Texas 2019 - 86th Regular

Texas House Bill HB4172 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4172
	1	+	86R22163 JXC-D
	2	+	By: Leach H.B. No. 4172
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the nonsubstantive revision of certain local laws
6	8		concerning water and wastewater special districts, including
7	9		conforming amendments.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
10	12		SECTION 1.01. NAVIGATION DISTRICTS AND PORT AUTHORITIES.
11	13		Subtitle A, Title 5, Special District Local Laws Code, is amended by adding Chapters 5012, 5016, 5018, and 5019 to read as follows:
12	14		CHAPTER 5012. SABINE PASS PORT AUTHORITY
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 5012.0001. DEFINITIONS
15	17		Sec. 5012.0002. LEGISLATIVE FINDINGS OF PURPOSE AND
16	18		BENEFIT
17	19		Sec. 5012.0003. AUTHORITY TERRITORY
18	20		SUBCHAPTER B. AUTHORITY ADMINISTRATION
19	21		Sec. 5012.0051. COMMISSION; TERMS; ELECTION
20	22		Sec. 5012.0052. QUALIFICATIONS FOR OFFICE
21	23		Sec. 5012.0053. NOTICE OF COMMISSIONERS' ELECTION
22	24		Sec. 5012.0054. ELECTION RESULTS
23	25		Sec. 5012.0055. COMMISSIONERS' OATH AND BOND
24	26		Sec. 5012.0056. VOTING REQUIREMENT
25	27		Sec. 5012.0057. OFFICERS
26	28		Sec. 5012.0058. COMPENSATION OF COMMISSIONERS;
27	29		EXPENSES
28	30		SUBCHAPTER C. POWERS AND DUTIES
29	31		Sec. 5012.0101. GENERAL POWERS
30	32		Sec. 5012.0102. POWERS REGARDING PORTS, WATERWAYS, AND
31	33		FACILITIES
32	34		Sec. 5012.0103. BYLAWS AND RULES
33	35		Sec. 5012.0104. GIFT OR PURCHASE OF PROPERTY
34	36		Sec. 5012.0105. EMINENT DOMAIN
35	37		Sec. 5012.0106. LEASE OF AUTHORITY FACILITIES
36	38		Sec. 5012.0107. SALE OF SURPLUS PROPERTY
37	39		Sec. 5012.0108. GENERAL AUTHORITY TO MAKE CONTRACTS
38	40		AND EXECUTE INSTRUMENTS
39	41		Sec. 5012.0109. COMPETITIVE BIDDING FOR CERTAIN
40	42		CONTRACTS
41	43		Sec. 5012.0110. OFFICERS, AGENTS, AND EMPLOYEES
42	44		Sec. 5012.0111. SEAL
43	45		Sec. 5012.0112. AUTHORITY TO SUE AND BE SUED
44	46		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
45	47		Sec. 5012.0151. MAINTENANCE AND OPERATIONS TAX
46	48		Sec. 5012.0152. TAX ASSESSOR AND COLLECTOR
47	49		Sec. 5012.0153. AUTHORITY TO BORROW MONEY, ACCEPT
48	50		GRANTS, AND ISSUE ASSOCIATED REVENUE
49	51		BONDS
50	52		Sec. 5012.0154. AUTHORITY TO BORROW MONEY FOR CURRENT
51	53		EXPENSES; EVIDENCE OF OBLIGATION
52	54		SUBCHAPTER E. BONDS
53	55		Sec. 5012.0201. AUTHORITY TO ISSUE BONDS; ELECTION
54	56		Sec. 5012.0202. FORM OF BONDS
55	57		Sec. 5012.0203. TERMS OF ISSUANCE
56	58		Sec. 5012.0204. DEPOSIT OF PROCEEDS
57	59		Sec. 5012.0205. RESOLUTION PROVISIONS
58	60		Sec. 5012.0206. BOND ANTICIPATION NOTES
59	61		Sec. 5012.0207. REFUNDING BONDS
60	62		CHAPTER 5012. SABINE PASS PORT AUTHORITY
61	63		SUBCHAPTER A. GENERAL PROVISIONS
62	64		Sec. 5012.0001. DEFINITIONS. In this chapter:
63	65		(1) "Authority" means the Sabine Pass Port Authority.
64	66		(2) "Commission" means the authority's port
65	67		commission.
66	68		(3) "Commissioner" means a commission member. (Acts
67	69		63rd Leg., R.S., Ch. 379, Secs. 1 (part), 2 (part).)
68	70		Sec. 5012.0002. LEGISLATIVE FINDINGS OF PURPOSE AND
69	71		BENEFIT. (a) The authority is a port district essential to
70	72		accomplish the purposes of Section 59, Article XVI, Texas
71	73		Constitution.
72	74		(b) All territory in the authority benefits from the
73	75		authority's improvements, works, and facilities. (Acts 63rd Leg.,
74	76		R.S., Ch. 379, Sec. 1 (part).)
75	77		Sec. 5012.0003. AUTHORITY TERRITORY. The authority is
76	78		composed of the territory in Jefferson County described by Section
77	79		1, Chapter 379, Acts of the 63rd Legislature, 1973, as that
78	80		territory may have been modified under:
79	81		(1) Subchapter H, Chapter 62, Water Code; or
80	82		(2) other law. (Acts 63rd Leg., R.S., Ch. 379, Sec. 1
81	83		(part); New.)
82	84		SUBCHAPTER B. AUTHORITY ADMINISTRATION
83	85		Sec. 5012.0051. COMMISSION; TERMS; ELECTION. (a) The
84	86		authority is governed by a commission composed of five elected
85	87		commissioners.
86	88		(b) Commissioners serve staggered two-year terms, with two
87	89		commissioners elected in each even-numbered year and three
88	90		commissioners elected in each odd-numbered year.
89	91		(c) The commission:
90	92		(1) is the authority's governing body; and
91	93		(2) has the powers conferred on navigation and canal
92	94		commissioners of navigation districts and the commissioners court
93	95		by the Water Code. (Acts 63rd Leg., R.S., Ch. 379, Secs. 2(2)
94	96		(part), 4 (part), 5 (part).)
95	97		Sec. 5012.0052. QUALIFICATIONS FOR OFFICE. Each
96	98		commissioner must:
97	99		(1) be a resident of the authority;
98	100		(2) own taxable property in the authority; and
99	101		(3) be a qualified voter. (Acts 63rd Leg., R.S., Ch.
100	102		379, Sec. 4 (part).)
101	103		Sec. 5012.0053. NOTICE OF COMMISSIONERS' ELECTION. Notice
102	104		of a commissioner's election shall be given by publishing notice
103	105		once each week for two consecutive weeks in a newspaper with general
104	106		circulation in the authority, with the first publication being made
105	107		not earlier than the 60th day before the date of the election, and
106	108		not later than the 21st day before the date of the election. (Acts
107	109		63rd Leg., R.S., Ch. 379, Sec. 5 (part).)
108	110		Sec. 5012.0054. ELECTION RESULTS. As soon as practicable
109	111		after each election held by the authority, the commission shall
110	112		declare the results of the election. (Acts 63rd Leg., R.S., Ch.
111	113		379, Sec. 6 (part).)
112	114		Sec. 5012.0055. COMMISSIONERS' OATH AND BOND. (a) Each
113	115		commissioner shall:
114	116		(1) take an oath of office that contains the
115	117		applicable provisions provided by law for members of the
116	118		commissioners court; and
117	119		(2) execute a bond for $10,000 payable to the
118	120		authority, conditioned on the faithful performance of the
119	121		commissioner's duties as a commissioner.
120	122		(b) A commissioner's bond must be approved by the
121	123		commission. (Acts 63rd Leg., R.S., Ch. 379, Sec. 6 (part).)
122	124		Sec. 5012.0056. VOTING REQUIREMENT. The concurrence of a
123	125		majority of the commissioners present at a meeting where a quorum is
124	126		present is sufficient in any matter relating to authority business.
125	127		(Acts 63rd Leg., R.S., Ch. 379, Sec. 6 (part).)
126	128		Sec. 5012.0057. OFFICERS. (a) As soon as practicable after
127	129		each election of commissioners, the commission shall elect one
128	130		commissioner presiding officer and one commissioner secretary.
129	131		(b) The presiding officer shall preside at commission
130	132		meetings.
131	133		(c) The secretary shall be responsible for maintaining and
132	134		preserving the minutes, records, and other documents of the
133	135		authority.
134	136		(d) The commission may select other officers and prescribe
135	137		their duties. (Acts 63rd Leg., R.S., Ch. 379, Sec. 6 (part).)
136	138		Sec. 5012.0058. COMPENSATION OF COMMISSIONERS; EXPENSES.
137	139		(a) Unless otherwise provided, each commissioner is entitled to
138	140		receive a fee of not more than $50 a day for each day of service
139	141		necessary to discharge the duties of a commissioner.
140	142		(b) Each commissioner is entitled to reimbursement for
141	143		actual expenses incurred on behalf of the authority and approved by
142	144		the commission. (Acts 63rd Leg., R.S., Ch. 379, Sec. 6 (part).)
143	145		SUBCHAPTER C. POWERS AND DUTIES
144	146		Sec. 5012.0101. GENERAL POWERS. The authority may
145	147		exercise:
146	148		(1) the rights, privileges, and functions provided by
147	149		this chapter; and
148	150		(2) all powers, rights, privileges, and functions
149	151		conferred by Chapters 60 and 62, Water Code. (Acts 63rd Leg., R.S.,
150	152		Ch. 379, Secs. 1 (part), 3 (part).)
151	153		Sec. 5012.0102. POWERS REGARDING PORTS, WATERWAYS, AND
152	154		FACILITIES. The authority may:
153	155		(1) acquire, take over, construct, maintain, repair,
154	156		operate, develop, and regulate wharves, docks, warehouses, grain
155	157		elevators, ship repair facilities, belt railways, lands, and all
156	158		other facilities or aids consistent with or necessary for the
157	159		operation or development of ports, waterways, or maritime commerce
158	160		inside or outside the authority's boundaries; and
159	161		(2) construct, extend, improve, repair, maintain,
160	162		reconstruct, own, use, and operate any facility necessary or
161	163		convenient to the exercise of such powers, rights, privileges, and
162	164		functions granted by this chapter. (Acts 63rd Leg., R.S., Ch. 379,
163	165		Sec. 3 (part).)
164	166		Sec. 5012.0103. BYLAWS AND RULES. The authority may adopt
165	167		bylaws and rules for the management and regulation of its affairs.
166	168		(Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).)
167	169		Sec. 5012.0104. GIFT OR PURCHASE OF PROPERTY. The
168	170		authority by gift or purchase may acquire any property or any
169	171		interest in property that is:
170	172		(1) inside or outside the authority's boundaries; and
171	173		(2) necessary or convenient to exercising a power,
172	174		right, privilege, or function conferred on the authority by this
173	175		chapter. (Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).)
174	176		Sec. 5012.0105. EMINENT DOMAIN. (a) To exercise a power
175	177		provided by law, the authority may exercise the power of eminent
176	178		domain to acquire any property and any interest in property inside
177	179		the authority's boundaries. The authority must exercise the power
178	180		of eminent domain in the manner provided by Chapter 21, Property
179	181		Code.
180	182		(b) The authority is a municipal corporation for the
181	183		purposes of Section 21.021, Property Code.
182	184		(c) The authority is not required to give bond for appeal or
183	185		bond for costs in any judicial proceeding related to the
184	186		authority's exercise of eminent domain.
185	187		(d) The authority's authority to exercise the power of
186	188		eminent domain expired on September 1, 2013, unless the authority
187	189		submitted a letter to the comptroller in accordance with Section
188	190		2206.101(b), Government Code, not later than December 31, 2012.
189	191		(Acts 63rd Leg., R.S., Ch. 379, Secs. 3 (part), 11; New.)
190	192		Sec. 5012.0106. LEASE OF AUTHORITY FACILITIES. A lease
191	193		under Section 60.101, Water Code, may contain any provision the
192	194		commission determines is advantageous to the authority, including a
193	195		provision for:
194	196		(1) the sale of a leased property at the termination of
195	197		the lease; and
196	198		(2) the management and operation of a leased property
197	199		by the lessee. (Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).)
198	200		Sec. 5012.0107. SALE OF SURPLUS PROPERTY. The commission
199	201		may order authority property sold as provided in Section 60.101,
200	202		Water Code, if the property is not considered reasonably required
201	203		to carry out the authority's plans. (Acts 63rd Leg., R.S., Ch. 379,
202	204		Sec. 3 (part).)
203	205		Sec. 5012.0108. GENERAL AUTHORITY TO MAKE CONTRACTS AND
204	206		EXECUTE INSTRUMENTS. The authority may make a contract or execute
205	207		an instrument necessary or convenient to exercising a power, right,
206	208		privilege, or function conferred on the authority by this chapter.
207	209		(Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).)
208	210		Sec. 5012.0109. COMPETITIVE BIDDING FOR CERTAIN CONTRACTS.
209	211		(a) Before the commission enters into a contract for the
210	212		expenditure of an amount of $25,000 or more, the authority shall
211	213		submit the proposed contract for competitive bids as provided by
212	214		this section.
213	215		(b) The commission shall publish notice of the time and
214	216		place for the opening of sealed bids on a contract described by
215	217		Subsection (a) in one or more newspapers of general circulation in
216	218		this state, one of which must be a newspaper published in Jefferson
217	219		County. The notice must be published once a week for two
218	220		consecutive weeks, with the first publication being made not later
219	221		than the 14th day before the date set for the opening of bids.
220	222		(c) The commission may reject any bid submitted under this
221	223		section, but if the commission accepts a bid, the bid must be the
222	224		lowest and best bid received.
223	225		(d) This section does not apply to:
224	226		(1) improvements performed by the United States;
225	227		(2) emergencies that require immediate action to
226	228		protect persons or property;
227	229		(3) necessary emergency repairs to authority
228	230		property; or
229	231		(4) contracts for personal or professional services or
230	232		work done by the authority and paid for by the day as the work
231	233		progresses. (Acts 63rd Leg., R.S., Ch. 379, Sec. 9.)
232	234		Sec. 5012.0110. OFFICERS, AGENTS, AND EMPLOYEES. The
233	235		authority may employ, prescribe the duties of, and set the
234	236		compensation of officers, agents, and employees. (Acts 63rd Leg.,
235	237		R.S., Ch. 379, Sec. 3 (part).)
236	238		Sec. 5012.0111. SEAL. The authority may adopt and use a
237	239		corporate seal. (Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).)
238	240		Sec. 5012.0112. AUTHORITY TO SUE AND BE SUED. The authority
239	241		may sue and be sued in its corporate name. (Acts 63rd Leg., R.S.,
240	242		Ch. 379, Sec. 3 (part).)
241	243		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
242	244		Sec. 5012.0151. MAINTENANCE AND OPERATIONS TAX. The
243	245		commission may impose an annual tax for the maintenance and
244	246		operation of the authority and the authority's improvements at a
245	247		rate not to exceed 20 cents for each $100 valuation of taxable
246	248		property in the authority. (Acts 63rd Leg., R.S., Ch. 379, Sec. 10
247	249		(part).)
248	250		Sec. 5012.0152. TAX ASSESSOR AND COLLECTOR. (a) The
249	251		commission shall appoint a tax assessor and collector.
250	252		(b) The tax assessor and collector shall execute a bond in
251	253		an amount set by the commission that is:
252	254		(1) at least twice the average daily balance of the
253	255		authority in its depository for the preceding year; and
254	256		(2) not more than the estimated amount of revenues of
255	257		the authority for any year. (Acts 63rd Leg., R.S., Ch. 379, Sec.
256	258		7.)
257	259		Sec. 5012.0153. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS,
258	260		AND ISSUE ASSOCIATED REVENUE BONDS. The authority may:
259	261		(1) borrow money for the authority's corporate
260	262		purposes consistent with the constitution, this chapter, and
261	263		Chapters 60-63, Water Code;
262	264		(2) borrow money or accept a grant from the United
263	265		States or from a corporation or agency created or designated by the
264	266		United States and, in connection with the loan or grant, enter into
265	267		any agreement the United States or the corporation or agency may
266	268		require; and
267	269		(3) make and issue bonds for money borrowed, in the
268	270		manner provided by this chapter. (Acts 63rd Leg., R.S., Ch. 379,
269	271		Sec. 3 (part).)
270	272		Sec. 5012.0154. AUTHORITY TO BORROW MONEY FOR CURRENT
271	273		EXPENSES; EVIDENCE OF OBLIGATION. (a) The authority may:
272	274		(1) borrow money for current expenses; and
273	275		(2) evidence the borrowed money by warrants.
274	276		(b) The total amount of the warrants may not exceed the
275	277		anticipated revenue. (Acts 63rd Leg., R.S., Ch. 379, Sec. 3
276	278		(part).)
277	279		SUBCHAPTER E. BONDS
278	280		Sec. 5012.0201. AUTHORITY TO ISSUE BONDS; ELECTION. (a)
279	281		The authority may issue bonds for any corporate purpose.
280	282		(b) The authority may issue bonds for a purpose described by
281	283		Section 5012.0102(1) or to acquire necessary or proper lands,
282	284		rights of way, extension or improvements of belt railway lines, or
283	285		construction or improvements of wharves, docks, ship repair
284	286		facilities, or other facilities or aids to navigation.
285	287		(c) The authority may secure bonds issued under Subsection
286	288		(b) by liens on properties acquired, constructed, or improved and
287	289		pledge available revenues as additional security.
288	290		(d) An election to approve the issuance of bonds payable
289	291		from taxes must be held in the manner provided for bond elections
290	292		under Chapter 54, Water Code. (Acts 63rd Leg., R.S., Ch. 379, Secs.
291	293		3 (part), 8 (part).)
292	294		Sec. 5012.0202. FORM OF BONDS. Authority bonds must be:
293	295		(1) issued in the authority's name; and
294	296		(2) signed by the commission's presiding officer.
295	297		(Acts 63rd Leg., R.S., Ch. 379, Sec. 8 (part).)
296	298		Sec. 5012.0203. TERMS OF ISSUANCE. Authority bonds may be:
297	299		(1) sold for cash;
298	300		(2) issued on terms the commission determines in
299	301		exchange for any property, or any interest in property, that the
300	302		commission considers necessary or convenient for the corporate
301	303		purpose for which the bonds are issued; or
302	304		(3) issued in exchange for like principal amounts of
303	305		other obligations of the authority, whether matured or unmatured.
304	306		(Acts 63rd Leg., R.S., Ch. 379, Sec. 8 (part).)
305	307		Sec. 5012.0204. DEPOSIT OF PROCEEDS. The proceeds of sale
306	308		of authority bonds shall be deposited in one or more banks or trust
307	309		companies, and shall be paid out according to the terms on which the
308	310		authority and the purchasers of the bonds agree. (Acts 63rd Leg.,
309	311		R.S., Ch. 379, Sec. 8 (part).)
310	312		Sec. 5012.0205. RESOLUTION PROVISIONS. (a) A resolution
311	313		authorizing bonds may contain provisions approved by the commission
312	314		that are not inconsistent with this chapter, including provisions:
313	315		(1) reserving the right to redeem the bonds or
314	316		requiring the redemption of the bonds, at a time, in an amount, and
315	317		at a price, not to exceed 105 percent of the principal amount of the
316	318		bonds, plus accrued interest;
317	319		(2) providing for the setting aside of sinking funds
318	320		or reserve funds and the regulation and disposition of those funds;
319	321		(3) securing the payment of the principal of and
320	322		interest on the bonds and of the sinking fund or reserve fund
321	323		payments associated with the bonds by pledging:
322	324		(A) all or any part of the gross or net revenue
323	325		subsequently received by the authority with respect to the property
324	326		to be acquired or constructed with the bonds or the proceeds of the
325	327		bonds; or
326	328		(B) all or any part of the gross or net revenue
327	329		subsequently received by the authority from any source;
328	330		(4) securing the payment of the principal of and
329	331		interest on the bonds by pledging taxes;
330	332		(5) prescribing the purposes to which the bonds or any
331	333		bonds subsequently issued, or the proceeds of the bonds, may be
332	334		applied;
333	335		(6) agreeing to set and collect rates and charges
334	336		sufficient to produce revenue adequate to:
335	337		(A) pay all expenses necessary to the operation,
336	338		maintenance, and replacement of and additions to the authority's
337	339		property;
338	340		(B) pay the principal of, and the interest and
339	341		premium, if any, on bonds issued under this chapter when the bonds
340	342		become due and payable;
341	343		(C) pay all sinking fund or reserve fund payments
342	344		for those bonds out of those revenues as and when they become due
343	345		and payable;
344	346		(D) fulfill the terms of any agreements made with
345	347		the holders of the bonds or with any person on their behalf; and
346	348		(E) discharge all other lawful obligations of the
347	349		authority as and when the obligations become due;
348	350		(7) prescribing limitations on the issuance of
349	351		additional bonds and subordinate lien bonds and on the agreements
350	352		that may be made with the purchasers and successive holders of those
351	353		bonds;
352	354		(8) regarding the construction, extension,
353	355		improvement, reconstruction, operation, maintenance, and repair of
354	356		the authority's properties and the carrying of insurance on all or
355	357		any part of those properties covering loss, damage, or loss of use
356	358		and occupancy resulting from specified risks;
357	359		(9) setting the procedure by which the authority may
358	360		change the terms of a contract with the bondholders, the amount of
359	361		bonds the holders of which must consent to that change, and the
360	362		manner in which the consent may be given; and
361	363		(10) providing for the execution and delivery by the
362	364		authority to a bank or trust company authorized by law to accept
363	365		trusts, or to the United States or any officer of the United States,
364	366		of indentures and agreements for the benefit of the bondholders
365	367		setting forth any of the agreements authorized by this chapter to be
366	368		made with or for the benefit of the bondholders and any other
367	369		provisions that are customary in such indentures or agreements.
368	370		(b) A provision authorized by this section that is contained
369	371		in a bond resolution is part of the contract between the authority
370	372		and the bondholders. (Acts 63rd Leg., R.S., Ch. 379, Sec. 8 (part).)
371	373		Sec. 5012.0206. BOND ANTICIPATION NOTES. (a) The
372	374		commission may declare an emergency because money is not available
373	375		to meet any of the authority's needs, including to pay the principal
374	376		of and interest on authority bonds.
375	377		(b) Bond anticipation notes may bear interest at a rate not
376	378		to exceed 10 percent and must mature not later than one year after
377	379		the date of issuance.
378	380		(c) Bond anticipation notes issued by the authority must be
379	381		taken up with the proceeds of the bonds, or the bonds may be issued
380	382		and delivered in exchange for the bond anticipation notes. (Acts
381	383		63rd Leg., R.S., Ch. 379, Sec. 8 (part).)
382	384		Sec. 5012.0207. REFUNDING BONDS. (a) The authority may
383	385		make and issue bonds for the purpose of refunding or refinancing
384	386		outstanding bonds authorized and issued by the authority under this
385	387		chapter or other law and the interest and any premium on the bonds
386	388		to maturity or on any earlier redemption date specified in the
387	389		resolution authorizing the issuance of the refunding bonds.
388	390		(b) Refunding bonds issued by the authority may:
389	391		(1) be issued to refund more than one series of
390	392		outstanding bonds;
391	393		(2) combine the pledges of the outstanding bonds for
392	394		the security of the refunding bonds; or
393	395		(3) be secured by other or additional revenue.
394	396		(c) The provisions of this chapter regarding the issuance of
395	397		bonds, the terms and provisions of bonds, and the remedies of the
396	398		bondholders apply to refunding bonds issued by the authority.
397	399		(d) The comptroller shall register the refunding bonds
398	400		issued by the authority on the surrender and cancellation of the
399	401		bonds to be refunded.
400	402		(e) Instead of issuing bonds to be registered on the
401	403		surrender and cancellation of the bonds to be refunded, the
402	404		authority, in the resolution authorizing the issuance of refunding
403	405		bonds, may provide for the sale of the refunding bonds and the
404	406		deposit of the proceeds at the places at which the bonds to be
405	407		refunded are payable. In that case, the refunding bonds may be
406	408		issued in an amount sufficient to pay the interest and premium, if
407	409		any, on the bonds to be refunded to the bonds' maturity date or
408	410		specified earlier redemption date, and the comptroller shall
409	411		register the refunding bonds without the concurrent surrender and
410	412		cancellation of the bonds to be refunded.
411	413		(f) The authority may also refund outstanding bonds in the
412	414		manner provided by Chapters 60-63, Water Code. (Acts 63rd Leg., R.S., Ch. 379, Sec. 8 (part).)
413	415		CHAPTER 5016. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,
414	416		TEXAS
415	417		SUBCHAPTER A. GENERAL PROVISIONS
416	418		Sec. 5016.0001. DEFINITIONS
417	419		Sec. 5016.0002. FORMER NAME OF AUTHORITY
418	420		SUBCHAPTER B. PORT COMMISSION
419	421		Sec. 5016.0051. COMPOSITION OF PORT COMMISSION
420	422		Sec. 5016.0052. APPOINTMENT OF PORT COMMISSIONERS;
421	423		TERMS; ELIGIBILITY
422	424		Sec. 5016.0053. FILING OF FINANCIAL STATEMENT BY PORT
423	425		COMMISSIONERS
424	426		SUBCHAPTER C. POWERS AND DUTIES
425	427		Sec. 5016.0101. USE AND DISPOSITION OF NAVAL PROPERTY
426	428		Sec. 5016.0102. ELECTIONS
427	429		Sec. 5016.0103. SECURITY AND LAW ENFORCEMENT
428	430		Sec. 5016.0104. CONTRACTS FOR SECURITY AND LAW
429	431		ENFORCEMENT SERVICES
430	432		CHAPTER 5016. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,
431	433		TEXAS
432	434		SUBCHAPTER A. GENERAL PROVISIONS
433	435		Sec. 5016.0001. DEFINITIONS. In this chapter:
434	436		(1) "Adjacent property" means the approximately 433
435	437		acres that the authority owns in San Patricio County that is bounded
436	438		on the east by the western boundary of the former Naval Station
437	439		Ingleside, on the north by Farm-to-Market Road 1069, on the west by
438	440		the corporate limits of the City of Ingleside on the Bay, and on the
439	441		south by the corporate limits of the City of Ingleside on the Bay
440	442		and the north shoreline of Corpus Christi Bay. The term does not
441	443		include property:
442	444		(A) that the authority purchased from this state
443	445		under former Article 8225, Revised Statutes; or
444	446		(B) that was granted to the authority by this
445	447		state under any general or special law.
446	448		(2) "Authority" means the Port of Corpus Christi
447	449		Authority of Nueces County, Texas.
448	450		(3) "Naval property" means:
449	451		(A) the approximately 576.615 acres of land and
450	452		submerged land in San Patricio and Nueces Counties, improvements,
451	453		and personal property, if any, that reverted to the authority when
452	454		former Naval Station Ingleside closed, other than property that the
453	455		authority purchased from this state under former Article 8225,
454	456		Revised Statutes, or that was granted to the authority by this state
455	457		under any general or special law; and
456	458		(B) the adjacent property.
457	459		(4) "Port commission" means the authority's governing
458	460		body.
459	461		(5) "Port commissioner" means a member of the port
460	462		commission. (Acts 67th Leg., R.S., Ch. 165, Sec. 2; Acts 68th Leg.,
461	463		R.S., Ch. 397, Secs. 1, 1A as added Acts 81st Leg., R.S., Ch. 53.)
462	464		Sec. 5016.0002. FORMER NAME OF AUTHORITY. Before May 20,
463	465		1981, the authority was known as the Nueces County Navigation
464	466		District No. 1. (Acts 67th Leg., R.S., Ch. 165, Sec. 1; New.)
465	467		SUBCHAPTER B. PORT COMMISSION
466	468		Sec. 5016.0051. COMPOSITION OF PORT COMMISSION. The port
467	469		commission is composed of seven port commissioners. (Acts 68th
468	470		Leg., R.S., Ch. 397, Sec. 1A as added Acts 81st Leg., R.S., Ch. 498;
469	471		Acts 78th Leg., R.S., Ch. 1334, Sec. 3 (part).)
470	472		Sec. 5016.0052. APPOINTMENT OF PORT COMMISSIONERS; TERMS;
471	473		ELIGIBILITY. (a) Port commissioners are appointed as follows:
472	474		(1) the Commissioners Court of Nueces County shall
473	475		appoint three port commissioners;
474	476		(2) the city council of the City of Corpus Christi
475	477		shall appoint three port commissioners; and
476	478		(3) the Commissioners Court of San Patricio County
477	479		shall appoint one port commissioner.
478	480		(b) Port commissioners serve staggered three-year terms
479	481		that expire in January.
480	482		(c) A port commissioner may not serve more than four full
481	483		terms.
482	484		(d) A person must have been a resident of Nueces County for
483	485		at least six months to be eligible for appointment to the port
484	486		commission by the Commissioners Court of Nueces County or the city
485	487		council of the City of Corpus Christi.
486	488		(e) Subsections (c) and (d) do not apply to a person serving
487	489		as a port commissioner on June 9, 1995. (Acts 68th Leg., R.S., Ch.
488	490		397, Secs. 2, 3, 4(c), (d); Acts 74th Leg., R.S., Ch. 469, Sec. 2;
489	491		Acts 78th Leg., R.S., Ch. 1334, Sec. 3 (part).)
490	492		Sec. 5016.0053. FILING OF FINANCIAL STATEMENT BY PORT
491	493		COMMISSIONERS. (a) Not later than April 30 of each year, a port
492	494		commissioner shall file with the Texas Ethics Commission a
493	495		financial statement that complies with Sections 572.022-572.024,
494	496		Government Code.
495	497		(b) The filed statement is a public record. (Acts 68th
496	498		Leg., R.S., Ch. 397, Sec. 4A.)
497	499		SUBCHAPTER C. POWERS AND DUTIES
498	500		Sec. 5016.0101. USE AND DISPOSITION OF NAVAL PROPERTY. (a)
499	501		The authority may use naval property in ways that replace and
500	502		enhance the economic benefits generated by the former Naval Station
501	503		Ingleside through diversified activities, including uses to
502	504		foster:
503	505		(1) job creation and retention;
504	506		(2) economic development;
505	507		(3) industry;
506	508		(4) commerce;
507	509		(5) manufacturing;
508	510		(6) housing;
509	511		(7) recreation; and
510	512		(8) infrastructure installation on naval property.
511	513		(b) The port commission may:
512	514		(1) declare any portion of naval property surplus if
513	515		the property is not needed for a navigation-related project; and
514	516		(2) sell or lease the surplus property on terms the
515	517		port commission considers advisable to carry out the purposes of
516	518		this chapter.
517	519		(c) Notwithstanding any other law and subject to the terms
518	520		of this subsection, the authority may sell or lease property
519	521		declared surplus under this section with or without public bidding.
520	522		The authority may not sell naval property declared surplus under
521	523		this section in a private sale for less than the property's fair
522	524		market value. The authority shall obtain an appraisal of the
523	525		surplus property, which is conclusive evidence of the surplus
524	526		property's fair market value.
525	527		(d) The authority may contract with another person for
526	528		assistance in accomplishing the purposes of this section by
527	529		competitive bidding or negotiated contract as the port commission
528	530		considers appropriate, desirable, and in the authority's best
529	531		interests. (Acts 68th Leg., R.S., Ch. 397, Secs. 4B(a), (b), (c),
530	532		(d) as added Acts 81st Leg., R.S., Ch. 498.)
531	533		Sec. 5016.0102. ELECTIONS. An election relating to the
532	534		authority must be held in the authority as a whole and not on a
533	535		county-by-county basis. (Acts 68th Leg., R.S., Ch. 397, Sec. 4B as
534	536		added Acts 81st Leg., R.S., Ch. 53; Acts 78th Leg., R.S., Ch. 1334,
535	537		Sec. 4.)
536	538		Sec. 5016.0103. SECURITY AND LAW ENFORCEMENT. (a) The port
537	539		commission may adopt, amend, repeal, and enforce an ordinance,
538	540		rule, or police regulation necessary to:
539	541		(1) protect, secure, and defend the ship channels and
540	542		waterways in the authority's jurisdiction and facilities served by
541	543		those ship channels and waterways;
542	544		(2) promote the health, safety, and general welfare of
543	545		any person using the ship channels and waterways in the authority's
544	546		jurisdiction; or
545	547		(3) comply with a federal law or regulation or
546	548		implement a directive or standard of the federal government,
547	549		including the United States Department of Homeland Security and the
548	550		United States Coast Guard, relating to securing ship channels and
549	551		waterways and facilities served by ship channels and waterways and
550	552		preventing terrorist attacks on ship channels, waterways,
551	553		associated maritime facilities, and other facilities served by ship
552	554		channels and waterways.
553	555		(b) In the enforcement of an authority ordinance, rule, or
554	556		police regulation, a sheriff, constable, or other licensed peace
555	557		officer or a peace officer employed or appointed by the port
556	558		commission may make arrests, serve criminal warrants, subpoenas, or
557	559		writs, and perform any other service or duty that may be performed
558	560		by any sheriff, constable, or other licensed peace officer in
559	561		enforcing other laws of this state.
560	562		(c) In adopting an ordinance, rule, or police regulation
561	563		under Subsection (a) of this section, the port commission shall
562	564		comply with the procedures provided by Sections 60.074 and 60.075,
563	565		Water Code. (Acts 68th Leg., R.S., Ch. 397, Secs. 4C(a), (b), (c).)
564	566		Sec. 5016.0104. CONTRACTS FOR SECURITY AND LAW ENFORCEMENT
565	567		SERVICES. (a) The authority may enter into an interlocal agreement
566	568		with this state or a county, municipality, or other political
567	569		subdivision of this state to jointly provide, and share the costs
568	570		of, security for the ship channels and waterways in the authority's
569	571		jurisdiction.
570	572		(b) To protect the public interest, the authority may
571	573		contract with a qualified party, including the federal government,
572	574		Nueces County, or San Patricio County, for the provision of law
573	575		enforcement services in all or part of the authority's jurisdiction. (Acts 68th Leg., R.S., Ch. 397, Secs. 4C(d), (e).)
574	576		CHAPTER 5018. ORANGE COUNTY NAVIGATION AND PORT DISTRICT OF ORANGE
575	577		COUNTY, TEXAS
576	578		SUBCHAPTER A. GENERAL PROVISIONS
577	579		Sec. 5018.0001. DEFINITIONS
578	580		Sec. 5018.0002. FINDINGS OF BENEFIT AND PURPOSE
579	581		Sec. 5018.0003. DISTRICT TERRITORY
580	582		Sec. 5018.0004. LIBERAL CONSTRUCTION OF CHAPTER
581	583		SUBCHAPTER B. DISTRICT ADMINISTRATION
582	584		Sec. 5018.0051. BOARD OF COMMISSIONERS; TERM; ELECTION
583	585		Sec. 5018.0052. COMPOSITION OF BOARD; QUALIFICATIONS
584	586		Sec. 5018.0053. POLLING PLACES
585	587		Sec. 5018.0054. COMMISSIONER'S OATH AND BOND
586	588		Sec. 5018.0055. COMPENSATION OF COMMISSIONERS;
587	589		EXPENSES
588	590		Sec. 5018.0056. VACANCIES
589	591		Sec. 5018.0057. OFFICERS AND EMPLOYEES
590	592		Sec. 5018.0058. OFFICER'S OR EMPLOYEE'S SURETY BOND
591	593		Sec. 5018.0059. DISTRICT OFFICE
592	594		Sec. 5018.0060. CONFLICT OF INTEREST; CRIMINAL PENALTY
593	595		SUBCHAPTER C. POWERS AND DUTIES
594	596		Sec. 5018.0101. GENERAL AND NAVIGATION DISTRICT POWERS
595	597		Sec. 5018.0102. POWERS REGARDING WHARVES, DOCKS, AND
596	598		OTHER FACILITIES
597	599		Sec. 5018.0103. LIMITATION ON CERTAIN POWERS
598	600		Sec. 5018.0104. BYLAWS AND RULES
599	601		Sec. 5018.0105. ACQUISITION OF PROPERTY; EMINENT
600	602		DOMAIN; DAMAGES
601	603		Sec. 5018.0106. ACQUISITION OF PROPERTY FROM CITY OF
602	604		ORANGE
603	605		Sec. 5018.0107. GENERAL AUTHORITY TO MAKE CONTRACTS
604	606		AND EXECUTE INSTRUMENTS
605	607		Sec. 5018.0108. AUTHORITY TO SUE AND BE SUED
606	608		Sec. 5018.0109. SEAL
607	609		Sec. 5018.0110. POWERS AND LIMITATIONS REGARDING
608	610		LEVINGSTON ISLAND IN LOUISIANA
609	611		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
610	612		Sec. 5018.0151. DEPOSITORY
611	613		Sec. 5018.0152. ACCOUNTS, CONTRACTS, AND OTHER
612	614		RECORDS; PUBLIC INSPECTION
613	615		Sec. 5018.0153. AUTHORITY TO BORROW MONEY, ACCEPT
614	616		GRANTS, AND ISSUE ASSOCIATED BONDS
615	617		Sec. 5018.0154. AUTHORITY TO BORROW MONEY FOR CURRENT
616	618		EXPENSES; EVIDENCE OF OBLIGATION
617	619		Sec. 5018.0155. AD VALOREM TAX FOR MAINTENANCE AND
618	620		OPERATIONS; ELECTION PROCEDURE
619	621		Sec. 5018.0156. IMPOSITION OF TAXES; TAX
620	622		CERTIFICATION; TAX
621	623		ASSESSOR-COLLECTOR
622	624		SUBCHAPTER E. BONDS
623	625		Sec. 5018.0201. DEFINITION
624	626		Sec. 5018.0202. AUTHORITY TO ISSUE BONDS
625	627		Sec. 5018.0203. ELECTION FOR BONDS PAYABLE FROM AD
626	628		VALOREM TAXES
627	629		Sec. 5018.0204. PROVISIONS OF CERTAIN BOND RESOLUTIONS
628	630		OR ORDERS; AUTHORITY TO ADOPT OR
629	631		EXECUTE OTHER PROCEEDINGS OR
630	632		INSTRUMENTS
631	633		Sec. 5018.0205. FORM OF BONDS
632	634		Sec. 5018.0206. MATURITY
633	635		Sec. 5018.0207. USE OF BOND PROCEEDS
634	636		Sec. 5018.0208. REFUNDING BONDS
635	637		CHAPTER 5018. ORANGE COUNTY NAVIGATION AND PORT DISTRICT OF ORANGE
636	638		COUNTY, TEXAS
637	639		SUBCHAPTER A. GENERAL PROVISIONS
638	640		Sec. 5018.0001. DEFINITIONS. In this chapter:
639	641		(1) "Board" means the district's board of
640	642		commissioners.
641	643		(2) "Commissioner" means a board member.
642	644		(3) "District" means the Orange County Navigation and
643	645		Port District of Orange County, Texas. (Acts 53rd Leg., R.S., Ch.
644	646		370, Sec. 1 (part); New.)
645	647		Sec. 5018.0002. FINDINGS OF BENEFIT AND PURPOSE. (a) The
646	648		creation of the district is essential to accomplish the purposes of
647	649		Section 59, Article XVI, Texas Constitution, including, to the
648	650		extent authorized by this chapter:
649	651		(1) the supervision, maintenance, development,
650	652		extension, and improvement of navigation in the district;
651	653		(2) the maintenance, development, extension, and
652	654		improvement of port facilities and dock facilities in the district;
653	655		and
654	656		(3) the development of the Port of Orange in the
655	657		district.
656	658		(b) The district:
657	659		(1) is essential to the general welfare of this state
658	660		for the development of maritime shipping to and from the state's
659	661		ports;
660	662		(2) is in the interest of national defense, the Port of
661	663		Orange being strategically located on the Gulf Coast with an
662	664		inland-protected harbor and in a rapidly developing industrial area
663	665		in which shipyards and ship-storing basins are located; and
664	666		(3) will result in:
665	667		(A) material benefits and improvements to
666	668		district territory;
667	669		(B) the increase of the taxable value of property
668	670		in the district; and
669	671		(C) material benefit to that part of the state in
670	672		which the district is located.
671	673		(c) All property in the district and in this state will
672	674		benefit from the district and the improvements and facilities
673	675		acquired or constructed under this chapter. (Acts 53rd Leg., R.S.,
674	676		Ch. 370, Sec. 1 (part); Acts 55th Leg., R.S., Ch. 80, Sec. 4.)
675	677		Sec. 5018.0003. DISTRICT TERRITORY. (a) The district's
676	678		boundaries are coextensive with the boundaries of Orange County,
677	679		unless the district's territory has been modified under:
678	680		(1) Section 3 or 3a, Chapter 103, Acts of the 41st
679	681		Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's
680	682		Texas Civil Statutes), before August 30, 1971;
681	683		(2) Subchapter H, Chapter 62, Water Code; or
682	684		(3) other law.
683	685		(b) The district includes all of the property within the
684	686		district's boundaries. (Acts 53rd Leg., R.S., Ch. 370, Sec. 1
685	687		(part); New.)
686	688		Sec. 5018.0004. LIBERAL CONSTRUCTION OF CHAPTER. This
687	689		chapter shall be liberally construed to effect its purposes. (Acts
688	690		53rd Leg., R.S., Ch. 370, Sec. 19.)
689	691		SUBCHAPTER B. DISTRICT ADMINISTRATION
690	692		Sec. 5018.0051. BOARD OF COMMISSIONERS; TERM; ELECTION.
691	693		(a) The district is governed by a board composed of five elected
692	694		commissioners.
693	695		(b) Commissioners serve staggered four-year terms.
694	696		(c) The district shall hold an election in the district on
695	697		the uniform election date in May of each even-numbered year to elect
696	698		commissioners.
697	699		(d) The board has the rights and powers conferred and
698	700		imposed on navigation and canal commissioners and commissioners
699	701		courts by Chapter 62, Water Code. (Acts 53rd Leg., R.S., Ch. 370,
700	702		Secs. 3 (part), 8(a) (part), (c).)
701	703		Sec. 5018.0052. COMPOSITION OF BOARD; QUALIFICATIONS. (a)
702	704		One commissioner must reside in each county commissioners precinct
703	705		of Orange County and one commissioner must reside in the county at
704	706		large.
705	707		(b) Each commissioner must:
706	708		(1) be a qualified voter of the district; and
707	709		(2) own taxable real property located in the district.
708	710		(c) The candidates receiving the highest number of votes
709	711		from each county commissioners precinct and the county at large
710	712		shall be declared elected. (Acts 53rd Leg., R.S., Ch. 370, Secs. 3
711	713		(part), 8(a) (part).)
712	714		Sec. 5018.0053. POLLING PLACES. For all elections held
713	715		under this chapter, the board, in each election order, shall
714	716		designate the number and location of polling places, provided that
715	717		at least one polling place is located in each of the county
716	718		commissioners precincts. (Acts 53rd Leg., R.S., Ch. 370, Sec. 17
717	719		(part).)
718	720		Sec. 5018.0054. COMMISSIONER'S OATH AND BOND. Not later
719	721		than the 10th day after the date of the commissioner's election,
720	722		each commissioner shall:
721	723		(1) take and subscribe an oath of office with
722	724		conditions in the oath as provided by law for members of the county
723	725		commissioners court; and
724	726		(2) enter into a good and sufficient bond in the amount
725	727		of $1,000 payable to the district, conditioned on the faithful
726	728		performance of the commissioner's duties as a commissioner. (Acts
727	729		53rd Leg., R.S., Ch. 370, Sec. 13.)
728	730		Sec. 5018.0055. COMPENSATION OF COMMISSIONERS; EXPENSES.
729	731		(a) At the first meeting after each election, the commissioners by
730	732		order shall set the amount of compensation to be received by a
731	733		commissioner for each day served, not to exceed $600 per year, plus
732	734		actual traveling expenses.
733	735		(b) Each month or as soon as practicable following each
734	736		month, each commissioner shall file with the district's secretary a
735	737		statement showing the amount owed to the commissioner. A check may
736	738		not be issued to the commissioner until the commissioner has filed
737	739		the statement with the secretary. (Acts 53rd Leg., R.S., Ch. 370,
738	740		Sec. 10.)
739	741		Sec. 5018.0056. VACANCIES. (a) A vacancy on the board
740	742		shall be filled by board appointment until the next commissioners'
741	743		election. If the vacant position is not regularly scheduled to be
742	744		filled at that election, the person elected to fill the position
743	745		serves only for the remainder of the unexpired term.
744	746		(b) A person appointed under this section must have the same
745	747		qualifications as a person elected to the board. (Acts 53rd Leg.,
746	748		R.S., Ch. 370, Sec. 8(e).)
747	749		Sec. 5018.0057. OFFICERS AND EMPLOYEES. (a) As soon as
748	750		practicable after each election of commissioners, the board shall
749	751		elect a president, vice president, and secretary and treasurer.
750	752		(b) The board may:
751	753		(1) employ a port director and other officers as
752	754		required to manage and operate the district and, subject to the
753	755		board's orders, delegate that authority;
754	756		(2) employ and prescribe the duties of officers,
755	757		agents, and employees;
756	758		(3) set the compensation of officers, agents, and
757	759		employees; and
758	760		(4) remove any employee. (Acts 53rd Leg., R.S., Ch.
759	761		370, Secs. 2 (part), 7, 11 (part).)
760	762		Sec. 5018.0058. OFFICER'S OR EMPLOYEE'S SURETY BOND. (a) A
761	763		bond required of a district officer or employee must be executed by
762	764		a surety company authorized to do business in this state as surety
763	765		on the bond.
764	766		(b) The district may pay the premium on the bond. (Acts 53rd
765	767		Leg., R.S., Ch. 370, Sec. 11 (part).)
766	768		Sec. 5018.0059. DISTRICT OFFICE. A regular office shall be
767	769		established and maintained for conducting district business in the
768	770		district's territory. (Acts 53rd Leg., R.S., Ch. 370, Sec. 9
769	771		(part).)
770	772		Sec. 5018.0060. CONFLICT OF INTEREST; CRIMINAL PENALTY.
771	773		(a) A district commissioner, engineer, or employee, personally or
772	774		as an agent for another person, may not benefit directly or
773	775		indirectly from a sale, purchase, or contract entered into by the
774	776		board.
775	777		(b) A person commits an offense if the person violates this
776	778		section. An offense under this subsection is a misdemeanor
777	779		punishable by:
778	780		(1) a fine not to exceed $1,000;
779	781		(2) confinement in the county jail for not less than
780	782		six months or more than one year; or
781	783		(3) both the fine and confinement. (Acts 53rd Leg.,
782	784		R.S., Ch. 370, Sec. 11 (part).)
783	785		SUBCHAPTER C. POWERS AND DUTIES
784	786		Sec. 5018.0101. GENERAL AND NAVIGATION DISTRICT POWERS.
785	787		The district has:
786	788		(1) the powers of government and the authority to
787	789		exercise the rights, privileges, and functions specified by this
788	790		chapter; and
789	791		(2) all powers, rights, privileges, and functions
790	792		conferred by general law, including Chapter 62, Water Code, on any
791	793		navigation district created or operating under Section 59, Article
792	794		XVI, Texas Constitution. (Acts 53rd Leg., R.S., Ch. 370, Secs. 1
793	795		(part), 2 (part), 3 (part).)
794	796		Sec. 5018.0102. POWERS REGARDING WHARVES, DOCKS, AND OTHER
795	797		FACILITIES. The district may:
796	798		(1) acquire, take over, construct, maintain, repair,
797	799		operate, develop, and regulate wharves, docks, warehouses, grain
798	800		elevators, dumping facilities, belt railways, lands, and other
799	801		facilities or aids consistent with or necessary to the operation or
800	802		development of ports or waterways in the district; and
801	803		(2) construct, extend, improve, repair, maintain, and
802	804		reconstruct, cause to be constructed, extended, improved,
803	805		repaired, maintained, and reconstructed, and own, rent, lease, use,
804	806		and operate any facility of any kind necessary or convenient to the
805	807		exercise of the powers, rights, privileges, and functions granted
806	808		by this chapter. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2 (part).)
807	809		Sec. 5018.0103. LIMITATION ON CERTAIN POWERS. This chapter
808	810		may not be construed as granting the district or the board any power
809	811		over the appointment, operations, or conduct of:
810	812		(1) a branch pilot appointed under Section 69.037,
811	813		Transportation Code; or
812	814		(2) the board of pilot commissioners described by
813	815		Section 69.011, Transportation Code. (Acts 53rd Leg., R.S., Ch.
814	816		370, Sec. 2(j) (part).)
815	817		Sec. 5018.0104. BYLAWS AND RULES. The district may adopt
816	818		bylaws and rules to manage and regulate its affairs. (Acts 53rd
817	819		Leg., R.S., Ch. 370, Sec. 2 (part).)
818	820		Sec. 5018.0105. ACQUISITION OF PROPERTY; EMINENT DOMAIN;
819	821		DAMAGES. (a) In this section, "property" means property of any
820	822		kind, including a lighter, a tug, a barge, and other floating
821	823		equipment of any nature.
822	824		(b) If necessary or convenient to exercising a power, right,
823	825		privilege, or function conferred on the district by this chapter,
824	826		the district:
825	827		(1) by gift or purchase may acquire property or an
826	828		interest in property that is inside or outside the district's
827	829		boundaries; or
828	830		(2) by exercising the power of eminent domain may
829	831		acquire property or an interest in property that is inside the
830	832		district's boundaries.
831	833		(c) The district may exercise the power of eminent domain to
832	834		acquire the fee simple title to or an easement or right-of-way over
833	835		and through any land, water, or land under water, private or public,
834	836		in the district that the board determines is necessary or
835	837		convenient to carry out a purpose or power granted to the district
836	838		by this chapter.
837	839		(d) The district must exercise the power of eminent domain
838	840		in the manner provided by Chapter 21, Property Code, except that the
839	841		district is not required to give bond for appeal or bond for costs
840	842		in any judicial proceeding.
841	843		(e) In exercising the power of eminent domain against a
842	844		person that has the power of eminent domain or a receiver or trustee
843	845		for that person, the district may acquire an easement only and not
844	846		the fee simple title.
845	847		(f) A condemnation proceeding is under the board's
846	848		direction and must be in the district's name.
847	849		(g) Except as provided by Subsections (h) and (i), the
848	850		assessment of damages and all procedures with reference to
849	851		condemnation, appeal, and payment must conform to Chapter 21,
850	852		Property Code.
851	853		(h) If the district's exercise of a power granted by this
852	854		chapter makes necessary the relocation of a railroad line or
853	855		right-of-way, the district shall pay the cost of the relocation and
854	856		any damage incurred in changing and adjusting the railroad lines
855	857		and grades.
856	858		(i) The damages to the owner of public utilities and
857	859		communication facilities and properties must include the actual
858	860		loss, costs, and expenses incident to the removal and relocation of
859	861		the facilities and properties, including:
860	862		(1) the costs of installing the facilities in a new
861	863		location;
862	864		(2) the costs of any land or rights or interest in
863	865		land; and
864	866		(3) any other property rights acquired to accomplish
865	867		the removal and relocation.
866	868		(j) The district's authority under this section to exercise
867	869		the power of eminent domain expired on September 1, 2013, unless the
868	870		district submitted a letter to the comptroller in accordance with
869	871		Section 2206.101(b), Government Code, not later than December 31,
870	872		2012. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2 (part); New.)
871	873		Sec. 5018.0106. ACQUISITION OF PROPERTY FROM CITY OF
872	874		ORANGE. (a) The district may acquire from the City of Orange, with
873	875		the consent of the City of Orange as provided by the city's charter,
874	876		the city's port properties, lands, assets, liabilities, contracts,
875	877		improvement plans, money on hand, and facilities acquired by the
876	878		city for port purposes.
877	879		(b) The manner of the acquisition authorized under this
878	880		section must be determined between the City of Orange's city
879	881		commission and the board. (Acts 53rd Leg., R.S., Ch. 370, Sec. 4.)
880	882		Sec. 5018.0107. GENERAL AUTHORITY TO MAKE CONTRACTS AND
881	883		EXECUTE INSTRUMENTS. The district may make a contract or execute an
882	884		instrument necessary or convenient to exercise a power, right,
883	885		privilege, or function granted to the district by this chapter.
884	886		(Acts 53rd Leg., R.S., Ch. 370, Sec. 2 (part).)
885	887		Sec. 5018.0108. AUTHORITY TO SUE AND BE SUED. The district
886	888		may sue and be sued in its corporate name. (Acts 53rd Leg., R.S.,
887	889		Ch. 370, Sec. 2 (part).)
888	890		Sec. 5018.0109. SEAL. The district may adopt and use a
889	891		corporate seal. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2 (part).)
890	892		Sec. 5018.0110. POWERS AND LIMITATIONS REGARDING
891	893		LEVINGSTON ISLAND IN LOUISIANA. (a) On approval by resolution of
892	894		the board, the district may purchase for the district the following
893	895		property: Levingston Island, also known as Harbor Island, located
894	896		in the bend of the Sabine River, opposite the City of Orange and
895	897		located in Calcasieu Parish, Louisiana.
896	898		(b) The property purchased under this section is not
897	899		territory in the district's boundaries. The authority to purchase
898	900		the property described in this section and the purchase of that
899	901		property is not the annexation or attempted annexation of the
900	902		property to the State of Texas from the State of Louisiana.
901	903		(c) The district may:
902	904		(1) provide projects and facilities on the property
903	905		purchased under this section for purposes of economic development
904	906		to benefit the district; and
905	907		(2) issue bonds and other obligations of the district
906	908		secured by the revenue from the projects and facilities provided on
907	909		the property purchased under this section for the purposes of
908	910		constructing, acquiring, and maintaining those projects and
909	911		facilities.
910	912		(d) The district may not impose ad valorem taxes in the
911	913		district to finance the projects and facilities provided under this
912	914		section. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2A.)
913	915		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
914	916		Sec. 5018.0151. DEPOSITORY. The board shall select a
915	917		depository or depositories for the district in the manner provided
916	918		by law for the selection of a county depository. (Acts 53rd Leg.,
917	919		R.S., Ch. 370, Sec. 12.)
918	920		Sec. 5018.0152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS;
919	921		PUBLIC INSPECTION. (a) The board shall cause to be kept complete
920	922		and accurate accounts conforming to approved methods of
921	923		bookkeeping.
922	924		(b) The secretary shall:
923	925		(1) keep a true and full account of board meetings and
924	926		proceedings; and
925	927		(2) preserve board minutes, contracts, notices,
926	928		accounts, receipts, and other records in a fireproof vault or safe.
927	929		(c) The records kept and preserved by the secretary under
928	930		Subsection (b) are:
929	931		(1) district property; and
930	932		(2) subject to public inspection. (Acts 53rd Leg.,
931	933		R.S., Ch. 370, Sec. 9 (part).)
932	934		Sec. 5018.0153. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS,
933	935		AND ISSUE ASSOCIATED BONDS. (a) The district may:
934	936		(1) borrow money for any purpose that is provided by:
935	937		(A) this chapter; or
936	938		(B) the general laws relating to navigation
937	939		districts;
938	940		(2) borrow money or accept a grant from the United
939	941		States or from a corporation or agency created or designated by the
940	942		United States and, in connection with the loan or grant, enter into
941	943		any agreement the United States or the corporation or agency
942	944		requires; and
943	945		(3) make and issue bonds for money borrowed, in the
944	946		manner and to the extent provided by this chapter.
945	947		(b) The district may make and issue bonds under Subsection
946	948		(a)(3) that are:
947	949		(1) revenue bonds;
948	950		(2) tax bonds; or
949	951		(3) combination tax-revenue bonds. (Acts 53rd Leg.,
950	952		R.S., Ch. 370, Sec. 2 (part).)
951	953		Sec. 5018.0154. AUTHORITY TO BORROW MONEY FOR CURRENT
952	954		EXPENSES; EVIDENCE OF OBLIGATION. (a) The district may:
953	955		(1) borrow money for current expenses; and
954	956		(2) evidence the borrowed money by warrants payable
955	957		not later than the close of the calendar year for which the loan is
956	958		made.
957	959		(b) The amount of the warrants may not exceed the
958	960		anticipated revenue. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2
959	961		(part).)
960	962		Sec. 5018.0155. AD VALOREM TAX FOR MAINTENANCE AND
961	963		OPERATIONS; ELECTION PROCEDURE. (a) The district may impose an
962	964		annual ad valorem tax at a rate not to exceed 15 cents on each $100
963	965		valuation of taxable property in the district for the maintenance,
964	966		operation, and upkeep of the district and the facilities,
965	967		properties, and improvements constructed or acquired by the
966	968		district.
967	969		(b) Elections may be held to increase, reduce, or abate a
968	970		tax imposed under this section, subject to the limit prescribed by
969	971		Subsection (a).
970	972		(c) A maintenance tax election must be held in the same
971	973		manner as a bond election. (Acts 53rd Leg., R.S., Ch. 370, Secs. 5
972	974		(part), 17 (part).)
973	975		Sec. 5018.0156. IMPOSITION OF TAXES; TAX CERTIFICATION; TAX
974	976		ASSESSOR-COLLECTOR. (a) A tax authorized by this chapter, whether
975	977		for bonds or maintenance purposes, must be imposed by the board.
976	978		(b) Each year, the board shall certify to the Orange County
977	979		tax assessor-collector the rate or rates of tax that the board has
978	980		imposed for bonds and maintenance purposes.
979	981		(c) The Orange County tax assessor-collector shall assess
980	982		and collect taxes imposed by the board in the manner provided by
981	983		Chapter 62, Water Code. (Acts 53rd Leg., R.S., Ch. 370, Sec. 3
982	984		(part).)
983	985		SUBCHAPTER E. BONDS
984	986		Sec. 5018.0201. DEFINITION. In this subchapter, "net
985	987		revenue" means the gross revenue derived from the operation of the
986	988		district's improvements and facilities the income of which is
987	989		pledged to the payment of district bonds less the reasonable
988	990		expense of maintaining and operating those improvements and
989	991		facilities, including necessary repair, upkeep, and insurance
990	992		expenses for those improvements and facilities. (Acts 53rd Leg.,
991	993		R.S., Ch. 370, Sec. 14(a) (part).)
992	994		Sec. 5018.0202. AUTHORITY TO ISSUE BONDS. (a) To provide
993	995		money for any purpose provided by this chapter or another law
994	996		relating to navigation districts, the board may issue bonds
995	997		secured:
996	998		(1) solely by a pledge of and payable from the net
997	999		revenue derived from the operation of all or a designated part of
998	1000		the district's improvements and facilities then in existence or to
999	1001		be constructed or acquired;
1000	1002		(2) by a pledge of and payable from an ad valorem tax
1001	1003		on all taxable property in the district under Section 59, Article
1002	1004		XVI, Texas Constitution; or
1003	1005		(3) by a combination of the methods prescribed under
1004	1006		Subdivisions (1) and (2).
1005	1007		(b) If bonds issued under Subsection (a)(1) are
1006	1008		outstanding, the board shall charge and collect fees, tolls, and
1007	1009		charges sufficient to:
1008	1010		(1) pay all maintenance and operation expenses of the
1009	1011		improvements and facilities, the income of which is pledged;
1010	1012		(2) pay the interest on the bonds as it accrues;
1011	1013		(3) pay the principal of the bonds as it matures; and
1012	1014		(4) make any other payments prescribed in the bond
1013	1015		order or resolution.
1014	1016		(c) If bonds issued under Subsection (a)(2) are
1015	1017		outstanding, the board shall annually impose a tax sufficient to
1016	1018		pay:
1017	1019		(1) the interest on the bonds as it accrues; and
1018	1020		(2) the principal of the bonds as it matures.
1019	1021		(d) If bonds issued under Subsection (a)(3) are
1020	1022		outstanding, the board shall charge and collect fees, tolls, and
1021	1023		charges so that, in the manner prescribed in the bond order or
1022	1024		resolution, the amount of tax to be collected may be reduced or
1023	1025		abated to the extent that the revenue from the operation of the
1024	1026		improvements and facilities, the income of which is pledged, is
1025	1027		sufficient to:
1026	1028		(1) meet the requirements for maintenance and
1027	1029		operation of the improvements and facilities; and
1028	1030		(2) provide money for the bonds as prescribed in the
1029	1031		bond order or resolution.
1030	1032		(e) All district bonds must be authorized by board
1031	1033		resolution or order.
1032	1034		(f) Bonds payable solely from net revenue may be issued
1033	1035		without an election. (Acts 53rd Leg., R.S., Ch. 370, Secs. 14(a)
1034	1036		(part), (b) (part), (c) (part), (e) (part).)
1035	1037		Sec. 5018.0203. ELECTION FOR BONDS PAYABLE FROM AD VALOREM
1036	1038		TAXES. (a) Bonds, other than refunding bonds, payable wholly or
1037	1039		partly from ad valorem taxes may not be issued unless authorized by
1038	1040		an election called by the board at which a majority of the votes
1039	1041		cast favor the bond issuance.
1040	1042		(b) Notice of the election must be given by publishing a
1041	1043		substantial copy of the order calling the election in a newspaper of
1042	1044		general circulation in the district on the same day in each of two
1043	1045		successive weeks. The first publication must be not later than the
1044	1046		14th day before the date of the election. No other notice of the
1045	1047		election is necessary.
1046	1048		(c) If the bonds are to be payable solely from taxes, the
1047	1049		ballot must have printed on it "For the bonds and the levy of taxes
1048	1050		in payment thereof" and the contrary of that proposition.
1049	1051		(d) If the bonds are to be payable both from net revenue and
1050	1052		taxes, the ballot must have printed on it "For the bonds, the pledge
1051	1053		of net revenues, and the levy of taxes adequate to provide for the
1052	1054		payment thereof" and the contrary of that proposition. (Acts 53rd
1053	1055		Leg., R.S., Ch. 370, Secs. 14(b) (part), (e) (part).)
1054	1056		Sec. 5018.0204. PROVISIONS OF CERTAIN BOND RESOLUTIONS OR
1055	1057		ORDERS; AUTHORITY TO ADOPT OR EXECUTE OTHER PROCEEDINGS OR
1056	1058		INSTRUMENTS. (a) In the resolution or order adopted by the board
1057	1059		authorizing the issuance of bonds payable wholly or partly from net
1058	1060		revenue, the board may:
1059	1061		(1) provide for:
1060	1062		(A) the flow of money; and
1061	1063		(B) the establishment and maintenance of an
1062	1064		interest and sinking fund, a reserve fund, and any other funds;
1063	1065		(2) make any additional covenants with respect to the
1064	1066		bonds, the pledged revenue, and the operation, maintenance, and
1065	1067		upkeep of the improvements and facilities the income of which is
1066	1068		pledged, including a provision for the leasing of all or a part of
1067	1069		the improvements and facilities and the use or pledge of money
1068	1070		derived from those leases, as the board considers appropriate;
1069	1071		(3) prohibit the further issuance of bonds or other
1070	1072		obligations payable from the pledged net revenue;
1071	1073		(4) reserve the right to issue additional bonds to be
1072	1074		secured by a pledge of and payable from the net revenue on a parity
1073	1075		with, or subordinate to, the lien and pledge in support of the bonds
1074	1076		being issued, subject to any conditions provided by the resolution
1075	1077		or order; or
1076	1078		(5) include any other provision or covenant, as
1077	1079		determined by the board, that is not prohibited by the Texas
1078	1080		Constitution or this chapter.
1079	1081		(b) The board may adopt and execute any other proceeding or
1080	1082		instrument necessary or convenient to issue the bonds. (Acts 53rd
1081	1083		Leg., R.S., Ch. 370, Sec. 14(a) (part).)
1082	1084		Sec. 5018.0205. FORM OF BONDS. District bonds must be:
1083	1085		(1) issued in the district's name;
1084	1086		(2) signed by the president; and
1085	1087		(3) attested by the secretary. (Acts 53rd Leg., R.S.,
1086	1088		Ch. 370, Sec. 14(c) (part).)
1087	1089		Sec. 5018.0206. MATURITY. District bonds must mature not
1088	1090		later than 40 years after the date of their issuance. (Acts 53rd
1089	1091		Leg., R.S., Ch. 370, Sec. 14(c) (part).)
1090	1092		Sec. 5018.0207. USE OF BOND PROCEEDS. The board may
1091	1093		appropriate or set aside out of the proceeds from the sale of any
1092	1094		district bonds:
1093	1095		(1) an amount for the payment of interest expected to
1094	1096		accrue during the period of construction of the improvements or
1095	1097		facilities; and
1096	1098		(2) an amount necessary to pay all expenses incurred
1097	1099		and to be incurred in the issuance, sale, and delivery of the bonds.
1098	1100		(Acts 53rd Leg., R.S., Ch. 370, Sec. 14(d).)
1099	1101		Sec. 5018.0208. REFUNDING BONDS. (a) The board may issue
1100	1102		refunding bonds of the district to refund any outstanding district
1101	1103		bonds and accrued interest on those bonds.
1102	1104		(b) Refunding bonds may:
1103	1105		(1) as to outstanding bonds payable wholly from taxes,
1104	1106		be issued to refund more than one series or issue of the outstanding
1105	1107		bonds; and
1106	1108		(2) as to outstanding bonds payable wholly or partly
1107	1109		from net revenue:
1108	1110		(A) be issued to refund more than one series or
1109	1111		issue of the outstanding bonds;
1110	1112		(B) combine the pledges for the outstanding bonds
1111	1113		for the security of the refunding bonds; and
1112	1114		(C) be secured by other or additional revenue.
1113	1115		(c) Bonds payable solely from net revenue may not be
1114	1116		refunded into bonds secured by taxes unless the issuance of the
1115	1117		bonds is authorized by a majority of the voters voting at an
1116	1118		election held in the same manner as a bond election.
1117	1119		(d) Refunding under this section may not impair the contract
1118	1120		rights of the holders of any of the outstanding bonds that are not
1119	1121		to be refunded.
1120	1122		(e) Refunding bonds must:
1121	1123		(1) be authorized by a board resolution or order;
1122	1124		(2) be executed and mature as provided by this chapter
1123	1125		for original bonds; and
1124	1126		(3) bear interest at the same or a lower rate than that
1125	1127		of the bonds refunded unless it is shown mathematically that a
1126	1128		saving will result in the total amount of interest to be paid.
1127	1129		(f) The comptroller shall register the refunding bonds on
1128	1130		surrender and cancellation of the bonds to be refunded.
1129	1131		(g) Instead of issuing bonds to be registered on the
1130	1132		surrender and cancellation of the bonds to be refunded, the
1131	1133		district, in the resolution or order authorizing the issuance of
1132	1134		the refunding bonds, may provide for the sale of the refunding bonds
1133	1135		and the deposit of the proceeds in the place or places at which the
1134	1136		bonds to be refunded are payable. In that case, the refunding bonds
1135	1137		may be issued in an amount sufficient to pay the interest on the
1136	1138		bonds to be refunded to their option date or maturity date, and the
1137	1139		comptroller shall register the refunding bonds without the
1138	1140		surrender and cancellation of the bonds to be refunded. (Acts 53rd Leg., R.S., Ch. 370, Sec. 15 (part).)
1139	1141		CHAPTER 5019. CHAMBERS-LIBERTY COUNTIES NAVIGATION DISTRICT
1140	1142		Sec. 5019.0001. DEFINITIONS
1141	1143		Sec. 5019.0002. APPOINTMENT OF DISTRICT COMMISSIONERS
1142	1144		Sec. 5019.0003. TERM OF OFFICE
1143	1145		CHAPTER 5019. CHAMBERS-LIBERTY COUNTIES NAVIGATION DISTRICT
1144	1146		Sec. 5019.0001. DEFINITIONS. In this chapter:
1145	1147		(1) "Commissioner" means a member of the district's
1146	1148		navigation and canal commission.
1147	1149		(2) "District" means the Chambers-Liberty Counties
1148	1150		Navigation District. (New.)
1149	1151		Sec. 5019.0002. APPOINTMENT OF DISTRICT COMMISSIONERS. (a)
1150	1152		Notwithstanding Section 62.072, Water Code, commissioners are
1151	1153		appointed as provided by this section.
1152	1154		(b) The commissioners court of Chambers County by majority
1153	1155		vote shall appoint two commissioners. The commissioners court of
1154	1156		Liberty County by majority vote shall appoint two commissioners.
1155	1157		The two commissioners courts shall appoint a fifth commissioner at
1156	1158		a joint meeting of the two commissioners courts called and presided
1157	1159		over by the county judge of Chambers County.
1158	1160		(c) Each of the county judges and county commissioners
1159	1161		composing the commissioners courts of both counties is entitled to
1160	1162		one vote in appointing the fifth commissioner. A majority vote of
1161	1163		those present at the meeting is sufficient to make the appointment.
1162	1164		(Acts 76th Leg., R.S., Ch. 1145, Secs. 1(a), (b), (c).)
1163	1165		Sec. 5019.0003. TERM OF OFFICE. Notwithstanding Section
1164	1166		62.065, Water Code, commissioners serve staggered four-year terms.
1165	1167		(Acts 76th Leg., R.S., Ch. 1145, Sec. 1(d).)
1166	1168		SECTION 1.02. MUNICIPAL UTILITY DISTRICTS. Subtitle F,
1167	1169		Title 6, Special District Local Laws Code, is amended by adding Chapters 8018, 8020, 8021, 8022, 8023, and 8024 to read as follows:
1168	1170		CHAPTER 8018. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 319
1169	1171		SUBCHAPTER A. GENERAL PROVISIONS
1170	1172		Sec. 8018.0001. DEFINITIONS
1171	1173		Sec. 8018.0002. NATURE OF DISTRICT
1172	1174		Sec. 8018.0003. FINDINGS OF PUBLIC USE AND BENEFIT
1173	1175		Sec. 8018.0004. DISTRICT TERRITORY
1174	1176		SUBCHAPTER B. BOARD OF DIRECTORS
1175	1177		Sec. 8018.0051. COMPOSITION OF BOARD
1176	1178		Sec. 8018.0052. BOARD VACANCY
1177	1179		SUBCHAPTER C. POWERS AND DUTIES
1178	1180		Sec. 8018.0101. MUNICIPAL UTILITY DISTRICT POWERS
1179	1181		Sec. 8018.0102. WATER CONSERVATION PROGRAM
1180	1182		CHAPTER 8018. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 319
1181	1183		SUBCHAPTER A. GENERAL PROVISIONS
1182	1184		Sec. 8018.0001. DEFINITIONS. In this chapter:
1183	1185		(1) "Board" means the district's board of directors.
1184	1186		(2) "Director" means a member of the board.
1185	1187		(3) "District" means the Harris County Municipal
1186	1188		Utility District No. 319. (Acts 69th Leg., R.S., Ch. 787, Secs.
1187	1189		1(a) (part), 2; New.)
1188	1190		Sec. 8018.0002. NATURE OF DISTRICT. The district is a
1189	1191		conservation and reclamation district in Harris County created
1190	1192		under Section 59, Article XVI, Texas Constitution. (Acts 69th Leg.,
1191	1193		R.S., Ch. 787, Sec. 1(a) (part).)
1192	1194		Sec. 8018.0003. FINDINGS OF PUBLIC USE AND BENEFIT. (a)
1193	1195		The district is created to serve a public use and benefit.
1194	1196		(b) All land and other property included in the district
1195	1197		will benefit from the works and projects accomplished by the
1196	1198		district under the powers conferred by Section 59, Article XVI,
1197	1199		Texas Constitution.
1198	1200		(c) The creation of the district is essential to accomplish
1199	1201		the purposes of Section 59, Article XVI, Texas Constitution. (Acts
1200	1202		69th Leg., R.S., Ch. 787, Secs. 1(b), 5.)
1201	1203		Sec. 8018.0004. DISTRICT TERRITORY. (a) The district is
1202	1204		composed of the territory described by Section 3, Chapter 787, Acts
1203	1205		of the 69th Legislature, Regular Session, 1985, as that territory
1204	1206		may have been modified under:
1205	1207		(1) Subchapter J, Chapter 49, Water Code;
1206	1208		(2) Subchapter H, Chapter 54, Water Code; or
1207	1209		(3) other law.
1208	1210		(b) The boundaries and field notes of the district form a
1209	1211		closure. A mistake in the field notes or in copying the field notes
1210	1212		in the legislative process does not affect:
1211	1213		(1) the district's organization, existence, or
1212	1214		validity;
1213	1215		(2) the district's right to issue any type of bond for
1214	1216		a purpose for which the district is created or to pay the principal
1215	1217		of and interest on the bonds;
1216	1218		(3) the district's right to impose a tax; or
1217	1219		(4) the legality or operation of the district or its
1218	1220		governing body. (Acts 69th Leg., R.S., Ch. 787, Sec. 4; New.)
1219	1221		SUBCHAPTER B. BOARD OF DIRECTORS
1220	1222		Sec. 8018.0051. COMPOSITION OF BOARD. The district is
1221	1223		governed by a board of five elected directors. (Acts 69th Leg.,
1222	1224		R.S., Ch. 787, Secs. 8(a), (b) (part).)
1223	1225		Sec. 8018.0052. BOARD VACANCY. (a) Except as provided by
1224	1226		Subsection (b), a vacancy in the office of director shall be filled
1225	1227		in the manner provided by Section 49.105, Water Code.
1226	1228		(b) The Texas Commission on Environmental Quality shall
1227	1229		appoint directors to fill the vacancies on the board whenever the
1228	1230		number of qualified directors is fewer than three. (Acts 69th Leg.,
1229	1231		R.S., Ch. 787, Sec. 8(e) (part); New.)
1230	1232		SUBCHAPTER C. POWERS AND DUTIES
1231	1233		Sec. 8018.0101. MUNICIPAL UTILITY DISTRICT POWERS. The
1232	1234		district has the rights, powers, privileges, and functions provided
1233	1235		by general law, including Chapters 49 and 54, Water Code,
1234	1236		applicable to a municipal utility district created under Section
1235	1237		59, Article XVI, Texas Constitution. (Acts 69th Leg., R.S., Ch.
1236	1238		787, Sec. 6(a) (part); New.)
1237	1239		Sec. 8018.0102. WATER CONSERVATION PROGRAM. (a) In this
1238	1240		section, "water conservation program" means the practices,
1239	1241		techniques, and technologies that will reduce water consumption,
1240	1242		reduce water loss or waste, improve efficiency in water use, or
1241	1243		increase water recycling and reuse so that a water supply is
1242	1244		available for future or alternative uses.
1243	1245		(b) The district shall adopt and implement a water
1244	1246		conservation program consistent with rules and criteria adopted and
1245	1247		enforceable by the Texas Commission on Environmental Quality for
1246	1248		similarly situated districts in the region. (Acts 69th Leg., R.S., Ch. 787, Sec. 7.)
1247	1249		CHAPTER 8020. POLK COUNTY FRESH WATER SUPPLY DISTRICT NO. 2
1248	1250		SUBCHAPTER A. GENERAL PROVISIONS
1249	1251		Sec. 8020.0001. DEFINITION
1250	1252		Sec. 8020.0002. NATURE OF DISTRICT
1251	1253		Sec. 8020.0003. DISTRICT TERRITORY
1252	1254		Sec. 8020.0004. DISTRICT NAME CHANGE
1253	1255		SUBCHAPTER B. POWERS AND DUTIES
1254	1256		Sec. 8020.0051. MUNICIPAL UTILITY DISTRICT POWERS
1255	1257		CHAPTER 8020. POLK COUNTY FRESH WATER SUPPLY DISTRICT NO. 2
1256	1258		SUBCHAPTER A. GENERAL PROVISIONS
1257	1259		Sec. 8020.0001. DEFINITION. In this chapter, "district"
1258	1260		means the Polk County Fresh Water Supply District No. 2. (Acts 75th
1259	1261		Leg., R.S., Ch. 814, Sec. 1 (part); New.)
1260	1262		Sec. 8020.0002. NATURE OF DISTRICT. The district is a
1261	1263		municipal utility district converted from a fresh water supply
1262	1264		district by Chapter 814, Acts of the 75th Legislature, Regular
1263	1265		Session, 1997. (Acts 75th Leg., R.S., Ch. 814, Sec. 1 (part);
1264	1266		New.)
1265	1267		Sec. 8020.0003. DISTRICT TERRITORY. (a) The district's
1266	1268		boundaries are those confirmed by Section 3, Chapter 814, Acts of
1267	1269		the 75th Legislature, Regular Session, 1997, as those boundaries
1268	1270		may have been modified under:
1269	1271		(1) Subchapter J, Chapter 49, Water Code;
1270	1272		(2) Subchapter H, Chapter 54, Water Code; or
1271	1273		(3) other law.
1272	1274		(b) The confirmation of boundaries described by Subsection
1273	1275		(a):
1274	1276		(1) does not enlarge or diminish the district as it
1275	1277		existed on September 1, 1997; and
1276	1278		(2) includes the property in the district that was
1277	1279		being served or taxed on September 1, 1997. (Acts 75th Leg., R.S.,
1278	1280		Ch. 814, Sec. 3 (part); New.)
1279	1281		Sec. 8020.0004. DISTRICT NAME CHANGE. The district's board
1280	1282		of directors may change the name of the district in an open meeting
1281	1283		for which proper notice has been given. (Acts 75th Leg., R.S.,
1282	1284		Ch. 814, Sec. 2.)
1283	1285		SUBCHAPTER B. POWERS AND DUTIES
1284	1286		Sec. 8020.0051. MUNICIPAL UTILITY DISTRICT POWERS. (a)
1285	1287		Except as provided by Subsection (b), the district has the rights,
1286	1288		powers, privileges, and functions conferred by Chapter 54, Water
1287	1289		Code.
1288	1290		(b) The district may not exercise any authority with regard
1289	1291		to firefighting or to municipal solid waste disposal. (Acts 75th Leg., R.S., Ch. 814, Sec. 1 (part).)
1290	1292		CHAPTER 8021. LAKEWAY MUNICIPAL UTILITY DISTRICT
1291	1293		Sec. 8021.0001. DEFINITIONS
1292	1294		Sec. 8021.0002. EXCLUSION OF LAND
1293	1295		Sec. 8021.0003. NOTICE OF HEARING
1294	1296		Sec. 8021.0004. EXCLUSION WITH BOND REFUNDING
1295	1297		Sec. 8021.0005. APPLICABILITY OF CERTAIN OTHER LAW
1296	1298		CHAPTER 8021. LAKEWAY MUNICIPAL UTILITY DISTRICT
1297	1299		Sec. 8021.0001. DEFINITIONS. In this chapter:
1298	1300		(1) "Board" means the board of directors of the
1299	1301		district.
1300	1302		(2) "District" means the Lakeway Municipal Utility
1301	1303		District, Travis County. (Acts 75th Leg., R.S., Ch. 1272, Sec. 1.)
1302	1304		Sec. 8021.0002. EXCLUSION OF LAND. (a) The board may, at
1303	1305		its discretion, call a hearing to consider excluding land from the
1304	1306		district or determine not to call a hearing to exclude land from the
1305	1307		district.
1306	1308		(b) If the board holds a hearing under Subsection (a), the
1307	1309		board may by order exclude land from the district on any of the
1308	1310		grounds for exclusion provided by Section 49.306, Water Code,
1309	1311		provided that:
1310	1312		(1) the board receives a petition, signed by the
1311	1313		owners of the land to be excluded and consented to by all
1312	1314		lienholders, requesting exclusion of the land as described by metes
1313	1315		and bounds; and
1314	1316		(2) the owners of the land pay to the district a
1315	1317		payment and any other fees or costs required by the district. (Acts
1316	1318		75th Leg., R.S., Ch. 1272, Sec. 2.)
1317	1319		Sec. 8021.0003. NOTICE OF HEARING. (a) Except as provided
1318	1320		by Section 8021.0004, in addition to the notice required by Section
1319	1321		49.304, Water Code, the district shall, not later than the 30th day
1320	1322		before the date of the exclusion hearing under Section
1321	1323		8021.0002(a):
1322	1324		(1) publish notice of the exclusion hearing in a
1323	1325		nationally recognized financial journal; and
1324	1326		(2) mail notice of the exclusion hearing by certified
1325	1327		mail to the paying agent or registrar of the district's outstanding
1326	1328		bonds.
1327	1329		(b) The notice required by Subsection (a) must advise any
1328	1330		district bondholder, taxpayer, or other interested party that the
1329	1331		person may appear at the exclusion hearing in support of or in
1330	1332		opposition to the petition for exclusion. (Acts 75th Leg., R.S.,
1331	1333		Ch. 1272, Sec. 3; New.)
1332	1334		Sec. 8021.0004. EXCLUSION WITH BOND REFUNDING. (a) Land
1333	1335		may be excluded as authorized by this chapter in conjunction with a
1334	1336		refunding of the district's outstanding bonds.
1335	1337		(b) If land is excluded in the manner provided by Subsection
1336	1338		(a), the only notice required is the notice specified by Section
1337	1339		49.304, Water Code. (Acts 75th Leg., R.S., Ch. 1272, Sec. 4.)
1338	1340		Sec. 8021.0005. APPLICABILITY OF CERTAIN OTHER LAW.
1339	1341		Sections 49.307 and 49.308, Water Code, apply to an exclusion of
1340	1342		land carried out under this chapter. (Acts 75th Leg., R.S., Ch. 1272, Sec. 5.)
1341	1343		CHAPTER 8022. TANGLEWOOD FOREST LIMITED DISTRICT
1342	1344		SUBCHAPTER A. GENERAL PROVISIONS
1343	1345		Sec. 8022.0001. DEFINITION
1344	1346		SUBCHAPTER B. FINANCIAL PROVISIONS
1345	1347		Sec. 8022.0051. USE OF GENERAL OPERATING FUNDS
1346	1348		CHAPTER 8022. TANGLEWOOD FOREST LIMITED DISTRICT
1347	1349		SUBCHAPTER A. GENERAL PROVISIONS
1348	1350		Sec. 8022.0001. DEFINITION. In this chapter, "district"
1349	1351		means the Tanglewood Forest Limited District. (Acts 74th Leg.,
1350	1352		R.S., Ch. 675, Sec. 1.)
1351	1353		SUBCHAPTER B. FINANCIAL PROVISIONS
1352	1354		Sec. 8022.0051. USE OF GENERAL OPERATING FUNDS.
1353	1355		Notwithstanding Section 54.236, Water Code, the district may use
1354	1356		general operating funds to install, operate, and maintain street or
1355	1357		security lighting in an area in the district:
1356	1358		(1) that has had water utilities and streets installed
1357	1359		for not less than eight years; and
1358	1360		(2) in which the developer of the area has not
1359	1361		installed street or security lighting as required as a condition of
1360	1362		the municipality's granting its consent to the creation of the
1361	1363		district under Section 54.016, Water Code. (Acts 74th Leg., R.S., Ch. 675, Sec. 2.)
1362	1364		CHAPTER 8023. THE WOODLANDS METRO CENTER MUNICIPAL UTILITY DISTRICT
1363	1365		Sec. 8023.0001. DEFINITION
1364	1366		Sec. 8023.0002. EXCLUSION OF TERRITORY
1365	1367		Sec. 8023.0003. ANNEXATION OR ADDITION OF TERRITORY
1366	1368		CHAPTER 8023. THE WOODLANDS METRO CENTER MUNICIPAL UTILITY DISTRICT
1367	1369		Sec. 8023.0001. DEFINITION. In this chapter, "district"
1368	1370		means The Woodlands Metro Center Municipal Utility District, of
1369	1371		Montgomery County, Texas. (Acts 72nd Leg., R.S., Ch. 322, Sec.
1370	1372		1(2).)
1371	1373		Sec. 8023.0002. EXCLUSION OF TERRITORY. (a) The district
1372	1374		may exclude territory from the district after a bond election has
1373	1375		been called or bonds have been issued only if:
1374	1376		(1) the exclusion of the territory is not expressly
1375	1377		prohibited by the orders or resolutions calling the bond election
1376	1378		or authorizing the issuance of the bonds;
1377	1379		(2) the district annexes or adds territory into the
1378	1380		district that is sufficient to avoid an impairment of the security
1379	1381		for payment of the voted or issued bonds and of any other contract
1380	1382		obligations that are wholly or partly payable from or secured by ad
1381	1383		valorem taxes or net revenues of the district; and
1382	1384		(3) the exclusion and addition of territory is
1383	1385		accomplished in conformity with the notice and hearing requirements
1384	1386		relating to the exclusion and addition of territory prescribed by
1385	1387		Subchapter J, Chapter 49, Water Code.
1386	1388		(b) The district must finally annex or include the
1387	1389		additional territory prescribed by Subsection (a)(2)
1388	1390		simultaneously with the exclusion of the territory or not earlier
1389	1391		than the 30th day before the date the territory is excluded.
1390	1392		(c) Before the effective date of the exclusion, the district
1391	1393		must receive from the territory proposed to be excluded payments of
1392	1394		all rates, fees, and charges for water, sewer, or other district
1393	1395		services provided to the territory, and of all ad valorem taxes,
1394	1396		standby fees, and associated penalties and interest relating to the
1395	1397		territory, that are due or overdue.
1396	1398		(d) If ad valorem taxes or standby fees have not been
1397	1399		established for the year in which the territory is to be excluded,
1398	1400		the territory shall pay an amount determined by the district to be
1399	1401		equal to the estimated ad valorem taxes or standby fees the district
1400	1402		will establish for the year. (Acts 72nd Leg., R.S., Ch. 322, Sec.
1401	1403		2.)
1402	1404		Sec. 8023.0003. ANNEXATION OR ADDITION OF TERRITORY. (a)
1403	1405		Territory annexed or added to the district is sufficient to avoid an
1404	1406		impairment of the security for payment of an obligation of the
1405	1407		district if:
1406	1408		(1) the taxable value of the additional territory is
1407	1409		equal to or greater than the taxable value of the excluded
1408	1410		territory, as determined by the most recent certified county
1409	1411		property tax rolls; and
1410	1412		(2) the estimated cost to provide district facilities
1411	1413		and services to the additional territory is equal to or less than
1412	1414		the estimated cost to provide district facilities and services to
1413	1415		the excluded territory, as determined by the district's engineer.
1414	1416		(b) In addition to the requirements of Subsection (a), if
1415	1417		the district's outstanding bonds or contract obligations are wholly
1416	1418		or partly payable from or secured by the net revenues from the
1417	1419		ownership or operation of the district's waterworks or sewer
1418	1420		systems, the projected net revenues to be derived from the
1419	1421		additional territory during the period ending on the anniversary of
1420	1422		the date on which the territory is added must be equal to or greater
1421	1423		than the projected net revenues that would be derived during that
1422	1424		period from the excluded territory, as determined by the district's engineer. (Acts 72nd Leg., R.S., Ch. 322, Sec. 3.)
1423	1425		CHAPTER 8024. BAYBROOK MUNICIPAL UTILITY DISTRICT NO. 1
1424	1426		SUBCHAPTER A. GENERAL PROVISIONS
1425	1427		Sec. 8024.0001. DEFINITIONS
1426	1428		Sec. 8024.0002. FINDINGS OF PUBLIC USE AND BENEFIT
1427	1429		Sec. 8024.0003. CONFLICTS OF LAW
1428	1430		SUBCHAPTER B. POWERS AND DUTIES
1429	1431		Sec. 8024.0051. ROAD UTILITY DISTRICT POWERS AND
1430	1432		DUTIES
1431	1433		Sec. 8024.0052. ROAD PROJECTS
1432	1434		Sec. 8024.0053. RAPID TRANSIT AUTHORITY POWERS
1433	1435		SUBCHAPTER C. FINANCIAL PROVISIONS
1434	1436		Sec. 8024.0101. ELECTIONS REGARDING TAXES OR BONDS
1435	1437		Sec. 8024.0102. MAINTENANCE TAX
1436	1438		CHAPTER 8024. BAYBROOK MUNICIPAL UTILITY DISTRICT NO. 1
1437	1439		SUBCHAPTER A. GENERAL PROVISIONS
1438	1440		Sec. 8024.0001. DEFINITIONS. In this chapter:
1439	1441		(1) "City" means the City of Houston, Texas.
1440	1442		(2) "District" means the Baybrook Municipal Utility
1441	1443		District No. 1. (Acts 77th Leg., R.S., Ch. 1386, Secs. 2(2), (3).)
1442	1444		Sec. 8024.0002. FINDINGS OF PUBLIC USE AND BENEFIT. (a)
1443	1445		The district is created to serve a public use and benefit.
1444	1446		(b) All land and other property included in the district
1445	1447		will benefit from the works and projects accomplished by the
1446	1448		district under the powers conferred by Section 52, Article III,
1447	1449		Texas Constitution. (Acts 77th Leg., R.S., Ch. 1386, Sec. 3.)
1448	1450		Sec. 8024.0003. CONFLICTS OF LAW. (a) This section applies
1449	1451		only to laws enacted on or before June 16, 2001.
1450	1452		(b) Chapter 49 or 54, Water Code, controls over a
1451	1453		conflicting or inconsistent provision in general law relating to
1452	1454		road utility districts. (Acts 77th Leg., R.S., Ch. 1386, Sec. 5
1453	1455		(part).)
1454	1456		SUBCHAPTER B. POWERS AND DUTIES
1455	1457		Sec. 8024.0051. ROAD UTILITY DISTRICT POWERS AND DUTIES.
1456	1458		(a) The district has road utility district authority under Section
1457	1459		52(b)(3), Article III, Texas Constitution, and Chapter 441,
1458	1460		Transportation Code, including:
1459	1461		(1) the authority to repair and maintain streets and
1460	1462		roadways in the district; and
1461	1463		(2) the ability to make contracts in the same manner as
1462	1464		a road utility district under Subchapter E, Chapter 441,
1463	1465		Transportation Code.
1464	1466		(b) The district has all of the rights, powers, privileges,
1465	1467		authority, duties, and functions conferred by the general laws
1466	1468		applicable to a road utility district created under Section 52,
1467	1469		Article III, Texas Constitution, to the extent those provisions can
1468	1470		be made applicable.
1469	1471		(c) The district is not subject to the requirements of
1470	1472		Subchapter B, Chapter 441, Transportation Code. (Acts 77th Leg.,
1471	1473		R.S., Ch. 1386, Secs. 1 (part), 4, 5 (part), 9.)
1472	1474		Sec. 8024.0052. ROAD PROJECTS. (a) To the extent
1473	1475		authorized by Section 52, Article III, Texas Constitution, the
1474	1476		district may construct, acquire, improve, maintain, and operate
1475	1477		macadamized, graveled, or paved roads and turnpikes or improvements
1476	1478		in aid of those roads or turnpikes in the district.
1477	1479		(b) The improvements under Subsection (a) may include
1478	1480		drainage or landscaping improvements and lights, signs, or signals
1479	1481		that are incidental to the roads and turnpikes and the
1480	1482		construction, maintenance, or operation of the roads and turnpikes.
1481	1483		(c) A project authorized by this section must meet all
1482	1484		applicable construction standards, zoning and subdivision
1483	1485		requirements, and regulatory ordinances of the city.
1484	1486		(d) On completion of a project authorized by this chapter,
1485	1487		the district, with the consent of the city, may convey the project
1486	1488		to the city if the conveyance is free of all district debt. If the
1487	1489		city becomes the owner of a project, the city is responsible for all
1488	1490		future maintenance and the district has no further responsibility
1489	1491		for the project or its maintenance. (Acts 77th Leg., R.S., Ch.
1490	1492		1386, Sec. 6.)
1491	1493		Sec. 8024.0053. RAPID TRANSIT AUTHORITY POWERS. (a) The
1492	1494		district has the powers of a metropolitan rapid transit authority
1493	1495		under Section 451.065, Transportation Code.
1494	1496		(b) The municipal consent and contract requirements in
1495	1497		Section 451.065(d), Transportation Code, do not apply to the
1496	1498		district. (Acts 77th Leg., R.S., Ch. 1386, Sec. 1 (part).)
1497	1499		SUBCHAPTER C. FINANCIAL PROVISIONS
1498	1500		Sec. 8024.0101. ELECTIONS REGARDING TAXES OR BONDS. (a)
1499	1501		The district may issue bonds, notes, and other obligations secured
1500	1502		by revenues or contract payments from any lawful source other than
1501	1503		ad valorem taxes without an election.
1502	1504		(b) The district may issue bonds, notes, and other
1503	1505		obligations secured wholly or partly by ad valorem taxes only if the
1504	1506		issuance is approved by a vote of a two-thirds majority of the
1505	1507		district voters voting at an election held for that purpose. (Acts
1506	1508		77th Leg., R.S., Ch. 1386, Sec. 7.)
1507	1509		Sec. 8024.0102. MAINTENANCE TAX. The district may impose a
1508	1510		maintenance tax at a rate not to exceed 25 cents on each $100 of
1509	1511		assessed valuation of property in the district to be used for any
1510	1512		authorized purpose of the district if the authority to impose the
1511	1513		tax is approved by a majority of district voters voting at an
1512	1514		election held for that purpose. (Acts 77th Leg., R.S., Ch. 1386,
1513	1515		Sec. 8.)
1514	1516		SECTION 1.03. RIVER AUTHORITIES. Subtitle G, Title 6,
1515	1517		Special District Local Laws Code, is amended by adding Chapters 8508 and 8509 to read as follows:
1516	1518		CHAPTER 8508. SULPHUR RIVER BASIN AUTHORITY
1517	1519		SUBCHAPTER A. GENERAL PROVISIONS
1518	1520		Sec. 8508.0001. DEFINITIONS
1519	1521		Sec. 8508.0002. NATURE OF AUTHORITY
1520	1522		Sec. 8508.0003. PURPOSE OF CHAPTER
1521	1523		Sec. 8508.0004. FINDING OF BENEFIT
1522	1524		Sec. 8508.0005. REVIEW SCHEDULE UNDER SUNSET ACT
1523	1525		Sec. 8508.0006. TERRITORY
1524	1526		Sec. 8508.0007. LIBERAL CONSTRUCTION OF CHAPTER
1525	1527		SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
1526	1528		Sec. 8508.0051. MEMBERSHIP OF BOARD
1527	1529		Sec. 8508.0052. TERMS
1528	1530		Sec. 8508.0053. REMOVAL
1529	1531		Sec. 8508.0054. VACANCY
1530	1532		Sec. 8508.0055. BOND REQUIREMENT FOR DIRECTORS
1531	1533		Sec. 8508.0056. COMPENSATION OF DIRECTORS
1532	1534		Sec. 8508.0057. OFFICERS
1533	1535		Sec. 8508.0058. DIRECTOR TRAINING PROGRAM
1534	1536		Sec. 8508.0059. INTEREST IN CONTRACT
1535	1537		Sec. 8508.0060. COMMITTEES
1536	1538		Sec. 8508.0061. EXECUTIVE DIRECTOR
1537	1539		Sec. 8508.0062. SEPARATION OF POLICYMAKING AND
1538	1540		MANAGEMENT FUNCTIONS
1539	1541		Sec. 8508.0063. DIRECTORS' AND EMPLOYEES' FIDELITY
1540	1542		BONDS
1541	1543		Sec. 8508.0064. AUTHORITY'S OFFICE
1542	1544		Sec. 8508.0065. NEGOTIATED RULEMAKING AND ALTERNATIVE
1543	1545		DISPUTE RESOLUTION
1544	1546		Sec. 8508.0066. COMPLAINTS
1545	1547		SUBCHAPTER C. POWERS AND DUTIES
1546	1548		Sec. 8508.0101. GENERAL POWERS AND DUTIES
1547	1549		Sec. 8508.0102. EFFECT OF POWERS OF AUTHORITY ON
1548	1550		POWERS OF OTHER DISTRICTS;
1549	1551		COORDINATION AND JOINT UNDERTAKINGS
1550	1552		AMONG DISTRICTS
1551	1553		Sec. 8508.0103. GENERAL POWERS RELATING TO WORKS AND
1552	1554		WATER
1553	1555		Sec. 8508.0104. CONTROL AND USE OF WATERS
1554	1556		Sec. 8508.0105. USE OF BEDS AND BANKS OF SULPHUR RIVER
1555	1557		AND ITS TRIBUTARIES
1556	1558		Sec. 8508.0106. WATER CONSERVATION PROGRAM
1557	1559		Sec. 8508.0107. GROUNDWATER
1558	1560		Sec. 8508.0108. APPLICABILITY OF CERTAIN ENVIRONMENTAL
1559	1561		LAWS
1560	1562		Sec. 8508.0109. PERMITS AND LICENSES
1561	1563		Sec. 8508.0110. CONSULTATION WITH COUNTY JUDGE FOR
1562	1564		CERTAIN PROPOSED PROJECTS
1563	1565		Sec. 8508.0111. SERVICE CONTRACTS AND CHARGES
1564	1566		Sec. 8508.0112. ACQUISITION, MAINTENANCE, AND
1565	1567		OPERATION OF PROPERTY
1566	1568		Sec. 8508.0113. ACQUISITION, CONSTRUCTION,
1567	1569		MAINTENANCE, AND OPERATION OF
1568	1570		FACILITIES
1569	1571		Sec. 8508.0114. EMINENT DOMAIN
1570	1572		Sec. 8508.0115. COST OF RELOCATING OR ALTERING
1571	1573		PROPERTY
1572	1574		Sec. 8508.0116. SALE, LEASE, EXCHANGE, OR OTHER
1573	1575		DISPOSITION OF PROPERTY
1574	1576		Sec. 8508.0117. GENERAL CONTRACT POWERS
1575	1577		Sec. 8508.0118. POWER OF PERSONS TO CONTRACT WITH
1576	1578		AUTHORITY
1577	1579		Sec. 8508.0119. AWARD OF CERTAIN CONTRACTS
1578	1580		Sec. 8508.0120. CONSTRUCTION CONTRACTS: PAYMENT
1579	1581		Sec. 8508.0121. CONFLICT OF INTEREST IN CONTRACT
1580	1582		Sec. 8508.0122. SURVEYS AND ENGINEERING INVESTIGATIONS
1581	1583		Sec. 8508.0123. PLANS
1582	1584		Sec. 8508.0124. ACCESS TO AUTHORITY PROPERTY
1583	1585		Sec. 8508.0125. AUTHORITY TO EXERCISE POWERS OF
1584	1586		POLITICAL SUBDIVISIONS UNDER WATER
1585	1587		CODE
1586	1588		Sec. 8508.0126. LIMITATIONS ON POWERS AND DUTIES OF
1587	1589		AUTHORITY; COMMISSION APPROVAL OF
1588	1590		CERTAIN PLANS
1589	1591		Sec. 8508.0127. SUITS
1590	1592		SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW
1591	1593		PROVISIONS
1592	1594		Sec. 8508.0151. ADOPTION AND ENFORCEMENT OF RULES
1593	1595		Sec. 8508.0152. CIVIL PENALTY; INJUNCTIVE RELIEF
1594	1596		Sec. 8508.0153. COURT REVIEW
1595	1597		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
1596	1598		Sec. 8508.0201. DISBURSEMENT OF MONEY
1597	1599		Sec. 8508.0202. ACCOUNTS, CONTRACTS, AND OTHER
1598	1600		RECORDS; PUBLIC INSPECTION
1599	1601		Sec. 8508.0203. FEES AND CHARGES
1600	1602		Sec. 8508.0204. TRUST MONEY
1601	1603		Sec. 8508.0205. TAXES AND TAX DEBT PROHIBITED
1602	1604		Sec. 8508.0206. DEPOSITORY
1603	1605		Sec. 8508.0207. INVESTMENT OF AUTHORITY MONEY;
1604	1606		APPLICATION OF INCOME FROM
1605	1607		INVESTMENTS
1606	1608		Sec. 8508.0208. FISCAL YEAR
1607	1609		Sec. 8508.0209. AUDIT
1608	1610		SUBCHAPTER F. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS
1609	1611		Sec. 8508.0251. LOANS AND GRANTS
1610	1612		Sec. 8508.0252. POWER TO APPLY FOR MONEY FOR
1611	1613		ENGINEERING SURVEYS, DATA
1612	1614		COMPILATION AND COLLECTION, AND
1613	1615		OTHER PURPOSES
1614	1616		Sec. 8508.0253. POWER TO ISSUE BONDS OR OTHER
1615	1617		OBLIGATIONS
1616	1618		Sec. 8508.0254. REFUNDING BONDS
1617	1619		Sec. 8508.0255. FORM OF OBLIGATIONS
1618	1620		Sec. 8508.0256. MATURITY
1619	1621		Sec. 8508.0257. TRUST INDENTURE
1620	1622		Sec. 8508.0258. ADDITIONAL OBLIGATIONS
1621	1623		Sec. 8508.0259. ADDITIONAL PROVISIONS IN RESOLUTION
1622	1624		AUTHORIZING OBLIGATIONS OR TRUST
1623	1625		INDENTURE
1624	1626		CHAPTER 8508. SULPHUR RIVER BASIN AUTHORITY
1625	1627		SUBCHAPTER A. GENERAL PROVISIONS
1626	1628		Sec. 8508.0001. DEFINITIONS. In this chapter:
1627	1629		(1) "Authority" means the Sulphur River Basin
1628	1630		Authority.
1629	1631		(2) "Basin" means the watersheds of the Sulphur River
1630	1632		inside the authority's territory as defined by Section 8508.0006.
1631	1633		(3) "Board" means the authority's board of directors.
1632	1634		(4) "Commission" means the Texas Commission on
1633	1635		Environmental Quality.
1634	1636		(5) "Development board" means the Texas Water
1635	1637		Development Board.
1636	1638		(6) "Director" means a board member.
1637	1639		(7) "Public agency" means any government or
1638	1640		governmental subdivision or agency.
1639	1641		(8) "State" means the State of Texas or any of its
1640	1642		agencies, departments, boards, political subdivisions, or other
1641	1643		entities.
1642	1644		(9) "Waste" means sewage, industrial waste, municipal
1643	1645		waste, recreational waste, agricultural waste, or waste heat.
1644	1646		(Acts 69th Leg., 1st C.S., Ch. 3, Secs. 2(1), (2), (3), (4), (6),
1645	1647		(8), (9), (11); New.)
1646	1648		Sec. 8508.0002. NATURE OF AUTHORITY. The authority is a
1647	1649		conservation and reclamation district created under Section 59,
1648	1650		Article XVI, Texas Constitution. (Acts 69th Leg., 1st C.S., Ch. 3,
1649	1651		Sec. 1(a).)
1650	1652		Sec. 8508.0003. PURPOSE OF CHAPTER. The purpose of this
1651	1653		chapter is to authorize the authority to provide for the
1652	1654		conservation and development of this state's natural resources
1653	1655		inside the basin, including:
1654	1656		(1) the control, storage, preservation, and
1655	1657		distribution of this state's water for domestic and municipal uses,
1656	1658		industrial uses, irrigation, mining and recovery of minerals, stock
1657	1659		raising, underground water recharge, electric power generation,
1658	1660		navigation, and other beneficial uses and purposes;
1659	1661		(2) the reclamation and irrigation of land needing
1660	1662		irrigation;
1661	1663		(3) the reclamation and drainage of overflowed land
1662	1664		and other land needing drainage;
1663	1665		(4) the maintenance and enhancement of the quality of
1664	1666		the water;
1665	1667		(5) the conservation and development of the water;
1666	1668		(6) the navigation of inland water; and
1667	1669		(7) the provision of systems, facilities, and
1668	1670		procedures for the collection, transportation, handling,
1669	1671		treatment, and disposal of waste. (Acts 69th Leg., 1st C.S., Ch. 3,
1670	1672		Sec. 4.)
1671	1673		Sec. 8508.0004. FINDING OF BENEFIT. The legislature finds
1672	1674		that all land included in the authority will benefit from the
1673	1675		improvements to be acquired and constructed by the authority.
1674	1676		(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 3(b).)
1675	1677		Sec. 8508.0005. REVIEW SCHEDULE UNDER SUNSET ACT. A review
1676	1678		of the authority under Section 325.025, Government Code, shall be
1677	1679		conducted as if the authority were a state agency scheduled to be
1678	1680		abolished September 1, 2029, and every 12th year after that year.
1679	1681		(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 1A(a) (part).)
1680	1682		Sec. 8508.0006. TERRITORY. (a) Unless modified under
1681	1683		Subchapter J, Chapter 49, Water Code, or other law, the authority's
1682	1684		territory is composed of the territory in each county in Texas,
1683	1685		other than Fannin County, that is located wholly or partly in the
1684	1686		watershed of the Sulphur River and its tributaries with confluences
1685	1687		with the Sulphur River upstream from the eastern boundary of Texas,
1686	1688		as those watersheds and tributaries are defined by maps on file with
1687	1689		the development board.
1688	1690		(b) The boundaries of the authority form a closure. A
1689	1691		mistake in the description of the boundaries in the legislative
1690	1692		process or another mistake does not affect:
1691	1693		(1) the authority's organization, existence, or
1692	1694		validity;
1693	1695		(2) the authority's right to issue any type of bond for
1694	1696		a purpose for which the authority is created or to pay the principal
1695	1697		of or interest on the bond; or
1696	1698		(3) the legality or operation of the authority or its
1697	1699		governing body. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 3(a), 52;
1698	1700		New.)
1699	1701		Sec. 8508.0007. LIBERAL CONSTRUCTION OF CHAPTER. This
1700	1702		chapter shall be liberally construed to achieve its purposes.
1701	1703		(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 5 (part).)
1702	1704		SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
1703	1705		Sec. 8508.0051. MEMBERSHIP OF BOARD. (a) The board
1704	1706		consists of seven directors appointed by the governor with the
1705	1707		advice and consent of the senate.
1706	1708		(b) The governor shall appoint one director to represent the
1707	1709		authority at large.
1708	1710		(c) The governor shall appoint two directors from each of
1709	1711		the following regions:
1710	1712		(1) Region 1: Bowie and Red River Counties;
1711	1713		(2) Region 2: Cass, Franklin, Hunt, Morris, and Titus
1712	1714		Counties; and
1713	1715		(3) Region 3: Delta, Hopkins, and Lamar Counties.
1714	1716		(d) Each director must be a qualified voter.
1715	1717		(e) A director appointed under Subsection (c) must be a
1716	1718		resident of a county in the region for which the director is
1717	1719		appointed. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 6(a) (part),
1718	1720		(b).)
1719	1721		Sec. 8508.0052. TERMS. Directors serve for staggered terms
1720	1722		of six years with two or three directors' terms expiring on February
1721	1723		1 of each odd-numbered year. (Acts 69th Leg., 1st C.S., Ch. 3, Sec.
1722	1724		6(c); Acts 85th Leg., R.S., Ch. 276, Sec. 15(c).)
1723	1725		Sec. 8508.0053. REMOVAL. (a) The governor may remove a
1724	1726		director from office for:
1725	1727		(1) inefficiency;
1726	1728		(2) neglect of duty;
1727	1729		(3) misconduct in office; or
1728	1730		(4) absence from three consecutive regular board
1729	1731		meetings.
1730	1732		(b) Before a director is removed from office, the board
1731	1733		shall call and hold a hearing on the charges against the director,
1732	1734		and the director is entitled to appear at the hearing and present
1733	1735		evidence to show why the director should not be removed from office.
1734	1736		(c) Not later than the 30th day before the date of the
1735	1737		hearing, the board shall give the accused director notice of:
1736	1738		(1) the charges against the director; and
1737	1739		(2) the time and place for the hearing.
1738	1740		(d) An affirmative vote of not fewer than four of the
1739	1741		directors is required to approve a recommendation for removal.
1740	1742		(e) A recommendation for removal shall be forwarded to the
1741	1743		governor for the governor's consideration and action as provided by
1742	1744		this section. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 6(f).)
1743	1745		Sec. 8508.0054. VACANCY. A vacancy on the board shall be
1744	1746		filled in the manner provided by Section 8508.0051 for making the
1745	1747		original appointment. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 6(e).)
1746	1748		Sec. 8508.0055. BOND REQUIREMENT FOR DIRECTORS. As a
1747	1749		qualification for office, a director must execute a bond in an
1748	1750		amount determined by the board conditioned on the faithful
1749	1751		performance of the director's duties. (Acts 69th Leg., 1st C.S.,
1750	1752		Ch. 3, Sec. 6(d).)
1751	1753		Sec. 8508.0056. COMPENSATION OF DIRECTORS. (a) A director
1752	1754		is entitled to receive $25 a day and reimbursement for actual and
1753	1755		necessary expenses incurred:
1754	1756		(1) for each day the director spends attending
1755	1757		meetings of the board; and
1756	1758		(2) for each day the director spends attending to the
1757	1759		business of the authority that is authorized by the board.
1758	1760		(b) A director is not entitled to receive a per diem
1759	1761		allowance for more than 50 days in a calendar year.
1760	1762		(c) In all areas of conflict with Subsection (a) or (b) of
1761	1763		this section, Section 49.060, Water Code, takes precedence.
1762	1764		(d) A director's compensation may be increased as
1763	1765		authorized by Section 49.060, Water Code, by resolution adopted by
1764	1766		the board in accordance with Subsection (e) of that section on or
1765	1767		after September 1, 1995. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 8;
1766	1768		New.)
1767	1769		Sec. 8508.0057. OFFICERS. (a) The governor shall
1768	1770		designate a director as the presiding officer of the board to serve
1769	1771		in that capacity at the pleasure of the governor.
1770	1772		(b) The board shall elect one or more vice presidents, a
1771	1773		secretary, a treasurer, and other officers as the directors
1772	1774		consider necessary.
1773	1775		(c) The presiding officer and each vice president must be a
1774	1776		director, but other officers are not required to be directors.
1775	1777		(d) The offices of the secretary and treasurer may be
1776	1778		combined, and the offices of assistant secretary and assistant
1777	1779		treasurer may be combined. (Acts 69th Leg., 1st C.S., Ch. 3, Secs.
1778	1780		6(i), (j).)
1779	1781		Sec. 8508.0058. DIRECTOR TRAINING PROGRAM. (a) A person
1780	1782		who is appointed to and qualifies for office as a director may not
1781	1783		vote, deliberate, or be counted as a director in attendance at a
1782	1784		board meeting until the person completes a training program that
1783	1785		complies with this section.
1784	1786		(b) The training program must provide the person with
1785	1787		information regarding:
1786	1788		(1) the law governing the authority's operations;
1787	1789		(2) the authority's programs, functions, rules, and
1788	1790		budget;
1789	1791		(3) the scope of and limitations on the authority's
1790	1792		rulemaking authority;
1791	1793		(4) the results of the authority's most recent formal
1792	1794		audit;
1793	1795		(5) the requirements of:
1794	1796		(A) laws relating to open meetings, public
1795	1797		information, administrative procedure, and disclosing conflicts of
1796	1798		interest; and
1797	1799		(B) other laws applicable to members of the
1798	1800		governing body of a river authority in performing their duties; and
1799	1801		(6) any applicable ethics policies adopted by the
1800	1802		board or the Texas Ethics Commission.
1801	1803		(c) A person appointed to the board is entitled to
1802	1804		reimbursement for the travel expenses incurred in attending the
1803	1805		training program regardless of whether the attendance at the
1804	1806		program occurs before or after the person qualifies for office.
1805	1807		(d) The board shall create a training manual that includes
1806	1808		the information required by Subsection (b). The board shall
1807	1809		distribute a copy of the training manual annually to each director.
1808	1810		On receipt of the training manual, each director shall sign a
1809	1811		statement acknowledging receipt of the training manual. (Acts 69th
1810	1812		Leg., 1st C.S., Ch. 3, Sec. 6A.)
1811	1813		Sec. 8508.0059. INTEREST IN CONTRACT. (a) A director who
1812	1814		has a financial interest in an authority contract for the purchase,
1813	1815		sale, lease, rental, or supply of property, including supplies,
1814	1816		materials, and equipment, or for the construction of facilities,
1815	1817		shall disclose that fact to the other directors and may not vote on
1816	1818		or participate in discussions during board meetings on the
1817	1819		acceptance of the contract.
1818	1820		(b) A director's financial interest does not affect the
1819	1821		validity of a contract if disclosure is made and the director with
1820	1822		the financial interest does not vote on the question of entering
1821	1823		into the contract. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 7.)
1822	1824		Sec. 8508.0060. COMMITTEES. (a) The board may appoint or
1823	1825		establish committees from the board's directors as necessary or
1824	1826		desirable to assist in conducting the authority's business.
1825	1827		(b) Subject to the applicable rules of law on delegation of
1826	1828		powers, the board may assign or delegate or provide for the
1827	1829		assignment or delegation of any powers, duties, and functions to
1828	1830		its committees as the board may provide by rule or resolution.
1829	1831		(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 9.)
1830	1832		Sec. 8508.0061. EXECUTIVE DIRECTOR. (a) The board may
1831	1833		employ an executive director and set the executive director's
1832	1834		salary and other compensation by majority vote of the qualified
1833	1835		directors.
1834	1836		(b) The executive director is the chief executive officer of
1835	1837		the authority.
1836	1838		(c) Under policies established by the board, the executive
1837	1839		director is responsible to the board for:
1838	1840		(1) administering the board's directives;
1839	1841		(2) keeping the authority's records, including minutes
1840	1842		of the meetings of the board and the executive committee;
1841	1843		(3) coordinating with state, federal, and local
1842	1844		agencies;
1843	1845		(4) developing plans and programs for the approval of
1844	1846		the board or the executive committee;
1845	1847		(5) hiring, supervising, training, and discharging
1846	1848		the authority's employees, as authorized by the board or the
1847	1849		executive committee;
1848	1850		(6) contracting for or retaining technical,
1849	1851		scientific, legal, fiscal, and other professional services, as
1850	1852		authorized by the board; and
1851	1853		(7) performing any other duties assigned by the board.
1852	1854		(d) The board may discharge the executive director on a
1853	1855		majority vote of the qualified directors. (Acts 69th Leg., 1st
1854	1856		C.S., Ch. 3, Sec. 10.)
1855	1857		Sec. 8508.0062. SEPARATION OF POLICYMAKING AND MANAGEMENT
1856	1858		FUNCTIONS. The board shall develop and implement policies that
1857	1859		clearly separate the policymaking responsibilities of the board and
1858	1860		the management responsibilities of the executive director and staff
1859	1861		of the authority. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 10A.)
1860	1862		Sec. 8508.0063. DIRECTORS' AND EMPLOYEES' FIDELITY BONDS.
1861	1863		(a) The executive director, the treasurer, and any other officer,
1862	1864		agent, or employee of the authority who has responsibilities that
1863	1865		involve the collection, custody, or payment of authority money
1864	1866		shall execute a fidelity bond.
1865	1867		(b) The board must approve the form, amount, and surety of
1866	1868		the bond.
1867	1869		(c) The authority shall pay the premiums on the bonds
1868	1870		required under this chapter. (Acts 69th Leg., 1st C.S., Ch. 3, Sec.
1869	1871		11.)
1870	1872		Sec. 8508.0064. AUTHORITY'S OFFICE. The authority shall
1871	1873		maintain its principal office inside its boundaries. (Acts 69th
1872	1874		Leg., 1st C.S., Ch. 3, Sec. 12.)
1873	1875		Sec. 8508.0065. NEGOTIATED RULEMAKING AND ALTERNATIVE
1874	1876		DISPUTE RESOLUTION. (a) The board shall develop a policy to
1875	1877		encourage the use of:
1876	1878		(1) negotiated rulemaking procedures under Chapter
1877	1879		2008, Government Code, for the adoption of authority rules; and
1878	1880		(2) appropriate alternative dispute resolution
1879	1881		procedures under Chapter 2009, Government Code, to assist in the
1880	1882		resolution of internal and external disputes under the authority's
1881	1883		jurisdiction.
1882	1884		(b) The authority's procedures relating to alternative
1883	1885		dispute resolution must conform, to the extent possible, to any
1884	1886		model guidelines issued by the State Office of Administrative
1885	1887		Hearings for the use of alternative dispute resolution by state
1886	1888		agencies.
1887	1889		(c) The authority shall:
1888	1890		(1) coordinate the implementation of the policy
1889	1891		adopted under Subsection (a);
1890	1892		(2) provide training as needed to implement the
1891	1893		procedures for negotiated rulemaking or alternative dispute
1892	1894		resolution; and
1893	1895		(3) collect data concerning the effectiveness of those
1894	1896		procedures. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 6B.)
1895	1897		Sec. 8508.0066. COMPLAINTS. (a) The authority shall
1896	1898		maintain a system to promptly and efficiently act on complaints
1897	1899		filed with the authority. The authority shall maintain information
1898	1900		about parties to the complaint, the subject matter of the
1899	1901		complaint, a summary of the results of the review or investigation
1900	1902		of the complaint, and its disposition.
1901	1903		(b) The authority shall make information available
1902	1904		describing its procedures for complaint investigation and
1903	1905		resolution.
1904	1906		(c) The authority shall periodically notify the parties to
1905	1907		the complaint of the status of the complaint until final
1906	1908		disposition. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 13A.)
1907	1909		SUBCHAPTER C. POWERS AND DUTIES
1908	1910		Sec. 8508.0101. GENERAL POWERS AND DUTIES. (a) The
1909	1911		authority shall:
1910	1912		(1) administer this chapter; and
1911	1913		(2) use its facilities and powers to accomplish the
1912	1914		purposes of this chapter.
1913	1915		(b) The authority may:
1914	1916		(1) exercise the powers, rights, and privileges
1915	1917		necessary or convenient for accomplishing the purposes of this
1916	1918		chapter; and
1917	1919		(2) perform any act necessary or convenient to the
1918	1920		exercise of the powers, rights, privileges, or functions conferred
1919	1921		by this chapter or other laws.
1920	1922		(c) The board may provide for any expenditures it considers
1921	1923		essential or useful in the maintenance, operation, and
1922	1924		administration of the authority. (Acts 69th Leg., 1st C.S., Ch. 3,
1923	1925		Secs. 16(a), (b), 38.)
1924	1926		Sec. 8508.0102. EFFECT OF POWERS OF AUTHORITY ON POWERS OF
1925	1927		OTHER DISTRICTS; COORDINATION AND JOINT UNDERTAKINGS AMONG
1926	1928		DISTRICTS. (a) The powers granted to the authority by this chapter
1927	1929		are not intended to restrict the powers of any conservation and
1928	1930		reclamation district created under Section 59, Article XVI, Texas
1929	1931		Constitution, inside the basin or area of the authority. It is the
1930	1932		legislature's intent that the authority and those districts
1931	1933		exercise their respective powers in a cooperative manner.
1932	1934		(b) A district created under Section 59, Article XVI, or
1933	1935		Sections 52(b)(1) and (2), Article III, Texas Constitution, on or
1934	1936		before August 29, 1985, may:
1935	1937		(1) coordinate its plans with the authority; and
1936	1938		(2) enter into joint undertakings with the authority
1937	1939		for the purposes for which the entities are created.
1938	1940		(c) The acts taken under Subsection (b) must be approved by
1939	1941		a majority of the boards of directors of the district and authority.
1940	1942		(Acts 69th Leg., 1st C.S., Ch. 3, Secs. 16(c) (part), (d).)
1941	1943		Sec. 8508.0103. GENERAL POWERS RELATING TO WORKS AND WATER.
1942	1944		(a) The authority may exercise all the rights and powers of an
1943	1945		independent agency and a body politic and corporate to construct,
1944	1946		maintain, and operate, inside this state and in the watershed of the
1945	1947		Sulphur River and its tributaries inside or outside the boundaries
1946	1948		of the authority, any work considered essential:
1947	1949		(1) to the authority's operation; and
1948	1950		(2) for its administration in controlling, storing,
1949	1951		preserving, and distributing the water, including storm water and
1950	1952		floodwater, of the Sulphur River and its tributary streams.
1951	1953		(b) The authority may exercise the power of control and
1952	1954		regulation over the water of the Sulphur River and its tributaries
1953	1955		as this state may exercise, subject to the constitution and laws of
1954	1956		this state. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 1(d).)
1955	1957		Sec. 8508.0104. CONTROL AND USE OF WATERS. (a) The
1956	1958		authority may exercise power over the storm water and floodwater of
1957	1959		the basin.
1958	1960		(b) The authority may exercise the powers of control and use
1959	1961		of the state's water in the following manner and for the following
1960	1962		purposes:
1961	1963		(1) to provide for the control and coordination of
1962	1964		water use in the basin as a unit;
1963	1965		(2) to provide by adequate organization and
1964	1966		administration for the preservation of the rights of the people of
1965	1967		the different sections of the basin in the beneficial use of water;
1966	1968		(3) to provide for conserving storm water, floodwater,
1967	1969		and the unappropriated flow of the basin, including the storage,
1968	1970		control, transportation, treatment, and distribution of that
1969	1971		water, and the prevention of the escape of water without the maximum
1970	1972		of public service;
1971	1973		(4) to provide for the prevention of the devastation
1972	1974		of land from recurrent overflows;
1973	1975		(5) to provide for the protection of life and property
1974	1976		in the basin from uncontrolled floodwater;
1975	1977		(6) to provide for the conservation of water essential
1976	1978		for domestic and other water uses of the people of the basin,
1977	1979		including necessary water supplies for municipalities and
1978	1980		industrial districts;
1979	1981		(7) to provide for the irrigation of land in the basin
1980	1982		where irrigation is required for agricultural purposes or is
1981	1983		considered helpful to more profitable agricultural production;
1982	1984		(8) to provide for the equitable distribution of storm
1983	1985		water, floodwater, and unappropriated flow water to meet the
1984	1986		regional potential requirements for all uses;
1985	1987		(9) to provide for the encouragement and development
1986	1988		of drainage systems and provisions for the drainage of land in the
1987	1989		valleys of the basin needing drainage for profitable agricultural
1988	1990		and livestock production and industrial activities, and other
1989	1991		drainage of land for the most advantageous use;
1990	1992		(10) to provide for the conservation of soil against
1991	1993		destructive erosion to prevent the increased flood menace incident
1992	1994		to erosion;
1993	1995		(11) to control and make available for use storm
1994	1996		water, floodwater, and unappropriated flow water as authorized by
1995	1997		the commission in the development of commercial and industrial
1996	1998		enterprises in all sections of the watershed area of the authority;
1997	1999		(12) to provide for each purpose and use for which
1998	2000		storm water, floodwater, and unappropriated flow water when
1999	2001		controlled and conserved may be used in the performance of a useful
2000	2002		service as contemplated and authorized by the provisions of the
2001	2003		constitution and laws of this state;
2002	2004		(13) to control, store, and preserve the water of the
2003	2005		basin inside the authority for any useful purpose;
2004	2006		(14) to use, distribute, and sell water for any
2005	2007		beneficial purpose inside and outside the authority; and
2006	2008		(15) to acquire water and water rights inside and
2007	2009		outside the authority.
2008	2010		(c) The plans and works provided by the authority or under
2009	2011		the power of the authority should give primary consideration to the
2010	2012		necessary and potential needs for water by or in the various areas
2011	2013		in the watershed of the basin. (Acts 69th Leg., 1st C.S., Ch. 3,
2012	2014		Secs. 17(a), (b), (c).)
2013	2015		Sec. 8508.0105. USE OF BEDS AND BANKS OF SULPHUR RIVER AND
2014	2016		ITS TRIBUTARIES. Subject to the approval of the commission, the
2015	2017		authority may use the beds and banks of the Sulphur River and its
2016	2018		tributary streams for any purpose necessary to accomplish the
2017	2019		authority's plans for storing, controlling, conserving,
2018	2020		transporting, and distributing storm water, floodwater, and
2019	2021		appropriated flow waters for useful purposes. (Acts 69th Leg., 1st
2020	2022		C.S., Ch. 3, Sec. 36.)
2021	2023		Sec. 8508.0106. WATER CONSERVATION PROGRAM. (a) In this
2022	2024		section, "program of water conservation" means the use of
2023	2025		practices, techniques, and technologies that will reduce water
2024	2026		consumption, reduce water loss or waste, improve efficiency in
2025	2027		water use, or increase water recycling and reuse so that a water
2026	2028		supply is available for future uses.
2027	2029		(b) The authority shall adopt and implement a program of
2028	2030		water conservation consistent with rules and criteria adopted and
2029	2031		enforceable by the commission and development board for similarly
2030	2032		situated authorities. (Acts 69th Leg., 1st C.S., Ch. 3, Sec.
2031	2033		17(d).)
2032	2034		Sec. 8508.0107. GROUNDWATER. (a) The authority may
2033	2035		conduct surveys and studies of the groundwater supplies in the
2034	2036		authority to:
2035	2037		(1) determine the location and quantity of available
2036	2038		groundwater; and
2037	2039		(2) develop and ascertain other information that in
2038	2040		the judgment of the board may be necessary to fully develop water
2039	2041		uses from the groundwater in the authority.
2040	2042		(b) With the approval and under the supervision of the
2041	2043		commission, the authority may appropriate storm water and
2042	2044		floodwater to recharge underground freshwater-bearing sand and
2043	2045		aquifers in the basin. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 19.)
2044	2046		Sec. 8508.0108. APPLICABILITY OF CERTAIN ENVIRONMENTAL
2045	2047		LAWS. The authority is a river authority for the purposes and
2046	2048		definitions of Chapter 30, Water Code, and Chapter 383, Health and
2047	2049		Safety Code, as they apply to the authority. (Acts 69th Leg., 1st
2048	2050		C.S., Ch. 3, Sec. 20 (part).)
2049	2051		Sec. 8508.0109. PERMITS AND LICENSES. (a) The authority
2050	2052		must apply for any permit, license, or other grant of authority
2051	2053		required from the commission.
2052	2054		(b) The authority may apply for any permit, license, or
2053	2055		financial assistance it may need from any federal, state, or local
2054	2056		governmental agency. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 23(a),
2055	2057		(b).)
2056	2058		Sec. 8508.0110. CONSULTATION WITH COUNTY JUDGE FOR CERTAIN
2057	2059		PROPOSED PROJECTS. Before voting on a proposed project for which
2058	2060		the board will seek a permit, the board shall obtain advice on the
2059	2061		project from the county judge of each county in which the project is
2060	2062		proposed to be located. (Acts 69th Leg., 1st C.S., Ch. 3, Sec.
2061	2063		23(c).)
2062	2064		Sec. 8508.0111. SERVICE CONTRACTS AND CHARGES. (a) The
2063	2065		authority may enter into service contracts and may adopt
2064	2066		resolutions and orders establishing rates and providing for the
2065	2067		collection of fees and charges for:
2066	2068		(1) the sale or use of water;
2067	2069		(2) the services of water transmission, treatment, and
2068	2070		storage facilities;
2069	2071		(3) liquid waste collection, treatment, and disposal
2070	2072		services and facilities;
2071	2073		(4) the sale of power and electric energy; and
2072	2074		(5) any other services or facilities sold, furnished,
2073	2075		or supplied by the authority.
2074	2076		(b) The fees and charges must be sufficient to produce
2075	2077		revenues adequate to:
2076	2078		(1) pay expenses necessary for the operation and
2077	2079		maintenance of the authority's property and facilities;
2078	2080		(2) pay the principal of and interest on any bonds or
2079	2081		other obligations issued by the authority when due and payable;
2080	2082		(3) fulfill any reserve or other fund obligations of
2081	2083		the authority in connection with the bonds or other obligations;
2082	2084		and
2083	2085		(4) pay any other expenses the board may consider
2084	2086		necessary and proper for the authority's operations. (Acts 69th
2085	2087		Leg., 1st C.S., Ch. 3, Sec. 24.)
2086	2088		Sec. 8508.0112. ACQUISITION, MAINTENANCE, AND OPERATION OF
2087	2089		PROPERTY. The authority may purchase, lease, acquire by gift,
2088	2090		maintain, use, and operate property of any kind inside or outside
2089	2091		the authority that is appropriate for the exercise of its powers or
2090	2092		the accomplishment of its purposes. (Acts 69th Leg., 1st C.S., Ch.
2091	2093		3, Sec. 26(a).)
2092	2094		Sec. 8508.0113. ACQUISITION, CONSTRUCTION, MAINTENANCE,
2093	2095		AND OPERATION OF FACILITIES. The authority may acquire, construct,
2094	2096		extend, improve, maintain, reconstruct, use, and operate
2095	2097		facilities inside or outside the authority that are necessary or
2096	2098		convenient for the exercise of its powers, rights, duties, and
2097	2099		functions or the accomplishment of its purposes. (Acts 69th Leg.,
2098	2100		1st C.S., Ch. 3, Sec. 27.)
2099	2101		Sec. 8508.0114. EMINENT DOMAIN. (a) The authority may
2100	2102		exercise the power of eminent domain to acquire land inside or
2101	2103		outside the authority to carry out a power, right, privilege, or
2102	2104		function authorized by this chapter if the board, after notice and
2103	2105		hearing, determines that the action is necessary.
2104	2106		(b) The authority must exercise the power of eminent domain
2105	2107		in the manner provided by Chapter 21, Property Code, except that the
2106	2108		authority is not required to:
2107	2109		(1) give bond for appeal or bond for costs in a
2108	2110		condemnation suit or other suit to which it is a party; or
2109	2111		(2) deposit double the amount of any award in any suit.
2110	2112		(c) The authority's authority under this section to
2111	2113		exercise the power of eminent domain expired on September 1, 2013,
2112	2114		unless the authority submitted a letter to the comptroller in
2113	2115		accordance with Section 2206.101(b), Government Code, not later
2114	2116		than December 31, 2012. (Acts 69th Leg., 1st C.S., Ch. 3, Secs.
2115	2117		25(a), (b); New.)
2116	2118		Sec. 8508.0115. COST OF RELOCATING OR ALTERING PROPERTY.
2117	2119		(a) In this section, "sole expense" means the actual cost of
2118	2120		relocating, raising, lowering, rerouting, changing the grade of, or
2119	2121		altering the construction of a facility described by Subsection (b)
2120	2122		to provide comparable replacement without enhancement of the
2121	2123		facility, after deducting from that cost the net salvage value
2122	2124		derived from the old facility.
2123	2125		(b) If the authority's exercise of the power of eminent
2124	2126		domain makes necessary relocating, raising, lowering, rerouting,
2125	2127		changing the grade of, or altering the construction of a highway,
2126	2128		railroad, electric transmission or distribution line, telephone or
2127	2129		telegraph property or facility, or pipeline, the necessary action
2128	2130		shall be accomplished at the sole expense of the authority. (Acts
2129	2131		69th Leg., 1st C.S., Ch. 3, Sec. 25(c).)
2130	2132		Sec. 8508.0116. SALE, LEASE, EXCHANGE, OR OTHER DISPOSITION
2131	2133		OF PROPERTY. The authority may:
2132	2134		(1) sell any property or interest in property owned by
2133	2135		the authority by installments or otherwise, including a sale in any
2134	2136		manner prescribed or authorized by:
2135	2137		(A) Section 552.014, Local Government Code;
2136	2138		(B) Chapter 30, Water Code; or
2137	2139		(C) Chapter 383, Health and Safety Code; or
2138	2140		(2) lease, exchange, or otherwise dispose of any
2139	2141		property or interest in property. (Acts 69th Leg., 1st C.S., Ch. 3,
2140	2142		Sec. 26(b).)
2141	2143		Sec. 8508.0117. GENERAL CONTRACT POWERS. (a) The
2142	2144		authority may enter into a contract or execute an instrument that is
2143	2145		necessary or convenient for the exercise of its powers, rights,
2144	2146		duties, and functions or the accomplishment of its purposes.
2145	2147		(b) Notwithstanding any other law, the authority may:
2146	2148		(1) undertake and carry out an activity that is
2147	2149		related to or necessary in carrying out or performing a power or
2148	2150		function of the authority;
2149	2151		(2) enter into a contract, loan agreement, lease, or
2150	2152		installment sales agreement;
2151	2153		(3) acquire, purchase, construct, own, operate,
2152	2154		maintain, repair, improve, or extend, or loan, lease, sell, or
2153	2155		otherwise dispose of, including by such methods as a loan payment,
2154	2156		rental, sale, or installment sale, as the parties may agree, any
2155	2157		facility, plant, building, structure, equipment, or appliance or
2156	2158		property or any interest in property; and
2157	2159		(4) use any or all money or proceeds of bonds and other
2158	2160		obligations. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 29(a), (b).)
2159	2161		Sec. 8508.0118. POWER OF PERSONS TO CONTRACT WITH
2160	2162		AUTHORITY. (a) A person may contract with the authority in any
2161	2163		manner authorized by this chapter, Chapter 30, Water Code, or
2162	2164		Chapter 383, Health and Safety Code, with respect to water, waste,
2163	2165		pollution control, or any other facility or any service provided by
2164	2166		the authority.
2165	2167		(b) A public agency may enter into and execute a contract
2166	2168		described by Subsection (a) with the authority and may determine,
2167	2169		agree, and pledge that all or any part of its payments under the
2168	2170		contract is payable from the source described in Section 30.030(c),
2169	2171		Water Code, subject only to the authorization of the contract,
2170	2172		pledge, and payments by the public agency's governing body. The
2171	2173		public agency also may use and pledge any other available revenue or
2172	2174		resource for payment of amounts due under the contract as an
2173	2175		additional source of payment or as the sole source of payment.
2174	2176		(c) A public agency may:
2175	2177		(1) set fees, rates, charges, rentals, and other
2176	2178		amounts, including water charges and garbage collection or handling
2177	2179		fees, for any services or facilities provided by any utility
2178	2180		operated by it, or provided pursuant to or in connection with any
2179	2181		contract with the authority;
2180	2182		(2) charge those amounts to and collect those amounts
2181	2183		from its inhabitants or from any users or beneficiaries of the
2182	2184		utility, services, or facilities; and
2183	2185		(3) use and pledge that money to make payments to the
2184	2186		authority required under the contract and may covenant to do so in
2185	2187		amounts sufficient to make all or any part of those payments to the
2186	2188		authority when due.
2187	2189		(d) If a public agency and the authority agree in a
2188	2190		contract, the payments made by the public agency to the authority
2189	2191		under the contract are an expense of operation of any facilities or
2190	2192		utility operated by the public agency. (Acts 69th Leg., 1st C.S.,
2191	2193		Ch. 3, Secs. 29(c), (d).)
2192	2194		Sec. 8508.0119. AWARD OF CERTAIN CONTRACTS. (a) The
2193	2195		authority shall award a contract to the lowest and best bidder if:
2194	2196		(1) the contract is a:
2195	2197		(A) construction, maintenance, operation, or
2196	2198		repair contract;
2197	2199		(B) contract for the purchase of material,
2198	2200		equipment, or supplies; or
2199	2201		(C) contract for services other than technical,
2200	2202		scientific, legal, fiscal, or other professional services; and
2201	2203		(2) the contract:
2202	2204		(A) will require an estimated expenditure of more
2203	2205		than $10,000; or
2204	2206		(B) is for a term of six months or more.
2205	2207		(b) If the board finds that an extreme emergency exists, the
2206	2208		board may award a contract necessary to protect and preserve the
2207	2209		public health and welfare or the property of the authority without
2208	2210		using bidding procedures.
2209	2211		(c) The authority shall publish notice to bidders once each
2210	2212		week for three consecutive weeks before the date set for awarding
2211	2213		the contract. The notice must be published in a newspaper with
2212	2214		general circulation in the authority and may also be published in
2213	2215		any other appropriate publication.
2214	2216		(d) The notice is sufficient if it states:
2215	2217		(1) the time and place at which the bids will be
2216	2218		opened;
2217	2219		(2) the terms on which copies of the plans,
2218	2220		specifications, or other pertinent information may be obtained;
2219	2221		(3) the general nature of the work to be done; and
2220	2222		(4) the material, equipment, or supplies to be
2221	2223		purchased or the nonprofessional services to be rendered.
2222	2224		(e) A person who desires to bid on the construction of a work
2223	2225		or project that is advertised for bids shall, on written
2224	2226		application to the authority, be provided a copy of the plans and
2225	2227		specifications or other engineering and architectural documents
2226	2228		showing all of the details of the work to be done. The authority may
2227	2229		make a charge to cover the cost of making the copy.
2228	2230		(f) A bid must be:
2229	2231		(1) in writing;
2230	2232		(2) sealed and delivered to the authority; and
2231	2233		(3) accompanied by a certified check drawn on a
2232	2234		responsible bank in this state or, at the discretion of the
2233	2235		authority, a bid bond from a company approved by the authority, in
2234	2236		an amount equal to at least one percent of the total amount bid.
2235	2237		(g) The authority shall open bids at the place specified in
2236	2238		the published notice. The authority shall announce the bids. The
2237	2239		place where the bids are opened and announced must be open to the
2238	2240		public. The board shall make the award of the contract.
2239	2241		(h) The person with whom a contract is made shall provide
2240	2242		the performance and payment bonds required by law.
2241	2243		(i) A check or bond provided under Subsection (f) is
2242	2244		forfeited to the authority if the successful bidder fails or
2243	2245		refuses to:
2244	2246		(1) enter into a proper contract; or
2245	2247		(2) provide a bond as required by law.
2246	2248		(j) The authority may reject any or all bids and may waive
2247	2249		any irregularity in the bids.
2248	2250		(k) This section does not prohibit the authority from taking
2249	2251		the following actions by negotiated contract and without necessity
2250	2252		for advertising for bids:
2251	2253		(1) purchasing or acquiring land or an interest in
2252	2254		land from any person;
2253	2255		(2) acquiring, constructing, or improving pollution
2254	2256		control or waste collection and disposal facilities as provided by
2255	2257		Chapter 30, Water Code, Chapter 383, Health and Safety Code, or
2256	2258		other applicable law; or
2257	2259		(3) purchasing or acquiring surplus property from a
2258	2260		governmental entity. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 30(a),
2259	2261		(b), (c), (d), (e), (g), (h).)
2260	2262		Sec. 8508.0120. CONSTRUCTION CONTRACTS: PAYMENT. (a) The
2261	2263		contract price of any construction contract of the authority may be
2262	2264		paid in partial payments as the work progresses, but the payments
2263	2265		may not exceed 90 percent of the amount due at the time of the
2264	2266		payments as shown by the report of the engineer of the authority.
2265	2267		(b) During the progress of the work, the executive director
2266	2268		shall inspect the construction or have the construction inspected
2267	2269		by the authority's engineer or the engineer's assistants.
2268	2270		(c) On certification of the executive director and the
2269	2271		authority's engineer of the completion of the contract in
2270	2272		accordance with its terms and, in the case of any construction
2271	2273		contract for which notice to bidders is required by this chapter, on
2272	2274		approval of the board, the board shall draw a warrant on its
2273	2275		depository to pay the balance due on the contract. (Acts 69th Leg.,
2274	2276		1st C.S., Ch. 3, Sec. 30(f).)
2275	2277		Sec. 8508.0121. CONFLICT OF INTEREST IN CONTRACT. An
2276	2278		officer, agent, or employee of the authority who is financially
2277	2279		interested in a contract shall disclose that fact to the board
2278	2280		before the board votes on the acceptance of the contract. (Acts
2279	2281		69th Leg., 1st C.S., Ch. 3, Sec. 30(i).)
2280	2282		Sec. 8508.0122. SURVEYS AND ENGINEERING INVESTIGATIONS.
2281	2283		The authority may make surveys and engineering investigations to
2282	2284		develop information for its use. (Acts 69th Leg., 1st C.S., Ch. 3,
2283	2285		Sec. 34 (part).)
2284	2286		Sec. 8508.0123. PLANS. The board may make and determine
2285	2287		plans necessary to accomplish the purposes for which the authority
2286	2288		is created and may carry out the plans. (Acts 69th Leg., 1st C.S.,
2287	2289		Ch. 3, Sec. 34 (part).)
2288	2290		Sec. 8508.0124. ACCESS TO AUTHORITY PROPERTY. (a) To
2289	2291		provide for the safety and welfare of persons and their property or
2290	2292		for the protection and security of the authority's property and
2291	2293		facilities, the board may adopt rules with respect to the
2292	2294		authority's property and any water reservoir or dam the
2293	2295		construction, operation, or management of which is participated in
2294	2296		by the authority to control and regulate:
2295	2297		(1) ingress, egress, and use; and
2296	2298		(2) the operation of land and water vehicles.
2297	2299		(b) All public roads, streets, and state highways that as of
2298	2300		August 29, 1985, traversed the areas to be covered by any impounded
2299	2301		water shall remain open as a way of public passing to and from the
2300	2302		lakes created, unless changed by the authority. (Acts 69th Leg.,
2301	2303		1st C.S., Ch. 3, Sec. 35.)
2302	2304		Sec. 8508.0125. AUTHORITY TO EXERCISE POWERS OF POLITICAL
2303	2305		SUBDIVISIONS UNDER WATER CODE. The authority may exercise:
2304	2306		(1) the powers vested in political subdivisions under
2305	2307		Title 2, Water Code; and
2306	2308		(2) the powers necessary to enable the authority to
2307	2309		participate in programs administered by the development board,
2308	2310		including programs for:
2309	2311		(A) the acquisition and development of
2310	2312		facilities;
2311	2313		(B) the sale or lease of facilities; and
2312	2314		(C) financial assistance to political
2313	2315		subdivisions. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 37.)
2314	2316		Sec. 8508.0126. LIMITATIONS ON POWERS AND DUTIES OF
2315	2317		AUTHORITY; COMMISSION APPROVAL OF CERTAIN PLANS. (a) The powers
2316	2318		granted and duties prescribed by this chapter are subject to all
2317	2319		legislative declarations of public policy in the maximum use of the
2318	2320		storm water, floodwater, and unappropriated flow water of the basin
2319	2321		for the purposes for which the authority is created.
2320	2322		(b) The commission shall consider the adequacy of, and
2321	2323		approve or refuse to approve, any flood control or conservation
2322	2324		improvement plan that:
2323	2325		(1) is devised by the authority to achieve a plan or
2324	2326		purpose for which the authority was created; and
2325	2327		(2) contemplates improvements that are to be
2326	2328		supervised by the commission under general law. (Acts 69th Leg.,
2327	2329		1st C.S., Ch. 3, Secs. 39(a) (part), (b).)
2328	2330		Sec. 8508.0127. SUITS. (a) The authority may sue and be
2329	2331		sued in the name of the authority.
2330	2332		(b) Service of process may be accomplished by serving the
2331	2333		presiding officer or a vice president of the board or the executive
2332	2334		director. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 15(a), (b).)
2333	2335		SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW
2334	2336		PROVISIONS
2335	2337		Sec. 8508.0151. ADOPTION AND ENFORCEMENT OF RULES. (a) The
2336	2338		authority may adopt and enforce rules reasonably required to carry
2337	2339		out this chapter.
2338	2340		(b) The board shall adopt rules necessary for the conduct of
2339	2341		the authority's business.
2340	2342		(c) In adopting rules, the board shall comply, as
2341	2343		appropriate, with the requirements of Chapters 2001 and 2002,
2342	2344		Government Code.
2343	2345		(d) The board shall print its rules and provide copies to
2344	2346		any person on written request. (Acts 69th Leg., 1st C.S., Ch. 3,
2345	2347		Secs. 6(h), 31.)
2346	2348		Sec. 8508.0152. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A
2347	2349		person who violates a rule or order of the authority is subject to a
2348	2350		civil penalty of not less than $50 or more than $1,000 for each day
2349	2351		of violation.
2350	2352		(b) The authority may sue to recover the penalty in a
2351	2353		district court in the county in which the violation occurred. A
2352	2354		penalty shall be paid to the authority.
2353	2355		(c) The authority may sue for injunctive relief in a
2354	2356		district court in the county in which the violation of a rule or
2355	2357		order occurred or is threatened.
2356	2358		(d) The authority may sue for injunctive relief and a
2357	2359		penalty in the same proceeding. (Acts 69th Leg., 1st C.S., Ch. 3,
2358	2360		Sec. 32.)
2359	2361		Sec. 8508.0153. COURT REVIEW. (a) A person who is
2360	2362		adversely affected by a rule or order of the authority may sue the
2361	2363		authority in a district court to set aside the rule or order before
2362	2364		the 31st day after the date on which the rule or order takes effect.
2363	2365		(b) Venue for a suit under Subsection (a) is in any county
2364	2366		located wholly or partly in the authority. (Acts 69th Leg., 1st
2365	2367		C.S., Ch. 3, Sec. 33.)
2366	2368		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
2367	2369		Sec. 8508.0201. DISBURSEMENT OF MONEY. The authority may
2368	2370		disburse its money only by a check, draft, order, or other
2369	2371		instrument signed by the person or persons authorized in the
2370	2372		board's rules or by board resolution. (Acts 69th Leg., 1st C.S.,
2371	2373		Ch. 3, Sec. 40.)
2372	2374		Sec. 8508.0202. ACCOUNTS, CONTRACTS, AND OTHER RECORDS;
2373	2375		PUBLIC INSPECTION. (a) The authority shall keep complete and
2374	2376		accurate accounts of its business transactions in accordance with
2375	2377		generally accepted methods of accounting.
2376	2378		(b) The authority shall keep its accounts, contracts,
2377	2379		documents, minutes, and other records at its principal office.
2378	2380		(c) Except as otherwise required by law, the authority may
2379	2381		not disclose any records that it has relating to trade secrets or
2380	2382		the economics of operation of any business or industry.
2381	2383		(d) Except as provided by Subsection (c), the authority
2382	2384		shall permit reasonable public inspection of its records during
2383	2385		regular business hours under rules adopted by the board. (Acts 69th
2384	2386		Leg., 1st C.S., Ch. 3, Secs. 13(a), (c), (d), (e).)
2385	2387		Sec. 8508.0203. FEES AND CHARGES. (a) The authority shall
2386	2388		establish fees and charges.
2387	2389		(b) The fees and charges may not exceed the amount necessary
2388	2390		to fulfill the obligations imposed by this chapter. (Acts 69th
2389	2391		Leg., 1st C.S., Ch. 3, Sec. 41.)
2390	2392		Sec. 8508.0204. TRUST MONEY. Money collected by or
2391	2393		donated, granted, loaned, or advanced to the authority is trust
2392	2394		money for the purposes provided by this chapter. (Acts 69th Leg.,
2393	2395		1st C.S., Ch. 3, Sec. 44.)
2394	2396		Sec. 8508.0205. TAXES AND TAX DEBT PROHIBITED. The
2395	2397		authority may not:
2396	2398		(1) impose a tax; or
2397	2399		(2) create debt payable from taxes. (Acts 69th Leg.,
2398	2400		1st C.S., Ch. 3, Sec. 1(c).)
2399	2401		Sec. 8508.0206. DEPOSITORY. (a) The board shall designate
2400	2402		one or more banks inside or outside the authority to serve as a
2401	2403		depository for the authority's money.
2402	2404		(b) Authority money shall be deposited in a depository bank,
2403	2405		except that the following may be handled as provided in a trust
2404	2406		indenture or resolution:
2405	2407		(1) bond proceeds or proceeds of other obligations;
2406	2408		(2) money pledged to pay the obligations described by
2407	2409		Subdivision (1);
2408	2410		(3) money placed in special funds; and
2409	2411		(4) money remitted to a bank of payment for the payment
2410	2412		of the principal of and interest on obligations.
2411	2413		(c) To the extent that money in a depository bank or a
2412	2414		trustee bank is not invested or insured by the Federal Deposit
2413	2415		Insurance Corporation, the money must be secured in the manner
2414	2416		provided by law for the security of county money.
2415	2417		(d) The board shall prescribe the term of service for a
2416	2418		depository.
2417	2419		(e) Before designating a depository bank, the board shall:
2418	2420		(1) publish notice one time in one or more newspapers
2419	2421		of general circulation in the authority that are specified by the
2420	2422		board; or
2421	2423		(2) mail a copy of the notice to each bank inside the
2422	2424		authority.
2423	2425		(f) The notice must:
2424	2426		(1) state the time and place at which the board will
2425	2427		meet to designate a depository bank or banks; and
2426	2428		(2) invite the banks to submit an application to be
2427	2429		designated a depository.
2428	2430		(g) At the time stated in the notice, the board shall:
2429	2431		(1) consider the application and the management and
2430	2432		condition of each bank that applies; and
2431	2433		(2) designate as a depository the bank or banks:
2432	2434		(A) that offer the most favorable terms for
2433	2435		handling the money; and
2434	2436		(B) that the board finds have proper management
2435	2437		and are in condition to handle the money.
2436	2438		(h) Membership on the board of an officer or director of a
2437	2439		bank does not disqualify the bank from being designated as a
2438	2440		depository.
2439	2441		(i) If the board does not receive an application before the
2440	2442		time stated in the notice, the board shall designate one or more
2441	2443		banks inside or outside the authority as a depository on terms the
2442	2444		board considers advantageous to the authority. (Acts 69th Leg.,
2443	2445		1st C.S., Ch. 3, Sec. 47.)
2444	2446		Sec. 8508.0207. INVESTMENT OF AUTHORITY MONEY; APPLICATION
2445	2447		OF INCOME FROM INVESTMENTS. (a) Money in the treasury that is not
2446	2448		required for the current payment of obligations of the authority or
2447	2449		for sinking funds and that the board considers available for
2448	2450		investment may be invested or reinvested by the authority in:
2449	2451		(1) direct obligations of the United States;
2450	2452		(2) obligations the principal and interest of which
2451	2453		are guaranteed by the United States;
2452	2454		(3) direct obligations of or participation
2453	2455		certificates guaranteed by:
2454	2456		(A) a farm credit bank;
2455	2457		(B) the Federal National Mortgage Association;
2456	2458		(C) a federal home loan bank; or
2457	2459		(D) a bank for cooperatives;
2458	2460		(4) certificates of deposit of a bank or trust company
2459	2461		the deposits of which are fully secured by a pledge of securities of
2460	2462		any of the institutions specified by this subsection;
2461	2463		(5) other securities eligible for investment under
2462	2464		other laws; or
2463	2465		(6) a combination of the investments listed in this
2464	2466		subsection.
2465	2467		(b) The board shall determine the type and maturity of
2466	2468		investments made under this section.
2467	2469		(c) A resolution relating to the issuance of bonds or other
2468	2470		obligations must include appropriate provisions relating to the
2469	2471		investment of money in funds established in connection with the
2470	2472		authorization of those bonds or other obligations.
2471	2473		(d) The board shall direct the application of income from
2472	2474		investments made under this section. (Acts 69th Leg., 1st C.S., Ch.
2473	2475		3, Sec. 45.)
2474	2476		Sec. 8508.0208. FISCAL YEAR. The authority's fiscal year
2475	2477		ends on August 31 of each year. (Acts 69th Leg., 1st C.S., Ch. 3,
2476	2478		Sec. 46(a).)
2477	2479		Sec. 8508.0209. AUDIT. (a) In addition to including the
2478	2480		information required by Subchapter G, Chapter 49, Water Code, the
2479	2481		audit report prepared under that subchapter must state:
2480	2482		(1) the amount of money received by the authority
2481	2483		under this chapter during the preceding fiscal year; and
2482	2484		(2) how, to whom, and for what purpose the money was
2483	2485		spent.
2484	2486		(b) A copy of the audit report prepared under Subchapter G,
2485	2487		Chapter 49, Water Code, shall be filed:
2486	2488		(1) as required by Section 49.194, Water Code;
2487	2489		(2) with the governor;
2488	2490		(3) with the lieutenant governor;
2489	2491		(4) with the speaker of the house of representatives;
2490	2492		(5) with the attorney general; and
2491	2493		(6) with the comptroller. (Acts 69th Leg., 1st C.S.,
2492	2494		Ch. 3, Secs. 46(c), (d); New.)
2493	2495		SUBCHAPTER F. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS
2494	2496		Sec. 8508.0251. LOANS AND GRANTS. (a) The authority may:
2495	2497		(1) borrow money or accept a grant or donation for its
2496	2498		corporate purposes from any person, including a private source, the
2497	2499		United States, this state, or a local government; and
2498	2500		(2) enter into an agreement in connection with a loan,
2499	2501		grant, or donation accepted under Subdivision (1).
2500	2502		(b) The source of money accepted by the authority is public
2501	2503		information. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 42.)
2502	2504		Sec. 8508.0252. POWER TO APPLY FOR MONEY FOR ENGINEERING
2503	2505		SURVEYS, DATA COMPILATION AND COLLECTION, AND OTHER PURPOSES. (a)
2504	2506		The authority may apply to this state, the United States, or any
2505	2507		other person for money necessary to:
2506	2508		(1) secure engineering surveys and the compilation and
2507	2509		collection of data relating to regional and general conditions
2508	2510		entering into and influencing the character and extent of the
2509	2511		improvements necessary to accomplish the storage, control,
2510	2512		transportation, treatment, conservation, and equitable
2511	2513		distribution to the greatest public advantage of the storm water,
2512	2514		floodwater, and normal flow water that is stored and controlled; or
2513	2515		(2) accomplish or carry out any of the other purposes
2514	2516		of this chapter.
2515	2517		(b) The authority:
2516	2518		(1) shall request an amount it considers sufficient;
2517	2519		(2) may make the necessary agreements with the party
2518	2520		providing the money; and
2519	2521		(3) may appropriate the amount of the estimated
2520	2522		equitable contribution of the costs of developing essential
2521	2523		engineering data. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 43.)
2522	2524		Sec. 8508.0253. POWER TO ISSUE BONDS OR OTHER OBLIGATIONS.
2523	2525		(a) For the purpose of carrying out any power provided by this
2524	2526		chapter, including the payment of the expenses of preparing the
2525	2527		master plan and the payment of engineering and other expenses, the
2526	2528		authority may issue bonds or other obligations in one general class
2527	2529		secured by a pledge of all or part of the revenue accruing to the
2528	2530		authority from any source, including the revenue received from:
2529	2531		(1) the sale of water or other products;
2530	2532		(2) the rendition of services;
2531	2533		(3) tolls; and
2532	2534		(4) charges.
2533	2535		(b) The obligations must be authorized by a board
2534	2536		resolution. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 48(a), (b)
2535	2537		(part).)
2536	2538		Sec. 8508.0254. REFUNDING BONDS. (a) The authority may
2537	2539		issue refunding bonds to refund outstanding obligations issued
2538	2540		under this chapter.
2539	2541		(b) Refunding bonds may be issued in the manner provided by
2540	2542		Chapter 1207, Government Code. (Acts 69th Leg., 1st C.S., Ch. 3,
2541	2543		Sec. 49 (part).)
2542	2544		Sec. 8508.0255. FORM OF OBLIGATIONS. Authority obligations
2543	2545		must:
2544	2546		(1) be in the form prescribed by the board;
2545	2547		(2) be issued in the authority's name;
2546	2548		(3) be signed by the presiding officer or a vice
2547	2549		president;
2548	2550		(4) be attested by the secretary; and
2549	2551		(5) bear the authority seal. (Acts 69th Leg., 1st
2550	2552		C.S., Ch. 3, Secs. 48(b) (part), (c) (part).)
2551	2553		Sec. 8508.0256. MATURITY. Authority obligations must
2552	2554		mature not later than 50 years after the date of their issuance.
2553	2555		(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 48(c) (part).)
2554	2556		Sec. 8508.0257. TRUST INDENTURE. Authority obligations may
2555	2557		be further secured by a trust indenture with a corporate trustee.
2556	2558		(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 48(c) (part).)
2557	2559		Sec. 8508.0258. ADDITIONAL OBLIGATIONS. A pledge of
2558	2560		revenue may reserve the right, under specified conditions, to issue
2559	2561		additional obligations that will be on a parity with or subordinate
2560	2562		to the obligations then being issued. (Acts 69th Leg., 1st C.S.,
2561	2563		Ch. 3, Sec. 48(d) (part).)
2562	2564		Sec. 8508.0259. ADDITIONAL PROVISIONS IN RESOLUTION
2563	2565		AUTHORIZING OBLIGATIONS OR TRUST INDENTURE. (a) The resolution
2564	2566		authorizing obligations or the trust indenture further securing
2565	2567		obligations may specify additional provisions that constitute a
2566	2568		contract between the authority and the owners of those obligations.
2567	2569		(b) The board may provide for the additional provisions,
2568	2570		including a corporate trustee or receiver provided by the authority
2569	2571		to take possession of authority facilities in the event of the
2570	2572		authority's default in fulfilling the covenants. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 48(f).)
2571	2573		CHAPTER 8509. PALO DURO WATER DISTRICT
2572	2574		SUBCHAPTER A. GENERAL PROVISIONS
2573	2575		Sec. 8509.0001. DEFINITIONS
2574	2576		Sec. 8509.0002. NATURE OF DISTRICT
2575	2577		Sec. 8509.0003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
2576	2578		Sec. 8509.0004. DISTRICT TERRITORY
2577	2579		Sec. 8509.0005. CORRECTION OF INVALID PROCEDURES
2578	2580		SUBCHAPTER B. PROCEDURES FOR ANNEXATION, WITHDRAWAL, OR
2579	2581		DISSOLUTION
2580	2582		Sec. 8509.0051. ANNEXATION OF TERRITORY
2581	2583		Sec. 8509.0052. WITHDRAWAL FROM OR DISSOLUTION OF
2582	2584		DISTRICT
2583	2585		SUBCHAPTER C. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
2584	2586		Sec. 8509.0101. COMPOSITION OF BOARD; TERMS
2585	2587		Sec. 8509.0102. QUALIFICATIONS FOR OFFICE
2586	2588		Sec. 8509.0103. REMOVAL
2587	2589		Sec. 8509.0104. VACANCY
2588	2590		Sec. 8509.0105. OFFICERS
2589	2591		Sec. 8509.0106. VOTE BY BOARD PRESIDENT
2590	2592		Sec. 8509.0107. EMPLOYEES
2591	2593		Sec. 8509.0108. DIRECTOR'S AND TREASURER'S BONDS
2592	2594		Sec. 8509.0109. COMPENSATION OF DIRECTORS
2593	2595		Sec. 8509.0110. INTEREST IN CONTRACT
2594	2596		Sec. 8509.0111. DIRECTOR TRAINING PROGRAM
2595	2597		Sec. 8509.0112. SEPARATION OF POLICYMAKING AND
2596	2598		MANAGEMENT FUNCTIONS
2597	2599		Sec. 8509.0113. COMPLAINTS
2598	2600		Sec. 8509.0114. NEGOTIATED RULEMAKING AND ALTERNATIVE
2599	2601		DISPUTE RESOLUTION
2600	2602		Sec. 8509.0115. PUBLIC COMMENT POLICY
2601	2603		Sec. 8509.0116. EXPENDITURES
2602	2604		Sec. 8509.0117. SEAL
2603	2605		SUBCHAPTER D. POWERS AND DUTIES
2604	2606		Sec. 8509.0151. GENERAL WATER SUPPLY POWERS
2605	2607		Sec. 8509.0152. GENERAL PROPERTY POWER
2606	2608		Sec. 8509.0153. CONTRACTS TO SUPPLY WATER AND OPERATE
2607	2609		FACILITIES
2608	2610		Sec. 8509.0154. CONTROL OF STORM AND FLOOD WATERS
2609	2611		Sec. 8509.0155. DISTRICT TO RECEIVE AND ACCEPT
2610	2612		TECHNICAL AND FINANCIAL ASSISTANCE
2611	2613		Sec. 8509.0156. WATER APPROPRIATION PERMITS
2612	2614		Sec. 8509.0157. UNDERGROUND SOURCES OF WATER
2613	2615		Sec. 8509.0158. LIMITATION ON CONSTRUCTION OF CERTAIN
2614	2616		FACILITIES
2615	2617		Sec. 8509.0159. DISPOSAL OF DISTRICT PROPERTY
2616	2618		Sec. 8509.0160. EMINENT DOMAIN
2617	2619		Sec. 8509.0161. COST OF RELOCATING OR ALTERING
2618	2620		PROPERTY
2619	2621		Sec. 8509.0162. CERTAIN POWERS RELATED TO DISTRICT
2620	2622		PROPERTY
2621	2623		Sec. 8509.0163. PARKS AND RECREATION FACILITIES
2622	2624		Sec. 8509.0164. SURVEYS AND INVESTIGATIONS
2623	2625		SUBCHAPTER E. REGULATORY POWERS
2624	2626		Sec. 8509.0201. ADOPTION OF RULES
2625	2627		Sec. 8509.0202. ENFORCEMENT OF RULES; PENALTY
2626	2628		Sec. 8509.0203. NOTICE OF RULE PROVIDING PENALTY
2627	2629		Sec. 8509.0204. JUDICIAL NOTICE OF RULES
2628	2630		Sec. 8509.0205. ENFORCEMENT BY PEACE OFFICERS
2629	2631		SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
2630	2632		Sec. 8509.0251. TAX METHOD
2631	2633		Sec. 8509.0252. AUTHORITY TO IMPOSE TAX; LIMITATION ON
2632	2634		TAX RATE; TAX ELECTION
2633	2635		Sec. 8509.0253. DEPOSITORY
2634	2636		Sec. 8509.0254. PAYMENT OF TAX OR ASSESSMENT NOT
2635	2637		REQUIRED
2636	2638		SUBCHAPTER G. BONDS
2637	2639		Sec. 8509.0301. AUTHORITY TO ISSUE BONDS
2638	2640		Sec. 8509.0302. FORM OF BONDS
2639	2641		Sec. 8509.0303. MATURITY
2640	2642		Sec. 8509.0304. ELECTION FOR BONDS PAYABLE FROM AD
2641	2643		VALOREM TAXES
2642	2644		Sec. 8509.0305. BONDS PAYABLE FROM REVENUE
2643	2645		Sec. 8509.0306. BONDS PAYABLE FROM AD VALOREM TAXES
2644	2646		Sec. 8509.0307. TAX AND RATE REQUIREMENTS
2645	2647		Sec. 8509.0308. ADDITIONAL SECURITY
2646	2648		Sec. 8509.0309. TRUST INDENTURE
2647	2649		Sec. 8509.0310. INTERIM BONDS OR NOTES
2648	2650		Sec. 8509.0311. USE OF BOND PROCEEDS
2649	2651		Sec. 8509.0312. APPOINTMENT OF RECEIVER
2650	2652		Sec. 8509.0313. REFUNDING BONDS
2651	2653		Sec. 8509.0314. LIMITATION ON RIGHTS OF BONDHOLDERS
2652	2654		Sec. 8509.0315. BONDS EXEMPT FROM TAXATION
2653	2655		CHAPTER 8509. PALO DURO WATER DISTRICT
2654	2656		SUBCHAPTER A. GENERAL PROVISIONS
2655	2657		Sec. 8509.0001. DEFINITIONS. In this chapter:
2656	2658		(1) "Board" means the district's board of directors.
2657	2659		(2) "Commission" means the Texas Commission on
2658	2660		Environmental Quality.
2659	2661		(3) "Director" means a board member.
2660	2662		(4) "District" means the Palo Duro Water District.
2661	2663		(5) "Member entity" means a county or municipality
2662	2664		that is a member of the district. (Acts 63rd Leg., R.S., Ch. 438,
2663	2665		Sec. 1B.)
2664	2666		Sec. 8509.0002. NATURE OF DISTRICT. The district is a
2665	2667		conservation and reclamation district created under Section 59,
2666	2668		Article XVI, Texas Constitution, and a political subdivision of
2667	2669		this state. (Acts 63rd Leg., R.S., Ch. 438, Sec. 1.)
2668	2670		Sec. 8509.0003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
2669	2671		(a) The legislature finds that:
2670	2672		(1) all land included in the district will benefit
2671	2673		from the improvements to be acquired and constructed by the
2672	2674		district; and
2673	2675		(2) the district is created to serve a public use and
2674	2676		benefit.
2675	2677		(b) The accomplishment of the purposes stated in this
2676	2678		chapter is for the benefit of the people of this state and for the
2677	2679		improvement of their property and industries. The district, in
2678	2680		carrying out the purposes of this chapter, will be performing an
2679	2681		essential public function under the Texas Constitution. (Acts 63rd
2680	2682		Leg., R.S., Ch. 438, Secs. 2 (part), 26 (part).)
2681	2683		Sec. 8509.0004. DISTRICT TERRITORY. Unless modified under
2682	2684		Subchapter J, Chapter 49, Water Code, this chapter or its
2683	2685		predecessor statute, Chapter 438, Acts of the 63rd Legislature,
2684	2686		Regular Session, 1973, or other law, the district's territory
2685	2687		comprises all of the territory contained in:
2686	2688		(1) Hansford and Moore Counties; and
2687	2689		(2) the City of Stinnett. (Acts 63rd Leg., R.S.,
2688	2690		Ch. 438, Sec. 2 (part); New.)
2689	2691		Sec. 8509.0005. CORRECTION OF INVALID PROCEDURES. If a
2690	2692		court holds that any procedure under this chapter violates the
2691	2693		Texas Constitution or the United States Constitution, the board by
2692	2694		resolution may provide an alternative procedure that conforms with
2693	2695		the constitution. (Acts 63rd Leg., R.S., Ch. 438, Sec. 31 (part).)
2694	2696		SUBCHAPTER B. PROCEDURES FOR ANNEXATION, WITHDRAWAL, OR
2695	2697		DISSOLUTION
2696	2698		Sec. 8509.0051. ANNEXATION OF TERRITORY. (a) Territory,
2697	2699		whether or not contiguous to the district, may be annexed to the
2698	2700		district in the manner provided by this section.
2699	2701		(b) The board may annex territory or a municipality under
2700	2702		this section only if a petition requesting annexation is filed with
2701	2703		the board. The petition must:
2702	2704		(1) describe the territory to be annexed by metes and
2703	2705		bounds, or otherwise, except that if the territory is the same as
2704	2706		that contained in the boundaries of a municipality, the petition is
2705	2707		sufficient if it states that the territory to be annexed is the
2706	2708		territory contained in the municipal boundaries; and
2707	2709		(2) be signed by 50 registered voters of the territory
2708	2710		or municipality to be annexed, or a majority of the registered
2709	2711		voters of that territory or municipality, whichever is fewer.
2710	2712		(c) If the board determines that the petition complies with
2711	2713		Subsection (b), that the annexation would be in the best interest of
2712	2714		the territory or municipality and the district, and that the
2713	2715		district will be able to supply water to the territory or
2714	2716		municipality, the board shall:
2715	2717		(1) adopt a resolution stating the conditions, if any,
2716	2718		under which the territory or municipality may be annexed to the
2717	2719		district; and
2718	2720		(2) set a time and place to hold a hearing on the
2719	2721		question of whether the territory or municipality to be annexed
2720	2722		will benefit from:
2721	2723		(A) the improvements, works, or facilities owned
2722	2724		or operated or contemplated to be owned or operated by the district;
2723	2725		or
2724	2726		(B) the other functions of the district.
2725	2727		(d) At least 10 days before the date of the hearing, notice
2726	2728		of the adoption of the resolution must be published one time in a
2727	2729		newspaper of general circulation in the territory or municipality
2728	2730		proposed to be annexed. The notice must:
2729	2731		(1) state the time and place of the hearing; and
2730	2732		(2) describe the territory in the same manner in which
2731	2733		Subsection (b) requires or permits the petition to describe the
2732	2734		territory.
2733	2735		(e) The hearing may proceed in the order and under the rules
2734	2736		prescribed by the board and may be recessed.
2735	2737		(f) Any interested person may appear at the hearing and
2736	2738		offer evidence for or against the annexation.
2737	2739		(g) If, at the conclusion of the hearing, the board finds
2738	2740		that the property in the territory or municipality will benefit
2739	2741		from the district's present or contemplated improvements, works, or
2740	2742		facilities, the board shall adopt a resolution making a finding of
2741	2743		the benefit and calling an election in the territory or
2742	2744		municipality to be annexed.
2743	2745		(h) The resolution must state:
2744	2746		(1) the date of the election;
2745	2747		(2) each place where the election will be held; and
2746	2748		(3) the proposition to be voted on.
2747	2749		(i) At least 10 days before the date set for the election,
2748	2750		notice of the election must be given by publishing a substantial
2749	2751		copy of the resolution calling the election one time in a newspaper
2750	2752		of general circulation in the territory proposed to be annexed.
2751	2753		(j) If a majority of the votes cast at the election are in
2752	2754		favor of annexation, the board by resolution shall annex the
2753	2755		territory to the district.
2754	2756		(k) An annexation under this section is incontestable
2755	2757		except in the manner and within the time for contesting elections
2756	2758		under the Election Code.
2757	2759		(l) In calling an election on the proposition for annexation
2758	2760		of the territory or municipality, the board may include, as part of
2759	2761		the same proposition or as a separate proposition, a proposition
2760	2762		for:
2761	2763		(1) the territory to assume its part of the district's
2762	2764		tax-supported bonds then outstanding and those bonds previously
2763	2765		voted but not yet sold; and
2764	2766		(2) an ad valorem tax to be imposed on taxable property
2765	2767		in the territory along with the tax in the rest of the district for
2766	2768		payment of the bonds and maintenance taxes to be imposed as
2767	2769		permitted by Section 8509.0252.
2768	2770		(m) If an election under Subsection (l) fails, the annexed
2769	2771		territory or municipality shall be excluded from the district.
2770	2772		(Acts 63rd Leg., R.S., Ch. 438, Secs. 13(d)(1), (2) (part), (3)
2771	2773		(part).)
2772	2774		Sec. 8509.0052. WITHDRAWAL FROM OR DISSOLUTION OF DISTRICT.
2773	2775		(a) A county or municipality may withdraw from the district or the
2774	2776		district may dissolve according to this section.
2775	2777		(b) To withdraw from the district or to dissolve the
2776	2778		district, the governing body of a member entity must issue an order
2777	2779		or adopt a resolution declaring the intent to withdraw from or to
2778	2780		dissolve the district. The order or resolution must state:
2779	2781		(1) the intention to withdraw from the district or to
2780	2782		call for the dissolution of the district; and
2781	2783		(2) the reasons supporting the withdrawal or
2782	2784		dissolution.
2783	2785		(c) Not later than the 30th day after the date the district
2784	2786		receives an order issued or resolution adopted under Subsection
2785	2787		(b), the district shall hold a public hearing on the matter
2786	2788		described by the order or resolution.
2787	2789		(d) For a proposed withdrawal of a county or municipality
2788	2790		from the district, the member entities must reach a financial
2789	2791		agreement that provides for sufficient revenue for maintaining the
2790	2792		Palo Duro Reservoir and the dam that impounds the water in the
2791	2793		reservoir.
2792	2794		(e) For a proposed dissolution of the district, the member
2793	2795		entities must reach a financial agreement that provides for the
2794	2796		transfer of:
2795	2797		(1) the ownership rights of the dam that impounds the
2796	2798		water in the Palo Duro Reservoir to an entity that assumes
2797	2799		responsibility for the maintenance of the dam and liability for
2798	2800		actions related to the dam;
2799	2801		(2) all district assets and liabilities to other
2800	2802		entities; and
2801	2803		(3) the responsibility for the continued provision of
2802	2804		services, if the district provides services.
2803	2805		(f) The board must provide an opportunity for the public to
2804	2806		comment on the financial agreement described by Subsection (d) or
2805	2807		(e) before the board votes as described by Subsection (g). The
2806	2808		period for public comment must last not less than 10 days.
2807	2809		(g) After consideration of the public comments submitted
2808	2810		under Subsection (f), the board shall vote on the issue described by
2809	2811		the order issued or resolution adopted under Subsection (b). The
2810	2812		board may proceed with the withdrawal or dissolution only if
2811	2813		two-thirds of all of the members of the board vote in favor of
2812	2814		withdrawal or dissolution.
2813	2815		(h) If the board votes in favor of withdrawal or dissolution
2814	2816		as provided by Subsection (g), the governing body of each member
2815	2817		entity shall vote on the matter of withdrawal or dissolution.
2816	2818		(i) A withdrawal or dissolution authorized under this
2817	2819		section does not take effect until:
2818	2820		(1) the governing body of each county and municipality
2819	2821		has voted in favor of withdrawal or dissolution;
2820	2822		(2) all conditions specified in the financial
2821	2823		agreement described by Subsection (d) or (e) have been met; and
2822	2824		(3) all actions described in the financial agreement
2823	2825		described by Subsection (d) or (e) have been completed. (Acts 63rd
2824	2826		Leg., R.S., Ch. 438, Sec. 13A.)
2825	2827		SUBCHAPTER C. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
2826	2828		Sec. 8509.0101. COMPOSITION OF BOARD; TERMS. (a) Four
2827	2829		directors are appointed by the commissioners court of each county
2828	2830		contained in the district, except for Hutchinson County, and one
2829	2831		director is appointed by the city council of the City of Stinnett.
2830	2832		(b) Directors serve staggered two-year terms expiring
2831	2833		December 31.
2832	2834		(c) Each December the commissioners court of each county
2833	2835		contained in the district, except for Hutchinson County, and the
2834	2836		city council of the City of Stinnett shall appoint a director or
2835	2837		directors from that county or city to succeed the director or
2836	2838		directors appointed by that commissioners court or city council
2837	2839		whose terms expire on the 31st day of that month. (Acts 63rd Leg.,
2838	2840		R.S., Ch. 438, Secs. 17(a), (b) (part), (c) (part).)
2839	2841		Sec. 8509.0102. QUALIFICATIONS FOR OFFICE. (a) A person
2840	2842		may be appointed a director by the commissioners court of a county
2841	2843		only if the person resides in and owns taxable property in the
2842	2844		county from which the person is appointed.
2843	2845		(b) A person may be appointed director by the city council
2844	2846		of the City of Stinnett only if the person resides in and owns
2845	2847		taxable property in the city.
2846	2848		(c) A member of a governing body of a county or of the City
2847	2849		of Stinnett or an employee of a county or of the City of Stinnett may
2848	2850		not be appointed director. (Acts 63rd Leg., R.S., Ch. 438,
2849	2851		Secs. 17(b) (part), (c) (part).)
2850	2852		Sec. 8509.0103. REMOVAL. Not earlier than the 10th day
2851	2853		after the date a director receives written notice of a charge
2852	2854		against the director, and after an opportunity to be heard in person
2853	2855		or through the appearance of counsel at a public hearing on the
2854	2856		matter of the charge described by the notice, the board may remove a
2855	2857		director for:
2856	2858		(1) inefficiency;
2857	2859		(2) neglect of duty; or
2858	2860		(3) misconduct in office. (Acts 63rd Leg., R.S.,
2859	2861		Ch. 438, Sec. 19C.)
2860	2862		Sec. 8509.0104. VACANCY. (a) If a director appointed by
2861	2863		the commissioners court of a county ceases to reside in the county
2862	2864		or otherwise ceases to serve as a director, the commissioners court
2863	2865		of that county shall appoint a director to fill the vacancy for the
2864	2866		unexpired term.
2865	2867		(b) If a director appointed by the city council of the City
2866	2868		of Stinnett ceases to reside in the city or otherwise ceases to
2867	2869		serve as a director, the city council of that city shall appoint a
2868	2870		director to fill the vacancy for the unexpired term. (Acts 63rd
2869	2871		Leg., R.S., Ch. 438, Secs. 17(b) (part), (c) (part).)
2870	2872		Sec. 8509.0105. OFFICERS. (a) The board shall elect from
2871	2873		the board's membership a president, a vice president, and any other
2872	2874		officers as the board determines necessary. The president is the
2873	2875		district's chief executive officer and the board's presiding
2874	2876		officer. Except as provided by Section 8509.0106, the vice
2875	2877		president shall act as president if the president is absent or fails
2876	2878		or declines to act.
2877	2879		(b) The board shall appoint a secretary and a treasurer, who
2878	2880		are not required to be directors. The board may combine the offices
2879	2881		of secretary and treasurer. (Acts 63rd Leg., R.S., Ch. 438, Sec. 18
2880	2882		(part).)
2881	2883		Sec. 8509.0106. VOTE BY BOARD PRESIDENT. The president has
2882	2884		the same right to vote as any other director. The vice president
2883	2885		may not exercise the president's right to vote. (Acts 63rd Leg.,
2884	2886		R.S., Ch. 438, Sec. 18 (part).)
2885	2887		Sec. 8509.0107. EMPLOYEES. The board may employ a general
2886	2888		manager, attorneys, accountants, engineers, or other technical or
2887	2889		nontechnical employees or assistants and set the amount and manner
2888	2890		of their compensation. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19
2889	2891		(part).)
2890	2892		Sec. 8509.0108. DIRECTOR'S AND TREASURER'S BONDS. (a) Each
2891	2893		director shall give bond in the amount of $5,000 conditioned on the
2892	2894		faithful performance of the director's duties.
2893	2895		(b) The treasurer shall give bond in an amount required by
2894	2896		the board. The treasurer's bond must be conditioned on the
2895	2897		treasurer's faithful accounting for all money that comes into the
2896	2898		treasurer's custody as district treasurer. (Acts 63rd Leg., R.S.,
2897	2899		Ch. 438, Secs. 17(c) (part), 18 (part).)
2898	2900		Sec. 8509.0109. COMPENSATION OF DIRECTORS. (a) Unless the
2899	2901		board by resolution increases the fee to an amount authorized by
2900	2902		Section 49.060, Water Code, each director:
2901	2903		(1) shall receive a fee for attending each board
2902	2904		meeting not to exceed $25 for a meeting or $50 in one calendar
2903	2905		month; and
2904	2906		(2) is entitled to an additional amount not to exceed
2905	2907		$25 for each day that the director devotes to serving the district's
2906	2908		business if the service is expressly approved by the board.
2907	2909		(b) In all areas of conflict with Subsection (a) of this
2908	2910		section, Section 49.060, Water Code, takes precedence. (Acts 63rd
2909	2911		Leg., R.S., Ch. 438, Sec. 17(d) (part); New.)
2910	2912		Sec. 8509.0110. INTEREST IN CONTRACT. (a) A director who
2911	2913		has a financial interest in a contract under consideration by the
2912	2914		district for the purchase, sale, lease, rental, or supply of
2913	2915		property, including supplies, materials, and equipment, or the
2914	2916		construction of facilities, shall disclose that fact to the other
2915	2917		directors and may not vote on or participate in discussions during
2916	2918		board meetings on the acceptance of the contract.
2917	2919		(b) A director's financial interest does not affect the
2918	2920		validity of a contract if disclosure is made and the director with
2919	2921		the financial interest does not vote on the question of entering
2920	2922		into the contract. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19B.)
2921	2923		Sec. 8509.0111. DIRECTOR TRAINING PROGRAM. (a) A person
2922	2924		who is appointed to and qualifies for office as a director may not
2923	2925		vote, deliberate, or be counted as a director in attendance at a
2924	2926		board meeting until the person completes a training program that
2925	2927		complies with this section.
2926	2928		(b) The training program must provide the person with
2927	2929		information regarding:
2928	2930		(1) the law governing district operations;
2929	2931		(2) the district's programs, functions, rules, and
2930	2932		budget;
2931	2933		(3) the scope of and limitations on the district's
2932	2934		rulemaking authority;
2933	2935		(4) the results of the district's most recent formal
2934	2936		audit;
2935	2937		(5) the requirements of:
2936	2938		(A) laws relating to open meetings, public
2937	2939		information, administrative procedure, and disclosing conflicts of
2938	2940		interest; and
2939	2941		(B) other laws applicable to members of the
2940	2942		governing body of a water district in performing their duties; and
2941	2943		(6) any applicable ethics policies adopted by the
2942	2944		board or the Texas Ethics Commission.
2943	2945		(c) A person appointed to the board is entitled to
2944	2946		reimbursement for the travel expenses incurred in attending the
2945	2947		training program regardless of whether the attendance at the
2946	2948		program occurs before or after the person qualifies for office.
2947	2949		(d) The board shall create a training manual that includes
2948	2950		the information required by Subsection (b). The board shall
2949	2951		distribute a copy of the training manual annually to each director.
2950	2952		On receipt of the training manual, each director shall sign a
2951	2953		statement acknowledging receipt of the training manual. (Acts 63rd
2952	2954		Leg., R.S., Ch. 438, Sec. 19D.)
2953	2955		Sec. 8509.0112. SEPARATION OF POLICYMAKING AND MANAGEMENT
2954	2956		FUNCTIONS. The board shall develop and implement policies that
2955	2957		clearly separate the policymaking responsibilities of the board and
2956	2958		the management responsibilities of the district's general manager
2957	2959		and staff. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19E.)
2958	2960		Sec. 8509.0113. COMPLAINTS. (a) The district shall
2959	2961		maintain a system to promptly and efficiently act on complaints
2960	2962		filed with the district. The district shall maintain information
2961	2963		about parties to the complaint, the subject matter of the
2962	2964		complaint, a summary of the results of the review or investigation
2963	2965		of the complaint, and its disposition.
2964	2966		(b) The district shall make information available
2965	2967		describing its procedures for complaint investigation and
2966	2968		resolution.
2967	2969		(c) The district shall periodically notify the parties to
2968	2970		the complaint of the status of the complaint until final
2969	2971		disposition. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19F.)
2970	2972		Sec. 8509.0114. NEGOTIATED RULEMAKING AND ALTERNATIVE
2971	2973		DISPUTE RESOLUTION. (a) The district shall develop a policy to
2972	2974		encourage the use of:
2973	2975		(1) negotiated rulemaking procedures under Chapter
2974	2976		2008, Government Code, for the adoption of district rules; and
2975	2977		(2) appropriate alternative dispute resolution
2976	2978		procedures under Chapter 2009, Government Code, to assist in the
2977	2979		resolution of internal and external disputes under the district's
2978	2980		jurisdiction.
2979	2981		(b) The district's procedures relating to alternative
2980	2982		dispute resolution must conform, to the extent possible, to any
2981	2983		model guidelines issued by the State Office of Administrative
2982	2984		Hearings for the use of alternative dispute resolution by state
2983	2985		agencies.
2984	2986		(c) The district shall:
2985	2987		(1) coordinate the implementation of the policy
2986	2988		adopted under Subsection (a);
2987	2989		(2) provide training as needed to implement the
2988	2990		procedures for negotiated rulemaking or alternative dispute
2989	2991		resolution; and
2990	2992		(3) collect data concerning the effectiveness of those
2991	2993		procedures. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19G.)
2992	2994		Sec. 8509.0115. PUBLIC COMMENT POLICY. The board shall
2993	2995		develop and implement policies that provide the public with a
2994	2996		reasonable opportunity to appear before the board and to speak on
2995	2997		any agenda item at board meetings. (Acts 63rd Leg., R.S., Ch. 438,
2996	2998		Sec. 19A.)
2997	2999		Sec. 8509.0116. EXPENDITURES. The board may provide for
2998	3000		the payment of expenditures considered essential to the proper
2999	3001		maintenance of the district and its affairs. (Acts 63rd Leg., R.S.,
3000	3002		Ch. 438, Sec. 19 (part).)
3001	3003		Sec. 8509.0117. SEAL. The board may adopt a seal for the
3002	3004		district. (Acts 63rd Leg., R.S., Ch. 438, Sec. 18 (part).)
3003	3005		SUBCHAPTER D. POWERS AND DUTIES
3004	3006		Sec. 8509.0151. GENERAL WATER SUPPLY POWERS. (a) The
3005	3007		district, inside or outside its boundaries, may:
3006	3008		(1) develop, construct, or purchase a dam or
3007	3009		reservoir;
3008	3010		(2) in order to preserve and protect the purity of the
3009	3011		waters of the state and of the district and conserve and reclaim
3010	3012		those waters for beneficial use by the district's inhabitants,
3011	3013		provide any plant, work, facility, or appliance incident to or
3012	3014		helpful or necessary to the collection, transportation,
3013	3015		processing, disposal, or control of those waters for agricultural,
3014	3016		municipal, domestic, oil field flooding, mining, or industrial
3015	3017		purposes;
3016	3018		(3) construct or purchase any plant or other facility
3017	3019		necessary or useful to:
3018	3020		(A) provide a source of water supply;
3019	3021		(B) store or process the water; or
3020	3022		(C) transport or distribute the water for
3021	3023		irrigation, livestock raising, agricultural, municipal, domestic,
3022	3024		or industrial purposes;
3023	3025		(4) impound, store, control, and conserve the storm
3024	3026		and flood waters and the unappropriated flow waters, including the
3025	3027		storm and flood waters and unappropriated flow waters of Palo Duro
3026	3028		Creek and Horse Creek, by complying with Subchapters A-D, Chapter
3027	3029		11, and Subchapter B, Chapter 12, Water Code;
3028	3030		(5) acquire or construct a dam or any work, plant, or
3029	3031		other facility necessary or useful to impound, process, or
3030	3032		transport water to a municipality or other entity for municipal,
3031	3033		agricultural, domestic, industrial, oil field flooding, or mining
3032	3034		purposes; and
3033	3035		(6) develop or purchase additional sources of water,
3034	3036		subject to Section 8509.0157.
3035	3037		(b) The district may acquire land inside or outside the
3036	3038		district's boundaries and construct, lease, or otherwise acquire
3037	3039		any work, plant, or other facility necessary or useful to:
3038	3040		(1) divert, further impound, or store water;
3039	3041		(2) process the water; or
3040	3042		(3) transport the water to a municipality or other
3041	3043		entity for agricultural, municipal, domestic, industrial, oil
3042	3044		field flooding, or mining purposes.
3043	3045		(c) The board shall determine the size of a dam and
3044	3046		reservoir developed, constructed, or purchased under Subsection
3045	3047		(a), taking into consideration probable future increases in water
3046	3048		requirements. The size of the dam may not be limited by the amount
3047	3049		of water the commission initially authorizes to be impounded by the
3048	3050		dam.
3049	3051		(d) The district may lease or otherwise acquire rights in
3050	3052		and to storage and storage capacity in any reservoir constructed or
3051	3053		to be constructed by any person or from the United States. (Acts
3052	3054		63rd Leg., R.S., Ch. 438, Secs. 3 (part), 8, 9, 12 (part).)
3053	3055		Sec. 8509.0152. GENERAL PROPERTY POWER. In addition to
3054	3056		powers granted the district under other law, the district has the
3055	3057		power to purchase, construct, maintain, or in any other manner
3056	3058		acquire, provide, and develop all works, facilities, improvements,
3057	3059		lands, easements, and properties that may be necessary or useful in
3058	3060		fulfilling any district purpose. (Acts 63rd Leg., R.S., Ch. 438,
3059	3061		Sec. 11 (part).)
3060	3062		Sec. 8509.0153. CONTRACTS TO SUPPLY WATER AND OPERATE
3061	3063		FACILITIES. (a) The district may contract with a municipality or
3062	3064		other entity to supply water to the municipality or entity.
3063	3065		(b) The district may contract with a municipality for the
3064	3066		rental or leasing of or for the operation of the municipality's
3065	3067		water production, water supply, and water filtration or
3066	3068		purification facilities on the consideration agreed to by the
3067	3069		district and the municipality.
3068	3070		(c) A contract entered into under this section may:
3069	3071		(1) be on terms and for the time agreed to by the
3070	3072		parties; and
3071	3073		(2) provide that the contract will continue in effect
3072	3074		until bonds specified in the contract and refunding bonds issued in
3073	3075		lieu of the bonds are paid. (Acts 63rd Leg., R.S., Ch. 438, Sec. 6.)
3074	3076		Sec. 8509.0154. CONTROL OF STORM AND FLOOD WATERS. The
3075	3077		district may:
3076	3078		(1) control, store, conserve, protect, distribute,
3077	3079		and use the storm and flood waters in the district for all useful
3078	3080		purposes permitted by law; and
3079	3081		(2) implement flood prevention and control measures in
3080	3082		the district and prevent or aid in preventing damage to district
3081	3083		lands and the soil and fertility of those lands. (Acts 63rd Leg.,
3082	3084		R.S., Ch. 438, Sec. 11 (part).)
3083	3085		Sec. 8509.0155. DISTRICT TO RECEIVE AND ACCEPT TECHNICAL
3084	3086		AND FINANCIAL ASSISTANCE. The district may receive and accept
3085	3087		technical and financial assistance from other districts or state
3086	3088		agencies or from the United States to accomplish the purposes
3087	3089		described by Sections 8509.0152 and 8509.0154. (Acts 63rd Leg.,
3088	3090		R.S., Ch. 438, Sec. 11 (part).)
3089	3091		Sec. 8509.0156. WATER APPROPRIATION PERMITS. (a) Through
3090	3092		an appropriate hearing, the district may obtain an appropriation
3091	3093		permit from the commission, as provided by Subchapters A-D, Chapter
3092	3094		11, and Subchapter B, Chapter 12, Water Code.
3093	3095		(b) On application of the district or at the will of the
3094	3096		commission and after an appropriate hearing, the commission may
3095	3097		modify an appropriation permit obtained by the district from the
3096	3098		commission to increase or decrease the amount of water that may be
3097	3099		appropriated and the amount that may be stored by the district to
3098	3100		meet fluctuating demands.
3099	3101		(c) On application by the district or by the commission's
3100	3102		own action, the commission shall redetermine the maximum amount of
3101	3103		water that the district may store in the district's reservoir. In
3102	3104		making this determination, the commission shall consider the needs
3103	3105		of the municipalities and other entities that purchase water from
3104	3106		the district.
3105	3107		(d) The district may acquire a water appropriation permit
3106	3108		from a permit owner. (Acts 63rd Leg., R.S., Ch. 438, Secs. 7, 12
3107	3109		(part).)
3108	3110		Sec. 8509.0157. UNDERGROUND SOURCES OF WATER. The district
3109	3111		may not develop or otherwise acquire underground sources of water.
3110	3112		(Acts 63rd Leg., R.S., Ch. 438, Sec. 5(a) (part).)
3111	3113		Sec. 8509.0158. LIMITATION ON CONSTRUCTION OF CERTAIN
3112	3114		FACILITIES. The district may not construct a dam or other facility
3113	3115		for impounding water unless the plans for the dam or facility are
3114	3116		approved by the commission. (Acts 63rd Leg., R.S., Ch. 438, Sec.
3115	3117		5(a) (part).)
3116	3118		Sec. 8509.0159. DISPOSAL OF DISTRICT PROPERTY. The
3117	3119		district may sell, trade, or otherwise dispose of any property
3118	3120		considered by the district not to be needed for district purposes,
3119	3121		subject to the terms of any deed of trust or other indenture. (Acts
3120	3122		63rd Leg., R.S., Ch. 438, Sec. 5(b).)
3121	3123		Sec. 8509.0160. EMINENT DOMAIN. (a) To carry out a power
3122	3124		conferred by this chapter, the district may exercise the power of
3123	3125		eminent domain to acquire:
3124	3126		(1) the fee simple title to land and other property and
3125	3127		easements inside the district, including land needed for a
3126	3128		reservoir or dam or a flood easement above the probable high-water
3127	3129		line around a reservoir; and
3128	3130		(2) the fee simple title to land and other property and
3129	3131		easements outside the district, except for land, other property,
3130	3132		and easements to be used for a dam or facility for the impoundment
3131	3133		or storage of water.
3132	3134		(b) The district must exercise the power of eminent domain
3133	3135		in the manner provided by Chapter 21, Property Code.
3134	3136		(c) The district is a municipal corporation for the purposes
3135	3137		of Section 21.021, Property Code.
3136	3138		(d) The district may not exercise the power of eminent
3137	3139		domain to acquire property owned by any other political
3138	3140		subdivision.
3139	3141		(e) In exercising the power of eminent domain against a
3140	3142		person that has the power of eminent domain or a receiver or trustee
3141	3143		for that person, the district may acquire an easement only and not
3142	3144		the fee title.
3143	3145		(f) The board shall determine the amount of and the type of
3144	3146		interest in land, other property, or easements to be acquired under
3145	3147		this section.
3146	3148		(g) The district's authority under this section to exercise
3147	3149		the power of eminent domain expired on September 1, 2013, unless the
3148	3150		district submitted a letter to the comptroller in accordance with
3149	3151		Section 2206.101(b), Government Code, not later than December 31,
3150	3152		2012. (Acts 63rd Leg., R.S., Ch. 438, Sec. 10; New.)
3151	3153		Sec. 8509.0161. COST OF RELOCATING OR ALTERING PROPERTY.
3152	3154		If the district's exercise of the power of eminent domain, the power
3153	3155		of relocation, or any other power granted by this chapter makes
3154	3156		necessary relocating, raising, rerouting, changing the grade of, or
3155	3157		altering the construction of a highway, railroad, electric
3156	3158		transmission line, telephone or telegraph property or facility, or
3157	3159		pipeline, the necessary action shall be accomplished at the
3158	3160		district's sole expense. (Acts 63rd Leg., R.S., Ch. 438, Sec. 15.)
3159	3161		Sec. 8509.0162. CERTAIN POWERS RELATED TO DISTRICT
3160	3162		PROPERTY. The district may:
3161	3163		(1) lease the hunting rights on property owned by the
3162	3164		district;
3163	3165		(2) develop, manage, or lease property owned by the
3164	3166		district for any recreational purpose; and
3165	3167		(3) lease property owned by the district to a person
3166	3168		seeking to develop renewable energy resources. (Acts 63rd Leg.,
3167	3169		R.S., Ch. 438, Sec. 3A.)
3168	3170		Sec. 8509.0163. PARKS AND RECREATION FACILITIES. The
3169	3171		district may establish or otherwise provide for public parks and
3170	3172		recreation facilities and may acquire land in the district for
3171	3173		those purposes. (Acts 63rd Leg., R.S., Ch. 438, Sec. 14.)
3172	3174		Sec. 8509.0164. SURVEYS AND INVESTIGATIONS. The board may
3173	3175		conduct a survey or an engineering investigation to provide
3174	3176		information for the district to facilitate the accomplishment of a
3175	3177		district purpose. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19 (part).)
3176	3178		SUBCHAPTER E. REGULATORY POWERS
3177	3179		Sec. 8509.0201. ADOPTION OF RULES. The board may adopt
3178	3180		reasonable rules to:
3179	3181		(1) secure, maintain, and preserve the sanitary
3180	3182		condition of water in and water that flows into any reservoir owned
3181	3183		by the district;
3182	3184		(2) prevent waste of or the unauthorized use of water;
3183	3185		and
3184	3186		(3) regulate residence, hunting, fishing, boating,
3185	3187		camping, and any other recreational or business privilege along or
3186	3188		around any reservoir, body of land, or easement owned by the
3187	3189		district. (Acts 63rd Leg., R.S., Ch. 438, Sec. 13(a).)
3188	3190		Sec. 8509.0202. ENFORCEMENT OF RULES; PENALTY. (a) The
3189	3191		district by rule may prescribe reasonable penalties for the
3190	3192		violation of a district rule.
3191	3193		(b) A penalty may consist of a fine not to exceed $200.
3192	3194		(c) A penalty prescribed under this section is in addition
3193	3195		to any other penalty provided by the laws of this state. (Acts 63rd
3194	3196		Leg., R.S., Ch. 438, Sec. 13(b) (part).)
3195	3197		Sec. 8509.0203. NOTICE OF RULE PROVIDING PENALTY. (a) If
3196	3198		the district adopts a rule that provides a penalty, the district
3197	3199		must publish a substantive statement of the rule and the penalty
3198	3200		once a week for two consecutive weeks in each county in which any
3199	3201		part of the reservoir to which the rule applies is situated.
3200	3202		(b) A single statement must be as condensed as possible so
3201	3203		that the act prohibited by the rule can be easily understood.
3202	3204		(c) The statement may include notice of any number of rules.
3203	3205		(d) The notice must state that:
3204	3206		(1) a person who violates the rule is subject to a
3205	3207		penalty; and
3206	3208		(2) the rule is on file in the district's principal
3207	3209		office, where the rule may be read by any interested person.
3208	3210		(e) A rule takes effect five days after the date of second
3209	3211		publication of the statement under this section. (Acts 63rd Leg.,
3210	3212		R.S., Ch. 438, Sec. 13(b) (part).)
3211	3213		Sec. 8509.0204. JUDICIAL NOTICE OF RULES. A court shall
3212	3214		take judicial notice of a rule adopted under this subchapter and
3213	3215		published as required by Section 8509.0203, and the court shall
3214	3216		consider the rule to be similar in nature to a penal ordinance of a
3215	3217		municipality. (Acts 63rd Leg., R.S., Ch. 438, Sec. 13(b) (part).)
3216	3218		Sec. 8509.0205. ENFORCEMENT BY PEACE OFFICERS. (a) A
3217	3219		licensed peace officer may make an arrest when necessary to prevent
3218	3220		or abate the commission of an offense:
3219	3221		(1) in violation of a district rule or a law of this
3220	3222		state that occurs or threatens to occur on any land, water, or
3221	3223		easement owned or controlled by the district; or
3222	3224		(2) involving damage to any property owned or
3223	3225		controlled by the district.
3224	3226		(b) A peace officer may make an arrest under Subsection
3225	3227		(a)(2) at any location. (Acts 63rd Leg., R.S., Ch. 438, Sec.
3226	3228		13(c).)
3227	3229		SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
3228	3230		Sec. 8509.0251. TAX METHOD. (a) The district shall use the
3229	3231		ad valorem plan of taxation.
3230	3232		(b) The board is not required to hold a hearing on the
3231	3233		adoption of a plan of taxation. (Acts 63rd Leg., R.S., Ch. 438,
3232	3234		Sec. 16 (part).)
3233	3235		Sec. 8509.0252. AUTHORITY TO IMPOSE TAX; LIMITATION ON TAX
3234	3236		RATE; TAX ELECTION. (a) If a tax is authorized at an election under
3235	3237		Section 49.107, Water Code, the district annually may impose an ad
3236	3238		valorem tax on the taxable property in the district to provide
3237	3239		money:
3238	3240		(1) necessary to construct or acquire, maintain, and
3239	3241		operate dams, works, plants, and facilities considered essential or
3240	3242		beneficial to the district and the district's purposes; or
3241	3243		(2) adequate to defray the cost of the district's
3242	3244		maintenance, operation, and administration.
3243	3245		(b) The district may not impose an ad valorem tax for the
3244	3246		district's maintenance, operation, and administration that exceeds
3245	3247		50 cents on the $100 assessed valuation of the taxable property in
3246	3248		the district.
3247	3249		(c) An election for the imposition of taxes authorized by
3248	3250		this section must be:
3249	3251		(1) ordered by the board; and
3250	3252		(2) held and conducted in the manner provided by this
3251	3253		chapter relating to elections for the authorization of bonds.
3252	3254		(Acts 63rd Leg., R.S., Ch. 438, Sec. 27 (part).)
3253	3255		Sec. 8509.0253. DEPOSITORY. (a) The board shall designate
3254	3256		one or more banks in the district to serve as depository for the
3255	3257		district's money.
3256	3258		(b) District money shall be deposited with a designated
3257	3259		depository bank or banks, except that:
3258	3260		(1) money pledged to pay bonds may be deposited with
3259	3261		the trustee bank named in the trust agreement; and
3260	3262		(2) money shall be remitted to the bank of payment for
3261	3263		the payment of principal of and interest on bonds.
3262	3264		(c) To the extent that money in a depository bank or a
3263	3265		trustee bank is not insured by the Federal Deposit Insurance
3264	3266		Corporation, the money must be secured in the manner provided by law
3265	3267		for the security of county funds.
3266	3268		(d) The board shall prescribe the terms of service for
3267	3269		depositories.
3268	3270		(e) Before designating a depository bank, the board shall
3269	3271		issue a notice that:
3270	3272		(1) states the time and place at which the board will
3271	3273		meet to designate a depository bank or banks; and
3272	3274		(2) invites the banks in the district to submit an
3273	3275		application to be designated as a depository.
3274	3276		(f) The notice must be published one time in a newspaper or
3275	3277		newspapers published in the district and specified by the board.
3276	3278		(g) At the time stated in the notice, the board shall:
3277	3279		(1) consider the application and the management and
3278	3280		condition of each bank that applies; and
3279	3281		(2) designate as a depository the bank or banks that:
3280	3282		(A) offer the most favorable terms for handling
3281	3283		the money; and
3282	3284		(B) the board finds have proper management and
3283	3285		are in condition to handle the money.
3284	3286		(h) Membership on the board of an officer or director of a
3285	3287		bank does not disqualify the bank from being designated as a
3286	3288		depository.
3287	3289		(i) If the board does not receive any applications before
3288	3290		the time stated in the notice, the board shall designate one or more
3289	3291		banks located inside or outside the district on terms that the board
3290	3292		finds advantageous to the district. (Acts 63rd Leg., R.S., Ch. 438,
3291	3293		Sec. 29.)
3292	3294		Sec. 8509.0254. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
3293	3295		The district is not required to pay a tax or assessment on a
3294	3296		district project or any part of the project. (Acts 63rd Leg., R.S.,
3295	3297		Ch. 438, Sec. 26 (part).)
3296	3298		SUBCHAPTER G. BONDS
3297	3299		Sec. 8509.0301. AUTHORITY TO ISSUE BONDS. (a) The district
3298	3300		may issue bonds to carry out any power conferred by this chapter,
3299	3301		including to provide a source of water supply for municipalities
3300	3302		and other users for agricultural, municipal, domestic, industrial,
3301	3303		oil field flooding, and mining purposes.
3302	3304		(b) The bonds must be authorized by a board resolution.
3303	3305		(Acts 63rd Leg., R.S., Ch. 438, Secs. 20(a) (part), (b) (part), (c),
3304	3306		(e) (part).)
3305	3307		Sec. 8509.0302. FORM OF BONDS. District bonds must be:
3306	3308		(1) issued in the district's name;
3307	3309		(2) signed by the president or vice president; and
3308	3310		(3) attested by the secretary. (Acts 63rd Leg., R.S.,
3309	3311		Ch. 438, Sec. 20(b) (part).)
3310	3312		Sec. 8509.0303. MATURITY. District bonds must mature not
3311	3313		later than 40 years after the date of their issuance. (Acts 63rd
3312	3314		Leg., R.S., Ch. 438, Sec. 20(b) (part).)
3313	3315		Sec. 8509.0304. ELECTION FOR BONDS PAYABLE FROM AD VALOREM
3314	3316		TAXES. (a) Bonds, other than refunding bonds, payable wholly or
3315	3317		partly from ad valorem taxes may not be issued unless authorized by
3316	3318		a majority vote of the voters voting at an election held for that
3317	3319		purpose.
3318	3320		(b) The board may call an election under this section
3319	3321		without a petition. The resolution calling the election must
3320	3322		specify:
3321	3323		(1) the time and places at which the election will be
3322	3324		held;
3323	3325		(2) the purpose for which the bonds will be issued;
3324	3326		(3) the maximum amount of the bonds;
3325	3327		(4) the maximum maturity of the bonds;
3326	3328		(5) the form of the ballot; and
3327	3329		(6) the presiding judge for each polling place.
3328	3330		(c) Notice of the election must be given by publishing a
3329	3331		substantial copy of the resolution calling the election in one
3330	3332		newspaper published in each municipality contained in the district
3331	3333		for two consecutive weeks. The first publication must be not later
3332	3334		than the 21st day before the date of the election. In any
3333	3335		municipality in which a newspaper is not published, notice must be
3334	3336		given by posting a copy of the resolution in three public places.
3335	3337		(d) The district may issue bonds not payable wholly or
3336	3338		partly from ad valorem taxes without an election. (Acts 63rd Leg.,
3337	3339		R.S., Ch. 438, Secs. 23(a), (b).)
3338	3340		Sec. 8509.0305. BONDS PAYABLE FROM REVENUE. (a) In this
3339	3341		section, "net revenue" means the district's gross revenue and
3340	3342		income from all sources less the amount necessary to pay the cost of
3341	3343		maintaining and operating the district and the district's property.
3342	3344		(b) Bonds issued under this subchapter may be secured under
3343	3345		board resolution by a pledge of:
3344	3346		(1) all or part of the district's net revenue;
3345	3347		(2) the net revenue of one or more contracts made
3346	3348		before or after the issuance of the bonds; or
3347	3349		(3) other revenue or income specified by board
3348	3350		resolution or in the trust indenture.
3349	3351		(c) The pledge may reserve the right to issue additional
3350	3352		bonds on a parity with, or subordinate to, the bonds being issued,
3351	3353		subject to conditions specified by the pledge. (Acts 63rd Leg.,
3352	3354		R.S., Ch. 438, Secs. 20(a) (part), (d).)
3353	3355		Sec. 8509.0306. BONDS PAYABLE FROM AD VALOREM TAXES. The
3354	3356		board may issue bonds payable, as pledged by board resolution,
3355	3357		from:
3356	3358		(1) ad valorem taxes imposed on taxable property in
3357	3359		the district; or
3358	3360		(2) ad valorem taxes and revenue of the district.
3359	3361		(Acts 63rd Leg., R.S., Ch. 438, Secs. 20(a) (part), (e) (part).)
3360	3362		Sec. 8509.0307. TAX AND RATE REQUIREMENTS. (a) If the
3361	3363		district issues bonds payable wholly or partly from ad valorem
3362	3364		taxes, the board shall impose an ad valorem tax on the taxable
3363	3365		property in the district sufficient to pay the principal of and the
3364	3366		interest on the bonds as the bonds and interest become due without
3365	3367		limit as to the rate or the amount. The board may adopt the rate of
3366	3368		the tax for any year after considering the money received from the
3367	3369		pledged revenue available for payment of principal and interest to
3368	3370		the extent and in the manner permitted by the resolution
3369	3371		authorizing the issuance of the bonds.
3370	3372		(b) If the district issues bonds payable wholly or partly
3371	3373		from revenue, the board shall set and revise the rates of
3372	3374		compensation for water sold and services rendered by the district.
3373	3375		(c) For bonds payable wholly from revenue, the rates of
3374	3376		compensation must be sufficient to:
3375	3377		(1) pay the expense of operating and maintaining the
3376	3378		district's facilities;
3377	3379		(2) pay the bonds as they mature and the interest as it
3378	3380		accrues; and
3379	3381		(3) maintain the reserve and other funds as provided
3380	3382		by the resolution authorizing the issuance of the bonds.
3381	3383		(d) For bonds payable partly from revenue, the rates of
3382	3384		compensation must be sufficient to assure compliance with the
3383	3385		resolution authorizing the issuance of the bonds. (Acts 63rd Leg.,
3384	3386		R.S., Ch. 438, Secs. 20(e) (part), (f), 28(h).)
3385	3387		Sec. 8509.0308. ADDITIONAL SECURITY. (a) District bonds,
3386	3388		including refunding bonds, that are not payable wholly from ad
3387	3389		valorem taxes may be additionally secured, at the board's
3388	3390		discretion, by a deed of trust or mortgage lien on the district's
3389	3391		physical property and all franchises, easements, water rights and
3390	3392		appropriation permits, leases, and contracts and all rights
3391	3393		appurtenant to the property, vesting in the trustee power to:
3392	3394		(1) sell the property for the payment of the debt;
3393	3395		(2) operate the property; and
3394	3396		(3) take other action to further secure the bonds.
3395	3397		(b) A purchaser under a sale under the deed of trust lien, if
3396	3398		one is given:
3397	3399		(1) is the absolute owner of the property, facilities,
3398	3400		and rights purchased; and
3399	3401		(2) is entitled to maintain and operate the property,
3400	3402		facilities, and rights. (Acts 63rd Leg., R.S., Ch. 438, Sec. 22
3401	3403		(part).)
3402	3404		Sec. 8509.0309. TRUST INDENTURE. (a) District bonds,
3403	3405		including refunding bonds, that are not payable wholly from ad
3404	3406		valorem taxes may be additionally secured by a trust indenture. The
3405	3407		trustee may be a bank with trust powers located inside or outside
3406	3408		the state.
3407	3409		(b) A trust indenture, regardless of the existence of a deed
3408	3410		of trust or mortgage lien on property, may:
3409	3411		(1) provide for the security of the bonds and the
3410	3412		preservation of the trust estate as prescribed by the board;
3411	3413		(2) provide for amendment or modification of the trust
3412	3414		indenture;
3413	3415		(3) provide for the issuance of bonds to replace lost
3414	3416		or mutilated bonds;
3415	3417		(4) condition the right to spend district money or
3416	3418		sell district property on the approval of a licensed engineer
3417	3419		selected as provided by the trust indenture; and
3418	3420		(5) provide for the investment of district money.
3419	3421		(Acts 63rd Leg., R.S., Ch. 438, Sec. 22 (part).)
3420	3422		Sec. 8509.0310. INTERIM BONDS OR NOTES. Before issuing
3421	3423		definitive bonds, the board may issue interim bonds or notes
3422	3424		exchangeable for definitive bonds. (Acts 63rd Leg., R.S., Ch. 438,
3423	3425		Sec. 20(a) (part).)
3424	3426		Sec. 8509.0311. USE OF BOND PROCEEDS. (a) The district may
3425	3427		set aside an amount of proceeds from the sale of bonds issued under
3426	3428		this subchapter for the payment of interest expected to accrue
3427	3429		during construction and a reserve interest and sinking fund. The
3428	3430		resolution authorizing the bonds may provide for setting aside and
3429	3431		using the proceeds as provided by this subsection.
3430	3432		(b) The district may use proceeds from the sale of the bonds
3431	3433		to pay any expense necessarily incurred in accomplishing the
3432	3434		district's purpose, including any expense of issuing and selling
3433	3435		the bonds.
3434	3436		(c) The proceeds from the sale of the bonds may be
3435	3437		temporarily invested in direct obligations of the United States
3436	3438		maturing not later than the first anniversary of the date of
3437	3439		investment. (Acts 63rd Leg., R.S., Ch. 438, Sec. 20(g).)
3438	3440		Sec. 8509.0312. APPOINTMENT OF RECEIVER. (a) On default or
3439	3441		threatened default in the payment of principal of or interest on
3440	3442		bonds issued under this subchapter that are payable wholly or
3441	3443		partly from revenue, a court may, on petition of the holders of
3442	3444		outstanding bonds, appoint a receiver for the district.
3443	3445		(b) The receiver may collect and receive all district income
3444	3446		except taxes, employ and discharge district agents and employees,
3445	3447		take charge of money on hand, except money received from taxes,
3446	3448		unless commingled, and manage the district's proprietary affairs
3447	3449		without the consent of or hindrance by the board.
3448	3450		(c) The receiver may be authorized to sell or contract for
3449	3451		the sale of water or to renew those contracts with the approval of
3450	3452		the court that appointed the receiver.
3451	3453		(d) The court may vest the receiver with any other power or
3452	3454		duty the court finds necessary to protect the bondholders. (Acts
3453	3455		63rd Leg., R.S., Ch. 438, Sec. 20(h) (part).)
3454	3456		Sec. 8509.0313. REFUNDING BONDS. (a) The district may
3455	3457		issue refunding bonds to refund outstanding bonds issued under
3456	3458		this subchapter and interest on those bonds.
3457	3459		(b) Refunding bonds may:
3458	3460		(1) be issued to refund bonds of more than one series;
3459	3461		(2) combine the pledges for the outstanding bonds for
3460	3462		the security of the refunding bonds; or
3461	3463		(3) be secured by a pledge of other or additional
3462	3464		revenue or mortgage liens.
3463	3465		(c) The provisions of this subchapter regarding the
3464	3466		issuance of other bonds, their security, and the remedies of the
3465	3467		holders apply to refunding bonds.
3466	3468		(d) The comptroller shall register the refunding bonds on
3467	3469		surrender and cancellation of the bonds to be refunded.
3468	3470		(e) Instead of issuing bonds to be registered on the
3469	3471		surrender and cancellation of the bonds to be refunded, the
3470	3472		district, in the resolution authorizing the issuance of the
3471	3473		refunding bonds, may provide for the sale of the refunding bonds and
3472	3474		the deposit of the proceeds in a bank at which the bonds to be
3473	3475		refunded are payable. In that case, the refunding bonds may be
3474	3476		issued in an amount sufficient to pay the principal of and interest
3475	3477		on the bonds to be refunded to their option date or maturity date,
3476	3478		and the comptroller shall register the refunding bonds without the
3477	3479		surrender and cancellation of the bonds to be refunded. (Acts 63rd
3478	3480		Leg., R.S., Ch. 438, Sec. 21.)
3479	3481		Sec. 8509.0314. LIMITATION ON RIGHTS OF BONDHOLDERS. The
3480	3482		resolution authorizing the bonds or the trust indenture securing
3481	3483		the bonds may limit or qualify the rights of the holders of less
3482	3484		than all of the outstanding bonds payable from the same source to
3483	3485		institute or prosecute litigation affecting the district's
3484	3486		property or income. (Acts 63rd Leg., R.S., Ch. 438, Sec. 20(h)
3485	3487		(part).)
3486	3488		Sec. 8509.0315. BONDS EXEMPT FROM TAXATION. A district
3487	3489		bond, the transfer of the bond, and the income from the bond,
3488	3490		including profits made on the sale of the bond, are exempt from
3489	3491		taxation in this state. (Acts 63rd Leg., R.S., Ch. 438, Sec. 26
3490	3492		(part).)
3491	3493		SECTION 1.04. DISTRICTS GOVERNING GROUNDWATER. Subtitle H,
3492	3494		Title 6, Special District Local Laws Code, is amended by adding Chapters 8893 and 8894 to read as follows:
3493	3495		CHAPTER 8893. LIVE OAK UNDERGROUND WATER CONSERVATION DISTRICT
3494	3496		SUBCHAPTER A. GENERAL PROVISIONS
3495	3497		Sec. 8893.0001. DEFINITIONS
3496	3498		Sec. 8893.0002. NATURE OF DISTRICT
3497	3499		Sec. 8893.0003. DISTRICT TERRITORY
3498	3500		Sec. 8893.0004. CONFLICTS OF LAW
3499	3501		SUBCHAPTER B. BOARD OF DIRECTORS
3500	3502		Sec. 8893.0051. COMPOSITION OF BOARD; TERMS
3501	3503		Sec. 8893.0052. ELECTION OF DIRECTORS
3502	3504		Sec. 8893.0053. ELECTION OF DIRECTORS AFTER ANNEXATION
3503	3505		Sec. 8893.0054. ELECTION DATE
3504	3506		Sec. 8893.0055. QUALIFICATIONS FOR OFFICE
3505	3507		SUBCHAPTER C. POWERS AND DUTIES
3506	3508		Sec. 8893.0101. GENERAL POWERS AND DUTIES
3507	3509		Sec. 8893.0102. ADMINISTRATIVE PROCEDURES
3508	3510		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3509	3511		Sec. 8893.0151. TAX AND BOND PROVISIONS
3510	3512		CHAPTER 8893. LIVE OAK UNDERGROUND WATER CONSERVATION DISTRICT
3511	3513		SUBCHAPTER A. GENERAL PROVISIONS
3512	3514		Sec. 8893.0001. DEFINITIONS. In this chapter:
3513	3515		(1) "Board" means the district's board of directors.
3514	3516		(2) "Director" means a board member.
3515	3517		(3) "District" means the Live Oak Underground Water
3516	3518		Conservation District. (Acts 71st Leg., R.S., Ch. 715, Sec. 2;
3517	3519		New.)
3518	3520		Sec. 8893.0002. NATURE OF DISTRICT. The district is
3519	3521		created to provide for the conservation, preservation, protection,
3520	3522		recharge, and prevention of waste of the groundwater reservoirs
3521	3523		located under district land, consistent with the objectives of
3522	3524		Section 59, Article XVI, Texas Constitution, and Chapter 36, Water
3523	3525		Code. (Acts 71st Leg., R.S., Ch. 715, Sec. 4.)
3524	3526		Sec. 8893.0003. DISTRICT TERRITORY. The district includes
3525	3527		the territory in Live Oak County unless the district's territory
3526	3528		has been modified under:
3527	3529		(1) Subchapter J or K, Chapter 36, Water Code; or
3528	3530		(2) other law. (Acts 71st Leg., R.S., Ch. 715, Sec. 3;
3529	3531		New.)
3530	3532		Sec. 8893.0004. CONFLICTS OF LAW. (a) This section applies
3531	3533		only to a provision of Chapter 36, Water Code, enacted on or before
3532	3534		June 12, 2017.
3533	3535		(b) If there is a conflict between this chapter and Chapter
3534	3536		36, Water Code, this chapter controls. (Acts 71st Leg., R.S., Ch.
3535	3537		715, Sec. 13; New.)
3536	3538		SUBCHAPTER B. BOARD OF DIRECTORS
3537	3539		Sec. 8893.0051. COMPOSITION OF BOARD; TERMS. (a) The
3538	3540		district is governed by a board of five directors.
3539	3541		(b) Directors serve staggered four-year terms. (Acts 71st
3540	3542		Leg., R.S., Ch. 715, Secs. 12(a), (d).)
3541	3543		Sec. 8893.0052. ELECTION OF DIRECTORS. One director is
3542	3544		elected from each county commissioners precinct in Live Oak County.
3543	3545		One director is elected from the district at large. (Acts 71st Leg.,
3544	3546		R.S., Ch. 715, Sec. 12(c) (part).)
3545	3547		Sec. 8893.0053. ELECTION OF DIRECTORS AFTER ANNEXATION.
3546	3548		The board shall determine to which precinct annexed land will be
3547	3549		added for purposes of election of directors. (Acts 71st Leg., R.S.,
3548	3550		Ch. 715, Sec. 11.)
3549	3551		Sec. 8893.0054. ELECTION DATE. The district shall hold an
3550	3552		election to elect the appropriate number of directors in each
3551	3553		even-numbered year. (Acts 71st Leg., R.S., Ch. 715, Sec. 12(e).)
3552	3554		Sec. 8893.0055. QUALIFICATIONS FOR OFFICE. (a) To be
3553	3555		qualified for election as a director, a person must be:
3554	3556		(1) a resident of the district; and
3555	3557		(2) at least 18 years of age.
3556	3558		(b) To represent a commissioner precinct, a person must be a
3557	3559		resident of the precinct. (Acts 71st Leg., R.S., Ch. 715, Secs.
3558	3560		12(b), (c) (part).)
3559	3561		SUBCHAPTER C. POWERS AND DUTIES
3560	3562		Sec. 8893.0101. GENERAL POWERS AND DUTIES. The district
3561	3563		has:
3562	3564		(1) the powers essential to accomplish the purposes of
3563	3565		Section 59, Article XVI, Texas Constitution; and
3564	3566		(2) the rights, powers, duties, privileges, and
3565	3567		functions provided by Chapter 36, Water Code, and other laws of this
3566	3568		state relating to groundwater conservation districts. (Acts 71st
3567	3569		Leg., R.S., Ch. 715, Secs. 1, 5.)
3568	3570		Sec. 8893.0102. ADMINISTRATIVE PROCEDURES. Except as
3569	3571		otherwise provided by this chapter, the administrative and
3570	3572		procedural provisions of Chapter 36, Water Code, apply to the
3571	3573		district. (Acts 71st Leg., R.S., Ch. 715, Sec. 6.)
3572	3574		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
3573	3575		Sec. 8893.0151. TAX AND BOND PROVISIONS. (a) Except as
3574	3576		provided by Subsection (b), the tax and bond provisions of
3575	3577		Subchapters F and G, Chapter 36, Water Code, apply to the district.
3576	3578		(b) Notwithstanding Section 36.201(b), Water Code, the
3577	3579		district may annually levy taxes to pay the maintenance and
3578	3580		operating expenses of the district at a rate not to exceed five
3579	3581		cents on each $100 of assessed valuation. (Acts 71st Leg., R.S., Ch. 715, Sec. 9.)
3580	3582		CHAPTER 8894. HEMPHILL COUNTY UNDERGROUND WATER CONSERVATION
3581	3583		DISTRICT
3582	3584		SUBCHAPTER A. GENERAL PROVISIONS
3583	3585		Sec. 8894.0001. DEFINITIONS
3584	3586		Sec. 8894.0002. NATURE OF DISTRICT
3585	3587		Sec. 8894.0003. FINDINGS OF PUBLIC USE AND BENEFIT
3586	3588		Sec. 8894.0004. DISTRICT TERRITORY
3587	3589		SUBCHAPTER B. BOARD OF DIRECTORS
3588	3590		Sec. 8894.0051. COMPOSITION OF BOARD; TERMS
3589	3591		Sec. 8894.0052. ELECTION DATE
3590	3592		SUBCHAPTER C. POWERS AND DUTIES
3591	3593		Sec. 8894.0101. GENERAL POWERS AND DUTIES
3592	3594		Sec. 8894.0102. NO EMINENT DOMAIN POWER
3593	3595		CHAPTER 8894. HEMPHILL COUNTY UNDERGROUND WATER CONSERVATION
3594	3596		DISTRICT
3595	3597		SUBCHAPTER A. GENERAL PROVISIONS
3596	3598		Sec. 8894.0001. DEFINITIONS. In this chapter:
3597	3599		(1) "Board" means the district's board of directors.
3598	3600		(2) "Director" means a board member.
3599	3601		(3) "District" means the Hemphill County Underground
3600	3602		Water Conservation District. (Acts 74th Leg., R.S., Ch. 157, Secs.
3601	3603		1(a) (part), 2; New.)
3602	3604		Sec. 8894.0002. NATURE OF DISTRICT. The district is a
3603	3605		groundwater conservation district in Hemphill County created under
3604	3606		and essential to accomplish the purposes of Section 59, Article
3605	3607		XVI, Texas Constitution. (Acts 74th Leg., R.S., Ch. 157, Secs. 1(a)
3606	3608		(part), (b).)
3607	3609		Sec. 8894.0003. FINDINGS OF PUBLIC USE AND BENEFIT. (a)
3608	3610		The district is created to serve a public use and benefit.
3609	3611		(b) All land and other property included in the district
3610	3612		will benefit from the works and projects accomplished by the
3611	3613		district under the powers conferred by Section 59, Article XVI,
3612	3614		Texas Constitution. (Acts 74th Leg., R.S., Ch. 157, Sec. 4.)
3613	3615		Sec. 8894.0004. DISTRICT TERRITORY. The district's
3614	3616		boundaries are coextensive with the boundaries of Hemphill County,
3615	3617		unless the district's territory has been modified under:
3616	3618		(1) Subchapter J or K, Chapter 36, Water Code; or
3617	3619		(2) other law. (Acts 74th Leg., R.S., Ch. 157, Sec. 3;
3618	3620		New.)
3619	3621		SUBCHAPTER B. BOARD OF DIRECTORS
3620	3622		Sec. 8894.0051. COMPOSITION OF BOARD; TERMS. (a) The
3621	3623		district is governed by a board of five directors.
3622	3624		(b) Directors serve staggered four-year terms. (Acts 74th
3623	3625		Leg., R.S., Ch. 157, Secs. 6(a), (d).)
3624	3626		Sec. 8894.0052. ELECTION DATE. The district shall hold an
3625	3627		election to elect the appropriate number of directors on the
3626	3628		uniform election date in May of each even-numbered year. (Acts 74th
3627	3629		Leg., R.S., Ch. 157, Sec. 9; New.)
3628	3630		SUBCHAPTER C. POWERS AND DUTIES
3629	3631		Sec. 8894.0101. GENERAL POWERS AND DUTIES. Except as
3630	3632		otherwise provided by Section 8894.0102, the district has the
3631	3633		rights, powers, privileges, functions, and duties provided by the
3632	3634		general law of this state, including Chapter 36, Water Code,
3633	3635		applicable to groundwater conservation districts created under
3634	3636		Section 59, Article XVI, Texas Constitution. (Acts 74th Leg., R.S.,
3635	3637		Ch. 157, Sec. 5(a) (part).)
3636	3638		Sec. 8894.0102. NO EMINENT DOMAIN POWER. The district may
3637	3639		not exercise the power of eminent domain. (Acts 74th Leg., R.S.,
3638	3640		Ch. 157, Sec. 5(a) (part).)
3639	3641		SECTION 1.05. WATER CONTROL AND IMPROVEMENT DISTRICTS.
3640	3642		Subtitle I, Title 6, Special District Local Laws Code, is amended by
3641	3643		adding Chapters 9075, 9077, 9078, 9079, 9080, and 9083 to read as follows:
3642	3644		CHAPTER 9075. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
3643	3645		DISTRICT NO. 2
3644	3646		SUBCHAPTER A. GENERAL PROVISIONS
3645	3647		Sec. 9075.0001. DEFINITION
3646	3648		Sec. 9075.0002. FINDINGS OF PUBLIC USE AND BENEFIT
3647	3649		Sec. 9075.0003. NATURE OF DISTRICT
3648	3650		Sec. 9075.0004. DISTRICT TERRITORY
3649	3651		Sec. 9075.0005. COST OF RELOCATING OR ALTERING
3650	3652		PROPERTY
3651	3653		SUBCHAPTER B. DEFINED AREA
3652	3654		Sec. 9075.0051. CREATION OF DEFINED AREA; DESIGNATION
3653	3655		Sec. 9075.0052. INITIAL TERRITORY
3654	3656		Sec. 9075.0053. EXCLUSION OF LAND
3655	3657		Sec. 9075.0054. PROCEDURE FOR ELECTION
3656	3658		Sec. 9075.0055. TAXES FOR SERVICES, IMPROVEMENTS, AND
3657	3659		FACILITIES
3658	3660		Sec. 9075.0056. ISSUANCE OF BONDS
3659	3661		Sec. 9075.0057. POWERS AND DUTIES
3660	3662		Sec. 9075.0058. AUTHORITY FOR ROAD PROJECTS
3661	3663		Sec. 9075.0059. ROAD STANDARDS AND REQUIREMENTS
3662	3664		Sec. 9075.0060. IMPROVEMENT PROJECTS AND SERVICES
3663	3665		Sec. 9075.0061. ELECTIONS REGARDING TAXES AND BONDS
3664	3666		Sec. 9075.0062. OPERATION AND MAINTENANCE TAX
3665	3667		Sec. 9075.0063. AUTHORITY TO BORROW MONEY AND TO ISSUE
3666	3668		BONDS AND OTHER OBLIGATIONS
3667	3669		Sec. 9075.0064. TAXES FOR BONDS
3668	3670		CHAPTER 9075. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
3669	3671		DISTRICT NO. 2
3670	3672		SUBCHAPTER A. GENERAL PROVISIONS
3671	3673		Sec. 9075.0001. DEFINITION. In this chapter, "district"
3672	3674		means the Fort Bend County Water Control and Improvement District
3673	3675		No. 2 in Fort Bend County and Harris County. (Acts 57th Leg., R.S.,
3674	3676		Ch. 312, Sec. 1 (part); Acts 61st Leg., R.S., Ch. 381, Sec. 1
3675	3677		(part).)
3676	3678		Sec. 9075.0002. FINDINGS OF PUBLIC USE AND BENEFIT. (a)
3677	3679		The district will serve a public use and benefit.
3678	3680		(b) All land and other property in the district will benefit
3679	3681		from the district. (Acts 57th Leg., R.S., Ch. 312, Sec. 2; Acts
3680	3682		61st Leg., R.S., Ch. 381, Sec. 3.)
3681	3683		Sec. 9075.0003. NATURE OF DISTRICT. The district is a
3682	3684		conservation and reclamation district under Section 59, Article
3683	3685		XVI, Texas Constitution. (Acts 61st Leg., R.S., Ch. 381, Sec. 1
3684	3686		(part).)
3685	3687		Sec. 9075.0004. DISTRICT TERRITORY. The district is
3686	3688		composed of the territory described by Section 1, Chapter 312, Acts
3687	3689		of the 57th Legislature, Regular Session, 1961, as that territory
3688	3690		may have been modified under:
3689	3691		(1) Subchapter J, Chapter 49, Water Code;
3690	3692		(2) Subchapter O, Chapter 51, Water Code; or
3691	3693		(3) other law. (Acts 57th Leg., R.S., Ch. 312, Sec. 1
3692	3694		(part); New.)
3693	3695		Sec. 9075.0005. COST OF RELOCATING OR ALTERING PROPERTY.
3694	3696		(a) In this section, "sole expense" means the actual cost of
3695	3697		relocating, raising, lowering, rerouting, changing the grade of, or
3696	3698		altering the construction of a facility described by Subsection (b)
3697	3699		in providing comparable replacement without enhancement of the
3698	3700		facility, after deducting from that cost the net salvage value
3699	3701		derived from the old facility.
3700	3702		(b) If the district's exercise of the power of eminent
3701	3703		domain, the power of relocation, or any other power granted by this
3702	3704		chapter makes necessary relocating, raising, rerouting, changing
3703	3705		the grade of, or altering the construction of a highway, railroad,
3704	3706		electric transmission line, telephone or telegraph property or
3705	3707		facility, or pipeline, the necessary action shall be accomplished
3706	3708		at the sole expense of the district. (Acts 57th Leg., R.S., Ch. 312,
3707	3709		Sec. 6.)
3708	3710		SUBCHAPTER B. DEFINED AREA
3709	3711		Sec. 9075.0051. CREATION OF DEFINED AREA; DESIGNATION. (a)
3710	3712		A defined area is created in the district.
3711	3713		(b) The defined area is designated to pay for improvements,
3712	3714		facilities, or services that primarily benefit the defined area and
3713	3715		do not generally benefit the district as a whole. (Acts 57th Leg.,
3714	3716		R.S., Ch. 312, Sec. 9.)
3715	3717		Sec. 9075.0052. INITIAL TERRITORY. (a) The defined area is
3716	3718		initially composed of the territory described by Section 2, Chapter
3717	3719		669, Acts of the 84th Legislature, Regular Session, 2015.
3718	3720		(b) The boundaries and field notes contained in Section 2,
3719	3721		Chapter 669, Acts of the 84th Legislature, Regular Session, 2015,
3720	3722		form a closure. A mistake made in the field notes or in copying the
3721	3723		field notes in the legislative process does not affect:
3722	3724		(1) the defined area's organization, existence, or
3723	3725		validity;
3724	3726		(2) the district's right to issue any type of bond or
3725	3727		obligation for the purposes for which the defined area is
3726	3728		designated, including to pay the principal of and interest on a
3727	3729		bond;
3728	3730		(3) the district's right to impose or collect a tax in
3729	3731		the defined area; or
3730	3732		(4) the legality or operation of the defined area or
3731	3733		the district. (Acts 57th Leg., R.S., Ch. 312, Sec. 10.)
3732	3734		Sec. 9075.0053. EXCLUSION OF LAND. Subject to the City of
3733	3735		Stafford providing written consent by ordinance or resolution, the
3734	3736		district may exclude land from the defined area in the same manner
3735	3737		as the district may exclude land from the district. (Acts 57th Leg.,
3736	3738		R.S., Ch. 312, Sec. 11.)
3737	3739		Sec. 9075.0054. PROCEDURE FOR ELECTION. (a) Before the
3738	3740		district may impose an ad valorem tax or issue bonds payable from ad
3739	3741		valorem taxes of the defined area, the governing body of the
3740	3742		district must call and hold an election in the defined area only.
3741	3743		(b) The governing body of the district may submit the
3742	3744		proposition to the voters on the same ballot to be used in another
3743	3745		election. (Acts 57th Leg., R.S., Ch. 312, Sec. 12.)
3744	3746		Sec. 9075.0055. TAXES FOR SERVICES, IMPROVEMENTS, AND
3745	3747		FACILITIES. On approval of the voters in the defined area, the
3746	3748		district may apply separately, differently, equitably, and
3747	3749		specifically its taxing power and lien authority to the defined
3748	3750		area to provide money to construct, administer, maintain, and
3749	3751		operate services, improvements, and facilities that primarily
3750	3752		benefit the defined area. (Acts 57th Leg., R.S., Ch. 312, Sec. 13.)
3751	3753		Sec. 9075.0056. ISSUANCE OF BONDS. On approval of the
3752	3754		voters in the defined area, the district may issue bonds to provide
3753	3755		for any land, improvements, facilities, plants, equipment, and
3754	3756		appliances for the defined area. (Acts 57th Leg., R.S., Ch. 312,
3755	3757		Sec. 14.)
3756	3758		Sec. 9075.0057. POWERS AND DUTIES. (a) For the benefit of
3757	3759		the defined area, the district has the powers and duties provided by
3758	3760		the general law of this state necessary to accomplish the purposes
3759	3761		of:
3760	3762		(1) Section 59, Article XVI, Texas Constitution;
3761	3763		(2) Section 52, Article III, Texas Constitution,
3762	3764		applicable to the construction, acquisition, improvement,
3763	3765		operation, or maintenance of macadamized, graveled, or paved roads,
3764	3766		or improvements, including storm drainage, in aid of those roads;
3765	3767		and
3766	3768		(3) except as provided by this chapter, Chapters 49
3767	3769		and 51, Water Code, applicable to water control and improvement
3768	3770		districts created under Section 59, Article XVI, Texas
3769	3771		Constitution.
3770	3772		(b) Except as provided by Subsection (c), the governing body
3771	3773		of the district shall administer the defined area as provided by
3772	3774		Chapter 51, Water Code.
3773	3775		(c) Sections 51.518, 51.519, 51.520, 51.521, 51.522,
3774	3776		51.523, 51.524, 51.526, 51.527, 51.528, and 51.529, Water Code, do
3775	3777		not apply to the district. (Acts 57th Leg., R.S., Ch. 312, Sec.
3776	3778		15.)
3777	3779		Sec. 9075.0058. AUTHORITY FOR ROAD PROJECTS. Under Section
3778	3780		52, Article III, Texas Constitution, for the benefit of the defined
3779	3781		area, the district may design, acquire, construct, finance, issue
3780	3782		bonds for, improve, operate, maintain, and convey to this state, a
3781	3783		county, or a municipality for operation and maintenance
3782	3784		macadamized, graveled, or paved roads, or improvements, including
3783	3785		storm drainage, in aid of those roads, including roads located
3784	3786		outside the boundaries of the defined area that benefit the defined
3785	3787		area. (Acts 57th Leg., R.S., Ch. 312, Sec. 16.)
3786	3788		Sec. 9075.0059. ROAD STANDARDS AND REQUIREMENTS. A road
3787	3789		project must meet all applicable construction standards, zoning and
3788	3790		subdivision requirements, and regulations of each municipality in
3789	3791		whose corporate limits or extraterritorial jurisdiction the road
3790	3792		project is located. (Acts 57th Leg., R.S., Ch. 312, Sec. 17.)
3791	3793		Sec. 9075.0060. IMPROVEMENT PROJECTS AND SERVICES. For the
3792	3794		benefit of the defined area, the district may provide, design,
3793	3795		construct, acquire, improve, relocate, operate, maintain, or
3794	3796		finance an improvement project or service using any money available
3795	3797		to the district, or contract with a governmental or private entity
3796	3798		to provide, design, construct, acquire, improve, relocate,
3797	3799		operate, maintain, or finance an improvement project or service
3798	3800		authorized under this chapter. (Acts 57th Leg., R.S., Ch. 312, Sec.
3799	3801		18.)
3800	3802		Sec. 9075.0061. ELECTIONS REGARDING TAXES AND BONDS. (a)
3801	3803		For the benefit of the defined area, the district may issue, without
3802	3804		an election, bonds, notes, and other obligations secured by revenue
3803	3805		other than ad valorem taxes.
3804	3806		(b) The district must hold an election in the defined area
3805	3807		to obtain approval of the voters of the defined area before the
3806	3808		district may impose an ad valorem tax or issue bonds payable from ad
3807	3809		valorem taxes in the defined area.
3808	3810		(c) An election under this section does not require that an
3809	3811		election be held in the part of the district located outside the
3810	3812		defined area.
3811	3813		(d) All or any part of any facilities or improvements that
3812	3814		may be acquired by a district through the issuance of bonds may be
3813	3815		submitted as a single proposition or as several propositions to be
3814	3816		voted on at the election. (Acts 57th Leg., R.S., Ch. 312, Sec. 19.)
3815	3817		Sec. 9075.0062. OPERATION AND MAINTENANCE TAX. (a) If
3816	3818		authorized by a majority of the voters in the defined area voting at
3817	3819		an election held in accordance with Section 9075.0061, the district
3818	3820		may impose an operation and maintenance tax on taxable property in
3819	3821		the defined area in accordance with Section 49.107, Water Code, for
3820	3822		any district purpose, including to:
3821	3823		(1) maintain and operate the defined area;
3822	3824		(2) construct or acquire improvements; or
3823	3825		(3) provide a service.
3824	3826		(b) The governing body of the district shall determine the
3825	3827		tax rate. The rate may not exceed the rate approved at the election
3826	3828		described by Subsection (a).
3827	3829		(c) Section 49.107(h), Water Code, does not apply to the
3828	3830		district. (Acts 57th Leg., R.S., Ch. 312, Sec. 20.)
3829	3831		Sec. 9075.0063. AUTHORITY TO BORROW MONEY AND TO ISSUE
3830	3832		BONDS AND OTHER OBLIGATIONS. (a) For the benefit of the defined
3831	3833		area, the district may borrow money on terms determined by the
3832	3834		governing body of the district.
3833	3835		(b) The district may issue bonds, notes, or other
3834	3836		obligations payable wholly or partly from ad valorem taxes, impact
3835	3837		fees, revenue, grants, or other district money, or any combination
3836	3838		of those sources of money from the defined area, to pay for any
3837	3839		authorized district purpose.
3838	3840		(c) The limitation on the outstanding principal amount of
3839	3841		bonds, notes, and other obligations provided by Section 49.4645,
3840	3842		Water Code, does not apply to the district.
3841	3843		(d) The district must obtain approval from the Texas
3842	3844		Commission on Environmental Quality as provided by Chapter 49,
3843	3845		Water Code, before the district issues bonds to provide water,
3844	3846		sewer, or drainage facilities for the benefit of the defined area.
3845	3847		(Acts 57th Leg., R.S., Ch. 312, Sec. 21.)
3846	3848		Sec. 9075.0064. TAXES FOR BONDS. At the time the district
3847	3849		issues bonds payable wholly or partly from ad valorem taxes from the
3848	3850		defined area, the governing body of the district shall provide for
3849	3851		the annual imposition of a continuing direct annual ad valorem tax,
3850	3852		without limit as to rate or amount, for each year that all or part of
3851	3853		the bonds are outstanding as required and in the manner provided by
3852	3854		Sections 51.433 and 51.436, Water Code. (Acts 57th Leg., R.S., Ch. 312, Sec. 22.)
3853	3855		CHAPTER 9077. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
3854	3856		NO. 5
3855	3857		Sec. 9077.0001. DEFINITION
3856	3858		Sec. 9077.0002. EMINENT DOMAIN
3857	3859		CHAPTER 9077. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
3858	3860		NO. 5
3859	3861		Sec. 9077.0001. DEFINITION. In this chapter, "district"
3860	3862		means the Bell County Water Control and Improvement District No. 5
3861	3863		in Bell County. (Acts 56th Leg., R.S., Ch. 227, Sec. 1 (part); New.)
3862	3864		Sec. 9077.0002. EMINENT DOMAIN. (a) The district may
3863	3865		exercise the power of eminent domain to acquire real estate located
3864	3866		in Bell County.
3865	3867		(b) The district must exercise the power of eminent domain
3866	3868		in the manner provided by Chapter 21, Property Code.
3867	3869		(c) The district's authority under this section to exercise
3868	3870		the power of eminent domain expired on September 1, 2013, unless the
3869	3871		district submitted a letter to the comptroller in accordance with
3870	3872		Section 2206.101(b), Government Code, not later than December 31, 2012. (Acts 56th Leg., R.S., Ch. 227, Sec. 1 (part); New.)
3871	3873		CHAPTER 9078. FANNIN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
3872	3874		NO. 1
3873	3875		SUBCHAPTER A. GENERAL PROVISIONS
3874	3876		Sec. 9078.0001. DEFINITIONS
3875	3877		Sec. 9078.0002. NATURE OF DISTRICT
3876	3878		Sec. 9078.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT
3877	3879		Sec. 9078.0004. DISTRICT TERRITORY
3878	3880		Sec. 9078.0005. LIBERAL CONSTRUCTION OF CHAPTER
3879	3881		SUBCHAPTER B. POWERS AND DUTIES
3880	3882		Sec. 9078.0051. GENERAL POWERS AND DUTIES
3881	3883		Sec. 9078.0052. WATER CONTROL AND IMPROVEMENT DISTRICT
3882	3884		POWERS
3883	3885		Sec. 9078.0053. CONTROL OF WATER AND FLOODWATER;
3884	3886		RECLAMATION
3885	3887		Sec. 9078.0054. COST OF RELOCATING OR ALTERING
3886	3888		PROPERTY
3887	3889		SUBCHAPTER C. TAXES
3888	3890		Sec. 9078.0101. IMPOSITION OF MAINTENANCE TAX;
3889	3891		ELECTION PROCEDURE
3890	3892		Sec. 9078.0102. MAINTENANCE TAX RATE
3891	3893		Sec. 9078.0103. TAX METHOD
3892	3894		SUBCHAPTER D. BONDS
3893	3895		Sec. 9078.0151. DEFINITION OF NET REVENUES
3894	3896		Sec. 9078.0152. AUTHORITY TO ISSUE BONDS
3895	3897		Sec. 9078.0153. SECURITY FOR REVENUE BONDS
3896	3898		Sec. 9078.0154. BOND ELECTION REQUIRED
3897	3899		Sec. 9078.0155. REFUNDING BONDS
3898	3900		CHAPTER 9078. FANNIN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
3899	3901		NO. 1
3900	3902		SUBCHAPTER A. GENERAL PROVISIONS
3901	3903		Sec. 9078.0001. DEFINITIONS. In this chapter:
3902	3904		(1) "Board" means the district's board of directors.
3903	3905		(2) "District" means the Fannin County Water Control
3904	3906		and Improvement District No. 1. (Acts 57th Leg., R.S., Ch. 65, Sec.
3905	3907		1 (part); New.)
3906	3908		Sec. 9078.0002. NATURE OF DISTRICT. The district is a
3907	3909		conservation and reclamation district in Fannin County established
3908	3910		under Section 59, Article XVI, Texas Constitution. (Acts 57th Leg.,
3909	3911		R.S., Ch. 65, Sec. 1 (part); Acts 58th Leg., R.S., Ch. 275, Secs. 1
3910	3912		(part), 7 (part).)
3911	3913		Sec. 9078.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3912	3914		(a) The district is essential to the accomplishment of the
3913	3915		preservation and conservation of the natural resources of the
3914	3916		state.
3915	3917		(b) All land and property in the district will benefit from
3916	3918		the improvements to be constructed, acquired, and operated by the
3917	3919		district and from the preservation and conservation of the natural
3918	3920		resources of the state.
3919	3921		(c) This chapter addresses a subject in which the state is
3920	3922		interested. (Acts 58th Leg., R.S., Ch. 275, Secs. 3 (part), 7
3921	3923		(part).)
3922	3924		Sec. 9078.0004. DISTRICT TERRITORY. The district is
3923	3925		composed of the territory described by metes and bounds in the
3924	3926		resolution and order of the commissioners court of Fannin County
3925	3927		creating the district, recorded in Volume 1, page 3, of the Water
3926	3928		Control Improvement District minutes of Fannin County, as that
3927	3929		territory may have been modified under:
3928	3930		(1) Subchapter J, Chapter 49, Water Code;
3929	3931		(2) Subchapter O, Chapter 51, Water Code; or
3930	3932		(3) other law. (Acts 57th Leg., R.S., Ch. 65, Sec. 1
3931	3933		(part); New.)
3932	3934		Sec. 9078.0005. LIBERAL CONSTRUCTION OF CHAPTER. This
3933	3935		chapter shall be liberally construed to effect its purposes. (Acts
3934	3936		58th Leg., R.S., Ch. 275, Sec. 7 (part).)
3935	3937		SUBCHAPTER B. POWERS AND DUTIES
3936	3938		Sec. 9078.0051. GENERAL POWERS AND DUTIES. The district
3937	3939		may exercise the powers essential to the accomplishment of the
3938	3940		purposes of Section 59, Article XVI, Texas Constitution, and may
3939	3941		exercise the rights, powers, privileges, prerogatives, and
3940	3942		functions enumerated in or implied by that section, including those
3941	3943		listed in this subchapter. (Acts 57th Leg., R.S., Ch. 65, Sec. 2
3942	3944		(part); Acts 58th Leg., R.S., Ch. 275, Sec. 1 (part); New.)
3943	3945		Sec. 9078.0052. WATER CONTROL AND IMPROVEMENT DISTRICT
3944	3946		POWERS. The district has the rights, powers, privileges, and
3945	3947		functions provided by general law applicable to a water control and
3946	3948		improvement district including Chapters 49 and 51, Water Code,
3947	3949		including the power to:
3948	3950		(1) construct, acquire, improve, maintain, and repair
3949	3951		a dam or other structure; and
3950	3952		(2) acquire land, easements, properties, or equipment
3951	3953		needed to use, control, and distribute water that may be impounded,
3952	3954		diverted, or controlled by the district. (Acts 57th Leg., R.S., Ch.
3953	3955		65, Sec. 2 (part); Acts 58th Leg., R.S., Ch. 275, Sec. 1 (part);
3954	3956		New.)
3955	3957		Sec. 9078.0053. CONTROL OF WATER AND FLOODWATER;
3956	3958		RECLAMATION. The district may:
3957	3959		(1) control, store, preserve, and distribute the water
3958	3960		and floodwater in the district for the irrigation of arid land,
3959	3961		conservation, preservation, reclamation, and drainage of land in
3960	3962		the district;
3961	3963		(2) carry out flood prevention measures to prevent
3962	3964		damage to land and property in the district; and
3963	3965		(3) reclaim lands damaged before April 10, 1961,
3964	3966		because of the prior failure to provide the facilities authorized
3965	3967		to be constructed under this chapter. (Acts 57th Leg., R.S., Ch. 65,
3966	3968		Sec. 2 (part).)
3967	3969		Sec. 9078.0054. COST OF RELOCATING OR ALTERING PROPERTY.
3968	3970		If the district's exercise of the power of eminent domain, the power
3969	3971		of relocation, or any other power granted under this chapter makes
3970	3972		necessary relocating, raising, rerouting, changing the grade of, or
3971	3973		altering the construction of, a highway, railroad, electric
3972	3974		transmission line, telephone or telegraph property or facility, or
3973	3975		pipeline, the necessary action shall be accomplished at the
3974	3976		district's sole expense. (Acts 57th Leg., R.S., Ch. 65, Sec. 2
3975	3977		(part).)
3976	3978		SUBCHAPTER C. TAXES
3977	3979		Sec. 9078.0101. IMPOSITION OF MAINTENANCE TAX; ELECTION
3978	3980		PROCEDURE. (a) If approved by a majority of the voters of the
3979	3981		district voting at an election called for that purpose, the
3980	3982		district may impose a maintenance tax for the purposes of:
3981	3983		(1) maintaining structures;
3982	3984		(2) securing and purchasing land rights;
3983	3985		(3) purchasing rights-of-way, including moving
3984	3986		utilities;
3985	3987		(4) administering contracts; and
3986	3988		(5) paying other general operating expenses.
3987	3989		(b) A maintenance tax election shall be called and notice
3988	3990		given in the same manner as for a bond election and may be held
3989	3991		simultaneously with a bond election.
3990	3992		(c) This chapter does not prevent the calling of a
3991	3993		subsequent maintenance tax election to establish or increase the
3992	3994		amount of tax if the board determines that a maintenance tax
3993	3995		election is required. (Acts 57th Leg., R.S., Ch. 65, Sec. 3
3994	3996		(part).)
3995	3997		Sec. 9078.0102. MAINTENANCE TAX RATE. In calling a
3996	3998		maintenance tax election, the board must specify the maximum
3997	3999		proposed tax rate. To impose a maintenance tax at a rate that
3998	4000		exceeds the maximum rate approved by the voters, the board must
3999	4001		submit the question of a tax rate increase to the voters. (Acts
4000	4002		57th Leg., R.S., Ch. 65, Sec. 3 (part).)
4001	4003		Sec. 9078.0103. TAX METHOD. (a) The district shall use the
4002	4004		ad valorem plan of taxation.
4003	4005		(b) The district is not required to conduct a hearing on the
4004	4006		adoption of a plan of taxation. (Acts 58th Leg., R.S., Ch. 275,
4005	4007		Sec. 4.)
4006	4008		SUBCHAPTER D. BONDS
4007	4009		Sec. 9078.0151. DEFINITION OF NET REVENUES. In this
4008	4010		subchapter, "net revenues" or "net operating revenues" means all
4009	4011		income or increment from the ownership and operation of
4010	4012		improvements and facilities operated by the district, minus the
4011	4013		amount reasonably required to provide for the administration,
4012	4014		efficient operation, and adequate maintenance of the improvements
4013	4015		and facilities. The terms do not include money derived from
4014	4016		taxation. (Acts 58th Leg., R.S., Ch. 275, Sec. 5 (part).)
4015	4017		Sec. 9078.0152. AUTHORITY TO ISSUE BONDS. (a) The district
4016	4018		may issue bonds to:
4017	4019		(1) furnish land, easements, or permanent
4018	4020		improvements to land or easements;
4019	4021		(2) provide dams, structures, projects, and works of
4020	4022		improvement for flood prevention, including structural and land
4021	4023		treatment measures, and for agricultural phases of the
4022	4024		conservation, development, use, and disposal of water, and for
4023	4025		necessary facilities and equipment in connection therewith and for
4024	4026		the improvement, maintenance, and repair of the same; and
4025	4027		(3) exercise any other district power.
4026	4028		(b) Except as otherwise provided by this chapter, district
4027	4029		bonds must be authorized by a board resolution.
4028	4030		(c) District bonds may be secured by and payable wholly
4029	4031		from:
4030	4032		(1) ad valorem taxes;
4031	4033		(2) net operating revenues of the district, the net
4032	4034		revenues of any contract made, or other revenues as specified in the
4033	4035		resolution authorizing the issuance of the bonds; or
4034	4036		(3) any combination of ad valorem taxes and net
4035	4037		revenues as determined by the board.
4036	4038		(d) In a resolution authorizing the issuance of bonds
4037	4039		secured wholly or partly by district revenues, the board may
4038	4040		reserve the right under conditions specified in the resolution to
4039	4041		issue additional bonds on a parity with or subordinate to the bonds
4040	4042		being issued. (Acts 57th Leg., R.S., Ch. 65, Sec. 3 (part); Acts
4041	4043		58th Leg., R.S., Ch. 275, Sec. 5 (part); New.)
4042	4044		Sec. 9078.0153. SECURITY FOR REVENUE BONDS. For bonds
4043	4045		authorized to be issued that are secured by and payable wholly or
4044	4046		partly from net revenues, the board may mortgage and encumber:
4045	4047		(1) any part or all of the district's property and
4046	4048		facilities acquired or to be acquired;
4047	4049		(2) a franchise of or revenues from the operation of
4048	4050		the district's property and facilities acquired or to be acquired;
4049	4051		and
4050	4052		(3) anything pertaining to the district's property and
4051	4053		facilities acquired or to be acquired or the operation of the
4052	4054		district's property or facilities. (Acts 58th Leg., R.S., Ch. 275,
4053	4055		Sec. 5 (part).)
4054	4056		Sec. 9078.0154. BOND ELECTION REQUIRED. (a) Bonds, other
4055	4057		than refunding bonds, may not be issued unless approved by the
4056	4058		voters of the district as provided by general law.
4057	4059		(b) If a proposition submitted at an election is defeated,
4058	4060		another election may be held in the district to vote on the same or a
4059	4061		similar proposition at a time determined by the board.
4060	4062		(c) The board may call an election under this section
4061	4063		without a petition. The resolution calling the election must
4062	4064		specify:
4063	4065		(1) the time and place at which the election will be
4064	4066		held;
4065	4067		(2) the purpose for which the bonds will be issued;
4066	4068		(3) the maximum maturity date and maximum interest
4067	4069		rate of the bonds;
4068	4070		(4) the form of the ballot; and
4069	4071		(5) the presiding judge for each voting place.
4070	4072		(d) Notice of the election must be given by publishing a
4071	4073		substantial copy of the resolution calling the election in a
4072	4074		newspaper of general circulation in the district. The notice must
4073	4075		be published once each week for two consecutive weeks. The first
4074	4076		publication must be not later than the 14th day before the date of
4075	4077		the election. (Acts 58th Leg., R.S., Ch. 275, Sec. 5 (part).)
4076	4078		Sec. 9078.0155. REFUNDING BONDS. (a) The district may
4077	4079		issue refunding bonds to refund outstanding district bonds and
4078	4080		interest on those bonds.
4079	4081		(b) Bonds issued to refund revenue-supported bonds may:
4080	4082		(1) be issued to refund bonds of more than one series;
4081	4083		(2) combine the pledges for the outstanding bonds for
4082	4084		the security of the refunding bonds; and
4083	4085		(3) be secured by other or additional revenues.
4084	4086		(c) The comptroller shall register the refunding bonds on
4085	4087		surrender and cancellation of the bonds to be refunded.
4086	4088		(d) Instead of issuing refunding bonds to be registered on
4087	4089		the surrender and cancellation of the bonds to be refunded as
4088	4090		provided by Subsection (c), the district, in the resolution
4089	4091		authorizing the issuance of the refunding bonds, may provide for
4090	4092		the sale of the refunding bonds and the deposit of the proceeds in a
4091	4093		bank at which the bonds to be refunded are payable. In that case,
4092	4094		the refunding bonds may be issued in an amount sufficient to pay the
4093	4095		principal of and interest on the bonds to be refunded to their
4094	4096		option date or maturity date, and the comptroller shall register
4095	4097		the refunding bonds without the surrender and cancellation of the
4096	4098		bonds to be refunded. (Acts 58th Leg., R.S., Ch. 275, Sec. 5 (part).)
4097	4099		CHAPTER 9079. FORT HANCOCK WATER CONTROL AND IMPROVEMENT DISTRICT
4098	4100		OF HUDSPETH COUNTY, TEXAS
4099	4101		SUBCHAPTER A. GENERAL PROVISIONS
4100	4102		Sec. 9079.0001. DEFINITIONS
4101	4103		Sec. 9079.0002. FINDINGS OF PUBLIC USE AND BENEFIT
4102	4104		Sec. 9079.0003. DISTRICT TERRITORY
4103	4105		SUBCHAPTER B. BOARD OF DIRECTORS
4104	4106		Sec. 9079.0051. NOTICE OF DIRECTORS' ELECTION
4105	4107		Sec. 9079.0052. DIRECTOR'S BOND
4106	4108		SUBCHAPTER C. POWERS AND DUTIES
4107	4109		Sec. 9079.0101. GENERAL POWERS AND DUTIES
4108	4110		Sec. 9079.0102. COST OF RELOCATING OR ALTERING
4109	4111		PROPERTY
4110	4112		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4111	4113		Sec. 9079.0151. TAX METHOD
4112	4114		SUBCHAPTER E. BONDS
4113	4115		Sec. 9079.0201. AUTHORITY TO ISSUE BONDS
4114	4116		Sec. 9079.0202. NOTICE OF BOND ELECTION
4115	4117		CHAPTER 9079. FORT HANCOCK WATER CONTROL AND IMPROVEMENT DISTRICT
4116	4118		OF HUDSPETH COUNTY, TEXAS
4117	4119		SUBCHAPTER A. GENERAL PROVISIONS
4118	4120		Sec. 9079.0001. DEFINITIONS. In this chapter:
4119	4121		(1) "Board" means the district's board of directors.
4120	4122		(2) "Director" means a board member.
4121	4123		(3) "District" means the Fort Hancock Water Control
4122	4124		and Improvement District of Hudspeth County, Texas. (Acts 57th
4123	4125		Leg., R.S., Ch. 78, Sec. 3; New.)
4124	4126		Sec. 9079.0002. FINDINGS OF PUBLIC USE AND BENEFIT. (a)
4125	4127		The district is created to serve a public use and benefit.
4126	4128		(b) All land and other property included in the district
4127	4129		will benefit from the works and projects accomplished by the
4128	4130		district under the powers conferred by Section 59, Article XVI,
4129	4131		Texas Constitution. (Acts 57th Leg., R.S., Ch. 78, Sec. 9.)
4130	4132		Sec. 9079.0003. DISTRICT TERRITORY. The district is
4131	4133		composed of the territory described by Section 5, Chapter 78, Acts
4132	4134		of the 57th Legislature, Regular Session, 1961, as that territory
4133	4135		may have been modified under:
4134	4136		(1) Subchapter J, Chapter 49, Water Code;
4135	4137		(2) Subchapter O, Chapter 51, Water Code; or
4136	4138		(3) other law. (New.)
4137	4139		SUBCHAPTER B. BOARD OF DIRECTORS
4138	4140		Sec. 9079.0051. NOTICE OF DIRECTORS' ELECTION. Notice of a
4139	4141		directors' election shall be posted in three or more public places
4140	4142		in the district for at least 14 days before the date of the
4141	4143		election. (Acts 57th Leg., R.S., Ch. 78, Sec. 4 (part).)
4142	4144		Sec. 9079.0052. DIRECTOR'S BOND. Each director shall give
4143	4145		bond in the amount of $1,000 for the faithful performance of the
4144	4146		director's duties. (Acts 57th Leg., R.S., Ch. 78, Sec. 4 (part).)
4145	4147		SUBCHAPTER C. POWERS AND DUTIES
4146	4148		Sec. 9079.0101. GENERAL POWERS AND DUTIES. The district
4147	4149		has the rights, powers, privileges, and duties provided by general
4148	4150		law applicable to a water control and improvement district created
4149	4151		under Section 59, Article XVI, Texas Constitution, including
4150	4152		Chapters 49 and 51, Water Code. (Acts 57th Leg., R.S., Ch. 78, Sec.
4151	4153		10 (part).)
4152	4154		Sec. 9079.0102. COST OF RELOCATING OR ALTERING PROPERTY.
4153	4155		If the district's exercise of a power granted under this chapter
4154	4156		makes necessary relocating, raising, rerouting, changing the grade
4155	4157		of, or altering the construction of a highway, railroad, electric
4156	4158		transmission line, telephone or telegraph property or facility, or
4157	4159		pipeline, the necessary action shall be accomplished at the sole
4158	4160		expense of the district. (Acts 57th Leg., R.S., Ch. 78, Sec. 9a.)
4159	4161		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4160	4162		Sec. 9079.0151. TAX METHOD. (a) The district shall use the
4161	4163		ad valorem plan of taxation, and taxes levied by the district must
4162	4164		be on the ad valorem basis.
4163	4165		(b) A hearing on a plan of taxation is not required. (Acts
4164	4166		57th Leg., R.S., Ch. 78, Sec. 8.)
4165	4167		SUBCHAPTER E. BONDS
4166	4168		Sec. 9079.0201. AUTHORITY TO ISSUE BONDS. (a) The district
4167	4169		may issue bonds if authorized by a majority of district voters
4168	4170		voting at an election held for that purpose.
4169	4171		(b) The district may issue bonds for any purpose permitted
4170	4172		to a water control and improvement district. (Acts 57th Leg., R.S.,
4171	4173		Ch. 78, Sec. 6 (part).)
4172	4174		Sec. 9079.0202. NOTICE OF BOND ELECTION. Notice of a bond
4173	4175		election must be posted at three public places in the district for
4174	4176		at least 14 days before the date of the election. (Acts 57th Leg., R.S., Ch. 78, Sec. 6 (part).)
4175	4177		CHAPTER 9080. HALL AND DONLEY COUNTIES WATER CONTROL AND
4176	4178		IMPROVEMENT DISTRICT NO. 1 OF HALL AND DONLEY COUNTIES
4177	4179		SUBCHAPTER A. GENERAL PROVISIONS
4178	4180		Sec. 9080.0001. DEFINITION
4179	4181		Sec. 9080.0002. NATURE OF DISTRICT
4180	4182		Sec. 9080.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT
4181	4183		Sec. 9080.0004. DISTRICT TERRITORY
4182	4184		Sec. 9080.0005. LIBERAL CONSTRUCTION OF CHAPTER
4183	4185		SUBCHAPTER B. BOARD OF DIRECTORS
4184	4186		Sec. 9080.0051. COMPOSITION OF BOARD
4185	4187		SUBCHAPTER C. POWERS AND DUTIES
4186	4188		Sec. 9080.0101. GENERAL POWERS
4187	4189		Sec. 9080.0102. WATER CONTROL AND IMPROVEMENT DISTRICT
4188	4190		POWERS
4189	4191		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4190	4192		Sec. 9080.0151. TAX METHOD
4191	4193		CHAPTER 9080. HALL AND DONLEY COUNTIES WATER CONTROL AND
4192	4194		IMPROVEMENT DISTRICT NO. 1 OF HALL AND DONLEY COUNTIES
4193	4195		SUBCHAPTER A. GENERAL PROVISIONS
4194	4196		Sec. 9080.0001. DEFINITION. In this chapter, "district"
4195	4197		means the Hall and Donley Counties Water Control and Improvement
4196	4198		District No. 1 of Hall and Donley Counties. (Acts 56th Leg., R.S.,
4197	4199		Ch. 424, Sec. 1 (part); Acts 59th Leg., R.S., Ch. 189, Sec. 1
4198	4200		(part); New.)
4199	4201		Sec. 9080.0002. NATURE OF DISTRICT. The district is a
4200	4202		conservation and reclamation district established under Section
4201	4203		59, Article XVI, Texas Constitution. (Acts 56th Leg., R.S.,
4202	4204		Ch. 424, Sec. 1 (part); Acts 59th Leg., R.S., Ch. 189, Sec. 1
4203	4205		(part).)
4204	4206		Sec. 9080.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
4205	4207		(a) The district is essential to the accomplishment of the
4206	4208		preservation and conservation of the natural resources of this
4207	4209		state.
4208	4210		(b) All land and other property in the district will benefit
4209	4211		from the district and the district's improvements and from the
4210	4212		preservation and conservation of the natural resources of this
4211	4213		state.
4212	4214		(c) This chapter addresses a subject in which the state is
4213	4215		interested. (Acts 56th Leg., R.S., Ch. 424, Sec. 7 (part); Acts
4214	4216		59th Leg., R.S., Ch. 189, Secs. 2 (part), 7 (part).)
4215	4217		Sec. 9080.0004. DISTRICT TERRITORY. (a) The district is
4216	4218		composed of the territory described by Section 2, Chapter 189, Acts
4217	4219		of the 59th Legislature, Regular Session, 1965, as that territory
4218	4220		may have been modified under:
4219	4221		(1) Subchapter J, Chapter 49, Water Code;
4220	4222		(2) Subchapter O, Chapter 51, Water Code; or
4221	4223		(3) other law.
4222	4224		(b) The district includes all land and property in the
4223	4225		district's territory. (Acts 59th Leg., R.S., Ch. 189, Sec. 2
4224	4226		(part); New.)
4225	4227		Sec. 9080.0005. LIBERAL CONSTRUCTION OF CHAPTER. This
4226	4228		chapter shall be liberally construed to effect the purpose and
4227	4229		objectives stated in this chapter. (Acts 56th Leg., R.S., Ch. 424,
4228	4230		Sec. 7 (part); Acts 59th Leg., R.S., Ch. 189, Sec. 7 (part).)
4229	4231		SUBCHAPTER B. BOARD OF DIRECTORS
4230	4232		Sec. 9080.0051. COMPOSITION OF BOARD. The district's board
4231	4233		of directors is composed of five elected directors. (New.)
4232	4234		SUBCHAPTER C. POWERS AND DUTIES
4233	4235		Sec. 9080.0101. GENERAL POWERS. The district may exercise
4234	4236		the powers essential to the accomplishment of the purposes of
4235	4237		Section 59, Article XVI, Texas Constitution, and may exercise the
4236	4238		rights, powers, privileges, and functions implied by that section.
4237	4239		(Acts 56th Leg., R.S., Ch. 424, Sec. 1 (part); Acts 59th Leg.,
4238	4240		R.S., Ch. 189, Sec. 1 (part).)
4239	4241		Sec. 9080.0102. WATER CONTROL AND IMPROVEMENT DISTRICT
4240	4242		POWERS. The district has the rights, powers, privileges, and
4241	4243		functions provided by general law applicable to a water control and
4242	4244		improvement district, including Chapters 49 and 51, Water Code.
4243	4245		(Acts 56th Leg., R.S., Ch. 424, Sec. 1 (part); Acts 59th Leg.,
4244	4246		R.S., Ch. 189, Sec. 1 (part).)
4245	4247		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4246	4248		Sec. 9080.0151. TAX METHOD. (a) The district shall use the
4247	4249		ad valorem plan of taxation.
4248	4250		(b) The district is not required to have a hearing on the
4249	4251		plan of taxation. (Acts 56th Leg., R.S., Ch. 424, Sec. 5; Acts 59th Leg., R.S., Ch. 189, Sec. 5.)
4250	4252		CHAPTER 9083. HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT
4251	4253		DISTRICT NO. 1
4252	4254		SUBCHAPTER A. GENERAL PROVISIONS
4253	4255		Sec. 9083.0001. DEFINITION
4254	4256		Sec. 9083.0002. NATURE OF DISTRICT
4255	4257		Sec. 9083.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT
4256	4258		Sec. 9083.0004. DISTRICT TERRITORY
4257	4259		Sec. 9083.0005. LIBERAL CONSTRUCTION OF CHAPTER
4258	4260		SUBCHAPTER B. BOARD OF DIRECTORS
4259	4261		Sec. 9083.0051. COMPOSITION OF BOARD
4260	4262		SUBCHAPTER C. POWERS AND DUTIES
4261	4263		Sec. 9083.0101. GENERAL POWERS
4262	4264		Sec. 9083.0102. WATER CONTROL AND IMPROVEMENT DISTRICT
4263	4265		POWERS
4264	4266		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4265	4267		Sec. 9083.0151. TAX METHOD
4266	4268		CHAPTER 9083. HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT
4267	4269		DISTRICT NO. 1
4268	4270		SUBCHAPTER A. GENERAL PROVISIONS
4269	4271		Sec. 9083.0001. DEFINITION. In this chapter, "district"
4270	4272		means the Hudspeth County Water Control and Improvement District
4271	4273		No. 1. (Acts 56th Leg., R.S., Ch. 299, Sec. 1 (part); New.)
4272	4274		Sec. 9083.0002. NATURE OF DISTRICT. The district is a
4273	4275		conservation and reclamation district established under Section
4274	4276		59, Article XVI, Texas Constitution. (Acts 56th Leg., R.S., Ch.
4275	4277		299, Secs. 1 (part), 7 (part).)
4276	4278		Sec. 9083.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
4277	4279		(a) The district is essential to the accomplishment of the
4278	4280		preservation and conservation of the natural resources of the
4279	4281		state.
4280	4282		(b) All land and other property included in the district
4281	4283		will benefit from the district, the district's improvements, and
4282	4284		the purposes for which the district is created.
4283	4285		(c) This chapter addresses a subject in which the state is
4284	4286		interested. (Acts 56th Leg., R.S., Ch. 299, Secs. 2 (part), 7
4285	4287		(part).)
4286	4288		Sec. 9083.0004. DISTRICT TERRITORY. (a) The district is
4287	4289		composed of the territory described by Section 2, Chapter 299, Acts
4288	4290		of the 56th Legislature, Regular Session, 1959, as that territory
4289	4291		may have been modified under:
4290	4292		(1) Subchapter J, Chapter 49, Water Code;
4291	4293		(2) Subchapter O, Chapter 51, Water Code; or
4292	4294		(3) other law.
4293	4295		(b) The district shall include all land and property in the
4294	4296		district's territory. (Acts 56th Leg., R.S., Ch. 299, Sec. 2
4295	4297		(part); New.)
4296	4298		Sec. 9083.0005. LIBERAL CONSTRUCTION OF CHAPTER. This
4297	4299		chapter shall be liberally construed to effect its purposes. (Acts
4298	4300		56th Leg., R.S., Ch. 299, Sec. 7 (part).)
4299	4301		SUBCHAPTER B. BOARD OF DIRECTORS
4300	4302		Sec. 9083.0051. COMPOSITION OF BOARD. The board of
4301	4303		directors is composed of five elected directors. (New.)
4302	4304		SUBCHAPTER C. POWERS AND DUTIES
4303	4305		Sec. 9083.0101. GENERAL POWERS. The district may exercise
4304	4306		the powers essential to the accomplishment of the purposes of
4305	4307		Section 59, Article XVI, Texas Constitution, and may exercise the
4306	4308		rights, powers, privileges, and functions implied by that section.
4307	4309		(Acts 56th Leg., R.S., Ch. 299, Sec. 1 (part).)
4308	4310		Sec. 9083.0102. WATER CONTROL AND IMPROVEMENT DISTRICT
4309	4311		POWERS. The district has the rights, powers, privileges, and
4310	4312		functions provided by general law applicable to a water control and
4311	4313		improvement district, including Chapters 49 and 51, Water Code.
4312	4314		(Acts 56th Leg., R.S., Ch. 299, Sec. 1 (part); New.)
4313	4315		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
4314	4316		Sec. 9083.0151. TAX METHOD. (a) Taxes imposed by the
4315	4317		district shall be on the ad valorem basis.
4316	4318		(b) The district is not required to hold a hearing on the
4317	4319		plan of taxation. (Acts 56th Leg., R.S., Ch. 299, Sec. 5.)
4318	4320		ARTICLE 2. CONFORMING AMENDMENTS
4319	4321		SECTION 2.01. SABINE PASS PORT AUTHORITY. Section 1,
4320	4322		Chapter 379, Acts of the 63rd Legislature, Regular Session, 1973,
4321	4323		is amended to read as follows:
4322	4324		Sec. 1. [There is hereby created, in addition to the
4323	4325		districts into which the state has heretofore been divided, a port
4324	4326		district to be known as the Sabine Pass Port Authority, with
4325	4327		boundaries as hereinafter set out. Such district shall be and is
4326	4328		hereby declared to be a governmental agency and body politic and
4327	4329		corporate with the powers of government and with the authority to
4328	4330		exercise the rights, privileges, and functions hereinafter
4329	4331		specified, and the creation of such district is hereby determined
4330	4332		to be essential to the accomplishment of the purposes of Article
4331	4333		XVI, Section 59, of the Texas Constitution.]
4332	4334		The boundaries of the Sabine Pass Port Authority [district]
4333	4335		shall be the boundaries of the Sabine Pass Independent School
4334	4336		District in Jefferson County, Texas, as the same exist on the date
4335	4337		of passage of this Act, excluding that portion which is located
4336	4338		within the Port of Port Arthur Navigation District of Jefferson
4337	4339		County, Texas, and in addition thereto the district's boundaries
4338	4340		shall include the contiguous territory described by metes and
4339	4341		bounds as follows:
4340	4342		A 54.9 acre tract of land out of a part of the T. & N. O. Survey 122,
4341	4343		Abst. 486--the T. & N. O. Survey 123, Abst. 251 and the South John
4342	4344		Bennett Abst. 71, said tract described by metes and bounds as
4343	4345		follows to:wit:
4344	4346		Commencing at a concrete monument the Northeast corner of the T. &
4345	4347		N. O. Survey 123, Abst. 251 and being in the West line of the South
4346	4348		John Bennett Survey;
4347	4349		THENCE, South 00 deg. 01 min. 30 sec. East, along said West line of
4348	4350		the South John Bennett Survey, a distance of 465.15 feet to a point
4349	4351		for turn in the East right-of-way line of State Highway 87;
4350	4352		THENCE, North 18 deg. 45 min. 00 sec. West, along said East
4351	4353		right-of-way line, a distance of 35.28 feet to point for corner and
4352	4354		point of beginning of the tract herein below described;
4353	4355		THENCE, South 18 deg. 45 min. 00 sec. East, along said East
4354	4356		right-of-way line, a distance of 3566.03 feet to point for corner;
4355	4357		THENCE, South 18 deg. 36 min. 41 sec. East, along said East
4356	4358		right-of-way line, a distance of 5887.34 feet to point for corner in
4357	4359		the East extension of the South line of the South John Bennett
4358	4360		Survey;
4359	4361		THENCE, East, along said extension a distance of 52.0 feet to point
4360	4362		for corner in the West descending bank of the Port Arthur Ship
4361	4363		Channel;
4362	4364		THENCE, along the meanders of said channel the following courses
4363	4365		and distances:
4364	4366		North 12 deg. 29 min. 13 sec. West - 25.22 feet
4365	4367		North 58 deg. 00 min. 21 sec. West - 53.14 feet
4366	4368		North 13 deg. 25 min. 29 sec. West - 67.46 feet
4367	4369		North 70 deg. 50 min. 37 sec. West - 29.03 feet
4368	4370		North 20 deg. 54 min. 40 sec. West - 135.07 feet
4369	4371		North 11 deg. 53 min. 52 sec. West - 50.07 feet
4370	4372		South 82 deg. 13 min. 51 sec. East - 26.83 feet
4371	4373		North 10 deg. 46 min. 30 sec. West - 83.98 feet
4372	4374		North 20 deg. 17 min. 36 sec. West - 32.81 feet
4373	4375		North 17 deg. 31 min. 26 sec. East - 36.91 feet
4374	4376		North 19 deg. 17 min. 39 sec. West - 96.68 feet
4375	4377		North 24 deg. 35 min. 12 sec. West - 97.29 feet
4376	4378		North 16 deg. 43 min. 29 sec. West - 187.62 feet
4377	4379		North 38 deg. 40 min. 03 sec. West - 34.18 feet
4378	4380		North 00 deg. 49 min. 01 sec. West - 63.85 feet
4379	4381		North 08 deg. 56 min. 23 sec. West - 105.15 feet
4380	4382		North 18 deg. 31 min. 31 sec. West - 247.14 feet
4381	4383		North 49 deg. 47 min. 19 sec. West - 50.88 feet
4382	4384		North 14 deg. 48 min. 55 sec. West - 170.74 feet
4383	4385		North 24 deg. 51 min. 34 sec. East - 27.70 feet
4384	4386		North 23 deg. 03 min. 20 sec. West - 170.02 feet
4385	4387		North 35 deg. 47 min. 26 sec. West - 240.07 feet
4386	4388		North 15 deg. 49 min. 10 sec. West - 439.73 feet
4387	4389		North 13 deg. 06 min. 54 sec. West - 61.50 feet
4388	4390		North 03 deg. 06 min. 24 sec. West - 71.50 feet
4389	4391		North 11 deg. 14 min. 39 sec. West - 99.95 feet
4390	4392		North 39 deg. 20 min. 33 sec. East - 25.42 feet
4391	4393		North 14 deg. 25 min. 54 sec. West - 64.56 feet
4392	4394		North 12 deg. 46 min. 36 sec. East - 92.92 feet
4393	4395		North 19 deg. 15 min. 15 sec. West - 154.25 feet
4394	4396		North 22 deg. 08 min. 11 sec. West - 143.13 feet
4395	4397		North 24 deg. 08 min. 29 sec. West - 81.13 feet
4396	4398		North 22 deg. 20 min. 12 sec. West - 113.11 feet
4397	4399		North 02 deg. 25 min. 40 sec. East - 44.48 feet
4398	4400		North 23 deg. 53 min. 14 sec. West - 260.36 feet
4399	4401		North 22 deg. 31 min. 29 sec. West - 53.69 feet
4400	4402		North 14 deg. 26 min. 06 sec. East - 93.32 feet
4401	4403		North 38 deg. 26 min. 36 sec. West - 67.01 feet
4402	4404		North 14 deg. 47 min. 13 sec. West - 290.60 feet
4403	4405		North 60 deg. 26 min. 29 sec. West - 102.43 feet
4404	4406		North 21 deg. 17 min. 48 sec. East - 57.69 feet
4405	4407		South 70 deg. 26 min. 39 sec. East - 50.50 feet
4406	4408		North 27 deg. 56 min. 05 sec. East - 76.38 feet
4407	4409		North 08 deg. 40 min. 00 sec. West - 165.74 feet
4408	4410		North 15 deg. 59 min. 03 sec. West - 557.03 feet
4409	4411		North 09 deg. 09 min. 41 sec. West - 140.32 feet
4410	4412		North 21 deg. 31 min. 38 sec. West - 265.07 feet
4411	4413		North 43 deg. 13 min. 40 sec. West - 74.36 feet
4412	4414		South 80 deg. 03 min. 11 sec. East - 35.00 feet
4413	4415		North 27 deg. 11 min. 50 sec. West - 31.31 feet
4414	4416		North 29 deg. 12 min. 57 sec. West - 168.90 feet
4415	4417		North 06 deg. 56 min. 37 sec. East - 43.73 feet
4416	4418		North 30 deg. 39 min. 39 sec. West - 27.47 feet
4417	4419		North 40 deg. 01 min. 39 sec. West - 53.48 feet
4418	4420		North 50 deg. 59 min. 55 sec. West - 24.28 feet
4419	4421		North 54 deg. 50 min. 38 sec. East - 28.25 feet
4420	4422		North 33 deg. 25 min. 59 sec. West - 57.24 feet
4421	4423		North 64 deg. 12 min. 29 sec. West - 17.78 feet
4422	4424		North 10 deg. 44 min. 19 sec. East - 19.22 feet
4423	4425		North 28 deg. 27 min. 56 sec. West - 129.86 feet
4424	4426		North 39 deg. 11 min. 03 sec. East - 37.37 feet
4425	4427		North 02 deg. 04 min. 19 sec. East - 50.32 feet
4426	4428		North 10 deg. 09 min. 16 sec. West - 43.14 feet
4427	4429		North 22 deg. 20 min. 17 sec. West - 113.64 feet
4428	4430		North 53 deg. 13 min. 21 sec. East - 6.41 feet
4429	4431		North 26 deg. 37 min. 03 sec. West - 92.92 feet
4430	4432		North 13 deg. 14 min. 17 sec. West - 80.58 feet
4431	4433		North 19 deg. 41 min. 27 sec. West - 127.44 feet
4432	4434		North 27 deg. 21 min. 20 sec. West - 54.28 feet
4433	4435		South 47 deg. 29 min. 00 sec. West - 45.38 feet
4434	4436		South 09 deg. 30 min. 48 sec. East - 65.88 feet
4435	4437		South 20 deg. 15 min. 16 sec. West - 38.15 feet
4436	4438		North 87 deg. 42 min. 30 sec. West - 78.97 feet
4437	4439		North 25 deg. 58 min. 13 sec. West - 140.09 feet
4438	4440		North 19 deg. 47 min. 05 sec. West - 55.38 feet
4439	4441		North 70 deg. 01 min. 10 sec. West - 30.31 feet
4440	4442		North 49 deg. 49 min. 07 sec. East - 16.98 feet
4441	4443		North 18 deg. 47 min. 58 sec. East - 16.29 feet
4442	4444		North 12 deg. 41 min. 54 sec. West - 57.60 feet
4443	4445		North 40 deg. 14 min. 57 sec. East - 26.69 feet
4444	4446		North 75 deg. 52 min. 27 sec. West - 139.07 feet
4445	4447		North 36 deg. 55 min. 56 sec. West - 41.26 feet
4446	4448		South 82 deg. 08 min. 20 sec. East - 131.62 feet
4447	4449		North 24 deg. 39 min. 59 sec. West - 14.94 feet
4448	4450		North 55 deg. 13 min. 44 sec. East - 74.28 feet
4449	4451		South 48 deg. 57 min. 32 sec. East - 54.17 feet
4450	4452		North 58 deg. 32 min. 41 sec. East - 49.23 feet
4451	4453		North 24 deg. 34 min. 59 sec. East - 99.44 feet
4452	4454		North 46 deg. 00 min. 10 sec. West - 118.53 feet
4453	4455		North 06 deg. 03 min. 23 sec. West - 42.94 feet
4454	4456		North 42 deg. 29 min. 08 sec. West - 37.02 feet
4455	4457		North 47 deg. 31 min. 18 sec. East - 38.35 feet
4456	4458		North 69 deg. 57 min. 31 sec. West - 84.03 feet
4457	4459		North 39 deg. 20 min. 52 sec. West - 68.33 feet
4458	4460		North 23 deg. 24 min. 48 sec. West - 99.65 feet
4459	4461		North 14 deg. 27 min. 54 sec. West - 95.18 feet
4460	4462		North 02 deg. 30 min. 54 sec. East - 43.76 feet
4461	4463		North 34 deg. 28 min. 08 sec. West - 74.06 feet
4462	4464		North 14 deg. 22 min. 24 sec. West - 113.03 feet
4463	4465		North 49 deg. 49 min. 15 sec. East - 112.31 feet
4464	4466		North 20 deg. 04 min. 24 sec. West - 48.47 feet
4465	4467		North 83 deg. 20 min. 51 sec. West - 86.10 feet
4466	4468		North 26 deg. 04 min. 10 sec. West - 96.87 feet
4467	4469		North 09 deg. 11 min. 19 sec. West - 142.12 feet
4468	4470		North 67 deg. 36 min. 42 sec. East - 56.32 feet
4469	4471		North 30 deg. 49 min. 30 sec. East - 22.41 feet
4470	4472		North 22 deg. 47 min. 30 sec. West - 56.02 feet
4471	4473		North 13 deg. 56 min. 26 sec. West - 149.00 feet
4472	4474		North 18 deg. 02 min. 09 sec. West - 97.79 feet
4473	4475		North 53 deg. 50 min. 52 sec. West - 37.14 feet
4474	4476		North 22 deg. 15 min. 45 sec. East - 36.87 feet
4475	4477		North 23 deg. 42 min. 04 sec. West - 112.20 feet
4476	4478		North 09 deg. 30 min. 08 sec. West - 81.96 feet
4477	4479		North 18 deg. 58 min. 50 sec. West - 121.30 feet
4478	4480		North 38 deg. 00 min. 15 sec. West - 92.06 feet
4479	4481		North 24 deg. 38 min. 28 sec. West - 98.60 feet
4480	4482		North 00 deg. 34 min. 55 sec. West - 81.10 feet
4481	4483		North 19 deg. 00 min. 48 sec. West - 45.20 feet
4482	4484		North 56 deg. 21 min. 41 sec. East - 40.23 feet
4483	4485		North 48 deg. 14 min. 01 sec. West - 121.82 feet
4484	4486		North 31 deg. 30 min. 37 sec. West - 101.56 feet
4485	4487		North 07 deg. 43 min. 43 sec. West - 56.02 feet
4486	4488		North 14 deg. 46 min. 25 sec. East - 110.59 feet
4487	4489		North 32 deg. 20 min. 10 sec. West - 164.56 feet
4488	4490		North 02 deg. 36 min. 08 sec. West - 125.06 feet
4489	4491		North 27 deg. 24 min. 24 sec. West - 190.99 feet
4490	4492		North 01 deg. 12 min. 39 sec. West - 208.43 feet
4491	4493		North 57 deg. 21 min. 52 sec. West - 48.85 feet
4492	4494		North 01 deg. 30 min. 24 sec. West - 95.75 feet
4493	4495		North 40 deg. 07 min. 50 sec. West - 120.96 feet
4494	4496		North 17 deg. 51 min. 18 sec. East - 112.64 feet
4495	4497		North 63 deg. 12 min. 10 sec. West - 79.11 feet
4496	4498		North 17 deg. 05 min. 44 sec. West - 103.72 feet
4497	4499		North 28 deg. 18 min. 35 sec. East - 87.72 feet
4498	4500		North 16 deg. 40 min. 55 sec. West - 114.30 feet
4499	4501		North 24 deg. 51 min. 25 sec. West - 187.74 feet
4500	4502		North 14 deg. 12 min. 51 sec. East - 135.72 feet
4501	4503		North 62 deg. 31 min. 22 sec. West - 52.58 feet
4502	4504		North 18 deg. 51 min. 09 sec. West - 182.43 feet
4503	4505		North 07 deg. 40 min. 03 sec. East - 102.05 feet
4504	4506		North 27 deg. 21 min. 32 sec. West - 145.37 feet
4505	4507		North 30 deg. 57 min. 39 sec. West - 440.35 feet
4506	4508		South 04 deg. 36 min. 36 sec. East - 252.07 feet
4507	4509		North 89 deg. 20 min. 59 sec. West - 109.06 feet
4508	4510		South 42 deg. 59 min. 36 sec. West - 31.24 feet
4509	4511		North 60 deg. 39 min. 10 sec. West - 21.15 feet
4510	4512		North 85 deg. 25 min. 11 sec. West - 60.71 feet
4511	4513		North 74 deg. 59 min. 11 sec. West - 31.90 feet
4512	4514		South 11 deg. 23 min. 33 sec. East - 62.31 feet
4513	4515		South 50 deg. 34 min. 39 sec. West - 55.70 feet
4514	4516		South 18 deg. 45 min. 00 sec. East - 1430.87 feet
4515	4517		South 27 deg. 20 min. 30 sec. East - 572.29 feet
4516	4518		South 25 deg. 39 min. 30 sec. West - 122.18 feet to the point
4517	4519		of beginning. The tract of land herein above described contains
4518	4520		54.9 acres of land, more or less.
4519	4521		[It is hereby found that all territory within the boundaries of the
4520	4522		Sabine Pass Port Authority as enlarged is and will be benefited by
4521	4523		the present and contemplated improvements, works, and facilities of
4522	4524		said authority. Further, the governing body of said authority is
4523	4525		authorized to call an election or elections over the entire
4524	4526		authority as enlarged for the purpose of determining (1) whether
4525	4527		the entire authority as enlarged shall assume the tax-supported
4526	4528		bonds of the authority then outstanding and whether an ad valorem
4527	4529		tax shall be levied on all taxable property within the authority as
4528	4530		enlarged for the payment thereof, and (2) whether an ad valorem
4529	4531		maintenance tax (for the maintenance, operation, and upkeep of the
4530	4532		authority and its facilities), in such amount as is specified by the
4531	4533		governing body of the authority, shall be levied on all taxable
4532	4534		property within the authority as enlarged. Said election or
4533	4535		elections shall be called and held, and notice thereof given, in the
4534	4536		same manner (to the extent pertinent) as elections for the issuance
4535	4537		of tax-supported bonds as provided in this Act, and if either or
4536	4538		both of such propositions should carry, the governing body of the
4537	4539		authority shall be authorized to levy and collect such bond tax
4538	4540		and/or maintenance tax as voted.]
4539	4541		SECTION 2.02. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO.
4540	4542		319. Section 3, Chapter 787, Acts of the 69th Legislature, Regular
4541	4543		Session, 1985, is amended to read as follows:
4542	4544		Sec. 3. BOUNDARIES. The Harris County Municipal Utility
4543	4545		District No. 319 [district] shall include all of the territory
4544	4546		contained within the following described area: Being a tract or
4545	4547		parcel containing 237.9940 acres of land in the William McCann
4546	4548		Survey, Abstract 585, Harris County, Texas, said 237.9940 acre
4547	4549		tract being more particularly described as follows:
4548	4550		COMMENCING for reference at the intersection of the east
4549	4551		right-of-way (R.O.W.) line of Becker Road, 60.00 feet wide, and the
4550	4552		southerly line of said William McCann Survey, Abstract 585;
4551	4553		THENCE, along the east R.O.W. line of said Becker Road the following
4552	4554		courses and distances:
4553	4555		North 00°51'06" West, 700.00 feet to the POINT OF BEGINNING
4554	4556		and the southwest corner of the herein described tract; North
4555	4557		00°51'06" West, 2641.14 feet to a point at the beginning of a curve;
4556	4558		143.75 feet along the arc of a curve to the right, having a central
4557	4559		angle of 28°45'00", a radius of 286.48 feet and a chord which bears
4558	4560		North 13°31'24" East, 142.25 feet to a point at the end of said
4559	4561		curve; North 27°53'54" East, 203.27 feet to a point for the
4560	4562		northwest corner of the herein described tract in the north line of
4561	4563		the aforementioned William McCann Survey;
4562	4564		THENCE, along the north line of said William McCann Survey and the
4563	4565		south line of the Harris County School Land Survey, Abstract 333,
4564	4566		North 89°25'55" East, 3926.28 feet to a point for the northeast
4565	4567		corner of the herein described tract;
4566	4568		THENCE, departing said survey line, South 01°00'00" East, 1492.66
4567	4569		feet to a point for corner;
4568	4570		THENCE, South 89°00'00" West, 665.66 feet to a point at the
4569	4571		beginning of a curve;
4570	4572		THENCE, 1916.28 feet along the arc of a curve to the left, having a
4571	4573		central angle of 87°50'10", a radius of 1250.00 feet and a chord
4572	4574		which bears South 45°04'55" West, 1734.07 feet to a point at the end
4573	4575		of said curve;
4574	4576		THENCE, South 01°09'50" West, 502.49 feet to a point at the
4575	4577		beginning of a curve;
4576	4578		THENCE, 484.78 feet along the arc of a curve to the right, having a
4577	4579		central angle of 22°13'15", a radius of 1250.00 feet and a chord
4578	4580		which bears South 12°16'28" West, 481.75 feet to a point at the end
4579	4581		of said curve;
4580	4582		THENCE, South 23°23'05" West, 150.00 feet to a point for the
4581	4583		southeast corner of the herein described tract;
4582	4584		THENCE, North 66°36'55" West, 428.18 feet to a point at the
4583	4585		beginning of a curve;
4584	4586		THENCE, 447.69 feet along the arc of a curve to the right, having a
4585	4587		central angle of 12°49'31", a radius of 2000.00 feet and a chord
4586	4588		which bears North 60°12'09" West, 446.75 feet to a point at the end
4587	4589		of said curve;
4588	4590		THENCE, North 53°47'24" West, 109.55 feet to a point at the
4589	4591		beginning of a curve;
4590	4592		THENCE, 1188.98 feet along the arc of a curve to the left, having a
4591	4593		central angle of 34°03'42", a radius of 2000.00 feet and a chord
4592	4594		which bears North 70°49'15" West, 1171.55 feet to the POINT OF
4593	4595		BEGINNING and containing 237.9940 acres of land.
4594	4596		SECTION 2.03. POLK COUNTY FRESH WATER SUPPLY DISTRICT NO.
4595	4597		2. Section 3, Chapter 814, Acts of the 75th Legislature, Regular
4596	4598		Session, 1997, is amended to read as follows:
4597	4599		Sec. 3. BOUNDARIES. The boundaries of Polk County Fresh
4598	4600		Water Supply District No. 2 are hereby confirmed as follows:
4599	4601		BEGINNING at a point in the A.M. De La Jarza Survey A-43 on the
4600	4602		shoreline of Lake Livingston, said point having a Stato Plane
4601	4603		co-ordinate of Y=459,067.61, X=3,631,144.58;
4602	4604		THENCE, N 57° 51' 38" E, a distance to a point intersecting the west
4603	4605		boundary line of the 695.13 acre tract described in the deed te
4604	4606		James A. McAlister, Trustee for 711 LTD recorded in Volume 279,
4605	4607		Page 892, of the Polk County Deed Records;
4606	4608		THENCE, along the boundary line of the said McAlister 695.13 acre
4607	4609		tract, (more particularly described in the Deed of Trust Records,
4608	4610		Volume 104, Page 226-234 of Polk County Records) being the boundary
4609	4611		line of the Polk County Fresh Water Supply District No. 2 as amended
4610	4612		according to the Minutes of the Annexation Meeting of December 15,
4611	4613		1981, of Polk County Fresh Wator Supply District No. 2, in a
4612	4614		clockwise direction for several courses to it's intersection with
4613	4615		the Trinity River Authority Lake Livingston "Fee Take" line, being
4614	4616		the Northeast corner of the original Polk County Fresh Water Supply
4615	4617		District No. 2 boundary as set forth in that certain Polk County
4616	4618		Commissioners Court Minutes dated January 26, 1976, and recorded in
4617	4619		Volume 22, Page 11-15 of the Records of Polk County, Texas; said
4618	4620		point having a State Plane co-ordinate of Y=469,284.55,
4619	4621		X=3,647,407.03;
4620	4622		THENCE, in a southerly direction with the meanders of the "Fee Take"
4621	4623		line of Lake Livingston around a peninsula commonly called the
4622	4624		Onalaska Peninsula to the point of beginning, the above to exclude
4623	4625		the Area dedicated and named Stowaway Bay as described in tbe Plat
4624	4626		Records of Polk County, Texas, and also excludes the Area dedicated
4625	4627		and named Canyon Park as described in the Plat Records of Polk
4626	4628		County, Texas, with the exception of those certain partials of land
4627	4629		located in the Canyon Park Subdivision and located along and
4628	4630		adjacent to FM 356, North Highway and described as:
4629	4631		Section 4, Lot 11, as described in the Plat Records Book 7,
4630	4632		Page 27 of Polk County, Texas; and
4631	4633		Section 2, Lot 13; and Section 2, Lots 14, 15, and 16 as
4632	4634		described in the Plat Records Book 7, Page 2 of Polk County, Texas,
4633	4635		which shall be included within the boundaries of the Polk County
4634	4636		Fresh Water Supply District No. 2
4635	4637		all of the foregoing land being encompassed within the
4636	4638		boundaries of Polk County Fresh Water Supply District No. 2.
4637	4639		[This confirmation of boundaries does not enlarge or diminish the
4638	4640		district as it exists and includes tbe property in the district that
4639	4641		is being served or taxed on September 1, 1997.]
4640	4642		SECTION 2.04. FORT BEND COUNTY WATER CONTROL AND
4641	4643		IMPROVEMENT DISTRICT NO. 2. Section 1, Chapter 312, Acts of the
4642	4644		57th Legislature, Regular Session, 1961, is amended to read as
4643	4645		follows:
4644	4646		Sec. 1. The boundaries of the Fort Bend County Water Control
4645	4647		and Improvement District No. 2 are [That Fort Bend County Water
4646	4648		Control and Improvement District No. 2, lying in Fort Bend and
4647	4649		Harris Counties, Texas, hereinafter sometimes referred to as
4648	4650		"District," shall be enlarged, and the boundaries of such District,
4649	4651		as enlarged, shall hereafter be defined] as follows:
4650	4652		BEGINNING at the point of intersection of the Northwest line
4651	4653		of Section 8, B.B.B. & C. Railroad Co. Survey and the Fort
4652	4654		Bend-Harris County line;
4653	4655		THENCE Northwesterly (from said point of intersection of said
4654	4656		Northwest line of Section 8, B.B.B. & C. Railroad Co. Survey and the
4655	4657		Fort Bend-Harris County line), along the Fort Bend-Harris County
4656	4658		line to the point of intersection of said Fort Bend-Harris County
4657	4659		line with the center line of a public road running through Section
4658	4660		7, B.B.B. & C. Railroad Co. Survey, along the division line between
4659	4661		the Southwest one-half and the Northeast one-half of said Section
4660	4662		7, B.B.B. & C. Railroad Co. Survey, for a corner;
4661	4663		THENCE Northwest along the centerline of said public road to
4662	4664		its intersection with the centerline of the Stafford-Bellaire Road,
4663	4665		which point is in the Northwest line of Section 7, B.B.B. & C.
4664	4666		Railroad Co. Survey, for a corner;
4665	4667		THENCE in a Northwesterly direction to the Northeast corner
4666	4668		of Missouri City Estates Subdivision, which point is in the South
4667	4669		line of Section 4, H.T. & B. Railroad Co. Survey, for a corner;
4668	4670		THENCE West, 1,107.3 feet along the North line of Missouri
4669	4671		City Estates Subdivision and the South line of Section 4, H.T. & B.
4670	4672		Railroad Co. Survey to the Northwest corner of Missouri City
4671	4673		Estates Subdivision, for a corner;
4672	4674		THENCE South along the West line of Missouri City Estates
4673	4675		Subdivision and its extension Southerly to a point in the
4674	4676		centerline of Mula Road, for a corner;
4675	4677		THENCE in a Westerly direction along the centerline of Mula
4676	4678		Road to its intersection with the centerline of Murphy Road;
4677	4679		THENCE generally in a Southerly direction in a straight line
4678	4680		to the Northeast corner of the William Stafford League;
4679	4681		THENCE West along the North line of the William Stafford
4680	4682		League to a point in the centerline of Lester Road, for a corner;
4681	4683		THENCE Southerly with the centerline of Lester Road to the
4682	4684		Northeast corner of an 80 acre tract described in deed from
4683	4685		Sugarland Industries, Inc. to Fort Bend Independent School District
4684	4686		and recorded in Volume 399, Pages 433 thru 438 of the Deed Records
4685	4687		of Fort Bend County, Texas which corner is South 0 degrees 19
4686	4688		minutes West 1,421.4 feet, measured along said centerline of Lester
4687	4689		Road, from the centerline of the G.H. & S.A. Railway, for a corner;
4688	4690		THENCE North 89 degrees 41 minutes West, along the North line
4689	4691		of said 80 acre tract, 1,291.36 feet to its Northwest corner, for a
4690	4692		corner;
4691	4693		THENCE South 0 degrees 19 minutes West, along the West line of
4692	4694		said 80 acre tract, 2,698.55 feet to its Southwest corner, for a
4693	4695		corner;
4694	4696		THENCE South 89 degrees 41 minutes East, along the South line
4695	4697		of said 80 acre tract, 1,291.36 feet to its Southeast corner, in the
4696	4698		centerline of Lester Road, for a corner;
4697	4699		THENCE Southerly with the centerline of Lester Road, at
4698	4700		3,007.7 feet pass the Northeast corner of the Riverbend Country
4699	4701		Club's 165.0 acre tract and continuing with the centerline of
4700	4702		Lester Road to a point in the North right-of-way line of the
4701	4703		American Canal Co. property, for a corner;
4702	4704		THENCE East Southeasterly along the North line of the
4703	4705		American Canal Co. property to its intersection with the Southeast
4704	4706		right-of-way line of Avenue E;
4705	4707		(15) THENCE in a Northeasterly direction along the
4706	4708		Southeast right-of-way line of Avenue E to its intersection with
4707	4709		the centerline of Murphy Road, which point of intersection is in the
4708	4710		East line of the William Stafford League, for a corner;
4709	4711		THENCE in an East Southeasterly direction in a straight line
4710	4712		to a point at the intersection of the centerline of a road running
4711	4713		in a Southerly direction from the Stafford-Blue Ridge Road to the
4712	4714		Stafford Run Creek and a line 500 feet Southwest of and parallel
4713	4715		with the Southwest boundary line of the F. P. Hoffman Survey, for a
4714	4716		corner;
4715	4717		THENCE South 45 degrees East 500 feet from and parallel to
4716	4718		said Southwest boundary line of said F. P. Hoffman Survey to a point
4717	4719		in the M. Johnson 4.8 acre tract, which point is South 45 degrees
4718	4720		West 500 feet from the Southwest boundary line of said F. P. Hoffman
4719	4721		Survey and in the extended Southeast boundary line of the L. Ross
4720	4722		18.4 acre tract, for a corner;
4721	4723		THENCE South 45 degrees West to an intersection with the
4722	4724		Northeast right-of-way line of the American Canal Co. property;
4723	4725		THENCE in a generally Southeasterly and Southerly direction
4724	4726		with the Northeast and East right-of-way line of said American
4725	4727		Canal Co. property to its intersection with the South line of the
4726	4728		Wm. Neel Survey, for a corner;
4727	4729		THENCE East along the South line of the William Neel Survey to
4728	4730		its most Easterly corner, same being in a Southwest line of the I. &
4729	4731		G.N. Railroad Co. Survey, Abstract 264, for a corner;
4730	4732		THENCE Northwest along the common line of the William Neel
4731	4733		Survey and the I. & G.N. Railroad Co. Survey, Abstract 264, to the
4732	4734		South corner of the I. & G.N. Railroad Co. Survey, Abstract 360, for
4733	4735		a corner;
4734	4736		THENCE Northeast along the Southeast line of the I. & G.N.
4735	4737		Railroad Co. Survey, Abstract 360, to its East corner, for a corner;
4736	4738		THENCE Northwest along the Northeast line of the
4737	4739		I. & G.N. Railroad Co. Survey, Abstract 360, to the South corner,
4738	4740		Section 9, B.B.B. & C. Railroad Co. Survey, for a corner;
4739	4741		THENCE Northeast along the Southeast line of Sections 9 & 8,
4740	4742		B.B.B. & C. Railroad Co. Surveys to the point of the intersection of
4741	4743		the Southeast line of said Section 8, B.B.B. & C. Railroad Co.
4742	4744		Survey with the Fort Bend-Harris County line, for a corner;
4743	4745		THENCE Northwesterly along the Fort Bend-Harris County line
4744	4746		to the point of intersection with the Northwest line of Section 8,
4745	4747		B.B.B. & C. Railroad Co. Survey, the point and place of BEGINNING.
4746	4748		SECTION 2.05. HALL AND DONLEY COUNTIES WATER CONTROL AND
4747	4749		IMPROVEMENT DISTRICT NO. 1 OF HALL AND DONLEY COUNTIES. Section 2,
4748	4750		Chapter 189, Acts of the 59th Legislature, Regular Session, 1965,
4749	4751		is amended to read as follows:
4750	4752		Sec. 2. The boundaries of the Hall and Donley Counties Water
4751	4753		Control and Improvement District No. 1 of Hall and Donley Counties
4752	4754		are [said District heretofore and herein established] as follows:
4753	4755		BEGINNING at the common Southwest corner of Section 19 and
4754	4756		the Southeast corner of Section 20, both Sections being in Block 2,
4755	4757		of T. & P. R. R. Co. Survey in Hall County, Texas, the point of
4756	4758		beginning also being on the North bank of the Prairie Dog Town Fork
4757	4759		of Red River;
4758	4760		THENCE, North with the West line of said Section 19 and the
4759	4761		East line of said Section 20, Block 2, T. & P. R. R. Co. Survey, to
4760	4762		the South Bank of Mulberry Creek;
4761	4763		THENCE, in a Northwesterly direction with the South bank of
4762	4764		Mulberry Creek to its intersection with the common East line of
4763	4765		Briscoe County and the West line of Hall County;
4764	4766		THENCE, North with the said common County Lines to the North
4765	4767		line of Section 121, Block 2, T. & P. R. R. Co. Survey in Hall
4766	4768		County, Texas;
4767	4769		THENCE, East with the North line of said Section 121, Block 2,
4768	4770		T. & P. R. R. Co. Survey, to the common Northeast corner of said
4769	4771		Section 121 and the Southeast corner of Section 13, Block 2, J.
4770	4772		Poitevent Survey in Hall County, Texas;
4771	4773		THENCE, North with the East line of said Section 13, Block 2,
4772	4774		J. Poitevent Survey and crossing Section 1, Block 1, C. L. Benson
4773	4775		Survey and also crossing Section 5, Block X, W. H. Martin Survey to
4774	4776		a point of intersection with the South line of Section 6, Block B,
4775	4777		John G. Adair Survey. All of the above Surveys being in Hall County,
4776	4778		Texas;
4777	4779		THENCE, West with the South line of said Section 6, Block B,
4778	4780		John G. Adair Survey to the Southwest corner of said Section 6;
4779	4781		THENCE, North with the West line of Section 6, Block B, John
4780	4782		G. Adair Survey in Hall County, Texas, and the West line of Section
4781	4783		11, Block B, John G. Adair Survey in Hall and Donley Counties,
4782	4784		Texas, to the Northwest corner of said Section 11;
4783	4785		THENCE, West to the Southeast corner of Section 36, Block
4784	4786		G-7, Adair & Goodnight Survey in Donley County, Texas;
4785	4787		THENCE, North with the East line of said Section 36, Block
4786	4788		G-7, Adair & Goodnight Survey to the common Northwest corner of
4787	4789		Section 32, Block G-7, Adair & Goodnight Survey and the Southwest
4788	4790		corner of Section 33, Block G-7, Adair & Goodnight Survey in Donley
4789	4791		County, Texas;
4790	4792		THENCE, East with the South line of said Section 33, Block
4791	4793		G-7, Adair & Goodnight Survey to the Southeast corner of said
4792	4794		Section 33;
4793	4795		THENCE, North along the East line of said Section 33, Block
4794	4796		G-7, Adair & Goodnight Survey and the West line of Section 29, Block
4795	4797		G-7, Adair & Goodnight Survey in Donley County, Texas, to the
4796	4798		Northwest corner of said Section 29;
4797	4799		THENCE, East with the North line of said Section 29, Block
4798	4800		G-7, Adair & Goodnight Survey and across Section 68, W. M. Cross
4799	4801		Survey in Donley County, Texas, to the intersection with the
4800	4802		present East right of way line of State Highway 70 in Section 170,
4801	4803		Block E, D. & P. R. R. Co. Survey in Donley County, Texas;
4802	4804		THENCE, in a North and Northeasterly direction with the
4803	4805		present East right of way line of State Highway 70 thru Sections 170
4804	4806		and 169, Block E, D. & P. R. R. Co. Survey, Section 26, Block G-7,
4805	4807		Adair & Goodnight Survey to a point located 752.5 varas and 20 feet
4806	4808		South of the North line of Section 167, Block E, D. & P. R. R. Co.
4807	4809		Survey in Donley County, Texas. The said point also being located
4808	4810		1,430.9 varas West of the East line of said Section 167;
4809	4811		THENCE, East 741 varas to a point;
4810	4812		THENCE, South 1,147.8 varas to a point in the South line of
4811	4813		said Section 167, Block E, D. & P. R. R. Co. Survey and also 689.7
4812	4814		varas West of the Southeast corner of said Section 167;
4813	4815		THENCE, East with the North lines of Sections 166, 157 and
4814	4816		152, Block E, D. & P. R. R. Co. Survey in Donley County, Texas, to
4815	4817		the Northeast corner of said Section 152 and the West line of
4816	4818		Section 153, Block E, D. & P. R. R. Co. Survey in Donley County,
4817	4819		Texas;
4818	4820		THENCE, South with the West line of said Section 153, Block E,
4819	4821		D. & P. R. R. Co. Survey to its Southwest corner and the Northwest
4820	4822		corner of Section 154, Block E, D. & P. R. R. Co. Survey in Donley
4821	4823		County, Texas;
4822	4824		THENCE, East with the North line of said Section 154, Block E,
4823	4825		D. & P. R. R. Co. Survey to its Northeast corner;
4824	4826		THENCE, South with the East line of said Section 154, Block E,
4825	4827		D. & P. R. R. Co. Survey to its Southeast corner and the North line
4826	4828		of Section 144, Block E, D. & P. R. R. Co. Survey in Donley County,
4827	4829		Texas;
4828	4830		THENCE, East with the North line of said Section 144, Block E,
4829	4831		D. & P. R. R. Co. Survey to its Northeast corner and the Southwest
4830	4832		corner of Section 98, Block C-6, G. C. & S. F. R. R. Co. Survey in
4831	4833		Donley County, Texas;
4832	4834		THENCE, East with the South line of said Section 98, Block
4833	4835		C-6, G. C. & S. F. R. R. Co. Survey a distance of 950 varas;
4834	4836		THENCE, North 950 varas to a point;
4835	4837		THENCE, East 950 varas to a point in the East line of Section
4836	4838		98 and the West line of Section 97, Block C-6, G. C. & S. F. R. R. Co.
4837	4839		Survey in Donley County, Texas;
4838	4840		THENCE, North with the said West line of Section 97, Block
4839	4841		C-6, G. C. & S. F. R. R. Co. Survey 354.75 varas;
4840	4842		THENCE, East 950 varas to a point;
4841	4843		THENCE, South 354.75 varas to a point;
4842	4844		THENCE, East 950 varas to a point in the West line of Section
4843	4845		96, Block C-6, G. C. & S. F. R. R. Co. Survey in Donley County,
4844	4846		Texas;
4845	4847		THENCE, South with the said West line of Section 96, Block
4846	4848		C-6, G. C. & S. F. R. R. Co. Survey to its Southwest corner and the
4847	4849		Northwest corner of Section 101, Block C-6, G. C. & S. F. R. R. Co.
4848	4850		Survey in Donley County, Texas;
4849	4851		THENCE, East with the North line of said Section 101, Block
4850	4852		C-6, G. C. & S. F. R. R. Co. Survey to its Northeast corner;
4851	4853		THENCE, South with the East line of said Section 101, Block
4852	4854		C-6, G. C. & S. F. R. R. Co. Survey 1,600 varas;
4853	4855		THENCE, East to a point in the East line of Section 134, Block
4854	4856		E, D. & P. R. R. Co. Survey in Donley County, Texas;
4855	4857		THENCE, South with the West lines of Sections 134 and 135,
4856	4858		Block E, D & P. R. R. Co. Survey in Donley County, Texas, to the
4857	4859		Southeast corner of said Section 135;
4858	4860		THENCE, East across Theo W. Wheeler Survey in Donley County,
4859	4861		Texas, to the Northeast corner of Section 50, Block 20, H. & G. N. R.
4860	4862		R. Co. Survey in Donley County, Texas;
4861	4863		THENCE, South with the East line of said Section 50, Block 20,
4862	4864		H. & G. N. R. R. Co. Survey to its Southeast corner and the Northwest
4863	4865		corner of Section 32, Block 20, H. & G. N. R. R. Co. Survey in Donley
4864	4866		County, Texas;
4865	4867		THENCE, East with the North line of said Section 32, Block 20,
4866	4868		H. & G. N. R. R. Co. Survey to the Northeast corner of said Section
4867	4869		32;
4868	4870		THENCE, South with the East line of said Section 32, Block 20,
4869	4871		H. & G. N. R. R. Co. Survey to its Southeast corner and also the
4870	4872		Northwest corner of Section 28, Block 20, H. & G. N. R. R. Co. Survey
4871	4873		in Donley and Hall Counties, Texas;
4872	4874		THENCE, East to the Northeast corner of said Section 28,
4873	4875		Block 20, H. & G. N. R. R. Co. Survey;
4874	4876		THENCE, South with the East line of said Section 28 and
4875	4877		Section 13, Block 20, H. & G. N. R. R. Co. Survey in Hall County,
4876	4878		Texas, to the Southeast corner of said Section 13;
4877	4879		THENCE, West to the Northeast corner of Section 9, Block 20,
4878	4880		H. & G. N. R. R. Co. Survey in Hall County, Texas;
4879	4881		THENCE, South with the East lines of said Section 9, Block 20,
4880	4882		and Sections 99, 62, and 59, Block 18, H. & G. N. R. R. Co. Survey in
4881	4883		Hall County, Texas, to the Southeast corner of said Section 59 and
4882	4884		the Northwest corner of Section 23, Block 18, W. & N. W. R. R. Co.
4883	4885		Survey in Hall County, Texas;
4884	4886		THENCE, East with the North line of said Section 23, Block 18,
4885	4887		H. & G. N. R. R. Co. Survey 950 varas;
4886	4888		THENCE, South 950 varas to a point;
4887	4889		THENCE, East 950 varas to a point in the East line of said
4888	4890		Section 23, Block 18, H. & G. N. R. R. Co. Survey;
4889	4891		THENCE, South with the East lines of Sections 23 and 18, Block
4890	4892		18, H. & G. N. R. R. Co. Survey in Hall County, Texas, to the
4891	4893		Southeast corner of said Section 18;
4892	4894		THENCE, West to the Northwest corner of Section 116, Block 1,
4893	4895		S. P. Ry. Co. Survey in Hall County, Texas;
4894	4896		THENCE, South with the West line of said Section 116, Block 1,
4895	4897		S. P. Ry. Co. Survey to its Southwest corner and the Northwest
4896	4898		corner of Section 109, Block 1, S. P. Ry. Co. Survey in Hall County,
4897	4899		Texas;
4898	4900		THENCE, East with the North line of said Section 109, Block 1,
4899	4901		S. P. Ry. Co. Survey to its Northeast corner;
4900	4902		THENCE, East 950 varas to a point in the North line of Section
4901	4903		108, Block 1, S. P. Ry. Co. Survey in Hall County, Texas;
4902	4904		THENCE, South to a point in the South line of said Section
4903	4905		108, Block 1, S. P. Ry. Co. Survey and the North line of Section 9,
4904	4906		Block R, T. A. Thomson Survey in Hall County, Texas;
4905	4907		THENCE, East with the North line of said Section 9, Block R,
4906	4908		T. A. Thomson Survey to its Northeast corner;
4907	4909		THENCE, South with the East line of said Section 9, Block R,
4908	4910		T. A. Thomson Survey to its Southeast corner and the North line of
4909	4911		Section 67, Block 1, S. P. Ry. Co. Survey in Hall County, Texas;
4910	4912		THENCE, East with the North lines of Sections 67 and 68, Block
4911	4913		1, S. P. Ry. Co. Survey in Hall County, Texas, to the Northeast
4912	4914		corner of said Section 68;
4913	4915		THENCE, South with the East lines of Sections 68 and 53, Block
4914	4916		1, S. P. Ry. Co. Survey in Hall County, Texas, to the Southeast
4915	4917		corner of said Section 530 on the North Bank of the Prairie Dog Town
4916	4918		Fork of Red River;
4917	4919		THENCE, in a Northwesterly direction with the meanders of the
4918	4920		North bank of the Prairie Dog Town Fork of Red River to the PLACE OF
4919	4921		BEGINNING[;
4920	4922		are hereby in all things and in all respects ratified, confirmed,
4921	4923		approved and validated and said District shall embrace all land and
4922	4924		property contained within the area delineated by said boundaries.
4923	4925		It is hereby found and determined that all lands and other property
4924	4926		included within the aforesaid boundaries are and will be benefited
4925	4927		by the District and its improvements and it shall not be necessary
4926	4928		for the District to hold any exclusion hearings and no exclusions
4927	4929		shall be made].
4928	4930		SECTION 2.06. HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT
4929	4931		DISTRICT NO. 1. Section 2, Chapter 299, Acts of the 56th
4930	4932		Legislature, Regular Session, 1959, is amended to read as follows:
4931	4933		Sec. 2. The boundaries of the Hudspeth County Water Control
4932	4934		and Improvement [said] District No. 1 are [heretofore and herein
4933	4935		established] as follows:
4934	4936		A tract of 2405 acres of land in Hudspeth County, Texas known
4935	4937		as the SW1/4 of Sur. No. 2 and the S1/2 of Sur. No. 3, Blk. No. 59, P.
4936	4938		S. L., the W1/2 of Sur. No. 2, Sur. No. 3, the E1/2 of Sur. No. 4, the
4937	4939		NE1/4 of Sur. No. 7, the NE1/4 of Sur. No. 8 and the NW1/4 of Sur.
4938	4940		No. 9, Blk. No. 61-1/2, Public School Land Surveys, including all
4939	4941		land that would normally inure to said surveys, and is situated at
4940	4942		the county site.
4941	4943		Beginning at an iron pipe at the NE corner of Sur. No. 4, Blk.
4942	4944		No. 61-1/2 P. S. L.;
4943	4945		Thence West 950 vrs with the North line of said Sur. No. 4, to
4944	4946		the NW corner of the E1/2 of said survey, for a NW corner of this
4945	4947		tract.
4946	4948		Thence South at 1900 vrs, the SW corner of the E1/2 of said
4947	4949		Sur. No. 4 and the NW corner of the NE1/4 of Sur. No. 7 and at 2850
4948	4950		vrs the SW corner of the NE1/4 of said Sur. No. 7, for a SW corner of
4949	4951		this tract.
4950	4952		Thence East 950 vrs to the SE corner of the NE1/4 of said Sur.
4951	4953		No. 7 in the East line of said survey, for a corner of this tract.
4952	4954		Thence North 950 vrs with the East line of said Sur. No. 7 to
4953	4955		the NE corner of same, and the NW corner of Sur. No. 8, for a corner
4954	4956		of this tract.
4955	4957		Thence East 950 vrs with the North line of Sur. No. 8, to the
4956	4958		NW corner of the NE1/4 of said survey for a corner of this tract.
4957	4959		Thence South 950 vrs to the SW corner of the NE1/4 of said
4958	4960		Sur. No. 8, for a corner of this tract.
4959	4961		Thence East at 950 vrs the SE corner of the NE1/4 of said Sur.
4960	4962		No. 8, and the SW corner of the NW1/4 of Sur. No. 9, and at 1900 vrs
4961	4963		the SE corner of the NW1/4 of said Sur. No. 9, for the SE corner of
4962	4964		this tract.
4963	4965		Thence North at 950 vrs. the NE corner of the NW1/4 of said
4964	4966		Sur. No. 9 and the SE corner of the W1/2 of Sur. No. 2, at 2850 vrs
4965	4967		the NE corner of the W1/2 of said Sur. No. 2, Blk. No. 61-1/2 in the
4966	4968		South line of Blk. No. 59, for a corner of this tract.
4967	4969		Thence East 300 vrs with the South line of said Blk. No. 59,
4968	4970		to the SE corner of the SW1/4 of Sur. No. 2, said Blk. No. 59 for a
4969	4971		corner of this tract.
4970	4972		Thence North 1427.5 vrs to the NE corner of the SW1/4 of said
4971	4973		Sur. No. 2, for the NE corner of this tract.
4972	4974		Thence West at 850 vrs the NW corner of the SW1/4 of said Sur.
4973	4975		No. 2, and the NE corner of the S1/2 of Sur. No. 3, and at 2550 vrs
4974	4976		the NW corner of the S1/2 of said Sur. No. 3, for a NW corner of this
4975	4977		tract.
4976	4978		Thence South 1427.5 vrs with the West line of said Sur. No. 3,
4977	4979		to the SW corner of same, in the South line of Blk. No. 59 and the
4978	4980		North line of Blk. No. 61-1/2, for a corner of this tract.
4979	4981		Thence West 600 vrs with the North line of said Blk. No.
4980	4982		61-1/2 to the place of beginning[; are hereby in all things and in
4981	4983		all respects ratified, confirmed, approved and validated and said
4982	4984		District shall embrace all land and property contained within the
4983	4985		area delineated by said boundaries. It is hereby found and
4984	4986		determined that all lands and other property included within the
4985	4987		aforesaid boundaries are and will be benefited by the District and
4986	4988		its improvements].
4987	4989		ARTICLE 3. REPEALERS
4988	4990		SECTION 3.01. SABINE PASS PORT AUTHORITY. The following
4989	4991		statutes are repealed:
4990	4992		(1) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, Chapter
4991	4993		379, Acts of the 63rd Legislature, Regular Session, 1973;
4992	4994		(2) Sections 2 and 3, Chapter 812, Acts of the 66th
4993	4995		Legislature, Regular Session, 1979; and
4994	4996		(3) Sections 2 and 3, Chapter 56, Acts of the 67th
4995	4997		Legislature, Regular Session, 1981.
4996	4998		SECTION 3.02. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES
4997	4999		COUNTY, TEXAS. The following statutes are repealed:
4998	5000		(1) Chapter 165, Acts of the 67th Legislature, Regular
4999	5001		Session, 1981;
5000	5002		(2) Chapter 397, Acts of the 68th Legislature, Regular
5001	5003		Session, 1983;
5002	5004		(3) Section 2, Chapter 469, Acts of the 74th
5003	5005		Legislature, Regular Session, 1995; and
5004	5006		(4) Sections 1, 2, 3, and 4, Chapter 1334, Acts of the
5005	5007		78th Legislature, Regular Session, 2003.
5006	5008		SECTION 3.03. ORANGE COUNTY NAVIGATION AND PORT DISTRICT OF
5007	5009		ORANGE COUNTY, TEXAS. The following statutes are repealed:
5008	5010		(1) Chapter 370, Acts of the 53rd Legislature, Regular
5009	5011		Session, 1953; and
5010	5012		(2) Sections 2, 3, 4, and 5, Chapter 80, Acts of the
5011	5013		55th Legislature, Regular Session, 1957.
5012	5014		SECTION 3.04. CHAMBERS-LIBERTY COUNTIES NAVIGATION
5013	5015		DISTRICT. Chapter 1145, Acts of the 76th Legislature, Regular
5014	5016		Session, 1999, is repealed.
5015	5017		SECTION 3.05. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO.
5016	5018		319. Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter 787, Acts of
5017	5019		the 69th Legislature, Regular Session, 1985, are repealed.
5018	5020		SECTION 3.06. POLK COUNTY FRESH WATER SUPPLY DISTRICT NO.
5019	5021		2. Sections 1, 2, and 4, Chapter 814, Acts of the 75th Legislature,
5020	5022		Regular Session, 1997, are repealed.
5021	5023		SECTION 3.07. LAKEWAY MUNICIPAL UTILITY DISTRICT. Chapter
5022	5024		1272, Acts of the 75th Legislature, Regular Session, 1997, is
5023	5025		repealed.
5024	5026		SECTION 3.08. TANGLEWOOD FOREST LIMITED DISTRICT. Chapter
5025	5027		675, Acts of the 74th Legislature, Regular Session, 1995, is
5026	5028		repealed.
5027	5029		SECTION 3.09. THE WOODLANDS METRO CENTER MUNICIPAL UTILITY
5028	5030		DISTRICT. Chapter 322, Acts of the 72nd Legislature, Regular
5029	5031		Session, 1991, is repealed.
5030	5032		SECTION 3.10. BAYBROOK MUNICIPAL UTILITY DISTRICT NO. 1.
5031	5033		Chapter 1386, Acts of the 77th Legislature, Regular Session, 2001,
5032	5034		is repealed.
5033	5035		SECTION 3.11. SULPHUR RIVER BASIN AUTHORITY. The following
5034	5036		statutes are repealed:
5035	5037		(1) Chapter 3, Acts of the 69th Legislature, 1st
5036	5038		Called Session, 1985; and
5037	5039		(2) Sections 15 and 17, Chapter 276, Acts of the 85th
5038	5040		Legislature, Regular Session, 2017.
5039	5041		SECTION 3.12. PALO DURO WATER DISTRICT. The following
5040	5042		statutes are repealed:
5041	5043		(1) Chapter 438, Acts of the 63rd Legislature, Regular
5042	5044		Session, 1973;
5043	5045		(2) Sections 6, 7, 8, and 9, Chapter 115, Acts of the
5044	5046		64th Legislature, Regular Session, 1975;
5045	5047		(3) Sections 5 and 6, Chapter 17, Acts of the 68th
5046	5048		Legislature, Regular Session, 1983;
5047	5049		(4) Sections 2, 3, and 4, Chapter 651, Acts of the 70th
5048	5050		Legislature, Regular Session, 1987; and
5049	5051		(5) Section 13, Chapter 1046, Acts of the 85th
5050	5052		Legislature, Regular Session, 2017.
5051	5053		SECTION 3.13. LIVE OAK UNDERGROUND WATER CONSERVATION
5052	5054		DISTRICT. The following statutes are repealed:
5053	5055		(1) Chapter 715, Acts of the 71st Legislature, Regular
5054	5056		Session, 1989;
5055	5057		(2) Sections 1, 2, 4, and 5, Chapter 305, Acts of the
5056	5058		73rd Legislature, Regular Session, 1993; and
5057	5059		(3) Section 5, Chapter 653, Acts of the 85th
5058	5060		Legislature, Regular Session, 2017.
5059	5061		SECTION 3.14. HEMPHILL COUNTY UNDERGROUND WATER
5060	5062		CONSERVATION DISTRICT. The following statutes are repealed:
5061	5063		(1) Chapter 157, Acts of the 74th Legislature, Regular
5062	5064		Session, 1995; and
5063	5065		(2) Section 6, Chapter 208, Acts of the 85th
5064	5066		Legislature, Regular Session, 2017.
5065	5067		SECTION 3.15. FORT BEND COUNTY WATER CONTROL AND
5066	5068		IMPROVEMENT DISTRICT NO. 2. The following statutes are repealed:
5067	5069		(1) Sections 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14,
5068	5070		15, 16, 17, 18, 19, 20, 21, and 22, Chapter 312, Acts of the 57th
5069	5071		Legislature, Regular Session, 1961;
5070	5072		(2) Chapter 381, Acts of the 61st Legislature, Regular
5071	5073		Session, 1969; and
5072	5074		(3) Sections 3, 4, and 5, Chapter 669, Acts of the 84th
5073	5075		Legislature, Regular Session, 2015.
5074	5076		SECTION 3.16. BELL COUNTY WATER CONTROL AND IMPROVEMENT
5075	5077		DISTRICT NO. 5. The following statutes are repealed:
5076	5078		(1) Chapter 226, Acts of the 56th Legislature, Regular
5077	5079		Session, 1959; and
5078	5080		(2) Chapter 227, Acts of the 56th Legislature, Regular
5079	5081		Session, 1959.
5080	5082		SECTION 3.17. FANNIN COUNTY WATER CONTROL AND IMPROVEMENT
5081	5083		DISTRICT NO. 1. The following statutes are repealed:
5082	5084		(1) Chapter 65, Acts of the 57th Legislature, Regular
5083	5085		Session, 1961; and
5084	5086		(2) Chapter 275, Acts of the 58th Legislature, Regular
5085	5087		Session, 1963.
5086	5088		SECTION 3.18. FORT HANCOCK WATER CONTROL AND IMPROVEMENT
5087	5089		DISTRICT OF HUDSPETH COUNTY, TEXAS. Sections 1, 2, 3, 4, 6, 7, 8, 9,
5088	5090		9a, 10, and 11, Chapter 78, Acts of the 57th Legislature, Regular
5089	5091		Session, 1961, are repealed.
5090	5092		SECTION 3.19. HALL AND DONLEY COUNTIES WATER CONTROL AND
5091	5093		IMPROVEMENT DISTRICT NO. 1 OF HALL AND DONLEY COUNTIES. The
5092	5094		following statutes are repealed:
5093	5095		(1) Chapter 424, Acts of the 56th Legislature, Regular
5094	5096		Session, 1959; and
5095	5097		(2) Sections 1, 3, 4, 5, 6, and 7, Chapter 189, Acts of
5096	5098		the 59th Legislature, Regular Session, 1965.
5097	5099		SECTION 3.20. HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT
5098	5100		DISTRICT NO. 1. Sections 1, 3, 4, 5, 6, and 7, Chapter 299, Acts of
5099	5101		the 56th Legislature, Regular Session, 1959, are repealed.
5100	5102		ARTICLE 4. GENERAL MATTERS
5101	5103		SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
5102	5104		This Act is enacted under Section 43, Article III, Texas
5103	5105		Constitution. This Act is intended as a codification only, and no
5104	5106		substantive change in the law is intended by this Act. This Act
5105	5107		does not increase or decrease the territory of any special district
5106	5108		of the state as those boundaries exist on the effective date of this
5107	5109		Act.
5108	5110		SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS
5109	5111		LAW. (a) The repeal of a law, including a validating law, by this
5110	5112		Act does not remove, void, or otherwise affect in any manner a
5111	5113		validation under the repealed law. The validation is preserved and
5112	5114		continues to have the same effect that it would have if the law were
5113	5115		not repealed.
5114	5116		(b) Subsection (a) of this section does not diminish the
5115	5117		saving provisions prescribed by Section 311.031, Government Code.
5116	5118		SECTION 4.03. EFFECTIVE DATE. This Act takes effect April
5117	5119		1, 2021.
5118		-	______________________________ ______________________________
5119		-	President of the Senate Speaker of the House
5120		-	I certify that H.B. No. 4172 was passed by the House on May 3,
5121		-	2019, by the following vote: Yeas 140, Nays 0, 2 present, not
5122		-	voting.
5123		-	______________________________
5124		-	Chief Clerk of the House
5125		-	I certify that H.B. No. 4172 was passed by the Senate on May
5126		-	21, 2019, by the following vote: Yeas 31, Nays 0.
5127		-	______________________________
5128		-	Secretary of the Senate
5129		-	APPROVED: _____________________
5130		-	Date
5131		-	_____________________
5132		-	Governor