Bill Text: TX HB4172 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the nonsubstantive revision of certain local laws concerning water and wastewater special districts, including conforming amendments.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-07 - Effective on . . . . . . . . . . . . . . . April 1, 2021 [HB4172 Detail]
Download: Texas-2019-HB4172-Enrolled.html
H.B. No. 4172 |
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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. NAVIGATION DISTRICTS AND PORT AUTHORITIES. | ||
Subtitle A, Title 5, Special District Local Laws Code, is amended by adding Chapters 5012, 5016, 5018, and 5019 to read as follows: | ||
CHAPTER 5012. SABINE PASS PORT AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 5012.0001. DEFINITIONS | ||
Sec. 5012.0002. LEGISLATIVE FINDINGS OF PURPOSE AND | ||
BENEFIT | ||
Sec. 5012.0003. AUTHORITY TERRITORY | ||
SUBCHAPTER B. AUTHORITY ADMINISTRATION | ||
Sec. 5012.0051. COMMISSION; TERMS; ELECTION | ||
Sec. 5012.0052. QUALIFICATIONS FOR OFFICE | ||
Sec. 5012.0053. NOTICE OF COMMISSIONERS' ELECTION | ||
Sec. 5012.0054. ELECTION RESULTS | ||
Sec. 5012.0055. COMMISSIONERS' OATH AND BOND | ||
Sec. 5012.0056. VOTING REQUIREMENT | ||
Sec. 5012.0057. OFFICERS | ||
Sec. 5012.0058. COMPENSATION OF COMMISSIONERS; | ||
EXPENSES | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 5012.0101. GENERAL POWERS | ||
Sec. 5012.0102. POWERS REGARDING PORTS, WATERWAYS, AND | ||
FACILITIES | ||
Sec. 5012.0103. BYLAWS AND RULES | ||
Sec. 5012.0104. GIFT OR PURCHASE OF PROPERTY | ||
Sec. 5012.0105. EMINENT DOMAIN | ||
Sec. 5012.0106. LEASE OF AUTHORITY FACILITIES | ||
Sec. 5012.0107. SALE OF SURPLUS PROPERTY | ||
Sec. 5012.0108. GENERAL AUTHORITY TO MAKE CONTRACTS | ||
AND EXECUTE INSTRUMENTS | ||
Sec. 5012.0109. COMPETITIVE BIDDING FOR CERTAIN | ||
CONTRACTS | ||
Sec. 5012.0110. OFFICERS, AGENTS, AND EMPLOYEES | ||
Sec. 5012.0111. SEAL | ||
Sec. 5012.0112. AUTHORITY TO SUE AND BE SUED | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 5012.0151. MAINTENANCE AND OPERATIONS TAX | ||
Sec. 5012.0152. TAX ASSESSOR AND COLLECTOR | ||
Sec. 5012.0153. AUTHORITY TO BORROW MONEY, ACCEPT | ||
GRANTS, AND ISSUE ASSOCIATED REVENUE | ||
BONDS | ||
Sec. 5012.0154. AUTHORITY TO BORROW MONEY FOR CURRENT | ||
EXPENSES; EVIDENCE OF OBLIGATION | ||
SUBCHAPTER E. BONDS | ||
Sec. 5012.0201. AUTHORITY TO ISSUE BONDS; ELECTION | ||
Sec. 5012.0202. FORM OF BONDS | ||
Sec. 5012.0203. TERMS OF ISSUANCE | ||
Sec. 5012.0204. DEPOSIT OF PROCEEDS | ||
Sec. 5012.0205. RESOLUTION PROVISIONS | ||
Sec. 5012.0206. BOND ANTICIPATION NOTES | ||
Sec. 5012.0207. REFUNDING BONDS | ||
CHAPTER 5012. SABINE PASS PORT AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 5012.0001. DEFINITIONS. In this chapter: | ||
(1) "Authority" means the Sabine Pass Port Authority. | ||
(2) "Commission" means the authority's port | ||
commission. | ||
(3) "Commissioner" means a commission member. (Acts | ||
63rd Leg., R.S., Ch. 379, Secs. 1 (part), 2 (part).) | ||
Sec. 5012.0002. LEGISLATIVE FINDINGS OF PURPOSE AND | ||
BENEFIT. (a) The authority is a port district essential to | ||
accomplish the purposes of Section 59, Article XVI, Texas | ||
Constitution. | ||
(b) All territory in the authority benefits from the | ||
authority's improvements, works, and facilities. (Acts 63rd Leg., | ||
R.S., Ch. 379, Sec. 1 (part).) | ||
Sec. 5012.0003. AUTHORITY TERRITORY. The authority is | ||
composed of the territory in Jefferson County described by Section | ||
1, Chapter 379, Acts of the 63rd Legislature, 1973, as that | ||
territory may have been modified under: | ||
(1) Subchapter H, Chapter 62, Water Code; or | ||
(2) other law. (Acts 63rd Leg., R.S., Ch. 379, Sec. 1 | ||
(part); New.) | ||
SUBCHAPTER B. AUTHORITY ADMINISTRATION | ||
Sec. 5012.0051. COMMISSION; TERMS; ELECTION. (a) The | ||
authority is governed by a commission composed of five elected | ||
commissioners. | ||
(b) Commissioners serve staggered two-year terms, with two | ||
commissioners elected in each even-numbered year and three | ||
commissioners elected in each odd-numbered year. | ||
(c) The commission: | ||
(1) is the authority's governing body; and | ||
(2) has the powers conferred on navigation and canal | ||
commissioners of navigation districts and the commissioners court | ||
by the Water Code. (Acts 63rd Leg., R.S., Ch. 379, Secs. 2(2) | ||
(part), 4 (part), 5 (part).) | ||
Sec. 5012.0052. QUALIFICATIONS FOR OFFICE. Each | ||
commissioner must: | ||
(1) be a resident of the authority; | ||
(2) own taxable property in the authority; and | ||
(3) be a qualified voter. (Acts 63rd Leg., R.S., Ch. | ||
379, Sec. 4 (part).) | ||
Sec. 5012.0053. NOTICE OF COMMISSIONERS' ELECTION. Notice | ||
of a commissioner's election shall be given by publishing notice | ||
once each week for two consecutive weeks in a newspaper with general | ||
circulation in the authority, with the first publication being made | ||
not earlier than the 60th day before the date of the election, and | ||
not later than the 21st day before the date of the election. (Acts | ||
63rd Leg., R.S., Ch. 379, Sec. 5 (part).) | ||
Sec. 5012.0054. ELECTION RESULTS. As soon as practicable | ||
after each election held by the authority, the commission shall | ||
declare the results of the election. (Acts 63rd Leg., R.S., Ch. | ||
379, Sec. 6 (part).) | ||
Sec. 5012.0055. COMMISSIONERS' OATH AND BOND. (a) Each | ||
commissioner shall: | ||
(1) take an oath of office that contains the | ||
applicable provisions provided by law for members of the | ||
commissioners court; and | ||
(2) execute a bond for $10,000 payable to the | ||
authority, conditioned on the faithful performance of the | ||
commissioner's duties as a commissioner. | ||
(b) A commissioner's bond must be approved by the | ||
commission. (Acts 63rd Leg., R.S., Ch. 379, Sec. 6 (part).) | ||
Sec. 5012.0056. VOTING REQUIREMENT. The concurrence of a | ||
majority of the commissioners present at a meeting where a quorum is | ||
present is sufficient in any matter relating to authority business. | ||
(Acts 63rd Leg., R.S., Ch. 379, Sec. 6 (part).) | ||
Sec. 5012.0057. OFFICERS. (a) As soon as practicable after | ||
each election of commissioners, the commission shall elect one | ||
commissioner presiding officer and one commissioner secretary. | ||
(b) The presiding officer shall preside at commission | ||
meetings. | ||
(c) The secretary shall be responsible for maintaining and | ||
preserving the minutes, records, and other documents of the | ||
authority. | ||
(d) The commission may select other officers and prescribe | ||
their duties. (Acts 63rd Leg., R.S., Ch. 379, Sec. 6 (part).) | ||
Sec. 5012.0058. COMPENSATION OF COMMISSIONERS; EXPENSES. | ||
(a) Unless otherwise provided, each commissioner is entitled to | ||
receive a fee of not more than $50 a day for each day of service | ||
necessary to discharge the duties of a commissioner. | ||
(b) Each commissioner is entitled to reimbursement for | ||
actual expenses incurred on behalf of the authority and approved by | ||
the commission. (Acts 63rd Leg., R.S., Ch. 379, Sec. 6 (part).) | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 5012.0101. GENERAL POWERS. The authority may | ||
exercise: | ||
(1) the rights, privileges, and functions provided by | ||
this chapter; and | ||
(2) all powers, rights, privileges, and functions | ||
conferred by Chapters 60 and 62, Water Code. (Acts 63rd Leg., R.S., | ||
Ch. 379, Secs. 1 (part), 3 (part).) | ||
Sec. 5012.0102. POWERS REGARDING PORTS, WATERWAYS, AND | ||
FACILITIES. The authority may: | ||
(1) acquire, take over, construct, maintain, repair, | ||
operate, develop, and regulate wharves, docks, warehouses, grain | ||
elevators, ship repair facilities, belt railways, lands, and all | ||
other facilities or aids consistent with or necessary for the | ||
operation or development of ports, waterways, or maritime commerce | ||
inside or outside the authority's boundaries; and | ||
(2) construct, extend, improve, repair, maintain, | ||
reconstruct, own, use, and operate any facility necessary or | ||
convenient to the exercise of such powers, rights, privileges, and | ||
functions granted by this chapter. (Acts 63rd Leg., R.S., Ch. 379, | ||
Sec. 3 (part).) | ||
Sec. 5012.0103. BYLAWS AND RULES. The authority may adopt | ||
bylaws and rules for the management and regulation of its affairs. | ||
(Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).) | ||
Sec. 5012.0104. GIFT OR PURCHASE OF PROPERTY. The | ||
authority by gift or purchase may acquire any property or any | ||
interest in property that is: | ||
(1) inside or outside the authority's boundaries; and | ||
(2) necessary or convenient to exercising a power, | ||
right, privilege, or function conferred on the authority by this | ||
chapter. (Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).) | ||
Sec. 5012.0105. EMINENT DOMAIN. (a) To exercise a power | ||
provided by law, the authority may exercise the power of eminent | ||
domain to acquire any property and any interest in property inside | ||
the authority's boundaries. The authority must exercise the power | ||
of eminent domain in the manner provided by Chapter 21, Property | ||
Code. | ||
(b) The authority is a municipal corporation for the | ||
purposes of Section 21.021, Property Code. | ||
(c) The authority is not required to give bond for appeal or | ||
bond for costs in any judicial proceeding related to the | ||
authority's exercise of eminent domain. | ||
(d) The authority's authority to exercise the power of | ||
eminent domain expired on September 1, 2013, unless the authority | ||
submitted a letter to the comptroller in accordance with Section | ||
2206.101(b), Government Code, not later than December 31, 2012. | ||
(Acts 63rd Leg., R.S., Ch. 379, Secs. 3 (part), 11; New.) | ||
Sec. 5012.0106. LEASE OF AUTHORITY FACILITIES. A lease | ||
under Section 60.101, Water Code, may contain any provision the | ||
commission determines is advantageous to the authority, including a | ||
provision for: | ||
(1) the sale of a leased property at the termination of | ||
the lease; and | ||
(2) the management and operation of a leased property | ||
by the lessee. (Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).) | ||
Sec. 5012.0107. SALE OF SURPLUS PROPERTY. The commission | ||
may order authority property sold as provided in Section 60.101, | ||
Water Code, if the property is not considered reasonably required | ||
to carry out the authority's plans. (Acts 63rd Leg., R.S., Ch. 379, | ||
Sec. 3 (part).) | ||
Sec. 5012.0108. GENERAL AUTHORITY TO MAKE CONTRACTS AND | ||
EXECUTE INSTRUMENTS. The authority may make a contract or execute | ||
an instrument necessary or convenient to exercising a power, right, | ||
privilege, or function conferred on the authority by this chapter. | ||
(Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).) | ||
Sec. 5012.0109. COMPETITIVE BIDDING FOR CERTAIN CONTRACTS. | ||
(a) Before the commission enters into a contract for the | ||
expenditure of an amount of $25,000 or more, the authority shall | ||
submit the proposed contract for competitive bids as provided by | ||
this section. | ||
(b) The commission shall publish notice of the time and | ||
place for the opening of sealed bids on a contract described by | ||
Subsection (a) in one or more newspapers of general circulation in | ||
this state, one of which must be a newspaper published in Jefferson | ||
County. The notice must be published once a week for two | ||
consecutive weeks, with the first publication being made not later | ||
than the 14th day before the date set for the opening of bids. | ||
(c) The commission may reject any bid submitted under this | ||
section, but if the commission accepts a bid, the bid must be the | ||
lowest and best bid received. | ||
(d) This section does not apply to: | ||
(1) improvements performed by the United States; | ||
(2) emergencies that require immediate action to | ||
protect persons or property; | ||
(3) necessary emergency repairs to authority | ||
property; or | ||
(4) contracts for personal or professional services or | ||
work done by the authority and paid for by the day as the work | ||
progresses. (Acts 63rd Leg., R.S., Ch. 379, Sec. 9.) | ||
Sec. 5012.0110. OFFICERS, AGENTS, AND EMPLOYEES. The | ||
authority may employ, prescribe the duties of, and set the | ||
compensation of officers, agents, and employees. (Acts 63rd Leg., | ||
R.S., Ch. 379, Sec. 3 (part).) | ||
Sec. 5012.0111. SEAL. The authority may adopt and use a | ||
corporate seal. (Acts 63rd Leg., R.S., Ch. 379, Sec. 3 (part).) | ||
Sec. 5012.0112. AUTHORITY TO SUE AND BE SUED. The authority | ||
may sue and be sued in its corporate name. (Acts 63rd Leg., R.S., | ||
Ch. 379, Sec. 3 (part).) | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 5012.0151. MAINTENANCE AND OPERATIONS TAX. The | ||
commission may impose an annual tax for the maintenance and | ||
operation of the authority and the authority's improvements at a | ||
rate not to exceed 20 cents for each $100 valuation of taxable | ||
property in the authority. (Acts 63rd Leg., R.S., Ch. 379, Sec. 10 | ||
(part).) | ||
Sec. 5012.0152. TAX ASSESSOR AND COLLECTOR. (a) The | ||
commission shall appoint a tax assessor and collector. | ||
(b) The tax assessor and collector shall execute a bond in | ||
an amount set by the commission that is: | ||
(1) at least twice the average daily balance of the | ||
authority in its depository for the preceding year; and | ||
(2) not more than the estimated amount of revenues of | ||
the authority for any year. (Acts 63rd Leg., R.S., Ch. 379, Sec. | ||
7.) | ||
Sec. 5012.0153. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS, | ||
AND ISSUE ASSOCIATED REVENUE BONDS. The authority may: | ||
(1) borrow money for the authority's corporate | ||
purposes consistent with the constitution, this chapter, and | ||
Chapters 60-63, Water Code; | ||
(2) borrow money or accept a grant from the United | ||
States or from a corporation or agency created or designated by the | ||
United States and, in connection with the loan or grant, enter into | ||
any agreement the United States or the corporation or agency may | ||
require; and | ||
(3) make and issue bonds for money borrowed, in the | ||
manner provided by this chapter. (Acts 63rd Leg., R.S., Ch. 379, | ||
Sec. 3 (part).) | ||
Sec. 5012.0154. AUTHORITY TO BORROW MONEY FOR CURRENT | ||
EXPENSES; EVIDENCE OF OBLIGATION. (a) The authority may: | ||
(1) borrow money for current expenses; and | ||
(2) evidence the borrowed money by warrants. | ||
(b) The total amount of the warrants may not exceed the | ||
anticipated revenue. (Acts 63rd Leg., R.S., Ch. 379, Sec. 3 | ||
(part).) | ||
SUBCHAPTER E. BONDS | ||
Sec. 5012.0201. AUTHORITY TO ISSUE BONDS; ELECTION. (a) | ||
The authority may issue bonds for any corporate purpose. | ||
(b) The authority may issue bonds for a purpose described by | ||
Section 5012.0102(1) or to acquire necessary or proper lands, | ||
rights of way, extension or improvements of belt railway lines, or | ||
construction or improvements of wharves, docks, ship repair | ||
facilities, or other facilities or aids to navigation. | ||
(c) The authority may secure bonds issued under Subsection | ||
(b) by liens on properties acquired, constructed, or improved and | ||
pledge available revenues as additional security. | ||
(d) An election to approve the issuance of bonds payable | ||
from taxes must be held in the manner provided for bond elections | ||
under Chapter 54, Water Code. (Acts 63rd Leg., R.S., Ch. 379, Secs. | ||
3 (part), 8 (part).) | ||
Sec. 5012.0202. FORM OF BONDS. Authority bonds must be: | ||
(1) issued in the authority's name; and | ||
(2) signed by the commission's presiding officer. | ||
(Acts 63rd Leg., R.S., Ch. 379, Sec. 8 (part).) | ||
Sec. 5012.0203. TERMS OF ISSUANCE. Authority bonds may be: | ||
(1) sold for cash; | ||
(2) issued on terms the commission determines in | ||
exchange for any property, or any interest in property, that the | ||
commission considers necessary or convenient for the corporate | ||
purpose for which the bonds are issued; or | ||
(3) issued in exchange for like principal amounts of | ||
other obligations of the authority, whether matured or unmatured. | ||
(Acts 63rd Leg., R.S., Ch. 379, Sec. 8 (part).) | ||
Sec. 5012.0204. DEPOSIT OF PROCEEDS. The proceeds of sale | ||
of authority bonds shall be deposited in one or more banks or trust | ||
companies, and shall be paid out according to the terms on which the | ||
authority and the purchasers of the bonds agree. (Acts 63rd Leg., | ||
R.S., Ch. 379, Sec. 8 (part).) | ||
Sec. 5012.0205. RESOLUTION PROVISIONS. (a) A resolution | ||
authorizing bonds may contain provisions approved by the commission | ||
that are not inconsistent with this chapter, including provisions: | ||
(1) reserving the right to redeem the bonds or | ||
requiring the redemption of the bonds, at a time, in an amount, and | ||
at a price, not to exceed 105 percent of the principal amount of the | ||
bonds, plus accrued interest; | ||
(2) providing for the setting aside of sinking funds | ||
or reserve funds and the regulation and disposition of those funds; | ||
(3) securing the payment of the principal of and | ||
interest on the bonds and of the sinking fund or reserve fund | ||
payments associated with the bonds by pledging: | ||
(A) all or any part of the gross or net revenue | ||
subsequently received by the authority with respect to the property | ||
to be acquired or constructed with the bonds or the proceeds of the | ||
bonds; or | ||
(B) all or any part of the gross or net revenue | ||
subsequently received by the authority from any source; | ||
(4) securing the payment of the principal of and | ||
interest on the bonds by pledging taxes; | ||
(5) prescribing the purposes to which the bonds or any | ||
bonds subsequently issued, or the proceeds of the bonds, may be | ||
applied; | ||
(6) agreeing to set and collect rates and charges | ||
sufficient to produce revenue adequate to: | ||
(A) pay all expenses necessary to the operation, | ||
maintenance, and replacement of and additions to the authority's | ||
property; | ||
(B) pay the principal of, and the interest and | ||
premium, if any, on bonds issued under this chapter when the bonds | ||
become due and payable; | ||
(C) pay all sinking fund or reserve fund payments | ||
for those bonds out of those revenues as and when they become due | ||
and payable; | ||
(D) fulfill the terms of any agreements made with | ||
the holders of the bonds or with any person on their behalf; and | ||
(E) discharge all other lawful obligations of the | ||
authority as and when the obligations become due; | ||
(7) prescribing limitations on the issuance of | ||
additional bonds and subordinate lien bonds and on the agreements | ||
that may be made with the purchasers and successive holders of those | ||
bonds; | ||
(8) regarding the construction, extension, | ||
improvement, reconstruction, operation, maintenance, and repair of | ||
the authority's properties and the carrying of insurance on all or | ||
any part of those properties covering loss, damage, or loss of use | ||
and occupancy resulting from specified risks; | ||
(9) setting the procedure by which the authority may | ||
change the terms of a contract with the bondholders, the amount of | ||
bonds the holders of which must consent to that change, and the | ||
manner in which the consent may be given; and | ||
(10) providing for the execution and delivery by the | ||
authority to a bank or trust company authorized by law to accept | ||
trusts, or to the United States or any officer of the United States, | ||
of indentures and agreements for the benefit of the bondholders | ||
setting forth any of the agreements authorized by this chapter to be | ||
made with or for the benefit of the bondholders and any other | ||
provisions that are customary in such indentures or agreements. | ||
(b) A provision authorized by this section that is contained | ||
in a bond resolution is part of the contract between the authority | ||
and the bondholders. (Acts 63rd Leg., R.S., Ch. 379, Sec. 8 (part).) | ||
Sec. 5012.0206. BOND ANTICIPATION NOTES. (a) The | ||
commission may declare an emergency because money is not available | ||
to meet any of the authority's needs, including to pay the principal | ||
of and interest on authority bonds. | ||
(b) Bond anticipation notes may bear interest at a rate not | ||
to exceed 10 percent and must mature not later than one year after | ||
the date of issuance. | ||
(c) Bond anticipation notes issued by the authority must be | ||
taken up with the proceeds of the bonds, or the bonds may be issued | ||
and delivered in exchange for the bond anticipation notes. (Acts | ||
63rd Leg., R.S., Ch. 379, Sec. 8 (part).) | ||
Sec. 5012.0207. REFUNDING BONDS. (a) The authority may | ||
make and issue bonds for the purpose of refunding or refinancing | ||
outstanding bonds authorized and issued by the authority under this | ||
chapter or other law and the interest and any premium on the bonds | ||
to maturity or on any earlier redemption date specified in the | ||
resolution authorizing the issuance of the refunding bonds. | ||
(b) Refunding bonds issued by the authority may: | ||
(1) be issued to refund more than one series of | ||
outstanding bonds; | ||
(2) combine the pledges of the outstanding bonds for | ||
the security of the refunding bonds; or | ||
(3) be secured by other or additional revenue. | ||
(c) The provisions of this chapter regarding the issuance of | ||
bonds, the terms and provisions of bonds, and the remedies of the | ||
bondholders apply to refunding bonds issued by the authority. | ||
(d) The comptroller shall register the refunding bonds | ||
issued by the authority on the surrender and cancellation of the | ||
bonds to be refunded. | ||
(e) Instead of issuing bonds to be registered on the | ||
surrender and cancellation of the bonds to be refunded, the | ||
authority, in the resolution authorizing the issuance of refunding | ||
bonds, may provide for the sale of the refunding bonds and the | ||
deposit of the proceeds at the places at which the bonds to be | ||
refunded are payable. In that case, the refunding bonds may be | ||
issued in an amount sufficient to pay the interest and premium, if | ||
any, on the bonds to be refunded to the bonds' maturity date or | ||
specified earlier redemption date, and the comptroller shall | ||
register the refunding bonds without the concurrent surrender and | ||
cancellation of the bonds to be refunded. | ||
(f) The authority may also refund outstanding bonds in the | ||
manner provided by Chapters 60-63, Water Code. (Acts 63rd Leg., R.S., Ch. 379, Sec. 8 (part).) | ||
CHAPTER 5016. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, | ||
TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 5016.0001. DEFINITIONS | ||
Sec. 5016.0002. FORMER NAME OF AUTHORITY | ||
SUBCHAPTER B. PORT COMMISSION | ||
Sec. 5016.0051. COMPOSITION OF PORT COMMISSION | ||
Sec. 5016.0052. APPOINTMENT OF PORT COMMISSIONERS; | ||
TERMS; ELIGIBILITY | ||
Sec. 5016.0053. FILING OF FINANCIAL STATEMENT BY PORT | ||
COMMISSIONERS | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 5016.0101. USE AND DISPOSITION OF NAVAL PROPERTY | ||
Sec. 5016.0102. ELECTIONS | ||
Sec. 5016.0103. SECURITY AND LAW ENFORCEMENT | ||
Sec. 5016.0104. CONTRACTS FOR SECURITY AND LAW | ||
ENFORCEMENT SERVICES | ||
CHAPTER 5016. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, | ||
TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 5016.0001. DEFINITIONS. In this chapter: | ||
(1) "Adjacent property" means the approximately 433 | ||
acres that the authority owns in San Patricio County that is bounded | ||
on the east by the western boundary of the former Naval Station | ||
Ingleside, on the north by Farm-to-Market Road 1069, on the west by | ||
the corporate limits of the City of Ingleside on the Bay, and on the | ||
south by the corporate limits of the City of Ingleside on the Bay | ||
and the north shoreline of Corpus Christi Bay. The term does not | ||
include property: | ||
(A) that the authority purchased from this state | ||
under former Article 8225, Revised Statutes; or | ||
(B) that was granted to the authority by this | ||
state under any general or special law. | ||
(2) "Authority" means the Port of Corpus Christi | ||
Authority of Nueces County, Texas. | ||
(3) "Naval property" means: | ||
(A) the approximately 576.615 acres of land and | ||
submerged land in San Patricio and Nueces Counties, improvements, | ||
and personal property, if any, that reverted to the authority when | ||
former Naval Station Ingleside closed, other than property that the | ||
authority purchased from this state under former Article 8225, | ||
Revised Statutes, or that was granted to the authority by this state | ||
under any general or special law; and | ||
(B) the adjacent property. | ||
(4) "Port commission" means the authority's governing | ||
body. | ||
(5) "Port commissioner" means a member of the port | ||
commission. (Acts 67th Leg., R.S., Ch. 165, Sec. 2; Acts 68th Leg., | ||
R.S., Ch. 397, Secs. 1, 1A as added Acts 81st Leg., R.S., Ch. 53.) | ||
Sec. 5016.0002. FORMER NAME OF AUTHORITY. Before May 20, | ||
1981, the authority was known as the Nueces County Navigation | ||
District No. 1. (Acts 67th Leg., R.S., Ch. 165, Sec. 1; New.) | ||
SUBCHAPTER B. PORT COMMISSION | ||
Sec. 5016.0051. COMPOSITION OF PORT COMMISSION. The port | ||
commission is composed of seven port commissioners. (Acts 68th | ||
Leg., R.S., Ch. 397, Sec. 1A as added Acts 81st Leg., R.S., Ch. 498; | ||
Acts 78th Leg., R.S., Ch. 1334, Sec. 3 (part).) | ||
Sec. 5016.0052. APPOINTMENT OF PORT COMMISSIONERS; TERMS; | ||
ELIGIBILITY. (a) Port commissioners are appointed as follows: | ||
(1) the Commissioners Court of Nueces County shall | ||
appoint three port commissioners; | ||
(2) the city council of the City of Corpus Christi | ||
shall appoint three port commissioners; and | ||
(3) the Commissioners Court of San Patricio County | ||
shall appoint one port commissioner. | ||
(b) Port commissioners serve staggered three-year terms | ||
that expire in January. | ||
(c) A port commissioner may not serve more than four full | ||
terms. | ||
(d) A person must have been a resident of Nueces County for | ||
at least six months to be eligible for appointment to the port | ||
commission by the Commissioners Court of Nueces County or the city | ||
council of the City of Corpus Christi. | ||
(e) Subsections (c) and (d) do not apply to a person serving | ||
as a port commissioner on June 9, 1995. (Acts 68th Leg., R.S., Ch. | ||
397, Secs. 2, 3, 4(c), (d); Acts 74th Leg., R.S., Ch. 469, Sec. 2; | ||
Acts 78th Leg., R.S., Ch. 1334, Sec. 3 (part).) | ||
Sec. 5016.0053. FILING OF FINANCIAL STATEMENT BY PORT | ||
COMMISSIONERS. (a) Not later than April 30 of each year, a port | ||
commissioner shall file with the Texas Ethics Commission a | ||
financial statement that complies with Sections 572.022-572.024, | ||
Government Code. | ||
(b) The filed statement is a public record. (Acts 68th | ||
Leg., R.S., Ch. 397, Sec. 4A.) | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 5016.0101. USE AND DISPOSITION OF NAVAL PROPERTY. (a) | ||
The authority may use naval property in ways that replace and | ||
enhance the economic benefits generated by the former Naval Station | ||
Ingleside through diversified activities, including uses to | ||
foster: | ||
(1) job creation and retention; | ||
(2) economic development; | ||
(3) industry; | ||
(4) commerce; | ||
(5) manufacturing; | ||
(6) housing; | ||
(7) recreation; and | ||
(8) infrastructure installation on naval property. | ||
(b) The port commission may: | ||
(1) declare any portion of naval property surplus if | ||
the property is not needed for a navigation-related project; and | ||
(2) sell or lease the surplus property on terms the | ||
port commission considers advisable to carry out the purposes of | ||
this chapter. | ||
(c) Notwithstanding any other law and subject to the terms | ||
of this subsection, the authority may sell or lease property | ||
declared surplus under this section with or without public bidding. | ||
The authority may not sell naval property declared surplus under | ||
this section in a private sale for less than the property's fair | ||
market value. The authority shall obtain an appraisal of the | ||
surplus property, which is conclusive evidence of the surplus | ||
property's fair market value. | ||
(d) The authority may contract with another person for | ||
assistance in accomplishing the purposes of this section by | ||
competitive bidding or negotiated contract as the port commission | ||
considers appropriate, desirable, and in the authority's best | ||
interests. (Acts 68th Leg., R.S., Ch. 397, Secs. 4B(a), (b), (c), | ||
(d) as added Acts 81st Leg., R.S., Ch. 498.) | ||
Sec. 5016.0102. ELECTIONS. An election relating to the | ||
authority must be held in the authority as a whole and not on a | ||
county-by-county basis. (Acts 68th Leg., R.S., Ch. 397, Sec. 4B as | ||
added Acts 81st Leg., R.S., Ch. 53; Acts 78th Leg., R.S., Ch. 1334, | ||
Sec. 4.) | ||
Sec. 5016.0103. SECURITY AND LAW ENFORCEMENT. (a) The port | ||
commission may adopt, amend, repeal, and enforce an ordinance, | ||
rule, or police regulation necessary to: | ||
(1) protect, secure, and defend the ship channels and | ||
waterways in the authority's jurisdiction and facilities served by | ||
those ship channels and waterways; | ||
(2) promote the health, safety, and general welfare of | ||
any person using the ship channels and waterways in the authority's | ||
jurisdiction; or | ||
(3) comply with a federal law or regulation or | ||
implement a directive or standard of the federal government, | ||
including the United States Department of Homeland Security and the | ||
United States Coast Guard, relating to securing ship channels and | ||
waterways and facilities served by ship channels and waterways and | ||
preventing terrorist attacks on ship channels, waterways, | ||
associated maritime facilities, and other facilities served by ship | ||
channels and waterways. | ||
(b) In the enforcement of an authority ordinance, rule, or | ||
police regulation, a sheriff, constable, or other licensed peace | ||
officer or a peace officer employed or appointed by the port | ||
commission may make arrests, serve criminal warrants, subpoenas, or | ||
writs, and perform any other service or duty that may be performed | ||
by any sheriff, constable, or other licensed peace officer in | ||
enforcing other laws of this state. | ||
(c) In adopting an ordinance, rule, or police regulation | ||
under Subsection (a) of this section, the port commission shall | ||
comply with the procedures provided by Sections 60.074 and 60.075, | ||
Water Code. (Acts 68th Leg., R.S., Ch. 397, Secs. 4C(a), (b), (c).) | ||
Sec. 5016.0104. CONTRACTS FOR SECURITY AND LAW ENFORCEMENT | ||
SERVICES. (a) The authority may enter into an interlocal agreement | ||
with this state or a county, municipality, or other political | ||
subdivision of this state to jointly provide, and share the costs | ||
of, security for the ship channels and waterways in the authority's | ||
jurisdiction. | ||
(b) To protect the public interest, the authority may | ||
contract with a qualified party, including the federal government, | ||
Nueces County, or San Patricio County, for the provision of law | ||
enforcement services in all or part of the authority's jurisdiction. (Acts 68th Leg., R.S., Ch. 397, Secs. 4C(d), (e).) | ||
CHAPTER 5018. ORANGE COUNTY NAVIGATION AND PORT DISTRICT OF ORANGE | ||
COUNTY, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 5018.0001. DEFINITIONS | ||
Sec. 5018.0002. FINDINGS OF BENEFIT AND PURPOSE | ||
Sec. 5018.0003. DISTRICT TERRITORY | ||
Sec. 5018.0004. LIBERAL CONSTRUCTION OF CHAPTER | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 5018.0051. BOARD OF COMMISSIONERS; TERM; ELECTION | ||
Sec. 5018.0052. COMPOSITION OF BOARD; QUALIFICATIONS | ||
Sec. 5018.0053. POLLING PLACES | ||
Sec. 5018.0054. COMMISSIONER'S OATH AND BOND | ||
Sec. 5018.0055. COMPENSATION OF COMMISSIONERS; | ||
EXPENSES | ||
Sec. 5018.0056. VACANCIES | ||
Sec. 5018.0057. OFFICERS AND EMPLOYEES | ||
Sec. 5018.0058. OFFICER'S OR EMPLOYEE'S SURETY BOND | ||
Sec. 5018.0059. DISTRICT OFFICE | ||
Sec. 5018.0060. CONFLICT OF INTEREST; CRIMINAL PENALTY | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 5018.0101. GENERAL AND NAVIGATION DISTRICT POWERS | ||
Sec. 5018.0102. POWERS REGARDING WHARVES, DOCKS, AND | ||
OTHER FACILITIES | ||
Sec. 5018.0103. LIMITATION ON CERTAIN POWERS | ||
Sec. 5018.0104. BYLAWS AND RULES | ||
Sec. 5018.0105. ACQUISITION OF PROPERTY; EMINENT | ||
DOMAIN; DAMAGES | ||
Sec. 5018.0106. ACQUISITION OF PROPERTY FROM CITY OF | ||
ORANGE | ||
Sec. 5018.0107. GENERAL AUTHORITY TO MAKE CONTRACTS | ||
AND EXECUTE INSTRUMENTS | ||
Sec. 5018.0108. AUTHORITY TO SUE AND BE SUED | ||
Sec. 5018.0109. SEAL | ||
Sec. 5018.0110. POWERS AND LIMITATIONS REGARDING | ||
LEVINGSTON ISLAND IN LOUISIANA | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 5018.0151. DEPOSITORY | ||
Sec. 5018.0152. ACCOUNTS, CONTRACTS, AND OTHER | ||
RECORDS; PUBLIC INSPECTION | ||
Sec. 5018.0153. AUTHORITY TO BORROW MONEY, ACCEPT | ||
GRANTS, AND ISSUE ASSOCIATED BONDS | ||
Sec. 5018.0154. AUTHORITY TO BORROW MONEY FOR CURRENT | ||
EXPENSES; EVIDENCE OF OBLIGATION | ||
Sec. 5018.0155. AD VALOREM TAX FOR MAINTENANCE AND | ||
OPERATIONS; ELECTION PROCEDURE | ||
Sec. 5018.0156. IMPOSITION OF TAXES; TAX | ||
CERTIFICATION; TAX | ||
ASSESSOR-COLLECTOR | ||
SUBCHAPTER E. BONDS | ||
Sec. 5018.0201. DEFINITION | ||
Sec. 5018.0202. AUTHORITY TO ISSUE BONDS | ||
Sec. 5018.0203. ELECTION FOR BONDS PAYABLE FROM AD | ||
VALOREM TAXES | ||
Sec. 5018.0204. PROVISIONS OF CERTAIN BOND RESOLUTIONS | ||
OR ORDERS; AUTHORITY TO ADOPT OR | ||
EXECUTE OTHER PROCEEDINGS OR | ||
INSTRUMENTS | ||
Sec. 5018.0205. FORM OF BONDS | ||
Sec. 5018.0206. MATURITY | ||
Sec. 5018.0207. USE OF BOND PROCEEDS | ||
Sec. 5018.0208. REFUNDING BONDS | ||
CHAPTER 5018. ORANGE COUNTY NAVIGATION AND PORT DISTRICT OF ORANGE | ||
COUNTY, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 5018.0001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of | ||
commissioners. | ||
(2) "Commissioner" means a board member. | ||
(3) "District" means the Orange County Navigation and | ||
Port District of Orange County, Texas. (Acts 53rd Leg., R.S., Ch. | ||
370, Sec. 1 (part); New.) | ||
Sec. 5018.0002. FINDINGS OF BENEFIT AND PURPOSE. (a) The | ||
