Bill Text: TX HB2803 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the nonsubstantive revision of certain local laws concerning water and wastewater special districts, including conforming amendments.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on . . . . . . . . . . . . . . . [HB2803 Detail]
Download: Texas-2017-HB2803-Enrolled.html
| H.B. No. 2803 | ||
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| relating to the nonsubstantive revision of certain local laws | ||
| concerning water and wastewater special districts, including | ||
| conforming amendments. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS | ||
| SECTION 1.01. Subtitle A, Title 5, Special District Local | ||
| Laws Code, is amended by adding Chapters 5009 and 5013 to read as | ||
| follows: | ||
| CHAPTER 5009. GALVESTON COUNTY NAVIGATION DISTRICT NO. 1 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 5009.001. DEFINITIONS | ||
| Sec. 5009.002. NATURE OF DISTRICT | ||
| Sec. 5009.003. LEGISLATIVE FINDINGS | ||
| SUBCHAPTER B. POWERS AND DUTIES | ||
| Sec. 5009.051. LIMITATION ON POWERS AND DUTIES | ||
| SUBCHAPTER C. PROMOTION AND DEVELOPMENT FUND | ||
| Sec. 5009.101. ESTABLISHMENT OF FUND; DEPOSITS | ||
| Sec. 5009.102. USE OF FUND | ||
| Sec. 5009.103. CONTROL OF FUND | ||
| CHAPTER 5009. GALVESTON COUNTY NAVIGATION DISTRICT NO. 1 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 5009.001. DEFINITIONS. In this chapter: | ||
| (1) "Commission" means the board of navigation and | ||
| canal commissioners of the district. | ||
| (2) "District" means the Galveston County Navigation | ||
| District No. 1. | ||
| (3) "Fund" means a promotion and development fund | ||
| created by the district. (New.) | ||
| Sec. 5009.002. NATURE OF DISTRICT. The district is created | ||
| under Section 59, Article XVI, Texas Constitution. (Acts 54th | ||
| Leg., R.S., Ch. 46, Sec. 4 (part).) | ||
| Sec. 5009.003. LEGISLATIVE FINDINGS. (a) All land and | ||
| other property in the district benefit from the creation of the | ||
| district, the carrying out of the purposes for which the district | ||
| was created, and the acquisition and construction of navigation | ||
| facilities and improvements to carry out those purposes. | ||
| (b) The district is necessary to carry out Section 59, | ||
| Article XVI, Texas Constitution. (Acts 54th Leg., R.S., Ch. 46, | ||
| Sec. 4 (part).) | ||
| SUBCHAPTER B. POWERS AND DUTIES | ||
| Sec. 5009.051. LIMITATION ON POWERS AND DUTIES. | ||
| Notwithstanding any other law, the district, the commission, or | ||
| officers of the district may not have any power or authority over | ||
| the appointment, remuneration, operations, or conduct of the branch | ||
| pilots of the Galveston Bar or the commission of pilots of the | ||
| Galveston Bar. (Acts 54th Leg., R.S., Ch. 46, Sec. 4 (part).) | ||
| SUBCHAPTER C. PROMOTION AND DEVELOPMENT FUND | ||
| Sec. 5009.101. ESTABLISHMENT OF FUND; DEPOSITS. (a) The | ||
| district may establish a promotion and development fund. | ||
| (b) The district, from time to time, may deposit in the fund | ||
| a portion of the district's accumulated money, plus an amount each | ||
| year not to exceed 10 percent of the district's total maintenance | ||
| and operation taxes, including delinquent taxes, received during a | ||
| fiscal year. | ||
| (c) The commission shall determine the amount to be | ||
| deposited in the fund. | ||
| (d) The money in the fund shall be kept separate from other | ||
| money and accounts of the district. (Acts 71st Leg., R.S., Ch. | ||
| 1168, Secs. 1, 3(a).) | ||
| Sec. 5009.102. USE OF FUND. The fund may be used only for: | ||
| (1) the purposes described by Section 60.203, Water | ||
| Code; | ||
| (2) the public purposes of development and | ||
| diversification of the district's economy; and | ||
| (3) joint projects with other political subdivisions | ||
| or entities, including funding a program of an entity, to carry out | ||
| the purposes of Subchapter H, Chapter 60, Water Code. (Acts 71st | ||
| Leg., R.S., Ch. 1168, Sec. 2.) | ||
| Sec. 5009.103. CONTROL OF FUND. The fund is under the | ||
| exclusive control of the commission, and the commission has full | ||
| responsibility for auditing, approving, and safeguarding the | ||
| expenditure of money from the fund. (Acts 71st Leg., R.S., Ch. | ||
| 1168, Sec. 3(b).) | ||
| CHAPTER 5013. PORT OF HARLINGEN AUTHORITY | ||
| Sec. 5013.001. DEFINITION | ||
| Sec. 5013.002. FORMER NAME OF AUTHORITY | ||
| Sec. 5013.003. GOVERNING BODY | ||
| CHAPTER 5013. PORT OF HARLINGEN AUTHORITY | ||
| Sec. 5013.001. DEFINITION. In this chapter, "authority" | ||
| means the Port of Harlingen Authority. (Acts 68th Leg., R.S., Ch. | ||
| 21, Sec. 1(a); New.) | ||
| Sec. 5013.002. FORMER NAME OF AUTHORITY. Before April 13, | ||
| 1983, the authority was known as the Arroyo Colorado Navigation | ||
| District of Cameron and Willacy Counties. (Acts 68th Leg., R.S., | ||
| Ch. 21, Sec. 1(a); New.) | ||
| Sec. 5013.003. GOVERNING BODY. The navigation and canal | ||
| commission of the authority is called the port commission and is | ||
| composed of port commissioners. (Acts 68th Leg., R.S., Ch. 21, Sec. | ||
| 1(b); New.) | ||
| SECTION 1.02. Subtitle B, Title 6, Special District Local | ||
| Laws Code, is amended by adding Chapter 6913 to read as follows: | ||
| CHAPTER 6913. HASKELL COUNTY WATER SUPPLY DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 6913.001. DEFINITIONS | ||
| Sec. 6913.002. NATURE OF DISTRICT | ||
| Sec. 6913.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
| SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT | ||
| TERRITORY | ||
| Sec. 6913.051. DISTRICT TERRITORY | ||
| Sec. 6913.052. ANNEXATION OF TERRITORY IN HASKELL | ||
| COUNTY | ||
| Sec. 6913.053. PETITION FOR ANNEXATION; BOARD | ||
| DETERMINATION AND RESOLUTION | ||
| Sec. 6913.054. COMMISSIONERS COURT RESOLUTION; SETTING | ||
| ANNEXATION HEARING | ||
| Sec. 6913.055. NOTICE OF ANNEXATION HEARING | ||
| Sec. 6913.056. ANNEXATION HEARING | ||
| Sec. 6913.057. ANNEXATION FINDINGS AND RESOLUTION; | ||
| ELECTION PROPOSITIONS | ||
| Sec. 6913.058. NOTICE OF ANNEXATION ELECTION | ||
| Sec. 6913.059. ANNEXATION ELECTION RESULTS | ||
| Sec. 6913.060. ASSUMPTION OF DEBT; TAXES | ||
| Sec. 6913.061. RESTRICTION ON ANNEXATION OF RAILROAD | ||
| RIGHT-OF-WAY OR UTILITY PROPERTY | ||
| SUBCHAPTER C. BOARD OF DIRECTORS | ||
| Sec. 6913.101. DIRECTORS | ||
| Sec. 6913.102. QUALIFICATIONS FOR OFFICE | ||
| Sec. 6913.103. NOTICE OF DIRECTORS' ELECTION | ||
| Sec. 6913.104. OFFICERS | ||
| Sec. 6913.105. VOTE BY BOARD PRESIDENT | ||
| Sec. 6913.106. ABSENCE OR INACTION OF BOARD PRESIDENT | ||
| Sec. 6913.107. DIRECTOR AND TREASURER BONDS | ||
| Sec. 6913.108. COMPENSATION OF DIRECTORS | ||
| SUBCHAPTER D. POWERS AND DUTIES | ||
| Sec. 6913.151. ACQUISITION OF WATER OR WATER RIGHTS | ||
| Sec. 6913.152. CONSTRUCTION OR ACQUISITION OF PROPERTY | ||
| Sec. 6913.153. EMINENT DOMAIN | ||
| Sec. 6913.154. COST OF RELOCATING OR ALTERING PROPERTY | ||
| Sec. 6913.155. CONSTRUCTION AND PURCHASING CONTRACTS | ||
| Sec. 6913.156. CONTRACTS RELATED TO WATER SUPPLY AND | ||
| FACILITIES | ||
| SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 6913.201. DEPOSITORY | ||
| Sec. 6913.202. PROJECTS EXEMPT FROM ASSESSMENT OR | ||
| TAXATION | ||
| Sec. 6913.203. TAX ASSESSOR AND COLLECTOR | ||
| SUBCHAPTER F. BONDS | ||
| Sec. 6913.251. AUTHORITY TO ISSUE BONDS | ||
| Sec. 6913.252. FORM OF BONDS | ||
| Sec. 6913.253. MATURITY | ||
| Sec. 6913.254. BONDS PAYABLE FROM REVENUE | ||
| Sec. 6913.255. BONDS PAYABLE FROM AD VALOREM TAXES | ||
| Sec. 6913.256. ELECTION FOR BONDS PAYABLE FROM AD | ||
| VALOREM TAXES | ||
| Sec. 6913.257. TAX AND COMPENSATION RATES | ||
| Sec. 6913.258. ADDITIONAL SECURITY | ||
| Sec. 6913.259. USE OF BOND PROCEEDS | ||
| Sec. 6913.260. APPOINTMENT OF RECEIVER | ||
| Sec. 6913.261. REFUNDING BONDS | ||
| Sec. 6913.262. BONDS EXEMPT FROM TAXATION | ||
| CHAPTER 6913. HASKELL COUNTY WATER SUPPLY DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 6913.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Commissioners court" means the Haskell County | ||
| Commissioners Court. | ||
| (3) "Director" means a board member. | ||
| (4) "District" means the Haskell County Water Supply | ||
| District. (Acts 54th Leg., R.S., Ch. 141, Sec. 1 (part); New.) | ||
| Sec. 6913.002. NATURE OF DISTRICT. The district is created | ||
| under Section 59, Article XVI, Texas Constitution. (Acts 54th | ||
| Leg., R.S., Ch. 141, Sec. 1 (part).) | ||
| Sec. 6913.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
| All land in the district will benefit from the improvements to be | ||
| acquired and constructed by the district. | ||
| (b) Because the accomplishment of the purposes stated in | ||
| this chapter is for the benefit of the people of this state and for | ||
| the improvement of their property and industries, the district in | ||
| carrying out the purposes of this chapter performs an essential | ||
| public function under the Texas Constitution. (Acts 54th Leg., | ||
| R.S., Ch. 141, Secs. 2 (part), 19 (part).) | ||
| SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT | ||
| TERRITORY | ||
| Sec. 6913.051. DISTRICT TERRITORY. The district is | ||
| composed of the territory described by Section 2, Chapter 141, Acts | ||
| of the 54th Legislature, Regular Session, 1955, as that territory | ||
| may have been modified under: | ||
| (1) Subchapter J, Chapter 49, Water Code; | ||
| (2) this subchapter or its predecessor statute, former | ||
| Section 5, Chapter 141, Acts of the 54th Legislature, Regular | ||
| Session, 1955; or | ||
| (3) other law. (Acts 54th Leg., R.S., Ch. 141, Sec. 2 | ||
| (part); New.) | ||
| Sec. 6913.052. ANNEXATION OF TERRITORY IN HASKELL COUNTY. | ||
| Territory in Haskell County, whether the territory is contiguous to | ||
| the district or not, may be annexed to the district as provided by | ||
| this subchapter. (Acts 54th Leg., R.S., Ch. 141, Sec. 5 (part).) | ||
| Sec. 6913.053. PETITION FOR ANNEXATION; BOARD | ||
| DETERMINATION AND RESOLUTION. (a) Territory may be annexed to the | ||
| district under this subchapter if a petition requesting annexation | ||
| is filed with the board. | ||
| (b) The petition must: | ||
| (1) be signed by: | ||
| (A) 50 registered voters of the territory | ||
| proposed to be annexed who own taxable property in that territory; | ||
| or | ||
| (B) a majority of the registered voters of that | ||
| territory who own taxable property in that territory; and | ||
| (2) describe the territory proposed to be annexed by | ||
| metes and bounds. | ||
| (c) If the board determines that the petition complies with | ||
| Subsection (b), that the annexation would be in the district's | ||
| interest, and that the district will be able to supply water to the | ||
| proposed territory, the board shall: | ||
| (1) adopt a resolution requesting that the | ||
| commissioners court annex the territory to the district and stating | ||
| any conditions for annexation of the territory; and | ||
| (2) deliver a certified copy of the resolution and of | ||
| the petition to the commissioners court. (Acts 54th Leg., R.S., Ch. | ||
| 141, Secs. 5(a), (b).) | ||
| Sec. 6913.054. COMMISSIONERS COURT RESOLUTION; SETTING | ||
| ANNEXATION HEARING. On receipt of a board resolution and petition | ||
| under this subchapter, the commissioners court shall: | ||
| (1) adopt a resolution that declares the court's | ||
| intention to call an election in the proposed territory on the | ||
| proposition of whether to annex the territory to the district; and | ||
| (2) set a time and place to hold a hearing on the | ||
| question of whether the proposed territory will benefit from the | ||
| improvements, works, and facilities then owned or operated or | ||
| contemplated to be owned or operated by the district. (Acts 54th | ||
| Leg., R.S., Ch. 141, Sec. 5(c).) | ||
| Sec. 6913.055. NOTICE OF ANNEXATION HEARING. (a) Not later | ||
| than the 10th day before the date of the annexation hearing, notice | ||
| of the resolution adopted under Section 6913.054 shall be published | ||
| one time in a newspaper designated by the commissioners court, | ||
| except as provided by Subsection (c). | ||
| (b) The notice must: | ||
| (1) be addressed to the citizens and owners of | ||
| property in the proposed territory; | ||
| (2) state the time and place of the annexation | ||
| hearing; and | ||
| (3) describe the proposed territory in the same manner | ||
| as Section 6913.053(b) requires. | ||
| (c) If a newspaper is not published in the proposed | ||
| territory, the notice shall be posted in three public places in the | ||
| proposed territory. (Acts 54th Leg., R.S., Ch. 141, Secs. 5(d), | ||
| (k).) | ||
| Sec. 6913.056. ANNEXATION HEARING. (a) The annexation | ||
| hearing may proceed in the order and under the rules prescribed by | ||
| the commissioners court, and the court may recess the hearing. | ||
| (b) Any interested person may appear at the annexation | ||
| hearing and offer evidence for or against the proposed annexation. | ||
| (Acts 54th Leg., R.S., Ch. 141, Sec. 5(e) (part).) | ||
| Sec. 6913.057. ANNEXATION FINDINGS AND RESOLUTION; | ||
| ELECTION PROPOSITIONS. (a) At the conclusion of the annexation | ||
| hearing, if the commissioners court finds that all the proposed | ||
| territory will benefit from the present or contemplated | ||
| improvements, works, or facilities of the district, the | ||
| commissioners court shall adopt a resolution that: | ||
| (1) calls an election in the proposed territory; and | ||
| (2) states the date of the election and the place or | ||
| places of holding the election. | ||
| (b) In calling an election on the proposition for annexation | ||
| of the proposed territory, the commissioners court may include in | ||
| the same proposition a proposition for: | ||
| (1) the territory to assume its part of the | ||
| tax-supported bonds of the district then outstanding and those | ||
| bonds previously voted but not yet sold; and | ||
| (2) an ad valorem tax to be imposed on taxable property | ||
| in the territory along with the tax in the rest of the district for | ||
| the payment of the bonds. (Acts 54th Leg., R.S., Ch. 141, Secs. | ||
| 5(e) (part), (i).) | ||
| Sec. 6913.058. NOTICE OF ANNEXATION ELECTION. (a) Not | ||
| later than the 10th day before the date set for the election, notice | ||
| of the election shall be published one time in a newspaper | ||
| designated by the commissioners court, except as provided by | ||
| Subsection (c). | ||
| (b) In addition to the requirements of Section 4.004, | ||
| Election Code, notice of the annexation election must: | ||
| (1) state the conditions under which the proposed | ||
| territory may be annexed; or | ||
| (2) refer to the resolution of the board for that | ||
| purpose. | ||
| (c) If a newspaper is not published in the proposed | ||
| territory, the notice shall be posted in three public places in the | ||
| territory. (Acts 54th Leg., R.S., Ch. 141, Secs. 5(f) (part), (k).) | ||
| Sec. 6913.059. ANNEXATION ELECTION RESULTS. (a) The | ||
| commissioners court shall issue an order declaring the results of | ||
| the annexation election. | ||
| (b) If the order shows that a majority of the votes cast are | ||
| in favor of annexation, the commissioners court shall annex the | ||
| proposed territory to the district. The annexation is | ||
| incontestable except in the time for contesting elections under the | ||
| Election Code. | ||
| (c) A certified copy of the order shall be recorded in the | ||
| deed records of Haskell County. (Acts 54th Leg., R.S., Ch. 141, | ||
| Sec. 5(h) (part).) | ||
| Sec. 6913.060. ASSUMPTION OF DEBT; TAXES. (a) After | ||
| territory is annexed to the district, the board may order an | ||
| election in the district as enlarged to determine whether the | ||
| district as enlarged shall assume any tax-supported bonds then | ||
| outstanding and those previously voted but not yet sold and impose | ||
| an ad valorem tax on all taxable property in the district as | ||
| enlarged to pay the bonds, unless the proposition is voted along | ||
| with the annexation election and becomes binding on the territory | ||
| annexed. | ||
| (b) An election ordered under Subsection (a) shall be held | ||
| in the same manner as an election under this chapter for the | ||
| issuance of bonds. (Acts 54th Leg., R.S., Ch. 141, Sec. 5(j).) | ||
| Sec. 6913.061. RESTRICTION ON ANNEXATION OF RAILROAD | ||
| RIGHT-OF-WAY OR UTILITY PROPERTY. A railroad right-of-way or a | ||
| transmission line or another item of property of an electric or gas | ||
| utility that is not located inside the limits of a municipality will | ||
| not benefit from improvements, works, or facilities the district is | ||
| authorized to construct. Therefore, a railroad right-of-way or a | ||
| transmission line or another item of property of an electric or gas | ||
| utility may not be annexed to the district unless the right-of-way | ||
| or property is located inside the limits of a municipality annexed | ||
| to the district. (Acts 54th Leg., R.S., Ch. 141, Sec. 5(e) (part).) | ||
| SUBCHAPTER C. BOARD OF DIRECTORS | ||
| Sec. 6913.101. DIRECTORS. The district is governed by a | ||
| board of five elected directors. (Acts 54th Leg., R.S., Ch. 141, | ||
| Secs. 3(a) (part), (c) (part).) | ||
| Sec. 6913.102. QUALIFICATIONS FOR OFFICE. (a) A person may | ||
| not be appointed a director unless the person resides in and owns | ||
| taxable property in the district. | ||
| (b) A member of a municipality's governing body or an | ||
| employee of a municipality may not be a director. (Acts 54th Leg., | ||
| R.S., Ch. 141, Sec. 3(a) (part).) | ||
| Sec. 6913.103. NOTICE OF DIRECTORS' ELECTION. Notice of a | ||
| directors' election shall be published once in a newspaper | ||
| published in Haskell County not later than the 10th day before the | ||
| date of the election. (Acts 54th Leg., R.S., Ch. 141, Secs. 3(b) | ||
| (part), (c) (part).) | ||
| Sec. 6913.104. OFFICERS. (a) The board shall elect from | ||
| the board's membership a president, a vice president, and any other | ||
| officers that the board determines are necessary. | ||
| (b) The board shall appoint a secretary and a treasurer, who | ||
| are not required to be directors. The board may combine the offices | ||
| of secretary and treasurer. (Acts 54th Leg., R.S., Ch. 141, Sec. 4 | ||
| (part).) | ||
| Sec. 6913.105. VOTE BY BOARD PRESIDENT. The president has | ||
| the same right to vote as any other director. (Acts 54th Leg., | ||
| R.S., Ch. 141, Sec. 4 (part).) | ||
| Sec. 6913.106. ABSENCE OR INACTION OF BOARD PRESIDENT. | ||
| When the board president is absent or fails or declines to act, the | ||
| board vice president shall perform all duties and exercise all | ||
| powers this chapter gives the president. (Acts 54th Leg., R.S., | ||
| Ch. 141, Sec. 4 (part).) | ||
| Sec. 6913.107. DIRECTOR AND TREASURER BONDS. (a) Each | ||
| director shall give bond in the amount of $5,000 conditioned on the | ||
| faithful performance of the director's duties. | ||
| (b) The treasurer shall give bond in the amount required by | ||
| the board. The treasurer's bond shall be conditioned on the | ||
| treasurer's faithful accounting for all money that comes into the | ||
| treasurer's custody as treasurer of the district. (Acts 54th Leg., | ||
| R.S., Ch. 141, Secs. 3(a) (part), 4 (part).) | ||
| Sec. 6913.108. COMPENSATION OF DIRECTORS. (a) Each | ||
| director: | ||
| (1) shall receive a fee not to exceed $5 for attending | ||
| each board meeting; and | ||
| (2) is also entitled to receive $5 for each day devoted | ||
| to the business of the district if the service is expressly approved | ||
| by the board. | ||
| (b) In all areas of conflict with Subsection (a) of this | ||
| section, Section 49.060, Water Code, takes precedence. | ||
| (c) A director's compensation may be increased as | ||
| authorized by Section 49.060, Water Code, by resolution adopted by | ||
| the board in accordance with Subsection (e) of that section on or | ||
| after September 1, 1995. (Acts 54th Leg., R.S., Ch. 141, Sec. 3(e) | ||
| (part); New.) | ||
| SUBCHAPTER D. POWERS AND DUTIES | ||
| Sec. 6913.151. ACQUISITION OF WATER OR WATER RIGHTS. (a) | ||
| The district may acquire a groundwater or surface water supply. | ||
| (b) The district may acquire water appropriation permits | ||
| directly from the Texas Commission on Environmental Quality or from | ||
| permit owners. | ||
| (c) The district may purchase water or a water supply from | ||
| any person. (Acts 54th Leg., R.S., Ch. 141, Secs. 6 (part); 16.) | ||
| Sec. 6913.152. CONSTRUCTION OR ACQUISITION OF PROPERTY. | ||
| The district may construct or otherwise acquire all works, plants, | ||
| and other facilities necessary or useful for the purpose of | ||
| processing groundwater or surface water and transporting the water | ||
| to any person for municipal, domestic, and industrial purposes. | ||
| (Acts 54th Leg., R.S., Ch. 141, Sec. 6 (part).) | ||
| Sec. 6913.153. EMINENT DOMAIN. (a) To carry out a power | ||
| provided by this chapter, the district may exercise the power of | ||
| eminent domain to acquire land and easements inside or outside the | ||
| district in Haskell County. | ||
| (b) The district must exercise the power of eminent domain | ||
| in the manner provided by Chapter 21, Property Code. | ||
| (c) The board shall determine the amount and the type of | ||
| interest in land and easements to be acquired under this section. | ||
| (d) The district's authority under this section to exercise | ||
| the power of eminent domain expired on September 1, 2013, unless the | ||
| district submitted a letter to the comptroller in accordance with | ||
| Section 2206.101(b), Government Code, not later than December 31, | ||
| 2012. (Acts 54th Leg., R.S., Ch. 141, Sec. 7 (part); New.) | ||
| Sec. 6913.154. COST OF RELOCATING OR ALTERING PROPERTY. If | ||
| the district's exercise of the power of eminent domain, the power of | ||
| relocation, or any other power granted by this chapter makes | ||
| necessary relocating, raising, rerouting, changing the grade of, or | ||
| altering the construction of a highway, railroad, electric | ||
| transmission line, telephone or telegraph property or facility, or | ||
| pipeline, the necessary action shall be accomplished at the sole | ||
| expense of the district. (Acts 54th Leg., R.S., Ch. 141, Sec. 7 | ||
| (part).) | ||
| Sec. 6913.155. CONSTRUCTION AND PURCHASING CONTRACTS. A | ||
| construction contract or contract for the purchase of materials, | ||
| equipment, or supplies is governed by Chapter 49 or 51, Water Code. | ||
| (Acts 54th Leg., R.S., Ch. 141, Sec. 8.) | ||
| Sec. 6913.156. CONTRACTS RELATED TO WATER SUPPLY AND | ||
| FACILITIES. (a) The district may contract with any person to | ||
| supply water to the person. | ||
| (b) The district may contract with a municipality for the | ||
| rental or leasing of or for the operation of the municipality's | ||
| water production, supply, or distribution facilities. | ||
| (c) The contract may provide that the contract continues in | ||
| effect until bonds specified in the contract and refunding bonds | ||
| issued in lieu of the bonds are paid. (Acts 54th Leg., R.S., Ch. | ||
| 141, Sec. 14.) | ||
| SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 6913.201. DEPOSITORY. (a) Except as provided by | ||
| Subsection (i), the board shall designate one or more banks in | ||
| Haskell County to serve as depository for the district's money. | ||
| (b) District money shall be deposited with a designated | ||
| depository bank or banks, except that: | ||
| (1) money pledged to pay bonds may be deposited with | ||
| the trustee bank named in the trust agreement; and | ||
| (2) money shall be remitted to the bank of payment for | ||
| the payment of principal of and interest on bonds. | ||
| (c) To the extent that money in a depository bank or a | ||
| trustee bank is not insured by the Federal Deposit Insurance | ||
| Corporation, the money must be secured in the manner provided by law | ||
| for the security of county funds. | ||
| (d) The board shall prescribe the terms of service for | ||
| depositories. | ||
| (e) Before designating a depository bank, the board shall | ||
| issue a notice to each bank in Haskell County that: | ||
| (1) states the time and place at which the board will | ||
| meet to designate a depository bank or banks; and | ||
| (2) invites the banks to submit an application to be | ||
| designated as a depository. | ||
| (f) The notice described by Subsection (e) must be mailed or | ||
| delivered not later than the 10th day before the date fixed for the | ||
| submission of applications. | ||
| (g) At the time stated in the notice, the board shall: | ||
| (1) consider the application and the management and | ||
| condition of each bank that applies; and | ||
| (2) designate as a depository the bank or banks that: | ||
| (A) offer the most favorable terms for handling | ||
| the money; and | ||
| (B) the board finds have proper management and | ||
| are in condition to handle the money. | ||
| (h) Membership on the board of an officer or director of a | ||
| bank does not disqualify the bank from being designated as a | ||
| depository. | ||
| (i) If the board does not receive any applications before | ||
| the time stated in the notice, or if the board rejects all | ||
| applications, the board shall designate one or more banks located | ||
| inside or outside the county on terms that the board finds | ||
| advantageous to the district. (Acts 54th Leg., R.S., Ch. 141, Sec. | ||
| 15.) | ||
| Sec. 6913.202. PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION. | ||
| The district is not required to pay a tax or assessment on a project | ||
| or any part of a project. (Acts 54th Leg., R.S., Ch. 141, Sec. 19 | ||
| (part).) | ||
| Sec. 6913.203. TAX ASSESSOR AND COLLECTOR. Before the sale | ||
| and delivery of district bonds payable wholly or partly from ad | ||
| valorem taxes, the board shall appoint a tax assessor and | ||
| collector. (Acts 54th Leg., R.S., Ch. 141, Sec. 20(b) (part).) | ||
| SUBCHAPTER F. BONDS | ||
| Sec. 6913.251. AUTHORITY TO ISSUE BONDS. (a) The district | ||
| may issue bonds to carry out any power conferred by this chapter, | ||
| including the power to provide a source of water supply for any | ||
| person for municipal, domestic, or industrial purposes. | ||
| (b) The bonds must be authorized by a board resolution. | ||
| (Acts 54th Leg., R.S., Ch. 141, Secs. 9(a) (part), (b) (part), (e) | ||
| (part).) | ||
| Sec. 6913.252. FORM OF BONDS. District bonds must be: | ||
| (1) issued in the district's name; | ||
| (2) signed by the president or vice president; and | ||
| (3) attested by the secretary. (Acts 54th Leg., R.S., | ||
| Ch. 141, Sec. 9(b) (part).) | ||
| Sec. 6913.253. MATURITY. District bonds must mature not | ||
| later than 40 years after the date of their issuance. (Acts 54th | ||
| Leg., R.S., Ch. 141, Sec. 9(b) (part).) | ||
| Sec. 6913.254. BONDS PAYABLE FROM REVENUE. (a) In this | ||
| section, "net revenue" means the district's gross revenue, other | ||
| than taxation, minus the amount necessary to pay the cost of | ||
| maintaining and operating the district and its property. | ||
| (b) District bonds may be secured as described by a board | ||
| resolution by a pledge of: | ||
| (1) all or part of the district's net revenue; | ||
| (2) the net revenue of a contract made at any time; or | ||
| (3) other revenue specified by board resolution. | ||
| (c) The pledge may reserve the right to issue additional | ||
| bonds on a parity with or subordinate to the bonds being issued, | ||
| subject to conditions specified by the pledge. | ||
| (d) District bonds not payable wholly or partly from ad | ||
| valorem taxes may be issued without an election. (Acts 54th Leg., | ||
| R.S., Ch. 141, Secs. 9(a) (part), (d), 12(a) (part).) | ||
| Sec. 6913.255. BONDS PAYABLE FROM AD VALOREM TAXES. The | ||
| district may issue bonds: | ||
| (1) payable from ad valorem taxes imposed on taxable | ||
| property in the district; or | ||
| (2) secured by and payable from: | ||
| (A) taxes described by Subdivision (1); and | ||
| (B) revenue of the district. (Acts 54th Leg., | ||
| R.S., Ch. 141, Sec. 9(e) (part).) | ||
| Sec. 6913.256. ELECTION FOR BONDS PAYABLE FROM AD VALOREM | ||
| TAXES. (a) District bonds, other than refunding bonds, payable | ||
| wholly or partly from ad valorem taxes may not be issued unless | ||
| authorized by a district election at which a majority of the votes | ||
| cast favor the bond issuance. | ||
| (b) The board may order an election under this section | ||
| without a petition. The order must specify: | ||
| (1) the time and places at which the election will be | ||
| held; | ||
| (2) the purpose for which the bonds will be issued; | ||
| (3) the maximum amount of the bonds; | ||
| (4) the maximum maturity of the bonds; | ||
| (5) the form of the ballot; and | ||
| (6) the presiding judge for each voting place. | ||
| (c) Notice of the election must be given by publishing a | ||
| substantial copy of the order calling the election in a newspaper | ||
| published in Haskell County that is circulated in the district for | ||
| two consecutive weeks. The first publication must be not later than | ||
| the 15th day before the date of the election. (Acts 54th Leg., | ||
| R.S., Ch. 141, Secs. 12(a) (part), (b).) | ||
| Sec. 6913.257. TAX AND COMPENSATION RATES. (a) If the | ||
| district issues bonds payable wholly or partly from ad valorem | ||
| taxes, the district shall impose a tax sufficient to pay the bonds | ||
| and the interest on the bonds as the bonds and interest become due. | ||
| The board may adopt the rate of the tax for any year after | ||
| considering the money received from pledged revenue available for | ||
| payment of principal and interest to the extent and in the manner | ||
| permitted by the resolution authorizing the issuance of the bonds. | ||
| (b) If the district issues bonds payable wholly or partly | ||
| from revenue, the board shall set and revise the rates of | ||
| compensation for water sold and services rendered by the district. | ||
| (c) For bonds payable wholly from revenue, the rates of | ||
| compensation must be sufficient to: | ||
| (1) pay the expense of operating and maintaining the | ||
| facilities of the district; | ||
| (2) pay the bonds as they mature and the interest as it | ||
| accrues; and | ||
| (3) maintain the reserve and other funds as provided | ||
| by the resolution authorizing the issuance of the bonds. | ||
| (d) For bonds payable partly from revenue, the rates of | ||
| compensation must be sufficient to assure compliance with the | ||
| resolution authorizing the issuance of the bonds. (Acts 54th Leg., | ||
| R.S., Ch. 141, Secs. 9(e) (part), (f).) | ||
| Sec. 6913.258. ADDITIONAL SECURITY. (a) District bonds, | ||
| including refunding bonds, that are not payable wholly from ad | ||
| valorem taxes may be additionally secured by a deed of trust lien on | ||
| physical property of the district and all franchises, easements, | ||
| water rights and appropriation permits, leases, contracts, and all | ||
| rights appurtenant to the property, vesting in the trustee power | ||
| to: | ||
| (1) sell the property for payment of the debt; | ||
| (2) operate the property; and | ||
| (3) take other action to further secure the bonds. | ||
| (b) The deed of trust may: | ||
| (1) contain any provision the board prescribes to | ||
| secure the bonds and preserve the trust estate; | ||
| (2) provide for amendment or modification of the deed | ||
| of trust; and | ||
| (3) provide for the issuance of bonds to replace lost | ||
| or mutilated bonds. | ||
| (c) A purchaser under a sale under the deed of trust is: | ||
| (1) the owner of the dam or dams and the other property | ||
| and facilities purchased; and | ||
| (2) entitled to maintain and operate the property and | ||
| facilities. (Acts 54th Leg., R.S., Ch. 141, Sec. 11.) | ||
| Sec. 6913.259. USE OF BOND PROCEEDS. (a) The district may | ||
| set aside an amount of proceeds from the sale of district bonds for | ||
| the payment of interest expected to accrue during construction and | ||
| for one year after construction in a reserve interest and sinking | ||
| fund. The resolution authorizing the bonds may provide for setting | ||
| aside and using the proceeds as provided by this subsection. | ||
| (b) The district may use proceeds from the sale of the bonds | ||
| to pay any expense necessarily incurred in accomplishing the | ||
| purposes of the district. (Acts 54th Leg., R.S., Ch. 141, Sec. | ||
| 9(g).) | ||
| Sec. 6913.260. APPOINTMENT OF RECEIVER. (a) On default or | ||
| threatened default in the payment of principal of or interest on | ||
| district bonds that are payable wholly or partly from revenue, a | ||
| court may appoint a receiver for the district on petition of the | ||
| holders of 25 percent of the outstanding bonds of the issue in | ||
| default or threatened with default. | ||
| (b) The receiver may collect and receive all district income | ||
| except taxes, employ and discharge district agents and employees, | ||
| take charge of money on hand, except money received from taxes | ||
| unless commingled, and manage the district's proprietary affairs | ||
| without the consent of or hindrance by the board. | ||
| (c) The receiver may be authorized to sell or contract for | ||
| the sale of water or to renew those contracts with the approval of | ||
| the court that appointed the receiver. | ||
| (d) The court may vest the receiver with any other power or | ||
| duty the court finds necessary to protect the bondholders. (Acts | ||
| 54th Leg., R.S., Ch. 141, Sec. 9(h).) | ||
| Sec. 6913.261. REFUNDING BONDS. (a) The district may issue | ||
| refunding bonds to refund outstanding district bonds and interest | ||
| on those bonds. | ||
| (b) Refunding bonds may: | ||
| (1) be issued to refund bonds of more than one series; | ||
| (2) combine the pledges for the outstanding bonds for | ||
| the security of the refunding bonds; or | ||
| (3) be secured by a pledge of other or additional | ||
| revenue. | ||
| (c) The provisions of this subchapter regarding the | ||
| issuance of other bonds and the remedies of the holders apply to | ||
| refunding bonds. | ||
| (d) The comptroller shall register the refunding bonds on | ||
| surrender and cancellation of the bonds to be refunded. | ||
| (e) Instead of issuing bonds to be registered on the | ||
| surrender and cancellation of the bonds to be refunded, the | ||
| district, in the resolution authorizing the issuance of the | ||
| refunding bonds, may provide for the sale of the refunding bonds and | ||
| the deposit of the proceeds in a bank at which the bonds to be | ||
| refunded are payable. In that case, the refunding bonds may be | ||
| issued in an amount sufficient to pay the interest on the bonds to | ||
| be refunded to their option date or maturity date, and the | ||
| comptroller shall register the refunding bonds without the | ||
| surrender and cancellation of the bonds to be refunded. (Acts 54th | ||
| Leg., R.S., Ch. 141, Sec. 10.) | ||
| Sec. 6913.262. BONDS EXEMPT FROM TAXATION. District bonds, | ||
| the transfer of district bonds, and income from district bonds, | ||
| including profits made on the sale of district bonds, are exempt | ||
| from taxation in this state. (Acts 54th Leg., R.S., Ch. 141, Sec. | ||
| 19 (part).) | ||
| SECTION 1.03. Subtitle E, Title 6, Special District Local | ||
| Laws Code, is amended by adding Chapter 7811 to read as follows: | ||
| CHAPTER 7811. DALLAS COUNTY FLOOD CONTROL DISTRICT NO. 1 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7811.001. DEFINITIONS | ||
| Sec. 7811.002. NATURE OF DISTRICT | ||
| Sec. 7811.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
| Sec. 7811.004. DISTRICT TERRITORY | ||
| Sec. 7811.005. ANNEXATION OF LAND | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 7811.051. COMPOSITION OF BOARD; TERMS | ||
| Sec. 7811.052. ELIGIBILITY FOR OFFICE | ||
| Sec. 7811.053. DIRECTOR'S BOND | ||
| Sec. 7811.054. BOARD VACANCY | ||
| Sec. 7811.055. BOARD PRESIDENT; ABSENCE OF BOARD | ||
| PRESIDENT | ||
| Sec. 7811.056. SECRETARY'S DUTIES | ||
| Sec. 7811.057. TREASURER | ||
| Sec. 7811.058. COMPENSATION OF DIRECTORS | ||
| Sec. 7811.059. VOTE REQUIRED FOR OFFICIAL BOARD ACTION | ||
| Sec. 7811.060. DESIGNATION OF DIRECTOR TO ACT ON | ||
| DISTRICT'S BEHALF | ||
| Sec. 7811.061. DISTRICT OFFICE | ||
| Sec. 7811.062. RECORDS | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 7811.101. GENERAL POWERS AND DUTIES | ||
| Sec. 7811.102. EMINENT DOMAIN | ||
| Sec. 7811.103. COST OF RELOCATING OR ALTERING PROPERTY | ||
| Sec. 7811.104. CONTRACTS FOR FACILITIES AND | ||
| IMPROVEMENTS; ELECTION NOT REQUIRED | ||
| Sec. 7811.105. PROHIBITED FUNCTIONS | ||
| Sec. 7811.106. STANDARDS FOR ROAD, STREET, OR UTILITY | ||
| CONSTRUCTION | ||
| Sec. 7811.107. APPROVAL OF RECLAMATION PLAN, | ||
| AMENDMENT, OR PROJECT | ||
| SUBCHAPTER D. TAX ABATEMENT IN REINVESTMENT ZONE | ||
| Sec. 7811.151. DESIGNATION OF REINVESTMENT ZONE | ||
| Sec. 7811.152. CRITERIA FOR REINVESTMENT ZONE | ||
| Sec. 7811.153. EXPIRATION OF REINVESTMENT ZONE | ||
| Sec. 7811.154. TAX ABATEMENT AGREEMENT | ||
| Sec. 7811.155. TAX ABATEMENT AGREEMENT: CERTIFICATED | ||
| AIR CARRIER | ||
| Sec. 7811.156. TAX ABATEMENT AGREEMENT REQUIREMENTS | ||
| Sec. 7811.157. NOTICE OF TAX ABATEMENT AGREEMENT TO | ||
| OTHER TAXING UNITS | ||
| Sec. 7811.158. MODIFICATION OR TERMINATION OF TAX | ||
| ABATEMENT AGREEMENT | ||
| Sec. 7811.159. REGISTRY OF REINVESTMENT ZONES AND TAX | ||
| ABATEMENT AGREEMENTS; ASSISTANCE TO | ||
| DISTRICT | ||
| Sec. 7811.160. PROPERTIES THAT MAY BE INCLUDED IN TAX | ||
| ABATEMENT AGREEMENT | ||
| SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 7811.201. DEPOSITORY | ||
| Sec. 7811.202. AUTHORITY TO ISSUE BONDS AND INCUR | ||
| INDEBTEDNESS | ||
| Sec. 7811.203. CONSTITUENT MUNICIPALITIES NOT | ||
| OBLIGATED TO PAY DISTRICT OBLIGATIONS | ||
| Sec. 7811.204. BOND ANTICIPATION NOTES | ||
| Sec. 7811.205. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES | ||
| CHAPTER 7811. DALLAS COUNTY FLOOD CONTROL DISTRICT NO. 1 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7811.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Constituent municipality" means the City of Grand | ||
| Prairie or the City of Irving. | ||
| (3) "Director" means a member of the board. | ||
| (4) "District" means the Dallas County Flood Control | ||
| District No. 1. (Acts 68th Leg., R.S., Ch. 1081, Secs. 1(b) (part), | ||
| (c), 2(a) (part); New.) | ||
| Sec. 7811.002. NATURE OF DISTRICT. The district is a | ||
| conservation and reclamation district established under Section | ||
| 59, Article XVI, Texas Constitution. (Acts 68th Leg., R.S., Ch. | ||
| 1081, Secs. 1(a), (b) (part).) | ||
| Sec. 7811.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
| The district is created to serve a public use and benefit. | ||
| (b) The land and other property included in the district | ||
| will benefit from the works and projects accomplished by the | ||
| district and by the powers conferred by Section 59, Article XVI, | ||
| Texas Constitution. | ||
| (c) The creation and operation of the district is essential | ||
| to accomplish the purpose of Section 59, Article XVI, Texas | ||
| Constitution. (Acts 68th Leg., R.S., Ch. 1081, Secs. 8, 14.) | ||
| Sec. 7811.004. DISTRICT TERRITORY. (a) The district is | ||
| composed of the territory located within the redefined boundaries | ||
| of the district as filed in the deed records of Dallas County, | ||
| Texas, on August 29, 1983, as amended by Sections 2(b) and (d), | ||
| Chapter 1081, Acts of the 68th Legislature, Regular Session, 1983, | ||
| as that territory may have been modified under: | ||
| (1) Section 7811.005 of this chapter or its | ||
| predecessor statute, former Section 13, Chapter 1081, Acts of the | ||
| 68th Legislature, Regular Session, 1983; | ||
| (2) Subchapter J, Chapter 49, Water Code; or | ||
| (3) other law. | ||
| (b) The boundaries and field notes of the district form a | ||
| closure. A mistake in the field notes or in copying the field notes | ||
| in the legislative process does not affect: | ||
| (1) the district's organization, existence, or | ||
| validity; | ||
| (2) the district's right to issue any type of bond for | ||
| a purpose for which the district is created or to pay the principal | ||
| of and interest on the bond; | ||
| (3) the district's right to impose a tax; or | ||
| (4) the legal operation of the district or its | ||
| governing body. (Acts 68th Leg., R.S., Ch. 1081, Secs. 2(a) (part), | ||
| (b), (c), (d); New.) | ||
| Sec. 7811.005. ANNEXATION OF LAND. Before the annexation | ||
| of land within the corporate limits of a constituent municipality, | ||
| the district must obtain the approval of the municipality. (Acts | ||
| 68th Leg., R.S., Ch. 1081, Sec. 13 (part).) | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 7811.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
| district is governed by a board consisting of five appointed | ||
| directors. The City of Irving appoints three directors and the City | ||
| of Grand Prairie appoints two directors. | ||
| (b) Directors serve two-year terms. (Acts 68th Leg., R.S., | ||
| Ch. 1081, Sec. 3(a).) | ||
| Sec. 7811.052. ELIGIBILITY FOR OFFICE. A director must own | ||
| land in the district subject to taxation at the time the director | ||
| qualifies for office. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(c) | ||
| (part).) | ||
| Sec. 7811.053. DIRECTOR'S BOND. (a) A director shall | ||
| execute a bond in the amount of $5,000 for the faithful performance | ||
| of the director's duties. | ||
| (b) The bond must be filed in the office of the county clerk | ||
| of Dallas County. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(c) | ||
| (part).) | ||
| Sec. 7811.054. BOARD VACANCY. (a) If a director dies, | ||
| resigns, or ceases to possess the qualifications required for | ||
| office, the board shall declare the person's office vacant. | ||
| (b) The constituent municipality that appointed the | ||
| director whose position is vacant shall appoint a successor to fill | ||
| the unexpired term. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(b).) | ||
| Sec. 7811.055. BOARD PRESIDENT; ABSENCE OF BOARD PRESIDENT. | ||
| (a) The board may authorize the board's president to sign all orders | ||
| or take other action. | ||
| (b) Any order adopted or action taken at a board meeting at | ||
| which the board's president is absent may be signed by the board's | ||
| vice president, or the board may authorize the president to sign the | ||
| order or action at a later time. (Acts 68th Leg., R.S., Ch. 1081, | ||
| Secs. 3(f) (part), (g).) | ||
| Sec. 7811.056. SECRETARY'S DUTIES. The board secretary | ||
| shall keep accurate minutes and shall certify any action taken by | ||
| the board. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(h).) | ||
| Sec. 7811.057. TREASURER. (a) The board may appoint a | ||
| district treasurer. | ||
| (b) The district treasurer shall execute a bond in an amount | ||
| determined by the board payable to the district and conditioned on | ||
| the faithful performance of the treasurer's duties. (Acts 68th | ||
| Leg., R.S., Ch. 1081, Sec. 11(d).) | ||
| Sec. 7811.058. COMPENSATION OF DIRECTORS. (a) A director | ||
| is entitled to receive $25 for each day spent performing district | ||
| work, not to exceed $200 per month. | ||
| (b) In all areas of conflict with Subsection (a) of this | ||
| section, Section 49.060, Water Code, takes precedence. | ||
| (c) A director's compensation may be increased as | ||
| authorized by Section 49.060, Water Code, by resolution adopted by | ||
| the board in accordance with Subsection (e) of that section on or | ||
| after September 1, 1995. (Acts 68th Leg., R.S., Ch. 1081, Sec. 3(i) | ||
| (part); New.) | ||
| Sec. 7811.059. VOTE REQUIRED FOR OFFICIAL BOARD ACTION. An | ||
| official action of the board is not valid without the affirmative | ||
| vote of a majority of the directors. (Acts 68th Leg., R.S., Ch. | ||
| 1081, Sec. 3(d) (part).) | ||
| Sec. 7811.060. DESIGNATION OF DIRECTOR TO ACT ON DISTRICT'S | ||
| BEHALF. The board may designate one or more directors to execute on | ||
| behalf of the district all contracts, including a construction | ||
| contract, sign checks, or handle any other matter entered into by | ||
| the board as shown in the district's official minutes. (Acts 68th | ||
| Leg., R.S., Ch. 1081, Sec. 3(e).) | ||
| Sec. 7811.061. DISTRICT OFFICE. (a) The board shall | ||
| establish and maintain a district office inside the district. | ||
| (b) The board may establish a second district office outside | ||
| the district. | ||
| (c) A district office may be a private residence or office | ||
| and that residence or office is a public place for matters relating | ||
| to the district's business. (Acts 68th Leg., R.S., Ch. 1081, Sec. | ||
| 12.) | ||
| Sec. 7811.062. RECORDS. The board shall keep the | ||
| district's records open to public inspection at reasonable times at | ||
| the district's principal office. (Acts 68th Leg., R.S., Ch. 1081, | ||
| Sec. 3(k).) | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 7811.101. GENERAL POWERS AND DUTIES. (a) The district | ||
| may exercise the rights, powers, privileges, and functions provided | ||
| by Section 59, Article XVI, Texas Constitution, Chapters 49 and 57, | ||
| Water Code, and this chapter. | ||
| (b) The district may construct and maintain levees and other | ||
| improvements on, along, and contiguous to rivers, creeks, streams, | ||
| and drainage courses for the purposes of: | ||
| (1) reclaiming land from overflow from that water; | ||
| (2) controlling and distributing the water of rivers | ||
| and streams by straightening and improving the rivers and streams; | ||
| (3) draining and improving the land; and | ||
| (4) preventing the pollution of the water. (Acts 68th | ||
| Leg., R.S., Ch. 1081, Secs. 1(d) (part), (e); New.) | ||
| Sec. 7811.102. EMINENT DOMAIN. (a) The district may | ||
| exercise the power of eminent domain in Dallas County to acquire the | ||
| fee simple title to or an easement or right-of-way to, over, or | ||
| through any land, water, or land under water inside or outside the | ||
| district that has a direct effect on the accomplishment of the | ||
| purposes for which the district is created and is necessary for | ||
| constructing and maintaining all levees and other improvements for | ||
| the improvement of rivers, creeks, streams, or drainage courses in | ||
| the district or bordering the district and to prevent overflows. | ||
| (b) The district may not exercise the power of eminent | ||
| domain under Subsection (a) to acquire land or other property that | ||
| is used for cemetery purposes. | ||
| (c) The district must exercise the power of eminent domain | ||
| in the manner provided by Chapter 21, Property Code. | ||
| (d) The district may not exercise the power of eminent | ||
| domain within the corporate limits of a constituent municipality | ||
| without the prior approval by resolution of the governing body of | ||
| the municipality. | ||
| (e) The district's authority under this section to exercise | ||
| the power of eminent domain expired on September 1, 2013, unless the | ||
| district submitted a letter to the comptroller in accordance with | ||
| Section 2206.101(b), Government Code, not later than December 31, | ||
| 2012. (Acts 68th Leg., R.S., Ch. 1081, Secs. 9(a), (b) (part), (d); | ||
| New.) | ||
| Sec. 7811.103. COST OF RELOCATING OR ALTERING PROPERTY. | ||
| (a) In this section, "sole expense" means the actual cost of | ||
| relocating, raising, lowering, rerouting, changing the grade of, or | ||
| altering the construction of a facility described by Subsection (b) | ||
| to provide comparable replacement without enhancement of the | ||
| facility, after deducting the net salvage value of the old | ||
| facility. | ||
| (b) If the district's exercise of its power of eminent | ||
| domain makes necessary relocating, raising, lowering, rerouting, | ||
| changing the grade of, or altering the construction of a highway, | ||
| railroad, electric transmission or distribution line, telephone or | ||
| telegraph property or facility, or pipeline, the necessary action | ||
| shall be accomplished at the sole expense of the district unless the | ||
| owner of the relocated or altered facility has a legal obligation to | ||
| pay those expenses. (Acts 68th Leg., R.S., Ch. 1081, Sec. 9(c).) | ||
| Sec. 7811.104. CONTRACTS FOR FACILITIES AND IMPROVEMENTS; | ||
| ELECTION NOT REQUIRED. (a) The district may enter into a contract | ||
| with a person for the maintenance or construction of any facility or | ||
| improvement authorized by this chapter. | ||
| (b) The district may enter into a contract under Subsection | ||
| (a) without: | ||
| (1) voting for the issuance of bonds; or | ||
| (2) holding an election to approve the contract. (Acts | ||
| 68th Leg., R.S., Ch. 1081, Sec. 10.) | ||
| Sec. 7811.105. PROHIBITED FUNCTIONS. The district may not: | ||
| (1) engage in any park, water service, wastewater | ||
| service, police, or firefighting function; or | ||
| (2) spend any district money or issue bonds for any | ||
| function described by Subdivision (1). (Acts 68th Leg., R.S., Ch. | ||
| 1081, Sec. 7.) | ||
| Sec. 7811.106. STANDARDS FOR ROAD, STREET, OR UTILITY | ||
| CONSTRUCTION. Any road, street, or utility construction by the | ||
| district begun on or after August 31, 1987, within the corporate | ||
| limits of a constituent municipality must comply with the standards | ||
| for construction adopted by the municipality. (Acts 68th Leg., | ||
| R.S., Ch. 1081, Sec. 15.) | ||
| Sec. 7811.107. APPROVAL OF RECLAMATION PLAN, AMENDMENT, OR | ||
| PROJECT. In addition to any other requirements in this chapter, a | ||
| reclamation plan adopted by the district, an amendment to a | ||
| reclamation plan, or a project of the district that is not included | ||
| in a reclamation plan must be approved by both constituent | ||
| municipalities before the plan, amendment, or project takes effect. | ||
| (Acts 68th Leg., R.S., Ch. 1081, Sec. 1(g).) | ||
| SUBCHAPTER D. TAX ABATEMENT IN REINVESTMENT ZONE | ||
| Sec. 7811.151. DESIGNATION OF REINVESTMENT ZONE. (a) The | ||
| district by resolution may designate as a reinvestment zone an area | ||
| or real or personal property in the taxing jurisdiction of the | ||
| district that the board finds satisfies the requirements of Section | ||
| 7811.152. The board must find that the proposed | ||
| commercial-industrial or residential project or projects meet the | ||
| criteria prescribed by Section 7811.152. | ||
| (b) The resolution must describe the boundaries of the zone | ||
| and the eligibility of the zone for commercial-industrial or | ||
| residential tax abatement. | ||
| (c) The area of a reinvestment zone designated for | ||
| commercial-industrial or residential tax abatement may be included | ||
| in an overlapping or coincidental commercial-industrial or | ||
| residential zone established under Chapter 312, Tax Code. | ||
| (d) The district may not adopt a resolution designating an | ||
| area as a reinvestment zone until the district has held a public | ||
| hearing on the designation and has found that the improvements | ||
| sought are feasible and practical and would be a benefit to the land | ||
| to be included in the zone and to the district after the expiration | ||
| of an agreement entered into under Section 7811.154 or 7811.155. At | ||
| the hearing, interested persons are entitled to speak and present | ||
| evidence for or against the designation. Not later than the seventh | ||
| day before the date of the hearing, notice of the hearing must be: | ||
| (1) published in a newspaper having general | ||
| circulation in the district; and | ||
| (2) delivered in writing to the presiding officer of | ||
| the governing body of each taxing unit that includes in its | ||
| boundaries real property that is to be included in the proposed | ||
| reinvestment zone. | ||
| (e) A notice made under Subsection (d)(2) is presumed | ||
| delivered when placed in the mail postage paid and properly | ||
| addressed to the appropriate presiding officer. A notice properly | ||
| addressed and sent by registered or certified mail for which a | ||
| return receipt is received by the sender is considered to have been | ||
| delivered to the addressee. (Acts 68th Leg., R.S., Ch. 1081, Secs. | ||
| 16A (part), 16C.) | ||
| Sec. 7811.152. CRITERIA FOR REINVESTMENT ZONE. To be | ||
| designated as a reinvestment zone under this subchapter, an area | ||
| must be reasonably likely as a result of the designation to | ||
| contribute to the retention or expansion of primary employment or | ||
| to attract major investment in the zone that would be a benefit to | ||
| the property and that would contribute to the economic development | ||
| of the district. (Acts 68th Leg., R.S., Ch. 1081, Sec. 16D(a).) | ||
| Sec. 7811.153. EXPIRATION OF REINVESTMENT ZONE. The | ||
| designation of a reinvestment zone for commercial-industrial or | ||
| residential tax abatement expires five years after the date of the | ||
| designation and may be renewed for periods not to exceed five years. | ||
| The expiration of the designation does not affect an existing tax | ||
| abatement agreement governed by this subchapter. (Acts 68th Leg., | ||
| R.S., Ch. 1081, Sec. 16D(b).) | ||
| Sec. 7811.154. TAX ABATEMENT AGREEMENT. (a) The district | ||
| may enter into a tax abatement agreement by agreeing, in writing, | ||
| with the owner of taxable real property that is located in a | ||
| reinvestment zone to exempt from taxation a portion of the value of | ||
| the real property or of tangible personal property located on the | ||
| real property, or both, for a period not to exceed 30 years, on the | ||
| condition that the owner of the property make specific improvements | ||
| or repairs to the property. | ||
| (b) The real property covered by the agreement may not be | ||
| located in an improvement project financed by tax increment bonds. | ||
| (c) The agreement is subject to the rights of holders of | ||
| outstanding bonds of the district. | ||
| (d) The agreement may: | ||
| (1) provide for the exemption of the real property in | ||
| each year covered by the agreement only to the extent its value for | ||
| that year exceeds its value for the year in which the agreement is | ||
| executed; | ||
| (2) provide for the exemption of tangible personal | ||
| property located on the real property in each year covered by the | ||
| agreement other than tangible personal property that was located on | ||
| the real property at any time before the period covered by the | ||
| agreement with the district; and | ||
| (3) cover more than one commercial-industrial or | ||
| residential project. (Acts 68th Leg., R.S., Ch. 1081, Secs. 16A | ||
| (part), 16E(a).) | ||
| Sec. 7811.155. TAX ABATEMENT AGREEMENT: CERTIFICATED AIR | ||
| CARRIER. (a) The district may enter into a tax abatement | ||
| agreement by agreeing, in writing, with the owner or lessee of real | ||
| property that is located in a reinvestment zone to exempt from | ||
| taxation for a period not to exceed 30 years a portion of the value | ||
| of the real property or of personal property, or both, located in | ||
| the zone and owned or leased by a certificated air carrier on the | ||
| condition that the certificated air carrier: | ||
| (1) make specific real property improvements; or | ||
| (2) lease, for a term of 30 years or more, real | ||
| property improvements located in the reinvestment zone. | ||
| (b) The agreement may provide for the exemption of the: | ||
| (1) real property in each year covered by the | ||
| agreement to the extent its value for that year exceeds its value | ||
| for the year in which the agreement is executed; and | ||
| (2) personal property owned or leased by a | ||
| certificated air carrier located in the reinvestment zone in each | ||
| year covered by the agreement other than specific personal property | ||
| that was located in the reinvestment zone at any time before the | ||
| period covered by the agreement with the district. (Acts 68th Leg., | ||
| R.S., Ch. 1081, Secs. 16A (part), 16E(d).) | ||
| Sec. 7811.156. TAX ABATEMENT AGREEMENT REQUIREMENTS. (a) | ||
| This section applies to an agreement made under Section 7811.154 or | ||
| 7811.155. | ||
| (b) The agreement must: | ||
| (1) list the kind, number, and location of all | ||
| proposed improvements of the property; and | ||
| (2) provide for: | ||
| (A) the availability of tax abatement for both | ||
| new facilities and structures and for the expansion or | ||
| modernization of existing facilities and structures; and | ||
| (B) recapturing property tax revenue lost as a | ||
| result of the agreement if the owner of the property fails to make | ||
| the improvements or repairs as provided by the agreement. | ||
| (c) A tax abatement agreement is not required to contain | ||
| terms identical to another tax abatement agreement that covers the | ||
| same exempted property or a portion of that property. | ||
| (d) Property that is in a reinvestment zone and that is | ||
| owned or leased by a director is excluded from property tax | ||
| abatement. | ||
| (e) The agreement may include, at the option of the | ||
| district, provisions for maps showing existing uses and conditions | ||
| and proposed improvements and uses of real property in the | ||
| reinvestment zone. | ||
| (f) On approval by the district, the agreement may be | ||
| executed in the same manner as other contracts made by the district. | ||
| (g) The agreement applies only to taxes levied by the | ||
| district and does not affect other taxing units that levy taxes on | ||
| property in the district. (Acts 68th Leg., R.S., Ch. 1081, Secs. 16A | ||
| (part), 16E(b), (c), (e), (f), (g) (part), (h).) | ||
| Sec. 7811.157. NOTICE OF TAX ABATEMENT AGREEMENT TO OTHER | ||
| TAXING UNITS. (a) Not later than the seventh day before the date on | ||
| which the district enters into an agreement under Section 7811.154 | ||
| or 7811.155, the board or a designated officer or employee of the | ||
| district shall deliver a written notice that the district intends | ||
| to enter into the agreement to the Texas Commission on | ||
| Environmental Quality and to the presiding officer of the governing | ||
| body of each other taxing unit in which the property to be subject | ||
| to the agreement is located. The notice must include a copy of the | ||
| proposed agreement. | ||
| (b) A notice is presumed delivered when placed in the mail | ||
| postage paid and properly addressed to the appropriate presiding | ||
| officer. A notice properly addressed and sent by registered or | ||
| certified mail for which a return receipt is received by the sender | ||
| is considered to have been delivered to the addressee. | ||
| (c) Failure to deliver the notice does not affect the | ||
| validity of the agreement. (Acts 68th Leg., R.S., Ch. 1081, Sec. | ||
| 16F.) | ||
| Sec. 7811.158. MODIFICATION OR TERMINATION OF TAX ABATEMENT | ||
| AGREEMENT. (a) At any time before the expiration of an agreement | ||
| governed by this subchapter, the agreement may be modified by the | ||
| parties to the agreement to include other provisions that could | ||
| have been included in the original agreement or to delete | ||
| provisions that were not necessary to the original agreement. The | ||
| modification must be made by the same procedure by which the | ||
| original agreement was approved and executed. The original | ||
| agreement may not be modified to extend beyond 30 years from the | ||
| date of the original agreement. | ||
| (b) An agreement governed by this subchapter may be | ||
| terminated by the mutual consent of the parties in the same manner | ||
| that the agreement was approved and executed. (Acts 68th Leg., | ||
| R.S., Ch. 1081, Sec. 16G.) | ||
| Sec. 7811.159. REGISTRY OF REINVESTMENT ZONES AND TAX | ||
| ABATEMENT AGREEMENTS; ASSISTANCE TO DISTRICT. (a) The Texas | ||
| Economic Development and Tourism Office shall maintain a central | ||
| registry of reinvestment zones governed by this subchapter and of | ||
| ad valorem tax abatement agreements executed under this subchapter. | ||
| Before April 1 of the year following the year in which the zone is | ||
| designated or the agreement is executed, the district shall deliver | ||
| to the office, the comptroller, and the Texas Commission on | ||
| Environmental Quality a report that provides: | ||
| (1) for a reinvestment zone, a general description of | ||
| the zone, including its size, the types of property located in it, | ||
| and its duration; and | ||
| (2) for a tax abatement agreement, the parties to the | ||
| agreement, a general description of the property and the | ||
| improvements or repairs to be made under the agreement, the portion | ||
| of the property to be exempted, and the duration of the agreement. | ||
| (b) On the request of the board or the board's president, | ||
| the office may provide assistance to the district relating to the | ||
| administration of this subchapter, including the designation of | ||
| reinvestment zones and the adoption of tax abatement agreements. | ||
| (Acts 68th Leg., R.S., Ch. 1081, Sec. 16B.) | ||
| Sec. 7811.160. PROPERTIES THAT MAY BE INCLUDED IN TAX | ||
| ABATEMENT AGREEMENT. (a) The district may include in a tax | ||
| abatement agreement: | ||
| (1) facilities and structures for which construction | ||
| began on or after October 1, 1990, but before June 10, 1991; | ||
| (2) existing facilities and structures for which | ||
| expansion or modernization construction began on or after October | ||
| 1, 1990, but before June 10, 1991; and | ||
| (3) tangible personal property located on property | ||
| described by Subdivision (1) or (2) in each year covered by the | ||
| agreement, other than tangible personal property that was located | ||
| on the property at any time before the time period covered by the | ||
| agreement. | ||
| (b) A tax abatement agreement made under this section may be | ||
| based on the value of the property on January 1 of the year in which | ||
| the construction, expansion, or modernization of the property | ||
| began. (Acts 72nd Leg., R.S., Ch. 318, Sec. 2.) | ||
| SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 7811.201. DEPOSITORY. (a) The board shall designate | ||
| one or more banks to serve as the depository for district money. | ||
| (b) District money shall be deposited as received in a | ||
| depository bank, other than money transmitted to a bank for payment | ||
| of bonds issued by the district. | ||
| (c) If district money is deposited in a depository that is | ||
| not insured by the Federal Deposit Insurance Corporation, the money | ||
| must be secured in the manner provided by law for the security of | ||
| county funds. (Acts 68th Leg., R.S., Ch. 1081, Secs. 11(a), (b), | ||
| (c).) | ||
| Sec. 7811.202. AUTHORITY TO ISSUE BONDS AND INCUR | ||
| INDEBTEDNESS. (a) The district may issue bonds and incur other | ||
| indebtedness in the manner provided by Section 7803.113 and | ||
| Subchapter E, Chapter 7803. | ||
| (b) The district shall file with both constituent | ||
| municipalities a notice of intent to issue bonds or other | ||
| indebtedness not later than the 20th day before the date of | ||
| issuance. The notice must state the purpose for which the bonds or | ||
| other indebtedness are issued and the approximate principal amount | ||
| of the bonds or indebtedness. | ||
| (c) Before the district issues bonds or other indebtedness | ||
| in an amount of more than $500,000, the district must obtain the | ||
| approval by resolution of the governing bodies of both constituent | ||
| municipalities. | ||
| (d) Bonds or other indebtedness may not be sold at discount | ||
| from the principal amount without the prior approval of both | ||
| constituent municipalities. (Acts 68th Leg., R.S., Ch. 1081, Secs. | ||
| 4(c), (d), (e).) | ||
| Sec. 7811.203. CONSTITUENT MUNICIPALITIES NOT OBLIGATED TO | ||
| PAY DISTRICT OBLIGATIONS. This chapter does not authorize the | ||
| lending or pledge of the credit of either constituent municipality | ||
| to the bonds and other indebtedness of the district. The | ||
| constituent municipalities are not obligated to pay any bonds, | ||
| indebtedness, or other debt of the district. (Acts 68th Leg., R.S., | ||
| Ch. 1081, Sec. 4(f).) | ||
| Sec. 7811.204. BOND ANTICIPATION NOTES. (a) In addition to | ||
| all other methods of acquiring money for district purposes, the | ||
| district may issue bond anticipation notes for any purpose for | ||
| which district bonds have been voted or may be issued to refund | ||
| outstanding bond anticipation notes and the interest on the notes | ||
| being refunded. | ||
| (b) The notes may bear interest at any rate not to exceed the | ||
| maximum interest rate applicable to the district's authorized | ||
| bonds. | ||
| (c) The maximum amount of the notes outstanding at any one | ||
| time may not exceed $500,000 without the prior consent of both | ||
| constituent municipalities. | ||
| (d) The district shall pay the notes only from the proceeds | ||
| of the sale of bonds by the district. (Acts 68th Leg., R.S., Ch. | ||
| 1081, Secs. 6(a), (b) (part), (c), (d).) | ||
| Sec. 7811.205. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES. | ||
| The district may impose a maintenance tax that has been previously | ||
| authorized at an election held in the district. (Acts 68th Leg., | ||
| R.S., Ch. 1081, Sec. 4(b) (part).) | ||
| SECTION 1.04. Subtitle H, Title 6, Special District Local | ||
| Laws Code, is amended by adding Chapters 8877, 8879, 8880, 8881, | ||
| 8882, 8883, 8884, 8885, 8886, 8887, and 8888 to read as follows: | ||
| CHAPTER 8877. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8877.001. DEFINITIONS | ||
| Sec. 8877.002. NATURE OF DISTRICT | ||
| Sec. 8877.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
| Sec. 8877.004. DISTRICT TERRITORY | ||
| Sec. 8877.005. CONFLICTS OF LAW | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8877.051. COMPOSITION OF BOARD; TERMS | ||
| Sec. 8877.052. ELECTION OF DIRECTORS | ||
| Sec. 8877.053. ELECTION DATE | ||
| Sec. 8877.054. QUALIFICATIONS FOR OFFICE | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8877.101. GENERAL POWERS AND DUTIES | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8877.151. MAINTENANCE AND OPERATION TAX | ||
| CHAPTER 8877. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8877.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Director" means a board member. | ||
| (3) "District" means the Clearwater Underground Water | ||
| Conservation District. (Acts 71st Leg., R.S., Ch. 524, Secs. 1(a) | ||
| (part), 2; New.) | ||
| Sec. 8877.002. NATURE OF DISTRICT. The district is a | ||
| groundwater conservation district in Bell County created under and | ||
| essential to accomplish the purposes of Section 59, Article XVI, | ||
| Texas Constitution. (Acts 71st Leg., R.S., Ch. 524, Secs. 1(a) | ||
| (part), (b), 3 (part).) | ||
| Sec. 8877.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
| district is created to serve a public use and benefit. | ||
| (b) All land and other property included in the district | ||
| will benefit from the works and projects accomplished by the | ||
| district under the powers conferred by Section 59, Article XVI, | ||
| Texas Constitution. (Acts 71st Leg., R.S., Ch. 524, Sec. 5.) | ||
| Sec. 8877.004. DISTRICT TERRITORY. The district includes | ||
| the territory located in Bell County unless the district's | ||
| territory has been modified under: | ||
| (1) Subchapter J or K, Chapter 36, Water Code; or | ||
| (2) other law. (Acts 71st Leg., R.S., Ch. 524, Sec. 3; | ||
| New.) | ||
| Sec. 8877.005. CONFLICTS OF LAW. This chapter prevails | ||
| over any provision of general law that is in conflict or | ||
| inconsistent with this chapter. (Acts 71st Leg., R.S., Ch. 524, | ||
| Sec. 6(a) (part).) | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8877.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
| district is governed by a board of five elected directors. | ||
| (b) Except as provided by Section 8877.052(d), directors | ||
| serve staggered four-year terms. (Acts 71st Leg., R.S., Ch. 524, | ||
| Secs. 7(a), (d), 10(e) (part).) | ||
| Sec. 8877.052. ELECTION OF DIRECTORS. (a) Directors are | ||
| elected according to the commissioners precinct method as provided | ||
| by this section. | ||
| (b) One director is elected by the voters of the entire | ||
| district. One director is elected from each county commissioners | ||
| precinct by the voters of that precinct. | ||
| (c) A person shall indicate on the application for a place | ||
| on the ballot: | ||
| (1) the precinct that the person seeks to represent; | ||
| or | ||
| (2) that the person seeks to represent the district at | ||
| large. | ||
| (d) At the first election after the county commissioners | ||
| precincts are redrawn under Section 18, Article V, Texas | ||
| Constitution, four new directors shall be elected to represent the | ||
| newly redrawn precincts. The directors from precincts one and three | ||
| shall be elected for two-year terms. The directors from precincts | ||
| two and four shall be elected for four-year terms. When the | ||
| directors elected from the new precincts take office, the terms of | ||
| the directors elected from the previous precincts expire. (Acts | ||
| 71st Leg., R.S., Ch. 524, Secs. 10(a), (b), (d), (f).) | ||
| Sec. 8877.053. ELECTION DATE. The district shall hold an | ||
| election to elect the appropriate number of directors on the | ||
| uniform election date in November of each even-numbered year. | ||
| (Acts 71st Leg., R.S., Ch. 524, Sec. 10(e) (part).) | ||
| Sec. 8877.054. QUALIFICATIONS FOR OFFICE. (a) To be | ||
| qualified to be a candidate for or to serve as director at large, a | ||
| person must be a registered voter in the district. | ||
| (b) To be a candidate for or to serve as director from a | ||
| county commissioners precinct, a person must be a registered voter | ||
| of that precinct. (Acts 71st Leg., R.S., Ch. 524, Sec. 10(c).) | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8877.101. GENERAL POWERS AND DUTIES. The district has | ||
| all of the rights, powers, privileges, functions, and duties | ||
| provided by the general law of this state, including Chapter 36, | ||
| Water Code, applicable to groundwater conservation districts | ||
| created under Section 59, Article XVI, Texas Constitution. (Acts | ||
| 71st Leg., R.S., Ch. 524, Sec. 6(a) (part).) | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8877.151. MAINTENANCE AND OPERATION TAX. (a) Except | ||
| as provided by Subsection (b), the district may impose an ad valorem | ||
| tax at a rate not to exceed five cents on each $100 of valuation of | ||
| property in the district to pay for the maintenance and operation of | ||
| the district on approval of a majority of the voters of the district | ||
| at an election held for that purpose. | ||
| (b) The board may increase the maximum amount of ad valorem | ||
| taxes that may be imposed in the district: | ||
| (1) if the board determines that the maximum tax | ||
| authorized by Subsection (a) is not sufficient to pay the | ||
| maintenance and operating expenses of the district; and | ||
| (2) on approval of a majority of the voters of the | ||
| district voting at an election held for that purpose. | ||
| (c) The maximum amount of taxes that may be authorized under | ||
| this section may not exceed 25 cents on each $100 of valuation of | ||
| property in the district. (Acts 71st Leg., R.S., Ch. 524, Secs. | ||
| 11(a), (b).) | ||
| CHAPTER 8879. CROCKETT COUNTY GROUNDWATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8879.001. DEFINITIONS | ||
| Sec. 8879.002. NATURE OF DISTRICT | ||
| Sec. 8879.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
| Sec. 8879.004. DISTRICT TERRITORY | ||
| Sec. 8879.005. LOCATION OF DISTRICT ELECTIONS | ||
| Sec. 8879.006. CONFLICTS OF LAW | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8879.051. COMPOSITION OF BOARD; TERMS | ||
| Sec. 8879.052. ELECTION DATE | ||
| Sec. 8879.053. DISQUALIFICATION OF DIRECTORS | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8879.101. GENERAL POWERS AND DUTIES | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8879.151. LIMITATION ON AD VALOREM TAX RATE | ||
| Sec. 8879.152. ELECTION TO INCREASE AD VALOREM TAX | ||
| RATE | ||
| CHAPTER 8879. CROCKETT COUNTY GROUNDWATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8879.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Director" means a board member. | ||
| (3) "District" means the Crockett County Groundwater | ||
| Conservation District. (Acts 71st Leg., R.S., Ch. 712, Sec. 2; | ||
| New.) | ||
| Sec. 8879.002. NATURE OF DISTRICT. The district is a | ||
| groundwater conservation district in Crockett County created under | ||
| and essential to accomplish the purposes of Section 59, Article | ||
| XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 712, Secs. 1(a) | ||
| (part), (b).) | ||
| Sec. 8879.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
| district is created to serve a public use and benefit. | ||
| (b) All land and other property included in the district | ||
| will benefit from the works and projects accomplished by the | ||
| district under the powers conferred by Section 59, Article XVI, | ||
| Texas Constitution. (Acts 71st Leg., R.S., Ch. 712, Sec. 5.) | ||
| Sec. 8879.004. DISTRICT TERRITORY. (a) The district is | ||
| composed of the territory in Crockett County other than the tract of | ||
| land described by metes and bounds in Section 3, Chapter 712, Acts | ||
| of the 71st Legislature, Regular Session, 1989, as that territory | ||
| may have been modified under: | ||
| (1) Subchapter J or K, Chapter 36, Water Code; or | ||
| (2) other law. | ||
| (b) The boundaries and field notes of the district form a | ||
| closure. A mistake in the field notes or in copying the field notes | ||
| in the legislative process does not affect: | ||
| (1) the district's organization, existence, or | ||
| validity; | ||
| (2) the district's right to impose taxes; or | ||
| (3) the legality or operation of the district or its | ||
| governing body. (Acts 71st Leg., R.S., Ch. 712, Secs. 3 (part), 4; | ||
| New.) | ||
| Sec. 8879.005. LOCATION OF DISTRICT ELECTIONS. A district | ||
| election may be held at any location in Crockett County. (Acts 71st | ||
| Leg., R.S., Ch. 712, Sec. 10B.) | ||
| Sec. 8879.006. CONFLICTS OF LAW. This chapter prevails | ||
| over any provision of general law that is in conflict or | ||
| inconsistent with this chapter. (Acts 71st Leg., R.S., Ch. 712, | ||
| Sec. 6(a) (part).) | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8879.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
| district is governed by a board of five elected directors. | ||
| (b) Directors serve staggered four-year terms, with the | ||
| terms of two or three directors expiring December 1 of each | ||
| even-numbered year. (Acts 71st Leg., R.S., Ch. 712, Secs. 7(a), | ||
| (d), 10A (part).) | ||
| Sec. 8879.052. ELECTION DATE. The district shall hold an | ||
| election to elect the appropriate number of directors on the | ||
| uniform election date in November of each even-numbered year. | ||
| (Acts 71st Leg., R.S., Ch. 712, Sec. 10A.) | ||
| Sec. 8879.053. DISQUALIFICATION OF DIRECTORS. | ||
| Notwithstanding Sections 49.001 and 49.002(b), Water Code, Section | ||
| 49.052, Water Code, applies to a director. (Acts 71st Leg., R.S., | ||
| Ch. 712, Sec. 7(a-1).) | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8879.101. GENERAL POWERS AND DUTIES. The district has | ||
| the rights, powers, privileges, functions, and duties provided by | ||
| the general law of this state, including Chapter 36 and Subchapters | ||
| H and I, Chapter 49, Water Code, applicable to groundwater | ||
| conservation districts created under Section 59, Article XVI, Texas | ||
| Constitution. (Acts 71st Leg., R.S., Ch. 712, Sec. 6(a) (part).) | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8879.151. LIMITATION ON AD VALOREM TAX RATE. Except as | ||
| provided by Section 8879.152, the rate of an ad valorem tax imposed | ||
| by the district under Chapter 36, Water Code, may not exceed five | ||
| cents on each $100 of assessed valuation. (Acts 71st Leg., R.S., | ||
| Ch. 712, Sec. 11(a); New.) | ||
| Sec. 8879.152. ELECTION TO INCREASE AD VALOREM TAX RATE. | ||
| (a) If at a regular meeting of the board, the board determines that | ||
| the district ad valorem tax is no longer sufficient, the board may | ||
| hold an election to approve an increase in the district's tax rate | ||
| not to exceed an additional five cents on each $100 of assessed | ||
| valuation above the rate specified by Section 8879.151. | ||
| (b) If a majority of the voters favor the increase in the | ||
| district's tax rate, the district may impose an ad valorem tax at | ||
| the increased rate. (Acts 71st Leg., R.S., Ch. 712, Sec. 11(b).) | ||
| CHAPTER 8880. GONZALES COUNTY UNDERGROUND WATER CONSERVATION | ||
| DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8880.001. DEFINITIONS | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8880.051. SINGLE-MEMBER DIRECTOR PRECINCTS | ||
| CHAPTER 8880. GONZALES COUNTY UNDERGROUND WATER CONSERVATION | ||
| DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8880.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Director" means a board member. | ||
| (3) "District" means the Gonzales County Underground | ||
| Water Conservation District. (Acts 74th Leg., R.S., Ch. 368, Sec. | ||
| 1; New.) | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8880.051. SINGLE-MEMBER DIRECTOR PRECINCTS. (a) The | ||
| board may divide the district into five single-member director | ||
| precincts of substantially equal population for the purpose of | ||
| electing directors. | ||
| (b) Notwithstanding Section 36.059(b), Water Code, the | ||
| board may divide territory contained in a municipal corporation in | ||
| the district into as many precincts as necessary to obtain | ||
| precincts of substantially equal population. (Acts 74th Leg., | ||
| R.S., Ch. 368, Sec. 2.) | ||
| CHAPTER 8881. MESA UNDERGROUND WATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8881.001. DEFINITIONS | ||
| Sec. 8881.002. NATURE OF DISTRICT | ||
| Sec. 8881.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
| Sec. 8881.004. DISTRICT TERRITORY | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8881.051. COMPOSITION OF BOARD; TERMS | ||
| Sec. 8881.052. ELECTION OF DIRECTORS | ||
| Sec. 8881.053. ELECTION DATE | ||
| Sec. 8881.054. QUALIFICATIONS FOR OFFICE | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8881.101. GENERAL POWERS AND DUTIES | ||
| Sec. 8881.102. CONTRACT AUTHORITY OF DISTRICT | ||
| Sec. 8881.103. ANNEXATION OF TERRITORY | ||
| CHAPTER 8881. MESA UNDERGROUND WATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8881.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Director" means a board member. | ||
| (3) "District" means the Mesa Underground Water | ||
| Conservation District. (Acts 71st Leg., R.S., Ch. 669, Secs. 1(a) | ||
| (part), 2; New.) | ||
| Sec. 8881.002. NATURE OF DISTRICT. The district is a | ||
| groundwater conservation district in Dawson County created under | ||
| and essential to accomplish the purposes of Section 59, Article | ||
| XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 669, Secs. 1(a) | ||
| (part), (b).) | ||
| Sec. 8881.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
| district is created to serve a public use and benefit. | ||
| (b) All land and other property included in the district | ||
| will benefit from the works and projects accomplished by the | ||
| district under the powers conferred by Section 59, Article XVI, | ||
| Texas Constitution. (Acts 71st Leg., R.S., Ch. 669, Sec. 5.) | ||
| Sec. 8881.004. DISTRICT TERRITORY. The district includes | ||
| the territory located in Dawson County, unless the district's | ||
| territory has been modified under: | ||
| (1) Section 8881.103 of this chapter or its | ||
| predecessor statute, former Section 11(c), Chapter 669, Acts of the | ||
| 71st Legislature, Regular Session, 1989; or | ||
| (2) other law. (Acts 71st Leg., R.S., Ch. 669, Sec. 3; | ||
| New.) | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8881.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
| district is governed by a board of five elected directors. | ||
| (b) Directors serve staggered four-year terms. (Acts 71st | ||
| Leg., R.S., Ch. 669, Secs. 7(a) (part), (b) (part), (e).) | ||
| Sec. 8881.052. ELECTION OF DIRECTORS. One director is | ||
| elected from each county commissioners precinct in Dawson County | ||
| and one director is elected from the district at large. (Acts 71st | ||
| Leg., R.S., Ch. 669, Sec. 7(b) (part).) | ||
| Sec. 8881.053. ELECTION DATE. The district shall hold an | ||
| election to elect the appropriate number of directors on the | ||
| uniform election date in May of each even-numbered year or another | ||
| date authorized by law. (Acts 71st Leg., R.S., Ch. 669, Sec. 10; | ||
| New.) | ||
| Sec. 8881.054. QUALIFICATIONS FOR OFFICE. (a) A director | ||
| must be 18 years of age or older. | ||
| (b) To represent a county commissioners precinct, the | ||
| director must be a resident of that precinct. (Acts 71st Leg., R.S., | ||
| Ch. 669, Secs. 7(a) (part), (b) (part).) | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8881.101. GENERAL POWERS AND DUTIES. The district has | ||
| all of the rights, powers, privileges, functions, and duties | ||
| provided by the general law of this state, including Chapter 36, | ||
| Water Code, applicable to groundwater conservation districts | ||
| created under Section 59, Article XVI, Texas Constitution. (Acts | ||
| 71st Leg., R.S., Ch. 669, Sec. 6(a) (part).) | ||
| Sec. 8881.102. CONTRACT AUTHORITY OF DISTRICT. (a) The | ||
| district may contract for, sell, and distribute water from a water | ||
| import authority or other agency. | ||
| (b) The district may contract with other districts that have | ||
| powers similar to those of the district to achieve common goals. | ||
| (Acts 71st Leg., R.S., Ch. 669, Secs. 11(a), (b).) | ||
| Sec. 8881.103. ANNEXATION OF TERRITORY. (a) Territory may | ||
| be added to the district under: | ||
| (1) Subchapter J, Chapter 49, Water Code; or | ||
| (2) Subchapter O, Chapter 51, Water Code. | ||
| (b) If the district annexes territory, the board shall | ||
| determine the precincts to which annexed territory is added for the | ||
| purpose of electing directors. (Acts 71st Leg., R.S., Ch. 669, Sec. | ||
| 11(c); New.) | ||
| CHAPTER 8882. SANDY LAND UNDERGROUND WATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8882.001. DEFINITIONS | ||
| Sec. 8882.002. NATURE OF DISTRICT | ||
| Sec. 8882.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
| Sec. 8882.004. DISTRICT TERRITORY | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8882.051. COMPOSITION OF BOARD; TERMS | ||
| Sec. 8882.052. ELECTION DATE | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8882.101. GENERAL POWERS AND DUTIES | ||
| CHAPTER 8882. SANDY LAND UNDERGROUND WATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8882.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Director" means a board member. | ||
| (3) "District" means the Sandy Land Underground Water | ||
| Conservation District. (Acts 71st Leg., R.S., Ch. 673, Secs. 1(a) | ||
| (part), 2; New.) | ||
| Sec. 8882.002. NATURE OF DISTRICT. The district is a | ||
| groundwater conservation district in Yoakum County created under | ||
| and essential to accomplish the purposes of Section 59, Article | ||
| XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 673, Secs. 1(a) | ||
| (part), (b).) | ||
| Sec. 8882.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
| district is created to serve a public use and benefit. | ||
| (b) All land and other property included in the district | ||
| will benefit from the works and projects accomplished by the | ||
| district under the powers conferred by Section 59, Article XVI, | ||
| Texas Constitution. (Acts 71st Leg., R.S., Ch. 673, Sec. 5.) | ||
| Sec. 8882.004. DISTRICT TERRITORY. The district includes | ||
| the territory located in Yoakum County unless the district's | ||
| territory has been modified under: | ||
| (1) Subchapter J or K, Chapter 36, Water Code; or | ||
| (2) other law. (Acts 71st Leg., R.S., Ch. 673, Sec. 3; | ||
| New.) | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8882.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
| district is governed by a board of five directors. | ||
| (b) Directors serve staggered four-year terms. (Acts 71st | ||
| Leg., R.S., Ch. 673, Secs. 7(a), (d).) | ||
| Sec. 8882.052. ELECTION DATE. The district shall hold an | ||
| election to elect the appropriate number of directors on the | ||
| uniform election date in May of every other year or another date | ||
| authorized by law. (Acts 71st Leg., R.S., Ch. 673, Sec. 10; New.) | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8882.101. GENERAL POWERS AND DUTIES. The district has | ||
| the rights, powers, privileges, functions, and duties provided by | ||
| the general law of this state, including Chapters 36 and 50, Water | ||
| Code, applicable to groundwater conservation districts created | ||
| under Section 59, Article XVI, Texas Constitution. (Acts 71st | ||
| Leg., R.S., Ch. 673, Sec. 6(a) (part).) | ||
| CHAPTER 8883. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8883.001. DEFINITIONS | ||
| Sec. 8883.002. NATURE OF DISTRICT | ||
| Sec. 8883.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
| Sec. 8883.004. DISTRICT TERRITORY | ||
| Sec. 8883.005. OWNERSHIP OF GROUNDWATER AND SURFACE | ||
| WATER RIGHTS | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8883.051. COMPOSITION OF BOARD; TERMS | ||
| Sec. 8883.052. ELIGIBILITY AND ELECTION OF DIRECTORS | ||
| Sec. 8883.053. ELECTION DATE | ||
| Sec. 8883.054. COMPENSATION; EXPENSES | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8883.101. GENERAL POWERS AND DUTIES | ||
| Sec. 8883.102. PAYMENT OF CERTAIN EXPENSES | ||
| Sec. 8883.103. APPEARANCE BEFORE RAILROAD COMMISSION | ||
| Sec. 8883.104. PROHIBITION: SUPPLY OF WATER | ||
| CHAPTER 8883. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8883.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Director" means a board member. | ||
| (3) "District" means the Santa Rita Underground Water | ||
| Conservation District. (Acts 71st Leg., R.S., Ch. 653, Secs. 1(a) | ||
| (part), 2; New.) | ||
| Sec. 8883.002. NATURE OF DISTRICT. The district is a | ||
| groundwater conservation district in Reagan County created under | ||
| and essential to accomplish the purposes of Section 59, Article | ||
| XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 653, Secs. 1(a) | ||
| (part), (b).) | ||
| Sec. 8883.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
| district is created to serve a public use and benefit. | ||
| (b) All land and other property included in the district | ||
| will benefit from the works and projects accomplished by the | ||
| district under the powers conferred by Section 59, Article XVI, | ||
| Texas Constitution. (Acts 71st Leg., R.S., Ch. 653, Sec. 5.) | ||
| Sec. 8883.004. DISTRICT TERRITORY. (a) Except as provided | ||
| by Subsection (b), the district includes the territory in Reagan | ||
| County unless the district's territory has been modified under: | ||
| (1) Subchapter J or K, Chapter 36, Water Code; or | ||
| (2) other law. | ||
| (b) The district does not include any territory that was | ||
| annexed into the Glasscock County Underground Water Conservation | ||
| District under the then applicable annexation provisions of Chapter | ||
| 51, Water Code, before June 14, 1989. (Acts 71st Leg., R.S., Ch. | ||
| 653, Secs. 3, 14(a); New.) | ||
| Sec. 8883.005. OWNERSHIP OF GROUNDWATER AND SURFACE WATER | ||
| RIGHTS. The ownership and rights of the owner of land, the owner's | ||
| lessees, and assigns in groundwater and any surface water rights | ||
| are recognized, and this chapter does not deprive or divest the | ||
| owner, the owner's lessees, or assigns of those ownership rights. | ||
| (Acts 71st Leg., R.S., Ch. 653, Sec. 11(c).) | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8883.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
| district is governed by a board of five directors. | ||
| (b) Directors serve staggered four-year terms. (Acts 71st | ||
| Leg., R.S., Ch. 653, Secs. 7(a) (part), (c).) | ||
| Sec. 8883.052. ELIGIBILITY AND ELECTION OF DIRECTORS. (a) | ||
| A director must be: | ||
| (1) 18 years of age or older; and | ||
| (2) a resident of the district. | ||
| (b) One director is elected from each county commissioner | ||
| precinct. One director is elected at large. | ||
| (c) Section 141.001(a)(5), Election Code, and Section | ||
| 36.059(b), Water Code, do not apply to the district. (Acts 71st | ||
| Leg., R.S., Ch. 653, Secs. 7(a) (part), (f), 10(a).) | ||
| Sec. 8883.053. ELECTION DATE. The district shall hold an | ||
| election to elect the appropriate number of directors on the | ||
| uniform election date in May of each odd-numbered year or another | ||
| date authorized by law. (Acts 71st Leg., R.S., Ch. 653, Sec. 10(b); | ||
| New.) | ||
| Sec. 8883.054. COMPENSATION; EXPENSES. (a) Unless the | ||
| board by resolution increases the fees of office to an amount | ||
| authorized by Section 36.060(a), Water Code, each director is | ||
| entitled to receive for the director's services $25 a month in | ||
| compensation. | ||
| (b) Each director may be reimbursed for actual expenses | ||
| incurred in the performance of official duties. | ||
| (c) The expenses described by Subsection (b) must be: | ||
| (1) reported in the district's records; and | ||
| (2) approved by the board. (Acts 71st Leg., R.S., Ch. | ||
| 653, Sec. 11(a); New.) | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8883.101. GENERAL POWERS AND DUTIES. The district has | ||
| the rights, powers, privileges, functions, and duties provided by | ||
| the general law of this state, including Chapter 36, Water Code, | ||
| applicable to groundwater conservation districts created under | ||
| Section 59, Article XVI, Texas Constitution. (Acts 71st Leg., | ||
| R.S., Ch. 653, Sec. 6(a) (part).) | ||
| Sec. 8883.102. PAYMENT OF CERTAIN EXPENSES. (a) The board | ||
| may pay: | ||
| (1) all costs and expenses necessarily incurred in the | ||
| creation and organization of the district; | ||
| (2) legal fees; and | ||
| (3) other incidental expenses. | ||
| (b) The board may reimburse a person for money advanced for | ||
| a purpose described by Subsection (a). (Acts 71st Leg., R.S., Ch. | ||
| 653, Sec. 11(d).) | ||
| Sec. 8883.103. APPEARANCE BEFORE RAILROAD COMMISSION. The | ||
| district, through the directors or the district's general manager, | ||
| may appear before the Railroad Commission of Texas and present | ||
| evidence and information relating to a pending permit application | ||
| for an injection well to be located in the district. (Acts 71st | ||
| Leg., R.S., Ch. 653, Sec. 11(b).) | ||
| Sec. 8883.104. PROHIBITION: SUPPLY OF WATER. The district | ||
| may not contract to or take an action to supply groundwater inside | ||
| or outside the district. (Acts 71st Leg., R.S., Ch. 653, Sec. | ||
| 11(e).) | ||
| CHAPTER 8884. SARATOGA UNDERGROUND WATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8884.001. DEFINITIONS | ||
| Sec. 8884.002. NATURE OF DISTRICT | ||
| Sec. 8884.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
| Sec. 8884.004. DISTRICT TERRITORY | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8884.051. COMPOSITION OF BOARD; TERMS | ||
| Sec. 8884.052. ELECTION OF DIRECTORS | ||
| Sec. 8884.053. ELECTION DATE | ||
| Sec. 8884.054. QUALIFICATIONS FOR OFFICE | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8884.101. GENERAL POWERS AND DUTIES | ||
| CHAPTER 8884. SARATOGA UNDERGROUND WATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8884.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Director" means a board member. | ||
| (3) "District" means the Saratoga Underground Water | ||
| Conservation District. (Acts 71st Leg., R.S., Ch. 519, Secs. 1(a) | ||
| (part), 2; New.) | ||
| Sec. 8884.002. NATURE OF DISTRICT. The district is a | ||
| groundwater conservation district in Lampasas County created under | ||
| and essential to accomplish the purposes of Section 59, Article | ||
| XVI, Texas Constitution. (Acts 71st Leg., R.S., Ch. 519, Secs. 1(a) | ||
| (part), (b).) | ||
| Sec. 8884.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
| district is created to serve a public use and benefit. | ||
| (b) All land and other property included in the district | ||
| will benefit from the works and projects accomplished by the | ||
| district under the powers conferred by Section 59, Article XVI, | ||
| Texas Constitution. (Acts 71st Leg., R.S., Ch. 519, Sec. 5.) | ||
| Sec. 8884.004. DISTRICT TERRITORY. The district includes | ||
| the territory located in Lampasas County, unless the district's | ||
| territory has been modified under: | ||
| (1) Subchapter J or K, Chapter 36, Water Code; or | ||
| (2) other law. (Acts 71st Leg., R.S., Ch. 519, Sec. 3; | ||
| New.) | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8884.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
| district is governed by a board of five elected directors. | ||
| (b) Directors serve staggered four-year terms. (Acts 71st | ||
| Leg., R.S., Ch. 519, Secs. 7(a) (part), (b).) | ||
| Sec. 8884.052. ELECTION OF DIRECTORS. (a) Directors are | ||
| elected according to the commissioners precinct method as provided | ||
| by this section. | ||
| (b) One director is elected by the voters of the entire | ||
| district. One director is elected from each county commissioners | ||
| precinct by the voters of that precinct. | ||
| (c) A person shall indicate on the application for a place | ||
| on the ballot: | ||
| (1) the precinct that the person seeks to represent; | ||
| or | ||
| (2) that the person seeks to represent the district at | ||
| large. | ||
| (d) When the boundaries of the county commissioners | ||
| precincts are redrawn under Section 18, Article V, Texas | ||
| Constitution, a director in office on the effective date of the | ||
| change, or elected or appointed before the effective date of the | ||
| change to a term of office beginning on or after the effective date | ||
| of the change, shall serve the term or the remainder of the term | ||
| representing the precinct from which the person was elected or | ||
| appointed even though the change in boundaries places the person's | ||
| residence outside that precinct. (Acts 71st Leg., R.S., Ch. 519, | ||
| Secs. 7(a) (part), (d), (f), (g).) | ||
| Sec. 8884.053. ELECTION DATE. The district shall hold an | ||
| election to elect the appropriate number of directors on the | ||
| uniform election date in November of each even-numbered year. (Acts | ||
| 71st Leg., R.S., Ch. 519, Sec. 7(c).) | ||
| Sec. 8884.054. QUALIFICATIONS FOR OFFICE. (a) Except as | ||
| provided by Section 8884.052(d), to be eligible to be a candidate | ||
| for or to serve as director at large, a person must be a registered | ||
| voter of the district. | ||
| (b) To be a candidate for or to serve as director from a | ||
| county commissioners precinct, a person must be a registered voter | ||
| of that precinct. (Acts 71st Leg., R.S., Ch. 519, Sec. 7(e).) | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8884.101. GENERAL POWERS AND DUTIES. The district has | ||
| the rights, powers, privileges, functions, and duties provided by | ||
| the general law of this state, including Chapters 36 and 50, Water | ||
| Code, applicable to groundwater conservation districts created | ||
| under Section 59, Article XVI, Texas Constitution. (Acts 71st Leg., | ||
| R.S., Ch. 519, Sec. 6(a) (part).) | ||
| CHAPTER 8885. SOUTH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8885.001. DEFINITIONS | ||
| Sec. 8885.002. NATURE OF DISTRICT | ||
| Sec. 8885.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
| Sec. 8885.004. DISTRICT TERRITORY | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8885.051. COMPOSITION OF BOARD; TERMS | ||
| Sec. 8885.052. ELECTION OF DIRECTORS | ||
| Sec. 8885.053. ELECTION DATE | ||
| Sec. 8885.054. QUALIFICATIONS FOR OFFICE | ||
| Sec. 8885.055. BOARD VACANCY | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8885.101. GENERAL POWERS AND DUTIES | ||
| CHAPTER 8885. SOUTH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8885.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Director" means a board member. | ||
| (3) "District" means the South Plains Underground | ||
| Water Conservation District. (Acts 72nd Leg., R.S., Ch. 46, | ||
| Secs. 1(a) (part), 2; New.) | ||
| Sec. 8885.002. NATURE OF DISTRICT. The district is a | ||
| groundwater conservation district in Terry County created under and | ||
| essential to accomplish the purposes of Section 59, Article XVI, | ||
| Texas Constitution. (Acts 72nd Leg., R.S., Ch. 46, Secs. 1(a) | ||
| (part), (b).) | ||
| Sec. 8885.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
| district is created to serve a public use and benefit. | ||
| (b) All land and other property included in the district | ||
| will benefit from the works and projects accomplished by the | ||
| district under the powers conferred by Section 59, Article XVI, | ||
| Texas Constitution. (Acts 72nd Leg., R.S., Ch. 46, Sec. 4.) | ||
| Sec. 8885.004. DISTRICT TERRITORY. The district's | ||
| boundaries are coextensive with the boundaries of Terry County, | ||
| unless the district's territory has been modified under: | ||
| (1) Subchapter J or K, Chapter 36, Water Code; or | ||
| (2) other law. (Acts 72nd Leg., R.S., Ch. 46, Sec. 3; | ||
| New.) | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8885.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
| district is governed by a board of five directors. | ||
| (b) Directors serve staggered four-year terms. (Acts 72nd | ||
| Leg., R.S., Ch. 46, Secs. 7(a), 8(c).) | ||
| Sec. 8885.052. ELECTION OF DIRECTORS. (a) Directors are | ||
| elected according to the commissioners precinct method as provided | ||
| by this section. | ||
| (b) One director is elected by the voters of the entire | ||
| district. One director is elected from each county commissioners | ||
| precinct by the voters of that precinct. | ||
| (c) A person shall indicate on the application for a place | ||
| on the ballot: | ||
| (1) the precinct that the person seeks to represent; | ||
| or | ||
| (2) that the person seeks to represent the district at | ||
| large. | ||
| (d) At the first election after the county commissioners | ||
| precincts are redrawn under Section 18, Article V, Texas | ||
| Constitution, four new directors shall be elected to represent the | ||
| precincts. The directors shall draw lots to determine their terms. | ||
| (Acts 72nd Leg., R.S., Ch. 46, Sec. 6.) | ||
| Sec. 8885.053. ELECTION DATE. The district shall hold an | ||
| election to elect the appropriate number of directors on the | ||
| uniform election date in May of each even-numbered year or another | ||
| date authorized by law. (Acts 72nd Leg., R.S., Ch. 46, Sec. 11; | ||
| New.) | ||
| Sec. 8885.054. QUALIFICATIONS FOR OFFICE. To be eligible | ||
| to serve as director, a person must be a registered voter in: | ||
| (1) the precinct from which the person is elected or | ||
| appointed if representing a precinct; or | ||
| (2) the district if representing the district at | ||
| large. (Acts 72nd Leg., R.S., Ch. 46, Sec. 7(c).) | ||
| Sec. 8885.055. BOARD VACANCY. (a) The board shall appoint a | ||
| replacement to fill a vacancy in the office of any director. | ||
| (b) The appointed replacement serves until the next | ||
| directors' election. | ||
| (c) If the position is not scheduled to be filled at the | ||
| election, the person elected to fill the position serves only for | ||
| the remainder of the unexpired term. (Acts 72nd Leg., R.S., Ch. 46, | ||
| Sec. 7(b).) | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8885.101. GENERAL POWERS AND DUTIES. The district has | ||
| the rights, powers, privileges, functions, and duties provided by | ||
| the general law of this state, including Chapter 36, Water Code, | ||
| applicable to groundwater conservation districts created under | ||
| Section 59, Article XVI, Texas Constitution. (Acts 72nd Leg., | ||
| R.S., Ch. 46, Sec. 5(a) (part).) | ||
| CHAPTER 8886. SUTTON COUNTY UNDERGROUND WATER CONSERVATION | ||
| DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8886.001. DEFINITIONS | ||
| Sec. 8886.002. NATURE OF DISTRICT | ||
| Sec. 8886.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
| Sec. 8886.004. CONFLICTS OF LAW | ||
| SUBCHAPTER B. TERRITORY | ||
| Sec. 8886.051. DISTRICT TERRITORY | ||
| Sec. 8886.052. LAND EXCLUSION | ||
| Sec. 8886.053. ANNEXATION OF TERRITORY | ||
| SUBCHAPTER C. BOARD OF DIRECTORS | ||
| Sec. 8886.101. COMPOSITION OF BOARD; TERMS | ||
| Sec. 8886.102. ELECTION OF DIRECTORS | ||
| Sec. 8886.103. ELECTION DATE | ||
| Sec. 8886.104. QUALIFICATIONS FOR OFFICE | ||
| SUBCHAPTER D. POWERS AND DUTIES | ||
| Sec. 8886.151. GENERAL POWERS AND DUTIES | ||
| Sec. 8886.152. ADMINISTRATIVE PROCEDURES | ||
| Sec. 8886.153. WELL PERMITS | ||
| Sec. 8886.154. WELL SPACING AND PRODUCTION | ||
| Sec. 8886.155. LOGS | ||
| Sec. 8886.156. AVAILABLE GROUNDWATER | ||
| Sec. 8886.157. SURVEYS | ||
| Sec. 8886.158. RESEARCH AND DETERMINATIONS REGARDING | ||
| GROUNDWATER WITHDRAWAL | ||
| Sec. 8886.159. COLLECTION AND PRESERVATION OF | ||
| INFORMATION | ||
| Sec. 8886.160. CONTRACT FOR SALE AND DISTRIBUTION OF | ||
| WATER | ||
| Sec. 8886.161. ACQUISITION OF LAND | ||
| Sec. 8886.162. ELECTIONS | ||
| SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8886.201. TAX AND BOND PROVISIONS | ||
| SUBCHAPTER F. DISSOLUTION OF DISTRICT | ||
| Sec. 8886.251. DISSOLUTION OF DISTRICT | ||
| CHAPTER 8886. SUTTON COUNTY UNDERGROUND WATER CONSERVATION | ||
| DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8886.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Director" means a board member. | ||
| (3) "District" means the Sutton County Underground | ||
| Water Conservation District. (Acts 69th Leg., R.S., Ch. 377, Sec. | ||
| 3; New.) | ||
| Sec. 8886.002. NATURE OF DISTRICT. The district is created | ||
| under Section 59, Article XVI, Texas Constitution, to provide for | ||
| the conservation, preservation, protection, recharge, and | ||
| prevention of waste of the groundwater reservoirs located under | ||
| district land, consistent with the objectives of Section 59, | ||
| Article XVI, Texas Constitution, and Chapters 36 and 51, Water | ||
| Code. (Acts 69th Leg., R.S., Ch. 377, Secs. 1 (part), 6.) | ||
| Sec. 8886.003. FINDINGS OF PUBLIC USE AND BENEFIT. The | ||
| legislature finds that: | ||
| (1) the organization of the district is feasible and | ||
| practicable; | ||
| (2) the land to be included in and the residents of the | ||
| district will benefit from the creation of the district; | ||
| (3) there is a public necessity for the district; and | ||
| (4) the creation of the district will further the | ||
| public welfare. (Acts 69th Leg., R.S., Ch. 377, Sec. 4.) | ||
| Sec. 8886.004. CONFLICTS OF LAW. (a) Except as otherwise | ||
| provided by this chapter, if there is a conflict between this | ||
| chapter and Chapter 49, 51, or 36, Water Code, this chapter | ||
| controls. | ||
| (b) If there is a conflict between Chapter 49 or 51, Water | ||
| Code, and Chapter 36, Water Code, Chapter 36 controls. (Acts 69th | ||
| Leg., R.S., Ch. 377, Sec. 17.) | ||
| SUBCHAPTER B. TERRITORY | ||
| Sec. 8886.051. DISTRICT TERRITORY. The district is | ||
| composed of the territory in Sutton County, other than the | ||
| territory in Sections 60, 67, and 90, Block No. A, HE&WTRyCoSurvey, | ||
| Sutton County, unless the district's territory has been modified | ||
| under: | ||
| (1) Section 8886.052 or 8886.053 of this chapter or | ||
| their predecessor statutes, former Section 11 or 14, Chapter 377, | ||
| Acts of the 69th Legislature, Regular Session, 1985; or | ||
| (2) other law. (Acts 69th Leg., R.S., Ch. 377, Sec. 5; | ||
| New.) | ||
| Sec. 8886.052. LAND EXCLUSION. Land may be excluded from | ||
| the district in accordance with the procedures prescribed in | ||
| Sections 49.303-49.308, Water Code. (Acts 69th Leg., R.S., Ch. | ||
| 377, Sec. 11.) | ||
| Sec. 8886.053. ANNEXATION OF TERRITORY. (a) Territory may | ||
| be added to the district as provided by: | ||
| (1) Subchapter J, Chapter 49, Water Code; or | ||
| (2) Subchapter O, Chapter 51, Water Code. | ||
| (b) If the district annexes territory, the board shall | ||
| determine the precincts to which annexed territory is added for the | ||
| purpose of electing directors. (Acts 69th Leg., R.S., Ch. 377, Sec. | ||
| 14; New.) | ||
| SUBCHAPTER C. BOARD OF DIRECTORS | ||
| Sec. 8886.101. COMPOSITION OF BOARD; TERMS. (a) The | ||
| district is governed by a board of five directors. | ||
| (b) The directors serve staggered four-year terms. (Acts | ||
| 69th Leg., R.S., Ch. 377, Secs. 15(a), (f); Acts 72nd Leg., R.S., | ||
| Ch. 757, Sec. 3(b) (part).) | ||
| Sec. 8886.102. ELECTION OF DIRECTORS. One director is | ||
| elected from each county commissioners precinct in Sutton County. | ||
| One director is elected at large. (Acts 69th Leg., R.S., Ch. 377, | ||
| Sec. 15(c).) | ||
| Sec. 8886.103. ELECTION DATE. The district shall hold an | ||
| election to elect directors on the uniform election date in May of | ||
| each odd-numbered year or another date authorized by law. (Acts | ||
| 69th Leg., R.S., Ch. 377, Sec. 15(e); New.) | ||
| Sec. 8886.104. QUALIFICATIONS FOR OFFICE. (a) To be | ||
| qualified for election as a director, a person must be: | ||
| (1) a resident of the district; and | ||
| (2) at least 18 years of age. | ||
| (b) To be qualified for election as a director from a | ||
| precinct, a person must be a resident of the precinct from which the | ||
| person is elected. (Acts 69th Leg., R.S., Ch. 377, Secs. 15(b), | ||
| (d).) | ||
| SUBCHAPTER D. POWERS AND DUTIES | ||
| Sec. 8886.151. GENERAL POWERS AND DUTIES. Except as | ||
| otherwise provided by this chapter, the district may exercise: | ||
| (1) the powers essential to accomplish the purposes of | ||
| Section 59, Article XVI, Texas Constitution; and | ||
| (2) the rights, powers, and functions provided by this | ||
| chapter and Chapters 36 and 51, Water Code. (Acts 69th Leg., R.S., | ||
| Ch. 377, Sec. 2.) | ||
| Sec. 8886.152. ADMINISTRATIVE PROCEDURES. Except as | ||
| otherwise provided by this chapter, the administrative and | ||
| procedural provisions of Chapters 36 and 51, Water Code, apply to | ||
| the district. (Acts 69th Leg., R.S., Ch. 377, Sec. 8.) | ||
| Sec. 8886.153. WELL PERMITS. (a) The board may: | ||
| (1) require a permit for drilling, equipping, or | ||
| completing a well in a groundwater reservoir in the district; and | ||
| (2) issue a permit that imposes terms relating to | ||
| drilling, equipping, or completing a well that are necessary to | ||
| prevent waste or conserve, preserve, and protect groundwater. | ||
| (b) The board may not deny an owner of land, or the owner's | ||
| heirs, assigns, and lessees, a permit to drill a well on that land | ||
| or the right to produce groundwater from that well, subject to rules | ||
| adopted under this chapter. (Acts 69th Leg., R.S., Ch. 377, Secs. | ||
| 7(b), (c) (part).) | ||
| Sec. 8886.154. WELL SPACING AND PRODUCTION. To minimize as | ||
| far as practicable the drawdown of the water table or the reduction | ||
| of the artesian pressure, the board may provide for spacing wells | ||
| that are producing water from a groundwater reservoir in the | ||
| district and may regulate the production from those wells. (Acts | ||
| 69th Leg., R.S., Ch. 377, Sec. 7(c) (part).) | ||
| Sec. 8886.155. LOGS. The board may require that: | ||
| (1) accurate driller's logs be kept of wells in any | ||
| groundwater reservoir in the district; and | ||
| (2) a copy of driller's logs and of any electric logs | ||
| that are made of the wells be filed with the district. (Acts 69th | ||
| Leg., R.S., Ch. 377, Sec. 7(d) (part).) | ||
| Sec. 8886.156. AVAILABLE GROUNDWATER. The board shall | ||
| determine the quantity of the groundwater available for production | ||
| and use and the improvements, developments, and recharges that will | ||
| be necessary for any groundwater reservoirs in the district. (Acts | ||
| 69th Leg., R.S., Ch. 377, Sec. 7(f) (part).) | ||
| Sec. 8886.157. SURVEYS. The board may have a licensed | ||
| engineer survey the groundwater of any groundwater reservoir in the | ||
| district and the facilities for the development, production, and | ||
| use of groundwater from any reservoir in the district. (Acts 69th | ||
| Leg., R.S., Ch. 377, Sec. 7(f) (part).) | ||
| Sec. 8886.158. RESEARCH AND DETERMINATIONS REGARDING | ||
| GROUNDWATER WITHDRAWAL. The district may carry out research | ||
| projects, develop information, and determine limitations, if any, | ||
| that should be placed on the withdrawal of groundwater. (Acts 69th | ||
| Leg., R.S., Ch. 377, Sec. 7(h).) | ||
| Sec. 8886.159. COLLECTION AND PRESERVATION OF INFORMATION. | ||
| The district may collect and preserve information regarding the use | ||
| of the groundwater and the practicability of recharge of a | ||
| groundwater reservoir in the district. (Acts 69th Leg., R.S., Ch. | ||
| 377, Sec. 7(i).) | ||
| Sec. 8886.160. CONTRACT FOR SALE AND DISTRIBUTION OF WATER. | ||
| The district may contract for, sell, and distribute water from a | ||
| water import authority or other agency. (Acts 69th Leg., R.S., Ch. | ||
| 377, Sec. 7(k).) | ||
| Sec. 8886.161. ACQUISITION OF LAND. The board may acquire | ||
| land to: | ||
| (1) erect a dam; | ||
| (2) drain a lake, draw, depression, or creek; and | ||
| (3) install pumps and other equipment necessary to | ||
| recharge a groundwater reservoir in the district. (Acts 69th Leg., | ||
| R.S., Ch. 377, Sec. 7(e).) | ||
| Sec. 8886.162. ELECTIONS. The district shall conduct | ||
| elections in the manner provided by Chapter 51, Water Code. (Acts | ||
| 69th Leg., R.S., Ch. 377, Sec. 16 (part).) | ||
| SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8886.201. TAX AND BOND PROVISIONS. (a) Except as | ||
| otherwise provided by this chapter, the tax and bond provisions of | ||
| Chapters 36 and 51, Water Code, apply to the district. | ||
| (b) On approval of the majority of the voters in an election | ||
| called for that purpose, the district may impose an ad valorem tax | ||
| to pay the principal of and interest on bonds and to maintain the | ||
| district. The tax approved under this subsection may not exceed | ||
| five cents on each $100 of assessed valuation. | ||
| (c) At a regular meeting of the board, if the board | ||
| determines that the tax imposed under Subsection (b) is no longer | ||
| sufficient for the purposes stated in that subsection, the board | ||
| may call an election to be held to approve the imposition of an ad | ||
| valorem tax in excess of the limitation provided by Subsection (b). | ||
| If a majority of the voters approve the imposition of taxes in | ||
| excess of the limitation provided by Subsection (b), the district | ||
| may impose taxes in the amount approved by the voters at the | ||
| election called and held under this subsection. (Acts 69th Leg., | ||
| R.S., Ch. 377, Secs. 12(a), (b) (part), (c).) | ||
| SUBCHAPTER F. DISSOLUTION OF DISTRICT | ||
| Sec. 8886.251. DISSOLUTION OF DISTRICT. The district may | ||
| be dissolved as provided by Chapter 36, Water Code. (Acts 69th | ||
| Leg., R.S., Ch. 377, Sec. 13.) | ||
| CHAPTER 8887. NORTH PLAINS GROUNDWATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8887.001. DEFINITIONS | ||
| Sec. 8887.002. NATURE OF DISTRICT | ||
| Sec. 8887.003. FINDING OF BENEFIT | ||
| Sec. 8887.004. DISTRICT TERRITORY | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8887.051. TERMS | ||
| Sec. 8887.052. ELECTION DATE | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8887.101. GENERAL POWERS AND DUTIES | ||
| Sec. 8887.102. WELL PERMITS | ||
| Sec. 8887.103. WELL SPACING AND PRODUCTION | ||
| Sec. 8887.104. RECORDS AND REPORTS | ||
| Sec. 8887.105. LOGS | ||
| Sec. 8887.106. SURVEYS | ||
| Sec. 8887.107. RESEARCH AND DETERMINATIONS REGARDING | ||
| GROUNDWATER WITHDRAWAL | ||
| Sec. 8887.108. COLLECTION AND PRESERVATION OF | ||
| INFORMATION | ||
| Sec. 8887.109. RULES: PREVENTION OF WASTE | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8887.151. LIMITATION ON MAINTENANCE AND OPERATION | ||
| TAX | ||
| Sec. 8887.152. MAINTENANCE AND OPERATION TAX ELECTION | ||
| Sec. 8887.153. DISTRICT DEBT | ||
| CHAPTER 8887. NORTH PLAINS GROUNDWATER CONSERVATION DISTRICT | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8887.001. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "Director" means a board member. | ||
| (3) "District" means the North Plains Groundwater | ||
| Conservation District. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 | ||
| (part); New.) | ||
| Sec. 8887.002. NATURE OF DISTRICT. The district is a | ||
| groundwater conservation district created under Section 59, | ||
| Article XVI, Texas Constitution. (Acts 54th Leg., R.S., Ch. 498, | ||
| Secs. 1 (part), 4 (part).) | ||
| Sec. 8887.003. FINDING OF BENEFIT. (a) All land and other | ||
| property in the district benefit from the: | ||
| (1) creation of the district; | ||
| (2) carrying out of the purposes for which the | ||
| district was created; and | ||
| (3) acquisition and construction of improvements to | ||
| carry out those purposes. | ||
| (b) The district is necessary to carry out the purposes of | ||
| Section 59, Article XVI, Texas Constitution. (Acts 54th Leg., | ||
| R.S., Ch. 498, Sec. 4 (part).) | ||
| Sec. 8887.004. DISTRICT TERRITORY. The district is | ||
| composed of the territory described by Section 1, Chapter 498, Acts | ||
| of the 54th Legislature, Regular Session, 1955, as that territory | ||
| may have been modified under: | ||
| (1) Subchapter J or K, Chapter 36, Water Code; or | ||
| (2) other law. (Acts 54th Leg., R.S., Ch. 498, Sec. 1 | ||
| (part); New.) | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8887.051. TERMS. Directors serve staggered four-year | ||
| terms. (Acts 54th Leg., R.S., Ch. 498, Sec. 1A(a).) | ||
| Sec. 8887.052. ELECTION DATE. The district shall hold an | ||
| election to elect the appropriate number of directors on a uniform | ||
| election date in each even-numbered year. (Acts 54th Leg., R.S., | ||
| Ch. 498, Sec. 1A(b).) | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8887.101. GENERAL POWERS AND DUTIES. The district has | ||
| all of the rights, powers, privileges, and duties provided by | ||
| general law applicable to groundwater conservation districts | ||
| created under Section 59, Article XVI, Texas Constitution, and | ||
| Chapter 36, Water Code. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 | ||
| (part).) | ||
| Sec. 8887.102. WELL PERMITS. (a) The district may: | ||
| (1) require a permit for drilling, equipping, or | ||
| completing a well in a groundwater reservoir in the district; and | ||
| (2) issue a permit subject to terms relating to | ||
| drilling, equipping, or completing a well that are necessary to | ||
| prevent waste or contamination. | ||
| (b) The district may not deny an owner of land, or the | ||
| owner's heirs, assigns, and lessees, a permit to drill a well on | ||
| that land or to produce groundwater from that well subject to rules | ||
| adopted to prevent waste or contamination. (Acts 54th Leg., R.S., | ||
| Ch. 498, Sec. 2 (part).) | ||
| Sec. 8887.103. WELL SPACING AND PRODUCTION. To minimize as | ||
| far as practicable the drawdown of the water table or the reduction | ||
| of the artesian pressure, the district may provide for the spacing | ||
| of wells producing from a groundwater reservoir or a subdivision of | ||
| a groundwater reservoir in the district and regulate the production | ||
| from those wells. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).) | ||
| Sec. 8887.104. RECORDS AND REPORTS. The district may | ||
| require that records be kept and reports be made of the drilling, | ||
| equipping, and completion of a well in a groundwater reservoir or a | ||
| subdivision of a groundwater reservoir in the district and the | ||
| taking and use of groundwater from those reservoirs or subdivisions | ||
| of those reservoirs. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 | ||
| (part).) | ||
| Sec. 8887.105. LOGS. The district may require that: | ||
| (1) accurate driller's logs be kept of the drilling, | ||
| equipping, and completion of a well in a groundwater reservoir or a | ||
| subdivision of a groundwater reservoir in the district; and | ||
| (2) a copy of a driller's log and of any electric log | ||
| that is made of the well be filed with the district. (Acts 54th | ||
| Leg., R.S., Ch. 498, Sec. 2 (part).) | ||
| Sec. 8887.106. SURVEYS. The district may have a licensed | ||
| engineer or qualified groundwater scientist survey the groundwater | ||
| of a groundwater reservoir or a subdivision of a groundwater | ||
| reservoir in the district and the facilities for the development, | ||
| production, and use of that groundwater to determine the: | ||
| (1) quantity of the groundwater available for | ||
| production and use; and | ||
| (2) improvements, developments, and recharges needed | ||
| for the groundwater reservoir or subdivision of a groundwater | ||
| reservoir. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).) | ||
| Sec. 8887.107. RESEARCH AND DETERMINATIONS REGARDING | ||
| GROUNDWATER WITHDRAWAL. The district may carry out research | ||
| projects, develop information, and determine limitations, if any, | ||
| that should be made on the withdrawal of water from a groundwater | ||
| reservoir or a subdivision of a groundwater reservoir in the | ||
| district. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).) | ||
| Sec. 8887.108. COLLECTION AND PRESERVATION OF INFORMATION. | ||
| The district may collect and preserve information regarding the use | ||
| of groundwater and the practicability of recharge of a groundwater | ||
| reservoir or a subdivision of a groundwater reservoir in the | ||
| district. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).) | ||
| Sec. 8887.109. RULES: PREVENTION OF WASTE. (a) In this | ||
| section, "waste" has the meaning assigned by Section 36.001, Water | ||
| Code. | ||
| (b) The district may adopt and enforce rules to prevent the | ||
| waste of the groundwater of any groundwater reservoir or | ||
| subdivision of a groundwater reservoir in the district. (Acts 54th | ||
| Leg., R.S., Ch. 498, Sec. 2 (part).) | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8887.151. LIMITATION ON MAINTENANCE AND OPERATION TAX. | ||
| To pay the maintenance and operating expenses of the district, | ||
| including the maintenance of its installations and activities, the | ||
| district may impose ad valorem taxes annually at a rate not to | ||
| exceed five cents on each $100 of assessed valuation on property in | ||
| the district subject to taxation. (Acts 54th Leg., R.S., Ch. 498, | ||
| Sec. 2 (part).) | ||
| Sec. 8887.152. MAINTENANCE AND OPERATION TAX ELECTION. The | ||
| district may order an election to impose taxes for the maintenance | ||
| of the district and its installations and activities. The election | ||
| must be held as is provided for elections authorizing the issuance | ||
| of bonds. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 (part).) | ||
| Sec. 8887.153. DISTRICT DEBT. The district may incur all | ||
| indebtedness necessary to the achievement of the purposes for which | ||
| the district is created. (Acts 54th Leg., R.S., Ch. 498, Sec. 2 | ||
| (part).) | ||
| CHAPTER 8888. NORTH HARRIS COUNTY REGIONAL WATER AUTHORITY | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8888.001. DEFINITIONS | ||
| Sec. 8888.002. NATURE OF AUTHORITY | ||
| Sec. 8888.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
| Sec. 8888.004. DISTRICTS IN AUTHORITY'S BOUNDARIES | ||
| Sec. 8888.005. APPLICABILITY OF OTHER LAW | ||
| SUBCHAPTER B. TERRITORY | ||
| Sec. 8888.051. AUTHORITY TERRITORY | ||
| Sec. 8888.052. LOCAL GOVERNMENT ANNEXATION | ||
| Sec. 8888.053. ADDITION OF WATER SYSTEM SERVICE AREA | ||
| Sec. 8888.054. INCLUSION OF CERTAIN TERRITORY | ||
| SUBCHAPTER C. AUTHORITY ADMINISTRATION | ||
| Sec. 8888.101. COMPOSITION OF BOARD | ||
| Sec. 8888.102. ELECTION OF DIRECTORS | ||
| Sec. 8888.103. ELECTION DATE | ||
| Sec. 8888.104. QUALIFICATION FOR OFFICE | ||
| Sec. 8888.105. BOARD VACANCY | ||
| Sec. 8888.106. MEETINGS | ||
| Sec. 8888.107. GENERAL MANAGER | ||
| Sec. 8888.108. EMPLOYEES | ||
| Sec. 8888.109. FIDELITY BOND | ||
| SUBCHAPTER D. POWERS AND DUTIES | ||
| Sec. 8888.151. GENERAL POWERS AND DUTIES | ||
| Sec. 8888.152. ADDITIONAL POWERS | ||
| Sec. 8888.153. AUTHORITY RULES | ||
| Sec. 8888.154. FEES, RATES, AND CHARGES | ||
| Sec. 8888.155. FEE AMOUNTS | ||
| Sec. 8888.156. PRODUCTION FEES | ||
| Sec. 8888.157. GROUNDWATER REDUCTION PLAN | ||
| Sec. 8888.158. WATER SUPPLY AND DROUGHT CONTINGENCY | ||
| PLANS | ||
| Sec. 8888.159. ACQUISITION, CONSTRUCTION, AND | ||
| OPERATION OF SYSTEMS | ||
| Sec. 8888.160. STORAGE, SALE, OR REUSE OF WATER OR | ||
| BY-PRODUCT | ||
| Sec. 8888.161. GENERAL CONTRACTING AUTHORITY | ||
| Sec. 8888.162. SPECIFIC CONTRACTING AUTHORITY | ||
| Sec. 8888.163. PURCHASE OF SURPLUS PROPERTY | ||
| Sec. 8888.164. PURCHASE OF INTEREST IN PROJECT | ||
| Sec. 8888.165. COOPERATION WITH PUBLIC ENTITIES | ||
| Sec. 8888.166. SURFACE WATER DELIVERY SYSTEM | ||
| Sec. 8888.167. CONDITIONAL APPROVAL OF CONSTRUCTION | ||
| PROJECTS | ||
| Sec. 8888.168. STATEMENT OF AMOUNTS OF WATER TO BE | ||
| DELIVERED | ||
| Sec. 8888.169. EFFECT OF MUNICIPAL ANNEXATION ON FEES | ||
| AND SERVICES | ||
| Sec. 8888.170. CIVIL PENALTY; CIVIL ACTION; INJUNCTION | ||
| Sec. 8888.171. EMINENT DOMAIN | ||
| SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8888.201. GIFT OR GRANT FROM SUBSIDENCE DISTRICT | ||
| Sec. 8888.202. AUTHORIZATION OF DISBURSEMENT | ||
| Sec. 8888.203. AD VALOREM TAX PROHIBITED | ||
| Sec. 8888.204. COOPERATIVE FUNDING | ||
| SUBCHAPTER F. NOTES AND BONDS | ||
| Sec. 8888.251. REVENUE NOTES | ||
| Sec. 8888.252. REVENUE AND BOND ANTICIPATION NOTES | ||
| Sec. 8888.253. BONDS AND NOTES | ||
| Sec. 8888.254. BONDS SECURED BY CONTRACT PROCEEDS: | ||
| APPROVAL | ||
| Sec. 8888.255. REFUNDING BONDS | ||
| Sec. 8888.256. VALIDITY OF BONDS AFTER ADDITION OF | ||
| TERRITORY | ||
| CHAPTER 8888. NORTH HARRIS COUNTY REGIONAL WATER AUTHORITY | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8888.001. DEFINITIONS. In this chapter: | ||
| (1) "Agricultural crop" means: | ||
| (A) a food or fiber commodity grown for resale or | ||
| commercial purposes that provides food, clothing, or animal feed; | ||
| or | ||
| (B) a nursery product or florist item that is in | ||
| the possession of a nursery grower. | ||
| (2) "Authority" means the North Harris County Regional | ||
| Water Authority. | ||
| (3) "Board" means the authority's board of directors. | ||
| (4) "Commission" means the Texas Commission on | ||
| Environmental Quality. | ||
| (5) "Director" means a member of the board. | ||
| (6) "Florist item" means a cut flower, potted plant, | ||
| blooming plant, inside foliage plant, bedding plant, corsage | ||
| flower, cut foliage, floral decoration, or live decorative | ||
| material. | ||
| (7) "Groundwater reduction plan" means a plan adopted | ||
| or implemented to supply water, reduce reliance on groundwater, | ||
| regulate groundwater pumping and water usage, or require and | ||
| allocate water usage among persons in order to comply with or exceed | ||
| the minimum requirements imposed by the subsidence district, | ||
| including any applicable groundwater reduction requirements. | ||
| (8) "Local government" means a municipality, county, | ||
| special district, or other political subdivision of this state or a | ||
| combination of two or more of those entities. | ||
| (9) "Nursery grower" means a person who grows, in any | ||
| medium, more than 50 percent of the nursery products or florist | ||
| items that the person sells or leases, regardless of the variety | ||
| sold, leased, or grown. For the purposes of this definition, "grow" | ||
| means the actual cultivation or propagation of the nursery product | ||
| or florist item beyond the mere holding or maintaining of the item | ||
| before sale or lease and typically includes activities associated | ||
| with the production or multiplying of stock such as the development | ||
| of new plants from cuttings, grafts, plugs, or seedlings. | ||
| (10) "Nursery product" includes a tree, shrub, vine, | ||
| cutting, graft, scion, grass, bulb, or bud that is grown for, kept | ||
| for, or capable of propagation and distribution for sale or lease. | ||
| (11) "Subsidence" means the lowering in elevation of | ||
| the surface of land by the withdrawal of groundwater. | ||
| (12) "Subsidence district" means the Harris-Galveston | ||
| Subsidence District. | ||
| (13) "System" means a network of pipelines, conduits, | ||
| canals, pumping stations, force mains, and treatment plants, and | ||
| any other construction, device, or related appurtenance, used to | ||
| treat or transport water. | ||
| (14) "Water" includes: | ||
| (A) groundwater, percolating or otherwise; | ||
| (B) any surface water, natural or artificial, | ||
| navigable or nonnavigable; and | ||
| (C) industrial and municipal wastewater. (Acts | ||
| 76th Leg., R.S., Ch. 1029, Secs. 1.01(a) (part), 1.02(1), (2), (3), | ||
| (4), (5), (7), (8), (9), (10), (11), (12) as added Acts 77th Leg., | ||
| R.S., Ch. 232, (12) as added Acts 77th Leg., R.S., Ch. 1296, (13), | ||
| (14).) | ||
| Sec. 8888.002. NATURE OF AUTHORITY. The authority is a | ||
| regional water authority in Harris County created under and | ||
| essential to accomplish the purposes of Section 59, Article XVI, | ||
| Texas Constitution. (Acts 76th Leg., R.S., Ch. 1029, Secs. 1.01(a) | ||
| (part), (b).) | ||
| Sec. 8888.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
| authority is created to serve a public use and benefit. | ||
| (b) All land and other property included in the authority | ||
| will benefit from the works and projects accomplished by the | ||
| authority under the powers provided by this chapter. (Acts 76th | ||
| Leg., R.S., Ch. 1029, Sec. 1.06.) | ||
| Sec. 8888.004. DISTRICTS IN AUTHORITY'S BOUNDARIES. A | ||
| district in the authority's boundaries retains the district's | ||
| separate identity, powers, and duties. The district is subject to | ||
| the authority's powers and duties, including those powers and | ||
| duties necessary to develop, implement, and enforce a groundwater | ||
| reduction plan. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.14.) | ||
| Sec. 8888.005. APPLICABILITY OF OTHER LAW. (a) This | ||
| chapter prevails over any inconsistent provision of general law. | ||
| (b) This chapter does not prevail over or preempt a | ||
| provision of Chapter 8801 of this code or Chapter 36, Water Code, | ||
| that is being implemented by the subsidence district. | ||
| (c) The following laws do not apply to the authority: | ||
| (1) Chapter 36, Water Code; | ||
| (2) Section 49.052, Water Code; and | ||
| (3) Sections 49.451-49.455, Water Code. (Acts 76th | ||
| Leg., R.S., Ch. 1029, Sec. 1.05.) | ||
| SUBCHAPTER B. TERRITORY | ||
| Sec. 8888.051. AUTHORITY TERRITORY. The authority is | ||
| composed of the territory described by Sections 1.03(a), (b), | ||
| (b-1), (b-2), (c), and (e), Chapter 1029, Acts of the 76th | ||
| Legislature, Regular Session, 1999, as that territory may have been | ||
| modified under: | ||
| (1) this subchapter or the following predecessor | ||
| statutes: | ||
| (A) Sections 1.03(f) and (g), Chapter 1029, Acts | ||
| of the 76th Legislature, Regular Session, 1999; or | ||
| (B) Section 1.045, Chapter 1029, Acts of the 76th | ||
| Legislature, Regular Session, 1999; or | ||
| (2) Subchapter J, Chapter 49, Water Code. (New.) | ||
| Sec. 8888.052. LOCAL GOVERNMENT ANNEXATION. Territory | ||
| annexed by a local government located in the authority becomes | ||
| territory of the authority on the effective date of the annexation | ||
| unless the annexed territory is included in another local | ||
| government's approved groundwater reduction plan as of the | ||
| effective date of the annexation. The authority by rule may require | ||
| the local government to send the authority: | ||
| (1) written notice of the effective date of an | ||
| annexation; and | ||
| (2) copies of documents describing the annexed land | ||
| and the new boundaries of the local government. (Acts 76th Leg., | ||
| R.S., Ch. 1029, Sec. 1.03(f).) | ||
| Sec. 8888.053. ADDITION OF WATER SYSTEM SERVICE AREA. If | ||
| territory is added to the service area of a person owning a water | ||
| system located in the authority, the territory becomes territory of | ||
| the authority on the effective date of the territory's addition to | ||
| the service area unless the added territory is included in another | ||
| local government's approved groundwater reduction plan as of the | ||
| effective date of the addition. The authority by rule may require | ||
| the person to send the authority: | ||
| (1) written notice of the effective date of an | ||
| addition of territory; and | ||
| (2) copies of documents describing the added territory | ||
| and the new boundaries of the person's service area. (Acts 76th | ||
| Leg., R.S., Ch. 1029, Sec. 1.03(g).) | ||
| Sec. 8888.054. INCLUSION OF CERTAIN TERRITORY. (a) The | ||
| board of directors of a district organized under Section 52, | ||
| Article III, or Section 59, Article XVI, Texas Constitution, all or | ||
| part of which is not included in the authority, by petition may | ||
| request the district's territory to be included in the authority's | ||
| territory. The petition must: | ||
| (1) be filed with the authority; and | ||
| (2) include an accurate legal description of the | ||
| boundaries of the territory to be included. | ||
| (b) If the authority has bonds, notes, or other obligations | ||
| outstanding, the board shall require the petitioning district to | ||
| assume the district's share of the outstanding bonds, notes, or | ||
| other obligations. | ||
| (c) Before the 61st day after the date the authority | ||
| receives the petition, the board shall hold a hearing to consider | ||
| the petition. The board may grant the petition and order the | ||
| territory described in the petition to be included in the | ||
| authority's territory if: | ||
| (1) it is feasible, practicable, and to the advantage | ||
| of the authority; and | ||
| (2) the authority's system and other improvements of | ||
| the authority are sufficient or will be sufficient to supply the | ||
| added territory without injuring the territory already included in | ||
| the authority. | ||
| (d) If the board grants the petition, the board shall file | ||
| for recording in the office of the county clerk of Harris County: | ||
| (1) a copy of the order; and | ||
| (2) a description of the authority's boundaries as | ||
| they exist after the inclusion of the territory. | ||
| (e) The order including the territory is effective | ||
| immediately after the order and description are recorded. | ||
| (f) Except as provided by Subsection (g), a district that | ||
| petitions to be included in the authority's territory is subject to | ||
| the fees and reimbursements that are in effect at the time of the | ||
| district's petition and are applicable to such a petitioner. | ||
| (g) The authority may not require a district that petitioned | ||
| before January 1, 2002, to be included in the authority's territory | ||
| to pay a fee to the authority for admission or reimbursement for | ||
| activities the authority has undertaken since the authority's | ||
| creation in the furtherance of the authority's duties and | ||
| functions. (Acts 76th Leg., R.S., Ch. 1029, Sec. 1.045.) | ||
| SUBCHAPTER C. AUTHORITY ADMINISTRATION | ||
| Sec. 8888.101. COMPOSITION OF BOARD. The authority is | ||
| governed by a board of five elected directors. (Acts 76th Leg., | ||
| R.S., Ch. 1029, Secs. 2.01(a), 2.02(a) (part).) | ||
| Sec. 8888.102. ELECTION OF DIRECTORS. (a) One director is | ||
| elected from each of five single-member voting districts by the | ||
| voters of the voting district. | ||
| (b) A person shall indicate on the application for a place | ||
| on the ballot the voting district the person seeks to represent. | ||
| (c) In the manner described by Section 49.103(d), Water | ||
| Code, the board shall redraw the single-member voting districts as | ||
| soon as practicable after each federal decennial census and as | ||
| otherwise required by law. | ||
| (d) At the first election after each time the voting | ||
| districts are redrawn: | ||
| (1) five new directors shall be elected to represent | ||
| the single-member voting districts; and | ||
| (2) the directors elected shall draw lots to determine | ||
| the directors' terms so that: | ||
| (A) two directors serve two-year terms; and | ||
| (B) three directors serve four-year terms. | ||
| (e) Subchapter C, Chapter 146, Election Code, applies to the | ||
| consideration of votes for a write-in candidate for director as if | ||
| the authority were a municipality. (Acts 76th Leg., R.S., Ch. 1029, | ||
| Sec. 2.02.) | ||
| Sec. 8888.103. ELECTION DATE. The authority shall hold an | ||
| election to elect the appropriate number of directors to the board | ||
| on a uniform election date in each even-numbered year. (Acts 76th | ||
| Leg., R.S., Ch. 1029, Sec. 2.06.) | ||
| Sec. 8888.104. QUALIFICATION FOR OFFICE. To be eligible to | ||
| serve as a director, a person must be a qualified voter in the | ||
| voting district from which the person is elected or appointed. | ||
| (Acts 76th Leg., R.S., Ch. 1029, Sec. 2.01(c).) | ||
| Sec. 8888.105. BOARD VACANCY. (a) The board shall appoint | ||
| a person to fill a vacancy in the office of director. | ||
| (b) The appointed person serves until the next directors' | ||
| election. | ||
| (c) If the position is not scheduled to be filled at the | ||
| election, the person elected to fill the position serves only for | ||
| the remainder of the unexpired term. (Acts 76th Leg., R.S., Ch. | ||
| 1029, Sec. 2.01(b).) | ||
| Sec. 8888.106. MEETINGS. The board shall meet at least four | ||
| times each year and may meet at any other time the board considers | ||
| appropriate. (Acts 76th Leg., R.S., Ch. 1029, Sec. 3.01.) | ||
| Sec. 8888.107. GENERAL MANAGER. (a) The board shall employ | ||
| a general manager to serve as the chief administrative officer of | ||
| the authority. The board may delegate to the general manager the | ||
| full authority to manage and operate the affairs of the authority | ||
| subject only to the orders of the board. | ||
| (b) The duties of the general manager include: | ||
| (1) administering board orders; | ||
| (2) coordinating with state, federal, and local | ||
| agencies; | ||
| (3) overseeing development of authority plans and | ||
| programs; and | ||
| (4) performing other duties assigned by the board. | ||
| (c) The board shall determine the terms of office and | ||
| employment and the compensation of the general manager. | ||
| (d) The board may discharge the general manager by a | ||
| majority vote of the board. (Acts 76th Leg., R.S., Ch. 1029, Sec. | ||
| 3.02.) | ||
| Sec. 8888.108. EMPLOYEES. (a) The general manager shall | ||
| employ all persons necessary to properly handle authority business | ||
| and operations. The general manager may employ attorneys, | ||
| bookkeepers, engineers, and other expert and specialized employees | ||
| the board considers necessary. | ||
| (b) The general manager shall determine the compensation to | ||
| be paid by the authority. | ||
| (c) The general manager may discharge an authority | ||
| employee. (Acts 76th Leg., R.S., Ch. 1029, Secs. 3.03(a), (b).) | ||
| Sec. 8888.109. FIDELITY BOND. The general manager and each | ||
| authority employee or contractor who is charged with the | ||
| collection, custody, or payment of any authority money shall | ||
| execute a fidelity bond in an amount determined by the board and in | ||
| a form and with a surety approved by the board. The authority shall | ||
| pay for the bond. (Acts 76th Leg., R.S., Ch. 1029, Sec. 3.03(c).) | ||
| SUBCHAPTER D. POWERS AND DUTIES | ||
| Sec. 8888.151. GENERAL POWERS AND DUTIES. (a) The | ||
| authority has the rights, powers, privileges, functions, and duties | ||
| necessary and convenient to accomplish the purposes of this | ||
| chapter, including those provided by Chapter 49, Water Code. | ||
| (b) The authority shall exercise its rights, powers, and | ||
| privileges in a manner that will promote regionalization of water | ||
| treatment and distribution. (Acts 76th Leg., R.S., Ch. 1029, Secs. | ||
| 4.01(a), (d).) | ||
| Sec. 8888.152. ADDITIONAL POWERS. The authority may: | ||
| (1) provide for the conservation, preservation, | ||
| protection, recharge, and prevention of waste of groundwater in a | ||
| manner consistent with the purposes of Section 59, Article XVI, | ||
| Texas Constitution; | ||
| (2) for the purposes of reducing groundwater | ||
| withdrawals and subsidence, acquire or develop surface water and | ||
| groundwater supplies from sources inside or outside the authority | ||
| and may conserve, store, transport, treat, purify, distribute, | ||
| sell, and deliver water to persons inside and outside the | ||
| authority; | ||
| (3) coordinate water services provided inside, | ||
| outside, or into the authority; | ||
| (4) provide for the reduction of groundwater | ||
| withdrawals by the development, implementation, or enforcement of a | ||
| groundwater reduction plan as provided by Section 8888.157; | ||
| (5) identify sources of water other than groundwater | ||
| to be provided by the authority; | ||
| (6) specify the rates and terms under which sources of | ||
| water other than groundwater will be provided by the authority, | ||
| which may be changed as considered necessary by the authority; | ||
| (7) specify the dates and extent to which each person | ||
| in the authority shall accept water from the authority; and | ||
| (8) administer and enforce this chapter. (Acts 76th | ||
| Leg., R.S., Ch. 1029, Sec. 4.01(b) (part).) | ||
| Sec. 8888.153. AUTHORITY RULES. (a) The authority shall | ||
| adopt and enforce rules reasonably required to implement this | ||
| chapter, including rules governing procedures before the board. | ||
| (b) The board shall compile the authority's rules in a book | ||
| and make the rules available for use and inspection at the | ||
| authority's principal office. (Acts 76th Leg., R.S., Ch. 1029, Sec. | ||
| 4.02.) | ||
| Sec. 8888.154. FEES, RATES, AND CHARGES. As necessary to | ||
| enable the authority to fulfill the authority's purposes and | ||
| regulatory obligations provided by this chapter, the authority may | ||
| establish: | ||
| (1) fees, rates, and charges; and | ||
| (2) classifications of fee and rate payers. (Acts 76th | ||
| Leg., R.S., Ch. 1029, Sec. 4.03(a).) | ||
| Sec. 8888.155. FEE AMOUNTS. Fees established by the board | ||
| must be sufficient to: | ||
| (1) achieve water conservation; | ||
| (2) prevent waste of water; | ||
| (3) serve as a disincentive to pumping groundwater; | ||
| (4) accomplish the purposes of this chapter, including | ||
| making available alternative water supplies; | ||
| (5) enable the authority to meet operation and | ||
| maintenance expenses; and | ||
| (6) pay the principal of and interest on debt issued in | ||
| connection with the exercise of the authority's general powers and | ||
| duties. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.03(c).) | ||
| Sec. 8888.156. PRODUCTION FEES. (a) The authority may | ||
| charge the owner of a well located in the authority a fee on the | ||
| amount of water pumped from the well. The board shall establish the | ||
| rate of a fee under this subsection only after a special meeting on | ||
| the fee. | ||
| (b) The board by rule shall exempt from the fee established | ||
| under Subsection (a) each class of wells that is not subject to a | ||
| groundwater reduction requirement imposed by the subsidence | ||
| district. If an exempted class of wells becomes subject to a | ||
| groundwater reduction requirement imposed by the subsidence | ||
| district, the authority may charge the fee established under | ||
| Subsection (a) on the wells of that class. The board by rule may | ||
| exempt any other class of wells from the fee established under | ||
| Subsection (a). | ||
| (c) Notwithstanding any other law, the authority may charge | ||
| a fee established under Subsection (a) on a well or class of wells | ||
| located in the authority that, on or after June 30, 2013: | ||
| (1) ceases to be subject to a groundwater reduction | ||
| requirement imposed by the subsidence district; or | ||
| (2) is no longer subject to the regulatory provisions, | ||
| permitting requirements, or jurisdiction of the subsidence | ||
| district. | ||
| (d) The board may not apply the fee established under | ||
| Subsection (a) to a well: | ||
| (1) with a casing diameter of less than five inches | ||
| that serves a single-family dwelling; | ||
| (2) regulated under Chapter 27, Water Code; | ||
| (3) used for irrigation of agricultural crops; or | ||
| (4) used solely for electric generation. (Acts 76th | ||
| Leg., R.S., Ch. 1029, Secs. 4.03(b), (e).) | ||
| Sec. 8888.157. GROUNDWATER REDUCTION PLAN. (a) The | ||
| authority may develop, implement, participate in, and enforce a | ||
| groundwater reduction plan. The groundwater reduction plan is | ||
| binding on persons and wells in the authority. | ||
| (b) The groundwater reduction plan may be amended at the | ||
| discretion of the authority subject to the requirements and | ||
| procedures of the subsidence district applicable to the amendment | ||
| of groundwater reduction plans. | ||
| (c) The groundwater reduction plan may exceed the minimum | ||
| requirements imposed by the subsidence district, including any | ||
| applicable groundwater reduction requirements. | ||
| (d) The authority may contract on mutually agreeable terms | ||
| with a person located outside the authority to allow the person to | ||
| be included in the groundwater reduction plan. A contract entered | ||
| into under this subsection has the same force and effect as if the | ||
| person were located in the authority, except that the person is not | ||
| entitled to vote in an election for members of the board. (Acts 76th | ||
| Leg., R.S., Ch. 1029, Secs. 4.01(e), (f), (g), (h).) | ||
| Sec. 8888.158. WATER SUPPLY AND DROUGHT CONTINGENCY PLANS. | ||
| As needed but not less frequently than every five years, the | ||
| authority by rule shall develop, prepare, revise, and adopt | ||
| comprehensive water supply and drought contingency plans for | ||
| various areas of the authority. The plans must: | ||
| (1) be consistent with regional planning; and | ||
| (2) include 10-year, 20-year, and 50-year projections | ||
| of water needs in the authority. (Acts 76th Leg., R.S., Ch. 1029, | ||
| Sec. 4.05.) | ||
| Sec. 8888.159. ACQUISITION, CONSTRUCTION, AND OPERATION OF | ||
| SYSTEMS. (a) The authority may: | ||
| (1) by purchase, gift, lease, contract, or any other | ||
| legal means, acquire and provide a water treatment or supply | ||
| system, or any other work, plant, improvement, or facility | ||
| necessary or convenient to accomplish the purposes of the | ||
| authority, or any interest in those assets, inside or outside the | ||
| authority; | ||
| (2) design, finance, or construct a water treatment or | ||
| supply system, or other supply system, or any other work, plant, | ||
| improvement, or facility necessary or convenient to accomplish the | ||
| purposes of the authority, and provide water services inside or | ||
| outside the authority; | ||
| (3) maintain, operate, lease, or sell a water | ||
| treatment or supply system, or any other work, plant, improvement, | ||
| or facility necessary or convenient to accomplish the purposes of | ||
| the authority, that the authority constructs or acquires inside or | ||
| outside the authority; or | ||
| (4) contract with a person who owns a water treatment | ||
| or supply system to operate or maintain the system. | ||
| (b) The authority shall give a person outside the authority, | ||
| including the City of Houston, the option to contract for available | ||
| excess capacity of the authority's water treatment or supply system | ||
| or, before construction of a water treatment or supply system | ||
| begins, for additional capacity of the system. The authority must | ||
| offer a contract that would enable the person to pay for the excess | ||
| or additional capacity in accordance with the person's pro rata | ||
| share of the capital investment and operational and maintenance | ||
| costs for providing the excess or additional capacity. (Acts 76th | ||
| Leg., R.S., Ch. 1029, Sec. 4.06.) | ||
| Sec. 8888.160. STORAGE, SALE, OR REUSE OF WATER OR | ||
| BY-PRODUCT. The authority may store, sell, or reuse: | ||
| (1) water; or | ||
| (2) any by-product from the authority's operations. | ||
| (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.07.) | ||
| Sec. 8888.161. GENERAL CONTRACTING AUTHORITY. (a) The | ||
| authority may enter into a contract with any person on terms the | ||
| board considers desirable, fair, and advantageous for the | ||
| performance of its rights and powers under this chapter. | ||
| (b) The authority may enter into a contract with any person | ||
| regarding the performance of any purpose or function of the | ||
| authority, including a contract to jointly construct, finance, own, | ||
| or operate works, improvements, facilities, plants, equipment, or | ||
| appliances necessary to accomplish a purpose or function of the | ||
| authority. A contract may be of unlimited duration. | ||
| (c) Notwithstanding any inconsistent provision of general | ||
| law or of a home-rule municipal charter or ordinance, the authority | ||
| and a municipality may, after January 1, 2002, enter into a contract | ||
| of unlimited duration. (Acts 76th Leg., R.S., Ch. 1029, Secs. | ||
| 4.01(b) (part), 4.09(a), 4.10(d); Acts 78th Leg., R.S., Ch. 381, | ||
| Sec. 6.) | ||
| Sec. 8888.162. SPECIFIC CONTRACTING AUTHORITY. The | ||
| authority may contract for: | ||
| (1) the purchase or sale of water or water rights; | ||
| (2) the performance of activities within the powers of | ||
| the authority to promote the continuing and orderly development of | ||
| land and property in the authority through the purchase, | ||
| construction, or installation of works, improvements, facilities, | ||
| plants, equipment, or appliances so that, to the greatest extent | ||
| possible considering sound engineering practices and economic | ||
| feasibility, all the land and property in the authority may receive | ||
| services of the works, improvements, facilities, plants, | ||
| equipment, or appliances of the authority; or | ||
| (3) the construction, ownership, maintenance, or | ||
| operation of any works, improvements, facilities, plants, | ||
| equipment, or appliances of the authority or another person. (Acts | ||
| 76th Leg., R.S., Ch. 1029, Sec. 4.09(c).) | ||
| Sec. 8888.163. PURCHASE OF SURPLUS PROPERTY. (a) The | ||
| authority may purchase surplus property from this state, the United | ||
| States, or another public entity through a negotiated contract | ||
| without bids. | ||
| (b) An officer, agent, or employee of the authority who is | ||
| financially interested in a contract described by Subsection (a) | ||
| shall disclose the interest to the board before the board votes on | ||
| the acceptance of the contract. (Acts 76th Leg., R.S., Ch. 1029, | ||
| Secs. 4.09(d), (e).) | ||
| Sec. 8888.164. PURCHASE OF INTEREST IN PROJECT. The | ||
| authority may purchase an interest in a project used for a purpose | ||
| or function of the authority. (Acts 76th Leg., R.S., Ch. 1029, Sec. | ||
| 4.09(b).) | ||
| Sec. 8888.165. COOPERATION WITH PUBLIC ENTITIES. (a) In | ||
| implementing this chapter, the board may cooperate with and request | ||
| the assistance of the Texas Water Development Board, the | ||
| commission, the United States Geological Survey, the subsidence | ||
| district, other local governments, and other agencies of the United | ||
| States and this state. | ||
| (b) The subsidence district may: | ||
| (1) enter into an interlocal contract with the | ||
| authority to carry out the authority's purposes; and | ||
| (2) carry out the governmental functions and services | ||
| specified in the interlocal contract. | ||
| (c) The board shall coordinate with the City of Houston to | ||
| develop an interregional plan for a system to distribute treated | ||
| surface water in an economical and efficient manner. (Acts 76th | ||
| Leg., R.S., Ch. 1029, Secs. 4.10(a), (b), (c).) | ||
| Sec. 8888.166. SURFACE WATER DELIVERY SYSTEM. (a) In this | ||
| section, "surface water delivery system": | ||
| (1) includes a facility that is to be constructed and | ||
| that will be: | ||
| (A) used to transport groundwater between | ||
| utility districts; | ||
| (B) used temporarily to transport groundwater | ||
| between utility districts if there is a reasonable probability that | ||
| the facility will be used for that purpose on a permanent basis in | ||
| the future; or | ||
| (C) necessary to accomplish an authority | ||
| purpose, including management of water, water conservation, or | ||
| water reuse; and | ||
| (2) does not include the use of the bed and banks to | ||
| transport water or wastewater. | ||
| (b) The authority may expedite the financing and | ||
| construction of a surface water delivery system, or other projects | ||
| of the authority, to accomplish a conversion from reliance on | ||
| groundwater to reliance on surface water not later than the earlier | ||
| of: | ||
| (1) the date required by the subsidence district; or | ||
| (2) the date determined by the board to be in the | ||
| interest of the authority or one or more districts inside or outside | ||
| the authority. | ||
| (c) It is the intent of the legislature that the commission | ||
| cooperate with and assist the authority in developing a surface | ||
| water delivery system or other authority project in an expedited | ||
| manner as provided by Subsection (b). | ||
| (d) The commission and the authority may enter into a | ||
| memorandum of understanding that relates to the construction of a | ||
| surface water delivery system. The memorandum of understanding | ||
| may: | ||
| (1) establish standard procedures for the commission | ||
| to grant conditional or final approval of authority construction | ||
| projects; | ||
| (2) establish standing waivers or conditions | ||
| applicable to those construction projects; | ||
| (3) delegate powers to the authority to carry out any | ||
| commission duty relating to an activity that the authority may | ||
| undertake if the delegation: | ||
| (A) does not violate federal law; and | ||
| (B) is not inconsistent with any agreement of | ||
| this state with, or any delegation of authority to this state from, | ||
| the United States Environmental Protection Agency; | ||
| (4) set minimum standards for construction or other | ||
| projects; or | ||
| (5) address any other matter that relates to an | ||
| activity that the authority may undertake and that the commission | ||
| may regulate. (Acts 76th Leg., R.S., Ch. 1029, Secs. 4.10(e), (f), | ||
| (g) (part), (j).) | ||
| Sec. 8888.167. CONDITIONAL APPROVAL OF CONSTRUCTION | ||
| PROJECTS. (a) The commission may grant conditional approval of a | ||
| construction project or waive a requirement of any law or | ||
| commission rule with respect to a construction project if the | ||
| conditional approval or waiver does not compromise public health or | ||
| safety. | ||
| (b) If the commission grants conditional approval of or a | ||
| waiver for a construction project, the authority shall make any | ||
| subsequent changes required by the commission in the construction | ||
| project necessary to protect the public health or safety. | ||
| (c) The commission may not require that the authority enter | ||
| into a contract with another person as a condition for approving an | ||
| authority construction project. The authority may meet the | ||
| authority's obligations under commission rules that require | ||
| certain issues to be addressed by contract by adopting rules that | ||
| address the commission issues and that allocate responsibility as | ||
| necessary between the authority and a person in the authority. | ||
| (Acts 76th Leg., R.S., Ch. 1029, Secs. 4.10(g) (part), (h), (i).) | ||
| Sec. 8888.168. STATEMENT OF AMOUNTS OF WATER TO BE | ||
| DELIVERED. To comply with commission rules that would require the | ||
| authority to state specific amounts of water that may or will be | ||
| provided to another entity receiving water from the authority, the | ||
| authority may state the amount in ranges that the authority may | ||
| change on prompt notification to the commission. (Acts 76th Leg., | ||
| R.S., Ch. 1029, Sec. 4.10(k).) | ||
| Sec. 8888.169. EFFECT OF MUNICIPAL ANNEXATION ON FEES AND | ||
| SERVICES. (a) Except to the extent the authority agrees in | ||
| writing, a municipality's annexation of territory that is in the | ||
| authority does not affect the authority's ability to assess and | ||
| collect inside the annexed territory the types of fees, rates, | ||
| charges, or special assessments that the authority was assessing | ||
| and collecting at the time the municipality initiated the | ||
| annexation. | ||
| (b) The authority's ability to assess and collect the types | ||
| of fees, rates, charges, or special assessments described by | ||
| Subsection (a) terminates on the later of: | ||
| (1) the date of final payment or defeasance of any | ||
| bonds or other indebtedness, including any refunding bonds, that | ||
| are secured by those fees, rates, charges, or special assessments; | ||
| or | ||
| (2) the date that the authority no longer provides | ||
| services inside the annexed territory. | ||
| (c) The authority shall continue to provide services to the | ||
| annexed territory in accordance with contracts in effect at the | ||
| time of the annexation unless a written agreement between the board | ||
| and the governing body of the municipality provides otherwise. | ||
| (Acts 76th Leg., R.S., Ch. 1029, Sec. 1.03(d).) | ||
| Sec. 8888.170. CIVIL PENALTY; CIVIL ACTION; INJUNCTION. | ||
| (a) A person who violates a rule or order of the authority is | ||
| subject to a civil penalty of not less than $50 and not more than | ||
| $5,000 for each violation or each day of a continuing violation. | ||
| (b) The authority may bring an action to recover the penalty | ||
| in a district court in the county where the violation occurred. The | ||
| penalty shall be paid to the authority. | ||
| (c) The authority may bring an action for injunctive relief | ||
| in a district court in the county where a violation of an authority | ||
| rule or order occurs or is threatened to occur. The court may grant | ||
| to the authority, without bond or other undertaking, a prohibitory | ||
| or mandatory injunction that the facts warrant, including a | ||
| temporary restraining order, temporary injunction, or permanent | ||
| injunction. | ||
| (d) The authority may bring an action for a civil penalty | ||
| and injunctive relief in the same proceeding. | ||
| (e) The authority may bring an action in a district court | ||
| against a person located in the authority or included in the | ||
| authority's groundwater reduction plan to: | ||
| (1) recover any fees, rates, charges, assessments, | ||
| collection expenses, attorney's fees, interest, penalties, or | ||
| administrative penalties due the authority; or | ||
| (2) enforce the authority's rules or orders. | ||
| (f) Governmental immunity from suit or liability of a | ||
| district or other political subdivision is waived for the purposes | ||
| of an action described by Subsection (e). (Acts 76th Leg., R.S., | ||
| Ch. 1029, Sec. 4.04.) | ||
| Sec. 8888.171. EMINENT DOMAIN. (a) The authority may | ||
| exercise the power of eminent domain in the authority to acquire | ||
| property of any kind to further the authorized purposes of the | ||
| authority. | ||
| (b) The authority may exercise the power of eminent domain | ||
| outside the authority to acquire any land, easements, or other | ||
| property for the purpose of pumping, treating, storing, or | ||
| transporting water. | ||
| (c) The authority may not exercise the power of eminent | ||
| domain under Subsection (b): | ||
| (1) for the condemnation of land for the purpose of | ||
| acquiring groundwater rights, water, or water rights; or | ||
| (2) to acquire property of any kind that is: | ||
| (A) owned by a municipality with a population of | ||
| 1.6 million or more or any instrumentality of a municipality with a | ||
| population of 1.6 million or more, including any local government | ||
| corporation created by the municipality; or | ||
| (B) located in the corporate boundaries of a | ||
| municipality with a population of 1.6 million or more as of February | ||
| 1, 2001. | ||
| (d) Notwithstanding Subsection (c)(2)(B), the authority may | ||
| exercise the power of eminent domain under Subsection (b) to | ||
| acquire property in the corporate boundaries of a municipality with | ||
| a population of 1.6 million or more if: | ||
| (1) the condemnation is to be used to provide | ||
| facilities between two points that are in the authority and the area | ||
| in the municipality is bounded by a line parallel to and 150 feet | ||
| north of the north side of Greens Bayou and by a line parallel to and | ||
| 150 feet south of the south side of Greens Bayou; | ||
| (2) annexation of the territory by the municipality | ||
| was completed between January 1, 1962, and January 1, 1964; or | ||
| (3) the municipality grants permission for the | ||
| condemnation. | ||
| (e) The authority may not exercise the power of eminent | ||
| domain to acquire property of any kind in Galveston County. | ||
| (f) The authority must exercise the power of eminent domain | ||
| in the manner provided by Chapter 21, Property Code. The authority | ||
| is not required to give bond for appeal or bond for costs in a | ||
| condemnation suit, or other suit to which the authority is a party, | ||
| and is not required to deposit more than the amount of an award in a | ||
| suit. | ||
| (g) The authority may elect to condemn either the fee simple | ||
| or a lesser property interest when exercising the power of eminent | ||
| domain. | ||
| (h) The authority's authority under this section to | ||
| exercise the power of eminent domain expired on September 1, 2013, | ||
| unless the authority submitted a letter to the comptroller in | ||
| accordance with Section 2206.101(b), Government Code, not later | ||
| than December 31, 2012. (Acts 76th Leg., R.S., Ch. 1029, Secs. | ||
| 4.08(a), (b), (c), (d), (e); New.) | ||
| SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8888.201. GIFT OR GRANT FROM SUBSIDENCE DISTRICT. The | ||
| authority may accept a gift or grant from money collected by the | ||
| subsidence district under Chapter 8801 to fund a water treatment or | ||
| supply system. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.11 (part).) | ||
| Sec. 8888.202. AUTHORIZATION OF DISBURSEMENT. A | ||
| disbursement of the authority must be signed by at least two | ||
| directors. (Acts 76th Leg., R.S., Ch. 1029, Sec. 4.12(b) (part).) | ||
| Sec. 8888.203. AD VALOREM TAX PROHIBITED. The authority | ||
| may not impose an ad valorem tax. (Acts 76th Leg., R.S., Ch. 1029, | ||
| Sec. 4.13.) | ||
| Sec. 8888.204. COOPERATIVE FUNDING. (a) The authority may | ||
| develop a procedure for funding cooperatively a project of the | ||
| authority with money from a political subdivision located entirely | ||
| in the authority, and may develop a procedure for funding | ||
| cooperatively a project of the authority with money from a | ||
| political subdivision located wholly or partly outside the | ||
| authority, a water supply corporation, or other private entity, if | ||
| the authority project fulfills a governmental purpose of both the | ||
| authority and the political subdivision, or fulfills a governmental | ||
| purpose of the authority that the authority determines would be | ||
| furthered by cooperative funding from a private entity. | ||
| (b) A political subdivision may enter into a contract with | ||
| the authority for the political subdivision to finance a portion of | ||
| the proposed project with the political subdivision's resources | ||
| instead of using only the proceeds from bonds of the authority for | ||
| that purpose. The contract must be executed before the authority | ||
| issues the bonds. As provided in the contract, the authority may: | ||
| (1) reduce the value of the bond issuance to the degree | ||
| that the political subdivision provides project funding; and | ||
| (2) credit the political subdivision for the political | ||
| subdivision's contribution to the project financing and adjust the | ||
| allocation of revenue pledged to the payment of the bonds so that | ||
| the authority avoids using, to a degree reasonably commensurate | ||
| with the contribution, revenue from the political subdivision to | ||
| service the authority's bond debt or interest. (Acts 76th Leg., | ||
| R.S., Ch. 1029, Sec. 5.05.) | ||
| SUBCHAPTER F. NOTES AND BONDS | ||
| Sec. 8888.251. REVENUE NOTES. (a) The board, without an | ||
| election, may borrow money on negotiable notes of the authority | ||
| payable solely from the revenue from any source, including: | ||
| (1) tolls, charges, and fees the authority imposes; | ||
| (2) the sale of water, water or sewer services, or any | ||
| other service or product of the authority; | ||
| (3) grants or gifts; | ||
| (4) the ownership and operation of all or a designated | ||
| part of the authority's works, improvements, facilities, plants, or | ||
| equipment; and | ||
| (5) contracts between the authority and any person. | ||
| (b) The notes may be first or subordinate lien notes at the | ||
| board's discretion. An obligation may not be a charge on the | ||
| property of the authority. An obligation may only be a charge on | ||
| revenue pledged for the payment of the obligation. (Acts 76th Leg., | ||
| R.S., Ch. 1029, Sec. 5.01.) | ||
| Sec. 8888.252. REVENUE AND BOND ANTICIPATION NOTES. (a) | ||
| The board may issue negotiable revenue anticipation notes or | ||
| negotiable bond anticipation notes to borrow the money needed by | ||
| the authority without advertising or giving notice of the sale. | ||
| (b) The board may also issue negotiable combination revenue | ||
| and bond anticipation notes. Negotiable combination revenue and | ||
| bond anticipation notes may contain any term authorized under this | ||
| section for revenue anticipation notes or bond anticipation notes. | ||
| (c) Any note issued must mature not later than one year | ||
| after its date of issuance. | ||
| (d) A revenue anticipation note: | ||
| (1) may be issued to enable the authority to carry out | ||
| any purpose authorized by this chapter; and | ||
| (2) must be secured by the proceeds of revenue to be | ||
| collected by the authority in the 12-month period following the | ||
| date of issuance of the note. | ||
| (e) The board may covenant with the purchasers of revenue | ||
| anticipation notes that the board will charge and collect | ||
| sufficient revenue to pay the principal of and interest on the notes | ||
| and pay the cost of collecting the revenue. | ||
| (f) A bond anticipation note may be issued: | ||
| (1) for any purpose for which a bond of the authority | ||
| may be issued; or | ||
| (2) to refund previously issued revenue or bond | ||
| anticipation notes. | ||
| (g) The authority may covenant with the purchasers of the | ||
| bond anticipation notes that the authority will use the proceeds of | ||
| the sale of any bonds in the process of issuance for the purpose of | ||
| refunding the bond anticipation notes, in which case the board | ||
| shall use the proceeds received from the sale of the bonds in the | ||
| process of issuance to pay the principal, interest, or redemption | ||
| price on the bond anticipation notes. | ||
| (h) For purposes of Section 1202.007, Government Code, a | ||
| note issued under this section is considered to be payable only out | ||
| of: | ||
| (1) current revenue collected in the year the note is | ||
| issued; or | ||
| (2) the proceeds of other public securities. (Acts | ||
| 76th Leg., R.S., Ch. 1029, Sec. 5.01A.) | ||
| Sec. 8888.253. BONDS AND NOTES. (a) To carry out a power | ||
| conferred by this chapter, the authority may issue bonds secured by | ||
| all or part of the revenue from any source, including any source | ||
| described by Section 8888.251(a). | ||
| (b) In issuing or securing a bond or note of the authority, | ||
| the authority may exercise any power of an issuer under Chapter | ||
| 1371, Government Code. | ||
| (c) The authority may conduct a public, private, or | ||
| negotiated sale of the bonds. | ||
| (d) The bonds must: | ||
| (1) be authorized by board resolution; | ||
| (2) be issued in the authority's name; | ||
| (3) be signed by the board president or vice | ||
| president; | ||
| (4) be attested by the board secretary; and | ||
| (5) bear the authority's seal or facsimile seal. | ||
| (e) The bonds may be secured by an indenture of trust with a | ||
| corporate trustee. | ||
| (f) The authority may issue bonds in more than one series as | ||
| required for carrying out the purposes of this chapter. In issuing | ||
| bonds secured by the authority's revenue, the authority may reserve | ||
| the right to issue additional bonds secured by the authority's | ||
| revenue that are on a parity with or are senior or subordinate to | ||
| the bonds issued earlier. | ||
| (g) The resolution authorizing the bonds or the trust | ||
| indenture securing the bonds may specify additional provisions that | ||
| constitute a contract between the authority and the authority's | ||
| bondholders. The board may provide for: | ||
| (1) additional bond provisions; and | ||
| (2) a corporate trustee or receiver to take possession | ||
| of the authority's facilities if the authority defaults. | ||
| (h) Section 49.181, Water Code, does not apply to bonds or | ||
| notes issued by the authority. (Acts 76th Leg., R.S., Ch. 1029, | ||
| Secs. 5.02(a), (b), (c), (d) (part), (e), (f), (g), (h).) | ||
| Sec. 8888.254. BONDS SECURED BY CONTRACT PROCEEDS: | ||
| APPROVAL. (a) If bonds issued under this subchapter are secured by | ||
| a pledge of the proceeds of a contract between the authority and a | ||
| municipality or other governmental agency, authority, or district, | ||
| the authority shall submit to the attorney general a copy of the | ||
| contract and the proceedings of the municipality or other | ||
| governmental agency, authority, or district authorizing the | ||
| contract. | ||
| (b) If the attorney general finds that the bonds have been | ||
| authorized and the contract has been made in accordance with law, | ||
| the attorney general shall approve the bonds and contract. (Acts | ||
| 76th Leg., R.S., Ch. 1029, Sec. 5.04 (part).) | ||
| Sec. 8888.255. REFUNDING BONDS. The provisions of this | ||
| subchapter regarding the issuance of other bonds, their security, | ||
| and the remedies of the holders apply to refunding bonds. (Acts | ||
| 76th Leg., R.S., Ch. 1029, Sec. 5.03.) | ||
| Sec. 8888.256. VALIDITY OF BONDS AFTER ADDITION OF | ||
| TERRITORY. The annexation or addition of territory to the | ||
| authority under Section 8888.052 or 8888.053 does not affect the | ||
| validity of bonds issued by the authority. (Acts 76th Leg., R.S., | ||
| Ch. 1029, Sec. 1.03(h).) | ||
| SECTION 1.05. Subtitle I, Title 6, Special District Local | ||
| Laws Code, is amended by adding Chapters 9048 and 9070 to read as | ||
| follows: | ||
| CHAPTER 9048. EL PASO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT | ||
| NO. 4 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 9048.001. DEFINITION | ||
| Sec. 9048.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
| Sec. 9048.003. DISTRICT TERRITORY | ||
| SUBCHAPTER B. POWERS AND DUTIES | ||
| Sec. 9048.051. GENERAL POWERS AND DUTIES | ||
| Sec. 9048.052. POWERS RELATING TO SANITARY SEWER | ||
| SYSTEM | ||
| SUBCHAPTER C. BONDS | ||
| Sec. 9048.101. BOND ELECTION REQUIRED | ||
| CHAPTER 9048. EL PASO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT | ||
| NO. 4 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 9048.001. DEFINITION. In this chapter, "district" | ||
| means the El Paso County Water Control and Improvement District | ||
| No. 4. (Acts 54th Leg., R.S., Ch. 58, Sec. 2A(a).) | ||
| Sec. 9048.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
| The district is created to serve a public use and benefit. | ||
| (b) Except for property owned by a railroad or public | ||
| utility that does not use the facilities of the district, all land | ||
| included in the boundaries of the district will be benefited. (Acts | ||
| 54th Leg., R.S., Ch. 58, Sec. 2 (part).) | ||
| Sec. 9048.003. DISTRICT TERRITORY. (a) The district is | ||
| composed of the territory described by Section 1, Chapter 268, Acts | ||
| of the 82nd Legislature, Regular Session, 2011, as that territory | ||
| may have been modified under: | ||
| (1) Subchapter O, Chapter 51, Water Code; | ||
| (2) Subchapter J, Chapter 49, Water Code; or | ||
| (3) other law. | ||
| (b) The boundaries and field notes of the district form a | ||
| closure. A mistake made in the field notes or in copying the field | ||
| notes in the legislative process does not affect: | ||
| (1) the district's organization, existence, or | ||
| validity; | ||
| (2) the district's right to issue any type of bond for | ||
| a purpose for which the district is created or to pay the principal | ||
| of and interest on the bond; | ||
| (3) the district's right to impose a tax; or | ||
| (4) the legality or operation of the district. (Acts | ||
| 54th Leg., R.S., Ch. 58, Secs. 2A(b), (c); New.) | ||
| SUBCHAPTER B. POWERS AND DUTIES | ||
| Sec. 9048.051. GENERAL POWERS AND DUTIES. Except as | ||
| otherwise provided by this chapter, the district has all the | ||
| rights, powers, privileges, and duties, including the control of | ||
| storm and flood waters, provided by general law applicable to a | ||
| water control and improvement district created under Section 59, | ||
| Article XVI, Texas Constitution, including Chapters 49 and 51, | ||
| Water Code. (Acts 54th Leg., R.S., Ch. 58, Sec. 1 (part), Sec. 3 | ||
| (part); New.) | ||
| Sec. 9048.052. POWERS RELATING TO SANITARY SEWER SYSTEM. | ||
| The district may construct, maintain, and operate a sanitary sewer | ||
| system. (Acts 54th Leg., R.S., Ch. 58, Sec. 1 (part).) | ||
| SUBCHAPTER C. BONDS | ||
| Sec. 9048.101. BOND ELECTION REQUIRED. The district may | ||
| not issue bonds unless the bonds are authorized by a majority of the | ||
| voters of the district voting at an election held for that purpose. | ||
| (Acts 54th Leg., R.S., Ch. 58, Sec. 2 (part).) | ||
| CHAPTER 9070. FAYETTE COUNTY WATER CONTROL AND IMPROVEMENT | ||
| DISTRICT-MONUMENT HILL | ||
| Sec. 9070.001. DEFINITION | ||
| Sec. 9070.002. EXCLUSION OF TERRITORY | ||
| Sec. 9070.003. RIGHTS OF BONDHOLDERS | ||
| Sec. 9070.004. TAX LIABILITY OF EXCLUDED TERRITORY | ||
| CHAPTER 9070. FAYETTE COUNTY WATER CONTROL AND IMPROVEMENT | ||
| DISTRICT-MONUMENT HILL | ||
| Sec. 9070.001. DEFINITION. In this chapter, "district" | ||
| means the Fayette County Water Control and Improvement | ||
| District-Monument Hill. (Acts 72nd Leg., R.S., Ch. 316, Sec. 1.) | ||
| Sec. 9070.002. EXCLUSION OF TERRITORY. The boundaries of | ||
| the district exclude the approximately 100 acres of territory | ||
| previously included in the district that are located across | ||
| Buckners Creek from the district. (Acts 72nd Leg., R.S., Ch. 316, | ||
| Sec. 2.) | ||
| Sec. 9070.003. RIGHTS OF BONDHOLDERS. The exclusion of | ||
| territory under this chapter does not diminish or impair the rights | ||
| of the holders of any outstanding and unpaid bonds, warrants, or | ||
| other certificates of indebtedness of the district. (Acts 72nd | ||
| Leg., R.S., Ch. 316, Sec. 3.) | ||
| Sec. 9070.004. TAX LIABILITY OF EXCLUDED TERRITORY. (a) | ||
| Territory excluded from the district under Section 9070.002 is not | ||
| released from the payment of its pro rata share of the district's | ||
| debt. | ||
| (b) The district shall continue to impose taxes each year on | ||
| the excluded territory at the same rate imposed on other district | ||
| property until the taxes collected from the excluded territory | ||
| equal its pro rata share of the district's debt at the time the | ||
| territory was excluded. The taxes collected shall be applied | ||
| exclusively to the payment of the excluded territory's pro rata | ||
| share of the debt. | ||
| (c) The owner of all or part of the excluded territory may | ||
| pay in full, at any time, the owner's share of the pro rata share of | ||
| the district's debt. (Acts 72nd Leg., R.S., Ch. 316, Sec. 4.) | ||
| ARTICLE 2. CONFORMING AMENDMENTS | ||
| SECTION 2.01. Section 1, Chapter 498, Acts of the 54th | ||
| Legislature, Regular Session, 1955, is amended to read as follows: | ||
| Sec. 1. The [ |
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| Groundwater Conservation District is[ |
||
| territories situated within all or a portion of the Texas Counties | ||
| of Dallam, Hansford, Hartley, Hutchinson, Lipscomb, Moore, | ||
| Ochiltree and Sherman, the boundaries of said District being | ||
| described by metes and bounds in order canvassing returns and | ||
| declaring results of confirmation election, dated January 27, 1955, | ||
| recorded in Volume 1, Page 53, of the Ground Water Conservation | ||
| Records of Ochiltree County, Texas, and recorded in Volume 119, | ||
| Page 21 of the Deed Records of Ochiltree County, Texas[ |
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| ARTICLE 3. REPEALERS | ||
| SECTION 3.01. The following statutes are repealed: | ||
| (1) Chapter 46, Acts of the 54th Legislature, Regular | ||
| Session, 1955; | ||
| (2) Chapter 1168, Acts of the 71st Legislature, | ||
| Regular Session, 1989; | ||
| (3) Chapter 21, Acts of the 68th Legislature, Regular | ||
| Session, 1983; | ||
| (4) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, | ||
| 15, 16, 17, 18, 19, 20, 21, and 22, Chapter 141, Acts of the 54th | ||
| Legislature, Regular Session, 1955; | ||
| (5) Sections 1, 2(c), 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, | ||
| 13, 14, 15, 16A, 16B, 16C, 16D, 16E, 16F, and 16G, Chapter 1081, | ||
| Acts of the 68th Legislature, Regular Session, 1983; | ||
| (6) Sections 3, 4, 5, and 6, Chapter 600, Acts of the | ||
| 70th Legislature, Regular Session, 1987; | ||
| (7) Chapter 318, Acts of the 72nd Legislature, Regular | ||
| Session, 1991; | ||
| (8) Chapter 1200, Acts of the 75th Legislature, | ||
| Regular Session, 1997; | ||
| (9) Chapter 350, Acts of the 81st Legislature, Regular | ||
| Session, 2009; | ||
| (10) Chapter 524, Acts of the 71st Legislature, | ||
| Regular Session, 1989; | ||
| (11) Chapter 22, Acts of the 77th Legislature, Regular | ||
| Session, 2001; | ||
| (12) Chapter 64, Acts of the 81st Legislature, Regular | ||
| Session, 2009; | ||
| (13) Sections 1, 1A, 2, 4, 5, 6, 7, 8, 9, 10A, 10B, 11, | ||
| and 12, Chapter 712, Acts of the 71st Legislature, Regular Session, | ||
| 1989; | ||
| (14) Chapter 1123, Acts of the 80th Legislature, | ||
| Regular Session, 2007; | ||
| (15) Chapter 368, Acts of the 74th Legislature, | ||
| Regular Session, 1995; | ||
| (16) Chapter 658, Acts of the 82nd Legislature, | ||
| Regular Session, 2011; | ||
| (17) Chapter 669, Acts of the 71st Legislature, | ||
| Regular Session, 1989; | ||
| (18) Chapter 673, Acts of the 71st Legislature, | ||
| Regular Session, 1989; | ||
| (19) Chapter 653, Acts of the 71st Legislature, | ||
| Regular Session, 1989; | ||
| (20) Chapter 879, Acts of the 81st Legislature, | ||
| Regular Session, 2009; | ||
| (21) Chapter 519, Acts of the 71st Legislature, | ||
| Regular Session, 1989; | ||
| (22) Chapter 1173, Acts of the 79th Legislature, | ||
| Regular Session, 2005; | ||
| (23) Chapter 46, Acts of the 72nd Legislature, Regular | ||
| Session, 1991; | ||
| (24) Chapter 377, Acts of the 69th Legislature, | ||
| Regular Session, 1985; | ||
| (25) Chapter 757, Acts of the 72nd Legislature, | ||
| Regular Session, 1991; | ||
| (26) Sections 1A, 2, 3, 4, 4a, and 5, Chapter 498, Acts | ||
| of the 54th Legislature, Regular Session, 1955; | ||
| (27) Chapter 760, Acts of the 68th Legislature, | ||
| Regular Session, 1983; | ||
| (28) Chapter 63, Acts of the 69th Legislature, Regular | ||
| Session, 1985; | ||
| (29) Sections 2, 3, 4, and 5, Chapter 1152, Acts of the | ||
| 76th Legislature, Regular Session, 1999; | ||
| (30) Chapter 644, Acts of the 84th Legislature, | ||
| Regular Session, 2015; | ||
| (31) Sections 1.01, 1.02, 1.03(d), 1.03(f), 1.03(g), | ||
| 1.03(h), 1.045, 1.05, and 1.06, Chapter 1029, Acts of the 76th | ||
| Legislature, Regular Session, 1999; | ||
| (32) Articles 2, 3, 4, 5, and 6, Chapter 1029, Acts of | ||
| the 76th Legislature, Regular Session, 1999; | ||
| (33) Chapter 232, Acts of the 77th Legislature, | ||
| Regular Session, 2001; | ||
| (34) Article 12, Chapter 966, Acts of the 77th | ||
| Legislature, Regular Session, 2001; | ||
| (35) Section 13.04, Chapter 966, Acts of the 77th | ||
| Legislature, Regular Session, 2001; | ||
| (36) Sections 1, 3, 4, 5, 6, and 7, Chapter 1296, Acts | ||
| of the 77th Legislature, Regular Session, 2001; | ||
| (37) Sections 39 and 40, Chapter 1423, Acts of the 77th | ||
| Legislature, Regular Session, 2001; | ||
| (38) Chapter 381, Acts of the 78th Legislature, | ||
| Regular Session, 2003; | ||
| (39) Section 2, Chapter 271, Acts of the 79th | ||
| Legislature, Regular Session, 2005; | ||
| (40) Sections 2, 3, 4, 5, and 7, Chapter 321, Acts of | ||
| the 82nd Legislature, Regular Session, 2011; | ||
| (41) Chapter 723, Acts of the 83rd Legislature, | ||
| Regular Session, 2013; | ||
| (42) Chapter 1343, Acts of the 79th Legislature, | ||
| Regular Session, 2005; | ||
| (43) Section 199, Chapter 1163, Acts of the 82nd | ||
| Legislature, Regular Session, 2011; | ||
| (44) Sections 1, 2, 2A(a), 2A(b), 2A(c), 3, and 4, | ||
| Chapter 58, Acts of the 54th Legislature, Regular Session, 1955; | ||
| (45) Chapter 491, Acts of the 54th Legislature, | ||
| Regular Session, 1955; | ||
| (46) Section 2, Chapter 268, Acts of the 82nd | ||
| Legislature, Regular Session, 2011; | ||
| (47) Chapter 316, Acts of the 72nd Legislature, | ||
| Regular Session, 1991; and | ||
| (48) Sections 2, 3, 6, 7, 8, 9, 10, 11, 13, and 14, | ||
| Chapter 1196, Acts of the 84th Legislature, Regular Session, 2015. | ||
| ARTICLE 4. GENERAL MATTERS | ||
| SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE. | ||
| This Act is enacted under Section 43, Article III, Texas | ||
| Constitution. This Act is intended as a codification only, and no | ||
| substantive change in the law is intended by this Act. This Act | ||
| does not increase or decrease the territory of any special district | ||
| of the state as those boundaries exist on the effective date of this | ||
| Act. | ||
| SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS | ||
| LAW. (a) The repeal of a law, including a validating law, by this | ||
| Act does not remove, void, or otherwise affect in any manner a | ||
| validation under the repealed law. The validation is preserved and | ||
| continues to have the same effect that it would have if the law were | ||
| not repealed. | ||
| (b) Subsection (a) of this section does not diminish the | ||
| saving provisions prescribed by Section 311.031, Government Code. | ||
| SECTION 4.03. EFFECTIVE DATE. This Act takes effect April | ||
| 1, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2803 was passed by the House on April | ||
| 20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2803 was passed by the Senate on May | ||
| 24, 2017, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
