H.B. No. 4172
AN ACT
relating to the nonsubstantive revision of certain local laws
concerning water and wastewater special districts, including
conforming amendments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
SECTION 1.01. NAVIGATION DISTRICTS AND PORT AUTHORITIES.
Subtitle A, Title 5, Special District Local Laws Code, is amended by adding Chapters 5012, 5016, 5018, and 5019 to read as follows:
CHAPTER 5012. SABINE PASS PORT AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 5012.0001. DEFINITIONS
Sec. 5012.0002. LEGISLATIVE FINDINGS OF PURPOSE AND
BENEFIT
Sec. 5012.0003. AUTHORITY TERRITORY
SUBCHAPTER B. AUTHORITY ADMINISTRATION
Sec. 5012.0051. COMMISSION; TERMS; ELECTION
Sec. 5012.0052. QUALIFICATIONS FOR OFFICE
Sec. 5012.0053. NOTICE OF COMMISSIONERS' ELECTION
Sec. 5012.0054. ELECTION RESULTS
Sec. 5012.0055. COMMISSIONERS' OATH AND BOND
Sec. 5012.0056. VOTING REQUIREMENT
Sec. 5012.0057. OFFICERS
Sec. 5012.0058. COMPENSATION OF COMMISSIONERS;
EXPENSES
SUBCHAPTER C. POWERS AND DUTIES
Sec. 5012.0101. GENERAL POWERS
Sec. 5012.0102. POWERS REGARDING PORTS, WATERWAYS, AND
FACILITIES
Sec. 5012.0103. BYLAWS AND RULES
Sec. 5012.0104. GIFT OR PURCHASE OF PROPERTY
Sec. 5012.0105. EMINENT DOMAIN
Sec. 5012.0106. LEASE OF AUTHORITY FACILITIES
Sec. 5012.0107. SALE OF SURPLUS PROPERTY
Sec. 5012.0108. GENERAL AUTHORITY TO MAKE CONTRACTS
AND EXECUTE INSTRUMENTS
Sec. 5012.0109. COMPETITIVE BIDDING FOR CERTAIN
CONTRACTS
Sec. 5012.0110. OFFICERS, AGENTS, AND EMPLOYEES
Sec. 5012.0111. SEAL
Sec. 5012.0112. AUTHORITY TO SUE AND BE SUED
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 5012.0151. MAINTENANCE AND OPERATIONS TAX
Sec. 5012.0152. TAX ASSESSOR AND COLLECTOR
Sec. 5012.0153. AUTHORITY TO BORROW MONEY, ACCEPT
GRANTS, AND ISSUE ASSOCIATED REVENUE
BONDS
Sec. 5012.0154. AUTHORITY TO BORROW MONEY FOR CURRENT
EXPENSES; EVIDENCE OF OBLIGATION
SUBCHAPTER E. BONDS
Sec. 5012.0201. AUTHORITY TO ISSUE BONDS; ELECTION
Sec. 5012.0202. FORM OF BONDS
Sec. 5012.0203. TERMS OF ISSUANCE
Sec. 5012.0204. DEPOSIT OF PROCEEDS
Sec. 5012.0205. RESOLUTION PROVISIONS
Sec. 5012.0206. BOND ANTICIPATION NOTES
Sec. 5012.0207. REFUNDING BONDS
CHAPTER 5012. SABINE PASS PORT AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 5012.0001. DEFINITIONS. In this chapter:
(1) "Authority" means the Sabine Pass Port Authority.
(2) "Commission" means the authority's port
commission.
(3) "Commissioner" means a commission member. (Acts
63rd Leg., R.S., Ch. 379, Secs. 1 (part), 2 (part).)
Sec. 5012.0002. LEGISLATIVE FINDINGS OF PURPOSE AND
BENEFIT. (a) The authority is a port district essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(b) All territory in the authority benefits from the
authority's improvements, works, and facilities. (Acts 63rd Leg.,
R.S., Ch. 379, Sec. 1 (part).)
Sec. 5012.0003. AUTHORITY TERRITORY. The authority is
composed of the territory in Jefferson County described by Section
1, Chapter 379, Acts of the 63rd Legislature, 1973, as that
territory may have been modified under:
(1) Subchapter H, Chapter 62, Water Code; or
(2) other law. (Acts 63rd Leg., R.S., Ch. 379, Sec. 1
(part); New.)
SUBCHAPTER B. AUTHORITY ADMINISTRATION
Sec. 5012.0051. COMMISSION; TERMS; ELECTION. (a) The
authority is governed by a commission composed of five elected
commissioners.
(b) Commissioners serve staggered two-year terms, with two
commissioners elected in each even-numbered year and three
commissioners elected in each odd-numbered year.
(c) The commission:
(1) is the authority's governing body; and
(2) has the powers conferred on navigation and canal
commissioners of navigation districts and the commissioners court
by the Water Code. (Acts 63rd Leg., R.S., Ch. 379, Secs. 2(2)
(part), 4 (part), 5 (part).)
Sec. 5012.0052. QUALIFICATIONS FOR OFFICE. Each
commissioner must:
(1) be a resident of the authority;
(2) own taxable property in the authority; and
(3) be a qualified voter. (Acts 63rd Leg., R.S., Ch.
379, Sec. 4 (part).)
Sec. 5012.0053. NOTICE OF COMMISSIONERS' ELECTION. Notice
of a commissioner's election shall be given by publishing notice
once each week for two consecutive weeks in a newspaper with general
circulation in the authority, with the first publication being made
not earlier than the 60th day before the date of the election, and
not later than the 21st day before the date of the election. (Acts
63rd Leg., R.S., Ch. 379, Sec. 5 (part).)
Sec. 5012.0054. ELECTION RESULTS. As soon as practicable
after each election held by the authority, the commission shall
declare the results of the election. (Acts 63rd Leg., R.S., Ch.
379, Sec. 6 (part).)
Sec. 5012.0055. COMMISSIONERS' OATH AND BOND. (a) Each
commissioner shall:
(1) take an oath of office that contains the
applicable provisions provided by law for members of the
commissioners court; and
(2) execute a bond for $10,000 payable to the
authority, conditioned on the faithful performance of the
commissioner's duties as a commissioner.
(b) A commissioner's bond must be approved by the
commission. (Acts 63rd Leg., R.S., Ch. 379, Sec. 6 (part).)
Sec. 5012.0056. VOTING REQUIREMENT. The concurrence of a
majority of the commissioners present at a meeting where a quorum is
present is sufficient in any matter relating to authority business.
(Acts 63rd Leg., R.S., Ch. 379, Sec. 6 (part).)
Sec. 5012.0057. OFFICERS. (a) As soon as practicable after
each election of commissioners, the commission shall elect one
commissioner presiding officer and one commissioner secretary.
(b) The presiding officer shall preside at commission
meetings.
(c) The secretary shall be responsible for maintaining and
preserving the minutes, records, and other documents of the
authority.
(d) The commission may select other officers and prescribe
their duties. (Acts 63rd Leg., R.S., Ch. 379, Sec. 6 (part).)
Sec. 5012.0058. COMPENSATION OF COMMISSIONERS; EXPENSES.
(a) Unless otherwise provided, each commissioner is entitled to
receive a fee of not more than $50 a day for each day of service
necessary to discharge the duties of a commissioner.
(b) Each commissioner is entitled to reimbursement for
actual expenses incurred on behalf of the authority and approved by
the commission. (Acts 63rd Leg., R.S., Ch. 379, Sec. 6 (part).)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 5012.0101. GENERAL POWERS. The authority may
exercise:
(1) the rights, privileges, and functions provided by
this chapter; and
(2) all powers, rights, privileges, and functions
conferred by Chapters 60 and 62, Water Code. (Acts 63rd Leg., R.S.,
Ch. 379, Secs. 1 (part), 3 (part).)
Sec. 5012.0102. POWERS REGARDING PORTS, WATERWAYS, AND
FACILITIES. The authority may:
(1) acquire, take over, construct, maintain, repair,
operate, develop, and regulate wharves, docks, warehouses, grain
elevators, ship repair facilities, belt railways, lands, and all
other facilities or aids consistent with or necessary for the
operation or development of ports, waterways, or maritime commerce
inside or outside the authority's boundaries; and
(2) construct, extend, improve, repair, maintain,
reconstruct, own, use, and operate any facility necessary or
convenient to the exercise of such powers, rights, privileges, and
functions granted by this chapter. (Acts 63rd Leg., R.S., Ch. 379,
Sec. 3 (part).)
Sec. 5012.0103. BYLAWS AND RULES. The authority may adopt
bylaws and rules for the management and regulation of its affairs.
(Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).)
Sec. 5012.0104. GIFT OR PURCHASE OF PROPERTY. The
authority by gift or purchase may acquire any property or any
interest in property that is:
(1) inside or outside the authority's boundaries; and
(2) necessary or convenient to exercising a power,
right, privilege, or function conferred on the authority by this
chapter. (Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).)
Sec. 5012.0105. EMINENT DOMAIN. (a) To exercise a power
provided by law, the authority may exercise the power of eminent
domain to acquire any property and any interest in property inside
the authority's boundaries. The authority must exercise the power
of eminent domain in the manner provided by Chapter 21, Property
Code.
(b) The authority is a municipal corporation for the
purposes of Section 21.021, Property Code.
(c) The authority is not required to give bond for appeal or
bond for costs in any judicial proceeding related to the
authority's exercise of eminent domain.
(d) The authority's authority to exercise the power of
eminent domain expired on September 1, 2013, unless the authority
submitted a letter to the comptroller in accordance with Section
2206.101(b), Government Code, not later than December 31, 2012.
(Acts 63rd Leg., R.S., Ch. 379, Secs. 3 (part), 11; New.)
Sec. 5012.0106. LEASE OF AUTHORITY FACILITIES. A lease
under Section 60.101, Water Code, may contain any provision the
commission determines is advantageous to the authority, including a
provision for:
(1) the sale of a leased property at the termination of
the lease; and
(2) the management and operation of a leased property
by the lessee. (Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).)
Sec. 5012.0107. SALE OF SURPLUS PROPERTY. The commission
may order authority property sold as provided in Section 60.101,
Water Code, if the property is not considered reasonably required
to carry out the authority's plans. (Acts 63rd Leg., R.S., Ch. 379,
Sec. 3 (part).)
Sec. 5012.0108. GENERAL AUTHORITY TO MAKE CONTRACTS AND
EXECUTE INSTRUMENTS. The authority may make a contract or execute
an instrument necessary or convenient to exercising a power, right,
privilege, or function conferred on the authority by this chapter.
(Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).)
Sec. 5012.0109. COMPETITIVE BIDDING FOR CERTAIN CONTRACTS.
(a) Before the commission enters into a contract for the
expenditure of an amount of $25,000 or more, the authority shall
submit the proposed contract for competitive bids as provided by
this section.
(b) The commission shall publish notice of the time and
place for the opening of sealed bids on a contract described by
Subsection (a) in one or more newspapers of general circulation in
this state, one of which must be a newspaper published in Jefferson
County. The notice must be published once a week for two
consecutive weeks, with the first publication being made not later
than the 14th day before the date set for the opening of bids.
(c) The commission may reject any bid submitted under this
section, but if the commission accepts a bid, the bid must be the
lowest and best bid received.
(d) This section does not apply to:
(1) improvements performed by the United States;
(2) emergencies that require immediate action to
protect persons or property;
(3) necessary emergency repairs to authority
property; or
(4) contracts for personal or professional services or
work done by the authority and paid for by the day as the work
progresses. (Acts 63rd Leg., R.S., Ch. 379, Sec. 9.)
Sec. 5012.0110. OFFICERS, AGENTS, AND EMPLOYEES. The
authority may employ, prescribe the duties of, and set the
compensation of officers, agents, and employees. (Acts 63rd Leg.,
R.S., Ch. 379, Sec. 3 (part).)
Sec. 5012.0111. SEAL. The authority may adopt and use a
corporate seal. (Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).)
Sec. 5012.0112. AUTHORITY TO SUE AND BE SUED. The authority
may sue and be sued in its corporate name. (Acts 63rd Leg., R.S.,
Ch. 379, Sec. 3 (part).)
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 5012.0151. MAINTENANCE AND OPERATIONS TAX. The
commission may impose an annual tax for the maintenance and
operation of the authority and the authority's improvements at a
rate not to exceed 20 cents for each $100 valuation of taxable
property in the authority. (Acts 63rd Leg., R.S., Ch. 379, Sec. 10
(part).)
Sec. 5012.0152. TAX ASSESSOR AND COLLECTOR. (a) The
commission shall appoint a tax assessor and collector.
(b) The tax assessor and collector shall execute a bond in
an amount set by the commission that is:
(1) at least twice the average daily balance of the
authority in its depository for the preceding year; and
(2) not more than the estimated amount of revenues of
the authority for any year. (Acts 63rd Leg., R.S., Ch. 379, Sec.
7.)
Sec. 5012.0153. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS,
AND ISSUE ASSOCIATED REVENUE BONDS. The authority may:
(1) borrow money for the authority's corporate
purposes consistent with the constitution, this chapter, and
Chapters 60-63, Water Code;
(2) borrow money or accept a grant from the United
States or from a corporation or agency created or designated by the
United States and, in connection with the loan or grant, enter into
any agreement the United States or the corporation or agency may
require; and
(3) make and issue bonds for money borrowed, in the
manner provided by this chapter. (Acts 63rd Leg., R.S., Ch. 379,
Sec. 3 (part).)
Sec. 5012.0154. AUTHORITY TO BORROW MONEY FOR CURRENT
EXPENSES; EVIDENCE OF OBLIGATION. (a) The authority may:
(1) borrow money for current expenses; and
(2) evidence the borrowed money by warrants.
(b) The total amount of the warrants may not exceed the
anticipated revenue. (Acts 63rd Leg., R.S., Ch. 379, Sec. 3
(part).)
SUBCHAPTER E. BONDS
Sec. 5012.0201. AUTHORITY TO ISSUE BONDS; ELECTION. (a)
The authority may issue bonds for any corporate purpose.
(b) The authority may issue bonds for a purpose described by
Section 5012.0102(1) or to acquire necessary or proper lands,
rights of way, extension or improvements of belt railway lines, or
construction or improvements of wharves, docks, ship repair
facilities, or other facilities or aids to navigation.
(c) The authority may secure bonds issued under Subsection
(b) by liens on properties acquired, constructed, or improved and
pledge available revenues as additional security.
(d) An election to approve the issuance of bonds payable
from taxes must be held in the manner provided for bond elections
under Chapter 54, Water Code. (Acts 63rd Leg., R.S., Ch. 379, Secs.
3 (part), 8 (part).)
Sec. 5012.0202. FORM OF BONDS. Authority bonds must be:
(1) issued in the authority's name; and
(2) signed by the commission's presiding officer.
(Acts 63rd Leg., R.S., Ch. 379, Sec. 8 (part).)
Sec. 5012.0203. TERMS OF ISSUANCE. Authority bonds may be:
(1) sold for cash;
(2) issued on terms the commission determines in
exchange for any property, or any interest in property, that the
commission considers necessary or convenient for the corporate
purpose for which the bonds are issued; or
(3) issued in exchange for like principal amounts of
other obligations of the authority, whether matured or unmatured.
(Acts 63rd Leg., R.S., Ch. 379, Sec. 8 (part).)
Sec. 5012.0204. DEPOSIT OF PROCEEDS. The proceeds of sale
of authority bonds shall be deposited in one or more banks or trust
companies, and shall be paid out according to the terms on which the
authority and the purchasers of the bonds agree. (Acts 63rd Leg.,
R.S., Ch. 379, Sec. 8 (part).)
Sec. 5012.0205. RESOLUTION PROVISIONS. (a) A resolution
authorizing bonds may contain provisions approved by the commission
that are not inconsistent with this chapter, including provisions:
(1) reserving the right to redeem the bonds or
requiring the redemption of the bonds, at a time, in an amount, and
at a price, not to exceed 105 percent of the principal amount of the
bonds, plus accrued interest;
(2) providing for the setting aside of sinking funds
or reserve funds and the regulation and disposition of those funds;
(3) securing the payment of the principal of and
interest on the bonds and of the sinking fund or reserve fund
payments associated with the bonds by pledging:
(A) all or any part of the gross or net revenue
subsequently received by the authority with respect to the property
to be acquired or constructed with the bonds or the proceeds of the
bonds; or
(B) all or any part of the gross or net revenue
subsequently received by the authority from any source;
(4) securing the payment of the principal of and
interest on the bonds by pledging taxes;
(5) prescribing the purposes to which the bonds or any
bonds subsequently issued, or the proceeds of the bonds, may be
applied;
(6) agreeing to set and collect rates and charges
sufficient to produce revenue adequate to:
(A) pay all expenses necessary to the operation,
maintenance, and replacement of and additions to the authority's
property;
(B) pay the principal of, and the interest and
premium, if any, on bonds issued under this chapter when the bonds
become due and payable;
(C) pay all sinking fund or reserve fund payments
for those bonds out of those revenues as and when they become due
and payable;
(D) fulfill the terms of any agreements made with
the holders of the bonds or with any person on their behalf; and
(E) discharge all other lawful obligations of the
authority as and when the obligations become due;
(7) prescribing limitations on the issuance of
additional bonds and subordinate lien bonds and on the agreements
that may be made with the purchasers and successive holders of those
bonds;
(8) regarding the construction, extension,
improvement, reconstruction, operation, maintenance, and repair of
the authority's properties and the carrying of insurance on all or
any part of those properties covering loss, damage, or loss of use
and occupancy resulting from specified risks;
(9) setting the procedure by which the authority may
change the terms of a contract with the bondholders, the amount of
bonds the holders of which must consent to that change, and the
manner in which the consent may be given; and
(10) providing for the execution and delivery by the
authority to a bank or trust company authorized by law to accept
trusts, or to the United States or any officer of the United States,
of indentures and agreements for the benefit of the bondholders
setting forth any of the agreements authorized by this chapter to be
made with or for the benefit of the bondholders and any other
provisions that are customary in such indentures or agreements.
(b) A provision authorized by this section that is contained
in a bond resolution is part of the contract between the authority
and the bondholders. (Acts 63rd Leg., R.S., Ch. 379, Sec. 8 (part).)
Sec. 5012.0206. BOND ANTICIPATION NOTES. (a) The
commission may declare an emergency because money is not available
to meet any of the authority's needs, including to pay the principal
of and interest on authority bonds.
(b) Bond anticipation notes may bear interest at a rate not
to exceed 10 percent and must mature not later than one year after
the date of issuance.
(c) Bond anticipation notes issued by the authority must be
taken up with the proceeds of the bonds, or the bonds may be issued
and delivered in exchange for the bond anticipation notes. (Acts
63rd Leg., R.S., Ch. 379, Sec. 8 (part).)
Sec. 5012.0207. REFUNDING BONDS. (a) The authority may
make and issue bonds for the purpose of refunding or refinancing
outstanding bonds authorized and issued by the authority under this
chapter or other law and the interest and any premium on the bonds
to maturity or on any earlier redemption date specified in the
resolution authorizing the issuance of the refunding bonds.
(b) Refunding bonds issued by the authority may:
(1) be issued to refund more than one series of
outstanding bonds;
(2) combine the pledges of the outstanding bonds for
the security of the refunding bonds; or
(3) be secured by other or additional revenue.
(c) The provisions of this chapter regarding the issuance of
bonds, the terms and provisions of bonds, and the remedies of the
bondholders apply to refunding bonds issued by the authority.
(d) The comptroller shall register the refunding bonds
issued by the authority on the surrender and cancellation of the
bonds to be refunded.
(e) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
authority, in the resolution authorizing the issuance of refunding
bonds, may provide for the sale of the refunding bonds and the
deposit of the proceeds at the places at which the bonds to be
refunded are payable. In that case, the refunding bonds may be
issued in an amount sufficient to pay the interest and premium, if
any, on the bonds to be refunded to the bonds' maturity date or
specified earlier redemption date, and the comptroller shall
register the refunding bonds without the concurrent surrender and
cancellation of the bonds to be refunded.
(f) The authority may also refund outstanding bonds in the
manner provided by Chapters 60-63, Water Code. (Acts 63rd Leg., R.S., Ch. 379, Sec. 8 (part).)
CHAPTER 5016. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,
TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 5016.0001. DEFINITIONS
Sec. 5016.0002. FORMER NAME OF AUTHORITY
SUBCHAPTER B. PORT COMMISSION
Sec. 5016.0051. COMPOSITION OF PORT COMMISSION
Sec. 5016.0052. APPOINTMENT OF PORT COMMISSIONERS;
TERMS; ELIGIBILITY
Sec. 5016.0053. FILING OF FINANCIAL STATEMENT BY PORT
COMMISSIONERS
SUBCHAPTER C. POWERS AND DUTIES
Sec. 5016.0101. USE AND DISPOSITION OF NAVAL PROPERTY
Sec. 5016.0102. ELECTIONS
Sec. 5016.0103. SECURITY AND LAW ENFORCEMENT
Sec. 5016.0104. CONTRACTS FOR SECURITY AND LAW
ENFORCEMENT SERVICES
CHAPTER 5016. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,
TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 5016.0001. DEFINITIONS. In this chapter:
(1) "Adjacent property" means the approximately 433
acres that the authority owns in San Patricio County that is bounded
on the east by the western boundary of the former Naval Station
Ingleside, on the north by Farm-to-Market Road 1069, on the west by
the corporate limits of the City of Ingleside on the Bay, and on the
south by the corporate limits of the City of Ingleside on the Bay
and the north shoreline of Corpus Christi Bay. The term does not
include property:
(A) that the authority purchased from this state
under former Article 8225, Revised Statutes; or
(B) that was granted to the authority by this
state under any general or special law.
(2) "Authority" means the Port of Corpus Christi
Authority of Nueces County, Texas.
(3) "Naval property" means:
(A) the approximately 576.615 acres of land and
submerged land in San Patricio and Nueces Counties, improvements,
and personal property, if any, that reverted to the authority when
former Naval Station Ingleside closed, other than property that the
authority purchased from this state under former Article 8225,
Revised Statutes, or that was granted to the authority by this state
under any general or special law; and
(B) the adjacent property.
(4) "Port commission" means the authority's governing
body.
(5) "Port commissioner" means a member of the port
commission. (Acts 67th Leg., R.S., Ch. 165, Sec. 2; Acts 68th Leg.,
R.S., Ch. 397, Secs. 1, 1A as added Acts 81st Leg., R.S., Ch. 53.)
Sec. 5016.0002. FORMER NAME OF AUTHORITY. Before May 20,
1981, the authority was known as the Nueces County Navigation
District No. 1. (Acts 67th Leg., R.S., Ch. 165, Sec. 1; New.)
SUBCHAPTER B. PORT COMMISSION
Sec. 5016.0051. COMPOSITION OF PORT COMMISSION. The port
commission is composed of seven port commissioners. (Acts 68th
Leg., R.S., Ch. 397, Sec. 1A as added Acts 81st Leg., R.S., Ch. 498;
Acts 78th Leg., R.S., Ch. 1334, Sec. 3 (part).)
Sec. 5016.0052. APPOINTMENT OF PORT COMMISSIONERS; TERMS;
ELIGIBILITY. (a) Port commissioners are appointed as follows:
(1) the Commissioners Court of Nueces County shall
appoint three port commissioners;
(2) the city council of the City of Corpus Christi
shall appoint three port commissioners; and
(3) the Commissioners Court of San Patricio County
shall appoint one port commissioner.
(b) Port commissioners serve staggered three-year terms
that expire in January.
(c) A port commissioner may not serve more than four full
terms.
(d) A person must have been a resident of Nueces County for
at least six months to be eligible for appointment to the port
commission by the Commissioners Court of Nueces County or the city
council of the City of Corpus Christi.
(e) Subsections (c) and (d) do not apply to a person serving
as a port commissioner on June 9, 1995. (Acts 68th Leg., R.S., Ch.
397, Secs. 2, 3, 4(c), (d); Acts 74th Leg., R.S., Ch. 469, Sec. 2;
Acts 78th Leg., R.S., Ch. 1334, Sec. 3 (part).)
Sec. 5016.0053. FILING OF FINANCIAL STATEMENT BY PORT
COMMISSIONERS. (a) Not later than April 30 of each year, a port
commissioner shall file with the Texas Ethics Commission a
financial statement that complies with Sections 572.022-572.024,
Government Code.
(b) The filed statement is a public record. (Acts 68th
Leg., R.S., Ch. 397, Sec. 4A.)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 5016.0101. USE AND DISPOSITION OF NAVAL PROPERTY. (a)
The authority may use naval property in ways that replace and
enhance the economic benefits generated by the former Naval Station
Ingleside through diversified activities, including uses to
foster:
(1) job creation and retention;
(2) economic development;
(3) industry;
(4) commerce;
(5) manufacturing;
(6) housing;
(7) recreation; and
(8) infrastructure installation on naval property.
(b) The port commission may:
(1) declare any portion of naval property surplus if
the property is not needed for a navigation-related project; and
(2) sell or lease the surplus property on terms the
port commission considers advisable to carry out the purposes of
this chapter.
(c) Notwithstanding any other law and subject to the terms
of this subsection, the authority may sell or lease property
declared surplus under this section with or without public bidding.
The authority may not sell naval property declared surplus under
this section in a private sale for less than the property's fair
market value. The authority shall obtain an appraisal of the
surplus property, which is conclusive evidence of the surplus
property's fair market value.
(d) The authority may contract with another person for
assistance in accomplishing the purposes of this section by
competitive bidding or negotiated contract as the port commission
considers appropriate, desirable, and in the authority's best
interests. (Acts 68th Leg., R.S., Ch. 397, Secs. 4B(a), (b), (c),
(d) as added Acts 81st Leg., R.S., Ch. 498.)
Sec. 5016.0102. ELECTIONS. An election relating to the
authority must be held in the authority as a whole and not on a
county-by-county basis. (Acts 68th Leg., R.S., Ch. 397, Sec. 4B as
added Acts 81st Leg., R.S., Ch. 53; Acts 78th Leg., R.S., Ch. 1334,
Sec. 4.)
Sec. 5016.0103. SECURITY AND LAW ENFORCEMENT. (a) The port
commission may adopt, amend, repeal, and enforce an ordinance,
rule, or police regulation necessary to:
(1) protect, secure, and defend the ship channels and
waterways in the authority's jurisdiction and facilities served by
those ship channels and waterways;
(2) promote the health, safety, and general welfare of
any person using the ship channels and waterways in the authority's
jurisdiction; or
(3) comply with a federal law or regulation or
implement a directive or standard of the federal government,
including the United States Department of Homeland Security and the
United States Coast Guard, relating to securing ship channels and
waterways and facilities served by ship channels and waterways and
preventing terrorist attacks on ship channels, waterways,
associated maritime facilities, and other facilities served by ship
channels and waterways.
(b) In the enforcement of an authority ordinance, rule, or
police regulation, a sheriff, constable, or other licensed peace
officer or a peace officer employed or appointed by the port
commission may make arrests, serve criminal warrants, subpoenas, or
writs, and perform any other service or duty that may be performed
by any sheriff, constable, or other licensed peace officer in
enforcing other laws of this state.
(c) In adopting an ordinance, rule, or police regulation
under Subsection (a) of this section, the port commission shall
comply with the procedures provided by Sections 60.074 and 60.075,
Water Code. (Acts 68th Leg., R.S., Ch. 397, Secs. 4C(a), (b), (c).)
Sec. 5016.0104. CONTRACTS FOR SECURITY AND LAW ENFORCEMENT
SERVICES. (a) The authority may enter into an interlocal agreement
with this state or a county, municipality, or other political
subdivision of this state to jointly provide, and share the costs
of, security for the ship channels and waterways in the authority's
jurisdiction.
(b) To protect the public interest, the authority may
contract with a qualified party, including the federal government,
Nueces County, or San Patricio County, for the provision of law
enforcement services in all or part of the authority's jurisdiction. (Acts 68th Leg., R.S., Ch. 397, Secs. 4C(d), (e).)
CHAPTER 5018. ORANGE COUNTY NAVIGATION AND PORT DISTRICT OF ORANGE
COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 5018.0001. DEFINITIONS
Sec. 5018.0002. FINDINGS OF BENEFIT AND PURPOSE
Sec. 5018.0003. DISTRICT TERRITORY
Sec. 5018.0004. LIBERAL CONSTRUCTION OF CHAPTER
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 5018.0051. BOARD OF COMMISSIONERS; TERM; ELECTION
Sec. 5018.0052. COMPOSITION OF BOARD; QUALIFICATIONS
Sec. 5018.0053. POLLING PLACES
Sec. 5018.0054. COMMISSIONER'S OATH AND BOND
Sec. 5018.0055. COMPENSATION OF COMMISSIONERS;
EXPENSES
Sec. 5018.0056. VACANCIES
Sec. 5018.0057. OFFICERS AND EMPLOYEES
Sec. 5018.0058. OFFICER'S OR EMPLOYEE'S SURETY BOND
Sec. 5018.0059. DISTRICT OFFICE
Sec. 5018.0060. CONFLICT OF INTEREST; CRIMINAL PENALTY
SUBCHAPTER C. POWERS AND DUTIES
Sec. 5018.0101. GENERAL AND NAVIGATION DISTRICT POWERS
Sec. 5018.0102. POWERS REGARDING WHARVES, DOCKS, AND
OTHER FACILITIES
Sec. 5018.0103. LIMITATION ON CERTAIN POWERS
Sec. 5018.0104. BYLAWS AND RULES
Sec. 5018.0105. ACQUISITION OF PROPERTY; EMINENT
DOMAIN; DAMAGES
Sec. 5018.0106. ACQUISITION OF PROPERTY FROM CITY OF
ORANGE
Sec. 5018.0107. GENERAL AUTHORITY TO MAKE CONTRACTS
AND EXECUTE INSTRUMENTS
Sec. 5018.0108. AUTHORITY TO SUE AND BE SUED
Sec. 5018.0109. SEAL
Sec. 5018.0110. POWERS AND LIMITATIONS REGARDING
LEVINGSTON ISLAND IN LOUISIANA
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 5018.0151. DEPOSITORY
Sec. 5018.0152. ACCOUNTS, CONTRACTS, AND OTHER
RECORDS; PUBLIC INSPECTION
Sec. 5018.0153. AUTHORITY TO BORROW MONEY, ACCEPT
GRANTS, AND ISSUE ASSOCIATED BONDS
Sec. 5018.0154. AUTHORITY TO BORROW MONEY FOR CURRENT
EXPENSES; EVIDENCE OF OBLIGATION
Sec. 5018.0155. AD VALOREM TAX FOR MAINTENANCE AND
OPERATIONS; ELECTION PROCEDURE
Sec. 5018.0156. IMPOSITION OF TAXES; TAX
CERTIFICATION; TAX
ASSESSOR-COLLECTOR
SUBCHAPTER E. BONDS
Sec. 5018.0201. DEFINITION
Sec. 5018.0202. AUTHORITY TO ISSUE BONDS
Sec. 5018.0203. ELECTION FOR BONDS PAYABLE FROM AD
VALOREM TAXES
Sec. 5018.0204. PROVISIONS OF CERTAIN BOND RESOLUTIONS
OR ORDERS; AUTHORITY TO ADOPT OR
EXECUTE OTHER PROCEEDINGS OR
INSTRUMENTS
Sec. 5018.0205. FORM OF BONDS
Sec. 5018.0206. MATURITY
Sec. 5018.0207. USE OF BOND PROCEEDS
Sec. 5018.0208. REFUNDING BONDS
CHAPTER 5018. ORANGE COUNTY NAVIGATION AND PORT DISTRICT OF ORANGE
COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 5018.0001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of
commissioners.