creation of the district is essential to accomplish the purposes of | ||
Section 59, Article XVI, Texas Constitution, including, to the | ||
extent authorized by this chapter: | ||
(1) the supervision, maintenance, development, | ||
extension, and improvement of navigation in the district; | ||
(2) the maintenance, development, extension, and | ||
improvement of port facilities and dock facilities in the district; | ||
and | ||
(3) the development of the Port of Orange in the | ||
district. | ||
(b) The district: | ||
(1) is essential to the general welfare of this state | ||
for the development of maritime shipping to and from the state's | ||
ports; | ||
(2) is in the interest of national defense, the Port of | ||
Orange being strategically located on the Gulf Coast with an | ||
inland-protected harbor and in a rapidly developing industrial area | ||
in which shipyards and ship-storing basins are located; and | ||
(3) will result in: | ||
(A) material benefits and improvements to | ||
district territory; | ||
(B) the increase of the taxable value of property | ||
in the district; and | ||
(C) material benefit to that part of the state in | ||
which the district is located. | ||
(c) All property in the district and in this state will | ||
benefit from the district and the improvements and facilities | ||
acquired or constructed under this chapter. (Acts 53rd Leg., R.S., | ||
Ch. 370, Sec. 1 (part); Acts 55th Leg., R.S., Ch. 80, Sec. 4.) | ||
Sec. 5018.0003. DISTRICT TERRITORY. (a) The district's | ||
boundaries are coextensive with the boundaries of Orange County, | ||
unless the district's territory has been modified under: | ||
(1) Section 3 or 3a, Chapter 103, Acts of the 41st | ||
Legislature, 1st Called Session, 1929 (Article 8263a, Vernon's | ||
Texas Civil Statutes), before August 30, 1971; | ||
(2) Subchapter H, Chapter 62, Water Code; or | ||
(3) other law. | ||
(b) The district includes all of the property within the | ||
district's boundaries. (Acts 53rd Leg., R.S., Ch. 370, Sec. 1 | ||
(part); New.) | ||
Sec. 5018.0004. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed to effect its purposes. (Acts | ||
53rd Leg., R.S., Ch. 370, Sec. 19.) | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 5018.0051. BOARD OF COMMISSIONERS; TERM; ELECTION. | ||
(a) The district is governed by a board composed of five elected | ||
commissioners. | ||
(b) Commissioners serve staggered four-year terms. | ||
(c) The district shall hold an election in the district on | ||
the uniform election date in May of each even-numbered year to elect | ||
commissioners. | ||
(d) The board has the rights and powers conferred and | ||
imposed on navigation and canal commissioners and commissioners | ||
courts by Chapter 62, Water Code. (Acts 53rd Leg., R.S., Ch. 370, | ||
Secs. 3 (part), 8(a) (part), (c).) | ||
Sec. 5018.0052. COMPOSITION OF BOARD; QUALIFICATIONS. (a) | ||
One commissioner must reside in each county commissioners precinct | ||
of Orange County and one commissioner must reside in the county at | ||
large. | ||
(b) Each commissioner must: | ||
(1) be a qualified voter of the district; and | ||
(2) own taxable real property located in the district. | ||
(c) The candidates receiving the highest number of votes | ||
from each county commissioners precinct and the county at large | ||
shall be declared elected. (Acts 53rd Leg., R.S., Ch. 370, Secs. 3 | ||
(part), 8(a) (part).) | ||
Sec. 5018.0053. POLLING PLACES. For all elections held | ||
under this chapter, the board, in each election order, shall | ||
designate the number and location of polling places, provided that | ||
at least one polling place is located in each of the county | ||
commissioners precincts. (Acts 53rd Leg., R.S., Ch. 370, Sec. 17 | ||
(part).) | ||
Sec. 5018.0054. COMMISSIONER'S OATH AND BOND. Not later | ||
than the 10th day after the date of the commissioner's election, | ||
each commissioner shall: | ||
(1) take and subscribe an oath of office with | ||
conditions in the oath as provided by law for members of the county | ||
commissioners court; and | ||
(2) enter into a good and sufficient bond in the amount | ||
of $1,000 payable to the district, conditioned on the faithful | ||
performance of the commissioner's duties as a commissioner. (Acts | ||
53rd Leg., R.S., Ch. 370, Sec. 13.) | ||
Sec. 5018.0055. COMPENSATION OF COMMISSIONERS; EXPENSES. | ||
(a) At the first meeting after each election, the commissioners by | ||
order shall set the amount of compensation to be received by a | ||
commissioner for each day served, not to exceed $600 per year, plus | ||
actual traveling expenses. | ||
(b) Each month or as soon as practicable following each | ||
month, each commissioner shall file with the district's secretary a | ||
statement showing the amount owed to the commissioner. A check may | ||
not be issued to the commissioner until the commissioner has filed | ||
the statement with the secretary. (Acts 53rd Leg., R.S., Ch. 370, | ||
Sec. 10.) | ||
Sec. 5018.0056. VACANCIES. (a) A vacancy on the board | ||
shall be filled by board appointment until the next commissioners' | ||
election. If the vacant position is not regularly scheduled to be | ||
filled at that election, the person elected to fill the position | ||
serves only for the remainder of the unexpired term. | ||
(b) A person appointed under this section must have the same | ||
qualifications as a person elected to the board. (Acts 53rd Leg., | ||
R.S., Ch. 370, Sec. 8(e).) | ||
Sec. 5018.0057. OFFICERS AND EMPLOYEES. (a) As soon as | ||
practicable after each election of commissioners, the board shall | ||
elect a president, vice president, and secretary and treasurer. | ||
(b) The board may: | ||
(1) employ a port director and other officers as | ||
required to manage and operate the district and, subject to the | ||
board's orders, delegate that authority; | ||
(2) employ and prescribe the duties of officers, | ||
agents, and employees; | ||
(3) set the compensation of officers, agents, and | ||
employees; and | ||
(4) remove any employee. (Acts 53rd Leg., R.S., Ch. | ||
370, Secs. 2 (part), 7, 11 (part).) | ||
Sec. 5018.0058. OFFICER'S OR EMPLOYEE'S SURETY BOND. (a) A | ||
bond required of a district officer or employee must be executed by | ||
a surety company authorized to do business in this state as surety | ||
on the bond. | ||
(b) The district may pay the premium on the bond. (Acts 53rd | ||
Leg., R.S., Ch. 370, Sec. 11 (part).) | ||
Sec. 5018.0059. DISTRICT OFFICE. A regular office shall be | ||
established and maintained for conducting district business in the | ||
district's territory. (Acts 53rd Leg., R.S., Ch. 370, Sec. 9 | ||
(part).) | ||
Sec. 5018.0060. CONFLICT OF INTEREST; CRIMINAL PENALTY. | ||
(a) A district commissioner, engineer, or employee, personally or | ||
as an agent for another person, may not benefit directly or | ||
indirectly from a sale, purchase, or contract entered into by the | ||
board. | ||
(b) A person commits an offense if the person violates this | ||
section. An offense under this subsection is a misdemeanor | ||
punishable by: | ||
(1) a fine not to exceed $1,000; | ||
(2) confinement in the county jail for not less than | ||
six months or more than one year; or | ||
(3) both the fine and confinement. (Acts 53rd Leg., | ||
R.S., Ch. 370, Sec. 11 (part).) | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 5018.0101. GENERAL AND NAVIGATION DISTRICT POWERS. | ||
The district has: | ||
(1) the powers of government and the authority to | ||
exercise the rights, privileges, and functions specified by this | ||
chapter; and | ||
(2) all powers, rights, privileges, and functions | ||
conferred by general law, including Chapter 62, Water Code, on any | ||
navigation district created or operating under Section 59, Article | ||
XVI, Texas Constitution. (Acts 53rd Leg., R.S., Ch. 370, Secs. 1 | ||
(part), 2 (part), 3 (part).) | ||
Sec. 5018.0102. POWERS REGARDING WHARVES, DOCKS, AND OTHER | ||
FACILITIES. The district may: | ||
(1) acquire, take over, construct, maintain, repair, | ||
operate, develop, and regulate wharves, docks, warehouses, grain | ||
elevators, dumping facilities, belt railways, lands, and other | ||
facilities or aids consistent with or necessary to the operation or | ||
development of ports or waterways in the district; and | ||
(2) construct, extend, improve, repair, maintain, and | ||
reconstruct, cause to be constructed, extended, improved, | ||
repaired, maintained, and reconstructed, and own, rent, lease, use, | ||
and operate any facility of any kind necessary or convenient to the | ||
exercise of the powers, rights, privileges, and functions granted | ||
by this chapter. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2 (part).) | ||
Sec. 5018.0103. LIMITATION ON CERTAIN POWERS. This chapter | ||
may not be construed as granting the district or the board any power | ||
over the appointment, operations, or conduct of: | ||
(1) a branch pilot appointed under Section 69.037, | ||
Transportation Code; or | ||
(2) the board of pilot commissioners described by | ||
Section 69.011, Transportation Code. (Acts 53rd Leg., R.S., Ch. | ||
370, Sec. 2(j) (part).) | ||
Sec. 5018.0104. BYLAWS AND RULES. The district may adopt | ||
bylaws and rules to manage and regulate its affairs. (Acts 53rd | ||
Leg., R.S., Ch. 370, Sec. 2 (part).) | ||
Sec. 5018.0105. ACQUISITION OF PROPERTY; EMINENT DOMAIN; | ||
DAMAGES. (a) In this section, "property" means property of any | ||
kind, including a lighter, a tug, a barge, and other floating | ||
equipment of any nature. | ||
(b) If necessary or convenient to exercising a power, right, | ||
privilege, or function conferred on the district by this chapter, | ||
the district: | ||
(1) by gift or purchase may acquire property or an | ||
interest in property that is inside or outside the district's | ||
boundaries; or | ||
(2) by exercising the power of eminent domain may | ||
acquire property or an interest in property that is inside the | ||
district's boundaries. | ||
(c) The district may exercise the power of eminent domain to | ||
acquire the fee simple title to or an easement or right-of-way over | ||
and through any land, water, or land under water, private or public, | ||
in the district that the board determines is necessary or | ||
convenient to carry out a purpose or power granted to the district | ||
by this chapter. | ||
(d) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code, except that the | ||
district is not required to give bond for appeal or bond for costs | ||
in any judicial proceeding. | ||
(e) In exercising the power of eminent domain against a | ||
person that has the power of eminent domain or a receiver or trustee | ||
for that person, the district may acquire an easement only and not | ||
the fee simple title. | ||
(f) A condemnation proceeding is under the board's | ||
direction and must be in the district's name. | ||
(g) Except as provided by Subsections (h) and (i), the | ||
assessment of damages and all procedures with reference to | ||
condemnation, appeal, and payment must conform to Chapter 21, | ||
Property Code. | ||
(h) If the district's exercise of a power granted by this | ||
chapter makes necessary the relocation of a railroad line or | ||
right-of-way, the district shall pay the cost of the relocation and | ||
any damage incurred in changing and adjusting the railroad lines | ||
and grades. | ||
(i) The damages to the owner of public utilities and | ||
communication facilities and properties must include the actual | ||
loss, costs, and expenses incident to the removal and relocation of | ||
the facilities and properties, including: | ||
(1) the costs of installing the facilities in a new | ||
location; | ||
(2) the costs of any land or rights or interest in | ||
land; and | ||
(3) any other property rights acquired to accomplish | ||
the removal and relocation. | ||
(j) The district's authority under this section to exercise | ||
the power of eminent domain expired on September 1, 2013, unless the | ||
district submitted a letter to the comptroller in accordance with | ||
Section 2206.101(b), Government Code, not later than December 31, | ||
2012. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2 (part); New.) | ||
Sec. 5018.0106. ACQUISITION OF PROPERTY FROM CITY OF | ||
ORANGE. (a) The district may acquire from the City of Orange, with | ||
the consent of the City of Orange as provided by the city's charter, | ||
the city's port properties, lands, assets, liabilities, contracts, | ||
improvement plans, money on hand, and facilities acquired by the | ||
city for port purposes. | ||
(b) The manner of the acquisition authorized under this | ||
section must be determined between the City of Orange's city | ||
commission and the board. (Acts 53rd Leg., R.S., Ch. 370, Sec. 4.) | ||
Sec. 5018.0107. GENERAL AUTHORITY TO MAKE CONTRACTS AND | ||
EXECUTE INSTRUMENTS. The district may make a contract or execute an | ||
instrument necessary or convenient to exercise a power, right, | ||
privilege, or function granted to the district by this chapter. | ||
(Acts 53rd Leg., R.S., Ch. 370, Sec. 2 (part).) | ||
Sec. 5018.0108. AUTHORITY TO SUE AND BE SUED. The district | ||
may sue and be sued in its corporate name. (Acts 53rd Leg., R.S., | ||
Ch. 370, Sec. 2 (part).) | ||
Sec. 5018.0109. SEAL. The district may adopt and use a | ||
corporate seal. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2 (part).) | ||
Sec. 5018.0110. POWERS AND LIMITATIONS REGARDING | ||
LEVINGSTON ISLAND IN LOUISIANA. (a) On approval by resolution of | ||
the board, the district may purchase for the district the following | ||
property: Levingston Island, also known as Harbor Island, located | ||
in the bend of the Sabine River, opposite the City of Orange and | ||
located in Calcasieu Parish, Louisiana. | ||
(b) The property purchased under this section is not | ||
territory in the district's boundaries. The authority to purchase | ||
the property described in this section and the purchase of that | ||
property is not the annexation or attempted annexation of the | ||
property to the State of Texas from the State of Louisiana. | ||
(c) The district may: | ||
(1) provide projects and facilities on the property | ||
purchased under this section for purposes of economic development | ||
to benefit the district; and | ||
(2) issue bonds and other obligations of the district | ||
secured by the revenue from the projects and facilities provided on | ||
the property purchased under this section for the purposes of | ||
constructing, acquiring, and maintaining those projects and | ||
facilities. | ||
(d) The district may not impose ad valorem taxes in the | ||
district to finance the projects and facilities provided under this | ||
section. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2A.) | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 5018.0151. DEPOSITORY. The board shall select a | ||
depository or depositories for the district in the manner provided | ||
by law for the selection of a county depository. (Acts 53rd Leg., | ||
R.S., Ch. 370, Sec. 12.) | ||
Sec. 5018.0152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; | ||
PUBLIC INSPECTION. (a) The board shall cause to be kept complete | ||
and accurate accounts conforming to approved methods of | ||
bookkeeping. | ||
(b) The secretary shall: | ||
(1) keep a true and full account of board meetings and | ||
proceedings; and | ||
(2) preserve board minutes, contracts, notices, | ||
accounts, receipts, and other records in a fireproof vault or safe. | ||
(c) The records kept and preserved by the secretary under | ||
Subsection (b) are: | ||
(1) district property; and | ||
(2) subject to public inspection. (Acts 53rd Leg., | ||
R.S., Ch. 370, Sec. 9 (part).) | ||
Sec. 5018.0153. AUTHORITY TO BORROW MONEY, ACCEPT GRANTS, | ||
AND ISSUE ASSOCIATED BONDS. (a) The district may: | ||
(1) borrow money for any purpose that is provided by: | ||
(A) this chapter; or | ||
(B) the general laws relating to navigation | ||
districts; | ||
(2) borrow money or accept a grant from the United | ||
States or from a corporation or agency created or designated by the | ||
United States and, in connection with the loan or grant, enter into | ||
any agreement the United States or the corporation or agency | ||
requires; and | ||
(3) make and issue bonds for money borrowed, in the | ||
manner and to the extent provided by this chapter. | ||
(b) The district may make and issue bonds under Subsection | ||
(a)(3) that are: | ||
(1) revenue bonds; | ||
(2) tax bonds; or | ||
(3) combination tax-revenue bonds. (Acts 53rd Leg., | ||
R.S., Ch. 370, Sec. 2 (part).) | ||
Sec. 5018.0154. AUTHORITY TO BORROW MONEY FOR CURRENT | ||
EXPENSES; EVIDENCE OF OBLIGATION. (a) The district may: | ||
(1) borrow money for current expenses; and | ||
(2) evidence the borrowed money by warrants payable | ||
not later than the close of the calendar year for which the loan is | ||
made. | ||
(b) The amount of the warrants may not exceed the | ||
anticipated revenue. (Acts 53rd Leg., R.S., Ch. 370, Sec. 2 | ||
(part).) | ||
Sec. 5018.0155. AD VALOREM TAX FOR MAINTENANCE AND | ||
OPERATIONS; ELECTION PROCEDURE. (a) The district may impose an | ||
annual ad valorem tax at a rate not to exceed 15 cents on each $100 | ||
valuation of taxable property in the district for the maintenance, | ||
operation, and upkeep of the district and the facilities, | ||
properties, and improvements constructed or acquired by the | ||
district. | ||
(b) Elections may be held to increase, reduce, or abate a | ||
tax imposed under this section, subject to the limit prescribed by | ||
Subsection (a). | ||
(c) A maintenance tax election must be held in the same | ||
manner as a bond election. (Acts 53rd Leg., R.S., Ch. 370, Secs. 5 | ||
(part), 17 (part).) | ||
Sec. 5018.0156. IMPOSITION OF TAXES; TAX CERTIFICATION; TAX | ||
ASSESSOR-COLLECTOR. (a) A tax authorized by this chapter, whether | ||
for bonds or maintenance purposes, must be imposed by the board. | ||
(b) Each year, the board shall certify to the Orange County | ||
tax assessor-collector the rate or rates of tax that the board has | ||
imposed for bonds and maintenance purposes. | ||
(c) The Orange County tax assessor-collector shall assess | ||
and collect taxes imposed by the board in the manner provided by | ||
Chapter 62, Water Code. (Acts 53rd Leg., R.S., Ch. 370, Sec. 3 | ||
(part).) | ||
SUBCHAPTER E. BONDS | ||
Sec. 5018.0201. DEFINITION. In this subchapter, "net | ||
revenue" means the gross revenue derived from the operation of the | ||
district's improvements and facilities the income of which is | ||
pledged to the payment of district bonds less the reasonable | ||
expense of maintaining and operating those improvements and | ||
facilities, including necessary repair, upkeep, and insurance | ||
expenses for those improvements and facilities. (Acts 53rd Leg., | ||
R.S., Ch. 370, Sec. 14(a) (part).) | ||
Sec. 5018.0202. AUTHORITY TO ISSUE BONDS. (a) To provide | ||
money for any purpose provided by this chapter or another law | ||
relating to navigation districts, the board may issue bonds | ||
secured: | ||
(1) solely by a pledge of and payable from the net | ||
revenue derived from the operation of all or a designated part of | ||
the district's improvements and facilities then in existence or to | ||
be constructed or acquired; | ||
(2) by a pledge of and payable from an ad valorem tax | ||
on all taxable property in the district under Section 59, Article | ||
XVI, Texas Constitution; or | ||
(3) by a combination of the methods prescribed under | ||
Subdivisions (1) and (2). | ||
(b) If bonds issued under Subsection (a)(1) are | ||
outstanding, the board shall charge and collect fees, tolls, and | ||
charges sufficient to: | ||
(1) pay all maintenance and operation expenses of the | ||
improvements and facilities, the income of which is pledged; | ||
(2) pay the interest on the bonds as it accrues; | ||
(3) pay the principal of the bonds as it matures; and | ||
(4) make any other payments prescribed in the bond | ||
order or resolution. | ||
(c) If bonds issued under Subsection (a)(2) are | ||
outstanding, the board shall annually impose a tax sufficient to | ||
pay: | ||
(1) the interest on the bonds as it accrues; and | ||
(2) the principal of the bonds as it matures. | ||
(d) If bonds issued under Subsection (a)(3) are | ||
outstanding, the board shall charge and collect fees, tolls, and | ||
charges so that, in the manner prescribed in the bond order or | ||
resolution, the amount of tax to be collected may be reduced or | ||
abated to the extent that the revenue from the operation of the | ||
improvements and facilities, the income of which is pledged, is | ||
sufficient to: | ||
(1) meet the requirements for maintenance and | ||
operation of the improvements and facilities; and | ||
(2) provide money for the bonds as prescribed in the | ||
bond order or resolution. | ||
(e) All district bonds must be authorized by board | ||
resolution or order. | ||
(f) Bonds payable solely from net revenue may be issued | ||
without an election. (Acts 53rd Leg., R.S., Ch. 370, Secs. 14(a) | ||
(part), (b) (part), (c) (part), (e) (part).) | ||
Sec. 5018.0203. ELECTION FOR BONDS PAYABLE FROM AD VALOREM | ||
TAXES. (a) Bonds, other than refunding bonds, payable wholly or | ||
partly from ad valorem taxes may not be issued unless authorized by | ||
an election called by the board at which a majority of the votes | ||
cast favor the bond issuance. | ||
(b) Notice of the election must be given by publishing a | ||
substantial copy of the order calling the election in a newspaper of | ||
general circulation in the district on the same day in each of two | ||
successive weeks. The first publication must be not later than the | ||
14th day before the date of the election. No other notice of the | ||
election is necessary. | ||
(c) If the bonds are to be payable solely from taxes, the | ||
ballot must have printed on it "For the bonds and the levy of taxes | ||
in payment thereof" and the contrary of that proposition. | ||
(d) If the bonds are to be payable both from net revenue and | ||
taxes, the ballot must have printed on it "For the bonds, the pledge | ||
of net revenues, and the levy of taxes adequate to provide for the | ||
payment thereof" and the contrary of that proposition. (Acts 53rd | ||
Leg., R.S., Ch. 370, Secs. 14(b) (part), (e) (part).) | ||
Sec. 5018.0204. PROVISIONS OF CERTAIN BOND RESOLUTIONS OR | ||
ORDERS; AUTHORITY TO ADOPT OR EXECUTE OTHER PROCEEDINGS OR | ||
INSTRUMENTS. (a) In the resolution or order adopted by the board | ||
authorizing the issuance of bonds payable wholly or partly from net | ||
revenue, the board may: | ||
(1) provide for: | ||
(A) the flow of money; and | ||
(B) the establishment and maintenance of an | ||
interest and sinking fund, a reserve fund, and any other funds; | ||
(2) make any additional covenants with respect to the | ||
bonds, the pledged revenue, and the operation, maintenance, and | ||
upkeep of the improvements and facilities the income of which is | ||
pledged, including a provision for the leasing of all or a part of | ||
the improvements and facilities and the use or pledge of money | ||
derived from those leases, as the board considers appropriate; | ||
(3) prohibit the further issuance of bonds or other | ||
obligations payable from the pledged net revenue; | ||
(4) reserve the right to issue additional bonds to be | ||
secured by a pledge of and payable from the net revenue on a parity | ||
with, or subordinate to, the lien and pledge in support of the bonds | ||
being issued, subject to any conditions provided by the resolution | ||
or order; or | ||
(5) include any other provision or covenant, as | ||
determined by the board, that is not prohibited by the Texas | ||
Constitution or this chapter. | ||
(b) The board may adopt and execute any other proceeding or | ||
instrument necessary or convenient to issue the bonds. (Acts 53rd | ||
Leg., R.S., Ch. 370, Sec. 14(a) (part).) | ||
Sec. 5018.0205. FORM OF BONDS. District bonds must be: | ||
(1) issued in the district's name; | ||
(2) signed by the president; and | ||
(3) attested by the secretary. (Acts 53rd Leg., R.S., | ||
Ch. 370, Sec. 14(c) (part).) | ||
Sec. 5018.0206. MATURITY. District bonds must mature not | ||
later than 40 years after the date of their issuance. (Acts 53rd | ||
Leg., R.S., Ch. 370, Sec. 14(c) (part).) | ||
Sec. 5018.0207. USE OF BOND PROCEEDS. The board may | ||
appropriate or set aside out of the proceeds from the sale of any | ||
district bonds: | ||
(1) an amount for the payment of interest expected to | ||
accrue during the period of construction of the improvements or | ||
facilities; and | ||
(2) an amount necessary to pay all expenses incurred | ||
and to be incurred in the issuance, sale, and delivery of the bonds. | ||
(Acts 53rd Leg., R.S., Ch. 370, Sec. 14(d).) | ||
Sec. 5018.0208. REFUNDING BONDS. (a) The board may issue | ||
refunding bonds of the district to refund any outstanding district | ||
bonds and accrued interest on those bonds. | ||
(b) Refunding bonds may: | ||
(1) as to outstanding bonds payable wholly from taxes, | ||
be issued to refund more than one series or issue of the outstanding | ||
bonds; and | ||
(2) as to outstanding bonds payable wholly or partly | ||
from net revenue: | ||
(A) be issued to refund more than one series or | ||
issue of the outstanding bonds; | ||
(B) combine the pledges for the outstanding bonds | ||
for the security of the refunding bonds; and | ||
(C) be secured by other or additional revenue. | ||
(c) Bonds payable solely from net revenue may not be | ||
refunded into bonds secured by taxes unless the issuance of the | ||
bonds is authorized by a majority of the voters voting at an | ||
election held in the same manner as a bond election. | ||
(d) Refunding under this section may not impair the contract | ||
rights of the holders of any of the outstanding bonds that are not | ||
to be refunded. | ||
(e) Refunding bonds must: | ||
(1) be authorized by a board resolution or order; | ||
(2) be executed and mature as provided by this chapter | ||
for original bonds; and | ||
(3) bear interest at the same or a lower rate than that | ||
of the bonds refunded unless it is shown mathematically that a | ||
saving will result in the total amount of interest to be paid. | ||
(f) The comptroller shall register the refunding bonds on | ||
surrender and cancellation of the bonds to be refunded. | ||
(g) Instead of issuing bonds to be registered on the | ||
surrender and cancellation of the bonds to be refunded, the | ||
district, in the resolution or order authorizing the issuance of | ||
the refunding bonds, may provide for the sale of the refunding bonds | ||
and the deposit of the proceeds in the place or places at which the | ||
bonds to be refunded are payable. In that case, the refunding bonds | ||
may be issued in an amount sufficient to pay the interest on the | ||
bonds to be refunded to their option date or maturity date, and the | ||
comptroller shall register the refunding bonds without the | ||
surrender and cancellation of the bonds to be refunded. (Acts 53rd Leg., R.S., Ch. 370, Sec. 15 (part).) | ||
CHAPTER 5019. CHAMBERS-LIBERTY COUNTIES NAVIGATION DISTRICT | ||
Sec. 5019.0001. DEFINITIONS | ||
Sec. 5019.0002. APPOINTMENT OF DISTRICT COMMISSIONERS | ||
Sec. 5019.0003. TERM OF OFFICE | ||
CHAPTER 5019. CHAMBERS-LIBERTY COUNTIES NAVIGATION DISTRICT | ||
Sec. 5019.0001. DEFINITIONS. In this chapter: | ||
(1) "Commissioner" means a member of the district's | ||
navigation and canal commission. | ||
(2) "District" means the Chambers-Liberty Counties | ||
Navigation District. (New.) | ||
Sec. 5019.0002. APPOINTMENT OF DISTRICT COMMISSIONERS. (a) | ||
Notwithstanding Section 62.072, Water Code, commissioners are | ||
appointed as provided by this section. | ||
(b) The commissioners court of Chambers County by majority | ||
vote shall appoint two commissioners. The commissioners court of | ||
Liberty County by majority vote shall appoint two commissioners. | ||
The two commissioners courts shall appoint a fifth commissioner at | ||
a joint meeting of the two commissioners courts called and presided | ||
over by the county judge of Chambers County. | ||
(c) Each of the county judges and county commissioners | ||
composing the commissioners courts of both counties is entitled to | ||
one vote in appointing the fifth commissioner. A majority vote of | ||
those present at the meeting is sufficient to make the appointment. | ||
(Acts 76th Leg., R.S., Ch. 1145, Secs. 1(a), (b), (c).) | ||
Sec. 5019.0003. TERM OF OFFICE. Notwithstanding Section | ||
62.065, Water Code, commissioners serve staggered four-year terms. | ||
(Acts 76th Leg., R.S., Ch. 1145, Sec. 1(d).) | ||
SECTION 1.02. MUNICIPAL UTILITY DISTRICTS. Subtitle F, | ||
Title 6, Special District Local Laws Code, is amended by adding Chapters 8018, 8020, 8021, 8022, 8023, and 8024 to read as follows: | ||
CHAPTER 8018. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 319 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8018.0001. DEFINITIONS | ||
Sec. 8018.0002. NATURE OF DISTRICT | ||
Sec. 8018.0003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8018.0004. DISTRICT TERRITORY | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8018.0051. COMPOSITION OF BOARD | ||
Sec. 8018.0052. BOARD VACANCY | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8018.0101. MUNICIPAL UTILITY DISTRICT POWERS | ||
Sec. 8018.0102. WATER CONSERVATION PROGRAM | ||
CHAPTER 8018. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 319 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8018.0001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the Harris County Municipal | ||
Utility District No. 319. (Acts 69th Leg., R.S., Ch. 787, Secs. | ||
1(a) (part), 2; New.) | ||
Sec. 8018.0002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Harris County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 69th Leg., | ||
R.S., Ch. 787, Sec. 1(a) (part).) | ||
Sec. 8018.0003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. | ||
(c) The creation of the district is essential to accomplish | ||
the purposes of Section 59, Article XVI, Texas Constitution. (Acts | ||
69th Leg., R.S., Ch. 787, Secs. 1(b), 5.) | ||
Sec. 8018.0004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 3, Chapter 787, Acts | ||
of the 69th Legislature, Regular Session, 1985, as that territory | ||
may have been modified under: | ||
(1) Subchapter J, Chapter 49, Water Code; | ||
(2) Subchapter H, Chapter 54, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in the field notes or in copying the field notes | ||
in the legislative process does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bonds; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 69th Leg., R.S., Ch. 787, Sec. 4; New.) | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8018.0051. COMPOSITION OF BOARD. The district is | ||
governed by a board of five elected directors. (Acts 69th Leg., | ||
R.S., Ch. 787, Secs. 8(a), (b) (part).) | ||
Sec. 8018.0052. BOARD VACANCY. (a) Except as provided by | ||
Subsection (b), a vacancy in the office of director shall be filled | ||
in the manner provided by Section 49.105, Water Code. | ||
(b) The Texas Commission on Environmental Quality shall | ||
appoint directors to fill the vacancies on the board whenever the | ||
number of qualified directors is fewer than three. (Acts 69th Leg., | ||
R.S., Ch. 787, Sec. 8(e) (part); New.) | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8018.0101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions provided | ||
by general law, including Chapters 49 and 54, Water Code, | ||
applicable to a municipal utility district created under Section | ||
59, Article XVI, Texas Constitution. (Acts 69th Leg., R.S., Ch. | ||
787, Sec. 6(a) (part); New.) | ||
Sec. 8018.0102. WATER CONSERVATION PROGRAM. (a) In this | ||
section, "water conservation program" means the practices, | ||
techniques, and technologies that will reduce water consumption, | ||
reduce water loss or waste, improve efficiency in water use, or | ||
increase water recycling and reuse so that a water supply is | ||
available for future or alternative uses. | ||
(b) The district shall adopt and implement a water | ||
conservation program consistent with rules and criteria adopted and | ||
enforceable by the Texas Commission on Environmental Quality for | ||
similarly situated districts in the region. (Acts 69th Leg., R.S., Ch. 787, Sec. 7.) | ||
CHAPTER 8020. POLK COUNTY FRESH WATER SUPPLY DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8020.0001. DEFINITION | ||
Sec. 8020.0002. NATURE OF DISTRICT | ||
Sec. 8020.0003. DISTRICT TERRITORY | ||
Sec. 8020.0004. DISTRICT NAME CHANGE | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 8020.0051. MUNICIPAL UTILITY DISTRICT POWERS | ||
CHAPTER 8020. POLK COUNTY FRESH WATER SUPPLY DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8020.0001. DEFINITION. In this chapter, "district" | ||
means the Polk County Fresh Water Supply District No. 2. (Acts 75th | ||
Leg., R.S., Ch. 814, Sec. 1 (part); New.) | ||
Sec. 8020.0002. NATURE OF DISTRICT. The district is a | ||
municipal utility district converted from a fresh water supply | ||
district by Chapter 814, Acts of the 75th Legislature, Regular | ||
Session, 1997. (Acts 75th Leg., R.S., Ch. 814, Sec. 1 (part); | ||
New.) | ||
Sec. 8020.0003. DISTRICT TERRITORY. (a) The district's | ||
boundaries are those confirmed by Section 3, Chapter 814, Acts of | ||
the 75th Legislature, Regular Session, 1997, as those boundaries | ||
may have been modified under: | ||
(1) Subchapter J, Chapter 49, Water Code; | ||
(2) Subchapter H, Chapter 54, Water Code; or | ||
(3) other law. | ||
(b) The confirmation of boundaries described by Subsection | ||
(a): | ||
(1) does not enlarge or diminish the district as it | ||
existed on September 1, 1997; and | ||
(2) includes the property in the district that was | ||
being served or taxed on September 1, 1997. (Acts 75th Leg., R.S., | ||
Ch. 814, Sec. 3 (part); New.) | ||
Sec. 8020.0004. DISTRICT NAME CHANGE. The district's board | ||
of directors may change the name of the district in an open meeting | ||
for which proper notice has been given. (Acts 75th Leg., R.S., | ||
Ch. 814, Sec. 2.) | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 8020.0051. MUNICIPAL UTILITY DISTRICT POWERS. (a) | ||
Except as provided by Subsection (b), the district has the rights, | ||
powers, privileges, and functions conferred by Chapter 54, Water | ||
Code. | ||
(b) The district may not exercise any authority with regard | ||
to firefighting or to municipal solid waste disposal. (Acts 75th Leg., R.S., Ch. 814, Sec. 1 (part).) | ||
CHAPTER 8021. LAKEWAY MUNICIPAL UTILITY DISTRICT | ||
Sec. 8021.0001. DEFINITIONS | ||
Sec. 8021.0002. EXCLUSION OF LAND | ||
Sec. 8021.0003. NOTICE OF HEARING | ||
Sec. 8021.0004. EXCLUSION WITH BOND REFUNDING | ||
Sec. 8021.0005. APPLICABILITY OF CERTAIN OTHER LAW | ||
CHAPTER 8021. LAKEWAY MUNICIPAL UTILITY DISTRICT | ||
Sec. 8021.0001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "District" means the Lakeway Municipal Utility | ||
District, Travis County. (Acts 75th Leg., R.S., Ch. 1272, Sec. 1.) | ||
Sec. 8021.0002. EXCLUSION OF LAND. (a) The board may, at | ||
its discretion, call a hearing to consider excluding land from the | ||
district or determine not to call a hearing to exclude land from the | ||
district. | ||
(b) If the board holds a hearing under Subsection (a), the | ||
board may by order exclude land from the district on any of the | ||
grounds for exclusion provided by Section 49.306, Water Code, | ||
provided that: | ||
(1) the board receives a petition, signed by the | ||
owners of the land to be excluded and consented to by all | ||
lienholders, requesting exclusion of the land as described by metes | ||
and bounds; and | ||
(2) the owners of the land pay to the district a | ||
payment and any other fees or costs required by the district. (Acts | ||
75th Leg., R.S., Ch. 1272, Sec. 2.) | ||
Sec. 8021.0003. NOTICE OF HEARING. (a) Except as provided | ||
by Section 8021.0004, in addition to the notice required by Section | ||
49.304, Water Code, the district shall, not later than the 30th day | ||
before the date of the exclusion hearing under Section | ||
8021.0002(a): | ||
(1) publish notice of the exclusion hearing in a | ||
nationally recognized financial journal; and | ||
(2) mail notice of the exclusion hearing by certified | ||
mail to the paying agent or registrar of the district's outstanding | ||
bonds. | ||
(b) The notice required by Subsection (a) must advise any | ||
district bondholder, taxpayer, or other interested party that the | ||
person may appear at the exclusion hearing in support of or in | ||
opposition to the petition for exclusion. (Acts 75th Leg., R.S., | ||
Ch. 1272, Sec. 3; New.) | ||
Sec. 8021.0004. EXCLUSION WITH BOND REFUNDING. (a) Land | ||
may be excluded as authorized by this chapter in conjunction with a | ||
refunding of the district's outstanding bonds. | ||
(b) If land is excluded in the manner provided by Subsection | ||
(a), the only notice required is the notice specified by Section | ||
49.304, Water Code. (Acts 75th Leg., R.S., Ch. 1272, Sec. 4.) | ||
Sec. 8021.0005. APPLICABILITY OF CERTAIN OTHER LAW. | ||
Sections 49.307 and 49.308, Water Code, apply to an exclusion of | ||
land carried out under this chapter. (Acts 75th Leg., R.S., Ch. 1272, Sec. 5.) | ||
CHAPTER 8022. TANGLEWOOD FOREST LIMITED DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8022.0001. DEFINITION | ||
SUBCHAPTER B. FINANCIAL PROVISIONS | ||
Sec. 8022.0051. USE OF GENERAL OPERATING FUNDS | ||
CHAPTER 8022. TANGLEWOOD FOREST LIMITED DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8022.0001. DEFINITION. In this chapter, "district" | ||
means the Tanglewood Forest Limited District. (Acts 74th Leg., | ||
R.S., Ch. 675, Sec. 1.) | ||
SUBCHAPTER B. FINANCIAL PROVISIONS | ||
Sec. 8022.0051. USE OF GENERAL OPERATING FUNDS. | ||
Notwithstanding Section 54.236, Water Code, the district may use | ||
general operating funds to install, operate, and maintain street or | ||
security lighting in an area in the district: | ||
(1) that has had water utilities and streets installed | ||
for not less than eight years; and | ||
(2) in which the developer of the area has not | ||
installed street or security lighting as required as a condition of | ||
the municipality's granting its consent to the creation of the | ||
district under Section 54.016, Water Code. (Acts 74th Leg., R.S., Ch. 675, Sec. 2.) | ||
CHAPTER 8023. THE WOODLANDS METRO CENTER MUNICIPAL UTILITY DISTRICT | ||
Sec. 8023.0001. DEFINITION | ||
Sec. 8023.0002. EXCLUSION OF TERRITORY | ||
Sec. 8023.0003. ANNEXATION OR ADDITION OF TERRITORY | ||
CHAPTER 8023. THE WOODLANDS METRO CENTER MUNICIPAL UTILITY DISTRICT | ||
Sec. 8023.0001. DEFINITION. In this chapter, "district" | ||
means The Woodlands Metro Center Municipal Utility District, of | ||
Montgomery County, Texas. (Acts 72nd Leg., R.S., Ch. 322, Sec. | ||
1(2).) | ||
Sec. 8023.0002. EXCLUSION OF TERRITORY. (a) The district | ||
may exclude territory from the district after a bond election has | ||
been called or bonds have been issued only if: | ||
(1) the exclusion of the territory is not expressly | ||
prohibited by the orders or resolutions calling the bond election | ||
or authorizing the issuance of the bonds; | ||
(2) the district annexes or adds territory into the | ||
district that is sufficient to avoid an impairment of the security | ||
for payment of the voted or issued bonds and of any other contract | ||
obligations that are wholly or partly payable from or secured by ad | ||
valorem taxes or net revenues of the district; and | ||
(3) the exclusion and addition of territory is | ||
accomplished in conformity with the notice and hearing requirements | ||
relating to the exclusion and addition of territory prescribed by | ||
Subchapter J, Chapter 49, Water Code. | ||
(b) The district must finally annex or include the | ||
additional territory prescribed by Subsection (a)(2) | ||
simultaneously with the exclusion of the territory or not earlier | ||
than the 30th day before the date the territory is excluded. | ||
(c) Before the effective date of the exclusion, the district | ||
must receive from the territory proposed to be excluded payments of | ||
all rates, fees, and charges for water, sewer, or other district | ||
services provided to the territory, and of all ad valorem taxes, | ||
standby fees, and associated penalties and interest relating to the | ||
territory, that are due or overdue. | ||
(d) If ad valorem taxes or standby fees have not been | ||
established for the year in which the territory is to be excluded, | ||
the territory shall pay an amount determined by the district to be | ||
equal to the estimated ad valorem taxes or standby fees the district | ||
will establish for the year. (Acts 72nd Leg., R.S., Ch. 322, Sec. | ||
2.) | ||
Sec. 8023.0003. ANNEXATION OR ADDITION OF TERRITORY. (a) | ||
Territory annexed or added to the district is sufficient to avoid an | ||
impairment of the security for payment of an obligation of the | ||
district if: | ||
(1) the taxable value of the additional territory is | ||
equal to or greater than the taxable value of the excluded | ||
territory, as determined by the most recent certified county | ||
property tax rolls; and | ||
(2) the estimated cost to provide district facilities | ||
and services to the additional territory is equal to or less than | ||
the estimated cost to provide district facilities and services to | ||
the excluded territory, as determined by the district's engineer. | ||
(b) In addition to the requirements of Subsection (a), if | ||
the district's outstanding bonds or contract obligations are wholly | ||
or partly payable from or secured by the net revenues from the | ||
ownership or operation of the district's waterworks or sewer | ||
systems, the projected net revenues to be derived from the | ||
additional territory during the period ending on the anniversary of | ||
the date on which the territory is added must be equal to or greater | ||
than the projected net revenues that would be derived during that | ||
period from the excluded territory, as determined by the district's engineer. (Acts 72nd Leg., R.S., Ch. 322, Sec. 3.) | ||
CHAPTER 8024. BAYBROOK MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8024.0001. DEFINITIONS | ||
Sec. 8024.0002. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8024.0003. CONFLICTS OF LAW | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 8024.0051. ROAD UTILITY DISTRICT POWERS AND | ||
DUTIES | ||
Sec. 8024.0052. ROAD PROJECTS | ||
Sec. 8024.0053. RAPID TRANSIT AUTHORITY POWERS | ||
SUBCHAPTER C. FINANCIAL PROVISIONS | ||
Sec. 8024.0101. ELECTIONS REGARDING TAXES OR BONDS | ||
Sec. 8024.0102. MAINTENANCE TAX | ||
CHAPTER 8024. BAYBROOK MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8024.0001. DEFINITIONS. In this chapter: | ||
(1) "City" means the City of Houston, Texas. | ||
(2) "District" means the Baybrook Municipal Utility | ||
District No. 1. (Acts 77th Leg., R.S., Ch. 1386, Secs. 2(2), (3).) | ||
Sec. 8024.0002. FINDINGS OF PUBLIC USE AND BENEFIT. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 52, Article III, | ||
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1386, Sec. 3.) | ||
Sec. 8024.0003. CONFLICTS OF LAW. (a) This section applies | ||
only to laws enacted on or before June 16, 2001. | ||
(b) Chapter 49 or 54, Water Code, controls over a | ||
conflicting or inconsistent provision in general law relating to | ||
road utility districts. (Acts 77th Leg., R.S., Ch. 1386, Sec. 5 | ||
(part).) | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 8024.0051. ROAD UTILITY DISTRICT POWERS AND DUTIES. | ||
(a) The district has road utility district authority under Section | ||
52(b)(3), Article III, Texas Constitution, and Chapter 441, | ||
Transportation Code, including: | ||
(1) the authority to repair and maintain streets and | ||
roadways in the district; and | ||
(2) the ability to make contracts in the same manner as | ||
a road utility district under Subchapter E, Chapter 441, | ||
Transportation Code. | ||
(b) The district has all of the rights, powers, privileges, | ||
authority, duties, and functions conferred by the general laws | ||
applicable to a road utility district created under Section 52, | ||
Article III, Texas Constitution, to the extent those provisions can | ||
be made applicable. | ||
(c) The district is not subject to the requirements of | ||
Subchapter B, Chapter 441, Transportation Code. (Acts 77th Leg., | ||
R.S., Ch. 1386, Secs. 1 (part), 4, 5 (part), 9.) | ||
Sec. 8024.0052. ROAD PROJECTS. (a) To the extent | ||
authorized by Section 52, Article III, Texas Constitution, the | ||
district may construct, acquire, improve, maintain, and operate | ||
macadamized, graveled, or paved roads and turnpikes or improvements | ||
in aid of those roads or turnpikes in the district. | ||
(b) The improvements under Subsection (a) may include | ||
drainage or landscaping improvements and lights, signs, or signals | ||
that are incidental to the roads and turnpikes and the | ||
construction, maintenance, or operation of the roads and turnpikes. | ||
(c) A project authorized by this section must meet all | ||
applicable construction standards, zoning and subdivision | ||
requirements, and regulatory ordinances of the city. | ||
(d) On completion of a project authorized by this chapter, | ||
the district, with the consent of the city, may convey the project | ||
to the city if the conveyance is free of all district debt. If the | ||
city becomes the owner of a project, the city is responsible for all | ||
future maintenance and the district has no further responsibility | ||
for the project or its maintenance. (Acts 77th Leg., R.S., Ch. | ||
1386, Sec. 6.) | ||
Sec. 8024.0053. RAPID TRANSIT AUTHORITY POWERS. (a) The | ||
district has the powers of a metropolitan rapid transit authority | ||
under Section 451.065, Transportation Code. | ||
(b) The municipal consent and contract requirements in | ||
Section 451.065(d), Transportation Code, do not apply to the | ||
district. (Acts 77th Leg., R.S., Ch. 1386, Sec. 1 (part).) | ||
SUBCHAPTER C. FINANCIAL PROVISIONS | ||
Sec. 8024.0101. ELECTIONS REGARDING TAXES OR BONDS. (a) | ||
The district may issue bonds, notes, and other obligations secured | ||
by revenues or contract payments from any lawful source other than | ||
ad valorem taxes without an election. | ||
(b) The district may issue bonds, notes, and other | ||
obligations secured wholly or partly by ad valorem taxes only if the | ||
issuance is approved by a vote of a two-thirds majority of the | ||
district voters voting at an election held for that purpose. (Acts | ||
77th Leg., R.S., Ch. 1386, Sec. 7.) | ||
Sec. 8024.0102. MAINTENANCE TAX. The district may impose a | ||
maintenance tax at a rate not to exceed 25 cents on each $100 of | ||
assessed valuation of property in the district to be used for any | ||
authorized purpose of the district if the authority to impose the | ||
tax is approved by a majority of district voters voting at an | ||
election held for that purpose. (Acts 77th Leg., R.S., Ch. 1386, | ||
Sec. 8.) | ||
SECTION 1.03. RIVER AUTHORITIES. Subtitle G, Title 6, | ||
Special District Local Laws Code, is amended by adding Chapters 8508 and 8509 to read as follows: | ||
CHAPTER 8508. SULPHUR RIVER BASIN AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8508.0001. DEFINITIONS | ||
Sec. 8508.0002. NATURE OF AUTHORITY | ||
Sec. 8508.0003. PURPOSE OF CHAPTER | ||
Sec. 8508.0004. FINDING OF BENEFIT | ||
Sec. 8508.0005. REVIEW SCHEDULE UNDER SUNSET ACT | ||
Sec. 8508.0006. TERRITORY | ||
Sec. 8508.0007. LIBERAL CONSTRUCTION OF CHAPTER | ||
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS | ||
Sec. 8508.0051. MEMBERSHIP OF BOARD | ||
Sec. 8508.0052. TERMS | ||
Sec. 8508.0053. REMOVAL | ||
Sec. 8508.0054. VACANCY | ||
Sec. 8508.0055. BOND REQUIREMENT FOR DIRECTORS | ||
Sec. 8508.0056. COMPENSATION OF DIRECTORS | ||
Sec. 8508.0057. OFFICERS | ||
Sec. 8508.0058. DIRECTOR TRAINING PROGRAM | ||
Sec. 8508.0059. INTEREST IN CONTRACT | ||
Sec. 8508.0060. COMMITTEES | ||
Sec. 8508.0061. EXECUTIVE DIRECTOR | ||
Sec. 8508.0062. SEPARATION OF POLICYMAKING AND | ||
MANAGEMENT FUNCTIONS | ||
Sec. 8508.0063. DIRECTORS' AND EMPLOYEES' FIDELITY | ||
BONDS | ||
Sec. 8508.0064. AUTHORITY'S OFFICE | ||
Sec. 8508.0065. NEGOTIATED RULEMAKING AND ALTERNATIVE | ||
DISPUTE RESOLUTION | ||
Sec. 8508.0066. COMPLAINTS | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8508.0101. GENERAL POWERS AND DUTIES | ||
Sec. 8508.0102. EFFECT OF POWERS OF AUTHORITY ON | ||
POWERS OF OTHER DISTRICTS; | ||
COORDINATION AND JOINT UNDERTAKINGS | ||
AMONG DISTRICTS | ||
Sec. 8508.0103. GENERAL POWERS RELATING TO WORKS AND | ||
WATER | ||
Sec. 8508.0104. CONTROL AND USE OF WATERS | ||
Sec. 8508.0105. USE OF BEDS AND BANKS OF SULPHUR RIVER | ||
AND ITS TRIBUTARIES | ||
Sec. 8508.0106. WATER CONSERVATION PROGRAM | ||
Sec. 8508.0107. GROUNDWATER | ||
Sec. 8508.0108. APPLICABILITY OF CERTAIN ENVIRONMENTAL | ||
LAWS | ||
Sec. 8508.0109. PERMITS AND LICENSES | ||
Sec. 8508.0110. CONSULTATION WITH COUNTY JUDGE FOR | ||
CERTAIN PROPOSED PROJECTS | ||
Sec. 8508.0111. SERVICE CONTRACTS AND CHARGES | ||
Sec. 8508.0112. ACQUISITION, MAINTENANCE, AND | ||
OPERATION OF PROPERTY | ||
Sec. 8508.0113. ACQUISITION, CONSTRUCTION, | ||
MAINTENANCE, AND OPERATION OF | ||
FACILITIES | ||
Sec. 8508.0114. EMINENT DOMAIN | ||
Sec. 8508.0115. COST OF RELOCATING OR ALTERING | ||
PROPERTY | ||
Sec. 8508.0116. SALE, LEASE, EXCHANGE, OR OTHER | ||
DISPOSITION OF PROPERTY | ||
Sec. 8508.0117. GENERAL CONTRACT POWERS | ||
Sec. 8508.0118. POWER OF PERSONS TO CONTRACT WITH | ||
AUTHORITY | ||
Sec. 8508.0119. AWARD OF CERTAIN CONTRACTS | ||
Sec. 8508.0120. CONSTRUCTION CONTRACTS: PAYMENT | ||
Sec. 8508.0121. CONFLICT OF INTEREST IN CONTRACT | ||
Sec. 8508.0122. SURVEYS AND ENGINEERING INVESTIGATIONS | ||
Sec. 8508.0123. PLANS | ||
Sec. 8508.0124. ACCESS TO AUTHORITY PROPERTY | ||
Sec. 8508.0125. AUTHORITY TO EXERCISE POWERS OF | ||
POLITICAL SUBDIVISIONS UNDER WATER | ||
CODE | ||
Sec. 8508.0126. LIMITATIONS ON POWERS AND DUTIES OF | ||
AUTHORITY; COMMISSION APPROVAL OF | ||
CERTAIN PLANS | ||
Sec. 8508.0127. SUITS | ||
SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW | ||
PROVISIONS | ||
Sec. 8508.0151. ADOPTION AND ENFORCEMENT OF RULES | ||
Sec. 8508.0152. CIVIL PENALTY; INJUNCTIVE RELIEF | ||
Sec. 8508.0153. COURT REVIEW | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8508.0201. DISBURSEMENT OF MONEY | ||
Sec. 8508.0202. ACCOUNTS, CONTRACTS, AND OTHER | ||
RECORDS; PUBLIC INSPECTION | ||
Sec. 8508.0203. FEES AND CHARGES | ||
Sec. 8508.0204. TRUST MONEY | ||
Sec. 8508.0205. TAXES AND TAX DEBT PROHIBITED | ||
Sec. 8508.0206. DEPOSITORY | ||
Sec. 8508.0207. INVESTMENT OF AUTHORITY MONEY; | ||
APPLICATION OF INCOME FROM | ||
INVESTMENTS | ||
Sec. 8508.0208. FISCAL YEAR | ||
Sec. 8508.0209. AUDIT | ||
SUBCHAPTER F. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS | ||
Sec. 8508.0251. LOANS AND GRANTS | ||
Sec. 8508.0252. POWER TO APPLY FOR MONEY FOR | ||
ENGINEERING SURVEYS, DATA | ||
COMPILATION AND COLLECTION, AND | ||
OTHER PURPOSES | ||
Sec. 8508.0253. POWER TO ISSUE BONDS OR OTHER | ||
OBLIGATIONS | ||
Sec. 8508.0254. REFUNDING BONDS | ||
Sec. 8508.0255. FORM OF OBLIGATIONS | ||
Sec. 8508.0256. MATURITY | ||
Sec. 8508.0257. TRUST INDENTURE | ||
Sec. 8508.0258. ADDITIONAL OBLIGATIONS | ||
Sec. 8508.0259. ADDITIONAL PROVISIONS IN RESOLUTION | ||
AUTHORIZING OBLIGATIONS OR TRUST | ||
INDENTURE | ||
CHAPTER 8508. SULPHUR RIVER BASIN AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8508.0001. DEFINITIONS. In this chapter: | ||
(1) "Authority" means the Sulphur River Basin | ||
Authority. | ||
(2) "Basin" means the watersheds of the Sulphur River | ||
inside the authority's territory as defined by Section 8508.0006. | ||
(3) "Board" means the authority's board of directors. | ||
(4) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(5) "Development board" means the Texas Water | ||
Development Board. | ||
(6) "Director" means a board member. | ||
(7) "Public agency" means any government or | ||
governmental subdivision or agency. | ||
(8) "State" means the State of Texas or any of its | ||
agencies, departments, boards, political subdivisions, or other | ||
entities. | ||
(9) "Waste" means sewage, industrial waste, municipal | ||
waste, recreational waste, agricultural waste, or waste heat. | ||
(Acts 69th Leg., 1st C.S., Ch. 3, Secs. 2(1), (2), (3), (4), (6), | ||
(8), (9), (11); New.) | ||
Sec. 8508.0002. NATURE OF AUTHORITY. The authority is a | ||
conservation and reclamation district created under Section 59, | ||
Article XVI, Texas Constitution. (Acts 69th Leg., 1st C.S., Ch. 3, | ||
Sec. 1(a).) | ||
Sec. 8508.0003. PURPOSE OF CHAPTER. The purpose of this | ||
chapter is to authorize the authority to provide for the | ||
conservation and development of this state's natural resources | ||
inside the basin, including: | ||
(1) the control, storage, preservation, and | ||
distribution of this state's water for domestic and municipal uses, | ||
industrial uses, irrigation, mining and recovery of minerals, stock | ||
raising, underground water recharge, electric power generation, | ||
navigation, and other beneficial uses and purposes; | ||
(2) the reclamation and irrigation of land needing | ||
irrigation; | ||
(3) the reclamation and drainage of overflowed land | ||
and other land needing drainage; | ||
(4) the maintenance and enhancement of the quality of | ||
the water; | ||
(5) the conservation and development of the water; | ||
(6) the navigation of inland water; and | ||
(7) the provision of systems, facilities, and | ||
procedures for the collection, transportation, handling, | ||
treatment, and disposal of waste. (Acts 69th Leg., 1st C.S., Ch. 3, | ||
Sec. 4.) | ||
Sec. 8508.0004. FINDING OF BENEFIT. The legislature finds | ||
that all land included in the authority will benefit from the | ||
improvements to be acquired and constructed by the authority. | ||
(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 3(b).) | ||
Sec. 8508.0005. REVIEW SCHEDULE UNDER SUNSET ACT. A review | ||
of the authority under Section 325.025, Government Code, shall be | ||
conducted as if the authority were a state agency scheduled to be | ||
abolished September 1, 2029, and every 12th year after that year. | ||
(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 1A(a) (part).) | ||
Sec. 8508.0006. TERRITORY. (a) Unless modified under | ||
Subchapter J, Chapter 49, Water Code, or other law, the authority's | ||
territory is composed of the territory in each county in Texas, | ||
other than Fannin County, that is located wholly or partly in the | ||
watershed of the Sulphur River and its tributaries with confluences | ||
with the Sulphur River upstream from the eastern boundary of Texas, | ||
as those watersheds and tributaries are defined by maps on file with | ||
the development board. | ||
(b) The boundaries of the authority form a closure. A | ||
mistake in the description of the boundaries in the legislative | ||
process or another mistake does not affect: | ||
(1) the authority's organization, existence, or | ||
validity; | ||
(2) the authority's right to issue any type of bond for | ||
a purpose for which the authority is created or to pay the principal | ||
of or interest on the bond; or | ||
(3) the legality or operation of the authority or its | ||
governing body. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 3(a), 52; | ||
New.) | ||
Sec. 8508.0007. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed to achieve its purposes. | ||
(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 5 (part).) | ||
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS | ||
Sec. 8508.0051. MEMBERSHIP OF BOARD. (a) The board | ||
consists of seven directors appointed by the governor with the | ||
advice and consent of the senate. | ||
(b) The governor shall appoint one director to represent the | ||
authority at large. | ||
(c) The governor shall appoint two directors from each of | ||
the following regions: | ||
(1) Region 1: Bowie and Red River Counties; | ||
(2) Region 2: Cass, Franklin, Hunt, Morris, and Titus | ||
Counties; and | ||
(3) Region 3: Delta, Hopkins, and Lamar Counties. | ||
(d) Each director must be a qualified voter. | ||
(e) A director appointed under Subsection (c) must be a | ||
resident of a county in the region for which the director is | ||
appointed. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 6(a) (part), | ||
(b).) | ||
Sec. 8508.0052. TERMS. Directors serve for staggered terms | ||
of six years with two or three directors' terms expiring on February | ||
1 of each odd-numbered year. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. | ||
6(c); Acts 85th Leg., R.S., Ch. 276, Sec. 15(c).) | ||
Sec. 8508.0053. REMOVAL. (a) The governor may remove a | ||
director from office for: | ||
(1) inefficiency; | ||
(2) neglect of duty; | ||
(3) misconduct in office; or | ||
(4) absence from three consecutive regular board | ||
meetings. | ||
(b) Before a director is removed from office, the board | ||
shall call and hold a hearing on the charges against the director, | ||
and the director is entitled to appear at the hearing and present | ||
evidence to show why the director should not be removed from office. | ||
(c) Not later than the 30th day before the date of the | ||
hearing, the board shall give the accused director notice of: | ||
(1) the charges against the director; and | ||
(2) the time and place for the hearing. | ||
(d) An affirmative vote of not fewer than four of the | ||
directors is required to approve a recommendation for removal. | ||
(e) A recommendation for removal shall be forwarded to the | ||
governor for the governor's consideration and action as provided by | ||
this section. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 6(f).) | ||
Sec. 8508.0054. VACANCY. A vacancy on the board shall be | ||
filled in the manner provided by Section 8508.0051 for making the | ||
original appointment. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 6(e).) | ||
Sec. 8508.0055. BOND REQUIREMENT FOR DIRECTORS. As a | ||
qualification for office, a director must execute a bond in an | ||
amount determined by the board conditioned on the faithful | ||
performance of the director's duties. (Acts 69th Leg., 1st C.S., | ||
Ch. 3, Sec. 6(d).) | ||
Sec. 8508.0056. COMPENSATION OF DIRECTORS. (a) A director | ||
is entitled to receive $25 a day and reimbursement for actual and | ||
necessary expenses incurred: | ||
(1) for each day the director spends attending | ||
meetings of the board; and | ||
(2) for each day the director spends attending to the | ||
business of the authority that is authorized by the board. | ||
(b) A director is not entitled to receive a per diem | ||
allowance for more than 50 days in a calendar year. | ||
(c) In all areas of conflict with Subsection (a) or (b) of | ||
this section, Section 49.060, Water Code, takes precedence. | ||
(d) A director's compensation may be increased as | ||
authorized by Section 49.060, Water Code, by resolution adopted by | ||
the board in accordance with Subsection (e) of that section on or | ||
after September 1, 1995. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 8; | ||
New.) | ||
Sec. 8508.0057. OFFICERS. (a) The governor shall | ||
designate a director as the presiding officer of the board to serve | ||
in that capacity at the pleasure of the governor. | ||
(b) The board shall elect one or more vice presidents, a | ||
secretary, a treasurer, and other officers as the directors | ||
consider necessary. | ||
(c) The presiding officer and each vice president must be a | ||
director, but other officers are not required to be directors. | ||
(d) The offices of the secretary and treasurer may be | ||
combined, and the offices of assistant secretary and assistant | ||
treasurer may be combined. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. | ||
6(i), (j).) | ||
Sec. 8508.0058. DIRECTOR TRAINING PROGRAM. (a) A person | ||
who is appointed to and qualifies for office as a director may not | ||
vote, deliberate, or be counted as a director in attendance at a | ||
board meeting until the person completes a training program that | ||
complies with this section. | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing the authority's operations; | ||
(2) the authority's programs, functions, rules, and | ||
budget; | ||
(3) the scope of and limitations on the authority's | ||
rulemaking authority; | ||
(4) the results of the authority's most recent formal | ||
audit; | ||
(5) the requirements of: | ||
(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest; and | ||
(B) other laws applicable to members of the | ||
governing body of a river authority in performing their duties; and | ||
(6) any applicable ethics policies adopted by the | ||
board or the Texas Ethics Commission. | ||
(c) A person appointed to the board is entitled to | ||
reimbursement for the travel expenses incurred in attending the | ||
training program regardless of whether the attendance at the | ||
program occurs before or after the person qualifies for office. | ||
(d) The board shall create a training manual that includes | ||
the information required by Subsection (b). The board shall | ||
distribute a copy of the training manual annually to each director. | ||
On receipt of the training manual, each director shall sign a | ||
statement acknowledging receipt of the training manual. (Acts 69th | ||
Leg., 1st C.S., Ch. 3, Sec. 6A.) | ||
Sec. 8508.0059. INTEREST IN CONTRACT. (a) A director who | ||
has a financial interest in an authority contract for the purchase, | ||
sale, lease, rental, or supply of property, including supplies, | ||
materials, and equipment, or for the construction of facilities, | ||
shall disclose that fact to the other directors and may not vote on | ||
or participate in discussions during board meetings on the | ||
acceptance of the contract. | ||
(b) A director's financial interest does not affect the | ||
validity of a contract if disclosure is made and the director with | ||
the financial interest does not vote on the question of entering | ||
into the contract. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 7.) | ||
Sec. 8508.0060. COMMITTEES. (a) The board may appoint or | ||
establish committees from the board's directors as necessary or | ||
desirable to assist in conducting the authority's business. | ||
(b) Subject to the applicable rules of law on delegation of | ||
powers, the board may assign or delegate or provide for the | ||
assignment or delegation of any powers, duties, and functions to | ||
its committees as the board may provide by rule or resolution. | ||
(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 9.) | ||
Sec. 8508.0061. EXECUTIVE DIRECTOR. (a) The board may | ||
employ an executive director and set the executive director's | ||
salary and other compensation by majority vote of the qualified | ||
directors. | ||
(b) The executive director is the chief executive officer of | ||
the authority. | ||
(c) Under policies established by the board, the executive | ||
director is responsible to the board for: | ||
(1) administering the board's directives; | ||
(2) keeping the authority's records, including minutes | ||
of the meetings of the board and the executive committee; | ||
(3) coordinating with state, federal, and local | ||
agencies; | ||
(4) developing plans and programs for the approval of | ||
the board or the executive committee; | ||
(5) hiring, supervising, training, and discharging | ||
the authority's employees, as authorized by the board or the | ||
executive committee; | ||
(6) contracting for or retaining technical, | ||
scientific, legal, fiscal, and other professional services, as | ||
authorized by the board; and | ||
(7) performing any other duties assigned by the board. | ||
(d) The board may discharge the executive director on a | ||
majority vote of the qualified directors. (Acts 69th Leg., 1st | ||
C.S., Ch. 3, Sec. 10.) | ||
Sec. 8508.0062. SEPARATION OF POLICYMAKING AND MANAGEMENT | ||
FUNCTIONS. The board shall develop and implement policies that | ||
clearly separate the policymaking responsibilities of the board and | ||
the management responsibilities of the executive director and staff | ||
of the authority. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 10A.) | ||
Sec. 8508.0063. DIRECTORS' AND EMPLOYEES' FIDELITY BONDS. | ||
(a) The executive director, the treasurer, and any other officer, | ||
agent, or employee of the authority who has responsibilities that | ||
involve the collection, custody, or payment of authority money | ||
shall execute a fidelity bond. | ||
(b) The board must approve the form, amount, and surety of | ||
the bond. | ||
(c) The authority shall pay the premiums on the bonds | ||
required under this chapter. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. | ||
11.) | ||
Sec. 8508.0064. AUTHORITY'S OFFICE. The authority shall | ||
maintain its principal office inside its boundaries. (Acts 69th | ||
Leg., 1st C.S., Ch. 3, Sec. 12.) | ||
Sec. 8508.0065. NEGOTIATED RULEMAKING AND ALTERNATIVE | ||
DISPUTE RESOLUTION. (a) The board shall develop a policy to | ||
encourage the use of: | ||
(1) negotiated rulemaking procedures under Chapter | ||
2008, Government Code, for the adoption of authority rules; and | ||
(2) appropriate alternative dispute resolution | ||
procedures under Chapter 2009, Government Code, to assist in the | ||
resolution of internal and external disputes under the authority's | ||
jurisdiction. | ||
(b) The authority's procedures relating to alternative | ||
dispute resolution must conform, to the extent possible, to any | ||
model guidelines issued by the State Office of Administrative | ||
Hearings for the use of alternative dispute resolution by state | ||
agencies. | ||
(c) The authority shall: | ||
(1) coordinate the implementation of the policy | ||
adopted under Subsection (a); | ||
(2) provide training as needed to implement the | ||
procedures for negotiated rulemaking or alternative dispute | ||
resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 6B.) | ||
Sec. 8508.0066. COMPLAINTS. (a) The authority shall | ||
maintain a system to promptly and efficiently act on complaints | ||
filed with the authority. The authority shall maintain information | ||
about parties to the complaint, the subject matter of the | ||
complaint, a summary of the results of the review or investigation | ||
of the complaint, and its disposition. | ||
(b) The authority shall make information available | ||
describing its procedures for complaint investigation and | ||
resolution. | ||
(c) The authority shall periodically notify the parties to | ||
the complaint of the status of the complaint until final | ||
disposition. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 13A.) | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8508.0101. GENERAL POWERS AND DUTIES. (a) The | ||
authority shall: | ||
(1) administer this chapter; and | ||
(2) use its facilities and powers to accomplish the | ||
purposes of this chapter. | ||
(b) The authority may: | ||
(1) exercise the powers, rights, and privileges | ||
necessary or convenient for accomplishing the purposes of this | ||
chapter; and | ||
(2) perform any act necessary or convenient to the | ||
exercise of the powers, rights, privileges, or functions conferred | ||
by this chapter or other laws. | ||
(c) The board may provide for any expenditures it considers | ||
essential or useful in the maintenance, operation, and | ||
administration of the authority. (Acts 69th Leg., 1st C.S., Ch. 3, | ||
Secs. 16(a), (b), 38.) | ||
Sec. 8508.0102. EFFECT OF POWERS OF AUTHORITY ON POWERS OF | ||
OTHER DISTRICTS; COORDINATION AND JOINT UNDERTAKINGS AMONG | ||
DISTRICTS. (a) The powers granted to the authority by this chapter | ||
are not intended to restrict the powers of any conservation and | ||
reclamation district created under Section 59, Article XVI, Texas | ||
Constitution, inside the basin or area of the authority. It is the | ||
legislature's intent that the authority and those districts | ||
exercise their respective powers in a cooperative manner. | ||
(b) A district created under Section 59, Article XVI, or | ||
Sections 52(b)(1) and (2), Article III, Texas Constitution, on or | ||
before August 29, 1985, may: | ||
(1) coordinate its plans with the authority; and | ||
(2) enter into joint undertakings with the authority | ||
for the purposes for which the entities are created. | ||
(c) The acts taken under Subsection (b) must be approved by | ||
a majority of the boards of directors of the district and authority. | ||
(Acts 69th Leg., 1st C.S., Ch. 3, Secs. 16(c) (part), (d).) | ||
Sec. 8508.0103. GENERAL POWERS RELATING TO WORKS AND WATER. | ||
(a) The authority may exercise all the rights and powers of an | ||
independent agency and a body politic and corporate to construct, | ||
