Law:Title 6. Water And Wastewater. Subtitle I. Water Control And Improvement Districts from Chapter 9003. Aquilla-hackberry Creek Conservation District (Texas)

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Subtitle I. Water Control And Improvement Districts

Contents

Chapter 9003. Aquilla-hackberry Creek Conservation District

Subchapter A. General Provisions

Section  9003.001.  Definitions.

In this chapter:

(1)  "Board" means the board of directors of the district.

(2)  "District" means the Aquilla-Hackberry Creek Conservation District.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.002.  Nature Of District.

The district is a conservation and reclamation district and a political subdivision created under Section 59, Article XVI, Texas Constitution.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.003.  Legislative Declaration And Findings.

(a) The legislature declares that:

(1)  the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution; and

(2)  this chapter addresses a subject in which the state and general public are interested.

(b)  The legislature finds that:

(1)  all land included in the district will be benefited; and

(2)  the district is created to serve a public use and benefit.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.004.  District Territory.

The district is composed of the territory described by Section 3, Chapter 183, Acts of the 56th Legislature, Regular Session, 1959 (Article 8280-222, Vernon's Texas Civil Statutes), as that territory may have been modified under:

(1)  Subchapter O, Chapter 51, Water Code, before September 1, 1995;

(2)  Subchapter J, Chapter 49, Water Code; or

(3)  other law.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.005.  Liberal Construction Of Chapter.

This chapter shall be liberally construed to accomplish its purposes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter B. Administration

Section  9003.051.  Board.

The board consists of five directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.052.  Qualifications For Office.

A director of the district must be:

(1)  at least 21 years of age;

(2)  a resident of the state; and

(3)  the owner of taxable property in the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.053.  Bond.

Each director shall make bond in the amount of $5,000 for the faithful performance of the director's duties.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.054.  Order For Directors Election.

The election order for a directors election shall state the time, place, and purpose of the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.055.  Notice Of Election.

Notice of the directors election shall be published two times in a newspaper of general circulation in the district at least 30 days before the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.056.  Election Results.

(a) The candidate receiving the highest number of votes for a position shall be declared elected as a director of the district.

(b)  The board shall enter an order declaring the results of the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.057.  Petition.

(a) Any candidate for director may have the candidate's name printed on the ballot by submitting a petition signed by at least 25 persons qualified to vote at the election.

(b)  The petition must be presented to the secretary of the board not later than the 21st day before the date of the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.058.  Compensation.

(a) Unless the board by resolution increases the fee to an amount authorized by Section 49.060, Water Code, a director is entitled to receive an amount determined by the board, not to exceed $40 a day, for:

(1)  each day the director attends a meeting of the board; or

(2)  each day the director otherwise devotes to the business of the district.

(b)  A director is entitled to reimbursement for actual expenses incurred in attending to district business, provided the service and expense are expressly approved by the board.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.059.  Appointment Of Secretary And Treasurer.

The board shall appoint a secretary and a treasurer. The board may combine the offices of secretary and treasurer. The secretary or treasurer is not required to be a director.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.060.  Vote By Board President.

The president has the same right to vote as any other director.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.061.  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 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.062.  District Seal.

The board may adopt a seal for the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter C. Powers And Duties

Section  9003.101.  General Powers.

(a) The district has all the rights, powers, and privileges granted water control and improvement districts by:

(1)  Chapter 51, Water Code; and

(2)  other laws relating to water control and improvement districts.

(b)  Repealed by Acts 2005, 79th Leg., Ch. 729, Sec. 2.02, eff. April 1, 2007.

(c)  In addition to powers granted the district under other law, the district has the power to:

(1)  control, store, conserve, protect, distribute, and use the storm and flood waters in the district for all useful purposes permitted by law;

(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;

(3)  receive and accept technical and financial assistance from other districts or state agencies or from the United States to accomplish district purposes; and

(4)  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 purpose of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Amended by:

Acts 2005, 79th Leg., Ch. 729, Sec. 2.02, eff. April 1, 2007.



Section  9003.102.  Surveys; Engineering Investigations.

The board may conduct or provide for surveys and engineering investigations for district purposes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.103.  Expenditures.

The board may provide for the payment of expenditures considered essential to the proper maintenance of the district and its business.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.104.  Limitation On Eminent Domain.

The district's powers of eminent domain are limited to Hill and McLennan counties.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.105.  Cost Of Relocating Property.

If the district's exercise of eminent domain or of another power granted by this chapter makes necessary relocating, raising, rerouting, changing the grade of, or altering the construction of any highway, railroad, electric transmission line, telephone or telegraph properties and facilities, or pipeline, all the necessary relocating, raising, rerouting, changing of grade, or alteration of construction shall be accomplished at the sole expense of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Subchapter D. Taxes And Bonds

Section  9003.151.  Authority To Impose Tax; Tax Elections.

(a) If authorized at an election under Section 49.107, Water Code, the district may impose annual ad valorem taxes to provide funds:

(1)  necessary to construct or acquire, maintain, and operate works, plants, and facilities considered essential or beneficial to the district and its purposes; or

(2)  adequate to defray the cost of the maintenance, operation, and administration of the district.

(b)  Elections for the imposition of taxes shall be:

(1)  ordered by the board; and

(2)  held and conducted in the manner provided by general law relating to elections for the authorization of bonds of water control and improvement districts.

(c)  In calling an election for taxes authorized by Subsection (a), the board shall specify the maximum tax rate. A tax in excess of that amount may not be imposed without submitting the question of the increased rate to the voters.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.152.  Tax Lien.

All taxes imposed by the district for any purpose constitute a lien on the property taxed. Limitation does not bar the enforcement or collection of those taxes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.153.  Issuance Of Bonds.

(a) To accomplish district purposes, the board may borrow money and issue bonds in the manner provided by general law.

(b)  In the resolution authorizing the bonds, the district may set aside an amount from the bond proceeds for:

(1)  the payment of interest expected to accrue during construction; and

(2)  a reserve interest and sinking fund.

(c)  Bond proceeds may be used to pay all expenses necessarily incurred in accomplishing district purposes, including the expenses of issuing and selling the bonds.

(d)  Pending the use of bond proceeds for the purpose for which the bonds were issued, the board may invest the proceeds in obligations of or guaranteed by the United States.

(e)  Bonds payable wholly from the district's net revenue, from the proceeds of any water contracts, or from any source other than ad valorem taxes may be issued pursuant to a board resolution without a hearing or election. The resolution must be authorized by unanimous vote of all directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.



Section  9003.154.  Tax Status Of Bonds.

All bonds issued by the district, the transfer of the bonds, and the income from the bonds, including profits from the sale of the bonds, may not be taxed by the state or by any municipal corporation, county, or other political subdivision or taxing district of the state.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.


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