H.B. No. 3530
AN ACT
relating to the nonsubstantive revision of certain local laws
concerning water and wastewater special districts, including a
conforming amendment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
SECTION 1.01. LEVEE IMPROVEMENT DISTRICT. Subtitle E,
Title 6, Special District Local Laws Code, is amended by adding
Chapter 7817 to read as follows:
CHAPTER 7817. DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1
OF DENTON AND DALLAS COUNTIES, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7817.0101. DEFINITIONS
Sec. 7817.0102. NATURE OF DISTRICT
Sec. 7817.0103. TERRITORY
Sec. 7817.0104. ANNEXATION OF TERRITORY
Sec. 7817.0105. APPLICABILITY OF OTHER LAW
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7817.0201. AUTHORITY TO UNDERTAKE IMPROVEMENT
PROJECTS OR SERVICES
Sec. 7817.0202. COMPACTED FILL AUTHORITY
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 7817.0301. ASSESSMENTS; LIENS FOR ASSESSMENTS
Sec. 7817.0302. AUTHORITY TO IMPOSE SPECIAL
ASSESSMENTS FOR CERTAIN IMPROVEMENT
PROJECTS OR SERVICES
Sec. 7817.0303. PETITION REQUIRED FOR FINANCING
IMPROVEMENT PROJECTS OR SERVICES
THROUGH ASSESSMENTS
Sec. 7817.0304. IMPACT FEE AND ASSESSMENT EXEMPTIONS
Sec. 7817.0305. BONDS AND OTHER OBLIGATIONS
CHAPTER 7817. DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO. 1
OF DENTON AND DALLAS COUNTIES, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7817.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "District" means the Denton County Levee
Improvement District No. 1 of Denton and Dallas Counties, Texas.
(Acts 69th Leg., R.S., Ch. 473, Sec. 1.)
Sec. 7817.0102. NATURE OF DISTRICT. The district is:
(1) a levee improvement district created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution; and
(2) a political subdivision of this state. (Acts 69th
Leg., R.S., Ch. 473, Sec. 3.)
Sec. 7817.0103. TERRITORY. The district boundaries form a
closure. (Acts 69th Leg., R.S., Ch. 473, Sec. 2 (part).)
Sec. 7817.0104. ANNEXATION OF TERRITORY. (a) The district
may annex any territory the owner of which petitions for annexation
by the method prescribed by Section 49.301, Water Code.
(b) At least 30 days before acting on a petition for
annexation, the district shall notify all municipalities within
whose boundaries the district or the land described in the petition
is located. The notification must:
(1) be in writing;
(2) specify the time and place of the meeting to
consider the petition;
(3) invite the municipality to appear at the meeting;
and
(4) include a copy of the petition.
(c) Notwithstanding any other provision of this chapter,
the district may annex only territory with a boundary contiguous to
a district boundary. (Acts 69th Leg., R.S., Ch. 473, Sec. 5.)
Sec. 7817.0105. APPLICABILITY OF OTHER LAW. Chapters 49
and 57, Water Code, apply to the district except to the extent this
chapter constitutes a modification of general law. (Acts 69th
Leg., R.S., Ch. 473, Sec. 6.)
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7817.0201. AUTHORITY TO UNDERTAKE IMPROVEMENT
PROJECTS OR SERVICES. (a) The board may undertake an improvement
project or service that confers a special benefit on all or a
definable part of the district.
(b) As needed to restore, preserve, or enhance the scenic
and aesthetic beauty of an area in the district, the district may
include in the improvement project or service the acquisition,
construction, or financing of:
(1) a drainage facility;
(2) a hiking and cycling trail;
(3) a pedestrian walkway along or across a street, at
grade or above or below the surface;
(4) landscaping; and
(5) other development. (Acts 69th Leg., R.S., Ch.
473, Secs. 6A(a), (c).)
Sec. 7817.0202. COMPACTED FILL AUTHORITY. The district may
include compacted fill in the district's reclamation plan and may
spend money and issue bonds to the full extent otherwise authorized
by Chapters 49 and 57, Water Code, for payment of compacted fill.
(Acts 69th Leg., R.S., Ch. 473, Sec. 4.)
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 7817.0301. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose an assessment for any purpose
authorized by this chapter.
(b) An assessment, including an assessment resulting from
an addition to or correction of the assessment roll by the district,
a reassessment, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district are:
(1) a first and prior lien against the property
assessed;
(2) superior to any other lien or claim other than a
lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) the personal liability of and a charge against the
property owners even if the owners are not named in the assessment
proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(Acts 69th Leg., R.S., Ch. 473, Sec. 6C.)
Sec. 7817.0302. AUTHORITY TO IMPOSE SPECIAL ASSESSMENTS FOR
CERTAIN IMPROVEMENT PROJECTS OR SERVICES. (a) The board may impose
a special assessment on property in the district based on the
benefit conferred by an improvement project or service under
Section 7817.0201 to pay all or part of the cost of the project or
service.
(b) Sections 375.111 through 375.124, Local Government
Code, apply to financing an improvement project or service under
Section 7817.0201. (Acts 69th Leg., R.S., Ch. 473, Secs. 6A(b),
(d).)
Sec. 7817.0303. PETITION REQUIRED FOR FINANCING
IMPROVEMENT PROJECTS OR SERVICES THROUGH ASSESSMENTS. (a) The
board may not finance an improvement project or service through an
assessment imposed under this chapter unless a written petition
requesting that improvement or service has been filed with the
board.
(b) The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district subject to assessment according to
the most recent certified appraisal rolls for Denton and Dallas
Counties; or
(2) the owners of a majority of the surface area of
real property in the district subject to assessment as determined
by the board. (Acts 69th Leg., R.S., Ch. 473, Sec. 6B.)
Sec. 7817.0304. IMPACT FEE AND ASSESSMENT EXEMPTIONS. The
district may not impose an impact fee or assessment on:
(1) single-family residential property; or
(2) the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(A) an electric utility or a power generation
company as defined by Section 31.002, Utilities Code;
(B) a gas utility as defined by Section 101.003
or 121.001, Utilities Code;
(C) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(D) a person who provides to the public cable
television or advanced telecommunications services. (Acts 69th
Leg., R.S., Ch. 473, Secs. 6D, 6F.)
Sec. 7817.0305. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds or other obligations payable wholly or
partly from ad valorem taxes, assessments, impact fees, revenue,
grants, or other district money, or any combination of those
sources, to pay for any authorized district purpose.
(b) In exercising the district's power to borrow, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(c) The district must obtain approval from the City of
Lewisville before issuing bonds under this section. (Acts 69th
Leg., R.S., Ch. 473, Sec. 6E.)
SECTION 1.02. MUNICIPAL UTILITY DISTRICT. Subtitle F,
Title 6, Special District Local Laws Code, is amended by adding
Chapter 7886 to read as follows:
CHAPTER 7886. SEBASTIAN MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7886.0101. DEFINITIONS
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7886.0201. QUALIFIED WATER SUPPLY CORPORATION
Sec. 7886.0202. PETITION TO DISSOLVE DISTRICT
Sec. 7886.0203. ELECTION RELATING TO DISSOLUTION OF
DISTRICT
Sec. 7886.0204. ELECTION RESULTS
Sec. 7886.0205. AGREEMENT AND ORDER RELATING TO
DISSOLUTION OF DISTRICT
Sec. 7886.0206. AGREEMENT AND ORDER RELATING TO WATER
AND WASTEWATER SERVICE
Sec. 7886.0207. FILING REQUIREMENT
CHAPTER 7886. SEBASTIAN MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7886.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Corporation" means a qualified water supply
corporation as described by Section 7886.0201.
(3) "District" means the Sebastian Municipal Utility
District.
(4) "Utility commission" means the Public Utility
Commission of Texas. (Acts 75th Leg., R.S., Ch. 516, Sec. 1; New.)
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7886.0201. QUALIFIED WATER SUPPLY CORPORATION. A
corporation is qualified to assume the district's debts,
liabilities, and obligations and assume ownership of the district's
assets and facilities if the corporation:
(1) is member-owned, member-controlled, and formed
under Chapter 67, Water Code; and
(2) possesses a valid certificate of public
convenience and necessity obtained under Section 13.246, Water
Code. (Acts 75th Leg., R.S., Ch. 516, Sec. 7.)
Sec. 7886.0202. PETITION TO DISSOLVE DISTRICT. (a) A
petition may be filed with the board requesting an election in the
district to decide if the board must enter into an agreement
described by Section 7886.0205(a).
(b) A petition filed under this section must be printed in
English and Spanish and read as follows:
"We, the undersigned, being registered voters in the
Sebastian Municipal Utility District, request the board of
directors of the Sebastian Municipal Utility District to hold an
election to decide if the board must enter into an agreement with a
qualified water supply corporation in which the district's debts,
liabilities, obligations, assets, and facilities are transferred
to the qualified water supply corporation and the district is
dissolved." (Acts 75th Leg., R.S., Ch. 516, Sec. 4.)
Sec. 7886.0203. ELECTION RELATING TO DISSOLUTION OF
DISTRICT. (a) The board shall call an election as requested by a
petition filed under Section 7886.0202 only if:
(1) an election has not been held previously under
this section; and
(2) the board determines that the petition is signed
by at least 10 percent of the registered voters in the district.
(b) The board shall make the determination under Subsection
(a)(2) not later than the seventh day after the date on which the
board receives the petition.
(c) The board shall hold an election required by Subsection
(a) on the first authorized uniform election date after the date the
board determines an election is required that allows sufficient
time for the board to comply with all applicable provisions of the
Election Code.
(d) The board shall publish notice of the election in a
newspaper of general circulation in the district once each week for
three weeks before the date the election is scheduled to be held.
(e) The ballot for an election ordered in response to a
petition filed under Section 7886.0202 must be printed in English
and Spanish and read as follows:
"By voting YES on this ballot, you are voting in favor of
requiring the Sebastian Municipal Utility District to enter into an
agreement with a qualified water supply corporation in which the
district's debts, liabilities, obligations, assets, and facilities
are transferred to the corporation and the district is dissolved.
By voting NO on this ballot, you are voting against requiring the
Sebastian Municipal Utility District to enter into such an
agreement." (Acts 75th Leg., R.S., Ch. 516, Secs. 5(a), (b), (c),
(d) (part), (e).)
Sec. 7886.0204. ELECTION RESULTS. (a) If a majority of the
voters vote in favor of the ballot proposition stated in Section
7886.0203(e), the board shall enter into an agreement described by
Section 7886.0205(a) if:
(1) a corporation agrees to the terms specified by
Section 7886.0205(a); and
(2) the utility commission determines that the
corporation is capable of rendering adequate and continuous service
as required by Section 13.251, Water Code.
(b) If a majority of the voters vote against the ballot
proposition stated in Section 7886.0203(e), the board may not enter
into an agreement described by Section 7886.0205(a) before the
district conducts the first board election held after the date on
which the voters voted against the ballot proposition. (Acts 75th
Leg., R.S., Ch. 516, Secs. 5(f), (g).)
Sec. 7886.0205. AGREEMENT AND ORDER RELATING TO DISSOLUTION
OF DISTRICT. (a) A corporation may enter into an agreement with the
district to:
(1) accept assignment of the district's certificate of
public convenience and necessity obtained under Section 13.246,
Water Code, and any right obtained under the certificate, after the
utility commission determines that the corporation is capable of
rendering adequate and continuous service as required by Section
13.251, Water Code;
(2) assume the district's debts, liabilities, and
obligations;
(3) assume ownership of the district's assets and
facilities; and
(4) perform the district's functions and provide all
services previously provided by the district.
(b) If a corporation enters into an agreement described by
Subsection (a), the board shall issue an order that dissolves the
district.
(c) The district's dissolution becomes effective on the
30th day after the date the board issues the order dissolving the
district.
(d) On the effective date of the dissolution:
(1) all of the district's property and other assets are
transferred to the corporation;
(2) all of the district's debts, liabilities, and
other obligations are assumed by the corporation; and
(3) the district's certificate of public convenience
and necessity and any right obtained under the certificate is
assigned to the corporation in the manner prescribed by Section
13.251, Water Code. (Acts 75th Leg., R.S., Ch. 516, Sec. 2.)
Sec. 7886.0206. AGREEMENT AND ORDER RELATING TO WATER AND
WASTEWATER SERVICE. (a) A corporation may enter into an agreement
with the district to:
(1) assume the district's debts, liabilities, and
obligations relating to water and wastewater service;
(2) assume ownership of the district's assets and
facilities relating to water and wastewater service;
(3) apply to the utility commission to obtain a
certificate of public convenience and necessity or an amendment to
a certificate under Section 13.244, Water Code, to render water and
wastewater service to the area served by the district; and
(4) perform the district's functions relating to water
and wastewater service and provide all services relating to those
services previously provided by the district.
(b) If a corporation enters into an agreement described by
Subsection (a) and the utility commission grants to the corporation
a certificate of public convenience and necessity as described by
Subsection (a)(3), the board shall issue an order transferring the
district's debts, liabilities, obligations, assets, and facilities
relating to water and wastewater service to the corporation.
(c) On the 30th day after the date the board issues the order
transferring the district's debts, liabilities, obligations,
assets, and facilities:
(1) all of the district's property and other assets
relating to water and wastewater service are transferred to the
corporation; and
(2) all of the district's debts, liabilities, and
other obligations relating to water and wastewater service are
assumed by the corporation. (Acts 75th Leg., R.S., Ch. 516, Sec. 3.)
Sec. 7886.0207. FILING REQUIREMENT. (a) The board shall
file a copy of the agreement described by Section 7886.0205(a) and a
copy of the board's order dissolving the district issued under
Section 7886.0205(b) not later than the 15th day after the date the
board issues the order:
(1) with the Texas Commission on Environmental
Quality;
(2) with the utility commission; and
(3) in the deed records of Willacy and Cameron
Counties.
(b) The board shall file a copy of the agreement described
by Section 7886.0206(a) and a copy of the board's order
transferring the district's obligations and assets issued under
Section 7886.0206(b) not later than the 15th day after the date the
board issues the order:
(1) with the Texas Commission on Environmental
Quality;
(2) with the utility commission; and
(3) in the deed records of Willacy and Cameron
Counties. (Acts 75th Leg., R.S., Ch. 516, Sec. 6.)
SECTION 1.03. RIVER AUTHORITIES. Subtitle G, Title 6,
Special District Local Laws Code, is amended by adding Chapters
8510 and 8511 to read as follows:
CHAPTER 8510. RED RIVER AUTHORITY OF TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8510.0101. DEFINITIONS
Sec. 8510.0102. NATURE OF AUTHORITY
Sec. 8510.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
Sec. 8510.0104. REVIEW SCHEDULE UNDER SUNSET ACT
Sec. 8510.01045. SUNSET REPORT AUDIT
Sec. 8510.0105. TERRITORY
Sec. 8510.0106. EFFECT OF OVERLAPPING TERRITORY
Sec. 8510.0107. APPLICABILITY OF CHAPTER TO CERTAIN
COUNTIES
Sec. 8510.0108. APPLICABILITY OF CHAPTER TO BOWIE
COUNTY
Sec. 8510.0109. LIBERAL CONSTRUCTION OF CHAPTER
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
Sec. 8510.0201. MEMBERSHIP OF BOARD
Sec. 8510.0202. TERMS
Sec. 8510.0203. REMOVAL
Sec. 8510.0204. VACANCY
Sec. 8510.0205. OATH AND BOND REQUIREMENT FOR
DIRECTORS
Sec. 8510.0206. COMPENSATION OF DIRECTORS
Sec. 8510.0207. VOTING REQUIREMENT
Sec. 8510.0208. OFFICERS
Sec. 8510.0209. DIRECTOR TRAINING PROGRAM
Sec. 8510.0210. MEETINGS
Sec. 8510.0211. SEPARATION OF POLICYMAKING AND
MANAGEMENT FUNCTIONS
Sec. 8510.0212. ATTORNEYS, AGENTS, AND EMPLOYEES
Sec. 8510.0213. GENERAL MANAGER
Sec. 8510.0214. DIRECTOR'S, OFFICER'S, OR EMPLOYEE'S
SURETY BOND
Sec. 8510.0215. AUTHORITY'S OFFICE
Sec. 8510.0216. RECORDS
Sec. 8510.0217. COMPLAINTS
Sec. 8510.0218. ALTERNATIVE DISPUTE RESOLUTION
PROCEDURES
Sec. 8510.0219. PUBLIC TESTIMONY
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8510.0301. GENERAL POWERS
Sec. 8510.0302. POWERS RELATING TO CONSERVATION AND
BENEFICIAL USE OF WATER
Sec. 8510.0303. POWERS REGARDING CANALS, WATERWAYS,
AND RELATED FACILITIES
Sec. 8510.0304. FEDERALLY CONSTRUCTED OR MAINTAINED
CANALS, WATERWAYS, AND FACILITIES
Sec. 8510.0305. POWER TO CONTROL, DEVELOP, STORE, AND
USE WATER FOR NAVIGATIONAL USE
Sec. 8510.0306. POWERS RELATING TO FLOODING
Sec. 8510.0307. MASTER PLAN FOR DEVELOPMENT OF SOIL
AND WATER RESOURCES
Sec. 8510.0308. POWERS RELATING TO PARKS AND
RECREATIONAL FACILITIES
Sec. 8510.0309. POWERS RELATING TO WASTE FACILITIES;
BONDS
Sec. 8510.0310. ADDITIONAL POWERS OF AUTHORITY AND
OTHER PERSONS; BONDS
Sec. 8510.0311. POWERS RELATING TO CONTRACTS
Sec. 8510.0312. POWERS RELATING TO WATER DISTRIBUTION
PLANTS OR SYSTEMS
Sec. 8510.0313. CONTRACTS FOR SALE AND DELIVERY OF
WATER TO CERTAIN MUNICIPALITIES
Sec. 8510.0314. ACQUISITION OF PROPERTY BY GIFT,
PURCHASE, OR EMINENT DOMAIN
Sec. 8510.0315. COST OF RELOCATING OR ALTERING
PROPERTY
Sec. 8510.0316. ACQUISITION OR OPERATION OF PROPERTY
Sec. 8510.0317. LIMITATION ON PURCHASE OF GROUNDWATER
RIGHTS
Sec. 8510.0318. LIMITATION ON POWERS OF AUTHORITY
REGARDING GROUNDWATER
Sec. 8510.0319. LIMITATION ON POWERS AND DUTIES OF
AUTHORITY; COMMISSION APPROVAL OF
CERTAIN PLANS
Sec. 8510.0320. LIMITATION ON POWER TO MANUFACTURE AND
PRODUCE GASOHOL
Sec. 8510.0321. SEAL
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8510.0401. PROCEDURE FOR PAYMENT
Sec. 8510.0402. RECEIPT OF MONEY
Sec. 8510.0403. FISCAL YEAR
Sec. 8510.0404. FILING OF AUDIT REPORT
Sec. 8510.0405. ASSET MANAGEMENT PLAN
Sec. 8510.0406. RATES AND CHARGES
Sec. 8510.0407. CHANGES TO RATES AND CHARGES
Sec. 8510.0408. NOTICE OF RIGHT TO APPEAL CHANGES TO
RATES
Sec. 8510.0409. DEPOSITORY
Sec. 8510.0410. TAX NOT AUTHORIZED BY CHAPTER
SUBCHAPTER E. BORROWED MONEY OR GRANTS
Sec. 8510.0501. POWER TO ISSUE OBLIGATIONS OR WARRANTS
Sec. 8510.0502. LOANS AND GRANTS
Sec. 8510.0503. POWER TO SEEK AND ACCEPT CONTRIBUTIONS
Sec. 8510.0504. POWER TO ISSUE BONDS
Sec. 8510.0505. FORM OF BONDS
Sec. 8510.0506. MATURITY
Sec. 8510.0507. BONDS PAYABLE FROM REVENUE
Sec. 8510.0508. COMPENSATION RATES
Sec. 8510.0509. ADDITIONAL SECURITY
Sec. 8510.0510. USE OF BOND PROCEEDS
Sec. 8510.0511. APPOINTMENT OF RECEIVER
Sec. 8510.0512. REFUNDING BONDS
CHAPTER 8510. RED RIVER AUTHORITY OF TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8510.0101. DEFINITIONS. In this chapter:
(1) "Authority" means the Red River Authority of
Texas.
(2) "Board" means the authority's board of directors.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Director" means a board member. (Acts 56th Leg.,
R.S., Ch. 279, Sec. 1 (part); New.)
Sec. 8510.0102. NATURE OF AUTHORITY. The authority is a
conservation and reclamation district created under Section 59,
Article XVI, Texas Constitution. (Acts 56th Leg., R.S., Ch. 279,
Sec. 1 (part).)
Sec. 8510.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The authority is:
(1) essential to accomplish the purposes of Section
59, Article XVI, Texas Constitution; and
(2) created to serve a public use and benefit.
(b) All land and other property inside the authority's
boundaries will benefit from the authority.
(c) All of the authority's territory will benefit by the
exercise of the powers, rights, privileges, and functions conferred
by this chapter.
(d) This chapter addresses a subject in which this state is
interested. (Acts 56th Leg., R.S., Ch. 279, Secs. 2 (part), 30
(part).)
Sec. 8510.0104. 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, 2031, and every 12th year after that year.
(Acts 56th Leg., R.S., Ch. 279, Sec. 1A(a) (part).)
Sec. 8510.01045. SUNSET REPORT AUDIT. (a) The state
auditor shall conduct an audit of the authority to evaluate whether
the authority has addressed the operational challenges identified
in the report on the authority by the Sunset Advisory Commission
presented to the 86th Legislature.
(b) The state auditor may not begin the audit required by
Subsection (a) before December 1, 2021, and shall prepare and
submit a report of the findings of the audit to the chairman and
executive director of the Sunset Advisory Commission not later than
December 1, 2022.
(c) The state auditor shall include the auditor's duties
under this section in each audit plan under Section 321.013,
Government Code, that governs the auditor's duties for the period
specified by Subsection (b).
(d) This section expires January 1, 2023. (Acts 56th Leg.,
R.S., Ch. 279, Sec. 36.)
Sec. 8510.0105. TERRITORY. (a) The authority is composed
of the territory described by Subsection (b) as that territory may
have been modified under:
(1) Subchapter J, Chapter 49, Water Code;
(2) Subchapter O, Chapter 51, Water Code;
(3) Subchapter H, Chapter 62, Water Code; or
(4) other law.
(b) The authority is composed of:
(1) the whole of each county in this state located
wholly or partly in the watershed of the Red River and its
tributaries in this state whose confluences with the Red River are
upstream from the northeast corner of Bowie County, as shown by
contour maps on file with the Texas Water Development Board; and
(2) the whole of Hartley, Hutchinson, Lamar, Lipscomb,
and Red River Counties.
(c) A defect or irregularity in the boundary or an overlap
or conflict of the boundary with another authority or district does
not affect the authority's validity. (Acts 56th Leg., R.S., Ch.
279, Sec. 2 (part); New.)
Sec. 8510.0106. EFFECT OF OVERLAPPING TERRITORY. (a) An
overlap of the authority's territory with another district's or
authority's territory or watershed does not affect the powers,
affairs, duties, or functions of another district or authority,
including the Canadian River Municipal Water Authority.
(b) A district or authority of a local nature, peculiar to a
defined area, may be created wholly or partly inside the authority.
(c) The authority shall cooperate in every practical manner
with the sponsor of an existing or proposed district or authority
described by this section in the prosecution of its proposed
improvements. (Acts 56th Leg., R.S., Ch. 279, Sec. 3.)
Sec. 8510.0107. APPLICABILITY OF CHAPTER TO CERTAIN
COUNTIES. Except as provided by Section 8510.0108, this chapter
does not apply to Bowie, Cass, Delta, Franklin, Hopkins, Marion,
Morris, or Titus County. (Acts 56th Leg., R.S., Ch. 279, Sec. 2
(part).)
Sec. 8510.0108. APPLICABILITY OF CHAPTER TO BOWIE COUNTY.
(a) In this section, "project" means the United States Army Corps
of Engineers' Red River Bank Stabilization and Navigation Project,
from Index, Arkansas, to Denison Dam.
(b) Bowie County is included in the authority for the
limited purpose of participating in the project. This chapter
applies to Bowie County to the extent necessary to accomplish the
project.
(c) Bowie County is liable only for debt incurred by the
authority directly in connection with the project. The board may
exercise the powers and duties, including the power of eminent
domain, under this chapter with relation to Bowie County only to the
extent necessary to accomplish the project. (Acts 56th Leg., R.S.,
Ch. 279, Secs. 2 (part), 14d; New.)
Sec. 8510.0109. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to effectuate its purposes.
(Acts 56th Leg., R.S., Ch. 279, Sec. 30 (part).)
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
Sec. 8510.0201. MEMBERSHIP OF BOARD. (a) The board
consists of nine directors appointed by the governor with the
advice and consent of the senate.
(b) Each director must be:
(1) a freehold property taxpayer and a qualified voter
of this state; and
(2) a resident of the director district that the
director is appointed to represent.
(c) The governor shall appoint three directors to represent
each of the following districts:
(1) director district no. 1 includes Armstrong,
Carson, Castro, Collingsworth, Deaf Smith, Donley, Gray, Hemphill,
Oldham, Parmer, Potter, Randall, Roberts, and Wheeler Counties;
(2) director district no. 2 includes Archer, Baylor,
Briscoe, Childress, Clay, Cottle, Crosby, Dickens, Floyd, Foard,
Hale, Hall, Hardeman, King, Knox, Motley, Swisher, Wichita, and
Wilbarger Counties; and
(3) director district no. 3 includes Bowie, Cooke,
Fannin, Grayson, Lamar, Montague, and Red River Counties. (Acts
56th Leg., R.S., Ch. 279, Secs. 4(a) (part), (b), (c), (d), (e).)
Sec. 8510.0202. TERMS. Directors serve staggered six-year
terms. (Acts 56th Leg., R.S., Ch. 279, Sec. 4(f) (part).)
Sec. 8510.0203. REMOVAL. (a) It is a ground for removal
from the board that a director:
(1) does not have at the time of taking office the
qualifications required by Sections 8510.0201 and 8510.0205;
(2) does not maintain during service on the board the
qualifications required by Sections 8510.0201 and 8510.0205;
(3) is ineligible for directorship under Chapter 171,
Local Government Code;
(4) cannot, because of illness or disability,
discharge the director's duties for a substantial part of the
director's term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the director is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of a board action is not affected by the
fact that it is taken when a ground for removal of a director
exists.
(c) If the general manager has knowledge that a potential
ground for removal exists, the general manager shall notify the
board president of the potential ground. The president shall then
notify the governor and the attorney general that a potential
ground for removal exists. If the potential ground for removal
involves the president, the general manager shall notify the next
highest ranking director, who shall then notify the governor and
the attorney general that a potential ground for removal exists.
(Acts 56th Leg., R.S., Ch. 279, Sec. 4a.)
Sec. 8510.0204. VACANCY. The governor fills a board
vacancy for the unexpired part of the term in the manner provided by
Section 8510.0201. (Acts 56th Leg., R.S., Ch. 279, Sec. 4(f)
(part).)
Sec. 8510.0205. OATH AND BOND REQUIREMENT FOR DIRECTORS.
(a) Not later than the 15th day after the date of appointment, a
director shall qualify by:
(1) taking the constitutional oath of office; and
(2) filing a good and sufficient bond with the
secretary of state and obtaining the secretary of state's approval
on the bond.
(b) The bond must be:
(1) in the amount of $5,000;
(2) payable to the authority; and
(3) conditioned on the faithful performance of duties
as a director. (Acts 56th Leg., R.S., Ch. 279, Sec. 4(g).)
Sec. 8510.0206. COMPENSATION OF DIRECTORS. (a) Unless the
board by resolution increases the fee to an amount authorized by
Section 49.060, Water Code, a director shall receive as a fee of
office an amount not to exceed $25 for each day of service necessary
to discharge the director's duties if the board authorizes the
same.
(b) Not later than the last day of each month or as soon as
practicable after that date, a director shall file with the
secretary a verified statement showing the amount due under
Subsection (a).
(c) The authority shall issue a warrant for the amount shown
in the verified statement filed under Subsection (b).
(d) In all areas of conflict with this section, Section
49.060, Water Code, takes precedence. (Acts 56th Leg., R.S., Ch.
279, Secs. 10(a) (part), (b).)
Sec. 8510.0207. VOTING REQUIREMENT. (a) Except as
provided by Subsection (b), a concurrence of a majority of the
directors present is sufficient in any matter relating to authority
business.
(b) The concurrence of seven directors is required to award
a construction contract or to authorize the issuance of a warrant to
pay for a construction contract. (Acts 56th Leg., R.S., Ch. 279,
Sec. 5 (part).)
Sec. 8510.0208. OFFICERS. (a) The governor shall
designate a director as the board president to serve as the
authority's chief executive officer at the pleasure of the
governor.
(b) The board shall elect one director as vice president,
one director as secretary, and one director as treasurer.
(c) The vice president shall act as president if the
president is absent or disabled.
(d) The secretary shall act as board secretary. The board
shall select a secretary pro tem if the secretary is absent or
unable to act.
(e) The authority may appoint officers, prescribe their
duties, and set their compensation. (Acts 56th Leg., R.S., Ch. 279,
Secs. 5 (part), 7 (part), 22 (part).)
Sec. 8510.0209. 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 results of the authority's most recent formal
audit;
(4) the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
of interest; and
(B) other laws applicable to members of the
governing body of a river authority in performing their duties; and
(5) any applicable ethics policies adopted by the
authority 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 general manager shall create a training manual that
includes the information required by Subsection (b). The general
manager shall distribute a copy of the training manual annually to
each director. Each director shall sign and submit to the general
manager a statement acknowledging that the director has received
and reviewed the training manual. (Acts 56th Leg., R.S., Ch. 279,
Sec. 4b.)
Sec. 8510.0210. MEETINGS. (a) The president shall preside
at all board meetings.
(b) At each regular board meeting, the board shall:
(1) include public testimony as a meeting agenda item;
and
(2) allow the public to comment on all meeting agenda
items and other matters under the authority's jurisdiction.
(c) At a regular board meeting, the board may not deliberate
on or decide a matter not included in the meeting agenda, except
that the board may discuss including the matter on the agenda for a
subsequent meeting.
(d) The board or a board committee may hold a meeting by
telephone conference call, by video conference call, or through
communications over the Internet, in accordance with procedures
provided by Subchapter F, Chapter 551, Government Code, if the
board president or any three board members determine that holding
the meeting in that manner is necessary or convenient. (Acts 56th
Leg., R.S., Ch. 279, Secs. 7 (part), 7a, 34(b).)
Sec. 8510.0211. SEPARATION OF POLICYMAKING AND MANAGEMENT
FUNCTIONS. The board shall develop and implement policies that
clearly separate the board's policymaking responsibilities and the
general manager's and staff's management responsibilities. (Acts
56th Leg., R.S., Ch. 279, Sec. 11a.)
Sec. 8510.0212. ATTORNEYS, AGENTS, AND EMPLOYEES. (a) The
authority may appoint attorneys, agents, and employees, prescribe
their duties, and set their compensation.
(b) The board may remove an authority employee.
(c) The board shall set the term of office and the
compensation to be paid to authority employees. (Acts 56th Leg.,
R.S., Ch. 279, Secs. 11 (part), 22 (part).)
Sec. 8510.0213. GENERAL MANAGER. (a) The board may employ
a general manager.
(b) The board shall set the term of office and the
compensation to be paid to the general manager.
(c) The board may not employ a director as general manager.
(Acts 56th Leg., R.S., Ch. 279, Sec. 11 (part).)
Sec. 8510.0214. DIRECTOR'S, OFFICER'S, OR EMPLOYEE'S SURETY
BOND. (a) A bond required of an authority director, officer, or
employee must be executed by a surety company authorized to do
business in this state, as surety on the bond.
(b) The authority shall pay the premium on the bond. (Acts
56th Leg., R.S., Ch. 279, Sec. 12.)
Sec. 8510.0215. AUTHORITY'S OFFICE. A regular office shall
be established and maintained to conduct the authority's business
inside the authority's territory at a place determined by the
board. (Acts 56th Leg., R.S., Ch. 279, Sec. 8 (part).)
Sec. 8510.0216. RECORDS. The secretary shall maintain a
record of all board proceedings and orders. (Acts 56th Leg., R.S.,
Ch. 279, Sec. 7 (part).)
Sec. 8510.0217. COMPLAINTS. (a) The authority shall
maintain a system to promptly and efficiently act on complaints
filed with the authority.
(b) The authority shall maintain:
(1) information about the subject matter of the
complaint;
(2) information about the parties to the complaint;
(3) a summary of the results of the review or
investigation of the complaint; and
(4) the disposition of the complaint.
(c) Periodically, the authority shall notify the parties to
the complaint of the complaint's status until final disposition.
(d) The authority shall make information available
describing its procedures for complaint investigation and
resolution. (Acts 56th Leg., R.S., Ch. 279, Sec. 35.)
Sec. 8510.0218. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
(a) The board shall develop a policy to encourage the use of
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 alternative dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures. (Acts 56th Leg., R.S., Ch. 279, Sec. 33, as added by
Acts 86th Leg., R.S., Ch. 23.)
Sec. 8510.0219. PUBLIC TESTIMONY. 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 issue
under the authority's jurisdiction. (Acts 56th Leg., R.S., Ch.
279, Sec. 34(a).)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8510.0301. GENERAL POWERS. (a) The authority has:
(1) the functions, powers, rights, and duties as may
permit the authority to accomplish the purposes for which it is
created;
(2) the powers of this state under Section 59, Article
XVI, Texas Constitution; and
(3) all powers, rights, privileges, and functions
conferred on navigation districts by general law.
(b) Except as otherwise provided by this chapter, the
authority has the rights, power, and privileges conferred by the
general law applicable to a water control and improvement district
created under Section 59, Article XVI, Texas Constitution,
including Chapter 51, Water Code.
(c) The authority is governed by Chapters 49, 60, and 62,
Water Code, but in all areas of conflict, Chapter 62 takes
precedence. (Acts 56th Leg., R.S., Ch. 279, Secs. 14a (part), 19
(part), 31; New.)
Sec. 8510.0302. POWERS RELATING TO CONSERVATION AND
BENEFICIAL USE OF WATER. (a) The authority has the powers of this
state under Section 59, Article XVI, Texas Constitution, to
effectuate flood control and the conservation and use of the storm,
flood, and unappropriated waters of the watershed of the Red River
and its tributaries in this state for all beneficial purposes,
subject only to:
(1) the legislature's policy declarations as to water
use;
(2) the commission's continuing supervision and
control;
(3) the provisions of Section 11.024, Water Code,
prescribing the priorities of water uses; and
(4) the water rights acquired by municipalities and
other users.
(b) The authority shall exercise its powers for the greatest
practicable measure of the conservation and beneficial use of the
storm, flood, and unappropriated waters of the watershed of the Red
River and its tributaries in this state in the manner and for the
particular purposes specified by this chapter, including the
exercise of its powers to provide for:
(1) the study, correction, and control of both
artificial and natural pollution of the Red River and its
tributaries;
(2) the control, conservation, and orderly
development of the watershed and water of the Red River and its
tributaries in this state through all practical and legal means;
(3) the preservation of the equitable rights and
beneficial use of the waters for the people of the different
sections of the authority;
(4) the storage, control, and conservation of the
waters of the Red River and its tributaries in this state and the
prevention of the escape of any of those waters without the maximum
of public service;
(5) the prevention of the devastation of lands from
recurrent overflows;
(6) the protection of life and property in the
watershed of the Red River and its tributaries from uncontrolled
flood waters;
(7) the conservation of storm, flood, and
unappropriated waters of the watershed of the Red River and its
tributaries in this state essential for the beneficial uses of the
people of that watershed;
(8) the better encouragement and development of
drainage systems and drainage of lands that need drainage for
profitable agricultural production;
(9) the conservation of soil to prevent destructive
erosion and the increased threat of flooding incident to that
erosion;
(10) the control of those waters and making them
available for use in the development of commercial, industrial, and
agricultural enterprises in all sections of the authority; and
(11) any purpose for which waters when controlled and
conserved may be used in the performance of a useful service as
authorized by the constitution of this state.
(c) For purposes of Subsection (b)(1), the authority may:
(1) adopt rules with regard to the pollution described
by that subdivision;
(2) engage in policing to enforce those rules; and
(3) provide for penalties for violating those rules
consisting of:
(A) fines not to exceed $1,000;
(B) confinement in the county jail for a period
not to exceed 30 days; or
(C) both the fine and confinement.
(d) The general law pertaining to a water control and
improvement district, including Chapters 49 and 51, Water Code,
applies to Subsection (b)(1).
(e) The authority may store and conserve to the greatest
beneficial use the storm, flood, and unappropriated waters of the
Red River in this state or any tributary of that river in the
authority to prevent the escape of water without maximum beneficial
use inside or outside the authority's boundaries. (Acts 56th Leg.,
R.S., Ch. 279, Secs. 14 (part), 14a (part); New.)
Sec. 8510.0303. POWERS REGARDING CANALS, WATERWAYS, AND
RELATED FACILITIES. (a) The authority may:
(1) promote, construct, maintain and operate, or aid
and encourage, the construction, maintenance, and operation of
navigable canals or waterways and all navigational systems or
facilities auxiliary to navigable canals or waterways using the
natural bed and banks of the Red River, where practicable, and then
traversing a route the authority may find to be more feasible and
practicable to connect the Red River in this state with any new
navigation canals to be constructed in the lower reaches of the Red
River or to connect the Red River with the Gulf Intracoastal
Waterway;
(2) construct a system of artificial waterways and
canals, together with all locks and other works, structures, and
artificial facilities as may be necessary and convenient for the
construction, maintenance, and operation of:
(A) navigation canals or waterways; and
(B) all navigational systems and facilities
auxiliary to navigation canals or waterways; and
(3) acquire, improve, extend, take over, construct,
maintain, repair, operate, develop, and regulate ports, levees,
wharves, docks, locks, warehouses, grain elevators, dumping
facilities, belt railways, lands, and all other facilities or aids
to navigation or aids necessary to the operation or development of
ports or waterways in the Red River basin in this state.
(b) A power described by Subsection (a)(3) applies with
respect to a facility or aid described by that subdivision only if
the facility or aid is in a county located inside the authority.
(Acts 56th Leg., R.S., Ch. 279, Sec. 14a (part).)
Sec. 8510.0304. FEDERALLY CONSTRUCTED OR MAINTAINED
CANALS, WATERWAYS, AND FACILITIES. If the construction or
maintenance and operation of navigable canals or waterways and all
navigational systems or facilities auxiliary to navigable canals or
waterways on the Red River in this state is taken over or performed
by the federal government or an agency of the federal government,
then the authority may:
(1) enter into contracts that may be required by the
federal government, including assignments and transfers of
property, property rights, easements, and privileges; and
(2) take any other action required by the federal
government or an agency of the federal government. (Acts 56th Leg.,
R.S., Ch. 279, Sec. 14a (part).)
Sec. 8510.0305. POWER TO CONTROL, DEVELOP, STORE, AND USE
WATER FOR NAVIGATIONAL USE. (a) The authority may control,
develop, store, and use the natural flow and floodwaters of the Red
River and its tributaries for the purpose of operating and
maintaining:
(1) navigable canals or waterways; and
(2) navigational systems or facilities auxiliary to
navigable canals or waterways.
(b) The navigational use of water authorized by Subsection
(a) is subordinate and incidental to consumptive use of water.
(Acts 56th Leg., R.S., Ch. 279, Sec. 14a (part).)
Sec. 8510.0306. POWERS RELATING TO FLOODING. The authority
may effectuate channel rectification or alignment and the
construction, maintenance, and operation of bank stabilization
facilities to:
(1) prevent and aid in preventing devastation of lands
from recurrent overflows; and
(2) protect life and property in the watershed of the
Red River in this state or any tributaries of that river in the
authority from uncontrolled floodwaters. (Acts 56th Leg., R.S.,
Ch. 279, Sec. 14a (part).)
Sec. 8510.0307. MASTER PLAN FOR DEVELOPMENT OF SOIL AND
WATER RESOURCES. (a) The authority shall prepare a master plan for
the maximum development of the soil and water resources of the Red
River watershed inside the authority.
(b) The master plan must include plans for the complete use
of the water resources of the watershed for all economically
beneficial purposes.
(c) A soil and water conservation district in the Red River
watershed shall prepare the portion of the master plan and
amendments to the plan relating to soil conservation, upstream
flood prevention, and watershed protection works in aid of soil
conservation and upstream flood prevention, subject to the approval
of the State Soil and Water Conservation Board.
(d) The master plan must be filed with and approved by the
commission. (Acts 56th Leg., R.S., Ch. 279, Sec. 14(k).)
Sec. 8510.0308. POWERS RELATING TO PARKS AND RECREATIONAL
FACILITIES. (a) The authority may acquire:
(1) additional land adjacent to a permanent
improvement constructed inside the authority for the purpose of
developing public parks and recreational facilities; and
(2) necessary right-of-way for public ingress and
egress to an area described by Subdivision (1).
(b) The authority may provide recreational facilities and
services and may enter into a contract or agreement with any person
for the construction, operation, or maintenance of a park or
recreational facility.
(c) The authority may perform a function necessary to
qualify for a state or federal recreational grant or loan.
(d) The legislature intends that the authority coordinate
the development of any public parks or recreational facilities with
the Parks and Wildlife Department for conformity with the land and
water resources conservation and recreation plan. (Acts 56th Leg.,
R.S., Ch. 279, Sec. 14a (part).)
Sec. 8510.0309. POWERS RELATING TO WASTE FACILITIES; BONDS.
(a) As a necessary aid to the conservation, control, preservation,
and distribution of the water of the Red River and its tributaries
for beneficial use, the authority may:
(1) purchase, construct, improve, repair, operate,
and maintain works and facilities necessary for the collection,
transportation, treatment, and disposal of sewage and industrial
waste and effluent; and
(2) issue bonds for a purpose described by Subdivision
(1).
(b) The authority may contract with:
(1) a municipality or other entity to collect,
transport, treat, and dispose of sewage from the municipality or
entity; and
(2) a municipality for the use of collection,
transportation, treatment, or disposal facilities owned by the
municipality or by the authority.
(c) A bond issued under this section must be:
(1) payable from revenue under a contract described by
this section or from other authority income; and
(2) in the form and issued in the manner prescribed by
law for other revenue bonds and as provided by Sections 8510.0504,
8510.0505, 8510.0506, 8510.0507, 8510.0508, 8510.0509, 8510.0510,
8510.0511, and 8510.0512. (Acts 56th Leg., R.S., Ch. 279, Sec. 14a
(part).)
Sec. 8510.0310. ADDITIONAL POWERS OF AUTHORITY AND OTHER
PERSONS; BONDS. (a) In this section, "public agency" means an
authority, district, municipality, other political subdivision,
joint board, or other public agency created and operating under the
laws of this state.