maintain, and operate, inside this state and in the watershed of the | ||
Sulphur River and its tributaries inside or outside the boundaries | ||
of the authority, any work considered essential: | ||
(1) to the authority's operation; and | ||
(2) for its administration in controlling, storing, | ||
preserving, and distributing the water, including storm water and | ||
floodwater, of the Sulphur River and its tributary streams. | ||
(b) The authority may exercise the power of control and | ||
regulation over the water of the Sulphur River and its tributaries | ||
as this state may exercise, subject to the constitution and laws of | ||
this state. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 1(d).) | ||
Sec. 8508.0104. CONTROL AND USE OF WATERS. (a) The | ||
authority may exercise power over the storm water and floodwater of | ||
the basin. | ||
(b) The authority may exercise the powers of control and use | ||
of the state's water in the following manner and for the following | ||
purposes: | ||
(1) to provide for the control and coordination of | ||
water use in the basin as a unit; | ||
(2) to provide by adequate organization and | ||
administration for the preservation of the rights of the people of | ||
the different sections of the basin in the beneficial use of water; | ||
(3) to provide for conserving storm water, floodwater, | ||
and the unappropriated flow of the basin, including the storage, | ||
control, transportation, treatment, and distribution of that | ||
water, and the prevention of the escape of water without the maximum | ||
of public service; | ||
(4) to provide for the prevention of the devastation | ||
of land from recurrent overflows; | ||
(5) to provide for the protection of life and property | ||
in the basin from uncontrolled floodwater; | ||
(6) to provide for the conservation of water essential | ||
for domestic and other water uses of the people of the basin, | ||
including necessary water supplies for municipalities and | ||
industrial districts; | ||
(7) to provide for the irrigation of land in the basin | ||
where irrigation is required for agricultural purposes or is | ||
considered helpful to more profitable agricultural production; | ||
(8) to provide for the equitable distribution of storm | ||
water, floodwater, and unappropriated flow water to meet the | ||
regional potential requirements for all uses; | ||
(9) to provide for the encouragement and development | ||
of drainage systems and provisions for the drainage of land in the | ||
valleys of the basin needing drainage for profitable agricultural | ||
and livestock production and industrial activities, and other | ||
drainage of land for the most advantageous use; | ||
(10) to provide for the conservation of soil against | ||
destructive erosion to prevent the increased flood menace incident | ||
to erosion; | ||
(11) to control and make available for use storm | ||
water, floodwater, and unappropriated flow water as authorized by | ||
the commission in the development of commercial and industrial | ||
enterprises in all sections of the watershed area of the authority; | ||
(12) to provide for each purpose and use for which | ||
storm water, floodwater, and unappropriated flow water when | ||
controlled and conserved may be used in the performance of a useful | ||
service as contemplated and authorized by the provisions of the | ||
constitution and laws of this state; | ||
(13) to control, store, and preserve the water of the | ||
basin inside the authority for any useful purpose; | ||
(14) to use, distribute, and sell water for any | ||
beneficial purpose inside and outside the authority; and | ||
(15) to acquire water and water rights inside and | ||
outside the authority. | ||
(c) The plans and works provided by the authority or under | ||
the power of the authority should give primary consideration to the | ||
necessary and potential needs for water by or in the various areas | ||
in the watershed of the basin. (Acts 69th Leg., 1st C.S., Ch. 3, | ||
Secs. 17(a), (b), (c).) | ||
Sec. 8508.0105. USE OF BEDS AND BANKS OF SULPHUR RIVER AND | ||
ITS TRIBUTARIES. Subject to the approval of the commission, the | ||
authority may use the beds and banks of the Sulphur River and its | ||
tributary streams for any purpose necessary to accomplish the | ||
authority's plans for storing, controlling, conserving, | ||
transporting, and distributing storm water, floodwater, and | ||
appropriated flow waters for useful purposes. (Acts 69th Leg., 1st | ||
C.S., Ch. 3, Sec. 36.) | ||
Sec. 8508.0106. WATER CONSERVATION PROGRAM. (a) In this | ||
section, "program of water conservation" means the use of | ||
practices, techniques, and technologies that will reduce water | ||
consumption, reduce water loss or waste, improve efficiency in | ||
water use, or increase water recycling and reuse so that a water | ||
supply is available for future uses. | ||
(b) The authority shall adopt and implement a program of | ||
water conservation consistent with rules and criteria adopted and | ||
enforceable by the commission and development board for similarly | ||
situated authorities. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. | ||
17(d).) | ||
Sec. 8508.0107. GROUNDWATER. (a) The authority may | ||
conduct surveys and studies of the groundwater supplies in the | ||
authority to: | ||
(1) determine the location and quantity of available | ||
groundwater; and | ||
(2) develop and ascertain other information that in | ||
the judgment of the board may be necessary to fully develop water | ||
uses from the groundwater in the authority. | ||
(b) With the approval and under the supervision of the | ||
commission, the authority may appropriate storm water and | ||
floodwater to recharge underground freshwater-bearing sand and | ||
aquifers in the basin. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 19.) | ||
Sec. 8508.0108. APPLICABILITY OF CERTAIN ENVIRONMENTAL | ||
LAWS. The authority is a river authority for the purposes and | ||
definitions of Chapter 30, Water Code, and Chapter 383, Health and | ||
Safety Code, as they apply to the authority. (Acts 69th Leg., 1st | ||
C.S., Ch. 3, Sec. 20 (part).) | ||
Sec. 8508.0109. PERMITS AND LICENSES. (a) The authority | ||
must apply for any permit, license, or other grant of authority | ||
required from the commission. | ||
(b) The authority may apply for any permit, license, or | ||
financial assistance it may need from any federal, state, or local | ||
governmental agency. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 23(a), | ||
(b).) | ||
Sec. 8508.0110. CONSULTATION WITH COUNTY JUDGE FOR CERTAIN | ||
PROPOSED PROJECTS. Before voting on a proposed project for which | ||
the board will seek a permit, the board shall obtain advice on the | ||
project from the county judge of each county in which the project is | ||
proposed to be located. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. | ||
23(c).) | ||
Sec. 8508.0111. SERVICE CONTRACTS AND CHARGES. (a) The | ||
authority may enter into service contracts and may adopt | ||
resolutions and orders establishing rates and providing for the | ||
collection of fees and charges for: | ||
(1) the sale or use of water; | ||
(2) the services of water transmission, treatment, and | ||
storage facilities; | ||
(3) liquid waste collection, treatment, and disposal | ||
services and facilities; | ||
(4) the sale of power and electric energy; and | ||
(5) any other services or facilities sold, furnished, | ||
or supplied by the authority. | ||
(b) The fees and charges must be sufficient to produce | ||
revenues adequate to: | ||
(1) pay expenses necessary for the operation and | ||
maintenance of the authority's property and facilities; | ||
(2) pay the principal of and interest on any bonds or | ||
other obligations issued by the authority when due and payable; | ||
(3) fulfill any reserve or other fund obligations of | ||
the authority in connection with the bonds or other obligations; | ||
and | ||
(4) pay any other expenses the board may consider | ||
necessary and proper for the authority's operations. (Acts 69th | ||
Leg., 1st C.S., Ch. 3, Sec. 24.) | ||
Sec. 8508.0112. ACQUISITION, MAINTENANCE, AND OPERATION OF | ||
PROPERTY. The authority may purchase, lease, acquire by gift, | ||
maintain, use, and operate property of any kind inside or outside | ||
the authority that is appropriate for the exercise of its powers or | ||
the accomplishment of its purposes. (Acts 69th Leg., 1st C.S., Ch. | ||
3, Sec. 26(a).) | ||
Sec. 8508.0113. ACQUISITION, CONSTRUCTION, MAINTENANCE, | ||
AND OPERATION OF FACILITIES. The authority may acquire, construct, | ||
extend, improve, maintain, reconstruct, use, and operate | ||
facilities inside or outside the authority that are necessary or | ||
convenient for the exercise of its powers, rights, duties, and | ||
functions or the accomplishment of its purposes. (Acts 69th Leg., | ||
1st C.S., Ch. 3, Sec. 27.) | ||
Sec. 8508.0114. EMINENT DOMAIN. (a) The authority may | ||
exercise the power of eminent domain to acquire land inside or | ||
outside the authority to carry out a power, right, privilege, or | ||
function authorized by this chapter if the board, after notice and | ||
hearing, determines that the action is necessary. | ||
(b) The authority must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code, except that the | ||
authority is not required to: | ||
(1) give bond for appeal or bond for costs in a | ||
condemnation suit or other suit to which it is a party; or | ||
(2) deposit double the amount of any award in any suit. | ||
(c) The authority's authority under this section to | ||
exercise the power of eminent domain expired on September 1, 2013, | ||
unless the authority submitted a letter to the comptroller in | ||
accordance with Section 2206.101(b), Government Code, not later | ||
than December 31, 2012. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. | ||
25(a), (b); New.) | ||
Sec. 8508.0115. COST OF RELOCATING OR ALTERING PROPERTY. | ||
(a) In this section, "sole expense" means the actual cost of | ||
relocating, raising, lowering, rerouting, changing the grade of, or | ||
altering the construction of a facility described by Subsection (b) | ||
to provide comparable replacement without enhancement of the | ||
facility, after deducting from that cost the net salvage value | ||
derived from the old facility. | ||
(b) If the authority's exercise of the power of eminent | ||
domain makes necessary relocating, raising, lowering, rerouting, | ||
changing the grade of, or altering the construction of a highway, | ||
railroad, electric transmission or distribution line, telephone or | ||
telegraph property or facility, or pipeline, the necessary action | ||
shall be accomplished at the sole expense of the authority. (Acts | ||
69th Leg., 1st C.S., Ch. 3, Sec. 25(c).) | ||
Sec. 8508.0116. SALE, LEASE, EXCHANGE, OR OTHER DISPOSITION | ||
OF PROPERTY. The authority may: | ||
(1) sell any property or interest in property owned by | ||
the authority by installments or otherwise, including a sale in any | ||
manner prescribed or authorized by: | ||
(A) Section 552.014, Local Government Code; | ||
(B) Chapter 30, Water Code; or | ||
(C) Chapter 383, Health and Safety Code; or | ||
(2) lease, exchange, or otherwise dispose of any | ||
property or interest in property. (Acts 69th Leg., 1st C.S., Ch. 3, | ||
Sec. 26(b).) | ||
Sec. 8508.0117. GENERAL CONTRACT POWERS. (a) The | ||
authority may enter into a contract or execute an instrument that is | ||
necessary or convenient for the exercise of its powers, rights, | ||
duties, and functions or the accomplishment of its purposes. | ||
(b) Notwithstanding any other law, the authority may: | ||
(1) undertake and carry out an activity that is | ||
related to or necessary in carrying out or performing a power or | ||
function of the authority; | ||
(2) enter into a contract, loan agreement, lease, or | ||
installment sales agreement; | ||
(3) acquire, purchase, construct, own, operate, | ||
maintain, repair, improve, or extend, or loan, lease, sell, or | ||
otherwise dispose of, including by such methods as a loan payment, | ||
rental, sale, or installment sale, as the parties may agree, any | ||
facility, plant, building, structure, equipment, or appliance or | ||
property or any interest in property; and | ||
(4) use any or all money or proceeds of bonds and other | ||
obligations. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 29(a), (b).) | ||
Sec. 8508.0118. POWER OF PERSONS TO CONTRACT WITH | ||
AUTHORITY. (a) A person may contract with the authority in any | ||
manner authorized by this chapter, Chapter 30, Water Code, or | ||
Chapter 383, Health and Safety Code, with respect to water, waste, | ||
pollution control, or any other facility or any service provided by | ||
the authority. | ||
(b) A public agency may enter into and execute a contract | ||
described by Subsection (a) with the authority and may determine, | ||
agree, and pledge that all or any part of its payments under the | ||
contract is payable from the source described in Section 30.030(c), | ||
Water Code, subject only to the authorization of the contract, | ||
pledge, and payments by the public agency's governing body. The | ||
public agency also may use and pledge any other available revenue or | ||
resource for payment of amounts due under the contract as an | ||
additional source of payment or as the sole source of payment. | ||
(c) A public agency may: | ||
(1) set fees, rates, charges, rentals, and other | ||
amounts, including water charges and garbage collection or handling | ||
fees, for any services or facilities provided by any utility | ||
operated by it, or provided pursuant to or in connection with any | ||
contract with the authority; | ||
(2) charge those amounts to and collect those amounts | ||
from its inhabitants or from any users or beneficiaries of the | ||
utility, services, or facilities; and | ||
(3) use and pledge that money to make payments to the | ||
authority required under the contract and may covenant to do so in | ||
amounts sufficient to make all or any part of those payments to the | ||
authority when due. | ||
(d) If a public agency and the authority agree in a | ||
contract, the payments made by the public agency to the authority | ||
under the contract are an expense of operation of any facilities or | ||
utility operated by the public agency. (Acts 69th Leg., 1st C.S., | ||
Ch. 3, Secs. 29(c), (d).) | ||
Sec. 8508.0119. AWARD OF CERTAIN CONTRACTS. (a) The | ||
authority shall award a contract to the lowest and best bidder if: | ||
(1) the contract is a: | ||
(A) construction, maintenance, operation, or | ||
repair contract; | ||
(B) contract for the purchase of material, | ||
equipment, or supplies; or | ||
(C) contract for services other than technical, | ||
scientific, legal, fiscal, or other professional services; and | ||
(2) the contract: | ||
(A) will require an estimated expenditure of more | ||
than $10,000; or | ||
(B) is for a term of six months or more. | ||
(b) If the board finds that an extreme emergency exists, the | ||
board may award a contract necessary to protect and preserve the | ||
public health and welfare or the property of the authority without | ||
using bidding procedures. | ||
(c) The authority shall publish notice to bidders once each | ||
week for three consecutive weeks before the date set for awarding | ||
the contract. The notice must be published in a newspaper with | ||
general circulation in the authority and may also be published in | ||
any other appropriate publication. | ||
(d) The notice is sufficient if it states: | ||
(1) the time and place at which the bids will be | ||
opened; | ||
(2) the terms on which copies of the plans, | ||
specifications, or other pertinent information may be obtained; | ||
(3) the general nature of the work to be done; and | ||
(4) the material, equipment, or supplies to be | ||
purchased or the nonprofessional services to be rendered. | ||
(e) A person who desires to bid on the construction of a work | ||
or project that is advertised for bids shall, on written | ||
application to the authority, be provided a copy of the plans and | ||
specifications or other engineering and architectural documents | ||
showing all of the details of the work to be done. The authority may | ||
make a charge to cover the cost of making the copy. | ||
(f) A bid must be: | ||
(1) in writing; | ||
(2) sealed and delivered to the authority; and | ||
(3) accompanied by a certified check drawn on a | ||
responsible bank in this state or, at the discretion of the | ||
authority, a bid bond from a company approved by the authority, in | ||
an amount equal to at least one percent of the total amount bid. | ||
(g) The authority shall open bids at the place specified in | ||
the published notice. The authority shall announce the bids. The | ||
place where the bids are opened and announced must be open to the | ||
public. The board shall make the award of the contract. | ||
(h) The person with whom a contract is made shall provide | ||
the performance and payment bonds required by law. | ||
(i) A check or bond provided under Subsection (f) is | ||
forfeited to the authority if the successful bidder fails or | ||
refuses to: | ||
(1) enter into a proper contract; or | ||
(2) provide a bond as required by law. | ||
(j) The authority may reject any or all bids and may waive | ||
any irregularity in the bids. | ||
(k) This section does not prohibit the authority from taking | ||
the following actions by negotiated contract and without necessity | ||
for advertising for bids: | ||
(1) purchasing or acquiring land or an interest in | ||
land from any person; | ||
(2) acquiring, constructing, or improving pollution | ||
control or waste collection and disposal facilities as provided by | ||
Chapter 30, Water Code, Chapter 383, Health and Safety Code, or | ||
other applicable law; or | ||
(3) purchasing or acquiring surplus property from a | ||
governmental entity. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 30(a), | ||
(b), (c), (d), (e), (g), (h).) | ||
Sec. 8508.0120. CONSTRUCTION CONTRACTS: PAYMENT. (a) The | ||
contract price of any construction contract of the authority may be | ||
paid in partial payments as the work progresses, but the payments | ||
may not exceed 90 percent of the amount due at the time of the | ||
payments as shown by the report of the engineer of the authority. | ||
(b) During the progress of the work, the executive director | ||
shall inspect the construction or have the construction inspected | ||
by the authority's engineer or the engineer's assistants. | ||
(c) On certification of the executive director and the | ||
authority's engineer of the completion of the contract in | ||
accordance with its terms and, in the case of any construction | ||
contract for which notice to bidders is required by this chapter, on | ||
approval of the board, the board shall draw a warrant on its | ||
depository to pay the balance due on the contract. (Acts 69th Leg., | ||
1st C.S., Ch. 3, Sec. 30(f).) | ||
Sec. 8508.0121. CONFLICT OF INTEREST IN CONTRACT. An | ||
officer, agent, or employee of the authority who is financially | ||
interested in a contract shall disclose that fact to the board | ||
before the board votes on the acceptance of the contract. (Acts | ||
69th Leg., 1st C.S., Ch. 3, Sec. 30(i).) | ||
Sec. 8508.0122. SURVEYS AND ENGINEERING INVESTIGATIONS. | ||
The authority may make surveys and engineering investigations to | ||
develop information for its use. (Acts 69th Leg., 1st C.S., Ch. 3, | ||
Sec. 34 (part).) | ||
Sec. 8508.0123. PLANS. The board may make and determine | ||
plans necessary to accomplish the purposes for which the authority | ||
is created and may carry out the plans. (Acts 69th Leg., 1st C.S., | ||
Ch. 3, Sec. 34 (part).) | ||
Sec. 8508.0124. ACCESS TO AUTHORITY PROPERTY. (a) To | ||
provide for the safety and welfare of persons and their property or | ||
for the protection and security of the authority's property and | ||
facilities, the board may adopt rules with respect to the | ||
authority's property and any water reservoir or dam the | ||
construction, operation, or management of which is participated in | ||
by the authority to control and regulate: | ||
(1) ingress, egress, and use; and | ||
(2) the operation of land and water vehicles. | ||
(b) All public roads, streets, and state highways that as of | ||
August 29, 1985, traversed the areas to be covered by any impounded | ||
water shall remain open as a way of public passing to and from the | ||
lakes created, unless changed by the authority. (Acts 69th Leg., | ||
1st C.S., Ch. 3, Sec. 35.) | ||
Sec. 8508.0125. AUTHORITY TO EXERCISE POWERS OF POLITICAL | ||
SUBDIVISIONS UNDER WATER CODE. The authority may exercise: | ||
(1) the powers vested in political subdivisions under | ||
Title 2, Water Code; and | ||
(2) the powers necessary to enable the authority to | ||
participate in programs administered by the development board, | ||
including programs for: | ||
(A) the acquisition and development of | ||
facilities; | ||
(B) the sale or lease of facilities; and | ||
(C) financial assistance to political | ||
subdivisions. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 37.) | ||
Sec. 8508.0126. LIMITATIONS ON POWERS AND DUTIES OF | ||
AUTHORITY; COMMISSION APPROVAL OF CERTAIN PLANS. (a) The powers | ||
granted and duties prescribed by this chapter are subject to all | ||
legislative declarations of public policy in the maximum use of the | ||
storm water, floodwater, and unappropriated flow water of the basin | ||
for the purposes for which the authority is created. | ||
(b) The commission shall consider the adequacy of, and | ||
approve or refuse to approve, any flood control or conservation | ||
improvement plan that: | ||
(1) is devised by the authority to achieve a plan or | ||
purpose for which the authority was created; and | ||
(2) contemplates improvements that are to be | ||
supervised by the commission under general law. (Acts 69th Leg., | ||
1st C.S., Ch. 3, Secs. 39(a) (part), (b).) | ||
Sec. 8508.0127. SUITS. (a) The authority may sue and be | ||
sued in the name of the authority. | ||
(b) Service of process may be accomplished by serving the | ||
presiding officer or a vice president of the board or the executive | ||
director. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 15(a), (b).) | ||
SUBCHAPTER D. REGULATORY POWERS; ENFORCEMENT AND COURT REVIEW | ||
PROVISIONS | ||
Sec. 8508.0151. ADOPTION AND ENFORCEMENT OF RULES. (a) The | ||
authority may adopt and enforce rules reasonably required to carry | ||
out this chapter. | ||
(b) The board shall adopt rules necessary for the conduct of | ||
the authority's business. | ||
(c) In adopting rules, the board shall comply, as | ||
appropriate, with the requirements of Chapters 2001 and 2002, | ||
Government Code. | ||
(d) The board shall print its rules and provide copies to | ||
any person on written request. (Acts 69th Leg., 1st C.S., Ch. 3, | ||
Secs. 6(h), 31.) | ||
Sec. 8508.0152. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A | ||
person who violates a rule or order of the authority is subject to a | ||
civil penalty of not less than $50 or more than $1,000 for each day | ||
of violation. | ||
(b) The authority may sue to recover the penalty in a | ||
district court in the county in which the violation occurred. A | ||
penalty shall be paid to the authority. | ||
(c) The authority may sue for injunctive relief in a | ||
district court in the county in which the violation of a rule or | ||
order occurred or is threatened. | ||
(d) The authority may sue for injunctive relief and a | ||
penalty in the same proceeding. (Acts 69th Leg., 1st C.S., Ch. 3, | ||
Sec. 32.) | ||
Sec. 8508.0153. COURT REVIEW. (a) A person who is | ||
adversely affected by a rule or order of the authority may sue the | ||
authority in a district court to set aside the rule or order before | ||
the 31st day after the date on which the rule or order takes effect. | ||
(b) Venue for a suit under Subsection (a) is in any county | ||
located wholly or partly in the authority. (Acts 69th Leg., 1st | ||
C.S., Ch. 3, Sec. 33.) | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8508.0201. DISBURSEMENT OF MONEY. The authority may | ||
disburse its money only by a check, draft, order, or other | ||
instrument signed by the person or persons authorized in the | ||
board's rules or by board resolution. (Acts 69th Leg., 1st C.S., | ||
Ch. 3, Sec. 40.) | ||
Sec. 8508.0202. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; | ||
PUBLIC INSPECTION. (a) The authority shall keep complete and | ||
accurate accounts of its business transactions in accordance with | ||
generally accepted methods of accounting. | ||
(b) The authority shall keep its accounts, contracts, | ||
documents, minutes, and other records at its principal office. | ||
(c) Except as otherwise required by law, the authority may | ||
not disclose any records that it has relating to trade secrets or | ||
the economics of operation of any business or industry. | ||
(d) Except as provided by Subsection (c), the authority | ||
shall permit reasonable public inspection of its records during | ||
regular business hours under rules adopted by the board. (Acts 69th | ||
Leg., 1st C.S., Ch. 3, Secs. 13(a), (c), (d), (e).) | ||
Sec. 8508.0203. FEES AND CHARGES. (a) The authority shall | ||
establish fees and charges. | ||
(b) The fees and charges may not exceed the amount necessary | ||
to fulfill the obligations imposed by this chapter. (Acts 69th | ||
Leg., 1st C.S., Ch. 3, Sec. 41.) | ||
Sec. 8508.0204. TRUST MONEY. Money collected by or | ||
donated, granted, loaned, or advanced to the authority is trust | ||
money for the purposes provided by this chapter. (Acts 69th Leg., | ||
1st C.S., Ch. 3, Sec. 44.) | ||
Sec. 8508.0205. TAXES AND TAX DEBT PROHIBITED. The | ||
authority may not: | ||
(1) impose a tax; or | ||
(2) create debt payable from taxes. (Acts 69th Leg., | ||
1st C.S., Ch. 3, Sec. 1(c).) | ||
Sec. 8508.0206. DEPOSITORY. (a) The board shall designate | ||
one or more banks inside or outside the authority to serve as a | ||
depository for the authority's money. | ||
(b) Authority money shall be deposited in a depository bank, | ||
except that the following may be handled as provided in a trust | ||
indenture or resolution: | ||
(1) bond proceeds or proceeds of other obligations; | ||
(2) money pledged to pay the obligations described by | ||
Subdivision (1); | ||
(3) money placed in special funds; and | ||
(4) money remitted to a bank of payment for the payment | ||
of the principal of and interest on obligations. | ||
(c) To the extent that money in a depository bank or a | ||
trustee bank is not invested or insured by the Federal Deposit | ||
Insurance Corporation, the money must be secured in the manner | ||
provided by law for the security of county money. | ||
(d) The board shall prescribe the term of service for a | ||
depository. | ||
(e) Before designating a depository bank, the board shall: | ||
(1) publish notice one time in one or more newspapers | ||
of general circulation in the authority that are specified by the | ||
board; or | ||
(2) mail a copy of the notice to each bank inside the | ||
authority. | ||
(f) The notice must: | ||
(1) state the time and place at which the board will | ||
meet to designate a depository bank or banks; and | ||
(2) invite the banks to submit an application to be | ||
designated a depository. | ||
(g) At the time stated in the notice, the board shall: | ||
(1) consider the application and the management and | ||
condition of each bank that applies; and | ||
(2) designate as a depository the bank or banks: | ||
(A) that offer the most favorable terms for | ||
handling the money; and | ||
(B) that the board finds have proper management | ||
and are in condition to handle the money. | ||
(h) Membership on the board of an officer or director of a | ||
bank does not disqualify the bank from being designated as a | ||
depository. | ||
(i) If the board does not receive an application before the | ||
time stated in the notice, the board shall designate one or more | ||
banks inside or outside the authority as a depository on terms the | ||
board considers advantageous to the authority. (Acts 69th Leg., | ||
1st C.S., Ch. 3, Sec. 47.) | ||
Sec. 8508.0207. INVESTMENT OF AUTHORITY MONEY; APPLICATION | ||
OF INCOME FROM INVESTMENTS. (a) Money in the treasury that is not | ||
required for the current payment of obligations of the authority or | ||
for sinking funds and that the board considers available for | ||
investment may be invested or reinvested by the authority in: | ||
(1) direct obligations of the United States; | ||
(2) obligations the principal and interest of which | ||
are guaranteed by the United States; | ||
(3) direct obligations of or participation | ||
certificates guaranteed by: | ||
(A) a farm credit bank; | ||
(B) the Federal National Mortgage Association; | ||
(C) a federal home loan bank; or | ||
(D) a bank for cooperatives; | ||
(4) certificates of deposit of a bank or trust company | ||
the deposits of which are fully secured by a pledge of securities of | ||
any of the institutions specified by this subsection; | ||
(5) other securities eligible for investment under | ||
other laws; or | ||
(6) a combination of the investments listed in this | ||
subsection. | ||
(b) The board shall determine the type and maturity of | ||
investments made under this section. | ||
(c) A resolution relating to the issuance of bonds or other | ||
obligations must include appropriate provisions relating to the | ||
investment of money in funds established in connection with the | ||
authorization of those bonds or other obligations. | ||
(d) The board shall direct the application of income from | ||
investments made under this section. (Acts 69th Leg., 1st C.S., Ch. | ||
3, Sec. 45.) | ||
Sec. 8508.0208. FISCAL YEAR. The authority's fiscal year | ||
ends on August 31 of each year. (Acts 69th Leg., 1st C.S., Ch. 3, | ||
Sec. 46(a).) | ||
Sec. 8508.0209. AUDIT. (a) In addition to including the | ||
information required by Subchapter G, Chapter 49, Water Code, the | ||
audit report prepared under that subchapter must state: | ||
(1) the amount of money received by the authority | ||
under this chapter during the preceding fiscal year; and | ||
(2) how, to whom, and for what purpose the money was | ||
spent. | ||
(b) A copy of the audit report prepared under Subchapter G, | ||
Chapter 49, Water Code, shall be filed: | ||
(1) as required by Section 49.194, Water Code; | ||
(2) with the governor; | ||
(3) with the lieutenant governor; | ||
(4) with the speaker of the house of representatives; | ||
(5) with the attorney general; and | ||
(6) with the comptroller. (Acts 69th Leg., 1st C.S., | ||
Ch. 3, Secs. 46(c), (d); New.) | ||
SUBCHAPTER F. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS | ||
Sec. 8508.0251. LOANS AND GRANTS. (a) The authority may: | ||
(1) borrow money or accept a grant or donation for its | ||
corporate purposes from any person, including a private source, the | ||
United States, this state, or a local government; and | ||
(2) enter into an agreement in connection with a loan, | ||
grant, or donation accepted under Subdivision (1). | ||
(b) The source of money accepted by the authority is public | ||
information. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 42.) | ||
Sec. 8508.0252. POWER TO APPLY FOR MONEY FOR ENGINEERING | ||
SURVEYS, DATA COMPILATION AND COLLECTION, AND OTHER PURPOSES. (a) | ||
The authority may apply to this state, the United States, or any | ||
other person for money necessary to: | ||
(1) secure engineering surveys and the compilation and | ||
collection of data relating to regional and general conditions | ||
entering into and influencing the character and extent of the | ||
improvements necessary to accomplish the storage, control, | ||
transportation, treatment, conservation, and equitable | ||
distribution to the greatest public advantage of the storm water, | ||
floodwater, and normal flow water that is stored and controlled; or | ||
(2) accomplish or carry out any of the other purposes | ||
of this chapter. | ||
(b) The authority: | ||
(1) shall request an amount it considers sufficient; | ||
(2) may make the necessary agreements with the party | ||
providing the money; and | ||
(3) may appropriate the amount of the estimated | ||
equitable contribution of the costs of developing essential | ||
engineering data. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 43.) | ||
Sec. 8508.0253. POWER TO ISSUE BONDS OR OTHER OBLIGATIONS. | ||
(a) For the purpose of carrying out any power provided by this | ||
chapter, including the payment of the expenses of preparing the | ||
master plan and the payment of engineering and other expenses, the | ||
authority may issue bonds or other obligations in one general class | ||
secured by a pledge of all or part of the revenue accruing to the | ||
authority from any source, including the revenue received from: | ||
(1) the sale of water or other products; | ||
(2) the rendition of services; | ||
(3) tolls; and | ||
(4) charges. | ||
(b) The obligations must be authorized by a board | ||
resolution. (Acts 69th Leg., 1st C.S., Ch. 3, Secs. 48(a), (b) | ||
(part).) | ||
Sec. 8508.0254. REFUNDING BONDS. (a) The authority may | ||
issue refunding bonds to refund outstanding obligations issued | ||
under this chapter. | ||
(b) Refunding bonds may be issued in the manner provided by | ||
Chapter 1207, Government Code. (Acts 69th Leg., 1st C.S., Ch. 3, | ||
Sec. 49 (part).) | ||
Sec. 8508.0255. FORM OF OBLIGATIONS. Authority obligations | ||
must: | ||
(1) be in the form prescribed by the board; | ||
(2) be issued in the authority's name; | ||
(3) be signed by the presiding officer or a vice | ||
president; | ||
(4) be attested by the secretary; and | ||
(5) bear the authority seal. (Acts 69th Leg., 1st | ||
C.S., Ch. 3, Secs. 48(b) (part), (c) (part).) | ||
Sec. 8508.0256. MATURITY. Authority obligations must | ||
mature not later than 50 years after the date of their issuance. | ||
(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 48(c) (part).) | ||
Sec. 8508.0257. TRUST INDENTURE. Authority obligations may | ||
be further secured by a trust indenture with a corporate trustee. | ||
(Acts 69th Leg., 1st C.S., Ch. 3, Sec. 48(c) (part).) | ||
Sec. 8508.0258. ADDITIONAL OBLIGATIONS. A pledge of | ||
revenue may reserve the right, under specified conditions, to issue | ||
additional obligations that will be on a parity with or subordinate | ||
to the obligations then being issued. (Acts 69th Leg., 1st C.S., | ||
Ch. 3, Sec. 48(d) (part).) | ||
Sec. 8508.0259. ADDITIONAL PROVISIONS IN RESOLUTION | ||
AUTHORIZING OBLIGATIONS OR TRUST INDENTURE. (a) The resolution | ||
authorizing obligations or the trust indenture further securing | ||
obligations may specify additional provisions that constitute a | ||
contract between the authority and the owners of those obligations. | ||
(b) The board may provide for the additional provisions, | ||
including a corporate trustee or receiver provided by the authority | ||
to take possession of authority facilities in the event of the | ||
authority's default in fulfilling the covenants. (Acts 69th Leg., 1st C.S., Ch. 3, Sec. 48(f).) | ||
CHAPTER 8509. PALO DURO WATER DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8509.0001. DEFINITIONS | ||
Sec. 8509.0002. NATURE OF DISTRICT | ||
Sec. 8509.0003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8509.0004. DISTRICT TERRITORY | ||
Sec. 8509.0005. CORRECTION OF INVALID PROCEDURES | ||
SUBCHAPTER B. PROCEDURES FOR ANNEXATION, WITHDRAWAL, OR | ||
DISSOLUTION | ||
Sec. 8509.0051. ANNEXATION OF TERRITORY | ||
Sec. 8509.0052. WITHDRAWAL FROM OR DISSOLUTION OF | ||
DISTRICT | ||
SUBCHAPTER C. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS | ||
Sec. 8509.0101. COMPOSITION OF BOARD; TERMS | ||
Sec. 8509.0102. QUALIFICATIONS FOR OFFICE | ||
Sec. 8509.0103. REMOVAL | ||
Sec. 8509.0104. VACANCY | ||
Sec. 8509.0105. OFFICERS | ||
Sec. 8509.0106. VOTE BY BOARD PRESIDENT | ||
Sec. 8509.0107. EMPLOYEES | ||
Sec. 8509.0108. DIRECTOR'S AND TREASURER'S BONDS | ||
Sec. 8509.0109. COMPENSATION OF DIRECTORS | ||
Sec. 8509.0110. INTEREST IN CONTRACT | ||
Sec. 8509.0111. DIRECTOR TRAINING PROGRAM | ||
Sec. 8509.0112. SEPARATION OF POLICYMAKING AND | ||
MANAGEMENT FUNCTIONS | ||
Sec. 8509.0113. COMPLAINTS | ||
Sec. 8509.0114. NEGOTIATED RULEMAKING AND ALTERNATIVE | ||
DISPUTE RESOLUTION | ||
Sec. 8509.0115. PUBLIC COMMENT POLICY | ||
Sec. 8509.0116. EXPENDITURES | ||
Sec. 8509.0117. SEAL | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 8509.0151. GENERAL WATER SUPPLY POWERS | ||
Sec. 8509.0152. GENERAL PROPERTY POWER | ||
Sec. 8509.0153. CONTRACTS TO SUPPLY WATER AND OPERATE | ||
FACILITIES | ||
Sec. 8509.0154. CONTROL OF STORM AND FLOOD WATERS | ||
Sec. 8509.0155. DISTRICT TO RECEIVE AND ACCEPT | ||
TECHNICAL AND FINANCIAL ASSISTANCE | ||
Sec. 8509.0156. WATER APPROPRIATION PERMITS | ||
Sec. 8509.0157. UNDERGROUND SOURCES OF WATER | ||
Sec. 8509.0158. LIMITATION ON CONSTRUCTION OF CERTAIN | ||
FACILITIES | ||
Sec. 8509.0159. DISPOSAL OF DISTRICT PROPERTY | ||
Sec. 8509.0160. EMINENT DOMAIN | ||
Sec. 8509.0161. COST OF RELOCATING OR ALTERING | ||
PROPERTY | ||
Sec. 8509.0162. CERTAIN POWERS RELATED TO DISTRICT | ||
PROPERTY | ||
Sec. 8509.0163. PARKS AND RECREATION FACILITIES | ||
Sec. 8509.0164. SURVEYS AND INVESTIGATIONS | ||
SUBCHAPTER E. REGULATORY POWERS | ||
Sec. 8509.0201. ADOPTION OF RULES | ||
Sec. 8509.0202. ENFORCEMENT OF RULES; PENALTY | ||
Sec. 8509.0203. NOTICE OF RULE PROVIDING PENALTY | ||
Sec. 8509.0204. JUDICIAL NOTICE OF RULES | ||
Sec. 8509.0205. ENFORCEMENT BY PEACE OFFICERS | ||
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8509.0251. TAX METHOD | ||
Sec. 8509.0252. AUTHORITY TO IMPOSE TAX; LIMITATION ON | ||
TAX RATE; TAX ELECTION | ||
Sec. 8509.0253. DEPOSITORY | ||
Sec. 8509.0254. PAYMENT OF TAX OR ASSESSMENT NOT | ||
REQUIRED | ||
SUBCHAPTER G. BONDS | ||
Sec. 8509.0301. AUTHORITY TO ISSUE BONDS | ||
Sec. 8509.0302. FORM OF BONDS | ||
Sec. 8509.0303. MATURITY | ||
Sec. 8509.0304. ELECTION FOR BONDS PAYABLE FROM AD | ||
VALOREM TAXES | ||
Sec. 8509.0305. BONDS PAYABLE FROM REVENUE | ||
Sec. 8509.0306. BONDS PAYABLE FROM AD VALOREM TAXES | ||
Sec. 8509.0307. TAX AND RATE REQUIREMENTS | ||
Sec. 8509.0308. ADDITIONAL SECURITY | ||
Sec. 8509.0309. TRUST INDENTURE | ||
Sec. 8509.0310. INTERIM BONDS OR NOTES | ||
Sec. 8509.0311. USE OF BOND PROCEEDS | ||
Sec. 8509.0312. APPOINTMENT OF RECEIVER | ||
Sec. 8509.0313. REFUNDING BONDS | ||
Sec. 8509.0314. LIMITATION ON RIGHTS OF BONDHOLDERS | ||
Sec. 8509.0315. BONDS EXEMPT FROM TAXATION | ||
CHAPTER 8509. PALO DURO WATER DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8509.0001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Palo Duro Water District. | ||
(5) "Member entity" means a county or municipality | ||
that is a member of the district. (Acts 63rd Leg., R.S., Ch. 438, | ||
Sec. 1B.) | ||
Sec. 8509.0002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district created under Section 59, | ||
Article XVI, Texas Constitution, and a political subdivision of | ||
this state. (Acts 63rd Leg., R.S., Ch. 438, Sec. 1.) | ||
Sec. 8509.0003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||
(a) The legislature finds that: | ||
(1) all land included in the district will benefit | ||
from the improvements to be acquired and constructed by the | ||
district; and | ||
(2) the district is created to serve a public use and | ||
benefit. | ||
(b) The accomplishment of the purposes stated in this | ||
chapter is for the benefit of the people of this state and for the | ||
improvement of their property and industries. The district, in | ||
carrying out the purposes of this chapter, will be performing an | ||
essential public function under the Texas Constitution. (Acts 63rd | ||
Leg., R.S., Ch. 438, Secs. 2 (part), 26 (part).) | ||
Sec. 8509.0004. DISTRICT TERRITORY. Unless modified under | ||
Subchapter J, Chapter 49, Water Code, this chapter or its | ||
predecessor statute, Chapter 438, Acts of the 63rd Legislature, | ||
Regular Session, 1973, or other law, the district's territory | ||
comprises all of the territory contained in: | ||
(1) Hansford and Moore Counties; and | ||
(2) the City of Stinnett. (Acts 63rd Leg., R.S., | ||
Ch. 438, Sec. 2 (part); New.) | ||
Sec. 8509.0005. CORRECTION OF INVALID PROCEDURES. If a | ||
court holds that any procedure under this chapter violates the | ||
Texas Constitution or the United States Constitution, the board by | ||
resolution may provide an alternative procedure that conforms with | ||
the constitution. (Acts 63rd Leg., R.S., Ch. 438, Sec. 31 (part).) | ||
SUBCHAPTER B. PROCEDURES FOR ANNEXATION, WITHDRAWAL, OR | ||
DISSOLUTION | ||
Sec. 8509.0051. ANNEXATION OF TERRITORY. (a) Territory, | ||
whether or not contiguous to the district, may be annexed to the | ||
district in the manner provided by this section. | ||
(b) The board may annex territory or a municipality under | ||
this section only if a petition requesting annexation is filed with | ||
the board. The petition must: | ||
(1) describe the territory to be annexed by metes and | ||
bounds, or otherwise, except that if the territory is the same as | ||
that contained in the boundaries of a municipality, the petition is | ||
sufficient if it states that the territory to be annexed is the | ||
territory contained in the municipal boundaries; and | ||
(2) be signed by 50 registered voters of the territory | ||
or municipality to be annexed, or a majority of the registered | ||
voters of that territory or municipality, whichever is fewer. | ||
(c) If the board determines that the petition complies with | ||
Subsection (b), that the annexation would be in the best interest of | ||
the territory or municipality and the district, and that the | ||
district will be able to supply water to the territory or | ||
municipality, the board shall: | ||
(1) adopt a resolution stating the conditions, if any, | ||
under which the territory or municipality may be annexed to the | ||
district; and | ||
(2) set a time and place to hold a hearing on the | ||
question of whether the territory or municipality to be annexed | ||
will benefit from: | ||
(A) the improvements, works, or facilities owned | ||
or operated or contemplated to be owned or operated by the district; | ||
or | ||
(B) the other functions of the district. | ||
(d) At least 10 days before the date of the hearing, notice | ||
of the adoption of the resolution must be published one time in a | ||
newspaper of general circulation in the territory or municipality | ||
proposed to be annexed. The notice must: | ||
(1) state the time and place of the hearing; and | ||
(2) describe the territory in the same manner in which | ||
Subsection (b) requires or permits the petition to describe the | ||
territory. | ||
(e) The hearing may proceed in the order and under the rules | ||
prescribed by the board and may be recessed. | ||
(f) Any interested person may appear at the hearing and | ||
offer evidence for or against the annexation. | ||
(g) If, at the conclusion of the hearing, the board finds | ||
that the property in the territory or municipality will benefit | ||
from the district's present or contemplated improvements, works, or | ||
facilities, the board shall adopt a resolution making a finding of | ||
the benefit and calling an election in the territory or | ||
municipality to be annexed. | ||
(h) The resolution must state: | ||
(1) the date of the election; | ||
(2) each place where the election will be held; and | ||
(3) the proposition to be voted on. | ||
(i) At least 10 days before the date set for the election, | ||
notice of the election must be given by publishing a substantial | ||
copy of the resolution calling the election one time in a newspaper | ||
of general circulation in the territory proposed to be annexed. | ||
(j) If a majority of the votes cast at the election are in | ||
favor of annexation, the board by resolution shall annex the | ||
territory to the district. | ||
(k) An annexation under this section is incontestable | ||
except in the manner and within the time for contesting elections | ||
under the Election Code. | ||
(l) In calling an election on the proposition for annexation | ||
of the territory or municipality, the board may include, as part of | ||
the same proposition or as a separate proposition, a proposition | ||
for: | ||
(1) the territory to assume its part of the district's | ||
tax-supported bonds then outstanding and those bonds previously | ||
voted but not yet sold; and | ||
(2) an ad valorem tax to be imposed on taxable property | ||
in the territory along with the tax in the rest of the district for | ||
payment of the bonds and maintenance taxes to be imposed as | ||
permitted by Section 8509.0252. | ||
(m) If an election under Subsection (l) fails, the annexed | ||
territory or municipality shall be excluded from the district. | ||
(Acts 63rd Leg., R.S., Ch. 438, Secs. 13(d)(1), (2) (part), (3) | ||
(part).) | ||
Sec. 8509.0052. WITHDRAWAL FROM OR DISSOLUTION OF DISTRICT. | ||
(a) A county or municipality may withdraw from the district or the | ||
district may dissolve according to this section. | ||
(b) To withdraw from the district or to dissolve the | ||
district, the governing body of a member entity must issue an order | ||
or adopt a resolution declaring the intent to withdraw from or to | ||
dissolve the district. The order or resolution must state: | ||
(1) the intention to withdraw from the district or to | ||
call for the dissolution of the district; and | ||
(2) the reasons supporting the withdrawal or | ||
dissolution. | ||
(c) Not later than the 30th day after the date the district | ||
receives an order issued or resolution adopted under Subsection | ||
(b), the district shall hold a public hearing on the matter | ||
described by the order or resolution. | ||
(d) For a proposed withdrawal of a county or municipality | ||
from the district, the member entities must reach a financial | ||
agreement that provides for sufficient revenue for maintaining the | ||
Palo Duro Reservoir and the dam that impounds the water in the | ||
reservoir. | ||
(e) For a proposed dissolution of the district, the member | ||
entities must reach a financial agreement that provides for the | ||
transfer of: | ||
(1) the ownership rights of the dam that impounds the | ||
water in the Palo Duro Reservoir to an entity that assumes | ||
responsibility for the maintenance of the dam and liability for | ||
actions related to the dam; | ||
(2) all district assets and liabilities to other | ||
entities; and | ||
(3) the responsibility for the continued provision of | ||
services, if the district provides services. | ||
(f) The board must provide an opportunity for the public to | ||
comment on the financial agreement described by Subsection (d) or | ||
(e) before the board votes as described by Subsection (g). The | ||
period for public comment must last not less than 10 days. | ||
(g) After consideration of the public comments submitted | ||
under Subsection (f), the board shall vote on the issue described by | ||
the order issued or resolution adopted under Subsection (b). The | ||
board may proceed with the withdrawal or dissolution only if | ||
two-thirds of all of the members of the board vote in favor of | ||
withdrawal or dissolution. | ||
(h) If the board votes in favor of withdrawal or dissolution | ||
as provided by Subsection (g), the governing body of each member | ||
entity shall vote on the matter of withdrawal or dissolution. | ||
(i) A withdrawal or dissolution authorized under this | ||
section does not take effect until: | ||
(1) the governing body of each county and municipality | ||
has voted in favor of withdrawal or dissolution; | ||
(2) all conditions specified in the financial | ||
agreement described by Subsection (d) or (e) have been met; and | ||
(3) all actions described in the financial agreement | ||
described by Subsection (d) or (e) have been completed. (Acts 63rd | ||
Leg., R.S., Ch. 438, Sec. 13A.) | ||
SUBCHAPTER C. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS | ||
Sec. 8509.0101. COMPOSITION OF BOARD; TERMS. (a) Four | ||
directors are appointed by the commissioners court of each county | ||
contained in the district, except for Hutchinson County, and one | ||
director is appointed by the city council of the City of Stinnett. | ||
(b) Directors serve staggered two-year terms expiring | ||
December 31. | ||
(c) Each December the commissioners court of each county | ||
contained in the district, except for Hutchinson County, and the | ||
city council of the City of Stinnett shall appoint a director or | ||
directors from that county or city to succeed the director or | ||
directors appointed by that commissioners court or city council | ||
whose terms expire on the 31st day of that month. (Acts 63rd Leg., | ||
R.S., Ch. 438, Secs. 17(a), (b) (part), (c) (part).) | ||
Sec. 8509.0102. QUALIFICATIONS FOR OFFICE. (a) A person | ||
may be appointed a director by the commissioners court of a county | ||
only if the person resides in and owns taxable property in the | ||
county from which the person is appointed. | ||
(b) A person may be appointed director by the city council | ||
of the City of Stinnett only if the person resides in and owns | ||
taxable property in the city. | ||
(c) A member of a governing body of a county or of the City | ||
of Stinnett or an employee of a county or of the City of Stinnett may | ||
not be appointed director. (Acts 63rd Leg., R.S., Ch. 438, | ||
Secs. 17(b) (part), (c) (part).) | ||
Sec. 8509.0103. REMOVAL. Not earlier than the 10th day | ||
after the date a director receives written notice of a charge | ||
against the director, and after an opportunity to be heard in person | ||
or through the appearance of counsel at a public hearing on the | ||
matter of the charge described by the notice, the board may remove a | ||
director for: | ||
(1) inefficiency; | ||
(2) neglect of duty; or | ||
(3) misconduct in office. (Acts 63rd Leg., R.S., | ||
Ch. 438, Sec. 19C.) | ||
Sec. 8509.0104. VACANCY. (a) If a director appointed by | ||
the commissioners court of a county ceases to reside in the county | ||
or otherwise ceases to serve as a director, the commissioners court | ||
of that county shall appoint a director to fill the vacancy for the | ||
unexpired term. | ||
(b) If a director appointed by the city council of the City | ||
of Stinnett ceases to reside in the city or otherwise ceases to | ||
serve as a director, the city council of that city shall appoint a | ||
director to fill the vacancy for the unexpired term. (Acts 63rd | ||
Leg., R.S., Ch. 438, Secs. 17(b) (part), (c) (part).) | ||
Sec. 8509.0105. OFFICERS. (a) The board shall elect from | ||
the board's membership a president, a vice president, and any other | ||
officers as the board determines necessary. The president is the | ||
district's chief executive officer and the board's presiding | ||
officer. Except as provided by Section 8509.0106, the vice | ||
president shall act as president if the president is absent or fails | ||
or declines to act. | ||
(b) The board shall appoint a secretary and a treasurer, who | ||
are not required to be directors. The board may combine the offices | ||
of secretary and treasurer. (Acts 63rd Leg., R.S., Ch. 438, Sec. 18 | ||
(part).) | ||
Sec. 8509.0106. VOTE BY BOARD PRESIDENT. The president has | ||
the same right to vote as any other director. The vice president | ||
may not exercise the president's right to vote. (Acts 63rd Leg., | ||
R.S., Ch. 438, Sec. 18 (part).) | ||
Sec. 8509.0107. EMPLOYEES. The board may employ a general | ||
manager, attorneys, accountants, engineers, or other technical or | ||
nontechnical employees or assistants and set the amount and manner | ||
of their compensation. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19 | ||
(part).) | ||
Sec. 8509.0108. DIRECTOR'S AND TREASURER'S BONDS. (a) Each | ||
director shall give bond in the amount of $5,000 conditioned on the | ||
faithful performance of the director's duties. | ||
(b) The treasurer shall give bond in an amount required by | ||
the board. The treasurer's bond must be conditioned on the | ||
treasurer's faithful accounting for all money that comes into the | ||
treasurer's custody as district treasurer. (Acts 63rd Leg., R.S., | ||
Ch. 438, Secs. 17(c) (part), 18 (part).) | ||
Sec. 8509.0109. COMPENSATION OF DIRECTORS. (a) Unless the | ||
board by resolution increases the fee to an amount authorized by | ||
Section 49.060, Water Code, each director: | ||
(1) shall receive a fee for attending each board | ||
meeting not to exceed $25 for a meeting or $50 in one calendar | ||
month; and | ||
(2) is entitled to an additional amount not to exceed | ||
$25 for each day that the director devotes to serving the district's | ||
business if the service is expressly approved by the board. | ||
(b) In all areas of conflict with Subsection (a) of this | ||
section, Section 49.060, Water Code, takes precedence. (Acts 63rd | ||
Leg., R.S., Ch. 438, Sec. 17(d) (part); New.) | ||
Sec. 8509.0110. INTEREST IN CONTRACT. (a) A director who | ||
has a financial interest in a contract under consideration by the | ||
district for the purchase, sale, lease, rental, or supply of | ||
property, including supplies, materials, and equipment, or the | ||
construction of facilities, shall disclose that fact to the other | ||
directors and may not vote on or participate in discussions during | ||
board meetings on the acceptance of the contract. | ||
(b) A director's financial interest does not affect the | ||
validity of a contract if disclosure is made and the director with | ||
the financial interest does not vote on the question of entering | ||
into the contract. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19B.) | ||
Sec. 8509.0111. DIRECTOR TRAINING PROGRAM. (a) A person | ||
who is appointed to and qualifies for office as a director may not | ||
vote, deliberate, or be counted as a director in attendance at a | ||
board meeting until the person completes a training program that | ||
complies with this section. | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing district operations; | ||
(2) the district's programs, functions, rules, and | ||
budget; | ||
(3) the scope of and limitations on the district's | ||
rulemaking authority; | ||
(4) the results of the district's most recent formal | ||
audit; | ||
(5) the requirements of: | ||
(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest; and | ||
(B) other laws applicable to members of the | ||
governing body of a water district in performing their duties; and | ||
(6) any applicable ethics policies adopted by the | ||
board or the Texas Ethics Commission. | ||
(c) A person appointed to the board is entitled to | ||
reimbursement for the travel expenses incurred in attending the | ||
training program regardless of whether the attendance at the | ||
program occurs before or after the person qualifies for office. | ||
(d) The board shall create a training manual that includes | ||
the information required by Subsection (b). The board shall | ||
distribute a copy of the training manual annually to each director. | ||
On receipt of the training manual, each director shall sign a | ||
statement acknowledging receipt of the training manual. (Acts 63rd | ||
Leg., R.S., Ch. 438, Sec. 19D.) | ||
Sec. 8509.0112. SEPARATION OF POLICYMAKING AND MANAGEMENT | ||
FUNCTIONS. The board shall develop and implement policies that | ||
clearly separate the policymaking responsibilities of the board and | ||
the management responsibilities of the district's general manager | ||
and staff. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19E.) | ||
Sec. 8509.0113. COMPLAINTS. (a) The district shall | ||
maintain a system to promptly and efficiently act on complaints | ||
filed with the district. The district shall maintain information | ||
about parties to the complaint, the subject matter of the | ||
complaint, a summary of the results of the review or investigation | ||
of the complaint, and its disposition. | ||
(b) The district shall make information available | ||
describing its procedures for complaint investigation and | ||
resolution. | ||
(c) The district shall periodically notify the parties to | ||
the complaint of the status of the complaint until final | ||
disposition. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19F.) | ||
Sec. 8509.0114. NEGOTIATED RULEMAKING AND ALTERNATIVE | ||
DISPUTE RESOLUTION. (a) The district shall develop a policy to | ||
encourage the use of: | ||
(1) negotiated rulemaking procedures under Chapter | ||
2008, Government Code, for the adoption of district rules; and | ||
(2) appropriate alternative dispute resolution | ||
procedures under Chapter 2009, Government Code, to assist in the | ||
resolution of internal and external disputes under the district's | ||
jurisdiction. | ||
(b) The district's procedures relating to alternative | ||
dispute resolution must conform, to the extent possible, to any | ||
model guidelines issued by the State Office of Administrative | ||
Hearings for the use of alternative dispute resolution by state | ||
agencies. | ||
(c) The district shall: | ||
(1) coordinate the implementation of the policy | ||
adopted under Subsection (a); | ||
(2) provide training as needed to implement the | ||
procedures for negotiated rulemaking or alternative dispute | ||
resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19G.) | ||
Sec. 8509.0115. PUBLIC COMMENT POLICY. The board shall | ||
develop and implement policies that provide the public with a | ||
reasonable opportunity to appear before the board and to speak on | ||
any agenda item at board meetings. (Acts 63rd Leg., R.S., Ch. 438, | ||
Sec. 19A.) | ||
Sec. 8509.0116. EXPENDITURES. The board may provide for | ||
the payment of expenditures considered essential to the proper | ||
maintenance of the district and its affairs. (Acts 63rd Leg., R.S., | ||
Ch. 438, Sec. 19 (part).) | ||
Sec. 8509.0117. SEAL. The board may adopt a seal for the | ||
district. (Acts 63rd Leg., R.S., Ch. 438, Sec. 18 (part).) | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 8509.0151. GENERAL WATER SUPPLY POWERS. (a) The | ||
district, inside or outside its boundaries, may: | ||
(1) develop, construct, or purchase a dam or | ||
reservoir; | ||
(2) in order to preserve and protect the purity of the | ||
waters of the state and of the district and conserve and reclaim | ||
those waters for beneficial use by the district's inhabitants, | ||
provide any plant, work, facility, or appliance incident to or | ||
helpful or necessary to the collection, transportation, | ||
processing, disposal, or control of those waters for agricultural, | ||
municipal, domestic, oil field flooding, mining, or industrial | ||
purposes; | ||
(3) construct or purchase any plant or other facility | ||
necessary or useful to: | ||
(A) provide a source of water supply; | ||
(B) store or process the water; or | ||
(C) transport or distribute the water for | ||
irrigation, livestock raising, agricultural, municipal, domestic, | ||
or industrial purposes; | ||
(4) impound, store, control, and conserve the storm | ||
and flood waters and the unappropriated flow waters, including the | ||
storm and flood waters and unappropriated flow waters of Palo Duro | ||
Creek and Horse Creek, by complying with Subchapters A-D, Chapter | ||
11, and Subchapter B, Chapter 12, Water Code; | ||
(5) acquire or construct a dam or any work, plant, or | ||
other facility necessary or useful to impound, process, or | ||
transport water to a municipality or other entity for municipal, | ||
agricultural, domestic, industrial, oil field flooding, or mining | ||
purposes; and | ||
(6) develop or purchase additional sources of water, | ||
subject to Section 8509.0157. | ||
(b) The district may acquire land inside or outside the | ||
district's boundaries and construct, lease, or otherwise acquire | ||
any work, plant, or other facility necessary or useful to: | ||
(1) divert, further impound, or store water; | ||
(2) process the water; or | ||
(3) transport the water to a municipality or other | ||
entity for agricultural, municipal, domestic, industrial, oil | ||
field flooding, or mining purposes. | ||
(c) The board shall determine the size of a dam and | ||
reservoir developed, constructed, or purchased under Subsection | ||
(a), taking into consideration probable future increases in water | ||
requirements. The size of the dam may not be limited by the amount | ||
of water the commission initially authorizes to be impounded by the | ||
dam. | ||
(d) The district may lease or otherwise acquire rights in | ||
and to storage and storage capacity in any reservoir constructed or | ||
to be constructed by any person or from the United States. (Acts | ||
63rd Leg., R.S., Ch. 438, Secs. 3 (part), 8, 9, 12 (part).) | ||
Sec. 8509.0152. GENERAL PROPERTY POWER. In addition to | ||
powers granted the district under other law, the district has the | ||
power to purchase, construct, maintain, or in any other manner | ||
acquire, provide, and develop all works, facilities, improvements, | ||
lands, easements, and properties that may be necessary or useful in | ||
fulfilling any district purpose. (Acts 63rd Leg., R.S., Ch. 438, | ||
Sec. 11 (part).) | ||
Sec. 8509.0153. CONTRACTS TO SUPPLY WATER AND OPERATE | ||
FACILITIES. (a) The district may contract with a municipality or | ||
other entity to supply water to the municipality or entity. | ||
(b) The district may contract with a municipality for the | ||
rental or leasing of or for the operation of the municipality's | ||
water production, water supply, and water filtration or | ||
purification facilities on the consideration agreed to by the | ||
district and the municipality. | ||
(c) A contract entered into under this section may: | ||
(1) be on terms and for the time agreed to by the | ||
parties; and | ||
(2) provide that the contract will continue in effect | ||
until bonds specified in the contract and refunding bonds issued in | ||
lieu of the bonds are paid. (Acts 63rd Leg., R.S., Ch. 438, Sec. 6.) | ||
Sec. 8509.0154. CONTROL OF STORM AND FLOOD WATERS. The | ||
district may: | ||
(1) control, store, conserve, protect, distribute, | ||
and use the storm and flood waters in the district for all useful | ||
purposes permitted by law; and | ||
(2) implement flood prevention and control measures in | ||
the district and prevent or aid in preventing damage to district | ||
lands and the soil and fertility of those lands. (Acts 63rd Leg., | ||
R.S., Ch. 438, Sec. 11 (part).) | ||
Sec. 8509.0155. DISTRICT TO RECEIVE AND ACCEPT TECHNICAL | ||
AND FINANCIAL ASSISTANCE. The district may receive and accept | ||
technical and financial assistance from other districts or state | ||
agencies or from the United States to accomplish the purposes | ||
described by Sections 8509.0152 and 8509.0154. (Acts 63rd Leg., | ||
R.S., Ch. 438, Sec. 11 (part).) | ||
Sec. 8509.0156. WATER APPROPRIATION PERMITS. (a) Through | ||
an appropriate hearing, the district may obtain an appropriation | ||
permit from the commission, as provided by Subchapters A-D, Chapter | ||
11, and Subchapter B, Chapter 12, Water Code. | ||
(b) On application of the district or at the will of the | ||
commission and after an appropriate hearing, the commission may | ||
modify an appropriation permit obtained by the district from the | ||
commission to increase or decrease the amount of water that may be | ||
appropriated and the amount that may be stored by the district to | ||
meet fluctuating demands. | ||
(c) On application by the district or by the commission's | ||
own action, the commission shall redetermine the maximum amount of | ||
water that the district may store in the district's reservoir. In | ||
making this determination, the commission shall consider the needs | ||
of the municipalities and other entities that purchase water from | ||
the district. | ||
(d) The district may acquire a water appropriation permit | ||
from a permit owner. (Acts 63rd Leg., R.S., Ch. 438, Secs. 7, 12 | ||
(part).) | ||
Sec. 8509.0157. UNDERGROUND SOURCES OF WATER. The district | ||
may not develop or otherwise acquire underground sources of water. | ||
(Acts 63rd Leg., R.S., Ch. 438, Sec. 5(a) (part).) | ||
Sec. 8509.0158. LIMITATION ON CONSTRUCTION OF CERTAIN | ||
FACILITIES. The district may not construct a dam or other facility | ||
for impounding water unless the plans for the dam or facility are | ||
approved by the commission. (Acts 63rd Leg., R.S., Ch. 438, Sec. | ||
5(a) (part).) | ||
Sec. 8509.0159. DISPOSAL OF DISTRICT PROPERTY. The | ||
district may sell, trade, or otherwise dispose of any property | ||
considered by the district not to be needed for district purposes, | ||
subject to the terms of any deed of trust or other indenture. (Acts | ||
63rd Leg., R.S., Ch. 438, Sec. 5(b).) | ||
Sec. 8509.0160. EMINENT DOMAIN. (a) To carry out a power | ||
conferred by this chapter, the district may exercise the power of | ||
eminent domain to acquire: | ||
(1) the fee simple title to land and other property and | ||
easements inside the district, including land needed for a | ||
reservoir or dam or a flood easement above the probable high-water | ||
line around a reservoir; and | ||
(2) the fee simple title to land and other property and | ||
easements outside the district, except for land, other property, | ||
and easements to be used for a dam or facility for the impoundment | ||
or storage of water. | ||
(b) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code. | ||
(c) The district is a municipal corporation for the purposes | ||
of Section 21.021, Property Code. | ||
(d) The district may not exercise the power of eminent | ||
domain to acquire property owned by any other political | ||
subdivision. | ||
(e) In exercising the power of eminent domain against a | ||
person that has the power of eminent domain or a receiver or trustee | ||
for that person, the district may acquire an easement only and not | ||
the fee title. | ||
(f) The board shall determine the amount of and the type of | ||
interest in land, other property, or easements to be acquired under | ||
this section. | ||
(g) The district's authority under this section to exercise | ||
the power of eminent domain expired on September 1, 2013, unless the | ||
district submitted a letter to the comptroller in accordance with | ||
Section 2206.101(b), Government Code, not later than December 31, | ||
2012. (Acts 63rd Leg., R.S., Ch. 438, Sec. 10; New.) | ||
Sec. 8509.0161. COST OF RELOCATING OR ALTERING PROPERTY. | ||
If the district's exercise of the power of eminent domain, the power | ||
of relocation, or any other power granted by this chapter makes | ||
necessary relocating, raising, rerouting, changing the grade of, or | ||
altering the construction of a highway, railroad, electric | ||
transmission line, telephone or telegraph property or facility, or | ||
pipeline, the necessary action shall be accomplished at the | ||
district's sole expense. (Acts 63rd Leg., R.S., Ch. 438, Sec. 15.) | ||
Sec. 8509.0162. CERTAIN POWERS RELATED TO DISTRICT | ||
PROPERTY. The district may: | ||
(1) lease the hunting rights on property owned by the | ||
district; | ||
(2) develop, manage, or lease property owned by the | ||
district for any recreational purpose; and | ||
(3) lease property owned by the district to a person | ||
seeking to develop renewable energy resources. (Acts 63rd Leg., | ||
R.S., Ch. 438, Sec. 3A.) | ||
Sec. 8509.0163. PARKS AND RECREATION FACILITIES. The | ||
district may establish or otherwise provide for public parks and | ||
recreation facilities and may acquire land in the district for | ||
those purposes. (Acts 63rd Leg., R.S., Ch. 438, Sec. 14.) | ||
Sec. 8509.0164. SURVEYS AND INVESTIGATIONS. The board may | ||
conduct a survey or an engineering investigation to provide | ||
information for the district to facilitate the accomplishment of a | ||
district purpose. (Acts 63rd Leg., R.S., Ch. 438, Sec. 19 (part).) | ||
SUBCHAPTER E. REGULATORY POWERS | ||
Sec. 8509.0201. ADOPTION OF RULES. The board may adopt | ||
reasonable rules to: | ||
(1) secure, maintain, and preserve the sanitary | ||
condition of water in and water that flows into any reservoir owned | ||
by the district; | ||
(2) prevent waste of or the unauthorized use of water; | ||
and | ||
(3) regulate residence, hunting, fishing, boating, | ||
camping, and any other recreational or business privilege along or | ||
around any reservoir, body of land, or easement owned by the | ||
district. (Acts 63rd Leg., R.S., Ch. 438, Sec. 13(a).) | ||
Sec. 8509.0202. ENFORCEMENT OF RULES; PENALTY. (a) The | ||
district by rule may prescribe reasonable penalties for the | ||
violation of a district rule. | ||
(b) A penalty may consist of a fine not to exceed $200. | ||
(c) A penalty prescribed under this section is in addition | ||
to any other penalty provided by the laws of this state. (Acts 63rd | ||
Leg., R.S., Ch. 438, Sec. 13(b) (part).) | ||
Sec. 8509.0203. NOTICE OF RULE PROVIDING PENALTY. (a) If | ||
the district adopts a rule that provides a penalty, the district | ||
must publish a substantive statement of the rule and the penalty | ||
once a week for two consecutive weeks in each county in which any | ||
part of the reservoir to which the rule applies is situated. | ||
(b) A single statement must be as condensed as possible so | ||
that the act prohibited by the rule can be easily understood. | ||
(c) The statement may include notice of any number of rules. | ||
(d) The notice must state that: | ||
(1) a person who violates the rule is subject to a | ||
penalty; and | ||
(2) the rule is on file in the district's principal | ||
office, where the rule may be read by any interested person. | ||
(e) A rule takes effect five days after the date of second | ||
publication of the statement under this section. (Acts 63rd Leg., | ||
R.S., Ch. 438, Sec. 13(b) (part).) | ||
Sec. 8509.0204. JUDICIAL NOTICE OF RULES. A court shall | ||
take judicial notice of a rule adopted under this subchapter and | ||
published as required by Section 8509.0203, and the court shall | ||
consider the rule to be similar in nature to a penal ordinance of a | ||
municipality. (Acts 63rd Leg., R.S., Ch. 438, Sec. 13(b) (part).) | ||
Sec. 8509.0205. ENFORCEMENT BY PEACE OFFICERS. (a) A | ||
licensed peace officer may make an arrest when necessary to prevent | ||
or abate the commission of an offense: | ||
(1) in violation of a district rule or a law of this | ||
state that occurs or threatens to occur on any land, water, or | ||
easement owned or controlled by the district; or | ||
(2) involving damage to any property owned or | ||
controlled by the district. | ||
(b) A peace officer may make an arrest under Subsection | ||
(a)(2) at any location. (Acts 63rd Leg., R.S., Ch. 438, Sec. | ||
13(c).) | ||
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8509.0251. TAX METHOD. (a) The district shall use the | ||
ad valorem plan of taxation. | ||
(b) The board is not required to hold a hearing on the | ||
adoption of a plan of taxation. (Acts 63rd Leg., R.S., Ch. 438, | ||
Sec. 16 (part).) | ||
Sec. 8509.0252. AUTHORITY TO IMPOSE TAX; LIMITATION ON TAX | ||
RATE; TAX ELECTION. (a) If a tax is authorized at an election under | ||
Section 49.107, Water Code, the district annually may impose an ad | ||
valorem tax on the taxable property in the district to provide | ||
money: | ||
(1) necessary to construct or acquire, maintain, and | ||
operate dams, works, plants, and facilities considered essential or | ||
beneficial to the district and the district's purposes; or | ||
(2) adequate to defray the cost of the district's | ||
maintenance, operation, and administration. | ||
(b) The district may not impose an ad valorem tax for the | ||
district's maintenance, operation, and administration that exceeds | ||
50 cents on the $100 assessed valuation of the taxable property in | ||
the district. | ||
(c) An election for the imposition of taxes authorized by | ||
this section must be: | ||
(1) ordered by the board; and | ||
(2) held and conducted in the manner provided by this | ||
chapter relating to elections for the authorization of bonds. | ||
(Acts 63rd Leg., R.S., Ch. 438, Sec. 27 (part).) | ||
Sec. 8509.0253. DEPOSITORY. (a) The board shall designate | ||
one or more banks in the district to serve as depository for the | ||
district's money. | ||
(b) District money shall be deposited with a designated | ||
depository bank or banks, except that: | ||
(1) money pledged to pay bonds may be deposited with | ||
the trustee bank named in the trust agreement; and | ||
(2) money shall be remitted to the bank of payment for | ||
the payment of principal of and interest on bonds. | ||
(c) To the extent that money in a depository bank or a | ||
trustee bank is not insured by the Federal Deposit Insurance | ||
Corporation, the money must be secured in the manner provided by law | ||
for the security of county funds. | ||
(d) The board shall prescribe the terms of service for | ||
depositories. | ||
(e) Before designating a depository bank, the board shall | ||
issue a notice that: | ||
(1) states the time and place at which the board will | ||
meet to designate a depository bank or banks; and | ||
(2) invites the banks in the district to submit an | ||
application to be designated as a depository. | ||
(f) The notice must be published one time in a newspaper or | ||
newspapers published in the district and specified by the board. | ||
(g) At the time stated in the notice, the board shall: | ||
(1) consider the application and the management and | ||
condition of each bank that applies; and | ||
(2) designate as a depository the bank or banks that: | ||
(A) offer the most favorable terms for handling | ||
the money; and | ||
(B) the board finds have proper management and | ||
are in condition to handle the money. | ||
(h) Membership on the board of an officer or director of a | ||
bank does not disqualify the bank from being designated as a | ||
depository. | ||
(i) If the board does not receive any applications before | ||
the time stated in the notice, the board shall designate one or more | ||
banks located inside or outside the district on terms that the board | ||
finds advantageous to the district. (Acts 63rd Leg., R.S., Ch. 438, | ||
Sec. 29.) | ||
Sec. 8509.0254. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. | ||
The district is not required to pay a tax or assessment on a | ||
district project or any part of the project. (Acts 63rd Leg., R.S., | ||
Ch. 438, Sec. 26 (part).) | ||
SUBCHAPTER G. BONDS | ||
Sec. 8509.0301. AUTHORITY TO ISSUE BONDS. (a) The district | ||
may issue bonds to carry out any power conferred by this chapter, | ||
including to provide a source of water supply for municipalities | ||
and other users for agricultural, municipal, domestic, industrial, | ||
oil field flooding, and mining purposes. | ||
(b) The bonds must be authorized by a board resolution. | ||
(Acts 63rd Leg., R.S., Ch. 438, Secs. 20(a) (part), (b) (part), (c), | ||
(e) (part).) | ||
Sec. 8509.0302. FORM OF BONDS. District bonds must be: | ||
(1) issued in the district's name; | ||
(2) signed by the president or vice president; and | ||
(3) attested by the secretary. (Acts 63rd Leg., R.S., | ||
Ch. 438, Sec. 20(b) (part).) | ||
Sec. 8509.0303. MATURITY. District bonds must mature not | ||
later than 40 years after the date of their issuance. (Acts 63rd | ||
Leg., R.S., Ch. 438, Sec. 20(b) (part).) | ||
Sec. 8509.0304. ELECTION FOR BONDS PAYABLE FROM AD VALOREM | ||
TAXES. (a) Bonds, other than refunding bonds, payable wholly or | ||
partly from ad valorem taxes may not be issued unless authorized by | ||
a majority vote of the voters voting at an election held for that | ||
purpose. | ||
(b) The board may call an election under this section | ||
without a petition. The resolution calling the election must | ||
specify: | ||
(1) the time and places at which the election will be | ||
held; | ||
(2) the purpose for which the bonds will be issued; | ||
(3) the maximum amount of the bonds; | ||
(4) the maximum maturity of the bonds; | ||
(5) the form of the ballot; and | ||
(6) the presiding judge for each polling place. | ||
(c) Notice of the election must be given by publishing a | ||
substantial copy of the resolution calling the election in one | ||
newspaper published in each municipality contained in the district | ||
for two consecutive weeks. The first publication must be not later | ||
than the 21st day before the date of the election. In any | ||
municipality in which a newspaper is not published, notice must be | ||
given by posting a copy of the resolution in three public places. | ||
(d) The district may issue bonds not payable wholly or | ||
partly from ad valorem taxes without an election. (Acts 63rd Leg., | ||
R.S., Ch. 438, Secs. 23(a), (b).) | ||
Sec. 8509.0305. BONDS PAYABLE FROM REVENUE. (a) In this | ||
section, "net revenue" means the district's gross revenue and | ||
income from all sources less the amount necessary to pay the cost of | ||
maintaining and operating the district and the district's property. | ||
(b) Bonds issued under this subchapter may be secured under | ||
board resolution by a pledge of: | ||
(1) all or part of the district's net revenue; | ||
(2) the net revenue of one or more contracts made | ||
before or after the issuance of the bonds; or | ||
(3) other revenue or income specified by board | ||
resolution or in the trust indenture. | ||
(c) The pledge may reserve the right to issue additional | ||
bonds on a parity with, or subordinate to, the bonds being issued, | ||
subject to conditions specified by the pledge. (Acts 63rd Leg., | ||
R.S., Ch. 438, Secs. 20(a) (part), (d).) | ||
Sec. 8509.0306. BONDS PAYABLE FROM AD VALOREM TAXES. The | ||
board may issue bonds payable, as pledged by board resolution, | ||
from: | ||
(1) ad valorem taxes imposed on taxable property in | ||
the district; or | ||
(2) ad valorem taxes and revenue of the district. | ||
(Acts 63rd Leg., R.S., Ch. 438, Secs. 20(a) (part), (e) (part).) | ||
Sec. 8509.0307. TAX AND RATE REQUIREMENTS. (a) If the | ||
district issues bonds payable wholly or partly from ad valorem | ||
taxes, the board shall impose an ad valorem tax on the taxable | ||
property in the district sufficient to pay the principal of and the | ||
interest on the bonds as the bonds and interest become due without | ||
limit as to the rate or the amount. The board may adopt the rate of | ||
the tax for any year after considering the money received from the | ||
pledged revenue available for payment of principal and interest to | ||
the extent and in the manner permitted by the resolution | ||
authorizing the issuance of the bonds. | ||
(b) If the district issues bonds payable wholly or partly | ||
from revenue, the board shall set and revise the rates of | ||
compensation for water sold and services rendered by the district. | ||
(c) For bonds payable wholly from revenue, the rates of | ||
compensation must be sufficient to: | ||
(1) pay the expense of operating and maintaining the | ||
district's facilities; | ||
(2) pay the bonds as they mature and the interest as it | ||
accrues; and | ||
(3) maintain the reserve and other funds as provided | ||
by the resolution authorizing the issuance of the bonds. | ||
(d) For bonds payable partly from revenue, the rates of | ||
compensation must be sufficient to assure compliance with the | ||
resolution authorizing the issuance of the bonds. (Acts 63rd Leg., | ||
R.S., Ch. 438, Secs. 20(e) (part), (f), 28(h).) | ||
Sec. 8509.0308. ADDITIONAL SECURITY. (a) District bonds, | ||
including refunding bonds, that are not payable wholly from ad | ||
valorem taxes may be additionally secured, at the board's | ||
discretion, by a deed of trust or mortgage lien on the district's | ||
physical property and all franchises, easements, water rights and | ||
appropriation permits, leases, and contracts and all rights | ||
appurtenant to the property, vesting in the trustee power to: | ||
(1) sell the property for the payment of the debt; | ||
(2) operate the property; and | ||
(3) take other action to further secure the bonds. | ||
(b) A purchaser under a sale under the deed of trust lien, if | ||
one is given: | ||
(1) is the absolute owner of the property, facilities, | ||
and rights purchased; and | ||
(2) is entitled to maintain and operate the property, | ||
facilities, and rights. (Acts 63rd Leg., R.S., Ch. 438, Sec. 22 | ||
(part).) | ||
Sec. 8509.0309. TRUST INDENTURE. (a) District bonds, | ||
including refunding bonds, that are not payable wholly from ad | ||
valorem taxes may be additionally secured by a trust indenture. The | ||
trustee may be a bank with trust powers located inside or outside | ||
the state. | ||
(b) A trust indenture, regardless of the existence of a deed | ||
of trust or mortgage lien on property, may: | ||
(1) provide for the security of the bonds and the | ||
preservation of the trust estate as prescribed by the board; | ||
(2) provide for amendment or modification of the trust | ||
indenture; | ||
(3) provide for the issuance of bonds to replace lost | ||
or mutilated bonds; | ||
(4) condition the right to spend district money or | ||
sell district property on the approval of a licensed engineer | ||
selected as provided by the trust indenture; and | ||
(5) provide for the investment of district money. | ||
(Acts 63rd Leg., R.S., Ch. 438, Sec. 22 (part).) | ||
Sec. 8509.0310. INTERIM BONDS OR NOTES. Before issuing | ||
definitive bonds, the board may issue interim bonds or notes | ||
exchangeable for definitive bonds. (Acts 63rd Leg., R.S., Ch. 438, | ||
Sec. 20(a) (part).) | ||
Sec. 8509.0311. USE OF BOND PROCEEDS. (a) The district may | ||
set aside an amount of proceeds from the sale of bonds issued under | ||
this subchapter for the payment of interest expected to accrue | ||
during construction and a reserve interest and sinking fund. The | ||
resolution authorizing the bonds may provide for setting aside and | ||
using the proceeds as provided by this subsection. | ||
(b) The district may use proceeds from the sale of the bonds | ||
to pay any expense necessarily incurred in accomplishing the | ||
district's purpose, including any expense of issuing and selling | ||
the bonds. | ||
(c) The proceeds from the sale of the bonds may be | ||
temporarily invested in direct obligations of the United States | ||
maturing not later than the first anniversary of the date of | ||
investment. (Acts 63rd Leg., R.S., Ch. 438, Sec. 20(g).) | ||
Sec. 8509.0312. APPOINTMENT OF RECEIVER. (a) On default or | ||
threatened default in the payment of principal of or interest on | ||
bonds issued under this subchapter that are payable wholly or | ||
partly from revenue, a court may, on petition of the holders of | ||
outstanding bonds, appoint a receiver for the district. | ||
(b) The receiver may collect and receive all district income | ||
except taxes, employ and discharge district agents and employees, | ||
take charge of money on hand, except money received from taxes, | ||
unless commingled, and manage the district's proprietary affairs | ||
without the consent of or hindrance by the board. | ||
(c) The receiver may be authorized to sell or contract for | ||
the sale of water or to renew those contracts with the approval of | ||
the court that appointed the receiver. | ||
(d) The court may vest the receiver with any other power or | ||
duty the court finds necessary to protect the bondholders. (Acts | ||
63rd Leg., R.S., Ch. 438, Sec. 20(h) (part).) | ||
Sec. 8509.0313. REFUNDING BONDS. (a) The district may | ||
issue refunding bonds to refund outstanding bonds issued under | ||
this subchapter and interest on those bonds. | ||
(b) Refunding bonds may: | ||
(1) be issued to refund bonds of more than one series; | ||
(2) combine the pledges for the outstanding bonds for | ||
the security of the refunding bonds; or | ||
(3) be secured by a pledge of other or additional | ||
revenue or mortgage liens. | ||
(c) The provisions of this subchapter regarding the | ||
issuance of other bonds, their security, and the remedies of the | ||
holders apply to refunding bonds. | ||
(d) The comptroller shall register the refunding bonds on | ||
surrender and cancellation of the bonds to be refunded. | ||
(e) Instead of issuing bonds to be registered on the | ||
surrender and cancellation of the bonds to be refunded, the | ||
district, in the resolution authorizing the issuance of the | ||
refunding bonds, may provide for the sale of the refunding bonds and | ||
the deposit of the proceeds in a bank at which the bonds to be | ||
refunded are payable. In that case, the refunding bonds may be | ||
issued in an amount sufficient to pay the principal of and interest | ||
on the bonds to be refunded to their option date or maturity date, | ||
and the comptroller shall register the refunding bonds without the | ||
surrender and cancellation of the bonds to be refunded. (Acts 63rd | ||
Leg., R.S., Ch. 438, Sec. 21.) | ||
Sec. 8509.0314. LIMITATION ON RIGHTS OF BONDHOLDERS. The | ||
resolution authorizing the bonds or the trust indenture securing | ||
the bonds may limit or qualify the rights of the holders of less | ||
than all of the outstanding bonds payable from the same source to | ||
institute or prosecute litigation affecting the district's | ||
property or income. (Acts 63rd Leg., R.S., Ch. 438, Sec. 20(h) | ||
(part).) | ||
Sec. 8509.0315. BONDS EXEMPT FROM TAXATION. A district | ||
bond, the transfer of the bond, and the income from the bond, | ||
including profits made on the sale of the bond, are exempt from | ||
taxation in this state. (Acts 63rd Leg., R.S., Ch. 438, Sec. 26 | ||
(part).) | ||
SECTION 1.04. DISTRICTS GOVERNING GROUNDWATER. Subtitle H, | ||
Title 6, Special District Local Laws Code, is amended by adding Chapters 8893 and 8894 to read as follows: | ||
CHAPTER 8893. LIVE OAK UNDERGROUND WATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8893.0001. DEFINITIONS | ||
Sec. 8893.0002. NATURE OF DISTRICT | ||
Sec. 8893.0003. DISTRICT TERRITORY | ||
Sec. 8893.0004. CONFLICTS OF LAW | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8893.0051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8893.0052. ELECTION OF DIRECTORS | ||
Sec. 8893.0053. ELECTION OF DIRECTORS AFTER ANNEXATION | ||
Sec. 8893.0054. ELECTION DATE | ||
Sec. 8893.0055. QUALIFICATIONS FOR OFFICE | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8893.0101. GENERAL POWERS AND DUTIES | ||
Sec. 8893.0102. ADMINISTRATIVE PROCEDURES | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8893.0151. TAX AND BOND PROVISIONS | ||
CHAPTER 8893. LIVE OAK UNDERGROUND WATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8893.0001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Live Oak Underground Water | ||
Conservation District. (Acts 71st Leg., R.S., Ch. 715, Sec. 2; | ||
New.) | ||
Sec. 8893.0002. NATURE OF DISTRICT. The district is | ||
created to provide for the conservation, preservation, protection, | ||
recharge, and prevention of waste of the groundwater reservoirs | ||
located under district land, consistent with the objectives of | ||
Section 59, Article XVI, Texas Constitution, and Chapter 36, Water | ||
Code. (Acts 71st Leg., R.S., Ch. 715, Sec. 4.) | ||
Sec. 8893.0003. DISTRICT TERRITORY. The district includes | ||
the territory in Live Oak County unless the district's territory | ||
has been modified under: | ||
(1) Subchapter J or K, Chapter 36, Water Code; or | ||
(2) other law. (Acts 71st Leg., R.S., Ch. 715, Sec. 3; | ||
New.) | ||
Sec. 8893.0004. CONFLICTS OF LAW. (a) This section applies | ||
only to a provision of Chapter 36, Water Code, enacted on or before | ||
June 12, 2017. | ||
(b) If there is a conflict between this chapter and Chapter | ||
36, Water Code, this chapter controls. (Acts 71st Leg., R.S., Ch. | ||
715, Sec. 13; New.) | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8893.0051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of five directors. | ||
(b) Directors serve staggered four-year terms. (Acts 71st | ||
Leg., R.S., Ch. 715, Secs. 12(a), (d).) | ||
Sec. 8893.0052. ELECTION OF DIRECTORS. One director is | ||
elected from each county commissioners precinct in Live Oak County. | ||
One director is elected from the district at large. (Acts 71st Leg., | ||
R.S., Ch. 715, Sec. 12(c) (part).) | ||
Sec. 8893.0053. ELECTION OF DIRECTORS AFTER ANNEXATION. | ||
The board shall determine to which precinct annexed land will be | ||
added for purposes of election of directors. (Acts 71st Leg., R.S., | ||
Ch. 715, Sec. 11.) | ||
Sec. 8893.0054. ELECTION DATE. The district shall hold an | ||
election to elect the appropriate number of directors in each | ||
even-numbered year. (Acts 71st Leg., R.S., Ch. 715, Sec. 12(e).) | ||
Sec. 8893.0055. QUALIFICATIONS FOR OFFICE. (a) To be | ||
qualified for election as a director, a person must be: | ||
(1) a resident of the district; and | ||
(2) at least 18 years of age. | ||
(b) To represent a commissioner precinct, a person must be a | ||
resident of the precinct. (Acts 71st Leg., R.S., Ch. 715, Secs. | ||
12(b), (c) (part).) | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8893.0101. GENERAL POWERS AND DUTIES. The district | ||
has: | ||
(1) the powers essential to accomplish the purposes of | ||
Section 59, Article XVI, Texas Constitution; and | ||
(2) the rights, powers, duties, privileges, and | ||
functions provided by Chapter 36, Water Code, and other laws of this | ||
state relating to groundwater conservation districts. (Acts 71st | ||
Leg., R.S., Ch. 715, Secs. 1, 5.) | ||
Sec. 8893.0102. ADMINISTRATIVE PROCEDURES. Except as | ||
otherwise provided by this chapter, the administrative and | ||
procedural provisions of Chapter 36, Water Code, apply to the | ||
district. (Acts 71st Leg., R.S., Ch. 715, Sec. 6.) | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8893.0151. TAX AND BOND PROVISIONS. (a) Except as | ||
provided by Subsection (b), the tax and bond provisions of | ||
Subchapters F and G, Chapter 36, Water Code, apply to the district. | ||
(b) Notwithstanding Section 36.201(b), Water Code, the | ||
district may annually levy taxes to pay the maintenance and | ||
operating expenses of the district at a rate not to exceed five | ||
cents on each $100 of assessed valuation. (Acts 71st Leg., R.S., Ch. 715, Sec. 9.) | ||
CHAPTER 8894. HEMPHILL COUNTY UNDERGROUND WATER CONSERVATION | ||
DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8894.0001. DEFINITIONS | ||
Sec. 8894.0002. NATURE OF DISTRICT | ||
Sec. 8894.0003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8894.0004. DISTRICT TERRITORY | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8894.0051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8894.0052. ELECTION DATE | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8894.0101. GENERAL POWERS AND DUTIES | ||
Sec. 8894.0102. NO EMINENT DOMAIN POWER | ||
CHAPTER 8894. HEMPHILL COUNTY UNDERGROUND WATER CONSERVATION | ||
DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8894.0001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Hemphill County Underground | ||
Water Conservation District. (Acts 74th Leg., R.S., Ch. 157, Secs. | ||
1(a) (part), 2; New.) | ||
Sec. 8894.0002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Hemphill County created under | ||
and essential to accomplish the purposes of Section 59, Article | ||
XVI, Texas Constitution. (Acts 74th Leg., R.S., Ch. 157, Secs. 1(a) | ||
(part), (b).) | ||
Sec. 8894.0003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 74th Leg., R.S., Ch. 157, Sec. 4.) | ||
Sec. 8894.0004. DISTRICT TERRITORY. The district's | ||
boundaries are coextensive with the boundaries of Hemphill County, | ||
unless the district's territory has been modified under: | ||
(1) Subchapter J or K, Chapter 36, Water Code; or | ||
(2) other law. (Acts 74th Leg., R.S., Ch. 157, Sec. 3; | ||
New.) | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8894.0051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of five directors. | ||
(b) Directors serve staggered four-year terms. (Acts 74th | ||
Leg., R.S., Ch. 157, Secs. 6(a), (d).) | ||
Sec. 8894.0052. ELECTION DATE. The district shall hold an | ||
election to elect the appropriate number of directors on the | ||
uniform election date in May of each even-numbered year. (Acts 74th | ||
Leg., R.S., Ch. 157, Sec. 9; New.) | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8894.0101. GENERAL POWERS AND DUTIES. Except as | ||
otherwise provided by Section 8894.0102, the district has the | ||
rights, powers, privileges, functions, and duties provided by the | ||
general law of this state, including Chapter 36, Water Code, | ||
applicable to groundwater conservation districts created under | ||
Section 59, Article XVI, Texas Constitution. (Acts 74th Leg., R.S., | ||
Ch. 157, Sec. 5(a) (part).) | ||
Sec. 8894.0102. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. (Acts 74th Leg., R.S., | ||
Ch. 157, Sec. 5(a) (part).) | ||
SECTION 1.05. WATER CONTROL AND IMPROVEMENT DISTRICTS. | ||
Subtitle I, Title 6, Special District Local Laws Code, is amended by | ||
adding Chapters 9075, 9077, 9078, 9079, 9080, and 9083 to read as follows: | ||
CHAPTER 9075. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9075.0001. DEFINITION | ||
Sec. 9075.0002. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 9075.0003. NATURE OF DISTRICT | ||
Sec. 9075.0004. DISTRICT TERRITORY | ||
Sec. 9075.0005. COST OF RELOCATING OR ALTERING | ||
PROPERTY | ||
SUBCHAPTER B. DEFINED AREA | ||
Sec. 9075.0051. CREATION OF DEFINED AREA; DESIGNATION | ||
Sec. 9075.0052. INITIAL TERRITORY | ||
Sec. 9075.0053. EXCLUSION OF LAND | ||
Sec. 9075.0054. PROCEDURE FOR ELECTION | ||
Sec. 9075.0055. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||
FACILITIES | ||
Sec. 9075.0056. ISSUANCE OF BONDS | ||
Sec. 9075.0057. POWERS AND DUTIES | ||
Sec. 9075.0058. AUTHORITY FOR ROAD PROJECTS | ||
Sec. 9075.0059. ROAD STANDARDS AND REQUIREMENTS | ||
Sec. 9075.0060. IMPROVEMENT PROJECTS AND SERVICES | ||
Sec. 9075.0061. ELECTIONS REGARDING TAXES AND BONDS | ||
Sec. 9075.0062. OPERATION AND MAINTENANCE TAX | ||
Sec. 9075.0063. AUTHORITY TO BORROW MONEY AND TO ISSUE | ||
BONDS AND OTHER OBLIGATIONS | ||
Sec. 9075.0064. TAXES FOR BONDS | ||
CHAPTER 9075. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9075.0001. DEFINITION. In this chapter, "district" | ||
means the Fort Bend County Water Control and Improvement District | ||
No. 2 in Fort Bend County and Harris County. (Acts 57th Leg., R.S., | ||
Ch. 312, Sec. 1 (part); Acts 61st Leg., R.S., Ch. 381, Sec. 1 | ||
(part).) | ||
Sec. 9075.0002. FINDINGS OF PUBLIC USE AND BENEFIT. (a) | ||
The district will serve a public use and benefit. | ||
(b) All land and other property in the district will benefit | ||
from the district. (Acts 57th Leg., R.S., Ch. 312, Sec. 2; Acts | ||
61st Leg., R.S., Ch. 381, Sec. 3.) | ||
Sec. 9075.0003. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district under Section 59, Article | ||
XVI, Texas Constitution. (Acts 61st Leg., R.S., Ch. 381, Sec. 1 | ||
(part).) | ||
Sec. 9075.0004. DISTRICT TERRITORY. The district is | ||
composed of the territory described by Section 1, Chapter 312, Acts | ||
of the 57th Legislature, Regular Session, 1961, as that territory | ||
may have been modified under: | ||
(1) Subchapter J, Chapter 49, Water Code; | ||
(2) Subchapter O, Chapter 51, Water Code; or | ||
(3) other law. (Acts 57th Leg., R.S., Ch. 312, Sec. 1 | ||
(part); New.) | ||
Sec. 9075.0005. COST OF RELOCATING OR ALTERING PROPERTY. | ||
(a) In this section, "sole expense" means the actual cost of | ||
relocating, raising, lowering, rerouting, changing the grade of, or | ||
altering the construction of a facility described by Subsection (b) | ||
in providing comparable replacement without enhancement of the | ||
facility, after deducting from that cost the net salvage value | ||
derived from the old facility. | ||
(b) If the district's exercise of the power of eminent | ||
domain, the power of relocation, or any other power granted by this | ||
chapter makes necessary relocating, raising, rerouting, changing | ||
the grade of, or altering the construction of a highway, railroad, | ||
electric transmission line, telephone or telegraph property or | ||
facility, or pipeline, the necessary action shall be accomplished | ||
at the sole expense of the district. (Acts 57th Leg., R.S., Ch. 312, | ||
Sec. 6.) | ||
SUBCHAPTER B. DEFINED AREA | ||
Sec. 9075.0051. CREATION OF DEFINED AREA; DESIGNATION. (a) | ||
A defined area is created in the district. | ||
(b) The defined area is designated to pay for improvements, | ||
facilities, or services that primarily benefit the defined area and | ||
do not generally benefit the district as a whole. (Acts 57th Leg., | ||
R.S., Ch. 312, Sec. 9.) | ||
Sec. 9075.0052. INITIAL TERRITORY. (a) The defined area is | ||
initially composed of the territory described by Section 2, Chapter | ||
669, Acts of the 84th Legislature, Regular Session, 2015. | ||
(b) The boundaries and field notes contained in Section 2, | ||
Chapter 669, Acts of the 84th Legislature, Regular Session, 2015, | ||
form a closure. A mistake made in the field notes or in copying the | ||
field notes in the legislative process does not affect: | ||
(1) the defined area's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond or | ||
obligation for the purposes for which the defined area is | ||
designated, including to pay the principal of and interest on a | ||
bond; | ||
(3) the district's right to impose or collect a tax in | ||
the defined area; or | ||
(4) the legality or operation of the defined area or | ||
the district. (Acts 57th Leg., R.S., Ch. 312, Sec. 10.) | ||
Sec. 9075.0053. EXCLUSION OF LAND. Subject to the City of | ||
Stafford providing written consent by ordinance or resolution, the | ||
district may exclude land from the defined area in the same manner | ||
as the district may exclude land from the district. (Acts 57th Leg., | ||
R.S., Ch. 312, Sec. 11.) | ||
Sec. 9075.0054. PROCEDURE FOR ELECTION. (a) Before the | ||
district may impose an ad valorem tax or issue bonds payable from ad | ||
valorem taxes of the defined area, the governing body of the | ||
district must call and hold an election in the defined area only. | ||
(b) The governing body of the district may submit the | ||
proposition to the voters on the same ballot to be used in another | ||
election. (Acts 57th Leg., R.S., Ch. 312, Sec. 12.) | ||
Sec. 9075.0055. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||
FACILITIES. On approval of the voters in the defined area, the | ||
district may apply separately, differently, equitably, and | ||
specifically its taxing power and lien authority to the defined | ||
area to provide money to construct, administer, maintain, and | ||
operate services, improvements, and facilities that primarily | ||
benefit the defined area. (Acts 57th Leg., R.S., Ch. 312, Sec. 13.) | ||
Sec. 9075.0056. ISSUANCE OF BONDS. On approval of the | ||
voters in the defined area, the district may issue bonds to provide | ||
for any land, improvements, facilities, plants, equipment, and | ||
appliances for the defined area. (Acts 57th Leg., R.S., Ch. 312, | ||
Sec. 14.) | ||
Sec. 9075.0057. POWERS AND DUTIES. (a) For the benefit of | ||
the defined area, the district has the powers and duties provided by | ||
the general law of this state necessary to accomplish the purposes | ||
of: | ||
(1) Section 59, Article XVI, Texas Constitution; | ||
(2) Section 52, Article III, Texas Constitution, | ||
applicable to the construction, acquisition, improvement, | ||
operation, or maintenance of macadamized, graveled, or paved roads, | ||
or improvements, including storm drainage, in aid of those roads; | ||
and | ||
(3) except as provided by this chapter, Chapters 49 | ||
and 51, Water Code, applicable to water control and improvement | ||
districts created under Section 59, Article XVI, Texas | ||
Constitution. | ||
(b) Except as provided by Subsection (c), the governing body | ||
of the district shall administer the defined area as provided by | ||
Chapter 51, Water Code. | ||
(c) Sections 51.518, 51.519, 51.520, 51.521, 51.522, | ||
51.523, 51.524, 51.526, 51.527, 51.528, and 51.529, Water Code, do | ||
not apply to the district. (Acts 57th Leg., R.S., Ch. 312, Sec. | ||
15.) | ||
Sec. 9075.0058. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, for the benefit of the defined | ||
area, the district may design, acquire, construct, finance, issue | ||
bonds for, improve, operate, maintain, and convey to this state, a | ||
county, or a municipality for operation and maintenance | ||
macadamized, graveled, or paved roads, or improvements, including | ||
storm drainage, in aid of those roads, including roads located | ||
outside the boundaries of the defined area that benefit the defined | ||
area. (Acts 57th Leg., R.S., Ch. 312, Sec. 16.) | ||
Sec. 9075.0059. ROAD STANDARDS AND REQUIREMENTS. A road | ||
project must meet all applicable construction standards, zoning and | ||
subdivision requirements, and regulations of each municipality in | ||
whose corporate limits or extraterritorial jurisdiction the road | ||
project is located. (Acts 57th Leg., R.S., Ch. 312, Sec. 17.) | ||
Sec. 9075.0060. IMPROVEMENT PROJECTS AND SERVICES. For the | ||
benefit of the defined area, the district may provide, design, | ||
construct, acquire, improve, relocate, operate, maintain, or | ||
finance an improvement project or service using any money available | ||
to the district, or contract with a governmental or private entity | ||
to provide, design, construct, acquire, improve, relocate, | ||
operate, maintain, or finance an improvement project or service | ||
authorized under this chapter. (Acts 57th Leg., R.S., Ch. 312, Sec. | ||
18.) | ||
Sec. 9075.0061. ELECTIONS REGARDING TAXES AND BONDS. (a) | ||
For the benefit of the defined area, the district may issue, without | ||
an election, bonds, notes, and other obligations secured by revenue | ||
other than ad valorem taxes. | ||
(b) The district must hold an election in the defined area | ||
to obtain approval of the voters of the defined area before the | ||
district may impose an ad valorem tax or issue bonds payable from ad | ||
valorem taxes in the defined area. | ||
(c) An election under this section does not require that an | ||
election be held in the part of the district located outside the | ||
defined area. | ||
(d) All or any part of any facilities or improvements that | ||
may be acquired by a district through the issuance of bonds may be | ||
submitted as a single proposition or as several propositions to be | ||
voted on at the election. (Acts 57th Leg., R.S., Ch. 312, Sec. 19.) | ||
Sec. 9075.0062. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the voters in the defined area voting at | ||
an election held in accordance with Section 9075.0061, the district | ||
may impose an operation and maintenance tax on taxable property in | ||
the defined area in accordance with Section 49.107, Water Code, for | ||
any district purpose, including to: | ||
(1) maintain and operate the defined area; | ||
(2) construct or acquire improvements; or | ||
(3) provide a service. | ||
(b) The governing body of the district shall determine the | ||
tax rate. The rate may not exceed the rate approved at the election | ||
described by Subsection (a). | ||
(c) Section 49.107(h), Water Code, does not apply to the | ||
district. (Acts 57th Leg., R.S., Ch. 312, Sec. 20.) | ||
Sec. 9075.0063. AUTHORITY TO BORROW MONEY AND TO ISSUE | ||
BONDS AND OTHER OBLIGATIONS. (a) For the benefit of the defined | ||
area, the district may borrow money on terms determined by the | ||
governing body of the district. | ||
(b) The district may issue bonds, notes, or other | ||
obligations payable wholly or partly from ad valorem taxes, impact | ||
fees, revenue, grants, or other district money, or any combination | ||
of those sources of money from the defined area, to pay for any | ||
authorized district purpose. | ||
(c) The limitation on the outstanding principal amount of | ||
bonds, notes, and other obligations provided by Section 49.4645, | ||
Water Code, does not apply to the district. | ||
(d) The district must obtain approval from the Texas | ||
Commission on Environmental Quality as provided by Chapter 49, | ||
Water Code, before the district issues bonds to provide water, | ||
sewer, or drainage facilities for the benefit of the defined area. | ||
(Acts 57th Leg., R.S., Ch. 312, Sec. 21.) | ||
Sec. 9075.0064. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes from the | ||
defined area, the governing body of the district shall provide for | ||
the annual imposition of a continuing direct annual ad valorem tax, | ||
without limit as to rate or amount, for each year that all or part of | ||
the bonds are outstanding as required and in the manner provided by | ||
Sections 51.433 and 51.436, Water Code. (Acts 57th Leg., R.S., Ch. 312, Sec. 22.) | ||
CHAPTER 9077. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT | ||
NO. 5 | ||
Sec. 9077.0001. DEFINITION | ||
Sec. 9077.0002. EMINENT DOMAIN | ||
CHAPTER 9077. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT | ||
NO. 5 | ||
Sec. 9077.0001. DEFINITION. In this chapter, "district" | ||
means the Bell County Water Control and Improvement District No. 5 | ||
in Bell County. (Acts 56th Leg., R.S., Ch. 227, Sec. 1 (part); New.) | ||
Sec. 9077.0002. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain to acquire real estate located | ||
in Bell County. | ||
(b) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code. | ||
(c) The district's authority under this section to exercise | ||
the power of eminent domain expired on September 1, 2013, unless the | ||
district submitted a letter to the comptroller in accordance with | ||
Section 2206.101(b), Government Code, not later than December 31, 2012. (Acts 56th Leg., R.S., Ch. 227, Sec. 1 (part); New.) | ||
CHAPTER 9078. FANNIN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT | ||
NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9078.0001. DEFINITIONS | ||
Sec. 9078.0002. NATURE OF DISTRICT | ||
Sec. 9078.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT | ||
Sec. 9078.0004. DISTRICT TERRITORY | ||
Sec. 9078.0005. LIBERAL CONSTRUCTION OF CHAPTER | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 9078.0051. GENERAL POWERS AND DUTIES | ||
Sec. 9078.0052. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS | ||
Sec. 9078.0053. CONTROL OF WATER AND FLOODWATER; | ||
RECLAMATION | ||
Sec. 9078.0054. COST OF RELOCATING OR ALTERING | ||
PROPERTY | ||
SUBCHAPTER C. TAXES | ||
Sec. 9078.0101. IMPOSITION OF MAINTENANCE TAX; | ||
ELECTION PROCEDURE | ||
Sec. 9078.0102. MAINTENANCE TAX RATE | ||
Sec. 9078.0103. TAX METHOD | ||
SUBCHAPTER D. BONDS | ||
Sec. 9078.0151. DEFINITION OF NET REVENUES | ||
Sec. 9078.0152. AUTHORITY TO ISSUE BONDS | ||
Sec. 9078.0153. SECURITY FOR REVENUE BONDS | ||
Sec. 9078.0154. BOND ELECTION REQUIRED | ||
Sec. 9078.0155. REFUNDING BONDS | ||
CHAPTER 9078. FANNIN COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT | ||
NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9078.0001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "District" means the Fannin County Water Control | ||
and Improvement District No. 1. (Acts 57th Leg., R.S., Ch. 65, Sec. | ||
1 (part); New.) | ||
Sec. 9078.0002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Fannin County established | ||
under Section 59, Article XVI, Texas Constitution. (Acts 57th Leg., | ||
R.S., Ch. 65, Sec. 1 (part); Acts 58th Leg., R.S., Ch. 275, Secs. 1 | ||
(part), 7 (part).) | ||
Sec. 9078.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is essential to the accomplishment of the | ||
preservation and conservation of the natural resources of the | ||
state. | ||
(b) All land and property in the district will benefit from | ||
the improvements to be constructed, acquired, and operated by the | ||
district and from the preservation and conservation of the natural | ||
resources of the state. | ||
(c) This chapter addresses a subject in which the state is | ||
interested. (Acts 58th Leg., R.S., Ch. 275, Secs. 3 (part), 7 | ||
(part).) | ||
Sec. 9078.0004. DISTRICT TERRITORY. The district is | ||
composed of the territory described by metes and bounds in the | ||
resolution and order of the commissioners court of Fannin County | ||
creating the district, recorded in Volume 1, page 3, of the Water | ||
Control Improvement District minutes of Fannin County, as that | ||
territory may have been modified under: | ||
(1) Subchapter J, Chapter 49, Water Code; | ||
(2) Subchapter O, Chapter 51, Water Code; or | ||
(3) other law. (Acts 57th Leg., R.S., Ch. 65, Sec. 1 | ||
(part); New.) | ||
Sec. 9078.0005. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed to effect its purposes. (Acts | ||
58th Leg., R.S., Ch. 275, Sec. 7 (part).) | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 9078.0051. GENERAL POWERS AND DUTIES. The district | ||
may exercise the powers essential to the accomplishment of the | ||
purposes of Section 59, Article XVI, Texas Constitution, and may | ||
exercise the rights, powers, privileges, prerogatives, and | ||
functions enumerated in or implied by that section, including those | ||
listed in this subchapter. (Acts 57th Leg., R.S., Ch. 65, Sec. 2 | ||
(part); Acts 58th Leg., R.S., Ch. 275, Sec. 1 (part); New.) | ||
Sec. 9078.0052. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS. The district has the rights, powers, privileges, and | ||
functions provided by general law applicable to a water control and | ||
improvement district including Chapters 49 and 51, Water Code, | ||
including the power to: | ||
(1) construct, acquire, improve, maintain, and repair | ||
a dam or other structure; and | ||
(2) acquire land, easements, properties, or equipment | ||
needed to use, control, and distribute water that may be impounded, | ||
diverted, or controlled by the district. (Acts 57th Leg., R.S., Ch. | ||
65, Sec. 2 (part); Acts 58th Leg., R.S., Ch. 275, Sec. 1 (part); | ||
New.) | ||
Sec. 9078.0053. CONTROL OF WATER AND FLOODWATER; | ||
RECLAMATION. The district may: | ||
(1) control, store, preserve, and distribute the water | ||
and floodwater in the district for the irrigation of arid land, | ||
conservation, preservation, reclamation, and drainage of land in | ||
the district; | ||
(2) carry out flood prevention measures to prevent | ||
damage to land and property in the district; and | ||
(3) reclaim lands damaged before April 10, 1961, | ||
because of the prior failure to provide the facilities authorized | ||
to be constructed under this chapter. (Acts 57th Leg., R.S., Ch. 65, | ||
Sec. 2 (part).) | ||
Sec. 9078.0054. COST OF RELOCATING OR ALTERING PROPERTY. | ||
If the district's exercise of the power of eminent domain, the power | ||
of relocation, or any other power granted under this chapter makes | ||
necessary relocating, raising, rerouting, changing the grade of, or | ||
altering the construction of, a highway, railroad, electric | ||
transmission line, telephone or telegraph property or facility, or | ||
pipeline, the necessary action shall be accomplished at the | ||
district's sole expense. (Acts 57th Leg., R.S., Ch. 65, Sec. 2 | ||
(part).) | ||
SUBCHAPTER C. TAXES | ||
Sec. 9078.0101. IMPOSITION OF MAINTENANCE TAX; ELECTION | ||
PROCEDURE. (a) If approved by a majority of the voters of the | ||
district voting at an election called for that purpose, the | ||
district may impose a maintenance tax for the purposes of: | ||
(1) maintaining structures; | ||
(2) securing and purchasing land rights; | ||
(3) purchasing rights-of-way, including moving | ||
utilities; | ||
(4) administering contracts; and | ||
(5) paying other general operating expenses. | ||
(b) A maintenance tax election shall be called and notice | ||
given in the same manner as for a bond election and may be held | ||
simultaneously with a bond election. | ||
(c) This chapter does not prevent the calling of a | ||
subsequent maintenance tax election to establish or increase the | ||
amount of tax if the board determines that a maintenance tax | ||
election is required. (Acts 57th Leg., R.S., Ch. 65, Sec. 3 | ||
(part).) | ||
Sec. 9078.0102. MAINTENANCE TAX RATE. In calling a | ||
maintenance tax election, the board must specify the maximum | ||
proposed tax rate. To impose a maintenance tax at a rate that | ||
exceeds the maximum rate approved by the voters, the board must | ||
submit the question of a tax rate increase to the voters. (Acts | ||
57th Leg., R.S., Ch. 65, Sec. 3 (part).) | ||
Sec. 9078.0103. TAX METHOD. (a) The district shall use the | ||
ad valorem plan of taxation. | ||
(b) The district is not required to conduct a hearing on the | ||
adoption of a plan of taxation. (Acts 58th Leg., R.S., Ch. 275, | ||
Sec. 4.) | ||
SUBCHAPTER D. BONDS | ||
Sec. 9078.0151. DEFINITION OF NET REVENUES. In this | ||
subchapter, "net revenues" or "net operating revenues" means all | ||
income or increment from the ownership and operation of | ||
improvements and facilities operated by the district, minus the | ||
amount reasonably required to provide for the administration, | ||
efficient operation, and adequate maintenance of the improvements | ||
and facilities. The terms do not include money derived from | ||
taxation. (Acts 58th Leg., R.S., Ch. 275, Sec. 5 (part).) | ||
Sec. 9078.0152. AUTHORITY TO ISSUE BONDS. (a) The district | ||
may issue bonds to: | ||
(1) furnish land, easements, or permanent | ||
improvements to land or easements; | ||
(2) provide dams, structures, projects, and works of | ||
improvement for flood prevention, including structural and land | ||
treatment measures, and for agricultural phases of the | ||
conservation, development, use, and disposal of water, and for | ||
necessary facilities and equipment in connection therewith and for | ||
the improvement, maintenance, and repair of the same; and | ||
(3) exercise any other district power. | ||
(b) Except as otherwise provided by this chapter, district | ||
bonds must be authorized by a board resolution. | ||
(c) District bonds may be secured by and payable wholly | ||
from: | ||
(1) ad valorem taxes; | ||
(2) net operating revenues of the district, the net | ||
revenues of any contract made, or other revenues as specified in the | ||
resolution authorizing the issuance of the bonds; or | ||
(3) any combination of ad valorem taxes and net | ||
revenues as determined by the board. | ||
(d) In a resolution authorizing the issuance of bonds | ||
secured wholly or partly by district revenues, the board may | ||
reserve the right under conditions specified in the resolution to | ||
issue additional bonds on a parity with or subordinate to the bonds | ||
being issued. (Acts 57th Leg., R.S., Ch. 65, Sec. 3 (part); Acts | ||
58th Leg., R.S., Ch. 275, Sec. 5 (part); New.) | ||
Sec. 9078.0153. SECURITY FOR REVENUE BONDS. For bonds | ||
authorized to be issued that are secured by and payable wholly or | ||
partly from net revenues, the board may mortgage and encumber: | ||
(1) any part or all of the district's property and | ||
facilities acquired or to be acquired; | ||
(2) a franchise of or revenues from the operation of | ||
the district's property and facilities acquired or to be acquired; | ||
and | ||
(3) anything pertaining to the district's property and | ||
facilities acquired or to be acquired or the operation of the | ||
district's property or facilities. (Acts 58th Leg., R.S., Ch. 275, | ||
Sec. 5 (part).) | ||
Sec. 9078.0154. BOND ELECTION REQUIRED. (a) Bonds, other | ||
than refunding bonds, may not be issued unless approved by the | ||
voters of the district as provided by general law. | ||
(b) If a proposition submitted at an election is defeated, | ||
another election may be held in the district to vote on the same or a | ||
similar proposition at a time determined by the board. | ||
(c) The board may call an election under this section | ||
without a petition. The resolution calling the election must | ||
specify: | ||
(1) the time and place at which the election will be | ||
held; | ||
(2) the purpose for which the bonds will be issued; | ||
(3) the maximum maturity date and maximum interest | ||
rate of the bonds; | ||
(4) the form of the ballot; and | ||
(5) the presiding judge for each voting place. | ||
(d) Notice of the election must be given by publishing a | ||
substantial copy of the resolution calling the election in a | ||
newspaper of general circulation in the district. The notice must | ||
be published once each week for two consecutive weeks. The first | ||
publication must be not later than the 14th day before the date of | ||
the election. (Acts 58th Leg., R.S., Ch. 275, Sec. 5 (part).) | ||
Sec. 9078.0155. REFUNDING BONDS. (a) The district may | ||
issue refunding bonds to refund outstanding district bonds and | ||
interest on those bonds. | ||
(b) Bonds issued to refund revenue-supported bonds may: | ||
(1) be issued to refund bonds of more than one series; | ||
(2) combine the pledges for the outstanding bonds for | ||
the security of the refunding bonds; and | ||
(3) be secured by other or additional revenues. | ||
(c) The comptroller shall register the refunding bonds on | ||
surrender and cancellation of the bonds to be refunded. | ||
(d) Instead of issuing refunding bonds to be registered on | ||
the surrender and cancellation of the bonds to be refunded as | ||
provided by Subsection (c), the district, in the resolution | ||
authorizing the issuance of the refunding bonds, may provide for | ||
the sale of the refunding bonds and the deposit of the proceeds in a | ||
bank at which the bonds to be refunded are payable. In that case, | ||
the refunding bonds may be issued in an amount sufficient to pay the | ||
principal of and interest on the bonds to be refunded to their | ||
option date or maturity date, and the comptroller shall register | ||
the refunding bonds without the surrender and cancellation of the | ||
bonds to be refunded. (Acts 58th Leg., R.S., Ch. 275, Sec. 5 (part).) | ||
CHAPTER 9079. FORT HANCOCK WATER CONTROL AND IMPROVEMENT DISTRICT | ||
OF HUDSPETH COUNTY, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9079.0001. DEFINITIONS | ||
Sec. 9079.0002. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 9079.0003. DISTRICT TERRITORY | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 9079.0051. NOTICE OF DIRECTORS' ELECTION | ||
Sec. 9079.0052. DIRECTOR'S BOND | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9079.0101. GENERAL POWERS AND DUTIES | ||
Sec. 9079.0102. COST OF RELOCATING OR ALTERING | ||
PROPERTY | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9079.0151. TAX METHOD | ||
SUBCHAPTER E. BONDS | ||
Sec. 9079.0201. AUTHORITY TO ISSUE BONDS | ||
Sec. 9079.0202. NOTICE OF BOND ELECTION | ||
CHAPTER 9079. FORT HANCOCK WATER CONTROL AND IMPROVEMENT DISTRICT | ||
OF HUDSPETH COUNTY, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9079.0001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Fort Hancock Water Control | ||
and Improvement District of Hudspeth County, Texas. (Acts 57th | ||
Leg., R.S., Ch. 78, Sec. 3; New.) | ||
Sec. 9079.0002. FINDINGS OF PUBLIC USE AND BENEFIT. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 57th Leg., R.S., Ch. 78, Sec. 9.) | ||
Sec. 9079.0003. DISTRICT TERRITORY. The district is | ||
composed of the territory described by Section 5, Chapter 78, Acts | ||
of the 57th Legislature, Regular Session, 1961, as that territory | ||
may have been modified under: | ||
(1) Subchapter J, Chapter 49, Water Code; | ||
(2) Subchapter O, Chapter 51, Water Code; or | ||
(3) other law. (New.) | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 9079.0051. NOTICE OF DIRECTORS' ELECTION. Notice of a | ||
directors' election shall be posted in three or more public places | ||
in the district for at least 14 days before the date of the | ||
election. (Acts 57th Leg., R.S., Ch. 78, Sec. 4 (part).) | ||
Sec. 9079.0052. DIRECTOR'S BOND. Each director shall give | ||
bond in the amount of $1,000 for the faithful performance of the | ||
director's duties. (Acts 57th Leg., R.S., Ch. 78, Sec. 4 (part).) | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9079.0101. GENERAL POWERS AND DUTIES. The district | ||
has the rights, powers, privileges, and duties provided by general | ||
law applicable to a water control and improvement district created | ||
under Section 59, Article XVI, Texas Constitution, including | ||
Chapters 49 and 51, Water Code. (Acts 57th Leg., R.S., Ch. 78, Sec. | ||
10 (part).) | ||
Sec. 9079.0102. COST OF RELOCATING OR ALTERING PROPERTY. | ||
If the district's exercise of a power granted under this chapter | ||
makes necessary relocating, raising, rerouting, changing the grade | ||
of, or altering the construction of a highway, railroad, electric | ||
transmission line, telephone or telegraph property or facility, or | ||
pipeline, the necessary action shall be accomplished at the sole | ||
expense of the district. (Acts 57th Leg., R.S., Ch. 78, Sec. 9a.) | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9079.0151. TAX METHOD. (a) The district shall use the | ||
ad valorem plan of taxation, and taxes levied by the district must | ||
be on the ad valorem basis. | ||
(b) A hearing on a plan of taxation is not required. (Acts | ||
57th Leg., R.S., Ch. 78, Sec. 8.) | ||
SUBCHAPTER E. BONDS | ||
Sec. 9079.0201. AUTHORITY TO ISSUE BONDS. (a) The district | ||
may issue bonds if authorized by a majority of district voters | ||
voting at an election held for that purpose. | ||
(b) The district may issue bonds for any purpose permitted | ||
to a water control and improvement district. (Acts 57th Leg., R.S., | ||
Ch. 78, Sec. 6 (part).) | ||
Sec. 9079.0202. NOTICE OF BOND ELECTION. Notice of a bond | ||
election must be posted at three public places in the district for | ||
at least 14 days before the date of the election. (Acts 57th Leg., R.S., Ch. 78, Sec. 6 (part).) | ||
CHAPTER 9080. HALL AND DONLEY COUNTIES WATER CONTROL AND | ||
IMPROVEMENT DISTRICT NO. 1 OF HALL AND DONLEY COUNTIES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9080.0001. DEFINITION | ||
Sec. 9080.0002. NATURE OF DISTRICT | ||
Sec. 9080.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT | ||
Sec. 9080.0004. DISTRICT TERRITORY | ||
Sec. 9080.0005. LIBERAL CONSTRUCTION OF CHAPTER | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 9080.0051. COMPOSITION OF BOARD | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9080.0101. GENERAL POWERS | ||
Sec. 9080.0102. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9080.0151. TAX METHOD | ||
CHAPTER 9080. HALL AND DONLEY COUNTIES WATER CONTROL AND | ||
IMPROVEMENT DISTRICT NO. 1 OF HALL AND DONLEY COUNTIES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9080.0001. DEFINITION. In this chapter, "district" | ||
means the Hall and Donley Counties Water Control and Improvement | ||
District No. 1 of Hall and Donley Counties. (Acts 56th Leg., R.S., | ||
Ch. 424, Sec. 1 (part); Acts 59th Leg., R.S., Ch. 189, Sec. 1 | ||
(part); New.) | ||
Sec. 9080.0002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district established under Section | ||
59, Article XVI, Texas Constitution. (Acts 56th Leg., R.S., | ||
Ch. 424, Sec. 1 (part); Acts 59th Leg., R.S., Ch. 189, Sec. 1 | ||
(part).) | ||
Sec. 9080.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is essential to the accomplishment of the | ||
preservation and conservation of the natural resources of this | ||
state. | ||
(b) All land and other property in the district will benefit | ||
from the district and the district's improvements and from the | ||
preservation and conservation of the natural resources of this | ||
state. | ||
(c) This chapter addresses a subject in which the state is | ||
interested. (Acts 56th Leg., R.S., Ch. 424, Sec. 7 (part); Acts | ||
59th Leg., R.S., Ch. 189, Secs. 2 (part), 7 (part).) | ||
Sec. 9080.0004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 2, Chapter 189, Acts | ||
of the 59th Legislature, Regular Session, 1965, as that territory | ||
may have been modified under: | ||
(1) Subchapter J, Chapter 49, Water Code; | ||
(2) Subchapter O, Chapter 51, Water Code; or | ||
(3) other law. | ||
(b) The district includes all land and property in the | ||
district's territory. (Acts 59th Leg., R.S., Ch. 189, Sec. 2 | ||
(part); New.) | ||
Sec. 9080.0005. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed to effect the purpose and | ||
objectives stated in this chapter. (Acts 56th Leg., R.S., Ch. 424, | ||
Sec. 7 (part); Acts 59th Leg., R.S., Ch. 189, Sec. 7 (part).) | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 9080.0051. COMPOSITION OF BOARD. The district's board | ||
of directors is composed of five elected directors. (New.) | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9080.0101. GENERAL POWERS. The district may exercise | ||
the powers essential to the accomplishment of the purposes of | ||
Section 59, Article XVI, Texas Constitution, and may exercise the | ||
rights, powers, privileges, and functions implied by that section. | ||
(Acts 56th Leg., R.S., Ch. 424, Sec. 1 (part); Acts 59th Leg., | ||
R.S., Ch. 189, Sec. 1 (part).) | ||
Sec. 9080.0102. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS. The district has the rights, powers, privileges, and | ||
functions provided by general law applicable to a water control and | ||
improvement district, including Chapters 49 and 51, Water Code. | ||
(Acts 56th Leg., R.S., Ch. 424, Sec. 1 (part); Acts 59th Leg., | ||
R.S., Ch. 189, Sec. 1 (part).) | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9080.0151. TAX METHOD. (a) The district shall use the | ||
ad valorem plan of taxation. | ||
(b) The district is not required to have a hearing on the | ||
plan of taxation. (Acts 56th Leg., R.S., Ch. 424, Sec. 5; Acts 59th Leg., R.S., Ch. 189, Sec. 5.) | ||
CHAPTER 9083. HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9083.0001. DEFINITION | ||
Sec. 9083.0002. NATURE OF DISTRICT | ||
Sec. 9083.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT | ||
Sec. 9083.0004. DISTRICT TERRITORY | ||
Sec. 9083.0005. LIBERAL CONSTRUCTION OF CHAPTER | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 9083.0051. COMPOSITION OF BOARD | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9083.0101. GENERAL POWERS | ||
Sec. 9083.0102. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9083.0151. TAX METHOD | ||
CHAPTER 9083. HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9083.0001. DEFINITION. In this chapter, "district" | ||
means the Hudspeth County Water Control and Improvement District | ||
No. 1. (Acts 56th Leg., R.S., Ch. 299, Sec. 1 (part); New.) | ||
Sec. 9083.0002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district established under Section | ||
59, Article XVI, Texas Constitution. (Acts 56th Leg., R.S., Ch. | ||
299, Secs. 1 (part), 7 (part).) | ||
Sec. 9083.0003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is essential to the accomplishment of the | ||
preservation and conservation of the natural resources of the | ||
state. | ||
(b) All land and other property included in the district | ||
will benefit from the district, the district's improvements, and | ||
the purposes for which the district is created. | ||
(c) This chapter addresses a subject in which the state is | ||
interested. (Acts 56th Leg., R.S., Ch. 299, Secs. 2 (part), 7 | ||
(part).) | ||
Sec. 9083.0004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 2, Chapter 299, Acts | ||
of the 56th Legislature, Regular Session, 1959, as that territory | ||
may have been modified under: | ||
(1) Subchapter J, Chapter 49, Water Code; | ||
(2) Subchapter O, Chapter 51, Water Code; or | ||
(3) other law. | ||
(b) The district shall include all land and property in the | ||
district's territory. (Acts 56th Leg., R.S., Ch. 299, Sec. 2 | ||
(part); New.) | ||
Sec. 9083.0005. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed to effect its purposes. (Acts | ||
56th Leg., R.S., Ch. 299, Sec. 7 (part).) | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 9083.0051. COMPOSITION OF BOARD. The board of | ||
directors is composed of five elected directors. (New.) | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9083.0101. GENERAL POWERS. The district may exercise | ||
the powers essential to the accomplishment of the purposes of | ||
Section 59, Article XVI, Texas Constitution, and may exercise the | ||
rights, powers, privileges, and functions implied by that section. | ||
(Acts 56th Leg., R.S., Ch. 299, Sec. 1 (part).) | ||
Sec. 9083.0102. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS. The district has the rights, powers, privileges, and | ||
functions provided by general law applicable to a water control and | ||
improvement district, including Chapters 49 and 51, Water Code. | ||
(Acts 56th Leg., R.S., Ch. 299, Sec. 1 (part); New.) | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9083.0151. TAX METHOD. (a) Taxes imposed by the | ||
district shall be on the ad valorem basis. | ||
(b) The district is not required to hold a hearing on the | ||
plan of taxation. (Acts 56th Leg., R.S., Ch. 299, Sec. 5.) | ||
ARTICLE 2. CONFORMING AMENDMENTS | ||
SECTION 2.01. SABINE PASS PORT AUTHORITY. Section 1, | ||
Chapter 379, Acts of the 63rd Legislature, Regular Session, 1973, | ||
is amended to read as follows: | ||
Sec. 1. [ |
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The boundaries of the Sabine Pass Port Authority [ |
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shall be the boundaries of the Sabine Pass Independent School | ||
District in Jefferson County, Texas, as the same exist on the date | ||
of passage of this Act, excluding that portion which is located | ||
within the Port of Port Arthur Navigation District of Jefferson | ||
County, Texas, and in addition thereto the district's boundaries | ||
shall include the contiguous territory described by metes and | ||
bounds as follows: | ||
A 54.9 acre tract of land out of a part of the T. & N. O. Survey 122, | ||
Abst. 486--the T. & N. O. Survey 123, Abst. 251 and the South John | ||
Bennett Abst. 71, said tract described by metes and bounds as | ||
follows to:wit: | ||
Commencing at a concrete monument the Northeast corner of the T. & | ||
N. O. Survey 123, Abst. 251 and being in the West line of the South | ||
John Bennett Survey; | ||
THENCE, South 00 deg. 01 min. 30 sec. East, along said West line of | ||
the South John Bennett Survey, a distance of 465.15 feet to a point | ||
for turn in the East right-of-way line of State Highway 87; | ||
THENCE, North 18 deg. 45 min. 00 sec. West, along said East | ||
right-of-way line, a distance of 35.28 feet to point for corner and | ||
point of beginning of the tract herein below described; | ||
THENCE, South 18 deg. 45 min. 00 sec. East, along said East | ||
right-of-way line, a distance of 3566.03 feet to point for corner; | ||
THENCE, South 18 deg. 36 min. 41 sec. East, along said East | ||
right-of-way line, a distance of 5887.34 feet to point for corner in | ||
the East extension of the South line of the South John Bennett | ||
Survey; | ||
THENCE, East, along said extension a distance of 52.0 feet to point | ||
for corner in the West descending bank of the Port Arthur Ship | ||
Channel; | ||
THENCE, along the meanders of said channel the following courses | ||
and distances: | ||
North 12 deg. 29 min. 13 sec. West - 25.22 feet | ||
North 58 deg. 00 min. 21 sec. West - 53.14 feet | ||
North 13 deg. 25 min. 29 sec. West - 67.46 feet | ||
North 70 deg. 50 min. 37 sec. West - 29.03 feet | ||
North 20 deg. 54 min. 40 sec. West - 135.07 feet | ||
North 11 deg. 53 min. 52 sec. West - 50.07 feet | ||
South 82 deg. 13 min. 51 sec. East - 26.83 feet | ||
North 10 deg. 46 min. 30 sec. West - 83.98 feet | ||
North 20 deg. 17 min. 36 sec. West - 32.81 feet | ||
North 17 deg. 31 min. 26 sec. East - 36.91 feet | ||
North 19 deg. 17 min. 39 sec. West - 96.68 feet | ||
North 24 deg. 35 min. 12 sec. West - 97.29 feet | ||
North 16 deg. 43 min. 29 sec. West - 187.62 feet | ||
North 38 deg. 40 min. 03 sec. West - 34.18 feet | ||
North 00 deg. 49 min. 01 sec. West - 63.85 feet | ||
North 08 deg. 56 min. 23 sec. West - 105.15 feet | ||
North 18 deg. 31 min. 31 sec. West - 247.14 feet | ||
North 49 deg. 47 min. 19 sec. West - 50.88 feet | ||
North 14 deg. 48 min. 55 sec. West - 170.74 feet | ||
North 24 deg. 51 min. 34 sec. East - 27.70 feet | ||
North 23 deg. 03 min. 20 sec. West - 170.02 feet | ||
North 35 deg. 47 min. 26 sec. West - 240.07 feet | ||
North 15 deg. 49 min. 10 sec. West - 439.73 feet | ||
North 13 deg. 06 min. 54 sec. West - 61.50 feet | ||
North 03 deg. 06 min. 24 sec. West - 71.50 feet | ||
North 11 deg. 14 min. 39 sec. West - 99.95 feet | ||
North 39 deg. 20 min. 33 sec. East - 25.42 feet | ||
North 14 deg. 25 min. 54 sec. West - 64.56 feet | ||
North 12 deg. 46 min. 36 sec. East - 92.92 feet | ||
North 19 deg. 15 min. 15 sec. West - 154.25 feet | ||
North 22 deg. 08 min. 11 sec. West - 143.13 feet | ||
North 24 deg. 08 min. 29 sec. West - 81.13 feet | ||
North 22 deg. 20 min. 12 sec. West - 113.11 feet | ||
North 02 deg. 25 min. 40 sec. East - 44.48 feet | ||
North 23 deg. 53 min. 14 sec. West - 260.36 feet | ||
North 22 deg. 31 min. 29 sec. West - 53.69 feet | ||
North 14 deg. 26 min. 06 sec. East - 93.32 feet | ||
North 38 deg. 26 min. 36 sec. West - 67.01 feet | ||
North 14 deg. 47 min. 13 sec. West - 290.60 feet | ||
North 60 deg. 26 min. 29 sec. West - 102.43 feet | ||
North 21 deg. 17 min. 48 sec. East - 57.69 feet | ||
South 70 deg. 26 min. 39 sec. East - 50.50 feet | ||
North 27 deg. 56 min. 05 sec. East - 76.38 feet | ||
North 08 deg. 40 min. 00 sec. West - 165.74 feet | ||
North 15 deg. 59 min. 03 sec. West - 557.03 feet | ||
North 09 deg. 09 min. 41 sec. West - 140.32 feet | ||
North 21 deg. 31 min. 38 sec. West - 265.07 feet | ||
North 43 deg. 13 min. 40 sec. West - 74.36 feet | ||
South 80 deg. 03 min. 11 sec. East - 35.00 feet | ||
North 27 deg. 11 min. 50 sec. West - 31.31 feet | ||
North 29 deg. 12 min. 57 sec. West - 168.90 feet | ||
North 06 deg. 56 min. 37 sec. East - 43.73 feet | ||
North 30 deg. 39 min. 39 sec. West - 27.47 feet | ||
North 40 deg. 01 min. 39 sec. West - 53.48 feet | ||
North 50 deg. 59 min. 55 sec. West - 24.28 feet | ||
North 54 deg. 50 min. 38 sec. East - 28.25 feet | ||
North 33 deg. 25 min. 59 sec. West - 57.24 feet | ||
North 64 deg. 12 min. 29 sec. West - 17.78 feet | ||
North 10 deg. 44 min. 19 sec. East - 19.22 feet | ||
North 28 deg. 27 min. 56 sec. West - 129.86 feet | ||
North 39 deg. 11 min. 03 sec. East - 37.37 feet | ||
North 02 deg. 04 min. 19 sec. East - 50.32 feet | ||
North 10 deg. 09 min. 16 sec. West - 43.14 feet | ||
North 22 deg. 20 min. 17 sec. West - 113.64 feet | ||
North 53 deg. 13 min. 21 sec. East - 6.41 feet | ||
North 26 deg. 37 min. 03 sec. West - 92.92 feet | ||
North 13 deg. 14 min. 17 sec. West - 80.58 feet | ||
North 19 deg. 41 min. 27 sec. West - 127.44 feet | ||
North 27 deg. 21 min. 20 sec. West - 54.28 feet | ||
South 47 deg. 29 min. 00 sec. West - 45.38 feet | ||
South 09 deg. 30 min. 48 sec. East - 65.88 feet | ||
South 20 deg. 15 min. 16 sec. West - 38.15 feet | ||
North 87 deg. 42 min. 30 sec. West - 78.97 feet | ||
North 25 deg. 58 min. 13 sec. West - 140.09 feet | ||
North 19 deg. 47 min. 05 sec. West - 55.38 feet | ||
North 70 deg. 01 min. 10 sec. West - 30.31 feet | ||
North 49 deg. 49 min. 07 sec. East - 16.98 feet | ||
North 18 deg. 47 min. 58 sec. East - 16.29 feet | ||
North 12 deg. 41 min. 54 sec. West - 57.60 feet | ||
North 40 deg. 14 min. 57 sec. East - 26.69 feet | ||
North 75 deg. 52 min. 27 sec. West - 139.07 feet | ||
North 36 deg. 55 min. 56 sec. West - 41.26 feet | ||
South 82 deg. 08 min. 20 sec. East - 131.62 feet | ||
North 24 deg. 39 min. 59 sec. West - 14.94 feet | ||
North 55 deg. 13 min. 44 sec. East - 74.28 feet | ||
South 48 deg. 57 min. 32 sec. East - 54.17 feet | ||
North 58 deg. 32 min. 41 sec. East - 49.23 feet | ||
North 24 deg. 34 min. 59 sec. East - 99.44 feet | ||
North 46 deg. 00 min. 10 sec. West - 118.53 feet | ||
North 06 deg. 03 min. 23 sec. West - 42.94 feet | ||
North 42 deg. 29 min. 08 sec. West - 37.02 feet | ||
North 47 deg. 31 min. 18 sec. East - 38.35 feet | ||
North 69 deg. 57 min. 31 sec. West - 84.03 feet | ||
North 39 deg. 20 min. 52 sec. West - 68.33 feet | ||
North 23 deg. 24 min. 48 sec. West - 99.65 feet | ||
North 14 deg. 27 min. 54 sec. West - 95.18 feet | ||
North 02 deg. 30 min. 54 sec. East - 43.76 feet | ||
North 34 deg. 28 min. 08 sec. West - 74.06 feet | ||
North 14 deg. 22 min. 24 sec. West - 113.03 feet | ||
North 49 deg. 49 min. 15 sec. East - 112.31 feet | ||
North 20 deg. 04 min. 24 sec. West - 48.47 feet | ||
North 83 deg. 20 min. 51 sec. West - 86.10 feet | ||
North 26 deg. 04 min. 10 sec. West - 96.87 feet | ||
North 09 deg. 11 min. 19 sec. West - 142.12 feet | ||
North 67 deg. 36 min. 42 sec. East - 56.32 feet | ||
North 30 deg. 49 min. 30 sec. East - 22.41 feet | ||
North 22 deg. 47 min. 30 sec. West - 56.02 feet | ||
North 13 deg. 56 min. 26 sec. West - 149.00 feet | ||
North 18 deg. 02 min. 09 sec. West - 97.79 feet | ||
North 53 deg. 50 min. 52 sec. West - 37.14 feet | ||
North 22 deg. 15 min. 45 sec. East - 36.87 feet | ||
North 23 deg. 42 min. 04 sec. West - 112.20 feet | ||
North 09 deg. 30 min. 08 sec. West - 81.96 feet | ||
North 18 deg. 58 min. 50 sec. West - 121.30 feet | ||
North 38 deg. 00 min. 15 sec. West - 92.06 feet | ||
North 24 deg. 38 min. 28 sec. West - 98.60 feet | ||
North 00 deg. 34 min. 55 sec. West - 81.10 feet | ||
North 19 deg. 00 min. 48 sec. West - 45.20 feet | ||
North 56 deg. 21 min. 41 sec. East - 40.23 feet | ||
North 48 deg. 14 min. 01 sec. West - 121.82 feet | ||
North 31 deg. 30 min. 37 sec. West - 101.56 feet | ||
North 07 deg. 43 min. 43 sec. West - 56.02 feet | ||
North 14 deg. 46 min. 25 sec. East - 110.59 feet | ||
North 32 deg. 20 min. 10 sec. West - 164.56 feet | ||
North 02 deg. 36 min. 08 sec. West - 125.06 feet | ||
North 27 deg. 24 min. 24 sec. West - 190.99 feet | ||
North 01 deg. 12 min. 39 sec. West - 208.43 feet | ||
North 57 deg. 21 min. 52 sec. West - 48.85 feet | ||
North 01 deg. 30 min. 24 sec. West - 95.75 feet | ||
North 40 deg. 07 min. 50 sec. West - 120.96 feet | ||
North 17 deg. 51 min. 18 sec. East - 112.64 feet | ||
North 63 deg. 12 min. 10 sec. West - 79.11 feet | ||
North 17 deg. 05 min. 44 sec. West - 103.72 feet | ||
North 28 deg. 18 min. 35 sec. East - 87.72 feet | ||
North 16 deg. 40 min. 55 sec. West - 114.30 feet | ||
North 24 deg. 51 min. 25 sec. West - 187.74 feet | ||
North 14 deg. 12 min. 51 sec. East - 135.72 feet | ||
North 62 deg. 31 min. 22 sec. West - 52.58 feet | ||
North 18 deg. 51 min. 09 sec. West - 182.43 feet | ||
North 07 deg. 40 min. 03 sec. East - 102.05 feet | ||
North 27 deg. 21 min. 32 sec. West - 145.37 feet | ||
North 30 deg. 57 min. 39 sec. West - 440.35 feet | ||
South 04 deg. 36 min. 36 sec. East - 252.07 feet | ||
North 89 deg. 20 min. 59 sec. West - 109.06 feet | ||
South 42 deg. 59 min. 36 sec. West - 31.24 feet | ||
North 60 deg. 39 min. 10 sec. West - 21.15 feet | ||
North 85 deg. 25 min. 11 sec. West - 60.71 feet | ||
North 74 deg. 59 min. 11 sec. West - 31.90 feet | ||
South 11 deg. 23 min. 33 sec. East - 62.31 feet | ||
South 50 deg. 34 min. 39 sec. West - 55.70 feet | ||
South 18 deg. 45 min. 00 sec. East - 1430.87 feet | ||
South 27 deg. 20 min. 30 sec. East - 572.29 feet | ||
South 25 deg. 39 min. 30 sec. West - 122.18 feet to the point | ||
of beginning. The tract of land herein above described contains | ||
54.9 acres of land, more or less. | ||
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SECTION 2.02. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. | ||
319. Section 3, Chapter 787, Acts of the 69th Legislature, Regular | ||
Session, 1985, is amended to read as follows: | ||
Sec. 3. BOUNDARIES. The Harris County Municipal Utility | ||
District No. 319 [ |
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contained within the following described area: Being a tract or | ||
parcel containing 237.9940 acres of land in the William McCann | ||
Survey, Abstract 585, Harris County, Texas, said 237.9940 acre | ||
tract being more particularly described as follows: | ||
COMMENCING for reference at the intersection of the east | ||
right-of-way (R.O.W.) line of Becker Road, 60.00 feet wide, and the | ||
southerly line of said William McCann Survey, Abstract 585; | ||
THENCE, along the east R.O.W. line of said Becker Road the following | ||
courses and distances: | ||
North 00°51'06" West, 700.00 feet to the POINT OF BEGINNING | ||
and the southwest corner of the herein described tract; North | ||
00°51'06" West, 2641.14 feet to a point at the beginning of a curve; | ||
143.75 feet along the arc of a curve to the right, having a central | ||
angle of 28°45'00", a radius of 286.48 feet and a chord which bears | ||
North 13°31'24" East, 142.25 feet to a point at the end of said | ||
curve; North 27°53'54" East, 203.27 feet to a point for the | ||
northwest corner of the herein described tract in the north line of | ||
the aforementioned William McCann Survey; | ||
THENCE, along the north line of said William McCann Survey and the | ||
south line of the Harris County School Land Survey, Abstract 333, | ||
North 89°25'55" East, 3926.28 feet to a point for the northeast | ||
corner of the herein described tract; | ||
THENCE, departing said survey line, South 01°00'00" East, 1492.66 | ||
feet to a point for corner; | ||
THENCE, South 89°00'00" West, 665.66 feet to a point at the | ||
beginning of a curve; | ||
THENCE, 1916.28 feet along the arc of a curve to the left, having a | ||
central angle of 87°50'10", a radius of 1250.00 feet and a chord | ||
which bears South 45°04'55" West, 1734.07 feet to a point at the end | ||
of said curve; | ||
THENCE, South 01°09'50" West, 502.49 feet to a point at the | ||
beginning of a curve; | ||
THENCE, 484.78 feet along the arc of a curve to the right, having a | ||
central angle of 22°13'15", a radius of 1250.00 feet and a chord | ||
which bears South 12°16'28" West, 481.75 feet to a point at the end | ||
of said curve; | ||
THENCE, South 23°23'05" West, 150.00 feet to a point for the | ||
southeast corner of the herein described tract; | ||
THENCE, North 66°36'55" West, 428.18 feet to a point at the | ||
beginning of a curve; | ||
THENCE, 447.69 feet along the arc of a curve to the right, having a | ||
central angle of 12°49'31", a radius of 2000.00 feet and a chord | ||
which bears North 60°12'09" West, 446.75 feet to a point at the end | ||
of said curve; | ||
THENCE, North 53°47'24" West, 109.55 feet to a point at the | ||
beginning of a curve; | ||
THENCE, 1188.98 feet along the arc of a curve to the left, having a | ||
central angle of 34°03'42", a radius of 2000.00 feet and a chord | ||
which bears North 70°49'15" West, 1171.55 feet to the POINT OF | ||
BEGINNING and containing 237.9940 acres of land. | ||
SECTION 2.03. POLK COUNTY FRESH WATER SUPPLY DISTRICT NO. | ||
2. Section 3, Chapter 814, Acts of the 75th Legislature, Regular | ||
Session, 1997, is amended to read as follows: | ||
Sec. 3. BOUNDARIES. The boundaries of Polk County Fresh | ||
Water Supply District No. 2 are hereby confirmed as follows: | ||
BEGINNING at a point in the A.M. De La Jarza Survey A-43 on the | ||
shoreline of Lake Livingston, said point having a Stato Plane | ||
co-ordinate of Y=459,067.61, X=3,631,144.58; | ||
THENCE, N 57° 51' 38" E, a distance to a point intersecting the west | ||
boundary line of the 695.13 acre tract described in the deed te | ||
James A. McAlister, Trustee for 711 LTD recorded in Volume 279, | ||
Page 892, of the Polk County Deed Records; | ||
THENCE, along the boundary line of the said McAlister 695.13 acre | ||
tract, (more particularly described in the Deed of Trust Records, | ||
Volume 104, Page 226-234 of Polk County Records) being the boundary | ||
line of the Polk County Fresh Water Supply District No. 2 as amended | ||
according to the Minutes of the Annexation Meeting of December 15, | ||
1981, of Polk County Fresh Wator Supply District No. 2, in a | ||
clockwise direction for several courses to it's intersection with | ||
the Trinity River Authority Lake Livingston "Fee Take" line, being | ||
the Northeast corner of the original Polk County Fresh Water Supply | ||
District No. 2 boundary as set forth in that certain Polk County | ||
Commissioners Court Minutes dated January 26, 1976, and recorded in | ||
Volume 22, Page 11-15 of the Records of Polk County, Texas; said | ||
point having a State Plane co-ordinate of Y=469,284.55, | ||
X=3,647,407.03; | ||
THENCE, in a southerly direction with the meanders of the "Fee Take" | ||
line of Lake Livingston around a peninsula commonly called the | ||
Onalaska Peninsula to the point of beginning, the above to exclude | ||
the Area dedicated and named Stowaway Bay as described in tbe Plat | ||
Records of Polk County, Texas, and also excludes the Area dedicated | ||
and named Canyon Park as described in the Plat Records of Polk | ||
County, Texas, with the exception of those certain partials of land | ||
located in the Canyon Park Subdivision and located along and | ||
adjacent to FM 356, North Highway and described as: | ||
Section 4, Lot 11, as described in the Plat Records Book 7, | ||
Page 27 of Polk County, Texas; and | ||
Section 2, Lot 13; and Section 2, Lots 14, 15, and 16 as | ||
described in the Plat Records Book 7, Page 2 of Polk County, Texas, | ||
which shall be included within the boundaries of the Polk County | ||
Fresh Water Supply District No. 2 | ||
all of the foregoing land being encompassed within the | ||
boundaries of Polk County Fresh Water Supply District No. 2. | ||
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SECTION 2.04. FORT BEND COUNTY WATER CONTROL AND | ||
IMPROVEMENT DISTRICT NO. 2. Section 1, Chapter 312, Acts of the | ||
57th Legislature, Regular Session, 1961, is amended to read as | ||
follows: | ||
Sec. 1. The boundaries of the Fort Bend County Water Control | ||
and Improvement District No. 2 are [ |
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BEGINNING at the point of intersection of the Northwest line | ||
of Section 8, B.B.B. & C. Railroad Co. Survey and the Fort | ||
Bend-Harris County line; | ||
THENCE Northwesterly (from said point of intersection of said | ||
Northwest line of Section 8, B.B.B. & C. Railroad Co. Survey and the | ||
Fort Bend-Harris County line), along the Fort Bend-Harris County | ||
line to the point of intersection of said Fort Bend-Harris County | ||
line with the center line of a public road running through Section | ||
7, B.B.B. & C. Railroad Co. Survey, along the division line between | ||
the Southwest one-half and the Northeast one-half of said Section | ||
7, B.B.B. & C. Railroad Co. Survey, for a corner; | ||
THENCE Northwest along the centerline of said public road to | ||
its intersection with the centerline of the Stafford-Bellaire Road, | ||
which point is in the Northwest line of Section 7, B.B.B. & C. | ||
Railroad Co. Survey, for a corner; | ||
THENCE in a Northwesterly direction to the Northeast corner | ||
of Missouri City Estates Subdivision, which point is in the South | ||
line of Section 4, H.T. & B. Railroad Co. Survey, for a corner; | ||
THENCE West, 1,107.3 feet along the North line of Missouri | ||
City Estates Subdivision and the South line of Section 4, H.T. & B. | ||
Railroad Co. Survey to the Northwest corner of Missouri City | ||
Estates Subdivision, for a corner; | ||
THENCE South along the West line of Missouri City Estates | ||
Subdivision and its extension Southerly to a point in the | ||
centerline of Mula Road, for a corner; | ||
THENCE in a Westerly direction along the centerline of Mula | ||
Road to its intersection with the centerline of Murphy Road; | ||
THENCE generally in a Southerly direction in a straight line | ||
to the Northeast corner of the William Stafford League; | ||
THENCE West along the North line of the William Stafford | ||
League to a point in the centerline of Lester Road, for a corner; | ||
THENCE Southerly with the centerline of Lester Road to the | ||
Northeast corner of an 80 acre tract described in deed from | ||
Sugarland Industries, Inc. to Fort Bend Independent School District | ||
and recorded in Volume 399, Pages 433 thru 438 of the Deed Records | ||
of Fort Bend County, Texas which corner is South 0 degrees 19 | ||
minutes West 1,421.4 feet, measured along said centerline of Lester | ||
Road, from the centerline of the G.H. & S.A. Railway, for a corner; | ||
THENCE North 89 degrees 41 minutes West, along the North line | ||
of said 80 acre tract, 1,291.36 feet to its Northwest corner, for a | ||
corner; | ||
THENCE South 0 degrees 19 minutes West, along the West line of | ||
said 80 acre tract, 2,698.55 feet to its Southwest corner, for a | ||
corner; | ||
THENCE South 89 degrees 41 minutes East, along the South line | ||
of said 80 acre tract, 1,291.36 feet to its Southeast corner, in the | ||
centerline of Lester Road, for a corner; | ||
THENCE Southerly with the centerline of Lester Road, at | ||
3,007.7 feet pass the Northeast corner of the Riverbend Country | ||
Club's 165.0 acre tract and continuing with the centerline of | ||
Lester Road to a point in the North right-of-way line of the | ||
American Canal Co. property, for a corner; | ||
THENCE East Southeasterly along the North line of the | ||
American Canal Co. property to its intersection with the Southeast | ||
right-of-way line of Avenue E; | ||
(15) THENCE in a Northeasterly direction along the | ||
Southeast right-of-way line of Avenue E to its intersection with | ||
the centerline of Murphy Road, which point of intersection is in the | ||
East line of the William Stafford League, for a corner; | ||
THENCE in an East Southeasterly direction in a straight line | ||
to a point at the intersection of the centerline of a road running | ||
in a Southerly direction from the Stafford-Blue Ridge Road to the | ||
Stafford Run Creek and a line 500 feet Southwest of and parallel | ||
with the Southwest boundary line of the F. P. Hoffman Survey, for a | ||
corner; | ||
THENCE South 45 degrees East 500 feet from and parallel to | ||
said Southwest boundary line of said F. P. Hoffman Survey to a point | ||
in the M. Johnson 4.8 acre tract, which point is South 45 degrees | ||
West 500 feet from the Southwest boundary line of said F. P. Hoffman | ||
Survey and in the extended Southeast boundary line of the L. Ross | ||
18.4 acre tract, for a corner; | ||
THENCE South 45 degrees West to an intersection with the | ||
Northeast right-of-way line of the American Canal Co. property; | ||
THENCE in a generally Southeasterly and Southerly direction | ||
with the Northeast and East right-of-way line of said American | ||
Canal Co. property to its intersection with the South line of the | ||
Wm. Neel Survey, for a corner; | ||
THENCE East along the South line of the William Neel Survey to | ||
its most Easterly corner, same being in a Southwest line of the I. & | ||
G.N. Railroad Co. Survey, Abstract 264, for a corner; | ||
THENCE Northwest along the common line of the William Neel | ||
Survey and the I. & G.N. Railroad Co. Survey, Abstract 264, to the | ||
South corner of the I. & G.N. Railroad Co. Survey, Abstract 360, for | ||
a corner; | ||
THENCE Northeast along the Southeast line of the I. & G.N. | ||
Railroad Co. Survey, Abstract 360, to its East corner, for a corner; | ||
THENCE Northwest along the Northeast line of the | ||
I. & G.N. Railroad Co. Survey, Abstract 360, to the South corner, | ||
Section 9, B.B.B. & C. Railroad Co. Survey, for a corner; | ||
THENCE Northeast along the Southeast line of Sections 9 & 8, | ||
B.B.B. & C. Railroad Co. Surveys to the point of the intersection of | ||
the Southeast line of said Section 8, B.B.B. & C. Railroad Co. | ||
Survey with the Fort Bend-Harris County line, for a corner; | ||
THENCE Northwesterly along the Fort Bend-Harris County line | ||
to the point of intersection with the Northwest line of Section 8, | ||
B.B.B. & C. Railroad Co. Survey, the point and place of BEGINNING. | ||
SECTION 2.05. HALL AND DONLEY COUNTIES WATER CONTROL AND | ||
IMPROVEMENT DISTRICT NO. 1 OF HALL AND DONLEY COUNTIES. Section 2, | ||
Chapter 189, Acts of the 59th Legislature, Regular Session, 1965, | ||
is amended to read as follows: | ||
Sec. 2. The boundaries of the Hall and Donley Counties Water | ||
Control and Improvement District No. 1 of Hall and Donley Counties | ||
are [ |
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BEGINNING at the common Southwest corner of Section 19 and | ||
the Southeast corner of Section 20, both Sections being in Block 2, | ||
of T. & P. R. R. Co. Survey in Hall County, Texas, the point of | ||
beginning also being on the North bank of the Prairie Dog Town Fork | ||
of Red River; | ||
THENCE, North with the West line of said Section 19 and the | ||
East line of said Section 20, Block 2, T. & P. R. R. Co. Survey, to | ||
the South Bank of Mulberry Creek; | ||
THENCE, in a Northwesterly direction with the South bank of | ||
Mulberry Creek to its intersection with the common East line of | ||
Briscoe County and the West line of Hall County; | ||
THENCE, North with the said common County Lines to the North | ||
line of Section 121, Block 2, T. & P. R. R. Co. Survey in Hall | ||
County, Texas; | ||
THENCE, East with the North line of said Section 121, Block 2, | ||
T. & P. R. R. Co. Survey, to the common Northeast corner of said | ||
Section 121 and the Southeast corner of Section 13, Block 2, J. | ||
Poitevent Survey in Hall County, Texas; | ||
THENCE, North with the East line of said Section 13, Block 2, | ||
J. Poitevent Survey and crossing Section 1, Block 1, C. L. Benson | ||
Survey and also crossing Section 5, Block X, W. H. Martin Survey to | ||
a point of intersection with the South line of Section 6, Block B, | ||
John G. Adair Survey. All of the above Surveys being in Hall County, | ||
Texas; | ||
THENCE, West with the South line of said Section 6, Block B, | ||
John G. Adair Survey to the Southwest corner of said Section 6; | ||
THENCE, North with the West line of Section 6, Block B, John | ||
G. Adair Survey in Hall County, Texas, and the West line of Section | ||
11, Block B, John G. Adair Survey in Hall and Donley Counties, | ||
Texas, to the Northwest corner of said Section 11; | ||
THENCE, West to the Southeast corner of Section 36, Block | ||
G-7, Adair & Goodnight Survey in Donley County, Texas; | ||
THENCE, North with the East line of said Section 36, Block | ||
G-7, Adair & Goodnight Survey to the common Northwest corner of | ||
Section 32, Block G-7, Adair & Goodnight Survey and the Southwest | ||
corner of Section 33, Block G-7, Adair & Goodnight Survey in Donley | ||
County, Texas; | ||
THENCE, East with the South line of said Section 33, Block | ||
G-7, Adair & Goodnight Survey to the Southeast corner of said | ||
Section 33; | ||
THENCE, North along the East line of said Section 33, Block | ||
G-7, Adair & Goodnight Survey and the West line of Section 29, Block | ||
G-7, Adair & Goodnight Survey in Donley County, Texas, to the | ||
Northwest corner of said Section 29; | ||
THENCE, East with the North line of said Section 29, Block | ||
G-7, Adair & Goodnight Survey and across Section 68, W. M. Cross | ||
Survey in Donley County, Texas, to the intersection with the | ||
present East right of way line of State Highway 70 in Section 170, | ||
Block E, D. & P. R. R. Co. Survey in Donley County, Texas; | ||
THENCE, in a North and Northeasterly direction with the | ||
present East right of way line of State Highway 70 thru Sections 170 | ||
and 169, Block E, D. & P. R. R. Co. Survey, Section 26, Block G-7, | ||
Adair & Goodnight Survey to a point located 752.5 varas and 20 feet | ||
South of the North line of Section 167, Block E, D. & P. R. R. Co. | ||
Survey in Donley County, Texas. The said point also being located | ||
1,430.9 varas West of the East line of said Section 167; | ||
THENCE, East 741 varas to a point; | ||
THENCE, South 1,147.8 varas to a point in the South line of | ||
said Section 167, Block E, D. & P. R. R. Co. Survey and also 689.7 | ||
varas West of the Southeast corner of said Section 167; | ||
THENCE, East with the North lines of Sections 166, 157 and | ||
152, Block E, D. & P. R. R. Co. Survey in Donley County, Texas, to | ||
the Northeast corner of said Section 152 and the West line of | ||
Section 153, Block E, D. & P. R. R. Co. Survey in Donley County, | ||
Texas; | ||
THENCE, South with the West line of said Section 153, Block E, | ||
D. & P. R. R. Co. Survey to its Southwest corner and the Northwest | ||
corner of Section 154, Block E, D. & P. R. R. Co. Survey in Donley | ||
County, Texas; | ||
THENCE, East with the North line of said Section 154, Block E, | ||
D. & P. R. R. Co. Survey to its Northeast corner; | ||
THENCE, South with the East line of said Section 154, Block E, | ||
D. & P. R. R. Co. Survey to its Southeast corner and the North line | ||
of Section 144, Block E, D. & P. R. R. Co. Survey in Donley County, | ||
Texas; | ||
THENCE, East with the North line of said Section 144, Block E, | ||
D. & P. R. R. Co. Survey to its Northeast corner and the Southwest | ||
corner of Section 98, Block C-6, G. C. & S. F. R. R. Co. Survey in | ||
Donley County, Texas; | ||
THENCE, East with the South line of said Section 98, Block | ||
C-6, G. C. & S. F. R. R. Co. Survey a distance of 950 varas; | ||
THENCE, North 950 varas to a point; | ||
THENCE, East 950 varas to a point in the East line of Section | ||
98 and the West line of Section 97, Block C-6, G. C. & S. F. R. R. Co. | ||
Survey in Donley County, Texas; | ||
THENCE, North with the said West line of Section 97, Block | ||
C-6, G. C. & S. F. R. R. Co. Survey 354.75 varas; | ||
THENCE, East 950 varas to a point; | ||
THENCE, South 354.75 varas to a point; | ||
THENCE, East 950 varas to a point in the West line of Section | ||
96, Block C-6, G. C. & S. F. R. R. Co. Survey in Donley County, | ||
Texas; | ||
THENCE, South with the said West line of Section 96, Block | ||
C-6, G. C. & S. F. R. R. Co. Survey to its Southwest corner and the | ||
Northwest corner of Section 101, Block C-6, G. C. & S. F. R. R. Co. | ||
Survey in Donley County, Texas; | ||
THENCE, East with the North line of said Section 101, Block | ||
C-6, G. C. & S. F. R. R. Co. Survey to its Northeast corner; | ||
THENCE, South with the East line of said Section 101, Block | ||
C-6, G. C. & S. F. R. R. Co. Survey 1,600 varas; | ||
THENCE, East to a point in the East line of Section 134, Block | ||
E, D. & P. R. R. Co. Survey in Donley County, Texas; | ||
THENCE, South with the West lines of Sections 134 and 135, | ||
Block E, D & P. R. R. Co. Survey in Donley County, Texas, to the | ||
Southeast corner of said Section 135; | ||
THENCE, East across Theo W. Wheeler Survey in Donley County, | ||
Texas, to the Northeast corner of Section 50, Block 20, H. & G. N. R. | ||
R. Co. Survey in Donley County, Texas; | ||
THENCE, South with the East line of said Section 50, Block 20, | ||
H. & G. N. R. R. Co. Survey to its Southeast corner and the Northwest | ||
corner of Section 32, Block 20, H. & G. N. R. R. Co. Survey in Donley | ||
County, Texas; | ||
THENCE, East with the North line of said Section 32, Block 20, | ||
H. & G. N. R. R. Co. Survey to the Northeast corner of said Section | ||
32; | ||
THENCE, South with the East line of said Section 32, Block 20, | ||
H. & G. N. R. R. Co. Survey to its Southeast corner and also the | ||
Northwest corner of Section 28, Block 20, H. & G. N. R. R. Co. Survey | ||
in Donley and Hall Counties, Texas; | ||
THENCE, East to the Northeast corner of said Section 28, | ||
Block 20, H. & G. N. R. R. Co. Survey; | ||
THENCE, South with the East line of said Section 28 and | ||
Section 13, Block 20, H. & G. N. R. R. Co. Survey in Hall County, | ||
Texas, to the Southeast corner of said Section 13; | ||
THENCE, West to the Northeast corner of Section 9, Block 20, | ||
H. & G. N. R. R. Co. Survey in Hall County, Texas; | ||
THENCE, South with the East lines of said Section 9, Block 20, | ||
and Sections 99, 62, and 59, Block 18, H. & G. N. R. R. Co. Survey in | ||
Hall County, Texas, to the Southeast corner of said Section 59 and | ||
the Northwest corner of Section 23, Block 18, W. & N. W. R. R. Co. | ||
Survey in Hall County, Texas; | ||
THENCE, East with the North line of said Section 23, Block 18, | ||
H. & G. N. R. R. Co. Survey 950 varas; | ||
THENCE, South 950 varas to a point; | ||
THENCE, East 950 varas to a point in the East line of said | ||
Section 23, Block 18, H. & G. N. R. R. Co. Survey; | ||
THENCE, South with the East lines of Sections 23 and 18, Block | ||
18, H. & G. N. R. R. Co. Survey in Hall County, Texas, to the | ||
Southeast corner of said Section 18; | ||
THENCE, West to the Northwest corner of Section 116, Block 1, | ||
S. P. Ry. Co. Survey in Hall County, Texas; | ||
THENCE, South with the West line of said Section 116, Block 1, | ||
S. P. Ry. Co. Survey to its Southwest corner and the Northwest | ||
corner of Section 109, Block 1, S. P. Ry. Co. Survey in Hall County, | ||
Texas; | ||
THENCE, East with the North line of said Section 109, Block 1, | ||
S. P. Ry. Co. Survey to its Northeast corner; | ||
THENCE, East 950 varas to a point in the North line of Section | ||
108, Block 1, S. P. Ry. Co. Survey in Hall County, Texas; | ||
THENCE, South to a point in the South line of said Section | ||
108, Block 1, S. P. Ry. Co. Survey and the North line of Section 9, | ||
Block R, T. A. Thomson Survey in Hall County, Texas; | ||
THENCE, East with the North line of said Section 9, Block R, | ||
T. A. Thomson Survey to its Northeast corner; | ||
THENCE, South with the East line of said Section 9, Block R, | ||
T. A. Thomson Survey to its Southeast corner and the North line of | ||
Section 67, Block 1, S. P. Ry. Co. Survey in Hall County, Texas; | ||
THENCE, East with the North lines of Sections 67 and 68, Block | ||
1, S. P. Ry. Co. Survey in Hall County, Texas, to the Northeast | ||
corner of said Section 68; | ||
THENCE, South with the East lines of Sections 68 and 53, Block | ||
1, S. P. Ry. Co. Survey in Hall County, Texas, to the Southeast | ||
corner of said Section 530 on the North Bank of the Prairie Dog Town | ||
Fork of Red River; | ||
THENCE, in a Northwesterly direction with the meanders of the | ||
North bank of the Prairie Dog Town Fork of Red River to the PLACE OF | ||
BEGINNING[ |
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SECTION 2.06. HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 1. Section 2, Chapter 299, Acts of the 56th | ||
Legislature, Regular Session, 1959, is amended to read as follows: | ||
Sec. 2. The boundaries of the Hudspeth County Water Control | ||
and Improvement [ |
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A tract of 2405 acres of land in Hudspeth County, Texas known | ||
as the SW1/4 of Sur. No. 2 and the S1/2 of Sur. No. 3, Blk. No. 59, P. | ||
S. L., the W1/2 of Sur. No. 2, Sur. No. 3, the E1/2 of Sur. No. 4, the | ||
NE1/4 of Sur. No. 7, the NE1/4 of Sur. No. 8 and the NW1/4 of Sur. | ||
No. 9, Blk. No. 61-1/2, Public School Land Surveys, including all | ||
land that would normally inure to said surveys, and is situated at | ||
the county site. | ||
Beginning at an iron pipe at the NE corner of Sur. No. 4, Blk. | ||
No. 61-1/2 P. S. L.; | ||
Thence West 950 vrs with the North line of said Sur. No. 4, to | ||
the NW corner of the E1/2 of said survey, for a NW corner of this | ||
tract. | ||
Thence South at 1900 vrs, the SW corner of the E1/2 of said | ||
Sur. No. 4 and the NW corner of the NE1/4 of Sur. No. 7 and at 2850 | ||
vrs the SW corner of the NE1/4 of said Sur. No. 7, for a SW corner of | ||
this tract. | ||
Thence East 950 vrs to the SE corner of the NE1/4 of said Sur. | ||
No. 7 in the East line of said survey, for a corner of this tract. | ||
Thence North 950 vrs with the East line of said Sur. No. 7 to | ||
the NE corner of same, and the NW corner of Sur. No. 8, for a corner | ||
of this tract. | ||
Thence East 950 vrs with the North line of Sur. No. 8, to the | ||
NW corner of the NE1/4 of said survey for a corner of this tract. | ||
Thence South 950 vrs to the SW corner of the NE1/4 of said | ||
Sur. No. 8, for a corner of this tract. | ||
Thence East at 950 vrs the SE corner of the NE1/4 of said Sur. | ||
No. 8, and the SW corner of the NW1/4 of Sur. No. 9, and at 1900 vrs | ||
the SE corner of the NW1/4 of said Sur. No. 9, for the SE corner of | ||
this tract. | ||
Thence North at 950 vrs. the NE corner of the NW1/4 of said | ||
Sur. No. 9 and the SE corner of the W1/2 of Sur. No. 2, at 2850 vrs | ||
the NE corner of the W1/2 of said Sur. No. 2, Blk. No. 61-1/2 in the | ||
South line of Blk. No. 59, for a corner of this tract. | ||
Thence East 300 vrs with the South line of said Blk. No. 59, | ||
to the SE corner of the SW1/4 of Sur. No. 2, said Blk. No. 59 for a | ||
corner of this tract. | ||
Thence North 1427.5 vrs to the NE corner of the SW1/4 of said | ||
Sur. No. 2, for the NE corner of this tract. | ||
Thence West at 850 vrs the NW corner of the SW1/4 of said Sur. | ||
No. 2, and the NE corner of the S1/2 of Sur. No. 3, and at 2550 vrs | ||
the NW corner of the S1/2 of said Sur. No. 3, for a NW corner of this | ||
tract. | ||
Thence South 1427.5 vrs with the West line of said Sur. No. 3, | ||
to the SW corner of same, in the South line of Blk. No. 59 and the | ||
North line of Blk. No. 61-1/2, for a corner of this tract. | ||
Thence West 600 vrs with the North line of said Blk. No. | ||
61-1/2 to the place of beginning[ |
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ARTICLE 3. REPEALERS | ||
SECTION 3.01. SABINE PASS PORT AUTHORITY. The following | ||
statutes are repealed: | ||
(1) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, Chapter | ||
379, Acts of the 63rd Legislature, Regular Session, 1973; | ||
(2) Sections 2 and 3, Chapter 812, Acts of the 66th | ||
Legislature, Regular Session, 1979; and | ||
(3) Sections 2 and 3, Chapter 56, Acts of the 67th | ||
Legislature, Regular Session, 1981. | ||
SECTION 3.02. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES | ||
COUNTY, TEXAS. The following statutes are repealed: | ||
(1) Chapter 165, Acts of the 67th Legislature, Regular | ||
Session, 1981; | ||
(2) Chapter 397, Acts of the 68th Legislature, Regular | ||
Session, 1983; | ||
(3) Section 2, Chapter 469, Acts of the 74th | ||
Legislature, Regular Session, 1995; and | ||
(4) Sections 1, 2, 3, and 4, Chapter 1334, Acts of the | ||
78th Legislature, Regular Session, 2003. | ||
SECTION 3.03. ORANGE COUNTY NAVIGATION AND PORT DISTRICT OF | ||
ORANGE COUNTY, TEXAS. The following statutes are repealed: | ||
(1) Chapter 370, Acts of the 53rd Legislature, Regular | ||
Session, 1953; and | ||
(2) Sections 2, 3, 4, and 5, Chapter 80, Acts of the | ||
55th Legislature, Regular Session, 1957. | ||
SECTION 3.04. CHAMBERS-LIBERTY COUNTIES NAVIGATION | ||
DISTRICT. Chapter 1145, Acts of the 76th Legislature, Regular | ||
Session, 1999, is repealed. | ||
SECTION 3.05. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. | ||
319. Sections 1, 2, 4, 5, 6, 7, 8, 9, and 10, Chapter 787, Acts of | ||
the 69th Legislature, Regular Session, 1985, are repealed. | ||
SECTION 3.06. POLK COUNTY FRESH WATER SUPPLY DISTRICT NO. | ||
2. Sections 1, 2, and 4, Chapter 814, Acts of the 75th Legislature, | ||
Regular Session, 1997, are repealed. | ||
SECTION 3.07. LAKEWAY MUNICIPAL UTILITY DISTRICT. Chapter | ||
1272, Acts of the 75th Legislature, Regular Session, 1997, is | ||
repealed. | ||
SECTION 3.08. TANGLEWOOD FOREST LIMITED DISTRICT. Chapter | ||
675, Acts of the 74th Legislature, Regular Session, 1995, is | ||
repealed. | ||
SECTION 3.09. THE WOODLANDS METRO CENTER MUNICIPAL UTILITY | ||
DISTRICT. Chapter 322, Acts of the 72nd Legislature, Regular | ||
Session, 1991, is repealed. | ||
SECTION 3.10. BAYBROOK MUNICIPAL UTILITY DISTRICT NO. 1. | ||
Chapter 1386, Acts of the 77th Legislature, Regular Session, 2001, | ||
is repealed. | ||
SECTION 3.11. SULPHUR RIVER BASIN AUTHORITY. The following | ||
statutes are repealed: | ||
(1) Chapter 3, Acts of the 69th Legislature, 1st | ||
Called Session, 1985; and | ||
(2) Sections 15 and 17, Chapter 276, Acts of the 85th | ||
Legislature, Regular Session, 2017. | ||
SECTION 3.12. PALO DURO WATER DISTRICT. The following | ||
statutes are repealed: | ||
(1) Chapter 438, Acts of the 63rd Legislature, Regular | ||
Session, 1973; | ||
(2) Sections 6, 7, 8, and 9, Chapter 115, Acts of the | ||
64th Legislature, Regular Session, 1975; | ||
(3) Sections 5 and 6, Chapter 17, Acts of the 68th | ||
Legislature, Regular Session, 1983; | ||
(4) Sections 2, 3, and 4, Chapter 651, Acts of the 70th | ||
Legislature, Regular Session, 1987; and | ||
(5) Section 13, Chapter 1046, Acts of the 85th | ||
Legislature, Regular Session, 2017. | ||
SECTION 3.13. LIVE OAK UNDERGROUND WATER CONSERVATION | ||
DISTRICT. The following statutes are repealed: | ||
(1) Chapter 715, Acts of the 71st Legislature, Regular | ||
Session, 1989; | ||
(2) Sections 1, 2, 4, and 5, Chapter 305, Acts of the | ||
73rd Legislature, Regular Session, 1993; and | ||
(3) Section 5, Chapter 653, Acts of the 85th | ||
Legislature, Regular Session, 2017. | ||
SECTION 3.14. HEMPHILL COUNTY UNDERGROUND WATER | ||
CONSERVATION DISTRICT. The following statutes are repealed: | ||
(1) Chapter 157, Acts of the 74th Legislature, Regular | ||
Session, 1995; and | ||
(2) Section 6, Chapter 208, Acts of the 85th | ||
Legislature, Regular Session, 2017. | ||
SECTION 3.15. FORT BEND COUNTY WATER CONTROL AND | ||
IMPROVEMENT DISTRICT NO. 2. The following statutes are repealed: | ||
(1) Sections 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, | ||
15, 16, 17, 18, 19, 20, 21, and 22, Chapter 312, Acts of the 57th | ||
Legislature, Regular Session, 1961; | ||
(2) Chapter 381, Acts of the 61st Legislature, Regular | ||
Session, 1969; and | ||
(3) Sections 3, 4, and 5, Chapter 669, Acts of the 84th | ||
Legislature, Regular Session, 2015. | ||
SECTION 3.16. BELL COUNTY WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 5. The following statutes are repealed: | ||
(1) Chapter 226, Acts of the 56th Legislature, Regular | ||
Session, 1959; and | ||
(2) Chapter 227, Acts of the 56th Legislature, Regular | ||
Session, 1959. | ||
SECTION 3.17. FANNIN COUNTY WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 1. The following statutes are repealed: | ||
(1) Chapter 65, Acts of the 57th Legislature, Regular | ||
Session, 1961; and | ||
(2) Chapter 275, Acts of the 58th Legislature, Regular | ||
Session, 1963. | ||
SECTION 3.18. FORT HANCOCK WATER CONTROL AND IMPROVEMENT | ||
DISTRICT OF HUDSPETH COUNTY, TEXAS. Sections 1, 2, 3, 4, 6, 7, 8, 9, | ||
9a, 10, and 11, Chapter 78, Acts of the 57th Legislature, Regular | ||
Session, 1961, are repealed. | ||
SECTION 3.19. HALL AND DONLEY COUNTIES WATER CONTROL AND | ||
IMPROVEMENT DISTRICT NO. 1 OF HALL AND DONLEY COUNTIES. The | ||
following statutes are repealed: | ||
(1) Chapter 424, Acts of the 56th Legislature, Regular | ||
Session, 1959; and | ||
(2) Sections 1, 3, 4, 5, 6, and 7, Chapter 189, Acts of | ||
the 59th Legislature, Regular Session, 1965. | ||
SECTION 3.20. HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 1. Sections 1, 3, 4, 5, 6, and 7, Chapter 299, Acts of | ||
the 56th Legislature, Regular Session, 1959, are repealed. | ||
ARTICLE 4. GENERAL MATTERS | ||
SECTION 4.01. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE. | ||
This Act is enacted under Section 43, Article III, Texas | ||
Constitution. This Act is intended as a codification only, and no | ||
substantive change in the law is intended by this Act. This Act | ||
does not increase or decrease the territory of any special district | ||
of the state as those boundaries exist on the effective date of this | ||
Act. | ||
SECTION 4.02. PRESERVATION OF VALIDATION MADE BY PREVIOUS | ||
LAW. (a) The repeal of a law, including a validating law, by this | ||
Act does not remove, void, or otherwise affect in any manner a | ||
validation under the repealed law. The validation is preserved and | ||
continues to have the same effect that it would have if the law were | ||
not repealed. | ||
(b) Subsection (a) of this section does not diminish the | ||
saving provisions prescribed by Section 311.031, Government Code. | ||
SECTION 4.03. EFFECTIVE DATE. This Act takes effect April | ||
1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4172 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 140, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4172 was passed by the Senate on May | ||
21, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |