Law:Title 6. Water And Wastewater (Texas)

From Law Delta

Jump to: navigation, search

Subtitle X. Districts With Combined Powers

Contents

Chapter 11001. Road District Authority Of Bastrop County Water Control And Improvement District No. 2

Section  11001.001.  Definitions.

In this chapter:

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

(2)  "District" means the Bastrop County Water Control and Improvement District No. 2.

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



Section  11001.002.  Road District Powers And Duties.

(a) The district has all of the rights, powers, privileges, functions, responsibilities, and duties that general law grants a road district created under Section 52, Article III, Texas Constitution.

(b)  The board, within the district's boundaries, may exercise the powers that the commissioners court of a county may exercise under Chapter 257, Transportation Code, to the extent that chapter can be applied.

(c)  Repealed by Acts 2005, 79th Leg., Ch. 729, Sec. 2.02, eff.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

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  11001.003.  Master Plan Approval And Adoption.

(a) The district shall adopt a master plan for all road improvements.

(b)  The district shall submit the master plan to the governing bodies of the City of Bastrop and Bastrop County before the plan is adopted.

(c)  The district may not adopt the master plan until the plan is approved by the governing body of:

(1)  the City of Bastrop, for improvements to be made in the city's jurisdiction; and

(2)  Bastrop County, for improvements to be made in the county's jurisdiction.

(d)  Not later than the 61st day after the date the applicable governing body receives the master plan, the governing body shall review the plan and present the district with any proposed revisions necessary to obtain the governing body's approval of the plan.

(e)  The district shall review proposed plan revisions at a public hearing held for that purpose.

(f)  The district must adopt the master plan at a public hearing.

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



Section  11001.004.  Master Plan Content.

The master plan must include:

(1)  a map of the district boundaries that shows:

(A)  the proposed improvements; and

(B)  how the proposed improvements would connect to other entities' road and drainage systems; and

(2)  a written plan that contains:

(A)  general objectives for the proposed improvements;

(B)  the sequence of the improvements;

(C)  the estimated date of completion of each phase of the proposed improvements;

(D)  the estimated cost of each phase of the proposed improvements;

(E)  an analysis of the district's projected revenues compared with the projected costs; and

(F)  a proposed timetable for completion of the proposed improvements.

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



Section  11001.005.  Master Plan Implementation.

The district shall make all road improvements in accordance with the master plan.

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



Section  11001.006.  Master Plan Annual Hearing.

The district shall conduct an annual public hearing on revisions to the master plan to inform the public and provide opportunity for public comment.

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



Section 11001.007.  Monthly Charges.

(a) The board by resolution may impose a monthly charge in an amount not to exceed $15 for each developed or undeveloped lot, tract, or reserve in the district.

(a-1)  The board may not increase the monthly charge for a developed or undeveloped lot, tract, or reserve in the district by more than $3 in any calendar year.  The board may grant an exemption to an increase in the monthly charge to the owner of a lot, tract, or reserve in the district who:

(1)  is 65 years of age or older and who uses the lot, tract, or reserve as a residence; or

(2)  has been determined to have a disability by and has written documentation of the disability from the United States Social Security Administration or the United States Department of Veterans Affairs.

(b)  Money received from the monthly charge may be used only for:

(1)  constructing, maintaining, or repairing public streets or roadways in the district; or

(2)  purchasing equipment necessary to maintain or repair public streets or roadways in the district.

(c)  Of the money received under Subsection (a) each fiscal year:

(1)  not more than 10 percent may be used for administrative purposes; and

(2)  not less than 15 percent shall be used for road maintenance.

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 790, Sec. 1, eff. June 19, 2009.



Section  11001.008.  City Or County Approval Of Plans And Specifications.

(a) The district shall submit for the approval of the governing body of the City of Bastrop or Bastrop County, as appropriate, all road plans and specifications before the district begins construction.

(b)  The plans and specifications are considered approved if the governing body to which they are presented does not by resolution disapprove of them before the 22nd day after the date on which they are presented.

(c)  In reviewing plans or specifications for construction in a subdivision, the City of Bastrop or Bastrop County shall generally apply, as a minimum standard, the standard the city or county applied to review similar plans or specifications at the time the subdivision was created. If the plans or specifications exceed that minimum standard, the standard for approval shall be based on good engineering practices related to subjects such as vehicle and pedestrian safety, soil and terrain variables, watershed impacts, projected traffic use, and future maintenance requirements.

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



Section  11001.009.  Inspections, Sampling, And Testing.

(a) The City of Bastrop or Bastrop County may:

(1)  perform reasonable inspections, gather and test samples, and perform other testing; or

(2)  require the district or the contractor for the work to perform reasonable inspections, gather and test samples, and perform other testing.

(b)  The district may include the cost of inspecting, sampling, and testing in the bid specifications. If the district includes the costs in the bid specifications, the costs are allowable charges for spending road money.

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



Section  11001.010.  Conveyance Of Improvements.

(a) The district shall convey the completed improvements to the City of Bastrop or Bastrop County as appropriate.

(b)  If the improvements comply with the minimum standards the city or county, as applicable, prescribes for improvements in its jurisdiction, the city or county shall accept the improvements.

(c)  If the jurisdictions of the city and the county overlap, the more stringent standards apply.

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



Section  11001.011.  Additional Powers.

The district may:

(1)  select professional and consultant personnel for engineering, legal, and other necessary support services;

(2)  select and approve work contractors and subcontractors;

(3)  supervise road and drainage work in the district;

(4)  contract to carry out the improvements provided by the master plan, including contracting with a professional or contractor;

(5)  supervise the cost-effective use of district money allocated for permanent improvements; and

(6)  approve expenditures for necessary maintenance.

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



Section  11001.012.  Report To Certain Legislators.

The district annually shall present a report concerning road district activities to each state representative and each state senator who represents the area in the district's jurisdiction. The report must include:

(1)  information regarding the progress of work during the preceding year;

(2)  the amount of money spent during the preceding year;

(3)  any revisions to the master plan; and

(4)  a complete financial statement that lists all funds of the district and fund balances, expenditures, and interest earnings.

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



Section  11001.013.  Termination Of Road District Authority; Distribution Of District Money.

(a) The road district authority under this chapter terminates when:

(1)  all road improvements under the master plan are completed; and

(2)  the City of Bastrop or Bastrop County, as appropriate, has accepted all road improvements in the district.

(b)  On termination of the district's road district authority, the district shall give any money related to the district's road district authority that remains in the district's possession or control to the City of Bastrop or Bastrop County, as appropriate, for road maintenance in the district. The district shall send the money to the City of Bastrop or Bastrop County in the proportion that the number of miles of road improvements by the district accepted by the city or county bears to the total number of miles of road improvements by the district accepted by both the city and the county.

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

Chapter 11004. Goodwater Municipal Utility District No. 1

Subchapter A. General Provisions

Section 11004.001.  Definitions.

In this chapter:

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

(2)  "Director" means a board member.

(3)  "District" means the Goodwater Municipal Utility District No. 1.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.002.  Nature Of District.

The district is a combined powers district created under Section 59, Article XVI, Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.003.  Confirmation And Directors' Election Required.

The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.004.  Consent Of Municipality Required.

The temporary directors may not hold an election under Section 11004.003 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.005.  Findings Of Public Purpose  And Benefit.

(a) The district is created to serve a public purpose and benefit.

(b)  The district is created to accomplish the purposes of:

(1)  a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution;

(2)  Section 52, Article III, Texas Constitution, that relate 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)  Section 52-a, Article III, Texas Constitution, to promote, develop, encourage, and maintain employment, commerce, economic development, and the public welfare in the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.006.  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 the district's:

(1)  organization, existence, or validity;

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

(3)  right to impose a tax; or

(4)  legality or operation.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.007.  Relation To Other Law.

If any provision of the general law, including a provision incorporated by reference in this chapter, is in conflict or inconsistent with this chapter,  this chapter prevails.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.008.  Liberal Construction Of Chapter.

This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Subchapter B. Board Of Directors

Section 11004.051.  Governing Body; Terms.

(a) The district is governed by a board of five elected directors.

(b)  Except as provided by Section 11004.052, directors serve staggered four-year terms.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.052.  Temporary Directors.

(a) On or after the effective date of the Act creating this chapter, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as temporary directors the five persons named in the petition.  The commission shall appoint as temporary directors the five persons named in the petition.

(b)  Temporary directors serve until the earlier of:

(1)  the date permanent directors are elected under Section 11004.003; or

(2)  the fourth anniversary of the effective date of the Act creating this chapter.

(c)  If permanent directors have not been elected under Section 11004.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:

(1)  the date permanent directors are elected under Section 11004.003; or

(2)  the fourth anniversary of the date of the appointment or reappointment.

(d)  If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as successor temporary directors the five persons named in the petition.  The commission shall appoint as successor temporary directors the five persons named in the petition.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Subchapter C. Powers And Duties

Section 11004.101.  General Powers And Duties.

The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.102.  Municipal Utility District Powers And Duties.

The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.103.  Authority For Road Projects.

Under Section 52, Article III, Texas Constitution, 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.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.104.  Road Standards And Requirements.

(a) 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.

(b)  If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.

(c)  If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.105.  Street Repair And Maintenance.

(a) After the 10th anniversary of the effective date of the Act creating this chapter, the district, at the district's expense, shall repair and maintain any streets in the district.

(b)  A district's repair and maintenance of streets under this section must meet all applicable construction standards and regulations of the City of Georgetown and Williamson County.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.106.  Regional Waste Disposal Powers And Duties.

The district has the powers and duties applicable to a district under Chapter 30, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.107.  Wastewater Treatment Facility Design Approval.

The district must obtain the approval of the Brazos River Authority for the design of any district wastewater treatment facility.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.108.  Wastewater Service Providers.

Only the Brazos River Authority or a provider approved by the Brazos River Authority may provide wastewater service in the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.109.  Compliance With February 2005 Agreement.

The district shall comply with the terms of the "Agreement Regarding Sewer Services Areas and Customers" among the Lower Colorado River Authority, the Brazos River Authority, the City of Georgetown, the City of Liberty Hill, and the Chisholm Trail Special Utility District dated February 1, 2005.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.110.  Division Of District.

(a) The district may be divided into two or more new districts only if:

(1)  the district has no outstanding bonded debt; and

(2)  the district is not imposing ad valorem taxes.

(b)  This chapter applies to any new district created by the division of the district, and a new district has all the powers and duties of the district.

(c)  Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.

(d)  The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district.

(e)  The board may adopt an order dividing the district before or after the date the board holds an election under Section 11004.003 to confirm the district's creation.

(f)  An order dividing the district shall:

(1)  name each new district;

(2)  include the metes and bounds description of the territory of each new district;

(3)  appoint temporary directors for each new district or provide that the owner or owner of a majority of the assessed value of the real property in each new district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as temporary directors the five persons named in the petition; and

(4)  provide for the division of assets and liabilities between or among the new districts.

(g)  On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the commission and record the order in the real property records of each county in which the district is located.

(h)  Any new district created by the division of the district shall hold a confirmation and directors' election as required by Section 11004.003. A new district that is not confirmed is subject to dissolution under general laws.

(i)  Municipal consent to the creation of the district and to the inclusion of land in the district granted under Section 11004.004 acts as municipal consent to the creation of any new district created under this section and to the inclusion of land in the new district.

(j)  Any new district created by the division of the district must hold an election as required by this chapter to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.111.  Compliance With Municipal Consent Ordinance Or Resolution.

The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.112.  Libraries.

The district may exercise the powers of a library district under Chapter 326, Local Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.113.  Exercise Of Powers Of Development Corporation.

The district may exercise the powers of a development corporation under Chapter 505, Local Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.114.  Limitation On Use Of Eminent Domain.

The district may not exercise the power of eminent domain outside the district to acquire a site or easement for:

(1)  a road project authorized by Section 11004.103;  or

(2)  a recreational facility as defined by Section 49.462, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Subchapter D. General Financial Provisions

Section 11004.151.  Elections Regarding Taxes Or Bonds.

(a) The district may issue, without an election, bonds and other obligations secured by:

(1)  revenue other than ad valorem taxes;  or

(2)  contract payments described by Section 11004.153.

(b)  The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax, impose a sales or use tax, or issue bonds payable from ad valorem taxes.

(c)  The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.152.  Operation And Maintenance Tax.

(a) If authorized at an election held under Section 11004.151, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.

(b)  The board shall determine the tax rate.  The rate may not exceed the rate approved at the election.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.153.  Contract Taxes.

(a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.

(b)  A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Subchapter E. Bonds And Other Obligations

Section 11004.201.  Authority To Issue Bonds And Other Obligations.

The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.202.  Taxes For Bonds.

At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.



Section 11004.203.  Bonds For Road Projects.

At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.

Added by Acts 2009, 81st Leg., R.S., Ch. 1098, Sec. 1, eff. June 19, 2009.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox