Law:Title 6. Water And Wastewater. Subtitle C. Special Utility Districts from Chapter 7211. San Jacinto Special Utility District (Texas)

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Subtitle C. Special Utility Districts

Contents

Chapter 7211. San Jacinto Special Utility District

For contingent expiration of this chapter, see Section 7211.003.


Subchapter A. General Provisions

Section 7211.001.  Definition.

In this chapter, "district" means the San Jacinto Special Utility District.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Section 7211.002.  Nature Of District.

The district is a special utility district in San Jacinto County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  The district is created to serve a public use and benefit.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Section 7211.003.  Confirmation Election Required.

If the creation of the district is not confirmed at a confirmation and initial directors' election held before September 1, 2009:

(1)  the district is dissolved on September 1, 2009, except that:

(A)  any debts of the district incurred shall be paid;

(B)  any assets of the district that remain after the payment of debts shall be transferred to San Jacinto County; and

(C)  the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and

(2)  this chapter expires September 1, 2012.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Section 7211.004.  Applicability Of Other Special Utility District Law.

Except as otherwise provided by this chapter, Chapters 49 and 65, Water Code, apply to the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Section 7211.005.  Initial District Territory.

(a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.

(b)  The boundaries and field notes contained in Section 2 of the Act creating this chapter 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 organization, existence, or validity of the district;

(2)  the right of the district to issue any type of bond, including a refunding bond, for a purpose for which the district is created or to pay the principal of and interest on a bond; or

(3)  the legality or operation of the district or the board of directors of the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Subchapter A-1. Temporary Provisions

For expiration of this subchapter, see Section 7211.024.


Section 7211.021.  Temporary Directors.

(a) The temporary board of directors of the district is composed of:

(1)  Billy Weaver;

(2)  Miller Thompson;

(3)  Chuck Mason;

(4)  Dennis Ready; and

(5)  Phil Runge.

(b)  Each temporary director shall qualify for office as provided by Section 49.055, Water Code.

(c)  If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy.  If at any time there are fewer than four qualified temporary directors, the Texas Commission on Environmental Quality shall appoint the necessary number of directors to fill all vacancies on the board.

(d)  Temporary directors serve until initial directors are elected under Section 7211.022.

(e)  As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall convene the organizational meeting of the district and elect officers from among the temporary directors.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Section 7211.022.  Confirmation And Initial Directors' Election.

(a) The temporary directors shall hold an election to confirm the creation of the district and to elect five initial directors in accordance with Chapters 49 and 65, Water Code, on or before September 1, 2009.

(b)  The temporary board of directors shall determine the method for determining the initial term of each person on the initial board of directors.  The terms must be clearly stated on the ballot for the confirmation and directors' election.

(c)  Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.

(d)  Initial directors serve until the first regularly scheduled election of directors under Subchapter C, Chapter 65, Water Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Section 7211.023.  Transfer Of Assets; Dissolution.

(a) If the district's creation is confirmed under Section 7211.022, the San Jacinto Water Supply Corporation shall transfer the assets, debts, and contractual rights and obligations of the corporation to the district.

(b)  Not later than the 30th day after the date of the transfer under Subsection (a), the board of directors of the San Jacinto Water Supply Corporation shall commence dissolution proceedings of the corporation.

(c)  On dissolution of the San Jacinto Water Supply Corporation, Certificate of Convenience and Necessity No. 10124 is considered to be held by the district.

(d)  The board of directors of the San Jacinto Water Supply Corporation shall notify the Texas Commission on Environmental Quality of the dissolution of the corporation and of the transfer of Certificate of Convenience and Necessity No. 10124 to the district.

(e)  On receipt of notice under Subsection (d), the Texas Commission on Environmental Quality shall note in its records that Certificate of Convenience and Necessity No. 10124 is held by the district and shall reissue the certificate in the name of the district without further application or notice.  A person does not have a right to protest or request an administrative review of the transfer prescribed by this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Section 7211.024. 

 EXPIRATION OF

Subchapter

. This subchapter expires September 1, 2012.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Subchapter B. Board Of Directors

Section 7211.051.  Directors.

The district is governed by a board of not fewer than five and not more than 11 directors.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Section 7211.052.  Qualifications For Directors.

Notwithstanding Section 65.102, Water Code, to be qualified to serve as a director, a person must be:

(1)  at least 18 years old;

(2)  a resident citizen of this state; and

(3)  either a user of the district facilities or a qualified voter of the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Subchapter C. Powers And Duties

Section 7211.101.  General Powers.

The district has all of the rights, powers, privileges, functions, and duties provided by the general law of this state, including Chapters 49 and 65, Water Code, applicable to special utility districts created under Section 59, Article XVI, Texas Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Section 7211.102.  Water Service Impact Fee.

(a) The district may charge a water service impact fee that is equal to the tap fee charged by the San Jacinto Water Supply Corporation on December 31, 2006, under that corporation's tariff.

(b)  Chapter 395, Local Government Code, does not apply to the initial water service impact fee set under this section.

(c)  The district may increase the water service impact fee only as provided by Chapter 395, Local Government Code, or as approved by the Texas Commission on Environmental Quality.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.



Section 7211.103.  Limit On Eminent Domain Power.

The district may not exercise the power of eminent domain to condemn, for sanitary sewer purposes, land, easements, or other property located outside the boundaries of the district.

Added by Acts 2007, 80th Leg., R.S., Ch. 528, Sec. 1, eff. June 16, 2007.


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