Texas 2025 - 89th Regular

Texas House Bill HB1615 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12540 JG-D
2	2	By: Leach H.B. No. 1615
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the nonsubstantive revision of certain local laws
10	10	concerning water and wastewater special districts, including a
11	11	conforming amendment.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS
14	14	SECTION 1.01. NAVIGATION DISTRICT. Subtitle A, Title 5,
15	15	Special District Local Laws Code, is amended by adding Chapter 5008
16	16	to read as follows:
17	17	CHAPTER 5008. WILLACY COUNTY NAVIGATION DISTRICT
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 5008.0101. DEFINITIONS
20	20	Sec. 5008.0102. FINDINGS OF PURPOSE
21	21	SUBCHAPTER B. DISTRICT ADMINISTRATION
22	22	Sec. 5008.0201. BOARD OF COMMISSIONERS; TERM
23	23	Sec. 5008.0202. ELECTION OF COMMISSIONERS
24	24	Sec. 5008.0203. PRESIDING OFFICER
25	25	Sec. 5008.0204. GENERAL MANAGER OR PORT DIRECTOR
26	26	SUBCHAPTER C. POWERS AND DUTIES
27	27	Sec. 5008.0301. AUTHORITY TO ACQUIRE AND LEASE LAND;
28	28	EMINENT DOMAIN
29	29	Sec. 5008.0302. AUTHORITY TO SELL LAND
30	30	Sec. 5008.0303. AUTHORITY TO LEASE OR GRANT EASEMENTS
31	31	FOR CERTAIN PURPOSES
32	32	Sec. 5008.0304. CONVEYANCE AND ACQUISITION OF CERTAIN
33	33	PROPERTY
34	34	Sec. 5008.0305. ENTRY ON PROPERTY
35	35	Sec. 5008.0306. POWERS REGARDING PUBLIC AIRPORTS
36	36	Sec. 5008.0307. LAW ENFORCEMENT AND SECURITY SERVICES
37	37	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
38	38	Sec. 5008.0401. AD VALOREM TAX FOR MAINTENANCE AND
39	39	OPERATIONS
40	40	SUBCHAPTER E. BONDS
41	41	Sec. 5008.0501. APPLICABILITY OF SUBCHAPTER
42	42	Sec. 5008.0502. NOTICE OF ELECTION
43	43	Sec. 5008.0503. FORM OF BONDS
44	44	Sec. 5008.0504. TAXES FOR BONDS
45	45	CHAPTER 5008. WILLACY COUNTY NAVIGATION DISTRICT
46	46	SUBCHAPTER A. GENERAL PROVISIONS
47	47	Sec. 5008.0101. DEFINITIONS. In this chapter:
48	48	(1) "Board" means the district's board of navigation
49	49	and canal commissioners.
50	50	(2) "Commissioner" means a board member.
51	51	(3) "District" means the Willacy County Navigation
52	52	District. (Acts 53rd Leg., R.S., Ch. 404, Sec. 1A.)
53	53	Sec. 5008.0102. FINDINGS OF PURPOSE. The creation of the
54	54	district is essential to accomplish the purposes of Section 59,
55	55	Article XVI, Texas Constitution. (Acts 53rd Leg., R.S., Ch. 404,
56	56	Sec. 8 (part).)
57	57	SUBCHAPTER B. DISTRICT ADMINISTRATION
58	58	Sec. 5008.0201. BOARD OF COMMISSIONERS; TERM. (a) The
59	59	board consists of five elected commissioners.
60	60	(b) Commissioners serve staggered four-year terms. (Acts
61	61	53rd Leg., R.S., Ch. 404, Secs. 1B(c) (part), (d).)
62	62	Sec. 5008.0202. ELECTION OF COMMISSIONERS. (a) The
63	63	district is divided into four numbered single-member districts for
64	64	electing commissioners.
65	65	(b) The board may revise the single-member districts as
66	66	necessary or appropriate.
67	67	(c) One commissioner is elected from each single-member
68	68	district, and one commissioner is elected from the district at
69	69	large.
70	70	(d) The board shall hold an election on the uniform election
71	71	date in November of each even-numbered year to elect the
72	72	appropriate number of commissioners. (Acts 53rd Leg., R.S., Ch.
73	73	404, Secs. 1B(a), (b), (c) (part), 1C.)
74	74	Sec. 5008.0203. PRESIDING OFFICER. The commissioner
75	75	elected from the district at large serves as the board's presiding
76	76	officer. (Acts 53rd Leg., R.S., Ch. 404, Sec. 1B(e).)
77	77	Sec. 5008.0204. GENERAL MANAGER OR PORT DIRECTOR. (a) The
78	78	board may:
79	79	(1) employ a general manager or port director; and
80	80	(2) give the manager or director full administrative
81	81	authority to manage and operate the district's affairs, subject
82	82	only to the board's supervision.
83	83	(b) The board shall set the term of office and compensation
84	84	of the general manager or port director. (Acts 53rd Leg., R.S., Ch.
85	85	404, Sec. 6.)
86	86	SUBCHAPTER C. POWERS AND DUTIES
87	87	Sec. 5008.0301. AUTHORITY TO ACQUIRE AND LEASE LAND;
88	88	EMINENT DOMAIN. (a) The district may own land adjacent or
89	89	accessible to the navigable water in the district, whether acquired
90	90	by gift, purchase, or exercise of the power of eminent domain.
91	91	(b) The district may:
92	92	(1) lease all or any part of land the district owns for
93	93	any term the board considers prudent or advisable to:
94	94	(A) an individual;
95	95	(B) a corporation; or
96	96	(C) a government or governmental agency,
97	97	including this state or the United States; and
98	98	(2) charge a reasonable toll, fee, rent, or other
99	99	charge for the lease.
100	100	(c) This section does not prevent the district from granting
101	101	a revocable license or permit for the use of a limited portion of a
102	102	waterfront facility or land the district owns for a purpose
103	103	consistent with the development of the district's property.
104	104	(d) The district's authority under this section to exercise
105	105	the power of eminent domain expired on September 1, 2013, unless the
106	106	district submitted a letter to the comptroller in accordance with
107	107	Section 2206.101(b), Government Code, not later than December 31,
108	108	2012. (Acts 53rd Leg., R.S., Ch. 404, Sec. 1 (part); Acts 55th
109	109	Leg., R.S., Ch. 141, Sec. 1 (part); New.)
110	110	Sec. 5008.0302. AUTHORITY TO SELL LAND. The district may
111	111	sell any part of land the district owns to any government or
112	112	governmental agency, including this state or the United States, for
113	113	any amount of money the board considers prudent and advisable if the
114	114	board considers the sale necessary and advisable for the proper
115	115	development of the port. (Acts 55th Leg., R.S., Ch. 141, Sec. 2.)
116	116	Sec. 5008.0303. AUTHORITY TO LEASE OR GRANT EASEMENTS FOR
117	117	CERTAIN PURPOSES. The district may, for causeway, road, or public
118	118	utility purposes, lease, or grant an easement over or along, any
119	119	real property the district owns or holds in fee simple or by patent,
120	120	easement, or otherwise to:
121	121	(1) an individual;
122	122	(2) a corporation; or
123	123	(3) a government or governmental entity, including
124	124	this state or the United States. (Acts 55th Leg., R.S., Ch. 141,
125	125	Sec. 1a.)
126	126	Sec. 5008.0304. CONVEYANCE AND ACQUISITION OF CERTAIN
127	127	PROPERTY. (a) This section applies only to property, including
128	128	land or an interest in land, that:
129	129	(1) the district owns;
130	130	(2) the United States desires to enable a United
131	131	States department or establishment to carry out the provisions of
132	132	an act of Congress in aid of navigation, flood control, or
133	133	improvement of water courses in aid of navigation; and
134	134	(3) may be necessary for the construction, operation,
135	135	and maintenance of works required for a purpose described by
136	136	Subdivision (2).
137	137	(b) The district may:
138	138	(1) on the request of the United States, convey title
139	139	or an easement to property, including land or an interest in land,
140	140	to the United States with or without monetary consideration; and
141	141	(2) acquire land or a right-of-way necessary to carry
142	142	out the provisions or meet the conditions of an act of Congress
143	143	described by Subsection (a). (Acts 53rd Leg., R.S., Ch. 404, Sec.
144	144	2.)
145	145	Sec. 5008.0305. ENTRY ON PROPERTY. District commissioners,
146	146	engineers, and employees may enter any land in the district to
147	147	attend to any district business, including to examine the land and
148	148	to make plans, surveys, maps, and profiles for improvements
149	149	contemplated by the district. (Acts 53rd Leg., R.S., Ch. 404, Sec.
150	150	3.)
151	151	Sec. 5008.0306. POWERS REGARDING PUBLIC AIRPORTS. (a) The
152	152	district, in carrying out the district's powers and functions under
153	153	the constitution and statutes of this state, may:
154	154	(1) plan, acquire, own, control, protect, develop,
155	155	maintain, and operate, or arrange by lease or contract for the
156	156	operation of, a public airport; and
157	157	(2) exercise for a purpose described by Subdivision
158	158	(1) any powers granted to the district for other port purposes.
159	159	(b) The district may:
160	160	(1) enter into grant agreements with the United States
161	161	to obtain federal grant-in-aid money for public airport purposes;
162	162	and
163	163	(2) accept, receive, disburse, and spend the money for
164	164	the purposes, and in accordance with the time and conditions,
165	165	provided by the applicable grant agreements. (Acts 56th Leg.,
166	166	R.S., Ch. 392, Secs. 1, 2.)
167	167	Sec. 5008.0307. LAW ENFORCEMENT AND SECURITY SERVICES. The
168	168	board may:
169	169	(1) employ and set the compensation of security
170	170	personnel to protect the district's property; or
171	171	(2) pay all or a part of the compensation of a deputy
172	172	sheriff of Willacy County or a deputy constable of any precinct in
173	173	which the district owns navigation facilities for special services
174	174	provided to the district in policing the district's property and
175	175	enforcing state laws in the district's territory. (Acts 53rd Leg.,
176	176	R.S., Ch. 404, Sec. 7.)
177	177	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
178	178	Sec. 5008.0401. AD VALOREM TAX FOR MAINTENANCE AND
179	179	OPERATIONS. (a) The board may impose an ad valorem tax at a rate
180	180	not to exceed 20 cents on each $100 valuation of taxable property in
181	181	the district for the maintenance and operation of the district and
182	182	the district's properties.
183	183	(b) The tax at its authorized rate must be imposed in the
184	184	manner prescribed for bond taxes under Subchapter E, subject to the
185	185	limit prescribed by Subsection (a). (Acts 53rd Leg., R.S., Ch. 404,
186	186	Sec. 5 (part).)
187	187	SUBCHAPTER E. BONDS
188	188	Sec. 5008.0501. APPLICABILITY OF SUBCHAPTER. This
189	189	subchapter applies only to bonds payable from both ad valorem taxes
190	190	and district revenue. (New.)
191	191	Sec. 5008.0502. NOTICE OF ELECTION. (a) Instead of any
192	192	other notice required by law, notice of an election to issue bonds
193	193	must be published once a week for two consecutive weeks in a
194	194	newspaper of general circulation in the district and must state:
195	195	(1) the date of the election;
196	196	(2) the place at which the election will be held; and
197	197	(3) the proposition to be voted on at the election.
198	198	(b) The first publication under Subsection (a) must be at
199	199	least 14 days before the date of the election. (Acts 53rd Leg.,
200	200	R.S., Ch. 404, Sec. 4 (part).)
201	201	Sec. 5008.0503. FORM OF BONDS. Bonds authorized at an
202	202	election must be:
203	203	(1) issued by board order; and
204	204	(2) signed by the board's presiding officer and
205	205	secretary. (Acts 53rd Leg., R.S., Ch. 404, Sec. 4 (part).)
206	206	Sec. 5008.0504. TAXES FOR BONDS. (a) If bonds are issued,
207	207	the board shall impose an ad valorem tax on all taxable property in
208	208	the district in each year during which the bonds are outstanding and
209	209	unpaid.
210	210	(b) The board shall impose the tax at the rate necessary to
211	211	generate an amount of revenue which, together with the net revenue
212	212	in the interest and sinking fund for the bonds at that time, is
213	213	sufficient to pay the principal of and interest on the bonds that
214	214	will be due during the next fiscal year.
215	215	(c) The board shall certify to the Willacy County tax
216	216	assessor-collector the rate of the tax imposed for the bonds.
217	217	(d) The Willacy County tax assessor-collector shall:
218	218	(1) collect the bond taxes in the same manner provided
219	219	by law for the collection of other district taxes; and
220	220	(2) remit all taxes collected to:
221	221	(A) the county treasurer of Willacy County; or
222	222	(B) the district's account. (Acts 53rd Leg.,
223	223	R.S., Ch. 404, Sec. 4 (part).)
224	224	SECTION 1.02. RIVER AUTHORITIES. Subtitle G, Title 6,
225	225	Special District Local Laws Code, is amended by adding Chapters
226	226	8512 and 8515 to read as follows:
227	227	CHAPTER 8512. GUADALUPE-BLANCO RIVER AUTHORITY
228	228	SUBCHAPTER A. GENERAL PROVISIONS
229	229	Sec. 8512.0101. DEFINITIONS
230	230	Sec. 8512.0102. CREATION AND NATURE OF AUTHORITY
231	231	Sec. 8512.0103. REVIEW SCHEDULE UNDER SUNSET ACT
232	232	Sec. 8512.0104. TERRITORY
233	233	Sec. 8512.0105. LIBERAL CONSTRUCTION OF CHAPTER
234	234	SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
235	235	Sec. 8512.0201. NATURE OF BOARD
236	236	Sec. 8512.0202. MEMBERSHIP OF BOARD
237	237	Sec. 8512.0203. TERMS
238	238	Sec. 8512.0204. REMOVAL
239	239	Sec. 8512.0205. VACANCY
240	240	Sec. 8512.0206. VOTING REQUIREMENT
241	241	Sec. 8512.0207. OFFICERS, AGENTS, AND EMPLOYEES
242	242	Sec. 8512.0208. SURETY BONDS
243	243	Sec. 8512.0209. AUTHORITY'S DOMICILE AND OFFICE
244	244	Sec. 8512.0210. DIRECTOR TRAINING PROGRAM
245	245	Sec. 8512.0211. SEPARATION OF POLICYMAKING AND
246	246	MANAGEMENT FUNCTIONS
247	247	Sec. 8512.0212. COMPLAINTS
248	248	Sec. 8512.0213. ALTERNATIVE DISPUTE RESOLUTION
249	249	PROCEDURES
250	250	Sec. 8512.0214. PUBLIC TESTIMONY
251	251	Sec. 8512.0215. SEAL
252	252	SUBCHAPTER C. POWERS AND DUTIES
253	253	Sec. 8512.0301. GENERAL POWERS
254	254	Sec. 8512.0302. POWERS RELATED TO WATER OF RIVERS AND
255	255	STREAMS
256	256	Sec. 8512.0303. POWERS RELATED TO GROUNDWATER
257	257	Sec. 8512.0304. ACQUISITION OF WATER, WATER SUPPLY
258	258	FACILITIES, AND CONSERVATION STORAGE
259	259	CAPACITY
260	260	Sec. 8512.0305. USE, DISTRIBUTION, AND SALE OF WATER
261	261	OUTSIDE AUTHORITY
262	262	Sec. 8512.0306. DEVELOPMENT, GENERATION, DISTRIBUTION,
263	263	AND SALE OF WATER POWER AND ELECTRIC
264	264	ENERGY
265	265	Sec. 8512.0307. PREVENTION OF DAMAGE TO PERSONS OR
266	266	PROPERTY
267	267	Sec. 8512.0308. FORESTATION AND REFORESTATION;
268	268	PREVENTION OF SOIL EROSION AND
269	269	FLOODS
270	270	Sec. 8512.0309. DEVELOPMENT OF NAVIGATION AND RELATED
271	271	FACILITIES
272	272	Sec. 8512.0310. DEVELOPMENT OF RECLAMATION AND
273	273	DRAINAGE OF CERTAIN LAND AND RELATED
274	274	FACILITIES
275	275	Sec. 8512.0311. WASTE MANAGEMENT
276	276	Sec. 8512.0312. CONSERVATION AND DEVELOPMENT FOR
277	277	RECREATION
278	278	Sec. 8512.0313. ACQUISITION OR OPERATION OF PROPERTY
279	279	Sec. 8512.0314. EMINENT DOMAIN
280	280	Sec. 8512.0315. SALE, LEASE, OR OTHER DISPOSITION OF
281	281	PROPERTY
282	282	Sec. 8512.0316. OVERFLOW OR INUNDATION OF PUBLIC
283	283	PROPERTY; RELOCATION OF FACILITIES
284	284	Sec. 8512.0317. CONSTRUCTION, MAINTENANCE, AND
285	285	OPERATION OF FACILITIES
286	286	Sec. 8512.0318. GENERAL CONTRACT POWERS
287	287	Sec. 8512.0319. JOINT PROJECTS RELATED TO PROPERTY
288	288	Sec. 8512.0320. STATE SUPERVISION AND APPROVAL
289	289	Sec. 8512.0321. ADDITIONAL POWERS RELATING TO
290	290	CONTRACTS, RULES, AND REGULATIONS
291	291	Sec. 8512.0322. PUBLIC USE OF AUTHORITY'S SURPLUS LAND
292	292	Sec. 8512.0323. EFFECT OF CHAPTER ON WATER RIGHTS AND
293	293	GROUNDWATER REGULATION
294	294	Sec. 8512.0324. APPLICABILITY OF CERTAIN STATUTES
295	295	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
296	296	Sec. 8512.0401. DISBURSEMENT OF MONEY
297	297	Sec. 8512.0402. ACCOUNTS, CONTRACTS, AND OTHER
298	298	RECORDS; PUBLIC INSPECTION
299	299	Sec. 8512.0403. FILING OF AUDIT REPORT
300	300	Sec. 8512.0404. ASSET MANAGEMENT PLAN
301	301	Sec. 8512.0405. RATES AND OTHER CHARGES
302	302	Sec. 8512.0406. USE OF EXCESS REVENUE
303	303	Sec. 8512.0407. PAYMENTS UNDER AGREEMENTS FOR USE OR
304	304	SALE OF PROPERTY
305	305	Sec. 8512.0408. TAX, ASSESSMENT, OR PLEDGE OF CREDIT
306	306	OF STATE NOT AUTHORIZED BY CHAPTER
307	307	SUBCHAPTER E. BORROWED MONEY AND GRANTS
308	308	Sec. 8512.0501. LOANS AND GRANTS
309	309	Sec. 8512.0502. STATE PLEDGE REGARDING RIGHTS AND
310	310	REMEDIES OF BONDHOLDERS
311	311	Sec. 8512.0503. OBLIGATION PAYABLE FROM REVENUE
312	312	Sec. 8512.0504. POWER TO ISSUE BONDS
313	313	Sec. 8512.0505. TERMS OF ISSUANCE
314	314	Sec. 8512.0506. DEPOSIT OF PROCEEDS
315	315	Sec. 8512.0507. RESOLUTION PROVISIONS
316	316	Sec. 8512.0508. DEFAULT PROCEDURES
317	317	Sec. 8512.0509. INTERIM BONDS
318	318	Sec. 8512.0510. TEMPORARY BONDS
319	319	Sec. 8512.0511. REFUNDING BONDS
320	320	Sec. 8512.0512. POWER OF AUTHORITY TO PURCHASE BONDS
321	321	ISSUED BY AUTHORITY
322	322	Sec. 8512.0513. BONDS EXEMPT FROM TAXATION
323	323	CHAPTER 8512. GUADALUPE-BLANCO RIVER AUTHORITY
324	324	SUBCHAPTER A. GENERAL PROVISIONS
325	325	Sec. 8512.0101. DEFINITIONS. In this chapter:
326	326	(1) "Authority" means the Guadalupe-Blanco River
327	327	Authority.
328	328	(2) "Board" means the authority's board of directors.
329	329	(3) "Bond" means a bond or note.
330	330	(4) "Commission" means the Texas Commission on
331	331	Environmental Quality.
332	332	(5) "Director" means a board member. (Acts 43rd Leg.,
333	333	1st C.S., Ch. 75, Secs. 1 (part), 4(a) (part), 11 (part); New.)
334	334	Sec. 8512.0102. CREATION AND NATURE OF AUTHORITY. (a) The
335	335	authority is a conservation and reclamation district.
336	336	(b) The authority's creation is essential to the
337	337	accomplishment of the purposes of Section 59, Article XVI, Texas
338	338	Constitution. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 1 (part).)
339	339	Sec. 8512.0103. REVIEW SCHEDULE UNDER SUNSET ACT. A review
340	340	of the authority under Section 325.025, Government Code, shall be
341	341	conducted as if the authority were a state agency scheduled to be
342	342	abolished September 1, 2031, and every 12th year after that year.
343	343	(Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 1A(a) (part).)
344	344	Sec. 8512.0104. TERRITORY. (a) The authority is composed
345	345	of the territory described by Subsection (b) as that territory may
346	346	have been modified under:
347	347	(1) Subchapter J, Chapter 49, Water Code; or
348	348	(2) other law.
349	349	(b) The authority's territory consists of that part of this
350	350	state included in Caldwell, Calhoun, Comal, DeWitt, Guadalupe,
351	351	Gonzales, Hays, Kendall, Refugio, and Victoria Counties. (Acts 43rd
352	352	Leg., 1st C.S., Ch. 75, Sec. 1 (part); New.)
353	353	Sec. 8512.0105. LIBERAL CONSTRUCTION OF CHAPTER. This
354	354	chapter shall be liberally construed to effectuate the chapter's
355	355	purposes. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 18.)
356	356	SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
357	357	Sec. 8512.0201. NATURE OF BOARD. The board is a state board
358	358	of a state agency as contemplated by Section 30a, Article XVI, Texas
359	359	Constitution. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 4(a) (part).)
360	360	Sec. 8512.0202. MEMBERSHIP OF BOARD. (a) The board
361	361	consists of nine directors appointed by the governor with the
362	362	advice and consent of the senate from a list of nominations provided
363	363	to the governor by the commission.
364	364	(b) Each director must:
365	365	(1) be a freehold property tax payer of this state; and
366	366	(2) reside in one of the counties included in the
367	367	authority.
368	368	(c) Only one director may be appointed from any county.
369	369	(Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 4(a) (part).)
370	370	Sec. 8512.0203. TERMS. Directors serve staggered six-year
371	371	terms, with three directors' terms expiring February 1 of each
372	372	odd-numbered year. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 4(a)
373	373	(part).)
374	374	Sec. 8512.0204. REMOVAL. The governor may remove a
375	375	director for inefficiency, neglect of duty, or misconduct in
376	376	office, after:
377	377	(1) at least 10 days' written notice of the charge
378	378	against the director; and
379	379	(2) an opportunity for the director to be heard in
380	380	person or by counsel at a public hearing. (Acts 43rd Leg., 1st
381	381	C.S., Ch. 75, Sec. 4(a) (part).)
382	382	Sec. 8512.0205. VACANCY. The governor shall fill a vacancy
383	383	on the board for the unexpired term. (Acts 43rd Leg., 1st C.S., Ch.
384	384	75, Sec. 4(a) (part).)
385	385	Sec. 8512.0206. VOTING REQUIREMENT. (a) Except as provided
386	386	by this chapter or the bylaws, the board may take action by the
387	387	affirmative vote of a majority of the directors present at a
388	388	meeting.
389	389	(b) The following are valid only if authorized or ratified
390	390	by the affirmative vote of at least five directors:
391	391	(1) a contract that involves an amount greater than
392	392	$100,000 or has a duration of more than one year;
393	393	(2) a bond or other evidence of indebtedness; or
394	394	(3) an amendment of the bylaws. (Acts 43rd Leg., 1st
395	395	C.S., Ch. 75, Sec. 4(b) (part).)
396	396	Sec. 8512.0207. OFFICERS, AGENTS, AND EMPLOYEES. (a) The
397	397	governor shall designate a director as the board's presiding
398	398	officer, who serves at the will of the governor.
399	399	(b) The board shall select a secretary, a general manager,
400	400	and a treasurer.
401	401	(c) The secretary shall keep accurate and complete records
402	402	of all board proceedings.
403	403	(d) Until the board selects a secretary, or if the secretary
404	404	is absent or unable to act, the board shall select a secretary pro
405	405	tem.
406	406	(e) The general manager is the authority's chief executive
407	407	officer.
408	408	(f) The secretary, secretary pro tem, general manager, and
409	409	treasurer have the powers and duties, hold office for the term, and
410	410	are subject to removal in the manner provided by the bylaws.
411	411	(g) The board shall set the compensation of the secretary,
412	412	secretary pro tem, general manager, and treasurer.
413	413	(h) The board may appoint other officers, agents, and
414	414	employees, set their compensation and term of office, prescribe
415	415	their duties and the method by which they may be removed, and
416	416	delegate to them any of the board's powers and duties as the board
417	417	considers proper. (Acts 43rd Leg., 1st C.S., Ch. 75, Secs. 2(u),
418	418	5.)
419	419	Sec. 8512.0208. SURETY BONDS. (a) The general manager, the
420	420	treasurer, and any other authority officer, agent, or employee who
421	421	is charged with the collection, custody, or payment of authority
422	422	money shall give bond conditioned on:
423	423	(1) the faithful performance of the person's duties;
424	424	and
425	425	(2) an accounting for all authority money and property
426	426	coming into the person's possession.
427	427	(b) The bond must be in a form and amount and with a surety
428	428	company approved by the board that is authorized to do business in
429	429	this state.
430	430	(c) The authority shall pay the premium on the bond and
431	431	charge the premium as an operating expense. (Acts 43rd Leg., 1st
432	432	C.S., Ch. 75, Sec. 6 (part).)
433	433	Sec. 8512.0209. AUTHORITY'S DOMICILE AND OFFICE. (a) The
434	434	authority's domicile is in the city of New Braunfels, Comal County.
435	435	(b) The authority shall maintain an office in the city of
436	436	New Braunfels, Comal County.
437	437	(c) The general manager is in charge of the authority's
438	438	office. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 7 (part).)
439	439	Sec. 8512.0210. DIRECTOR TRAINING PROGRAM. (a) A person
440	440	who is appointed to and qualifies for office as a director may not
441	441	vote, deliberate, or be counted as a director in attendance at a
442	442	board meeting until the person completes a training program that
443	443	complies with this section.
444	444	(b) The training program must provide the person with
445	445	information regarding:
446	446	(1) the law governing the authority's operations;
447	447	(2) the authority's programs, functions, rules, and
448	448	budget;
449	449	(3) the results of the authority's most recent formal
450	450	audit;
451	451	(4) the requirements of:
452	452	(A) laws relating to open meetings, public
453	453	information, administrative procedure, and the disclosure of
454	454	conflicts of interest; and
455	455	(B) other laws applicable to members of a river
456	456	authority's governing body in performing their duties; and
457	457	(5) any applicable ethics policies adopted by the
458	458	authority or the Texas Ethics Commission.
459	459	(c) A person appointed to the board is entitled to
460	460	reimbursement for the travel expenses incurred in attending the
461	461	training program regardless of whether the attendance at the
462	462	program occurs before or after the person qualifies for office.
463	463	(d) The general manager shall create a training manual that
464	464	includes the information required by Subsection (b). The general
465	465	manager shall distribute a copy of the training manual annually to
466	466	each director. Each director shall sign and submit to the general
467	467	manager a statement acknowledging that the director has received
468	468	and reviewed the training manual. (Acts 43rd Leg., 1st C.S., Ch.
469	469	75, Sec. 4A.)
470	470	Sec. 8512.0211. SEPARATION OF POLICYMAKING AND MANAGEMENT
471	471	FUNCTIONS. The board shall develop and implement policies that
472	472	clearly separate the board's policymaking responsibilities and the
473	473	general manager's and staff's management responsibilities. (Acts
474	474	43rd Leg., 1st C.S., Ch. 75, Sec. 5A.)
475	475	Sec. 8512.0212. COMPLAINTS. (a) The authority shall
476	476	maintain a system to promptly and efficiently act on complaints
477	477	filed with the authority.
478	478	(b) The authority shall maintain information about the
479	479	parties to and subject matter of the complaint, a summary of the
480	480	results of the review or investigation of the complaint, and the
481	481	disposition of the complaint.
482	482	(c) The authority shall periodically notify the parties to
483	483	the complaint of the complaint's status until final disposition.
484	484	(d) The authority shall make information available
485	485	describing the authority's procedures for complaint investigation
486	486	and resolution. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 25.)
487	487	Sec. 8512.0213. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.
488	488	(a) The board shall develop a policy to encourage the use of
489	489	appropriate alternative dispute resolution procedures under
490	490	Chapter 2009, Government Code, to assist in the resolution of
491	491	internal and external disputes under the authority's jurisdiction.
492	492	(b) The authority's procedures relating to alternative
493	493	dispute resolution must conform, to the extent possible, to any
494	494	model guidelines issued by the State Office of Administrative
495	495	Hearings for the use of alternative dispute resolution by state
496	496	agencies.
497	497	(c) The authority shall:
498	498	(1) coordinate the implementation of the policy
499	499	adopted under Subsection (a);
500	500	(2) provide training as needed to implement the
501	501	procedures for alternative dispute resolution; and
502	502	(3) collect data concerning the effectiveness of those
503	503	procedures. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 23.)
504	504	Sec. 8512.0214. PUBLIC TESTIMONY. (a) The board shall
505	505	develop and implement policies that provide the public with a
506	506	reasonable opportunity to appear before the board and to speak on
507	507	any issue under the authority's jurisdiction.
508	508	(b) At each regular board meeting, the board shall include
509	509	public testimony as a meeting agenda item and allow members of the
510	510	public to comment on other agenda items and other matters under the
511	511	authority's jurisdiction. The board may not deliberate on or
512	512	decide a matter not included in the meeting agenda, except that the
513	513	board may discuss including the matter on the agenda for a
514	514	subsequent meeting. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 24.)
515	515	Sec. 8512.0215. SEAL. The authority may adopt and use a
516	516	corporate seal. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 2(r).)
517	517	SUBCHAPTER C. POWERS AND DUTIES
518	518	Sec. 8512.0301. GENERAL POWERS. The authority has:
519	519	(1) the powers of government and the authority to
520	520	exercise the rights, privileges, and functions specified by this
521	521	chapter; and
522	522	(2) all powers, rights, privileges, and functions
523	523	conferred by general law on any district, other than a groundwater
524	524	conservation district, created under Section 59, Article XVI, Texas
525	525	Constitution, except as expressly limited by this chapter. (Acts
526	526	43rd Leg., 1st C.S., Ch. 75, Secs. 1 (part), 2 (part).)
527	527	Sec. 8512.0302. POWERS RELATED TO WATER OF RIVERS AND
528	528	STREAMS. The authority may:
529	529	(1) control, store, and preserve, in or adjoining the
530	530	authority's boundaries, the water of any rivers and streams,
531	531	including the Guadalupe and Blanco Rivers and their tributaries,
532	532	for all useful purposes; and
533	533	(2) use, distribute, and sell the water described by
534	534	Subdivision (1), in the authority, for all useful purposes. (Acts
535	535	43rd Leg., 1st C.S., Ch. 75, Sec. 2(a).)
536	536	Sec. 8512.0303. POWERS RELATED TO GROUNDWATER. The
537	537	authority may:
538	538	(1) conserve, preserve, and develop groundwater in the
539	539	authority, subject to any applicable regulation by this state or
540	540	any political subdivision, for all useful purposes; and
541	541	(2) use, distribute, and sell groundwater, in the
542	542	authority, for all useful purposes. (Acts 43rd Leg., 1st C.S., Ch.
543	543	75, Sec. 2(b).)
544	544	Sec. 8512.0304. ACQUISITION OF WATER, WATER SUPPLY
545	545	FACILITIES, AND CONSERVATION STORAGE CAPACITY. The authority may
546	546	acquire water, water supply facilities, and conservation storage
547	547	capacity inside or outside the authority from any person. (Acts
548	548	43rd Leg., 1st C.S., Ch. 75, Sec. 2(c).)
549	549	Sec. 8512.0305. USE, DISTRIBUTION, AND SALE OF WATER
550	550	OUTSIDE AUTHORITY. (a) The authority may use, distribute, and
551	551	sell, outside the authority, any water the authority controls,
552	552	stores, preserves, conserves, develops, or acquires if the board
553	553	determines that adequate provision can be made to continue to serve
554	554	the water requirements inside the authority.
555	555	(b) Notwithstanding Subsection (a), the authority may not
556	556	enter into any agreement that contemplates or results in the
557	557	removal from the watershed of the Guadalupe and Blanco Rivers and
558	558	their tributaries of any surface water of the authority necessary
559	559	to supply the reasonably foreseeable future water requirements for
560	560	municipal uses inside the watershed during the next 50 years,
561	561	except on a temporary, interim basis. (Acts 43rd Leg., 1st C.S.,
562	562	Ch. 75, Sec. 2(d).)
563	563	Sec. 8512.0306. DEVELOPMENT, GENERATION, DISTRIBUTION, AND
564	564	SALE OF WATER POWER AND ELECTRIC ENERGY. The authority may:
565	565	(1) develop and generate water power and electric
566	566	energy inside the authority; and
567	567	(2) distribute and sell water power and electric
568	568	energy inside or outside the authority. (Acts 43rd Leg., 1st C.S.,
569	569	Ch. 75, Sec. 2(e).)
570	570	Sec. 8512.0307. PREVENTION OF DAMAGE TO PERSONS OR
571	571	PROPERTY. The authority may prevent or aid in the prevention of
572	572	damage to persons or property from the water of the Guadalupe and
573	573	Blanco Rivers and their tributaries. (Acts 43rd Leg., 1st C.S., Ch.
574	574	75, Sec. 2(f).)
575	575	Sec. 8512.0308. FORESTATION AND REFORESTATION; PREVENTION
576	576	OF SOIL EROSION AND FLOODS. In the watershed of the Guadalupe and
577	577	Blanco Rivers and their tributaries, the authority may:
578	578	(1) forest, reforest, or aid in foresting or
579	579	reforesting; and
580	580	(2) prevent or aid in the prevention of soil erosion
581	581	and floods. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 2(g).)
582	582	Sec. 8512.0309. DEVELOPMENT OF NAVIGATION AND RELATED
583	583	FACILITIES. The authority may develop the navigation of inland
584	584	water in the authority and any facility in aid of that navigation.
585	585	(Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 2(h).)
586	586	Sec. 8512.0310. DEVELOPMENT OF RECLAMATION AND DRAINAGE OF
587	587	CERTAIN LAND AND RELATED FACILITIES. The authority may develop the
588	588	reclamation and drainage of overflowed land and other land needing
589	589	drainage, other than coastal wetlands or inland marshes, in the
590	590	authority and any facility in aid of that reclamation and drainage.
591	591	(Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 2(i).)
592	592	Sec. 8512.0311. WASTE MANAGEMENT. (a) The authority may
593	593	develop the collection, transportation, treatment, disposal, and
594	594	handling of any waste, as that term is defined by general law, and
595	595	any facility in aid of those activities.
596	596	(b) The authority may construct or acquire sanitary sewer
597	597	facilities for the collection, treatment, and disposal of sewage in
598	598	a municipality's boundaries only with the municipality's consent.
599	599	(Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 2(j).)
600	600	Sec. 8512.0312. CONSERVATION AND DEVELOPMENT FOR
601	601	RECREATION. The authority may conserve and develop water and land
602	602	for recreational purposes and any facility in aid of those
603	603	purposes. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 2(k).)
604	604	Sec. 8512.0313. ACQUISITION OR OPERATION OF PROPERTY. (a)
605	605	The authority may acquire, maintain, use, and operate property of
606	606	any kind or any property interest, inside or outside the authority,
607	607	necessary or convenient to the exercise of the powers, rights,
608	608	privileges, and functions conferred on the authority by this
609	609	chapter.
610	610	(b) The authority may acquire property or a property
611	611	interest as provided by Subsection (a) by purchase, lease, gift, or
612	612	any other manner, other than by the exercise of the power of eminent
613	613	domain. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 2(l).)
614	614	Sec. 8512.0314. EMINENT DOMAIN. (a) The authority may
615	615	acquire by the exercise of the power of eminent domain property of
616	616	any kind or a property interest inside or outside the authority that
617	617	is necessary or convenient to the exercise of the powers, rights,
618	618	privileges, and functions conferred on the authority by this
619	619	chapter.
620	620	(b) The authority must exercise the power of eminent domain
621	621	in the manner provided by:
622	622	(1) Chapter 21, Property Code; or
623	623	(2) the statutes relating to the exercise of the power
624	624	of eminent domain by districts organized under general law under
625	625	Section 59, Article XVI, Texas Constitution.
626	626	(c) The authority may not exercise the power of eminent
627	627	domain to acquire property or a property interest that is:
628	628	(1) located outside the authority; and
629	629	(2) owned by a body politic.
630	630	(d) The authority's authority under this section to
631	631	exercise the power of eminent domain expired on September 1, 2013,
632	632	unless the authority submitted a letter to the comptroller in
633	633	accordance with Section 2206.101(b), Government Code, not later
634	634	than December 31, 2012. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec.
635	635	2(m); New.)
636	636	Sec. 8512.0315. SALE, LEASE, OR OTHER DISPOSITION OF
637	637	PROPERTY. Subject to the provisions of this chapter, the authority
638	638	may sell, lease, or otherwise dispose of property of any kind or any
639	639	property interest:
640	640	(1) that is not necessary authority business; or
641	641	(2) the sale, lease, or disposition of which, in the
642	642	board's judgment, is necessary or convenient to the exercise of the
643	643	powers, rights, privileges, and functions conferred on the
644	644	authority by this chapter or general law. (Acts 43rd Leg., 1st
645	645	C.S., Ch. 75, Sec. 2(n).)
646	646	Sec. 8512.0316. OVERFLOW OR INUNDATION OF PUBLIC PROPERTY;
647	647	RELOCATION OF FACILITIES. (a) In this section, "sole expense"
648	648	means the actual cost of relocating, raising, lowering, rerouting,
649	649	or changing the grade of or altering the construction of a facility
650	650	to provide comparable replacement without enhancement of the
651	651	facility, after deducting the net salvage value derived from the
652	652	old facility.
653	653	(b) The authority may overflow and inundate any public
654	654	property and require the relocation of a road, pipeline,
655	655	transmission line, railroad, cemetery, or highway in the manner and
656	656	to the extent permitted to a district organized under general law
657	657	under Section 59, Article XVI, Texas Constitution.
658	658	(c) If in the exercise of the power of eminent domain or any
659	659	other power the authority requires relocating, raising, lowering,
660	660	rerouting, or changing the grade of or altering the construction of
661	661	any railroad, transmission line, conduit, pole, property,
662	662	facility, or pipeline, the action shall be the authority's sole
663	663	expense. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 2(o).)
664	664	Sec. 8512.0317. CONSTRUCTION, MAINTENANCE, AND OPERATION
665	665	OF FACILITIES. The authority may construct, extend, improve,
666	666	maintain, reconstruct, and use and operate facilities of any kind
667	667	necessary or convenient to the exercise of the authority's powers,
668	668	rights, privileges, and functions. (Acts 43rd Leg., 1st C.S., Ch.
669	669	75, Sec. 2(p).)
670	670	Sec. 8512.0318. GENERAL CONTRACT POWERS. (a) The
671	671	authority may enter into a contract or execute an instrument
672	672	necessary or convenient to the exercise of the powers, rights,
673	673	privileges, and functions conferred on the authority by this
674	674	chapter or general law, including a contract with any person as the
675	675	board considers necessary or proper for, or in connection with, any
676	676	corporate purpose to provide for the construction, acquisition,
677	677	ownership, financing, operation, maintenance, sale, leasing to or
678	678	from, or other use or disposition of any facility authorized to be
679	679	developed, preserved, conserved, acquired, or constructed under
680	680	this chapter or general law.
681	681	(b) The power to enter into a contract regarding a facility
682	682	under Subsection (a) includes the power to enter into a contract
683	683	regarding:
684	684	(1) any improvements, structures, facilities,
685	685	equipment, and other property of any kind in connection with the
686	686	contract's subject;
687	687	(2) any land, leaseholds, and easements; and
688	688	(3) any interests in property described by this
689	689	subsection.
690	690	(c) A contract entered into or instrument executed under
691	691	this section may be for the term and contain the provisions the
692	692	board determines to be in the authority's best interests. (Acts
693	693	43rd Leg., 1st C.S., Ch. 75, Sec. 2(v).)
694	694	Sec. 8512.0319. JOINT PROJECTS RELATED TO PROPERTY. The
695	695	authority may:
696	696	(1) authorize any person to participate with the
697	697	authority in the joint construction, acquisition, ownership,
698	698	financing, operation, and maintenance of improvements, structures,
699	699	facilities, equipment, and any other property in connection with
700	700	the subject of the authorization, and all land, leaseholds,
701	701	easements, and interests in the property that the board determines
702	702	to be necessary or proper for, or in connection with, any corporate
703	703	purpose; and
704	704	(2) allow a joint participant to receive the portion
705	705	of the revenue derived from the property that the board considers
706	706	just, equitable, and proper. (Acts 43rd Leg., 1st C.S., Ch. 75,
707	707	Sec. 2(w).)
708	708	Sec. 8512.0320. STATE SUPERVISION AND APPROVAL. The
709	709	commission shall consider the adequacy of, and approve or refuse to
710	710	approve, any flood control or conservation improvement plan that:
711	711	(1) the authority devises to achieve a plan or purpose
712	712	for which the authority was created; and
713	713	(2) contemplates an improvement that the commission
714	714	would supervise under general law. (Acts 43rd Leg., 1st C.S., Ch.
715	715	75, Sec. 3 (part).)
716	716	Sec. 8512.0321. ADDITIONAL POWERS RELATING TO CONTRACTS,
717	717	RULES, AND REGULATIONS. The authority may enter into and carry out
718	718	contracts or establish or comply with rules and regulations
719	719	concerning labor and materials and other related matters in
720	720	connection with any project the authority considers desirable or as
721	721	requested by this state, the United States, or any corporation or
722	722	agency created, designated, or established by this state or the
723	723	United States, that may assist in financing the project. (Acts 43rd
724	724	Leg., 1st C.S., Ch. 75, Sec. 13.)
725	725	Sec. 8512.0322. PUBLIC USE OF AUTHORITY'S SURPLUS LAND.
726	726	The authority may not prevent free public use of the authority's
727	727	surplus land for recreational purposes, hunting, or fishing except
728	728	to the extent to which, in the board's opinion, the use would
729	729	interfere with the proper conduct of the business. (Acts 43rd Leg.,
730	730	1st C.S., Ch. 75, Sec. 15.)
731	731	Sec. 8512.0323. EFFECT OF CHAPTER ON WATER RIGHTS AND
732	732	GROUNDWATER REGULATION. (a) This chapter does not confer any water
733	733	rights on the authority or set any priority of rights. The
734	734	authority must obtain its water rights by application to and permit
735	735	from the commission as provided by general statute.
736	736	(b) This chapter does not authorize the authority to
737	737	regulate the withdrawal of groundwater. (Acts 43rd Leg., 1st C.S.,
738	738	Ch. 75, Sec. 2(y) (part).)
739	739	Sec. 8512.0324. APPLICABILITY OF CERTAIN STATUTES. The
740	740	rights, powers, privileges, and functions granted to the authority
741	741	under this chapter, and the authority itself, are expressly subject
742	742	to Chapters 5, 7, 11, 12, 17, 26, and 30, Water Code, and Chapter
743	743	366, Health and Safety Code. (Acts 43rd Leg., 1st C.S., Ch. 75,
744	744	Sec. 2(y) (part).)
745	745	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
746	746	Sec. 8512.0401. DISBURSEMENT OF MONEY. The authority may
747	747	disburse the authority's money only by a check, draft, order, or
748	748	other instrument signed by a person authorized to sign the
749	749	instrument by the bylaws or a resolution in which at least five
750	750	directors concur. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 6
751	751	(part).)
752	752	Sec. 8512.0402. ACCOUNTS, CONTRACTS, AND OTHER RECORDS;
753	753	PUBLIC INSPECTION. (a) The authority shall keep complete and
754	754	accurate accounts conforming to approved methods of bookkeeping.
755	755	(b) The accounts and all contracts, documents, and records
756	756	of the authority shall be kept at an official authority office.
757	757	(c) The contracts shall be open to public inspection at all
758	758	reasonable times. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 7
759	759	(part).)
760	760	Sec. 8512.0403. FILING OF AUDIT REPORT. Copies of the audit
761	761	report prepared under Subchapter G, Chapter 49, Water Code, shall
762	762	be certified to by the accountant who performed the audit and filed:
763	763	(1) as required by Section 49.194, Water Code; and
764	764	(2) with the comptroller. (Acts 43rd Leg., 1st C.S.,
765	765	Ch. 75, Sec. 7 (part); New.)
766	766	Sec. 8512.0404. ASSET MANAGEMENT PLAN. (a) In this
767	767	section, "system" means a system for the:
768	768	(1) provision of water to the public for human
769	769	consumption; or
770	770	(2) collection and treatment of wastewater.
771	771	(b) The authority shall adopt an asset management plan by:
772	772	(1) preparing an asset inventory that identifies the
773	773	assets of each system and the asset's condition;
774	774	(2) developing criteria to prioritize assets for
775	775	repair or replacement, including:
776	776	(A) the date by which the asset will need to be
777	777	repaired or replaced;
778	778	(B) the importance of the asset in providing safe
779	779	drinking water and complying with regulatory standards;
780	780	(C) the importance of the asset to the effective
781	781	operation of the system; and
782	782	(D) other criteria the authority determines;
783	783	(3) estimating asset repair and replacement costs;
784	784	(4) identifying and evaluating potential financing
785	785	options; and
786	786	(5) prioritizing systems that are not in compliance
787	787	with federal or state regulatory standards, including water quality
788	788	standards.
789	789	(c) The authority shall review and revise the asset
790	790	management plan annually to account for regulatory changes and
791	791	other developments.
792	792	(d) The board shall approve the asset management plan
793	793	annually as part of its budgeting process.
794	794	(e) The asset management plan's findings must be posted on
795	795	the authority's publicly accessible Internet website. (Acts 43rd
796	796	Leg., 1st C.S., Ch. 75, Sec. 26.)
797	797	Sec. 8512.0405. RATES AND OTHER CHARGES. (a) The board
798	798	shall impose rates and other charges for the sale or use of water,
799	799	water connections, power, electric energy, or other services the
800	800	authority sells, provides, or supplies.
801	801	(b) The rates and other charges must be reasonable,
802	802	nondiscriminatory, and sufficient to provide revenue adequate to:
803	803	(1) pay all expenses necessary to the operation,
804	804	maintenance, and replacement of and the making of additions to the
805	805	authority's properties and facilities;
806	806	(2) pay the principal of, the interest on, and any
807	807	premium on all bonds issued under this chapter when they become due
808	808	and payable;
809	809	(3) pay all sinking fund or reserve fund payments
810	810	agreed to be made with respect to any of those bonds and payable out
811	811	of that revenue when and as they become due and payable;
812	812	(4) fulfill the terms of any agreements made with the
813	813	holders of those bonds or with any person in their behalf; and
814	814	(5) discharge all other lawful obligations of the
815	815	authority when they become due.
816	816	(c) The rates and other charges may not exceed the amount
817	817	that may be necessary to fulfill the obligations imposed on the
818	818	authority by this chapter. (Acts 43rd Leg., 1st C.S., Ch. 75, Secs.
819	819	9(a), (b), (c), (d), (e), (g) (part).)
820	820	Sec. 8512.0406. USE OF EXCESS REVENUE. If the authority
821	821	receives revenue in excess of that required for the purposes
822	822	specified by Sections 8512.0405(b)(1), (2), (3), and (5), the board
823	823	may:
824	824	(1) use the excess revenue to:
825	825	(A) establish a reasonable depreciation and
826	826	emergency fund; or
827	827	(B) retire bonds issued under this chapter by
828	828	purchase and cancellation or redemption; or
829	829	(2) apply the excess revenue to any corporate purpose.
830	830	(Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 9(f).)
831	831	Sec. 8512.0407. PAYMENTS UNDER AGREEMENTS FOR USE OR SALE
832	832	OF PROPERTY. (a) If the authority enters into an agreement to
833	833	lease, sell, or otherwise dispose of any property or facilities to
834	834	any person, the person is subject to the regulations and control of
835	835	rates or other charges by this state as may be provided by agreement
836	836	or general law.
837	837	(b) Notwithstanding Subsection (a), the board shall set
838	838	payments under a lease or other contract or agreement for the use or
839	839	sale of any property so that the payments, together with any other
840	840	pledged revenue, will be sufficient to:
841	841	(1) pay the principal of, the interest on, and any
842	842	premium on all bonds to which the payments are pledged when they
843	843	become due and payable;
844	844	(2) pay all sinking fund or reserve fund payments
845	845	agreed to be made with respect to any bonds described by Subdivision
846	846	(1), and payable out of those payments, when they become due and
847	847	payable;
848	848	(3) fulfill the terms of any agreement made with the
849	849	holders of bonds described by Subdivision (1) or any person in their
850	850	behalf; and
851	851	(4) discharge all other obligations of the authority
852	852	in connection with bonds described by Subdivision (1) when they
853	853	become due. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 9(h).)
854	854	Sec. 8512.0408. TAX, ASSESSMENT, OR PLEDGE OF CREDIT OF
855	855	STATE NOT AUTHORIZED BY CHAPTER. This chapter does not authorize
856	856	the authority to:
857	857	(1) impose a tax or assessment;
858	858	(2) create any debt payable out of taxes or
859	859	assessments; or
860	860	(3) pledge this state's credit. (Acts 43rd Leg., 1st
861	861	C.S., Ch. 75, Sec. 1 (part).)
862	862	SUBCHAPTER E. BORROWED MONEY AND GRANTS
863	863	Sec. 8512.0501. LOANS AND GRANTS. The authority may:
864	864	(1) borrow money for the authority's corporate
865	865	purposes;
866	866	(2) borrow money or accept a grant from any person,
867	867	including this state, the United States, or a corporation or agency
868	868	created or designated by this state or the United States;
869	869	(3) in connection with a loan or grant described by
870	870	Subdivision (2), enter into any agreement this state, the United
871	871	States, or the corporation or agency requires;
872	872	(4) make and issue the authority's bonds for money
873	873	borrowed, in the manner and to the extent provided by this chapter;
874	874	and
875	875	(5) refund or refinance any outstanding bonds and make
876	876	and issue the authority's bonds for those purposes in the manner and
877	877	to the extent provided by this chapter. (Acts 43rd Leg., 1st C.S.,
878	878	Ch. 75, Sec. 2(x) (part).)
879	879	Sec. 8512.0502. STATE PLEDGE REGARDING RIGHTS AND REMEDIES
880	880	OF BONDHOLDERS. This chapter does not deprive this state of its
881	881	power to regulate and control rates or other charges to be imposed
882	882	for the use of water, water connections, power, electric energy, or
883	883	another service. This state pledges to and agrees with the
884	884	purchasers and successive holders of the bonds issued under this
885	885	chapter that this state will not limit or alter the power this
886	886	chapter gives the authority to impose rates and other charges that
887	887	will produce revenue sufficient to pay the items specified by
888	888	Section 8512.0405(b) or in any way impair the rights or remedies of
889	889	the bondholders, or of any person in their behalf, until the
890	890	following are fully discharged:
891	891	(1) the bonds;
892	892	(2) the interest on the bonds;
893	893	(3) any premium;
894	894	(4) interest on unpaid installments of interest;
895	895	(5) all costs and expenses in connection with any
896	896	action or proceeding by or on behalf of the bondholders; and
897	897	(6) all other authority obligations in connection with
898	898	the bonds. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 9(g) (part).)
899	899	Sec. 8512.0503. OBLIGATION PAYABLE FROM REVENUE. An
900	900	authority debt, liability, or obligation for the payment of money,
901	901	however entered into or incurred and whether arising from an
902	902	express or implied contract or otherwise, is payable:
903	903	(1) out of the revenue the authority receives with
904	904	respect to the authority's properties, subject to any prior lien on
905	905	the revenue conferred by any resolution previously adopted as
906	906	provided by this chapter authorizing the issuance of bonds; or
907	907	(2) if the board so determines, out of the proceeds of
908	908	sale by the authority of bonds payable solely from revenue
909	909	described by Subdivision (1). (Acts 43rd Leg., 1st C.S., Ch. 75,
910	910	Sec. 10.)
911	911	Sec. 8512.0504. POWER TO ISSUE BONDS. (a) The authority
912	912	may issue bonds for any corporate purpose.
913	913	(b) The bonds must be authorized by a board resolution.
914	914	(Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 11 (part).)
915	915	Sec. 8512.0505. TERMS OF ISSUANCE. Authority bonds may be:
916	916	(1) sold for cash;
917	917	(2) issued on terms the board determines in exchange
918	918	for property of any kind, or any property interest, that the board
919	919	considers necessary or convenient for the corporate purpose for
920	920	which the bonds are issued; or
921	921	(3) issued in exchange for like principal amounts of
922	922	other matured or unmatured authority obligations. (Acts 43rd Leg.,
923	923	1st C.S., Ch. 75, Sec. 11 (part).)
924	924	Sec. 8512.0506. DEPOSIT OF PROCEEDS. The proceeds of sale
925	925	of authority bonds shall be deposited in one or more banks or trust
926	926	companies, and shall be paid out according to the terms, on which
927	927	the authority and the purchasers of the bonds agree. (Acts 43rd
928	928	Leg., 1st C.S., Ch. 75, Sec. 11 (part).)
929	929	Sec. 8512.0507. RESOLUTION PROVISIONS. (a) A resolution
930	930	authorizing bonds may contain provisions:
931	931	(1) reserving the right to redeem the bonds or
932	932	requiring the redemption of the bonds, at the time, in the amount,
933	933	and at the price, not exceeding 105 percent of the principal amount
934	934	of the bonds, plus accrued interest, as may be provided;
935	935	(2) providing for the setting aside of sinking funds
936	936	or reserve funds and the regulation and disposition of those funds;
937	937	(3) pledging, to secure the payment of the principal
938	938	of and interest on the bonds and of the sinking fund or reserve fund
939	939	payments agreed to be made with respect to the bonds:
940	940	(A) all or any part of the gross or net revenue
941	941	subsequently received by the authority with respect to the property
942	942	to be acquired or constructed with the bonds or the proceeds of the
943	943	bonds; or
944	944	(B) all or any part of the gross or net revenue
945	945	subsequently received by the authority from any source;
946	946	(4) prescribing the purposes to which the bonds or any
947	947	bonds subsequently to be issued, or the proceeds of the bonds, may
948	948	be applied;
949	949	(5) agreeing to impose rates and other charges
950	950	sufficient to produce revenue adequate to pay the items specified
951	951	by Section 8512.0405(b) and prescribing the use and disposition of
952	952	all revenue;
953	953	(6) prescribing limitations on the issuance of
954	954	additional bonds and subordinate lien bonds and on the agreements
955	955	that may be made with the purchasers and successive holders of those
956	956	bonds;
957	957	(7) with regard to the construction, extension,
958	958	improvement, reconstruction, operation, maintenance, and repair of
959	959	the authority's properties and the carrying of insurance on all or
960	960	any part of those properties covering loss or damage or loss of use
961	961	and occupancy resulting from specified risks;
962	962	(8) setting the procedure, if any, by which the
963	963	authority may change the terms of a contract with the bondholders,
964	964	the amount of bonds the holders of which must consent to that
965	965	change, and the manner in which the consent may be given;
966	966	(9) providing for the execution and delivery by the
967	967	authority to a bank or trust company authorized by law to accept
968	968	trusts, or to the United States or any officer of the United States,
969	969	of indentures and agreements for the benefit of the bondholders
970	970	setting forth any or all of the agreements authorized by this
971	971	chapter to be made with or for the benefit of the bondholders and
972	972	any other provisions that are customary in such indentures or
973	973	agreements; and
974	974	(10) approved by the board that are not inconsistent
975	975	with this chapter.
976	976	(b) A provision authorized by this section that is contained
977	977	in a bond resolution is part of the contract between the authority
978	978	and the bondholders. (Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 11
979	979	(part).)
980	980	Sec. 8512.0508. DEFAULT PROCEDURES. (a) This section
981	981	applies only to a default in:
982	982	(1) the payment of the principal of bonds as they
983	983	become due and payable, whether at maturity, by call for
984	984	redemption, or otherwise;
985	985	(2) the payment of the interest on bonds as the
986	986	interest becomes due and payable; or
987	987	(3) the performance of an agreement made with the
988	988	purchasers or successive holders of bonds.
989	989	(b) A resolution authorizing bonds and any indenture or
990	990	agreement entered into under the resolution may provide that in the
991	991	event of a default described by Subsection (a) that continues for a
992	992	period, if any, prescribed by the resolution, the trustee under the
993	993	indenture entered into with respect to the bonds authorized by the
994	994	resolution, or, if there is no indenture, a trustee appointed in the
995	995	manner provided by the resolution by the holders of 25 percent in
996	996	aggregate principal amount of the bonds authorized by the
997	997	resolution and then outstanding, and on the written request of the
998	998	holders of 25 percent in aggregate principal amount of the bonds
999	999	authorized by the resolution then outstanding, shall, in the
1000	1000	trustee's own name, but for the equal and proportionate benefit of
1001	1001	the holders of all of the bonds, and with or without having
1002	1002	possession of the bonds:
1003	1003	(1) enforce by mandamus or other action or proceeding
1004	1004	at law or in equity all rights of the bondholders;
1005	1005	(2) bring an action on the bonds or the related
1006	1006	coupons;
1007	1007	(3) require by action in equity the authority to
1008	1008	account as if it were the trustee of an express trust for the
1009	1009	bondholders;
1010	1010	(4) enjoin by action in equity any acts or things that
1011	1011	may be unlawful or in violation of the rights of the bondholders; or
1012	1012	(5) after such notice to the authority as the
1013	1013	resolution may provide, declare the principal of all of the bonds
1014	1014	due and payable, and if all defaults have been satisfied, then with
1015	1015	the written consent of the holders of 25 percent in aggregate
1016	1016	principal amount of the bonds then outstanding, annul the
1017	1017	declaration and its consequences.
1018	1018	(c) Notwithstanding Subsection (b), the holders of more
1019	1019	than a majority in principal amount of the bonds authorized by the
1020	1020	resolution and then outstanding, by written instrument delivered to
1021	1021	the trustee, are entitled to direct and control any and all action
1022	1022	taken or to be taken by the trustee under this section.
1023	1023	(d) A resolution, indenture, or agreement relating to bonds
1024	1024	may provide that in an action or proceeding under this section, the
1025	1025	trustee, whether or not all of the bonds have been declared due and
1026	1026	payable and with or without possession of any of the bonds, is
1027	1027	entitled to the appointment of a receiver who may:
1028	1028	(1) enter and take possession of all or any part of the
1029	1029	properties of the authority;
1030	1030	(2) operate and maintain the properties;
1031	1031	(3) impose rates and other charges sufficient to
1032	1032	provide revenue adequate to pay the items specified by Section
1033	1033	8512.0405(b) and the costs and disbursements of the action or
1034	1034	proceeding; and
1035	1035	(4) apply the revenue in accordance with this chapter
1036	1036	and the resolution authorizing the bonds.
1037	1037	(e) In an action or proceeding by a trustee under this
1038	1038	section, the reasonable fees, attorney's fees, and expenses of the
1039	1039	trustee and of the receiver, if any, constitute taxable
1040	1040	disbursements, and all costs and disbursements allowed by the court
1041	1041	are a first charge on any revenue pledged to secure the payment of
1042	1042	the bonds.
1043	1043	(f) The courts of Comal County have jurisdiction of an
1044	1044	action or proceeding by a trustee on behalf of the bondholders and
1045	1045	of all property involved in the action or proceeding.
1046	1046	(g) In addition to the powers specifically provided by this
1047	1047	section, a trustee has all powers necessary or appropriate for the
1048	1048	exercise of the powers specifically provided or incident to the
1049	1049	general representation of the bondholders in the enforcement of
1050	1050	their rights. (Acts 43rd Leg., 1st C.S., Ch. 75, Secs. 11(j)(1),
1051	1051	(2).)
1052	1052	Sec. 8512.0509. INTERIM BONDS. (a) Before issuing
1053	1053	definitive bonds, the authority may make and issue interim bonds.
1054	1054	(b) The interim bonds issued shall be taken up with the
1055	1055	proceeds of the definitive bonds, or the definitive bonds may be
1056	1056	issued and delivered in exchange for the interim bonds.
1057	1057	(c) After an exchange of definitive bonds for interim bonds,
1058	1058	the authority shall file certificates with the comptroller as to
1059	1059	the exchange and cancellation, and the comptroller shall register
1060	1060	the certificates in the same manner as the proceedings authorizing
1061	1061	the issuance of the bonds are registered. (Acts 43rd Leg., 1st
1062	1062	C.S., Ch. 75, Sec. 11(j)(3) (part).)
1063	1063	Sec. 8512.0510. TEMPORARY BONDS. The authority may make
1064	1064	and issue temporary bonds for the purpose of interim financing and
1065	1065	make agreements or other provision to refinance the temporary bonds
1066	1066	with bonds to provide permanent financing at the time, in the
1067	1067	manner, and on the conditions the board determines. (Acts 43rd
1068	1068	Leg., 1st C.S., Ch. 75, Sec. 11(j)(3) (part).)
1069	1069	Sec. 8512.0511. REFUNDING BONDS. (a) The authority may
1070	1070	make and issue refunding bonds for the purpose of refunding or
1071	1071	refinancing outstanding bonds authorized and issued by the
1072	1072	authority under this chapter or other law and the interest and
1073	1073	premium, if any, on the bonds to maturity or on any earlier
1074	1074	redemption date specified in the resolution authorizing the
1075	1075	issuance of the refunding bonds.
1076	1076	(b) Refunding bonds may:
1077	1077	(1) be issued to refund more than one series of
1078	1078	outstanding bonds;
1079	1079	(2) combine the pledges of the outstanding bonds for
1080	1080	the security of the refunding bonds; or
1081	1081	(3) be secured by other or additional revenue.
1082	1082	(c) The provisions of this chapter regarding the issuance of
1083	1083	bonds, the terms and provisions of bonds, and the remedies of the
1084	1084	bondholders apply to refunding bonds.
1085	1085	(d) The comptroller shall register the refunding bonds on
1086	1086	the surrender and cancellation of the bonds to be refunded.
1087	1087	(e) Instead of issuing bonds to be registered on the
1088	1088	surrender and cancellation of the bonds to be refunded, the
1089	1089	authority, in the resolution authorizing the issuance of refunding
1090	1090	bonds, may provide for the sale of the refunding bonds and the
1091	1091	deposit of the proceeds at the places at which the bonds to be
1092	1092	refunded are payable. In that case, the refunding bonds may be
1093	1093	issued in an amount sufficient to pay the interest and premium, if
1094	1094	any, on the bonds to be refunded to their maturity date or specified
1095	1095	earlier redemption date, and the comptroller shall register the
1096	1096	refunding bonds without the concurrent surrender and cancellation
1097	1097	of the bonds to be refunded.
1098	1098	(f) The authority may also refund outstanding bonds in the
1099	1099	manner provided by any applicable general law. (Acts 43rd Leg., 1st
1100	1100	C.S., Ch. 75, Sec. 11(j)(7).)
1101	1101	Sec. 8512.0512. POWER OF AUTHORITY TO PURCHASE BONDS ISSUED
1102	1102	BY AUTHORITY. (a) Using any money available for the purpose, the
1103	1103	authority may purchase bonds issued by the authority at a price not
1104	1104	exceeding the redemption price applicable at the time of the
1105	1105	purchase, or, if the bonds are not redeemable, at a price not
1106	1106	exceeding the principal amount of the bonds plus accrued interest.
1107	1107	(b) All bonds purchased under this section shall be
1108	1108	cancelled, and bonds may not be issued in lieu of those bonds.
1109	1109	(Acts 43rd Leg., 1st C.S., Ch. 75, Sec. 14.)
1110	1110	Sec. 8512.0513. BONDS EXEMPT FROM TAXATION. A bond issued
1111	1111	under this chapter and the interest on the bond are exempt from
1112	1112	taxation, except inheritance taxes, by this state or by any
1113	1113	political subdivision of this state. (Acts 43rd Leg., 1st C.S., Ch.
1114	1114	75, Sec. 16 (part).)
1115	1115	CHAPTER 8515. UPPER GUADALUPE RIVER AUTHORITY
1116	1116	SUBCHAPTER A. GENERAL PROVISIONS
1117	1117	Sec. 8515.0101. DEFINITIONS
1118	1118	Sec. 8515.0102. NATURE OF AUTHORITY
1119	1119	Sec. 8515.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
1120	1120	Sec. 8515.0104. REVIEW SCHEDULE UNDER SUNSET ACT
1121	1121	Sec. 8515.0105. TERRITORY
1122	1122	Sec. 8515.0106. CERTAIN STATUTES NOT APPLICABLE TO
1123	1123	AUTHORITY
1124	1124	SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
1125	1125	Sec. 8515.0201. MEMBERSHIP OF BOARD
1126	1126	Sec. 8515.0202. TERMS
1127	1127	Sec. 8515.0203. REMOVAL
1128	1128	Sec. 8515.0204. VACANCY
1129	1129	Sec. 8515.0205. OATH AND BOND REQUIREMENT FOR
1130	1130	DIRECTORS
1131	1131	Sec. 8515.0206. OFFICERS
1132	1132	Sec. 8515.0207. VOTE BY PRESIDENT
1133	1133	Sec. 8515.0208. ABSENCE OR INACTION OF PRESIDENT
1134	1134	Sec. 8515.0209. DUTY OF SECRETARY; ABSENCE OF
1135	1135	SECRETARY FROM BOARD MEETING
1136	1136	Sec. 8515.0210. SEPARATION OF POLICY-MAKING AND
1137	1137	MANAGEMENT FUNCTIONS
1138	1138	Sec. 8515.0211. DIRECTOR TRAINING PROGRAM
1139	1139	Sec. 8515.0212. GENERAL MANAGER
1140	1140	Sec. 8515.0213. COMPLAINTS
1141	1141	Sec. 8515.0214. PUBLIC TESTIMONY
1142	1142	SUBCHAPTER C. POWERS AND DUTIES
1143	1143	Sec. 8515.0301. GENERAL POWERS AND DUTIES
1144	1144	Sec. 8515.0302. ADDITIONAL POWERS
1145	1145	Sec. 8515.0303. CONSERVATION AND DEVELOPMENT
1146	1146	Sec. 8515.0304. COST OF RELOCATING OR ALTERING
1147	1147	PROPERTY
1148	1148	Sec. 8515.0305. POWERS RELATING TO GRANTS AND
1149	1149	CONTRACTS
1150	1150	Sec. 8515.0306. POWERS RELATING TO WASTE FACILITIES
1151	1151	Sec. 8515.0307. NOTICE OF ELECTION
1152	1152	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1153	1153	Sec. 8515.0401. TAX METHOD
1154	1154	Sec. 8515.0402. DEPOSITORY
1155	1155	Sec. 8515.0403. PAYMENT OF TAX OR ASSESSMENT NOT
1156	1156	REQUIRED
1157	1157	SUBCHAPTER E. NOTES, BONDS, AND BORROWED MONEY
1158	1158	Sec. 8515.0501. REVENUE NOTES
1159	1159	Sec. 8515.0502. BORROWING MONEY
1160	1160	Sec. 8515.0503. AUTHORITY TO ISSUE BONDS
1161	1161	Sec. 8515.0504. EXCHANGING BONDS FOR PROPERTY OR WORK
1162	1162	Sec. 8515.0505. BOND ELECTION; NOTICE
1163	1163	Sec. 8515.0506. FAILED BOND ELECTION
1164	1164	Sec. 8515.0507. BONDS EXEMPT FROM TAXATION
1165	1165	CHAPTER 8515. UPPER GUADALUPE RIVER AUTHORITY
1166	1166	SUBCHAPTER A. GENERAL PROVISIONS
1167	1167	Sec. 8515.0101. DEFINITIONS. In this chapter:
1168	1168	(1) "Authority" means the Upper Guadalupe River
1169	1169	Authority.
1170	1170	(2) "Board" means the authority's board of directors.
1171	1171	(3) "Director" means a board member. (Acts 46th Leg.,
1172	1172	R.S., p. 1062, S.L., Ch. 5, Sec. 1 (part); New.)
1173	1173	Sec. 8515.0102. NATURE OF AUTHORITY. The authority is a
1174	1174	conservation and reclamation district in Kerr County created under
1175	1175	Section 59, Article XVI, Texas Constitution. (Acts 46th Leg.,
1176	1176	R.S., p. 1062, S.L., Ch. 5, Secs. 1 (part), 10(b)(d) (part).)
1177	1177	Sec. 8515.0103. FINDINGS OF BENEFIT AND PUBLIC
1178	1178	PURPOSE. (a) The authority is created to serve a public use and
1179	1179	benefit.
1180	1180	(b) All property in the authority will benefit from the
1181	1181	works and projects the authority will accomplish under the powers
1182	1182	conferred by Section 59, Article XVI, Texas Constitution.
1183	1183	(c) The authority's creation is essential to accomplish the
1184	1184	purposes of Section 59, Article XVI, Texas Constitution.
1185	1185	(d) The authority performs an essential public function
1186	1186	under the Texas Constitution in carrying out the purposes of this
1187	1187	chapter because the accomplishment of those purposes is for the
1188	1188	benefit of the people of this state and the improvement of their
1189	1189	properties and industries. (Acts 46th Leg., R.S., p. 1062, S.L.,
1190	1190	Ch. 5, Secs. 1 (part), 4, 22 (part).)
1191	1191	Sec. 8515.0104. REVIEW SCHEDULE UNDER SUNSET ACT. A review
1192	1192	of the authority under Section 325.025, Government Code, shall be
1193	1193	conducted as if the authority were a state agency scheduled to be
1194	1194	abolished September 1, 2035, and every 12th year after that year.
1195	1195	(Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 1A(a) (part).)
1196	1196	Sec. 8515.0105. TERRITORY. (a) The authority is composed
1197	1197	of the territory described by Subsection (b) as that territory may
1198	1198	have been modified under:
1199	1199	(1) Subchapter J, Chapter 49, Water Code;
1200	1200	(2) Subchapter O, Chapter 51, Water Code; or
1201	1201	(3) other law.
1202	1202	(b) The authority includes all territory in the boundaries
1203	1203	of Kerr County. (Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 2;
1204	1204	New.)
1205	1205	Sec. 8515.0106. CERTAIN STATUTES NOT APPLICABLE TO
1206	1206	AUTHORITY. (a) The authority is created notwithstanding the
1207	1207	provisions of Chapter 160, Acts of the 58th Legislature, Regular
1208	1208	Session, 1963 (former Article 970a, Vernon's Texas Civil Statutes),
1209	1209	as those provisions existed on June 17, 1965, and those provisions
1210	1210	do not apply to the authority.
1211	1211	(b) Any conflict between this section and subsequent
1212	1212	amendments to provisions described by Subsection (a) or the
1213	1213	subsequent codification of provisions described by Subsection (a)
1214	1214	in the Local Government Code is governed by the rules of statutory
1215	1215	construction, including Sections 311.025(a) and 311.026,
1216	1216	Government Code (Code Construction Act). (Acts 46th Leg., R.S., p.
1217	1217	1062, S.L., Ch. 5, Sec. 13; New.)
1218	1218	SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
1219	1219	Sec. 8515.0201. MEMBERSHIP OF BOARD. (a) The board
1220	1220	consists of nine directors appointed by the governor.
1221	1221	(b) To be appointed as a director, a person must:
1222	1222	(1) be 18 years of age or older; and
1223	1223	(2) reside and own land in Kerr County. (Acts 46th
1224	1224	Leg., R.S., p. 1062, S.L., Ch. 5, Secs. 9(a) (part), (b) (part).)
1225	1225	Sec. 8515.0202. TERMS. Directors serve staggered four-year
1226	1226	terms, with four or five directors' terms expiring on February 1 of
1227	1227	each odd-numbered year. (Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5,
1228	1228	Secs. 9(a) (part), (b) (part).)
1229	1229	Sec. 8515.0203. REMOVAL. (a) It is a ground for removal
1230	1230	from the board that a director:
1231	1231	(1) does not have at the time of taking office the
1232	1232	qualifications required by Sections 8515.0201 and 8515.0205;
1233	1233	(2) does not maintain during service on the board the
1234	1234	qualifications required by Sections 8515.0201 and 8515.0205;
1235	1235	(3) is ineligible for directorship under Chapter 171,
1236	1236	Local Government Code;
1237	1237	(4) cannot, because of illness or disability,
1238	1238	discharge the director's duties for a substantial part of the
1239	1239	director's term; or
1240	1240	(5) is absent from more than half of the regularly
1241	1241	scheduled board meetings that the director is eligible to attend
1242	1242	during a calendar year without an excuse approved by a majority vote
1243	1243	of the board.
1244	1244	(b) The validity of a board action is not affected by the
1245	1245	fact that it is taken when a ground for removal of a director
1246	1246	exists.
1247	1247	(c) If the general manager has knowledge that a potential
1248	1248	ground for removal exists, the general manager shall notify the
1249	1249	board president of the potential ground. The president shall then
1250	1250	notify the governor and the attorney general that a potential
1251	1251	ground for removal exists. If the potential ground for removal
1252	1252	involves the president, the general manager shall notify the next
1253	1253	highest ranking director, who shall then notify the governor and
1254	1254	the attorney general that a potential ground for removal exists.
1255	1255	(Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 9A.)
1256	1256	Sec. 8515.0204. VACANCY. The governor shall fill a vacancy
1257	1257	on the board by appointing a person for the unexpired term. (Acts
1258	1258	46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 9(b) (part).)
1259	1259	Sec. 8515.0205. OATH AND BOND REQUIREMENT FOR DIRECTORS.
1260	1260	(a) Each director shall:
1261	1261	(1) take the constitutional oath of office; and
1262	1262	(2) execute a bond for $5,000, conditioned on the
1263	1263	faithful performance of the director's duties.
1264	1264	(b) The authority shall pay the cost of the bond. (Acts 46th
1265	1265	Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 9(a) (part).)
1266	1266	Sec. 8515.0206. OFFICERS. (a) The governor shall
1267	1267	designate a director as president to serve in that capacity at the
1268	1268	will of the governor. The president is the authority's chief
1269	1269	executive officer and the board's presiding officer.
1270	1270	(b) The board shall elect from the board's membership a vice
1271	1271	president, a secretary, and any other officers the board determines
1272	1272	necessary. (Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Secs. 9(b)
1273	1273	(part), (c) (part).)
1274	1274	Sec. 8515.0207. VOTE BY PRESIDENT. The president has the
1275	1275	same right to vote as any other director. (Acts 46th Leg., R.S., p.
1276	1276	1062, S.L., Ch. 5, Sec. 9(c) (part).)
1277	1277	Sec. 8515.0208. ABSENCE OR INACTION OF PRESIDENT. When the
1278	1278	president is absent or fails or declines to act, the vice president
1279	1279	shall perform all duties and exercise all powers this chapter or
1280	1280	general law confers on the president. (Acts 46th Leg., R.S., p.
1281	1281	1062, S.L., Ch. 5, Sec. 9(c) (part).)
1282	1282	Sec. 8515.0209. DUTY OF SECRETARY; ABSENCE OF SECRETARY
1283	1283	FROM BOARD MEETING. (a) The secretary shall keep and sign the
1284	1284	minutes of each board meeting and is the custodian of the
1285	1285	authority's minutes and records.
1286	1286	(b) If the secretary is absent from a board meeting, the
1287	1287	board shall name a secretary pro tem for the meeting who may:
1288	1288	(1) exercise all powers and duties of the secretary
1289	1289	for the meeting;
1290	1290	(2) sign the minutes of the meeting; and
1291	1291	(3) attest all orders passed or other action taken at
1292	1292	the meeting. (Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 9(c)
1293	1293	(part).)
1294	1294	Sec. 8515.0210. SEPARATION OF POLICY-MAKING AND MANAGEMENT
1295	1295	FUNCTIONS. The board shall develop and implement policies that
1296	1296	clearly separate the board's policy-making responsibilities and
1297	1297	the general manager's and staff's management responsibilities.
1298	1298	(Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 9(f).)
1299	1299	Sec. 8515.0211. DIRECTOR TRAINING PROGRAM. (a) A person
1300	1300	who is appointed to and qualifies for office as a director may not
1301	1301	vote, deliberate, or be counted as a director in attendance at a
1302	1302	board meeting until the person completes a training program that
1303	1303	complies with this section.
1304	1304	(b) The training program must provide the person with
1305	1305	information regarding:
1306	1306	(1) the law governing the authority's operations;
1307	1307	(2) the authority's programs, functions, rules, and
1308	1308	budget;
1309	1309	(3) the scope of and limitations on the board's
1310	1310	rulemaking authority;
1311	1311	(4) the results of the authority's most recent formal
1312	1312	audit;
1313	1313	(5) the requirements of:
1314	1314	(A) laws relating to open meetings, public
1315	1315	information, administrative procedure, and disclosing conflicts of
1316	1316	interest; and
1317	1317	(B) other laws applicable to members of a river
1318	1318	authority's governing body in performing their duties; and
1319	1319	(6) any applicable ethics policies adopted by the
1320	1320	authority or the Texas Ethics Commission.
1321	1321	(c) A person appointed to the board is entitled to
1322	1322	reimbursement for the travel expenses incurred in attending the
1323	1323	training program regardless of whether the attendance at the
1324	1324	program occurs before or after the person qualifies for office.
1325	1325	(d) The general manager shall create a training manual that
1326	1326	includes the information required by Subsection (b). The general
1327	1327	manager shall distribute a copy of the training manual annually to
1328	1328	each director. Each director shall sign and submit to the general
1329	1329	manager a statement acknowledging that the director has received
1330	1330	and reviewed the training manual. (Acts 46th Leg., R.S., p. 1062,
1331	1331	S.L., Ch. 5, Sec. 9B.)
1332	1332	Sec. 8515.0212. GENERAL MANAGER. The board shall appoint a
1333	1333	general manager of the authority. (Acts 46th Leg., R.S., p. 1062,
1334	1334	S.L., Ch. 5, Sec. 9(d) (part).)
1335	1335	Sec. 8515.0213. COMPLAINTS. (a) The authority shall
1336	1336	maintain a system to promptly and efficiently act on complaints
1337	1337	filed with the authority.
1338	1338	(b) The authority shall maintain information about the
1339	1339	parties to the complaint, the subject matter of the complaint, a
1340	1340	summary of the results of the review or investigation of the
1341	1341	complaint, and the complaint's disposition.
1342	1342	(c) The authority shall periodically notify the parties to
1343	1343	the complaint of the complaint's status until final disposition,
1344	1344	unless the notice would jeopardize an investigation.
1345	1345	(d) The authority shall make information available
1346	1346	describing the authority's procedures for complaint investigation
1347	1347	and resolution. (Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec.
1348	1348	9C.)
1349	1349	Sec. 8515.0214. PUBLIC TESTIMONY. The board shall develop
1350	1350	and implement policies that provide the public with a reasonable
1351	1351	opportunity to appear before the board and to speak on any issue
1352	1352	under the authority's jurisdiction. (Acts 46th Leg., R.S., p.
1353	1353	1062, S.L., Ch. 5, Sec. 9D.)
1354	1354	SUBCHAPTER C. POWERS AND DUTIES
1355	1355	Sec. 8515.0301. GENERAL POWERS AND DUTIES. (a) The
1356	1356	authority has the rights, powers, privileges, and duties provided
1357	1357	by general law applicable to a water control and improvement
1358	1358	district created under Section 59, Article XVI, Texas Constitution,
1359	1359	including those provided by Chapters 49 and 51, Water Code.
1360	1360	(b) The authority may exercise the powers necessary to
1361	1361	accomplish the rights and duties specified in Section 59, Article
1362	1362	XVI, Texas Constitution, as provided by Chapters 51 and 54, Water
1363	1363	Code.
1364	1364	(c) The authority may construct or acquire projects the
1365	1365	board determines are needed and incident or related to the
1366	1366	performance of the rights and duties described by Subsection (b).
1367	1367	(Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Secs. 5 (part),
1368	1368	10(b)(d) (part); New.)
1369	1369	Sec. 8515.0302. ADDITIONAL POWERS. (a) The authority may:
1370	1370	(1) control, develop, store, and preserve the waters
1371	1371	and flood waters of the Upper Guadalupe River and its tributaries
1372	1372	inside or outside the authority for a beneficial or useful purpose;
1373	1373	(2) purchase, acquire, build, construct, improve,
1374	1374	extend, reconstruct, repair, and maintain any dam, structure,
1375	1375	waterworks system, sanitary sewer system, storm sewer system,
1376	1376	drainage system, irrigation system, building, waterway, pipeline,
1377	1377	distribution system, ditch, lake, pond, reservoir, plant, and
1378	1378	recreational facility for public use, and any other facility or
1379	1379	equipment in aid of a purpose described by Subdivision (1);
1380	1380	(3) purchase or otherwise acquire a necessary site,
1381	1381	easement, right-of-way, land, or other property necessary for a
1382	1382	purpose described by Subdivision (1); and
1383	1383	(4) sell water and other services.
1384	1384	(b) The authority may use any practical means to exercise a
1385	1385	right, power, privilege, or function of the authority. (Acts 46th
1386	1386	Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 16(a).)
1387	1387	Sec. 8515.0303. CONSERVATION AND DEVELOPMENT. The
1388	1388	authority shall conserve and develop this state's natural resources
1389	1389	in the authority. (Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec.
1390	1390	10(b)(d) (part).)
1391	1391	Sec. 8515.0304. COST OF RELOCATING OR ALTERING PROPERTY.
1392	1392	(a) In this section, "sole expense" means the actual cost of
1393	1393	relocating, raising, lowering, rerouting, changing the grade of, or
1394	1394	altering the construction of a facility described by Subsection (b)
1395	1395	in providing comparable replacement without enhancement of the
1396	1396	facility, after deducting from that cost the net salvage value
1397	1397	derived from the old facility.
1398	1398	(b) If the authority's exercise of the power of eminent
1399	1399	domain, police power, or any other power requires relocating,
1400	1400	raising, lowering, rerouting, changing the grade of, or altering
1401	1401	the construction of a railroad, pipeline, or electric transmission,
1402	1402	telegraph or telephone line, conduit, pole, property or facility,
1403	1403	the required action shall be accomplished at the authority's sole
1404	1404	expense. (Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 12.)
1405	1405	Sec. 8515.0305. POWERS RELATING TO GRANTS AND CONTRACTS.
1406	1406	The authority may accept grants or contract with any person in
1407	1407	connection with or in aid of the exercise of any right, power,
1408	1408	privilege, or function of the authority. (Acts 46th Leg., R.S., p.
1409	1409	1062, S.L., Ch. 5, Sec. 3.)
1410	1410	Sec. 8515.0306. POWERS RELATING TO WASTE FACILITIES. As a
1411	1411	necessary aid to the conservation, control, preservation, and
1412	1412	distribution of the water of the Upper Guadalupe River and its
1413	1413	tributaries for beneficial use, the authority may:
1414	1414	(1) construct, own, and operate sewage collection,
1415	1415	transmission, and disposal services;
1416	1416	(2) charge for a service described by Subdivision (1);
1417	1417	and
1418	1418	(3) enter into contracts with municipalities and
1419	1419	others in connection with a service described by Subdivision (1).
1420	1420	(Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 16(b).)
1421	1421	Sec. 8515.0307. NOTICE OF ELECTION. Notice of an election
1422	1422	may be given under the hand of the president or secretary. (Acts
1423	1423	46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 20.)
1424	1424	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1425	1425	Sec. 8515.0401. TAX METHOD. The authority shall use the ad
1426	1426	valorem plan of taxation. (Acts 46th Leg., R.S., p. 1062, S.L., Ch.
1427	1427	5, Sec. 8.)
1428	1428	Sec. 8515.0402. DEPOSITORY. (a) The board shall select
1429	1429	one or more banks or trust companies in this state to act as a
1430	1430	depository of bond proceeds or of revenue derived from the
1431	1431	operation of authority facilities.
1432	1432	(b) The depository shall, as determined by the board:
1433	1433	(1) provide indemnity bonds;
1434	1434	(2) pledge securities; or
1435	1435	(3) meet any other requirements. (Acts 46th Leg.,
1436	1436	R.S., p. 1062, S.L., Ch. 5, Sec. 15.)
1437	1437	Sec. 8515.0403. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
1438	1438	The authority is not required to pay a tax or assessment on:
1439	1439	(1) an authority project or any part of the project; or
1440	1440	(2) an authority purchase. (Acts 46th Leg., R.S., p.
1441	1441	1062, S.L., Ch. 5, Sec. 22 (part).)
1442	1442	SUBCHAPTER E. NOTES, BONDS, AND BORROWED MONEY
1443	1443	Sec. 8515.0501. REVENUE NOTES. (a) The board, without an
1444	1444	election, may borrow money, not to exceed $55 million in the
1445	1445	aggregate, on the authority's negotiable notes, payable solely from
1446	1446	the authority's revenue derived from the ownership of all or any
1447	1447	designated part of the authority's works, plant, improvements,
1448	1448	facilities, equipment, or water rights after deduction of the
1449	1449	reasonable cost of maintaining and operating the facilities.
1450	1450	(b) The notes may be first or subordinate lien notes at the
1451	1451	board's discretion. An obligation may not be a charge on the
1452	1452	authority's property or on the taxes imposed by the authority. An
1453	1453	obligation may only be a charge on the revenue pledged for the
1454	1454	payment of the obligation. No part of the obligation may ever be
1455	1455	paid from the taxes imposed by the authority.
1456	1456	(c) The notes may bear interest at a rate not to exceed 10
1457	1457	percent and must mature not later than 40 years after the date of
1458	1458	their issuance. (Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Secs.
1459	1459	10(c)(b), (c), (d), (e).)
1460	1460	Sec. 8515.0502. BORROWING MONEY. The authority may borrow
1461	1461	money by any method or procedure provided by this chapter or general
1462	1462	law for a corporate purpose or combination of corporate purposes.
1463	1463	(Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 10(c)(a).)
1464	1464	Sec. 8515.0503. AUTHORITY TO ISSUE BONDS. The authority
1465	1465	may:
1466	1466	(1) issue bonds of any kind to carry out any purpose
1467	1467	authorized by this chapter; and
1468	1468	(2) provide and make payment for the bonds and for
1469	1469	necessary expenses incurred in connection with the issuance of the
1470	1470	bonds. (Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 17.)
1471	1471	Sec. 8515.0504. EXCHANGING BONDS FOR PROPERTY OR WORK. The
1472	1472	authority may exchange bonds, including refunding bonds:
1473	1473	(1) for property acquired by purchase; or
1474	1474	(2) in payment of the contract price of work performed
1475	1475	or materials or services provided for the authority's use and
1476	1476	benefit. (Acts 46th Leg., R.S., p. 1062, S.L., Ch. 5, Sec. 18
1477	1477	(part).)
1478	1478	Sec. 8515.0505. BOND ELECTION; NOTICE. (a) Except as
1479	1479	provided by Subsection (d), the authority may not issue bonds
1480	1480	unless a majority of voters voting at an election held in the
1481	1481	authority approve the issuance of the bonds.
1482	1482	(b) Before issuing bonds, the board must order an election
1483	1483	and provide notice in accordance with this section.
1484	1484	(c) Notice of the election must be given by:
1485	1485	(1) posting a copy of the notice in at least three
1486	1486	public places in the authority at least 14 days before the election
1487	1487	date; and
1488	1488	(2) publishing a copy of the notice in a newspaper of
1489	1489	general circulation in the authority at least once a week for two
1490	1490	consecutive weeks, the first of which must be published at least 14
1491	1491	days before the election date.
1492	1492	(d) An election to authorize the issuance of bonds is not
1493	1493	required if the bonds are payable from the revenue of an authority
1494	1494	system or facility and the board determines that:
1495	1495	(1) the proceeds of the bonds will provide less than $2
1496	1496	million for the purpose of acquiring land or acquiring or
1497	1497	constructing the facility, not including the cost of issuing the
1498	1498	bonds, interest during construction, and any initial deposit from
1499	1499	the proceeds to a reserve fund; and
1500	1500	(2) the bond proceeds will be used:
1501	1501	(A) to acquire land or an interest in land and to
1502	1502	construct or acquire a new facility in the nature of a new project
1503	1503	or undertaking for the authority, provided that only one series of
1504	1504	bonds may be issued to provide for a new project or undertaking for
1505	1505	the authority unless additional bonds are approved by a majority of
1506	1506	voters voting at an election;
1507	1507	(B) to provide money for repairs, expansion, and
1508	1508	improvement of existing authority facilities; or
1509	1509	(C) to provide for the completion of the
1510	1510	construction of a project for which the authority has previously
1511	1511	issued bonds approved at an election. (Acts 46th Leg., R.S., p.
1512	1512	1062, S.L., Ch. 5, Secs. 10(b)(a) (part), (b), (c) (part).)
1513	1513	Sec. 8515.0506. FAILED BOND ELECTION. (a) A general law,
1514	1514	including Sections 51.781 through 51.791, Water Code, that provides
1515	1515	for calling a hearing on the dissolution of a water control and
1516	1516	improvement district after a failed district bond election does not
1517	1517	apply to the authority.
1518	1518	(b) After the expiration of 30 days from the date of a failed
1519	1519	bond election, the board may call a subsequent bond election.
1520	1520	(c) The authority continues to exist and have the
1521	1521	authority's full power to function and operate regardless of the
1522	1522	outcome of a bond election. (Acts 46th Leg., R.S., p. 1062, S.L.,
1523	1523	Ch. 5, Sec. 19.)
1524	1524	Sec. 8515.0507. BONDS EXEMPT FROM TAXATION. Bonds issued
1525	1525	under this chapter, the transfer of the bonds, and income from the
1526	1526	bonds, including profits made on the sale of the bonds, are exempt
1527	1527	from taxation in this state. (Acts 46th Leg., R.S., p. 1062, S.L.,
1528	1528	Ch. 5, Sec. 22 (part).)
1529	1529	SECTION 1.03. WATER CONTROL AND IMPROVEMENT DISTRICT.
1530	1530	Subtitle I, Title 6, Special District Local Laws Code, is amended by
1531	1531	adding Chapter 9092 to read as follows:
1532	1532	CHAPTER 9092. FRANKLIN COUNTY WATER DISTRICT
1533	1533	SUBCHAPTER A. GENERAL PROVISIONS
1534	1534	Sec. 9092.0101. DEFINITIONS
1535	1535	Sec. 9092.0102. NATURE OF DISTRICT
1536	1536	Sec. 9092.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
1537	1537	Sec. 9092.0104. DISTRICT TERRITORY
1538	1538	Sec. 9092.0105. CORRECTION OF INVALID PROCEDURES
1539	1539	Sec. 9092.0106. LIBERAL CONSTRUCTION OF CHAPTER
1540	1540	SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
1541	1541	Sec. 9092.0201. COMPOSITION OF BOARD; BOARD ELECTION
1542	1542	Sec. 9092.0202. QUALIFICATIONS
1543	1543	Sec. 9092.0203. DIRECTORS' ELECTION
1544	1544	Sec. 9092.0204. VACANCIES
1545	1545	Sec. 9092.0205. BALLOT PETITION
1546	1546	Sec. 9092.0206. QUORUM
1547	1547	Sec. 9092.0207. OFFICERS
1548	1548	Sec. 9092.0208. VOTE BY BOARD PRESIDENT
1549	1549	Sec. 9092.0209. ABSENCE OR INACTION OF BOARD PRESIDENT
1550	1550	Sec. 9092.0210. DIRECTOR'S BOND
1551	1551	Sec. 9092.0211. BOARD MEETINGS
1552	1552	Sec. 9092.0212. DISTRICT RECORDS
1553	1553	Sec. 9092.0213. DISTRICT OFFICE
1554	1554	Sec. 9092.0214. EMPLOYEES
1555	1555	Sec. 9092.0215. EXPENDITURES
1556	1556	SUBCHAPTER C. POWERS AND DUTIES
1557	1557	Sec. 9092.0301. GENERAL POWERS
1558	1558	Sec. 9092.0302. GENERAL WATER SUPPLY POWERS
1559	1559	Sec. 9092.0303. CONTRACTS TO SUPPLY WATER SERVICES AND
1560	1560	OPERATE FACILITIES
1561	1561	Sec. 9092.0304. ACQUISITION OF WATER STORAGE AND
1562	1562	STORAGE CAPACITY
1563	1563	Sec. 9092.0305. SURVEYS AND INVESTIGATIONS
1564	1564	Sec. 9092.0306. DISPOSAL OR LEASE OF PROPERTY
1565	1565	Sec. 9092.0307. ACQUISITION OF PROPERTY; EMINENT
1566	1566	DOMAIN
1567	1567	Sec. 9092.0308. COST OF RELOCATING OR ALTERING
1568	1568	PROPERTY
1569	1569	Sec. 9092.0309. ARRANGEMENTS WITH STATE AND UNITED
1570	1570	STATES
1571	1571	Sec. 9092.0310. AWARDING OF CONTRACTS
1572	1572	Sec. 9092.0311. POWER TO QUALIFY FOR BENEFITS UNDER
1573	1573	OTHER LAW
1574	1574	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1575	1575	Sec. 9092.0401. TAX METHOD
1576	1576	Sec. 9092.0402. AUTHORITY TO IMPOSE TAX; TAX ELECTION
1577	1577	Sec. 9092.0403. DEPOSITORY
1578	1578	Sec. 9092.0404. FORM OF RECORDS AND ACCOUNTS
1579	1579	Sec. 9092.0405. AUDIT REPORT
1580	1580	Sec. 9092.0406. PAYMENT OF TAX OR ASSESSMENT NOT
1581	1581	REQUIRED
1582	1582	SUBCHAPTER E. BORROWED MONEY; BONDS
1583	1583	Sec. 9092.0501. AUTHORITY TO BORROW MONEY AND ISSUE
1584	1584	BONDS
1585	1585	Sec. 9092.0502. FORM OF BONDS
1586	1586	Sec. 9092.0503. MATURITY
1587	1587	Sec. 9092.0504. ELECTION FOR BONDS PAYABLE FROM AD
1588	1588	VALOREM TAXES
1589	1589	Sec. 9092.0505. BONDS PAYABLE FROM REVENUE
1590	1590	Sec. 9092.0506. BONDS PAYABLE FROM AD VALOREM TAXES
1591	1591	Sec. 9092.0507. TAX AND RATE REQUIREMENTS
1592	1592	Sec. 9092.0508. ADDITIONAL SECURITY
1593	1593	Sec. 9092.0509. TRUST INDENTURE
1594	1594	Sec. 9092.0510. INTERIM BONDS OR NOTES
1595	1595	Sec. 9092.0511. USE OF BOND PROCEEDS
1596	1596	Sec. 9092.0512. APPOINTMENT OF RECEIVER
1597	1597	Sec. 9092.0513. REFUNDING BONDS
1598	1598	Sec. 9092.0514. LIMITATION ON RIGHTS
1599	1599	Sec. 9092.0515. BONDS EXEMPT FROM TAXATION
1600	1600	CHAPTER 9092. FRANKLIN COUNTY WATER DISTRICT
1601	1601	SUBCHAPTER A. GENERAL PROVISIONS
1602	1602	Sec. 9092.0101. DEFINITIONS. In this chapter:
1603	1603	(1) "Board" means the district's board of directors.
1604	1604	(2) "Director" means a board member.
1605	1605	(3) "District" means the Franklin County Water
1606	1606	District. (Acts 59th Leg., R.S., Ch. 719, Sec. 1 (part); New.)
1607	1607	Sec. 9092.0102. NATURE OF DISTRICT. The district is:
1608	1608	(1) a conservation and reclamation district created
1609	1609	under Section 59, Article XVI, Texas Constitution; and
1610	1610	(2) a political subdivision of this state. (Acts 59th
1611	1611	Leg., R.S., Ch. 719, Sec. 1 (part); Acts 60th Leg., R.S., Ch. 308,
1612	1612	Sec. 1 (part).)
1613	1613	Sec. 9092.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
1614	1614	(a) The district is:
1615	1615	(1) created to serve a public use and benefit; and
1616	1616	(2) essential to the accomplishment of the
1617	1617	preservation and conservation of this state's natural resources.
1618	1618	(b) All land in the district will benefit from the district.
1619	1619	(c) This chapter addresses a subject in which this state and
1620	1620	the general public are interested.
1621	1621	(d) The district performs an essential public function
1622	1622	under the Texas Constitution in carrying out the purposes of this
1623	1623	chapter because the accomplishment of those purposes is for the
1624	1624	benefit of the people of this state and the improvement of their
1625	1625	properties and the industries. (Acts 59th Leg., R.S., Ch. 719,
1626	1626	Secs. 2 (part), 14 (part), 17 (part).)
1627	1627	Sec. 9092.0104. DISTRICT TERRITORY. The district's
1628	1628	boundaries are coextensive with the boundaries of Franklin County
1629	1629	unless the district's territory has been modified under:
1630	1630	(1) Subchapter J, Chapter 49, Water Code; or
1631	1631	(2) other law. (Acts 59th Leg., R.S., Ch. 719, Sec. 1
1632	1632	(part); New.)
1633	1633	Sec. 9092.0105. CORRECTION OF INVALID PROCEDURES. If a
1634	1634	court holds that any procedure under this chapter violates the
1635	1635	United States Constitution or the Texas Constitution, the district
1636	1636	by resolution may provide an alternative procedure that conforms
1637	1637	with that constitution. (Acts 59th Leg., R.S., Ch. 719, Sec. 18
1638	1638	(part).)
1639	1639	Sec. 9092.0106. LIBERAL CONSTRUCTION OF CHAPTER. This
1640	1640	chapter shall be liberally construed to effectuate the chapter's
1641	1641	purposes. (Acts 59th Leg., R.S., Ch. 719, Sec. 17 (part).)
1642	1642	SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
1643	1643	Sec. 9092.0201. COMPOSITION OF BOARD; BOARD ELECTION. The
1644	1644	board consists of five directors elected as follows:
1645	1645	(1) one director represents and is elected from each
1646	1646	county commissioners precinct in Franklin County by the voters of
1647	1647	that precinct; and
1648	1648	(2) one director represents the district as a whole
1649	1649	and is elected from the district at large. (Acts 59th Leg., R.S.,
1650	1650	Ch. 719, Secs. 3(a) (part), (b) (part), (c) (part).)
1651	1651	Sec. 9092.0202. QUALIFICATIONS. (a) A candidate for:
1652	1652	(1) the at-large director position must be a qualified
1653	1653	voter who resides in the district; and
1654	1654	(2) a precinct director position must be a qualified
1655	1655	voter who resides in that precinct.
1656	1656	(b) A director must:
1657	1657	(1) be at least 18 years of age; and
1658	1658	(2) reside in and own land in the district. (Acts 59th
1659	1659	Leg., R.S., Ch. 719, Secs. 3(a) (part), (c) (part).)
1660	1660	Sec. 9092.0203. DIRECTORS' ELECTION. (a) A directors'
1661	1661	election shall be held on the first Saturday in May of each
1662	1662	odd-numbered year to elect the appropriate number of directors.
1663	1663	(b) The election order for the election of directors must
1664	1664	state the time, place, and purpose of the election.
1665	1665	(c) Notwithstanding Chapter 32, Election Code:
1666	1666	(1) the board shall appoint presiding judges as
1667	1667	necessary; and
1668	1668	(2) each presiding judge shall appoint one assistant
1669	1669	judge and at least two clerks to assist in holding the election.
1670	1670	(d) The board shall enter an order declaring the results of
1671	1671	the election. (Acts 59th Leg., R.S., Ch. 719, Sec. 3(c) (part).)
1672	1672	Sec. 9092.0204. VACANCIES. If a vacancy occurs in the
1673	1673	membership of the board, the remaining directors shall appoint a
1674	1674	person to fill the vacancy until the next directors' election. If
1675	1675	the vacant position is not regularly scheduled to be filled at that
1676	1676	election, the director elected at that election to fill the vacancy
1677	1677	shall serve only for the unexpired term. (Acts 59th Leg., R.S., Ch.
1678	1678	719, Secs. 3(b) (part), (e).)
1679	1679	Sec. 9092.0205. BALLOT PETITION. (a) A person who wants
1680	1680	the person's name printed on the ballot as a candidate for director
1681	1681	must submit to the board's secretary a petition requesting that
1682	1682	action.
1683	1683	(b) The petition must be signed by at least 10 residents of
1684	1684	the district who are qualified to vote at the election. (Acts 59th
1685	1685	Leg., R.S., Ch. 719, Sec. 3(d) (part).)
1686	1686	Sec. 9092.0206. QUORUM. Three directors constitute a
1687	1687	quorum for the transaction of all business. A favorable vote of a
1688	1688	majority of a quorum present is sufficient for the enactment of all
1689	1689	measures. (Acts 59th Leg., R.S., Ch. 719, Sec. 3(g) (part).)
1690	1690	Sec. 9092.0207. OFFICERS. (a) The board shall elect from
1691	1691	the board's membership a president, a vice president, and any other
1692	1692	officers as the board determines necessary.
1693	1693	(b) The board shall appoint a secretary, who is not required
1694	1694	to be a director. (Acts 59th Leg., R.S., Ch. 719, Sec. 3(g)
1695	1695	(part).)
1696	1696	Sec. 9092.0208. VOTE BY BOARD PRESIDENT. The president has
1697	1697	the same right to vote as any other director. (Acts 59th Leg.,
1698	1698	R.S., Ch. 719, Sec. 3(g) (part).)
1699	1699	Sec. 9092.0209. ABSENCE OR INACTION OF BOARD
1700	1700	PRESIDENT. When the president is absent or fails or declines to
1701	1701	act, the vice president shall perform all duties and exercise all
1702	1702	powers this chapter confers on the president. (Acts 59th Leg.,
1703	1703	R.S., Ch. 719, Sec. 3(g) (part).)
1704	1704	Sec. 9092.0210. DIRECTOR'S BOND. Each director shall give
1705	1705	bond in the amount of $5,000 conditioned on the faithful
1706	1706	performance of the director's duties. (Acts 59th Leg., R.S., Ch.
1707	1707	719, Sec. 3(a) (part).)
1708	1708	Sec. 9092.0211. BOARD MEETINGS. (a) The board shall hold
1709	1709	regular meetings at least once a month at the time and place set by
1710	1710	board resolution or board bylaws.
1711	1711	(b) The president or any two directors may call a special
1712	1712	meeting as necessary in administering district business.
1713	1713	(c) At least five days before the date of a special meeting,
1714	1714	the secretary shall mail notice of the special meeting to each
1715	1715	director. A director may waive the notice in writing. (Acts 59th
1716	1716	Leg., R.S., Ch. 719, Sec. 3(g) (part).)
1717	1717	Sec. 9092.0212. DISTRICT RECORDS. The board's accounts of
1718	1718	its meetings and proceedings and its minutes, contracts, notices,
1719	1719	and other records are subject to public inspection. (Acts 59th
1720	1720	Leg., R.S., Ch. 719, Sec. 3(h) (part).)
1721	1721	Sec. 9092.0213. DISTRICT OFFICE. A regular office shall be
1722	1722	established and maintained in the district for conducting district
1723	1723	business. (Acts 59th Leg., R.S., Ch. 719, Sec. 3(h) (part).)
1724	1724	Sec. 9092.0214. EMPLOYEES. The district may employ a
1725	1725	general manager, attorneys, accountants, engineers, financial
1726	1726	experts, or other technical or nontechnical employees or assistants
1727	1727	and set the amount and manner of their compensation. (Acts 59th
1728	1728	Leg., R.S., Ch. 719, Sec. 4(5) (part).)
1729	1729	Sec. 9092.0215. EXPENDITURES. The district may provide for
1730	1730	the payment of expenditures considered essential to the proper
1731	1731	operation and maintenance of the district and the district's
1732	1732	affairs. (Acts 59th Leg., R.S., Ch. 719, Sec. 4(5) (part).)
1733	1733	SUBCHAPTER C. POWERS AND DUTIES
1734	1734	Sec. 9092.0301. GENERAL POWERS. (a) The district has all
1735	1735	the rights, powers, and privileges conferred by general law
1736	1736	applicable to a water control and improvement district created
1737	1737	under Section 59, Article XVI, Texas Constitution, including
1738	1738	Chapters 49 and 51, Water Code.
1739	1739	(b) The district may exercise all functions and perform any
1740	1740	act necessary or proper to carry out the purpose for which the
1741	1741	district is created. (Acts 59th Leg., R.S., Ch. 719, Secs. 4
1742	1742	(part), 4(6) (part), (7); New.)
1743	1743	Sec. 9092.0302. GENERAL WATER SUPPLY POWERS. The district
1744	1744	may:
1745	1745	(1) control, store, preserve, and distribute the
1746	1746	district's waters and flood waters and the waters of the district's
1747	1747	rivers and streams for all useful purposes by all practicable
1748	1748	means, including the construction, maintenance, and operation of
1749	1749	all appropriate improvements, plants, works, and facilities, and
1750	1750	the acquisition of water rights and all other properties, lands,
1751	1751	tenements, easements, and rights necessary to the purpose of the
1752	1752	organization of the district;
1753	1753	(2) process and store such waters and distribute those
1754	1754	waters for municipal, domestic, irrigation, and industrial
1755	1755	purposes, subject to Subchapters A through D, Chapter 11, and
1756	1756	Subchapter B, Chapter 12, Water Code; and
1757	1757	(3) purchase or contract for the purchase of water or a
1758	1758	water supply from any person. (Acts 59th Leg., R.S., Ch. 719, Secs.
1759	1759	4(1), (2), 16 (part).)
1760	1760	Sec. 9092.0303. CONTRACTS TO SUPPLY WATER SERVICES AND
1761	1761	OPERATE FACILITIES. (a) The district may contract with a
1762	1762	municipality or others to supply water services to them.
1763	1763	(b) The district may contract with a municipality for the
1764	1764	rental or leasing of or for the operation of the municipality's
1765	1765	water production, water supply, water filtration, or purification
1766	1766	and water supply facilities.
1767	1767	(c) A contract entered into under this section may:
1768	1768	(1) be on the terms, for the consideration, and for the
1769	1769	time agreed to by the parties; and
1770	1770	(2) provide that the contract will continue in effect
1771	1771	until bonds specified in the contract and any refunding bonds
1772	1772	issued in lieu of the bonds are paid. (Acts 59th Leg., R.S., Ch.
1773	1773	719, Sec. 15.)
1774	1774	Sec. 9092.0304. ACQUISITION OF WATER STORAGE AND STORAGE
1775	1775	CAPACITY. The district may lease or acquire rights in and to
1776	1776	storage and storage capacity in any reservoir constructed or to be
1777	1777	constructed by any person, or from the United States. (Acts 59th
1778	1778	Leg., R.S., Ch. 719, Sec. 16 (part).)
1779	1779	Sec. 9092.0305. SURVEYS AND INVESTIGATIONS. The district
1780	1780	may conduct a survey or an engineering investigation to provide
1781	1781	information for the district to facilitate the accomplishment of a
1782	1782	district purpose. (Acts 59th Leg., R.S., Ch. 719, Sec. 4(5)
1783	1783	(part).)
1784	1784	Sec. 9092.0306. DISPOSAL OR LEASE OF PROPERTY. (a) The
1785	1785	district may dispose of property or a property right that is not
1786	1786	needed for a purpose for which the district is created.
1787	1787	(b) The district may lease property or a property right for
1788	1788	a purpose that does not interfere with the use of district property.
1789	1789	(Acts 59th Leg., R.S., Ch. 719, Sec. 4(3).)
1790	1790	Sec. 9092.0307. ACQUISITION OF PROPERTY; EMINENT DOMAIN.
1791	1791	(a) The district, by gift, devise, purchase, lease, or
1792	1792	condemnation, may acquire land, an easement, right-of-way, or other
1793	1793	property in or outside the district that is incident to or necessary
1794	1794	in carrying out a district purpose.
1795	1795	(b) The district may exercise the power of eminent
1796	1796	domain. Procedures with reference to condemnation, the assessment
1797	1797	and estimation of damages, payment, appeal, and entrance on
1798	1798	property pending appeal, and other procedures prescribed by Chapter
1799	1799	21, Property Code, apply to the district.
1800	1800	(c) The district's authority under this section to exercise
1801	1801	the power of eminent domain expired on September 1, 2013, unless the
1802	1802	district submitted a letter to the comptroller in accordance with
1803	1803	Section 2206.101(b), Government Code, not later than December 31,
1804	1804	2012. (Acts 59th Leg., R.S., Ch. 719, Sec. 4(6) (part); New.)
1805	1805	Sec. 9092.0308. COST OF RELOCATING OR ALTERING PROPERTY.
1806	1806	(a) If the district's exercise of the power of eminent domain, the
1807	1807	power of relocation, or any other power granted by this chapter
1808	1808	makes necessary taking property or relocating, raising, rerouting,
1809	1809	changing the grade of, or altering the construction of a highway,
1810	1810	railroad, electric transmission line, telephone or telegraph
1811	1811	property or facility, or pipeline, the necessary action shall be
1812	1812	accomplished at the district's expense.
1813	1813	(b) The district's duty to pay under this section is limited
1814	1814	to the actual cost, without enhancement, of the property taken or
1815	1815	work required, after deducting any net salvage value derived from
1816	1816	property taken. (Acts 59th Leg., R.S., Ch. 719, Sec. 4(6) (part).)
1817	1817	Sec. 9092.0309. ARRANGEMENTS WITH STATE AND UNITED STATES.
1818	1818	The district may cooperate or contract with this state, including a
1819	1819	state agency, or the United States to exercise a district power or
1820	1820	further a district purpose and to receive a grant, a loan, or an
1821	1821	advancement from this state or the United States for those
1822	1822	purposes. (Acts 59th Leg., R.S., Ch. 719, Sec. 4(4).)
1823	1823	Sec. 9092.0310. AWARDING OF CONTRACTS. For a contract
1824	1824	awarded on or after September 1, 1995, the district shall comply
1825	1825	with the requirements of Section 49.273, Water Code, when awarding
1826	1826	the contract. (Acts 59th Leg., R.S., Ch. 719, Sec. 5; Acts 72nd
1827	1827	Leg., R.S., Ch. 59, Sec. 2.)
1828	1828	Sec. 9092.0311. POWER TO QUALIFY FOR BENEFITS UNDER OTHER
1829	1829	LAW. The district has the power necessary to fully qualify for and
1830	1830	gain the benefits of all laws that are helpful in carrying out the
1831	1831	purposes for which the district is created. (Acts 59th Leg., R.S.,
1832	1832	Ch. 719, Sec. 4 (part).)
1833	1833	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1834	1834	Sec. 9092.0401. TAX METHOD. The district shall use the ad
1835	1835	valorem plan of taxation. (Acts 59th Leg., R.S., Ch. 719, Sec. 2
1836	1836	(part).)
1837	1837	Sec. 9092.0402. AUTHORITY TO IMPOSE TAX; TAX ELECTION. (a)
1838	1838	If the tax is authorized at an election under Section 49.107, Water
1839	1839	Code, the board annually may impose an ad valorem tax to provide
1840	1840	money:
1841	1841	(1) necessary to construct or acquire, maintain, and
1842	1842	operate works, plants, and facilities considered essential or
1843	1843	beneficial to the district and the district's purposes; or
1844	1844	(2) adequate to defray the cost of the district's
1845	1845	maintenance, operation, and administration.
1846	1846	(b) An election for the imposition of taxes authorized by
1847	1847	this section must be:
1848	1848	(1) ordered by the board; and
1849	1849	(2) held and conducted, with notice provided and
1850	1850	results determined, in the manner provided by this chapter relating
1851	1851	to elections for the authorization of bonds.
1852	1852	(c) In ordering a tax election authorized by this section,
1853	1853	the board must specify the maximum proposed tax rate. To impose a
1854	1854	maintenance tax at a rate that exceeds the maximum rate approved by
1855	1855	the voters, the board must submit the question of a tax rate
1856	1856	increase to the voters in the manner provided by this section.
1857	1857	(Acts 59th Leg., R.S., Ch. 719, Sec. 11 (part).)
1858	1858	Sec. 9092.0403. DEPOSITORY. (a) The board shall designate
1859	1859	one or more banks in the district to serve as a depository for the
1860	1860	district's money.
1861	1861	(b) District money shall be deposited in a designated
1862	1862	depository, except that sufficient money shall be remitted to the
1863	1863	bank or banks of payment to pay the principal of and interest on the
1864	1864	district's outstanding bonds on or before the maturity date of the
1865	1865	principal and interest.
1866	1866	(c) Membership of a bank officer or director on the board
1867	1867	does not disqualify the bank from being designated as a depository.
1868	1868	(Acts 59th Leg., R.S., Ch. 719, Sec. 13 (part).)
1869	1869	Sec. 9092.0404. FORM OF RECORDS AND ACCOUNTS. District
1870	1870	records and accounts must conform to approved methods of
1871	1871	bookkeeping. (Acts 59th Leg., R.S., Ch. 719, Sec. 3(h) (part).)
1872	1872	Sec. 9092.0405. AUDIT REPORT. (a) The audit report
1873	1873	prepared under Subchapter G, Chapter 49, Water Code, shall be
1874	1874	submitted at the first regular board meeting after the audit is
1875	1875	completed.
1876	1876	(b) A copy of the audit report shall be filed:
1877	1877	(1) as required by Section 49.194, Water Code;
1878	1878	(2) with the district's depository; and
1879	1879	(3) in the office of the auditor who performed the
1880	1880	audit.
1881	1881	(c) The copies described by Subsection (b) must be open to
1882	1882	public inspection, in accordance with Section 49.196, Water Code.
1883	1883	(Acts 59th Leg., R.S., Ch. 719, Sec. 3(h) (part); New.)
1884	1884	Sec. 9092.0406. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
1885	1885	The district is not required to pay a tax or assessment on a
1886	1886	district project or any part of the project. (Acts 59th Leg., R.S.,
1887	1887	Ch. 719, Sec. 14 (part).)
1888	1888	SUBCHAPTER E. BORROWED MONEY; BONDS
1889	1889	Sec. 9092.0501. AUTHORITY TO BORROW MONEY AND ISSUE BONDS.
1890	1890	The district may borrow money and issue bonds to carry out any power
1891	1891	conferred by this chapter, including to provide money to purchase
1892	1892	or otherwise provide works, plants, facilities, or appliances
1893	1893	necessary to accomplish the purposes authorized by this chapter.
1894	1894	(Acts 59th Leg., R.S., Ch. 719, Sec. 6(a) (part).)
1895	1895	Sec. 9092.0502. FORM OF BONDS. District bonds must be:
1896	1896	(1) issued in the district's name;
1897	1897	(2) signed by the president; and
1898	1898	(3) attested by the secretary. (Acts 59th Leg., R.S.,
1899	1899	Ch. 719, Sec. 6(a) (part).)
1900	1900	Sec. 9092.0503. MATURITY. District bonds must mature not
1901	1901	later than 40 years after the date of their issuance. (Acts 59th
1902	1902	Leg., R.S., Ch. 719, Sec. 6(a) (part).)
1903	1903	Sec. 9092.0504. ELECTION FOR BONDS PAYABLE FROM AD VALOREM
1904	1904	TAXES. (a) District bonds, other than refunding bonds, payable
1905	1905	wholly or partly from ad valorem taxes may not be issued unless
1906	1906	authorized by an election at which a majority of the votes cast
1907	1907	favor the bond issuance.
1908	1908	(b) The board may order an election under this section
1909	1909	without a petition. The order must specify:
1910	1910	(1) the time and places at which the election will be
1911	1911	held;
1912	1912	(2) the purpose for which the bonds will be issued;
1913	1913	(3) the maximum amount of the bonds;
1914	1914	(4) the maximum interest rate of the bonds;
1915	1915	(5) the maximum maturity of the bonds;
1916	1916	(6) the form of the ballot; and
1917	1917	(7) the presiding judge for each polling place.
1918	1918	(c) Notice of the election must be given by publishing a
1919	1919	substantial copy of the election order in a newspaper of general
1920	1920	circulation in the district once each week for at least four
1921	1921	consecutive weeks. The first publication must be not later than 28
1922	1922	days before the election date.
1923	1923	(d) If an election to issue bonds under this section fails,
1924	1924	the board may not order an election under this section for a period
1925	1925	of six months.
1926	1926	(e) The district may issue without an election bonds not
1927	1927	payable wholly or partly from ad valorem taxes. (Acts 59th Leg.,
1928	1928	R.S., Ch. 719, Secs. 9(a), (b) (part).)
1929	1929	Sec. 9092.0505. BONDS PAYABLE FROM REVENUE. (a) In this
1930	1930	section, "net revenue" means the district's gross revenue less the
1931	1931	amount necessary to pay the reasonable cost of maintaining and
1932	1932	operating the district and the district's property.
1933	1933	(b) The board may issue bonds payable, as pledged by board
1934	1934	resolution, from:
1935	1935	(1) all or part of the district's net revenue;
1936	1936	(2) the net revenue of one or more contracts made
1937	1937	before or after the issuance of the bonds; or
1938	1938	(3) other revenue or income specified by board
1939	1939	resolution or in the trust indenture.
1940	1940	(c) The pledge may reserve the right to issue additional
1941	1941	bonds on a parity with, or subordinate to, the bonds being issued,
1942	1942	subject to conditions specified by the pledge. (Acts 59th Leg.,
1943	1943	R.S., Ch. 719, Secs. 6(a) (part), (c).)
1944	1944	Sec. 9092.0506. BONDS PAYABLE FROM AD VALOREM TAXES. The
1945	1945	board may issue bonds payable, as pledged by board resolution,
1946	1946	from:
1947	1947	(1) ad valorem taxes of the district; or
1948	1948	(2) ad valorem taxes and revenue of the district.
1949	1949	(Acts 59th Leg., R.S., Ch. 719, Sec. 6(a) (part).)
1950	1950	Sec. 9092.0507. TAX AND RATE REQUIREMENTS. (a) If the
1951	1951	district issues bonds payable wholly or partly from ad valorem
1952	1952	taxes, the board shall impose an ad valorem tax sufficient to pay
1953	1953	the bonds and the interest on the bonds as the bonds and interest
1954	1954	become due. The board shall take into consideration reasonable
1955	1955	delinquencies and collection costs in imposing the ad valorem tax.
1956	1956	The board may adopt the tax rate for any year after considering the
1957	1957	money reasonably to be received from the pledged revenue available
1958	1958	for payment of principal and interest and to the extent and in the
1959	1959	manner permitted by the resolution authorizing the issuance of the
1960	1960	bonds.
1961	1961	(b) If the district issues bonds payable wholly or partly
1962	1962	from revenue, the board shall impose and, as necessary, revise the
1963	1963	rates of compensation for water sold and services provided by the
1964	1964	district.
1965	1965	(c) For bonds payable wholly from revenue, the rates of
1966	1966	compensation must be in an amount sufficient to:
1967	1967	(1) pay the expenses of operating and maintaining the
1968	1968	district's facilities;
1969	1969	(2) pay the bonds as they mature and the interest as it
1970	1970	accrues; and
1971	1971	(3) maintain the reserve and other funds as provided
1972	1972	by the resolution authorizing the issuance of the bonds.
1973	1973	(d) For bonds payable partly from revenue, the rates of
1974	1974	compensation must be in an amount sufficient to assure compliance
1975	1975	with the resolution authorizing the issuance of the bonds. (Acts
1976	1976	59th Leg., R.S., Ch. 719, Secs. 6(d), (e).)
1977	1977	Sec. 9092.0508. ADDITIONAL SECURITY. (a) District bonds,
1978	1978	including revenue bonds, that are not payable wholly from ad
1979	1979	valorem taxes may be additionally secured, at the board's
1980	1980	discretion, by a deed of trust or mortgage lien on the district's
1981	1981	physical property and on all franchises, easements, water rights
1982	1982	and appropriation permits, leases, and contracts and rights
1983	1983	appurtenant to the property, vesting in the trustee power to:
1984	1984	(1) sell the property for the payment of the debt;
1985	1985	(2) operate the property; and
1986	1986	(3) take other action to further secure the bonds.
1987	1987	(b) A purchaser under a sale under the deed of trust lien, if
1988	1988	one is given:
1989	1989	(1) is the absolute owner of the property, facilities,
1990	1990	and rights purchased; and
1991	1991	(2) is entitled to maintain and operate the property,
1992	1992	facilities, and rights. (Acts 59th Leg., R.S., Ch. 719, Sec. 8
1993	1993	(part).)
1994	1994	Sec. 9092.0509. TRUST INDENTURE. (a) District bonds,
1995	1995	including revenue bonds, that are not payable wholly from ad
1996	1996	valorem taxes may be additionally secured by a trust indenture. The
1997	1997	trustee may be a bank with trust powers located inside or outside
1998	1998	this state.
1999	1999	(b) A trust indenture, regardless of the existence of a deed
2000	2000	of trust or mortgage lien on property, may:
2001	2001	(1) contain any provisions prescribed by the board for
2002	2002	the security of the bonds and the preservation of the trust estate;
2003	2003	(2) provide for amendment or modification of the trust
2004	2004	indenture;
2005	2005	(3) provide for the issuance of bonds to replace lost
2006	2006	or mutilated bonds;
2007	2007	(4) condition the right to spend district money or
2008	2008	sell district property on the approval of a licensed engineer
2009	2009	selected as provided by the trust indenture; and
2010	2010	(5) provide for the investment of district money.
2011	2011	(Acts 59th Leg., R.S., Ch. 719, Sec. 8 (part).)
2012	2012	Sec. 9092.0510. INTERIM BONDS OR NOTES. Before issuing
2013	2013	definitive bonds, the board may issue interim bonds or notes
2014	2014	exchangeable for definitive bonds. (Acts 59th Leg., R.S., Ch. 719,
2015	2015	Sec. 6(a) (part).)
2016	2016	Sec. 9092.0511. USE OF BOND PROCEEDS. (a) The district may
2017	2017	set aside an amount of proceeds from the sale of district bonds for
2018	2018	the payment of interest expected to accrue during construction and
2019	2019	a reserve interest and sinking fund. The resolution authorizing
2020	2020	the bonds may provide for setting aside and using the proceeds as
2021	2021	provided by this subsection.
2022	2022	(b) The district may use proceeds from the sale of bonds to
2023	2023	pay any expense necessarily incurred in accomplishing the
2024	2024	district's purpose, including the expense of organizing the
2025	2025	district, engineering investigations, and issuing and selling the
2026	2026	bonds.
2027	2027	(c) The proceeds from the sale of the bonds may be:
2028	2028	(1) placed on time deposit with the district's
2029	2029	depository bank; or
2030	2030	(2) temporarily invested in direct obligations of the
2031	2031	United States maturing not later than the first anniversary of the
2032	2032	date of investment. (Acts 59th Leg., R.S., Ch. 719, Sec. 6(f).)
2033	2033	Sec. 9092.0512. APPOINTMENT OF RECEIVER. (a) On default or
2034	2034	threatened default in the payment of principal of or interest on
2035	2035	district bonds that are payable wholly or partly from revenue, a
2036	2036	court may, on petition of the holders of outstanding bonds, appoint
2037	2037	a receiver for the district.
2038	2038	(b) The receiver may:
2039	2039	(1) collect and receive all district income except
2040	2040	taxes;
2041	2041	(2) employ and discharge district agents and
2042	2042	employees;
2043	2043	(3) take charge of money on hand, except money
2044	2044	received from taxes, unless commingled; and
2045	2045	(4) manage the district's proprietary affairs without
2046	2046	the consent of or hindrance by the board.
2047	2047	(c) The receiver may be authorized to sell or contract for
2048	2048	the sale of water or other services provided by the district or to
2049	2049	renew those contracts with the approval of the court that appointed
2050	2050	the receiver.
2051	2051	(d) The court may vest the receiver with any other power or
2052	2052	duty the court finds necessary to protect the bondholders. (Acts
2053	2053	59th Leg., R.S., Ch. 719, Sec. 6(g) (part).)
2054	2054	Sec. 9092.0513. REFUNDING BONDS. (a) The district may
2055	2055	issue refunding bonds to refund outstanding bonds issued under this
2056	2056	chapter and interest on those bonds.
2057	2057	(b) Refunding bonds may:
2058	2058	(1) be issued to refund bonds of more than one series
2059	2059	and combine the pledges for the outstanding bonds for the security
2060	2060	of the refunding bonds; and
2061	2061	(2) be secured by a pledge of other or additional
2062	2062	revenue or mortgage liens.
2063	2063	(c) The provisions of this chapter regarding the issuance of
2064	2064	other bonds, their security, and the remedies of the holders apply
2065	2065	to refunding bonds.
2066	2066	(d) The comptroller shall register the refunding bonds on
2067	2067	surrender and cancellation of the bonds to be refunded.
2068	2068	(e) Instead of issuing bonds to be registered on the
2069	2069	surrender and cancellation of the bonds to be refunded, the
2070	2070	district, in the resolution authorizing the issuance of the
2071	2071	refunding bonds, may provide for the sale of the refunding bonds and
2072	2072	the deposit of the proceeds in a bank at which the bonds to be
2073	2073	refunded were payable. In that case, the refunding bonds may be
2074	2074	issued in an amount sufficient to pay the principal of and interest
2075	2075	on the bonds to be refunded to their effective option date or
2076	2076	maturity date, and the comptroller shall register the refunding
2077	2077	bonds without the concurrent surrender and cancellation of the
2078	2078	bonds to be refunded. (Acts 59th Leg., R.S., Ch. 719, Sec. 7.)
2079	2079	Sec. 9092.0514. LIMITATION ON RIGHTS. The resolution
2080	2080	authorizing the bonds or the trust indenture securing the bonds may
2081	2081	limit or qualify the rights of less than all of the outstanding
2082	2082	bonds payable from the same source to institute or prosecute
2083	2083	litigation affecting the district's property or income. (Acts 59th
2084	2084	Leg., R.S., Ch. 719, Sec. 6(g) (part).)
2085	2085	Sec. 9092.0515. BONDS EXEMPT FROM TAXATION. District
2086	2086	bonds, the transfer of the bonds, and the income from the bonds,
2087	2087	including profits made on the sale of the bonds, are exempt from
2088	2088	taxation in this state. (Acts 59th Leg., R.S., Ch. 719, Sec. 14
2089	2089	(part).)
2090	2090	SECTION 1.04. WATER IMPROVEMENT DISTRICT. Subtitle J,
2091	2091	Title 6, Special District Local Laws Code, is amended by adding
2092	2092	Chapter 9305 to read as follows:
2093	2093	CHAPTER 9305. ESCONDIDO WATERSHED DISTRICT
2094	2094	SUBCHAPTER A. GENERAL PROVISIONS
2095	2095	Sec. 9305.0101. DEFINITIONS
2096	2096	Sec. 9305.0102. NATURE OF DISTRICT
2097	2097	Sec. 9305.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE
2098	2098	Sec. 9305.0104. DISTRICT TERRITORY
2099	2099	Sec. 9305.0105. CORRECTION OF INVALID PROCEDURES
2100	2100	Sec. 9305.0106. LIBERAL CONSTRUCTION OF CHAPTER
2101	2101	SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
2102	2102	Sec. 9305.0201. COMPOSITION OF BOARD
2103	2103	Sec. 9305.0202. QUALIFICATIONS
2104	2104	Sec. 9305.0203. NOTICE OF ELECTION
2105	2105	Sec. 9305.0204. BALLOT PETITION
2106	2106	Sec. 9305.0205. OFFICERS
2107	2107	Sec. 9305.0206. VOTE BY PRESIDENT
2108	2108	Sec. 9305.0207. ABSENCE OR INACTION OF PRESIDENT
2109	2109	Sec. 9305.0208. DIRECTOR'S BOND
2110	2110	Sec. 9305.0209. EMPLOYEES
2111	2111	Sec. 9305.0210. EXPENDITURES
2112	2112	Sec. 9305.0211. SEAL
2113	2113	SUBCHAPTER C. POWERS AND DUTIES
2114	2114	Sec. 9305.0301. GENERAL POWERS
2115	2115	Sec. 9305.0302. EMINENT DOMAIN
2116	2116	Sec. 9305.0303. COST OF RELOCATING OR ALTERING
2117	2117	PROPERTY
2118	2118	Sec. 9305.0304. SURVEYS AND INVESTIGATIONS
2119	2119	Sec. 9305.0305. POWER TO QUALIFY FOR BENEFITS UNDER
2120	2120	OTHER LAW
2121	2121	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2122	2122	Sec. 9305.0401. AUTHORITY TO IMPOSE TAX; LIMITATION ON
2123	2123	TAX RATE; TAX ELECTION
2124	2124	Sec. 9305.0402. TAX METHOD
2125	2125	Sec. 9305.0403. DEPOSITORY
2126	2126	Sec. 9305.0404. PAYMENT OF TAX OR ASSESSMENT NOT
2127	2127	REQUIRED
2128	2128	SUBCHAPTER E. BONDS
2129	2129	Sec. 9305.0501. AUTHORITY TO ISSUE BONDS; TAXES FOR
2130	2130	BONDS
2131	2131	Sec. 9305.0502. BOND ELECTION REQUIRED
2132	2132	Sec. 9305.0503. FORM OF BONDS
2133	2133	Sec. 9305.0504. MATURITY
2134	2134	Sec. 9305.0505. USE OF BOND PROCEEDS
2135	2135	Sec. 9305.0506. REFUNDING BONDS
2136	2136	Sec. 9305.0507. BONDS EXEMPT FROM TAXATION
2137	2137	CHAPTER 9305. ESCONDIDO WATERSHED DISTRICT
2138	2138	SUBCHAPTER A. GENERAL PROVISIONS
2139	2139	Sec. 9305.0101. DEFINITIONS. In this chapter:
2140	2140	(1) "Board" means the district's board of directors.
2141	2141	(2) "Director" means a board member.
2142	2142	(3) "District" means the Escondido Watershed
2143	2143	District. (Acts 57th Leg., R.S., Ch. 364, Sec. 1 (part); New.)
2144	2144	Sec. 9305.0102. NATURE OF DISTRICT. The district is:
2145	2145	(1) a conservation and reclamation district created
2146	2146	under Section 59, Article XVI, Texas Constitution; and
2147	2147	(2) a political subdivision of this state. (Acts 57th
2148	2148	Leg., R.S., Ch. 364, Sec. 1 (part).)
2149	2149	Sec. 9305.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
2150	2150	(a) The district is:
2151	2151	(1) created to serve a public use and benefit; and
2152	2152	(2) essential to the accomplishment of the
2153	2153	preservation and conservation of this state's natural resources.
2154	2154	(b) All land in the district will benefit from the district.
2155	2155	(c) All territory in the district will benefit from the
2156	2156	works and improvements accomplished and provided by the district
2157	2157	under the powers conferred by this chapter and Section 59, Article
2158	2158	XVI, Texas Constitution.
2159	2159	(d) This chapter addresses a subject in which this state and
2160	2160	the general public are interested.
2161	2161	(e) The district performs an essential public function
2162	2162	under the Texas Constitution in carrying out the purposes of this
2163	2163	chapter because the accomplishment of those purposes is for the
2164	2164	benefit of the people of this state and the improvement of their
2165	2165	properties and industries. (Acts 57th Leg., R.S., Ch. 364, Secs. 3
2166	2166	(part), 4 (part), 15 (part), 16 (part).)
2167	2167	Sec. 9305.0104. DISTRICT TERRITORY. (a) The district is
2168	2168	composed of the territory described by Section 3, Chapter 364, Acts
2169	2169	of the 57th Legislature, Regular Session, 1961, as that territory
2170	2170	may have been modified under:
2171	2171	(1) Subchapter J, Chapter 49, Water Code; or
2172	2172	(2) other law.
2173	2173	(b) The district includes all property and territory in the
2174	2174	district's boundaries. (Acts 57th Leg., R.S., Ch. 364, Sec. 3
2175	2175	(part); New.)
2176	2176	Sec. 9305.0105. CORRECTION OF INVALID PROCEDURES. If a
2177	2177	court holds that any procedure under this chapter violates the
2178	2178	United States Constitution or the Texas Constitution, the district
2179	2179	by resolution may provide an alternative procedure that conforms
2180	2180	with that constitution. (Acts 57th Leg., R.S., Ch. 364, Sec. 17
2181	2181	(part).)
2182	2182	Sec. 9305.0106. LIBERAL CONSTRUCTION OF CHAPTER. This
2183	2183	chapter shall be liberally construed to effectuate the chapter's
2184	2184	purposes. (Acts 57th Leg., R.S., Ch. 364, Sec. 16 (part).)
2185	2185	SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS
2186	2186	Sec. 9305.0201. COMPOSITION OF BOARD. The board consists
2187	2187	of five elected directors. (Acts 57th Leg., R.S., Ch. 364, Sec. 5(a)
2188	2188	(part); New.)
2189	2189	Sec. 9305.0202. QUALIFICATIONS. A director must:
2190	2190	(1) be at least 18 years of age; and
2191	2191	(2) reside in and own land in the district. (Acts 57th
2192	2192	Leg., R.S., Ch. 364, Sec. 5(a) (part).)
2193	2193	Sec. 9305.0203. NOTICE OF ELECTION. Notice of a directors'
2194	2194	election must be published once in a newspaper of general
2195	2195	circulation in the district at least 30 days before the election
2196	2196	date. (Acts 57th Leg., R.S., Ch. 364, Sec. 5(b) (part).)
2197	2197	Sec. 9305.0204. BALLOT PETITION. (a) A person who wants
2198	2198	the person's name printed on the ballot as a candidate for director
2199	2199	must submit to the board's secretary a petition requesting that
2200	2200	action.
2201	2201	(b) The petition must be signed by at least 10 residents of
2202	2202	the district who are qualified to vote at the election. (Acts 57th
2203	2203	Leg., R.S., Ch. 364, Sec. 5(c) (part).)
2204	2204	Sec. 9305.0205. OFFICERS. (a) The board shall elect from
2205	2205	the board's membership a president, a vice president, and any other
2206	2206	officers the board determines necessary.
2207	2207	(b) The board shall appoint a secretary and a treasurer, who
2208	2208	are not required to be directors. The board may combine the offices
2209	2209	of secretary and treasurer. (Acts 57th Leg., R.S., Ch. 364, Sec.
2210	2210	5(f) (part).)
2211	2211	Sec. 9305.0206. VOTE BY PRESIDENT. The president has the
2212	2212	same right to vote as any other director. (Acts 57th Leg., R.S.,
2213	2213	Ch. 364, Sec. 5(f) (part).)
2214	2214	Sec. 9305.0207. ABSENCE OR INACTION OF PRESIDENT. When the
2215	2215	president is absent or fails or declines to act, the vice president
2216	2216	shall perform all duties and exercise all powers this chapter
2217	2217	confers on the president. (Acts 57th Leg., R.S., Ch. 364, Sec. 5(f)
2218	2218	(part).)
2219	2219	Sec. 9305.0208. DIRECTOR'S BOND. Each director shall give
2220	2220	bond in the amount of $5,000 conditioned on the faithful
2221	2221	performance of the director's duties. (Acts 57th Leg., R.S., Ch.
2222	2222	364, Sec. 5(a) (part).)
2223	2223	Sec. 9305.0209. EMPLOYEES. The board may employ a general
2224	2224	manager, attorneys, accountants, engineers, or other technical or
2225	2225	nontechnical employees or assistants and set the amount and manner
2226	2226	of their compensation. (Acts 57th Leg., R.S., Ch. 364, Sec. 5(g)
2227	2227	(part).)
2228	2228	Sec. 9305.0210. EXPENDITURES. The board may provide for
2229	2229	the payment of expenditures considered essential to the proper
2230	2230	operation and maintenance of the district and the district's
2231	2231	affairs. (Acts 57th Leg., R.S., Ch. 364, Sec. 5(g) (part).)
2232	2232	Sec. 9305.0211. SEAL. The board may adopt a seal for the
2233	2233	district. (Acts 57th Leg., R.S., Ch. 364, Sec. 5(f) (part).)
2234	2234	SUBCHAPTER C. POWERS AND DUTIES
2235	2235	Sec. 9305.0301. GENERAL POWERS. The district may:
2236	2236	(1) control, store, and distribute the water and flood
2237	2237	water in the district for or in aid of conserving, preserving,
2238	2238	reclaiming, and improving the land and soil in the district;
2239	2239	(2) carry out flood prevention measures to prevent or
2240	2240	aid in preventing damage to land and soil and the fertility of the
2241	2241	land and soil;
2242	2242	(3) engage in land treatment measures to prevent
2243	2243	deterioration, erosion, and loss of land and soil;
2244	2244	(4) carry out preventive and control measures in the
2245	2245	district;
2246	2246	(5) construct, acquire, improve, carry out, maintain,
2247	2247	repair, and operate dams, structures, projects, and works of
2248	2248	improvement for:
2249	2249	(A) flood prevention, including structural and
2250	2250	land treatment measures;
2251	2251	(B) agricultural and land treatment measures;
2252	2252	and
2253	2253	(C) agricultural phases of the conservation,
2254	2254	development, use, and disposal of water in the district; and
2255	2255	(6) purchase or acquire other facilities and equipment
2256	2256	necessarily connected with the functions described by Subdivision
2257	2257	(5) and engage in activities necessary to carry out those
2258	2258	functions. (Acts 57th Leg., R.S., Ch. 364, Sec. 2 (part).)
2259	2259	Sec. 9305.0302. EMINENT DOMAIN. (a) To carry out a power
2260	2260	conferred by this chapter, the district may exercise the power of
2261	2261	eminent domain to acquire land and easements in the district.
2262	2262	(b) The district must exercise the power of eminent domain
2263	2263	in the manner provided by Chapter 21, Property Code.
2264	2264	(c) The board shall determine the amount and type of
2265	2265	interest in land and easements to be acquired under this section.
2266	2266	(d) The district's authority under this section to exercise
2267	2267	the power of eminent domain expired on September 1, 2013, unless the
2268	2268	district submitted a letter to the comptroller in accordance with
2269	2269	Section 2206.101(b), Government Code, not later than December 31,
2270	2270	2012. (Acts 57th Leg., R.S., Ch. 364, Sec. 6 (part); New.)
2271	2271	Sec. 9305.0303. COST OF RELOCATING OR ALTERING PROPERTY.
2272	2272	(a) In this section, "sole expense" means the actual cost of
2273	2273	relocating, raising, lowering, rerouting, changing the grade of, or
2274	2274	altering the construction of a facility described by Subsection (b)
2275	2275	in providing comparable replacement without enhancing the
2276	2276	facility, after deducting from that cost the net salvage value
2277	2277	derived from the old facility.
2278	2278	(b) If the district's exercise of the power of eminent
2279	2279	domain, the power of relocation, or any other power granted by this
2280	2280	chapter makes necessary relocating, raising, rerouting, changing
2281	2281	the grade of, or altering the construction of a highway, railroad,
2282	2282	electric transmission line, telephone or telegraph property or
2283	2283	facility, or pipeline, the necessary action shall be accomplished
2284	2284	at the district's sole expense. (Acts 57th Leg., R.S., Ch. 364,
2285	2285	Sec. 6 (part).)
2286	2286	Sec. 9305.0304. SURVEYS AND INVESTIGATIONS. The board may
2287	2287	conduct a survey or an engineering investigation to provide
2288	2288	information for the district to facilitate the accomplishment of a
2289	2289	purpose for which the district is created. (Acts 57th Leg., R.S.,
2290	2290	Ch. 364, Sec. 5(g) (part).)
2291	2291	Sec. 9305.0305. POWER TO QUALIFY FOR BENEFITS UNDER OTHER
2292	2292	LAW. The district has the power necessary to fully qualify for and
2293	2293	gain the full benefits of any law helpful in carrying out the
2294	2294	purposes for which the district is created. (Acts 57th Leg., R.S.,
2295	2295	Ch. 364, Sec. 2 (part).)
2296	2296	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
2297	2297	Sec. 9305.0401. AUTHORITY TO IMPOSE TAX; LIMITATION ON TAX
2298	2298	RATE; TAX ELECTION. (a) If the tax is authorized at an election
2299	2299	under Section 49.107, Water Code, the board annually may impose an
2300	2300	ad valorem tax to provide money:
2301	2301	(1) necessary to construct or acquire, maintain, and
2302	2302	operate works, plants, and facilities considered essential or
2303	2303	beneficial to the district and the district's purposes; or
2304	2304	(2) adequate to defray the cost of the district's
2305	2305	maintenance, operation, and administration.
2306	2306	(b) An election for the imposition of taxes authorized by
2307	2307	this section must be:
2308	2308	(1) ordered by the board; and
2309	2309	(2) held and conducted, with notice provided and
2310	2310	results determined, in the manner provided by this chapter relating
2311	2311	to elections for the authorization of bonds.
2312	2312	(c) In ordering a tax election authorized by this section,
2313	2313	the board must specify the maximum proposed tax rate. To impose a
2314	2314	maintenance tax at a rate that exceeds the maximum rate approved by
2315	2315	the voters, the board must submit the question of a tax rate
2316	2316	increase to the voters in the manner provided by this section.
2317	2317	(Acts 57th Leg., R.S., Ch. 364, Sec. 11 (part).)
2318	2318	Sec. 9305.0402. TAX METHOD. (a) The district shall use the
2319	2319	ad valorem plan of taxation.
2320	2320	(b) The board is not required to hold a hearing on the
2321	2321	adoption of a plan of taxation. (Acts 57th Leg., R.S., Ch. 364,
2322	2322	Sec. 4 (part).)
2323	2323	Sec. 9305.0403. DEPOSITORY. (a) The board shall designate
2324	2324	one or more banks to serve as a depository for district money.
2325	2325	(b) District money shall be deposited in a designated
2326	2326	depository, except that money shall be remitted to the bank of
2327	2327	payment to pay the principal of and interest on the district's
2328	2328	outstanding bonds.
2329	2329	(c) Membership of a bank officer or director on the board
2330	2330	does not disqualify the bank from being designated as a depository.
2331	2331	(Acts 57th Leg., R.S., Ch. 364, Sec. 13 (part).)
2332	2332	Sec. 9305.0404. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.
2333	2333	The district is not required to pay a tax or assessment on a
2334	2334	district project or any part of the project. (Acts 57th Leg., R.S.,
2335	2335	Ch. 364, Sec. 15 (part).)
2336	2336	SUBCHAPTER E. BONDS
2337	2337	Sec. 9305.0501. AUTHORITY TO ISSUE BONDS; TAXES FOR BONDS.
2338	2338	(a) The district may issue bonds payable from ad valorem taxes
2339	2339	imposed on all taxable property in the district to provide dams,
2340	2340	structures, projects, and works of improvement for flood
2341	2341	prevention, including structural and land treatment measures, to
2342	2342	purchase and acquire lands, easements, and rights-of-way and for
2343	2343	agricultural phases of conservation, development, and use and
2344	2344	disposal of water, for necessary facilities, equipment, and
2345	2345	properties in connection therewith and for improvement,
2346	2346	maintenance, repair, and operation of same, and to carry out any
2347	2347	other power conferred by this chapter.
2348	2348	(b) The board shall annually impose the taxes in an amount
2349	2349	sufficient to pay the principal of and interest on the bonds as the
2350	2350	bonds and interest become due.
2351	2351	(c) Bonds issued under this chapter must be authorized by a
2352	2352	board resolution. (Acts 57th Leg., R.S., Ch. 364, Sec. 7 (part).)
2353	2353	Sec. 9305.0502. BOND ELECTION REQUIRED. (a) District
2354	2354	bonds, other than refunding bonds, may not be issued unless
2355	2355	authorized by an election at which a majority of the votes cast
2356	2356	favor the bond issuance.
2357	2357	(b) The board may order an election under this section
2358	2358	without a petition. The order must specify:
2359	2359	(1) the time and place at which the election will be
2360	2360	held;
2361	2361	(2) the purpose for which the bonds will be issued;
2362	2362	(3) the maximum amount of the bonds;
2363	2363	(4) the maximum maturity of the bonds;
2364	2364	(5) the maximum interest rate of the bonds;
2365	2365	(6) the form of the ballot; and
2366	2366	(7) the presiding judge for each polling place.
2367	2367	(c) Notice of the election must be given by publishing in a
2368	2368	newspaper of general circulation in the district a substantial copy
2369	2369	of the election order. The notice must be published once each week
2370	2370	for two consecutive weeks. The first publication must be not later
2371	2371	than 14 days before the election date. (Acts 57th Leg., R.S., Ch.
2372	2372	364, Sec. 8 (part).)
2373	2373	Sec. 9305.0503. FORM OF BONDS. District bonds must be:
2374	2374	(1) issued in the district's name;
2375	2375	(2) signed by the president; and
2376	2376	(3) attested by the secretary. (Acts 57th Leg., R.S.,
2377	2377	Ch. 364, Sec. 7 (part).)
2378	2378	Sec. 9305.0504. MATURITY. District bonds must mature not
2379	2379	later than 40 years after the date of their issuance. (Acts 57th
2380	2380	Leg., R.S., Ch. 364, Sec. 7 (part).)
2381	2381	Sec. 9305.0505. USE OF BOND PROCEEDS. (a) The district may
2382	2382	set aside an amount of proceeds from the sale of district bonds for
2383	2383	the payment of interest to accrue during construction and for one
2384	2384	year after construction and a reserve interest and sinking fund.
2385	2385	(b) The district may use proceeds from the sale of the bonds
2386	2386	to pay any expense incurred in accomplishing the purpose for which
2387	2387	the district is created, including:
2388	2388	(1) the cost of printing and issuing the bonds; and
2389	2389	(2) payment of fees associated with attorneys, fiscal
2390	2390	agents, and engineers.
2391	2391	(c) Pending the use of bond proceeds for the purpose for
2392	2392	which the bonds were issued, the board may invest the proceeds in
2393	2393	obligations of or guaranteed by the United States. (Acts 57th Leg.,
2394	2394	R.S., Ch. 364, Sec. 7 (part).)
2395	2395	Sec. 9305.0506. REFUNDING BONDS. (a) The district without
2396	2396	an election may issue refunding bonds for the purpose of refunding
2397	2397	outstanding bonds authorized by this chapter and the interest on
2398	2398	those bonds.
2399	2399	(b) Refunding bonds the district issues may be issued to
2400	2400	refund bonds of more than one series of outstanding bonds.
2401	2401	(c) The provisions of this chapter regarding the issuance of
2402	2402	other bonds and the remedies of the holders apply to refunding
2403	2403	bonds.
2404	2404	(d) The comptroller shall register the refunding bonds on
2405	2405	surrender and cancellation of the bonds to be refunded.
2406	2406	(e) Instead of issuing bonds to be registered on the
2407	2407	surrender and cancellation of the bonds to be refunded, the
2408	2408	district, in the resolution authorizing the issuance of the
2409	2409	refunding bonds, may provide for the sale of the refunding bonds and
2410	2410	the deposit of the proceeds in a bank at which the bonds to be
2411	2411	refunded are payable. In that case, the refunding bonds may be
2412	2412	issued in an amount sufficient to pay the principal of and interest
2413	2413	on the bonds to be refunded to their option date or maturity date,
2414	2414	and the comptroller shall register the refunding bonds without the
2415	2415	concurrent surrender and cancellation of the bonds to be refunded.
2416	2416	(Acts 57th Leg., R.S., Ch. 364, Sec. 9.)
2417	2417	Sec. 9305.0507. BONDS EXEMPT FROM TAXATION. A district
2418	2418	bond, the transfer of the bond, and the income from the bond,
2419	2419	including profits made on the sale of the bond, are exempt from
2420	2420	taxation in this state. (Acts 57th Leg., R.S., Ch. 364, Sec. 15
2421	2421	(part).)
2422	2422	ARTICLE 2. CONFORMING AMENDMENT
2423	2423	SECTION 2.01. ESCONDIDO WATERSHED DISTRICT. Section 3,
2424	2424	Chapter 364, Acts of the 57th Legislature, Regular Session, 1961,
2425	2425	is amended to read as follows:
2426	2426	Sec. 3. TERRITORY COMPRISING THE DISTRICT. [It is expressly
2427	2427	determined and found that all of the territory included within the
2428	2428	area of the District will be benefited by the works and improvements
2429	2429	which are to be accomplished and provided by the District pursuant
2430	2430	to the powers conferred by the provisions of Article XVI, Section
2431	2431	59, of the Constitution of Texas and this Act.] The area of the
2432	2432	Escondido Watershed District shall consist of the property and
2433	2433	territory embraced within the following boundaries, to wit:
2434	2434	Beginning at the NW corner of the Julius Hedtke 300.2 acre
2435	2435	tract in the Willis Orton Original Grant A-221, being W 10 miles of
2436	2436	the County Seat, Karnes City, Texas;
2437	2437	THENCE N 50 degrees E 4000.0 ft. to the NE cor. of the said
2438	2438	Hedtke Tract in the D. B. Scott Jr. W. line;
2439	2439	THENCE S 40 degrees E 120.0 ft. to the NW cor. of the J. H.
2440	2440	Davidson 100.0 acre tract being in the Julius Hedtke E line;
2441	2441	THENCE N 50 degrees E 5210.0 ft. with the said J. H. Davidson
2442	2442	N line to the NE cor. of said tract in the W ROW line of a county rd.;
2443	2443	THENCE N 40 degrees W 3933.3 ft. with the said W line of the
2444	2444	county rd. being the E line of the D. B. Scott Jr. 221 acre tract
2445	2445	pass the NE cor. of the said Scott tract to the intersection of the W
2446	2446	ROW line of the said county rd. and the N ROW line of another county
2447	2447	rd., said point being in the E line of the Finley D. Barth E line;
2448	2448	THENCE N 50 degrees E 2880.0 ft. with the said N ROW line of a
2449	2449	county rd. to the point of intersection of this ROW line with the E
2450	2450	line of the said Willis Orton Original Grant A-221;
2451	2451	THENCE S 40 degrees E 4375.0 ft. with the said Willis Orton E
2452	2452	line being the E line of the C. L. Gideon 411.6 acre tract being the
2453	2453	southernmost cor. of the B. J. Nichols 414 acre tract;
2454	2454	THENCE S 87 degrees E with the N line of the W. P. Brashear
2455	2455	Original Grant A-57 to the intersection of this line and the W line
2456	2456	of the Lusgardo Martinez Original Grant A-196, 815 ft.; this being
2457	2457	the SW cor. of said Grant A-196;
2458	2458	THENCE N 3 degrees E 5733.3 ft. with the W line of the said
2459	2459	grant pass the NW cor. of said grant to the NW cor. of the T. G.
2460	2460	Butler Original Grant A-429 being the NE cor. of the A. C. Gideon
2461	2461	4.4 acre tract;
2462	2462	THENCE N 89 degrees E 24,083.1 ft. with the N line of the said
2463	2463	Grant A-429 pass the W line of the said Francisco Ruiz Original
2464	2464	Grant A-9 and with the S ROW line of a county rd. being the N line of
2465	2465	the D. C. Coldeway 155 acre tract to the NE cor. of this tract;
2466	2466	THENCE S 3 degrees W 2275.0 ft. with the E line of the said
2467	2467	Coldeway tract to the SE cor. of said tract in the NE line of the
2468	2468	Rudolph Voight 140 acre tract;
2469	2469	THENCE S 87 degrees E 12,384.4 ft. with the Rudolph Voight N
2470	2470	line pass his NE cor. with the N. H. Finch 200 acre tract N line
2471	2471	cross a county rd. along the Combs and Browne 322 acre tract N line
2472	2472	to the E line of the Ruiz Grant A-9 being the NE cor. of the said 322
2473	2473	acre tract;
2474	2474	THENCE S 3 degrees W 1075.0 ft. with the said Ruiz E line
2475	2475	being the E line of the Combs and Browne tract to the NW cor. of the
2476	2476	Dora Conrads 75 acre tract;
2477	2477	THENCE S 87 degrees E 5634.0 ft. with the Dora Conrads N line
2478	2478	across a county rd. with the R. M. Sattler N line to the NE cor. of
2479	2479	this tract in the W ROW line of the Kenedy to Karnes City Hy.;
2480	2480	THENCE S 3 degrees W 1200.0 ft. with the Sattler E line to a
2481	2481	point in said ROW line;
2482	2482	THENCE N 45 degrees E 6,025.0 ft. across said highway to the
2483	2483	J. D. Ruckman SW cor. and with the J. D. Ruckman S line pass the SW
2484	2484	cor. of the W. W. Browne tract being the SE cor. of the J. D. Ruckman
2485	2485	tract with the S line of the W. W. Browne tract to the SE cor. of
2486	2486	said tract being the NE cor. of the E. J. Smolik tract and the NE
2487	2487	cor. of the J. Poitevent Original Grant A-323;
2488	2488	THENCE N 45 degrees W 1,500.0 ft. with the said Browne E line
2489	2489	being the 0. E. Moore W line across the S.P.R.R. ROW to the NW cor.
2490	2490	of the Moore tract in the E line of the Browne tract being the NW
2491	2491	cor. of the Andreas Soto Original Grant A-260;
2492	2492	THENCE N 45 degrees E with the said Moore N line being the N
2493	2493	line of the said Grant A-260 across a county rd. to the intersection
2494	2494	of the W line of the R. W. and Prudie D. Derum Original Grant A-439;
2495	2495	THENCE N 3 degrees E 7,185.0 ft. with the said W line of the
2496	2496	A-439 Grant to the N cor. of said Grant being the N cor. of the Annie
2497	2497	Bailey 56.57 acre tract;
2498	2498	THENCE S 45 degrees E with the E line of the said A-439 Grant
2499	2499	pass the SE cor. of same being the N cor. of the William E. Howth
2500	2500	Grant A-144 with the E line of same to the S cor. of the said A-144
2501	2501	Grant in the N line of the said A-260 Original Grant; 5,200.0 ft.;
2502	2502	THENCE N 45 degrees E 545.0 ft. with the said A-260 Grant N
2503	2503	line to the NE cor. of the A. M. Bailey 225.5 acre tract being the NW
2504	2504	cor. of the S. M. Elder 214.5 acre tract;
2505	2505	THENCE S 45 degrees E with the E line of the A. M. Bailey tract
2506	2506	being the W line of the said Elder tract pass a N cor. of the Claude
2507	2507	Jennings tract to an interior cor. of the Claude Jennings tract;
2508	2508	THENCE N 45 degrees E with the Claude Jennings N line 1676.4
2509	2509	ft. with the Jennings N line to the NE cor. of same;
2510	2510	THENCE S 45 degrees E 3,058.3 ft. with the Claude Jennings E
2511	2511	line to the S cor. of the said Claude Jennings tract in the N line of
2512	2512	the Edna Wicker 159.4 acre tract;
2513	2513	THENCE N 45 degrees E 1833.3 ft. with the Edna Wicker N line
2514	2514	to the NE cor. of same being the NW cor. of the E. Elder 95 acre
2515	2515	tract;
2516	2516	THENCE S 45 degrees E 2000 ft. with the said Edna Wicker E
2517	2517	line to the N side of a county rd. being the SE cor. of the Edna
2518	2518	Wicker tract;
2519	2519	THENCE S 45 degrees W 700.3 ft. with the S line of the Wicker
2520	2520	tract being the N ROW line of a county Rd.;
2521	2521	THENCE S 45 degrees E 4895.0 ft. with the David Banduen 165
2522	2522	acre tract to the intersection of this line with the NW ROW line of a
2523	2523	county Rd. being the SE cor. of the David Banduen tract;
2524	2524	THENCE S 11 degrees W 1966.6 ft. with the N ROW line of said
2525	2525	road past the Burlie Burris East corner to a point in the SE line of
2526	2526	the Burlie Burris 37 acre tract.
2527	2527	THENCE S 45 degrees E 3366.6 ft. across the said rd. with the
2528	2528	W. J. Green W line to the SE cor. of same being in the S line of the
2529	2529	J. B. Dupree Original Grant A-86;
2530	2530	THENCE N 45 degrees E 2,320.0 ft. with the S line of the said
2531	2531	A-86 Grant being the N line of the John Huth and Carl Houck to the NE
2532	2532	cor. of same;
2533	2533	THENCE S 45 degrees E 3325.0 ft. with the Houck E line being
2534	2534	the P. R. Goff W line to the SE cor. of the Houck tract being the SW
2535	2535	cor. of the Goff tract on the N ROW line of a county rd.;
2536	2536	THENCE N 45 degrees E 4366.6 ft. with the N ROW line being the
2537	2537	S line of the P. R. Goff 220 acre tract to a point in the P. R. Goff S
2538	2538	line;
2539	2539	THENCE S 45 degrees E 7366.6 ft. across said county rd. to the
2540	2540	NE cor. of the Valda E. Ruhmann 808 acre tract and with the E line of
2541	2541	said Ruhmann tract being the W ROW line of a county rd. across the
2542	2542	county rd. to the S ROW line of said rd. being in the N line of the K.
2543	2543	L. Handy 259.2 acre tract;
2544	2544	THENCE N 45 degrees E 4410.0 ft. with the N line of the K. L.
2545	2545	Handy tract pass the common cor. of the Handy tract and the Bertha
2546	2546	B. Ruhmann 333.8 acre tract to the NE cor. of said Ruhmann tract
2547	2547	being the NW cor. of the N. E. Colbath et al 677.6 acre tract;
2548	2548	THENCE S 45 degrees E 3585.0 ft. with the common line between
2549	2549	the said Ruhmann and Colbath tracts to a SW cor. of the Colbath
2550	2550	tract in the Ruhmann line;
2551	2551	THENCE N 45 degrees E 1733.7 ft. with the Colbath line to an
2552	2552	interior cor. of the Colbath tract;
2553	2553	THENCE S 45 degrees E 1666.6 ft. with the Colbath and Ruhmann
2554	2554	common line to an interior cor. of the Ruhmann tract and a S cor. of
2555	2555	the Colbath tract;
2556	2556	THENCE S 45 degrees E 4320.0 ft. with the said Colbath tract
2557	2557	to the W bank of the San Antonio River;
2558	2558	THENCE down the meanders of the San Antonio River S 1 degrees
2559	2559	W 1422.7 ft.; S 25 degrees W 475.0 ft., S 3 degrees E 866.6 ft.; S 59
2560	2560	degrees 30 minutes E 1566.6 ft.; S 25 degrees E 2500 ft.; S 50
2561	2561	degrees W 1560.0 ft.; S 17 degrees W 566.6 ft.; S 49 degrees E 851.0
2562	2562	ft.; N 80 degrees E 3178.5 ft.; N 43 degrees E 600 ft.; N 2 degrees W
2563	2563	466.6 ft.; N 40 degrees W 500 ft.; N 50 degrees E 1080.0 ft.; S 81
2564	2564	degrees E 558.6 ft.; S 7 degrees E 655.0 ft.; S 29 degrees W 1005.0
2565	2565	ft.; S 5 degrees E 866.8 ft.; to the NE cor. of the Ruth Ingram 1000
2566	2566	acre tract on the S ROW line of a county rd.;
2567	2567	THENCE S 45 degrees W 9482.4 ft. with the N line of the Ruth
2568	2568	Ingram tract and the S line of said County rd. to the NW cor. of said
2569	2569	Ruth Ingram tract being the E ROW line of a county rd.;
2570	2570	THENCE S 34 degrees E 5485.0 ft. with the said E ROW line pass
2571	2571	the John Smolik NW cor. to the SE cor. of the Della Tips 2037.5 acre
2572	2572	tract across the county rd.;
2573	2573	THENCE S 42 degrees 30 minutes W 10,233.3 ft. across the said
2574	2574	county rd. to the Della Tips SE cor. and with the Della Tips S line
2575	2575	to the SW cor. of said tract;
2576	2576	THENCE N 45 degrees W 4675.0 ft. with the SW line of the Della
2577	2577	Tips tract pass the SE cor. of the H. H. Kerpeck tract to the NE cor.
2578	2578	of said Kerpeck tract;
2579	2579	THENCE S 45 degrees W with the said Kerpeck N line to the NW
2580	2580	cor. of said tract across a county rd. and with the S ROW line of
2581	2581	said rd. to a cor. in said rd.; 2378.4 ft. in all;
2582	2582	THENCE N 46 degrees W 1616.6 ft. across said county rd. and
2583	2583	with the E ROW line of said rd. being the W line of the L. K. Thigpen
2584	2584	201.24 acre tract to a point opposite S cor. of the C. Kerpeck tract
2585	2585	across said county rd.;
2586	2586	THENCE N 64 degrees W 1491.2 ft. across said county rd. pass
2587	2587	the said S cor. of the Kerpeck tract and with the Kerpeck S Line to a
2588	2588	cor. of the Kerpeck tract;
2589	2589	THENCE N 44 degrees W 1118.9 ft. with the Kerpeck W line to
2590	2590	the NW cor. of said tract in the S ROW line of a county rd.;
2591	2591	THENCE S 42 degrees W 2442.5 ft. with the said S ROW line
2592	2592	across a county rd. to the W ROW line of a county rd. being the SE
2593	2593	cor. of the Annie M. Loesch tract;
2594	2594	THENCE S 45 degrees W 771.3 ft. to the SW cor. of the said
2595	2595	Loesch tract;
2596	2596	THENCE N 45 degrees W 1927.4 ft. with the said Loesch W line
2597	2597	to an interior cor. of said tract;
2598	2598	THENCE S 45 degrees W 2249.7 ft. with the Annie M. Loesch S
2599	2599	line pass the W cor. of the said Loesch tract being the SE cor. of
2600	2600	the A. M. Green 175 ac. tract and with the S line of said Green tract
2601	2601	to the S cor. of said tract in the Verita and F. H. Korth 159.5 ac.
2602	2602	tract E line;
2603	2603	THENCE S 46 degrees E 1883.6 ft. with the Korth E line to the
2604	2604	SE cor. of same;
2605	2605	THENCE S 45 degrees W 2731.5 ft. with the said Korth S line
2606	2606	pass the SW cor. of same to the W ROW line of a county rd.;
2607	2607	THENCE N 46 degrees W 1181.2 ft. with the W line of said
2608	2608	county rd. to the SE cor. of the Temple Stapleton 50.2 ac. tract;
2609	2609	THENCE S 45 degrees W 1157.1 ft. with the Temple Stapleton S
2610	2610	line to the S cor. of said Stapleton tract;
2611	2611	THENCE N 45 degrees W 745.9 ft. with the Stapleton SW line to
2612	2612	an anterior cor. of said tract;
2613	2613	THENCE S 45 degrees W 2313.9 ft. with the Temple Stapleton S
2614	2614	line pass the SW cor. of same and with the E. Schroeder S line pass
2615	2615	the Common cor. between the said Schroeder SW cor. and the L. Roach
2616	2616	SW cor. with the L. Roach S line to the SW cor. of the said Roaach 1
2617	2617	tract;
2618	2618	THENCE N 45 degrees W 932.5 ft. with the Roach W line to the NW
2619	2619	cor. of the Roach tract being in the S line of the Mrs. E. A. Johnson
2620	2620	100 ac. tract;
2621	2621	THENCE S 45 degrees W 1157.1 ft. with the S line of the said
2622	2622	Johnson tract across the Overby rd. to the W ROW line of same;
2623	2623	THENCE N 45 degrees W 2957.6 ft. with the W ROW line of said
2624	2624	county rd. to the intersection of this ROW line with the Raymond
2625	2625	Whipple E line;
2626	2626	THENCE S 6 degrees E 3895.2 ft. with the E line of the Raymond
2627	2627	Whipple tract to the S cor. of same;
2628	2628	THENCE S 45 degrees W with the M. L. Chesnutt 409.0 ac. tract
2629	2629	S line across a county rd. to the SE cor. of the M. L. Chesnutt 155.5
2630	2630	ac. tract 2248.7 ft.;
2631	2631	THENCE N 46 degrees W 2488.9 ft. with the said 155.5 ac. tract
2632	2632	E line to the NE cor. of said tract;
2633	2633	THENCE S 44 degrees W with the said Chesnutt N line pass the
2634	2634	Joe Krawietz SW cor. pass the Chesnutt NW cor. being the E. Strawn
2635	2635	SW cor. with the Floyd Swoap N line pass the J. 0. Russell SW cor. to
2636	2636	the SW cor. of the M. T. Buckaloo 66.5 ac. tract 5177.8 ft. in all;
2637	2637	THENCE S 46 degrees E 1759.8 ft. with the said Swoap W line
2638	2638	being the E ROW line of a county rd. to a point opposite the SE cor.
2639	2639	of the R. A. David 108 ac. tract;
2640	2640	THENCE S 49 degrees W 2185.4 ft. with the David S line to the
2641	2641	SW cor. of same;
2642	2642	THENCE N 45 degrees W 1181.3 ft. with the David W line across
2643	2643	the old Hy. 181 to the W ROW line of same;
2644	2644	THENCE S 21 degrees and 10 minutes W 899.6 ft. with the said
2645	2645	ROW line to the S. cor. of the H. H. Schuenemann 123.42 ac. tract;
2646	2646	THENCE N 45 degrees W 1800.2 ft. with the Schuenemann W line
2647	2647	to an interior cor. of same;
2648	2648	THENCE N 82 degrees 45 minutes W 4155.3 ft. with the H. H.
2649	2649	Schuenemann S line pass the SW cor. with the W. T. Homeyer S line to
2650	2650	the SW cor. of the Homeyer 255 ac. tract;
2651	2651	THENCE S 3 degrees W 2146.9 ft. with the Mable Davis E line to
2652	2652	the S cor. of same being the N cor. of the W. S. Grunewald 79 ac.
2653	2653	tract;
2654	2654	THENCE S 14 degrees E 288.0 ft. with the Grunewald E line to
2655	2655	the SE cor. of same;
2656	2656	THENCE S 45 degrees W 6900.0 ft. with the Grunewald SE line to
2657	2657	the SW cor. of same in the E ROW line of a county rd. across said
2658	2658	county rd. and with the NW ROW line of the county rd. pass the R. W.
2659	2659	Jones et al. 268 ac. tract and the L. W. Scott 124.73 ac. tract to
2660	2660	the SW cor. of the L. W. Scott 62.37 ac. tract;
2661	2661	THENCE N 45 degrees W 3395.0 ft. with the Scott W line pass
2662	2662	the NW cor. of same to a point in the James H. Wright W line being
2663	2663	the SE cor. of the John Polson 136 ac. tract;
2664	2664	THENCE S 45 degrees W 3933.3 ft. with the John Polson S line
2665	2665	to the SW cor. of same in the E ROW line of county rd.;
2666	2666	THENCE N 45 degrees W 6366.6 ft. with the said county rd. E
2667	2667	line pass the John Polson NW cor. being the J. M. Ruhmann SW cor.,
2668	2668	pass the J. M. Ruhmann NW cor. and across State Hy. 72 to the SW cor.
2669	2669	of the John Beck 587.5 ac. tract;
2670	2670	THENCE S 46 degrees 15 minutes W with the NW ROW line of
2671	2671	St. Hy. 72 pass the O. L. Bagwell SW cor. pass the Tom M. Leggett SW
2672	2672	cor. to the SW cor. of the John W. Regmund 735.85 ac. tract;
2673	2673	THENCE N 45 degrees W 6100.0 ft. with the W line of the said
2674	2674	Regmund tract to the NW cor. of same being the SW cor. of the Geo.
2675	2675	Heider 205.4 ac. tract;
2676	2676	THENCE N 20 degrees W 4200.0 ft. with the Geo. Heider W line
2677	2677	across a county rd. to the SW cor. of the S. E. Crews 2643 ac. tract;
2678	2678	THENCE S 70 degrees W 1943.5 ft. across a county rd. and with
2679	2679	the S line of the Ida Carroll 112 ac. tract to the SW cor. of same;
2680	2680	THENCE N 20 degrees W 2625.0 ft. with the Ida Carroll W line
2681	2681	to the NW cor. of same in the Herbert Rudolph S line;
2682	2682	THENCE S 70 degrees W 1876.8 ft. to the SW cor. of the Herbert
2683	2683	Rudolph tract in the E ROW line of a county rd.;
2684	2684	THENCE N 20 degrees W with the E ROW line of the County rd.
2685	2685	pass the NW cor. of the Herbert Rudolph tract to the NW cor. of the
2686	2686	E. Rudolph 197.5 ac. tract;
2687	2687	THENCE N 15 degrees W 4075.0 ft. with the said E ROW line of
2688	2688	the county rd. to the NW cor. of the Edgar M. Ladewig 305.9 ac.
2689	2689	tract, across county rd. to a point in the S line of the A. N. Wells
2690	2690	292.5 ac. tract;
2691	2691	THENCE S 70 degrees W 2093.6 ft. with the Wells S line to the
2692	2692	SE cor. of same;
2693	2693	THENCE N 20 degrees W 3825.0 ft. with the Wells W line being
2694	2694	the E ROW line of a county rd.;
2695	2695	THENCE N 70 degrees E 1771.4 ft. with the Wells N line to the
2696	2696	SE cor. of the B. W. Klingeman tract in the N line of the Wells
2697	2697	tract;
2698	2698	THENCE N 20 degrees W 3666.6 ft. with the common line between
2699	2699	the said Klingeman tract and the Alex Kowald 200 ac. tract across a
2700	2700	county rd. to the S line of the Fred Klingeman tract;
2701	2701	THENCE S 70 degrees W 1563.5 ft. with the Klingeman S line to
2702	2702	the SW cor. of same;
2703	2703	THENCE N 20 degrees W 3000.0 ft. with the said Klingeman W
2704	2704	line to the NW cor. in the R. Best S line;
2705	2705	THENCE S 70 degrees W 2953.5 ft. with the said Best S line to
2706	2706	the SW cor. of same;
2707	2707	THENCE N 20 degrees W 5225.0 ft. with the Best W line being
2708	2708	the W line of the James Bradberry A-24 Original Grant to the NW cor.
2709	2709	of the Best tract;
2710	2710	THENCE N 70 degrees E 2451.4 ft. with the N line of the Best
2711	2711	tract to the SE cor. of the Horace L. Smith 238 ac. tract in the Best
2712	2712	N line;
2713	2713	THENCE N 20 degrees W 4450.0 ft. with the said Smith E line
2714	2714	being the D. B. Scott W line pass the NE cor. of the said Scott tract
2715	2715	across a county rd. to the SW cor. of the Alvin Ripps 169.5 ac. tract
2716	2716	being the SE cor. of the Vallie Jarvis tract;
2717	2717	THENCE S 70 degrees W 9468.5 ft. with the N ROW line of the
2718	2718	said county rd. pass the Vallie Jarvis SW cor. across a county rd.
2719	2719	pass the H. L. Smith SW cor. pass the Howard Stanfield S cor. to the
2720	2720	R. L. Gideon SW cor.;
2721	2721	THENCE N 40 degrees W 8333.3 ft. with the Gideon W line and
2722	2722	the E line of a county rd. pass the Herbert Weigang SW cor. pass the
2723	2723	Julius Hedtke SW cor. to the place of beginning, containing
2724	2724	80,158.23 acres of land, more or less.
2725	2725	ARTICLE 3. REPEALERS
2726	2726	SECTION 3.01. WILLACY COUNTY NAVIGATION DISTRICT. The
2727	2727	following statutes are repealed:
2728	2728	(1) Chapter 404, Acts of the 53rd Legislature, Regular
2729	2729	Session, 1953;
2730	2730	(2) Chapter 135, Acts of the 54th Legislature, Regular
2731	2731	Session, 1955;
2732	2732	(3) Chapter 141, Acts of the 55th Legislature, Regular
2733	2733	Session, 1957;
2734	2734	(4) Chapter 392, Acts of the 56th Legislature, Regular
2735	2735	Session, 1959;
2736	2736	(5) Sections 2 and 3, Chapter 449, Acts of the 56th
2737	2737	Legislature, Regular Session, 1959;
2738	2738	(6) Sections 2 and 3, Chapter 654, Acts of the 60th
2739	2739	Legislature, Regular Session, 1967; and
2740	2740	(7) Sections 2 and 3, Chapter 892, Acts of the 81st
2741	2741	Legislature, Regular Session, 2009.
2742	2742	SECTION 3.02. GUADALUPE-BLANCO RIVER AUTHORITY. The
2743	2743	following statutes are repealed:
2744	2744	(1) Chapter 75, Acts of the 43rd Legislature, 1st
2745	2745	Called Session, 1933;
2746	2746	(2) Chapter 45, Acts of the 58th Legislature, Regular
2747	2747	Session, 1963;
2748	2748	(3) Sections 2, 3, and 4, Chapter 432, Acts of the 61st
2749	2749	Legislature, Regular Session, 1969;
2750	2750	(4) Sections 2 and 3, Chapter 433, Acts of the 64th
2751	2751	Legislature, Regular Session, 1975; and
2752	2752	(5) Sections 10, 12, and 13, Chapter 22, Acts of the
2753	2753	86th Legislature, Regular Session, 2019.
2754	2754	SECTION 3.03. UPPER GUADALUPE RIVER AUTHORITY. The
2755	2755	following statutes are repealed:
2756	2756	(1) Chapter 5, page 1062, Special Laws, Acts of the
2757	2757	46th Legislature, Regular Session, 1939;
2758	2758	(2) Sections 1 and 2, Chapter 193, Acts of the 59th
2759	2759	Legislature, Regular Session, 1965;
2760	2760	(3) Section 2, Chapter 632, Acts of the 59th
2761	2761	Legislature, Regular Session, 1965;
2762	2762	(4) Section 6, Article IV, Chapter 484, Acts of the
2763	2763	68th Legislature, Regular Session, 1983;
2764	2764	(5) Section 2, Chapter 1059, Acts of the 68th
2765	2765	Legislature, Regular Session, 1983;
2766	2766	(6) Section 2, Chapter 830, Acts of the 75th
2767	2767	Legislature, Regular Session, 1997;
2768	2768	(7) Sections 2 and 3, Chapter 1544, Acts of the 76th
2769	2769	Legislature, Regular Session, 1999; and
2770	2770	(8) Sections 6, 7, and 8, Chapter 180, Acts of the 88th
2771	2771	Legislature, Regular Session, 2023.
2772	2772	SECTION 3.04. FRANKLIN COUNTY WATER DISTRICT. The
2773	2773	following statutes are repealed:
2774	2774	(1) Chapter 719, Acts of the 59th Legislature, Regular
2775	2775	Session, 1965;
2776	2776	(2) Chapter 308, Acts of the 60th Legislature, Regular
2777	2777	Session, 1967;
2778	2778	(3) Section 3, Chapter 412, Acts of the 69th
2779	2779	Legislature, Regular Session, 1985;
2780	2780	(4) Section 2, Chapter 59, Acts of the 72nd
2781	2781	Legislature, Regular Session, 1991; and
2782	2782	(5) Section 2, Chapter 3, Acts of the 75th
2783	2783	Legislature, Regular Session, 1997.
2784	2784	SECTION 3.05. ESCONDIDO WATERSHED DISTRICT. Sections 1, 2,
2785	2785	4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17, Chapter 364,
2786	2786	Acts of the 57th Legislature, Regular Session, 1961, are repealed.
2787	2787	ARTICLE 4. GENERAL MATTERS
2788	2788	SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
2789	2789	This Act is enacted under Section 43, Article III, Texas
2790	2790	Constitution. This Act is intended as a codification only, and no
2791	2791	substantive change in law is intended by this Act. This Act does
2792	2792	not increase or decrease the territory of any special district of
2793	2793	the state as those boundaries exist on the effective date of this
2794	2794	Act.
2795	2795	SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS
2796	2796	LAW. (a) The repeal of a law, including a validating law, by this
2797	2797	Act does not remove, void, or otherwise affect in any manner a
2798	2798	validation under the repealed law. The validation is preserved and
2799	2799	continues to have the same effect that it would have if the law were
2800	2800	not repealed.
2801	2801	(b) Subsection (a) of this section does not diminish the
2802	2802	saving provisions prescribed by Section 311.031, Government Code.
2803	2803	SECTION 4.03. EFFECTIVE DATE. This Act takes effect April
2804	2804	1, 2027.