(b) The authority and a person may:
(1) contract, on terms to which the parties may agree,
with respect to an authority power, function, or duty; and
(2) execute appropriate documents and instruments in
connection with a contract described by Subdivision (1).
(c) The authority may issue bonds in the manner provided by
Sections 8510.0504, 8510.0505, 8510.0506, 8510.0507, 8510.0508,
8510.0510, and 8510.0511 with respect to its powers, including the
powers granted by this section, for the purpose of providing money:
(1) to enable the authority to pay for the costs of
engineering design and studies, surveys, title research,
appraisals, options on property, and other related matters and
activities in connection with planning and implementing various
proposed projects or improvements; and
(2) to operate and maintain a facility.
(d) Notwithstanding any other provision of this chapter,
the authority may undertake and carry out any activities, enter
into loan agreements, leases, or installment sales agreements, and
acquire, construct, own, operate, maintain, repair, improve, or
extend and loan, lease, sell, or otherwise dispose of, on terms
including rentals, sale price, or installment sale payments as the
parties may agree, at any place or location inside the authority's
boundaries, any and all money or bond proceeds, works,
improvements, facilities, plants, buildings, structures,
equipment, and appliances, and all property or any property
interest, that is incident, helpful, or necessary.
(e) The authority may exercise the powers provided by
Subsection (d) to:
(1) provide for the control, storage, preservation,
transmission, treatment, distribution, and use of water, including
storm water, floodwater, and the water of rivers and streams, for
irrigation, electric energy, flood control, municipal, domestic,
industrial, agricultural, and commercial uses and purposes and for
all other beneficial purposes;
(2) supply water for municipal, domestic, electric
energy, industrial, irrigation, oil flooding, mining,
agricultural, and commercial uses and purposes and for all other
beneficial uses and purposes;
(3) generate, produce, distribute, and sell electric
energy; and
(4) facilitate the carrying out of an authority power,
duty, or function.
(f) The purposes stated by Subsection (e) are for the
conservation and development of the natural resources of this state
within the meaning of Section 59, Article XVI, Texas Constitution.
(g) A public agency may:
(1) impose a fee, rate, charge, rental, or other
amount, including a water charge, a sewage charge, a solid waste
disposal system fee and a charge including garbage collection or
handling fee, or another charge or fee, for a service or facility
provided by a utility operated by the public agency, or provided
pursuant to or in connection with a contract with the authority;
(2) impose an amount described by Subdivision (1) on
inhabitants, users, or beneficiaries of the utility, service, or
facility described by that subdivision; and
(3) use or pledge an amount described by Subdivision
(1) to make a payment to the authority required under the contract
and may pledge that amount in an amount sufficient to make all or
any part of the payment to the authority when due.
(h) If a public agency and the authority agree in a
contract, the payment made by the public agency to the authority
under the contract is an expense of operation of a facility or
utility operated by the public agency.
(i) This section does not compel a person or public agency
to secure water, sewer service, or another service from the
authority, except under a voluntarily executed contract. (Acts
56th Leg., R.S., Ch. 279, Secs. 14b(a)(part), (b), (d), (e), (f),
(g), (h)(part), (j).)
Sec. 8510.0311. POWERS RELATING TO CONTRACTS. (a) The
authority may execute any contract and enter into any agreement
necessary to accomplish the purpose for which it was created,
including a contract with a municipality, corporation, or district,
the United States, this state or an agency of this state, or the
state of Oklahoma, Arkansas, or Louisiana, the confines of which
are contiguous or adjacent to the Red River.
(b) The authority may enter into a contract or execute an
instrument necessary or convenient to the exercise of the
authority's powers, rights, privileges, and functions granted by
this chapter and general law pertaining to a water control and
improvement district. (Acts 56th Leg., R.S., Ch. 279, Secs. 16, 22
(part).)
Sec. 8510.0312. POWERS RELATING TO WATER DISTRIBUTION
PLANTS OR SYSTEMS. (a) The authority may contract with a
municipality located inside its boundaries for the purchase, lease,
use, management, control, or operation of a water distribution
plant or system owned by the municipality in accordance with the
terms mutually agreed on by the governing bodies of the authority
and the municipality.
(b) The authority may acquire by a contract described by
Subsection (a) rights in surface water or groundwater belonging to
the municipality.
(c) The authority may use water rights acquired from a
municipality under Subsection (b) only for:
(1) a purpose for which the municipality would be
authorized to use them; and
(2) the purposes of the municipality's water
distribution plant or system. (Acts 56th Leg., R.S., Ch. 279, Sec.
16a.)
Sec. 8510.0313. CONTRACTS FOR SALE AND DELIVERY OF WATER TO
CERTAIN MUNICIPALITIES. The authority may enter into a contract
necessary to provide for the sale and delivery of water to the City
of Eldorado, Oklahoma. (Acts 56th Leg., R.S., Ch. 279, Sec. 16A.)
Sec. 8510.0314. ACQUISITION OF PROPERTY BY GIFT, PURCHASE,
OR EMINENT DOMAIN. (a) In this section, "property" means property
of any kind, including a lighter, tug, barge, or other floating
equipment of any nature.
(b) The authority may acquire by gift or purchase property
or a property interest located inside or outside the authority's
boundaries necessary to the exercise of the powers, rights,
privileges, and functions conferred on the authority by this
chapter and by the exercise of the power of eminent domain in the
manner provided by Subsection (c), provided that the authority is
not required to give bond for appeal or bond for costs in a judicial
proceeding.
(c) The authority may exercise the power of eminent domain
in the manner provided by the general law applicable to a water
control and improvement district.
(d) The authority may not exercise the power of eminent
domain outside the authority's boundaries.
(e) 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 56th Leg., R.S., Ch. 279, Secs. 14a
(part), 18 (part), 19 (part); New.)
Sec. 8510.0315. COST OF RELOCATING OR ALTERING PROPERTY.
If the authority'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
authority's sole expense. (Acts 56th Leg., R.S., Ch. 279, Sec. 18
(part).)
Sec. 8510.0316. ACQUISITION OR OPERATION OF PROPERTY. (a)
In this section, "property" includes:
(1) rights, including surface water rights and
groundwater rights; and
(2) land, tenements, easements, rights-of-way,
improvements, reservoirs, dams, canals, laterals, plants, works,
and facilities.
(b) The authority may investigate, plan, acquire,
construct, maintain, or operate any property the authority
considers necessary or proper to accomplish the purposes for which
the authority is created.
(c) The power described by Subsection (b) includes the power
to acquire, inside or outside the authority, property and all other
rights that are incidental or helpful to carrying out the purposes
for which the authority is created.
(d) The authority may purchase groundwater rights only as
provided by Section 8510.0317.
(e) Notwithstanding the other provisions of this section,
the authority may engage in the generation or distribution of
electric energy only as provided by Section 8510.0310. (Acts 56th
Leg., R.S., Ch. 279, Sec. 19 (part); New.)
Sec. 8510.0317. LIMITATION ON PURCHASE OF GROUNDWATER
RIGHTS. The authority may purchase groundwater rights in a county
inside the authority's territory only if:
(1) there is a groundwater conservation district that
has jurisdiction over water wells located in the county; or
(2) in a county that is not in the jurisdiction of a
groundwater conservation district, the commissioners court of the
county approves the purchase of groundwater rights by the authority
in the county. (Acts 56th Leg., R.S., Ch. 279, Sec. 19a.)
Sec. 8510.0318. LIMITATION ON POWERS OF AUTHORITY REGARDING
GROUNDWATER. This chapter does not authorize the authority to:
(1) acquire or regulate groundwater or groundwater
rights by the exercise of the power of eminent domain; or
(2) regulate the use of groundwater resources. (Acts
56th Leg., R.S., Ch. 279, Sec. 25.)
Sec. 8510.0319. LIMITATION ON POWERS AND DUTIES OF
AUTHORITY; COMMISSION APPROVAL OF CERTAIN PLANS. (a) The
authority's powers and duties under this chapter are subject to all
legislative declarations of public policy in the maximum use of the
waters of the authority's watersheds for the purposes for which the
authority was created.
(b) The commission shall consider the adequacy and
feasibility of, and approve or refuse to approve, each flood
control or conservation plan that is devised to achieve a purpose
for which the authority was created. (Acts 56th Leg., R.S., Ch.
279, Sec. 15 (part).)
Sec. 8510.0320. LIMITATION ON POWER TO MANUFACTURE AND
PRODUCE GASOHOL. The authority may manufacture and produce gasohol
only:
(1) to operate the authority's equipment in an
emergency as determined by the authority's general manager; and
(2) on obtaining any necessary authorization required
by law. (Acts 56th Leg., R.S., Ch. 279, Sec. 14c(a).)
Sec. 8510.0321. SEAL. The authority may use a corporate
seal. (Acts 56th Leg., R.S., Ch. 279, Sec. 22 (part).)
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8510.0401. PROCEDURE FOR PAYMENT. A warrant for the
payment of money by the authority may be drawn and signed by two
authority officers or employees, as designated by a standing order
entered in the authority's minutes, if the account has been
contracted and ordered paid by the board. (Acts 56th Leg., R.S.,
Ch. 279, Sec. 5 (part).)
Sec. 8510.0402. RECEIPT OF MONEY. The treasurer shall
receive and give a receipt for all money received and spent by the
authority. (Acts 56th Leg., R.S., Ch. 279, Sec. 7 (part).)
Sec. 8510.0403. FISCAL YEAR. The authority's fiscal year
ends September 30 of each year. (Acts 56th Leg., R.S., Ch. 279,
Sec. 9 (part).)
Sec. 8510.0404. FILING OF AUDIT REPORT. 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; and
(2) in the office of the auditor. (Acts 56th Leg.,
R.S., Ch. 279, Sec. 9 (part); New.)
Sec. 8510.0405. ASSET MANAGEMENT PLAN. (a) In this
section, "system" means a system for the:
(1) provision of water to the public for human
consumption; or
(2) collection and treatment of wastewater.
(b) The authority shall adopt an asset management plan by:
(1) preparing an asset inventory that identifies the
assets of each system and the condition of the assets;
(2) developing criteria to prioritize assets for
repair or replacement, including:
(A) the date by which the asset will need to be
repaired or replaced;
(B) the importance of the asset in providing safe
drinking water and complying with regulatory standards;
(C) the importance of the asset to the effective
operation of the system; and
(D) other criteria as determined by the
authority;
(3) estimating asset repair and replacement costs;
(4) identifying and evaluating potential financing
options; and
(5) prioritizing systems that are not in compliance
with federal or state regulatory standards, including water quality
standards.
(c) The authority shall review and revise the plan as
necessary to account for regulatory changes and other developments.
(d) The board shall approve the plan annually as part of its
budgeting process. (Acts 56th Leg., R.S., Ch. 279, Sec. 14e.)
Sec. 8510.0406. RATES AND CHARGES. (a) The authority shall
impose rates and other charges for the sale or use of water or for
services sold, provided, or supplied by the authority.
(b) The rates and other charges must be reasonable and
nondiscriminatory but sufficient to provide revenue adequate to:
(1) pay the authority's expenses in carrying out the
functions for which it is created; and
(2) fulfill the terms of any agreements made with the
holders of any of the authority's obligations. (Acts 56th Leg.,
R.S., Ch. 279, Sec. 20 (part).)
Sec. 8510.0407. CHANGES TO RATES AND CHARGES. (a) In this
section, "affected person" has the meaning assigned by Section
13.002, Water Code.
(b) The board shall establish a process to ensure that,
before the authority makes a significant change to a rate or charge
for the sale and use of water, affected persons are provided:
(1) notice of the proposed change; and
(2) an opportunity to provide to the board comments
regarding the proposed change.
(c) The process established under Subsection (b) must
include:
(1) the provision of notice of a proposed change:
(A) on the authority's website; and
(B) in an affected person's utility bills; and
(2) appropriate informational meetings or rate
hearings that provide affected persons the opportunity to provide
public comments about the proposed change to be held:
(A) before sending a statement of intent required
under Chapter 13, Water Code;
(B) in locations as necessary to enable affected
persons to attend; and
(C) after the provision of notice under
Subdivision (1).
(d) The board by rule shall establish a percentage change in
a rate or charge such that a change greater than or equal to that
percentage is considered significant for purposes of Subsection
(b). (Acts 56th Leg., R.S., Ch. 279, Sec. 20a (part).)
Sec. 8510.0408. NOTICE OF RIGHT TO APPEAL CHANGES TO RATES.
(a) In this section, "affected person" has the meaning assigned by
Section 13.002, Water Code.
(b) The authority shall notify affected persons of their
right to appeal changes to rates:
(1) in notices related to changes to rates;
(2) in utility bills sent before the deadline for
initiating an appeal under Chapter 13, Water Code; and
(3) on the authority's website.
(c) The notice required by Subsection (b) must include
descriptions of:
(1) the appeals process;
(2) the requirements for an appeal, including the
number of signatures needed on a petition; and
(3) the methods available for obtaining additional
information related to rates. (Acts 56th Leg., R.S., Ch. 279, Secs.
20a (part), 20b.)
Sec. 8510.0409. DEPOSITORY. (a) The board shall designate
one or more banks in the authority to serve as depository for the
authority's money.
(b) Authority money shall be deposited in a depository,
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 the principal of and interest on bonds. (Acts 56th
Leg., R.S., Ch. 279, Sec. 23 (part).)
Sec. 8510.0410. TAX NOT AUTHORIZED BY CHAPTER. This
chapter does not authorize the authority to impose any form of tax
inside the authority. (Acts 56th Leg., R.S., Ch. 279, Sec. 24.)
SUBCHAPTER E. BORROWED MONEY OR GRANTS
Sec. 8510.0501. POWER TO ISSUE OBLIGATIONS OR WARRANTS.
The authority may issue obligations or warrants to obtain money.
(Acts 56th Leg., R.S., Ch. 279, Sec. 21 (part).)
Sec. 8510.0502. LOANS AND GRANTS. The authority may:
(1) borrow money for its corporate purposes; and
(2) borrow money or accept a grant from the United
States, this state, or any other source, and in connection with the
loan or grant, enter into any agreement or assume any obligation as
may be required. (Acts 56th Leg., R.S., Ch. 279, Sec. 22 (part).)
Sec. 8510.0503. POWER TO SEEK AND ACCEPT CONTRIBUTIONS.
(a) The authority may seek and accept from any source a contribution
to an authority fund for the purpose of funding:
(1) necessary studies;
(2) engineering and other services; and
(3) the collection and computation of data respecting
regional and general conditions that influence the character and
extent of the improvements necessary to effect the authority's
purposes to the greatest public advantage.
(b) A grant or gratuity shall be strictly accounted for and
is subject to the same rules and orders applicable to other money
the authority handles or disburses. (Acts 56th Leg., R.S., Ch. 279,
Sec. 17.)
Sec. 8510.0504. POWER TO ISSUE BONDS. (a) The authority
may issue bonds as authorized by this chapter for the purpose of
providing money for any purpose authorized by this chapter.
(b) The authority, without an election, may issue bonds
payable from the authority's revenue pledged by board resolution.
(c) The bonds must be authorized by a board resolution.
(Acts 56th Leg., R.S., Ch. 279, Secs. 26(a), (b) (part).)
Sec. 8510.0505. FORM OF BONDS. Authority bonds must be:
(1) issued in the authority's name;
(2) signed by the president or vice president; and
(3) attested by the secretary. (Acts 56th Leg., R.S.,
Ch. 279, Sec. 26(b) (part).)
Sec. 8510.0506. MATURITY. Authority bonds must mature not
later than 50 years after the date of their issuance. (Acts 56th
Leg., R.S., Ch. 279, Sec. 26(b) (part).)
Sec. 8510.0507. BONDS PAYABLE FROM REVENUE. (a) In this
section, "net revenue" means the authority's gross revenue less the
amount necessary to pay the cost of maintaining and operating the
authority and the authority's property.
(b) Authority bonds may be secured by a pledge of:
(1) all or part of the authority's net revenue;
(2) the net revenue of a contract entered into at any
time; or
(3) other revenue specified by board resolution.
(c) The pledge may reserve the right to issue additional
bonds on a parity with or subordinate to the bonds being issued,
subject to conditions specified by the pledge. (Acts 56th Leg.,
R.S., Ch. 279, Sec. 26(d).)
Sec. 8510.0508. COMPENSATION RATES. (a) The board shall
set and revise the rates of compensation for:
(1) water the authority sells; and
(2) services the authority renders.
(b) The rates of compensation must be sufficient to:
(1) pay the expense of operating and maintaining the
authority'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
in the resolution authorizing the bonds. (Acts 56th Leg., R.S., Ch.
279, Sec. 26(e).)
Sec. 8510.0509. ADDITIONAL SECURITY. (a) Authority bonds,
including refunding bonds, may be additionally secured by a deed of
trust lien on the authority's physical property and all franchises,
easements, water rights and appropriation permits, leases, and
contracts, and all rights related to the property, vesting in the
trustee power to:
(1) sell the property for payment of the debt;
(2) operate the property; and
(3) take other action to further secure the bonds.
(b) The deed of trust may:
(1) contain any provision the board prescribes to
secure the bonds and preserve the trust estate;
(2) provide for amendment or modification of the deed
of trust; and
(3) provide for the issuance of bonds to replace lost
or mutilated bonds.
(c) A purchaser under a sale under the deed of trust is the
owner of the dam and other property and facilities purchased and is
entitled to maintain and operate the property and facilities, if
the authority forfeits or defaults. (Acts 56th Leg., R.S., Ch. 279,
Sec. 28.)
Sec. 8510.0510. USE OF BOND PROCEEDS. (a) The authority
may set aside an amount of proceeds from the sale of authority bonds
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 authority may use proceeds from the sale of the
bonds to pay any expense necessarily incurred in accomplishing the
authority's purposes. (Acts 56th Leg., R.S., Ch. 279, Sec. 26(f).)
Sec. 8510.0511. APPOINTMENT OF RECEIVER. (a) On default or
threatened default in the payment of the principal of or interest on
authority bonds, a court may appoint a receiver for the authority on
petition of the holders of 25 percent of the outstanding bonds of
the issue in default or threatened with default.
(b) The receiver may collect and receive all authority
income, employ and discharge authority agents and employees, take
charge of money on hand, and manage the authority's proprietary
affairs without the board's consent or hindrance.
(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
56th Leg., R.S., Ch. 279, Sec. 26(g).)
Sec. 8510.0512. REFUNDING BONDS. (a) The authority may
issue refunding bonds to refund outstanding authority bonds and
interest on those bonds.
(b) Refunding bonds may:
(1) be issued to refund bonds of more than one series;
(2) combine the pledges for the outstanding bonds for
the security of the refunding bonds; or
(3) be secured by a pledge of other or additional
revenue.
(c) The provisions of this subchapter regarding the
issuance of other bonds and the remedies of the holders apply to
refunding bonds.
(d) The comptroller shall register the refunding bonds on
surrender and cancellation of the bonds to be refunded.
(e) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
authority, in the resolution authorizing the issuance of the
refunding bonds, may provide for the sale of the refunding bonds and
the deposit of the proceeds in a bank at which the bonds to be
refunded are payable. In that case, the refunding bonds may be
issued in an amount sufficient to pay the interest on the bonds to
be refunded to their option date or maturity date, and the
comptroller shall register the refunding bonds without the
concurrent surrender and cancellation of the bonds to be refunded.
(Acts 56th Leg., R.S., Ch. 279, Sec. 27.)
CHAPTER 8511. NUECES RIVER AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8511.0101. DEFINITIONS
Sec. 8511.0102. NATURE OF AUTHORITY
Sec. 8511.0103. PURPOSE OF CHAPTER
Sec. 8511.0104. REVIEW SCHEDULE UNDER SUNSET ACT
Sec. 8511.0105. TERRITORY
Sec. 8511.0106. LIBERAL CONSTRUCTION OF CHAPTER
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
Sec. 8511.0201. MEMBERSHIP OF BOARD
Sec. 8511.0202. TERMS
Sec. 8511.0203. REMOVAL
Sec. 8511.0204. VACANCY
Sec. 8511.0205. BYLAWS
Sec. 8511.0206. BOND REQUIREMENT FOR DIRECTORS
Sec. 8511.0207. COMPENSATION OF DIRECTORS
Sec. 8511.0208. OFFICERS
Sec. 8511.0209. COMMITTEES
Sec. 8511.0210. EXECUTIVE DIRECTOR
Sec. 8511.0211. DIRECTOR TRAINING PROGRAM
Sec. 8511.0212. INTEREST IN CONTRACT
Sec. 8511.0213. SEPARATION OF POLICYMAKING AND
MANAGEMENT FUNCTIONS
Sec. 8511.0214. PUBLIC TESTIMONY
Sec. 8511.0215. DIRECTORS' AND EMPLOYEES' FIDELITY
BONDS
Sec. 8511.0216. AUTHORITY'S OFFICE
Sec. 8511.0217. COMPLAINTS
Sec. 8511.0218. ALTERNATIVE DISPUTE RESOLUTION
PROCEDURES
Sec. 8511.0219. FIVE-YEAR STRATEGIC PLAN
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8511.0301. GENERAL POWERS AND DUTIES
Sec. 8511.0302. CONTROL AND USE OF WATERS
Sec. 8511.0303. USE OF BED AND BANKS OF NUECES RIVER
AND ITS TRIBUTARIES
Sec. 8511.0304. MASTER PLAN
Sec. 8511.0305. WATER CONSERVATION PROGRAM
Sec. 8511.0306. FORESTATION AND REFORESTATION
Sec. 8511.0307. GROUNDWATER
Sec. 8511.0308. WATER QUALITY CONTROL
Sec. 8511.0309. SOLID WASTE SERVICES
Sec. 8511.0310. APPLICABILITY OF CERTAIN ENVIRONMENTAL
LAWS
Sec. 8511.0311. PARKS AND RECREATIONAL FACILITIES
Sec. 8511.0312. PERMITS AND LICENSES
Sec. 8511.0313. SERVICE CONTRACTS AND CHARGES
Sec. 8511.0314. USE OF REVENUE AND PROPERTY
Sec. 8511.0315. ACQUISITION, MAINTENANCE, AND
OPERATION OF PROPERTY
Sec. 8511.0316. ACQUISITION, CONSTRUCTION,
MAINTENANCE, AND OPERATION OF
FACILITIES
Sec. 8511.0317. EMINENT DOMAIN
Sec. 8511.0318. COST OF RELOCATING OR ALTERING
PROPERTY
Sec. 8511.0319. DISPOSITION OF PROPERTY
Sec. 8511.0320. GENERAL CONTRACT POWERS
Sec. 8511.0321. AWARD OF CERTAIN CONTRACTS
Sec. 8511.0322. CONSTRUCTION CONTRACTS: PAYMENT
Sec. 8511.0323. CONFLICT OF INTEREST IN CERTAIN
CONTRACTS
Sec. 8511.0324. SURVEYS AND ENGINEERING INVESTIGATIONS
Sec. 8511.0325. PLANS
Sec. 8511.0326. ACCESS TO AUTHORITY PROPERTY
Sec. 8511.0327. LIMITATIONS ON POWERS AND DUTIES;
COMMISSION APPROVAL OF CERTAIN PLANS
SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW
PROVISIONS
Sec. 8511.0401. ADOPTION AND ENFORCEMENT OF RULES
Sec. 8511.0402. CIVIL PENALTY; INJUNCTIVE RELIEF
Sec. 8511.0403. COURT REVIEW
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8511.0501. DISBURSEMENT OF MONEY
Sec. 8511.0502. ACCOUNTS, CONTRACTS, AND OTHER
RECORDS; PUBLIC INSPECTION
Sec. 8511.0503. FEES AND CHARGES
Sec. 8511.0504. TRUST MONEY
Sec. 8511.0505. DEPOSITORY
Sec. 8511.0506. INVESTMENT OF AUTHORITY MONEY;
APPLICATION OF INCOME FROM
INVESTMENTS
Sec. 8511.0507. FISCAL YEAR
Sec. 8511.0508. AUDIT
SUBCHAPTER F. TAX PROVISIONS
Sec. 8511.0601. MAINTENANCE AND ADMINISTRATION TAX
Sec. 8511.0602. ELECTION FOR AD VALOREM TAX OR BONDS
PAYABLE FROM AD VALOREM TAXES
Sec. 8511.0603. ASSESSMENT AND COLLECTION OF TAXES
Sec. 8511.0604. MAXIMUM TAX RATE
Sec. 8511.0605. POWERS RELATING TO IMPROVEMENTS
PECULIAR TO DEFINED AREA
SUBCHAPTER G. BONDS, BORROWED MONEY, AND GRANTS
Sec. 8511.0701. BORROWING MONEY; GRANTS
Sec. 8511.0702. POWER TO APPLY FOR MONEY FOR
ENGINEERING SURVEYS, INFORMATION
COMPILATION AND COLLECTION, AND
OTHER PURPOSES
Sec. 8511.0703. POWER TO ISSUE BONDS
Sec. 8511.0704. FORM OF BONDS
Sec. 8511.0705. MATURITY
Sec. 8511.0706. ELECTION FOR BONDS PAYABLE FROM AD
VALOREM TAXES
Sec. 8511.0707. TRUST INDENTURE
Sec. 8511.0708. ADDITIONAL BONDS
Sec. 8511.0709. ADDITIONAL PROVISIONS IN RESOLUTION
AUTHORIZING BONDS OR TRUST INDENTURE
Sec. 8511.0710. REFUNDING BONDS
CHAPTER 8511. NUECES RIVER AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8511.0101. DEFINITIONS. Unless the context otherwise
requires, in this chapter:
(1) "Authority" means the Nueces River Authority.
(2) "Board" means the authority's board of directors.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Development board" means the Texas Water
Development Board.
(5) "Director" means a board member.
(6) "State" means the State of Texas or any of its
agencies, departments, boards, political subdivisions, or other
entities.
(7) "Waste" means sewage, industrial waste, municipal
waste, recreational waste, agricultural waste, waste heat, solid
waste, or any other waste. (Acts 44th Leg., 1st C.S., Ch. 427,
Secs. 1.02(1), (2), (4), (6), (7), (8); New.)
Sec. 8511.0102. NATURE OF AUTHORITY. (a) The authority is:
(1) a conservation and reclamation district under
Section 59, Article XVI, Texas Constitution; and
(2) a municipality.
(b) The authority's creation is essential to accomplish the
purposes of Section 59, Article XVI, Texas Constitution. (Acts
44th Leg., 1st C.S., Ch. 427, Sec. 2.01 (part).)
Sec. 8511.0103. PURPOSE OF CHAPTER. The purpose of this
chapter is to provide by the means and in the manner authorized in
this chapter for the conservation and development of this state's
natural resources inside the Nueces River 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, recreation and pleasure, and other beneficial uses and
purposes;
(2) the reclamation and irrigation of arid, semiarid,
and other 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 in the Nueces River Basin;
(5) the conservation and development of the forests,
water, and hydroelectric power;
(6) the navigation of inland and coastal water; and
(7) the provision of systems, facilities, and
procedures for the collection, transportation, handling,
treatment, and disposal of waste. (Acts 44th Leg., 1st C.S., Ch.
427, Sec. 1.01.)
Sec. 8511.0104. 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, 2031, and every 12th year after that year.
(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 1.02A(a) (part).)
Sec. 8511.0105. TERRITORY. (a) The authority is composed
of the territory described by Section 2.02(a), Chapter 427, Acts of
the 44th Legislature, 1st Called Session, 1935, as that territory
may have been modified under:
(1) Subsection (c) or its predecessor statute, Section
2.02(c), Chapter 427, Acts of the 44th Legislature, 1st Called
Session, 1935;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The board shall record in the authority's minutes the
written description of the boundaries in Section 2.02(a), Chapter
427, Acts of the 44th Legislature, 1st Called Session, 1935.
(c) If the directors find any land included in the field
notes, other than land in San Patricio, Nueces, and Jim Wells
Counties, that is not actually included in the watershed of the
Nueces River, the board shall exclude the land from the authority
and file a certificate of exclusion with the county clerk of the
county in which the land is located. The certificate of exclusion
must describe the boundaries of the land excluded so that the land
remaining in the authority may be adequately identified.
(d) The boundaries and field notes of the authority form a
closure. A mistake in the field notes or in copying the field notes
in the legislative process 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;
(3) the right to impose a tax; or
(4) the legality or operation of the authority or its
governing body. (Acts 44th Leg., 1st C.S., Ch. 427, Secs. 2.02(b),
(c); Acts 64th Leg., R.S., Ch. 699, Sec. 5; Acts 69th Leg., R.S.,
Ch. 665, Sec. 3; New.)
Sec. 8511.0106. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to achieve its purposes.
(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 1.03 (part).)
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
Sec. 8511.0201. MEMBERSHIP OF BOARD. (a) The board
consists of 21 directors appointed by the governor with the advice
and consent of the senate.
(b) Each director must be a qualified voter and a resident
of a county that is wholly or partly inside the authority as
described by Section 2.02(a), Chapter 427, Acts of the 44th
Legislature, 1st Called Session, 1935.
(c) Four directors must be residents of Nueces County. Two
directors must be residents of San Patricio County. Two directors
must be residents of Jim Wells County.
(d) Not more than four persons who reside in Nueces County
and not more than two persons who reside in any other county that is
wholly or partly inside the authority may be appointed to or serve
on the board at the same time. (Acts 44th Leg., 1st C.S., Ch. 427,
Secs. 2.03(a), (b).)
Sec. 8511.0202. TERMS. Directors serve staggered terms of
six years, with one-third of the directors taking office February 1
of each odd-numbered year. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
2.03(c).)
Sec. 8511.0203. 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 conduct 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) At least 30 days before the date of the hearing, the
director shall be given 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 11 of the
directors is required to approve a removal recommendation.
(e) A removal recommendation shall be forwarded to the
governor for the governor's consideration and action in accordance
with this section. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
2.03(f).)
Sec. 8511.0204. VACANCY. A board vacancy shall be filled in
the manner provided by Section 8511.0201 for making the original
appointment. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.03(e).)
Sec. 8511.0205. BYLAWS. The board shall adopt necessary
bylaws for the conduct of the authority's business. (Acts 44th
Leg., 1st C.S., Ch. 427, Sec. 2.03(h).)
Sec. 8511.0206. BOND REQUIREMENT FOR DIRECTORS. (a) 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.
(b) The authority shall pay the premiums on the bond. (Acts
44th Leg., 1st C.S., Ch. 427, Secs. 2.03(d), 2.08(b) (part).)
Sec. 8511.0207. COMPENSATION OF DIRECTORS. (a) A director
is entitled to receive an allowance in an amount not to exceed that
provided under Section 49.060, Water Code.
(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 this section, Section
49.060, Water Code, takes precedence. (Acts 44th Leg., 1st C.S.,
Ch. 427, Sec. 2.05.)
Sec. 8511.0208. OFFICERS. (a) The governor shall
designate a director as board president to serve in that capacity at
the governor's pleasure.
(b) The board shall elect one or more vice presidents, a
secretary, a treasurer, and any other officers as the directors may
determine in the bylaws or otherwise.
(c) Each vice president, the secretary, and the treasurer
must be a director, but other officers are not required to be
directors.
(d) The offices of secretary and treasurer may be combined,
and the offices of assistant secretary and assistant treasurer may
be combined. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.03(i).)
Sec. 8511.0209. COMMITTEES. (a) The board may appoint or
establish an executive committee and appoint or provide for the
appointment of other committees 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 prescribe.
(c) A committee member who is not a director may not vote on
a matter coming before the committee unless specifically authorized
by the board to do so. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
2.06.)
Sec. 8511.0210. EXECUTIVE DIRECTOR. (a) The board may
employ an executive director and set the executive director's
salary and other compensation by a majority vote of all the
qualified directors.
(b) The executive director is the authority's chief
executive officer.
(c) Under policies the board and the executive committee
establish, the executive director is responsible to the board and
the executive committee for:
(1) administering the directives of the board and the
executive committee;
(2) keeping the authority's records, including minutes
of 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 or the executive committee; and
(7) performing any other duties assigned to the
executive director by the board or the executive committee.
(d) The board may discharge the executive director by a
majority vote of all the qualified directors. (Acts 44th Leg., 1st
C.S., Ch. 427, Sec. 2.07.)
Sec. 8511.0211. 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 authority operations;
(2) the authority's programs, functions, rules, and
budget;
(3) the results of the authority's most recent formal
audit;
(4) the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
of interest; and
(B) other laws applicable to members of the
governing body of a river authority in performing their duties; and
(5) any applicable ethics policies adopted by the
authority 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 executive director shall create a training manual
that includes the information required by Subsection (b). The
executive director shall distribute a copy of the training manual
annually to each director. Each director shall sign and submit to
the executive director a statement acknowledging that the director
has received and reviewed the training manual. (Acts 44th Leg., 1st
C.S., Ch. 427, Sec. 2.03A.)
Sec. 8511.0212. INTEREST IN CONTRACT. (a) A director who
is financially interested in a contract to be executed by the
authority 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) An interest described by Subsection (a) does not affect
the validity of a contract if the disclosure is made and the
interested director does not vote on the question of entering into
the contract. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.04.)
Sec. 8511.0213. SEPARATION OF POLICYMAKING AND MANAGEMENT
FUNCTIONS. The board shall develop and implement policies that
clearly separate the board's policymaking responsibilities and the
executive director's and staff's management responsibilities.
(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.08A.)
Sec. 8511.0214. PUBLIC TESTIMONY. (a) 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 issue under the authority's jurisdiction.
(b) At each regular board meeting, the board shall include
public testimony as a meeting agenda item and allow members of the
public to comment on other agenda items and other matters under the
authority's jurisdiction. The board may not deliberate on or decide
a matter not included in the meeting agenda, except that the board
may discuss including the matter on the agenda for a subsequent
meeting. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 2.06A.)
Sec. 8511.0215. DIRECTORS' AND EMPLOYEES' FIDELITY BONDS.
(a) The executive director, the treasurer, and each of the
authority's officers, agents, or employees who is charged with the
collection, custody, or payment of authority money shall execute a
fidelity bond.
(b) The board must approve the bond's form, amount, and
surety.
(c) The authority shall pay the premiums on the bond. (Acts
44th Leg., 1st C.S., Ch. 427, Secs. 2.08(a), (b) (part).)
Sec. 8511.0216. AUTHORITY'S OFFICE. The authority shall
maintain its principal office inside its boundaries. (Acts 44th
Leg., 1st C.S., Ch. 427, Sec. 2.09.)
Sec. 8511.0217. COMPLAINTS. (a) The authority shall
maintain a system to act promptly and efficiently on complaints
filed with the authority.
(b) The authority shall maintain information about:
(1) the parties to the complaint;
(2) the subject matter of the complaint;
(3) a summary of the results of the review or
investigation of the complaint; and
(4) the complaint's disposition.
(c) The authority shall periodically notify the parties to
the complaint of the complaint's status until final disposition.
(d) The authority shall make information available
describing its procedures for complaint investigation and
resolution. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.27.)
Sec. 8511.0218. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
(a) The board shall develop a policy to encourage the use of
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 alternative dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.18A.)
Sec. 8511.0219. FIVE-YEAR STRATEGIC PLAN. (a) The
authority shall adopt and promptly publish on the authority's
Internet website a written strategic plan that:
(1) sets the authority's goals for the following five
years;
(2) establishes the authority's mission; and
(3) describes the anticipated activities that the
authority will perform in the Nueces River Basin over the following
five years.
(b) The authority shall update the strategic plan regularly
and publish the updated versions of the plan on the authority's
Internet website. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.28.)
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8511.0301. 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, privileges, and
functions in this chapter;
(2) exercise all powers, rights, and privileges
necessary or convenient for accomplishing the purposes of this
chapter; and
(3) perform any other 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 authority's maintenance, operation, and
administration. (Acts 44th Leg., 1st C.S., Ch. 427, Secs. 2.01
(part), 3.01(a), (b), 3.24.)
Sec. 8511.0302. CONTROL AND USE OF WATERS. (a) The
authority may exercise power over the storm water and floodwater of
the Nueces River Basin.
(b) The authority may exercise the powers of control and use
of this 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 Nueces River Basin as a unit;
(2) to provide for the preservation of the rights of
the people of the different sections of the Nueces River Basin in
the beneficial use of water by adequate organization and
administration;
(3) to provide for conserving storm water, floodwater,
and unappropriated flow water of the Nueces River Basin, including
the storage, control, transportation, treatment, and distribution
of that water, and the prevention of the escape of any of that 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 Nueces River Basin from uncontrolled floodwater;
(6) to provide for the conservation of water essential
for domestic and other water uses of the people of the Nueces River
Basin, including all necessary water supplies for municipalities
and industrial districts;
(7) to provide for the irrigation of land in the Nueces
River Basin where irrigation is required for agricultural purposes
or may be 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 Nueces River and its tributary streams needing
drainage for profitable agricultural and livestock production and
industrial activities and the drainage of other land in the
authority's watershed area requiring drainage 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 may be
authorized by the commission in the development of commercial and
industrial enterprises in all sections of the authority's watershed
area;
(12) to provide for the control, storage, and use of
storm water, floodwater, and unappropriated flow water in the
development and distribution of hydroelectric power, if that use
may be economically coordinated with other and superior uses and
subordinated to the uses declared by law to be superior; and
(13) 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 statutes.
(c) The authority may:
(1) control, store, and preserve the water of the
Nueces River and its tributaries inside the authority's boundaries
for a useful purpose;
(2) use, distribute, and sell the water for a
beneficial purpose inside and outside the authority; and
(3) acquire water and water rights inside and outside
the authority.
(d) All plans and works provided by the authority and all
works that may be provided under the authority's authorization
should have primary regard to the necessity and potential needs for
water by or in the respective areas constituting the watershed of
the Nueces River and its tributary streams. (Acts 44th Leg., 1st
C.S., Ch. 427, Sec. 3.02.)
Sec. 8511.0303. USE OF BED AND BANKS OF NUECES RIVER AND ITS
TRIBUTARIES. Subject to the commission's approval, the authority
may use the bed and banks of the Nueces 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 44th Leg., 1st C.S., Ch. 427, Sec.
3.21.)
Sec. 8511.0304. MASTER PLAN. (a) The authority shall
prepare and file with the commission a master plan for the maximum
development of the soil and water resources of the entire Nueces
River watershed, including plans for the complete use, for all
economically beneficial purposes, of the watershed's water
resources. The authority may amend the master plan as appropriate
to accomplish the purposes of this section.
(b) After the master plan or any amendments to the plan have
been filed with the commission, notice of the application of any
person who desires to acquire the right to use state water that is
in the Nueces River watershed shall be provided to the authority.
After public hearing as provided by law, the commission may grant or
deny the proposed application in the manner required by law,
notwithstanding any contrary provision of the master plan or any
amendments to the plan.
(c) Each work constructed by the authority shall be
constructed and operated in a manner that, in the greatest
practicable degree, conforms to the master plan and any amendments
to the plan.
(d) This section may not be construed to interfere with any
improvement of the Nueces River or its tributaries or with a grant
or loan in aid of any improvement made by the United States or by
this state. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.22.)
Sec. 8511.0305. WATER CONSERVATION PROGRAM. The board
shall adopt and implement a program of water conservation that:
(1) incorporates 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; and
(2) the commission and development board determine
meets reasonably anticipated local needs and conditions. (Acts
44th Leg., 1st C.S., Ch. 427, Sec. 3.22A.)
Sec. 8511.0306. FORESTATION AND REFORESTATION. The
authority may forest, reforest, or aid in foresting or reforesting
the watershed of the Nueces River and its tributaries. (Acts 44th
Leg., 1st C.S., Ch. 427, Sec. 3.03.)
Sec. 8511.0307. GROUNDWATER. (a) The authority may
conduct surveys and studies of the groundwater supplies in the
authority to:
(1) determine the location and quantity of groundwater
available for irrigation and other purposes; and
(2) develop and ascertain other information that in
the authority's judgment may be necessary to fully develop
irrigation and other 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 Nueces River Basin.
(c) The authority shall cooperate with the Edwards Aquifer
Authority, or its lawful successor, and any other groundwater
conservation district inside the authority's boundaries in any
groundwater recharge project in an area where a groundwater
conservation district has jurisdiction. (Acts 44th Leg., 1st C.S.,
Ch. 427, Sec. 3.04.)
Sec. 8511.0308. WATER QUALITY CONTROL. (a) The authority
may exercise the powers vested in a river authority by Chapters 5,
7, 17, 26, and 30, Water Code, and Chapter 366, Health and Safety
Code.
(b) The authority may perform the licensing and other
functions authorized to be delegated to a local government by the
commission in connection with the regulation of private sewage
facilities under Chapter 366, Health and Safety Code.
(c) The authority may serve as the entity to provide
regional or area-wide waste collection, treatment, and disposal
systems as provided by Subchapter C, Chapter 26, Water Code. (Acts
44th Leg., 1st C.S., Ch. 427, Sec. 3.05.)
Sec. 8511.0309. SOLID WASTE SERVICES. The authority may
acquire, construct, maintain, and provide facilities, equipment,
and disposal sites to provide solid waste collection,
transportation, treatment, and disposal services inside the
authority, charge for the services, and enter into a contract for
the services with any person. (Acts 44th Leg., 1st C.S., Ch. 427,
Sec. 3.06.)
Sec. 8511.0310. APPLICABILITY OF CERTAIN ENVIRONMENTAL
LAWS. The authority may exercise the powers and functions vested in
a river authority by Chapter 383, Health and Safety Code. (Acts
44th Leg., 1st C.S., Ch. 427, Sec. 3.26.)
Sec. 8511.0311. PARKS AND RECREATIONAL FACILITIES. The
authority may:
(1) acquire land adjacent to or in the vicinity of the
Nueces River or any of its tributaries for park and recreational
purposes; and
(2) acquire, construct, and maintain park and
recreational facilities on the land. (Acts 44th Leg., 1st C.S., Ch.
427, Sec. 3.07.)
Sec. 8511.0312. PERMITS AND LICENSES. In the manner
provided by Chapters 5, 11, and 12, Water Code, the authority may
apply for any permit, license, franchise, or other grant of
authority it may require from the commission, the development
board, or any other federal, state, or local governmental agency in
exercising its powers and accomplishing the purposes under this
chapter. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.08.)
Sec. 8511.0313. SERVICE CONTRACTS AND CHARGES. (a) The
authority may enter into a service contract 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) water transmission, treatment, and storage
facility services;
(3) solid and liquid waste collection, treatment, and
disposal services and facilities;
(4) the use of park and recreational facilities;
(5) the sale of power and electric energy; and
(6) other services or facilities sold, provided, or
supplied by the authority.
(b) The fees and charges must be sufficient to produce
revenue adequate to:
(1) pay expenses necessary for the operation and
maintenance of the authority's properties and facilities;
(2) pay the principal of or the 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 44th
Leg., 1st C.S., Ch. 427, Sec. 3.09.)
Sec. 8511.0314. USE OF REVENUE AND PROPERTY. The use of any
authority money or property for any purpose not provided by this
chapter is prohibited. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
4.06(b).)
Sec. 8511.0315. 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
functions. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.11(a).)
Sec. 8511.0316. ACQUISITION, CONSTRUCTION, MAINTENANCE,
AND OPERATION OF FACILITIES. The authority may acquire in any
manner, 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. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
3.12.)
Sec. 8511.0317. EMINENT DOMAIN. (a) The authority may
exercise the power of eminent domain under Chapter 21, Property
Code, to acquire property of any kind inside or outside the
authority that is appropriate for the exercise of its functions.
(b) 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 44th Leg., 1st C.S., Ch. 427, Sec.
3.10; New.)
Sec. 8511.0318. COST OF RELOCATING OR ALTERING PROPERTY.
(a) In this section, "sole expense" means the actual cost of
relocating, raising, 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 authority's exercise of the power of eminent
domain, the power of relocation, or any other power 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 authority's sole
expense. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.14.)
Sec. 8511.0319. DISPOSITION OF PROPERTY. The authority
may:
(1) sell any property or interest in property of any
kind owned by the authority by installments or otherwise, including
a sale in any manner prescribed or permitted by:
(A) Chapter 383, Health and Safety Code;
(B) Section 552.014, Local Government Code; or
(C) Chapter 30, Water Code; or
(2) lease, exchange, or otherwise dispose of any
property described by Subdivision (1) or interest in property.
(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.11(b).)
Sec. 8511.0320. GENERAL CONTRACT POWERS. 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. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.15(a).)
Sec. 8511.0321. AWARD OF CERTAIN CONTRACTS. (a) Any
construction, maintenance, operation, or repair contract, or
contract for the purchase of material, equipment, or supplies, or
any contract for services other than technical, scientific, legal,
fiscal, or other professional services, which will require an
estimated expenditure of more than $10,000, or is for a term of six
months or more, shall be awarded to the lowest and best bidder.
(b) In the event of a catastrophe or calamity of any kind,
the authority may award a contract necessary to protect and
preserve the public health and welfare or the authority's property
without using bidding procedures.
(c) The authority:
(1) shall publish notice:
(A) to bidders once each week for three
consecutive weeks before the date set for awarding the contract;
and
(B) in a newspaper having general circulation in
the county or counties in which the contract is to be performed; and
(2) may publish notice in any other appropriate
publication.
(d) The notice is sufficient if it states the time and place
when and where the bids will be opened, the general nature of the
work to be done, or the material, equipment, or supplies to be
purchased, or the nonprofessional services to be rendered, and
states the terms upon which copies of the plans, specifications, or
other pertinent information may be obtained.
(e) A person who desires to bid on the construction of any
advertised work 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. A charge may be made 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 and shall announce the bids. The place where
the bids are opened and announced must be open to the public. The
award of the contract shall be made by:
(1) the board; or
(2) the executive committee, if authorized by the
board.
(h) The person with whom a contract is made shall provide
the performance and payment bonds required by law.
(i) The amount of 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.
(k) The authority may waive any informality in the bids.
(l) 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 in accordance
with Chapter 30, Water Code, Chapter 383, Health and Safety Code, or
other applicable statutes; or
(3) purchasing or acquiring surplus property from a
governmental entity. (Acts 44th Leg., 1st C.S., Ch. 427, Secs.
3.15(b), (c), (d), (e), (f), (h), (i).)
Sec. 8511.0322. 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 authority engineer's report.
(b) The executive director shall, at all times during the
progress of the work, inspect the work or have the work inspected by
the authority engineer or the engineer's assistants.
(c) On certification of the executive director and the
authority 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 Section 8511.0321(c), on
board approval, the authority shall draw a warrant on its
depository to pay the balance due on the contract. (Acts 44th Leg.,
1st C.S., Ch. 427, Sec. 3.15(g).)
Sec. 8511.0323. CONFLICT OF INTEREST IN CERTAIN CONTRACTS.
An officer, agent, or employee of the authority who is financially
interested in a contract of a type described by Section
8511.0321(a) shall disclose that fact to the board before the board
votes on the acceptance of the contract. (Acts 44th Leg., 1st C.S.,
Ch. 427, Sec. 3.15(j).)
Sec. 8511.0324. SURVEYS AND ENGINEERING INVESTIGATIONS.
The authority shall conduct surveys and engineering investigations
to develop information for its use. (Acts 44th Leg., 1st C.S., Ch.
427, Sec. 3.19 (part).)
Sec. 8511.0325. PLANS. The board may:
(1) make and determine plans necessary to accomplish
the purposes for which the authority is created; and
(2) perform all actions useful and helpful in carrying
out the plans described by Subdivision (1) and accomplishing the
authority's purposes. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.19
(part).)
Sec. 8511.0326. ACCESS TO AUTHORITY PROPERTY. (a) To
provide for the safety and welfare of persons and their property or
for the protection and security of authority property and
facilities, the board may adopt rules with respect to authority
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
September 1, 1975, 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 lawful authority. (Acts
44th Leg., 1st C.S., Ch. 427, Sec. 3.20.)
Sec. 8511.0327. LIMITATIONS ON POWERS AND DUTIES;
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 Nueces River 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 44th Leg.,
1st C.S., Ch. 427, Secs. 3.25(a) (part), (b).)
SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW
PROVISIONS
Sec. 8511.0401. ADOPTION AND ENFORCEMENT OF RULES. (a) The
authority may adopt and enforce rules reasonably required to
effectuate this chapter.
(b) In adopting rules, the board shall comply, as
appropriate, with the requirements of Chapters 2001 and 2002,
Government Code.
(c) The board shall print its rules and provide copies to
any person on written request. (Acts 44th Leg., 1st C.S., Ch. 427,
Sec. 3.16.)
Sec. 8511.0402. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A
person who violates an authority rule or order 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 a 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 44th Leg., 1st C.S., Ch. 427,
Sec. 3.17.)
Sec. 8511.0403. COURT REVIEW. (a) A person adversely
affected by an authority rule or order 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 took effect.
(b) Venue for a suit under Subsection (a) is in:
(1) a county located wholly or partly in the authority
in which the plaintiff resides; or
(2) the county in which the authority maintains its
principal office. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 3.18.)
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8511.0501. DISBURSEMENT OF MONEY. The authority may
disburse its money only by a check, draft, order, or other
instrument signed by a person authorized to do so in the board's
bylaws or by board resolution. (Acts 44th Leg., 1st C.S., Ch. 427,
Sec. 4.01.)
Sec. 8511.0502. 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 a record that it has relating to a trade secret or the
economics of operation of business or industry.
(d) Except as provided by Subsection (c), the authority
shall permit reasonable public inspection of its records during
regular business hours. (Acts 44th Leg., 1st C.S., Ch. 427, Secs.
2.10(a), (c), (d), (e).)
Sec. 8511.0503. 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 on the authority by this
chapter. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 4.02.)
Sec. 8511.0504. 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 44th Leg.,
1st C.S., Ch. 427, Sec. 4.05.)
Sec. 8511.0505. DEPOSITORY. (a) The board shall designate
one or more banks inside or outside the authority to serve as a
depository for authority money.
(b) Authority money shall be deposited in a depository
designated by the board, except that the following may be handled as
provided in a trust indenture or bond resolution:
(1) bond proceeds;
(2) money pledged to pay bonds;
(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 bonds.
(c) The board shall prescribe the term of service for a
depository.
(d) Before designating a depository, 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.
(e) The notice must:
(1) state the time and place at which the board will
meet to designate a depository; and
(2) invite the banks inside the authority to submit
applications to be designated a depository.
(f) 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 authority money; and
(B) that the board finds have proper management
and are in condition to handle authority money.
(g) Membership on the board of an officer or director of a
bank does not disqualify the bank from being designated as a
depository.
(h) If the board does not receive any applications before
the time stated in the notice, the board shall designate one or more
banks inside or outside the authority on terms that the board finds
advantageous to the authority. (Acts 44th Leg., 1st C.S., Ch. 427,
Secs. 4.09(a) (part), (b), (c), (d).)
Sec. 8511.0506. INVESTMENT OF AUTHORITY MONEY; APPLICATION
OF INCOME FROM INVESTMENTS. (a) Money in the authority's 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;
(D) a bank for cooperatives; or
(E) the successor or successors to any of the
entities listed in this subdivision;
(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 kind specified by Subdivision (3);
(5) other securities made eligible for investment
under this section by other laws and constitutional provisions; 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 must
provide appropriate recitals with regard to the investment of money
in funds established in connection with the authorization of the
bonds.
(d) The board shall direct the application of income from
investments made under this section. (Acts 44th Leg., 1st C.S., Ch.
427, Sec. 4.07.)
Sec. 8511.0507. FISCAL YEAR. The authority's fiscal year
ends on August 31 of each year. (Acts 44th Leg., 1st C.S., Ch. 427,
Sec. 4.08(a).)
Sec. 8511.0508. 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;
and
(5) with the comptroller. (Acts 44th Leg., 1st C.S.,
Ch. 427, Secs. 4.08(b) (part), (c); New.)
SUBCHAPTER F. TAX PROVISIONS
Sec. 8511.0601. MAINTENANCE AND ADMINISTRATION TAX. (a)
The board may impose ad valorem taxes in amounts approved at an
election held in accordance with Section 8511.0602 for:
(1) the maintenance of the authority and its
improvements; or
(2) the authority's administrative expenses.
(b) The maintenance tax and administration tax may not
exceed the maximum rate approved at the election, and the rate
remains in effect until changed by a subsequent election. The tax
rate may not exceed the limit specified by Section 8511.0604. (Acts
44th Leg., 1st C.S., Ch. 427, Sec. 5.05.)
Sec. 8511.0602. ELECTION FOR AD VALOREM TAX OR BONDS
PAYABLE FROM AD VALOREM TAXES. (a) An ad valorem tax for a purpose
authorized by this chapter may not be imposed and bonds payable
wholly or partly from ad valorem taxes, other than refunding bonds,
may not be issued unless the taxes or bonds are approved by a
majority of the authority's voters voting at an election held in the
authority.
(b) The election must be ordered by resolution of the board.
The election resolution must include:
(1) the date of the election;
(2) the proposition to be submitted and voted on;
(3) the polling places; and
(4) any other matters the board considers advisable.
(c) There must be at least two polling places in each county
that is wholly inside the authority, one of which must be at the
county seat. There must be at least one polling place in that part
of each county that is partly inside the authority.
(d) Notice of the election must be given by publishing a
substantial copy of the resolution ordering the election in one or
more newspapers of general circulation in the authority. The
notice must be published at least twice in each newspaper. The
first publication in each newspaper must occur at least 14 days
before the date set for the election, and the interval between the
publications in each newspaper must be at least one week. (Acts
44th Leg., 1st C.S., Ch. 427, Sec. 5.06 (part).)
Sec. 8511.0603. ASSESSMENT AND COLLECTION OF TAXES. (a)
Concurrently with the imposition of county taxes by the
commissioners courts, the board shall impose a tax for the
authority on all taxable property in the authority that is subject
to taxation. The board shall immediately certify the tax rate to
the assessor-collector of each county located wholly or partly
inside the authority.
(b) The tax assessor-collector of each county located
wholly or partly inside the authority shall act as the tax
assessor-collector for the authority for property in the authority
located in that county.
(c) The fee of each county tax assessor-collector for
assessing and collecting the authority's taxes may not exceed one
percent of the taxes collected, to be paid over and disbursed in
each county in the same manner as other fees of office. (Acts 44th
Leg., 1st C.S., Ch. 427, Secs. 5.07(b) (part), (c) (part), (f).)
Sec. 8511.0604. MAXIMUM TAX RATE. Except as provided by
Section 8511.0605, the maximum tax rate that may be imposed for any
year for all purposes is 15 cents on each $100 of assessed valuation
of taxable property. (Acts 44th Leg., 1st C.S., Ch. 427, Sec. 5.08;
New.)
Sec. 8511.0605. POWERS RELATING TO IMPROVEMENTS PECULIAR TO
DEFINED AREA. (a) The authority may exercise the powers specified
by Sections 51.510 through 51.530, Water Code, relating to
improvements peculiar to defined areas inside the authority.
(b) The tax rate limit specified by Section 8511.0604 does
not apply with respect to an improvement constructed in exercise of
a power authorized by this section. (Acts 44th Leg., 1st C.S., Ch.
427, Sec. 5.09 (part).)
SUBCHAPTER G. BONDS, BORROWED MONEY, AND GRANTS
Sec. 8511.0701. BORROWING MONEY; 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 any money accepted by the authority is
public information, both as to amount and any restrictions placed
by the donor on its expenditure. (Acts 44th Leg., 1st C.S., Ch.
427, Sec. 4.03.)
Sec. 8511.0702. POWER TO APPLY FOR MONEY FOR ENGINEERING
SURVEYS, INFORMATION COMPILATION AND COLLECTION, AND OTHER
PURPOSES. (a) The authority may apply to any person, including
this state and the United States, for money necessary to:
(1) secure engineering surveys and the compilation and
collection of information 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 floodwater,
normal flow water, and storm water that is stored and controlled; or
(2) accomplish or carry out any purpose 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 information. (Acts 44th Leg., 1st C.S., Ch. 427, Sec.
4.04.)
Sec. 8511.0703. POWER TO ISSUE BONDS. (a) For the purpose
of carrying out any power conferred by this chapter, including
preparation of the master plan and payment of engineering and
related expenses, the authority may issue bonds in three general
classes:
(1) bonds secured by ad valorem taxes;
(2) bonds secured by a pledge of all or part of the
revenue accruing to the authority from any source other than ad
valorem taxes, including the revenue received from:
(A) the sale of water or other products;
(B) the rendition of services;
(C) tolls; and
(D) charges; and
(3) bonds secured by a combination pledge of:
(A) taxes; and
(B) all or part of the revenue described by
Subdivision (2).
(b) The bonds must be authorized by a board resolution.
(Acts 44th Leg., 1st C.S., Ch. 427, Secs. 5.01(a), (b) (part).)
Sec. 8511.0704. FORM OF BONDS. Authority bonds must be:
(1) in the form the board prescribes;
(2) issued in the authority's name;
(3) signed by the president or a vice president; and
(4) attested by the secretary. (Acts 44th Leg., 1st
C.S., Ch. 427, Sec. 5.01(b) (part).)
Sec. 8511.0705. MATURITY. Authority bonds must mature not
later than 50 years after the date of their issuance. (Acts 44th
Leg., 1st C.S., Ch. 427, Sec. 5.01(b) (part).)
Sec. 8511.0706. ELECTION FOR BONDS PAYABLE FROM AD VALOREM
TAXES. (a) Authority bonds, other than refunding bonds, payable
wholly or partly from ad valorem taxes may not be issued unless
authorized by an election at which a majority of the votes cast
favor the bond issuance. The election must be held in accordance
with Section 8511.0602.
(b) The authority may issue bonds not payable wholly or
partly from ad valorem taxes without an election. (Acts 44th Leg.,
1st C.S., Ch. 427, Sec. 5.04.)
Sec. 8511.0707. TRUST INDENTURE. Authority bonds may be
further secured by a trust indenture with a corporate trustee.
(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 5.01(b) (part).)
Sec. 8511.0708. ADDITIONAL BONDS. A pledge of revenue may
reserve the right, under conditions specified by the pledge, to
issue additional bonds that will be on a parity with or subordinate
to the bonds then being issued. (Acts 44th Leg., 1st C.S., Ch. 427,
Sec. 5.01(c) (part).)
Sec. 8511.0709. ADDITIONAL PROVISIONS IN RESOLUTION
AUTHORIZING BONDS OR TRUST INDENTURE. (a) The resolution
authorizing the bonds or the trust indenture further securing the
bonds may specify additional provisions that constitute a contract
between the authority and its bondholders.
(b) The board has full discretion in providing for the
additional provisions, including the authority to provide for a
corporate trustee or receiver to take possession of authority
facilities if the authority defaults in fulfilling the covenants
made in the resolution or trust indenture. (Acts 44th Leg., 1st
C.S., Ch. 427, Sec. 5.01(d).)
Sec. 8511.0710. REFUNDING BONDS. (a) The authority may
issue refunding bonds to refund outstanding authority bonds and
interest on the bonds.
(b) Refunding bonds may:
(1) be issued to refund bonds of one or more series;
(2) combine the pledges for the outstanding bonds for
the security of the refunding bonds; or
(3) be secured by a pledge of other or additional
revenue.
(c) The provisions of this subchapter regarding the
issuance of other bonds, 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
authority, 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
concurrent surrender and cancellation of the bonds to be refunded.
(Acts 44th Leg., 1st C.S., Ch. 427, Sec. 5.02.)
SECTION 1.04. WATER CONTROL AND IMPROVEMENT DISTRICT.
Subtitle I, Title 6, Special District Local Laws Code, is amended by
adding Chapter 9088 to read as follows:
CHAPTER 9088. CALHOUN COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9088.0101. DEFINITIONS
Sec. 9088.0102. NATURE AND PURPOSE OF DISTRICT
Sec. 9088.0103. FINDINGS OF PURPOSE AND BENEFIT
Sec. 9088.0104. DISTRICT TERRITORY
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9088.0201. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 9088.0301. TAX METHOD
CHAPTER 9088. CALHOUN COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9088.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "District" means the Calhoun County Water Control
and Improvement District No. 1 in Calhoun County. (Acts 56th Leg.,
R.S., Ch. 472, Sec. 1 (part); Acts 71st Leg., R.S., Ch. 518, Sec. 1;
New.)
Sec. 9088.0102. NATURE AND PURPOSE OF DISTRICT. (a) The
district is:
(1) a conservation and reclamation district under
Section 59, Article XVI, Texas Constitution;
(2) a water control and improvement district; and
(3) a municipal corporation.
(b) The district's sole purpose is reclaiming and draining
the district's overflowed land and other land needing drainage.
(Acts 56th Leg., R.S., Ch. 472, Secs. 1 (part), 4 (part).)
Sec. 9088.0103. FINDINGS OF PURPOSE AND BENEFIT. (a) The
district is essential to the accomplishment of the purposes of
Section 59, Article XVI, Texas Constitution.
(b) All land and other property in the district benefit from
the district and improvements and facilities the district
constructs and acquires. (Acts 56th Leg., R.S., Ch. 472, Secs. 3
(part), 4 (part).)
Sec. 9088.0104. DISTRICT TERRITORY. The district has the
area and boundaries described by the board's order adopted on March
23, 1959, as that area and those boundaries may have been modified
under:
(1) Subchapter J, Chapter 49, Water Code;
(2) Subchapter O, Chapter 51, Water Code; or
(3) other law. (Acts 56th Leg., R.S., Ch. 472, Sec. 1
(part); New.)
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9088.0201. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS. To accomplish the sole purpose of reclaiming and draining
the district's overflowed land and other land needing drainage, the
district has all of 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 56th
Leg., R.S., Ch. 472, Sec. 1 (part); New.)
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 9088.0301. TAX METHOD. (a) The district shall use the
ad valorem basis or plan of taxation.
(b) The board is not required to hold a hearing on the
adoption of a plan of taxation. (Acts 56th Leg., R.S., Ch. 472,
Sec. 3 (part).)
ARTICLE 2. CONFORMING AMENDMENT
SECTION 2.01. NUECES RIVER AUTHORITY. Section 2.02(a),
Chapter 427, Acts of the 44th Legislature, 1st Called Session,
1935, is amended to read as follows:
(a) The Nueces River Authority [authority] includes all
counties which lie wholly within the Nueces River Basin, all of San
Patricio, Nueces, and Jim Wells counties, and generally the
in-basin parts of other counties, except Webb County, which lie
partially within the basin. The actual boundaries of the area
within the authority may be described by metes and bounds as
follows: Beginning at a point in the boundary of the State of Texas
offshore of the City of Port Aransas at the Northeast corner of
Nueces County and the most southerly Southeast corner of Aransas
County; thence along the common line between Nueces County and
Aransas County in a westerly and then northerly direction to a point
in the center of the Intracoastal Canal cutoff between Rockport and
Aransas Pass, Texas; thence southerly along the centerline of the
said Intracoastal Canal to its point of intersection with an
extension of the boundary line between Aransas County and San
Patricio County for the northernmost Southeast corner of San
Patricio County and the Southwest corner of Aransas County for an
angle point; thence along the common line between San Patricio
County and Aransas County in a northwesterly direction
approximately 14 miles to a point on the Aransas River on the South
line of Refugio County for the Northeast corner of San Patricio
County and the West corner of Aransas County; thence along the
Aransas River and the common line between Refugio County and San
Patricio County in a west-northwesterly direction approximately 19
miles to a point on the Southeast line of Bee County for the
Southwest corner of Refugio County; thence along the common line
between Bee County and San Patricio County in a southwesterly
direction approximately 3 miles to a point for the Southeast corner
of Bee County; thence along the common line between Bee County and
San Patricio County in a west-northwesterly direction
approximately 16 miles to the common corner of Live Oak, Bee, and
San Patricio Counties; thence in a northwesterly direction with the
line between Live Oak and Bee Counties approximately 14 miles;
thence N. approximately 25 miles to the most northern corner of Bee
County; thence N. 40° W. at approximately 19 1/2 miles the
Karnes-Wilson Counties line, at about 31 miles a point in the S.W.
line of Bexar County; thence approximately North 77 1/2° W.
approximately 28 miles, to the S.W. corner of Bexar County; thence
N.W. along the northwest extension of the common boundary between
Bexar and Atascosa Counties 3 1/2 miles to a point; thence N. 30° W.
approximately 28 miles to a point in the North line of Medina
County; then North 64° W. approximately 34 miles to a point in the
west line of Bandera County; thence North approximately 3 miles to
the northwest corner of Bandera County; thence West with the line of
Real and Kerr Counties approximately 5 miles to S.W. corner of Kerr
County; thence North with the line between Kerr and Real Counties
approximately 13 miles to the N.E. corner of Real County; thence
West, North and West, with the north line of Real County,
approximately 18 miles to the Northwest corner of Real County;
thence South 75° west approximately 15 miles to the Court House in
Rock Springs in Edwards County; thence N. 68° W. approximately 15
miles to a point; thence S. 34° W. approximately 19 miles to a point;
thence S. 35° E. at 21 miles pass a point in the South line of
Edwards County, 34 miles to a point; thence S. 23 1/2° W.
approximately 14 miles to a point; thence S. approximately 8 miles
to Spofford Junction; thence South with the Eagle Pass branch of G.
H. & S. A. R. R. at 15 miles a point; thence South 12 miles to a
point; thence S. 41 1/2° E. 42 miles to the village of Dentonia in
Dimmit County; thence S. 27 1/2 d. E. approximately 10 miles to the
Dimmit and Webb Counties line; thence E. with said Dimmit-Webb
County line approximately 25 miles to the west line of La Salle
County; thence South with west line of La Salle County
approximately 5 miles to the S.W. corner of La Salle County, a
common corner with Webb County; thence E. with the Webb-La Salle
County line approximately 30 miles to the N.E. corner of Webb
County, the common corner of Webb, La Salle, McMullen and Duval
Counties; thence S. with the Webb-Duval County line approximately
27 miles to a point in the E. line of Webb County; thence N. 35 d. E.
33 miles to a point on the 28 d. North Parallel; thence East along
the 28 degrees North Parallel approximately 17 miles to a point on
the East line of Duval County and the West line of Jim Wells County
for an interior corner; thence along the common line between Duval
County and Jim Wells County, South approximately 55 miles to a point
on the North line of Brooks County for the Southwest corner of Jim
Wells County and the Southeast corner of Duval County; thence along
the common line between Jim Wells County and Brooks County, East
approximately 11 miles to a point for the northernmost Southwest
corner of Kleberg County and the southernmost Southeast corner of
Jim Wells County; thence along the common line between Jim Wells
County and Kleberg County, North approximately 25.5 miles to the
Northwest corner of Kleberg County and an interior corner of Jim
Wells County; thence along the common line between Jim Wells County
and Kleberg County, East approximately 7.25 miles to a point in the
center of San Fernando Creek for the northernmost Southeast corner
of Jim Wells County and the northernmost Southwest corner of Nueces
County; thence along the centerline of San Fernando Creek and along
the common line between Kleberg County and Nueces County in a
southeasterly direction approximately 9 miles to a point for the
southernmost Southwest corner of Nueces County; thence along the
common line between Kleberg County and Nueces County, East
approximately 32 miles to a point on the shoreline of Laguna Madre
for an angle point; thence along the common line between Kleberg
County and Nueces County in an east-northeasterly direction across
Laguna Madre approximately 5.25 miles to a point on the Northwest
line of Padre Island for an angle point; thence along the common
line between Kleberg County and Nueces County in a southeasterly
direction to a point on the boundary of the State of Texas in the
Gulf of Mexico off North Padre Island at the Northeast corner of
Kleberg County and the Southeast corner of Nueces County; thence
along the boundary of the State of Texas in the Gulf of Mexico and
along the Southeast line of Nueces County in a northeasterly
direction to the point of beginning; being all of Live Oak County,
1116 square miles, McMullen County 1302 square miles, La Salle
County 1561 square miles, Frio County 1124 square miles, Zavala
County 1348 square miles, Atascosa County, 1358 square miles, Real
County 619 square miles, Uvalde County 1589 square miles, San
Patricio County 680 square miles, Nueces County 838 square miles,
and Jim Wells County 846 square miles, and parts of the following
Counties with the number of square miles included in the authority:
Duval378 square miles.
Dimmit1200 square miles.
Maverick574 square miles.
Kinney602 square miles.
Medina1113 square miles.
Bandera224 square miles.
Edwards922 square miles.
Bexar84 square miles.
Wilson98 square miles.
Karnes85 square miles.
Bee135 square miles.
ARTICLE 3. REPEALERS
SECTION 3.01. DENTON COUNTY LEVEE IMPROVEMENT DISTRICT NO.
1 OF DENTON AND DALLAS COUNTIES, TEXAS. The following statutes are
repealed:
(1) Chapter 473, Acts of the 69th Legislature, Regular
Session, 1985; and
(2) Section 6, Chapter 962, Acts of the 80th
Legislature, Regular Session, 2007.
SECTION 3.02. SEBASTIAN MUNICIPAL UTILITY DISTRICT.
Chapter 516, Acts of the 75th Legislature, Regular Session, 1997,
is repealed.
SECTION 3.03. RED RIVER AUTHORITY OF TEXAS. The following
statutes are repealed:
(1) Chapter 279, Acts of the 56th Legislature, Regular
Session, 1959;
(2) Section 3, Chapter 504 Acts of the 57th
Legislature, Regular Session, 1961;
(3) Section 2, Chapter 570, Acts of the 60th
Legislature, Regular Session, 1967;
(4) Section 2, Chapter 217, Acts of the 64th
Legislature, Regular Session, 1975;
(5) Section 3, Chapter 529, Acts of the 65th
Legislature, Regular Session, 1977;
(6) Section 4, Chapter 86, Acts of the 67th
Legislature, Regular Session, 1981;
(7) Section 3, Chapter 870, Acts of the 67th
Legislature, Regular Session, 1981;
(8) Section 5, Chapter 696, Acts of the 68th
Legislature, Regular Session, 1983; and
(9) Sections 12 and 14, Chapter 23, Acts of the 86th
Legislature, Regular Session, 2019.
SECTION 3.04. NUECES RIVER AUTHORITY. The following
statutes are repealed:
(1) Sections 1.01, 1.02, 1.02A, 1.03, 2.01, 2.02(b)
and (c), 2.03, 2.03A, 2.04, 2.05, 2.06, 2.06A, 2.07, 2.08, 2.08A,
2.09, 2.10, 2.11, 2.12, 3.01, 3.02, 3.03, 3.04, 3.05, 3.06, 3.07,
3.08, 3.09, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15, 3.16, 3.17, 3.18,
3.18A, 3.19, 3.20, 3.21, 3.22, 3.22A, 3.23, 3.24, 3.25, 3.26, 3.27,
3.28, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.09, 5.01,
5.02, 5.04, 5.05, 5.06, 5.07, 5.08, 5.09, and 5.10, Chapter 427,
Acts of the 44th Legislature, 1st Called Session, 1935;
(2) Sections 2, 3, 4, 5, 6, and 7, Chapter 699, Acts of
the 64th Legislature, Regular Session, 1975;
(3) Section 3, Chapter 665, Acts of the 69th
Legislature, Regular Session, 1985; and
(4) Sections 16 and 18, Chapter 21, Acts of the 86th
Legislature, Regular Session, 2019.
SECTION 3.05. CALHOUN COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1. The following statutes are repealed:
(1) Chapter 472, Acts of the 56th Legislature, Regular
Session, 1959; and
(2) Chapter 518, Acts of the 71st Legislature, Regular
Session, 1989.
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 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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3530 was passed by the House on April
30, 2021, by the following vote: Yeas 139, Nays 2, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3530 was passed by the Senate on May
27, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor