By: Larson (Senate Sponsor - Lucio) H.B. No. 2803
(In the Senate - Received from the House April 24, 2017;
May 10, 2017, read first time and referred to Committee on
Intergovernmental Relations; May 17, 2017, reported favorably by
the following vote: Yeas 5, Nays 0; May 17, 2017, sent to
printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the nonsubstantive revision of certain local laws
concerning water and wastewater special districts, including
conforming amendments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
SECTION 1.01. Subtitle A, Title 5, Special District Local
Laws Code, is amended by adding Chapters 5009 and 5013 to read as
follows:
CHAPTER 5009. GALVESTON COUNTY NAVIGATION DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 5009.001. DEFINITIONS
Sec. 5009.002. NATURE OF DISTRICT
Sec. 5009.003. LEGISLATIVE FINDINGS
SUBCHAPTER B. POWERS AND DUTIES
Sec. 5009.051. LIMITATION ON POWERS AND DUTIES
SUBCHAPTER C. PROMOTION AND DEVELOPMENT FUND
Sec. 5009.101. ESTABLISHMENT OF FUND; DEPOSITS
Sec. 5009.102. USE OF FUND
Sec. 5009.103. CONTROL OF FUND
CHAPTER 5009. GALVESTON COUNTY NAVIGATION DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 5009.001. DEFINITIONS. In this chapter:
(1) "Commission" means the board of navigation and
canal commissioners of the district.
(2) "District" means the Galveston County Navigation
District No. 1.
(3) "Fund" means a promotion and development fund
created by the district. (New.)
Sec. 5009.002. NATURE OF DISTRICT. The district is created
under Section 59, Article XVI, Texas Constitution. (Acts 54th
Leg., R.S., Ch. 46, Sec. 4 (part).)
Sec. 5009.003. LEGISLATIVE FINDINGS. (a) All land and
other property in the district benefit from the creation of the
district, the carrying out of the purposes for which the district
was created, and the acquisition and construction of navigation
facilities and improvements to carry out those purposes.
(b) The district is necessary to carry out Section 59,
Article XVI, Texas Constitution. (Acts 54th Leg., R.S., Ch. 46,
Sec. 4 (part).)
SUBCHAPTER B. POWERS AND DUTIES
Sec. 5009.051. LIMITATION ON POWERS AND DUTIES.
Notwithstanding any other law, the district, the commission, or
officers of the district may not have any power or authority over
the appointment, remuneration, operations, or conduct of the branch
pilots of the Galveston Bar or the commission of pilots of the
Galveston Bar. (Acts 54th Leg., R.S., Ch. 46, Sec. 4 (part).)
SUBCHAPTER C. PROMOTION AND DEVELOPMENT FUND
Sec. 5009.101. ESTABLISHMENT OF FUND; DEPOSITS. (a) The
district may establish a promotion and development fund.
(b) The district, from time to time, may deposit in the fund
a portion of the district's accumulated money, plus an amount each
year not to exceed 10 percent of the district's total maintenance
and operation taxes, including delinquent taxes, received during a
fiscal year.
(c) The commission shall determine the amount to be
deposited in the fund.
(d) The money in the fund shall be kept separate from other
money and accounts of the district. (Acts 71st Leg., R.S., Ch.
1168, Secs. 1, 3(a).)
Sec. 5009.102. USE OF FUND. The fund may be used only for:
(1) the purposes described by Section 60.203, Water
Code;
(2) the public purposes of development and
diversification of the district's economy; and
(3) joint projects with other political subdivisions
or entities, including funding a program of an entity, to carry out
the purposes of Subchapter H, Chapter 60, Water Code. (Acts 71st
Leg., R.S., Ch. 1168, Sec. 2.)
Sec. 5009.103. CONTROL OF FUND. The fund is under the
exclusive control of the commission, and the commission has full
responsibility for auditing, approving, and safeguarding the
expenditure of money from the fund. (Acts 71st Leg., R.S., Ch.
1168, Sec. 3(b).)
CHAPTER 5013. PORT OF HARLINGEN AUTHORITY
Sec. 5013.001. DEFINITION
Sec. 5013.002. FORMER NAME OF AUTHORITY
Sec. 5013.003. GOVERNING BODY
CHAPTER 5013. PORT OF HARLINGEN AUTHORITY
Sec. 5013.001. DEFINITION. In this chapter, "authority"
means the Port of Harlingen Authority. (Acts 68th Leg., R.S., Ch.
21, Sec. 1(a); New.)
Sec. 5013.002. FORMER NAME OF AUTHORITY. Before April 13,
1983, the authority was known as the Arroyo Colorado Navigation
District of Cameron and Willacy Counties. (Acts 68th Leg., R.S.,
Ch. 21, Sec. 1(a); New.)
Sec. 5013.003. GOVERNING BODY. The navigation and canal
commission of the authority is called the port commission and is
composed of port commissioners. (Acts 68th Leg., R.S., Ch. 21, Sec.
1(b); New.)
SECTION 1.02. Subtitle B, Title 6, Special District Local
Laws Code, is amended by adding Chapter 6913 to read as follows:
CHAPTER 6913. HASKELL COUNTY WATER SUPPLY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6913.001. DEFINITIONS
Sec. 6913.002. NATURE OF DISTRICT
Sec. 6913.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT
TERRITORY
Sec. 6913.051. DISTRICT TERRITORY
Sec. 6913.052. ANNEXATION OF TERRITORY IN HASKELL
COUNTY
Sec. 6913.053. PETITION FOR ANNEXATION; BOARD
DETERMINATION AND RESOLUTION
Sec. 6913.054. COMMISSIONERS COURT RESOLUTION; SETTING
ANNEXATION HEARING
Sec. 6913.055. NOTICE OF ANNEXATION HEARING
Sec. 6913.056. ANNEXATION HEARING
Sec. 6913.057. ANNEXATION FINDINGS AND RESOLUTION;
ELECTION PROPOSITIONS
Sec. 6913.058. NOTICE OF ANNEXATION ELECTION
Sec. 6913.059. ANNEXATION ELECTION RESULTS
Sec. 6913.060. ASSUMPTION OF DEBT; TAXES
Sec. 6913.061. RESTRICTION ON ANNEXATION OF RAILROAD
RIGHT-OF-WAY OR UTILITY PROPERTY
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 6913.101. DIRECTORS
Sec. 6913.102. QUALIFICATIONS FOR OFFICE
Sec. 6913.103. NOTICE OF DIRECTORS' ELECTION
Sec. 6913.104. OFFICERS
Sec. 6913.105. VOTE BY BOARD PRESIDENT
Sec. 6913.106. ABSENCE OR INACTION OF BOARD PRESIDENT
Sec. 6913.107. DIRECTOR AND TREASURER BONDS
Sec. 6913.108. COMPENSATION OF DIRECTORS
SUBCHAPTER D. POWERS AND DUTIES
Sec. 6913.151. ACQUISITION OF WATER OR WATER RIGHTS
Sec. 6913.152. CONSTRUCTION OR ACQUISITION OF PROPERTY
Sec. 6913.153. EMINENT DOMAIN
Sec. 6913.154. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 6913.155. CONSTRUCTION AND PURCHASING CONTRACTS
Sec. 6913.156. CONTRACTS RELATED TO WATER SUPPLY AND
FACILITIES
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 6913.201. DEPOSITORY
Sec. 6913.202. PROJECTS EXEMPT FROM ASSESSMENT OR
TAXATION
Sec. 6913.203. TAX ASSESSOR AND COLLECTOR
SUBCHAPTER F. BONDS
Sec. 6913.251. AUTHORITY TO ISSUE BONDS
Sec. 6913.252. FORM OF BONDS
Sec. 6913.253. MATURITY
Sec. 6913.254. BONDS PAYABLE FROM REVENUE
Sec. 6913.255. BONDS PAYABLE FROM AD VALOREM TAXES
Sec. 6913.256. ELECTION FOR BONDS PAYABLE FROM AD
VALOREM TAXES
Sec. 6913.257. TAX AND COMPENSATION RATES
Sec. 6913.258. ADDITIONAL SECURITY
Sec. 6913.259. USE OF BOND PROCEEDS
Sec. 6913.260. APPOINTMENT OF RECEIVER
Sec. 6913.261. REFUNDING BONDS
Sec. 6913.262. BONDS EXEMPT FROM TAXATION
CHAPTER 6913. HASKELL COUNTY WATER SUPPLY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6913.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commissioners court" means the Haskell County
Commissioners Court.
(3) "Director" means a board member.
(4) "District" means the Haskell County Water Supply
District. (Acts 54th Leg., R.S., Ch. 141, Sec. 1 (part); New.)
Sec. 6913.002. NATURE OF DISTRICT. The district is created
under Section 59, Article XVI, Texas Constitution. (Acts 54th
Leg., R.S., Ch. 141, Sec. 1 (part).)
Sec. 6913.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
All land in the district will benefit from the improvements to be
acquired and constructed by the district.
(b) Because the accomplishment of the purposes stated in
this chapter is for the benefit of the people of this state and for
the improvement of their property and industries, the district in
carrying out the purposes of this chapter performs an essential
public function under the Texas Constitution. (Acts 54th Leg.,
R.S., Ch. 141, Secs. 2 (part), 19 (part).)
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT
TERRITORY
Sec. 6913.051. DISTRICT TERRITORY. The district is
composed of the territory described by Section 2, Chapter 141, Acts
of the 54th Legislature, Regular Session, 1955, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code;
(2) this subchapter or its predecessor statute, former
Section 5, Chapter 141, Acts of the 54th Legislature, Regular
Session, 1955; or
(3) other law. (Acts 54th Leg., R.S., Ch. 141, Sec. 2
(part); New.)
Sec. 6913.052. ANNEXATION OF TERRITORY IN HASKELL COUNTY.
Territory in Haskell County, whether the territory is contiguous to
the district or not, may be annexed to the district as provided by
this subchapter. (Acts 54th Leg., R.S., Ch. 141, Sec. 5 (part).)
Sec. 6913.053. PETITION FOR ANNEXATION; BOARD
DETERMINATION AND RESOLUTION. (a) Territory may be annexed to the
district under this subchapter if a petition requesting annexation
is filed with the board.
(b) The petition must:
(1) be signed by:
(A) 50 registered voters of the territory
proposed to be annexed who own taxable property in that territory;
or
(B) a majority of the registered voters of that
territory who own taxable property in that territory; and
(2) describe the territory proposed to be annexed by
metes and bounds.
(c) If the board determines that the petition complies with
Subsection (b), that the annexation would be in the district's
interest, and that the district will be able to supply water to the
proposed territory, the board shall:
(1) adopt a resolution requesting that the
commissioners court annex the territory to the district and stating
any conditions for annexation of the territory; and
(2) deliver a certified copy of the resolution and of
the petition to the commissioners court. (Acts 54th Leg., R.S., Ch.
141, Secs. 5(a), (b).)
Sec. 6913.054. COMMISSIONERS COURT RESOLUTION; SETTING
ANNEXATION HEARING. On receipt of a board resolution and petition
under this subchapter, the commissioners court shall:
(1) adopt a resolution that declares the court's
intention to call an election in the proposed territory on the
proposition of whether to annex the territory to the district; and
(2) set a time and place to hold a hearing on the
question of whether the proposed territory will benefit from the
improvements, works, and facilities then owned or operated or
contemplated to be owned or operated by the district. (Acts 54th
Leg., R.S., Ch. 141, Sec. 5(c).)
Sec. 6913.055. NOTICE OF ANNEXATION HEARING. (a) Not later
than the 10th day before the date of the annexation hearing, notice
of the resolution adopted under Section 6913.054 shall be published
one time in a newspaper designated by the commissioners court,
except as provided by Subsection (c).
(b) The notice must:
(1) be addressed to the citizens and owners of
property in the proposed territory;
(2) state the time and place of the annexation
hearing; and
(3) describe the proposed territory in the same manner
as Section 6913.053(b) requires.
(c) If a newspaper is not published in the proposed
territory, the notice shall be posted in three public places in the
proposed territory. (Acts 54th Leg., R.S., Ch. 141, Secs. 5(d),
(k).)
Sec. 6913.056. ANNEXATION HEARING. (a) The annexation
hearing may proceed in the order and under the rules prescribed by
the commissioners court, and the court may recess the hearing.
(b) Any interested person may appear at the annexation
hearing and offer evidence for or against the proposed annexation.
(Acts 54th Leg., R.S., Ch. 141, Sec. 5(e) (part).)
Sec. 6913.057. ANNEXATION FINDINGS AND RESOLUTION;
ELECTION PROPOSITIONS. (a) At the conclusion of the annexation
hearing, if the commissioners court finds that all the proposed
territory will benefit from the present or contemplated
improvements, works, or facilities of the district, the
commissioners court shall adopt a resolution that:
(1) calls an election in the proposed territory; and
(2) states the date of the election and the place or
places of holding the election.
(b) In calling an election on the proposition for annexation
of the proposed territory, the commissioners court may include in
the same proposition a proposition for:
(1) the territory to assume its part of the
tax-supported bonds of the district then outstanding and those
bonds previously voted but not yet sold; and
(2) an ad valorem tax to be imposed on taxable property
in the territory along with the tax in the rest of the district for
the payment of the bonds. (Acts 54th Leg., R.S., Ch. 141, Secs.
5(e) (part), (i).)
Sec. 6913.058. NOTICE OF ANNEXATION ELECTION. (a) Not
later than the 10th day before the date set for the election, notice
of the election shall be published one time in a newspaper
designated by the commissioners court, except as provided by
Subsection (c).
(b) In addition to the requirements of Section 4.004,
Election Code, notice of the annexation election must:
(1) state the conditions under which the proposed
territory may be annexed; or
(2) refer to the resolution of the board for that
purpose.
(c) If a newspaper is not published in the proposed
territory, the notice shall be posted in three public places in the
territory. (Acts 54th Leg., R.S., Ch. 141, Secs. 5(f) (part), (k).)
Sec. 6913.059. ANNEXATION ELECTION RESULTS. (a) The
commissioners court shall issue an order declaring the results of
the annexation election.
(b) If the order shows that a majority of the votes cast are
in favor of annexation, the commissioners court shall annex the
proposed territory to the district. The annexation is
incontestable except in the time for contesting elections under the
Election Code.
(c) A certified copy of the order shall be recorded in the
deed records of Haskell County. (Acts 54th Leg., R.S., Ch. 141,
Sec. 5(h) (part).)
Sec. 6913.060. ASSUMPTION OF DEBT; TAXES. (a) After
territory is annexed to the district, the board may order an
election in the district as enlarged to determine whether the
district as enlarged shall assume any tax-supported bonds then
outstanding and those previously voted but not yet sold and impose
an ad valorem tax on all taxable property in the district as
enlarged to pay the bonds, unless the proposition is voted along
with the annexation election and becomes binding on the territory
annexed.
(b) An election ordered under Subsection (a) shall be held
in the same manner as an election under this chapter for the
issuance of bonds. (Acts 54th Leg., R.S., Ch. 141, Sec. 5(j).)
Sec. 6913.061. RESTRICTION ON ANNEXATION OF RAILROAD
RIGHT-OF-WAY OR UTILITY PROPERTY. A railroad right-of-way or a
transmission line or another item of property of an electric or gas
utility that is not located inside the limits of a municipality will
not benefit from improvements, works, or facilities the district is
authorized to construct. Therefore, a railroad right-of-way or a
transmission line or another item of property of an electric or gas
utility may not be annexed to the district unless the right-of-way
or property is located inside the limits of a municipality annexed
to the district. (Acts 54th Leg., R.S., Ch. 141, Sec. 5(e) (part).)
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 6913.101. DIRECTORS. The district is governed by a
board of five elected directors. (Acts 54th Leg., R.S., Ch. 141,
Secs. 3(a) (part), (c) (part).)
Sec. 6913.102. QUALIFICATIONS FOR OFFICE. (a) A person may
not be appointed a director unless the person resides in and owns
taxable property in the district.
(b) A member of a municipality's governing body or an
employee of a municipality may not be a director. (Acts 54th Leg.,
R.S., Ch. 141, Sec. 3(a) (part).)
Sec. 6913.103. NOTICE OF DIRECTORS' ELECTION. Notice of a
directors' election shall be published once in a newspaper
published in Haskell County not later than the 10th day before the
date of the election. (Acts 54th Leg., R.S., Ch. 141, Secs. 3(b)
(part), (c) (part).)
Sec. 6913.104. OFFICERS. (a) The board shall elect from
the board's membership a president, a vice president, and any other
officers that the board determines are necessary.
(b) The board shall appoint a secretary and a treasurer, who
are not required to be directors. The board may combine the offices
of secretary and treasurer. (Acts 54th Leg., R.S., Ch. 141, Sec. 4
(part).)
Sec. 6913.105. VOTE BY BOARD PRESIDENT. The president has
the same right to vote as any other director. (Acts 54th Leg.,
R.S., Ch. 141, Sec. 4 (part).)
Sec. 6913.106. ABSENCE OR INACTION OF BOARD PRESIDENT.
When the board president is absent or fails or declines to act, the
board vice president shall perform all duties and exercise all
powers this chapter gives the president. (Acts 54th Leg., R.S.,
Ch. 141, Sec. 4 (part).)
Sec. 6913.107. DIRECTOR AND TREASURER BONDS. (a) Each
director shall give bond in the amount of $5,000 conditioned on the
faithful performance of the director's duties.
(b) The treasurer shall give bond in the amount required by
the board. The treasurer's bond shall be conditioned on the
treasurer's faithful accounting for all money that comes into the
treasurer's custody as treasurer of the district. (Acts 54th Leg.,
R.S., Ch. 141, Secs. 3(a) (part), 4 (part).)
Sec. 6913.108. COMPENSATION OF DIRECTORS. (a) Each
director:
(1) shall receive a fee not to exceed $5 for attending
each board meeting; and
(2) is also entitled to receive $5 for each day devoted
to the business of the district if the service is expressly approved
by the board.
(b) In all areas of conflict with Subsection (a) of this
section, Section 49.060, Water Code, takes precedence.
(c) A director's compensation may be increased as
authorized by Section 49.060, Water Code, by resolution adopted by
the board in accordance with Subsection (e) of that section on or
after September 1, 1995. (Acts 54th Leg., R.S., Ch. 141, Sec. 3(e)
(part); New.)
SUBCHAPTER D. POWERS AND DUTIES
Sec. 6913.151. ACQUISITION OF WATER OR WATER RIGHTS. (a)
The district may acquire a groundwater or surface water supply.
(b) The district may acquire water appropriation permits
directly from the Texas Commission on Environmental Quality or from
permit owners.
(c) The district may purchase water or a water supply from
any person. (Acts 54th Leg., R.S., Ch. 141, Secs. 6 (part); 16.)
Sec. 6913.152. CONSTRUCTION OR ACQUISITION OF PROPERTY.
The district may construct or otherwise acquire all works, plants,
and other facilities necessary or useful for the purpose of
processing groundwater or surface water and transporting the water
to any person for municipal, domestic, and industrial purposes.
(Acts 54th Leg., R.S., Ch. 141, Sec. 6 (part).)
Sec. 6913.153. EMINENT DOMAIN. (a) To carry out a power
provided by this chapter, the district may exercise the power of
eminent domain to acquire land and easements inside or outside the
district in Haskell County.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code.
(c) The board shall determine the amount and the type of
interest in land and easements to be acquired under this section.
(d) The district's authority under this section to exercise
the power of eminent domain expired on September 1, 2013, unless the
district submitted a letter to the comptroller in accordance with
Section 2206.101(b), Government Code, not later than December 31,
2012. (Acts 54th Leg., R.S., Ch. 141, Sec. 7 (part); New.)
Sec. 6913.154. COST OF RELOCATING OR ALTERING PROPERTY. If
the district's exercise of the power of eminent domain, the power of
relocation, or any other power granted by this chapter makes
necessary relocating, raising, rerouting, changing the grade of, or
altering the construction of a highway, railroad, electric
transmission line, telephone or telegraph property or facility, or
pipeline, the necessary action shall be accomplished at the sole
expense of the district. (Acts 54th Leg., R.S., Ch. 141, Sec. 7
(part).)
Sec. 6913.155. CONSTRUCTION AND PURCHASING CONTRACTS. A
construction contract or contract for the purchase of materials,
equipment, or supplies is governed by Chapter 49 or 51, Water Code.
(Acts 54th Leg., R.S., Ch. 141, Sec. 8.)
Sec. 6913.156. CONTRACTS RELATED TO WATER SUPPLY AND
FACILITIES. (a) The district may contract with any person to
supply water to the person.
(b) The district may contract with a municipality for the
rental or leasing of or for the operation of the municipality's
water production, supply, or distribution facilities.
(c) The contract may provide that the contract continues in
effect until bonds specified in the contract and refunding bonds
issued in lieu of the bonds are paid. (Acts 54th Leg., R.S., Ch.
141, Sec. 14.)
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 6913.201. DEPOSITORY. (a) Except as provided by
Subsection (i), the board shall designate one or more banks in
Haskell County to serve as depository for the district's money.
(b) District money shall be deposited with a designated
depository bank or banks, except that:
(1) money pledged to pay bonds may be deposited with
the trustee bank named in the trust agreement; and
(2) money shall be remitted to the bank of payment for
the payment of principal of and interest on bonds.
(c) To the extent that money in a depository bank or a
trustee bank is not insured by the Federal Deposit Insurance
Corporation, the money must be secured in the manner provided by law
for the security of county funds.
(d) The board shall prescribe the terms of service for
depositories.
(e) Before designating a depository bank, the board shall
issue a notice to each bank in Haskell County that:
(1) states the time and place at which the board will
meet to designate a depository bank or banks; and
(2) invites the banks to submit an application to be
designated as a depository.
(f) The notice described by Subsection (e) must be mailed or
delivered not later than the 10th day before the date fixed for the
submission of applications.
(g) At the time stated in the notice, the board shall:
(1) consider the application and the management and
condition of each bank that applies; and
(2) designate as a depository the bank or banks that:
(A) offer the most favorable terms for handling
the money; and
(B) the board finds have proper management and
are in condition to handle the money.
(h) Membership on the board of an officer or director of a
bank does not disqualify the bank from being designated as a
depository.
(i) If the board does not receive any applications before
the time stated in the notice, or if the board rejects all
applications, the board shall designate one or more banks located
inside or outside the county on terms that the board finds
advantageous to the district. (Acts 54th Leg., R.S., Ch. 141, Sec.
15.)
Sec. 6913.202. PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION.
The district is not required to pay a tax or assessment on a project
or any part of a project. (Acts 54th Leg., R.S., Ch. 141, Sec. 19
(part).)
Sec. 6913.203. TAX ASSESSOR AND COLLECTOR. Before the sale
and delivery of district bonds payable wholly or partly from ad
valorem taxes, the board shall appoint a tax assessor and
collector. (Acts 54th Leg., R.S., Ch. 141, Sec. 20(b) (part).)
SUBCHAPTER F. BONDS
Sec. 6913.251. AUTHORITY TO ISSUE BONDS. (a) The district
may issue bonds to carry out any power conferred by this chapter,
including the power to provide a source of water supply for any
person for municipal, domestic, or industrial purposes.
(b) The bonds must be authorized by a board resolution.
(Acts 54th Leg., R.S., Ch. 141, Secs. 9(a) (part), (b) (part), (e)
(part).)
Sec. 6913.252. FORM OF BONDS. District bonds must be:
(1) issued in the district's name;
(2) signed by the president or vice president; and
(3) attested by the secretary. (Acts 54th Leg., R.S.,
Ch. 141, Sec. 9(b) (part).)
Sec. 6913.253. MATURITY. District bonds must mature not
later than 40 years after the date of their issuance. (Acts 54th
Leg., R.S., Ch. 141, Sec. 9(b) (part).)
Sec. 6913.254. BONDS PAYABLE FROM REVENUE. (a) In this
section, "net revenue" means the district's gross revenue, other
than taxation, minus the amount necessary to pay the cost of
maintaining and operating the district and its property.
(b) District bonds may be secured as described by a board
resolution by a pledge of:
(1) all or part of the district's net revenue;
(2) the net revenue of a contract made at any time; or
(3) other revenue specified by board resolution.
(c) The pledge may reserve the right to issue additional
bonds on a parity with or subordinate to the bonds being issued,
subject to conditions specified by the pledge.
(d) District bonds not payable wholly or partly from ad
valorem taxes may be issued without an election. (Acts 54th Leg.,
R.S., Ch. 141, Secs. 9(a) (part), (d), 12(a) (part).)
Sec. 6913.255. BONDS PAYABLE FROM AD VALOREM TAXES. The
district may issue bonds:
(1) payable from ad valorem taxes imposed on taxable
property in the district; or
(2) secured by and payable from:
(A) taxes described by Subdivision (1); and
(B) revenue of the district. (Acts 54th Leg.,
R.S., Ch. 141, Sec. 9(e) (part).)
Sec. 6913.256. ELECTION FOR BONDS PAYABLE FROM AD VALOREM
TAXES. (a) District bonds, other than refunding bonds, payable
wholly or partly from ad valorem taxes may not be issued unless
authorized by a district election at which a majority of the votes
cast favor the bond issuance.
(b) The board may order an election under this section
without a petition. The order must specify:
(1) the time and places at which the election will be
held;
(2) the purpose for which the bonds will be issued;
(3) the maximum amount of the bonds;
(4) the maximum maturity of the bonds;
(5) the form of the ballot; and
(6) the presiding judge for each voting place.
(c) Notice of the election must be given by publishing a
substantial copy of the order calling the election in a newspaper
published in Haskell County that is circulated in the district for
two consecutive weeks. The first publication must be not later than
the 15th day before the date of the election. (Acts 54th Leg.,
R.S., Ch. 141, Secs. 12(a) (part), (b).)
Sec. 6913.257. TAX AND COMPENSATION RATES. (a) If the
district issues bonds payable wholly or partly from ad valorem
taxes, the district shall impose a tax sufficient to pay the bonds
and the interest on the bonds as the bonds and interest become due.
The board may adopt the rate of the tax for any year after
considering the money received from pledged revenue available for
payment of principal and interest to the extent and in the manner
permitted by the resolution authorizing the issuance of the bonds.
(b) If the district issues bonds payable wholly or partly
from revenue, the board shall set and revise the rates of
compensation for water sold and services rendered by the district.
(c) For bonds payable wholly from revenue, the rates of
compensation must be sufficient to:
(1) pay the expense of operating and maintaining the
facilities of the district;
(2) pay the bonds as they mature and the interest as it
accrues; and
(3) maintain the reserve and other funds as provided
by the resolution authorizing the issuance of the bonds.
(d) For bonds payable partly from revenue, the rates of
compensation must be sufficient to assure compliance with the
resolution authorizing the issuance of the bonds. (Acts 54th Leg.,
R.S., Ch. 141, Secs. 9(e) (part), (f).)
Sec. 6913.258. ADDITIONAL SECURITY. (a) District bonds,
including refunding bonds, that are not payable wholly from ad
valorem taxes may be additionally secured by a deed of trust lien on
physical property of the district and all franchises, easements,
water rights and appropriation permits, leases, contracts, and all
rights appurtenant to the property, vesting in the trustee power
to:
(1) sell the property for payment of the debt;
(2) operate the property; and
(3) take other action to further secure the bonds.
(b) The deed of trust may:
(1) contain any provision the board prescribes to
secure the bonds and preserve the trust estate;
(2) provide for amendment or modification of the deed
of trust; and
(3) provide for the issuance of bonds to replace lost
or mutilated bonds.
(c) A purchaser under a sale under the deed of trust is:
(1) the owner of the dam or dams and the other property
and facilities purchased; and
(2) entitled to maintain and operate the property and
facilities. (Acts 54th Leg., R.S., Ch. 141, Sec. 11.)
Sec. 6913.259. USE OF BOND PROCEEDS. (a) The district may
set aside an amount of proceeds from the sale of district bonds for
the payment of interest expected to accrue during construction and
for one year after construction in a reserve interest and sinking
fund. The resolution authorizing the bonds may provide for setting
aside and using the proceeds as provided by this subsection.
(b) The district may use proceeds from the sale of the bonds
to pay any expense necessarily incurred in accomplishing the
purposes of the district. (Acts 54th Leg., R.S., Ch. 141, Sec.
9(g).)
Sec. 6913.260. APPOINTMENT OF RECEIVER. (a) On default or
threatened default in the payment of principal of or interest on
district bonds that are payable wholly or partly from revenue, a
court may appoint a receiver for the district on petition of the
holders of 25 percent of the outstanding bonds of the issue in
default or threatened with default.
(b) The receiver may collect and receive all district income
except taxes, employ and discharge district agents and employees,
take charge of money on hand, except money received from taxes
unless commingled, and manage the district's proprietary affairs
without the consent of or hindrance by the board.
(c) The receiver may be authorized to sell or contract for
the sale of water or to renew those contracts with the approval of
the court that appointed the receiver.
(d) The court may vest the receiver with any other power or
duty the court finds necessary to protect the bondholders. (Acts
54th Leg., R.S., Ch. 141, Sec. 9(h).)
Sec. 6913.261. REFUNDING BONDS. (a) The district may issue
refunding bonds to refund outstanding district bonds and interest
on those bonds.
(b) Refunding bonds may:
(1) be issued to refund bonds of more than one series;
(2) combine the pledges for the outstanding bonds for
the security of the refunding bonds; or
(3) be secured by a pledge of other or additional
revenue.
(c) The provisions of this subchapter regarding the
issuance of other bonds and the remedies of the holders apply to
refunding bonds.
(d) The comptroller shall register the refunding bonds on
surrender and cancellation of the bonds to be refunded.
(e) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
district, in the resolution authorizing the issuance of the
refunding bonds, may provide for the sale of the refunding bonds and
the deposit of the proceeds in a bank at which the bonds to be
refunded are payable. In that case, the refunding bonds may be
issued in an amount sufficient to pay the interest on the bonds to
be refunded to their option date or maturity date, and the
comptroller shall register the refunding bonds without the
surrender and cancellation of the bonds to be refunded. (Acts 54th
Leg., R.S., Ch. 141, Sec. 10.)
Sec. 6913.262. BONDS EXEMPT FROM TAXATION. District bonds,
the transfer of district bonds, and income from district bonds,
including profits made on the sale of district bonds, are exempt
from taxation in this state. (Acts 54th Leg., R.S., Ch. 141, Sec.
19 (part).)
SECTION 1.03. Subtitle E, Title 6, Special District Local
Laws Code, is amended by adding Chapter 7811 to read as follows:
CHAPTER 7811. DALLAS COUNTY FLOOD CONTROL DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7811.001. DEFINITIONS
Sec. 7811.002. NATURE OF DISTRICT
Sec. 7811.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 7811.004. DISTRICT TERRITORY
Sec. 7811.005. ANNEXATION OF LAND
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7811.051. COMPOSITION OF BOARD; TERMS
Sec. 7811.052. ELIGIBILITY FOR OFFICE
Sec. 7811.053. DIRECTOR'S BOND
Sec. 7811.054. BOARD VACANCY
Sec. 7811.055. BOARD PRESIDENT; ABSENCE OF BOARD
PRESIDENT
Sec. 7811.056. SECRETARY'S DUTIES
Sec. 7811.057. TREASURER
Sec. 7811.058. COMPENSATION OF DIRECTORS
Sec. 7811.059. VOTE REQUIRED FOR OFFICIAL BOARD ACTION
Sec. 7811.060. DESIGNATION OF DIRECTOR TO ACT ON
DISTRICT'S BEHALF
Sec. 7811.061. DISTRICT OFFICE
Sec. 7811.062. RECORDS
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7811.101. GENERAL POWERS AND DUTIES
Sec. 7811.102. EMINENT DOMAIN
Sec. 7811.103. COST OF RELOCATING OR ALTERING PROPERTY
Sec. 7811.104. CONTRACTS FOR FACILITIES AND
IMPROVEMENTS; ELECTION NOT REQUIRED
Sec. 7811.105. PROHIBITED FUNCTIONS
Sec. 7811.106. STANDARDS FOR ROAD, STREET, OR UTILITY
CONSTRUCTION
Sec. 7811.107. APPROVAL OF RECLAMATION PLAN,
AMENDMENT, OR PROJECT
SUBCHAPTER D. TAX ABATEMENT IN REINVESTMENT ZONE
Sec. 7811.151. DESIGNATION OF REINVESTMENT ZONE
Sec. 7811.152. CRITERIA FOR REINVESTMENT ZONE
Sec. 7811.153. EXPIRATION OF REINVESTMENT ZONE
Sec. 7811.154. TAX ABATEMENT AGREEMENT
Sec. 7811.155. TAX ABATEMENT AGREEMENT: CERTIFICATED
AIR CARRIER
Sec. 7811.156. TAX ABATEMENT AGREEMENT REQUIREMENTS
Sec. 7811.157. NOTICE OF TAX ABATEMENT AGREEMENT TO
OTHER TAXING UNITS
Sec. 7811.158. MODIFICATION OR TERMINATION OF TAX
ABATEMENT AGREEMENT
Sec. 7811.159. REGISTRY OF REINVESTMENT ZONES AND TAX
ABATEMENT AGREEMENTS; ASSISTANCE TO
DISTRICT
Sec. 7811.160. PROPERTIES THAT MAY BE INCLUDED IN TAX
ABATEMENT AGREEMENT
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 7811.201. DEPOSITORY
Sec. 7811.202. AUTHORITY TO ISSUE BONDS AND INCUR
INDEBTEDNESS
Sec. 7811.203. CONSTITUENT MUNICIPALITIES NOT
OBLIGATED TO PAY DISTRICT OBLIGATIONS
Sec. 7811.204. BOND ANTICIPATION NOTES
Sec. 7811.205. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES
CHAPTER 7811. DALLAS COUNTY FLOOD CONTROL DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7811.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Constituent municipality" means the City of Grand
Prairie or the City of Irving.
(3) "Director" means a member of the board.
(4) "District" means the Dallas County Flood Control
District No. 1. (Acts 68th Leg., R.S., Ch. 1081, Secs. 1(b) (part),
(c), 2(a) (part); New.)
Sec. 7811.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district established under Section
59, Article XVI, Texas Constitution. (Acts 68th Leg., R.S., Ch.
1081, Secs. 1(a), (b) (part).)
Sec. 7811.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) The land and other property included in the district
will benefit from the works and projects accomplished by the
district and by the powers conferred by Section 59, Article XVI,
Texas Constitution.
(c) The creation and operation of the district is essential
to accomplish the purpose of Section 59, Article XVI, Texas
Constitution. (Acts 68th Leg., R.S., Ch. 1081, Secs. 8, 14.)
Sec. 7811.004. DISTRICT TERRITORY. (a) The district is
composed of the territory located within the redefined boundaries
of the district as filed in the deed records of Dallas County,
Texas, on August 29, 1983, as amended by Sections 2(b) and (d),
Chapter 1081, Acts of the 68th Legislature, Regular Session, 1983,
as that territory may have been modified under:
(1) Section 7811.005 of this chapter or its
predecessor statute, former Section 13, Chapter 1081, Acts of the
68th Legislature, Regular Session, 1983;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field notes
in the legislative process does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legal operation of the district or its
governing body. (Acts 68th Leg., R.S., Ch. 1081, Secs. 2(a) (part),
(b), (c), (d); New.)
Sec. 7811.005. ANNEXATION OF LAND. Before the annexation
of land within the corporate limits of a constituent municipality,
the district must obtain the approval of the municipality. (Acts
68th Leg., R.S., Ch. 1081, Sec. 13 (part).)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7811.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board consisting of five appointed
directors. The City of Irving appoints three directors and the City
of Grand Prairie appoints two directors.
(b) Directors serve two-year terms. (Acts 68th Leg., R.S.,
Ch. 1081, Sec. 3(a).)
Sec. 7811.052. ELIGIBILITY FOR OFFICE. A director must own
land in the district subject to taxation at the time the director
qualifies for office. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(c)
(part).)
Sec. 7811.053. DIRECTOR'S BOND. (a) A director shall
execute a bond in the amount of $5,000 for the faithful performance
of the director's duties.
(b) The bond must be filed in the office of the county clerk
of Dallas County. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(c)
(part).)
Sec. 7811.054. BOARD VACANCY. (a) If a director dies,
resigns, or ceases to possess the qualifications required for
office, the board shall declare the person's office vacant.
(b) The constituent municipality that appointed the
director whose position is vacant shall appoint a successor to fill
the unexpired term. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(b).)
Sec. 7811.055. BOARD PRESIDENT; ABSENCE OF BOARD PRESIDENT.
(a) The board may authorize the board's president to sign all orders
or take other action.
(b) Any order adopted or action taken at a board meeting at
which the board's president is absent may be signed by the board's
vice president, or the board may authorize the president to sign the
order or action at a later time. (Acts 68th Leg., R.S., Ch. 1081,
Secs. 3(f) (part), (g).)
Sec. 7811.056. SECRETARY'S DUTIES. The board secretary
shall keep accurate minutes and shall certify any action taken by
the board. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(h).)
Sec. 7811.057. TREASURER. (a) The board may appoint a
district treasurer.
(b) The district treasurer shall execute a bond in an amount
determined by the board payable to the district and conditioned on
the faithful performance of the treasurer's duties. (Acts 68th
Leg., R.S., Ch. 1081, Sec. 11(d).)
Sec. 7811.058. COMPENSATION OF DIRECTORS. (a) A director
is entitled to receive $25 for each day spent performing district
work, not to exceed $200 per month.
(b) In all areas of conflict with Subsection (a) of this
section, Section 49.060, Water Code, takes precedence.
(c) A director's compensation may be increased as
authorized by Section 49.060, Water Code, by resolution adopted by
the board in accordance with Subsection (e) of that section on or
after September 1, 1995. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(i)
(part); New.)
Sec. 7811.059. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An
official action of the board is not valid without the affirmative
vote of a majority of the directors. (Acts 68th Leg., R.S., Ch.
1081, Sec. 3(d) (part).)
Sec. 7811.060. DESIGNATION OF DIRECTOR TO ACT ON DISTRICT'S
BEHALF. The board may designate one or more directors to execute on
behalf of the district all contracts, including a construction
contract, sign checks, or handle any other matter entered into by
the board as shown in the district's official minutes. (Acts 68th
Leg., R.S., Ch. 1081, Sec. 3(e).)
Sec. 7811.061. DISTRICT OFFICE. (a) The board shall
establish and maintain a district office inside the district.
(b) The board may establish a second district office outside
the district.
(c) A district office may be a private residence or office
and that residence or office is a public place for matters relating
to the district's business. (Acts 68th Leg., R.S., Ch. 1081, Sec.
12.)
Sec. 7811.062. RECORDS. The board shall keep the
district's records open to public inspection at reasonable times at
the district's principal office. (Acts 68th Leg., R.S., Ch. 1081,
Sec. 3(k).)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7811.101. GENERAL POWERS AND DUTIES. (a) The district
may exercise the rights, powers, privileges, and functions provided
by Section 59, Article XVI, Texas Constitution, Chapters 49 and 57,
Water Code, and this chapter.
(b) The district may construct and maintain levees and other
improvements on, along, and contiguous to rivers, creeks, streams,
and drainage courses for the purposes of:
(1) reclaiming land from overflow from that water;
(2) controlling and distributing the water of rivers
and streams by straightening and improving the rivers and streams;
(3) draining and improving the land; and
(4) preventing the pollution of the water. (Acts 68th
Leg., R.S., Ch. 1081, Secs. 1(d) (part), (e); New.)
Sec. 7811.102. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain in Dallas County to acquire the
fee simple title to or an easement or right-of-way to, over, or
through any land, water, or land under water inside or outside the
district that has a direct effect on the accomplishment of the
purposes for which the district is created and is necessary for
constructing and maintaining all levees and other improvements for
the improvement of rivers, creeks, streams, or drainage courses in
the district or bordering the district and to prevent overflows.
(b) The district may not exercise the power of eminent
domain under Subsection (a) to acquire land or other property that
is used for cemetery purposes.
(c) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code.
(d) The district may not exercise the power of eminent
domain within the corporate limits of a constituent municipality
without the prior approval by resolution of the governing body of
the municipality.
(e) The district's authority under this section to exercise
the power of eminent domain expired on September 1, 2013, unless the
district submitted a letter to the comptroller in accordance with
Section 2206.101(b), Government Code, not later than December 31,
2012. (Acts 68th Leg., R.S., Ch. 1081, Secs. 9(a), (b) (part), (d);
New.)
Sec. 7811.103. COST OF RELOCATING OR ALTERING PROPERTY.
(a) In this section, "sole expense" means the actual cost of
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of a facility described by Subsection (b)
to provide comparable replacement without enhancement of the
facility, after deducting the net salvage value of the old
facility.
(b) If the district's exercise of its power of eminent
domain makes necessary relocating, raising, lowering, rerouting,
changing the grade of, or altering the construction of a highway,
railroad, electric transmission or distribution line, telephone or
telegraph property or facility, or pipeline, the necessary action
shall be accomplished at the sole expense of the district unless the
owner of the relocated or altered facility has a legal obligation to
pay those expenses. (Acts 68th Leg., R.S., Ch. 1081, Sec. 9(c).)
Sec. 7811.104. CONTRACTS FOR FACILITIES AND IMPROVEMENTS;
ELECTION NOT REQUIRED. (a) The district may enter into a contract
with a person for the maintenance or construction of any facility or
improvement authorized by this chapter.
(b) The district may enter into a contract under Subsection
(a) without:
(1) voting for the issuance of bonds; or
(2) holding an election to approve the contract. (Acts
68th Leg., R.S., Ch. 1081, Sec. 10.)
Sec. 7811.105. PROHIBITED FUNCTIONS. The district may not:
(1) engage in any park, water service, wastewater
service, police, or firefighting function; or
(2) spend any district money or issue bonds for any
function described by Subdivision (1). (Acts 68th Leg., R.S., Ch.
1081, Sec. 7.)
Sec. 7811.106. STANDARDS FOR ROAD, STREET, OR UTILITY
CONSTRUCTION. Any road, street, or utility construction by the
district begun on or after August 31, 1987, within the corporate
limits of a constituent municipality must comply with the standards
for construction adopted by the municipality. (Acts 68th Leg.,
R.S., Ch. 1081, Sec. 15.)
Sec. 7811.107. APPROVAL OF RECLAMATION PLAN, AMENDMENT, OR
PROJECT. In addition to any other requirements in this chapter, a
reclamation plan adopted by the district, an amendment to a
reclamation plan, or a project of the district that is not included
in a reclamation plan must be approved by both constituent
municipalities before the plan, amendment, or project takes effect.
(Acts 68th Leg., R.S., Ch. 1081, Sec. 1(g).)
SUBCHAPTER D. TAX ABATEMENT IN REINVESTMENT ZONE
Sec. 7811.151. DESIGNATION OF REINVESTMENT ZONE. (a) The
district by resolution may designate as a reinvestment zone an area
or real or personal property in the taxing jurisdiction of the
district that the board finds satisfies the requirements of Section
7811.152. The board must find that the proposed
commercial-industrial or residential project or projects meet the
criteria prescribed by Section 7811.152.
(b) The resolution must describe the boundaries of the zone
and the eligibility of the zone for commercial-industrial or
residential tax abatement.
(c) The area of a reinvestment zone designated for
commercial-industrial or residential tax abatement may be included
in an overlapping or coincidental commercial-industrial or
residential zone established under Chapter 312, Tax Code.
(d) The district may not adopt a resolution designating an
area as a reinvestment zone until the district has held a public
hearing on the designation and has found that the improvements
sought are feasible and practical and would be a benefit to the land
to be included in the zone and to the district after the expiration
of an agreement entered into under Section 7811.154 or 7811.155. At
the hearing, interested persons are entitled to speak and present
evidence for or against the designation. Not later than the seventh
day before the date of the hearing, notice of the hearing must be:
(1) published in a newspaper having general
circulation in the district; and
(2) delivered in writing to the presiding officer of
the governing body of each taxing unit that includes in its
boundaries real property that is to be included in the proposed
reinvestment zone.
(e) A notice made under Subsection (d)(2) is presumed
delivered when placed in the mail postage paid and properly
addressed to the appropriate presiding officer. A notice properly
addressed and sent by registered or certified mail for which a
return receipt is received by the sender is considered to have been
delivered to the addressee. (Acts 68th Leg., R.S., Ch. 1081, Secs.
16A (part), 16C.)
Sec. 7811.152. CRITERIA FOR REINVESTMENT ZONE. To be
designated as a reinvestment zone under this subchapter, an area
must be reasonably likely as a result of the designation to
contribute to the retention or expansion of primary employment or
to attract major investment in the zone that would be a benefit to
the property and that would contribute to the economic development
of the district. (Acts 68th Leg., R.S., Ch. 1081, Sec. 16D(a).)
Sec. 7811.153. EXPIRATION OF REINVESTMENT ZONE. The
designation of a reinvestment zone for commercial-industrial or
residential tax abatement expires five years after the date of the
designation and may be renewed for periods not to exceed five years.
The expiration of the designation does not affect an existing tax
abatement agreement governed by this subchapter. (Acts 68th Leg.,
R.S., Ch. 1081, Sec. 16D(b).)
Sec. 7811.154. TAX ABATEMENT AGREEMENT. (a) The district
may enter into a tax abatement agreement by agreeing, in writing,
with the owner of taxable real property that is located in a
reinvestment zone to exempt from taxation a portion of the value of
the real property or of tangible personal property located on the
real property, or both, for a period not to exceed 30 years, on the
condition that the owner of the property make specific improvements
or repairs to the property.
(b) The real property covered by the agreement may not be
located in an improvement project financed by tax increment bonds.
(c) The agreement is subject to the rights of holders of
outstanding bonds of the district.
(d) The agreement may:
(1) provide for the exemption of the real property in
each year covered by the agreement only to the extent its value for
that year exceeds its value for the year in which the agreement is
executed;
(2) provide for the exemption of tangible personal
property located on the real property in each year covered by the
agreement other than tangible personal property that was located on
the real property at any time before the period covered by the
agreement with the district; and
(3) cover more than one commercial-industrial or
residential project. (Acts 68th Leg., R.S., Ch. 1081, Secs. 16A
(part), 16E(a).)
Sec. 7811.155. TAX ABATEMENT AGREEMENT: CERTIFICATED AIR
CARRIER. (a) The district may enter into a tax abatement
agreement by agreeing, in writing, with the owner or lessee of real
property that is located in a reinvestment zone to exempt from
taxation for a period not to exceed 30 years a portion of the value
of the real property or of personal property, or both, located in
the zone and owned or leased by a certificated air carrier on the
condition that the certificated air carrier:
(1) make specific real property improvements; or
(2) lease, for a term of 30 years or more, real
property improvements located in the reinvestment zone.
(b) The agreement may provide for the exemption of the:
(1) real property in each year covered by the
agreement to the extent its value for that year exceeds its value
for the year in which the agreement is executed; and
(2) personal property owned or leased by a
certificated air carrier located in the reinvestment zone in each
year covered by the agreement other than specific personal property
that was located in the reinvestment zone at any time before the
period covered by the agreement with the district. (Acts 68th Leg.,
R.S., Ch. 1081, Secs. 16A (part), 16E(d).)
Sec. 7811.156. TAX ABATEMENT AGREEMENT REQUIREMENTS. (a)
This section applies to an agreement made under Section 7811.154 or
7811.155.
(b) The agreement must:
(1) list the kind, number, and location of all
proposed improvements of the property; and
(2) provide for:
(A) the availability of tax abatement for both
new facilities and structures and for the expansion or
modernization of existing facilities and structures; and
(B) recapturing property tax revenue lost as a
result of the agreement if the owner of the property fails to make
the improvements or repairs as provided by the agreement.
(c) A tax abatement agreement is not required to contain
terms identical to another tax abatement agreement that covers the
same exempted property or a portion of that property.
(d) Property that is in a reinvestment zone and that is
owned or leased by a director is excluded from property tax
abatement.
(e) The agreement may include, at the option of the
district, provisions for maps showing existing uses and conditions
and proposed improvements and uses of real property in the
reinvestment zone.
(f) On approval by the district, the agreement may be
executed in the same manner as other contracts made by the district.
(g) The agreement applies only to taxes levied by the
district and does not affect other taxing units that levy taxes on
property in the district. (Acts 68th Leg., R.S., Ch. 1081, Secs. 16A
(part), 16E(b), (c), (e), (f), (g) (part), (h).)
Sec. 7811.157. NOTICE OF TAX ABATEMENT AGREEMENT TO OTHER
TAXING UNITS. (a) Not later than the seventh day before the date on
which the district enters into an agreement under Section 7811.154
or 7811.155, the board or a designated officer or employee of the
district shall deliver a written notice that the district intends
to enter into the agreement to the Texas Commission on
Environmental Quality and to the presiding officer of the governing
body of each other taxing unit in which the property to be subject
to the agreement is located. The notice must include a copy of the
proposed agreement.
(b) A notice is presumed delivered when placed in the mail
postage paid and properly addressed to the appropriate presiding
officer. A notice properly addressed and sent by registered or
certified mail for which a return receipt is received by the sender
is considered to have been delivered to the addressee.
(c) Failure to deliver the notice does not affect the
validity of the agreement. (Acts 68th Leg., R.S., Ch. 1081, Sec.
16F.)
Sec. 7811.158. MODIFICATION OR TERMINATION OF TAX ABATEMENT
AGREEMENT. (a) At any time before the expiration of an agreement
governed by this subchapter, the agreement may be modified by the
parties to the agreement to include other provisions that could
have been included in the original agreement or to delete
provisions that were not necessary to the original agreement. The
modification must be made by the same procedure by which the
original agreement was approved and executed. The original
agreement may not be modified to extend beyond 30 years from the
date of the original agreement.
(b) An agreement governed by this subchapter may be
terminated by the mutual consent of the parties in the same manner
that the agreement was approved and executed. (Acts 68th Leg.,
R.S., Ch. 1081, Sec. 16G.)
Sec. 7811.159. REGISTRY OF REINVESTMENT ZONES AND TAX
ABATEMENT AGREEMENTS; ASSISTANCE TO DISTRICT. (a) The Texas
Economic Development and Tourism Office shall maintain a central
registry of reinvestment zones governed by this subchapter and of
ad valorem tax abatement agreements executed under this subchapter.
Before April 1 of the year following the year in which the zone is
designated or the agreement is executed, the district shall deliver
to the office, the comptroller, and the Texas Commission on
Environmental Quality a report that provides:
(1) for a reinvestment zone, a general description of
the zone, including its size, the types of property located in it,
and its duration; and
(2) for a tax abatement agreement, the parties to the
agreement, a general description of the property and the
improvements or repairs to be made under the agreement, the portion
of the property to be exempted, and the duration of the agreement.
(b) On the request of the board or the board's president,
the office may provide assistance to the district relating to the
administration of this subchapter, including the designation of
reinvestment zones and the adoption of tax abatement agreements.
(Acts 68th Leg., R.S., Ch. 1081, Sec. 16B.)
Sec. 7811.160. PROPERTIES THAT MAY BE INCLUDED IN TAX
ABATEMENT AGREEMENT. (a) The district may include in a tax
abatement agreement:
(1) facilities and structures for which construction
began on or after October 1, 1990, but before June 10, 1991;
(2) existing facilities and structures for which
expansion or modernization construction began on or after October
1, 1990, but before June 10, 1991; and
(3) tangible personal property located on property
described by Subdivision (1) or (2) in each year covered by the
agreement, other than tangible personal property that was located
on the property at any time before the time period covered by the
agreement.
(b) A tax abatement agreement made under this section may be
based on the value of the property on January 1 of the year in which
the construction, expansion, or modernization of the property
began. (Acts 72nd Leg., R.S., Ch. 318, Sec. 2.)
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 7811.201. DEPOSITORY. (a) The board shall designate
one or more banks to serve as the depository for district money.
(b) District money shall be deposited as received in a
depository bank, other than money transmitted to a bank for payment
of bonds issued by the district.
(c) If district money is deposited in a depository that is
not insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds. (Acts 68th Leg., R.S., Ch. 1081, Secs. 11(a), (b),
(c).)
Sec. 7811.202. AUTHORITY TO ISSUE BONDS AND INCUR
INDEBTEDNESS. (a) The district may issue bonds and incur other
indebtedness in the manner provided by Section 7803.113 and
Subchapter E, Chapter 7803.
(b) The district shall file with both constituent
municipalities a notice of intent to issue bonds or other
indebtedness not later than the 20th day before the date of
issuance. The notice must state the purpose for which the bonds or
other indebtedness are issued and the approximate principal amount
of the bonds or indebtedness.
(c) Before the district issues bonds or other indebtedness
in an amount of more than $500,000, the district must obtain the
approval by resolution of the governing bodies of both constituent
municipalities.
(d) Bonds or other indebtedness may not be sold at discount
from the principal amount without the prior approval of both
constituent municipalities. (Acts 68th Leg., R.S., Ch. 1081, Secs.
4(c), (d), (e).)
Sec. 7811.203. CONSTITUENT MUNICIPALITIES NOT OBLIGATED TO
PAY DISTRICT OBLIGATIONS. This chapter does not authorize the
lending or pledge of the credit of either constituent municipality
to the bonds and other indebtedness of the district. The
constituent municipalities are not obligated to pay any bonds,
indebtedness, or other debt of the district. (Acts 68th Leg., R.S.,
Ch. 1081, Sec. 4(f).)
Sec. 7811.204. BOND ANTICIPATION NOTES. (a) In addition to
all other methods of acquiring money for district purposes, the
district may issue bond anticipation notes for any purpose for
which district bonds have been voted or may be issued to refund
outstanding bond anticipation notes and the interest on the notes
being refunded.
(b) The notes may bear interest at any rate not to exceed the
maximum interest rate applicable to the district's authorized
bonds.
(c) The maximum amount of the notes outstanding at any one
time may not exceed $500,000 without the prior consent of both
constituent municipalities.
(d) The district shall pay the notes only from the proceeds
of the sale of bonds by the district. (Acts 68th Leg., R.S., Ch.
1081, Secs. 6(a), (b) (part), (c), (d).)
Sec. 7811.205. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES.
The district may impose a maintenance tax that has been previously
authorized at an election held in the district. (Acts 68th Leg.,
R.S., Ch. 1081, Sec. 4(b) (part).)
SECTION 1.04. Subtitle H, Title 6, Special District Local
Laws Code, is amended by adding Chapters 8877, 8879, 8880, 8881,
8882, 8883, 8884, 8885, 8886, 8887, and 8888 to read as follows:
CHAPTER 8877. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8877.001. DEFINITIONS
Sec. 8877.002. NATURE OF DISTRICT
Sec. 8877.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8877.004. DISTRICT TERRITORY
Sec. 8877.005. CONFLICTS OF LAW
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8877.051. COMPOSITION OF BOARD; TERMS
Sec. 8877.052. ELECTION OF DIRECTORS
Sec. 8877.053. ELECTION DATE
Sec. 8877.054. QUALIFICATIONS FOR OFFICE
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8877.101. GENERAL POWERS AND DUTIES
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8877.151. MAINTENANCE AND OPERATION TAX
CHAPTER 8877. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8877.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Clearwater Underground Water
Conservation District. (Acts 71st Leg., R.S., Ch. 524, Secs. 1(a)
(part), 2; New.)
Sec. 8877.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Bell County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution. (Acts 71st Leg., R.S., Ch. 524, Secs. 1(a)
(part), (b), 3 (part).)
Sec. 8877.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 71st Leg., R.S., Ch. 524, Sec. 5.)
Sec. 8877.004. DISTRICT TERRITORY. The district includes
the territory located in Bell County unless the district's
territory has been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law. (Acts 71st Leg., R.S., Ch. 524, Sec. 3;
New.)
Sec. 8877.005. CONFLICTS OF LAW. This chapter prevails
over any provision of general law that is in conflict or
inconsistent with this chapter. (Acts 71st Leg., R.S., Ch. 524,
Sec. 6(a) (part).)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8877.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five elected directors.
(b) Except as provided by Section 8877.052(d), directors
serve staggered four-year terms. (Acts 71st Leg., R.S., Ch. 524,
Secs. 7(a), (d), 10(e) (part).)
Sec. 8877.052. ELECTION OF DIRECTORS. (a) Directors are
elected according to the commissioners precinct method as provided
by this section.
(b) One director is elected by the voters of the entire
district. One director is elected from each county commissioners
precinct by the voters of that precinct.
(c) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(d) At the first election after the county commissioners
precincts are redrawn under Section 18, Article V, Texas
Constitution, four new directors shall be elected to represent the
newly redrawn precincts. The directors from precincts one and three
shall be elected for two-year terms. The directors from precincts
two and four shall be elected for four-year terms. When the
directors elected from the new precincts take office, the terms of
the directors elected from the previous precincts expire. (Acts
71st Leg., R.S., Ch. 524, Secs. 10(a), (b), (d), (f).)
Sec. 8877.053. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date in November of each even-numbered year.
(Acts 71st Leg., R.S., Ch. 524, Sec. 10(e) (part).)
Sec. 8877.054. QUALIFICATIONS FOR OFFICE. (a) To be
qualified to be a candidate for or to serve as director at large, a
person must be a registered voter in the district.
(b) To be a candidate for or to serve as director from a
county commissioners precinct, a person must be a registered voter
of that precinct. (Acts 71st Leg., R.S., Ch. 524, Sec. 10(c).)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8877.101. GENERAL POWERS AND DUTIES. The district has
all of the rights, powers, privileges, functions, and duties
provided by the general law of this state, including Chapter 36,
Water Code, applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution. (Acts
71st Leg., R.S., Ch. 524, Sec. 6(a) (part).)
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8877.151. MAINTENANCE AND OPERATION TAX. (a) Except
as provided by Subsection (b), the district may impose an ad valorem
tax at a rate not to exceed five cents on each $100 of valuation of
property in the district to pay for the maintenance and operation of
the district on approval of a majority of the voters of the district
at an election held for that purpose.
(b) The board may increase the maximum amount of ad valorem
taxes that may be imposed in the district:
(1) if the board determines that the maximum tax
authorized by Subsection (a) is not sufficient to pay the
maintenance and operating expenses of the district; and
(2) on approval of a majority of the voters of the
district voting at an election held for that purpose.
(c) The maximum amount of taxes that may be authorized under
this section may not exceed 25 cents on each $100 of valuation of
property in the district. (Acts 71st Leg., R.S., Ch. 524, Secs.
11(a), (b).)
CHAPTER 8879. CROCKETT COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8879.001. DEFINITIONS
Sec. 8879.002. NATURE OF DISTRICT
Sec. 8879.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8879.004. DISTRICT TERRITORY
Sec. 8879.005. LOCATION OF DISTRICT ELECTIONS
Sec. 8879.006. CONFLICTS OF LAW
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8879.051. COMPOSITION OF BOARD; TERMS
Sec. 8879.052. ELECTION DATE
Sec. 8879.053. DISQUALIFICATION OF DIRECTORS
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8879.101. GENERAL POWERS AND DUTIES
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8879.151. LIMITATION ON AD VALOREM TAX RATE
Sec. 8879.152. ELECTION TO INCREASE AD VALOREM TAX
RATE
CHAPTER 8879. CROCKETT COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8879.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Crockett County Groundwater
Conservation District. (Acts 71st Leg., R.S., Ch. 712, Sec. 2;
New.)
Sec. 8879.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Crockett County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 712, Secs. 1(a)
(part), (b).)
Sec. 8879.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 71st Leg., R.S., Ch. 712, Sec. 5.)
Sec. 8879.004. DISTRICT TERRITORY. (a) The district is
composed of the territory in Crockett County other than the tract of
land described by metes and bounds in Section 3, Chapter 712, Acts
of the 71st Legislature, Regular Session, 1989, as that territory
may have been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field notes
in the legislative process does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to impose taxes; or
(3) the legality or operation of the district or its
governing body. (Acts 71st Leg., R.S., Ch. 712, Secs. 3 (part), 4;
New.)
Sec. 8879.005. LOCATION OF DISTRICT ELECTIONS. A district
election may be held at any location in Crockett County. (Acts 71st
Leg., R.S., Ch. 712, Sec. 10B.)
Sec. 8879.006. CONFLICTS OF LAW. This chapter prevails
over any provision of general law that is in conflict or
inconsistent with this chapter. (Acts 71st Leg., R.S., Ch. 712,
Sec. 6(a) (part).)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8879.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five elected directors.
(b) Directors serve staggered four-year terms, with the
terms of two or three directors expiring December 1 of each
even-numbered year. (Acts 71st Leg., R.S., Ch. 712, Secs. 7(a),
(d), 10A (part).)
Sec. 8879.052. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date in November of each even-numbered year.
(Acts 71st Leg., R.S., Ch. 712, Sec. 10A.)
Sec. 8879.053. DISQUALIFICATION OF DIRECTORS.
Notwithstanding Sections 49.001 and 49.002(b), Water Code, Section
49.052, Water Code, applies to a director. (Acts 71st Leg., R.S.,
Ch. 712, Sec. 7(a-1).)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8879.101. GENERAL POWERS AND DUTIES. The district has
the rights, powers, privileges, functions, and duties provided by
the general law of this state, including Chapter 36 and Subchapters
H and I, Chapter 49, Water Code, applicable to groundwater
conservation districts created under Section 59, Article XVI, Texas
Constitution. (Acts 71st Leg., R.S., Ch. 712, Sec. 6(a) (part).)
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8879.151. LIMITATION ON AD VALOREM TAX RATE. Except as
provided by Section 8879.152, the rate of an ad valorem tax imposed
by the district under Chapter 36, Water Code, may not exceed five
cents on each $100 of assessed valuation. (Acts 71st Leg., R.S.,
Ch. 712, Sec. 11(a); New.)
Sec. 8879.152. ELECTION TO INCREASE AD VALOREM TAX RATE.
(a) If at a regular meeting of the board, the board determines that
the district ad valorem tax is no longer sufficient, the board may
hold an election to approve an increase in the district's tax rate
not to exceed an additional five cents on each $100 of assessed
valuation above the rate specified by Section 8879.151.
(b) If a majority of the voters favor the increase in the
district's tax rate, the district may impose an ad valorem tax at
the increased rate. (Acts 71st Leg., R.S., Ch. 712, Sec. 11(b).)
CHAPTER 8880. GONZALES COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8880.001. DEFINITIONS
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8880.051. SINGLE-MEMBER DIRECTOR PRECINCTS
CHAPTER 8880. GONZALES COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8880.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Gonzales County Underground
Water Conservation District. (Acts 74th Leg., R.S., Ch. 368, Sec.
1; New.)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8880.051. SINGLE-MEMBER DIRECTOR PRECINCTS. (a) The
board may divide the district into five single-member director
precincts of substantially equal population for the purpose of
electing directors.
(b) Notwithstanding Section 36.059(b), Water Code, the
board may divide territory contained in a municipal corporation in
the district into as many precincts as necessary to obtain
precincts of substantially equal population. (Acts 74th Leg.,
R.S., Ch. 368, Sec. 2.)
CHAPTER 8881. MESA UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8881.001. DEFINITIONS
Sec. 8881.002. NATURE OF DISTRICT
Sec. 8881.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8881.004. DISTRICT TERRITORY
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8881.051. COMPOSITION OF BOARD; TERMS
Sec. 8881.052. ELECTION OF DIRECTORS
Sec. 8881.053. ELECTION DATE
Sec. 8881.054. QUALIFICATIONS FOR OFFICE
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8881.101. GENERAL POWERS AND DUTIES
Sec. 8881.102. CONTRACT AUTHORITY OF DISTRICT
Sec. 8881.103. ANNEXATION OF TERRITORY
CHAPTER 8881. MESA UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8881.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Mesa Underground Water
Conservation District. (Acts 71st Leg., R.S., Ch. 669, Secs. 1(a)
(part), 2; New.)
Sec. 8881.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Dawson County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 669, Secs. 1(a)
(part), (b).)
Sec. 8881.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 71st Leg., R.S., Ch. 669, Sec. 5.)
Sec. 8881.004. DISTRICT TERRITORY. The district includes
the territory located in Dawson County, unless the district's
territory has been modified under:
(1) Section 8881.103 of this chapter or its
predecessor statute, former Section 11(c), Chapter 669, Acts of the
71st Legislature, Regular Session, 1989; or
(2) other law. (Acts 71st Leg., R.S., Ch. 669, Sec. 3;
New.)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8881.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five elected directors.
(b) Directors serve staggered four-year terms. (Acts 71st
Leg., R.S., Ch. 669, Secs. 7(a) (part), (b) (part), (e).)
Sec. 8881.052. ELECTION OF DIRECTORS. One director is
elected from each county commissioners precinct in Dawson County
and one director is elected from the district at large. (Acts 71st
Leg., R.S., Ch. 669, Sec. 7(b) (part).)
Sec. 8881.053. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date in May of each even-numbered year or another
date authorized by law. (Acts 71st Leg., R.S., Ch. 669, Sec. 10;
New.)
Sec. 8881.054. QUALIFICATIONS FOR OFFICE. (a) A director
must be 18 years of age or older.
(b) To represent a county commissioners precinct, the
director must be a resident of that precinct. (Acts 71st Leg., R.S.,
Ch. 669, Secs. 7(a) (part), (b) (part).)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8881.101. GENERAL POWERS AND DUTIES. The district has
all of the rights, powers, privileges, functions, and duties
provided by the general law of this state, including Chapter 36,
Water Code, applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution. (Acts
71st Leg., R.S., Ch. 669, Sec. 6(a) (part).)
Sec. 8881.102. CONTRACT AUTHORITY OF DISTRICT. (a) The
district may contract for, sell, and distribute water from a water
import authority or other agency.
(b) The district may contract with other districts that have
powers similar to those of the district to achieve common goals.
(Acts 71st Leg., R.S., Ch. 669, Secs. 11(a), (b).)
Sec. 8881.103. ANNEXATION OF TERRITORY. (a) Territory may
be added to the district under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) Subchapter O, Chapter 51, Water Code.
(b) If the district annexes territory, the board shall
determine the precincts to which annexed territory is added for the
purpose of electing directors. (Acts 71st Leg., R.S., Ch. 669, Sec.
11(c); New.)
CHAPTER 8882. SANDY LAND UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8882.001. DEFINITIONS
Sec. 8882.002. NATURE OF DISTRICT
Sec. 8882.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8882.004. DISTRICT TERRITORY
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8882.051. COMPOSITION OF BOARD; TERMS
Sec. 8882.052. ELECTION DATE
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8882.101. GENERAL POWERS AND DUTIES
CHAPTER 8882. SANDY LAND UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8882.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Sandy Land Underground Water
Conservation District. (Acts 71st Leg., R.S., Ch. 673, Secs. 1(a)
(part), 2; New.)
Sec. 8882.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Yoakum County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 673, Secs. 1(a)
(part), (b).)
Sec. 8882.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 71st Leg., R.S., Ch. 673, Sec. 5.)
Sec. 8882.004. DISTRICT TERRITORY. The district includes
the territory located in Yoakum County unless the district's
territory has been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law. (Acts 71st Leg., R.S., Ch. 673, Sec. 3;
New.)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8882.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 71st
Leg., R.S., Ch. 673, Secs. 7(a), (d).)
Sec. 8882.052. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date in May of every other year or another date
authorized by law. (Acts 71st Leg., R.S., Ch. 673, Sec. 10; New.)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8882.101. GENERAL POWERS AND DUTIES. The district has
the rights, powers, privileges, functions, and duties provided by
the general law of this state, including Chapters 36 and 50, Water
Code, applicable to groundwater conservation districts created
under Section 59, Article XVI, Texas Constitution. (Acts 71st
Leg., R.S., Ch. 673, Sec. 6(a) (part).)
CHAPTER 8883. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8883.001. DEFINITIONS
Sec. 8883.002. NATURE OF DISTRICT
Sec. 8883.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8883.004. DISTRICT TERRITORY
Sec. 8883.005. OWNERSHIP OF GROUNDWATER AND SURFACE
WATER RIGHTS
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8883.051. COMPOSITION OF BOARD; TERMS
Sec. 8883.052. ELIGIBILITY AND ELECTION OF DIRECTORS
Sec. 8883.053. ELECTION DATE
Sec. 8883.054. COMPENSATION; EXPENSES
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8883.101. GENERAL POWERS AND DUTIES
Sec. 8883.102. PAYMENT OF CERTAIN EXPENSES
Sec. 8883.103. APPEARANCE BEFORE RAILROAD COMMISSION
Sec. 8883.104. PROHIBITION: SUPPLY OF WATER
CHAPTER 8883. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8883.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Santa Rita Underground Water
Conservation District. (Acts 71st Leg., R.S., Ch. 653, Secs. 1(a)
(part), 2; New.)
Sec. 8883.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Reagan County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 653, Secs. 1(a)
(part), (b).)
Sec. 8883.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 71st Leg., R.S., Ch. 653, Sec. 5.)
Sec. 8883.004. DISTRICT TERRITORY. (a) Except as provided
by Subsection (b), the district includes the territory in Reagan
County unless the district's territory has been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law.
(b) The district does not include any territory that was
annexed into the Glasscock County Underground Water Conservation
District under the then applicable annexation provisions of Chapter
51, Water Code, before June 14, 1989. (Acts 71st Leg., R.S., Ch.
653, Secs. 3, 14(a); New.)
Sec. 8883.005. OWNERSHIP OF GROUNDWATER AND SURFACE WATER
RIGHTS. The ownership and rights of the owner of land, the owner's
lessees, and assigns in groundwater and any surface water rights
are recognized, and this chapter does not deprive or divest the
owner, the owner's lessees, or assigns of those ownership rights.
(Acts 71st Leg., R.S., Ch. 653, Sec. 11(c).)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8883.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 71st
Leg., R.S., Ch. 653, Secs. 7(a) (part), (c).)
Sec. 8883.052. ELIGIBILITY AND ELECTION OF DIRECTORS. (a)
A director must be:
(1) 18 years of age or older; and
(2) a resident of the district.
(b) One director is elected from each county commissioner
precinct. One director is elected at large.
(c) Section 141.001(a)(5), Election Code, and Section
36.059(b), Water Code, do not apply to the district. (Acts 71st
Leg., R.S., Ch. 653, Secs. 7(a) (part), (f), 10(a).)
Sec. 8883.053. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date in May of each odd-numbered year or another
date authorized by law. (Acts 71st Leg., R.S., Ch. 653, Sec. 10(b);
New.)
Sec. 8883.054. COMPENSATION; EXPENSES. (a) Unless the
board by resolution increases the fees of office to an amount
authorized by Section 36.060(a), Water Code, each director is
entitled to receive for the director's services $25 a month in
compensation.
(b) Each director may be reimbursed for actual expenses
incurred in the performance of official duties.
(c) The expenses described by Subsection (b) must be:
(1) reported in the district's records; and
(2) approved by the board. (Acts 71st Leg., R.S., Ch.
653, Sec. 11(a); New.)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8883.101. GENERAL POWERS AND DUTIES. The district has
the rights, powers, privileges, functions, and duties provided by
the general law of this state, including Chapter 36, Water Code,
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution. (Acts 71st Leg.,
R.S., Ch. 653, Sec. 6(a) (part).)
Sec. 8883.102. PAYMENT OF CERTAIN EXPENSES. (a) The board
may pay:
(1) all costs and expenses necessarily incurred in the
creation and organization of the district;
(2) legal fees; and
(3) other incidental expenses.
(b) The board may reimburse a person for money advanced for
a purpose described by Subsection (a). (Acts 71st Leg., R.S., Ch.
653, Sec. 11(d).)
Sec. 8883.103. APPEARANCE BEFORE RAILROAD COMMISSION. The
district, through the directors or the district's general manager,
may appear before the Railroad Commission of Texas and present
evidence and information relating to a pending permit application
for an injection well to be located in the district. (Acts 71st
Leg., R.S., Ch. 653, Sec. 11(b).)
Sec. 8883.104. PROHIBITION: SUPPLY OF WATER. The district
may not contract to or take an action to supply groundwater inside
or outside the district. (Acts 71st Leg., R.S., Ch. 653, Sec.
11(e).)
CHAPTER 8884. SARATOGA UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8884.001. DEFINITIONS
Sec. 8884.002. NATURE OF DISTRICT
Sec. 8884.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8884.004. DISTRICT TERRITORY
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8884.051. COMPOSITION OF BOARD; TERMS
Sec. 8884.052. ELECTION OF DIRECTORS
Sec. 8884.053. ELECTION DATE
Sec. 8884.054. QUALIFICATIONS FOR OFFICE
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8884.101. GENERAL POWERS AND DUTIES
CHAPTER 8884. SARATOGA UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8884.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Saratoga Underground Water
Conservation District. (Acts 71st Leg., R.S., Ch. 519, Secs. 1(a)
(part), 2; New.)
Sec. 8884.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Lampasas County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 519, Secs. 1(a)
(part), (b).)
Sec. 8884.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 71st Leg., R.S., Ch. 519, Sec. 5.)
Sec. 8884.004. DISTRICT TERRITORY. The district includes
the territory located in Lampasas County, unless the district's
territory has been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law. (Acts 71st Leg., R.S., Ch. 519, Sec. 3;
New.)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8884.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five elected directors.
(b) Directors serve staggered four-year terms. (Acts 71st
Leg., R.S., Ch. 519, Secs. 7(a) (part), (b).)
Sec. 8884.052. ELECTION OF DIRECTORS. (a) Directors are
elected according to the commissioners precinct method as provided
by this section.
(b) One director is elected by the voters of the entire
district. One director is elected from each county commissioners
precinct by the voters of that precinct.
(c) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(d) When the boundaries of the county commissioners
precincts are redrawn under Section 18, Article V, Texas
Constitution, a director in office on the effective date of the
change, or elected or appointed before the effective date of the
change to a term of office beginning on or after the effective date
of the change, shall serve the term or the remainder of the term
representing the precinct from which the person was elected or
appointed even though the change in boundaries places the person's
residence outside that precinct. (Acts 71st Leg., R.S., Ch. 519,
Secs. 7(a) (part), (d), (f), (g).)
Sec. 8884.053. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date in November of each even-numbered year. (Acts
71st Leg., R.S., Ch. 519, Sec. 7(c).)
Sec. 8884.054. QUALIFICATIONS FOR OFFICE. (a) Except as
provided by Section 8884.052(d), to be eligible to be a candidate
for or to serve as director at large, a person must be a registered
voter of the district.
(b) To be a candidate for or to serve as director from a
county commissioners precinct, a person must be a registered voter
of that precinct. (Acts 71st Leg., R.S., Ch. 519, Sec. 7(e).)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8884.101. GENERAL POWERS AND DUTIES. The district has
the rights, powers, privileges, functions, and duties provided by
the general law of this state, including Chapters 36 and 50, Water
Code, applicable to groundwater conservation districts created
under Section 59, Article XVI, Texas Constitution. (Acts 71st Leg.,
R.S., Ch. 519, Sec. 6(a) (part).)
CHAPTER 8885. SOUTH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8885.001. DEFINITIONS
Sec. 8885.002. NATURE OF DISTRICT
Sec. 8885.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8885.004. DISTRICT TERRITORY
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8885.051. COMPOSITION OF BOARD; TERMS
Sec. 8885.052. ELECTION OF DIRECTORS
Sec. 8885.053. ELECTION DATE
Sec. 8885.054. QUALIFICATIONS FOR OFFICE
Sec. 8885.055. BOARD VACANCY
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8885.101. GENERAL POWERS AND DUTIES
CHAPTER 8885. SOUTH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8885.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the South Plains Underground
Water Conservation District. (Acts 72nd Leg., R.S., Ch. 46,
Secs. 1(a) (part), 2; New.)
Sec. 8885.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Terry County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution. (Acts 72nd Leg., R.S., Ch. 46, Secs. 1(a)
(part), (b).)
Sec. 8885.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 72nd Leg., R.S., Ch. 46, Sec. 4.)
Sec. 8885.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Terry County,
unless the district's territory has been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law. (Acts 72nd Leg., R.S., Ch. 46, Sec. 3;
New.)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8885.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 72nd
Leg., R.S., Ch. 46, Secs. 7(a), 8(c).)
Sec. 8885.052. ELECTION OF DIRECTORS. (a) Directors are
elected according to the commissioners precinct method as provided
by this section.
(b) One director is elected by the voters of the entire
district. One director is elected from each county commissioners
precinct by the voters of that precinct.
(c) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(d) At the first election after the county commissioners
precincts are redrawn under Section 18, Article V, Texas
Constitution, four new directors shall be elected to represent the
precincts. The directors shall draw lots to determine their terms.
(Acts 72nd Leg., R.S., Ch. 46, Sec. 6.)
Sec. 8885.053. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date in May of each even-numbered year or another
date authorized by law. (Acts 72nd Leg., R.S., Ch. 46, Sec. 11;
New.)
Sec. 8885.054. QUALIFICATIONS FOR OFFICE. To be eligible
to serve as director, a person must be a registered voter in:
(1) the precinct from which the person is elected or
appointed if representing a precinct; or
(2) the district if representing the district at
large. (Acts 72nd Leg., R.S., Ch. 46, Sec. 7(c).)
Sec. 8885.055. BOARD VACANCY. (a) The board shall appoint a
replacement to fill a vacancy in the office of any director.
(b) The appointed replacement serves until the next
directors' election.
(c) If the position is not scheduled to be filled at the
election, the person elected to fill the position serves only for
the remainder of the unexpired term. (Acts 72nd Leg., R.S., Ch. 46,
Sec. 7(b).)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8885.101. GENERAL POWERS AND DUTIES. The district has
the rights, powers, privileges, functions, and duties provided by
the general law of this state, including Chapter 36, Water Code,
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution. (Acts 72nd Leg.,
R.S., Ch. 46, Sec. 5(a) (part).)
CHAPTER 8886. SUTTON COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8886.001. DEFINITIONS
Sec. 8886.002. NATURE OF DISTRICT
Sec. 8886.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8886.004. CONFLICTS OF LAW
SUBCHAPTER B. TERRITORY
Sec. 8886.051. DISTRICT TERRITORY
Sec. 8886.052. LAND EXCLUSION
Sec. 8886.053. ANNEXATION OF TERRITORY
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8886.101. COMPOSITION OF BOARD; TERMS
Sec. 8886.102. ELECTION OF DIRECTORS
Sec. 8886.103. ELECTION DATE
Sec. 8886.104. QUALIFICATIONS FOR OFFICE
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8886.151. GENERAL POWERS AND DUTIES
Sec. 8886.152. ADMINISTRATIVE PROCEDURES
Sec. 8886.153. WELL PERMITS
Sec. 8886.154. WELL SPACING AND PRODUCTION
Sec. 8886.155. LOGS
Sec. 8886.156. AVAILABLE GROUNDWATER
Sec. 8886.157. SURVEYS
Sec. 8886.158. RESEARCH AND DETERMINATIONS REGARDING
GROUNDWATER WITHDRAWAL
Sec. 8886.159. COLLECTION AND PRESERVATION OF
INFORMATION
Sec. 8886.160. CONTRACT FOR SALE AND DISTRIBUTION OF
WATER
Sec. 8886.161. ACQUISITION OF LAND
Sec. 8886.162. ELECTIONS
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8886.201. TAX AND BOND PROVISIONS
SUBCHAPTER F. DISSOLUTION OF DISTRICT
Sec. 8886.251. DISSOLUTION OF DISTRICT
CHAPTER 8886. SUTTON COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8886.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Sutton County Underground
Water Conservation District. (Acts 69th Leg., R.S., Ch. 377, Sec.
3; New.)
Sec. 8886.002. NATURE OF DISTRICT. The district is created
under Section 59, Article XVI, Texas Constitution, to provide for
the conservation, preservation, protection, recharge, and
prevention of waste of the groundwater reservoirs located under
district land, consistent with the objectives of Section 59,
Article XVI, Texas Constitution, and Chapters 36 and 51, Water
Code. (Acts 69th Leg., R.S., Ch. 377, Secs. 1 (part), 6.)
Sec. 8886.003. FINDINGS OF PUBLIC USE AND BENEFIT. The
legislature finds that:
(1) the organization of the district is feasible and
practicable;
(2) the land to be included in and the residents of the
district will benefit from the creation of the district;
(3) there is a public necessity for the district; and
(4) the creation of the district will further the
public welfare. (Acts 69th Leg., R.S., Ch. 377, Sec. 4.)
Sec. 8886.004. CONFLICTS OF LAW. (a) Except as otherwise
provided by this chapter, if there is a conflict between this
chapter and Chapter 49, 51, or 36, Water Code, this chapter
controls.
(b) If there is a conflict between Chapter 49 or 51, Water
Code, and Chapter 36, Water Code, Chapter 36 controls. (Acts 69th
Leg., R.S., Ch. 377, Sec. 17.)
SUBCHAPTER B. TERRITORY
Sec. 8886.051. DISTRICT TERRITORY. The district is
composed of the territory in Sutton County, other than the
territory in Sections 60, 67, and 90, Block No. A, HE&WTRyCoSurvey,
Sutton County, unless the district's territory has been modified
under:
(1) Section 8886.052 or 8886.053 of this chapter or
their predecessor statutes, former Section 11 or 14, Chapter 377,
Acts of the 69th Legislature, Regular Session, 1985; or
(2) other law. (Acts 69th Leg., R.S., Ch. 377, Sec. 5;
New.)
Sec. 8886.052. LAND EXCLUSION. Land may be excluded from
the district in accordance with the procedures prescribed in
Sections 49.303-49.308, Water Code. (Acts 69th Leg., R.S., Ch.
377, Sec. 11.)
Sec. 8886.053. ANNEXATION OF TERRITORY. (a) Territory may
be added to the district as provided by:
(1) Subchapter J, Chapter 49, Water Code; or
(2) Subchapter O, Chapter 51, Water Code.
(b) If the district annexes territory, the board shall
determine the precincts to which annexed territory is added for the
purpose of electing directors. (Acts 69th Leg., R.S., Ch. 377, Sec.
14; New.)
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8886.101. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) The directors serve staggered four-year terms. (Acts
69th Leg., R.S., Ch. 377, Secs. 15(a), (f); Acts 72nd Leg., R.S.,
Ch. 757, Sec. 3(b) (part).)
Sec. 8886.102. ELECTION OF DIRECTORS. One director is
elected from each county commissioners precinct in Sutton County.
One director is elected at large. (Acts 69th Leg., R.S., Ch. 377,
Sec. 15(c).)
Sec. 8886.103. ELECTION DATE. The district shall hold an
election to elect directors on the uniform election date in May of
each odd-numbered year or another date authorized by law. (Acts
69th Leg., R.S., Ch. 377, Sec. 15(e); New.)
Sec. 8886.104. QUALIFICATIONS FOR OFFICE. (a) To be
qualified for election as a director, a person must be:
(1) a resident of the district; and
(2) at least 18 years of age.
(b) To be qualified for election as a director from a
precinct, a person must be a resident of the precinct from which the
person is elected. (Acts 69th Leg., R.S., Ch. 377, Secs. 15(b),
(d).)
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8886.151. GENERAL POWERS AND DUTIES. Except as
otherwise provided by this chapter, the district may exercise:
(1) the powers essential to accomplish the purposes of
Section 59, Article XVI, Texas Constitution; and
(2) the rights, powers, and functions provided by this
chapter and Chapters 36 and 51, Water Code. (Acts 69th Leg., R.S.,
Ch. 377, Sec. 2.)
Sec. 8886.152. ADMINISTRATIVE PROCEDURES. Except as
otherwise provided by this chapter, the administrative and
procedural provisions of Chapters 36 and 51, Water Code, apply to
the district. (Acts 69th Leg., R.S., Ch. 377, Sec. 8.)
Sec. 8886.153. WELL PERMITS. (a) The board may:
(1) require a permit for drilling, equipping, or
completing a well in a groundwater reservoir in the district; and
(2) issue a permit that imposes terms relating to
drilling, equipping, or completing a well that are necessary to
prevent waste or conserve, preserve, and protect groundwater.
(b) The board may not deny an owner of land, or the owner's
heirs, assigns, and lessees, a permit to drill a well on that land
or the right to produce groundwater from that well, subject to rules
adopted under this chapter. (Acts 69th Leg., R.S., Ch. 377, Secs.
7(b), (c) (part).)
Sec. 8886.154. WELL SPACING AND PRODUCTION. To minimize as
far as practicable the drawdown of the water table or the reduction
of the artesian pressure, the board may provide for spacing wells
that are producing water from a groundwater reservoir in the
district and may regulate the production from those wells. (Acts
69th Leg., R.S., Ch. 377, Sec. 7(c) (part).)
Sec. 8886.155. LOGS. The board may require that:
(1) accurate driller's logs be kept of wells in any
groundwater reservoir in the district; and
(2) a copy of driller's logs and of any electric logs
that are made of the wells be filed with the district. (Acts 69th
Leg., R.S., Ch. 377, Sec. 7(d) (part).)
Sec. 8886.156. AVAILABLE GROUNDWATER. The board shall
determine the quantity of the groundwater available for production
and use and the improvements, developments, and recharges that will
be necessary for any groundwater reservoirs in the district. (Acts
69th Leg., R.S., Ch. 377, Sec. 7(f) (part).)
Sec. 8886.157. SURVEYS. The board may have a licensed
engineer survey the groundwater of any groundwater reservoir in the
district and the facilities for the development, production, and
use of groundwater from any reservoir in the district. (Acts 69th
Leg., R.S., Ch. 377, Sec. 7(f) (part).)
Sec. 8886.158. RESEARCH AND DETERMINATIONS REGARDING
GROUNDWATER WITHDRAWAL. The district may carry out research
projects, develop information, and determine limitations, if any,
that should be placed on the withdrawal of groundwater. (Acts 69th
Leg., R.S., Ch. 377, Sec. 7(h).)
Sec. 8886.159. COLLECTION AND PRESERVATION OF INFORMATION.
The district may collect and preserve information regarding the use
of the groundwater and the practicability of recharge of a
groundwater reservoir in the district. (Acts 69th Leg., R.S., Ch.
377, Sec. 7(i).)
Sec. 8886.160. CONTRACT FOR SALE AND DISTRIBUTION OF WATER.
The district may contract for, sell, and distribute water from a
water import authority or other agency. (Acts 69th Leg., R.S., Ch.
377, Sec. 7(k).)
Sec. 8886.161. ACQUISITION OF LAND. The board may acquire
land to:
(1) erect a dam;
(2) drain a lake, draw, depression, or creek; and
(3) install pumps and other equipment necessary to
recharge a groundwater reservoir in the district. (Acts 69th Leg.,
R.S., Ch. 377, Sec. 7(e).)
Sec. 8886.162. ELECTIONS. The district shall conduct
elections in the manner provided by Chapter 51, Water Code. (Acts
69th Leg., R.S., Ch. 377, Sec. 16 (part).)
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8886.201. TAX AND BOND PROVISIONS. (a) Except as
otherwise provided by this chapter, the tax and bond provisions of
Chapters 36 and 51, Water Code, apply to the district.
(b) On approval of the majority of the voters in an election
called for that purpose, the district may impose an ad valorem tax
to pay the principal of and interest on bonds and to maintain the
district. The tax approved under this subsection may not exceed
five cents on each $100 of assessed valuation.
(c) At a regular meeting of the board, if the board
determines that the tax imposed under Subsection (b) is no longer
sufficient for the purposes stated in that subsection, the board
may call an election to be held to approve the imposition of an ad
valorem tax in excess of the limitation provided by Subsection (b).
If a majority of the voters approve the imposition of taxes in
excess of the limitation provided by Subsection (b), the district
may impose taxes in the amount approved by the voters at the
election called and held under this subsection. (Acts 69th Leg.,
R.S., Ch. 377, Secs. 12(a), (b) (part), (c).)
SUBCHAPTER F. DISSOLUTION OF DISTRICT
Sec. 8886.251. DISSOLUTION OF DISTRICT. The district may
be dissolved as provided by Chapter 36, Water Code. (Acts 69th
Leg., R.S., Ch. 377, Sec. 13.)
CHAPTER 8887. NORTH PLAINS GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8887.001. DEFINITIONS
Sec. 8887.002. NATURE OF DISTRICT
Sec. 8887.003. FINDING OF BENEFIT
Sec. 8887.004. DISTRICT TERRITORY
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8887.051. TERMS
Sec. 8887.052. ELECTION DATE
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8887.101. GENERAL POWERS AND DUTIES
Sec. 8887.102. WELL PERMITS
Sec. 8887.103. WELL SPACING AND PRODUCTION
Sec. 8887.104. RECORDS AND REPORTS
Sec. 8887.105. LOGS
Sec. 8887.106. SURVEYS
Sec. 8887.107. RESEARCH AND DETERMINATIONS REGARDING
GROUNDWATER WITHDRAWAL
Sec. 8887.108. COLLECTION AND PRESERVATION OF
INFORMATION
Sec. 8887.109. RULES: PREVENTION OF WASTE
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8887.151. LIMITATION ON MAINTENANCE AND OPERATION
TAX
Sec. 8887.152. MAINTENANCE AND OPERATION TAX ELECTION
Sec. 8887.153. DISTRICT DEBT
CHAPTER 8887. NORTH PLAINS GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8887.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the North Plains Groundwater
Conservation District. (Acts 54th Leg., R.S., Ch. 498, Sec. 2
(part); New.)
Sec. 8887.002. NATURE OF DISTRICT. The district is a
groundwater conservation district created under Section 59,
Article XVI, Texas Constitution. (Acts 54th Leg., R.S., Ch. 498,
Secs. 1 (part), 4 (part).)
Sec. 8887.003. FINDING OF BENEFIT. (a) All land and other
property in the district benefit from the:
(1) creation of the district;
(2) carrying out of the purposes for which the
district was created; and
(3) acquisition and construction of improvements to
carry out those purposes.
(b) The district is necessary to carry out the purposes of
Section 59, Article XVI, Texas Constitution. (Acts 54th Leg.,
R.S., Ch. 498, Sec. 4 (part).)
Sec. 8887.004. DISTRICT TERRITORY. The district is
composed of the territory described by Section 1, Chapter 498, Acts
of the 54th Legislature, Regular Session, 1955, as that territory
may have been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law. (Acts 54th Leg., R.S., Ch. 498, Sec. 1
(part); New.)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8887.051. TERMS. Directors serve staggered four-year
terms. (Acts 54th Leg., R.S., Ch. 498, Sec. 1A(a).)
Sec. 8887.052. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on a uniform
election date in each even-numbered year. (Acts 54th Leg., R.S.,
Ch. 498, Sec. 1A(b).)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8887.101. GENERAL POWERS AND DUTIES. The district has
all of the rights, powers, privileges, and duties provided by
general law applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution, and
Chapter 36, Water Code. (Acts 54th Leg., R.S., Ch. 498, Sec. 2
(part).)
Sec. 8887.102. WELL PERMITS. (a) The district may:
(1) require a permit for drilling, equipping, or
completing a well in a groundwater reservoir in the district; and
(2) issue a permit subject to terms relating to
drilling, equipping, or completing a well that are necessary to
prevent waste or contamination.
(b) The district may not deny an owner of land, or the
owner's heirs, assigns, and lessees, a permit to drill a well on
that land or to produce groundwater from that well subject to rules
adopted to prevent waste or contamination. (Acts 54th Leg., R.S.,
Ch. 498, Sec. 2 (part).)
Sec. 8887.103. WELL SPACING AND PRODUCTION. To minimize as
far as practicable the drawdown of the water table or the reduction
of the artesian pressure, the district may provide for the spacing
of wells producing from a groundwater reservoir or a subdivision of
a groundwater reservoir in the district and regulate the production
from those wells. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
Sec. 8887.104. RECORDS AND REPORTS. The district may
require that records be kept and reports be made of the drilling,
equipping, and completion of a well in a groundwater reservoir or a
subdivision of a groundwater reservoir in the district and the
taking and use of groundwater from those reservoirs or subdivisions
of those reservoirs. (Acts 54th Leg., R.S., Ch. 498, Sec. 2
(part).)
Sec. 8887.105. LOGS. The district may require that:
(1) accurate driller's logs be kept of the drilling,
equipping, and completion of a well in a groundwater reservoir or a
subdivision of a groundwater reservoir in the district; and
(2) a copy of a driller's log and of any electric log
that is made of the well be filed with the district. (Acts 54th
Leg., R.S., Ch. 498, Sec. 2 (part).)
Sec. 8887.106. SURVEYS. The district may have a licensed
engineer or qualified groundwater scientist survey the groundwater
of a groundwater reservoir or a subdivision of a groundwater
reservoir in the district and the facilities for the development,
production, and use of that groundwater to determine the:
(1) quantity of the groundwater available for
production and use; and
(2) improvements, developments, and recharges needed
for the groundwater reservoir or subdivision of a groundwater
reservoir. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
Sec. 8887.107. RESEARCH AND DETERMINATIONS REGARDING
GROUNDWATER WITHDRAWAL. The district may carry out research
projects, develop information, and determine limitations, if any,
that should be made on the withdrawal of water from a groundwater
reservoir or a subdivision of a groundwater reservoir in the
district. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
Sec. 8887.108. COLLECTION AND PRESERVATION OF INFORMATION.
The district may collect and preserve information regarding the use
of groundwater and the practicability of recharge of a groundwater
reservoir or a subdivision of a groundwater reservoir in the
district. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
Sec. 8887.109. RULES: PREVENTION OF WASTE. (a) In this
section, "waste" has the meaning assigned by Section 36.001, Water
Code.
(b) The district may adopt and enforce rules to prevent the
waste of the groundwater of any groundwater reservoir or
subdivision of a groundwater reservoir in the district. (Acts 54th
Leg., R.S., Ch. 498, Sec. 2 (part).)
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8887.151. LIMITATION ON MAINTENANCE AND OPERATION TAX.
To pay the maintenance and operating expenses of the district,
including the maintenance of its installations and activities, the
district may impose ad valorem taxes annually at a rate not to
exceed five cents on each $100 of assessed valuation on property in
the district subject to taxation. (Acts 54th Leg., R.S., Ch. 498,
Sec. 2 (part).)
Sec. 8887.152. MAINTENANCE AND OPERATION TAX ELECTION. The
district may order an election to impose taxes for the maintenance
of the district and its installations and activities. The election
must be held as is provided for elections authorizing the issuance
of bonds. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).)
Sec. 8887.153. DISTRICT DEBT. The district may incur all
indebtedness necessary to the achievement of the purposes for which
the district is created. (Acts 54th Leg., R.S., Ch. 498, Sec. 2
(part).)
CHAPTER 8888. NORTH HARRIS COUNTY REGIONAL WATER AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8888.001. DEFINITIONS
Sec. 8888.002. NATURE OF AUTHORITY
Sec. 8888.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8888.004. DISTRICTS IN AUTHORITY'S BOUNDARIES
Sec. 8888.005. APPLICABILITY OF OTHER LAW
SUBCHAPTER B. TERRITORY
Sec. 8888.051. AUTHORITY TERRITORY
Sec. 8888.052. LOCAL GOVERNMENT ANNEXATION
Sec. 8888.053. ADDITION OF WATER SYSTEM SERVICE AREA
Sec. 8888.054. INCLUSION OF CERTAIN TERRITORY
SUBCHAPTER C. AUTHORITY ADMINISTRATION
Sec. 8888.101. COMPOSITION OF BOARD
Sec. 8888.102. ELECTION OF DIRECTORS
Sec. 8888.103. ELECTION DATE
Sec. 8888.104. QUALIFICATION FOR OFFICE
Sec. 8888.105. BOARD VACANCY
Sec. 8888.106. MEETINGS
Sec. 8888.107. GENERAL MANAGER
Sec. 8888.108. EMPLOYEES
Sec. 8888.109. FIDELITY BOND
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8888.151. GENERAL POWERS AND DUTIES
Sec. 8888.152. ADDITIONAL POWERS
Sec. 8888.153. AUTHORITY RULES
Sec. 8888.154. FEES, RATES, AND CHARGES
Sec. 8888.155. FEE AMOUNTS
Sec. 8888.156. PRODUCTION FEES
Sec. 8888.157. GROUNDWATER REDUCTION PLAN
Sec. 8888.158. WATER SUPPLY AND DROUGHT CONTINGENCY
PLANS
Sec. 8888.159. ACQUISITION, CONSTRUCTION, AND
OPERATION OF SYSTEMS
Sec. 8888.160. STORAGE, SALE, OR REUSE OF WATER OR
BY-PRODUCT
Sec. 8888.161. GENERAL CONTRACTING AUTHORITY
Sec. 8888.162. SPECIFIC CONTRACTING AUTHORITY
Sec. 8888.163. PURCHASE OF SURPLUS PROPERTY
Sec. 8888.164. PURCHASE OF INTEREST IN PROJECT
Sec. 8888.165. COOPERATION WITH PUBLIC ENTITIES
Sec. 8888.166. SURFACE WATER DELIVERY SYSTEM
Sec. 8888.167. CONDITIONAL APPROVAL OF CONSTRUCTION
PROJECTS
Sec. 8888.168. STATEMENT OF AMOUNTS OF WATER TO BE
DELIVERED
Sec. 8888.169. EFFECT OF MUNICIPAL ANNEXATION ON FEES
AND SERVICES
Sec. 8888.170. CIVIL PENALTY; CIVIL ACTION; INJUNCTION
Sec. 8888.171. EMINENT DOMAIN
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8888.201. GIFT OR GRANT FROM SUBSIDENCE DISTRICT
Sec. 8888.202. AUTHORIZATION OF DISBURSEMENT
Sec. 8888.203. AD VALOREM TAX PROHIBITED
Sec. 8888.204. COOPERATIVE FUNDING
SUBCHAPTER F. NOTES AND BONDS
Sec. 8888.251. REVENUE NOTES
Sec. 8888.252. REVENUE AND BOND ANTICIPATION NOTES
Sec. 8888.253. BONDS AND NOTES
Sec. 8888.254. BONDS SECURED BY CONTRACT PROCEEDS:
APPROVAL
Sec. 8888.255. REFUNDING BONDS
Sec. 8888.256. VALIDITY OF BONDS AFTER ADDITION OF
TERRITORY
CHAPTER 8888. NORTH HARRIS COUNTY REGIONAL WATER AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8888.001. DEFINITIONS. In this chapter:
(1) "Agricultural crop" means:
(A) a food or fiber commodity grown for resale or
commercial purposes that provides food, clothing, or animal feed;
or
(B) a nursery product or florist item that is in
the possession of a nursery grower.
(2) "Authority" means the North Harris County Regional
Water Authority.
(3) "Board" means the authority's board of directors.
(4) "Commission" means the Texas Commission on
Environmental Quality.
(5) "Director" means a member of the board.
(6) "Florist item" means a cut flower, potted plant,
blooming plant, inside foliage plant, bedding plant, corsage
flower, cut foliage, floral decoration, or live decorative
material.
(7) "Groundwater reduction plan" means a plan adopted
or implemented to supply water, reduce reliance on groundwater,
regulate groundwater pumping and water usage, or require and
allocate water usage among persons in order to comply with or exceed
the minimum requirements imposed by the subsidence district,
including any applicable groundwater reduction requirements.
(8) "Local government" means a municipality, county,
special district, or other political subdivision of this state or a
combination of two or more of those entities.
(9) "Nursery grower" means a person who grows, in any
medium, more than 50 percent of the nursery products or florist
items that the person sells or leases, regardless of the variety
sold, leased, or grown. For the purposes of this definition, "grow"
means the actual cultivation or propagation of the nursery product
or florist item beyond the mere holding or maintaining of the item
before sale or lease and typically includes activities associated
with the production or multiplying of stock such as the development
of new plants from cuttings, grafts, plugs, or seedlings.
(10) "Nursery product" includes a tree, shrub, vine,
cutting, graft, scion, grass, bulb, or bud that is grown for, kept
for, or capable of propagation and distribution for sale or lease.
(11) "Subsidence" means the lowering in elevation of
the surface of land by the withdrawal of groundwater.
(12) "Subsidence district" means the Harris-Galveston
Subsidence District.
(13) "System" means a network of pipelines, conduits,
canals, pumping stations, force mains, and treatment plants, and
any other construction, device, or related appurtenance, used to
treat or transport water.
(14) "Water" includes:
(A) groundwater, percolating or otherwise;
(B) any surface water, natural or artificial,
navigable or nonnavigable; and
(C) industrial and municipal wastewater. (Acts
76th Leg., R.S., Ch. 1029, Secs. 1.01(a) (part), 1.02(1), (2), (3),
(4), (5), (7), (8), (9), (10), (11), (12) as added Acts 77th Leg.,
R.S., Ch. 232, (12) as added Acts 77th Leg., R.S., Ch. 1296, (13),
(14).)
Sec. 8888.002. NATURE OF AUTHORITY. The authority is a
regional water authority in Harris County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution. (Acts 76th Leg., R.S., Ch. 1029, Secs. 1.01(a)
(part), (b).)
Sec. 8888.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
authority is created to serve a public use and benefit.
(b) All land and other property included in the authority
will benefit from the works and projects accomplished by the
authority under the powers provided by this chapter. (Acts 76th
Leg., R.S., Ch. 1029, Sec. 1.06.)
Sec. 8888.004. DISTRICTS IN AUTHORITY'S BOUNDARIES. A
district in the authority's boundaries retains the district's
separate identity, powers, and duties. The district is subject to
the authority's powers and duties, including those powers and
duties necessary to develop, implement, and enforce a groundwater
reduction plan. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.14.)
Sec. 8888.005. APPLICABILITY OF OTHER LAW. (a) This
chapter prevails over any inconsistent provision of general law.
(b) This chapter does not prevail over or preempt a
provision of Chapter 8801 of this code or Chapter 36, Water Code,
that is being implemented by the subsidence district.
(c) The following laws do not apply to the authority:
(1) Chapter 36, Water Code;
(2) Section 49.052, Water Code; and
(3) Sections 49.451-49.455, Water Code. (Acts 76th
Leg., R.S., Ch. 1029, Sec. 1.05.)
SUBCHAPTER B. TERRITORY
Sec. 8888.051. AUTHORITY TERRITORY. The authority is
composed of the territory described by Sections 1.03(a), (b),
(b-1), (b-2), (c), and (e), Chapter 1029, Acts of the 76th
Legislature, Regular Session, 1999, as that territory may have been
modified under:
(1) this subchapter or the following predecessor
statutes:
(A) Sections 1.03(f) and (g), Chapter 1029, Acts
of the 76th Legislature, Regular Session, 1999; or
(B) Section 1.045, Chapter 1029, Acts of the 76th
Legislature, Regular Session, 1999; or
(2) Subchapter J, Chapter 49, Water Code. (New.)
Sec. 8888.052. LOCAL GOVERNMENT ANNEXATION. Territory
annexed by a local government located in the authority becomes
territory of the authority on the effective date of the annexation
unless the annexed territory is included in another local
government's approved groundwater reduction plan as of the
effective date of the annexation. The authority by rule may require
the local government to send the authority:
(1) written notice of the effective date of an
annexation; and
(2) copies of documents describing the annexed land
and the new boundaries of the local government. (Acts 76th Leg.,
R.S., Ch. 1029, Sec. 1.03(f).)
Sec. 8888.053. ADDITION OF WATER SYSTEM SERVICE AREA. If
territory is added to the service area of a person owning a water
system located in the authority, the territory becomes territory of
the authority on the effective date of the territory's addition to
the service area unless the added territory is included in another
local government's approved groundwater reduction plan as of the
effective date of the addition. The authority by rule may require
the person to send the authority:
(1) written notice of the effective date of an
addition of territory; and
(2) copies of documents describing the added territory
and the new boundaries of the person's service area. (Acts 76th
Leg., R.S., Ch. 1029, Sec. 1.03(g).)
Sec. 8888.054. INCLUSION OF CERTAIN TERRITORY. (a) The
board of directors of a district organized under Section 52,
Article III, or Section 59, Article XVI, Texas Constitution, all or
part of which is not included in the authority, by petition may
request the district's territory to be included in the authority's
territory. The petition must:
(1) be filed with the authority; and
(2) include an accurate legal description of the
boundaries of the territory to be included.
(b) If the authority has bonds, notes, or other obligations
outstanding, the board shall require the petitioning district to
assume the district's share of the outstanding bonds, notes, or
other obligations.
(c) Before the 61st day after the date the authority
receives the petition, the board shall hold a hearing to consider
the petition. The board may grant the petition and order the
territory described in the petition to be included in the
authority's territory if:
(1) it is feasible, practicable, and to the advantage
of the authority; and
(2) the authority's system and other improvements of
the authority are sufficient or will be sufficient to supply the
added territory without injuring the territory already included in
the authority.
(d) If the board grants the petition, the board shall file
for recording in the office of the county clerk of Harris County:
(1) a copy of the order; and
(2) a description of the authority's boundaries as
they exist after the inclusion of the territory.
(e) The order including the territory is effective
immediately after the order and description are recorded.
(f) Except as provided by Subsection (g), a district that
petitions to be included in the authority's territory is subject to
the fees and reimbursements that are in effect at the time of the
district's petition and are applicable to such a petitioner.
(g) The authority may not require a district that petitioned
before January 1, 2002, to be included in the authority's territory
to pay a fee to the authority for admission or reimbursement for
activities the authority has undertaken since the authority's
creation in the furtherance of the authority's duties and
functions. (Acts 76th Leg., R.S., Ch. 1029, Sec. 1.045.)
SUBCHAPTER C. AUTHORITY ADMINISTRATION
Sec. 8888.101. COMPOSITION OF BOARD. The authority is
governed by a board of five elected directors. (Acts 76th Leg.,
R.S., Ch. 1029, Secs. 2.01(a), 2.02(a) (part).)
Sec. 8888.102. ELECTION OF DIRECTORS. (a) One director is
elected from each of five single-member voting districts by the
voters of the voting district.
(b) A person shall indicate on the application for a place
on the ballot the voting district the person seeks to represent.
(c) In the manner described by Section 49.103(d), Water
Code, the board shall redraw the single-member voting districts as
soon as practicable after each federal decennial census and as
otherwise required by law.
(d) At the first election after each time the voting
districts are redrawn:
(1) five new directors shall be elected to represent
the single-member voting districts; and
(2) the directors elected shall draw lots to determine
the directors' terms so that:
(A) two directors serve two-year terms; and
(B) three directors serve four-year terms.
(e) Subchapter C, Chapter 146, Election Code, applies to the
consideration of votes for a write-in candidate for director as if
the authority were a municipality. (Acts 76th Leg., R.S., Ch. 1029,
Sec. 2.02.)
Sec. 8888.103. ELECTION DATE. The authority shall hold an
election to elect the appropriate number of directors to the board
on a uniform election date in each even-numbered year. (Acts 76th
Leg., R.S., Ch. 1029, Sec. 2.06.)
Sec. 8888.104. QUALIFICATION FOR OFFICE. To be eligible to
serve as a director, a person must be a qualified voter in the
voting district from which the person is elected or appointed.
(Acts 76th Leg., R.S., Ch. 1029, Sec. 2.01(c).)
Sec. 8888.105. BOARD VACANCY. (a) The board shall appoint
a person to fill a vacancy in the office of director.
(b) The appointed person serves until the next directors'
election.
(c) If the position is not scheduled to be filled at the
election, the person elected to fill the position serves only for
the remainder of the unexpired term. (Acts 76th Leg., R.S., Ch.
1029, Sec. 2.01(b).)
Sec. 8888.106. MEETINGS. The board shall meet at least four
times each year and may meet at any other time the board considers
appropriate. (Acts 76th Leg., R.S., Ch. 1029, Sec. 3.01.)
Sec. 8888.107. GENERAL MANAGER. (a) The board shall employ
a general manager to serve as the chief administrative officer of
the authority. The board may delegate to the general manager the
full authority to manage and operate the affairs of the authority
subject only to the orders of the board.
(b) The duties of the general manager include:
(1) administering board orders;
(2) coordinating with state, federal, and local
agencies;
(3) overseeing development of authority plans and
programs; and
(4) performing other duties assigned by the board.
(c) The board shall determine the terms of office and
employment and the compensation of the general manager.
(d) The board may discharge the general manager by a
majority vote of the board. (Acts 76th Leg., R.S., Ch. 1029, Sec.
3.02.)
Sec. 8888.108. EMPLOYEES. (a) The general manager shall
employ all persons necessary to properly handle authority business
and operations. The general manager may employ attorneys,
bookkeepers, engineers, and other expert and specialized employees
the board considers necessary.
(b) The general manager shall determine the compensation to
be paid by the authority.
(c) The general manager may discharge an authority
employee. (Acts 76th Leg., R.S., Ch. 1029, Secs. 3.03(a), (b).)
Sec. 8888.109. FIDELITY BOND. The general manager and each
authority employee or contractor who is charged with the
collection, custody, or payment of any authority money shall
execute a fidelity bond in an amount determined by the board and in
a form and with a surety approved by the board. The authority shall
pay for the bond. (Acts 76th Leg., R.S., Ch. 1029, Sec. 3.03(c).)
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8888.151. GENERAL POWERS AND DUTIES. (a) The
authority has the rights, powers, privileges, functions, and duties
necessary and convenient to accomplish the purposes of this
chapter, including those provided by Chapter 49, Water Code.
(b) The authority shall exercise its rights, powers, and
privileges in a manner that will promote regionalization of water
treatment and distribution. (Acts 76th Leg., R.S., Ch. 1029, Secs.
4.01(a), (d).)
Sec. 8888.152. ADDITIONAL POWERS. The authority may:
(1) provide for the conservation, preservation,
protection, recharge, and prevention of waste of groundwater in a
manner consistent with the purposes of Section 59, Article XVI,
Texas Constitution;
(2) for the purposes of reducing groundwater
withdrawals and subsidence, acquire or develop surface water and
groundwater supplies from sources inside or outside the authority
and may conserve, store, transport, treat, purify, distribute,
sell, and deliver water to persons inside and outside the
authority;
(3) coordinate water services provided inside,
outside, or into the authority;
(4) provide for the reduction of groundwater
withdrawals by the development, implementation, or enforcement of a
groundwater reduction plan as provided by Section 8888.157;
(5) identify sources of water other than groundwater
to be provided by the authority;
(6) specify the rates and terms under which sources of
water other than groundwater will be provided by the authority,
which may be changed as considered necessary by the authority;
(7) specify the dates and extent to which each person
in the authority shall accept water from the authority; and
(8) administer and enforce this chapter. (Acts 76th
Leg., R.S., Ch. 1029, Sec. 4.01(b) (part).)
Sec. 8888.153. AUTHORITY RULES. (a) The authority shall
adopt and enforce rules reasonably required to implement this
chapter, including rules governing procedures before the board.
(b) The board shall compile the authority's rules in a book
and make the rules available for use and inspection at the
authority's principal office. (Acts 76th Leg., R.S., Ch. 1029, Sec.
4.02.)
Sec. 8888.154. FEES, RATES, AND CHARGES. As necessary to
enable the authority to fulfill the authority's purposes and
regulatory obligations provided by this chapter, the authority may
establish:
(1) fees, rates, and charges; and
(2) classifications of fee and rate payers. (Acts 76th
Leg., R.S., Ch. 1029, Sec. 4.03(a).)
Sec. 8888.155. FEE AMOUNTS. Fees established by the board
must be sufficient to:
(1) achieve water conservation;
(2) prevent waste of water;
(3) serve as a disincentive to pumping groundwater;
(4) accomplish the purposes of this chapter, including
making available alternative water supplies;
(5) enable the authority to meet operation and
maintenance expenses; and
(6) pay the principal of and interest on debt issued in
connection with the exercise of the authority's general powers and
duties. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.03(c).)
Sec. 8888.156. PRODUCTION FEES. (a) The authority may
charge the owner of a well located in the authority a fee on the
amount of water pumped from the well. The board shall establish the
rate of a fee under this subsection only after a special meeting on
the fee.
(b) The board by rule shall exempt from the fee established
under Subsection (a) each class of wells that is not subject to a
groundwater reduction requirement imposed by the subsidence
district. If an exempted class of wells becomes subject to a
groundwater reduction requirement imposed by the subsidence
district, the authority may charge the fee established under
Subsection (a) on the wells of that class. The board by rule may
exempt any other class of wells from the fee established under
Subsection (a).
(c) Notwithstanding any other law, the authority may charge
a fee established under Subsection (a) on a well or class of wells
located in the authority that, on or after June 30, 2013:
(1) ceases to be subject to a groundwater reduction
requirement imposed by the subsidence district; or
(2) is no longer subject to the regulatory provisions,
permitting requirements, or jurisdiction of the subsidence
district.
(d) The board may not apply the fee established under
Subsection (a) to a well:
(1) with a casing diameter of less than five inches
that serves a single-family dwelling;
(2) regulated under Chapter 27, Water Code;
(3) used for irrigation of agricultural crops; or
(4) used solely for electric generation. (Acts 76th
Leg., R.S., Ch. 1029, Secs. 4.03(b), (e).)
Sec. 8888.157. GROUNDWATER REDUCTION PLAN. (a) The
authority may develop, implement, participate in, and enforce a
groundwater reduction plan. The groundwater reduction plan is
binding on persons and wells in the authority.
(b) The groundwater reduction plan may be amended at the
discretion of the authority subject to the requirements and
procedures of the subsidence district applicable to the amendment
of groundwater reduction plans.
(c) The groundwater reduction plan may exceed the minimum
requirements imposed by the subsidence district, including any
applicable groundwater reduction requirements.
(d) The authority may contract on mutually agreeable terms
with a person located outside the authority to allow the person to
be included in the groundwater reduction plan. A contract entered
into under this subsection has the same force and effect as if the
person were located in the authority, except that the person is not
entitled to vote in an election for members of the board. (Acts 76th
Leg., R.S., Ch. 1029, Secs. 4.01(e), (f), (g), (h).)
Sec. 8888.158. WATER SUPPLY AND DROUGHT CONTINGENCY PLANS.
As needed but not less frequently than every five years, the
authority by rule shall develop, prepare, revise, and adopt
comprehensive water supply and drought contingency plans for
various areas of the authority. The plans must:
(1) be consistent with regional planning; and
(2) include 10-year, 20-year, and 50-year projections
of water needs in the authority. (Acts 76th Leg., R.S., Ch. 1029,
Sec. 4.05.)
Sec. 8888.159. ACQUISITION, CONSTRUCTION, AND OPERATION OF
SYSTEMS. (a) The authority may:
(1) by purchase, gift, lease, contract, or any other
legal means, acquire and provide a water treatment or supply
system, or any other work, plant, improvement, or facility
necessary or convenient to accomplish the purposes of the
authority, or any interest in those assets, inside or outside the
authority;
(2) design, finance, or construct a water treatment or
supply system, or other supply system, or any other work, plant,
improvement, or facility necessary or convenient to accomplish the
purposes of the authority, and provide water services inside or
outside the authority;
(3) maintain, operate, lease, or sell a water
treatment or supply system, or any other work, plant, improvement,
or facility necessary or convenient to accomplish the purposes of
the authority, that the authority constructs or acquires inside or
outside the authority; or
(4) contract with a person who owns a water treatment
or supply system to operate or maintain the system.
(b) The authority shall give a person outside the authority,
including the City of Houston, the option to contract for available
excess capacity of the authority's water treatment or supply system
or, before construction of a water treatment or supply system
begins, for additional capacity of the system. The authority must
offer a contract that would enable the person to pay for the excess
or additional capacity in accordance with the person's pro rata
share of the capital investment and operational and maintenance
costs for providing the excess or additional capacity. (Acts 76th
Leg., R.S., Ch. 1029, Sec. 4.06.)
Sec. 8888.160. STORAGE, SALE, OR REUSE OF WATER OR
BY-PRODUCT. The authority may store, sell, or reuse:
(1) water; or
(2) any by-product from the authority's operations.
(Acts 76th Leg., R.S., Ch. 1029, Sec. 4.07.)
Sec. 8888.161. GENERAL CONTRACTING AUTHORITY. (a) The
authority may enter into a contract with any person on terms the
board considers desirable, fair, and advantageous for the
performance of its rights and powers under this chapter.
(b) The authority may enter into a contract with any person
regarding the performance of any purpose or function of the
authority, including a contract to jointly construct, finance, own,
or operate works, improvements, facilities, plants, equipment, or
appliances necessary to accomplish a purpose or function of the
authority. A contract may be of unlimited duration.
(c) Notwithstanding any inconsistent provision of general
law or of a home-rule municipal charter or ordinance, the authority
and a municipality may, after January 1, 2002, enter into a contract
of unlimited duration. (Acts 76th Leg., R.S., Ch. 1029, Secs.
4.01(b) (part), 4.09(a), 4.10(d); Acts 78th Leg., R.S., Ch. 381,
Sec. 6.)
Sec. 8888.162. SPECIFIC CONTRACTING AUTHORITY. The
authority may contract for:
(1) the purchase or sale of water or water rights;
(2) the performance of activities within the powers of
the authority to promote the continuing and orderly development of
land and property in the authority through the purchase,
construction, or installation of works, improvements, facilities,
plants, equipment, or appliances so that, to the greatest extent
possible considering sound engineering practices and economic
feasibility, all the land and property in the authority may receive
services of the works, improvements, facilities, plants,
equipment, or appliances of the authority; or
(3) the construction, ownership, maintenance, or
operation of any works, improvements, facilities, plants,
equipment, or appliances of the authority or another person. (Acts
76th Leg., R.S., Ch. 1029, Sec. 4.09(c).)
Sec. 8888.163. PURCHASE OF SURPLUS PROPERTY. (a) The
authority may purchase surplus property from this state, the United
States, or another public entity through a negotiated contract
without bids.
(b) An officer, agent, or employee of the authority who is
financially interested in a contract described by Subsection (a)
shall disclose the interest to the board before the board votes on
the acceptance of the contract. (Acts 76th Leg., R.S., Ch. 1029,
Secs. 4.09(d), (e).)
Sec. 8888.164. PURCHASE OF INTEREST IN PROJECT. The
authority may purchase an interest in a project used for a purpose
or function of the authority. (Acts 76th Leg., R.S., Ch. 1029, Sec.
4.09(b).)
Sec. 8888.165. COOPERATION WITH PUBLIC ENTITIES. (a) In
implementing this chapter, the board may cooperate with and request
the assistance of the Texas Water Development Board, the
commission, the United States Geological Survey, the subsidence
district, other local governments, and other agencies of the United
States and this state.
(b) The subsidence district may:
(1) enter into an interlocal contract with the
authority to carry out the authority's purposes; and
(2) carry out the governmental functions and services
specified in the interlocal contract.
(c) The board shall coordinate with the City of Houston to
develop an interregional plan for a system to distribute treated
surface water in an economical and efficient manner. (Acts 76th
Leg., R.S., Ch. 1029, Secs. 4.10(a), (b), (c).)
Sec. 8888.166. SURFACE WATER DELIVERY SYSTEM. (a) In this
section, "surface water delivery system":
(1) includes a facility that is to be constructed and
that will be:
(A) used to transport groundwater between
utility districts;
(B) used temporarily to transport groundwater
between utility districts if there is a reasonable probability that
the facility will be used for that purpose on a permanent basis in
the future; or
(C) necessary to accomplish an authority
purpose, including management of water, water conservation, or
water reuse; and
(2) does not include the use of the bed and banks to
transport water or wastewater.
(b) The authority may expedite the financing and
construction of a surface water delivery system, or other projects
of the authority, to accomplish a conversion from reliance on
groundwater to reliance on surface water not later than the earlier
of:
(1) the date required by the subsidence district; or
(2) the date determined by the board to be in the
interest of the authority or one or more districts inside or outside
the authority.
(c) It is the intent of the legislature that the commission
cooperate with and assist the authority in developing a surface
water delivery system or other authority project in an expedited
manner as provided by Subsection (b).
(d) The commission and the authority may enter into a
memorandum of understanding that relates to the construction of a
surface water delivery system. The memorandum of understanding
may:
(1) establish standard procedures for the commission
to grant conditional or final approval of authority construction
projects;
(2) establish standing waivers or conditions
applicable to those construction projects;
(3) delegate powers to the authority to carry out any
commission duty relating to an activity that the authority may
undertake if the delegation:
(A) does not violate federal law; and
(B) is not inconsistent with any agreement of
this state with, or any delegation of authority to this state from,
the United States Environmental Protection Agency;
(4) set minimum standards for construction or other
projects; or
(5) address any other matter that relates to an
activity that the authority may undertake and that the commission
may regulate. (Acts 76th Leg., R.S., Ch. 1029, Secs. 4.10(e), (f),
(g) (part), (j).)
Sec. 8888.167. CONDITIONAL APPROVAL OF CONSTRUCTION
PROJECTS. (a) The commission may grant conditional approval of a
construction project or waive a requirement of any law or
commission rule with respect to a construction project if the
conditional approval or waiver does not compromise public health or
safety.
(b) If the commission grants conditional approval of or a
waiver for a construction project, the authority shall make any
subsequent changes required by the commission in the construction
project necessary to protect the public health or safety.
(c) The commission may not require that the authority enter
into a contract with another person as a condition for approving an
authority construction project. The authority may meet the
authority's obligations under commission rules that require
certain issues to be addressed by contract by adopting rules that
address the commission issues and that allocate responsibility as
necessary between the authority and a person in the authority.
(Acts 76th Leg., R.S., Ch. 1029, Secs. 4.10(g) (part), (h), (i).)
Sec. 8888.168. STATEMENT OF AMOUNTS OF WATER TO BE
DELIVERED. To comply with commission rules that would require the
authority to state specific amounts of water that may or will be
provided to another entity receiving water from the authority, the
authority may state the amount in ranges that the authority may
change on prompt notification to the commission. (Acts 76th Leg.,
R.S., Ch. 1029, Sec. 4.10(k).)
Sec. 8888.169. EFFECT OF MUNICIPAL ANNEXATION ON FEES AND
SERVICES. (a) Except to the extent the authority agrees in
writing, a municipality's annexation of territory that is in the
authority does not affect the authority's ability to assess and
collect inside the annexed territory the types of fees, rates,
charges, or special assessments that the authority was assessing
and collecting at the time the municipality initiated the
annexation.
(b) The authority's ability to assess and collect the types
of fees, rates, charges, or special assessments described by
Subsection (a) terminates on the later of:
(1) the date of final payment or defeasance of any
bonds or other indebtedness, including any refunding bonds, that
are secured by those fees, rates, charges, or special assessments;
or
(2) the date that the authority no longer provides
services inside the annexed territory.
(c) The authority shall continue to provide services to the
annexed territory in accordance with contracts in effect at the
time of the annexation unless a written agreement between the board
and the governing body of the municipality provides otherwise.
(Acts 76th Leg., R.S., Ch. 1029, Sec. 1.03(d).)
Sec. 8888.170. CIVIL PENALTY; CIVIL ACTION; INJUNCTION.
(a) A person who violates a rule or order of the authority is
subject to a civil penalty of not less than $50 and not more than
$5,000 for each violation or each day of a continuing violation.
(b) The authority may bring an action to recover the penalty
in a district court in the county where the violation occurred. The
penalty shall be paid to the authority.
(c) The authority may bring an action for injunctive relief
in a district court in the county where a violation of an authority
rule or order occurs or is threatened to occur. The court may grant
to the authority, without bond or other undertaking, a prohibitory
or mandatory injunction that the facts warrant, including a
temporary restraining order, temporary injunction, or permanent
injunction.
(d) The authority may bring an action for a civil penalty
and injunctive relief in the same proceeding.
(e) The authority may bring an action in a district court
against a person located in the authority or included in the
authority's groundwater reduction plan to:
(1) recover any fees, rates, charges, assessments,
collection expenses, attorney's fees, interest, penalties, or
administrative penalties due the authority; or
(2) enforce the authority's rules or orders.
(f) Governmental immunity from suit or liability of a
district or other political subdivision is waived for the purposes
of an action described by Subsection (e). (Acts 76th Leg., R.S.,
Ch. 1029, Sec. 4.04.)
Sec. 8888.171. EMINENT DOMAIN. (a) The authority may
exercise the power of eminent domain in the authority to acquire
property of any kind to further the authorized purposes of the
authority.
(b) The authority may exercise the power of eminent domain
outside the authority to acquire any land, easements, or other
property for the purpose of pumping, treating, storing, or
transporting water.
(c) The authority may not exercise the power of eminent
domain under Subsection (b):
(1) for the condemnation of land for the purpose of
acquiring groundwater rights, water, or water rights; or
(2) to acquire property of any kind that is:
(A) owned by a municipality with a population of
1.6 million or more or any instrumentality of a municipality with a
population of 1.6 million or more, including any local government
corporation created by the municipality; or
(B) located in the corporate boundaries of a
municipality with a population of 1.6 million or more as of February
1, 2001.
(d) Notwithstanding Subsection (c)(2)(B), the authority may
exercise the power of eminent domain under Subsection (b) to
acquire property in the corporate boundaries of a municipality with
a population of 1.6 million or more if:
(1) the condemnation is to be used to provide
facilities between two points that are in the authority and the area
in the municipality is bounded by a line parallel to and 150 feet
north of the north side of Greens Bayou and by a line parallel to and
150 feet south of the south side of Greens Bayou;
(2) annexation of the territory by the municipality
was completed between January 1, 1962, and January 1, 1964; or
(3) the municipality grants permission for the
condemnation.
(e) The authority may not exercise the power of eminent
domain to acquire property of any kind in Galveston County.
(f) The authority must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code. The authority
is not required to give bond for appeal or bond for costs in a
condemnation suit, or other suit to which the authority is a party,
and is not required to deposit more than the amount of an award in a
suit.
(g) The authority may elect to condemn either the fee simple
or a lesser property interest when exercising the power of eminent
domain.
(h) The authority's authority under this section to
exercise the power of eminent domain expired on September 1, 2013,
unless the authority submitted a letter to the comptroller in
accordance with Section 2206.101(b), Government Code, not later
than December 31, 2012. (Acts 76th Leg., R.S., Ch. 1029, Secs.
4.08(a), (b), (c), (d), (e); New.)
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8888.201. GIFT OR GRANT FROM SUBSIDENCE DISTRICT. The
authority may accept a gift or grant from money collected by the
subsidence district under Chapter 8801 to fund a water treatment or
supply system. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.11 (part).)
Sec. 8888.202. AUTHORIZATION OF DISBURSEMENT. A
disbursement of the authority must be signed by at least two
directors. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.12(b) (part).)
Sec. 8888.203. AD VALOREM TAX PROHIBITED. The authority
may not impose an ad valorem tax. (Acts 76th Leg., R.S., Ch. 1029,
Sec. 4.13.)
Sec. 8888.204. COOPERATIVE FUNDING. (a) The authority may
develop a procedure for funding cooperatively a project of the
authority with money from a political subdivision located entirely
in the authority, and may develop a procedure for funding
cooperatively a project of the authority with money from a
political subdivision located wholly or partly outside the
authority, a water supply corporation, or other private entity, if
the authority project fulfills a governmental purpose of both the
authority and the political subdivision, or fulfills a governmental
purpose of the authority that the authority determines would be
furthered by cooperative funding from a private entity.
(b) A political subdivision may enter into a contract with
the authority for the political subdivision to finance a portion of
the proposed project with the political subdivision's resources
instead of using only the proceeds from bonds of the authority for
that purpose. The contract must be executed before the authority
issues the bonds. As provided in the contract, the authority may:
(1) reduce the value of the bond issuance to the degree
that the political subdivision provides project funding; and
(2) credit the political subdivision for the political
subdivision's contribution to the project financing and adjust the
allocation of revenue pledged to the payment of the bonds so that
the authority avoids using, to a degree reasonably commensurate
with the contribution, revenue from the political subdivision to
service the authority's bond debt or interest. (Acts 76th Leg.,
R.S., Ch. 1029, Sec. 5.05.)
SUBCHAPTER F. NOTES AND BONDS
Sec. 8888.251. REVENUE NOTES. (a) The board, without an
election, may borrow money on negotiable notes of the authority
payable solely from the revenue from any source, including:
(1) tolls, charges, and fees the authority imposes;
(2) the sale of water, water or sewer services, or any
other service or product of the authority;
(3) grants or gifts;
(4) the ownership and operation of all or a designated
part of the authority's works, improvements, facilities, plants, or
equipment; and
(5) contracts between the authority and any person.
(b) The notes may be first or subordinate lien notes at the
board's discretion. An obligation may not be a charge on the
property of the authority. An obligation may only be a charge on
revenue pledged for the payment of the obligation. (Acts 76th Leg.,
R.S., Ch. 1029, Sec. 5.01.)
Sec. 8888.252. REVENUE AND BOND ANTICIPATION NOTES. (a)
The board may issue negotiable revenue anticipation notes or
negotiable bond anticipation notes to borrow the money needed by
the authority without advertising or giving notice of the sale.
(b) The board may also issue negotiable combination revenue
and bond anticipation notes. Negotiable combination revenue and
bond anticipation notes may contain any term authorized under this
section for revenue anticipation notes or bond anticipation notes.
(c) Any note issued must mature not later than one year
after its date of issuance.
(d) A revenue anticipation note:
(1) may be issued to enable the authority to carry out
any purpose authorized by this chapter; and
(2) must be secured by the proceeds of revenue to be
collected by the authority in the 12-month period following the
date of issuance of the note.
(e) The board may covenant with the purchasers of revenue
anticipation notes that the board will charge and collect
sufficient revenue to pay the principal of and interest on the notes
and pay the cost of collecting the revenue.
(f) A bond anticipation note may be issued:
(1) for any purpose for which a bond of the authority
may be issued; or
(2) to refund previously issued revenue or bond
anticipation notes.
(g) The authority may covenant with the purchasers of the
bond anticipation notes that the authority will use the proceeds of
the sale of any bonds in the process of issuance for the purpose of
refunding the bond anticipation notes, in which case the board
shall use the proceeds received from the sale of the bonds in the
process of issuance to pay the principal, interest, or redemption
price on the bond anticipation notes.
(h) For purposes of Section 1202.007, Government Code, a
note issued under this section is considered to be payable only out
of:
(1) current revenue collected in the year the note is
issued; or
(2) the proceeds of other public securities. (Acts
76th Leg., R.S., Ch. 1029, Sec. 5.01A.)
Sec. 8888.253. BONDS AND NOTES. (a) To carry out a power
conferred by this chapter, the authority may issue bonds secured by
all or part of the revenue from any source, including any source
described by Section 8888.251(a).
(b) In issuing or securing a bond or note of the authority,
the authority may exercise any power of an issuer under Chapter
1371, Government Code.
(c) The authority may conduct a public, private, or
negotiated sale of the bonds.
(d) The bonds must:
(1) be authorized by board resolution;
(2) be issued in the authority's name;
(3) be signed by the board president or vice
president;
(4) be attested by the board secretary; and
(5) bear the authority's seal or facsimile seal.
(e) The bonds may be secured by an indenture of trust with a
corporate trustee.
(f) The authority may issue bonds in more than one series as
required for carrying out the purposes of this chapter. In issuing
bonds secured by the authority's revenue, the authority may reserve
the right to issue additional bonds secured by the authority's
revenue that are on a parity with or are senior or subordinate to
the bonds issued earlier.
(g) The resolution authorizing the bonds or the trust
indenture securing the bonds may specify additional provisions that
constitute a contract between the authority and the authority's
bondholders. The board may provide for:
(1) additional bond provisions; and
(2) a corporate trustee or receiver to take possession
of the authority's facilities if the authority defaults.
(h) Section 49.181, Water Code, does not apply to bonds or
notes issued by the authority. (Acts 76th Leg., R.S., Ch. 1029,
Secs. 5.02(a), (b), (c), (d) (part), (e), (f), (g), (h).)
Sec. 8888.254. BONDS SECURED BY CONTRACT PROCEEDS:
APPROVAL. (a) If bonds issued under this subchapter are secured by
a pledge of the proceeds of a contract between the authority and a
municipality or other governmental agency, authority, or district,
the authority shall submit to the attorney general a copy of the
contract and the proceedings of the municipality or other
governmental agency, authority, or district authorizing the
contract.
(b) If the attorney general finds that the bonds have been
authorized and the contract has been made in accordance with law,
the attorney general shall approve the bonds and contract. (Acts
76th Leg., R.S., Ch. 1029, Sec. 5.04 (part).)
Sec. 8888.255. REFUNDING BONDS. The provisions of this
subchapter regarding the issuance of other bonds, their security,
and the remedies of the holders apply to refunding bonds. (Acts
76th Leg., R.S., Ch. 1029, Sec. 5.03.)
Sec. 8888.256. VALIDITY OF BONDS AFTER ADDITION OF
TERRITORY. The annexation or addition of territory to the
authority under Section 8888.052 or 8888.053 does not affect the
validity of bonds issued by the authority. (Acts 76th Leg., R.S.,
Ch. 1029, Sec. 1.03(h).)
SECTION 1.05. Subtitle I, Title 6, Special District Local
Laws Code, is amended by adding Chapters 9048 and 9070 to read as
follows:
CHAPTER 9048. EL PASO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 4
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9048.001. DEFINITION
Sec. 9048.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 9048.003. DISTRICT TERRITORY
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9048.051. GENERAL POWERS AND DUTIES
Sec. 9048.052. POWERS RELATING TO SANITARY SEWER
SYSTEM
SUBCHAPTER C. BONDS
Sec. 9048.101. BOND ELECTION REQUIRED
CHAPTER 9048. EL PASO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 4
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9048.001. DEFINITION. In this chapter, "district"
means the El Paso County Water Control and Improvement District
No. 4. (Acts 54th Leg., R.S., Ch. 58, Sec. 2A(a).)
Sec. 9048.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) Except for property owned by a railroad or public
utility that does not use the facilities of the district, all land
included in the boundaries of the district will be benefited. (Acts
54th Leg., R.S., Ch. 58, Sec. 2 (part).)
Sec. 9048.003. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 1, Chapter 268, Acts
of the 82nd Legislature, Regular Session, 2011, as that territory
may have been modified under:
(1) Subchapter O, Chapter 51, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake made in the field notes or in copying the field
notes in the legislative process does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district. (Acts
54th Leg., R.S., Ch. 58, Secs. 2A(b), (c); New.)
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9048.051. GENERAL POWERS AND DUTIES. Except as
otherwise provided by this chapter, the district has all the
rights, powers, privileges, and duties, including the control of
storm and flood waters, provided by general law applicable to a
water control and improvement district created under Section 59,
Article XVI, Texas Constitution, including Chapters 49 and 51,
Water Code. (Acts 54th Leg., R.S., Ch. 58, Sec. 1 (part), Sec. 3
(part); New.)
Sec. 9048.052. POWERS RELATING TO SANITARY SEWER SYSTEM.
The district may construct, maintain, and operate a sanitary sewer
system. (Acts 54th Leg., R.S., Ch. 58, Sec. 1 (part).)
SUBCHAPTER C. BONDS
Sec. 9048.101. BOND ELECTION REQUIRED. The district may
not issue bonds unless the bonds are authorized by a majority of the
voters of the district voting at an election held for that purpose.
(Acts 54th Leg., R.S., Ch. 58, Sec. 2 (part).)
CHAPTER 9070. FAYETTE COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT-MONUMENT HILL
Sec. 9070.001. DEFINITION
Sec. 9070.002. EXCLUSION OF TERRITORY
Sec. 9070.003. RIGHTS OF BONDHOLDERS
Sec. 9070.004. TAX LIABILITY OF EXCLUDED TERRITORY
CHAPTER 9070. FAYETTE COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT-MONUMENT HILL
Sec. 9070.001. DEFINITION. In this chapter, "district"
means the Fayette County Water Control and Improvement
District-Monument Hill. (Acts 72nd Leg., R.S., Ch. 316, Sec. 1.)
Sec. 9070.002. EXCLUSION OF TERRITORY. The boundaries of
the district exclude the approximately 100 acres of territory
previously included in the district that are located across
Buckners Creek from the district. (Acts 72nd Leg., R.S., Ch. 316,
Sec. 2.)
Sec. 9070.003. RIGHTS OF BONDHOLDERS. The exclusion of
territory under this chapter does not diminish or impair the rights
of the holders of any outstanding and unpaid bonds, warrants, or
other certificates of indebtedness of the district. (Acts 72nd
Leg., R.S., Ch. 316, Sec. 3.)
Sec. 9070.004. TAX LIABILITY OF EXCLUDED TERRITORY. (a)
Territory excluded from the district under Section 9070.002 is not
released from the payment of its pro rata share of the district's
debt.
(b) The district shall continue to impose taxes each year on
the excluded territory at the same rate imposed on other district
property until the taxes collected from the excluded territory
equal its pro rata share of the district's debt at the time the
territory was excluded. The taxes collected shall be applied
exclusively to the payment of the excluded territory's pro rata
share of the debt.
(c) The owner of all or part of the excluded territory may
pay in full, at any time, the owner's share of the pro rata share of
the district's debt. (Acts 72nd Leg., R.S., Ch. 316, Sec. 4.)
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Section 1, Chapter 498, Acts of the 54th
Legislature, Regular Session, 1955, is amended to read as follows:
Sec. 1. The [creation and establishment of] North Plains
Groundwater Conservation District is[,] composed of lands and
territories situated within all or a portion of the Texas Counties
of Dallam, Hansford, Hartley, Hutchinson, Lipscomb, Moore,
Ochiltree and Sherman, the boundaries of said District being
described by metes and bounds in order canvassing returns and
declaring results of confirmation election, dated January 27, 1955,
recorded in Volume 1, Page 53, of the Ground Water Conservation
Records of Ochiltree County, Texas, and recorded in Volume 119,
Page 21 of the Deed Records of Ochiltree County, Texas[, to which
reference is here made for a more complete description, and which is
incorporated herein by reference the same as if copied herein in
full, is hereby ratified, confirmed and validated. All acts of the
Board of Water Engineers of the State of Texas in regard to the
designation of Subdivision Number Two, of the Groundwater Reservoir
in the Ogallala Formation, North of the Canadian River in Texas,
dated August 16, 1954, in regard to the creation and establishing of
said District, and the appointment of seven (7) directors, and all
acts of the Board of Directors of said District in regard to the
creation and establishment of said District and in regard to
levying and collecting ad valorem taxes by said District are in all
things ratified, confirmed and validated, and said District,
composed of the land and territory described above, is hereby
declared to have been fully and duly created and established and
authorized to collect ad valorem taxes from and after the
confirmation and tax elections held within said District on January
21, 1955].
ARTICLE 3. REPEALERS
SECTION 3.01. The following statutes are repealed:
(1) Chapter 46, Acts of the 54th Legislature, Regular
Session, 1955;
(2) Chapter 1168, Acts of the 71st Legislature,
Regular Session, 1989;
(3) Chapter 21, Acts of the 68th Legislature, Regular
Session, 1983;
(4) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, 18, 19, 20, 21, and 22, Chapter 141, Acts of the 54th
Legislature, Regular Session, 1955;
(5) Sections 1, 2(c), 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16A, 16B, 16C, 16D, 16E, 16F, and 16G, Chapter 1081,
Acts of the 68th Legislature, Regular Session, 1983;
(6) Sections 3, 4, 5, and 6, Chapter 600, Acts of the
70th Legislature, Regular Session, 1987;
(7) Chapter 318, Acts of the 72nd Legislature, Regular
Session, 1991;
(8) Chapter 1200, Acts of the 75th Legislature,
Regular Session, 1997;
(9) Chapter 350, Acts of the 81st Legislature, Regular
Session, 2009;
(10) Chapter 524, Acts of the 71st Legislature,
Regular Session, 1989;
(11) Chapter 22, Acts of the 77th Legislature, Regular
Session, 2001;
(12) Chapter 64, Acts of the 81st Legislature, Regular
Session, 2009;
(13) Sections 1, 1A, 2, 4, 5, 6, 7, 8, 9, 10A, 10B, 11,
and 12, Chapter 712, Acts of the 71st Legislature, Regular Session,
1989;
(14) Chapter 1123, Acts of the 80th Legislature,
Regular Session, 2007;
(15) Chapter 368, Acts of the 74th Legislature,
Regular Session, 1995;
(16) Chapter 658, Acts of the 82nd Legislature,
Regular Session, 2011;
(17) Chapter 669, Acts of the 71st Legislature,
Regular Session, 1989;
(18) Chapter 673, Acts of the 71st Legislature,
Regular Session, 1989;
(19) Chapter 653, Acts of the 71st Legislature,
Regular Session, 1989;
(20) Chapter 879, Acts of the 81st Legislature,
Regular Session, 2009;
(21) Chapter 519, Acts of the 71st Legislature,
Regular Session, 1989;
(22) Chapter 1173, Acts of the 79th Legislature,
Regular Session, 2005;
(23) Chapter 46, Acts of the 72nd Legislature, Regular
Session, 1991;
(24) Chapter 377, Acts of the 69th Legislature,
Regular Session, 1985;
(25) Chapter 757, Acts of the 72nd Legislature,
Regular Session, 1991;
(26) Sections 1A, 2, 3, 4, 4a, and 5, Chapter 498, Acts
of the 54th Legislature, Regular Session, 1955;
(27) Chapter 760, Acts of the 68th Legislature,
Regular Session, 1983;
(28) Chapter 63, Acts of the 69th Legislature, Regular
Session, 1985;
(29) Sections 2, 3, 4, and 5, Chapter 1152, Acts of the
76th Legislature, Regular Session, 1999;
(30) Chapter 644, Acts of the 84th Legislature,
Regular Session, 2015;
(31) Sections 1.01, 1.02, 1.03(d), 1.03(f), 1.03(g),
1.03(h), 1.045, 1.05, and 1.06, Chapter 1029, Acts of the 76th
Legislature, Regular Session, 1999;
(32) Articles 2, 3, 4, 5, and 6, Chapter 1029, Acts of
the 76th Legislature, Regular Session, 1999;
(33) Chapter 232, Acts of the 77th Legislature,
Regular Session, 2001;
(34) Article 12, Chapter 966, Acts of the 77th
Legislature, Regular Session, 2001;
(35) Section 13.04, Chapter 966, Acts of the 77th
Legislature, Regular Session, 2001;
(36) Sections 1, 3, 4, 5, 6, and 7, Chapter 1296, Acts
of the 77th Legislature, Regular Session, 2001;
(37) Sections 39 and 40, Chapter 1423, Acts of the 77th
Legislature, Regular Session, 2001;
(38) Chapter 381, Acts of the 78th Legislature,
Regular Session, 2003;
(39) Section 2, Chapter 271, Acts of the 79th
Legislature, Regular Session, 2005;
(40) Sections 2, 3, 4, 5, and 7, Chapter 321, Acts of
the 82nd Legislature, Regular Session, 2011;
(41) Chapter 723, Acts of the 83rd Legislature,
Regular Session, 2013;
(42) Chapter 1343, Acts of the 79th Legislature,
Regular Session, 2005;
(43) Section 199, Chapter 1163, Acts of the 82nd
Legislature, Regular Session, 2011;
(44) Sections 1, 2, 2A(a), 2A(b), 2A(c), 3, and 4,
Chapter 58, Acts of the 54th Legislature, Regular Session, 1955;
(45) Chapter 491, Acts of the 54th Legislature,
Regular Session, 1955;
(46) Section 2, Chapter 268, Acts of the 82nd
Legislature, Regular Session, 2011;
(47) Chapter 316, Acts of the 72nd Legislature,
Regular Session, 1991; and
(48) Sections 2, 3, 6, 7, 8, 9, 10, 11, 13, and 14,
Chapter 1196, Acts of the 84th Legislature, Regular Session, 2015.
ARTICLE 4. GENERAL MATTERS
SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
This Act is enacted under Section 43, Article III, Texas
Constitution. This Act is intended as a codification only, and no
substantive change in the law is intended by this Act. This Act
does not increase or decrease the territory of any special district
of the state as those boundaries exist on the effective date of this
Act.
SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS
LAW. (a) The repeal of a law, including a validating law, by this
Act does not remove, void, or otherwise affect in any manner a
validation under the repealed law. The validation is preserved and
continues to have the same effect that it would have if the law were
not repealed.
(b) Subsection (a) of this section does not diminish the
saving provisions prescribed by Section 311.031, Government Code.
SECTION 4.03. EFFECTIVE DATE. This Act takes effect April
1, 2019.
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