(2) "Commissioner" means a board member.
(3) "District" means the Orange County Navigation and
Port District of Orange County, Texas. (Acts 53rd Leg., R.S., Ch.
370, Sec. 1 (part); New.)
Sec. 5018.0002. FINDINGS OF BENEFIT AND PURPOSE. (a) The
creation of the district is essential to accomplish the purposes of
Section 59, Article XVI, Texas Constitution, including, to the
extent authorized by this chapter:
(1) the supervision, maintenance, development,
extension, and improvement of navigation in the district;
(2) the maintenance, development, extension, and
improvement of port facilities and dock facilities in the district;
and
(3) the development of the Port of Orange in the
district.
(b) The district:
(1) is essential to the general welfare of this state
for the development of maritime shipping to and from the state's
ports;
(2) is in the interest of national defense, the Port of
Orange being strategically located on the Gulf Coast with an
inland-protected harbor and in a rapidly developing industrial area
in which shipyards and ship-storing basins are located; and
(3) will result in:
(A) material benefits and improvements to
district territory;
(B) the increase of the taxable value of property
in the district; and
(C) material benefit to that part of the state in
which the district is located.
(c) All property in the district and in this state will
benefit from the district and the improvements and facilities
acquired or constructed under this chapter. (Acts 53rd Leg., R.S.,
Ch. 370, Sec. 1 (part); Acts 55th Leg., R.S., Ch. 80, Sec. 4.)
Sec. 5018.0003. DISTRICT TERRITORY. (a) The district's
boundaries are coextensive with the boundaries of Orange County,
unless the district's territory has been modified under:
(1) Section 3 or 3a, Chapter 103, Acts of the 41st
Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's
Texas Civil Statutes), before August 30, 1971;
(2) Subchapter H, Chapter 62, Water Code; or
(3) other law.
(b) The district includes all of the property within the
district's boundaries. (Acts 53rd Leg., R.S., Ch. 370, Sec. 1
(part); New.)
Sec. 5018.0004. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to effect its purposes. (Acts
53rd Leg., R.S., Ch. 370, Sec. 19.)
SUBCHAPTER B. DISTRICT ADMINISTRATION
Sec. 5018.0051. BOARD OF COMMISSIONERS; TERM; ELECTION.
(a) The district is governed by a board composed of five elected
commissioners.
(b) Commissioners serve staggered four-year terms.
(c) The district shall hold an election in the district on
the uniform election date in May of each even-numbered year to elect
commissioners.
(d) The board has the rights and powers conferred and
imposed on navigation and canal commissioners and commissioners
courts by Chapter 62, Water Code. (Acts 53rd Leg., R.S., Ch. 370,
Secs. 3 (part), 8(a) (part), (c).)
Sec. 5018.0052. COMPOSITION OF BOARD; QUALIFICATIONS. (a)
One commissioner must reside in each county commissioners precinct
of Orange County and one commissioner must reside in the county at
large.
(b) Each commissioner must:
(1) be a qualified voter of the district; and
(2) own taxable real property located in the district.
(c) The candidates receiving the highest number of votes
from each county commissioners precinct and the county at large
shall be declared elected. (Acts 53rd Leg., R.S., Ch. 370, Secs. 3
(part), 8(a) (part).)
Sec. 5018.0053. POLLING PLACES. For all elections held
under this chapter, the board, in each election order, shall
designate the number and location of polling places, provided that
at least one polling place is located in each of the county
commissioners precincts. (Acts 53rd Leg., R.S., Ch. 370, Sec. 17
(part).)
Sec. 5018.0054. COMMISSIONER'S OATH AND BOND. Not later
than the 10th day after the date of the commissioner's election,
each commissioner shall:
(1) take and subscribe an oath of office with
conditions in the oath as provided by law for members of the county
commissioners court; and
(2) enter into a good and sufficient bond in the amount
of $1,000 payable to the district, conditioned on the faithful
performance of the commissioner's duties as a commissioner. (Acts
53rd Leg., R.S., Ch. 370, Sec. 13.)
Sec. 5018.0055. COMPENSATION OF COMMISSIONERS; EXPENSES.
(a) At the first meeting after each election, the commissioners by
order shall set the amount of compensation to be received by a
commissioner for each day served, not to exceed $600 per year, plus
actual traveling expenses.
(b) Each month or as soon as practicable following each
month, each commissioner shall file with the district's secretary a
statement showing the amount owed to the commissioner. A check may
not be issued to the commissioner until the commissioner has filed
the statement with the secretary. (Acts 53rd Leg., R.S., Ch. 370,
Sec. 10.)
Sec. 5018.0056. VACANCIES. (a) A vacancy on the board
shall be filled by board appointment until the next commissioners'
election. If the vacant position is not regularly scheduled to be
filled at that election, the person elected to fill the position
serves only for the remainder of the unexpired term.
(b) A person appointed under this section must have the same
qualifications as a person elected to the board. (Acts 53rd Leg.,
R.S., Ch. 370, Sec. 8(e).)
Sec. 5018.0057. OFFICERS AND EMPLOYEES. (a) As soon as
practicable after each election of commissioners, the board shall
elect a president, vice president, and secretary and treasurer.
(b) The board may:
(1) employ a port director and other officers as
required to manage and operate the district and, subject to the
board's orders, delegate that authority;
(2) employ and prescribe the duties of officers,
agents, and employees;
(3) set the compensation of officers, agents, and
employees; and
(4) remove any employee. (Acts 53rd Leg., R.S., Ch.
370, Secs. 2 (part), 7, 11 (part).)
Sec. 5018.0058. OFFICER'S OR EMPLOYEE'S SURETY BOND. (a) A
bond required of a district officer or employee must be executed by
a surety company authorized to do business in this state as surety
on the bond.
(b) The district may pay the premium on the bond. (Acts 53rd
Leg., R.S., Ch. 370, Sec. 11 (part).)
Sec. 5018.0059. DISTRICT OFFICE. A regular office shall be
established and maintained for conducting district business in the
district's territory. (Acts 53rd Leg., R.S., Ch. 370, Sec. 9
(part).)
Sec. 5018.0060. CONFLICT OF INTEREST; CRIMINAL PENALTY.
(a) A district commissioner, engineer, or employee, personally or
as an agent for another person, may not benefit directly or
indirectly from a sale, purchase, or contract entered into by the
board.
(b) A person commits an offense if the person violates this
section. An offense under this subsection is a misdemeanor
punishable by:
(1) a fine not to exceed $1,000;
(2) confinement in the county jail for not less than
six months or more than one year; or
(3) both the fine and confinement. (Acts 53rd Leg.,
R.S., Ch. 370, Sec. 11 (part).)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 5018.0101. GENERAL AND NAVIGATION DISTRICT POWERS.
The district has:
(1) the powers of government and the authority to
exercise the rights, privileges, and functions specified by this
chapter; and
(2) all powers, rights, privileges, and functions
conferred by general law, including Chapter 62, Water Code, on any
navigation district created or operating under Section 59, Article
XVI, Texas Constitution. (Acts 53rd Leg., R.S., Ch. 370, Secs. 1
(part), 2 (part), 3 (part).)
Sec. 5018.0102. POWERS REGARDING WHARVES, DOCKS, AND OTHER
FACILITIES. The district may:
(1) acquire, take over, construct, maintain, repair,
operate, develop, and regulate wharves, docks, warehouses, grain
elevators, dumping facilities, belt railways, lands, and other
facilities or aids consistent with or necessary to the operation or
development of ports or waterways in the district; and
(2) construct, extend, improve, repair, maintain, and
reconstruct, cause to be constructed, extended, improved,
repaired, maintained, and reconstructed, and own, rent, lease, use,
and operate any facility of any kind necessary or convenient to the
exercise of the powers, rights, privileges, and functions granted
by this chapter. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2 (part).)
Sec. 5018.0103. LIMITATION ON CERTAIN POWERS. This chapter
may not be construed as granting the district or the board any power
over the appointment, operations, or conduct of:
(1) a branch pilot appointed under Section 69.037,
Transportation Code; or
(2) the board of pilot commissioners described by
Section 69.011, Transportation Code. (Acts 53rd Leg., R.S., Ch.
370, Sec. 2(j) (part).)
Sec. 5018.0104. BYLAWS AND RULES. The district may adopt
bylaws and rules to manage and regulate its affairs. (Acts 53rd
Leg., R.S., Ch. 370, Sec. 2 (part).)
Sec. 5018.0105. ACQUISITION OF PROPERTY; EMINENT DOMAIN;
DAMAGES. (a) In this section, "property" means property of any
kind, including a lighter, a tug, a barge, and other floating
equipment of any nature.
(b) If necessary or convenient to exercising a power, right,
privilege, or function conferred on the district by this chapter,
the district:
(1) by gift or purchase may acquire property or an
interest in property that is inside or outside the district's
boundaries; or
(2) by exercising the power of eminent domain may
acquire property or an interest in property that is inside the
district's boundaries.
(c) The district may exercise the power of eminent domain to
acquire the fee simple title to or an easement or right-of-way over
and through any land, water, or land under water, private or public,
in the district that the board determines is necessary or
convenient to carry out a purpose or power granted to the district
by this chapter.
(d) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except that the
district is not required to give bond for appeal or bond for costs
in any judicial proceeding.
(e) In exercising the power of eminent domain against a
person that has the power of eminent domain or a receiver or trustee
for that person, the district may acquire an easement only and not
the fee simple title.
(f) A condemnation proceeding is under the board's
direction and must be in the district's name.
(g) Except as provided by Subsections (h) and (i), the
assessment of damages and all procedures with reference to
condemnation, appeal, and payment must conform to Chapter 21,
Property Code.
(h) If the district's exercise of a power granted by this
chapter makes necessary the relocation of a railroad line or
right-of-way, the district shall pay the cost of the relocation and
any damage incurred in changing and adjusting the railroad lines
and grades.
(i) The damages to the owner of public utilities and
communication facilities and properties must include the actual
loss, costs, and expenses incident to the removal and relocation of
the facilities and properties, including:
(1) the costs of installing the facilities in a new
location;
(2) the costs of any land or rights or interest in
land; and
(3) any other property rights acquired to accomplish
the removal and relocation.
(j) The district's authority under this section to exercise
the power of eminent domain expired on September 1, 2013, unless the
district submitted a letter to the comptroller in accordance with
Section 2206.101(b), Government Code, not later than December 31,
2012. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2 (part); New.)
Sec. 5018.0106. ACQUISITION OF PROPERTY FROM CITY OF
ORANGE. (a) The district may acquire from the City of Orange, with
the consent of the City of Orange as provided by the city's charter,
the city's port properties, lands, assets, liabilities, contracts,
improvement plans, money on hand, and facilities acquired by the
city for port purposes.
(b) The manner of the acquisition authorized under this
section must be determined between the City of Orange's city
commission and the board. (Acts 53rd Leg., R.S., Ch. 370, Sec. 4.)
Sec. 5018.0107. GENERAL AUTHORITY TO MAKE CONTRACTS AND
EXECUTE INSTRUMENTS. The district may make a contract or execute an
instrument necessary or convenient to exercise a power, right,
privilege, or function granted to the district by this chapter.
(Acts 53rd Leg., R.S., Ch. 370, Sec. 2 (part).)
Sec. 5018.0108. AUTHORITY TO SUE AND BE SUED. The district
may sue and be sued in its corporate name. (Acts 53rd Leg., R.S.,
Ch. 370, Sec. 2 (part).)
Sec. 5018.0109. SEAL. The district may adopt and use a
corporate seal. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2 (part).)
Sec. 5018.0110. POWERS AND LIMITATIONS REGARDING
LEVINGSTON ISLAND IN LOUISIANA. (a) On approval by resolution of
the board, the district may purchase for the district the following
property: Levingston Island, also known as Harbor Island, located
in the bend of the Sabine River, opposite the City of Orange and
located in Calcasieu Parish, Louisiana.
(b) The property purchased under this section is not
territory in the district's boundaries. The authority to purchase
the property described in this section and the purchase of that
property is not the annexation or attempted annexation of the
property to the State of Texas from the State of Louisiana.
(c) The district may:
(1) provide projects and facilities on the property
purchased under this section for purposes of economic development
to benefit the district; and
(2) issue bonds and other obligations of the district
secured by the revenue from the projects and facilities provided on
the property purchased under this section for the purposes of
constructing, acquiring, and maintaining those projects and
facilities.
(d) The district may not impose ad valorem taxes in the
district to finance the projects and facilities provided under this
section. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2A.)
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 5018.0151. DEPOSITORY. The board shall select a
depository or depositories for the district in the manner provided
by law for the selection of a county depository. (Acts 53rd Leg.,
R.S., Ch. 370, Sec. 12.)
Sec. 5018.0152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS;
PUBLIC INSPECTION. (a) The board shall cause to be kept complete
and accurate accounts conforming to approved methods of
bookkeeping.
(b) The secretary shall:
(1) keep a true and full account of board meetings and
proceedings; and
(2) preserve board minutes, contracts, notices,
accounts, receipts, and other records in a fireproof vault or safe.
(c) The records kept and preserved by the secretary under
Subsection (b) are:
(1) district property; and
(2) subject to public inspection. (Acts 53rd Leg.,
R.S., Ch. 370, Sec. 9 (part).)
Sec. 5018.0153. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS,
AND ISSUE ASSOCIATED BONDS. (a) The district may:
(1) borrow money for any purpose that is provided by:
(A) this chapter; or
(B) the general laws relating to navigation
districts;
(2) borrow money or accept a grant from the United
States or from a corporation or agency created or designated by the
United States and, in connection with the loan or grant, enter into
any agreement the United States or the corporation or agency
requires; and
(3) make and issue bonds for money borrowed, in the
manner and to the extent provided by this chapter.
(b) The district may make and issue bonds under Subsection
(a)(3) that are:
(1) revenue bonds;
(2) tax bonds; or
(3) combination tax-revenue bonds. (Acts 53rd Leg.,
R.S., Ch. 370, Sec. 2 (part).)
Sec. 5018.0154. AUTHORITY TO BORROW MONEY FOR CURRENT
EXPENSES; EVIDENCE OF OBLIGATION. (a) The district may:
(1) borrow money for current expenses; and
(2) evidence the borrowed money by warrants payable
not later than the close of the calendar year for which the loan is
made.
(b) The amount of the warrants may not exceed the
anticipated revenue. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2
(part).)
Sec. 5018.0155. AD VALOREM TAX FOR MAINTENANCE AND
OPERATIONS; ELECTION PROCEDURE. (a) The district may impose an
annual ad valorem tax at a rate not to exceed 15 cents on each $100
valuation of taxable property in the district for the maintenance,
operation, and upkeep of the district and the facilities,
properties, and improvements constructed or acquired by the
district.
(b) Elections may be held to increase, reduce, or abate a
tax imposed under this section, subject to the limit prescribed by
Subsection (a).
(c) A maintenance tax election must be held in the same
manner as a bond election. (Acts 53rd Leg., R.S., Ch. 370, Secs. 5
(part), 17 (part).)
Sec. 5018.0156. IMPOSITION OF TAXES; TAX CERTIFICATION; TAX
ASSESSOR-COLLECTOR. (a) A tax authorized by this chapter, whether
for bonds or maintenance purposes, must be imposed by the board.
(b) Each year, the board shall certify to the Orange County
tax assessor-collector the rate or rates of tax that the board has
imposed for bonds and maintenance purposes.
(c) The Orange County tax assessor-collector shall assess
and collect taxes imposed by the board in the manner provided by
Chapter 62, Water Code. (Acts 53rd Leg., R.S., Ch. 370, Sec. 3
(part).)
SUBCHAPTER E. BONDS
Sec. 5018.0201. DEFINITION. In this subchapter, "net
revenue" means the gross revenue derived from the operation of the
district's improvements and facilities the income of which is
pledged to the payment of district bonds less the reasonable
expense of maintaining and operating those improvements and
facilities, including necessary repair, upkeep, and insurance
expenses for those improvements and facilities. (Acts 53rd Leg.,
R.S., Ch. 370, Sec. 14(a) (part).)
Sec. 5018.0202. AUTHORITY TO ISSUE BONDS. (a) To provide
money for any purpose provided by this chapter or another law
relating to navigation districts, the board may issue bonds
secured:
(1) solely by a pledge of and payable from the net
revenue derived from the operation of all or a designated part of
the district's improvements and facilities then in existence or to
be constructed or acquired;
(2) by a pledge of and payable from an ad valorem tax
on all taxable property in the district under Section 59, Article
XVI, Texas Constitution; or
(3) by a combination of the methods prescribed under
Subdivisions (1) and (2).
(b) If bonds issued under Subsection (a)(1) are
outstanding, the board shall charge and collect fees, tolls, and
charges sufficient to:
(1) pay all maintenance and operation expenses of the
improvements and facilities, the income of which is pledged;
(2) pay the interest on the bonds as it accrues;
(3) pay the principal of the bonds as it matures; and
(4) make any other payments prescribed in the bond
order or resolution.
(c) If bonds issued under Subsection (a)(2) are
outstanding, the board shall annually impose a tax sufficient to
pay:
(1) the interest on the bonds as it accrues; and
(2) the principal of the bonds as it matures.
(d) If bonds issued under Subsection (a)(3) are
outstanding, the board shall charge and collect fees, tolls, and
charges so that, in the manner prescribed in the bond order or
resolution, the amount of tax to be collected may be reduced or
abated to the extent that the revenue from the operation of the
improvements and facilities, the income of which is pledged, is
sufficient to:
(1) meet the requirements for maintenance and
operation of the improvements and facilities; and
(2) provide money for the bonds as prescribed in the
bond order or resolution.
(e) All district bonds must be authorized by board
resolution or order.
(f) Bonds payable solely from net revenue may be issued
without an election. (Acts 53rd Leg., R.S., Ch. 370, Secs. 14(a)
(part), (b) (part), (c) (part), (e) (part).)
Sec. 5018.0203. ELECTION FOR BONDS PAYABLE FROM AD VALOREM
TAXES. (a) Bonds, other than refunding bonds, payable wholly or
partly from ad valorem taxes may not be issued unless authorized by
an election called by the board at which a majority of the votes
cast favor the bond issuance.
(b) Notice of the election must be given by publishing a
substantial copy of the order calling the election in a newspaper of
general circulation in the district on the same day in each of two
successive weeks. The first publication must be not later than the
14th day before the date of the election. No other notice of the
election is necessary.
(c) If the bonds are to be payable solely from taxes, the
ballot must have printed on it "For the bonds and the levy of taxes
in payment thereof" and the contrary of that proposition.
(d) If the bonds are to be payable both from net revenue and
taxes, the ballot must have printed on it "For the bonds, the pledge
of net revenues, and the levy of taxes adequate to provide for the
payment thereof" and the contrary of that proposition. (Acts 53rd
Leg., R.S., Ch. 370, Secs. 14(b) (part), (e) (part).)
Sec. 5018.0204. PROVISIONS OF CERTAIN BOND RESOLUTIONS OR
ORDERS; AUTHORITY TO ADOPT OR EXECUTE OTHER PROCEEDINGS OR
INSTRUMENTS. (a) In the resolution or order adopted by the board
authorizing the issuance of bonds payable wholly or partly from net
revenue, the board may:
(1) provide for:
(A) the flow of money; and
(B) the establishment and maintenance of an
interest and sinking fund, a reserve fund, and any other funds;
(2) make any additional covenants with respect to the
bonds, the pledged revenue, and the operation, maintenance, and
upkeep of the improvements and facilities the income of which is
pledged, including a provision for the leasing of all or a part of
the improvements and facilities and the use or pledge of money
derived from those leases, as the board considers appropriate;
(3) prohibit the further issuance of bonds or other
obligations payable from the pledged net revenue;
(4) reserve the right to issue additional bonds to be
secured by a pledge of and payable from the net revenue on a parity
with, or subordinate to, the lien and pledge in support of the bonds
being issued, subject to any conditions provided by the resolution
or order; or
(5) include any other provision or covenant, as
determined by the board, that is not prohibited by the Texas
Constitution or this chapter.
(b) The board may adopt and execute any other proceeding or
instrument necessary or convenient to issue the bonds. (Acts 53rd
Leg., R.S., Ch. 370, Sec. 14(a) (part).)
Sec. 5018.0205. FORM OF BONDS. District bonds must be:
(1) issued in the district's name;
(2) signed by the president; and
(3) attested by the secretary. (Acts 53rd Leg., R.S.,
Ch. 370, Sec. 14(c) (part).)
Sec. 5018.0206. MATURITY. District bonds must mature not
later than 40 years after the date of their issuance. (Acts 53rd
Leg., R.S., Ch. 370, Sec. 14(c) (part).)
Sec. 5018.0207. USE OF BOND PROCEEDS. The board may
appropriate or set aside out of the proceeds from the sale of any
district bonds:
(1) an amount for the payment of interest expected to
accrue during the period of construction of the improvements or
facilities; and
(2) an amount necessary to pay all expenses incurred
and to be incurred in the issuance, sale, and delivery of the bonds.
(Acts 53rd Leg., R.S., Ch. 370, Sec. 14(d).)
Sec. 5018.0208. REFUNDING BONDS. (a) The board may issue
refunding bonds of the district to refund any outstanding district
bonds and accrued interest on those bonds.
(b) Refunding bonds may:
(1) as to outstanding bonds payable wholly from taxes,
be issued to refund more than one series or issue of the outstanding
bonds; and
(2) as to outstanding bonds payable wholly or partly
from net revenue:
(A) be issued to refund more than one series or
issue of the outstanding bonds;
(B) combine the pledges for the outstanding bonds
for the security of the refunding bonds; and
(C) be secured by other or additional revenue.
(c) Bonds payable solely from net revenue may not be
refunded into bonds secured by taxes unless the issuance of the
bonds is authorized by a majority of the voters voting at an
election held in the same manner as a bond election.
(d) Refunding under this section may not impair the contract
rights of the holders of any of the outstanding bonds that are not
to be refunded.
(e) Refunding bonds must:
(1) be authorized by a board resolution or order;
(2) be executed and mature as provided by this chapter
for original bonds; and
(3) bear interest at the same or a lower rate than that
of the bonds refunded unless it is shown mathematically that a
saving will result in the total amount of interest to be paid.
(f) The comptroller shall register the refunding bonds on
surrender and cancellation of the bonds to be refunded.
(g) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
district, in the resolution or order authorizing the issuance of
the refunding bonds, may provide for the sale of the refunding bonds
and the deposit of the proceeds in the place or places at which the
bonds to be refunded are payable. In that case, the refunding bonds
may be issued in an amount sufficient to pay the interest on the
bonds to be refunded to their option date or maturity date, and the
comptroller shall register the refunding bonds without the
surrender and cancellation of the bonds to be refunded. (Acts 53rd Leg., R.S., Ch. 370, Sec. 15 (part).)
CHAPTER 5019. CHAMBERS-LIBERTY COUNTIES NAVIGATION DISTRICT
Sec. 5019.0001. DEFINITIONS
Sec. 5019.0002. APPOINTMENT OF DISTRICT COMMISSIONERS
Sec. 5019.0003. TERM OF OFFICE
CHAPTER 5019. CHAMBERS-LIBERTY COUNTIES NAVIGATION DISTRICT
Sec. 5019.0001. DEFINITIONS. In this chapter:
(1) "Commissioner" means a member of the district's
navigation and canal commission.
(2) "District" means the Chambers-Liberty Counties
Navigation District. (New.)
Sec. 5019.0002. APPOINTMENT OF DISTRICT COMMISSIONERS. (a)
Notwithstanding Section 62.072, Water Code, commissioners are
appointed as provided by this section.
(b) The commissioners court of Chambers County by majority
vote shall appoint two commissioners. The commissioners court of
Liberty County by majority vote shall appoint two commissioners.
The two commissioners courts shall appoint a fifth commissioner at
a joint meeting of the two commissioners courts called and presided
over by the county judge of Chambers County.
(c) Each of the county judges and county commissioners
composing the commissioners courts of both counties is entitled to
one vote in appointing the fifth commissioner. A majority vote of
those present at the meeting is sufficient to make the appointment.
(Acts 76th Leg., R.S., Ch. 1145, Secs. 1(a), (b), (c).)
Sec. 5019.0003. TERM OF OFFICE. Notwithstanding Section
62.065, Water Code, commissioners serve staggered four-year terms.
(Acts 76th Leg., R.S., Ch. 1145, Sec. 1(d).)
SECTION 1.02. MUNICIPAL UTILITY DISTRICTS. Subtitle F,
Title 6, Special District Local Laws Code, is amended by adding Chapters 8018, 8020, 8021, 8022, 8023, and 8024 to read as follows:
CHAPTER 8018. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 319
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8018.0001. DEFINITIONS
Sec. 8018.0002. NATURE OF DISTRICT
Sec. 8018.0003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8018.0004. DISTRICT TERRITORY
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8018.0051. COMPOSITION OF BOARD
Sec. 8018.0052. BOARD VACANCY
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8018.0101. MUNICIPAL UTILITY DISTRICT POWERS
Sec. 8018.0102. WATER CONSERVATION PROGRAM
CHAPTER 8018. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 319
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8018.0001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a member of the board.
(3) "District" means the Harris County Municipal
Utility District No. 319. (Acts 69th Leg., R.S., Ch. 787, Secs.
1(a) (part), 2; New.)
Sec. 8018.0002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution. (Acts 69th Leg.,
R.S., Ch. 787, Sec. 1(a) (part).)
Sec. 8018.0003. FINDINGS OF PUBLIC USE AND BENEFIT. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. (Acts
69th Leg., R.S., Ch. 787, Secs. 1(b), 5.)
Sec. 8018.0004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 3, Chapter 787, Acts
of the 69th Legislature, Regular Session, 1985, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code;
(2) Subchapter H, Chapter 54, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field notes
in the legislative process does not affect:
(1) the district's organization, existence, or
validity;
(2) the district's right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bonds;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its
governing body. (Acts 69th Leg., R.S., Ch. 787, Sec. 4; New.)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8018.0051. COMPOSITION OF BOARD. The district is
governed by a board of five elected directors. (Acts 69th Leg.,
R.S., Ch. 787, Secs. 8(a), (b) (part).)
Sec. 8018.0052. BOARD VACANCY. (a) Except as provided by
Subsection (b), a vacancy in the office of director shall be filled
in the manner provided by Section 49.105, Water Code.
(b) The Texas Commission on Environmental Quality shall
appoint directors to fill the vacancies on the board whenever the
number of qualified directors is fewer than three. (Acts 69th Leg.,
R.S., Ch. 787, Sec. 8(e) (part); New.)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8018.0101. MUNICIPAL UTILITY DISTRICT POWERS. The
district has the rights, powers, privileges, and functions provided
by general law, including Chapters 49 and 54, Water Code,
applicable to a municipal utility district created under Section
59, Article XVI, Texas Constitution. (Acts 69th Leg., R.S., Ch.
787, Sec. 6(a) (part); New.)
Sec. 8018.0102. WATER CONSERVATION PROGRAM. (a) In this
section, "water conservation program" means the practices,
techniques, and technologies that will reduce water consumption,
reduce water loss or waste, improve efficiency in water use, or
increase water recycling and reuse so that a water supply is
available for future or alternative uses.
(b) The district shall adopt and implement a water
conservation program consistent with rules and criteria adopted and
enforceable by the Texas Commission on Environmental Quality for
similarly situated districts in the region. (Acts 69th Leg., R.S., Ch. 787, Sec. 7.)
CHAPTER 8020. POLK COUNTY FRESH WATER SUPPLY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8020.0001. DEFINITION
Sec. 8020.0002. NATURE OF DISTRICT
Sec. 8020.0003. DISTRICT TERRITORY
Sec. 8020.0004. DISTRICT NAME CHANGE
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8020.0051. MUNICIPAL UTILITY DISTRICT POWERS
CHAPTER 8020. POLK COUNTY FRESH WATER SUPPLY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8020.0001. DEFINITION. In this chapter, "district"
means the Polk County Fresh Water Supply District No. 2. (Acts 75th
Leg., R.S., Ch. 814, Sec. 1 (part); New.)
Sec. 8020.0002. NATURE OF DISTRICT. The district is a
municipal utility district converted from a fresh water supply
district by Chapter 814, Acts of the 75th Legislature, Regular
Session, 1997. (Acts 75th Leg., R.S., Ch. 814, Sec. 1 (part);
New.)
Sec. 8020.0003. DISTRICT TERRITORY. (a) The district's
boundaries are those confirmed by Section 3, Chapter 814, Acts of
the 75th Legislature, Regular Session, 1997, as those boundaries
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code;
(2) Subchapter H, Chapter 54, Water Code; or
(3) other law.
(b) The confirmation of boundaries described by Subsection
(a):
(1) does not enlarge or diminish the district as it
existed on September 1, 1997; and
(2) includes the property in the district that was
being served or taxed on September 1, 1997. (Acts 75th Leg., R.S.,
Ch. 814, Sec. 3 (part); New.)
Sec. 8020.0004. DISTRICT NAME CHANGE. The district's board
of directors may change the name of the district in an open meeting
for which proper notice has been given. (Acts 75th Leg., R.S.,
Ch. 814, Sec. 2.)
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8020.0051. MUNICIPAL UTILITY DISTRICT POWERS. (a)
Except as provided by Subsection (b), the district has the rights,
powers, privileges, and functions conferred by Chapter 54, Water
Code.
(b) The district may not exercise any authority with regard
to firefighting or to municipal solid waste disposal. (Acts 75th Leg., R.S., Ch. 814, Sec. 1 (part).)
CHAPTER 8021. LAKEWAY MUNICIPAL UTILITY DISTRICT
Sec. 8021.0001. DEFINITIONS
Sec. 8021.0002. EXCLUSION OF LAND
Sec. 8021.0003. NOTICE OF HEARING
Sec. 8021.0004. EXCLUSION WITH BOND REFUNDING
Sec. 8021.0005. APPLICABILITY OF CERTAIN OTHER LAW
CHAPTER 8021. LAKEWAY MUNICIPAL UTILITY DISTRICT
Sec. 8021.0001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Lakeway Municipal Utility
District, Travis County. (Acts 75th Leg., R.S., Ch. 1272, Sec. 1.)
Sec. 8021.0002. EXCLUSION OF LAND. (a) The board may, at
its discretion, call a hearing to consider excluding land from the
district or determine not to call a hearing to exclude land from the
district.
(b) If the board holds a hearing under Subsection (a), the
board may by order exclude land from the district on any of the
grounds for exclusion provided by Section 49.306, Water Code,
provided that:
(1) the board receives a petition, signed by the
owners of the land to be excluded and consented to by all
lienholders, requesting exclusion of the land as described by metes
and bounds; and
(2) the owners of the land pay to the district a
payment and any other fees or costs required by the district. (Acts
75th Leg., R.S., Ch. 1272, Sec. 2.)
Sec. 8021.0003. NOTICE OF HEARING. (a) Except as provided
by Section 8021.0004, in addition to the notice required by Section
49.304, Water Code, the district shall, not later than the 30th day
before the date of the exclusion hearing under Section
8021.0002(a):
(1) publish notice of the exclusion hearing in a
nationally recognized financial journal; and
(2) mail notice of the exclusion hearing by certified
mail to the paying agent or registrar of the district's outstanding
bonds.
(b) The notice required by Subsection (a) must advise any
district bondholder, taxpayer, or other interested party that the
person may appear at the exclusion hearing in support of or in
opposition to the petition for exclusion. (Acts 75th Leg., R.S.,
Ch. 1272, Sec. 3; New.)
Sec. 8021.0004. EXCLUSION WITH BOND REFUNDING. (a) Land
may be excluded as authorized by this chapter in conjunction with a
refunding of the district's outstanding bonds.
(b) If land is excluded in the manner provided by Subsection
(a), the only notice required is the notice specified by Section
49.304, Water Code. (Acts 75th Leg., R.S., Ch. 1272, Sec. 4.)
Sec. 8021.0005. APPLICABILITY OF CERTAIN OTHER LAW.
Sections 49.307 and 49.308, Water Code, apply to an exclusion of
land carried out under this chapter. (Acts 75th Leg., R.S., Ch. 1272, Sec. 5.)
CHAPTER 8022. TANGLEWOOD FOREST LIMITED DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8022.0001. DEFINITION
SUBCHAPTER B. FINANCIAL PROVISIONS
Sec. 8022.0051. USE OF GENERAL OPERATING FUNDS
CHAPTER 8022. TANGLEWOOD FOREST LIMITED DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8022.0001. DEFINITION. In this chapter, "district"
means the Tanglewood Forest Limited District. (Acts 74th Leg.,
R.S., Ch. 675, Sec. 1.)
SUBCHAPTER B. FINANCIAL PROVISIONS
Sec. 8022.0051. USE OF GENERAL OPERATING FUNDS.
Notwithstanding Section 54.236, Water Code, the district may use
general operating funds to install, operate, and maintain street or
security lighting in an area in the district:
(1) that has had water utilities and streets installed
for not less than eight years; and
(2) in which the developer of the area has not
installed street or security lighting as required as a condition of
the municipality's granting its consent to the creation of the
district under Section 54.016, Water Code. (Acts 74th Leg., R.S., Ch. 675, Sec. 2.)
CHAPTER 8023. THE WOODLANDS METRO CENTER MUNICIPAL UTILITY DISTRICT
Sec. 8023.0001. DEFINITION
Sec. 8023.0002. EXCLUSION OF TERRITORY
Sec. 8023.0003. ANNEXATION OR ADDITION OF TERRITORY
CHAPTER 8023. THE WOODLANDS METRO CENTER MUNICIPAL UTILITY DISTRICT
Sec. 8023.0001. DEFINITION. In this chapter, "district"
means The Woodlands Metro Center Municipal Utility District, of
Montgomery County, Texas. (Acts 72nd Leg., R.S., Ch. 322, Sec.
1(2).)
Sec. 8023.0002. EXCLUSION OF TERRITORY. (a) The district
may exclude territory from the district after a bond election has
been called or bonds have been issued only if:
(1) the exclusion of the territory is not expressly
prohibited by the orders or resolutions calling the bond election
or authorizing the issuance of the bonds;
(2) the district annexes or adds territory into the
district that is sufficient to avoid an impairment of the security
for payment of the voted or issued bonds and of any other contract
obligations that are wholly or partly payable from or secured by ad
valorem taxes or net revenues of the district; and
(3) the exclusion and addition of territory is
accomplished in conformity with the notice and hearing requirements
relating to the exclusion and addition of territory prescribed by
Subchapter J, Chapter 49, Water Code.
(b) The district must finally annex or include the
additional territory prescribed by Subsection (a)(2)
simultaneously with the exclusion of the territory or not earlier
than the 30th day before the date the territory is excluded.
(c) Before the effective date of the exclusion, the district
must receive from the territory proposed to be excluded payments of
all rates, fees, and charges for water, sewer, or other district
services provided to the territory, and of all ad valorem taxes,
standby fees, and associated penalties and interest relating to the
territory, that are due or overdue.
(d) If ad valorem taxes or standby fees have not been
established for the year in which the territory is to be excluded,
the territory shall pay an amount determined by the district to be
equal to the estimated ad valorem taxes or standby fees the district
will establish for the year. (Acts 72nd Leg., R.S., Ch. 322, Sec.
2.)
Sec. 8023.0003. ANNEXATION OR ADDITION OF TERRITORY. (a)
Territory annexed or added to the district is sufficient to avoid an
impairment of the security for payment of an obligation of the
district if:
(1) the taxable value of the additional territory is
equal to or greater than the taxable value of the excluded
territory, as determined by the most recent certified county
property tax rolls; and
(2) the estimated cost to provide district facilities
and services to the additional territory is equal to or less than
the estimated cost to provide district facilities and services to
the excluded territory, as determined by the district's engineer.
(b) In addition to the requirements of Subsection (a), if
the district's outstanding bonds or contract obligations are wholly
or partly payable from or secured by the net revenues from the
ownership or operation of the district's waterworks or sewer
systems, the projected net revenues to be derived from the
additional territory during the period ending on the anniversary of
the date on which the territory is added must be equal to or greater
than the projected net revenues that would be derived during that
period from the excluded territory, as determined by the district's engineer. (Acts 72nd Leg., R.S., Ch. 322, Sec. 3.)
CHAPTER 8024. BAYBROOK MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8024.0001. DEFINITIONS
Sec. 8024.0002. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8024.0003. CONFLICTS OF LAW
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8024.0051. ROAD UTILITY DISTRICT POWERS AND
DUTIES
Sec. 8024.0052. ROAD PROJECTS
Sec. 8024.0053. RAPID TRANSIT AUTHORITY POWERS
SUBCHAPTER C. FINANCIAL PROVISIONS
Sec. 8024.0101. ELECTIONS REGARDING TAXES OR BONDS
Sec. 8024.0102. MAINTENANCE TAX
CHAPTER 8024. BAYBROOK MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8024.0001. DEFINITIONS. In this chapter:
(1) "City" means the City of Houston, Texas.
(2) "District" means the Baybrook Municipal Utility
District No. 1. (Acts 77th Leg., R.S., Ch. 1386, Secs. 2(2), (3).)
Sec. 8024.0002. FINDINGS OF PUBLIC USE AND BENEFIT. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 52, Article III,
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1386, Sec. 3.)
Sec. 8024.0003. CONFLICTS OF LAW. (a) This section applies
only to laws enacted on or before June 16, 2001.
(b) Chapter 49 or 54, Water Code, controls over a
conflicting or inconsistent provision in general law relating to
road utility districts. (Acts 77th Leg., R.S., Ch. 1386, Sec. 5
(part).)
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8024.0051. ROAD UTILITY DISTRICT POWERS AND DUTIES.
(a) The district has road utility district authority under Section
52(b)(3), Article III, Texas Constitution, and Chapter 441,
Transportation Code, including:
(1) the authority to repair and maintain streets and
roadways in the district; and
(2) the ability to make contracts in the same manner as
a road utility district under Subchapter E, Chapter 441,
Transportation Code.
(b) The district has all of the rights, powers, privileges,
authority, duties, and functions conferred by the general laws
applicable to a road utility district created under Section 52,
Article III, Texas Constitution, to the extent those provisions can
be made applicable.
(c) The district is not subject to the requirements of
Subchapter B, Chapter 441, Transportation Code. (Acts 77th Leg.,
R.S., Ch. 1386, Secs. 1 (part), 4, 5 (part), 9.)
Sec. 8024.0052. ROAD PROJECTS. (a) To the extent
authorized by Section 52, Article III, Texas Constitution, the
district may construct, acquire, improve, maintain, and operate
macadamized, graveled, or paved roads and turnpikes or improvements
in aid of those roads or turnpikes in the district.
(b) The improvements under Subsection (a) may include
drainage or landscaping improvements and lights, signs, or signals
that are incidental to the roads and turnpikes and the
construction, maintenance, or operation of the roads and turnpikes.
(c) A project authorized by this section must meet all
applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of the city.
(d) On completion of a project authorized by this chapter,
the district, with the consent of the city, may convey the project
to the city if the conveyance is free of all district debt. If the
city becomes the owner of a project, the city is responsible for all
future maintenance and the district has no further responsibility
for the project or its maintenance. (Acts 77th Leg., R.S., Ch.
1386, Sec. 6.)
Sec. 8024.0053. RAPID TRANSIT AUTHORITY POWERS. (a) The
district has the powers of a metropolitan rapid transit authority
under Section 451.065, Transportation Code.
(b) The municipal consent and contract requirements in
Section 451.065(d), Transportation Code, do not apply to the
district. (Acts 77th Leg., R.S., Ch. 1386, Sec. 1 (part).)
SUBCHAPTER C. FINANCIAL PROVISIONS
Sec. 8024.0101. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue bonds, notes, and other obligations secured
by revenues or contract payments from any lawful source other than
ad valorem taxes without an election.
(b) The district may issue bonds, notes, and other
obligations secured wholly or partly by ad valorem taxes only if the
issuance is approved by a vote of a two-thirds majority of the
district voters voting at an election held for that purpose. (Acts
77th Leg., R.S., Ch. 1386, Sec. 7.)
Sec. 8024.0102. MAINTENANCE TAX. The district may impose a
maintenance tax at a rate not to exceed 25 cents on each $100 of
assessed valuation of property in the district to be used for any
authorized purpose of the district if the authority to impose the
tax is approved by a majority of district voters voting at an
election held for that purpose. (Acts 77th Leg., R.S., Ch. 1386,
Sec. 8.)
SECTION 1.03. RIVER AUTHORITIES. Subtitle G, Title 6,
Special District Local Laws Code, is amended by adding Chapters 8508 and 8509 to read as follows:
CHAPTER 8508. SULPHUR RIVER BASIN AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8508.0001. DEFINITIONS
Sec. 8508.0002. NATURE OF AUTHORITY
Sec. 8508.0003. PURPOSE OF CHAPTER
Sec. 8508.0004. FINDING OF BENEFIT
Sec. 8508.0005. REVIEW SCHEDULE UNDER SUNSET ACT
Sec. 8508.0006. TERRITORY
Sec. 8508.0007. LIBERAL CONSTRUCTION OF CHAPTER
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
Sec. 8508.0051. MEMBERSHIP OF BOARD
Sec. 8508.0052. TERMS
Sec. 8508.0053. REMOVAL
Sec. 8508.0054. VACANCY
Sec. 8508.0055. BOND REQUIREMENT FOR DIRECTORS
Sec. 8508.0056. COMPENSATION OF DIRECTORS
Sec. 8508.0057. OFFICERS
Sec. 8508.0058. DIRECTOR TRAINING PROGRAM
Sec. 8508.0059. INTEREST IN CONTRACT
Sec. 8508.0060. COMMITTEES
Sec. 8508.0061. EXECUTIVE DIRECTOR
Sec. 8508.0062. SEPARATION OF POLICYMAKING AND
MANAGEMENT FUNCTIONS
Sec. 8508.0063. DIRECTORS' AND EMPLOYEES' FIDELITY
BONDS
Sec. 8508.0064. AUTHORITY'S OFFICE
Sec. 8508.0065. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION
Sec. 8508.0066. COMPLAINTS
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8508.0101. GENERAL POWERS AND DUTIES
Sec. 8508.0102. EFFECT OF POWERS OF AUTHORITY ON
POWERS OF OTHER DISTRICTS;
COORDINATION AND JOINT UNDERTAKINGS
AMONG DISTRICTS
Sec. 8508.0103. GENERAL POWERS RELATING TO WORKS AND
WATER
Sec. 8508.0104. CONTROL AND USE OF WATERS
Sec. 8508.0105. USE OF BEDS AND BANKS OF SULPHUR RIVER
AND ITS TRIBUTARIES
Sec. 8508.0106. WATER CONSERVATION PROGRAM
Sec. 8508.0107. GROUNDWATER
Sec. 8508.0108. APPLICABILITY OF CERTAIN ENVIRONMENTAL
LAWS
Sec. 8508.0109. PERMITS AND LICENSES
Sec. 8508.0110. CONSULTATION WITH COUNTY JUDGE FOR
CERTAIN PROPOSED PROJECTS
Sec. 8508.0111. SERVICE CONTRACTS AND CHARGES
Sec. 8508.0112. ACQUISITION, MAINTENANCE, AND
OPERATION OF PROPERTY
Sec. 8508.0113. ACQUISITION, CONSTRUCTION,
MAINTENANCE, AND OPERATION OF
FACILITIES
Sec. 8508.0114. EMINENT DOMAIN
Sec. 8508.0115. COST OF RELOCATING OR ALTERING
PROPERTY
Sec. 8508.0116. SALE, LEASE, EXCHANGE, OR OTHER
DISPOSITION OF PROPERTY
Sec. 8508.0117. GENERAL CONTRACT POWERS
Sec. 8508.0118. POWER OF PERSONS TO CONTRACT WITH
AUTHORITY
Sec. 8508.0119. AWARD OF CERTAIN CONTRACTS
Sec. 8508.0120. CONSTRUCTION CONTRACTS: PAYMENT
Sec. 8508.0121. CONFLICT OF INTEREST IN CONTRACT
Sec. 8508.0122. SURVEYS AND ENGINEERING INVESTIGATIONS
Sec. 8508.0123. PLANS
Sec. 8508.0124. ACCESS TO AUTHORITY PROPERTY
Sec. 8508.0125. AUTHORITY TO EXERCISE POWERS OF
POLITICAL SUBDIVISIONS UNDER WATER
CODE
Sec. 8508.0126. LIMITATIONS ON POWERS AND DUTIES OF
AUTHORITY; COMMISSION APPROVAL OF
CERTAIN PLANS
Sec. 8508.0127. SUITS
SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW
PROVISIONS
Sec. 8508.0151. ADOPTION AND ENFORCEMENT OF RULES
Sec. 8508.0152. CIVIL PENALTY; INJUNCTIVE RELIEF
Sec. 8508.0153. COURT REVIEW
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8508.0201. DISBURSEMENT OF MONEY
Sec. 8508.0202. ACCOUNTS, CONTRACTS, AND OTHER
RECORDS; PUBLIC INSPECTION
Sec. 8508.0203. FEES AND CHARGES
Sec. 8508.0204. TRUST MONEY
Sec. 8508.0205. TAXES AND TAX DEBT PROHIBITED
Sec. 8508.0206. DEPOSITORY
Sec. 8508.0207. INVESTMENT OF AUTHORITY MONEY;
APPLICATION OF INCOME FROM
INVESTMENTS
Sec. 8508.0208. FISCAL YEAR
Sec. 8508.0209. AUDIT
SUBCHAPTER F. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS
Sec. 8508.0251. LOANS AND GRANTS
Sec. 8508.0252. POWER TO APPLY FOR MONEY FOR
ENGINEERING SURVEYS, DATA
COMPILATION AND COLLECTION, AND
OTHER PURPOSES
Sec. 8508.0253. POWER TO ISSUE BONDS OR OTHER
OBLIGATIONS
Sec. 8508.0254. REFUNDING BONDS
Sec. 8508.0255. FORM OF OBLIGATIONS
Sec. 8508.0256. MATURITY
Sec. 8508.0257. TRUST INDENTURE
Sec. 8508.0258. ADDITIONAL OBLIGATIONS
Sec. 8508.0259. ADDITIONAL PROVISIONS IN RESOLUTION
AUTHORIZING OBLIGATIONS OR TRUST
INDENTURE
CHAPTER 8508. SULPHUR RIVER BASIN AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8508.0001. DEFINITIONS. In this chapter:
(1) "Authority" means the Sulphur River Basin
Authority.
(2) "Basin" means the watersheds of the Sulphur River
inside the authority's territory as defined by Section 8508.0006.
(3) "Board" means the authority's board of directors.
(4) "Commission" means the Texas Commission on
Environmental Quality.
(5) "Development board" means the Texas Water
Development Board.
(6) "Director" means a board member.
(7) "Public agency" means any government or
governmental subdivision or agency.
(8) "State" means the State of Texas or any of its
agencies, departments, boards, political subdivisions, or other
entities.
(9) "Waste" means sewage, industrial waste, municipal
waste, recreational waste, agricultural waste, or waste heat.
(Acts 69th Leg., 1st C.S., Ch. 3, Secs. 2(1), (2), (3), (4), (6),
(8), (9), (11); New.)
Sec. 8508.0002. NATURE OF AUTHORITY. The authority is a
conservation and reclamation district created under Section 59,
Article XVI, Texas Constitution. (Acts 69th Leg., 1st C.S., Ch. 3,
Sec. 1(a).)
Sec. 8508.0003. PURPOSE OF CHAPTER. The purpose of this
chapter is to authorize the authority to provide for the
conservation and development of this state's natural resources
inside the basin, including:
(1) the control, storage, preservation, and
distribution of this state's water for domestic and municipal uses,
industrial uses, irrigation, mining and recovery of minerals, stock
raising, underground water recharge, electric power generation,
navigation, and other beneficial uses and purposes;
(2) the reclamation and irrigation of land needing
irrigation;
(3) the reclamation and drainage of overflowed land
and other land needing drainage;
(4) the maintenance and enhancement of the quality of
the water;
(5) the conservation and development of the water;
(6) the navigation of inland water; and
(7) the provision of systems, facilities, and
procedures for the collection, transportation, handling,
treatment, and disposal of waste. (Acts 69th Leg., 1st C.S., Ch. 3,
Sec. 4.)
Sec. 8508.0004. FINDING OF BENEFIT. The legislature finds
that all land included in the authority will benefit from the
improvements to be acquired and constructed by the authority.
(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 3(b).)
Sec. 8508.0005. REVIEW SCHEDULE UNDER SUNSET ACT. A review
of the authority under Section 325.025, Government Code, shall be
conducted as if the authority were a state agency scheduled to be
abolished September 1, 2029, and every 12th year after that year.
(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 1A(a) (part).)
Sec. 8508.0006. TERRITORY. (a) Unless modified under
Subchapter J, Chapter 49, Water Code, or other law, the authority's
territory is composed of the territory in each county in Texas,
other than Fannin County, that is located wholly or partly in the
watershed of the Sulphur River and its tributaries with confluences
with the Sulphur River upstream from the eastern boundary of Texas,
as those watersheds and tributaries are defined by maps on file with
the development board.
(b) The boundaries of the authority form a closure. A
mistake in the description of the boundaries in the legislative
process or another mistake does not affect:
(1) the authority's organization, existence, or
validity;
(2) the authority's right to issue any type of bond for
a purpose for which the authority is created or to pay the principal
of or interest on the bond; or
(3) the legality or operation of the authority or its
governing body. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 3(a), 52;
New.)
Sec. 8508.0007. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to achieve its purposes.
(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 5 (part).)
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
Sec. 8508.0051. MEMBERSHIP OF BOARD. (a) The board
consists of seven directors appointed by the governor with the
advice and consent of the senate.
(b) The governor shall appoint one director to represent the
authority at large.
(c) The governor shall appoint two directors from each of
the following regions:
(1) Region 1: Bowie and Red River Counties;
(2) Region 2: Cass, Franklin, Hunt, Morris, and Titus
Counties; and
(3) Region 3: Delta, Hopkins, and Lamar Counties.
(d) Each director must be a qualified voter.
(e) A director appointed under Subsection (c) must be a
resident of a county in the region for which the director is
appointed. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 6(a) (part),
(b).)
Sec. 8508.0052. TERMS. Directors serve for staggered terms
of six years with two or three directors' terms expiring on February
1 of each odd-numbered year. (Acts 69th Leg., 1st C.S., Ch. 3, Sec.
6(c); Acts 85th Leg., R.S., Ch. 276, Sec. 15(c).)
Sec. 8508.0053. REMOVAL. (a) The governor may remove a
director from office for:
(1) inefficiency;
(2) neglect of duty;
(3) misconduct in office; or
(4) absence from three consecutive regular board
meetings.
(b) Before a director is removed from office, the board
shall call and hold a hearing on the charges against the director,
and the director is entitled to appear at the hearing and present
evidence to show why the director should not be removed from office.
(c) Not later than the 30th day before the date of the
hearing, the board shall give the accused director notice of:
(1) the charges against the director; and
(2) the time and place for the hearing.
(d) An affirmative vote of not fewer than four of the
directors is required to approve a recommendation for removal.
(e) A recommendation for removal shall be forwarded to the
governor for the governor's consideration and action as provided by
this section. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 6(f).)
Sec. 8508.0054. VACANCY. A vacancy on the board shall be
filled in the manner provided by Section 8508.0051 for making the
original appointment. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 6(e).)
Sec. 8508.0055. BOND REQUIREMENT FOR DIRECTORS. As a
qualification for office, a director must execute a bond in an
amount determined by the board conditioned on the faithful
performance of the director's duties. (Acts 69th Leg., 1st C.S.,
Ch. 3, Sec. 6(d).)
Sec. 8508.0056. COMPENSATION OF DIRECTORS. (a) A director
is entitled to receive $25 a day and reimbursement for actual and
necessary expenses incurred:
(1) for each day the director spends attending
meetings of the board; and
(2) for each day the director spends attending to the
business of the authority that is authorized by the board.
(b) A director is not entitled to receive a per diem
allowance for more than 50 days in a calendar year.
(c) In all areas of conflict with Subsection (a) or (b) of
this section, Section 49.060, Water Code, takes precedence.
(d) A director's compensation may be increased as
authorized by Section 49.060, Water Code, by resolution adopted by
the board in accordance with Subsection (e) of that section on or
after September 1, 1995. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 8;
New.)
Sec. 8508.0057. OFFICERS. (a) The governor shall
designate a director as the presiding officer of the board to serve
in that capacity at the pleasure of the governor.
(b) The board shall elect one or more vice presidents, a
secretary, a treasurer, and other officers as the directors
consider necessary.
(c) The presiding officer and each vice president must be a
director, but other officers are not required to be directors.
(d) The offices of the secretary and treasurer may be
combined, and the offices of assistant secretary and assistant
treasurer may be combined. (Acts 69th Leg., 1st C.S., Ch. 3, Secs.
6(i), (j).)
Sec. 8508.0058. DIRECTOR TRAINING PROGRAM. (a) A person
who is appointed to and qualifies for office as a director may not
vote, deliberate, or be counted as a director in attendance at a
board meeting until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the law governing the authority's operations;
(2) the authority's programs, functions, rules, and
budget;
(3) the scope of and limitations on the authority's
rulemaking authority;
(4) the results of the authority's most recent formal
audit;
(5) the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of the
governing body of a river authority in performing their duties; and
(6) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement for the travel expenses incurred in attending the
training program regardless of whether the attendance at the
program occurs before or after the person qualifies for office.
(d) The board shall create a training manual that includes
the information required by Subsection (b). The board shall
distribute a copy of the training manual annually to each director.
On receipt of the training manual, each director shall sign a
statement acknowledging receipt of the training manual. (Acts 69th
Leg., 1st C.S., Ch. 3, Sec. 6A.)
Sec. 8508.0059. INTEREST IN CONTRACT. (a) A director who
has a financial interest in an authority contract for the purchase,
sale, lease, rental, or supply of property, including supplies,
materials, and equipment, or for the construction of facilities,
shall disclose that fact to the other directors and may not vote on
or participate in discussions during board meetings on the
acceptance of the contract.
(b) A director's financial interest does not affect the
validity of a contract if disclosure is made and the director with
the financial interest does not vote on the question of entering
into the contract. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 7.)
Sec. 8508.0060. COMMITTEES. (a) The board may appoint or
establish committees from the board's directors as necessary or
desirable to assist in conducting the authority's business.
(b) Subject to the applicable rules of law on delegation of
powers, the board may assign or delegate or provide for the
assignment or delegation of any powers, duties, and functions to
its committees as the board may provide by rule or resolution.
(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 9.)
Sec. 8508.0061. EXECUTIVE DIRECTOR. (a) The board may
employ an executive director and set the executive director's
salary and other compensation by majority vote of the qualified
directors.
(b) The executive director is the chief executive officer of
the authority.
(c) Under policies established by the board, the executive
director is responsible to the board for:
(1) administering the board's directives;
(2) keeping the authority's records, including minutes
of the meetings of the board and the executive committee;
(3) coordinating with state, federal, and local
agencies;
(4) developing plans and programs for the approval of
the board or the executive committee;
(5) hiring, supervising, training, and discharging
the authority's employees, as authorized by the board or the
executive committee;
(6) contracting for or retaining technical,
scientific, legal, fiscal, and other professional services, as
authorized by the board; and
(7) performing any other duties assigned by the board.
(d) The board may discharge the executive director on a
majority vote of the qualified directors. (Acts 69th Leg., 1st
C.S., Ch. 3, Sec. 10.)
Sec. 8508.0062. SEPARATION OF POLICYMAKING AND MANAGEMENT
FUNCTIONS. The board shall develop and implement policies that
clearly separate the policymaking responsibilities of the board and
the management responsibilities of the executive director and staff
of the authority. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 10A.)
Sec. 8508.0063. DIRECTORS' AND EMPLOYEES' FIDELITY BONDS.
(a) The executive director, the treasurer, and any other officer,
agent, or employee of the authority who has responsibilities that
involve the collection, custody, or payment of authority money
shall execute a fidelity bond.
(b) The board must approve the form, amount, and surety of
the bond.
(c) The authority shall pay the premiums on the bonds
required under this chapter. (Acts 69th Leg., 1st C.S., Ch. 3, Sec.
11.)
Sec. 8508.0064. AUTHORITY'S OFFICE. The authority shall
maintain its principal office inside its boundaries. (Acts 69th
Leg., 1st C.S., Ch. 3, Sec. 12.)
Sec. 8508.0065. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION. (a) The board shall develop a policy to
encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of authority rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the authority's
jurisdiction.
(b) The authority's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The authority shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 6B.)
Sec. 8508.0066. COMPLAINTS. (a) The authority shall
maintain a system to promptly and efficiently act on complaints
filed with the authority. The authority shall maintain information
about parties to the complaint, the subject matter of the
complaint, a summary of the results of the review or investigation
of the complaint, and its disposition.
(b) The authority shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The authority shall periodically notify the parties to
the complaint of the status of the complaint until final
disposition. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 13A.)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8508.0101. GENERAL POWERS AND DUTIES. (a) The
authority shall:
(1) administer this chapter; and
(2) use its facilities and powers to accomplish the
purposes of this chapter.
(b) The authority may:
(1) exercise the powers, rights, and privileges
necessary or convenient for accomplishing the purposes of this
chapter; and
(2) perform any act necessary or convenient to the
exercise of the powers, rights, privileges, or functions conferred
by this chapter or other laws.
(c) The board may provide for any expenditures it considers
essential or useful in the maintenance, operation, and
administration of the authority. (Acts 69th Leg., 1st C.S., Ch. 3,
Secs. 16(a), (b), 38.)
Sec. 8508.0102. EFFECT OF POWERS OF AUTHORITY ON POWERS OF
OTHER DISTRICTS; COORDINATION AND JOINT UNDERTAKINGS AMONG
DISTRICTS. (a) The powers granted to the authority by this chapter
are not intended to restrict the powers of any conservation and
reclamation district created under Section 59, Article XVI, Texas
Constitution, inside the basin or area of the authority. It is the
legislature's intent that the authority and those districts
exercise their respective powers in a cooperative manner.
(b) A district created under Section 59, Article XVI, or
Sections 52(b)(1) and (2), Article III, Texas Constitution, on or
before August 29, 1985, may:
(1) coordinate its plans with the authority; and
(2) enter into joint undertakings with the authority
for the purposes for which the entities are created.
(c) The acts taken under Subsection (b) must be approved by
a majority of the boards of directors of the district and authority.
(Acts 69th Leg., 1st C.S., Ch. 3, Secs. 16(c) (part), (d).)
Sec. 8508.0103. GENERAL POWERS RELATING TO WORKS AND WATER.
(a) The authority may exercise all the rights and powers of an
independent agency and a body politic and corporate to construct,
maintain, and operate, inside this state and in the watershed of the
Sulphur River and its tributaries inside or outside the boundaries
of the authority, any work considered essential:
(1) to the authority's operation; and
(2) for its administration in controlling, storing,
preserving, and distributing the water, including storm water and
floodwater, of the Sulphur River and its tributary streams.
(b) The authority may exercise the power of control and
regulation over the water of the Sulphur River and its tributaries
as this state may exercise, subject to the constitution and laws of
this state. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 1(d).)
Sec. 8508.0104. CONTROL AND USE OF WATERS. (a) The
authority may exercise power over the storm water and floodwater of
the basin.
(b) The authority may exercise the powers of control and use
of the state's water in the following manner and for the following
purposes:
(1) to provide for the control and coordination of
water use in the basin as a unit;
(2) to provide by adequate organization and
administration for the preservation of the rights of the people of
the different sections of the basin in the beneficial use of water;
(3) to provide for conserving storm water, floodwater,
and the unappropriated flow of the basin, including the storage,
control, transportation, treatment, and distribution of that
water, and the prevention of the escape of water without the maximum
of public service;
(4) to provide for the prevention of the devastation
of land from recurrent overflows;
(5) to provide for the protection of life and property
in the basin from uncontrolled floodwater;
(6) to provide for the conservation of water essential
for domestic and other water uses of the people of the basin,
including necessary water supplies for municipalities and
industrial districts;
(7) to provide for the irrigation of land in the basin
where irrigation is required for agricultural purposes or is
considered helpful to more profitable agricultural production;
(8) to provide for the equitable distribution of storm
water, floodwater, and unappropriated flow water to meet the
regional potential requirements for all uses;
(9) to provide for the encouragement and development
of drainage systems and provisions for the drainage of land in the
valleys of the basin needing drainage for profitable agricultural
and livestock production and industrial activities, and other
drainage of land for the most advantageous use;
(10) to provide for the conservation of soil against
destructive erosion to prevent the increased flood menace incident
to erosion;
(11) to control and make available for use storm
water, floodwater, and unappropriated flow water as authorized by
the commission in the development of commercial and industrial
enterprises in all sections of the watershed area of the authority;
(12) to provide for each purpose and use for which
storm water, floodwater, and unappropriated flow water when
controlled and conserved may be used in the performance of a useful
service as contemplated and authorized by the provisions of the
constitution and laws of this state;
(13) to control, store, and preserve the water of the
basin inside the authority for any useful purpose;
(14) to use, distribute, and sell water for any
beneficial purpose inside and outside the authority; and
(15) to acquire water and water rights inside and
outside the authority.
(c) The plans and works provided by the authority or under
the power of the authority should give primary consideration to the
necessary and potential needs for water by or in the various areas
in the watershed of the basin. (Acts 69th Leg., 1st C.S., Ch. 3,
Secs. 17(a), (b), (c).)
Sec. 8508.0105. USE OF BEDS AND BANKS OF SULPHUR RIVER AND
ITS TRIBUTARIES. Subject to the approval of the commission, the
authority may use the beds and banks of the Sulphur River and its
tributary streams for any purpose necessary to accomplish the
authority's plans for storing, controlling, conserving,
transporting, and distributing storm water, floodwater, and
appropriated flow waters for useful purposes. (Acts 69th Leg., 1st
C.S., Ch. 3, Sec. 36.)
Sec. 8508.0106. WATER CONSERVATION PROGRAM. (a) In this
section, "program of water conservation" means the use of
practices, techniques, and technologies that will reduce water
consumption, reduce water loss or waste, improve efficiency in
water use, or increase water recycling and reuse so that a water
supply is available for future uses.
(b) The authority shall adopt and implement a program of
water conservation consistent with rules and criteria adopted and
enforceable by the commission and development board for similarly
situated authorities. (Acts 69th Leg., 1st C.S., Ch. 3, Sec.
17(d).)
Sec. 8508.0107. GROUNDWATER. (a) The authority may
conduct surveys and studies of the groundwater supplies in the
authority to:
(1) determine the location and quantity of available
groundwater; and
(2) develop and ascertain other information that in
the judgment of the board may be necessary to fully develop water
uses from the groundwater in the authority.
(b) With the approval and under the supervision of the
commission, the authority may appropriate storm water and
floodwater to recharge underground freshwater-bearing sand and
aquifers in the basin. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 19.)
Sec. 8508.0108. APPLICABILITY OF CERTAIN ENVIRONMENTAL
LAWS. The authority is a river authority for the purposes and
definitions of Chapter 30, Water Code, and Chapter 383, Health and
Safety Code, as they apply to the authority. (Acts 69th Leg., 1st
C.S., Ch. 3, Sec. 20 (part).)
Sec. 8508.0109. PERMITS AND LICENSES. (a) The authority
must apply for any permit, license, or other grant of authority
required from the commission.
(b) The authority may apply for any permit, license, or
financial assistance it may need from any federal, state, or local
governmental agency. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 23(a),
(b).)
Sec. 8508.0110. CONSULTATION WITH COUNTY JUDGE FOR CERTAIN
PROPOSED PROJECTS. Before voting on a proposed project for which
the board will seek a permit, the board shall obtain advice on the
project from the county judge of each county in which the project is
proposed to be located. (Acts 69th Leg., 1st C.S., Ch. 3, Sec.
23(c).)
Sec. 8508.0111. SERVICE CONTRACTS AND CHARGES. (a) The
authority may enter into service contracts and may adopt
resolutions and orders establishing rates and providing for the
collection of fees and charges for:
(1) the sale or use of water;
(2) the services of water transmission, treatment, and
storage facilities;
(3) liquid waste collection, treatment, and disposal
services and facilities;
(4) the sale of power and electric energy; and
(5) any other services or facilities sold, furnished,
or supplied by the authority.
(b) The fees and charges must be sufficient to produce
revenues adequate to:
(1) pay expenses necessary for the operation and
maintenance of the authority's property and facilities;
(2) pay the principal of and interest on any bonds or
other obligations issued by the authority when due and payable;
(3) fulfill any reserve or other fund obligations of
the authority in connection with the bonds or other obligations;
and
(4) pay any other expenses the board may consider
necessary and proper for the authority's operations. (Acts 69th
Leg., 1st C.S., Ch. 3, Sec. 24.)
Sec. 8508.0112. ACQUISITION, MAINTENANCE, AND OPERATION OF
PROPERTY. The authority may purchase, lease, acquire by gift,
maintain, use, and operate property of any kind inside or outside
the authority that is appropriate for the exercise of its powers or
the accomplishment of its purposes. (Acts 69th Leg., 1st C.S., Ch.
3, Sec. 26(a).)
Sec. 8508.0113. ACQUISITION, CONSTRUCTION, MAINTENANCE,
AND OPERATION OF FACILITIES. The authority may acquire, construct,
extend, improve, maintain, reconstruct, use, and operate
facilities inside or outside the authority that are necessary or
convenient for the exercise of its powers, rights, duties, and
functions or the accomplishment of its purposes. (Acts 69th Leg.,
1st C.S., Ch. 3, Sec. 27.)
Sec. 8508.0114. EMINENT DOMAIN. (a) The authority may
exercise the power of eminent domain to acquire land inside or
outside the authority to carry out a power, right, privilege, or
function authorized by this chapter if the board, after notice and
hearing, determines that the action is necessary.
(b) The authority must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code, except that the
authority is not required to:
(1) give bond for appeal or bond for costs in a
condemnation suit or other suit to which it is a party; or
(2) deposit double the amount of any award in any suit.
(c) The authority's authority under this section to
exercise the power of eminent domain expired on September 1, 2013,
unless the authority submitted a letter to the comptroller in
accordance with Section 2206.101(b), Government Code, not later
than December 31, 2012. (Acts 69th Leg., 1st C.S., Ch. 3, Secs.
25(a), (b); New.)
Sec. 8508.0115. COST OF RELOCATING OR ALTERING PROPERTY.
(a) In this section, "sole expense" means the actual cost of
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of a facility described by Subsection (b)
to provide comparable replacement without enhancement of the
facility, after deducting from that cost the net salvage value
derived from the old facility.
(b) If the authority's exercise of the power of eminent
domain makes necessary relocating, raising, lowering, rerouting,
changing the grade of, or altering the construction of a highway,
railroad, electric transmission or distribution line, telephone or
telegraph property or facility, or pipeline, the necessary action
shall be accomplished at the sole expense of the authority. (Acts
69th Leg., 1st C.S., Ch. 3, Sec. 25(c).)
Sec. 8508.0116. SALE, LEASE, EXCHANGE, OR OTHER DISPOSITION
OF PROPERTY. The authority may:
(1) sell any property or interest in property owned by
the authority by installments or otherwise, including a sale in any
manner prescribed or authorized by:
(A) Section 552.014, Local Government Code;
(B) Chapter 30, Water Code; or
(C) Chapter 383, Health and Safety Code; or
(2) lease, exchange, or otherwise dispose of any
property or interest in property. (Acts 69th Leg., 1st C.S., Ch. 3,
Sec. 26(b).)
Sec. 8508.0117. GENERAL CONTRACT POWERS. (a) The
authority may enter into a contract or execute an instrument that is
necessary or convenient for the exercise of its powers, rights,
duties, and functions or the accomplishment of its purposes.
(b) Notwithstanding any other law, the authority may:
(1) undertake and carry out an activity that is
related to or necessary in carrying out or performing a power or
function of the authority;
(2) enter into a contract, loan agreement, lease, or
installment sales agreement;
(3) acquire, purchase, construct, own, operate,
maintain, repair, improve, or extend, or loan, lease, sell, or
otherwise dispose of, including by such methods as a loan payment,
rental, sale, or installment sale, as the parties may agree, any
facility, plant, building, structure, equipment, or appliance or
property or any interest in property; and
(4) use any or all money or proceeds of bonds and other
obligations. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 29(a), (b).)
Sec. 8508.0118. POWER OF PERSONS TO CONTRACT WITH
AUTHORITY. (a) A person may contract with the authority in any
manner authorized by this chapter, Chapter 30, Water Code, or
Chapter 383, Health and Safety Code, with respect to water, waste,
pollution control, or any other facility or any service provided by
the authority.
(b) A public agency may enter into and execute a contract
described by Subsection (a) with the authority and may determine,
agree, and pledge that all or any part of its payments under the
contract is payable from the source described in Section 30.030(c),
Water Code, subject only to the authorization of the contract,
pledge, and payments by the public agency's governing body. The
public agency also may use and pledge any other available revenue or
resource for payment of amounts due under the contract as an
additional source of payment or as the sole source of payment.
(c) A public agency may:
(1) set fees, rates, charges, rentals, and other
amounts, including water charges and garbage collection or handling
fees, for any services or facilities provided by any utility
operated by it, or provided pursuant to or in connection with any
contract with the authority;
(2) charge those amounts to and collect those amounts
from its inhabitants or from any users or beneficiaries of the
utility, services, or facilities; and
(3) use and pledge that money to make payments to the
authority required under the contract and may covenant to do so in
amounts sufficient to make all or any part of those payments to the
authority when due.
(d) If a public agency and the authority agree in a
contract, the payments made by the public agency to the authority
under the contract are an expense of operation of any facilities or
utility operated by the public agency. (Acts 69th Leg., 1st C.S.,
Ch. 3, Secs. 29(c), (d).)
Sec. 8508.0119. AWARD OF CERTAIN CONTRACTS. (a) The
authority shall award a contract to the lowest and best bidder if:
(1) the contract is a:
(A) construction, maintenance, operation, or
repair contract;
(B) contract for the purchase of material,
equipment, or supplies; or
(C) contract for services other than technical,
scientific, legal, fiscal, or other professional services; and
(2) the contract:
(A) will require an estimated expenditure of more
than $10,000; or
(B) is for a term of six months or more.
(b) If the board finds that an extreme emergency exists, the
board may award a contract necessary to protect and preserve the
public health and welfare or the property of the authority without
using bidding procedures.
(c) The authority shall publish notice to bidders once each
week for three consecutive weeks before the date set for awarding
the contract. The notice must be published in a newspaper with
general circulation in the authority and may also be published in
any other appropriate publication.
(d) The notice is sufficient if it states:
(1) the time and place at which the bids will be
opened;
(2) the terms on which copies of the plans,
specifications, or other pertinent information may be obtained;
(3) the general nature of the work to be done; and
(4) the material, equipment, or supplies to be
purchased or the nonprofessional services to be rendered.
(e) A person who desires to bid on the construction of a work
or project that is advertised for bids shall, on written
application to the authority, be provided a copy of the plans and
specifications or other engineering and architectural documents
showing all of the details of the work to be done. The authority may
make a charge to cover the cost of making the copy.
(f) A bid must be:
(1) in writing;
(2) sealed and delivered to the authority; and
(3) accompanied by a certified check drawn on a
responsible bank in this state or, at the discretion of the
authority, a bid bond from a company approved by the authority, in
an amount equal to at least one percent of the total amount bid.
(g) The authority shall open bids at the place specified in
the published notice. The authority shall announce the bids. The
place where the bids are opened and announced must be open to the
public. The board shall make the award of the contract.
(h) The person with whom a contract is made shall provide
the performance and payment bonds required by law.
(i) A check or bond provided under Subsection (f) is
forfeited to the authority if the successful bidder fails or
refuses to:
(1) enter into a proper contract; or
(2) provide a bond as required by law.
(j) The authority may reject any or all bids and may waive
any irregularity in the bids.
(k) This section does not prohibit the authority from taking
the following actions by negotiated contract and without necessity
for advertising for bids:
(1) purchasing or acquiring land or an interest in
land from any person;
(2) acquiring, constructing, or improving pollution
control or waste collection and disposal facilities as provided by
Chapter 30, Water Code, Chapter 383, Health and Safety Code, or
other applicable law; or
(3) purchasing or acquiring surplus property from a
governmental entity. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 30(a),
(b), (c), (d), (e), (g), (h).)
Sec. 8508.0120. CONSTRUCTION CONTRACTS: PAYMENT. (a) The
contract price of any construction contract of the authority may be
paid in partial payments as the work progresses, but the payments
may not exceed 90 percent of the amount due at the time of the
payments as shown by the report of the engineer of the authority.
(b) During the progress of the work, the executive director
shall inspect the construction or have the construction inspected
by the authority's engineer or the engineer's assistants.
(c) On certification of the executive director and the
authority's engineer of the completion of the contract in
accordance with its terms and, in the case of any construction
contract for which notice to bidders is required by this chapter, on
approval of the board, the board shall draw a warrant on its
depository to pay the balance due on the contract. (Acts 69th Leg.,
1st C.S., Ch. 3, Sec. 30(f).)
Sec. 8508.0121. CONFLICT OF INTEREST IN CONTRACT. An
officer, agent, or employee of the authority who is financially
interested in a contract shall disclose that fact to the board
before the board votes on the acceptance of the contract. (Acts
69th Leg., 1st C.S., Ch. 3, Sec. 30(i).)
Sec. 8508.0122. SURVEYS AND ENGINEERING INVESTIGATIONS.
The authority may make surveys and engineering investigations to
develop information for its use. (Acts 69th Leg., 1st C.S., Ch. 3,
Sec. 34 (part).)
Sec. 8508.0123. PLANS. The board may make and determine
plans necessary to accomplish the purposes for which the authority
is created and may carry out the plans. (Acts 69th Leg., 1st C.S.,
Ch. 3, Sec. 34 (part).)
Sec. 8508.0124. ACCESS TO AUTHORITY PROPERTY. (a) To
provide for the safety and welfare of persons and their property or
for the protection and security of the authority's property and
facilities, the board may adopt rules with respect to the
authority's property and any water reservoir or dam the
construction, operation, or management of which is participated in
by the authority to control and regulate:
(1) ingress, egress, and use; and
(2) the operation of land and water vehicles.
(b) All public roads, streets, and state highways that as of
August 29, 1985, traversed the areas to be covered by any impounded
water shall remain open as a way of public passing to and from the
lakes created, unless changed by the authority. (Acts 69th Leg.,
1st C.S., Ch. 3, Sec. 35.)
Sec. 8508.0125. AUTHORITY TO EXERCISE POWERS OF POLITICAL
SUBDIVISIONS UNDER WATER CODE. The authority may exercise:
(1) the powers vested in political subdivisions under
Title 2, Water Code; and
(2) the powers necessary to enable the authority to
participate in programs administered by the development board,
including programs for:
(A) the acquisition and development of
facilities;
(B) the sale or lease of facilities; and
(C) financial assistance to political
subdivisions. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 37.)
Sec. 8508.0126. LIMITATIONS ON POWERS AND DUTIES OF
AUTHORITY; COMMISSION APPROVAL OF CERTAIN PLANS. (a) The powers
granted and duties prescribed by this chapter are subject to all
legislative declarations of public policy in the maximum use of the
storm water, floodwater, and unappropriated flow water of the basin
for the purposes for which the authority is created.
(b) The commission shall consider the adequacy of, and
approve or refuse to approve, any flood control or conservation
improvement plan that:
(1) is devised by the authority to achieve a plan or
purpose for which the authority was created; and
(2) contemplates improvements that are to be
supervised by the commission under general law. (Acts 69th Leg.,
1st C.S., Ch. 3, Secs. 39(a) (part), (b).)
Sec. 8508.0127. SUITS. (a) The authority may sue and be
sued in the name of the authority.
(b) Service of process may be accomplished by serving the
presiding officer or a vice president of the board or the executive
director. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 15(a), (b).)
SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW
PROVISIONS
Sec. 8508.0151. ADOPTION AND ENFORCEMENT OF RULES. (a) The
authority may adopt and enforce rules reasonably required to carry
out this chapter.
(b) The board shall adopt rules necessary for the conduct of
the authority's business.
(c) In adopting rules, the board shall comply, as
appropriate, with the requirements of Chapters 2001 and 2002,
Government Code.
(d) The board shall print its rules and provide copies to
any person on written request. (Acts 69th Leg., 1st C.S., Ch. 3,
Secs. 6(h), 31.)
Sec. 8508.0152. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A
person who violates a rule or order of the authority is subject to a
civil penalty of not less than $50 or more than $1,000 for each day
of violation.
(b) The authority may sue to recover the penalty in a
district court in the county in which the violation occurred. A
penalty shall be paid to the authority.
(c) The authority may sue for injunctive relief in a
district court in the county in which the violation of a rule or
order occurred or is threatened.
(d) The authority may sue for injunctive relief and a
penalty in the same proceeding. (Acts 69th Leg., 1st C.S., Ch. 3,
Sec. 32.)
Sec. 8508.0153. COURT REVIEW. (a) A person who is
adversely affected by a rule or order of the authority may sue the
authority in a district court to set aside the rule or order before
the 31st day after the date on which the rule or order takes effect.
(b) Venue for a suit under Subsection (a) is in any county
located wholly or partly in the authority. (Acts 69th Leg., 1st
C.S., Ch. 3, Sec. 33.)
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8508.0201. DISBURSEMENT OF MONEY. The authority may
disburse its money only by a check, draft, order, or other
instrument signed by the person or persons authorized in the
board's rules or by board resolution. (Acts 69th Leg., 1st C.S.,
Ch. 3, Sec. 40.)
Sec. 8508.0202. ACCOUNTS, CONTRACTS, AND OTHER RECORDS;
PUBLIC INSPECTION. (a) The authority shall keep complete and
accurate accounts of its business transactions in accordance with
generally accepted methods of accounting.
(b) The authority shall keep its accounts, contracts,
documents, minutes, and other records at its principal office.
(c) Except as otherwise required by law, the authority may
not disclose any records that it has relating to trade secrets or
the economics of operation of any business or industry.
(d) Except as provided by Subsection (c), the authority
shall permit reasonable public inspection of its records during
regular business hours under rules adopted by the board. (Acts 69th
Leg., 1st C.S., Ch. 3, Secs. 13(a), (c), (d), (e).)
Sec. 8508.0203. FEES AND CHARGES. (a) The authority shall
establish fees and charges.
(b) The fees and charges may not exceed the amount necessary
to fulfill the obligations imposed by this chapter. (Acts 69th
Leg., 1st C.S., Ch. 3, Sec. 41.)
Sec. 8508.0204. TRUST MONEY. Money collected by or
donated, granted, loaned, or advanced to the authority is trust
money for the purposes provided by this chapter. (Acts 69th Leg.,
1st C.S., Ch. 3, Sec. 44.)
Sec. 8508.0205. TAXES AND TAX DEBT PROHIBITED. The
authority may not:
(1) impose a tax; or
(2) create debt payable from taxes. (Acts 69th Leg.,
1st C.S., Ch. 3, Sec. 1(c).)
Sec. 8508.0206. DEPOSITORY. (a) The board shall designate
one or more banks inside or outside the authority to serve as a
depository for the authority's money.
(b) Authority money shall be deposited in a depository bank,
except that the following may be handled as provided in a trust
indenture or resolution:
(1) bond proceeds or proceeds of other obligations;
(2) money pledged to pay the obligations described by
Subdivision (1);
(3) money placed in special funds; and
(4) money remitted to a bank of payment for the payment
of the principal of and interest on obligations.
(c) To the extent that money in a depository bank or a
trustee bank is not invested or insured by the Federal Deposit
Insurance Corporation, the money must be secured in the manner
provided by law for the security of county money.
(d) The board shall prescribe the term of service for a
depository.
(e) Before designating a depository bank, the board shall:
(1) publish notice one time in one or more newspapers
of general circulation in the authority that are specified by the
board; or
(2) mail a copy of the notice to each bank inside the
authority.
(f) The notice must:
(1) state the time and place at which the board will
meet to designate a depository bank or banks; and
(2) invite the banks to submit an application to be
designated a depository.
(g) At the time stated in the notice, the board shall:
(1) consider the application and the management and
condition of each bank that applies; and
(2) designate as a depository the bank or banks:
(A) that offer the most favorable terms for
handling the money; and
(B) that the board finds have proper management
and are in condition to handle the money.
(h) Membership on the board of an officer or director of a
bank does not disqualify the bank from being designated as a
depository.
(i) If the board does not receive an application before the
time stated in the notice, the board shall designate one or more
banks inside or outside the authority as a depository on terms the
board considers advantageous to the authority. (Acts 69th Leg.,
1st C.S., Ch. 3, Sec. 47.)
Sec. 8508.0207. INVESTMENT OF AUTHORITY MONEY; APPLICATION
OF INCOME FROM INVESTMENTS. (a) Money in the treasury that is not
required for the current payment of obligations of the authority or
for sinking funds and that the board considers available for
investment may be invested or reinvested by the authority in:
(1) direct obligations of the United States;
(2) obligations the principal and interest of which
are guaranteed by the United States;
(3) direct obligations of or participation
certificates guaranteed by:
(A) a farm credit bank;
(B) the Federal National Mortgage Association;
(C) a federal home loan bank; or
(D) a bank for cooperatives;
(4) certificates of deposit of a bank or trust company
the deposits of which are fully secured by a pledge of securities of
any of the institutions specified by this subsection;
(5) other securities eligible for investment under
other laws; or
(6) a combination of the investments listed in this
subsection.
(b) The board shall determine the type and maturity of
investments made under this section.
(c) A resolution relating to the issuance of bonds or other
obligations must include appropriate provisions relating to the
investment of money in funds established in connection with the
authorization of those bonds or other obligations.
(d) The board shall direct the application of income from
investments made under this section. (Acts 69th Leg., 1st C.S., Ch.
3, Sec. 45.)
Sec. 8508.0208. FISCAL YEAR. The authority's fiscal year
ends on August 31 of each year. (Acts 69th Leg., 1st C.S., Ch. 3,
Sec. 46(a).)
Sec. 8508.0209. AUDIT. (a) In addition to including the
information required by Subchapter G, Chapter 49, Water Code, the
audit report prepared under that subchapter must state:
(1) the amount of money received by the authority
under this chapter during the preceding fiscal year; and
(2) how, to whom, and for what purpose the money was
spent.
(b) A copy of the audit report prepared under Subchapter G,
Chapter 49, Water Code, shall be filed:
(1) as required by Section 49.194, Water Code;
(2) with the governor;
(3) with the lieutenant governor;
(4) with the speaker of the house of representatives;
(5) with the attorney general; and
(6) with the comptroller. (Acts 69th Leg., 1st C.S.,
Ch. 3, Secs. 46(c), (d); New.)
SUBCHAPTER F. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS
Sec. 8508.0251. LOANS AND GRANTS. (a) The authority may:
(1) borrow money or accept a grant or donation for its
corporate purposes from any person, including a private source, the
United States, this state, or a local government; and
(2) enter into an agreement in connection with a loan,
grant, or donation accepted under Subdivision (1).
(b) The source of money accepted by the authority is public
information. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 42.)
Sec. 8508.0252. POWER TO APPLY FOR MONEY FOR ENGINEERING
SURVEYS, DATA COMPILATION AND COLLECTION, AND OTHER PURPOSES. (a)
The authority may apply to this state, the United States, or any
other person for money necessary to:
(1) secure engineering surveys and the compilation and
collection of data relating to regional and general conditions
entering into and influencing the character and extent of the
improvements necessary to accomplish the storage, control,
transportation, treatment, conservation, and equitable
distribution to the greatest public advantage of the storm water,
floodwater, and normal flow water that is stored and controlled; or
(2) accomplish or carry out any of the other purposes
of this chapter.
(b) The authority:
(1) shall request an amount it considers sufficient;
(2) may make the necessary agreements with the party
providing the money; and
(3) may appropriate the amount of the estimated
equitable contribution of the costs of developing essential
engineering data. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 43.)
Sec. 8508.0253. POWER TO ISSUE BONDS OR OTHER OBLIGATIONS.
(a) For the purpose of carrying out any power provided by this
chapter, including the payment of the expenses of preparing the
master plan and the payment of engineering and other expenses, the
authority may issue bonds or other obligations in one general class
secured by a pledge of all or part of the revenue accruing to the
authority from any source, including the revenue received from:
(1) the sale of water or other products;
(2) the rendition of services;
(3) tolls; and
(4) charges.
(b) The obligations must be authorized by a board
resolution. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 48(a), (b)
(part).)
Sec. 8508.0254. REFUNDING BONDS. (a) The authority may
issue refunding bonds to refund outstanding obligations issued
under this chapter.
(b) Refunding bonds may be issued in the manner provided by
Chapter 1207, Government Code. (Acts 69th Leg., 1st C.S., Ch. 3,
Sec. 49 (part).)
Sec. 8508.0255. FORM OF OBLIGATIONS. Authority obligations
must:
(1) be in the form prescribed by the board;
(2) be issued in the authority's name;
(3) be signed by the presiding officer or a vice
president;
(4) be attested by the secretary; and
(5) bear the authority seal. (Acts 69th Leg., 1st
C.S., Ch. 3, Secs. 48(b) (part), (c) (part).)
Sec. 8508.0256. MATURITY. Authority obligations must
mature not later than 50 years after the date of their issuance.
(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 48(c) (part).)
Sec. 8508.0257. TRUST INDENTURE. Authority obligations may
be further secured by a trust indenture with a corporate trustee.
(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 48(c) (part).)
Sec. 8508.0258. ADDITIONAL OBLIGATIONS. A pledge of
revenue may reserve the right, under specified conditions, to issue
additional obligations that will be on a parity with or subordinate
to the obligations then being issued. (Acts 69th Leg., 1st C.S.,
Ch. 3, Sec. 48(d) (part).)
Sec. 8508.0259. ADDITIONAL PROVISIONS IN RESOLUTION
AUTHORIZING OBLIGATIONS OR TRUST INDENTURE. (a) The resolution
authorizing obligations or the trust indenture further securing
obligations may specify additional provisions that constitute a
contract between the authority and the owners of those obligations.
(b) The board may provide for the additional provisions,
including a corporate trustee or receiver provided by the authority
to take possession of authority facilities in the event of the
authority's default in fulfilling the covenants. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 48(f).)
CHAPTER 8509. PALO DURO WATER DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8509.0001. DEFINITIONS
Sec. 8509.0002. NATURE OF DISTRICT
Sec. 8509.0003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8509.0004. DISTRICT TERRITORY
Sec. 8509.0005. CORRECTION OF INVALID PROCEDURES
SUBCHAPTER B. PROCEDURES FOR ANNEXATION, WITHDRAWAL, OR
DISSOLUTION
Sec. 8509.0051. ANNEXATION OF TERRITORY
Sec. 8509.0052. WITHDRAWAL FROM OR DISSOLUTION OF
DISTRICT
SUBCHAPTER C. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
Sec. 8509.0101. COMPOSITION OF BOARD; TERMS
Sec. 8509.0102. QUALIFICATIONS FOR OFFICE
Sec. 8509.0103. REMOVAL
Sec. 8509.0104. VACANCY
Sec. 8509.0105. OFFICERS
Sec. 8509.0106. VOTE BY BOARD PRESIDENT
Sec. 8509.0107. EMPLOYEES
Sec. 8509.0108. DIRECTOR'S AND TREASURER'S BONDS
Sec. 8509.0109. COMPENSATION OF DIRECTORS
Sec. 8509.0110. INTEREST IN CONTRACT
Sec. 8509.0111. DIRECTOR TRAINING PROGRAM
Sec. 8509.0112. SEPARATION OF POLICYMAKING AND
MANAGEMENT FUNCTIONS
Sec. 8509.0113. COMPLAINTS
Sec. 8509.0114. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION
Sec. 8509.0115. PUBLIC COMMENT POLICY
Sec. 8509.0116. EXPENDITURES
Sec. 8509.0117. SEAL
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8509.0151. GENERAL WATER SUPPLY POWERS
Sec. 8509.0152. GENERAL PROPERTY POWER
Sec. 8509.0153. CONTRACTS TO SUPPLY WATER AND OPERATE
FACILITIES
Sec. 8509.0154. CONTROL OF STORM AND FLOOD WATERS
Sec. 8509.0155. DISTRICT TO RECEIVE AND ACCEPT
TECHNICAL AND FINANCIAL ASSISTANCE
Sec. 8509.0156. WATER APPROPRIATION PERMITS
Sec. 8509.0157. UNDERGROUND SOURCES OF WATER
Sec. 8509.0158. LIMITATION ON CONSTRUCTION OF CERTAIN
FACILITIES
Sec. 8509.0159. DISPOSAL OF DISTRICT PROPERTY
Sec. 8509.0160. EMINENT DOMAIN
Sec. 8509.0161. COST OF RELOCATING OR ALTERING
PROPERTY
Sec. 8509.0162. CERTAIN POWERS RELATED TO DISTRICT
PROPERTY
Sec. 8509.0163. PARKS AND RECREATION FACILITIES
Sec. 8509.0164. SURVEYS AND INVESTIGATIONS
SUBCHAPTER E. REGULATORY POWERS
Sec. 8509.0201. ADOPTION OF RULES
Sec. 8509.0202. ENFORCEMENT OF RULES; PENALTY
Sec. 8509.0203. NOTICE OF RULE PROVIDING PENALTY
Sec. 8509.0204. JUDICIAL NOTICE OF RULES
Sec. 8509.0205. ENFORCEMENT BY PEACE OFFICERS
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
Sec. 8509.0251. TAX METHOD
Sec. 8509.0252. AUTHORITY TO IMPOSE TAX; LIMITATION ON
TAX RATE; TAX ELECTION
Sec. 8509.0253. DEPOSITORY
Sec. 8509.0254. PAYMENT OF TAX OR ASSESSMENT NOT
REQUIRED
SUBCHAPTER G. BONDS
Sec. 8509.0301. AUTHORITY TO ISSUE BONDS
Sec. 8509.0302. FORM OF BONDS
Sec. 8509.0303. MATURITY
Sec. 8509.0304. ELECTION FOR BONDS PAYABLE FROM AD
VALOREM TAXES
Sec. 8509.0305. BONDS PAYABLE FROM REVENUE
Sec. 8509.0306. BONDS PAYABLE FROM AD VALOREM TAXES
Sec. 8509.0307. TAX AND RATE REQUIREMENTS
Sec. 8509.0308. ADDITIONAL SECURITY
Sec. 8509.0309. TRUST INDENTURE
Sec. 8509.0310. INTERIM BONDS OR NOTES
Sec. 8509.0311. USE OF BOND PROCEEDS
Sec. 8509.0312. APPOINTMENT OF RECEIVER
Sec. 8509.0313. REFUNDING BONDS
Sec. 8509.0314. LIMITATION ON RIGHTS OF BONDHOLDERS
Sec. 8509.0315. BONDS EXEMPT FROM TAXATION
CHAPTER 8509. PALO DURO WATER DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8509.0001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Palo Duro Water District.
(5) "Member entity" means a county or municipality
that is a member of the district. (Acts 63rd Leg., R.S., Ch. 438,
Sec. 1B.)
Sec. 8509.0002. NATURE OF DISTRICT. The district is a
conservation and reclamation district created under Section 59,
Article XVI, Texas Constitution, and a political subdivision of
this state. (Acts 63rd Leg., R.S., Ch. 438, Sec. 1.)
Sec. 8509.0003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The legislature finds that:
(1) all land included in the district will benefit
from the improvements to be acquired and constructed by the
district; and
(2) the district is created to serve a public use and
benefit.
(b) The accomplishment of the purposes stated in this
chapter is for the benefit of the people of this state and for the
improvement of their property and industries. The district, in
carrying out the purposes of this chapter, will be performing an
essential public function under the Texas Constitution. (Acts 63rd
Leg., R.S., Ch. 438, Secs. 2 (part), 26 (part).)
Sec. 8509.0004. DISTRICT TERRITORY. Unless modified under
Subchapter J, Chapter 49, Water Code, this chapter or its
predecessor statute, Chapter 438, Acts of the 63rd Legislature,
Regular Session, 1973, or other law, the district's territory
comprises all of the territory contained in:
(1) Hansford and Moore Counties; and
(2) the City of Stinnett. (Acts 63rd Leg., R.S.,
Ch. 438, Sec. 2 (part); New.)
Sec. 8509.0005. CORRECTION OF INVALID PROCEDURES. If a
court holds that any procedure under this chapter violates the
Texas Constitution or the United States Constitution, the board by
resolution may provide an alternative procedure that conforms with
the constitution. (Acts 63rd Leg., R.S., Ch. 438, Sec. 31 (part).)
SUBCHAPTER B. PROCEDURES FOR ANNEXATION, WITHDRAWAL, OR
DISSOLUTION
Sec. 8509.0051. ANNEXATION OF TERRITORY. (a) Territory,
whether or not contiguous to the district, may be annexed to the
district in the manner provided by this section.
(b) The board may annex territory or a municipality under
this section only if a petition requesting annexation is filed with
the board. The petition must:
(1) describe the territory to be annexed by metes and
bounds, or otherwise, except that if the territory is the same as
that contained in the boundaries of a municipality, the petition is
sufficient if it states that the territory to be annexed is the
territory contained in the municipal boundaries; and
(2) be signed by 50 registered voters of the territory
or municipality to be annexed, or a majority of the registered
voters of that territory or municipality, whichever is fewer.
(c) If the board determines that the petition complies with
Subsection (b), that the annexation would be in the best interest of
the territory or municipality and the district, and that the
district will be able to supply water to the territory or
municipality, the board shall:
(1) adopt a resolution stating the conditions, if any,
under which the territory or municipality may be annexed to the
district; and
(2) set a time and place to hold a hearing on the
question of whether the territory or municipality to be annexed
will benefit from:
(A) the improvements, works, or facilities owned
or operated or contemplated to be owned or operated by the district;
or
(B) the other functions of the district.
(d) At least 10 days before the date of the hearing, notice
of the adoption of the resolution must be published one time in a
newspaper of general circulation in the territory or municipality
proposed to be annexed. The notice must:
(1) state the time and place of the hearing; and
(2) describe the territory in the same manner in which
Subsection (b) requires or permits the petition to describe the
territory.
(e) The hearing may proceed in the order and under the rules
prescribed by the board and may be recessed.
(f) Any interested person may appear at the hearing and
offer evidence for or against the annexation.
(g) If, at the conclusion of the hearing, the board finds
that the property in the territory or municipality will benefit
from the district's present or contemplated improvements, works, or
facilities, the board shall adopt a resolution making a finding of
the benefit and calling an election in the territory or
municipality to be annexed.
(h) The resolution must state:
(1) the date of the election;
(2) each place where the election will be held; and
(3) the proposition to be voted on.
(i) At least 10 days before the date set for the election,
notice of the election must be given by publishing a substantial
copy of the resolution calling the election one time in a newspaper
of general circulation in the territory proposed to be annexed.
(j) If a majority of the votes cast at the election are in
favor of annexation, the board by resolution shall annex the
territory to the district.
(k) An annexation under this section is incontestable
except in the manner and within the time for contesting elections
under the Election Code.
(l) In calling an election on the proposition for annexation
of the territory or municipality, the board may include, as part of
the same proposition or as a separate proposition, a proposition
for:
(1) the territory to assume its part of the district's
tax-supported bonds then outstanding and those bonds previously
voted but not yet sold; and
(2) an ad valorem tax to be imposed on taxable property
in the territory along with the tax in the rest of the district for
payment of the bonds and maintenance taxes to be imposed as
permitted by Section 8509.0252.
(m) If an election under Subsection (l) fails, the annexed
territory or municipality shall be excluded from the district.
(Acts 63rd Leg., R.S., Ch. 438, Secs. 13(d)(1), (2) (part), (3)
(part).)
Sec. 8509.0052. WITHDRAWAL FROM OR DISSOLUTION OF DISTRICT.
(a) A county or municipality may withdraw from the district or the
district may dissolve according to this section.
(b) To withdraw from the district or to dissolve the
district, the governing body of a member entity must issue an order
or adopt a resolution declaring the intent to withdraw from or to
dissolve the district. The order or resolution must state:
(1) the intention to withdraw from the district or to
call for the dissolution of the district; and
(2) the reasons supporting the withdrawal or
dissolution.
(c) Not later than the 30th day after the date the district
receives an order issued or resolution adopted under Subsection
(b), the district shall hold a public hearing on the matter
described by the order or resolution.
(d) For a proposed withdrawal of a county or municipality
from the district, the member entities must reach a financial
agreement that provides for sufficient revenue for maintaining the
Palo Duro Reservoir and the dam that impounds the water in the
reservoir.
(e) For a proposed dissolution of the district, the member
entities must reach a financial agreement that provides for the
transfer of:
(1) the ownership rights of the dam that impounds the
water in the Palo Duro Reservoir to an entity that assumes
responsibility for the maintenance of the dam and liability for
actions related to the dam;
(2) all district assets and liabilities to other
entities; and
(3) the responsibility for the continued provision of
services, if the district provides services.
(f) The board must provide an opportunity for the public to
comment on the financial agreement described by Subsection (d) or
(e) before the board votes as described by Subsection (g). The
period for public comment must last not less than 10 days.
(g) After consideration of the public comments submitted
under Subsection (f), the board shall vote on the issue described by
the order issued or resolution adopted under Subsection (b). The
board may proceed with the withdrawal or dissolution only if
two-thirds of all of the members of the board vote in favor of
withdrawal or dissolution.
(h) If the board votes in favor of withdrawal or dissolution
as provided by Subsection (g), the governing body of each member
entity shall vote on the matter of withdrawal or dissolution.
(i) A withdrawal or dissolution authorized under this
section does not take effect until:
(1) the governing body of each county and municipality
has voted in favor of withdrawal or dissolution;
(2) all conditions specified in the financial
agreement described by Subsection (d) or (e) have been met; and
(3) all actions described in the financial agreement
described by Subsection (d) or (e) have been completed. (Acts 63rd
Leg., R.S., Ch. 438, Sec. 13A.)
SUBCHAPTER C. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
Sec. 8509.0101. COMPOSITION OF BOARD; TERMS. (a) Four
directors are appointed by the commissioners court of each county
contained in the district, except for Hutchinson County, and one
director is appointed by the city council of the City of Stinnett.
(b) Directors serve staggered two-year terms expiring
December 31.
(c) Each December the commissioners court of each county
contained in the district, except for Hutchinson County, and the
city council of the City of Stinnett shall appoint a director or
directors from that county or city to succeed the director or
directors appointed by that commissioners court or city council
whose terms expire on the 31st day of that month. (Acts 63rd Leg.,
R.S., Ch. 438, Secs. 17(a), (b) (part), (c) (part).)
Sec. 8509.0102. QUALIFICATIONS FOR OFFICE. (a) A person
may be appointed a director by the commissioners court of a county
only if the person resides in and owns taxable property in the
county from which the person is appointed.
(b) A person may be appointed director by the city council
of the City of Stinnett only if the person resides in and owns
taxable property in the city.
(c) A member of a governing body of a county or of the City
of Stinnett or an employee of a county or of the City of Stinnett may
not be appointed director. (Acts 63rd Leg., R.S., Ch. 438,
Secs. 17(b) (part), (c) (part).)
Sec. 8509.0103. REMOVAL. Not earlier than the 10th day
after the date a director receives written notice of a charge
against the director, and after an opportunity to be heard in person
or through the appearance of counsel at a public hearing on the
matter of the charge described by the notice, the board may remove a
director for:
(1) inefficiency;
(2) neglect of duty; or
(3) misconduct in office. (Acts 63rd Leg., R.S.,
Ch. 438, Sec. 19C.)
Sec. 8509.0104. VACANCY. (a) If a director appointed by
the commissioners court of a county ceases to reside in the county
or otherwise ceases to serve as a director, the commissioners court
of that county shall appoint a director to fill the vacancy for the
unexpired term.
(b) If a director appointed by the city council of the City
of Stinnett ceases to reside in the city or otherwise ceases to
serve as a director, the city council of that city shall appoint a
director to fill the vacancy for the unexpired term. (Acts 63rd
Leg., R.S., Ch. 438, Secs. 17(b) (part), (c) (part).)
Sec. 8509.0105. OFFICERS. (a) The board shall elect from
the board's membership a president, a vice president, and any other
officers as the board determines necessary. The president is the
district's chief executive officer and the board's presiding
officer. Except as provided by Section 8509.0106, the vice
president shall act as president if the president is absent or fails
or declines to act.
(b) The board shall appoint a secretary and a treasurer, who
are not required to be directors. The board may combine the offices
of secretary and treasurer. (Acts 63rd Leg., R.S., Ch. 438, Sec. 18
(part).)
Sec. 8509.0106. VOTE BY BOARD PRESIDENT. The president has
the same right to vote as any other director. The vice president
may not exercise the president's right to vote. (Acts 63rd Leg.,
R.S., Ch. 438, Sec. 18 (part).)
Sec. 8509.0107. EMPLOYEES. The board may employ a general
manager, attorneys, accountants, engineers, or other technical or
nontechnical employees or assistants and set the amount and manner
of their compensation. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19
(part).)
Sec. 8509.0108. DIRECTOR'S AND TREASURER'S BONDS. (a) Each
director shall give bond in the amount of $5,000 conditioned on the
faithful performance of the director's duties.
(b) The treasurer shall give bond in an amount required by
the board. The treasurer's bond must be conditioned on the
treasurer's faithful accounting for all money that comes into the
treasurer's custody as district treasurer. (Acts 63rd Leg., R.S.,
Ch. 438, Secs. 17(c) (part), 18 (part).)
Sec. 8509.0109. COMPENSATION OF DIRECTORS. (a) Unless the
board by resolution increases the fee to an amount authorized by
Section 49.060, Water Code, each director:
(1) shall receive a fee for attending each board
meeting not to exceed $25 for a meeting or $50 in one calendar
month; and
(2) is entitled to an additional amount not to exceed
$25 for each day that the director devotes to serving the district's
business if the service is expressly approved by the board.
(b) In all areas of conflict with Subsection (a) of this
section, Section 49.060, Water Code, takes precedence. (Acts 63rd
Leg., R.S., Ch. 438, Sec. 17(d) (part); New.)
Sec. 8509.0110. INTEREST IN CONTRACT. (a) A director who
has a financial interest in a contract under consideration by the
district for the purchase, sale, lease, rental, or supply of
property, including supplies, materials, and equipment, or the
construction of facilities, shall disclose that fact to the other
directors and may not vote on or participate in discussions during
board meetings on the acceptance of the contract.
(b) A director's financial interest does not affect the
validity of a contract if disclosure is made and the director with
the financial interest does not vote on the question of entering
into the contract. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19B.)
Sec. 8509.0111. DIRECTOR TRAINING PROGRAM. (a) A person
who is appointed to and qualifies for office as a director may not
vote, deliberate, or be counted as a director in attendance at a
board meeting until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the law governing district operations;
(2) the district's programs, functions, rules, and
budget;
(3) the scope of and limitations on the district's
rulemaking authority;
(4) the results of the district's most recent formal
audit;
(5) the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of the
governing body of a water district in performing their duties; and
(6) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement for the travel expenses incurred in attending the
training program regardless of whether the attendance at the
program occurs before or after the person qualifies for office.
(d) The board shall create a training manual that includes
the information required by Subsection (b). The board shall
distribute a copy of the training manual annually to each director.
On receipt of the training manual, each director shall sign a
statement acknowledging receipt of the training manual. (Acts 63rd
Leg., R.S., Ch. 438, Sec. 19D.)
Sec. 8509.0112. SEPARATION OF POLICYMAKING AND MANAGEMENT
FUNCTIONS. The board shall develop and implement policies that
clearly separate the policymaking responsibilities of the board and
the management responsibilities of the district's general manager
and staff. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19E.)
Sec. 8509.0113. COMPLAINTS. (a) The district shall
maintain a system to promptly and efficiently act on complaints
filed with the district. The district shall maintain information
about parties to the complaint, the subject matter of the
complaint, a summary of the results of the review or investigation
of the complaint, and its disposition.
(b) The district shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The district shall periodically notify the parties to
the complaint of the status of the complaint until final
disposition. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19F.)
Sec. 8509.0114. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION. (a) The district shall develop a policy to
encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of district rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the district's
jurisdiction.
(b) The district's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The district shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19G.)
Sec. 8509.0115. PUBLIC COMMENT POLICY. The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any agenda item at board meetings. (Acts 63rd Leg., R.S., Ch. 438,
Sec. 19A.)
Sec. 8509.0116. EXPENDITURES. The board may provide for
the payment of expenditures considered essential to the proper
maintenance of the district and its affairs. (Acts 63rd Leg., R.S.,
Ch. 438, Sec. 19 (part).)
Sec. 8509.0117. SEAL. The board may adopt a seal for the
district. (Acts 63rd Leg., R.S., Ch. 438, Sec. 18 (part).)
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8509.0151. GENERAL WATER SUPPLY POWERS. (a) The
district, inside or outside its boundaries, may:
(1) develop, construct, or purchase a dam or
reservoir;
(2) in order to preserve and protect the purity of the
waters of the state and of the district and conserve and reclaim
those waters for beneficial use by the district's inhabitants,
provide any plant, work, facility, or appliance incident to or
helpful or necessary to the collection, transportation,
processing, disposal, or control of those waters for agricultural,
municipal, domestic, oil field flooding, mining, or industrial
purposes;
(3) construct or purchase any plant or other facility
necessary or useful to:
(A) provide a source of water supply;
(B) store or process the water; or
(C) transport or distribute the water for
irrigation, livestock raising, agricultural, municipal, domestic,
or industrial purposes;
(4) impound, store, control, and conserve the storm
and flood waters and the unappropriated flow waters, including the
storm and flood waters and unappropriated flow waters of Palo Duro
Creek and Horse Creek, by complying with Subchapters A-D, Chapter
11, and Subchapter B, Chapter 12, Water Code;
(5) acquire or construct a dam or any work, plant, or
other facility necessary or useful to impound, process, or
transport water to a municipality or other entity for municipal,
agricultural, domestic, industrial, oil field flooding, or mining
purposes; and
(6) develop or purchase additional sources of water,
subject to Section 8509.0157.
(b) The district may acquire land inside or outside the
district's boundaries and construct, lease, or otherwise acquire
any work, plant, or other facility necessary or useful to:
(1) divert, further impound, or store water;
(2) process the water; or
(3) transport the water to a municipality or other
entity for agricultural, municipal, domestic, industrial, oil
field flooding, or mining purposes.
(c) The board shall determine the size of a dam and
reservoir developed, constructed, or purchased under Subsection
(a), taking into consideration probable future increases in water
requirements. The size of the dam may not be limited by the amount
of water the commission initially authorizes to be impounded by the
dam.
(d) The district may lease or otherwise acquire rights in
and to storage and storage capacity in any reservoir constructed or
to be constructed by any person or from the United States. (Acts
63rd Leg., R.S., Ch. 438, Secs. 3 (part), 8, 9, 12 (part).)
Sec. 8509.0152. GENERAL PROPERTY POWER. In addition to
powers granted the district under other law, the district has the
power to purchase, construct, maintain, or in any other manner
acquire, provide, and develop all works, facilities, improvements,
lands, easements, and properties that may be necessary or useful in
fulfilling any district purpose. (Acts 63rd Leg., R.S., Ch. 438,
Sec. 11 (part).)
Sec. 8509.0153. CONTRACTS TO SUPPLY WATER AND OPERATE
FACILITIES. (a) The district may contract with a municipality or
other entity to supply water to the municipality or entity.
(b) The district may contract with a municipality for the
rental or leasing of or for the operation of the municipality's
water production, water supply, and water filtration or
purification facilities on the consideration agreed to by the
district and the municipality.
(c) A contract entered into under this section may:
(1) be on terms and for the time agreed to by the
parties; and
(2) provide that the contract will continue in effect
until bonds specified in the contract and refunding bonds issued in
lieu of the bonds are paid. (Acts 63rd Leg., R.S., Ch. 438, Sec. 6.)
Sec. 8509.0154. CONTROL OF STORM AND FLOOD WATERS. The
district may:
(1) control, store, conserve, protect, distribute,
and use the storm and flood waters in the district for all useful
purposes permitted by law; and
(2) implement flood prevention and control measures in
the district and prevent or aid in preventing damage to district
lands and the soil and fertility of those lands. (Acts 63rd Leg.,
R.S., Ch. 438, Sec. 11 (part).)
Sec. 8509.0155. DISTRICT TO RECEIVE AND ACCEPT TECHNICAL
AND FINANCIAL ASSISTANCE. The district may receive and accept
technical and financial assistance from other districts or state
agencies or from the United States to accomplish the purposes
described by Sections 8509.0152 and 8509.0154. (Acts 63rd Leg.,
R.S., Ch. 438, Sec. 11 (part).)
Sec. 8509.0156. WATER APPROPRIATION PERMITS. (a) Through
an appropriate hearing, the district may obtain an appropriation
permit from the commission, as provided by Subchapters A-D, Chapter
11, and Subchapter B, Chapter 12, Water Code.
(b) On application of the district or at the will of the
commission and after an appropriate hearing, the commission may
modify an appropriation permit obtained by the district from the
commission to increase or decrease the amount of water that may be
appropriated and the amount that may be stored by the district to
meet fluctuating demands.
(c) On application by the district or by the commission's
own action, the commission shall redetermine the maximum amount of
water that the district may store in the district's reservoir. In
making this determination, the commission shall consider the needs
of the municipalities and other entities that purchase water from
the district.
(d) The district may acquire a water appropriation permit
from a permit owner. (Acts 63rd Leg., R.S., Ch. 438, Secs. 7, 12
(part).)
Sec. 8509.0157. UNDERGROUND SOURCES OF WATER. The district
may not develop or otherwise acquire underground sources of water.
(Acts 63rd Leg., R.S., Ch. 438, Sec. 5(a) (part).)
Sec. 8509.0158. LIMITATION ON CONSTRUCTION OF CERTAIN
FACILITIES. The district may not construct a dam or other facility
for impounding water unless the plans for the dam or facility are
approved by the commission. (Acts 63rd Leg., R.S., Ch. 438, Sec.
5(a) (part).)
Sec. 8509.0159. DISPOSAL OF DISTRICT PROPERTY. The
district may sell, trade, or otherwise dispose of any property
considered by the district not to be needed for district purposes,
subject to the terms of any deed of trust or other indenture. (Acts
63rd Leg., R.S., Ch. 438, Sec. 5(b).)
Sec. 8509.0160. EMINENT DOMAIN. (a) To carry out a power
conferred by this chapter, the district may exercise the power of
eminent domain to acquire:
(1) the fee simple title to land and other property and
easements inside the district, including land needed for a
reservoir or dam or a flood easement above the probable high-water
line around a reservoir; and
(2) the fee simple title to land and other property and
easements outside the district, except for land, other property,
and easements to be used for a dam or facility for the impoundment
or storage of water.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code.
(c) The district is a municipal corporation for the purposes
of Section 21.021, Property Code.
(d) The district may not exercise the power of eminent
domain to acquire property owned by any other political
subdivision.
(e) In exercising the power of eminent domain against a
person that has the power of eminent domain or a receiver or trustee
for that person, the district may acquire an easement only and not
the fee title.
(f) The board shall determine the amount of and the type of
interest in land, other property, or easements to be acquired under
this section.
(g) The district's authority under this section to exercise
the power of eminent domain expired on September 1, 2013, unless the
district submitted a letter to the comptroller in accordance with
Section 2206.101(b), Government Code, not later than December 31,
2012. (Acts 63rd Leg., R.S., Ch. 438, Sec. 10; New.)
Sec. 8509.0161. COST OF RELOCATING OR ALTERING PROPERTY.
If the district's exercise of the power of eminent domain, the power
of relocation, or any other power granted by this chapter makes
necessary relocating, raising, rerouting, changing the grade of, or
altering the construction of a highway, railroad, electric
transmission line, telephone or telegraph property or facility, or
pipeline, the necessary action shall be accomplished at the
district's sole expense. (Acts 63rd Leg., R.S., Ch. 438, Sec. 15.)
Sec. 8509.0162. CERTAIN POWERS RELATED TO DISTRICT
PROPERTY. The district may:
(1) lease the hunting rights on property owned by the
district;
(2) develop, manage, or lease property owned by the
district for any recreational purpose; and
(3) lease property owned by the district to a person
seeking to develop renewable energy resources. (Acts 63rd Leg.,
R.S., Ch. 438, Sec. 3A.)
Sec. 8509.0163. PARKS AND RECREATION FACILITIES. The
district may establish or otherwise provide for public parks and
recreation facilities and may acquire land in the district for
those purposes. (Acts 63rd Leg., R.S., Ch. 438, Sec. 14.)
Sec. 8509.0164. SURVEYS AND INVESTIGATIONS. The board may
conduct a survey or an engineering investigation to provide
information for the district to facilitate the accomplishment of a
district purpose. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19 (part).)
SUBCHAPTER E. REGULATORY POWERS
Sec. 8509.0201. ADOPTION OF RULES. The board may adopt
reasonable rules to:
(1) secure, maintain, and preserve the sanitary
condition of water in and water that flows into any reservoir owned
by the district;
(2) prevent waste of or the unauthorized use of water;
and
(3) regulate residence, hunting, fishing, boating,
camping, and any other recreational or business privilege along or
around any reservoir, body of land, or easement owned by the
district. (Acts 63rd Leg., R.S., Ch. 438, Sec. 13(a).)
Sec. 8509.0202. ENFORCEMENT OF RULES; PENALTY. (a) The
district by rule may prescribe reasonable penalties for the
violation of a district rule.
(b) A penalty may consist of a fine not to exceed $200.
(c) A penalty prescribed under this section is in addition
to any other penalty provided by the laws of this state. (Acts 63rd
Leg., R.S., Ch. 438, Sec. 13(b) (part).)
Sec. 8509.0203. NOTICE OF RULE PROVIDING PENALTY. (a) If
the district adopts a rule that provides a penalty, the district
must publish a substantive statement of the rule and the penalty
once a week for two consecutive weeks in each county in which any
part of the reservoir to which the rule applies is situated.
(b) A single statement must be as condensed as possible so
that the act prohibited by the rule can be easily understood.
(c) The statement may include notice of any number of rules.
(d) The notice must state that:
(1) a person who violates the rule is subject to a
penalty; and
(2) the rule is on file in the district's principal
office, where the rule may be read by any interested person.
(e) A rule takes effect five days after the date of second
publication of the statement under this section. (Acts 63rd Leg.,
R.S., Ch. 438, Sec. 13(b) (part).)
Sec. 8509.0204. JUDICIAL NOTICE OF RULES. A court shall
take judicial notice of a rule adopted under this subchapter and
published as required by Section 8509.0203, and the court shall
consider the rule to be similar in nature to a penal ordinance of a
municipality. (Acts 63rd Leg., R.S., Ch. 438, Sec. 13(b) (part).)
Sec. 8509.0205. ENFORCEMENT BY PEACE OFFICERS. (a) A
licensed peace officer may make an arrest when necessary to prevent
or abate the commission of an offense:
(1) in violation of a district rule or a law of this
state that occurs or threatens to occur on any land, water, or
easement owned or controlled by the district; or
(2) involving damage to any property owned or
controlled by the district.
(b) A peace officer may make an arrest under Subsection
(a)(2) at any location. (Acts 63rd Leg., R.S., Ch. 438, Sec.
13(c).)
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
Sec. 8509.0251. TAX METHOD. (a) The district shall use the
ad valorem plan of taxation.
(b) The board is not required to hold a hearing on the
adoption of a plan of taxation. (Acts 63rd Leg., R.S., Ch. 438,
Sec. 16 (part).)
Sec. 8509.0252. AUTHORITY TO IMPOSE TAX; LIMITATION ON TAX
RATE; TAX ELECTION. (a) If a tax is authorized at an election under
Section 49.107, Water Code, the district annually may impose an ad
valorem tax on the taxable property in the district to provide
money:
(1) necessary to construct or acquire, maintain, and
operate dams, works, plants, and facilities considered essential or
beneficial to the district and the district's purposes; or
(2) adequate to defray the cost of the district's
maintenance, operation, and administration.
(b) The district may not impose an ad valorem tax for the
district's maintenance, operation, and administration that exceeds
50 cents on the $100 assessed valuation of the taxable property in
the district.
(c) An election for the imposition of taxes authorized by
this section must be:
(1) ordered by the board; and
(2) held and conducted in the manner provided by this
chapter relating to elections for the authorization of bonds.
(Acts 63rd Leg., R.S., Ch. 438, Sec. 27 (part).)
Sec. 8509.0253. DEPOSITORY. (a) The board shall designate
one or more banks in the district to serve as depository for the
district's money.
(b) District money shall be deposited with a designated
depository bank or banks, except that:
(1) money pledged to pay bonds may be deposited with
the trustee bank named in the trust agreement; and
(2) money shall be remitted to the bank of payment for
the payment of principal of and interest on bonds.
(c) To the extent that money in a depository bank or a
trustee bank is not insured by the Federal Deposit Insurance
Corporation, the money must be secured in the manner provided by law
for the security of county funds.
(d) The board shall prescribe the terms of service for
depositories.
(e) Before designating a depository bank, the board shall
issue a notice that:
(1) states the time and place at which the board will
meet to designate a depository bank or banks; and
(2) invites the banks in the district to submit an
application to be designated as a depository.
(f) The notice must be published one time in a newspaper or
newspapers published in the district and specified by the board.
(g) At the time stated in the notice, the board shall:
(1) consider the application and the management and
condition of each bank that applies; and
(2) designate as a depository the bank or banks that:
(A) offer the most favorable terms for handling
the money; and
(B) the board finds have proper management and
are in condition to handle the money.
(h) Membership on the board of an officer or director of a
bank does not disqualify the bank from being designated as a
depository.
(i) If the board does not receive any applications before
the time stated in the notice, the board shall designate one or more
banks located inside or outside the district on terms that the board
finds advantageous to the district. (Acts 63rd Leg., R.S., Ch. 438,
Sec. 29.)
Sec. 8509.0254. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
The district is not required to pay a tax or assessment on a
district project or any part of the project. (Acts 63rd Leg., R.S.,
Ch. 438, Sec. 26 (part).)
SUBCHAPTER G. BONDS
Sec. 8509.0301. AUTHORITY TO ISSUE BONDS. (a) The district
may issue bonds to carry out any power conferred by this chapter,
including to provide a source of water supply for municipalities
and other users for agricultural, municipal, domestic, industrial,
oil field flooding, and mining purposes.
(b) The bonds must be authorized by a board resolution.
(Acts 63rd Leg., R.S., Ch. 438, Secs. 20(a) (part), (b) (part), (c),
(e) (part).)
Sec. 8509.0302. FORM OF BONDS. District bonds must be:
(1) issued in the district's name;
(2) signed by the president or vice president; and
(3) attested by the secretary. (Acts 63rd Leg., R.S.,
Ch. 438, Sec. 20(b) (part).)
Sec. 8509.0303. MATURITY. District bonds must mature not
later than 40 years after the date of their issuance. (Acts 63rd
Leg., R.S., Ch. 438, Sec. 20(b) (part).)
Sec. 8509.0304. ELECTION FOR BONDS PAYABLE FROM AD VALOREM
TAXES. (a) Bonds, other than refunding bonds, payable wholly or
partly from ad valorem taxes may not be issued unless authorized by
a majority vote of the voters voting at an election held for that
purpose.
(b) The board may call an election under this section
without a petition. The resolution calling the election must
specify:
(1) the time and places at which the election will be
held;
(2) the purpose for which the bonds will be issued;
(3) the maximum amount of the bonds;
(4) the maximum maturity of the bonds;
(5) the form of the ballot; and
(6) the presiding judge for each polling place.
(c) Notice of the election must be given by publishing a
substantial copy of the resolution calling the election in one
newspaper published in each municipality contained in the district
for two consecutive weeks. The first publication must be not later
than the 21st day before the date of the election. In any
municipality in which a newspaper is not published, notice must be
given by posting a copy of the resolution in three public places.
(d) The district may issue bonds not payable wholly or
partly from ad valorem taxes without an election. (Acts 63rd Leg.,
R.S., Ch. 438, Secs. 23(a), (b).)
Sec. 8509.0305. BONDS PAYABLE FROM REVENUE. (a) In this
section, "net revenue" means the district's gross revenue and
income from all sources less the amount necessary to pay the cost of
maintaining and operating the district and the district's property.
(b) Bonds issued under this subchapter may be secured under
board resolution by a pledge of:
(1) all or part of the district's net revenue;
(2) the net revenue of one or more contracts made
before or after the issuance of the bonds; or
(3) other revenue or income specified by board
resolution or in the trust indenture.
(c) The pledge may reserve the right to issue additional
bonds on a parity with, or subordinate to, the bonds being issued,
subject to conditions specified by the pledge. (Acts 63rd Leg.,
R.S., Ch. 438, Secs. 20(a) (part), (d).)
Sec. 8509.0306. BONDS PAYABLE FROM AD VALOREM TAXES. The
board may issue bonds payable, as pledged by board resolution,
from:
(1) ad valorem taxes imposed on taxable property in
the district; or
(2) ad valorem taxes and revenue of the district.
(Acts 63rd Leg., R.S., Ch. 438, Secs. 20(a) (part), (e) (part).)
Sec. 8509.0307. TAX AND RATE REQUIREMENTS. (a) If the
district issues bonds payable wholly or partly from ad valorem
taxes, the board shall impose an ad valorem tax on the taxable
property in the district sufficient to pay the principal of and the
interest on the bonds as the bonds and interest become due without
limit as to the rate or the amount. The board may adopt the rate of
the tax for any year after considering the money received from the
pledged revenue available for payment of principal and interest to
the extent and in the manner permitted by the resolution
authorizing the issuance of the bonds.
(b) If the district issues bonds payable wholly or partly
from revenue, the board shall set and revise the rates of
compensation for water sold and services rendered by the district.
(c) For bonds payable wholly from revenue, the rates of
compensation must be sufficient to:
(1) pay the expense of operating and maintaining the
district's facilities;
(2) pay the bonds as they mature and the interest as it
accrues; and
(3) maintain the reserve and other funds as provided
by the resolution authorizing the issuance of the bonds.
(d) For bonds payable partly from revenue, the rates of
compensation must be sufficient to assure compliance with the
resolution authorizing the issuance of the bonds. (Acts 63rd Leg.,
R.S., Ch. 438, Secs. 20(e) (part), (f), 28(h).)
Sec. 8509.0308. ADDITIONAL SECURITY. (a) District bonds,
including refunding bonds, that are not payable wholly from ad
valorem taxes may be additionally secured, at the board's
discretion, by a deed of trust or mortgage lien on the district's
physical property and all franchises, easements, water rights and
appropriation permits, leases, and contracts and all rights
appurtenant to the property, vesting in the trustee power to:
(1) sell the property for the payment of the debt;
(2) operate the property; and
(3) take other action to further secure the bonds.
(b) A purchaser under a sale under the deed of trust lien, if
one is given:
(1) is the absolute owner of the property, facilities,
and rights purchased; and
(2) is entitled to maintain and operate the property,
facilities, and rights. (Acts 63rd Leg., R.S., Ch. 438, Sec. 22
(part).)
Sec. 8509.0309. TRUST INDENTURE. (a) District bonds,
including refunding bonds, that are not payable wholly from ad
valorem taxes may be additionally secured by a trust indenture. The
trustee may be a bank with trust powers located inside or outside
the state.
(b) A trust indenture, regardless of the existence of a deed
of trust or mortgage lien on property, may:
(1) provide for the security of the bonds and the
preservation of the trust estate as prescribed by the board;
(2) provide for amendment or modification of the trust
indenture;
(3) provide for the issuance of bonds to replace lost
or mutilated bonds;
(4) condition the right to spend district money or
sell district property on the approval of a licensed engineer
selected as provided by the trust indenture; and
(5) provide for the investment of district money.
(Acts 63rd Leg., R.S., Ch. 438, Sec. 22 (part).)
Sec. 8509.0310. INTERIM BONDS OR NOTES. Before issuing
definitive bonds, the board may issue interim bonds or notes
exchangeable for definitive bonds. (Acts 63rd Leg., R.S., Ch. 438,
Sec. 20(a) (part).)
Sec. 8509.0311. USE OF BOND PROCEEDS. (a) The district may
set aside an amount of proceeds from the sale of bonds issued under
this subchapter for the payment of interest expected to accrue
during construction and a reserve interest and sinking fund. The
resolution authorizing the bonds may provide for setting aside and
using the proceeds as provided by this subsection.
(b) The district may use proceeds from the sale of the bonds
to pay any expense necessarily incurred in accomplishing the
district's purpose, including any expense of issuing and selling
the bonds.
(c) The proceeds from the sale of the bonds may be
temporarily invested in direct obligations of the United States
maturing not later than the first anniversary of the date of
investment. (Acts 63rd Leg., R.S., Ch. 438, Sec. 20(g).)
Sec. 8509.0312. APPOINTMENT OF RECEIVER. (a) On default or
threatened default in the payment of principal of or interest on
bonds issued under this subchapter that are payable wholly or
partly from revenue, a court may, on petition of the holders of
outstanding bonds, appoint a receiver for the district.
(b) The receiver may collect and receive all district income
except taxes, employ and discharge district agents and employees,
take charge of money on hand, except money received from taxes,
unless commingled, and manage the district's proprietary affairs
without the consent of or hindrance by the board.
(c) The receiver may be authorized to sell or contract for
the sale of water or to renew those contracts with the approval of
the court that appointed the receiver.
(d) The court may vest the receiver with any other power or
duty the court finds necessary to protect the bondholders. (Acts
63rd Leg., R.S., Ch. 438, Sec. 20(h) (part).)
Sec. 8509.0313. REFUNDING BONDS. (a) The district may
issue refunding bonds to refund outstanding bonds issued under
this subchapter and interest on those bonds.
(b) Refunding bonds may:
(1) be issued to refund bonds of more than one series;
(2) combine the pledges for the outstanding bonds for
the security of the refunding bonds; or
(3) be secured by a pledge of other or additional
revenue or mortgage liens.
(c) The provisions of this subchapter regarding the
issuance of other bonds, their security, and the remedies of the
holders apply to refunding bonds.
(d) The comptroller shall register the refunding bonds on
surrender and cancellation of the bonds to be refunded.
(e) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
district, in the resolution authorizing the issuance of the
refunding bonds, may provide for the sale of the refunding bonds and
the deposit of the proceeds in a bank at which the bonds to be
refunded are payable. In that case, the refunding bonds may be
issued in an amount sufficient to pay the principal of and interest
on the bonds to be refunded to their option date or maturity date,
and the comptroller shall register the refunding bonds without the
surrender and cancellation of the bonds to be refunded. (Acts 63rd
Leg., R.S., Ch. 438, Sec. 21.)
Sec. 8509.0314. LIMITATION ON RIGHTS OF BONDHOLDERS. The
resolution authorizing the bonds or the trust indenture securing
the bonds may limit or qualify the rights of the holders of less
than all of the outstanding bonds payable from the same source to
institute or prosecute litigation affecting the district's
property or income. (Acts 63rd Leg., R.S., Ch. 438, Sec. 20(h)
(part).)
Sec. 8509.0315. BONDS EXEMPT FROM TAXATION. A district
bond, the transfer of the bond, and the income from the bond,
including profits made on the sale of the bond, are exempt from
taxation in this state. (Acts 63rd Leg., R.S., Ch. 438, Sec. 26
(part).)
SECTION 1.04. DISTRICTS GOVERNING GROUNDWATER. Subtitle H,
Title 6, Special District Local Laws Code, is amended by adding Chapters 8893 and 8894 to read as follows:
CHAPTER 8893. LIVE OAK UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8893.0001. DEFINITIONS
Sec. 8893.0002. NATURE OF DISTRICT
Sec. 8893.0003. DISTRICT TERRITORY
Sec. 8893.0004. CONFLICTS OF LAW
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8893.0051. COMPOSITION OF BOARD; TERMS
Sec. 8893.0052. ELECTION OF DIRECTORS
Sec. 8893.0053. ELECTION OF DIRECTORS AFTER ANNEXATION
Sec. 8893.0054. ELECTION DATE
Sec. 8893.0055. QUALIFICATIONS FOR OFFICE
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8893.0101. GENERAL POWERS AND DUTIES
Sec. 8893.0102. ADMINISTRATIVE PROCEDURES
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8893.0151. TAX AND BOND PROVISIONS
CHAPTER 8893. LIVE OAK UNDERGROUND WATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8893.0001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Live Oak Underground Water
Conservation District. (Acts 71st Leg., R.S., Ch. 715, Sec. 2;
New.)
Sec. 8893.0002. NATURE OF DISTRICT. The district is
created to provide for the conservation, preservation, protection,
recharge, and prevention of waste of the groundwater reservoirs
located under district land, consistent with the objectives of
Section 59, Article XVI, Texas Constitution, and Chapter 36, Water
Code. (Acts 71st Leg., R.S., Ch. 715, Sec. 4.)
Sec. 8893.0003. DISTRICT TERRITORY. The district includes
the territory in Live Oak County unless the district's territory
has been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law. (Acts 71st Leg., R.S., Ch. 715, Sec. 3;
New.)
Sec. 8893.0004. CONFLICTS OF LAW. (a) This section applies
only to a provision of Chapter 36, Water Code, enacted on or before
June 12, 2017.
(b) If there is a conflict between this chapter and Chapter
36, Water Code, this chapter controls. (Acts 71st Leg., R.S., Ch.
715, Sec. 13; New.)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8893.0051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 71st
Leg., R.S., Ch. 715, Secs. 12(a), (d).)
Sec. 8893.0052. ELECTION OF DIRECTORS. One director is
elected from each county commissioners precinct in Live Oak County.
One director is elected from the district at large. (Acts 71st Leg.,
R.S., Ch. 715, Sec. 12(c) (part).)
Sec. 8893.0053. ELECTION OF DIRECTORS AFTER ANNEXATION.
The board shall determine to which precinct annexed land will be
added for purposes of election of directors. (Acts 71st Leg., R.S.,
Ch. 715, Sec. 11.)
Sec. 8893.0054. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors in each
even-numbered year. (Acts 71st Leg., R.S., Ch. 715, Sec. 12(e).)
Sec. 8893.0055. QUALIFICATIONS FOR OFFICE. (a) To be
qualified for election as a director, a person must be:
(1) a resident of the district; and
(2) at least 18 years of age.
(b) To represent a commissioner precinct, a person must be a
resident of the precinct. (Acts 71st Leg., R.S., Ch. 715, Secs.
12(b), (c) (part).)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8893.0101. GENERAL POWERS AND DUTIES. The district
has:
(1) the powers essential to accomplish the purposes of
Section 59, Article XVI, Texas Constitution; and
(2) the rights, powers, duties, privileges, and
functions provided by Chapter 36, Water Code, and other laws of this
state relating to groundwater conservation districts. (Acts 71st
Leg., R.S., Ch. 715, Secs. 1, 5.)
Sec. 8893.0102. ADMINISTRATIVE PROCEDURES. Except as
otherwise provided by this chapter, the administrative and
procedural provisions of Chapter 36, Water Code, apply to the
district. (Acts 71st Leg., R.S., Ch. 715, Sec. 6.)
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8893.0151. TAX AND BOND PROVISIONS. (a) Except as
provided by Subsection (b), the tax and bond provisions of
Subchapters F and G, Chapter 36, Water Code, apply to the district.
(b) Notwithstanding Section 36.201(b), Water Code, the
district may annually levy taxes to pay the maintenance and
operating expenses of the district at a rate not to exceed five
cents on each $100 of assessed valuation. (Acts 71st Leg., R.S., Ch. 715, Sec. 9.)
CHAPTER 8894. HEMPHILL COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8894.0001. DEFINITIONS
Sec. 8894.0002. NATURE OF DISTRICT
Sec. 8894.0003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8894.0004. DISTRICT TERRITORY
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8894.0051. COMPOSITION OF BOARD; TERMS
Sec. 8894.0052. ELECTION DATE
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8894.0101. GENERAL POWERS AND DUTIES
Sec. 8894.0102. NO EMINENT DOMAIN POWER
CHAPTER 8894. HEMPHILL COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8894.0001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Hemphill County Underground
Water Conservation District. (Acts 74th Leg., R.S., Ch. 157, Secs.
1(a) (part), 2; New.)
Sec. 8894.0002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Hemphill County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution. (Acts 74th Leg., R.S., Ch. 157, Secs. 1(a)
(part), (b).)
Sec. 8894.0003. FINDINGS OF PUBLIC USE AND BENEFIT. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 74th Leg., R.S., Ch. 157, Sec. 4.)
Sec. 8894.0004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Hemphill County,
unless the district's territory has been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law. (Acts 74th Leg., R.S., Ch. 157, Sec. 3;
New.)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8894.0051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors.
(b) Directors serve staggered four-year terms. (Acts 74th
Leg., R.S., Ch. 157, Secs. 6(a), (d).)
Sec. 8894.0052. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date in May of each even-numbered year. (Acts 74th
Leg., R.S., Ch. 157, Sec. 9; New.)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8894.0101. GENERAL POWERS AND DUTIES. Except as
otherwise provided by Section 8894.0102, the district has the
rights, powers, privileges, functions, and duties provided by the
general law of this state, including Chapter 36, Water Code,
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution. (Acts 74th Leg., R.S.,
Ch. 157, Sec. 5(a) (part).)
Sec. 8894.0102. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain. (Acts 74th Leg., R.S.,
Ch. 157, Sec. 5(a) (part).)
SECTION 1.05. WATER CONTROL AND IMPROVEMENT DISTRICTS.
Subtitle I, Title 6, Special District Local Laws Code, is amended by
adding Chapters 9075, 9077, 9078, 9079, 9080, and 9083 to read as follows:
CHAPTER 9075. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9075.0001. DEFINITION
Sec. 9075.0002. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 9075.0003. NATURE OF DISTRICT
Sec. 9075.0004. DISTRICT TERRITORY
Sec. 9075.0005. COST OF RELOCATING OR ALTERING
PROPERTY
SUBCHAPTER B. DEFINED AREA
Sec. 9075.0051. CREATION OF DEFINED AREA; DESIGNATION
Sec. 9075.0052. INITIAL TERRITORY
Sec. 9075.0053. EXCLUSION OF LAND
Sec. 9075.0054. PROCEDURE FOR ELECTION
Sec. 9075.0055. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES
Sec. 9075.0056. ISSUANCE OF BONDS
Sec. 9075.0057. POWERS AND DUTIES
Sec. 9075.0058. AUTHORITY FOR ROAD PROJECTS
Sec. 9075.0059. ROAD STANDARDS AND REQUIREMENTS
Sec. 9075.0060. IMPROVEMENT PROJECTS AND SERVICES
Sec. 9075.0061. ELECTIONS REGARDING TAXES AND BONDS
Sec. 9075.0062. OPERATION AND MAINTENANCE TAX
Sec. 9075.0063. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS
Sec. 9075.0064. TAXES FOR BONDS
CHAPTER 9075. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9075.0001. DEFINITION. In this chapter, "district"
means the Fort Bend County Water Control and Improvement District
No. 2 in Fort Bend County and Harris County. (Acts 57th Leg., R.S.,
Ch. 312, Sec. 1 (part); Acts 61st Leg., R.S., Ch. 381, Sec. 1
(part).)
Sec. 9075.0002. FINDINGS OF PUBLIC USE AND BENEFIT. (a)
The district will serve a public use and benefit.
(b) All land and other property in the district will benefit
from the district. (Acts 57th Leg., R.S., Ch. 312, Sec. 2; Acts
61st Leg., R.S., Ch. 381, Sec. 3.)
Sec. 9075.0003. NATURE OF DISTRICT. The district is a
conservation and reclamation district under Section 59, Article
XVI, Texas Constitution. (Acts 61st Leg., R.S., Ch. 381, Sec. 1
(part).)
Sec. 9075.0004. DISTRICT TERRITORY. The district is
composed of the territory described by Section 1, Chapter 312, Acts
of the 57th Legislature, Regular Session, 1961, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code;
(2) Subchapter O, Chapter 51, Water Code; or
(3) other law. (Acts 57th Leg., R.S., Ch. 312, Sec. 1
(part); New.)
Sec. 9075.0005. COST OF RELOCATING OR ALTERING PROPERTY.
(a) In this section, "sole expense" means the actual cost of
relocating, raising, lowering, rerouting, changing the grade of, or
altering the construction of a facility described by Subsection (b)
in providing comparable replacement without enhancement of the
facility, after deducting from that cost the net salvage value
derived from the old facility.
(b) If the district's exercise of the power of eminent
domain, the power of relocation, or any other power granted by this
chapter makes necessary relocating, raising, rerouting, changing
the grade of, or altering the construction of a highway, railroad,
electric transmission line, telephone or telegraph property or
facility, or pipeline, the necessary action shall be accomplished
at the sole expense of the district. (Acts 57th Leg., R.S., Ch. 312,
Sec. 6.)
SUBCHAPTER B. DEFINED AREA
Sec. 9075.0051. CREATION OF DEFINED AREA; DESIGNATION. (a)
A defined area is created in the district.
(b) The defined area is designated to pay for improvements,
facilities, or services that primarily benefit the defined area and
do not generally benefit the district as a whole. (Acts 57th Leg.,
R.S., Ch. 312, Sec. 9.)
Sec. 9075.0052. INITIAL TERRITORY. (a) The defined area is
initially composed of the territory described by Section 2, Chapter
669, Acts of the 84th Legislature, Regular Session, 2015.
(b) The boundaries and field notes contained in Section 2,
Chapter 669, Acts of the 84th Legislature, Regular Session, 2015,
form a closure. A mistake made in the field notes or in copying the
field notes in the legislative process does not affect:
(1) the defined area's organization, existence, or
validity;
(2) the district's right to issue any type of bond or
obligation for the purposes for which the defined area is
designated, including to pay the principal of and interest on a
bond;
(3) the district's right to impose or collect a tax in
the defined area; or
(4) the legality or operation of the defined area or
the district. (Acts 57th Leg., R.S., Ch. 312, Sec. 10.)
Sec. 9075.0053. EXCLUSION OF LAND. Subject to the City of
Stafford providing written consent by ordinance or resolution, the
district may exclude land from the defined area in the same manner
as the district may exclude land from the district. (Acts 57th Leg.,
R.S., Ch. 312, Sec. 11.)
Sec. 9075.0054. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the defined area, the governing body of the
district must call and hold an election in the defined area only.
(b) The governing body of the district may submit the
proposition to the voters on the same ballot to be used in another
election. (Acts 57th Leg., R.S., Ch. 312, Sec. 12.)
Sec. 9075.0055. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES. On approval of the voters in the defined area, the
district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area to provide money to construct, administer, maintain, and
operate services, improvements, and facilities that primarily
benefit the defined area. (Acts 57th Leg., R.S., Ch. 312, Sec. 13.)
Sec. 9075.0056. ISSUANCE OF BONDS. On approval of the
voters in the defined area, the district may issue bonds to provide
for any land, improvements, facilities, plants, equipment, and
appliances for the defined area. (Acts 57th Leg., R.S., Ch. 312,
Sec. 14.)
Sec. 9075.0057. POWERS AND DUTIES. (a) For the benefit of
the defined area, the district has the powers and duties provided by
the general law of this state necessary to accomplish the purposes
of:
(1) Section 59, Article XVI, Texas Constitution;
(2) Section 52, Article III, Texas Constitution,
applicable to the construction, acquisition, improvement,
operation, or maintenance of macadamized, graveled, or paved roads,
or improvements, including storm drainage, in aid of those roads;
and
(3) except as provided by this chapter, Chapters 49
and 51, Water Code, applicable to water control and improvement
districts created under Section 59, Article XVI, Texas
Constitution.
(b) Except as provided by Subsection (c), the governing body
of the district shall administer the defined area as provided by
Chapter 51, Water Code.
(c) Sections 51.518, 51.519, 51.520, 51.521, 51.522,
51.523, 51.524, 51.526, 51.527, 51.528, and 51.529, Water Code, do
not apply to the district. (Acts 57th Leg., R.S., Ch. 312, Sec.
15.)
Sec. 9075.0058. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, for the benefit of the defined
area, the district may design, acquire, construct, finance, issue
bonds for, improve, operate, maintain, and convey to this state, a
county, or a municipality for operation and maintenance
macadamized, graveled, or paved roads, or improvements, including
storm drainage, in aid of those roads, including roads located
outside the boundaries of the defined area that benefit the defined
area. (Acts 57th Leg., R.S., Ch. 312, Sec. 16.)
Sec. 9075.0059. ROAD STANDARDS AND REQUIREMENTS. A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located. (Acts 57th Leg., R.S., Ch. 312, Sec. 17.)
Sec. 9075.0060. IMPROVEMENT PROJECTS AND SERVICES. For the
benefit of the defined area, the district may provide, design,
construct, acquire, improve, relocate, operate, maintain, or
finance an improvement project or service using any money available
to the district, or contract with a governmental or private entity
to provide, design, construct, acquire, improve, relocate,
operate, maintain, or finance an improvement project or service
authorized under this chapter. (Acts 57th Leg., R.S., Ch. 312, Sec.
18.)
Sec. 9075.0061. ELECTIONS REGARDING TAXES AND BONDS. (a)
For the benefit of the defined area, the district may issue, without
an election, bonds, notes, and other obligations secured by revenue
other than ad valorem taxes.
(b) The district must hold an election in the defined area
to obtain approval of the voters of the defined area before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes in the defined area.
(c) An election under this section does not require that an
election be held in the part of the district located outside the
defined area.
(d) All or any part of any facilities or improvements that
may be acquired by a district through the issuance of bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election. (Acts 57th Leg., R.S., Ch. 312, Sec. 19.)
Sec. 9075.0062. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the voters in the defined area voting at
an election held in accordance with Section 9075.0061, the district
may impose an operation and maintenance tax on taxable property in
the defined area in accordance with Section 49.107, Water Code, for
any district purpose, including to:
(1) maintain and operate the defined area;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The governing body of the district shall determine the
tax rate. The rate may not exceed the rate approved at the election
described by Subsection (a).
(c) Section 49.107(h), Water Code, does not apply to the
district. (Acts 57th Leg., R.S., Ch. 312, Sec. 20.)
Sec. 9075.0063. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) For the benefit of the defined
area, the district may borrow money on terms determined by the
governing body of the district.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes, impact
fees, revenue, grants, or other district money, or any combination
of those sources of money from the defined area, to pay for any
authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
(d) The district must obtain approval from the Texas
Commission on Environmental Quality as provided by Chapter 49,
Water Code, before the district issues bonds to provide water,
sewer, or drainage facilities for the benefit of the defined area.
(Acts 57th Leg., R.S., Ch. 312, Sec. 21.)
Sec. 9075.0064. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes from the
defined area, the governing body of the district shall provide for
the annual imposition of a continuing direct annual ad valorem tax,
without limit as to rate or amount, for each year that all or part of
the bonds are outstanding as required and in the manner provided by
Sections 51.433 and 51.436, Water Code. (Acts 57th Leg., R.S., Ch. 312, Sec. 22.)
CHAPTER 9077. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 5
Sec. 9077.0001. DEFINITION
Sec. 9077.0002. EMINENT DOMAIN
CHAPTER 9077. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 5
Sec. 9077.0001. DEFINITION. In this chapter, "district"
means the Bell County Water Control and Improvement District No. 5
in Bell County. (Acts 56th Leg., R.S., Ch. 227, Sec. 1 (part); New.)
Sec. 9077.0002. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain to acquire real estate located
in Bell County.
(b) The district must exercise the power of eminent domain
in the manner provided by Chapter 21, Property Code.
(c) The district's authority under this section to exercise
the power of eminent domain expired on September 1, 2013, unless the
district submitted a letter to the comptroller in accordance with
Section 2206.101(b), Government Code, not later than December 31, 2012. (Acts 56th Leg., R.S., Ch. 227, Sec. 1 (part); New.)
CHAPTER 9078. FANNIN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9078.0001. DEFINITIONS
Sec. 9078.0002. NATURE OF DISTRICT
Sec. 9078.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT
Sec. 9078.0004. DISTRICT TERRITORY
Sec. 9078.0005. LIBERAL CONSTRUCTION OF CHAPTER
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9078.0051. GENERAL POWERS AND DUTIES
Sec. 9078.0052. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS
Sec. 9078.0053. CONTROL OF WATER AND FLOODWATER;
RECLAMATION
Sec. 9078.0054. COST OF RELOCATING OR ALTERING
PROPERTY
SUBCHAPTER C. TAXES
Sec. 9078.0101. IMPOSITION OF MAINTENANCE TAX;
ELECTION PROCEDURE
Sec. 9078.0102. MAINTENANCE TAX RATE
Sec. 9078.0103. TAX METHOD
SUBCHAPTER D. BONDS
Sec. 9078.0151. DEFINITION OF NET REVENUES
Sec. 9078.0152. AUTHORITY TO ISSUE BONDS
Sec. 9078.0153. SECURITY FOR REVENUE BONDS
Sec. 9078.0154. BOND ELECTION REQUIRED
Sec. 9078.0155. REFUNDING BONDS
CHAPTER 9078. FANNIN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9078.0001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "District" means the Fannin County Water Control
and Improvement District No. 1. (Acts 57th Leg., R.S., Ch. 65, Sec.
1 (part); New.)
Sec. 9078.0002. NATURE OF DISTRICT. The district is a
conservation and reclamation district in Fannin County established
under Section 59, Article XVI, Texas Constitution. (Acts 57th Leg.,
R.S., Ch. 65, Sec. 1 (part); Acts 58th Leg., R.S., Ch. 275, Secs. 1
(part), 7 (part).)
Sec. 9078.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is essential to the accomplishment of the
preservation and conservation of the natural resources of the
state.
(b) All land and property in the district will benefit from
the improvements to be constructed, acquired, and operated by the
district and from the preservation and conservation of the natural
resources of the state.
(c) This chapter addresses a subject in which the state is
interested. (Acts 58th Leg., R.S., Ch. 275, Secs. 3 (part), 7
(part).)
Sec. 9078.0004. DISTRICT TERRITORY. The district is
composed of the territory described by metes and bounds in the
resolution and order of the commissioners court of Fannin County
creating the district, recorded in Volume 1, page 3, of the Water
Control Improvement District minutes of Fannin County, as that
territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code;
(2) Subchapter O, Chapter 51, Water Code; or
(3) other law. (Acts 57th Leg., R.S., Ch. 65, Sec. 1
(part); New.)
Sec. 9078.0005. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to effect its purposes. (Acts
58th Leg., R.S., Ch. 275, Sec. 7 (part).)
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9078.0051. GENERAL POWERS AND DUTIES. The district
may exercise the powers essential to the accomplishment of the
purposes of Section 59, Article XVI, Texas Constitution, and may
exercise the rights, powers, privileges, prerogatives, and
functions enumerated in or implied by that section, including those
listed in this subchapter. (Acts 57th Leg., R.S., Ch. 65, Sec. 2
(part); Acts 58th Leg., R.S., Ch. 275, Sec. 1 (part); New.)
Sec. 9078.0052. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS. The district has the rights, powers, privileges, and
functions provided by general law applicable to a water control and
improvement district including Chapters 49 and 51, Water Code,
including the power to:
(1) construct, acquire, improve, maintain, and repair
a dam or other structure; and
(2) acquire land, easements, properties, or equipment
needed to use, control, and distribute water that may be impounded,
diverted, or controlled by the district. (Acts 57th Leg., R.S., Ch.
65, Sec. 2 (part); Acts 58th Leg., R.S., Ch. 275, Sec. 1 (part);
New.)
Sec. 9078.0053. CONTROL OF WATER AND FLOODWATER;
RECLAMATION. The district may:
(1) control, store, preserve, and distribute the water
and floodwater in the district for the irrigation of arid land,
conservation, preservation, reclamation, and drainage of land in
the district;
(2) carry out flood prevention measures to prevent
damage to land and property in the district; and
(3) reclaim lands damaged before April 10, 1961,
because of the prior failure to provide the facilities authorized
to be constructed under this chapter. (Acts 57th Leg., R.S., Ch. 65,
Sec. 2 (part).)
Sec. 9078.0054. COST OF RELOCATING OR ALTERING PROPERTY.
If the district's exercise of the power of eminent domain, the power
of relocation, or any other power granted under this chapter makes
necessary relocating, raising, rerouting, changing the grade of, or
altering the construction of, a highway, railroad, electric
transmission line, telephone or telegraph property or facility, or
pipeline, the necessary action shall be accomplished at the
district's sole expense. (Acts 57th Leg., R.S., Ch. 65, Sec. 2
(part).)
SUBCHAPTER C. TAXES
Sec. 9078.0101. IMPOSITION OF MAINTENANCE TAX; ELECTION
PROCEDURE. (a) If approved by a majority of the voters of the
district voting at an election called for that purpose, the
district may impose a maintenance tax for the purposes of:
(1) maintaining structures;
(2) securing and purchasing land rights;
(3) purchasing rights-of-way, including moving
utilities;
(4) administering contracts; and
(5) paying other general operating expenses.
(b) A maintenance tax election shall be called and notice
given in the same manner as for a bond election and may be held
simultaneously with a bond election.
(c) This chapter does not prevent the calling of a
subsequent maintenance tax election to establish or increase the
amount of tax if the board determines that a maintenance tax
election is required. (Acts 57th Leg., R.S., Ch. 65, Sec. 3
(part).)
Sec. 9078.0102. MAINTENANCE TAX RATE. In calling a
maintenance tax election, the board must specify the maximum
proposed tax rate. To impose a maintenance tax at a rate that
exceeds the maximum rate approved by the voters, the board must
submit the question of a tax rate increase to the voters. (Acts
57th Leg., R.S., Ch. 65, Sec. 3 (part).)
Sec. 9078.0103. TAX METHOD. (a) The district shall use the
ad valorem plan of taxation.
(b) The district is not required to conduct a hearing on the
adoption of a plan of taxation. (Acts 58th Leg., R.S., Ch. 275,
Sec. 4.)
SUBCHAPTER D. BONDS
Sec. 9078.0151. DEFINITION OF NET REVENUES. In this
subchapter, "net revenues" or "net operating revenues" means all
income or increment from the ownership and operation of
improvements and facilities operated by the district, minus the
amount reasonably required to provide for the administration,
efficient operation, and adequate maintenance of the improvements
and facilities. The terms do not include money derived from
taxation. (Acts 58th Leg., R.S., Ch. 275, Sec. 5 (part).)
Sec. 9078.0152. AUTHORITY TO ISSUE BONDS. (a) The district
may issue bonds to:
(1) furnish land, easements, or permanent
improvements to land or easements;
(2) provide dams, structures, projects, and works of
improvement for flood prevention, including structural and land
treatment measures, and for agricultural phases of the
conservation, development, use, and disposal of water, and for
necessary facilities and equipment in connection therewith and for
the improvement, maintenance, and repair of the same; and
(3) exercise any other district power.
(b) Except as otherwise provided by this chapter, district
bonds must be authorized by a board resolution.
(c) District bonds may be secured by and payable wholly
from:
(1) ad valorem taxes;
(2) net operating revenues of the district, the net
revenues of any contract made, or other revenues as specified in the
resolution authorizing the issuance of the bonds; or
(3) any combination of ad valorem taxes and net
revenues as determined by the board.
(d) In a resolution authorizing the issuance of bonds
secured wholly or partly by district revenues, the board may
reserve the right under conditions specified in the resolution to
issue additional bonds on a parity with or subordinate to the bonds
being issued. (Acts 57th Leg., R.S., Ch. 65, Sec. 3 (part); Acts
58th Leg., R.S., Ch. 275, Sec. 5 (part); New.)
Sec. 9078.0153. SECURITY FOR REVENUE BONDS. For bonds
authorized to be issued that are secured by and payable wholly or
partly from net revenues, the board may mortgage and encumber:
(1) any part or all of the district's property and
facilities acquired or to be acquired;
(2) a franchise of or revenues from the operation of
the district's property and facilities acquired or to be acquired;
and
(3) anything pertaining to the district's property and
facilities acquired or to be acquired or the operation of the
district's property or facilities. (Acts 58th Leg., R.S., Ch. 275,
Sec. 5 (part).)
Sec. 9078.0154. BOND ELECTION REQUIRED. (a) Bonds, other
than refunding bonds, may not be issued unless approved by the
voters of the district as provided by general law.
(b) If a proposition submitted at an election is defeated,
another election may be held in the district to vote on the same or a
similar proposition at a time determined by the board.
(c) The board may call an election under this section
without a petition. The resolution calling the election must
specify:
(1) the time and place at which the election will be
held;
(2) the purpose for which the bonds will be issued;
(3) the maximum maturity date and maximum interest
rate of the bonds;
(4) the form of the ballot; and
(5) the presiding judge for each voting place.
(d) Notice of the election must be given by publishing a
substantial copy of the resolution calling the election in a
newspaper of general circulation in the district. The notice must
be published once each week for two consecutive weeks. The first
publication must be not later than the 14th day before the date of
the election. (Acts 58th Leg., R.S., Ch. 275, Sec. 5 (part).)
Sec. 9078.0155. REFUNDING BONDS. (a) The district may
issue refunding bonds to refund outstanding district bonds and
interest on those bonds.
(b) Bonds issued to refund revenue-supported bonds may:
(1) be issued to refund bonds of more than one series;
(2) combine the pledges for the outstanding bonds for
the security of the refunding bonds; and
(3) be secured by other or additional revenues.
(c) The comptroller shall register the refunding bonds on
surrender and cancellation of the bonds to be refunded.
(d) Instead of issuing refunding bonds to be registered on
the surrender and cancellation of the bonds to be refunded as
provided by Subsection (c), the district, in the resolution
authorizing the issuance of the refunding bonds, may provide for
the sale of the refunding bonds and the deposit of the proceeds in a
bank at which the bonds to be refunded are payable. In that case,
the refunding bonds may be issued in an amount sufficient to pay the
principal of and interest on the bonds to be refunded to their
option date or maturity date, and the comptroller shall register
the refunding bonds without the surrender and cancellation of the
bonds to be refunded. (Acts 58th Leg., R.S., Ch. 275, Sec. 5 (part).)
CHAPTER 9079. FORT HANCOCK WATER CONTROL AND IMPROVEMENT DISTRICT
OF HUDSPETH COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9079.0001. DEFINITIONS
Sec. 9079.0002. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 9079.0003. DISTRICT TERRITORY
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9079.0051. NOTICE OF DIRECTORS' ELECTION
Sec. 9079.0052. DIRECTOR'S BOND
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9079.0101. GENERAL POWERS AND DUTIES
Sec. 9079.0102. COST OF RELOCATING OR ALTERING
PROPERTY
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9079.0151. TAX METHOD
SUBCHAPTER E. BONDS
Sec. 9079.0201. AUTHORITY TO ISSUE BONDS
Sec. 9079.0202. NOTICE OF BOND ELECTION
CHAPTER 9079. FORT HANCOCK WATER CONTROL AND IMPROVEMENT DISTRICT
OF HUDSPETH COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9079.0001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Fort Hancock Water Control
and Improvement District of Hudspeth County, Texas. (Acts 57th
Leg., R.S., Ch. 78, Sec. 3; New.)
Sec. 9079.0002. FINDINGS OF PUBLIC USE AND BENEFIT. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 57th Leg., R.S., Ch. 78, Sec. 9.)
Sec. 9079.0003. DISTRICT TERRITORY. The district is
composed of the territory described by Section 5, Chapter 78, Acts
of the 57th Legislature, Regular Session, 1961, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code;
(2) Subchapter O, Chapter 51, Water Code; or
(3) other law. (New.)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9079.0051. NOTICE OF DIRECTORS' ELECTION. Notice of a
directors' election shall be posted in three or more public places
in the district for at least 14 days before the date of the
election. (Acts 57th Leg., R.S., Ch. 78, Sec. 4 (part).)
Sec. 9079.0052. DIRECTOR'S BOND. Each director shall give
bond in the amount of $1,000 for the faithful performance of the
director's duties. (Acts 57th Leg., R.S., Ch. 78, Sec. 4 (part).)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9079.0101. GENERAL POWERS AND DUTIES. The district
has the rights, powers, privileges, and duties provided by general
law applicable to a water control and improvement district created
under Section 59, Article XVI, Texas Constitution, including
Chapters 49 and 51, Water Code. (Acts 57th Leg., R.S., Ch. 78, Sec.
10 (part).)
Sec. 9079.0102. COST OF RELOCATING OR ALTERING PROPERTY.
If the district's exercise of a power granted under this chapter
makes necessary relocating, raising, rerouting, changing the grade
of, or altering the construction of a highway, railroad, electric
transmission line, telephone or telegraph property or facility, or
pipeline, the necessary action shall be accomplished at the sole
expense of the district. (Acts 57th Leg., R.S., Ch. 78, Sec. 9a.)
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9079.0151. TAX METHOD. (a) The district shall use the
ad valorem plan of taxation, and taxes levied by the district must
be on the ad valorem basis.
(b) A hearing on a plan of taxation is not required. (Acts
57th Leg., R.S., Ch. 78, Sec. 8.)
SUBCHAPTER E. BONDS
Sec. 9079.0201. AUTHORITY TO ISSUE BONDS. (a) The district
may issue bonds if authorized by a majority of district voters
voting at an election held for that purpose.
(b) The district may issue bonds for any purpose permitted
to a water control and improvement district. (Acts 57th Leg., R.S.,
Ch. 78, Sec. 6 (part).)
Sec. 9079.0202. NOTICE OF BOND ELECTION. Notice of a bond
election must be posted at three public places in the district for
at least 14 days before the date of the election. (Acts 57th Leg., R.S., Ch. 78, Sec. 6 (part).)
CHAPTER 9080. HALL AND DONLEY COUNTIES WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF HALL AND DONLEY COUNTIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9080.0001. DEFINITION
Sec. 9080.0002. NATURE OF DISTRICT
Sec. 9080.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT
Sec. 9080.0004. DISTRICT TERRITORY
Sec. 9080.0005. LIBERAL CONSTRUCTION OF CHAPTER
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9080.0051. COMPOSITION OF BOARD
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9080.0101. GENERAL POWERS
Sec. 9080.0102. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9080.0151. TAX METHOD
CHAPTER 9080. HALL AND DONLEY COUNTIES WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF HALL AND DONLEY COUNTIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9080.0001. DEFINITION. In this chapter, "district"
means the Hall and Donley Counties Water Control and Improvement
District No. 1 of Hall and Donley Counties. (Acts 56th Leg., R.S.,
Ch. 424, Sec. 1 (part); Acts 59th Leg., R.S., Ch. 189, Sec. 1
(part); New.)
Sec. 9080.0002. NATURE OF DISTRICT. The district is a
conservation and reclamation district established under Section
59, Article XVI, Texas Constitution. (Acts 56th Leg., R.S.,
Ch. 424, Sec. 1 (part); Acts 59th Leg., R.S., Ch. 189, Sec. 1
(part).)
Sec. 9080.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is essential to the accomplishment of the
preservation and conservation of the natural resources of this
state.
(b) All land and other property in the district will benefit
from the district and the district's improvements and from the
preservation and conservation of the natural resources of this
state.
(c) This chapter addresses a subject in which the state is
interested. (Acts 56th Leg., R.S., Ch. 424, Sec. 7 (part); Acts
59th Leg., R.S., Ch. 189, Secs. 2 (part), 7 (part).)
Sec. 9080.0004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 189, Acts
of the 59th Legislature, Regular Session, 1965, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code;
(2) Subchapter O, Chapter 51, Water Code; or
(3) other law.
(b) The district includes all land and property in the
district's territory. (Acts 59th Leg., R.S., Ch. 189, Sec. 2
(part); New.)
Sec. 9080.0005. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to effect the purpose and
objectives stated in this chapter. (Acts 56th Leg., R.S., Ch. 424,
Sec. 7 (part); Acts 59th Leg., R.S., Ch. 189, Sec. 7 (part).)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9080.0051. COMPOSITION OF BOARD. The district's board
of directors is composed of five elected directors. (New.)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9080.0101. GENERAL POWERS. The district may exercise
the powers essential to the accomplishment of the purposes of
Section 59, Article XVI, Texas Constitution, and may exercise the
rights, powers, privileges, and functions implied by that section.
(Acts 56th Leg., R.S., Ch. 424, Sec. 1 (part); Acts 59th Leg.,
R.S., Ch. 189, Sec. 1 (part).)
Sec. 9080.0102. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS. The district has the rights, powers, privileges, and
functions provided by general law applicable to a water control and
improvement district, including Chapters 49 and 51, Water Code.
(Acts 56th Leg., R.S., Ch. 424, Sec. 1 (part); Acts 59th Leg.,
R.S., Ch. 189, Sec. 1 (part).)
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9080.0151. TAX METHOD. (a) The district shall use the
ad valorem plan of taxation.
(b) The district is not required to have a hearing on the
plan of taxation. (Acts 56th Leg., R.S., Ch. 424, Sec. 5; Acts 59th Leg., R.S., Ch. 189, Sec. 5.)
CHAPTER 9083. HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9083.0001. DEFINITION
Sec. 9083.0002. NATURE OF DISTRICT
Sec. 9083.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT
Sec. 9083.0004. DISTRICT TERRITORY
Sec. 9083.0005. LIBERAL CONSTRUCTION OF CHAPTER
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9083.0051. COMPOSITION OF BOARD
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9083.0101. GENERAL POWERS
Sec. 9083.0102. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9083.0151. TAX METHOD
CHAPTER 9083. HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9083.0001. DEFINITION. In this chapter, "district"
means the Hudspeth County Water Control and Improvement District
No. 1. (Acts 56th Leg., R.S., Ch. 299, Sec. 1 (part); New.)
Sec. 9083.0002. NATURE OF DISTRICT. The district is a
conservation and reclamation district established under Section
59, Article XVI, Texas Constitution. (Acts 56th Leg., R.S., Ch.
299, Secs. 1 (part), 7 (part).)
Sec. 9083.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is essential to the accomplishment of the
preservation and conservation of the natural resources of the
state.
(b) All land and other property included in the district
will benefit from the district, the district's improvements, and
the purposes for which the district is created.
(c) This chapter addresses a subject in which the state is
interested. (Acts 56th Leg., R.S., Ch. 299, Secs. 2 (part), 7
(part).)
Sec. 9083.0004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 299, Acts
of the 56th Legislature, Regular Session, 1959, as that territory
may have been modified under:
(1) Subchapter J, Chapter 49, Water Code;
(2) Subchapter O, Chapter 51, Water Code; or
(3) other law.
(b) The district shall include all land and property in the
district's territory. (Acts 56th Leg., R.S., Ch. 299, Sec. 2
(part); New.)
Sec. 9083.0005. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to effect its purposes. (Acts
56th Leg., R.S., Ch. 299, Sec. 7 (part).)
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9083.0051. COMPOSITION OF BOARD. The board of
directors is composed of five elected directors. (New.)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9083.0101. GENERAL POWERS. The district may exercise
the powers essential to the accomplishment of the purposes of
Section 59, Article XVI, Texas Constitution, and may exercise the
rights, powers, privileges, and functions implied by that section.
(Acts 56th Leg., R.S., Ch. 299, Sec. 1 (part).)
Sec. 9083.0102. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS. The district has the rights, powers, privileges, and
functions provided by general law applicable to a water control and
improvement district, including Chapters 49 and 51, Water Code.
(Acts 56th Leg., R.S., Ch. 299, Sec. 1 (part); New.)
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9083.0151. TAX METHOD. (a) Taxes imposed by the
district shall be on the ad valorem basis.
(b) The district is not required to hold a hearing on the
plan of taxation. (Acts 56th Leg., R.S., Ch. 299, Sec. 5.)
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. SABINE PASS PORT AUTHORITY. Section 1,
Chapter 379, Acts of the 63rd Legislature, Regular Session, 1973,
is amended to read as follows:
Sec. 1. [There is hereby created, in addition to the
districts into which the state has heretofore been divided, a port
district to be known as the Sabine Pass Port Authority, with
boundaries as hereinafter set out. Such district shall be and is
hereby declared to be a governmental agency and body politic and
corporate with the powers of government and with the authority to
exercise the rights, privileges, and functions hereinafter
specified, and the creation of such district is hereby determined
to be essential to the accomplishment of the purposes of Article
XVI, Section 59, of the Texas Constitution.]
The boundaries of the Sabine Pass Port Authority [district]
shall be the boundaries of the Sabine Pass Independent School
District in Jefferson County, Texas, as the same exist on the date
of passage of this Act, excluding that portion which is located
within the Port of Port Arthur Navigation District of Jefferson
County, Texas, and in addition thereto the district's boundaries
shall include the contiguous territory described by metes and
bounds as follows:
A 54.9 acre tract of land out of a part of the T. & N. O. Survey 122,
Abst. 486--the T. & N. O. Survey 123, Abst. 251 and the South John
Bennett Abst. 71, said tract described by metes and bounds as
follows to:wit:
Commencing at a concrete monument the Northeast corner of the T. &
N. O. Survey 123, Abst. 251 and being in the West line of the South
John Bennett Survey;
THENCE, South 00 deg. 01 min. 30 sec. East, along said West line of
the South John Bennett Survey, a distance of 465.15 feet to a point
for turn in the East right-of-way line of State Highway 87;
THENCE, North 18 deg. 45 min. 00 sec. West, along said East
right-of-way line, a distance of 35.28 feet to point for corner and
point of beginning of the tract herein below described;
THENCE, South 18 deg. 45 min. 00 sec. East, along said East
right-of-way line, a distance of 3566.03 feet to point for corner;
THENCE, South 18 deg. 36 min. 41 sec. East, along said East
right-of-way line, a distance of 5887.34 feet to point for corner in
the East extension of the South line of the South John Bennett
Survey;
THENCE, East, along said extension a distance of 52.0 feet to point
for corner in the West descending bank of the Port Arthur Ship
Channel;
THENCE, along the meanders of said channel the following courses
and distances:
North 12 deg. 29 min. 13 sec. West - 25.22 feet
North 58 deg. 00 min. 21 sec. West - 53.14 feet
North 13 deg. 25 min. 29 sec. West - 67.46 feet
North 70 deg. 50 min. 37 sec. West - 29.03 feet
North 20 deg. 54 min. 40 sec. West - 135.07 feet
North 11 deg. 53 min. 52 sec. West - 50.07 feet
South 82 deg. 13 min. 51 sec. East - 26.83 feet
North 10 deg. 46 min. 30 sec. West - 83.98 feet
North 20 deg. 17 min. 36 sec. West - 32.81 feet
North 17 deg. 31 min. 26 sec. East - 36.91 feet
North 19 deg. 17 min. 39 sec. West - 96.68 feet
North 24 deg. 35 min. 12 sec. West - 97.29 feet
North 16 deg. 43 min. 29 sec. West - 187.62 feet
North 38 deg. 40 min. 03 sec. West - 34.18 feet
North 00 deg. 49 min. 01 sec. West - 63.85 feet
North 08 deg. 56 min. 23 sec. West - 105.15 feet
North 18 deg. 31 min. 31 sec. West - 247.14 feet
North 49 deg. 47 min. 19 sec. West - 50.88 feet
North 14 deg. 48 min. 55 sec. West - 170.74 feet
North 24 deg. 51 min. 34 sec. East - 27.70 feet
North 23 deg. 03 min. 20 sec. West - 170.02 feet
North 35 deg. 47 min. 26 sec. West - 240.07 feet
North 15 deg. 49 min. 10 sec. West - 439.73 feet
North 13 deg. 06 min. 54 sec. West - 61.50 feet
North 03 deg. 06 min. 24 sec. West - 71.50 feet
North 11 deg. 14 min. 39 sec. West - 99.95 feet
North 39 deg. 20 min. 33 sec. East - 25.42 feet
North 14 deg. 25 min. 54 sec. West - 64.56 feet
North 12 deg. 46 min. 36 sec. East - 92.92 feet
North 19 deg. 15 min. 15 sec. West - 154.25 feet
North 22 deg. 08 min. 11 sec. West - 143.13 feet
North 24 deg. 08 min. 29 sec. West - 81.13 feet
North 22 deg. 20 min. 12 sec. West - 113.11 feet
North 02 deg. 25 min. 40 sec. East - 44.48 feet
North 23 deg. 53 min. 14 sec. West - 260.36 feet
North 22 deg. 31 min. 29 sec. West - 53.69 feet
North 14 deg. 26 min. 06 sec. East - 93.32 feet
North 38 deg. 26 min. 36 sec. West - 67.01 feet
North 14 deg. 47 min. 13 sec. West - 290.60 feet
North 60 deg. 26 min. 29 sec. West - 102.43 feet
North 21 deg. 17 min. 48 sec. East - 57.69 feet
South 70 deg. 26 min. 39 sec. East - 50.50 feet
North 27 deg. 56 min. 05 sec. East - 76.38 feet
North 08 deg. 40 min. 00 sec. West - 165.74 feet
North 15 deg. 59 min. 03 sec. West - 557.03 feet
North 09 deg. 09 min. 41 sec. West - 140.32 feet
North 21 deg. 31 min. 38 sec. West - 265.07 feet
North 43 deg. 13 min. 40 sec. West - 74.36 feet
South 80 deg. 03 min. 11 sec. East - 35.00 feet
North 27 deg. 11 min. 50 sec. West - 31.31 feet
North 29 deg. 12 min. 57 sec. West - 168.90 feet
North 06 deg. 56 min. 37 sec. East - 43.73 feet
North 30 deg. 39 min. 39 sec. West - 27.47 feet
North 40 deg. 01 min. 39 sec. West - 53.48 feet
North 50 deg. 59 min. 55 sec. West - 24.28 feet
North 54 deg. 50 min. 38 sec. East - 28.25 feet
North 33 deg. 25 min. 59 sec. West - 57.24 feet
North 64 deg. 12 min. 29 sec. West - 17.78 feet
North 10 deg. 44 min. 19 sec. East - 19.22 feet
North 28 deg. 27 min. 56 sec. West - 129.86 feet
North 39 deg. 11 min. 03 sec. East - 37.37 feet
North 02 deg. 04 min. 19 sec. East - 50.32 feet
North 10 deg. 09 min. 16 sec. West - 43.14 feet
North 22 deg. 20 min. 17 sec. West - 113.64 feet
North 53 deg. 13 min. 21 sec. East - 6.41 feet
North 26 deg. 37 min. 03 sec. West - 92.92 feet
North 13 deg. 14 min. 17 sec. West - 80.58 feet
North 19 deg. 41 min. 27 sec. West - 127.44 feet
North 27 deg. 21 min. 20 sec. West - 54.28 feet
South 47 deg. 29 min. 00 sec. West - 45.38 feet
South 09 deg. 30 min. 48 sec. East - 65.88 feet
South 20 deg. 15 min. 16 sec. West - 38.15 feet
North 87 deg. 42 min. 30 sec. West - 78.97 feet
North 25 deg. 58 min. 13 sec. West - 140.09 feet
North 19 deg. 47 min. 05 sec. West - 55.38 feet
North 70 deg. 01 min. 10 sec. West - 30.31 feet
North 49 deg. 49 min. 07 sec. East - 16.98 feet
North 18 deg. 47 min. 58 sec. East - 16.29 feet
North 12 deg. 41 min. 54 sec. West - 57.60 feet
North 40 deg. 14 min. 57 sec. East - 26.69 feet
North 75 deg. 52 min. 27 sec. West - 139.07 feet
North 36 deg. 55 min. 56 sec. West - 41.26 feet
South 82 deg. 08 min. 20 sec. East - 131.62 feet
North 24 deg. 39 min. 59 sec. West - 14.94 feet
North 55 deg. 13 min. 44 sec. East - 74.28 feet
South 48 deg. 57 min. 32 sec. East - 54.17 feet
North 58 deg. 32 min. 41 sec. East - 49.23 feet
North 24 deg. 34 min. 59 sec. East - 99.44 feet
North 46 deg. 00 min. 10 sec. West - 118.53 feet
North 06 deg. 03 min. 23 sec. West - 42.94 feet
North 42 deg. 29 min. 08 sec. West - 37.02 feet
North 47 deg. 31 min. 18 sec. East - 38.35 feet
North 69 deg. 57 min. 31 sec. West - 84.03 feet
North 39 deg. 20 min. 52 sec. West - 68.33 feet
North 23 deg. 24 min. 48 sec. West - 99.65 feet
North 14 deg. 27 min. 54 sec. West - 95.18 feet
North 02 deg. 30 min. 54 sec. East - 43.76 feet
North 34 deg. 28 min. 08 sec. West - 74.06 feet
North 14 deg. 22 min. 24 sec. West - 113.03 feet
North 49 deg. 49 min. 15 sec. East - 112.31 feet
North 20 deg. 04 min. 24 sec. West - 48.47 feet
North 83 deg. 20 min. 51 sec. West - 86.10 feet
North 26 deg. 04 min. 10 sec. West - 96.87 feet
North 09 deg. 11 min. 19 sec. West - 142.12 feet
North 67 deg. 36 min. 42 sec. East - 56.32 feet
North 30 deg. 49 min. 30 sec. East - 22.41 feet
North 22 deg. 47 min. 30 sec. West - 56.02 feet
North 13 deg. 56 min. 26 sec. West - 149.00 feet
North 18 deg. 02 min. 09 sec. West - 97.79 feet
North 53 deg. 50 min. 52 sec. West - 37.14 feet
North 22 deg. 15 min. 45 sec. East - 36.87 feet
North 23 deg. 42 min. 04 sec. West - 112.20 feet
North 09 deg. 30 min. 08 sec. West - 81.96 feet
North 18 deg. 58 min. 50 sec. West - 121.30 feet
North 38 deg. 00 min. 15 sec. West - 92.06 feet
North 24 deg. 38 min. 28 sec. West - 98.60 feet
North 00 deg. 34 min. 55 sec. West - 81.10 feet
North 19 deg. 00 min. 48 sec. West - 45.20 feet
North 56 deg. 21 min. 41 sec. East - 40.23 feet
North 48 deg. 14 min. 01 sec. West - 121.82 feet
North 31 deg. 30 min. 37 sec. West - 101.56 feet
North 07 deg. 43 min. 43 sec. West - 56.02 feet
North 14 deg. 46 min. 25 sec. East - 110.59 feet
North 32 deg. 20 min. 10 sec. West - 164.56 feet
North 02 deg. 36 min. 08 sec. West - 125.06 feet
North 27 deg. 24 min. 24 sec. West - 190.99 feet
North 01 deg. 12 min. 39 sec. West - 208.43 feet
North 57 deg. 21 min. 52 sec. West - 48.85 feet
North 01 deg. 30 min. 24 sec. West - 95.75 feet
North 40 deg. 07 min. 50 sec. West - 120.96 feet
North 17 deg. 51 min. 18 sec. East - 112.64 feet
North 63 deg. 12 min. 10 sec. West - 79.11 feet
North 17 deg. 05 min. 44 sec. West - 103.72 feet
North 28 deg. 18 min. 35 sec. East - 87.72 feet
North 16 deg. 40 min. 55 sec. West - 114.30 feet
North 24 deg. 51 min. 25 sec. West - 187.74 feet
North 14 deg. 12 min. 51 sec. East - 135.72 feet
North 62 deg. 31 min. 22 sec. West - 52.58 feet
North 18 deg. 51 min. 09 sec. West - 182.43 feet
North 07 deg. 40 min. 03 sec. East - 102.05 feet
North 27 deg. 21 min. 32 sec. West - 145.37 feet
North 30 deg. 57 min. 39 sec. West - 440.35 feet
South 04 deg. 36 min. 36 sec. East - 252.07 feet
North 89 deg. 20 min. 59 sec. West - 109.06 feet
South 42 deg. 59 min. 36 sec. West - 31.24 feet
North 60 deg. 39 min. 10 sec. West - 21.15 feet
North 85 deg. 25 min. 11 sec. West - 60.71 feet
North 74 deg. 59 min. 11 sec. West - 31.90 feet
South 11 deg. 23 min. 33 sec. East - 62.31 feet
South 50 deg. 34 min. 39 sec. West - 55.70 feet
South 18 deg. 45 min. 00 sec. East - 1430.87 feet
South 27 deg. 20 min. 30 sec. East - 572.29 feet
South 25 deg. 39 min. 30 sec. West - 122.18 feet to the point
of beginning. The tract of land herein above described contains
54.9 acres of land, more or less.
[It is hereby found that all territory within the boundaries of the
Sabine Pass Port Authority as enlarged is and will be benefited by
the present and contemplated improvements, works, and facilities of
said authority. Further, the governing body of said authority is
authorized to call an election or elections over the entire
authority as enlarged for the purpose of determining (1) whether
the entire authority as enlarged shall assume the tax-supported
bonds of the authority then outstanding and whether an ad valorem
tax shall be levied on all taxable property within the authority as
enlarged for the payment thereof, and (2) whether an ad valorem
maintenance tax (for the maintenance, operation, and upkeep of the
authority and its facilities), in such amount as is specified by the
governing body of the authority, shall be levied on all taxable
property within the authority as enlarged. Said election or
elections shall be called and held, and notice thereof given, in the
same manner (to the extent pertinent) as elections for the issuance
of tax-supported bonds as provided in this Act, and if either or
both of such propositions should carry, the governing body of the
authority shall be authorized to levy and collect such bond tax
and/or maintenance tax as voted.]
SECTION 2.02. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO.
319. Section 3, Chapter 787, Acts of the 69th Legislature, Regular
Session, 1985, is amended to read as follows:
Sec. 3. BOUNDARIES. The Harris County Municipal Utility
District No. 319 [district] shall include all of the territory
contained within the following described area: Being a tract or
parcel containing 237.9940 acres of land in the William McCann
Survey, Abstract 585, Harris County, Texas, said 237.9940 acre
tract being more particularly described as follows:
COMMENCING for reference at the intersection of the east
right-of-way (R.O.W.) line of Becker Road, 60.00 feet wide, and the
southerly line of said William McCann Survey, Abstract 585;
THENCE, along the east R.O.W. line of said Becker Road the following
courses and distances:
North 00°51'06" West, 700.00 feet to the POINT OF BEGINNING
and the southwest corner of the herein described tract; North
00°51'06" West, 2641.14 feet to a point at the beginning of a curve;
143.75 feet along the arc of a curve to the right, having a central
angle of 28°45'00", a radius of 286.48 feet and a chord which bears
North 13°31'24" East, 142.25 feet to a point at the end of said
curve; North 27°53'54" East, 203.27 feet to a point for the
northwest corner of the herein described tract in the north line of
the aforementioned William McCann Survey;
THENCE, along the north line of said William McCann Survey and the
south line of the Harris County School Land Survey, Abstract 333,
North 89°25'55" East, 3926.28 feet to a point for the northeast
corner of the herein described tract;
THENCE, departing said survey line, South 01°00'00" East, 1492.66
feet to a point for corner;
THENCE, South 89°00'00" West, 665.66 feet to a point at the
beginning of a curve;
THENCE, 1916.28 feet along the arc of a curve to the left, having a
central angle of 87°50'10", a radius of 1250.00 feet and a chord
which bears South 45°04'55" West, 1734.07 feet to a point at the end
of said curve;
THENCE, South 01°09'50" West, 502.49 feet to a point at the
beginning of a curve;
THENCE, 484.78 feet along the arc of a curve to the right, having a
central angle of 22°13'15", a radius of 1250.00 feet and a chord
which bears South 12°16'28" West, 481.75 feet to a point at the end
of said curve;
THENCE, South 23°23'05" West, 150.00 feet to a point for the
southeast corner of the herein described tract;
THENCE, North 66°36'55" West, 428.18 feet to a point at the
beginning of a curve;
THENCE, 447.69 feet along the arc of a curve to the right, having a
central angle of 12°49'31", a radius of 2000.00 feet and a chord
which bears North 60°12'09" West, 446.75 feet to a point at the end
of said curve;
THENCE, North 53°47'24" West, 109.55 feet to a point at the
beginning of a curve;
THENCE, 1188.98 feet along the arc of a curve to the left, having a
central angle of 34°03'42", a radius of 2000.00 feet and a chord
which bears North 70°49'15" West, 1171.55 feet to the POINT OF
BEGINNING and containing 237.9940 acres of land.
SECTION 2.03. POLK COUNTY FRESH WATER SUPPLY DISTRICT NO.
2. Section 3, Chapter 814, Acts of the 75th Legislature, Regular
Session, 1997, is amended to read as follows:
Sec. 3. BOUNDARIES. The boundaries of Polk County Fresh
Water Supply District No. 2 are hereby confirmed as follows:
BEGINNING at a point in the A.M. De La Jarza Survey A-43 on the
shoreline of Lake Livingston, said point having a Stato Plane
co-ordinate of Y=459,067.61, X=3,631,144.58;
THENCE, N 57° 51' 38" E, a distance to a point intersecting the west
boundary line of the 695.13 acre tract described in the deed te
James A. McAlister, Trustee for 711 LTD recorded in Volume 279,
Page 892, of the Polk County Deed Records;
THENCE, along the boundary line of the said McAlister 695.13 acre
tract, (more particularly described in the Deed of Trust Records,
Volume 104, Page 226-234 of Polk County Records) being the boundary
line of the Polk County Fresh Water Supply District No. 2 as amended
according to the Minutes of the Annexation Meeting of December 15,
1981, of Polk County Fresh Wator Supply District No. 2, in a
clockwise direction for several courses to it's intersection with
the Trinity River Authority Lake Livingston "Fee Take" line, being
the Northeast corner of the original Polk County Fresh Water Supply
District No. 2 boundary as set forth in that certain Polk County
Commissioners Court Minutes dated January 26, 1976, and recorded in
Volume 22, Page 11-15 of the Records of Polk County, Texas; said
point having a State Plane co-ordinate of Y=469,284.55,
X=3,647,407.03;
THENCE, in a southerly direction with the meanders of the "Fee Take"
line of Lake Livingston around a peninsula commonly called the
Onalaska Peninsula to the point of beginning, the above to exclude
the Area dedicated and named Stowaway Bay as described in tbe Plat
Records of Polk County, Texas, and also excludes the Area dedicated
and named Canyon Park as described in the Plat Records of Polk
County, Texas, with the exception of those certain partials of land
located in the Canyon Park Subdivision and located along and
adjacent to FM 356, North Highway and described as:
Section 4, Lot 11, as described in the Plat Records Book 7,
Page 27 of Polk County, Texas; and
Section 2, Lot 13; and Section 2, Lots 14, 15, and 16 as
described in the Plat Records Book 7, Page 2 of Polk County, Texas,
which shall be included within the boundaries of the Polk County
Fresh Water Supply District No. 2
all of the foregoing land being encompassed within the
boundaries of Polk County Fresh Water Supply District No. 2.
[This confirmation of boundaries does not enlarge or diminish the
district as it exists and includes tbe property in the district that
is being served or taxed on September 1, 1997.]
SECTION 2.04. FORT BEND COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 2. Section 1, Chapter 312, Acts of the
57th Legislature, Regular Session, 1961, is amended to read as
follows:
Sec. 1. The boundaries of the Fort Bend County Water Control
and Improvement District No. 2 are [That Fort Bend County Water
Control and Improvement District No. 2, lying in Fort Bend and
Harris Counties, Texas, hereinafter sometimes referred to as
"District," shall be enlarged, and the boundaries of such District,
as enlarged, shall hereafter be defined] as follows:
BEGINNING at the point of intersection of the Northwest line
of Section 8, B.B.B. & C. Railroad Co. Survey and the Fort
Bend-Harris County line;
THENCE Northwesterly (from said point of intersection of said
Northwest line of Section 8, B.B.B. & C. Railroad Co. Survey and the
Fort Bend-Harris County line), along the Fort Bend-Harris County
line to the point of intersection of said Fort Bend-Harris County
line with the center line of a public road running through Section
7, B.B.B. & C. Railroad Co. Survey, along the division line between
the Southwest one-half and the Northeast one-half of said Section
7, B.B.B. & C. Railroad Co. Survey, for a corner;
THENCE Northwest along the centerline of said public road to
its intersection with the centerline of the Stafford-Bellaire Road,
which point is in the Northwest line of Section 7, B.B.B. & C.
Railroad Co. Survey, for a corner;
THENCE in a Northwesterly direction to the Northeast corner
of Missouri City Estates Subdivision, which point is in the South
line of Section 4, H.T. & B. Railroad Co. Survey, for a corner;
THENCE West, 1,107.3 feet along the North line of Missouri
City Estates Subdivision and the South line of Section 4, H.T. & B.
Railroad Co. Survey to the Northwest corner of Missouri City
Estates Subdivision, for a corner;
THENCE South along the West line of Missouri City Estates
Subdivision and its extension Southerly to a point in the
centerline of Mula Road, for a corner;
THENCE in a Westerly direction along the centerline of Mula
Road to its intersection with the centerline of Murphy Road;
THENCE generally in a Southerly direction in a straight line
to the Northeast corner of the William Stafford League;
THENCE West along the North line of the William Stafford
League to a point in the centerline of Lester Road, for a corner;
THENCE Southerly with the centerline of Lester Road to the
Northeast corner of an 80 acre tract described in deed from
Sugarland Industries, Inc. to Fort Bend Independent School District
and recorded in Volume 399, Pages 433 thru 438 of the Deed Records
of Fort Bend County, Texas which corner is South 0 degrees 19
minutes West 1,421.4 feet, measured along said centerline of Lester
Road, from the centerline of the G.H. & S.A. Railway, for a corner;
THENCE North 89 degrees 41 minutes West, along the North line
of said 80 acre tract, 1,291.36 feet to its Northwest corner, for a
corner;
THENCE South 0 degrees 19 minutes West, along the West line of
said 80 acre tract, 2,698.55 feet to its Southwest corner, for a
corner;
THENCE South 89 degrees 41 minutes East, along the South line
of said 80 acre tract, 1,291.36 feet to its Southeast corner, in the
centerline of Lester Road, for a corner;
THENCE Southerly with the centerline of Lester Road, at
3,007.7 feet pass the Northeast corner of the Riverbend Country
Club's 165.0 acre tract and continuing with the centerline of
Lester Road to a point in the North right-of-way line of the
American Canal Co. property, for a corner;
THENCE East Southeasterly along the North line of the
American Canal Co. property to its intersection with the Southeast
right-of-way line of Avenue E;
(15) THENCE in a Northeasterly direction along the
Southeast right-of-way line of Avenue E to its intersection with
the centerline of Murphy Road, which point of intersection is in the
East line of the William Stafford League, for a corner;
THENCE in an East Southeasterly direction in a straight line
to a point at the intersection of the centerline of a road running
in a Southerly direction from the Stafford-Blue Ridge Road to the
Stafford Run Creek and a line 500 feet Southwest of and parallel
with the Southwest boundary line of the F. P. Hoffman Survey, for a
corner;
THENCE South 45 degrees East 500 feet from and parallel to
said Southwest boundary line of said F. P. Hoffman Survey to a point
in the M. Johnson 4.8 acre tract, which point is South 45 degrees
West 500 feet from the Southwest boundary line of said F. P. Hoffman
Survey and in the extended Southeast boundary line of the L. Ross
18.4 acre tract, for a corner;
THENCE South 45 degrees West to an intersection with the
Northeast right-of-way line of the American Canal Co. property;
THENCE in a generally Southeasterly and Southerly direction
with the Northeast and East right-of-way line of said American
Canal Co. property to its intersection with the South line of the
Wm. Neel Survey, for a corner;
THENCE East along the South line of the William Neel Survey to
its most Easterly corner, same being in a Southwest line of the I. &
G.N. Railroad Co. Survey, Abstract 264, for a corner;
THENCE Northwest along the common line of the William Neel
Survey and the I. & G.N. Railroad Co. Survey, Abstract 264, to the
South corner of the I. & G.N. Railroad Co. Survey, Abstract 360, for
a corner;
THENCE Northeast along the Southeast line of the I. & G.N.
Railroad Co. Survey, Abstract 360, to its East corner, for a corner;
THENCE Northwest along the Northeast line of the
I. & G.N. Railroad Co. Survey, Abstract 360, to the South corner,
Section 9, B.B.B. & C. Railroad Co. Survey, for a corner;
THENCE Northeast along the Southeast line of Sections 9 & 8,
B.B.B. & C. Railroad Co. Surveys to the point of the intersection of
the Southeast line of said Section 8, B.B.B. & C. Railroad Co.
Survey with the Fort Bend-Harris County line, for a corner;
THENCE Northwesterly along the Fort Bend-Harris County line
to the point of intersection with the Northwest line of Section 8,
B.B.B. & C. Railroad Co. Survey, the point and place of BEGINNING.
SECTION 2.05. HALL AND DONLEY COUNTIES WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF HALL AND DONLEY COUNTIES. Section 2,
Chapter 189, Acts of the 59th Legislature, Regular Session, 1965,
is amended to read as follows:
Sec. 2. The boundaries of the Hall and Donley Counties Water
Control and Improvement District No. 1 of Hall and Donley Counties
are [said District heretofore and herein established] as follows:
BEGINNING at the common Southwest corner of Section 19 and
the Southeast corner of Section 20, both Sections being in Block 2,
of T. & P. R. R. Co. Survey in Hall County, Texas, the point of
beginning also being on the North bank of the Prairie Dog Town Fork
of Red River;
THENCE, North with the West line of said Section 19 and the
East line of said Section 20, Block 2, T. & P. R. R. Co. Survey, to
the South Bank of Mulberry Creek;
THENCE, in a Northwesterly direction with the South bank of
Mulberry Creek to its intersection with the common East line of
Briscoe County and the West line of Hall County;
THENCE, North with the said common County Lines to the North
line of Section 121, Block 2, T. & P. R. R. Co. Survey in Hall
County, Texas;
THENCE, East with the North line of said Section 121, Block 2,
T. & P. R. R. Co. Survey, to the common Northeast corner of said
Section 121 and the Southeast corner of Section 13, Block 2, J.
Poitevent Survey in Hall County, Texas;
THENCE, North with the East line of said Section 13, Block 2,
J. Poitevent Survey and crossing Section 1, Block 1, C. L. Benson
Survey and also crossing Section 5, Block X, W. H. Martin Survey to
a point of intersection with the South line of Section 6, Block B,
John G. Adair Survey. All of the above Surveys being in Hall County,
Texas;
THENCE, West with the South line of said Section 6, Block B,
John G. Adair Survey to the Southwest corner of said Section 6;
THENCE, North with the West line of Section 6, Block B, John
G. Adair Survey in Hall County, Texas, and the West line of Section
11, Block B, John G. Adair Survey in Hall and Donley Counties,
Texas, to the Northwest corner of said Section 11;
THENCE, West to the Southeast corner of Section 36, Block
G-7, Adair & Goodnight Survey in Donley County, Texas;
THENCE, North with the East line of said Section 36, Block
G-7, Adair & Goodnight Survey to the common Northwest corner of
Section 32, Block G-7, Adair & Goodnight Survey and the Southwest
corner of Section 33, Block G-7, Adair & Goodnight Survey in Donley
County, Texas;
THENCE, East with the South line of said Section 33, Block
G-7, Adair & Goodnight Survey to the Southeast corner of said
Section 33;
THENCE, North along the East line of said Section 33, Block
G-7, Adair & Goodnight Survey and the West line of Section 29, Block
G-7, Adair & Goodnight Survey in Donley County, Texas, to the
Northwest corner of said Section 29;
THENCE, East with the North line of said Section 29, Block
G-7, Adair & Goodnight Survey and across Section 68, W. M. Cross
Survey in Donley County, Texas, to the intersection with the
present East right of way line of State Highway 70 in Section 170,
Block E, D. & P. R. R. Co. Survey in Donley County, Texas;
THENCE, in a North and Northeasterly direction with the
present East right of way line of State Highway 70 thru Sections 170
and 169, Block E, D. & P. R. R. Co. Survey, Section 26, Block G-7,
Adair & Goodnight Survey to a point located 752.5 varas and 20 feet
South of the North line of Section 167, Block E, D. & P. R. R. Co.
Survey in Donley County, Texas. The said point also being located
1,430.9 varas West of the East line of said Section 167;
THENCE, East 741 varas to a point;
THENCE, South 1,147.8 varas to a point in the South line of
said Section 167, Block E, D. & P. R. R. Co. Survey and also 689.7
varas West of the Southeast corner of said Section 167;
THENCE, East with the North lines of Sections 166, 157 and
152, Block E, D. & P. R. R. Co. Survey in Donley County, Texas, to
the Northeast corner of said Section 152 and the West line of
Section 153, Block E, D. & P. R. R. Co. Survey in Donley County,
Texas;
THENCE, South with the West line of said Section 153, Block E,
D. & P. R. R. Co. Survey to its Southwest corner and the Northwest
corner of Section 154, Block E, D. & P. R. R. Co. Survey in Donley
County, Texas;
THENCE, East with the North line of said Section 154, Block E,
D. & P. R. R. Co. Survey to its Northeast corner;
THENCE, South with the East line of said Section 154, Block E,
D. & P. R. R. Co. Survey to its Southeast corner and the North line
of Section 144, Block E, D. & P. R. R. Co. Survey in Donley County,
Texas;
THENCE, East with the North line of said Section 144, Block E,
D. & P. R. R. Co. Survey to its Northeast corner and the Southwest
corner of Section 98, Block C-6, G. C. & S. F. R. R. Co. Survey in
Donley County, Texas;
THENCE, East with the South line of said Section 98, Block
C-6, G. C. & S. F. R. R. Co. Survey a distance of 950 varas;
THENCE, North 950 varas to a point;
THENCE, East 950 varas to a point in the East line of Section
98 and the West line of Section 97, Block C-6, G. C. & S. F. R. R. Co.
Survey in Donley County, Texas;
THENCE, North with the said West line of Section 97, Block
C-6, G. C. & S. F. R. R. Co. Survey 354.75 varas;
THENCE, East 950 varas to a point;
THENCE, South 354.75 varas to a point;
THENCE, East 950 varas to a point in the West line of Section
96, Block C-6, G. C. & S. F. R. R. Co. Survey in Donley County,
Texas;
THENCE, South with the said West line of Section 96, Block
C-6, G. C. & S. F. R. R. Co. Survey to its Southwest corner and the
Northwest corner of Section 101, Block C-6, G. C. & S. F. R. R. Co.
Survey in Donley County, Texas;
THENCE, East with the North line of said Section 101, Block
C-6, G. C. & S. F. R. R. Co. Survey to its Northeast corner;
THENCE, South with the East line of said Section 101, Block
C-6, G. C. & S. F. R. R. Co. Survey 1,600 varas;
THENCE, East to a point in the East line of Section 134, Block
E, D. & P. R. R. Co. Survey in Donley County, Texas;
THENCE, South with the West lines of Sections 134 and 135,
Block E, D & P. R. R. Co. Survey in Donley County, Texas, to the
Southeast corner of said Section 135;
THENCE, East across Theo W. Wheeler Survey in Donley County,
Texas, to the Northeast corner of Section 50, Block 20, H. & G. N. R.
R. Co. Survey in Donley County, Texas;
THENCE, South with the East line of said Section 50, Block 20,
H. & G. N. R. R. Co. Survey to its Southeast corner and the Northwest
corner of Section 32, Block 20, H. & G. N. R. R. Co. Survey in Donley
County, Texas;
THENCE, East with the North line of said Section 32, Block 20,
H. & G. N. R. R. Co. Survey to the Northeast corner of said Section
32;
THENCE, South with the East line of said Section 32, Block 20,
H. & G. N. R. R. Co. Survey to its Southeast corner and also the
Northwest corner of Section 28, Block 20, H. & G. N. R. R. Co. Survey
in Donley and Hall Counties, Texas;
THENCE, East to the Northeast corner of said Section 28,
Block 20, H. & G. N. R. R. Co. Survey;
THENCE, South with the East line of said Section 28 and
Section 13, Block 20, H. & G. N. R. R. Co. Survey in Hall County,
Texas, to the Southeast corner of said Section 13;
THENCE, West to the Northeast corner of Section 9, Block 20,
H. & G. N. R. R. Co. Survey in Hall County, Texas;
THENCE, South with the East lines of said Section 9, Block 20,
and Sections 99, 62, and 59, Block 18, H. & G. N. R. R. Co. Survey in
Hall County, Texas, to the Southeast corner of said Section 59 and
the Northwest corner of Section 23, Block 18, W. & N. W. R. R. Co.
Survey in Hall County, Texas;
THENCE, East with the North line of said Section 23, Block 18,
H. & G. N. R. R. Co. Survey 950 varas;
THENCE, South 950 varas to a point;
THENCE, East 950 varas to a point in the East line of said
Section 23, Block 18, H. & G. N. R. R. Co. Survey;
THENCE, South with the East lines of Sections 23 and 18, Block
18, H. & G. N. R. R. Co. Survey in Hall County, Texas, to the
Southeast corner of said Section 18;
THENCE, West to the Northwest corner of Section 116, Block 1,
S. P. Ry. Co. Survey in Hall County, Texas;
THENCE, South with the West line of said Section 116, Block 1,
S. P. Ry. Co. Survey to its Southwest corner and the Northwest
corner of Section 109, Block 1, S. P. Ry. Co. Survey in Hall County,
Texas;
THENCE, East with the North line of said Section 109, Block 1,
S. P. Ry. Co. Survey to its Northeast corner;
THENCE, East 950 varas to a point in the North line of Section
108, Block 1, S. P. Ry. Co. Survey in Hall County, Texas;
THENCE, South to a point in the South line of said Section
108, Block 1, S. P. Ry. Co. Survey and the North line of Section 9,
Block R, T. A. Thomson Survey in Hall County, Texas;
THENCE, East with the North line of said Section 9, Block R,
T. A. Thomson Survey to its Northeast corner;
THENCE, South with the East line of said Section 9, Block R,
T. A. Thomson Survey to its Southeast corner and the North line of
Section 67, Block 1, S. P. Ry. Co. Survey in Hall County, Texas;
THENCE, East with the North lines of Sections 67 and 68, Block
1, S. P. Ry. Co. Survey in Hall County, Texas, to the Northeast
corner of said Section 68;
THENCE, South with the East lines of Sections 68 and 53, Block
1, S. P. Ry. Co. Survey in Hall County, Texas, to the Southeast
corner of said Section 530 on the North Bank of the Prairie Dog Town
Fork of Red River;
THENCE, in a Northwesterly direction with the meanders of the
North bank of the Prairie Dog Town Fork of Red River to the PLACE OF
BEGINNING[;
are hereby in all things and in all respects ratified, confirmed,
approved and validated and said District shall embrace all land and
property contained within the area delineated by said boundaries.
It is hereby found and determined that all lands and other property
included within the aforesaid boundaries are and will be benefited
by the District and its improvements and it shall not be necessary
for the District to hold any exclusion hearings and no exclusions
shall be made].
SECTION 2.06. HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1. Section 2, Chapter 299, Acts of the 56th
Legislature, Regular Session, 1959, is amended to read as follows:
Sec. 2. The boundaries of the Hudspeth County Water Control
and Improvement [said] District No. 1 are [heretofore and herein
established] as follows:
A tract of 2405 acres of land in Hudspeth County, Texas known
as the SW1/4 of Sur. No. 2 and the S1/2 of Sur. No. 3, Blk. No. 59, P.
S. L., the W1/2 of Sur. No. 2, Sur. No. 3, the E1/2 of Sur. No. 4, the
NE1/4 of Sur. No. 7, the NE1/4 of Sur. No. 8 and the NW1/4 of Sur.
No. 9, Blk. No. 61-1/2, Public School Land Surveys, including all
land that would normally inure to said surveys, and is situated at
the county site.
Beginning at an iron pipe at the NE corner of Sur. No. 4, Blk.
No. 61-1/2 P. S. L.;
Thence West 950 vrs with the North line of said Sur. No. 4, to
the NW corner of the E1/2 of said survey, for a NW corner of this
tract.
Thence South at 1900 vrs, the SW corner of the E1/2 of said
Sur. No. 4 and the NW corner of the NE1/4 of Sur. No. 7 and at 2850
vrs the SW corner of the NE1/4 of said Sur. No. 7, for a SW corner of
this tract.
Thence East 950 vrs to the SE corner of the NE1/4 of said Sur.
No. 7 in the East line of said survey, for a corner of this tract.
Thence North 950 vrs with the East line of said Sur. No. 7 to
the NE corner of same, and the NW corner of Sur. No. 8, for a corner
of this tract.
Thence East 950 vrs with the North line of Sur. No. 8, to the
NW corner of the NE1/4 of said survey for a corner of this tract.
Thence South 950 vrs to the SW corner of the NE1/4 of said
Sur. No. 8, for a corner of this tract.
Thence East at 950 vrs the SE corner of the NE1/4 of said Sur.
No. 8, and the SW corner of the NW1/4 of Sur. No. 9, and at 1900 vrs
the SE corner of the NW1/4 of said Sur. No. 9, for the SE corner of
this tract.
Thence North at 950 vrs. the NE corner of the NW1/4 of said
Sur. No. 9 and the SE corner of the W1/2 of Sur. No. 2, at 2850 vrs
the NE corner of the W1/2 of said Sur. No. 2, Blk. No. 61-1/2 in the
South line of Blk. No. 59, for a corner of this tract.
Thence East 300 vrs with the South line of said Blk. No. 59,
to the SE corner of the SW1/4 of Sur. No. 2, said Blk. No. 59 for a
corner of this tract.
Thence North 1427.5 vrs to the NE corner of the SW1/4 of said
Sur. No. 2, for the NE corner of this tract.
Thence West at 850 vrs the NW corner of the SW1/4 of said Sur.
No. 2, and the NE corner of the S1/2 of Sur. No. 3, and at 2550 vrs
the NW corner of the S1/2 of said Sur. No. 3, for a NW corner of this
tract.
Thence South 1427.5 vrs with the West line of said Sur. No. 3,
to the SW corner of same, in the South line of Blk. No. 59 and the
North line of Blk. No. 61-1/2, for a corner of this tract.
Thence West 600 vrs with the North line of said Blk. No.
61-1/2 to the place of beginning[; are hereby in all things and in
all respects ratified, confirmed, approved and validated and said
District shall embrace all land and property contained within the
area delineated by said boundaries. It is hereby found and
determined that all lands and other property included within the
aforesaid boundaries are and will be benefited by the District and
its improvements].
ARTICLE 3. REPEALERS
SECTION 3.01. SABINE PASS PORT AUTHORITY. The following
statutes are repealed:
(1) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, Chapter
379, Acts of the 63rd Legislature, Regular Session, 1973;
(2) Sections 2 and 3, Chapter 812, Acts of the 66th
Legislature, Regular Session, 1979; and
(3) Sections 2 and 3, Chapter 56, Acts of the 67th
Legislature, Regular Session, 1981.
SECTION 3.02. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES
COUNTY, TEXAS. The following statutes are repealed:
(1) Chapter 165, Acts of the 67th Legislature, Regular
Session, 1981;
(2) Chapter 397, Acts of the 68th Legislature, Regular
Session, 1983;
(3) Section 2, Chapter 469, Acts of the 74th
Legislature, Regular Session, 1995; and
(4) Sections 1, 2, 3, and 4, Chapter 1334, Acts of the
78th Legislature, Regular Session, 2003.
SECTION 3.03. ORANGE COUNTY NAVIGATION AND PORT DISTRICT OF
ORANGE COUNTY, TEXAS. The following statutes are repealed:
(1) Chapter 370, Acts of the 53rd Legislature, Regular
Session, 1953; and
(2) Sections 2, 3, 4, and 5, Chapter 80, Acts of the
55th Legislature, Regular Session, 1957.
SECTION 3.04. CHAMBERS-LIBERTY COUNTIES NAVIGATION
DISTRICT. Chapter 1145, Acts of the 76th Legislature, Regular
Session, 1999, is repealed.
SECTION 3.05. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO.
319. Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter 787, Acts of
the 69th Legislature, Regular Session, 1985, are repealed.
SECTION 3.06. POLK COUNTY FRESH WATER SUPPLY DISTRICT NO.
2. Sections 1, 2, and 4, Chapter 814, Acts of the 75th Legislature,
Regular Session, 1997, are repealed.
SECTION 3.07. LAKEWAY MUNICIPAL UTILITY DISTRICT. Chapter
1272, Acts of the 75th Legislature, Regular Session, 1997, is
repealed.
SECTION 3.08. TANGLEWOOD FOREST LIMITED DISTRICT. Chapter
675, Acts of the 74th Legislature, Regular Session, 1995, is
repealed.
SECTION 3.09. THE WOODLANDS METRO CENTER MUNICIPAL UTILITY
DISTRICT. Chapter 322, Acts of the 72nd Legislature, Regular
Session, 1991, is repealed.
SECTION 3.10. BAYBROOK MUNICIPAL UTILITY DISTRICT NO. 1.
Chapter 1386, Acts of the 77th Legislature, Regular Session, 2001,
is repealed.
SECTION 3.11. SULPHUR RIVER BASIN AUTHORITY. The following
statutes are repealed:
(1) Chapter 3, Acts of the 69th Legislature, 1st
Called Session, 1985; and
(2) Sections 15 and 17, Chapter 276, Acts of the 85th
Legislature, Regular Session, 2017.
SECTION 3.12. PALO DURO WATER DISTRICT. The following
statutes are repealed:
(1) Chapter 438, Acts of the 63rd Legislature, Regular
Session, 1973;
(2) Sections 6, 7, 8, and 9, Chapter 115, Acts of the
64th Legislature, Regular Session, 1975;
(3) Sections 5 and 6, Chapter 17, Acts of the 68th
Legislature, Regular Session, 1983;
(4) Sections 2, 3, and 4, Chapter 651, Acts of the 70th
Legislature, Regular Session, 1987; and
(5) Section 13, Chapter 1046, Acts of the 85th
Legislature, Regular Session, 2017.
SECTION 3.13. LIVE OAK UNDERGROUND WATER CONSERVATION
DISTRICT. The following statutes are repealed:
(1) Chapter 715, Acts of the 71st Legislature, Regular
Session, 1989;
(2) Sections 1, 2, 4, and 5, Chapter 305, Acts of the
73rd Legislature, Regular Session, 1993; and
(3) Section 5, Chapter 653, Acts of the 85th
Legislature, Regular Session, 2017.
SECTION 3.14. HEMPHILL COUNTY UNDERGROUND WATER
CONSERVATION DISTRICT. The following statutes are repealed:
(1) Chapter 157, Acts of the 74th Legislature, Regular
Session, 1995; and
(2) Section 6, Chapter 208, Acts of the 85th
Legislature, Regular Session, 2017.
SECTION 3.15. FORT BEND COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 2. The following statutes are repealed:
(1) Sections 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14,
15, 16, 17, 18, 19, 20, 21, and 22, Chapter 312, Acts of the 57th
Legislature, Regular Session, 1961;
(2) Chapter 381, Acts of the 61st Legislature, Regular
Session, 1969; and
(3) Sections 3, 4, and 5, Chapter 669, Acts of the 84th
Legislature, Regular Session, 2015.
SECTION 3.16. BELL COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 5. The following statutes are repealed:
(1) Chapter 226, Acts of the 56th Legislature, Regular
Session, 1959; and
(2) Chapter 227, Acts of the 56th Legislature, Regular
Session, 1959.
SECTION 3.17. FANNIN COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1. The following statutes are repealed:
(1) Chapter 65, Acts of the 57th Legislature, Regular
Session, 1961; and
(2) Chapter 275, Acts of the 58th Legislature, Regular
Session, 1963.
SECTION 3.18. FORT HANCOCK WATER CONTROL AND IMPROVEMENT
DISTRICT OF HUDSPETH COUNTY, TEXAS. Sections 1, 2, 3, 4, 6, 7, 8, 9,
9a, 10, and 11, Chapter 78, Acts of the 57th Legislature, Regular
Session, 1961, are repealed.
SECTION 3.19. HALL AND DONLEY COUNTIES WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1 OF HALL AND DONLEY COUNTIES. The
following statutes are repealed:
(1) Chapter 424, Acts of the 56th Legislature, Regular
Session, 1959; and
(2) Sections 1, 3, 4, 5, 6, and 7, Chapter 189, Acts of
the 59th Legislature, Regular Session, 1965.
SECTION 3.20. HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1. Sections 1, 3, 4, 5, 6, and 7, Chapter 299, Acts of
the 56th Legislature, Regular Session, 1959, are repealed.
ARTICLE 4. GENERAL MATTERS
SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
This Act is enacted under Section 43, Article III, Texas
Constitution. This Act is intended as a codification only, and no
substantive change in the law is intended by this Act. This Act
does not increase or decrease the territory of any special district
of the state as those boundaries exist on the effective date of this
Act.
SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS
LAW. (a) The repeal of a law, including a validating law, by this
Act does not remove, void, or otherwise affect in any manner a
validation under the repealed law. The validation is preserved and
continues to have the same effect that it would have if the law were
not repealed.
(b) Subsection (a) of this section does not diminish the
saving provisions prescribed by Section 311.031, Government Code.
SECTION 4.03. EFFECTIVE DATE. This Act takes effect April
1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4172 was passed by the House on May 3,
2019, by the following vote: Yeas 140, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4172 was passed by the Senate on May
21, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor