. 118, Sec. 5(b) (part).)
624	624	Sec. 1076.060. APPOINTMENT AND REMOVAL OF MEDICAL STAFF AND
625	625	EMPLOYEES. (a) The board may appoint any doctors to its medical
626	626	staff and employ any technicians, nurses, and other employees as
627	627	considered necessary for the efficient operation of the district or
628	628	may provide that the district administrator has the authority to
629	629	employ those persons.
630	630	(b) The board may make temporary appointments the board
631	631	considers necessary.
632	632	(c) The board may, after due process, remove from the
633	633	medical staff any doctor whose removal the board considers
634	634	necessary for the efficient operation of the district. (Acts 63rd
635	635	Leg., R.S., Ch. 118, Sec. 5(c).)
636	636	Sec. 1076.061. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.
637	637	The board may use district money, enter into agreements, and take
638	638	other necessary action to recruit or otherwise obtain physicians
639	639	and other personnel for the district's medical staff or for
640	640	employment with the district, including:
641	641	(1) advertising and marketing;
642	642	(2) paying recruitment expenses;
643	643	(3) paying travel and relocation expenses;
644	644	(4) providing a guarantee, subsidy, loan, or
645	645	scholarship;
646	646	(5) sharing personnel; and
647	647	(6) authorizing a physician to use space in a district
648	648	facility or providing a rent subsidy to a physician. (Acts 63rd
649	649	Leg., R.S., Ch. 118, Sec. 4(e).)
650	650	Sec. 1076.062. HEALTH CARE EDUCATIONAL PROGRAMS. The board
651	651	may use district money, enter into agreements, and take other
652	652	necessary action to conduct, participate in, or assist health care
653	653	educational programs for the public and for current or potential
654	654	medical staff members or employees. (Acts 63rd Leg., R.S., Ch. 118,
655	655	Sec. 4(f).)
656	656	Sec. 1076.063. RETIREMENT BENEFITS. The board may provide
657	657	retirement benefits for district employees by:
658	658	(1) establishing or administering a retirement
659	659	program; or
660	660	(2) participating in:
661	661	(A) the Texas County and District Retirement
662	662	System; or
663	663	(B) another statewide retirement system in which
664	664	the district is eligible to participate. (Acts 63rd Leg., R.S., Ch.
665	665	118, Sec. 5(e).)
666	666	[Sections 1076.064-1076.100 reserved for expansion]
667	667	SUBCHAPTER C. POWERS AND DUTIES
668	668	Sec. 1076.101. DISTRICT RESPONSIBILITY. The district shall
669	669	provide medical and hospital care for the district's needy
670	670	inhabitants. (Acts 63rd Leg., R.S., Ch. 118, Sec. 2 (part).)
671	671	Sec. 1076.102. MANAGEMENT, CONTROL, AND ADMINISTRATION.
672	672	(a) The district has authority to operate hospital facilities.
673	673	(b) The board shall manage, control, and administer the
674	674	district's hospital and hospital system and carry out the functions
675	675	of the district. (Acts 63rd Leg., R.S., Ch. 118, Secs. 2 (part),
676	676	5(a) (part).)
677	677	Sec. 1076.103. HOSPITAL SYSTEM. The district shall provide
678	678	for:
679	679	(1) the establishment of a hospital or hospital system
680	680	in the district to provide medical and hospital care and treatment
681	681	and related services to district residents by:
682	682	(A) purchasing, constructing, acquiring,
683	683	repairing, or renovating buildings, facilities, and improvements;
684	684	and
685	685	(B) equipping the buildings, facilities, and
686	686	improvements for hospital purposes; and
687	687	(2) the operation, maintenance, and administration of
688	688	the hospital or hospital system for hospital purposes. (Acts 63rd
689	689	Leg., R.S., Ch. 118, Sec. 2 (part).)
690	690	Sec. 1076.104. RULES. The board may adopt rules for the
691	691	operation of the district. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(a)
692	692	(part).)
693	693	Sec. 1076.105. PURCHASING AND ACCOUNTING. The board may
694	694	prescribe:
695	695	(1) the method and manner of making purchases and
696	696	expenditures by and for the district; and
697	697	(2) all accounting and control procedures. (Acts 63rd
698	698	Leg., R.S., Ch. 118, Sec. 5(f).)
699	699	Sec. 1076.106. DISTRICT PROPERTY, FACILITIES, AND
700	700	EQUIPMENT. (a) The board shall determine:
701	701	(1) the type, number, and location of buildings
702	702	required to maintain an adequate hospital system; and
703	703	(2) the type of equipment necessary for hospital care.
704	704	(b) The board may:
705	705	(1) acquire property, including facilities and
706	706	equipment, for the district for use in the hospital system;
707	707	(2) mortgage or pledge the property as security for
708	708	the payment of the purchase price;
709	709	(3) lease hospital facilities for the district; and
710	710	(4) sell or otherwise dispose of property, including
711	711	facilities or equipment, for the district. (Acts 63rd Leg., R.S.,
712	712	Ch. 118, Sec. 5(j).)
713	713	Sec. 1076.107. EMINENT DOMAIN. (a) The district may
714	714	exercise the power of eminent domain to acquire a fee simple or
715	715	other interest in any type of property, real, personal, or mixed,
716	716	located in district territory, if the interest is necessary or
717	717	convenient for the district to exercise a right, power, privilege,
718	718	or function conferred on the district by this chapter.
719	719	(b) The district must exercise the power of eminent domain
720	720	in the manner provided by Chapter 21, Property Code, except the
721	721	district is not required to deposit in the trial court money or a
722	722	bond as provided by Section 21.021(a), Property Code.
723	723	(c) In a condemnation proceeding brought by the district,
724	724	the district is not required to:
725	725	(1) pay in advance or provide a bond for the issuance
726	726	of a temporary restraining order or a temporary injunction; or
727	727	(2) provide a bond for costs or a supersedeas bond on
728	728	an appeal or petition for review. (Acts 63rd Leg., R.S., Ch. 118,
729	729	Sec. 6.)
730	730	Sec. 1076.108. GIFTS, GRANTS, AND ENDOWMENTS. The board may
731	731	accept for the district a gift, grant, or endowment to be held in
732	732	trust and administered by the board for the purposes and under the
733	733	directions, limitations, or other provisions prescribed in writing
734	734	by the donor that are not inconsistent with the proper management
735	735	and objectives of the district. (Acts 63rd Leg., R.S., Ch. 118,
736	736	Sec. 11.)
737	737	Sec. 1076.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
738	738	CARE AND TREATMENT. The board may contract with this state or a
739	739	federal agency for the treatment of a sick or injured person for
740	740	whom this state or the federal government is responsible. (Acts
741	741	63rd Leg., R.S., Ch. 118, Sec. 5(d).)
742	742	Sec. 1076.110. CONTRACTS FOR SERVICES. (a) The board may
743	743	contract with any person to obtain or supply the facilities and
744	744	services the board considers necessary for the efficient operation
745	745	of the district.
746	746	(b) The board may contract with a public or private
747	747	hospital, a political subdivision of this state, or a state or
748	748	federal agency for the district to provide a mobile emergency
749	749	medical service or to provide for the investigatory or welfare
750	750	needs of district inhabitants. (Acts 63rd Leg., R.S., Ch. 118,
751	751	Secs. 5(h), (i).)
752	752	Sec. 1076.111. PROVISION OF CERTAIN HEALTH SERVICES. The
753	753	district may operate or provide for:
754	754	(1) the operation of a mobile emergency medical or air
755	755	ambulance service;
756	756	(2) home health services, long-term care, skilled
757	757	nursing care, intermediate nursing care, or hospice care; and
758	758	(3) any other reasonable or appropriate medical care
759	759	or medical service. (Acts 63rd Leg., R.S., Ch. 118, Sec. 2 (part).)
760	760	Sec. 1076.112. PAYMENT FOR TREATMENT; PROCEDURES. (a) When
761	761	a patient who resides in the district is admitted to a district
762	762	facility, the board or district administrator shall have an inquiry
763	763	made into the circumstances of:
764	764	(1) the patient; and
765	765	(2) the patient's relatives legally liable for the
766	766	patient's support.
767	767	(b) If the board or district administrator determines that
768	768	the patient or those relatives cannot pay for all or part of the
769	769	patient's care and treatment in the hospital, the amount that
770	770	cannot be paid becomes a charge against the district.
771	771	(c) If the board or district administrator determines that
772	772	the patient or those relatives are liable to pay for all or part of
773	773	the patient's care and treatment, the patient or those relatives
774	774	shall be ordered to pay the district a specified amount each week
775	775	for the patient's care. The amount ordered must be proportionate to
776	776	their financial ability and may not exceed the usual and customary
777	777	charges for services.
778	778	(d) The board or district administrator may collect the
779	779	amount from the patient's estate, or from any relative legally
780	780	liable for the patient's support, in the manner provided by law for
781	781	the collection of expenses of the last illness of a deceased person.
782	782	(e) If there is a dispute as to the ability to pay between
783	783	any party and the board or district administrator, the county court
784	784	shall hold a hearing and, after calling witnesses, shall:
785	785	(1) resolve the dispute; and
786	786	(2) issue any appropriate orders.
787	787	(f) Either party to the dispute may appeal the order to the
788	788	district court. (Acts 63rd Leg., R.S., Ch. 118, Sec. 9.)
789	789	Sec. 1076.113. NONPROFIT CORPORATION. (a) The district
790	790	may create and sponsor a nonprofit corporation under the Business
791	791	Organizations Code and may contribute money to or solicit money for
792	792	the corporation.
793	793	(b) The corporation may use money contributed by the
794	794	district only to provide health care or other services the district
795	795	is authorized to provide under this chapter.
796	796	(c) The corporation may enter into a joint venture with any
797	797	public or private entity or individual to provide health care or
798	798	other services the district is authorized to provide under this
799	799	chapter.
800	800	(d) The corporation may invest the corporation's money in
801	801	any manner in which the district may invest the district's money,
802	802	including investing money as authorized by Chapter 2256, Government
803	803	Code.
804	804	(e) The board shall establish controls to ensure that the
805	805	corporation uses its money as required by this section. (Acts 63rd
806	806	Leg., R.S., Ch. 118, Sec. 5A.)
807	807	[Sections 1076.114-1076.150 reserved for expansion]
808	808	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
809	809	Sec. 1076.151. BUDGET. The board shall prepare a budget
810	810	that includes:
811	811	(1) proposed expenditures and disbursements;
812	812	(2) estimated receipts and collections for the next
813	813	fiscal year; and
814	814	(3) the amount of taxes required to be imposed to meet
815	815	the proposed budget. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(g)
816	816	(part).)
817	817	Sec. 1076.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) The
818	818	board shall hold a public hearing on the proposed budget.
819	819	(b) Notice of the hearing must be published at least once in
820	820	a newspaper of general circulation in the district not later than
821	821	the 10th day before the date of the hearing.
822	822	(c) Any district resident is entitled to:
823	823	(1) appear at the hearing; and
824	824	(2) be heard regarding any item in the proposed
825	825	budget. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(g) (part).)
826	826	Sec. 1076.153. FISCAL YEAR. (a) The board shall establish
827	827	the district fiscal year.
828	828	(b) The fiscal year may not be changed:
829	829	(1) during a period that revenue bonds of the district
830	830	are outstanding; or
831	831	(2) more than once in a 24-month period. (Acts 63rd
832	832	Leg., R.S., Ch. 118, Sec. 5(g) (part).)
833	833	Sec. 1076.154. ANNUAL AUDIT. As soon as practicable after
834	834	the close of each fiscal year, the board shall have an annual audit
835	835	made of the district's books and records by an independent public
836	836	accountant. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(g) (part).)
837	837	Sec. 1076.155. FINANCIAL REPORT. (a) As soon as
838	838	practicable after the close of each fiscal year, the district
839	839	administrator shall prepare a report that includes:
840	840	(1) a complete sworn statement of all district money;
841	841	(2) a complete account of the disbursements of that
842	842	money during the previous fiscal year; and
843	843	(3) the details of district operation during the
844	844	previous fiscal year.
845	845	(b) The district administrator shall make the report to the
846	846	board. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(g) (part).)
847	847	Sec. 1076.156. PROJECTS AND PURCHASES EXEMPT FROM
848	848	ASSESSMENT OR TAXATION. The district is not required to pay a tax
849	849	or assessment on:
850	850	(1) a district project or any part of the project; or
851	851	(2) a district purchase. (Acts 63rd Leg., R.S., Ch.
852	852	118, Sec. 13 (part).)
853	853	Sec. 1076.157. DEPOSITORY. (a) The board shall select one
854	854	or more banks in this state to act as a depository of bond proceeds
855	855	or of revenue derived from the operation of district facilities.
856	856	(b) The depository shall, as determined by the board:
857	857	(1) furnish indemnity bonds;
858	858	(2) pledge securities; or
859	859	(3) meet any other requirement.
860	860	(c) Membership on the district's board of an officer or
861	861	director of a bank does not disqualify the bank from being selected
862	862	as depository. (Acts 63rd Leg., R.S., Ch. 118, Sec. 8.)
863	863	Sec. 1076.158. AUTHORITY TO BORROW MONEY; SECURITY. (a)
864	864	The board may borrow money at a rate not to exceed the maximum
865	865	annual percentage rate allowed by law for district obligations at
866	866	the time the loan is made.
867	867	(b) To secure a loan, the board may pledge:
868	868	(1) district revenue that is not pledged to pay the
869	869	district's bonded indebtedness;
870	870	(2) a district tax to be imposed by the district during
871	871	the 12-month period following the date of the pledge that is not
872	872	pledged to pay the principal of or interest on district bonds; or
873	873	(3) a district bond that has been authorized but not
874	874	sold.
875	875	(c) A loan for which taxes or bonds are pledged must mature
876	876	not later than the first anniversary of the date the loan is made. A
877	877	loan for which district revenue is pledged must mature not later
878	878	than the fifth anniversary of the date the loan is made. (Acts 63rd
879	879	Leg., R.S., Ch. 118, Sec. 5B.)
880	880	Sec. 1076.159. INVESTMENT OF DISTRICT MONEY. (a) The law
881	881	applicable to municipalities with respect to security for and
882	882	investment of money governs, as applicable, the investment of
883	883	district money. The bond order, resolution, or trust indenture may
884	884	further restrict the investment.
885	885	(b) To the extent authorized in the bond order, resolution,
886	886	or trust indenture and until the money is needed, the district may
887	887	invest the proceeds of district bonds in direct obligations of or
888	888	obligations unconditionally guaranteed by the United States. (Acts
889	889	63rd Leg., R.S., Ch. 118, Sec. 15.)
890	890	[Sections 1076.160-1076.200 reserved for expansion]
891	891	SUBCHAPTER E. BONDS
892	892	Sec. 1076.201. GENERAL OBLIGATION BONDS. The board may
893	893	issue and sell general obligation bonds in the name and on the faith
894	894	and credit of the district for the purchase, construction,
895	895	acquisition, repair, or renovation of buildings and improvements
896	896	and equipping the buildings and improvements for district purposes
897	897	or any combination of those purposes. (Acts 63rd Leg., R.S., Ch.
898	898	118, Sec. 7(a) (part).)
899	899	Sec. 1076.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
900	900	the time general obligation bonds are issued by the district, the
901	901	board shall impose an ad valorem tax at a rate sufficient to create
902	902	an interest and sinking fund to pay the principal of and interest on
903	903	the bonds as the bonds mature.
904	904	(b) The tax required by this section together with any other
905	905	ad valorem tax the district imposes may not in any year exceed 75
906	906	cents on each $100 valuation of all taxable property in the
907	907	district. (Acts 63rd Leg., R.S., Ch. 118, Secs. 7(a) (part), 12
908	908	(part).)
909	909	Sec. 1076.203. GENERAL OBLIGATION BOND ELECTION. (a) The
910	910	district may issue general obligation bonds or other bonds secured
911	911	wholly or partly by an ad valorem tax, other than refunding bonds,
912	912	only if the bonds are authorized by a majority of the voters voting
913	913	at an election held for that purpose.
914	914	(b) The order and publication of notice for the bond
915	915	election must be provided in accordance with Chapter 1251,
916	916	Government Code. (Acts 63rd Leg., R.S., Ch. 118, Secs. 7(a) (part),
917	917	7B(b).)
918	918	Sec. 1076.204. EXECUTION OF GENERAL OBLIGATION BONDS. The
919	919	board president shall execute district general obligation bonds in
920	920	the district's name, and the board secretary shall countersign the
921	921	bonds in the manner provided by Chapter 618, Government Code. (Acts
922	922	63rd Leg., R.S., Ch. 118, Sec. 7(c) (part).)
923	923	Sec. 1076.205. REVENUE BONDS. (a) The board may issue
924	924	revenue bonds to:
925	925	(1) purchase, construct, acquire, repair, equip, or
926	926	renovate buildings and improvements for district purposes; or
927	927	(2) acquire sites for district purposes.
928	928	(b) The bonds must be payable from and secured by a pledge of
929	929	all or part of district revenue derived from the operation of the
930	930	district's hospital or health care facilities.
931	931	(c) The bonds may be additionally secured by a mortgage or
932	932	deed of trust lien on all or part of district property.
933	933	(d) The bonds must be issued in the manner and in accordance
934	934	with the procedures and requirements prescribed by Sections
935	935	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
936	936	and Safety Code, for issuance of revenue bonds by a county hospital
937	937	authority. (Acts 63rd Leg., R.S., Ch. 118, Secs. 7A(a) (part), (b),
938	938	(c), (d).)
939	939	Sec. 1076.206. REFUNDING BONDS. (a) The board may issue
940	940	refunding bonds to refund any outstanding indebtedness issued or
941	941	assumed by the district.
942	942	(b) A refunding bond may be sold, with the proceeds of the
943	943	refunding bond applied to the payment of outstanding indebtedness.
944	944	(Acts 63rd Leg., R.S., Ch. 118, Secs. 7(b) (part), 7A(a) (part).)
945	945	Sec. 1076.207. MATURITY OF BONDS. District bonds must
946	946	mature not later than 40 years after the date of issuance. (Acts
947	947	63rd Leg., R.S., Ch. 118, Sec. 7(c) (part).)
948	948	Sec. 1076.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF
949	949	BONDS. In addition to the authority to issue general obligation
950	950	bonds and revenue bonds under this subchapter, the board may
951	951	provide for the security and payment of district bonds from a pledge
952	952	of a combination of ad valorem taxes as authorized by Section
953	953	1076.202 and revenue and other sources as authorized by Section
954	954	1076.205. (Acts 63rd Leg., R.S., Ch. 118, Sec. 7B(a).)
955	955	Sec. 1076.209. USE OF BOND PROCEEDS. The district may use
956	956	the proceeds of bonds issued under this subchapter to pay:
957	957	(1) any expense the board determines is reasonable and
958	958	necessary to issue, sell, and deliver the bonds;
959	959	(2) interest payments on the bonds during a period of
960	960	acquisition or construction of a project or facility to be provided
961	961	through the bonds, not to exceed five years;
962	962	(3) costs related to the operation and maintenance of
963	963	a project or facility to be provided through the bonds:
964	964	(A) during an estimated period of acquisition or
965	965	construction, not to exceed five years; and
966	966	(B) for one year after the project or facility is
967	967	acquired or constructed;
968	968	(4) costs related to the financing of the bond funds,
969	969	including debt service reserve and contingency funds;
970	970	(5) costs related to the bond issuance;
971	971	(6) costs related to the acquisition of land or
972	972	interests in land for a project or facility to be provided through
973	973	the bonds; and
974	974	(7) construction costs of a project or facility to be
975	975	provided through the bonds, including the payment of related
976	976	professional services and expenses. (Acts 63rd Leg., R.S., Ch.
977	977	118, Sec. 7C.)
978	978	Sec. 1076.210. BONDS EXEMPT FROM TAXATION. The following
979	979	are exempt from taxation by this state:
980	980	(1) bonds issued by the district;
981	981	(2) the transfer of the bonds; and
982	982	(3) the income from the bonds, including profits made
983	983	on the sale of the bonds. (Acts 63rd Leg., R.S., Ch. 118, Sec. 13
984	984	(part).)
985	985	[Sections 1076.211-1076.250 reserved for expansion]
986	986	SUBCHAPTER F. TAXES
987	987	Sec. 1076.251. IMPOSITION OF AD VALOREM TAX. The board may
988	988	impose a tax on all property in the district subject to district
989	989	taxation. (Acts 63rd Leg., R.S., Ch. 118, Secs. 3(a) (part), 10(a)
990	990	(part).)
991	991	Sec. 1076.252. TAX RATE. The board may impose the tax at a
992	992	rate not to exceed the limit approved by the voters at the election
993	993	authorizing the imposition of taxes, which may not exceed 75 cents
994	994	on each $100 valuation of all taxable property in the district.
995	995	(Acts 63rd Leg., R.S., Ch. 118, Secs. 3(a) (part), 10(a) (part).)
996	996	Sec. 1076.253. TAX ASSESSOR-COLLECTOR. The board may
997	997	provide for the appointment of a tax assessor-collector for the
998	998	district or may contract for the assessment and collection of taxes
999	999	as provided by the Tax Code. (Acts 63rd Leg., R.S., Ch. 118, Sec.
1000	1000	10(b).)
1001	1001	[Sections 1076.254-1076.300 reserved for expansion]
1002	1002	SUBCHAPTER G. DISSOLUTION
1003	1003	Sec. 1076.301. DISSOLUTION; ELECTION. (a) The district
1004	1004	may be dissolved only on approval of a majority of the district
1005	1005	voters voting in an election held for that purpose.
1006	1006	(b) The board may order an election on the question of
1007	1007	dissolving the district and disposing of the district's assets.
1008	1008	(c) The board shall order an election if the board receives
1009	1009	a petition requesting an election that is signed by at least 15
1010	1010	percent of the registered district voters.
1011	1011	(d) The order calling the election must state:
1012	1012	(1) the nature of the election, including the
1013	1013	proposition to appear on the ballot;
1014	1014	(2) the date of the election;
1015	1015	(3) the hours during which the polls will be open; and
1016	1016	(4) the location of the polling places.
1017	1017	(e) Section 41.001, Election Code, does not apply to an
1018	1018	election ordered under this section. (Acts 63rd Leg., R.S., Ch.
1019	1019	118, Secs. 11A(a), (b), (c), (d).)
1020	1020	Sec. 1076.302. NOTICE OF ELECTION. (a) The board shall
1021	1021	give notice of an election under this subchapter by publishing once
1022	1022	a week for two consecutive weeks a substantial copy of the election
1023	1023	order in a newspaper with general circulation in the district.
1024	1024	(b) The first publication of notice must appear not later
1025	1025	than the 35th day before the date set for the election. (Acts 63rd
1026	1026	Leg., R.S., Ch. 118, Sec. 11A(e).)
1027	1027	Sec. 1076.303. BALLOT. The ballot for an election under
1028	1028	this subchapter must be printed to permit voting for or against the
1029	1029	proposition: "The dissolution of the Starr County Hospital
1030	1030	District." (Acts 63rd Leg., R.S., Ch. 118, Sec. 11A(f).)
1031	1031	Sec. 1076.304. ELECTION RESULTS. (a) If a majority of the
1032	1032	votes in an election under this subchapter favor dissolution, the
1033	1033	board shall order that the district be dissolved.
1034	1034	(b) If a majority of the votes in the election do not favor
1035	1035	dissolution, the board shall continue to administer the district
1036	1036	and another election on the question of dissolution may not be held
1037	1037	before the first anniversary of the date of the most recent election
1038	1038	to dissolve the district. (Acts 63rd Leg., R.S., Ch. 118, Sec.
1039	1039	11A(g).)
1040	1040	Sec. 1076.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
1041	1041	If a majority of the votes in an election under this subchapter
1042	1042	favor dissolution, the board shall:
1043	1043	(1) transfer the land, buildings, improvements,
1044	1044	equipment, and other assets that belong to the district to Starr
1045	1045	County or another governmental entity in Starr County; or
1046	1046	(2) administer the property, assets, and debts until
1047	1047	all money has been disposed of and all district debts have been paid
1048	1048	or settled.
1049	1049	(b) If the district makes the transfer under Subsection
1050	1050	(a)(1), the county or entity assumes all debts and obligations of
1051	1051	the district at the time of the transfer, and the district is
1052	1052	dissolved.
1053	1053	(c) If the district does not make the transfer under
1054	1054	Subsection (a)(1) and the board administers the property, assets,
1055	1055	and debts of the district under Subsection (a)(2), the district is
1056	1056	dissolved when all the money has been disposed of and all district
1057	1057	debts have been paid or settled. (Acts 63rd Leg., R.S., Ch. 118,
1058	1058	Secs. 11A(h), (i), (j).)
1059	1059	Sec. 1076.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
1060	1060	TAXES. (a) After the board finds that the district is dissolved,
1061	1061	the board shall:
1062	1062	(1) determine any debt owed by the district; and
1063	1063	(2) impose on the property included on the district's
1064	1064	tax roll a tax that is in proportion of any debt to the property
1065	1065	value.
1066	1066	(b) On the payment of all outstanding debts and obligations
1067	1067	of the district, the board shall order the board secretary to return
1068	1068	to each district taxpayer the taxpayer's pro rata share of all
1069	1069	unused tax money.
1070	1070	(c) A taxpayer may request that the taxpayer's share of
1071	1071	surplus tax money be credited to the taxpayer's county taxes. If a
1072	1072	taxpayer requests the credit, the board shall direct the board
1073	1073	secretary to transmit the money to the county tax
1074	1074	assessor-collector. (Acts 63rd Leg., R.S., Ch. 118, Secs. 11A(k),
1075	1075	(l).)
1076	1076	Sec. 1076.307. REPORT; DISSOLUTION ORDER. (a) After the
1077	1077	district has paid all district debts and has disposed of all
1078	1078	district money and other assets as prescribed by this subchapter,
1079	1079	the board shall file a written report with the Commissioners Court
1080	1080	of Starr County summarizing the board's actions in dissolving the
1081	1081	district.
1082	1082	(b) Not later than the 10th day after the date the
1083	1083	commissioners court receives the report and determines that the
1084	1084	requirements of this subchapter have been fulfilled, the
1085	1085	commissioners court shall enter an order:
1086	1086	(1) dissolving the district; and
1087	1087	(2) releasing the board from any further duty or
1088	1088	obligation. (Acts 63rd Leg., R.S., Ch. 118, Sec. 11A(m).)
1089	1089	CHAPTER 1087. RANKIN COUNTY HOSPITAL DISTRICT
1090	1090	SUBCHAPTER A. GENERAL PROVISIONS
1091	1091	Sec. 1087.001. DEFINITIONS
1092	1092	Sec. 1087.002. AUTHORITY FOR CREATION
1093	1093	Sec. 1087.003. POLITICAL SUBDIVISION
1094	1094	Sec. 1087.004. DISTRICT TERRITORY
1095	1095	Sec. 1087.005. CONSOLIDATION OF DISTRICT AND MCCAMEY
1096	1096	COUNTY HOSPITAL DISTRICT
1097	1097	[Sections 1087.006-1087.050 reserved for expansion]
1098	1098	SUBCHAPTER B. DISTRICT ADMINISTRATION
1099	1099	Sec. 1087.051. BOARD ELECTION; TERM
1100	1100	Sec. 1087.052. NOTICE OF ELECTION
1101	1101	Sec. 1087.053. QUALIFICATIONS FOR OFFICE
1102	1102	Sec. 1087.054. BOND; RECORD OF BOND
1103	1103	Sec. 1087.055. BOARD VACANCY
1104	1104	Sec. 1087.056. OFFICERS
1105	1105	Sec. 1087.057. VOTING REQUIREMENT
1106	1106	Sec. 1087.058. DISTRICT ADMINISTRATOR
1107	1107	Sec. 1087.059. GENERAL DUTIES OF DISTRICT
1108	1108	ADMINISTRATOR
1109	1109	Sec. 1087.060. ASSISTANT TO DISTRICT ADMINISTRATOR
1110	1110	Sec. 1087.061. LEGAL COUNSEL
1111	1111	Sec. 1087.062. RETIREMENT PROGRAM
1112	1112	Sec. 1087.063. MAINTENANCE OF RECORDS; PUBLIC
1113	1113	INSPECTION
1114	1114	[Sections 1087.064-1087.100 reserved for expansion]
1115	1115	SUBCHAPTER C. POWERS AND DUTIES
1116	1116	Sec. 1087.101. DISTRICT RESPONSIBILITY
1117	1117	Sec. 1087.102. RESTRICTION ON COUNTY OR MUNICIPALITY
1118	1118	TAXATION
1119	1119	Sec. 1087.103. PURCHASING AND ACCOUNTING
1120	1120	Sec. 1087.104. EMINENT DOMAIN
1121	1121	Sec. 1087.105. GIFTS AND ENDOWMENTS
1122	1122	Sec. 1087.106. CONSTRUCTION CONTRACTS
1123	1123	Sec. 1087.107. CONTRACTS WITH GOVERNMENTAL ENTITIES
1124	1124	FOR CARE AND TREATMENT
1125	1125	Sec. 1087.108. PAYMENT FOR TREATMENT; PROCEDURES
1126	1126	Sec. 1087.109. AUTHORITY TO SUE AND BE SUED
1127	1127	[Sections 1087.110-1087.150 reserved for expansion]
1128	1128	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1129	1129	Sec. 1087.151. BUDGET
1130	1130	Sec. 1087.152. PROPOSED BUDGET: NOTICE AND HEARING
1131	1131	Sec. 1087.153. FISCAL YEAR
1132	1132	Sec. 1087.154. ANNUAL AUDIT
1133	1133	Sec. 1087.155. FINANCIAL REPORT
1134	1134	Sec. 1087.156. DEPOSITORY
1135	1135	Sec. 1087.157. INVESTMENT RESTRICTIONS
1136	1136	Sec. 1087.158. AUTHORITY TO BORROW MONEY; SECURITY
1137	1137	[Sections 1087.159-1087.200 reserved for expansion]
1138	1138	SUBCHAPTER E. BONDS
1139	1139	Sec. 1087.201. GENERAL OBLIGATION BONDS
1140	1140	Sec. 1087.202. TAX TO PAY GENERAL OBLIGATION BONDS
1141	1141	Sec. 1087.203. GENERAL OBLIGATION BOND ELECTION
1142	1142	Sec. 1087.204. MATURITY OF GENERAL OBLIGATION BONDS
1143	1143	Sec. 1087.205. EXECUTION OF GENERAL OBLIGATION BONDS
1144	1144	Sec. 1087.206. REVENUE BONDS
1145	1145	Sec. 1087.207. REFUNDING BONDS
1146	1146	Sec. 1087.208. ADDITIONAL MEANS OF SECURING REPAYMENT
1147	1147	OF BONDS
1148	1148	Sec. 1087.209. USE OF BOND PROCEEDS
1149	1149	[Sections 1087.210-1087.250 reserved for expansion]
1150	1150	SUBCHAPTER F. TAXES
1151	1151	Sec. 1087.251. IMPOSITION OF AD VALOREM TAX
1152	1152	Sec. 1087.252. TAX RATE
1153	1153	Sec. 1087.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
1154	1154	ASSESSOR-COLLECTOR
1155	1155	Sec. 1087.254. ELECTION FOR SEPARATE TAX ASSESSOR AND
1156	1156	SEPARATE TAX COLLECTOR
1157	1157	Sec. 1087.255. APPOINTMENT OF SEPARATE TAX ASSESSOR
1158	1158	AND SEPARATE TAX COLLECTOR
1159	1159	CHAPTER 1087. RANKIN COUNTY HOSPITAL DISTRICT
1160	1160	SUBCHAPTER A. GENERAL PROVISIONS
1161	1161	Sec. 1087.001. DEFINITIONS. In this chapter:
1162	1162	(1) "Board" means the board of directors of the
1163	1163	district.
1164	1164	(2) "Director" means a member of the board.
1165	1165	(3) "District" means the Rankin County Hospital
1166	1166	District. (New.)
1167	1167	Sec. 1087.002. AUTHORITY FOR CREATION. The Rankin County
1168	1168	Hospital District is created under the authority of Section 9,
1169	1169	Article IX, Texas Constitution, and has the rights, powers, and
1170	1170	duties prescribed by this chapter. (Acts 60th Leg., R.S., Ch. 182,
1171	1171	Sec. 1 (part).)
1172	1172	Sec. 1087.003. POLITICAL SUBDIVISION. The district is a
1173	1173	political subdivision of this state. (Acts 60th Leg., R.S., Ch.
1174	1174	182, Sec. 21 (part).)
1175	1175	Sec. 1087.004. DISTRICT TERRITORY. The boundaries of the
1176	1176	district are coextensive with the boundaries of the Rankin
1177	1177	Independent School District, as those boundaries existed on January
1178	1178	1, 1967. (Acts 60th Leg., R.S., Ch. 182, Sec. 1 (part).)
1179	1179	Sec. 1087.005. CONSOLIDATION OF DISTRICT AND MCCAMEY COUNTY
1180	1180	HOSPITAL DISTRICT. (a) The McCamey County Hospital District may be
1181	1181	consolidated into the Rankin County Hospital District as provided
1182	1182	by this section.
1183	1183	(b) On the request of 25 percent or more of the taxpaying
1184	1184	voters of each hospital district, the Upton County Commissioners
1185	1185	Court shall submit the consolidation proposal for vote.
1186	1186	(c) Consolidation of the district and the McCamey County
1187	1187	Hospital District must be separately approved by a two-thirds
1188	1188	majority of the voters voting in each hospital district at an
1189	1189	election ordered and held for that purpose.
1190	1190	(d) At the consolidation election, five directors shall be
1191	1191	elected to serve the consolidated district.
1192	1192	(e) Not more than one consolidation election may be held
1193	1193	after each general election.
1194	1194	(f) Refunding bonds may be issued by the consolidated
1195	1195	district to refund any outstanding bonds, including bonds issued by
1196	1196	the district on consolidation, original bonds, and refunding bonds.
1197	1197	Additional funding may be provided as authorized by this chapter.
1198	1198	(Acts 60th Leg., R.S., Ch. 182, Sec. 18.)
1199	1199	[Sections 1087.006-1087.050 reserved for expansion]
1200	1200	SUBCHAPTER B. DISTRICT ADMINISTRATION
1201	1201	Sec. 1087.051. BOARD ELECTION; TERM. (a) The board
1202	1202	consists of five directors elected from the district at large.
1203	1203	(b) Directors serve staggered two-year terms unless
1204	1204	four-year terms are established under Section 285.081, Health and
1205	1205	Safety Code.
1206	1206	(c) An election shall be held annually on the May uniform
1207	1207	election date or another date authorized by law. (Acts 60th Leg.,
1208	1208	R.S., Ch. 182, Secs. 3(a), (i) (part).)
1209	1209	Sec. 1087.052. NOTICE OF ELECTION. Notice of a directors'
1210	1210	election shall be published in a newspaper of general circulation
1211	1211	in Upton County in accordance with Section 4.003, Election Code.
1212	1212	(Acts 60th Leg., R.S., Ch. 182, Sec. 3(i) (part).)
1213	1213	Sec. 1087.053. QUALIFICATIONS FOR OFFICE. (a) A person may
1214	1214	not be elected or appointed a director unless the person is:
1215	1215	(1) a resident of the district; and
1216	1216	(2) at least 18 years of age.
1217	1217	(b) A district employee may not serve as director. (Acts
1218	1218	60th Leg., R.S., Ch. 182, Secs. 3(b), (c).)
1219	1219	Sec. 1087.054. BOND; RECORD OF BOND. (a) Before assuming
1220	1220	the duties of office, each director must execute a bond for $1,000
1221	1221	that is:
1222	1222	(1) payable to the district; and
1223	1223	(2) conditioned on the faithful performance of the
1224	1224	director's duties.
1225	1225	(b) The district shall pay for a director's bond.
1226	1226	(c) Each director's bond shall be deposited with a
1227	1227	depository bank of the district for safekeeping. (Acts 60th Leg.,
1228	1228	R.S., Ch. 182, Sec. 3(d).)
1229	1229	Sec. 1087.055. BOARD VACANCY. (a) If a vacancy occurs in
1230	1230	the office of director, the remaining directors shall appoint a
1231	1231	director.
1232	1232	(b) A director appointed under this section serves until the
1233	1233	next election for directors. A director elected under this
1234	1234	subsection serves only for the remainder of the unexpired term.
1235	1235	(Acts 60th Leg., R.S., Ch. 182, Sec. 3(h).)
1236	1236	Sec. 1087.056. OFFICERS. (a) The board shall elect from
1237	1237	among its members a president and a vice president.
1238	1238	(b) The board shall appoint a secretary, who need not be a
1239	1239	director. (Acts 60th Leg., R.S., Ch. 182, Sec. 3(e).)
1240	1240	Sec. 1087.057. VOTING REQUIREMENT. A concurrence of three
1241	1241	directors is sufficient in any matter relating to district
1242	1242	business. (Acts 60th Leg., R.S., Ch. 182, Sec. 3(f).)
1243	1243	Sec. 1087.058. DISTRICT ADMINISTRATOR. (a) The board may
1244	1244	appoint a qualified person as district administrator.
1245	1245	(b) The district administrator serves at the will of the
1246	1246	board and receives the compensation determined by the board.
1247	1247	(c) The board may remove the district administrator at any
1248	1248	time.
1249	1249	(d) Before assuming the duties of district administrator,
1250	1250	the administrator must execute a bond payable to the district in an
1251	1251	amount of not less than $10,000 that:
1252	1252	(1) is conditioned on the administrator performing
1253	1253	well and faithfully the administrator's required duties; and
1254	1254	(2) contains any other condition the board may
1255	1255	require.
1256	1256	(e) The board may pay for the bond with district money.
1257	1257	(Acts 60th Leg., R.S., Ch. 182, Secs. 4(a), (b), (c).)
1258	1258	Sec. 1087.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
1259	1259	Subject to any limitation prescribed by the board, the district
1260	1260	administrator shall:
1261	1261	(1) perform the duties required by the board;
1262	1262	(2) supervise the work and activities of the district;
1263	1263	and
1264	1264	(3) direct the affairs of the district. (Acts 60th
1265	1265	Leg., R.S., Ch. 182, Sec. 4(d).)
1266	1266	Sec. 1087.060. ASSISTANT TO DISTRICT ADMINISTRATOR. (a)
1267	1267	The board may designate an assistant to the district administrator
1268	1268	to discharge a duty or function of the administrator in the event of
1269	1269	the administrator's incapacity, absence, or inability to discharge
1270	1270	the duty or function.
1271	1271	(b) The assistant shall post the bond required by board
1272	1272	order.
1273	1273	(c) The assistant is subject to any limitation prescribed by
1274	1274	board order. (Acts 60th Leg., R.S., Ch. 182, Sec. 5.)
1275	1275	Sec. 1087.061. LEGAL COUNSEL. The board may employ legal
1276	1276	counsel to represent the district in all legal matters. (Acts 60th
1277	1277	Leg., R.S., Ch. 182, Sec. 20.)
1278	1278	Sec. 1087.062. RETIREMENT PROGRAM. (a) With the approval
1279	1279	of the Upton County Commissioners Court, the board may contract
1280	1280	with this state and the federal government as necessary to
1281	1281	establish or continue a retirement program for the benefit of
1282	1282	district employees.
1283	1283	(b) The board may establish other retirement programs for
1284	1284	the benefit of district employees as the board considers necessary
1285	1285	and advisable. (Acts 60th Leg., R.S., Ch. 182, Secs. 4(e) (part),
1286	1286	(f).)
1287	1287	Sec. 1087.063. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
1288	1288	Except as provided by Section 1087.054, all district records,
1289	1289	including books, accounts, notices, minutes, and all other matters
1290	1290	of the district and the operation of its facilities, shall be:
1291	1291	(1) maintained at the district office; and
1292	1292	(2) open to public inspection at the district office
1293	1293	at all reasonable hours. (Acts 60th Leg., R.S., Ch. 182, Secs.
1294	1294	3(g), 9 (part).)
1295	1295	[Sections 1087.064-1087.100 reserved for expansion]
1296	1296	SUBCHAPTER C. POWERS AND DUTIES
1297	1297	Sec. 1087.101. DISTRICT RESPONSIBILITY. The district has
1298	1298	full responsibility for providing medical and hospital care for the
1299	1299	district's needy and indigent residents. (Acts 60th Leg., R.S.,
1300	1300	Ch. 182, Sec. 11 (part).)
1301	1301	Sec. 1087.102. RESTRICTION ON COUNTY OR MUNICIPALITY
1302	1302	TAXATION. A county or a municipality in the district may not impose
1303	1303	any tax for hospital purposes. (Acts 60th Leg., R.S., Ch. 182, Sec.
1304	1304	11 (part).)
1305	1305	Sec. 1087.103. PURCHASING AND ACCOUNTING. The board may
1306	1306	prescribe:
1307	1307	(1) the method of making purchases and expenditures by
1308	1308	and for the district; and
1309	1309	(2) accounting and control procedures for the
1310	1310	district. (Acts 60th Leg., R.S., Ch. 182, Secs. 13(a), (b).)
1311	1311	Sec. 1087.104. EMINENT DOMAIN. (a) The district may
1312	1312	exercise the power of eminent domain to acquire a fee simple or
1313	1313	other interest in any type of property, real, personal, or mixed,
1314	1314	located in district territory if the interest is necessary or
1315	1315	convenient for the district to exercise a right, power, privilege,
1316	1316	or function conferred on the district by this chapter.
1317	1317	(b) The district must exercise the power of eminent domain
1318	1318	in the manner provided by Chapter 21, Property Code, except the
1319	1319	district is not required to deposit in the trial court money or a
1320	1320	bond as provided by Section 21.021(a), Property Code.
1321	1321	(c) In a condemnation proceeding brought by the district,
1322	1322	the district is not required to:
1323	1323	(1) pay in advance or provide a bond for the issuance
1324	1324	of a temporary restraining order or a temporary injunction; or
1325	1325	(2) provide a bond for costs or a supersedeas bond on
1326	1326	an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 182,
1327	1327	Sec. 17.)
1328	1328	Sec. 1087.105. GIFTS AND ENDOWMENTS. The board may accept
1329	1329	for the district a gift or endowment to be held in trust and
1330	1330	administered by the board for the purposes and under the
1331	1331	directions, limitations, and provisions prescribed in writing by
1332	1332	the donor that are not inconsistent with the proper management and
1333	1333	objectives of the district. (Acts 60th Leg., R.S., Ch. 182, Sec.
1334	1334	16.)
1335	1335	Sec. 1087.106. CONSTRUCTION CONTRACTS. (a) The board may
1336	1336	enter into purchase or construction contracts for the district.
1337	1337	(b) The board may enter into a construction contract that
1338	1338	involves the expenditure of more than the amount provided by
1339	1339	Section 271.024, Local Government Code, only after advertising as
1340	1340	provided by Subchapter B, Chapter 271, Local Government Code.
1341	1341	(Acts 60th Leg., R.S., Ch. 182, Sec. 13(c).)
1342	1342	Sec. 1087.107. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
1343	1343	CARE AND TREATMENT. The board, with the approval of the Upton
1344	1344	County Commissioners Court, may contract with:
1345	1345	(1) a county, other than Upton County, for the care and
1346	1346	treatment of a person of that county; and
1347	1347	(2) this state or a federal agency for the care and
1348	1348	treatment of a sick or injured person for whom the state or agency
1349	1349	is responsible. (Acts 60th Leg., R.S., Ch. 182, Sec. 4(e) (part).)
1350	1350	Sec. 1087.108. PAYMENT FOR TREATMENT; PROCEDURES. (a)
1351	1351	When a patient from the district is admitted to a district facility,
1352	1352	the district administrator shall have an inquiry made into the
1353	1353	circumstances of:
1354	1354	(1) the patient; and
1355	1355	(2) the patient's relatives legally liable for the
1356	1356	patient's support.
1357	1357	(b) If the district administrator determines that the
1358	1358	patient or those relatives cannot pay all or part of the patient's
1359	1359	care and treatment in the hospital, the amount that cannot be paid
1360	1360	becomes a charge against the district.
1361	1361	(c) If the district administrator determines that the
1362	1362	patient or those relatives are liable to pay for all or part of the
1363	1363	patient's care and treatment, the patient or those relatives shall
1364	1364	be ordered to pay to the district's treasurer a specified amount
1365	1365	each week for the patient's support. The amount ordered must be
1366	1366	proportionate to the financial ability and may not exceed the
1367	1367	actual per capita cost of maintenance.
1368	1368	(d) The district administrator may collect the amount from
1369	1369	the patient's estate, or from those relatives legally liable for
1370	1370	the patient's support, in the manner provided by law for the
1371	1371	collection of expenses of the last illness of a deceased person.
1372	1372	(e) If there is a dispute, or doubt in the district
1373	1373	administrator's mind, as to the ability to pay, the board shall hold
1374	1374	a hearing and, after calling witnesses, shall:
1375	1375	(1) resolve the dispute or doubt; and
1376	1376	(2) issue any appropriate order.
1377	1377	(f) Either party to the dispute may appeal the order to the
1378	1378	district court. The appeal is de novo as that term is used in an
1379	1379	appeal from a justice court to a county court. (Acts 60th Leg.,
1380	1380	R.S., Ch. 182, Sec. 15.)
1381	1381	Sec. 1087.109. AUTHORITY TO SUE AND BE SUED. As a
1382	1382	governmental agency, the district may sue and be sued in its own
1383	1383	name in any court of this state. (Acts 60th Leg., R.S., Ch. 182,
1384	1384	Sec. 21 (part).)
1385	1385	[Sections 1087.110-1087.150 reserved for expansion]
1386	1386	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1387	1387	Sec. 1087.151. BUDGET. The board annually shall have a
1388	1388	budget prepared for the next fiscal year that includes:
1389	1389	(1) proposed expenditures and disbursements;
1390	1390	(2) estimated receipts and collections; and
1391	1391	(3) the amount of taxes required to be imposed for the
1392	1392	year. (Acts 60th Leg., R.S., Ch. 182, Sec. 9 (part).)
1393	1393	Sec. 1087.152. PROPOSED BUDGET: NOTICE AND HEARING. (a)
1394	1394	The board shall hold a public hearing on the proposed budget.
1395	1395	(b) Notice of the hearing must be published at least once in
1396	1396	a newspaper of general circulation in Upton County not later than
1397	1397	the 10th day before the date of the hearing.
1398	1398	(c) Any district taxpayer is entitled to:
1399	1399	(1) appear at the time and place designated in the
1400	1400	notice; and
1401	1401	(2) be heard regarding any item included in the
1402	1402	proposed budget. (Acts 60th Leg., R.S., Ch. 182, Sec. 9 (part).)
1403	1403	Sec. 1087.153. FISCAL YEAR. The district's fiscal year
1404	1404	begins on October 1 and ends on September 30. (Acts 60th Leg.,
1405	1405	R.S., Ch. 182, Sec. 9 (part).)
1406	1406	Sec. 1087.154. ANNUAL AUDIT. (a) The board annually shall
1407	1407	have an independent audit made of the district's books and records
1408	1408	for the preceding fiscal year.
1409	1409	(b) Not later than December 31 of each year, the audit shall
1410	1410	be filed:
1411	1411	(1) with the county clerk of Upton County; and
1412	1412	(2) at the district's office. (Acts 60th Leg., R.S.,
1413	1413	Ch. 182, Sec. 9 (part).)
1414	1414	Sec. 1087.155. FINANCIAL REPORT. (a) The board and the
1415	1415	district administrator shall annually prepare a report under oath
1416	1416	that includes:
1417	1417	(1) a complete statement of:
1418	1418	(A) all money and choses in action; and
1419	1419	(B) how the money and choses in action were
1420	1420	disbursed or otherwise disposed;
1421	1421	(2) the details of district operation during the
1422	1422	preceding fiscal year; and
1423	1423	(3) a full and complete list of all delinquent
1424	1424	accounts owing and due the district, including names and addresses
1425	1425	of delinquent debtors.
1426	1426	(b) The report shall be filed in:
1427	1427	(1) the district office; and
1428	1428	(2) the office of the county clerk of Upton County.
1429	1429	(Acts 60th Leg., R.S., Ch. 182, Sec. 9 (part).)
1430	1430	Sec. 1087.156. DEPOSITORY. (a) The board shall select one
1431	1431	or more banks to serve as a depository for district money.
1432	1432	(b) To the extent that money in a depository bank is not
1433	1433	insured by the Federal Deposit Insurance Corporation, the money
1434	1434	must be secured in the manner provided by law for the security of
1435	1435	county funds.
1436	1436	(c) Membership on the district's board of an officer or
1437	1437	director of a bank does not disqualify the bank from being
1438	1438	designated as depository. (Acts 60th Leg., R.S., Ch. 182, Sec.
1439	1439	10(a).)
1440	1440	Sec. 1087.157. INVESTMENT RESTRICTIONS. The board may
1441	1441	invest operating, depreciation, or building reserves only in funds
1442	1442	or securities specified by Chapter 2256, Government Code. (Acts
1443	1443	60th Leg., R.S., Ch. 182, Sec. 10(b).)
1444	1444	Sec. 1087.158. AUTHORITY TO BORROW MONEY; SECURITY. (a) The
1445	1445	board may borrow money at a rate not to exceed the maximum annual
1446	1446	percentage rate allowed by law for district obligations at the time
1447	1447	the loan is made.
1448	1448	(b) To secure a loan, the board may pledge:
1449	1449	(1) district revenue that is not pledged to pay the
1450	1450	district's bonded indebtedness;
1451	1451	(2) tax revenue to be collected by the district during
1452	1452	the 12-month period following the date of the pledge that is not
1453	1453	pledged to pay the principal of or interest on district bonds; or
1454	1454	(3) district bonds that have been authorized but not
1455	1455	sold.
1456	1456	(c) A loan for which taxes or bonds are pledged must mature
1457	1457	not later than the first anniversary of the date the loan is made. A
1458	1458	loan for which district revenue is pledged must mature not later
1459	1459	than the fifth anniversary of the date the loan is made. (Acts 60th
1460	1460	Leg., R.S., Ch. 182, Sec. 7A.)
1461	1461	[Sections 1087.159-1087.200 reserved for expansion]
1462	1462	SUBCHAPTER E. BONDS
1463	1463	Sec. 1087.201. GENERAL OBLIGATION BONDS. The board may
1464	1464	issue and sell general obligation bonds in the name and on the faith
1465	1465	and credit of the district for any purpose relating to:
1466	1466	(1) the purchase, construction, acquisition, repair,
1467	1467	or renovation of buildings and improvements; and
1468	1468	(2) equipping buildings and improvements for hospital
1469	1469	purposes. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(a).)
1470	1470	Sec. 1087.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
1471	1471	the time general obligation bonds are issued by the district, the
1472	1472	board shall impose an ad valorem tax at a rate sufficient to create
1473	1473	an interest and sinking fund to pay the principal of and interest on
1474	1474	the bonds as the bonds mature.
1475	1475	(b) The tax required by this section together with any other
1476	1476	ad valorem tax imposed for the district may not in any year exceed
1477	1477	75 cents on each $100 valuation of all taxable property in the
1478	1478	district. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(b).)
1479	1479	Sec. 1087.203. GENERAL OBLIGATION BOND ELECTION. (a) The
1480	1480	district may issue general obligation bonds only if the bonds are
1481	1481	authorized by a majority of the district voters voting at an
1482	1482	election held for that purpose.
1483	1483	(b) The board may call the election on the board's own
1484	1484	motion.
1485	1485	(c) The order calling the election must specify:
1486	1486	(1) the location of the polling places;
1487	1487	(2) the presiding election officers;
1488	1488	(3) the purpose of the bond issuance;
1489	1489	(4) the amount of the bonds to be authorized;
1490	1490	(5) the maximum interest rate of the bonds; and
1491	1491	(6) the maximum maturity of the bonds.
1492	1492	(d) Notice of a bond election shall be given by publishing a
1493	1493	substantial copy of the order calling the election in a newspaper of
1494	1494	general circulation in the district once each week for two
1495	1495	consecutive weeks before the date of the election. The first
1496	1496	publication must occur at least 20 days before the date of the
1497	1497	election. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(d) (part).)
1498	1498	Sec. 1087.204. MATURITY OF GENERAL OBLIGATION BONDS.
1499	1499	District general obligation bonds must mature not later than 40
1500	1500	years after the date of issuance. (Acts 60th Leg., R.S., Ch. 182,
1501	1501	Sec. 7(d) (part).)
1502	1502	Sec. 1087.205. EXECUTION OF GENERAL OBLIGATION BONDS. The
1503	1503	board's presiding officer shall execute the general obligation
1504	1504	bonds in the district's name, and the board secretary shall
1505	1505	countersign the bonds. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(c).)
1506	1506	Sec. 1087.206. REVENUE BONDS. (a) The board may issue
1507	1507	revenue bonds to:
1508	1508	(1) purchase, construct, acquire, repair, or renovate
1509	1509	buildings or improvements;
1510	1510	(2) equip buildings or improvements for hospital
1511	1511	purposes; or
1512	1512	(3) acquire real property for hospital purposes.
1513	1513	(b) The bonds must be payable from and secured by a pledge of
1514	1514	all or part of the revenue derived from the operation of the
1515	1515	district's hospital system.
1516	1516	(c) The bonds may be additionally secured by a mortgage or
1517	1517	deed of trust lien on all or part of district property.
1518	1518	(d) The bonds must be issued in the manner provided by
1519	1519	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
1520	1520	Health and Safety Code, for issuance of revenue bonds by a county
1521	1521	hospital authority. (Acts 60th Leg., R.S., Ch. 182, Secs. 7(f),
1522	1522	(g).)
1523	1523	Sec. 1087.207. REFUNDING BONDS. (a) The board may, without
1524	1524	an election, issue refunding bonds to refund outstanding bonds
1525	1525	issued or assumed by the district.
1526	1526	(b) A refunding bond may be:
1527	1527	(1) sold, with the proceeds of the refunding bond
1528	1528	applied to the payment of the bonds to be refunded; or
1529	1529	(2) exchanged wholly or partly for not less than a
1530	1530	similar amount of outstanding bonds and the unpaid matured interest
1531	1531	on the bonds. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(e).)
1532	1532	Sec. 1087.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF
1533	1533	BONDS. In addition to the authority to issue general obligation and
1534	1534	revenue bonds under this subchapter, the board may provide for the
1535	1535	security and payment of district bonds from a pledge of a
1536	1536	combination of ad valorem taxes as authorized by Section 1087.202
1537	1537	and revenue and other sources as authorized by Section 1087.206.
1538	1538	(Acts 60th Leg., R.S., Ch. 182, Sec. 7(h).)
1539	1539	Sec. 1087.209. USE OF BOND PROCEEDS. The district may use
1540	1540	the proceeds of bonds issued under this subchapter to pay:
1541	1541	(1) any expense the board determines is reasonable and
1542	1542	necessary to issue, sell, and deliver the bonds;
1543	1543	(2) interest payments on the bonds during a period of
1544	1544	acquisition or construction of a project or facility to be provided
1545	1545	through the bonds, not to exceed five years;
1546	1546	(3) costs related to the operation and maintenance of
1547	1547	a project or facility to be provided through the bonds:
1548	1548	(A) during an estimated period of acquisition or
1549	1549	construction, not to exceed five years; and
1550	1550	(B) for one year after the project or facility is
1551	1551	acquired or constructed;
1552	1552	(4) costs related to the financing of the bond funds,
1553	1553	including debt service reserve and contingency funds;
1554	1554	(5) costs related to the bond issuance;
1555	1555	(6) costs related to the acquisition of land or
1556	1556	interests in land for a project or facility to be provided through
1557	1557	the bonds; and
1558	1558	(7) construction costs of a project or facility to be
1559	1559	provided through the bonds, including the payment of related
1560	1560	professional services and expenses. (Acts 60th Leg., R.S., Ch.
1561	1561	182, Sec. 7(i).)
1562	1562	[Sections 1087.210-1087.250 reserved for expansion]
1563	1563	SUBCHAPTER F. TAXES
1564	1564	Sec. 1087.251. IMPOSITION OF AD VALOREM TAX. (a) On final
1565	1565	approval of the annual budget, the board shall impose a tax on all
1566	1566	property in the district subject to district taxation.
1567	1567	(b) The board shall impose the tax to:
1568	1568	(1) pay the interest on and create a sinking fund for
1569	1569	bonds issued or assumed by the district for hospital purposes as
1570	1570	provided by this chapter;
1571	1571	(2) provide for the operation and maintenance of the
1572	1572	hospital or hospital system;
1573	1573	(3) make improvements and additions to the district's
1574	1574	hospital system; and
1575	1575	(4) acquire necessary sites for improvements or
1576	1576	additions by purchase, lease, or condemnation. (Acts 60th Leg.,
1577	1577	R.S., Ch. 182, Secs. 6 (part), 9 (part).)
1578	1578	Sec. 1087.252. TAX RATE. The board may impose the tax at a
1579	1579	rate not to exceed 75 cents on each $100 valuation of all taxable
1580	1580	property in the district. (Acts 60th Leg., R.S., Ch. 182, Sec. 6
1581	1581	(part).)
1582	1582	Sec. 1087.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
1583	1583	ASSESSOR-COLLECTOR. (a) This section applies unless an election
1584	1584	is held under Section 1087.254.
1585	1585	(b) The tax assessor-collector of Upton County shall
1586	1586	collect the taxes imposed on all property subject to district
1587	1587	taxation. (Acts 60th Leg., R.S., Ch. 182, Secs. 6 (part), 9
1588	1588	(part).)
1589	1589	Sec. 1087.254. ELECTION FOR SEPARATE TAX ASSESSOR AND
1590	1590	SEPARATE TAX COLLECTOR. (a) On receipt of a petition signed by at
1591	1591	least five percent of the taxpaying voters in the district, the
1592	1592	court may order an election to determine whether the district shall
1593	1593	have a separate tax assessor and separate tax collector for the
1594	1594	assessment and collection of district taxes.
1595	1595	(b) Notice of the election shall be given as required by
1596	1596	Section 1087.052. (Acts 60th Leg., R.S., Ch. 182, Sec. 19 (part).)
1597	1597	Sec. 1087.255. APPOINTMENT OF SEPARATE TAX ASSESSOR AND
1598	1598	SEPARATE TAX COLLECTOR. If the appointment of a separate tax
1599	1599	assessor and separate tax collector is approved by a two-thirds
1600	1600	majority vote of the district voters voting at an election held
1601	1601	under Section 1087.254, the board shall appoint:
1602	1602	(1) a suitable person as tax assessor; and
1603	1603	(2) a suitable person as tax collector. (Acts 60th
1604	1604	Leg., R.S., Ch. 182, Sec. 19 (part).)
1605	1605	CHAPTER 1096. SOUTH LIMESTONE HOSPITAL DISTRICT
1606	1606	SUBCHAPTER A. GENERAL PROVISIONS
1607	1607	Sec. 1096.001. DEFINITIONS
1608	1608	Sec. 1096.002. AUTHORITY FOR CREATION
1609	1609	Sec. 1096.003. DISTRICT TERRITORY
1610	1610	Sec. 1096.004. CORRECTION OF INVALID PROCEDURES
1611	1611	Sec. 1096.005. DISTRICT SUPPORT AND MAINTENANCE NOT
1612	1612	STATE OBLIGATION
1613	1613	Sec. 1096.006. RESTRICTION ON STATE FINANCIAL
1614	1614	ASSISTANCE
1615	1615	[Sections 1096.007-1096.050 reserved for expansion]
1616	1616	SUBCHAPTER B. DISTRICT ADMINISTRATION
1617	1617	Sec. 1096.051. BOARD ELECTION; TERM
1618	1618	Sec. 1096.052. QUALIFICATIONS FOR OFFICE
1619	1619	Sec. 1096.053. BOND; RECORD OF BOND AND OATH
1620	1620	Sec. 1096.054. BOARD VACANCY
1621	1621	Sec. 1096.055. OFFICERS
1622	1622	Sec. 1096.056. COMPENSATION; EXPENSES
1623	1623	Sec. 1096.057. DISTRICT ADMINISTRATOR
1624	1624	Sec. 1096.058. EMPLOYEES
1625	1625	Sec. 1096.059. MAINTENANCE OF RECORDS; PUBLIC
1626	1626	INSPECTION
1627	1627	Sec. 1096.060. RECRUITMENT OF MEDICAL STAFF
1628	1628	Sec. 1096.061. CONTINUING EDUCATION; RETRAINING
1629	1629	[Sections 1096.062-1096.100 reserved for expansion]
1630	1630	SUBCHAPTER C. POWERS AND DUTIES
1631	1631	Sec. 1096.101. DISTRICT RESPONSIBILITY
1632	1632	Sec. 1096.102. RESTRICTION ON POLITICAL SUBDIVISION
1633	1633	TAXATION AND DEBT
1634	1634	Sec. 1096.103. MANAGEMENT AND CONTROL OF DISTRICT
1635	1635	Sec. 1096.104. HOSPITAL SYSTEM
1636	1636	Sec. 1096.105. RULES
1637	1637	Sec. 1096.106. PURCHASING AND ACCOUNTING PROCEDURES
1638	1638	Sec. 1096.107. EMINENT DOMAIN
1639	1639	Sec. 1096.108. GIFTS AND ENDOWMENTS
1640	1640	Sec. 1096.109. CONTRACTS WITH POLITICAL SUBDIVISION
1641	1641	FOR HOSPITAL CARE
1642	1642	Sec. 1096.110. PROVISION OF CERTAIN HEALTH SERVICES
1643	1643	Sec. 1096.111. OPERATION OF HOSPITAL; RATES CHARGED;
1644	1644	RESERVE FUNDS
1645	1645	Sec. 1096.112. PAYMENT FOR TREATMENT; PROCEDURES
1646	1646	[Sections 1096.113-1096.150 reserved for expansion]
1647	1647	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1648	1648	Sec. 1096.151. BUDGET
1649	1649	Sec. 1096.152. PROPOSED BUDGET: NOTICE AND HEARING
1650	1650	Sec. 1096.153. FISCAL YEAR
1651	1651	Sec. 1096.154. ANNUAL AUDIT
1652	1652	Sec. 1096.155. DEPOSITORY
1653	1653	Sec. 1096.156. AUTHORITY TO BORROW MONEY; SECURITY
1654	1654	Sec. 1096.157. INVESTMENT OF DISTRICT MONEY
1655	1655	Sec. 1096.158. TAX EXEMPTION
1656	1656	[Sections 1096.159-1096.200 reserved for expansion]
1657	1657	SUBCHAPTER E. BONDS
1658	1658	Sec. 1096.201. REVENUE BONDS
1659	1659	Sec. 1096.202. EXECUTION OF BONDS
1660	1660	Sec. 1096.203. MATURITY OF BONDS
1661	1661	Sec. 1096.204. REFUNDING BONDS
1662	1662	[Sections 1096.205-1096.250 reserved for expansion]
1663	1663	SUBCHAPTER F. TAXES
1664	1664	Sec. 1096.251. IMPOSITION OF AD VALOREM TAX
1665	1665	Sec. 1096.252. TAX RATE
1666	1666	Sec. 1096.253. TAX ASSESSOR-COLLECTOR
1667	1667	CHAPTER 1096. SOUTH LIMESTONE HOSPITAL DISTRICT
1668	1668	SUBCHAPTER A. GENERAL PROVISIONS
1669	1669	Sec. 1096.001. DEFINITIONS. In this chapter:
1670	1670	(1) "Board" means the board of directors of the
1671	1671	district.
1672	1672	(2) "Director" means a member of the board.
1673	1673	(3) "District" means the South Limestone Hospital
1674	1674	District. (New.)
1675	1675	Sec. 1096.002. AUTHORITY FOR CREATION. The South Limestone
1676	1676	Hospital District is created under the authority of Section 9,
1677	1677	Article IX, Texas Constitution, and has the rights, powers, and
1678	1678	duties provided by this chapter. (Acts 61st Leg., R.S., Ch. 638,
1679	1679	Secs. 1, 2 (part).)
1680	1680	Sec. 1096.003. DISTRICT TERRITORY. The boundaries of the
1681	1681	district are coextensive with the boundaries of the Groesbeck
1682	1682	Independent School District as those boundaries existed on January
1683	1683	1, 1969. (Acts 61st Leg., R.S., Ch. 638, Sec. 2 (part).)
1684	1684	Sec. 1096.004. CORRECTION OF INVALID PROCEDURES. If a
1685	1685	court holds that any procedure under this chapter violates the
1686	1686	constitution of this state or of the United States, the district by
1687	1687	resolution may provide an alternative procedure that conforms with
1688	1688	the constitution. (Acts 61st Leg., R.S., Ch. 638, Sec. 28 (part).)
1689	1689	Sec. 1096.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
1690	1690	OBLIGATION. The support and maintenance of the district's hospital
1691	1691	system and any indebtedness incurred by the district under this
1692	1692	chapter may not become a charge against or obligation of this state.
1693	1693	(Acts 61st Leg., R.S., Ch. 638, Sec. 26 (part).)
1694	1694	Sec. 1096.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
1695	1695	The legislature may not make a direct appropriation for the
1696	1696	construction, maintenance, or improvement of a district facility.
1697	1697	(Acts 61st Leg., R.S., Ch. 638, Sec. 26 (part).)
1698	1698	[Sections 1096.007-1096.050 reserved for expansion]
1699	1699	SUBCHAPTER B. DISTRICT ADMINISTRATION
1700	1700	Sec. 1096.051. BOARD ELECTION; TERM. (a) The district is
1701	1701	governed by a board of seven directors elected from the district at
1702	1702	large.
1703	1703	(b) Each even-numbered year, on the May uniform election
1704	1704	date or another date authorized by law, the appropriate number of
1705	1705	directors shall be elected.
1706	1706	(c) Directors serve staggered four-year terms. (Acts 61st
1707	1707	Leg., R.S., Ch. 638, Secs. 5(a), (e).)
1708	1708	Sec. 1096.052. QUALIFICATIONS FOR OFFICE. (a) To qualify
1709	1709	for election to the board, a person must:
1710	1710	(1) be at least 18 years of age;
1711	1711	(2) have been a resident of the district for at least
1712	1712	two years; and
1713	1713	(3) be a qualified property tax paying voter of the
1714	1714	district.
1715	1715	(b) A person may not serve as a director if the person:
1716	1716	(1) is a district employee;
1717	1717	(2) was a district employee at any time during the two
1718	1718	years preceding the date of the election; or
1719	1719	(3) receives compensation under a contract with the
1720	1720	district. (Acts 61st Leg., R.S., Ch. 638, Secs. 5(f), (j).)
1721	1721	Sec. 1096.053. BOND; RECORD OF BOND AND OATH. (a) Each
1722	1722	director shall qualify by executing a good and sufficient bond for
1723	1723	$1,000 that is:
1724	1724	(1) payable to the district; and
1725	1725	(2) conditioned on the faithful performance of the
1726	1726	director's duties.
1727	1727	(b) The district shall pay for the directors' bonds.
1728	1728	(c) Each director's bond and constitutional oath of office
1729	1729	shall be deposited with the district's depository bank for
1730	1730	safekeeping. (Acts 61st Leg., R.S., Ch. 638, Sec. 5(b).)
1731	1731	Sec. 1096.054. BOARD VACANCY. If a vacancy occurs in the
1732	1732	office of director, the remaining directors shall appoint a
1733	1733	director for the unexpired term. (Acts 61st Leg., R.S., Ch. 638,
1734	1734	Sec. 5(d).)
1735	1735	Sec. 1096.055. OFFICERS. (a) The board shall elect from
1736	1736	among its members a president, vice president, secretary, and
1737	1737	treasurer.
1738	1738	(b) The board may combine the offices of secretary and
1739	1739	treasurer at the board's discretion. (Acts 61st Leg., R.S., Ch.
1740	1740	638, Sec. 5(c).)
1741	1741	Sec. 1096.056. COMPENSATION; EXPENSES. A director is not
1742	1742	entitled to compensation but is entitled to reimbursement for any
1743	1743	necessary expense incurred in the performance of official duties.
1744	1744	(Acts 61st Leg., R.S., Ch. 638, Sec. 5(i).)
1745	1745	Sec. 1096.057. DISTRICT ADMINISTRATOR. (a) The board may
1746	1746	employ a district administrator to manage the operations of the
1747	1747	hospital system.
1748	1748	(b) The district administrator may hire necessary personnel
1749	1749	to perform the services provided by the hospital system. (Acts 61st
1750	1750	Leg., R.S., Ch. 638, Sec. 20(e) (part).)
1751	1751	Sec. 1096.058. EMPLOYEES. The board may employ an
1752	1752	attorney, a general manager, a bookkeeper, an architect, nurses,
1753	1753	and other employees necessary for the efficient operation of the
1754	1754	district. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(e) (part).)
1755	1755	Sec. 1096.059. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
1756	1756	Except as provided by Section 1096.053, the board shall:
1757	1757	(1) maintain all district records, including books,
1758	1758	accounts, notices, minutes, and other matters of the district and
1759	1759	its operation, at the district office; and
1760	1760	(2) make those records available for public inspection
1761	1761	at reasonable times. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(b).)
1762	1762	Sec. 1096.060. RECRUITMENT OF MEDICAL STAFF. The board may
1763	1763	spend district money to recruit physicians, nurses, and other
1764	1764	trained medical personnel. The board may pay the tuition or other
1765	1765	education-related costs or expenses of a person who:
1766	1766	(1) graduates from a medical school, a nursing school,
1767	1767	or an institution of higher education; and
1768	1768	(2) contractually agrees to become a district
1769	1769	employee. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(h) (part).)
1770	1770	Sec. 1096.061. CONTINUING EDUCATION; RETRAINING. The board
1771	1771	may spend district money for the continuing education and
1772	1772	retraining of district employees. (Acts 61st Leg., R.S., Ch. 638,
1773	1773	Sec. 20(h) (part).)
1774	1774	[Sections 1096.062-1096.100 reserved for expansion]
1775	1775	SUBCHAPTER C. POWERS AND DUTIES
1776	1776	Sec. 1096.101. DISTRICT RESPONSIBILITY. The district shall
1777	1777	provide all necessary hospital and medical care for the district's
1778	1778	needy inhabitants. (Acts 61st Leg., R.S., Ch. 638, Sec. 3 (part).)
1779	1779	Sec. 1096.102. RESTRICTION ON POLITICAL SUBDIVISION
1780	1780	TAXATION AND DEBT. A political subdivision of this state, other
1781	1781	than the district, may not impose a tax or issue bonds or other
1782	1782	obligations to provide hospital service or medical care in the
1783	1783	district. (Acts 61st Leg., R.S., Ch. 638, Sec. 3 (part).)
1784	1784	Sec. 1096.103. MANAGEMENT AND CONTROL OF DISTRICT. The
1785	1785	board has full power to manage and control the district. (Acts 61st
1786	1786	Leg., R.S., Ch. 638, Sec. 20(a) (part).)
1787	1787	Sec. 1096.104. HOSPITAL SYSTEM. The district has the
1788	1788	responsibility to establish a hospital or hospital system within
1789	1789	its boundaries to provide hospital and medical care to the
1790	1790	district's residents. (Acts 61st Leg., R.S., Ch. 638, Sec. 3
1791	1791	(part).)
1792	1792	Sec. 1096.105. RULES. (a) The board shall adopt rules for
1793	1793	the efficient operation of the district, including district
1794	1794	facilities.
1795	1795	(b) The board shall:
1796	1796	(1) publish the rules in book form; and
1797	1797	(2) provide copies to interested persons on request at
1798	1798	district expense. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(c).)
1799	1799	Sec. 1096.106. PURCHASING AND ACCOUNTING PROCEDURES. The
1800	1800	board may prescribe the method of making purchases and expenditures
1801	1801	and the manner of accounting and control used by the district.
1802	1802	(Acts 61st Leg., R.S., Ch. 638, Sec. 20(e) (part).)
1803	1803	Sec. 1096.107. EMINENT DOMAIN. (a) To carry out a power
1804	1804	provided by this chapter, the district may exercise the power of
1805	1805	eminent domain to acquire the fee simple title to land and other
1806	1806	property and easements.
1807	1807	(b) The district must exercise the power of eminent domain
1808	1808	in the manner provided by Chapter 21, Property Code.
1809	1809	(c) In a condemnation proceeding, the district is not
1810	1810	required to:
1811	1811	(1) pay in advance or provide a bond or other security
1812	1812	for costs in the trial court;
1813	1813	(2) provide a bond for costs or a supersedeas bond on
1814	1814	an appeal or petition for review; or
1815	1815	(3) deposit in the trial court money or a bond as
1816	1816	provided by Section 21.021(a), Property Code.
1817	1817	(d) The district is a municipal corporation for the purposes
1818	1818	of Chapter 21, Property Code.
1819	1819	(e) The board shall determine the amount and the type of
1820	1820	interest in land, other property, or easements to be acquired.
1821	1821	(Acts 61st Leg., R.S., Ch. 638, Secs. 17, 23.)
1822	1822	Sec. 1096.108. GIFTS AND ENDOWMENTS. The board may accept a
1823	1823	gift or endowment to be held and administered as required by the
1824	1824	respective donor, to the extent that those requirements do not
1825	1825	contravene law. (Acts 61st Leg., R.S., Ch. 638, Sec. 19.)
1826	1826	Sec. 1096.109. CONTRACTS WITH POLITICAL SUBDIVISION FOR
1827	1827	HOSPITAL CARE. The board may contract with a political subdivision
1828	1828	to provide hospital and medical care for needy persons who reside
1829	1829	outside the district. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(f).)
1830	1830	Sec. 1096.110. PROVISION OF CERTAIN HEALTH SERVICES. The
1831	1831	board may provide emergency services, home health care services,
1832	1832	long-term health care services, or any other health care services
1833	1833	the board determines are necessary to meet the needs of the
1834	1834	district. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(g).)
1835	1835	Sec. 1096.111. OPERATION OF HOSPITAL; RATES CHARGED;
1836	1836	RESERVE FUNDS. (a) The district shall operate a hospital without
1837	1837	the intervention of private profit for the use and benefit of the
1838	1838	public.
1839	1839	(b) The board shall charge sufficient rates for services
1840	1840	provided by the hospital and use other sources of district revenue
1841	1841	that will produce an amount sufficient to:
1842	1842	(1) pay all expenses in connection with the ownership,
1843	1843	operation, and upkeep of the hospital;
1844	1844	(2) pay the interest on the bonds as it becomes due;
1845	1845	(3) create a sinking fund to pay the bonds as they
1846	1846	become due; and
1847	1847	(4) create and maintain a bond reserve fund and other
1848	1848	funds as provided in the bond resolution or trust indenture.
1849	1849	(c) The bond resolution or trust indenture may prescribe
1850	1850	systems, methods, routines, and procedures needed for the operation
1851	1851	of the hospital. (Acts 61st Leg., R.S., Ch. 638, Sec. 15.)
1852	1852	Sec. 1096.112. PAYMENT FOR TREATMENT; PROCEDURES. (a) A
1853	1853	person who resides in the district is entitled to receive necessary
1854	1854	medical and hospital care regardless of whether the person has the
1855	1855	ability to pay for the care and may apply to receive this care
1856	1856	without cost.
1857	1857	(b) The board or the district administrator shall employ a
1858	1858	person to investigate the ability of the patient and any relative
1859	1859	liable for the patient's support to pay for the medical and hospital
1860	1860	care received by the patient.
1861	1861	(c) If the investigator finds that neither the patient nor
1862	1862	those relatives can pay for all or part of the patient's care, the
1863	1863	expense of that care becomes a charge against the district.
1864	1864	(d) If the patient or those relatives can pay for all or part
1865	1865	of the costs of the patient's care, the board shall order the
1866	1866	patient or those relatives to pay to the district treasurer each
1867	1867	week an amount specified in the order. The amount must be
1868	1868	proportionate to the person's ability to pay.
1869	1869	(e) The district may collect the amount from the patient's
1870	1870	estate, or from any relative liable for the patient's support, in
1871	1871	the manner provided by law for the collection of expenses of the
1872	1872	last illness of a deceased person.
1873	1873	(f) If there is a dispute as to the ability to pay, or doubt
1874	1874	in the mind of the investigator, the board shall hold a hearing and,
1875	1875	after calling witnesses, shall:
1876	1876	(1) determine the question; and
1877	1877	(2) make the proper order based on the board's
1878	1878	findings.
1879	1879	(g) A party to the hearing who is not satisfied with the
1880	1880	result of the order may appeal to the district court. The appeal is
1881	1881	de novo. (Acts 61st Leg., R.S., Ch. 638, Sec. 22.)
1882	1882	[Sections 1096.113-1096.150 reserved for expansion]
1883	1883	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1884	1884	Sec. 1096.151. BUDGET. The board shall prepare a budget
1885	1885	that includes:
1886	1886	(1) proposed expenditures and disbursements;
1887	1887	(2) estimated receipts and collections for the next
1888	1888	fiscal year; and
1889	1889	(3) the amount of taxes required to be imposed during
1890	1890	the next fiscal year to meet the proposed budget. (Acts 61st Leg.,
1891	1891	R.S., Ch. 638, Sec. 21(b).)
1892	1892	Sec. 1096.152. PROPOSED BUDGET: NOTICE AND HEARING. (a)
1893	1893	The board shall hold a public hearing on the proposed budget.
1894	1894	(b) Notice of the hearing must be published in a newspaper
1895	1895	of general circulation in the district at least once before the 10th
1896	1896	day before the date of the hearing.
1897	1897	(c) Any person who owns taxable property in the district and
1898	1898	has duly rendered that property for taxation is entitled to:
1899	1899	(1) appear at the hearing; and
1900	1900	(2) be heard regarding any item in the proposed
1901	1901	budget. (Acts 61st Leg., R.S., Ch. 638, Secs. 21(c), (d).)
1902	1902	Sec. 1096.153. FISCAL YEAR. The district's fiscal year is
1903	1903	from October 1 to September 30. (Acts 61st Leg., R.S., Ch. 638,
1904	1904	Sec. 21(a).)
1905	1905	Sec. 1096.154. ANNUAL AUDIT. (a) The board annually shall
1906	1906	require an independent audit of the district's books and records.
1907	1907	(b) Not later than December 1 of each year, the board shall
1908	1908	file a copy of the audit with:
1909	1909	(1) the comptroller; and
1910	1910	(2) the district. (Acts 61st Leg., R.S., Ch. 638, Sec.
1911	1911	20(d).)
1912	1912	Sec. 1096.155. DEPOSITORY. (a) The board by resolution
1913	1913	shall designate a bank in the county in which the district is
1914	1914	located as the district's depository. A designated bank serves for
1915	1915	two years and until a successor is designated.
1916	1916	(b) All district money shall be deposited in the depository
1917	1917	and secured in the manner provided for securing county funds. (Acts
1918	1918	61st Leg., R.S., Ch. 638, Sec. 24.)
1919	1919	Sec. 1096.156. AUTHORITY TO BORROW MONEY; SECURITY. (a)
1920	1920	The board may borrow money at a rate not to exceed the maximum
1921	1921	annual percentage rate allowed by law for district obligations at
1922	1922	the time the loan is made if the board declares that:
1923	1923	(1) money is not available to meet authorized
1924	1924	obligations of the district; and
1925	1925	(2) an emergency exists.
1926	1926	(b) To secure a loan, the board may pledge:
1927	1927	(1) district revenue that is not pledged to pay the
1928	1928	district's bonded indebtedness;
1929	1929	(2) a district tax to be imposed by the district in the
1930	1930	next 12-month period that is not pledged to pay the principal of or
1931	1931	interest on district bonds; or
1932	1932	(3) district bonds that have been authorized but not
1933	1933	sold.
1934	1934	(c) A loan for which taxes or bonds are pledged must mature
1935	1935	not later than the first anniversary of the date the loan is made. A
1936	1936	loan for which district revenue is pledged must mature not later
1937	1937	than the fifth anniversary of the date the loan is made.
1938	1938	(d) The board may not spend money obtained from a loan under
1939	1939	this section for any purpose other than:
1940	1940	(1) the purpose for which the board declared an
1941	1941	emergency; and
1942	1942	(2) if district taxes or bonds are pledged to pay the
1943	1943	loan, the purpose for which the pledged taxes were imposed or the
1944	1944	pledged bonds were authorized. (Acts 61st Leg., R.S., Ch. 638, Sec.
1945	1945	20A.)
1946	1946	Sec. 1096.157. INVESTMENT OF DISTRICT MONEY. (a) The law
1947	1947	applicable to municipalities with respect to security for and
1948	1948	investment of money governs, as applicable, the investment of
1949	1949	district money. The bond resolution or indenture may further
1950	1950	restrict the investment.
1951	1951	(b) To the extent authorized in the bond resolution or
1952	1952	indenture and until the money is needed, the district may invest the
1953	1953	proceeds of district bonds in direct obligations of or obligations
1954	1954	unconditionally guaranteed by the United States. (Acts 61st Leg.,
1955	1955	R.S., Ch. 638, Sec. 18.)
1956	1956	Sec. 1096.158. TAX EXEMPTION. Because property owned by
1957	1957	the district is held for public purposes only and is devoted
1958	1958	exclusively to the use and benefit of the public, the property is
1959	1959	exempt from taxation of every character. (Acts 61st Leg., R.S., Ch.
1960	1960	638, Sec. 16.)
1961	1961	[Sections 1096.159-1096.200 reserved for expansion]
1962	1962	SUBCHAPTER E. BONDS
1963	1963	Sec. 1096.201. REVENUE BONDS. (a) The district may issue
1964	1964	revenue bonds to provide for any district purposes. The bonds must
1965	1965	be authorized by a board resolution adopted by a majority vote of a
1966	1966	quorum of the board.
1967	1967	(b) Revenue bonds must be payable from and secured by a
1968	1968	pledge of all or part of the revenue derived from:
1969	1969	(1) the operation of the district's hospitals; and
1970	1970	(2) any other revenue resulting from the ownership of
1971	1971	the hospital properties.
1972	1972	(c) Revenue bonds may be additionally secured by a mortgage
1973	1973	or deed of trust lien on real property of the district or by a
1974	1974	chattel mortgage on the district's personal property, or by both.
1975	1975	(d) The board may issue:
1976	1976	(1) bonds that are a junior lien on the district's net
1977	1977	revenue or property, unless prohibited by the bond resolution or
1978	1978	trust indenture; and
1979	1979	(2) parity bonds under conditions specified in the
1980	1980	bond resolution or trust indenture.
1981	1981	(e) A bond issued under this subchapter must contain the
1982	1982	provision: "The holder hereof shall never have the right to demand
1983	1983	payment thereof out of money raised or to be raised by taxation."
1984	1984	(Acts 61st Leg., R.S., Ch. 638, Secs. 8, 9 (part), 11, 14 (part).)
1985	1985	Sec. 1096.202. EXECUTION OF BONDS. District bonds must be
1986	1986	signed by the president or vice president and countersigned by the
1987	1987	secretary. (Acts 61st Leg., R.S., Ch. 638, Sec. 9 (part).)
1988	1988	Sec. 1096.203. MATURITY OF BONDS. District bonds must
1989	1989	mature not later than 40 years after their date of issuance. (Acts
1990	1990	61st Leg., R.S., Ch. 638, Sec. 9 (part).)
1991	1991	Sec. 1096.204. REFUNDING BONDS. The board may issue bonds
1992	1992	for the purpose of refunding outstanding bonds in the manner
1993	1993	provided by this subchapter for other bonds. (Acts 61st Leg., R.S.,
1994	1994	Ch. 638, Sec. 13 (part).)
1995	1995	[Sections 1096.205-1096.250 reserved for expansion]
1996	1996	SUBCHAPTER F. TAXES
1997	1997	Sec. 1096.251. IMPOSITION OF AD VALOREM TAX. (a) The board
1998	1998	shall impose a tax on all property in the district subject to
1999	1999	district taxation.
2000	2000	(b) The tax proceeds may be used only to:
2001	2001	(1) provide for the operation and maintenance of the
2002	2002	district and hospital system;
2003	2003	(2) make improvements and additions to the hospital
2004	2004	system; or
2005	2005	(3) acquire sites for additions to the hospital
2006	2006	system. (Acts 61st Leg., R.S., Ch. 638, Secs. 7(a) (part), (b).)
2007	2007	Sec. 1096.252. TAX RATE. The board shall impose the tax at
2008	2008	a rate not to exceed 38 cents on each $100 valuation. (Acts 61st
2009	2009	Leg., R.S., Ch. 638, Sec. 7(a) (part).)
2010	2010	Sec. 1096.253. TAX ASSESSOR-COLLECTOR. The board may use
2011	2011	any of the following to assess and collect district taxes:
2012	2012	(1) the tax assessor-collector for Limestone County;
2013	2013	(2) the tax assessor-collector for the Groesbeck
2014	2014	Independent School District; or
2015	2015	(3) any tax assessor-collector established by the
2016	2016	board for the district. (Acts 61st Leg., R.S., Ch. 638, Sec. 7(d).)
2017	2017	CHAPTER 1107. TITUS COUNTY HOSPITAL DISTRICT
2018	2018	SUBCHAPTER A. GENERAL PROVISIONS
2019	2019	Sec. 1107.001. DEFINITIONS
2020	2020	Sec. 1107.002. AUTHORITY FOR OPERATION
2021	2021	Sec. 1107.003. DISTRICT TERRITORY
2022	2022	[Sections 1107.004-1107.050 reserved for expansion]
2023	2023	SUBCHAPTER B. DISTRICT ADMINISTRATION
2024	2024	Sec. 1107.051. BOARD ELECTION; TERM
2025	2025	Sec. 1107.052. NOTICE OF ELECTION
2026	2026	Sec. 1107.053. BALLOT PETITION
2027	2027	Sec. 1107.054. QUALIFICATIONS FOR CANDIDACY
2028	2028	Sec. 1107.055. BOARD VACANCY
2029	2029	Sec. 1107.056. NONATTENDANCE
2030	2030	Sec. 1107.057. OFFICERS
2031	2031	Sec. 1107.058. COMPENSATION
2032	2032	Sec. 1107.059. LIABILITY INSURANCE
2033	2033	Sec. 1107.060. QUORUM; VOTING REQUIREMENT
2034	2034	Sec. 1107.061. RECORDS OF PROCEEDINGS
2035	2035	Sec. 1107.062. PERSONNEL MATTERS; CLOSED MEETING
2036	2036	Sec. 1107.063. DISTRICT ADMINISTRATOR
2037	2037	Sec. 1107.064. GENERAL DUTIES OF DISTRICT
2038	2038	ADMINISTRATOR
2039	2039	Sec. 1107.065. ASSISTANT TO DISTRICT ADMINISTRATOR
2040	2040	Sec. 1107.066. APPOINTMENT AND RECRUITMENT OF STAFF
2041	2041	AND EMPLOYEES
2042	2042	Sec. 1107.067. HEALTH CARE EDUCATIONAL PROGRAMS
2043	2043	Sec. 1107.068. LEGAL COUNSEL
2044	2044	Sec. 1107.069. RETIREMENT PROGRAM
2045	2045	Sec. 1107.070. SEAL
2046	2046	[Sections 1107.071-1107.100 reserved for expansion]
2047	2047	SUBCHAPTER C. POWERS AND DUTIES
2048	2048	Sec. 1107.101. DISTRICT RESPONSIBILITY
2049	2049	Sec. 1107.102. RESTRICTION ON COUNTY OR MUNICIPALITY
2050	2050	TAXATION
2051	2051	Sec. 1107.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
2052	2052	Sec. 1107.104. RULES
2053	2053	Sec. 1107.105. PURCHASING AND ACCOUNTING
2054	2054	Sec. 1107.106. DISTRICT FACILITIES
2055	2055	Sec. 1107.107. PROMOTION OF DISTRICT SERVICES
2056	2056	Sec. 1107.108. EMINENT DOMAIN
2057	2057	Sec. 1107.109. GIFTS AND ENDOWMENTS
2058	2058	Sec. 1107.110. CONTRACTS WITH GOVERNMENTAL ENTITIES
2059	2059	FOR CARE AND TREATMENT
2060	2060	Sec. 1107.111. PAYMENT FOR TREATMENT; PROCEDURES
2061	2061	Sec. 1107.112. AUTHORITY TO SUE AND BE SUED
2062	2062	[Sections 1107.113-1107.150 reserved for expansion]
2063	2063	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2064	2064	Sec. 1107.151. BUDGET
2065	2065	Sec. 1107.152. ANNUAL AUDIT
2066	2066	Sec. 1107.153. FINANCIAL REPORT
2067	2067	Sec. 1107.154. DEPOSITORY
2068	2068	Sec. 1107.155. WARRANTS
2069	2069	[Sections 1107.156-1107.200 reserved for expansion]
2070	2070	SUBCHAPTER E. BONDS
2071	2071	Sec. 1107.201. BONDS
2072	2072	Sec. 1107.202. TAX TO PAY BONDS
2073	2073	Sec. 1107.203. BOND ELECTION
2074	2074	Sec. 1107.204. REFUNDING BONDS
2075	2075	Sec. 1107.205. EXECUTION OF BONDS
2076	2076	[Sections 1107.206-1107.250 reserved for expansion]
2077	2077	SUBCHAPTER F. TAXES
2078	2078	Sec. 1107.251. IMPOSITION OF AD VALOREM TAX
2079	2079	Sec. 1107.252. TAX RATE
2080	2080	Sec. 1107.253. COLLECTION BY COUNTY TAX
2081	2081	ASSESSOR-COLLECTOR
2082	2082	Sec. 1107.254. ASSESSMENT AND COLLECTION BY DISTRICT
2083	2083	TAX ASSESSOR-COLLECTOR
2084	2084	CHAPTER 1107. TITUS COUNTY HOSPITAL DISTRICT
2085	2085	SUBCHAPTER A. GENERAL PROVISIONS
2086	2086	Sec. 1107.001. DEFINITIONS. In this chapter:
2087	2087	(1) "Board" means the board of hospital managers of
2088	2088	the district.
2089	2089	(2) "District" means the Titus County Hospital
2090	2090	District.
2091	2091	(3) "Manager" means a member of the board. (New.)
2092	2092	Sec. 1107.002. AUTHORITY FOR OPERATION. The Titus County
2093	2093	Hospital District operates in accordance with Section 9, Article
2094	2094	IX, Texas Constitution, and has the powers and responsibilities
2095	2095	provided by that section. (Acts 58th Leg., R.S., Ch. 298, Sec. 1
2096	2096	(part).)
2097	2097	Sec. 1107.003. DISTRICT TERRITORY. The boundaries of the
2098	2098	district are coextensive with the boundaries of Titus County.
2099	2099	(Acts 58th Leg., R.S., Ch. 298, Sec. 1 (part).)
2100	2100	[Sections 1107.004-1107.050 reserved for expansion]
2101	2101	SUBCHAPTER B. DISTRICT ADMINISTRATION
2102	2102	Sec. 1107.051. BOARD ELECTION; TERM. (a) The board
2103	2103	consists of seven voting managers and one nonvoting manager as
2104	2104	follows:
2105	2105	(1) one voting manager elected from each
2106	2106	commissioners precinct of Titus County;
2107	2107	(2) three voting managers elected from the district at
2108	2108	large; and
2109	2109	(3) the chief of the medical staff of the district's
2110	2110	principal hospital serving as a nonvoting ex officio manager.
2111	2111	(b) The election order must provide for clerks as in county
2112	2112	elections and must specify:
2113	2113	(1) the date of the election;
2114	2114	(2) the location of the polling places;
2115	2115	(3) the presiding and alternate election judges for
2116	2116	each polling place; and
2117	2117	(4) the form of the ballot.
2118	2118	(c) The board shall declare the results of the election.
2119	2119	(d) Voting managers serve staggered four-year terms.
2120	2120	(e) An election shall be held on the uniform election date
2121	2121	in May, or another date authorized by law, of each even-numbered
2122	2122	year to elect the appropriate number of voting managers. (Acts 58th
2123	2123	Leg., R.S., Ch. 298, Secs. 6b(a) (part), (b), (c) (part), 6c(b);
2124	2124	Acts 71st Leg., R.S., Ch. 1116, Sec. 2.)
2125	2125	Sec. 1107.052. NOTICE OF ELECTION. (a) The board shall
2126	2126	give notice of an election of managers by publishing once a week for
2127	2127	two consecutive weeks a substantial copy of the election order in a
2128	2128	newspaper with general circulation in the district.
2129	2129	(b) The first publication of the notice must appear at least
2130	2130	30 days before the date set for the election. (Acts 58th Leg.,
2131	2131	R.S., Ch. 298, Secs. 6b(a) (part), (c) (part).)
2132	2132	Sec. 1107.053. BALLOT PETITION. A person seeking to have
2133	2133	the person's name printed on the ballot as a candidate for manager
2134	2134	must file with the board secretary a petition requesting that
2135	2135	action. The petition must:
2136	2136	(1) be signed by at least 10 registered voters who
2137	2137	reside in the district;
2138	2138	(2) be filed by the deadline imposed by Section
2139	2139	144.005, Election Code; and
2140	2140	(3) specify the commissioners precinct the candidate
2141	2141	seeks to represent or specify that the candidate seeks to represent
2142	2142	the district at large. (Acts 58th Leg., R.S., Ch. 298, Sec. 6b(c)
2143	2143	(part).)
2144	2144	Sec. 1107.054. QUALIFICATIONS FOR CANDIDACY. (a) A
2145	2145	candidate for manager must be a resident of the district.
2146	2146	(b) A candidate for a commissioners precinct must be a
2147	2147	resident of that commissioners precinct. (Acts 58th Leg., R.S.,
2148	2148	Ch. 298, Sec. 6b(c) (part).)
2149	2149	Sec. 1107.055. BOARD VACANCY. If a vacancy occurs in the
2150	2150	office of manager, other than the ex officio manager, the remaining
2151	2151	managers shall appoint a manager for the unexpired term. (Acts 58th
2152	2152	Leg., R.S., Ch. 298, Sec. 6c(f).)
2153	2153	Sec. 1107.056. NONATTENDANCE. The failure of a manager to
2154	2154	attend three consecutive regular board meetings causes a vacancy in
2155	2155	the manager's office unless the absence is excused by formal action
2156	2156	of the board. (Acts 58th Leg., R.S., Ch. 298, Sec. 6 (part).)
2157	2157	Sec. 1107.057. OFFICERS. (a) The board shall select from
2158	2158	among the managers a presiding officer, who shall preside over the
2159	2159	board.
2160	2160	(b) A presiding officer pro tem shall preside in the absence
2161	2161	of the presiding officer.
2162	2162	(c) The district administrator or any manager may be
2163	2163	appointed secretary. (Acts 58th Leg., R.S., Ch. 298, Sec. 6
2164	2164	(part).)
2165	2165	Sec. 1107.058. COMPENSATION. A manager serves without
2166	2166	compensation, but the board may establish a system and set the
2167	2167	amount of meeting fees for attending board or committee meetings.
2168	2168	(Acts 58th Leg., R.S., Ch. 298, Sec. 6 (part).)
2169	2169	Sec. 1107.059. LIABILITY INSURANCE. The board may purchase
2170	2170	and provide the managers with liability insurance the board
2171	2171	considers necessary or advisable to protect the managers from risks
2172	2172	that might result from serving on the board. (Acts 58th Leg., R.S.,
2173	2173	Ch. 298, Sec. 6 (part).)
2174	2174	Sec. 1107.060. QUORUM; VOTING REQUIREMENT. (a) Four
2175	2175	managers, not including the ex officio manager, constitute a
2176	2176	quorum.
2177	2177	(b) A concurrence of a majority of the voting managers
2178	2178	present is required in any matter relating to district business.
2179	2179	(Acts 58th Leg., R.S., Ch. 298, Sec. 6c(g).)
2180	2180	Sec. 1107.061. RECORDS OF PROCEEDINGS. (a) The board shall
2181	2181	require the secretary to keep suitable records of all proceedings
2182	2182	of each board meeting.
2183	2183	(b) After each meeting:
2184	2184	(1) the manager presiding at the meeting shall read
2185	2185	and sign the record; and
2186	2186	(2) the secretary shall attest the record. (Acts 58th
2187	2187	Leg., R.S., Ch. 298, Sec. 6 (part).)
2188	2188	Sec. 1107.062. PERSONNEL MATTERS; CLOSED MEETING. A member
2189	2189	or prospective member of the medical staff or a person who serves or
2190	2190	is being considered for a position as a medical director of services
2191	2191	or departments in the district is a public officer or employee for
2192	2192	purposes of Section 551.074, Government Code. (Acts 58th Leg.,
2193	2193	R.S., Ch. 298, Sec. 6f.)
2194	2194	Sec. 1107.063. DISTRICT ADMINISTRATOR. (a) The board
2195	2195	shall appoint under terms prescribed by the board a general manager
2196	2196	qualified by training and experience as the district administrator.
2197	2197	(b) The district administrator shall receive the
2198	2198	compensation determined by the board.
2199	2199	(c) The board may remove the district administrator at any
2200	2200	time.
2201	2201	(d) Before assuming the duties of district administrator,
2202	2202	the administrator must execute a bond payable to the district in an
2203	2203	amount of not less than $10,000 that:
2204	2204	(1) is conditioned on the administrator performing
2205	2205	well and faithfully the administrator's required duties; and
2206	2206	(2) contains any other condition the board requires.
2207	2207	(Acts 58th Leg., R.S., Ch. 298, Sec. 6 (part).)
2208	2208	Sec. 1107.064. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
2209	2209	Subject to any limitations prescribed by the board, the district
2210	2210	administrator shall:
2211	2211	(1) perform the duties required by the board;
2212	2212	(2) supervise the work and activities of the district;
2213	2213	and
2214	2214	(3) direct the affairs of the district. (Acts 58th
2215	2215	Leg., R.S., Ch. 298, Sec. 6 (part).)
2216	2216	Sec. 1107.065. ASSISTANT TO DISTRICT ADMINISTRATOR. (a)
2217	2217	The board may designate an assistant to the district administrator
2218	2218	to discharge a duty or function of the administrator in the event of
2219	2219	the administrator's incapacity, absence, or inability to discharge
2220	2220	the duty or function.
2221	2221	(b) The assistant shall post bond and is subject to the
2222	2222	limitations prescribed by board order. (Acts 58th Leg., R.S., Ch.
2223	2223	298, Sec. 8.)
2224	2224	Sec. 1107.066. APPOINTMENT AND RECRUITMENT OF STAFF AND
2225	2225	EMPLOYEES. (a) The board may employ under terms prescribed by the
2226	2226	board any employees as considered advisable for the efficient
2227	2227	operation of the hospital or hospital system.
2228	2228	(b) The board may spend district money, enter into
2229	2229	agreements, and take other necessary action to recruit physicians
2230	2230	and other persons to serve as the district's medical staff or
2231	2231	employees, including:
2232	2232	(1) advertising and marketing;
2233	2233	(2) paying travel, recruitment, and relocation
2234	2234	expenses; and
2235	2235	(3) allowing a physician to use space in a district
2236	2236	facility or paying the physician a rent subsidy until not later than
2237	2237	the first anniversary of the date the physician is first admitted to
2238	2238	the district's medical staff.
2239	2239	(c) The district may provide a loan or scholarship to a
2240	2240	person who:
2241	2241	(1) is enrolled in health care education courses; and
2242	2242	(2) contractually agrees to practice in or become
2243	2243	employed by the district. (Acts 58th Leg., R.S., Ch. 298, Secs. 6
2244	2244	(part), 6d(a), (c).)
2245	2245	Sec. 1107.067. HEALTH CARE EDUCATIONAL PROGRAMS. The board
2246	2246	may spend district money, enter into agreements, and take other
2247	2247	necessary action to conduct, participate in, or assist health care
2248	2248	educational programs for staff members or employees or potential
2249	2249	staff members or employees. (Acts 58th Leg., R.S., Ch. 298, Sec.
2250	2250	6d(b).)
2251	2251	Sec. 1107.068. LEGAL COUNSEL. (a) The appropriate county,
2252	2252	district, or criminal district attorney charged with representing
2253	2253	Titus County in civil matters shall represent the district in all
2254	2254	legal matters.
2255	2255	(b) The district shall contribute sufficient money to the
2256	2256	Titus County general fund for the account designated for the
2257	2257	appropriate attorney described in Subsection (a) to pay all
2258	2258	additional salaries and expenses incurred by the attorney in
2259	2259	performing the duties required by the district.
2260	2260	(c) The board may employ additional legal counsel the board
2261	2261	considers advisable. (Acts 58th Leg., R.S., Ch. 298, Secs. 1
2262	2262	(part), 13.)
2263	2263	Sec. 1107.069. RETIREMENT PROGRAM. The board may:
2264	2264	(1) contract with this state or the federal government
2265	2265	as necessary to establish or continue a retirement program for the
2266	2266	benefit of district employees; or
2267	2267	(2) establish other retirement programs for the
2268	2268	benefit of district employees as the board considers necessary and
2269	2269	advisable. (Acts 58th Leg., R.S., Ch. 298, Secs. 6 (part), 6c(c).)
2270	2270	Sec. 1107.070. SEAL. The board shall have a seal engraved
2271	2271	with the district's name to authenticate the acts of the board. The
2272	2272	board secretary shall keep the seal. (Acts 58th Leg., R.S., Ch.
2273	2273	298, Sec. 6 (part).)
2274	2274	[Sections 1107.071-1107.100 reserved for expansion]
2275	2275	SUBCHAPTER C. POWERS AND DUTIES
2276	2276	Sec. 1107.101. DISTRICT RESPONSIBILITY. The district has
2277	2277	full responsibility for providing medical and hospital care for the
2278	2278	district's needy and indigent residents. (Acts 58th Leg., R.S.,
2279	2279	Ch. 298, Secs. 2 (part), 14 (part).)
2280	2280	Sec. 1107.102. RESTRICTION ON COUNTY OR MUNICIPALITY
2281	2281	TAXATION. Titus County or a municipality in the county may not
2282	2282	impose a tax for hospital purposes. (Acts 58th Leg., R.S., Ch. 298,
2283	2283	Sec. 14 (part).)
2284	2284	Sec. 1107.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
2285	2285	The board shall manage, control, and administer the district's
2286	2286	hospital or hospital system. (Acts 58th Leg., R.S., Ch. 298, Sec. 6
2287	2287	(part).)
2288	2288	Sec. 1107.104. RULES. The board may adopt rules for the
2289	2289	operation of the hospital or hospital system. (Acts 58th Leg.,
2290	2290	R.S., Ch. 298, Sec. 6 (part).)
2291	2291	Sec. 1107.105. PURCHASING AND ACCOUNTING. (a) The board
2292	2292	may prescribe:
2293	2293	(1) the method and manner of making purchases and
2294	2294	expenditures by and for the district; and
2295	2295	(2) all accounting and control procedures.
2296	2296	(b) The district shall pay the salaries and expenses
2297	2297	necessarily incurred by the board or by an officer or agent of the
2298	2298	board in performing a duty prescribed or required by this chapter.
2299	2299	(c) An officer, employee, or agent of the board shall
2300	2300	perform any function or service prescribed by the board under this
2301	2301	section or Section 1107.152. (Acts 58th Leg., R.S., Ch. 298, Sec. 7
2302	2302	(part).)
2303	2303	Sec. 1107.106. DISTRICT FACILITIES. The board may:
2304	2304	(1) purchase or build facilities for medical purposes;
2305	2305	and
2306	2306	(2) rent the facilities or space in the facilities at a
2307	2307	rate sufficient to cover the district's cost. (Acts 58th Leg.,
2308	2308	R.S., Ch. 298, Sec. 6e(a).)
2309	2309	Sec. 1107.107. PROMOTION OF DISTRICT SERVICES. The board
2310	2310	may market or advertise to promote district services, the orderly
2311	2311	operation of the district, and the appropriate delivery of health
2312	2312	care in the district. (Acts 58th Leg., R.S., Ch. 298, Sec. 6e(b).)
2313	2313	Sec. 1107.108. EMINENT DOMAIN. (a) The district may
2314	2314	exercise the power of eminent domain to acquire a fee simple or
2315	2315	other interest in any type of property, real, personal, or mixed,
2316	2316	located in district territory, if the interest is necessary or
2317	2317	convenient to exercise a right, power, privilege, or function
2318	2318	conferred on the district by this chapter.
2319	2319	(b) The district must exercise the power of eminent domain
2320	2320	in the manner provided by Chapter 21, Property Code, except the
2321	2321	district is not required to deposit in the trial court money or a
2322	2322	bond as provided by Section 21.021(a), Property Code.
2323	2323	(c) In a condemnation proceeding brought by the district,
2324	2324	the district is not required to:
2325	2325	(1) pay in advance or provide a bond for the issuance
2326	2326	of a temporary restraining order or a temporary injunction; or
2327	2327	(2) provide a bond for costs or a supersedeas bond on
2328	2328	an appeal or petition for review. (Acts 58th Leg., R.S., Ch. 298,
2329	2329	Sec. 10.)
2330	2330	Sec. 1107.109. GIFTS AND ENDOWMENTS. The board may accept
2331	2331	for the district a gift or endowment to be held in trust and
2332	2332	administered by the board for the purposes and under the
2333	2333	directions, limitations, or provisions prescribed in writing by the
2334	2334	donor that are not inconsistent with the proper management and
2335	2335	objectives of the district. (Acts 58th Leg., R.S., Ch. 298, Sec.
2336	2336	16.)
2337	2337	Sec. 1107.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
2338	2338	CARE AND TREATMENT. The board may contract with:
2339	2339	(1) any county for the care and treatment of a sick or
2340	2340	injured person of that county; and
2341	2341	(2) this state or a federal agency for the care and
2342	2342	treatment of a sick or injured person for whom the state or agency
2343	2343	is responsible. (Acts 58th Leg., R.S., Ch. 298, Secs. 6 (part),
2344	2344	6c(c).)
2345	2345	Sec. 1107.111. PAYMENT FOR TREATMENT; PROCEDURES. (a)
2346	2346	When a patient from Titus County is admitted to a district facility,
2347	2347	the district administrator shall have an inquiry made into the
2348	2348	circumstances of:
2349	2349	(1) the patient; and
2350	2350	(2) the patient's relatives legally liable for the
2351	2351	patient's support.
2352	2352	(b) If the district administrator determines that the
2353	2353	patient or those relatives cannot pay for all or part of the
2354	2354	patient's care and treatment in the hospital, the amount that
2355	2355	cannot be paid becomes a charge against the district.
2356	2356	(c) If the district administrator determines that the
2357	2357	patient or those relatives can pay for all or part of the patient's
2358	2358	care and treatment, the patient or those relatives shall be ordered
2359	2359	to pay the district a specified amount each week for the patient's
2360	2360	support. The amount ordered must be proportionate to their
2361	2361	financial ability and may not exceed the actual per capita cost of
2362	2362	maintenance.
2363	2363	(d) The district administrator may collect the amount from
2364	2364	the patient's estate, or from those relatives legally liable for
2365	2365	the patient's support, in the manner provided by law for the
2366	2366	collection of expenses of the last illness of a deceased person.
2367	2367	(e) If there is a dispute as to the ability to pay, or doubt
2368	2368	in the mind of the district administrator, the county court shall
2369	2369	hold a hearing and, after calling witnesses, shall:
2370	2370	(1) resolve the dispute or doubt; and
2371	2371	(2) issue any appropriate orders.
2372	2372	(f) Either party to the dispute may appeal the order to the
2373	2373	district court. (Acts 58th Leg., R.S., Ch. 298, Sec. 15.)
2374	2374	Sec. 1107.112. AUTHORITY TO SUE AND BE SUED. The board may
2375	2375	sue and be sued. (Acts 58th Leg., R.S., Ch. 298, Sec. 6 (part).)
2376	2376	[Sections 1107.113-1107.150 reserved for expansion]
2377	2377	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2378	2378	Sec. 1107.151. BUDGET. (a) The district administrator,
2379	2379	under the direction of the board, shall prepare an annual budget.
2380	2380	(b) The budget must be approved by the board. (Acts 58th
2381	2381	Leg., R.S., Ch. 298, Sec. 9 (part).)
2382	2382	Sec. 1107.152. ANNUAL AUDIT. As soon as practicable after
2383	2383	the close of each fiscal year, the board shall have an audit made of
2384	2384	the district's books and records for the fiscal year by an
2385	2385	independent public accountant. (Acts 58th Leg., R.S., Ch. 298,
2386	2386	Sec. 7 (part).)
2387	2387	Sec. 1107.153. FINANCIAL REPORT. (a) As soon as
2388	2388	practicable after the close of each fiscal year, the district
2389	2389	administrator shall prepare a report that includes:
2390	2390	(1) a complete sworn statement of:
2391	2391	(A) all money and choses in action received by
2392	2392	the administrator; and
2393	2393	(B) how the money and choses in action were
2394	2394	disbursed or otherwise disposed; and
2395	2395	(2) the details of district operation during the
2396	2396	preceding fiscal year.
2397	2397	(b) The district administrator shall make the report to:
2398	2398	(1) the board; and
2399	2399	(2) the Titus County Commissioners Court. (Acts 58th
2400	2400	Leg., R.S., Ch. 298, Sec. 9 (part).)
2401	2401	Sec. 1107.154. DEPOSITORY. (a) After advertising in the
2402	2402	manner provided by Chapter 252 and Subchapter C, Chapter 262, Local
2403	2403	Government Code, the board shall choose by competitive bidding at
2404	2404	least one bank to serve as depository for district money.
2405	2405	(b) All income received by the district shall be deposited
2406	2406	in the district depository. (Acts 58th Leg., R.S., Ch. 298, Secs.
2407	2407	3(b) (part), 11 (part).)
2408	2408	Sec. 1107.155. WARRANTS. A warrant against district money
2409	2409	does not require the signature of the county clerk of Titus County.
2410	2410	(Acts 58th Leg., R.S., Ch. 298, Sec. 3(b) (part).)
2411	2411	[Sections 1107.156-1107.200 reserved for expansion]
2412	2412	SUBCHAPTER E. BONDS
2413	2413	Sec. 1107.201. BONDS. The board may issue and sell bonds as
2414	2414	district obligations for any purpose relating to:
2415	2415	(1) the purchase, construction, acquisition, repair,
2416	2416	or renovation of buildings and improvements; and
2417	2417	(2) equipping buildings and improvements for hospital
2418	2418	purposes. (Acts 58th Leg., R.S., Ch. 298, Secs. 4 (part), 6c(e)
2419	2419	(part).)
2420	2420	Sec. 1107.202. TAX TO PAY BONDS. (a) An ad valorem tax
2421	2421	shall be imposed at a rate sufficient to create an interest and
2422	2422	sinking fund to pay the principal of and interest on bonds issued
2423	2423	under Section 1107.201 as the bonds mature.
2424	2424	(b) The tax required by this section together with any other
2425	2425	ad valorem tax imposed for the district may not in any year exceed
2426	2426	75 cents on each $100 valuation of taxable property in the district.
2427	2427	(Acts 58th Leg., R.S., Ch. 298, Sec. 4 (part).)
2428	2428	Sec. 1107.203. BOND ELECTION. The district may issue bonds
2429	2429	only if the bonds are authorized by a majority of the district
2430	2430	voters voting at an election called by the board and held in
2431	2431	accordance with the provisions of Chapter 1251, Government Code,
2432	2432	relating to county bonds. (Acts 58th Leg., R.S., Ch. 298, Secs. 4
2433	2433	(part), 6c(e) (part).)
2434	2434	Sec. 1107.204. REFUNDING BONDS. (a) District refunding
2435	2435	bonds may be issued without an election and in the manner provided
2436	2436	by this subchapter to refund outstanding indebtedness issued or
2437	2437	assumed by the district.
2438	2438	(b) A refunding bond may be:
2439	2439	(1) sold, with the proceeds of the refunding bond
2440	2440	applied to the payment of outstanding bonds; or
2441	2441	(2) exchanged wholly or partly for not less than a
2442	2442	similar amount of outstanding bonds and the unpaid matured interest
2443	2443	on the bonds. (Acts 58th Leg., R.S., Ch. 298, Sec. 4 (part).)
2444	2444	Sec. 1107.205. EXECUTION OF BONDS. The board's presiding
2445	2445	officer shall execute the district's bonds in the district's name
2446	2446	and the board secretary shall countersign the bonds in the manner
2447	2447	provided by Chapter 618, Government Code. (Acts 58th Leg., R.S.,
2448	2448	Ch. 298, Secs. 4 (part), 6c(e) (part).)
2449	2449	[Sections 1107.206-1107.250 reserved for expansion]
2450	2450	SUBCHAPTER F. TAXES
2451	2451	Sec. 1107.251. IMPOSITION OF AD VALOREM TAX. (a) The board
2452	2452	shall impose a tax on all property in the district subject to
2453	2453	district taxation.
2454	2454	(b) The board shall impose the tax to:
2455	2455	(1) pay the interest on and create a sinking fund for
2456	2456	bonds assumed or issued by the district for hospital purposes as
2457	2457	provided by this chapter;
2458	2458	(2) provide for the operation and maintenance of the
2459	2459	hospital or hospital system; and
2460	2460	(3) make improvements and additions to the hospital
2461	2461	system and acquire necessary sites for improvements and additions
2462	2462	by purchase, lease, or condemnation. (Acts 58th Leg., R.S., Ch.
2463	2463	298, Secs. 3(a) (part), 6c(d).)
2464	2464	Sec. 1107.252. TAX RATE. The board shall impose the tax at
2465	2465	a rate not to exceed 75 cents on each $100 valuation of all property
2466	2466	in the district subject to district taxation. (Acts 58th Leg.,
2467	2467	R.S., Ch. 298, Sec. 3(a) (part).)
2468	2468	Sec. 1107.253. COLLECTION BY COUNTY TAX
2469	2469	ASSESSOR-COLLECTOR. Unless the board elects to have district taxes
2470	2470	assessed and collected by its own tax assessor-collector under
2471	2471	Section 1107.254, the tax assessor-collector of Titus County shall
2472	2472	assess and collect taxes imposed by the district. (Acts 58th Leg.,
2473	2473	R.S., Ch. 298, Sec. 3(b) (part).)
2474	2474	Sec. 1107.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX
2475	2475	ASSESSOR-COLLECTOR. (a) The board may elect to employ a tax
2476	2476	assessor-collector to assess and collect district taxes by adopting
2477	2477	an appropriate resolution before December 1 of any year. The
2478	2478	election remains in effect until revoked by a resolution adopted by
2479	2479	the board.
2480	2480	(b) The district tax assessor-collector must reside in the
2481	2481	district.
2482	2482	(c) The board shall set the term of employment and
2483	2483	compensation for the district tax assessor-collector. (Acts 58th
2484	2484	Leg., R.S., Ch. 298, Sec. 3(c) (part).)
2485	2485	CHAPTER 1109. TYLER COUNTY HOSPITAL DISTRICT
2486	2486	SUBCHAPTER A. GENERAL PROVISIONS
2487	2487	Sec. 1109.001. DEFINITIONS
2488	2488	Sec. 1109.002. AUTHORITY FOR OPERATION
2489	2489	Sec. 1109.003. ESSENTIAL PUBLIC FUNCTION
2490	2490	Sec. 1109.004. DISTRICT TERRITORY
2491	2491	[Sections 1109.005-1109.050 reserved for expansion]
2492	2492	SUBCHAPTER B. DISTRICT ADMINISTRATION
2493	2493	Sec. 1109.051. BOARD APPOINTMENT; TERM
2494	2494	Sec. 1109.052. QUALIFICATIONS FOR OFFICE
2495	2495	Sec. 1109.053. BOARD VACANCY
2496	2496	Sec. 1109.054. NONATTENDANCE
2497	2497	Sec. 1109.055. OFFICERS
2498	2498	Sec. 1109.056. COMPENSATION; EXPENSES
2499	2499	Sec. 1109.057. DISTRICT ADMINISTRATOR
2500	2500	Sec. 1109.058. GENERAL DUTIES OF DISTRICT
2501	2501	ADMINISTRATOR
2502	2502	Sec. 1109.059. ASSISTANT DISTRICT ADMINISTRATOR;
2503	2503	ATTORNEY
2504	2504	Sec. 1109.060. APPOINTMENT AND REMOVAL OF STAFF AND
2505	2505	EMPLOYEES
2506	2506	Sec. 1109.061. RETIREMENT BENEFITS
2507	2507	Sec. 1109.062. SEAL
2508	2508	[Sections 1109.063-1109.100 reserved for expansion]
2509	2509	SUBCHAPTER C. POWERS AND DUTIES
2510	2510	Sec. 1109.101. DISTRICT RESPONSIBILITY
2511	2511	Sec. 1109.102. RESTRICTION ON COUNTY OR MUNICIPALITY
2512	2512	TAXATION
2513	2513	Sec. 1109.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
2514	2514	Sec. 1109.104. HOSPITAL OR HOSPITAL SYSTEM
2515	2515	Sec. 1109.105. RULES
2516	2516	Sec. 1109.106. PURCHASING AND ACCOUNTING
2517	2517	Sec. 1109.107. DISTRICT PROPERTY, FACILITIES, AND
2518	2518	EQUIPMENT
2519	2519	Sec. 1109.108. EMINENT DOMAIN
2520	2520	Sec. 1109.109. GIFTS AND ENDOWMENTS
2521	2521	Sec. 1109.110. CONSTRUCTION CONTRACTS
2522	2522	Sec. 1109.111. OPERATING AND MANAGEMENT CONTRACTS
2523	2523	Sec. 1109.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
2524	2524	FOR CARE AND TREATMENT
2525	2525	Sec. 1109.113. PAYMENT FOR TREATMENT; PROCEDURES
2526	2526	Sec. 1109.114. REIMBURSEMENT FOR SERVICES
2527	2527	Sec. 1109.115. AUTHORITY TO SUE AND BE SUED
2528	2528	[Sections 1109.116-1109.150 reserved for expansion]
2529	2529	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2530	2530	Sec. 1109.151. BUDGET
2531	2531	Sec. 1109.152. NOTICE; HEARING; ADOPTION OF BUDGET
2532	2532	Sec. 1109.153. AMENDMENTS TO BUDGET
2533	2533	Sec. 1109.154. FISCAL YEAR
2534	2534	Sec. 1109.155. ANNUAL AUDIT
2535	2535	Sec. 1109.156. FINANCIAL REPORT
2536	2536	Sec. 1109.157. DEPOSITORY
2537	2537	Sec. 1109.158. INVESTMENTS
2538	2538	Sec. 1109.159. AUTHORITY TO BORROW MONEY; SECURITY
2539	2539	[Sections 1109.160-1109.200 reserved for expansion]
2540	2540	SUBCHAPTER E. BONDS
2541	2541	Sec. 1109.201. GENERAL OBLIGATION BONDS
2542	2542	Sec. 1109.202. TAX TO PAY GENERAL OBLIGATION BONDS
2543	2543	Sec. 1109.203. GENERAL OBLIGATION BOND ELECTION
2544	2544	Sec. 1109.204. EXECUTION OF GENERAL OBLIGATION BONDS
2545	2545	Sec. 1109.205. REVENUE BONDS
2546	2546	Sec. 1109.206. REFUNDING BONDS
2547	2547	Sec. 1109.207. MATURITY OF BONDS
2548	2548	Sec. 1109.208. EXECUTION OF BONDS
2549	2549	Sec. 1109.209. BONDS EXEMPT FROM TAXATION
2550	2550	[Sections 1109.210-1109.250 reserved for expansion]
2551	2551	SUBCHAPTER F. TAXES
2552	2552	Sec. 1109.251. IMPOSITION OF AD VALOREM TAX
2553	2553	Sec. 1109.252. TAX RATE
2554	2554	Sec. 1109.253. TAX ASSESSOR-COLLECTOR
2555	2555	[Sections 1109.254-1109.300 reserved for expansion]
2556	2556	SUBCHAPTER G. DISSOLUTION
2557	2557	Sec. 1109.301. DISSOLUTION; ELECTION
2558	2558	Sec. 1109.302. NOTICE OF ELECTION
2559	2559	Sec. 1109.303. BALLOT
2560	2560	Sec. 1109.304. ELECTION RESULTS
2561	2561	Sec. 1109.305. TRANSFER OR ADMINISTRATION OF ASSETS
2562	2562	Sec. 1109.306. SALE OR TRANSFER OF ASSETS AND
2563	2563	LIABILITIES
2564	2564	Sec. 1109.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
2565	2565	TAXES
2566	2566	Sec. 1109.308. REPORT; DISSOLUTION ORDER
2567	2567	CHAPTER 1109. TYLER COUNTY HOSPITAL DISTRICT
2568	2568	SUBCHAPTER A. GENERAL PROVISIONS
2569	2569	Sec. 1109.001. DEFINITIONS. In this chapter:
2570	2570	(1) "Board" means the board of hospital managers of
2571	2571	the district.
2572	2572	(2) "Commissioners court" means the Commissioners
2573	2573	Court of Tyler County.
2574	2574	(3) "District" means the Tyler County Hospital
2575	2575	District.
2576	2576	(4) "Manager" means a member of the board. (New.)
2577	2577	Sec. 1109.002. AUTHORITY FOR OPERATION. The Tyler County
2578	2578	Hospital District operates in accordance with Section 9, Article
2579	2579	IX, Texas Constitution, and has the powers and responsibilities
2580	2580	provided by that section. (Acts 58th Leg., R.S., Ch. 110, Sec. 1
2581	2581	(part).)
2582	2582	Sec. 1109.003. ESSENTIAL PUBLIC FUNCTION. The district is
2583	2583	a public entity performing an essential public function. (Acts
2584	2584	58th Leg., R.S., Ch. 110, Sec. 4(e) (part).)
2585	2585	Sec. 1109.004. DISTRICT TERRITORY. The boundaries of the
2586	2586	district are coextensive with the boundaries of Tyler County.
2587	2587	(Acts 58th Leg., R.S., Ch. 110, Sec. 1 (part).)
2588	2588	[Sections 1109.005-1109.050 reserved for expansion]
2589	2589	SUBCHAPTER B. DISTRICT ADMINISTRATION
2590	2590	Sec. 1109.051. BOARD APPOINTMENT; TERM. (a) The board
2591	2591	consists of:
2592	2592	(1) six managers appointed by the commissioners court;
2593	2593	and
2594	2594	(2) the county judge of Tyler County as an ex officio
2595	2595	manager.
2596	2596	(b) Appointed managers serve two-year terms. The terms may
2597	2597	overlap. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(a) (part).)
2598	2598	Sec. 1109.052. QUALIFICATIONS FOR OFFICE. (a) To serve as
2599	2599	a manager, a person must be a resident and qualified voter of the
2600	2600	district.
2601	2601	(b) A district employee may not serve as a manager. (Acts
2602	2602	58th Leg., R.S., Ch. 110, Sec. 6(a) (part).)
2603	2603	Sec. 1109.053. BOARD VACANCY. The commissioners court
2604	2604	shall fill a vacancy on the board by appointment. (Acts 58th Leg.,
2605	2605	R.S., Ch. 110, Sec. 6(a) (part).)
2606	2606	Sec. 1109.054. NONATTENDANCE. The failure of a manager to
2607	2607	attend three consecutive regular board meetings causes a vacancy in
2608	2608	the manager's office unless the absence is excused by formal action
2609	2609	of the board. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(a) (part).)
2610	2610	Sec. 1109.055. OFFICERS. (a) The board shall elect from
2611	2611	among its members a president, who shall preside, and a vice
2612	2612	president, who shall preside in the president's absence.
2613	2613	(b) The board shall appoint a secretary, who need not be a
2614	2614	manager.
2615	2615	(c) Each officer serves a one-year term.
2616	2616	(d) The board shall fill a vacancy in a board office for the
2617	2617	unexpired term. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(h) (part).)
2618	2618	Sec. 1109.056. COMPENSATION; EXPENSES. A manager serves
2619	2619	without compensation but may be reimbursed for actual and necessary
2620	2620	travel and other expenses incurred in the performance of the
2621	2621	manager's duties as determined by the board. The reimbursed
2622	2622	expenses must be reported in the district's records. (Acts 58th
2623	2623	Leg., R.S., Ch. 110, Sec. 6(a) (part).)
2624	2624	Sec. 1109.057. DISTRICT ADMINISTRATOR. (a) The board may
2625	2625	appoint a person qualified by training and experience as district
2626	2626	administrator.
2627	2627	(b) The district administrator serves at the will of the
2628	2628	board and receives compensation as may be determined by the board.
2629	2629	(c) The board may require the district administrator,
2630	2630	before assuming the administrator's duties, to execute a bond
2631	2631	payable to the district in an amount set by the board of not less
2632	2632	than $5,000 that:
2633	2633	(1) is conditioned on the faithful performance of the
2634	2634	administrator's duties; and
2635	2635	(2) contains other conditions the board may require.
2636	2636	(Acts 58th Leg., R.S., Ch. 110, Sec. 6(b) (part).)
2637	2637	Sec. 1109.058. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
2638	2638	Subject to any limitations prescribed by the board, the district
2639	2639	administrator shall:
2640	2640	(1) perform the duties required by the board;
2641	2641	(2) supervise the work and activities of the district;
2642	2642	and
2643	2643	(3) direct the affairs of the district. (Acts 58th
2644	2644	Leg., R.S., Ch. 110, Sec. 6(b) (part).)
2645	2645	Sec. 1109.059. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY.
2646	2646	(a) The board may appoint an assistant district administrator and
2647	2647	an attorney.
2648	2648	(b) The assistant district administrator and the attorney
2649	2649	serve at the will of the board and receive compensation as may be
2650	2650	determined by the board. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(b)
2651	2651	(part).)
2652	2652	Sec. 1109.060. APPOINTMENT AND REMOVAL OF STAFF AND
2653	2653	EMPLOYEES. (a) The board may appoint to and remove from the staff
2654	2654	any doctors and employ any other employees considered advisable for
2655	2655	the efficient operation of the district's hospital or hospital
2656	2656	system.
2657	2657	(b) The board may delegate to the district administrator the
2658	2658	authority to hire employees.
2659	2659	(c) The board may spend district money to recruit
2660	2660	physicians, nurses, and other trained medical personnel. The board
2661	2661	may pay the tuition or other expenses of a full-time medical student
2662	2662	or other student in a health occupation who:
2663	2663	(1) is enrolled in and is in good standing at an
2664	2664	accredited medical school, college, or university; and
2665	2665	(2) contractually agrees to become a district employee
2666	2666	or independent contractor in return for that assistance. (Acts
2667	2667	58th Leg., R.S., Ch. 110, Secs. 6(c), (d) (part).)
2668	2668	Sec. 1109.061. RETIREMENT BENEFITS. The board may provide
2669	2669	retirement benefits for district employees by:
2670	2670	(1) establishing or administering a retirement
2671	2671	program; or
2672	2672	(2) participating in:
2673	2673	(A) the Texas County and District Retirement
2674	2674	System; or
2675	2675	(B) another statewide retirement system in which
2676	2676	the district is eligible to participate. (Acts 58th Leg., R.S., Ch.
2677	2677	110, Sec. 6(d) (part).)
2678	2678	Sec. 1109.062. SEAL. The board shall have a seal engraved
2679	2679	with the district's name to authenticate the acts of the board. The
2680	2680	board secretary shall keep the seal. (Acts 58th Leg., R.S., Ch.
2681	2681	110, Sec. 6(h) (part).)
2682	2682	[Sections 1109.063-1109.100 reserved for expansion]
2683	2683	SUBCHAPTER C. POWERS AND DUTIES
2684	2684	Sec. 1109.101. DISTRICT RESPONSIBILITY. The district has
2685	2685	full responsibility for providing medical and hospital care for the
2686	2686	district's needy and indigent residents. (Acts 58th Leg., R.S.,
2687	2687	Ch. 110, Secs. 2 (part), 14 (part).)
2688	2688	Sec. 1109.102. RESTRICTION ON COUNTY OR MUNICIPALITY
2689	2689	TAXATION. Tyler County or a municipality in the county may not
2690	2690	impose a tax for hospital purposes. (Acts 58th Leg., R.S., Ch. 110,
2691	2691	Secs. 1 (part), 14 (part).)
2692	2692	Sec. 1109.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
2693	2693	The board shall manage, control, and administer:
2694	2694	(1) the district's hospital or hospital system; and
2695	2695	(2) the district's business, funds, and resources.
2696	2696	(Acts 58th Leg., R.S., Ch. 110, Sec. 6(a) (part).)
2697	2697	Sec. 1109.104. HOSPITAL OR HOSPITAL SYSTEM. (a) The
2698	2698	district shall provide for the establishment, administration,
2699	2699	maintenance, operation, and financing of a hospital or hospital
2700	2700	system in the district.
2701	2701	(b) The district may provide any services or facilities
2702	2702	necessary for hospital or medical care, including:
2703	2703	(1) rural health clinics;
2704	2704	(2) outpatient clinics;
2705	2705	(3) nursing homes;
2706	2706	(4) home health care agencies;
2707	2707	(5) extended care facilities;
2708	2708	(6) assisted living or personal care facilities; and
2709	2709	(7) retirement, housing, and medical office
2710	2710	buildings. (Acts 58th Leg., R.S., Ch. 110, Sec. 2 (part).)
2711	2711	Sec. 1109.105. RULES. The board may adopt rules for the
2712	2712	operation of the hospital or hospital system. (Acts 58th Leg.,
2713	2713	R.S., Ch. 110, Sec. 6(a) (part).)
2714	2714	Sec. 1109.106. PURCHASING AND ACCOUNTING. (a) The board
2715	2715	may prescribe:
2716	2716	(1) the method and manner of making purchases and
2717	2717	expenditures by and for the district; and
2718	2718	(2) all accounting and control procedures.
2719	2719	(b) The district shall pay the salaries and expenses
2720	2720	necessarily incurred by the board or by an officer or agent of the
2721	2721	board in performing a duty prescribed or required by this section or
2722	2722	Section 1109.155.
2723	2723	(c) An officer, employee, or agent of the board shall
2724	2724	perform any function or service prescribed by the board under this
2725	2725	section or Section 1109.155. (Acts 58th Leg., R.S., Ch. 110, Sec. 7
2726	2726	(part).)
2727	2727	Sec. 1109.107. DISTRICT PROPERTY, FACILITIES, AND
2728	2728	EQUIPMENT. (a) The board shall determine:
2729	2729	(1) the type, number, and location of buildings
2730	2730	required to maintain an adequate hospital system; and
2731	2731	(2) the type of equipment necessary for hospital care.
2732	2732	(b) The board may:
2733	2733	(1) acquire by purchase or lease property, including
2734	2734	facilities and equipment, for the district to use in the hospital
2735	2735	system; and
2736	2736	(2) mortgage or pledge the property as security for
2737	2737	the payment of the purchase price.
2738	2738	(c) The board may lease district hospital facilities to or
2739	2739	from individuals, companies, corporations, or other legal
2740	2740	entities.
2741	2741	(d) The board may sell or otherwise dispose of property,
2742	2742	including facilities and equipment. (Acts 58th Leg., R.S., Ch.
2743	2743	110, Sec. 6(e) (part).)
2744	2744	Sec. 1109.108. EMINENT DOMAIN. (a) The district may
2745	2745	exercise the power of eminent domain to acquire a fee simple or
2746	2746	other interest in any type of property, real, personal, or mixed,
2747	2747	located in district territory, if the interest is necessary or
2748	2748	convenient to exercise a right, power, privilege, or function
2749	2749	conferred on the district by this chapter.
2750	2750	(b) The district must exercise the power of eminent domain
2751	2751	in the manner provided by Chapter 21, Property Code, except the
2752	2752	district is not required to deposit in the trial court money or a
2753	2753	bond as required by Section 21.021(a), Property Code.
2754	2754	(c) In a condemnation proceeding brought by the district,
2755	2755	the district is not required to:
2756	2756	(1) pay in advance or provide a bond for the issuance
2757	2757	of a temporary restraining order or a temporary injunction; or
2758	2758	(2) provide a bond for costs or a supersedeas bond on
2759	2759	an appeal or petition for review. (Acts 58th Leg., R.S., Ch. 110,
2760	2760	Sec. 10.)
2761	2761	Sec. 1109.109. GIFTS AND ENDOWMENTS. The board may accept
2762	2762	for the district a gift or endowment to be held in trust and
2763	2763	administered by the board for the purposes and under the
2764	2764	directions, limitations, or provisions prescribed in writing by the
2765	2765	donor that are not inconsistent with the proper management and
2766	2766	objectives of the district. (Acts 58th Leg., R.S., Ch. 110, Sec.
2767	2767	16.)
2768	2768	Sec. 1109.110. CONSTRUCTION CONTRACTS. The board may enter
2769	2769	into construction contracts for the district. (Acts 58th Leg.,
2770	2770	R.S., Ch. 110, Sec. 6(e) (part).)
2771	2771	Sec. 1109.111. OPERATING AND MANAGEMENT CONTRACTS. The
2772	2772	board may enter into an operating or management contract relating
2773	2773	to a hospital facility. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(e)
2774	2774	(part).)
2775	2775	Sec. 1109.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
2776	2776	CARE AND TREATMENT. The board, with the approval of the
2777	2777	commissioners court, may contract with:
2778	2778	(1) any county for the care and treatment of a sick or
2779	2779	injured person of that county; and
2780	2780	(2) this state or a federal agency for the care and
2781	2781	treatment of a sick or injured person for whom the state or agency
2782	2782	is responsible. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(g) (part).)
2783	2783	Sec. 1109.113. PAYMENT FOR TREATMENT; PROCEDURES. (a)
2784	2784	When a patient who resides in the district is admitted to a district
2785	2785	facility, the district administrator shall have an inquiry made
2786	2786	into the financial circumstances of:
2787	2787	(1) the patient; and
2788	2788	(2) the patient's relatives legally responsible for
2789	2789	the patient's support.
2790	2790	(b) The district without charge shall provide to a patient
2791	2791	who resides in the district the care and treatment for which the
2792	2792	patient or those relatives cannot pay.
2793	2793	(c) If the district administrator determines that the
2794	2794	patient or those relatives cannot pay for all or part of the
2795	2795	patient's care and treatment in the hospital, the amount of the
2796	2796	costs that cannot be paid becomes a charge against the district.
2797	2797	(d) If the district administrator determines that the
2798	2798	patient or those relatives can pay for all or part of the care and
2799	2799	treatment provided by the district, the district administrator
2800	2800	shall report that determination to the board, and the board shall
2801	2801	issue an order directing the patient or those relatives to pay the
2802	2802	district a specified amount each week for the patient's support.
2803	2803	The amount ordered must be proportionate to the person's financial
2804	2804	ability and may not exceed the actual per capita cost of
2805	2805	maintenance.
2806	2806	(e) The district administrator may collect the amount from
2807	2807	the patient's estate, or from any relative legally responsible for
2808	2808	the patient's support, in the manner provided by law for the
2809	2809	collection of expenses of the last illness of a deceased person.
2810	2810	(f) If there is a dispute as to the ability to pay, or doubt
2811	2811	in the mind of the district administrator concerning the ability to
2812	2812	pay, the county court shall hold a hearing and, after calling
2813	2813	witnesses, shall:
2814	2814	(1) resolve the dispute or doubt; and
2815	2815	(2) issue any appropriate order.
2816	2816	(g) Either party to the dispute may appeal the order to the
2817	2817	district court. (Acts 58th Leg., R.S., Ch. 110, Secs. 15(a) (part),
2818	2818	(b).)
2819	2819	Sec. 1109.114. REIMBURSEMENT FOR SERVICES. (a) The board
2820	2820	shall require a county, municipality, or public hospital located
2821	2821	outside the district to reimburse the district for the district's
2822	2822	care or treatment of a sick or injured person for whom that county,
2823	2823	municipality, or public hospital has an obligation to provide care,
2824	2824	as provided by Chapter 61, Health and Safety Code.
2825	2825	(b) The board shall seek reimbursement under Article
2826	2826	104.002, Code of Criminal Procedure, for the district's care or
2827	2827	treatment of a person who is confined in a Tyler County jail
2828	2828	facility and is not a district resident. (Acts 58th Leg., R.S., Ch.
2829	2829	110, Sec. 6(g) (part).)
2830	2830	Sec. 1109.115. AUTHORITY TO SUE AND BE SUED. The board may
2831	2831	sue and be sued. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(a) (part).)
2832	2832	[Sections 1109.116-1109.150 reserved for expansion]
2833	2833	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2834	2834	Sec. 1109.151. BUDGET. (a) The district administrator,
2835	2835	under the direction of the board, shall prepare a proposed annual
2836	2836	budget.
2837	2837	(b) The budget must be approved by the board. (Acts 58th
2838	2838	Leg., R.S., Ch. 110, Sec. 9(b) (part).)
2839	2839	Sec. 1109.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a)
2840	2840	The board shall publish notice of a public hearing on the proposed
2841	2841	annual budget. The notice must be published in a newspaper of
2842	2842	general circulation in the district one time before the 10th day
2843	2843	before the date of the hearing.
2844	2844	(b) The board shall adopt a budget by acting on the budget
2845	2845	proposed by the district administrator.
2846	2846	(c) The budget is effective only after adoption by the
2847	2847	board. (Acts 58th Leg., R.S., Ch. 110, Sec. 9(b) (part).)
2848	2848	Sec. 1109.153. AMENDMENTS TO BUDGET. The budget may be
2849	2849	amended on the board's approval. (Acts 58th Leg., R.S., Ch. 110,
2850	2850	Sec. 9(b) (part).)
2851	2851	Sec. 1109.154. FISCAL YEAR. (a) The district operates
2852	2852	according to a fiscal year established by the board.
2853	2853	(b) The fiscal year may not be changed:
2854	2854	(1) when revenue bonds are outstanding; or
2855	2855	(2) more than once in a 24-month period. (Acts 58th
2856	2856	Leg., R.S., Ch. 110, Sec. 8.)
2857	2857	Sec. 1109.155. ANNUAL AUDIT. As soon as practicable after
2858	2858	the close of each fiscal year, the board shall have an audit made of
2859	2859	the district's financial condition for the fiscal year by an
2860	2860	independent public accountant. (Acts 58th Leg., R.S., Ch. 110,
2861	2861	Sec. 7 (part).)
2862	2862	Sec. 1109.156. FINANCIAL REPORT. (a) As soon as
2863	2863	practicable after the close of each fiscal year, the district
2864	2864	administrator shall prepare a report that includes:
2865	2865	(1) a complete sworn statement of:
2866	2866	(A) all money and choses in action received by
2867	2867	the administrator; and
2868	2868	(B) how the money and choses in action were
2869	2869	disbursed or otherwise disposed; and
2870	2870	(2) the details of district operation during the
2871	2871	preceding fiscal year.
2872	2872	(b) The district administrator shall make the report to:
2873	2873	(1) the board; and
2874	2874	(2) the commissioners court. (Acts 58th Leg., R.S.,
2875	2875	Ch. 110, Sec. 9(a).)
2876	2876	Sec. 1109.157. DEPOSITORY. Every two years, the board
2877	2877	shall select a depository for the district to secure all district
2878	2878	money in the manner provided for securing county funds. (Acts 58th
2879	2879	Leg., R.S., Ch. 110, Sec. 11 (part).)
2880	2880	Sec. 1109.158. INVESTMENTS. The board may purchase, sell,
2881	2881	and invest district funds in investments authorized by Chapter
2882	2882	2256, Government Code. (Acts 58th Leg., R.S., Ch. 110, Sec. 11
2883	2883	(part).)
2884	2884	Sec. 1109.159. AUTHORITY TO BORROW MONEY; SECURITY. (a)
2885	2885	The board may borrow money at a rate not to exceed the maximum
2886	2886	annual percentage rate allowed by law for district obligations at
2887	2887	the time the loan is made if the board declares that:
2888	2888	(1) money is not available to meet authorized
2889	2889	obligations of the district; and
2890	2890	(2) an emergency exists.
2891	2891	(b) To secure a loan, the board may pledge:
2892	2892	(1) district revenue that is not pledged to pay the
2893	2893	district's bonded indebtedness;
2894	2894	(2) a district tax to be imposed by the district in the
2895	2895	next 12-month period that is not pledged to pay the principal of or
2896	2896	interest on district bonds; or
2897	2897	(3) a district bond that has been authorized but not
2898	2898	sold.
2899	2899	(c) A loan for which taxes or bonds are pledged must mature
2900	2900	not later than the first anniversary of the date the loan is made. A
2901	2901	loan for which district revenue is pledged must mature not later
2902	2902	than the fifth anniversary of the date the loan is made.
2903	2903	(d) The board may not spend money obtained from a loan under
2904	2904	this section for any purpose other than:
2905	2905	(1) the purpose for which the board declared an
2906	2906	emergency; and
2907	2907	(2) if district taxes or bonds are pledged to pay the
2908	2908	loan, the purposes for which the taxes were imposed or the bonds
2909	2909	were authorized. (Acts 58th Leg., R.S., Ch. 110, Sec. 21.)
2910	2910	[Sections 1109.160-1109.200 reserved for expansion]
2911	2911	SUBCHAPTER E. BONDS
2912	2912	Sec. 1109.201. GENERAL OBLIGATION BONDS. The commissioners
2913	2913	court may issue and sell general obligation bonds of the district
2914	2914	for any purpose relating to:
2915	2915	(1) purchasing, constructing, acquiring, repairing,
2916	2916	or renovating buildings and improvements;
2917	2917	(2) equipping buildings and improvements;
2918	2918	(3) acquiring or operating a mobile emergency medical
2919	2919	service; and
2920	2920	(4) hospital purposes. (Acts 58th Leg., R.S., Ch.
2921	2921	110, Sec. 4(a) (part).)
2922	2922	Sec. 1109.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) An
2923	2923	ad valorem tax shall be imposed at a rate sufficient to create an
2924	2924	interest and sinking fund to pay the principal of and interest on
2925	2925	bonds issued under Section 1109.201 as the bonds mature.
2926	2926	(b) The tax required by this section together with any other
2927	2927	ad valorem tax imposed for the district may not in any year exceed
2928	2928	75 cents on each $100 valuation of all taxable property in the
2929	2929	district. (Acts 58th Leg., R.S., Ch. 110, Sec. 4(a) (part).)
2930	2930	Sec. 1109.203. GENERAL OBLIGATION BOND ELECTION. (a) The
2931	2931	district may issue general obligation bonds only if the bonds are
2932	2932	authorized by a majority of the district voters voting at an
2933	2933	election held in accordance with the provisions of Chapter 1251,
2934	2934	Government Code, relating to county bonds.
2935	2935	(b) The commissioners court:
2936	2936	(1) may call the election on its own motion; or
2937	2937	(2) shall call the election at the request of the
2938	2938	board.
2939	2939	(c) The cost of the bond election is a charge on the
2940	2940	district, and the district must provide for the payment of the bond
2941	2941	election costs before the commissioners court is required to order
2942	2942	an election. (Acts 58th Leg., R.S., Ch. 110, Sec. 4(a) (part).)
2943	2943	Sec. 1109.204. EXECUTION OF GENERAL OBLIGATION BONDS. (a)
2944	2944	The county judge of Tyler County shall execute the general
2945	2945	obligation bonds in the district's name.
2946	2946	(b) The county clerk of Tyler County shall countersign the
2947	2947	bonds. (Acts 58th Leg., R.S., Ch. 110, Sec. 4(a) (part).)
2948	2948	Sec. 1109.205. REVENUE BONDS. (a) The district may issue
2949	2949	revenue bonds to:
2950	2950	(1) purchase, construct, acquire, repair, or renovate
2951	2951	buildings and improvements;
2952	2952	(2) equip buildings and improvements for the hospital
2953	2953	or hospital system;
2954	2954	(3) acquire sites to be used for hospital purposes; or
2955	2955	(4) acquire and operate a mobile emergency medical
2956	2956	service to assist the district in carrying out its purposes.
2957	2957	(b) The bonds must be payable from and secured by a pledge of
2958	2958	all or part of the revenue derived from the operation of the
2959	2959	district's hospital system.
2960	2960	(c) The bonds may be additionally secured by a mortgage or
2961	2961	deed of trust lien on all or part of the district property.
2962	2962	(d) The district shall issue revenue bonds in the manner
2963	2963	provided by Sections 264.042, 264.043, 264.046, 264.047, 264.048,
2964	2964	and 264.049, Health and Safety Code. (Acts 58th Leg., R.S., Ch.
2965	2965	110, Sec. 4(c).)
2966	2966	Sec. 1109.206. REFUNDING BONDS. (a) The district may,
2967	2967	without an election, issue refunding bonds to refund any bonds
2968	2968	issued or assumed by the district.
2969	2969	(b) A refunding bond may be:
2970	2970	(1) sold, with the proceeds of the refunding bond
2971	2971	applied to the payment of the outstanding bonds; or
2972	2972	(2) exchanged wholly or partly for not less than a
2973	2973	similar principal amount of the outstanding bonds. (Acts 58th
2974	2974	Leg., R.S., Ch. 110, Secs. 4(a) (part), (b) (part).)
2975	2975	Sec. 1109.207. MATURITY OF BONDS. District bonds must
2976	2976	mature not later than 40 years after the date of issuance. (Acts
2977	2977	58th Leg., R.S., Ch. 110, Sec. 4(g) (part).)
2978	2978	Sec. 1109.208. EXECUTION OF BONDS. The board president
2979	2979	shall execute district bonds in the district's name, and the board
2980	2980	secretary shall countersign the bonds in the manner provided by
2981	2981	Chapter 618, Government Code. (Acts 58th Leg., R.S., Ch. 110, Sec.
2982	2982	4(d).)
2983	2983	Sec. 1109.209. BONDS EXEMPT FROM TAXATION. The following
2984	2984	are exempt from taxation by this state or a political subdivision of
2985	2985	this state:
2986	2986	(1) bonds issued by the district;
2987	2987	(2) any transaction relating to the bonds; and
2988	2988	(3) profits made in the sale of the bonds. (Acts 58th
2989	2989	Leg., R.S., Ch. 110, Sec. 4(e) (part).)
2990	2990	[Sections 1109.210-1109.250 reserved for expansion]
2991	2991	SUBCHAPTER F. TAXES
2992	2992	Sec. 1109.251. IMPOSITION OF AD VALOREM TAX. (a) The
2993	2993	commissioners court shall impose a tax for the benefit of the
2994	2994	district on all property in the district subject to district
2995	2995	taxation.
2996	2996	(b) The commissioners court shall impose the tax to:
2997	2997	(1) pay the interest on and create a sinking fund for
2998	2998	general obligation bonds assumed or issued by the district for
2999	2999	hospital purposes as provided by this chapter;
3000	3000	(2) provide for the operation and maintenance of the
3001	3001	hospital or hospital system; and
3002	3002	(3) when requested by the board and approved by the
3003	3003	commissioners court, make improvements and additions to the
3004	3004	hospital system, and acquire necessary sites for the hospital
3005	3005	system by purchase, lease, or condemnation.
3006	3006	(c) The district may not impose a tax to pay the principal of
3007	3007	or interest on revenue bonds. (Acts 58th Leg., R.S., Ch. 110, Secs.
3008	3008	3 (part), 4(f) (part).)
3009	3009	Sec. 1109.252. TAX RATE. The commissioners court shall
3010	3010	impose the tax at a rate not to exceed 75 cents on each $100
3011	3011	valuation of all taxable property in the district. (Acts 58th Leg.,
3012	3012	R.S., Ch. 110, Sec. 3 (part).)
3013	3013	Sec. 1109.253. TAX ASSESSOR-COLLECTOR. The board may
3014	3014	provide for the appointment of a tax assessor-collector for the
3015	3015	district or may contract for the assessment and collection of taxes
3016	3016	as provided by the Tax Code. (Acts 58th Leg., R.S., Ch. 110, Sec.
3017	3017	4(f) (part).)
3018	3018	[Sections 1109.254-1109.300 reserved for expansion]
3019	3019	SUBCHAPTER G. DISSOLUTION
3020	3020	Sec. 1109.301. DISSOLUTION; ELECTION. (a) The district
3021	3021	may be dissolved only on approval of a majority of the district
3022	3022	voters voting in an election held for that purpose.
3023	3023	(b) The board may order an election on the question of
3024	3024	dissolving the district and disposing of the district's assets and
3025	3025	obligations.
3026	3026	(c) The board shall order an election if the board receives
3027	3027	a petition requesting an election that is signed by at least 15
3028	3028	percent of the registered district voters.
3029	3029	(d) The order calling the election must state:
3030	3030	(1) the nature of the election, including the
3031	3031	proposition to appear on the ballot;
3032	3032	(2) the date of the election;
3033	3033	(3) the hours during which the polls will be open; and
3034	3034	(4) the location of the polling places.
3035	3035	(e) Section 41.001(a), Election Code, does not apply to an
3036	3036	election ordered under this section. (Acts 58th Leg., R.S., Ch.
3037	3037	110, Secs. 22(a), (b) (part).)
3038	3038	Sec. 1109.302. NOTICE OF ELECTION. (a) The board shall
3039	3039	give notice of an election under this subchapter by publishing once
3040	3040	a week for two consecutive weeks a copy of the election order in a
3041	3041	newspaper with general circulation in the district.
3042	3042	(b) The first publication of notice must appear before the
3043	3043	35th day before the date set for the election. (Acts 58th Leg.,
3044	3044	R.S., Ch. 110, Sec. 22(c) (part).)
3045	3045	Sec. 1109.303. BALLOT. The ballot for an election under
3046	3046	this subchapter must be printed to permit voting for or against the
3047	3047	proposition: "The dissolution of the Tyler County Hospital
3048	3048	District." (Acts 58th Leg., R.S., Ch. 110, Sec. 22(c) (part).)
3049	3049	Sec. 1109.304. ELECTION RESULTS. (a) If a majority of the
3050	3050	district voters favor dissolution, the board shall find that the
3051	3051	district is dissolved.
3052	3052	(b) If the board finds that the election results do not
3053	3053	favor the proposition to dissolve the district, another dissolution
3054	3054	election may not be held before the first anniversary of the date of
3055	3055	the most recent election to dissolve the district. (Acts 58th Leg.,
3056	3056	R.S., Ch. 110, Secs. 22(d) (part), (g).)
3057	3057	Sec. 1109.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a)
3058	3058	If a majority of the district voters favor dissolution, the board
3059	3059	shall:
3060	3060	(1) transfer the land, buildings, improvements,
3061	3061	equipment, and other assets that belong to the district to Tyler
3062	3062	County or another governmental entity in Tyler County; or
3063	3063	(2) administer the property, assets, and debts until
3064	3064	all money has been disposed of and all district debts have been paid
3065	3065	or settled.
3066	3066	(b) If the board makes the transfer under Subsection (a)(1),
3067	3067	the county or entity assumes all debts and obligations of the
3068	3068	district at the time of the transfer, and the district is dissolved.
3069	3069	(Acts 58th Leg., R.S., Ch. 110, Secs. 22(d) (part), (f).)
3070	3070	Sec. 1109.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES.
3071	3071	(a) Notwithstanding any other provision of this subchapter, the
3072	3072	district may not be dissolved unless the board provides for the sale
3073	3073	or transfer of the district's assets and liabilities to another
3074	3074	person.
3075	3075	(b) The dissolution of the district and the sale or transfer
3076	3076	of the district's assets or liabilities may not:
3077	3077	(1) contravene a trust indenture or bond resolution
3078	3078	relating to the district's outstanding bonds; or
3079	3079	(2) diminish or impair the rights of a holder of an
3080	3080	outstanding bond, warrant, or other obligation of the district.
3081	3081	(c) The sale or transfer of the district's assets and
3082	3082	liabilities must satisfy the debt and bond obligations of the
3083	3083	district in a manner that protects the interests of district
3084	3084	residents, including the residents' collective property rights in
3085	3085	the district's assets.
3086	3086	(d) The district may transfer or dispose of the district's
3087	3087	assets only for due compensation, unless the transfer is made to
3088	3088	another governmental agency embracing the district and using the
3089	3089	transferred assets for the benefit of residents formerly in the
3090	3090	district.
3091	3091	(e) A grant from federal funds is an obligation to be repaid
3092	3092	in satisfaction. (Acts 58th Leg., R.S., Ch. 110, Secs. 22(k), (l).)
3093	3093	Sec. 1109.307. IMPOSITION OF TAX AND RETURN OF SURPLUS
3094	3094	TAXES. (a) After the board finds that the district is dissolved,
3095	3095	the board shall:
3096	3096	(1) determine the debt owed by the district; and
3097	3097	(2) impose on the property included in the district's
3098	3098	tax roll a tax that is in proportion of the debt to the property
3099	3099	value.
3100	3100	(b) On the payment of all outstanding debts and obligations
3101	3101	of the district, the board shall order the board secretary to return
3102	3102	to each district taxpayer the taxpayer's pro rata share of all
3103	3103	unused tax money.
3104	3104	(c) A taxpayer may request that the taxpayer's share of
3105	3105	surplus tax money be credited to the taxpayer's county taxes. If a
3106	3106	taxpayer requests the credit, the board shall direct the board
3107	3107	secretary to transmit the money to the Tyler County tax
3108	3108	assessor-collector. (Acts 58th Leg., R.S., Ch. 110, Secs. 22(e),
3109	3109	(h).)
3110	3110	Sec. 1109.308. REPORT; DISSOLUTION ORDER. (a) After the
3111	3111	district has paid all district debts and has disposed of all
3112	3112	district money and other assets as prescribed by this subchapter,
3113	3113	the board shall file a written report with the commissioners court
3114	3114	summarizing the board's actions in dissolving the district.
3115	3115	(b) Not later than the 10th day after the date the
3116	3116	commissioners court receives the report and determines that the
3117	3117	requirements of this subchapter have been fulfilled, the
3118	3118	commissioners court shall enter an order:
3119	3119	(1) dissolving the district; and
3120	3120	(2) disbanding and releasing the board from any
3121	3121	further duty or obligation. (Acts 58th Leg., R.S., Ch. 110, Secs.
3122	3122	22(i), (j).)
3123	3123	CHAPTER 1110. VAL VERDE COUNTY HOSPITAL DISTRICT
3124	3124	SUBCHAPTER A. GENERAL PROVISIONS
3125	3125	Sec. 1110.001. DEFINITIONS
3126	3126	Sec. 1110.002. AUTHORITY FOR OPERATION
3127	3127	Sec. 1110.003. ESSENTIAL PUBLIC FUNCTION
3128	3128	Sec. 1110.004. DISTRICT TERRITORY
3129	3129	Sec. 1110.005. CORRECTION OF INVALID PROCEDURES
3130	3130	Sec. 1110.006. DISTRICT SUPPORT AND MAINTENANCE NOT
3131	3131	STATE OBLIGATION
3132	3132	Sec. 1110.007. RESTRICTION ON STATE FINANCIAL
3133	3133	ASSISTANCE
3134	3134	[Sections 1110.008-1110.050 reserved for expansion]
3135	3135	SUBCHAPTER B. DISTRICT ADMINISTRATION
3136	3136	Sec. 1110.051. BOARD ELECTION; TERM
3137	3137	Sec. 1110.052. QUALIFICATIONS FOR OFFICE
3138	3138	Sec. 1110.053. EX OFFICIO DIRECTOR
3139	3139	Sec. 1110.054. BALLOT PETITION
3140	3140	Sec. 1110.055. NOTICE OF ELECTION
3141	3141	Sec. 1110.056. BOARD VACANCY
3142	3142	Sec. 1110.057. OFFICERS
3143	3143	Sec. 1110.058. COMPENSATION
3144	3144	Sec. 1110.059. BOND; RECORD OF BOND AND OATH
3145	3145	Sec. 1110.060. VOTING REQUIREMENT
3146	3146	Sec. 1110.061. BOARD MEETINGS
3147	3147	Sec. 1110.062. DISTRICT ADMINISTRATOR; ASSISTANT
3148	3148	ADMINISTRATOR
3149	3149	Sec. 1110.063. GENERAL DUTIES OF DISTRICT
3150	3150	ADMINISTRATOR
3151	3151	Sec. 1110.064. APPOINTMENT OF STAFF AND EMPLOYEES
3152	3152	Sec. 1110.065. SENIORITY; RETIREMENT BENEFITS
3153	3153	[Sections 1110.066-1110.100 reserved for expansion]
3154	3154	SUBCHAPTER C. POWERS AND DUTIES
3155	3155	Sec. 1110.101. DISTRICT RESPONSIBILITY
3156	3156	Sec. 1110.102. RESTRICTION ON POLITICAL SUBDIVISION
3157	3157	TAXATION AND DEBT
3158	3158	Sec. 1110.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
3159	3159	Sec. 1110.104. HOSPITAL SYSTEM
3160	3160	Sec. 1110.105. RULES
3161	3161	Sec. 1110.106. PURCHASING AND ACCOUNTING
3162	3162	Sec. 1110.107. OPERATING, MANAGEMENT, OR CONSULTING
3163	3163	CONTRACTS
3164	3164	Sec. 1110.108. DISTRICT PROPERTY, FACILITIES, AND
3165	3165	EQUIPMENT
3166	3166	Sec. 1110.109. GIFTS AND ENDOWMENTS
3167	3167	Sec. 1110.110. CONSTRUCTION AND PURCHASE CONTRACTS
3168	3168	Sec. 1110.111. CONTRACTS WITH GOVERNMENTAL ENTITIES
3169	3169	FOR CARE AND TREATMENT
3170	3170	Sec. 1110.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
3171	3171	FOR INVESTIGATORY OR OTHER SERVICES
3172	3172	Sec. 1110.113. PAYMENT FOR TREATMENT; PROCEDURES
3173	3173	Sec. 1110.114. FEE SCHEDULE FOR OUT-OF-DISTRICT
3174	3174	RESIDENTS
3175	3175	Sec. 1110.115. AUTHORITY TO SUE AND BE SUED
3176	3176	[Sections 1110.116-1110.150 reserved for expansion]
3177	3177	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3178	3178	Sec. 1110.151. BUDGET
3179	3179	Sec. 1110.152. PROPOSED BUDGET: NOTICE AND HEARING;
3180	3180	APPROVAL OF BUDGET
3181	3181	Sec. 1110.153. AMENDMENTS TO BUDGET
3182	3182	Sec. 1110.154. RESTRICTION ON EXPENDITURES
3183	3183	Sec. 1110.155. FISCAL YEAR
3184	3184	Sec. 1110.156. ANNUAL AUDIT
3185	3185	Sec. 1110.157. INSPECTION OF AUDIT AND DISTRICT
3186	3186	RECORDS
3187	3187	Sec. 1110.158. FINANCIAL REPORT
3188	3188	Sec. 1110.159. DEPOSITORY
3189	3189	Sec. 1110.160. SPENDING AND INVESTMENT RESTRICTIONS
3190	3190	[Sections 1110.161-1110.200 reserved for expansion]
3191	3191	SUBCHAPTER E. BONDS
3192	3192	Sec. 1110.201. GENERAL OBLIGATION BONDS
3193	3193	Sec. 1110.202. TAX TO PAY GENERAL OBLIGATION BONDS
3194	3194	Sec. 1110.203. GENERAL OBLIGATION BOND ELECTION
3195	3195	Sec. 1110.204. REVENUE BONDS
3196	3196	Sec. 1110.205. REFUNDING BONDS
3197	3197	Sec. 1110.206. MATURITY OF BONDS
3198	3198	Sec. 1110.207. EXECUTION OF BONDS
3199	3199	Sec. 1110.208. BONDS EXEMPT FROM TAXATION
3200	3200	[Sections 1110.209-1110.250 reserved for expansion]
3201	3201	SUBCHAPTER F. TAXES
3202	3202	Sec. 1110.251. IMPOSITION OF AD VALOREM TAX
3203	3203	Sec. 1110.252. TAX RATE
3204	3204	CHAPTER 1110. VAL VERDE COUNTY HOSPITAL DISTRICT
3205	3205	SUBCHAPTER A. GENERAL PROVISIONS
3206	3206	Sec. 1110.001. DEFINITIONS. In this chapter:
3207	3207	(1) "Board" means the board of directors of the
3208	3208	district.
3209	3209	(2) "Director" means a member of the board.
3210	3210	(3) "District" means the Val Verde County Hospital
3211	3211	District. (New.)
3212	3212	Sec. 1110.002. AUTHORITY FOR OPERATION. The Val Verde
3213	3213	County Hospital District operates in accordance with Section 9,
3214	3214	Article IX, Texas Constitution, and has the rights, powers, and
3215	3215	duties provided by that section and this chapter. (Acts 64th Leg.,
3216	3216	R.S., Ch. 658, Sec. 1 (part).)
3217	3217	Sec. 1110.003. ESSENTIAL PUBLIC FUNCTION. The district
3218	3218	performs an essential public function in carrying out the purposes
3219	3219	of this chapter. (Acts 64th Leg., R.S., Ch. 658, Sec. 21 (part).)
3220	3220	Sec. 1110.004. DISTRICT TERRITORY. The boundaries of the
3221	3221	district are coextensive with the boundaries of Val Verde County,
3222	3222	Texas. (Acts 64th Leg., R.S., Ch. 658, Sec. 1 (part).)
3223	3223	Sec. 1110.005. CORRECTION OF INVALID PROCEDURES. If a
3224	3224	court holds that any procedure under this chapter violates the
3225	3225	constitution of this state or of the United States, the district by
3226	3226	resolution may provide an alternative procedure that conforms with
3227	3227	the constitution. (Acts 64th Leg., R.S., Ch. 658, Sec. 23 (part).)
3228	3228	Sec. 1110.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
3229	3229	OBLIGATION. The support and maintenance of the district may not
3230	3230	become a charge against or obligation of this state. (Acts 64th
3231	3231	Leg., R.S., Ch. 658, Sec. 20 (part).)
3232	3232	Sec. 1110.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
3233	3233	The legislature may not make a direct appropriation for the
3234	3234	construction, maintenance, or improvement of a district facility.
3235	3235	(Acts 64th Leg., R.S., Ch. 658, Sec. 20 (part).)
3236	3236	[Sections 1110.008-1110.050 reserved for expansion]
3237	3237	SUBCHAPTER B. DISTRICT ADMINISTRATION
3238	3238	Sec. 1110.051. BOARD ELECTION; TERM. (a) The board
3239	3239	consists of seven directors elected as follows:
3240	3240	(1) one director elected from each county
3241	3241	commissioners precinct; and
3242	3242	(2) three directors elected from the district at
3243	3243	large.
3244	3244	(b) A district voter may vote on the directors to be elected
3245	3245	at large and on the director to be elected from the precinct in
3246	3246	which the voter resides.
3247	3247	(c) On the May uniform election date of each even-numbered
3248	3248	year or another date authorized by law, the appropriate number of
3249	3249	directors shall be elected.
3250	3250	(d) Directors serve staggered four-year terms. (Acts 64th
3251	3251	Leg., R.S., Ch. 658, Secs. 4(a) (part), (c) (part).)
3252	3252	Sec. 1110.052. QUALIFICATIONS FOR OFFICE. (a) A person may
3253	3253	not be elected or appointed as a director unless the person is:
3254	3254	(1) at least 18 years of age at the time of the
3255	3255	appointment or election;
3256	3256	(2) a resident of the district; and
3257	3257	(3) a qualified voter.
3258	3258	(b) A director who represents a county commissioners
3259	3259	precinct must be a resident of that precinct. (Acts 64th Leg.,
3260	3260	R.S., Ch. 658, Sec. 4(a) (part).)
3261	3261	Sec. 1110.053. EX OFFICIO DIRECTOR. The chief of staff may
3262	3262	serve as an ex officio director without the right to vote as a
3263	3263	director. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(a) (part).)
3264	3264	Sec. 1110.054. BALLOT PETITION. A person who wants to have
3265	3265	the person's name printed on the ballot as a candidate for director
3266	3266	must file with the board secretary a petition requesting that
3267	3267	action. The petition must be:
3268	3268	(1) signed by at least 10 registered voters; and
3269	3269	(2) filed by the deadline imposed by Section 144.005,
3270	3270	Election Code. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(c) (part).)
3271	3271	Sec. 1110.055. NOTICE OF ELECTION. At least 10 days before
3272	3272	the date of a directors' election, notice of the election shall be
3273	3273	published one time in a newspaper of general circulation in Val
3274	3274	Verde County. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(c) (part).)
3275	3275	Sec. 1110.056. BOARD VACANCY. (a) If a vacancy occurs in
3276	3276	the office of director, the remaining directors shall appoint a
3277	3277	director for the unexpired term.
3278	3278	(b) If the number of directors is reduced to fewer than four
3279	3279	for any reason, the remaining directors shall immediately call a
3280	3280	special election to fill the vacancies. If the remaining directors
3281	3281	do not call the election, a district court, on application of a
3282	3282	district voter or taxpayer, may order the directors to hold the
3283	3283	election. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(b) (part).)
3284	3284	Sec. 1110.057. OFFICERS. The board shall elect from among
3285	3285	its members a president and secretary. (Acts 64th Leg., R.S., Ch.
3286	3286	658, Sec. 4(b) (part).)
3287	3287	Sec. 1110.058. COMPENSATION. A director serves without
3288	3288	compensation. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(a) (part).)
3289	3289	Sec. 1110.059. BOND; RECORD OF BOND AND OATH. (a) Each
3290	3290	director shall execute a good and sufficient bond for $1,000 that
3291	3291	is:
3292	3292	(1) payable to the district; and
3293	3293	(2) conditioned on the faithful performance of the
3294	3294	director's duties.
3295	3295	(b) Each director's bond and constitutional oath of office
3296	3296	must be deposited with the district's depository bank for
3297	3297	safekeeping. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(a) (part).)
3298	3298	Sec. 1110.060. VOTING REQUIREMENT. A concurrence of four
3299	3299	directors is sufficient in any matter relating to district
3300	3300	business. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(b) (part).)
3301	3301	Sec. 1110.061. BOARD MEETINGS. (a) A board meeting may be
3302	3302	called by the president or any four directors.
3303	3303	(b) Notice of the time and place of a board meeting must be
3304	3304	given to each director at least 72 hours before the time of the
3305	3305	meeting. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(b) (part).)
3306	3306	Sec. 1110.062. DISTRICT ADMINISTRATOR; ASSISTANT
3307	3307	ADMINISTRATOR. (a) The board may appoint a qualified person as
3308	3308	district administrator.
3309	3309	(b) The board may appoint an assistant administrator.
3310	3310	(c) The administrator and assistant administrator, if any,
3311	3311	serve at the will of the board and shall receive the compensation
3312	3312	determined by the board.
3313	3313	(d) On assuming the duties of district administrator, the
3314	3314	administrator shall execute a bond payable to the district in an
3315	3315	amount set by the board of not less than $5,000 that:
3316	3316	(1) is conditioned on the administrator performing the
3317	3317	administrator's duties; and
3318	3318	(2) contains any other condition the board requires.
3319	3319	(Acts 64th Leg., R.S., Ch. 658, Sec. 6 (part).)
3320	3320	Sec. 1110.063. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
3321	3321	Subject to any limitations prescribed by the board, the district
3322	3322	administrator shall:
3323	3323	(1) supervise the work and activities of the district;
3324	3324	and
3325	3325	(2) direct the affairs of the district. (Acts 64th
3326	3326	Leg., R.S., Ch. 658, Sec. 6 (part).)
3327	3327	Sec. 1110.064. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
3328	3328	board may appoint to the staff any doctors the board considers
3329	3329	necessary for the efficient operation of the district and may make
3330	3330	temporary appointments as warranted.
3331	3331	(b) The district may employ fiscal agents, accountants,
3332	3332	architects, and attorneys as the board considers proper.
3333	3333	(c) The board may delegate to the district administrator the
3334	3334	authority to employ technicians, nurses, and district employees.
3335	3335	(Acts 64th Leg., R.S., Ch. 658, Secs. 6 (part), 15.)
3336	3336	Sec. 1110.065. SENIORITY; RETIREMENT BENEFITS. The board
3337	3337	may:
3338	3338	(1) adopt rules relating to the seniority of district
3339	3339	employees, including rules for a retirement plan based on
3340	3340	seniority; and
3341	3341	(2) give effect to previous years of service for those
3342	3342	employees continuously employed in the operation or management of
3343	3343	hospital facilities:
3344	3344	(A) constructed by the district; or
3345	3345	(B) acquired by the district, including
3346	3346	facilities acquired when the district was created because of former
3347	3347	Section 2, Chapter 658, Acts of the 64th Legislature, Regular
3348	3348	Session, 1975. (Acts 64th Leg., R.S., Ch. 658, Sec. 6 (part).)
3349	3349	[Sections 1110.066-1110.100 reserved for expansion]
3350	3350	SUBCHAPTER C. POWERS AND DUTIES
3351	3351	Sec. 1110.101. DISTRICT RESPONSIBILITY. The district has
3352	3352	full responsibility for providing hospital care for the district's
3353	3353	indigent residents. (Acts 64th Leg., R.S., Ch. 658, Sec. 19
3354	3354	(part).)
3355	3355	Sec. 1110.102. RESTRICTION ON POLITICAL SUBDIVISION
3356	3356	TAXATION AND DEBT. A political subdivision located within the
3357	3357	district may not impose a tax or issue bonds or other obligations
3358	3358	for hospital purposes or to provide medical care. (Acts 64th Leg.,
3359	3359	R.S., Ch. 658, Sec. 19 (part).)
3360	3360	Sec. 1110.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
3361	3361	The board shall manage, control, and administer the hospital system
3362	3362	and all the district's money and resources. (Acts 64th Leg., R.S.,
3363	3363	Ch. 658, Sec. 6 (part).)
3364	3364	Sec. 1110.104. HOSPITAL SYSTEM. The district shall provide
3365	3365	for:
3366	3366	(1) the establishment of a hospital system by:
3367	3367	(A) purchasing, constructing, acquiring,
3368	3368	repairing, or renovating buildings and equipment; and
3369	3369	(B) equipping the buildings; and
3370	3370	(2) the administration of the hospital system for
3371	3371	hospital purposes. (Acts 64th Leg., R.S., Ch. 658, Sec. 2 (part).)
3372	3372	Sec. 1110.105. RULES. The board may adopt rules governing
3373	3373	the operation of the hospital, the hospital system, and the
3374	3374	district's staff and employees. (Acts 64th Leg., R.S., Ch. 658,
3375	3375	Sec. 6 (part).)
3376	3376	Sec. 1110.106. PURCHASING AND ACCOUNTING. The board may
3377	3377	prescribe:
3378	3378	(1) the method and manner of making purchases and
3379	3379	expenditures by and for the district; and
3380	3380	(2) all accounting and control procedures. (Acts 64th
3381	3381	Leg., R.S., Ch. 658, Sec. 11(a).)
3382	3382	Sec. 1110.107. OPERATING, MANAGEMENT, OR CONSULTING
3383	3383	CONTRACTS. (a) The board may enter into an operating, management,
3384	3384	or consulting contract with respect to all or part of the district's
3385	3385	facilities. The contract must provide that the board retains
3386	3386	responsibility for and control of the district's operation.
3387	3387	(b) A company providing services to the district under the
3388	3388	contract, and the officers, directors, and employees of the
3389	3389	company, while performing services under the contract for benefit
3390	3390	of the district:
3391	3391	(1) are employees of the district solely for purposes
3392	3392	of the immunity or liability of the company and the company's
3393	3393	officers, directors, and employees; and
3394	3394	(2) have immunity or limited liability under laws
3395	3395	applicable to district employees, whether statutory or common law,
3396	3396	to the extent a district employee would be entitled to immunity or
3397	3397	limited liability under the same circumstances. (Acts 64th Leg.,
3398	3398	R.S., Ch. 658, Sec. 10(a).)
3399	3399	Sec. 1110.108. DISTRICT PROPERTY, FACILITIES, AND
3400	3400	EQUIPMENT. (a) The board may lease all or part of the district's
3401	3401	property, including facilities or equipment, on terms the board
3402	3402	considers to be in the best interest of the district's residents.
3403	3403	The term of the lease may not exceed 25 years from the date entered.
3404	3404	(b) The board may:
3405	3405	(1) lease or acquire property, including facilities or
3406	3406	equipment, for the use of the district; and
3407	3407	(2) mortgage or pledge the property as security for
3408	3408	the payment of the purchase price.
3409	3409	(c) The board may sell or otherwise dispose of property,
3410	3410	including facilities or equipment, for the district. Sale or other
3411	3411	disposal under this subsection must be at a public sale and at a
3412	3412	price and on terms the board determines are most advantageous to the
3413	3413	district.
3414	3414	(d) The board may donate to another governmental entity or
3415	3415	to a charitable organization any surplus personal property or
3416	3416	equipment if the donation serves a public purpose and is
3417	3417	accompanied by adequate consideration. (Acts 64th Leg., R.S., Ch.
3418	3418	658, Secs. 10(b), (c), (d), 11(c) (part).)
3419	3419	Sec. 1110.109. GIFTS AND ENDOWMENTS. The board may accept
3420	3420	for the district a gift or endowment to be held in trust and
3421	3421	administered by the board for the purposes and under the
3422	3422	directions, limitations, and other provisions prescribed in
3423	3423	writing by the donor that are not inconsistent with the proper
3424	3424	management and objectives of the district. (Acts 64th Leg., R.S.,
3425	3425	Ch. 658, Sec. 18 (part).)
3426	3426	Sec. 1110.110. CONSTRUCTION AND PURCHASE CONTRACTS. (a) A
3427	3427	construction contract that involves the expenditure of more than
3428	3428	$50,000 shall be procured in the manner provided by Subchapter B,
3429	3429	Chapter 271, Local Government Code.
3430	3430	(b) A contract for a purchase that involves the expenditure
3431	3431	of more than $50,000, other than a contract subject to Subchapter B,
3432	3432	Chapter 271, Local Government Code, or Chapter 2253, Government
3433	3433	Code, shall be procured in the manner provided by Subchapter C,
3434	3434	Chapter 262, Local Government Code.
3435	3435	(c) The provisions of Chapter 2253, Government Code,
3436	3436	relating to performance and payment bonds, apply to construction
3437	3437	contracts let by the district. (Acts 64th Leg., R.S., Ch. 658, Sec.
3438	3438	11(b).)
3439	3439	Sec. 1110.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
3440	3440	CARE AND TREATMENT. The board may contract with:
3441	3441	(1) any county or municipality located outside the
3442	3442	district's boundaries for the care and treatment of a sick or
3443	3443	injured person of that county or municipality; and
3444	3444	(2) this state or a federal agency for the treatment of
3445	3445	a sick or injured person. (Acts 64th Leg., R.S., Ch. 658, Sec. 6
3446	3446	(part).)
3447	3447	Sec. 1110.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
3448	3448	INVESTIGATORY OR OTHER SERVICES. The board may contract with a
3449	3449	political subdivision or governmental agency for the district to
3450	3450	provide investigatory or other services as to the hospital or
3451	3451	welfare needs of district inhabitants. (Acts 64th Leg., R.S., Ch.
3452	3452	658, Sec. 6 (part).)
3453	3453	Sec. 1110.113. PAYMENT FOR TREATMENT; PROCEDURES. (a)
3454	3454	When a patient who resides in the district is admitted to a district
3455	3455	facility, the district administrator may have an inquiry made into
3456	3456	the circumstances of:
3457	3457	(1) the patient; and
3458	3458	(2) the patient's relatives legally liable for the
3459	3459	patient's support.
3460	3460	(b) If the district administrator determines that the
3461	3461	patient or those relatives cannot pay for all or part of the
3462	3462	patient's care and treatment in the hospital, the amount that
3463	3463	cannot be paid becomes a charge against the district.
3464	3464	(c) If the district administrator determines that the
3465	3465	patient or those relatives can pay for all or part of the patient's
3466	3466	care and treatment, the patient or those relatives shall be ordered
3467	3467	to pay the district a specified amount each week for the patient's
3468	3468	care and support. The amount ordered must be proportionate to their
3469	3469	financial ability.
3470	3470	(d) The district administrator may collect the amount from
3471	3471	the patient's estate, or from those relatives legally liable for
3472	3472	the patient's support, in the manner provided by law for the
3473	3473	collection of expenses of the last illness of a deceased person.
3474	3474	(e) If there is a dispute as to the ability to pay, or doubt
3475	3475	in the mind of the district administrator, the board shall hold a
3476	3476	hearing and, after calling witnesses, shall:
3477	3477	(1) resolve the dispute or doubt; and
3478	3478	(2) issue any appropriate orders.
3479	3479	(f) A final order of the board may be appealed to the
3480	3480	district court. The substantial evidence rule applies to the
3481	3481	appeal. (Acts 64th Leg., R.S., Ch. 658, Sec. 16.)
3482	3482	Sec. 1110.114. FEE SCHEDULE FOR OUT-OF-DISTRICT RESIDENTS.
3483	3483	The board may adopt a fee schedule for services rendered to
3484	3484	out-of-district residents which may be different from the fee
3485	3485	schedule for services rendered to district residents. (Acts 64th
3486	3486	Leg., R.S., Ch. 658, Sec. 17.)
3487	3487	Sec. 1110.115. AUTHORITY TO SUE AND BE SUED. (a) The
3488	3488	district, through the board, may sue and be sued.
3489	3489	(b) The district is entitled to all causes of action and
3490	3490	defenses to which similar authorities performing only governmental
3491	3491	functions are entitled. (Acts 64th Leg., R.S., Ch. 658, Sec. 6
3492	3492	(part).)
3493	3493	[Sections 1110.116-1110.150 reserved for expansion]
3494	3494	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3495	3495	Sec. 1110.151. BUDGET. (a) The district administrator
3496	3496	shall prepare an annual budget for approval by the board.
3497	3497	(b) The proposed budget must contain a complete financial
3498	3498	statement of:
3499	3499	(1) the outstanding obligations of the district;
3500	3500	(2) the cash on hand to the credit of each district
3501	3501	fund;
3502	3502	(3) the money received by the district from all
3503	3503	sources during the previous year;
3504	3504	(4) the money available to the district from all
3505	3505	sources during the ensuing year;
3506	3506	(5) the balances expected at the end of the year in
3507	3507	which the budget is being prepared;
3508	3508	(6) the estimated revenue and balances available to
3509	3509	cover the proposed budget;
3510	3510	(7) the estimated tax rate required; and
3511	3511	(8) the proposed expenditures and disbursements and
3512	3512	the estimated receipts and collections for the following fiscal
3513	3513	year. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).)
3514	3514	Sec. 1110.152. PROPOSED BUDGET: NOTICE AND HEARING;
3515	3515	APPROVAL OF BUDGET. (a) The board shall hold a public hearing on
3516	3516	the proposed annual budget.
3517	3517	(b) At least 10 days before the date of the hearing, notice
3518	3518	of the hearing shall be published one time in a newspaper or
3519	3519	newspapers that individually or collectively provide general
3520	3520	circulation in the district.
3521	3521	(c) Any property tax payer of the district is entitled to be
3522	3522	present and participate at the hearing in accordance with the rules
3523	3523	of decorum and procedures prescribed by the board.
3524	3524	(d) At the conclusion of the hearing, the board shall act on
3525	3525	the budget proposed by the district administrator. The board may
3526	3526	make any changes in the proposed budget that the board judges the
3527	3527	law warrants and the interests of the taxpayers demand. The board
3528	3528	must approve the annual budget. (Acts 64th Leg., R.S., Ch. 658, Sec.
3529	3529	7 (part).)
3530	3530	Sec. 1110.153. AMENDMENTS TO BUDGET. The annual budget may
3531	3531	be amended as required by circumstances. The board must approve all
3532	3532	amendments. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).)
3533	3533	Sec. 1110.154. RESTRICTION ON EXPENDITURES. Money may be
3534	3534	spent only for an expense included in the budget or an amendment to
3535	3535	the budget. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).)
3536	3536	Sec. 1110.155. FISCAL YEAR. (a) The district operates
3537	3537	according to a fiscal year established by the board.
3538	3538	(b) The fiscal year may not be changed more than once in any
3539	3539	24-month period. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).)
3540	3540	Sec. 1110.156. ANNUAL AUDIT. (a) The board annually shall
3541	3541	have an independent audit made of the district's financial
3542	3542	condition for the fiscal year.
3543	3543	(b) As soon as the audit is completed, the audit shall be
3544	3544	filed at the district's office. (Acts 64th Leg., R.S., Ch. 658,
3545	3545	Sec. 7 (part).)
3546	3546	Sec. 1110.157. INSPECTION OF AUDIT AND DISTRICT RECORDS.
3547	3547	The audit and other district records shall be open to inspection at
3548	3548	the district's principal office. (Acts 64th Leg., R.S., Ch. 658,
3549	3549	Sec. 7 (part).)
3550	3550	Sec. 1110.158. FINANCIAL REPORT. As soon as practicable
3551	3551	after the close of each fiscal year, the district administrator
3552	3552	shall prepare for the board:
3553	3553	(1) a complete sworn statement of all district money;
3554	3554	and
3555	3555	(2) a complete account of the disbursement of that
3556	3556	money. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).)
3557	3557	Sec. 1110.159. DEPOSITORY. (a) The board shall select one
3558	3558	or more banks inside or outside the district to serve as a
3559	3559	depository for district money.
3560	3560	(b) District money, other than money invested as provided by
3561	3561	Section 1110.160(b) and money transmitted to a bank for payment of
3562	3562	bonds or obligations issued or assumed by the district, shall be
3563	3563	deposited as received with the depository bank and shall remain on
3564	3564	deposit.
3565	3565	(c) This chapter, including Subsection (b), does not limit
3566	3566	the power of the board to:
3567	3567	(1) place a part of district money on time deposit; or
3568	3568	(2) purchase certificates of deposit. (Acts 64th
3569	3569	Leg., R.S., Ch. 658, Sec. 12.)
3570	3570	Sec. 1110.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
3571	3571	Except as otherwise provided by Section 1110.108(b) and Sections
3572	3572	1110.201-1110.207, the district may not incur an obligation payable
3573	3573	from district revenue other than the revenue on hand or to be on
3574	3574	hand in the current and following district fiscal years.
3575	3575	(b) The board may invest operating, depreciation, or
3576	3576	building fund reserves only in funds or securities specified by
3577	3577	Chapter 2256, Government Code. (Acts 64th Leg., R.S., Ch. 658,
3578	3578	Secs. 6 (part), 11(c) (part).)
3579	3579	[Sections 1110.161-1110.200 reserved for expansion]
3580	3580	SUBCHAPTER E. BONDS
3581	3581	Sec. 1110.201. GENERAL OBLIGATION BONDS. The board may
3582	3582	issue and sell general obligation bonds in the name and on the faith
3583	3583	and credit of the district for any purpose relating to:
3584	3584	(1) constructing, acquiring, repairing, or renovating
3585	3585	buildings and improvements; and
3586	3586	(2) equipping buildings and improvements for hospital
3587	3587	purposes. (Acts 64th Leg., R.S., Ch. 658, Sec. 8 (part).)
3588	3588	Sec. 1110.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
3589	3589	the time general obligation bonds are issued by the district under
3590	3590	Section 1110.201, the board shall impose an ad valorem tax at a rate
3591	3591	sufficient to create an interest and sinking fund to pay the
3592	3592	principal of and interest on the bonds as the bonds mature.
3593	3593	(b) The tax required by this section together with any other
3594	3594	ad valorem tax the district imposes may not in any year exceed the
3595	3595	tax rate approved by the voters at the election authorizing the
3596	3596	imposition of the tax. (Acts 64th Leg., R.S., Ch. 658, Sec. 8
3597	3597	(part).)
3598	3598	Sec. 1110.203. GENERAL OBLIGATION BOND ELECTION. (a) The
3599	3599	district may issue general obligation bonds only if the bonds are
3600	3600	authorized by a majority of the district voters voting at an
3601	3601	election held for that purpose.
3602	3602	(b) The order calling the bond election must provide for
3603	3603	clerks as in county elections and must specify:
3604	3604	(1) the date of the election;
3605	3605	(2) the location of the polling places;
3606	3606	(3) the presiding and alternate election judges for
3607	3607	each polling place;
3608	3608	(4) the amount of the bonds to be authorized;
3609	3609	(5) the maximum interest rate of the bonds; and
3610	3610	(6) the maximum maturity of the bonds.
3611	3611	(c) Notice of a bond election shall be given as provided by
3612	3612	Section 1251.003, Government Code. (Acts 64th Leg., R.S., Ch. 658,
3613	3613	Sec. 8 (part).)
3614	3614	Sec. 1110.204. REVENUE BONDS. (a) The board may issue
3615	3615	revenue bonds to purchase, construct, acquire, repair, renovate,
3616	3616	or equip buildings and improvements for hospital purposes.
3617	3617	(b) The bonds must be payable from and secured by a pledge of
3618	3618	all or part of the district revenue derived from the operation of
3619	3619	the district's hospitals.
3620	3620	(c) The bonds may be additionally secured by a mortgage or
3621	3621	deed of trust lien on all or part of district property.
3622	3622	(d) The bonds must be issued in the manner and in accordance
3623	3623	with the procedures and requirements prescribed by Sections
3624	3624	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
3625	3625	and Safety Code, for issuance of revenue bonds by a county hospital
3626	3626	authority. (Acts 64th Leg., R.S., Ch. 658, Sec. 9(b) (part).)
3627	3627	Sec. 1110.205. REFUNDING BONDS. (a) The board may issue
3628	3628	refunding bonds to refund outstanding indebtedness issued or
3629	3629	assumed by the district.
3630	3630	(b) A refunding bond may be:
3631	3631	(1) sold, with the proceeds of the refunding bond
3632	3632	applied to the payment of outstanding indebtedness; or
3633	3633	(2) exchanged wholly or partly for not less than a
3634	3634	similar principal amount of outstanding indebtedness. (Acts 64th
3635	3635	Leg., R.S., Ch. 658, Secs. 9(a) (part), (b) (part).)
3636	3636	Sec. 1110.206. MATURITY OF BONDS. District bonds must
3637	3637	mature not later than 40 years after their date of issuance. (Acts
3638	3638	64th Leg., R.S., Ch. 658, Sec. 9(c) (part).)
3639	3639	Sec. 1110.207. EXECUTION OF BONDS. The board president
3640	3640	shall execute the district's bonds in the district's name and the
3641	3641	board secretary shall countersign the bonds in the manner provided
3642	3642	by Chapter 618, Government Code. (Acts 64th Leg., R.S., Ch. 658,
3643	3643	Sec. 9(c) (part).)
3644	3644	Sec. 1110.208. BONDS EXEMPT FROM TAXATION. The following
3645	3645	are exempt from taxation by this state or a political subdivision of
3646	3646	this state:
3647	3647	(1) any bonds issued by the district;
3648	3648	(2) the transfer and issuance of the bonds; and
3649	3649	(3) any profits made in the sale of the bonds. (Acts
3650	3650	64th Leg., R.S., Ch. 658, Sec. 21 (part).)
3651	3651	[Sections 1110.209-1110.250 reserved for expansion]
3652	3652	SUBCHAPTER F. TAXES
3653	3653	Sec. 1110.251. IMPOSITION OF AD VALOREM TAX. (a) The board
3654	3654	shall impose a tax on all property in the district subject to
3655	3655	district taxation.
3656	3656	(b) The board shall impose the tax for the benefit of the
3657	3657	district to:
3658	3658	(1) pay the interest on and create a sinking fund for
3659	3659	bonds and other obligations issued or assumed by the district for
3660	3660	hospital purposes as provided by this chapter;
3661	3661	(2) pay indebtedness incurred or assumed by the
3662	3662	district;
3663	3663	(3) provide for the operation and maintenance of the
3664	3664	district and hospital system; and
3665	3665	(4) make improvements and additions to the hospital
3666	3666	system. (Acts 64th Leg., R.S., Ch. 658, Secs. 5 (part), 13 (part).)
3667	3667	Sec. 1110.252. TAX RATE. (a) The board may impose the tax
3668	3668	at a rate not to exceed 30 cents on each $100 valuation of all
3669	3669	taxable property in the district.
3670	3670	(b) In setting the tax rate, the board shall consider the
3671	3671	income of the district from sources other than taxation. (Acts 64th
3672	3672	Leg., R.S., Ch. 658, Secs. 5 (part), 13 (part).)
3673	3673	CHAPTER 1112. WEST COKE COUNTY HOSPITAL DISTRICT
3674	3674	SUBCHAPTER A. GENERAL PROVISIONS
3675	3675	Sec. 1112.001. DEFINITIONS
3676	3676	Sec. 1112.002. AUTHORITY FOR CREATION
3677	3677	Sec. 1112.003. ESSENTIAL PUBLIC FUNCTION
3678	3678	Sec. 1112.004. DISTRICT TERRITORY
3679	3679	Sec. 1112.005. DISTRICT SUPPORT AND MAINTENANCE NOT
3680	3680	STATE OBLIGATION
3681	3681	Sec. 1112.006. RESTRICTION ON STATE FINANCIAL
3682	3682	ASSISTANCE
3683	3683	[Sections 1112.007-1112.050 reserved for expansion]
3684	3684	SUBCHAPTER B. DISTRICT ADMINISTRATION
3685	3685	Sec. 1112.051. BOARD ELECTION; TERM
3686	3686	Sec. 1112.052. NOTICE OF ELECTION
3687	3687	Sec. 1112.053. BALLOT PETITION
3688	3688	Sec. 1112.054. QUALIFICATIONS FOR OFFICE
3689	3689	Sec. 1112.055. FILING OF OATH
3690	3690	Sec. 1112.056. BOARD VACANCY
3691	3691	Sec. 1112.057. OFFICERS
3692	3692	Sec. 1112.058. COMPENSATION
3693	3693	Sec. 1112.059. VOTING REQUIREMENT
3694	3694	Sec. 1112.060. DISTRICT ADMINISTRATOR; ASSISTANT
3695	3695	ADMINISTRATOR
3696	3696	Sec. 1112.061. GENERAL DUTIES OF DISTRICT
3697	3697	ADMINISTRATOR
3698	3698	Sec. 1112.062. EMPLOYEES
3699	3699	Sec. 1112.063. RETIREMENT PROGRAM
3700	3700	Sec. 1112.064. MAINTENANCE OF RECORDS; PUBLIC
3701	3701	INSPECTION
3702	3702	[Sections 1112.065-1112.100 reserved for expansion]
3703	3703	SUBCHAPTER C. POWERS AND DUTIES
3704	3704	Sec. 1112.101. DISTRICT RESPONSIBILITY
3705	3705	Sec. 1112.102. RESTRICTION ON POLITICAL SUBDIVISION
3706	3706	TAXATION AND DEBT
3707	3707	Sec. 1112.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
3708	3708	Sec. 1112.104. HOSPITAL SYSTEM
3709	3709	Sec. 1112.105. RULES
3710	3710	Sec. 1112.106. PURCHASING AND ACCOUNTING
3711	3711	Sec. 1112.107. EMINENT DOMAIN
3712	3712	Sec. 1112.108. GIFTS AND ENDOWMENTS
3713	3713	Sec. 1112.109. CONTRACTS WITH GOVERNMENTAL ENTITIES
3714	3714	FOR CARE AND TREATMENT
3715	3715	Sec. 1112.110. PAYMENT FOR TREATMENT; PROCEDURES
3716	3716	Sec. 1112.111. AUTHORITY TO SUE AND BE SUED
3717	3717	[Sections 1112.112-1112.150 reserved for expansion]
3718	3718	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3719	3719	Sec. 1112.151. BUDGET
3720	3720	Sec. 1112.152. FISCAL YEAR
3721	3721	Sec. 1112.153. AUDIT
3722	3722	Sec. 1112.154. FINANCIAL REPORT
3723	3723	Sec. 1112.155. DEPOSITORY
3724	3724	[Sections 1112.156-1112.200 reserved for expansion]
3725	3725	SUBCHAPTER E. BONDS
3726	3726	Sec. 1112.201. GENERAL OBLIGATION BONDS
3727	3727	Sec. 1112.202. TAX TO PAY GENERAL OBLIGATION BONDS
3728	3728	Sec. 1112.203. GENERAL OBLIGATION BOND ELECTION
3729	3729	Sec. 1112.204. EXECUTION OF GENERAL OBLIGATION BONDS
3730	3730	Sec. 1112.205. REFUNDING BONDS
3731	3731	Sec. 1112.206. BONDS EXEMPT FROM TAXATION
3732	3732	[Sections 1112.207-1112.250 reserved for expansion]
3733	3733	SUBCHAPTER F. TAXES
3734	3734	Sec. 1112.251. IMPOSITION OF AD VALOREM TAX
3735	3735	Sec. 1112.252. TAX RATE
3736	3736	Sec. 1112.253. ELECTION TO INCREASE MAXIMUM TAX RATE
3737	3737	Sec. 1112.254. TAX ASSESSOR-COLLECTOR
3738	3738	CHAPTER 1112. WEST COKE COUNTY HOSPITAL DISTRICT
3739	3739	SUBCHAPTER A. GENERAL PROVISIONS
3740	3740	Sec. 1112.001. DEFINITIONS. In this chapter:
3741	3741	(1) "Board" means the board of directors of the
3742	3742	district.
3743	3743	(2) "Director" means a member of the board.
3744	3744	(3) "District" means the West Coke County Hospital
3745	3745	District. (New.)
3746	3746	Sec. 1112.002. AUTHORITY FOR CREATION. The West Coke
3747	3747	County Hospital District is created under the authority of Section
3748	3748	9, Article IX, Texas Constitution, and has the rights, powers, and
3749	3749	duties prescribed by this chapter. (Acts 58th Leg., R.S., Ch. 315,
3750	3750	Sec. 1 (part).)
3751	3751	Sec. 1112.003. ESSENTIAL PUBLIC FUNCTION. The district
3752	3752	performs an essential public function in carrying out the purposes
3753	3753	of this chapter. (Acts 58th Leg., R.S., Ch. 315, Sec. 10 (part).)
3754	3754	Sec. 1112.004. DISTRICT TERRITORY. The boundaries of the
3755	3755	district are coextensive with the boundaries of County
3756	3756	Commissioners Precincts 1 and 3 of Coke County, Texas, as those
3757	3757	boundaries existed on January 1, 1963. (Acts 58th Leg., R.S., Ch.
3758	3758	315, Sec. 1 (part).)
3759	3759	Sec. 1112.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
3760	3760	OBLIGATION. The support and maintenance of the district may not
3761	3761	become a charge against or obligation of this state. (Acts 58th
3762	3762	Leg., R.S., Ch. 315, Sec. 20 (part).)
3763	3763	Sec. 1112.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
3764	3764	The legislature may not make a direct appropriation for the
3765	3765	construction, maintenance, or improvement of a district facility.
3766	3766	(Acts 58th Leg., R.S., Ch. 315, Sec. 20 (part).)
3767	3767	[Sections 1112.007-1112.050 reserved for expansion]
3768	3768	SUBCHAPTER B. DISTRICT ADMINISTRATION
3769	3769	Sec. 1112.051. BOARD ELECTION; TERM. (a) The district is
3770	3770	governed by a board of five directors elected from the district at
3771	3771	large.
3772	3772	(b) Unless four-year terms are established under Section
3773	3773	285.081, Health and Safety Code, directors serve staggered two-year
3774	3774	terms, with the terms of two or three directors expiring each year,
3775	3775	as appropriate. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).)
3776	3776	Sec. 1112.052. NOTICE OF ELECTION. At least 10 days before
3777	3777	the date of a directors' election, notice of the election must be
3778	3778	published one time in a newspaper of general circulation in Coke
3779	3779	County. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).)
3780	3780	Sec. 1112.053. BALLOT PETITION. A person who wants to have
3781	3781	the person's name printed on the ballot as a candidate for director
3782	3782	must file a petition requesting that action. The petition must be:
3783	3783	(1) signed by at least 25 registered voters; and
3784	3784	(2) filed by the deadline imposed by Section 144.005,
3785	3785	Election Code. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).)
3786	3786	Sec. 1112.054. QUALIFICATIONS FOR OFFICE. A person must at
3787	3787	the time of election or appointment as director:
3788	3788	(1) be a resident of the district;
3789	3789	(2) own land subject to taxation in the district; and
3790	3790	(3) be at least 18 years of age. (Acts 58th Leg.,
3791	3791	R.S., Ch. 315, Sec. 4 (part).)
3792	3792	Sec. 1112.055. FILING OF OATH. The constitutional oath of
3793	3793	office executed by a director must be filed in the district's
3794	3794	office. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).)
3795	3795	Sec. 1112.056. BOARD VACANCY. (a) If a vacancy occurs in
3796	3796	the office of director, the remaining directors shall appoint a
3797	3797	director for the unexpired term.
3798	3798	(b) If the number of directors is reduced to fewer than
3799	3799	three for any reason, the remaining directors shall immediately
3800	3800	call a special election to fill the vacancies. If the remaining
3801	3801	directors do not call the election, the county judge of Coke County
3802	3802	may fill the vacancies by appointment. (Acts 58th Leg., R.S., Ch.
3803	3803	315, Sec. 4 (part).)
3804	3804	Sec. 1112.057. OFFICERS. The board shall elect from among
3805	3805	its members a president, a vice president, and a secretary. (Acts
3806	3806	58th Leg., R.S., Ch. 315, Sec. 4 (part).)
3807	3807	Sec. 1112.058. COMPENSATION. A director serves without
3808	3808	compensation. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).)
3809	3809	Sec. 1112.059. VOTING REQUIREMENT. A concurrence of three
3810	3810	directors is sufficient in any matter relating to district
3811	3811	business. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).)
3812	3812	Sec. 1112.060. DISTRICT ADMINISTRATOR; ASSISTANT
3813	3813	ADMINISTRATOR. (a) The board shall appoint a qualified person as
3814	3814	district administrator.
3815	3815	(b) The board may appoint an assistant administrator.
3816	3816	(c) The district administrator and any assistant
3817	3817	administrator serve at the will of the board and shall receive the
3818	3818	compensation determined by the board.
3819	3819	(d) On assuming the duties of district administrator, the
3820	3820	administrator shall execute a bond payable to the district in an
3821	3821	amount set by the board of not less than $10,000 that:
3822	3822	(1) is conditioned on the administrator performing the
3823	3823	administrator's duties; and
3824	3824	(2) contains other conditions the board may require.
3825	3825	(Acts 58th Leg., R.S., Ch. 315, Sec. 5 (part).)
3826	3826	Sec. 1112.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
3827	3827	Subject to any limitations prescribed by the board, the district
3828	3828	administrator shall:
3829	3829	(1) supervise the work and activities of the district;
3830	3830	and
3831	3831	(2) direct the affairs of the district. (Acts 58th
3832	3832	Leg., R.S., Ch. 315, Sec. 5 (part).)
3833	3833	Sec. 1112.062. EMPLOYEES. The board may employ any
3834	3834	doctors, technicians, nurses, and other employees as considered
3835	3835	necessary for the efficient operation of the district or may
3836	3836	provide that the district administrator has the authority to employ
3837	3837	those persons. (Acts 58th Leg., R.S., Ch. 315, Sec. 5 (part).)
3838	3838	Sec. 1112.063. RETIREMENT PROGRAM. The board may enter
3839	3839	into any contract or agreement with this state or the federal
3840	3840	government as required to establish or continue a retirement
3841	3841	program for the benefit of the district's employees. (Acts 58th
3842	3842	Leg., R.S., Ch. 315, Sec. 5 (part).)
3843	3843	Sec. 1112.064. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
3844	3844	(a) The board shall:
3845	3845	(1) keep an accurate account of board meetings and
3846	3846	proceedings; and
3847	3847	(2) maintain at the district's principal office all
3848	3848	district records and accounts, including contracts, notices,
3849	3849	duplicate vouchers, and duplicate receipts.
3850	3850	(b) The information described by Subsection (a) shall be
3851	3851	open to public inspection at the district's principal office at all
3852	3852	reasonable times. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).)
3853	3853	[Sections 1112.065-1112.100 reserved for expansion]
3854	3854	SUBCHAPTER C. POWERS AND DUTIES
3855	3855	Sec. 1112.101. DISTRICT RESPONSIBILITY. The district has
3856	3856	full responsibility for:
3857	3857	(1) operating all hospital facilities for providing
3858	3858	medical and hospital care of indigent persons; and
3859	3859	(2) providing medical and hospital care for the
3860	3860	district's needy inhabitants. (Acts 58th Leg., R.S., Ch. 315,
3861	3861	Secs. 2 (part), 19 (part).)
3862	3862	Sec. 1112.102. RESTRICTION ON POLITICAL SUBDIVISION
3863	3863	TAXATION AND DEBT. Coke County or another political subdivision,
3864	3864	other than the district, may not impose a tax or issue bonds or
3865	3865	other obligations for hospital purposes for medical treatment of
3866	3866	indigent persons in the district. (Acts 58th Leg., R.S., Ch. 315,
3867	3867	Sec. 19 (part).)
3868	3868	Sec. 1112.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
3869	3869	The board shall manage, control, and administer the district's
3870	3870	hospitals and hospital system. (Acts 58th Leg., R.S., Ch. 315, Sec.
3871	3871	5 (part).)
3872	3872	Sec. 1112.104. HOSPITAL SYSTEM. (a) The district shall
3873	3873	provide for:
3874	3874	(1) the establishment of a hospital system by:
3875	3875	(A) purchasing, constructing, acquiring,
3876	3876	repairing, or renovating buildings and equipment; and
3877	3877	(B) equipping the buildings; and
3878	3878	(2) the administration of the hospital system for
3879	3879	hospital purposes.
3880	3880	(b) The board shall determine the type, number, and location
3881	3881	of buildings required to maintain an adequate hospital system.
3882	3882	(c) The hospital system may include:
3883	3883	(1) outpatient clinics; and
3884	3884	(2) any other facilities the board considers necessary
3885	3885	for hospital care. (Acts 58th Leg., R.S., Ch. 315, Secs. 2 (part),
3886	3886	7A.)
3887	3887	Sec. 1112.105. RULES. The board may adopt rules for the
3888	3888	operation of the district and as required to administer this
3889	3889	chapter. (Acts 58th Leg., R.S., Ch. 315, Secs. 5 (part), 11
3890	3890	(part).)
3891	3891	Sec. 1112.106. PURCHASING AND ACCOUNTING. The board may
3892	3892	prescribe:
3893	3893	(1) the method and manner of making purchases and
3894	3894	expenditures by and for the district; and
3895	3895	(2) all accounting and control procedures. (Acts 58th
3896	3896	Leg., R.S., Ch. 315, Sec. 11 (part).)
3897	3897	Sec. 1112.107. EMINENT DOMAIN. (a) The district may
3898	3898	exercise the power of eminent domain to acquire a fee simple or
3899	3899	other interest in any type of property located in district
3900	3900	territory if the interest is necessary or convenient to a power,
3901	3901	right, or privilege conferred by this chapter.
3902	3902	(b) The district must exercise the power of eminent domain
3903	3903	in the manner provided by Chapter 21, Property Code. (Acts 58th
3904	3904	Leg., R.S., Ch. 315, Sec. 14.)
3905	3905	Sec. 1112.108. GIFTS AND ENDOWMENTS. The board may accept
3906	3906	for the district a gift or endowment to be held in trust and
3907	3907	administered by the board for the purposes and under the
3908	3908	directions, limitations, or other provisions prescribed in writing
3909	3909	by the donor that are not inconsistent with the proper management
3910	3910	and objectives of the district. (Acts 58th Leg., R.S., Ch. 315,
3911	3911	Sec. 17.)
3912	3912	Sec. 1112.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
3913	3913	CARE AND TREATMENT. The board may contract with:
3914	3914	(1) any county or municipality located outside the
3915	3915	district for the care and treatment of a sick or injured person of
3916	3916	that county or municipality; and
3917	3917	(2) this state or a federal agency for the treatment of
3918	3918	a sick or injured person for whom this state or the federal
3919	3919	government is responsible. (Acts 58th Leg., R.S., Ch. 315, Sec. 5
3920	3920	(part).)
3921	3921	Sec. 1112.110. PAYMENT FOR TREATMENT; PROCEDURES. (a)
3922	3922	When a patient who resides in the district is admitted to a district
3923	3923	facility, the district administrator shall have an inquiry made
3924	3924	into the circumstances of:
3925	3925	(1) the patient; and
3926	3926	(2) the patient's relatives legally liable for the
3927	3927	patient's support.
3928	3928	(b) If the district administrator determines that the
3929	3929	patient or those relatives cannot pay all or part of the patient's
3930	3930	care and treatment in the hospital, the amount that cannot be paid
3931	3931	becomes a charge against the district.
3932	3932	(c) If the district administrator determines that the
3933	3933	patient or those relatives can pay for all or part of the patient's
3934	3934	care and treatment, the patient or those relatives shall be ordered
3935	3935	to pay the district a specified amount each week for the patient's
3936	3936	support. The amount ordered must be proportionate to the person's
3937	3937	financial ability and may not exceed the actual per capita cost of
3938	3938	maintenance.
3939	3939	(d) The district administrator may collect the amount from
3940	3940	the patient's estate, or from those relatives legally liable for
3941	3941	the patient's support, in the manner provided by law for the
3942	3942	collection of expenses of the last illness of a deceased person.
3943	3943	(e) If there is a dispute as to the ability to pay, or doubt
3944	3944	in the mind of the district administrator, the board shall hold a
3945	3945	hearing and, after calling witnesses, shall:
3946	3946	(1) resolve the dispute or doubt; and
3947	3947	(2) issue any appropriate orders. (Acts 58th Leg.,
3948	3948	R.S., Ch. 315, Sec. 16.)
3949	3949	Sec. 1112.111. AUTHORITY TO SUE AND BE SUED. The district,
3950	3950	through the board, may sue and be sued. (Acts 58th Leg., R.S., Ch.
3951	3951	315, Sec. 5 (part).)
3952	3952	[Sections 1112.112-1112.150 reserved for expansion]
3953	3953	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3954	3954	Sec. 1112.151. BUDGET. (a) The district administrator
3955	3955	shall prepare for approval by the board an annual budget that
3956	3956	corresponds to the district's fiscal year.
3957	3957	(b) Not later than August 31 of each year, the board shall
3958	3958	publish notice of a public hearing on the proposed budget. The
3959	3959	notice must be published in a newspaper of general circulation in
3960	3960	Coke County at least 10 days before the date of the hearing. (Acts
3961	3961	58th Leg., R.S., Ch. 315, Secs. 6 (part), 18.)
3962	3962	Sec. 1112.152. FISCAL YEAR. The district operates on a
3963	3963	fiscal year that begins on October 1 and ends on September 30.
3964	3964	(Acts 58th Leg., R.S., Ch. 315, Sec. 6 (part).)
3965	3965	Sec. 1112.153. AUDIT. (a) The district shall have an audit
3966	3966	made of the district's financial condition.
3967	3967	(b) The audit shall be open to inspection at all times at the
3968	3968	district's principal office. (Acts 58th Leg., R.S., Ch. 315, Sec. 6
3969	3969	(part).)
3970	3970	Sec. 1112.154. FINANCIAL REPORT. As soon as practicable
3971	3971	after the close of each fiscal year, the district administrator
3972	3972	shall prepare for the board:
3973	3973	(1) a complete sworn statement of all district money;
3974	3974	and
3975	3975	(2) a complete account of the disbursements of that
3976	3976	money. (Acts 58th Leg., R.S., Ch. 315, Sec. 6 (part).)
3977	3977	Sec. 1112.155. DEPOSITORY. (a) The board shall select one
3978	3978	or more banks in the district to serve as a depository for district
3979	3979	money.
3980	3980	(b) All district money shall be immediately deposited on
3981	3981	receipt with a depository bank, except that sufficient money must
3982	3982	be remitted to an appropriate bank to pay the principal of and
3983	3983	interest on the district's outstanding bonds or other obligations
3984	3984	assumed by the district on or before the maturity date of the
3985	3985	principal and interest.
3986	3986	(c) To the extent that money in a depository bank is not
3987	3987	insured by the Federal Deposit Insurance Corporation, the money
3988	3988	must be secured in the manner provided by law for the security of
3989	3989	county funds.
3990	3990	(d) Membership on the district's board of an officer or
3991	3991	director of a bank does not disqualify the bank from being selected
3992	3992	as a depository. (Acts 58th Leg., R.S., Ch. 315, Sec. 12.)
3993	3993	[Sections 1112.156-1112.200 reserved for expansion]
3994	3994	SUBCHAPTER E. BONDS
3995	3995	Sec. 1112.201. GENERAL OBLIGATION BONDS. (a) The board may
3996	3996	issue and sell general obligation bonds in the name and on the faith
3997	3997	and credit of the district for any purpose related to the purchase,
3998	3998	construction, acquisition, repair, or renovation of buildings and
3999	3999	improvements, and equipping buildings and improvements for a
4000	4000	hospital and the hospital system, as determined by the board.
4001	4001	(b) The board shall issue the bonds in compliance with the
4002	4002	applicable provisions of Subtitles A and C, Title 9, Government
4003	4003	Code. (Acts 58th Leg., R.S., Ch. 315, Sec. 9 (part).)
4004	4004	Sec. 1112.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
4005	4005	the time general obligation bonds are issued by the district, the
4006	4006	board shall impose an ad valorem tax at a rate sufficient to create
4007	4007	an interest and sinking fund and to pay the principal of and
4008	4008	interest on the bonds as the bonds mature.
4009	4009	(b) The tax required by this section, together with any
4010	4010	other ad valorem tax the district imposes, may not in any year
4011	4011	exceed 25 cents on each $100 valuation of taxable property in the
4012	4012	district. (Acts 58th Leg., R.S., Ch. 315, Sec. 9 (part).)
4013	4013	Sec. 1112.203. GENERAL OBLIGATION BOND ELECTION. (a) The
4014	4014	district may issue general obligation bonds only if the bonds are
4015	4015	authorized by a majority of the district voters voting at an
4016	4016	election held for that purpose.
4017	4017	(b) The board shall call the election. The election must be
4018	4018	held in accordance with Chapter 1251, Government Code.
4019	4019	(c) The bond election order must specify:
4020	4020	(1) the date of the election;
4021	4021	(2) the location of the polling places;
4022	4022	(3) the presiding election officers;
4023	4023	(4) the amount of the bonds to be authorized;
4024	4024	(5) the maximum maturity of the bonds; and
4025	4025	(6) the maximum interest rate of the bonds. (Acts 58th
4026	4026	Leg., R.S., Ch. 315, Sec. 9 (part).)
4027	4027	Sec. 1112.204. EXECUTION OF GENERAL OBLIGATION BONDS. The
4028	4028	board president shall execute the general obligation bonds in the
4029	4029	district's name and the board secretary shall attest the bonds.
4030	4030	(Acts 58th Leg., R.S., Ch. 315, Sec. 9 (part).)
4031	4031	Sec. 1112.205. REFUNDING BONDS. (a) District refunding
4032	4032	bonds may, without an election, be issued to refund any bonds or
4033	4033	other refundable indebtedness issued or assumed by the district.
4034	4034	(b) A refunding bond may be:
4035	4035	(1) sold, with the proceeds of the refunding bond
4036	4036	applied to the payment of the outstanding bonds or other refundable
4037	4037	indebtedness; or
4038	4038	(2) exchanged wholly or partly for not less than a
4039	4039	similar principal amount of the outstanding bonds or other
4040	4040	refundable indebtedness. (Acts 58th Leg., R.S., Ch. 315, Sec. 9
4041	4041	(part).)
4042	4042	Sec. 1112.206. BONDS EXEMPT FROM TAXATION. The following
4043	4043	are exempt from taxation by this state or a political subdivision of
4044	4044	this state:
4045	4045	(1) bonds issued by the district;
4046	4046	(2) the transfer and issuance of the bonds; and
4047	4047	(3) any profits made in the sale of the bonds. (Acts
4048	4048	58th Leg., R.S., Ch. 315, Sec. 10 (part).)
4049	4049	[Sections 1112.207-1112.250 reserved for expansion]
4050	4050	SUBCHAPTER F. TAXES
4051	4051	Sec. 1112.251. IMPOSITION OF AD VALOREM TAX. (a) The
4052	4052	district may impose a tax on all property in the district subject to
4053	4053	district taxation.
4054	4054	(b) The tax may be used to meet the requirements of:
4055	4055	(1) district bonds;
4056	4056	(2) indebtedness assumed by the district; and
4057	4057	(3) district maintenance and operating expenses.
4058	4058	(Acts 58th Leg., R.S., Ch. 315, Sec. 3 (part).)
4059	4059	Sec. 1112.252. TAX RATE. Unless the rate is increased as
4060	4060	provided by Section 1112.253, the district may impose the tax at a
4061	4061	rate not to exceed 25 cents on each $100 valuation of all taxable
4062	4062	property in the district. (Acts 58th Leg., R.S., Ch. 315, Secs. 3
4063	4063	(part), 9A (part).)
4064	4064	Sec. 1112.253. ELECTION TO INCREASE MAXIMUM TAX RATE. (a)
4065	4065	The board may order an election to increase the district's maximum
4066	4066	tax rate to a rate not to exceed 75 cents on each $100 valuation of
4067	4067	all taxable property in the district.
4068	4068	(b) Notice of election shall be given by publishing a
4069	4069	substantial copy of the election order in a newspaper of general
4070	4070	circulation in the district once a week for two consecutive weeks
4071	4071	before the date of the election. The first notice must be published
4072	4072	at least 14 days before the date of the election.
4073	4073	(c) The ballot for the election shall be printed to permit
4074	4074	voting for or against the proposition: "The imposition of annual
4075	4075	taxes by the district for hospital purposes at a rate not to exceed
4076	4076	75 cents on the $100 valuation of all taxable property in the
4077	4077	district."
4078	4078	(d) If a majority of district voters approve the
4079	4079	proposition, the board may impose taxes as authorized by the
4080	4080	proposition.
4081	4081	(e) A copy of the election results are a public record.
4082	4082	(Acts 58th Leg., R.S., Ch. 315, Secs. 3 (part), 9A (part).)
4083	4083	Sec. 1112.254. TAX ASSESSOR-COLLECTOR. The tax
4084	4084	assessor-collector of Coke County shall assess and collect taxes
4085	4085	imposed by the district. (Acts 58th Leg., R.S., Ch. 315, Sec. 15
4086	4086	(part).)
4087	4087	CHAPTER 1113. WILBARGER COUNTY HOSPITAL DISTRICT
4088	4088	SUBCHAPTER A. GENERAL PROVISIONS
4089	4089	Sec. 1113.001. DEFINITIONS
4090	4090	Sec. 1113.002. AUTHORITY FOR OPERATION
4091	4091	Sec. 1113.003. POLITICAL SUBDIVISION
4092	4092	Sec. 1113.004. DISTRICT TERRITORY
4093	4093	Sec. 1113.005. CORRECTION OF INVALID PROCEDURES
4094	4094	[Sections 1113.006-1113.050 reserved for expansion]
4095	4095	SUBCHAPTER B. DISTRICT ADMINISTRATION
4096	4096	Sec. 1113.051. BOARD ELECTION; TERM
4097	4097	Sec. 1113.052. NOTICE OF ELECTION AND RUNOFF ELECTION
4098	4098	Sec. 1113.053. BALLOT PETITION
4099	4099	Sec. 1113.054. QUALIFICATIONS FOR OFFICE
4100	4100	Sec. 1113.055. BOND; RECORD OF BOND AND OATH
4101	4101	Sec. 1113.056. BOARD VACANCY
4102	4102	Sec. 1113.057. OFFICERS
4103	4103	Sec. 1113.058. COMPENSATION; EXPENSES
4104	4104	Sec. 1113.059. VOTING REQUIREMENT
4105	4105	Sec. 1113.060. MEETINGS
4106	4106	Sec. 1113.061. EMPLOYEES
4107	4107	Sec. 1113.062. MAINTENANCE OF RECORDS; PUBLIC
4108	4108	INSPECTION
4109	4109	Sec. 1113.063. SEAL
4110	4110	[Sections 1113.064-1113.100 reserved for expansion]
4111	4111	SUBCHAPTER C. POWERS AND DUTIES
4112	4112	Sec. 1113.101. DISTRICT RESPONSIBILITY
4113	4113	Sec. 1113.102. RESTRICTION ON COUNTY OR MUNICIPAL
4114	4114	TAXATION
4115	4115	Sec. 1113.103. MANAGEMENT AND CONTROL OF DISTRICT
4116	4116	Sec. 1113.104. RULES
4117	4117	Sec. 1113.105. PURCHASING AND ACCOUNTING
4118	4118	Sec. 1113.106. DISTRICT PROPERTY
4119	4119	Sec. 1113.107. EMINENT DOMAIN
4120	4120	Sec. 1113.108. GIFTS AND ENDOWMENTS
4121	4121	Sec. 1113.109. PAYMENT FOR TREATMENT; PROCEDURES
4122	4122	Sec. 1113.110. AUTHORITY TO SUE AND BE SUED
4123	4123	[Sections 1113.111-1113.150 reserved for expansion]
4124	4124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4125	4125	Sec. 1113.151. BUDGET
4126	4126	Sec. 1113.152. PROPOSED BUDGET: NOTICE AND HEARING
4127	4127	Sec. 1113.153. FISCAL YEAR
4128	4128	Sec. 1113.154. ANNUAL AUDIT
4129	4129	Sec. 1113.155. DEPOSITORY OR TREASURER
4130	4130	[Sections 1113.156-1113.200 reserved for expansion]
4131	4131	SUBCHAPTER E. BONDS
4132	4132	Sec. 1113.201. GENERAL OBLIGATION BONDS
4133	4133	Sec. 1113.202. TAX TO PAY GENERAL OBLIGATION BONDS
4134	4134	Sec. 1113.203. GENERAL OBLIGATION BOND ELECTION
4135	4135	Sec. 1113.204. MATURITY OF GENERAL OBLIGATION BONDS
4136	4136	Sec. 1113.205. EXECUTION OF GENERAL OBLIGATION BONDS
4137	4137	Sec. 1113.206. REFUNDING BONDS
4138	4138	[Sections 1113.207-1113.250 reserved for expansion]
4139	4139	SUBCHAPTER F. TAXES
4140	4140	Sec. 1113.251. IMPOSITION OF AD VALOREM TAX
4141	4141	Sec. 1113.252. TAX RATE
4142	4142	Sec. 1113.253. ELECTION TO INCREASE MAXIMUM TAX RATE
4143	4143	Sec. 1113.254. TAX ASSESSOR-COLLECTOR
4144	4144	CHAPTER 1113. WILBARGER COUNTY HOSPITAL DISTRICT
4145	4145	SUBCHAPTER A. GENERAL PROVISIONS
4146	4146	Sec. 1113.001. DEFINITIONS. In this chapter:
4147	4147	(1) "Board" means the board of directors of the
4148	4148	district.
4149	4149	(2) "Director" means a member of the board.
4150	4150	(3) "District" means the Wilbarger County Hospital
4151	4151	District. (New.)
4152	4152	Sec. 1113.002. AUTHORITY FOR OPERATION. The Wilbarger
4153	4153	County Hospital District operates in accordance with Section 9,
4154	4154	Article IX, Texas Constitution, and has the powers and
4155	4155	responsibilities provided by that section. (Acts 59th Leg., R.S.,
4156	4156	Ch. 6, Sec. 1 (part).)
4157	4157	Sec. 1113.003. POLITICAL SUBDIVISION. The district is a
4158	4158	political subdivision of this state. (Acts 59th Leg., R.S., Ch. 6,
4159	4159	Sec. 17 (part).)
4160	4160	Sec. 1113.004. DISTRICT TERRITORY. The boundaries of the
4161	4161	district are coextensive with the boundaries of Wilbarger County.
4162	4162	(Acts 59th Leg., R.S., Ch. 6, Sec. 1 (part).)
4163	4163	Sec. 1113.005. CORRECTION OF INVALID PROCEDURES. If a
4164	4164	court holds that any procedure under this chapter violates the
4165	4165	constitution of this state or of the United States, the district by
4166	4166	resolution may provide an alternative procedure that conforms with
4167	4167	the constitution. (Acts 59th Leg., R.S., Ch. 6, Sec. 18 (part).)
4168	4168	[Sections 1113.006-1113.050 reserved for expansion]
4169	4169	SUBCHAPTER B. DISTRICT ADMINISTRATION
4170	4170	Sec. 1113.051. BOARD ELECTION; TERM. (a) The board
4171	4171	consists of seven directors elected from the district at large by
4172	4172	position. To be elected, a candidate must receive a majority of the
4173	4173	votes cast in the election for that position.
4174	4174	(b) Directors serve staggered three-year terms. (Acts 59th
4175	4175	Leg., R.S., Ch. 6, Sec. 3 (part).)
4176	4176	Sec. 1113.052. NOTICE OF ELECTION AND RUNOFF ELECTION. (a)
4177	4177	At least 10 days before the date of a directors' election, notice of
4178	4178	the election must be published one time in a newspaper of general
4179	4179	circulation in Wilbarger County.
4180	4180	(b) At least seven days before the date of a runoff election
4181	4181	of directors, notice of the runoff election must be published one
4182	4182	time in a newspaper of general circulation in Wilbarger County.
4183	4183	(Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).)
4184	4184	Sec. 1113.053. BALLOT PETITION. A person who wants to have
4185	4185	the person's name printed on the ballot as a candidate for director
4186	4186	must file with the board secretary a petition requesting that
4187	4187	action. The petition must be:
4188	4188	(1) signed by at least 100 registered voters; and
4189	4189	(2) filed by the deadline imposed by Section 144.005,
4190	4190	Election Code. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).)
4191	4191	Sec. 1113.054. QUALIFICATIONS FOR OFFICE. A person may not
4192	4192	be appointed or elected as a director unless the person is:
4193	4193	(1) a resident of the district; and
4194	4194	(2) at least 18 years of age at the time of the
4195	4195	appointment or election. (Acts 59th Leg., R.S., Ch. 6, Sec. 3
4196	4196	(part).)
4197	4197	Sec. 1113.055. BOND; RECORD OF BOND AND OATH. (a) Each
4198	4198	director shall execute a good and sufficient bond for $1,000 that
4199	4199	is:
4200	4200	(1) payable to the district; and
4201	4201	(2) conditioned on the faithful performance of the
4202	4202	director's duties.
4203	4203	(b) Each director's bond and constitutional oath of office
4204	4204	shall be deposited with the district's depository bank for
4205	4205	safekeeping. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).)
4206	4206	Sec. 1113.056. BOARD VACANCY. (a) If a vacancy occurs in
4207	4207	the office of director, the remaining directors shall appoint a
4208	4208	director for the unexpired term.
4209	4209	(b) If the number of directors is reduced to fewer than four
4210	4210	for any reason, the remaining directors shall immediately call a
4211	4211	special election to fill the vacancies. If the remaining directors
4212	4212	do not call the election, a district court, on application of a
4213	4213	district voter or taxpayer, may order the directors to hold the
4214	4214	election. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).)
4215	4215	Sec. 1113.057. OFFICERS. The board shall elect from among
4216	4216	its members a presiding officer, assistant presiding officer, and a
4217	4217	secretary. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).)
4218	4218	Sec. 1113.058. COMPENSATION; EXPENSES. A director serves
4219	4219	without compensation but may be reimbursed for actual expenses
4220	4220	incurred in the performance of official duties on approval of the
4221	4221	expenses by the board. (Acts 59th Leg., R.S., Ch. 6, Sec. 4
4222	4222	(part).)
4223	4223	Sec. 1113.059. VOTING REQUIREMENT. A concurrence of four
4224	4224	directors is sufficient in any matter relating to district
4225	4225	business. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).)
4226	4226	Sec. 1113.060. MEETINGS. (a) A board meeting may be called
4227	4227	by the presiding officer or any four directors.
4228	4228	(b) Notice of the time and place of a board meeting must be
4229	4229	given to each director not later than the seventh day before the
4230	4230	time of the meeting.
4231	4231	(c) This section does not prevent the board from
4232	4232	establishing by resolution a regular time and place for meetings
4233	4233	for which special notice is not required. (Acts 59th Leg., R.S.,
4234	4234	Ch. 6, Sec. 3 (part).)
4235	4235	Sec. 1113.061. EMPLOYEES. (a) The board may employ a
4236	4236	general manager and other necessary professional and clerical
4237	4237	personnel.
4238	4238	(b) The title of the general manager hired by the board may
4239	4239	be president. (Acts 59th Leg., R.S., Ch. 6, Secs. 3 (part), 8
4240	4240	(part).)
4241	4241	Sec. 1113.062. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
4242	4242	Except as provided by Section 1113.055, all district records,
4243	4243	including books, accounts, notices, and minutes, and all other
4244	4244	matters of the district and the operation of its facilities, shall
4245	4245	be:
4246	4246	(1) maintained at the district office; and
4247	4247	(2) open to public inspection at the district office
4248	4248	at all reasonable hours. (Acts 59th Leg., R.S., Ch. 6, Sec. 8
4249	4249	(part).)
4250	4250	Sec. 1113.063. SEAL. The board may adopt a seal for the
4251	4251	district. (Acts 59th Leg., R.S., Ch. 6, Sec. 8 (part).)
4252	4252	[Sections 1113.064-1113.100 reserved for expansion]
4253	4253	SUBCHAPTER C. POWERS AND DUTIES
4254	4254	Sec. 1113.101. DISTRICT RESPONSIBILITY. The district has
4255	4255	full responsibility for providing medical and hospital care for the
4256	4256	district's needy and indigent residents. (Acts 59th Leg., R.S.,
4257	4257	Ch. 6, Secs. 2 (part), 13 (part).)
4258	4258	Sec. 1113.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION.
4259	4259	Wilbarger County or a municipality in Wilbarger County may not
4260	4260	impose a tax for hospital purposes. (Acts 59th Leg., R.S., Ch. 6,
4261	4261	Sec. 13 (part).)
4262	4262	Sec. 1113.103. MANAGEMENT AND CONTROL OF DISTRICT. The
4263	4263	management and control of the district is vested in the board. (Acts
4264	4264	59th Leg., R.S., Ch. 6, Sec. 4 (part).)
4265	4265	Sec. 1113.104. RULES. (a) The board may adopt rules
4266	4266	governing the operation of the district and district facilities.
4267	4267	(b) The rules, on approval by the board, may be published in
4268	4268	booklet form at district expense and may be made available to any
4269	4269	taxpayer on request. (Acts 59th Leg., R.S., Ch. 6, Sec. 8 (part).)
4270	4270	Sec. 1113.105. PURCHASING AND ACCOUNTING. (a) The board
4271	4271	may prescribe the method and manner of making purchases and
4272	4272	expenditures by and for the district.
4273	4273	(b) The board shall prescribe:
4274	4274	(1) all accounting and control procedures; and
4275	4275	(2) the method of purchasing necessary supplies,
4276	4276	materials, and equipment. (Acts 59th Leg., R.S., Ch. 6, Sec. 8
4277	4277	(part).)
4278	4278	Sec. 1113.106. DISTRICT PROPERTY. (a) The board may sell or
4279	4279	lease property owned by the district at public auction or at private
4280	4280	sale, on terms the board may determine.
4281	4281	(b) The sale or lease of property and the terms of the sale
4282	4282	or lease must be approved by a vote of at least three-fourths of the
4283	4283	total number of directors. The vote must be recorded by resolution
4284	4284	in the district's minutes.
4285	4285	(c) After the adoption of a resolution authorizing a sale or
4286	4286	lease, the board shall hold a public hearing on the proposed sale or
4287	4287	lease. Notice of the public hearing and the subject of the hearing
4288	4288	must be published in the English language in a newspaper of general
4289	4289	circulation in the district once a week for three consecutive weeks
4290	4290	preceding the hearing. The last of the notices must be published
4291	4291	not less than five days before the date set for the hearing.
4292	4292	(d) Not more than 10 days after the date of the public
4293	4293	hearing, the board shall again vote on the proposed sale or lease as
4294	4294	stated in the initial resolution. The sale or lease must be
4295	4295	approved by a vote of at least three-fourths of the total number of
4296	4296	directors. The vote must be recorded in the district's minutes.
4297	4297	(e) Any transfer, lease, or sale of district property must
4298	4298	be by an instrument signed by the board presiding officer and
4299	4299	attested by the board secretary. (Acts 59th Leg., R.S., Ch. 6, Sec.
4300	4300	4a.)
4301	4301	Sec. 1113.107. EMINENT DOMAIN. (a) The district may
4302	4302	exercise the power of eminent domain to acquire a fee simple or
4303	4303	other interest in any type of property located in district
4304	4304	territory, if the interest is necessary or convenient to exercise a
4305	4305	right, power, privilege, or function conferred on the district by
4306	4306	this chapter.
4307	4307	(b) The district must exercise the power of eminent domain
4308	4308	in the manner provided by Chapter 21, Property Code, except the
4309	4309	district is not required to deposit in the trial court money or a
4310	4310	bond as otherwise required by Section 21.021(a), Property Code.
4311	4311	(c) In a condemnation proceeding brought by the district,
4312	4312	the district is not required to:
4313	4313	(1) pay in advance or provide a bond or other security
4314	4314	for costs in the trial court;
4315	4315	(2) provide a bond for the issuance of a temporary
4316	4316	restraining order or a temporary injunction; or
4317	4317	(3) provide a bond for costs or a supersedeas bond on
4318	4318	an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 6,
4319	4319	Sec. 10.)
4320	4320	Sec. 1113.108. GIFTS AND ENDOWMENTS. The board may accept
4321	4321	for the district a gift or endowment to be held in trust and
4322	4322	administered by the board for the purposes and under the
4323	4323	directions, limitations, or other provisions prescribed in writing
4324	4324	by the donor that are not inconsistent with the proper management
4325	4325	and objectives of the district. (Acts 59th Leg., R.S., Ch. 6, Sec.
4326	4326	15.)
4327	4327	Sec. 1113.109. PAYMENT FOR TREATMENT; PROCEDURES. (a)
4328	4328	When a patient who claims to be indigent is admitted to a district
4329	4329	facility, the board shall have an inquiry made into the
4330	4330	circumstances of:
4331	4331	(1) the patient; and
4332	4332	(2) the patient's relatives legally liable for the
4333	4333	patient's support.
4334	4334	(b) If an agent designated by the district to handle the
4335	4335	inquiry determines that the patient or those relatives cannot pay
4336	4336	for all or part of the patient's care and treatment in the hospital,
4337	4337	the amount that cannot be paid becomes a charge against the
4338	4338	district.
4339	4339	(c) If it is determined that the patient or those relatives
4340	4340	are liable to pay for all or part of the patient's care and
4341	4341	treatment, the patient or those relatives shall be ordered to pay to
4342	4342	the district's treasurer a specified amount each week for the
4343	4343	patient's support. The amount ordered must be proportionate to
4344	4344	their financial ability and may not exceed the actual per capita
4345	4345	cost of maintenance.
4346	4346	(d) The district may collect the amount from the patient's
4347	4347	estate, or from those relatives legally liable for the patient's
4348	4348	support, in the manner provided by law for the collection of
4349	4349	expenses of the last illness of a deceased person.
4350	4350	(e) If there is a dispute as to the ability to pay or doubt
4351	4351	in the mind of the district's designated agent, the board shall hold
4352	4352	a hearing and, after calling witnesses, shall:
4353	4353	(1) resolve the dispute or doubt; and
4354	4354	(2) issue any appropriate order.
4355	4355	(f) The order may be appealed to the district court. (Acts
4356	4356	59th Leg., R.S., Ch. 6, Sec. 14.)
4357	4357	Sec. 1113.110. AUTHORITY TO SUE AND BE SUED. As a
4358	4358	governmental agency, the district may sue and be sued in its own
4359	4359	name in any court in this state. (Acts 59th Leg., R.S., Ch. 6, Sec.
4360	4360	17 (part).)
4361	4361	[Sections 1113.111-1113.150 reserved for expansion]
4362	4362	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4363	4363	Sec. 1113.151. BUDGET. The board annually shall have a
4364	4364	budget prepared for the next fiscal year that includes:
4365	4365	(1) proposed expenditures and disbursements;
4366	4366	(2) estimated receipts and collections; and
4367	4367	(3) the amount of taxes required to be imposed for the
4368	4368	year. (Acts 59th Leg., R.S., Ch. 6, Sec. 9 (part).)
4369	4369	Sec. 1113.152. PROPOSED BUDGET: NOTICE AND HEARING. (a)
4370	4370	The board shall hold a public hearing on the proposed budget.
4371	4371	(b) Notice of the hearing must be published at least once in
4372	4372	a newspaper of general circulation in Wilbarger County not later
4373	4373	than the 10th day before the date of the hearing.
4374	4374	(c) Any district taxpayer is entitled to:
4375	4375	(1) appear at the time and place designated in the
4376	4376	notice; and
4377	4377	(2) be heard regarding any item included in the
4378	4378	proposed budget. (Acts 59th Leg., R.S., Ch. 6, Sec. 9 (part).)
4379	4379	Sec. 1113.153. FISCAL YEAR. The district's fiscal year
4380	4380	begins on October 1 and ends on September 30. (Acts 59th Leg.,
4381	4381	R.S., Ch. 6, Sec. 9 (part).)
4382	4382	Sec. 1113.154. ANNUAL AUDIT. (a) The board annually shall
4383	4383	have an independent audit made of the district's books and records
4384	4384	for the preceding fiscal year.
4385	4385	(b) Not later than December 31 each year, the audit shall be
4386	4386	filed:
4387	4387	(1) with the comptroller; and
4388	4388	(2) at the district's office. (Acts 59th Leg., R.S.,
4389	4389	Ch. 6, Sec. 9 (part).)
4390	4390	Sec. 1113.155. DEPOSITORY OR TREASURER. (a) The board by
4391	4391	resolution shall designate a bank or banks in Wilbarger County as
4392	4392	the district's depository or treasurer. A designated bank serves
4393	4393	for two years and until a successor is designated.
4394	4394	(b) All income received by the district shall be deposited
4395	4395	with the district depository.
4396	4396	(c) All district money shall be secured in the manner
4397	4397	provided for securing county funds. (Acts 59th Leg., R.S., Ch. 6,
4398	4398	Secs. 5 (part), 11.)
4399	4399	[Sections 1113.156-1113.200 reserved for expansion]
4400	4400	SUBCHAPTER E. BONDS
4401	4401	Sec. 1113.201. GENERAL OBLIGATION BONDS. The board may
4402	4402	issue and sell general obligation bonds in the name and on the faith
4403	4403	and credit of the district for any purpose relating to the purchase,
4404	4404	construction, acquisition, repair, or renovation of buildings and
4405	4405	improvements and equipping buildings and improvements for hospital
4406	4406	purposes. (Acts 59th Leg., R.S., Ch. 6, Sec. 6 (part).)
4407	4407	Sec. 1113.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a)
4408	4408	The board shall impose an ad valorem tax at a rate sufficient to
4409	4409	create an interest and sinking fund to pay the principal of and
4410	4410	interest on general obligation bonds issued by the district under
4411	4411	Section 1113.201 as the bonds mature.
4412	4412	(b) The tax required by this section together with any
4413	4413	maintenance and operation tax the district imposes may not in any
4414	4414	year exceed:
4415	4415	(1) 50 cents on each $100 valuation of all taxable
4416	4416	property in the district; or
4417	4417	(2) the maximum amount approved by the voters under
4418	4418	Section 1113.253. (Acts 59th Leg., R.S., Ch. 6, Sec. 6 (part).)
4419	4419	Sec. 1113.203. GENERAL OBLIGATION BOND ELECTION. (a) The
4420	4420	district may issue general obligation bonds only if the bonds are
4421	4421	authorized by a majority of the district voters voting at an
4422	4422	election held for that purpose.
4423	4423	(b) The board may order a bond election on its own motion.
4424	4424	(c) The order must specify:
4425	4425	(1) the location of the polling places;
4426	4426	(2) the presiding election officers;
4427	4427	(3) the purpose for which the bonds are to be issued;
4428	4428	(4) the amount of the bonds to be authorized;
4429	4429	(5) the maximum interest rate of the bonds; and
4430	4430	(6) the maximum maturity date of the bonds.
4431	4431	(d) Notice of a bond election shall be given by publishing a
4432	4432	substantial copy of the order in a newspaper of general circulation
4433	4433	in Wilbarger County once each week for two consecutive weeks before
4434	4434	the date of the election. The first publication must occur at least
4435	4435	14 days before the date of the election. (Acts 59th Leg., R.S., Ch.
4436	4436	6, Sec. 6 (part).)
4437	4437	Sec. 1113.204. MATURITY OF GENERAL OBLIGATION BONDS.
4438	4438	District general obligation bonds must mature not later than 40
4439	4439	years after the date of issuance. (Acts 59th Leg., R.S., Ch. 6,
4440	4440	Sec. 6 (part).)
4441	4441	Sec. 1113.205. EXECUTION OF GENERAL OBLIGATION BONDS. The
4442	4442	board presiding officer shall execute the general obligation bonds
4443	4443	in the district's name, and the board secretary shall countersign
4444	4444	the bonds. (Acts 59th Leg., R.S., Ch. 6, Sec. 6 (part).)
4445	4445	Sec. 1113.206. REFUNDING BONDS. (a) District refunding
4446	4446	bonds may be issued without an election and in the manner provided
4447	4447	by this subchapter to refund outstanding bonds issued by the
4448	4448	district.
4449	4449	(b) A refunding bond may be:
4450	4450	(1) sold, with the proceeds of the refunding bond
4451	4451	applied to the payment of the outstanding bonds; or
4452	4452	(2) exchanged wholly or partly for not less than a
4453	4453	similar amount of the outstanding bonds and the unpaid matured
4454	4454	interest on those bonds. (Acts 59th Leg., R.S., Ch. 6, Sec. 6
4455	4455	(part).)
4456	4456	[Sections 1113.207-1113.250 reserved for expansion]
4457	4457	SUBCHAPTER F. TAXES
4458	4458	Sec. 1113.251. IMPOSITION OF AD VALOREM TAX. (a) On final
4459	4459	approval of the budget, the board shall impose a tax on all taxable
4460	4460	property in the district subject to district taxation.
4461	4461	(b) The board shall impose the tax to:
4462	4462	(1) pay the interest on and create a sinking fund for
4463	4463	bonds issued by the district for hospital purposes as provided by
4464	4464	this chapter;
4465	4465	(2) provide for the maintenance and operations of the
4466	4466	hospital or hospital system;
4467	4467	(3) make improvements and additions to the hospital
4468	4468	system; and
4469	4469	(4) acquire necessary sites for the hospital system by
4470	4470	purchase, lease, or condemnation. (Acts 59th Leg., R.S., Ch. 6,
4471	4471	Secs. 5 (part), 9 (part).)
4472	4472	Sec. 1113.252. TAX RATE. Unless the rate is increased as
4473	4473	provided by Section 1113.253, the board may impose the tax at a rate
4474	4474	not to exceed 50 cents on each $100 valuation of all taxable
4475	4475	property in the district. (Acts 59th Leg., R.S., Ch. 6, Sec. 5
4476	4476	(part).)
4477	4477	Sec. 1113.253. ELECTION TO INCREASE MAXIMUM TAX RATE. The
4478	4478	board may call an election to increase the district's maximum tax
4479	4479	rate to a rate not to exceed 75 cents on each $100 valuation of all
4480	4480	taxable property in the district if the board determines that an
4481	4481	increase is necessary to carry out the purposes for which the
4482	4482	initial tax rate was authorized. (Acts 59th Leg., R.S., Ch. 6, Sec.
4483	4483	7 (part).)
4484	4484	Sec. 1113.254. TAX ASSESSOR-COLLECTOR. The tax
4485	4485	assessor-collector of Wilbarger County shall assess and collect
4486	4486	taxes imposed by the district. (Acts 59th Leg., R.S., Ch. 6, Secs.
4487	4487	5 (part), 9 (part).)
4488	4488	CHAPTER 1114. WILLACY COUNTY HOSPITAL DISTRICT
4489	4489	SUBCHAPTER A. GENERAL PROVISIONS
4490	4490	Sec. 1114.001. DEFINITIONS
4491	4491	Sec. 1114.002. AUTHORITY FOR OPERATION
4492	4492	Sec. 1114.003. ESSENTIAL PUBLIC FUNCTION
4493	4493	Sec. 1114.004. DISTRICT TERRITORY
4494	4494	Sec. 1114.005. LOCATION OF HOSPITAL FACILITIES
4495	4495	Sec. 1114.006. DISTRICT SUPPORT AND MAINTENANCE NOT
4496	4496	STATE OBLIGATION
4497	4497	Sec. 1114.007. RESTRICTION ON STATE FINANCIAL
4498	4498	ASSISTANCE
4499	4499	[Sections 1114.008-1114.050 reserved for expansion]
4500	4500	SUBCHAPTER B. DISTRICT ADMINISTRATION
4501	4501	Sec. 1114.051. BOARD ELECTION; TERM
4502	4502	Sec. 1114.052. NOTICE OF ELECTION
4503	4503	Sec. 1114.053. BALLOT PETITION
4504	4504	Sec. 1114.054. QUALIFICATIONS FOR OFFICE
4505	4505	Sec. 1114.055. OATH; BOND; RECORD OF BOND
4506	4506	Sec. 1114.056. BOARD VACANCY
4507	4507	Sec. 1114.057. OFFICERS
4508	4508	Sec. 1114.058. COMPENSATION; EXPENSES
4509	4509	Sec. 1114.059. MEETINGS
4510	4510	Sec. 1114.060. VOTING REQUIREMENT
4511	4511	Sec. 1114.061. ADMINISTRATOR; ASSISTANT ADMINISTRATOR
4512	4512	Sec. 1114.062. GENERAL DUTIES OF DISTRICT
4513	4513	ADMINISTRATOR
4514	4514	Sec. 1114.063. APPOINTMENT OF STAFF; EMPLOYEES
4515	4515	Sec. 1114.064. RETIREMENT BENEFITS
4516	4516	[Sections 1114.065-1114.100 reserved for expansion]
4517	4517	SUBCHAPTER C. POWERS AND DUTIES
4518	4518	Sec. 1114.101. DISTRICT RESPONSIBILITY
4519	4519	Sec. 1114.102. RESTRICTION ON POLITICAL SUBDIVISION
4520	4520	TAXATION AND DEBT
4521	4521	Sec. 1114.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
4522	4522	Sec. 1114.104. RULES
4523	4523	Sec. 1114.105. PURCHASING AND ACCOUNTING
4524	4524	Sec. 1114.106. DISTRICT PROPERTY, FACILITIES, AND
4525	4525	EQUIPMENT
4526	4526	Sec. 1114.107. GIFTS AND ENDOWMENTS
4527	4527	Sec. 1114.108. CONSTRUCTION CONTRACTS
4528	4528	Sec. 1114.109. OPERATING AND MANAGEMENT CONTRACTS
4529	4529	Sec. 1114.110. CONTRACTS WITH GOVERNMENTAL ENTITIES
4530	4530	FOR CARE AND TREATMENT
4531	4531	Sec. 1114.111. CONTRACTS WITH GOVERNMENTAL ENTITIES
4532	4532	FOR INVESTIGATORY OR OTHER SERVICES
4533	4533	Sec. 1114.112. HEALTH CARE SERVICES
4534	4534	Sec. 1114.113. HEALTH CARE SERVICES ELIGIBILITY
4535	4535	Sec. 1114.114. MANDATED PROVIDER
4536	4536	Sec. 1114.115. NOTIFICATION OF PROVISION OF
4537	4537	NONEMERGENCY SERVICES
4538	4538	Sec. 1114.116. NOTIFICATION OF PROVISION OF EMERGENCY
4539	4539	SERVICES
4540	4540	Sec. 1114.117. PAYMENT FOR SERVICES
4541	4541	Sec. 1114.118. AUTHORITY TO SUE AND BE SUED
4542	4542	[Sections 1114.119-1114.150 reserved for expansion]
4543	4543	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4544	4544	Sec. 1114.151. BUDGET
4545	4545	Sec. 1114.152. NOTICE; HEARING; ACTION ON BUDGET
4546	4546	Sec. 1114.153. FISCAL YEAR
4547	4547	Sec. 1114.154. ANNUAL AUDIT
4548	4548	Sec. 1114.155. INSPECTION OF ANNUAL AUDIT AND DISTRICT
4549	4549	RECORDS
4550	4550	Sec. 1114.156. DEPOSITORY
4551	4551	Sec. 1114.157. SPENDING AND INVESTMENT RESTRICTIONS
4552	4552	[Sections 1114.158-1114.200 reserved for expansion]
4553	4553	SUBCHAPTER E. BONDS
4554	4554	Sec. 1114.201. GENERAL OBLIGATION BONDS
4555	4555	Sec. 1114.202. TAX TO PAY GENERAL OBLIGATION BONDS
4556	4556	Sec. 1114.203. GENERAL OBLIGATION BOND ELECTION
4557	4557	Sec. 1114.204. REVENUE BONDS
4558	4558	Sec. 1114.205. PROMISSORY NOTES
4559	4559	Sec. 1114.206. REFUNDING BONDS
4560	4560	Sec. 1114.207. MATURITY OF BONDS
4561	4561	Sec. 1114.208. EXECUTION OF BONDS
4562	4562	Sec. 1114.209. BONDS EXEMPT FROM TAXATION
4563	4563	[Sections 1114.210-1114.250 reserved for expansion]
4564	4564	SUBCHAPTER F. TAXES
4565	4565	Sec. 1114.251. IMPOSITION OF AD VALOREM TAX
4566	4566	Sec. 1114.252. TAX RATE
4567	4567	Sec. 1114.253. TAX ASSESSOR-COLLECTOR
4568	4568	[Sections 1114.254-1114.300 reserved for expansion]
4569	4569	SUBCHAPTER G. DISSOLUTION
4570	4570	Sec. 1114.301. DISSOLUTION; ELECTION
4571	4571	Sec. 1114.302. NOTICE OF ELECTION
4572	4572	Sec. 1114.303. BALLOT
4573	4573	Sec. 1114.304. ELECTION RESULTS
4574	4574	Sec. 1114.305. DETERMINATION OF DEBT
4575	4575	CHAPTER 1114. WILLACY COUNTY HOSPITAL DISTRICT
4576	4576	SUBCHAPTER A. GENERAL PROVISIONS
4577	4577	Sec. 1114.001. DEFINITIONS. In this chapter:
4578	4578	(1) "Board" means the board of directors of the
4579	4579	district.
4580	4580	(2) "Commissioners court" means the Commissioners
4581	4581	Court of Willacy County.
4582	4582	(3) "Director" means a member of the board.
4583	4583	(4) "District" means the Willacy County Hospital
4584	4584	District. (Acts 62nd Leg., R.S., Ch. 323, Sec. 1 (part); New.)
4585	4585	Sec. 1114.002. AUTHORITY FOR OPERATION. The Willacy County
4586	4586	Hospital District operates in accordance with Section 9, Article
4587	4587	IX, Texas Constitution, and has the rights, powers, and duties
4588	4588	provided by this chapter. (Acts 62nd Leg., R.S., Ch. 323, Sec. 1
4589	4589	(part).)
4590	4590	Sec. 1114.003. ESSENTIAL PUBLIC FUNCTION. The district
4591	4591	performs an essential public function in carrying out the purposes
4592	4592	of this chapter. (Acts 62nd Leg., R.S., Ch. 323, Sec. 20 (part).)
4593	4593	Sec. 1114.004. DISTRICT TERRITORY. The boundaries of the
4594	4594	district are coextensive with the boundaries of Willacy County,
4595	4595	Texas. (Acts 62nd Leg., R.S., Ch. 323, Sec. 1 (part).)
4596	4596	Sec. 1114.005. LOCATION OF HOSPITAL FACILITIES. The
4597	4597	district hospital facilities shall be constructed and located on
4598	4598	the property described by Section 10(a), Chapter 323, Acts of the
4599	4599	62nd Legislature, Regular Session, 1971. (Acts 62nd Leg., R.S.,
4600	4600	Ch. 323, Sec. 10(a) (part); New.)
4601	4601	Sec. 1114.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
4602	4602	OBLIGATION. The support and maintenance of the district and any
4603	4603	indebtedness incurred by the district under this chapter may not
4604	4604	become a charge against or obligation of this state. (Acts 62nd
4605	4605	Leg., R.S., Ch. 323, Sec. 19 (part).)
4606	4606	Sec. 1114.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
4607	4607	The legislature may not make a direct appropriation for the
4608	4608	construction, maintenance, or improvement of a district facility.
4609	4609	(Acts 62nd Leg., R.S., Ch. 323, Sec. 19 (part).)
4610	4610	[Sections 1114.008-1114.050 reserved for expansion]
4611	4611	SUBCHAPTER B. DISTRICT ADMINISTRATION
4612	4612	Sec. 1114.051. BOARD ELECTION; TERM. (a) The district is
4613	4613	governed by a board of nine directors elected as follows:
4614	4614	(1) two directors elected from each commissioners
4615	4615	precinct; and
4616	4616	(2) one director elected from the district at large.
4617	4617	(b) The two candidates receiving the most votes from a
4618	4618	commissioners precinct are the directors for that precinct. The
4619	4619	candidate receiving the most votes from the district at large is the
4620	4620	director for the district at large.
4621	4621	(c) Unless four-year terms are established under Section
4622	4622	285.081, Health and Safety Code:
4623	4623	(1) directors serve staggered two-year terms with:
4624	4624	(A) the terms of the directors elected from
4625	4625	odd-numbered precincts and the term of the director from the
4626	4626	district at large expiring each even-numbered year; and
4627	4627	(B) the terms of the directors elected from
4628	4628	even-numbered precincts expiring each odd-numbered year; and
4629	4629	(2) an election shall be held on an authorized uniform
4630	4630	election date each year to elect the appropriate number of
4631	4631	directors. (Acts 62nd Leg., R.S., Ch. 323, Secs. 4(a), (c).)
4632	4632	Sec. 1114.052. NOTICE OF ELECTION. At least 90 days before
4633	4633	the date of a directors' election, notice of the election must be
4634	4634	published one time in a newspaper or newspapers that individually
4635	4635	or collectively provide general circulation in the district. (Acts
4636	4636	62nd Leg., R.S., Ch. 323, Sec. 4(e) (part).)
4637	4637	Sec. 1114.053. BALLOT PETITION. A person who wants to have
4638	4638	the person's name printed on the ballot as a candidate for director
4639	4639	must file with the board secretary a petition requesting that
4640	4640	action. The petition must:
4641	4641	(1) be signed by at least 10 registered voters;
4642	4642	(2) be filed by the deadline imposed by Section
4643	4643	144.005, Election Code; and
4644	4644	(3) specify the commissioner precinct the person seeks
4645	4645	to represent or specify that the person seeks to represent the
4646	4646	district at large. (Acts 62nd Leg., R.S., Ch. 323, Sec. 4(e)
4647	4647	(part).)
4648	4648	Sec. 1114.054. QUALIFICATIONS FOR OFFICE. (a) To qualify
4649	4649	for election to the board, a person must be:
4650	4650	(1) a resident of the district; and
4651	4651	(2) a qualified voter.
4652	4652	(b) In addition to the qualifications required by
4653	4653	Subsection (a), a person who is elected from a commissioners
4654	4654	precinct or who is appointed to fill a vacancy for a commissioners
4655	4655	precinct must be a resident of that commissioners precinct.
4656	4656	(c) A person is not eligible to serve as a director if the
4657	4657	person is:
4658	4658	(1) the district administrator;
4659	4659	(2) a district employee;
4660	4660	(3) a member of the hospital staff; or
4661	4661	(4) an employee of a member of the hospital staff.
4662	4662	(Acts 62nd Leg., R.S., Ch. 323, Secs. 4(b), (f).)
4663	4663	Sec. 1114.055. OATH; BOND; RECORD OF BOND. (a) A person
4664	4664	elected to the board shall qualify for office by executing:
4665	4665	(1) a written oath; and
4666	4666	(2) a good and sufficient surety bond for $5,000 that
4667	4667	is:
4668	4668	(A) in the form prescribed by the board;
4669	4669	(B) payable to the district; and
4670	4670	(C) conditioned on the faithful performance of
4671	4671	the director's duties.
4672	4672	(b) Each director's bond shall be kept in the district's
4673	4673	permanent records.
4674	4674	(c) The board may pay for directors' bonds with district
4675	4675	funds. (Acts 62nd Leg., R.S., Ch. 323, Sec. 5(a) (part).)
4676	4676	Sec. 1114.056. BOARD VACANCY. If a vacancy occurs in the
4677	4677	office of director, the remaining directors by a majority vote
4678	4678	shall appoint a director for the unexpired term. (Acts 62nd Leg.,
4679	4679	R.S., Ch. 323, Sec. 4(d).)
4680	4680	Sec. 1114.057. OFFICERS. (a) The board shall elect from
4681	4681	among its members a president, a vice president, a secretary, and a
4682	4682	treasurer.
4683	4683	(b) The offices of secretary and treasurer may be held by
4684	4684	one person.
4685	4685	(c) Each officer of the board serves a one-year term.
4686	4686	(d) The board shall fill a vacancy in a board office for the
4687	4687	unexpired term. (Acts 62nd Leg., R.S., Ch. 323, Secs. 5(b), (c).)
4688	4688	Sec. 1114.058. COMPENSATION; EXPENSES. A director serves
4689	4689	without compensation but may be reimbursed for actual expenses
4690	4690	incurred in the performance of official duties. The expenses must
4691	4691	be:
4692	4692	(1) reported in the district's records; and
4693	4693	(2) approved by the board. (Acts 62nd Leg., R.S., Ch.
4694	4694	323, Sec. 5(e).)
4695	4695	Sec. 1114.059. MEETINGS. The board shall meet at least
4696	4696	once a month on a regular meeting date prescribed by the board.
4697	4697	(Acts 62nd Leg., R.S., Ch. 323, Sec. 5(f).)
4698	4698	Sec. 1114.060. VOTING REQUIREMENT. A concurrence of five
4699	4699	directors is required in any matter relating to district business.
4700	4700	(Acts 62nd Leg., R.S., Ch. 323, Sec. 5(d) (part).)
4701	4701	Sec. 1114.061. ADMINISTRATOR; ASSISTANT ADMINISTRATOR.
4702	4702	(a) The board shall appoint a qualified person as district
4703	4703	administrator.
4704	4704	(b) The board may appoint an assistant administrator.
4705	4705	(c) The administrator and any assistant administrator serve
4706	4706	at the will of the board and shall receive the compensation
4707	4707	determined by the board.
4708	4708	(d) On assuming the duties of district administrator, the
4709	4709	administrator shall execute a surety bond payable to the district
4710	4710	in an amount and form set by the board of not less than $5,000 that:
4711	4711	(1) is conditioned on the administrator faithfully
4712	4712	performing the administrator's duties; and
4713	4713	(2) contains any other conditions the board requires.
4714	4714	(Acts 62nd Leg., R.S., Ch. 323, Sec. 6(a) (part).)
4715	4715	Sec. 1114.062. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
4716	4716	Subject to any limitations prescribed by the board, the district
4717	4717	administrator shall:
4718	4718	(1) supervise the work and activities of the district;
4719	4719	and
4720	4720	(2) direct the affairs of the district. (Acts 62nd
4721	4721	Leg., R.S., Ch. 323, Sec. 6(a) (part).)
4722	4722	Sec. 1114.063. APPOINTMENT OF STAFF; EMPLOYEES. (a) The
4723	4723	board may appoint to or dismiss from the staff any doctor the board
4724	4724	considers necessary for the efficient operation of the district and
4725	4725	may make temporary appointments to the staff if warranted.
4726	4726	(b) The district may employ fiscal agents, accountants,
4727	4727	architects, and attorneys as the board considers proper.
4728	4728	(c) The board may delegate to the district administrator the
4729	4729	authority to employ district employees, including technicians and
4730	4730	nurses. (Acts 62nd Leg., R.S., Ch. 323, Secs. 6(a) (part), 15.)
4731	4731	Sec. 1114.064. RETIREMENT BENEFITS. The board may provide
4732	4732	retirement benefits for district employees by:
4733	4733	(1) establishing or administering a retirement
4734	4734	program; or
4735	4735	(2) participating in:
4736	4736	(A) the Texas County and District Retirement
4737	4737	System; or
4738	4738	(B) another statewide retirement system in which
4739	4739	the district is eligible to participate. (Acts 62nd Leg., R.S., Ch.
4740	4740	323, Sec. 6(a) (part).)
4741	4741	[Sections 1114.065-1114.100 reserved for expansion]
4742	4742	SUBCHAPTER C. POWERS AND DUTIES
4743	4743	Sec. 1114.101. DISTRICT RESPONSIBILITY. (a) The district
4744	4744	shall provide for the medical and hospital care of the district's
4745	4745	needy inhabitants, as required by Section 9, Article IX, Texas
4746	4746	Constitution, and this chapter.
4747	4747	(b) The district has full responsibility for providing
4748	4748	health care services for the district's indigent residents, subject
4749	4749	to the provisions of this chapter. (Acts 62nd Leg., R.S., Ch. 323,
4750	4750	Secs. 2, 18 (part).)
4751	4751	Sec. 1114.102. RESTRICTION ON POLITICAL SUBDIVISION
4752	4752	TAXATION AND DEBT. A political subdivision located within the
4753	4753	district may not impose a tax or issue bonds or other obligations
4754	4754	for hospital purposes or to provide medical care. (Acts 62nd Leg.,
4755	4755	R.S., Ch. 323, Sec. 18 (part).)
4756	4756	Sec. 1114.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
4757	4757	The board shall manage, control, and administer the district's
4758	4758	services, money, and resources. (Acts 62nd Leg., R.S., Ch. 323,
4759	4759	Sec. 6(a) (part).)
4760	4760	Sec. 1114.104. RULES. The board may adopt rules governing
4761	4761	the operation of the hospital, the hospital system, and the
4762	4762	district's staff and employees. (Acts 62nd Leg., R.S., Ch. 323,
4763	4763	Sec. 6(a) (part).)
4764	4764	Sec. 1114.105. PURCHASING AND ACCOUNTING. The board may
4765	4765	prescribe:
4766	4766	(1) the method and manner of making purchases and
4767	4767	expenditures by and for the district; and
4768	4768	(2) all accounting and control procedures. (Acts 62nd
4769	4769	Leg., R.S., Ch. 323, Sec. 11 (part).)
4770	4770	Sec. 1114.106. DISTRICT PROPERTY, FACILITIES, AND
4771	4771	EQUIPMENT. (a) The board may lease all or part of the district's
4772	4772	buildings and facilities on terms considered to be in the best
4773	4773	interest of the district's inhabitants. The term of the lease may
4774	4774	not exceed 25 years.
4775	4775	(b) The district may acquire equipment for use in the
4776	4776	district's hospital system and mortgage or pledge the property as
4777	4777	security for the payment of the purchase price, subject to the
4778	4778	provisions of this chapter. A contract entered into under this
4779	4779	subsection must provide that the entire obligation be retired not
4780	4780	later than the fifth anniversary of the date of the contract. (Acts
4781	4781	62nd Leg., R.S., Ch. 323, Secs. 10(c) (part), 11 (part).)
4782	4782	Sec. 1114.107. GIFTS AND ENDOWMENTS. The board may accept
4783	4783	for the district a gift or endowment to be held in trust and
4784	4784	administered by the board for the purposes and under the
4785	4785	directions, limitations, or provisions prescribed in writing by the
4786	4786	donor that are not inconsistent with the proper management and
4787	4787	object of the district. (Acts 62nd Leg., R.S., Ch. 323, Sec. 17
4788	4788	(part).)
4789	4789	Sec. 1114.108. CONSTRUCTION CONTRACTS. A construction
4790	4790	contract that involves the expenditure of more than the amount
4791	4791	provided by Section 271.024, Local Government Code, may be made
4792	4792	only after competitive bidding as provided by Subchapter B, Chapter
4793	4793	271, Local Government Code. (Acts 62nd Leg., R.S., Ch. 323, Sec. 11
4794	4794	(part).)
4795	4795	Sec. 1114.109. OPERATING AND MANAGEMENT CONTRACTS. The
4796	4796	board may enter into an operating or management contract relating
4797	4797	to a district facility. (Acts 62nd Leg., R.S., Ch. 323, Sec. 10(c)
4798	4798	(part).)
4799	4799	Sec. 1114.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
4800	4800	CARE AND TREATMENT. The board may contract with:
4801	4801	(1) any county or municipality located outside the
4802	4802	district for the care and treatment of a sick or injured person of
4803	4803	that county or municipality; and
4804	4804	(2) this state or a federal agency for the treatment of
4805	4805	a sick or injured person. (Acts 62nd Leg., R.S., Ch. 323, Sec. 6(a)
4806	4806	(part).)
4807	4807	Sec. 1114.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
4808	4808	INVESTIGATORY OR OTHER SERVICES. The board may contract with
4809	4809	another political subdivision or a governmental agency for the
4810	4810	district to provide investigatory or other services for the
4811	4811	medical, hospital, or welfare needs of district inhabitants. (Acts
4812	4812	62nd Leg., R.S., Ch. 323, Sec. 6(a) (part).)
4813	4813	Sec. 1114.112. HEALTH CARE SERVICES. (a) The district
4814	4814	shall provide the inpatient and outpatient hospital services and
4815	4815	physician services a county is required to provide under Section
4816	4816	61.028(a), Health and Safety Code.
4817	4817	(b) The district shall provide maternal labor and delivery
4818	4818	services in the district. (Acts 62nd Leg., R.S., Ch. 323, Sec.
4819	4819	16A(a).)
4820	4820	Sec. 1114.113. HEALTH CARE SERVICES ELIGIBILITY. (a) The
4821	4821	district shall provide health care assistance as required by this
4822	4822	chapter to each eligible resident of the district.
4823	4823	(b) A person is eligible for health care assistance from the
4824	4824	district if the person:
4825	4825	(1) resides within the district; and
4826	4826	(2) meets the basic income and resources eligibility
4827	4827	requirements established by the district. (Acts 62nd Leg., R.S.,
4828	4828	Ch. 323, Secs. 16(a), (b).)
4829	4829	Sec. 1114.114. MANDATED PROVIDER. The district may select
4830	4830	one or more providers of health care services and may require an
4831	4831	eligible resident to obtain care from a provider except:
4832	4832	(1) in an emergency;
4833	4833	(2) when medically inappropriate; or
4834	4834	(3) when care is not available. (Acts 62nd Leg., R.S.,
4835	4835	Ch. 323, Sec. 16A(b) (part).)
4836	4836	Sec. 1114.115. NOTIFICATION OF PROVISION OF NONEMERGENCY
4837	4837	SERVICES. (a) The district may require a mandated provider
4838	4838	selected by the district under Section 1114.114 to obtain approval
4839	4839	from the district before providing nonemergency health care
4840	4840	services to an eligible resident of the district.
4841	4841	(b) If the district has not selected a mandated provider, a
4842	4842	provider of nonemergency health care assistance must inform the
4843	4843	district of any nonemergency health care services provided to a
4844	4844	patient as required by this section.
4845	4845	(c) A provider that delivers or will deliver nonemergency
4846	4846	health care services to a patient who the provider suspects might be
4847	4847	eligible for assistance under this chapter shall notify the
4848	4848	district that nonemergency health care services have been or will
4849	4849	be provided to the patient. The provider must notify the district:
4850	4850	(1) by telephone, as soon as possible after the
4851	4851	provider determines that the patient resides in the district; and
4852	4852	(2) by mail postmarked not later than the third
4853	4853	working day after the date on which the provider determines that the
4854	4854	patient resides in the district.
4855	4855	(d) If the provider knows that the district has selected a
4856	4856	mandated provider or if, after contacting the district, the
4857	4857	district requests that the patient be transferred to a mandated
4858	4858	provider, the provider shall transfer the patient to the mandated
4859	4859	provider unless it is medically inappropriate to transfer the
4860	4860	patient.
4861	4861	(e) The provider, the patient, and the patient's family
4862	4862	shall cooperate with the district in determining if the patient is
4863	4863	an eligible resident of the district.
4864	4864	(f) Not later than the 14th day after the date on which the
4865	4865	district receives sufficient information to determine eligibility,
4866	4866	the district shall determine if the patient is eligible for
4867	4867	assistance. If the district does not determine the patient's
4868	4868	eligibility within that period, the patient is considered to be
4869	4869	eligible. The district shall notify the provider of the district's
4870	4870	decision.
4871	4871	(g) A provider that delivers nonemergency services to a
4872	4872	patient who is eligible for assistance under this chapter and fails
4873	4873	to comply with this section is not eligible for payment for the
4874	4874	services from the district. (Acts 62nd Leg., R.S., Ch. 323, Secs.
4875	4875	16A(c), (e), (f), (g) (part).)
4876	4876	Sec. 1114.116. NOTIFICATION OF PROVISION OF EMERGENCY
4877	4877	SERVICES. (a) If a patient who is eligible for assistance under
4878	4878	this chapter requires emergency services from a nonmandated
4879	4879	provider, the provider must notify the district as provided by this
4880	4880	section.
4881	4881	(b) A provider delivering emergency services to a patient
4882	4882	who the provider suspects might be eligible for assistance under
4883	4883	this chapter shall notify the district that emergency services have
4884	4884	been or will be provided to the patient. The provider must notify
4885	4885	the district:
4886	4886	(1) by telephone, as soon as possible after the
4887	4887	provider determines that the patient resides in the district; and
4888	4888	(2) by mail postmarked not later than the third
4889	4889	working day after the date on which the provider determines that the
4890	4890	patient resides in the district.
4891	4891	(c) A provider shall attempt to determine if a patient
4892	4892	resides in the district at the time the patient first receives
4893	4893	services.
4894	4894	(d) The provider, the patient, and the patient's family
4895	4895	shall cooperate with the district in determining if the patient is
4896	4896	an eligible resident of the district.
4897	4897	(e) Not later than the 14th day after the date on which the
4898	4898	district receives sufficient information to determine eligibility,
4899	4899	the district shall determine if the patient is eligible for
4900	4900	assistance. If the district does not determine the patient's
4901	4901	eligibility within that period, the patient is considered to be
4902	4902	eligible. The district shall notify the provider of the district's
4903	4903	decision.
4904	4904	(f) A provider that delivers emergency services to a patient
4905	4905	who is eligible for assistance under this chapter and fails to
4906	4906	comply with this section is not eligible for payment for the
4907	4907	services from the district. (Acts 62nd Leg., R.S., Ch. 323, Secs.
4908	4908	16A(d), (e), (f), (g) (part).)
4909	4909	Sec. 1114.117. PAYMENT FOR SERVICES. (a) To the extent
4910	4910	prescribed by this chapter, the district is liable for health care
4911	4911	services provided under this chapter by any provider, including
4912	4912	another hospital district or public hospital, to an eligible
4913	4913	resident of the district.
4914	4914	(b) The payment rates and limits prescribed by Sections
4915	4915	61.034 and 61.035, Health and Safety Code, that relate to county
4916	4916	services apply to inpatient and outpatient hospital services and
4917	4917	physician services that the district is required to provide if:
4918	4918	(1) the district is not able to provide the required
4919	4919	services or emergency services; and
4920	4920	(2) the services are provided elsewhere. (Acts 62nd
4921	4921	Leg., R.S., Ch. 323, Sec. 16B.)
4922	4922	Sec. 1114.118. AUTHORITY TO SUE AND BE SUED. (a) The
4923	4923	district, through the board, may sue and be sued.
4924	4924	(b) The district is entitled to all causes of action and
4925	4925	defenses to which similar authorities are entitled. (Acts 62nd
4926	4926	Leg., R.S., Ch. 323, Sec. 6 (part).)
4927	4927	[Sections 1114.119-1114.150 reserved for expansion]
4928	4928	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4929	4929	Sec. 1114.151. BUDGET. (a) The district administrator
4930	4930	shall prepare an annual budget for approval by the board.
4931	4931	(b) The proposed budget must contain a complete financial
4932	4932	statement of:
4933	4933	(1) the outstanding obligations of the district;
4934	4934	(2) the money received by the district from all
4935	4935	sources during the previous year;
4936	4936	(3) the money available to the district from all
4937	4937	sources during the ensuing year;
4938	4938	(4) the balances expected at the end of the year in
4939	4939	which the budget is being prepared;
4940	4940	(5) the estimated revenue and balances available to
4941	4941	cover the proposed budget;
4942	4942	(6) the estimated tax rate required; and
4943	4943	(7) the proposed expenditures and disbursements and
4944	4944	the estimated receipts and collections for the following fiscal
4945	4945	year. (Acts 62nd Leg., R.S., Ch. 323, Sec. 7(a) (part).)
4946	4946	Sec. 1114.152. NOTICE; HEARING; ACTION ON BUDGET. (a) The
4947	4947	board shall hold a public hearing each year on the proposed annual
4948	4948	budget.
4949	4949	(b) At least 10 days before the date of the hearing, notice
4950	4950	of the hearing shall be published one time in a newspaper or
4951	4951	newspapers that individually or collectively provide general
4952	4952	circulation in the district.
4953	4953	(c) Any district resident is entitled to be present and
4954	4954	participate at the hearing.
4955	4955	(d) At the conclusion of the hearing, the board shall act on
4956	4956	the budget proposed by the district administrator. The board may
4957	4957	make any changes in the proposed budget that the board judges to be
4958	4958	in the interests of the district's residents and that the law
4959	4959	warrants. (Acts 62nd Leg., R.S., Ch. 323, Sec. 7(a) (part).)
4960	4960	Sec. 1114.153. FISCAL YEAR. The district operates
4961	4961	according to a fiscal year that begins on July 1 and ends on June 30.
4962	4962	(Acts 62nd Leg., R.S., Ch. 323, Sec. 7(a) (part).)
4963	4963	Sec. 1114.154. ANNUAL AUDIT. (a) The district shall have
4964	4964	an independent annual audit made of the district's financial
4965	4965	condition for each fiscal year.
4966	4966	(b) After approval by the board, the audit shall be filed at
4967	4967	the district's office. (Acts 62nd Leg., R.S., Ch. 323, Sec. 7(a)
4968	4968	(part).)
4969	4969	Sec. 1114.155. INSPECTION OF ANNUAL AUDIT AND DISTRICT
4970	4970	RECORDS. The annual audit and other district records shall be open
4971	4971	to inspection at the district's principal office. (Acts 62nd Leg.,
4972	4972	R.S., Ch. 323, Sec. 7(a) (part).)
4973	4973	Sec. 1114.156. DEPOSITORY. (a) Every two years, the board
4974	4974	shall select one or more banks in the district to serve as a
4975	4975	depository for district money.
4976	4976	(b) All district money, other than money invested as
4977	4977	provided by Section 1114.157(b), and money transmitted to a bank
4978	4978	for payment of bonds or obligations issued or assumed by the
4979	4979	district, shall be deposited as received with the depository and
4980	4980	shall remain on deposit.
4981	4981	(c) This chapter, including Subsection (b), does not limit
4982	4982	the power of the board to:
4983	4983	(1) place a part of district money on time deposit; or
4984	4984	(2) purchase certificates of deposit, obligations of
4985	4985	the United States, or obligations guaranteed by the United States.
4986	4986	(Acts 62nd Leg., R.S., Ch. 323, Sec. 12(a).)
4987	4987	Sec. 1114.157. SPENDING AND INVESTMENT RESTRICTIONS. (a)
4988	4988	Except as otherwise provided by Section 1114.106(b) and by
4989	4989	Subchapter E, the district may not incur an obligation payable from
4990	4990	district revenue other than the revenue on hand or to be on hand in
4991	4991	the current and following district fiscal years.
4992	4992	(b) The board may invest operating, depreciation, or
4993	4993	building reserves only in funds or securities specified by Chapter
4994	4994	2256, Government Code. (Acts 62nd Leg., R.S., Ch. 323, Secs. 6(a)
4995	4995	(part), 11 (part).)
4996	4996	[Sections 1114.158-1114.200 reserved for expansion]
4997	4997	SUBCHAPTER E. BONDS
4998	4998	Sec. 1114.201. GENERAL OBLIGATION BONDS. The board may
4999	4999	issue and sell general obligation bonds in the name and on the faith
5000	5000	and credit of the district for:
5001	5001	(1) purchasing, constructing, acquiring, repairing,
5002	5002	or renovating buildings and improvements;
5003	5003	(2) equipping buildings and improvements for hospital
5004	5004	purposes;
5005	5005	(3) acquiring and operating a mobile emergency medical
5006	5006	service; and
5007	5007	(4) providing medical services. (Acts 62nd Leg.,
5008	5008	R.S., Ch. 323, Sec. 8 (part).)
5009	5009	Sec. 1114.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
5010	5010	the time general obligation bonds are issued by the district, the
5011	5011	board shall impose an ad valorem tax at a rate sufficient to create
5012	5012	an interest and sinking fund to pay the principal of and interest on
5013	5013	the bonds as the bonds mature.
5014	5014	(b) The tax required by this section, together with any
5015	5015	other ad valorem tax the district imposes, may not in any year
5016	5016	exceed the tax rate approved by the voters. (Acts 62nd Leg., R.S.,
5017	5017	Ch. 323, Sec. 8 (part).)
5018	5018	Sec. 1114.203. GENERAL OBLIGATION BOND ELECTION. (a) The
5019	5019	district may issue general obligation bonds only if the bonds are
5020	5020	authorized by a majority of the district voters voting at an
5021	5021	election held for that purpose.
5022	5022	(b) The order calling the election must specify:
5023	5023	(1) the date of the election;
5024	5024	(2) the location of the polling places;
5025	5025	(3) the amount of the bonds to be authorized;
5026	5026	(4) the maximum interest rate of the bonds; and
5027	5027	(5) the maximum maturity of the bonds.
5028	5028	(c) Notice of a bond election shall be given as provided by
5029	5029	Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. 323,
5030	5030	Sec. 8 (part).)
5031	5031	Sec. 1114.204. REVENUE BONDS. (a) The board may issue
5032	5032	revenue bonds to:
5033	5033	(1) purchase, construct, acquire, repair, equip, or
5034	5034	renovate buildings or improvements for hospital purposes;
5035	5035	(2) acquire sites to be used for hospital purposes; or
5036	5036	(3) acquire and operate a mobile emergency medical
5037	5037	service.
5038	5038	(b) The bonds must be payable from and secured by a pledge of
5039	5039	all or part of the revenue derived from the operation of the
5040	5040	district's hospital system.
5041	5041	(c) The bonds may be additionally secured by a mortgage or
5042	5042	deed of trust lien on all or part of district property.
5043	5043	(d) The bonds must be issued in the manner prescribed by
5044	5044	Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,
5045	5045	Health and Safety Code, for issuance of revenue bonds by a county
5046	5046	hospital authority. (Acts 62nd Leg., R.S., Ch. 323, Sec. 8A.)
5047	5047	Sec. 1114.205. PROMISSORY NOTES. (a) The board may execute
5048	5048	and deliver promissory notes to purchase, construct, acquire,
5049	5049	repair, equip, or renovate buildings and improvements for hospital
5050	5050	purposes.
5051	5051	(b) The notes may be secured by:
5052	5052	(1) a mortgage or deed of trust lien on all or part of
5053	5053	the district property; or
5054	5054	(2) a pledge of revenues derived from the operation of
5055	5055	the district's hospital.
5056	5056	(c) The notes may be paid from:
5057	5057	(1) taxes imposed by the district, not to exceed the
5058	5058	tax rate approved by the voters; and
5059	5059	(2) the revenues derived from the operation of the
5060	5060	district's hospital.
5061	5061	(d) The total amount of revenues pledged under Subsection
5062	5062	(b)(2) may not exceed 50 percent of the estimated revenues for the
5063	5063	period the pledge is effective. (Acts 62nd Leg., R.S., Ch. 323,
5064	5064	Sec. 9.)
5065	5065	Sec. 1114.206. REFUNDING BONDS. (a) District refunding
5066	5066	bonds may be issued to refund outstanding bonded indebtedness of
5067	5067	the district.
5068	5068	(b) A refunding bond may be:
5069	5069	(1) sold, with the proceeds of the refunding bond
5070	5070	applied to the payment of outstanding bonded indebtedness; or
5071	5071	(2) exchanged wholly or partly for not less than a
5072	5072	similar principal amount of outstanding indebtedness. (Acts 62nd
5073	5073	Leg., R.S., Ch. 323, Sec. 8B (part).)
5074	5074	Sec. 1114.207. MATURITY OF BONDS. District bonds must
5075	5075	mature not later than 50 years after the date of issuance. (Acts
5076	5076	62nd Leg., R.S., Ch. 323, Sec. 8C (part).)
5077	5077	Sec. 1114.208. EXECUTION OF BONDS. The board president
5078	5078	shall execute the district's bonds in the district's name, and the
5079	5079	board secretary shall countersign the bonds in the manner provided
5080	5080	by Chapter 618, Government Code. (Acts 62nd Leg., R.S., Ch. 323,
5081	5081	Sec. 8C (part).)
5082	5082	Sec. 1114.209. BONDS EXEMPT FROM TAXATION. The following
5083	5083	are exempt from taxation by this state or a political subdivision of
5084	5084	this state:
5085	5085	(1) bonds issued or assumed by the district;
5086	5086	(2) the transfer and issuance of the bonds; and
5087	5087	(3) profits made in the sale of the bonds. (Acts 62nd
5088	5088	Leg., R.S., Ch. 323, Sec. 20 (part).)
5089	5089	[Sections 1114.210-1114.250 reserved for expansion]
5090	5090	SUBCHAPTER F. TAXES
5091	5091	Sec. 1114.251. IMPOSITION OF AD VALOREM TAX. (a) The board
5092	5092	may impose a tax on all property in the district subject to district
5093	5093	taxation.
5094	5094	(b) The board may impose the tax to:
5095	5095	(1) pay the indebtedness issued or assumed by the
5096	5096	district; and
5097	5097	(2) maintain and operate the district. (Acts 62nd
5098	5098	Leg., R.S., Ch. 323, Secs. 13(a) (part), (c) (part).)
5099	5099	Sec. 1114.252. TAX RATE. (a) The board may impose the tax
5100	5100	at a rate not to exceed 15 cents on each $100 valuation of all
5101	5101	taxable property in the district.
5102	5102	(b) In setting the tax rate, the board shall consider the
5103	5103	income of the district from sources other than taxation. (Acts 62nd
5104	5104	Leg., R.S., Ch. 323, Secs. 3(b) (part), 13(a) (part), (b) (part).)
5105	5105	Sec. 1114.253. TAX ASSESSOR-COLLECTOR. The board may
5106	5106	provide for the appointment of a tax assessor-collector for the
5107	5107	district or may contract for the assessment and collection of taxes
5108	5108	as provided by the Tax Code. (Acts 62nd Leg., R.S., Ch. 323, Sec. 14
5109	5109	(part).)
5110	5110	[Sections 1114.254-1114.300 reserved for expansion]
5111	5111	SUBCHAPTER G. DISSOLUTION
5112	5112	Sec. 1114.301. DISSOLUTION; ELECTION. (a) The
5113	5113	commissioners court shall order an election on the question of
5114	5114	dissolution of the district if the board receives a petition of 20
5115	5115	percent of the voters in the district.
5116	5116	(b) The commissioners court on its own motion may order an
5117	5117	election on the question of dissolution of the district.
5118	5118	(c) An order calling an election under this section must
5119	5119	contain:
5120	5120	(1) the time of the election;
5121	5121	(2) the location of the polling places;
5122	5122	(3) the issue to be printed on the ballot; and
5123	5123	(4) the presiding judge for each polling place. (Acts
5124	5124	62nd Leg., R.S., Ch. 323, Secs. 23(a), (b).)
5125	5125	Sec. 1114.302. NOTICE OF ELECTION. The commissioners court
5126	5126	shall publish a substantial copy of the election order in a
5127	5127	newspaper with general circulation in the district once a week for
5128	5128	two consecutive weeks before the date of the election. (Acts 62nd
5129	5129	Leg., R.S., Ch. 323, Sec. 23(c).)
5130	5130	Sec. 1114.303. BALLOT. The ballot for an election under
5131	5131	this subchapter must provide for voting for or against the
5132	5132	following proposition: "Dissolution of the Willacy County Hospital
5133	5133	District." (Acts 62nd Leg., R.S., Ch. 323, Sec. 23(f).)
5134	5134	Sec. 1114.304. ELECTION RESULTS. (a) If a majority of the
5135	5135	voters in an election favor dissolution, the commissioners court
5136	5136	shall declare the results and order the district dissolved. A copy
5137	5137	of the order must be placed in the minutes of the commissioners
5138	5138	court.
5139	5139	(b) If the election results do not favor dissolution, the
5140	5140	commissioners court may not order another election under this
5141	5141	subchapter before the first anniversary of the date the election
5142	5142	results were officially announced.
5143	5143	(c) A copy of the election results must be filed with the
5144	5144	county clerk and become a public record. (Acts 62nd Leg., R.S., Ch.
5145	5145	323, Secs. 23(d) (part), (e).)
5146	5146	Sec. 1114.305. DETERMINATION OF DEBT. After issuing the
5147	5147	dissolution order, the commissioners court shall:
5148	5148	(1) determine the full debt owed by the district; and
5149	5149	(2) correct the last approved assessment rolls of the
5150	5150	district by adding any property accidentally omitted before the
5151	5151	dissolution order was issued. (Acts 62nd Leg., R.S., Ch. 323, Sec.
5152	5152	23(g).)
5153	5153	CHAPTER 1115. WILSON COUNTY MEMORIAL HOSPITAL DISTRICT
5154	5154	SUBCHAPTER A. GENERAL PROVISIONS
5155	5155	Sec. 1115.001. DEFINITIONS
5156	5156	Sec. 1115.002. AUTHORITY FOR OPERATION
5157	5157	Sec. 1115.003. ESSENTIAL PUBLIC FUNCTION
5158	5158	Sec. 1115.004. DISTRICT TERRITORY
5159	5159	Sec. 1115.005. DISTRICT SUPPORT AND MAINTENANCE NOT
5160	5160	STATE OBLIGATION
5161	5161	Sec. 1115.006. RESTRICTION ON STATE FINANCIAL
5162	5162	ASSISTANCE
5163	5163	[Sections 1115.007-1115.050 reserved for expansion]
5164	5164	SUBCHAPTER B. DISTRICT ADMINISTRATION
5165	5165	Sec. 1115.051. BOARD ELECTION; TERM
5166	5166	Sec. 1115.052. NOTICE OF ELECTION
5167	5167	Sec. 1115.053. BALLOT PETITION
5168	5168	Sec. 1115.054. QUALIFICATIONS FOR OFFICE
5169	5169	Sec. 1115.055. BOARD VACANCY
5170	5170	Sec. 1115.056. OFFICERS
5171	5171	Sec. 1115.057. COMPENSATION; EXPENSES
5172	5172	Sec. 1115.058. VOTING REQUIREMENT
5173	5173	Sec. 1115.059. DISTRICT ADMINISTRATOR; ASSISTANT
5174	5174	DISTRICT ADMINISTRATOR
5175	5175	Sec. 1115.060. GENERAL DUTIES OF DISTRICT
5176	5176	ADMINISTRATOR
5177	5177	Sec. 1115.061. ATTORNEY
5178	5178	Sec. 1115.062. APPOINTMENT OF STAFF AND EMPLOYEES
5179	5179	[Sections 1115.063-1115.100 reserved for expansion]
5180	5180	SUBCHAPTER C. POWERS AND DUTIES
5181	5181	Sec. 1115.101. DISTRICT RESPONSIBILITY
5182	5182	Sec. 1115.102. RESTRICTION ON POLITICAL SUBDIVISION
5183	5183	TAXATION AND DEBT
5184	5184	Sec. 1115.103. MANAGEMENT, CONTROL, AND ADMINISTRATION
5185	5185	Sec. 1115.104. HOSPITAL SYSTEM
5186	5186	Sec. 1115.105. RULES
5187	5187	Sec. 1115.106. PURCHASING AND ACCOUNTING PROCEDURES
5188	5188	Sec. 1115.107. DISTRICT PROPERTY, FACILITIES, AND
5189	5189	EQUIPMENT
5190	5190	Sec. 1115.108. EMINENT DOMAIN
5191	5191	Sec. 1115.109. GIFTS AND ENDOWMENTS
5192	5192	Sec. 1115.110. CONSTRUCTION CONTRACTS
5193	5193	Sec. 1115.111. OPERATING AND MANAGEMENT CONTRACTS
5194	5194	Sec. 1115.112. CONTRACTS WITH GOVERNMENTAL ENTITIES
5195	5195	FOR CARE AND TREATMENT
5196	5196	Sec. 1115.113. CONTRACTS WITH GOVERNMENTAL ENTITIES
5197	5197	FOR INVESTIGATORY OR OTHER SERVICES
5198	5198	Sec. 1115.114. PAYMENT FOR TREATMENT; PROCEDURES
5199	5199	Sec. 1115.115. AUTHORITY TO SUE AND BE SUED
5200	5200	Sec. 1115.116. ELECTION DATE
5201	5201	[Sections 1115.117-1115.150 reserved for expansion]
5202	5202	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
5203	5203	Sec. 1115.151. BUDGET
5204	5204	Sec. 1115.152. PROPOSED BUDGET: NOTICE AND HEARING;
5205	5205	APPROVAL OF BUDGET
5206	5206	Sec. 1115.153. AMENDMENTS TO BUDGET
5207	5207	Sec. 1115.154. RESTRICTION ON EXPENDITURES
5208	5208	Sec. 1115.155. FISCAL YEAR
5209	5209	Sec. 1115.156. ANNUAL AUDIT
5210	5210	Sec. 1115.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
5211	5211	RECORDS
5212	5212	Sec. 1115.158. FINANCIAL REPORT
5213	5213	Sec. 1115.159. DEPOSITORY
5214	5214	Sec. 1115.160. SPENDING AND INVESTMENT RESTRICTIONS
5215	5215	[Sections 1115.161-1115.200 reserved for expansion]
5216	5216	SUBCHAPTER E. BONDS
5217	5217	Sec. 1115.201. GENERAL OBLIGATION BONDS
5218	5218	Sec. 1115.202. TAX TO PAY GENERAL OBLIGATION BONDS
5219	5219	Sec. 1115.203. GENERAL OBLIGATION BOND ELECTION
5220	5220	Sec. 1115.204. MATURITY OF GENERAL OBLIGATION BONDS
5221	5221	Sec. 1115.205. EXECUTION OF GENERAL OBLIGATION BONDS
5222	5222	Sec. 1115.206. REVENUE BONDS
5223	5223	Sec. 1115.207. REFUNDING BONDS
5224	5224	Sec. 1115.208. BONDS EXEMPT FROM TAXATION
5225	5225	[Sections 1115.209-1115.250 reserved for expansion]
5226	5226	SUBCHAPTER F. TAXES
5227	5227	Sec. 1115.251. IMPOSITION OF AD VALOREM TAX
5228	5228	Sec. 1115.252. TAX RATE
5229	5229	Sec. 1115.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
5230	5230	ASSESSOR-COLLECTOR
5231	5231	Sec. 1115.254. ASSESSMENT AND COLLECTION BY DISTRICT
5232	5232	TAX ASSESSOR-COLLECTOR
5233	5233	CHAPTER 1115. WILSON COUNTY MEMORIAL HOSPITAL DISTRICT
5234	5234	SUBCHAPTER A. GENERAL PROVISIONS
5235	5235	Sec. 1115.001. DEFINITIONS. In this chapter:
5236	5236	(1) "Board" means the board of directors of the
5237	5237	district.
5238	5238	(2) "Director" means a member of the board.
5239	5239	(3) "District" means the Wilson County Memorial
5240	5240	Hospital District. (New.)
5241	5241	Sec. 1115.002. AUTHORITY FOR OPERATION. The Wilson County
5242	5242	Memorial Hospital District operates and is administered and
5243	5243	financed in accordance with Section 9, Article IX, Texas
5244	5244	Constitution, and has the rights, powers, and duties provided by
5245	5245	this chapter. (Acts 65th Leg., R.S., Ch. 511, Sec. 1 (part).)
5246	5246	Sec. 1115.003. ESSENTIAL PUBLIC FUNCTION. The district
5247	5247	performs an essential public function in carrying out the purposes
5248	5248	of this chapter. (Acts 65th Leg., R.S., Ch. 511, Sec. 21 (part).)
5249	5249	Sec. 1115.004. DISTRICT TERRITORY. The boundaries of the
5250	5250	district are coextensive with the boundaries of Wilson County,
5251	5251	Texas. (Acts 65th Leg., R.S., Ch. 511, Sec. 1 (part).)
5252	5252	Sec. 1115.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
5253	5253	OBLIGATION. The support and maintenance of the district may not
5254	5254	become a charge against or obligation of this state. (Acts 65th
5255	5255	Leg., R.S., Ch. 511, Sec. 20 (part).)
5256	5256	Sec. 1115.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
5257	5257	The legislature may not make a direct appropriation for the
5258	5258	construction, maintenance, or improvement of a district facility.
5259	5259	(Acts 65th Leg., R.S., Ch. 511, Sec. 20 (part).)
5260	5260	[Sections 1115.007-1115.050 reserved for expansion]
5261	5261	SUBCHAPTER B. DISTRICT ADMINISTRATION
5262	5262	Sec. 1115.051. BOARD ELECTION; TERM. (a) The board
5263	5263	consists of nine directors elected as follows:
5264	5264	(1) two directors elected from each county
5265	5265	commissioners precinct of Wilson County; and
5266	5266	(2) one director elected from the district at large.
5267	5267	(b) The candidate from each commissioners precinct
5268	5268	receiving the highest number of votes from that precinct is elected
5269	5269	as director from that precinct. The candidate from the district at
5270	5270	large receiving the highest number of votes from the district at
5271	5271	large is elected as the director from the district at large.
5272	5272	(c) Unless four-year terms are established under Section
5273	5273	285.081, Health and Safety Code:
5274	5274	(1) directors serve staggered two-year terms;
5275	5275	(2) each year one director is elected from each
5276	5276	precinct; and
5277	5277	(3) in odd-numbered years, a director is elected from
5278	5278	the district at large.
5279	5279	(d) A directors' election shall be held on the uniform
5280	5280	election date in May of each year or another date authorized by law.
5281	5281	(Acts 65th Leg., R.S., Ch. 511, Sec. 4(c) (part).)
5282	5282	Sec. 1115.052. NOTICE OF ELECTION. At least 30 days before
5283	5283	the date of a directors' election, notice of the election must be
5284	5284	published one time in a newspaper or newspapers that individually
5285	5285	or collectively have general circulation in the district. (Acts
5286	5286	65th Leg., R.S., Ch. 511, Sec. 4(c) (part).)
5287	5287	Sec. 1115.053. BALLOT PETITION. A person who wants to have
5288	5288	the person's name printed on the ballot as a candidate for director
5289	5289	must file with the board secretary a petition requesting that
5290	5290	action. The petition must:
5291	5291	(1) be signed by at least 15 registered voters in the
5292	5292	district; and
5293	5293	(2) be filed by the deadline imposed by Section
5294	5294	144.005, Election Code. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(c)
5295	5295	(part).)
5296	5296	Sec. 1115.054. QUALIFICATIONS FOR OFFICE. (a) A person may
5297	5297	not be elected or appointed as a director unless the person is:
5298	5298	(1) a resident of the district; and
5299	5299	(2) a qualified voter.
5300	5300	(b) A person is not eligible for election as a director from
5301	5301	a commissioners precinct unless the person is a resident of that
5302	5302	precinct.
5303	5303	(c) A person is not eligible to serve as a director if the
5304	5304	person is:
5305	5305	(1) the district administrator;
5306	5306	(2) the district attorney; or
5307	5307	(3) a district employee. (Acts 65th Leg., R.S., Ch.
5308	5308	511, Sec. 4(d).)
5309	5309	Sec. 1115.055. BOARD VACANCY. (a) If a vacancy occurs in
5310	5310	the office of director, the remaining directors shall fill the
5311	5311	vacancy for the unexpired term.
5312	5312	(b) A person appointed under Subsection (a) to fill a
5313	5313	vacancy from a precinct must be a resident of the precinct the
5314	5314	person is to represent. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(c)
5315	5315	(part).)
5316	5316	Sec. 1115.056. OFFICERS. (a) The board shall elect:
5317	5317	(1) a president and a vice president from among its
5318	5318	members; and
5319	5319	(2) a secretary, who need not be a director.
5320	5320	(b) Each officer of the board serves a one-year term.
5321	5321	(c) The board shall fill a vacancy in a board office for the
5322	5322	unexpired term. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(e) (part).)
5323	5323	Sec. 1115.057. COMPENSATION; EXPENSES. A director or
5324	5324	officer serves without compensation but may be reimbursed for
5325	5325	actual expenses incurred in the performance of official duties on
5326	5326	approval by the board. The expenses must be reported in the
5327	5327	district's records. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(e)
5328	5328	(part).)
5329	5329	Sec. 1115.058. VOTING REQUIREMENT. A concurrence of five
5330	5330	directors is sufficient in any matter relating to district
5331	5331	business. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(e) (part).)
5332	5332	Sec. 1115.059. DISTRICT ADMINISTRATOR; ASSISTANT DISTRICT
5333	5333	ADMINISTRATOR. (a) The board shall appoint a qualified person as
5334	5334	district administrator.
5335	5335	(b) The district administrator serves at the will of the
5336	5336	board and shall receive the compensation determined by the board.
5337	5337	(c) On assuming the duties of district administrator, the
5338	5338	administrator shall execute a bond payable to the district in the
5339	5339	amount set by the board of not less than $5,000 that:
5340	5340	(1) is conditioned on the administrator performing the
5341	5341	administrator's required duties; and
5342	5342	(2) contains any other condition the board requires.
5343	5343	(d) The board may appoint an assistant district
5344	5344	administrator. The assistant district administrator serves at the
5345	5345	will of the board and receives the compensation determined by the
5346	5346	board. (Acts 65th Leg., R.S., Ch. 511, Sec. 5 (part).)
5347	5347	Sec. 1115.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
5348	5348	Subject to the limitations prescribed by the board, the district
5349	5349	administrator shall:
5350	5350	(1) supervise the work and activities of the district;
5351	5351	and
5352	5352	(2) direct the affairs of the district. (Acts 65th
5353	5353	Leg., R.S., Ch. 511, Sec. 5 (part).)
5354	5354	Sec. 1115.061. ATTORNEY. (a) The board shall appoint a
5355	5355	qualified person as the attorney for the district.
5356	5356	(b) The attorney serves at the will of the board and
5357	5357	receives the compensation determined by the board. (Acts 65th
5358	5358	Leg., R.S., Ch. 511, Sec. 5 (part).)
5359	5359	Sec. 1115.062. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The
5360	5360	board may appoint to the staff any doctors the board considers
5361	5361	necessary for the efficient operation of the district and may make
5362	5362	temporary appointments as warranted.
5363	5363	(b) The district may employ fiscal agents, accountants,
5364	5364	architects, and additional attorneys as the board considers proper.
5365	5365	(c) The board may delegate to the district administrator the
5366	5366	authority to employ technicians, nurses, and district employees.
5367	5367	(Acts 65th Leg., R.S., Ch. 511, Secs. 5 (part), 16.)
5368	5368	[Sections 1115.063-1115.100 reserved for expansion]
5369	5369	SUBCHAPTER C. POWERS AND DUTIES
5370	5370	Sec. 1115.101. DISTRICT RESPONSIBILITY. The district has
5371	5371	full responsibility for operating all hospital facilities for
5372	5372	providing medical and hospital care for the district's needy
5373	5373	inhabitants. (Acts 65th Leg., R.S., Ch. 511, Sec. 19 (part).)
5374	5374	Sec. 1115.102. RESTRICTION ON POLITICAL SUBDIVISION
5375	5375	TAXATION AND DEBT. A political subdivision located wholly or
5376	5376	partly within the district may not impose a tax or issue bonds or
5377	5377	other obligations for hospital purposes or to provide medical care
5378	5378	for district residents. (Acts 65th Leg., R.S., Ch. 511, Sec. 19
5379	5379	(part).)
5380	5380	Sec. 1115.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
5381	5381	The board shall manage, control, and administer the hospital system
5382	5382	and the district's money and resources. (Acts 65th Leg., R.S., Ch.
5383	5383	511, Sec. 5 (part).)
5384	5384	Sec. 1115.104. HOSPITAL SYSTEM. (a) The district shall
5385	5385	provide for:
5386	5386	(1) the establishment of a hospital system by:
5387	5387	(A) purchasing, constructing, acquiring,
5388	5388	repairing, and renovating buildings and equipment; and
5389	5389	(B) equipping the buildings; and
5390	5390	(2) the administration of the hospital system for
5391	5391	hospital purposes.
5392	5392	(b) The hospital system may include any facilities the board
5393	5393	considers necessary for hospital care. (Acts 65th Leg., R.S., Ch.
5394	5394	511, Secs. 2 (part), 10(a) (part).)
5395	5395	Sec. 1115.105. RULES. The board may adopt rules governing
5396	5396	the operation of the hospital, the hospital system, and the
5397	5397	district's staff and employees. (Acts 65th Leg., R.S., Ch. 511,
5398	5398	Sec. 5 (part).)
5399	5399	Sec. 1115.106. PURCHASING AND ACCOUNTING PROCEDURES. The
5400	5400	board may prescribe:
5401	5401	(1) the method and manner of making purchases and
5402	5402	expenditures by and for the district; and
5403	5403	(2) all accounting and control procedures. (Acts 65th
5404	5404	Leg., R.S., Ch. 511, Sec. 10(b) (part).)
5405	5405	Sec. 1115.107. DISTRICT PROPERTY, FACILITIES, AND
5406	5406	EQUIPMENT. (a) The board shall determine the type, number, and
5407	5407	location of buildings required to maintain an adequate hospital
5408	5408	system.
5409	5409	(b) The board may lease all or part of the district's
5410	5410	buildings and facilities on terms considered to be in the best
5411	5411	interest of the district's inhabitants.
5412	5412	(c) The district may acquire equipment for use in the
5413	5413	district's hospital system and mortgage or pledge the property as
5414	5414	security for the payment of the purchase price.
5415	5415	(d) The district may sell or otherwise dispose of any
5416	5416	property, including equipment, on terms the board finds are in the
5417	5417	best interest of the district's inhabitants. (Acts 65th Leg.,
5418	5418	R.S., Ch. 511, Secs. 10(a) (part), (b) (part).)
5419	5419	Sec. 1115.108. EMINENT DOMAIN. (a) The district may
5420	5420	exercise the power of eminent domain to acquire a fee simple or
5421	5421	other interest in any type of property located in district
5422	5422	territory if the interest is necessary or convenient to a power,
5423	5423	right, or privilege conferred by this chapter.
5424	5424	(b) The district must exercise the power of eminent domain
5425	5425	in the manner provided by Chapter 21, Property Code, except the
5426	5426	district is not required to deposit in the trial court money or a
5427	5427	bond as provided by Section 21.021(a), Property Code.
5428	5428	(c) In a condemnation proceeding brought by the district,
5429	5429	the district is not required to:
5430	5430	(1) pay in advance or provide a bond or other security
5431	5431	for costs in the trial court;
5432	5432	(2) provide a bond for the issuance of a temporary
5433	5433	restraining order or a temporary injunction; or
5434	5434	(3) provide a bond for costs or a supersedeas bond on
5435	5435	an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 511,
5436	5436	Sec. 14.)
5437	5437	Sec. 1115.109. GIFTS AND ENDOWMENTS. The board may accept
5438	5438	for the district a gift or endowment to be held in trust and
5439	5439	administered by the board for the purposes and under the
5440	5440	directions, limitations, or other provisions prescribed in writing
5441	5441	by the donor that are not inconsistent with the proper management
5442	5442	and objectives of the district. (Acts 65th Leg., R.S., Ch. 511,
5443	5443	Sec. 18.)
5444	5444	Sec. 1115.110. CONSTRUCTION CONTRACTS. A construction
5445	5445	contract that involves the expenditure of more than $10,000 may be
5446	5446	made only after advertising in the manner provided by Chapter 252
5447	5447	and Subchapter C, Chapter 262, Local Government Code. (Acts 65th
5448	5448	Leg., R.S., Ch. 511, Sec. 10(b) (part).)
5449	5449	Sec. 1115.111. OPERATING AND MANAGEMENT CONTRACTS. The
5450	5450	board may enter into an operating or management contract relating
5451	5451	to a district facility. (Acts 65th Leg., R.S., Ch. 511, Sec. 10(a)
5452	5452	(part).)
5453	5453	Sec. 1115.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
5454	5454	CARE AND TREATMENT. The board may contract with:
5455	5455	(1) any county or municipality located outside the
5456	5456	district for the care and treatment of a sick or injured person of
5457	5457	that county or municipality; and
5458	5458	(2) this state or a federal agency for the treatment of
5459	5459	a sick or injured person. (Acts 65th Leg., R.S., Ch. 511, Sec. 5
5460	5460	(part).)
5461	5461	Sec. 1115.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
5462	5462	INVESTIGATORY OR OTHER SERVICES. The board may contract with
5463	5463	another political subdivision or a governmental agency for the
5464	5464	district to provide investigatory or other services for the
5465	5465	medical, hospital, or welfare needs of district inhabitants. (Acts
5466	5466	65th Leg., R.S., Ch. 511, Sec. 5 (part).)
5467	5467	Sec. 1115.114. PAYMENT FOR TREATMENT; PROCEDURES. (a)
5468	5468	When a patient who resides in the district is admitted to a district
5469	5469	facility, the district administrator may have an inquiry made into
5470	5470	the circumstances of:
5471	5471	(1) the patient; and
5472	5472	(2) the patient's relatives legally liable for the
5473	5473	patient's support.
5474	5474	(b) If the district administrator determines that the
5475	5475	patient or those relatives cannot pay for all or part of the
5476	5476	patient's care and treatment in the hospital, the amount that
5477	5477	cannot be paid becomes a charge against the district.
5478	5478	(c) If the district administrator determines that the
5479	5479	patient or those relatives can pay for all or part of the costs of
5480	5480	the patient's care and treatment, the patient or those relatives
5481	5481	shall be ordered to pay the district a specified amount each week
5482	5482	for the patient's care and support. The amount ordered must be
5483	5483	proportionate to their financial ability.
5484	5484	(d) The district administrator may collect the amount from
5485	5485	the patient's estate, or from those relatives legally liable for
5486	5486	the patient's support, in the manner provided by law for the
5487	5487	collection of expenses of the last illness of a deceased person.
5488	5488	(e) If there is a dispute as to the ability to pay, or doubt
5489	5489	in the mind of the district administrator, the board shall hold a
5490	5490	hearing and, after calling witnesses, shall:
5491	5491	(1) resolve the dispute or doubt; and
5492	5492	(2) issue any appropriate orders.
5493	5493	(f) A final order of the board may be appealed to the
5494	5494	district court. The substantial evidence rule applies to the
5495	5495	appeal. (Acts 65th Leg., R.S., Ch. 511, Sec. 17.)
5496	5496	Sec. 1115.115. AUTHORITY TO SUE AND BE SUED. The district,
5497	5497	through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch.
5498	5498	511, Sec. 5 (part).)
5499	5499	Sec. 1115.116. ELECTION DATE. Notwithstanding Section
5500	5500	41.001(a), Election Code, the board may choose the date for an
5501	5501	election held under this chapter other than a directors' election
5502	5502	under Section 1115.051. (Acts 65th Leg., R.S., Ch. 511, Sec. 3(e).)
5503	5503	[Sections 1115.117-1115.150 reserved for expansion]
5504	5504	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
5505	5505	Sec. 1115.151. BUDGET. (a) The district administrator
5506	5506	shall prepare an annual budget for approval by the board.
5507	5507	(b) The proposed budget must contain a complete financial
5508	5508	statement of:
5509	5509	(1) the outstanding obligations of the district;
5510	5510	(2) the cash on hand to the credit of each district
5511	5511	fund;
5512	5512	(3) the money received by the district from all
5513	5513	sources during the previous year;
5514	5514	(4) the money available to the district from all
5515	5515	sources during the ensuing year;
5516	5516	(5) the balances expected at the end of the year in
5517	5517	which the budget is being prepared;
5518	5518	(6) the estimated revenue and balances available to
5519	5519	cover the budget; and
5520	5520	(7) the estimated tax rate required. (Acts 65th Leg.,
5521	5521	R.S., Ch. 511, Sec. 6 (part).)
5522	5522	Sec. 1115.152. PROPOSED BUDGET: NOTICE AND HEARING;
5523	5523	APPROVAL OF BUDGET. (a) The board shall hold a public hearing on
5524	5524	the proposed annual budget.
5525	5525	(b) At least 10 days before the date of the hearing, notice
5526	5526	of the hearing must be published one time.
5527	5527	(c) Any district resident is entitled to be present and
5528	5528	participate at the hearing.
5529	5529	(d) At the conclusion of the hearing, the board shall act on
5530	5530	the budget as proposed by the district administrator. The board may
5531	5531	make any changes in the proposed budget that the board judges the
5532	5532	law warrants and the interests of the taxpayers demand. The budget
5533	5533	must be approved by the board. (Acts 65th Leg., R.S., Ch. 511, Sec.
5534	5534	6 (part).)
5535	5535	Sec. 1115.153. AMENDMENTS TO BUDGET. The annual budget may
5536	5536	be amended as required by circumstances. The board must approve all
5537	5537	amendments. (Acts 65th Leg., R.S., Ch. 511, Sec. 6 (part).)
5538	5538	Sec. 1115.154. RESTRICTION ON EXPENDITURES. Money may be
5539	5539	spent only for an expense included in the budget or an amendment to
5540	5540	the budget. (Acts 65th Leg., R.S., Ch. 511, Sec. 6 (part).)
5541	5541	Sec. 1115.155. FISCAL YEAR. (a) The district operates
5542	5542	according to a fiscal year established by the board.
5543	5543	(b) The fiscal year may not be changed:
5544	5544	(1) during a period that district revenue bonds are
5545	5545	outstanding; or
5546	5546	(2) more than once in any 24-month period. (Acts 65th
5547	5547	Leg., R.S., Ch. 511, Sec. 6 (part).)
5548	5548	Sec. 1115.156. ANNUAL AUDIT. The board annually shall have
5549	5549	an audit made of the district's financial condition. (Acts 65th
5550	5550	Leg., R.S., Ch. 511, Sec. 6 (part).)
5551	5551	Sec. 1115.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT
5552	5552	RECORDS. The annual audit and other district records shall be open
5553	5553	to inspection at the district's principal office. (Acts 65th Leg.,
5554	5554	R.S., Ch. 511, Sec. 6 (part).)
5555	5555	Sec. 1115.158. FINANCIAL REPORT. As soon as practicable
5556	5556	after the close of each fiscal year, the district administrator
5557	5557	shall prepare for the board:
5558	5558	(1) a complete sworn statement of all district money;
5559	5559	and
5560	5560	(2) a complete account of the disbursements of that
5561	5561	money. (Acts 65th Leg., R.S., Ch. 511, Sec. 6 (part).)
5562	5562	Sec. 1115.159. DEPOSITORY. (a) The board shall select one
5563	5563	or more banks inside or outside the district to serve as a
5564	5564	depository for district money.
5565	5565	(b) All district money, other than money invested as
5566	5566	provided by Section 1115.160(b) and money transmitted to a bank for
5567	5567	payment of bonds or obligations issued or assumed by the district,
5568	5568	shall be deposited as received with the depository bank and shall
5569	5569	remain on deposit.
5570	5570	(c) This chapter, including Subsection (b), does not limit
5571	5571	the power of the board to:
5572	5572	(1) place a part of district money on time deposit; or
5573	5573	(2) purchase certificates of deposit. (Acts 65th
5574	5574	Leg., R.S., Ch. 511, Sec. 11(a).)
5575	5575	Sec. 1115.160. SPENDING AND INVESTMENT RESTRICTIONS. (a)
5576	5576	Except as provided by Section 1115.107(c) and by Subchapter E, the
5577	5577	district may not incur an obligation payable from district revenue
5578	5578	other than the revenue on hand or to be on hand in the current and
5579	5579	following district fiscal years.
5580	5580	(b) The board may invest operating, depreciation, or
5581	5581	building reserves only in funds or securities specified by Chapter
5582	5582	2256, Government Code. (Acts 65th Leg., R.S., Ch. 511, Secs. 5
5583	5583	(part), 10(b) (part).)
5584	5584	[Sections 1115.161-1115.200 reserved for expansion]
5585	5585	SUBCHAPTER E. BONDS
5586	5586	Sec. 1115.201. GENERAL OBLIGATION BONDS. The board may
5587	5587	issue and sell general obligation bonds in the name and on the faith
5588	5588	and credit of the district for any purpose relating to:
5589	5589	(1) the purchase, construction, acquisition, repair,
5590	5590	or renovation of buildings and improvements; and
5591	5591	(2) equipping buildings and improvements for hospital
5592	5592	purposes. (Acts 65th Leg., R.S., Ch. 511, Sec. 7(a) (part).)
5593	5593	Sec. 1115.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
5594	5594	the time general obligation bonds are issued by the district, the
5595	5595	board shall impose an ad valorem tax at a rate sufficient to create
5596	5596	an interest and sinking fund to pay the principal of and interest on
5597	5597	the bonds as the bonds mature.
5598	5598	(b) The tax required by this section together with any other
5599	5599	ad valorem tax the district imposes may not in any year exceed 75
5600	5600	cents on each $100 valuation of all taxable property in the district
5601	5601	subject to hospital district taxation. (Acts 65th Leg., R.S., Ch.
5602	5602	511, Sec. 7(a) (part).)
5603	5603	Sec. 1115.203. GENERAL OBLIGATION BOND ELECTION. (a) The
5604	5604	district may issue general obligation bonds only if the bonds are
5605	5605	authorized by a majority of the district voters.
5606	5606	(b) The order calling the bond election must provide for
5607	5607	clerks as in county elections and must specify:
5608	5608	(1) the date of the election;
5609	5609	(2) the location of the polling places;
5610	5610	(3) the presiding and alternate election judges for
5611	5611	each polling place;
5612	5612	(4) the amount of the bonds to be authorized; and
5613	5613	(5) the maximum maturity of the bonds.
5614	5614	(c) Notice of a bond election shall be given as provided by
5615	5615	Section 1251.003, Government Code. (Acts 65th Leg., R.S., Ch. 511,
5616	5616	Sec. 7(a) (part).)
5617	5617	Sec. 1115.204. MATURITY OF GENERAL OBLIGATION BONDS.
5618	5618	District general obligation bonds must mature not later than 40
5619	5619	years after their date of issuance. (Acts 65th Leg., R.S., Ch. 511,
5620	5620	Sec. 7(c) (part).)
5621	5621	Sec. 1115.205. EXECUTION OF GENERAL OBLIGATION BONDS. The
5622	5622	board president shall execute the general obligation bonds in the
5623	5623	district's name and the board secretary shall countersign the bonds
5624	5624	in the manner provided by Chapter 618, Government Code. (Acts 65th
5625	5625	Leg., R.S., Ch. 511, Sec. 7(c) (part).)
5626	5626	Sec. 1115.206. REVENUE BONDS. (a) The board may issue
5627	5627	revenue bonds to:
5628	5628	(1) purchase, construct, acquire, repair, renovate,
5629	5629	or equip buildings and improvements for hospital purposes; or
5630	5630	(2) acquire sites to be used for hospital purposes.
5631	5631	(b) The bonds must be payable from and secured by a pledge of
5632	5632	all or part of district revenue derived from the operation of the
5633	5633	district's hospitals.
5634	5634	(c) The bonds may be additionally secured by a mortgage or
5635	5635	deed of trust lien on all or part of district property.
5636	5636	(d) The bonds must be issued in the manner and in accordance
5637	5637	with the procedures and requirements prescribed by Sections
5638	5638	264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health
5639	5639	and Safety Code, for issuance of revenue bonds by a county hospital
5640	5640	authority. (Acts 65th Leg., R.S., Ch. 511, Sec. 9 (part).)
5641	5641	Sec. 1115.207. REFUNDING BONDS. (a) The board may, without
5642	5642	an election, issue refunding bonds to refund outstanding
5643	5643	indebtedness issued or assumed by the district.
5644	5644	(b) A refunding bond may be:
5645	5645	(1) sold, with the proceeds of the refunding bond
5646	5646	applied to the payment of the outstanding indebtedness; or
5647	5647	(2) exchanged wholly or partly for not less than a
5648	5648	similar principal amount of outstanding indebtedness. (Acts 65th
5649	5649	Leg., R.S., Ch. 511, Secs. 7(a) (part), (b) (part), 9 (part).)
5650	5650	Sec. 1115.208. BONDS EXEMPT FROM TAXATION. The following
5651	5651	are exempt from taxation by this state or a political subdivision of
5652	5652	this state:
5653	5653	(1) any bonds issued by the district;
5654	5654	(2) the transfer and issuance of the bonds; and
5655	5655	(3) any profits made in the sale of the bonds. (Acts
5656	5656	65th Leg., R.S., Ch. 511, Sec. 21 (part).)
5657	5657	[Sections 1115.209-1115.250 reserved for expansion]
5658	5658	SUBCHAPTER F. TAXES
5659	5659	Sec. 1115.251. IMPOSITION OF AD VALOREM TAX. (a) The board
5660	5660	shall impose a tax on all property in the district subject to
5661	5661	district taxation.
5662	5662	(b) The board shall impose the tax to pay:
5663	5663	(1) indebtedness assumed or issued by the district;
5664	5664	and
5665	5665	(2) district maintenance and operating expenses.
5666	5666	(c) The board may not impose a tax to pay the principal of or
5667	5667	interest on revenue bonds issued under Section 1115.206. (Acts
5668	5668	65th Leg., R.S., Ch. 511, Secs. 12(a) (part), 15(a) (part).)
5669	5669	Sec. 1115.252. TAX RATE. (a) The board may impose the tax
5670	5670	at a rate not to exceed 75 cents on each $100 valuation of taxable
5671	5671	property in the district subject to district taxation.
5672	5672	(b) In setting the tax rate, the board shall consider the
5673	5673	income of the district from sources other than taxation. (Acts 65th
5674	5674	Leg., R.S., Ch. 511, Secs. 3(b) (part), 12(a) (part), (b) (part).)
5675	5675	Sec. 1115.253. ASSESSMENT AND COLLECTION BY COUNTY TAX
5676	5676	ASSESSOR-COLLECTOR. Unless the board elects to have taxes assessed
5677	5677	and collected by its own tax assessor-collector under Section
5678	5678	1115.254, the tax assessor-collector of Wilson County shall assess
5679	5679	and collect taxes imposed by and for the district. (Acts 65th Leg.,
5680	5680	R.S., Ch. 511, Secs. 15(a) (part), (b) (part).)
5681	5681	Sec. 1115.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX
5682	5682	ASSESSOR-COLLECTOR. (a) The board by majority vote may elect to
5683	5683	have district taxes assessed and collected by a tax
5684	5684	assessor-collector appointed by the board. An election under this
5685	5685	subsection must be made before December 1 and governs the manner in
5686	5686	which taxes are assessed and collected, until changed by a similar
5687	5687	resolution.
5688	5688	(b) The district tax assessor-collector must reside in the
5689	5689	district.
5690	5690	(c) The board shall set the term of employment and
5691	5691	compensation for the district tax assessor-collector. (Acts 65th
5692	5692	Leg., R.S., Ch. 511, Secs. 15(a) (part), (c) (part).)
5693	5693	CHAPTER 1116. WOOD COUNTY CENTRAL HOSPITAL DISTRICT
5694	5694	OF WOOD COUNTY, TEXAS
5695	5695	SUBCHAPTER A. GENERAL PROVISIONS
5696	5696	Sec. 1116.001. DEFINITIONS
5697	5697	Sec. 1116.002. AUTHORITY FOR CREATION
5698	5698	Sec. 1116.003. DISTRICT TERRITORY
5699	5699	Sec. 1116.004. DISTRICT SUPPORT AND MAINTENANCE NOT
5700	5700	STATE OBLIGATION
5701	5701	Sec. 1116.005. RESTRICTION ON STATE FINANCIAL
5702	5702	ASSISTANCE
5703	5703	[Sections 1116.006-1116.050 reserved for expansion]
5704	5704	SUBCHAPTER B. DISTRICT ADMINISTRATION
5705	5705	Sec. 1116.051. BOARD ELECTION; TERM
5706	5706	Sec. 1116.052. QUALIFICATIONS FOR OFFICE
5707	5707	Sec. 1116.053. BOND; RECORD OF BOND AND OATH OF OFFICE
5708	5708	Sec. 1116.054. BOARD VACANCY
5709	5709	Sec. 1116.055. OFFICERS
5710	5710	Sec. 1116.056. COMPENSATION; EXPENSES
5711	5711	Sec. 1116.057. DISTRICT ADMINISTRATOR
5712	5712	Sec. 1116.058. EMPLOYEES
5713	5713	Sec. 1116.059. MAINTENANCE OF RECORDS; PUBLIC
5714	5714	INSPECTION
5715	5715	[Sections 1116.060-1116.100 reserved for expansion]
5716	5716	SUBCHAPTER C. POWERS AND DUTIES
5717	5717	Sec. 1116.101. DISTRICT RESPONSIBILITY
5718	5718	Sec. 1116.102. RESTRICTION ON POLITICAL SUBDIVISION
5719	5719	TAXATION AND DEBT
5720	5720	Sec. 1116.103. MANAGEMENT AND CONTROL OF DISTRICT
5721	5721	Sec. 1116.104. HOSPITAL SYSTEM
5722	5722	Sec. 1116.105. RULES
5723	5723	Sec. 1116.106. PURCHASING AND ACCOUNTING
5724	5724	Sec. 1116.107. EMINENT DOMAIN
5725	5725	Sec. 1116.108. GIFTS AND ENDOWMENTS
5726	5726	Sec. 1116.109. CONTRACTS WITH POLITICAL SUBDIVISIONS
5727	5727	FOR HOSPITAL CARE
5728	5728	Sec. 1116.110. PAYMENT FOR TREATMENT; PROCEDURES
5729	5729	[Sections 1116.111-1116.150 reserved for expansion]
5730	5730	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
5731	5731	Sec. 1116.151. BUDGET
5732	5732	Sec. 1116.152. PROPOSED BUDGET: NOTICE AND HEARING
5733	5733	Sec. 1116.153. FISCAL YEAR
5734	5734	Sec. 1116.154. ANNUAL AUDIT
5735	5735	Sec. 1116.155. DEPOSITORY
5736	5736	[Sections 1116.156-1116.200 reserved for expansion]
5737	5737	SUBCHAPTER E. BONDS
5738	5738	Sec. 1116.201. BONDS
5739	5739	Sec. 1116.202. TAX TO PAY BONDS
5740	5740	Sec. 1116.203. BOND ELECTION
5741	5741	Sec. 1116.204. MATURITY OF BONDS
5742	5742	Sec. 1116.205. EXECUTION OF BONDS
5743	5743	[Sections 1116.206-1116.250 reserved for expansion]
5744	5744	SUBCHAPTER F. TAXES
5745	5745	Sec. 1116.251. IMPOSITION OF AD VALOREM TAX
5746	5746	Sec. 1116.252. TAX RATE
5747	5747	Sec. 1116.253. ELECTION TO INCREASE MAXIMUM TAX RATE;
5748	5748	ORDER; NOTICE; BALLOT
5749	5749	Sec. 1116.254. TAX ASSESSOR AND COLLECTOR
5750	5750	[Sections 1116.255-1116.300 reserved for expansion]
5751	5751	SUBCHAPTER G. EXPANSION OF DISTRICT TERRITORY TO INCLUDE MINEOLA
5752	5752	INDEPENDENT SCHOOL DISTRICT
5753	5753	Sec. 1116.301. PETITION TO EXPAND DISTRICT TERRITORY
5754	5754	Sec. 1116.302. NOTICE OF HEARING
5755	5755	Sec. 1116.303. ORDER OF ANNEXATION
5756	5756	Sec. 1116.304. RATIFICATION ELECTION
5757	5757	Sec. 1116.305. ASSUMPTION OF DEBT AND TAXES
5758	5758	Sec. 1116.306. BALLOT
5759	5759	Sec. 1116.307. COMPOSITION AND ELECTION OF BOARD
5760	5760	FOLLOWING ANNEXATION; TERMS
5761	5761	[Sections 1116.308-1116.350 reserved for expansion]
5762	5762	SUBCHAPTER H. EXPANSION OF DISTRICT TERRITORY TO INCLUDE
5763	5763	ALBA-GOLDEN, YANTIS, AND HAWKINS INDEPENDENT SCHOOL DISTRICTS
5764	5764	Sec. 1116.351. ELECTION ON EXPANSION OF DISTRICT;
5765	5765	ORDER; NOTICE
5766	5766	Sec. 1116.352. BALLOT
5767	5767	Sec. 1116.353. COMPOSITION OF BOARD AFTER ANNEXATION
5768	5768	OF ONE SCHOOL DISTRICT; TERMS; VOTING
5769	5769	REQUIREMENT
5770	5770	Sec. 1116.354. COMPOSITION OF BOARD AFTER ANNEXATION
5771	5771	OF MORE THAN ONE SCHOOL DISTRICT;
5772	5772	TERMS; VOTING REQUIREMENT
5773	5773	CHAPTER 1116. WOOD COUNTY CENTRAL HOSPITAL DISTRICT
5774	5774	OF WOOD COUNTY, TEXAS
5775	5775	SUBCHAPTER A. GENERAL PROVISIONS
5776	5776	Sec. 1116.001. DEFINITIONS. In this chapter:
5777	5777	(1) "Board" means the board of directors of the
5778	5778	district.
5779	5779	(2) "Director" means a member of the board.
5780	5780	(3) "District" means the Wood County Central Hospital
5781	5781	District of Wood County, Texas. (New.)
5782	5782	Sec. 1116.002. AUTHORITY FOR CREATION. The Wood County
5783	5783	Central Hospital District of Wood County, Texas, is created under
5784	5784	the authority of Section 9, Article IX, Texas Constitution. (Acts
5785	5785	60th Leg., R.S., Ch. 293, Sec. 1.)
5786	5786	Sec. 1116.003. DISTRICT TERRITORY. Unless the district's
5787	5787	boundaries are expanded under Subchapter G or H or other law, the
5788	5788	district is composed of the territory in the boundaries of the
5789	5789	Quitman Independent School District located in Wood County as those
5790	5790	boundaries existed on May 25, 1967. (Acts 60th Leg., R.S., Ch. 293,
5791	5791	Sec. 2.)
5792	5792	Sec. 1116.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
5793	5793	OBLIGATION. The support and maintenance of the district's hospital
5794	5794	system and any indebtedness incurred by the district under this
5795	5795	chapter may not become a charge against or obligation of this state.
5796	5796	(Acts 60th Leg., R.S., Ch. 293, Sec. 18 (part).)
5797	5797	Sec. 1116.005. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
5798	5798	The legislature may not make a direct appropriation for the
5799	5799	construction, maintenance, or improvement of a district facility.
5800	5800	(Acts 60th Leg., R.S., Ch. 293, Sec. 18 (part).)
5801	5801	[Sections 1116.006-1116.050 reserved for expansion]
5802	5802	SUBCHAPTER B. DISTRICT ADMINISTRATION
5803	5803	Sec. 1116.051. BOARD ELECTION; TERM. (a) The board
5804	5804	consists of six directors elected from the district at large unless
5805	5805	the boundaries of the district are expanded under Subchapter G or H.
5806	5806	(b) Directors serve staggered two-year terms unless:
5807	5807	(1) the alternate terms provided by Section 1116.307,
5808	5808	1116.353, or 1116.354 apply; or
5809	5809	(2) four-year terms are established under Section
5810	5810	285.081, Health and Safety Code. (Acts 60th Leg., R.S., Ch. 293,
5811	5811	Secs. 5(a) (part), (d), (e), (g).)
5812	5812	Sec. 1116.052. QUALIFICATIONS FOR OFFICE. To qualify for
5813	5813	election to the board, a person must:
5814	5814	(1) be at least 18 years of age;
5815	5815	(2) have been a resident of the district for at least
5816	5816	two years; and
5817	5817	(3) be a qualified voter of the district. (Acts 60th
5818	5818	Leg., R.S., Ch. 293, Sec. 5(b).)
5819	5819	Sec. 1116.053. BOND; RECORD OF BOND AND OATH OF OFFICE. (a)
5820	5820	Each director shall qualify for office by executing a good and
5821	5821	sufficient commercial bond for $1,000 that is:
5822	5822	(1) payable to the district; and
5823	5823	(2) conditioned on the faithful performance of the
5824	5824	director's duties.
5825	5825	(b) The district shall pay for a director's bond.
5826	5826	(c) Each director's bond and constitutional oath of office
5827	5827	shall be deposited with the district's depository for safekeeping.
5828	5828	(Acts 60th Leg., R.S., Ch. 293, Sec. 6(a) (part).)
5829	5829	Sec. 1116.054. BOARD VACANCY. If a vacancy occurs on the
5830	5830	board, the board shall appoint a director for the unexpired term.
5831	5831	(Acts 60th Leg., R.S., Ch. 293, Sec. 5(h).)
5832	5832	Sec. 1116.055. OFFICERS. The board shall elect from among
5833	5833	its members a president, a secretary, and a treasurer at the first
5834	5834	meeting after each directors' election. (Acts 60th Leg., R.S., Ch.
5835	5835	293, Sec. 6(b).)
5836	5836	Sec. 1116.056. COMPENSATION; EXPENSES. A director is not
5837	5837	entitled to compensation but is entitled to reimbursement for any
5838	5838	necessary expense incurred in the performance of official duties.
5839	5839	(Acts 60th Leg., R.S., Ch. 293, Sec. 6(c).)
5840	5840	Sec. 1116.057. DISTRICT ADMINISTRATOR. (a) The board may
5841	5841	employ a district administrator to manage the operations of the
5842	5842	hospital system.
5843	5843	(b) The district administrator may employ necessary
5844	5844	personnel to perform the services provided by the hospital system.
5845	5845	(Acts 60th Leg., R.S., Ch. 293, Sec. 11(e) (part).)
5846	5846	Sec. 1116.058. EMPLOYEES. The board may employ an
5847	5847	attorney, a general manager, a bookkeeper, an architect, and other
5848	5848	employees necessary for the efficient operation of the district.
5849	5849	(Acts 60th Leg., R.S., Ch. 293, Sec. 11(e) (part).)
5850	5850	Sec. 1116.059. MAINTENANCE OF RECORDS; PUBLIC INSPECTION.
5851	5851	Except as provided by Section 1116.053, the board shall:
5852	5852	(1) maintain all district records, including books,
5853	5853	accounts, notices, minutes, and other matters of the district and
5854	5854	the district's operation, at the district office; and
5855	5855	(2) make those records available for public inspection
5856	5856	at reasonable times. (Acts 60th Leg., R.S., Ch. 293, Sec. 11(b).)
5857	5857	[Sections 1116.060-1116.100 reserved for expansion]
5858	5858	SUBCHAPTER C. POWERS AND DUTIES
5859	5859	Sec. 1116.101. DISTRICT RESPONSIBILITY. The district shall
5860	5860	provide all necessary medical and hospital care for the district's
5861	5861	needy inhabitants. (Acts 60th Leg., R.S., Ch. 293, Sec. 3 (part).)
5862	5862	Sec. 1116.102. RESTRICTION ON POLITICAL SUBDIVISION
5863	5863	TAXATION AND DEBT. A political subdivision of this state, other
5864	5864	than the district, may not impose a tax or issue bonds or other
5865	5865	obligations to provide hospital service or medical care in the
5866	5866	district. (Acts 60th Leg., R.S., Ch. 293, Sec. 3 (part).)
5867	5867	Sec. 1116.103. MANAGEMENT AND CONTROL OF DISTRICT. The
5868	5868	board has full power to manage and control the district. (Acts 60th
5869	5869	Leg., R.S., Ch. 293, Secs. 5(a) (part), 11(a) (part).)
5870	5870	Sec. 1116.104. HOSPITAL SYSTEM. The district has the
5871	5871	responsibility to establish a hospital or hospital system within
5872	5872	its boundaries to provide hospital and medical care to the
5873	5873	district's residents. (Acts 60th Leg., R.S., Ch. 293, Sec. 3
5874	5874	(part).)
5875	5875	Sec. 1116.105. RULES. (a) The board shall adopt rules for
5876	5876	the efficient operation of the district and district facilities.
5877	5877	(b) The board shall:
5878	5878	(1) publish the rules in book form; and
5879	5879	(2) provide copies to interested persons on request at
5880	5880	district expense. (Acts 60th Leg., R.S., Ch. 293, Sec. 11(c).)
5881	5881	Sec. 1116.106. PURCHASING AND ACCOUNTING. The board may
5882	5882	prescribe the method of making purchases and expenditures and the
5883	5883	manner of accounting and control used by the district. (Acts 60th
5884	5884	Leg., R.S., Ch. 293, Sec. 11(e) (part).)
5885	5885	Sec. 1116.107. EMINENT DOMAIN. (a) The district may
5886	5886	exercise the power of eminent domain to acquire a fee simple or
5887	5887	other interest in real, personal, or mixed property located in
5888	5888	district territory if the interest is necessary or convenient to
5889	5889	exercise a power or duty conferred on the district by this chapter.
5890	5890	(b) The district must exercise the power of eminent domain
5891	5891	in the manner provided by Chapter 21, Property Code, except that the
5892	5892	district is not required to deposit in the trial court money or a
5893	5893	bond as otherwise required by Section 21.021(a), Property Code.
5894	5894	(c) In a condemnation proceeding, the district is not
5895	5895	required to:
5896	5896	(1) pay in advance or provide a bond or other security
5897	5897	for costs in the trial court; or
5898	5898	(2) provide a bond for costs or a supersedeas bond on
5899	5899	an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 293,
5900	5900	Sec. 14.)
5901	5901	Sec. 1116.108. GIFTS AND ENDOWMENTS. The board may accept
5902	5902	for the district a gift or endowment to be held in trust and
5903	5903	administered by the board under the directions, limitations, or
5904	5904	other provisions prescribed in writing by the donor that are not
5905	5905	inconsistent with the proper management of the district. (Acts
5906	5906	60th Leg., R.S., Ch. 293, Sec. 11(f).)
5907	5907	Sec. 1116.109. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR
5908	5908	HOSPITAL CARE. The board may contract with a political subdivision
5909	5909	to provide hospital and medical care for needy persons who reside
5910	5910	outside the district. (Acts 60th Leg., R.S., Ch. 293, Sec. 11(g).)
5911	5911	Sec. 1116.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) A
5912	5912	person who resides in the district is entitled to receive necessary
5913	5913	medical and hospital care regardless of whether the person has the
5914	5914	ability to pay for the care. The person may apply to receive this
5915	5915	care without cost.
5916	5916	(b) The board or the district administrator shall employ a
5917	5917	person to investigate the ability of the patient and any relative
5918	5918	liable for the patient's support to pay for the medical and hospital
5919	5919	care received by the patient.
5920	5920	(c) If the investigator finds that neither the patient nor
5921	5921	those relatives can pay all or part of the patient's care, the
5922	5922	expense of this care becomes a charge against the district.
5923	5923	(d) If the patient or those relatives can pay for all or part
5924	5924	of the costs of the patient's care, the board shall order the
5925	5925	patient or relative to pay to the district treasurer each week an
5926	5926	amount specified in the order. The amount must be proportionate to
5927	5927	the person's ability to pay.
5928	5928	(e) The district may collect the amount from the patient's
5929	5929	estate, or from any relative liable for the patient's support, in
5930	5930	the manner provided by law for the collection of expenses of the
5931	5931	last illness of a deceased person.
5932	5932	(f) If there is a dispute as to the ability to pay, or doubt
5933	5933	in the mind of the investigator, the board shall hold a hearing and,
5934	5934	after calling witnesses, shall:
5935	5935	(1) determine the question; and
5936	5936	(2) make the proper order based on the board's
5937	5937	findings.
5938	5938	(g) A party to the hearing who is not satisfied with the
5939	5939	result of the order may appeal to the district court. The appeal is
5940	5940	de novo, as that term is used in an appeal from a justice court to a
5941	5941	county court. (Acts 60th Leg., R.S., Ch. 293, Sec. 13.)
5942	5942	[Sections 1116.111-1116.150 reserved for expansion]
5943	5943	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
5944	5944	Sec. 1116.151. BUDGET. The board shall prepare a budget
5945	5945	that includes:
5946	5946	(1) proposed expenditures and disbursements;
5947	5947	(2) estimated receipts and collections for the next
5948	5948	fiscal year; and
5949	5949	(3) the amount of taxes required to be imposed during
5950	5950	the next fiscal year to meet the proposed budget. (Acts 60th Leg.,
5951	5951	R.S., Ch. 293, Sec. 12(b).)
5952	5952	Sec. 1116.152. PROPOSED BUDGET: NOTICE AND HEARING. (a)
5953	5953	The board shall hold a public hearing on the proposed budget.
5954	5954	(b) Notice of the hearing must be published at least once in
5955	5955	a newspaper of general circulation in the district not later than
5956	5956	the 10th day before the date of the hearing.
5957	5957	(c) Any qualified property tax paying voter is entitled to:
5958	5958	(1) appear at the hearing; and
5959	5959	(2) be heard regarding any item in the proposed
5960	5960	budget. (Acts 60th Leg., R.S., Ch. 293, Secs. 12(c), (d).)
5961	5961	Sec. 1116.153. FISCAL YEAR. The district's fiscal year is
5962	5962	from October 1 to September 30. (Acts 60th Leg., R.S., Ch. 293,
5963	5963	Sec. 12(a).)
5964	5964	Sec. 1116.154. ANNUAL AUDIT. (a) The board annually shall
5965	5965	require an independent audit of the district's books and records.
5966	5966	(b) Not later than December 1 of each year, the board shall
5967	5967	file a copy of the audit with:
5968	5968	(1) the comptroller; and
5969	5969	(2) the district. (Acts 60th Leg., R.S., Ch. 293, Sec.
5970	5970	11(d).)
5971	5971	Sec. 1116.155. DEPOSITORY. (a) The board by resolution
5972	5972	shall designate a bank in Wood County as the district's depository.
5973	5973	A designated bank serves for two years and until a successor is
5974	5974	designated.
5975	5975	(b) All district money shall be deposited in the depository
5976	5976	and secured in the manner provided for securing county funds. (Acts
5977	5977	60th Leg., R.S., Ch. 293, Sec. 15.)
5978	5978	[Sections 1116.156-1116.200 reserved for expansion]
5979	5979	SUBCHAPTER E. BONDS
5980	5980	Sec. 1116.201. BONDS. (a) The district may issue bonds
5981	5981	to:
5982	5982	(1) purchase, construct, acquire, repair, or renovate
5983	5983	buildings and improvements; and
5984	5984	(2) equip buildings for hospital purposes.
5985	5985	(b) The total face value of the bonds may not exceed the
5986	5986	amount specified in the election order. (Acts 60th Leg., R.S., Ch.
5987	5987	293, Secs. 9(a) (part), 10(a).)
5988	5988	Sec. 1116.202. TAX TO PAY BONDS. The board may issue bonds
5989	5989	under Section 1116.201 only if the board imposes an ad valorem tax
5990	5990	at a rate sufficient to create an interest and sinking fund to pay
5991	5991	the principal of and interest on the bonds as the bonds mature.
5992	5992	(Acts 60th Leg., R.S., Ch. 293, Sec. 10(c).)
5993	5993	Sec. 1116.203. BOND ELECTION. (a) The board may issue
5994	5994	bonds under Section 1116.201 only if the bonds are authorized by a
5995	5995	majority of the district voters voting in an election held for that
5996	5996	purpose.
5997	5997	(b) The board may order a bond election at any time.
5998	5998	(c) The order calling an election must include:
5999	5999	(1) the time of the election;
6000	6000	(2) the location of the polling places;
6001	6001	(3) the form of the ballots;
6002	6002	(4) the presiding judge for each polling place;
6003	6003	(5) the purpose of the bond issuance;
6004	6004	(6) the amount of the bonds to be issued;
6005	6005	(7) the maximum interest rate of the bonds; and
6006	6006	(8) the maximum maturity date of the bonds.
6007	6007	(d) A substantial copy of the election order shall be
6008	6008	published in a newspaper of general circulation in the district
6009	6009	once a week for two consecutive weeks before the date of the
6010	6010	election. The first notice must be published at least 14 days
6011	6011	before the date of the election.
6012	6012	(e) A copy of the election results must be filed with the
6013	6013	county clerk and become a public record. (Acts 60th Leg., R.S., Ch.
6014	6014	293, Secs. 4(b), (c), (d) (part), 9(a) (part), (b), (d).)
6015	6015	Sec. 1116.204. MATURITY OF BONDS. District bonds must
6016	6016	mature not later than 40 years after the date of issuance. (Acts
6017	6017	60th Leg., R.S., Ch. 293, Sec. 9(c) (part).)
6018	6018	Sec. 1116.205. EXECUTION OF BONDS. The board president
6019	6019	shall execute the district's bonds in the district's name, and the
6020	6020	board secretary shall countersign the bonds. (Acts 60th Leg.,
6021	6021	R.S., Ch. 293, Sec. 10(b) (part).)
6022	6022	[Sections 1116.206-1116.250 reserved for expansion]
6023	6023	SUBCHAPTER F. TAXES
6024	6024	Sec. 1116.251. IMPOSITION OF AD VALOREM TAX. (a) The board
6025	6025	shall impose a tax on all property in the district subject to
6026	6026	district taxation.
6027	6027	(b) The tax may be used only to:
6028	6028	(1) pay the interest on and create a sinking fund for
6029	6029	bonds issued under this chapter;
6030	6030	(2) provide for the operation and maintenance of the
6031	6031	district and the hospital system;
6032	6032	(3) make improvements and additions to the hospital
6033	6033	system; and
6034	6034	(4) acquire sites for additions to the hospital
6035	6035	system. (Acts 60th Leg., R.S., Ch. 293, Secs. 8(a) (part), (c).)
6036	6036	Sec. 1116.252. TAX RATE. Unless the tax rate is increased
6037	6037	as provided by Section 1116.253, the board may impose the tax at a
6038	6038	rate not to exceed 35 cents on each $100 valuation of all property
6039	6039	in the district subject to taxation. (Acts 60th Leg., R.S., Ch.
6040	6040	293, Sec. 8(a) (part).)
6041	6041	Sec. 1116.253. ELECTION TO INCREASE MAXIMUM TAX RATE;
6042	6042	ORDER; NOTICE; BALLOT. (a) The board may order an election to
6043	6043	increase the district's maximum tax rate to a rate not to exceed 75
6044	6044	cents on each $100 valuation of all property in the district subject
6045	6045	to district taxation.
6046	6046	(b) The maximum tax rate may not be increased unless the
6047	6047	increase is approved by a majority of the district voters voting in
6048	6048	an election held for that purpose.
6049	6049	(c) The board shall give notice of the election in the
6050	6050	manner provided for a bond election under Section 1116.203.
6051	6051	(d) The election order must provide for clerks as in county
6052	6052	elections and must state:
6053	6053	(1) the date of the election;
6054	6054	(2) the location of the polling places;
6055	6055	(3) the form of the ballot; and
6056	6056	(4) the presiding judge and alternate judge for each
6057	6057	polling place.
6058	6058	(e) The ballot for an election shall be printed to permit
6059	6059	voting for or against the proposition: "The imposition of a tax not
6060	6060	to exceed 75 cents on the $100 valuation on all property in the
6061	6061	district subject to hospital district taxation."
6062	6062	(f) The board shall declare the results of the election.
6063	6063	(g) An election to increase the maximum tax rate may not be
6064	6064	held under this section before the first anniversary of the date of
6065	6065	any preceding election on the same proposition.
6066	6066	(h) Section 41.001(a), Election Code, does not apply to an
6067	6067	election ordered under this section. (Acts 60th Leg., R.S., Ch.
6068	6068	293, Sec. 7A (part).)
6069	6069	Sec. 1116.254. TAX ASSESSOR AND COLLECTOR. The Wood County
6070	6070	tax assessor-collector shall collect taxes for the district. (Acts
6071	6071	60th Leg., R.S., Ch. 293, Sec. 8(d) (part).)
6072	6072	[Sections 1116.255-1116.300 reserved for expansion]
6073	6073	SUBCHAPTER G. EXPANSION OF DISTRICT TERRITORY TO INCLUDE MINEOLA
6074	6074	INDEPENDENT SCHOOL DISTRICT
6075	6075	Sec. 1116.301. PETITION TO EXPAND DISTRICT TERRITORY. (a)
6076	6076	Registered voters of a defined territory composed of all territory
6077	6077	within the boundaries of the Mineola Independent School District
6078	6078	may file a petition with the board secretary requesting inclusion
6079	6079	of the territory in the district.
6080	6080	(b) The petition must be signed by the lesser of 50
6081	6081	registered voters of the territory or a majority of those voters.
6082	6082	(Acts 60th Leg., R.S., Ch. 293, Sec. 7C(a).)
6083	6083	Sec. 1116.302. NOTICE OF HEARING. (a) The board shall set
6084	6084	a time and place to hold a hearing on the petition.
6085	6085	(b) The hearing shall be held not earlier than the 31st day
6086	6086	after the date the board issues the order. (Acts 60th Leg., R.S.,
6087	6087	Ch. 293, Sec. 7C(b).)
6088	6088	Sec. 1116.303. ORDER OF ANNEXATION. If, after the hearing,
6089	6089	the board determines that annexation of the territory into the
6090	6090	district would be feasible and would benefit the district, the
6091	6091	board may approve the annexation by a resolution entered in its
6092	6092	minutes. (Acts 60th Leg., R.S., Ch. 293, Sec. 7C(c).)
6093	6093	Sec. 1116.304. RATIFICATION ELECTION. (a) Annexation of
6094	6094	territory is final when approved by a majority of the voters at:
6095	6095	(1) an election held in the district; and
6096	6096	(2) a separate election held on the same date in the
6097	6097	territory to be annexed.
6098	6098	(b) Section 41.001(a), Election Code, does not apply to an
6099	6099	election held under this section. (Acts 60th Leg., R.S., Ch. 293,
6100	6100	Secs. 7C(d) (part), (f) (part).)
6101	6101	Sec. 1116.305. ASSUMPTION OF DEBT AND TAXES. If the
6102	6102	district has outstanding debts or taxes, the voters in the
6103	6103	elections to approve annexation must determine whether the annexed
6104	6104	territory will assume its portion of the debts or taxes on
6105	6105	annexation. (Acts 60th Leg., R.S., Ch. 293, Sec. 7C(d) (part).)
6106	6106	Sec. 1116.306. BALLOT. The ballot for the elections shall
6107	6107	be printed to permit voting for or against the following, as
6108	6108	applicable:
6109	6109	(1) "Adding the territory within the boundaries of the
6110	6110	Mineola Independent School District to the Wood County Central
6111	6111	Hospital District of Wood County."
6112	6112	(2) "The territory within the boundaries of the
6113	6113	Mineola Independent School District assuming its proportionate
6114	6114	share of the outstanding debts and taxes of the Wood County Central
6115	6115	Hospital District of Wood County, if it is added to the district."
6116	6116	(Acts 60th Leg., R.S., Ch. 293, Sec. 7C(e).)
6117	6117	Sec. 1116.307. COMPOSITION AND ELECTION OF BOARD FOLLOWING
6118	6118	ANNEXATION; TERMS. (a) If annexation is approved, the board shall
6119	6119	appoint a resident of the Mineola Independent School District to
6120	6120	serve as a temporary director until the date of the next regular
6121	6121	election of directors.
6122	6122	(b) Notwithstanding any other provision of this chapter,
6123	6123	beginning on the date the temporary director is appointed as
6124	6124	required by Subsection (a) and ending on the date a majority of the
6125	6125	directors elected in the next regular election have qualified for
6126	6126	office:
6127	6127	(1) the board is composed of seven directors; and
6128	6128	(2) a concurrence of four directors is sufficient in
6129	6129	any matter relating to district business.
6130	6130	(c) Notwithstanding any other provision of this chapter, on
6131	6131	the date of the next regular election following the approval of
6132	6132	annexation:
6133	6133	(1) five directors shall be elected from the area of
6134	6134	the district that is composed of the jurisdiction of the Quitman
6135	6135	Independent School District as those boundaries existed on May 25,
6136	6136	1967;
6137	6137	(2) five directors shall be elected from the area of
6138	6138	the district that is composed of the jurisdiction of the Mineola
6139	6139	Independent School District as those boundaries existed on the date
6140	6140	annexation was approved; and
6141	6141	(3) three directors shall be elected from the district
6142	6142	at large.
6143	6143	(d) Notwithstanding any other provision of this chapter, on
6144	6144	the date a majority of the directors elected to the board under
6145	6145	Subsection (c) have qualified for office:
6146	6146	(1) the term of office of any director elected or
6147	6147	appointed to the board before that election expires; and
6148	6148	(2) the directors elected to the board under
6149	6149	Subsection (c) shall draw lots to determine:
6150	6150	(A) which director elected from the area of the
6151	6151	district that is composed of the jurisdiction of the Quitman
6152	6152	Independent School District, as those boundaries existed on May 25,
6153	6153	1967, serves a one-year term, which two directors elected from that
6154	6154	area serve two-year terms, and which two directors elected from
6155	6155	that area serve three-year terms;
6156	6156	(B) which director elected from the area of the
6157	6157	district that is composed of the jurisdiction of the Mineola
6158	6158	Independent School District, as those boundaries existed on the
6159	6159	date annexation was approved, serves a one-year term, which two
6160	6160	directors elected from that area serve two-year terms, and which
6161	6161	two directors elected from that area serve three-year terms; and
6162	6162	(C) which director elected from the district at
6163	6163	large serves a one-year term, which director elected from the
6164	6164	district at large serves a two-year term, and which director
6165	6165	elected from the district at large serves a three-year term.
6166	6166	(e) Notwithstanding any other provision of this chapter,
6167	6167	beginning on the date a majority of the directors elected under
6168	6168	Subsection (c) qualify for office:
6169	6169	(1) the board is composed of 13 directors; and
6170	6170	(2) a concurrence of seven directors is sufficient in
6171	6171	any matter relating to district business.
6172	6172	(f) Successor directors shall be elected as provided by
6173	6173	Subsections (c) and (d) so that:
6174	6174	(1) five directors are elected from the area of the
6175	6175	district that is composed of the jurisdiction of the Quitman
6176	6176	Independent School District as those boundaries existed on May 25,
6177	6177	1967;
6178	6178	(2) five directors are elected from the area of the
6179	6179	district that is composed of the jurisdiction of the Mineola
6180	6180	Independent School District as those boundaries existed on the date
6181	6181	annexation was approved; and
6182	6182	(3) three directors are elected from the district at
6183	6183	large.
6184	6184	(g) Following each decennial federal census, the board
6185	6185	shall evaluate the electoral areas described by Subsection (f) to
6186	6186	ensure that the areas comply with the requirements of federal
6187	6187	election laws and shall adjust the jurisdiction of the areas in
6188	6188	accordance with federal requirements. (Acts 60th Leg., R.S., Ch.
6189	6189	293, Secs. 7C(g), (h) (part), (i), (j), (k) (part), (l), (m).)
6190	6190	[Sections 1116.308-1116.350 reserved for expansion]
6191	6191	SUBCHAPTER H. EXPANSION OF DISTRICT TERRITORY TO INCLUDE
6192	6192	ALBA-GOLDEN, YANTIS, AND HAWKINS INDEPENDENT SCHOOL DISTRICTS
6193	6193	Sec. 1116.351. ELECTION ON EXPANSION OF DISTRICT; ORDER;
6194	6194	NOTICE. (a) The board may order one or more elections in the area
6195	6195	of one or more of the following independent school districts, as
6196	6196	they were constituted on May 15, 1979, on the question of whether
6197	6197	that area shall be included in the district:
6198	6198	(1) Alba-Golden;
6199	6199	(2) Yantis; and
6200	6200	(3) Hawkins.
6201	6201	(b) The area of a school district in which an election is
6202	6202	held is included in the district if a majority of registered voters
6203	6203	in that school district voting at the election approve annexation.
6204	6204	(c) The board shall give notice of the election in the
6205	6205	district and in the area of each school district sought to be
6206	6206	included in the district in the manner provided for a bond election
6207	6207	under Section 1116.203.
6208	6208	(d) The election order must provide for clerks as in county
6209	6209	elections and must state:
6210	6210	(1) the date of the election;
6211	6211	(2) the location of the polling places;
6212	6212	(3) the form of the ballot; and
6213	6213	(4) the presiding judge and alternate judge for each
6214	6214	polling place.
6215	6215	(e) The board shall declare the results of the election.
6216	6216	(f) An election to expand district territory to include the
6217	6217	area of a school district may not be held under this section before
6218	6218	the first anniversary of the date of an election on the same
6219	6219	proposition.
6220	6220	(g) Section 41.001(a), Election Code, does not apply to an
6221	6221	election ordered under this section. (Acts 60th Leg., R.S., Ch.
6222	6222	293, Secs. 7B(a), (b) (part), (c) (part).)
6223	6223	Sec. 1116.352. BALLOT. The ballot for an election shall be
6224	6224	printed to permit voting for or against the proposition: "The
6225	6225	inclusion of the area of the (name of district) Independent School
6226	6226	District in the Wood County Central Hospital District; providing
6227	6227	for the imposition of annual taxes for hospital purposes and to pay
6228	6228	that area's share of the hospital district's debt at a rate not to
6229	6229	exceed (maximum tax rate in the district) cents on the $100
6230	6230	valuation of all taxable property within the district." (Acts 60th
6231	6231	Leg., R.S., Ch. 293, Sec. 7B(b) (part).)
6232	6232	Sec. 1116.353. COMPOSITION OF BOARD AFTER ANNEXATION OF ONE
6233	6233	SCHOOL DISTRICT; TERMS; VOTING REQUIREMENT. (a) If a majority of
6234	6234	the voters in the area of only one of the school districts approve
6235	6235	annexation, the board shall appoint a resident of that area to serve
6236	6236	as a director until the next regular election of directors.
6237	6237	(b) Successors to a director appointed under Subsection (a)
6238	6238	are elected from the district at large and serve two-year terms.
6239	6239	(c) During any time the board is composed of seven
6240	6240	directors, a concurrence of four is sufficient in any matter
6241	6241	relating to district business. (Acts 60th Leg., R.S., Ch. 293, Sec.
6242	6242	7B(d) (part).)
6243	6243	Sec. 1116.354. COMPOSITION OF BOARD AFTER ANNEXATION OF
6244	6244	MORE THAN ONE SCHOOL DISTRICT; TERMS; VOTING REQUIREMENT. (a) If a
6245	6245	majority of the voters in the area of more than one school district
6246	6246	approve annexation, the board may appoint two directors who are
6247	6247	residents of the annexed area to serve in addition to the six
6248	6248	sitting directors, for a total of eight directors.
6249	6249	(b) If the board appoints two directors under Subsection
6250	6250	(a), the board shall appoint:
6251	6251	(1) one director to serve until the next regular
6252	6252	election of directors following appointment; and
6253	6253	(2) one director to serve until the election of
6254	6254	directors following the next regular election of directors.
6255	6255	(c) During any time the board is composed of eight
6256	6256	directors, a concurrence of five is sufficient in any matter
6257	6257	relating to district business. (Acts 60th Leg., R.S., Ch. 293, Sec.
6258	6258	7B(e) (part).)
6259	6259	CHAPTER 1117. YOAKUM HOSPITAL DISTRICT
6260	6260	SUBCHAPTER A. GENERAL PROVISIONS
6261	6261	Sec. 1117.001. DEFINITIONS
6262	6262	Sec. 1117.002. AUTHORITY FOR OPERATION
6263	6263	Sec. 1117.003. ESSENTIAL PUBLIC FUNCTION
6264	6264	Sec. 1117.004. DISTRICT TERRITORY
6265	6265	Sec. 1117.005. CORRECTION OF INVALID PROCEDURES
6266	6266	Sec. 1117.006. DISTRICT SUPPORT AND MAINTENANCE NOT
6267	6267	STATE OBLIGATION
6268	6268	Sec. 1117.007. RESTRICTION ON STATE FINANCIAL
6269	6269	ASSISTANCE
6270	6270	[Sections 1117.008-1117.050 reserved for expansion]
6271	6271	SUBCHAPTER B. DISTRICT ADMINISTRATION
6272	6272	Sec. 1117.051. BOARD ELECTION; TERM
6273	6273	Sec. 1117.052. NOTICE OF ELECTION
6274	6274	Sec. 1117.053. QUALIFICATIONS FOR OFFICE
6275	6275	Sec. 1117.054. BOND; RECORD OF BOND AND OATH
6276	6276	Sec. 1117.055. BOARD VACANCY
6277	6277	Sec. 1117.056. OFFICERS
6278	6278	Sec. 1117.057. COMPENSATION; EXPENSES
6279	6279	Sec. 1117.058. VOTING REQUIREMENT
6280	6280	Sec. 1117.059. DISTRICT ADMINISTRATOR
6281	6281	Sec. 1117.060. GENERAL DUTIES OF DISTRICT
6282	6282	ADMINISTRATOR
6283	6283	Sec. 1117.061. EMPLOYEES
6284	6284	Sec. 1117.062. MEDICAL DIRECTOR
6285	6285	Sec. 1117.063. RETIREMENT PROGRAM; INSURANCE OR
6286	6286	MEDICAL PROTECTION PROGRAM
6287	6287	[Sections 1117.064-1117.100 reserved for expansion]
6288	6288	SUBCHAPTER C. POWERS AND DUTIES
6289	6289	Sec. 1117.101. DISTRICT RESPONSIBILITY
6290	6290	Sec. 1117.102. RESTRICTION ON COUNTY OR MUNICIPAL
6291	6291	TAXATION
6292	6292	Sec. 1117.103. MANAGEMENT AND CONTROL
6293	6293	Sec. 1117.104. HOSPITAL SYSTEM
6294	6294	Sec. 1117.105. RULES
6295	6295	Sec. 1117.106. PURCHASING AND ACCOUNTING
6296	6296	Sec. 1117.107. EMINENT DOMAIN
6297	6297	Sec. 1117.108. GIFTS AND ENDOWMENTS
6298	6298	Sec. 1117.109. CONTRACTS WITH GOVERNMENTAL ENTITIES
6299	6299	FOR CARE AND TREATMENT
6300	6300	Sec. 1117.110. PAYMENT FOR TREATMENT; PROCEDURES
6301	6301	Sec. 1117.111. AUTHORITY TO SUE AND BE SUED
6302	6302	[Sections 1117.112-1117.150 reserved for expansion]
6303	6303	SUBCHAPTER D. CHANGE IN BOUNDARIES
6304	6304	Sec. 1117.151. ANNEXATION; TERRITORY SUBJECT TO
6305	6305	ANNEXATION
6306	6306	Sec. 1117.152. ELECTION
6307	6307	Sec. 1117.153. ELECTION RESULT; EFFECT
6308	6308	[Sections 1117.154-1117.200 reserved for expansion]
6309	6309	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
6310	6310	Sec. 1117.201. BUDGET
6311	6311	Sec. 1117.202. NOTICE; HEARING
6312	6312	Sec. 1117.203. FISCAL YEAR
6313	6313	Sec. 1117.204. ANNUAL AUDIT
6314	6314	Sec. 1117.205. FINANCIAL REPORT
6315	6315	Sec. 1117.206. INSPECTION OF DISTRICT RECORDS AND
6316	6316	REPORTS
6317	6317	Sec. 1117.207. DEPOSITORY OR TREASURER
6318	6318	[Sections 1117.208-1117.250 reserved for expansion]
6319	6319	SUBCHAPTER F. BONDS
6320	6320	Sec. 1117.251. GENERAL OBLIGATION BONDS
6321	6321	Sec. 1117.252. TAX TO PAY GENERAL OBLIGATION BONDS
6322	6322	Sec. 1117.253. GENERAL OBLIGATION BOND ELECTION
6323	6323	Sec. 1117.254. EXECUTION OF GENERAL OBLIGATION BONDS
6324	6324	Sec. 1117.255. REFUNDING BONDS
6325	6325	Sec. 1117.256. BONDS EXEMPT FROM TAXATION
6326	6326	[Sections 1117.257-1117.300 reserved for expansion]
6327	6327	SUBCHAPTER G. TAXES
6328	6328	Sec. 1117.301. IMPOSITION OF AD VALOREM TAX
6329	6329	Sec. 1117.302. TAX RATE
6330	6330	Sec. 1117.303. TAX ASSESSOR-COLLECTOR
6331	6331	CHAPTER 1117. YOAKUM HOSPITAL DISTRICT
6332	6332	SUBCHAPTER A. GENERAL PROVISIONS
6333	6333	Sec. 1117.001. DEFINITIONS. In this chapter:
6334	6334	(1) "Board" means the board of directors of the
6335	6335	district.
6336	6336	(2) "Director" means a member of the board.
6337	6337	(3) "District" means the Yoakum Hospital District.
6338	6338	(New.)
6339	6339	Sec. 1117.002. AUTHORITY FOR OPERATION. The Yoakum
6340	6340	Hospital District operates in accordance with Section 9, Article
6341	6341	IX, Texas Constitution, and has the powers and responsibilities
6342	6342	provided by that section and this chapter. (Acts 59th Leg., R.S.,
6343	6343	Ch. 317, Sec. 1 (part).)
6344	6344	Sec. 1117.003. ESSENTIAL PUBLIC FUNCTION. The district
6345	6345	performs an essential public function in carrying out the purposes
6346	6346	of this chapter. (Acts 59th Leg., R.S., Ch. 317, Sec. 8 (part).)
6347	6347	Sec. 1117.004. DISTRICT TERRITORY. Unless modified under
6348	6348	Subchapter D, the district is composed of the territory described
6349	6349	by Section 1, Chapter 317, Acts of the 59th Legislature, Regular
6350	6350	Session, 1965. (New.)
6351	6351	Sec. 1117.005. CORRECTION OF INVALID PROCEDURES. If a
6352	6352	court holds that any procedure under this chapter violates the
6353	6353	constitution of this state or of the United States, the district by
6354	6354	resolution may provide an alternative procedure that conforms with
6355	6355	the constitution. (Acts 59th Leg., R.S., Ch. 317, Sec. 20 (part).)
6356	6356	Sec. 1117.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE
6357	6357	OBLIGATION. The support and maintenance of the district may not
6358	6358	become a charge against or obligation of this state. (Acts 59th
6359	6359	Leg., R.S., Ch. 317, Sec. 16 (part).)
6360	6360	Sec. 1117.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE.
6361	6361	The legislature may not make a direct appropriation for the
6362	6362	construction, maintenance, or improvement of a district facility.
6363	6363	(Acts 59th Leg., R.S., Ch. 317, Sec. 16 (part).)
6364	6364	[Sections 1117.008-1117.050 reserved for expansion]
6365	6365	SUBCHAPTER B. DISTRICT ADMINISTRATION
6366	6366	Sec. 1117.051. BOARD ELECTION; TERM. (a) The district is
6367	6367	governed by a board of seven elected directors.
6368	6368	(b) Directors serve staggered three-year terms, with the
6369	6369	terms of two or three directors expiring each year, as appropriate.
6370	6370	(Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).)
6371	6371	Sec. 1117.052. NOTICE OF ELECTION. (a) At least 10 days
6372	6372	before the date of a directors' election, notice of the election
6373	6373	must be published one time in a newspaper of general circulation in
6374	6374	the district.
6375	6375	(b) The notice and order must specify the last day for
6376	6376	filing. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).)
6377	6377	Sec. 1117.053. QUALIFICATIONS FOR OFFICE. A person may not
6378	6378	be elected or appointed as a director unless the person:
6379	6379	(1) is a resident of the district;
6380	6380	(2) owns property in the district subject to taxation;
6381	6381	and
6382	6382	(3) is at least 18 years of age at the time of election
6383	6383	or appointment. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).)
6384	6384	Sec. 1117.054. BOND; RECORD OF BOND AND OATH. (a) Each
6385	6385	director shall execute a good and sufficient bond for $1,000 that
6386	6386	is:
6387	6387	(1) payable to the district; and
6388	6388	(2) conditioned on the faithful performance of the
6389	6389	director's duties.
6390	6390	(b) Each director's bond and constitutional oath of office
6391	6391	shall be deposited with the district's depository bank for
6392	6392	safekeeping. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).)
6393	6393	Sec. 1117.055. BOARD VACANCY. If a vacancy occurs in the
6394	6394	office of director, the remaining directors shall appoint a
6395	6395	director for the unexpired term. (Acts 59th Leg., R.S., Ch. 317,
6396	6396	Sec. 4 (part).)
6397	6397	Sec. 1117.056. OFFICERS. The board shall annually elect
6398	6398	from among its members a president, a vice president, and a
6399	6399	secretary. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).)
6400	6400	Sec. 1117.057. COMPENSATION; EXPENSES. A director serves
6401	6401	without compensation but may be reimbursed for actual expenses
6402	6402	incurred in the performance of official duties on approval of the
6403	6403	expenses by the entire board. (Acts 59th Leg., R.S., Ch. 317, Sec.
6404	6404	5 (part).)
6405	6405	Sec. 1117.058. VOTING REQUIREMENT. A concurrence of four
6406	6406	directors is sufficient in any matter relating to district
6407	6407	business. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).)
6408	6408	Sec. 1117.059. DISTRICT ADMINISTRATOR. (a) The board may
6409	6409	appoint a qualified person as district administrator.
6410	6410	(b) The district administrator serves at the will of the
6411	6411	board and receives the compensation determined by the board.
6412	6412	(c) The tenure of the district administrator's contract may
6413	6413	not exceed two years.
6414	6414	(d) On assuming the duties of district administrator, the
6415	6415	administrator shall execute a bond payable to the district in an
6416	6416	amount set by the board of not less than $10,000 that:
6417	6417	(1) is conditioned on the administrator performing the
6418	6418	administrator's duties; and
6419	6419	(2) contains other conditions the board may require.
6420	6420	(Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).)
6421	6421	Sec. 1117.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
6422	6422	(a) Subject to the direct control and responsibility of the board
6423	6423	and any limitations prescribed by the board, the district
6424	6424	administrator shall:
6425	6425	(1) supervise the work and activities of the district;
6426	6426	and
6427	6427	(2) direct the affairs of the district.
6428	6428	(b) The board must confirm the appointment of a person
6429	6429	employed by the district administrator. (Acts 59th Leg., R.S., Ch.
6430	6430	317, Sec. 5 (part).)
6431	6431	Sec. 1117.061. EMPLOYEES. (a) The board may employ
6432	6432	employees, including doctors, technicians, nurses, bookkeepers,
6433	6433	financial advisors, architects, lawyers, and clerks, as considered
6434	6434	necessary or convenient for the efficient operation of the district
6435	6435	or a district hospital or hospital system, or to discharge the
6436	6436	district's duties, obligations, and responsibility in the
6437	6437	provision of medical and hospital care.
6438	6438	(b) An employee serves at the will of the board and receives
6439	6439	the compensation determined by the board. (Acts 59th Leg., R.S.,
6440	6440	Ch. 317, Sec. 5 (part).)
6441	6441	Sec. 1117.062. MEDICAL DIRECTOR. (a) The board shall
6442	6442	appoint a medical director.
6443	6443	(b) To be qualified for appointment as the medical director,
6444	6444	a person must:
6445	6445	(1) be a doctor of medicine; and
6446	6446	(2) actively practice medicine in the district.
6447	6447	(c) The medical director is in charge of all matters of a
6448	6448	medical nature in the district, subject to any rules adopted by the
6449	6449	board.
6450	6450	(d) The medical director is entitled to:
6451	6451	(1) attend all meetings of the board; and
6452	6452	(2) take part in all board discussions.
6453	6453	(e) The medical director may not vote at a meeting of the
6454	6454	board. (Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).)
6455	6455	Sec. 1117.063. RETIREMENT PROGRAM; INSURANCE OR MEDICAL
6456	6456	PROTECTION PROGRAM. The board may enter into any contract as
6457	6457	required to establish or continue a retirement program or insurance
6458	6458	or medical protection program for the benefit of the district's
6459	6459	employees. (Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).)
6460	6460	[Sections 1117.064-1117.100 reserved for expansion]
6461	6461	SUBCHAPTER C. POWERS AND DUTIES
6462	6462	Sec. 1117.101. DISTRICT RESPONSIBILITY. The district has
6463	6463	full responsibility for:
6464	6464	(1) providing medical and hospital care for the
6465	6465	district's needy inhabitants; and
6466	6466	(2) operating all hospital facilities for providing
6467	6467	medical and hospital care for needy or indigent persons in the
6468	6468	district. (Acts 59th Leg., R.S., Ch. 317, Secs. 2 (part), 15
6469	6469	(part).)
6470	6470	Sec. 1117.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION.
6471	6471	A county, any part of which is in the district, or a municipality in
6472	6472	the district may not issue bonds or other obligations or impose a
6473	6473	tax on property in the district for hospital purposes for medical
6474	6474	treatment of needy or indigent persons of the district. (Acts 59th
6475	6475	Leg., R.S., Ch. 317, Sec. 15 (part).)
6476	6476	Sec. 1117.103. MANAGEMENT AND CONTROL. (a) The management
6477	6477	and control of the district is vested in the board.
6478	6478	(b) The district, through the board, has every power, right,
6479	6479	and privilege incident to the ownership of land, buildings, and
6480	6480	personal property and the complete operation, management, and
6481	6481	maintenance of a hospital or hospital system, including the power
6482	6482	to:
6483	6483	(1) negotiate and contract with any person to purchase
6484	6484	or lease land or a hospital;
6485	6485	(2) construct and equip a hospital or hospital system;
6486	6486	(3) acquire and own land and a hospital and lease the
6487	6487	land and hospital, with all hospital equipment and facilities, to
6488	6488	any person to conduct the complete operation, management, and
6489	6489	maintenance of a hospital or hospital system in consideration of a
6490	6490	fair and reasonable annual payment to defray all or part of the
6491	6491	district's annual capital outlay or debt service requirements; and
6492	6492	(4) negotiate and contract with other political
6493	6493	subdivisions of this state or private individuals, associations, or
6494	6494	corporations for a purpose described by this subsection.
6495	6495	(c) A contract or lease described by Subsection (b) must
6496	6496	assure the provision of medical and hospital care for the
6497	6497	district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 317, Sec.
6498	6498	5 (part).)
6499	6499	Sec. 1117.104. HOSPITAL SYSTEM. The district shall provide
6500	6500	for:
6501	6501	(1) the establishment of a hospital system by:
6502	6502	(A) purchasing, constructing, acquiring,
6503	6503	repairing, or renovating buildings and equipment; and
6504	6504	(B) equipping the buildings; and
6505	6505	(2) the administration of the hospital system for
6506	6506	hospital purposes. (Acts 59th Leg., R.S., Ch. 317, Sec. 2 (part).)
6507	6507	Sec. 1117.105. RULES. The district, through the board, may
6508	6508	adopt rules for the operation of the district. (Acts 59th Leg.,
6509	6509	R.S., Ch. 317, Sec. 5 (part).)
6510	6510	Sec. 1117.106. PURCHASING AND ACCOUNTING. The board may
6511	6511	prescribe:
6512	6512	(1) the method and manner of making purchases and
6513	6513	expenditures by and for the district; and
6514	6514	(2) all accounting and control procedures. (Acts 59th
6515	6515	Leg., R.S., Ch. 317, Sec. 5 (part).)
6516	6516	Sec. 1117.107. EMINENT DOMAIN. (a) The district may
6517	6517	exercise the power of eminent domain to acquire a fee simple or
6518	6518	other interest in any type of property located in district
6519	6519	territory if the interest is necessary to a power, right, or
6520	6520	privilege conferred by this chapter.
6521	6521	(b) The district must exercise the power of eminent domain
6522	6522	in the manner provided by Chapter 21, Property Code, except that the
6523	6523	district is not required to deposit in the trial court money or a
6524	6524	bond as provided by Section 21.021(a), Property Code.
6525	6525	(c) In a condemnation proceeding brought by the district,
6526	6526	the district is not required to:
6527	6527	(1) pay in advance or provide a bond or other security
6528	6528	for costs in the trial court;
6529	6529	(2) provide a bond for the issuance of a temporary
6530	6530	restraining order or a temporary injunction; or
6531	6531	(3) provide a bond for costs or a supersedeas bond on
6532	6532	an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 317,
6533	6533	Sec. 12.)
6534	6534	Sec. 1117.108. GIFTS AND ENDOWMENTS. The board may accept
6535	6535	for the district a gift or endowment to be held in trust and
6536	6536	administered by the board for the purposes and under any
6537	6537	directions, limitations, or other provisions prescribed in writing
6538	6538	by the donor that are not inconsistent with the proper management
6539	6539	and objectives of the district. (Acts 59th Leg., R.S., Ch. 317,
6540	6540	Sec. 18.)
6541	6541	Sec. 1117.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
6542	6542	CARE AND TREATMENT. The board may contract with:
6543	6543	(1) any county or municipality located outside the
6544	6544	district for the care and treatment of a sick or injured person of
6545	6545	that county or municipality; and
6546	6546	(2) this state or a federal agency for the treatment of
6547	6547	a sick, disabled, or injured person for whom the state or the
6548	6548	federal government is responsible. (Acts 59th Leg., R.S., Ch. 317,
6549	6549	Sec. 5 (part).)
6550	6550	Sec. 1117.110. PAYMENT FOR TREATMENT; PROCEDURES. (a)
6551	6551	When a patient who resides in the district has been admitted to a
6552	6552	district facility, the board shall have an inquiry made into the
6553	6553	circumstances of:
6554	6554	(1) the patient; and
6555	6555	(2) the patient's relatives legally liable for the
6556	6556	patient's support.
6557	6557	(b) If an agent designated by the district to handle the
6558	6558	inquiry determines that the patient or those relatives cannot pay
6559	6559	for all or part of the patient's care and treatment in the hospital,
6560	6560	the amount that cannot be paid becomes a charge against the
6561	6561	district.
6562	6562	(c) If the board determines that the patient or those
6563	6563	relatives are liable to pay for all or part of the patient's care
6564	6564	and treatment, the patient or those relatives shall be ordered to
6565	6565	pay to the district's treasurer a specified amount each week for the
6566	6566	patient's support. The amount ordered must be proportionate to
6567	6567	their financial ability and may not exceed the actual per capita
6568	6568	cost of maintenance.
6569	6569	(d) The district may collect the amount from the patient's
6570	6570	estate, or from those relatives legally liable for the patient's
6571	6571	support, in the manner provided by law for the collection of
6572	6572	expenses of the last illness of a deceased person.
6573	6573	(e) If there is a dispute as to the ability to pay, or doubt
6574	6574	in the mind of the district's designated agent, the board shall hold
6575	6575	a hearing and, after calling witnesses, shall:
6576	6576	(1) resolve the dispute or doubt; and
6577	6577	(2) issue any appropriate order.
6578	6578	(f) Either party to the dispute may appeal the order to the
6579	6579	district court. (Acts 59th Leg., R.S., Ch. 317, Sec. 17.)
6580	6580	Sec. 1117.111. AUTHORITY TO SUE AND BE SUED. The district,
6581	6581	through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch.
6582	6582	317, Sec. 5 (part).)
6583	6583	[Sections 1117.112-1117.150 reserved for expansion]
6584	6584	SUBCHAPTER D. CHANGE IN BOUNDARIES
6585	6585	Sec. 1117.151. ANNEXATION; TERRITORY SUBJECT TO
6586	6586	ANNEXATION. The board may adopt an order to annex territory that is
6587	6587	adjacent to the district if an election is called by the board in
6588	6588	accordance with this subchapter. (Acts 59th Leg., R.S., Ch. 317,
6589	6589	Sec. 14 (part).)
6590	6590	Sec. 1117.152. ELECTION. An election described by Section
6591	6591	1117.151 must be confined to the territory proposed to be annexed to
6592	6592	the district. (Acts 59th Leg., R.S., Ch. 317, Sec. 14 (part).)
6593	6593	Sec. 1117.153. ELECTION RESULT; EFFECT. On approval of the
6594	6594	annexation by a majority of the voters in the territory proposed to
6595	6595	be annexed, the territory:
6596	6596	(1) becomes a part of the district;
6597	6597	(2) is liable for the territory's pro rata share of the
6598	6598	district's indebtedness; and
6599	6599	(3) shall impose taxes on property in the district for
6600	6600	the payment of the district's debt and obligations. (Acts 59th
6601	6601	Leg., R.S., Ch. 317, Sec. 14 (part).)
6602	6602	[Sections 1117.154-1117.200 reserved for expansion]
6603	6603	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
6604	6604	Sec. 1117.201. BUDGET. The board shall prepare an annual
6605	6605	budget, with the assistance of the district administrator, that
6606	6606	corresponds to the district's fiscal year. (Acts 59th Leg., R.S.,
6607	6607	Ch. 317, Secs. 5 (part), 19 (part).)
6608	6608	Sec. 1117.202. NOTICE; HEARING. (a) Before an annual
6609	6609	budget described by Section 1117.201 is adopted, the board shall
6610	6610	call a public hearing on the budget.
6611	6611	(b) Notice of the hearing must be published in a newspaper
6612	6612	of general circulation in the district not later than the 10th day
6613	6613	before the date of the hearing.
6614	6614	(c) After the budget is adopted, the following must be
6615	6615	published one time in a newspaper of general circulation in the
6616	6616	district:
6617	6617	(1) a brief form of the adopted budget by general
6618	6618	heading;
6619	6619	(2) the annual budget for the preceding fiscal year in
6620	6620	a form similar to the form described by Subdivision (1); and
6621	6621	(3) the actual expenditures for the preceding fiscal
6622	6622	year, including fiscal year account balances. (Acts 59th Leg.,
6623	6623	R.S., Ch. 317, Sec. 19 (part).)
6624	6624	Sec. 1117.203. FISCAL YEAR. The board may establish a
6625	6625	fiscal year for the district. (Acts 59th Leg., R.S., Ch. 317, Sec.
6626	6626	5 (part).)
6627	6627	Sec. 1117.204. ANNUAL AUDIT. Promptly after the close of
6628	6628	each fiscal year, the board shall have an annual audit made of the
6629	6629	district's books and records by an independent public accountant.
6630	6630	(Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).)
6631	6631	Sec. 1117.205. FINANCIAL REPORT. After the close of each
6632	6632	fiscal year, the district administrator shall prepare for the
6633	6633	board:
6634	6634	(1) a complete sworn statement of all district money;
6635	6635	and
6636	6636	(2) a complete account of all disbursements of that
6637	6637	money. (Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).)
6638	6638	Sec. 1117.206. INSPECTION OF DISTRICT RECORDS AND REPORTS.
6639	6639	The district's financial books and records, annual audit reports,
6640	6640	district administrator's statement, and annual budget shall be open
6641	6641	to reasonable inspection at the district's principal office. (Acts
6642	6642	59th Leg., R.S., Ch. 317, Sec. 5 (part).)
6643	6643	Sec. 1117.207. DEPOSITORY OR TREASURER. (a) The board
6644	6644	shall designate one or more banks in the district to serve as
6645	6645	depository or treasurer for district money.
6646	6646	(b) District money shall be immediately deposited on
6647	6647	receipt with a depository bank, except that sufficient money must
6648	6648	be remitted to an appropriate bank to pay the principal of and
6649	6649	interest on the district's outstanding bonds on or before the
6650	6650	maturity date of the principal and interest.
6651	6651	(c) To the extent that money in a depository bank is not
6652	6652	insured by the Federal Deposit Insurance Corporation, the money
6653	6653	must be secured in the manner provided by law for the security of
6654	6654	county funds.
6655	6655	(d) Membership on the district's board of an officer or
6656	6656	director of a bank does not disqualify that bank from being
6657	6657	designated as depository. (Acts 59th Leg., R.S., Ch. 317, Sec. 11.)
6658	6658	[Sections 1117.208-1117.250 reserved for expansion]
6659	6659	SUBCHAPTER F. BONDS
6660	6660	Sec. 1117.251. GENERAL OBLIGATION BONDS. (a) The board may
6661	6661	issue and sell general obligation bonds in the name and on the faith
6662	6662	and credit of the district for any purpose related to the purchase,
6663	6663	construction, acquisition, repair, or renovation of buildings and
6664	6664	improvements, and equipping buildings and improvements for
6665	6665	hospitals and the hospital system, as determined by the board.
6666	6666	(b) The board shall issue the bonds in compliance with the
6667	6667	applicable provisions of Subtitles A and C, Title 9, Government
6668	6668	Code. (Acts 59th Leg., R.S., Ch. 317, Sec. 7 (part).)
6669	6669	Sec. 1117.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At
6670	6670	the time general obligation bonds are issued under Section
6671	6671	1117.251, the board shall impose an ad valorem tax at a rate
6672	6672	sufficient to create an interest and sinking fund and to pay the
6673	6673	principal of and interest on the bonds as the bonds mature.
6674	6674	(b) The tax required by this section together with any other
6675	6675	tax imposed for the district may not in any year exceed 75 cents on
6676	6676	each $100 valuation of taxable property in the district. (Acts 59th
6677	6677	Leg., R.S., Ch. 317, Sec. 7 (part).)
6678	6678	Sec. 1117.253. GENERAL OBLIGATION BOND ELECTION. (a) The
6679	6679	district may issue general obligation bonds only if the bonds are
6680	6680	authorized by a majority of the district voters voting at an
6681	6681	election held for that purpose.
6682	6682	(b) The board shall call the election. The election must be
6683	6683	held in accordance with Chapter 1251, Government Code.
6684	6684	(c) The election order must specify:
6685	6685	(1) the date of the election;
6686	6686	(2) the amount of the bonds to be authorized;
6687	6687	(3) the maximum maturity of the bonds;
6688	6688	(4) the maximum interest rate of the bonds;
6689	6689	(5) the location of the polling places; and
6690	6690	(6) the presiding election officers.
6691	6691	(d) Notice of a bond election shall be given by publishing a
6692	6692	substantial copy of the election order in a newspaper of general
6693	6693	circulation in the district once each week for two consecutive
6694	6694	weeks before the date of the election. The first publication must
6695	6695	occur at least 20 days before the date of the election. (Acts 59th
6696	6696	Leg., R.S., Ch. 317, Sec. 7 (part).)
6697	6697	Sec. 1117.254. EXECUTION OF GENERAL OBLIGATION BONDS. The
6698	6698	board president shall execute the general obligation bonds in the
6699	6699	district's name, and the board secretary shall attest the bonds as
6700	6700	provided by Chapter 618, Government Code. (Acts 59th Leg., R.S.,
6701	6701	Ch. 317, Sec. 7 (part).)
6702	6702	Sec. 1117.255. REFUNDING BONDS. (a) The district may,
6703	6703	without an election, issue refunding bonds to refund any bond or
6704	6704	other refundable indebtedness issued or assumed by the district.
6705	6705	(b) A refunding bond may be:
6706	6706	(1) sold, with the proceeds of the refunding bond
6707	6707	applied to the payment of the outstanding bonds or other refundable
6708	6708	indebtedness; or
6709	6709	(2) exchanged wholly or partly for not less than a
6710	6710	similar principal amount of the outstanding bonds or other
6711	6711	refundable indebtedness. (Acts 59th Leg., R.S., Ch. 317, Sec. 7
6712	6712	(part).)
6713	6713	Sec. 1117.256. BONDS EXEMPT FROM TAXATION. The following
6714	6714	are exempt from taxation by this state or a political subdivision of
6715	6715	this state:
6716	6716	(1) bonds issued by the district;
6717	6717	(2) the transfer and issuance of the bonds; and
6718	6718	(3) any profits made in the sale of the bonds. (Acts
6719	6719	59th Leg., R.S., Ch. 317, Sec. 8 (part).)
6720	6720	[Sections 1117.257-1117.300 reserved for expansion]
6721	6721	SUBCHAPTER G. TAXES
6722	6722	Sec. 1117.301. IMPOSITION OF AD VALOREM TAX. (a) The board
6723	6723	shall impose a tax on all taxable property in the district subject
6724	6724	to district taxation.
6725	6725	(b) The board shall impose the tax to:
6726	6726	(1) pay the interest on and create a sinking fund for
6727	6727	bonds issued or assumed by the district for hospital purposes as
6728	6728	provided by this chapter;
6729	6729	(2) provide for the operation and maintenance of the
6730	6730	district and hospital system; and
6731	6731	(3) make improvements and additions to the hospitals
6732	6732	or hospital system and acquire necessary land and sites for the
6733	6733	hospitals or hospital system by purchase, lease, or condemnation.
6734	6734	(Acts 59th Leg., R.S., Ch. 317, Sec. 10 (part).)
6735	6735	Sec. 1117.302. TAX RATE. The board may impose the tax at a
6736	6736	rate not to exceed 75 cents on each $100 valuation of all taxable
6737	6737	property in the district. (Acts 59th Leg., R.S., Ch. 317, Sec. 10
6738	6738	(part).)
6739	6739	Sec. 1117.303. TAX ASSESSOR-COLLECTOR. The tax
6740	6740	assessor-collector of:
6741	6741	(1) DeWitt County shall assess and collect taxes
6742	6742	imposed by the district on all taxable property in DeWitt County;
6743	6743	(2) Lavaca County shall assess and collect taxes
6744	6744	imposed by the district on all taxable property in Lavaca County;
6745	6745	and
6746	6746	(3) Gonzales County shall assess and collect taxes
6747	6747	imposed by the district on all taxable property in Gonzales County.
6748	6748	(Acts 59th Leg., R.S., Ch. 317, Sec. 10 (part).)
6749	6749	SECTION 1.02. Subtitle E, Title 6, Special District Local
6750	6750	Laws Code, is amended by adding Chapters 7803 and 7805 to read as
6751	6751	follows:
6752	6752	CHAPTER 7803. IRVING FLOOD CONTROL DISTRICT SECTION I
6753	6753	SUBCHAPTER A. GENERAL PROVISIONS
6754	6754	Sec. 7803.001. DEFINITIONS
6755	6755	Sec. 7803.002. NATURE OF DISTRICT
6756	6756	Sec. 7803.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
6757	6757	Sec. 7803.004. DISTRICT TERRITORY
6758	6758	Sec. 7803.005. DISSOLUTION AND ABOLITION OF DISTRICT
6759	6759	[Sections 7803.006-7803.050 reserved for expansion]
6760	6760	SUBCHAPTER B. BOARD OF DIRECTORS
6761	6761	Sec. 7803.051. COMPOSITION OF BOARD; TERMS
6762	6762	Sec. 7803.052. ELIGIBILITY FOR OFFICE
6763	6763	Sec. 7803.053. DIRECTOR'S BOND
6764	6764	Sec. 7803.054. BOARD VACANCY
6765	6765	Sec. 7803.055. BOARD PRESIDENT; ABSENCE OF BOARD
6766	6766	PRESIDENT
6767	6767	Sec. 7803.056. SECRETARY'S DUTIES
6768	6768	Sec. 7803.057. TREASURER
6769	6769	Sec. 7803.058. COMPENSATION
6770	6770	Sec. 7803.059. DESIGNATION OF DIRECTOR TO ACT ON
6771	6771	DISTRICT'S BEHALF
6772	6772	Sec. 7803.060. DISTRICT OFFICE
6773	6773	Sec. 7803.061. RECORDS
6774	6774	[Sections 7803.062-7803.100 reserved for expansion]
6775	6775	SUBCHAPTER C. POWERS AND DUTIES
6776	6776	Sec. 7803.101. LEVEE IMPROVEMENT DISTRICT POWERS
6777	6777	Sec. 7803.102. ANNEXATION OF LAND
6778	6778	Sec. 7803.103. EMINENT DOMAIN
6779	6779	Sec. 7803.104. COST OF RELOCATING OR ALTERING PROPERTY
6780	6780	Sec. 7803.105. CONTRACTS FOR FACILITIES AND
6781	6781	IMPROVEMENTS; ELECTION NOT REQUIRED
6782	6782	Sec. 7803.106. CONTRACTS OVER $25,000
6783	6783	Sec. 7803.107. CONSTRUCTION CONTRACTS: EXECUTION AND
6784	6784	AVAILABILITY
6785	6785	Sec. 7803.108. CONSTRUCTION CONTRACTS: PAYMENT
6786	6786	Sec. 7803.109. FLOOD HAZARD AREAS
6787	6787	Sec. 7803.110. SETBACK LINES: RESOLUTION, NOTICE, AND
6788	6788	HEARING
6789	6789	Sec. 7803.111. SETBACK LINES: EFFECT ON LANDOWNERS
6790	6790	Sec. 7803.112. LEGISLATIVE INTENT
6791	6791	Sec. 7803.113. NOTICE OF DISTRICT ELECTIONS
6792	6792	[Sections 7803.114-7803.150 reserved for expansion]
6793	6793	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
6794	6794	Sec. 7803.151. TAX METHOD
6795	6795	Sec. 7803.152. ASSESSMENT AND COLLECTION OF TAXES
6796	6796	Sec. 7803.153. CERTIFICATION OF TAX RATE
6797	6797	Sec. 7803.154. PAYMENT OF TAX OR ASSESSMENT NOT
6798	6798	REQUIRED
6799	6799	Sec. 7803.155. DEPOSITORY
6800	6800	[Sections 7803.156-7803.200 reserved for expansion]
6801	6801	SUBCHAPTER E. BONDS
6802	6802	Sec. 7803.201. AUTHORITY TO ISSUE BONDS
6803	6803	Sec. 7803.202. FORM OF BONDS
6804	6804	Sec. 7803.203. MATURITY
6805	6805	Sec. 7803.204. ELECTION REQUIRED
6806	6806	Sec. 7803.205. USE OF BOND PROCEEDS DURING
6807	6807	CONSTRUCTION
6808	6808	Sec. 7803.206. TAXES FOR BONDS
6809	6809	Sec. 7803.207. PRELIMINARY BONDS
6810	6810	Sec. 7803.208. EXCHANGING BONDS FOR PROPERTY OR WORK
6811	6811	[Sections 7803.209-7803.250 reserved for expansion]
6812	6812	SUBCHAPTER F. DEFINED AREAS
6813	6813	Sec. 7803.251. AUTHORITY TO ANNEX DEFINED AREA
6814	6814	Sec. 7803.252. NOTICE OF AND HEARING ON PETITION TO
6815	6815	ANNEX DEFINED AREA
6816	6816	Sec. 7803.253. ORDER ANNEXING DEFINED AREA
6817	6817	Sec. 7803.254. ELECTION REQUIRED
6818	6818	Sec. 7803.255. NUMBERING OF DEFINED AREAS
6819	6819	Sec. 7803.256. ADMINISTRATION OF DEFINED AREA
6820	6820	Sec. 7803.257. POWERS AND DUTIES OF DEFINED AREA
6821	6821	Sec. 7803.258. TAXATION; GENERAL PROVISIONS
6822	6822	Sec. 7803.259. BONDS; GENERAL PROVISIONS
6823	6823	Sec. 7803.260. PRELIMINARY BONDS
6824	6824	CHAPTER 7803. IRVING FLOOD CONTROL DISTRICT SECTION I
6825	6825	SUBCHAPTER A. GENERAL PROVISIONS
6826	6826	Sec. 7803.001. DEFINITIONS. In this chapter:
6827	6827	(1) "Board" means the district's board of directors.
6828	6828	(2) "Director" means a member of the board.
6829	6829	(3) "District" means the Irving Flood Control District
6830	6830	Section I. (Acts 62nd Leg., R.S., Ch. 135, Sec. 1 (part); New.)
6831	6831	Sec. 7803.002. NATURE OF DISTRICT. The district is a
6832	6832	conservation and reclamation district and a flood control district
6833	6833	created under and essential to accomplish the purposes of Section
6834	6834	59, Article XVI, Texas Constitution. (Acts 62nd Leg., R.S., Ch.
6835	6835	135, Sec. 1 (part).)
6836	6836	Sec. 7803.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
6837	6837	The district is created to serve a public use and benefit.
6838	6838	(b) All land and other property included in the district
6839	6839	will benefit from the works and projects accomplished by the
6840	6840	district under the powers conferred by Section 59, Article XVI,
6841	6841	Texas Constitution.
6842	6842	(c) The accomplishment of the purposes stated in this
6843	6843	chapter is for the benefit of the people of this state and for the
6844	6844	improvement of their property and industries. The district in
6845	6845	carrying out the purposes of this chapter will be performing an
6846	6846	essential public function under the Texas Constitution. (Acts 62nd
6847	6847	Leg., R.S., Ch. 135, Secs. 4, 24 (part).)
6848	6848	Sec. 7803.004. DISTRICT TERRITORY. (a) The district is
6849	6849	composed of all territory in the boundaries described by Section 2,
6850	6850	Chapter 135, Acts of the 62nd Legislature, Regular Session, 1971,
6851	6851	as that territory may have been modified under:
6852	6852	(1) Section 7803.102 of this chapter or its
6853	6853	predecessor statute, former Section 18, Chapter 135, Acts of the
6854	6854	62nd Legislature, Regular Session, 1971;
6855	6855	(2) Subchapter F of this chapter or its predecessor
6856	6856	statute, former Section 26, Chapter 135, Acts of the 62nd
6857	6857	Legislature, Regular Session, 1971, as amended by Section 1,
6858	6858	Chapter 117, Acts of the 65th Legislature, Regular Session, 1977;
6859	6859	(3) former Section 7, Chapter 135, Acts of the 62nd
6860	6860	Legislature, Regular Session, 1971;
6861	6861	(4) Subchapter J, Chapter 49, Water Code; or
6862	6862	(5) other law.
6863	6863	(b) The boundaries and field notes of the district contained
6864	6864	in Section 2, Chapter 135, Acts of the 62nd Legislature, Regular
6865	6865	Session, 1971, form a closure. A mistake in the field notes or in
6866	6866	copying the field notes in the legislative process does not affect:
6867	6867	(1) the district's organization, existence, or
6868	6868	validity;
6869	6869	(2) the district's right to issue any type of bond for
6870	6870	a purpose for which the district is created or to pay the principal
6871	6871	of and interest on the bond;
6872	6872	(3) the district's right to impose a tax; or
6873	6873	(4) the legality or operation of the district or its
6874	6874	governing body. (Acts 62nd Leg., R.S., Ch. 135, Secs. 1 (part), 3;
6875	6875	New.)
6876	6876	Sec. 7803.005. DISSOLUTION AND ABOLITION OF DISTRICT. The
6877	6877	City of Irving may dissolve and abolish the district at the
6878	6878	municipality's discretion on written notice of the dissolution and
6879	6879	abolition to the board, in the same manner and on the same terms and
6880	6880	obligations as prescribed by Sections 43.074, 43.075, and 43.081,
6881	6881	Local Government Code. (Acts 62nd Leg., R.S., Ch. 135, Sec. 22.)
6882	6882	[Sections 7803.006-7803.050 reserved for expansion]
6883	6883	SUBCHAPTER B. BOARD OF DIRECTORS
6884	6884	Sec. 7803.051. COMPOSITION OF BOARD; TERMS. The board
6885	6885	consists of seven elected directors who serve staggered terms.
6886	6886	(Acts 62nd Leg., R.S., Ch. 135, Sec. 9 (part); New.)
6887	6887	Sec. 7803.052. ELIGIBILITY FOR OFFICE. A director must own
6888	6888	land in the district subject to taxation at the time the director
6889	6889	qualifies for office. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9
6890	6890	(part).)
6891	6891	Sec. 7803.053. DIRECTOR'S BOND. (a) Each director shall
6892	6892	qualify by giving bond in the amount of $5,000 for the faithful
6893	6893	performance of the director's duties.
6894	6894	(b) The bond must be recorded in the official bond records
6895	6895	in the office of the county clerk of Dallas County. (Acts 62nd
6896	6896	Leg., R.S., Ch. 135, Sec. 9 (part).)
6897	6897	Sec. 7803.054. BOARD VACANCY. (a) Except as provided by
6898	6898	Subsection (b), a vacancy on the board shall be filled by
6899	6899	appointment to the unexpired term by the remaining directors.
6900	6900	(b) The City Council of the City of Irving shall appoint
6901	6901	directors to fill all vacancies on the board if the number of
6902	6902	qualified directors is less than four.
6903	6903	(c) If any director ceases to possess the qualifications
6904	6904	prescribed by Section 7803.052, the remaining directors shall
6905	6905	declare the person's office vacant and appoint a successor. (Acts
6906	6906	62nd Leg., R.S., Ch. 135, Sec. 9 (part).)
6907	6907	Sec. 7803.055. BOARD PRESIDENT; ABSENCE OF BOARD PRESIDENT.
6908	6908	(a) The board may authorize the president to sign all orders or take
6909	6909	other action.
6910	6910	(b) Any order adopted or other action taken at a board
6911	6911	meeting at which the president is absent may be signed by the vice
6912	6912	president, or the board may authorize the president to sign the
6913	6913	order or other action. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9
6914	6914	(part).)
6915	6915	Sec. 7803.056. SECRETARY'S DUTIES. The board secretary
6916	6916	shall keep accurate minutes and may certify to any action the board
6917	6917	takes. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 (part).)
6918	6918	Sec. 7803.057. TREASURER. (a) The board may appoint a
6919	6919	district treasurer.
6920	6920	(b) The district treasurer shall give bond in an amount
6921	6921	required by the board, conditioned on the treasurer's faithful
6922	6922	accounting of all money that comes into the treasurer's custody as
6923	6923	district treasurer. (Acts 62nd Leg., R.S., Ch. 135, Sec. 13
6924	6924	(part).)
6925	6925	Sec. 7803.058. COMPENSATION. Unless the board by
6926	6926	resolution increases the fee to an amount authorized by Section
6927	6927	49.060, Water Code, each director shall receive a per diem payment
6928	6928	of $25 for each day spent performing district work. (Acts 62nd Leg.,
6929	6929	R.S., Ch. 135, Sec. 9 (part); New.)
6930	6930	Sec. 7803.059. DESIGNATION OF DIRECTOR TO ACT ON DISTRICT'S
6931	6931	BEHALF. The board may designate one or more directors who, on
6932	6932	behalf of the district, may execute all contracts, including a
6933	6933	construction contract, sign checks, or handle any other matter
6934	6934	entered into by the board as shown in the district's official
6935	6935	minutes. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 (part).)
6936	6936	Sec. 7803.060. DISTRICT OFFICE. (a) The board shall
6937	6937	designate, establish, and maintain a district office inside the
6938	6938	district.
6939	6939	(b) The board may establish a second district office outside
6940	6940	the district. If the board establishes a second district office,
6941	6941	the board shall give notice of the location of that office by
6942	6942	publishing notice of the location of the office in a newspaper of
6943	6943	general circulation in Dallas County.
6944	6944	(c) A district office that is a private residence or office
6945	6945	is a public place for matters relating to the district's business.
6946	6946	(d) The board shall provide notice of any change in the
6947	6947	location of the district office outside the district in the manner
6948	6948	required by Subsection (b). (Acts 62nd Leg., R.S., Ch. 135, Sec.
6949	6949	14.)
6950	6950	Sec. 7803.061. RECORDS. The board shall keep and maintain
6951	6951	complete and accurate accounts and records, which shall be kept at
6952	6952	the district's principal office and be open to public inspection at
6953	6953	reasonable times. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 (part).)
6954	6954	[Sections 7803.062-7803.100 reserved for expansion]
6955	6955	SUBCHAPTER C. POWERS AND DUTIES
6956	6956	Sec. 7803.101. LEVEE IMPROVEMENT DISTRICT POWERS. (a) The
6957	6957	district has the rights, powers, privileges, and functions
6958	6958	applicable to a levee improvement district created under the
6959	6959	authority of Section 59, Article XVI, Texas Constitution, including
6960	6960	those conferred by Chapters 49 and 57, Water Code.
6961	6961	(b) The district has the power to construct and maintain
6962	6962	levees and other improvements on, along, and contiguous to rivers,
6963	6963	creeks, streams, and drainage courses for the purposes of:
6964	6964	(1) reclaiming land from overflow from the water;
6965	6965	(2) controlling and distributing the water of rivers
6966	6966	and streams by straightening and otherwise improving the rivers and
6967	6967	streams;
6968	6968	(3) draining the land properly and otherwise improving
6969	6969	the land; and
6970	6970	(4) preventing the pollution of the water.
6971	6971	(c) In the accomplishment of the district's purposes, the
6972	6972	district may issue bonds, enter into contracts, or incur debt in the
6973	6973	manner prescribed by this chapter. (Acts 62nd Leg., R.S., Ch. 135,
6974	6974	Sec. 5 (part); New.)
6975	6975	Sec. 7803.102. ANNEXATION OF LAND. (a) The district may
6976	6976	annex land in the manner provided by Subchapter J, Chapter 49, or
6977	6977	Subchapter O, Chapter 51, Water Code, to the extent applicable.
6978	6978	(b) If land is annexed by the district under Section 49.301
6979	6979	or 51.714, Water Code, the board may require the petitioners to:
6980	6980	(1) allow the land to be added to assume its pro rata
6981	6981	share of taxes necessary to support the voted but unissued bonds of
6982	6982	the district; and
6983	6983	(2) authorize the board to impose a tax on the
6984	6984	petitioners' property to pay for the bonds after the bonds have been
6985	6985	issued.
6986	6986	(c) If land is annexed by the district under Section 49.302,
6987	6987	Water Code, the board may submit to the voters of the area to be
6988	6988	annexed a proposition on the question of the assumption by the area
6989	6989	to be annexed of its pro rata share of the voted but not yet issued
6990	6990	or sold bonds of the district and the imposition of an ad valorem
6991	6991	tax on taxable property in the area to be annexed along with a tax in
6992	6992	the rest of the district for the payment of the bonds.
6993	6993	(d) If the petitioners consent or if the election results
6994	6994	favorably, the district may issue its voted but unissued bonds
6995	6995	regardless of changes to district boundaries since the original
6996	6996	voting or authorization of the bonds. (Acts 62nd Leg., R.S., Ch.
6997	6997	135, Sec. 18.)
6998	6998	Sec. 7803.103. EMINENT DOMAIN. (a) The district may
6999	6999	exercise the power of eminent domain in Dallas County to acquire the
7000	7000	fee simple title to or an easement or right-of-way to, over, or
7001	7001	through any private or public land, water, or land under water that
7002	7002	is in the district, borders the district, is adjacent or opposite to
7003	7003	the district, or is outside of the district if the property has a
7004	7004	direct effect on the accomplishment of the purposes for which the
7005	7005	district is created and is necessary for making, constructing, and
7006	7006	maintaining all levees and other improvements for the improvement
7007	7007	of rivers, creeks, streams, or drainage courses in the district or
7008	7008	bordering the district to prevent the overflow of water.
7009	7009	(b) The district may not exercise the power of eminent
7010	7010	domain under Subsection (a) to acquire land or other property that
7011	7011	is used for cemetery purposes.
7012	7012	(c) The district shall pay adequate compensation to the
7013	7013	owner of property that is taken, damaged, or destroyed for the
7014	7014	purposes described by Subsection (a).
7015	7015	(d) A condemnation proceeding must be brought in the name of
7016	7016	the district. (Acts 62nd Leg., R.S., Ch. 135, Sec. 6 (part).)
7017	7017	Sec. 7803.104. COST OF RELOCATING OR ALTERING PROPERTY.
7018	7018	(a) In this section, "sole expense" means the actual cost of:
7019	7019	(1) relocating, raising, rerouting, changing the
7020	7020	grade of, or altering the construction of a facility described by
7021	7021	Subsection (b); and
7022	7022	(2) providing comparable replacement without
7023	7023	enhancement of the facility, after deducting from that cost the net
7024	7024	salvage value of the old facility.
7025	7025	(b) If the district's exercise of its power of eminent
7026	7026	domain, power of relocation, or any other power makes necessary the
7027	7027	relocation, raising, rerouting, changing the grade, or alteration
7028	7028	of the construction of a highway, a railroad, an electric
7029	7029	transmission line, a telephone or telegraph property or facility,
7030	7030	or a pipeline, the necessary action shall be accomplished at the
7031	7031	sole expense of the district unless the owner of the relocated or
7032	7032	altered facility has a legal obligation to pay those expenses, in
7033	7033	which event the necessary action shall be accomplished at the
7034	7034	expense of the owner. (Acts 62nd Leg., R.S., Ch. 135, Sec. 6
7035	7035	(part).)
7036	7036	Sec. 7803.105. CONTRACTS FOR FACILITIES AND IMPROVEMENTS;
7037	7037	ELECTION NOT REQUIRED. (a) The district may enter into a contract
7038	7038	with the United States, the City of Irving, another public body, or
7039	7039	an individual, corporation, or other entity for the maintenance or
7040	7040	construction of any facility or improvement authorized by this
7041	7041	chapter.
7042	7042	(b) The district may enter into a contract under Subsection
7043	7043	(a) without:
7044	7044	(1) voting for the issuance of bonds; or
7045	7045	(2) holding an election to approve the contract.
7046	7046	(Acts 62nd Leg., R.S., Ch. 135, Sec. 12.)
7047	7047	Sec. 7803.106. CONTRACTS OVER $25,000. (a) A contract
7048	7048	involving an expenditure of more than $25,000 for the construction
7049	7049	of a district facility or improvement or for the purchase of
7050	7050	machinery, materials, or supplies for the district must be entered
7051	7051	into by the board in accordance with this section.
7052	7052	(b) Not later than the 14th day before the date sealed bids
7053	7053	are opened, the letting of a contract described by Subsection (a)
7054	7054	must be advertised by publishing notice one time in one or more
7055	7055	newspapers having general circulation in this state. The notice
7056	7056	must include the general conditions of the contract and the date,
7057	7057	time, and place of the opening of the sealed bids.
7058	7058	(c) A person who desires to bid on the construction of any
7059	7059	works advertised in the notice under Subsection (b) and submits a
7060	7060	written application to the board or the district's engineer shall
7061	7061	be provided with a copy of the plans and specifications showing the
7062	7062	work to be done. A fee may be charged to cover the cost of making
7063	7063	the copy.
7064	7064	(d) A bid must be in writing, sealed, and delivered to the
7065	7065	board and be accompanied by a certified or cashier's check or
7066	7066	bidder's bond for at least five percent of the total amount of the
7067	7067	bid.
7068	7068	(e) A successful bidder who fails or refuses to enter into a
7069	7069	proper contract or to furnish proper performance and payment bonds
7070	7070	for the contract forfeits to the district the amount of the check
7071	7071	delivered under Subsection (d).
7072	7072	(f) All bids must be opened at the same time.
7073	7073	(g) The board may reject any or all bids. (Acts 62nd Leg.,
7074	7074	R.S., Ch. 135, Sec. 15 (part).)
7075	7075	Sec. 7803.107. CONSTRUCTION CONTRACTS: EXECUTION AND
7076	7076	AVAILABILITY. (a) A construction contract must be in writing and
7077	7077	signed by the contractor and:
7078	7078	(1) the president and secretary of the board; or
7079	7079	(2) a majority of the directors.
7080	7080	(b) A copy of each construction contract shall be kept in
7081	7081	the district's records and be subject to public inspection.
7082	7082	(c) A construction contract must contain or have attached to
7083	7083	it the specifications for all work included in the contract. (Acts
7084	7084	62nd Leg., R.S., Ch. 135, Sec. 15 (part).)
7085	7085	Sec. 7803.108. CONSTRUCTION CONTRACTS: PAYMENT. (a) A
7086	7086	construction contract may be paid for in partial payments as the
7087	7087	work progresses, based on estimates approved by the district's
7088	7088	engineer.
7089	7089	(b) The payments may not exceed 90 percent of the amount due
7090	7090	at the time of the payments as shown by the approved estimates,
7091	7091	except that the final approved estimate, including all prior
7092	7092	retainage, must be paid in full. (Acts 62nd Leg., R.S., Ch. 135,
7093	7093	Sec. 15 (part).)
7094	7094	Sec. 7803.109. FLOOD HAZARD AREAS. (a) The board by
7095	7095	resolution shall designate flood hazard areas in the district if
7096	7096	the board finds that the public health, safety, and general
7097	7097	welfare, and the purposes of Section 59, Article XVI, Texas
7098	7098	Constitution, will be promoted by the designation.
7099	7099	(b) The resolution must contain field notes, a map, or both
7100	7100	field notes and a map that describe the area to be included in a
7101	7101	flood hazard area.
7102	7102	(c) Before passing a resolution designating a flood hazard
7103	7103	area, the board shall hold at least one public hearing related to
7104	7104	the designation. The board must publish notice of the time and place
7105	7105	of the hearing in English in a newspaper having general circulation
7106	7106	in Dallas County at least 15 days before the date of the hearing. A
7107	7107	hearing may be continued from time to time until the board
7108	7108	determines that all interested persons have had an opportunity to
7109	7109	be heard.
7110	7110	(d) The board by resolution may, following notice and a
7111	7111	hearing as required by Subsection (c), amend the designated flood
7112	7112	hazard areas as the board determines necessary. (Acts 62nd Leg.,
7113	7113	R.S., Ch. 135, Secs. 20, 21.)
7114	7114	Sec. 7803.110. SETBACK LINES: RESOLUTION, NOTICE, AND
7115	7115	HEARING. (a) The board may establish and maintain building setback
7116	7116	lines along any waterway in the district for the purpose of
7117	7117	promoting the public health, safety, and general welfare and
7118	7118	accomplishing the purposes of Section 59, Article XVI, Texas
7119	7119	Constitution.
7120	7120	(b) Building setback lines may be established only after
7121	7121	notice and hearing. The notice must be published in a newspaper of
7122	7122	general circulation in Dallas County not earlier than the 60th day
7123	7123	or later than the 15th day before the date of the hearing. Each
7124	7124	affected landowner must be given actual notice by certified mail of
7125	7125	the hearing.
7126	7126	(c) The board by resolution shall adopt building setback
7127	7127	lines if, after the hearing is completed, the board finds that the
7128	7128	establishment of building setback lines is for the public health,
7129	7129	safety, and general welfare of the people in the district and for
7130	7130	the accomplishment of the purposes of Section 59, Article XVI,
7131	7131	Texas Constitution. The resolution must contain a description of
7132	7132	the area included in the building setback lines by field notes, a
7133	7133	map or plat, or both. A certified copy of the resolution shall be
7134	7134	filed for record immediately with the county clerk of Dallas
7135	7135	County. On the filing of the resolution, all persons are charged
7136	7136	with notice of the requirements of the resolution.
7137	7137	(d) The board may, on public hearing after notice as
7138	7138	provided by Subsection (b), amend, supplement, or grant an
7139	7139	exception to building setback lines as determined necessary. (Acts
7140	7140	62nd Leg., R.S., Ch. 135, Sec. 19 (part).)
7141	7141	Sec. 7803.111. SETBACK LINES: EFFECT ON LANDOWNERS. (a)
7142	7142	Except as otherwise provided by this section, after the
7143	7143	establishment of building setback lines under Section 7803.110, a
7144	7144	structure may not be erected within the setback lines.
7145	7145	(b) A person intending to erect a structure within building
7146	7146	setback lines must give written notice of the intention by
7147	7147	certified mail not later than the 90th day before the date the
7148	7148	person begins erecting the structure.
7149	7149	(c) Provided that the landowner was given actual notice by
7150	7150	certified mail of the hearing to establish the setback lines, a
7151	7151	person's failure to give notice under Subsection (b) constitutes a
7152	7152	prima facie showing in any subsequent eminent domain proceeding
7153	7153	instituted by the district to acquire the area within the setback
7154	7154	lines that the person erecting the structure did so at the person's
7155	7155	own risk with knowledge of:
7156	7156	(1) the fact that erecting the structure interfered
7157	7157	with the district's setback provisions; and
7158	7158	(2) the district's right to remove the structure
7159	7159	erected after the establishment of the setback lines without
7160	7160	recovery of the value of the structure.
7161	7161	(d) If the district does not institute an eminent domain
7162	7162	proceeding to acquire an area within building setback lines within
7163	7163	90 days after the date notice is mailed under Subsection (b), the
7164	7164	setback lines may not affect damages in the eminent domain
7165	7165	proceeding and the damages must be determined and paid as if the
7166	7166	setback lines had not been established.
7167	7167	(e) An owner who believes that a structure the owner is
7168	7168	about to erect may be within the required setback area by certified
7169	7169	letter may petition the district to survey and mark the building
7170	7170	setback lines on the ground. If the district fails within 90 days
7171	7171	to make the requested survey and mark the location of the setback
7172	7172	lines on the ground or to show the location of the setback lines in
7173	7173	another reasonable manner, the owner may erect the structure in the
7174	7174	same manner and with the same results as if setback lines had not
7175	7175	been established. (Acts 62nd Leg., R.S., Ch. 135, Sec. 19 (part).)
7176	7176	Sec. 7803.112. LEGISLATIVE INTENT. Sections 7803.110 and
7177	7177	7803.111 are intended to give the board the right to protect from
7178	7178	encroachment those areas that need to be protected from
7179	7179	encroachment for such immediate and future drainage and flood
7180	7180	control right-of-way requirements in the district as it may be
7181	7181	necessary, or in the public interest to protect or promote the
7182	7182	public health, safety, and general welfare. (Acts 62nd Leg., R.S.,
7183	7183	Ch. 135, Sec. 19 (part).)
7184	7184	Sec. 7803.113. NOTICE OF DISTRICT ELECTIONS. Notice of a
7185	7185	district election must be published once in a newspaper with
7186	7186	general circulation in Dallas County and in the district at least 20
7187	7187	days before the date of the election. (Acts 62nd Leg., R.S., Ch.
7188	7188	135, Sec. 10 (part).)
7189	7189	[Sections 7803.114-7803.150 reserved for expansion]
7190	7190	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
7191	7191	Sec. 7803.151. TAX METHOD. (a) The district shall use the
7192	7192	ad valorem plan of taxation, including for any separately defined
7193	7193	area annexed under Subchapter F.
7194	7194	(b) The board is not required to call or hold a hearing on
7195	7195	the adoption of a plan of taxation. (Acts 62nd Leg., R.S., Ch. 135,
7196	7196	Secs. 8, 26(e) (part).)
7197	7197	Sec. 7803.152. ASSESSMENT AND COLLECTION OF TAXES. (a) The
7198	7198	tax assessor and collector for the City of Irving shall assess and
7199	7199	collect taxes for the district.
7200	7200	(b) The tax assessor and collector shall make the records
7201	7201	maintained by the tax assessor and collector available to the
7202	7202	district on request by the secretary of the district. (Acts 62nd
7203	7203	Leg., R.S., Ch. 135, Sec. 16 (part).)
7204	7204	Sec. 7803.153. CERTIFICATION OF TAX RATE. Each year, the
7205	7205	board shall certify to the tax assessor and collector for the City
7206	7206	of Irving the rate or rates of tax that the board has imposed for
7207	7207	bond and maintenance purposes. (Acts 62nd Leg., R.S., Ch. 135, Sec.
7208	7208	16 (part).)
7209	7209	Sec. 7803.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
7210	7210	The district is not required to pay a tax or assessment on:
7211	7211	(1) district property; or
7212	7212	(2) a purchase made by the district. (Acts 62nd Leg.,
7213	7213	R.S., Ch. 135, Sec. 24 (part).)
7214	7214	Sec. 7803.155. DEPOSITORY. (a) The board shall designate
7215	7215	one or more banks inside or outside the district to serve as the
7216	7216	depository for the district's money.
7217	7217	(b) All district money shall be deposited in the depository
7218	7218	bank or banks, except that sufficient money must be remitted to and
7219	7219	received by the bank or banks of payment to pay the principal of and
7220	7220	interest on any outstanding district bonds on or before the
7221	7221	maturity date of the principal and interest.
7222	7222	(c) To the extent that money in a depository bank is not
7223	7223	insured by the Federal Deposit Insurance Corporation, the money
7224	7224	must be secured in the manner provided by law for the security of
7225	7225	county funds. (Acts 62nd Leg., R.S., Ch. 135, Sec. 13 (part).)
7226	7226	[Sections 7803.156-7803.200 reserved for expansion]
7227	7227	SUBCHAPTER E. BONDS
7228	7228	Sec. 7803.201. AUTHORITY TO ISSUE BONDS. The board may
7229	7229	issue district tax bonds to acquire money to carry out any district
7230	7230	power or accomplish any district purpose under this chapter. The
7231	7231	bonds may be authorized by a board order. (Acts 62nd Leg., R.S.,
7232	7232	Ch. 135, Sec. 10 (part).)
7233	7233	Sec. 7803.202. FORM OF BONDS. District bonds and their
7234	7234	related interest coupons shall be signed and executed as provided
7235	7235	by the board in the order authorizing the issuance of the bonds.
7236	7236	(Acts 62nd Leg., R.S., Ch. 135, Sec. 10 (part).)
7237	7237	Sec. 7803.203. MATURITY. District bonds must mature not
7238	7238	later than 40 years after their date of issuance. (Acts 62nd Leg.,
7239	7239	R.S., Ch. 135, Sec. 10 (part).)
7240	7240	Sec. 7803.204. ELECTION REQUIRED. (a) The district may not
7241	7241	issue bonds, other than refunding bonds, unless the bonds are
7242	7242	authorized by a majority vote of the district voters voting in an
7243	7243	election held to determine whether the bonds should be issued and
7244	7244	whether a tax should be imposed to pay the principal of and interest
7245	7245	on the bonds.
7246	7246	(b) The board may order and provide notice of an election
7247	7247	under this section.
7248	7248	(c) In addition to the requirements of the Election Code,
7249	7249	the ballots shall have printed on them "For the issuance of bonds
7250	7250	and the levy of taxes in payment thereof" and the contrary of that
7251	7251	proposition. (Acts 62nd Leg., R.S., Ch. 135, Sec. 10 (part).)
7252	7252	Sec. 7803.205. USE OF BOND PROCEEDS DURING CONSTRUCTION.
7253	7253	(a) The board may set aside part of the bond proceeds to:
7254	7254	(1) pay interest on the bonds during the period of
7255	7255	construction of improvements or facilities; and
7256	7256	(2) create reserves for the payment of the principal
7257	7257	of and interest on the bonds.
7258	7258	(b) For purposes of Subsection (a), the period of
7259	7259	construction may not exceed two years. (Acts 62nd Leg., R.S., Ch.
7260	7260	135, Sec. 10 (part).)
7261	7261	Sec. 7803.206. TAXES FOR BONDS. The board may impose
7262	7262	continuing direct annual ad valorem taxes on all taxable property
7263	7263	in the district sufficient to:
7264	7264	(1) provide for the payment of interest on bonds
7265	7265	issued under this subchapter as the interest accrues; and
7266	7266	(2) create and provide a sinking fund for the payment
7267	7267	of principal of the bonds as the principal matures. (Acts 62nd
7268	7268	Leg., R.S., Ch. 135, Sec. 10 (part).)
7269	7269	Sec. 7803.207. PRELIMINARY BONDS. (a) The district may
7270	7270	issue preliminary bonds, which need not be designated as such, to
7271	7271	provide a fund to pay:
7272	7272	(1) the cost of making surveys and investigations,
7273	7273	attorneys' fees, and engineers' work;
7274	7274	(2) the cost of issuing bonds; and
7275	7275	(3) all other costs and expenses incident to the
7276	7276	district's operation in investigating and determining plans for the
7277	7277	district's plant and improvements.
7278	7278	(b) Preliminary bonds shall be voted and authorized in the
7279	7279	manner and under the same provisions applicable to the district's
7280	7280	construction bonds and shall be of equal dignity with those
7281	7281	construction bonds. (Acts 62nd Leg., R.S., Ch. 135, Sec. 10
7282	7282	(part).)
7283	7283	Sec. 7803.208. EXCHANGING BONDS FOR PROPERTY OR WORK. The
7284	7284	district may exchange bonds:
7285	7285	(1) for property acquired by purchase; or
7286	7286	(2) in payment of the contract price of work performed
7287	7287	for the use and benefit of the district. (Acts 62nd Leg., R.S., Ch.
7288	7288	135, Sec. 10 (part).)
7289	7289	[Sections 7803.209-7803.250 reserved for expansion]
7290	7290	SUBCHAPTER F. DEFINED AREAS
7291	7291	Sec. 7803.251. AUTHORITY TO ANNEX DEFINED AREA. (a) In
7292	7292	addition to annexing land under Section 7803.102, the board may
7293	7293	annex land to the district as a separately defined area on the
7294	7294	petition of the owner or owners of a majority of the land contained
7295	7295	in an area defined by metes and bounds outside the district.
7296	7296	(b) The petition must be filed with the board. (Acts 62nd
7297	7297	Leg., R.S., Ch. 135, Sec. 26(a) (part).)
7298	7298	Sec. 7803.252. NOTICE OF AND HEARING ON PETITION TO ANNEX
7299	7299	DEFINED AREA. (a) On receipt of a petition under Section 7803.251,
7300	7300	the board by order shall set a time and place for a hearing on the
7301	7301	petition to be held not less than 30 days after the date of the
7302	7302	order.
7303	7303	(b) Notice of the time and place of the hearing on the
7304	7304	petition must be posted in the district and in the separately
7305	7305	defined area proposed to be annexed for at least 15 days before the
7306	7306	date of the hearing. Notice must also be published one time in a
7307	7307	newspaper with general circulation in the county at least 15 days
7308	7308	before the date of the hearing.
7309	7309	(c) The notice described by Subsection (b) must contain a
7310	7310	description of the separately defined area proposed to be annexed.
7311	7311	(Acts 62nd Leg., R.S., Ch. 135, Sec. 26(a) (part).)
7312	7312	Sec. 7803.253. ORDER ANNEXING DEFINED AREA. (a) The board
7313	7313	by order may designate an area as a separately defined area and
7314	7314	annex the area to the district if, on hearing a petition under
7315	7315	Section 7803.252, the board finds that:
7316	7316	(1) there is a need for improvements for the
7317	7317	conservation and reclamation of the defined area;
7318	7318	(2) the area will benefit from the improvements; and
7319	7319	(3) the improvements will serve a public use and
7320	7320	benefit.
7321	7321	(b) The board does not have to include all of the area
7322	7322	described in the petition if the board finds that a modification of
7323	7323	the area is necessary or desirable.
7324	7324	(c) The order must be entered in the board's minutes and
7325	7325	filed for record in the same manner required for other district
7326	7326	annexations of land. (Acts 62nd Leg., R.S., Ch. 135, Sec. 26(b).)
7327	7327	Sec. 7803.254. ELECTION REQUIRED. (a) Annexation of a
7328	7328	separately defined area is not final until ratified by a majority
7329	7329	vote of the voters in the defined area voting at an election held in
7330	7330	the area.
7331	7331	(b) Section 7803.113 governs notice of an election under
7332	7332	this section.
7333	7333	(c) A separately defined area is a separate election
7334	7334	precinct for an election under this section and all other elections
7335	7335	for the defined area. (Acts 62nd Leg., R.S., Ch. 135, Sec. 26(c).)
7336	7336	Sec. 7803.255. NUMBERING OF DEFINED AREAS. All annexed
7337	7337	separately defined areas shall be numbered in consecutive order.
7338	7338	The first separately defined area shall be designated as "Irving
7339	7339	Flood Control District of Dallas County, Texas - Section II." (Acts
7340	7340	62nd Leg., R.S., Ch. 135, Sec. 26(d).)
7341	7341	Sec. 7803.256. ADMINISTRATION OF DEFINED AREA. (a) The
7342	7342	board shall administer all business incident to any separately
7343	7343	defined area annexed under this subchapter.
7344	7344	(b) Each annexed separately defined area shall pay its pro
7345	7345	rata share of the administrative costs of the district, based on the
7346	7346	assessed valuation of the defined area in relation to the assessed
7347	7347	valuation of the district and any other defined areas annexed to the
7348	7348	district. (Acts 62nd Leg., R.S., Ch. 135, Sec. 26(g) (part).)
7349	7349	Sec. 7803.257. POWERS AND DUTIES OF DEFINED AREA. Except as
7350	7350	otherwise provided by this subchapter, or where in conflict with
7351	7351	this subchapter, an annexed separately defined area has the rights,
7352	7352	duties, restrictions, and provisions of this chapter. (Acts 62nd
7353	7353	Leg., R.S., Ch. 135, Sec. 26(g) (part).)
7354	7354	Sec. 7803.258. TAXATION; GENERAL PROVISIONS. (a) An
7355	7355	annexed separately defined area is a separate tax area for the
7356	7356	payment of all indebtedness incurred for improvements constructed
7357	7357	on authorization of the defined area and for the maintenance of
7358	7358	those improvements.
7359	7359	(b) A separately defined area is liable only for
7360	7360	indebtedness incurred or taxes imposed for improvements and the
7361	7361	maintenance of those improvements authorized by the defined area.
7362	7362	No other part of the district, including another separately defined
7363	7363	area, is liable for the payment of the indebtedness or taxes
7364	7364	described by this subsection.
7365	7365	(c) Taxes in a separately defined area shall be imposed in
7366	7366	the manner provided by Sections 7803.152 and 7803.153.
7367	7367	(d) The provisions authorizing a maintenance tax contained
7368	7368	in Section 49.107, Water Code, apply to a separately defined area.
7369	7369	(Acts 62nd Leg., R.S., Ch. 135, Secs. 26(e) (part), (f) (part).)
7370	7370	Sec. 7803.259. BONDS; GENERAL PROVISIONS. (a) After a
7371	7371	separately defined area is annexed, the board may issue tax bonds
7372	7372	clearly entitled by the designation of the defined area to acquire
7373	7373	money to carry out any district power or accomplish any district
7374	7374	purpose under this chapter for improvements to or for the defined
7375	7375	area.
7376	7376	(b) The board may impose continuing direct annual ad valorem
7377	7377	taxes on all taxable property located solely in the separately
7378	7378	defined area sufficient to:
7379	7379	(1) provide for the payment of interest on bonds
7380	7380	issued under this section as the interest accrues; and
7381	7381	(2) create and provide a sinking fund for the payment
7382	7382	of principal of the bonds as the bonds mature.
7383	7383	(c) The issuance of bonds under this section may be
7384	7384	authorized by a board order.
7385	7385	(d) The district may not issue bonds, other than refunding
7386	7386	bonds, unless the bonds are authorized by a majority vote of the
7387	7387	voters residing in the separately defined area voting in an
7388	7388	election held to determine whether the bonds should be issued and
7389	7389	whether a tax should be imposed on property in the defined area to
7390	7390	pay the principal of and interest on the bonds. The election must
7391	7391	be held in the manner provided by Sections 7803.113 and 7803.204.
7392	7392	(e) The initial bond election for a separately defined area
7393	7393	may be held on the same day as the election to ratify annexation of
7394	7394	the defined area and as part of the order calling the ratification
7395	7395	election.
7396	7396	(f) Subchapter E applies to any bonds issued to provide
7397	7397	improvements to or for any separately defined area in a manner
7398	7398	consistent with this section. (Acts 62nd Leg., R.S., Ch. 135, Sec.
7399	7399	26(f) (part).)
7400	7400	Sec. 7803.260. PRELIMINARY BONDS. Preliminary bonds for a
7401	7401	separately defined area may be issued for the same purposes, under
7402	7402	the same requirements, and of like effect as under Subchapter E.
7403	7403	(Acts 62nd Leg., R.S., Ch. 135, Sec. 26(f) (part).)
7404	7404	CHAPTER 7805. IRVING FLOOD CONTROL DISTRICT SECTION III
7405	7405	SUBCHAPTER A. GENERAL PROVISIONS
7406	7406	Sec. 7805.001. DEFINITIONS
7407	7407	Sec. 7805.002. NATURE OF DISTRICT
7408	7408	Sec. 7805.003. DISTRICT TERRITORY
7409	7409	[Sections 7805.004-7805.050 reserved for expansion]
7410	7410	SUBCHAPTER B. BOARD OF DIRECTORS
7411	7411	Sec. 7805.051. COMPOSITION OF BOARD; TERM
7412	7412	Sec. 7805.052. QUALIFICATIONS FOR OFFICE
7413	7413	Sec. 7805.053. DIRECTOR'S BOND
7414	7414	[Sections 7805.054-7805.100 reserved for expansion]
7415	7415	SUBCHAPTER C. POWERS AND DUTIES
7416	7416	Sec. 7805.101. GENERAL DISTRICT POWERS
7417	7417	Sec. 7805.102. CONFLICTS OF LAW
7418	7418	Sec. 7805.103. PROHIBITION OF POLICE AND FIREFIGHTING
7419	7419	FUNCTIONS
7420	7420	[Sections 7805.104-7805.150 reserved for expansion]
7421	7421	SUBCHAPTER D. BONDS AND TAXES
7422	7422	Sec. 7805.151. AUTHORITY TO ISSUE BONDS; TAXES FOR
7423	7423	BONDS
7424	7424	Sec. 7805.152. ASSUMPTION OF INDEBTEDNESS, CONTRACTS
7425	7425	Sec. 7805.153. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES
7426	7426	Sec. 7805.154. REFUNDING BOND ELECTION
7427	7427	Sec. 7805.155. BOND ANTICIPATION NOTES
7428	7428	CHAPTER 7805. IRVING FLOOD CONTROL DISTRICT SECTION III
7429	7429	SUBCHAPTER A. GENERAL PROVISIONS
7430	7430	Sec. 7805.001. DEFINITIONS. In this chapter:
7431	7431	(1) "Board" means the district's board of directors.
7432	7432	(2) "Director" means a board member.
7433	7433	(3) "District" means the Irving Flood Control District
7434	7434	Section III of Dallas County. (Acts 68th Leg., R.S., Ch. 1073, Sec.
7435	7435	2 (part); New.)
7436	7436	Sec. 7805.002. NATURE OF DISTRICT. (a) The district is
7437	7437	established under Section 59, Article XVI, Texas Constitution, and
7438	7438	Chapter 7803.
7439	7439	(b) The district is a separate and independent conservation
7440	7440	and reclamation district and a political subdivision of this state.
7441	7441	(c) The district is a separately defined area of Irving
7442	7442	Flood Control District Section I. (Acts 68th Leg., R.S., Ch. 1073,
7443	7443	Sec. 1(a).)
7444	7444	Sec. 7805.003. DISTRICT TERRITORY. The district is
7445	7445	composed of the territory located within the redefined boundaries
7446	7446	of the district filed in the deed records of Dallas County, Texas,
7447	7447	on October 1, 1983, as that territory may have been modified under:
7448	7448	(1) Subchapter J, Chapter 49, Water Code; or
7449	7449	(2) other law. (Acts 68th Leg., R.S., Ch. 1073, Sec. 2
7450	7450	(part); New.)
7451	7451	[Sections 7805.004-7805.050 reserved for expansion]
7452	7452	SUBCHAPTER B. BOARD OF DIRECTORS
7453	7453	Sec. 7805.051. COMPOSITION OF BOARD; TERM. (a) The board is
7454	7454	composed of five directors appointed by the city council of the City
7455	7455	of Irving, Texas.
7456	7456	(b) Directors serve staggered two-year terms, with the
7457	7457	terms of two directors expiring on the second Tuesday in January of
7458	7458	each even-numbered year and the terms of three directors expiring
7459	7459	on the second Tuesday in January of each odd-numbered year. (Acts
7460	7460	68th Leg., R.S., Ch. 1073, Secs. 3(a), (b) (part), (c).)
7461	7461	Sec. 7805.052. QUALIFICATIONS FOR OFFICE. A director must
7462	7462	own land in the district or be a resident of the district. (Acts
7463	7463	68th Leg., R.S., Ch. 1073, Sec. 3(b) (part).)
7464	7464	Sec. 7805.053. DIRECTOR'S BOND. As soon as possible after
7465	7465	appointment, each director shall qualify for office and execute a
7466	7466	sufficient bond in the amount of $5,000 that is:
7467	7467	(1) payable to the district; and
7468	7468	(2) conditioned on the faithful performance of the
7469	7469	director's duties. (Acts 68th Leg., R.S., Ch. 1073, Sec. 3(d).)
7470	7470	[Sections 7805.054-7805.100 reserved for expansion]
7471	7471	SUBCHAPTER C. POWERS AND DUTIES
7472	7472	Sec. 7805.101. GENERAL DISTRICT POWERS. The district has
7473	7473	the rights, powers, purposes, and functions provided by Chapter
7474	7474	7803 of this code and Chapter 49, Water Code. (Acts 68th Leg.,
7475	7475	R.S., Ch. 1073, Sec. 1(b) (part); New.)
7476	7476	Sec. 7805.102. CONFLICTS OF LAW. (a) If a provision of
7477	7477	Chapter 7803 is in conflict or inconsistent with this chapter, this
7478	7478	chapter controls.
7479	7479	(b) The provisions of Chapter 7803 not in conflict or
7480	7480	inconsistent with this chapter continue in effect. (Acts 68th Leg.,
7481	7481	R.S., Ch. 1073, Secs. 1(b) (part), (c).)
7482	7482	Sec. 7805.103. PROHIBITION OF POLICE AND FIREFIGHTING
7483	7483	FUNCTIONS. The district may not:
7484	7484	(1) engage in any police or firefighting functions; or
7485	7485	(2) spend any district money or issue bonds for any
7486	7486	police or firefighting function. (Acts 68th Leg., R.S., Ch. 1073,
7487	7487	Sec. 8.)
7488	7488	[Sections 7805.104-7805.150 reserved for expansion]
7489	7489	SUBCHAPTER D. BONDS AND TAXES
7490	7490	Sec. 7805.151. AUTHORITY TO ISSUE BONDS; TAXES FOR BONDS.
7491	7491	(a) The district may issue and sell all unissued bonds that have
7492	7492	been authorized at an election held in the district.
7493	7493	(b) The district may impose an ad valorem tax on all taxable
7494	7494	property in the district to pay the principal of and interest on the
7495	7495	bonds. (Acts 68th Leg., R.S., Ch. 1073, Sec. 4(a).)
7496	7496	Sec. 7805.152. ASSUMPTION OF INDEBTEDNESS, CONTRACTS. The
7497	7497	district shall assume and be responsible for all outstanding
7498	7498	indebtedness and existing contracts. (Acts 68th Leg., R.S., Ch.
7499	7499	1073, Sec. 4(b) (part).)
7500	7500	Sec. 7805.153. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES.
7501	7501	The district may impose a maintenance tax that has been previously
7502	7502	authorized at an election held in the district. (Acts 68th Leg.,
7503	7503	R.S., Ch. 1073, Sec. 4(b) (part).)
7504	7504	Sec. 7805.154. REFUNDING BOND ELECTION. (a) The district
7505	7505	may refund any outstanding bonds with the approval of district
7506	7506	voters voting at an election held by the district.
7507	7507	(b) The election shall be held as provided by Chapter 7803.
7508	7508	The ballot shall:
7509	7509	(1) be printed to provide for voting for or against the
7510	7510	proposition: "For the issuance of refunding bonds and the levy of
7511	7511	taxes in payment of those bonds."; and
7512	7512	(2) state the maximum interest rate and maturity
7513	7513	applicable to the refunding bonds.
7514	7514	(c) The rate and maturity may exceed the maximum rate and
7515	7515	maturity applicable to any outstanding bonds being refunded. (Acts
7516	7516	68th Leg., R.S., Ch. 1073, Sec. 6.)
7517	7517	Sec. 7805.155. BOND ANTICIPATION NOTES. (a) In addition to
7518	7518	all other methods of acquiring funds for district purposes, the
7519	7519	district may issue bond anticipation notes for any purpose for
7520	7520	which district bonds have been voted or may be issued to refund
7521	7521	outstanding bond anticipation notes and the interest on the notes
7522	7522	being refunded.
7523	7523	(b) The notes may bear interest at any rate not to exceed the
7524	7524	maximum interest rate applicable to the district's authorized
7525	7525	bonds.
7526	7526	(c) The notes shall mature within one year of the date on
7527	7527	which they are issued.
7528	7528	(d) The maximum amount of the notes outstanding at any one
7529	7529	time may not exceed $500,000 without the prior consent of the City
7530	7530	of Irving, Texas.
7531	7531	(e) The district shall pay the notes only from the proceeds
7532	7532	of the sale of bonds by the district. (Acts 68th Leg., R.S., Ch.
7533	7533	1073, Sec. 7.)
7534	7534	SECTION 1.03. Subtitle F, Title 6, Special District Local
7535	7535	Laws Code, is amended by adding Chapters 8308, 8312, 8381, 8387,
7536	7536	8388, 8389, 8391, 8393, 8394, 8395, 8396, 8397, 8398, 8399, 8400,
7537	7537	8401, 8402, 8403, 8404, 8405, 8406, 8407, and 8410 to read as
7538	7538	follows:
7539	7539	CHAPTER 8308. EAST MONTGOMERY COUNTY MUNICIPAL
7540	7540	UTILITY DISTRICT NO. 4
7541	7541	SUBCHAPTER A. GENERAL PROVISIONS
7542	7542	Sec. 8308.001. DEFINITIONS
7543	7543	Sec. 8308.002. NATURE OF DISTRICT
7544	7544	Sec. 8308.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
7545	7545	Sec. 8308.004. DISTRICT TERRITORY
7546	7546	[Sections 8308.005-8308.050 reserved for expansion]
7547	7547	SUBCHAPTER B. BOARD OF DIRECTORS
7548	7548	Sec. 8308.051. COMPOSITION OF BOARD
7549	7549	[Sections 8308.052-8308.100 reserved for expansion]
7550	7550	SUBCHAPTER C. POWERS AND DUTIES
7551	7551	Sec. 8308.101. MUNICIPAL UTILITY DISTRICT POWERS
7552	7552	Sec. 8308.102. COMPLIANCE WITH MUNICIPAL CONSENT
7553	7553	ORDINANCES OR RESOLUTIONS
7554	7554	Sec. 8308.103. UTILITY PROPERTY EXEMPT FROM IMPACT
7555	7555	FEES AND ASSESSMENTS
7556	7556	CHAPTER 8308. EAST MONTGOMERY COUNTY MUNICIPAL
7557	7557	UTILITY DISTRICT NO. 4
7558	7558	SUBCHAPTER A. GENERAL PROVISIONS
7559	7559	Sec. 8308.001. DEFINITIONS. In this chapter:
7560	7560	(1) "Board" means the board of directors of the
7561	7561	district.
7562	7562	(2) "District" means the East Montgomery County
7563	7563	Municipal Utility District No. 4. (Acts 78th Leg., R.S., Ch. 882,
7564	7564	Sec. 1.)
7565	7565	Sec. 8308.002. NATURE OF DISTRICT. (a) The district is a
7566	7566	municipal utility district in Montgomery County created under
7567	7567	Section 59, Article XVI, Texas Constitution.
7568	7568	(b) The district is a political subdivision of this state.
7569	7569	(Acts 78th Leg., R.S., Ch. 882, Secs. 2(a) (part), (b), 3(b)
7570	7570	(part).)
7571	7571	Sec. 8308.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
7572	7572	The district is created to serve a public use and benefit.
7573	7573	(b) All land and other property included in the district
7574	7574	will benefit from the works and projects accomplished by the
7575	7575	district under powers conferred by Section 59, Article XVI, Texas
7576	7576	Constitution.
7577	7577	(c) The creation of the district is essential to accomplish
7578	7578	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
7579	7579	78th Leg., R.S., Ch. 882, Secs. 3(a), (b) (part), (c).)
7580	7580	Sec. 8308.004. DISTRICT TERRITORY. (a) The district is
7581	7581	composed of the territory described by Section 4, Chapter 882, Acts
7582	7582	of the 78th Legislature, Regular Session, 2003, as that territory
7583	7583	may have been modified under:
7584	7584	(1) Subchapter J, Chapter 49, Water Code;
7585	7585	(2) Subchapter H, Chapter 54, Water Code; or
7586	7586	(3) other law.
7587	7587	(b) The boundaries and field notes of the district form a
7588	7588	closure. A mistake in the field notes or in copying the field notes
7589	7589	in the legislative process does not affect:
7590	7590	(1) the district's organization, existence, or
7591	7591	validity;
7592	7592	(2) the district's right to impose a tax; or
7593	7593	(3) the legality or operation of the district or the
7594	7594	board. (Acts 78th Leg., R.S., Ch. 882, Sec. 5; New.)
7595	7595	[Sections 8308.005-8308.050 reserved for expansion]
7596	7596	SUBCHAPTER B. BOARD OF DIRECTORS
7597	7597	Sec. 8308.051. COMPOSITION OF BOARD. The district is
7598	7598	governed by a board of five directors. (Acts 78th Leg., R.S., Ch.
7599	7599	882, Sec. 7(a).)
7600	7600	[Sections 8308.052-8308.100 reserved for expansion]
7601	7601	SUBCHAPTER C. POWERS AND DUTIES
7602	7602	Sec. 8308.101. MUNICIPAL UTILITY DISTRICT POWERS. The
7603	7603	district has the rights, powers, privileges, functions, and duties
7604	7604	provided by general law applicable to a municipal utility district
7605	7605	created under Section 59, Article XVI, Texas Constitution,
7606	7606	including Chapters 49 and 54, Water Code. (Acts 78th Leg., R.S.,
7607	7607	Ch. 882, Sec. 11.)
7608	7608	Sec. 8308.102. COMPLIANCE WITH MUNICIPAL CONSENT
7609	7609	ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
7610	7610	54.016, Water Code, the district shall comply with all applicable
7611	7611	requirements of any ordinance or resolution adopted by a
7612	7612	municipality in whose corporate limits or extraterritorial
7613	7613	jurisdiction the district is located, including an ordinance or
7614	7614	resolution adopted before September 1, 2003, that consents to the
7615	7615	creation of the district or to the inclusion of lands in the
7616	7616	district. (Acts 78th Leg., R.S., Ch. 882, Sec. 13.)
7617	7617	Sec. 8308.103. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
7618	7618	ASSESSMENTS. The district may not impose an impact fee or
7619	7619	assessment on the property, including the equipment,
7620	7620	rights-of-way, facilities, or improvements, of:
7621	7621	(1) an electric utility as defined by Section 31.002,
7622	7622	Utilities Code;
7623	7623	(2) a gas utility as defined by Section 101.003 or
7624	7624	121.001, Utilities Code;
7625	7625	(3) a telecommunications provider as defined by
7626	7626	Section 51.002, Utilities Code; or
7627	7627	(4) a cable operator as defined by 47 U.S.C. Section
7628	7628	522, as amended. (Acts 78th Leg., R.S., Ch. 882, Sec. 12.)
7629	7629	CHAPTER 8312. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 387
7630	7630	SUBCHAPTER A. GENERAL PROVISIONS
7631	7631	Sec. 8312.001. DEFINITION
7632	7632	Sec. 8312.002. NATURE OF DISTRICT
7633	7633	Sec. 8312.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
7634	7634	Sec. 8312.004. DISTRICT TERRITORY
7635	7635	[Sections 8312.005-8312.050 reserved for expansion]
7636	7636	SUBCHAPTER B. BOARD OF DIRECTORS
7637	7637	Sec. 8312.051. COMPOSITION OF BOARD; TERMS
7638	7638	[Sections 8312.052-8312.100 reserved for expansion]
7639	7639	SUBCHAPTER C. POWERS AND DUTIES
7640	7640	Sec. 8312.101. MUNICIPAL UTILITY DISTRICT POWERS
7641	7641	Sec. 8312.102. COMPLIANCE WITH MUNICIPAL CONSENT
7642	7642	ORDINANCES OR RESOLUTIONS
7643	7643	Sec. 8312.103. RELOCATING OR ALTERING PROPERTY; COSTS
7644	7644	Sec. 8312.104. UTILITY PROPERTY EXEMPT FROM IMPACT
7645	7645	FEES AND ASSESSMENTS
7646	7646	CHAPTER 8312. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 387
7647	7647	SUBCHAPTER A. GENERAL PROVISIONS
7648	7648	Sec. 8312.001. DEFINITION. In this chapter, "district"
7649	7649	means the Harris County Municipal Utility District No. 387. (Acts
7650	7650	77th Leg., R.S., Ch. 1382, Sec. 2.)
7651	7651	Sec. 8312.002. NATURE OF DISTRICT. The district is a
7652	7652	conservation and reclamation district in Harris County, created
7653	7653	under Section 59, Article XVI, Texas Constitution. (Acts 77th
7654	7654	Leg., R.S., Ch. 1382, Secs. 1(a) (part), (b) (part).)
7655	7655	Sec. 8312.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
7656	7656	The district is created to serve a public use and benefit.
7657	7657	(b) All land and other property included in the district
7658	7658	will benefit from the works and projects accomplished by the
7659	7659	district under the powers conferred by Section 59, Article XVI,
7660	7660	Texas Constitution.
7661	7661	(c) The creation of the district is essential to accomplish
7662	7662	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
7663	7663	77th Leg., R.S., Ch. 1382, Secs. 1(b) (part), 5.)
7664	7664	Sec. 8312.004. DISTRICT TERRITORY. (a) The district is
7665	7665	composed of the territory described by Section 3, Chapter 1382,
7666	7666	Acts of the 77th Legislature, Regular Session, 2001, as that
7667	7667	territory may have been modified under:
7668	7668	(1) Subchapter H, Chapter 54, Water Code;
7669	7669	(2) Subchapter J, Chapter 49, Water Code; or
7670	7670	(3) other law.
7671	7671	(b) The boundaries and field notes of the district form a
7672	7672	closure. A mistake in the field notes or in copying the field notes
7673	7673	in the legislative process does not affect:
7674	7674	(1) the district's organization, existence, or
7675	7675	validity;
7676	7676	(2) the validity of district bonds, notes, or other
7677	7677	indebtedness;
7678	7678	(3) the district's right to impose a tax; or
7679	7679	(4) the legality or operation of the district or its
7680	7680	governing body. (Acts 77th Leg., R.S., Ch. 1382, Sec. 4; New.)
7681	7681	[Sections 8312.005-8312.050 reserved for expansion]
7682	7682	SUBCHAPTER B. BOARD OF DIRECTORS
7683	7683	Sec. 8312.051. COMPOSITION OF BOARD; TERMS. (a) The
7684	7684	district is governed by a board of five directors.
7685	7685	(b) Directors serve staggered four-year terms. (Acts 77th
7686	7686	Leg., R.S., Ch. 1382, Secs. 8(a), (d).)
7687	7687	[Sections 8312.052-8312.100 reserved for expansion]
7688	7688	SUBCHAPTER C. POWERS AND DUTIES
7689	7689	Sec. 8312.101. MUNICIPAL UTILITY DISTRICT POWERS. The
7690	7690	district has the rights, powers, privileges, functions, and duties
7691	7691	provided by general law applicable to a municipal utility district
7692	7692	created under Section 59, Article XVI, Texas Constitution,
7693	7693	including Chapters 49, 50, and 54, Water Code. (Acts 77th Leg.,
7694	7694	R.S., Ch. 1382, Sec. 6(a) (part).)
7695	7695	Sec. 8312.102. COMPLIANCE WITH MUNICIPAL CONSENT
7696	7696	ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
7697	7697	54.016, Water Code, the district shall comply with all applicable
7698	7698	requirements of any ordinance or resolution adopted by the city
7699	7699	council of the City of Houston, including an ordinance or
7700	7700	resolution adopted before September 1, 2001, that consents to the
7701	7701	creation of the district or to the inclusion of lands in the
7702	7702	district. (Acts 77th Leg., R.S., Ch. 1382, Sec. 12.)
7703	7703	Sec. 8312.103. RELOCATING OR ALTERING PROPERTY; COSTS. (a)
7704	7704	The district may relocate, raise, reroute, change the grade of, or
7705	7705	alter the construction of a highway, railroad, electric
7706	7706	transmission line, telecommunications or other public utility
7707	7707	facility, pipeline, canal, or drainage ditch if considered
7708	7708	necessary by the board of directors.
7709	7709	(b) The district shall pay for any relocation, raising,
7710	7710	rerouting, changing, or altering under this section, unless
7711	7711	otherwise agreed in writing by the interested parties.
7712	7712	(c) If a facility is replaced, the cost of replacement is
7713	7713	limited to an amount equal to the cost of replacing the facility
7714	7714	with a comparable facility, less the replaced facility's net
7715	7715	salvage value. (Acts 77th Leg., R.S., Ch. 1382, Sec. 7.)
7716	7716	Sec. 8312.104. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
7717	7717	ASSESSMENTS. The district may not impose an impact fee or
7718	7718	assessment on the property, including the equipment,
7719	7719	rights-of-way, facilities, or improvements, of:
7720	7720	(1) an electric utility or a power generation company
7721	7721	as defined by Section 31.002, Utilities Code;
7722	7722	(2) a gas utility as defined by Section 101.003 or
7723	7723	121.001, Utilities Code; or
7724	7724	(3) a telecommunications provider as defined by
7725	7725	Section 51.002, Utilities Code. (Acts 77th Leg., R.S., Ch. 1382,
7726	7726	Sec. 6(c).)
7727	7727	CHAPTER 8381. NORTH PARK PUBLIC UTILITY DISTRICT
7728	7728	SUBCHAPTER A. GENERAL PROVISIONS
7729	7729	Sec. 8381.001. DEFINITIONS
7730	7730	Sec. 8381.002. NATURE OF DISTRICT
7731	7731	Sec. 8381.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
7732	7732	Sec. 8381.004. DISTRICT TERRITORY
7733	7733	[Sections 8381.005-8381.050 reserved for expansion]
7734	7734	SUBCHAPTER B. BOARD OF DIRECTORS
7735	7735	Sec. 8381.051. COMPOSITION OF BOARD
7736	7736	Sec. 8381.052. BOARD VACANCY
7737	7737	[Sections 8381.053-8381.100 reserved for expansion]
7738	7738	SUBCHAPTER C. POWERS AND DUTIES
7739	7739	Sec. 8381.101. MUNICIPAL UTILITY DISTRICT POWERS
7740	7740	CHAPTER 8381. NORTH PARK PUBLIC UTILITY DISTRICT
7741	7741	SUBCHAPTER A. GENERAL PROVISIONS
7742	7742	Sec. 8381.001. DEFINITIONS. In this chapter:
7743	7743	(1) "Board" means the district's board of directors.
7744	7744	(2) "Director" means a member of the board.
7745	7745	(3) "District" means the North Park Public Utility
7746	7746	District. (Acts 62nd Leg., R.S., Ch. 696, Sec. 1 (part); New.)
7747	7747	Sec. 8381.002. NATURE OF DISTRICT. The district is a
7748	7748	conservation and reclamation district in Harris County created
7749	7749	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
7750	7750	R.S., Ch. 696, Sec. 1 (part).)
7751	7751	Sec. 8381.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
7752	7752	The district is created to serve a public use and benefit.
7753	7753	(b) All land and other property included in the boundaries
7754	7754	of the district will benefit from the works and projects
7755	7755	accomplished by the district under the powers conferred by Section
7756	7756	59, Article XVI, Texas Constitution.
7757	7757	(c) The creation of the district is essential to accomplish
7758	7758	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
7759	7759	62nd Leg., R.S., Ch. 696, Secs. 1 (part), 3.)
7760	7760	Sec. 8381.004. DISTRICT TERRITORY. (a) The district is
7761	7761	composed of the territory described by Section 4, Chapter 696, Acts
7762	7762	of the 62nd Legislature, Regular Session, 1971, as that territory
7763	7763	may have been modified under:
7764	7764	(1) Subchapter H, Chapter 54, Water Code;
7765	7765	(2) Subchapter J, Chapter 49, Water Code; or
7766	7766	(3) other law.
7767	7767	(b) The boundaries and field notes of the district form a
7768	7768	closure. A mistake in copying the field notes in the legislative
7769	7769	process or another mistake in the field notes does not affect:
7770	7770	(1) the district's organization, existence, or
7771	7771	validity;
7772	7772	(2) the district's right to issue any type of bond for
7773	7773	a purpose for which the district is created or to pay the principal
7774	7774	of and interest on the bond;
7775	7775	(3) the district's right to impose a tax; or
7776	7776	(4) the legality or operation of the district or its
7777	7777	governing body. (Acts 62nd Leg., R.S., Ch. 696, Sec. 2; New.)
7778	7778	[Sections 8381.005-8381.050 reserved for expansion]
7779	7779	SUBCHAPTER B. BOARD OF DIRECTORS
7780	7780	Sec. 8381.051. COMPOSITION OF BOARD. The board is composed
7781	7781	of five elected directors. (Acts 62nd Leg., R.S., Ch. 696, Sec. 6
7782	7782	(part).)
7783	7783	Sec. 8381.052. BOARD VACANCY. (a) Except as provided by
7784	7784	Subsection (b), a vacancy in the office of director shall be filled
7785	7785	in the manner provided by Section 49.105, Water Code.
7786	7786	(b) The Texas Commission on Environmental Quality shall
7787	7787	appoint directors to fill all of the vacancies on the board whenever
7788	7788	the number of qualified directors is fewer than three. (Acts 62nd
7789	7789	Leg., R.S., Ch. 696, Sec. 6 (part); New.)
7790	7790	[Sections 8381.053-8381.100 reserved for expansion]
7791	7791	SUBCHAPTER C. POWERS AND DUTIES
7792	7792	Sec. 8381.101. MUNICIPAL UTILITY DISTRICT POWERS. The
7793	7793	district has the rights, powers, privileges, and functions
7794	7794	conferred by general law applicable to a municipal utility
7795	7795	district, including Chapters 49 and 54, Water Code. (Acts 62nd
7796	7796	Leg., R.S., Ch. 696, Sec. 5 (part); New.)
7797	7797	CHAPTER 8387. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 1
7798	7798	SUBCHAPTER A. GENERAL PROVISIONS
7799	7799	Sec. 8387.001. DEFINITIONS
7800	7800	Sec. 8387.002. NATURE OF DISTRICT
7801	7801	Sec. 8387.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
7802	7802	Sec. 8387.004. DISTRICT TERRITORY
7803	7803	[Sections 8387.005-8387.050 reserved for expansion]
7804	7804	SUBCHAPTER B. BOARD OF DIRECTORS
7805	7805	Sec. 8387.051. COMPOSITION OF BOARD
7806	7806	Sec. 8387.052. BOARD VACANCY
7807	7807	[Sections 8387.053-8387.100 reserved for expansion]
7808	7808	SUBCHAPTER C. POWERS AND DUTIES
7809	7809	Sec. 8387.101. MUNICIPAL UTILITY DISTRICT POWERS
7810	7810	Sec. 8387.102. OPERATION AND MAINTENANCE OF DISTRICT
7811	7811	FACILITIES
7812	7812	CHAPTER 8387. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 1
7813	7813	SUBCHAPTER A. GENERAL PROVISIONS
7814	7814	Sec. 8387.001. DEFINITIONS. In this chapter:
7815	7815	(1) "Board" means the district's board of directors.
7816	7816	(2) "Director" means a member of the board.
7817	7817	(3) "District" means the Northgate Crossing Municipal
7818	7818	Utility District No. 1. (Acts 69th Leg., R.S., Ch. 947, Sec. 2;
7819	7819	New.)
7820	7820	Sec. 8387.002. NATURE OF DISTRICT. The district is a
7821	7821	conservation and reclamation district in Harris County created
7822	7822	under Section 59, Article XVI, Texas Constitution. (Acts 69th
7823	7823	Leg., R.S., Ch. 947, Sec. 1 (part).)
7824	7824	Sec. 8387.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
7825	7825	The district is created to serve a public use and benefit.
7826	7826	(b) All land and other property included in the district's
7827	7827	boundaries will benefit from the works and projects accomplished by
7828	7828	the district under the powers authorized by Section 59, Article
7829	7829	XVI, Texas Constitution.
7830	7830	(c) The creation of the district is essential to accomplish
7831	7831	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
7832	7832	69th Leg., R.S., Ch. 947, Secs. 1 (part), 3.)
7833	7833	Sec. 8387.004. DISTRICT TERRITORY. (a) The district is
7834	7834	composed of the territory described by Section 4(a), Chapter 947,
7835	7835	Acts of the 69th Legislature, Regular Session, 1985, as that
7836	7836	territory may have been modified under:
7837	7837	(1) Subchapter H, Chapter 54, Water Code;
7838	7838	(2) Subchapter J, Chapter 49, Water Code; or
7839	7839	(3) other law.
7840	7840	(b) The boundaries and field notes of the district form a
7841	7841	closure. A mistake in copying the field notes in the legislative
7842	7842	process or another mistake in the field notes does not affect:
7843	7843	(1) the district's organization, existence, or
7844	7844	validity;
7845	7845	(2) the district's right to issue any type of bond for
7846	7846	a purpose for which the district is created;
7847	7847	(3) the payment of the principal of and interest on
7848	7848	bonds;
7849	7849	(4) the district's right to impose a tax; or
7850	7850	(5) the legality or operation of the district or its
7851	7851	governing body. (Acts 69th Leg., R.S., Ch. 947, Sec. 4(b); New.)
7852	7852	[Sections 8387.005-8387.050 reserved for expansion]
7853	7853	SUBCHAPTER B. BOARD OF DIRECTORS
7854	7854	Sec. 8387.051. COMPOSITION OF BOARD. The board is composed
7855	7855	of five elected directors. (Acts 69th Leg., R.S., Ch. 947, Sec.
7856	7856	7(e) (part).)
7857	7857	Sec. 8387.052. BOARD VACANCY. (a) Except as provided by
7858	7858	Subsection (b), a vacancy in the office of director shall be filled
7859	7859	in the manner provided by Section 49.105, Water Code.
7860	7860	(b) The Texas Commission on Environmental Quality shall
7861	7861	appoint directors to fill the vacancies on the board whenever the
7862	7862	number of qualified directors is fewer than three. (Acts 69th Leg.,
7863	7863	R.S., Ch. 947, Sec. 7(c) (part); New.)
7864	7864	[Sections 8387.053-8387.100 reserved for expansion]
7865	7865	SUBCHAPTER C. POWERS AND DUTIES
7866	7866	Sec. 8387.101. MUNICIPAL UTILITY DISTRICT POWERS. The
7867	7867	district may exercise the rights, powers, privileges, and functions
7868	7868	provided by general law applicable to a municipal utility district,
7869	7869	including Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S.,
7870	7870	Ch. 947, Sec. 5(a); New.)
7871	7871	Sec. 8387.102. OPERATION AND MAINTENANCE OF DISTRICT
7872	7872	FACILITIES. (a) The district shall operate and maintain any levee,
7873	7873	retainage pond, pump, mitigation channel, or other facility,
7874	7874	improvement, or property that serves property in the district
7875	7875	unless the Harris County Flood Control District undertakes to
7876	7876	operate or maintain the facility, improvement, or property.
7877	7877	(b) If, at the time the district is annexed by a
7878	7878	municipality, the annexing municipality determines not to
7879	7879	undertake to operate or maintain a levee, retainage pond, pump,
7880	7880	mitigation channel, or other facility, improvement, or property
7881	7881	that serves property in the district, the municipality may specify
7882	7882	in the annexation ordinance that the district shall continue to
7883	7883	exist exclusively to:
7884	7884	(1) operate and maintain the levee, retainage pond,
7885	7885	pump, mitigation channel, or other facility, improvement, or
7886	7886	property; and
7887	7887	(2) impose a maintenance tax in the boundaries of the
7888	7888	district, to the extent that a maintenance tax has previously been
7889	7889	authorized. (Acts 69th Leg., R.S., Ch. 947, Secs. 8(a), (b).)
7890	7890	CHAPTER 8388. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 2
7891	7891	SUBCHAPTER A. GENERAL PROVISIONS
7892	7892	Sec. 8388.001. DEFINITIONS
7893	7893	Sec. 8388.002. NATURE OF DISTRICT
7894	7894	Sec. 8388.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
7895	7895	Sec. 8388.004. DISTRICT TERRITORY
7896	7896	[Sections 8388.005-8388.050 reserved for expansion]
7897	7897	SUBCHAPTER B. BOARD OF DIRECTORS
7898	7898	Sec. 8388.051. COMPOSITION OF BOARD
7899	7899	Sec. 8388.052. BOARD VACANCY
7900	7900	[Sections 8388.053-8388.100 reserved for expansion]
7901	7901	SUBCHAPTER C. POWERS AND DUTIES
7902	7902	Sec. 8388.101. MUNICIPAL UTILITY DISTRICT POWERS
7903	7903	Sec. 8388.102. OPERATION AND MAINTENANCE OF DISTRICT
7904	7904	FACILITIES
7905	7905	CHAPTER 8388. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 2
7906	7906	SUBCHAPTER A. GENERAL PROVISIONS
7907	7907	Sec. 8388.001. DEFINITIONS. In this chapter:
7908	7908	(1) "Board" means the district's board of directors.
7909	7909	(2) "Director" means a member of the board.
7910	7910	(3) "District" means the Northgate Crossing Municipal
7911	7911	Utility District No. 2. (Acts 69th Leg., R.S., Ch. 764, Sec. 2;
7912	7912	New.)
7913	7913	Sec. 8388.002. NATURE OF DISTRICT. The district is a
7914	7914	conservation and reclamation district in Harris County created
7915	7915	under Section 59, Article XVI, Texas Constitution. (Acts 69th
7916	7916	Leg., R.S., Ch. 764, Sec. 1 (part).)
7917	7917	Sec. 8388.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
7918	7918	The district is created to serve a public use and benefit.
7919	7919	(b) All land and other property included in the district's
7920	7920	boundaries will benefit from the works and projects accomplished by
7921	7921	the district under the powers authorized by Section 59, Article
7922	7922	XVI, Texas Constitution.
7923	7923	(c) The creation of the district is essential to accomplish
7924	7924	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
7925	7925	69th Leg., R.S., Ch. 764, Secs. 1 (part), 3.)
7926	7926	Sec. 8388.004. DISTRICT TERRITORY. (a) The district is
7927	7927	composed of the territory described by Section 4(a), Chapter 764,
7928	7928	Acts of the 69th Legislature, Regular Session, 1985, as that
7929	7929	territory may have been modified under:
7930	7930	(1) Subchapter H, Chapter 54, Water Code;
7931	7931	(2) Subchapter J, Chapter 49, Water Code; or
7932	7932	(3) other law.
7933	7933	(b) The boundaries and field notes of the district form a
7934	7934	closure. A mistake in copying the field notes in the legislative
7935	7935	process or another mistake in the field notes does not affect:
7936	7936	(1) the district's organization, existence, or
7937	7937	validity;
7938	7938	(2) the district's right to issue any type of bond for
7939	7939	a purpose for which the district is created;
7940	7940	(3) the payment of the principal of and interest on
7941	7941	bonds;
7942	7942	(4) the district's right to impose a tax; or
7943	7943	(5) the legality or operation of the district or its
7944	7944	governing body. (Acts 69th Leg., R.S., Ch. 764, Sec. 4(b); New.)
7945	7945	[Sections 8388.005-8388.050 reserved for expansion]
7946	7946	SUBCHAPTER B. BOARD OF DIRECTORS
7947	7947	Sec. 8388.051. COMPOSITION OF BOARD. The board is composed
7948	7948	of five elected directors. (Acts 69th Leg., R.S., Ch. 764, Sec.
7949	7949	7(e) (part).)
7950	7950	Sec. 8388.052. BOARD VACANCY. (a) Except as provided by
7951	7951	Subsection (b), a vacancy in the office of director shall be filled
7952	7952	in the manner provided by Section 49.105, Water Code.
7953	7953	(b) The Texas Commission on Environmental Quality shall
7954	7954	appoint directors to fill the vacancies on the board whenever the
7955	7955	number of qualified directors is fewer than three. (Acts 69th Leg.,
7956	7956	R.S., Ch. 764, Sec. 7(c) (part); New.)
7957	7957	[Sections 8388.053-8388.100 reserved for expansion]
7958	7958	SUBCHAPTER C. POWERS AND DUTIES
7959	7959	Sec. 8388.101. MUNICIPAL UTILITY DISTRICT POWERS. The
7960	7960	district may exercise the rights, powers, privileges, and functions
7961	7961	provided by general law applicable to a municipal utility district,
7962	7962	including Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S.,
7963	7963	Ch. 764, Sec. 5(a); New.)
7964	7964	Sec. 8388.102. OPERATION AND MAINTENANCE OF DISTRICT
7965	7965	FACILITIES. (a) The district shall operate and maintain any levee,
7966	7966	retainage pond, pump, mitigation channel, or other facility,
7967	7967	improvement, or property that serves property in the district
7968	7968	unless the Harris County Flood Control District undertakes to
7969	7969	operate or maintain the facility, improvement, or property.
7970	7970	(b) If, at the time the district is annexed by a
7971	7971	municipality, the annexing municipality determines not to
7972	7972	undertake to operate or maintain a levee, retainage pond, pump,
7973	7973	mitigation channel, or other facility, improvement, or property
7974	7974	that serves property in the district, the municipality may specify
7975	7975	in the annexation ordinance that the district shall continue to
7976	7976	exist exclusively to:
7977	7977	(1) operate and maintain the levee, retainage pond,
7978	7978	pump, mitigation channel, or other facility, improvement, or
7979	7979	property; and
7980	7980	(2) impose a maintenance tax in the boundaries of the
7981	7981	district, to the extent that a maintenance tax has previously been
7982	7982	authorized. (Acts 69th Leg., R.S., Ch. 764, Secs. 8(a), (b).)
7983	7983	CHAPTER 8389. NORTHWEST FOREST MUNICIPAL UTILITY DISTRICT
7984	7984	SUBCHAPTER A. GENERAL PROVISIONS
7985	7985	Sec. 8389.001. DEFINITIONS
7986	7986	Sec. 8389.002. NATURE OF DISTRICT
7987	7987	Sec. 8389.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
7988	7988	Sec. 8389.004. DISTRICT TERRITORY
7989	7989	[Sections 8389.005-8389.050 reserved for expansion]
7990	7990	SUBCHAPTER B. BOARD OF DIRECTORS
7991	7991	Sec. 8389.051. COMPOSITION OF BOARD
7992	7992	Sec. 8389.052. BOARD VACANCY
7993	7993	[Sections 8389.053-8389.100 reserved for expansion]
7994	7994	SUBCHAPTER C. POWERS AND DUTIES
7995	7995	Sec. 8389.101. MUNICIPAL UTILITY DISTRICT POWERS
7996	7996	CHAPTER 8389. NORTHWEST FOREST MUNICIPAL UTILITY DISTRICT
7997	7997	SUBCHAPTER A. GENERAL PROVISIONS
7998	7998	Sec. 8389.001. DEFINITIONS. In this chapter:
7999	7999	(1) "Board" means the district's board of directors.
8000	8000	(2) "Director" means a member of the board.
8001	8001	(3) "District" means the Northwest Forest Municipal
8002	8002	Utility District. (Acts 65th Leg., R.S., Ch. 687, Sec. 1 (part);
8003	8003	New.)
8004	8004	Sec. 8389.002. NATURE OF DISTRICT. The district is a
8005	8005	conservation and reclamation district in Jefferson County created
8006	8006	under Section 59, Article XVI, Texas Constitution. (Acts 65th
8007	8007	Leg., R.S., Ch. 687, Sec. 1 (part).)
8008	8008	Sec. 8389.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8009	8009	The district is created to serve a public use and benefit.
8010	8010	(b) All land and other property included in the boundaries
8011	8011	of the district will benefit from the works and projects
8012	8012	accomplished by the district under the powers conferred by Section
8013	8013	59, Article XVI, Texas Constitution.
8014	8014	(c) The creation of the district is essential to accomplish
8015	8015	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
8016	8016	65th Leg., R.S., Ch. 687, Secs. 1 (part), 3.)
8017	8017	Sec. 8389.004. DISTRICT TERRITORY. (a) The district is
8018	8018	composed of the territory described by Section 4, Chapter 687, Acts
8019	8019	of the 65th Legislature, Regular Session, 1977, as that territory
8020	8020	may have been modified under:
8021	8021	(1) Subchapter H, Chapter 54, Water Code;
8022	8022	(2) Subchapter J, Chapter 49, Water Code; or
8023	8023	(3) other law.
8024	8024	(b) The boundaries and field notes of the district form a
8025	8025	closure. A mistake in copying the field notes in the legislative
8026	8026	process or another mistake in the field notes does not affect:
8027	8027	(1) the district's organization, existence, or
8028	8028	validity;
8029	8029	(2) the district's right to issue any type of bond for
8030	8030	a purpose for which the district is created or to pay the principal
8031	8031	of and interest on the bond;
8032	8032	(3) the district's right to impose a tax; or
8033	8033	(4) the legality or operation of the district or its
8034	8034	governing body. (Acts 65th Leg., R.S., Ch. 687, Sec. 2; New.)
8035	8035	[Sections 8389.005-8389.050 reserved for expansion]
8036	8036	SUBCHAPTER B. BOARD OF DIRECTORS
8037	8037	Sec. 8389.051. COMPOSITION OF BOARD. The board is composed
8038	8038	of five elected directors. (Acts 65th Leg., R.S., Ch. 687, Sec.
8039	8039	6(b) (part).)
8040	8040	Sec. 8389.052. BOARD VACANCY. (a) Except as provided by
8041	8041	Subsection (b), a vacancy in the office of director shall be filled
8042	8042	in the manner provided by Section 49.105, Water Code.
8043	8043	(b) The Texas Commission on Environmental Quality shall
8044	8044	appoint directors to fill all of the vacancies on the board whenever
8045	8045	the number of qualified directors is fewer than three. (Acts 65th
8046	8046	Leg., R.S., Ch. 687, Sec. 6(b) (part).)
8047	8047	[Sections 8389.053-8389.100 reserved for expansion]
8048	8048	SUBCHAPTER C. POWERS AND DUTIES
8049	8049	Sec. 8389.101. MUNICIPAL UTILITY DISTRICT POWERS. The
8050	8050	district has the rights, powers, privileges, and functions
8051	8051	conferred by general law applicable to a municipal utility
8052	8052	district, including Chapters 49 and 54, Water Code. (Acts 65th
8053	8053	Leg., R.S., Ch. 687, Sec. 5 (part); New.)
8054	8054	CHAPTER 8391. OAKMONT PUBLIC UTILITY DISTRICT
8055	8055	SUBCHAPTER A. GENERAL PROVISIONS
8056	8056	Sec. 8391.001. DEFINITIONS
8057	8057	Sec. 8391.002. NATURE OF DISTRICT
8058	8058	Sec. 8391.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
8059	8059	Sec. 8391.004. DISTRICT TERRITORY
8060	8060	[Sections 8391.005-8391.050 reserved for expansion]
8061	8061	SUBCHAPTER B. BOARD OF DIRECTORS
8062	8062	Sec. 8391.051. COMPOSITION OF BOARD
8063	8063	Sec. 8391.052. BOARD VACANCY
8064	8064	[Sections 8391.053-8391.100 reserved for expansion]
8065	8065	SUBCHAPTER C. POWERS AND DUTIES
8066	8066	Sec. 8391.101. MUNICIPAL UTILITY DISTRICT POWERS
8067	8067	CHAPTER 8391. OAKMONT PUBLIC UTILITY DISTRICT
8068	8068	SUBCHAPTER A. GENERAL PROVISIONS
8069	8069	Sec. 8391.001. DEFINITIONS. In this chapter:
8070	8070	(1) "Board" means the district's board of directors.
8071	8071	(2) "Director" means a member of the board.
8072	8072	(3) "District" means the Oakmont Public Utility
8073	8073	District. (Acts 62nd Leg., R.S., Ch. 625, Sec. 1 (part); New.)
8074	8074	Sec. 8391.002. NATURE OF DISTRICT. The district is a
8075	8075	conservation and reclamation district in Harris County created
8076	8076	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
8077	8077	R.S., Ch. 625, Sec. 1 (part).)
8078	8078	Sec. 8391.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8079	8079	The district is created to serve a public use and benefit.
8080	8080	(b) All land and other property included in the boundaries
8081	8081	of the district will benefit from the works and projects
8082	8082	accomplished by the district under the powers conferred by Section
8083	8083	59, Article XVI, Texas Constitution.
8084	8084	(c) The creation of the district is essential to accomplish
8085	8085	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
8086	8086	62nd Leg., R.S., Ch. 625, Secs. 1 (part), 3.)
8087	8087	Sec. 8391.004. DISTRICT TERRITORY. (a) The district is
8088	8088	composed of the territory described by Section 4, Chapter 625, Acts
8089	8089	of the 62nd Legislature, Regular Session, 1971, as that territory
8090	8090	may have been modified under:
8091	8091	(1) Subchapter H, Chapter 54, Water Code;
8092	8092	(2) Subchapter J, Chapter 49, Water Code; or
8093	8093	(3) other law.
8094	8094	(b) The boundaries and field notes of the district form a
8095	8095	closure. A mistake in copying the field notes in the legislative
8096	8096	process or another mistake in the field notes does not affect:
8097	8097	(1) the district's organization, existence, or
8098	8098	validity;
8099	8099	(2) the district's right to issue any type of bond for
8100	8100	a purpose for which the district is created or to pay the principal
8101	8101	of and interest on the bond;
8102	8102	(3) the district's right to impose a tax; or
8103	8103	(4) the legality or operation of the district or its
8104	8104	governing body. (Acts 62nd Leg., R.S., Ch. 625, Sec. 2; New.)
8105	8105	[Sections 8391.005-8391.050 reserved for expansion]
8106	8106	SUBCHAPTER B. BOARD OF DIRECTORS
8107	8107	Sec. 8391.051. COMPOSITION OF BOARD. The board is composed
8108	8108	of five elected directors. (Acts 62nd Leg., R.S., Ch. 625, Sec. 6
8109	8109	(part).)
8110	8110	Sec. 8391.052. BOARD VACANCY. (a) Except as provided by
8111	8111	Subsection (b), a vacancy in the office of director shall be filled
8112	8112	in the manner provided by Section 49.105, Water Code.
8113	8113	(b) The Texas Commission on Environmental Quality shall
8114	8114	appoint directors to fill all of the vacancies on the board whenever
8115	8115	the number of qualified directors is fewer than three. (Acts 62nd
8116	8116	Leg., R.S., Ch. 625, Sec. 6 (part); New.)
8117	8117	[Sections 8391.053-8391.100 reserved for expansion]
8118	8118	SUBCHAPTER C. POWERS AND DUTIES
8119	8119	Sec. 8391.101. MUNICIPAL UTILITY DISTRICT POWERS. The
8120	8120	district has the rights, powers, privileges, and functions
8121	8121	conferred by general law applicable to a municipal utility
8122	8122	district, including Chapters 49 and 54, Water Code. (Acts 62nd
8123	8123	Leg., R.S., Ch. 625, Sec. 5 (part); New.)
8124	8124	CHAPTER 8393. PINE BOUGH PUBLIC UTILITY DISTRICT
8125	8125	SUBCHAPTER A. GENERAL PROVISIONS
8126	8126	Sec. 8393.001. DEFINITIONS
8127	8127	Sec. 8393.002. NATURE OF DISTRICT
8128	8128	Sec. 8393.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
8129	8129	Sec. 8393.004. DISTRICT TERRITORY
8130	8130	[Sections 8393.005-8393.050 reserved for expansion]
8131	8131	SUBCHAPTER B. BOARD OF DIRECTORS
8132	8132	Sec. 8393.051. COMPOSITION OF BOARD
8133	8133	Sec. 8393.052. BOARD VACANCY
8134	8134	[Sections 8393.053-8393.100 reserved for expansion]
8135	8135	SUBCHAPTER C. POWERS AND DUTIES
8136	8136	Sec. 8393.101. MUNICIPAL UTILITY DISTRICT POWERS
8137	8137	CHAPTER 8393. PINE BOUGH PUBLIC UTILITY DISTRICT
8138	8138	SUBCHAPTER A. GENERAL PROVISIONS
8139	8139	Sec. 8393.001. DEFINITIONS. In this chapter:
8140	8140	(1) "Board" means the district's board of directors.
8141	8141	(2) "Director" means a member of the board.
8142	8142	(3) "District" means the Pine Bough Public Utility
8143	8143	District. (Acts 62nd Leg., R.S., Ch. 247, Sec. 1 (part); New.)
8144	8144	Sec. 8393.002. NATURE OF DISTRICT. The district is a
8145	8145	conservation and reclamation district in Harris County created
8146	8146	under Section 59, Article XVI, Texas Constitution. (Acts 62nd
8147	8147	Leg., R.S., Ch. 247, Sec. 1 (part).)
8148	8148	Sec. 8393.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8149	8149	The district is created to serve a public use and benefit.
8150	8150	(b) All land and other property included in the boundaries
8151	8151	of the district will benefit from the works and projects
8152	8152	accomplished by the district under the powers conferred by Section
8153	8153	59, Article XVI, Texas Constitution.
8154	8154	(c) The creation of the district is essential to accomplish
8155	8155	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
8156	8156	62nd Leg., R.S., Ch. 247, Secs. 1 (part), 3.)
8157	8157	Sec. 8393.004. DISTRICT TERRITORY. (a) The district is
8158	8158	composed of the territory described by Section 4, Chapter 247, Acts
8159	8159	of the 62nd Legislature, Regular Session, 1971, as that territory
8160	8160	may have been modified under:
8161	8161	(1) Subchapter H, Chapter 54, Water Code;
8162	8162	(2) Subchapter J, Chapter 49, Water Code; or
8163	8163	(3) other law.
8164	8164	(b) The boundaries and field notes of the district form a
8165	8165	closure. A mistake in copying the field notes in the legislative
8166	8166	process or another mistake in the field notes does not affect:
8167	8167	(1) the district's organization, existence, or
8168	8168	validity;
8169	8169	(2) the district's right to issue any type of bond for
8170	8170	a purpose for which the district is created or to pay the principal
8171	8171	of and interest on the bond;
8172	8172	(3) the district's right to impose a tax; or
8173	8173	(4) the legality or operation of the district or its
8174	8174	governing body. (Acts 62nd Leg., R.S., Ch. 247, Sec. 2; New.)
8175	8175	[Sections 8393.005-8393.050 reserved for expansion]
8176	8176	SUBCHAPTER B. BOARD OF DIRECTORS
8177	8177	Sec. 8393.051. COMPOSITION OF BOARD. The board is composed
8178	8178	of five elected directors. (Acts 62nd Leg., R.S., Ch. 247, Sec. 6
8179	8179	(part).)
8180	8180	Sec. 8393.052. BOARD VACANCY. (a) Except as provided by
8181	8181	Subsection (b), a vacancy in the office of director shall be filled
8182	8182	in the manner provided by Section 49.105, Water Code.
8183	8183	(b) The Texas Commission on Environmental Quality shall
8184	8184	appoint directors to fill all of the vacancies on the board whenever
8185	8185	the number of qualified directors is fewer than three. (Acts 62nd
8186	8186	Leg., R.S., Ch. 247, Sec. 6 (part); New.)
8187	8187	[Sections 8393.053-8393.100 reserved for expansion]
8188	8188	SUBCHAPTER C. POWERS AND DUTIES
8189	8189	Sec. 8393.101. MUNICIPAL UTILITY DISTRICT POWERS. The
8190	8190	district has the rights, powers, privileges, and functions
8191	8191	conferred by general law applicable to a municipal utility
8192	8192	district, including Chapters 49 and 54, Water Code. (Acts 62nd
8193	8193	Leg., R.S., Ch. 247, Sec. 5 (part); New.)
8194	8194	CHAPTER 8394. PINE VILLAGE PUBLIC UTILITY DISTRICT
8195	8195	SUBCHAPTER A. GENERAL PROVISIONS
8196	8196	Sec. 8394.001. DEFINITIONS
8197	8197	Sec. 8394.002. NATURE OF DISTRICT
8198	8198	Sec. 8394.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
8199	8199	Sec. 8394.004. DISTRICT TERRITORY
8200	8200	[Sections 8394.005-8394.050 reserved for expansion]
8201	8201	SUBCHAPTER B. BOARD OF DIRECTORS
8202	8202	Sec. 8394.051. COMPOSITION OF BOARD
8203	8203	Sec. 8394.052. BOARD VACANCY
8204	8204	[Sections 8394.053-8394.100 reserved for expansion]
8205	8205	SUBCHAPTER C. POWERS AND DUTIES
8206	8206	Sec. 8394.101. MUNICIPAL UTILITY DISTRICT POWERS
8207	8207	CHAPTER 8394. PINE VILLAGE PUBLIC UTILITY DISTRICT
8208	8208	SUBCHAPTER A. GENERAL PROVISIONS
8209	8209	Sec. 8394.001. DEFINITIONS. In this chapter:
8210	8210	(1) "Board" means the district's board of directors.
8211	8211	(2) "Director" means a member of the board.
8212	8212	(3) "District" means the Pine Village Public Utility
8213	8213	District. (Acts 62nd Leg., R.S., Ch. 650, Sec. 1 (part); New.)
8214	8214	Sec. 8394.002. NATURE OF DISTRICT. The district is a
8215	8215	conservation and reclamation district in Harris County created
8216	8216	under Section 59, Article XVI, Texas Constitution. (Acts 62nd
8217	8217	Leg., R.S., Ch. 650, Sec. 1 (part).)
8218	8218	Sec. 8394.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8219	8219	The district is created to serve a public use and benefit.
8220	8220	(b) All land and other property included in the boundaries
8221	8221	of the district will benefit from the works and projects
8222	8222	accomplished by the district under the powers conferred by Section
8223	8223	59, Article XVI, Texas Constitution.
8224	8224	(c) The creation of the district is essential to accomplish
8225	8225	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
8226	8226	62nd Leg., R.S., Ch. 650, Secs. 1 (part), 3.)
8227	8227	Sec. 8394.004. DISTRICT TERRITORY. (a) The district is
8228	8228	composed of the territory described by Section 4, Chapter 650, Acts
8229	8229	of the 62nd Legislature, Regular Session, 1971, as that territory
8230	8230	may have been modified under:
8231	8231	(1) Subchapter H, Chapter 54, Water Code;
8232	8232	(2) Subchapter J, Chapter 49, Water Code; or
8233	8233	(3) other law.
8234	8234	(b) The boundaries and field notes of the district form a
8235	8235	closure. A mistake in copying the field notes in the legislative
8236	8236	process or another mistake in the field notes does not affect:
8237	8237	(1) the district's organization, existence, or
8238	8238	validity;
8239	8239	(2) the district's right to issue any type of bond for
8240	8240	a purpose for which the district is created or to pay the principal
8241	8241	of and interest on the bond;
8242	8242	(3) the district's right to impose a tax; or
8243	8243	(4) the legality or operation of the district or its
8244	8244	governing body. (Acts 62nd Leg., R.S., Ch. 650, Sec. 2; New.)
8245	8245	[Sections 8394.005-8394.050 reserved for expansion]
8246	8246	SUBCHAPTER B. BOARD OF DIRECTORS
8247	8247	Sec. 8394.051. COMPOSITION OF BOARD. The board is composed
8248	8248	of five elected directors. (Acts 62nd Leg., R.S., Ch. 650, Sec. 6
8249	8249	(part).)
8250	8250	Sec. 8394.052. BOARD VACANCY. (a) Except as provided by
8251	8251	Subsection (b), a vacancy in the office of director shall be filled
8252	8252	in the manner provided by Section 49.105, Water Code.
8253	8253	(b) The Texas Commission on Environmental Quality shall
8254	8254	appoint directors to fill all of the vacancies on the board whenever
8255	8255	the number of qualified directors is fewer than three. (Acts 62nd
8256	8256	Leg., R.S., Ch. 650, Sec. 6 (part); New.)
8257	8257	[Sections 8394.053-8394.100 reserved for expansion]
8258	8258	SUBCHAPTER C. POWERS AND DUTIES
8259	8259	Sec. 8394.101. MUNICIPAL UTILITY DISTRICT POWERS. The
8260	8260	district has the rights, powers, privileges, and functions
8261	8261	conferred by general law applicable to a municipal utility
8262	8262	district, including Chapters 49 and 54, Water Code. (Acts 62nd
8263	8263	Leg., R.S., Ch. 650, Sec. 5 (part); New.)
8264	8264	CHAPTER 8395. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
8265	8265	SUBCHAPTER A. GENERAL PROVISIONS
8266	8266	Sec. 8395.001. DEFINITIONS
8267	8267	Sec. 8395.002. NATURE OF DISTRICT
8268	8268	Sec. 8395.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
8269	8269	Sec. 8395.004. DISTRICT TERRITORY
8270	8270	Sec. 8395.005. PROHIBITION AGAINST IMPAIRMENT OF
8271	8271	DISTRICT
8272	8272	[Sections 8395.006-8395.050 reserved for expansion]
8273	8273	SUBCHAPTER B. BOARD OF DIRECTORS
8274	8274	Sec. 8395.051. COMPOSITION OF BOARD; TERMS
8275	8275	[Sections 8395.052-8395.100 reserved for expansion]
8276	8276	SUBCHAPTER C. POWERS AND DUTIES
8277	8277	Sec. 8395.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8278	8278	DUTIES
8279	8279	[Sections 8395.102-8395.150 reserved for expansion]
8280	8280	SUBCHAPTER D. MUNICIPAL ANNEXATION
8281	8281	Sec. 8395.151. ANNEXATION BY MUNICIPALITY
8282	8282	Sec. 8395.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION
8283	8283	CHAPTER 8395. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
8284	8284	SUBCHAPTER A. GENERAL PROVISIONS
8285	8285	Sec. 8395.001. DEFINITIONS. In this chapter:
8286	8286	(1) "Board" means the district's board of directors.
8287	8287	(2) "Commission" means the Texas Commission on
8288	8288	Environmental Quality.
8289	8289	(3) "Director" means a member of the board.
8290	8290	(4) "District" means the Travis County Municipal
8291	8291	Utility District No. 3. (Acts 74th Leg., R.S., Ch. 791, Sec. 1.02;
8292	8292	New.)
8293	8293	Sec. 8395.002. NATURE OF DISTRICT. The district is a
8294	8294	conservation and reclamation district in Travis County created
8295	8295	under Section 59, Article XVI, Texas Constitution. (Acts 74th
8296	8296	Leg., R.S., Ch. 791, Secs. 1.01(a) (part), (b) (part).)
8297	8297	Sec. 8395.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8298	8298	The district is created to serve a public use and benefit.
8299	8299	(b) All land and other property included in the district
8300	8300	will benefit from the works and projects accomplished by the
8301	8301	district under the powers conferred by Section 59, Article XVI,
8302	8302	Texas Constitution.
8303	8303	(c) The creation of the district is essential to accomplish
8304	8304	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
8305	8305	74th Leg., R.S., Ch. 791, Secs. 1.01(b) (part), 1.05.)
8306	8306	Sec. 8395.004. DISTRICT TERRITORY. (a) The district is
8307	8307	composed of the territory described by Section 1.03, Chapter 791,
8308	8308	Acts of the 74th Legislature, Regular Session, 1995, as that
8309	8309	territory may have been modified under:
8310	8310	(1) Subchapter H, Chapter 54, Water Code;
8311	8311	(2) Subchapter J, Chapter 49, Water Code; or
8312	8312	(3) other law.
8313	8313	(b) The boundaries and field notes of the district form a
8314	8314	closure. A mistake in the field notes or in copying the field notes
8315	8315	in the legislative process does not affect:
8316	8316	(1) the district's organization, existence, or
8317	8317	validity;
8318	8318	(2) the district's right to impose a tax; or
8319	8319	(3) the legality or operation of the district or its
8320	8320	governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 1.04; New.)
8321	8321	Sec. 8395.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
8322	8322	A municipality in whose extraterritorial jurisdiction the district
8323	8323	is located may not take any action, including passing an ordinance
8324	8324	or resolution, that:
8325	8325	(1) impairs the district's ability to exercise the
8326	8326	district's powers under this chapter; or
8327	8327	(2) limits the district's ability to finance,
8328	8328	construct, or operate the district's water, wastewater, or drainage
8329	8329	systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 1.11.)
8330	8330	[Sections 8395.006-8395.050 reserved for expansion]
8331	8331	SUBCHAPTER B. BOARD OF DIRECTORS
8332	8332	Sec. 8395.051. COMPOSITION OF BOARD; TERMS. (a) The
8333	8333	district is governed by a board of five directors.
8334	8334	(b) Directors serve staggered four-year terms. (Acts 74th
8335	8335	Leg., R.S., Ch. 791, Secs. 1.07(a), (d).)
8336	8336	[Sections 8395.052-8395.100 reserved for expansion]
8337	8337	SUBCHAPTER C. POWERS AND DUTIES
8338	8338	Sec. 8395.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8339	8339	DUTIES. The district has the rights, powers, privileges,
8340	8340	functions, and duties provided by general law applicable to a
8341	8341	municipal utility district created under Section 59, Article XVI,
8342	8342	Texas Constitution, including Chapters 49, 50, and 54, Water Code.
8343	8343	(Acts 74th Leg., R.S., Ch. 791, Sec. 1.06(a) (part).)
8344	8344	[Sections 8395.102-8395.150 reserved for expansion]
8345	8345	SUBCHAPTER D. MUNICIPAL ANNEXATION
8346	8346	Sec. 8395.151. ANNEXATION BY MUNICIPALITY. A municipality
8347	8347	may annex the district on the earlier of:
8348	8348	(1) the installation of 90 percent of all works,
8349	8349	improvements, facilities, plants, equipment, and appliances
8350	8350	necessary and adequate to:
8351	8351	(A) provide service to the proposed development
8352	8352	within the district;
8353	8353	(B) accomplish the purposes for which the
8354	8354	district was created; and
8355	8355	(C) exercise the powers provided by general law
8356	8356	and this chapter; or
8357	8357	(2) the 20th anniversary of the date the district was
8358	8358	confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 1.12.)
8359	8359	Sec. 8395.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If
8360	8360	a municipality in whose extraterritorial jurisdiction the district
8361	8361	is located annexes the district for full or limited purposes and the
8362	8362	annexation precludes or impairs the ability of the district to
8363	8363	issue bonds, the municipality shall:
8364	8364	(1) simultaneously with the annexation, pay in cash to
8365	8365	the landowner or developer of the district a sum equal to all actual
8366	8366	costs and expenses incurred by the landowner or developer in
8367	8367	connection with the district that:
8368	8368	(A) the district has agreed in writing to pay;
8369	8369	and
8370	8370	(B) would otherwise have been eligible for
8371	8371	reimbursement from bond proceeds under the rules and requirements
8372	8372	of the commission as those rules and requirements exist on the date
8373	8373	of annexation; and
8374	8374	(2) after the annexation, install all necessary water,
8375	8375	wastewater, and drainage facilities to serve full buildout of
8376	8376	development within the district. (Acts 74th Leg., R.S., Ch. 791,
8377	8377	Sec. 1.13.)
8378	8378	CHAPTER 8396. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 4
8379	8379	SUBCHAPTER A. GENERAL PROVISIONS
8380	8380	Sec. 8396.001. DEFINITIONS
8381	8381	Sec. 8396.002. NATURE OF DISTRICT
8382	8382	Sec. 8396.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
8383	8383	Sec. 8396.004. DISTRICT TERRITORY
8384	8384	Sec. 8396.005. PROHIBITION AGAINST IMPAIRMENT OF
8385	8385	DISTRICT
8386	8386	[Sections 8396.006-8396.050 reserved for expansion]
8387	8387	SUBCHAPTER B. BOARD OF DIRECTORS
8388	8388	Sec. 8396.051. COMPOSITION OF BOARD; TERMS
8389	8389	[Sections 8396.052-8396.100 reserved for expansion]
8390	8390	SUBCHAPTER C. POWERS AND DUTIES
8391	8391	Sec. 8396.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8392	8392	DUTIES
8393	8393	[Sections 8396.102-8396.150 reserved for expansion]
8394	8394	SUBCHAPTER D. MUNICIPAL ANNEXATION
8395	8395	Sec. 8396.151. ANNEXATION BY MUNICIPALITY
8396	8396	Sec. 8396.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION
8397	8397	CHAPTER 8396. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 4
8398	8398	SUBCHAPTER A. GENERAL PROVISIONS
8399	8399	Sec. 8396.001. DEFINITIONS. In this chapter:
8400	8400	(1) "Board" means the district's board of directors.
8401	8401	(2) "Commission" means the Texas Commission on
8402	8402	Environmental Quality.
8403	8403	(3) "Director" means a member of the board.
8404	8404	(4) "District" means the Travis County Municipal
8405	8405	Utility District No. 4. (Acts 74th Leg., R.S., Ch. 791, Sec. 2.02;
8406	8406	New.)
8407	8407	Sec. 8396.002. NATURE OF DISTRICT. The district is a
8408	8408	conservation and reclamation district in Travis County created
8409	8409	under Section 59, Article XVI, Texas Constitution. (Acts 74th
8410	8410	Leg., R.S., Ch. 791, Secs. 2.01(a) (part), (b) (part).)
8411	8411	Sec. 8396.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8412	8412	The district is created to serve a public use and benefit.
8413	8413	(b) All land and other property included in the district
8414	8414	will benefit from the works and projects accomplished by the
8415	8415	district under the powers conferred by Section 59, Article XVI,
8416	8416	Texas Constitution.
8417	8417	(c) The creation of the district is essential to accomplish
8418	8418	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
8419	8419	74th Leg., R.S., Ch. 791, Secs. 2.01(b) (part), 2.05.)
8420	8420	Sec. 8396.004. DISTRICT TERRITORY. (a) The district is
8421	8421	composed of the territory described by Section 2.03, Chapter 791,
8422	8422	Acts of the 74th Legislature, Regular Session, 1995, as that
8423	8423	territory may have been modified under:
8424	8424	(1) Subchapter H, Chapter 54, Water Code;
8425	8425	(2) Subchapter J, Chapter 49, Water Code; or
8426	8426	(3) other law.
8427	8427	(b) The boundaries and field notes of the district form a
8428	8428	closure. A mistake in the field notes or in copying the field notes
8429	8429	in the legislative process does not affect:
8430	8430	(1) the district's organization, existence, or
8431	8431	validity;
8432	8432	(2) the district's right to impose a tax; or
8433	8433	(3) the legality or operation of the district or its
8434	8434	governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 2.04; New.)
8435	8435	Sec. 8396.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
8436	8436	A municipality in whose extraterritorial jurisdiction the district
8437	8437	is located may not take any action, including passing an ordinance
8438	8438	or resolution, that:
8439	8439	(1) impairs the district's ability to exercise the
8440	8440	district's powers under this chapter; or
8441	8441	(2) limits the district's ability to finance,
8442	8442	construct, or operate the district's water, wastewater, or drainage
8443	8443	systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 2.11.)
8444	8444	[Sections 8396.006-8396.050 reserved for expansion]
8445	8445	SUBCHAPTER B. BOARD OF DIRECTORS
8446	8446	Sec. 8396.051. COMPOSITION OF BOARD; TERMS. (a) The
8447	8447	district is governed by a board of five directors.
8448	8448	(b) Directors serve staggered four-year terms. (Acts 74th
8449	8449	Leg., R.S., Ch. 791, Secs. 2.07(a), (d).)
8450	8450	[Sections 8396.052-8396.100 reserved for expansion]
8451	8451	SUBCHAPTER C. POWERS AND DUTIES
8452	8452	Sec. 8396.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8453	8453	DUTIES. The district has the rights, powers, privileges,
8454	8454	functions, and duties provided by general law applicable to a
8455	8455	municipal utility district created under Section 59, Article XVI,
8456	8456	Texas Constitution, including Chapters 49, 50, and 54, Water Code.
8457	8457	(Acts 74th Leg., R.S., Ch. 791, Sec. 2.06(a) (part).)
8458	8458	[Sections 8396.102-8396.150 reserved for expansion]
8459	8459	SUBCHAPTER D. MUNICIPAL ANNEXATION
8460	8460	Sec. 8396.151. ANNEXATION BY MUNICIPALITY. A municipality
8461	8461	may annex the district on the earlier of:
8462	8462	(1) the installation of 90 percent of all works,
8463	8463	improvements, facilities, plants, equipment, and appliances
8464	8464	necessary and adequate to:
8465	8465	(A) provide service to the proposed development
8466	8466	within the district;
8467	8467	(B) accomplish the purposes for which the
8468	8468	district was created; and
8469	8469	(C) exercise the powers provided by general law
8470	8470	and this chapter; or
8471	8471	(2) the 20th anniversary of the date the district was
8472	8472	confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 2.12.)
8473	8473	Sec. 8396.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If
8474	8474	a municipality in whose extraterritorial jurisdiction the district
8475	8475	is located annexes the district for full or limited purposes and the
8476	8476	annexation precludes or impairs the ability of the district to
8477	8477	issue bonds, the municipality shall:
8478	8478	(1) simultaneously with the annexation, pay in cash to
8479	8479	the landowner or developer of the district a sum equal to all actual
8480	8480	costs and expenses incurred by the landowner or developer in
8481	8481	connection with the district that:
8482	8482	(A) the district has agreed in writing to pay;
8483	8483	and
8484	8484	(B) would otherwise have been eligible for
8485	8485	reimbursement from bond proceeds under the rules and requirements
8486	8486	of the commission as those rules and requirements exist on the date
8487	8487	of annexation; and
8488	8488	(2) after the annexation, install all necessary water,
8489	8489	wastewater, and drainage facilities to serve full buildout of
8490	8490	development within the district. (Acts 74th Leg., R.S., Ch. 791,
8491	8491	Sec. 2.13.)
8492	8492	CHAPTER 8397. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5
8493	8493	SUBCHAPTER A. GENERAL PROVISIONS
8494	8494	Sec. 8397.001. DEFINITIONS
8495	8495	Sec. 8397.002. NATURE OF DISTRICT
8496	8496	Sec. 8397.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
8497	8497	Sec. 8397.004. DISTRICT TERRITORY
8498	8498	Sec. 8397.005. PROHIBITION AGAINST IMPAIRMENT OF
8499	8499	DISTRICT
8500	8500	[Sections 8397.006-8397.050 reserved for expansion]
8501	8501	SUBCHAPTER B. BOARD OF DIRECTORS
8502	8502	Sec. 8397.051. COMPOSITION OF BOARD; TERMS
8503	8503	[Sections 8397.052-8397.100 reserved for expansion]
8504	8504	SUBCHAPTER C. POWERS AND DUTIES
8505	8505	Sec. 8397.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8506	8506	DUTIES
8507	8507	[Sections 8397.102-8397.150 reserved for expansion]
8508	8508	SUBCHAPTER D. MUNICIPAL ANNEXATION
8509	8509	Sec. 8397.151. ANNEXATION BY MUNICIPALITY
8510	8510	Sec. 8397.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION
8511	8511	CHAPTER 8397. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5
8512	8512	SUBCHAPTER A. GENERAL PROVISIONS
8513	8513	Sec. 8397.001. DEFINITIONS. In this chapter:
8514	8514	(1) "Board" means the district's board of directors.
8515	8515	(2) "Commission" means the Texas Commission on
8516	8516	Environmental Quality.
8517	8517	(3) "Director" means a member of the board.
8518	8518	(4) "District" means the Travis County Municipal
8519	8519	Utility District No. 5. (Acts 74th Leg., R.S., Ch. 791, Sec. 3.02;
8520	8520	New.)
8521	8521	Sec. 8397.002. NATURE OF DISTRICT. The district is a
8522	8522	conservation and reclamation district in Travis County created
8523	8523	under Section 59, Article XVI, Texas Constitution. (Acts 74th
8524	8524	Leg., R.S., Ch. 791, Secs. 3.01(a) (part), (b) (part).)
8525	8525	Sec. 8397.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8526	8526	The district is created to serve a public use and benefit.
8527	8527	(b) All land and other property included in the district
8528	8528	will benefit from the works and projects accomplished by the
8529	8529	district under the powers conferred by Section 59, Article XVI,
8530	8530	Texas Constitution.
8531	8531	(c) The creation of the district is essential to accomplish
8532	8532	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
8533	8533	74th Leg., R.S., Ch. 791, Secs. 3.01(b) (part), 3.05.)
8534	8534	Sec. 8397.004. DISTRICT TERRITORY. (a) The district is
8535	8535	composed of the territory described by Section 3.03, Chapter 791,
8536	8536	Acts of the 74th Legislature, Regular Session, 1995, as that
8537	8537	territory may have been modified under:
8538	8538	(1) Subchapter H, Chapter 54, Water Code;
8539	8539	(2) Subchapter J, Chapter 49, Water Code; or
8540	8540	(3) other law.
8541	8541	(b) The boundaries and field notes of the district form a
8542	8542	closure. A mistake in the field notes or in copying the field notes
8543	8543	in the legislative process does not affect:
8544	8544	(1) the district's organization, existence, or
8545	8545	validity;
8546	8546	(2) the district's right to impose a tax; or
8547	8547	(3) the legality or operation of the district or its
8548	8548	governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 3.04; New.)
8549	8549	Sec. 8397.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
8550	8550	A municipality in whose extraterritorial jurisdiction the district
8551	8551	is located may not take any action, including passing an ordinance
8552	8552	or resolution, that:
8553	8553	(1) impairs the district's ability to exercise the
8554	8554	district's powers under this chapter; or
8555	8555	(2) limits the district's ability to finance,
8556	8556	construct, or operate the district's water, wastewater, or drainage
8557	8557	systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 3.11.)
8558	8558	[Sections 8397.006-8397.050 reserved for expansion]
8559	8559	SUBCHAPTER B. BOARD OF DIRECTORS
8560	8560	Sec. 8397.051. COMPOSITION OF BOARD; TERMS. (a) The
8561	8561	district is governed by a board of five directors.
8562	8562	(b) Directors serve staggered four-year terms. (Acts 74th
8563	8563	Leg., R.S., Ch. 791, Secs. 3.07(a), (d).)
8564	8564	[Sections 8397.052-8397.100 reserved for expansion]
8565	8565	SUBCHAPTER C. POWERS AND DUTIES
8566	8566	Sec. 8397.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8567	8567	DUTIES. The district has the rights, powers, privileges,
8568	8568	functions, and duties provided by general law applicable to a
8569	8569	municipal utility district created under Section 59, Article XVI,
8570	8570	Texas Constitution, including Chapters 49, 50, and 54, Water Code.
8571	8571	(Acts 74th Leg., R.S., Ch. 791, Sec. 3.06(a) (part).)
8572	8572	[Sections 8397.102-8397.150 reserved for expansion]
8573	8573	SUBCHAPTER D. MUNICIPAL ANNEXATION
8574	8574	Sec. 8397.151. ANNEXATION BY MUNICIPALITY. A municipality
8575	8575	may annex the district on the earlier of:
8576	8576	(1) the installation of 90 percent of all works,
8577	8577	improvements, facilities, plants, equipment, and appliances
8578	8578	necessary and adequate to:
8579	8579	(A) provide service to the proposed development
8580	8580	within the district;
8581	8581	(B) accomplish the purposes for which the
8582	8582	district was created; and
8583	8583	(C) exercise the powers provided by general law
8584	8584	and this chapter; or
8585	8585	(2) the 20th anniversary of the date the district was
8586	8586	confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 3.12.)
8587	8587	Sec. 8397.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If
8588	8588	a municipality in whose extraterritorial jurisdiction the district
8589	8589	is located annexes the district for full or limited purposes and the
8590	8590	annexation precludes or impairs the ability of the district to
8591	8591	issue bonds, the municipality shall:
8592	8592	(1) simultaneously with the annexation, pay in cash to
8593	8593	the landowner or developer of the district a sum equal to all actual
8594	8594	costs and expenses incurred by the landowner or developer in
8595	8595	connection with the district that:
8596	8596	(A) the district has agreed in writing to pay;
8597	8597	and
8598	8598	(B) would otherwise have been eligible for
8599	8599	reimbursement from bond proceeds under the rules and requirements
8600	8600	of the commission as those rules and requirements exist on the date
8601	8601	of annexation; and
8602	8602	(2) after the annexation, install all necessary water,
8603	8603	wastewater, and drainage facilities to serve full buildout of
8604	8604	development within the district. (Acts 74th Leg., R.S., Ch. 791,
8605	8605	Sec. 3.13.)
8606	8606	CHAPTER 8398. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
8607	8607	SUBCHAPTER A. GENERAL PROVISIONS
8608	8608	Sec. 8398.001. DEFINITIONS
8609	8609	Sec. 8398.002. NATURE OF DISTRICT
8610	8610	Sec. 8398.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
8611	8611	Sec. 8398.004. DISTRICT TERRITORY
8612	8612	Sec. 8398.005. PROHIBITION AGAINST IMPAIRMENT OF
8613	8613	DISTRICT
8614	8614	[Sections 8398.006-8398.050 reserved for expansion]
8615	8615	SUBCHAPTER B. BOARD OF DIRECTORS
8616	8616	Sec. 8398.051. COMPOSITION OF BOARD; TERMS
8617	8617	[Sections 8398.052-8398.100 reserved for expansion]
8618	8618	SUBCHAPTER C. POWERS AND DUTIES
8619	8619	Sec. 8398.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8620	8620	DUTIES
8621	8621	[Sections 8398.102-8398.150 reserved for expansion]
8622	8622	SUBCHAPTER D. MUNICIPAL ANNEXATION
8623	8623	Sec. 8398.151. ANNEXATION BY MUNICIPALITY
8624	8624	Sec. 8398.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION
8625	8625	CHAPTER 8398. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
8626	8626	SUBCHAPTER A. GENERAL PROVISIONS
8627	8627	Sec. 8398.001. DEFINITIONS. In this chapter:
8628	8628	(1) "Board" means the district's board of directors.
8629	8629	(2) "Commission" means the Texas Commission on
8630	8630	Environmental Quality.
8631	8631	(3) "Director" means a member of the board.
8632	8632	(4) "District" means the Travis County Municipal
8633	8633	Utility District No. 6. (Acts 74th Leg., R.S., Ch. 791, Sec. 4.02;
8634	8634	New.)
8635	8635	Sec. 8398.002. NATURE OF DISTRICT. The district is a
8636	8636	conservation and reclamation district in Travis County created
8637	8637	under Section 59, Article XVI, Texas Constitution. (Acts 74th
8638	8638	Leg., R.S., Ch. 791, Secs. 4.01(a) (part), (b) (part).)
8639	8639	Sec. 8398.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8640	8640	The district is created to serve a public use and benefit.
8641	8641	(b) All land and other property included in the district
8642	8642	will benefit from the works and projects accomplished by the
8643	8643	district under the powers conferred by Section 59, Article XVI,
8644	8644	Texas Constitution.
8645	8645	(c) The creation of the district is essential to accomplish
8646	8646	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
8647	8647	74th Leg., R.S., Ch. 791, Secs. 4.01(b) (part), 4.05.)
8648	8648	Sec. 8398.004. DISTRICT TERRITORY. (a) The district is
8649	8649	composed of the territory described by Section 4.03, Chapter 791,
8650	8650	Acts of the 74th Legislature, Regular Session, 1995, as that
8651	8651	territory may have been modified under:
8652	8652	(1) Subchapter H, Chapter 54, Water Code;
8653	8653	(2) Subchapter J, Chapter 49, Water Code; or
8654	8654	(3) other law.
8655	8655	(b) The boundaries and field notes of the district form a
8656	8656	closure. A mistake in the field notes or in copying the field notes
8657	8657	in the legislative process does not affect:
8658	8658	(1) the district's organization, existence, or
8659	8659	validity;
8660	8660	(2) the district's right to impose a tax; or
8661	8661	(3) the legality or operation of the district or its
8662	8662	governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 4.04; New.)
8663	8663	Sec. 8398.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
8664	8664	A municipality in whose extraterritorial jurisdiction the district
8665	8665	is located may not take any action, including passing an ordinance
8666	8666	or resolution, that:
8667	8667	(1) impairs the district's ability to exercise the
8668	8668	district's powers under this chapter; or
8669	8669	(2) limits the district's ability to finance,
8670	8670	construct, or operate the district's water, wastewater, or drainage
8671	8671	systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 4.11.)
8672	8672	[Sections 8398.006-8398.050 reserved for expansion]
8673	8673	SUBCHAPTER B. BOARD OF DIRECTORS
8674	8674	Sec. 8398.051. COMPOSITION OF BOARD; TERMS. (a) The
8675	8675	district is governed by a board of five directors.
8676	8676	(b) Directors serve staggered four-year terms. (Acts 74th
8677	8677	Leg., R.S., Ch. 791, Secs. 4.07(a), (d).)
8678	8678	[Sections 8398.052-8398.100 reserved for expansion]
8679	8679	SUBCHAPTER C. POWERS AND DUTIES
8680	8680	Sec. 8398.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8681	8681	DUTIES. The district has the rights, powers, privileges,
8682	8682	functions, and duties provided by general law applicable to a
8683	8683	municipal utility district created under Section 59, Article XVI,
8684	8684	Texas Constitution, including Chapters 49, 50, and 54, Water Code.
8685	8685	(Acts 74th Leg., R.S., Ch. 791, Sec. 4.06(a) (part).)
8686	8686	[Sections 8398.102-8398.150 reserved for expansion]
8687	8687	SUBCHAPTER D. MUNICIPAL ANNEXATION
8688	8688	Sec. 8398.151. ANNEXATION BY MUNICIPALITY. A municipality
8689	8689	may annex the district on the earlier of:
8690	8690	(1) the installation of 90 percent of all works,
8691	8691	improvements, facilities, plants, equipment, and appliances
8692	8692	necessary and adequate to:
8693	8693	(A) provide service to the proposed development
8694	8694	within the district;
8695	8695	(B) accomplish the purposes for which the
8696	8696	district was created; and
8697	8697	(C) exercise the powers provided by general law
8698	8698	and this chapter; or
8699	8699	(2) the 20th anniversary of the date the district was
8700	8700	confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 4.12.)
8701	8701	Sec. 8398.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If
8702	8702	a municipality in whose extraterritorial jurisdiction the district
8703	8703	is located annexes the district for full or limited purposes and the
8704	8704	annexation precludes or impairs the ability of the district to
8705	8705	issue bonds, the municipality shall:
8706	8706	(1) simultaneously with the annexation, pay in cash to
8707	8707	the landowner or developer of the district a sum equal to all actual
8708	8708	costs and expenses incurred by the landowner or developer in
8709	8709	connection with the district that:
8710	8710	(A) the district has agreed in writing to pay;
8711	8711	and
8712	8712	(B) would otherwise have been eligible for
8713	8713	reimbursement from bond proceeds under the rules and requirements
8714	8714	of the commission as those rules and requirements exist on the date
8715	8715	of annexation; and
8716	8716	(2) after the annexation, install all necessary water,
8717	8717	wastewater, and drainage facilities to serve full buildout of
8718	8718	development within the district. (Acts 74th Leg., R.S., Ch. 791,
8719	8719	Sec. 4.13.)
8720	8720	CHAPTER 8399. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
8721	8721	SUBCHAPTER A. GENERAL PROVISIONS
8722	8722	Sec. 8399.001. DEFINITIONS
8723	8723	Sec. 8399.002. NATURE OF DISTRICT
8724	8724	Sec. 8399.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
8725	8725	Sec. 8399.004. DISTRICT TERRITORY
8726	8726	Sec. 8399.005. PROHIBITION AGAINST IMPAIRMENT OF
8727	8727	DISTRICT
8728	8728	[Sections 8399.006-8399.050 reserved for expansion]
8729	8729	SUBCHAPTER B. BOARD OF DIRECTORS
8730	8730	Sec. 8399.051. COMPOSITION OF BOARD; TERMS
8731	8731	[Sections 8399.052-8399.100 reserved for expansion]
8732	8732	SUBCHAPTER C. POWERS AND DUTIES
8733	8733	Sec. 8399.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8734	8734	DUTIES
8735	8735	[Sections 8399.102-8399.150 reserved for expansion]
8736	8736	SUBCHAPTER D. MUNICIPAL ANNEXATION
8737	8737	Sec. 8399.151. ANNEXATION BY MUNICIPALITY
8738	8738	Sec. 8399.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION
8739	8739	CHAPTER 8399. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
8740	8740	SUBCHAPTER A. GENERAL PROVISIONS
8741	8741	Sec. 8399.001. DEFINITIONS. In this chapter:
8742	8742	(1) "Board" means the district's board of directors.
8743	8743	(2) "Commission" means the Texas Commission on
8744	8744	Environmental Quality.
8745	8745	(3) "Director" means a member of the board.
8746	8746	(4) "District" means the Travis County Municipal
8747	8747	Utility District No. 7. (Acts 74th Leg., R.S., Ch. 791, Sec. 5.02;
8748	8748	New.)
8749	8749	Sec. 8399.002. NATURE OF DISTRICT. The district is a
8750	8750	conservation and reclamation district in Travis County created
8751	8751	under Section 59, Article XVI, Texas Constitution. (Acts 74th
8752	8752	Leg., R.S., Ch. 791, Secs. 5.01(a) (part), (b) (part).)
8753	8753	Sec. 8399.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8754	8754	The district is created to serve a public use and benefit.
8755	8755	(b) All land and other property included in the district
8756	8756	will benefit from the works and projects accomplished by the
8757	8757	district under the powers conferred by Section 59, Article XVI,
8758	8758	Texas Constitution.
8759	8759	(c) The creation of the district is essential to accomplish
8760	8760	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
8761	8761	74th Leg., R.S., Ch. 791, Secs. 5.01(b) (part), 5.05.)
8762	8762	Sec. 8399.004. DISTRICT TERRITORY. (a) The district is
8763	8763	composed of the territory described by Section 5.03, Chapter 791,
8764	8764	Acts of the 74th Legislature, Regular Session, 1995, as that
8765	8765	territory may have been modified under:
8766	8766	(1) Subchapter H, Chapter 54, Water Code;
8767	8767	(2) Subchapter J, Chapter 49, Water Code; or
8768	8768	(3) other law.
8769	8769	(b) The boundaries and field notes of the district form a
8770	8770	closure. A mistake in the field notes or in copying the field notes
8771	8771	in the legislative process does not affect:
8772	8772	(1) the district's organization, existence, or
8773	8773	validity;
8774	8774	(2) the district's right to impose a tax; or
8775	8775	(3) the legality or operation of the district or its
8776	8776	governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 5.04; New.)
8777	8777	Sec. 8399.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
8778	8778	A municipality in whose extraterritorial jurisdiction the district
8779	8779	is located may not take any action, including passing an ordinance
8780	8780	or resolution, that:
8781	8781	(1) impairs the district's ability to exercise the
8782	8782	district's powers under this chapter; or
8783	8783	(2) limits the district's ability to finance,
8784	8784	construct, or operate the district's water, wastewater, or drainage
8785	8785	systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 5.11.)
8786	8786	[Sections 8399.006-8399.050 reserved for expansion]
8787	8787	SUBCHAPTER B. BOARD OF DIRECTORS
8788	8788	Sec. 8399.051. COMPOSITION OF BOARD; TERMS. (a) The
8789	8789	district is governed by a board of five directors.
8790	8790	(b) Directors serve staggered four-year terms. (Acts 74th
8791	8791	Leg., R.S., Ch. 791, Secs. 5.07(a), (d).)
8792	8792	[Sections 8399.052-8399.100 reserved for expansion]
8793	8793	SUBCHAPTER C. POWERS AND DUTIES
8794	8794	Sec. 8399.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8795	8795	DUTIES. The district has the rights, powers, privileges,
8796	8796	functions, and duties provided by general law applicable to a
8797	8797	municipal utility district created under Section 59, Article XVI,
8798	8798	Texas Constitution, including Chapters 49, 50, and 54, Water Code.
8799	8799	(Acts 74th Leg., R.S., Ch. 791, Sec. 5.06(a) (part).)
8800	8800	[Sections 8399.102-8399.150 reserved for expansion]
8801	8801	SUBCHAPTER D. MUNICIPAL ANNEXATION
8802	8802	Sec. 8399.151. ANNEXATION BY MUNICIPALITY. A municipality
8803	8803	may annex the district on the earlier of:
8804	8804	(1) the installation of 90 percent of all works,
8805	8805	improvements, facilities, plants, equipment, and appliances
8806	8806	necessary and adequate to:
8807	8807	(A) provide service to the proposed development
8808	8808	within the district;
8809	8809	(B) accomplish the purposes for which the
8810	8810	district was created; and
8811	8811	(C) exercise the powers provided by general law
8812	8812	and this chapter; or
8813	8813	(2) the 20th anniversary of the date the district was
8814	8814	confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 5.12.)
8815	8815	Sec. 8399.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If
8816	8816	a municipality in whose extraterritorial jurisdiction the district
8817	8817	is located annexes the district for full or limited purposes and the
8818	8818	annexation precludes or impairs the ability of the district to
8819	8819	issue bonds, the municipality shall:
8820	8820	(1) simultaneously with the annexation, pay in cash to
8821	8821	the landowner or developer of the district a sum equal to all actual
8822	8822	costs and expenses incurred by the landowner or developer in
8823	8823	connection with the district that:
8824	8824	(A) the district has agreed in writing to pay;
8825	8825	and
8826	8826	(B) would otherwise have been eligible for
8827	8827	reimbursement from bond proceeds under the rules and requirements
8828	8828	of the commission as those rules and requirements exist on the date
8829	8829	of annexation; and
8830	8830	(2) after the annexation, install all necessary water,
8831	8831	wastewater, and drainage facilities to serve full buildout of
8832	8832	development within the district. (Acts 74th Leg., R.S., Ch. 791,
8833	8833	Sec. 5.13.)
8834	8834	CHAPTER 8400. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 8
8835	8835	SUBCHAPTER A. GENERAL PROVISIONS
8836	8836	Sec. 8400.001. DEFINITIONS
8837	8837	Sec. 8400.002. NATURE OF DISTRICT
8838	8838	Sec. 8400.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
8839	8839	Sec. 8400.004. DISTRICT TERRITORY
8840	8840	Sec. 8400.005. PROHIBITION AGAINST IMPAIRMENT OF
8841	8841	DISTRICT
8842	8842	[Sections 8400.006-8400.050 reserved for expansion]
8843	8843	SUBCHAPTER B. BOARD OF DIRECTORS
8844	8844	Sec. 8400.051. COMPOSITION OF BOARD; TERMS
8845	8845	[Sections 8400.052-8400.100 reserved for expansion]
8846	8846	SUBCHAPTER C. POWERS AND DUTIES
8847	8847	Sec. 8400.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8848	8848	DUTIES
8849	8849	[Sections 8400.102-8400.150 reserved for expansion]
8850	8850	SUBCHAPTER D. MUNICIPAL ANNEXATION
8851	8851	Sec. 8400.151. ANNEXATION BY MUNICIPALITY
8852	8852	Sec. 8400.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION
8853	8853	CHAPTER 8400. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 8
8854	8854	SUBCHAPTER A. GENERAL PROVISIONS
8855	8855	Sec. 8400.001. DEFINITIONS. In this chapter:
8856	8856	(1) "Board" means the district's board of directors.
8857	8857	(2) "Commission" means the Texas Commission on
8858	8858	Environmental Quality.
8859	8859	(3) "Director" means a member of the board.
8860	8860	(4) "District" means the Travis County Municipal
8861	8861	Utility District No. 8. (Acts 74th Leg., R.S., Ch. 791, Sec. 6.02;
8862	8862	New.)
8863	8863	Sec. 8400.002. NATURE OF DISTRICT. The district is a
8864	8864	conservation and reclamation district in Travis County created
8865	8865	under Section 59, Article XVI, Texas Constitution. (Acts 74th
8866	8866	Leg., R.S., Ch. 791, Secs. 6.01(a) (part), (b) (part).)
8867	8867	Sec. 8400.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8868	8868	The district is created to serve a public use and benefit.
8869	8869	(b) All land and other property included in the district
8870	8870	will benefit from the works and projects accomplished by the
8871	8871	district under the powers conferred by Section 59, Article XVI,
8872	8872	Texas Constitution.
8873	8873	(c) The creation of the district is essential to accomplish
8874	8874	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
8875	8875	74th Leg., R.S., Ch. 791, Secs. 6.01(b) (part), 6.05.)
8876	8876	Sec. 8400.004. DISTRICT TERRITORY. (a) The district is
8877	8877	composed of the territory described by Section 6.03, Chapter 791,
8878	8878	Acts of the 74th Legislature, Regular Session, 1995, as that
8879	8879	territory may have been modified under:
8880	8880	(1) Subchapter H, Chapter 54, Water Code;
8881	8881	(2) Subchapter J, Chapter 49, Water Code; or
8882	8882	(3) other law.
8883	8883	(b) The boundaries and field notes of the district form a
8884	8884	closure. A mistake in the field notes or in copying the field notes
8885	8885	in the legislative process does not affect:
8886	8886	(1) the district's organization, existence, or
8887	8887	validity;
8888	8888	(2) the district's right to impose a tax; or
8889	8889	(3) the legality or operation of the district or its
8890	8890	governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 6.04; New.)
8891	8891	Sec. 8400.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
8892	8892	A municipality in whose extraterritorial jurisdiction the district
8893	8893	is located may not take any action, including passing an ordinance
8894	8894	or resolution, that:
8895	8895	(1) impairs the district's ability to exercise the
8896	8896	district's powers under this chapter; or
8897	8897	(2) limits the district's ability to finance,
8898	8898	construct, or operate the district's water, wastewater, or drainage
8899	8899	systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 6.11.)
8900	8900	[Sections 8400.006-8400.050 reserved for expansion]
8901	8901	SUBCHAPTER B. BOARD OF DIRECTORS
8902	8902	Sec. 8400.051. COMPOSITION OF BOARD; TERMS. (a) The
8903	8903	district is governed by a board of five directors.
8904	8904	(b) Directors serve staggered four-year terms. (Acts 74th
8905	8905	Leg., R.S., Ch. 791, Secs. 6.07(a), (d).)
8906	8906	[Sections 8400.052-8400.100 reserved for expansion]
8907	8907	SUBCHAPTER C. POWERS AND DUTIES
8908	8908	Sec. 8400.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8909	8909	DUTIES. The district has the rights, powers, privileges,
8910	8910	functions, and duties provided by general law applicable to a
8911	8911	municipal utility district created under Section 59, Article XVI,
8912	8912	Texas Constitution, including Chapters 49, 50, and 54, Water Code.
8913	8913	(Acts 74th Leg., R.S., Ch. 791, Sec. 6.06(a) (part).)
8914	8914	[Sections 8400.102-8400.150 reserved for expansion]
8915	8915	SUBCHAPTER D. MUNICIPAL ANNEXATION
8916	8916	Sec. 8400.151. ANNEXATION BY MUNICIPALITY. A municipality
8917	8917	may annex the district on the earlier of:
8918	8918	(1) the installation of 90 percent of all works,
8919	8919	improvements, facilities, plants, equipment, and appliances
8920	8920	necessary and adequate to:
8921	8921	(A) provide service to the proposed development
8922	8922	within the district;
8923	8923	(B) accomplish the purposes for which the
8924	8924	district was created; and
8925	8925	(C) exercise the powers provided by general law
8926	8926	and this chapter; or
8927	8927	(2) the 20th anniversary of the date the district was
8928	8928	confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 6.12.)
8929	8929	Sec. 8400.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If
8930	8930	a municipality in whose extraterritorial jurisdiction the district
8931	8931	is located annexes the district for full or limited purposes and the
8932	8932	annexation precludes or impairs the ability of the district to
8933	8933	issue bonds, the municipality shall:
8934	8934	(1) simultaneously with the annexation, pay in cash to
8935	8935	the landowner or developer of the district a sum equal to all actual
8936	8936	costs and expenses incurred by the landowner or developer in
8937	8937	connection with the district that:
8938	8938	(A) the district has agreed in writing to pay;
8939	8939	and
8940	8940	(B) would otherwise have been eligible for
8941	8941	reimbursement from bond proceeds under the rules and requirements
8942	8942	of the commission as those rules and requirements exist on the date
8943	8943	of annexation; and
8944	8944	(2) after the annexation, install all necessary water,
8945	8945	wastewater, and drainage facilities to serve full buildout of
8946	8946	development within the district. (Acts 74th Leg., R.S., Ch. 791,
8947	8947	Sec. 6.13.)
8948	8948	CHAPTER 8401. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 9
8949	8949	SUBCHAPTER A. GENERAL PROVISIONS
8950	8950	Sec. 8401.001. DEFINITIONS
8951	8951	Sec. 8401.002. NATURE OF DISTRICT
8952	8952	Sec. 8401.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
8953	8953	Sec. 8401.004. DISTRICT TERRITORY
8954	8954	Sec. 8401.005. PROHIBITION AGAINST IMPAIRMENT OF
8955	8955	DISTRICT
8956	8956	[Sections 8401.006-8401.050 reserved for expansion]
8957	8957	SUBCHAPTER B. BOARD OF DIRECTORS
8958	8958	Sec. 8401.051. COMPOSITION OF BOARD; TERMS
8959	8959	[Sections 8401.052-8401.100 reserved for expansion]
8960	8960	SUBCHAPTER C. POWERS AND DUTIES
8961	8961	Sec. 8401.101. MUNICIPAL UTILITY DISTRICT POWERS AND
8962	8962	DUTIES
8963	8963	[Sections 8401.102-8401.150 reserved for expansion]
8964	8964	SUBCHAPTER D. MUNICIPAL ANNEXATION
8965	8965	Sec. 8401.151. ANNEXATION BY MUNICIPALITY
8966	8966	Sec. 8401.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION
8967	8967	CHAPTER 8401. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 9
8968	8968	SUBCHAPTER A. GENERAL PROVISIONS
8969	8969	Sec. 8401.001. DEFINITIONS. In this chapter:
8970	8970	(1) "Board" means the district's board of directors.
8971	8971	(2) "Commission" means the Texas Commission on
8972	8972	Environmental Quality.
8973	8973	(3) "Director" means a member of the board.
8974	8974	(4) "District" means the Travis County Municipal
8975	8975	Utility District No. 9. (Acts 74th Leg., R.S., Ch. 791, Sec. 7.02;
8976	8976	New.)
8977	8977	Sec. 8401.002. NATURE OF DISTRICT. The district is a
8978	8978	conservation and reclamation district in Travis County created
8979	8979	under Section 59, Article XVI, Texas Constitution. (Acts 74th Leg.,
8980	8980	R.S., Ch. 791, Secs. 7.01(a) (part), (b) (part).)
8981	8981	Sec. 8401.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
8982	8982	The district is created to serve a public use and benefit.
8983	8983	(b) All land and other property included in the district
8984	8984	will benefit from the works and projects accomplished by the
8985	8985	district under the powers conferred by Section 59, Article XVI,
8986	8986	Texas Constitution.
8987	8987	(c) The creation of the district is essential to accomplish
8988	8988	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
8989	8989	74th Leg., R.S., Ch. 791, Secs. 7.01(b) (part), 7.05.)
8990	8990	Sec. 8401.004. DISTRICT TERRITORY. (a) The district is
8991	8991	composed of the territory described by Section 7.03, Chapter 791,
8992	8992	Acts of the 74th Legislature, Regular Session, 1995, as that
8993	8993	territory may have been modified under:
8994	8994	(1) Subchapter H, Chapter 54, Water Code;
8995	8995	(2) Subchapter J, Chapter 49, Water Code; or
8996	8996	(3) other law.
8997	8997	(b) The boundaries and field notes of the district form a
8998	8998	closure. A mistake in the field notes or in copying the field notes
8999	8999	in the legislative process does not affect:
9000	9000	(1) the district's organization, existence, or
9001	9001	validity;
9002	9002	(2) the district's right to impose a tax; or
9003	9003	(3) the legality or operation of the district or its
9004	9004	governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 7.04; New.)
9005	9005	Sec. 8401.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
9006	9006	A municipality in whose extraterritorial jurisdiction the district
9007	9007	is located may not take any action, including passing an ordinance
9008	9008	or resolution, that:
9009	9009	(1) impairs the district's ability to exercise the
9010	9010	district's powers under this chapter; or
9011	9011	(2) limits the district's ability to finance,
9012	9012	construct, or operate the district's water, wastewater, or drainage
9013	9013	systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 7.11.)
9014	9014	[Sections 8401.006-8401.050 reserved for expansion]
9015	9015	SUBCHAPTER B. BOARD OF DIRECTORS
9016	9016	Sec. 8401.051. COMPOSITION OF BOARD; TERMS. (a) The
9017	9017	district is governed by a board of five directors.
9018	9018	(b) Directors serve staggered four-year terms. (Acts 74th
9019	9019	Leg., R.S., Ch. 791, Secs. 7.07(a), (d).)
9020	9020	[Sections 8401.052-8401.100 reserved for expansion]
9021	9021	SUBCHAPTER C. POWERS AND DUTIES
9022	9022	Sec. 8401.101. MUNICIPAL UTILITY DISTRICT POWERS AND
9023	9023	DUTIES. The district has the rights, powers, privileges, functions,
9024	9024	and duties provided by general law applicable to a municipal
9025	9025	utility district created under Section 59, Article XVI, Texas
9026	9026	Constitution, including Chapters 49, 50, and 54, Water Code. (Acts
9027	9027	74th Leg., R.S., Ch. 791, Sec. 7.06(a) (part).)
9028	9028	[Sections 8401.102-8401.150 reserved for expansion]
9029	9029	SUBCHAPTER D. MUNICIPAL ANNEXATION
9030	9030	Sec. 8401.151. ANNEXATION BY MUNICIPALITY. A municipality
9031	9031	may annex the district on the earlier of:
9032	9032	(1) the installation of 90 percent of all works,
9033	9033	improvements, facilities, plants, equipment, and appliances
9034	9034	necessary and adequate to:
9035	9035	(A) provide service to the proposed development
9036	9036	within the district;
9037	9037	(B) accomplish the purposes for which the
9038	9038	district was created; and
9039	9039	(C) exercise the powers provided by general law
9040	9040	and this chapter; or
9041	9041	(2) the 20th anniversary of the date the district was
9042	9042	confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 7.12.)
9043	9043	Sec. 8401.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If
9044	9044	a municipality in whose extraterritorial jurisdiction the district
9045	9045	is located annexes the district for full or limited purposes and the
9046	9046	annexation precludes or impairs the ability of the district to
9047	9047	issue bonds, the municipality shall:
9048	9048	(1) simultaneously with the annexation, pay in cash to
9049	9049	the landowner or developer of the district a sum equal to all actual
9050	9050	costs and expenses incurred by the landowner or developer in
9051	9051	connection with the district that:
9052	9052	(A) the district has agreed in writing to pay;
9053	9053	and
9054	9054	(B) would otherwise have been eligible for
9055	9055	reimbursement from bond proceeds under the rules and requirements
9056	9056	of the commission as those rules and requirements exist on the date
9057	9057	of annexation; and
9058	9058	(2) after the annexation, install all necessary water,
9059	9059	wastewater, and drainage facilities to serve full buildout of
9060	9060	development within the district. (Acts 74th Leg., R.S., Ch. 791,
9061	9061	Sec. 7.13.)
9062	9062	CHAPTER 8402. ROLLING CREEK UTILITY DISTRICT
9063	9063	SUBCHAPTER A. GENERAL PROVISIONS
9064	9064	Sec. 8402.001. DEFINITIONS
9065	9065	Sec. 8402.002. NATURE OF DISTRICT
9066	9066	Sec. 8402.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
9067	9067	Sec. 8402.004. DISTRICT TERRITORY
9068	9068	[Sections 8402.005-8402.050 reserved for expansion]
9069	9069	SUBCHAPTER B. BOARD OF DIRECTORS
9070	9070	Sec. 8402.051. COMPOSITION OF BOARD
9071	9071	Sec. 8402.052. BOARD VACANCY
9072	9072	[Sections 8402.053-8402.100 reserved for expansion]
9073	9073	SUBCHAPTER C. POWERS AND DUTIES
9074	9074	Sec. 8402.101. MUNICIPAL UTILITY DISTRICT POWERS
9075	9075	CHAPTER 8402. ROLLING CREEK UTILITY DISTRICT
9076	9076	SUBCHAPTER A. GENERAL PROVISIONS
9077	9077	Sec. 8402.001. DEFINITIONS. In this chapter:
9078	9078	(1) "Board" means the district's board of directors.
9079	9079	(2) "Director" means a member of the board.
9080	9080	(3) "District" means the Rolling Creek Utility
9081	9081	District. (Acts 62nd Leg., R.S., Ch. 662, Sec. 1 (part); New.)
9082	9082	Sec. 8402.002. NATURE OF DISTRICT. The district is a
9083	9083	conservation and reclamation district in Harris County created
9084	9084	under Section 59, Article XVI, Texas Constitution. (Acts 62nd
9085	9085	Leg., R.S., Ch. 662, Sec. 1 (part).)
9086	9086	Sec. 8402.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
9087	9087	The district is created to serve a public use and benefit.
9088	9088	(b) All land and other property included in the boundaries
9089	9089	of the district will benefit from the works and projects
9090	9090	accomplished by the district under the powers conferred by Section
9091	9091	59, Article XVI, Texas Constitution.
9092	9092	(c) The creation of the district is essential to accomplish
9093	9093	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
9094	9094	62nd Leg., R.S., Ch. 662, Secs. 1 (part), 3.)
9095	9095	Sec. 8402.004. DISTRICT TERRITORY. (a) The district is
9096	9096	composed of the territory described by Section 4, Chapter 662, Acts
9097	9097	of the 62nd Legislature, Regular Session, 1971, as that territory
9098	9098	may have been modified under:
9099	9099	(1) Subchapter H, Chapter 54, Water Code;
9100	9100	(2) Subchapter J, Chapter 49, Water Code; or
9101	9101	(3) other law.
9102	9102	(b) The boundaries and field notes of the district form a
9103	9103	closure. A mistake in copying the field notes in the legislative
9104	9104	process or another mistake in the field notes does not affect:
9105	9105	(1) the district's organization, existence, or
9106	9106	validity;
9107	9107	(2) the district's right to issue any type of bond for
9108	9108	a purpose for which the district is created or to pay the principal
9109	9109	of and interest on the bond;
9110	9110	(3) the district's right to impose a tax; or
9111	9111	(4) the legality or operation of the district or its
9112	9112	governing body. (Acts 62nd Leg., R.S., Ch. 662, Sec. 2; New.)
9113	9113	[Sections 8402.005-8402.050 reserved for expansion]
9114	9114	SUBCHAPTER B. BOARD OF DIRECTORS
9115	9115	Sec. 8402.051. COMPOSITION OF BOARD. The board is composed
9116	9116	of five elected directors. (Acts 62nd Leg., R.S., Ch. 662, Sec. 6
9117	9117	(part).)
9118	9118	Sec. 8402.052. BOARD VACANCY. (a) Except as provided by
9119	9119	Subsection (b), a vacancy in the office of director shall be filled
9120	9120	in the manner provided by Section 49.105, Water Code.
9121	9121	(b) The Texas Commission on Environmental Quality shall
9122	9122	appoint directors to fill all of the vacancies on the board whenever
9123	9123	the number of qualified directors is fewer than three. (Acts 62nd
9124	9124	Leg., R.S., Ch. 662, Sec. 6 (part); New.)
9125	9125	[Sections 8402.053-8402.100 reserved for expansion]
9126	9126	SUBCHAPTER C. POWERS AND DUTIES
9127	9127	Sec. 8402.101. MUNICIPAL UTILITY DISTRICT POWERS. The
9128	9128	district has the rights, powers, privileges, and functions
9129	9129	conferred by general law applicable to a municipal utility
9130	9130	district, including Chapters 49 and 54, Water Code. (Acts 62nd
9131	9131	Leg., R.S., Ch. 662, Sec. 5 (part); New.)
9132	9132	CHAPTER 8403. ROLLING FORK PUBLIC UTILITY DISTRICT
9133	9133	SUBCHAPTER A. GENERAL PROVISIONS
9134	9134	Sec. 8403.001. DEFINITIONS
9135	9135	Sec. 8403.002. NATURE OF DISTRICT
9136	9136	Sec. 8403.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
9137	9137	Sec. 8403.004. DISTRICT TERRITORY
9138	9138	[Sections 8403.005-8403.050 reserved for expansion]
9139	9139	SUBCHAPTER B. BOARD OF DIRECTORS
9140	9140	Sec. 8403.051. COMPOSITION OF BOARD
9141	9141	Sec. 8403.052. BOARD VACANCY
9142	9142	[Sections 8403.053-8403.100 reserved for expansion]
9143	9143	SUBCHAPTER C. POWERS AND DUTIES
9144	9144	Sec. 8403.101. MUNICIPAL UTILITY DISTRICT POWERS
9145	9145	CHAPTER 8403. ROLLING FORK PUBLIC UTILITY DISTRICT
9146	9146	SUBCHAPTER A. GENERAL PROVISIONS
9147	9147	Sec. 8403.001. DEFINITIONS. In this chapter:
9148	9148	(1) "Board" means the district's board of directors.
9149	9149	(2) "Director" means a member of the board.
9150	9150	(3) "District" means the Rolling Fork Public Utility
9151	9151	District. (Acts 62nd Leg., R.S., Ch. 689, Sec. 1 (part); New.)
9152	9152	Sec. 8403.002. NATURE OF DISTRICT. The district is a
9153	9153	conservation and reclamation district in Harris County created
9154	9154	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
9155	9155	R.S., Ch. 689, Sec. 1 (part).)
9156	9156	Sec. 8403.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
9157	9157	The district is created to serve a public use and benefit.
9158	9158	(b) All land and other property included in the boundaries
9159	9159	of the district will benefit from the works and projects
9160	9160	accomplished by the district under the powers conferred by Section
9161	9161	59, Article XVI, Texas Constitution.
9162	9162	(c) The creation of the district is essential to accomplish
9163	9163	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
9164	9164	62nd Leg., R.S., Ch. 689, Secs. 1 (part), 3.)
9165	9165	Sec. 8403.004. DISTRICT TERRITORY. (a) The district is
9166	9166	composed of the territory described by Section 4, Chapter 689, Acts
9167	9167	of the 62nd Legislature, Regular Session, 1971, as that territory
9168	9168	may have been modified under:
9169	9169	(1) Subchapter H, Chapter 54, Water Code;
9170	9170	(2) Subchapter J, Chapter 49, Water Code; or
9171	9171	(3) other law.
9172	9172	(b) The boundaries and field notes of the district form a
9173	9173	closure. A mistake in copying the field notes in the legislative
9174	9174	process or another mistake in the field notes does not affect:
9175	9175	(1) the district's organization, existence, or
9176	9176	validity;
9177	9177	(2) the district's right to issue any type of bond for
9178	9178	a purpose for which the district is created or to pay the principal
9179	9179	of and interest on the bond;
9180	9180	(3) the district's right to impose a tax; or
9181	9181	(4) the legality or operation of the district or its
9182	9182	governing body. (Acts 62nd Leg., R.S., Ch. 689, Sec. 2; New.)
9183	9183	[Sections 8403.005-8403.050 reserved for expansion]
9184	9184	SUBCHAPTER B. BOARD OF DIRECTORS
9185	9185	Sec. 8403.051. COMPOSITION OF BOARD. The board is composed
9186	9186	of five elected directors. (Acts 62nd Leg., R.S., Ch. 689, Sec. 6
9187	9187	(part).)
9188	9188	Sec. 8403.052. BOARD VACANCY. (a) Except as provided by
9189	9189	Subsection (b), a vacancy in the office of director shall be filled
9190	9190	in the manner provided by Section 49.105, Water Code.
9191	9191	(b) The Texas Commission on Environmental Quality shall
9192	9192	appoint directors to fill all of the vacancies on the board whenever
9193	9193	the number of qualified directors is fewer than three. (Acts 62nd
9194	9194	Leg., R.S., Ch. 689, Sec. 6 (part); New.)
9195	9195	[Sections 8403.053-8403.100 reserved for expansion]
9196	9196	SUBCHAPTER C. POWERS AND DUTIES
9197	9197	Sec. 8403.101. MUNICIPAL UTILITY DISTRICT POWERS. The
9198	9198	district has the rights, powers, privileges, and functions
9199	9199	conferred by general law applicable to a municipal utility
9200	9200	district, including Chapters 49 and 54, Water Code. (Acts 62nd
9201	9201	Leg., R.S., Ch. 689, Sec. 5 (part); New.)
9202	9202	CHAPTER 8404. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 3
9203	9203	SUBCHAPTER A. GENERAL PROVISIONS
9204	9204	Sec. 8404.001. DEFINITIONS
9205	9205	Sec. 8404.002. NATURE OF DISTRICT
9206	9206	Sec. 8404.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
9207	9207	Sec. 8404.004. DISTRICT TERRITORY
9208	9208	[Sections 8404.005-8404.050 reserved for expansion]
9209	9209	SUBCHAPTER B. BOARD OF DIRECTORS
9210	9210	Sec. 8404.051. COMPOSITION OF BOARD
9211	9211	Sec. 8404.052. BOARD VACANCY
9212	9212	[Sections 8404.053-8404.100 reserved for expansion]
9213	9213	SUBCHAPTER C. POWERS AND DUTIES
9214	9214	Sec. 8404.101. MUNICIPAL UTILITY DISTRICT POWERS
9215	9215	CHAPTER 8404. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 3
9216	9216	SUBCHAPTER A. GENERAL PROVISIONS
9217	9217	Sec. 8404.001. DEFINITIONS. In this chapter:
9218	9218	(1) "Board" means the district's board of directors.
9219	9219	(2) "Director" means a member of the board.
9220	9220	(3) "District" means the Roman Forest Public Utility
9221	9221	District No. 3. (Acts 62nd Leg., R.S., Ch. 668, Sec. 1 (part); New.)
9222	9222	Sec. 8404.002. NATURE OF DISTRICT. The district is a
9223	9223	conservation and reclamation district in Montgomery County created
9224	9224	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
9225	9225	R.S., Ch. 668, Sec. 1 (part).)
9226	9226	Sec. 8404.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
9227	9227	The district is created to serve a public use and benefit.
9228	9228	(b) All land and other property included in the boundaries
9229	9229	of the district will benefit from the works and projects
9230	9230	accomplished by the district under the powers conferred by Section
9231	9231	59, Article XVI, Texas Constitution.
9232	9232	(c) The creation of the district is essential to accomplish
9233	9233	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
9234	9234	62nd Leg., R.S., Ch. 668, Secs. 1 (part), 3.)
9235	9235	Sec. 8404.004. DISTRICT TERRITORY. (a) The district is
9236	9236	composed of the territory described by Section 4, Chapter 668, Acts
9237	9237	of the 62nd Legislature, Regular Session, 1971, as that territory
9238	9238	may have been modified under:
9239	9239	(1) Subchapter H, Chapter 54, Water Code;
9240	9240	(2) Subchapter J, Chapter 49, Water Code; or
9241	9241	(3) other law.
9242	9242	(b) The boundaries and field notes of the district form a
9243	9243	closure. A mistake in copying the field notes in the legislative
9244	9244	process or another mistake in the field notes does not affect:
9245	9245	(1) the district's organization, existence, or
9246	9246	validity;
9247	9247	(2) the district's right to issue any type of bond for
9248	9248	a purpose for which the district is created or to pay the principal
9249	9249	of and interest on the bond;
9250	9250	(3) the district's right to impose a tax; or
9251	9251	(4) the legality or operation of the district or its
9252	9252	governing body. (Acts 62nd Leg., R.S., Ch. 668, Sec. 2; New.)
9253	9253	[Sections 8404.005-8404.050 reserved for expansion]
9254	9254	SUBCHAPTER B. BOARD OF DIRECTORS
9255	9255	Sec. 8404.051. COMPOSITION OF BOARD. The board is composed
9256	9256	of five elected directors. (Acts 62nd Leg., R.S., Ch. 668, Sec. 6
9257	9257	(part).)
9258	9258	Sec. 8404.052. BOARD VACANCY. (a) Except as provided by
9259	9259	Subsection (b), a vacancy in the office of director shall be filled
9260	9260	in the manner provided by Section 49.105, Water Code.
9261	9261	(b) The Texas Commission on Environmental Quality shall
9262	9262	appoint directors to fill all of the vacancies on the board whenever
9263	9263	the number of qualified directors is fewer than three. (Acts 62nd
9264	9264	Leg., R.S., Ch. 668, Sec. 6 (part); New.)
9265	9265	[Sections 8404.053-8404.100 reserved for expansion]
9266	9266	SUBCHAPTER C. POWERS AND DUTIES
9267	9267	Sec. 8404.101. MUNICIPAL UTILITY DISTRICT POWERS. The
9268	9268	district has the rights, powers, privileges, and functions
9269	9269	conferred by general law applicable to a municipal utility
9270	9270	district, including Chapters 49 and 54, Water Code. (Acts 62nd Leg., R.S., Ch. 668, Sec. 5 (part); New.)
9271	9271	CHAPTER 8405. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 4
9272	9272	SUBCHAPTER A. GENERAL PROVISIONS
9273	9273	Sec. 8405.001. DEFINITIONS
9274	9274	Sec. 8405.002. NATURE OF DISTRICT
9275	9275	Sec. 8405.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
9276	9276	Sec. 8405.004. DISTRICT TERRITORY
9277	9277	[Sections 8405.005-8405.050 reserved for expansion]
9278	9278	SUBCHAPTER B. BOARD OF DIRECTORS
9279	9279	Sec. 8405.051. COMPOSITION OF BOARD
9280	9280	Sec. 8405.052. BOARD VACANCY
9281	9281	[Sections 8405.053-8405.100 reserved for expansion]
9282	9282	SUBCHAPTER C. POWERS AND DUTIES
9283	9283	Sec. 8405.101. MUNICIPAL UTILITY DISTRICT POWERS
9284	9284	CHAPTER 8405. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 4
9285	9285	SUBCHAPTER A. GENERAL PROVISIONS
9286	9286	Sec. 8405.001. DEFINITIONS. In this chapter:
9287	9287	(1) "Board" means the district's board of directors.
9288	9288	(2) "Director" means a member of the board.
9289	9289	(3) "District" means the Roman Forest Public Utility
9290	9290	District No. 4. (Acts 62nd Leg., R.S., Ch. 669, Sec. 1 (part); New.)
9291	9291	Sec. 8405.002. NATURE OF DISTRICT. The district is a
9292	9292	conservation and reclamation district in Montgomery County created
9293	9293	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
9294	9294	R.S., Ch. 669, Sec. 1 (part).)
9295	9295	Sec. 8405.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
9296	9296	The district is created to serve a public use and benefit.
9297	9297	(b) All land and other property included in the boundaries
9298	9298	of the district will benefit from the works and projects
9299	9299	accomplished by the district under the powers conferred by Section
9300	9300	59, Article XVI, Texas Constitution.
9301	9301	(c) The creation of the district is essential to accomplish
9302	9302	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
9303	9303	62nd Leg., R.S., Ch. 669, Secs. 1 (part), 3.)
9304	9304	Sec. 8405.004. DISTRICT TERRITORY. (a) The district is
9305	9305	composed of the territory described by Section 4, Chapter 669, Acts
9306	9306	of the 62nd Legislature, Regular Session, 1971, as that territory
9307	9307	may have been modified under:
9308	9308	(1) Subchapter H, Chapter 54, Water Code;
9309	9309	(2) Subchapter J, Chapter 49, Water Code; or
9310	9310	(3) other law.
9311	9311	(b) The boundaries and field notes of the district form a
9312	9312	closure. A mistake in copying the field notes in the legislative
9313	9313	process or another mistake in the field notes does not affect:
9314	9314	(1) the district's organization, existence, or
9315	9315	validity;
9316	9316	(2) the district's right to issue any type of bond for
9317	9317	a purpose for which the district is created or to pay the principal
9318	9318	of and interest on the bond;
9319	9319	(3) the district's right to impose a tax; or
9320	9320	(4) the legality or operation of the district or its
9321	9321	governing body. (Acts 62nd Leg., R.S., Ch. 669, Sec. 2; New.)
9322	9322	[Sections 8405.005-8405.050 reserved for expansion]
9323	9323	SUBCHAPTER B. BOARD OF DIRECTORS
9324	9324	Sec. 8405.051. COMPOSITION OF BOARD. The board is composed
9325	9325	of five elected directors. (Acts 62nd Leg., R.S., Ch. 669, Sec. 6
9326	9326	(part).)
9327	9327	Sec. 8405.052. BOARD VACANCY. (a) Except as provided by
9328	9328	Subsection (b), a vacancy in the office of director shall be filled
9329	9329	in the manner provided by Section 49.105, Water Code.
9330	9330	(b) The Texas Commission on Environmental Quality shall
9331	9331	appoint directors to fill all of the vacancies on the board whenever
9332	9332	the number of qualified directors is fewer than three. (Acts 62nd
9333	9333	Leg., R.S., Ch. 669, Sec. 6 (part); New.)
9334	9334	[Sections 8405.053-8405.100 reserved for expansion]
9335	9335	SUBCHAPTER C. POWERS AND DUTIES
9336	9336	Sec. 8405.101. MUNICIPAL UTILITY DISTRICT POWERS. The
9337	9337	district has the rights, powers, privileges, and functions
9338	9338	conferred by general law applicable to a municipal utility
9339	9339	district, including Chapters 49 and 54, Water Code. (Acts 62nd
9340	9340	Leg., R.S., Ch. 669, Sec. 5 (part); New.)
9341	9341	CHAPTER 8406. SPRING CREEK FOREST PUBLIC UTILITY DISTRICT
9342	9342	SUBCHAPTER A. GENERAL PROVISIONS
9343	9343	Sec. 8406.001. DEFINITIONS
9344	9344	Sec. 8406.002. NATURE OF DISTRICT
9345	9345	Sec. 8406.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
9346	9346	Sec. 8406.004. DISTRICT TERRITORY
9347	9347	[Sections 8406.005-8406.050 reserved for expansion]
9348	9348	SUBCHAPTER B. BOARD OF DIRECTORS
9349	9349	Sec. 8406.051. COMPOSITION OF BOARD
9350	9350	Sec. 8406.052. BOARD VACANCY
9351	9351	[Sections 8406.053-8406.100 reserved for expansion]
9352	9352	SUBCHAPTER C. POWERS AND DUTIES
9353	9353	Sec. 8406.101. MUNICIPAL UTILITY DISTRICT POWERS
9354	9354	CHAPTER 8406. SPRING CREEK FOREST PUBLIC UTILITY DISTRICT
9355	9355	SUBCHAPTER A. GENERAL PROVISIONS
9356	9356	Sec. 8406.001. DEFINITIONS. In this chapter:
9357	9357	(1) "Board" means the district's board of directors.
9358	9358	(2) "Director" means a member of the board.
9359	9359	(3) "District" means the Spring Creek Forest Public
9360	9360	Utility District. (Acts 62nd Leg., R.S., Ch. 630, Sec. 1 (part);
9361	9361	New.)
9362	9362	Sec. 8406.002. NATURE OF DISTRICT. The district is a
9363	9363	conservation and reclamation district in Harris County created
9364	9364	under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg.,
9365	9365	R.S., Ch. 630, Sec. 1 (part).)
9366	9366	Sec. 8406.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
9367	9367	The district is created to serve a public use and benefit.
9368	9368	(b) All land and other property included in the boundaries
9369	9369	of the district will benefit from the works and projects
9370	9370	accomplished by the district under the powers conferred by Section
9371	9371	59, Article XVI, Texas Constitution.
9372	9372	(c) The creation of the district is essential to accomplish
9373	9373	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
9374	9374	62nd Leg., R.S., Ch. 630, Secs. 1 (part), 3.)
9375	9375	Sec. 8406.004. DISTRICT TERRITORY. (a) The district is
9376	9376	composed of the territory described by Section 4, Chapter 630, Acts
9377	9377	of the 62nd Legislature, Regular Session, 1971, as that territory
9378	9378	may have been modified under:
9379	9379	(1) Subchapter H, Chapter 54, Water Code;
9380	9380	(2) Subchapter J, Chapter 49, Water Code; or
9381	9381	(3) other law.
9382	9382	(b) The boundaries and field notes of the district form a
9383	9383	closure. A mistake in copying the field notes in the legislative
9384	9384	process or another mistake in the field notes does not affect:
9385	9385	(1) the district's organization, existence, or
9386	9386	validity;
9387	9387	(2) the district's right to issue any type of bond for
9388	9388	a purpose for which the district is created or to pay the principal
9389	9389	of and interest on the bond;
9390	9390	(3) the district's right to impose a tax; or
9391	9391	(4) the legality or operation of the district or its
9392	9392	governing body. (Acts 62nd Leg., R.S., Ch. 630, Sec. 2; New.)
9393	9393	[Sections 8406.005-8406.050 reserved for expansion]
9394	9394	SUBCHAPTER B. BOARD OF DIRECTORS
9395	9395	Sec. 8406.051. COMPOSITION OF BOARD. The board is composed
9396	9396	of five elected directors. (Acts 62nd Leg., R.S., Ch. 630, Sec. 6
9397	9397	(part).)
9398	9398	Sec. 8406.052. BOARD VACANCY. (a) Except as provided by
9399	9399	Subsection (b), a vacancy in the office of director shall be filled
9400	9400	in the manner provided by Section 49.105, Water Code.
9401	9401	(b) The Texas Commission on Environmental Quality shall
9402	9402	appoint directors to fill all of the vacancies on the board whenever
9403	9403	the number of qualified directors is fewer than three. (Acts 62nd
9404	9404	Leg., R.S., Ch. 630, Sec. 6 (part); New.)
9405	9405	[Sections 8406.053-8406.100 reserved for expansion]
9406	9406	SUBCHAPTER C. POWERS AND DUTIES
9407	9407	Sec. 8406.101. MUNICIPAL UTILITY DISTRICT POWERS. The
9408	9408	district has the rights, powers, privileges, and functions
9409	9409	conferred by general law applicable to a municipal utility
9410	9410	district, including Chapters 49 and 54, Water Code. (Acts 62nd Leg., R.S., Ch. 630, Sec. 5 (part); New.)
9411	9411	CHAPTER 8407. SPRING CREEK UTILITY DISTRICT
9412	9412	SUBCHAPTER A. GENERAL PROVISIONS
9413	9413	Sec. 8407.001. DEFINITIONS
9414	9414	Sec. 8407.002. NATURE OF DISTRICT
9415	9415	Sec. 8407.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
9416	9416	Sec. 8407.004. DISTRICT TERRITORY
9417	9417	[Sections 8407.005-8407.050 reserved for expansion]
9418	9418	SUBCHAPTER B. BOARD OF DIRECTORS
9419	9419	Sec. 8407.051. COMPOSITION OF BOARD
9420	9420	Sec. 8407.052. BOARD VACANCY
9421	9421	[Sections 8407.053-8407.100 reserved for expansion]
9422	9422	SUBCHAPTER C. POWERS AND DUTIES
9423	9423	Sec. 8407.101. MUNICIPAL UTILITY DISTRICT POWERS
9424	9424	CHAPTER 8407. SPRING CREEK UTILITY DISTRICT
9425	9425	SUBCHAPTER A. GENERAL PROVISIONS
9426	9426	Sec. 8407.001. DEFINITIONS. In this chapter:
9427	9427	(1) "Board" means the district's board of directors.
9428	9428	(2) "Director" means a member of the board.
9429	9429	(3) "District" means the Spring Creek Utility
9430	9430	District. (Acts 62nd Leg., R.S., Ch. 682, Sec. 1 (part); New.)
9431	9431	Sec. 8407.002. NATURE OF DISTRICT. The district is a
9432	9432	conservation and reclamation district in Montgomery County created
9433	9433	under Section 59, Article XVI, Texas Constitution. (Acts 62nd
9434	9434	Leg., R.S., Ch. 682, Sec. 1 (part).)
9435	9435	Sec. 8407.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
9436	9436	The district is created to serve a public use and benefit.
9437	9437	(b) All land and other property included in the boundaries
9438	9438	of the district will benefit from the works and projects
9439	9439	accomplished by the district under the powers conferred by Section
9440	9440	59, Article XVI, Texas Constitution.
9441	9441	(c) The creation of the district is essential to accomplish
9442	9442	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
9443	9443	62nd Leg., R.S., Ch. 682, Secs. 1 (part), 3.)
9444	9444	Sec. 8407.004. DISTRICT TERRITORY. (a) The district is
9445	9445	composed of the territory described by Section 4, Chapter 682, Acts
9446	9446	of the 62nd Legislature, Regular Session, 1971, as that territory
9447	9447	may have been modified under:
9448	9448	(1) Subchapter H, Chapter 54, Water Code;
9449	9449	(2) Subchapter J, Chapter 49, Water Code; or
9450	9450	(3) other law.
9451	9451	(b) The boundaries and field notes of the district form a
9452	9452	closure. A mistake in copying the field notes in the legislative
9453	9453	process or another mistake in the field notes does not affect:
9454	9454	(1) the district's organization, existence, or
9455	9455	validity;
9456	9456	(2) the district's right to issue any type of bond for
9457	9457	a purpose for which the district is created or to pay the principal
9458	9458	of and interest on the bond;
9459	9459	(3) the district's right to impose a tax; or
9460	9460	(4) the legality or operation of the district or its
9461	9461	governing body. (Acts 62nd Leg., R.S., Ch. 682, Sec. 2; New.)
9462	9462	[Sections 8407.005-8407.050 reserved for expansion]
9463	9463	SUBCHAPTER B. BOARD OF DIRECTORS
9464	9464	Sec. 8407.051. COMPOSITION OF BOARD. The board is composed
9465	9465	of five elected directors. (Acts 62nd Leg., R.S., Ch. 682, Sec. 6
9466	9466	(part).)
9467	9467	Sec. 8407.052. BOARD VACANCY. (a) Except as provided by
9468	9468	Subsection (b), a vacancy in the office of director shall be filled
9469	9469	in the manner provided by Section 49.105, Water Code.
9470	9470	(b) The Texas Commission on Environmental Quality shall
9471	9471	appoint directors to fill all of the vacancies on the board whenever
9472	9472	the number of qualified directors is fewer than three. (Acts 62nd
9473	9473	Leg., R.S., Ch. 682, Sec. 6 (part); New.)
9474	9474	[Sections 8407.053-8407.100 reserved for expansion]
9475	9475	SUBCHAPTER C. POWERS AND DUTIES
9476	9476	Sec. 8407.101. MUNICIPAL UTILITY DISTRICT POWERS. The
9477	9477	district has the rights, powers, privileges, and functions
9478	9478	conferred by general law applicable to a municipal utility
9479	9479	district, including Chapters 49 and 54, Water Code. (Acts 62nd
9480	9480	Leg., R.S., Ch. 682, Sec. 5 (part); New.)
9481	9481	CHAPTER 8410. QUAIL CREEK MUNICIPAL UTILITY DISTRICT
9482	9482	SUBCHAPTER A. GENERAL PROVISIONS
9483	9483	Sec. 8410.001. DEFINITIONS
9484	9484	Sec. 8410.002. NATURE OF DISTRICT
9485	9485	Sec. 8410.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
9486	9486	Sec. 8410.004. DISTRICT TERRITORY
9487	9487	[Sections 8410.005-8410.050 reserved for expansion]
9488	9488	SUBCHAPTER B. BOARD OF DIRECTORS
9489	9489	Sec. 8410.051. COMPOSITION OF BOARD; TERMS
9490	9490	[Sections 8410.052-8410.100 reserved for expansion]
9491	9491	SUBCHAPTER C. POWERS AND DUTIES
9492	9492	Sec. 8410.101. MUNICIPAL UTILITY DISTRICT POWERS
9493	9493	Sec. 8410.102. WATER CONSERVATION PROGRAM
9494	9494	CHAPTER 8410. QUAIL CREEK MUNICIPAL UTILITY DISTRICT
9495	9495	SUBCHAPTER A. GENERAL PROVISIONS
9496	9496	Sec. 8410.001. DEFINITIONS. In this chapter:
9497	9497	(1) "Board" means the board of directors of the
9498	9498	district.
9499	9499	(2) "Director" means a member of the board.
9500	9500	(3) "District" means the Quail Creek Municipal Utility
9501	9501	District. (New.)
9502	9502	Sec. 8410.002. NATURE OF DISTRICT. The district is a
9503	9503	conservation and reclamation district created under Section 59,
9504	9504	Article XVI, Texas Constitution. (Acts 69th Leg., R.S., Ch. 865,
9505	9505	Sec. 1 (part).)
9506	9506	Sec. 8410.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
9507	9507	The district is created to serve a public use and benefit.
9508	9508	(b) All land and other property included in the boundaries
9509	9509	of the district will benefit from the works and projects
9510	9510	accomplished by the district under the authority granted by Section
9511	9511	59, Article XVI, Texas Constitution.
9512	9512	(c) The creation of the district is essential to accomplish
9513	9513	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
9514	9514	69th Leg., R.S., Ch. 865, Secs. 2, 5.)
9515	9515	Sec. 8410.004. DISTRICT TERRITORY. (a) The district is
9516	9516	composed of the territory described by Section 3, Chapter 865, Acts
9517	9517	of the 69th Legislature, Regular Session, 1985, as that territory
9518	9518	may have been modified under:
9519	9519	(1) Subchapter H, Chapter 54, Water Code;
9520	9520	(2) Subchapter J, Chapter 49, Water Code; or
9521	9521	(3) other law.
9522	9522	(b) The boundaries and field notes of the district form a
9523	9523	closure. A mistake in copying the field notes in the legislative
9524	9524	process or another mistake in the field notes does not affect:
9525	9525	(1) the district's organization, existence, or
9526	9526	validity;
9527	9527	(2) the district's right to issue bonds for a purpose
9528	9528	for which the district was created or to pay the principal of and
9529	9529	interest on the bonds;
9530	9530	(3) the district's right to impose a tax; or
9531	9531	(4) the legality or operation of the district or the
9532	9532	board. (Acts 69th Leg., R.S., Ch. 865, Sec. 4; New.)
9533	9533	[Sections 8410.005-8410.050 reserved for expansion]
9534	9534	SUBCHAPTER B. BOARD OF DIRECTORS
9535	9535	Sec. 8410.051. COMPOSITION OF BOARD; TERMS. (a) The
9536	9536	district is governed by a board of five elected directors.
9537	9537	(b) Directors serve staggered four-year terms. (Acts 69th
9538	9538	Leg., R.S., Ch. 865, Secs. 10(b) (part), (c).)
9539	9539	[Sections 8410.052-8410.100 reserved for expansion]
9540	9540	SUBCHAPTER C. POWERS AND DUTIES
9541	9541	Sec. 8410.101. MUNICIPAL UTILITY DISTRICT POWERS. The
9542	9542	district has the rights, powers, privileges, and functions provided
9543	9543	by general law applicable to a municipal utility district created
9544	9544	under Section 59, Article XVI, Texas Constitution, including
9545	9545	Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 865,
9546	9546	Sec. 6 (part); New.)
9547	9547	Sec. 8410.102. WATER CONSERVATION PROGRAM. (a) In this
9548	9548	section, "program of water conservation" means the practices,
9549	9549	techniques, and technologies that will reduce water consumption,
9550	9550	reduce water loss or waste, improve efficiency in water use, or
9551	9551	increase water recycling and reuse so that a water supply is
9552	9552	available for future uses.
9553	9553	(b) The district shall adopt and implement a program of
9554	9554	water conservation consistent with rules and criteria adopted and
9555	9555	enforceable by the Texas Commission on Environmental Quality for
9556	9556	similarly situated districts in the region. (Acts 69th Leg., R.S.,
9557	9557	Ch. 865, Sec. 7.)
9558	9558	SECTION 1.04. Subtitle G, Title 6, Special District Local
9559	9559	Laws Code, is amended by adding Chapters 8504 and 8505 to read as
9560	9560	follows:
9561	9561	CHAPTER 8504. LOWER NECHES VALLEY AUTHORITY
9562	9562	SUBCHAPTER A. GENERAL PROVISIONS
9563	9563	Sec. 8504.001. DEFINITIONS
9564	9564	Sec. 8504.002. CREATION AND NATURE OF AUTHORITY
9565	9565	Sec. 8504.003. TERRITORY
9566	9566	Sec. 8504.004. LIBERAL CONSTRUCTION OF CHAPTER
9567	9567	[Sections 8504.005-8504.050 reserved for expansion]
9568	9568	SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
9569	9569	Sec. 8504.051. MEMBERSHIP OF BOARD
9570	9570	Sec. 8504.052. TERMS
9571	9571	Sec. 8504.053. VACANCY
9572	9572	Sec. 8504.054. OATH AND BOND REQUIREMENT FOR DIRECTORS
9573	9573	Sec. 8504.055. COMPENSATION OF DIRECTORS
9574	9574	Sec. 8504.056. QUORUM; VOTING REQUIREMENT
9575	9575	Sec. 8504.057. GENERAL MANAGER
9576	9576	[Sections 8504.058-8504.100 reserved for expansion]
9577	9577	SUBCHAPTER C. POWERS AND DUTIES
9578	9578	Sec. 8504.101. POWERS UNDER CONSTITUTION AND OTHER LAW
9579	9579	Sec. 8504.102. POWERS TO ACCOMPLISH PURPOSES FOR WHICH
9580	9580	CREATED
9581	9581	Sec. 8504.103. GENERAL POWERS RELATING TO WORKS AND
9582	9582	WATER
9583	9583	Sec. 8504.104. ADDITIONAL POWERS RELATING TO
9584	9584	PARTICULAR PURPOSES; NOT A LIMITATION
9585	9585	Sec. 8504.105. POWERS RELATING TO PURCHASE OR
9586	9586	CONSTRUCTION OF WORKS OR ACQUISITION
9587	9587	OF PROPERTY
9588	9588	Sec. 8504.106. ADDITIONAL POWERS RELATING TO
9589	9589	ACQUISITION OR OPERATION OF PROPERTY
9590	9590	Sec. 8504.107. POWERS RELATING TO CONTRACT, LEASE,
9591	9591	AGREEMENT, OR CONVEYANCE
9592	9592	Sec. 8504.108. POWERS RELATING TO RECREATIONAL
9593	9593	FACILITIES
9594	9594	Sec. 8504.109. EMINENT DOMAIN
9595	9595	Sec. 8504.110. STATE SUPERVISION AND APPROVAL
9596	9596	[Sections 8504.111-8504.150 reserved for expansion]
9597	9597	SUBCHAPTER D. POWERS RELATING TO DEVERS CANAL SYSTEM AND ITS WATER
9598	9598	RIGHTS AND ASSOCIATED PROPERTY
9599	9599	Sec. 8504.151. DEFINITIONS
9600	9600	Sec. 8504.152. POWERS RELATING TO CANAL SYSTEM
9601	9601	Sec. 8504.153. POWERS RELATING TO WATER
9602	9602	Sec. 8504.154. RIGHT OF FIRST REFUSAL FOR CERTAIN
9603	9603	WATER CONTRACTS
9604	9604	[Sections 8504.155-8504.200 reserved for expansion]
9605	9605	SUBCHAPTER E. ECONOMIC DEVELOPMENT PROGRAMS
9606	9606	Sec. 8504.201. DEFINITION
9607	9607	Sec. 8504.202. LEGISLATIVE FINDINGS
9608	9608	Sec. 8504.203. AUTHORITY FOR ECONOMIC DEVELOPMENT
9609	9609	PROGRAM; PROGRAM AREA
9610	9610	Sec. 8504.204. ESTABLISHMENT OF PROGRAM
9611	9611	Sec. 8504.205. PARTICIPATION IN PROGRAM BY OTHER
9612	9612	PERSONS
9613	9613	Sec. 8504.206. STAFFING AND FUNDING OF PROGRAM
9614	9614	Sec. 8504.207. AGREEMENT
9615	9615	Sec. 8504.208. GUIDELINES FOR ASSISTANCE TO PUBLIC
9616	9616	FIREFIGHTING ORGANIZATIONS
9617	9617	Sec. 8504.209. BOARD DETERMINATION CONCLUSIVE
9618	9618	[Sections 8504.210-8504.250 reserved for expansion]
9619	9619	SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
9620	9620	Sec. 8504.251. FEES AND CHARGES
9621	9621	Sec. 8504.252. TAX OR SPECIAL ASSESSMENT NOT
9622	9622	AUTHORIZED BY CHAPTER
9623	9623	[Sections 8504.253-8504.300 reserved for expansion]
9624	9624	SUBCHAPTER G. OBLIGATIONS RELATING TO BORROWED MONEY
9625	9625	Sec. 8504.301. GENERAL POWER TO BORROW MONEY
9626	9626	Sec. 8504.302. COVENANTS FOR MARKETABILITY
9627	9627	Sec. 8504.303. HOLDER OF OBLIGATION MAY COMPEL
9628	9628	PERFORMANCE
9629	9629	Sec. 8504.304. HOLDER OF OBLIGATION ENTITLED TO
9630	9630	ADMINISTRATOR OR RECEIVER
9631	9631	Sec. 8504.305. ADDITIONAL SECURITY FOR OBLIGATION:
9632	9632	MORTGAGE AND ENCUMBRANCE
9633	9633	Sec. 8504.306. SALE UNDER MORTGAGE OR ENCUMBRANCE
9634	9634	Sec. 8504.307. INSURING IMPROVEMENTS AND FACILITIES
9635	9635	Sec. 8504.308. TAX EXEMPTION
9636	9636	CHAPTER 8504. LOWER NECHES VALLEY AUTHORITY
9637	9637	SUBCHAPTER A. GENERAL PROVISIONS
9638	9638	Sec. 8504.001. DEFINITIONS. In this chapter:
9639	9639	(1) "Authority" means the Lower Neches Valley
9640	9640	Authority.
9641	9641	(2) "Basins" means the Neches River basin and the
9642	9642	adjoining Neches-Trinity coastal basin.
9643	9643	(3) "Board" means the board of directors of the
9644	9644	authority.
9645	9645	(4) "Commission" means the Texas Commission on
9646	9646	Environmental Quality.
9647	9647	(5) "Director" means a member of the board. (Acts 43rd
9648	9648	Leg., 1st C.S., Ch. 63, Secs. 1 (part), 13C(a)(2); New.)
9649	9649	Sec. 8504.002. CREATION AND NATURE OF AUTHORITY. The
9650	9650	authority is created as a conservation and reclamation district.
9651	9651	The authority is an independent governmental agency and a body
9652	9652	politic and corporate. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 1
9653	9653	(part).)
9654	9654	Sec. 8504.003. TERRITORY. Unless modified under Subchapter
9655	9655	J, Chapter 49, Water Code, or other law, the authority's territory
9656	9656	is composed of:
9657	9657	(1) all of Jefferson, Hardin, and Tyler Counties;
9658	9658	(2) a strip of land 10 miles in width off the eastern
9659	9659	end of Liberty County (the west line of that strip being parallel to
9660	9660	and 10 miles west of the extreme eastern boundary line of Liberty
9661	9661	County); and
9662	9662	(3) a strip of land 15 miles in width off the east side
9663	9663	of Chambers County (the west line of that strip being parallel to
9664	9664	and 15 miles west of the eastern boundary line of Chambers County).
9665	9665	(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 2; New.)
9666	9666	Sec. 8504.004. LIBERAL CONSTRUCTION OF CHAPTER. This
9667	9667	chapter shall be liberally construed to effect its purposes. (Acts
9668	9668	43rd Leg., 1st C.S., Ch. 63, Sec. 15 (part).)
9669	9669	[Sections 8504.005-8504.050 reserved for expansion]
9670	9670	SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
9671	9671	Sec. 8504.051. MEMBERSHIP OF BOARD. (a) The board consists
9672	9672	of nine directors appointed by the governor with the advice and
9673	9673	consent of the senate.
9674	9674	(b) Each director must be a freehold property taxpayer and a
9675	9675	qualified voter of this state.
9676	9676	(c) Five directors must reside in Jefferson County, two
9677	9677	directors must reside in Hardin County, and two directors must
9678	9678	reside in Tyler County. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 3
9679	9679	(part).)
9680	9680	Sec. 8504.052. TERMS. Directors hold office for staggered
9681	9681	terms of six years. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 3
9682	9682	(part).)
9683	9683	Sec. 8504.053. VACANCY. A vacancy on the board shall be
9684	9684	filled for the unexpired term in the same manner as provided for an
9685	9685	appointment for a full term. (Acts 43rd Leg., 1st C.S., Ch. 63,
9686	9686	Sec. 3 (part).)
9687	9687	Sec. 8504.054. OATH AND BOND REQUIREMENT FOR DIRECTORS.
9688	9688	(a) A director shall, within 15 days after the date of appointment,
9689	9689	qualify by taking the constitutional oath of office and by filing a
9690	9690	good and sufficient bond with the secretary of state.
9691	9691	(b) The bond is subject to approval by the secretary of
9692	9692	state and must:
9693	9693	(1) be in the amount of $5,000;
9694	9694	(2) be payable to the authority; and
9695	9695	(3) be conditioned on the faithful performance of the
9696	9696	duties as a director. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 3
9697	9697	(part).)
9698	9698	Sec. 8504.055. COMPENSATION OF DIRECTORS. (a) A director
9699	9699	is entitled to receive a fee of office for each day of service
9700	9700	approved by a vote of the board and necessary to discharge the
9701	9701	director's duties.
9702	9702	(b) The board shall set the fee described by Subsection (a)
9703	9703	in an amount not greater than the amount allowed under general law.
9704	9704	(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 7.)
9705	9705	Sec. 8504.056. QUORUM; VOTING REQUIREMENT. (a) Five
9706	9706	directors constitute a quorum at any meeting.
9707	9707	(b) A concurrence of a majority of the directors present is
9708	9708	sufficient in any matter pertaining to authority business. (Acts
9709	9709	43rd Leg., 1st C.S., Ch. 63, Sec. 4.)
9710	9710	Sec. 8504.057. GENERAL MANAGER. The board shall employ a
9711	9711	general manager at the compensation set by a majority of the board.
9712	9712	(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 3 (part).)
9713	9713	[Sections 8504.058-8504.100 reserved for expansion]
9714	9714	SUBCHAPTER C. POWERS AND DUTIES
9715	9715	Sec. 8504.101. POWERS UNDER CONSTITUTION AND OTHER LAW.
9716	9716	The authority has and is vested with the powers of a conservation
9717	9717	and reclamation district under the constitution and other laws of
9718	9718	this state, including the powers:
9719	9719	(1) expressly authorized by Section 59, Article XVI,
9720	9720	Texas Constitution, for a district created to conserve, store,
9721	9721	control, preserve, use, and distribute storm water, floodwater, and
9722	9722	the water of the rivers and streams of the state;
9723	9723	(2) implied by the purposes of that section of the
9724	9724	constitution; and
9725	9725	(3) conferred by general law. (Acts 43rd Leg., 1st
9726	9726	C.S., Ch. 63, Sec. 1 (part).)
9727	9727	Sec. 8504.102. POWERS TO ACCOMPLISH PURPOSES FOR WHICH
9728	9728	CREATED. The authority has and may exercise the functions, powers,
9729	9729	rights, and duties as may permit the authority to accomplish the
9730	9730	purposes for which it is created. (Acts 43rd Leg., 1st C.S., Ch.
9731	9731	63, Sec. 15 (part).)
9732	9732	Sec. 8504.103. GENERAL POWERS RELATING TO WORKS AND WATER.
9733	9733	(a) The authority may construct, maintain, and operate in the
9734	9734	basins, inside or outside the authority, any work considered
9735	9735	essential:
9736	9736	(1) to the operation of the authority; and
9737	9737	(2) for the authority's administration in the control,
9738	9738	storage, preservation, and distribution to all useful purposes of
9739	9739	the water, including storm water and floodwater, of the basins.
9740	9740	(b) The authority has the same power of control and
9741	9741	regulation over the water of the basins that the state has, subject
9742	9742	to the constitution and statutes of this state. (Acts 43rd Leg.,
9743	9743	1st C.S., Ch. 63, Sec. 1 (part).)
9744	9744	Sec. 8504.104. ADDITIONAL POWERS RELATING TO PARTICULAR
9745	9745	PURPOSES; NOT A LIMITATION. (a) For the conservation and
9746	9746	beneficial use of the water of the basins, including storm water and
9747	9747	floodwater, the authority may control and use the water in the
9748	9748	manner and for the particular purposes described below:
9749	9749	(1) for the prevention of the devastation of land from
9750	9750	recurrent overflows;
9751	9751	(2) for the protection of life and property in the
9752	9752	authority from uncontrolled floodwater;
9753	9753	(3) to encourage the conservation of soil;
9754	9754	(4) to prevent destructive erosion;
9755	9755	(5) to provide through practical and legal means for
9756	9756	the control and coordination of the regulation of that water;
9757	9757	(6) to provide by adequate organization and
9758	9758	administration for the preservation of the equitable rights of the
9759	9759	people of different sections of the watershed area in the
9760	9760	beneficial use of that water;
9761	9761	(7) for the storage, control, and conservation of that
9762	9762	water inside or outside the authority and the prevention of the
9763	9763	escape of that water without the maximum of public service;
9764	9764	(8) for the equitable distribution of that water to
9765	9765	meet the regional potential requirements for all uses;
9766	9766	(9) for any purpose for which floodwater and storm
9767	9767	water when controlled and conserved may be used in the performance
9768	9768	of a useful service as authorized by the constitution of this state;
9769	9769	(10) for the conservation of the water essential for
9770	9770	the domestic and municipal uses of the people of the authority;
9771	9771	(11) to control the water and make it available for use
9772	9772	in the development of commercial and industrial enterprises in the
9773	9773	basins or the authority;
9774	9774	(12) to control, store, and use the water in the
9775	9775	development and distribution of hydroelectric power, if that use is
9776	9776	economically coordinated with and subordinate to other uses
9777	9777	declared by law to be superior;
9778	9778	(13) for the irrigation of all land in the authority or
9779	9779	outside the authority but inside the basins; and
9780	9780	(14) to provide for the drainage of land in the basins.
9781	9781	(b) The plans and works provided by the authority in acting
9782	9782	under this section, and the works provided under the power of the
9783	9783	authority in acting under this section, shall have primary regard
9784	9784	for the necessary and potential needs for water by or in the area in
9785	9785	the authority constituting the basins.
9786	9786	(c) This section does not limit the powers of the authority
9787	9787	expressed elsewhere in this chapter or under other law. (Acts 43rd
9788	9788	Leg., 1st C.S., Ch. 63, Sec. 13A-1.)
9789	9789	Sec. 8504.105. POWERS RELATING TO PURCHASE OR CONSTRUCTION
9790	9790	OF WORKS OR ACQUISITION OF PROPERTY. The authority may:
9791	9791	(1) purchase or construct any work necessary or
9792	9792	convenient for the exercise of the authority's powers under this
9793	9793	chapter and to accomplish the purposes of this chapter; and
9794	9794	(2) purchase or otherwise acquire land or other
9795	9795	property necessary or convenient for carrying out the purposes of
9796	9796	this chapter. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13A-2.)
9797	9797	Sec. 8504.106. ADDITIONAL POWERS RELATING TO ACQUISITION OR
9798	9798	OPERATION OF PROPERTY. (a) In this section, "property" includes:
9799	9799	(1) rights, including water rights; and
9800	9800	(2) land, tenements, easements, rights-of-way,
9801	9801	improvements, reservoirs, dams, canals, laterals, plants, works,
9802	9802	and facilities.
9803	9803	(b) The authority may investigate, plan, acquire,
9804	9804	construct, maintain, or operate any property the authority
9805	9805	considers necessary or proper to accomplish the purposes for which
9806	9806	the authority is created.
9807	9807	(c) The power described by Subsection (b) includes the power
9808	9808	to acquire, inside or outside the authority, property that is
9809	9809	incidental or helpful to carrying out the purposes for which the
9810	9810	authority is created. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 15
9811	9811	(part); New.)
9812	9812	Sec. 8504.107. POWERS RELATING TO CONTRACT, LEASE,
9813	9813	AGREEMENT, OR CONVEYANCE. (a) In this section, "property"
9814	9814	includes land, rights, tenements, easements, improvements,
9815	9815	reservoirs, dams, canals, laterals, plants, works, and facilities.
9816	9816	(b) The authority may with any person enter into a contract,
9817	9817	lease, or agreement necessary or convenient to carry out a power
9818	9818	granted to the authority under this chapter.
9819	9819	(c) The authority may:
9820	9820	(1) convey or cause to be conveyed any of its property
9821	9821	to the United States; and
9822	9822	(2) enter into a lease, regardless of whether it
9823	9823	includes a privilege of purchase, with the United States relating
9824	9824	to the property and obligate the authority to pay rent under the
9825	9825	lease from the income or other revenue of the property.
9826	9826	(d) A contract, lease, or agreement under this section must
9827	9827	be approved by board resolution and must be executed by the board
9828	9828	president and attested by the board secretary.
9829	9829	(e) This section does not authorize the authority to assume
9830	9830	an obligation requiring a payment from taxes. (Acts 43rd Leg., 1st
9831	9831	C.S., Ch. 63, Sec. 13A-5; New.)
9832	9832	Sec. 8504.108. POWERS RELATING TO RECREATIONAL FACILITIES.
9833	9833	The authority may acquire land for recreational facilities and may
9834	9834	construct, operate, and maintain recreational facilities as
9835	9835	provided by general law, provided that money derived from taxation
9836	9836	may not be spent in purchasing that land or constructing and
9837	9837	maintaining those facilities. (Acts 43rd Leg., 1st C.S., Ch. 63,
9838	9838	Sec. 13A-6.)
9839	9839	Sec. 8504.109. EMINENT DOMAIN. (a) The authority may
9840	9840	exercise the power of eminent domain inside or outside the
9841	9841	authority to acquire the fee simple title to, or an easement or
9842	9842	right-of-way over or through, any private or public land, water, or
9843	9843	land under water that is necessary or convenient for carrying out
9844	9844	any purpose or power conferred on the authority by this chapter.
9845	9845	(b) A condemnation proceeding is under the direction of the
9846	9846	board and must be in the name of the authority.
9847	9847	(c) The assessment of damages and all procedures with
9848	9848	reference to condemnation, appeal, and payment must conform to
9849	9849	Chapter 21, Property Code. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec.
9850	9850	13A-3.)
9851	9851	Sec. 8504.110. STATE SUPERVISION AND APPROVAL. The powers
9852	9852	and duties conferred on the authority by this chapter, and the
9853	9853	adequacy of any plan for flood control or conservation improvement
9854	9854	purposes devised by the authority, are subject to such continuing
9855	9855	rights of state supervision and state approvals as are required
9856	9856	under general law. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 14.)
9857	9857	[Sections 8504.111-8504.150 reserved for expansion]
9858	9858	SUBCHAPTER D. POWERS RELATING TO DEVERS CANAL SYSTEM AND ITS WATER
9859	9859	RIGHTS AND ASSOCIATED PROPERTY
9860	9860	Sec. 8504.151. DEFINITIONS. In this subchapter:
9861	9861	(1) "Canal system" means the canal system and
9862	9862	associated properties generally known as the Devers Canal System.
9863	9863	(2) "Navigation district" means the Chambers-Liberty
9864	9864	Counties Navigation District. (Acts 43rd Leg., 1st C.S., Ch. 63,
9865	9865	Secs. 13C(a)(1), (3).)
9866	9866	Sec. 8504.152. POWERS RELATING TO CANAL SYSTEM. The
9867	9867	authority may:
9868	9868	(1) acquire, own, operate, maintain, and improve the
9869	9869	canal system; and
9870	9870	(2) enlarge and extend the canal system east of the
9871	9871	Trinity River in Chambers, Liberty, and Jefferson Counties. (Acts
9872	9872	43rd Leg., 1st C.S., Ch. 63, Sec. 13C(b).)
9873	9873	Sec. 8504.153. POWERS RELATING TO WATER. (a) The authority
9874	9874	may own the water rights and appropriate and divert water of this
9875	9875	state under the permits and contracts previously owned by and
9876	9876	acquired from the Devers Canal Rice Producers Association, Inc.
9877	9877	(b) Except as provided by Section 8504.154, the authority
9878	9878	may distribute, sell, and use water of this state for any purpose
9879	9879	approved by the commission. (Acts 43rd Leg., 1st C.S., Ch. 63,
9880	9880	Secs. 13C(c), (d).)
9881	9881	Sec. 8504.154. RIGHT OF FIRST REFUSAL FOR CERTAIN WATER
9882	9882	CONTRACTS. (a) This section applies only to a contract to sell or
9883	9883	provide water:
9884	9884	(1) that is for any use other than irrigation in
9885	9885	Chambers County outside the authority's boundaries; and
9886	9886	(2) that the navigation district had authority to sell
9887	9887	or provide under the navigation district's water rights on May 1,
9888	9888	2009.
9889	9889	(b) Before entering into a contract, the authority must:
9890	9890	(1) send to the navigation district a written notice
9891	9891	of intent to sell or provide water for nonirrigation use in Chambers
9892	9892	County outside the authority's boundaries; and
9893	9893	(2) allow the navigation district 30 days to exercise
9894	9894	a right of first refusal to provide the water.
9895	9895	(c) Not later than the 30th day after the date the
9896	9896	navigation district receives the notice of intent under Subsection
9897	9897	(b), the navigation district may exercise its right of first
9898	9898	refusal under Subsection (b) by delivering to the authority notice
9899	9899	that it intends to exercise that right.
9900	9900	(d) The authority may enter into a contract only if the
9901	9901	navigation district:
9902	9902	(1) fails to comply with Subsection (c); or
9903	9903	(2) complies with Subsection (c) and does not enter
9904	9904	into a contract to sell or otherwise provide water for the use
9905	9905	described by the authority's notice of intent under Subsection (b)
9906	9906	before the expiration of four months after the date the navigation
9907	9907	district receives the notice of intent. (Acts 43rd Leg., 1st C.S.,
9908	9908	Ch. 63, Secs. 13C(e), (f), (g).)
9909	9909	[Sections 8504.155-8504.200 reserved for expansion]
9910	9910	SUBCHAPTER E. ECONOMIC DEVELOPMENT PROGRAMS
9911	9911	Sec. 8504.201. DEFINITION. In this subchapter, "economic
9912	9912	development program" includes a community assistance program, a
9913	9913	privatization program, or any other program designed to:
9914	9914	(1) encourage economic diversification;
9915	9915	(2) maintain or expand employment;
9916	9916	(3) train persons;
9917	9917	(4) eliminate conditions detrimental to the public
9918	9918	health, safety, or welfare;
9919	9919	(5) improve the quality or quantity of services
9920	9920	essential for the development of viable communities and economic
9921	9921	growth, including services related to:
9922	9922	(A) education;
9923	9923	(B) transportation;
9924	9924	(C) public safety;
9925	9925	(D) recreation;
9926	9926	(E) health care;
9927	9927	(F) water and wastewater treatment; or
9928	9928	(G) rural water and sewer development; or
9929	9929	(6) contribute to the health and development of a
9930	9930	community to improve the attractiveness of the community to public
9931	9931	and private enterprises. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec.
9932	9932	13B(h).)
9933	9933	Sec. 8504.202. LEGISLATIVE FINDINGS. The legislature finds
9934	9934	that the economic development programs authorized by this
9935	9935	subchapter are a specific public purpose and governmental function
9936	9936	of the authority in accordance with:
9937	9937	(1) Section 52-a, Article III, Texas Constitution; and
9938	9938	(2) to the extent that the programs provide assistance
9939	9939	to public firefighting organizations, Section 51-a-1, Article III,
9940	9940	Texas Constitution. (Acts 75th Leg., R.S., Ch. 1263, Sec. 4.)
9941	9941	Sec. 8504.203. AUTHORITY FOR ECONOMIC DEVELOPMENT PROGRAM;
9942	9942	PROGRAM AREA. The authority may, in the areas served by the
9943	9943	authority, sponsor and participate in an economic development
9944	9944	program intended to strengthen the economic base and further the
9945	9945	economic development of this state. The program may not be outside
9946	9946	the areas served by the authority unless the authority has entered
9947	9947	into an interlocal agreement with an entity under Section 8504.205.
9948	9948	(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13B(a).)
9949	9949	Sec. 8504.204. ESTABLISHMENT OF PROGRAM. Each economic
9950	9950	development program must be established by formal action of the
9951	9951	board. The board shall:
9952	9952	(1) establish the goals of the program;
9953	9953	(2) impose requirements on persons participating in
9954	9954	and receiving the benefits of the program; and
9955	9955	(3) provide restrictions, procedures, and budget
9956	9956	limits that the board determines are necessary to ensure that the
9957	9957	governmental purposes of this subchapter and the program are
9958	9958	achieved. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13B(b).)
9959	9959	Sec. 8504.205. PARTICIPATION IN PROGRAM BY OTHER PERSONS.
9960	9960	A program under this subchapter may involve grants or loans of
9961	9961	money, services, or equipment to a person engaged in an economic
9962	9962	development activity, including a public firefighting
9963	9963	organization, governmental body, nonprofit corporation, local or
9964	9964	regional development council, or other nonprofit or noncommercial
9965	9965	organization. The authority may provide assistance to a for-profit
9966	9966	entity if the assistance is necessary or appropriate to carry out an
9967	9967	economic development program consistent with the purposes of this
9968	9968	subchapter. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13B(c).)
9969	9969	Sec. 8504.206. STAFFING AND FUNDING OF PROGRAM. (a) The
9970	9970	authority may employ staff and spend authority resources to further
9971	9971	an economic development program under this subchapter, except that
9972	9972	the authority may not use money received from an ad valorem tax or a
9973	9973	general appropriation to further a program.
9974	9974	(b) The authority may apply for and receive from any source
9975	9975	money, grants, or other assistance to carry out an economic
9976	9976	development program under this subchapter. (Acts 43rd Leg., 1st
9977	9977	C.S., Ch. 63, Sec. 13B(d).)
9978	9978	Sec. 8504.207. AGREEMENT. The authority and any other
9979	9979	public or private person may enter into an agreement with respect to
9980	9980	an economic development program. (Acts 43rd Leg., 1st C.S., Ch. 63,
9981	9981	Sec. 13B(e).)
9982	9982	Sec. 8504.208. GUIDELINES FOR ASSISTANCE TO PUBLIC
9983	9983	FIREFIGHTING ORGANIZATIONS. If the authority provides
9984	9984	scholarships, grants, loans, or financial assistance to a public
9985	9985	firefighting organization, the authority shall adopt guidelines to
9986	9986	determine:
9987	9987	(1) eligibility for the assistance;
9988	9988	(2) the amount of grants, loans, or other assistance
9989	9989	the authority may make available to a firefighting organization;
9990	9990	and
9991	9991	(3) the type of equipment, education, or training for
9992	9992	which the assistance may be used. (Acts 43rd Leg., 1st C.S., Ch.
9993	9993	63, Sec. 13B(f).)
9994	9994	Sec. 8504.209. BOARD DETERMINATION CONCLUSIVE. A
9995	9995	determination by the board that a program is intended and expected
9996	9996	to carry out the program's stated purposes is conclusive with
9997	9997	respect to whether the purposes of this subchapter are satisfied.
9998	9998	(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13B(g).)
9999	9999	[Sections 8504.210-8504.250 reserved for expansion]
10000	10000	SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
10001	10001	Sec. 8504.251. FEES AND CHARGES. (a) The board shall
10002	10002	prescribe fees and charges to be collected for the use of water, a
10003	10003	water connection, or another service.
10004	10004	(b) The fees and charges must be reasonable and equitable
10005	10005	and sufficient to produce revenue adequate to pay the items
10006	10006	described by Subsection (c). The fees and charges may not exceed
10007	10007	what may be reasonably necessary to fulfill the obligations imposed
10008	10008	on the authority by this chapter.
10009	10009	(c) The board shall pay the following items from the fees
10010	10010	and charges:
10011	10011	(1) all expenses necessary to the operation and
10012	10012	maintenance of the improvements and facilities of the authority,
10013	10013	including:
10014	10014	(A) the cost of acquiring materials and other
10015	10015	property necessary to maintain the improvements and facilities in
10016	10016	good condition and to operate them efficiently;
10017	10017	(B) necessary wages and salaries of the
10018	10018	authority; and
10019	10019	(C) other expenses reasonably necessary to the
10020	10020	efficient operation of the improvements and facilities;
10021	10021	(2) the interest on any obligation issued under this
10022	10022	chapter and payable from the revenue from the improvements and
10023	10023	facilities; and
10024	10024	(3) the amount required to be paid for the payment of
10025	10025	an obligation issued under this chapter and payable from the
10026	10026	revenue from the improvements and facilities.
10027	10027	(d) If the revenue received exceeds the amount required for
10028	10028	the purposes listed in Subsection (c), the board may pay from the
10029	10029	excess revenue the cost of improvements and replacements not
10030	10030	covered by Subsection (c)(1) and may establish a reasonable
10031	10031	depreciation and emergency fund. (Acts 43rd Leg., 1st C.S., Ch. 63,
10032	10032	Sec. 13A-4.)
10033	10033	Sec. 8504.252. TAX OR SPECIAL ASSESSMENT NOT AUTHORIZED BY
10034	10034	CHAPTER. This chapter does not authorize the authority to levy a
10035	10035	tax or special assessment or to create any debt payable from taxes.
10036	10036	(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 1 (part).)
10037	10037	[Sections 8504.253-8504.300 reserved for expansion]
10038	10038	SUBCHAPTER G. OBLIGATIONS RELATING TO BORROWED MONEY
10039	10039	Sec. 8504.301. GENERAL POWER TO BORROW MONEY. (a) The
10040	10040	authority may:
10041	10041	(1) borrow money for any corporate purpose from any
10042	10042	source; and
10043	10043	(2) issue a note, warrant, bond, certificate of
10044	10044	indebtedness, or other form of obligation of the authority as
10045	10045	evidence of the borrowed money.
10046	10046	(b) An obligation of the authority under Subsection (a) is
10047	10047	payable only from revenue derived from authority improvements and
10048	10048	facilities and the operation and services of the improvements and
10049	10049	facilities. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 16.)
10050	10050	Sec. 8504.302. COVENANTS FOR MARKETABILITY. (a) As
10051	10051	considered necessary to ensure the marketability of obligations
10052	10052	issued under this chapter, a resolution or order authorizing
10053	10053	issuance may contain covenants with the holders of the obligations
10054	10054	as to:
10055	10055	(1) the management and operation of the authority's
10056	10056	improvements and facilities;
10057	10057	(2) the collection of fees and charges for the use of
10058	10058	the improvements and facilities;
10059	10059	(3) the disposition of the fees and charges;
10060	10060	(4) the issuance of future obligations and the
10061	10061	creation of future liens, mortgages, and encumbrances against the
10062	10062	improvements and facilities and the revenue of the improvements and
10063	10063	facilities; and
10064	10064	(5) other pertinent matters.
10065	10065	(b) A covenant under this section may not be inconsistent
10066	10066	with this chapter. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 20.)
10067	10067	Sec. 8504.303. HOLDER OF OBLIGATION MAY COMPEL PERFORMANCE.
10068	10068	(a) A holder of obligations issued under this chapter or of coupons
10069	10069	originally attached to the obligations may enforce and compel the
10070	10070	board's performance of all duties required by this chapter,
10071	10071	including:
10072	10072	(1) setting and collecting reasonable and sufficient
10073	10073	fees or charges for the use of the authority's improvements and
10074	10074	facilities;
10075	10075	(2) segregating the income and revenue of the
10076	10076	improvements and facilities; and
10077	10077	(3) applying the income and revenue under this
10078	10078	chapter.
10079	10079	(b) The holder of the obligations or coupons may act under
10080	10080	Subsection (a):
10081	10081	(1) at law or in equity; and
10082	10082	(2) by an action, mandamus, or other proceeding.
10083	10083	(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 22 (part).)
10084	10084	Sec. 8504.304. HOLDER OF OBLIGATION ENTITLED TO
10085	10085	ADMINISTRATOR OR RECEIVER. (a) If there is a default in the
10086	10086	payment of the principal of or interest on an obligation issued
10087	10087	under this chapter, any holder of the obligation is entitled to have
10088	10088	a court appoint an administrator or receiver to administer and
10089	10089	operate, on behalf of the authority and the holders of the
10090	10090	obligation, the improvements and facilities the revenue of which is
10091	10091	pledged to the payment of the obligation.
10092	10092	(b) The administrator or receiver may:
10093	10093	(1) set and collect fees and charges sufficient to:
10094	10094	(A) provide for the payment of operation and
10095	10095	maintenance expenses as described by this chapter; and
10096	10096	(B) pay any outstanding obligations or interest
10097	10097	coupons payable from the revenue of the improvements and
10098	10098	facilities; and
10099	10099	(2) apply the income and revenue of the improvements
10100	10100	and facilities in accordance with this chapter and the proceedings
10101	10101	authorizing the issuance of the obligation. (Acts 43rd Leg., 1st
10102	10102	C.S., Ch. 63, Sec. 22 (part).)
10103	10103	Sec. 8504.305. ADDITIONAL SECURITY FOR OBLIGATION:
10104	10104	MORTGAGE AND ENCUMBRANCE. (a) As additional security for the
10105	10105	payment of an obligation issued under this chapter, the board may
10106	10106	have executed in favor of the holder of the obligation an indenture
10107	10107	mortgaging and encumbering:
10108	10108	(1) the improvements, facilities, and other property
10109	10109	acquired with the proceeds of the sale of the obligation; or
10110	10110	(2) all the authority's improvements, facilities, and
10111	10111	other property.
10112	10112	(b) The indenture may also mortgage and encumber the revenue
10113	10113	to be derived from the operation of the improvements, facilities,
10114	10114	and other property.
10115	10115	(c) In the encumbrance, the board may provide for granting
10116	10116	to any purchaser at a foreclosure sale under the encumbrance a
10117	10117	franchise to operate the improvements, facilities, and other
10118	10118	property for a term not to exceed 50 years after the date of the
10119	10119	purchase, subject to the laws regulating the matter.
10120	10120	(d) The indenture:
10121	10121	(1) may contain the provisions the board considers
10122	10122	proper; and
10123	10123	(2) is enforceable in the manner provided by the laws
10124	10124	of this state for the enforcement of other mortgages and
10125	10125	encumbrances. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 23 (part).)
10126	10126	Sec. 8504.306. SALE UNDER MORTGAGE OR ENCUMBRANCE. (a)
10127	10127	Under a sale ordered under a mortgage or encumbrance described by
10128	10128	Section 8504.305, a purchaser of the improvements, facilities, and
10129	10129	other property at the sale, and the purchaser's successors or
10130	10130	assigns, are vested with a permit and franchise to maintain and
10131	10131	operate the improvements, facilities, and other property, with
10132	10132	powers and privileges like those held by the authority in the
10133	10133	operation of the improvements, facilities, and other property.
10134	10134	(b) Instead of operating the improvements, facilities, and
10135	10135	other property as provided by Subsection (a), the purchaser and the
10136	10136	purchaser's successors or assigns may remove all or part of the
10137	10137	improvements, facilities, and other property for diversion to other
10138	10138	purposes. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 23 (part).)
10139	10139	Sec. 8504.307. INSURING IMPROVEMENTS AND FACILITIES. (a)
10140	10140	The board and the purchaser of an obligation issued under this
10141	10141	chapter may enter into an agreement under which the board agrees to:
10142	10142	(1) keep all the improvements and facilities, the
10143	10143	revenue of which is pledged to the payment of the obligation,
10144	10144	insured with one or more insurers of good standing against loss or
10145	10145	damage by fire, water or flood, or another hazard that private
10146	10146	companies operating similar properties customarily cover by
10147	10147	insurance; and
10148	10148	(2) carry with one or more insurers of good standing
10149	10149	the insurance covering the use and occupancy of the property that is
10150	10150	customarily carried by private companies operating similar
10151	10151	properties.
10152	10152	(b) The board shall budget the cost of the insurance as a
10153	10153	maintenance and operation expense.
10154	10154	(c) The insurance shall be carried for the benefit of the
10155	10155	holder of the obligation. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec.
10156	10156	25; New.)
10157	10157	Sec. 8504.308. TAX EXEMPTION. An obligation issued under
10158	10158	this chapter is exempt from taxation by this state or by any
10159	10159	political subdivision of this state. (Acts 43rd Leg., 1st C.S., Ch.
10160	10160	63, Sec. 26.)
10161	10161	CHAPTER 8505. CENTRAL COLORADO RIVER AUTHORITY
10162	10162	SUBCHAPTER A. GENERAL PROVISIONS
10163	10163	Sec. 8505.001. DEFINITIONS
10164	10164	Sec. 8505.002. CREATION AND NATURE OF AUTHORITY
10165	10165	Sec. 8505.003. TERRITORY
10166	10166	Sec. 8505.004. LIBERAL CONSTRUCTION OF CHAPTER
10167	10167	[Sections 8505.005-8505.050 reserved for expansion]
10168	10168	SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
10169	10169	Sec. 8505.051. MEMBERSHIP OF BOARD
10170	10170	Sec. 8505.052. TERMS
10171	10171	Sec. 8505.053. REMOVAL
10172	10172	Sec. 8505.054. VACANCY
10173	10173	Sec. 8505.055. COMPENSATION OF DIRECTORS
10174	10174	Sec. 8505.056. VOTING REQUIREMENT
10175	10175	Sec. 8505.057. OFFICERS AND EMPLOYEES
10176	10176	Sec. 8505.058. SURETY BONDS
10177	10177	Sec. 8505.059. AUTHORITY'S DOMICILE AND OFFICE
10178	10178	Sec. 8505.060. CONFLICT OF INTEREST; CRIMINAL PENALTY
10179	10179	[Sections 8505.061-8505.100 reserved for expansion]
10180	10180	SUBCHAPTER C. POWERS AND DUTIES
10181	10181	Sec. 8505.101. GENERAL POWERS
10182	10182	Sec. 8505.102. POWERS RELATED TO WATER OF COLORADO
10183	10183	RIVER AND ITS TRIBUTARIES
10184	10184	Sec. 8505.103. DEVELOPMENT, GENERATION, DISTRIBUTION,
10185	10185	AND SALE OF WATER POWER AND ELECTRIC
10186	10186	ENERGY
10187	10187	Sec. 8505.104. PREVENTION OF DAMAGE TO PERSONS OR
10188	10188	PROPERTY
10189	10189	Sec. 8505.105. FORESTATION AND REFORESTATION;
10190	10190	PREVENTION OF SOIL EROSION AND FLOODS
10191	10191	Sec. 8505.106. AUTHORITY PROPERTY; EMINENT DOMAIN
10192	10192	Sec. 8505.107. SALE, LEASE, MORTGAGE, OR OTHER
10193	10193	DISPOSITION OF AUTHORITY PROPERTY
10194	10194	Sec. 8505.108. OVERFLOW OR INUNDATION OF PUBLIC
10195	10195	PROPERTY; RELOCATION OF ROADS
10196	10196	Sec. 8505.109. CONSTRUCTION, MAINTENANCE, AND
10197	10197	OPERATION OF FACILITIES
10198	10198	Sec. 8505.110. SEAL
10199	10199	Sec. 8505.111. GENERAL CONTRACT POWERS
10200	10200	Sec. 8505.112. CONTRACTS RELATING TO WATER OR SOIL
10201	10201	CONSERVATION PROJECTS
10202	10202	Sec. 8505.113. ADDITIONAL POWERS RELATING TO
10203	10203	CONTRACTS, RULES, AND REGULATIONS
10204	10204	Sec. 8505.114. LIMITATIONS ON POWERS OF AUTHORITY
10205	10205	Sec. 8505.115. PUBLIC USE OF AUTHORITY'S LAND
10206	10206	[Sections 8505.116-8505.150 reserved for expansion]
10207	10207	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10208	10208	Sec. 8505.151. DISBURSEMENT OF MONEY
10209	10209	Sec. 8505.152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS;
10210	10210	PUBLIC INSPECTION
10211	10211	Sec. 8505.153. FILING OF COPIES OF AUDIT REPORT
10212	10212	Sec. 8505.154. RATES AND OTHER CHARGES
10213	10213	Sec. 8505.155. USE OF EXCESS REVENUE
10214	10214	Sec. 8505.156. TAX OR ASSESSMENT OR PLEDGE OF CREDIT
10215	10215	OF STATE NOT AUTHORIZED BY CHAPTER
10216	10216	[Sections 8505.157-8505.200 reserved for expansion]
10217	10217	SUBCHAPTER E. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS
10218	10218	Sec. 8505.201. LOANS AND GRANTS
10219	10219	Sec. 8505.202. STATE PLEDGE REGARDING RIGHTS AND
10220	10220	REMEDIES OF BONDHOLDERS
10221	10221	Sec. 8505.203. OBLIGATION PAYABLE FROM REVENUE
10222	10222	Sec. 8505.204. POWER TO ISSUE BONDS
10223	10223	Sec. 8505.205. TERMS OF ISSUANCE
10224	10224	Sec. 8505.206. DEPOSIT OF PROCEEDS
10225	10225	Sec. 8505.207. RESOLUTION PROVISIONS
10226	10226	Sec. 8505.208. DEFAULT PROCEDURES
10227	10227	Sec. 8505.209. POWER OF AUTHORITY TO PURCHASE BONDS
10228	10228	ISSUED BY AUTHORITY
10229	10229	Sec. 8505.210. BONDS EXEMPT FROM TAXATION
10230	10230	CHAPTER 8505. CENTRAL COLORADO RIVER AUTHORITY
10231	10231	SUBCHAPTER A. GENERAL PROVISIONS
10232	10232	Sec. 8505.001. DEFINITIONS. In this chapter:
10233	10233	(1) "Authority" means the Central Colorado River
10234	10234	Authority.
10235	10235	(2) "Board" means the board of directors of the
10236	10236	authority.
10237	10237	(3) "Commission" means the Texas Commission on
10238	10238	Environmental Quality.
10239	10239	(4) "Director" means a member of the board. (Acts 44th
10240	10240	Leg., R.S., G.L., Ch. 338, Secs. 1 (part), 4(a) (part); New.)
10241	10241	Sec. 8505.002. CREATION AND NATURE OF AUTHORITY. (a) The
10242	10242	authority is created as a conservation and reclamation district.
10243	10243	(b) The creation of the authority is essential to the
10244	10244	accomplishment of the purposes of Section 59, Article XVI, Texas
10245	10245	Constitution. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 1 (part).)
10246	10246	Sec. 8505.003. TERRITORY. Unless modified under Subchapter
10247	10247	J, Chapter 49, Water Code, or other law, the authority's territory
10248	10248	consists of that part of this state included in the boundaries of
10249	10249	Coleman County. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 1
10250	10250	(part); New.)
10251	10251	Sec. 8505.004. LIBERAL CONSTRUCTION OF CHAPTER. This
10252	10252	chapter shall be liberally construed to effect its purposes. (Acts
10253	10253	44th Leg., R.S., G.L., Ch. 338, Secs. 19, 19A.)
10254	10254	[Sections 8505.005-8505.050 reserved for expansion]
10255	10255	SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
10256	10256	Sec. 8505.051. MEMBERSHIP OF BOARD. (a) The board consists
10257	10257	of five directors appointed by the governor with the advice and
10258	10258	consent of the senate.
10259	10259	(b) Each director must be a freehold property taxpayer in
10260	10260	this state and a resident of the authority.
10261	10261	(c) A person is ineligible to be appointed as a director if,
10262	10262	during the three years preceding the date of the appointment, the
10263	10263	person has been employed by a utility company, including an
10264	10264	electric power and light company, a gas company, or a telephone
10265	10265	company. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 4(a) (part).)
10266	10266	Sec. 8505.052. TERMS. Directors are appointed for
10267	10267	staggered terms of six years with one or two directors' terms
10268	10268	expiring on February 1 of each odd-numbered year. (Acts 44th Leg.,
10269	10269	R.S., G.L., Ch. 338, Sec. 4(a) (part).)
10270	10270	Sec. 8505.053. REMOVAL. A director may be removed by the
10271	10271	governor for inefficiency, neglect of duty, or misconduct in
10272	10272	office, after at least 10 days' written notice of the charge against
10273	10273	the director and an opportunity to be heard in person or by counsel
10274	10274	at a public hearing. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec.
10275	10275	4(b) (part).)
10276	10276	Sec. 8505.054. VACANCY. A vacancy on the board shall be
10277	10277	filled by the governor for the unexpired term. (Acts 44th Leg.,
10278	10278	R.S., G.L., Ch. 338, Sec. 4(b) (part).)
10279	10279	Sec. 8505.055. COMPENSATION OF DIRECTORS. Unless the board
10280	10280	by resolution increases the fee to an amount authorized by Section
10281	10281	49.060, Water Code, each director shall receive a fee of $10 per day
10282	10282	for each day spent in attending meetings of the board. (Acts 44th
10283	10283	Leg., R.S., G.L., Ch. 338, Sec. 4(b) (part); New.)
10284	10284	Sec. 8505.056. VOTING REQUIREMENT. (a) Except as provided
10285	10285	by this chapter or the bylaws, action may be taken by the
10286	10286	affirmative vote of a majority of the directors present at a
10287	10287	meeting.
10288	10288	(b) The following are valid only if authorized or ratified
10289	10289	by the affirmative vote of at least a majority of the entire
10290	10290	membership of the board:
10291	10291	(1) a contract that involves an amount greater than
10292	10292	$10,000 or has a duration of more than one year;
10293	10293	(2) a bond, note, or other evidence of indebtedness;
10294	10294	or
10295	10295	(3) an amendment of the bylaws. (Acts 44th Leg., R.S.,
10296	10296	G.L., Ch. 338, Sec. 4(c) (part).)
10297	10297	Sec. 8505.057. OFFICERS AND EMPLOYEES. (a) The board shall
10298	10298	select a secretary, a general manager, and a treasurer. The
10299	10299	treasurer may also hold the office of secretary.
10300	10300	(b) The secretary shall keep accurate and complete records
10301	10301	of all proceedings of the board.
10302	10302	(c) Until the board selects a secretary, or if the secretary
10303	10303	is absent or unable to act, the board shall select a secretary pro
10304	10304	tem.
10305	10305	(d) The general manager is the chief executive officer of
10306	10306	the authority.
10307	10307	(e) The secretary, secretary pro tem, general manager, and
10308	10308	treasurer have the powers and duties, hold office for the term, and
10309	10309	are subject to removal in the manner provided by the bylaws.
10310	10310	(f) The board shall set the compensation of the secretary,
10311	10311	secretary pro tem, general manager, and treasurer.
10312	10312	(g) The board may appoint other officers, agents, and
10313	10313	employees, set their compensation and term of office, prescribe
10314	10314	their duties and the method by which they may be removed, and
10315	10315	delegate to them any of its powers and duties as it considers
10316	10316	proper. (Acts 44th Leg., R.S., G.L., Ch. 338, Secs. 2 (part), 5.)
10317	10317	Sec. 8505.058. SURETY BONDS. (a) The general manager, the
10318	10318	treasurer, and any other officer, agent, or employee of the
10319	10319	authority who is charged with the collection, custody, or payment
10320	10320	of authority money shall give bond conditioned on:
10321	10321	(1) the faithful performance of the person's duties;
10322	10322	and
10323	10323	(2) an accounting for all money and property of the
10324	10324	authority coming into the person's possession.
10325	10325	(b) The bond must be in a form and amount and with a surety
10326	10326	approved by the board, and the surety on the bond must be a surety
10327	10327	company authorized to do business in this state.
10328	10328	(c) The authority shall pay the premium on the bond and
10329	10329	charge the premium as an operating expense. (Acts 44th Leg., R.S.,
10330	10330	G.L., Ch. 338, Sec. 6 (part).)
10331	10331	Sec. 8505.059. AUTHORITY'S DOMICILE AND OFFICE. (a) The
10332	10332	authority's domicile is in the city of Coleman, Coleman County.
10333	10333	(b) The authority shall maintain its principal office in the
10334	10334	city of Coleman, Coleman County.
10335	10335	(c) The general manager is in charge of the authority's
10336	10336	principal office. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 7
10337	10337	(part).)
10338	10338	Sec. 8505.060. CONFLICT OF INTEREST; CRIMINAL PENALTY. (a)
10339	10339	A director, officer, agent, or employee of the authority may not be
10340	10340	directly or indirectly interested in a contract for the purchase of
10341	10341	any property or construction of any work by or for the authority.
10342	10342	(b) A person commits an offense if the person violates this
10343	10343	section. An offense under this subsection is a felony punishable
10344	10344	by:
10345	10345	(1) a fine not to exceed $10,000;
10346	10346	(2) confinement in the county jail for not less than
10347	10347	one year or more than 10 years; or
10348	10348	(3) both the fine and confinement. (Acts 44th Leg.,
10349	10349	R.S., G.L., Ch. 338, Sec. 8.)
10350	10350	[Sections 8505.061-8505.100 reserved for expansion]
10351	10351	SUBCHAPTER C. POWERS AND DUTIES
10352	10352	Sec. 8505.101. GENERAL POWERS. (a) The authority has:
10353	10353	(1) the powers of government and the authority to
10354	10354	exercise the rights, privileges, and functions specified by this
10355	10355	chapter; and
10356	10356	(2) all powers, rights, privileges, and functions
10357	10357	conferred by general law on any district created under Section 59,
10358	10358	Article XVI, Texas Constitution, except as expressly limited by
10359	10359	this chapter.
10360	10360	(b) The authority may perform any act necessary or
10361	10361	convenient to the exercise of the powers, rights, privileges, or
10362	10362	functions conferred on the authority by this chapter or any other
10363	10363	law. (Acts 44th Leg., R.S., G.L., Ch. 338, Secs. 1 (part), 2
10364	10364	(part).)
10365	10365	Sec. 8505.102. POWERS RELATED TO WATER OF COLORADO RIVER
10366	10366	AND ITS TRIBUTARIES. Inside the boundaries of the authority, the
10367	10367	authority may:
10368	10368	(1) control, store, and preserve the water of the
10369	10369	Colorado River and its tributaries for any useful purpose; and
10370	10370	(2) use, distribute, and sell the water described by
10371	10371	Subdivision (1) for any useful purpose. (Acts 44th Leg., R.S.,
10372	10372	G.L., Ch. 338, Sec. 2 (part).)
10373	10373	Sec. 8505.103. DEVELOPMENT, GENERATION, DISTRIBUTION, AND
10374	10374	SALE OF WATER POWER AND ELECTRIC ENERGY. (a) The authority may:
10375	10375	(1) develop and generate water power and electric
10376	10376	energy inside the boundaries of the authority; and
10377	10377	(2) distribute and sell water power and electric
10378	10378	energy inside or outside the boundaries of the authority.
10379	10379	(b) A use authorized by this section is subordinate and
10380	10380	inferior to a domestic, municipal, or irrigation requirement.
10381	10381	(Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).)
10382	10382	Sec. 8505.104. PREVENTION OF DAMAGE TO PERSONS OR PROPERTY.
10383	10383	The authority may prevent or aid in the prevention of damage to
10384	10384	persons or property from the water of the Colorado River and its
10385	10385	tributaries. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).)
10386	10386	Sec. 8505.105. FORESTATION AND REFORESTATION; PREVENTION
10387	10387	OF SOIL EROSION AND FLOODS. In the watershed of the Colorado River
10388	10388	and its tributaries, the authority may:
10389	10389	(1) forest, reforest, or aid in foresting or
10390	10390	reforesting; and
10391	10391	(2) prevent or aid in the prevention of soil erosion
10392	10392	and floods. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).)
10393	10393	Sec. 8505.106. AUTHORITY PROPERTY; EMINENT DOMAIN. (a)
10394	10394	The authority may acquire, maintain, use, and operate property of
10395	10395	any kind or any interest in property, inside or outside the
10396	10396	boundaries of the authority, necessary or convenient to the
10397	10397	exercise of the powers, rights, privileges, and functions conferred
10398	10398	on the authority by this chapter.
10399	10399	(b) Except as provided by Subsection (d), the authority may
10400	10400	acquire property or an interest in property as provided by
10401	10401	Subsection (a) by purchase, lease, gift, exercise of the power of
10402	10402	eminent domain, or any other manner.
10403	10403	(c) The authority may acquire property or an interest in
10404	10404	property by exercise of the power of eminent domain in the manner
10405	10405	provided by:
10406	10406	(1) Chapter 21, Property Code; or
10407	10407	(2) the statutes relating to condemnation by districts
10408	10408	organized under general law under Section 59, Article XVI, Texas
10409	10409	Constitution.
10410	10410	(d) The authority may not exercise the power of eminent
10411	10411	domain to acquire property or an interest in property that is
10412	10412	located outside the boundaries of the authority. (Acts 44th Leg.,
10413	10413	R.S., G.L., Ch. 338, Sec. 2 (part).)
10414	10414	Sec. 8505.107. SALE, LEASE, MORTGAGE, OR OTHER DISPOSITION
10415	10415	OF AUTHORITY PROPERTY. (a) The authority may not:
10416	10416	(1) mortgage or otherwise encumber authority property
10417	10417	of any kind, or any interest in authority property; or
10418	10418	(2) acquire any property or interest in property
10419	10419	subject to a mortgage or conditional sale.
10420	10420	(b) Subsection (a) does not prevent pledging authority
10421	10421	revenue as authorized by this chapter.
10422	10422	(c) This chapter does not authorize the sale, lease, or
10423	10423	other disposition of authority property of any kind, or an interest
10424	10424	in authority property, by the authority, by a receiver of any
10425	10425	authority property, through a court proceeding, or otherwise.
10426	10426	(d) Notwithstanding Subsection (c), the authority may sell
10427	10427	for cash authority property of any kind, or an interest in authority
10428	10428	property, if:
10429	10429	(1) the board, by the affirmative vote of a two-thirds
10430	10430	majority of the entire membership of the board, determines that the
10431	10431	property or interest is not necessary or convenient to the business
10432	10432	of the authority and approves the terms of the sale; and
10433	10433	(2) the aggregate value of the properties or interests
10434	10434	sold in any year does not exceed $50,000.
10435	10435	(e) It is the intent of the legislature that, except by sale
10436	10436	as expressly authorized by this section, authority property or an
10437	10437	interest in authority property, except personal property, never
10438	10438	come into the ownership or control, directly or indirectly, of any
10439	10439	person other than a public authority created under the laws of this
10440	10440	state.
10441	10441	(f) Authority property, except personal property, is exempt
10442	10442	from forced sale. The sale of authority property, except personal
10443	10443	property, under a judgment rendered in a suit is prohibited. (Acts
10444	10444	44th Leg., R.S., G.L., Ch. 338, Secs. 2 (part), 15.)
10445	10445	Sec. 8505.108. OVERFLOW OR INUNDATION OF PUBLIC PROPERTY;
10446	10446	RELOCATION OF ROADS. The authority may overflow and inundate any
10447	10447	public land or public property and require the relocation of a road
10448	10448	or highway in the manner and to the extent permitted to a district
10449	10449	organized under general law under Section 59, Article XVI, Texas
10450	10450	Constitution. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).)
10451	10451	Sec. 8505.109. CONSTRUCTION, MAINTENANCE, AND OPERATION OF
10452	10452	FACILITIES. The authority may construct, extend, improve,
10453	10453	maintain, and reconstruct, cause to be constructed, extended,
10454	10454	improved, maintained, and reconstructed, and use and operate
10455	10455	facilities of any kind necessary or convenient to the exercise of
10456	10456	the authority's powers, rights, privileges, and functions. (Acts
10457	10457	44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).)
10458	10458	Sec. 8505.110. SEAL. The authority may adopt and use a
10459	10459	corporate seal. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2
10460	10460	(part).)
10461	10461	Sec. 8505.111. GENERAL CONTRACT POWERS. The authority may
10462	10462	make a contract or execute an instrument necessary or convenient to
10463	10463	the exercise of the powers, rights, privileges, and functions
10464	10464	conferred on the authority by this chapter. (Acts 44th Leg., R.S.,
10465	10465	G.L., Ch. 338, Sec. 2 (part).)
10466	10466	Sec. 8505.112. CONTRACTS RELATING TO WATER OR SOIL
10467	10467	CONSERVATION PROJECTS. (a) The authority may enter into a contract
10468	10468	with an individual, firm, association, or corporation for the
10469	10469	construction of a water or soil conservation project on property
10470	10470	owned or controlled by the individual, firm, association, or
10471	10471	corporation and use machinery, equipment, or facilities owned or
10472	10472	controlled by the authority.
10473	10473	(b) The authority may enter into a contract with the
10474	10474	governing board of a governmental agency inside or outside the
10475	10475	boundaries of the authority for the purpose of supervising the
10476	10476	construction of a water or soil conservation project on property
10477	10477	located in the control or in the limits of the governmental agency.
10478	10478	(c) An individual, firm, association, corporation, or
10479	10479	governmental agency that enters into a contract with the authority
10480	10480	under this section shall pay a reasonable charge therefor.
10481	10481	(d) The authority is not liable for damages to any person or
10482	10482	property in connection with, or for maintenance or upkeep of, a
10483	10483	project contracted for and constructed under this section. (Acts
10484	10484	44th Leg., R.S., G.L., Ch. 338, Secs. 13A, 13-b.)
10485	10485	Sec. 8505.113. ADDITIONAL POWERS RELATING TO CONTRACTS,
10486	10486	RULES, AND REGULATIONS. The authority may enter into and carry out
10487	10487	contracts or establish or comply with rules and regulations
10488	10488	concerning labor and materials and other related matters in
10489	10489	connection with any project the authority considers desirable or as
10490	10490	requested by the United States, or any corporation or agency
10491	10491	created, designated, or established by the United States, that may
10492	10492	assist in the financing of the project. (Acts 44th Leg., R.S.,
10493	10493	G.L., Ch. 338, Sec. 13.)
10494	10494	Sec. 8505.114. LIMITATIONS ON POWERS OF AUTHORITY. (a) The
10495	10495	authority may not use water for irrigation purposes under any law or
10496	10496	any permit that was issued before May 21, 1935, was held, owned, or
10497	10497	enjoyed by the authority as of that date, or is acquired from
10498	10498	another person after that date unless expressly authorized by a
10499	10499	subsequent permit granted to the authority by the commission or a
10500	10500	predecessor agency under authority of law. In considering permit
10501	10501	applications by the authority, the commission shall at all times
10502	10502	consider the needs of the people living in the watershed of the
10503	10503	Colorado River and its tributaries above the authority. This
10504	10504	subsection does not prevent the authority from selling, for
10505	10505	irrigation purposes and in the boundaries of the authority, any
10506	10506	water impounded by it under authority of law.
10507	10507	(b) Notwithstanding any right or permit to use the water of
10508	10508	the Colorado River and its tributaries for the generation of
10509	10509	hydroelectric power that was issued by the former State Board of
10510	10510	Water Engineers, was in existence as of May 21, 1935, and is
10511	10511	acquired by the authority, the impounding and use of the
10512	10512	floodwaters of the Colorado River and its tributaries for the
10513	10513	generation of hydroelectric power by the authority or a person who
10514	10514	succeeds to the rights and privileges conferred on the authority by
10515	10515	this chapter are subject to the rights of any other person who
10516	10516	before May 21, 1935, was impounding or as of that date was putting
10517	10517	to beneficial use any water for the purposes described by Sections
10518	10518	11.024(1) and (2), Water Code, if the person:
10519	10519	(1) before May 21, 1935, received a permit for that use
10520	10520	from the former State Board of Water Engineers; or
10521	10521	(2) by law was permitted before May 21, 1935, to
10522	10522	impound water for those purposes.
10523	10523	(c) This chapter may not be construed to subject to
10524	10524	condemnation by the authority or any successor of the authority, or
10525	10525	by any person who succeeds to the rights and privileges conferred on
10526	10526	the authority by this chapter, any water:
10527	10527	(1) impounded or to be impounded inside or outside the
10528	10528	authority under any law authorizing water to be impounded or under
10529	10529	any permit granted to a municipal corporation or body politic; or
10530	10530	(2) impounded or permitted to be impounded or used
10531	10531	outside the authority under a permit granted to any person.
10532	10532	(d) This chapter may not be construed to deprive any person
10533	10533	of the right to impound the water of the Colorado River or its
10534	10534	tributaries for domestic or municipal purposes or to repeal any law
10535	10535	granting such a right to a person.
10536	10536	(e) The rights of the authority to impound, use, or sell the
10537	10537	water of the Colorado River and its tributaries for the generation
10538	10538	of hydroelectric power are subordinate and inferior to the rights
10539	10539	of:
10540	10540	(1) municipalities situated in the watershed of the
10541	10541	Colorado River and its tributaries to build dams and impound
10542	10542	floodwaters for municipal purposes; and
10543	10543	(2) any residents of this state or bodies politic to
10544	10544	build dams and impound the floodwaters in the watershed of the
10545	10545	Colorado River and its tributaries for domestic purposes and for
10546	10546	the purposes of irrigation.
10547	10547	(f) The title to any right, property, license, franchise, or
10548	10548	permit acquired by the authority is subject to the limitations
10549	10549	imposed by Subsection (e). (Acts 44th Leg., R.S., G.L., Ch. 338,
10550	10550	Secs. 2 (part), 3.)
10551	10551	Sec. 8505.115. PUBLIC USE OF AUTHORITY'S LAND. (a) The
10552	10552	authority may prohibit free public use of its land for recreational
10553	10553	purposes, hunting, or fishing only to the extent to which, in the
10554	10554	opinion of the board, the use would interfere with the proper
10555	10555	conduct and maintenance of its property.
10556	10556	(b) All public rights-of-way that as of May 21, 1935,
10557	10557	traversed the areas adjacent to the areas to be flooded by the
10558	10558	impounded waters shall remain open as a way of free public passage
10559	10559	to and from the lakes created, and a charge may be made to the public
10560	10560	for the right to engage in hunting, fishing, or boating thereon.
10561	10561	(c) On notice by a resident of this state of a violation of
10562	10562	this section, the attorney general shall institute the proper legal
10563	10563	proceedings to enforce compliance with this section by the
10564	10564	authority or its successor.
10565	10565	(d) If the authority sells any of the authority's land
10566	10566	bordering a lake to be created under this chapter, the authority
10567	10567	shall retain in each tract a strip 20 feet wide abutting the
10568	10568	high-water line of the lake for the purpose of passage and use by
10569	10569	the public for public sports and amusements. This subsection does
10570	10570	not apply to a sale of land by the authority to a state or federal
10571	10571	agency to be used for game or fish sanctuaries or preserves or for
10572	10572	propagation purposes. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec.
10573	10573	16.)
10574	10574	[Sections 8505.116-8505.150 reserved for expansion]
10575	10575	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10576	10576	Sec. 8505.151. DISBURSEMENT OF MONEY. The authority may
10577	10577	disburse its money only by a check, draft, order, or other
10578	10578	instrument signed by a person authorized to sign the instrument by
10579	10579	the bylaws or a resolution in which at least a majority of the
10580	10580	entire membership of the board concurs. (Acts 44th Leg., R.S.,
10581	10581	G.L., Ch. 338, Sec. 6 (part).)
10582	10582	Sec. 8505.152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS;
10583	10583	PUBLIC INSPECTION. (a) The authority shall keep complete and
10584	10584	accurate accounts conforming to approved methods of bookkeeping.
10585	10585	(b) The accounts and all contracts, documents, and records
10586	10586	of the authority shall be kept at the principal office of the
10587	10587	authority.
10588	10588	(c) The contracts shall be open to public inspection at all
10589	10589	reasonable times. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 7
10590	10590	(part).)
10591	10591	Sec. 8505.153. FILING OF COPIES OF AUDIT REPORT. Copies of
10592	10592	the audit report prepared under Subchapter G, Chapter 49, Water
10593	10593	Code, shall be certified to by the accountant who performed the
10594	10594	audit and filed:
10595	10595	(1) as required by Section 49.194, Water Code; and
10596	10596	(2) with the comptroller. (Acts 44th Leg., R.S.,
10597	10597	G.L., Ch. 338, Sec. 7 (part); New.)
10598	10598	Sec. 8505.154. RATES AND OTHER CHARGES. (a) The board
10599	10599	shall establish and collect rates and other charges for the sale or
10600	10600	use of water, water connections, power, electric energy, or other
10601	10601	services sold, provided, or supplied by the authority.
10602	10602	(b) The rates and charges must be reasonable,
10603	10603	nondiscriminatory, and sufficient to provide revenue adequate to:
10604	10604	(1) pay all expenses necessary to the operation and
10605	10605	maintenance of the properties and facilities of the authority;
10606	10606	(2) pay the interest on and the principal of all bonds
10607	10607	issued under this chapter when and as they become due and payable;
10608	10608	(3) pay all sinking fund or reserve fund payments
10609	10609	agreed to be made with respect to any of those bonds and payable out
10610	10610	of that revenue when and as they become due and payable; and
10611	10611	(4) fulfill the terms of any agreements made with the
10612	10612	holders of those bonds or with any person in their behalf.
10613	10613	(c) The rates and charges may not exceed what may be
10614	10614	necessary to fulfill the obligations imposed on the authority by
10615	10615	this chapter. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 9 (part).)
10616	10616	Sec. 8505.155. USE OF EXCESS REVENUE. If the authority
10617	10617	receives revenue in excess of that required for the purposes
10618	10618	specified by Section 8505.154(b), the board may:
10619	10619	(1) use the excess revenue to:
10620	10620	(A) establish a reasonable depreciation and
10621	10621	emergency fund; or
10622	10622	(B) retire bonds issued under this chapter by
10623	10623	purchase and cancellation or redemption; or
10624	10624	(2) apply the excess revenue to any corporate purpose.
10625	10625	(Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 9 (part).)
10626	10626	Sec. 8505.156. TAX OR ASSESSMENT OR PLEDGE OF CREDIT OF
10627	10627	STATE NOT AUTHORIZED BY CHAPTER. This chapter does not authorize
10628	10628	the authority to:
10629	10629	(1) levy or collect a tax or assessment;
10630	10630	(2) create any debt payable out of taxes or
10631	10631	assessments; or
10632	10632	(3) in any way pledge the credit of this state. (Acts
10633	10633	44th Leg., R.S., G.L., Ch. 338, Sec. 1 (part).)
10634	10634	[Sections 8505.157-8505.200 reserved for expansion]
10635	10635	SUBCHAPTER E. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS
10636	10636	Sec. 8505.201. LOANS AND GRANTS. The authority may:
10637	10637	(1) borrow money for its corporate purposes;
10638	10638	(2) borrow money or accept a grant from the United
10639	10639	States and, in connection with such a loan or grant, enter into any
10640	10640	agreement the United States or such corporation or agency may
10641	10641	require; and
10642	10642	(3) make and issue its bonds for money borrowed, in the
10643	10643	manner and to the extent provided by Section 8505.203. (Acts 44th
10644	10644	Leg., R.S., G.L., Ch. 338, Sec. 2 (part).)
10645	10645	Sec. 8505.202. STATE PLEDGE REGARDING RIGHTS AND REMEDIES
10646	10646	OF BONDHOLDERS. This chapter does not deprive this state of its
10647	10647	power to regulate and control rates or charges to be collected for
10648	10648	the use of water, water connections, power, electric energy, or
10649	10649	another service. The state pledges to and agrees with the
10650	10650	purchasers and successive holders of the bonds issued under this
10651	10651	chapter that the state will not limit or alter the power this
10652	10652	chapter gives the authority to establish and collect rates and
10653	10653	charges that will produce revenue sufficient to pay the items
10654	10654	specified by Section 8505.154(b) or in any way impair the rights or
10655	10655	remedies of the holders of the bonds, or of any person in their
10656	10656	behalf, until the following are fully discharged:
10657	10657	(1) the bonds;
10658	10658	(2) the interest on the bonds;
10659	10659	(3) interest on unpaid installments of interest;
10660	10660	(4) all costs and expenses in connection with any
10661	10661	action or proceedings by or on behalf of the bondholders; and
10662	10662	(5) all other obligations of the authority in
10663	10663	connection with the bonds. (Acts 44th Leg., R.S., G.L., Ch. 338,
10664	10664	Sec. 9 (part).)
10665	10665	Sec. 8505.203. OBLIGATION PAYABLE FROM REVENUE. A debt,
10666	10666	liability, or obligation of the authority for the payment of money,
10667	10667	however entered into or incurred and whether arising from an
10668	10668	express or implied contract or otherwise, is payable solely:
10669	10669	(1) out of the revenue received by the authority with
10670	10670	respect to its properties, subject to any prior lien on the revenue
10671	10671	conferred by any resolution previously adopted as provided by this
10672	10672	chapter authorizing the issuance of bonds; or
10673	10673	(2) if the board so determines, out of the proceeds of
10674	10674	sale by the authority of bonds payable solely from revenue
10675	10675	described by Subdivision (1). (Acts 44th Leg., R.S., G.L., Ch. 338,
10676	10676	Sec. 10.)
10677	10677	Sec. 8505.204. POWER TO ISSUE BONDS. (a) The authority may
10678	10678	issue bonds for any corporate purpose in an aggregate principal
10679	10679	amount not to exceed $500,000.
10680	10680	(b) The bonds must be authorized by a board resolution.
10681	10681	(Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 11 (part).)
10682	10682	Sec. 8505.205. TERMS OF ISSUANCE. Authority bonds may be:
10683	10683	(1) sold for cash;
10684	10684	(2) issued on terms the board determines in exchange
10685	10685	for property of any kind, or any interest in property, that the
10686	10686	board considers necessary or convenient for the corporate purpose
10687	10687	for which the bonds are issued; or
10688	10688	(3) issued in exchange for like principal amounts of
10689	10689	other obligations of the authority, whether matured or unmatured.
10690	10690	(Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 11 (part).)
10691	10691	Sec. 8505.206. DEPOSIT OF PROCEEDS. The proceeds of sale of
10692	10692	authority bonds shall be deposited in one or more banks or trust
10693	10693	companies, and shall be paid out according to the terms, on which
10694	10694	the authority and the purchasers of the bonds agree. (Acts 44th
10695	10695	Leg., R.S., G.L., Ch. 338, Sec. 11 (part).)
10696	10696	Sec. 8505.207. RESOLUTION PROVISIONS. (a) A resolution
10697	10697	authorizing bonds may contain provisions approved by the board that
10698	10698	are not inconsistent with this chapter, including provisions:
10699	10699	(1) reserving the right to redeem the bonds at the time
10700	10700	or times, in the amounts, and at the prices, not exceeding 105
10701	10701	percent of the principal amount of the bonds, plus accrued
10702	10702	interest, as may be provided;
10703	10703	(2) providing for the setting aside of sinking funds
10704	10704	or reserve funds and the regulation and disposition of those funds;
10705	10705	(3) pledging, to secure the payment of the principal
10706	10706	of and interest on the bonds and of the sinking fund or reserve fund
10707	10707	payments agreed to be made with respect to the bonds:
10708	10708	(A) all or any part of the gross or net revenue
10709	10709	subsequently received by the authority with respect to the property
10710	10710	to be acquired or constructed with the bonds or the proceeds of the
10711	10711	bonds; or
10712	10712	(B) all or any part of the gross or net revenue
10713	10713	subsequently received by the authority from any source;
10714	10714	(4) prescribing the purposes to which the bonds or any
10715	10715	bonds subsequently to be issued, or the proceeds of the bonds, may
10716	10716	be applied;
10717	10717	(5) agreeing to set and collect rates and charges
10718	10718	sufficient to produce revenue adequate to pay the items specified
10719	10719	by Section 8505.154(b) and prescribing the use and disposition of
10720	10720	all revenue;
10721	10721	(6) prescribing limitations on the issuance of
10722	10722	additional bonds and on the agreements that may be made with the
10723	10723	purchasers and successive holders of those bonds;
10724	10724	(7) with regard to the construction, extension,
10725	10725	improvement, reconstruction, operation, maintenance, and repair of
10726	10726	the properties of the authority and the carrying of insurance on all
10727	10727	or any part of those properties covering loss or damage or loss of
10728	10728	use and occupancy resulting from specified risks;
10729	10729	(8) setting the procedure, if any, by which, if the
10730	10730	authority so desires, the terms of a contract with the bondholders
10731	10731	may be amended or abrogated, the amount of bonds the holders of
10732	10732	which must consent to that amendment or abrogation, and the manner
10733	10733	in which the consent may be given; and
10734	10734	(9) providing for the execution and delivery by the
10735	10735	authority to a bank or trust company authorized by law to accept
10736	10736	trusts, or to the United States or any officer of the United States,
10737	10737	of indentures and agreements for the benefit of the bondholders
10738	10738	setting forth any or all of the agreements authorized by this
10739	10739	chapter to be made with or for the benefit of the bondholders and
10740	10740	any other provisions that are customary in such indentures or
10741	10741	agreements.
10742	10742	(b) A provision authorized by this section that is contained
10743	10743	in a bond resolution is part of the contract between the authority
10744	10744	and the bondholders. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 11
10745	10745	(part).)
10746	10746	Sec. 8505.208. DEFAULT PROCEDURES. (a) This section
10747	10747	applies only to a default in:
10748	10748	(1) the payment of the interest on bonds as the
10749	10749	interest becomes due and payable;
10750	10750	(2) the payment of the principal of bonds as they
10751	10751	become due and payable, whether at maturity, by call for
10752	10752	redemption, or otherwise; or
10753	10753	(3) the performance of an agreement made with the
10754	10754	purchasers or successive holders of bonds.
10755	10755	(b) A resolution authorizing bonds and any indenture or
10756	10756	agreement entered into under the resolution may provide that in the
10757	10757	event of a default described by Subsection (a) that continues for a
10758	10758	period, if any, prescribed by the resolution, the trustee under the
10759	10759	indenture entered into with respect to the bonds authorized by the
10760	10760	resolution, or, if there is no indenture, a trustee appointed in the
10761	10761	manner provided in the resolution by the holders of 25 percent in
10762	10762	aggregate principal amount of the bonds authorized by the
10763	10763	resolution and then outstanding may, and on the written request of
10764	10764	the holders of 25 percent in aggregate principal amount of the bonds
10765	10765	authorized by the resolution then outstanding, shall, in the
10766	10766	trustee's own name, but for the equal and proportionate benefit of
10767	10767	the holders of all of the bonds, and with or without having
10768	10768	possession of the bonds:
10769	10769	(1) by mandamus or other suit, action, or proceeding
10770	10770	at law or in equity, enforce all rights of the bondholders;
10771	10771	(2) bring suit on the bonds or the appurtenant
10772	10772	coupons;
10773	10773	(3) by action or suit in equity, require the authority
10774	10774	to account as if it were the trustee of an express trust for the
10775	10775	bondholders;
10776	10776	(4) by action or suit in equity, enjoin any acts or
10777	10777	things that may be unlawful or in violation of the rights of the
10778	10778	bondholders; or
10779	10779	(5) after such notice to the authority as the
10780	10780	resolution may provide, declare the principal of all of the bonds
10781	10781	due and payable, and if all defaults have been made good, then with
10782	10782	the written consent of the holders of 25 percent in aggregate
10783	10783	principal amount of the bonds then outstanding, annul the
10784	10784	declaration and its consequences.
10785	10785	(c) Notwithstanding Subsection (b), the holders of more
10786	10786	than a majority in principal amount of the bonds authorized by the
10787	10787	resolution and then outstanding, by written instrument delivered to
10788	10788	the trustee, are entitled to direct and control any and all action
10789	10789	taken or to be taken by the trustee under this section.
10790	10790	(d) A resolution, indenture, or agreement relating to bonds
10791	10791	may provide that in a suit, action, or proceeding under this
10792	10792	section, the trustee, whether or not all of the bonds have been
10793	10793	declared due and payable and with or without possession of any of
10794	10794	the bonds, is entitled to the appointment of a receiver who may:
10795	10795	(1) enter and take possession of all or any part of the
10796	10796	properties of the authority;
10797	10797	(2) operate and maintain the properties;
10798	10798	(3) set, collect, and receive rates and charges
10799	10799	sufficient to provide revenue adequate to pay the items specified
10800	10800	by Section 8505.154(b) and the costs and disbursements of the suit,
10801	10801	action, or proceeding; and
10802	10802	(4) apply the revenue in conformity with this chapter
10803	10803	and the resolution authorizing the bonds.
10804	10804	(e) In a suit, action, or proceeding by a trustee under this
10805	10805	section, the reasonable fees, attorney's fees, and expenses of the
10806	10806	trustee and of the receiver, if any, constitute taxable
10807	10807	disbursements, and all costs and disbursements allowed by the court
10808	10808	are a first charge on any revenue pledged to secure the payment of
10809	10809	the bonds.
10810	10810	(f) The courts of Coleman County have jurisdiction of a
10811	10811	suit, action, or proceeding by a trustee on behalf of the
10812	10812	bondholders and of all property involved in the suit, action, or
10813	10813	proceeding.
10814	10814	(g) In addition to the powers specifically provided by this
10815	10815	section, a trustee has all powers necessary or appropriate for the
10816	10816	exercise of the powers specifically provided or incident to the
10817	10817	general representation of the bondholders in the enforcement of
10818	10818	their rights. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 11
10819	10819	(part).)
10820	10820	Sec. 8505.209. POWER OF AUTHORITY TO PURCHASE BONDS ISSUED
10821	10821	BY AUTHORITY. (a) Using any money available for the purpose, the
10822	10822	authority may purchase bonds issued by it at a price not exceeding
10823	10823	the redemption price applicable at the time of the purchase, or, if
10824	10824	the bonds are not redeemable, at a price not exceeding the principal
10825	10825	amount of the bonds plus accrued interest.
10826	10826	(b) All bonds purchased under this section shall be
10827	10827	canceled, and bonds may not be issued in lieu of those bonds. (Acts
10828	10828	44th Leg., R.S., G.L., Ch. 338, Sec. 14.)
10829	10829	Sec. 8505.210. BONDS EXEMPT FROM TAXATION. A bond issued
10830	10830	under this chapter and the interest on the bond is exempt from
10831	10831	taxation, except inheritance taxes, by this state or by any
10832	10832	political subdivision of this state. (Acts 44th Leg., R.S., G.L.,
10833	10833	Ch. 338, Sec. 17.)
10834	10834	SECTION 1.05. Subtitle H, Title 6, Special District Local
10835	10835	Laws Code, is amended by adding Chapters 8847, 8853, 8858, 8861,
10836	10836	8862, 8863, 8864, 8865, 8866, 8867, 8868, 8869, and 8870 to read as
10837	10837	follows:
10838	10838	CHAPTER 8847. PINEYWOODS GROUNDWATER CONSERVATION DISTRICT
10839	10839	SUBCHAPTER A. GENERAL PROVISIONS
10840	10840	Sec. 8847.001. DEFINITIONS
10841	10841	Sec. 8847.002. NATURE OF DISTRICT
10842	10842	Sec. 8847.003. FINDINGS OF PUBLIC USE AND BENEFIT
10843	10843	Sec. 8847.004. DISTRICT TERRITORY
10844	10844	Sec. 8847.005. ADDITION OF ADJACENT COUNTY TO DISTRICT
10845	10845	Sec. 8847.006. LANDOWNERS' RIGHTS
10846	10846	[Sections 8847.007-8847.050 reserved for expansion]
10847	10847	SUBCHAPTER B. BOARD OF DIRECTORS
10848	10848	Sec. 8847.051. COMPOSITION OF BOARD; TERMS
10849	10849	Sec. 8847.052. APPOINTMENT OF DIRECTORS BY INITIAL
10850	10850	COUNTIES
10851	10851	Sec. 8847.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL
10852	10852	COUNTIES
10853	10853	Sec. 8847.054. BOARD VACANCY
10854	10854	Sec. 8847.055. COMPENSATION; EXPENSES
10855	10855	Sec. 8847.056. VOTE REQUIRED FOR BOARD ACTION
10856	10856	[Sections 8847.057-8847.100 reserved for expansion]
10857	10857	SUBCHAPTER C. POWERS AND DUTIES
10858	10858	Sec. 8847.101. GROUNDWATER CONSERVATION DISTRICT
10859	10859	POWERS AND DUTIES
10860	10860	Sec. 8847.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT
10861	10861	Sec. 8847.103. WELLS EXEMPT FROM REGULATION
10862	10862	Sec. 8847.104. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS
10863	10863	Sec. 8847.105. NO EMINENT DOMAIN POWER
10864	10864	[Sections 8847.106-8847.150 reserved for expansion]
10865	10865	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
10866	10866	Sec. 8847.151. TAXES PROHIBITED
10867	10867	Sec. 8847.152. TAX BONDS PROHIBITED
10868	10868	Sec. 8847.153. PERMIT FEES
10869	10869	CHAPTER 8847. PINEYWOODS GROUNDWATER CONSERVATION DISTRICT
10870	10870	SUBCHAPTER A. GENERAL PROVISIONS
10871	10871	Sec. 8847.001. DEFINITIONS. In this chapter:
10872	10872	(1) "Board" means the district's board of directors.
10873	10873	(2) "Director" means a board member.
10874	10874	(3) "District" means the Pineywoods Groundwater
10875	10875	Conservation District. (Acts 77th Leg., R.S., Ch. 1330, Sec. 2;
10876	10876	New.)
10877	10877	Sec. 8847.002. NATURE OF DISTRICT. The district is a
10878	10878	groundwater conservation district in Angelina and Nacogdoches
10879	10879	Counties created under and essential to accomplish the purposes of
10880	10880	Section 59, Article XVI, Texas Constitution. (Acts 77th Leg.,
10881	10881	R.S., Ch. 1330, Secs. 1(a) (part), (b).)
10882	10882	Sec. 8847.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
10883	10883	district is created to serve a public use and benefit.
10884	10884	(b) All land and other property included in the district
10885	10885	will benefit from the works and projects accomplished by the
10886	10886	district under the powers conferred by Section 59, Article XVI,
10887	10887	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1330, Sec. 4.)
10888	10888	Sec. 8847.004. DISTRICT TERRITORY. The district's
10889	10889	boundaries are coextensive with the boundaries of Angelina and
10890	10890	Nacogdoches Counties unless the district's territory has been
10891	10891	modified under:
10892	10892	(1) Section 8847.005;
10893	10893	(2) Subchapter J or K, Chapter 36, Water Code; or
10894	10894	(3) other law. (Acts 77th Leg., R.S., Ch. 1330, Sec. 3;
10895	10895	New.)
10896	10896	Sec. 8847.005. ADDITION OF ADJACENT COUNTY TO DISTRICT.
10897	10897	(a) An adjacent county may petition to join the district by
10898	10898	resolution of the commissioners court of the county.
10899	10899	(b) If, after a hearing on the resolution, the board finds
10900	10900	that the addition of the county would benefit the district and the
10901	10901	county to be added, the board by resolution may approve the addition
10902	10902	of the county to the district.
10903	10903	(c) The addition of a county to the district under this
10904	10904	section is not final until ratified by a majority vote of the voters
10905	10905	in the county to be added voting in an election held for that
10906	10906	purpose.
10907	10907	(d) The ballots for the election shall be printed to provide
10908	10908	for voting for or against the proposition: "The inclusion of
10909	10909	________ County in the Pineywoods Groundwater Conservation
10910	10910	District." (Acts 77th Leg., R.S., Ch. 1330, Secs. 11(a), (b), (c),
10911	10911	(d).)
10912	10912	Sec. 8847.006. LANDOWNERS' RIGHTS. The rights of
10913	10913	landowners and their lessees and assigns in groundwater within the
10914	10914	district are recognized. Nothing in this chapter may be construed
10915	10915	to deprive or divest the landowners or their lessees or assigns of
10916	10916	those rights, subject to district rules. (Acts 77th Leg., R.S., Ch.
10917	10917	1330, Sec. 9.)
10918	10918	[Sections 8847.007-8847.050 reserved for expansion]
10919	10919	SUBCHAPTER B. BOARD OF DIRECTORS
10920	10920	Sec. 8847.051. COMPOSITION OF BOARD; TERMS. (a) Except as
10921	10921	provided by Section 8847.053, the district is governed by a board of
10922	10922	seven directors appointed under Section 8847.052.
10923	10923	(b) Directors serve three-year terms.
10924	10924	(c) A director may serve consecutive terms. (Acts 77th
10925	10925	Leg., R.S., Ch. 1330, Secs. 6(a) (part), (b) (part), (f).)
10926	10926	Sec. 8847.052. APPOINTMENT OF DIRECTORS BY INITIAL
10927	10927	COUNTIES. (a) The Angelina County Commissioners Court shall
10928	10928	appoint two directors. One director shall represent the rural water
10929	10929	and utilities and small municipal water supply interests. The other
10930	10930	director shall represent the large industrial groundwater supply
10931	10931	interests of the county.
10932	10932	(b) The Nacogdoches County Commissioners Court shall
10933	10933	appoint two directors. One director shall represent the rural water
10934	10934	and utilities and small municipal water supply interests. The other
10935	10935	director shall represent the forestry or agricultural groundwater
10936	10936	supply interests of the county.
10937	10937	(c) The Lufkin City Council shall appoint one director.
10938	10938	(d) The Nacogdoches City Council shall appoint one
10939	10939	director.
10940	10940	(e) The Angelina County Commissioners Court and the
10941	10941	Nacogdoches County Commissioners Court shall jointly appoint one
10942	10942	director to represent the forestry, agricultural, or landowner
10943	10943	groundwater interests of both counties. (Acts 77th Leg., R.S., Ch.
10944	10944	1330, Secs. 7(a), (b), (c), (d), (e).)
10945	10945	Sec. 8847.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL
10946	10946	COUNTIES. When a county is added to the district, the board may
10947	10947	change the number of directors so that an equal number of directors
10948	10948	are appointed from each county and one director is appointed
10949	10949	jointly by the counties. (Acts 77th Leg., R.S., Ch. 1330, Sec. 6(a)
10950	10950	(part).)
10951	10951	Sec. 8847.054. BOARD VACANCY. If there is a vacancy on the
10952	10952	board, the governing body of the entity that appointed the director
10953	10953	who vacated the office shall appoint a director to serve the
10954	10954	remainder of the term. (Acts 77th Leg., R.S., Ch. 1330, Sec. 6(g).)
10955	10955	Sec. 8847.055. COMPENSATION; EXPENSES. (a) A director is
10956	10956	not entitled to receive compensation for serving as a director.
10957	10957	(b) A director may be reimbursed for actual, reasonable
10958	10958	expenses incurred in discharging official duties. (Acts 77th Leg.,
10959	10959	R.S., Ch. 1330, Sec. 6(h).)
10960	10960	Sec. 8847.056. VOTE REQUIRED FOR BOARD ACTION. A majority
10961	10961	vote of a quorum of the board is required for board action. If there
10962	10962	is a tie vote, the proposed action fails. (Acts 77th Leg., R.S.,
10963	10963	Ch. 1330, Sec. 6(i).)
10964	10964	[Sections 8847.057-8847.100 reserved for expansion]
10965	10965	SUBCHAPTER C. POWERS AND DUTIES
10966	10966	Sec. 8847.101. GROUNDWATER CONSERVATION DISTRICT POWERS
10967	10967	AND DUTIES. Except as provided by this subchapter and Subchapter D,
10968	10968	the district has the rights, powers, privileges, functions, and
10969	10969	duties provided by the general law of this state, including Chapter
10970	10970	36, Water Code, applicable to groundwater conservation districts
10971	10971	created under Section 59, Article XVI, Texas Constitution. (Acts
10972	10972	77th Leg., R.S., Ch. 1330, Sec. 5(a) (part).)
10973	10973	Sec. 8847.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT.
10974	10974	(a) The district by rule may require a person to obtain a permit
10975	10975	from the district for the transfer of groundwater out of the
10976	10976	district consistent with Section 36.122, Water Code, and may
10977	10977	regulate the terms on which a permit holder under those rules may
10978	10978	conduct such a transfer.
10979	10979	(b) A retail public utility as defined by Section 13.002,
10980	10980	Water Code, is not required to obtain a permit to transfer
10981	10981	groundwater out of the district if:
10982	10982	(1) the source of the water is one or more wells
10983	10983	located within the district; and
10984	10984	(2) the water is used by the retail public utility to
10985	10985	provide retail water utility service, as defined by Section 13.002,
10986	10986	Water Code, in a service area located in a county adjacent to the
10987	10987	district. (Acts 77th Leg., R.S., Ch. 1330, Sec. 5(b).)
10988	10988	Sec. 8847.103. WELLS EXEMPT FROM REGULATION. (a) The
10989	10989	district may not require a permit for a well incapable of producing
10990	10990	more than 25,000 gallons of groundwater a day.
10991	10991	(b) A well meeting the criteria established under Section
10992	10992	36.117, Water Code, including a well used for dewatering and
10993	10993	monitoring in the production of coal and lignite, is exempt from
10994	10994	permit requirements, regulations, and fees imposed by the district.
10995	10995	(Acts 77th Leg., R.S., Ch. 1330, Secs. 5(c), (f).)
10996	10996	Sec. 8847.104. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS.
10997	10997	The district may not purchase groundwater rights unless the
10998	10998	purchased rights are acquired for conservation purposes and are
10999	10999	permanently held in trust not to be produced. (Acts 77th Leg., R.S.,
11000	11000	Ch. 1330, Sec. 5(g) (part).)
11001	11001	Sec. 8847.105. NO EMINENT DOMAIN POWER. The district may
11002	11002	not exercise the power of eminent domain. (Acts 77th Leg., R.S., Ch.
11003	11003	1330, Sec. 5(g) (part).)
11004	11004	[Sections 8847.106-8847.150 reserved for expansion]
11005	11005	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11006	11006	Sec. 8847.151. TAXES PROHIBITED. The district may not
11007	11007	impose taxes in the district. (Acts 77th Leg., R.S., Ch. 1330, Sec.
11008	11008	5(d).)
11009	11009	Sec. 8847.152. TAX BONDS PROHIBITED. The district may not
11010	11010	issue and sell any bonds or notes that pledge revenue derived from
11011	11011	taxation in the name of the district. (Acts 77th Leg., R.S., Ch.
11012	11012	1330, Sec. 5(g) (part).)
11013	11013	Sec. 8847.153. PERMIT FEES. (a) The board by rule may
11014	11014	impose a reasonable fee on each well for which a permit is issued by
11015	11015	the district and that is not exempt from regulation by the district.
11016	11016	(b) The fee must be based on the amount of water to be
11017	11017	withdrawn from the well.
11018	11018	(c) The fee may not exceed $0.025 per thousand gallons of
11019	11019	groundwater withdrawn for any purpose. (Acts 77th Leg., R.S., Ch.
11020	11020	1330, Sec. 5(e).)
11021	11021	CHAPTER 8853. KENEDY COUNTY GROUNDWATER CONSERVATION DISTRICT
11022	11022	SUBCHAPTER A. GENERAL PROVISIONS
11023	11023	Sec. 8853.001. DEFINITIONS
11024	11024	Sec. 8853.002. NATURE OF DISTRICT
11025	11025	Sec. 8853.003. FINDINGS OF PUBLIC USE AND BENEFIT
11026	11026	Sec. 8853.004. DISTRICT TERRITORY
11027	11027	[Sections 8853.005-8853.050 reserved for expansion]
11028	11028	SUBCHAPTER B. BOARD OF DIRECTORS
11029	11029	Sec. 8853.051. COMPOSITION OF BOARD; TERMS
11030	11030	Sec. 8853.052. ELECTION OF DIRECTORS
11031	11031	Sec. 8853.053. ELECTION DATE
11032	11032	Sec. 8853.054. QUALIFICATIONS FOR OFFICE
11033	11033	Sec. 8853.055. APPLICATION FOR PLACEMENT ON BALLOT
11034	11034	Sec. 8853.056. REVISION OF SINGLE-MEMBER DISTRICTS
11035	11035	Sec. 8853.057. COMPENSATION OF DIRECTORS
11036	11036	[Sections 8853.058-8853.100 reserved for expansion]
11037	11037	SUBCHAPTER C. POWERS
11038	11038	Sec. 8853.101. GROUNDWATER CONSERVATION DISTRICT
11039	11039	POWERS AND DUTIES
11040	11040	[Sections 8853.102-8853.150 reserved for expansion]
11041	11041	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11042	11042	Sec. 8853.151. LIMITATION ON TAXATION
11043	11043	CHAPTER 8853. KENEDY COUNTY GROUNDWATER CONSERVATION DISTRICT
11044	11044	SUBCHAPTER A. GENERAL PROVISIONS
11045	11045	Sec. 8853.001. DEFINITIONS. In this chapter:
11046	11046	(1) "Board" means the district's board of directors.
11047	11047	(2) "Director" means a board member.
11048	11048	(3) "District" means the Kenedy County Groundwater
11049	11049	Conservation District. (Acts 78th Leg., R.S., Ch. 1152, Sec. 1; Ch.
11050	11050	1162, Sec. 1; New.)
11051	11051	Sec. 8853.002. NATURE OF DISTRICT. (a) The district is a
11052	11052	groundwater conservation district in Kenedy County created under
11053	11053	and essential to accomplish the purposes of Section 59, Article
11054	11054	XVI, Texas Constitution.
11055	11055	(b) The district is a political subdivision of this state.
11056	11056	(Acts 78th Leg., R.S., Ch. 1152, Secs. 2(a) (part), (b), 3(b); Ch.
11057	11057	1162, Secs. 2(a) (part), (b), 3(b).)
11058	11058	Sec. 8853.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
11059	11059	district is created to serve a public use and benefit.
11060	11060	(b) All land and other property included in the district
11061	11061	will benefit from the works and projects accomplished by the
11062	11062	district under the powers conferred by Section 59, Article XVI,
11063	11063	Texas Constitution. (Acts 78th Leg., R.S., Ch. 1152, Secs. 3(a),
11064	11064	(c); Ch. 1162, Secs. 3(a), (c).)
11065	11065	Sec. 8853.004. DISTRICT TERRITORY. (a) The district is
11066	11066	composed of the territory described by Section 4, Chapter 1152,
11067	11067	Acts of the 78th Legislature, Regular Session, 2003, as that
11068	11068	territory may have been modified under:
11069	11069	(1) Subchapter J or K, Chapter 36, Water Code; or
11070	11070	(2) other law.
11071	11071	(b) The boundaries and field notes of the district form a
11072	11072	closure. (Acts 78th Leg., R.S., Ch. 1152, Sec. 4(f); New.)
11073	11073	[Sections 8853.005-8853.050 reserved for expansion]
11074	11074	SUBCHAPTER B. BOARD OF DIRECTORS
11075	11075	Sec. 8853.051. COMPOSITION OF BOARD; TERMS. (a) The
11076	11076	district is governed by a board of five directors.
11077	11077	(b) Directors serve staggered four-year terms. (Acts 78th
11078	11078	Leg., R.S., Ch. 1152, Secs. 6(a), (d); Ch. 1162, Secs. 6(a), (d).)
11079	11079	Sec. 8853.052. ELECTION OF DIRECTORS. (a) The district is
11080	11080	divided into five single-member districts for electing directors.
11081	11081	(b) One director is elected from each single-member
11082	11082	district. (Acts 78th Leg., R.S., Ch. 1152, Secs. 9A(a) (part), (d);
11083	11083	Ch. 1162, Secs. 8A(a) (part), (d).)
11084	11084	Sec. 8853.053. ELECTION DATE. Each even-numbered year, on
11085	11085	the uniform election date in May or another date authorized by law,
11086	11086	the appropriate number of directors shall be elected. (Acts 78th
11087	11087	Leg., R.S., Ch. 1152, Sec. 11(b); Ch. 1162, Sec. 10(b).)
11088	11088	Sec. 8853.054. QUALIFICATIONS FOR OFFICE. (a) To be a
11089	11089	candidate for or to serve as a director, a person must be a
11090	11090	registered voter in the single-member district the person
11091	11091	represents or seeks to represent.
11092	11092	(b) A director in office on the effective date of a change in
11093	11093	the boundaries of a single-member district under Section
11094	11094	8853.056(a), or a director elected or appointed before the
11095	11095	effective date of the change whose term of office begins on or after
11096	11096	the effective date of the change, shall serve for the remainder of
11097	11097	the director's term in the single-member district to which the
11098	11098	director was elected or appointed even though the change in
11099	11099	boundaries places the director's residence outside the district to
11100	11100	which the director was elected or appointed. (Acts 78th Leg., R.S.,
11101	11101	Ch. 1152, Secs. 9A(e), (g) (part); Ch. 1162, Secs. 8A(e), (g)
11102	11102	(part).)
11103	11103	Sec. 8853.055. APPLICATION FOR PLACEMENT ON BALLOT. A
11104	11104	person shall indicate on the application for a place on the ballot
11105	11105	the single-member district the person seeks to represent. (Acts
11106	11106	78th Leg., R.S., Ch. 1152, Sec. 9A(f); Ch. 1162, Sec. 8A(f).)
11107	11107	Sec. 8853.056. REVISION OF SINGLE-MEMBER DISTRICTS. (a)
11108	11108	After each federal decennial census or as needed, the board may
11109	11109	redraw the single-member districts to reflect population changes.
11110	11110	(b) If the district annexes territory, the annexed
11111	11111	territory becomes part of one or more of the single-member
11112	11112	districts as determined by the board. (Acts 78th Leg., R.S., Ch.
11113	11113	1152, Secs. 9A(c), (g) (part); Ch. 1162, Secs. 8A(c), (g) (part).)
11114	11114	Sec. 8853.057. COMPENSATION OF DIRECTORS. A director is
11115	11115	not entitled to fees of office but is entitled to reimbursement of
11116	11116	actual expenses reasonably and necessarily incurred while engaging
11117	11117	in activities on behalf of the district. (Acts 78th Leg., R.S., Ch.
11118	11118	1152, Sec. 7.)
11119	11119	[Sections 8853.058-8853.100 reserved for expansion]
11120	11120	SUBCHAPTER C. POWERS
11121	11121	Sec. 8853.101. GROUNDWATER CONSERVATION DISTRICT POWERS
11122	11122	AND DUTIES. The district has the rights, powers, privileges,
11123	11123	functions, and duties provided by the general law of this state,
11124	11124	including Chapter 36, Water Code, applicable to groundwater
11125	11125	conservation districts created under Section 59, Article XVI, Texas
11126	11126	Constitution. (Acts 78th Leg., R.S., Ch. 1152, Sec. 12; Ch. 1162,
11127	11127	Sec. 11.)
11128	11128	[Sections 8853.102-8853.150 reserved for expansion]
11129	11129	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11130	11130	Sec. 8853.151. LIMITATION ON TAXATION. The district may
11131	11131	impose a tax to pay any part of bonds or notes issued by the district
11132	11132	at a rate not to exceed 20 cents on each $100 of assessed valuation.
11133	11133	(Acts 78th Leg., R.S., Ch. 1152, Sec. 13.)
11134	11134	CHAPTER 8858. KIMBLE COUNTY GROUNDWATER CONSERVATION DISTRICT
11135	11135	SUBCHAPTER A. GENERAL PROVISIONS
11136	11136	Sec. 8858.001. DEFINITIONS
11137	11137	Sec. 8858.002. NATURE OF DISTRICT
11138	11138	Sec. 8858.003. FINDINGS OF PUBLIC USE AND BENEFIT
11139	11139	Sec. 8858.004. DISTRICT TERRITORY
11140	11140	[Sections 8858.005-8858.050 reserved for expansion]
11141	11141	SUBCHAPTER B. BOARD OF DIRECTORS
11142	11142	Sec. 8858.051. COMPOSITION OF BOARD; TERMS
11143	11143	Sec. 8858.052. ELECTION OF DIRECTORS
11144	11144	Sec. 8858.053. ELECTION DATE
11145	11145	Sec. 8858.054. QUALIFICATIONS FOR OFFICE
11146	11146	Sec. 8858.055. REVISION OF SINGLE-MEMBER DISTRICTS
11147	11147	Sec. 8858.056. COMPENSATION; EXPENSES
11148	11148	[Sections 8858.057-8858.100 reserved for expansion]
11149	11149	SUBCHAPTER C. POWERS AND DUTIES
11150	11150	Sec. 8858.101. GROUNDWATER CONSERVATION DISTRICT
11151	11151	POWERS AND DUTIES
11152	11152	[Sections 8858.102-8858.150 reserved for expansion]
11153	11153	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11154	11154	Sec. 8858.151. LIMITATION ON TAXES FOR BONDS OR NOTES
11155	11155	CHAPTER 8858. KIMBLE COUNTY GROUNDWATER CONSERVATION DISTRICT
11156	11156	SUBCHAPTER A. GENERAL PROVISIONS
11157	11157	Sec. 8858.001. DEFINITIONS. In this chapter:
11158	11158	(1) "Board" means the district's board of directors.
11159	11159	(2) "Director" means a board member.
11160	11160	(3) "District" means the Kimble County Groundwater
11161	11161	Conservation District. (Acts 77th Leg., R.S., Ch. 966, Sec.
11162	11162	3.0702; New.)
11163	11163	Sec. 8858.002. NATURE OF DISTRICT. The district is a
11164	11164	groundwater conservation district in Kimble County created under
11165	11165	and essential to accomplish the purposes of Section 59, Article
11166	11166	XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 966, Secs.
11167	11167	3.0701(a) (part), (b).)
11168	11168	Sec. 8858.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
11169	11169	district is created to serve a public use and benefit.
11170	11170	(b) All land and other property included in the district
11171	11171	will benefit from the works and projects accomplished by the
11172	11172	district under the powers conferred by Section 59, Article XVI,
11173	11173	Texas Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0704.)
11174	11174	Sec. 8858.004. DISTRICT TERRITORY. The district's
11175	11175	boundaries are coextensive with the boundaries of Kimble County,
11176	11176	excluding that part of Kimble County that lies within the
11177	11177	boundaries of Hickory Underground Water Conservation District No.
11178	11178	1, unless the district's territory has been modified under:
11179	11179	(1) Subchapter J or K, Chapter 36, Water Code; or
11180	11180	(2) other law. (Acts 77th Leg., R.S., Ch. 966, Sec.
11181	11181	3.0703; New.)
11182	11182	[Sections 8858.005-8858.050 reserved for expansion]
11183	11183	SUBCHAPTER B. BOARD OF DIRECTORS
11184	11184	Sec. 8858.051. COMPOSITION OF BOARD; TERMS. (a) The
11185	11185	district is governed by a board of five directors.
11186	11186	(b) Directors serve staggered four-year terms. (Acts 77th
11187	11187	Leg., R.S., Ch. 966, Secs. 3.0706(a), (d).)
11188	11188	Sec. 8858.052. ELECTION OF DIRECTORS. (a) The district is
11189	11189	divided into five numbered single-member districts for electing
11190	11190	directors.
11191	11191	(b) One director is elected from each single-member
11192	11192	district. A director elected from a single-member district
11193	11193	represents the residents of that single-member district. (Acts
11194	11194	77th Leg., R.S., Ch. 966, Secs. 3.0709(a), (b).)
11195	11195	Sec. 8858.053. ELECTION DATE. Each even-numbered year, on
11196	11196	the uniform election date in May or another date authorized by law,
11197	11197	the appropriate number of directors shall be elected. (Acts 77th
11198	11198	Leg., R.S., Ch. 966, Sec. 3.0711(b).)
11199	11199	Sec. 8858.054. QUALIFICATIONS FOR OFFICE. To be qualified
11200	11200	to be a candidate for or to serve as director, a person must be a
11201	11201	registered voter in the single-member district that the person
11202	11202	represents or seeks to represent. (Acts 77th Leg., R.S., Ch. 966,
11203	11203	Sec. 3.0709(c).)
11204	11204	Sec. 8858.055. REVISION OF SINGLE-MEMBER DISTRICTS. (a)
11205	11205	The board may revise the single-member districts as necessary or
11206	11206	appropriate.
11207	11207	(b) The board shall revise each single-member district
11208	11208	after each federal decennial census to reflect population changes.
11209	11209	(c) At the first election after the single-member districts
11210	11210	are revised, a new director shall be elected from each district.
11211	11211	The directors shall draw lots to determine which two directors
11212	11212	serve two-year terms and which three directors serve four-year
11213	11213	terms. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0709(d).)
11214	11214	Sec. 8858.056. COMPENSATION; EXPENSES. A director is not
11215	11215	entitled to fees of office but is entitled to reimbursement of
11216	11216	actual expenses reasonably and necessarily incurred while engaging
11217	11217	in activities on behalf of the district. (Acts 77th Leg., R.S., Ch.
11218	11218	966, Sec. 3.0707.)
11219	11219	[Sections 8858.057-8858.100 reserved for expansion]
11220	11220	SUBCHAPTER C. POWERS AND DUTIES
11221	11221	Sec. 8858.101. GROUNDWATER CONSERVATION DISTRICT POWERS
11222	11222	AND DUTIES. The district has the rights, powers, privileges,
11223	11223	functions, and duties provided by the general law of this state,
11224	11224	including Chapter 36, Water Code, applicable to groundwater
11225	11225	conservation districts created under Section 59, Article XVI, Texas
11226	11226	Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0705(a)
11227	11227	(part).)
11228	11228	[Sections 8858.102-8858.150 reserved for expansion]
11229	11229	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11230	11230	Sec. 8858.151. LIMITATION ON TAXES FOR BONDS OR NOTES. The
11231	11231	district, to pay any part of bonds or notes issued by the district,
11232	11232	may not impose a tax that exceeds 20 cents on each $100 of assessed
11233	11233	valuation. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0712.)
11234	11234	CHAPTER 8861. MENARD COUNTY UNDERGROUND WATER DISTRICT
11235	11235	SUBCHAPTER A. GENERAL PROVISIONS
11236	11236	Sec. 8861.001. DEFINITIONS
11237	11237	Sec. 8861.002. NATURE OF DISTRICT
11238	11238	Sec. 8861.003. FINDINGS OF PUBLIC USE AND BENEFIT
11239	11239	Sec. 8861.004. DISTRICT TERRITORY
11240	11240	[Sections 8861.005-8861.050 reserved for expansion]
11241	11241	SUBCHAPTER B. BOARD OF DIRECTORS
11242	11242	Sec. 8861.051. COMPOSITION OF BOARD; TERMS
11243	11243	Sec. 8861.052. ELECTION DATE
11244	11244	Sec. 8861.053. COMPENSATION; EXPENSES
11245	11245	[Sections 8861.054-8861.100 reserved for expansion]
11246	11246	SUBCHAPTER C. POWERS AND DUTIES
11247	11247	Sec. 8861.101. GROUNDWATER CONSERVATION DISTRICT
11248	11248	POWERS AND DUTIES
11249	11249	Sec. 8861.102. AUTHORITY OF DISTRICT TO REQUIRE
11250	11250	PERMITS FOR CERTAIN WELLS
11251	11251	CHAPTER 8861. MENARD COUNTY UNDERGROUND WATER DISTRICT
11252	11252	SUBCHAPTER A. GENERAL PROVISIONS
11253	11253	Sec. 8861.001. DEFINITIONS. In this chapter:
11254	11254	(1) "Board" means the district's board of directors.
11255	11255	(2) "Director" means a board member.
11256	11256	(3) "District" means the Menard County Underground
11257	11257	Water District. (Acts 72nd Leg., R.S., Ch. 180, Sec. 2; New.)
11258	11258	Sec. 8861.002. NATURE OF DISTRICT. The district is a
11259	11259	groundwater conservation district in Menard County created under
11260	11260	and essential to accomplish the purposes of Section 59, Article
11261	11261	XVI, Texas Constitution. (Acts 72nd Leg., R.S., Ch. 180, Secs. 1(a)
11262	11262	(part), (b).)
11263	11263	Sec. 8861.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
11264	11264	district is created to serve a public use and benefit.
11265	11265	(b) All land and other property included in the district
11266	11266	will benefit from the works and projects accomplished by the
11267	11267	district under the powers conferred by Section 59, Article XVI,
11268	11268	Texas Constitution. (Acts 72nd Leg., R.S., Ch. 180, Sec. 5.)
11269	11269	Sec. 8861.004. DISTRICT TERRITORY. (a) Except as provided
11270	11270	by Subsection (b), the district includes the territory in Menard
11271	11271	County unless the district's territory has been modified under:
11272	11272	(1) Subchapter J or K, Chapter 36, Water Code; or
11273	11273	(2) other law.
11274	11274	(b) The district does not include the territory in the
11275	11275	Hickory Underground Water Conservation District No. 1 as that
11276	11276	territory existed on May 24, 1991.
11277	11277	(c) The boundaries of the district form a closure. (Acts
11278	11278	72nd Leg., R.S., Ch. 180, Secs. 3, 4; New.)
11279	11279	[Sections 8861.005-8861.050 reserved for expansion]
11280	11280	SUBCHAPTER B. BOARD OF DIRECTORS
11281	11281	Sec. 8861.051. COMPOSITION OF BOARD; TERMS. (a) The
11282	11282	district is governed by a board of five directors.
11283	11283	(b) Directors serve staggered four-year terms. (Acts 72nd
11284	11284	Leg., R.S., Ch. 180, Secs. 7(a), (d).)
11285	11285	Sec. 8861.052. ELECTION DATE. Every two years, on the
11286	11286	uniform election date in May or another date authorized by law, the
11287	11287	appropriate number of directors shall be elected. (Acts 72nd Leg.,
11288	11288	R.S., Ch. 180, Sec. 10 (part).)
11289	11289	Sec. 8861.053. COMPENSATION; EXPENSES. A director is not
11290	11290	entitled to compensation for service on the board but may be
11291	11291	reimbursed as provided by board rules for expenses incurred in
11292	11292	carrying out the business of the district. (Acts 72nd Leg., R.S.,
11293	11293	Ch. 180, Sec. 7(g).)
11294	11294	[Sections 8861.054-8861.100 reserved for expansion]
11295	11295	SUBCHAPTER C. POWERS AND DUTIES
11296	11296	Sec. 8861.101. GROUNDWATER CONSERVATION DISTRICT POWERS
11297	11297	AND DUTIES. The district has the rights, powers, privileges,
11298	11298	functions, and duties provided by the general law of this state,
11299	11299	including Chapters 36 and 49, Water Code, applicable to groundwater
11300	11300	conservation districts created under Section 59, Article XVI, Texas
11301	11301	Constitution. (Acts 72nd Leg., R.S., Ch. 180, Sec. 6(a) (part).)
11302	11302	Sec. 8861.102. AUTHORITY OF DISTRICT TO REQUIRE PERMITS FOR
11303	11303	CERTAIN WELLS. The district may require a permit for a well used
11304	11304	for domestic purposes or to provide water for livestock, poultry,
11305	11305	or wildlife if the well is:
11306	11306	(1) on a tract of land smaller than 100 acres;
11307	11307	(2) less than 500 feet deep; and
11308	11308	(3) drilled, completed, or equipped so that the well
11309	11309	is capable of producing more than 9,000 gallons of groundwater per
11310	11310	day. (Acts 72nd Leg., R.S., Ch. 180, Sec. 6A.)
11311	11311	CHAPTER 8862. MIDDLE TRINITY GROUNDWATER CONSERVATION DISTRICT
11312	11312	SUBCHAPTER A. GENERAL PROVISIONS
11313	11313	Sec. 8862.001. DEFINITIONS
11314	11314	Sec. 8862.002. NATURE OF DISTRICT
11315	11315	Sec. 8862.003. FINDINGS OF PUBLIC USE AND BENEFIT
11316	11316	Sec. 8862.004. DISTRICT TERRITORY
11317	11317	[Sections 8862.005-8862.050 reserved for expansion]
11318	11318	SUBCHAPTER B. BOARD OF DIRECTORS
11319	11319	Sec. 8862.051. COMPOSITION OF BOARD; TERMS
11320	11320	Sec. 8862.052. ELECTION OF DIRECTORS
11321	11321	Sec. 8862.053. ELECTION DATE
11322	11322	Sec. 8862.054. QUALIFICATION FOR OFFICE
11323	11323	Sec. 8862.055. COMPOSITION OF BOARD AND ELECTION OF
11324	11324	DIRECTORS FOLLOWING ANNEXATION OF ONE
11325	11325	OR TWO COUNTIES
11326	11326	Sec. 8862.056. COMPOSITION OF BOARD AND ELECTION OF
11327	11327	DIRECTORS FOLLOWING ANNEXATION OF
11328	11328	MORE THAN TWO COUNTIES
11329	11329	[Sections 8862.057-8862.100 reserved for expansion]
11330	11330	SUBCHAPTER C. POWERS AND DUTIES
11331	11331	Sec. 8862.101. GROUNDWATER CONSERVATION DISTRICT
11332	11332	POWERS AND DUTIES
11333	11333	Sec. 8862.102. DISTRICT RULES; ENFORCEMENT
11334	11334	[Sections 8862.103-8862.150 reserved for expansion]
11335	11335	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11336	11336	Sec. 8862.151. MAINTENANCE AND OPERATION TAX
11337	11337	CHAPTER 8862. MIDDLE TRINITY GROUNDWATER CONSERVATION DISTRICT
11338	11338	SUBCHAPTER A. GENERAL PROVISIONS
11339	11339	Sec. 8862.001. DEFINITIONS. In this chapter:
11340	11340	(1) "Board" means the district's board of directors.
11341	11341	(2) "Director" means a board member.
11342	11342	(3) "District" means the Middle Trinity Groundwater
11343	11343	Conservation District. (Acts 77th Leg., R.S., Ch. 1362, Sec. 2.)
11344	11344	Sec. 8862.002. NATURE OF DISTRICT. The district is a
11345	11345	groundwater conservation district created under and essential to
11346	11346	accomplish the purposes of Section 59, Article XVI, Texas
11347	11347	Constitution. (Acts 77th Leg., R.S., Ch. 1362, Secs. 1(a) (part),
11348	11348	(b).)
11349	11349	Sec. 8862.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
11350	11350	district is created to serve a public use and benefit.
11351	11351	(b) All land and other property included in the district
11352	11352	will benefit from the works and projects accomplished by the
11353	11353	district under the powers conferred by Section 59, Article XVI,
11354	11354	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1362, Sec. 4.)
11355	11355	Sec. 8862.004. DISTRICT TERRITORY. The district's
11356	11356	boundaries are coextensive with the boundaries of Erath, Comanche,
11357	11357	Bosque, and Coryell Counties, unless the district's territory has
11358	11358	been modified under:
11359	11359	(1) Subchapter J or K, Chapter 36, Water Code; or
11360	11360	(2) other law. (Acts 77th Leg., R.S., Ch. 1362, Sec.
11361	11361	3; New.)
11362	11362	[Sections 8862.005-8862.050 reserved for expansion]
11363	11363	SUBCHAPTER B. BOARD OF DIRECTORS
11364	11364	Sec. 8862.051. COMPOSITION OF BOARD; TERMS. (a) Except as
11365	11365	provided by Subsection (c) and Sections 8862.055 and 8862.056, the
11366	11366	district is governed by a board of six directors.
11367	11367	(b) Directors serve staggered four-year terms.
11368	11368	(c) The board by resolution may change the number of
11369	11369	directors elected from a county in the district for the purpose of
11370	11370	equalizing representation of the residents of the district.
11371	11371	(d) Section 36.051(a), Water Code, does not apply to the
11372	11372	district. (Acts 77th Leg., R.S., Ch. 1362, Secs. 6(a), (d), (g),
11373	11373	9(c).)
11374	11374	Sec. 8862.052. ELECTION OF DIRECTORS. Except as provided
11375	11375	by Sections 8862.051(c) and 8862.056, three directors shall be
11376	11376	elected from each county in the district. (Acts 77th Leg., R.S., Ch.
11377	11377	1362, Sec. 9(a).)
11378	11378	Sec. 8862.053. ELECTION DATE. Except as provided by
11379	11379	Sections 8862.055 and 8862.056, each even-numbered year, on the
11380	11380	uniform election date in May or another date authorized by law, the
11381	11381	appropriate number of directors shall be elected. (Acts 77th Leg.,
11382	11382	R.S., Ch. 1362, Sec. 11(b).)
11383	11383	Sec. 8862.054. QUALIFICATION FOR OFFICE. To be qualified
11384	11384	to be a candidate for or serve as director, a person must be a
11385	11385	registered voter in the county the person seeks to represent. (Acts
11386	11386	77th Leg., R.S., Ch. 1362, Sec. 9(b).)
11387	11387	Sec. 8862.055. COMPOSITION OF BOARD AND ELECTION OF
11388	11388	DIRECTORS FOLLOWING ANNEXATION OF ONE OR TWO COUNTIES. (a) This
11389	11389	section applies only following the annexation by the district under
11390	11390	Subchapter J, Chapter 36, Water Code, of the territory of one or two
11391	11391	additional counties.
11392	11392	(b) Not later than the 90th day after the date of an election
11393	11393	in which the annexation of a county to the district is ratified by a
11394	11394	majority vote of the voters of that county, the commissioners court
11395	11395	of the annexed county shall appoint three temporary directors to
11396	11396	the board. Temporary directors serve until initial permanent
11397	11397	directors are elected under Subsection (c).
11398	11398	(c) In the first odd-numbered year following the election in
11399	11399	which annexation of a county is ratified, on the uniform election
11400	11400	date in May or another date authorized by law, initial permanent
11401	11401	directors shall be elected from that county. The initial permanent
11402	11402	directors from the county shall draw lots to determine who will
11403	11403	serve a four-year term and who will serve a two-year term.
11404	11404	(d) In each odd-numbered year following the election of
11405	11405	initial permanent directors under Subsection (c), on the uniform
11406	11406	election date in May or another date authorized by law, the
11407	11407	appropriate number of directors from the annexed county shall be
11408	11408	elected. (Acts 77th Leg., R.S., Ch. 1362, Sec. 11A.)
11409	11409	Sec. 8862.056. COMPOSITION OF BOARD AND ELECTION OF
11410	11410	DIRECTORS FOLLOWING ANNEXATION OF MORE THAN TWO COUNTIES. (a) This
11411	11411	section applies only following the annexation by the district under
11412	11412	Subchapter J, Chapter 36, Water Code, of the territory of a third
11413	11413	additional county or the simultaneous or subsequent annexation of
11414	11414	the territory of other additional counties.
11415	11415	(b) After annexation, two directors shall be elected from
11416	11416	each county in the district as provided by this section.
11417	11417	(c) Not later than the 90th day after the date of an election
11418	11418	in which the annexation of a county is ratified by a majority vote
11419	11419	of the voters of that county, the commissioners court of each
11420	11420	annexed county shall appoint two temporary directors to the board.
11421	11421	Temporary directors serve until initial permanent directors are
11422	11422	elected under Subsection (d).
11423	11423	(d) In the first odd-numbered year following the election in
11424	11424	which annexation of a county is ratified, on the uniform election
11425	11425	date in May or another date authorized by law, initial permanent
11426	11426	directors shall be elected from that county. The initial permanent
11427	11427	directors from the county shall draw lots to determine who will
11428	11428	serve a four-year term and who will serve a two-year term.
11429	11429	(e) On the date of the next regularly scheduled directors'
11430	11430	election in an even-numbered year following the election in which
11431	11431	annexation of a county is ratified:
11432	11432	(1) one director position from Comanche County and one
11433	11433	director position from Erath County are abolished; and
11434	11434	(2) the terms of the directors serving in those
11435	11435	positions expire on the date of the election.
11436	11436	(f) On the date of the next regularly scheduled directors'
11437	11437	election in an odd-numbered year following the election in which
11438	11438	annexation of the county is ratified:
11439	11439	(1) one director position from each of the first two
11440	11440	counties annexed by the district is abolished; and
11441	11441	(2) the terms of the directors serving in those
11442	11442	positions expire on the date of the election.
11443	11443	(g) If more than one position described by Subsection (e)(1)
11444	11444	or (f)(1) is scheduled for election in Comanche County, Erath
11445	11445	County, or one of the first two counties annexed by the district,
11446	11446	the directors of the county shall draw lots to determine which
11447	11447	position shall be abolished in accordance with Subsections (e) and
11448	11448	(f).
11449	11449	(h) Each odd-numbered year following the election of
11450	11450	initial permanent directors under Subsection (d), on the uniform
11451	11451	election date in May or another date authorized by law, the
11452	11452	appropriate number of directors from the annexed county shall be
11453	11453	elected. (Acts 77th Leg., R.S., Ch. 1362, Sec. 11B.)
11454	11454	[Sections 8862.057-8862.100 reserved for expansion]
11455	11455	SUBCHAPTER C. POWERS AND DUTIES
11456	11456	Sec. 8862.101. GROUNDWATER CONSERVATION DISTRICT POWERS
11457	11457	AND DUTIES. The district has the rights, powers, privileges,
11458	11458	functions, and duties provided by the general law of this state,
11459	11459	including Chapter 36, Water Code, applicable to groundwater
11460	11460	conservation districts created under Section 59, Article XVI, Texas
11461	11461	Constitution. (Acts 77th Leg., R.S., Ch. 1362, Sec. 5(a) (part).)
11462	11462	Sec. 8862.102. DISTRICT RULES; ENFORCEMENT. (a) Any rules
11463	11463	adopted by the district as authorized by this chapter and Chapter
11464	11464	36, Water Code, apply to all persons and entities except as exempted
11465	11465	under Section 36.117, Water Code.
11466	11466	(b) The district may enforce its rules and the provisions of
11467	11467	Chapter 36, Water Code, in the manner authorized by that chapter. In
11468	11468	addition to the remedies provided under Section 36.102, Water Code,
11469	11469	the district may impose a fee on a person or entity for violation of
11470	11470	a rule of the district or failure to comply with an order issued by
11471	11471	the district. (Acts 77th Leg., R.S., Ch. 1362, Sec. 13, as added
11472	11472	Acts 81st Leg., R.S., Ch. 521.)
11473	11473	[Sections 8862.103-8862.150 reserved for expansion]
11474	11474	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11475	11475	Sec. 8862.151. MAINTENANCE AND OPERATION TAX. To pay the
11476	11476	maintenance and operating expenses of the district, the board of
11477	11477	directors may impose taxes annually at a rate not to exceed five
11478	11478	cents on each $100 of assessed valuation. (Acts 77th Leg., R.S., Ch.
11479	11479	1362, Sec. 12.)
11480	11480	CHAPTER 8863. NECHES AND TRINITY VALLEYS GROUNDWATER
11481	11481	CONSERVATION DISTRICT
11482	11482	SUBCHAPTER A. GENERAL PROVISIONS
11483	11483	Sec. 8863.001. DEFINITIONS
11484	11484	Sec. 8863.002. NATURE OF DISTRICT
11485	11485	Sec. 8863.003. FINDINGS OF PUBLIC USE AND BENEFIT
11486	11486	Sec. 8863.004. DISTRICT TERRITORY
11487	11487	Sec. 8863.005. ADDITION OF UNDERGROUND WATER
11488	11488	CONSERVATION DISTRICT OR ADJACENT
11489	11489	COUNTY TO DISTRICT
11490	11490	[Sections 8863.006-8863.050 reserved for expansion]
11491	11491	SUBCHAPTER B. BOARD OF DIRECTORS
11492	11492	Sec. 8863.051. COMPOSITION OF BOARD
11493	11493	Sec. 8863.052. APPOINTMENT OF DIRECTORS
11494	11494	Sec. 8863.053. TERMS
11495	11495	Sec. 8863.054. BOARD VACANCY
11496	11496	Sec. 8863.055. COMPENSATION; EXPENSES
11497	11497	Sec. 8863.056. VOTE REQUIRED FOR BOARD ACTION
11498	11498	[Sections 8863.057-8863.100 reserved for expansion]
11499	11499	SUBCHAPTER C. POWERS AND DUTIES
11500	11500	Sec. 8863.101. GROUNDWATER CONSERVATION DISTRICT
11501	11501	POWERS AND DUTIES
11502	11502	Sec. 8863.102. WELLS EXEMPT FROM REGULATION
11503	11503	Sec. 8863.103. TRANSFER OF GROUNDWATER OUT OF DISTRICT
11504	11504	Sec. 8863.104. NO EMINENT DOMAIN POWER
11505	11505	Sec. 8863.105. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS
11506	11506	[Sections 8863.106-8863.150 reserved for expansion]
11507	11507	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11508	11508	Sec. 8863.151. AUTHORITY TO SET FEES; LIMITS
11509	11509	Sec. 8863.152. TAXES PROHIBITED
11510	11510	Sec. 8863.153. LIMIT ON ISSUANCE OF BONDS AND NOTES
11511	11511	CHAPTER 8863. NECHES AND TRINITY VALLEYS GROUNDWATER
11512	11512	CONSERVATION DISTRICT
11513	11513	SUBCHAPTER A. GENERAL PROVISIONS
11514	11514	Sec. 8863.001. DEFINITIONS. In this chapter:
11515	11515	(1) "Board" means the district's board of directors.
11516	11516	(2) "Director" means a board member.
11517	11517	(3) "District" means the Neches and Trinity Valleys
11518	11518	Groundwater Conservation District. (Acts 77th Leg., R.S., Ch.
11519	11519	1387, Sec. 2; New.)
11520	11520	Sec. 8863.002. NATURE OF DISTRICT. The district is a
11521	11521	groundwater conservation district in Anderson, Cherokee, and
11522	11522	Henderson Counties created under and essential to accomplish the
11523	11523	purposes of Section 59, Article XVI, Texas Constitution. (Acts
11524	11524	77th Leg., R.S., Ch. 1387, Secs. 1(a) (part), (b).)
11525	11525	Sec. 8863.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
11526	11526	district is created to serve a public use and benefit.
11527	11527	(b) All land and other property included in the district
11528	11528	will benefit from the works and projects accomplished by the
11529	11529	district under the powers conferred by Section 59, Article XVI,
11530	11530	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1387, Sec. 4.)
11531	11531	Sec. 8863.004. DISTRICT TERRITORY. The district is
11532	11532	composed of the territory described by Section 3, Chapter 1387,
11533	11533	Acts of the 77th Legislature, Regular Session, 2001, as that
11534	11534	territory may have been modified under:
11535	11535	(1) Section 8863.005 or its predecessor statute,
11536	11536	former Section 10, Chapter 1387, Acts of the 77th Legislature,
11537	11537	Regular Session, 2001;
11538	11538	(2) Subchapter J or K, Chapter 36, Water Code; or
11539	11539	(3) other law. (New.)
11540	11540	Sec. 8863.005. ADDITION OF UNDERGROUND WATER CONSERVATION
11541	11541	DISTRICT OR ADJACENT COUNTY TO DISTRICT. (a) An adjacent county or
11542	11542	an underground water conservation district the boundaries of which
11543	11543	lie wholly within the boundaries of the district may petition to
11544	11544	join the district by resolution of the commissioners court of the
11545	11545	county or the board of directors of the underground water
11546	11546	conservation district.
11547	11547	(b) If, after a hearing on the resolution, the board finds
11548	11548	that the addition of the county or underground water conservation
11549	11549	district would benefit the district and the county or underground
11550	11550	water conservation district to be added, the board by resolution
11551	11551	may approve the addition of the county or underground water
11552	11552	conservation district to the district.
11553	11553	(c) The addition of a county or underground water
11554	11554	conservation district to the district under this section is not
11555	11555	final until ratified by a majority vote of the voters in the county
11556	11556	or within the boundaries of the underground water conservation
11557	11557	district to be added voting in an election held for that purpose.
11558	11558	(d) The ballot for the election shall be printed to provide
11559	11559	for voting for or against the proposition: "The inclusion of
11560	11560	_______ County in the Neches and Trinity Valleys Groundwater
11561	11561	Conservation District" or "The inclusion of ________ Underground
11562	11562	Water Conservation District in the Neches and Trinity Valleys
11563	11563	Groundwater Conservation District." (Acts 77th Leg., R.S., Ch.
11564	11564	1387, Secs. 10(a), (b), (c), (d).)
11565	11565	[Sections 8863.006-8863.050 reserved for expansion]
11566	11566	SUBCHAPTER B. BOARD OF DIRECTORS
11567	11567	Sec. 8863.051. COMPOSITION OF BOARD. The district is
11568	11568	governed by a board of directors appointed as provided by Section
11569	11569	8863.052. (Acts 77th Leg., R.S., Ch. 1387, Sec. 6(a).)
11570	11570	Sec. 8863.052. APPOINTMENT OF DIRECTORS. (a) The
11571	11571	commissioners court of each county in the district shall appoint:
11572	11572	(1) one director to represent the rural water and
11573	11573	utilities and small municipal water supply interests of the county;
11574	11574	and
11575	11575	(2) one director to represent the agriculture,
11576	11576	industry, or landowner groundwater supply interests of the county.
11577	11577	(b) The governing body of the most populous municipality in
11578	11578	each county in the district, acting jointly with the governing body
11579	11579	of the most populous municipality in each other county in the
11580	11580	district, shall appoint one director to represent those
11581	11581	municipalities. The governing bodies shall appoint residents of
11582	11582	the district on a rotating basis so that a resident of each county
11583	11583	is appointed every sixth year. (Acts 77th Leg., R.S., Ch. 1387,
11584	11584	Secs. 7(a), (b).)
11585	11585	Sec. 8863.053. TERMS. (a) Directors appointed under
11586	11586	Section 8863.052(a) serve staggered four-year terms, with the term
11587	11587	of one director appointed by the commissioners court of each county
11588	11588	expiring every two years. The director appointed jointly under
11589	11589	Section 8863.052(b) serves a two-year term.
11590	11590	(b) A director may serve consecutive terms.
11591	11591	(c) A director serves at the pleasure of the political
11592	11592	subdivision that appointed the director. (Acts 77th Leg., R.S.,
11593	11593	Ch. 1387, Secs. 6(b), (c) (part), (g).)
11594	11594	Sec. 8863.054. BOARD VACANCY. If there is a vacancy on the
11595	11595	board, the governing body of the entity that appointed the director
11596	11596	who vacated the office shall appoint a director to serve the
11597	11597	remainder of the term. (Acts 77th Leg., R.S., Ch. 1387, Sec. 6(h).)
11598	11598	Sec. 8863.055. COMPENSATION; EXPENSES. (a) A director is
11599	11599	not entitled to receive compensation for serving as a director.
11600	11600	(b) A director may be reimbursed for actual, reasonable
11601	11601	expenses incurred in discharging official duties. (Acts 77th Leg.,
11602	11602	R.S., Ch. 1387, Sec. 6(i).)
11603	11603	Sec. 8863.056. VOTE REQUIRED FOR BOARD ACTION. A majority
11604	11604	vote of a quorum of the board is required for board action. If there
11605	11605	is a tie vote, the proposed action fails. (Acts 77th Leg., R.S.,
11606	11606	Ch. 1387, Sec. 6(j).)
11607	11607	[Sections 8863.057-8863.100 reserved for expansion]
11608	11608	SUBCHAPTER C. POWERS AND DUTIES
11609	11609	Sec. 8863.101. GROUNDWATER CONSERVATION DISTRICT POWERS
11610	11610	AND DUTIES. Except as provided by this subchapter and Subchapter D,
11611	11611	the district has the rights, powers, privileges, functions, and
11612	11612	duties provided by the general law of this state, including Chapter
11613	11613	36, Water Code, applicable to groundwater conservation districts
11614	11614	created under Section 59, Article XVI, Texas Constitution. (Acts
11615	11615	77th Leg., R.S., Ch. 1387, Sec. 5(a) (part).)
11616	11616	Sec. 8863.102. WELLS EXEMPT FROM REGULATION. A well
11617	11617	meeting the criteria established under Section 36.117, Water Code,
11618	11618	including a well used for dewatering and monitoring in the
11619	11619	production of coal and lignite, is exempt from permit requirements,
11620	11620	regulations, and fees imposed by the district. (Acts 77th Leg.,
11621	11621	R.S., Ch. 1387, Sec. 5(e).)
11622	11622	Sec. 8863.103. TRANSFER OF GROUNDWATER OUT OF DISTRICT.
11623	11623	(a) In this section, "retail public utility" has the meaning
11624	11624	assigned by Section 13.002, Water Code.
11625	11625	(b) The district by rule may require a person to obtain a
11626	11626	permit from the district for the transfer of groundwater out of the
11627	11627	district consistent with Section 36.122, Water Code.
11628	11628	(c) The district may determine that a transfer of
11629	11629	groundwater produced within the district's boundaries for use
11630	11630	outside the district's boundaries will not be considered a transfer
11631	11631	outside the district if the transfer:
11632	11632	(1) is for use as a potable water supply by a retail
11633	11633	public utility and is within an authorized service area of which an
11634	11634	appropriate portion, as determined by the district, is located
11635	11635	inside the district's boundaries; or
11636	11636	(2) involves an emergency potable water interconnect
11637	11637	between retail public utilities. (Acts 77th Leg., R.S., Ch. 1387,
11638	11638	Sec. 5(b).)
11639	11639	Sec. 8863.104. NO EMINENT DOMAIN POWER. The district may
11640	11640	not exercise the power of eminent domain. (Acts 77th Leg., R.S.,
11641	11641	Ch. 1387, Sec. 5(f) (part).)
11642	11642	Sec. 8863.105. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS.
11643	11643	The district may not purchase groundwater rights unless the
11644	11644	purchased rights are acquired for conservation purposes and are
11645	11645	permanently held in trust not to be produced. (Acts 77th Leg.,
11646	11646	R.S., Ch. 1387, Sec. 5(f) (part).)
11647	11647	[Sections 8863.106-8863.150 reserved for expansion]
11648	11648	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11649	11649	Sec. 8863.151. AUTHORITY TO SET FEES; LIMITS. (a) The
11650	11650	board may set fees for administrative acts of the district, such as
11651	11651	filing applications. A fee may not unreasonably exceed the cost to
11652	11652	the district of performing the administrative function for which
11653	11653	the fee is charged.
11654	11654	(b) The board shall set and collect fees for all services
11655	11655	provided outside the boundaries of the district. The fees may not
11656	11656	unreasonably exceed the cost to the district of providing the
11657	11657	services outside the district.
11658	11658	(c) The board may assess production fees based on the amount
11659	11659	of water authorized by permit to be withdrawn from a well or the
11660	11660	amount actually withdrawn. The district may assess the fees in lieu
11661	11661	of, or in conjunction with, any taxes otherwise imposed by the
11662	11662	district. The district may use revenue generated by the fees for
11663	11663	any lawful purpose. Production fees may not exceed:
11664	11664	(1) $1 per acre-foot payable annually for water used
11665	11665	for agricultural use; or
11666	11666	(2) $10 per acre-foot payable annually for water used
11667	11667	for any other purpose.
11668	11668	(d) The board may assess a production fee under Subsection
11669	11669	(c) for any water that is:
11670	11670	(1) produced under an exemption under Section 36.117,
11671	11671	Water Code; and
11672	11672	(2) subsequently sold to another person.
11673	11673	(e) The district may not assess a fee of any type on a well
11674	11674	if the well's production is used only for domestic, agricultural,
11675	11675	or wildlife purposes within the district. (Acts 77th Leg., R.S.,
11676	11676	Ch. 1387, Secs. 5(d), (g).)
11677	11677	Sec. 8863.152. TAXES PROHIBITED. The district may not
11678	11678	impose taxes in the district. (Acts 77th Leg., R.S., Ch. 1387, Sec.
11679	11679	5(c).)
11680	11680	Sec. 8863.153. LIMIT ON ISSUANCE OF BONDS AND NOTES. The
11681	11681	district may not issue and sell bonds or notes in the name of the
11682	11682	district. (Acts 77th Leg., R.S., Ch. 1387, Sec. 5(f) (part).)
11683	11683	CHAPTER 8864. PECAN VALLEY GROUNDWATER CONSERVATION DISTRICT
11684	11684	SUBCHAPTER A. GENERAL PROVISIONS
11685	11685	Sec. 8864.001. DEFINITIONS
11686	11686	Sec. 8864.002. NATURE OF DISTRICT
11687	11687	Sec. 8864.003. FINDINGS OF PUBLIC USE AND BENEFIT
11688	11688	Sec. 8864.004. DISTRICT TERRITORY
11689	11689	[Sections 8864.005-8864.050 reserved for expansion]
11690	11690	SUBCHAPTER B. BOARD OF DIRECTORS
11691	11691	Sec. 8864.051. COMPOSITION OF BOARD; TERMS
11692	11692	Sec. 8864.052. ELECTION OF DIRECTORS
11693	11693	Sec. 8864.053. ELECTION DATE
11694	11694	Sec. 8864.054. QUALIFICATIONS FOR OFFICE
11695	11695	Sec. 8864.055. BOARD VACANCY
11696	11696	[Sections 8864.056-8864.100 reserved for expansion]
11697	11697	SUBCHAPTER C. POWERS AND DUTIES
11698	11698	Sec. 8864.101. GROUNDWATER CONSERVATION DISTRICT
11699	11699	POWERS AND DUTIES
11700	11700	[Sections 8864.102-8864.150 reserved for expansion]
11701	11701	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11702	11702	Sec. 8864.151. LIMITATION ON TAXES
11703	11703	CHAPTER 8864. PECAN VALLEY GROUNDWATER CONSERVATION DISTRICT
11704	11704	SUBCHAPTER A. GENERAL PROVISIONS
11705	11705	Sec. 8864.001. DEFINITIONS. In this chapter:
11706	11706	(1) "Board" means the district's board of directors.
11707	11707	(2) "Director" means a board member.
11708	11708	(3) "District" means the Pecan Valley Groundwater
11709	11709	Conservation District. (Acts 77th Leg., R.S., Ch. 1343, Sec. 2;
11710	11710	New.)
11711	11711	Sec. 8864.002. NATURE OF DISTRICT. The district is a
11712	11712	groundwater conservation district in DeWitt County created under
11713	11713	and essential to accomplish the purposes of Section 59, Article
11714	11714	XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1343, Secs.
11715	11715	1(a) (part), (b).)
11716	11716	Sec. 8864.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
11717	11717	district is created to serve a public use and benefit.
11718	11718	(b) All land and other property included in the district
11719	11719	will benefit from the works and projects accomplished by the
11720	11720	district under the powers conferred by Section 59, Article XVI,
11721	11721	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1343, Sec. 4.)
11722	11722	Sec. 8864.004. DISTRICT TERRITORY. The district's
11723	11723	boundaries are coextensive with the boundaries of DeWitt County
11724	11724	unless the district's territory has been modified under:
11725	11725	(1) Subchapter J or K, Chapter 36, Water Code; or
11726	11726	(2) other law. (Acts 77th Leg., R.S., Ch. 1343, Sec.
11727	11727	3; New.)
11728	11728	[Sections 8864.005-8864.050 reserved for expansion]
11729	11729	SUBCHAPTER B. BOARD OF DIRECTORS
11730	11730	Sec. 8864.051. COMPOSITION OF BOARD; TERMS. (a) The
11731	11731	district is governed by a board of five directors.
11732	11732	(b) Directors serve staggered four-year terms. (Acts 77th
11733	11733	Leg., R.S., Ch. 1343, Secs. 6(a), (c).)
11734	11734	Sec. 8864.052. ELECTION OF DIRECTORS. (a) Directors are
11735	11735	elected according to the commissioners precinct method as provided
11736	11736	by this section.
11737	11737	(b) One director is elected by the voters of the entire
11738	11738	district. One director is elected from each county commissioners
11739	11739	precinct by the voters of that precinct.
11740	11740	(c) A person shall indicate on the application for a place
11741	11741	on the ballot:
11742	11742	(1) the precinct that the person seeks to represent;
11743	11743	or
11744	11744	(2) that the person seeks to represent the district at
11745	11745	large.
11746	11746	(d) At the first election of the district after the county
11747	11747	commissioners precincts are redrawn under Section 18, Article V,
11748	11748	Texas Constitution, four new directors shall be elected to
11749	11749	represent the precincts. The directors shall draw lots to
11750	11750	determine which two directors serve four-year terms and which two
11751	11751	directors serve two-year terms. (Acts 77th Leg., R.S., Ch. 1343,
11752	11752	Secs. 8(a), (b), (d), (e).)
11753	11753	Sec. 8864.053. ELECTION DATE. Each odd-numbered year, on
11754	11754	the uniform election date in May or another date authorized by law,
11755	11755	the appropriate number of directors shall be elected. (Acts 77th
11756	11756	Leg., R.S., Ch. 1343, Sec. 11(c); New.)
11757	11757	Sec. 8864.054. QUALIFICATIONS FOR OFFICE. (a) To qualify
11758	11758	as a candidate for or serve as director at large, a person must be:
11759	11759	(1) at least 18 years of age;
11760	11760	(2) a resident of the district; and
11761	11761	(3) a registered voter in the district.
11762	11762	(b) To be a candidate for or serve as director from a county
11763	11763	commissioners precinct, a person must be:
11764	11764	(1) at least 18 years of age;
11765	11765	(2) a resident of that precinct; and
11766	11766	(3) a registered voter of that precinct. (Acts 77th
11767	11767	Leg., R.S., Ch. 1343, Sec. 8(c).)
11768	11768	Sec. 8864.055. BOARD VACANCY. (a) The board shall appoint a
11769	11769	replacement to fill a vacancy in the office of any director.
11770	11770	(b) The appointed replacement serves until the next
11771	11771	directors' election.
11772	11772	(c) If the position is not scheduled to be filled at the
11773	11773	election, the person elected to fill the position serves only for
11774	11774	the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch.
11775	11775	1343, Sec. 6(f).)
11776	11776	[Sections 8864.056-8864.100 reserved for expansion]
11777	11777	SUBCHAPTER C. POWERS AND DUTIES
11778	11778	Sec. 8864.101. GROUNDWATER CONSERVATION DISTRICT POWERS
11779	11779	AND DUTIES. The district has the rights, powers, privileges,
11780	11780	functions, and duties provided by the general law of this state,
11781	11781	including Chapter 36, Water Code, applicable to groundwater
11782	11782	conservation districts created under Section 59, Article XVI, Texas
11783	11783	Constitution. (Acts 77th Leg., R.S., Ch. 1343, Sec. 5(a) (part).)
11784	11784	[Sections 8864.102-8864.150 reserved for expansion]
11785	11785	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11786	11786	Sec. 8864.151. LIMITATION ON TAXES. The board may not
11787	11787	impose an ad valorem tax at a rate that exceeds five cents on each
11788	11788	$100 valuation of taxable property in the district. (Acts 77th
11789	11789	Leg., R.S., Ch. 1343, Sec. 12.)
11790	11790	CHAPTER 8865. POST OAK SAVANNAH GROUNDWATER
11791	11791	CONSERVATION DISTRICT
11792	11792	SUBCHAPTER A. GENERAL PROVISIONS
11793	11793	Sec. 8865.001. DEFINITIONS
11794	11794	Sec. 8865.002. NATURE OF DISTRICT
11795	11795	Sec. 8865.003. FINDINGS OF PUBLIC USE AND BENEFIT
11796	11796	Sec. 8865.004. DISTRICT TERRITORY
11797	11797	[Sections 8865.005-8865.050 reserved for expansion]
11798	11798	SUBCHAPTER B. BOARD OF DIRECTORS
11799	11799	Sec. 8865.051. COMPOSITION OF BOARD; TERMS
11800	11800	Sec. 8865.052. APPOINTMENT OF DIRECTORS
11801	11801	Sec. 8865.053. BOARD VACANCY
11802	11802	Sec. 8865.054. COMPENSATION; EXPENSES
11803	11803	Sec. 8865.055. QUORUM; VOTE REQUIRED FOR BOARD ACTION
11804	11804	[Sections 8865.056-8865.100 reserved for expansion]
11805	11805	SUBCHAPTER C. POWERS AND DUTIES
11806	11806	Sec. 8865.101. GROUNDWATER CONSERVATION DISTRICT
11807	11807	POWERS AND DUTIES
11808	11808	Sec. 8865.102. GROUNDWATER WELLS UNDER JURISDICTION OF
11809	11809	RAILROAD COMMISSION
11810	11810	Sec. 8865.103. LIMITATION ON POWER OF EMINENT DOMAIN
11811	11811	[Sections 8865.104-8865.150 reserved for expansion]
11812	11812	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11813	11813	Sec. 8865.151. FEES
11814	11814	Sec. 8865.152. LIMITATION ON AUTHORITY TO IMPOSE TAXES
11815	11815	CHAPTER 8865. POST OAK SAVANNAH GROUNDWATER
11816	11816	CONSERVATION DISTRICT
11817	11817	SUBCHAPTER A. GENERAL PROVISIONS
11818	11818	Sec. 8865.001. DEFINITIONS. In this chapter:
11819	11819	(1) "Board" means the district's board of directors.
11820	11820	(2) "Director" means a board member.
11821	11821	(3) "District" means the Post Oak Savannah Groundwater
11822	11822	Conservation District. (Acts 77th Leg., R.S., Ch. 966, Sec.
11823	11823	3.1402; Acts 77th Leg., R.S., Ch. 1307, Sec. 3.02; New.)
11824	11824	Sec. 8865.002. NATURE OF DISTRICT. The district is a
11825	11825	groundwater conservation district in Milam and Burleson Counties
11826	11826	created under and essential to accomplish the purposes of Section
11827	11827	59, Article XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch.
11828	11828	966, Secs. 3.1401(a) (part), (b); Acts 77th Leg., R.S., Ch. 1307,
11829	11829	Secs. 3.01(a) (part), (b).)
11830	11830	Sec. 8865.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
11831	11831	district is created to serve a public use and benefit.
11832	11832	(b) All land and other property included in the district
11833	11833	will benefit from the works and projects accomplished by the
11834	11834	district under the powers conferred by Section 59, Article XVI,
11835	11835	Texas Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1404;
11836	11836	Acts 77th Leg., R.S., Ch. 1307, Sec. 3.04.)
11837	11837	Sec. 8865.004. DISTRICT TERRITORY. The district's
11838	11838	boundaries are coextensive with the boundaries of Milam and
11839	11839	Burleson Counties unless the district's territory has been modified
11840	11840	under:
11841	11841	(1) Subchapter J or K, Chapter 36, Water Code; or
11842	11842	(2) other law. (Acts 77th Leg., R.S., Ch. 966, Sec.
11843	11843	3.1403; Acts 77th Leg., R.S., Ch. 1307, Sec. 3.03; New.)
11844	11844	[Sections 8865.005-8865.050 reserved for expansion]
11845	11845	SUBCHAPTER B. BOARD OF DIRECTORS
11846	11846	Sec. 8865.051. COMPOSITION OF BOARD; TERMS. (a) The
11847	11847	district is governed by a board of 10 directors.
11848	11848	(b) Directors serve staggered four-year terms.
11849	11849	(c) A director may serve consecutive terms. (Acts 77th Leg.,
11850	11850	R.S., Ch. 966, Secs. 3.1409(a), (c), (f); Acts 77th Leg., R.S., Ch.
11851	11851	1307, Secs. 3.10(a), (c), (f).)
11852	11852	Sec. 8865.052. APPOINTMENT OF DIRECTORS. (a) The Milam
11853	11853	County Commissioners Court shall appoint five directors, of whom:
11854	11854	(1) one must represent municipal interests in the
11855	11855	county;
11856	11856	(2) one must be a bona fide agricultural producer who
11857	11857	derives a substantial portion of the producer's income from
11858	11858	agriculture in the county;
11859	11859	(3) one must be a director or employee of a rural water
11860	11860	supply corporation in the county;
11861	11861	(4) one must represent active industrial interests in
11862	11862	the county; and
11863	11863	(5) one must represent the interests of the county at
11864	11864	large.
11865	11865	(b) The Burleson County Commissioners Court shall appoint
11866	11866	five directors, of whom:
11867	11867	(1) one must represent municipal interests in the
11868	11868	county;
11869	11869	(2) one must be a bona fide agricultural producer who
11870	11870	derives a substantial portion of the producer's income from
11871	11871	agriculture in the county;
11872	11872	(3) one must be a director or employee of a rural water
11873	11873	supply corporation in the county;
11874	11874	(4) one must represent active industrial interests in
11875	11875	the county; and
11876	11876	(5) one must represent the interests of the county at
11877	11877	large.
11878	11878	(c) On January 1 of each even-numbered year, the appropriate
11879	11879	commissioners court shall appoint the appropriate number of
11880	11880	directors. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1410(d) (part);
11881	11881	Acts 77th Leg., R.S., Ch. 1307, Secs. 3.11(a), (b), (d) (part).)
11882	11882	Sec. 8865.053. BOARD VACANCY. If there is a vacancy on the
11883	11883	board, the commissioners court that appointed the director who
11884	11884	vacated the office shall appoint a director to serve the remainder
11885	11885	of the term. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1409(g); Acts
11886	11886	77th Leg., R.S., Ch. 1307, Sec. 3.10(g).)
11887	11887	Sec. 8865.054. COMPENSATION; EXPENSES. (a) A director is
11888	11888	not entitled to receive compensation for serving as a director.
11889	11889	(b) A director may be reimbursed for actual, reasonable
11890	11890	expenses incurred in discharging official duties. (Acts 77th Leg.,
11891	11891	R.S., Ch. 966, Sec. 3.1409(h); Acts 77th Leg., R.S., Ch. 1307, Sec.
11892	11892	3.10(h).)
11893	11893	Sec. 8865.055. QUORUM; VOTE REQUIRED FOR BOARD ACTION. (a)
11894	11894	A quorum exists when at least two-thirds of the directors are
11895	11895	present.
11896	11896	(b) A majority vote of a quorum of the board is required for
11897	11897	board action. If there is a tie vote, the proposed action fails.
11898	11898	(Acts 77th Leg., R.S., Ch. 966, Sec. 3.1409(i); Acts 77th Leg.,
11899	11899	R.S., Ch. 1307, Sec. 3.10(i).)
11900	11900	[Sections 8865.056-8865.100 reserved for expansion]
11901	11901	SUBCHAPTER C. POWERS AND DUTIES
11902	11902	Sec. 8865.101. GROUNDWATER CONSERVATION DISTRICT POWERS
11903	11903	AND DUTIES. Except as otherwise provided by this chapter, the
11904	11904	district has the rights, powers, privileges, functions, and duties
11905	11905	provided by the general law of this state, including Chapter 36,
11906	11906	Water Code, applicable to groundwater conservation districts
11907	11907	created under Section 59, Article XVI, Texas Constitution. (Acts
11908	11908	77th Leg., R.S., Ch. 966, Sec. 3.1405(a) (part); Acts 77th Leg.,
11909	11909	R.S., Ch. 1307, Sec. 3.05(a) (part).)
11910	11910	Sec. 8865.102. GROUNDWATER WELLS UNDER JURISDICTION OF
11911	11911	RAILROAD COMMISSION. (a) In this section, "railroad commission"
11912	11912	means the Railroad Commission of Texas.
11913	11913	(b) A groundwater well drilled or operated in the district
11914	11914	under a permit issued by the railroad commission is under the
11915	11915	exclusive jurisdiction of the railroad commission and is exempt
11916	11916	from regulation by the district.
11917	11917	(c) Groundwater produced in an amount authorized by a
11918	11918	railroad commission permit may be used in or exported from the
11919	11919	district without a permit from the district.
11920	11920	(d) To the extent groundwater production exceeds railroad
11921	11921	commission authorization, the holder of the railroad commission
11922	11922	permit:
11923	11923	(1) must apply to the district for the appropriate
11924	11924	permit for the excess production; and
11925	11925	(2) is subject to the applicable regulatory fees.
11926	11926	(e) Groundwater produced from a well under the jurisdiction
11927	11927	of the railroad commission is generally exempt from water district
11928	11928	fees. However, the district may impose either a pumping fee or an
11929	11929	export fee on groundwater produced from an otherwise exempt mine
11930	11930	well that is used for municipal purposes or by a public utility. A
11931	11931	fee imposed by the district under this subsection may not exceed the
11932	11932	fee imposed on other groundwater producers in the district. (Acts
11933	11933	77th Leg., R.S., Ch. 966, Sec. 3.1407; Acts 77th Leg., R.S., Ch.
11934	11934	1307, Sec. 3.07; New.)
11935	11935	Sec. 8865.103. LIMITATION ON POWER OF EMINENT DOMAIN. The
11936	11936	district does not have the authority granted by Section 36.105,
11937	11937	Water Code, relating to eminent domain. (Acts 77th Leg., R.S., Ch.
11938	11938	966, Sec. 3.1405(b) (part); Acts 77th Leg., R.S., Ch. 1307, Sec.
11939	11939	3.05(b) (part).)
11940	11940	[Sections 8865.104-8865.150 reserved for expansion]
11941	11941	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11942	11942	Sec. 8865.151. FEES. (a) The board by rule may impose a
11943	11943	reasonable fee on each well that is not exempt from regulation by
11944	11944	the district and for which a permit is issued by the district. The
11945	11945	fee may be based on:
11946	11946	(1) the size of column pipe used by the well; or
11947	11947	(2) the actual, authorized, or anticipated amount of
11948	11948	water to be withdrawn from the well.
11949	11949	(b) Fees may not exceed:
11950	11950	(1) 25 cents per acre-foot for water used for
11951	11951	irrigating agricultural crops; or
11952	11952	(2) 17 cents per thousand gallons for water used for
11953	11953	any other purpose.
11954	11954	(c) In addition to the fee authorized under Subsection (a),
11955	11955	the district may impose a reasonable fee or surcharge for an export
11956	11956	fee using one of the following methods:
11957	11957	(1) a fee negotiated between the district and the
11958	11958	transporter; or
11959	11959	(2) a combined production and export fee not to exceed
11960	11960	17 cents per thousand gallons of water used.
11961	11961	(d) Fees authorized by this section may be:
11962	11962	(1) assessed annually; and
11963	11963	(2) used to pay the cost of operating the district.
11964	11964	(Acts 77th Leg., R.S., Ch. 966, Secs. 3.1406(a), (c); Acts 77th
11965	11965	Leg., R.S., Ch. 1307, Sec. 3.06.)
11966	11966	Sec. 8865.152. LIMITATION ON AUTHORITY TO IMPOSE TAXES.
11967	11967	The district does not have the authority granted by Sections 36.020
11968	11968	and 36.201-36.204, Water Code, relating to taxes. (Acts 77th Leg.,
11969	11969	R.S., Ch. 966, Sec. 3.1405(b) (part); Acts 77th Leg., R.S., Ch.
11970	11970	1307, Sec. 3.05(b) (part).)
11971	11971	CHAPTER 8866. MID-EAST TEXAS GROUNDWATER CONSERVATION DISTRICT
11972	11972	SUBCHAPTER A. GENERAL PROVISIONS
11973	11973	Sec. 8866.001. DEFINITIONS
11974	11974	Sec. 8866.002. NATURE OF DISTRICT
11975	11975	Sec. 8866.003. FINDINGS OF PUBLIC USE AND BENEFIT
11976	11976	Sec. 8866.004. DISTRICT TERRITORY
11977	11977	[Sections 8866.005-8866.050 reserved for expansion]
11978	11978	SUBCHAPTER B. BOARD OF DIRECTORS
11979	11979	Sec. 8866.051. COMPOSITION OF BOARD; TERMS
11980	11980	Sec. 8866.052. APPOINTMENT OF DIRECTORS
11981	11981	Sec. 8866.053. BOARD VACANCY
11982	11982	Sec. 8866.054. COMPENSATION; EXPENSES
11983	11983	Sec. 8866.055. VOTE REQUIRED FOR BOARD ACTION
11984	11984	[Sections 8866.056-8866.100 reserved for expansion]
11985	11985	SUBCHAPTER C. POWERS AND DUTIES
11986	11986	Sec. 8866.101. GROUNDWATER CONSERVATION DISTRICT
11987	11987	POWERS AND DUTIES
11988	11988	Sec. 8866.102. GROUNDWATER WELLS UNDER JURISDICTION OF
11989	11989	RAILROAD COMMISSION
11990	11990	Sec. 8866.103. LIMITATION ON POWER OF EMINENT DOMAIN
11991	11991	[Sections 8866.104-8866.150 reserved for expansion]
11992	11992	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
11993	11993	Sec. 8866.151. FEES
11994	11994	Sec. 8866.152. LIMITATION ON AUTHORITY TO IMPOSE TAXES
11995	11995	CHAPTER 8866. MID-EAST TEXAS GROUNDWATER CONSERVATION DISTRICT
11996	11996	SUBCHAPTER A. GENERAL PROVISIONS
11997	11997	Sec. 8866.001. DEFINITIONS. In this chapter:
11998	11998	(1) "Board" means the district's board of directors.
11999	11999	(2) "Director" means a board member.
12000	12000	(3) "District" means the Mid-East Texas Groundwater
12001	12001	Conservation District. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1502;
12002	12002	Acts 77th Leg., R.S., Ch. 1307, Sec. 4.02; New.)
12003	12003	Sec. 8866.002. NATURE OF DISTRICT. The district is a
12004	12004	groundwater conservation district in Leon, Madison, and Freestone
12005	12005	Counties created under and essential to accomplish the purposes of
12006	12006	Section 59, Article XVI, Texas Constitution. (Acts 77th Leg., R.S.,
12007	12007	Ch. 966, Secs. 3.1501(a) (part), (b); Acts 77th Leg., R.S., Ch.
12008	12008	1307, Secs. 4.01(a) (part), (b).)
12009	12009	Sec. 8866.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
12010	12010	district is created to serve a public use and benefit.
12011	12011	(b) All land and other property included in the district
12012	12012	will benefit from the works and projects accomplished by the
12013	12013	district under the powers conferred by Section 59, Article XVI,
12014	12014	Texas Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1504;
12015	12015	Acts 77th Leg., R.S., Ch. 1307, Sec. 4.04.)
12016	12016	Sec. 8866.004. DISTRICT TERRITORY. The district's
12017	12017	boundaries are coextensive with the boundaries of Leon, Madison,
12018	12018	and Freestone Counties unless the district's territory has been
12019	12019	modified under:
12020	12020	(1) Subchapter J or K, Chapter 36, Water Code; or
12021	12021	(2) other law. (Acts 77th Leg., R.S., Ch. 966, Sec.
12022	12022	3.1503; Acts 77th Leg., R.S., Ch. 1307, Sec. 4.03; New.)
12023	12023	[Sections 8866.005-8866.050 reserved for expansion]
12024	12024	SUBCHAPTER B. BOARD OF DIRECTORS
12025	12025	Sec. 8866.051. COMPOSITION OF BOARD; TERMS. (a) The
12026	12026	district is governed by a board of nine directors.
12027	12027	(b) Directors serve staggered four-year terms.
12028	12028	(c) A director may serve consecutive terms. (Acts 77th
12029	12029	Leg., R.S., Ch. 966, Secs. 3.1509(a), (c), (f); Acts 77th Leg.,
12030	12030	R.S., Ch. 1307, Secs. 4.10(a), (c), (f).)
12031	12031	Sec. 8866.052. APPOINTMENT OF DIRECTORS. (a) The Leon
12032	12032	County Commissioners Court shall appoint three directors, of whom:
12033	12033	(1) one must represent the interests of municipalities
12034	12034	in the county, or must be a director or employee of a rural water
12035	12035	supply corporation in the county, or both;
12036	12036	(2) one must be a bona fide agricultural producer who
12037	12037	derives a substantial portion of the producer's income from
12038	12038	agriculture in the county; and
12039	12039	(3) one must represent active industrial interests in
12040	12040	the county.
12041	12041	(b) The Madison County Commissioners Court shall appoint
12042	12042	three directors, of whom:
12043	12043	(1) one must represent the interests of municipalities
12044	12044	in the county, or must be a director or employee of a rural water
12045	12045	supply corporation in the county, or both;
12046	12046	(2) one must be a bona fide agricultural producer who
12047	12047	derives a substantial portion of the producer's income from
12048	12048	agriculture in the county; and
12049	12049	(3) one must represent active industrial interests in
12050	12050	the county.
12051	12051	(c) The Freestone County Commissioners Court shall appoint
12052	12052	three directors, of whom:
12053	12053	(1) one must represent the interests of municipalities
12054	12054	in the county, or must be a director or employee of a rural water
12055	12055	supply corporation in the county, or both;
12056	12056	(2) one must be a bona fide agricultural producer who
12057	12057	derives a substantial portion of the producer's income from
12058	12058	agriculture in the county; and
12059	12059	(3) one must represent active industrial interests in
12060	12060	the county.
12061	12061	(d) On January 1 of each even-numbered year, the appropriate
12062	12062	commissioners courts shall appoint the appropriate number of
12063	12063	directors. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1510(e) (part);
12064	12064	Acts 77th Leg., R.S., Ch. 1307, Secs. 4.11(a), (b), (c), (e)
12065	12065	(part).)
12066	12066	Sec. 8866.053. BOARD VACANCY. If there is a vacancy on the
12067	12067	board, the commissioners court that appointed the director who
12068	12068	vacated the office shall appoint a director to serve the remainder
12069	12069	of the term. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1509(g); Acts
12070	12070	77th Leg., R.S., Ch. 1307, Sec. 4.10(g).)
12071	12071	Sec. 8866.054. COMPENSATION; EXPENSES. (a) A director is
12072	12072	not entitled to receive compensation for serving as a director.
12073	12073	(b) A director may be reimbursed for actual, reasonable
12074	12074	expenses incurred in discharging official duties. (Acts 77th Leg.,
12075	12075	R.S., Ch. 966, Sec. 3.1509(h); Acts 77th Leg., R.S., Ch. 1307, Sec.
12076	12076	4.10(h).)
12077	12077	Sec. 8866.055. VOTE REQUIRED FOR BOARD ACTION. A majority
12078	12078	vote of a quorum of the board is required for board action. If there
12079	12079	is a tie vote, the proposed action fails. (Acts 77th Leg., R.S., Ch.
12080	12080	966, Sec. 3.1509(i); Acts 77th Leg., R.S., Ch. 1307, Sec. 4.10(i).)
12081	12081	[Sections 8866.056-8866.100 reserved for expansion]
12082	12082	SUBCHAPTER C. POWERS AND DUTIES
12083	12083	Sec. 8866.101. GROUNDWATER CONSERVATION DISTRICT POWERS
12084	12084	AND DUTIES. Except as otherwise provided by this chapter, the
12085	12085	district has the rights, powers, privileges, functions, and duties
12086	12086	provided by the general law of this state, including Chapter 36,
12087	12087	Water Code, applicable to groundwater conservation districts
12088	12088	created under Section 59, Article XVI, Texas Constitution. (Acts
12089	12089	77th Leg., R.S., Ch. 966, Sec. 3.1505(a) (part); Acts 77th Leg.,
12090	12090	R.S., Ch. 1307, Sec. 4.05(a) (part).)
12091	12091	Sec. 8866.102. GROUNDWATER WELLS UNDER JURISDICTION OF
12092	12092	RAILROAD COMMISSION. (a) In this section, "railroad commission"
12093	12093	means the Railroad Commission of Texas.
12094	12094	(b) A groundwater well drilled or operated in the district
12095	12095	under a permit issued by the railroad commission is under the
12096	12096	exclusive jurisdiction of the railroad commission and is exempt
12097	12097	from regulation by the district.
12098	12098	(c) Groundwater produced in an amount authorized by a
12099	12099	railroad commission permit may be used in or exported from the
12100	12100	district without a permit from the district.
12101	12101	(d) To the extent groundwater production exceeds railroad
12102	12102	commission authorization, the holder of the railroad commission
12103	12103	permit:
12104	12104	(1) must apply to the district for the appropriate
12105	12105	permit for the excess production; and
12106	12106	(2) is subject to the applicable regulatory fees.
12107	12107	(e) Groundwater produced from a well under the jurisdiction
12108	12108	of the railroad commission is generally exempt from water district
12109	12109	fees. However, the district may impose either a pumping fee or an
12110	12110	export fee on groundwater produced from an otherwise exempt mine
12111	12111	well that is used for municipal purposes or by a public utility. A
12112	12112	fee imposed by the district under this subsection may not exceed the
12113	12113	fee imposed on other groundwater producers in the district. (Acts
12114	12114	77th Leg., R.S., Ch. 966, Sec. 3.1507; Acts 77th Leg., R.S., Ch.
12115	12115	1307, Sec. 4.07; New.)
12116	12116	Sec. 8866.103. LIMITATION ON POWER OF EMINENT DOMAIN. The
12117	12117	district does not have the authority granted by Section 36.105,
12118	12118	Water Code, relating to eminent domain. (Acts 77th Leg., R.S., Ch.
12119	12119	966, Sec. 3.1505(b) (part); Acts 77th Leg., R.S., Ch. 1307, Sec.
12120	12120	4.05(b) (part).)
12121	12121	[Sections 8866.104-8866.150 reserved for expansion]
12122	12122	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
12123	12123	Sec. 8866.151. FEES. (a) The board by rule may impose a
12124	12124	reasonable fee on each well that is not exempt from regulation by
12125	12125	the district and for which a permit is issued by the district. The
12126	12126	fee may be based on:
12127	12127	(1) the size of column pipe used by the well; or
12128	12128	(2) the actual, authorized, or anticipated amount of
12129	12129	water to be withdrawn from the well.
12130	12130	(b) Fees may not exceed:
12131	12131	(1) 25 cents per acre-foot for water used for
12132	12132	irrigating agricultural crops; or
12133	12133	(2) 17 cents per thousand gallons for water used for
12134	12134	any other purpose.
12135	12135	(c) In addition to the fee authorized under Subsection (a),
12136	12136	the district may impose a reasonable fee or surcharge for an export
12137	12137	fee using one of the following methods:
12138	12138	(1) a fee negotiated between the district and the
12139	12139	transporter; or
12140	12140	(2) a combined production and export fee not to exceed
12141	12141	17 cents per thousand gallons of water used.
12142	12142	(d) Fees authorized by this section may be:
12143	12143	(1) assessed annually; and
12144	12144	(2) used to pay the cost of operating the district.
12145	12145	(Acts 77th Leg., R.S., Ch. 966, Secs. 3.1506(a), (c); Acts 77th
12146	12146	Leg., R.S., Ch. 1307, Sec. 4.06.)
12147	12147	Sec. 8866.152. LIMITATION ON AUTHORITY TO IMPOSE TAXES.
12148	12148	The district does not have the authority granted by Sections 36.020
12149	12149	and 36.201-36.204, Water Code, relating to taxes. (Acts 77th Leg.,
12150	12150	R.S., Ch. 966, Sec. 3.1505(b) (part); Acts 77th Leg., R.S., Ch.
12151	12151	1307, Sec. 4.05(b) (part).)
12152	12152	CHAPTER 8867. ROLLING PLAINS GROUNDWATER CONSERVATION DISTRICT
12153	12153	SUBCHAPTER A. GENERAL PROVISIONS
12154	12154	Sec. 8867.001. DEFINITIONS
12155	12155	Sec. 8867.002. NATURE OF DISTRICT
12156	12156	Sec. 8867.003. FINDINGS OF PUBLIC USE AND BENEFIT
12157	12157	Sec. 8867.004. DISTRICT TERRITORY
12158	12158	[Sections 8867.005-8867.050 reserved for expansion]
12159	12159	SUBCHAPTER B. BOARD OF DIRECTORS
12160	12160	Sec. 8867.051. COMPOSITION OF BOARD; TERMS
12161	12161	Sec. 8867.052. APPOINTMENT OF DIRECTORS IN GENERAL
12162	12162	Sec. 8867.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL
12163	12163	COUNTIES
12164	12164	Sec. 8867.054. ELIGIBILITY
12165	12165	Sec. 8867.055. BOARD VACANCY
12166	12166	Sec. 8867.056. COMPENSATION
12167	12167	Sec. 8867.057. PRESIDENT
12168	12168	[Sections 8867.058-8867.100 reserved for expansion]
12169	12169	SUBCHAPTER C. POWERS AND DUTIES
12170	12170	Sec. 8867.101. GROUNDWATER CONSERVATION DISTRICT
12171	12171	POWERS AND DUTIES
12172	12172	Sec. 8867.102. LIMITATION ON RULEMAKING POWER NOT
12173	12173	APPLICABLE
12174	12174	Sec. 8867.103. FEES
12175	12175	CHAPTER 8867. ROLLING PLAINS GROUNDWATER CONSERVATION DISTRICT
12176	12176	SUBCHAPTER A. GENERAL PROVISIONS
12177	12177	Sec. 8867.001. DEFINITIONS. In this chapter:
12178	12178	(1) "Board" means the district's board of directors.
12179	12179	(2) "Director" means a board member.
12180	12180	(3) "District" means the Rolling Plains Groundwater
12181	12181	Conservation District. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 2;
12182	12182	New.)
12183	12183	Sec. 8867.002. NATURE OF DISTRICT. The district is created
12184	12184	under and essential to accomplish the purposes of Section 59,
12185	12185	Article XVI, Texas Constitution. (Acts 73rd Leg., R.S., Ch. 1028,
12186	12186	Sec. 1(b).)
12187	12187	Sec. 8867.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
12188	12188	district is created to serve a public use and benefit.
12189	12189	(b) All land and other property included in the district
12190	12190	will benefit from the works and projects accomplished by the
12191	12191	district under the powers conferred by Section 59, Article XVI,
12192	12192	Texas Constitution. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 4.)
12193	12193	Sec. 8867.004. DISTRICT TERRITORY. The district's
12194	12194	boundaries are coextensive with the boundaries of Haskell County,
12195	12195	Knox County, and Baylor County, unless the district's territory has
12196	12196	been modified under:
12197	12197	(1) Subchapter J or K, Chapter 36, Water Code; or
12198	12198	(2) other law. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 3;
12199	12199	New.)
12200	12200	[Sections 8867.005-8867.050 reserved for expansion]
12201	12201	SUBCHAPTER B. BOARD OF DIRECTORS
12202	12202	Sec. 8867.051. COMPOSITION OF BOARD; TERMS. (a) The
12203	12203	district is governed by a board of not fewer than 5 or more than 16
12204	12204	directors.
12205	12205	(b) Directors serve staggered four-year terms. (Acts 73rd
12206	12206	Leg., R.S., Ch. 1028, Secs. 6(a), 8(c).)
12207	12207	Sec. 8867.052. APPOINTMENT OF DIRECTORS IN GENERAL. The
12208	12208	commissioners court of each county in the district shall appoint an
12209	12209	equal number of directors. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 7.)
12210	12210	Sec. 8867.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL
12211	12211	COUNTIES. (a) When a county is added to the district, the board
12212	12212	shall change the number of directors so that an equal number of
12213	12213	directors are appointed by the commissioners court of each county
12214	12214	in the district. The terms of the directors then serving expire on
12215	12215	a date set by the board, not later than the 90th day after the date
12216	12216	the county is added to the district, and the directors continue to
12217	12217	serve only until the new directors have been appointed.
12218	12218	(b) The board shall send to the commissioners court of each
12219	12219	county in the district notice of the number of directors the county
12220	12220	may appoint.
12221	12221	(c) After receiving the notice from the board, the
12222	12222	commissioners courts of all the counties in the district shall
12223	12223	confer to determine the number of new directors from each county who
12224	12224	will serve four-year terms and the number of new directors from each
12225	12225	county who will serve two-year terms. The commissioners courts
12226	12226	shall provide that, as nearly as possible, half of the new
12227	12227	directors, in total and from each county, serve four-year terms and
12228	12228	the remaining new directors serve two-year terms.
12229	12229	(d) The commissioners court of each county shall appoint new
12230	12230	directors before the date set by the board in Subsection (a). A
12231	12231	commissioners court may reappoint a current director.
12232	12232	(e) The new directors from each county shall draw lots to
12233	12233	determine which directors serve four-year terms and which directors
12234	12234	serve two-year terms in accordance with Subsection (c). (Acts 73rd
12235	12235	Leg., R.S., Ch. 1028, Sec. 7A.)
12236	12236	Sec. 8867.054. ELIGIBILITY. To be eligible to serve as
12237	12237	director, a person must be:
12238	12238	(1) at least 21 years of age; and
12239	12239	(2) a registered voter in the county from which the
12240	12240	person is appointed. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 6(c).)
12241	12241	Sec. 8867.055. BOARD VACANCY. If a vacancy occurs in the
12242	12242	office of director, the commissioners court of the county from
12243	12243	which the person vacating the position was appointed shall appoint
12244	12244	a director for the unexpired term. (Acts 73rd Leg., R.S., Ch. 1028,
12245	12245	Sec. 6(b).)
12246	12246	Sec. 8867.056. COMPENSATION. (a) A director is not
12247	12247	entitled to receive fees of office under Section 36.060, Water
12248	12248	Code, if the director holds another office that is a civil office of
12249	12249	emolument for purposes of Section 40, Article XVI, Texas
12250	12250	Constitution.
12251	12251	(b) Except as provided by this section, a director may
12252	12252	receive reimbursement of actual expenses as provided by Section
12253	12253	36.060(b), Water Code.
12254	12254	(c) The board by rule, bylaw, or resolution may limit the
12255	12255	amount of fees of office or the amount of reimbursement for actual
12256	12256	expenses a director is entitled to receive.
12257	12257	(d) This section prevails over any provision of general or
12258	12258	special law that is in conflict or inconsistent with this section,
12259	12259	including Section 36.060(d), Water Code. (Acts 73rd Leg., R.S., Ch.
12260	12260	1028, Sec. 6(d).)
12261	12261	Sec. 8867.057. PRESIDENT. (a) The board shall elect a
12262	12262	president from among the directors every other year following the
12263	12263	appointment of directors under Section 8867.052.
12264	12264	(b) The president may vote and may cast an additional vote
12265	12265	to break a tie. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 9.)
12266	12266	[Sections 8867.058-8867.100 reserved for expansion]
12267	12267	SUBCHAPTER C. POWERS AND DUTIES
12268	12268	Sec. 8867.101. GROUNDWATER CONSERVATION DISTRICT POWERS
12269	12269	AND DUTIES. Except as provided by Sections 8867.102 and
12270	12270	8867.103(b), the district has the rights, powers, privileges,
12271	12271	functions, and duties provided by the general law of this state,
12272	12272	including Chapter 36, Water Code, applicable to groundwater
12273	12273	conservation districts created under Section 59, Article XVI, Texas
12274	12274	Constitution. (Acts 73rd Leg., R.S., Ch. 1028, Secs. 5(a) (part),
12275	12275	(b) (part), (c) (part).)
12276	12276	Sec. 8867.102. LIMITATION ON RULEMAKING POWER NOT
12277	12277	APPLICABLE. Section 36.121, Water Code, does not apply to the
12278	12278	district. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 5(b) (part).)
12279	12279	Sec. 8867.103. FEES. (a) The district may assess fees
12280	12280	under Section 36.122(e) or 36.205(c), Water Code, in an annual
12281	12281	amount not to exceed:
12282	12282	(1) $1 per acre-foot of water used for agricultural
12283	12283	use; or
12284	12284	(2) 17 cents per thousand gallons of water used for any
12285	12285	other purpose.
12286	12286	(b) Section 36.205(e), Water Code, does not apply to the
12287	12287	district. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 5(c) (part).)
12288	12288	CHAPTER 8868. SOUTHEAST TEXAS GROUNDWATER CONSERVATION DISTRICT
12289	12289	SUBCHAPTER A. GENERAL PROVISIONS
12290	12290	Sec. 8868.001. DEFINITIONS
12291	12291	Sec. 8868.002. NATURE OF DISTRICT
12292	12292	Sec. 8868.003. FINDINGS OF PUBLIC USE AND BENEFIT
12293	12293	Sec. 8868.004. DISTRICT TERRITORY
12294	12294	Sec. 8868.005. ADDITION OF ADJACENT COUNTY TO DISTRICT
12295	12295	Sec. 8868.006. LANDOWNERS' RIGHTS
12296	12296	[Sections 8868.007-8868.050 reserved for expansion]
12297	12297	SUBCHAPTER B. BOARD OF DIRECTORS
12298	12298	Sec. 8868.051. COMPOSITION OF BOARD; TERMS
12299	12299	Sec. 8868.052. APPOINTMENT OF DIRECTORS BY INITIAL
12300	12300	COUNTIES
12301	12301	Sec. 8868.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL
12302	12302	COUNTIES
12303	12303	Sec. 8868.054. QUALIFICATIONS; GROUNDWATER PRODUCERS
12304	12304	Sec. 8868.055. BOARD VACANCY
12305	12305	Sec. 8868.056. COMPENSATION; EXPENSES
12306	12306	Sec. 8868.057. VOTE REQUIRED FOR BOARD ACTION
12307	12307	[Sections 8868.058-8868.100 reserved for expansion]
12308	12308	SUBCHAPTER C. POWERS AND DUTIES
12309	12309	Sec. 8868.101. GROUNDWATER CONSERVATION DISTRICT
12310	12310	POWERS AND DUTIES
12311	12311	Sec. 8868.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT
12312	12312	Sec. 8868.103. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS
12313	12313	FOR CONSERVATION PURPOSES
12314	12314	Sec. 8868.104. WELLS EXEMPT FROM REGULATION
12315	12315	Sec. 8868.105. NO EMINENT DOMAIN POWER
12316	12316	[Sections 8868.106-8868.150 reserved for expansion]
12317	12317	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
12318	12318	Sec. 8868.151. TAXES PROHIBITED
12319	12319	Sec. 8868.152. TAX BONDS PROHIBITED
12320	12320	Sec. 8868.153. PERMIT FEES
12321	12321	CHAPTER 8868. SOUTHEAST TEXAS GROUNDWATER CONSERVATION DISTRICT
12322	12322	SUBCHAPTER A. GENERAL PROVISIONS
12323	12323	Sec. 8868.001. DEFINITIONS. In this chapter:
12324	12324	(1) "Board" means the district's board of directors.
12325	12325	(2) "Director" means a board member.
12326	12326	(3) "District" means the Southeast Texas Groundwater
12327	12327	Conservation District. (Acts 78th Leg., R.S., Ch. 384, Sec. 1;
12328	12328	New.)
12329	12329	Sec. 8868.002. NATURE OF DISTRICT. (a) The district is a
12330	12330	groundwater conservation district created under and essential to
12331	12331	accomplish the purposes of Section 59, Article XVI, Texas
12332	12332	Constitution.
12333	12333	(b) The district is a political subdivision of this state.
12334	12334	(Acts 78th Leg., R.S., Ch. 384, Secs. 2, 3.)
12335	12335	Sec. 8868.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
12336	12336	district is created to serve a public use and benefit.
12337	12337	(b) All land and other property included in the district
12338	12338	will benefit from the works and projects accomplished by the
12339	12339	district under the powers conferred by Section 59, Article XVI,
12340	12340	Texas Constitution. (Acts 78th Leg., R.S., Ch. 384, Sec. 4.)
12341	12341	Sec. 8868.004. DISTRICT TERRITORY. The district's
12342	12342	boundaries are coextensive with the boundaries of Jasper, Newton,
12343	12343	Hardin, and Tyler Counties, Texas, unless the district's territory
12344	12344	has been modified under:
12345	12345	(1) Section 8868.005;
12346	12346	(2) Subchapter J or K, Chapter 36, Water Code; or
12347	12347	(3) other law. (Acts 78th Leg., R.S., Ch. 384, Sec. 5;
12348	12348	New.)
12349	12349	Sec. 8868.005. ADDITION OF ADJACENT COUNTY TO DISTRICT.
12350	12350	(a) An adjacent county may petition to join the district by
12351	12351	resolution of the commissioners court of the county.
12352	12352	(b) If, after a hearing on the resolution, the board finds
12353	12353	that the addition of the county would benefit the district and the
12354	12354	county to be added, the board by resolution may approve the addition
12355	12355	of the county to the district.
12356	12356	(c) The addition of a county to the district under this
12357	12357	section is not final until ratified by a majority vote of the voters
12358	12358	in the county to be added voting in an election held for that
12359	12359	purpose.
12360	12360	(d) The ballot for the election shall be printed to provide
12361	12361	for voting for or against the proposition: "The inclusion of
12362	12362	(name of county) County in the Southeast Texas
12363	12363	Groundwater Conservation District." (Acts 78th Leg., R.S., Ch. 384,
12364	12364	Secs. 14(a), (b), (c), (d).)
12365	12365	Sec. 8868.006. LANDOWNERS' RIGHTS. The rights of landowners
12366	12366	and their lessees and assigns in groundwater in the district are
12367	12367	recognized. Nothing in this chapter may be construed to deprive or
12368	12368	divest the landowners or their lessees and assigns of their rights,
12369	12369	subject to district rules. (Acts 78th Leg., R.S., Ch. 384, Sec. 12.)
12370	12370	[Sections 8868.007-8868.050 reserved for expansion]
12371	12371	SUBCHAPTER B. BOARD OF DIRECTORS
12372	12372	Sec. 8868.051. COMPOSITION OF BOARD; TERMS. (a) The
12373	12373	district is governed by a board of directors appointed under
12374	12374	Sections 8868.052 and 8868.053.
12375	12375	(b) Directors serve three-year terms.
12376	12376	(c) A director may serve consecutive terms. (Acts 78th Leg.,
12377	12377	R.S., Ch. 384, Secs. 9(a) (part), (b) (part), (e).)
12378	12378	Sec. 8868.052. APPOINTMENT OF DIRECTORS BY INITIAL
12379	12379	COUNTIES. (a) The Jasper County Commissioners Court shall appoint
12380	12380	two directors. One director shall represent rural water utilities
12381	12381	and small municipal water supply interests. The other director
12382	12382	shall represent the large industrial groundwater supply interests
12383	12383	of the county and large municipal utilities.
12384	12384	(b) The Newton County Commissioners Court shall appoint two
12385	12385	directors. One director shall represent rural water utilities and
12386	12386	small municipal water supply interests. The other director shall
12387	12387	represent the forestry or agricultural groundwater supply
12388	12388	interests of the county.
12389	12389	(c) The Jasper County Commissioners Court and the Newton
12390	12390	County Commissioners Court shall jointly appoint one director to
12391	12391	represent the forestry, agricultural, or landowner groundwater
12392	12392	supply interests of both counties. The jointly appointed director
12393	12393	shall serve as the board's presiding officer.
12394	12394	(d) The Newton City Council shall appoint one director.
12395	12395	(e) The Jasper City Council shall appoint one director.
12396	12396	(Acts 78th Leg., R.S., Ch. 384, Secs. 10(a), (b), (c), (d), (e).)
12397	12397	Sec. 8868.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL
12398	12398	COUNTIES. When a county is added to the district, the board may
12399	12399	change the number of directors so that an equal number of directors
12400	12400	are appointed from each county and one director is appointed
12401	12401	jointly by the counties. (Acts 78th Leg., R.S., Ch. 384, Sec. 9(a)
12402	12402	(part).)
12403	12403	Sec. 8868.054. QUALIFICATIONS; GROUNDWATER PRODUCERS. A
12404	12404	director is not disqualified from serving because the director is
12405	12405	an employee, manager, director, or officer of a groundwater
12406	12406	producer that is or may be regulated by the district. (Acts 78th
12407	12407	Leg., R.S., Ch. 384, Sec. 10(f).)
12408	12408	Sec. 8868.055. BOARD VACANCY. (a) If there is a vacancy on
12409	12409	the board, the governing body of the entity that appointed the
12410	12410	director who vacated the office shall appoint a director to serve
12411	12411	the remainder of the term.
12412	12412	(b) The board shall adopt rules or bylaws to establish when
12413	12413	a vacancy has occurred. (Acts 78th Leg., R.S., Ch. 384, Sec. 9(f).)
12414	12414	Sec. 8868.056. COMPENSATION; EXPENSES. (a) A director is
12415	12415	not entitled to receive compensation for serving as a director.
12416	12416	(b) A director may be reimbursed for actual, reasonable
12417	12417	expenses incurred in discharging official duties. (Acts 78th Leg.,
12418	12418	R.S., Ch. 384, Sec. 9(g).)
12419	12419	Sec. 8868.057. VOTE REQUIRED FOR BOARD ACTION. A majority
12420	12420	vote of a quorum of the board is required for board action. If there
12421	12421	is a tie vote, the proposed action fails. (Acts 78th Leg., R.S., Ch.
12422	12422	384, Sec. 9(h).)
12423	12423	[Sections 8868.058-8868.100 reserved for expansion]
12424	12424	SUBCHAPTER C. POWERS AND DUTIES
12425	12425	Sec. 8868.101. GROUNDWATER CONSERVATION DISTRICT POWERS
12426	12426	AND DUTIES. Except as provided by this chapter, the district has
12427	12427	the rights, powers, privileges, functions, and duties provided by
12428	12428	the general law of this state, including Chapter 36, Water Code,
12429	12429	applicable to groundwater conservation districts created under
12430	12430	Section 59, Article XVI, Texas Constitution. (Acts 78th Leg., R.S.,
12431	12431	Ch. 384, Sec. 6.)
12432	12432	Sec. 8868.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT.
12433	12433	The district by rule may require a person to obtain a permit from
12434	12434	the district for the transfer of groundwater out of the district
12435	12435	consistent with Section 36.122, Water Code, and may regulate the
12436	12436	terms on which a permit holder under those rules may conduct the
12437	12437	transfer. (Acts 78th Leg., R.S., Ch. 384, Sec. 7(a).)
12438	12438	Sec. 8868.103. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS FOR
12439	12439	CONSERVATION PURPOSES. The district may not purchase groundwater
12440	12440	rights unless the purchased rights are acquired for conservation
12441	12441	purposes and are permanently held in trust not to be produced. (Acts
12442	12442	78th Leg., R.S., Ch. 384, Sec. 7(g) (part).)
12443	12443	Sec. 8868.104. WELLS EXEMPT FROM REGULATION. (a) The
12444	12444	district may not require a permit for a well incapable of producing
12445	12445	more than 25,000 gallons of groundwater a day.
12446	12446	(b) A well meeting the criteria established under Section
12447	12447	36.117, Water Code, including a well used for dewatering and
12448	12448	monitoring in the production of coal or lignite, is exempt from
12449	12449	permit requirements, regulations, and fees imposed by the district.
12450	12450	(Acts 78th Leg., R.S., Ch. 384, Secs. 7(b), (f).)
12451	12451	Sec. 8868.105. NO EMINENT DOMAIN POWER. The district may
12452	12452	not exercise the power of eminent domain. (Acts 78th Leg., R.S., Ch.
12453	12453	384, Sec. 7(g) (part).)
12454	12454	[Sections 8868.106-8868.150 reserved for expansion]
12455	12455	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
12456	12456	Sec. 8868.151. TAXES PROHIBITED. The district may not
12457	12457	impose a tax. (Acts 78th Leg., R.S., Ch. 384, Sec. 7(c).)
12458	12458	Sec. 8868.152. TAX BONDS PROHIBITED. The district may not
12459	12459	issue any bonds or other obligations that pledge revenue derived
12460	12460	from district taxation. (Acts 78th Leg., R.S., Ch. 384, Sec. 7(g)
12461	12461	(part).)
12462	12462	Sec. 8868.153. PERMIT FEES. (a) The district by rule may
12463	12463	impose a reasonable fee on each well that is not exempt from
12464	12464	regulation by the district and for which a permit is issued by the
12465	12465	district.
12466	12466	(b) The fee must be based on the amount of water to be
12467	12467	withdrawn from the well.
12468	12468	(c) The fee may not exceed one cent per thousand gallons of
12469	12469	groundwater withdrawn for any purpose. (Acts 78th Leg., R.S., Ch.
12470	12470	384, Secs. 7(d), (e).)
12471	12471	CHAPTER 8869. WES-TEX GROUNDWATER CONSERVATION DISTRICT
12472	12472	SUBCHAPTER A. GENERAL PROVISIONS
12473	12473	Sec. 8869.001. DEFINITIONS
12474	12474	Sec. 8869.002. NATURE OF DISTRICT
12475	12475	Sec. 8869.003. FINDINGS OF PUBLIC USE AND BENEFIT
12476	12476	Sec. 8869.004. DISTRICT TERRITORY
12477	12477	[Sections 8869.005-8869.050 reserved for expansion]
12478	12478	SUBCHAPTER B. BOARD OF DIRECTORS
12479	12479	Sec. 8869.051. COMPOSITION OF BOARD
12480	12480	Sec. 8869.052. ELECTION OF DIRECTORS
12481	12481	Sec. 8869.053. TERMS
12482	12482	Sec. 8869.054. ELECTION DATE
12483	12483	Sec. 8869.055. QUALIFICATIONS FOR OFFICE
12484	12484	[Sections 8869.056-8869.100 reserved for expansion]
12485	12485	SUBCHAPTER C. POWERS AND DUTIES
12486	12486	Sec. 8869.101. GROUNDWATER CONSERVATION DISTRICT
12487	12487	POWERS AND DUTIES
12488	12488	Sec. 8869.102. LIMITATIONS ON DISTRICT POWERS
12489	12489	[Sections 8869.103-8869.150 reserved for expansion]
12490	12490	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
12491	12491	Sec. 8869.151. MAINTENANCE AND OPERATION TAX
12492	12492	CHAPTER 8869. WES-TEX GROUNDWATER CONSERVATION DISTRICT
12493	12493	SUBCHAPTER A. GENERAL PROVISIONS
12494	12494	Sec. 8869.001. DEFINITIONS. In this chapter:
12495	12495	(1) "Board" means the district's board of directors.
12496	12496	(2) "Director" means a board member.
12497	12497	(3) "District" means the Wes-Tex Groundwater
12498	12498	Conservation District. (Acts 77th Leg., R.S., Ch. 1473, Sec. 2;
12499	12499	New.)
12500	12500	Sec. 8869.002. NATURE OF DISTRICT. The district is a
12501	12501	groundwater conservation district in Nolan County created under and
12502	12502	essential to accomplish the purposes of Section 59, Article XVI,
12503	12503	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1473, Secs. 1(a)
12504	12504	(part), (b).)
12505	12505	Sec. 8869.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
12506	12506	district is created to serve a public use and benefit.
12507	12507	(b) All land and other property included in the district
12508	12508	will benefit from the works and projects accomplished by the
12509	12509	district under the powers conferred by Section 59, Article XVI,
12510	12510	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1473, Sec. 4.)
12511	12511	Sec. 8869.004. DISTRICT TERRITORY. The district's
12512	12512	boundaries are coextensive with the boundaries of Nolan County,
12513	12513	unless the district's territory has been modified under:
12514	12514	(1) Subchapter J or K, Chapter 36, Water Code; or
12515	12515	(2) other law. (Acts 77th Leg., R.S., Ch. 1473, Sec.
12516	12516	3; New.)
12517	12517	[Sections 8869.005-8869.050 reserved for expansion]
12518	12518	SUBCHAPTER B. BOARD OF DIRECTORS
12519	12519	Sec. 8869.051. COMPOSITION OF BOARD. The district is
12520	12520	governed by a board of nine directors that consists of one at-large
12521	12521	director and two directors from each county commissioners precinct.
12522	12522	(Acts 77th Leg., R.S., Ch. 1473, Sec. 7(a) (part).)
12523	12523	Sec. 8869.052. ELECTION OF DIRECTORS. (a) Directors are
12524	12524	elected according to the commissioners precinct method as provided
12525	12525	by this section.
12526	12526	(b) One director is elected by the voters of the entire
12527	12527	district. Two directors are elected from each county commissioners
12528	12528	precinct by the voters of that precinct. Of the two directors
12529	12529	elected from each precinct, one must reside in an incorporated area
12530	12530	and one must reside in an unincorporated area.
12531	12531	(c) A person shall indicate on the application for a place
12532	12532	on the ballot:
12533	12533	(1) the precinct that the person seeks to represent
12534	12534	and whether that person resides in an incorporated or in an
12535	12535	unincorporated area; or
12536	12536	(2) that the person seeks to represent the district at
12537	12537	large.
12538	12538	(d) When the boundaries of the county commissioners
12539	12539	precincts are redrawn under Section 18, Article V, Texas
12540	12540	Constitution, a director in office on the effective date of the
12541	12541	change, or elected or appointed before the effective date of the
12542	12542	change to a term of office beginning on or after the effective date
12543	12543	of the change, shall serve the term or the remainder of the term in
12544	12544	the precinct to which elected or appointed even though the change in
12545	12545	boundaries places the person's residence outside the precinct for
12546	12546	which the person was elected or appointed. (Acts 77th Leg., R.S.,
12547	12547	Ch. 1473, Secs. 7(a) (part), 9(a), (b), (d), (e), as amended Acts
12548	12548	79th Leg., R.S., Chs. 858, 1088.)
12549	12549	Sec. 8869.053. TERMS. Directors serve staggered four-year
12550	12550	terms with four or five members' terms expiring December 1 of each
12551	12551	even-numbered year. (Acts 77th Leg., R.S., Ch. 1473, Secs. 7(d),
12552	12552	11A, as added Acts 79th Leg., R.S., Chs. 858, 1088.)
12553	12553	Sec. 8869.054. ELECTION DATE. On the uniform election date
12554	12554	prescribed by Section 41.001, Election Code, in November of each
12555	12555	even-numbered year, the appropriate number of directors shall be
12556	12556	elected. (Acts 77th Leg., R.S., Ch. 1473, Sec. 11, as amended Acts
12557	12557	79th Leg., R.S., Chs. 858, 1088.)
12558	12558	Sec. 8869.055. QUALIFICATIONS FOR OFFICE. (a) To be a
12559	12559	candidate for or to serve as director at large, a person must reside
12560	12560	in and be a registered voter in the district.
12561	12561	(b) To be a candidate for or to serve as director from an
12562	12562	incorporated area of a county commissioners precinct, a person must
12563	12563	reside in an incorporated area of and be a registered voter of that
12564	12564	precinct.
12565	12565	(c) To be a candidate for or to serve as director from an
12566	12566	unincorporated area of a county commissioners precinct, a person
12567	12567	must reside in an unincorporated area of and be a registered voter
12568	12568	of that precinct. (Acts 77th Leg., R.S., Ch. 1473, Sec. 9(c).)
12569	12569	[Sections 8869.056-8869.100 reserved for expansion]
12570	12570	SUBCHAPTER C. POWERS AND DUTIES
12571	12571	Sec. 8869.101. GROUNDWATER CONSERVATION DISTRICT POWERS
12572	12572	AND DUTIES. The district has the rights, powers, privileges,
12573	12573	functions, and duties provided by the general law of this state,
12574	12574	including Chapter 36, Water Code, applicable to groundwater
12575	12575	conservation districts created under Section 59, Article XVI, Texas
12576	12576	Constitution. (Acts 77th Leg., R.S., Ch. 1473, Sec. 5(a) (part).)
12577	12577	Sec. 8869.102. LIMITATIONS ON DISTRICT POWERS.
12578	12578	Notwithstanding Section 8869.101, the district may not:
12579	12579	(1) acquire land;
12580	12580	(2) purchase, sell, transport, or distribute surface
12581	12581	water or groundwater;
12582	12582	(3) issue bonds; or
12583	12583	(4) exercise eminent domain authority. (Acts 77th
12584	12584	Leg., R.S., Ch. 1473, Sec. 6.)
12585	12585	[Sections 8869.103-8869.150 reserved for expansion]
12586	12586	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
12587	12587	Sec. 8869.151. MAINTENANCE AND OPERATION TAX. To pay the
12588	12588	maintenance and operating expenses of the district, the board may
12589	12589	impose taxes annually at a rate not to exceed three cents on each
12590	12590	$100 of assessed valuation. (Acts 77th Leg., R.S., Ch. 1473, Sec.
12591	12591	12.)
12592	12592	CHAPTER 8870. TRINITY GLEN ROSE GROUNDWATER CONSERVATION DISTRICT
12593	12593	SUBCHAPTER A. GENERAL PROVISIONS
12594	12594	Sec. 8870.001. DEFINITIONS
12595	12595	Sec. 8870.002. NATURE OF DISTRICT
12596	12596	Sec. 8870.003. PURPOSE
12597	12597	Sec. 8870.004. FINDINGS OF PUBLIC USE AND BENEFIT
12598	12598	Sec. 8870.005. DISTRICT TERRITORY
12599	12599	Sec. 8870.006. MUNICIPALITY'S CHOICE OF DISTRICT
12600	12600	Sec. 8870.007. EFFECT OF ANNEXATION OF LAND BY CERTAIN
12601	12601	MUNICIPALITIES
12602	12602	[Sections 8870.008-8870.050 reserved for expansion]
12603	12603	SUBCHAPTER B. BOARD OF DIRECTORS
12604	12604	Sec. 8870.051. COMPOSITION OF BOARD; TERMS
12605	12605	Sec. 8870.052. ELECTION OF DIRECTORS
12606	12606	Sec. 8870.053. ELECTION DATE
12607	12607	Sec. 8870.054. QUALIFICATIONS FOR OFFICE
12608	12608	Sec. 8870.055. BOARD VACANCY
12609	12609	Sec. 8870.056. REVISION OF SINGLE-MEMBER DISTRICTS
12610	12610	[Sections 8870.057-8870.100 reserved for expansion]
12611	12611	SUBCHAPTER C. POWERS AND DUTIES
12612	12612	Sec. 8870.101. GROUNDWATER CONSERVATION DISTRICT
12613	12613	POWERS AND DUTIES
12614	12614	Sec. 8870.102. REGULATION OF WELLS
12615	12615	Sec. 8870.103. PUBLIC WATER SUPPLY WELLS; CERTAIN
12616	12616	WELLS EXEMPT FROM REGULATION
12617	12617	Sec. 8870.104. MANAGEMENT PRACTICES; CONSTRUCTION AND
12618	12618	MAINTENANCE
12619	12619	Sec. 8870.105. LIMITATIONS ON DISTRICT POWERS
12620	12620	[Sections 8870.106-8870.150 reserved for expansion]
12621	12621	SUBCHAPTER D. FINANCIAL PROVISIONS
12622	12622	Sec. 8870.151. MAINTENANCE AND OPERATION TAX
12623	12623	Sec. 8870.152. LIMITATION ON TAXES; PROHIBITED TAXES
12624	12624	AND FEES
12625	12625	Sec. 8870.153. FEES
12626	12626	Sec. 8870.154. RECHARGE CREDITS
12627	12627	Sec. 8870.155. USE OF DISTRICT FUNDS
12628	12628	CHAPTER 8870. TRINITY GLEN ROSE GROUNDWATER CONSERVATION DISTRICT
12629	12629	SUBCHAPTER A. GENERAL PROVISIONS
12630	12630	Sec. 8870.001. DEFINITIONS. In this chapter:
12631	12631	(1) "Board" means the district's board of directors.
12632	12632	(2) "Commission" means the Texas Commission on
12633	12633	Environmental Quality.
12634	12634	(3) "Director" means a board member.
12635	12635	(4) "District" means the Trinity Glen Rose Groundwater
12636	12636	Conservation District. (Acts 77th Leg., R.S., Ch. 1312, Sec. 2;
12637	12637	New.)
12638	12638	Sec. 8870.002. NATURE OF DISTRICT. The district is a
12639	12639	groundwater conservation district in the part of Bexar County
12640	12640	overlying the Trinity Aquifer and is created under and essential to
12641	12641	accomplish the purposes of Section 59, Article XVI, Texas
12642	12642	Constitution. (Acts 77th Leg., R.S., Ch. 1312, Secs. 1(a) (part),
12643	12643	(b).)
12644	12644	Sec. 8870.003. PURPOSE. The purpose of the district is to
12645	12645	develop and implement regulatory, conservation, and recharge
12646	12646	programs that preserve and protect the underground water resources
12647	12647	located within the district. (Acts 77th Leg., R.S., Ch. 1312, Sec.
12648	12648	1(c).)
12649	12649	Sec. 8870.004. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
12650	12650	district is created to serve a public use and benefit.
12651	12651	(b) All land and other property included in the district
12652	12652	will benefit from the works and projects accomplished by the
12653	12653	district under the powers conferred by Section 59, Article XVI,
12654	12654	Texas Constitution. (Acts 77th Leg., R.S., Ch. 1312, Sec. 4.)
12655	12655	Sec. 8870.005. DISTRICT TERRITORY. (a) The district is
12656	12656	composed of the territory described by Section 3, Chapter 1312,
12657	12657	Acts of the 77th Legislature, Regular Session, 2001, as that
12658	12658	territory may have been modified under:
12659	12659	(1) Subsection (b) or its predecessor statute, former
12660	12660	Section 3(b), Chapter 1312, Acts of the 77th Legislature, Regular
12661	12661	Session, 2001;
12662	12662	(2) Section 8870.006 or 8870.007 or their predecessor
12663	12663	statutes, former Sections 19 and 19A, Chapter 1312, Acts of the 77th
12664	12664	Legislature, Regular Session, 2001;
12665	12665	(3) Subchapter J or K, Chapter 36, Water Code; or
12666	12666	(4) other law.
12667	12667	(b) The district may add territory inside the boundaries of
12668	12668	the Edwards Aquifer Authority with the consent of the board of
12669	12669	directors of the authority in the manner provided by Subchapter J,
12670	12670	Chapter 36, Water Code. (Acts 77th Leg., R.S., Ch. 1312, Sec. 3(b);
12671	12671	New.)
12672	12672	Sec. 8870.006. MUNICIPALITY'S CHOICE OF DISTRICT. (a) If
12673	12673	any part of a municipality, a part of which is included within the
12674	12674	boundaries of the district, is included within the boundaries of
12675	12675	one or more other groundwater conservation districts created by
12676	12676	special Act of the 77th Legislature, Regular Session, 2001, and
12677	12677	confirmed at a subsequent election called for the purpose, the
12678	12678	municipality, not later than August 31, 2004, at an election called
12679	12679	for the purpose, may vote to choose the one groundwater
12680	12680	conservation district of which it will be a part.
12681	12681	(b) If, after a municipality has held an election authorized
12682	12682	by Subsection (a), another groundwater conservation district
12683	12683	created by special Act of the 77th Legislature, Regular Session,
12684	12684	2001, that includes any part of the municipality is confirmed at an
12685	12685	election called for the purpose and if the district of which the
12686	12686	municipality has chosen to be a part has not issued bonds secured by
12687	12687	ad valorem taxes on any land within the boundaries of the
12688	12688	municipality, the municipality may hold another election under this
12689	12689	section to choose whether to remain within the groundwater
12690	12690	conservation district of which it has chosen to be a part or to
12691	12691	separate from that district and become part of the newly confirmed
12692	12692	groundwater conservation district. The district may hold another
12693	12693	election under this section, regardless of the number of previous
12694	12694	elections under this section, at any time a district described by
12695	12695	Subsection (a) is confirmed.
12696	12696	(c) Section 41.001(a), Election Code, does not apply to an
12697	12697	election under this section.
12698	12698	(d) This section and the results of an election held under
12699	12699	this section prevail over the provisions of any Act of the 77th
12700	12700	Legislature, Regular Session, 2001, other than Chapter 1312, Acts
12701	12701	of the 77th Legislature, Regular Session, 2001, regardless of the
12702	12702	relative dates on which Chapter 1312, Acts of the 77th Legislature,
12703	12703	Regular Session, 2001, and the other Act were enacted and became
12704	12704	law. (Acts 77th Leg., R.S., Ch. 1312, Secs. 19(a), (b), (c) (part),
12705	12705	(d).)
12706	12706	Sec. 8870.007. EFFECT OF ANNEXATION OF LAND BY CERTAIN
12707	12707	MUNICIPALITIES. (a) In this section:
12708	12708	(1) "Inhabited land" means land on which at least one
12709	12709	fixed, permanent, and occupied dwelling is situated, as of the date
12710	12710	on which the land is annexed by a municipality.
12711	12711	(2) "Vacant land" means land on which no fixed,
12712	12712	permanent, and occupied dwelling is situated, as of the date on
12713	12713	which the land is annexed by a municipality.
12714	12714	(b) If a municipality that has held an election under
12715	12715	Section 8870.006 or its predecessor statute, former Section 19,
12716	12716	Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001,
12717	12717	subsequently annexes vacant land that is not located in the
12718	12718	groundwater conservation district chosen by the municipality in the
12719	12719	election, the annexed vacant land by that action:
12720	12720	(1) becomes part of the territory of the groundwater
12721	12721	conservation district chosen by the municipality in the election;
12722	12722	and
12723	12723	(2) is disannexed from any other groundwater
12724	12724	conservation district in which the land is located.
12725	12725	(c) If a municipality that has held an election under
12726	12726	Section 8870.006 or its predecessor statute, former Section 19,
12727	12727	Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001,
12728	12728	subsequently annexes inhabited land that is not located in the
12729	12729	groundwater conservation district chosen by the municipality in the
12730	12730	election, the landowners of the annexed inhabited land may file a
12731	12731	petition with the groundwater conservation district requesting
12732	12732	inclusion in that district as provided by Subchapter J, Chapter 36,
12733	12733	Water Code. Notwithstanding Section 36.325(b), Water Code, the
12734	12734	petition must be signed by all of the landowners of the land to be
12735	12735	annexed by the groundwater conservation district. If the affected
12736	12736	landowners do not file a petition as provided by this subsection,
12737	12737	the municipality shall hold an election under Section 8870.006 in
12738	12738	which the voters in the annexed inhabited land may choose the one
12739	12739	groundwater conservation district of which the annexed land will be
12740	12740	a part.
12741	12741	(d) Any land annexed by the municipality after an election
12742	12742	under Section 8870.006 or its predecessor statute, former Section
12743	12743	19, Chapter 1312, Acts of the 77th Legislature, Regular Session,
12744	12744	2001, and before the effective date of this section is:
12745	12745	(1) territory of the district chosen by the
12746	12746	municipality in the election; and
12747	12747	(2) disannexed from any other groundwater
12748	12748	conservation district in which the land is located.
12749	12749	(e) A disannexation of a groundwater conservation
12750	12750	district's territory under this section does not diminish or impair
12751	12751	the rights of the holders of any outstanding and unpaid bonds,
12752	12752	warrants, or other obligations of that groundwater conservation
12753	12753	district. Property disannexed under this section is not released
12754	12754	from its pro rata share of any indebtedness of that groundwater
12755	12755	conservation district at the time of the disannexation, and that
12756	12756	groundwater conservation district may continue to tax the property
12757	12757	until that debt is paid. (Acts 77th Leg., R.S., Ch. 1312, Sec. 19A.)
12758	12758	[Sections 8870.008-8870.050 reserved for expansion]
12759	12759	SUBCHAPTER B. BOARD OF DIRECTORS
12760	12760	Sec. 8870.051. COMPOSITION OF BOARD; TERMS. (a) The
12761	12761	district is governed by a board of five directors.
12762	12762	(b) Directors serve staggered four-year terms. (Acts 77th
12763	12763	Leg., R.S., Ch. 1312, Secs. 7(a), 11(c).)
12764	12764	Sec. 8870.052. ELECTION OF DIRECTORS. (a) The district is
12765	12765	divided into five numbered, single-member districts for electing
12766	12766	directors.
12767	12767	(b) One director is elected from each single-member
12768	12768	district. A director elected from a single-member district
12769	12769	represents the residents of that single-member district. (Acts
12770	12770	77th Leg., R.S., Ch. 1312, Secs. 6(a), (b).)
12771	12771	Sec. 8870.053. ELECTION DATE. Each even-numbered year, on
12772	12772	the uniform election date in May or another date authorized by law,
12773	12773	the appropriate number of directors shall be elected. (Acts 77th
12774	12774	Leg., R.S., Ch. 1312, Sec. 12.)
12775	12775	Sec. 8870.054. QUALIFICATIONS FOR OFFICE. (a) To be
12776	12776	qualified to be a candidate for or to serve as director, a person
12777	12777	must be a registered voter in the single-member district that the
12778	12778	person represents or seeks to represent.
12779	12779	(b) The disqualification of a director is governed by
12780	12780	Section 49.052, Water Code. (Acts 77th Leg., R.S., Ch. 1312, Secs.
12781	12781	5(c), 6(c).)
12782	12782	Sec. 8870.055. BOARD VACANCY. (a) The board shall appoint a
12783	12783	replacement to fill a vacancy in the office of director.
12784	12784	(b) The appointed replacement serves until the next
12785	12785	directors' election.
12786	12786	(c) At that election, a person is elected to fill the
12787	12787	position. If the position is not scheduled to be filled at the
12788	12788	election, the person elected to fill the position serves only for
12789	12789	the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch.
12790	12790	1312, Sec. 7(b).)
12791	12791	Sec. 8870.056. REVISION OF SINGLE-MEMBER DISTRICTS. (a)
12792	12792	The board may revise the single-member districts as necessary or
12793	12793	appropriate.
12794	12794	(b) The board shall revise each single-member district
12795	12795	after each federal decennial census to reflect population changes.
12796	12796	(c) At the first election after the single-member districts
12797	12797	are revised, a new director shall be elected from each district.
12798	12798	The directors shall draw lots to determine which two directors
12799	12799	serve two-year terms and which three directors serve four-year
12800	12800	terms. (Acts 77th Leg., R.S., Ch. 1312, Sec. 6(d).)
12801	12801	[Sections 8870.057-8870.100 reserved for expansion]
12802	12802	SUBCHAPTER C. POWERS AND DUTIES
12803	12803	Sec. 8870.101. GROUNDWATER CONSERVATION DISTRICT POWERS
12804	12804	AND DUTIES. The district has the rights, powers, privileges,
12805	12805	functions, and duties provided by the general law of this state,
12806	12806	including Chapter 36, Water Code, applicable to groundwater
12807	12807	conservation districts created under Section 59, Article XVI, Texas
12808	12808	Constitution. (Acts 77th Leg., R.S., Ch. 1312, Sec. 5(a).)
12809	12809	Sec. 8870.102. REGULATION OF WELLS. (a) The board may
12810	12810	require all or certain types of wells in the district to be
12811	12811	registered with the district.
12812	12812	(b) Notwithstanding Section 36.117, Water Code:
12813	12813	(1) the production capacity for an exempt well in the
12814	12814	district is 10,000 gallons per day or less; and
12815	12815	(2) an exempt domestic well in the district may not
12816	12816	serve more than five households.
12817	12817	(c) A well on or serving a tract of land of less than five
12818	12818	acres that is installed after September 1, 2001, regardless of
12819	12819	whether a plat is required or whether the production capacity of the
12820	12820	well is less than 10,000 gallons per day, is not an exempt well.
12821	12821	(d) This section does not affect the exempt status of public
12822	12822	water supply wells under Section 8870.103. (Acts 77th Leg., R.S.,
12823	12823	Ch. 1312, Secs. 14(a), (b), (c), (d).)
12824	12824	Sec. 8870.103. PUBLIC WATER SUPPLY WELLS; CERTAIN WELLS
12825	12825	EXEMPT FROM REGULATION. (a) A public water supply well is exempt
12826	12826	from regulation by the district if:
12827	12827	(1) the well existed on September 1, 2001, and was
12828	12828	drilled in compliance with technical requirements in effect at the
12829	12829	time the well was drilled; or
12830	12830	(2) the commission approved plans submitted for the
12831	12831	installation of the well before September 1, 2001, and the
12832	12832	installation of the well was completed in accordance with the
12833	12833	approved plans and the commission's technical requirements before
12834	12834	September 1, 2002.
12835	12835	(b) For the purposes of Subsection (a)(2), the installation
12836	12836	of a well was timely completed if, before September 1, 2002, the
12837	12837	well was drilled, cased, and cemented in accordance with the
12838	12838	commission's technical requirements and the plans submitted to and
12839	12839	approved by the commission before September 1, 2001, even if the
12840	12840	well was capped for subsequent placement into service as part of a
12841	12841	public water system.
12842	12842	(c) The owner of a public water supply well shall register
12843	12843	the well with the district and submit reports to the district. A
12844	12844	public water supply well is subject to the district's prohibitions
12845	12845	on the waste of groundwater.
12846	12846	(d) The district may not require a construction or operating
12847	12847	permit for a public water supply well approved by the commission.
12848	12848	(e) Fees a retail public utility pays to the district shall
12849	12849	be collected directly from the customers of the utility as a
12850	12850	regulatory fee and shown as a separate line item on the customer's
12851	12851	bill.
12852	12852	(f) The district may not prohibit the sale, purchase, lease,
12853	12853	or trade of groundwater by a private well owner under this section.
12854	12854	(Acts 77th Leg., R.S., Ch. 1312, Sec. 16.)
12855	12855	Sec. 8870.104. MANAGEMENT PRACTICES; CONSTRUCTION AND
12856	12856	MAINTENANCE. The district may:
12857	12857	(1) construct, implement, and maintain best
12858	12858	management practices in the district;
12859	12859	(2) engage in and promote the acceptance of best
12860	12860	management practices through education efforts sponsored by the
12861	12861	district;
12862	12862	(3) include the construction and maintenance of
12863	12863	terraces and other structures on land in the district;
12864	12864	(4) engage in and promote land treatment measures for
12865	12865	soil conservation and improvement; and
12866	12866	(5) prepare and implement a plan for the control and
12867	12867	management of brush within the district. (Acts 77th Leg., R.S., Ch.
12868	12868	1312, Sec. 14(e).)
12869	12869	Sec. 8870.105. LIMITATIONS ON DISTRICT POWERS. The
12870	12870	district may not:
12871	12871	(1) sell, donate, lease, or otherwise grant rights in
12872	12872	or to underground water located in the district unless the action
12873	12873	has been approved by a majority vote of district residents; or
12874	12874	(2) enter into any contract or engage in any action to
12875	12875	purchase, sell, transport, and distribute surface water or
12876	12876	groundwater for any purpose other than a program for aquifer
12877	12877	storage and recovery of water. (Acts 77th Leg., R.S., Ch. 1312,
12878	12878	Sec. 15(a) (part).)
12879	12879	[Sections 8870.106-8870.150 reserved for expansion]
12880	12880	SUBCHAPTER D. FINANCIAL PROVISIONS
12881	12881	Sec. 8870.151. MAINTENANCE AND OPERATION TAX. (a) Except
12882	12882	as provided by Subsection (b), the board may impose a maintenance
12883	12883	and operation tax if the tax is approved by a majority of the
12884	12884	qualified voters voting at an election called and held for that
12885	12885	purpose in the manner provided by Section 36.201, Water Code.
12886	12886	(b) If the district imposes a fee under Section 8870.153,
12887	12887	the district may not impose a tax under this section. (Acts 77th
12888	12888	Leg., R.S., Ch. 1312, Secs. 13(a), (i) (part).)
12889	12889	Sec. 8870.152. LIMITATION ON TAXES; PROHIBITED TAXES AND
12890	12890	FEES. (a) The district may not assess an ad valorem tax for
12891	12891	administrative, operation, and maintenance expenses in excess of
12892	12892	three cents for each $100 valuation.
12893	12893	(b) The district may not impose a tax on or charge a fee to
12894	12894	any person in the district who does not obtain water from the
12895	12895	Trinity Aquifer.
12896	12896	(c) The district may not impose a fee or tax on:
12897	12897	(1) a municipality that has held an election under
12898	12898	Section 8870.006 or its predecessor statute, Section 19, Chapter
12899	12899	1312, Acts of the 77th Legislature, Regular Session, 2001, and
12900	12900	obtains at least 50 percent of its annual water supply from a source
12901	12901	other than the Trinity Aquifer;
12902	12902	(2) a municipally owned utility, as defined by Section
12903	12903	13.002, Water Code, of a municipality described by Subdivision (1);
12904	12904	or
12905	12905	(3) a resident of or other water user within a
12906	12906	municipality described by Subdivision (1), whose sole source of
12907	12907	water is the municipality or the municipally owned utility of the
12908	12908	municipality. (Acts 77th Leg., R.S., Ch. 1312, Secs. 15(a) (part),
12909	12909	17.)
12910	12910	Sec. 8870.153. FEES. (a) Except as provided by Subsection
12911	12911	(g), the board may impose fees on each nonexempt well in the
12912	12912	district.
12913	12913	(b) A fee may be assessed annually, based on:
12914	12914	(1) the size of column pipe used in the well;
12915	12915	(2) the production capacity of the well; or
12916	12916	(3) actual, authorized, and anticipated pumpage.
12917	12917	(c) A fee imposed under this section may not exceed:
12918	12918	(1) $1 per acre-foot for water used for agricultural
12919	12919	purposes; or
12920	12920	(2) $40 per acre-foot for water used for a purpose
12921	12921	other than an agricultural purpose.
12922	12922	(d) The board may use fees as a regulatory mechanism or a
12923	12923	revenue-producing mechanism.
12924	12924	(e) The board shall adopt rules regarding:
12925	12925	(1) fee rates;
12926	12926	(2) the manner and form for filing reports of fees; and
12927	12927	(3) the manner of collecting fees.
12928	12928	(f) To secure payment of a fee imposed under this section, a
12929	12929	lien attaches to the property on which the well is located. The lien
12930	12930	has the same priority and characteristics as a lien for district
12931	12931	taxes. The district may use the lien and all other powers that the
12932	12932	district possesses to collect the payment of the fee.
12933	12933	(g) If the district imposes a tax under Section 8870.151,
12934	12934	the district may not impose a fee under this section. (Acts 77th
12935	12935	Leg., R.S., Ch. 1312, Secs. 13(b), (b-1), (c) (part), (d), (e), (i)
12936	12936	(part).)
12937	12937	Sec. 8870.154. RECHARGE CREDITS. The board shall adopt
12938	12938	rules regarding the issuance of appropriate recharge credits to
12939	12939	persons in the district who:
12940	12940	(1) pay taxes or fees to the district; and
12941	12941	(2) enhance, supplement, improve, or prevent
12942	12942	pollution of recharge of the Trinity Aquifer. (Acts 77th Leg.,
12943	12943	R.S., Ch. 1312, Sec. 13(c) (part).)
12944	12944	Sec. 8870.155. USE OF DISTRICT FUNDS. (a) The district
12945	12945	may use a tax collected under Section 8870.151 or a fee collected
12946	12946	under Section 8870.153 to pay for the district's management and
12947	12947	operation and to pay all or part of the principal of and interest on
12948	12948	district bonds or notes.
12949	12949	(b) The board shall use a tax collected under Section
12950	12950	8870.151 or a fee collected under Section 8870.153 to pay for:
12951	12951	(1) studies and planning required to develop a
12952	12952	scientifically based regulatory program;
12953	12953	(2) soil and water conservation measures, including
12954	12954	water-retarding structures and brush management and the
12955	12955	implementation of other best management practices to address
12956	12956	natural resource concerns in the district;
12957	12957	(3) direct installation of water conservation devices
12958	12958	and early retirement of older devices;
12959	12959	(4) educational material relating to soil and water
12960	12960	conservation; and
12961	12961	(5) enforcement programs or regulatory programs.
12962	12962	(c) The district may spend a tax collected under Section
12963	12963	8870.151 or a fee collected under Section 8870.153 for the purposes
12964	12964	described by Subsection (b)(2) independently or in conjunction with
12965	12965	other natural resource programs in the district. (Acts 77th Leg.,
12966	12966	R.S., Ch. 1312, Secs. 13(f), (g), (h).)
12967	12967	SECTION 1.06. Subtitle I, Title 6, Special District Local
12968	12968	Laws Code, is amended by adding Chapters 9013, 9018, 9019, 9026,
12969	12969	9029, 9032, and 9033 to read as follows:
12970	12970	CHAPTER 9013. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
12971	12971	NO. 6
12972	12972	SUBCHAPTER A. GENERAL PROVISIONS
12973	12973	Sec. 9013.001. DEFINITIONS
12974	12974	Sec. 9013.002. NATURE OF DISTRICT
12975	12975	Sec. 9013.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
12976	12976	Sec. 9013.004. APPLICABILITY OF WATER CONTROL AND
12977	12977	IMPROVEMENT DISTRICTS LAW
12978	12978	[Sections 9013.005-9013.050 reserved for expansion]
12979	12979	SUBCHAPTER B. DISTRICT TERRITORY
12980	12980	Sec. 9013.051. DISTRICT TERRITORY
12981	12981	Sec. 9013.052. HEARINGS FOR EXCLUSION OF TERRITORY
12982	12982	[Sections 9013.053-9013.100 reserved for expansion]
12983	12983	SUBCHAPTER C. BOARD OF DIRECTORS
12984	12984	Sec. 9013.101. COMPOSITION OF BOARD
12985	12985	Sec. 9013.102. ELIGIBILITY
12986	12986	Sec. 9013.103. DIRECTOR'S BOND
12987	12987	Sec. 9013.104. FAILURE TO ELECT DIRECTORS
12988	12988	[Sections 9013.105-9013.150 reserved for expansion]
12989	12989	SUBCHAPTER D. POWERS AND DUTIES
12990	12990	Sec. 9013.151. GENERAL POWERS
12991	12991	Sec. 9013.152. WATER CONTROL AND IMPROVEMENT DISTRICT
12992	12992	POWERS
12993	12993	Sec. 9013.153. CONTROL OF WATER AND FLOODWATER;
12994	12994	RECLAMATION
12995	12995	Sec. 9013.154. STRUCTURES AND FACILITIES
12996	12996	Sec. 9013.155. COST OF RELOCATING OR ALTERING PROPERTY
12997	12997	[Sections 9013.156-9013.200 reserved for expansion]
12998	12998	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
12999	12999	Sec. 9013.201. TAX METHOD
13000	13000	Sec. 9013.202. HEARING ON CHANGE IN METHOD OF
13001	13001	TAXATION; LIMITATION
13002	13002	Sec. 9013.203. PROJECTS EXEMPT FROM ASSESSMENT OR
13003	13003	TAXATION
13004	13004	Sec. 9013.204. MAINTENANCE TAX ELECTION PROCEDURES
13005	13005	Sec. 9013.205. MAINTENANCE TAX RATE
13006	13006	Sec. 9013.206. USE OF MAINTENANCE TAX PROCEEDS
13007	13007	Sec. 9013.207. APPROVAL OF AND FUNDING FOR CERTAIN
13008	13008	PLANS FOR WORKS AND IMPROVEMENTS
13009	13009	[Sections 9013.208-9013.250 reserved for expansion]
13010	13010	SUBCHAPTER F. BONDS
13011	13011	Sec. 9013.251. ISSUANCE OF BONDS
13012	13012	Sec. 9013.252. FAILED BOND ELECTION
13013	13013	Sec. 9013.253. BONDS EXEMPT FROM TAXATION
13014	13014	CHAPTER 9013. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
13015	13015	NO. 6
13016	13016	SUBCHAPTER A. GENERAL PROVISIONS
13017	13017	Sec. 9013.001. DEFINITIONS. In this chapter:
13018	13018	(1) "Board" means the district's board of directors.
13019	13019	(2) "Director" means a board member.
13020	13020	(3) "District" means the Bell County Water Control and
13021	13021	Improvement District No. 6. (Acts 55th Leg., 1st C.S., Ch. 18, Sec.
13022	13022	1 (part); New.)
13023	13023	Sec. 9013.002. NATURE OF DISTRICT. The district is a
13024	13024	conservation and reclamation district in Bell County. (Acts 55th
13025	13025	Leg., 1st C.S., Ch. 18, Sec. 1 (part).)
13026	13026	Sec. 9013.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
13027	13027	The district is created to serve a public use and benefit.
13028	13028	(b) All land and other property included in the boundaries
13029	13029	of the district will benefit from the works and projects
13030	13030	accomplished by the district under the powers conferred by Section
13031	13031	59, Article XVI, Texas Constitution.
13032	13032	(c) The creation of the district is essential to accomplish
13033	13033	the purposes of Section 59, Article XVI, Texas Constitution.
13034	13034	(d) The accomplishment of the purposes stated in this
13035	13035	chapter is for the benefit of the people of this state and for the
13036	13036	improvement of their property and industries. The district in
13037	13037	carrying out the purposes of this chapter will be performing an
13038	13038	essential public function under the Texas Constitution. (Acts 55th
13039	13039	Leg., 1st C.S., Ch. 18, Secs. 1 (part), 2 (part), 3 (part).)
13040	13040	Sec. 9013.004. APPLICABILITY OF WATER CONTROL AND
13041	13041	IMPROVEMENT DISTRICTS LAW. Except as provided in this chapter,
13042	13042	general laws pertaining to water control and improvement districts
13043	13043	govern the district. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 13.)
13044	13044	[Sections 9013.005-9013.050 reserved for expansion]
13045	13045	SUBCHAPTER B. DISTRICT TERRITORY
13046	13046	Sec. 9013.051. DISTRICT TERRITORY. (a) The district is
13047	13047	composed of the territory described by Section 2, Chapter 18, Acts
13048	13048	of the 55th Legislature, 1st Called Session, 1957, as amended by
13049	13049	Section 1, Chapter 300, Acts of the 57th Legislature, Regular
13050	13050	Session, 1961, as that territory may have been modified under:
13051	13051	(1) Subchapter O, Chapter 51, Water Code;
13052	13052	(2) Subchapter J, Chapter 49, Water Code; or
13053	13053	(3) other law.
13054	13054	(b) The boundaries and field notes of the district form a
13055	13055	closure. A mistake in the field notes or in copying the field notes
13056	13056	in the legislative process does not affect:
13057	13057	(1) the district's organization, existence, or
13058	13058	validity;
13059	13059	(2) the district's right to issue bonds or to pay the
13060	13060	principal of and interest on the bonds;
13061	13061	(3) the district's right to impose a tax; or
13062	13062	(4) the legality or operation of the district or its
13063	13063	governing body. (Acts 55th Leg., 1st C.S., Ch. 18, Secs. 1 (part),
13064	13064	2 (part); New.)
13065	13065	Sec. 9013.052. HEARINGS FOR EXCLUSION OF TERRITORY. A
13066	13066	hearing may not be held to determine whether to exclude property
13067	13067	included in the district. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 6
13068	13068	(part).)
13069	13069	[Sections 9013.053-9013.100 reserved for expansion]
13070	13070	SUBCHAPTER C. BOARD OF DIRECTORS
13071	13071	Sec. 9013.101. COMPOSITION OF BOARD. The board consists of
13072	13072	six elected directors. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 14
13073	13073	(part).)
13074	13074	Sec. 9013.102. ELIGIBILITY. (a) Each director of the
13075	13075	district must:
13076	13076	(1) be a landowner within the district; and
13077	13077	(2) reside in Bell County.
13078	13078	(b) A director who fails to meet the requirements of this
13079	13079	section during the director's tenure in office shall vacate that
13080	13080	office. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 14 (part).)
13081	13081	Sec. 9013.103. DIRECTOR'S BOND. Each director shall give a
13082	13082	bond in the amount of $1,000 for the faithful performance of the
13083	13083	director's duties. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 9
13084	13084	(part).)
13085	13085	Sec. 9013.104. FAILURE TO ELECT DIRECTORS. Failure to call
13086	13086	a director election does not affect the legal status of the
13087	13087	district, the board, a director, or the right of the board to act or
13088	13088	function, and the directors continue to serve as provided by
13089	13089	Section 17, Article XVI, Texas Constitution. (Acts 55th Leg., 1st
13090	13090	C.S., Ch. 18, Sec. 9 (part).)
13091	13091	[Sections 9013.105-9013.150 reserved for expansion]
13092	13092	SUBCHAPTER D. POWERS AND DUTIES
13093	13093	Sec. 9013.151. GENERAL POWERS. The district may exercise
13094	13094	the rights, privileges, and functions provided by this chapter.
13095	13095	(Acts 55th Leg., 1st C.S., Ch. 18, Sec. 1 (part).)
13096	13096	Sec. 9013.152. WATER CONTROL AND IMPROVEMENT DISTRICT
13097	13097	POWERS. To accomplish a purpose for which the district is created,
13098	13098	the district has the powers conferred by the general laws of this
13099	13099	state on water control and improvement districts, including the
13100	13100	power to:
13101	13101	(1) construct, acquire, improve, maintain, and repair
13102	13102	a dam or other structure; and
13103	13103	(2) acquire land, easements, equipment, or other
13104	13104	property needed to use, control, and distribute water that may be
13105	13105	impounded, diverted, or controlled by the district. (Acts 55th
13106	13106	Leg., 1st C.S., Ch. 18, Sec. 5.)
13107	13107	Sec. 9013.153. CONTROL OF WATER AND FLOODWATER;
13108	13108	RECLAMATION. The district has the power to:
13109	13109	(1) control, store, preserve, and distribute the water
13110	13110	and floodwater in the district for the irrigation of arid land,
13111	13111	conservation, preservation, reclamation, and drainage of the lands
13112	13112	in the district;
13113	13113	(2) carry out flood prevention measures to prevent
13114	13114	damage to the property in the district; and
13115	13115	(3) reclaim lands heretofore damaged because of the
13116	13116	failure to provide the facilities authorized to be constructed
13117	13117	under this chapter. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 4.)
13118	13118	Sec. 9013.154. STRUCTURES AND FACILITIES. The district may
13119	13119	acquire, construct, improve, repair, maintain, and operate a
13120	13120	structure or facility inside or outside the district. (Acts 55th
13121	13121	Leg., 1st C.S., Ch. 18, Sec. 9 (part).)
13122	13122	Sec. 9013.155. COST OF RELOCATING OR ALTERING PROPERTY. If
13123	13123	the district's exercise of the power of eminent domain, the power of
13124	13124	relocation, or any other power granted under this chapter makes
13125	13125	necessary the relocating, raising, rerouting, changing the grade,
13126	13126	or altering the construction of a highway, a railroad, an electric
13127	13127	transmission line, a telephone or telegraph property or facility,
13128	13128	or a pipeline, the necessary action shall be accomplished at the
13129	13129	sole expense of the district. (Acts 55th Leg., 1st C.S., Ch. 18,
13130	13130	Sec. 5a.)
13131	13131	[Sections 9013.156-9013.200 reserved for expansion]
13132	13132	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
13133	13133	Sec. 9013.201. TAX METHOD. Subject to Section 9013.202,
13134	13134	the district shall use an ad valorem plan of taxation, and the taxes
13135	13135	imposed by the district shall be on an ad valorem basis. (Acts 55th
13136	13136	Leg., 1st C.S., Ch. 18, Sec. 6 (part); New.)
13137	13137	Sec. 9013.202. HEARING ON CHANGE IN METHOD OF TAXATION;
13138	13138	LIMITATION. (a) Except as provided by Subsection (b), the district
13139	13139	may call a hearing to consider changing the method of taxation.
13140	13140	(b) Once district bonds are approved by the attorney general
13141	13141	or district court, the district may not change its plan of taxation.
13142	13142	(Acts 55th Leg., 1st C.S., Ch. 18, Sec. 10 (part).)
13143	13143	Sec. 9013.203. PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION.
13144	13144	The district is not required to pay a tax or assessment on a project
13145	13145	or any part of a project. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 3
13146	13146	(part).)
13147	13147	Sec. 9013.204. MAINTENANCE TAX ELECTION PROCEDURES. (a) A
13148	13148	maintenance tax election shall be called and notice given in the
13149	13149	same manner as for a bond election.
13150	13150	(b) This chapter does not prevent the calling of a later
13151	13151	maintenance tax election to establish or increase the amount of tax
13152	13152	if the board determines that a maintenance tax election is
13153	13153	required. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 8 (part).)
13154	13154	Sec. 9013.205. MAINTENANCE TAX RATE. In calling a
13155	13155	maintenance tax election, the board must specify the maximum
13156	13156	proposed tax rate. To impose a maintenance tax at a rate that
13157	13157	exceeds the maximum proposed rate approved by the voters, the board
13158	13158	must submit the question of a tax rate increase to the voters.
13159	13159	(Acts 55th Leg., 1st C.S., Ch. 18, Sec. 8 (part).)
13160	13160	Sec. 9013.206. USE OF MAINTENANCE TAX PROCEEDS. (a) The
13161	13161	district may spend maintenance tax proceeds for:
13162	13162	(1) an easement or right-of-way;
13163	13163	(2) any purpose for which a district may spend bond
13164	13164	proceeds; and
13165	13165	(3) maintenance and operation purposes.
13166	13166	(b) The district may place surplus maintenance tax proceeds
13167	13167	not needed for maintenance purposes into the sinking funds for
13168	13168	outstanding district bonds.
13169	13169	(c) The board's determination to spend maintenance tax
13170	13170	proceeds is final and is not subject to judicial review, except on
13171	13171	the grounds of fraud, palpable error, or gross abuse of discretion.
13172	13172	(Acts 55th Leg., 1st C.S., Ch. 18, Sec. 9 (part).)
13173	13173	Sec. 9013.207. APPROVAL OF AND FUNDING FOR CERTAIN PLANS
13174	13174	FOR WORKS AND IMPROVEMENTS. (a) In this section, "commission"
13175	13175	means the Texas Commission on Environmental Quality.
13176	13176	(b) This section applies only to plans contemplated by the
13177	13177	district for works and improvements, or amendments to the plans,
13178	13178	that are prepared by the Natural Resources Conservation Service of
13179	13179	the United States Department of Agriculture and approved by the
13180	13180	district directors.
13181	13181	(c) An engineer's report covering the plans and
13182	13182	improvements to be constructed, and the maps, plats, profiles, and
13183	13183	data fully showing and explaining the plans and improvements, are
13184	13184	not required to be filed in the district office before an election
13185	13185	is held to authorize the issuance of bonds for the works and
13186	13186	improvements. The plans and specifications, engineering reports,
13187	13187	profiles, maps, and other data, and subsequent amendments to those
13188	13188	items, are not required to be approved by the commission before the
13189	13189	bonds are issued.
13190	13190	(d) Before the district may spend any funds for the
13191	13191	construction of any works and improvements, the commission must
13192	13192	approve the portion of the works and improvements to be
13193	13193	constructed. The commission's advance approval for the entire
13194	13194	project contemplated by the district is not required. The
13195	13195	commission may approve on a separate basis the portion of the entire
13196	13196	project or works and improvements:
13197	13197	(1) to be constructed at a particular time; and
13198	13198	(2) on which plans and specifications of the Natural
13199	13199	Resources Conservation Service have been prepared and submitted by
13200	13200	the district to the commission. (Acts 55th Leg., 1st C.S., Ch. 18,
13201	13201	Sec. 9 (part); New.)
13202	13202	[Sections 9013.208-9013.250 reserved for expansion]
13203	13203	SUBCHAPTER F. BONDS
13204	13204	Sec. 9013.251. ISSUANCE OF BONDS. To accomplish a district
13205	13205	purpose, the district may issue bonds as provided by general law for
13206	13206	water control and improvement districts to obtain money necessary
13207	13207	to furnish land or easements or permanent improvements on the land
13208	13208	or easements. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 8 (part).)
13209	13209	Sec. 9013.252. FAILED BOND ELECTION. (a) A general law,
13210	13210	including Sections 51.781-51.791, Water Code, that provides for
13211	13211	calling a hearing on the dissolution of a district after a failed
13212	13212	district bond election does not apply to the district.
13213	13213	(b) The district continues to exist and retain its full
13214	13214	power to function and operate regardless of the outcome of a bond
13215	13215	election. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 9 (part).)
13216	13216	Sec. 9013.253. BONDS EXEMPT FROM TAXATION. A bond issued
13217	13217	under this chapter, the transfer of the bond, and income from the
13218	13218	bond, including profits made on the sale of the bond, are exempt
13219	13219	from taxation in this state. (Acts 55th Leg., 1st C.S., Ch. 18,
13220	13220	Sec. 3 (part).)
13221	13221	CHAPTER 9018. BOLING MUNICIPAL WATER DISTRICT
13222	13222	SUBCHAPTER A. GENERAL PROVISIONS
13223	13223	Sec. 9018.001. DEFINITIONS
13224	13224	Sec. 9018.002. NATURE OF DISTRICT
13225	13225	Sec. 9018.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
13226	13226	[Sections 9018.004-9018.050 reserved for expansion]
13227	13227	SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION AND EXCLUSION
13228	13228	Sec. 9018.051. DISTRICT TERRITORY
13229	13229	Sec. 9018.052. AUTHORITY TO ANNEX OR EXCLUDE TERRITORY
13230	13230	Sec. 9018.053. PETITION TO CHANGE BOUNDARIES
13231	13231	Sec. 9018.054. HEARING; NOTICE
13232	13232	Sec. 9018.055. BOARD APPROVAL OF ANNEXATION
13233	13233	Sec. 9018.056. BOARD APPROVAL OF EXCLUSION
13234	13234	Sec. 9018.057. RATIFICATION ELECTION; NOTICE
13235	13235	Sec. 9018.058. TAX LIABILITY OF EXCLUDED TERRITORY;
13236	13236	BONDS OUTSTANDING
13237	13237	[Sections 9018.059-9018.100 reserved for expansion]
13238	13238	SUBCHAPTER C. BOARD OF DIRECTORS
13239	13239	Sec. 9018.101. COMPOSITION OF BOARD
13240	13240	[Sections 9018.102-9018.150 reserved for expansion]
13241	13241	SUBCHAPTER D. POWERS AND DUTIES
13242	13242	Sec. 9018.151. WATER CONTROL AND IMPROVEMENT DISTRICT
13243	13243	POWERS
13244	13244	Sec. 9018.152. COST OF RELOCATING OR ALTERING PROPERTY
13245	13245	[Sections 9018.153-9018.200 reserved for expansion]
13246	13246	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
13247	13247	Sec. 9018.201. TAX METHOD
13248	13248	CHAPTER 9018. BOLING MUNICIPAL WATER DISTRICT
13249	13249	SUBCHAPTER A. GENERAL PROVISIONS
13250	13250	Sec. 9018.001. DEFINITIONS. In this chapter:
13251	13251	(1) "Board" means the district's board of directors.
13252	13252	(2) "District" means the Boling Municipal Water
13253	13253	District. (Acts 54th Leg., R.S., Ch. 286, Sec. 1 (part); New.)
13254	13254	Sec. 9018.002. NATURE OF DISTRICT. The district is:
13255	13255	(1) a conservation and reclamation district in Wharton
13256	13256	County under Section 59, Article XVI, Texas Constitution; and
13257	13257	(2) a municipal corporation. (Acts 54th Leg., R.S.,
13258	13258	Ch. 286, Secs. 1 (part), 5 (part).)
13259	13259	Sec. 9018.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
13260	13260	The district is created to serve a public use and benefit.
13261	13261	(b) All land and other property included in the boundaries
13262	13262	of the district will benefit from the creation of the district.
13263	13263	(c) The creation of the district is essential to accomplish
13264	13264	the purpose of Section 59, Article XVI, Texas Constitution. (Acts
13265	13265	54th Leg., R.S., Ch. 286, Secs. 4 (part), 5 (part).)
13266	13266	[Sections 9018.004-9018.050 reserved for expansion]
13267	13267	SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION AND EXCLUSION
13268	13268	Sec. 9018.051. DISTRICT TERRITORY. The district is
13269	13269	composed of the territory described by Section 1, Chapter 286, Acts
13270	13270	of the 54th Legislature, Regular Session, 1955, as that territory
13271	13271	may have been modified under:
13272	13272	(1) this subchapter or its predecessor statute,
13273	13273	Section 4(a), Chapter 286, Acts of the 54th Legislature, Regular
13274	13274	Session, 1955;
13275	13275	(2) Subchapter O, Chapter 51, Water Code;
13276	13276	(3) Subchapter J, Chapter 49, Water Code; or
13277	13277	(4) other law. (New.)
13278	13278	Sec. 9018.052. AUTHORITY TO ANNEX OR EXCLUDE TERRITORY.
13279	13279	Defined areas of territory not included in the territory described
13280	13280	by Section 1, Chapter 286, Acts of the 54th Legislature, Regular
13281	13281	Session, 1955, may be added to the district, and territory included
13282	13282	in the district may be excluded from the district as provided by
13283	13283	this subchapter. (Acts 54th Leg., R.S., Ch. 286, Sec. 4(a) (part).)
13284	13284	Sec. 9018.053. PETITION TO CHANGE BOUNDARIES. (a) A
13285	13285	petition for:
13286	13286	(1) annexation of territory must be signed by a
13287	13287	majority of the landowners of the territory; and
13288	13288	(2) exclusion of territory must be signed by all of the
13289	13289	landowners of the territory sought to be excluded from the
13290	13290	district.
13291	13291	(b) The petition must be filed with the board secretary.
13292	13292	(Acts 54th Leg., R.S., Ch. 286, Sec. 4(a), Subsec. (a).)
13293	13293	Sec. 9018.054. HEARING; NOTICE. (a) At the next board
13294	13294	meeting after the date the petition is filed, the board shall order
13295	13295	a time and place to hold a hearing on the petition.
13296	13296	(b) The hearing shall be held not earlier than the 15th day
13297	13297	and not later than the 60th day after the date of the order.
13298	13298	(c) The secretary shall issue notice of the time and place
13299	13299	of the hearing. The notice must contain a description of the
13300	13300	territory sought to be annexed or excluded.
13301	13301	(d) Notice of the hearing shall be given by posting a copy of
13302	13302	the notice in three public places in the district and one copy in
13303	13303	the territory sought to be annexed or excluded. (Acts 54th Leg.,
13304	13304	R.S., Ch. 286, Sec. 4(a), Subsecs. (b), (c).)
13305	13305	Sec. 9018.055. BOARD APPROVAL OF ANNEXATION. (a) The board
13306	13306	shall enter an order of temporary acceptance in the minutes of the
13307	13307	hearing if, on hearing the petition for annexation, the board finds
13308	13308	that:
13309	13309	(1) the proposed annexation is to the advantage of the
13310	13310	district;
13311	13311	(2) no injury would result to the district; and
13312	13312	(3) the territory to be annexed will benefit from the
13313	13313	improvements and plans of the district.
13314	13314	(b) The order may include all of the land described in the
13315	13315	petition, but if the board finds a modification or change is
13316	13316	necessary, the board shall include only territory that will benefit
13317	13317	and not result in injury to the existing district.
13318	13318	(c) The board may condition its findings for the annexation
13319	13319	of territory on the grant of certain petitions for exclusion.
13320	13320	(d) An annexation of territory does not become effective
13321	13321	until ratified at an election under Section 9018.057. (Acts 54th
13322	13322	Leg., R.S., Ch. 286, Sec. 4(a), Subsec. (d) (part).)
13323	13323	Sec. 9018.056. BOARD APPROVAL OF EXCLUSION. (a) The board
13324	13324	may enter an order of temporary exclusion of territory if, on
13325	13325	hearing the petition for exclusion, the board finds that:
13326	13326	(1) the territory will not be benefited by the further
13327	13327	improvements planned by the district; and
13328	13328	(2) the benefits accorded to the territory to be
13329	13329	excluded by improvements previously authorized by the district do
13330	13330	not have a proportionate relationship to the benefits received by
13331	13331	the remainder of the district.
13332	13332	(b) An exclusion of territory does not become effective
13333	13333	until ratified at an election under Section 9018.057. (Acts 54th
13334	13334	Leg., R.S., Ch. 286, Sec. 4(a), Subsec. (d) (part).)
13335	13335	Sec. 9018.057. RATIFICATION ELECTION; NOTICE.
13336	13336	(a) Immediately on the entry of an order under Section 9018.055 or
13337	13337	9018.056, the board shall enter an order for an election for the
13338	13338	purpose of ratifying the board's action by the assumption of the
13339	13339	proportionate share of all obligations previously issued, voted,
13340	13340	owned, or contracted for by the district.
13341	13341	(b) At an election held to ratify only the annexation of
13342	13342	territory, separate polling places shall be provided for the
13343	13343	existing territory of the district and the territory to be annexed.
13344	13344	(c) An election held only to ratify the exclusion of
13345	13345	territory from the district shall be held in the area of the
13346	13346	district as the district will exist if the territory is excluded,
13347	13347	and the voters of the territory to be excluded may not participate
13348	13348	in the election.
13349	13349	(d) If the annexation and the exclusion of territory are
13350	13350	simultaneously submitted as separate propositions, the election
13351	13351	shall be held as provided by Subsection (b) except:
13352	13352	(1) the voters in the territory to be excluded shall
13353	13353	vote, in a separate box, only on the question of assumption of debt
13354	13354	if the election for the exclusion fails; and
13355	13355	(2) the voters in the territory to be annexed and the
13356	13356	voters in the district shall have the right to vote for assumption
13357	13357	of debt conditioned on exclusion of the other territory and the
13358	13358	annexation.
13359	13359	(e) If the board has conditioned an annexation on the
13360	13360	exclusion of other territory from the district, the election shall
13361	13361	be held as provided by Subsection (b), except the voters of the
13362	13362	territory to be excluded may not vote in the election.
13363	13363	(f) If a separate polling place is required under this
13364	13364	section, a favorable majority of the participating voters at each
13365	13365	polling place is required to assume the debt and approve the
13366	13366	tentative order of the board.
13367	13367	(g) The manner of giving notice and holding the election is
13368	13368	the same as provided for confirmation elections under general law
13369	13369	for water control and improvement districts. (Acts 54th Leg.,
13370	13370	R.S., Ch. 286, Sec. 4(a), Subsec. (e).)
13371	13371	Sec. 9018.058. TAX LIABILITY OF EXCLUDED TERRITORY; BONDS
13372	13372	OUTSTANDING. (a) Territory excluded by an election is not liable
13373	13373	for any obligations voted by the district after the election.
13374	13374	(b) The excluded territory remains liable for the payment of
13375	13375	taxes to pay obligations incurred before the exclusion until:
13376	13376	(1) all of the holders of outstanding bonds:
13377	13377	(A) consent to the release of the excluded
13378	13378	territory; and
13379	13379	(B) file the consent in writing with the
13380	13380	secretary of the district; or
13381	13381	(2) the obligations are paid or refunded.
13382	13382	(c) The territory assuming the obligations is first subject
13383	13383	to taxes for the payment of the obligations. The taxes against the
13384	13384	excluded territory are levied only to prevent default on the
13385	13385	obligations, except the district may levy taxes against the
13386	13386	territory to create and maintain a reserve for that contingency.
13387	13387	The reserve may not exceed the proportionate amount, based on tax
13388	13388	valuations, of the average annual principal and interest
13389	13389	requirements on the outstanding obligations.
13390	13390	(d) If the bonds are refunded, the resolution must expressly
13391	13391	provide for the release of the excluded territory from the
13392	13392	obligation to pay further taxes. (Acts 54th Leg., R.S., Ch. 286,
13393	13393	Sec. 4(a), Subsec. (f).)
13394	13394	[Sections 9018.059-9018.100 reserved for expansion]
13395	13395	SUBCHAPTER C. BOARD OF DIRECTORS
13396	13396	Sec. 9018.101. COMPOSITION OF BOARD. The board is composed
13397	13397	of five elected directors. (Acts 54th Leg., R.S., Ch. 286, Sec. 3
13398	13398	(part).)
13399	13399	[Sections 9018.102-9018.150 reserved for expansion]
13400	13400	SUBCHAPTER D. POWERS AND DUTIES
13401	13401	Sec. 9018.151. WATER CONTROL AND IMPROVEMENT DISTRICT
13402	13402	POWERS. The district has the rights, powers, privileges, and
13403	13403	duties provided by general law applicable to a water control and
13404	13404	improvement district created under Section 59, Article XVI, Texas
13405	13405	Constitution, including Chapters 49 and 51, Water Code. (Acts 54th
13406	13406	Leg., R.S., Ch. 286, Sec. 2 (part).)
13407	13407	Sec. 9018.152. COST OF RELOCATING OR ALTERING PROPERTY. If
13408	13408	the district's exercise of the power of eminent domain, the power of
13409	13409	relocation, or any other power granted by this chapter, makes
13410	13410	necessary the relocating, raising, rerouting, changing the grade,
13411	13411	or altering the construction of a highway, railroad, electric
13412	13412	transmission line, pipeline, or telegraph or telephone property or
13413	13413	facility, the necessary action shall be accomplished at the sole
13414	13414	expense of the district. (Acts 54th Leg., R.S., Ch. 286, Sec. 2A.)
13415	13415	[Sections 9018.153-9018.200 reserved for expansion]
13416	13416	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
13417	13417	Sec. 9018.201. TAX METHOD. (a) The district shall use the
13418	13418	ad valorem plan of taxation.
13419	13419	(b) The board is not required to hold a hearing on the
13420	13420	adoption of a plan of taxation. (Acts 54th Leg., R.S., Ch. 286, Sec.
13421	13421	4 (part).)
13422	13422	CHAPTER 9019. BROOKSHIRE MUNICIPAL WATER DISTRICT
13423	13423	SUBCHAPTER A. GENERAL PROVISIONS
13424	13424	Sec. 9019.001. DEFINITIONS
13425	13425	Sec. 9019.002. NATURE OF DISTRICT
13426	13426	Sec. 9019.003. DISTRICT TERRITORY
13427	13427	[Sections 9019.004-9019.050 reserved for expansion]
13428	13428	SUBCHAPTER B. BOARD OF DIRECTORS
13429	13429	Sec. 9019.051. COMPOSITION OF BOARD
13430	13430	Sec. 9019.052. QUALIFICATIONS FOR OFFICE
13431	13431	[Sections 9019.053-9019.100 reserved for expansion]
13432	13432	SUBCHAPTER C. POWERS AND DUTIES
13433	13433	Sec. 9019.101. GENERAL POWERS
13434	13434	Sec. 9019.102. POWER TO ACQUIRE PROPERTY AND ASSUME
13435	13435	INDEBTEDNESS
13436	13436	Sec. 9019.103. POWERS RELATING TO WATERWORKS OR
13437	13437	SANITARY SEWER SYSTEM
13438	13438	Sec. 9019.104. POWERS RELATING TO FIRE DEPARTMENT
13439	13439	Sec. 9019.105. PROJECT APPROVAL
13440	13440	[Sections 9019.106-9019.150 reserved for expansion]
13441	13441	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
13442	13442	Sec. 9019.151. TAX METHOD
13443	13443	[Sections 9019.152-9019.200 reserved for expansion]
13444	13444	SUBCHAPTER E. BONDS
13445	13445	Sec. 9019.201. AUTHORITY TO ISSUE BONDS
13446	13446	Sec. 9019.202. BOND ELECTION REQUIRED
13447	13447	Sec. 9019.203. NOTICE OF BOND ELECTION
13448	13448	Sec. 9019.204. REFUNDING BONDS
13449	13449	Sec. 9019.205. REFUNDING BOND ELECTION
13450	13450	Sec. 9019.206. BOND APPROVAL
13451	13451	CHAPTER 9019. BROOKSHIRE MUNICIPAL WATER DISTRICT
13452	13452	SUBCHAPTER A. GENERAL PROVISIONS
13453	13453	Sec. 9019.001. DEFINITIONS. In this chapter:
13454	13454	(1) "Board" means the district's board of directors.
13455	13455	(2) "City" means the city of Brookshire, Texas.
13456	13456	(3) "Director" means a board member.
13457	13457	(4) "District" means the Brookshire Municipal Water
13458	13458	District. (Acts 52nd Leg., R.S., Ch. 418, Sec. 1 (part); New.)
13459	13459	Sec. 9019.002. NATURE OF DISTRICT. (a) The district is a
13460	13460	conservation and reclamation district.
13461	13461	(b) The creation of the district is essential to accomplish
13462	13462	the purposes of Section 59, Article XVI, Texas Constitution. (Acts
13463	13463	52nd Leg., R.S., Ch. 418, Sec. 1 (part).)
13464	13464	Sec. 9019.003. DISTRICT TERRITORY. (a) The district
13465	13465	consists of the territory included in the incorporated city of
13466	13466	Brookshire in Waller County, Texas, on April 1, 1951. The
13467	13467	district's territory may have been modified under:
13468	13468	(1) Chapter 3A, Title 128, Revised Statutes, before
13469	13469	August 30, 1971;
13470	13470	(2) Subchapter O, Chapter 51, Water Code;
13471	13471	(3) Subchapter J, Chapter 49, Water Code; or
13472	13472	(4) other law.
13473	13473	(b) A defect in the definition of the boundaries of the city
13474	13474	of Brookshire or in a past proceeding for the annexation or
13475	13475	exclusion of territory to or from the city does not affect the
13476	13476	validity of the district or any of its powers and duties. (Acts
13477	13477	52nd Leg., R.S., Ch. 418, Secs. 1 (part), 1a; New.)
13478	13478	[Sections 9019.004-9019.050 reserved for expansion]
13479	13479	SUBCHAPTER B. BOARD OF DIRECTORS
13480	13480	Sec. 9019.051. COMPOSITION OF BOARD. The district is
13481	13481	governed by a board of five elected directors. (Acts 52nd Leg.,
13482	13482	R.S., Ch. 418, Sec. 2 (part).)
13483	13483	Sec. 9019.052. QUALIFICATIONS FOR OFFICE. A director must
13484	13484	be:
13485	13485	(1) at least 18 years of age;
13486	13486	(2) a resident of the state; and
13487	13487	(3) the owner of property subject to taxation in the
13488	13488	district. (Acts 52nd Leg., R.S., Ch. 418, Sec. 2 (part).)
13489	13489	[Sections 9019.053-9019.100 reserved for expansion]
13490	13490	SUBCHAPTER C. POWERS AND DUTIES
13491	13491	Sec. 9019.101. GENERAL POWERS. (a) Except as otherwise
13492	13492	provided by this chapter, the district:
13493	13493	(1) has all the powers and duties granted water
13494	13494	control and improvement districts by Chapters 49 and 51, Water
13495	13495	Code, and all other laws relating to water control and improvement
13496	13496	districts; and
13497	13497	(2) shall be governed by all of the laws described by
13498	13498	Subdivision (1) and the powers, functions, duties, privileges, and
13499	13499	procedures provided by those laws.
13500	13500	(b) The district may exercise the rights, privileges, and
13501	13501	functions provided by this chapter. (Acts 52nd Leg., R.S., Ch. 418,
13502	13502	Secs. 1 (part), 3 (part).)
13503	13503	Sec. 9019.102. POWER TO ACQUIRE PROPERTY AND ASSUME
13504	13504	INDEBTEDNESS. (a) The district may purchase or otherwise acquire
13505	13505	from the city any property owned by the city, for the production,
13506	13506	distribution, and sale of water and everything appurtenant thereto
13507	13507	on terms agreed to by the governing bodies of the city and the
13508	13508	district.
13509	13509	(b) The district may assume all outstanding bonds,
13510	13510	warrants, and other forms of indebtedness of the city issued for
13511	13511	waterworks purposes, including indebtedness payable from:
13512	13512	(1) the revenue of the city's waterworks system; or
13513	13513	(2) ad valorem taxes.
13514	13514	(c) The assumption of indebtedness described by Subsection
13515	13515	(b) must first be approved at an election held in the district in
13516	13516	the manner provided by this chapter for bond elections. (Acts 52nd
13517	13517	Leg., R.S., Ch. 418, Sec. 4.)
13518	13518	Sec. 9019.103. POWERS RELATING TO WATERWORKS OR SANITARY
13519	13519	SEWER SYSTEM. The district may:
13520	13520	(1) purchase, construct, or otherwise acquire a
13521	13521	waterworks or sanitary sewer system;
13522	13522	(2) own and operate a system described by Subdivision
13523	13523	(1); and
13524	13524	(3) construct an addition, extension, or improvement
13525	13525	to a system described by Subdivision (1). (Acts 52nd Leg., R.S.,
13526	13526	Ch. 418, Sec. 5 (part).)
13527	13527	Sec. 9019.104. POWERS RELATING TO FIRE DEPARTMENT. The
13528	13528	district may:
13529	13529	(1) purchase or otherwise acquire, maintain, and
13530	13530	operate a firefighting facility and equipment to protect property
13531	13531	belonging to the district and other property in the district;
13532	13532	(2) maintain and operate a fire department;
13533	13533	(3) employ a fire marshal; and
13534	13534	(4) pay a reward for information leading to the arrest
13535	13535	and conviction of a person on a charge of arson in connection with
13536	13536	the burning or attempted burning of property in the district. (Acts
13537	13537	52nd Leg., R.S., Ch. 418, Sec. 5 (part).)
13538	13538	Sec. 9019.105. PROJECT APPROVAL. The board is not required
13539	13539	to secure the approval of the Texas Commission on Environmental
13540	13540	Quality for any district project. (Acts 52nd Leg., R.S., Ch. 418,
13541	13541	Sec. 3 (part).)
13542	13542	[Sections 9019.106-9019.150 reserved for expansion]
13543	13543	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
13544	13544	Sec. 9019.151. TAX METHOD. The district shall use the ad
13545	13545	valorem plan of taxation. (Acts 52nd Leg., R.S., Ch. 418, Sec. 3
13546	13546	(part).)
13547	13547	[Sections 9019.152-9019.200 reserved for expansion]
13548	13548	SUBCHAPTER E. BONDS
13549	13549	Sec. 9019.201. AUTHORITY TO ISSUE BONDS. To carry out a
13550	13550	power the district is authorized to perform, the district may issue
13551	13551	bonds payable from and secured by:
13552	13552	(1) ad valorem taxes;
13553	13553	(2) all or part of the net revenue of the
13554	13554	income-producing properties of the district, as specified by the
13555	13555	board, after deducting reasonable expenses for maintenance,
13556	13556	operation, and administration; or
13557	13557	(3) ad valorem taxes and the net revenue described by
13558	13558	Subdivision (2). (Acts 52nd Leg., R.S., Ch. 418, Sec. 6 (part).)
13559	13559	Sec. 9019.202. BOND ELECTION REQUIRED. The district may
13560	13560	issue bonds only if the bonds are authorized by a majority of the
13561	13561	district voters voting at an election called by the board. (Acts
13562	13562	52nd Leg., R.S., Ch. 418, Sec. 6 (part).)
13563	13563	Sec. 9019.203. NOTICE OF BOND ELECTION. (a) Except as
13564	13564	otherwise provided by this section, notice of a bond election must
13565	13565	be given in the manner required of bond elections in water control
13566	13566	and improvement districts.
13567	13567	(b) The notice must be published once a week for two
13568	13568	consecutive weeks in a newspaper of general circulation in the
13569	13569	district. Publication of the first notice must be at least 14 days
13570	13570	before the date of the election.
13571	13571	(c) The notice is not required to state any summary of
13572	13572	engineers or other estimates of cost. (Acts 52nd Leg., R.S., Ch.
13573	13573	418, Sec. 6 (part); New.)
13574	13574	Sec. 9019.204. REFUNDING BONDS. (a) The district may issue
13575	13575	refunding bonds to refund:
13576	13576	(1) outstanding bonds issued by the district and
13577	13577	interest on those bonds; or
13578	13578	(2) outstanding bonds of the city assumed by the
13579	13579	district.
13580	13580	(b) Refunding bonds may:
13581	13581	(1) be issued to refund more than one series of
13582	13582	outstanding district bonds, including bonds assumed by the
13583	13583	district;
13584	13584	(2) combine the pledges of net revenue, taxes, or
13585	13585	both, that secure the outstanding bonds for the security of the
13586	13586	refunding bonds; and
13587	13587	(3) be secured by a pledge of other or additional
13588	13588	revenue.
13589	13589	(c) Refunding bonds may be combined and issued jointly with
13590	13590	new money bonds to be issued and sold to carry out a power for which
13591	13591	the district may issue bonds.
13592	13592	(d) The comptroller shall register the refunding bonds on
13593	13593	the surrender and cancellation of the bonds to be refunded.
13594	13594	(e) Instead of issuing bonds to be registered on the
13595	13595	surrender and cancellation of the bonds to be refunded, the
13596	13596	district, in the resolution authorizing the issuance of the
13597	13597	refunding bonds, may provide for the sale of the refunding bonds and
13598	13598	the deposit of the proceeds in a bank at which the bonds to be
13599	13599	refunded are payable. In that case, the refunding bonds may be
13600	13600	issued in an amount sufficient to pay the interest on the bonds to
13601	13601	be refunded to their option date or maturity date, and the
13602	13602	comptroller shall register the refunding bonds without the
13603	13603	surrender and cancellation of the bonds to be refunded. (Acts 52nd
13604	13604	Leg., R.S., Ch. 418, Sec. 7 (part).)
13605	13605	Sec. 9019.205. REFUNDING BOND ELECTION. (a) Except as
13606	13606	otherwise provided by this section, refunding bonds may be issued
13607	13607	without an election.
13608	13608	(b) The district may not issue refunding bonds to refund
13609	13609	outstanding bonds of the city unless the district's assumption of
13610	13610	those bonds is first authorized at an election in the district held
13611	13611	in the manner provided by this chapter for bond elections.
13612	13612	(c) Refunding bonds payable wholly or partly from ad valorem
13613	13613	taxes may not be issued to refund revenue bonds issued by the
13614	13614	district or revenue bonds of the city assumed by the district unless
13615	13615	the refunding bonds are authorized at an election held in the manner
13616	13616	provided by this chapter for bond elections. (Acts 52nd Leg., R.S.,
13617	13617	Ch. 418, Sec. 7 (part).)
13618	13618	Sec. 9019.206. BOND APPROVAL. The board is not required to
13619	13619	secure the approval of the Texas Commission on Environmental
13620	13620	Quality for district bonds. (Acts 52nd Leg., R.S., Ch. 418, Sec. 3
13621	13621	(part).)
13622	13622	CHAPTER 9026. CEDAR BAYOU PARK UTILITY DISTRICT
13623	13623	SUBCHAPTER A. GENERAL PROVISIONS
13624	13624	Sec. 9026.001. DEFINITIONS
13625	13625	Sec. 9026.002. NATURE OF DISTRICT
13626	13626	Sec. 9026.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
13627	13627	Sec. 9026.004. DISTRICT TERRITORY
13628	13628	Sec. 9026.005. EXPANSION OF DISTRICT
13629	13629	Sec. 9026.006. STATE POLICY REGARDING WASTE DISPOSAL
13630	13630	[Sections 9026.007-9026.050 reserved for expansion]
13631	13631	SUBCHAPTER B. DISTRICT ADMINISTRATION
13632	13632	Sec. 9026.051. COMPOSITION OF BOARD
13633	13633	Sec. 9026.052. DIRECTOR'S BOND
13634	13634	Sec. 9026.053. BOARD VACANCY
13635	13635	Sec. 9026.054. BOARD PRESIDENT'S POWER TO EXECUTE
13636	13636	CONTRACTS
13637	13637	Sec. 9026.055. ABSENCE OR INACTION OF BOARD PRESIDENT
13638	13638	Sec. 9026.056. DISTRICT OFFICE
13639	13639	[Sections 9026.057-9026.100 reserved for expansion]
13640	13640	SUBCHAPTER C. POWERS AND DUTIES
13641	13641	Sec. 9026.101. WATER CONTROL AND IMPROVEMENT DISTRICT
13642	13642	POWERS
13643	13643	Sec. 9026.102. ADDITIONAL POWERS
13644	13644	Sec. 9026.103. LIMIT ON EMINENT DOMAIN
13645	13645	Sec. 9026.104. COST OF RELOCATING OR ALTERING PROPERTY
13646	13646	Sec. 9026.105. WATER, SEWER, OR DRAINAGE CONTRACTS;
13647	13647	ELECTION NOT REQUIRED; BONDS
13648	13648	Sec. 9026.106. NOTICE OF ELECTION
13649	13649	Sec. 9026.107. DISTRICT RULES
13650	13650	[Sections 9026.108-9026.150 reserved for expansion]
13651	13651	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
13652	13652	Sec. 9026.151. TAX METHOD
13653	13653	Sec. 9026.152. DISTRICT ACCOUNTS
13654	13654	Sec. 9026.153. COPY OF AUDIT REPORT
13655	13655	Sec. 9026.154. PAYMENT OF TAX OR ASSESSMENT NOT
13656	13656	REQUIRED
13657	13657	Sec. 9026.155. DEPOSITORY
13658	13658	[Sections 9026.156-9026.200 reserved for expansion]
13659	13659	SUBCHAPTER E. BONDS
13660	13660	Sec. 9026.201. ISSUANCE OF BONDS
13661	13661	Sec. 9026.202. ADDITIONAL SECURITY
13662	13662	Sec. 9026.203. TRUST INDENTURE
13663	13663	Sec. 9026.204. ORDER OR RESOLUTION AUTHORIZING
13664	13664	ISSUANCE OF CERTAIN BONDS
13665	13665	Sec. 9026.205. USE OF BOND PROCEEDS
13666	13666	CHAPTER 9026. CEDAR BAYOU PARK UTILITY DISTRICT
13667	13667	SUBCHAPTER A. GENERAL PROVISIONS
13668	13668	Sec. 9026.001. DEFINITIONS. In this chapter:
13669	13669	(1) "Board" means the district's board of directors.
13670	13670	(2) "Director" means a board member.
13671	13671	(3) "District" means the Cedar Bayou Park Utility
13672	13672	District. (Acts 61st Leg., R.S., Ch. 261, Sec. 1 (part); New.)
13673	13673	Sec. 9026.002. NATURE OF DISTRICT. The district is a
13674	13674	conservation and reclamation district in Harris County created
13675	13675	under Section 59, Article XVI, Texas Constitution. (Acts 61st
13676	13676	Leg., R.S., Ch. 261, Sec. 1 (part).)
13677	13677	Sec. 9026.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
13678	13678	The district is created to serve a public use and benefit.
13679	13679	(b) All land and other property included in the boundaries
13680	13680	of the district will benefit from the works and projects
13681	13681	accomplished by the district under the powers conferred by Section
13682	13682	59, Article XVI, Texas Constitution.
13683	13683	(c) The creation of the district is essential to accomplish
13684	13684	the purposes of Section 59, Article XVI, Texas Constitution.
13685	13685	(d) The accomplishment of the purposes stated in this
13686	13686	chapter is for the benefit of the people of this state and for the
13687	13687	improvement of their property and industries. The district in
13688	13688	carrying out the purposes of this chapter will be performing an
13689	13689	essential public function under the Texas Constitution. (Acts 61st
13690	13690	Leg., R.S., Ch. 261, Secs. 1 (part), 4, 24 (part).)
13691	13691	Sec. 9026.004. DISTRICT TERRITORY. (a) The district is
13692	13692	composed of the territory described by Section 2, Chapter 261, Acts
13693	13693	of the 61st Legislature, Regular Session, 1969, as that territory
13694	13694	may have been modified under:
13695	13695	(1) Subchapter O, Chapter 51, Water Code;
13696	13696	(2) Subchapter J, Chapter 49, Water Code;
13697	13697	(3) Section 9026.005 or its predecessor statute,
13698	13698	former Section 9, Chapter 261, Acts of the 61st Legislature,
13699	13699	Regular Session, 1969; or
13700	13700	(4) other law.
13701	13701	(b) The boundaries and field notes of the district form a
13702	13702	closure. A mistake in the field notes or in copying the field notes
13703	13703	in the legislative process does not affect:
13704	13704	(1) the district's organization, existence, or
13705	13705	validity;
13706	13706	(2) the district's right to issue any type of bond for
13707	13707	a purpose for which the district is created or to pay the principal
13708	13708	of and interest on the bond;
13709	13709	(3) the district's right to impose a tax; or
13710	13710	(4) in any other manner, the legality or operation of
13711	13711	the district or the board. (Acts 61st Leg., R.S., Ch. 261, Sec. 3;
13712	13712	New.)
13713	13713	Sec. 9026.005. EXPANSION OF DISTRICT. (a) If land is
13714	13714	annexed by the district under Section 49.301 or 51.714, Water Code,
13715	13715	the board may require the petitioners to:
13716	13716	(1) assume the petitioners' pro rata share of the voted
13717	13717	but unissued bonds of the district; and
13718	13718	(2) authorize the board to impose a tax on the
13719	13719	petitioners' property to pay for the bonds after the bonds have been
13720	13720	issued.
13721	13721	(b) If land is annexed by the district under Section 49.302,
13722	13722	Water Code, the board may submit to the voters of the area to be
13723	13723	annexed a proposition on the question of the assumption by the area
13724	13724	to be annexed of its part of the voted but not yet issued or sold tax
13725	13725	or tax-revenue bonds of the district and the imposition of an ad
13726	13726	valorem tax on taxable property in the area to be annexed along with
13727	13727	a tax in the rest of the district for the payment of the bonds.
13728	13728	(c) If the petitioners consent or if the election results
13729	13729	favorably, the district may issue its voted but unissued tax or
13730	13730	tax-revenue bonds regardless of changes to district boundaries
13731	13731	since the voting or authorization of those bonds. (Acts 61st Leg.,
13732	13732	R.S., Ch. 261, Sec. 9.)
13733	13733	Sec. 9026.006. STATE POLICY REGARDING WASTE DISPOSAL. The
13734	13734	district's powers and duties are subject to the state policy of
13735	13735	encouraging the development and use of integrated area-wide waste
13736	13736	collection, treatment, and disposal systems to serve the waste
13737	13737	disposal needs of this state's residents, if integrated systems can
13738	13738	reasonably be provided for an area, so as to avoid the economic
13739	13739	burden on residents and the impact on state water quality caused by
13740	13740	the construction and operation of numerous small waste collection,
13741	13741	treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch.
13742	13742	261, Sec. 5 (part).)
13743	13743	[Sections 9026.007-9026.050 reserved for expansion]
13744	13744	SUBCHAPTER B. DISTRICT ADMINISTRATION
13745	13745	Sec. 9026.051. COMPOSITION OF BOARD. The board consists of
13746	13746	five elected directors. (Acts 61st Leg., R.S., Ch. 261, Sec. 10
13747	13747	(part).)
13748	13748	Sec. 9026.052. DIRECTOR'S BOND. (a) Each director shall
13749	13749	qualify by giving bond in the amount of $5,000 for the faithful
13750	13750	performance of the director's duties.
13751	13751	(b) The bonds must be recorded in a record book kept for that
13752	13752	purpose in the district office. (Acts 61st Leg., R.S., Ch. 261,
13753	13753	Sec. 10 (part).)
13754	13754	Sec. 9026.053. BOARD VACANCY. (a) Except as provided by
13755	13755	Subsection (b), a vacancy in the office of director shall be filled
13756	13756	in the manner provided by Section 49.105, Water Code.
13757	13757	(b) The county judge of the county in which the district is
13758	13758	located shall appoint directors to fill all of the vacancies on the
13759	13759	board whenever the number of qualified directors is less than
13760	13760	three. (Acts 61st Leg., R.S., Ch. 261, Sec. 10 (part).)
13761	13761	Sec. 9026.054. BOARD PRESIDENT'S POWER TO EXECUTE
13762	13762	CONTRACTS. The board president may execute all contracts, including
13763	13763	construction contracts, entered into by the board on behalf of the
13764	13764	district. (Acts 61st Leg., R.S., Ch. 261, Sec. 10 (part).)
13765	13765	Sec. 9026.055. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
13766	13766	When the board president is absent or fails or declines to act, the
13767	13767	board vice president shall perform all duties and exercise all
13768	13768	power that this chapter or general law gives the president.
13769	13769	(b) If the board president is absent from a board meeting,
13770	13770	the board vice president may sign an order adopted or other action
13771	13771	taken at the meeting, or the board may authorize the president to
13772	13772	sign the order or implement the action. (Acts 61st Leg., R.S., Ch.
13773	13773	261, Sec. 10 (part).)
13774	13774	Sec. 9026.056. DISTRICT OFFICE. (a) The board shall
13775	13775	designate, establish, and maintain a district office as provided by
13776	13776	Section 49.062, Water Code.
13777	13777	(b) The board may establish a second district office outside
13778	13778	the district. If the board establishes a district office outside
13779	13779	the district, the board shall give notice of the location of that
13780	13780	office by:
13781	13781	(1) filing a copy of the board resolution that
13782	13782	establishes the location of the office:
13783	13783	(A) with the Texas Commission on Environmental
13784	13784	Quality; and
13785	13785	(B) in the water control and improvement district
13786	13786	records of each county in which the district is located; and
13787	13787	(2) publishing notice of the location of the office in
13788	13788	a newspaper of general circulation in each county in which the
13789	13789	district is located.
13790	13790	(c) A district office may be a private residence or office.
13791	13791	A district office that is a private residence or office is a public
13792	13792	place for matters relating to the district's business.
13793	13793	(d) The board shall give notice of any change in the
13794	13794	location of the district office outside the district in the manner
13795	13795	required by Subsection (b). (Acts 61st Leg., R.S., Ch. 261, Sec.
13796	13796	15.)
13797	13797	[Sections 9026.057-9026.100 reserved for expansion]
13798	13798	SUBCHAPTER C. POWERS AND DUTIES
13799	13799	Sec. 9026.101. WATER CONTROL AND IMPROVEMENT DISTRICT
13800	13800	POWERS. The district has all of the rights, powers, privileges, and
13801	13801	functions provided by general law applicable to water control and
13802	13802	improvement districts created under Section 59, Article XVI, Texas
13803	13803	Constitution, including Chapters 49 and 51, Water Code. (Acts 61st
13804	13804	Leg., R.S., Ch. 261, Sec. 5 (part).)
13805	13805	Sec. 9026.102. ADDITIONAL POWERS. (a) The district may:
13806	13806	(1) make, purchase, construct, lease, or otherwise
13807	13807	acquire property, works, facilities, or improvements, existing or
13808	13808	to be made, constructed, or acquired, inside or outside the
13809	13809	district's boundaries and necessary to carry out the powers granted
13810	13810	by this chapter or general law; or
13811	13811	(2) enter into a contract with a person on terms the
13812	13812	board considers desirable, fair, and advantageous for:
13813	13813	(A) the purchase or sale of water;
13814	13814	(B) the transportation, treatment, and disposal
13815	13815	of the domestic, industrial, or communal wastes of the district or
13816	13816	others;
13817	13817	(C) the continuing and orderly development of
13818	13818	land and property in the district through the purchase,
13819	13819	construction, or installation of facilities, works, or
13820	13820	improvements that the district is otherwise authorized to do or
13821	13821	perform so that, to the greatest extent reasonably possible,
13822	13822	considering sound engineering and economic practices, all of the
13823	13823	land and property may ultimately receive the services of the
13824	13824	facilities, works, or improvements; and
13825	13825	(D) the performance of any of the rights or
13826	13826	powers granted by this chapter or general law.
13827	13827	(b) A contract under Subsection (a)(2) may not have a
13828	13828	duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 261,
13829	13829	Sec. 5 (part).)
13830	13830	Sec. 9026.103. LIMIT ON EMINENT DOMAIN. The district may
13831	13831	exercise the power of eminent domain only:
13832	13832	(1) in a county in which the district is located; and
13833	13833	(2) when necessary to carry out the purposes for which
13834	13834	the district was created. (Acts 61st Leg., R.S., Ch. 261, Sec. 13
13835	13835	(part).)
13836	13836	Sec. 9026.104. COST OF RELOCATING OR ALTERING PROPERTY.
13837	13837	(a) In this section, "sole expense" means the actual cost of
13838	13838	relocating, raising, lowering, rerouting, changing the grade of, or
13839	13839	altering the construction of a facility described by Subsection (b)
13840	13840	in providing comparable replacement without enhancement of the
13841	13841	facility, after deducting from that cost the net salvage value of
13842	13842	the old facility.
13843	13843	(b) If the district's exercise of the power of eminent
13844	13844	domain, power of relocation, or any other power granted by this
13845	13845	chapter makes necessary the relocation, raising, rerouting,
13846	13846	changing the grade, or alteration of the construction of a highway,
13847	13847	a railroad, an electric transmission line, a telegraph or telephone
13848	13848	property or facility, or a pipeline, the necessary action shall be
13849	13849	accomplished at the sole expense of the district. (Acts 61st Leg.,
13850	13850	R.S., Ch. 261, Sec. 13 (part).)
13851	13851	Sec. 9026.105. WATER, SEWER, OR DRAINAGE CONTRACTS;
13852	13852	ELECTION NOT REQUIRED; BONDS. (a) The district and a political
13853	13853	subdivision may enter into a water, sewer, or drainage contract or
13854	13854	any combination of those contracts without an election by any
13855	13855	contracting party to approve the contract.
13856	13856	(b) The district may pay for an obligation incurred under a
13857	13857	contract under this section by issuing bonds that, if otherwise
13858	13858	necessary, have been approved by the voters in the manner provided
13859	13859	by this chapter.
13860	13860	(c) The district may deliver the district's bonds to the
13861	13861	United States or an agency or instrumentality of the United States,
13862	13862	or to this state or an agency or instrumentality of this state, that
13863	13863	enters into a contract with the district under this section. (Acts
13864	13864	61st Leg., R.S., Ch. 261, Sec. 5 (part).)
13865	13865	Sec. 9026.106. NOTICE OF ELECTION. Notice of an election
13866	13866	may be given under the hand of the board president or secretary.
13867	13867	(Acts 61st Leg., R.S., Ch. 261, Sec. 19.)
13868	13868	Sec. 9026.107. DISTRICT RULES. The district shall adopt
13869	13869	and enforce reasonable and effective rules to secure and maintain
13870	13870	safe, sanitary, and adequate plumbing installations, connections,
13871	13871	and appurtenances, as subsidiary parts of the district's sewerage
13872	13872	system, to aid in preserving the quality of water within or
13873	13873	controlled by the district. (Acts 61st Leg., R.S., Ch. 261, Sec.
13874	13874	16.)
13875	13875	[Sections 9026.108-9026.150 reserved for expansion]
13876	13876	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
13877	13877	Sec. 9026.151. TAX METHOD. (a) The district shall use the
13878	13878	ad valorem plan of taxation.
13879	13879	(b) The board is not required to call or hold a hearing on
13880	13880	the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 261,
13881	13881	Sec. 8.)
13882	13882	Sec. 9026.152. DISTRICT ACCOUNTS. The district shall keep
13883	13883	a complete system of the district's accounts. (Acts 61st Leg.,
13884	13884	R.S., Ch. 261, Sec. 14 (part).)
13885	13885	Sec. 9026.153. COPY OF AUDIT REPORT. A copy of the audit
13886	13886	report prepared under Subchapter G, Chapter 49, Water Code, shall
13887	13887	be delivered:
13888	13888	(1) to each director; and
13889	13889	(2) to a holder of at least 25 percent of the
13890	13890	outstanding bonds of the district, on request. (Acts 61st Leg.,
13891	13891	R.S., Ch. 261, Sec. 14 (part); New.)
13892	13892	Sec. 9026.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
13893	13893	The district is not required to pay a tax or assessment on:
13894	13894	(1) district property; or
13895	13895	(2) a purchase made by the district. (Acts 61st Leg.,
13896	13896	R.S., Ch. 261, Sec. 24 (part).)
13897	13897	Sec. 9026.155. DEPOSITORY. (a) The board shall select one
13898	13898	or more banks in this state to act as depository for the district's
13899	13899	money.
13900	13900	(b) To the extent that money in the depository bank is not
13901	13901	insured by the Federal Deposit Insurance Corporation, the money
13902	13902	must be secured in the manner provided by law for the security of
13903	13903	county funds.
13904	13904	(c) A director may be a shareholder in a bank that is a
13905	13905	depository of district money. (Acts 61st Leg., R.S., Ch. 261, Sec.
13906	13906	14 (part).)
13907	13907	[Sections 9026.156-9026.200 reserved for expansion]
13908	13908	SUBCHAPTER E. BONDS
13909	13909	Sec. 9026.201. ISSUANCE OF BONDS. (a) The district may
13910	13910	issue tax bonds, revenue bonds, or tax and revenue bonds to provide
13911	13911	money for any purpose of this chapter, including the acquisition of
13912	13912	land.
13913	13913	(b) The district must issue bonds in the manner provided by
13914	13914	Chapters 49 and 51, Water Code, except that the district may issue
13915	13915	bonds payable solely from net revenue by resolution or order of the
13916	13916	board without an election.
13917	13917	(c) Bonds issued under this subchapter may be payable from
13918	13918	all or any designated part of the revenue of district property and
13919	13919	facilities or under a specific contract, as provided in the order or
13920	13920	resolution authorizing the issuance of the bonds. (Acts 61st Leg.,
13921	13921	R.S., Ch. 261, Sec. 12 (part).)
13922	13922	Sec. 9026.202. ADDITIONAL SECURITY. (a) Within the
13923	13923	discretion of the board, bonds issued under this subchapter may be
13924	13924	additionally secured by a deed of trust or mortgage lien on physical
13925	13925	property of the district and franchises, easements, water rights
13926	13926	and appropriation permits, leases, contracts, and all rights
13927	13927	appurtenant to that property, vesting in the trustee:
13928	13928	(1) the power to sell the property for payment of the
13929	13929	debt;
13930	13930	(2) the power to operate the property; and
13931	13931	(3) all other powers to further secure the bonds.
13932	13932	(b) A purchaser under a sale under the deed of trust or
13933	13933	mortgage lien, if one is given:
13934	13934	(1) is the absolute owner of the property, facilities,
13935	13935	and rights purchased; and
13936	13936	(2) may maintain and operate the property and
13937	13937	facilities. (Acts 61st Leg., R.S., Ch. 261, Sec. 12 (part).)
13938	13938	Sec. 9026.203. TRUST INDENTURE. A trust indenture created
13939	13939	under Section 9026.202, regardless of the existence of a deed of
13940	13940	trust or mortgage lien on the property, may:
13941	13941	(1) contain provisions prescribed by the board for the
13942	13942	security of the bonds and the preservation of the trust estate;
13943	13943	(2) provide for amendment or modification of the trust
13944	13944	indenture;
13945	13945	(3) provide for the issuance of bonds to replace lost
13946	13946	or mutilated bonds;
13947	13947	(4) condition the right to spend district money or
13948	13948	sell district property on the approval of a licensed engineer
13949	13949	selected as provided by the trust indenture; and
13950	13950	(5) provide for the investment of district money.
13951	13951	(Acts 61st Leg., R.S., Ch. 261, Sec. 12 (part).)
13952	13952	Sec. 9026.204. ORDER OR RESOLUTION AUTHORIZING ISSUANCE OF
13953	13953	CERTAIN BONDS. (a) In an order or resolution authorizing the
13954	13954	issuance of revenue, tax-revenue, revenue refunding, or
13955	13955	tax-revenue refunding bonds, the board may:
13956	13956	(1) provide for:
13957	13957	(A) the flow of money; and
13958	13958	(B) the establishment and maintenance of the
13959	13959	interest and sinking fund, reserve fund, or other fund;
13960	13960	(2) make additional covenants with respect to the
13961	13961	bonds and the pledged revenue and the operation and maintenance of
13962	13962	the improvements and facilities the revenue of which is pledged,
13963	13963	including provisions for the operation or leasing of all or part of
13964	13964	the improvements and facilities and the use or pledge of money
13965	13965	received from the operation contract or lease as the board
13966	13966	considers appropriate;
13967	13967	(3) prohibit the further issuance of bonds or other
13968	13968	obligations payable from the pledged revenue or reserve the right
13969	13969	to issue additional bonds to be secured by a pledge of and payable
13970	13970	from the revenue on a parity with, or subordinate to, the lien and
13971	13971	pledge in support of the bonds being issued, subject to any
13972	13972	conditions set forth in the order or resolution; and
13973	13973	(4) include any other provision or covenant, as the
13974	13974	board determines, that is not prohibited by the Texas Constitution
13975	13975	or this chapter.
13976	13976	(b) The board may adopt and execute any other proceeding or
13977	13977	instrument necessary or convenient in the issuance of the bonds.
13978	13978	(Acts 61st Leg., R.S., Ch. 261, Sec. 12 (part).)
13979	13979	Sec. 9026.205. USE OF BOND PROCEEDS. (a) The district may
13980	13980	appropriate or set aside out of proceeds from the sale of district
13981	13981	bonds an amount for:
13982	13982	(1) the payment of interest, administrative, and
13983	13983	operating expenses expected to accrue during the period of
13984	13984	construction, as may be provided in the bond orders or resolutions;
13985	13985	and
13986	13986	(2) the payment of all expenses incurred and to be
13987	13987	incurred in the issuance, sale, and delivery of the bonds.
13988	13988	(b) For purposes of this section, the period of construction
13989	13989	may not exceed three years. (Acts 61st Leg., R.S., Ch. 261, Sec. 12
13990	13990	(part).)
13991	13991	CHAPTER 9029. CLEAR LAKE CITY WATER AUTHORITY
13992	13992	SUBCHAPTER A. GENERAL PROVISIONS
13993	13993	Sec. 9029.001. DEFINITIONS
13994	13994	Sec. 9029.002. NATURE OF AUTHORITY
13995	13995	Sec. 9029.003. LEGISLATIVE DECLARATION AND FINDINGS
13996	13996	Sec. 9029.004. AUTHORITY TERRITORY
13997	13997	Sec. 9029.005. CORRECTION OF INVALID PROCEDURES
13998	13998	Sec. 9029.006. LIBERAL CONSTRUCTION OF CHAPTER
13999	13999	[Sections 9029.007-9029.050 reserved for expansion]
14000	14000	SUBCHAPTER B. BOARD OF DIRECTORS
14001	14001	Sec. 9029.051. COMPOSITION OF BOARD
14002	14002	Sec. 9029.052. ELIGIBILITY
14003	14003	Sec. 9029.053. OFFICERS
14004	14004	Sec. 9029.054. DIRECTOR'S AND TREASURER'S BONDS
14005	14005	[Sections 9029.055-9029.100 reserved for expansion]
14006	14006	SUBCHAPTER C. POWERS AND DUTIES
14007	14007	Sec. 9029.101. WATER CONTROL AND IMPROVEMENT DISTRICT
14008	14008	POWERS
14009	14009	Sec. 9029.102. ADDITIONAL POWERS
14010	14010	Sec. 9029.103. CONTRACT FOR DEVELOPMENT OF LAND AND
14011	14011	PROPERTY
14012	14012	Sec. 9029.104. ELECTION NOT REQUIRED FOR CERTAIN
14013	14013	CONTRACTS
14014	14014	Sec. 9029.105. COST OF RELOCATING OR ALTERING PROPERTY
14015	14015	Sec. 9029.106. BID ON PROPOSED CONSTRUCTION WORK
14016	14016	[Sections 9029.107-9029.150 reserved for expansion]
14017	14017	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
14018	14018	Sec. 9029.151. TAX METHOD
14019	14019	Sec. 9029.152. AUTHORITY ACCOUNTS
14020	14020	Sec. 9029.153. FISCAL YEAR
14021	14021	Sec. 9029.154. COPY OF AUDIT REPORT
14022	14022	Sec. 9029.155. PAYMENT OF TAX OR ASSESSMENT NOT
14023	14023	REQUIRED
14024	14024	Sec. 9029.156. POWER TO BORROW MONEY AND ACCEPT GRANTS
14025	14025	OR OTHER SUPPORT
14026	14026	Sec. 9029.157. DEPOSITORY
14027	14027	[Sections 9029.158-9029.200 reserved for expansion]
14028	14028	SUBCHAPTER E. BONDS
14029	14029	Sec. 9029.201. AUTHORITY TO ISSUE BONDS
14030	14030	Sec. 9029.202. ISSUANCE OF REVENUE BONDS
14031	14031	Sec. 9029.203. BONDS EXEMPT FROM TAXATION
14032	14032	CHAPTER 9029. CLEAR LAKE CITY WATER AUTHORITY
14033	14033	SUBCHAPTER A. GENERAL PROVISIONS
14034	14034	Sec. 9029.001. DEFINITIONS. In this chapter:
14035	14035	(1) "Authority" means the Clear Lake City Water
14036	14036	Authority.
14037	14037	(2) "Board" means the authority's board of directors.
14038	14038	(3) "Director" means a board member. (Acts 58th Leg.,
14039	14039	R.S., Ch. 101, Sec. 1 (part); New.)
14040	14040	Sec. 9029.002. NATURE OF AUTHORITY. The authority is a
14041	14041	conservation and reclamation district in Harris County created
14042	14042	under Section 59, Article XVI, Texas Constitution. (Acts 58th
14043	14043	Leg., R.S., Ch. 101, Sec. 1 (part).)
14044	14044	Sec. 9029.003. LEGISLATIVE DECLARATION AND FINDINGS. (a)
14045	14045	The legislature declares that:
14046	14046	(1) the creation of the authority is essential to
14047	14047	accomplish the purposes of Section 59, Article XVI, Texas
14048	14048	Constitution; and
14049	14049	(2) this chapter addresses a subject in which the
14050	14050	state and general public are interested.
14051	14051	(b) The legislature finds that:
14052	14052	(1) all land and other property included in the
14053	14053	boundaries of the authority will benefit from the works and
14054	14054	projects accomplished by the authority under the powers conferred
14055	14055	by Section 59, Article XVI, Texas Constitution; and
14056	14056	(2) the authority is created to serve a public use and
14057	14057	benefit.
14058	14058	(c) The accomplishment of the purposes stated in this
14059	14059	chapter is for the benefit of the people of this state and for the
14060	14060	improvement of their property and industries. The authority in
14061	14061	carrying out the purposes of this chapter will be performing an
14062	14062	essential public function under the Texas Constitution. (Acts 58th
14063	14063	Leg., R.S., Ch. 101, Secs. 1 (part), 3, 15 (part), 16 (part).)
14064	14064	Sec. 9029.004. AUTHORITY TERRITORY. (a) The authority is
14065	14065	composed of the territory described by Section 2, Chapter 101, Acts
14066	14066	of the 58th Legislature, Regular Session, 1963, as that territory
14067	14067	may have been modified under:
14068	14068	(1) Subchapter O, Chapter 51, Water Code;
14069	14069	(2) Subchapter J, Chapter 49, Water Code;
14070	14070	(3) Section 20, Chapter 101, Acts of the 58th
14071	14071	Legislature, Regular Session, 1963; or
14072	14072	(4) other law.
14073	14073	(b) The boundaries of the authority form a closure. A
14074	14074	mistake in the field notes or in copying the field notes in the
14075	14075	legislative process does not affect:
14076	14076	(1) the authority's organization, existence, or
14077	14077	validity;
14078	14078	(2) the authority's right to issue bonds or to pay the
14079	14079	principal of and interest on the bonds;
14080	14080	(3) the authority's right to impose a tax; or
14081	14081	(4) the legality or operation of the authority or the
14082	14082	board. (Acts 58th Leg., R.S., Ch. 101, Secs. 4, 20; New.)
14083	14083	Sec. 9029.005. CORRECTION OF INVALID PROCEDURES. If a
14084	14084	court holds that any procedure under this chapter violates the
14085	14085	constitution of this state or of the United States, the authority by
14086	14086	resolution may provide an alternative procedure that conforms with
14087	14087	the constitution. (Acts 58th Leg., R.S., Ch. 101, Sec. 17 (part).)
14088	14088	Sec. 9029.006. LIBERAL CONSTRUCTION OF CHAPTER. This
14089	14089	chapter shall be liberally construed to effect the purposes,
14090	14090	powers, and rights stated in this chapter. (Acts 58th Leg., R.S.,
14091	14091	Ch. 101, Sec. 16 (part).)
14092	14092	[Sections 9029.007-9029.050 reserved for expansion]
14093	14093	SUBCHAPTER B. BOARD OF DIRECTORS
14094	14094	Sec. 9029.051. COMPOSITION OF BOARD. The board consists of
14095	14095	five elected directors. (Acts 58th Leg., R.S., Ch. 101, Sec. 10
14096	14096	(part).)
14097	14097	Sec. 9029.052. ELIGIBILITY. A person may not be appointed
14098	14098	or elected a director unless the person:
14099	14099	(1) owns taxable property in the authority; and
14100	14100	(2) resides in the authority. (Acts 58th Leg., R.S.,
14101	14101	Ch. 101, Sec. 10 (part).)
14102	14102	Sec. 9029.053. OFFICERS. (a) The board shall elect from
14103	14103	among its members a president, secretary, and any other officers
14104	14104	the board determines are necessary.
14105	14105	(b) The board may appoint a treasurer. (Acts 58th Leg.,
14106	14106	R.S., Ch. 101, Sec. 10 (part).)
14107	14107	Sec. 9029.054. DIRECTOR'S AND TREASURER'S BONDS. (a) Each
14108	14108	director shall give bond in the amount of $5,000 for the faithful
14109	14109	performance of the director's duties.
14110	14110	(b) The treasurer shall give bond in the amount required by
14111	14111	the board, conditioned on the treasurer's faithful accounting for
14112	14112	all money that comes into the treasurer's custody as authority
14113	14113	treasurer. (Acts 58th Leg., R.S., Ch. 101, Sec. 10 (part).)
14114	14114	[Sections 9029.055-9029.100 reserved for expansion]
14115	14115	SUBCHAPTER C. POWERS AND DUTIES
14116	14116	Sec. 9029.101. WATER CONTROL AND IMPROVEMENT DISTRICT
14117	14117	POWERS. The authority has the rights, powers, privileges, and
14118	14118	functions provided by general law applicable to a water control and
14119	14119	improvement district created under Section 59, Article XVI, Texas
14120	14120	Constitution, including Chapters 49 and 51, Water Code. (Acts 58th
14121	14121	Leg., R.S., Ch. 101, Sec. 5 (part); New.)
14122	14122	Sec. 9029.102. ADDITIONAL POWERS. (a) The authority may:
14123	14123	(1) purchase, construct, or otherwise acquire and
14124	14124	accomplish by any practical means a waterworks system, sanitary
14125	14125	sewer system, storm sewer system, or drainage facility or any part
14126	14126	of those systems or facilities;
14127	14127	(2) make any necessary purchase, construction,
14128	14128	improvement, extension, addition, or repair to a system or facility
14129	14129	described by Subdivision (1);
14130	14130	(3) purchase or acquire, operate, and maintain any
14131	14131	land, right-of-way, easement, site, equipment, building, plant,
14132	14132	structure, or facility necessary to a system or facility described
14133	14133	by Subdivision (1); and
14134	14134	(4) sell water and other services at rates fixed by the
14135	14135	authority.
14136	14136	(b) The authority may exercise any of the rights or powers
14137	14137	granted by this chapter inside or outside the authority's
14138	14138	boundaries. (Acts 58th Leg., R.S., Ch. 101, Sec. 7 (part).)
14139	14139	Sec. 9029.103. CONTRACT FOR DEVELOPMENT OF LAND AND
14140	14140	PROPERTY. The authority may enter into a contract with a political
14141	14141	subdivision or with an owner, developer, or lessee of land and
14142	14142	property as necessary or appropriate to a continuing and orderly
14143	14143	plan of development of the land and property through the purchase,
14144	14144	construction, or installation of facilities, works, or
14145	14145	improvements that the authority is otherwise authorized to do or
14146	14146	perform so that, to the greatest extent reasonably possible,
14147	14147	considering sound engineering and economic practices, all of the
14148	14148	land may, under the contract, ultimately receive the services of
14149	14149	the facilities, works, or improvements. (Acts 58th Leg., R.S., Ch.
14150	14150	101, Sec. 9 (part).)
14151	14151	Sec. 9029.104. ELECTION NOT REQUIRED FOR CERTAIN CONTRACTS.
14152	14152	A municipality may enter into a water, sewer, or drainage contract,
14153	14153	or any combination of those contracts, with the authority without
14154	14154	the necessity of an election by any contracting party to approve the
14155	14155	contract. (Acts 58th Leg., R.S., Ch. 101, Sec. 9 (part).)
14156	14156	Sec. 9029.105. COST OF RELOCATING OR ALTERING PROPERTY.
14157	14157	(a) In this section, "sole expense" means the actual cost of
14158	14158	relocating, raising, lowering, rerouting, changing the grade of, or
14159	14159	altering the construction of a facility described by Subsection (b)
14160	14160	in providing comparable replacement without enhancement of the
14161	14161	facility, after deducting from that cost the net salvage value of
14162	14162	the old facility.
14163	14163	(b) If the authority's exercise of the power of eminent
14164	14164	domain, the power of relocation, or any other power makes necessary
14165	14165	the relocation, raising, rerouting, changing the grade, or
14166	14166	alteration of the construction of a highway, a railroad, an
14167	14167	electric transmission line, a telephone or telegraph property or
14168	14168	facility, or a pipeline, the necessary action shall be accomplished
14169	14169	at the sole expense of the authority. (Acts 58th Leg., R.S., Ch.
14170	14170	101, Sec. 11.)
14171	14171	Sec. 9029.106. BID ON PROPOSED CONSTRUCTION WORK. (a) A
14172	14172	person who submits a written sealed bid on proposed construction
14173	14173	work for the authority must submit with the bid an amount equal to
14174	14174	at least five percent of the total amount of the bid in the form of
14175	14175	a:
14176	14176	(1) certified or cashier's check on a responsible bank
14177	14177	in this state; or
14178	14178	(2) bidder's bond.
14179	14179	(b) If a successful bidder fails or refuses to enter into a
14180	14180	proper contract with the authority or provide a bond required by
14181	14181	law, the bidder forfeits the amount of the check or bond that
14182	14182	accompanied the bidder's bid. (Acts 58th Leg., R.S., Ch. 101, Sec.
14183	14183	19.)
14184	14184	[Sections 9029.107-9029.150 reserved for expansion]
14185	14185	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
14186	14186	Sec. 9029.151. TAX METHOD. (a) The authority shall use the
14187	14187	ad valorem plan of taxation.
14188	14188	(b) The board is not required to call a hearing on the
14189	14189	adoption of a plan of taxation. (Acts 58th Leg., R.S., Ch. 101,
14190	14190	Sec. 6 (part).)
14191	14191	Sec. 9029.152. AUTHORITY ACCOUNTS. The authority shall
14192	14192	keep a complete system of the authority's accounts. (Acts 58th
14193	14193	Leg., R.S., Ch. 101, Sec. 14 (part).)
14194	14194	Sec. 9029.153. FISCAL YEAR. The fiscal year of the
14195	14195	authority is from October 1 to September 30 of the following year,
14196	14196	unless changed by the board. (Acts 58th Leg., R.S., Ch. 101, Sec.
14197	14197	14 (part).)
14198	14198	Sec. 9029.154. COPY OF AUDIT REPORT. A copy of the audit
14199	14199	report prepared under Subchapter G, Chapter 49, Water Code, shall
14200	14200	be delivered:
14201	14201	(1) to each director; and
14202	14202	(2) to a holder of at least 25 percent of the
14203	14203	outstanding bonds of the authority, on request. (Acts 58th Leg.,
14204	14204	R.S., Ch. 101, Sec. 14 (part); New.)
14205	14205	Sec. 9029.155. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
14206	14206	The authority is not required to pay a tax or assessment on
14207	14207	authority property or any part of authority property. (Acts 58th
14208	14208	Leg., R.S., Ch. 101, Sec. 15 (part).)
14209	14209	Sec. 9029.156. POWER TO BORROW MONEY AND ACCEPT GRANTS OR
14210	14210	OTHER SUPPORT. (a) The authority may borrow money for the
14211	14211	authority's corporate purposes, including taking a loan or
14212	14212	accepting a grant, gratuity, or other support from the United
14213	14213	States, this state, or a corporation or agency created or
14214	14214	designated by the United States or this state.
14215	14215	(b) In connection with the loan, grant, or other support,
14216	14216	the authority may enter into any arrangement the board considers
14217	14217	advisable. (Acts 58th Leg., R.S., Ch. 101, Sec. 12 (part).)
14218	14218	Sec. 9029.157. DEPOSITORY. (a) The board shall designate
14219	14219	one or more banks inside or outside the authority to serve as a
14220	14220	depository for authority money.
14221	14221	(b) All authority money shall be deposited in a depository
14222	14222	bank, except that sufficient money shall be remitted to the
14223	14223	appropriate bank of payment to pay the principal of and interest on
14224	14224	the authority's outstanding bonds on or before the maturity date of
14225	14225	the principal and interest.
14226	14226	(c) To the extent that money in a depository bank is not
14227	14227	insured by the Federal Deposit Insurance Corporation, the money
14228	14228	must be secured in the manner provided by law for the security of
14229	14229	county funds. (Acts 58th Leg., R.S., Ch. 101, Sec. 13.)
14230	14230	[Sections 9029.158-9029.200 reserved for expansion]
14231	14231	SUBCHAPTER E. BONDS
14232	14232	Sec. 9029.201. AUTHORITY TO ISSUE BONDS. The authority may
14233	14233	issue bonds for an authority purpose. (Acts 58th Leg., R.S., Ch.
14234	14234	101, Sec. 7 (part).)
14235	14235	Sec. 9029.202. ISSUANCE OF REVENUE BONDS. The board may
14236	14236	issue, by resolution and without a hearing or an election, bonds
14237	14237	payable solely from net revenue of the authority's operation or
14238	14238	from the proceeds of any contract for the authority's services.
14239	14239	(Acts 58th Leg., R.S., Ch. 101, Sec. 12 (part).)
14240	14240	Sec. 9029.203. BONDS EXEMPT FROM TAXATION. An authority
14241	14241	bond, the transfer of the bond, and income from the bond, including
14242	14242	profits made on the sale of the bond, are exempt from taxation in
14243	14243	this state. (Acts 58th Leg., R.S., Ch. 101, Sec. 15 (part).)
14244	14244	CHAPTER 9032. COKE COUNTY KICKAPOO WATER CONTROL AND
14245	14245	IMPROVEMENT DISTRICT NO. 1
14246	14246	SUBCHAPTER A. GENERAL PROVISIONS
14247	14247	Sec. 9032.001. DEFINITIONS
14248	14248	Sec. 9032.002. NATURE OF DISTRICT
14249	14249	Sec. 9032.003. FINDINGS OF BENEFIT
14250	14250	Sec. 9032.004. APPLICABILITY OF OTHER WATER CONTROL
14251	14251	AND IMPROVEMENT DISTRICT LAW
14252	14252	[Sections 9032.005-9032.050 reserved for expansion]
14253	14253	SUBCHAPTER B. DISTRICT TERRITORY
14254	14254	Sec. 9032.051. DISTRICT TERRITORY
14255	14255	Sec. 9032.052. HEARING FOR EXCLUSION OF TERRITORY
14256	14256	[Sections 9032.053-9032.100 reserved for expansion]
14257	14257	SUBCHAPTER C. BOARD OF DIRECTORS
14258	14258	Sec. 9032.101. COMPOSITION OF BOARD
14259	14259	Sec. 9032.102. QUALIFICATIONS FOR OFFICE
14260	14260	Sec. 9032.103. ELECTION OF DIRECTORS
14261	14261	Sec. 9032.104. ELECTION RESULTS
14262	14262	Sec. 9032.105. BALLOT PROCEDURE FOR CANDIDATES
14263	14263	Sec. 9032.106. DIRECTOR'S BOND
14264	14264	Sec. 9032.107. VOTE BY BOARD PRESIDENT
14265	14265	Sec. 9032.108. ABSENCE OR INACTION OF BOARD PRESIDENT
14266	14266	Sec. 9032.109. APPOINTMENT OR EMPLOYMENT OF SECRETARY
14267	14267	AND TREASURER
14268	14268	Sec. 9032.110. SECRETARY'S BOND
14269	14269	Sec. 9032.111. EMPLOYEES
14270	14270	Sec. 9032.112. SEAL
14271	14271	[Sections 9032.113-9032.150 reserved for expansion]
14272	14272	SUBCHAPTER D. POWERS AND DUTIES
14273	14273	Sec. 9032.151. GENERAL POWERS
14274	14274	Sec. 9032.152. WATER CONTROL AND IMPROVEMENT DISTRICT
14275	14275	POWERS
14276	14276	Sec. 9032.153. CONTROL OF WATER AND FLOODWATER;
14277	14277	RECLAMATION
14278	14278	Sec. 9032.154. POWERS RELATING TO THE WATER OF
14279	14279	KICKAPOO CREEKS; SURVEYS, MAPS, AND
14280	14280	PLANS
14281	14281	Sec. 9032.155. GENERAL PROPERTY POWER
14282	14282	Sec. 9032.156. COST OF RELOCATING OR ALTERING PROPERTY
14283	14283	Sec. 9032.157. SURVEYS; ENGINEERING INVESTIGATIONS
14284	14284	Sec. 9032.158. EQUIPMENT; SUPPLIES
14285	14285	Sec. 9032.159. COOPERATION IN WILDLIFE PROGRAMS
14286	14286	[Sections 9032.160-9032.200 reserved for expansion]
14287	14287	SUBCHAPTER E. TAXES
14288	14288	Sec. 9032.201. HEARING ON CHANGE IN METHOD OF
14289	14289	TAXATION; LIMITATION
14290	14290	Sec. 9032.202. MAINTENANCE TAX ELECTION PROCEDURES
14291	14291	Sec. 9032.203. MAINTENANCE TAX RATE
14292	14292	[Sections 9032.204-9032.250 reserved for expansion]
14293	14293	SUBCHAPTER F. BONDS
14294	14294	Sec. 9032.251. ISSUANCE OF BONDS
14295	14295	Sec. 9032.252. PLEDGE OF REVENUE TO PAY BONDS
14296	14296	CHAPTER 9032. COKE COUNTY KICKAPOO WATER CONTROL AND
14297	14297	IMPROVEMENT DISTRICT NO. 1
14298	14298	SUBCHAPTER A. GENERAL PROVISIONS
14299	14299	Sec. 9032.001. DEFINITIONS. In this chapter:
14300	14300	(1) "Board" means the district's board of directors.
14301	14301	(2) "Director" means a board member.
14302	14302	(3) "District" means the Coke County Kickapoo Water
14303	14303	Control and Improvement District No. 1. (Acts 56th Leg., 1st C.S.,
14304	14304	Ch. 17, Sec. 1 (part); New.)
14305	14305	Sec. 9032.002. NATURE OF DISTRICT. The district is a
14306	14306	conservation, reclamation, and improvement district in Coke
14307	14307	County. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 1 (part).)
14308	14308	Sec. 9032.003. FINDINGS OF BENEFIT. All territory included
14309	14309	in the district will benefit from the works and projects
14310	14310	accomplished by the district under the powers conferred by Section
14311	14311	59, Article XVI, Texas Constitution. (Acts 56th Leg., 1st C.S., Ch.
14312	14312	17, Sec. 2 (part).)
14313	14313	Sec. 9032.004. APPLICABILITY OF OTHER WATER CONTROL AND
14314	14314	IMPROVEMENT DISTRICT LAW. Except as provided in this chapter,
14315	14315	general laws pertaining to water control and improvement districts
14316	14316	govern the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 15
14317	14317	(part).)
14318	14318	[Sections 9032.005-9032.050 reserved for expansion]
14319	14319	SUBCHAPTER B. DISTRICT TERRITORY
14320	14320	Sec. 9032.051. DISTRICT TERRITORY. The district is
14321	14321	composed of the territory described by Section 2, Chapter 17, Acts
14322	14322	of the 56th Legislature, 1st Called Session, 1959, as that
14323	14323	territory may have been modified under:
14324	14324	(1) Subchapter O, Chapter 51, Water Code;
14325	14325	(2) Subchapter J, Chapter 49, Water Code; or
14326	14326	(3) other law. (Acts 56th Leg., 1st C.S., Ch. 17, Sec.
14327	14327	1 (part); New.)
14328	14328	Sec. 9032.052. HEARING FOR EXCLUSION OF TERRITORY. A
14329	14329	hearing is not required for the exclusion of territory from the
14330	14330	district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 6 (part).)
14331	14331	[Sections 9032.053-9032.100 reserved for expansion]
14332	14332	SUBCHAPTER C. BOARD OF DIRECTORS
14333	14333	Sec. 9032.101. COMPOSITION OF BOARD. The board is composed
14334	14334	of five elected directors. (Acts 56th Leg., 1st C.S., Ch. 17, Sec.
14335	14335	16 (part).)
14336	14336	Sec. 9032.102. QUALIFICATIONS FOR OFFICE. A director must
14337	14337	be:
14338	14338	(1) at least 18 years of age;
14339	14339	(2) a resident of the state and district; and
14340	14340	(3) an owner of taxable property in the district.
14341	14341	(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 16 (part).)
14342	14342	Sec. 9032.103. ELECTION OF DIRECTORS. (a) An election
14343	14343	order for a directors' election must state the time, place, and
14344	14344	purpose of the election.
14345	14345	(b) Notice of a directors' election must be published in a
14346	14346	newspaper of general circulation in the district for two
14347	14347	consecutive weeks in not less than two publications at least 20 days
14348	14348	before the date of the election. (Acts 56th Leg., 1st C.S., Ch. 17,
14349	14349	Sec. 16 (part).)
14350	14350	Sec. 9032.104. ELECTION RESULTS. (a) The candidates
14351	14351	receiving the highest number of votes shall be elected.
14352	14352	(b) The board shall declare the results of the election.
14353	14353	(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 16 (part).)
14354	14354	Sec. 9032.105. BALLOT PROCEDURE FOR CANDIDATES. (a) A
14355	14355	person who wants the person's name printed on the ballot as a
14356	14356	candidate for director must submit a petition to the board
14357	14357	secretary requesting that action.
14358	14358	(b) The petition must be:
14359	14359	(1) signed by at least 15 qualified voters; and
14360	14360	(2) presented to the board secretary not later than
14361	14361	the 21st day before the date of the election. (Acts 56th Leg., 1st
14362	14362	C.S., Ch. 17, Sec. 16 (part).)
14363	14363	Sec. 9032.106. DIRECTOR'S BOND. Each director shall make
14364	14364	bond in the amount of $5,000 payable to the county judge of Coke
14365	14365	County for the faithful performance of the director's duties.
14366	14366	(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 16 (part).)
14367	14367	Sec. 9032.107. VOTE BY BOARD PRESIDENT. The president has
14368	14368	the same right to vote as any other director. (Acts 56th Leg., 1st
14369	14369	C.S., Ch. 17, Sec. 17 (part).)
14370	14370	Sec. 9032.108. ABSENCE OR INACTION OF BOARD PRESIDENT.
14371	14371	When the board president is absent or fails or declines to act, the
14372	14372	board vice president shall perform all duties and exercise all
14373	14373	power this chapter gives the president. (Acts 56th Leg., 1st C.S.,
14374	14374	Ch. 17, Sec. 17 (part).)
14375	14375	Sec. 9032.109. APPOINTMENT OR EMPLOYMENT OF SECRETARY AND
14376	14376	TREASURER. (a) The board may appoint or employ a secretary. The
14377	14377	secretary shall also serve as treasurer.
14378	14378	(b) The secretary is not required to be a director. (Acts
14379	14379	56th Leg., 1st C.S., Ch. 17, Sec. 17 (part).)
14380	14380	Sec. 9032.110. SECRETARY'S BOND. (a) The secretary shall
14381	14381	make bond in an amount required by the board, conditioned on the
14382	14382	secretary's faithfully accounting for all money that comes into the
14383	14383	secretary's custody as district treasurer.
14384	14384	(b) The bond must be payable to the order of the county judge
14385	14385	of Coke County. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 17 (part).)
14386	14386	Sec. 9032.111. EMPLOYEES. The board may employ a general
14387	14387	manager, attorney, engineer, or other technical or nontechnical
14388	14388	employees or assistants and set the amount and manner of their
14389	14389	compensation. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 18 (part).)
14390	14390	Sec. 9032.112. SEAL. The board may adopt a seal for the
14391	14391	district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 19.)
14392	14392	[Sections 9032.113-9032.150 reserved for expansion]
14393	14393	SUBCHAPTER D. POWERS AND DUTIES
14394	14394	Sec. 9032.151. GENERAL POWERS. (a) The district may
14395	14395	exercise the rights, privileges, functions, and authority granted
14396	14396	water control and improvement districts by:
14397	14397	(1) Chapters 49 and 51, Water Code; and
14398	14398	(2) all other laws relating to water control and
14399	14399	improvement districts.
14400	14400	(b) To the extent a general law described by Subsection (a)
14401	14401	conflicts or is inconsistent with this chapter, this chapter
14402	14402	prevails. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 1 (part).)
14403	14403	Sec. 9032.152. WATER CONTROL AND IMPROVEMENT DISTRICT
14404	14404	POWERS. To accomplish a purpose for which the district is created,
14405	14405	the district has the powers conferred by the general laws of this
14406	14406	state on water control and improvement districts, including the
14407	14407	power to:
14408	14408	(1) construct, acquire, improve, maintain, and repair
14409	14409	a dam or other structure; and
14410	14410	(2) acquire land easements, rights, property, or
14411	14411	equipment needed to use, control, or distribute water that may be
14412	14412	impounded, diverted, or controlled by the district. (Acts 56th
14413	14413	Leg., 1st C.S., Ch. 17, Sec. 5.)
14414	14414	Sec. 9032.153. CONTROL OF WATER AND FLOODWATER;
14415	14415	RECLAMATION. The district has the power to:
14416	14416	(1) control, store, preserve, and distribute the water
14417	14417	and floodwater in the district for the irrigation of arid land,
14418	14418	conservation, preservation, reclamation, and drainage of the lands
14419	14419	in the district;
14420	14420	(2) carry out flood prevention measures to prevent
14421	14421	damage to land and other property in the district; and
14422	14422	(3) reclaim lands heretofore damaged because of the
14423	14423	failure to provide the facilities authorized under this chapter.
14424	14424	(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 4.)
14425	14425	Sec. 9032.154. POWERS RELATING TO THE WATER OF KICKAPOO
14426	14426	CREEKS; SURVEYS, MAPS, AND PLANS. (a) The district may conduct
14427	14427	preliminary surveys and develop and map out a plan for the control
14428	14428	and use of the water of Kickapoo Creeks to the end that improvements
14429	14429	on any part of the watershed will be mechanically and economically
14430	14430	related to the improvements of the entire watershed.
14431	14431	(b) On the completion of the survey, map, or plan and the
14432	14432	adoption of the survey, map, or plan by the board, a certified copy
14433	14433	of the survey, map, or plan must be filed for informational purposes
14434	14434	with the Texas Commission on Environmental Quality. (Acts 56th
14435	14435	Leg., 1st C.S., Ch. 17, Sec. 3.)
14436	14436	Sec. 9032.155. GENERAL PROPERTY POWER. In addition to
14437	14437	powers granted the district under other law, the district has the
14438	14438	power to purchase, construct, maintain, condemn, or in any other
14439	14439	manner acquire, provide, and develop all works, facilities,
14440	14440	improvements, lands, easements, rights, and other properties in the
14441	14441	district that may be necessary or useful in fulfilling the purposes
14442	14442	of the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 7.)
14443	14443	Sec. 9032.156. COST OF RELOCATING OR ALTERING PROPERTY. If
14444	14444	the district's exercise of the power of eminent domain, the power of
14445	14445	relocation, or any other power granted under this chapter makes
14446	14446	necessary the relocating, raising, rerouting, changing grades of,
14447	14447	or altering the construction of any highway, railroad, electric
14448	14448	transmission line, pipeline, telephone, or telegraph property or
14449	14449	facility, the necessary action shall be accomplished at the sole
14450	14450	expense of the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 15
14451	14451	(part).)
14452	14452	Sec. 9032.157. SURVEYS; ENGINEERING INVESTIGATIONS. The
14453	14453	board may conduct or provide for surveys and engineering
14454	14454	investigations for the district and its associates or affiliates to
14455	14455	accomplish district purposes. (Acts 56th Leg., 1st C.S., Ch. 17,
14456	14456	Sec. 18 (part).)
14457	14457	Sec. 9032.158. EQUIPMENT; SUPPLIES. The board may provide
14458	14458	equipment and supplies considered essential to properly maintain
14459	14459	the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 18 (part).)
14460	14460	Sec. 9032.159. COOPERATION IN WILDLIFE PROGRAMS. The
14461	14461	district may cooperate with state, federal, and other agencies and
14462	14462	groups in wildlife programs that are:
14463	14463	(1) not inconsistent with the purposes of this
14464	14464	chapter; and
14465	14465	(2) designed to improve the general habitat of
14466	14466	wildlife and promote the general propagation of wildlife. (Acts
14467	14467	56th Leg., 1st C.S., Ch. 17, Sec. 14.)
14468	14468	[Sections 9032.160-9032.200 reserved for expansion]
14469	14469	SUBCHAPTER E. TAXES
14470	14470	Sec. 9032.201. HEARING ON CHANGE IN METHOD OF TAXATION;
14471	14471	LIMITATION. (a) Except as provided by Subsection (b), the district
14472	14472	may call a hearing to consider changing the method of taxation.
14473	14473	(b) Once district bonds are approved by the attorney general
14474	14474	or district court, the district may not change the plan of taxation.
14475	14475	(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 11 (part).)
14476	14476	Sec. 9032.202. MAINTENANCE TAX ELECTION PROCEDURES. (a) A
14477	14477	maintenance tax election shall be called and notice given in the
14478	14478	same manner as for a bond election.
14479	14479	(b) This chapter does not prevent the calling of a later
14480	14480	maintenance tax election to establish or increase the amount of tax
14481	14481	if the board determines that a maintenance tax election is
14482	14482	required. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 9 (part).)
14483	14483	Sec. 9032.203. MAINTENANCE TAX RATE. In calling a
14484	14484	maintenance tax election, the board must specify the maximum
14485	14485	proposed tax rate. To impose a maintenance tax at a rate that
14486	14486	exceeds the maximum proposed rate approved by the voters, the board
14487	14487	must submit the question of a tax rate increase to the voters.
14488	14488	(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 9 (part).)
14489	14489	[Sections 9032.204-9032.250 reserved for expansion]
14490	14490	SUBCHAPTER F. BONDS
14491	14491	Sec. 9032.251. ISSUANCE OF BONDS. To accomplish a district
14492	14492	purpose, the district may issue bonds as provided by general law for
14493	14493	water control and improvement districts to obtain money necessary
14494	14494	to furnish land, easements, or improvements, to maintain a
14495	14495	structure, or for channeling, or other works of improvement
14496	14496	performed or constructed by the district or others in cooperation
14497	14497	with the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 8
14498	14498	(part).)
14499	14499	Sec. 9032.252. PLEDGE OF REVENUE TO PAY BONDS. When the
14500	14500	board selects a plan of taxation, the board may pledge district
14501	14501	revenue to pay bonds authorized by voters. (Acts 56th Leg., 1st
14502	14502	C.S., Ch. 17, Sec. 10.)
14503	14503	CHAPTER 9033. COMMODORE COVE IMPROVEMENT DISTRICT
14504	14504	SUBCHAPTER A. GENERAL PROVISIONS
14505	14505	Sec. 9033.001. DEFINITIONS
14506	14506	Sec. 9033.002. NATURE OF DISTRICT
14507	14507	Sec. 9033.003. FINDINGS OF PUBLIC BENEFIT AND PUBLIC
14508	14508	PURPOSE
14509	14509	Sec. 9033.004. DISTRICT TERRITORY
14510	14510	Sec. 9033.005. EXPANSION OF DISTRICT
14511	14511	Sec. 9033.006. HEARINGS FOR EXCLUSION OF LAND
14512	14512	[Sections 9033.007-9033.050 reserved for expansion]
14513	14513	SUBCHAPTER B. DISTRICT ADMINISTRATION
14514	14514	Sec. 9033.051. BOARD OF DIRECTORS
14515	14515	Sec. 9033.052. NOTICE OF DIRECTORS' ELECTION
14516	14516	Sec. 9033.053. DIRECTOR'S BOND
14517	14517	Sec. 9033.054. DUTY OF SECRETARY; ABSENCE OF SECRETARY
14518	14518	FROM BOARD MEETING
14519	14519	Sec. 9033.055. VOTE BY BOARD PRESIDENT
14520	14520	Sec. 9033.056. ABSENCE OR INACTION OF BOARD PRESIDENT
14521	14521	[Sections 9033.057-9033.100 reserved for expansion]
14522	14522	SUBCHAPTER C. POWERS AND DUTIES
14523	14523	Sec. 9033.101. WATER CONTROL AND IMPROVEMENT DISTRICT
14524	14524	POWERS
14525	14525	Sec. 9033.102. ADDITIONAL POWERS
14526	14526	Sec. 9033.103. LIMIT ON EMINENT DOMAIN POWER
14527	14527	Sec. 9033.104. COST OF RELOCATING OR ALTERING PROPERTY
14528	14528	Sec. 9033.105. NOTICE OF ELECTION
14529	14529	[Sections 9033.106-9033.150 reserved for expansion]
14530	14530	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
14531	14531	Sec. 9033.151. TAX METHOD
14532	14532	Sec. 9033.152. DEPOSITORY
14533	14533	Sec. 9033.153. PAYMENT OF TAX OR ASSESSMENT NOT
14534	14534	REQUIRED
14535	14535	[Sections 9033.154-9033.200 reserved for expansion]
14536	14536	SUBCHAPTER E. BONDS
14537	14537	Sec. 9033.201. AUTHORITY TO ISSUE BONDS
14538	14538	Sec. 9033.202. EXCHANGING BONDS FOR PROPERTY OR WORK
14539	14539	Sec. 9033.203. FAILED BOND ELECTION
14540	14540	Sec. 9033.204. BONDS EXEMPT FROM TAXATION
14541	14541	CHAPTER 9033. COMMODORE COVE IMPROVEMENT DISTRICT
14542	14542	SUBCHAPTER A. GENERAL PROVISIONS
14543	14543	Sec. 9033.001. DEFINITIONS. In this chapter:
14544	14544	(1) "Board" means the district's board of directors.
14545	14545	(2) "Director" means a board member.
14546	14546	(3) "District" means the Commodore Cove Improvement
14547	14547	District. (Acts 59th Leg., R.S., Ch. 598, Sec. 1 (part); New.)
14548	14548	Sec. 9033.002. NATURE OF DISTRICT. The district is a
14549	14549	conservation and reclamation district in Brazoria County created
14550	14550	under Section 59, Article XVI, Texas Constitution. (Acts 59th
14551	14551	Leg., R.S., Ch. 598, Sec. 1 (part).)
14552	14552	Sec. 9033.003. FINDINGS OF PUBLIC BENEFIT AND PUBLIC
14553	14553	PURPOSE. (a) The district is created to serve a public use and
14554	14554	benefit.
14555	14555	(b) All land and other property included in the boundaries
14556	14556	of the district will benefit from the works and projects
14557	14557	accomplished by the district under the powers conferred by Section
14558	14558	59, Article XVI, Texas Constitution.
14559	14559	(c) The creation of the district is essential to accomplish
14560	14560	the purposes of Section 59, Article XVI, Texas Constitution.
14561	14561	(d) The accomplishment of the purposes stated in this
14562	14562	chapter is for the benefit of the people of this state and for the
14563	14563	improvement of their property and industries. The district in
14564	14564	carrying out the purposes of this chapter will be performing an
14565	14565	essential public function under the Texas Constitution. (Acts 59th
14566	14566	Leg., R.S., Ch. 598, Secs. 1 (part), 4, 22 (part).)
14567	14567	Sec. 9033.004. DISTRICT TERRITORY. (a) The district is
14568	14568	composed of the territory described by Section 2, Chapter 598, Acts
14569	14569	of the 59th Legislature, Regular Session, 1965, as that territory
14570	14570	may have been modified under:
14571	14571	(1) Subchapter O, Chapter 51, Water Code;
14572	14572	(2) Subchapter J, Chapter 49, Water Code;
14573	14573	(3) Section 9033.005 of this chapter or its
14574	14574	predecessor statute, former Section 16, Chapter 598, Acts of the
14575	14575	59th Legislature, Regular Session, 1965; or
14576	14576	(4) other law.
14577	14577	(b) The boundaries and field notes of the district form a
14578	14578	closure. A mistake in the field notes or in copying the field notes
14579	14579	in the legislative process does not affect:
14580	14580	(1) the district's organization, existence, or
14581	14581	validity;
14582	14582	(2) the district's right to issue any type of bond or
14583	14583	to pay the principal of and interest on the bond;
14584	14584	(3) the district's right to impose a tax; or
14585	14585	(4) the legality or operation of the district or the
14586	14586	board. (Acts 59th Leg., R.S., Ch. 598, Sec. 3; New.)
14587	14587	Sec. 9033.005. EXPANSION OF DISTRICT. (a) Except as
14588	14588	otherwise provided by this section, the district may annex
14589	14589	territory as provided by Section 49.302, Water Code.
14590	14590	(b) Territory may not be annexed to the district without the
14591	14591	written consent of:
14592	14592	(1) all lienholders of record in Brazoria County; and
14593	14593	(2) at least a three-fourths majority of all
14594	14594	landowners in the territory to be annexed whose land must also
14595	14595	constitute at least three-fourths of the value of all land in the
14596	14596	territory to be annexed, as shown by the tax rolls of the county in
14597	14597	which the territory to be annexed is located.
14598	14598	(c) A finding by the district that the requirements of
14599	14599	Subsection (b) have been met is:
14600	14600	(1) conclusive for all purposes; and
14601	14601	(2) not subject to judicial review. (Acts 59th Leg.,
14602	14602	R.S., Ch. 598, Sec. 16.)
14603	14603	Sec. 9033.006. HEARINGS FOR EXCLUSION OF LAND. (a) The
14604	14604	board is not required to call or hold a hearing on the exclusion of
14605	14605	land or other property from the district.
14606	14606	(b) This section may not be construed to prevent the board
14607	14607	on its own motion from calling and holding an exclusion hearing
14608	14608	under general law. (Acts 59th Leg., R.S., Ch. 598, Sec. 7 (part).)
14609	14609	[Sections 9033.007-9033.050 reserved for expansion]
14610	14610	SUBCHAPTER B. DISTRICT ADMINISTRATION
14611	14611	Sec. 9033.051. BOARD OF DIRECTORS. (a) The board consists
14612	14612	of five elected directors.
14613	14613	(b) To be appointed as a director, a person must:
14614	14614	(1) be at least 18 years of age; and
14615	14615	(2) reside in this state.
14616	14616	(c) Such director is not required to reside in the district.
14617	14617	(d) Such director is not required to own land in the
14618	14618	district, but before the district awards any construction
14619	14619	contracts, each director must own land in the district subject to
14620	14620	district taxation. (Acts 59th Leg., R.S., Ch. 598, Sec. 9 (part).)
14621	14621	Sec. 9033.052. NOTICE OF DIRECTORS' ELECTION. At least 30
14622	14622	days before the date of a directors' election, notice of the
14623	14623	election must be published at least once in a newspaper of general
14624	14624	circulation in Brazoria County. (Acts 59th Leg., R.S., Ch. 598,
14625	14625	Sec. 9 (part).)
14626	14626	Sec. 9033.053. DIRECTOR'S BOND. Each director shall give a
14627	14627	bond in the amount of $5,000 for the faithful performance of the
14628	14628	director's duties. (Acts 59th Leg., R.S., Ch. 598, Sec. 9 (part).)
14629	14629	Sec. 9033.054. DUTY OF SECRETARY; ABSENCE OF SECRETARY FROM
14630	14630	BOARD MEETING. (a) The board secretary shall sign the minutes of
14631	14631	each board meeting.
14632	14632	(b) If the board secretary is absent from a board meeting,
14633	14633	the board shall name a secretary pro tem for the meeting who may:
14634	14634	(1) exercise all powers and duties of the secretary
14635	14635	for the meeting;
14636	14636	(2) sign the minutes of the meeting; and
14637	14637	(3) attest all orders passed or other action taken at
14638	14638	the meeting. (Acts 59th Leg., R.S., Ch. 598, Sec. 9 (part).)
14639	14639	Sec. 9033.055. VOTE BY BOARD PRESIDENT. The board
14640	14640	president has the same right to vote as any other director. (Acts
14641	14641	59th Leg., R.S., Ch. 598, Sec. 9 (part).)
14642	14642	Sec. 9033.056. ABSENCE OR INACTION OF BOARD PRESIDENT.
14643	14643	When the board president is absent or fails or declines to act, the
14644	14644	board vice president shall perform all duties and exercise all
14645	14645	power this chapter or general law gives the president. (Acts 59th
14646	14646	Leg., R.S., Ch. 598, Sec. 9 (part).)
14647	14647	[Sections 9033.057-9033.100 reserved for expansion]
14648	14648	SUBCHAPTER C. POWERS AND DUTIES
14649	14649	Sec. 9033.101. WATER CONTROL AND IMPROVEMENT DISTRICT
14650	14650	POWERS. The district has the rights, powers, privileges, and
14651	14651	duties provided by general law applicable to a water control and
14652	14652	improvement district created under Section 59, Article XVI, Texas
14653	14653	Constitution, including Chapters 49 and 51, Water Code. (Acts 59th
14654	14654	Leg., R.S., Ch. 598, Sec. 5 (part); New.)
14655	14655	Sec. 9033.102. ADDITIONAL POWERS. (a) The district may:
14656	14656	(1) purchase, construct, or otherwise acquire a
14657	14657	waterworks system, sanitary sewer system, storm sewer system, or
14658	14658	drainage facility or any part of those systems or facilities;
14659	14659	(2) make any purchase, construction, improvement,
14660	14660	extension, addition, or repair necessary to a system or facility
14661	14661	described by Subdivision (1);
14662	14662	(3) purchase or otherwise acquire, operate, and
14663	14663	maintain any land, right-of-way, easement, site, equipment,
14664	14664	building, plant, structure, or facility necessary for a system or
14665	14665	facility described by Subdivision (1); and
14666	14666	(4) sell water and other services.
14667	14667	(b) The district may exercise any of the rights or powers
14668	14668	granted by this chapter inside or outside the district's
14669	14669	boundaries, but only in Brazoria County. (Acts 59th Leg., R.S., Ch.
14670	14670	598, Sec. 17 (part).)
14671	14671	Sec. 9033.103. LIMIT ON EMINENT DOMAIN POWER. The district
14672	14672	may exercise the power of eminent domain only in the district.
14673	14673	(Acts 59th Leg., R.S., Ch. 598, Sec. 12 (part).)
14674	14674	Sec. 9033.104. COST OF RELOCATING OR ALTERING PROPERTY.
14675	14675	(a) In this section, "sole expense" means the actual cost of
14676	14676	lowering, rerouting, changing the grade of, or altering the
14677	14677	construction of a facility described by Subsection (b) in providing
14678	14678	comparable replacement without enhancement of the facility, after
14679	14679	deducting from that cost the net salvage value of the old facility.
14680	14680	(b) If the district's exercise of the power of eminent
14681	14681	domain, the power of relocation, or any other power granted by this
14682	14682	chapter makes necessary the relocating, raising, rerouting,
14683	14683	changing the grade, or altering of the construction of a highway,
14684	14684	railroad, electric transmission line, telegraph or telephone
14685	14685	property or facility, or pipeline, the necessary action shall be
14686	14686	accomplished at the sole expense of the district. (Acts 59th Leg.,
14687	14687	R.S., Ch. 598, Sec. 12 (part).)
14688	14688	Sec. 9033.105. NOTICE OF ELECTION. Notice of an election
14689	14689	may be given under the hand of the board president or secretary.
14690	14690	(Acts 59th Leg., R.S., Ch. 598, Sec. 20.)
14691	14691	[Sections 9033.106-9033.150 reserved for expansion]
14692	14692	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
14693	14693	Sec. 9033.151. TAX METHOD. (a) The district shall use the
14694	14694	ad valorem plan of taxation.
14695	14695	(b) The board is not required to call or hold a hearing on
14696	14696	the adoption of a plan of taxation. (Acts 59th Leg., R.S., Ch. 598,
14697	14697	Sec. 8.)
14698	14698	Sec. 9033.152. DEPOSITORY. (a) The board shall select one
14699	14699	or more banks or trust companies in this state to act as a
14700	14700	depository of bond proceeds or of revenue derived from the
14701	14701	operation of district facilities.
14702	14702	(b) The depository shall, as determined by the board:
14703	14703	(1) furnish indemnity bonds;
14704	14704	(2) pledge securities; or
14705	14705	(3) meet any other requirements. (Acts 59th Leg.,
14706	14706	R.S., Ch. 598, Sec. 15.)
14707	14707	Sec. 9033.153. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
14708	14708	The district is not required to pay a tax or assessment on:
14709	14709	(1) a district project or any part of the project; or
14710	14710	(2) a district purchase. (Acts 59th Leg., R.S., Ch.
14711	14711	598, Sec. 22 (part).)
14712	14712	[Sections 9033.154-9033.200 reserved for expansion]
14713	14713	SUBCHAPTER E. BONDS
14714	14714	Sec. 9033.201. AUTHORITY TO ISSUE BONDS. The district may
14715	14715	issue bonds of any kind to carry out any purpose authorized by this
14716	14716	chapter. (Acts 59th Leg., R.S., Ch. 598, Sec. 17 (part).)
14717	14717	Sec. 9033.202. EXCHANGING BONDS FOR PROPERTY OR WORK. The
14718	14718	district may exchange bonds, including refunding bonds:
14719	14719	(1) for property acquired by purchase; or
14720	14720	(2) in payment of the contract price of work done or
14721	14721	materials or services furnished for the use and benefit of the
14722	14722	district. (Acts 59th Leg., R.S., Ch. 598, Sec. 18 (part).)
14723	14723	Sec. 9033.203. FAILED BOND ELECTION. (a) A general law,
14724	14724	including Sections 51.781-51.791, Water Code, that provides for
14725	14725	calling a hearing on the dissolution of a district after a failed
14726	14726	district bond election does not apply to the district.
14727	14727	(b) Six months after the date of a failed bond election, the
14728	14728	board may call a subsequent bond election.
14729	14729	(c) The district continues to exist and retain its full
14730	14730	power to function and operate regardless of the outcome of a bond
14731	14731	election. (Acts 59th Leg., R.S., Ch. 598, Sec. 19.)
14732	14732	Sec. 9033.204. BONDS EXEMPT FROM TAXATION. A bond issued
14733	14733	under this chapter, the transfer of the bond, and income from the
14734	14734	bond, including profits made on the sale of the bond, are exempt
14735	14735	from taxation in this state. (Acts 59th Leg., R.S., Ch. 598, Sec.
14736	14736	22 (part).)
14737	14737	SECTION 1.07. Subtitle X, Title 6, Special District Local
14738	14738	Laws Code, is amended by adding Chapter 11003 to read as follows:
14739	14739	CHAPTER 11003. MATADOR WATER DISTRICT
14740	14740	SUBCHAPTER A. GENERAL PROVISIONS
14741	14741	Sec. 11003.001. DEFINITIONS
14742	14742	Sec. 11003.002. NATURE OF DISTRICT
14743	14743	Sec. 11003.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
14744	14744	[Sections 11003.004-11003.050 reserved for expansion]
14745	14745	SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION
14746	14746	Sec. 11003.051. DISTRICT TERRITORY
14747	14747	Sec. 11003.052. ANNEXATION OF CITY TERRITORY
14748	14748	Sec. 11003.053. ANNEXATION OF OTHER TERRITORY
14749	14749	[Sections 11003.054-11003.100 reserved for expansion]
14750	14750	SUBCHAPTER C. BOARD OF DIRECTORS
14751	14751	Sec. 11003.101. COMPOSITION OF BOARD; TERMS
14752	14752	Sec. 11003.102. QUALIFICATIONS FOR OFFICE
14753	14753	Sec. 11003.103. VACANCIES
14754	14754	Sec. 11003.104. REMOVAL FROM OFFICE
14755	14755	Sec. 11003.105. BOARD RESOLUTIONS; QUORUM; VOTING
14756	14756	REQUIREMENTS
14757	14757	Sec. 11003.106. OFFICERS AND ASSISTANTS
14758	14758	Sec. 11003.107. DUTIES OF OFFICERS AND ASSISTANTS
14759	14759	Sec. 11003.108. MEETINGS
14760	14760	Sec. 11003.109. PERSONAL LIABILITY OF DIRECTORS
14761	14761	[Sections 11003.110-11003.150 reserved for expansion]
14762	14762	SUBCHAPTER D. POWERS AND DUTIES
14763	14763	Sec. 11003.151. DISTRICT POWERS
14764	14764	Sec. 11003.152. PERMITS
14765	14765	Sec. 11003.153. GENERAL AUTHORITY OF PUBLIC AGENCIES
14766	14766	AND POLITICAL SUBDIVISIONS TO
14767	14767	CONTRACT WITH DISTRICT
14768	14768	Sec. 11003.154. CONTRACTS TO SUPPLY WATER
14769	14769	Sec. 11003.155. SOURCES FOR WATER; ACQUISITION OF
14770	14770	LAND; STORAGE CAPACITY
14771	14771	Sec. 11003.156. CONSTRUCTION CONTRACTS
14772	14772	Sec. 11003.157. CONVEYANCE OF LAND TO DISTRICT
14773	14773	Sec. 11003.158. SURPLUS PROPERTY
14774	14774	Sec. 11003.159. EMINENT DOMAIN
14775	14775	Sec. 11003.160. COST OF RELOCATING OR ALTERING
14776	14776	PROPERTY; RIGHTS-OF-WAY AND
14777	14777	EASEMENTS
14778	14778	Sec. 11003.161. OTHER DISTRICT POWERS
14779	14779	[Sections 11003.162-11003.200 reserved for expansion]
14780	14780	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
14781	14781	Sec. 11003.201. IMPOSITION OF MAINTENANCE TAX
14782	14782	Sec. 11003.202. DEPOSITORY
14783	14783	Sec. 11003.203. INVESTMENT OF DISTRICT MONEY
14784	14784	Sec. 11003.204. DISTRICT FACILITIES EXEMPT FROM
14785	14785	TAXATION AND ASSESSMENT
14786	14786	[Sections 11003.205-11003.250 reserved for expansion]
14787	14787	SUBCHAPTER F. BONDS
14788	14788	Sec. 11003.251. AUTHORITY TO ISSUE BONDS
14789	14789	Sec. 11003.252. FORM OF BONDS
14790	14790	Sec. 11003.253. MATURITY
14791	14791	Sec. 11003.254. ELECTION FOR BONDS PAYABLE FROM AD
14792	14792	VALOREM TAXES
14793	14793	Sec. 11003.255. BONDS SECURED BY REVENUE; ADDITIONAL
14794	14794	BONDS
14795	14795	Sec. 11003.256. BONDS PAYABLE FROM AD VALOREM TAXES
14796	14796	Sec. 11003.257. ADDITIONAL SECURITY
14797	14797	Sec. 11003.258. TRUST INDENTURE
14798	14798	Sec. 11003.259. CHARGES FOR DISTRICT SERVICES
14799	14799	Sec. 11003.260. USE OF BOND PROCEEDS
14800	14800	Sec. 11003.261. APPOINTMENT OF RECEIVER
14801	14801	Sec. 11003.262. REFUNDING BONDS
14802	14802	Sec. 11003.263. LIMITATION ON RIGHTS OF BONDHOLDERS
14803	14803	Sec. 11003.264. BONDS EXEMPT FROM TAXATION
14804	14804	Sec. 11003.265. DETACHMENT OF DISTRICT TERRITORY AFTER
14805	14805	ISSUANCE OF BONDS
14806	14806	CHAPTER 11003. MATADOR WATER DISTRICT
14807	14807	SUBCHAPTER A. GENERAL PROVISIONS
14808	14808	Sec. 11003.001. DEFINITIONS. In this chapter:
14809	14809	(1) "Board" means the board of directors of the
14810	14810	district.
14811	14811	(2) "City" means the city of Matador.
14812	14812	(3) "City council" means the city council of the city.
14813	14813	(4) "Director" means a member of the board appointed
14814	14814	by the city council.
14815	14815	(5) "District" means the Matador Water District.
14816	14816	(Acts 64th Leg., R.S., Ch. 36, Secs. 1 (part), 2 (part), 3(a)
14817	14817	(part); New.)
14818	14818	Sec. 11003.002. NATURE OF DISTRICT. The district is a
14819	14819	conservation and reclamation district created under Section 59,
14820	14820	Article XVI, Texas Constitution. (Acts 64th Leg., R.S., Ch. 36,
14821	14821	Sec. 1 (part).)
14822	14822	Sec. 11003.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
14823	14823	(a) All territory and taxable property in the city will benefit
14824	14824	from the works and improvements of the district.
14825	14825	(b) The accomplishment of the purposes stated in this
14826	14826	chapter is for the benefit of the people of this state and for the
14827	14827	improvement of their property and industries. The district, in
14828	14828	carrying out the purposes of this chapter, will be performing an
14829	14829	essential public function under the constitution. (Acts 64th Leg.,
14830	14830	R.S., Ch. 36, Secs. 2 (part), 22 (part).)
14831	14831	[Sections 11003.004-11003.050 reserved for expansion]
14832	14832	SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION
14833	14833	Sec. 11003.051. DISTRICT TERRITORY. (a) The boundaries of
14834	14834	the district are coextensive with the boundaries of the city as
14835	14835	those boundaries existed on January 1, 1975, and as the district
14836	14836	territory may have been modified under:
14837	14837	(1) this subchapter or its predecessor statutes,
14838	14838	Sections 6 and 7, Chapter 36, Acts of the 64th Legislature, Regular
14839	14839	Session, 1975;
14840	14840	(2) Subchapter J, Chapter 49, Water Code; or
14841	14841	(3) other law.
14842	14842	(b) An invalidity in the fixing of the boundaries of the
14843	14843	city as they existed on January 1, 1975, does not affect the
14844	14844	boundaries of the district. (Acts 64th Leg., R.S., Ch. 36, Sec. 2
14845	14845	(part); New.)
14846	14846	Sec. 11003.052. ANNEXATION OF CITY TERRITORY. (a)
14847	14847	Territory annexed to the city after January 1, 1975, may be annexed
14848	14848	to the district as provided by this section.
14849	14849	(b) At any time after final passage of an ordinance or
14850	14850	resolution annexing territory to the city, the board may give
14851	14851	notice of a hearing on the question of annexing that territory to
14852	14852	the district. The notice is sufficient if it:
14853	14853	(1) states the date and place of the hearing; and
14854	14854	(2) describes the area proposed to be annexed or
14855	14855	refers to the annexation ordinance or resolution of the city.
14856	14856	(c) At least 10 days before the date set for the hearing, the
14857	14857	notice must be published one time in a newspaper of general
14858	14858	circulation in the city.
14859	14859	(d) If, as a result of the hearing, the board finds that the
14860	14860	territory will benefit from the present or contemplated
14861	14861	improvements, works, or facilities of the district, the board shall
14862	14862	adopt a resolution annexing the territory to the district.
14863	14863	(e) After the territory is annexed to the district, the
14864	14864	board may hold an election in the entire district to determine
14865	14865	whether:
14866	14866	(1) the entire district will assume any tax-supported
14867	14867	bonds then outstanding and those bonds previously voted but not yet
14868	14868	sold; and
14869	14869	(2) an ad valorem tax for the payment of the bonds will
14870	14870	be imposed on all taxable property in the district.
14871	14871	(f) An election held under Subsection (e) must be held and
14872	14872	notice must be given in the same manner as an election held under
14873	14873	Section 11003.254 for the issuance of bonds. (Acts 64th Leg., R.S.,
14874	14874	Ch. 36, Sec. 6.)
14875	14875	Sec. 11003.053. ANNEXATION OF OTHER TERRITORY. (a)
14876	14876	Territory other than territory subject to Section 11003.052 may be
14877	14877	annexed to the district as provided by this section.
14878	14878	(b) The board may annex territory or a municipality under
14879	14879	this section only if a petition requesting annexation is signed by
14880	14880	50 registered voters of the territory or municipality to be
14881	14881	annexed, or a majority of the registered voters of that territory or
14882	14882	municipality, whichever is fewer, and is filed with the board. The
14883	14883	petition must describe the territory to be annexed by metes and
14884	14884	bounds, or otherwise, except that if the territory is the same as
14885	14885	that contained in the boundaries of a municipality, the petition is
14886	14886	sufficient if it states that the territory to be annexed is the
14887	14887	territory contained in the municipal boundaries.
14888	14888	(c) If the board determines that the petition complies with
14889	14889	Subsection (b), that the annexation would be in the best interest of
14890	14890	the territory or municipality and the district, and that the
14891	14891	district will be able to supply water to the territory or
14892	14892	municipality, the board shall:
14893	14893	(1) adopt a resolution stating the conditions, if any,
14894	14894	under which the territory or municipality may be annexed to the
14895	14895	district; and
14896	14896	(2) set a time and place to hold a hearing on the
14897	14897	question of whether the territory or municipality to be annexed
14898	14898	will benefit from:
14899	14899	(A) the improvements, works, or facilities owned
14900	14900	or operated or contemplated to be owned or operated by the district;
14901	14901	or
14902	14902	(B) the other functions of the district.
14903	14903	(d) At least 10 days before the date of the hearing, notice
14904	14904	of the adoption of the resolution stating the time and place of the
14905	14905	hearing must be published one time in a newspaper of general
14906	14906	circulation in the territory or municipality proposed to be
14907	14907	annexed. The notice must describe the territory in the same manner
14908	14908	in which Subsection (b) requires the petition to describe the
14909	14909	territory.
14910	14910	(e) Any interested person may appear at the hearing and
14911	14911	offer evidence for or against the annexation.
14912	14912	(f) The hearing may proceed in the order and under the rules
14913	14913	prescribed by the board and may be recessed from time to time.
14914	14914	(g) If, at the conclusion of the hearing, the board finds
14915	14915	that the property in the territory or municipality will benefit
14916	14916	from the present or contemplated improvements, works, or facilities
14917	14917	of the district, the board shall adopt a resolution making a finding
14918	14918	of the benefit and calling an election in the territory or
14919	14919	municipality to be annexed.
14920	14920	(h) The resolution must state:
14921	14921	(1) the date of the election;
14922	14922	(2) each place where the election will be held; and
14923	14923	(3) the proposition to be voted on.
14924	14924	(i) At least 10 days before the date set for the election,
14925	14925	notice of the election must be given by publishing a substantial
14926	14926	copy of the resolution calling the election one time in a newspaper
14927	14927	of general circulation in the territory proposed to be annexed.
14928	14928	(j) In calling an election on the proposition for annexation
14929	14929	of the territory or municipality, the board may include, as part of
14930	14930	the same proposition or as a separate proposition, a proposition
14931	14931	for:
14932	14932	(1) the territory to assume its part of the
14933	14933	tax-supported bonds of the district then outstanding and those
14934	14934	bonds previously voted but not yet sold; and
14935	14935	(2) an ad valorem tax to be imposed on taxable property
14936	14936	in the territory along with the tax in the rest of the district for
14937	14937	the payment of the bonds.
14938	14938	(k) If a majority of the votes cast at the election are in
14939	14939	favor of annexation, the board by resolution shall annex the
14940	14940	territory to the district.
14941	14941	(l) An annexation under this section is incontestable
14942	14942	except in the manner and within the time for contesting elections
14943	14943	under the Election Code. (Acts 64th Leg., R.S., Ch. 36, Secs. 7(a),
14944	14944	(b), (c) (part), (d) (part), (e) (part).)
14945	14945	[Sections 11003.054-11003.100 reserved for expansion]
14946	14946	SUBCHAPTER C. BOARD OF DIRECTORS
14947	14947	Sec. 11003.101. COMPOSITION OF BOARD; TERMS. (a) The
14948	14948	district is governed by a board of five directors appointed by the
14949	14949	city council. The directors occupy numbered places on the board.
14950	14950	(b) Directors serve staggered two-year terms, with the
14951	14951	terms of the directors occupying Places 1, 2, and 3 expiring at noon
14952	14952	on March 1 of each even-numbered year and the terms of the directors
14953	14953	occupying Places 4 and 5 expiring at noon on March 1 of each
14954	14954	odd-numbered year.
14955	14955	(c) The mayor of the city serves, ex officio, as an honorary
14956	14956	member of the board. The mayor may attend all meetings and
14957	14957	participate in all proceedings of the board except that the mayor
14958	14958	may not vote. (Acts 64th Leg., R.S., Ch. 36, Sec. 3(a) (part).)
14959	14959	Sec. 11003.102. QUALIFICATIONS FOR OFFICE. (a) To be
14960	14960	eligible to be appointed or to serve as a director, a person must be
14961	14961	a resident, qualified voter of the district.
14962	14962	(b) A director is eligible for reappointment. (Acts 64th
14963	14963	Leg., R.S., Ch. 36, Secs. 3(a) (part), (b).)
14964	14964	Sec. 11003.103. VACANCIES. Any vacancy occurring on the
14965	14965	board shall be filled for the unexpired term by appointment by the
14966	14966	city council. (Acts 64th Leg., R.S., Ch. 36, Sec. 3(a) (part).)
14967	14967	Sec. 11003.104. REMOVAL FROM OFFICE. After reasonable
14968	14968	notice and a public hearing, the board may remove a director from
14969	14969	office for misfeasance, malfeasance, or wilful neglect of duty.
14970	14970	Reasonable notice and a public hearing are not required if the
14971	14971	notice and hearing are expressly waived in writing. (Acts 64th
14972	14972	Leg., R.S., Ch. 36, Sec. 3(c).)
14973	14973	Sec. 11003.105. BOARD RESOLUTIONS; QUORUM; VOTING
14974	14974	REQUIREMENTS. (a) The district shall act through resolutions
14975	14975	adopted by the board.
14976	14976	(b) Three directors constitute a quorum.
14977	14977	(c) Each director has a vote.
14978	14978	(d) The affirmative vote of at least three directors is
14979	14979	necessary to adopt any resolution. (Acts 64th Leg., R.S., Ch. 36,
14980	14980	Sec. 4(c).)
14981	14981	Sec. 11003.106. OFFICERS AND ASSISTANTS. (a) The board
14982	14982	shall elect a president, vice president, secretary, and treasurer
14983	14983	at the first meeting of the board in March of each year or at any
14984	14984	time necessary to fill a vacancy.
14985	14985	(b) The board shall elect the president and vice president
14986	14986	from among the directors. The president shall serve for a term of
14987	14987	one year.
14988	14988	(c) The offices of secretary and treasurer:
14989	14989	(1) may be held by one person; and
14990	14990	(2) are not required to be held by a director.
14991	14991	(d) The board may appoint as assistant board secretary one
14992	14992	or more persons who are not directors. (Acts 64th Leg., R.S., Ch.
14993	14993	36, Secs. 4(b) (part), (d) (part).)
14994	14994	Sec. 11003.107. DUTIES OF OFFICERS AND ASSISTANTS. (a) The
14995	14995	board president shall preside at board meetings and perform other
14996	14996	duties prescribed by the board.
14997	14997	(b) The board secretary is the official custodian of the
14998	14998	minutes, books, records, and seal of the board and shall perform
14999	14999	other duties and functions prescribed by the board. An assistant
15000	15000	board secretary may perform any duty or function of the board
15001	15001	secretary.
15002	15002	(c) The board treasurer shall perform duties and functions
15003	15003	prescribed by the board. (Acts 64th Leg., R.S., Ch. 36, Sec. 4(b)
15004	15004	(part).)
15005	15005	Sec. 11003.108. MEETINGS. The board shall have regular
15006	15006	meetings at times specified by board resolution and shall have
15007	15007	special meetings when called by the board president or by any three
15008	15008	directors. (Acts 64th Leg., R.S., Ch. 36, Sec. 4(e).)
15009	15009	Sec. 11003.109. PERSONAL LIABILITY OF DIRECTORS. A
15010	15010	director is not personally liable for any bond issued or contract
15011	15011	executed by the district. (Acts 64th Leg., R.S., Ch. 36, Sec.
15012	15012	4(f).)
15013	15013	[Sections 11003.110-11003.150 reserved for expansion]
15014	15014	SUBCHAPTER D. POWERS AND DUTIES
15015	15015	Sec. 11003.151. DISTRICT POWERS. The district may exercise
15016	15016	any power necessary or appropriate to achieve the purposes of this
15017	15017	chapter, including the power to:
15018	15018	(1) sue and be sued, and plead and be impleaded, in its
15019	15019	own name;
15020	15020	(2) adopt an official seal;
15021	15021	(3) adopt and enforce bylaws and rules for the conduct
15022	15022	of its affairs;
15023	15023	(4) acquire, hold, use, and dispose of its receipts
15024	15024	and money from any source;
15025	15025	(5) select a depository or depositories;
15026	15026	(6) acquire, own, rent, lease, accept, hold, or
15027	15027	dispose of property, or an interest in property, including a right
15028	15028	or easement, by purchase, exchange, gift, assignment,
15029	15029	condemnation, sale, lease, or otherwise, in performing district
15030	15030	duties or exercising district powers under this chapter;
15031	15031	(7) hold, manage, operate, or improve property;
15032	15032	(8) lease or rent any land, building, structure, or
15033	15033	facility from or to any person;
15034	15034	(9) sell, assign, lease, encumber, mortgage, or
15035	15035	otherwise dispose of property, or an interest in property, and
15036	15036	release or relinquish a right, title, claim, lien, interest,
15037	15037	easement, or demand, regardless of the manner in which acquired,
15038	15038	and conduct a transaction authorized by this subdivision by public
15039	15039	or private sale, with or without public bidding, notwithstanding
15040	15040	any other law;
15041	15041	(10) issue bonds, provide for and secure the payment
15042	15042	of the bonds, and provide for the rights of the holders of the bonds
15043	15043	in the manner and to the extent authorized by this chapter;
15044	15044	(11) request and accept an appropriation, grant,
15045	15045	allocation, subsidy, guaranty, aid, service, material, or gift from
15046	15046	any source, including the federal government, the state, a public
15047	15047	agency, or a political subdivision;
15048	15048	(12) operate and maintain an office;
15049	15049	(13) appoint and determine the duties, tenure,
15050	15050	qualifications, and compensation of officers, employees, agents,
15051	15051	professional advisors, and counselors considered necessary or
15052	15052	advisable by the board, including financial consultants,
15053	15053	accountants, attorneys, architects, engineers, appraisers, and
15054	15054	financing experts; and
15055	15055	(14) exercise any power granted by Chapter 30, Water
15056	15056	Code, to districts created under Section 59, Article XVI, Texas
15057	15057	Constitution. (Acts 64th Leg., R.S., Ch. 36, Sec. 5 (part).)
15058	15058	Sec. 11003.152. PERMITS. (a) The district may obtain
15059	15059	through appropriate proceedings an appropriation permit or a
15060	15060	diversion permit from the Texas Commission on Environmental
15061	15061	Quality.
15062	15062	(b) The district may acquire a water appropriation permit
15063	15063	from a permit owner by contract or otherwise. (Acts 64th Leg., R.S.,
15064	15064	Ch. 36, Sec. 8 (part).)
15065	15065	Sec. 11003.153. GENERAL AUTHORITY OF PUBLIC AGENCIES AND
15066	15066	POLITICAL SUBDIVISIONS TO CONTRACT WITH DISTRICT. A public agency
15067	15067	or political subdivision of this state, including the city, may
15068	15068	enter into a contract or agreement with the district, on terms
15069	15069	agreed to by the parties, for any purpose relating to the district's
15070	15070	powers or functions. Approval, notice, consent, or an election is
15071	15071	not required in connection with the contract or agreement. (Acts
15072	15072	64th Leg., R.S., Ch. 36, Sec. 9(b) (part).)
15073	15073	Sec. 11003.154. CONTRACTS TO SUPPLY WATER. (a) The
15074	15074	district may contract with municipalities and others, including the
15075	15075	city, to supply water to them. The district may sell water inside
15076	15076	or outside the boundaries of the district.
15077	15077	(b) The district may contract with a public agency or
15078	15078	political subdivision for the rental or leasing of or for the
15079	15079	operation of the water production, water supply, water filtration
15080	15080	or purification, and water supply facilities of the entity on the
15081	15081	consideration agreed to by the district and the entity.
15082	15082	(c) A contract under Subsection (a) or (b) may:
15083	15083	(1) be on terms and for the time agreed to by the
15084	15084	parties; and
15085	15085	(2) provide that it will continue in effect until
15086	15086	bonds specified in it and refunding bonds issued in lieu of the
15087	15087	bonds are paid.
15088	15088	(d) The district may contract with the city for the
15089	15089	operation of the district's water facilities by the city. An
15090	15090	election is not required in connection with the contract.
15091	15091	(e) A public agency or political subdivision of this state,
15092	15092	including the city, may enter into a contract or agreement with the
15093	15093	district for a water supply as provided by Section 11003.153. (Acts
15094	15094	64th Leg., R.S., Ch. 36, Secs. 9(a) (part), (b) (part), 19 (part).)
15095	15095	Sec. 11003.155. SOURCES FOR WATER; ACQUISITION OF LAND;
15096	15096	STORAGE CAPACITY. (a) The district may acquire or construct,
15097	15097	inside or outside the district, a reservoir, a well, or any work,
15098	15098	plant, transmission line, or other facility necessary or useful to
15099	15099	drill for, divert, impound, store, pump, treat, or transport to the
15100	15100	city and others water for municipal, domestic, industrial, mining,
15101	15101	oil flooding, or any other useful purpose.
15102	15102	(b) The district may develop or otherwise acquire
15103	15103	underground sources of water.
15104	15104	(c) The district may acquire land, or an interest in land,
15105	15105	inside or outside the district, for any work, plant, or other
15106	15106	facility necessary or useful to drill for, divert, impound, store,
15107	15107	pump, treat, or transport to the city and others water for
15108	15108	municipal, domestic, industrial, mining, oil flooding, or any other
15109	15109	useful purpose.
15110	15110	(d) The district may lease, purchase, or otherwise acquire
15111	15111	rights in and to storage and storage capacity in any reservoir
15112	15112	constructed or to be constructed by any person or from the United
15113	15113	States. (Acts 64th Leg., R.S., Ch. 36, Secs. 8 (part), 9(a)
15114	15114	(part), 10 (part).)
15115	15115	Sec. 11003.156. CONSTRUCTION CONTRACTS. (a) The district
15116	15116	may award a construction contract that requires an expenditure of
15117	15117	more than $5,000 only after publication of notice to bidders once
15118	15118	each week for two weeks in a newspaper of general circulation in the
15119	15119	district.
15120	15120	(b) The notice is sufficient if it states:
15121	15121	(1) the time and place for opening the bids;
15122	15122	(2) the general nature of the work to be done or the
15123	15123	material, equipment, or supplies to be purchased; and
15124	15124	(3) where the terms of bidding and copies of the plans
15125	15125	and specifications may be obtained. (Acts 64th Leg., R.S., Ch. 36,
15126	15126	Sec. 12.)
15127	15127	Sec. 11003.157. CONVEYANCE OF LAND TO DISTRICT. A public
15128	15128	agency or political subdivision of this state, including the city,
15129	15129	may lease, sell, or otherwise convey its land or an interest in its
15130	15130	land to the district for consideration that the parties agree is
15131	15131	adequate. Approval, notice, consent, or an election is not
15132	15132	required in connection with the conveyance. (Acts 64th Leg., R.S.,
15133	15133	Ch. 36, Sec. 9(b) (part).)
15134	15134	Sec. 11003.158. SURPLUS PROPERTY. Subject to the terms of a
15135	15135	resolution or deed of trust authorizing or securing bonds issued by
15136	15136	the district, the district may sell, lease, rent, trade, or
15137	15137	otherwise dispose of property that the board considers is not
15138	15138	needed for a district purpose. (Acts 64th Leg., R.S., Ch. 36, Sec.
15139	15139	10 (part).)
15140	15140	Sec. 11003.159. EMINENT DOMAIN. (a) To carry out a power
15141	15141	conferred by this chapter, the district may exercise the power of
15142	15142	eminent domain to acquire the fee simple title to land, or any other
15143	15143	interest in land, and other property and easements, inside or
15144	15144	outside the district, including land or an interest in land needed
15145	15145	for:
15146	15146	(1) a well; or
15147	15147	(2) a reservoir, dam, or flood easement above the
15148	15148	probable high-water line around a reservoir.
15149	15149	(b) The district must exercise the power of eminent domain
15150	15150	in the manner provided by Chapter 21, Property Code.
15151	15151	(c) The district is a municipal corporation for the purposes
15152	15152	of Chapter 21, Property Code.
15153	15153	(d) The board shall determine the amount and the type of
15154	15154	interest in land, other property, or easements to be acquired under
15155	15155	this section. (Acts 64th Leg., R.S., Ch. 36, Sec. 11(a) (part).)
15156	15156	Sec. 11003.160. COST OF RELOCATING OR ALTERING PROPERTY;
15157	15157	RIGHTS-OF-WAY AND EASEMENTS. (a) If the district's exercise of its
15158	15158	eminent domain, police, or other power requires relocating,
15159	15159	raising, lowering, rerouting, or changing the grade of or altering
15160	15160	the construction of any railroad, electric transmission,
15161	15161	telegraph, or telephone line, conduit, pole, property, or facility
15162	15162	or pipeline, the action shall be accomplished at the sole expense of
15163	15163	the district. The term "sole expense" means the actual cost of the
15164	15164	lowering, rerouting, or change in grade or alteration of
15165	15165	construction to provide a comparable replacement without enhancing
15166	15166	the facility, after deducting from the cost the net salvage value
15167	15167	derived from the old facility.
15168	15168	(b) The district has all necessary or useful rights-of-way
15169	15169	and easements along, over, under, and across all public, state,
15170	15170	municipal, and county roads, highways, and places for any of its
15171	15171	purposes. The district shall restore a used facility to its
15172	15172	previous condition as nearly as possible at the sole expense of the
15173	15173	district. (Acts 64th Leg., R.S., Ch. 36, Secs. 11(b), (c).)
15174	15174	Sec. 11003.161. OTHER DISTRICT POWERS. The district has
15175	15175	the same power as is conferred by general law on municipal utility
15176	15176	districts or on water control and improvement districts, with
15177	15177	reference to entering land and making surveys and attending to
15178	15178	other business of the district. (Acts 64th Leg., R.S., Ch. 36, Sec.
15179	15179	11(a) (part).)
15180	15180	[Sections 11003.162-11003.200 reserved for expansion]
15181	15181	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
15182	15182	Sec. 11003.201. IMPOSITION OF MAINTENANCE TAX. (a) The
15183	15183	district may impose a tax, not to exceed 25 cents on each $100
15184	15184	valuation of taxable property in the district, for:
15185	15185	(1) maintenance purposes, including money for
15186	15186	planning, maintaining, repairing, and operating all necessary
15187	15187	plants, works, facilities, improvements, appliances, and equipment
15188	15188	of the district;
15189	15189	(2) paying costs of proper services, engineering, and
15190	15190	legal fees; and
15191	15191	(3) organization and administrative expenses.
15192	15192	(b) The district may not impose a maintenance tax unless the
15193	15193	tax is approved by a majority of the voters voting at an election
15194	15194	held for that purpose.
15195	15195	(c) A maintenance tax election may be held at the same time
15196	15196	and in conjunction with a bond election.
15197	15197	(d) The procedure for calling, giving notice of, and
15198	15198	conducting a maintenance tax election is the same as the procedure
15199	15199	for a bond election. (Acts 64th Leg., R.S., Ch. 36, Sec. 13.)
15200	15200	Sec. 11003.202. DEPOSITORY. (a) The board shall designate
15201	15201	one or more banks inside or outside the district to serve as the
15202	15202	depository for the district's money.
15203	15203	(b) District money shall be deposited in the depository
15204	15204	designated by the board, except that:
15205	15205	(1) bond proceeds and money pledged to pay bonds, to
15206	15206	the extent provided in a resolution or trust indenture authorizing
15207	15207	or securing district bonds, may be deposited with another bank or
15208	15208	trustee named in the bond resolution or trust indenture; and
15209	15209	(2) money shall be remitted to each paying agent for
15210	15210	the payment of principal of and interest on the bonds.
15211	15211	(c) To the extent that money in a depository bank or trustee
15212	15212	bank is not insured by the Federal Deposit Insurance Corporation,
15213	15213	the money must be secured in the manner provided by law for the
15214	15214	security of municipal money. (Acts 64th Leg., R.S., Ch. 36, Sec. 20
15215	15215	(part).)
15216	15216	Sec. 11003.203. INVESTMENT OF DISTRICT MONEY. The board
15217	15217	may invest district money in obligations and make time deposits of
15218	15218	district money in the manner determined by the board or in the
15219	15219	manner permitted or required in a resolution or trust indenture
15220	15220	authorizing or securing district bonds. (Acts 64th Leg., R.S., Ch.
15221	15221	36, Sec. 20 (part).)
15222	15222	Sec. 11003.204. DISTRICT FACILITIES EXEMPT FROM TAXATION
15223	15223	AND ASSESSMENT. The district is not required to pay a tax or
15224	15224	assessment on its facilities or any part of its facilities. (Acts
15225	15225	64th Leg., R.S., Ch. 36, Sec. 22 (part).)
15226	15226	[Sections 11003.205-11003.250 reserved for expansion]
15227	15227	SUBCHAPTER F. BONDS
15228	15228	Sec. 11003.251. AUTHORITY TO ISSUE BONDS. (a) The district
15229	15229	may issue bonds payable from and secured by revenue or ad valorem
15230	15230	taxes, or both revenue and ad valorem taxes, of the district to
15231	15231	carry out any power conferred by this chapter. The bonds must be
15232	15232	authorized by a board resolution.
15233	15233	(b) The bonds must be issued in the manner and under the
15234	15234	terms of the resolution authorizing the issuance of the bonds.
15235	15235	(Acts 64th Leg., R.S., Ch. 36, Secs. 14(a), (b) (part), (e) (part).)
15236	15236	Sec. 11003.252. FORM OF BONDS. District bonds must be:
15237	15237	(1) issued in the district's name;
15238	15238	(2) signed by the president or vice president; and
15239	15239	(3) attested by the secretary. (Acts 64th Leg., R.S.,
15240	15240	Ch. 36, Sec. 14(b) (part).)
15241	15241	Sec. 11003.253. MATURITY. District bonds must mature not
15242	15242	later than 40 years after the date of their issuance. (Acts 64th
15243	15243	Leg., R.S., Ch. 36, Sec. 14(b) (part).)
15244	15244	Sec. 11003.254. ELECTION FOR BONDS PAYABLE FROM AD VALOREM
15245	15245	TAXES. (a) Bonds, other than refunding bonds, payable wholly or
15246	15246	partly from ad valorem taxes may not be issued unless authorized by
15247	15247	a majority of the district voters voting at an election held for
15248	15248	that purpose.
15249	15249	(b) The board may call an election under this section
15250	15250	without a petition. The resolution calling the election must
15251	15251	specify:
15252	15252	(1) the time and place at which the election will be
15253	15253	held;
15254	15254	(2) the purpose for which the bonds will be issued;
15255	15255	(3) the amount of the bonds;
15256	15256	(4) the form of the ballot; and
15257	15257	(5) other matters the board considers necessary or
15258	15258	advisable.
15259	15259	(c) Notice of the election must be given by publishing a
15260	15260	substantial copy of the resolution calling the election in a
15261	15261	newspaper of general circulation in the district. The notice must
15262	15262	be published once each week for two consecutive weeks. The first
15263	15263	publication must be not later than the 14th day before the date of
15264	15264	the election.
15265	15265	(d) The district may issue bonds not payable wholly or
15266	15266	partly from ad valorem taxes without an election. (Acts 64th Leg.,
15267	15267	R.S., Ch. 36, Secs. 17(a) (part), (b).)
15268	15268	Sec. 11003.255. BONDS SECURED BY REVENUE; ADDITIONAL BONDS.
15269	15269	(a) District bonds issued may be secured by a pledge of all or part
15270	15270	of the district's revenue, or by all or part of the revenue of one or
15271	15271	more contracts previously or subsequently made or other revenue or
15272	15272	income specified by board resolution or a trust indenture securing
15273	15273	the bonds. The pledge may reserve the right, under conditions
15274	15274	specified by the pledge, to issue additional bonds that will be on a
15275	15275	parity with or subordinate to the bonds then being issued.
15276	15276	(b) The district may issue bonds secured by both taxes and
15277	15277	revenue of the district described by Subsection (a). (Acts 64th
15278	15278	Leg., R.S., Ch. 36, Secs. 14(d), (e) (part).)
15279	15279	Sec. 11003.256. BONDS PAYABLE FROM AD VALOREM TAXES. (a)
15280	15280	If bonds are issued payable wholly or partly from ad valorem taxes,
15281	15281	the board shall annually impose a tax on the taxable property in the
15282	15282	district in an amount sufficient to pay the principal of and
15283	15283	interest on the bonds when due.
15284	15284	(b) The district may adopt the rate of a tax imposed under
15285	15285	Subsection (a) for any year after giving consideration to the money
15286	15286	received from the pledged revenue that may be available for payment
15287	15287	of principal and interest, to the extent and in the manner permitted
15288	15288	by the resolution authorizing the issuance of the bonds. (Acts 64th
15289	15289	Leg., R.S., Ch. 36, Secs. 14(e) (part), 23(b) (part).)
15290	15290	Sec. 11003.257. ADDITIONAL SECURITY. (a) District bonds,
15291	15291	including refunding bonds, that are not payable wholly from ad
15292	15292	valorem taxes may be additionally secured, at the discretion of the
15293	15293	board, by a deed of trust or mortgage lien on physical property of
15294	15294	the district and all franchises, easements, water rights, and
15295	15295	appropriation permits, leases, and contracts and all rights
15296	15296	appurtenant to the property, vesting in the trustee power to:
15297	15297	(1) sell the property for the payment of the debt;
15298	15298	(2) operate the property; and
15299	15299	(3) take other action to further secure the bonds.
15300	15300	(b) A purchaser under a sale under the deed of trust lien, if
15301	15301	one is given:
15302	15302	(1) is the absolute owner of property, facilities, and
15303	15303	rights purchased; and
15304	15304	(2) is entitled to maintain and operate the property,
15305	15305	facilities, and rights. (Acts 64th Leg., R.S., Ch. 36, Sec. 16
15306	15306	(part).)
15307	15307	Sec. 11003.258. TRUST INDENTURE. (a) District bonds,
15308	15308	including refunding bonds, that are not payable wholly from ad
15309	15309	valorem taxes may be additionally secured by a trust indenture. The
15310	15310	trustee may be a bank with trust powers located inside or outside
15311	15311	the state.
15312	15312	(b) A trust indenture, regardless of the existence of a deed
15313	15313	of trust or mortgage lien on property, may:
15314	15314	(1) provide for the security of the bonds and the
15315	15315	preservation of the trust estate as prescribed by the board;
15316	15316	(2) provide for amendment or modification of the trust
15317	15317	indenture;
15318	15318	(3) provide for the issuance of bonds to replace lost
15319	15319	or mutilated bonds;
15320	15320	(4) condition the right to spend district money or
15321	15321	sell district property on the approval of a licensed engineer
15322	15322	selected as provided by the trust indenture; and
15323	15323	(5) provide for the investment of district money.
15324	15324	(Acts 64th Leg., R.S., Ch. 36, Sec. 16 (part).)
15325	15325	Sec. 11003.259. CHARGES FOR DISTRICT SERVICES. (a) If
15326	15326	district bonds payable wholly from revenue are issued, the board
15327	15327	shall set and revise the rates of compensation for water sold and
15328	15328	services provided by the district. The rates must be sufficient to:
15329	15329	(1) pay the expense of operating and maintaining
15330	15330	district facilities;
15331	15331	(2) pay the principal of and interest on the bonds when
15332	15332	due; and
15333	15333	(3) maintain the reserve fund and other funds as
15334	15334	provided in the resolution authorizing the bonds.
15335	15335	(b) If bonds payable partly from revenue are issued, the
15336	15336	board shall set and revise the rate of compensation for water sold
15337	15337	and any other services provided by the district. The rate must be
15338	15338	sufficient to ensure compliance with the resolution authorizing the
15339	15339	bonds or the trust indenture securing the bonds. (Acts 64th Leg.,
15340	15340	R.S., Ch. 36, Sec. 14(f).)
15341	15341	Sec. 11003.260. USE OF BOND PROCEEDS. (a) The district may
15342	15342	set aside an amount of proceeds from the sale of district bonds for:
15343	15343	(1) the payment of interest expected to accrue during
15344	15344	construction not to exceed three years;
15345	15345	(2) a reserve interest and sinking fund; and
15346	15346	(3) other funds as may be provided in the resolution
15347	15347	authorizing the bonds or in the trust indenture.
15348	15348	(b) The district may use proceeds from the sale of the bonds
15349	15349	to pay any expense necessarily incurred in accomplishing the
15350	15350	purpose of the district, including any expense of issuing and
15351	15351	selling the bonds. (Acts 64th Leg., R.S., Ch. 36, Sec. 14(g).)
15352	15352	Sec. 11003.261. APPOINTMENT OF RECEIVER. (a) On default or
15353	15353	threatened default in the payment of the principal of or interest on
15354	15354	district bonds that are payable wholly or partly from revenue, a
15355	15355	court may, on petition of the holders of outstanding bonds, appoint
15356	15356	a receiver for the district.
15357	15357	(b) The receiver may collect and receive all district
15358	15358	income, except taxes, employ and discharge district agents and
15359	15359	employees, take charge of money on hand, except money received from
15360	15360	taxes, unless commingled, and manage the proprietary affairs of the
15361	15361	district without consent or hindrance by the board.
15362	15362	(c) The receiver may be authorized to sell or contract for
15363	15363	the sale of water or to renew those contracts with the approval of
15364	15364	the court that appointed the receiver.
15365	15365	(d) The court may vest the receiver with any other power or
15366	15366	duty the court finds necessary to protect the bondholders. (Acts
15367	15367	64th Leg., R.S., Ch. 36, Sec. 14(h) (part).)
15368	15368	Sec. 11003.262. REFUNDING BONDS. (a) The district may
15369	15369	issue refunding bonds to refund outstanding district bonds and
15370	15370	interest on those bonds.
15371	15371	(b) Refunding bonds may:
15372	15372	(1) be issued to refund bonds of more than one series;
15373	15373	(2) combine the pledges for the outstanding bonds for
15374	15374	the security of the refunding bonds; or
15375	15375	(3) be secured by a pledge of other or additional
15376	15376	revenue or mortgage liens.
15377	15377	(c) The provisions of this subchapter regarding the
15378	15378	issuance of other bonds, their security, and the remedies of the
15379	15379	holders apply to refunding bonds.
15380	15380	(d) The comptroller shall register the refunding bonds on
15381	15381	surrender and cancellation of the bonds to be refunded.
15382	15382	(e) Instead of issuing bonds to be registered on the
15383	15383	surrender and cancellation of the bonds to be refunded, the
15384	15384	district, in the resolution authorizing the issuance of the
15385	15385	refunding bonds, may provide for the sale of the refunding bonds and
15386	15386	the deposit of the proceeds in a bank at which the bonds to be
15387	15387	refunded are payable. In that case, the refunding bonds may be
15388	15388	issued in an amount sufficient to pay the principal of and interest
15389	15389	and any required redemption premium on the bonds to be refunded to
15390	15390	any redemption date or to their maturity date, and the comptroller
15391	15391	shall register the refunding bonds without the surrender and
15392	15392	cancellation of the bonds to be refunded.
15393	15393	(f) An election is not required to authorize the issuance of
15394	15394	refunding bonds.
15395	15395	(g) The district may also issue refunding bonds under any
15396	15396	other applicable law. (Acts 64th Leg., R.S., Ch. 36, Sec. 15.)
15397	15397	Sec. 11003.263. LIMITATION ON RIGHTS OF BONDHOLDERS. The
15398	15398	resolution authorizing the bonds or the trust indenture securing
15399	15399	the bonds may limit or qualify the rights of the holders of less
15400	15400	than all of the outstanding bonds payable from the same source to
15401	15401	institute or prosecute litigation affecting the district's
15402	15402	property or income. (Acts 64th Leg., R.S., Ch. 36, Sec. 14(h)
15403	15403	(part).)
15404	15404	Sec. 11003.264. BONDS EXEMPT FROM TAXATION. A district
15405	15405	bond, the transfer of the bond, and the income from the bond,
15406	15406	including profits made on the sale of the bond, are exempt from
15407	15407	taxation in this state. (Acts 64th Leg., R.S., Ch. 36, Sec. 22
15408	15408	(part).)
15409	15409	Sec. 11003.265. DETACHMENT OF DISTRICT TERRITORY AFTER
15410	15410	ISSUANCE OF BONDS. Territory may not be detached from the district
15411	15411	after the issuance of bonds payable from revenue or taxes, or both
15412	15412	revenue and taxes. (Acts 64th Leg., R.S., Ch. 36, Sec. 17(a)
15413	15413	(part).)
15414	15414	ARTICLE 2. CONFORMING AMENDMENTS
15415	15415	SECTION 2.01. Section 1, Chapter 317, Acts of the 59th
15416	15416	Legislature, Regular Session, 1965, is amended to read as follows:
15417	15417	Sec. 1. [Pursuant to the provisions of Section 9 of Article
15418	15418	IX of the Constitution of the State of Texas, this Act shall be
15419	15419	operative so as to authorize the creation, establishment,
15420	15420	maintenance and operation of a Hospital District within the State
15421	15421	of Texas, to be known as] Yoakum Hospital District, situated in the
15422	15422	Counties of DeWitt, Lavaca and Gonzales, Texas, and the boundaries
15423	15423	of said District shall be coextensive with the boundaries of the
15424	15424	three school districts, hereinafter named as constituted on January
15425	15425	1, 1965, lying adjacent and forming one body of land, situated
15426	15426	partly in the Counties of DeWitt, Lavaca and Gonzales, Texas, to
15427	15427	wit:
15428	15428	HOPE COMMON SCHOOL DISTRICT No. 58, lying wholly in Lavaca
15429	15429	County, Texas, SWEET HOME COMMON SCHOOL DISTRICT No. 41, lying
15430	15430	wholly in Lavaca County, Texas, and YOAKUM INDEPENDENT SCHOOL
15431	15431	DISTRICT, lying partly within the Counties of DeWitt, Lavaca and
15432	15432	Gonzales, Texas, except as that certain area excluded therefrom
15433	15433	situated in said Yoakum Independent School District, in DeWitt
15434	15434	County, Texas, lying near the City of Cuero and adjacent to the
15435	15435	present Cuero Independent School District, and better described as
15436	15436	being all of the William Norwall (W. L. Norwall) Survey A-371; all
15437	15437	of the S. B. Mixon Survey A-341; all of the Joshua Threadgill Survey
15438	15438	A-454; and all of the William S. Townsend Survey A-457.
15439	15439	[The District shall have the powers and responsibilities
15440	15440	provided by the aforesaid Constitutional provision and as
15441	15441	hereinafter prescribed.]
15442	15442	SECTION 2.02. Section 2, Chapter 18, Acts of the 55th
15443	15443	Legislature, 1st Called Session, 1957, is amended to read as
15444	15444	follows:
15445	15445	Sec. 2. [It is expressly determined and found that all of
15446	15446	the land and other property included within the area and boundaries
15447	15447	of the District (Bell County Water Control and Improvement District
15448	15448	No. 6) will be benefited by the works and projects which are to be
15449	15449	accomplished by the District pursuant to the powers conferred by
15450	15450	the provisions of Article XVI, Section 59, of the Constitution of
15451	15451	Texas, and that said District was and is created to serve a public
15452	15452	use and benefit.] The area of the District shall be all of that
15453	15453	territory enclosed within the following metes and bounds
15454	15454	description, to-wit:
15455	15455	BEGINNING at intersection of right bank of Leon River with
15456	15456	center line of Belton-Shallow Ford Road.
15457	15457	THENCE westerly with said road, 6800 feet, more or less, to
15458	15458	east line of M. F. Connell Survey, Abstract #6.
15459	15459	THENCE N. 19° E., 925 feet, more or less, with said survey to
15460	15460	point that would intersect East 6th Street, Belton, Texas.
15461	15461	THENCE westerly with said 6th Street to Santa Fe Railroad
15462	15462	Belton Spur.
15463	15463	THENCE northerly with said Spur to Santa Fe Railroad Main
15464	15464	Line Right-of-Way.
15465	15465	THENCE westerly with said Santa Fe Right-of-Way to road going
15466	15466	north to Belton Dam Site.
15467	15467	THENCE northerly 800 feet, more or less, with Belton Dam Site
15468	15468	Road to north line of Lewis Walker Survey, Abstract #860.
15469	15469	THENCE N. 71° W., 12,000 feet, more or less, with north line
15470	15470	of Walker Survey, to its northwest corner.
15471	15471	THENCE S. 19° W., 150 feet, more or less, to Belton-Sparta
15472	15472	Road.
15473	15473	THENCE northwesterly 4500 feet, more or less, with said
15474	15474	Belton-Sparta Road to east line of A. C. Barrington Tract.
15475	15475	THENCE northerly 2300 feet, more or less, with east line of
15476	15476	Barrington Tract to its northeast corner, in north line of Wm.
15477	15477	Norvell Survey, Abstract #627.
15478	15478	THENCE N. 71° W. to the northwest corner of Norvell Survey and
15479	15479	the northeast corner of Wiley Jones Survey, Abstract #475.
15480	15480	THENCE S. 19° W. with Fort Hood Reservation and the east line
15481	15481	of Jones Survey 7400 feet, more or less, to corner of said
15482	15482	Reservation.
15483	15483	THENCE westerly 16,000 feet, more or less, with said
15484	15484	Reservation south line, to the most northerly northwest corner of
15485	15485	C. O. Kaiser Tract.
15486	15486	THENCE southerly 860 feet, more or less, with said
15487	15487	Reservation Line to an ell corner of Kaiser Tract.
15488	15488	THENCE N. 71° W., 7800 feet, more or less, to a point in the
15489	15489	east line of Wm. Brown Survey, Abstract #87.
15490	15490	THENCE S. 19° W. to the southeast corner of said Brown Survey.
15491	15491	THENCE N. 71° W. to the southwest corner of said Brown Survey,
15492	15492	in the east line of G. W. Cartwright Survey.
15493	15493	THENCE southerly 3880 feet, more or less, with Reservation
15494	15494	Line and east line of said Cartwright Survey to the northeast corner
15495	15495	of T. J. Cox Tract.
15496	15496	THENCE N. 71° W., 1850 feet, more or less, with Reservation
15497	15497	and Cox Line to northwest corner of Cox's Tract in the east line of
15498	15498	Grady Bagby Tract.
15499	15499	THENCE N. 19° E., 1100 feet, more or less, with Bagby's east
15500	15500	line and Reservation Line, to the northeast corner of Bagby Tract.
15501	15501	THENCE westerly 5800 feet, more or less, with Reservation
15502	15502	Line and north line of Bagby and T. L. Bishop Tracts, a corner in
15503	15503	east line of Perry Hicks Tract.
15504	15504	THENCE northerly 1450 feet, more or less, to Hicks northeast
15505	15505	corner and corner of Reservation.
15506	15506	THENCE N. 71° W., 3100 feet, more or less, to point in public
15507	15507	road for corner of this.
15508	15508	THENCE northwesterly 8000 feet, more or less, with said road
15509	15509	and Reservation Line to northwest corner of W. S. Whitmire Tract and
15510	15510	corner of this.
15511	15511	THENCE N. 71° W., 3500 feet, more or less, with Reservation
15512	15512	Line to northwest corner of E. R. Hilliard Tract.
15513	15513	THENCE S. 19° W., 850 feet, more or less, to northeast corner
15514	15514	of W. T. Dugger Tract.
15515	15515	THENCE N. 71° W., 1320 feet, more or less, with Reservation
15516	15516	Line and north line of Dugger to Dugger's northwest corner in west
15517	15517	line of A. Dickson Survey, Abstract #265.
15518	15518	THENCE S. 19° W., 4600 feet, more or less, with Reservation
15519	15519	Line to corner thereof.
15520	15520	THENCE westerly 9100 feet, more or less, with Reservation
15521	15521	Line to northwest corner of Fairway Park Addition, Killeen, Texas,
15522	15522	and corner of Reservation.
15523	15523	THENCE S. 19° W., 1300 feet, more or less, to corner of
15524	15524	Fairway Park Addition, S. 71° E., 100 feet, more or less to ell
15525	15525	corner of Fairway Park Addition, and S. 19° W., 1200 feet, more or
15526	15526	less, to the north line of A. Thompson Survey, Abstract #813.
15527	15527	THENCE N. 71° W. to northwest corner of A. Thompson Survey.
15528	15528	THENCE S. 19° W., 5800 feet, more or less, with Reservation
15529	15529	Line to ell corner of Wendland Tract.
15530	15530	THENCE N. 71° W., 800 feet, more or less, and S. 19° W., 1500
15531	15531	feet, more or less, to point in east line of Thomas Robinett Survey,
15532	15532	Abstract #686, northeast corner of Mrs. Joe Harris Tract for corner
15533	15533	of this and of Reservation.
15534	15534	THENCE N. 71° W., 8000 feet, more or less, with Reservation
15535	15535	Line, the northwest corner of L. A. Williams Tract.
15536	15536	THENCE southwesterly 3400 feet, more or less, with
15537	15537	Reservation Line to a point in north line of Oscar Rose Tract.
15538	15538	THENCE N. 71° W., 5700 feet, more or less, to west line of said
15539	15539	Robinett Survey and the northwest corner of H. Shorn 251 acre tract.
15540	15540	THENCE S. 19° W., 13,900 feet, more or less, to southwest
15541	15541	corner of Theron Shepard Tract in west line of J. E. Madera Survey,
15542	15542	Abstract #600.
15543	15543	THENCE S. 71° E., 1800 feet, more or less, to most southerly
15544	15544	southeast corner of said Shepard Tract in west line of C. V.
15545	15545	Bouchelle Tract.
15546	15546	THENCE N. 19° E., 600 feet, more or less, to the most
15547	15547	northerly northwest corner of the Bouchelle Tract.
15548	15548	THENCE S. 71° E., 1600 feet, more or less, to northeast corner
15549	15549	of Bouchelle Tract in west line of A. J. Henderson Tract.
15550	15550	THENCE N. 19° E., 1700 feet, more or less, to the most
15551	15551	northerly northwest corner of Henderson Tract, S. 71° E., 600 feet,
15552	15552	more or less, to an ell corner of Henderson Tract, and N. 19° E.,
15553	15553	2300 feet, more or less, to the northwest corner of said Henderson
15554	15554	Tract in south line of Robinett Survey.
15555	15555	THENCE S. 71° E., 12,000 feet, more or less, with south line
15556	15556	of Robinett Survey and projecting said line to west line of Azra
15557	15557	Webb Survey, Abstract #857, for a corner of this.
15558	15558	THENCE S. 19° W., 7000 feet, more or less, with west line of
15559	15559	said Webb Survey and road to southwest corner of said Webb Survey.
15560	15560	THENCE S. 71° E., 6000 feet, more or less, to southeast corner
15561	15561	of said Webb Survey, a road intersection for corner of this.
15562	15562	THENCE easterly with public road, at 5400 feet, more or less,
15563	15563	the southwest corner of Sarah Llewelyn 100 acre tract.
15564	15564	THENCE northerly 1300 feet, more or less, to the northwest
15565	15565	corner of said 100 acre tract, and easterly 2000 feet, more or less,
15566	15566	to northeast corner of said 100 acre tract in west line of Llewelyn
15567	15567	300 acre tract.
15568	15568	THENCE N. 19° E., 1800 feet, more or less, with west line of
15569	15569	said 300 acre tract, 2500 feet, more or less, from the northwest
15570	15570	corner thereof.
15571	15571	THENCE N. 71° E., 5600 feet, more or less, to point in east
15572	15572	line of Robert Cunningham Survey, Abstract #199, and west line of
15573	15573	Robert Cunningham Survey, Abstract #198, and southwest corner of L.
15574	15574	M. Parmer 100 acre tract.
15575	15575	THENCE N. 19° W., 2000 feet, more or less, to southwest corner
15576	15576	of E. L. Sprott Tract.
15577	15577	THENCE N. 71° E., 2000 feet, more or less, with south line of
15578	15578	Sprott Tract to southeast corner of Sprott Tract.
15579	15579	THENCE N. 19° W., 1650 feet, more or less, to northwest corner
15580	15580	of R. L. Bigham Tract in north line of said Cunningham Survey,
15581	15581	Abstract #198.
15582	15582	THENCE N. 71° E., 2800 feet, more or less, with north line of
15583	15583	Bigham Tract and north line of Cunningham Survey to point in
15584	15584	Killeen-Salado Road.
15585	15585	THENCE easterly 3300 feet, more or less, with said road to
15586	15586	southwest corner of J. A. Cox Survey, Abstract #189.
15587	15587	THENCE S. 71° E., 5000 feet, more or less, with south line of
15588	15588	said Cox Survey and south line of J. J. Tomlinson Survey, Abstract
15589	15589	#831, the southeast corner of said Tomlinson Survey in west line of
15590	15590	Martha Smith Survey, Abstract #750, for corner of this.
15591	15591	THENCE N. 19° E., 660 feet, more or less, with said Smith's
15592	15592	west line to northwest corner of Norris Tract.
15593	15593	THENCE S. 71° E., 4300 feet, more or less, to east line of said
15594	15594	Smith Survey and west line of Albert Gallatin Survey, Abstract
15595	15595	#363.
15596	15596	THENCE S. 19° W., 2300 feet, more or less, to southwest corner
15597	15597	of said Gallatin Survey.
15598	15598	THENCE S. 71° E., 5280 feet, more or less, to southeast corner
15599	15599	of said Gallatin Survey in west line of Eliz Dawson Survey, Abstract
15600	15600	#258.
15601	15601	THENCE S. 19° W., 1300 feet, more or less, to most westerly
15602	15602	southwest corner of said Dawson Survey.
15603	15603	THENCE S. 71° E., 4400 feet, more or less, to point in east
15604	15604	line of said Dawson Survey, and west line of Uriah Hunt Survey,
15605	15605	Abstract #401, said point being in road and in west line of M. D.
15606	15606	Boydston Tract.
15607	15607	THENCE S. 19° W., 500 feet, more or less, to southwest corner
15608	15608	of Boydston Tract at road intersection.
15609	15609	THENCE easterly 5000 feet, more or less, with said road to
15610	15610	northwest corner of Vernon Ellis Tract, in east line of said Hunt
15611	15611	Survey.
15612	15612	THENCE S. 19° W., 1600 feet, more or less, with Hunt east line
15613	15613	to northwest corner of the J. M. Lane Survey, Abstract #531.
15614	15614	THENCE S. 71° E. to most northerly northeast corner of said
15615	15615	Lane Survey.
15616	15616	THENCE S. 19° W. to ell corner of said Lane Survey.
15617	15617	THENCE S. 71° E. to most easterly northeast corner of said
15618	15618	Lane Survey.
15619	15619	THENCE S. 19° W. to southeast corner of said Lane Survey and
15620	15620	most southerly corner of P. G. Rucker Survey, Abstract #1119, in
15621	15621	north line of T. J. Nabors Survey, Abstract #631.
15622	15622	THENCE N. 71° E. to northeast corner of said Nabors Survey.
15623	15623	THENCE S. 19° E. to west line of Bill Wendland Tract.
15624	15624	THENCE N. 19° E., 1600 feet, more or less, with Wendland west
15625	15625	line to south line of John Hughes Survey, Abstract #379.
15626	15626	THENCE N. 71° W., 1000 feet, more or less, to southwest corner
15627	15627	of said Hughes Survey.
15628	15628	THENCE N. 19° E. with said west line to Belton-Keyes Valley
15629	15629	Road.
15630	15630	THENCE easterly 12,000 feet, more or less, with said road to
15631	15631	its intersection with Highway #190, at Fred Hills.
15632	15632	THENCE easterly with said Highway #190, to west line of John
15633	15633	Lewis Survey, Abstract #512, at W. T. Mills northwest corner.
15634	15634	THENCE S. 19° W., 1200 feet, more or less, to Mills southwest
15635	15635	corner.
15636	15636	THENCE S. 71° E., 4600 feet, more or less, with south lines of
15637	15637	Mills, Mrs. J. C. Varnell and Mrs. Katie Peeler Tracts to point in
15638	15638	public road, southeast corner Peeler Tract for corner of this.
15639	15639	THENCE S. 19° W. with said road, 1200 feet, more or less, to
15640	15640	southwest corner of H. C. Farrell Tract.
15641	15641	THENCE easterly 7200 feet, more or less, with road to
15642	15642	southeast corner of F. R. Stegall Tract, in the west line of J. S.
15643	15643	Huey Tract, in the east line of the J. Townsend Survey, Abstract
15644	15644	#818.
15645	15645	THENCE S. 19° W., 1300 feet, more or less, to J. Townsend
15646	15646	southeast corner in west line of J. P. Wallace Survey, Abstract
15647	15647	#906.
15648	15648	THENCE S. 71° E., 17,500 feet, more or less, to east line of O.
15649	15649	T. Tyler Survey, Abstract #20.
15650	15650	THENCE N. 19° E., 4000 feet, more or less, to northeast corner
15651	15651	of Tyler Survey on right bank of Leon River.
15652	15652	THENCE up said Leon River to the place of beginning.
15653	15653	[It is determined and found by the Legislature that the
15654	15654	boundaries and field notes of said District form a closure, and if
15655	15655	any mistake is made in copying the field notes in the legislative
15656	15656	process, or otherwise a mistake is made in the field notes, it shall
15657	15657	in no way or manner affect the organization, existence and validity
15658	15658	of said District, and the right of said District to issue bonds or
15659	15659	refunding bonds, or to pay the principal and/or interest thereon,
15660	15660	and the right to assess, levy and collect taxes, or in any manner
15661	15661	affect the legality or operation of said District or its governing
15662	15662	body.]
15663	15663	SECTION 2.03. Section 1, Chapter 286, Acts of the 54th
15664	15664	Legislature, Regular Session, 1955, is amended to read as follows:
15665	15665	Sec. 1. [Under and pursuant to the provisions of Article 16,
15666	15666	Section 59, of the Constitution, a conservation and reclamation
15667	15667	district is hereby created and incorporated in Wharton County,
15668	15668	Texas, to be known as "Boling Municipal Water District,"
15669	15669	hereinafter sometimes referred to as the "District".] The
15670	15670	boundaries of the district [thereof] shall be as follows:
15671	15671	All the following tract of land comprising approximately 569
15672	15672	acres or 0.89 (89/100ths) of a square mile and being in the Stephen
15673	15673	F. Austin League, Abstract No. 2, Wharton County, Texas:
15674	15674	Beginning at the Northwest Corner of the Lalla Rookh
15675	15675	Plantation;
15676	15676	Thence easterly along the north boundary line of the Lalla
15677	15677	Rookh Plantation a distance of 3,127 feet to a corner;
15678	15678	Thence along a line bearing south 31 degrees 0 minutes west, a
15679	15679	distance of approximately 2,225 feet to an intersection with the
15680	15680	northeast corner of Block 34 of the Oil City Addition;
15681	15681	Thence along a line bearing south 41 degrees 45 minutes west,
15682	15682	a distance of approximately 3,040 feet to a point on the north
15683	15683	boundary line of the William Owens Estate Partition in the Lalla
15684	15684	Rookh Plantation;
15685	15685	Thence along a line bearing north 59 degrees 9 minutes west, a
15686	15686	distance of approximately 4,200 feet to a point on the west boundary
15687	15687	line of the May and Martin Subdivision;
15688	15688	Thence northerly along the west boundary line of the May and
15689	15689	Martin Subdivision, a distance of approximately 2,165 feet to a
15690	15690	point on the south boundary line of the Duncan Addition, Boling,
15691	15691	Texas;
15692	15692	Thence westerly along the south boundary line of the Duncan
15693	15693	Addition, Boling, Texas, a distance of 91.2 feet to the southwest
15694	15694	corner of the Duncan Addition, Boling, Texas;
15695	15695	Thence along a line bearing north 42 degrees 0 minutes east, a
15696	15696	distance of approximately 4,680 feet to a point on the south
15697	15697	boundary line of the R. E. Vineyard Subdivision;
15698	15698	Thence easterly along the south boundary line of the R. E.
15699	15699	Vineyard Subdivision, a distance of approximately 785 feet to the
15700	15700	west boundary line of the Bear Camp Plantation;
15701	15701	Thence southerly along the west boundary line of the Bear
15702	15702	Camp Plantation a distance of approximately 1,585 feet to the
15703	15703	northwest corner of the Lalla Rookh Plantation, the point of
15704	15704	beginning.
15705	15705	SECTION 2.04. Section 2, Chapter 17, Acts of the 56th
15706	15706	Legislature, 1st Called Session, 1959, is amended to read as
15707	15707	follows:
15708	15708	Sec. 2. [Territory to Be Included in District. It is
15709	15709	expressly determined and found that all of the territory included
15710	15710	within the area of the District will be benefited by the works and
15711	15711	projects which are to be accomplished by the District pursuant to
15712	15712	the powers conferred by the provisions of Article XVI, Section 59 of
15713	15713	the Constitution of Texas.] The area of the District shall be all of
15714	15714	that territory enclosed within the following metes and bounds
15715	15715	description, to wit:
15716	15716	BEGINNING at the NW corner of H & TC Ry Co. Sur. 341, Block
15717	15717	1-A, for the NW Cor. of this District;
15718	15718	THENCE east along the north boundary lines of Secs. 341, 340
15719	15719	and 339, to the northwest cor. of Sec. 338, H & TC Ry Co. Sur., Block
15720	15720	1-A, same being the northeast cor. of Sec. 339, same Sur.;
15721	15721	THENCE north with the east boundary line of Sec. 334, same
15722	15722	Sur., and the west boundary line of Sec. 335 of said Sur. to the
15723	15723	northwest cor. of said Sec. 335, for cor.;
15724	15724	THENCE east with the north boundary line of Secs. 335 and 336
15725	15725	of said H & TC Ry Co. Sur., to the northeast cor. of said Sec. 336,
15726	15726	for cor. in the west line of R. E. Douglas Sur. #8;
15727	15727	THENCE north with the west line of said Douglas Sur. to the
15728	15728	southwest cor. of Joe Lindley Sur. #1, for cor.;
15729	15729	THENCE east with south line of said Joe Lindley Sur. to its
15730	15730	northeast cor. in the west line of W. H. Donaghe Sur. #9;
15731	15731	THENCE south, then east, then south, with said boundary line
15732	15732	of said Donaghe Sur. #9 to the south line of Alfred Dorsey Sur.
15733	15733	#474, same being the most southwesterly cor. of said W. H. Donaghe
15734	15734	Sur. #9;
15735	15735	THENCE northeast with the line of said Alfred Dorsey Sur.
15736	15736	#474 to the northeast cor. thereof;
15737	15737	THENCE southeast with the line of said Alfred Dorsey Sur. to
15738	15738	the southeast cor. thereof, same being the northeast cor. of J. A.
15739	15739	Monteith Sur. #1;
15740	15740	THENCE southwest with the line of said Alfred Dorsey Sur. to
15741	15741	the northwest cor. of the M. C. Allen Sur. #1;
15742	15742	THENCE south with the west line of said M. C. Allen Sur. #1 to
15743	15743	the southwest cor. thereof; same being the northwest cor. of H & TC
15744	15744	Ry Sec. 347, Block 1-A;
15745	15745	THENCE east along the lines of said Sec. 347 and J. N. Lindley
15746	15746	Sur. #2, to the northeast cor. of said J. N. Lindley Sur. #2 for cor.
15747	15747	in the west boundary line of the Pedro Martinez Sur. #299;
15748	15748	THENCE southeast with the line of said Martinez Sur. to the
15749	15749	northwest boundary line of J. M. Lindley Sur. #26, the southwest
15750	15750	cor. of said Pedro Martinez Sur.;
15751	15751	THENCE west with the north boundary line of said J. M. Lindley
15752	15752	Sur. #26, to the northeast cor. of J. M. Lindley Sur. #25, and the
15753	15753	northwest cor. of said J. M. Lindley Sur. #26;
15754	15754	THENCE southeast with the westerly lines of the J. M. Lindley
15755	15755	Sur. #26, and the S. K. White Sur. #30, to the southwest cor. of said
15756	15756	S. K. White Sur. in the northeast line of S. K. White Sur. #32;
15757	15757	THENCE northeast with the line of said S. K. White Sur. #30,
15758	15758	and the north line of L. N. Taylor Sur. #6, to the west boundary line
15759	15759	of Runnels County;
15760	15760	THENCE south along the lines of Coke and Runnels Counties,
15761	15761	crossing L. N. Taylor Surs. 6, 5, 4, and 2 to the point where the
15762	15762	south line of said L. N. Taylor Sur. #2 intersects the west boundary
15763	15763	line of Runnels County for cor.;
15764	15764	THENCE west with the south boundary line of said L. N. Taylor
15765	15765	Sur. #2 and the north boundary line of the H. A. Thomson Sur. #3, to
15766	15766	the northwest cor. of the east 1/2 of said H. A. Thomson Sur.;
15767	15767	THENCE south with the west line of the east 1/2 of said H. A.
15768	15768	Thomson Sur. to the southwest cor. of said east 1/2 of said H. A.
15769	15769	Thomson Sur.;
15770	15770	THENCE west with the south line of the west 1/2 of said H. A.
15771	15771	Thomson Sur. and the south line of B. B. B. & C. RR. Co. Sur. to the
15772	15772	southwest cor. of said H. A. Thomson Sur., the northwest cor. of
15773	15773	said R. R. Co. Sur. and being in the east boundary line of L. N.
15774	15774	Taylor Sur. #1;
15775	15775	THENCE south with the east boundary line of said L. N. Taylor
15776	15776	Sur. #1 and the west line of said RR. Co. Sur., and with the west
15777	15777	boundary line of Benjamin B. Carr Sur., and the west boundary line
15778	15778	of I & G. N. Ry. Co. Sur., and the east boundary line of S. F. 8339 to
15779	15779	a point in said lines lying due east from the northeast cor. of J. W.
15780	15780	Jackson Sur. #2 for cor.;
15781	15781	THENCE west pass the northeast cor. of said Jackson Sur., and
15782	15782	along the north boundary line of same and the south boundary line of
15783	15783	M. M. McCutchen Sur. #3, to the northeast cor. of J. N. Sterling
15784	15784	Sur. #9, for cor.;
15785	15785	THENCE south with the west boundary line of said Jackson Sur.
15786	15786	to the southwest cor. thereof in the northeast boundary line of Wm.
15787	15787	L. Coulson Sur. #326;
15788	15788	THENCE northwest with the line of said Wm. L. Coulson Sur.
15789	15789	326, to the northwest cor. thereof;
15790	15790	THENCE southwest along the west boundary line of said Coulson
15791	15791	Sur., and the east boundary line of J. P. Moore Sur. #327, to the
15792	15792	southwest cor. of said Coulson Sur. and the southeast cor. of said
15793	15793	Moore Sur. on the bank of the Colorado River;
15794	15794	THENCE up said River with its meanders along the south
15795	15795	boundary lines of said J. P. Moore Sur. 327 and J. P. Moore Sur. #328
15796	15796	and the Nicholas Eastland Sur. #29, to the east boundary line of the
15797	15797	KCM&O Railroad Right of Way;
15798	15798	THENCE north with the east boundary line of said Right of Way
15799	15799	to the north boundary line of Nicholas Eastland Sur. 330;
15800	15800	THENCE west with the north boundary line of said Eastland
15801	15801	Sur. #330, crossing said Railroad to the northwest cor. of said
15802	15802	Eastland Sur. 330;
15803	15803	THENCE south with the east line of Nicholas Eastland Sur.
15804	15804	#331, and the west line of said Eastland Sur. 330 to the southeast
15805	15805	cor. of said Eastland Sur. #331, and the southwest cor. of said
15806	15806	Eastland Sur. #330, on the north bank of the Colorado River;
15807	15807	THENCE west along the north bank of said River and the south
15808	15808	lines of said Eastland Sur. #331, and the C&M R. R. Co. Sur. to the
15809	15809	southwest cor. thereof on the north bank of the Colorado River;
15810	15810	THENCE northeast along the east boundary line of the Lee J.
15811	15811	Good Sur. #6, to the south boundary line of H & T.C. Ry Co. Sec. 453,
15812	15812	for cor.;
15813	15813	THENCE west with the south boundary line of said Sec. 453, to
15814	15814	the southwest cor. thereof;
15815	15815	THENCE north with the west lines of said Sec. 453 and Sec.
15816	15816	#450, same Sur. to the southeast cor. of Sec. 432, same Sur., being
15817	15817	the northeast cor. of Sec. 449, same Sur., and the northwest cor. of
15818	15818	Sec. 450, same Sur.;
15819	15819	THENCE west with the south line of Sec. 432, same Sur., and
15820	15820	the north line of Sec. 449, same Sur. to the southwest cor. of said
15821	15821	Sec. 432;
15822	15822	THENCE north with the west line of said Sec. 432 to the
15823	15823	northwest Cor. thereof and the southeast cor. of Sec. 422, same
15824	15824	Sur.;
15825	15825	THENCE west with the south line of said Sec. 422, to the
15826	15826	southwest cor. thereof, same being the northeast cor. of Sec. #434,
15827	15827	same Sur.;
15828	15828	THENCE north along the west lines of Secs. 422 and 399, same
15829	15829	Sur., to the southeast cor. of Sec. 387, same Sur.;
15830	15830	THENCE west with the north boundary line of Sec. 400, same
15831	15831	Sur., to the southwest cor. of Sec. 387, same being the northeast
15832	15832	cor. of Sec. 401, H&TC Ry. Co., Block 1-A, same Sur.;
15833	15833	THENCE north with the west line of said Sec. 387, to the
15834	15834	northwest cor. thereof, being the northeast cor. of Sec. 386, same
15835	15835	Sur.;
15836	15836	THENCE west with the north boundary line of said Sec. 386 and
15837	15837	the south boundary line of Sec. 369, same Sur., to the southwest
15838	15838	cor. of said Sec. 369, the northeast cor. of Sec. 385, H&TC RR. Co.
15839	15839	Sur., Block 1-A: "Same Sur.";
15840	15840	THENCE north, along the west lines of Secs. 369, 354 and 341,
15841	15841	same being the east lines of Secs. 370, 355 and 342, same Sur., H&TC
15842	15842	RR. Co., Block 1-A, to the northwest cor. of said Sec. 341; the
15843	15843	place of beginning.
15844	15844	ARTICLE 3. REPEALERS
15845	15845	SECTION 3.01. The following statutes are repealed:
15846	15846	(1) Chapter 108, Acts of the 59th Legislature, Regular
15847	15847	Session, 1965;
15848	15848	(2) Sections 2 and 3, Chapter 563, Acts of the 63rd
15849	15849	Legislature, Regular Session, 1973;
15850	15850	(3) Chapter 118, Acts of the 63rd Legislature, Regular
15851	15851	Session, 1973;
15852	15852	(4) Chapter 182, Acts of the 60th Legislature, Regular
15853	15853	Session, 1967;
15854	15854	(5) Chapter 638, Acts of the 61st Legislature, Regular
15855	15855	Session, 1969;
15856	15856	(6) Sections 7(b), (c), and (d), Chapter 716, Acts of
15857	15857	the 72nd Legislature, Regular Session, 1991;
15858	15858	(7) Chapter 298, Acts of the 58th Legislature, Regular
15859	15859	Session, 1963;
15860	15860	(8) Sections 2 and 3, Chapter 165, Acts of the 63rd
15861	15861	Legislature, Regular Session, 1973;
15862	15862	(9) Section 2, Chapter 1116, Acts of the 71st
15863	15863	Legislature, Regular Session, 1989;
15864	15864	(10) Chapter 110, Acts of the 58th Legislature,
15865	15865	Regular Session, 1963;
15866	15866	(11) Chapter 658, Acts of the 64th Legislature,
15867	15867	Regular Session, 1975;
15868	15868	(12) Section 2, Chapter 70, Acts of the 72nd
15869	15869	Legislature, Regular Session, 1991;
15870	15870	(13) Chapter 315, Acts of the 58th Legislature,
15871	15871	Regular Session, 1963;
15872	15872	(14) Chapter 6, Acts of the 59th Legislature, Regular
15873	15873	Session, 1965;
15874	15874	(15) Chapter 323, Acts of the 62nd Legislature,
15875	15875	Regular Session, 1971;
15876	15876	(16) Sections 7 and 8, Chapter 1117, Acts of the 70th
15877	15877	Legislature, Regular Session, 1987;
15878	15878	(17) Chapter 511, Acts of the 65th Legislature,
15879	15879	Regular Session, 1977;
15880	15880	(18) Section 2, Chapter 535, Acts of the 66th
15881	15881	Legislature, Regular Session, 1979;
15882	15882	(19) Section 2, Chapter 18, Acts of the 67th
15883	15883	Legislature, Regular Session, 1981;
15884	15884	(20) Chapter 293, Acts of the 60th Legislature,
15885	15885	Regular Session, 1967; and
15886	15886	(21) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
15887	15887	14, 15, 16, 17, 18, 19, 20, and 21, Chapter 317, Acts of the 59th
15888	15888	Legislature, Regular Session, 1965.
15889	15889	SECTION 3.02. The following statutes are repealed:
15890	15890	(1) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15891	15891	15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26, Chapter 135, Acts
15892	15892	of the 62nd Legislature, Regular Session, 1971;
15893	15893	(2) Chapter 1073, Acts of the 68th Legislature,
15894	15894	Regular Session, 1983;
15895	15895	(3) Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, and
15896	15896	14, Chapter 882, Acts of the 78th Legislature, Regular Session,
15897	15897	2003;
15898	15898	(4) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13,
15899	15899	Chapter 1382, Acts of the 77th Legislature, Regular Session, 2001;
15900	15900	(5) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 696, Acts
15901	15901	of the 62nd Legislature, Regular Session, 1971;
15902	15902	(6) Sections 1, 2, 3, 4(b), 5, 6, 7, and 8, Chapter
15903	15903	947, Acts of the 69th Legislature, Regular Session, 1985;
15904	15904	(7) Sections 1, 2, 3, 4(b), 5, 6, 7, and 8, Chapter
15905	15905	764, Acts of the 69th Legislature, Regular Session, 1985;
15906	15906	(8) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 687, Acts
15907	15907	of the 65th Legislature, Regular Session, 1977;
15908	15908	(9) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 625, Acts
15909	15909	of the 62nd Legislature, Regular Session, 1971;
15910	15910	(10) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 247,
15911	15911	Acts of the 62nd Legislature, Regular Session, 1971;
15912	15912	(11) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 650,
15913	15913	Acts of the 62nd Legislature, Regular Session, 1971;
15914	15914	(12) Sections 1.01, 1.02, 1.04, 1.05, 1.06, 1.07,
15915	15915	1.08, 1.09, 1.10, 1.11, 1.12, and 1.13, Chapter 791, Acts of the
15916	15916	74th Legislature, Regular Session, 1995;
15917	15917	(13) Sections 2.01, 2.02, 2.04, 2.05, 2.06, 2.07,
15918	15918	2.08, 2.09, 2.10, 2.11, 2.12, and 2.13, Chapter 791, Acts of the
15919	15919	74th Legislature, Regular Session, 1995;
15920	15920	(14) Sections 3.01, 3.02, 3.04, 3.05, 3.06, 3.07,
15921	15921	3.08, 3.09, 3.10, 3.11, 3.12, and 3.13, Chapter 791, Acts of the
15922	15922	74th Legislature, Regular Session, 1995;
15923	15923	(15) Sections 4.01, 4.02, 4.04, 4.05, 4.06, 4.07,
15924	15924	4.08, 4.09, 4.10, 4.11, 4.12, and 4.13, Chapter 791, Acts of the
15925	15925	74th Legislature, Regular Session, 1995;
15926	15926	(16) Sections 5.01, 5.02, 5.04, 5.05, 5.06, 5.07,
15927	15927	5.08, 5.09, 5.10, 5.11, 5.12, and 5.13, Chapter 791, Acts of the
15928	15928	74th Legislature, Regular Session, 1995;
15929	15929	(17) Sections 6.01, 6.02, 6.04, 6.05, 6.06, 6.07,
15930	15930	6.08, 6.09, 6.10, 6.11, 6.12, and 6.13, Chapter 791, Acts of the
15931	15931	74th Legislature, Regular Session, 1995;
15932	15932	(18) Sections 7.01, 7.02, 7.04, 7.05, 7.06, 7.07,
15933	15933	7.08, 7.09, 7.10, 7.11, 7.12, and 7.13, Chapter 791, Acts of the
15934	15934	74th Legislature, Regular Session, 1995;
15935	15935	(19) Section 8.01, Chapter 791, Acts of the 74th
15936	15936	Legislature, Regular Session, 1995;
15937	15937	(20) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 662,
15938	15938	Acts of the 62nd Legislature, Regular Session, 1971;
15939	15939	(21) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 689,
15940	15940	Acts of the 62nd Legislature, Regular Session, 1971;
15941	15941	(22) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 668,
15942	15942	Acts of the 62nd Legislature, Regular Session, 1971;
15943	15943	(23) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 669,
15944	15944	Acts of the 62nd Legislature, Regular Session, 1971;
15945	15945	(24) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 630,
15946	15946	Acts of the 62nd Legislature, Regular Session, 1971;
15947	15947	(25) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 682,
15948	15948	Acts of the 62nd Legislature, Regular Session, 1971;
15949	15949	(26) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12,
15950	15950	Chapter 865, Acts of the 69th Legislature, Regular Session, 1985;
15951	15951	(27) Chapter 63, Acts of the 43rd Legislature, 1st
15952	15952	Called Session, 1933;
15953	15953	(28) Section 2, Chapter 873, Acts of the 71st
15954	15954	Legislature, Regular Session, 1989;
15955	15955	(29) Sections 4 and 5, Chapter 1263, Acts of the 75th
15956	15956	Legislature, Regular Session, 1997;
15957	15957	(30) Sections 2, 3, 4, and 5, Chapter 115, Acts of the
15958	15958	82nd Legislature, Regular Session, 2011;
15959	15959	(31) Chapter 338, General Laws, Acts of the 44th
15960	15960	Legislature, Regular Session, 1935;
15961	15961	(32) Section 14, Article 4, Chapter 484, Acts of the
15962	15962	68th Legislature, Regular Session, 1983;
15963	15963	(33) Sections 3, 4, and 5, Chapter 493, Acts of the
15964	15964	81st Legislature, Regular Session, 2009;
15965	15965	(34) Chapter 1330, Acts of the 77th Legislature,
15966	15966	Regular Session, 2001;
15967	15967	(35) Sections 1, 2, 3, 4(f), 5, 6, 7, 8, 9A, 10, 11, 12,
15968	15968	13, and 14, Chapter 1152, Acts of the 78th Legislature, Regular
15969	15969	Session, 2003;
15970	15970	(36) Chapter 1162, Acts of the 78th Legislature,
15971	15971	Regular Session, 2003;
15972	15972	(37) Section 4, Chapter 893, Acts of the 81st
15973	15973	Legislature, Regular Session, 2009;
15974	15974	(38) Part 7, Article 3, Chapter 966, Acts of the 77th
15975	15975	Legislature, Regular Session, 2001;
15976	15976	(39) Sections 1, 2, 3, 4, 5, 6, 6A, 7, 8, 9, 10, 12, 13,
15977	15977	and 14, Chapter 180, Acts of the 72nd Legislature, Regular Session,
15978	15978	1991;
15979	15979	(40) Chapter 1362, Acts of the 77th Legislature,
15980	15980	Regular Session, 2001;
15981	15981	(41) Section 8, Chapter 521, Acts of the 81st
15982	15982	Legislature, Regular Session, 2009;
15983	15983	(42) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11,
15984	15984	Chapter 1387, Acts of the 77th Legislature, Regular Session, 2001;
15985	15985	(43) Chapter 1343, Acts of the 77th Legislature,
15986	15986	Regular Session, 2001;
15987	15987	(44) Part 14, Article 3, Chapter 966, Acts of the 77th
15988	15988	Legislature, Regular Session, 2001;
15989	15989	(45) Article 3, Chapter 1307, Acts of the 77th
15990	15990	Legislature, Regular Session, 2001;
15991	15991	(46) Part 15, Article 3, Chapter 966, Acts of the 77th
15992	15992	Legislature, Regular Session, 2001;
15993	15993	(47) Article 4, Chapter 1307, Acts of the 77th
15994	15994	Legislature, Regular Session, 2001;
15995	15995	(48) Chapter 1028, Acts of the 73rd Legislature,
15996	15996	Regular Session, 1993;
15997	15997	(49) Section 7, Chapter 38, Acts of the 77th
15998	15998	Legislature, Regular Session, 2001;
15999	15999	(50) Chapter 384, Acts of the 78th Legislature,
16000	16000	Regular Session, 2003;
16001	16001	(51) Chapter 1473, Acts of the 77th Legislature,
16002	16002	Regular Session, 2001;
16003	16003	(52) Section 3, Chapter 858, Acts of the 79th
16004	16004	Legislature, Regular Session, 2005;
16005	16005	(53) Section 3, Chapter 1088, Acts of the 79th
16006	16006	Legislature, Regular Session, 2005;
16007	16007	(54) Sections 1, 2, 3(b), 4, 5, 6, 7, 8, 9, 10, 11, 12,
16008	16008	13, 14, 15, 16, 17, 18, 19, and 20, Chapter 1312, Acts of the 77th
16009	16009	Legislature, Regular Session, 2001;
16010	16010	(55) Section 2, Chapter 1322, Acts of the 79th
16011	16011	Legislature, Regular Session, 2005;
16012	16012	(56) Sections 3 and 4, Chapter 381, Acts of the 81st
16013	16013	Legislature, Regular Session, 2009;
16014	16014	(57) Sections 1, 3, 4, 5, 5a, 6, 7, 8, 9, 10, 11, 12,
16015	16015	13, 14, and 15, Chapter 18, Acts of the 55th Legislature, 1st Called
16016	16016	Session, 1957;
16017	16017	(58) Section 5, Chapter 300, Acts of the 57th
16018	16018	Legislature, Regular Session, 1961;
16019	16019	(59) Section 2, Chapter 1056, Acts of the 68th
16020	16020	Legislature, Regular Session, 1983;
16021	16021	(60) Sections 2, 2A, 3, 4, 4(a), and 5, Chapter 286,
16022	16022	Acts of the 54th Legislature, Regular Session, 1955;
16023	16023	(61) Section 2, Chapter 143, Acts of the 55th
16024	16024	Legislature, Regular Session, 1957;
16025	16025	(62) Chapter 418, Acts of the 52nd Legislature,
16026	16026	Regular Session, 1951;
16027	16027	(63) Section 2, Chapter 186, Acts of the 58th
16028	16028	Legislature, Regular Session, 1963;
16029	16029	(64) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
16030	16030	14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 261, Acts
16031	16031	of the 61st Legislature, Regular Session, 1969;
16032	16032	(65) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
16033	16033	14, 15, 16, 17, 19, and 20, Chapter 101, Acts of the 58th
16034	16034	Legislature, Regular Session, 1963;
16035	16035	(66) Section 2, Chapter 786, Acts of the 65th
16036	16036	Legislature, Regular Session, 1977;
16037	16037	(67) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
16038	16038	14, 15, 16, 17, 18, 19, and 20, Chapter 17, Acts of the 56th
16039	16039	Legislature, 1st Called Session, 1959;
16040	16040	(68) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
16041	16041	14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 598, Acts of
16042	16042	the 59th Legislature, Regular Session, 1965; and
16043	16043	(69) Chapter 36, Acts of the 64th Legislature, Regular
16044	16044	Session, 1975.
16045	16045	ARTICLE 4. GENERAL MATTERS
16046	16046	SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
16047	16047	This Act is enacted under Section 43, Article III, Texas
16048	16048	Constitution. This Act is intended as a codification only, and no
16049	16049	substantive change in the law is intended by this Act. This Act
16050	16050	does not increase or decrease the territory of any special district
16051	16051	of the state as those boundaries exist on the effective date of this
16052	16052	Act.
16053	16053	SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS
16054	16054	LAW. (a) The repeal of a law, including a validating law, by this
16055	16055	Act does not remove, void, or otherwise affect in any manner a
16056	16056	validation under the repealed law. The validation is preserved and
16057	16057	continues to have the same effect that it would have if the law were
16058	16058	not repealed.
16059	16059	(b) Subsection (a) of this section does not diminish the
16060	16060	saving provisions prescribed by Section 311.031, Government Code.
16061	16061	SECTION 4.03. EFFECTIVE DATE. This Act takes effect April
16062	16062	1, 2015.