Bill Text: TX HB3281 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the nonsubstantive revision of certain local laws concerning special districts, including conforming amendments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-02 - Laid on the table subject to call [HB3281 Detail]
Download: Texas-2013-HB3281-Introduced.html
83R3809 JRJ-D | ||
By: Ritter | H.B. No. 3281 |
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relating to the nonsubstantive revision of certain local laws | ||
concerning special districts, including conforming amendments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. NONSUBSTANTIVE REVISION OF LOCAL LAWS | ||
SECTION 1.01. Subtitle A, Title 3, Special District Local | ||
Laws Code, is amended by adding Chapters 1075, 1076, 1087, 1096, | ||
1107, 1109, 1110, 1112, 1113, 1114, 1115, 1116, and 1117 to read as | ||
follows: | ||
CHAPTER 1075. STAMFORD HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1075.001. DEFINITIONS | ||
Sec. 1075.002. AUTHORITY FOR CREATION | ||
Sec. 1075.003. ESSENTIAL PUBLIC FUNCTION | ||
Sec. 1075.004. DISTRICT TERRITORY | ||
Sec. 1075.005. DISTRICT SUPPORT AND MAINTENANCE NOT | ||
STATE OBLIGATION | ||
Sec. 1075.006. RESTRICTION ON STATE FINANCIAL | ||
ASSISTANCE | ||
[Sections 1075.007-1075.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1075.051. BOARD ELECTION; TERM | ||
Sec. 1075.052. NOTICE OF ELECTION | ||
Sec. 1075.053. BALLOT PETITION | ||
Sec. 1075.054. QUALIFICATIONS FOR OFFICE | ||
Sec. 1075.055. BOND; RECORD OF BOND AND OATH | ||
Sec. 1075.056. BOARD VACANCY | ||
Sec. 1075.057. OFFICERS | ||
Sec. 1075.058. COMPENSATION; EXPENSES | ||
Sec. 1075.059. DISTRICT ADMINISTRATOR; ASSISTANT | ||
ADMINISTRATOR | ||
Sec. 1075.060. GENERAL DUTIES OF DISTRICT | ||
ADMINISTRATOR | ||
Sec. 1075.061. EMPLOYEES | ||
Sec. 1075.062. RETIREMENT PROGRAM | ||
[Sections 1075.063-1075.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1075.101. DISTRICT RESPONSIBILITY | ||
Sec. 1075.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT | ||
Sec. 1075.103. MANAGEMENT, CONTROL, AND ADMINISTRATION | ||
Sec. 1075.104. HOSPITAL SYSTEM | ||
Sec. 1075.105. RULES | ||
Sec. 1075.106. PURCHASING AND ACCOUNTING | ||
Sec. 1075.107. RATES AND CHARGES | ||
Sec. 1075.108. EMINENT DOMAIN | ||
Sec. 1075.109. GIFTS AND ENDOWMENTS | ||
Sec. 1075.110. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR CARE AND TREATMENT | ||
Sec. 1075.111. PAYMENT FOR TREATMENT; PROCEDURES | ||
Sec. 1075.112. AUTHORITY TO SUE AND BE SUED | ||
[Sections 1075.113-1075.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1075.151. BUDGET | ||
Sec. 1075.152. FISCAL YEAR | ||
Sec. 1075.153. AUDIT | ||
Sec. 1075.154. FINANCIAL REPORT | ||
Sec. 1075.155. DEPOSITORY | ||
Sec. 1075.156. AUTHORITY TO BORROW MONEY; SECURITY | ||
[Sections 1075.157-1075.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1075.201. GENERAL OBLIGATION BONDS | ||
Sec. 1075.202. TAX TO PAY GENERAL OBLIGATION BONDS | ||
Sec. 1075.203. GENERAL OBLIGATION BOND ELECTION | ||
Sec. 1075.204. EXECUTION OF GENERAL OBLIGATION BONDS | ||
Sec. 1075.205. REFUNDING BONDS | ||
Sec. 1075.206. BONDS EXEMPT FROM TAXATION | ||
[Sections 1075.207-1075.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1075.251. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1075.252. TAX RATE | ||
CHAPTER 1075. STAMFORD HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1075.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the Stamford Hospital District. | ||
(New.) | ||
Sec. 1075.002. AUTHORITY FOR CREATION. The Stamford | ||
Hospital District is created under the authority of Section 9, | ||
Article IX, Texas Constitution, and has the rights, powers, and | ||
duties prescribed by this chapter. (Acts 59th Leg., R.S., Ch. 108, | ||
Sec. 1 (part).) | ||
Sec. 1075.003. ESSENTIAL PUBLIC FUNCTION. The district | ||
performs an essential public function in carrying out the purposes | ||
of this chapter. (Acts 59th Leg., R.S., Ch. 108, Sec. 8 (part).) | ||
Sec. 1075.004. DISTRICT TERRITORY. The district is | ||
composed of the territory described by Section 1a, Chapter 108, | ||
Acts of the 59th Legislature, Regular Session, 1965, as amended by | ||
Section 1, Chapter 563, Acts of the 63rd Legislature, Regular | ||
Session, 1973. (New.) | ||
Sec. 1075.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE | ||
OBLIGATION. The support and maintenance of the district may not | ||
become a charge against or obligation of this state. (Acts 59th | ||
Leg., R.S., Ch. 108, Sec. 18 (part).) | ||
Sec. 1075.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. | ||
The legislature may not make a direct appropriation for the | ||
construction, maintenance, or improvement of a district facility. | ||
(Acts 59th Leg., R.S., Ch. 108, Sec. 18 (part).) | ||
[Sections 1075.007-1075.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1075.051. BOARD ELECTION; TERM. (a) The board | ||
consists of seven elected directors. | ||
(b) Directors serve staggered two-year terms unless | ||
four-year terms are established under Section 285.081, Health and | ||
Safety Code. | ||
(c) The election order must state the time, place, and | ||
purpose of the election. (Acts 59th Leg., R.S., Ch. 108, Sec. 4 | ||
(part).) | ||
Sec. 1075.052. NOTICE OF ELECTION. At least five days | ||
before the date of a directors' election, notice of the election | ||
must be published one time in a newspaper of general circulation in | ||
the district. (Acts 59th Leg., R.S., Ch. 108, Sec. 4 (part).) | ||
Sec. 1075.053. BALLOT PETITION. A person who wants to have | ||
the person's name printed on the ballot as a candidate for director | ||
must file with the board secretary a petition requesting that | ||
action. The petition must be: | ||
(1) signed by at least 10 registered voters; and | ||
(2) filed by the deadline imposed by Section 144.005, | ||
Election Code. (Acts 59th Leg., R.S., Ch. 108, Sec. 4 (part).) | ||
Sec. 1075.054. QUALIFICATIONS FOR OFFICE. To be eligible | ||
to hold office as a director, a person must be a resident | ||
property-owning taxpaying voter of the district. (Acts 59th Leg., | ||
R.S., Ch. 108, Sec. 4 (part).) | ||
Sec. 1075.055. BOND; RECORD OF BOND AND OATH. (a) Each | ||
director shall execute a good and sufficient bond for $1,000 that | ||
is: | ||
(1) payable to the district; and | ||
(2) conditioned on the faithful performance of the | ||
director's duties. | ||
(b) Each director's bond and constitutional oath of office | ||
shall be deposited with the district's depository bank for | ||
safekeeping. (Acts 59th Leg., R.S., Ch. 108, Sec. 4 (part).) | ||
Sec. 1075.056. BOARD VACANCY. If a vacancy occurs in the | ||
office of director, the remaining directors by majority vote shall | ||
appoint a director for the unexpired term. (Acts 59th Leg., R.S., | ||
Ch. 108, Sec. 4 (part).) | ||
Sec. 1075.057. OFFICERS. (a) The board shall elect from | ||
among its members a president, vice president, secretary, and other | ||
officers as in the judgment of the board are necessary. | ||
(b) The president is the chief executive officer of the | ||
district and has the same right to vote as any other director. | ||
(c) If the president is absent or fails and declines to act, | ||
the vice president shall perform the president's duties and | ||
exercise the president's powers under this chapter. (Acts 59th | ||
Leg., R.S., Ch. 108, Sec. 4 (part).) | ||
Sec. 1075.058. COMPENSATION; EXPENSES. A director is not | ||
entitled to compensation but is entitled to receive actual expenses | ||
incurred in attending to district business on approval of the | ||
expenses by the remainder of the board. (Acts 59th Leg., R.S., Ch. | ||
108, Sec. 4 (part).) | ||
Sec. 1075.059. DISTRICT ADMINISTRATOR; ASSISTANT | ||
ADMINISTRATOR. (a) The board shall appoint a qualified person as | ||
district administrator. | ||
(b) The board may appoint an assistant administrator. | ||
(c) The district administrator and assistant administrator | ||
serve at the will of the board and shall receive the compensation | ||
determined by the board. | ||
(d) On assuming the duties of district administrator, the | ||
administrator shall execute a bond payable to the district in an | ||
amount set by the board of not less than $10,000 that: | ||
(1) is conditioned on the administrator performing the | ||
administrator's duties; and | ||
(2) contains any other condition the board requires. | ||
(Acts 59th Leg., R.S., Ch. 108, Sec. 5 (part).) | ||
Sec. 1075.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. | ||
Subject to any limitations prescribed by the board, the district | ||
administrator shall: | ||
(1) supervise the work and activities of the district; | ||
and | ||
(2) direct the affairs of the district. (Acts 59th | ||
Leg., R.S., Ch. 108, Sec. 5 (part).) | ||
Sec. 1075.061. EMPLOYEES. The board may employ any | ||
doctors, technicians, nurses, and other employees as considered | ||
necessary for the efficient operation of the district or may | ||
provide that the district administrator has the authority to employ | ||
those persons. (Acts 59th Leg., R.S., Ch. 108, Sec. 5 (part).) | ||
Sec. 1075.062. RETIREMENT PROGRAM. The board may enter | ||
into any contract or agreement with this state or the federal | ||
government as required to establish or continue a retirement | ||
program for the benefit of the district's employees. (Acts 59th | ||
Leg., R.S., Ch. 108, Sec. 5 (part).) | ||
[Sections 1075.063-1075.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1075.101. DISTRICT RESPONSIBILITY. The district has | ||
full responsibility for: | ||
(1) operating all hospital facilities for providing | ||
medical and hospital care of indigent persons in the district; and | ||
(2) providing medical and hospital care for the | ||
district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 108, | ||
Secs. 2 (part), 17 (part).) | ||
Sec. 1075.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT. A political subdivision located within the | ||
district may not impose a tax or issue bonds or other obligations | ||
for hospital purposes or for medical treatment of indigent persons | ||
in the district. (Acts 59th Leg., R.S., Ch. 108, Sec. 17 (part).) | ||
Sec. 1075.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. | ||
The board shall manage, control, and administer the district's | ||
hospitals and hospital system. (Acts 59th Leg., R.S., Ch. 108, Sec. | ||
5 (part).) | ||
Sec. 1075.104. HOSPITAL SYSTEM. The district shall provide | ||
for: | ||
(1) the establishment of a hospital or hospital system | ||
by: | ||
(A) purchasing, constructing, acquiring, | ||
repairing, or renovating buildings and improvements; and | ||
(B) equipping the buildings and improvements; | ||
and | ||
(2) the administration of the hospital or hospital | ||
system for hospital purposes. (Acts 59th Leg., R.S., Ch. 108, Sec. 2 | ||
(part).) | ||
Sec. 1075.105. RULES. The board may adopt rules for the | ||
operation of the district and as required to administer this | ||
chapter. (Acts 59th Leg., R.S., Ch. 108, Secs. 5 (part), 9 (part).) | ||
Sec. 1075.106. PURCHASING AND ACCOUNTING. The board may | ||
prescribe: | ||
(1) the method and manner of making purchases and | ||
expenditures by and for the district; and | ||
(2) all accounting and control procedures. (Acts 59th | ||
Leg., R.S., Ch. 108, Sec. 9 (part).) | ||
Sec. 1075.107. RATES AND CHARGES. The board shall | ||
prescribe the rates and charges for: | ||
(1) services; | ||
(2) supplies; and | ||
(3) the use of hospital facilities. (Acts 59th Leg., | ||
R.S., Ch. 108, Sec. 14 (part).) | ||
Sec. 1075.108. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain to acquire a fee simple or | ||
other interest in any type of property located in district | ||
territory if the interest is necessary or convenient to a power, | ||
right, or privilege conferred by this chapter. | ||
(b) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code. (Acts 59th | ||
Leg., R.S., Ch. 108, Sec. 12.) | ||
Sec. 1075.109. GIFTS AND ENDOWMENTS. The board may accept | ||
for the district a gift or endowment to be held in trust and | ||
administered by the board for the purposes and under the | ||
directions, limitations, or other provisions prescribed in writing | ||
by the donor that are not inconsistent with the proper management | ||
and objectives of the district. (Acts 59th Leg., R.S., Ch. 108, | ||
Sec. 15.) | ||
Sec. 1075.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
CARE AND TREATMENT. The board may contract with: | ||
(1) any county or municipality located outside the | ||
district for the care and treatment of a sick or injured person of | ||
that county or municipality; and | ||
(2) this state or a federal agency for the treatment of | ||
a sick or injured person for whom this state or the federal | ||
government is responsible. (Acts 59th Leg., R.S., Ch. 108, Sec. 5 | ||
(part).) | ||
Sec. 1075.111. PAYMENT FOR TREATMENT; PROCEDURES. (a) | ||
When a patient who resides in the district is admitted to a district | ||
facility, the district administrator shall have an inquiry made | ||
into the circumstances of: | ||
(1) the patient; and | ||
(2) the patient's relatives legally liable for the | ||
patient's support. | ||
(b) If the district administrator determines that the | ||
patient or those relatives cannot pay for all or part of the | ||
patient's care and treatment in the hospital, the amount that | ||
cannot be paid becomes a charge against the district. | ||
(c) If the district administrator determines that the | ||
patient or those relatives can pay for all or part of the patient's | ||
care and treatment, the patient or those relatives shall be ordered | ||
to pay the district a specified amount each week for the patient's | ||
support. The amount ordered must be proportionate to their | ||
financial ability and may not exceed the actual per capita cost of | ||
maintenance. | ||
(d) The district administrator may collect the amount from | ||
the patient's estate, or from those relatives legally liable for | ||
the patient's support, in the manner provided by law for the | ||
collection of expenses of the last illness of a deceased person. | ||
(e) If there is a dispute as to the ability to pay, or doubt | ||
in the mind of the district administrator, the board shall hold a | ||
hearing and, after calling witnesses, shall: | ||
(1) resolve the dispute or doubt; and | ||
(2) issue any appropriate orders. (Acts 59th Leg., | ||
R.S., Ch. 108, Sec. 14 (part).) | ||
Sec. 1075.112. AUTHORITY TO SUE AND BE SUED. The district, | ||
through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch. | ||
108, Sec. 5 (part).) | ||
[Sections 1075.113-1075.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1075.151. BUDGET. (a) The district administrator | ||
shall prepare for approval by the board an annual budget that | ||
corresponds to the district's fiscal year. | ||
(b) Not later than August 31 of each year, the board shall | ||
publish notice of a public hearing on the proposed budget. The | ||
notice must be published in a newspaper of general circulation in | ||
the district one time at least 10 days before the date of the | ||
hearing. (Acts 59th Leg., R.S., Ch. 108, Secs. 6 (part), 16.) | ||
Sec. 1075.152. FISCAL YEAR. The district shall operate on a | ||
fiscal year that begins on October 1 and ends on September 30. | ||
(Acts 59th Leg., R.S., Ch. 108, Sec. 6 (part).) | ||
Sec. 1075.153. AUDIT. (a) The district shall have an audit | ||
made of the district's financial condition. | ||
(b) The audit shall be open to inspection at all times at the | ||
district's principal office. (Acts 59th Leg., R.S., Ch. 108, Sec. 6 | ||
(part).) | ||
Sec. 1075.154. FINANCIAL REPORT. As soon as practicable | ||
after the close of each fiscal year, the district administrator | ||
shall prepare for the board: | ||
(1) a complete sworn statement of all district money; | ||
and | ||
(2) a complete account of the disbursements of that | ||
money. (Acts 59th Leg., R.S., Ch. 108, Sec. 6 (part).) | ||
Sec. 1075.155. DEPOSITORY. (a) The board shall select one | ||
or more banks in the district to serve as a depository for district | ||
money. | ||
(b) All district money shall be immediately deposited on | ||
receipt with a depository bank, except that sufficient money must | ||
be remitted to an appropriate bank to pay the principal of and | ||
interest on the district's outstanding bonds on or before the | ||
maturity date of the principal and interest. | ||
(c) To the extent that money in a depository 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) Membership on the district's board of an officer or | ||
director of a bank does not disqualify the bank from being | ||
designated as depository. (Acts 59th Leg., R.S., Ch. 108, Sec. 10.) | ||
Sec. 1075.156. AUTHORITY TO BORROW MONEY; SECURITY. (a) | ||
The board may borrow money from a federally insured lending | ||
institution or make other financial arrangements for district | ||
operating expenses or other authorized obligations. | ||
(b) The board may borrow money in an amount and subject to a | ||
rate of interest and other terms the board finds appropriate. | ||
(c) To secure a loan, the board may pledge: | ||
(1) district revenue that is not pledged to pay the | ||
district's bonded indebtedness; or | ||
(2) property acquired with borrowed money that is not | ||
pledged to pay the district's bonded indebtedness. | ||
(d) A loan for which district revenue is pledged must mature | ||
not later than the fifth anniversary of the date the loan is made. | ||
(e) The district must provide for the payment of all | ||
district debts and obligations before dissolution. (Acts 59th | ||
Leg., R.S., Ch. 108, Sec. 17a, as added Acts 74th Leg., R.S., Ch. | ||
52, Sec. 1, and amended Acts 76th Leg., R.S., Ch. 1566, Sec. 1.) | ||
[Sections 1075.157-1075.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1075.201. GENERAL OBLIGATION BONDS. (a) The board may | ||
issue and sell general obligation bonds in the name and on the faith | ||
and credit of the district for any purpose related to the purchase, | ||
construction, acquisition, repair, or renovation of buildings and | ||
improvements, and equipping buildings and improvements for a | ||
hospital and the hospital system, as determined by the board. | ||
(b) The board shall issue the bonds in compliance with the | ||
applicable provisions of Subtitles A and C, Title 9, Government | ||
Code. (Acts 59th Leg., R.S., Ch. 108, Sec. 7 (part).) | ||
Sec. 1075.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At | ||
the time general obligation bonds are issued by the district, the | ||
board shall impose an ad valorem tax at a rate sufficient to create | ||
an interest and sinking fund and to pay the principal of and | ||
interest on the bonds as the bonds mature. | ||
(b) The tax required by this section together with any other | ||
ad valorem tax the district imposes may not in any year exceed 75 | ||
cents on each $100 valuation of taxable property in the district. | ||
(Acts 59th Leg., R.S., Ch. 108, Sec. 7 (part).) | ||
Sec. 1075.203. GENERAL OBLIGATION BOND ELECTION. (a) The | ||
district may issue general obligation bonds only if the bonds are | ||
authorized by a majority of the district voters voting at an | ||
election held for that purpose. | ||
(b) The board shall call the election. The election must be | ||
held in accordance with Chapter 1251, Government Code. | ||
(c) The bond election order must specify: | ||
(1) the date of the election; | ||
(2) the location of the polling places; | ||
(3) the presiding election officers; | ||
(4) the amount of the bonds to be authorized; | ||
(5) the maximum maturity of the bonds; and | ||
(6) the maximum interest rate of the bonds. (Acts 59th | ||
Leg., R.S., Ch. 108, Sec. 7 (part).) | ||
Sec. 1075.204. EXECUTION OF GENERAL OBLIGATION BONDS. The | ||
board president shall execute the general obligation bonds in the | ||
district's name, and the board secretary shall attest the bonds as | ||
provided by Chapter 618, Government Code. (Acts 59th Leg., R.S., | ||
Ch. 108, Sec. 7 (part).) | ||
Sec. 1075.205. REFUNDING BONDS. (a) District refunding | ||
bonds may, without an election, be issued to refund any bonds or | ||
other refundable indebtedness issued by the district. | ||
(b) A refunding bond may be: | ||
(1) sold, with the proceeds of the refunding bond | ||
applied to the payment of the outstanding bonds or other refundable | ||
indebtedness; or | ||
(2) exchanged wholly or partly for not less than a | ||
similar principal amount of the outstanding bonds or other | ||
refundable indebtedness. (Acts 59th Leg., R.S., Ch. 108, Sec. 7 | ||
(part).) | ||
Sec. 1075.206. BONDS EXEMPT FROM TAXATION. The following | ||
are exempt from taxation by this state or a political subdivision of | ||
this state: | ||
(1) bonds issued by the district; | ||
(2) the transfer and issuance of the bonds; and | ||
(3) any profits made in the sale of the bonds. (Acts | ||
59th Leg., R.S., Ch. 108, Sec. 8 (part).) | ||
[Sections 1075.207-1075.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1075.251. IMPOSITION OF AD VALOREM TAX. (a) The board | ||
may impose a tax on all taxable property in the district subject to | ||
district taxation. | ||
(b) The tax may be used to meet the requirements of district | ||
bonds and for the district's maintenance and operating expenses. | ||
(Acts 59th Leg., R.S., Ch. 108, Sec. 3a (part).) | ||
Sec. 1075.252. TAX RATE. The district may impose the tax at | ||
a rate not to exceed 75 cents on each $100 valuation of taxable | ||
property in the district. (Acts 59th Leg., R.S., Ch. 108, Sec. 3a | ||
(part).) | ||
CHAPTER 1076. STARR COUNTY HOSPITAL DISTRICT | ||
OF STARR COUNTY, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1076.001. DEFINITIONS | ||
Sec. 1076.002. AUTHORITY FOR CREATION | ||
Sec. 1076.003. POLITICAL SUBDIVISION | ||
Sec. 1076.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 1076.005. DISTRICT TERRITORY | ||
[Sections 1076.006-1076.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1076.051. BOARD ELECTION; TERM | ||
Sec. 1076.052. NOTICE OF ELECTION | ||
Sec. 1076.053. QUALIFICATIONS FOR OFFICE | ||
Sec. 1076.054. BOND | ||
Sec. 1076.055. BOARD VACANCY | ||
Sec. 1076.056. OFFICERS; DUTIES; ABSENCE OF PRESIDENT | ||
OR SECRETARY | ||
Sec. 1076.057. COMPENSATION; EXPENSES | ||
Sec. 1076.058. DISTRICT ADMINISTRATOR; ASSISTANT | ||
ADMINISTRATOR | ||
Sec. 1076.059. GENERAL DUTIES OF DISTRICT | ||
ADMINISTRATOR | ||
Sec. 1076.060. APPOINTMENT AND REMOVAL OF MEDICAL | ||
STAFF AND EMPLOYEES | ||
Sec. 1076.061. RECRUITMENT OF MEDICAL STAFF AND | ||
EMPLOYEES | ||
Sec. 1076.062. HEALTH CARE EDUCATIONAL PROGRAMS | ||
Sec. 1076.063. RETIREMENT BENEFITS | ||
[Sections 1076.064-1076.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1076.101. DISTRICT RESPONSIBILITY | ||
Sec. 1076.102. MANAGEMENT, CONTROL, AND ADMINISTRATION | ||
Sec. 1076.103. HOSPITAL SYSTEM | ||
Sec. 1076.104. RULES | ||
Sec. 1076.105. PURCHASING AND ACCOUNTING | ||
Sec. 1076.106. DISTRICT PROPERTY, FACILITIES, AND | ||
EQUIPMENT | ||
Sec. 1076.107. EMINENT DOMAIN | ||
Sec. 1076.108. GIFTS, GRANTS, AND ENDOWMENTS | ||
Sec. 1076.109. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR CARE AND TREATMENT | ||
Sec. 1076.110. CONTRACTS FOR SERVICES | ||
Sec. 1076.111. PROVISION OF CERTAIN HEALTH SERVICES | ||
Sec. 1076.112. PAYMENT FOR TREATMENT; PROCEDURES | ||
Sec. 1076.113. NONPROFIT CORPORATION | ||
[Sections 1076.114-1076.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1076.151. BUDGET | ||
Sec. 1076.152. PROPOSED BUDGET: NOTICE AND HEARING | ||
Sec. 1076.153. FISCAL YEAR | ||
Sec. 1076.154. ANNUAL AUDIT | ||
Sec. 1076.155. FINANCIAL REPORT | ||
Sec. 1076.156. PROJECTS AND PURCHASES EXEMPT FROM | ||
ASSESSMENT OR TAXATION | ||
Sec. 1076.157. DEPOSITORY | ||
Sec. 1076.158. AUTHORITY TO BORROW MONEY; SECURITY | ||
Sec. 1076.159. INVESTMENT OF DISTRICT MONEY | ||
[Sections 1076.160-1076.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1076.201. GENERAL OBLIGATION BONDS | ||
Sec. 1076.202. TAX TO PAY GENERAL OBLIGATION BONDS | ||
Sec. 1076.203. GENERAL OBLIGATION BOND ELECTION | ||
Sec. 1076.204. EXECUTION OF GENERAL OBLIGATION BONDS | ||
Sec. 1076.205. REVENUE BONDS | ||
Sec. 1076.206. REFUNDING BONDS | ||
Sec. 1076.207. MATURITY OF BONDS | ||
Sec. 1076.208. ADDITIONAL MEANS OF SECURING REPAYMENT | ||
OF BONDS | ||
Sec. 1076.209. USE OF BOND PROCEEDS | ||
Sec. 1076.210. BONDS EXEMPT FROM TAXATION | ||
[Sections 1076.211-1076.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1076.251. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1076.252. TAX RATE | ||
Sec. 1076.253. TAX ASSESSOR-COLLECTOR | ||
[Sections 1076.254-1076.300 reserved for expansion] | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 1076.301. DISSOLUTION; ELECTION | ||
Sec. 1076.302. NOTICE OF ELECTION | ||
Sec. 1076.303. BALLOT | ||
Sec. 1076.304. ELECTION RESULTS | ||
Sec. 1076.305. TRANSFER OR ADMINISTRATION OF ASSETS | ||
Sec. 1076.306. IMPOSITION OF TAX AND RETURN OF SURPLUS | ||
TAXES | ||
Sec. 1076.307. REPORT; DISSOLUTION ORDER | ||
CHAPTER 1076. STARR COUNTY HOSPITAL DISTRICT | ||
OF STARR COUNTY, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1076.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of trustees of the | ||
district. | ||
(2) "District" means the Starr County Hospital | ||
District of Starr County, Texas. | ||
(3) "Trustee" means a member of the board. (Acts 63rd | ||
Leg., R.S., Ch. 118, Sec. 1 (part); New.) | ||
Sec. 1076.002. AUTHORITY FOR CREATION. The Starr County | ||
Hospital District of Starr County, Texas, is created under the | ||
authority of Section 9, Article IX, Texas Constitution. (Acts 63rd | ||
Leg., R.S., Ch. 118, Sec. 1 (part).) | ||
Sec. 1076.003. POLITICAL SUBDIVISION. The district is a | ||
political subdivision of this state. (Acts 63rd Leg., R.S., Ch. | ||
118, Sec. 12 (part).) | ||
Sec. 1076.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
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. | ||
(b) The district is a governmental agency performing an | ||
essential public function under the constitution in carrying out | ||
the purposes of this chapter. (Acts 63rd Leg., R.S., Ch. 118, Secs. | ||
12 (part), 13 (part).) | ||
Sec. 1076.005. DISTRICT TERRITORY. The boundaries of the | ||
district are coextensive with the boundaries of Starr County, | ||
Texas, including all "cut over" or "banco" land on the north side of | ||
the Rio Grande River. (Acts 63rd Leg., R.S., Ch. 118, Sec. 1 | ||
(part).) | ||
[Sections 1076.006-1076.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1076.051. BOARD ELECTION; TERM. (a) A board of five | ||
trustees shall exercise the powers of the district. | ||
(b) One trustee is elected from each commissioners precinct | ||
and one trustee is elected from the district at large by a majority | ||
of district voters. | ||
(c) Unless four-year terms are established under Section | ||
285.081, Health and Safety Code: | ||
(1) trustees serve two-year terms; | ||
(2) trustees who represent odd-numbered precincts and | ||
the trustee elected at large are elected in odd-numbered years; | ||
(3) trustees who represent even-numbered precincts | ||
are elected in even-numbered years; and | ||
(4) a trustee's election shall be held each year on the | ||
May uniform election date prescribed by Section 41.001, Election | ||
Code, or another date authorized by law. (Acts 63rd Leg., R.S., Ch. | ||
118, Secs. 4(a) (part), (c) (part).) | ||
Sec. 1076.052. NOTICE OF ELECTION. Notice of a trustees' | ||
election shall be published in a newspaper of general circulation | ||
in the district in accordance with Section 4.003, Election Code. | ||
(Acts 63rd Leg., R.S., Ch. 118, Sec. 4(c) (part).) | ||
Sec. 1076.053. QUALIFICATIONS FOR OFFICE. To qualify for | ||
election as a trustee, a person must: | ||
(1) be at least 18 years of age; | ||
(2) have been a resident of the district for at least | ||
two years; | ||
(3) have been a resident of the commissioners precinct | ||
from which the person is to be elected for at least two years, | ||
unless the person is running at large; and | ||
(4) be a qualified voter. (Acts 63rd Leg., R.S., Ch. | ||
118, Sec. 4(a) (part).) | ||
Sec. 1076.054. BOND. (a) Each trustee shall execute a good | ||
and sufficient commercial bond for $1,000 that is: | ||
(1) payable to the district; and | ||
(2) conditioned on the faithful performance of the | ||
trustee's duties. | ||
(b) The district may pay for a trustee's bond with district | ||
money. (Acts 63rd Leg., R.S., Ch. 118, Sec. 4(a) (part).) | ||
Sec. 1076.055. BOARD VACANCY. If a vacancy occurs on the | ||
board, the majority of remaining trustees shall appoint a trustee | ||
for the unexpired term. (Acts 63rd Leg., R.S., Ch. 118, Sec. 4(c) | ||
(part).) | ||
Sec. 1076.056. OFFICERS; DUTIES; ABSENCE OF PRESIDENT OR | ||
SECRETARY. (a) The board shall elect from among its members a | ||
president, vice president, and secretary, and other officers as in | ||
the judgment of the board are necessary. | ||
(b) The president shall preside over district meetings and | ||
has the same right to vote as any other trustee. | ||
(c) If the president is absent or fails or declines to act, | ||
the vice president shall perform the president's duties and | ||
exercise the president's powers under this chapter. | ||
(d) The secretary: | ||
(1) shall keep and sign the minutes of the board | ||
meetings; and | ||
(2) is the custodian of the district's minutes and | ||
records. | ||
(e) If the secretary is absent from a board meeting, the | ||
board shall name a secretary pro tem for the meeting who may: | ||
(1) exercise all the duties and powers of the | ||
secretary for the meeting; and | ||
(2) sign the minutes of the meeting. (Acts 63rd Leg., | ||
R.S., Ch. 118, Sec. 4(d).) | ||
Sec. 1076.057. COMPENSATION; EXPENSES. A trustee serves | ||
without compensation but may be reimbursed for actual expenses | ||
incurred in the performance of official duties on approval of the | ||
expenses by the board. (Acts 63rd Leg., R.S., Ch. 118, Sec. 4(a) | ||
(part).) | ||
Sec. 1076.058. DISTRICT ADMINISTRATOR; ASSISTANT | ||
ADMINISTRATOR. (a) The board may appoint a qualified person as | ||
district administrator. | ||
(b) The board may appoint an assistant administrator. | ||
(c) The district administrator and any assistant | ||
administrator serve at the will of the board and shall receive the | ||
compensation determined by the board. | ||
(d) On assuming the duties of district administrator, the | ||
administrator shall execute a bond payable to the district in an | ||
amount set by the board that: | ||
(1) is conditioned on the administrator performing the | ||
administrator's duties; and | ||
(2) contains other conditions the board may require. | ||
(e) On assuming the duties of assistant administrator, the | ||
assistant administrator shall execute a bond payable to the | ||
district in an amount set by the board that: | ||
(1) is conditioned on the assistant administrator | ||
performing the assistant administrator's duties; and | ||
(2) contains other conditions the board may require. | ||
(Acts 63rd Leg., R.S., Ch. 118, Sec. 5(b) (part).) | ||
Sec. 1076.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. | ||
Subject to the limitations prescribed by the board, the district | ||
administrator shall: | ||
(1) supervise the work and activities of the district; | ||
and | ||
(2) direct the affairs of the district. (Acts 63rd | ||
Leg., R.S., Ch. 118, Sec. 5(b) (part).) | ||
Sec. 1076.060. APPOINTMENT AND REMOVAL OF MEDICAL STAFF AND | ||
EMPLOYEES. (a) The board may appoint any doctors to its medical | ||
staff and employ any technicians, nurses, and other employees as | ||
considered necessary for the efficient operation of the district or | ||
may provide that the district administrator has the authority to | ||
employ those persons. | ||
(b) The board may make temporary appointments the board | ||
considers necessary. | ||
(c) The board may, after due process, remove from the | ||
medical staff any doctor whose removal the board considers | ||
necessary for the efficient operation of the district. (Acts 63rd | ||
Leg., R.S., Ch. 118, Sec. 5(c).) | ||
Sec. 1076.061. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. | ||
The board may use district money, enter into agreements, and take | ||
other necessary action to recruit or otherwise obtain physicians | ||
and other personnel for the district's medical staff or for | ||
employment with the district, including: | ||
(1) advertising and marketing; | ||
(2) paying recruitment expenses; | ||
(3) paying travel and relocation expenses; | ||
(4) providing a guarantee, subsidy, loan, or | ||
scholarship; | ||
(5) sharing personnel; and | ||
(6) authorizing a physician to use space in a district | ||
facility or providing a rent subsidy to a physician. (Acts 63rd | ||
Leg., R.S., Ch. 118, Sec. 4(e).) | ||
Sec. 1076.062. HEALTH CARE EDUCATIONAL PROGRAMS. The board | ||
may use district money, enter into agreements, and take other | ||
necessary action to conduct, participate in, or assist health care | ||
educational programs for the public and for current or potential | ||
medical staff members or employees. (Acts 63rd Leg., R.S., Ch. 118, | ||
Sec. 4(f).) | ||
Sec. 1076.063. RETIREMENT BENEFITS. The board may provide | ||
retirement benefits for district employees by: | ||
(1) establishing or administering a retirement | ||
program; or | ||
(2) participating in: | ||
(A) the Texas County and District Retirement | ||
System; or | ||
(B) another statewide retirement system in which | ||
the district is eligible to participate. (Acts 63rd Leg., R.S., Ch. | ||
118, Sec. 5(e).) | ||
[Sections 1076.064-1076.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1076.101. DISTRICT RESPONSIBILITY. The district shall | ||
provide medical and hospital care for the district's needy | ||
inhabitants. (Acts 63rd Leg., R.S., Ch. 118, Sec. 2 (part).) | ||
Sec. 1076.102. MANAGEMENT, CONTROL, AND ADMINISTRATION. | ||
(a) The district has authority to operate hospital facilities. | ||
(b) The board shall manage, control, and administer the | ||
district's hospital and hospital system and carry out the functions | ||
of the district. (Acts 63rd Leg., R.S., Ch. 118, Secs. 2 (part), | ||
5(a) (part).) | ||
Sec. 1076.103. HOSPITAL SYSTEM. The district shall provide | ||
for: | ||
(1) the establishment of a hospital or hospital system | ||
in the district to provide medical and hospital care and treatment | ||
and related services to district residents by: | ||
(A) purchasing, constructing, acquiring, | ||
repairing, or renovating buildings, facilities, and improvements; | ||
and | ||
(B) equipping the buildings, facilities, and | ||
improvements for hospital purposes; and | ||
(2) the operation, maintenance, and administration of | ||
the hospital or hospital system for hospital purposes. (Acts 63rd | ||
Leg., R.S., Ch. 118, Sec. 2 (part).) | ||
Sec. 1076.104. RULES. The board may adopt rules for the | ||
operation of the district. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(a) | ||
(part).) | ||
Sec. 1076.105. PURCHASING AND ACCOUNTING. The board may | ||
prescribe: | ||
(1) the method and manner of making purchases and | ||
expenditures by and for the district; and | ||
(2) all accounting and control procedures. (Acts 63rd | ||
Leg., R.S., Ch. 118, Sec. 5(f).) | ||
Sec. 1076.106. DISTRICT PROPERTY, FACILITIES, AND | ||
EQUIPMENT. (a) The board shall determine: | ||
(1) the type, number, and location of buildings | ||
required to maintain an adequate hospital system; and | ||
(2) the type of equipment necessary for hospital care. | ||
(b) The board may: | ||
(1) acquire property, including facilities and | ||
equipment, for the district for use in the hospital system; | ||
(2) mortgage or pledge the property as security for | ||
the payment of the purchase price; | ||
(3) lease hospital facilities for the district; and | ||
(4) sell or otherwise dispose of property, including | ||
facilities or equipment, for the district. (Acts 63rd Leg., R.S., | ||
Ch. 118, Sec. 5(j).) | ||
Sec. 1076.107. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain to acquire a fee simple or | ||
other interest in any type of property, real, personal, or mixed, | ||
located in district territory, if the interest is necessary or | ||
convenient for the district to exercise a right, power, privilege, | ||
or function conferred on the district by this chapter. | ||
(b) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code, except the | ||
district is not required to deposit in the trial court money or a | ||
bond as provided by Section 21.021(a), Property Code. | ||
(c) In a condemnation proceeding brought by the district, | ||
the district is not required to: | ||
(1) pay in advance or provide a bond for the issuance | ||
of a temporary restraining order or a temporary injunction; or | ||
(2) provide a bond for costs or a supersedeas bond on | ||
an appeal or petition for review. (Acts 63rd Leg., R.S., Ch. 118, | ||
Sec. 6.) | ||
Sec. 1076.108. GIFTS, GRANTS, AND ENDOWMENTS. The board may | ||
accept for the district a gift, grant, or endowment to be held in | ||
trust and administered by the board for the purposes and under the | ||
directions, limitations, or other provisions prescribed in writing | ||
by the donor that are not inconsistent with the proper management | ||
and objectives of the district. (Acts 63rd Leg., R.S., Ch. 118, | ||
Sec. 11.) | ||
Sec. 1076.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
CARE AND TREATMENT. The board may contract with this state or a | ||
federal agency for the treatment of a sick or injured person for | ||
whom this state or the federal government is responsible. (Acts | ||
63rd Leg., R.S., Ch. 118, Sec. 5(d).) | ||
Sec. 1076.110. CONTRACTS FOR SERVICES. (a) The board may | ||
contract with any person to obtain or supply the facilities and | ||
services the board considers necessary for the efficient operation | ||
of the district. | ||
(b) The board may contract with a public or private | ||
hospital, a political subdivision of this state, or a state or | ||
federal agency for the district to provide a mobile emergency | ||
medical service or to provide for the investigatory or welfare | ||
needs of district inhabitants. (Acts 63rd Leg., R.S., Ch. 118, | ||
Secs. 5(h), (i).) | ||
Sec. 1076.111. PROVISION OF CERTAIN HEALTH SERVICES. The | ||
district may operate or provide for: | ||
(1) the operation of a mobile emergency medical or air | ||
ambulance service; | ||
(2) home health services, long-term care, skilled | ||
nursing care, intermediate nursing care, or hospice care; and | ||
(3) any other reasonable or appropriate medical care | ||
or medical service. (Acts 63rd Leg., R.S., Ch. 118, Sec. 2 (part).) | ||
Sec. 1076.112. PAYMENT FOR TREATMENT; PROCEDURES. (a) When | ||
a patient who resides in the district is admitted to a district | ||
facility, the board or district administrator shall have an inquiry | ||
made into the circumstances of: | ||
(1) the patient; and | ||
(2) the patient's relatives legally liable for the | ||
patient's support. | ||
(b) If the board or district administrator determines that | ||
the patient or those relatives cannot pay for all or part of the | ||
patient's care and treatment in the hospital, the amount that | ||
cannot be paid becomes a charge against the district. | ||
(c) If the board or district administrator determines that | ||
the patient or those relatives are liable to pay for all or part of | ||
the patient's care and treatment, the patient or those relatives | ||
shall be ordered to pay the district a specified amount each week | ||
for the patient's care. The amount ordered must be proportionate to | ||
their financial ability and may not exceed the usual and customary | ||
charges for services. | ||
(d) The board or district administrator may collect the | ||
amount from the patient's estate, or from any relative legally | ||
liable for the patient's support, in the manner provided by law for | ||
the collection of expenses of the last illness of a deceased person. | ||
(e) If there is a dispute as to the ability to pay between | ||
any party and the board or district administrator, the county court | ||
shall hold a hearing and, after calling witnesses, shall: | ||
(1) resolve the dispute; and | ||
(2) issue any appropriate orders. | ||
(f) Either party to the dispute may appeal the order to the | ||
district court. (Acts 63rd Leg., R.S., Ch. 118, Sec. 9.) | ||
Sec. 1076.113. NONPROFIT CORPORATION. (a) The district | ||
may create and sponsor a nonprofit corporation under the Business | ||
Organizations Code and may contribute money to or solicit money for | ||
the corporation. | ||
(b) The corporation may use money contributed by the | ||
district only to provide health care or other services the district | ||
is authorized to provide under this chapter. | ||
(c) The corporation may enter into a joint venture with any | ||
public or private entity or individual to provide health care or | ||
other services the district is authorized to provide under this | ||
chapter. | ||
(d) The corporation may invest the corporation's money in | ||
any manner in which the district may invest the district's money, | ||
including investing money as authorized by Chapter 2256, Government | ||
Code. | ||
(e) The board shall establish controls to ensure that the | ||
corporation uses its money as required by this section. (Acts 63rd | ||
Leg., R.S., Ch. 118, Sec. 5A.) | ||
[Sections 1076.114-1076.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1076.151. BUDGET. The board shall prepare a budget | ||
that includes: | ||
(1) proposed expenditures and disbursements; | ||
(2) estimated receipts and collections for the next | ||
fiscal year; and | ||
(3) the amount of taxes required to be imposed to meet | ||
the proposed budget. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(g) | ||
(part).) | ||
Sec. 1076.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) The | ||
board shall hold a public hearing on the proposed budget. | ||
(b) Notice of the hearing must be published at least once in | ||
a newspaper of general circulation in the district not later than | ||
the 10th day before the date of the hearing. | ||
(c) Any district resident is entitled to: | ||
(1) appear at the hearing; and | ||
(2) be heard regarding any item in the proposed | ||
budget. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(g) (part).) | ||
Sec. 1076.153. FISCAL YEAR. (a) The board shall establish | ||
the district fiscal year. | ||
(b) The fiscal year may not be changed: | ||
(1) during a period that revenue bonds of the district | ||
are outstanding; or | ||
(2) more than once in a 24-month period. (Acts 63rd | ||
Leg., R.S., Ch. 118, Sec. 5(g) (part).) | ||
Sec. 1076.154. ANNUAL AUDIT. As soon as practicable after | ||
the close of each fiscal year, the board shall have an annual audit | ||
made of the district's books and records by an independent public | ||
accountant. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(g) (part).) | ||
Sec. 1076.155. FINANCIAL REPORT. (a) As soon as | ||
practicable after the close of each fiscal year, the district | ||
administrator shall prepare a report that includes: | ||
(1) a complete sworn statement of all district money; | ||
(2) a complete account of the disbursements of that | ||
money during the previous fiscal year; and | ||
(3) the details of district operation during the | ||
previous fiscal year. | ||
(b) The district administrator shall make the report to the | ||
board. (Acts 63rd Leg., R.S., Ch. 118, Sec. 5(g) (part).) | ||
Sec. 1076.156. PROJECTS AND PURCHASES EXEMPT FROM | ||
ASSESSMENT OR TAXATION. The district is not required to pay a tax | ||
or assessment on: | ||
(1) a district project or any part of the project; or | ||
(2) a district purchase. (Acts 63rd Leg., R.S., Ch. | ||
118, Sec. 13 (part).) | ||
Sec. 1076.157. DEPOSITORY. (a) The board shall select one | ||
or more banks in this state to act as a depository of bond proceeds | ||
or of revenue derived from the operation of district facilities. | ||
(b) The depository shall, as determined by the board: | ||
(1) furnish indemnity bonds; | ||
(2) pledge securities; or | ||
(3) meet any other requirement. | ||
(c) Membership on the district's board of an officer or | ||
director of a bank does not disqualify the bank from being selected | ||
as depository. (Acts 63rd Leg., R.S., Ch. 118, Sec. 8.) | ||
Sec. 1076.158. AUTHORITY TO BORROW MONEY; SECURITY. (a) | ||
The board may borrow money at a rate not to exceed the maximum | ||
annual percentage rate allowed by law for district obligations at | ||
the time the loan is made. | ||
(b) To secure a loan, the board may pledge: | ||
(1) district revenue that is not pledged to pay the | ||
district's bonded indebtedness; | ||
(2) a district tax to be imposed by the district during | ||
the 12-month period following the date of the pledge that is not | ||
pledged to pay the principal of or interest on district bonds; or | ||
(3) a district bond that has been authorized but not | ||
sold. | ||
(c) A loan for which taxes or bonds are pledged must mature | ||
not later than the first anniversary of the date the loan is made. A | ||
loan for which district revenue is pledged must mature not later | ||
than the fifth anniversary of the date the loan is made. (Acts 63rd | ||
Leg., R.S., Ch. 118, Sec. 5B.) | ||
Sec. 1076.159. INVESTMENT OF DISTRICT MONEY. (a) The law | ||
applicable to municipalities with respect to security for and | ||
investment of money governs, as applicable, the investment of | ||
district money. The bond order, resolution, or trust indenture may | ||
further restrict the investment. | ||
(b) To the extent authorized in the bond order, resolution, | ||
or trust indenture and until the money is needed, the district may | ||
invest the proceeds of district bonds in direct obligations of or | ||
obligations unconditionally guaranteed by the United States. (Acts | ||
63rd Leg., R.S., Ch. 118, Sec. 15.) | ||
[Sections 1076.160-1076.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1076.201. GENERAL OBLIGATION BONDS. The board may | ||
issue and sell general obligation bonds in the name and on the faith | ||
and credit of the district for the purchase, construction, | ||
acquisition, repair, or renovation of buildings and improvements | ||
and equipping the buildings and improvements for district purposes | ||
or any combination of those purposes. (Acts 63rd Leg., R.S., Ch. | ||
118, Sec. 7(a) (part).) | ||
Sec. 1076.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At | ||
the time general obligation bonds are issued by the district, the | ||
board shall impose an ad valorem tax at a rate sufficient to create | ||
an interest and sinking fund to pay the principal of and interest on | ||
the bonds as the bonds mature. | ||
(b) The tax required by this section together with any other | ||
ad valorem tax the district imposes may not in any year exceed 75 | ||
cents on each $100 valuation of all taxable property in the | ||
district. (Acts 63rd Leg., R.S., Ch. 118, Secs. 7(a) (part), 12 | ||
(part).) | ||
Sec. 1076.203. GENERAL OBLIGATION BOND ELECTION. (a) The | ||
district may issue general obligation bonds or other bonds secured | ||
wholly or partly by an ad valorem tax, other than refunding bonds, | ||
only if the bonds are authorized by a majority of the voters voting | ||
at an election held for that purpose. | ||
(b) The order and publication of notice for the bond | ||
election must be provided in accordance with Chapter 1251, | ||
Government Code. (Acts 63rd Leg., R.S., Ch. 118, Secs. 7(a) (part), | ||
7B(b).) | ||
Sec. 1076.204. EXECUTION OF GENERAL OBLIGATION BONDS. The | ||
board president shall execute district general obligation bonds in | ||
the district's name, and the board secretary shall countersign the | ||
bonds in the manner provided by Chapter 618, Government Code. (Acts | ||
63rd Leg., R.S., Ch. 118, Sec. 7(c) (part).) | ||
Sec. 1076.205. REVENUE BONDS. (a) The board may issue | ||
revenue bonds to: | ||
(1) purchase, construct, acquire, repair, equip, or | ||
renovate buildings and improvements for district purposes; or | ||
(2) acquire sites for district purposes. | ||
(b) The bonds must be payable from and secured by a pledge of | ||
all or part of district revenue derived from the operation of the | ||
district's hospital or health care facilities. | ||
(c) The bonds may be additionally secured by a mortgage or | ||
deed of trust lien on all or part of district property. | ||
(d) The bonds must be issued in the manner and in accordance | ||
with the procedures and requirements prescribed by Sections | ||
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health | ||
and Safety Code, for issuance of revenue bonds by a county hospital | ||
authority. (Acts 63rd Leg., R.S., Ch. 118, Secs. 7A(a) (part), (b), | ||
(c), (d).) | ||
Sec. 1076.206. REFUNDING BONDS. (a) The board may issue | ||
refunding bonds to refund any outstanding indebtedness issued or | ||
assumed by the district. | ||
(b) A refunding bond may be sold, with the proceeds of the | ||
refunding bond applied to the payment of outstanding indebtedness. | ||
(Acts 63rd Leg., R.S., Ch. 118, Secs. 7(b) (part), 7A(a) (part).) | ||
Sec. 1076.207. MATURITY OF BONDS. District bonds must | ||
mature not later than 40 years after the date of issuance. (Acts | ||
63rd Leg., R.S., Ch. 118, Sec. 7(c) (part).) | ||
Sec. 1076.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF | ||
BONDS. In addition to the authority to issue general obligation | ||
bonds and revenue bonds under this subchapter, the board may | ||
provide for the security and payment of district bonds from a pledge | ||
of a combination of ad valorem taxes as authorized by Section | ||
1076.202 and revenue and other sources as authorized by Section | ||
1076.205. (Acts 63rd Leg., R.S., Ch. 118, Sec. 7B(a).) | ||
Sec. 1076.209. USE OF BOND PROCEEDS. The district may use | ||
the proceeds of bonds issued under this subchapter to pay: | ||
(1) any expense the board determines is reasonable and | ||
necessary to issue, sell, and deliver the bonds; | ||
(2) interest payments on the bonds during a period of | ||
acquisition or construction of a project or facility to be provided | ||
through the bonds, not to exceed five years; | ||
(3) costs related to the operation and maintenance of | ||
a project or facility to be provided through the bonds: | ||
(A) during an estimated period of acquisition or | ||
construction, not to exceed five years; and | ||
(B) for one year after the project or facility is | ||
acquired or constructed; | ||
(4) costs related to the financing of the bond funds, | ||
including debt service reserve and contingency funds; | ||
(5) costs related to the bond issuance; | ||
(6) costs related to the acquisition of land or | ||
interests in land for a project or facility to be provided through | ||
the bonds; and | ||
(7) construction costs of a project or facility to be | ||
provided through the bonds, including the payment of related | ||
professional services and expenses. (Acts 63rd Leg., R.S., Ch. | ||
118, Sec. 7C.) | ||
Sec. 1076.210. BONDS EXEMPT FROM TAXATION. The following | ||
are exempt from taxation by this state: | ||
(1) bonds issued by the district; | ||
(2) the transfer of the bonds; and | ||
(3) the income from the bonds, including profits made | ||
on the sale of the bonds. (Acts 63rd Leg., R.S., Ch. 118, Sec. 13 | ||
(part).) | ||
[Sections 1076.211-1076.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1076.251. IMPOSITION OF AD VALOREM TAX. The board may | ||
impose a tax on all property in the district subject to district | ||
taxation. (Acts 63rd Leg., R.S., Ch. 118, Secs. 3(a) (part), 10(a) | ||
(part).) | ||
Sec. 1076.252. TAX RATE. The board may impose the tax at a | ||
rate not to exceed the limit approved by the voters at the election | ||
authorizing the imposition of taxes, which may not exceed 75 cents | ||
on each $100 valuation of all taxable property in the district. | ||
(Acts 63rd Leg., R.S., Ch. 118, Secs. 3(a) (part), 10(a) (part).) | ||
Sec. 1076.253. TAX ASSESSOR-COLLECTOR. The board may | ||
provide for the appointment of a tax assessor-collector for the | ||
district or may contract for the assessment and collection of taxes | ||
as provided by the Tax Code. (Acts 63rd Leg., R.S., Ch. 118, Sec. | ||
10(b).) | ||
[Sections 1076.254-1076.300 reserved for expansion] | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 1076.301. DISSOLUTION; ELECTION. (a) The district | ||
may be dissolved only on approval of a majority of the district | ||
voters voting in an election held for that purpose. | ||
(b) The board may order an election on the question of | ||
dissolving the district and disposing of the district's assets. | ||
(c) The board shall order an election if the board receives | ||
a petition requesting an election that is signed by at least 15 | ||
percent of the registered district voters. | ||
(d) The order calling the election must state: | ||
(1) the nature of the election, including the | ||
proposition to appear on the ballot; | ||
(2) the date of the election; | ||
(3) the hours during which the polls will be open; and | ||
(4) the location of the polling places. | ||
(e) Section 41.001, Election Code, does not apply to an | ||
election ordered under this section. (Acts 63rd Leg., R.S., Ch. | ||
118, Secs. 11A(a), (b), (c), (d).) | ||
Sec. 1076.302. NOTICE OF ELECTION. (a) The board shall | ||
give notice of an election under this subchapter by publishing once | ||
a week for two consecutive weeks a substantial copy of the election | ||
order in a newspaper with general circulation in the district. | ||
(b) The first publication of notice must appear not later | ||
than the 35th day before the date set for the election. (Acts 63rd | ||
Leg., R.S., Ch. 118, Sec. 11A(e).) | ||
Sec. 1076.303. BALLOT. The ballot for an election under | ||
this subchapter must be printed to permit voting for or against the | ||
proposition: "The dissolution of the Starr County Hospital | ||
District." (Acts 63rd Leg., R.S., Ch. 118, Sec. 11A(f).) | ||
Sec. 1076.304. ELECTION RESULTS. (a) If a majority of the | ||
votes in an election under this subchapter favor dissolution, the | ||
board shall order that the district be dissolved. | ||
(b) If a majority of the votes in the election do not favor | ||
dissolution, the board shall continue to administer the district | ||
and another election on the question of dissolution may not be held | ||
before the first anniversary of the date of the most recent election | ||
to dissolve the district. (Acts 63rd Leg., R.S., Ch. 118, Sec. | ||
11A(g).) | ||
Sec. 1076.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a) | ||
If a majority of the votes in an election under this subchapter | ||
favor dissolution, the board shall: | ||
(1) transfer the land, buildings, improvements, | ||
equipment, and other assets that belong to the district to Starr | ||
County or another governmental entity in Starr County; or | ||
(2) administer the property, assets, and debts until | ||
all money has been disposed of and all district debts have been paid | ||
or settled. | ||
(b) If the district makes the transfer under Subsection | ||
(a)(1), the county or entity assumes all debts and obligations of | ||
the district at the time of the transfer, and the district is | ||
dissolved. | ||
(c) If the district does not make the transfer under | ||
Subsection (a)(1) and the board administers the property, assets, | ||
and debts of the district under Subsection (a)(2), the district is | ||
dissolved when all the money has been disposed of and all district | ||
debts have been paid or settled. (Acts 63rd Leg., R.S., Ch. 118, | ||
Secs. 11A(h), (i), (j).) | ||
Sec. 1076.306. IMPOSITION OF TAX AND RETURN OF SURPLUS | ||
TAXES. (a) After the board finds that the district is dissolved, | ||
the board shall: | ||
(1) determine any debt owed by the district; and | ||
(2) impose on the property included on the district's | ||
tax roll a tax that is in proportion of any debt to the property | ||
value. | ||
(b) On the payment of all outstanding debts and obligations | ||
of the district, the board shall order the board secretary to return | ||
to each district taxpayer the taxpayer's pro rata share of all | ||
unused tax money. | ||
(c) A taxpayer may request that the taxpayer's share of | ||
surplus tax money be credited to the taxpayer's county taxes. If a | ||
taxpayer requests the credit, the board shall direct the board | ||
secretary to transmit the money to the county tax | ||
assessor-collector. (Acts 63rd Leg., R.S., Ch. 118, Secs. 11A(k), | ||
(l).) | ||
Sec. 1076.307. REPORT; DISSOLUTION ORDER. (a) After the | ||
district has paid all district debts and has disposed of all | ||
district money and other assets as prescribed by this subchapter, | ||
the board shall file a written report with the Commissioners Court | ||
of Starr County summarizing the board's actions in dissolving the | ||
district. | ||
(b) Not later than the 10th day after the date the | ||
commissioners court receives the report and determines that the | ||
requirements of this subchapter have been fulfilled, the | ||
commissioners court shall enter an order: | ||
(1) dissolving the district; and | ||
(2) releasing the board from any further duty or | ||
obligation. (Acts 63rd Leg., R.S., Ch. 118, Sec. 11A(m).) | ||
CHAPTER 1087. RANKIN COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1087.001. DEFINITIONS | ||
Sec. 1087.002. AUTHORITY FOR CREATION | ||
Sec. 1087.003. POLITICAL SUBDIVISION | ||
Sec. 1087.004. DISTRICT TERRITORY | ||
Sec. 1087.005. CONSOLIDATION OF DISTRICT AND MCCAMEY | ||
COUNTY HOSPITAL DISTRICT | ||
[Sections 1087.006-1087.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1087.051. BOARD ELECTION; TERM | ||
Sec. 1087.052. NOTICE OF ELECTION | ||
Sec. 1087.053. QUALIFICATIONS FOR OFFICE | ||
Sec. 1087.054. BOND; RECORD OF BOND | ||
Sec. 1087.055. BOARD VACANCY | ||
Sec. 1087.056. OFFICERS | ||
Sec. 1087.057. VOTING REQUIREMENT | ||
Sec. 1087.058. DISTRICT ADMINISTRATOR | ||
Sec. 1087.059. GENERAL DUTIES OF DISTRICT | ||
ADMINISTRATOR | ||
Sec. 1087.060. ASSISTANT TO DISTRICT ADMINISTRATOR | ||
Sec. 1087.061. LEGAL COUNSEL | ||
Sec. 1087.062. RETIREMENT PROGRAM | ||
Sec. 1087.063. MAINTENANCE OF RECORDS; PUBLIC | ||
INSPECTION | ||
[Sections 1087.064-1087.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1087.101. DISTRICT RESPONSIBILITY | ||
Sec. 1087.102. RESTRICTION ON COUNTY OR MUNICIPALITY | ||
TAXATION | ||
Sec. 1087.103. PURCHASING AND ACCOUNTING | ||
Sec. 1087.104. EMINENT DOMAIN | ||
Sec. 1087.105. GIFTS AND ENDOWMENTS | ||
Sec. 1087.106. CONSTRUCTION CONTRACTS | ||
Sec. 1087.107. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR CARE AND TREATMENT | ||
Sec. 1087.108. PAYMENT FOR TREATMENT; PROCEDURES | ||
Sec. 1087.109. AUTHORITY TO SUE AND BE SUED | ||
[Sections 1087.110-1087.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1087.151. BUDGET | ||
Sec. 1087.152. PROPOSED BUDGET: NOTICE AND HEARING | ||
Sec. 1087.153. FISCAL YEAR | ||
Sec. 1087.154. ANNUAL AUDIT | ||
Sec. 1087.155. FINANCIAL REPORT | ||
Sec. 1087.156. DEPOSITORY | ||
Sec. 1087.157. INVESTMENT RESTRICTIONS | ||
Sec. 1087.158. AUTHORITY TO BORROW MONEY; SECURITY | ||
[Sections 1087.159-1087.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1087.201. GENERAL OBLIGATION BONDS | ||
Sec. 1087.202. TAX TO PAY GENERAL OBLIGATION BONDS | ||
Sec. 1087.203. GENERAL OBLIGATION BOND ELECTION | ||
Sec. 1087.204. MATURITY OF GENERAL OBLIGATION BONDS | ||
Sec. 1087.205. EXECUTION OF GENERAL OBLIGATION BONDS | ||
Sec. 1087.206. REVENUE BONDS | ||
Sec. 1087.207. REFUNDING BONDS | ||
Sec. 1087.208. ADDITIONAL MEANS OF SECURING REPAYMENT | ||
OF BONDS | ||
Sec. 1087.209. USE OF BOND PROCEEDS | ||
[Sections 1087.210-1087.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1087.251. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1087.252. TAX RATE | ||
Sec. 1087.253. ASSESSMENT AND COLLECTION BY COUNTY TAX | ||
ASSESSOR-COLLECTOR | ||
Sec. 1087.254. ELECTION FOR SEPARATE TAX ASSESSOR AND | ||
SEPARATE TAX COLLECTOR | ||
Sec. 1087.255. APPOINTMENT OF SEPARATE TAX ASSESSOR | ||
AND SEPARATE TAX COLLECTOR | ||
CHAPTER 1087. RANKIN COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1087.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the Rankin County Hospital | ||
District. (New.) | ||
Sec. 1087.002. AUTHORITY FOR CREATION. The Rankin County | ||
Hospital District is created under the authority of Section 9, | ||
Article IX, Texas Constitution, and has the rights, powers, and | ||
duties prescribed by this chapter. (Acts 60th Leg., R.S., Ch. 182, | ||
Sec. 1 (part).) | ||
Sec. 1087.003. POLITICAL SUBDIVISION. The district is a | ||
political subdivision of this state. (Acts 60th Leg., R.S., Ch. | ||
182, Sec. 21 (part).) | ||
Sec. 1087.004. DISTRICT TERRITORY. The boundaries of the | ||
district are coextensive with the boundaries of the Rankin | ||
Independent School District, as those boundaries existed on January | ||
1, 1967. (Acts 60th Leg., R.S., Ch. 182, Sec. 1 (part).) | ||
Sec. 1087.005. CONSOLIDATION OF DISTRICT AND MCCAMEY COUNTY | ||
HOSPITAL DISTRICT. (a) The McCamey County Hospital District may be | ||
consolidated into the Rankin County Hospital District as provided | ||
by this section. | ||
(b) On the request of 25 percent or more of the taxpaying | ||
voters of each hospital district, the Upton County Commissioners | ||
Court shall submit the consolidation proposal for vote. | ||
(c) Consolidation of the district and the McCamey County | ||
Hospital District must be separately approved by a two-thirds | ||
majority of the voters voting in each hospital district at an | ||
election ordered and held for that purpose. | ||
(d) At the consolidation election, five directors shall be | ||
elected to serve the consolidated district. | ||
(e) Not more than one consolidation election may be held | ||
after each general election. | ||
(f) Refunding bonds may be issued by the consolidated | ||
district to refund any outstanding bonds, including bonds issued by | ||
the district on consolidation, original bonds, and refunding bonds. | ||
Additional funding may be provided as authorized by this chapter. | ||
(Acts 60th Leg., R.S., Ch. 182, Sec. 18.) | ||
[Sections 1087.006-1087.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1087.051. BOARD ELECTION; TERM. (a) The board | ||
consists of five directors elected from the district at large. | ||
(b) Directors serve staggered two-year terms unless | ||
four-year terms are established under Section 285.081, Health and | ||
Safety Code. | ||
(c) An election shall be held annually on the May uniform | ||
election date or another date authorized by law. (Acts 60th Leg., | ||
R.S., Ch. 182, Secs. 3(a), (i) (part).) | ||
Sec. 1087.052. NOTICE OF ELECTION. Notice of a directors' | ||
election shall be published in a newspaper of general circulation | ||
in Upton County in accordance with Section 4.003, Election Code. | ||
(Acts 60th Leg., R.S., Ch. 182, Sec. 3(i) (part).) | ||
Sec. 1087.053. QUALIFICATIONS FOR OFFICE. (a) A person may | ||
not be elected or appointed a director unless the person is: | ||
(1) a resident of the district; and | ||
(2) at least 18 years of age. | ||
(b) A district employee may not serve as director. (Acts | ||
60th Leg., R.S., Ch. 182, Secs. 3(b), (c).) | ||
Sec. 1087.054. BOND; RECORD OF BOND. (a) Before assuming | ||
the duties of office, each director must execute a bond for $1,000 | ||
that is: | ||
(1) payable to the district; and | ||
(2) conditioned on the faithful performance of the | ||
director's duties. | ||
(b) The district shall pay for a director's bond. | ||
(c) Each director's bond shall be deposited with a | ||
depository bank of the district for safekeeping. (Acts 60th Leg., | ||
R.S., Ch. 182, Sec. 3(d).) | ||
Sec. 1087.055. BOARD VACANCY. (a) If a vacancy occurs in | ||
the office of director, the remaining directors shall appoint a | ||
director. | ||
(b) A director appointed under this section serves until the | ||
next election for directors. A director elected under this | ||
subsection serves only for the remainder of the unexpired term. | ||
(Acts 60th Leg., R.S., Ch. 182, Sec. 3(h).) | ||
Sec. 1087.056. OFFICERS. (a) The board shall elect from | ||
among its members a president and a vice president. | ||
(b) The board shall appoint a secretary, who need not be a | ||
director. (Acts 60th Leg., R.S., Ch. 182, Sec. 3(e).) | ||
Sec. 1087.057. VOTING REQUIREMENT. A concurrence of three | ||
directors is sufficient in any matter relating to district | ||
business. (Acts 60th Leg., R.S., Ch. 182, Sec. 3(f).) | ||
Sec. 1087.058. DISTRICT ADMINISTRATOR. (a) The board may | ||
appoint a qualified person as district administrator. | ||
(b) The district administrator serves at the will of the | ||
board and receives the compensation determined by the board. | ||
(c) The board may remove the district administrator at any | ||
time. | ||
(d) Before assuming the duties of district administrator, | ||
the administrator must execute a bond payable to the district in an | ||
amount of not less than $10,000 that: | ||
(1) is conditioned on the administrator performing | ||
well and faithfully the administrator's required duties; and | ||
(2) contains any other condition the board may | ||
require. | ||
(e) The board may pay for the bond with district money. | ||
(Acts 60th Leg., R.S., Ch. 182, Secs. 4(a), (b), (c).) | ||
Sec. 1087.059. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. | ||
Subject to any limitation prescribed by the board, the district | ||
administrator shall: | ||
(1) perform the duties required by the board; | ||
(2) supervise the work and activities of the district; | ||
and | ||
(3) direct the affairs of the district. (Acts 60th | ||
Leg., R.S., Ch. 182, Sec. 4(d).) | ||
Sec. 1087.060. ASSISTANT TO DISTRICT ADMINISTRATOR. (a) | ||
The board may designate an assistant to the district administrator | ||
to discharge a duty or function of the administrator in the event of | ||
the administrator's incapacity, absence, or inability to discharge | ||
the duty or function. | ||
(b) The assistant shall post the bond required by board | ||
order. | ||
(c) The assistant is subject to any limitation prescribed by | ||
board order. (Acts 60th Leg., R.S., Ch. 182, Sec. 5.) | ||
Sec. 1087.061. LEGAL COUNSEL. The board may employ legal | ||
counsel to represent the district in all legal matters. (Acts 60th | ||
Leg., R.S., Ch. 182, Sec. 20.) | ||
Sec. 1087.062. RETIREMENT PROGRAM. (a) With the approval | ||
of the Upton County Commissioners Court, the board may contract | ||
with this state and the federal government as necessary to | ||
establish or continue a retirement program for the benefit of | ||
district employees. | ||
(b) The board may establish other retirement programs for | ||
the benefit of district employees as the board considers necessary | ||
and advisable. (Acts 60th Leg., R.S., Ch. 182, Secs. 4(e) (part), | ||
(f).) | ||
Sec. 1087.063. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. | ||
Except as provided by Section 1087.054, all district records, | ||
including books, accounts, notices, minutes, and all other matters | ||
of the district and the operation of its facilities, shall be: | ||
(1) maintained at the district office; and | ||
(2) open to public inspection at the district office | ||
at all reasonable hours. (Acts 60th Leg., R.S., Ch. 182, Secs. | ||
3(g), 9 (part).) | ||
[Sections 1087.064-1087.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1087.101. DISTRICT RESPONSIBILITY. The district has | ||
full responsibility for providing medical and hospital care for the | ||
district's needy and indigent residents. (Acts 60th Leg., R.S., | ||
Ch. 182, Sec. 11 (part).) | ||
Sec. 1087.102. RESTRICTION ON COUNTY OR MUNICIPALITY | ||
TAXATION. A county or a municipality in the district may not impose | ||
any tax for hospital purposes. (Acts 60th Leg., R.S., Ch. 182, Sec. | ||
11 (part).) | ||
Sec. 1087.103. PURCHASING AND ACCOUNTING. The board may | ||
prescribe: | ||
(1) the method of making purchases and expenditures by | ||
and for the district; and | ||
(2) accounting and control procedures for the | ||
district. (Acts 60th Leg., R.S., Ch. 182, Secs. 13(a), (b).) | ||
Sec. 1087.104. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain to acquire a fee simple or | ||
other interest in any type of property, real, personal, or mixed, | ||
located in district territory if the interest is necessary or | ||
convenient for the district to exercise a right, power, privilege, | ||
or function conferred on the district by this chapter. | ||
(b) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code, except the | ||
district is not required to deposit in the trial court money or a | ||
bond as provided by Section 21.021(a), Property Code. | ||
(c) In a condemnation proceeding brought by the district, | ||
the district is not required to: | ||
(1) pay in advance or provide a bond for the issuance | ||
of a temporary restraining order or a temporary injunction; or | ||
(2) provide a bond for costs or a supersedeas bond on | ||
an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 182, | ||
Sec. 17.) | ||
Sec. 1087.105. GIFTS AND ENDOWMENTS. The board may accept | ||
for the district a gift or endowment to be held in trust and | ||
administered by the board for the purposes and under the | ||
directions, limitations, and provisions prescribed in writing by | ||
the donor that are not inconsistent with the proper management and | ||
objectives of the district. (Acts 60th Leg., R.S., Ch. 182, Sec. | ||
16.) | ||
Sec. 1087.106. CONSTRUCTION CONTRACTS. (a) The board may | ||
enter into purchase or construction contracts for the district. | ||
(b) The board may enter into a construction contract that | ||
involves the expenditure of more than the amount provided by | ||
Section 271.024, Local Government Code, only after advertising as | ||
provided by Subchapter B, Chapter 271, Local Government Code. | ||
(Acts 60th Leg., R.S., Ch. 182, Sec. 13(c).) | ||
Sec. 1087.107. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
CARE AND TREATMENT. The board, with the approval of the Upton | ||
County Commissioners Court, may contract with: | ||
(1) a county, other than Upton County, for the care and | ||
treatment of a person of that county; and | ||
(2) this state or a federal agency for the care and | ||
treatment of a sick or injured person for whom the state or agency | ||
is responsible. (Acts 60th Leg., R.S., Ch. 182, Sec. 4(e) (part).) | ||
Sec. 1087.108. PAYMENT FOR TREATMENT; PROCEDURES. (a) | ||
When a patient from the district is admitted to a district facility, | ||
the district administrator shall have an inquiry made into the | ||
circumstances of: | ||
(1) the patient; and | ||
(2) the patient's relatives legally liable for the | ||
patient's support. | ||
(b) If the district administrator determines that the | ||
patient or those relatives cannot pay all or part of the patient's | ||
care and treatment in the hospital, the amount that cannot be paid | ||
becomes a charge against the district. | ||
(c) If the district administrator determines that the | ||
patient or those relatives are liable to pay for all or part of the | ||
patient's care and treatment, the patient or those relatives shall | ||
be ordered to pay to the district's treasurer a specified amount | ||
each week for the patient's support. The amount ordered must be | ||
proportionate to the financial ability and may not exceed the | ||
actual per capita cost of maintenance. | ||
(d) The district administrator may collect the amount from | ||
the patient's estate, or from those relatives legally liable for | ||
the patient's support, in the manner provided by law for the | ||
collection of expenses of the last illness of a deceased person. | ||
(e) If there is a dispute, or doubt in the district | ||
administrator's mind, as to the ability to pay, the board shall hold | ||
a hearing and, after calling witnesses, shall: | ||
(1) resolve the dispute or doubt; and | ||
(2) issue any appropriate order. | ||
(f) Either party to the dispute may appeal the order to the | ||
district court. The appeal is de novo as that term is used in an | ||
appeal from a justice court to a county court. (Acts 60th Leg., | ||
R.S., Ch. 182, Sec. 15.) | ||
Sec. 1087.109. AUTHORITY TO SUE AND BE SUED. As a | ||
governmental agency, the district may sue and be sued in its own | ||
name in any court of this state. (Acts 60th Leg., R.S., Ch. 182, | ||
Sec. 21 (part).) | ||
[Sections 1087.110-1087.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1087.151. BUDGET. The board annually shall have a | ||
budget prepared for the next fiscal year that includes: | ||
(1) proposed expenditures and disbursements; | ||
(2) estimated receipts and collections; and | ||
(3) the amount of taxes required to be imposed for the | ||
year. (Acts 60th Leg., R.S., Ch. 182, Sec. 9 (part).) | ||
Sec. 1087.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) | ||
The board shall hold a public hearing on the proposed budget. | ||
(b) Notice of the hearing must be published at least once in | ||
a newspaper of general circulation in Upton County not later than | ||
the 10th day before the date of the hearing. | ||
(c) Any district taxpayer is entitled to: | ||
(1) appear at the time and place designated in the | ||
notice; and | ||
(2) be heard regarding any item included in the | ||
proposed budget. (Acts 60th Leg., R.S., Ch. 182, Sec. 9 (part).) | ||
Sec. 1087.153. FISCAL YEAR. The district's fiscal year | ||
begins on October 1 and ends on September 30. (Acts 60th Leg., | ||
R.S., Ch. 182, Sec. 9 (part).) | ||
Sec. 1087.154. ANNUAL AUDIT. (a) The board annually shall | ||
have an independent audit made of the district's books and records | ||
for the preceding fiscal year. | ||
(b) Not later than December 31 of each year, the audit shall | ||
be filed: | ||
(1) with the county clerk of Upton County; and | ||
(2) at the district's office. (Acts 60th Leg., R.S., | ||
Ch. 182, Sec. 9 (part).) | ||
Sec. 1087.155. FINANCIAL REPORT. (a) The board and the | ||
district administrator shall annually prepare a report under oath | ||
that includes: | ||
(1) a complete statement of: | ||
(A) all money and choses in action; and | ||
(B) how the money and choses in action were | ||
disbursed or otherwise disposed; | ||
(2) the details of district operation during the | ||
preceding fiscal year; and | ||
(3) a full and complete list of all delinquent | ||
accounts owing and due the district, including names and addresses | ||
of delinquent debtors. | ||
(b) The report shall be filed in: | ||
(1) the district office; and | ||
(2) the office of the county clerk of Upton County. | ||
(Acts 60th Leg., R.S., Ch. 182, Sec. 9 (part).) | ||
Sec. 1087.156. DEPOSITORY. (a) The board shall select one | ||
or more banks to serve as a depository for district money. | ||
(b) To the extent that money in a depository 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. | ||
(c) Membership on the district's board of an officer or | ||
director of a bank does not disqualify the bank from being | ||
designated as depository. (Acts 60th Leg., R.S., Ch. 182, Sec. | ||
10(a).) | ||
Sec. 1087.157. INVESTMENT RESTRICTIONS. The board may | ||
invest operating, depreciation, or building reserves only in funds | ||
or securities specified by Chapter 2256, Government Code. (Acts | ||
60th Leg., R.S., Ch. 182, Sec. 10(b).) | ||
Sec. 1087.158. AUTHORITY TO BORROW MONEY; SECURITY. (a) The | ||
board may borrow money at a rate not to exceed the maximum annual | ||
percentage rate allowed by law for district obligations at the time | ||
the loan is made. | ||
(b) To secure a loan, the board may pledge: | ||
(1) district revenue that is not pledged to pay the | ||
district's bonded indebtedness; | ||
(2) tax revenue to be collected by the district during | ||
the 12-month period following the date of the pledge that is not | ||
pledged to pay the principal of or interest on district bonds; or | ||
(3) district bonds that have been authorized but not | ||
sold. | ||
(c) A loan for which taxes or bonds are pledged must mature | ||
not later than the first anniversary of the date the loan is made. A | ||
loan for which district revenue is pledged must mature not later | ||
than the fifth anniversary of the date the loan is made. (Acts 60th | ||
Leg., R.S., Ch. 182, Sec. 7A.) | ||
[Sections 1087.159-1087.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1087.201. GENERAL OBLIGATION BONDS. The board may | ||
issue and sell general obligation bonds in the name and on the faith | ||
and credit of the district for any purpose relating to: | ||
(1) the purchase, construction, acquisition, repair, | ||
or renovation of buildings and improvements; and | ||
(2) equipping buildings and improvements for hospital | ||
purposes. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(a).) | ||
Sec. 1087.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At | ||
the time general obligation bonds are issued by the district, the | ||
board shall impose an ad valorem tax at a rate sufficient to create | ||
an interest and sinking fund to pay the principal of and interest on | ||
the bonds as the bonds mature. | ||
(b) The tax required by this section together with any other | ||
ad valorem tax imposed for the district may not in any year exceed | ||
75 cents on each $100 valuation of all taxable property in the | ||
district. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(b).) | ||
Sec. 1087.203. GENERAL OBLIGATION BOND ELECTION. (a) The | ||
district may issue general obligation bonds only if the bonds are | ||
authorized by a majority of the district voters voting at an | ||
election held for that purpose. | ||
(b) The board may call the election on the board's own | ||
motion. | ||
(c) The order calling the election must specify: | ||
(1) the location of the polling places; | ||
(2) the presiding election officers; | ||
(3) the purpose of the bond issuance; | ||
(4) the amount of the bonds to be authorized; | ||
(5) the maximum interest rate of the bonds; and | ||
(6) the maximum maturity of the bonds. | ||
(d) Notice of a bond election shall be given by publishing a | ||
substantial copy of the order calling the election in a newspaper of | ||
general circulation in the district once each week for two | ||
consecutive weeks before the date of the election. The first | ||
publication must occur at least 20 days before the date of the | ||
election. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(d) (part).) | ||
Sec. 1087.204. MATURITY OF GENERAL OBLIGATION BONDS. | ||
District general obligation bonds must mature not later than 40 | ||
years after the date of issuance. (Acts 60th Leg., R.S., Ch. 182, | ||
Sec. 7(d) (part).) | ||
Sec. 1087.205. EXECUTION OF GENERAL OBLIGATION BONDS. The | ||
board's presiding officer shall execute the general obligation | ||
bonds in the district's name, and the board secretary shall | ||
countersign the bonds. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(c).) | ||
Sec. 1087.206. REVENUE BONDS. (a) The board may issue | ||
revenue bonds to: | ||
(1) purchase, construct, acquire, repair, or renovate | ||
buildings or improvements; | ||
(2) equip buildings or improvements for hospital | ||
purposes; or | ||
(3) acquire real property for hospital purposes. | ||
(b) The bonds must be payable from and secured by a pledge of | ||
all or part of the revenue derived from the operation of the | ||
district's hospital system. | ||
(c) The bonds may be additionally secured by a mortgage or | ||
deed of trust lien on all or part of district property. | ||
(d) The bonds must be issued in the manner provided by | ||
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, | ||
Health and Safety Code, for issuance of revenue bonds by a county | ||
hospital authority. (Acts 60th Leg., R.S., Ch. 182, Secs. 7(f), | ||
(g).) | ||
Sec. 1087.207. REFUNDING BONDS. (a) The board may, without | ||
an election, issue refunding bonds to refund outstanding bonds | ||
issued or assumed by the district. | ||
(b) A refunding bond may be: | ||
(1) sold, with the proceeds of the refunding bond | ||
applied to the payment of the bonds to be refunded; or | ||
(2) exchanged wholly or partly for not less than a | ||
similar amount of outstanding bonds and the unpaid matured interest | ||
on the bonds. (Acts 60th Leg., R.S., Ch. 182, Sec. 7(e).) | ||
Sec. 1087.208. ADDITIONAL MEANS OF SECURING REPAYMENT OF | ||
BONDS. In addition to the authority to issue general obligation and | ||
revenue bonds under this subchapter, the board may provide for the | ||
security and payment of district bonds from a pledge of a | ||
combination of ad valorem taxes as authorized by Section 1087.202 | ||
and revenue and other sources as authorized by Section 1087.206. | ||
(Acts 60th Leg., R.S., Ch. 182, Sec. 7(h).) | ||
Sec. 1087.209. USE OF BOND PROCEEDS. The district may use | ||
the proceeds of bonds issued under this subchapter to pay: | ||
(1) any expense the board determines is reasonable and | ||
necessary to issue, sell, and deliver the bonds; | ||
(2) interest payments on the bonds during a period of | ||
acquisition or construction of a project or facility to be provided | ||
through the bonds, not to exceed five years; | ||
(3) costs related to the operation and maintenance of | ||
a project or facility to be provided through the bonds: | ||
(A) during an estimated period of acquisition or | ||
construction, not to exceed five years; and | ||
(B) for one year after the project or facility is | ||
acquired or constructed; | ||
(4) costs related to the financing of the bond funds, | ||
including debt service reserve and contingency funds; | ||
(5) costs related to the bond issuance; | ||
(6) costs related to the acquisition of land or | ||
interests in land for a project or facility to be provided through | ||
the bonds; and | ||
(7) construction costs of a project or facility to be | ||
provided through the bonds, including the payment of related | ||
professional services and expenses. (Acts 60th Leg., R.S., Ch. | ||
182, Sec. 7(i).) | ||
[Sections 1087.210-1087.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1087.251. IMPOSITION OF AD VALOREM TAX. (a) On final | ||
approval of the annual budget, the board shall impose a tax on all | ||
property in the district subject to district taxation. | ||
(b) The board shall impose the tax to: | ||
(1) pay the interest on and create a sinking fund for | ||
bonds issued or assumed by the district for hospital purposes as | ||
provided by this chapter; | ||
(2) provide for the operation and maintenance of the | ||
hospital or hospital system; | ||
(3) make improvements and additions to the district's | ||
hospital system; and | ||
(4) acquire necessary sites for improvements or | ||
additions by purchase, lease, or condemnation. (Acts 60th Leg., | ||
R.S., Ch. 182, Secs. 6 (part), 9 (part).) | ||
Sec. 1087.252. TAX RATE. The board may impose the tax at a | ||
rate not to exceed 75 cents on each $100 valuation of all taxable | ||
property in the district. (Acts 60th Leg., R.S., Ch. 182, Sec. 6 | ||
(part).) | ||
Sec. 1087.253. ASSESSMENT AND COLLECTION BY COUNTY TAX | ||
ASSESSOR-COLLECTOR. (a) This section applies unless an election | ||
is held under Section 1087.254. | ||
(b) The tax assessor-collector of Upton County shall | ||
collect the taxes imposed on all property subject to district | ||
taxation. (Acts 60th Leg., R.S., Ch. 182, Secs. 6 (part), 9 | ||
(part).) | ||
Sec. 1087.254. ELECTION FOR SEPARATE TAX ASSESSOR AND | ||
SEPARATE TAX COLLECTOR. (a) On receipt of a petition signed by at | ||
least five percent of the taxpaying voters in the district, the | ||
court may order an election to determine whether the district shall | ||
have a separate tax assessor and separate tax collector for the | ||
assessment and collection of district taxes. | ||
(b) Notice of the election shall be given as required by | ||
Section 1087.052. (Acts 60th Leg., R.S., Ch. 182, Sec. 19 (part).) | ||
Sec. 1087.255. APPOINTMENT OF SEPARATE TAX ASSESSOR AND | ||
SEPARATE TAX COLLECTOR. If the appointment of a separate tax | ||
assessor and separate tax collector is approved by a two-thirds | ||
majority vote of the district voters voting at an election held | ||
under Section 1087.254, the board shall appoint: | ||
(1) a suitable person as tax assessor; and | ||
(2) a suitable person as tax collector. (Acts 60th | ||
Leg., R.S., Ch. 182, Sec. 19 (part).) | ||
CHAPTER 1096. SOUTH LIMESTONE HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1096.001. DEFINITIONS | ||
Sec. 1096.002. AUTHORITY FOR CREATION | ||
Sec. 1096.003. DISTRICT TERRITORY | ||
Sec. 1096.004. CORRECTION OF INVALID PROCEDURES | ||
Sec. 1096.005. DISTRICT SUPPORT AND MAINTENANCE NOT | ||
STATE OBLIGATION | ||
Sec. 1096.006. RESTRICTION ON STATE FINANCIAL | ||
ASSISTANCE | ||
[Sections 1096.007-1096.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1096.051. BOARD ELECTION; TERM | ||
Sec. 1096.052. QUALIFICATIONS FOR OFFICE | ||
Sec. 1096.053. BOND; RECORD OF BOND AND OATH | ||
Sec. 1096.054. BOARD VACANCY | ||
Sec. 1096.055. OFFICERS | ||
Sec. 1096.056. COMPENSATION; EXPENSES | ||
Sec. 1096.057. DISTRICT ADMINISTRATOR | ||
Sec. 1096.058. EMPLOYEES | ||
Sec. 1096.059. MAINTENANCE OF RECORDS; PUBLIC | ||
INSPECTION | ||
Sec. 1096.060. RECRUITMENT OF MEDICAL STAFF | ||
Sec. 1096.061. CONTINUING EDUCATION; RETRAINING | ||
[Sections 1096.062-1096.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1096.101. DISTRICT RESPONSIBILITY | ||
Sec. 1096.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT | ||
Sec. 1096.103. MANAGEMENT AND CONTROL OF DISTRICT | ||
Sec. 1096.104. HOSPITAL SYSTEM | ||
Sec. 1096.105. RULES | ||
Sec. 1096.106. PURCHASING AND ACCOUNTING PROCEDURES | ||
Sec. 1096.107. EMINENT DOMAIN | ||
Sec. 1096.108. GIFTS AND ENDOWMENTS | ||
Sec. 1096.109. CONTRACTS WITH POLITICAL SUBDIVISION | ||
FOR HOSPITAL CARE | ||
Sec. 1096.110. PROVISION OF CERTAIN HEALTH SERVICES | ||
Sec. 1096.111. OPERATION OF HOSPITAL; RATES CHARGED; | ||
RESERVE FUNDS | ||
Sec. 1096.112. PAYMENT FOR TREATMENT; PROCEDURES | ||
[Sections 1096.113-1096.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1096.151. BUDGET | ||
Sec. 1096.152. PROPOSED BUDGET: NOTICE AND HEARING | ||
Sec. 1096.153. FISCAL YEAR | ||
Sec. 1096.154. ANNUAL AUDIT | ||
Sec. 1096.155. DEPOSITORY | ||
Sec. 1096.156. AUTHORITY TO BORROW MONEY; SECURITY | ||
Sec. 1096.157. INVESTMENT OF DISTRICT MONEY | ||
Sec. 1096.158. TAX EXEMPTION | ||
[Sections 1096.159-1096.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1096.201. REVENUE BONDS | ||
Sec. 1096.202. EXECUTION OF BONDS | ||
Sec. 1096.203. MATURITY OF BONDS | ||
Sec. 1096.204. REFUNDING BONDS | ||
[Sections 1096.205-1096.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1096.251. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1096.252. TAX RATE | ||
Sec. 1096.253. TAX ASSESSOR-COLLECTOR | ||
CHAPTER 1096. SOUTH LIMESTONE HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1096.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the South Limestone Hospital | ||
District. (New.) | ||
Sec. 1096.002. AUTHORITY FOR CREATION. The South Limestone | ||
Hospital District is created under the authority of Section 9, | ||
Article IX, Texas Constitution, and has the rights, powers, and | ||
duties provided by this chapter. (Acts 61st Leg., R.S., Ch. 638, | ||
Secs. 1, 2 (part).) | ||
Sec. 1096.003. DISTRICT TERRITORY. The boundaries of the | ||
district are coextensive with the boundaries of the Groesbeck | ||
Independent School District as those boundaries existed on January | ||
1, 1969. (Acts 61st Leg., R.S., Ch. 638, Sec. 2 (part).) | ||
Sec. 1096.004. CORRECTION OF INVALID PROCEDURES. If a | ||
court holds that any procedure under this chapter violates the | ||
constitution of this state or of the United States, the district by | ||
resolution may provide an alternative procedure that conforms with | ||
the constitution. (Acts 61st Leg., R.S., Ch. 638, Sec. 28 (part).) | ||
Sec. 1096.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE | ||
OBLIGATION. The support and maintenance of the district's hospital | ||
system and any indebtedness incurred by the district under this | ||
chapter may not become a charge against or obligation of this state. | ||
(Acts 61st Leg., R.S., Ch. 638, Sec. 26 (part).) | ||
Sec. 1096.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. | ||
The legislature may not make a direct appropriation for the | ||
construction, maintenance, or improvement of a district facility. | ||
(Acts 61st Leg., R.S., Ch. 638, Sec. 26 (part).) | ||
[Sections 1096.007-1096.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1096.051. BOARD ELECTION; TERM. (a) The district is | ||
governed by a board of seven directors elected from the district at | ||
large. | ||
(b) Each even-numbered year, on the May uniform election | ||
date or another date authorized by law, the appropriate number of | ||
directors shall be elected. | ||
(c) Directors serve staggered four-year terms. (Acts 61st | ||
Leg., R.S., Ch. 638, Secs. 5(a), (e).) | ||
Sec. 1096.052. QUALIFICATIONS FOR OFFICE. (a) To qualify | ||
for election to the board, a person must: | ||
(1) be at least 18 years of age; | ||
(2) have been a resident of the district for at least | ||
two years; and | ||
(3) be a qualified property tax paying voter of the | ||
district. | ||
(b) A person may not serve as a director if the person: | ||
(1) is a district employee; | ||
(2) was a district employee at any time during the two | ||
years preceding the date of the election; or | ||
(3) receives compensation under a contract with the | ||
district. (Acts 61st Leg., R.S., Ch. 638, Secs. 5(f), (j).) | ||
Sec. 1096.053. BOND; RECORD OF BOND AND OATH. (a) Each | ||
director shall qualify by executing a good and sufficient bond for | ||
$1,000 that is: | ||
(1) payable to the district; and | ||
(2) conditioned on the faithful performance of the | ||
director's duties. | ||
(b) The district shall pay for the directors' bonds. | ||
(c) Each director's bond and constitutional oath of office | ||
shall be deposited with the district's depository bank for | ||
safekeeping. (Acts 61st Leg., R.S., Ch. 638, Sec. 5(b).) | ||
Sec. 1096.054. BOARD VACANCY. If a vacancy occurs in the | ||
office of director, the remaining directors shall appoint a | ||
director for the unexpired term. (Acts 61st Leg., R.S., Ch. 638, | ||
Sec. 5(d).) | ||
Sec. 1096.055. OFFICERS. (a) The board shall elect from | ||
among its members a president, vice president, secretary, and | ||
treasurer. | ||
(b) The board may combine the offices of secretary and | ||
treasurer at the board's discretion. (Acts 61st Leg., R.S., Ch. | ||
638, Sec. 5(c).) | ||
Sec. 1096.056. COMPENSATION; EXPENSES. A director is not | ||
entitled to compensation but is entitled to reimbursement for any | ||
necessary expense incurred in the performance of official duties. | ||
(Acts 61st Leg., R.S., Ch. 638, Sec. 5(i).) | ||
Sec. 1096.057. DISTRICT ADMINISTRATOR. (a) The board may | ||
employ a district administrator to manage the operations of the | ||
hospital system. | ||
(b) The district administrator may hire necessary personnel | ||
to perform the services provided by the hospital system. (Acts 61st | ||
Leg., R.S., Ch. 638, Sec. 20(e) (part).) | ||
Sec. 1096.058. EMPLOYEES. The board may employ an | ||
attorney, a general manager, a bookkeeper, an architect, nurses, | ||
and other employees necessary for the efficient operation of the | ||
district. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(e) (part).) | ||
Sec. 1096.059. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. | ||
Except as provided by Section 1096.053, the board shall: | ||
(1) maintain all district records, including books, | ||
accounts, notices, minutes, and other matters of the district and | ||
its operation, at the district office; and | ||
(2) make those records available for public inspection | ||
at reasonable times. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(b).) | ||
Sec. 1096.060. RECRUITMENT OF MEDICAL STAFF. The board may | ||
spend district money to recruit physicians, nurses, and other | ||
trained medical personnel. The board may pay the tuition or other | ||
education-related costs or expenses of a person who: | ||
(1) graduates from a medical school, a nursing school, | ||
or an institution of higher education; and | ||
(2) contractually agrees to become a district | ||
employee. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(h) (part).) | ||
Sec. 1096.061. CONTINUING EDUCATION; RETRAINING. The board | ||
may spend district money for the continuing education and | ||
retraining of district employees. (Acts 61st Leg., R.S., Ch. 638, | ||
Sec. 20(h) (part).) | ||
[Sections 1096.062-1096.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1096.101. DISTRICT RESPONSIBILITY. The district shall | ||
provide all necessary hospital and medical care for the district's | ||
needy inhabitants. (Acts 61st Leg., R.S., Ch. 638, Sec. 3 (part).) | ||
Sec. 1096.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT. A political subdivision of this state, other | ||
than the district, may not impose a tax or issue bonds or other | ||
obligations to provide hospital service or medical care in the | ||
district. (Acts 61st Leg., R.S., Ch. 638, Sec. 3 (part).) | ||
Sec. 1096.103. MANAGEMENT AND CONTROL OF DISTRICT. The | ||
board has full power to manage and control the district. (Acts 61st | ||
Leg., R.S., Ch. 638, Sec. 20(a) (part).) | ||
Sec. 1096.104. HOSPITAL SYSTEM. The district has the | ||
responsibility to establish a hospital or hospital system within | ||
its boundaries to provide hospital and medical care to the | ||
district's residents. (Acts 61st Leg., R.S., Ch. 638, Sec. 3 | ||
(part).) | ||
Sec. 1096.105. RULES. (a) The board shall adopt rules for | ||
the efficient operation of the district, including district | ||
facilities. | ||
(b) The board shall: | ||
(1) publish the rules in book form; and | ||
(2) provide copies to interested persons on request at | ||
district expense. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(c).) | ||
Sec. 1096.106. PURCHASING AND ACCOUNTING PROCEDURES. The | ||
board may prescribe the method of making purchases and expenditures | ||
and the manner of accounting and control used by the district. | ||
(Acts 61st Leg., R.S., Ch. 638, Sec. 20(e) (part).) | ||
Sec. 1096.107. EMINENT DOMAIN. (a) To carry out a power | ||
provided by this chapter, the district may exercise the power of | ||
eminent domain to acquire the fee simple title to land and other | ||
property and easements. | ||
(b) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code. | ||
(c) In a condemnation proceeding, the district is not | ||
required to: | ||
(1) pay in advance or provide a bond or other security | ||
for costs in the trial court; | ||
(2) provide a bond for costs or a supersedeas bond on | ||
an appeal or petition for review; or | ||
(3) deposit in the trial court money or a bond as | ||
provided by Section 21.021(a), Property Code. | ||
(d) The district is a municipal corporation for the purposes | ||
of Chapter 21, Property Code. | ||
(e) The board shall determine the amount and the type of | ||
interest in land, other property, or easements to be acquired. | ||
(Acts 61st Leg., R.S., Ch. 638, Secs. 17, 23.) | ||
Sec. 1096.108. GIFTS AND ENDOWMENTS. The board may accept a | ||
gift or endowment to be held and administered as required by the | ||
respective donor, to the extent that those requirements do not | ||
contravene law. (Acts 61st Leg., R.S., Ch. 638, Sec. 19.) | ||
Sec. 1096.109. CONTRACTS WITH POLITICAL SUBDIVISION FOR | ||
HOSPITAL CARE. The board may contract with a political subdivision | ||
to provide hospital and medical care for needy persons who reside | ||
outside the district. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(f).) | ||
Sec. 1096.110. PROVISION OF CERTAIN HEALTH SERVICES. The | ||
board may provide emergency services, home health care services, | ||
long-term health care services, or any other health care services | ||
the board determines are necessary to meet the needs of the | ||
district. (Acts 61st Leg., R.S., Ch. 638, Sec. 20(g).) | ||
Sec. 1096.111. OPERATION OF HOSPITAL; RATES CHARGED; | ||
RESERVE FUNDS. (a) The district shall operate a hospital without | ||
the intervention of private profit for the use and benefit of the | ||
public. | ||
(b) The board shall charge sufficient rates for services | ||
provided by the hospital and use other sources of district revenue | ||
that will produce an amount sufficient to: | ||
(1) pay all expenses in connection with the ownership, | ||
operation, and upkeep of the hospital; | ||
(2) pay the interest on the bonds as it becomes due; | ||
(3) create a sinking fund to pay the bonds as they | ||
become due; and | ||
(4) create and maintain a bond reserve fund and other | ||
funds as provided in the bond resolution or trust indenture. | ||
(c) The bond resolution or trust indenture may prescribe | ||
systems, methods, routines, and procedures needed for the operation | ||
of the hospital. (Acts 61st Leg., R.S., Ch. 638, Sec. 15.) | ||
Sec. 1096.112. PAYMENT FOR TREATMENT; PROCEDURES. (a) A | ||
person who resides in the district is entitled to receive necessary | ||
medical and hospital care regardless of whether the person has the | ||
ability to pay for the care and may apply to receive this care | ||
without cost. | ||
(b) The board or the district administrator shall employ a | ||
person to investigate the ability of the patient and any relative | ||
liable for the patient's support to pay for the medical and hospital | ||
care received by the patient. | ||
(c) If the investigator finds that neither the patient nor | ||
those relatives can pay for all or part of the patient's care, the | ||
expense of that care becomes a charge against the district. | ||
(d) If the patient or those relatives can pay for all or part | ||
of the costs of the patient's care, the board shall order the | ||
patient or those relatives to pay to the district treasurer each | ||
week an amount specified in the order. The amount must be | ||
proportionate to the person's ability to pay. | ||
(e) The district may collect the amount from the patient's | ||
estate, or from any relative liable for the patient's support, in | ||
the manner provided by law for the collection of expenses of the | ||
last illness of a deceased person. | ||
(f) If there is a dispute as to the ability to pay, or doubt | ||
in the mind of the investigator, the board shall hold a hearing and, | ||
after calling witnesses, shall: | ||
(1) determine the question; and | ||
(2) make the proper order based on the board's | ||
findings. | ||
(g) A party to the hearing who is not satisfied with the | ||
result of the order may appeal to the district court. The appeal is | ||
de novo. (Acts 61st Leg., R.S., Ch. 638, Sec. 22.) | ||
[Sections 1096.113-1096.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1096.151. BUDGET. The board shall prepare a budget | ||
that includes: | ||
(1) proposed expenditures and disbursements; | ||
(2) estimated receipts and collections for the next | ||
fiscal year; and | ||
(3) the amount of taxes required to be imposed during | ||
the next fiscal year to meet the proposed budget. (Acts 61st Leg., | ||
R.S., Ch. 638, Sec. 21(b).) | ||
Sec. 1096.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) | ||
The board shall hold a public hearing on the proposed budget. | ||
(b) Notice of the hearing must be published in a newspaper | ||
of general circulation in the district at least once before the 10th | ||
day before the date of the hearing. | ||
(c) Any person who owns taxable property in the district and | ||
has duly rendered that property for taxation is entitled to: | ||
(1) appear at the hearing; and | ||
(2) be heard regarding any item in the proposed | ||
budget. (Acts 61st Leg., R.S., Ch. 638, Secs. 21(c), (d).) | ||
Sec. 1096.153. FISCAL YEAR. The district's fiscal year is | ||
from October 1 to September 30. (Acts 61st Leg., R.S., Ch. 638, | ||
Sec. 21(a).) | ||
Sec. 1096.154. ANNUAL AUDIT. (a) The board annually shall | ||
require an independent audit of the district's books and records. | ||
(b) Not later than December 1 of each year, the board shall | ||
file a copy of the audit with: | ||
(1) the comptroller; and | ||
(2) the district. (Acts 61st Leg., R.S., Ch. 638, Sec. | ||
20(d).) | ||
Sec. 1096.155. DEPOSITORY. (a) The board by resolution | ||
shall designate a bank in the county in which the district is | ||
located as the district's depository. A designated bank serves for | ||
two years and until a successor is designated. | ||
(b) All district money shall be deposited in the depository | ||
and secured in the manner provided for securing county funds. (Acts | ||
61st Leg., R.S., Ch. 638, Sec. 24.) | ||
Sec. 1096.156. AUTHORITY TO BORROW MONEY; SECURITY. (a) | ||
The board may borrow money at a rate not to exceed the maximum | ||
annual percentage rate allowed by law for district obligations at | ||
the time the loan is made if the board declares that: | ||
(1) money is not available to meet authorized | ||
obligations of the district; and | ||
(2) an emergency exists. | ||
(b) To secure a loan, the board may pledge: | ||
(1) district revenue that is not pledged to pay the | ||
district's bonded indebtedness; | ||
(2) a district tax to be imposed by the district in the | ||
next 12-month period that is not pledged to pay the principal of or | ||
interest on district bonds; or | ||
(3) district bonds that have been authorized but not | ||
sold. | ||
(c) A loan for which taxes or bonds are pledged must mature | ||
not later than the first anniversary of the date the loan is made. A | ||
loan for which district revenue is pledged must mature not later | ||
than the fifth anniversary of the date the loan is made. | ||
(d) The board may not spend money obtained from a loan under | ||
this section for any purpose other than: | ||
(1) the purpose for which the board declared an | ||
emergency; and | ||
(2) if district taxes or bonds are pledged to pay the | ||
loan, the purpose for which the pledged taxes were imposed or the | ||
pledged bonds were authorized. (Acts 61st Leg., R.S., Ch. 638, Sec. | ||
20A.) | ||
Sec. 1096.157. INVESTMENT OF DISTRICT MONEY. (a) The law | ||
applicable to municipalities with respect to security for and | ||
investment of money governs, as applicable, the investment of | ||
district money. The bond resolution or indenture may further | ||
restrict the investment. | ||
(b) To the extent authorized in the bond resolution or | ||
indenture and until the money is needed, the district may invest the | ||
proceeds of district bonds in direct obligations of or obligations | ||
unconditionally guaranteed by the United States. (Acts 61st Leg., | ||
R.S., Ch. 638, Sec. 18.) | ||
Sec. 1096.158. TAX EXEMPTION. Because property owned by | ||
the district is held for public purposes only and is devoted | ||
exclusively to the use and benefit of the public, the property is | ||
exempt from taxation of every character. (Acts 61st Leg., R.S., Ch. | ||
638, Sec. 16.) | ||
[Sections 1096.159-1096.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1096.201. REVENUE BONDS. (a) The district may issue | ||
revenue bonds to provide for any district purposes. The bonds must | ||
be authorized by a board resolution adopted by a majority vote of a | ||
quorum of the board. | ||
(b) Revenue bonds must be payable from and secured by a | ||
pledge of all or part of the revenue derived from: | ||
(1) the operation of the district's hospitals; and | ||
(2) any other revenue resulting from the ownership of | ||
the hospital properties. | ||
(c) Revenue bonds may be additionally secured by a mortgage | ||
or deed of trust lien on real property of the district or by a | ||
chattel mortgage on the district's personal property, or by both. | ||
(d) The board may issue: | ||
(1) bonds that are a junior lien on the district's net | ||
revenue or property, unless prohibited by the bond resolution or | ||
trust indenture; and | ||
(2) parity bonds under conditions specified in the | ||
bond resolution or trust indenture. | ||
(e) A bond issued under this subchapter must contain the | ||
provision: "The holder hereof shall never have the right to demand | ||
payment thereof out of money raised or to be raised by taxation." | ||
(Acts 61st Leg., R.S., Ch. 638, Secs. 8, 9 (part), 11, 14 (part).) | ||
Sec. 1096.202. EXECUTION OF BONDS. District bonds must be | ||
signed by the president or vice president and countersigned by the | ||
secretary. (Acts 61st Leg., R.S., Ch. 638, Sec. 9 (part).) | ||
Sec. 1096.203. MATURITY OF BONDS. District bonds must | ||
mature not later than 40 years after their date of issuance. (Acts | ||
61st Leg., R.S., Ch. 638, Sec. 9 (part).) | ||
Sec. 1096.204. REFUNDING BONDS. The board may issue bonds | ||
for the purpose of refunding outstanding bonds in the manner | ||
provided by this subchapter for other bonds. (Acts 61st Leg., R.S., | ||
Ch. 638, Sec. 13 (part).) | ||
[Sections 1096.205-1096.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1096.251. IMPOSITION OF AD VALOREM TAX. (a) The board | ||
shall impose a tax on all property in the district subject to | ||
district taxation. | ||
(b) The tax proceeds may be used only to: | ||
(1) provide for the operation and maintenance of the | ||
district and hospital system; | ||
(2) make improvements and additions to the hospital | ||
system; or | ||
(3) acquire sites for additions to the hospital | ||
system. (Acts 61st Leg., R.S., Ch. 638, Secs. 7(a) (part), (b).) | ||
Sec. 1096.252. TAX RATE. The board shall impose the tax at | ||
a rate not to exceed 38 cents on each $100 valuation. (Acts 61st | ||
Leg., R.S., Ch. 638, Sec. 7(a) (part).) | ||
Sec. 1096.253. TAX ASSESSOR-COLLECTOR. The board may use | ||
any of the following to assess and collect district taxes: | ||
(1) the tax assessor-collector for Limestone County; | ||
(2) the tax assessor-collector for the Groesbeck | ||
Independent School District; or | ||
(3) any tax assessor-collector established by the | ||
board for the district. (Acts 61st Leg., R.S., Ch. 638, Sec. 7(d).) | ||
CHAPTER 1107. TITUS COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1107.001. DEFINITIONS | ||
Sec. 1107.002. AUTHORITY FOR OPERATION | ||
Sec. 1107.003. DISTRICT TERRITORY | ||
[Sections 1107.004-1107.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1107.051. BOARD ELECTION; TERM | ||
Sec. 1107.052. NOTICE OF ELECTION | ||
Sec. 1107.053. BALLOT PETITION | ||
Sec. 1107.054. QUALIFICATIONS FOR CANDIDACY | ||
Sec. 1107.055. BOARD VACANCY | ||
Sec. 1107.056. NONATTENDANCE | ||
Sec. 1107.057. OFFICERS | ||
Sec. 1107.058. COMPENSATION | ||
Sec. 1107.059. LIABILITY INSURANCE | ||
Sec. 1107.060. QUORUM; VOTING REQUIREMENT | ||
Sec. 1107.061. RECORDS OF PROCEEDINGS | ||
Sec. 1107.062. PERSONNEL MATTERS; CLOSED MEETING | ||
Sec. 1107.063. DISTRICT ADMINISTRATOR | ||
Sec. 1107.064. GENERAL DUTIES OF DISTRICT | ||
ADMINISTRATOR | ||
Sec. 1107.065. ASSISTANT TO DISTRICT ADMINISTRATOR | ||
Sec. 1107.066. APPOINTMENT AND RECRUITMENT OF STAFF | ||
AND EMPLOYEES | ||
Sec. 1107.067. HEALTH CARE EDUCATIONAL PROGRAMS | ||
Sec. 1107.068. LEGAL COUNSEL | ||
Sec. 1107.069. RETIREMENT PROGRAM | ||
Sec. 1107.070. SEAL | ||
[Sections 1107.071-1107.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1107.101. DISTRICT RESPONSIBILITY | ||
Sec. 1107.102. RESTRICTION ON COUNTY OR MUNICIPALITY | ||
TAXATION | ||
Sec. 1107.103. MANAGEMENT, CONTROL, AND ADMINISTRATION | ||
Sec. 1107.104. RULES | ||
Sec. 1107.105. PURCHASING AND ACCOUNTING | ||
Sec. 1107.106. DISTRICT FACILITIES | ||
Sec. 1107.107. PROMOTION OF DISTRICT SERVICES | ||
Sec. 1107.108. EMINENT DOMAIN | ||
Sec. 1107.109. GIFTS AND ENDOWMENTS | ||
Sec. 1107.110. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR CARE AND TREATMENT | ||
Sec. 1107.111. PAYMENT FOR TREATMENT; PROCEDURES | ||
Sec. 1107.112. AUTHORITY TO SUE AND BE SUED | ||
[Sections 1107.113-1107.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1107.151. BUDGET | ||
Sec. 1107.152. ANNUAL AUDIT | ||
Sec. 1107.153. FINANCIAL REPORT | ||
Sec. 1107.154. DEPOSITORY | ||
Sec. 1107.155. WARRANTS | ||
[Sections 1107.156-1107.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1107.201. BONDS | ||
Sec. 1107.202. TAX TO PAY BONDS | ||
Sec. 1107.203. BOND ELECTION | ||
Sec. 1107.204. REFUNDING BONDS | ||
Sec. 1107.205. EXECUTION OF BONDS | ||
[Sections 1107.206-1107.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1107.251. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1107.252. TAX RATE | ||
Sec. 1107.253. COLLECTION BY COUNTY TAX | ||
ASSESSOR-COLLECTOR | ||
Sec. 1107.254. ASSESSMENT AND COLLECTION BY DISTRICT | ||
TAX ASSESSOR-COLLECTOR | ||
CHAPTER 1107. TITUS COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1107.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of hospital managers of | ||
the district. | ||
(2) "District" means the Titus County Hospital | ||
District. | ||
(3) "Manager" means a member of the board. (New.) | ||
Sec. 1107.002. AUTHORITY FOR OPERATION. The Titus County | ||
Hospital District operates in accordance with Section 9, Article | ||
IX, Texas Constitution, and has the powers and responsibilities | ||
provided by that section. (Acts 58th Leg., R.S., Ch. 298, Sec. 1 | ||
(part).) | ||
Sec. 1107.003. DISTRICT TERRITORY. The boundaries of the | ||
district are coextensive with the boundaries of Titus County. | ||
(Acts 58th Leg., R.S., Ch. 298, Sec. 1 (part).) | ||
[Sections 1107.004-1107.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1107.051. BOARD ELECTION; TERM. (a) The board | ||
consists of seven voting managers and one nonvoting manager as | ||
follows: | ||
(1) one voting manager elected from each | ||
commissioners precinct of Titus County; | ||
(2) three voting managers elected from the district at | ||
large; and | ||
(3) the chief of the medical staff of the district's | ||
principal hospital serving as a nonvoting ex officio manager. | ||
(b) The election order must provide for clerks as in county | ||
elections and must specify: | ||
(1) the date of the election; | ||
(2) the location of the polling places; | ||
(3) the presiding and alternate election judges for | ||
each polling place; and | ||
(4) the form of the ballot. | ||
(c) The board shall declare the results of the election. | ||
(d) Voting managers serve staggered four-year terms. | ||
(e) An election shall be held on the uniform election date | ||
in May, or another date authorized by law, of each even-numbered | ||
year to elect the appropriate number of voting managers. (Acts 58th | ||
Leg., R.S., Ch. 298, Secs. 6b(a) (part), (b), (c) (part), 6c(b); | ||
Acts 71st Leg., R.S., Ch. 1116, Sec. 2.) | ||
Sec. 1107.052. NOTICE OF ELECTION. (a) The board shall | ||
give notice of an election of managers by publishing once a week for | ||
two consecutive weeks a substantial copy of the election order in a | ||
newspaper with general circulation in the district. | ||
(b) The first publication of the notice must appear at least | ||
30 days before the date set for the election. (Acts 58th Leg., | ||
R.S., Ch. 298, Secs. 6b(a) (part), (c) (part).) | ||
Sec. 1107.053. BALLOT PETITION. A person seeking to have | ||
the person's name printed on the ballot as a candidate for manager | ||
must file with the board secretary a petition requesting that | ||
action. The petition must: | ||
(1) be signed by at least 10 registered voters who | ||
reside in the district; | ||
(2) be filed by the deadline imposed by Section | ||
144.005, Election Code; and | ||
(3) specify the commissioners precinct the candidate | ||
seeks to represent or specify that the candidate seeks to represent | ||
the district at large. (Acts 58th Leg., R.S., Ch. 298, Sec. 6b(c) | ||
(part).) | ||
Sec. 1107.054. QUALIFICATIONS FOR CANDIDACY. (a) A | ||
candidate for manager must be a resident of the district. | ||
(b) A candidate for a commissioners precinct must be a | ||
resident of that commissioners precinct. (Acts 58th Leg., R.S., | ||
Ch. 298, Sec. 6b(c) (part).) | ||
Sec. 1107.055. BOARD VACANCY. If a vacancy occurs in the | ||
office of manager, other than the ex officio manager, the remaining | ||
managers shall appoint a manager for the unexpired term. (Acts 58th | ||
Leg., R.S., Ch. 298, Sec. 6c(f).) | ||
Sec. 1107.056. NONATTENDANCE. The failure of a manager to | ||
attend three consecutive regular board meetings causes a vacancy in | ||
the manager's office unless the absence is excused by formal action | ||
of the board. (Acts 58th Leg., R.S., Ch. 298, Sec. 6 (part).) | ||
Sec. 1107.057. OFFICERS. (a) The board shall select from | ||
among the managers a presiding officer, who shall preside over the | ||
board. | ||
(b) A presiding officer pro tem shall preside in the absence | ||
of the presiding officer. | ||
(c) The district administrator or any manager may be | ||
appointed secretary. (Acts 58th Leg., R.S., Ch. 298, Sec. 6 | ||
(part).) | ||
Sec. 1107.058. COMPENSATION. A manager serves without | ||
compensation, but the board may establish a system and set the | ||
amount of meeting fees for attending board or committee meetings. | ||
(Acts 58th Leg., R.S., Ch. 298, Sec. 6 (part).) | ||
Sec. 1107.059. LIABILITY INSURANCE. The board may purchase | ||
and provide the managers with liability insurance the board | ||
considers necessary or advisable to protect the managers from risks | ||
that might result from serving on the board. (Acts 58th Leg., R.S., | ||
Ch. 298, Sec. 6 (part).) | ||
Sec. 1107.060. QUORUM; VOTING REQUIREMENT. (a) Four | ||
managers, not including the ex officio manager, constitute a | ||
quorum. | ||
(b) A concurrence of a majority of the voting managers | ||
present is required in any matter relating to district business. | ||
(Acts 58th Leg., R.S., Ch. 298, Sec. 6c(g).) | ||
Sec. 1107.061. RECORDS OF PROCEEDINGS. (a) The board shall | ||
require the secretary to keep suitable records of all proceedings | ||
of each board meeting. | ||
(b) After each meeting: | ||
(1) the manager presiding at the meeting shall read | ||
and sign the record; and | ||
(2) the secretary shall attest the record. (Acts 58th | ||
Leg., R.S., Ch. 298, Sec. 6 (part).) | ||
Sec. 1107.062. PERSONNEL MATTERS; CLOSED MEETING. A member | ||
or prospective member of the medical staff or a person who serves or | ||
is being considered for a position as a medical director of services | ||
or departments in the district is a public officer or employee for | ||
purposes of Section 551.074, Government Code. (Acts 58th Leg., | ||
R.S., Ch. 298, Sec. 6f.) | ||
Sec. 1107.063. DISTRICT ADMINISTRATOR. (a) The board | ||
shall appoint under terms prescribed by the board a general manager | ||
qualified by training and experience as the district administrator. | ||
(b) The district administrator shall receive the | ||
compensation determined by the board. | ||
(c) The board may remove the district administrator at any | ||
time. | ||
(d) Before assuming the duties of district administrator, | ||
the administrator must execute a bond payable to the district in an | ||
amount of not less than $10,000 that: | ||
(1) is conditioned on the administrator performing | ||
well and faithfully the administrator's required duties; and | ||
(2) contains any other condition the board requires. | ||
(Acts 58th Leg., R.S., Ch. 298, Sec. 6 (part).) | ||
Sec. 1107.064. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. | ||
Subject to any limitations prescribed by the board, the district | ||
administrator shall: | ||
(1) perform the duties required by the board; | ||
(2) supervise the work and activities of the district; | ||
and | ||
(3) direct the affairs of the district. (Acts 58th | ||
Leg., R.S., Ch. 298, Sec. 6 (part).) | ||
Sec. 1107.065. ASSISTANT TO DISTRICT ADMINISTRATOR. (a) | ||
The board may designate an assistant to the district administrator | ||
to discharge a duty or function of the administrator in the event of | ||
the administrator's incapacity, absence, or inability to discharge | ||
the duty or function. | ||
(b) The assistant shall post bond and is subject to the | ||
limitations prescribed by board order. (Acts 58th Leg., R.S., Ch. | ||
298, Sec. 8.) | ||
Sec. 1107.066. APPOINTMENT AND RECRUITMENT OF STAFF AND | ||
EMPLOYEES. (a) The board may employ under terms prescribed by the | ||
board any employees as considered advisable for the efficient | ||
operation of the hospital or hospital system. | ||
(b) The board may spend district money, enter into | ||
agreements, and take other necessary action to recruit physicians | ||
and other persons to serve as the district's medical staff or | ||
employees, including: | ||
(1) advertising and marketing; | ||
(2) paying travel, recruitment, and relocation | ||
expenses; and | ||
(3) allowing a physician to use space in a district | ||
facility or paying the physician a rent subsidy until not later than | ||
the first anniversary of the date the physician is first admitted to | ||
the district's medical staff. | ||
(c) The district may provide a loan or scholarship to a | ||
person who: | ||
(1) is enrolled in health care education courses; and | ||
(2) contractually agrees to practice in or become | ||
employed by the district. (Acts 58th Leg., R.S., Ch. 298, Secs. 6 | ||
(part), 6d(a), (c).) | ||
Sec. 1107.067. HEALTH CARE EDUCATIONAL PROGRAMS. The board | ||
may spend district money, enter into agreements, and take other | ||
necessary action to conduct, participate in, or assist health care | ||
educational programs for staff members or employees or potential | ||
staff members or employees. (Acts 58th Leg., R.S., Ch. 298, Sec. | ||
6d(b).) | ||
Sec. 1107.068. LEGAL COUNSEL. (a) The appropriate county, | ||
district, or criminal district attorney charged with representing | ||
Titus County in civil matters shall represent the district in all | ||
legal matters. | ||
(b) The district shall contribute sufficient money to the | ||
Titus County general fund for the account designated for the | ||
appropriate attorney described in Subsection (a) to pay all | ||
additional salaries and expenses incurred by the attorney in | ||
performing the duties required by the district. | ||
(c) The board may employ additional legal counsel the board | ||
considers advisable. (Acts 58th Leg., R.S., Ch. 298, Secs. 1 | ||
(part), 13.) | ||
Sec. 1107.069. RETIREMENT PROGRAM. The board may: | ||
(1) contract with this state or the federal government | ||
as necessary to establish or continue a retirement program for the | ||
benefit of district employees; or | ||
(2) establish other retirement programs for the | ||
benefit of district employees as the board considers necessary and | ||
advisable. (Acts 58th Leg., R.S., Ch. 298, Secs. 6 (part), 6c(c).) | ||
Sec. 1107.070. SEAL. The board shall have a seal engraved | ||
with the district's name to authenticate the acts of the board. The | ||
board secretary shall keep the seal. (Acts 58th Leg., R.S., Ch. | ||
298, Sec. 6 (part).) | ||
[Sections 1107.071-1107.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1107.101. DISTRICT RESPONSIBILITY. The district has | ||
full responsibility for providing medical and hospital care for the | ||
district's needy and indigent residents. (Acts 58th Leg., R.S., | ||
Ch. 298, Secs. 2 (part), 14 (part).) | ||
Sec. 1107.102. RESTRICTION ON COUNTY OR MUNICIPALITY | ||
TAXATION. Titus County or a municipality in the county may not | ||
impose a tax for hospital purposes. (Acts 58th Leg., R.S., Ch. 298, | ||
Sec. 14 (part).) | ||
Sec. 1107.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. | ||
The board shall manage, control, and administer the district's | ||
hospital or hospital system. (Acts 58th Leg., R.S., Ch. 298, Sec. 6 | ||
(part).) | ||
Sec. 1107.104. RULES. The board may adopt rules for the | ||
operation of the hospital or hospital system. (Acts 58th Leg., | ||
R.S., Ch. 298, Sec. 6 (part).) | ||
Sec. 1107.105. PURCHASING AND ACCOUNTING. (a) The board | ||
may prescribe: | ||
(1) the method and manner of making purchases and | ||
expenditures by and for the district; and | ||
(2) all accounting and control procedures. | ||
(b) The district shall pay the salaries and expenses | ||
necessarily incurred by the board or by an officer or agent of the | ||
board in performing a duty prescribed or required by this chapter. | ||
(c) An officer, employee, or agent of the board shall | ||
perform any function or service prescribed by the board under this | ||
section or Section 1107.152. (Acts 58th Leg., R.S., Ch. 298, Sec. 7 | ||
(part).) | ||
Sec. 1107.106. DISTRICT FACILITIES. The board may: | ||
(1) purchase or build facilities for medical purposes; | ||
and | ||
(2) rent the facilities or space in the facilities at a | ||
rate sufficient to cover the district's cost. (Acts 58th Leg., | ||
R.S., Ch. 298, Sec. 6e(a).) | ||
Sec. 1107.107. PROMOTION OF DISTRICT SERVICES. The board | ||
may market or advertise to promote district services, the orderly | ||
operation of the district, and the appropriate delivery of health | ||
care in the district. (Acts 58th Leg., R.S., Ch. 298, Sec. 6e(b).) | ||
Sec. 1107.108. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain to acquire a fee simple or | ||
other interest in any type of property, real, personal, or mixed, | ||
located in district territory, if the interest is necessary or | ||
convenient to exercise a right, power, privilege, or function | ||
conferred on the district by this chapter. | ||
(b) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code, except the | ||
district is not required to deposit in the trial court money or a | ||
bond as provided by Section 21.021(a), Property Code. | ||
(c) In a condemnation proceeding brought by the district, | ||
the district is not required to: | ||
(1) pay in advance or provide a bond for the issuance | ||
of a temporary restraining order or a temporary injunction; or | ||
(2) provide a bond for costs or a supersedeas bond on | ||
an appeal or petition for review. (Acts 58th Leg., R.S., Ch. 298, | ||
Sec. 10.) | ||
Sec. 1107.109. GIFTS AND ENDOWMENTS. The board may accept | ||
for the district a gift or endowment to be held in trust and | ||
administered by the board for the purposes and under the | ||
directions, limitations, or provisions prescribed in writing by the | ||
donor that are not inconsistent with the proper management and | ||
objectives of the district. (Acts 58th Leg., R.S., Ch. 298, Sec. | ||
16.) | ||
Sec. 1107.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
CARE AND TREATMENT. The board may contract with: | ||
(1) any county for the care and treatment of a sick or | ||
injured person of that county; and | ||
(2) this state or a federal agency for the care and | ||
treatment of a sick or injured person for whom the state or agency | ||
is responsible. (Acts 58th Leg., R.S., Ch. 298, Secs. 6 (part), | ||
6c(c).) | ||
Sec. 1107.111. PAYMENT FOR TREATMENT; PROCEDURES. (a) | ||
When a patient from Titus County is admitted to a district facility, | ||
the district administrator shall have an inquiry made into the | ||
circumstances of: | ||
(1) the patient; and | ||
(2) the patient's relatives legally liable for the | ||
patient's support. | ||
(b) If the district administrator determines that the | ||
patient or those relatives cannot pay for all or part of the | ||
patient's care and treatment in the hospital, the amount that | ||
cannot be paid becomes a charge against the district. | ||
(c) If the district administrator determines that the | ||
patient or those relatives can pay for all or part of the patient's | ||
care and treatment, the patient or those relatives shall be ordered | ||
to pay the district a specified amount each week for the patient's | ||
support. The amount ordered must be proportionate to their | ||
financial ability and may not exceed the actual per capita cost of | ||
maintenance. | ||
(d) The district administrator may collect the amount from | ||
the patient's estate, or from those relatives legally liable for | ||
the patient's support, in the manner provided by law for the | ||
collection of expenses of the last illness of a deceased person. | ||
(e) If there is a dispute as to the ability to pay, or doubt | ||
in the mind of the district administrator, the county court shall | ||
hold a hearing and, after calling witnesses, shall: | ||
(1) resolve the dispute or doubt; and | ||
(2) issue any appropriate orders. | ||
(f) Either party to the dispute may appeal the order to the | ||
district court. (Acts 58th Leg., R.S., Ch. 298, Sec. 15.) | ||
Sec. 1107.112. AUTHORITY TO SUE AND BE SUED. The board may | ||
sue and be sued. (Acts 58th Leg., R.S., Ch. 298, Sec. 6 (part).) | ||
[Sections 1107.113-1107.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1107.151. BUDGET. (a) The district administrator, | ||
under the direction of the board, shall prepare an annual budget. | ||
(b) The budget must be approved by the board. (Acts 58th | ||
Leg., R.S., Ch. 298, Sec. 9 (part).) | ||
Sec. 1107.152. ANNUAL AUDIT. As soon as practicable after | ||
the close of each fiscal year, the board shall have an audit made of | ||
the district's books and records for the fiscal year by an | ||
independent public accountant. (Acts 58th Leg., R.S., Ch. 298, | ||
Sec. 7 (part).) | ||
Sec. 1107.153. FINANCIAL REPORT. (a) As soon as | ||
practicable after the close of each fiscal year, the district | ||
administrator shall prepare a report that includes: | ||
(1) a complete sworn statement of: | ||
(A) all money and choses in action received by | ||
the administrator; and | ||
(B) how the money and choses in action were | ||
disbursed or otherwise disposed; and | ||
(2) the details of district operation during the | ||
preceding fiscal year. | ||
(b) The district administrator shall make the report to: | ||
(1) the board; and | ||
(2) the Titus County Commissioners Court. (Acts 58th | ||
Leg., R.S., Ch. 298, Sec. 9 (part).) | ||
Sec. 1107.154. DEPOSITORY. (a) After advertising in the | ||
manner provided by Chapter 252 and Subchapter C, Chapter 262, Local | ||
Government Code, the board shall choose by competitive bidding at | ||
least one bank to serve as depository for district money. | ||
(b) All income received by the district shall be deposited | ||
in the district depository. (Acts 58th Leg., R.S., Ch. 298, Secs. | ||
3(b) (part), 11 (part).) | ||
Sec. 1107.155. WARRANTS. A warrant against district money | ||
does not require the signature of the county clerk of Titus County. | ||
(Acts 58th Leg., R.S., Ch. 298, Sec. 3(b) (part).) | ||
[Sections 1107.156-1107.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1107.201. BONDS. The board may issue and sell bonds as | ||
district obligations for any purpose relating to: | ||
(1) the purchase, construction, acquisition, repair, | ||
or renovation of buildings and improvements; and | ||
(2) equipping buildings and improvements for hospital | ||
purposes. (Acts 58th Leg., R.S., Ch. 298, Secs. 4 (part), 6c(e) | ||
(part).) | ||
Sec. 1107.202. TAX TO PAY BONDS. (a) An ad valorem tax | ||
shall be imposed at a rate sufficient to create an interest and | ||
sinking fund to pay the principal of and interest on bonds issued | ||
under Section 1107.201 as the bonds mature. | ||
(b) The tax required by this section together with any other | ||
ad valorem tax imposed for the district may not in any year exceed | ||
75 cents on each $100 valuation of taxable property in the district. | ||
(Acts 58th Leg., R.S., Ch. 298, Sec. 4 (part).) | ||
Sec. 1107.203. BOND ELECTION. The district may issue bonds | ||
only if the bonds are authorized by a majority of the district | ||
voters voting at an election called by the board and held in | ||
accordance with the provisions of Chapter 1251, Government Code, | ||
relating to county bonds. (Acts 58th Leg., R.S., Ch. 298, Secs. 4 | ||
(part), 6c(e) (part).) | ||
Sec. 1107.204. REFUNDING BONDS. (a) District refunding | ||
bonds may be issued without an election and in the manner provided | ||
by this subchapter to refund outstanding indebtedness issued or | ||
assumed by the district. | ||
(b) A refunding bond may be: | ||
(1) sold, with the proceeds of the refunding bond | ||
applied to the payment of outstanding bonds; or | ||
(2) exchanged wholly or partly for not less than a | ||
similar amount of outstanding bonds and the unpaid matured interest | ||
on the bonds. (Acts 58th Leg., R.S., Ch. 298, Sec. 4 (part).) | ||
Sec. 1107.205. EXECUTION OF BONDS. The board's presiding | ||
officer shall execute the district's bonds in the district's name | ||
and the board secretary shall countersign the bonds in the manner | ||
provided by Chapter 618, Government Code. (Acts 58th Leg., R.S., | ||
Ch. 298, Secs. 4 (part), 6c(e) (part).) | ||
[Sections 1107.206-1107.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1107.251. IMPOSITION OF AD VALOREM TAX. (a) The board | ||
shall impose a tax on all property in the district subject to | ||
district taxation. | ||
(b) The board shall impose the tax to: | ||
(1) pay the interest on and create a sinking fund for | ||
bonds assumed or issued by the district for hospital purposes as | ||
provided by this chapter; | ||
(2) provide for the operation and maintenance of the | ||
hospital or hospital system; and | ||
(3) make improvements and additions to the hospital | ||
system and acquire necessary sites for improvements and additions | ||
by purchase, lease, or condemnation. (Acts 58th Leg., R.S., Ch. | ||
298, Secs. 3(a) (part), 6c(d).) | ||
Sec. 1107.252. TAX RATE. The board shall impose the tax at | ||
a rate not to exceed 75 cents on each $100 valuation of all property | ||
in the district subject to district taxation. (Acts 58th Leg., | ||
R.S., Ch. 298, Sec. 3(a) (part).) | ||
Sec. 1107.253. COLLECTION BY COUNTY TAX | ||
ASSESSOR-COLLECTOR. Unless the board elects to have district taxes | ||
assessed and collected by its own tax assessor-collector under | ||
Section 1107.254, the tax assessor-collector of Titus County shall | ||
assess and collect taxes imposed by the district. (Acts 58th Leg., | ||
R.S., Ch. 298, Sec. 3(b) (part).) | ||
Sec. 1107.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX | ||
ASSESSOR-COLLECTOR. (a) The board may elect to employ a tax | ||
assessor-collector to assess and collect district taxes by adopting | ||
an appropriate resolution before December 1 of any year. The | ||
election remains in effect until revoked by a resolution adopted by | ||
the board. | ||
(b) The district tax assessor-collector must reside in the | ||
district. | ||
(c) The board shall set the term of employment and | ||
compensation for the district tax assessor-collector. (Acts 58th | ||
Leg., R.S., Ch. 298, Sec. 3(c) (part).) | ||
CHAPTER 1109. TYLER COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1109.001. DEFINITIONS | ||
Sec. 1109.002. AUTHORITY FOR OPERATION | ||
Sec. 1109.003. ESSENTIAL PUBLIC FUNCTION | ||
Sec. 1109.004. DISTRICT TERRITORY | ||
[Sections 1109.005-1109.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1109.051. BOARD APPOINTMENT; TERM | ||
Sec. 1109.052. QUALIFICATIONS FOR OFFICE | ||
Sec. 1109.053. BOARD VACANCY | ||
Sec. 1109.054. NONATTENDANCE | ||
Sec. 1109.055. OFFICERS | ||
Sec. 1109.056. COMPENSATION; EXPENSES | ||
Sec. 1109.057. DISTRICT ADMINISTRATOR | ||
Sec. 1109.058. GENERAL DUTIES OF DISTRICT | ||
ADMINISTRATOR | ||
Sec. 1109.059. ASSISTANT DISTRICT ADMINISTRATOR; | ||
ATTORNEY | ||
Sec. 1109.060. APPOINTMENT AND REMOVAL OF STAFF AND | ||
EMPLOYEES | ||
Sec. 1109.061. RETIREMENT BENEFITS | ||
Sec. 1109.062. SEAL | ||
[Sections 1109.063-1109.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1109.101. DISTRICT RESPONSIBILITY | ||
Sec. 1109.102. RESTRICTION ON COUNTY OR MUNICIPALITY | ||
TAXATION | ||
Sec. 1109.103. MANAGEMENT, CONTROL, AND ADMINISTRATION | ||
Sec. 1109.104. HOSPITAL OR HOSPITAL SYSTEM | ||
Sec. 1109.105. RULES | ||
Sec. 1109.106. PURCHASING AND ACCOUNTING | ||
Sec. 1109.107. DISTRICT PROPERTY, FACILITIES, AND | ||
EQUIPMENT | ||
Sec. 1109.108. EMINENT DOMAIN | ||
Sec. 1109.109. GIFTS AND ENDOWMENTS | ||
Sec. 1109.110. CONSTRUCTION CONTRACTS | ||
Sec. 1109.111. OPERATING AND MANAGEMENT CONTRACTS | ||
Sec. 1109.112. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR CARE AND TREATMENT | ||
Sec. 1109.113. PAYMENT FOR TREATMENT; PROCEDURES | ||
Sec. 1109.114. REIMBURSEMENT FOR SERVICES | ||
Sec. 1109.115. AUTHORITY TO SUE AND BE SUED | ||
[Sections 1109.116-1109.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1109.151. BUDGET | ||
Sec. 1109.152. NOTICE; HEARING; ADOPTION OF BUDGET | ||
Sec. 1109.153. AMENDMENTS TO BUDGET | ||
Sec. 1109.154. FISCAL YEAR | ||
Sec. 1109.155. ANNUAL AUDIT | ||
Sec. 1109.156. FINANCIAL REPORT | ||
Sec. 1109.157. DEPOSITORY | ||
Sec. 1109.158. INVESTMENTS | ||
Sec. 1109.159. AUTHORITY TO BORROW MONEY; SECURITY | ||
[Sections 1109.160-1109.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1109.201. GENERAL OBLIGATION BONDS | ||
Sec. 1109.202. TAX TO PAY GENERAL OBLIGATION BONDS | ||
Sec. 1109.203. GENERAL OBLIGATION BOND ELECTION | ||
Sec. 1109.204. EXECUTION OF GENERAL OBLIGATION BONDS | ||
Sec. 1109.205. REVENUE BONDS | ||
Sec. 1109.206. REFUNDING BONDS | ||
Sec. 1109.207. MATURITY OF BONDS | ||
Sec. 1109.208. EXECUTION OF BONDS | ||
Sec. 1109.209. BONDS EXEMPT FROM TAXATION | ||
[Sections 1109.210-1109.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1109.251. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1109.252. TAX RATE | ||
Sec. 1109.253. TAX ASSESSOR-COLLECTOR | ||
[Sections 1109.254-1109.300 reserved for expansion] | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 1109.301. DISSOLUTION; ELECTION | ||
Sec. 1109.302. NOTICE OF ELECTION | ||
Sec. 1109.303. BALLOT | ||
Sec. 1109.304. ELECTION RESULTS | ||
Sec. 1109.305. TRANSFER OR ADMINISTRATION OF ASSETS | ||
Sec. 1109.306. SALE OR TRANSFER OF ASSETS AND | ||
LIABILITIES | ||
Sec. 1109.307. IMPOSITION OF TAX AND RETURN OF SURPLUS | ||
TAXES | ||
Sec. 1109.308. REPORT; DISSOLUTION ORDER | ||
CHAPTER 1109. TYLER COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1109.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of hospital managers of | ||
the district. | ||
(2) "Commissioners court" means the Commissioners | ||
Court of Tyler County. | ||
(3) "District" means the Tyler County Hospital | ||
District. | ||
(4) "Manager" means a member of the board. (New.) | ||
Sec. 1109.002. AUTHORITY FOR OPERATION. The Tyler County | ||
Hospital District operates in accordance with Section 9, Article | ||
IX, Texas Constitution, and has the powers and responsibilities | ||
provided by that section. (Acts 58th Leg., R.S., Ch. 110, Sec. 1 | ||
(part).) | ||
Sec. 1109.003. ESSENTIAL PUBLIC FUNCTION. The district is | ||
a public entity performing an essential public function. (Acts | ||
58th Leg., R.S., Ch. 110, Sec. 4(e) (part).) | ||
Sec. 1109.004. DISTRICT TERRITORY. The boundaries of the | ||
district are coextensive with the boundaries of Tyler County. | ||
(Acts 58th Leg., R.S., Ch. 110, Sec. 1 (part).) | ||
[Sections 1109.005-1109.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1109.051. BOARD APPOINTMENT; TERM. (a) The board | ||
consists of: | ||
(1) six managers appointed by the commissioners court; | ||
and | ||
(2) the county judge of Tyler County as an ex officio | ||
manager. | ||
(b) Appointed managers serve two-year terms. The terms may | ||
overlap. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(a) (part).) | ||
Sec. 1109.052. QUALIFICATIONS FOR OFFICE. (a) To serve as | ||
a manager, a person must be a resident and qualified voter of the | ||
district. | ||
(b) A district employee may not serve as a manager. (Acts | ||
58th Leg., R.S., Ch. 110, Sec. 6(a) (part).) | ||
Sec. 1109.053. BOARD VACANCY. The commissioners court | ||
shall fill a vacancy on the board by appointment. (Acts 58th Leg., | ||
R.S., Ch. 110, Sec. 6(a) (part).) | ||
Sec. 1109.054. NONATTENDANCE. The failure of a manager to | ||
attend three consecutive regular board meetings causes a vacancy in | ||
the manager's office unless the absence is excused by formal action | ||
of the board. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(a) (part).) | ||
Sec. 1109.055. OFFICERS. (a) The board shall elect from | ||
among its members a president, who shall preside, and a vice | ||
president, who shall preside in the president's absence. | ||
(b) The board shall appoint a secretary, who need not be a | ||
manager. | ||
(c) Each officer serves a one-year term. | ||
(d) The board shall fill a vacancy in a board office for the | ||
unexpired term. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(h) (part).) | ||
Sec. 1109.056. COMPENSATION; EXPENSES. A manager serves | ||
without compensation but may be reimbursed for actual and necessary | ||
travel and other expenses incurred in the performance of the | ||
manager's duties as determined by the board. The reimbursed | ||
expenses must be reported in the district's records. (Acts 58th | ||
Leg., R.S., Ch. 110, Sec. 6(a) (part).) | ||
Sec. 1109.057. DISTRICT ADMINISTRATOR. (a) The board may | ||
appoint a person qualified by training and experience as district | ||
administrator. | ||
(b) The district administrator serves at the will of the | ||
board and receives compensation as may be determined by the board. | ||
(c) The board may require the district administrator, | ||
before assuming the administrator's duties, to execute a bond | ||
payable to the district in an amount set by the board of not less | ||
than $5,000 that: | ||
(1) is conditioned on the faithful performance of the | ||
administrator's duties; and | ||
(2) contains other conditions the board may require. | ||
(Acts 58th Leg., R.S., Ch. 110, Sec. 6(b) (part).) | ||
Sec. 1109.058. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. | ||
Subject to any limitations prescribed by the board, the district | ||
administrator shall: | ||
(1) perform the duties required by the board; | ||
(2) supervise the work and activities of the district; | ||
and | ||
(3) direct the affairs of the district. (Acts 58th | ||
Leg., R.S., Ch. 110, Sec. 6(b) (part).) | ||
Sec. 1109.059. ASSISTANT DISTRICT ADMINISTRATOR; ATTORNEY. | ||
(a) The board may appoint an assistant district administrator and | ||
an attorney. | ||
(b) The assistant district administrator and the attorney | ||
serve at the will of the board and receive compensation as may be | ||
determined by the board. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(b) | ||
(part).) | ||
Sec. 1109.060. APPOINTMENT AND REMOVAL OF STAFF AND | ||
EMPLOYEES. (a) The board may appoint to and remove from the staff | ||
any doctors and employ any other employees considered advisable for | ||
the efficient operation of the district's hospital or hospital | ||
system. | ||
(b) The board may delegate to the district administrator the | ||
authority to hire employees. | ||
(c) The board may spend district money to recruit | ||
physicians, nurses, and other trained medical personnel. The board | ||
may pay the tuition or other expenses of a full-time medical student | ||
or other student in a health occupation who: | ||
(1) is enrolled in and is in good standing at an | ||
accredited medical school, college, or university; and | ||
(2) contractually agrees to become a district employee | ||
or independent contractor in return for that assistance. (Acts | ||
58th Leg., R.S., Ch. 110, Secs. 6(c), (d) (part).) | ||
Sec. 1109.061. RETIREMENT BENEFITS. The board may provide | ||
retirement benefits for district employees by: | ||
(1) establishing or administering a retirement | ||
program; or | ||
(2) participating in: | ||
(A) the Texas County and District Retirement | ||
System; or | ||
(B) another statewide retirement system in which | ||
the district is eligible to participate. (Acts 58th Leg., R.S., Ch. | ||
110, Sec. 6(d) (part).) | ||
Sec. 1109.062. SEAL. The board shall have a seal engraved | ||
with the district's name to authenticate the acts of the board. The | ||
board secretary shall keep the seal. (Acts 58th Leg., R.S., Ch. | ||
110, Sec. 6(h) (part).) | ||
[Sections 1109.063-1109.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1109.101. DISTRICT RESPONSIBILITY. The district has | ||
full responsibility for providing medical and hospital care for the | ||
district's needy and indigent residents. (Acts 58th Leg., R.S., | ||
Ch. 110, Secs. 2 (part), 14 (part).) | ||
Sec. 1109.102. RESTRICTION ON COUNTY OR MUNICIPALITY | ||
TAXATION. Tyler County or a municipality in the county may not | ||
impose a tax for hospital purposes. (Acts 58th Leg., R.S., Ch. 110, | ||
Secs. 1 (part), 14 (part).) | ||
Sec. 1109.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. | ||
The board shall manage, control, and administer: | ||
(1) the district's hospital or hospital system; and | ||
(2) the district's business, funds, and resources. | ||
(Acts 58th Leg., R.S., Ch. 110, Sec. 6(a) (part).) | ||
Sec. 1109.104. HOSPITAL OR HOSPITAL SYSTEM. (a) The | ||
district shall provide for the establishment, administration, | ||
maintenance, operation, and financing of a hospital or hospital | ||
system in the district. | ||
(b) The district may provide any services or facilities | ||
necessary for hospital or medical care, including: | ||
(1) rural health clinics; | ||
(2) outpatient clinics; | ||
(3) nursing homes; | ||
(4) home health care agencies; | ||
(5) extended care facilities; | ||
(6) assisted living or personal care facilities; and | ||
(7) retirement, housing, and medical office | ||
buildings. (Acts 58th Leg., R.S., Ch. 110, Sec. 2 (part).) | ||
Sec. 1109.105. RULES. The board may adopt rules for the | ||
operation of the hospital or hospital system. (Acts 58th Leg., | ||
R.S., Ch. 110, Sec. 6(a) (part).) | ||
Sec. 1109.106. PURCHASING AND ACCOUNTING. (a) The board | ||
may prescribe: | ||
(1) the method and manner of making purchases and | ||
expenditures by and for the district; and | ||
(2) all accounting and control procedures. | ||
(b) The district shall pay the salaries and expenses | ||
necessarily incurred by the board or by an officer or agent of the | ||
board in performing a duty prescribed or required by this section or | ||
Section 1109.155. | ||
(c) An officer, employee, or agent of the board shall | ||
perform any function or service prescribed by the board under this | ||
section or Section 1109.155. (Acts 58th Leg., R.S., Ch. 110, Sec. 7 | ||
(part).) | ||
Sec. 1109.107. DISTRICT PROPERTY, FACILITIES, AND | ||
EQUIPMENT. (a) The board shall determine: | ||
(1) the type, number, and location of buildings | ||
required to maintain an adequate hospital system; and | ||
(2) the type of equipment necessary for hospital care. | ||
(b) The board may: | ||
(1) acquire by purchase or lease property, including | ||
facilities and equipment, for the district to use in the hospital | ||
system; and | ||
(2) mortgage or pledge the property as security for | ||
the payment of the purchase price. | ||
(c) The board may lease district hospital facilities to or | ||
from individuals, companies, corporations, or other legal | ||
entities. | ||
(d) The board may sell or otherwise dispose of property, | ||
including facilities and equipment. (Acts 58th Leg., R.S., Ch. | ||
110, Sec. 6(e) (part).) | ||
Sec. 1109.108. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain to acquire a fee simple or | ||
other interest in any type of property, real, personal, or mixed, | ||
located in district territory, if the interest is necessary or | ||
convenient to exercise a right, power, privilege, or function | ||
conferred on the district by this chapter. | ||
(b) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code, except the | ||
district is not required to deposit in the trial court money or a | ||
bond as required by Section 21.021(a), Property Code. | ||
(c) In a condemnation proceeding brought by the district, | ||
the district is not required to: | ||
(1) pay in advance or provide a bond for the issuance | ||
of a temporary restraining order or a temporary injunction; or | ||
(2) provide a bond for costs or a supersedeas bond on | ||
an appeal or petition for review. (Acts 58th Leg., R.S., Ch. 110, | ||
Sec. 10.) | ||
Sec. 1109.109. GIFTS AND ENDOWMENTS. The board may accept | ||
for the district a gift or endowment to be held in trust and | ||
administered by the board for the purposes and under the | ||
directions, limitations, or provisions prescribed in writing by the | ||
donor that are not inconsistent with the proper management and | ||
objectives of the district. (Acts 58th Leg., R.S., Ch. 110, Sec. | ||
16.) | ||
Sec. 1109.110. CONSTRUCTION CONTRACTS. The board may enter | ||
into construction contracts for the district. (Acts 58th Leg., | ||
R.S., Ch. 110, Sec. 6(e) (part).) | ||
Sec. 1109.111. OPERATING AND MANAGEMENT CONTRACTS. The | ||
board may enter into an operating or management contract relating | ||
to a hospital facility. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(e) | ||
(part).) | ||
Sec. 1109.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
CARE AND TREATMENT. The board, with the approval of the | ||
commissioners court, may contract with: | ||
(1) any county for the care and treatment of a sick or | ||
injured person of that county; and | ||
(2) this state or a federal agency for the care and | ||
treatment of a sick or injured person for whom the state or agency | ||
is responsible. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(g) (part).) | ||
Sec. 1109.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) | ||
When a patient who resides in the district is admitted to a district | ||
facility, the district administrator shall have an inquiry made | ||
into the financial circumstances of: | ||
(1) the patient; and | ||
(2) the patient's relatives legally responsible for | ||
the patient's support. | ||
(b) The district without charge shall provide to a patient | ||
who resides in the district the care and treatment for which the | ||
patient or those relatives cannot pay. | ||
(c) If the district administrator determines that the | ||
patient or those relatives cannot pay for all or part of the | ||
patient's care and treatment in the hospital, the amount of the | ||
costs that cannot be paid becomes a charge against the district. | ||
(d) If the district administrator determines that the | ||
patient or those relatives can pay for all or part of the care and | ||
treatment provided by the district, the district administrator | ||
shall report that determination to the board, and the board shall | ||
issue an order directing the patient or those relatives to pay the | ||
district a specified amount each week for the patient's support. | ||
The amount ordered must be proportionate to the person's financial | ||
ability and may not exceed the actual per capita cost of | ||
maintenance. | ||
(e) The district administrator may collect the amount from | ||
the patient's estate, or from any relative legally responsible for | ||
the patient's support, in the manner provided by law for the | ||
collection of expenses of the last illness of a deceased person. | ||
(f) If there is a dispute as to the ability to pay, or doubt | ||
in the mind of the district administrator concerning the ability to | ||
pay, the county court shall hold a hearing and, after calling | ||
witnesses, shall: | ||
(1) resolve the dispute or doubt; and | ||
(2) issue any appropriate order. | ||
(g) Either party to the dispute may appeal the order to the | ||
district court. (Acts 58th Leg., R.S., Ch. 110, Secs. 15(a) (part), | ||
(b).) | ||
Sec. 1109.114. REIMBURSEMENT FOR SERVICES. (a) The board | ||
shall require a county, municipality, or public hospital located | ||
outside the district to reimburse the district for the district's | ||
care or treatment of a sick or injured person for whom that county, | ||
municipality, or public hospital has an obligation to provide care, | ||
as provided by Chapter 61, Health and Safety Code. | ||
(b) The board shall seek reimbursement under Article | ||
104.002, Code of Criminal Procedure, for the district's care or | ||
treatment of a person who is confined in a Tyler County jail | ||
facility and is not a district resident. (Acts 58th Leg., R.S., Ch. | ||
110, Sec. 6(g) (part).) | ||
Sec. 1109.115. AUTHORITY TO SUE AND BE SUED. The board may | ||
sue and be sued. (Acts 58th Leg., R.S., Ch. 110, Sec. 6(a) (part).) | ||
[Sections 1109.116-1109.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1109.151. BUDGET. (a) The district administrator, | ||
under the direction of the board, shall prepare a proposed annual | ||
budget. | ||
(b) The budget must be approved by the board. (Acts 58th | ||
Leg., R.S., Ch. 110, Sec. 9(b) (part).) | ||
Sec. 1109.152. NOTICE; HEARING; ADOPTION OF BUDGET. (a) | ||
The board shall publish notice of a public hearing on the proposed | ||
annual budget. The notice must be published in a newspaper of | ||
general circulation in the district one time before the 10th day | ||
before the date of the hearing. | ||
(b) The board shall adopt a budget by acting on the budget | ||
proposed by the district administrator. | ||
(c) The budget is effective only after adoption by the | ||
board. (Acts 58th Leg., R.S., Ch. 110, Sec. 9(b) (part).) | ||
Sec. 1109.153. AMENDMENTS TO BUDGET. The budget may be | ||
amended on the board's approval. (Acts 58th Leg., R.S., Ch. 110, | ||
Sec. 9(b) (part).) | ||
Sec. 1109.154. FISCAL YEAR. (a) The district operates | ||
according to a fiscal year established by the board. | ||
(b) The fiscal year may not be changed: | ||
(1) when revenue bonds are outstanding; or | ||
(2) more than once in a 24-month period. (Acts 58th | ||
Leg., R.S., Ch. 110, Sec. 8.) | ||
Sec. 1109.155. ANNUAL AUDIT. As soon as practicable after | ||
the close of each fiscal year, the board shall have an audit made of | ||
the district's financial condition for the fiscal year by an | ||
independent public accountant. (Acts 58th Leg., R.S., Ch. 110, | ||
Sec. 7 (part).) | ||
Sec. 1109.156. FINANCIAL REPORT. (a) As soon as | ||
practicable after the close of each fiscal year, the district | ||
administrator shall prepare a report that includes: | ||
(1) a complete sworn statement of: | ||
(A) all money and choses in action received by | ||
the administrator; and | ||
(B) how the money and choses in action were | ||
disbursed or otherwise disposed; and | ||
(2) the details of district operation during the | ||
preceding fiscal year. | ||
(b) The district administrator shall make the report to: | ||
(1) the board; and | ||
(2) the commissioners court. (Acts 58th Leg., R.S., | ||
Ch. 110, Sec. 9(a).) | ||
Sec. 1109.157. DEPOSITORY. Every two years, the board | ||
shall select a depository for the district to secure all district | ||
money in the manner provided for securing county funds. (Acts 58th | ||
Leg., R.S., Ch. 110, Sec. 11 (part).) | ||
Sec. 1109.158. INVESTMENTS. The board may purchase, sell, | ||
and invest district funds in investments authorized by Chapter | ||
2256, Government Code. (Acts 58th Leg., R.S., Ch. 110, Sec. 11 | ||
(part).) | ||
Sec. 1109.159. AUTHORITY TO BORROW MONEY; SECURITY. (a) | ||
The board may borrow money at a rate not to exceed the maximum | ||
annual percentage rate allowed by law for district obligations at | ||
the time the loan is made if the board declares that: | ||
(1) money is not available to meet authorized | ||
obligations of the district; and | ||
(2) an emergency exists. | ||
(b) To secure a loan, the board may pledge: | ||
(1) district revenue that is not pledged to pay the | ||
district's bonded indebtedness; | ||
(2) a district tax to be imposed by the district in the | ||
next 12-month period that is not pledged to pay the principal of or | ||
interest on district bonds; or | ||
(3) a district bond that has been authorized but not | ||
sold. | ||
(c) A loan for which taxes or bonds are pledged must mature | ||
not later than the first anniversary of the date the loan is made. A | ||
loan for which district revenue is pledged must mature not later | ||
than the fifth anniversary of the date the loan is made. | ||
(d) The board may not spend money obtained from a loan under | ||
this section for any purpose other than: | ||
(1) the purpose for which the board declared an | ||
emergency; and | ||
(2) if district taxes or bonds are pledged to pay the | ||
loan, the purposes for which the taxes were imposed or the bonds | ||
were authorized. (Acts 58th Leg., R.S., Ch. 110, Sec. 21.) | ||
[Sections 1109.160-1109.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1109.201. GENERAL OBLIGATION BONDS. The commissioners | ||
court may issue and sell general obligation bonds of the district | ||
for any purpose relating to: | ||
(1) purchasing, constructing, acquiring, repairing, | ||
or renovating buildings and improvements; | ||
(2) equipping buildings and improvements; | ||
(3) acquiring or operating a mobile emergency medical | ||
service; and | ||
(4) hospital purposes. (Acts 58th Leg., R.S., Ch. | ||
110, Sec. 4(a) (part).) | ||
Sec. 1109.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) An | ||
ad valorem tax shall be imposed at a rate sufficient to create an | ||
interest and sinking fund to pay the principal of and interest on | ||
bonds issued under Section 1109.201 as the bonds mature. | ||
(b) The tax required by this section together with any other | ||
ad valorem tax imposed for the district may not in any year exceed | ||
75 cents on each $100 valuation of all taxable property in the | ||
district. (Acts 58th Leg., R.S., Ch. 110, Sec. 4(a) (part).) | ||
Sec. 1109.203. GENERAL OBLIGATION BOND ELECTION. (a) The | ||
district may issue general obligation bonds only if the bonds are | ||
authorized by a majority of the district voters voting at an | ||
election held in accordance with the provisions of Chapter 1251, | ||
Government Code, relating to county bonds. | ||
(b) The commissioners court: | ||
(1) may call the election on its own motion; or | ||
(2) shall call the election at the request of the | ||
board. | ||
(c) The cost of the bond election is a charge on the | ||
district, and the district must provide for the payment of the bond | ||
election costs before the commissioners court is required to order | ||
an election. (Acts 58th Leg., R.S., Ch. 110, Sec. 4(a) (part).) | ||
Sec. 1109.204. EXECUTION OF GENERAL OBLIGATION BONDS. (a) | ||
The county judge of Tyler County shall execute the general | ||
obligation bonds in the district's name. | ||
(b) The county clerk of Tyler County shall countersign the | ||
bonds. (Acts 58th Leg., R.S., Ch. 110, Sec. 4(a) (part).) | ||
Sec. 1109.205. REVENUE BONDS. (a) The district may issue | ||
revenue bonds to: | ||
(1) purchase, construct, acquire, repair, or renovate | ||
buildings and improvements; | ||
(2) equip buildings and improvements for the hospital | ||
or hospital system; | ||
(3) acquire sites to be used for hospital purposes; or | ||
(4) acquire and operate a mobile emergency medical | ||
service to assist the district in carrying out its purposes. | ||
(b) The bonds must be payable from and secured by a pledge of | ||
all or part of the revenue derived from the operation of the | ||
district's hospital system. | ||
(c) The bonds may be additionally secured by a mortgage or | ||
deed of trust lien on all or part of the district property. | ||
(d) The district shall issue revenue bonds in the manner | ||
provided by Sections 264.042, 264.043, 264.046, 264.047, 264.048, | ||
and 264.049, Health and Safety Code. (Acts 58th Leg., R.S., Ch. | ||
110, Sec. 4(c).) | ||
Sec. 1109.206. REFUNDING BONDS. (a) The district may, | ||
without an election, issue refunding bonds to refund any bonds | ||
issued or assumed by the district. | ||
(b) A refunding bond may be: | ||
(1) sold, with the proceeds of the refunding bond | ||
applied to the payment of the outstanding bonds; or | ||
(2) exchanged wholly or partly for not less than a | ||
similar principal amount of the outstanding bonds. (Acts 58th | ||
Leg., R.S., Ch. 110, Secs. 4(a) (part), (b) (part).) | ||
Sec. 1109.207. MATURITY OF BONDS. District bonds must | ||
mature not later than 40 years after the date of issuance. (Acts | ||
58th Leg., R.S., Ch. 110, Sec. 4(g) (part).) | ||
Sec. 1109.208. EXECUTION OF BONDS. The board president | ||
shall execute district bonds in the district's name, and the board | ||
secretary shall countersign the bonds in the manner provided by | ||
Chapter 618, Government Code. (Acts 58th Leg., R.S., Ch. 110, Sec. | ||
4(d).) | ||
Sec. 1109.209. BONDS EXEMPT FROM TAXATION. The following | ||
are exempt from taxation by this state or a political subdivision of | ||
this state: | ||
(1) bonds issued by the district; | ||
(2) any transaction relating to the bonds; and | ||
(3) profits made in the sale of the bonds. (Acts 58th | ||
Leg., R.S., Ch. 110, Sec. 4(e) (part).) | ||
[Sections 1109.210-1109.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1109.251. IMPOSITION OF AD VALOREM TAX. (a) The | ||
commissioners court shall impose a tax for the benefit of the | ||
district on all property in the district subject to district | ||
taxation. | ||
(b) The commissioners court shall impose the tax to: | ||
(1) pay the interest on and create a sinking fund for | ||
general obligation bonds assumed or issued by the district for | ||
hospital purposes as provided by this chapter; | ||
(2) provide for the operation and maintenance of the | ||
hospital or hospital system; and | ||
(3) when requested by the board and approved by the | ||
commissioners court, make improvements and additions to the | ||
hospital system, and acquire necessary sites for the hospital | ||
system by purchase, lease, or condemnation. | ||
(c) The district may not impose a tax to pay the principal of | ||
or interest on revenue bonds. (Acts 58th Leg., R.S., Ch. 110, Secs. | ||
3 (part), 4(f) (part).) | ||
Sec. 1109.252. TAX RATE. The commissioners court shall | ||
impose the tax at a rate not to exceed 75 cents on each $100 | ||
valuation of all taxable property in the district. (Acts 58th Leg., | ||
R.S., Ch. 110, Sec. 3 (part).) | ||
Sec. 1109.253. TAX ASSESSOR-COLLECTOR. The board may | ||
provide for the appointment of a tax assessor-collector for the | ||
district or may contract for the assessment and collection of taxes | ||
as provided by the Tax Code. (Acts 58th Leg., R.S., Ch. 110, Sec. | ||
4(f) (part).) | ||
[Sections 1109.254-1109.300 reserved for expansion] | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 1109.301. DISSOLUTION; ELECTION. (a) The district | ||
may be dissolved only on approval of a majority of the district | ||
voters voting in an election held for that purpose. | ||
(b) The board may order an election on the question of | ||
dissolving the district and disposing of the district's assets and | ||
obligations. | ||
(c) The board shall order an election if the board receives | ||
a petition requesting an election that is signed by at least 15 | ||
percent of the registered district voters. | ||
(d) The order calling the election must state: | ||
(1) the nature of the election, including the | ||
proposition to appear on the ballot; | ||
(2) the date of the election; | ||
(3) the hours during which the polls will be open; and | ||
(4) the location of the polling places. | ||
(e) Section 41.001(a), Election Code, does not apply to an | ||
election ordered under this section. (Acts 58th Leg., R.S., Ch. | ||
110, Secs. 22(a), (b) (part).) | ||
Sec. 1109.302. NOTICE OF ELECTION. (a) The board shall | ||
give notice of an election under this subchapter by publishing once | ||
a week for two consecutive weeks a copy of the election order in a | ||
newspaper with general circulation in the district. | ||
(b) The first publication of notice must appear before the | ||
35th day before the date set for the election. (Acts 58th Leg., | ||
R.S., Ch. 110, Sec. 22(c) (part).) | ||
Sec. 1109.303. BALLOT. The ballot for an election under | ||
this subchapter must be printed to permit voting for or against the | ||
proposition: "The dissolution of the Tyler County Hospital | ||
District." (Acts 58th Leg., R.S., Ch. 110, Sec. 22(c) (part).) | ||
Sec. 1109.304. ELECTION RESULTS. (a) If a majority of the | ||
district voters favor dissolution, the board shall find that the | ||
district is dissolved. | ||
(b) If the board finds that the election results do not | ||
favor the proposition to dissolve the district, another dissolution | ||
election may not be held before the first anniversary of the date of | ||
the most recent election to dissolve the district. (Acts 58th Leg., | ||
R.S., Ch. 110, Secs. 22(d) (part), (g).) | ||
Sec. 1109.305. TRANSFER OR ADMINISTRATION OF ASSETS. (a) | ||
If a majority of the district voters favor dissolution, the board | ||
shall: | ||
(1) transfer the land, buildings, improvements, | ||
equipment, and other assets that belong to the district to Tyler | ||
County or another governmental entity in Tyler County; or | ||
(2) administer the property, assets, and debts until | ||
all money has been disposed of and all district debts have been paid | ||
or settled. | ||
(b) If the board makes the transfer under Subsection (a)(1), | ||
the county or entity assumes all debts and obligations of the | ||
district at the time of the transfer, and the district is dissolved. | ||
(Acts 58th Leg., R.S., Ch. 110, Secs. 22(d) (part), (f).) | ||
Sec. 1109.306. SALE OR TRANSFER OF ASSETS AND LIABILITIES. | ||
(a) Notwithstanding any other provision of this subchapter, the | ||
district may not be dissolved unless the board provides for the sale | ||
or transfer of the district's assets and liabilities to another | ||
person. | ||
(b) The dissolution of the district and the sale or transfer | ||
of the district's assets or liabilities may not: | ||
(1) contravene a trust indenture or bond resolution | ||
relating to the district's outstanding bonds; or | ||
(2) diminish or impair the rights of a holder of an | ||
outstanding bond, warrant, or other obligation of the district. | ||
(c) The sale or transfer of the district's assets and | ||
liabilities must satisfy the debt and bond obligations of the | ||
district in a manner that protects the interests of district | ||
residents, including the residents' collective property rights in | ||
the district's assets. | ||
(d) The district may transfer or dispose of the district's | ||
assets only for due compensation, unless the transfer is made to | ||
another governmental agency embracing the district and using the | ||
transferred assets for the benefit of residents formerly in the | ||
district. | ||
(e) A grant from federal funds is an obligation to be repaid | ||
in satisfaction. (Acts 58th Leg., R.S., Ch. 110, Secs. 22(k), (l).) | ||
Sec. 1109.307. IMPOSITION OF TAX AND RETURN OF SURPLUS | ||
TAXES. (a) After the board finds that the district is dissolved, | ||
the board shall: | ||
(1) determine the debt owed by the district; and | ||
(2) impose on the property included in the district's | ||
tax roll a tax that is in proportion of the debt to the property | ||
value. | ||
(b) On the payment of all outstanding debts and obligations | ||
of the district, the board shall order the board secretary to return | ||
to each district taxpayer the taxpayer's pro rata share of all | ||
unused tax money. | ||
(c) A taxpayer may request that the taxpayer's share of | ||
surplus tax money be credited to the taxpayer's county taxes. If a | ||
taxpayer requests the credit, the board shall direct the board | ||
secretary to transmit the money to the Tyler County tax | ||
assessor-collector. (Acts 58th Leg., R.S., Ch. 110, Secs. 22(e), | ||
(h).) | ||
Sec. 1109.308. REPORT; DISSOLUTION ORDER. (a) After the | ||
district has paid all district debts and has disposed of all | ||
district money and other assets as prescribed by this subchapter, | ||
the board shall file a written report with the commissioners court | ||
summarizing the board's actions in dissolving the district. | ||
(b) Not later than the 10th day after the date the | ||
commissioners court receives the report and determines that the | ||
requirements of this subchapter have been fulfilled, the | ||
commissioners court shall enter an order: | ||
(1) dissolving the district; and | ||
(2) disbanding and releasing the board from any | ||
further duty or obligation. (Acts 58th Leg., R.S., Ch. 110, Secs. | ||
22(i), (j).) | ||
CHAPTER 1110. VAL VERDE COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1110.001. DEFINITIONS | ||
Sec. 1110.002. AUTHORITY FOR OPERATION | ||
Sec. 1110.003. ESSENTIAL PUBLIC FUNCTION | ||
Sec. 1110.004. DISTRICT TERRITORY | ||
Sec. 1110.005. CORRECTION OF INVALID PROCEDURES | ||
Sec. 1110.006. DISTRICT SUPPORT AND MAINTENANCE NOT | ||
STATE OBLIGATION | ||
Sec. 1110.007. RESTRICTION ON STATE FINANCIAL | ||
ASSISTANCE | ||
[Sections 1110.008-1110.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1110.051. BOARD ELECTION; TERM | ||
Sec. 1110.052. QUALIFICATIONS FOR OFFICE | ||
Sec. 1110.053. EX OFFICIO DIRECTOR | ||
Sec. 1110.054. BALLOT PETITION | ||
Sec. 1110.055. NOTICE OF ELECTION | ||
Sec. 1110.056. BOARD VACANCY | ||
Sec. 1110.057. OFFICERS | ||
Sec. 1110.058. COMPENSATION | ||
Sec. 1110.059. BOND; RECORD OF BOND AND OATH | ||
Sec. 1110.060. VOTING REQUIREMENT | ||
Sec. 1110.061. BOARD MEETINGS | ||
Sec. 1110.062. DISTRICT ADMINISTRATOR; ASSISTANT | ||
ADMINISTRATOR | ||
Sec. 1110.063. GENERAL DUTIES OF DISTRICT | ||
ADMINISTRATOR | ||
Sec. 1110.064. APPOINTMENT OF STAFF AND EMPLOYEES | ||
Sec. 1110.065. SENIORITY; RETIREMENT BENEFITS | ||
[Sections 1110.066-1110.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1110.101. DISTRICT RESPONSIBILITY | ||
Sec. 1110.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT | ||
Sec. 1110.103. MANAGEMENT, CONTROL, AND ADMINISTRATION | ||
Sec. 1110.104. HOSPITAL SYSTEM | ||
Sec. 1110.105. RULES | ||
Sec. 1110.106. PURCHASING AND ACCOUNTING | ||
Sec. 1110.107. OPERATING, MANAGEMENT, OR CONSULTING | ||
CONTRACTS | ||
Sec. 1110.108. DISTRICT PROPERTY, FACILITIES, AND | ||
EQUIPMENT | ||
Sec. 1110.109. GIFTS AND ENDOWMENTS | ||
Sec. 1110.110. CONSTRUCTION AND PURCHASE CONTRACTS | ||
Sec. 1110.111. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR CARE AND TREATMENT | ||
Sec. 1110.112. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR INVESTIGATORY OR OTHER SERVICES | ||
Sec. 1110.113. PAYMENT FOR TREATMENT; PROCEDURES | ||
Sec. 1110.114. FEE SCHEDULE FOR OUT-OF-DISTRICT | ||
RESIDENTS | ||
Sec. 1110.115. AUTHORITY TO SUE AND BE SUED | ||
[Sections 1110.116-1110.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1110.151. BUDGET | ||
Sec. 1110.152. PROPOSED BUDGET: NOTICE AND HEARING; | ||
APPROVAL OF BUDGET | ||
Sec. 1110.153. AMENDMENTS TO BUDGET | ||
Sec. 1110.154. RESTRICTION ON EXPENDITURES | ||
Sec. 1110.155. FISCAL YEAR | ||
Sec. 1110.156. ANNUAL AUDIT | ||
Sec. 1110.157. INSPECTION OF AUDIT AND DISTRICT | ||
RECORDS | ||
Sec. 1110.158. FINANCIAL REPORT | ||
Sec. 1110.159. DEPOSITORY | ||
Sec. 1110.160. SPENDING AND INVESTMENT RESTRICTIONS | ||
[Sections 1110.161-1110.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1110.201. GENERAL OBLIGATION BONDS | ||
Sec. 1110.202. TAX TO PAY GENERAL OBLIGATION BONDS | ||
Sec. 1110.203. GENERAL OBLIGATION BOND ELECTION | ||
Sec. 1110.204. REVENUE BONDS | ||
Sec. 1110.205. REFUNDING BONDS | ||
Sec. 1110.206. MATURITY OF BONDS | ||
Sec. 1110.207. EXECUTION OF BONDS | ||
Sec. 1110.208. BONDS EXEMPT FROM TAXATION | ||
[Sections 1110.209-1110.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1110.251. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1110.252. TAX RATE | ||
CHAPTER 1110. VAL VERDE COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1110.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the Val Verde County Hospital | ||
District. (New.) | ||
Sec. 1110.002. AUTHORITY FOR OPERATION. The Val Verde | ||
County Hospital District operates in accordance with Section 9, | ||
Article IX, Texas Constitution, and has the rights, powers, and | ||
duties provided by that section and this chapter. (Acts 64th Leg., | ||
R.S., Ch. 658, Sec. 1 (part).) | ||
Sec. 1110.003. ESSENTIAL PUBLIC FUNCTION. The district | ||
performs an essential public function in carrying out the purposes | ||
of this chapter. (Acts 64th Leg., R.S., Ch. 658, Sec. 21 (part).) | ||
Sec. 1110.004. DISTRICT TERRITORY. The boundaries of the | ||
district are coextensive with the boundaries of Val Verde County, | ||
Texas. (Acts 64th Leg., R.S., Ch. 658, Sec. 1 (part).) | ||
Sec. 1110.005. CORRECTION OF INVALID PROCEDURES. If a | ||
court holds that any procedure under this chapter violates the | ||
constitution of this state or of the United States, the district by | ||
resolution may provide an alternative procedure that conforms with | ||
the constitution. (Acts 64th Leg., R.S., Ch. 658, Sec. 23 (part).) | ||
Sec. 1110.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE | ||
OBLIGATION. The support and maintenance of the district may not | ||
become a charge against or obligation of this state. (Acts 64th | ||
Leg., R.S., Ch. 658, Sec. 20 (part).) | ||
Sec. 1110.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE. | ||
The legislature may not make a direct appropriation for the | ||
construction, maintenance, or improvement of a district facility. | ||
(Acts 64th Leg., R.S., Ch. 658, Sec. 20 (part).) | ||
[Sections 1110.008-1110.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1110.051. BOARD ELECTION; TERM. (a) The board | ||
consists of seven directors elected as follows: | ||
(1) one director elected from each county | ||
commissioners precinct; and | ||
(2) three directors elected from the district at | ||
large. | ||
(b) A district voter may vote on the directors to be elected | ||
at large and on the director to be elected from the precinct in | ||
which the voter resides. | ||
(c) On the May uniform election date of each even-numbered | ||
year or another date authorized by law, the appropriate number of | ||
directors shall be elected. | ||
(d) Directors serve staggered four-year terms. (Acts 64th | ||
Leg., R.S., Ch. 658, Secs. 4(a) (part), (c) (part).) | ||
Sec. 1110.052. QUALIFICATIONS FOR OFFICE. (a) A person may | ||
not be elected or appointed as a director unless the person is: | ||
(1) at least 18 years of age at the time of the | ||
appointment or election; | ||
(2) a resident of the district; and | ||
(3) a qualified voter. | ||
(b) A director who represents a county commissioners | ||
precinct must be a resident of that precinct. (Acts 64th Leg., | ||
R.S., Ch. 658, Sec. 4(a) (part).) | ||
Sec. 1110.053. EX OFFICIO DIRECTOR. The chief of staff may | ||
serve as an ex officio director without the right to vote as a | ||
director. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(a) (part).) | ||
Sec. 1110.054. BALLOT PETITION. A person who wants to have | ||
the person's name printed on the ballot as a candidate for director | ||
must file with the board secretary a petition requesting that | ||
action. The petition must be: | ||
(1) signed by at least 10 registered voters; and | ||
(2) filed by the deadline imposed by Section 144.005, | ||
Election Code. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(c) (part).) | ||
Sec. 1110.055. NOTICE OF ELECTION. At least 10 days before | ||
the date of a directors' election, notice of the election shall be | ||
published one time in a newspaper of general circulation in Val | ||
Verde County. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(c) (part).) | ||
Sec. 1110.056. BOARD VACANCY. (a) If a vacancy occurs in | ||
the office of director, the remaining directors shall appoint a | ||
director for the unexpired term. | ||
(b) If the number of directors is reduced to fewer than four | ||
for any reason, the remaining directors shall immediately call a | ||
special election to fill the vacancies. If the remaining directors | ||
do not call the election, a district court, on application of a | ||
district voter or taxpayer, may order the directors to hold the | ||
election. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(b) (part).) | ||
Sec. 1110.057. OFFICERS. The board shall elect from among | ||
its members a president and secretary. (Acts 64th Leg., R.S., Ch. | ||
658, Sec. 4(b) (part).) | ||
Sec. 1110.058. COMPENSATION. A director serves without | ||
compensation. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(a) (part).) | ||
Sec. 1110.059. BOND; RECORD OF BOND AND OATH. (a) Each | ||
director shall execute a good and sufficient bond for $1,000 that | ||
is: | ||
(1) payable to the district; and | ||
(2) conditioned on the faithful performance of the | ||
director's duties. | ||
(b) Each director's bond and constitutional oath of office | ||
must be deposited with the district's depository bank for | ||
safekeeping. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(a) (part).) | ||
Sec. 1110.060. VOTING REQUIREMENT. A concurrence of four | ||
directors is sufficient in any matter relating to district | ||
business. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(b) (part).) | ||
Sec. 1110.061. BOARD MEETINGS. (a) A board meeting may be | ||
called by the president or any four directors. | ||
(b) Notice of the time and place of a board meeting must be | ||
given to each director at least 72 hours before the time of the | ||
meeting. (Acts 64th Leg., R.S., Ch. 658, Sec. 4(b) (part).) | ||
Sec. 1110.062. DISTRICT ADMINISTRATOR; ASSISTANT | ||
ADMINISTRATOR. (a) The board may appoint a qualified person as | ||
district administrator. | ||
(b) The board may appoint an assistant administrator. | ||
(c) The administrator and assistant administrator, if any, | ||
serve at the will of the board and shall receive the compensation | ||
determined by the board. | ||
(d) On assuming the duties of district administrator, the | ||
administrator shall execute a bond payable to the district in an | ||
amount set by the board of not less than $5,000 that: | ||
(1) is conditioned on the administrator performing the | ||
administrator's duties; and | ||
(2) contains any other condition the board requires. | ||
(Acts 64th Leg., R.S., Ch. 658, Sec. 6 (part).) | ||
Sec. 1110.063. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. | ||
Subject to any limitations prescribed by the board, the district | ||
administrator shall: | ||
(1) supervise the work and activities of the district; | ||
and | ||
(2) direct the affairs of the district. (Acts 64th | ||
Leg., R.S., Ch. 658, Sec. 6 (part).) | ||
Sec. 1110.064. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The | ||
board may appoint to the staff any doctors the board considers | ||
necessary for the efficient operation of the district and may make | ||
temporary appointments as warranted. | ||
(b) The district may employ fiscal agents, accountants, | ||
architects, and attorneys as the board considers proper. | ||
(c) The board may delegate to the district administrator the | ||
authority to employ technicians, nurses, and district employees. | ||
(Acts 64th Leg., R.S., Ch. 658, Secs. 6 (part), 15.) | ||
Sec. 1110.065. SENIORITY; RETIREMENT BENEFITS. The board | ||
may: | ||
(1) adopt rules relating to the seniority of district | ||
employees, including rules for a retirement plan based on | ||
seniority; and | ||
(2) give effect to previous years of service for those | ||
employees continuously employed in the operation or management of | ||
hospital facilities: | ||
(A) constructed by the district; or | ||
(B) acquired by the district, including | ||
facilities acquired when the district was created because of former | ||
Section 2, Chapter 658, Acts of the 64th Legislature, Regular | ||
Session, 1975. (Acts 64th Leg., R.S., Ch. 658, Sec. 6 (part).) | ||
[Sections 1110.066-1110.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1110.101. DISTRICT RESPONSIBILITY. The district has | ||
full responsibility for providing hospital care for the district's | ||
indigent residents. (Acts 64th Leg., R.S., Ch. 658, Sec. 19 | ||
(part).) | ||
Sec. 1110.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT. A political subdivision located within the | ||
district may not impose a tax or issue bonds or other obligations | ||
for hospital purposes or to provide medical care. (Acts 64th Leg., | ||
R.S., Ch. 658, Sec. 19 (part).) | ||
Sec. 1110.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. | ||
The board shall manage, control, and administer the hospital system | ||
and all the district's money and resources. (Acts 64th Leg., R.S., | ||
Ch. 658, Sec. 6 (part).) | ||
Sec. 1110.104. HOSPITAL SYSTEM. The district shall provide | ||
for: | ||
(1) the establishment of a hospital system by: | ||
(A) purchasing, constructing, acquiring, | ||
repairing, or renovating buildings and equipment; and | ||
(B) equipping the buildings; and | ||
(2) the administration of the hospital system for | ||
hospital purposes. (Acts 64th Leg., R.S., Ch. 658, Sec. 2 (part).) | ||
Sec. 1110.105. RULES. The board may adopt rules governing | ||
the operation of the hospital, the hospital system, and the | ||
district's staff and employees. (Acts 64th Leg., R.S., Ch. 658, | ||
Sec. 6 (part).) | ||
Sec. 1110.106. PURCHASING AND ACCOUNTING. The board may | ||
prescribe: | ||
(1) the method and manner of making purchases and | ||
expenditures by and for the district; and | ||
(2) all accounting and control procedures. (Acts 64th | ||
Leg., R.S., Ch. 658, Sec. 11(a).) | ||
Sec. 1110.107. OPERATING, MANAGEMENT, OR CONSULTING | ||
CONTRACTS. (a) The board may enter into an operating, management, | ||
or consulting contract with respect to all or part of the district's | ||
facilities. The contract must provide that the board retains | ||
responsibility for and control of the district's operation. | ||
(b) A company providing services to the district under the | ||
contract, and the officers, directors, and employees of the | ||
company, while performing services under the contract for benefit | ||
of the district: | ||
(1) are employees of the district solely for purposes | ||
of the immunity or liability of the company and the company's | ||
officers, directors, and employees; and | ||
(2) have immunity or limited liability under laws | ||
applicable to district employees, whether statutory or common law, | ||
to the extent a district employee would be entitled to immunity or | ||
limited liability under the same circumstances. (Acts 64th Leg., | ||
R.S., Ch. 658, Sec. 10(a).) | ||
Sec. 1110.108. DISTRICT PROPERTY, FACILITIES, AND | ||
EQUIPMENT. (a) The board may lease all or part of the district's | ||
property, including facilities or equipment, on terms the board | ||
considers to be in the best interest of the district's residents. | ||
The term of the lease may not exceed 25 years from the date entered. | ||
(b) The board may: | ||
(1) lease or acquire property, including facilities or | ||
equipment, for the use of the district; and | ||
(2) mortgage or pledge the property as security for | ||
the payment of the purchase price. | ||
(c) The board may sell or otherwise dispose of property, | ||
including facilities or equipment, for the district. Sale or other | ||
disposal under this subsection must be at a public sale and at a | ||
price and on terms the board determines are most advantageous to the | ||
district. | ||
(d) The board may donate to another governmental entity or | ||
to a charitable organization any surplus personal property or | ||
equipment if the donation serves a public purpose and is | ||
accompanied by adequate consideration. (Acts 64th Leg., R.S., Ch. | ||
658, Secs. 10(b), (c), (d), 11(c) (part).) | ||
Sec. 1110.109. GIFTS AND ENDOWMENTS. The board may accept | ||
for the district a gift or endowment to be held in trust and | ||
administered by the board for the purposes and under the | ||
directions, limitations, and other provisions prescribed in | ||
writing by the donor that are not inconsistent with the proper | ||
management and objectives of the district. (Acts 64th Leg., R.S., | ||
Ch. 658, Sec. 18 (part).) | ||
Sec. 1110.110. CONSTRUCTION AND PURCHASE CONTRACTS. (a) A | ||
construction contract that involves the expenditure of more than | ||
$50,000 shall be procured in the manner provided by Subchapter B, | ||
Chapter 271, Local Government Code. | ||
(b) A contract for a purchase that involves the expenditure | ||
of more than $50,000, other than a contract subject to Subchapter B, | ||
Chapter 271, Local Government Code, or Chapter 2253, Government | ||
Code, shall be procured in the manner provided by Subchapter C, | ||
Chapter 262, Local Government Code. | ||
(c) The provisions of Chapter 2253, Government Code, | ||
relating to performance and payment bonds, apply to construction | ||
contracts let by the district. (Acts 64th Leg., R.S., Ch. 658, Sec. | ||
11(b).) | ||
Sec. 1110.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
CARE AND TREATMENT. The board may contract with: | ||
(1) any county or municipality located outside the | ||
district's boundaries for the care and treatment of a sick or | ||
injured person of that county or municipality; and | ||
(2) this state or a federal agency for the treatment of | ||
a sick or injured person. (Acts 64th Leg., R.S., Ch. 658, Sec. 6 | ||
(part).) | ||
Sec. 1110.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
INVESTIGATORY OR OTHER SERVICES. The board may contract with a | ||
political subdivision or governmental agency for the district to | ||
provide investigatory or other services as to the hospital or | ||
welfare needs of district inhabitants. (Acts 64th Leg., R.S., Ch. | ||
658, Sec. 6 (part).) | ||
Sec. 1110.113. PAYMENT FOR TREATMENT; PROCEDURES. (a) | ||
When a patient who resides in the district is admitted to a district | ||
facility, the district administrator may have an inquiry made into | ||
the circumstances of: | ||
(1) the patient; and | ||
(2) the patient's relatives legally liable for the | ||
patient's support. | ||
(b) If the district administrator determines that the | ||
patient or those relatives cannot pay for all or part of the | ||
patient's care and treatment in the hospital, the amount that | ||
cannot be paid becomes a charge against the district. | ||
(c) If the district administrator determines that the | ||
patient or those relatives can pay for all or part of the patient's | ||
care and treatment, the patient or those relatives shall be ordered | ||
to pay the district a specified amount each week for the patient's | ||
care and support. The amount ordered must be proportionate to their | ||
financial ability. | ||
(d) The district administrator may collect the amount from | ||
the patient's estate, or from those relatives legally liable for | ||
the patient's support, in the manner provided by law for the | ||
collection of expenses of the last illness of a deceased person. | ||
(e) If there is a dispute as to the ability to pay, or doubt | ||
in the mind of the district administrator, the board shall hold a | ||
hearing and, after calling witnesses, shall: | ||
(1) resolve the dispute or doubt; and | ||
(2) issue any appropriate orders. | ||
(f) A final order of the board may be appealed to the | ||
district court. The substantial evidence rule applies to the | ||
appeal. (Acts 64th Leg., R.S., Ch. 658, Sec. 16.) | ||
Sec. 1110.114. FEE SCHEDULE FOR OUT-OF-DISTRICT RESIDENTS. | ||
The board may adopt a fee schedule for services rendered to | ||
out-of-district residents which may be different from the fee | ||
schedule for services rendered to district residents. (Acts 64th | ||
Leg., R.S., Ch. 658, Sec. 17.) | ||
Sec. 1110.115. AUTHORITY TO SUE AND BE SUED. (a) The | ||
district, through the board, may sue and be sued. | ||
(b) The district is entitled to all causes of action and | ||
defenses to which similar authorities performing only governmental | ||
functions are entitled. (Acts 64th Leg., R.S., Ch. 658, Sec. 6 | ||
(part).) | ||
[Sections 1110.116-1110.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1110.151. BUDGET. (a) The district administrator | ||
shall prepare an annual budget for approval by the board. | ||
(b) The proposed budget must contain a complete financial | ||
statement of: | ||
(1) the outstanding obligations of the district; | ||
(2) the cash on hand to the credit of each district | ||
fund; | ||
(3) the money received by the district from all | ||
sources during the previous year; | ||
(4) the money available to the district from all | ||
sources during the ensuing year; | ||
(5) the balances expected at the end of the year in | ||
which the budget is being prepared; | ||
(6) the estimated revenue and balances available to | ||
cover the proposed budget; | ||
(7) the estimated tax rate required; and | ||
(8) the proposed expenditures and disbursements and | ||
the estimated receipts and collections for the following fiscal | ||
year. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).) | ||
Sec. 1110.152. PROPOSED BUDGET: NOTICE AND HEARING; | ||
APPROVAL OF BUDGET. (a) The board shall hold a public hearing on | ||
the proposed annual budget. | ||
(b) At least 10 days before the date of the hearing, notice | ||
of the hearing shall be published one time in a newspaper or | ||
newspapers that individually or collectively provide general | ||
circulation in the district. | ||
(c) Any property tax payer of the district is entitled to be | ||
present and participate at the hearing in accordance with the rules | ||
of decorum and procedures prescribed by the board. | ||
(d) At the conclusion of the hearing, the board shall act on | ||
the budget proposed by the district administrator. The board may | ||
make any changes in the proposed budget that the board judges the | ||
law warrants and the interests of the taxpayers demand. The board | ||
must approve the annual budget. (Acts 64th Leg., R.S., Ch. 658, Sec. | ||
7 (part).) | ||
Sec. 1110.153. AMENDMENTS TO BUDGET. The annual budget may | ||
be amended as required by circumstances. The board must approve all | ||
amendments. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).) | ||
Sec. 1110.154. RESTRICTION ON EXPENDITURES. Money may be | ||
spent only for an expense included in the budget or an amendment to | ||
the budget. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).) | ||
Sec. 1110.155. FISCAL YEAR. (a) The district operates | ||
according to a fiscal year established by the board. | ||
(b) The fiscal year may not be changed more than once in any | ||
24-month period. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).) | ||
Sec. 1110.156. ANNUAL AUDIT. (a) The board annually shall | ||
have an independent audit made of the district's financial | ||
condition for the fiscal year. | ||
(b) As soon as the audit is completed, the audit shall be | ||
filed at the district's office. (Acts 64th Leg., R.S., Ch. 658, | ||
Sec. 7 (part).) | ||
Sec. 1110.157. INSPECTION OF AUDIT AND DISTRICT RECORDS. | ||
The audit and other district records shall be open to inspection at | ||
the district's principal office. (Acts 64th Leg., R.S., Ch. 658, | ||
Sec. 7 (part).) | ||
Sec. 1110.158. FINANCIAL REPORT. As soon as practicable | ||
after the close of each fiscal year, the district administrator | ||
shall prepare for the board: | ||
(1) a complete sworn statement of all district money; | ||
and | ||
(2) a complete account of the disbursement of that | ||
money. (Acts 64th Leg., R.S., Ch. 658, Sec. 7 (part).) | ||
Sec. 1110.159. DEPOSITORY. (a) The board shall select one | ||
or more banks inside or outside the district to serve as a | ||
depository for district money. | ||
(b) District money, other than money invested as provided by | ||
Section 1110.160(b) and money transmitted to a bank for payment of | ||
bonds or obligations issued or assumed by the district, shall be | ||
deposited as received with the depository bank and shall remain on | ||
deposit. | ||
(c) This chapter, including Subsection (b), does not limit | ||
the power of the board to: | ||
(1) place a part of district money on time deposit; or | ||
(2) purchase certificates of deposit. (Acts 64th | ||
Leg., R.S., Ch. 658, Sec. 12.) | ||
Sec. 1110.160. SPENDING AND INVESTMENT RESTRICTIONS. (a) | ||
Except as otherwise provided by Section 1110.108(b) and Sections | ||
1110.201-1110.207, the district may not incur an obligation payable | ||
from district revenue other than the revenue on hand or to be on | ||
hand in the current and following district fiscal years. | ||
(b) The board may invest operating, depreciation, or | ||
building fund reserves only in funds or securities specified by | ||
Chapter 2256, Government Code. (Acts 64th Leg., R.S., Ch. 658, | ||
Secs. 6 (part), 11(c) (part).) | ||
[Sections 1110.161-1110.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1110.201. GENERAL OBLIGATION BONDS. The board may | ||
issue and sell general obligation bonds in the name and on the faith | ||
and credit of the district for any purpose relating to: | ||
(1) constructing, acquiring, repairing, or renovating | ||
buildings and improvements; and | ||
(2) equipping buildings and improvements for hospital | ||
purposes. (Acts 64th Leg., R.S., Ch. 658, Sec. 8 (part).) | ||
Sec. 1110.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At | ||
the time general obligation bonds are issued by the district under | ||
Section 1110.201, the board shall impose an ad valorem tax at a rate | ||
sufficient to create an interest and sinking fund to pay the | ||
principal of and interest on the bonds as the bonds mature. | ||
(b) The tax required by this section together with any other | ||
ad valorem tax the district imposes may not in any year exceed the | ||
tax rate approved by the voters at the election authorizing the | ||
imposition of the tax. (Acts 64th Leg., R.S., Ch. 658, Sec. 8 | ||
(part).) | ||
Sec. 1110.203. GENERAL OBLIGATION BOND ELECTION. (a) The | ||
district may issue general obligation bonds only if the bonds are | ||
authorized by a majority of the district voters voting at an | ||
election held for that purpose. | ||
(b) The order calling the bond election must provide for | ||
clerks as in county elections and must specify: | ||
(1) the date of the election; | ||
(2) the location of the polling places; | ||
(3) the presiding and alternate election judges for | ||
each polling place; | ||
(4) the amount of the bonds to be authorized; | ||
(5) the maximum interest rate of the bonds; and | ||
(6) the maximum maturity of the bonds. | ||
(c) Notice of a bond election shall be given as provided by | ||
Section 1251.003, Government Code. (Acts 64th Leg., R.S., Ch. 658, | ||
Sec. 8 (part).) | ||
Sec. 1110.204. REVENUE BONDS. (a) The board may issue | ||
revenue bonds to purchase, construct, acquire, repair, renovate, | ||
or equip buildings and improvements for hospital purposes. | ||
(b) The bonds must be payable from and secured by a pledge of | ||
all or part of the district revenue derived from the operation of | ||
the district's hospitals. | ||
(c) The bonds may be additionally secured by a mortgage or | ||
deed of trust lien on all or part of district property. | ||
(d) The bonds must be issued in the manner and in accordance | ||
with the procedures and requirements prescribed by Sections | ||
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health | ||
and Safety Code, for issuance of revenue bonds by a county hospital | ||
authority. (Acts 64th Leg., R.S., Ch. 658, Sec. 9(b) (part).) | ||
Sec. 1110.205. REFUNDING BONDS. (a) The board may issue | ||
refunding bonds to refund outstanding indebtedness issued or | ||
assumed by the district. | ||
(b) A refunding bond may be: | ||
(1) sold, with the proceeds of the refunding bond | ||
applied to the payment of outstanding indebtedness; or | ||
(2) exchanged wholly or partly for not less than a | ||
similar principal amount of outstanding indebtedness. (Acts 64th | ||
Leg., R.S., Ch. 658, Secs. 9(a) (part), (b) (part).) | ||
Sec. 1110.206. MATURITY OF BONDS. District bonds must | ||
mature not later than 40 years after their date of issuance. (Acts | ||
64th Leg., R.S., Ch. 658, Sec. 9(c) (part).) | ||
Sec. 1110.207. EXECUTION OF BONDS. The board president | ||
shall execute the district's bonds in the district's name and the | ||
board secretary shall countersign the bonds in the manner provided | ||
by Chapter 618, Government Code. (Acts 64th Leg., R.S., Ch. 658, | ||
Sec. 9(c) (part).) | ||
Sec. 1110.208. BONDS EXEMPT FROM TAXATION. The following | ||
are exempt from taxation by this state or a political subdivision of | ||
this state: | ||
(1) any bonds issued by the district; | ||
(2) the transfer and issuance of the bonds; and | ||
(3) any profits made in the sale of the bonds. (Acts | ||
64th Leg., R.S., Ch. 658, Sec. 21 (part).) | ||
[Sections 1110.209-1110.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1110.251. IMPOSITION OF AD VALOREM TAX. (a) The board | ||
shall impose a tax on all property in the district subject to | ||
district taxation. | ||
(b) The board shall impose the tax for the benefit of the | ||
district to: | ||
(1) pay the interest on and create a sinking fund for | ||
bonds and other obligations issued or assumed by the district for | ||
hospital purposes as provided by this chapter; | ||
(2) pay indebtedness incurred or assumed by the | ||
district; | ||
(3) provide for the operation and maintenance of the | ||
district and hospital system; and | ||
(4) make improvements and additions to the hospital | ||
system. (Acts 64th Leg., R.S., Ch. 658, Secs. 5 (part), 13 (part).) | ||
Sec. 1110.252. TAX RATE. (a) The board may impose the tax | ||
at a rate not to exceed 30 cents on each $100 valuation of all | ||
taxable property in the district. | ||
(b) In setting the tax rate, the board shall consider the | ||
income of the district from sources other than taxation. (Acts 64th | ||
Leg., R.S., Ch. 658, Secs. 5 (part), 13 (part).) | ||
CHAPTER 1112. WEST COKE COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1112.001. DEFINITIONS | ||
Sec. 1112.002. AUTHORITY FOR CREATION | ||
Sec. 1112.003. ESSENTIAL PUBLIC FUNCTION | ||
Sec. 1112.004. DISTRICT TERRITORY | ||
Sec. 1112.005. DISTRICT SUPPORT AND MAINTENANCE NOT | ||
STATE OBLIGATION | ||
Sec. 1112.006. RESTRICTION ON STATE FINANCIAL | ||
ASSISTANCE | ||
[Sections 1112.007-1112.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1112.051. BOARD ELECTION; TERM | ||
Sec. 1112.052. NOTICE OF ELECTION | ||
Sec. 1112.053. BALLOT PETITION | ||
Sec. 1112.054. QUALIFICATIONS FOR OFFICE | ||
Sec. 1112.055. FILING OF OATH | ||
Sec. 1112.056. BOARD VACANCY | ||
Sec. 1112.057. OFFICERS | ||
Sec. 1112.058. COMPENSATION | ||
Sec. 1112.059. VOTING REQUIREMENT | ||
Sec. 1112.060. DISTRICT ADMINISTRATOR; ASSISTANT | ||
ADMINISTRATOR | ||
Sec. 1112.061. GENERAL DUTIES OF DISTRICT | ||
ADMINISTRATOR | ||
Sec. 1112.062. EMPLOYEES | ||
Sec. 1112.063. RETIREMENT PROGRAM | ||
Sec. 1112.064. MAINTENANCE OF RECORDS; PUBLIC | ||
INSPECTION | ||
[Sections 1112.065-1112.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1112.101. DISTRICT RESPONSIBILITY | ||
Sec. 1112.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT | ||
Sec. 1112.103. MANAGEMENT, CONTROL, AND ADMINISTRATION | ||
Sec. 1112.104. HOSPITAL SYSTEM | ||
Sec. 1112.105. RULES | ||
Sec. 1112.106. PURCHASING AND ACCOUNTING | ||
Sec. 1112.107. EMINENT DOMAIN | ||
Sec. 1112.108. GIFTS AND ENDOWMENTS | ||
Sec. 1112.109. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR CARE AND TREATMENT | ||
Sec. 1112.110. PAYMENT FOR TREATMENT; PROCEDURES | ||
Sec. 1112.111. AUTHORITY TO SUE AND BE SUED | ||
[Sections 1112.112-1112.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1112.151. BUDGET | ||
Sec. 1112.152. FISCAL YEAR | ||
Sec. 1112.153. AUDIT | ||
Sec. 1112.154. FINANCIAL REPORT | ||
Sec. 1112.155. DEPOSITORY | ||
[Sections 1112.156-1112.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1112.201. GENERAL OBLIGATION BONDS | ||
Sec. 1112.202. TAX TO PAY GENERAL OBLIGATION BONDS | ||
Sec. 1112.203. GENERAL OBLIGATION BOND ELECTION | ||
Sec. 1112.204. EXECUTION OF GENERAL OBLIGATION BONDS | ||
Sec. 1112.205. REFUNDING BONDS | ||
Sec. 1112.206. BONDS EXEMPT FROM TAXATION | ||
[Sections 1112.207-1112.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1112.251. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1112.252. TAX RATE | ||
Sec. 1112.253. ELECTION TO INCREASE MAXIMUM TAX RATE | ||
Sec. 1112.254. TAX ASSESSOR-COLLECTOR | ||
CHAPTER 1112. WEST COKE COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1112.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the West Coke County Hospital | ||
District. (New.) | ||
Sec. 1112.002. AUTHORITY FOR CREATION. The West Coke | ||
County Hospital District is created under the authority of Section | ||
9, Article IX, Texas Constitution, and has the rights, powers, and | ||
duties prescribed by this chapter. (Acts 58th Leg., R.S., Ch. 315, | ||
Sec. 1 (part).) | ||
Sec. 1112.003. ESSENTIAL PUBLIC FUNCTION. The district | ||
performs an essential public function in carrying out the purposes | ||
of this chapter. (Acts 58th Leg., R.S., Ch. 315, Sec. 10 (part).) | ||
Sec. 1112.004. DISTRICT TERRITORY. The boundaries of the | ||
district are coextensive with the boundaries of County | ||
Commissioners Precincts 1 and 3 of Coke County, Texas, as those | ||
boundaries existed on January 1, 1963. (Acts 58th Leg., R.S., Ch. | ||
315, Sec. 1 (part).) | ||
Sec. 1112.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE | ||
OBLIGATION. The support and maintenance of the district may not | ||
become a charge against or obligation of this state. (Acts 58th | ||
Leg., R.S., Ch. 315, Sec. 20 (part).) | ||
Sec. 1112.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. | ||
The legislature may not make a direct appropriation for the | ||
construction, maintenance, or improvement of a district facility. | ||
(Acts 58th Leg., R.S., Ch. 315, Sec. 20 (part).) | ||
[Sections 1112.007-1112.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1112.051. BOARD ELECTION; TERM. (a) The district is | ||
governed by a board of five directors elected from the district at | ||
large. | ||
(b) Unless four-year terms are established under Section | ||
285.081, Health and Safety Code, directors serve staggered two-year | ||
terms, with the terms of two or three directors expiring each year, | ||
as appropriate. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) | ||
Sec. 1112.052. NOTICE OF ELECTION. At least 10 days before | ||
the date of a directors' election, notice of the election must be | ||
published one time in a newspaper of general circulation in Coke | ||
County. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) | ||
Sec. 1112.053. BALLOT PETITION. A person who wants to have | ||
the person's name printed on the ballot as a candidate for director | ||
must file a petition requesting that action. The petition must be: | ||
(1) signed by at least 25 registered voters; and | ||
(2) filed by the deadline imposed by Section 144.005, | ||
Election Code. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) | ||
Sec. 1112.054. QUALIFICATIONS FOR OFFICE. A person must at | ||
the time of election or appointment as director: | ||
(1) be a resident of the district; | ||
(2) own land subject to taxation in the district; and | ||
(3) be at least 18 years of age. (Acts 58th Leg., | ||
R.S., Ch. 315, Sec. 4 (part).) | ||
Sec. 1112.055. FILING OF OATH. The constitutional oath of | ||
office executed by a director must be filed in the district's | ||
office. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) | ||
Sec. 1112.056. BOARD VACANCY. (a) If a vacancy occurs in | ||
the office of director, the remaining directors shall appoint a | ||
director for the unexpired term. | ||
(b) If the number of directors is reduced to fewer than | ||
three for any reason, the remaining directors shall immediately | ||
call a special election to fill the vacancies. If the remaining | ||
directors do not call the election, the county judge of Coke County | ||
may fill the vacancies by appointment. (Acts 58th Leg., R.S., Ch. | ||
315, Sec. 4 (part).) | ||
Sec. 1112.057. OFFICERS. The board shall elect from among | ||
its members a president, a vice president, and a secretary. (Acts | ||
58th Leg., R.S., Ch. 315, Sec. 4 (part).) | ||
Sec. 1112.058. COMPENSATION. A director serves without | ||
compensation. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) | ||
Sec. 1112.059. VOTING REQUIREMENT. A concurrence of three | ||
directors is sufficient in any matter relating to district | ||
business. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) | ||
Sec. 1112.060. DISTRICT ADMINISTRATOR; ASSISTANT | ||
ADMINISTRATOR. (a) The board shall appoint a qualified person as | ||
district administrator. | ||
(b) The board may appoint an assistant administrator. | ||
(c) The district administrator and any assistant | ||
administrator serve at the will of the board and shall receive the | ||
compensation determined by the board. | ||
(d) On assuming the duties of district administrator, the | ||
administrator shall execute a bond payable to the district in an | ||
amount set by the board of not less than $10,000 that: | ||
(1) is conditioned on the administrator performing the | ||
administrator's duties; and | ||
(2) contains other conditions the board may require. | ||
(Acts 58th Leg., R.S., Ch. 315, Sec. 5 (part).) | ||
Sec. 1112.061. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. | ||
Subject to any limitations prescribed by the board, the district | ||
administrator shall: | ||
(1) supervise the work and activities of the district; | ||
and | ||
(2) direct the affairs of the district. (Acts 58th | ||
Leg., R.S., Ch. 315, Sec. 5 (part).) | ||
Sec. 1112.062. EMPLOYEES. The board may employ any | ||
doctors, technicians, nurses, and other employees as considered | ||
necessary for the efficient operation of the district or may | ||
provide that the district administrator has the authority to employ | ||
those persons. (Acts 58th Leg., R.S., Ch. 315, Sec. 5 (part).) | ||
Sec. 1112.063. RETIREMENT PROGRAM. The board may enter | ||
into any contract or agreement with this state or the federal | ||
government as required to establish or continue a retirement | ||
program for the benefit of the district's employees. (Acts 58th | ||
Leg., R.S., Ch. 315, Sec. 5 (part).) | ||
Sec. 1112.064. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. | ||
(a) The board shall: | ||
(1) keep an accurate account of board meetings and | ||
proceedings; and | ||
(2) maintain at the district's principal office all | ||
district records and accounts, including contracts, notices, | ||
duplicate vouchers, and duplicate receipts. | ||
(b) The information described by Subsection (a) shall be | ||
open to public inspection at the district's principal office at all | ||
reasonable times. (Acts 58th Leg., R.S., Ch. 315, Sec. 4 (part).) | ||
[Sections 1112.065-1112.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1112.101. DISTRICT RESPONSIBILITY. The district has | ||
full responsibility for: | ||
(1) operating all hospital facilities for providing | ||
medical and hospital care of indigent persons; and | ||
(2) providing medical and hospital care for the | ||
district's needy inhabitants. (Acts 58th Leg., R.S., Ch. 315, | ||
Secs. 2 (part), 19 (part).) | ||
Sec. 1112.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT. Coke County or another political subdivision, | ||
other than the district, may not impose a tax or issue bonds or | ||
other obligations for hospital purposes for medical treatment of | ||
indigent persons in the district. (Acts 58th Leg., R.S., Ch. 315, | ||
Sec. 19 (part).) | ||
Sec. 1112.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. | ||
The board shall manage, control, and administer the district's | ||
hospitals and hospital system. (Acts 58th Leg., R.S., Ch. 315, Sec. | ||
5 (part).) | ||
Sec. 1112.104. HOSPITAL SYSTEM. (a) The district shall | ||
provide for: | ||
(1) the establishment of a hospital system by: | ||
(A) purchasing, constructing, acquiring, | ||
repairing, or renovating buildings and equipment; and | ||
(B) equipping the buildings; and | ||
(2) the administration of the hospital system for | ||
hospital purposes. | ||
(b) The board shall determine the type, number, and location | ||
of buildings required to maintain an adequate hospital system. | ||
(c) The hospital system may include: | ||
(1) outpatient clinics; and | ||
(2) any other facilities the board considers necessary | ||
for hospital care. (Acts 58th Leg., R.S., Ch. 315, Secs. 2 (part), | ||
7A.) | ||
Sec. 1112.105. RULES. The board may adopt rules for the | ||
operation of the district and as required to administer this | ||
chapter. (Acts 58th Leg., R.S., Ch. 315, Secs. 5 (part), 11 | ||
(part).) | ||
Sec. 1112.106. PURCHASING AND ACCOUNTING. The board may | ||
prescribe: | ||
(1) the method and manner of making purchases and | ||
expenditures by and for the district; and | ||
(2) all accounting and control procedures. (Acts 58th | ||
Leg., R.S., Ch. 315, Sec. 11 (part).) | ||
Sec. 1112.107. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain to acquire a fee simple or | ||
other interest in any type of property located in district | ||
territory if the interest is necessary or convenient to a power, | ||
right, or privilege conferred by this chapter. | ||
(b) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code. (Acts 58th | ||
Leg., R.S., Ch. 315, Sec. 14.) | ||
Sec. 1112.108. GIFTS AND ENDOWMENTS. The board may accept | ||
for the district a gift or endowment to be held in trust and | ||
administered by the board for the purposes and under the | ||
directions, limitations, or other provisions prescribed in writing | ||
by the donor that are not inconsistent with the proper management | ||
and objectives of the district. (Acts 58th Leg., R.S., Ch. 315, | ||
Sec. 17.) | ||
Sec. 1112.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
CARE AND TREATMENT. The board may contract with: | ||
(1) any county or municipality located outside the | ||
district for the care and treatment of a sick or injured person of | ||
that county or municipality; and | ||
(2) this state or a federal agency for the treatment of | ||
a sick or injured person for whom this state or the federal | ||
government is responsible. (Acts 58th Leg., R.S., Ch. 315, Sec. 5 | ||
(part).) | ||
Sec. 1112.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) | ||
When a patient who resides in the district is admitted to a district | ||
facility, the district administrator shall have an inquiry made | ||
into the circumstances of: | ||
(1) the patient; and | ||
(2) the patient's relatives legally liable for the | ||
patient's support. | ||
(b) If the district administrator determines that the | ||
patient or those relatives cannot pay all or part of the patient's | ||
care and treatment in the hospital, the amount that cannot be paid | ||
becomes a charge against the district. | ||
(c) If the district administrator determines that the | ||
patient or those relatives can pay for all or part of the patient's | ||
care and treatment, the patient or those relatives shall be ordered | ||
to pay the district a specified amount each week for the patient's | ||
support. The amount ordered must be proportionate to the person's | ||
financial ability and may not exceed the actual per capita cost of | ||
maintenance. | ||
(d) The district administrator may collect the amount from | ||
the patient's estate, or from those relatives legally liable for | ||
the patient's support, in the manner provided by law for the | ||
collection of expenses of the last illness of a deceased person. | ||
(e) If there is a dispute as to the ability to pay, or doubt | ||
in the mind of the district administrator, the board shall hold a | ||
hearing and, after calling witnesses, shall: | ||
(1) resolve the dispute or doubt; and | ||
(2) issue any appropriate orders. (Acts 58th Leg., | ||
R.S., Ch. 315, Sec. 16.) | ||
Sec. 1112.111. AUTHORITY TO SUE AND BE SUED. The district, | ||
through the board, may sue and be sued. (Acts 58th Leg., R.S., Ch. | ||
315, Sec. 5 (part).) | ||
[Sections 1112.112-1112.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1112.151. BUDGET. (a) The district administrator | ||
shall prepare for approval by the board an annual budget that | ||
corresponds to the district's fiscal year. | ||
(b) Not later than August 31 of each year, the board shall | ||
publish notice of a public hearing on the proposed budget. The | ||
notice must be published in a newspaper of general circulation in | ||
Coke County at least 10 days before the date of the hearing. (Acts | ||
58th Leg., R.S., Ch. 315, Secs. 6 (part), 18.) | ||
Sec. 1112.152. FISCAL YEAR. The district operates on a | ||
fiscal year that begins on October 1 and ends on September 30. | ||
(Acts 58th Leg., R.S., Ch. 315, Sec. 6 (part).) | ||
Sec. 1112.153. AUDIT. (a) The district shall have an audit | ||
made of the district's financial condition. | ||
(b) The audit shall be open to inspection at all times at the | ||
district's principal office. (Acts 58th Leg., R.S., Ch. 315, Sec. 6 | ||
(part).) | ||
Sec. 1112.154. FINANCIAL REPORT. As soon as practicable | ||
after the close of each fiscal year, the district administrator | ||
shall prepare for the board: | ||
(1) a complete sworn statement of all district money; | ||
and | ||
(2) a complete account of the disbursements of that | ||
money. (Acts 58th Leg., R.S., Ch. 315, Sec. 6 (part).) | ||
Sec. 1112.155. DEPOSITORY. (a) The board shall select one | ||
or more banks in the district to serve as a depository for district | ||
money. | ||
(b) All district money shall be immediately deposited on | ||
receipt with a depository bank, except that sufficient money must | ||
be remitted to an appropriate bank to pay the principal of and | ||
interest on the district's outstanding bonds or other obligations | ||
assumed by the district on or before the maturity date of the | ||
principal and interest. | ||
(c) To the extent that money in a depository 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) Membership on the district's board of an officer or | ||
director of a bank does not disqualify the bank from being selected | ||
as a depository. (Acts 58th Leg., R.S., Ch. 315, Sec. 12.) | ||
[Sections 1112.156-1112.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1112.201. GENERAL OBLIGATION BONDS. (a) The board may | ||
issue and sell general obligation bonds in the name and on the faith | ||
and credit of the district for any purpose related to the purchase, | ||
construction, acquisition, repair, or renovation of buildings and | ||
improvements, and equipping buildings and improvements for a | ||
hospital and the hospital system, as determined by the board. | ||
(b) The board shall issue the bonds in compliance with the | ||
applicable provisions of Subtitles A and C, Title 9, Government | ||
Code. (Acts 58th Leg., R.S., Ch. 315, Sec. 9 (part).) | ||
Sec. 1112.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At | ||
the time general obligation bonds are issued by the district, the | ||
board shall impose an ad valorem tax at a rate sufficient to create | ||
an interest and sinking fund and to pay the principal of and | ||
interest on the bonds as the bonds mature. | ||
(b) The tax required by this section, together with any | ||
other ad valorem tax the district imposes, may not in any year | ||
exceed 25 cents on each $100 valuation of taxable property in the | ||
district. (Acts 58th Leg., R.S., Ch. 315, Sec. 9 (part).) | ||
Sec. 1112.203. GENERAL OBLIGATION BOND ELECTION. (a) The | ||
district may issue general obligation bonds only if the bonds are | ||
authorized by a majority of the district voters voting at an | ||
election held for that purpose. | ||
(b) The board shall call the election. The election must be | ||
held in accordance with Chapter 1251, Government Code. | ||
(c) The bond election order must specify: | ||
(1) the date of the election; | ||
(2) the location of the polling places; | ||
(3) the presiding election officers; | ||
(4) the amount of the bonds to be authorized; | ||
(5) the maximum maturity of the bonds; and | ||
(6) the maximum interest rate of the bonds. (Acts 58th | ||
Leg., R.S., Ch. 315, Sec. 9 (part).) | ||
Sec. 1112.204. EXECUTION OF GENERAL OBLIGATION BONDS. The | ||
board president shall execute the general obligation bonds in the | ||
district's name and the board secretary shall attest the bonds. | ||
(Acts 58th Leg., R.S., Ch. 315, Sec. 9 (part).) | ||
Sec. 1112.205. REFUNDING BONDS. (a) District refunding | ||
bonds may, without an election, be issued to refund any bonds or | ||
other refundable indebtedness issued or assumed by the district. | ||
(b) A refunding bond may be: | ||
(1) sold, with the proceeds of the refunding bond | ||
applied to the payment of the outstanding bonds or other refundable | ||
indebtedness; or | ||
(2) exchanged wholly or partly for not less than a | ||
similar principal amount of the outstanding bonds or other | ||
refundable indebtedness. (Acts 58th Leg., R.S., Ch. 315, Sec. 9 | ||
(part).) | ||
Sec. 1112.206. BONDS EXEMPT FROM TAXATION. The following | ||
are exempt from taxation by this state or a political subdivision of | ||
this state: | ||
(1) bonds issued by the district; | ||
(2) the transfer and issuance of the bonds; and | ||
(3) any profits made in the sale of the bonds. (Acts | ||
58th Leg., R.S., Ch. 315, Sec. 10 (part).) | ||
[Sections 1112.207-1112.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1112.251. IMPOSITION OF AD VALOREM TAX. (a) The | ||
district may impose a tax on all property in the district subject to | ||
district taxation. | ||
(b) The tax may be used to meet the requirements of: | ||
(1) district bonds; | ||
(2) indebtedness assumed by the district; and | ||
(3) district maintenance and operating expenses. | ||
(Acts 58th Leg., R.S., Ch. 315, Sec. 3 (part).) | ||
Sec. 1112.252. TAX RATE. Unless the rate is increased as | ||
provided by Section 1112.253, the district may impose the tax at a | ||
rate not to exceed 25 cents on each $100 valuation of all taxable | ||
property in the district. (Acts 58th Leg., R.S., Ch. 315, Secs. 3 | ||
(part), 9A (part).) | ||
Sec. 1112.253. ELECTION TO INCREASE MAXIMUM TAX RATE. (a) | ||
The board may order an election to increase the district's maximum | ||
tax rate to a rate not to exceed 75 cents on each $100 valuation of | ||
all taxable property in the district. | ||
(b) Notice of election shall be given by publishing a | ||
substantial copy of the election order in a newspaper of general | ||
circulation in the district once a week for two consecutive weeks | ||
before the date of the election. The first notice must be published | ||
at least 14 days before the date of the election. | ||
(c) The ballot for the election shall be printed to permit | ||
voting for or against the proposition: "The imposition of annual | ||
taxes by the district for hospital purposes at a rate not to exceed | ||
75 cents on the $100 valuation of all taxable property in the | ||
district." | ||
(d) If a majority of district voters approve the | ||
proposition, the board may impose taxes as authorized by the | ||
proposition. | ||
(e) A copy of the election results are a public record. | ||
(Acts 58th Leg., R.S., Ch. 315, Secs. 3 (part), 9A (part).) | ||
Sec. 1112.254. TAX ASSESSOR-COLLECTOR. The tax | ||
assessor-collector of Coke County shall assess and collect taxes | ||
imposed by the district. (Acts 58th Leg., R.S., Ch. 315, Sec. 15 | ||
(part).) | ||
CHAPTER 1113. WILBARGER COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1113.001. DEFINITIONS | ||
Sec. 1113.002. AUTHORITY FOR OPERATION | ||
Sec. 1113.003. POLITICAL SUBDIVISION | ||
Sec. 1113.004. DISTRICT TERRITORY | ||
Sec. 1113.005. CORRECTION OF INVALID PROCEDURES | ||
[Sections 1113.006-1113.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1113.051. BOARD ELECTION; TERM | ||
Sec. 1113.052. NOTICE OF ELECTION AND RUNOFF ELECTION | ||
Sec. 1113.053. BALLOT PETITION | ||
Sec. 1113.054. QUALIFICATIONS FOR OFFICE | ||
Sec. 1113.055. BOND; RECORD OF BOND AND OATH | ||
Sec. 1113.056. BOARD VACANCY | ||
Sec. 1113.057. OFFICERS | ||
Sec. 1113.058. COMPENSATION; EXPENSES | ||
Sec. 1113.059. VOTING REQUIREMENT | ||
Sec. 1113.060. MEETINGS | ||
Sec. 1113.061. EMPLOYEES | ||
Sec. 1113.062. MAINTENANCE OF RECORDS; PUBLIC | ||
INSPECTION | ||
Sec. 1113.063. SEAL | ||
[Sections 1113.064-1113.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1113.101. DISTRICT RESPONSIBILITY | ||
Sec. 1113.102. RESTRICTION ON COUNTY OR MUNICIPAL | ||
TAXATION | ||
Sec. 1113.103. MANAGEMENT AND CONTROL OF DISTRICT | ||
Sec. 1113.104. RULES | ||
Sec. 1113.105. PURCHASING AND ACCOUNTING | ||
Sec. 1113.106. DISTRICT PROPERTY | ||
Sec. 1113.107. EMINENT DOMAIN | ||
Sec. 1113.108. GIFTS AND ENDOWMENTS | ||
Sec. 1113.109. PAYMENT FOR TREATMENT; PROCEDURES | ||
Sec. 1113.110. AUTHORITY TO SUE AND BE SUED | ||
[Sections 1113.111-1113.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1113.151. BUDGET | ||
Sec. 1113.152. PROPOSED BUDGET: NOTICE AND HEARING | ||
Sec. 1113.153. FISCAL YEAR | ||
Sec. 1113.154. ANNUAL AUDIT | ||
Sec. 1113.155. DEPOSITORY OR TREASURER | ||
[Sections 1113.156-1113.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1113.201. GENERAL OBLIGATION BONDS | ||
Sec. 1113.202. TAX TO PAY GENERAL OBLIGATION BONDS | ||
Sec. 1113.203. GENERAL OBLIGATION BOND ELECTION | ||
Sec. 1113.204. MATURITY OF GENERAL OBLIGATION BONDS | ||
Sec. 1113.205. EXECUTION OF GENERAL OBLIGATION BONDS | ||
Sec. 1113.206. REFUNDING BONDS | ||
[Sections 1113.207-1113.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1113.251. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1113.252. TAX RATE | ||
Sec. 1113.253. ELECTION TO INCREASE MAXIMUM TAX RATE | ||
Sec. 1113.254. TAX ASSESSOR-COLLECTOR | ||
CHAPTER 1113. WILBARGER COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1113.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the Wilbarger County Hospital | ||
District. (New.) | ||
Sec. 1113.002. AUTHORITY FOR OPERATION. The Wilbarger | ||
County Hospital District operates in accordance with Section 9, | ||
Article IX, Texas Constitution, and has the powers and | ||
responsibilities provided by that section. (Acts 59th Leg., R.S., | ||
Ch. 6, Sec. 1 (part).) | ||
Sec. 1113.003. POLITICAL SUBDIVISION. The district is a | ||
political subdivision of this state. (Acts 59th Leg., R.S., Ch. 6, | ||
Sec. 17 (part).) | ||
Sec. 1113.004. DISTRICT TERRITORY. The boundaries of the | ||
district are coextensive with the boundaries of Wilbarger County. | ||
(Acts 59th Leg., R.S., Ch. 6, Sec. 1 (part).) | ||
Sec. 1113.005. CORRECTION OF INVALID PROCEDURES. If a | ||
court holds that any procedure under this chapter violates the | ||
constitution of this state or of the United States, the district by | ||
resolution may provide an alternative procedure that conforms with | ||
the constitution. (Acts 59th Leg., R.S., Ch. 6, Sec. 18 (part).) | ||
[Sections 1113.006-1113.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1113.051. BOARD ELECTION; TERM. (a) The board | ||
consists of seven directors elected from the district at large by | ||
position. To be elected, a candidate must receive a majority of the | ||
votes cast in the election for that position. | ||
(b) Directors serve staggered three-year terms. (Acts 59th | ||
Leg., R.S., Ch. 6, Sec. 3 (part).) | ||
Sec. 1113.052. NOTICE OF ELECTION AND RUNOFF ELECTION. (a) | ||
At least 10 days before the date of a directors' election, notice of | ||
the election must be published one time in a newspaper of general | ||
circulation in Wilbarger County. | ||
(b) At least seven days before the date of a runoff election | ||
of directors, notice of the runoff election must be published one | ||
time in a newspaper of general circulation in Wilbarger County. | ||
(Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).) | ||
Sec. 1113.053. BALLOT PETITION. A person who wants to have | ||
the person's name printed on the ballot as a candidate for director | ||
must file with the board secretary a petition requesting that | ||
action. The petition must be: | ||
(1) signed by at least 100 registered voters; and | ||
(2) filed by the deadline imposed by Section 144.005, | ||
Election Code. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).) | ||
Sec. 1113.054. QUALIFICATIONS FOR OFFICE. A person may not | ||
be appointed or elected as a director unless the person is: | ||
(1) a resident of the district; and | ||
(2) at least 18 years of age at the time of the | ||
appointment or election. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 | ||
(part).) | ||
Sec. 1113.055. BOND; RECORD OF BOND AND OATH. (a) Each | ||
director shall execute a good and sufficient bond for $1,000 that | ||
is: | ||
(1) payable to the district; and | ||
(2) conditioned on the faithful performance of the | ||
director's duties. | ||
(b) Each director's bond and constitutional oath of office | ||
shall be deposited with the district's depository bank for | ||
safekeeping. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).) | ||
Sec. 1113.056. BOARD VACANCY. (a) If a vacancy occurs in | ||
the office of director, the remaining directors shall appoint a | ||
director for the unexpired term. | ||
(b) If the number of directors is reduced to fewer than four | ||
for any reason, the remaining directors shall immediately call a | ||
special election to fill the vacancies. If the remaining directors | ||
do not call the election, a district court, on application of a | ||
district voter or taxpayer, may order the directors to hold the | ||
election. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).) | ||
Sec. 1113.057. OFFICERS. The board shall elect from among | ||
its members a presiding officer, assistant presiding officer, and a | ||
secretary. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).) | ||
Sec. 1113.058. COMPENSATION; EXPENSES. A director serves | ||
without compensation but may be reimbursed for actual expenses | ||
incurred in the performance of official duties on approval of the | ||
expenses by the board. (Acts 59th Leg., R.S., Ch. 6, Sec. 4 | ||
(part).) | ||
Sec. 1113.059. VOTING REQUIREMENT. A concurrence of four | ||
directors is sufficient in any matter relating to district | ||
business. (Acts 59th Leg., R.S., Ch. 6, Sec. 3 (part).) | ||
Sec. 1113.060. MEETINGS. (a) A board meeting may be called | ||
by the presiding officer or any four directors. | ||
(b) Notice of the time and place of a board meeting must be | ||
given to each director not later than the seventh day before the | ||
time of the meeting. | ||
(c) This section does not prevent the board from | ||
establishing by resolution a regular time and place for meetings | ||
for which special notice is not required. (Acts 59th Leg., R.S., | ||
Ch. 6, Sec. 3 (part).) | ||
Sec. 1113.061. EMPLOYEES. (a) The board may employ a | ||
general manager and other necessary professional and clerical | ||
personnel. | ||
(b) The title of the general manager hired by the board may | ||
be president. (Acts 59th Leg., R.S., Ch. 6, Secs. 3 (part), 8 | ||
(part).) | ||
Sec. 1113.062. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. | ||
Except as provided by Section 1113.055, all district records, | ||
including books, accounts, notices, and minutes, and all other | ||
matters of the district and the operation of its facilities, shall | ||
be: | ||
(1) maintained at the district office; and | ||
(2) open to public inspection at the district office | ||
at all reasonable hours. (Acts 59th Leg., R.S., Ch. 6, Sec. 8 | ||
(part).) | ||
Sec. 1113.063. SEAL. The board may adopt a seal for the | ||
district. (Acts 59th Leg., R.S., Ch. 6, Sec. 8 (part).) | ||
[Sections 1113.064-1113.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1113.101. DISTRICT RESPONSIBILITY. The district has | ||
full responsibility for providing medical and hospital care for the | ||
district's needy and indigent residents. (Acts 59th Leg., R.S., | ||
Ch. 6, Secs. 2 (part), 13 (part).) | ||
Sec. 1113.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION. | ||
Wilbarger County or a municipality in Wilbarger County may not | ||
impose a tax for hospital purposes. (Acts 59th Leg., R.S., Ch. 6, | ||
Sec. 13 (part).) | ||
Sec. 1113.103. MANAGEMENT AND CONTROL OF DISTRICT. The | ||
management and control of the district is vested in the board. (Acts | ||
59th Leg., R.S., Ch. 6, Sec. 4 (part).) | ||
Sec. 1113.104. RULES. (a) The board may adopt rules | ||
governing the operation of the district and district facilities. | ||
(b) The rules, on approval by the board, may be published in | ||
booklet form at district expense and may be made available to any | ||
taxpayer on request. (Acts 59th Leg., R.S., Ch. 6, Sec. 8 (part).) | ||
Sec. 1113.105. PURCHASING AND ACCOUNTING. (a) The board | ||
may prescribe the method and manner of making purchases and | ||
expenditures by and for the district. | ||
(b) The board shall prescribe: | ||
(1) all accounting and control procedures; and | ||
(2) the method of purchasing necessary supplies, | ||
materials, and equipment. (Acts 59th Leg., R.S., Ch. 6, Sec. 8 | ||
(part).) | ||
Sec. 1113.106. DISTRICT PROPERTY. (a) The board may sell or | ||
lease property owned by the district at public auction or at private | ||
sale, on terms the board may determine. | ||
(b) The sale or lease of property and the terms of the sale | ||
or lease must be approved by a vote of at least three-fourths of the | ||
total number of directors. The vote must be recorded by resolution | ||
in the district's minutes. | ||
(c) After the adoption of a resolution authorizing a sale or | ||
lease, the board shall hold a public hearing on the proposed sale or | ||
lease. Notice of the public hearing and the subject of the hearing | ||
must be published in the English language in a newspaper of general | ||
circulation in the district once a week for three consecutive weeks | ||
preceding the hearing. The last of the notices must be published | ||
not less than five days before the date set for the hearing. | ||
(d) Not more than 10 days after the date of the public | ||
hearing, the board shall again vote on the proposed sale or lease as | ||
stated in the initial resolution. The sale or lease must be | ||
approved by a vote of at least three-fourths of the total number of | ||
directors. The vote must be recorded in the district's minutes. | ||
(e) Any transfer, lease, or sale of district property must | ||
be by an instrument signed by the board presiding officer and | ||
attested by the board secretary. (Acts 59th Leg., R.S., Ch. 6, Sec. | ||
4a.) | ||
Sec. 1113.107. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain to acquire a fee simple or | ||
other interest in any type of property located in district | ||
territory, if the interest is necessary or convenient to exercise a | ||
right, power, privilege, or function conferred on the district by | ||
this chapter. | ||
(b) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code, except the | ||
district is not required to deposit in the trial court money or a | ||
bond as otherwise required by Section 21.021(a), Property Code. | ||
(c) In a condemnation proceeding brought by the district, | ||
the district is not required to: | ||
(1) pay in advance or provide a bond or other security | ||
for costs in the trial court; | ||
(2) provide a bond for the issuance of a temporary | ||
restraining order or a temporary injunction; or | ||
(3) provide a bond for costs or a supersedeas bond on | ||
an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 6, | ||
Sec. 10.) | ||
Sec. 1113.108. GIFTS AND ENDOWMENTS. The board may accept | ||
for the district a gift or endowment to be held in trust and | ||
administered by the board for the purposes and under the | ||
directions, limitations, or other provisions prescribed in writing | ||
by the donor that are not inconsistent with the proper management | ||
and objectives of the district. (Acts 59th Leg., R.S., Ch. 6, Sec. | ||
15.) | ||
Sec. 1113.109. PAYMENT FOR TREATMENT; PROCEDURES. (a) | ||
When a patient who claims to be indigent is admitted to a district | ||
facility, the board shall have an inquiry made into the | ||
circumstances of: | ||
(1) the patient; and | ||
(2) the patient's relatives legally liable for the | ||
patient's support. | ||
(b) If an agent designated by the district to handle the | ||
inquiry determines that the patient or those relatives cannot pay | ||
for all or part of the patient's care and treatment in the hospital, | ||
the amount that cannot be paid becomes a charge against the | ||
district. | ||
(c) If it is determined that the patient or those relatives | ||
are liable to pay for all or part of the patient's care and | ||
treatment, the patient or those relatives shall be ordered to pay to | ||
the district's treasurer a specified amount each week for the | ||
patient's support. The amount ordered must be proportionate to | ||
their financial ability and may not exceed the actual per capita | ||
cost of maintenance. | ||
(d) The district may collect the amount from the patient's | ||
estate, or from those relatives legally liable for the patient's | ||
support, in the manner provided by law for the collection of | ||
expenses of the last illness of a deceased person. | ||
(e) If there is a dispute as to the ability to pay or doubt | ||
in the mind of the district's designated agent, the board shall hold | ||
a hearing and, after calling witnesses, shall: | ||
(1) resolve the dispute or doubt; and | ||
(2) issue any appropriate order. | ||
(f) The order may be appealed to the district court. (Acts | ||
59th Leg., R.S., Ch. 6, Sec. 14.) | ||
Sec. 1113.110. AUTHORITY TO SUE AND BE SUED. As a | ||
governmental agency, the district may sue and be sued in its own | ||
name in any court in this state. (Acts 59th Leg., R.S., Ch. 6, Sec. | ||
17 (part).) | ||
[Sections 1113.111-1113.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1113.151. BUDGET. The board annually shall have a | ||
budget prepared for the next fiscal year that includes: | ||
(1) proposed expenditures and disbursements; | ||
(2) estimated receipts and collections; and | ||
(3) the amount of taxes required to be imposed for the | ||
year. (Acts 59th Leg., R.S., Ch. 6, Sec. 9 (part).) | ||
Sec. 1113.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) | ||
The board shall hold a public hearing on the proposed budget. | ||
(b) Notice of the hearing must be published at least once in | ||
a newspaper of general circulation in Wilbarger County not later | ||
than the 10th day before the date of the hearing. | ||
(c) Any district taxpayer is entitled to: | ||
(1) appear at the time and place designated in the | ||
notice; and | ||
(2) be heard regarding any item included in the | ||
proposed budget. (Acts 59th Leg., R.S., Ch. 6, Sec. 9 (part).) | ||
Sec. 1113.153. FISCAL YEAR. The district's fiscal year | ||
begins on October 1 and ends on September 30. (Acts 59th Leg., | ||
R.S., Ch. 6, Sec. 9 (part).) | ||
Sec. 1113.154. ANNUAL AUDIT. (a) The board annually shall | ||
have an independent audit made of the district's books and records | ||
for the preceding fiscal year. | ||
(b) Not later than December 31 each year, the audit shall be | ||
filed: | ||
(1) with the comptroller; and | ||
(2) at the district's office. (Acts 59th Leg., R.S., | ||
Ch. 6, Sec. 9 (part).) | ||
Sec. 1113.155. DEPOSITORY OR TREASURER. (a) The board by | ||
resolution shall designate a bank or banks in Wilbarger County as | ||
the district's depository or treasurer. A designated bank serves | ||
for two years and until a successor is designated. | ||
(b) All income received by the district shall be deposited | ||
with the district depository. | ||
(c) All district money shall be secured in the manner | ||
provided for securing county funds. (Acts 59th Leg., R.S., Ch. 6, | ||
Secs. 5 (part), 11.) | ||
[Sections 1113.156-1113.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1113.201. GENERAL OBLIGATION BONDS. The board may | ||
issue and sell general obligation bonds in the name and on the faith | ||
and credit of the district for any purpose relating to the purchase, | ||
construction, acquisition, repair, or renovation of buildings and | ||
improvements and equipping buildings and improvements for hospital | ||
purposes. (Acts 59th Leg., R.S., Ch. 6, Sec. 6 (part).) | ||
Sec. 1113.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) | ||
The board shall impose an ad valorem tax at a rate sufficient to | ||
create an interest and sinking fund to pay the principal of and | ||
interest on general obligation bonds issued by the district under | ||
Section 1113.201 as the bonds mature. | ||
(b) The tax required by this section together with any | ||
maintenance and operation tax the district imposes may not in any | ||
year exceed: | ||
(1) 50 cents on each $100 valuation of all taxable | ||
property in the district; or | ||
(2) the maximum amount approved by the voters under | ||
Section 1113.253. (Acts 59th Leg., R.S., Ch. 6, Sec. 6 (part).) | ||
Sec. 1113.203. GENERAL OBLIGATION BOND ELECTION. (a) The | ||
district may issue general obligation bonds only if the bonds are | ||
authorized by a majority of the district voters voting at an | ||
election held for that purpose. | ||
(b) The board may order a bond election on its own motion. | ||
(c) The order must specify: | ||
(1) the location of the polling places; | ||
(2) the presiding election officers; | ||
(3) the purpose for which the bonds are to be issued; | ||
(4) the amount of the bonds to be authorized; | ||
(5) the maximum interest rate of the bonds; and | ||
(6) the maximum maturity date of the bonds. | ||
(d) Notice of a bond election shall be given by publishing a | ||
substantial copy of the order in a newspaper of general circulation | ||
in Wilbarger County once each week for two consecutive weeks before | ||
the date of the election. The first publication must occur at least | ||
14 days before the date of the election. (Acts 59th Leg., R.S., Ch. | ||
6, Sec. 6 (part).) | ||
Sec. 1113.204. MATURITY OF GENERAL OBLIGATION BONDS. | ||
District general obligation bonds must mature not later than 40 | ||
years after the date of issuance. (Acts 59th Leg., R.S., Ch. 6, | ||
Sec. 6 (part).) | ||
Sec. 1113.205. EXECUTION OF GENERAL OBLIGATION BONDS. The | ||
board presiding officer shall execute the general obligation bonds | ||
in the district's name, and the board secretary shall countersign | ||
the bonds. (Acts 59th Leg., R.S., Ch. 6, Sec. 6 (part).) | ||
Sec. 1113.206. REFUNDING BONDS. (a) District refunding | ||
bonds may be issued without an election and in the manner provided | ||
by this subchapter to refund outstanding bonds issued by the | ||
district. | ||
(b) A refunding bond may be: | ||
(1) sold, with the proceeds of the refunding bond | ||
applied to the payment of the outstanding bonds; or | ||
(2) exchanged wholly or partly for not less than a | ||
similar amount of the outstanding bonds and the unpaid matured | ||
interest on those bonds. (Acts 59th Leg., R.S., Ch. 6, Sec. 6 | ||
(part).) | ||
[Sections 1113.207-1113.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1113.251. IMPOSITION OF AD VALOREM TAX. (a) On final | ||
approval of the budget, the board shall impose a tax on all taxable | ||
property in the district subject to district taxation. | ||
(b) The board shall impose the tax to: | ||
(1) pay the interest on and create a sinking fund for | ||
bonds issued by the district for hospital purposes as provided by | ||
this chapter; | ||
(2) provide for the maintenance and operations of the | ||
hospital or hospital system; | ||
(3) make improvements and additions to the hospital | ||
system; and | ||
(4) acquire necessary sites for the hospital system by | ||
purchase, lease, or condemnation. (Acts 59th Leg., R.S., Ch. 6, | ||
Secs. 5 (part), 9 (part).) | ||
Sec. 1113.252. TAX RATE. Unless the rate is increased as | ||
provided by Section 1113.253, the board may impose the tax at a rate | ||
not to exceed 50 cents on each $100 valuation of all taxable | ||
property in the district. (Acts 59th Leg., R.S., Ch. 6, Sec. 5 | ||
(part).) | ||
Sec. 1113.253. ELECTION TO INCREASE MAXIMUM TAX RATE. The | ||
board may call an election to increase the district's maximum tax | ||
rate to a rate not to exceed 75 cents on each $100 valuation of all | ||
taxable property in the district if the board determines that an | ||
increase is necessary to carry out the purposes for which the | ||
initial tax rate was authorized. (Acts 59th Leg., R.S., Ch. 6, Sec. | ||
7 (part).) | ||
Sec. 1113.254. TAX ASSESSOR-COLLECTOR. The tax | ||
assessor-collector of Wilbarger County shall assess and collect | ||
taxes imposed by the district. (Acts 59th Leg., R.S., Ch. 6, Secs. | ||
5 (part), 9 (part).) | ||
CHAPTER 1114. WILLACY COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1114.001. DEFINITIONS | ||
Sec. 1114.002. AUTHORITY FOR OPERATION | ||
Sec. 1114.003. ESSENTIAL PUBLIC FUNCTION | ||
Sec. 1114.004. DISTRICT TERRITORY | ||
Sec. 1114.005. LOCATION OF HOSPITAL FACILITIES | ||
Sec. 1114.006. DISTRICT SUPPORT AND MAINTENANCE NOT | ||
STATE OBLIGATION | ||
Sec. 1114.007. RESTRICTION ON STATE FINANCIAL | ||
ASSISTANCE | ||
[Sections 1114.008-1114.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1114.051. BOARD ELECTION; TERM | ||
Sec. 1114.052. NOTICE OF ELECTION | ||
Sec. 1114.053. BALLOT PETITION | ||
Sec. 1114.054. QUALIFICATIONS FOR OFFICE | ||
Sec. 1114.055. OATH; BOND; RECORD OF BOND | ||
Sec. 1114.056. BOARD VACANCY | ||
Sec. 1114.057. OFFICERS | ||
Sec. 1114.058. COMPENSATION; EXPENSES | ||
Sec. 1114.059. MEETINGS | ||
Sec. 1114.060. VOTING REQUIREMENT | ||
Sec. 1114.061. ADMINISTRATOR; ASSISTANT ADMINISTRATOR | ||
Sec. 1114.062. GENERAL DUTIES OF DISTRICT | ||
ADMINISTRATOR | ||
Sec. 1114.063. APPOINTMENT OF STAFF; EMPLOYEES | ||
Sec. 1114.064. RETIREMENT BENEFITS | ||
[Sections 1114.065-1114.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1114.101. DISTRICT RESPONSIBILITY | ||
Sec. 1114.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT | ||
Sec. 1114.103. MANAGEMENT, CONTROL, AND ADMINISTRATION | ||
Sec. 1114.104. RULES | ||
Sec. 1114.105. PURCHASING AND ACCOUNTING | ||
Sec. 1114.106. DISTRICT PROPERTY, FACILITIES, AND | ||
EQUIPMENT | ||
Sec. 1114.107. GIFTS AND ENDOWMENTS | ||
Sec. 1114.108. CONSTRUCTION CONTRACTS | ||
Sec. 1114.109. OPERATING AND MANAGEMENT CONTRACTS | ||
Sec. 1114.110. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR CARE AND TREATMENT | ||
Sec. 1114.111. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR INVESTIGATORY OR OTHER SERVICES | ||
Sec. 1114.112. HEALTH CARE SERVICES | ||
Sec. 1114.113. HEALTH CARE SERVICES ELIGIBILITY | ||
Sec. 1114.114. MANDATED PROVIDER | ||
Sec. 1114.115. NOTIFICATION OF PROVISION OF | ||
NONEMERGENCY SERVICES | ||
Sec. 1114.116. NOTIFICATION OF PROVISION OF EMERGENCY | ||
SERVICES | ||
Sec. 1114.117. PAYMENT FOR SERVICES | ||
Sec. 1114.118. AUTHORITY TO SUE AND BE SUED | ||
[Sections 1114.119-1114.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1114.151. BUDGET | ||
Sec. 1114.152. NOTICE; HEARING; ACTION ON BUDGET | ||
Sec. 1114.153. FISCAL YEAR | ||
Sec. 1114.154. ANNUAL AUDIT | ||
Sec. 1114.155. INSPECTION OF ANNUAL AUDIT AND DISTRICT | ||
RECORDS | ||
Sec. 1114.156. DEPOSITORY | ||
Sec. 1114.157. SPENDING AND INVESTMENT RESTRICTIONS | ||
[Sections 1114.158-1114.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1114.201. GENERAL OBLIGATION BONDS | ||
Sec. 1114.202. TAX TO PAY GENERAL OBLIGATION BONDS | ||
Sec. 1114.203. GENERAL OBLIGATION BOND ELECTION | ||
Sec. 1114.204. REVENUE BONDS | ||
Sec. 1114.205. PROMISSORY NOTES | ||
Sec. 1114.206. REFUNDING BONDS | ||
Sec. 1114.207. MATURITY OF BONDS | ||
Sec. 1114.208. EXECUTION OF BONDS | ||
Sec. 1114.209. BONDS EXEMPT FROM TAXATION | ||
[Sections 1114.210-1114.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1114.251. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1114.252. TAX RATE | ||
Sec. 1114.253. TAX ASSESSOR-COLLECTOR | ||
[Sections 1114.254-1114.300 reserved for expansion] | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 1114.301. DISSOLUTION; ELECTION | ||
Sec. 1114.302. NOTICE OF ELECTION | ||
Sec. 1114.303. BALLOT | ||
Sec. 1114.304. ELECTION RESULTS | ||
Sec. 1114.305. DETERMINATION OF DEBT | ||
CHAPTER 1114. WILLACY COUNTY HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1114.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Commissioners court" means the Commissioners | ||
Court of Willacy County. | ||
(3) "Director" means a member of the board. | ||
(4) "District" means the Willacy County Hospital | ||
District. (Acts 62nd Leg., R.S., Ch. 323, Sec. 1 (part); New.) | ||
Sec. 1114.002. AUTHORITY FOR OPERATION. The Willacy County | ||
Hospital District operates in accordance with Section 9, Article | ||
IX, Texas Constitution, and has the rights, powers, and duties | ||
provided by this chapter. (Acts 62nd Leg., R.S., Ch. 323, Sec. 1 | ||
(part).) | ||
Sec. 1114.003. ESSENTIAL PUBLIC FUNCTION. The district | ||
performs an essential public function in carrying out the purposes | ||
of this chapter. (Acts 62nd Leg., R.S., Ch. 323, Sec. 20 (part).) | ||
Sec. 1114.004. DISTRICT TERRITORY. The boundaries of the | ||
district are coextensive with the boundaries of Willacy County, | ||
Texas. (Acts 62nd Leg., R.S., Ch. 323, Sec. 1 (part).) | ||
Sec. 1114.005. LOCATION OF HOSPITAL FACILITIES. The | ||
district hospital facilities shall be constructed and located on | ||
the property described by Section 10(a), Chapter 323, Acts of the | ||
62nd Legislature, Regular Session, 1971. (Acts 62nd Leg., R.S., | ||
Ch. 323, Sec. 10(a) (part); New.) | ||
Sec. 1114.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE | ||
OBLIGATION. The support and maintenance of the district and any | ||
indebtedness incurred by the district under this chapter may not | ||
become a charge against or obligation of this state. (Acts 62nd | ||
Leg., R.S., Ch. 323, Sec. 19 (part).) | ||
Sec. 1114.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE. | ||
The legislature may not make a direct appropriation for the | ||
construction, maintenance, or improvement of a district facility. | ||
(Acts 62nd Leg., R.S., Ch. 323, Sec. 19 (part).) | ||
[Sections 1114.008-1114.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1114.051. BOARD ELECTION; TERM. (a) The district is | ||
governed by a board of nine directors elected as follows: | ||
(1) two directors elected from each commissioners | ||
precinct; and | ||
(2) one director elected from the district at large. | ||
(b) The two candidates receiving the most votes from a | ||
commissioners precinct are the directors for that precinct. The | ||
candidate receiving the most votes from the district at large is the | ||
director for the district at large. | ||
(c) Unless four-year terms are established under Section | ||
285.081, Health and Safety Code: | ||
(1) directors serve staggered two-year terms with: | ||
(A) the terms of the directors elected from | ||
odd-numbered precincts and the term of the director from the | ||
district at large expiring each even-numbered year; and | ||
(B) the terms of the directors elected from | ||
even-numbered precincts expiring each odd-numbered year; and | ||
(2) an election shall be held on an authorized uniform | ||
election date each year to elect the appropriate number of | ||
directors. (Acts 62nd Leg., R.S., Ch. 323, Secs. 4(a), (c).) | ||
Sec. 1114.052. NOTICE OF ELECTION. At least 90 days before | ||
the date of a directors' election, notice of the election must be | ||
published one time in a newspaper or newspapers that individually | ||
or collectively provide general circulation in the district. (Acts | ||
62nd Leg., R.S., Ch. 323, Sec. 4(e) (part).) | ||
Sec. 1114.053. BALLOT PETITION. A person who wants to have | ||
the person's name printed on the ballot as a candidate for director | ||
must file with the board secretary a petition requesting that | ||
action. The petition must: | ||
(1) be signed by at least 10 registered voters; | ||
(2) be filed by the deadline imposed by Section | ||
144.005, Election Code; and | ||
(3) specify the commissioner precinct the person seeks | ||
to represent or specify that the person seeks to represent the | ||
district at large. (Acts 62nd Leg., R.S., Ch. 323, Sec. 4(e) | ||
(part).) | ||
Sec. 1114.054. QUALIFICATIONS FOR OFFICE. (a) To qualify | ||
for election to the board, a person must be: | ||
(1) a resident of the district; and | ||
(2) a qualified voter. | ||
(b) In addition to the qualifications required by | ||
Subsection (a), a person who is elected from a commissioners | ||
precinct or who is appointed to fill a vacancy for a commissioners | ||
precinct must be a resident of that commissioners precinct. | ||
(c) A person is not eligible to serve as a director if the | ||
person is: | ||
(1) the district administrator; | ||
(2) a district employee; | ||
(3) a member of the hospital staff; or | ||
(4) an employee of a member of the hospital staff. | ||
(Acts 62nd Leg., R.S., Ch. 323, Secs. 4(b), (f).) | ||
Sec. 1114.055. OATH; BOND; RECORD OF BOND. (a) A person | ||
elected to the board shall qualify for office by executing: | ||
(1) a written oath; and | ||
(2) a good and sufficient surety bond for $5,000 that | ||
is: | ||
(A) in the form prescribed by the board; | ||
(B) payable to the district; and | ||
(C) conditioned on the faithful performance of | ||
the director's duties. | ||
(b) Each director's bond shall be kept in the district's | ||
permanent records. | ||
(c) The board may pay for directors' bonds with district | ||
funds. (Acts 62nd Leg., R.S., Ch. 323, Sec. 5(a) (part).) | ||
Sec. 1114.056. BOARD VACANCY. If a vacancy occurs in the | ||
office of director, the remaining directors by a majority vote | ||
shall appoint a director for the unexpired term. (Acts 62nd Leg., | ||
R.S., Ch. 323, Sec. 4(d).) | ||
Sec. 1114.057. OFFICERS. (a) The board shall elect from | ||
among its members a president, a vice president, a secretary, and a | ||
treasurer. | ||
(b) The offices of secretary and treasurer may be held by | ||
one person. | ||
(c) Each officer of the board serves a one-year term. | ||
(d) The board shall fill a vacancy in a board office for the | ||
unexpired term. (Acts 62nd Leg., R.S., Ch. 323, Secs. 5(b), (c).) | ||
Sec. 1114.058. COMPENSATION; EXPENSES. A director serves | ||
without compensation but may be reimbursed for actual expenses | ||
incurred in the performance of official duties. The expenses must | ||
be: | ||
(1) reported in the district's records; and | ||
(2) approved by the board. (Acts 62nd Leg., R.S., Ch. | ||
323, Sec. 5(e).) | ||
Sec. 1114.059. MEETINGS. The board shall meet at least | ||
once a month on a regular meeting date prescribed by the board. | ||
(Acts 62nd Leg., R.S., Ch. 323, Sec. 5(f).) | ||
Sec. 1114.060. VOTING REQUIREMENT. A concurrence of five | ||
directors is required in any matter relating to district business. | ||
(Acts 62nd Leg., R.S., Ch. 323, Sec. 5(d) (part).) | ||
Sec. 1114.061. ADMINISTRATOR; ASSISTANT ADMINISTRATOR. | ||
(a) The board shall appoint a qualified person as district | ||
administrator. | ||
(b) The board may appoint an assistant administrator. | ||
(c) The administrator and any assistant administrator serve | ||
at the will of the board and shall receive the compensation | ||
determined by the board. | ||
(d) On assuming the duties of district administrator, the | ||
administrator shall execute a surety bond payable to the district | ||
in an amount and form set by the board of not less than $5,000 that: | ||
(1) is conditioned on the administrator faithfully | ||
performing the administrator's duties; and | ||
(2) contains any other conditions the board requires. | ||
(Acts 62nd Leg., R.S., Ch. 323, Sec. 6(a) (part).) | ||
Sec. 1114.062. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. | ||
Subject to any limitations prescribed by the board, the district | ||
administrator shall: | ||
(1) supervise the work and activities of the district; | ||
and | ||
(2) direct the affairs of the district. (Acts 62nd | ||
Leg., R.S., Ch. 323, Sec. 6(a) (part).) | ||
Sec. 1114.063. APPOINTMENT OF STAFF; EMPLOYEES. (a) The | ||
board may appoint to or dismiss from the staff any doctor the board | ||
considers necessary for the efficient operation of the district and | ||
may make temporary appointments to the staff if warranted. | ||
(b) The district may employ fiscal agents, accountants, | ||
architects, and attorneys as the board considers proper. | ||
(c) The board may delegate to the district administrator the | ||
authority to employ district employees, including technicians and | ||
nurses. (Acts 62nd Leg., R.S., Ch. 323, Secs. 6(a) (part), 15.) | ||
Sec. 1114.064. RETIREMENT BENEFITS. The board may provide | ||
retirement benefits for district employees by: | ||
(1) establishing or administering a retirement | ||
program; or | ||
(2) participating in: | ||
(A) the Texas County and District Retirement | ||
System; or | ||
(B) another statewide retirement system in which | ||
the district is eligible to participate. (Acts 62nd Leg., R.S., Ch. | ||
323, Sec. 6(a) (part).) | ||
[Sections 1114.065-1114.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1114.101. DISTRICT RESPONSIBILITY. (a) The district | ||
shall provide for the medical and hospital care of the district's | ||
needy inhabitants, as required by Section 9, Article IX, Texas | ||
Constitution, and this chapter. | ||
(b) The district has full responsibility for providing | ||
health care services for the district's indigent residents, subject | ||
to the provisions of this chapter. (Acts 62nd Leg., R.S., Ch. 323, | ||
Secs. 2, 18 (part).) | ||
Sec. 1114.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT. A political subdivision located within the | ||
district may not impose a tax or issue bonds or other obligations | ||
for hospital purposes or to provide medical care. (Acts 62nd Leg., | ||
R.S., Ch. 323, Sec. 18 (part).) | ||
Sec. 1114.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. | ||
The board shall manage, control, and administer the district's | ||
services, money, and resources. (Acts 62nd Leg., R.S., Ch. 323, | ||
Sec. 6(a) (part).) | ||
Sec. 1114.104. RULES. The board may adopt rules governing | ||
the operation of the hospital, the hospital system, and the | ||
district's staff and employees. (Acts 62nd Leg., R.S., Ch. 323, | ||
Sec. 6(a) (part).) | ||
Sec. 1114.105. PURCHASING AND ACCOUNTING. The board may | ||
prescribe: | ||
(1) the method and manner of making purchases and | ||
expenditures by and for the district; and | ||
(2) all accounting and control procedures. (Acts 62nd | ||
Leg., R.S., Ch. 323, Sec. 11 (part).) | ||
Sec. 1114.106. DISTRICT PROPERTY, FACILITIES, AND | ||
EQUIPMENT. (a) The board may lease all or part of the district's | ||
buildings and facilities on terms considered to be in the best | ||
interest of the district's inhabitants. The term of the lease may | ||
not exceed 25 years. | ||
(b) The district may acquire equipment for use in the | ||
district's hospital system and mortgage or pledge the property as | ||
security for the payment of the purchase price, subject to the | ||
provisions of this chapter. A contract entered into under this | ||
subsection must provide that the entire obligation be retired not | ||
later than the fifth anniversary of the date of the contract. (Acts | ||
62nd Leg., R.S., Ch. 323, Secs. 10(c) (part), 11 (part).) | ||
Sec. 1114.107. GIFTS AND ENDOWMENTS. The board may accept | ||
for the district a gift or endowment to be held in trust and | ||
administered by the board for the purposes and under the | ||
directions, limitations, or provisions prescribed in writing by the | ||
donor that are not inconsistent with the proper management and | ||
object of the district. (Acts 62nd Leg., R.S., Ch. 323, Sec. 17 | ||
(part).) | ||
Sec. 1114.108. CONSTRUCTION CONTRACTS. A construction | ||
contract that involves the expenditure of more than the amount | ||
provided by Section 271.024, Local Government Code, may be made | ||
only after competitive bidding as provided by Subchapter B, Chapter | ||
271, Local Government Code. (Acts 62nd Leg., R.S., Ch. 323, Sec. 11 | ||
(part).) | ||
Sec. 1114.109. OPERATING AND MANAGEMENT CONTRACTS. The | ||
board may enter into an operating or management contract relating | ||
to a district facility. (Acts 62nd Leg., R.S., Ch. 323, Sec. 10(c) | ||
(part).) | ||
Sec. 1114.110. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
CARE AND TREATMENT. The board may contract with: | ||
(1) any county or municipality located outside the | ||
district for the care and treatment of a sick or injured person of | ||
that county or municipality; and | ||
(2) this state or a federal agency for the treatment of | ||
a sick or injured person. (Acts 62nd Leg., R.S., Ch. 323, Sec. 6(a) | ||
(part).) | ||
Sec. 1114.111. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
INVESTIGATORY OR OTHER SERVICES. The board may contract with | ||
another political subdivision or a governmental agency for the | ||
district to provide investigatory or other services for the | ||
medical, hospital, or welfare needs of district inhabitants. (Acts | ||
62nd Leg., R.S., Ch. 323, Sec. 6(a) (part).) | ||
Sec. 1114.112. HEALTH CARE SERVICES. (a) The district | ||
shall provide the inpatient and outpatient hospital services and | ||
physician services a county is required to provide under Section | ||
61.028(a), Health and Safety Code. | ||
(b) The district shall provide maternal labor and delivery | ||
services in the district. (Acts 62nd Leg., R.S., Ch. 323, Sec. | ||
16A(a).) | ||
Sec. 1114.113. HEALTH CARE SERVICES ELIGIBILITY. (a) The | ||
district shall provide health care assistance as required by this | ||
chapter to each eligible resident of the district. | ||
(b) A person is eligible for health care assistance from the | ||
district if the person: | ||
(1) resides within the district; and | ||
(2) meets the basic income and resources eligibility | ||
requirements established by the district. (Acts 62nd Leg., R.S., | ||
Ch. 323, Secs. 16(a), (b).) | ||
Sec. 1114.114. MANDATED PROVIDER. The district may select | ||
one or more providers of health care services and may require an | ||
eligible resident to obtain care from a provider except: | ||
(1) in an emergency; | ||
(2) when medically inappropriate; or | ||
(3) when care is not available. (Acts 62nd Leg., R.S., | ||
Ch. 323, Sec. 16A(b) (part).) | ||
Sec. 1114.115. NOTIFICATION OF PROVISION OF NONEMERGENCY | ||
SERVICES. (a) The district may require a mandated provider | ||
selected by the district under Section 1114.114 to obtain approval | ||
from the district before providing nonemergency health care | ||
services to an eligible resident of the district. | ||
(b) If the district has not selected a mandated provider, a | ||
provider of nonemergency health care assistance must inform the | ||
district of any nonemergency health care services provided to a | ||
patient as required by this section. | ||
(c) A provider that delivers or will deliver nonemergency | ||
health care services to a patient who the provider suspects might be | ||
eligible for assistance under this chapter shall notify the | ||
district that nonemergency health care services have been or will | ||
be provided to the patient. The provider must notify the district: | ||
(1) by telephone, as soon as possible after the | ||
provider determines that the patient resides in the district; and | ||
(2) by mail postmarked not later than the third | ||
working day after the date on which the provider determines that the | ||
patient resides in the district. | ||
(d) If the provider knows that the district has selected a | ||
mandated provider or if, after contacting the district, the | ||
district requests that the patient be transferred to a mandated | ||
provider, the provider shall transfer the patient to the mandated | ||
provider unless it is medically inappropriate to transfer the | ||
patient. | ||
(e) The provider, the patient, and the patient's family | ||
shall cooperate with the district in determining if the patient is | ||
an eligible resident of the district. | ||
(f) Not later than the 14th day after the date on which the | ||
district receives sufficient information to determine eligibility, | ||
the district shall determine if the patient is eligible for | ||
assistance. If the district does not determine the patient's | ||
eligibility within that period, the patient is considered to be | ||
eligible. The district shall notify the provider of the district's | ||
decision. | ||
(g) A provider that delivers nonemergency services to a | ||
patient who is eligible for assistance under this chapter and fails | ||
to comply with this section is not eligible for payment for the | ||
services from the district. (Acts 62nd Leg., R.S., Ch. 323, Secs. | ||
16A(c), (e), (f), (g) (part).) | ||
Sec. 1114.116. NOTIFICATION OF PROVISION OF EMERGENCY | ||
SERVICES. (a) If a patient who is eligible for assistance under | ||
this chapter requires emergency services from a nonmandated | ||
provider, the provider must notify the district as provided by this | ||
section. | ||
(b) A provider delivering emergency services to a patient | ||
who the provider suspects might be eligible for assistance under | ||
this chapter shall notify the district that emergency services have | ||
been or will be provided to the patient. The provider must notify | ||
the district: | ||
(1) by telephone, as soon as possible after the | ||
provider determines that the patient resides in the district; and | ||
(2) by mail postmarked not later than the third | ||
working day after the date on which the provider determines that the | ||
patient resides in the district. | ||
(c) A provider shall attempt to determine if a patient | ||
resides in the district at the time the patient first receives | ||
services. | ||
(d) The provider, the patient, and the patient's family | ||
shall cooperate with the district in determining if the patient is | ||
an eligible resident of the district. | ||
(e) Not later than the 14th day after the date on which the | ||
district receives sufficient information to determine eligibility, | ||
the district shall determine if the patient is eligible for | ||
assistance. If the district does not determine the patient's | ||
eligibility within that period, the patient is considered to be | ||
eligible. The district shall notify the provider of the district's | ||
decision. | ||
(f) A provider that delivers emergency services to a patient | ||
who is eligible for assistance under this chapter and fails to | ||
comply with this section is not eligible for payment for the | ||
services from the district. (Acts 62nd Leg., R.S., Ch. 323, Secs. | ||
16A(d), (e), (f), (g) (part).) | ||
Sec. 1114.117. PAYMENT FOR SERVICES. (a) To the extent | ||
prescribed by this chapter, the district is liable for health care | ||
services provided under this chapter by any provider, including | ||
another hospital district or public hospital, to an eligible | ||
resident of the district. | ||
(b) The payment rates and limits prescribed by Sections | ||
61.034 and 61.035, Health and Safety Code, that relate to county | ||
services apply to inpatient and outpatient hospital services and | ||
physician services that the district is required to provide if: | ||
(1) the district is not able to provide the required | ||
services or emergency services; and | ||
(2) the services are provided elsewhere. (Acts 62nd | ||
Leg., R.S., Ch. 323, Sec. 16B.) | ||
Sec. 1114.118. AUTHORITY TO SUE AND BE SUED. (a) The | ||
district, through the board, may sue and be sued. | ||
(b) The district is entitled to all causes of action and | ||
defenses to which similar authorities are entitled. (Acts 62nd | ||
Leg., R.S., Ch. 323, Sec. 6 (part).) | ||
[Sections 1114.119-1114.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1114.151. BUDGET. (a) The district administrator | ||
shall prepare an annual budget for approval by the board. | ||
(b) The proposed budget must contain a complete financial | ||
statement of: | ||
(1) the outstanding obligations of the district; | ||
(2) the money received by the district from all | ||
sources during the previous year; | ||
(3) the money available to the district from all | ||
sources during the ensuing year; | ||
(4) the balances expected at the end of the year in | ||
which the budget is being prepared; | ||
(5) the estimated revenue and balances available to | ||
cover the proposed budget; | ||
(6) the estimated tax rate required; and | ||
(7) the proposed expenditures and disbursements and | ||
the estimated receipts and collections for the following fiscal | ||
year. (Acts 62nd Leg., R.S., Ch. 323, Sec. 7(a) (part).) | ||
Sec. 1114.152. NOTICE; HEARING; ACTION ON BUDGET. (a) The | ||
board shall hold a public hearing each year on the proposed annual | ||
budget. | ||
(b) At least 10 days before the date of the hearing, notice | ||
of the hearing shall be published one time in a newspaper or | ||
newspapers that individually or collectively provide general | ||
circulation in the district. | ||
(c) Any district resident is entitled to be present and | ||
participate at the hearing. | ||
(d) At the conclusion of the hearing, the board shall act on | ||
the budget proposed by the district administrator. The board may | ||
make any changes in the proposed budget that the board judges to be | ||
in the interests of the district's residents and that the law | ||
warrants. (Acts 62nd Leg., R.S., Ch. 323, Sec. 7(a) (part).) | ||
Sec. 1114.153. FISCAL YEAR. The district operates | ||
according to a fiscal year that begins on July 1 and ends on June 30. | ||
(Acts 62nd Leg., R.S., Ch. 323, Sec. 7(a) (part).) | ||
Sec. 1114.154. ANNUAL AUDIT. (a) The district shall have | ||
an independent annual audit made of the district's financial | ||
condition for each fiscal year. | ||
(b) After approval by the board, the audit shall be filed at | ||
the district's office. (Acts 62nd Leg., R.S., Ch. 323, Sec. 7(a) | ||
(part).) | ||
Sec. 1114.155. INSPECTION OF ANNUAL AUDIT AND DISTRICT | ||
RECORDS. The annual audit and other district records shall be open | ||
to inspection at the district's principal office. (Acts 62nd Leg., | ||
R.S., Ch. 323, Sec. 7(a) (part).) | ||
Sec. 1114.156. DEPOSITORY. (a) Every two years, the board | ||
shall select one or more banks in the district to serve as a | ||
depository for district money. | ||
(b) All district money, other than money invested as | ||
provided by Section 1114.157(b), and money transmitted to a bank | ||
for payment of bonds or obligations issued or assumed by the | ||
district, shall be deposited as received with the depository and | ||
shall remain on deposit. | ||
(c) This chapter, including Subsection (b), does not limit | ||
the power of the board to: | ||
(1) place a part of district money on time deposit; or | ||
(2) purchase certificates of deposit, obligations of | ||
the United States, or obligations guaranteed by the United States. | ||
(Acts 62nd Leg., R.S., Ch. 323, Sec. 12(a).) | ||
Sec. 1114.157. SPENDING AND INVESTMENT RESTRICTIONS. (a) | ||
Except as otherwise provided by Section 1114.106(b) and by | ||
Subchapter E, the district may not incur an obligation payable from | ||
district revenue other than the revenue on hand or to be on hand in | ||
the current and following district fiscal years. | ||
(b) The board may invest operating, depreciation, or | ||
building reserves only in funds or securities specified by Chapter | ||
2256, Government Code. (Acts 62nd Leg., R.S., Ch. 323, Secs. 6(a) | ||
(part), 11 (part).) | ||
[Sections 1114.158-1114.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1114.201. GENERAL OBLIGATION BONDS. The board may | ||
issue and sell general obligation bonds in the name and on the faith | ||
and credit of the district for: | ||
(1) purchasing, constructing, acquiring, repairing, | ||
or renovating buildings and improvements; | ||
(2) equipping buildings and improvements for hospital | ||
purposes; | ||
(3) acquiring and operating a mobile emergency medical | ||
service; and | ||
(4) providing medical services. (Acts 62nd Leg., | ||
R.S., Ch. 323, Sec. 8 (part).) | ||
Sec. 1114.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At | ||
the time general obligation bonds are issued by the district, the | ||
board shall impose an ad valorem tax at a rate sufficient to create | ||
an interest and sinking fund to pay the principal of and interest on | ||
the bonds as the bonds mature. | ||
(b) The tax required by this section, together with any | ||
other ad valorem tax the district imposes, may not in any year | ||
exceed the tax rate approved by the voters. (Acts 62nd Leg., R.S., | ||
Ch. 323, Sec. 8 (part).) | ||
Sec. 1114.203. GENERAL OBLIGATION BOND ELECTION. (a) The | ||
district may issue general obligation bonds only if the bonds are | ||
authorized by a majority of the district voters voting at an | ||
election held for that purpose. | ||
(b) The order calling the election must specify: | ||
(1) the date of the election; | ||
(2) the location of the polling places; | ||
(3) the amount of the bonds to be authorized; | ||
(4) the maximum interest rate of the bonds; and | ||
(5) the maximum maturity of the bonds. | ||
(c) Notice of a bond election shall be given as provided by | ||
Section 1251.003, Government Code. (Acts 62nd Leg., R.S., Ch. 323, | ||
Sec. 8 (part).) | ||
Sec. 1114.204. REVENUE BONDS. (a) The board may issue | ||
revenue bonds to: | ||
(1) purchase, construct, acquire, repair, equip, or | ||
renovate buildings or improvements for hospital purposes; | ||
(2) acquire sites to be used for hospital purposes; or | ||
(3) acquire and operate a mobile emergency medical | ||
service. | ||
(b) The bonds must be payable from and secured by a pledge of | ||
all or part of the revenue derived from the operation of the | ||
district's hospital system. | ||
(c) The bonds may be additionally secured by a mortgage or | ||
deed of trust lien on all or part of district property. | ||
(d) The bonds must be issued in the manner prescribed by | ||
Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, | ||
Health and Safety Code, for issuance of revenue bonds by a county | ||
hospital authority. (Acts 62nd Leg., R.S., Ch. 323, Sec. 8A.) | ||
Sec. 1114.205. PROMISSORY NOTES. (a) The board may execute | ||
and deliver promissory notes to purchase, construct, acquire, | ||
repair, equip, or renovate buildings and improvements for hospital | ||
purposes. | ||
(b) The notes may be secured by: | ||
(1) a mortgage or deed of trust lien on all or part of | ||
the district property; or | ||
(2) a pledge of revenues derived from the operation of | ||
the district's hospital. | ||
(c) The notes may be paid from: | ||
(1) taxes imposed by the district, not to exceed the | ||
tax rate approved by the voters; and | ||
(2) the revenues derived from the operation of the | ||
district's hospital. | ||
(d) The total amount of revenues pledged under Subsection | ||
(b)(2) may not exceed 50 percent of the estimated revenues for the | ||
period the pledge is effective. (Acts 62nd Leg., R.S., Ch. 323, | ||
Sec. 9.) | ||
Sec. 1114.206. REFUNDING BONDS. (a) District refunding | ||
bonds may be issued to refund outstanding bonded indebtedness of | ||
the district. | ||
(b) A refunding bond may be: | ||
(1) sold, with the proceeds of the refunding bond | ||
applied to the payment of outstanding bonded indebtedness; or | ||
(2) exchanged wholly or partly for not less than a | ||
similar principal amount of outstanding indebtedness. (Acts 62nd | ||
Leg., R.S., Ch. 323, Sec. 8B (part).) | ||
Sec. 1114.207. MATURITY OF BONDS. District bonds must | ||
mature not later than 50 years after the date of issuance. (Acts | ||
62nd Leg., R.S., Ch. 323, Sec. 8C (part).) | ||
Sec. 1114.208. EXECUTION OF BONDS. The board president | ||
shall execute the district's bonds in the district's name, and the | ||
board secretary shall countersign the bonds in the manner provided | ||
by Chapter 618, Government Code. (Acts 62nd Leg., R.S., Ch. 323, | ||
Sec. 8C (part).) | ||
Sec. 1114.209. BONDS EXEMPT FROM TAXATION. The following | ||
are exempt from taxation by this state or a political subdivision of | ||
this state: | ||
(1) bonds issued or assumed by the district; | ||
(2) the transfer and issuance of the bonds; and | ||
(3) profits made in the sale of the bonds. (Acts 62nd | ||
Leg., R.S., Ch. 323, Sec. 20 (part).) | ||
[Sections 1114.210-1114.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1114.251. IMPOSITION OF AD VALOREM TAX. (a) The board | ||
may impose a tax on all property in the district subject to district | ||
taxation. | ||
(b) The board may impose the tax to: | ||
(1) pay the indebtedness issued or assumed by the | ||
district; and | ||
(2) maintain and operate the district. (Acts 62nd | ||
Leg., R.S., Ch. 323, Secs. 13(a) (part), (c) (part).) | ||
Sec. 1114.252. TAX RATE. (a) The board may impose the tax | ||
at a rate not to exceed 15 cents on each $100 valuation of all | ||
taxable property in the district. | ||
(b) In setting the tax rate, the board shall consider the | ||
income of the district from sources other than taxation. (Acts 62nd | ||
Leg., R.S., Ch. 323, Secs. 3(b) (part), 13(a) (part), (b) (part).) | ||
Sec. 1114.253. TAX ASSESSOR-COLLECTOR. The board may | ||
provide for the appointment of a tax assessor-collector for the | ||
district or may contract for the assessment and collection of taxes | ||
as provided by the Tax Code. (Acts 62nd Leg., R.S., Ch. 323, Sec. 14 | ||
(part).) | ||
[Sections 1114.254-1114.300 reserved for expansion] | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 1114.301. DISSOLUTION; ELECTION. (a) The | ||
commissioners court shall order an election on the question of | ||
dissolution of the district if the board receives a petition of 20 | ||
percent of the voters in the district. | ||
(b) The commissioners court on its own motion may order an | ||
election on the question of dissolution of the district. | ||
(c) An order calling an election under this section must | ||
contain: | ||
(1) the time of the election; | ||
(2) the location of the polling places; | ||
(3) the issue to be printed on the ballot; and | ||
(4) the presiding judge for each polling place. (Acts | ||
62nd Leg., R.S., Ch. 323, Secs. 23(a), (b).) | ||
Sec. 1114.302. NOTICE OF ELECTION. The commissioners court | ||
shall publish a substantial copy of the election order in a | ||
newspaper with general circulation in the district once a week for | ||
two consecutive weeks before the date of the election. (Acts 62nd | ||
Leg., R.S., Ch. 323, Sec. 23(c).) | ||
Sec. 1114.303. BALLOT. The ballot for an election under | ||
this subchapter must provide for voting for or against the | ||
following proposition: "Dissolution of the Willacy County Hospital | ||
District." (Acts 62nd Leg., R.S., Ch. 323, Sec. 23(f).) | ||
Sec. 1114.304. ELECTION RESULTS. (a) If a majority of the | ||
voters in an election favor dissolution, the commissioners court | ||
shall declare the results and order the district dissolved. A copy | ||
of the order must be placed in the minutes of the commissioners | ||
court. | ||
(b) If the election results do not favor dissolution, the | ||
commissioners court may not order another election under this | ||
subchapter before the first anniversary of the date the election | ||
results were officially announced. | ||
(c) A copy of the election results must be filed with the | ||
county clerk and become a public record. (Acts 62nd Leg., R.S., Ch. | ||
323, Secs. 23(d) (part), (e).) | ||
Sec. 1114.305. DETERMINATION OF DEBT. After issuing the | ||
dissolution order, the commissioners court shall: | ||
(1) determine the full debt owed by the district; and | ||
(2) correct the last approved assessment rolls of the | ||
district by adding any property accidentally omitted before the | ||
dissolution order was issued. (Acts 62nd Leg., R.S., Ch. 323, Sec. | ||
23(g).) | ||
CHAPTER 1115. WILSON COUNTY MEMORIAL HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1115.001. DEFINITIONS | ||
Sec. 1115.002. AUTHORITY FOR OPERATION | ||
Sec. 1115.003. ESSENTIAL PUBLIC FUNCTION | ||
Sec. 1115.004. DISTRICT TERRITORY | ||
Sec. 1115.005. DISTRICT SUPPORT AND MAINTENANCE NOT | ||
STATE OBLIGATION | ||
Sec. 1115.006. RESTRICTION ON STATE FINANCIAL | ||
ASSISTANCE | ||
[Sections 1115.007-1115.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1115.051. BOARD ELECTION; TERM | ||
Sec. 1115.052. NOTICE OF ELECTION | ||
Sec. 1115.053. BALLOT PETITION | ||
Sec. 1115.054. QUALIFICATIONS FOR OFFICE | ||
Sec. 1115.055. BOARD VACANCY | ||
Sec. 1115.056. OFFICERS | ||
Sec. 1115.057. COMPENSATION; EXPENSES | ||
Sec. 1115.058. VOTING REQUIREMENT | ||
Sec. 1115.059. DISTRICT ADMINISTRATOR; ASSISTANT | ||
DISTRICT ADMINISTRATOR | ||
Sec. 1115.060. GENERAL DUTIES OF DISTRICT | ||
ADMINISTRATOR | ||
Sec. 1115.061. ATTORNEY | ||
Sec. 1115.062. APPOINTMENT OF STAFF AND EMPLOYEES | ||
[Sections 1115.063-1115.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1115.101. DISTRICT RESPONSIBILITY | ||
Sec. 1115.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT | ||
Sec. 1115.103. MANAGEMENT, CONTROL, AND ADMINISTRATION | ||
Sec. 1115.104. HOSPITAL SYSTEM | ||
Sec. 1115.105. RULES | ||
Sec. 1115.106. PURCHASING AND ACCOUNTING PROCEDURES | ||
Sec. 1115.107. DISTRICT PROPERTY, FACILITIES, AND | ||
EQUIPMENT | ||
Sec. 1115.108. EMINENT DOMAIN | ||
Sec. 1115.109. GIFTS AND ENDOWMENTS | ||
Sec. 1115.110. CONSTRUCTION CONTRACTS | ||
Sec. 1115.111. OPERATING AND MANAGEMENT CONTRACTS | ||
Sec. 1115.112. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR CARE AND TREATMENT | ||
Sec. 1115.113. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR INVESTIGATORY OR OTHER SERVICES | ||
Sec. 1115.114. PAYMENT FOR TREATMENT; PROCEDURES | ||
Sec. 1115.115. AUTHORITY TO SUE AND BE SUED | ||
Sec. 1115.116. ELECTION DATE | ||
[Sections 1115.117-1115.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1115.151. BUDGET | ||
Sec. 1115.152. PROPOSED BUDGET: NOTICE AND HEARING; | ||
APPROVAL OF BUDGET | ||
Sec. 1115.153. AMENDMENTS TO BUDGET | ||
Sec. 1115.154. RESTRICTION ON EXPENDITURES | ||
Sec. 1115.155. FISCAL YEAR | ||
Sec. 1115.156. ANNUAL AUDIT | ||
Sec. 1115.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT | ||
RECORDS | ||
Sec. 1115.158. FINANCIAL REPORT | ||
Sec. 1115.159. DEPOSITORY | ||
Sec. 1115.160. SPENDING AND INVESTMENT RESTRICTIONS | ||
[Sections 1115.161-1115.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1115.201. GENERAL OBLIGATION BONDS | ||
Sec. 1115.202. TAX TO PAY GENERAL OBLIGATION BONDS | ||
Sec. 1115.203. GENERAL OBLIGATION BOND ELECTION | ||
Sec. 1115.204. MATURITY OF GENERAL OBLIGATION BONDS | ||
Sec. 1115.205. EXECUTION OF GENERAL OBLIGATION BONDS | ||
Sec. 1115.206. REVENUE BONDS | ||
Sec. 1115.207. REFUNDING BONDS | ||
Sec. 1115.208. BONDS EXEMPT FROM TAXATION | ||
[Sections 1115.209-1115.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1115.251. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1115.252. TAX RATE | ||
Sec. 1115.253. ASSESSMENT AND COLLECTION BY COUNTY TAX | ||
ASSESSOR-COLLECTOR | ||
Sec. 1115.254. ASSESSMENT AND COLLECTION BY DISTRICT | ||
TAX ASSESSOR-COLLECTOR | ||
CHAPTER 1115. WILSON COUNTY MEMORIAL HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1115.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the Wilson County Memorial | ||
Hospital District. (New.) | ||
Sec. 1115.002. AUTHORITY FOR OPERATION. The Wilson County | ||
Memorial Hospital District operates and is administered and | ||
financed in accordance with Section 9, Article IX, Texas | ||
Constitution, and has the rights, powers, and duties provided by | ||
this chapter. (Acts 65th Leg., R.S., Ch. 511, Sec. 1 (part).) | ||
Sec. 1115.003. ESSENTIAL PUBLIC FUNCTION. The district | ||
performs an essential public function in carrying out the purposes | ||
of this chapter. (Acts 65th Leg., R.S., Ch. 511, Sec. 21 (part).) | ||
Sec. 1115.004. DISTRICT TERRITORY. The boundaries of the | ||
district are coextensive with the boundaries of Wilson County, | ||
Texas. (Acts 65th Leg., R.S., Ch. 511, Sec. 1 (part).) | ||
Sec. 1115.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE | ||
OBLIGATION. The support and maintenance of the district may not | ||
become a charge against or obligation of this state. (Acts 65th | ||
Leg., R.S., Ch. 511, Sec. 20 (part).) | ||
Sec. 1115.006. RESTRICTION ON STATE FINANCIAL ASSISTANCE. | ||
The legislature may not make a direct appropriation for the | ||
construction, maintenance, or improvement of a district facility. | ||
(Acts 65th Leg., R.S., Ch. 511, Sec. 20 (part).) | ||
[Sections 1115.007-1115.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1115.051. BOARD ELECTION; TERM. (a) The board | ||
consists of nine directors elected as follows: | ||
(1) two directors elected from each county | ||
commissioners precinct of Wilson County; and | ||
(2) one director elected from the district at large. | ||
(b) The candidate from each commissioners precinct | ||
receiving the highest number of votes from that precinct is elected | ||
as director from that precinct. The candidate from the district at | ||
large receiving the highest number of votes from the district at | ||
large is elected as the director from the district at large. | ||
(c) Unless four-year terms are established under Section | ||
285.081, Health and Safety Code: | ||
(1) directors serve staggered two-year terms; | ||
(2) each year one director is elected from each | ||
precinct; and | ||
(3) in odd-numbered years, a director is elected from | ||
the district at large. | ||
(d) A directors' election shall be held on the uniform | ||
election date in May of each year or another date authorized by law. | ||
(Acts 65th Leg., R.S., Ch. 511, Sec. 4(c) (part).) | ||
Sec. 1115.052. NOTICE OF ELECTION. At least 30 days before | ||
the date of a directors' election, notice of the election must be | ||
published one time in a newspaper or newspapers that individually | ||
or collectively have general circulation in the district. (Acts | ||
65th Leg., R.S., Ch. 511, Sec. 4(c) (part).) | ||
Sec. 1115.053. BALLOT PETITION. A person who wants to have | ||
the person's name printed on the ballot as a candidate for director | ||
must file with the board secretary a petition requesting that | ||
action. The petition must: | ||
(1) be signed by at least 15 registered voters in the | ||
district; and | ||
(2) be filed by the deadline imposed by Section | ||
144.005, Election Code. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(c) | ||
(part).) | ||
Sec. 1115.054. QUALIFICATIONS FOR OFFICE. (a) A person may | ||
not be elected or appointed as a director unless the person is: | ||
(1) a resident of the district; and | ||
(2) a qualified voter. | ||
(b) A person is not eligible for election as a director from | ||
a commissioners precinct unless the person is a resident of that | ||
precinct. | ||
(c) A person is not eligible to serve as a director if the | ||
person is: | ||
(1) the district administrator; | ||
(2) the district attorney; or | ||
(3) a district employee. (Acts 65th Leg., R.S., Ch. | ||
511, Sec. 4(d).) | ||
Sec. 1115.055. BOARD VACANCY. (a) If a vacancy occurs in | ||
the office of director, the remaining directors shall fill the | ||
vacancy for the unexpired term. | ||
(b) A person appointed under Subsection (a) to fill a | ||
vacancy from a precinct must be a resident of the precinct the | ||
person is to represent. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(c) | ||
(part).) | ||
Sec. 1115.056. OFFICERS. (a) The board shall elect: | ||
(1) a president and a vice president from among its | ||
members; and | ||
(2) a secretary, who need not be a director. | ||
(b) Each officer of the board serves a one-year term. | ||
(c) The board shall fill a vacancy in a board office for the | ||
unexpired term. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(e) (part).) | ||
Sec. 1115.057. COMPENSATION; EXPENSES. A director or | ||
officer serves without compensation but may be reimbursed for | ||
actual expenses incurred in the performance of official duties on | ||
approval by the board. The expenses must be reported in the | ||
district's records. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(e) | ||
(part).) | ||
Sec. 1115.058. VOTING REQUIREMENT. A concurrence of five | ||
directors is sufficient in any matter relating to district | ||
business. (Acts 65th Leg., R.S., Ch. 511, Sec. 4(e) (part).) | ||
Sec. 1115.059. DISTRICT ADMINISTRATOR; ASSISTANT DISTRICT | ||
ADMINISTRATOR. (a) The board shall appoint a qualified person as | ||
district administrator. | ||
(b) The district administrator serves at the will of the | ||
board and shall receive the compensation determined by the board. | ||
(c) On assuming the duties of district administrator, the | ||
administrator shall execute a bond payable to the district in the | ||
amount set by the board of not less than $5,000 that: | ||
(1) is conditioned on the administrator performing the | ||
administrator's required duties; and | ||
(2) contains any other condition the board requires. | ||
(d) The board may appoint an assistant district | ||
administrator. The assistant district administrator serves at the | ||
will of the board and receives the compensation determined by the | ||
board. (Acts 65th Leg., R.S., Ch. 511, Sec. 5 (part).) | ||
Sec. 1115.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. | ||
Subject to the limitations prescribed by the board, the district | ||
administrator shall: | ||
(1) supervise the work and activities of the district; | ||
and | ||
(2) direct the affairs of the district. (Acts 65th | ||
Leg., R.S., Ch. 511, Sec. 5 (part).) | ||
Sec. 1115.061. ATTORNEY. (a) The board shall appoint a | ||
qualified person as the attorney for the district. | ||
(b) The attorney serves at the will of the board and | ||
receives the compensation determined by the board. (Acts 65th | ||
Leg., R.S., Ch. 511, Sec. 5 (part).) | ||
Sec. 1115.062. APPOINTMENT OF STAFF AND EMPLOYEES. (a) The | ||
board may appoint to the staff any doctors the board considers | ||
necessary for the efficient operation of the district and may make | ||
temporary appointments as warranted. | ||
(b) The district may employ fiscal agents, accountants, | ||
architects, and additional attorneys as the board considers proper. | ||
(c) The board may delegate to the district administrator the | ||
authority to employ technicians, nurses, and district employees. | ||
(Acts 65th Leg., R.S., Ch. 511, Secs. 5 (part), 16.) | ||
[Sections 1115.063-1115.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1115.101. DISTRICT RESPONSIBILITY. The district has | ||
full responsibility for operating all hospital facilities for | ||
providing medical and hospital care for the district's needy | ||
inhabitants. (Acts 65th Leg., R.S., Ch. 511, Sec. 19 (part).) | ||
Sec. 1115.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT. A political subdivision located wholly or | ||
partly within the district may not impose a tax or issue bonds or | ||
other obligations for hospital purposes or to provide medical care | ||
for district residents. (Acts 65th Leg., R.S., Ch. 511, Sec. 19 | ||
(part).) | ||
Sec. 1115.103. MANAGEMENT, CONTROL, AND ADMINISTRATION. | ||
The board shall manage, control, and administer the hospital system | ||
and the district's money and resources. (Acts 65th Leg., R.S., Ch. | ||
511, Sec. 5 (part).) | ||
Sec. 1115.104. HOSPITAL SYSTEM. (a) The district shall | ||
provide for: | ||
(1) the establishment of a hospital system by: | ||
(A) purchasing, constructing, acquiring, | ||
repairing, and renovating buildings and equipment; and | ||
(B) equipping the buildings; and | ||
(2) the administration of the hospital system for | ||
hospital purposes. | ||
(b) The hospital system may include any facilities the board | ||
considers necessary for hospital care. (Acts 65th Leg., R.S., Ch. | ||
511, Secs. 2 (part), 10(a) (part).) | ||
Sec. 1115.105. RULES. The board may adopt rules governing | ||
the operation of the hospital, the hospital system, and the | ||
district's staff and employees. (Acts 65th Leg., R.S., Ch. 511, | ||
Sec. 5 (part).) | ||
Sec. 1115.106. PURCHASING AND ACCOUNTING PROCEDURES. The | ||
board may prescribe: | ||
(1) the method and manner of making purchases and | ||
expenditures by and for the district; and | ||
(2) all accounting and control procedures. (Acts 65th | ||
Leg., R.S., Ch. 511, Sec. 10(b) (part).) | ||
Sec. 1115.107. DISTRICT PROPERTY, FACILITIES, AND | ||
EQUIPMENT. (a) The board shall determine the type, number, and | ||
location of buildings required to maintain an adequate hospital | ||
system. | ||
(b) The board may lease all or part of the district's | ||
buildings and facilities on terms considered to be in the best | ||
interest of the district's inhabitants. | ||
(c) The district may acquire equipment for use in the | ||
district's hospital system and mortgage or pledge the property as | ||
security for the payment of the purchase price. | ||
(d) The district may sell or otherwise dispose of any | ||
property, including equipment, on terms the board finds are in the | ||
best interest of the district's inhabitants. (Acts 65th Leg., | ||
R.S., Ch. 511, Secs. 10(a) (part), (b) (part).) | ||
Sec. 1115.108. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain to acquire a fee simple or | ||
other interest in any type of property located in district | ||
territory if the interest is necessary or convenient to a power, | ||
right, or privilege conferred by this chapter. | ||
(b) The district must exercise the power of eminent domain | ||
in the manner provided by Chapter 21, Property Code, except the | ||
district is not required to deposit in the trial court money or a | ||
bond as provided by Section 21.021(a), Property Code. | ||
(c) In a condemnation proceeding brought by the district, | ||
the district is not required to: | ||
(1) pay in advance or provide a bond or other security | ||
for costs in the trial court; | ||
(2) provide a bond for the issuance of a temporary | ||
restraining order or a temporary injunction; or | ||
(3) provide a bond for costs or a supersedeas bond on | ||
an appeal or petition for review. (Acts 65th Leg., R.S., Ch. 511, | ||
Sec. 14.) | ||
Sec. 1115.109. GIFTS AND ENDOWMENTS. The board may accept | ||
for the district a gift or endowment to be held in trust and | ||
administered by the board for the purposes and under the | ||
directions, limitations, or other provisions prescribed in writing | ||
by the donor that are not inconsistent with the proper management | ||
and objectives of the district. (Acts 65th Leg., R.S., Ch. 511, | ||
Sec. 18.) | ||
Sec. 1115.110. CONSTRUCTION CONTRACTS. A construction | ||
contract that involves the expenditure of more than $10,000 may be | ||
made only after advertising in the manner provided by Chapter 252 | ||
and Subchapter C, Chapter 262, Local Government Code. (Acts 65th | ||
Leg., R.S., Ch. 511, Sec. 10(b) (part).) | ||
Sec. 1115.111. OPERATING AND MANAGEMENT CONTRACTS. The | ||
board may enter into an operating or management contract relating | ||
to a district facility. (Acts 65th Leg., R.S., Ch. 511, Sec. 10(a) | ||
(part).) | ||
Sec. 1115.112. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
CARE AND TREATMENT. The board may contract with: | ||
(1) any county or municipality located outside the | ||
district for the care and treatment of a sick or injured person of | ||
that county or municipality; and | ||
(2) this state or a federal agency for the treatment of | ||
a sick or injured person. (Acts 65th Leg., R.S., Ch. 511, Sec. 5 | ||
(part).) | ||
Sec. 1115.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
INVESTIGATORY OR OTHER SERVICES. The board may contract with | ||
another political subdivision or a governmental agency for the | ||
district to provide investigatory or other services for the | ||
medical, hospital, or welfare needs of district inhabitants. (Acts | ||
65th Leg., R.S., Ch. 511, Sec. 5 (part).) | ||
Sec. 1115.114. PAYMENT FOR TREATMENT; PROCEDURES. (a) | ||
When a patient who resides in the district is admitted to a district | ||
facility, the district administrator may have an inquiry made into | ||
the circumstances of: | ||
(1) the patient; and | ||
(2) the patient's relatives legally liable for the | ||
patient's support. | ||
(b) If the district administrator determines that the | ||
patient or those relatives cannot pay for all or part of the | ||
patient's care and treatment in the hospital, the amount that | ||
cannot be paid becomes a charge against the district. | ||
(c) If the district administrator determines that the | ||
patient or those relatives can pay for all or part of the costs of | ||
the patient's care and treatment, the patient or those relatives | ||
shall be ordered to pay the district a specified amount each week | ||
for the patient's care and support. The amount ordered must be | ||
proportionate to their financial ability. | ||
(d) The district administrator may collect the amount from | ||
the patient's estate, or from those relatives legally liable for | ||
the patient's support, in the manner provided by law for the | ||
collection of expenses of the last illness of a deceased person. | ||
(e) If there is a dispute as to the ability to pay, or doubt | ||
in the mind of the district administrator, the board shall hold a | ||
hearing and, after calling witnesses, shall: | ||
(1) resolve the dispute or doubt; and | ||
(2) issue any appropriate orders. | ||
(f) A final order of the board may be appealed to the | ||
district court. The substantial evidence rule applies to the | ||
appeal. (Acts 65th Leg., R.S., Ch. 511, Sec. 17.) | ||
Sec. 1115.115. AUTHORITY TO SUE AND BE SUED. The district, | ||
through the board, may sue and be sued. (Acts 65th Leg., R.S., Ch. | ||
511, Sec. 5 (part).) | ||
Sec. 1115.116. ELECTION DATE. Notwithstanding Section | ||
41.001(a), Election Code, the board may choose the date for an | ||
election held under this chapter other than a directors' election | ||
under Section 1115.051. (Acts 65th Leg., R.S., Ch. 511, Sec. 3(e).) | ||
[Sections 1115.117-1115.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1115.151. BUDGET. (a) The district administrator | ||
shall prepare an annual budget for approval by the board. | ||
(b) The proposed budget must contain a complete financial | ||
statement of: | ||
(1) the outstanding obligations of the district; | ||
(2) the cash on hand to the credit of each district | ||
fund; | ||
(3) the money received by the district from all | ||
sources during the previous year; | ||
(4) the money available to the district from all | ||
sources during the ensuing year; | ||
(5) the balances expected at the end of the year in | ||
which the budget is being prepared; | ||
(6) the estimated revenue and balances available to | ||
cover the budget; and | ||
(7) the estimated tax rate required. (Acts 65th Leg., | ||
R.S., Ch. 511, Sec. 6 (part).) | ||
Sec. 1115.152. PROPOSED BUDGET: NOTICE AND HEARING; | ||
APPROVAL OF BUDGET. (a) The board shall hold a public hearing on | ||
the proposed annual budget. | ||
(b) At least 10 days before the date of the hearing, notice | ||
of the hearing must be published one time. | ||
(c) Any district resident is entitled to be present and | ||
participate at the hearing. | ||
(d) At the conclusion of the hearing, the board shall act on | ||
the budget as proposed by the district administrator. The board may | ||
make any changes in the proposed budget that the board judges the | ||
law warrants and the interests of the taxpayers demand. The budget | ||
must be approved by the board. (Acts 65th Leg., R.S., Ch. 511, Sec. | ||
6 (part).) | ||
Sec. 1115.153. AMENDMENTS TO BUDGET. The annual budget may | ||
be amended as required by circumstances. The board must approve all | ||
amendments. (Acts 65th Leg., R.S., Ch. 511, Sec. 6 (part).) | ||
Sec. 1115.154. RESTRICTION ON EXPENDITURES. Money may be | ||
spent only for an expense included in the budget or an amendment to | ||
the budget. (Acts 65th Leg., R.S., Ch. 511, Sec. 6 (part).) | ||
Sec. 1115.155. FISCAL YEAR. (a) The district operates | ||
according to a fiscal year established by the board. | ||
(b) The fiscal year may not be changed: | ||
(1) during a period that district revenue bonds are | ||
outstanding; or | ||
(2) more than once in any 24-month period. (Acts 65th | ||
Leg., R.S., Ch. 511, Sec. 6 (part).) | ||
Sec. 1115.156. ANNUAL AUDIT. The board annually shall have | ||
an audit made of the district's financial condition. (Acts 65th | ||
Leg., R.S., Ch. 511, Sec. 6 (part).) | ||
Sec. 1115.157. INSPECTION OF ANNUAL AUDIT AND DISTRICT | ||
RECORDS. The annual audit and other district records shall be open | ||
to inspection at the district's principal office. (Acts 65th Leg., | ||
R.S., Ch. 511, Sec. 6 (part).) | ||
Sec. 1115.158. FINANCIAL REPORT. As soon as practicable | ||
after the close of each fiscal year, the district administrator | ||
shall prepare for the board: | ||
(1) a complete sworn statement of all district money; | ||
and | ||
(2) a complete account of the disbursements of that | ||
money. (Acts 65th Leg., R.S., Ch. 511, Sec. 6 (part).) | ||
Sec. 1115.159. DEPOSITORY. (a) The board shall select one | ||
or more banks inside or outside the district to serve as a | ||
depository for district money. | ||
(b) All district money, other than money invested as | ||
provided by Section 1115.160(b) and money transmitted to a bank for | ||
payment of bonds or obligations issued or assumed by the district, | ||
shall be deposited as received with the depository bank and shall | ||
remain on deposit. | ||
(c) This chapter, including Subsection (b), does not limit | ||
the power of the board to: | ||
(1) place a part of district money on time deposit; or | ||
(2) purchase certificates of deposit. (Acts 65th | ||
Leg., R.S., Ch. 511, Sec. 11(a).) | ||
Sec. 1115.160. SPENDING AND INVESTMENT RESTRICTIONS. (a) | ||
Except as provided by Section 1115.107(c) and by Subchapter E, the | ||
district may not incur an obligation payable from district revenue | ||
other than the revenue on hand or to be on hand in the current and | ||
following district fiscal years. | ||
(b) The board may invest operating, depreciation, or | ||
building reserves only in funds or securities specified by Chapter | ||
2256, Government Code. (Acts 65th Leg., R.S., Ch. 511, Secs. 5 | ||
(part), 10(b) (part).) | ||
[Sections 1115.161-1115.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1115.201. GENERAL OBLIGATION BONDS. The board may | ||
issue and sell general obligation bonds in the name and on the faith | ||
and credit of the district for any purpose relating to: | ||
(1) the purchase, construction, acquisition, repair, | ||
or renovation of buildings and improvements; and | ||
(2) equipping buildings and improvements for hospital | ||
purposes. (Acts 65th Leg., R.S., Ch. 511, Sec. 7(a) (part).) | ||
Sec. 1115.202. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At | ||
the time general obligation bonds are issued by the district, the | ||
board shall impose an ad valorem tax at a rate sufficient to create | ||
an interest and sinking fund to pay the principal of and interest on | ||
the bonds as the bonds mature. | ||
(b) The tax required by this section together with any other | ||
ad valorem tax the district imposes may not in any year exceed 75 | ||
cents on each $100 valuation of all taxable property in the district | ||
subject to hospital district taxation. (Acts 65th Leg., R.S., Ch. | ||
511, Sec. 7(a) (part).) | ||
Sec. 1115.203. GENERAL OBLIGATION BOND ELECTION. (a) The | ||
district may issue general obligation bonds only if the bonds are | ||
authorized by a majority of the district voters. | ||
(b) The order calling the bond election must provide for | ||
clerks as in county elections and must specify: | ||
(1) the date of the election; | ||
(2) the location of the polling places; | ||
(3) the presiding and alternate election judges for | ||
each polling place; | ||
(4) the amount of the bonds to be authorized; and | ||
(5) the maximum maturity of the bonds. | ||
(c) Notice of a bond election shall be given as provided by | ||
Section 1251.003, Government Code. (Acts 65th Leg., R.S., Ch. 511, | ||
Sec. 7(a) (part).) | ||
Sec. 1115.204. MATURITY OF GENERAL OBLIGATION BONDS. | ||
District general obligation bonds must mature not later than 40 | ||
years after their date of issuance. (Acts 65th Leg., R.S., Ch. 511, | ||
Sec. 7(c) (part).) | ||
Sec. 1115.205. EXECUTION OF GENERAL OBLIGATION BONDS. The | ||
board president shall execute the general obligation bonds in the | ||
district's name and the board secretary shall countersign the bonds | ||
in the manner provided by Chapter 618, Government Code. (Acts 65th | ||
Leg., R.S., Ch. 511, Sec. 7(c) (part).) | ||
Sec. 1115.206. REVENUE BONDS. (a) The board may issue | ||
revenue bonds to: | ||
(1) purchase, construct, acquire, repair, renovate, | ||
or equip buildings and improvements for hospital purposes; or | ||
(2) acquire sites to be used for hospital purposes. | ||
(b) The bonds must be payable from and secured by a pledge of | ||
all or part of district revenue derived from the operation of the | ||
district's hospitals. | ||
(c) The bonds may be additionally secured by a mortgage or | ||
deed of trust lien on all or part of district property. | ||
(d) The bonds must be issued in the manner and in accordance | ||
with the procedures and requirements prescribed by Sections | ||
264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, Health | ||
and Safety Code, for issuance of revenue bonds by a county hospital | ||
authority. (Acts 65th Leg., R.S., Ch. 511, Sec. 9 (part).) | ||
Sec. 1115.207. REFUNDING BONDS. (a) The board may, without | ||
an election, issue refunding bonds to refund outstanding | ||
indebtedness issued or assumed by the district. | ||
(b) A refunding bond may be: | ||
(1) sold, with the proceeds of the refunding bond | ||
applied to the payment of the outstanding indebtedness; or | ||
(2) exchanged wholly or partly for not less than a | ||
similar principal amount of outstanding indebtedness. (Acts 65th | ||
Leg., R.S., Ch. 511, Secs. 7(a) (part), (b) (part), 9 (part).) | ||
Sec. 1115.208. BONDS EXEMPT FROM TAXATION. The following | ||
are exempt from taxation by this state or a political subdivision of | ||
this state: | ||
(1) any bonds issued by the district; | ||
(2) the transfer and issuance of the bonds; and | ||
(3) any profits made in the sale of the bonds. (Acts | ||
65th Leg., R.S., Ch. 511, Sec. 21 (part).) | ||
[Sections 1115.209-1115.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1115.251. IMPOSITION OF AD VALOREM TAX. (a) The board | ||
shall impose a tax on all property in the district subject to | ||
district taxation. | ||
(b) The board shall impose the tax to pay: | ||
(1) indebtedness assumed or issued by the district; | ||
and | ||
(2) district maintenance and operating expenses. | ||
(c) The board may not impose a tax to pay the principal of or | ||
interest on revenue bonds issued under Section 1115.206. (Acts | ||
65th Leg., R.S., Ch. 511, Secs. 12(a) (part), 15(a) (part).) | ||
Sec. 1115.252. TAX RATE. (a) The board may impose the tax | ||
at a rate not to exceed 75 cents on each $100 valuation of taxable | ||
property in the district subject to district taxation. | ||
(b) In setting the tax rate, the board shall consider the | ||
income of the district from sources other than taxation. (Acts 65th | ||
Leg., R.S., Ch. 511, Secs. 3(b) (part), 12(a) (part), (b) (part).) | ||
Sec. 1115.253. ASSESSMENT AND COLLECTION BY COUNTY TAX | ||
ASSESSOR-COLLECTOR. Unless the board elects to have taxes assessed | ||
and collected by its own tax assessor-collector under Section | ||
1115.254, the tax assessor-collector of Wilson County shall assess | ||
and collect taxes imposed by and for the district. (Acts 65th Leg., | ||
R.S., Ch. 511, Secs. 15(a) (part), (b) (part).) | ||
Sec. 1115.254. ASSESSMENT AND COLLECTION BY DISTRICT TAX | ||
ASSESSOR-COLLECTOR. (a) The board by majority vote may elect to | ||
have district taxes assessed and collected by a tax | ||
assessor-collector appointed by the board. An election under this | ||
subsection must be made before December 1 and governs the manner in | ||
which taxes are assessed and collected, until changed by a similar | ||
resolution. | ||
(b) The district tax assessor-collector must reside in the | ||
district. | ||
(c) The board shall set the term of employment and | ||
compensation for the district tax assessor-collector. (Acts 65th | ||
Leg., R.S., Ch. 511, Secs. 15(a) (part), (c) (part).) | ||
CHAPTER 1116. WOOD COUNTY CENTRAL HOSPITAL DISTRICT | ||
OF WOOD COUNTY, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1116.001. DEFINITIONS | ||
Sec. 1116.002. AUTHORITY FOR CREATION | ||
Sec. 1116.003. DISTRICT TERRITORY | ||
Sec. 1116.004. DISTRICT SUPPORT AND MAINTENANCE NOT | ||
STATE OBLIGATION | ||
Sec. 1116.005. RESTRICTION ON STATE FINANCIAL | ||
ASSISTANCE | ||
[Sections 1116.006-1116.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1116.051. BOARD ELECTION; TERM | ||
Sec. 1116.052. QUALIFICATIONS FOR OFFICE | ||
Sec. 1116.053. BOND; RECORD OF BOND AND OATH OF OFFICE | ||
Sec. 1116.054. BOARD VACANCY | ||
Sec. 1116.055. OFFICERS | ||
Sec. 1116.056. COMPENSATION; EXPENSES | ||
Sec. 1116.057. DISTRICT ADMINISTRATOR | ||
Sec. 1116.058. EMPLOYEES | ||
Sec. 1116.059. MAINTENANCE OF RECORDS; PUBLIC | ||
INSPECTION | ||
[Sections 1116.060-1116.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1116.101. DISTRICT RESPONSIBILITY | ||
Sec. 1116.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT | ||
Sec. 1116.103. MANAGEMENT AND CONTROL OF DISTRICT | ||
Sec. 1116.104. HOSPITAL SYSTEM | ||
Sec. 1116.105. RULES | ||
Sec. 1116.106. PURCHASING AND ACCOUNTING | ||
Sec. 1116.107. EMINENT DOMAIN | ||
Sec. 1116.108. GIFTS AND ENDOWMENTS | ||
Sec. 1116.109. CONTRACTS WITH POLITICAL SUBDIVISIONS | ||
FOR HOSPITAL CARE | ||
Sec. 1116.110. PAYMENT FOR TREATMENT; PROCEDURES | ||
[Sections 1116.111-1116.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1116.151. BUDGET | ||
Sec. 1116.152. PROPOSED BUDGET: NOTICE AND HEARING | ||
Sec. 1116.153. FISCAL YEAR | ||
Sec. 1116.154. ANNUAL AUDIT | ||
Sec. 1116.155. DEPOSITORY | ||
[Sections 1116.156-1116.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1116.201. BONDS | ||
Sec. 1116.202. TAX TO PAY BONDS | ||
Sec. 1116.203. BOND ELECTION | ||
Sec. 1116.204. MATURITY OF BONDS | ||
Sec. 1116.205. EXECUTION OF BONDS | ||
[Sections 1116.206-1116.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1116.251. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1116.252. TAX RATE | ||
Sec. 1116.253. ELECTION TO INCREASE MAXIMUM TAX RATE; | ||
ORDER; NOTICE; BALLOT | ||
Sec. 1116.254. TAX ASSESSOR AND COLLECTOR | ||
[Sections 1116.255-1116.300 reserved for expansion] | ||
SUBCHAPTER G. EXPANSION OF DISTRICT TERRITORY TO INCLUDE MINEOLA | ||
INDEPENDENT SCHOOL DISTRICT | ||
Sec. 1116.301. PETITION TO EXPAND DISTRICT TERRITORY | ||
Sec. 1116.302. NOTICE OF HEARING | ||
Sec. 1116.303. ORDER OF ANNEXATION | ||
Sec. 1116.304. RATIFICATION ELECTION | ||
Sec. 1116.305. ASSUMPTION OF DEBT AND TAXES | ||
Sec. 1116.306. BALLOT | ||
Sec. 1116.307. COMPOSITION AND ELECTION OF BOARD | ||
FOLLOWING ANNEXATION; TERMS | ||
[Sections 1116.308-1116.350 reserved for expansion] | ||
SUBCHAPTER H. EXPANSION OF DISTRICT TERRITORY TO INCLUDE | ||
ALBA-GOLDEN, YANTIS, AND HAWKINS INDEPENDENT SCHOOL DISTRICTS | ||
Sec. 1116.351. ELECTION ON EXPANSION OF DISTRICT; | ||
ORDER; NOTICE | ||
Sec. 1116.352. BALLOT | ||
Sec. 1116.353. COMPOSITION OF BOARD AFTER ANNEXATION | ||
OF ONE SCHOOL DISTRICT; TERMS; VOTING | ||
REQUIREMENT | ||
Sec. 1116.354. COMPOSITION OF BOARD AFTER ANNEXATION | ||
OF MORE THAN ONE SCHOOL DISTRICT; | ||
TERMS; VOTING REQUIREMENT | ||
CHAPTER 1116. WOOD COUNTY CENTRAL HOSPITAL DISTRICT | ||
OF WOOD COUNTY, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1116.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the Wood County Central Hospital | ||
District of Wood County, Texas. (New.) | ||
Sec. 1116.002. AUTHORITY FOR CREATION. The Wood County | ||
Central Hospital District of Wood County, Texas, is created under | ||
the authority of Section 9, Article IX, Texas Constitution. (Acts | ||
60th Leg., R.S., Ch. 293, Sec. 1.) | ||
Sec. 1116.003. DISTRICT TERRITORY. Unless the district's | ||
boundaries are expanded under Subchapter G or H or other law, the | ||
district is composed of the territory in the boundaries of the | ||
Quitman Independent School District located in Wood County as those | ||
boundaries existed on May 25, 1967. (Acts 60th Leg., R.S., Ch. 293, | ||
Sec. 2.) | ||
Sec. 1116.004. DISTRICT SUPPORT AND MAINTENANCE NOT STATE | ||
OBLIGATION. The support and maintenance of the district's hospital | ||
system and any indebtedness incurred by the district under this | ||
chapter may not become a charge against or obligation of this state. | ||
(Acts 60th Leg., R.S., Ch. 293, Sec. 18 (part).) | ||
Sec. 1116.005. RESTRICTION ON STATE FINANCIAL ASSISTANCE. | ||
The legislature may not make a direct appropriation for the | ||
construction, maintenance, or improvement of a district facility. | ||
(Acts 60th Leg., R.S., Ch. 293, Sec. 18 (part).) | ||
[Sections 1116.006-1116.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1116.051. BOARD ELECTION; TERM. (a) The board | ||
consists of six directors elected from the district at large unless | ||
the boundaries of the district are expanded under Subchapter G or H. | ||
(b) Directors serve staggered two-year terms unless: | ||
(1) the alternate terms provided by Section 1116.307, | ||
1116.353, or 1116.354 apply; or | ||
(2) four-year terms are established under Section | ||
285.081, Health and Safety Code. (Acts 60th Leg., R.S., Ch. 293, | ||
Secs. 5(a) (part), (d), (e), (g).) | ||
Sec. 1116.052. QUALIFICATIONS FOR OFFICE. To qualify for | ||
election to the board, a person must: | ||
(1) be at least 18 years of age; | ||
(2) have been a resident of the district for at least | ||
two years; and | ||
(3) be a qualified voter of the district. (Acts 60th | ||
Leg., R.S., Ch. 293, Sec. 5(b).) | ||
Sec. 1116.053. BOND; RECORD OF BOND AND OATH OF OFFICE. (a) | ||
Each director shall qualify for office by executing a good and | ||
sufficient commercial bond for $1,000 that is: | ||
(1) payable to the district; and | ||
(2) conditioned on the faithful performance of the | ||
director's duties. | ||
(b) The district shall pay for a director's bond. | ||
(c) Each director's bond and constitutional oath of office | ||
shall be deposited with the district's depository for safekeeping. | ||
(Acts 60th Leg., R.S., Ch. 293, Sec. 6(a) (part).) | ||
Sec. 1116.054. BOARD VACANCY. If a vacancy occurs on the | ||
board, the board shall appoint a director for the unexpired term. | ||
(Acts 60th Leg., R.S., Ch. 293, Sec. 5(h).) | ||
Sec. 1116.055. OFFICERS. The board shall elect from among | ||
its members a president, a secretary, and a treasurer at the first | ||
meeting after each directors' election. (Acts 60th Leg., R.S., Ch. | ||
293, Sec. 6(b).) | ||
Sec. 1116.056. COMPENSATION; EXPENSES. A director is not | ||
entitled to compensation but is entitled to reimbursement for any | ||
necessary expense incurred in the performance of official duties. | ||
(Acts 60th Leg., R.S., Ch. 293, Sec. 6(c).) | ||
Sec. 1116.057. DISTRICT ADMINISTRATOR. (a) The board may | ||
employ a district administrator to manage the operations of the | ||
hospital system. | ||
(b) The district administrator may employ necessary | ||
personnel to perform the services provided by the hospital system. | ||
(Acts 60th Leg., R.S., Ch. 293, Sec. 11(e) (part).) | ||
Sec. 1116.058. EMPLOYEES. The board may employ an | ||
attorney, a general manager, a bookkeeper, an architect, and other | ||
employees necessary for the efficient operation of the district. | ||
(Acts 60th Leg., R.S., Ch. 293, Sec. 11(e) (part).) | ||
Sec. 1116.059. MAINTENANCE OF RECORDS; PUBLIC INSPECTION. | ||
Except as provided by Section 1116.053, the board shall: | ||
(1) maintain all district records, including books, | ||
accounts, notices, minutes, and other matters of the district and | ||
the district's operation, at the district office; and | ||
(2) make those records available for public inspection | ||
at reasonable times. (Acts 60th Leg., R.S., Ch. 293, Sec. 11(b).) | ||
[Sections 1116.060-1116.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1116.101. DISTRICT RESPONSIBILITY. The district shall | ||
provide all necessary medical and hospital care for the district's | ||
needy inhabitants. (Acts 60th Leg., R.S., Ch. 293, Sec. 3 (part).) | ||
Sec. 1116.102. RESTRICTION ON POLITICAL SUBDIVISION | ||
TAXATION AND DEBT. A political subdivision of this state, other | ||
than the district, may not impose a tax or issue bonds or other | ||
obligations to provide hospital service or medical care in the | ||
district. (Acts 60th Leg., R.S., Ch. 293, Sec. 3 (part).) | ||
Sec. 1116.103. MANAGEMENT AND CONTROL OF DISTRICT. The | ||
board has full power to manage and control the district. (Acts 60th | ||
Leg., R.S., Ch. 293, Secs. 5(a) (part), 11(a) (part).) | ||
Sec. 1116.104. HOSPITAL SYSTEM. The district has the | ||
responsibility to establish a hospital or hospital system within | ||
its boundaries to provide hospital and medical care to the | ||
district's residents. (Acts 60th Leg., R.S., Ch. 293, Sec. 3 | ||
(part).) | ||
Sec. 1116.105. RULES. (a) The board shall adopt rules for | ||
the efficient operation of the district and district facilities. | ||
(b) The board shall: | ||
(1) publish the rules in book form; and | ||
(2) provide copies to interested persons on request at | ||
district expense. (Acts 60th Leg., R.S., Ch. 293, Sec. 11(c).) | ||
Sec. 1116.106. PURCHASING AND ACCOUNTING. The board may | ||
prescribe the method of making purchases and expenditures and the | ||
manner of accounting and control used by the district. (Acts 60th | ||
Leg., R.S., Ch. 293, Sec. 11(e) (part).) | ||
Sec. 1116.107. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain to acquire a fee simple or | ||
other interest in real, personal, or mixed property located in | ||
district territory if the interest is necessary or convenient to | ||
exercise a power or duty conferred on the district by this chapter. | ||
(b) 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 deposit in the trial court money or a | ||
bond as otherwise required by Section 21.021(a), Property Code. | ||
(c) In a condemnation proceeding, the district is not | ||
required to: | ||
(1) pay in advance or provide a bond or other security | ||
for costs in the trial court; or | ||
(2) provide a bond for costs or a supersedeas bond on | ||
an appeal or petition for review. (Acts 60th Leg., R.S., Ch. 293, | ||
Sec. 14.) | ||
Sec. 1116.108. GIFTS AND ENDOWMENTS. The board may accept | ||
for the district a gift or endowment to be held in trust and | ||
administered by the board under the directions, limitations, or | ||
other provisions prescribed in writing by the donor that are not | ||
inconsistent with the proper management of the district. (Acts | ||
60th Leg., R.S., Ch. 293, Sec. 11(f).) | ||
Sec. 1116.109. CONTRACTS WITH POLITICAL SUBDIVISIONS FOR | ||
HOSPITAL CARE. The board may contract with a political subdivision | ||
to provide hospital and medical care for needy persons who reside | ||
outside the district. (Acts 60th Leg., R.S., Ch. 293, Sec. 11(g).) | ||
Sec. 1116.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) A | ||
person who resides in the district is entitled to receive necessary | ||
medical and hospital care regardless of whether the person has the | ||
ability to pay for the care. The person may apply to receive this | ||
care without cost. | ||
(b) The board or the district administrator shall employ a | ||
person to investigate the ability of the patient and any relative | ||
liable for the patient's support to pay for the medical and hospital | ||
care received by the patient. | ||
(c) If the investigator finds that neither the patient nor | ||
those relatives can pay all or part of the patient's care, the | ||
expense of this care becomes a charge against the district. | ||
(d) If the patient or those relatives can pay for all or part | ||
of the costs of the patient's care, the board shall order the | ||
patient or relative to pay to the district treasurer each week an | ||
amount specified in the order. The amount must be proportionate to | ||
the person's ability to pay. | ||
(e) The district may collect the amount from the patient's | ||
estate, or from any relative liable for the patient's support, in | ||
the manner provided by law for the collection of expenses of the | ||
last illness of a deceased person. | ||
(f) If there is a dispute as to the ability to pay, or doubt | ||
in the mind of the investigator, the board shall hold a hearing and, | ||
after calling witnesses, shall: | ||
(1) determine the question; and | ||
(2) make the proper order based on the board's | ||
findings. | ||
(g) A party to the hearing who is not satisfied with the | ||
result of the order may appeal to the district court. The appeal is | ||
de novo, as that term is used in an appeal from a justice court to a | ||
county court. (Acts 60th Leg., R.S., Ch. 293, Sec. 13.) | ||
[Sections 1116.111-1116.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1116.151. BUDGET. The board shall prepare a budget | ||
that includes: | ||
(1) proposed expenditures and disbursements; | ||
(2) estimated receipts and collections for the next | ||
fiscal year; and | ||
(3) the amount of taxes required to be imposed during | ||
the next fiscal year to meet the proposed budget. (Acts 60th Leg., | ||
R.S., Ch. 293, Sec. 12(b).) | ||
Sec. 1116.152. PROPOSED BUDGET: NOTICE AND HEARING. (a) | ||
The board shall hold a public hearing on the proposed budget. | ||
(b) Notice of the hearing must be published at least once in | ||
a newspaper of general circulation in the district not later than | ||
the 10th day before the date of the hearing. | ||
(c) Any qualified property tax paying voter is entitled to: | ||
(1) appear at the hearing; and | ||
(2) be heard regarding any item in the proposed | ||
budget. (Acts 60th Leg., R.S., Ch. 293, Secs. 12(c), (d).) | ||
Sec. 1116.153. FISCAL YEAR. The district's fiscal year is | ||
from October 1 to September 30. (Acts 60th Leg., R.S., Ch. 293, | ||
Sec. 12(a).) | ||
Sec. 1116.154. ANNUAL AUDIT. (a) The board annually shall | ||
require an independent audit of the district's books and records. | ||
(b) Not later than December 1 of each year, the board shall | ||
file a copy of the audit with: | ||
(1) the comptroller; and | ||
(2) the district. (Acts 60th Leg., R.S., Ch. 293, Sec. | ||
11(d).) | ||
Sec. 1116.155. DEPOSITORY. (a) The board by resolution | ||
shall designate a bank in Wood County as the district's depository. | ||
A designated bank serves for two years and until a successor is | ||
designated. | ||
(b) All district money shall be deposited in the depository | ||
and secured in the manner provided for securing county funds. (Acts | ||
60th Leg., R.S., Ch. 293, Sec. 15.) | ||
[Sections 1116.156-1116.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 1116.201. BONDS. (a) The district may issue bonds | ||
to: | ||
(1) purchase, construct, acquire, repair, or renovate | ||
buildings and improvements; and | ||
(2) equip buildings for hospital purposes. | ||
(b) The total face value of the bonds may not exceed the | ||
amount specified in the election order. (Acts 60th Leg., R.S., Ch. | ||
293, Secs. 9(a) (part), 10(a).) | ||
Sec. 1116.202. TAX TO PAY BONDS. The board may issue bonds | ||
under Section 1116.201 only if the board imposes an ad valorem tax | ||
at a rate sufficient to create an interest and sinking fund to pay | ||
the principal of and interest on the bonds as the bonds mature. | ||
(Acts 60th Leg., R.S., Ch. 293, Sec. 10(c).) | ||
Sec. 1116.203. BOND ELECTION. (a) The board may issue | ||
bonds under Section 1116.201 only if the bonds are authorized by a | ||
majority of the district voters voting in an election held for that | ||
purpose. | ||
(b) The board may order a bond election at any time. | ||
(c) The order calling an election must include: | ||
(1) the time of the election; | ||
(2) the location of the polling places; | ||
(3) the form of the ballots; | ||
(4) the presiding judge for each polling place; | ||
(5) the purpose of the bond issuance; | ||
(6) the amount of the bonds to be issued; | ||
(7) the maximum interest rate of the bonds; and | ||
(8) the maximum maturity date of the bonds. | ||
(d) A substantial copy of the election order shall be | ||
published in a newspaper of general circulation in the district | ||
once a week for two consecutive weeks before the date of the | ||
election. The first notice must be published at least 14 days | ||
before the date of the election. | ||
(e) A copy of the election results must be filed with the | ||
county clerk and become a public record. (Acts 60th Leg., R.S., Ch. | ||
293, Secs. 4(b), (c), (d) (part), 9(a) (part), (b), (d).) | ||
Sec. 1116.204. MATURITY OF BONDS. District bonds must | ||
mature not later than 40 years after the date of issuance. (Acts | ||
60th Leg., R.S., Ch. 293, Sec. 9(c) (part).) | ||
Sec. 1116.205. EXECUTION OF BONDS. The board president | ||
shall execute the district's bonds in the district's name, and the | ||
board secretary shall countersign the bonds. (Acts 60th Leg., | ||
R.S., Ch. 293, Sec. 10(b) (part).) | ||
[Sections 1116.206-1116.250 reserved for expansion] | ||
SUBCHAPTER F. TAXES | ||
Sec. 1116.251. IMPOSITION OF AD VALOREM TAX. (a) The board | ||
shall impose a tax on all property in the district subject to | ||
district taxation. | ||
(b) The tax may be used only to: | ||
(1) pay the interest on and create a sinking fund for | ||
bonds issued under this chapter; | ||
(2) provide for the operation and maintenance of the | ||
district and the hospital system; | ||
(3) make improvements and additions to the hospital | ||
system; and | ||
(4) acquire sites for additions to the hospital | ||
system. (Acts 60th Leg., R.S., Ch. 293, Secs. 8(a) (part), (c).) | ||
Sec. 1116.252. TAX RATE. Unless the tax rate is increased | ||
as provided by Section 1116.253, the board may impose the tax at a | ||
rate not to exceed 35 cents on each $100 valuation of all property | ||
in the district subject to taxation. (Acts 60th Leg., R.S., Ch. | ||
293, Sec. 8(a) (part).) | ||
Sec. 1116.253. ELECTION TO INCREASE MAXIMUM TAX RATE; | ||
ORDER; NOTICE; BALLOT. (a) The board may order an election to | ||
increase the district's maximum tax rate to a rate not to exceed 75 | ||
cents on each $100 valuation of all property in the district subject | ||
to district taxation. | ||
(b) The maximum tax rate may not be increased unless the | ||
increase is approved by a majority of the district voters voting in | ||
an election held for that purpose. | ||
(c) The board shall give notice of the election in the | ||
manner provided for a bond election under Section 1116.203. | ||
(d) The election order must provide for clerks as in county | ||
elections and must state: | ||
(1) the date of the election; | ||
(2) the location of the polling places; | ||
(3) the form of the ballot; and | ||
(4) the presiding judge and alternate judge for each | ||
polling place. | ||
(e) The ballot for an election shall be printed to permit | ||
voting for or against the proposition: "The imposition of a tax not | ||
to exceed 75 cents on the $100 valuation on all property in the | ||
district subject to hospital district taxation." | ||
(f) The board shall declare the results of the election. | ||
(g) An election to increase the maximum tax rate may not be | ||
held under this section before the first anniversary of the date of | ||
any preceding election on the same proposition. | ||
(h) Section 41.001(a), Election Code, does not apply to an | ||
election ordered under this section. (Acts 60th Leg., R.S., Ch. | ||
293, Sec. 7A (part).) | ||
Sec. 1116.254. TAX ASSESSOR AND COLLECTOR. The Wood County | ||
tax assessor-collector shall collect taxes for the district. (Acts | ||
60th Leg., R.S., Ch. 293, Sec. 8(d) (part).) | ||
[Sections 1116.255-1116.300 reserved for expansion] | ||
SUBCHAPTER G. EXPANSION OF DISTRICT TERRITORY TO INCLUDE MINEOLA | ||
INDEPENDENT SCHOOL DISTRICT | ||
Sec. 1116.301. PETITION TO EXPAND DISTRICT TERRITORY. (a) | ||
Registered voters of a defined territory composed of all territory | ||
within the boundaries of the Mineola Independent School District | ||
may file a petition with the board secretary requesting inclusion | ||
of the territory in the district. | ||
(b) The petition must be signed by the lesser of 50 | ||
registered voters of the territory or a majority of those voters. | ||
(Acts 60th Leg., R.S., Ch. 293, Sec. 7C(a).) | ||
Sec. 1116.302. NOTICE OF HEARING. (a) The board shall set | ||
a time and place to hold a hearing on the petition. | ||
(b) The hearing shall be held not earlier than the 31st day | ||
after the date the board issues the order. (Acts 60th Leg., R.S., | ||
Ch. 293, Sec. 7C(b).) | ||
Sec. 1116.303. ORDER OF ANNEXATION. If, after the hearing, | ||
the board determines that annexation of the territory into the | ||
district would be feasible and would benefit the district, the | ||
board may approve the annexation by a resolution entered in its | ||
minutes. (Acts 60th Leg., R.S., Ch. 293, Sec. 7C(c).) | ||
Sec. 1116.304. RATIFICATION ELECTION. (a) Annexation of | ||
territory is final when approved by a majority of the voters at: | ||
(1) an election held in the district; and | ||
(2) a separate election held on the same date in the | ||
territory to be annexed. | ||
(b) Section 41.001(a), Election Code, does not apply to an | ||
election held under this section. (Acts 60th Leg., R.S., Ch. 293, | ||
Secs. 7C(d) (part), (f) (part).) | ||
Sec. 1116.305. ASSUMPTION OF DEBT AND TAXES. If the | ||
district has outstanding debts or taxes, the voters in the | ||
elections to approve annexation must determine whether the annexed | ||
territory will assume its portion of the debts or taxes on | ||
annexation. (Acts 60th Leg., R.S., Ch. 293, Sec. 7C(d) (part).) | ||
Sec. 1116.306. BALLOT. The ballot for the elections shall | ||
be printed to permit voting for or against the following, as | ||
applicable: | ||
(1) "Adding the territory within the boundaries of the | ||
Mineola Independent School District to the Wood County Central | ||
Hospital District of Wood County." | ||
(2) "The territory within the boundaries of the | ||
Mineola Independent School District assuming its proportionate | ||
share of the outstanding debts and taxes of the Wood County Central | ||
Hospital District of Wood County, if it is added to the district." | ||
(Acts 60th Leg., R.S., Ch. 293, Sec. 7C(e).) | ||
Sec. 1116.307. COMPOSITION AND ELECTION OF BOARD FOLLOWING | ||
ANNEXATION; TERMS. (a) If annexation is approved, the board shall | ||
appoint a resident of the Mineola Independent School District to | ||
serve as a temporary director until the date of the next regular | ||
election of directors. | ||
(b) Notwithstanding any other provision of this chapter, | ||
beginning on the date the temporary director is appointed as | ||
required by Subsection (a) and ending on the date a majority of the | ||
directors elected in the next regular election have qualified for | ||
office: | ||
(1) the board is composed of seven directors; and | ||
(2) a concurrence of four directors is sufficient in | ||
any matter relating to district business. | ||
(c) Notwithstanding any other provision of this chapter, on | ||
the date of the next regular election following the approval of | ||
annexation: | ||
(1) five directors shall be elected from the area of | ||
the district that is composed of the jurisdiction of the Quitman | ||
Independent School District as those boundaries existed on May 25, | ||
1967; | ||
(2) five directors shall be elected from the area of | ||
the district that is composed of the jurisdiction of the Mineola | ||
Independent School District as those boundaries existed on the date | ||
annexation was approved; and | ||
(3) three directors shall be elected from the district | ||
at large. | ||
(d) Notwithstanding any other provision of this chapter, on | ||
the date a majority of the directors elected to the board under | ||
Subsection (c) have qualified for office: | ||
(1) the term of office of any director elected or | ||
appointed to the board before that election expires; and | ||
(2) the directors elected to the board under | ||
Subsection (c) shall draw lots to determine: | ||
(A) which director elected from the area of the | ||
district that is composed of the jurisdiction of the Quitman | ||
Independent School District, as those boundaries existed on May 25, | ||
1967, serves a one-year term, which two directors elected from that | ||
area serve two-year terms, and which two directors elected from | ||
that area serve three-year terms; | ||
(B) which director elected from the area of the | ||
district that is composed of the jurisdiction of the Mineola | ||
Independent School District, as those boundaries existed on the | ||
date annexation was approved, serves a one-year term, which two | ||
directors elected from that area serve two-year terms, and which | ||
two directors elected from that area serve three-year terms; and | ||
(C) which director elected from the district at | ||
large serves a one-year term, which director elected from the | ||
district at large serves a two-year term, and which director | ||
elected from the district at large serves a three-year term. | ||
(e) Notwithstanding any other provision of this chapter, | ||
beginning on the date a majority of the directors elected under | ||
Subsection (c) qualify for office: | ||
(1) the board is composed of 13 directors; and | ||
(2) a concurrence of seven directors is sufficient in | ||
any matter relating to district business. | ||
(f) Successor directors shall be elected as provided by | ||
Subsections (c) and (d) so that: | ||
(1) five directors are elected from the area of the | ||
district that is composed of the jurisdiction of the Quitman | ||
Independent School District as those boundaries existed on May 25, | ||
1967; | ||
(2) five directors are elected from the area of the | ||
district that is composed of the jurisdiction of the Mineola | ||
Independent School District as those boundaries existed on the date | ||
annexation was approved; and | ||
(3) three directors are elected from the district at | ||
large. | ||
(g) Following each decennial federal census, the board | ||
shall evaluate the electoral areas described by Subsection (f) to | ||
ensure that the areas comply with the requirements of federal | ||
election laws and shall adjust the jurisdiction of the areas in | ||
accordance with federal requirements. (Acts 60th Leg., R.S., Ch. | ||
293, Secs. 7C(g), (h) (part), (i), (j), (k) (part), (l), (m).) | ||
[Sections 1116.308-1116.350 reserved for expansion] | ||
SUBCHAPTER H. EXPANSION OF DISTRICT TERRITORY TO INCLUDE | ||
ALBA-GOLDEN, YANTIS, AND HAWKINS INDEPENDENT SCHOOL DISTRICTS | ||
Sec. 1116.351. ELECTION ON EXPANSION OF DISTRICT; ORDER; | ||
NOTICE. (a) The board may order one or more elections in the area | ||
of one or more of the following independent school districts, as | ||
they were constituted on May 15, 1979, on the question of whether | ||
that area shall be included in the district: | ||
(1) Alba-Golden; | ||
(2) Yantis; and | ||
(3) Hawkins. | ||
(b) The area of a school district in which an election is | ||
held is included in the district if a majority of registered voters | ||
in that school district voting at the election approve annexation. | ||
(c) The board shall give notice of the election in the | ||
district and in the area of each school district sought to be | ||
included in the district in the manner provided for a bond election | ||
under Section 1116.203. | ||
(d) The election order must provide for clerks as in county | ||
elections and must state: | ||
(1) the date of the election; | ||
(2) the location of the polling places; | ||
(3) the form of the ballot; and | ||
(4) the presiding judge and alternate judge for each | ||
polling place. | ||
(e) The board shall declare the results of the election. | ||
(f) An election to expand district territory to include the | ||
area of a school district may not be held under this section before | ||
the first anniversary of the date of an election on the same | ||
proposition. | ||
(g) Section 41.001(a), Election Code, does not apply to an | ||
election ordered under this section. (Acts 60th Leg., R.S., Ch. | ||
293, Secs. 7B(a), (b) (part), (c) (part).) | ||
Sec. 1116.352. BALLOT. The ballot for an election shall be | ||
printed to permit voting for or against the proposition: "The | ||
inclusion of the area of the (name of district) Independent School | ||
District in the Wood County Central Hospital District; providing | ||
for the imposition of annual taxes for hospital purposes and to pay | ||
that area's share of the hospital district's debt at a rate not to | ||
exceed (maximum tax rate in the district) cents on the $100 | ||
valuation of all taxable property within the district." (Acts 60th | ||
Leg., R.S., Ch. 293, Sec. 7B(b) (part).) | ||
Sec. 1116.353. COMPOSITION OF BOARD AFTER ANNEXATION OF ONE | ||
SCHOOL DISTRICT; TERMS; VOTING REQUIREMENT. (a) If a majority of | ||
the voters in the area of only one of the school districts approve | ||
annexation, the board shall appoint a resident of that area to serve | ||
as a director until the next regular election of directors. | ||
(b) Successors to a director appointed under Subsection (a) | ||
are elected from the district at large and serve two-year terms. | ||
(c) During any time the board is composed of seven | ||
directors, a concurrence of four is sufficient in any matter | ||
relating to district business. (Acts 60th Leg., R.S., Ch. 293, Sec. | ||
7B(d) (part).) | ||
Sec. 1116.354. COMPOSITION OF BOARD AFTER ANNEXATION OF | ||
MORE THAN ONE SCHOOL DISTRICT; TERMS; VOTING REQUIREMENT. (a) If a | ||
majority of the voters in the area of more than one school district | ||
approve annexation, the board may appoint two directors who are | ||
residents of the annexed area to serve in addition to the six | ||
sitting directors, for a total of eight directors. | ||
(b) If the board appoints two directors under Subsection | ||
(a), the board shall appoint: | ||
(1) one director to serve until the next regular | ||
election of directors following appointment; and | ||
(2) one director to serve until the election of | ||
directors following the next regular election of directors. | ||
(c) During any time the board is composed of eight | ||
directors, a concurrence of five is sufficient in any matter | ||
relating to district business. (Acts 60th Leg., R.S., Ch. 293, Sec. | ||
7B(e) (part).) | ||
CHAPTER 1117. YOAKUM HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1117.001. DEFINITIONS | ||
Sec. 1117.002. AUTHORITY FOR OPERATION | ||
Sec. 1117.003. ESSENTIAL PUBLIC FUNCTION | ||
Sec. 1117.004. DISTRICT TERRITORY | ||
Sec. 1117.005. CORRECTION OF INVALID PROCEDURES | ||
Sec. 1117.006. DISTRICT SUPPORT AND MAINTENANCE NOT | ||
STATE OBLIGATION | ||
Sec. 1117.007. RESTRICTION ON STATE FINANCIAL | ||
ASSISTANCE | ||
[Sections 1117.008-1117.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1117.051. BOARD ELECTION; TERM | ||
Sec. 1117.052. NOTICE OF ELECTION | ||
Sec. 1117.053. QUALIFICATIONS FOR OFFICE | ||
Sec. 1117.054. BOND; RECORD OF BOND AND OATH | ||
Sec. 1117.055. BOARD VACANCY | ||
Sec. 1117.056. OFFICERS | ||
Sec. 1117.057. COMPENSATION; EXPENSES | ||
Sec. 1117.058. VOTING REQUIREMENT | ||
Sec. 1117.059. DISTRICT ADMINISTRATOR | ||
Sec. 1117.060. GENERAL DUTIES OF DISTRICT | ||
ADMINISTRATOR | ||
Sec. 1117.061. EMPLOYEES | ||
Sec. 1117.062. MEDICAL DIRECTOR | ||
Sec. 1117.063. RETIREMENT PROGRAM; INSURANCE OR | ||
MEDICAL PROTECTION PROGRAM | ||
[Sections 1117.064-1117.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1117.101. DISTRICT RESPONSIBILITY | ||
Sec. 1117.102. RESTRICTION ON COUNTY OR MUNICIPAL | ||
TAXATION | ||
Sec. 1117.103. MANAGEMENT AND CONTROL | ||
Sec. 1117.104. HOSPITAL SYSTEM | ||
Sec. 1117.105. RULES | ||
Sec. 1117.106. PURCHASING AND ACCOUNTING | ||
Sec. 1117.107. EMINENT DOMAIN | ||
Sec. 1117.108. GIFTS AND ENDOWMENTS | ||
Sec. 1117.109. CONTRACTS WITH GOVERNMENTAL ENTITIES | ||
FOR CARE AND TREATMENT | ||
Sec. 1117.110. PAYMENT FOR TREATMENT; PROCEDURES | ||
Sec. 1117.111. AUTHORITY TO SUE AND BE SUED | ||
[Sections 1117.112-1117.150 reserved for expansion] | ||
SUBCHAPTER D. CHANGE IN BOUNDARIES | ||
Sec. 1117.151. ANNEXATION; TERRITORY SUBJECT TO | ||
ANNEXATION | ||
Sec. 1117.152. ELECTION | ||
Sec. 1117.153. ELECTION RESULT; EFFECT | ||
[Sections 1117.154-1117.200 reserved for expansion] | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1117.201. BUDGET | ||
Sec. 1117.202. NOTICE; HEARING | ||
Sec. 1117.203. FISCAL YEAR | ||
Sec. 1117.204. ANNUAL AUDIT | ||
Sec. 1117.205. FINANCIAL REPORT | ||
Sec. 1117.206. INSPECTION OF DISTRICT RECORDS AND | ||
REPORTS | ||
Sec. 1117.207. DEPOSITORY OR TREASURER | ||
[Sections 1117.208-1117.250 reserved for expansion] | ||
SUBCHAPTER F. BONDS | ||
Sec. 1117.251. GENERAL OBLIGATION BONDS | ||
Sec. 1117.252. TAX TO PAY GENERAL OBLIGATION BONDS | ||
Sec. 1117.253. GENERAL OBLIGATION BOND ELECTION | ||
Sec. 1117.254. EXECUTION OF GENERAL OBLIGATION BONDS | ||
Sec. 1117.255. REFUNDING BONDS | ||
Sec. 1117.256. BONDS EXEMPT FROM TAXATION | ||
[Sections 1117.257-1117.300 reserved for expansion] | ||
SUBCHAPTER G. TAXES | ||
Sec. 1117.301. IMPOSITION OF AD VALOREM TAX | ||
Sec. 1117.302. TAX RATE | ||
Sec. 1117.303. TAX ASSESSOR-COLLECTOR | ||
CHAPTER 1117. YOAKUM HOSPITAL DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1117.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the Yoakum Hospital District. | ||
(New.) | ||
Sec. 1117.002. AUTHORITY FOR OPERATION. The Yoakum | ||
Hospital District operates in accordance with Section 9, Article | ||
IX, Texas Constitution, and has the powers and responsibilities | ||
provided by that section and this chapter. (Acts 59th Leg., R.S., | ||
Ch. 317, Sec. 1 (part).) | ||
Sec. 1117.003. ESSENTIAL PUBLIC FUNCTION. The district | ||
performs an essential public function in carrying out the purposes | ||
of this chapter. (Acts 59th Leg., R.S., Ch. 317, Sec. 8 (part).) | ||
Sec. 1117.004. DISTRICT TERRITORY. Unless modified under | ||
Subchapter D, the district is composed of the territory described | ||
by Section 1, Chapter 317, Acts of the 59th Legislature, Regular | ||
Session, 1965. (New.) | ||
Sec. 1117.005. CORRECTION OF INVALID PROCEDURES. If a | ||
court holds that any procedure under this chapter violates the | ||
constitution of this state or of the United States, the district by | ||
resolution may provide an alternative procedure that conforms with | ||
the constitution. (Acts 59th Leg., R.S., Ch. 317, Sec. 20 (part).) | ||
Sec. 1117.006. DISTRICT SUPPORT AND MAINTENANCE NOT STATE | ||
OBLIGATION. The support and maintenance of the district may not | ||
become a charge against or obligation of this state. (Acts 59th | ||
Leg., R.S., Ch. 317, Sec. 16 (part).) | ||
Sec. 1117.007. RESTRICTION ON STATE FINANCIAL ASSISTANCE. | ||
The legislature may not make a direct appropriation for the | ||
construction, maintenance, or improvement of a district facility. | ||
(Acts 59th Leg., R.S., Ch. 317, Sec. 16 (part).) | ||
[Sections 1117.008-1117.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 1117.051. BOARD ELECTION; TERM. (a) The district is | ||
governed by a board of seven elected directors. | ||
(b) Directors serve staggered three-year terms, with the | ||
terms of two or three directors expiring each year, as appropriate. | ||
(Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).) | ||
Sec. 1117.052. NOTICE OF ELECTION. (a) At least 10 days | ||
before the date of a directors' election, notice of the election | ||
must be published one time in a newspaper of general circulation in | ||
the district. | ||
(b) The notice and order must specify the last day for | ||
filing. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).) | ||
Sec. 1117.053. QUALIFICATIONS FOR OFFICE. A person may not | ||
be elected or appointed as a director unless the person: | ||
(1) is a resident of the district; | ||
(2) owns property in the district subject to taxation; | ||
and | ||
(3) is at least 18 years of age at the time of election | ||
or appointment. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).) | ||
Sec. 1117.054. BOND; RECORD OF BOND AND OATH. (a) Each | ||
director shall execute a good and sufficient bond for $1,000 that | ||
is: | ||
(1) payable to the district; and | ||
(2) conditioned on the faithful performance of the | ||
director's duties. | ||
(b) Each director's bond and constitutional oath of office | ||
shall be deposited with the district's depository bank for | ||
safekeeping. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).) | ||
Sec. 1117.055. BOARD VACANCY. If a vacancy occurs in the | ||
office of director, the remaining directors shall appoint a | ||
director for the unexpired term. (Acts 59th Leg., R.S., Ch. 317, | ||
Sec. 4 (part).) | ||
Sec. 1117.056. OFFICERS. The board shall annually elect | ||
from among its members a president, a vice president, and a | ||
secretary. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).) | ||
Sec. 1117.057. COMPENSATION; EXPENSES. A director serves | ||
without compensation but may be reimbursed for actual expenses | ||
incurred in the performance of official duties on approval of the | ||
expenses by the entire board. (Acts 59th Leg., R.S., Ch. 317, Sec. | ||
5 (part).) | ||
Sec. 1117.058. VOTING REQUIREMENT. A concurrence of four | ||
directors is sufficient in any matter relating to district | ||
business. (Acts 59th Leg., R.S., Ch. 317, Sec. 4 (part).) | ||
Sec. 1117.059. DISTRICT ADMINISTRATOR. (a) The board may | ||
appoint a qualified person as district administrator. | ||
(b) The district administrator serves at the will of the | ||
board and receives the compensation determined by the board. | ||
(c) The tenure of the district administrator's contract may | ||
not exceed two years. | ||
(d) On assuming the duties of district administrator, the | ||
administrator shall execute a bond payable to the district in an | ||
amount set by the board of not less than $10,000 that: | ||
(1) is conditioned on the administrator performing the | ||
administrator's duties; and | ||
(2) contains other conditions the board may require. | ||
(Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).) | ||
Sec. 1117.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR. | ||
(a) Subject to the direct control and responsibility of the board | ||
and any limitations prescribed by the board, the district | ||
administrator shall: | ||
(1) supervise the work and activities of the district; | ||
and | ||
(2) direct the affairs of the district. | ||
(b) The board must confirm the appointment of a person | ||
employed by the district administrator. (Acts 59th Leg., R.S., Ch. | ||
317, Sec. 5 (part).) | ||
Sec. 1117.061. EMPLOYEES. (a) The board may employ | ||
employees, including doctors, technicians, nurses, bookkeepers, | ||
financial advisors, architects, lawyers, and clerks, as considered | ||
necessary or convenient for the efficient operation of the district | ||
or a district hospital or hospital system, or to discharge the | ||
district's duties, obligations, and responsibility in the | ||
provision of medical and hospital care. | ||
(b) An employee serves at the will of the board and receives | ||
the compensation determined by the board. (Acts 59th Leg., R.S., | ||
Ch. 317, Sec. 5 (part).) | ||
Sec. 1117.062. MEDICAL DIRECTOR. (a) The board shall | ||
appoint a medical director. | ||
(b) To be qualified for appointment as the medical director, | ||
a person must: | ||
(1) be a doctor of medicine; and | ||
(2) actively practice medicine in the district. | ||
(c) The medical director is in charge of all matters of a | ||
medical nature in the district, subject to any rules adopted by the | ||
board. | ||
(d) The medical director is entitled to: | ||
(1) attend all meetings of the board; and | ||
(2) take part in all board discussions. | ||
(e) The medical director may not vote at a meeting of the | ||
board. (Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).) | ||
Sec. 1117.063. RETIREMENT PROGRAM; INSURANCE OR MEDICAL | ||
PROTECTION PROGRAM. The board may enter into any contract as | ||
required to establish or continue a retirement program or insurance | ||
or medical protection program for the benefit of the district's | ||
employees. (Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).) | ||
[Sections 1117.064-1117.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 1117.101. DISTRICT RESPONSIBILITY. The district has | ||
full responsibility for: | ||
(1) providing medical and hospital care for the | ||
district's needy inhabitants; and | ||
(2) operating all hospital facilities for providing | ||
medical and hospital care for needy or indigent persons in the | ||
district. (Acts 59th Leg., R.S., Ch. 317, Secs. 2 (part), 15 | ||
(part).) | ||
Sec. 1117.102. RESTRICTION ON COUNTY OR MUNICIPAL TAXATION. | ||
A county, any part of which is in the district, or a municipality in | ||
the district may not issue bonds or other obligations or impose a | ||
tax on property in the district for hospital purposes for medical | ||
treatment of needy or indigent persons of the district. (Acts 59th | ||
Leg., R.S., Ch. 317, Sec. 15 (part).) | ||
Sec. 1117.103. MANAGEMENT AND CONTROL. (a) The management | ||
and control of the district is vested in the board. | ||
(b) The district, through the board, has every power, right, | ||
and privilege incident to the ownership of land, buildings, and | ||
personal property and the complete operation, management, and | ||
maintenance of a hospital or hospital system, including the power | ||
to: | ||
(1) negotiate and contract with any person to purchase | ||
or lease land or a hospital; | ||
(2) construct and equip a hospital or hospital system; | ||
(3) acquire and own land and a hospital and lease the | ||
land and hospital, with all hospital equipment and facilities, to | ||
any person to conduct the complete operation, management, and | ||
maintenance of a hospital or hospital system in consideration of a | ||
fair and reasonable annual payment to defray all or part of the | ||
district's annual capital outlay or debt service requirements; and | ||
(4) negotiate and contract with other political | ||
subdivisions of this state or private individuals, associations, or | ||
corporations for a purpose described by this subsection. | ||
(c) A contract or lease described by Subsection (b) must | ||
assure the provision of medical and hospital care for the | ||
district's needy inhabitants. (Acts 59th Leg., R.S., Ch. 317, Sec. | ||
5 (part).) | ||
Sec. 1117.104. HOSPITAL SYSTEM. The district shall provide | ||
for: | ||
(1) the establishment of a hospital system by: | ||
(A) purchasing, constructing, acquiring, | ||
repairing, or renovating buildings and equipment; and | ||
(B) equipping the buildings; and | ||
(2) the administration of the hospital system for | ||
hospital purposes. (Acts 59th Leg., R.S., Ch. 317, Sec. 2 (part).) | ||
Sec. 1117.105. RULES. The district, through the board, may | ||
adopt rules for the operation of the district. (Acts 59th Leg., | ||
R.S., Ch. 317, Sec. 5 (part).) | ||
Sec. 1117.106. PURCHASING AND ACCOUNTING. The board may | ||
prescribe: | ||
(1) the method and manner of making purchases and | ||
expenditures by and for the district; and | ||
(2) all accounting and control procedures. (Acts 59th | ||
Leg., R.S., Ch. 317, Sec. 5 (part).) | ||
Sec. 1117.107. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain to acquire a fee simple or | ||
other interest in any type of property located in district | ||
territory if the interest is necessary to a power, right, or | ||
privilege conferred by this chapter. | ||
(b) 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 deposit in the trial court money or a | ||
bond as provided by Section 21.021(a), Property Code. | ||
(c) In a condemnation proceeding brought by the district, | ||
the district is not required to: | ||
(1) pay in advance or provide a bond or other security | ||
for costs in the trial court; | ||
(2) provide a bond for the issuance of a temporary | ||
restraining order or a temporary injunction; or | ||
(3) provide a bond for costs or a supersedeas bond on | ||
an appeal or petition for review. (Acts 59th Leg., R.S., Ch. 317, | ||
Sec. 12.) | ||
Sec. 1117.108. GIFTS AND ENDOWMENTS. The board may accept | ||
for the district a gift or endowment to be held in trust and | ||
administered by the board for the purposes and under any | ||
directions, limitations, or other provisions prescribed in writing | ||
by the donor that are not inconsistent with the proper management | ||
and objectives of the district. (Acts 59th Leg., R.S., Ch. 317, | ||
Sec. 18.) | ||
Sec. 1117.109. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR | ||
CARE AND TREATMENT. The board may contract with: | ||
(1) any county or municipality located outside the | ||
district for the care and treatment of a sick or injured person of | ||
that county or municipality; and | ||
(2) this state or a federal agency for the treatment of | ||
a sick, disabled, or injured person for whom the state or the | ||
federal government is responsible. (Acts 59th Leg., R.S., Ch. 317, | ||
Sec. 5 (part).) | ||
Sec. 1117.110. PAYMENT FOR TREATMENT; PROCEDURES. (a) | ||
When a patient who resides in the district has been admitted to a | ||
district facility, the board shall have an inquiry made into the | ||
circumstances of: | ||
(1) the patient; and | ||
(2) the patient's relatives legally liable for the | ||
patient's support. | ||
(b) If an agent designated by the district to handle the | ||
inquiry determines that the patient or those relatives cannot pay | ||
for all or part of the patient's care and treatment in the hospital, | ||
the amount that cannot be paid becomes a charge against the | ||
district. | ||
(c) If the board determines that the patient or those | ||
relatives are liable to pay for all or part of the patient's care | ||
and treatment, the patient or those relatives shall be ordered to | ||
pay to the district's treasurer a specified amount each week for the | ||
patient's support. The amount ordered must be proportionate to | ||
their financial ability and may not exceed the actual per capita | ||
cost of maintenance. | ||
(d) The district may collect the amount from the patient's | ||
estate, or from those relatives legally liable for the patient's | ||
support, in the manner provided by law for the collection of | ||
expenses of the last illness of a deceased person. | ||
(e) If there is a dispute as to the ability to pay, or doubt | ||
in the mind of the district's designated agent, the board shall hold | ||
a hearing and, after calling witnesses, shall: | ||
(1) resolve the dispute or doubt; and | ||
(2) issue any appropriate order. | ||
(f) Either party to the dispute may appeal the order to the | ||
district court. (Acts 59th Leg., R.S., Ch. 317, Sec. 17.) | ||
Sec. 1117.111. AUTHORITY TO SUE AND BE SUED. The district, | ||
through the board, may sue and be sued. (Acts 59th Leg., R.S., Ch. | ||
317, Sec. 5 (part).) | ||
[Sections 1117.112-1117.150 reserved for expansion] | ||
SUBCHAPTER D. CHANGE IN BOUNDARIES | ||
Sec. 1117.151. ANNEXATION; TERRITORY SUBJECT TO | ||
ANNEXATION. The board may adopt an order to annex territory that is | ||
adjacent to the district if an election is called by the board in | ||
accordance with this subchapter. (Acts 59th Leg., R.S., Ch. 317, | ||
Sec. 14 (part).) | ||
Sec. 1117.152. ELECTION. An election described by Section | ||
1117.151 must be confined to the territory proposed to be annexed to | ||
the district. (Acts 59th Leg., R.S., Ch. 317, Sec. 14 (part).) | ||
Sec. 1117.153. ELECTION RESULT; EFFECT. On approval of the | ||
annexation by a majority of the voters in the territory proposed to | ||
be annexed, the territory: | ||
(1) becomes a part of the district; | ||
(2) is liable for the territory's pro rata share of the | ||
district's indebtedness; and | ||
(3) shall impose taxes on property in the district for | ||
the payment of the district's debt and obligations. (Acts 59th | ||
Leg., R.S., Ch. 317, Sec. 14 (part).) | ||
[Sections 1117.154-1117.200 reserved for expansion] | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 1117.201. BUDGET. The board shall prepare an annual | ||
budget, with the assistance of the district administrator, that | ||
corresponds to the district's fiscal year. (Acts 59th Leg., R.S., | ||
Ch. 317, Secs. 5 (part), 19 (part).) | ||
Sec. 1117.202. NOTICE; HEARING. (a) Before an annual | ||
budget described by Section 1117.201 is adopted, the board shall | ||
call a public hearing on the budget. | ||
(b) Notice of the hearing must be published in a newspaper | ||
of general circulation in the district not later than the 10th day | ||
before the date of the hearing. | ||
(c) After the budget is adopted, the following must be | ||
published one time in a newspaper of general circulation in the | ||
district: | ||
(1) a brief form of the adopted budget by general | ||
heading; | ||
(2) the annual budget for the preceding fiscal year in | ||
a form similar to the form described by Subdivision (1); and | ||
(3) the actual expenditures for the preceding fiscal | ||
year, including fiscal year account balances. (Acts 59th Leg., | ||
R.S., Ch. 317, Sec. 19 (part).) | ||
Sec. 1117.203. FISCAL YEAR. The board may establish a | ||
fiscal year for the district. (Acts 59th Leg., R.S., Ch. 317, Sec. | ||
5 (part).) | ||
Sec. 1117.204. ANNUAL AUDIT. Promptly after the close of | ||
each fiscal year, the board shall have an annual audit made of the | ||
district's books and records by an independent public accountant. | ||
(Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).) | ||
Sec. 1117.205. FINANCIAL REPORT. After the close of each | ||
fiscal year, the district administrator shall prepare for the | ||
board: | ||
(1) a complete sworn statement of all district money; | ||
and | ||
(2) a complete account of all disbursements of that | ||
money. (Acts 59th Leg., R.S., Ch. 317, Sec. 5 (part).) | ||
Sec. 1117.206. INSPECTION OF DISTRICT RECORDS AND REPORTS. | ||
The district's financial books and records, annual audit reports, | ||
district administrator's statement, and annual budget shall be open | ||
to reasonable inspection at the district's principal office. (Acts | ||
59th Leg., R.S., Ch. 317, Sec. 5 (part).) | ||
Sec. 1117.207. DEPOSITORY OR TREASURER. (a) The board | ||
shall designate one or more banks in the district to serve as | ||
depository or treasurer for district money. | ||
(b) District money shall be immediately deposited on | ||
receipt with a depository bank, except that sufficient money must | ||
be remitted to an appropriate bank to pay the principal of and | ||
interest on the district's outstanding bonds on or before the | ||
maturity date of the principal and interest. | ||
(c) To the extent that money in a depository 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) Membership on the district's board of an officer or | ||
director of a bank does not disqualify that bank from being | ||
designated as depository. (Acts 59th Leg., R.S., Ch. 317, Sec. 11.) | ||
[Sections 1117.208-1117.250 reserved for expansion] | ||
SUBCHAPTER F. BONDS | ||
Sec. 1117.251. GENERAL OBLIGATION BONDS. (a) The board may | ||
issue and sell general obligation bonds in the name and on the faith | ||
and credit of the district for any purpose related to the purchase, | ||
construction, acquisition, repair, or renovation of buildings and | ||
improvements, and equipping buildings and improvements for | ||
hospitals and the hospital system, as determined by the board. | ||
(b) The board shall issue the bonds in compliance with the | ||
applicable provisions of Subtitles A and C, Title 9, Government | ||
Code. (Acts 59th Leg., R.S., Ch. 317, Sec. 7 (part).) | ||
Sec. 1117.252. TAX TO PAY GENERAL OBLIGATION BONDS. (a) At | ||
the time general obligation bonds are issued under Section | ||
1117.251, the board shall impose an ad valorem tax at a rate | ||
sufficient to create an interest and sinking fund and to pay the | ||
principal of and interest on the bonds as the bonds mature. | ||
(b) The tax required by this section together with any other | ||
tax imposed for the district may not in any year exceed 75 cents on | ||
each $100 valuation of taxable property in the district. (Acts 59th | ||
Leg., R.S., Ch. 317, Sec. 7 (part).) | ||
Sec. 1117.253. GENERAL OBLIGATION BOND ELECTION. (a) The | ||
district may issue general obligation bonds only if the bonds are | ||
authorized by a majority of the district voters voting at an | ||
election held for that purpose. | ||
(b) The board shall call the election. The election must be | ||
held in accordance with Chapter 1251, Government Code. | ||
(c) The election order must specify: | ||
(1) the date of the election; | ||
(2) the amount of the bonds to be authorized; | ||
(3) the maximum maturity of the bonds; | ||
(4) the maximum interest rate of the bonds; | ||
(5) the location of the polling places; and | ||
(6) the presiding election officers. | ||
(d) Notice of a bond election shall be given by publishing a | ||
substantial copy of the election order in a newspaper of general | ||
circulation in the district once each week for two consecutive | ||
weeks before the date of the election. The first publication must | ||
occur at least 20 days before the date of the election. (Acts 59th | ||
Leg., R.S., Ch. 317, Sec. 7 (part).) | ||
Sec. 1117.254. EXECUTION OF GENERAL OBLIGATION BONDS. The | ||
board president shall execute the general obligation bonds in the | ||
district's name, and the board secretary shall attest the bonds as | ||
provided by Chapter 618, Government Code. (Acts 59th Leg., R.S., | ||
Ch. 317, Sec. 7 (part).) | ||
Sec. 1117.255. REFUNDING BONDS. (a) The district may, | ||
without an election, issue refunding bonds to refund any bond or | ||
other refundable indebtedness issued or assumed by the district. | ||
(b) A refunding bond may be: | ||
(1) sold, with the proceeds of the refunding bond | ||
applied to the payment of the outstanding bonds or other refundable | ||
indebtedness; or | ||
(2) exchanged wholly or partly for not less than a | ||
similar principal amount of the outstanding bonds or other | ||
refundable indebtedness. (Acts 59th Leg., R.S., Ch. 317, Sec. 7 | ||
(part).) | ||
Sec. 1117.256. BONDS EXEMPT FROM TAXATION. The following | ||
are exempt from taxation by this state or a political subdivision of | ||
this state: | ||
(1) bonds issued by the district; | ||
(2) the transfer and issuance of the bonds; and | ||
(3) any profits made in the sale of the bonds. (Acts | ||
59th Leg., R.S., Ch. 317, Sec. 8 (part).) | ||
[Sections 1117.257-1117.300 reserved for expansion] | ||
SUBCHAPTER G. TAXES | ||
Sec. 1117.301. IMPOSITION OF AD VALOREM TAX. (a) The board | ||
shall impose a tax on all taxable property in the district subject | ||
to district taxation. | ||
(b) The board shall impose the tax to: | ||
(1) pay the interest on and create a sinking fund for | ||
bonds issued or assumed by the district for hospital purposes as | ||
provided by this chapter; | ||
(2) provide for the operation and maintenance of the | ||
district and hospital system; and | ||
(3) make improvements and additions to the hospitals | ||
or hospital system and acquire necessary land and sites for the | ||
hospitals or hospital system by purchase, lease, or condemnation. | ||
(Acts 59th Leg., R.S., Ch. 317, Sec. 10 (part).) | ||
Sec. 1117.302. TAX RATE. The board may impose the tax at a | ||
rate not to exceed 75 cents on each $100 valuation of all taxable | ||
property in the district. (Acts 59th Leg., R.S., Ch. 317, Sec. 10 | ||
(part).) | ||
Sec. 1117.303. TAX ASSESSOR-COLLECTOR. The tax | ||
assessor-collector of: | ||
(1) DeWitt County shall assess and collect taxes | ||
imposed by the district on all taxable property in DeWitt County; | ||
(2) Lavaca County shall assess and collect taxes | ||
imposed by the district on all taxable property in Lavaca County; | ||
and | ||
(3) Gonzales County shall assess and collect taxes | ||
imposed by the district on all taxable property in Gonzales County. | ||
(Acts 59th Leg., R.S., Ch. 317, Sec. 10 (part).) | ||
SECTION 1.02. Subtitle E, Title 6, Special District Local | ||
Laws Code, is amended by adding Chapters 7803 and 7805 to read as | ||
follows: | ||
CHAPTER 7803. IRVING FLOOD CONTROL DISTRICT SECTION I | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7803.001. DEFINITIONS | ||
Sec. 7803.002. NATURE OF DISTRICT | ||
Sec. 7803.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 7803.004. DISTRICT TERRITORY | ||
Sec. 7803.005. DISSOLUTION AND ABOLITION OF DISTRICT | ||
[Sections 7803.006-7803.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7803.051. COMPOSITION OF BOARD; TERMS | ||
Sec. 7803.052. ELIGIBILITY FOR OFFICE | ||
Sec. 7803.053. DIRECTOR'S BOND | ||
Sec. 7803.054. BOARD VACANCY | ||
Sec. 7803.055. BOARD PRESIDENT; ABSENCE OF BOARD | ||
PRESIDENT | ||
Sec. 7803.056. SECRETARY'S DUTIES | ||
Sec. 7803.057. TREASURER | ||
Sec. 7803.058. COMPENSATION | ||
Sec. 7803.059. DESIGNATION OF DIRECTOR TO ACT ON | ||
DISTRICT'S BEHALF | ||
Sec. 7803.060. DISTRICT OFFICE | ||
Sec. 7803.061. RECORDS | ||
[Sections 7803.062-7803.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7803.101. LEVEE IMPROVEMENT DISTRICT POWERS | ||
Sec. 7803.102. ANNEXATION OF LAND | ||
Sec. 7803.103. EMINENT DOMAIN | ||
Sec. 7803.104. COST OF RELOCATING OR ALTERING PROPERTY | ||
Sec. 7803.105. CONTRACTS FOR FACILITIES AND | ||
IMPROVEMENTS; ELECTION NOT REQUIRED | ||
Sec. 7803.106. CONTRACTS OVER $25,000 | ||
Sec. 7803.107. CONSTRUCTION CONTRACTS: EXECUTION AND | ||
AVAILABILITY | ||
Sec. 7803.108. CONSTRUCTION CONTRACTS: PAYMENT | ||
Sec. 7803.109. FLOOD HAZARD AREAS | ||
Sec. 7803.110. SETBACK LINES: RESOLUTION, NOTICE, AND | ||
HEARING | ||
Sec. 7803.111. SETBACK LINES: EFFECT ON LANDOWNERS | ||
Sec. 7803.112. LEGISLATIVE INTENT | ||
Sec. 7803.113. NOTICE OF DISTRICT ELECTIONS | ||
[Sections 7803.114-7803.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7803.151. TAX METHOD | ||
Sec. 7803.152. ASSESSMENT AND COLLECTION OF TAXES | ||
Sec. 7803.153. CERTIFICATION OF TAX RATE | ||
Sec. 7803.154. PAYMENT OF TAX OR ASSESSMENT NOT | ||
REQUIRED | ||
Sec. 7803.155. DEPOSITORY | ||
[Sections 7803.156-7803.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 7803.201. AUTHORITY TO ISSUE BONDS | ||
Sec. 7803.202. FORM OF BONDS | ||
Sec. 7803.203. MATURITY | ||
Sec. 7803.204. ELECTION REQUIRED | ||
Sec. 7803.205. USE OF BOND PROCEEDS DURING | ||
CONSTRUCTION | ||
Sec. 7803.206. TAXES FOR BONDS | ||
Sec. 7803.207. PRELIMINARY BONDS | ||
Sec. 7803.208. EXCHANGING BONDS FOR PROPERTY OR WORK | ||
[Sections 7803.209-7803.250 reserved for expansion] | ||
SUBCHAPTER F. DEFINED AREAS | ||
Sec. 7803.251. AUTHORITY TO ANNEX DEFINED AREA | ||
Sec. 7803.252. NOTICE OF AND HEARING ON PETITION TO | ||
ANNEX DEFINED AREA | ||
Sec. 7803.253. ORDER ANNEXING DEFINED AREA | ||
Sec. 7803.254. ELECTION REQUIRED | ||
Sec. 7803.255. NUMBERING OF DEFINED AREAS | ||
Sec. 7803.256. ADMINISTRATION OF DEFINED AREA | ||
Sec. 7803.257. POWERS AND DUTIES OF DEFINED AREA | ||
Sec. 7803.258. TAXATION; GENERAL PROVISIONS | ||
Sec. 7803.259. BONDS; GENERAL PROVISIONS | ||
Sec. 7803.260. PRELIMINARY BONDS | ||
CHAPTER 7803. IRVING FLOOD CONTROL DISTRICT SECTION I | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7803.001. 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 Irving Flood Control District | ||
Section I. (Acts 62nd Leg., R.S., Ch. 135, Sec. 1 (part); New.) | ||
Sec. 7803.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district and a flood control district | ||
created under and essential to accomplish the purposes of Section | ||
59, Article XVI, Texas Constitution. (Acts 62nd Leg., R.S., Ch. | ||
135, Sec. 1 (part).) | ||
Sec. 7803.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (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 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 62nd | ||
Leg., R.S., Ch. 135, Secs. 4, 24 (part).) | ||
Sec. 7803.004. DISTRICT TERRITORY. (a) The district is | ||
composed of all territory in the boundaries described by Section 2, | ||
Chapter 135, Acts of the 62nd Legislature, Regular Session, 1971, | ||
as that territory may have been modified under: | ||
(1) Section 7803.102 of this chapter or its | ||
predecessor statute, former Section 18, Chapter 135, Acts of the | ||
62nd Legislature, Regular Session, 1971; | ||
(2) Subchapter F of this chapter or its predecessor | ||
statute, former Section 26, Chapter 135, Acts of the 62nd | ||
Legislature, Regular Session, 1971, as amended by Section 1, | ||
Chapter 117, Acts of the 65th Legislature, Regular Session, 1977; | ||
(3) former Section 7, Chapter 135, Acts of the 62nd | ||
Legislature, Regular Session, 1971; | ||
(4) Subchapter J, Chapter 49, Water Code; or | ||
(5) other law. | ||
(b) The boundaries and field notes of the district contained | ||
in Section 2, Chapter 135, Acts of the 62nd Legislature, Regular | ||
Session, 1971, form a closure. A mistake in the field notes or in | ||
copying the field notes in the legislative process does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 62nd Leg., R.S., Ch. 135, Secs. 1 (part), 3; | ||
New.) | ||
Sec. 7803.005. DISSOLUTION AND ABOLITION OF DISTRICT. The | ||
City of Irving may dissolve and abolish the district at the | ||
municipality's discretion on written notice of the dissolution and | ||
abolition to the board, in the same manner and on the same terms and | ||
obligations as prescribed by Sections 43.074, 43.075, and 43.081, | ||
Local Government Code. (Acts 62nd Leg., R.S., Ch. 135, Sec. 22.) | ||
[Sections 7803.006-7803.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7803.051. COMPOSITION OF BOARD; TERMS. The board | ||
consists of seven elected directors who serve staggered terms. | ||
(Acts 62nd Leg., R.S., Ch. 135, Sec. 9 (part); New.) | ||
Sec. 7803.052. ELIGIBILITY FOR OFFICE. A director must own | ||
land in the district subject to taxation at the time the director | ||
qualifies for office. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 | ||
(part).) | ||
Sec. 7803.053. DIRECTOR'S BOND. (a) Each director shall | ||
qualify by giving bond in the amount of $5,000 for the faithful | ||
performance of the director's duties. | ||
(b) The bond must be recorded in the official bond records | ||
in the office of the county clerk of Dallas County. (Acts 62nd | ||
Leg., R.S., Ch. 135, Sec. 9 (part).) | ||
Sec. 7803.054. BOARD VACANCY. (a) Except as provided by | ||
Subsection (b), a vacancy on the board shall be filled by | ||
appointment to the unexpired term by the remaining directors. | ||
(b) The City Council of the City of Irving shall appoint | ||
directors to fill all vacancies on the board if the number of | ||
qualified directors is less than four. | ||
(c) If any director ceases to possess the qualifications | ||
prescribed by Section 7803.052, the remaining directors shall | ||
declare the person's office vacant and appoint a successor. (Acts | ||
62nd Leg., R.S., Ch. 135, Sec. 9 (part).) | ||
Sec. 7803.055. BOARD PRESIDENT; ABSENCE OF BOARD PRESIDENT. | ||
(a) The board may authorize the president to sign all orders or take | ||
other action. | ||
(b) Any order adopted or other action taken at a board | ||
meeting at which the president is absent may be signed by the vice | ||
president, or the board may authorize the president to sign the | ||
order or other action. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 | ||
(part).) | ||
Sec. 7803.056. SECRETARY'S DUTIES. The board secretary | ||
shall keep accurate minutes and may certify to any action the board | ||
takes. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 (part).) | ||
Sec. 7803.057. TREASURER. (a) The board may appoint a | ||
district treasurer. | ||
(b) The district treasurer shall give bond in an amount | ||
required by the board, conditioned on the treasurer's faithful | ||
accounting of all money that comes into the treasurer's custody as | ||
district treasurer. (Acts 62nd Leg., R.S., Ch. 135, Sec. 13 | ||
(part).) | ||
Sec. 7803.058. COMPENSATION. Unless the board by | ||
resolution increases the fee to an amount authorized by Section | ||
49.060, Water Code, each director shall receive a per diem payment | ||
of $25 for each day spent performing district work. (Acts 62nd Leg., | ||
R.S., Ch. 135, Sec. 9 (part); New.) | ||
Sec. 7803.059. DESIGNATION OF DIRECTOR TO ACT ON DISTRICT'S | ||
BEHALF. The board may designate one or more directors who, on | ||
behalf of the district, may execute all contracts, including a | ||
construction contract, sign checks, or handle any other matter | ||
entered into by the board as shown in the district's official | ||
minutes. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 (part).) | ||
Sec. 7803.060. DISTRICT OFFICE. (a) The board shall | ||
designate, establish, and maintain a district office inside the | ||
district. | ||
(b) The board may establish a second district office outside | ||
the district. If the board establishes a second district office, | ||
the board shall give notice of the location of that office by | ||
publishing notice of the location of the office in a newspaper of | ||
general circulation in Dallas County. | ||
(c) A district office that is a private residence or office | ||
is a public place for matters relating to the district's business. | ||
(d) The board shall provide notice of any change in the | ||
location of the district office outside the district in the manner | ||
required by Subsection (b). (Acts 62nd Leg., R.S., Ch. 135, Sec. | ||
14.) | ||
Sec. 7803.061. RECORDS. The board shall keep and maintain | ||
complete and accurate accounts and records, which shall be kept at | ||
the district's principal office and be open to public inspection at | ||
reasonable times. (Acts 62nd Leg., R.S., Ch. 135, Sec. 9 (part).) | ||
[Sections 7803.062-7803.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7803.101. LEVEE IMPROVEMENT DISTRICT POWERS. (a) The | ||
district has the rights, powers, privileges, and functions | ||
applicable to a levee improvement district created under the | ||
authority of Section 59, Article XVI, Texas Constitution, including | ||
those conferred by Chapters 49 and 57, Water Code. | ||
(b) The district has the power to construct and maintain | ||
levees and other improvements on, along, and contiguous to rivers, | ||
creeks, streams, and drainage courses for the purposes of: | ||
(1) reclaiming land from overflow from the water; | ||
(2) controlling and distributing the water of rivers | ||
and streams by straightening and otherwise improving the rivers and | ||
streams; | ||
(3) draining the land properly and otherwise improving | ||
the land; and | ||
(4) preventing the pollution of the water. | ||
(c) In the accomplishment of the district's purposes, the | ||
district may issue bonds, enter into contracts, or incur debt in the | ||
manner prescribed by this chapter. (Acts 62nd Leg., R.S., Ch. 135, | ||
Sec. 5 (part); New.) | ||
Sec. 7803.102. ANNEXATION OF LAND. (a) The district may | ||
annex land in the manner provided by Subchapter J, Chapter 49, or | ||
Subchapter O, Chapter 51, Water Code, to the extent applicable. | ||
(b) If land is annexed by the district under Section 49.301 | ||
or 51.714, Water Code, the board may require the petitioners to: | ||
(1) allow the land to be added to assume its pro rata | ||
share of taxes necessary to support the voted but unissued bonds of | ||
the district; and | ||
(2) authorize the board to impose a tax on the | ||
petitioners' property to pay for the bonds after the bonds have been | ||
issued. | ||
(c) If land is annexed by the district under Section 49.302, | ||
Water Code, the board may submit to the voters of the area to be | ||
annexed a proposition on the question of the assumption by the area | ||
to be annexed of its pro rata share of the voted but not yet issued | ||
or sold bonds of the district and the imposition of an ad valorem | ||
tax on taxable property in the area to be annexed along with a tax in | ||
the rest of the district for the payment of the bonds. | ||
(d) If the petitioners consent or if the election results | ||
favorably, the district may issue its voted but unissued bonds | ||
regardless of changes to district boundaries since the original | ||
voting or authorization of the bonds. (Acts 62nd Leg., R.S., Ch. | ||
135, Sec. 18.) | ||
Sec. 7803.103. EMINENT DOMAIN. (a) The district may | ||
exercise the power of eminent domain in Dallas County to acquire the | ||
fee simple title to or an easement or right-of-way to, over, or | ||
through any private or public land, water, or land under water that | ||
is in the district, borders the district, is adjacent or opposite to | ||
the district, or is outside of the district if the property has a | ||
direct effect on the accomplishment of the purposes for which the | ||
district is created and is necessary for making, constructing, and | ||
maintaining all levees and other improvements for the improvement | ||
of rivers, creeks, streams, or drainage courses in the district or | ||
bordering the district to prevent the overflow of water. | ||
(b) The district may not exercise the power of eminent | ||
domain under Subsection (a) to acquire land or other property that | ||
is used for cemetery purposes. | ||
(c) The district shall pay adequate compensation to the | ||
owner of property that is taken, damaged, or destroyed for the | ||
purposes described by Subsection (a). | ||
(d) A condemnation proceeding must be brought in the name of | ||
the district. (Acts 62nd Leg., R.S., Ch. 135, Sec. 6 (part).) | ||
Sec. 7803.104. COST OF RELOCATING OR ALTERING PROPERTY. | ||
(a) In this section, "sole expense" means the actual cost of: | ||
(1) relocating, raising, rerouting, changing the | ||
grade of, or altering the construction of a facility described by | ||
Subsection (b); and | ||
(2) providing comparable replacement without | ||
enhancement of the facility, after deducting from that cost the net | ||
salvage value of the old facility. | ||
(b) If the district's exercise of its power of eminent | ||
domain, power of relocation, or any other power makes necessary the | ||
relocation, raising, rerouting, changing the grade, or alteration | ||
of the construction of a highway, a railroad, an electric | ||
transmission line, a telephone or telegraph property or facility, | ||
or a pipeline, the necessary action shall be accomplished at the | ||
sole expense of the district unless the owner of the relocated or | ||
altered facility has a legal obligation to pay those expenses, in | ||
which event the necessary action shall be accomplished at the | ||
expense of the owner. (Acts 62nd Leg., R.S., Ch. 135, Sec. 6 | ||
(part).) | ||
Sec. 7803.105. CONTRACTS FOR FACILITIES AND IMPROVEMENTS; | ||
ELECTION NOT REQUIRED. (a) The district may enter into a contract | ||
with the United States, the City of Irving, another public body, or | ||
an individual, corporation, or other entity for the maintenance or | ||
construction of any facility or improvement authorized by this | ||
chapter. | ||
(b) The district may enter into a contract under Subsection | ||
(a) without: | ||
(1) voting for the issuance of bonds; or | ||
(2) holding an election to approve the contract. | ||
(Acts 62nd Leg., R.S., Ch. 135, Sec. 12.) | ||
Sec. 7803.106. CONTRACTS OVER $25,000. (a) A contract | ||
involving an expenditure of more than $25,000 for the construction | ||
of a district facility or improvement or for the purchase of | ||
machinery, materials, or supplies for the district must be entered | ||
into by the board in accordance with this section. | ||
(b) Not later than the 14th day before the date sealed bids | ||
are opened, the letting of a contract described by Subsection (a) | ||
must be advertised by publishing notice one time in one or more | ||
newspapers having general circulation in this state. The notice | ||
must include the general conditions of the contract and the date, | ||
time, and place of the opening of the sealed bids. | ||
(c) A person who desires to bid on the construction of any | ||
works advertised in the notice under Subsection (b) and submits a | ||
written application to the board or the district's engineer shall | ||
be provided with a copy of the plans and specifications showing the | ||
work to be done. A fee may be charged to cover the cost of making | ||
the copy. | ||
(d) A bid must be in writing, sealed, and delivered to the | ||
board and be accompanied by a certified or cashier's check or | ||
bidder's bond for at least five percent of the total amount of the | ||
bid. | ||
(e) A successful bidder who fails or refuses to enter into a | ||
proper contract or to furnish proper performance and payment bonds | ||
for the contract forfeits to the district the amount of the check | ||
delivered under Subsection (d). | ||
(f) All bids must be opened at the same time. | ||
(g) The board may reject any or all bids. (Acts 62nd Leg., | ||
R.S., Ch. 135, Sec. 15 (part).) | ||
Sec. 7803.107. CONSTRUCTION CONTRACTS: EXECUTION AND | ||
AVAILABILITY. (a) A construction contract must be in writing and | ||
signed by the contractor and: | ||
(1) the president and secretary of the board; or | ||
(2) a majority of the directors. | ||
(b) A copy of each construction contract shall be kept in | ||
the district's records and be subject to public inspection. | ||
(c) A construction contract must contain or have attached to | ||
it the specifications for all work included in the contract. (Acts | ||
62nd Leg., R.S., Ch. 135, Sec. 15 (part).) | ||
Sec. 7803.108. CONSTRUCTION CONTRACTS: PAYMENT. (a) A | ||
construction contract may be paid for in partial payments as the | ||
work progresses, based on estimates approved by the district's | ||
engineer. | ||
(b) The payments may not exceed 90 percent of the amount due | ||
at the time of the payments as shown by the approved estimates, | ||
except that the final approved estimate, including all prior | ||
retainage, must be paid in full. (Acts 62nd Leg., R.S., Ch. 135, | ||
Sec. 15 (part).) | ||
Sec. 7803.109. FLOOD HAZARD AREAS. (a) The board by | ||
resolution shall designate flood hazard areas in the district if | ||
the board finds that the public health, safety, and general | ||
welfare, and the purposes of Section 59, Article XVI, Texas | ||
Constitution, will be promoted by the designation. | ||
(b) The resolution must contain field notes, a map, or both | ||
field notes and a map that describe the area to be included in a | ||
flood hazard area. | ||
(c) Before passing a resolution designating a flood hazard | ||
area, the board shall hold at least one public hearing related to | ||
the designation. The board must publish notice of the time and place | ||
of the hearing in English in a newspaper having general circulation | ||
in Dallas County at least 15 days before the date of the hearing. A | ||
hearing may be continued from time to time until the board | ||
determines that all interested persons have had an opportunity to | ||
be heard. | ||
(d) The board by resolution may, following notice and a | ||
hearing as required by Subsection (c), amend the designated flood | ||
hazard areas as the board determines necessary. (Acts 62nd Leg., | ||
R.S., Ch. 135, Secs. 20, 21.) | ||
Sec. 7803.110. SETBACK LINES: RESOLUTION, NOTICE, AND | ||
HEARING. (a) The board may establish and maintain building setback | ||
lines along any waterway in the district for the purpose of | ||
promoting the public health, safety, and general welfare and | ||
accomplishing the purposes of Section 59, Article XVI, Texas | ||
Constitution. | ||
(b) Building setback lines may be established only after | ||
notice and hearing. The notice must be published in a newspaper of | ||
general circulation in Dallas County not earlier than the 60th day | ||
or later than the 15th day before the date of the hearing. Each | ||
affected landowner must be given actual notice by certified mail of | ||
the hearing. | ||
(c) The board by resolution shall adopt building setback | ||
lines if, after the hearing is completed, the board finds that the | ||
establishment of building setback lines is for the public health, | ||
safety, and general welfare of the people in the district and for | ||
the accomplishment of the purposes of Section 59, Article XVI, | ||
Texas Constitution. The resolution must contain a description of | ||
the area included in the building setback lines by field notes, a | ||
map or plat, or both. A certified copy of the resolution shall be | ||
filed for record immediately with the county clerk of Dallas | ||
County. On the filing of the resolution, all persons are charged | ||
with notice of the requirements of the resolution. | ||
(d) The board may, on public hearing after notice as | ||
provided by Subsection (b), amend, supplement, or grant an | ||
exception to building setback lines as determined necessary. (Acts | ||
62nd Leg., R.S., Ch. 135, Sec. 19 (part).) | ||
Sec. 7803.111. SETBACK LINES: EFFECT ON LANDOWNERS. (a) | ||
Except as otherwise provided by this section, after the | ||
establishment of building setback lines under Section 7803.110, a | ||
structure may not be erected within the setback lines. | ||
(b) A person intending to erect a structure within building | ||
setback lines must give written notice of the intention by | ||
certified mail not later than the 90th day before the date the | ||
person begins erecting the structure. | ||
(c) Provided that the landowner was given actual notice by | ||
certified mail of the hearing to establish the setback lines, a | ||
person's failure to give notice under Subsection (b) constitutes a | ||
prima facie showing in any subsequent eminent domain proceeding | ||
instituted by the district to acquire the area within the setback | ||
lines that the person erecting the structure did so at the person's | ||
own risk with knowledge of: | ||
(1) the fact that erecting the structure interfered | ||
with the district's setback provisions; and | ||
(2) the district's right to remove the structure | ||
erected after the establishment of the setback lines without | ||
recovery of the value of the structure. | ||
(d) If the district does not institute an eminent domain | ||
proceeding to acquire an area within building setback lines within | ||
90 days after the date notice is mailed under Subsection (b), the | ||
setback lines may not affect damages in the eminent domain | ||
proceeding and the damages must be determined and paid as if the | ||
setback lines had not been established. | ||
(e) An owner who believes that a structure the owner is | ||
about to erect may be within the required setback area by certified | ||
letter may petition the district to survey and mark the building | ||
setback lines on the ground. If the district fails within 90 days | ||
to make the requested survey and mark the location of the setback | ||
lines on the ground or to show the location of the setback lines in | ||
another reasonable manner, the owner may erect the structure in the | ||
same manner and with the same results as if setback lines had not | ||
been established. (Acts 62nd Leg., R.S., Ch. 135, Sec. 19 (part).) | ||
Sec. 7803.112. LEGISLATIVE INTENT. Sections 7803.110 and | ||
7803.111 are intended to give the board the right to protect from | ||
encroachment those areas that need to be protected from | ||
encroachment for such immediate and future drainage and flood | ||
control right-of-way requirements in the district as it may be | ||
necessary, or in the public interest to protect or promote the | ||
public health, safety, and general welfare. (Acts 62nd Leg., R.S., | ||
Ch. 135, Sec. 19 (part).) | ||
Sec. 7803.113. NOTICE OF DISTRICT ELECTIONS. Notice of a | ||
district election must be published once in a newspaper with | ||
general circulation in Dallas County and in the district at least 20 | ||
days before the date of the election. (Acts 62nd Leg., R.S., Ch. | ||
135, Sec. 10 (part).) | ||
[Sections 7803.114-7803.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7803.151. TAX METHOD. (a) The district shall use the | ||
ad valorem plan of taxation, including for any separately defined | ||
area annexed under Subchapter F. | ||
(b) The board is not required to call or hold a hearing on | ||
the adoption of a plan of taxation. (Acts 62nd Leg., R.S., Ch. 135, | ||
Secs. 8, 26(e) (part).) | ||
Sec. 7803.152. ASSESSMENT AND COLLECTION OF TAXES. (a) The | ||
tax assessor and collector for the City of Irving shall assess and | ||
collect taxes for the district. | ||
(b) The tax assessor and collector shall make the records | ||
maintained by the tax assessor and collector available to the | ||
district on request by the secretary of the district. (Acts 62nd | ||
Leg., R.S., Ch. 135, Sec. 16 (part).) | ||
Sec. 7803.153. CERTIFICATION OF TAX RATE. Each year, the | ||
board shall certify to the tax assessor and collector for the City | ||
of Irving the rate or rates of tax that the board has imposed for | ||
bond and maintenance purposes. (Acts 62nd Leg., R.S., Ch. 135, Sec. | ||
16 (part).) | ||
Sec. 7803.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. | ||
The district is not required to pay a tax or assessment on: | ||
(1) district property; or | ||
(2) a purchase made by the district. (Acts 62nd Leg., | ||
R.S., Ch. 135, Sec. 24 (part).) | ||
Sec. 7803.155. DEPOSITORY. (a) The board shall designate | ||
one or more banks inside or outside the district to serve as the | ||
depository for the district's money. | ||
(b) All district money shall be deposited in the depository | ||
bank or banks, except that sufficient money must be remitted to and | ||
received by the bank or banks of payment to pay the principal of and | ||
interest on any outstanding district bonds on or before the | ||
maturity date of the principal and interest. | ||
(c) To the extent that money in a depository 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. (Acts 62nd Leg., R.S., Ch. 135, Sec. 13 (part).) | ||
[Sections 7803.156-7803.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 7803.201. AUTHORITY TO ISSUE BONDS. The board may | ||
issue district tax bonds to acquire money to carry out any district | ||
power or accomplish any district purpose under this chapter. The | ||
bonds may be authorized by a board order. (Acts 62nd Leg., R.S., | ||
Ch. 135, Sec. 10 (part).) | ||
Sec. 7803.202. FORM OF BONDS. District bonds and their | ||
related interest coupons shall be signed and executed as provided | ||
by the board in the order authorizing the issuance of the bonds. | ||
(Acts 62nd Leg., R.S., Ch. 135, Sec. 10 (part).) | ||
Sec. 7803.203. MATURITY. District bonds must mature not | ||
later than 40 years after their date of issuance. (Acts 62nd Leg., | ||
R.S., Ch. 135, Sec. 10 (part).) | ||
Sec. 7803.204. ELECTION REQUIRED. (a) The district may not | ||
issue bonds, other than refunding bonds, unless the bonds are | ||
authorized by a majority vote of the district voters voting in an | ||
election held to determine whether the bonds should be issued and | ||
whether a tax should be imposed to pay the principal of and interest | ||
on the bonds. | ||
(b) The board may order and provide notice of an election | ||
under this section. | ||
(c) In addition to the requirements of the Election Code, | ||
the ballots shall have printed on them "For the issuance of bonds | ||
and the levy of taxes in payment thereof" and the contrary of that | ||
proposition. (Acts 62nd Leg., R.S., Ch. 135, Sec. 10 (part).) | ||
Sec. 7803.205. USE OF BOND PROCEEDS DURING CONSTRUCTION. | ||
(a) The board may set aside part of the bond proceeds to: | ||
(1) pay interest on the bonds during the period of | ||
construction of improvements or facilities; and | ||
(2) create reserves for the payment of the principal | ||
of and interest on the bonds. | ||
(b) For purposes of Subsection (a), the period of | ||
construction may not exceed two years. (Acts 62nd Leg., R.S., Ch. | ||
135, Sec. 10 (part).) | ||
Sec. 7803.206. TAXES FOR BONDS. The board may impose | ||
continuing direct annual ad valorem taxes on all taxable property | ||
in the district sufficient to: | ||
(1) provide for the payment of interest on bonds | ||
issued under this subchapter as the interest accrues; and | ||
(2) create and provide a sinking fund for the payment | ||
of principal of the bonds as the principal matures. (Acts 62nd | ||
Leg., R.S., Ch. 135, Sec. 10 (part).) | ||
Sec. 7803.207. PRELIMINARY BONDS. (a) The district may | ||
issue preliminary bonds, which need not be designated as such, to | ||
provide a fund to pay: | ||
(1) the cost of making surveys and investigations, | ||
attorneys' fees, and engineers' work; | ||
(2) the cost of issuing bonds; and | ||
(3) all other costs and expenses incident to the | ||
district's operation in investigating and determining plans for the | ||
district's plant and improvements. | ||
(b) Preliminary bonds shall be voted and authorized in the | ||
manner and under the same provisions applicable to the district's | ||
construction bonds and shall be of equal dignity with those | ||
construction bonds. (Acts 62nd Leg., R.S., Ch. 135, Sec. 10 | ||
(part).) | ||
Sec. 7803.208. EXCHANGING BONDS FOR PROPERTY OR WORK. The | ||
district may exchange bonds: | ||
(1) for property acquired by purchase; or | ||
(2) in payment of the contract price of work performed | ||
for the use and benefit of the district. (Acts 62nd Leg., R.S., Ch. | ||
135, Sec. 10 (part).) | ||
[Sections 7803.209-7803.250 reserved for expansion] | ||
SUBCHAPTER F. DEFINED AREAS | ||
Sec. 7803.251. AUTHORITY TO ANNEX DEFINED AREA. (a) In | ||
addition to annexing land under Section 7803.102, the board may | ||
annex land to the district as a separately defined area on the | ||
petition of the owner or owners of a majority of the land contained | ||
in an area defined by metes and bounds outside the district. | ||
(b) The petition must be filed with the board. (Acts 62nd | ||
Leg., R.S., Ch. 135, Sec. 26(a) (part).) | ||
Sec. 7803.252. NOTICE OF AND HEARING ON PETITION TO ANNEX | ||
DEFINED AREA. (a) On receipt of a petition under Section 7803.251, | ||
the board by order shall set a time and place for a hearing on the | ||
petition to be held not less than 30 days after the date of the | ||
order. | ||
(b) Notice of the time and place of the hearing on the | ||
petition must be posted in the district and in the separately | ||
defined area proposed to be annexed for at least 15 days before the | ||
date of the hearing. Notice must also be published one time in a | ||
newspaper with general circulation in the county at least 15 days | ||
before the date of the hearing. | ||
(c) The notice described by Subsection (b) must contain a | ||
description of the separately defined area proposed to be annexed. | ||
(Acts 62nd Leg., R.S., Ch. 135, Sec. 26(a) (part).) | ||
Sec. 7803.253. ORDER ANNEXING DEFINED AREA. (a) The board | ||
by order may designate an area as a separately defined area and | ||
annex the area to the district if, on hearing a petition under | ||
Section 7803.252, the board finds that: | ||
(1) there is a need for improvements for the | ||
conservation and reclamation of the defined area; | ||
(2) the area will benefit from the improvements; and | ||
(3) the improvements will serve a public use and | ||
benefit. | ||
(b) The board does not have to include all of the area | ||
described in the petition if the board finds that a modification of | ||
the area is necessary or desirable. | ||
(c) The order must be entered in the board's minutes and | ||
filed for record in the same manner required for other district | ||
annexations of land. (Acts 62nd Leg., R.S., Ch. 135, Sec. 26(b).) | ||
Sec. 7803.254. ELECTION REQUIRED. (a) Annexation of a | ||
separately defined area is not final until ratified by a majority | ||
vote of the voters in the defined area voting at an election held in | ||
the area. | ||
(b) Section 7803.113 governs notice of an election under | ||
this section. | ||
(c) A separately defined area is a separate election | ||
precinct for an election under this section and all other elections | ||
for the defined area. (Acts 62nd Leg., R.S., Ch. 135, Sec. 26(c).) | ||
Sec. 7803.255. NUMBERING OF DEFINED AREAS. All annexed | ||
separately defined areas shall be numbered in consecutive order. | ||
The first separately defined area shall be designated as "Irving | ||
Flood Control District of Dallas County, Texas - Section II." (Acts | ||
62nd Leg., R.S., Ch. 135, Sec. 26(d).) | ||
Sec. 7803.256. ADMINISTRATION OF DEFINED AREA. (a) The | ||
board shall administer all business incident to any separately | ||
defined area annexed under this subchapter. | ||
(b) Each annexed separately defined area shall pay its pro | ||
rata share of the administrative costs of the district, based on the | ||
assessed valuation of the defined area in relation to the assessed | ||
valuation of the district and any other defined areas annexed to the | ||
district. (Acts 62nd Leg., R.S., Ch. 135, Sec. 26(g) (part).) | ||
Sec. 7803.257. POWERS AND DUTIES OF DEFINED AREA. Except as | ||
otherwise provided by this subchapter, or where in conflict with | ||
this subchapter, an annexed separately defined area has the rights, | ||
duties, restrictions, and provisions of this chapter. (Acts 62nd | ||
Leg., R.S., Ch. 135, Sec. 26(g) (part).) | ||
Sec. 7803.258. TAXATION; GENERAL PROVISIONS. (a) An | ||
annexed separately defined area is a separate tax area for the | ||
payment of all indebtedness incurred for improvements constructed | ||
on authorization of the defined area and for the maintenance of | ||
those improvements. | ||
(b) A separately defined area is liable only for | ||
indebtedness incurred or taxes imposed for improvements and the | ||
maintenance of those improvements authorized by the defined area. | ||
No other part of the district, including another separately defined | ||
area, is liable for the payment of the indebtedness or taxes | ||
described by this subsection. | ||
(c) Taxes in a separately defined area shall be imposed in | ||
the manner provided by Sections 7803.152 and 7803.153. | ||
(d) The provisions authorizing a maintenance tax contained | ||
in Section 49.107, Water Code, apply to a separately defined area. | ||
(Acts 62nd Leg., R.S., Ch. 135, Secs. 26(e) (part), (f) (part).) | ||
Sec. 7803.259. BONDS; GENERAL PROVISIONS. (a) After a | ||
separately defined area is annexed, the board may issue tax bonds | ||
clearly entitled by the designation of the defined area to acquire | ||
money to carry out any district power or accomplish any district | ||
purpose under this chapter for improvements to or for the defined | ||
area. | ||
(b) The board may impose continuing direct annual ad valorem | ||
taxes on all taxable property located solely in the separately | ||
defined area sufficient to: | ||
(1) provide for the payment of interest on bonds | ||
issued under this section as the interest accrues; and | ||
(2) create and provide a sinking fund for the payment | ||
of principal of the bonds as the bonds mature. | ||
(c) The issuance of bonds under this section may be | ||
authorized by a board order. | ||
(d) The district may not issue bonds, other than refunding | ||
bonds, unless the bonds are authorized by a majority vote of the | ||
voters residing in the separately defined area voting in an | ||
election held to determine whether the bonds should be issued and | ||
whether a tax should be imposed on property in the defined area to | ||
pay the principal of and interest on the bonds. The election must | ||
be held in the manner provided by Sections 7803.113 and 7803.204. | ||
(e) The initial bond election for a separately defined area | ||
may be held on the same day as the election to ratify annexation of | ||
the defined area and as part of the order calling the ratification | ||
election. | ||
(f) Subchapter E applies to any bonds issued to provide | ||
improvements to or for any separately defined area in a manner | ||
consistent with this section. (Acts 62nd Leg., R.S., Ch. 135, Sec. | ||
26(f) (part).) | ||
Sec. 7803.260. PRELIMINARY BONDS. Preliminary bonds for a | ||
separately defined area may be issued for the same purposes, under | ||
the same requirements, and of like effect as under Subchapter E. | ||
(Acts 62nd Leg., R.S., Ch. 135, Sec. 26(f) (part).) | ||
CHAPTER 7805. IRVING FLOOD CONTROL DISTRICT SECTION III | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7805.001. DEFINITIONS | ||
Sec. 7805.002. NATURE OF DISTRICT | ||
Sec. 7805.003. DISTRICT TERRITORY | ||
[Sections 7805.004-7805.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7805.051. COMPOSITION OF BOARD; TERM | ||
Sec. 7805.052. QUALIFICATIONS FOR OFFICE | ||
Sec. 7805.053. DIRECTOR'S BOND | ||
[Sections 7805.054-7805.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7805.101. GENERAL DISTRICT POWERS | ||
Sec. 7805.102. CONFLICTS OF LAW | ||
Sec. 7805.103. PROHIBITION OF POLICE AND FIREFIGHTING | ||
FUNCTIONS | ||
[Sections 7805.104-7805.150 reserved for expansion] | ||
SUBCHAPTER D. BONDS AND TAXES | ||
Sec. 7805.151. AUTHORITY TO ISSUE BONDS; TAXES FOR | ||
BONDS | ||
Sec. 7805.152. ASSUMPTION OF INDEBTEDNESS, CONTRACTS | ||
Sec. 7805.153. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES | ||
Sec. 7805.154. REFUNDING BOND ELECTION | ||
Sec. 7805.155. BOND ANTICIPATION NOTES | ||
CHAPTER 7805. IRVING FLOOD CONTROL DISTRICT SECTION III | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7805.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Irving Flood Control District | ||
Section III of Dallas County. (Acts 68th Leg., R.S., Ch. 1073, Sec. | ||
2 (part); New.) | ||
Sec. 7805.002. NATURE OF DISTRICT. (a) The district is | ||
established under Section 59, Article XVI, Texas Constitution, and | ||
Chapter 7803. | ||
(b) The district is a separate and independent conservation | ||
and reclamation district and a political subdivision of this state. | ||
(c) The district is a separately defined area of Irving | ||
Flood Control District Section I. (Acts 68th Leg., R.S., Ch. 1073, | ||
Sec. 1(a).) | ||
Sec. 7805.003. DISTRICT TERRITORY. The district is | ||
composed of the territory located within the redefined boundaries | ||
of the district filed in the deed records of Dallas County, Texas, | ||
on October 1, 1983, as that territory may have been modified under: | ||
(1) Subchapter J, Chapter 49, Water Code; or | ||
(2) other law. (Acts 68th Leg., R.S., Ch. 1073, Sec. 2 | ||
(part); New.) | ||
[Sections 7805.004-7805.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7805.051. COMPOSITION OF BOARD; TERM. (a) The board is | ||
composed of five directors appointed by the city council of the City | ||
of Irving, Texas. | ||
(b) Directors serve staggered two-year terms, with the | ||
terms of two directors expiring on the second Tuesday in January of | ||
each even-numbered year and the terms of three directors expiring | ||
on the second Tuesday in January of each odd-numbered year. (Acts | ||
68th Leg., R.S., Ch. 1073, Secs. 3(a), (b) (part), (c).) | ||
Sec. 7805.052. QUALIFICATIONS FOR OFFICE. A director must | ||
own land in the district or be a resident of the district. (Acts | ||
68th Leg., R.S., Ch. 1073, Sec. 3(b) (part).) | ||
Sec. 7805.053. DIRECTOR'S BOND. As soon as possible after | ||
appointment, each director shall qualify for office and execute a | ||
sufficient bond in the amount of $5,000 that is: | ||
(1) payable to the district; and | ||
(2) conditioned on the faithful performance of the | ||
director's duties. (Acts 68th Leg., R.S., Ch. 1073, Sec. 3(d).) | ||
[Sections 7805.054-7805.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7805.101. GENERAL DISTRICT POWERS. The district has | ||
the rights, powers, purposes, and functions provided by Chapter | ||
7803 of this code and Chapter 49, Water Code. (Acts 68th Leg., | ||
R.S., Ch. 1073, Sec. 1(b) (part); New.) | ||
Sec. 7805.102. CONFLICTS OF LAW. (a) If a provision of | ||
Chapter 7803 is in conflict or inconsistent with this chapter, this | ||
chapter controls. | ||
(b) The provisions of Chapter 7803 not in conflict or | ||
inconsistent with this chapter continue in effect. (Acts 68th Leg., | ||
R.S., Ch. 1073, Secs. 1(b) (part), (c).) | ||
Sec. 7805.103. PROHIBITION OF POLICE AND FIREFIGHTING | ||
FUNCTIONS. The district may not: | ||
(1) engage in any police or firefighting functions; or | ||
(2) spend any district money or issue bonds for any | ||
police or firefighting function. (Acts 68th Leg., R.S., Ch. 1073, | ||
Sec. 8.) | ||
[Sections 7805.104-7805.150 reserved for expansion] | ||
SUBCHAPTER D. BONDS AND TAXES | ||
Sec. 7805.151. AUTHORITY TO ISSUE BONDS; TAXES FOR BONDS. | ||
(a) The district may issue and sell all unissued bonds that have | ||
been authorized at an election held in the district. | ||
(b) The district may impose an ad valorem tax on all taxable | ||
property in the district to pay the principal of and interest on the | ||
bonds. (Acts 68th Leg., R.S., Ch. 1073, Sec. 4(a).) | ||
Sec. 7805.152. ASSUMPTION OF INDEBTEDNESS, CONTRACTS. The | ||
district shall assume and be responsible for all outstanding | ||
indebtedness and existing contracts. (Acts 68th Leg., R.S., Ch. | ||
1073, Sec. 4(b) (part).) | ||
Sec. 7805.153. PREVIOUSLY AUTHORIZED MAINTENANCE TAXES. | ||
The district may impose a maintenance tax that has been previously | ||
authorized at an election held in the district. (Acts 68th Leg., | ||
R.S., Ch. 1073, Sec. 4(b) (part).) | ||
Sec. 7805.154. REFUNDING BOND ELECTION. (a) The district | ||
may refund any outstanding bonds with the approval of district | ||
voters voting at an election held by the district. | ||
(b) The election shall be held as provided by Chapter 7803. | ||
The ballot shall: | ||
(1) be printed to provide for voting for or against the | ||
proposition: "For the issuance of refunding bonds and the levy of | ||
taxes in payment of those bonds."; and | ||
(2) state the maximum interest rate and maturity | ||
applicable to the refunding bonds. | ||
(c) The rate and maturity may exceed the maximum rate and | ||
maturity applicable to any outstanding bonds being refunded. (Acts | ||
68th Leg., R.S., Ch. 1073, Sec. 6.) | ||
Sec. 7805.155. BOND ANTICIPATION NOTES. (a) In addition to | ||
all other methods of acquiring funds for district purposes, the | ||
district may issue bond anticipation notes for any purpose for | ||
which district bonds have been voted or may be issued to refund | ||
outstanding bond anticipation notes and the interest on the notes | ||
being refunded. | ||
(b) The notes may bear interest at any rate not to exceed the | ||
maximum interest rate applicable to the district's authorized | ||
bonds. | ||
(c) The notes shall mature within one year of the date on | ||
which they are issued. | ||
(d) The maximum amount of the notes outstanding at any one | ||
time may not exceed $500,000 without the prior consent of the City | ||
of Irving, Texas. | ||
(e) The district shall pay the notes only from the proceeds | ||
of the sale of bonds by the district. (Acts 68th Leg., R.S., Ch. | ||
1073, Sec. 7.) | ||
SECTION 1.03. Subtitle F, Title 6, Special District Local | ||
Laws Code, is amended by adding Chapters 8308, 8312, 8381, 8387, | ||
8388, 8389, 8391, 8393, 8394, 8395, 8396, 8397, 8398, 8399, 8400, | ||
8401, 8402, 8403, 8404, 8405, 8406, 8407, and 8410 to read as | ||
follows: | ||
CHAPTER 8308. EAST MONTGOMERY COUNTY MUNICIPAL | ||
UTILITY DISTRICT NO. 4 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8308.001. DEFINITIONS | ||
Sec. 8308.002. NATURE OF DISTRICT | ||
Sec. 8308.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8308.004. DISTRICT TERRITORY | ||
[Sections 8308.005-8308.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8308.051. COMPOSITION OF BOARD | ||
[Sections 8308.052-8308.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8308.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
Sec. 8308.102. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCES OR RESOLUTIONS | ||
Sec. 8308.103. UTILITY PROPERTY EXEMPT FROM IMPACT | ||
FEES AND ASSESSMENTS | ||
CHAPTER 8308. EAST MONTGOMERY COUNTY MUNICIPAL | ||
UTILITY DISTRICT NO. 4 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8308.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "District" means the East Montgomery County | ||
Municipal Utility District No. 4. (Acts 78th Leg., R.S., Ch. 882, | ||
Sec. 1.) | ||
Sec. 8308.002. NATURE OF DISTRICT. (a) The district is a | ||
municipal utility district in Montgomery County created under | ||
Section 59, Article XVI, Texas Constitution. | ||
(b) The district is a political subdivision of this state. | ||
(Acts 78th Leg., R.S., Ch. 882, Secs. 2(a) (part), (b), 3(b) | ||
(part).) | ||
Sec. 8308.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (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 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 | ||
78th Leg., R.S., Ch. 882, Secs. 3(a), (b) (part), (c).) | ||
Sec. 8308.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 882, Acts | ||
of the 78th Legislature, Regular Session, 2003, 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 impose a tax; or | ||
(3) the legality or operation of the district or the | ||
board. (Acts 78th Leg., R.S., Ch. 882, Sec. 5; New.) | ||
[Sections 8308.005-8308.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8308.051. COMPOSITION OF BOARD. The district is | ||
governed by a board of five directors. (Acts 78th Leg., R.S., Ch. | ||
882, Sec. 7(a).) | ||
[Sections 8308.052-8308.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8308.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, functions, and duties | ||
provided by general law applicable to a municipal utility district | ||
created under Section 59, Article XVI, Texas Constitution, | ||
including Chapters 49 and 54, Water Code. (Acts 78th Leg., R.S., | ||
Ch. 882, Sec. 11.) | ||
Sec. 8308.102. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section | ||
54.016, Water Code, the district shall comply with all applicable | ||
requirements of any ordinance or resolution adopted by a | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the district is located, including an ordinance or | ||
resolution adopted before September 1, 2003, that consents to the | ||
creation of the district or to the inclusion of lands in the | ||
district. (Acts 78th Leg., R.S., Ch. 882, Sec. 13.) | ||
Sec. 8308.103. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND | ||
ASSESSMENTS. The district may not impose an impact fee or | ||
assessment on the property, including the equipment, | ||
rights-of-way, facilities, or improvements, of: | ||
(1) an electric utility as defined by Section 31.002, | ||
Utilities Code; | ||
(2) a gas utility as defined by Section 101.003 or | ||
121.001, Utilities Code; | ||
(3) a telecommunications provider as defined by | ||
Section 51.002, Utilities Code; or | ||
(4) a cable operator as defined by 47 U.S.C. Section | ||
522, as amended. (Acts 78th Leg., R.S., Ch. 882, Sec. 12.) | ||
CHAPTER 8312. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 387 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8312.001. DEFINITION | ||
Sec. 8312.002. NATURE OF DISTRICT | ||
Sec. 8312.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8312.004. DISTRICT TERRITORY | ||
[Sections 8312.005-8312.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8312.051. COMPOSITION OF BOARD; TERMS | ||
[Sections 8312.052-8312.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8312.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
Sec. 8312.102. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCES OR RESOLUTIONS | ||
Sec. 8312.103. RELOCATING OR ALTERING PROPERTY; COSTS | ||
Sec. 8312.104. UTILITY PROPERTY EXEMPT FROM IMPACT | ||
FEES AND ASSESSMENTS | ||
CHAPTER 8312. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 387 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8312.001. DEFINITION. In this chapter, "district" | ||
means the Harris County Municipal Utility District No. 387. (Acts | ||
77th Leg., R.S., Ch. 1382, Sec. 2.) | ||
Sec. 8312.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Harris County, created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 77th | ||
Leg., R.S., Ch. 1382, Secs. 1(a) (part), (b) (part).) | ||
Sec. 8312.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (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 | ||
77th Leg., R.S., Ch. 1382, Secs. 1(b) (part), 5.) | ||
Sec. 8312.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 3, Chapter 1382, | ||
Acts of the 77th Legislature, Regular Session, 2001, as that | ||
territory may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake 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 validity of district bonds, notes, or other | ||
indebtedness; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 77th Leg., R.S., Ch. 1382, Sec. 4; New.) | ||
[Sections 8312.005-8312.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8312.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of five directors. | ||
(b) Directors serve staggered four-year terms. (Acts 77th | ||
Leg., R.S., Ch. 1382, Secs. 8(a), (d).) | ||
[Sections 8312.052-8312.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8312.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, functions, and duties | ||
provided by general law applicable to a municipal utility district | ||
created under Section 59, Article XVI, Texas Constitution, | ||
including Chapters 49, 50, and 54, Water Code. (Acts 77th Leg., | ||
R.S., Ch. 1382, Sec. 6(a) (part).) | ||
Sec. 8312.102. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section | ||
54.016, Water Code, the district shall comply with all applicable | ||
requirements of any ordinance or resolution adopted by the city | ||
council of the City of Houston, including an ordinance or | ||
resolution adopted before September 1, 2001, that consents to the | ||
creation of the district or to the inclusion of lands in the | ||
district. (Acts 77th Leg., R.S., Ch. 1382, Sec. 12.) | ||
Sec. 8312.103. RELOCATING OR ALTERING PROPERTY; COSTS. (a) | ||
The district may relocate, raise, reroute, change the grade of, or | ||
alter the construction of a highway, railroad, electric | ||
transmission line, telecommunications or other public utility | ||
facility, pipeline, canal, or drainage ditch if considered | ||
necessary by the board of directors. | ||
(b) The district shall pay for any relocation, raising, | ||
rerouting, changing, or altering under this section, unless | ||
otherwise agreed in writing by the interested parties. | ||
(c) If a facility is replaced, the cost of replacement is | ||
limited to an amount equal to the cost of replacing the facility | ||
with a comparable facility, less the replaced facility's net | ||
salvage value. (Acts 77th Leg., R.S., Ch. 1382, Sec. 7.) | ||
Sec. 8312.104. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND | ||
ASSESSMENTS. The district may not impose an impact fee or | ||
assessment on the property, including the equipment, | ||
rights-of-way, facilities, or improvements, of: | ||
(1) an electric utility or a power generation company | ||
as defined by Section 31.002, Utilities Code; | ||
(2) a gas utility as defined by Section 101.003 or | ||
121.001, Utilities Code; or | ||
(3) a telecommunications provider as defined by | ||
Section 51.002, Utilities Code. (Acts 77th Leg., R.S., Ch. 1382, | ||
Sec. 6(c).) | ||
CHAPTER 8381. NORTH PARK PUBLIC UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8381.001. DEFINITIONS | ||
Sec. 8381.002. NATURE OF DISTRICT | ||
Sec. 8381.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8381.004. DISTRICT TERRITORY | ||
[Sections 8381.005-8381.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8381.051. COMPOSITION OF BOARD | ||
Sec. 8381.052. BOARD VACANCY | ||
[Sections 8381.053-8381.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8381.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
CHAPTER 8381. NORTH PARK PUBLIC UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8381.001. 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 North Park Public Utility | ||
District. (Acts 62nd Leg., R.S., Ch. 696, Sec. 1 (part); New.) | ||
Sec. 8381.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Harris County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., | ||
R.S., Ch. 696, Sec. 1 (part).) | ||
Sec. 8381.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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 | ||
62nd Leg., R.S., Ch. 696, Secs. 1 (part), 3.) | ||
Sec. 8381.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 696, Acts | ||
of the 62nd Legislature, Regular Session, 1971, as that territory | ||
may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 62nd Leg., R.S., Ch. 696, Sec. 2; New.) | ||
[Sections 8381.005-8381.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8381.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 62nd Leg., R.S., Ch. 696, Sec. 6 | ||
(part).) | ||
Sec. 8381.052. 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 all of the vacancies on the board whenever | ||
the number of qualified directors is fewer than three. (Acts 62nd | ||
Leg., R.S., Ch. 696, Sec. 6 (part); New.) | ||
[Sections 8381.053-8381.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8381.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions | ||
conferred by general law applicable to a municipal utility | ||
district, including Chapters 49 and 54, Water Code. (Acts 62nd | ||
Leg., R.S., Ch. 696, Sec. 5 (part); New.) | ||
CHAPTER 8387. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8387.001. DEFINITIONS | ||
Sec. 8387.002. NATURE OF DISTRICT | ||
Sec. 8387.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8387.004. DISTRICT TERRITORY | ||
[Sections 8387.005-8387.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8387.051. COMPOSITION OF BOARD | ||
Sec. 8387.052. BOARD VACANCY | ||
[Sections 8387.053-8387.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8387.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
Sec. 8387.102. OPERATION AND MAINTENANCE OF DISTRICT | ||
FACILITIES | ||
CHAPTER 8387. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8387.001. 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 Northgate Crossing Municipal | ||
Utility District No. 1. (Acts 69th Leg., R.S., Ch. 947, Sec. 2; | ||
New.) | ||
Sec. 8387.002. 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. 947, Sec. 1 (part).) | ||
Sec. 8387.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district's | ||
boundaries will benefit from the works and projects accomplished by | ||
the district under the powers authorized 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. 947, Secs. 1 (part), 3.) | ||
Sec. 8387.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4(a), Chapter 947, | ||
Acts of the 69th Legislature, Regular Session, 1985, as that | ||
territory may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes 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; | ||
(3) the payment of the principal of and interest on | ||
bonds; | ||
(4) the district's right to impose a tax; or | ||
(5) the legality or operation of the district or its | ||
governing body. (Acts 69th Leg., R.S., Ch. 947, Sec. 4(b); New.) | ||
[Sections 8387.005-8387.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8387.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 69th Leg., R.S., Ch. 947, Sec. | ||
7(e) (part).) | ||
Sec. 8387.052. 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. 947, Sec. 7(c) (part); New.) | ||
[Sections 8387.053-8387.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8387.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district may exercise the rights, powers, privileges, and functions | ||
provided by general law applicable to a municipal utility district, | ||
including Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., | ||
Ch. 947, Sec. 5(a); New.) | ||
Sec. 8387.102. OPERATION AND MAINTENANCE OF DISTRICT | ||
FACILITIES. (a) The district shall operate and maintain any levee, | ||
retainage pond, pump, mitigation channel, or other facility, | ||
improvement, or property that serves property in the district | ||
unless the Harris County Flood Control District undertakes to | ||
operate or maintain the facility, improvement, or property. | ||
(b) If, at the time the district is annexed by a | ||
municipality, the annexing municipality determines not to | ||
undertake to operate or maintain a levee, retainage pond, pump, | ||
mitigation channel, or other facility, improvement, or property | ||
that serves property in the district, the municipality may specify | ||
in the annexation ordinance that the district shall continue to | ||
exist exclusively to: | ||
(1) operate and maintain the levee, retainage pond, | ||
pump, mitigation channel, or other facility, improvement, or | ||
property; and | ||
(2) impose a maintenance tax in the boundaries of the | ||
district, to the extent that a maintenance tax has previously been | ||
authorized. (Acts 69th Leg., R.S., Ch. 947, Secs. 8(a), (b).) | ||
CHAPTER 8388. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8388.001. DEFINITIONS | ||
Sec. 8388.002. NATURE OF DISTRICT | ||
Sec. 8388.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8388.004. DISTRICT TERRITORY | ||
[Sections 8388.005-8388.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8388.051. COMPOSITION OF BOARD | ||
Sec. 8388.052. BOARD VACANCY | ||
[Sections 8388.053-8388.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8388.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
Sec. 8388.102. OPERATION AND MAINTENANCE OF DISTRICT | ||
FACILITIES | ||
CHAPTER 8388. NORTHGATE CROSSING MUNICIPAL UTILITY DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8388.001. 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 Northgate Crossing Municipal | ||
Utility District No. 2. (Acts 69th Leg., R.S., Ch. 764, Sec. 2; | ||
New.) | ||
Sec. 8388.002. 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. 764, Sec. 1 (part).) | ||
Sec. 8388.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district's | ||
boundaries will benefit from the works and projects accomplished by | ||
the district under the powers authorized 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. 764, Secs. 1 (part), 3.) | ||
Sec. 8388.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4(a), Chapter 764, | ||
Acts of the 69th Legislature, Regular Session, 1985, as that | ||
territory may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes 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; | ||
(3) the payment of the principal of and interest on | ||
bonds; | ||
(4) the district's right to impose a tax; or | ||
(5) the legality or operation of the district or its | ||
governing body. (Acts 69th Leg., R.S., Ch. 764, Sec. 4(b); New.) | ||
[Sections 8388.005-8388.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8388.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 69th Leg., R.S., Ch. 764, Sec. | ||
7(e) (part).) | ||
Sec. 8388.052. 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. 764, Sec. 7(c) (part); New.) | ||
[Sections 8388.053-8388.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8388.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district may exercise the rights, powers, privileges, and functions | ||
provided by general law applicable to a municipal utility district, | ||
including Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., | ||
Ch. 764, Sec. 5(a); New.) | ||
Sec. 8388.102. OPERATION AND MAINTENANCE OF DISTRICT | ||
FACILITIES. (a) The district shall operate and maintain any levee, | ||
retainage pond, pump, mitigation channel, or other facility, | ||
improvement, or property that serves property in the district | ||
unless the Harris County Flood Control District undertakes to | ||
operate or maintain the facility, improvement, or property. | ||
(b) If, at the time the district is annexed by a | ||
municipality, the annexing municipality determines not to | ||
undertake to operate or maintain a levee, retainage pond, pump, | ||
mitigation channel, or other facility, improvement, or property | ||
that serves property in the district, the municipality may specify | ||
in the annexation ordinance that the district shall continue to | ||
exist exclusively to: | ||
(1) operate and maintain the levee, retainage pond, | ||
pump, mitigation channel, or other facility, improvement, or | ||
property; and | ||
(2) impose a maintenance tax in the boundaries of the | ||
district, to the extent that a maintenance tax has previously been | ||
authorized. (Acts 69th Leg., R.S., Ch. 764, Secs. 8(a), (b).) | ||
CHAPTER 8389. NORTHWEST FOREST MUNICIPAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8389.001. DEFINITIONS | ||
Sec. 8389.002. NATURE OF DISTRICT | ||
Sec. 8389.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8389.004. DISTRICT TERRITORY | ||
[Sections 8389.005-8389.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8389.051. COMPOSITION OF BOARD | ||
Sec. 8389.052. BOARD VACANCY | ||
[Sections 8389.053-8389.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8389.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
CHAPTER 8389. NORTHWEST FOREST MUNICIPAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8389.001. 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 Northwest Forest Municipal | ||
Utility District. (Acts 65th Leg., R.S., Ch. 687, Sec. 1 (part); | ||
New.) | ||
Sec. 8389.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Jefferson County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 65th | ||
Leg., R.S., Ch. 687, Sec. 1 (part).) | ||
Sec. 8389.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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 | ||
65th Leg., R.S., Ch. 687, Secs. 1 (part), 3.) | ||
Sec. 8389.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 687, Acts | ||
of the 65th Legislature, Regular Session, 1977, as that territory | ||
may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 65th Leg., R.S., Ch. 687, Sec. 2; New.) | ||
[Sections 8389.005-8389.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8389.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 65th Leg., R.S., Ch. 687, Sec. | ||
6(b) (part).) | ||
Sec. 8389.052. 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 all of the vacancies on the board whenever | ||
the number of qualified directors is fewer than three. (Acts 65th | ||
Leg., R.S., Ch. 687, Sec. 6(b) (part).) | ||
[Sections 8389.053-8389.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8389.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions | ||
conferred by general law applicable to a municipal utility | ||
district, including Chapters 49 and 54, Water Code. (Acts 65th | ||
Leg., R.S., Ch. 687, Sec. 5 (part); New.) | ||
CHAPTER 8391. OAKMONT PUBLIC UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8391.001. DEFINITIONS | ||
Sec. 8391.002. NATURE OF DISTRICT | ||
Sec. 8391.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8391.004. DISTRICT TERRITORY | ||
[Sections 8391.005-8391.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8391.051. COMPOSITION OF BOARD | ||
Sec. 8391.052. BOARD VACANCY | ||
[Sections 8391.053-8391.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8391.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
CHAPTER 8391. OAKMONT PUBLIC UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8391.001. 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 Oakmont Public Utility | ||
District. (Acts 62nd Leg., R.S., Ch. 625, Sec. 1 (part); New.) | ||
Sec. 8391.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Harris County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., | ||
R.S., Ch. 625, Sec. 1 (part).) | ||
Sec. 8391.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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 | ||
62nd Leg., R.S., Ch. 625, Secs. 1 (part), 3.) | ||
Sec. 8391.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 625, Acts | ||
of the 62nd Legislature, Regular Session, 1971, as that territory | ||
may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 62nd Leg., R.S., Ch. 625, Sec. 2; New.) | ||
[Sections 8391.005-8391.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8391.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 62nd Leg., R.S., Ch. 625, Sec. 6 | ||
(part).) | ||
Sec. 8391.052. 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 all of the vacancies on the board whenever | ||
the number of qualified directors is fewer than three. (Acts 62nd | ||
Leg., R.S., Ch. 625, Sec. 6 (part); New.) | ||
[Sections 8391.053-8391.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8391.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions | ||
conferred by general law applicable to a municipal utility | ||
district, including Chapters 49 and 54, Water Code. (Acts 62nd | ||
Leg., R.S., Ch. 625, Sec. 5 (part); New.) | ||
CHAPTER 8393. PINE BOUGH PUBLIC UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8393.001. DEFINITIONS | ||
Sec. 8393.002. NATURE OF DISTRICT | ||
Sec. 8393.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8393.004. DISTRICT TERRITORY | ||
[Sections 8393.005-8393.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8393.051. COMPOSITION OF BOARD | ||
Sec. 8393.052. BOARD VACANCY | ||
[Sections 8393.053-8393.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8393.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
CHAPTER 8393. PINE BOUGH PUBLIC UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8393.001. 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 Pine Bough Public Utility | ||
District. (Acts 62nd Leg., R.S., Ch. 247, Sec. 1 (part); New.) | ||
Sec. 8393.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Harris County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 62nd | ||
Leg., R.S., Ch. 247, Sec. 1 (part).) | ||
Sec. 8393.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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 | ||
62nd Leg., R.S., Ch. 247, Secs. 1 (part), 3.) | ||
Sec. 8393.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 247, Acts | ||
of the 62nd Legislature, Regular Session, 1971, as that territory | ||
may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 62nd Leg., R.S., Ch. 247, Sec. 2; New.) | ||
[Sections 8393.005-8393.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8393.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 62nd Leg., R.S., Ch. 247, Sec. 6 | ||
(part).) | ||
Sec. 8393.052. 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 all of the vacancies on the board whenever | ||
the number of qualified directors is fewer than three. (Acts 62nd | ||
Leg., R.S., Ch. 247, Sec. 6 (part); New.) | ||
[Sections 8393.053-8393.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8393.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions | ||
conferred by general law applicable to a municipal utility | ||
district, including Chapters 49 and 54, Water Code. (Acts 62nd | ||
Leg., R.S., Ch. 247, Sec. 5 (part); New.) | ||
CHAPTER 8394. PINE VILLAGE PUBLIC UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8394.001. DEFINITIONS | ||
Sec. 8394.002. NATURE OF DISTRICT | ||
Sec. 8394.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8394.004. DISTRICT TERRITORY | ||
[Sections 8394.005-8394.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8394.051. COMPOSITION OF BOARD | ||
Sec. 8394.052. BOARD VACANCY | ||
[Sections 8394.053-8394.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8394.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
CHAPTER 8394. PINE VILLAGE PUBLIC UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8394.001. 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 Pine Village Public Utility | ||
District. (Acts 62nd Leg., R.S., Ch. 650, Sec. 1 (part); New.) | ||
Sec. 8394.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Harris County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 62nd | ||
Leg., R.S., Ch. 650, Sec. 1 (part).) | ||
Sec. 8394.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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 | ||
62nd Leg., R.S., Ch. 650, Secs. 1 (part), 3.) | ||
Sec. 8394.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 650, Acts | ||
of the 62nd Legislature, Regular Session, 1971, as that territory | ||
may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 62nd Leg., R.S., Ch. 650, Sec. 2; New.) | ||
[Sections 8394.005-8394.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8394.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 62nd Leg., R.S., Ch. 650, Sec. 6 | ||
(part).) | ||
Sec. 8394.052. 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 all of the vacancies on the board whenever | ||
the number of qualified directors is fewer than three. (Acts 62nd | ||
Leg., R.S., Ch. 650, Sec. 6 (part); New.) | ||
[Sections 8394.053-8394.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8394.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions | ||
conferred by general law applicable to a municipal utility | ||
district, including Chapters 49 and 54, Water Code. (Acts 62nd | ||
Leg., R.S., Ch. 650, Sec. 5 (part); New.) | ||
CHAPTER 8395. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8395.001. DEFINITIONS | ||
Sec. 8395.002. NATURE OF DISTRICT | ||
Sec. 8395.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8395.004. DISTRICT TERRITORY | ||
Sec. 8395.005. PROHIBITION AGAINST IMPAIRMENT OF | ||
DISTRICT | ||
[Sections 8395.006-8395.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8395.051. COMPOSITION OF BOARD; TERMS | ||
[Sections 8395.052-8395.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8395.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES | ||
[Sections 8395.102-8395.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8395.151. ANNEXATION BY MUNICIPALITY | ||
Sec. 8395.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION | ||
CHAPTER 8395. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8395.001. 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 member of the board. | ||
(4) "District" means the Travis County Municipal | ||
Utility District No. 3. (Acts 74th Leg., R.S., Ch. 791, Sec. 1.02; | ||
New.) | ||
Sec. 8395.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Travis County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 74th | ||
Leg., R.S., Ch. 791, Secs. 1.01(a) (part), (b) (part).) | ||
Sec. 8395.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (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 | ||
74th Leg., R.S., Ch. 791, Secs. 1.01(b) (part), 1.05.) | ||
Sec. 8395.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 1.03, Chapter 791, | ||
Acts of the 74th Legislature, Regular Session, 1995, as that | ||
territory may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in the field notes or in copying the field notes | ||
in the legislative process does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to impose a tax; or | ||
(3) the legality or operation of the district or its | ||
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 1.04; New.) | ||
Sec. 8395.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. | ||
A municipality in whose extraterritorial jurisdiction the district | ||
is located may not take any action, including passing an ordinance | ||
or resolution, that: | ||
(1) impairs the district's ability to exercise the | ||
district's powers under this chapter; or | ||
(2) limits the district's ability to finance, | ||
construct, or operate the district's water, wastewater, or drainage | ||
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 1.11.) | ||
[Sections 8395.006-8395.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8395.051. 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. 791, Secs. 1.07(a), (d).) | ||
[Sections 8395.052-8395.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8395.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by general law applicable to a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution, including Chapters 49, 50, and 54, Water Code. | ||
(Acts 74th Leg., R.S., Ch. 791, Sec. 1.06(a) (part).) | ||
[Sections 8395.102-8395.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8395.151. ANNEXATION BY MUNICIPALITY. A municipality | ||
may annex the district on the earlier of: | ||
(1) the installation of 90 percent of all works, | ||
improvements, facilities, plants, equipment, and appliances | ||
necessary and adequate to: | ||
(A) provide service to the proposed development | ||
within the district; | ||
(B) accomplish the purposes for which the | ||
district was created; and | ||
(C) exercise the powers provided by general law | ||
and this chapter; or | ||
(2) the 20th anniversary of the date the district was | ||
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 1.12.) | ||
Sec. 8395.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If | ||
a municipality in whose extraterritorial jurisdiction the district | ||
is located annexes the district for full or limited purposes and the | ||
annexation precludes or impairs the ability of the district to | ||
issue bonds, the municipality shall: | ||
(1) simultaneously with the annexation, pay in cash to | ||
the landowner or developer of the district a sum equal to all actual | ||
costs and expenses incurred by the landowner or developer in | ||
connection with the district that: | ||
(A) the district has agreed in writing to pay; | ||
and | ||
(B) would otherwise have been eligible for | ||
reimbursement from bond proceeds under the rules and requirements | ||
of the commission as those rules and requirements exist on the date | ||
of annexation; and | ||
(2) after the annexation, install all necessary water, | ||
wastewater, and drainage facilities to serve full buildout of | ||
development within the district. (Acts 74th Leg., R.S., Ch. 791, | ||
Sec. 1.13.) | ||
CHAPTER 8396. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8396.001. DEFINITIONS | ||
Sec. 8396.002. NATURE OF DISTRICT | ||
Sec. 8396.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8396.004. DISTRICT TERRITORY | ||
Sec. 8396.005. PROHIBITION AGAINST IMPAIRMENT OF | ||
DISTRICT | ||
[Sections 8396.006-8396.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8396.051. COMPOSITION OF BOARD; TERMS | ||
[Sections 8396.052-8396.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8396.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES | ||
[Sections 8396.102-8396.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8396.151. ANNEXATION BY MUNICIPALITY | ||
Sec. 8396.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION | ||
CHAPTER 8396. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8396.001. 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 member of the board. | ||
(4) "District" means the Travis County Municipal | ||
Utility District No. 4. (Acts 74th Leg., R.S., Ch. 791, Sec. 2.02; | ||
New.) | ||
Sec. 8396.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Travis County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 74th | ||
Leg., R.S., Ch. 791, Secs. 2.01(a) (part), (b) (part).) | ||
Sec. 8396.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (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 | ||
74th Leg., R.S., Ch. 791, Secs. 2.01(b) (part), 2.05.) | ||
Sec. 8396.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 2.03, Chapter 791, | ||
Acts of the 74th Legislature, Regular Session, 1995, as that | ||
territory may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in the field notes or in copying the field notes | ||
in the legislative process does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to impose a tax; or | ||
(3) the legality or operation of the district or its | ||
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 2.04; New.) | ||
Sec. 8396.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. | ||
A municipality in whose extraterritorial jurisdiction the district | ||
is located may not take any action, including passing an ordinance | ||
or resolution, that: | ||
(1) impairs the district's ability to exercise the | ||
district's powers under this chapter; or | ||
(2) limits the district's ability to finance, | ||
construct, or operate the district's water, wastewater, or drainage | ||
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 2.11.) | ||
[Sections 8396.006-8396.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8396.051. 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. 791, Secs. 2.07(a), (d).) | ||
[Sections 8396.052-8396.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8396.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by general law applicable to a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution, including Chapters 49, 50, and 54, Water Code. | ||
(Acts 74th Leg., R.S., Ch. 791, Sec. 2.06(a) (part).) | ||
[Sections 8396.102-8396.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8396.151. ANNEXATION BY MUNICIPALITY. A municipality | ||
may annex the district on the earlier of: | ||
(1) the installation of 90 percent of all works, | ||
improvements, facilities, plants, equipment, and appliances | ||
necessary and adequate to: | ||
(A) provide service to the proposed development | ||
within the district; | ||
(B) accomplish the purposes for which the | ||
district was created; and | ||
(C) exercise the powers provided by general law | ||
and this chapter; or | ||
(2) the 20th anniversary of the date the district was | ||
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 2.12.) | ||
Sec. 8396.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If | ||
a municipality in whose extraterritorial jurisdiction the district | ||
is located annexes the district for full or limited purposes and the | ||
annexation precludes or impairs the ability of the district to | ||
issue bonds, the municipality shall: | ||
(1) simultaneously with the annexation, pay in cash to | ||
the landowner or developer of the district a sum equal to all actual | ||
costs and expenses incurred by the landowner or developer in | ||
connection with the district that: | ||
(A) the district has agreed in writing to pay; | ||
and | ||
(B) would otherwise have been eligible for | ||
reimbursement from bond proceeds under the rules and requirements | ||
of the commission as those rules and requirements exist on the date | ||
of annexation; and | ||
(2) after the annexation, install all necessary water, | ||
wastewater, and drainage facilities to serve full buildout of | ||
development within the district. (Acts 74th Leg., R.S., Ch. 791, | ||
Sec. 2.13.) | ||
CHAPTER 8397. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8397.001. DEFINITIONS | ||
Sec. 8397.002. NATURE OF DISTRICT | ||
Sec. 8397.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8397.004. DISTRICT TERRITORY | ||
Sec. 8397.005. PROHIBITION AGAINST IMPAIRMENT OF | ||
DISTRICT | ||
[Sections 8397.006-8397.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8397.051. COMPOSITION OF BOARD; TERMS | ||
[Sections 8397.052-8397.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8397.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES | ||
[Sections 8397.102-8397.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8397.151. ANNEXATION BY MUNICIPALITY | ||
Sec. 8397.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION | ||
CHAPTER 8397. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8397.001. 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 member of the board. | ||
(4) "District" means the Travis County Municipal | ||
Utility District No. 5. (Acts 74th Leg., R.S., Ch. 791, Sec. 3.02; | ||
New.) | ||
Sec. 8397.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Travis County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 74th | ||
Leg., R.S., Ch. 791, Secs. 3.01(a) (part), (b) (part).) | ||
Sec. 8397.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (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 | ||
74th Leg., R.S., Ch. 791, Secs. 3.01(b) (part), 3.05.) | ||
Sec. 8397.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 3.03, Chapter 791, | ||
Acts of the 74th Legislature, Regular Session, 1995, as that | ||
territory may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in the field notes or in copying the field notes | ||
in the legislative process does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to impose a tax; or | ||
(3) the legality or operation of the district or its | ||
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 3.04; New.) | ||
Sec. 8397.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. | ||
A municipality in whose extraterritorial jurisdiction the district | ||
is located may not take any action, including passing an ordinance | ||
or resolution, that: | ||
(1) impairs the district's ability to exercise the | ||
district's powers under this chapter; or | ||
(2) limits the district's ability to finance, | ||
construct, or operate the district's water, wastewater, or drainage | ||
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 3.11.) | ||
[Sections 8397.006-8397.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8397.051. 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. 791, Secs. 3.07(a), (d).) | ||
[Sections 8397.052-8397.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8397.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by general law applicable to a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution, including Chapters 49, 50, and 54, Water Code. | ||
(Acts 74th Leg., R.S., Ch. 791, Sec. 3.06(a) (part).) | ||
[Sections 8397.102-8397.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8397.151. ANNEXATION BY MUNICIPALITY. A municipality | ||
may annex the district on the earlier of: | ||
(1) the installation of 90 percent of all works, | ||
improvements, facilities, plants, equipment, and appliances | ||
necessary and adequate to: | ||
(A) provide service to the proposed development | ||
within the district; | ||
(B) accomplish the purposes for which the | ||
district was created; and | ||
(C) exercise the powers provided by general law | ||
and this chapter; or | ||
(2) the 20th anniversary of the date the district was | ||
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 3.12.) | ||
Sec. 8397.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If | ||
a municipality in whose extraterritorial jurisdiction the district | ||
is located annexes the district for full or limited purposes and the | ||
annexation precludes or impairs the ability of the district to | ||
issue bonds, the municipality shall: | ||
(1) simultaneously with the annexation, pay in cash to | ||
the landowner or developer of the district a sum equal to all actual | ||
costs and expenses incurred by the landowner or developer in | ||
connection with the district that: | ||
(A) the district has agreed in writing to pay; | ||
and | ||
(B) would otherwise have been eligible for | ||
reimbursement from bond proceeds under the rules and requirements | ||
of the commission as those rules and requirements exist on the date | ||
of annexation; and | ||
(2) after the annexation, install all necessary water, | ||
wastewater, and drainage facilities to serve full buildout of | ||
development within the district. (Acts 74th Leg., R.S., Ch. 791, | ||
Sec. 3.13.) | ||
CHAPTER 8398. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8398.001. DEFINITIONS | ||
Sec. 8398.002. NATURE OF DISTRICT | ||
Sec. 8398.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8398.004. DISTRICT TERRITORY | ||
Sec. 8398.005. PROHIBITION AGAINST IMPAIRMENT OF | ||
DISTRICT | ||
[Sections 8398.006-8398.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8398.051. COMPOSITION OF BOARD; TERMS | ||
[Sections 8398.052-8398.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8398.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES | ||
[Sections 8398.102-8398.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8398.151. ANNEXATION BY MUNICIPALITY | ||
Sec. 8398.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION | ||
CHAPTER 8398. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8398.001. 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 member of the board. | ||
(4) "District" means the Travis County Municipal | ||
Utility District No. 6. (Acts 74th Leg., R.S., Ch. 791, Sec. 4.02; | ||
New.) | ||
Sec. 8398.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Travis County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 74th | ||
Leg., R.S., Ch. 791, Secs. 4.01(a) (part), (b) (part).) | ||
Sec. 8398.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (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 | ||
74th Leg., R.S., Ch. 791, Secs. 4.01(b) (part), 4.05.) | ||
Sec. 8398.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4.03, Chapter 791, | ||
Acts of the 74th Legislature, Regular Session, 1995, as that | ||
territory may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in the field notes or in copying the field notes | ||
in the legislative process does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to impose a tax; or | ||
(3) the legality or operation of the district or its | ||
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 4.04; New.) | ||
Sec. 8398.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. | ||
A municipality in whose extraterritorial jurisdiction the district | ||
is located may not take any action, including passing an ordinance | ||
or resolution, that: | ||
(1) impairs the district's ability to exercise the | ||
district's powers under this chapter; or | ||
(2) limits the district's ability to finance, | ||
construct, or operate the district's water, wastewater, or drainage | ||
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 4.11.) | ||
[Sections 8398.006-8398.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8398.051. 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. 791, Secs. 4.07(a), (d).) | ||
[Sections 8398.052-8398.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8398.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by general law applicable to a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution, including Chapters 49, 50, and 54, Water Code. | ||
(Acts 74th Leg., R.S., Ch. 791, Sec. 4.06(a) (part).) | ||
[Sections 8398.102-8398.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8398.151. ANNEXATION BY MUNICIPALITY. A municipality | ||
may annex the district on the earlier of: | ||
(1) the installation of 90 percent of all works, | ||
improvements, facilities, plants, equipment, and appliances | ||
necessary and adequate to: | ||
(A) provide service to the proposed development | ||
within the district; | ||
(B) accomplish the purposes for which the | ||
district was created; and | ||
(C) exercise the powers provided by general law | ||
and this chapter; or | ||
(2) the 20th anniversary of the date the district was | ||
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 4.12.) | ||
Sec. 8398.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If | ||
a municipality in whose extraterritorial jurisdiction the district | ||
is located annexes the district for full or limited purposes and the | ||
annexation precludes or impairs the ability of the district to | ||
issue bonds, the municipality shall: | ||
(1) simultaneously with the annexation, pay in cash to | ||
the landowner or developer of the district a sum equal to all actual | ||
costs and expenses incurred by the landowner or developer in | ||
connection with the district that: | ||
(A) the district has agreed in writing to pay; | ||
and | ||
(B) would otherwise have been eligible for | ||
reimbursement from bond proceeds under the rules and requirements | ||
of the commission as those rules and requirements exist on the date | ||
of annexation; and | ||
(2) after the annexation, install all necessary water, | ||
wastewater, and drainage facilities to serve full buildout of | ||
development within the district. (Acts 74th Leg., R.S., Ch. 791, | ||
Sec. 4.13.) | ||
CHAPTER 8399. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8399.001. DEFINITIONS | ||
Sec. 8399.002. NATURE OF DISTRICT | ||
Sec. 8399.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8399.004. DISTRICT TERRITORY | ||
Sec. 8399.005. PROHIBITION AGAINST IMPAIRMENT OF | ||
DISTRICT | ||
[Sections 8399.006-8399.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8399.051. COMPOSITION OF BOARD; TERMS | ||
[Sections 8399.052-8399.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8399.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES | ||
[Sections 8399.102-8399.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8399.151. ANNEXATION BY MUNICIPALITY | ||
Sec. 8399.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION | ||
CHAPTER 8399. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8399.001. 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 member of the board. | ||
(4) "District" means the Travis County Municipal | ||
Utility District No. 7. (Acts 74th Leg., R.S., Ch. 791, Sec. 5.02; | ||
New.) | ||
Sec. 8399.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Travis County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 74th | ||
Leg., R.S., Ch. 791, Secs. 5.01(a) (part), (b) (part).) | ||
Sec. 8399.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (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 | ||
74th Leg., R.S., Ch. 791, Secs. 5.01(b) (part), 5.05.) | ||
Sec. 8399.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 5.03, Chapter 791, | ||
Acts of the 74th Legislature, Regular Session, 1995, as that | ||
territory may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in the field notes or in copying the field notes | ||
in the legislative process does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to impose a tax; or | ||
(3) the legality or operation of the district or its | ||
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 5.04; New.) | ||
Sec. 8399.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. | ||
A municipality in whose extraterritorial jurisdiction the district | ||
is located may not take any action, including passing an ordinance | ||
or resolution, that: | ||
(1) impairs the district's ability to exercise the | ||
district's powers under this chapter; or | ||
(2) limits the district's ability to finance, | ||
construct, or operate the district's water, wastewater, or drainage | ||
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 5.11.) | ||
[Sections 8399.006-8399.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8399.051. 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. 791, Secs. 5.07(a), (d).) | ||
[Sections 8399.052-8399.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8399.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by general law applicable to a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution, including Chapters 49, 50, and 54, Water Code. | ||
(Acts 74th Leg., R.S., Ch. 791, Sec. 5.06(a) (part).) | ||
[Sections 8399.102-8399.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8399.151. ANNEXATION BY MUNICIPALITY. A municipality | ||
may annex the district on the earlier of: | ||
(1) the installation of 90 percent of all works, | ||
improvements, facilities, plants, equipment, and appliances | ||
necessary and adequate to: | ||
(A) provide service to the proposed development | ||
within the district; | ||
(B) accomplish the purposes for which the | ||
district was created; and | ||
(C) exercise the powers provided by general law | ||
and this chapter; or | ||
(2) the 20th anniversary of the date the district was | ||
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 5.12.) | ||
Sec. 8399.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If | ||
a municipality in whose extraterritorial jurisdiction the district | ||
is located annexes the district for full or limited purposes and the | ||
annexation precludes or impairs the ability of the district to | ||
issue bonds, the municipality shall: | ||
(1) simultaneously with the annexation, pay in cash to | ||
the landowner or developer of the district a sum equal to all actual | ||
costs and expenses incurred by the landowner or developer in | ||
connection with the district that: | ||
(A) the district has agreed in writing to pay; | ||
and | ||
(B) would otherwise have been eligible for | ||
reimbursement from bond proceeds under the rules and requirements | ||
of the commission as those rules and requirements exist on the date | ||
of annexation; and | ||
(2) after the annexation, install all necessary water, | ||
wastewater, and drainage facilities to serve full buildout of | ||
development within the district. (Acts 74th Leg., R.S., Ch. 791, | ||
Sec. 5.13.) | ||
CHAPTER 8400. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 8 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8400.001. DEFINITIONS | ||
Sec. 8400.002. NATURE OF DISTRICT | ||
Sec. 8400.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8400.004. DISTRICT TERRITORY | ||
Sec. 8400.005. PROHIBITION AGAINST IMPAIRMENT OF | ||
DISTRICT | ||
[Sections 8400.006-8400.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8400.051. COMPOSITION OF BOARD; TERMS | ||
[Sections 8400.052-8400.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8400.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES | ||
[Sections 8400.102-8400.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8400.151. ANNEXATION BY MUNICIPALITY | ||
Sec. 8400.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION | ||
CHAPTER 8400. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 8 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8400.001. 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 member of the board. | ||
(4) "District" means the Travis County Municipal | ||
Utility District No. 8. (Acts 74th Leg., R.S., Ch. 791, Sec. 6.02; | ||
New.) | ||
Sec. 8400.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Travis County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 74th | ||
Leg., R.S., Ch. 791, Secs. 6.01(a) (part), (b) (part).) | ||
Sec. 8400.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (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 | ||
74th Leg., R.S., Ch. 791, Secs. 6.01(b) (part), 6.05.) | ||
Sec. 8400.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 6.03, Chapter 791, | ||
Acts of the 74th Legislature, Regular Session, 1995, as that | ||
territory may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in the field notes or in copying the field notes | ||
in the legislative process does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to impose a tax; or | ||
(3) the legality or operation of the district or its | ||
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 6.04; New.) | ||
Sec. 8400.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. | ||
A municipality in whose extraterritorial jurisdiction the district | ||
is located may not take any action, including passing an ordinance | ||
or resolution, that: | ||
(1) impairs the district's ability to exercise the | ||
district's powers under this chapter; or | ||
(2) limits the district's ability to finance, | ||
construct, or operate the district's water, wastewater, or drainage | ||
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 6.11.) | ||
[Sections 8400.006-8400.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8400.051. 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. 791, Secs. 6.07(a), (d).) | ||
[Sections 8400.052-8400.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8400.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by general law applicable to a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution, including Chapters 49, 50, and 54, Water Code. | ||
(Acts 74th Leg., R.S., Ch. 791, Sec. 6.06(a) (part).) | ||
[Sections 8400.102-8400.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8400.151. ANNEXATION BY MUNICIPALITY. A municipality | ||
may annex the district on the earlier of: | ||
(1) the installation of 90 percent of all works, | ||
improvements, facilities, plants, equipment, and appliances | ||
necessary and adequate to: | ||
(A) provide service to the proposed development | ||
within the district; | ||
(B) accomplish the purposes for which the | ||
district was created; and | ||
(C) exercise the powers provided by general law | ||
and this chapter; or | ||
(2) the 20th anniversary of the date the district was | ||
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 6.12.) | ||
Sec. 8400.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If | ||
a municipality in whose extraterritorial jurisdiction the district | ||
is located annexes the district for full or limited purposes and the | ||
annexation precludes or impairs the ability of the district to | ||
issue bonds, the municipality shall: | ||
(1) simultaneously with the annexation, pay in cash to | ||
the landowner or developer of the district a sum equal to all actual | ||
costs and expenses incurred by the landowner or developer in | ||
connection with the district that: | ||
(A) the district has agreed in writing to pay; | ||
and | ||
(B) would otherwise have been eligible for | ||
reimbursement from bond proceeds under the rules and requirements | ||
of the commission as those rules and requirements exist on the date | ||
of annexation; and | ||
(2) after the annexation, install all necessary water, | ||
wastewater, and drainage facilities to serve full buildout of | ||
development within the district. (Acts 74th Leg., R.S., Ch. 791, | ||
Sec. 6.13.) | ||
CHAPTER 8401. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8401.001. DEFINITIONS | ||
Sec. 8401.002. NATURE OF DISTRICT | ||
Sec. 8401.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8401.004. DISTRICT TERRITORY | ||
Sec. 8401.005. PROHIBITION AGAINST IMPAIRMENT OF | ||
DISTRICT | ||
[Sections 8401.006-8401.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8401.051. COMPOSITION OF BOARD; TERMS | ||
[Sections 8401.052-8401.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8401.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES | ||
[Sections 8401.102-8401.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8401.151. ANNEXATION BY MUNICIPALITY | ||
Sec. 8401.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION | ||
CHAPTER 8401. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 9 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8401.001. 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 member of the board. | ||
(4) "District" means the Travis County Municipal | ||
Utility District No. 9. (Acts 74th Leg., R.S., Ch. 791, Sec. 7.02; | ||
New.) | ||
Sec. 8401.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Travis County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 74th Leg., | ||
R.S., Ch. 791, Secs. 7.01(a) (part), (b) (part).) | ||
Sec. 8401.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (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 | ||
74th Leg., R.S., Ch. 791, Secs. 7.01(b) (part), 7.05.) | ||
Sec. 8401.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 7.03, Chapter 791, | ||
Acts of the 74th Legislature, Regular Session, 1995, as that | ||
territory may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in the field notes or in copying the field notes | ||
in the legislative process does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to impose a tax; or | ||
(3) the legality or operation of the district or its | ||
governing body. (Acts 74th Leg., R.S., Ch. 791, Sec. 7.04; New.) | ||
Sec. 8401.005. PROHIBITION AGAINST IMPAIRMENT OF DISTRICT. | ||
A municipality in whose extraterritorial jurisdiction the district | ||
is located may not take any action, including passing an ordinance | ||
or resolution, that: | ||
(1) impairs the district's ability to exercise the | ||
district's powers under this chapter; or | ||
(2) limits the district's ability to finance, | ||
construct, or operate the district's water, wastewater, or drainage | ||
systems. (Acts 74th Leg., R.S., Ch. 791, Sec. 7.11.) | ||
[Sections 8401.006-8401.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8401.051. 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. 791, Secs. 7.07(a), (d).) | ||
[Sections 8401.052-8401.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8401.101. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the rights, powers, privileges, functions, | ||
and duties provided by general law applicable to a municipal | ||
utility district created under Section 59, Article XVI, Texas | ||
Constitution, including Chapters 49, 50, and 54, Water Code. (Acts | ||
74th Leg., R.S., Ch. 791, Sec. 7.06(a) (part).) | ||
[Sections 8401.102-8401.150 reserved for expansion] | ||
SUBCHAPTER D. MUNICIPAL ANNEXATION | ||
Sec. 8401.151. ANNEXATION BY MUNICIPALITY. A municipality | ||
may annex the district on the earlier of: | ||
(1) the installation of 90 percent of all works, | ||
improvements, facilities, plants, equipment, and appliances | ||
necessary and adequate to: | ||
(A) provide service to the proposed development | ||
within the district; | ||
(B) accomplish the purposes for which the | ||
district was created; and | ||
(C) exercise the powers provided by general law | ||
and this chapter; or | ||
(2) the 20th anniversary of the date the district was | ||
confirmed. (Acts 74th Leg., R.S., Ch. 791, Sec. 7.12.) | ||
Sec. 8401.152. DUTIES OF MUNICIPALITY AFTER ANNEXATION. If | ||
a municipality in whose extraterritorial jurisdiction the district | ||
is located annexes the district for full or limited purposes and the | ||
annexation precludes or impairs the ability of the district to | ||
issue bonds, the municipality shall: | ||
(1) simultaneously with the annexation, pay in cash to | ||
the landowner or developer of the district a sum equal to all actual | ||
costs and expenses incurred by the landowner or developer in | ||
connection with the district that: | ||
(A) the district has agreed in writing to pay; | ||
and | ||
(B) would otherwise have been eligible for | ||
reimbursement from bond proceeds under the rules and requirements | ||
of the commission as those rules and requirements exist on the date | ||
of annexation; and | ||
(2) after the annexation, install all necessary water, | ||
wastewater, and drainage facilities to serve full buildout of | ||
development within the district. (Acts 74th Leg., R.S., Ch. 791, | ||
Sec. 7.13.) | ||
CHAPTER 8402. ROLLING CREEK UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8402.001. DEFINITIONS | ||
Sec. 8402.002. NATURE OF DISTRICT | ||
Sec. 8402.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8402.004. DISTRICT TERRITORY | ||
[Sections 8402.005-8402.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8402.051. COMPOSITION OF BOARD | ||
Sec. 8402.052. BOARD VACANCY | ||
[Sections 8402.053-8402.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8402.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
CHAPTER 8402. ROLLING CREEK UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8402.001. 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 Rolling Creek Utility | ||
District. (Acts 62nd Leg., R.S., Ch. 662, Sec. 1 (part); New.) | ||
Sec. 8402.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Harris County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 62nd | ||
Leg., R.S., Ch. 662, Sec. 1 (part).) | ||
Sec. 8402.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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 | ||
62nd Leg., R.S., Ch. 662, Secs. 1 (part), 3.) | ||
Sec. 8402.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 662, Acts | ||
of the 62nd Legislature, Regular Session, 1971, as that territory | ||
may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 62nd Leg., R.S., Ch. 662, Sec. 2; New.) | ||
[Sections 8402.005-8402.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8402.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 62nd Leg., R.S., Ch. 662, Sec. 6 | ||
(part).) | ||
Sec. 8402.052. 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 all of the vacancies on the board whenever | ||
the number of qualified directors is fewer than three. (Acts 62nd | ||
Leg., R.S., Ch. 662, Sec. 6 (part); New.) | ||
[Sections 8402.053-8402.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8402.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions | ||
conferred by general law applicable to a municipal utility | ||
district, including Chapters 49 and 54, Water Code. (Acts 62nd | ||
Leg., R.S., Ch. 662, Sec. 5 (part); New.) | ||
CHAPTER 8403. ROLLING FORK PUBLIC UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8403.001. DEFINITIONS | ||
Sec. 8403.002. NATURE OF DISTRICT | ||
Sec. 8403.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8403.004. DISTRICT TERRITORY | ||
[Sections 8403.005-8403.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8403.051. COMPOSITION OF BOARD | ||
Sec. 8403.052. BOARD VACANCY | ||
[Sections 8403.053-8403.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8403.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
CHAPTER 8403. ROLLING FORK PUBLIC UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8403.001. 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 Rolling Fork Public Utility | ||
District. (Acts 62nd Leg., R.S., Ch. 689, Sec. 1 (part); New.) | ||
Sec. 8403.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Harris County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., | ||
R.S., Ch. 689, Sec. 1 (part).) | ||
Sec. 8403.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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 | ||
62nd Leg., R.S., Ch. 689, Secs. 1 (part), 3.) | ||
Sec. 8403.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 689, Acts | ||
of the 62nd Legislature, Regular Session, 1971, as that territory | ||
may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 62nd Leg., R.S., Ch. 689, Sec. 2; New.) | ||
[Sections 8403.005-8403.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8403.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 62nd Leg., R.S., Ch. 689, Sec. 6 | ||
(part).) | ||
Sec. 8403.052. 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 all of the vacancies on the board whenever | ||
the number of qualified directors is fewer than three. (Acts 62nd | ||
Leg., R.S., Ch. 689, Sec. 6 (part); New.) | ||
[Sections 8403.053-8403.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8403.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions | ||
conferred by general law applicable to a municipal utility | ||
district, including Chapters 49 and 54, Water Code. (Acts 62nd | ||
Leg., R.S., Ch. 689, Sec. 5 (part); New.) | ||
CHAPTER 8404. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 3 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8404.001. DEFINITIONS | ||
Sec. 8404.002. NATURE OF DISTRICT | ||
Sec. 8404.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8404.004. DISTRICT TERRITORY | ||
[Sections 8404.005-8404.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8404.051. COMPOSITION OF BOARD | ||
Sec. 8404.052. BOARD VACANCY | ||
[Sections 8404.053-8404.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8404.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
CHAPTER 8404. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 3 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8404.001. 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 Roman Forest Public Utility | ||
District No. 3. (Acts 62nd Leg., R.S., Ch. 668, Sec. 1 (part); New.) | ||
Sec. 8404.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Montgomery County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., | ||
R.S., Ch. 668, Sec. 1 (part).) | ||
Sec. 8404.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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 | ||
62nd Leg., R.S., Ch. 668, Secs. 1 (part), 3.) | ||
Sec. 8404.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 668, Acts | ||
of the 62nd Legislature, Regular Session, 1971, as that territory | ||
may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 62nd Leg., R.S., Ch. 668, Sec. 2; New.) | ||
[Sections 8404.005-8404.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8404.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 62nd Leg., R.S., Ch. 668, Sec. 6 | ||
(part).) | ||
Sec. 8404.052. 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 all of the vacancies on the board whenever | ||
the number of qualified directors is fewer than three. (Acts 62nd | ||
Leg., R.S., Ch. 668, Sec. 6 (part); New.) | ||
[Sections 8404.053-8404.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8404.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions | ||
conferred by general law applicable to a municipal utility | ||
district, including Chapters 49 and 54, Water Code. (Acts 62nd Leg., R.S., Ch. 668, Sec. 5 (part); New.) | ||
CHAPTER 8405. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 4 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8405.001. DEFINITIONS | ||
Sec. 8405.002. NATURE OF DISTRICT | ||
Sec. 8405.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8405.004. DISTRICT TERRITORY | ||
[Sections 8405.005-8405.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8405.051. COMPOSITION OF BOARD | ||
Sec. 8405.052. BOARD VACANCY | ||
[Sections 8405.053-8405.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8405.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
CHAPTER 8405. ROMAN FOREST PUBLIC UTILITY DISTRICT NO. 4 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8405.001. 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 Roman Forest Public Utility | ||
District No. 4. (Acts 62nd Leg., R.S., Ch. 669, Sec. 1 (part); New.) | ||
Sec. 8405.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Montgomery County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., | ||
R.S., Ch. 669, Sec. 1 (part).) | ||
Sec. 8405.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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 | ||
62nd Leg., R.S., Ch. 669, Secs. 1 (part), 3.) | ||
Sec. 8405.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 669, Acts | ||
of the 62nd Legislature, Regular Session, 1971, as that territory | ||
may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 62nd Leg., R.S., Ch. 669, Sec. 2; New.) | ||
[Sections 8405.005-8405.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8405.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 62nd Leg., R.S., Ch. 669, Sec. 6 | ||
(part).) | ||
Sec. 8405.052. 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 all of the vacancies on the board whenever | ||
the number of qualified directors is fewer than three. (Acts 62nd | ||
Leg., R.S., Ch. 669, Sec. 6 (part); New.) | ||
[Sections 8405.053-8405.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8405.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions | ||
conferred by general law applicable to a municipal utility | ||
district, including Chapters 49 and 54, Water Code. (Acts 62nd | ||
Leg., R.S., Ch. 669, Sec. 5 (part); New.) | ||
CHAPTER 8406. SPRING CREEK FOREST PUBLIC UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8406.001. DEFINITIONS | ||
Sec. 8406.002. NATURE OF DISTRICT | ||
Sec. 8406.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8406.004. DISTRICT TERRITORY | ||
[Sections 8406.005-8406.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8406.051. COMPOSITION OF BOARD | ||
Sec. 8406.052. BOARD VACANCY | ||
[Sections 8406.053-8406.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8406.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
CHAPTER 8406. SPRING CREEK FOREST PUBLIC UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8406.001. 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 Spring Creek Forest Public | ||
Utility District. (Acts 62nd Leg., R.S., Ch. 630, Sec. 1 (part); | ||
New.) | ||
Sec. 8406.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Harris County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 62nd Leg., | ||
R.S., Ch. 630, Sec. 1 (part).) | ||
Sec. 8406.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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 | ||
62nd Leg., R.S., Ch. 630, Secs. 1 (part), 3.) | ||
Sec. 8406.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 630, Acts | ||
of the 62nd Legislature, Regular Session, 1971, as that territory | ||
may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 62nd Leg., R.S., Ch. 630, Sec. 2; New.) | ||
[Sections 8406.005-8406.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8406.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 62nd Leg., R.S., Ch. 630, Sec. 6 | ||
(part).) | ||
Sec. 8406.052. 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 all of the vacancies on the board whenever | ||
the number of qualified directors is fewer than three. (Acts 62nd | ||
Leg., R.S., Ch. 630, Sec. 6 (part); New.) | ||
[Sections 8406.053-8406.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8406.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions | ||
conferred by general law applicable to a municipal utility | ||
district, including Chapters 49 and 54, Water Code. (Acts 62nd Leg., R.S., Ch. 630, Sec. 5 (part); New.) | ||
CHAPTER 8407. SPRING CREEK UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8407.001. DEFINITIONS | ||
Sec. 8407.002. NATURE OF DISTRICT | ||
Sec. 8407.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8407.004. DISTRICT TERRITORY | ||
[Sections 8407.005-8407.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8407.051. COMPOSITION OF BOARD | ||
Sec. 8407.052. BOARD VACANCY | ||
[Sections 8407.053-8407.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8407.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
CHAPTER 8407. SPRING CREEK UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8407.001. 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 Spring Creek Utility | ||
District. (Acts 62nd Leg., R.S., Ch. 682, Sec. 1 (part); New.) | ||
Sec. 8407.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Montgomery County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 62nd | ||
Leg., R.S., Ch. 682, Sec. 1 (part).) | ||
Sec. 8407.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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 | ||
62nd Leg., R.S., Ch. 682, Secs. 1 (part), 3.) | ||
Sec. 8407.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 682, Acts | ||
of the 62nd Legislature, Regular Session, 1971, as that territory | ||
may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or its | ||
governing body. (Acts 62nd Leg., R.S., Ch. 682, Sec. 2; New.) | ||
[Sections 8407.005-8407.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8407.051. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 62nd Leg., R.S., Ch. 682, Sec. 6 | ||
(part).) | ||
Sec. 8407.052. 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 all of the vacancies on the board whenever | ||
the number of qualified directors is fewer than three. (Acts 62nd | ||
Leg., R.S., Ch. 682, Sec. 6 (part); New.) | ||
[Sections 8407.053-8407.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8407.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions | ||
conferred by general law applicable to a municipal utility | ||
district, including Chapters 49 and 54, Water Code. (Acts 62nd | ||
Leg., R.S., Ch. 682, Sec. 5 (part); New.) | ||
CHAPTER 8410. QUAIL CREEK MUNICIPAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8410.001. DEFINITIONS | ||
Sec. 8410.002. NATURE OF DISTRICT | ||
Sec. 8410.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 8410.004. DISTRICT TERRITORY | ||
[Sections 8410.005-8410.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8410.051. COMPOSITION OF BOARD; TERMS | ||
[Sections 8410.052-8410.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8410.101. MUNICIPAL UTILITY DISTRICT POWERS | ||
Sec. 8410.102. WATER CONSERVATION PROGRAM | ||
CHAPTER 8410. QUAIL CREEK MUNICIPAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8410.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Director" means a member of the board. | ||
(3) "District" means the Quail Creek Municipal Utility | ||
District. (New.) | ||
Sec. 8410.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district created under Section 59, | ||
Article XVI, Texas Constitution. (Acts 69th Leg., R.S., Ch. 865, | ||
Sec. 1 (part).) | ||
Sec. 8410.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of the district will benefit from the works and projects | ||
accomplished by the district under the authority granted 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. 865, Secs. 2, 5.) | ||
Sec. 8410.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 3, Chapter 865, Acts | ||
of the 69th Legislature, Regular Session, 1985, as that territory | ||
may have been modified under: | ||
(1) Subchapter H, Chapter 54, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in copying the field notes in the legislative | ||
process or another mistake in the field notes does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue bonds for a purpose | ||
for which the district was 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 the | ||
board. (Acts 69th Leg., R.S., Ch. 865, Sec. 4; New.) | ||
[Sections 8410.005-8410.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8410.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of five elected directors. | ||
(b) Directors serve staggered four-year terms. (Acts 69th | ||
Leg., R.S., Ch. 865, Secs. 10(b) (part), (c).) | ||
[Sections 8410.052-8410.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8410.101. MUNICIPAL UTILITY DISTRICT POWERS. The | ||
district has the rights, powers, privileges, and functions provided | ||
by general law applicable to a municipal utility district created | ||
under Section 59, Article XVI, Texas Constitution, including | ||
Chapters 49 and 54, Water Code. (Acts 69th Leg., R.S., Ch. 865, | ||
Sec. 6 (part); New.) | ||
Sec. 8410.102. WATER CONSERVATION PROGRAM. (a) In this | ||
section, "program of water conservation" 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 uses. | ||
(b) The district shall adopt and implement a program of | ||
water conservation 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. 865, Sec. 7.) | ||
SECTION 1.04. Subtitle G, Title 6, Special District Local | ||
Laws Code, is amended by adding Chapters 8504 and 8505 to read as | ||
follows: | ||
CHAPTER 8504. LOWER NECHES VALLEY AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8504.001. DEFINITIONS | ||
Sec. 8504.002. CREATION AND NATURE OF AUTHORITY | ||
Sec. 8504.003. TERRITORY | ||
Sec. 8504.004. LIBERAL CONSTRUCTION OF CHAPTER | ||
[Sections 8504.005-8504.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS | ||
Sec. 8504.051. MEMBERSHIP OF BOARD | ||
Sec. 8504.052. TERMS | ||
Sec. 8504.053. VACANCY | ||
Sec. 8504.054. OATH AND BOND REQUIREMENT FOR DIRECTORS | ||
Sec. 8504.055. COMPENSATION OF DIRECTORS | ||
Sec. 8504.056. QUORUM; VOTING REQUIREMENT | ||
Sec. 8504.057. GENERAL MANAGER | ||
[Sections 8504.058-8504.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8504.101. POWERS UNDER CONSTITUTION AND OTHER LAW | ||
Sec. 8504.102. POWERS TO ACCOMPLISH PURPOSES FOR WHICH | ||
CREATED | ||
Sec. 8504.103. GENERAL POWERS RELATING TO WORKS AND | ||
WATER | ||
Sec. 8504.104. ADDITIONAL POWERS RELATING TO | ||
PARTICULAR PURPOSES; NOT A LIMITATION | ||
Sec. 8504.105. POWERS RELATING TO PURCHASE OR | ||
CONSTRUCTION OF WORKS OR ACQUISITION | ||
OF PROPERTY | ||
Sec. 8504.106. ADDITIONAL POWERS RELATING TO | ||
ACQUISITION OR OPERATION OF PROPERTY | ||
Sec. 8504.107. POWERS RELATING TO CONTRACT, LEASE, | ||
AGREEMENT, OR CONVEYANCE | ||
Sec. 8504.108. POWERS RELATING TO RECREATIONAL | ||
FACILITIES | ||
Sec. 8504.109. EMINENT DOMAIN | ||
Sec. 8504.110. STATE SUPERVISION AND APPROVAL | ||
[Sections 8504.111-8504.150 reserved for expansion] | ||
SUBCHAPTER D. POWERS RELATING TO DEVERS CANAL SYSTEM AND ITS WATER | ||
RIGHTS AND ASSOCIATED PROPERTY | ||
Sec. 8504.151. DEFINITIONS | ||
Sec. 8504.152. POWERS RELATING TO CANAL SYSTEM | ||
Sec. 8504.153. POWERS RELATING TO WATER | ||
Sec. 8504.154. RIGHT OF FIRST REFUSAL FOR CERTAIN | ||
WATER CONTRACTS | ||
[Sections 8504.155-8504.200 reserved for expansion] | ||
SUBCHAPTER E. ECONOMIC DEVELOPMENT PROGRAMS | ||
Sec. 8504.201. DEFINITION | ||
Sec. 8504.202. LEGISLATIVE FINDINGS | ||
Sec. 8504.203. AUTHORITY FOR ECONOMIC DEVELOPMENT | ||
PROGRAM; PROGRAM AREA | ||
Sec. 8504.204. ESTABLISHMENT OF PROGRAM | ||
Sec. 8504.205. PARTICIPATION IN PROGRAM BY OTHER | ||
PERSONS | ||
Sec. 8504.206. STAFFING AND FUNDING OF PROGRAM | ||
Sec. 8504.207. AGREEMENT | ||
Sec. 8504.208. GUIDELINES FOR ASSISTANCE TO PUBLIC | ||
FIREFIGHTING ORGANIZATIONS | ||
Sec. 8504.209. BOARD DETERMINATION CONCLUSIVE | ||
[Sections 8504.210-8504.250 reserved for expansion] | ||
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8504.251. FEES AND CHARGES | ||
Sec. 8504.252. TAX OR SPECIAL ASSESSMENT NOT | ||
AUTHORIZED BY CHAPTER | ||
[Sections 8504.253-8504.300 reserved for expansion] | ||
SUBCHAPTER G. OBLIGATIONS RELATING TO BORROWED MONEY | ||
Sec. 8504.301. GENERAL POWER TO BORROW MONEY | ||
Sec. 8504.302. COVENANTS FOR MARKETABILITY | ||
Sec. 8504.303. HOLDER OF OBLIGATION MAY COMPEL | ||
PERFORMANCE | ||
Sec. 8504.304. HOLDER OF OBLIGATION ENTITLED TO | ||
ADMINISTRATOR OR RECEIVER | ||
Sec. 8504.305. ADDITIONAL SECURITY FOR OBLIGATION: | ||
MORTGAGE AND ENCUMBRANCE | ||
Sec. 8504.306. SALE UNDER MORTGAGE OR ENCUMBRANCE | ||
Sec. 8504.307. INSURING IMPROVEMENTS AND FACILITIES | ||
Sec. 8504.308. TAX EXEMPTION | ||
CHAPTER 8504. LOWER NECHES VALLEY AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8504.001. DEFINITIONS. In this chapter: | ||
(1) "Authority" means the Lower Neches Valley | ||
Authority. | ||
(2) "Basins" means the Neches River basin and the | ||
adjoining Neches-Trinity coastal basin. | ||
(3) "Board" means the board of directors of the | ||
authority. | ||
(4) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(5) "Director" means a member of the board. (Acts 43rd | ||
Leg., 1st C.S., Ch. 63, Secs. 1 (part), 13C(a)(2); New.) | ||
Sec. 8504.002. CREATION AND NATURE OF AUTHORITY. The | ||
authority is created as a conservation and reclamation district. | ||
The authority is an independent governmental agency and a body | ||
politic and corporate. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 1 | ||
(part).) | ||
Sec. 8504.003. TERRITORY. Unless modified under Subchapter | ||
J, Chapter 49, Water Code, or other law, the authority's territory | ||
is composed of: | ||
(1) all of Jefferson, Hardin, and Tyler Counties; | ||
(2) a strip of land 10 miles in width off the eastern | ||
end of Liberty County (the west line of that strip being parallel to | ||
and 10 miles west of the extreme eastern boundary line of Liberty | ||
County); and | ||
(3) a strip of land 15 miles in width off the east side | ||
of Chambers County (the west line of that strip being parallel to | ||
and 15 miles west of the eastern boundary line of Chambers County). | ||
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 2; New.) | ||
Sec. 8504.004. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed to effect its purposes. (Acts | ||
43rd Leg., 1st C.S., Ch. 63, Sec. 15 (part).) | ||
[Sections 8504.005-8504.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS | ||
Sec. 8504.051. MEMBERSHIP OF BOARD. (a) The board consists | ||
of nine directors appointed by the governor with the advice and | ||
consent of the senate. | ||
(b) Each director must be a freehold property taxpayer and a | ||
qualified voter of this state. | ||
(c) Five directors must reside in Jefferson County, two | ||
directors must reside in Hardin County, and two directors must | ||
reside in Tyler County. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 3 | ||
(part).) | ||
Sec. 8504.052. TERMS. Directors hold office for staggered | ||
terms of six years. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 3 | ||
(part).) | ||
Sec. 8504.053. VACANCY. A vacancy on the board shall be | ||
filled for the unexpired term in the same manner as provided for an | ||
appointment for a full term. (Acts 43rd Leg., 1st C.S., Ch. 63, | ||
Sec. 3 (part).) | ||
Sec. 8504.054. OATH AND BOND REQUIREMENT FOR DIRECTORS. | ||
(a) A director shall, within 15 days after the date of appointment, | ||
qualify by taking the constitutional oath of office and by filing a | ||
good and sufficient bond with the secretary of state. | ||
(b) The bond is subject to approval by the secretary of | ||
state and must: | ||
(1) be in the amount of $5,000; | ||
(2) be payable to the authority; and | ||
(3) be conditioned on the faithful performance of the | ||
duties as a director. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 3 | ||
(part).) | ||
Sec. 8504.055. COMPENSATION OF DIRECTORS. (a) A director | ||
is entitled to receive a fee of office for each day of service | ||
approved by a vote of the board and necessary to discharge the | ||
director's duties. | ||
(b) The board shall set the fee described by Subsection (a) | ||
in an amount not greater than the amount allowed under general law. | ||
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 7.) | ||
Sec. 8504.056. QUORUM; VOTING REQUIREMENT. (a) Five | ||
directors constitute a quorum at any meeting. | ||
(b) A concurrence of a majority of the directors present is | ||
sufficient in any matter pertaining to authority business. (Acts | ||
43rd Leg., 1st C.S., Ch. 63, Sec. 4.) | ||
Sec. 8504.057. GENERAL MANAGER. The board shall employ a | ||
general manager at the compensation set by a majority of the board. | ||
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 3 (part).) | ||
[Sections 8504.058-8504.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8504.101. POWERS UNDER CONSTITUTION AND OTHER LAW. | ||
The authority has and is vested with the powers of a conservation | ||
and reclamation district under the constitution and other laws of | ||
this state, including the powers: | ||
(1) expressly authorized by Section 59, Article XVI, | ||
Texas Constitution, for a district created to conserve, store, | ||
control, preserve, use, and distribute storm water, floodwater, and | ||
the water of the rivers and streams of the state; | ||
(2) implied by the purposes of that section of the | ||
constitution; and | ||
(3) conferred by general law. (Acts 43rd Leg., 1st | ||
C.S., Ch. 63, Sec. 1 (part).) | ||
Sec. 8504.102. POWERS TO ACCOMPLISH PURPOSES FOR WHICH | ||
CREATED. The authority has and may exercise the functions, powers, | ||
rights, and duties as may permit the authority to accomplish the | ||
purposes for which it is created. (Acts 43rd Leg., 1st C.S., Ch. | ||
63, Sec. 15 (part).) | ||
Sec. 8504.103. GENERAL POWERS RELATING TO WORKS AND WATER. | ||
(a) The authority may construct, maintain, and operate in the | ||
basins, inside or outside the authority, any work considered | ||
essential: | ||
(1) to the operation of the authority; and | ||
(2) for the authority's administration in the control, | ||
storage, preservation, and distribution to all useful purposes of | ||
the water, including storm water and floodwater, of the basins. | ||
(b) The authority has the same power of control and | ||
regulation over the water of the basins that the state has, subject | ||
to the constitution and statutes of this state. (Acts 43rd Leg., | ||
1st C.S., Ch. 63, Sec. 1 (part).) | ||
Sec. 8504.104. ADDITIONAL POWERS RELATING TO PARTICULAR | ||
PURPOSES; NOT A LIMITATION. (a) For the conservation and | ||
beneficial use of the water of the basins, including storm water and | ||
floodwater, the authority may control and use the water in the | ||
manner and for the particular purposes described below: | ||
(1) for the prevention of the devastation of land from | ||
recurrent overflows; | ||
(2) for the protection of life and property in the | ||
authority from uncontrolled floodwater; | ||
(3) to encourage the conservation of soil; | ||
(4) to prevent destructive erosion; | ||
(5) to provide through practical and legal means for | ||
the control and coordination of the regulation of that water; | ||
(6) to provide by adequate organization and | ||
administration for the preservation of the equitable rights of the | ||
people of different sections of the watershed area in the | ||
beneficial use of that water; | ||
(7) for the storage, control, and conservation of that | ||
water inside or outside the authority and the prevention of the | ||
escape of that water without the maximum of public service; | ||
(8) for the equitable distribution of that water to | ||
meet the regional potential requirements for all uses; | ||
(9) for any purpose for which floodwater and storm | ||
water when controlled and conserved may be used in the performance | ||
of a useful service as authorized by the constitution of this state; | ||
(10) for the conservation of the water essential for | ||
the domestic and municipal uses of the people of the authority; | ||
(11) to control the water and make it available for use | ||
in the development of commercial and industrial enterprises in the | ||
basins or the authority; | ||
(12) to control, store, and use the water in the | ||
development and distribution of hydroelectric power, if that use is | ||
economically coordinated with and subordinate to other uses | ||
declared by law to be superior; | ||
(13) for the irrigation of all land in the authority or | ||
outside the authority but inside the basins; and | ||
(14) to provide for the drainage of land in the basins. | ||
(b) The plans and works provided by the authority in acting | ||
under this section, and the works provided under the power of the | ||
authority in acting under this section, shall have primary regard | ||
for the necessary and potential needs for water by or in the area in | ||
the authority constituting the basins. | ||
(c) This section does not limit the powers of the authority | ||
expressed elsewhere in this chapter or under other law. (Acts 43rd | ||
Leg., 1st C.S., Ch. 63, Sec. 13A-1.) | ||
Sec. 8504.105. POWERS RELATING TO PURCHASE OR CONSTRUCTION | ||
OF WORKS OR ACQUISITION OF PROPERTY. The authority may: | ||
(1) purchase or construct any work necessary or | ||
convenient for the exercise of the authority's powers under this | ||
chapter and to accomplish the purposes of this chapter; and | ||
(2) purchase or otherwise acquire land or other | ||
property necessary or convenient for carrying out the purposes of | ||
this chapter. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13A-2.) | ||
Sec. 8504.106. ADDITIONAL POWERS RELATING TO ACQUISITION OR | ||
OPERATION OF PROPERTY. (a) In this section, "property" includes: | ||
(1) rights, including water rights; and | ||
(2) land, tenements, easements, rights-of-way, | ||
improvements, reservoirs, dams, canals, laterals, plants, works, | ||
and facilities. | ||
(b) The authority may investigate, plan, acquire, | ||
construct, maintain, or operate any property the authority | ||
considers necessary or proper to accomplish the purposes for which | ||
the authority is created. | ||
(c) The power described by Subsection (b) includes the power | ||
to acquire, inside or outside the authority, property that is | ||
incidental or helpful to carrying out the purposes for which the | ||
authority is created. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 15 | ||
(part); New.) | ||
Sec. 8504.107. POWERS RELATING TO CONTRACT, LEASE, | ||
AGREEMENT, OR CONVEYANCE. (a) In this section, "property" | ||
includes land, rights, tenements, easements, improvements, | ||
reservoirs, dams, canals, laterals, plants, works, and facilities. | ||
(b) The authority may with any person enter into a contract, | ||
lease, or agreement necessary or convenient to carry out a power | ||
granted to the authority under this chapter. | ||
(c) The authority may: | ||
(1) convey or cause to be conveyed any of its property | ||
to the United States; and | ||
(2) enter into a lease, regardless of whether it | ||
includes a privilege of purchase, with the United States relating | ||
to the property and obligate the authority to pay rent under the | ||
lease from the income or other revenue of the property. | ||
(d) A contract, lease, or agreement under this section must | ||
be approved by board resolution and must be executed by the board | ||
president and attested by the board secretary. | ||
(e) This section does not authorize the authority to assume | ||
an obligation requiring a payment from taxes. (Acts 43rd Leg., 1st | ||
C.S., Ch. 63, Sec. 13A-5; New.) | ||
Sec. 8504.108. POWERS RELATING TO RECREATIONAL FACILITIES. | ||
The authority may acquire land for recreational facilities and may | ||
construct, operate, and maintain recreational facilities as | ||
provided by general law, provided that money derived from taxation | ||
may not be spent in purchasing that land or constructing and | ||
maintaining those facilities. (Acts 43rd Leg., 1st C.S., Ch. 63, | ||
Sec. 13A-6.) | ||
Sec. 8504.109. EMINENT DOMAIN. (a) The authority may | ||
exercise the power of eminent domain inside or outside the | ||
authority to acquire the fee simple title to, or an easement or | ||
right-of-way over or through, any private or public land, water, or | ||
land under water that is necessary or convenient for carrying out | ||
any purpose or power conferred on the authority by this chapter. | ||
(b) A condemnation proceeding is under the direction of the | ||
board and must be in the name of the authority. | ||
(c) The assessment of damages and all procedures with | ||
reference to condemnation, appeal, and payment must conform to | ||
Chapter 21, Property Code. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. | ||
13A-3.) | ||
Sec. 8504.110. STATE SUPERVISION AND APPROVAL. The powers | ||
and duties conferred on the authority by this chapter, and the | ||
adequacy of any plan for flood control or conservation improvement | ||
purposes devised by the authority, are subject to such continuing | ||
rights of state supervision and state approvals as are required | ||
under general law. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 14.) | ||
[Sections 8504.111-8504.150 reserved for expansion] | ||
SUBCHAPTER D. POWERS RELATING TO DEVERS CANAL SYSTEM AND ITS WATER | ||
RIGHTS AND ASSOCIATED PROPERTY | ||
Sec. 8504.151. DEFINITIONS. In this subchapter: | ||
(1) "Canal system" means the canal system and | ||
associated properties generally known as the Devers Canal System. | ||
(2) "Navigation district" means the Chambers-Liberty | ||
Counties Navigation District. (Acts 43rd Leg., 1st C.S., Ch. 63, | ||
Secs. 13C(a)(1), (3).) | ||
Sec. 8504.152. POWERS RELATING TO CANAL SYSTEM. The | ||
authority may: | ||
(1) acquire, own, operate, maintain, and improve the | ||
canal system; and | ||
(2) enlarge and extend the canal system east of the | ||
Trinity River in Chambers, Liberty, and Jefferson Counties. (Acts | ||
43rd Leg., 1st C.S., Ch. 63, Sec. 13C(b).) | ||
Sec. 8504.153. POWERS RELATING TO WATER. (a) The authority | ||
may own the water rights and appropriate and divert water of this | ||
state under the permits and contracts previously owned by and | ||
acquired from the Devers Canal Rice Producers Association, Inc. | ||
(b) Except as provided by Section 8504.154, the authority | ||
may distribute, sell, and use water of this state for any purpose | ||
approved by the commission. (Acts 43rd Leg., 1st C.S., Ch. 63, | ||
Secs. 13C(c), (d).) | ||
Sec. 8504.154. RIGHT OF FIRST REFUSAL FOR CERTAIN WATER | ||
CONTRACTS. (a) This section applies only to a contract to sell or | ||
provide water: | ||
(1) that is for any use other than irrigation in | ||
Chambers County outside the authority's boundaries; and | ||
(2) that the navigation district had authority to sell | ||
or provide under the navigation district's water rights on May 1, | ||
2009. | ||
(b) Before entering into a contract, the authority must: | ||
(1) send to the navigation district a written notice | ||
of intent to sell or provide water for nonirrigation use in Chambers | ||
County outside the authority's boundaries; and | ||
(2) allow the navigation district 30 days to exercise | ||
a right of first refusal to provide the water. | ||
(c) Not later than the 30th day after the date the | ||
navigation district receives the notice of intent under Subsection | ||
(b), the navigation district may exercise its right of first | ||
refusal under Subsection (b) by delivering to the authority notice | ||
that it intends to exercise that right. | ||
(d) The authority may enter into a contract only if the | ||
navigation district: | ||
(1) fails to comply with Subsection (c); or | ||
(2) complies with Subsection (c) and does not enter | ||
into a contract to sell or otherwise provide water for the use | ||
described by the authority's notice of intent under Subsection (b) | ||
before the expiration of four months after the date the navigation | ||
district receives the notice of intent. (Acts 43rd Leg., 1st C.S., | ||
Ch. 63, Secs. 13C(e), (f), (g).) | ||
[Sections 8504.155-8504.200 reserved for expansion] | ||
SUBCHAPTER E. ECONOMIC DEVELOPMENT PROGRAMS | ||
Sec. 8504.201. DEFINITION. In this subchapter, "economic | ||
development program" includes a community assistance program, a | ||
privatization program, or any other program designed to: | ||
(1) encourage economic diversification; | ||
(2) maintain or expand employment; | ||
(3) train persons; | ||
(4) eliminate conditions detrimental to the public | ||
health, safety, or welfare; | ||
(5) improve the quality or quantity of services | ||
essential for the development of viable communities and economic | ||
growth, including services related to: | ||
(A) education; | ||
(B) transportation; | ||
(C) public safety; | ||
(D) recreation; | ||
(E) health care; | ||
(F) water and wastewater treatment; or | ||
(G) rural water and sewer development; or | ||
(6) contribute to the health and development of a | ||
community to improve the attractiveness of the community to public | ||
and private enterprises. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. | ||
13B(h).) | ||
Sec. 8504.202. LEGISLATIVE FINDINGS. The legislature finds | ||
that the economic development programs authorized by this | ||
subchapter are a specific public purpose and governmental function | ||
of the authority in accordance with: | ||
(1) Section 52-a, Article III, Texas Constitution; and | ||
(2) to the extent that the programs provide assistance | ||
to public firefighting organizations, Section 51-a-1, Article III, | ||
Texas Constitution. (Acts 75th Leg., R.S., Ch. 1263, Sec. 4.) | ||
Sec. 8504.203. AUTHORITY FOR ECONOMIC DEVELOPMENT PROGRAM; | ||
PROGRAM AREA. The authority may, in the areas served by the | ||
authority, sponsor and participate in an economic development | ||
program intended to strengthen the economic base and further the | ||
economic development of this state. The program may not be outside | ||
the areas served by the authority unless the authority has entered | ||
into an interlocal agreement with an entity under Section 8504.205. | ||
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13B(a).) | ||
Sec. 8504.204. ESTABLISHMENT OF PROGRAM. Each economic | ||
development program must be established by formal action of the | ||
board. The board shall: | ||
(1) establish the goals of the program; | ||
(2) impose requirements on persons participating in | ||
and receiving the benefits of the program; and | ||
(3) provide restrictions, procedures, and budget | ||
limits that the board determines are necessary to ensure that the | ||
governmental purposes of this subchapter and the program are | ||
achieved. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13B(b).) | ||
Sec. 8504.205. PARTICIPATION IN PROGRAM BY OTHER PERSONS. | ||
A program under this subchapter may involve grants or loans of | ||
money, services, or equipment to a person engaged in an economic | ||
development activity, including a public firefighting | ||
organization, governmental body, nonprofit corporation, local or | ||
regional development council, or other nonprofit or noncommercial | ||
organization. The authority may provide assistance to a for-profit | ||
entity if the assistance is necessary or appropriate to carry out an | ||
economic development program consistent with the purposes of this | ||
subchapter. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13B(c).) | ||
Sec. 8504.206. STAFFING AND FUNDING OF PROGRAM. (a) The | ||
authority may employ staff and spend authority resources to further | ||
an economic development program under this subchapter, except that | ||
the authority may not use money received from an ad valorem tax or a | ||
general appropriation to further a program. | ||
(b) The authority may apply for and receive from any source | ||
money, grants, or other assistance to carry out an economic | ||
development program under this subchapter. (Acts 43rd Leg., 1st | ||
C.S., Ch. 63, Sec. 13B(d).) | ||
Sec. 8504.207. AGREEMENT. The authority and any other | ||
public or private person may enter into an agreement with respect to | ||
an economic development program. (Acts 43rd Leg., 1st C.S., Ch. 63, | ||
Sec. 13B(e).) | ||
Sec. 8504.208. GUIDELINES FOR ASSISTANCE TO PUBLIC | ||
FIREFIGHTING ORGANIZATIONS. If the authority provides | ||
scholarships, grants, loans, or financial assistance to a public | ||
firefighting organization, the authority shall adopt guidelines to | ||
determine: | ||
(1) eligibility for the assistance; | ||
(2) the amount of grants, loans, or other assistance | ||
the authority may make available to a firefighting organization; | ||
and | ||
(3) the type of equipment, education, or training for | ||
which the assistance may be used. (Acts 43rd Leg., 1st C.S., Ch. | ||
63, Sec. 13B(f).) | ||
Sec. 8504.209. BOARD DETERMINATION CONCLUSIVE. A | ||
determination by the board that a program is intended and expected | ||
to carry out the program's stated purposes is conclusive with | ||
respect to whether the purposes of this subchapter are satisfied. | ||
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 13B(g).) | ||
[Sections 8504.210-8504.250 reserved for expansion] | ||
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8504.251. FEES AND CHARGES. (a) The board shall | ||
prescribe fees and charges to be collected for the use of water, a | ||
water connection, or another service. | ||
(b) The fees and charges must be reasonable and equitable | ||
and sufficient to produce revenue adequate to pay the items | ||
described by Subsection (c). The fees and charges may not exceed | ||
what may be reasonably necessary to fulfill the obligations imposed | ||
on the authority by this chapter. | ||
(c) The board shall pay the following items from the fees | ||
and charges: | ||
(1) all expenses necessary to the operation and | ||
maintenance of the improvements and facilities of the authority, | ||
including: | ||
(A) the cost of acquiring materials and other | ||
property necessary to maintain the improvements and facilities in | ||
good condition and to operate them efficiently; | ||
(B) necessary wages and salaries of the | ||
authority; and | ||
(C) other expenses reasonably necessary to the | ||
efficient operation of the improvements and facilities; | ||
(2) the interest on any obligation issued under this | ||
chapter and payable from the revenue from the improvements and | ||
facilities; and | ||
(3) the amount required to be paid for the payment of | ||
an obligation issued under this chapter and payable from the | ||
revenue from the improvements and facilities. | ||
(d) If the revenue received exceeds the amount required for | ||
the purposes listed in Subsection (c), the board may pay from the | ||
excess revenue the cost of improvements and replacements not | ||
covered by Subsection (c)(1) and may establish a reasonable | ||
depreciation and emergency fund. (Acts 43rd Leg., 1st C.S., Ch. 63, | ||
Sec. 13A-4.) | ||
Sec. 8504.252. TAX OR SPECIAL ASSESSMENT NOT AUTHORIZED BY | ||
CHAPTER. This chapter does not authorize the authority to levy a | ||
tax or special assessment or to create any debt payable from taxes. | ||
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 1 (part).) | ||
[Sections 8504.253-8504.300 reserved for expansion] | ||
SUBCHAPTER G. OBLIGATIONS RELATING TO BORROWED MONEY | ||
Sec. 8504.301. GENERAL POWER TO BORROW MONEY. (a) The | ||
authority may: | ||
(1) borrow money for any corporate purpose from any | ||
source; and | ||
(2) issue a note, warrant, bond, certificate of | ||
indebtedness, or other form of obligation of the authority as | ||
evidence of the borrowed money. | ||
(b) An obligation of the authority under Subsection (a) is | ||
payable only from revenue derived from authority improvements and | ||
facilities and the operation and services of the improvements and | ||
facilities. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 16.) | ||
Sec. 8504.302. COVENANTS FOR MARKETABILITY. (a) As | ||
considered necessary to ensure the marketability of obligations | ||
issued under this chapter, a resolution or order authorizing | ||
issuance may contain covenants with the holders of the obligations | ||
as to: | ||
(1) the management and operation of the authority's | ||
improvements and facilities; | ||
(2) the collection of fees and charges for the use of | ||
the improvements and facilities; | ||
(3) the disposition of the fees and charges; | ||
(4) the issuance of future obligations and the | ||
creation of future liens, mortgages, and encumbrances against the | ||
improvements and facilities and the revenue of the improvements and | ||
facilities; and | ||
(5) other pertinent matters. | ||
(b) A covenant under this section may not be inconsistent | ||
with this chapter. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 20.) | ||
Sec. 8504.303. HOLDER OF OBLIGATION MAY COMPEL PERFORMANCE. | ||
(a) A holder of obligations issued under this chapter or of coupons | ||
originally attached to the obligations may enforce and compel the | ||
board's performance of all duties required by this chapter, | ||
including: | ||
(1) setting and collecting reasonable and sufficient | ||
fees or charges for the use of the authority's improvements and | ||
facilities; | ||
(2) segregating the income and revenue of the | ||
improvements and facilities; and | ||
(3) applying the income and revenue under this | ||
chapter. | ||
(b) The holder of the obligations or coupons may act under | ||
Subsection (a): | ||
(1) at law or in equity; and | ||
(2) by an action, mandamus, or other proceeding. | ||
(Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 22 (part).) | ||
Sec. 8504.304. HOLDER OF OBLIGATION ENTITLED TO | ||
ADMINISTRATOR OR RECEIVER. (a) If there is a default in the | ||
payment of the principal of or interest on an obligation issued | ||
under this chapter, any holder of the obligation is entitled to have | ||
a court appoint an administrator or receiver to administer and | ||
operate, on behalf of the authority and the holders of the | ||
obligation, the improvements and facilities the revenue of which is | ||
pledged to the payment of the obligation. | ||
(b) The administrator or receiver may: | ||
(1) set and collect fees and charges sufficient to: | ||
(A) provide for the payment of operation and | ||
maintenance expenses as described by this chapter; and | ||
(B) pay any outstanding obligations or interest | ||
coupons payable from the revenue of the improvements and | ||
facilities; and | ||
(2) apply the income and revenue of the improvements | ||
and facilities in accordance with this chapter and the proceedings | ||
authorizing the issuance of the obligation. (Acts 43rd Leg., 1st | ||
C.S., Ch. 63, Sec. 22 (part).) | ||
Sec. 8504.305. ADDITIONAL SECURITY FOR OBLIGATION: | ||
MORTGAGE AND ENCUMBRANCE. (a) As additional security for the | ||
payment of an obligation issued under this chapter, the board may | ||
have executed in favor of the holder of the obligation an indenture | ||
mortgaging and encumbering: | ||
(1) the improvements, facilities, and other property | ||
acquired with the proceeds of the sale of the obligation; or | ||
(2) all the authority's improvements, facilities, and | ||
other property. | ||
(b) The indenture may also mortgage and encumber the revenue | ||
to be derived from the operation of the improvements, facilities, | ||
and other property. | ||
(c) In the encumbrance, the board may provide for granting | ||
to any purchaser at a foreclosure sale under the encumbrance a | ||
franchise to operate the improvements, facilities, and other | ||
property for a term not to exceed 50 years after the date of the | ||
purchase, subject to the laws regulating the matter. | ||
(d) The indenture: | ||
(1) may contain the provisions the board considers | ||
proper; and | ||
(2) is enforceable in the manner provided by the laws | ||
of this state for the enforcement of other mortgages and | ||
encumbrances. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 23 (part).) | ||
Sec. 8504.306. SALE UNDER MORTGAGE OR ENCUMBRANCE. (a) | ||
Under a sale ordered under a mortgage or encumbrance described by | ||
Section 8504.305, a purchaser of the improvements, facilities, and | ||
other property at the sale, and the purchaser's successors or | ||
assigns, are vested with a permit and franchise to maintain and | ||
operate the improvements, facilities, and other property, with | ||
powers and privileges like those held by the authority in the | ||
operation of the improvements, facilities, and other property. | ||
(b) Instead of operating the improvements, facilities, and | ||
other property as provided by Subsection (a), the purchaser and the | ||
purchaser's successors or assigns may remove all or part of the | ||
improvements, facilities, and other property for diversion to other | ||
purposes. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. 23 (part).) | ||
Sec. 8504.307. INSURING IMPROVEMENTS AND FACILITIES. (a) | ||
The board and the purchaser of an obligation issued under this | ||
chapter may enter into an agreement under which the board agrees to: | ||
(1) keep all the improvements and facilities, the | ||
revenue of which is pledged to the payment of the obligation, | ||
insured with one or more insurers of good standing against loss or | ||
damage by fire, water or flood, or another hazard that private | ||
companies operating similar properties customarily cover by | ||
insurance; and | ||
(2) carry with one or more insurers of good standing | ||
the insurance covering the use and occupancy of the property that is | ||
customarily carried by private companies operating similar | ||
properties. | ||
(b) The board shall budget the cost of the insurance as a | ||
maintenance and operation expense. | ||
(c) The insurance shall be carried for the benefit of the | ||
holder of the obligation. (Acts 43rd Leg., 1st C.S., Ch. 63, Sec. | ||
25; New.) | ||
Sec. 8504.308. TAX EXEMPTION. An obligation issued under | ||
this chapter is exempt from taxation by this state or by any | ||
political subdivision of this state. (Acts 43rd Leg., 1st C.S., Ch. | ||
63, Sec. 26.) | ||
CHAPTER 8505. CENTRAL COLORADO RIVER AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8505.001. DEFINITIONS | ||
Sec. 8505.002. CREATION AND NATURE OF AUTHORITY | ||
Sec. 8505.003. TERRITORY | ||
Sec. 8505.004. LIBERAL CONSTRUCTION OF CHAPTER | ||
[Sections 8505.005-8505.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS | ||
Sec. 8505.051. MEMBERSHIP OF BOARD | ||
Sec. 8505.052. TERMS | ||
Sec. 8505.053. REMOVAL | ||
Sec. 8505.054. VACANCY | ||
Sec. 8505.055. COMPENSATION OF DIRECTORS | ||
Sec. 8505.056. VOTING REQUIREMENT | ||
Sec. 8505.057. OFFICERS AND EMPLOYEES | ||
Sec. 8505.058. SURETY BONDS | ||
Sec. 8505.059. AUTHORITY'S DOMICILE AND OFFICE | ||
Sec. 8505.060. CONFLICT OF INTEREST; CRIMINAL PENALTY | ||
[Sections 8505.061-8505.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8505.101. GENERAL POWERS | ||
Sec. 8505.102. POWERS RELATED TO WATER OF COLORADO | ||
RIVER AND ITS TRIBUTARIES | ||
Sec. 8505.103. DEVELOPMENT, GENERATION, DISTRIBUTION, | ||
AND SALE OF WATER POWER AND ELECTRIC | ||
ENERGY | ||
Sec. 8505.104. PREVENTION OF DAMAGE TO PERSONS OR | ||
PROPERTY | ||
Sec. 8505.105. FORESTATION AND REFORESTATION; | ||
PREVENTION OF SOIL EROSION AND FLOODS | ||
Sec. 8505.106. AUTHORITY PROPERTY; EMINENT DOMAIN | ||
Sec. 8505.107. SALE, LEASE, MORTGAGE, OR OTHER | ||
DISPOSITION OF AUTHORITY PROPERTY | ||
Sec. 8505.108. OVERFLOW OR INUNDATION OF PUBLIC | ||
PROPERTY; RELOCATION OF ROADS | ||
Sec. 8505.109. CONSTRUCTION, MAINTENANCE, AND | ||
OPERATION OF FACILITIES | ||
Sec. 8505.110. SEAL | ||
Sec. 8505.111. GENERAL CONTRACT POWERS | ||
Sec. 8505.112. CONTRACTS RELATING TO WATER OR SOIL | ||
CONSERVATION PROJECTS | ||
Sec. 8505.113. ADDITIONAL POWERS RELATING TO | ||
CONTRACTS, RULES, AND REGULATIONS | ||
Sec. 8505.114. LIMITATIONS ON POWERS OF AUTHORITY | ||
Sec. 8505.115. PUBLIC USE OF AUTHORITY'S LAND | ||
[Sections 8505.116-8505.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8505.151. DISBURSEMENT OF MONEY | ||
Sec. 8505.152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; | ||
PUBLIC INSPECTION | ||
Sec. 8505.153. FILING OF COPIES OF AUDIT REPORT | ||
Sec. 8505.154. RATES AND OTHER CHARGES | ||
Sec. 8505.155. USE OF EXCESS REVENUE | ||
Sec. 8505.156. TAX OR ASSESSMENT OR PLEDGE OF CREDIT | ||
OF STATE NOT AUTHORIZED BY CHAPTER | ||
[Sections 8505.157-8505.200 reserved for expansion] | ||
SUBCHAPTER E. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS | ||
Sec. 8505.201. LOANS AND GRANTS | ||
Sec. 8505.202. STATE PLEDGE REGARDING RIGHTS AND | ||
REMEDIES OF BONDHOLDERS | ||
Sec. 8505.203. OBLIGATION PAYABLE FROM REVENUE | ||
Sec. 8505.204. POWER TO ISSUE BONDS | ||
Sec. 8505.205. TERMS OF ISSUANCE | ||
Sec. 8505.206. DEPOSIT OF PROCEEDS | ||
Sec. 8505.207. RESOLUTION PROVISIONS | ||
Sec. 8505.208. DEFAULT PROCEDURES | ||
Sec. 8505.209. POWER OF AUTHORITY TO PURCHASE BONDS | ||
ISSUED BY AUTHORITY | ||
Sec. 8505.210. BONDS EXEMPT FROM TAXATION | ||
CHAPTER 8505. CENTRAL COLORADO RIVER AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8505.001. DEFINITIONS. In this chapter: | ||
(1) "Authority" means the Central Colorado River | ||
Authority. | ||
(2) "Board" means the board of directors of the | ||
authority. | ||
(3) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(4) "Director" means a member of the board. (Acts 44th | ||
Leg., R.S., G.L., Ch. 338, Secs. 1 (part), 4(a) (part); New.) | ||
Sec. 8505.002. CREATION AND NATURE OF AUTHORITY. (a) The | ||
authority is created as a conservation and reclamation district. | ||
(b) The creation of the authority is essential to the | ||
accomplishment of the purposes of Section 59, Article XVI, Texas | ||
Constitution. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 1 (part).) | ||
Sec. 8505.003. TERRITORY. Unless modified under Subchapter | ||
J, Chapter 49, Water Code, or other law, the authority's territory | ||
consists of that part of this state included in the boundaries of | ||
Coleman County. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 1 | ||
(part); New.) | ||
Sec. 8505.004. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed to effect its purposes. (Acts | ||
44th Leg., R.S., G.L., Ch. 338, Secs. 19, 19A.) | ||
[Sections 8505.005-8505.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS | ||
Sec. 8505.051. MEMBERSHIP OF BOARD. (a) The board consists | ||
of five directors appointed by the governor with the advice and | ||
consent of the senate. | ||
(b) Each director must be a freehold property taxpayer in | ||
this state and a resident of the authority. | ||
(c) A person is ineligible to be appointed as a director if, | ||
during the three years preceding the date of the appointment, the | ||
person has been employed by a utility company, including an | ||
electric power and light company, a gas company, or a telephone | ||
company. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 4(a) (part).) | ||
Sec. 8505.052. TERMS. Directors are appointed for | ||
staggered terms of six years with one or two directors' terms | ||
expiring on February 1 of each odd-numbered year. (Acts 44th Leg., | ||
R.S., G.L., Ch. 338, Sec. 4(a) (part).) | ||
Sec. 8505.053. REMOVAL. A director may be removed by the | ||
governor for inefficiency, neglect of duty, or misconduct in | ||
office, after at least 10 days' written notice of the charge against | ||
the director and an opportunity to be heard in person or by counsel | ||
at a public hearing. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. | ||
4(b) (part).) | ||
Sec. 8505.054. VACANCY. A vacancy on the board shall be | ||
filled by the governor for the unexpired term. (Acts 44th Leg., | ||
R.S., G.L., Ch. 338, Sec. 4(b) (part).) | ||
Sec. 8505.055. COMPENSATION OF DIRECTORS. Unless the board | ||
by resolution increases the fee to an amount authorized by Section | ||
49.060, Water Code, each director shall receive a fee of $10 per day | ||
for each day spent in attending meetings of the board. (Acts 44th | ||
Leg., R.S., G.L., Ch. 338, Sec. 4(b) (part); New.) | ||
Sec. 8505.056. VOTING REQUIREMENT. (a) Except as provided | ||
by this chapter or the bylaws, action may be taken by the | ||
affirmative vote of a majority of the directors present at a | ||
meeting. | ||
(b) The following are valid only if authorized or ratified | ||
by the affirmative vote of at least a majority of the entire | ||
membership of the board: | ||
(1) a contract that involves an amount greater than | ||
$10,000 or has a duration of more than one year; | ||
(2) a bond, note, or other evidence of indebtedness; | ||
or | ||
(3) an amendment of the bylaws. (Acts 44th Leg., R.S., | ||
G.L., Ch. 338, Sec. 4(c) (part).) | ||
Sec. 8505.057. OFFICERS AND EMPLOYEES. (a) The board shall | ||
select a secretary, a general manager, and a treasurer. The | ||
treasurer may also hold the office of secretary. | ||
(b) The secretary shall keep accurate and complete records | ||
of all proceedings of the board. | ||
(c) Until the board selects a secretary, or if the secretary | ||
is absent or unable to act, the board shall select a secretary pro | ||
tem. | ||
(d) The general manager is the chief executive officer of | ||
the authority. | ||
(e) The secretary, secretary pro tem, general manager, and | ||
treasurer have the powers and duties, hold office for the term, and | ||
are subject to removal in the manner provided by the bylaws. | ||
(f) The board shall set the compensation of the secretary, | ||
secretary pro tem, general manager, and treasurer. | ||
(g) The board may appoint other officers, agents, and | ||
employees, set their compensation and term of office, prescribe | ||
their duties and the method by which they may be removed, and | ||
delegate to them any of its powers and duties as it considers | ||
proper. (Acts 44th Leg., R.S., G.L., Ch. 338, Secs. 2 (part), 5.) | ||
Sec. 8505.058. SURETY BONDS. (a) The general manager, the | ||
treasurer, and any other officer, agent, or employee of the | ||
authority who is charged with the collection, custody, or payment | ||
of authority money shall give bond conditioned on: | ||
(1) the faithful performance of the person's duties; | ||
and | ||
(2) an accounting for all money and property of the | ||
authority coming into the person's possession. | ||
(b) The bond must be in a form and amount and with a surety | ||
approved by the board, and the surety on the bond must be a surety | ||
company authorized to do business in this state. | ||
(c) The authority shall pay the premium on the bond and | ||
charge the premium as an operating expense. (Acts 44th Leg., R.S., | ||
G.L., Ch. 338, Sec. 6 (part).) | ||
Sec. 8505.059. AUTHORITY'S DOMICILE AND OFFICE. (a) The | ||
authority's domicile is in the city of Coleman, Coleman County. | ||
(b) The authority shall maintain its principal office in the | ||
city of Coleman, Coleman County. | ||
(c) The general manager is in charge of the authority's | ||
principal office. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 7 | ||
(part).) | ||
Sec. 8505.060. CONFLICT OF INTEREST; CRIMINAL PENALTY. (a) | ||
A director, officer, agent, or employee of the authority may not be | ||
directly or indirectly interested in a contract for the purchase of | ||
any property or construction of any work by or for the authority. | ||
(b) A person commits an offense if the person violates this | ||
section. An offense under this subsection is a felony punishable | ||
by: | ||
(1) a fine not to exceed $10,000; | ||
(2) confinement in the county jail for not less than | ||
one year or more than 10 years; or | ||
(3) both the fine and confinement. (Acts 44th Leg., | ||
R.S., G.L., Ch. 338, Sec. 8.) | ||
[Sections 8505.061-8505.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8505.101. GENERAL POWERS. (a) The authority 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 on any district created under Section 59, | ||
Article XVI, Texas Constitution, except as expressly limited by | ||
this chapter. | ||
(b) The authority may perform any act necessary or | ||
convenient to the exercise of the powers, rights, privileges, or | ||
functions conferred on the authority by this chapter or any other | ||
law. (Acts 44th Leg., R.S., G.L., Ch. 338, Secs. 1 (part), 2 | ||
(part).) | ||
Sec. 8505.102. POWERS RELATED TO WATER OF COLORADO RIVER | ||
AND ITS TRIBUTARIES. Inside the boundaries of the authority, the | ||
authority may: | ||
(1) control, store, and preserve the water of the | ||
Colorado River and its tributaries for any useful purpose; and | ||
(2) use, distribute, and sell the water described by | ||
Subdivision (1) for any useful purpose. (Acts 44th Leg., R.S., | ||
G.L., Ch. 338, Sec. 2 (part).) | ||
Sec. 8505.103. DEVELOPMENT, GENERATION, DISTRIBUTION, AND | ||
SALE OF WATER POWER AND ELECTRIC ENERGY. (a) The authority may: | ||
(1) develop and generate water power and electric | ||
energy inside the boundaries of the authority; and | ||
(2) distribute and sell water power and electric | ||
energy inside or outside the boundaries of the authority. | ||
(b) A use authorized by this section is subordinate and | ||
inferior to a domestic, municipal, or irrigation requirement. | ||
(Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).) | ||
Sec. 8505.104. PREVENTION OF DAMAGE TO PERSONS OR PROPERTY. | ||
The authority may prevent or aid in the prevention of damage to | ||
persons or property from the water of the Colorado River and its | ||
tributaries. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).) | ||
Sec. 8505.105. FORESTATION AND REFORESTATION; PREVENTION | ||
OF SOIL EROSION AND FLOODS. In the watershed of the Colorado River | ||
and its tributaries, the authority may: | ||
(1) forest, reforest, or aid in foresting or | ||
reforesting; and | ||
(2) prevent or aid in the prevention of soil erosion | ||
and floods. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).) | ||
Sec. 8505.106. AUTHORITY PROPERTY; EMINENT DOMAIN. (a) | ||
The authority may acquire, maintain, use, and operate property of | ||
any kind or any interest in property, inside or outside the | ||
boundaries of the authority, necessary or convenient to the | ||
exercise of the powers, rights, privileges, and functions conferred | ||
on the authority by this chapter. | ||
(b) Except as provided by Subsection (d), the authority may | ||
acquire property or an interest in property as provided by | ||
Subsection (a) by purchase, lease, gift, exercise of the power of | ||
eminent domain, or any other manner. | ||
(c) The authority may acquire property or an interest in | ||
property by exercise of the power of eminent domain in the manner | ||
provided by: | ||
(1) Chapter 21, Property Code; or | ||
(2) the statutes relating to condemnation by districts | ||
organized under general law under Section 59, Article XVI, Texas | ||
Constitution. | ||
(d) The authority may not exercise the power of eminent | ||
domain to acquire property or an interest in property that is | ||
located outside the boundaries of the authority. (Acts 44th Leg., | ||
R.S., G.L., Ch. 338, Sec. 2 (part).) | ||
Sec. 8505.107. SALE, LEASE, MORTGAGE, OR OTHER DISPOSITION | ||
OF AUTHORITY PROPERTY. (a) The authority may not: | ||
(1) mortgage or otherwise encumber authority property | ||
of any kind, or any interest in authority property; or | ||
(2) acquire any property or interest in property | ||
subject to a mortgage or conditional sale. | ||
(b) Subsection (a) does not prevent pledging authority | ||
revenue as authorized by this chapter. | ||
(c) This chapter does not authorize the sale, lease, or | ||
other disposition of authority property of any kind, or an interest | ||
in authority property, by the authority, by a receiver of any | ||
authority property, through a court proceeding, or otherwise. | ||
(d) Notwithstanding Subsection (c), the authority may sell | ||
for cash authority property of any kind, or an interest in authority | ||
property, if: | ||
(1) the board, by the affirmative vote of a two-thirds | ||
majority of the entire membership of the board, determines that the | ||
property or interest is not necessary or convenient to the business | ||
of the authority and approves the terms of the sale; and | ||
(2) the aggregate value of the properties or interests | ||
sold in any year does not exceed $50,000. | ||
(e) It is the intent of the legislature that, except by sale | ||
as expressly authorized by this section, authority property or an | ||
interest in authority property, except personal property, never | ||
come into the ownership or control, directly or indirectly, of any | ||
person other than a public authority created under the laws of this | ||
state. | ||
(f) Authority property, except personal property, is exempt | ||
from forced sale. The sale of authority property, except personal | ||
property, under a judgment rendered in a suit is prohibited. (Acts | ||
44th Leg., R.S., G.L., Ch. 338, Secs. 2 (part), 15.) | ||
Sec. 8505.108. OVERFLOW OR INUNDATION OF PUBLIC PROPERTY; | ||
RELOCATION OF ROADS. The authority may overflow and inundate any | ||
public land or public property and require the relocation of a road | ||
or highway in the manner and to the extent permitted to a district | ||
organized under general law under Section 59, Article XVI, Texas | ||
Constitution. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).) | ||
Sec. 8505.109. CONSTRUCTION, MAINTENANCE, AND OPERATION OF | ||
FACILITIES. The authority may construct, extend, improve, | ||
maintain, and reconstruct, cause to be constructed, extended, | ||
improved, maintained, and reconstructed, and use and operate | ||
facilities of any kind necessary or convenient to the exercise of | ||
the authority's powers, rights, privileges, and functions. (Acts | ||
44th Leg., R.S., G.L., Ch. 338, Sec. 2 (part).) | ||
Sec. 8505.110. SEAL. The authority may adopt and use a | ||
corporate seal. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 2 | ||
(part).) | ||
Sec. 8505.111. GENERAL CONTRACT POWERS. The authority may | ||
make a contract or execute an instrument necessary or convenient to | ||
the exercise of the powers, rights, privileges, and functions | ||
conferred on the authority by this chapter. (Acts 44th Leg., R.S., | ||
G.L., Ch. 338, Sec. 2 (part).) | ||
Sec. 8505.112. CONTRACTS RELATING TO WATER OR SOIL | ||
CONSERVATION PROJECTS. (a) The authority may enter into a contract | ||
with an individual, firm, association, or corporation for the | ||
construction of a water or soil conservation project on property | ||
owned or controlled by the individual, firm, association, or | ||
corporation and use machinery, equipment, or facilities owned or | ||
controlled by the authority. | ||
(b) The authority may enter into a contract with the | ||
governing board of a governmental agency inside or outside the | ||
boundaries of the authority for the purpose of supervising the | ||
construction of a water or soil conservation project on property | ||
located in the control or in the limits of the governmental agency. | ||
(c) An individual, firm, association, corporation, or | ||
governmental agency that enters into a contract with the authority | ||
under this section shall pay a reasonable charge therefor. | ||
(d) The authority is not liable for damages to any person or | ||
property in connection with, or for maintenance or upkeep of, a | ||
project contracted for and constructed under this section. (Acts | ||
44th Leg., R.S., G.L., Ch. 338, Secs. 13A, 13-b.) | ||
Sec. 8505.113. ADDITIONAL POWERS RELATING TO CONTRACTS, | ||
RULES, AND REGULATIONS. The authority may enter into and carry out | ||
contracts or establish or comply with rules and regulations | ||
concerning labor and materials and other related matters in | ||
connection with any project the authority considers desirable or as | ||
requested by the United States, or any corporation or agency | ||
created, designated, or established by the United States, that may | ||
assist in the financing of the project. (Acts 44th Leg., R.S., | ||
G.L., Ch. 338, Sec. 13.) | ||
Sec. 8505.114. LIMITATIONS ON POWERS OF AUTHORITY. (a) The | ||
authority may not use water for irrigation purposes under any law or | ||
any permit that was issued before May 21, 1935, was held, owned, or | ||
enjoyed by the authority as of that date, or is acquired from | ||
another person after that date unless expressly authorized by a | ||
subsequent permit granted to the authority by the commission or a | ||
predecessor agency under authority of law. In considering permit | ||
applications by the authority, the commission shall at all times | ||
consider the needs of the people living in the watershed of the | ||
Colorado River and its tributaries above the authority. This | ||
subsection does not prevent the authority from selling, for | ||
irrigation purposes and in the boundaries of the authority, any | ||
water impounded by it under authority of law. | ||
(b) Notwithstanding any right or permit to use the water of | ||
the Colorado River and its tributaries for the generation of | ||
hydroelectric power that was issued by the former State Board of | ||
Water Engineers, was in existence as of May 21, 1935, and is | ||
acquired by the authority, the impounding and use of the | ||
floodwaters of the Colorado River and its tributaries for the | ||
generation of hydroelectric power by the authority or a person who | ||
succeeds to the rights and privileges conferred on the authority by | ||
this chapter are subject to the rights of any other person who | ||
before May 21, 1935, was impounding or as of that date was putting | ||
to beneficial use any water for the purposes described by Sections | ||
11.024(1) and (2), Water Code, if the person: | ||
(1) before May 21, 1935, received a permit for that use | ||
from the former State Board of Water Engineers; or | ||
(2) by law was permitted before May 21, 1935, to | ||
impound water for those purposes. | ||
(c) This chapter may not be construed to subject to | ||
condemnation by the authority or any successor of the authority, or | ||
by any person who succeeds to the rights and privileges conferred on | ||
the authority by this chapter, any water: | ||
(1) impounded or to be impounded inside or outside the | ||
authority under any law authorizing water to be impounded or under | ||
any permit granted to a municipal corporation or body politic; or | ||
(2) impounded or permitted to be impounded or used | ||
outside the authority under a permit granted to any person. | ||
(d) This chapter may not be construed to deprive any person | ||
of the right to impound the water of the Colorado River or its | ||
tributaries for domestic or municipal purposes or to repeal any law | ||
granting such a right to a person. | ||
(e) The rights of the authority to impound, use, or sell the | ||
water of the Colorado River and its tributaries for the generation | ||
of hydroelectric power are subordinate and inferior to the rights | ||
of: | ||
(1) municipalities situated in the watershed of the | ||
Colorado River and its tributaries to build dams and impound | ||
floodwaters for municipal purposes; and | ||
(2) any residents of this state or bodies politic to | ||
build dams and impound the floodwaters in the watershed of the | ||
Colorado River and its tributaries for domestic purposes and for | ||
the purposes of irrigation. | ||
(f) The title to any right, property, license, franchise, or | ||
permit acquired by the authority is subject to the limitations | ||
imposed by Subsection (e). (Acts 44th Leg., R.S., G.L., Ch. 338, | ||
Secs. 2 (part), 3.) | ||
Sec. 8505.115. PUBLIC USE OF AUTHORITY'S LAND. (a) The | ||
authority may prohibit free public use of its land for recreational | ||
purposes, hunting, or fishing only to the extent to which, in the | ||
opinion of the board, the use would interfere with the proper | ||
conduct and maintenance of its property. | ||
(b) All public rights-of-way that as of May 21, 1935, | ||
traversed the areas adjacent to the areas to be flooded by the | ||
impounded waters shall remain open as a way of free public passage | ||
to and from the lakes created, and a charge may be made to the public | ||
for the right to engage in hunting, fishing, or boating thereon. | ||
(c) On notice by a resident of this state of a violation of | ||
this section, the attorney general shall institute the proper legal | ||
proceedings to enforce compliance with this section by the | ||
authority or its successor. | ||
(d) If the authority sells any of the authority's land | ||
bordering a lake to be created under this chapter, the authority | ||
shall retain in each tract a strip 20 feet wide abutting the | ||
high-water line of the lake for the purpose of passage and use by | ||
the public for public sports and amusements. This subsection does | ||
not apply to a sale of land by the authority to a state or federal | ||
agency to be used for game or fish sanctuaries or preserves or for | ||
propagation purposes. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. | ||
16.) | ||
[Sections 8505.116-8505.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8505.151. DISBURSEMENT OF MONEY. The authority may | ||
disburse its money only by a check, draft, order, or other | ||
instrument signed by a person authorized to sign the instrument by | ||
the bylaws or a resolution in which at least a majority of the | ||
entire membership of the board concurs. (Acts 44th Leg., R.S., | ||
G.L., Ch. 338, Sec. 6 (part).) | ||
Sec. 8505.152. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; | ||
PUBLIC INSPECTION. (a) The authority shall keep complete and | ||
accurate accounts conforming to approved methods of bookkeeping. | ||
(b) The accounts and all contracts, documents, and records | ||
of the authority shall be kept at the principal office of the | ||
authority. | ||
(c) The contracts shall be open to public inspection at all | ||
reasonable times. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 7 | ||
(part).) | ||
Sec. 8505.153. FILING OF COPIES OF AUDIT REPORT. Copies of | ||
the audit report prepared under Subchapter G, Chapter 49, Water | ||
Code, shall be certified to by the accountant who performed the | ||
audit and filed: | ||
(1) as required by Section 49.194, Water Code; and | ||
(2) with the comptroller. (Acts 44th Leg., R.S., | ||
G.L., Ch. 338, Sec. 7 (part); New.) | ||
Sec. 8505.154. RATES AND OTHER CHARGES. (a) The board | ||
shall establish and collect rates and other charges for the sale or | ||
use of water, water connections, power, electric energy, or other | ||
services sold, provided, or supplied by the authority. | ||
(b) The rates and charges must be reasonable, | ||
nondiscriminatory, and sufficient to provide revenue adequate to: | ||
(1) pay all expenses necessary to the operation and | ||
maintenance of the properties and facilities of the authority; | ||
(2) pay the interest on and the principal of all bonds | ||
issued under this chapter when and as they become due and payable; | ||
(3) pay all sinking fund or reserve fund payments | ||
agreed to be made with respect to any of those bonds and payable out | ||
of that revenue when and as they become due and payable; and | ||
(4) fulfill the terms of any agreements made with the | ||
holders of those bonds or with any person in their behalf. | ||
(c) The rates and charges may not exceed what may be | ||
necessary to fulfill the obligations imposed on the authority by | ||
this chapter. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 9 (part).) | ||
Sec. 8505.155. USE OF EXCESS REVENUE. If the authority | ||
receives revenue in excess of that required for the purposes | ||
specified by Section 8505.154(b), the board may: | ||
(1) use the excess revenue to: | ||
(A) establish a reasonable depreciation and | ||
emergency fund; or | ||
(B) retire bonds issued under this chapter by | ||
purchase and cancellation or redemption; or | ||
(2) apply the excess revenue to any corporate purpose. | ||
(Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 9 (part).) | ||
Sec. 8505.156. TAX OR ASSESSMENT OR PLEDGE OF CREDIT OF | ||
STATE NOT AUTHORIZED BY CHAPTER. This chapter does not authorize | ||
the authority to: | ||
(1) levy or collect a tax or assessment; | ||
(2) create any debt payable out of taxes or | ||
assessments; or | ||
(3) in any way pledge the credit of this state. (Acts | ||
44th Leg., R.S., G.L., Ch. 338, Sec. 1 (part).) | ||
[Sections 8505.157-8505.200 reserved for expansion] | ||
SUBCHAPTER E. OBLIGATIONS RELATING TO BORROWED MONEY OR GRANTS | ||
Sec. 8505.201. LOANS AND GRANTS. The authority may: | ||
(1) borrow money for its corporate purposes; | ||
(2) borrow money or accept a grant from the United | ||
States and, in connection with such a loan or grant, enter into any | ||
agreement the United States or such corporation or agency may | ||
require; and | ||
(3) make and issue its bonds for money borrowed, in the | ||
manner and to the extent provided by Section 8505.203. (Acts 44th | ||
Leg., R.S., G.L., Ch. 338, Sec. 2 (part).) | ||
Sec. 8505.202. STATE PLEDGE REGARDING RIGHTS AND REMEDIES | ||
OF BONDHOLDERS. This chapter does not deprive this state of its | ||
power to regulate and control rates or charges to be collected for | ||
the use of water, water connections, power, electric energy, or | ||
another service. The state pledges to and agrees with the | ||
purchasers and successive holders of the bonds issued under this | ||
chapter that the state will not limit or alter the power this | ||
chapter gives the authority to establish and collect rates and | ||
charges that will produce revenue sufficient to pay the items | ||
specified by Section 8505.154(b) or in any way impair the rights or | ||
remedies of the holders of the bonds, or of any person in their | ||
behalf, until the following are fully discharged: | ||
(1) the bonds; | ||
(2) the interest on the bonds; | ||
(3) interest on unpaid installments of interest; | ||
(4) all costs and expenses in connection with any | ||
action or proceedings by or on behalf of the bondholders; and | ||
(5) all other obligations of the authority in | ||
connection with the bonds. (Acts 44th Leg., R.S., G.L., Ch. 338, | ||
Sec. 9 (part).) | ||
Sec. 8505.203. OBLIGATION PAYABLE FROM REVENUE. A debt, | ||
liability, or obligation of the authority for the payment of money, | ||
however entered into or incurred and whether arising from an | ||
express or implied contract or otherwise, is payable solely: | ||
(1) out of the revenue received by the authority with | ||
respect to its properties, subject to any prior lien on the revenue | ||
conferred by any resolution previously adopted as provided by this | ||
chapter authorizing the issuance of bonds; or | ||
(2) if the board so determines, out of the proceeds of | ||
sale by the authority of bonds payable solely from revenue | ||
described by Subdivision (1). (Acts 44th Leg., R.S., G.L., Ch. 338, | ||
Sec. 10.) | ||
Sec. 8505.204. POWER TO ISSUE BONDS. (a) The authority may | ||
issue bonds for any corporate purpose in an aggregate principal | ||
amount not to exceed $500,000. | ||
(b) The bonds must be authorized by a board resolution. | ||
(Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 11 (part).) | ||
Sec. 8505.205. TERMS OF ISSUANCE. Authority bonds may be: | ||
(1) sold for cash; | ||
(2) issued on terms the board determines in exchange | ||
for property of any kind, or any interest in property, that the | ||
board 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 44th Leg., R.S., G.L., Ch. 338, Sec. 11 (part).) | ||
Sec. 8505.206. 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 44th | ||
Leg., R.S., G.L., Ch. 338, Sec. 11 (part).) | ||
Sec. 8505.207. RESOLUTION PROVISIONS. (a) A resolution | ||
authorizing bonds may contain provisions approved by the board that | ||
are not inconsistent with this chapter, including provisions: | ||
(1) reserving the right to redeem the bonds at the time | ||
or times, in the amounts, and at the prices, not exceeding 105 | ||
percent of the principal amount of the bonds, plus accrued | ||
interest, as may be provided; | ||
(2) providing for the setting aside of sinking funds | ||
or reserve funds and the regulation and disposition of those funds; | ||
(3) pledging, to secure the payment of the principal | ||
of and interest on the bonds and of the sinking fund or reserve fund | ||
payments agreed to be made with respect to the bonds: | ||
(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) prescribing the purposes to which the bonds or any | ||
bonds subsequently to be issued, or the proceeds of the bonds, may | ||
be applied; | ||
(5) agreeing to set and collect rates and charges | ||
sufficient to produce revenue adequate to pay the items specified | ||
by Section 8505.154(b) and prescribing the use and disposition of | ||
all revenue; | ||
(6) prescribing limitations on the issuance of | ||
additional bonds and on the agreements that may be made with the | ||
purchasers and successive holders of those bonds; | ||
(7) with regard to the construction, extension, | ||
improvement, reconstruction, operation, maintenance, and repair of | ||
the properties of the authority and the carrying of insurance on all | ||
or any part of those properties covering loss or damage or loss of | ||
use and occupancy resulting from specified risks; | ||
(8) setting the procedure, if any, by which, if the | ||
authority so desires, the terms of a contract with the bondholders | ||
may be amended or abrogated, the amount of bonds the holders of | ||
which must consent to that amendment or abrogation, and the manner | ||
in which the consent may be given; and | ||
(9) 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 or all 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 44th Leg., R.S., G.L., Ch. 338, Sec. 11 | ||
(part).) | ||
Sec. 8505.208. DEFAULT PROCEDURES. (a) This section | ||
applies only to a default in: | ||
(1) the payment of the interest on bonds as the | ||
interest becomes due and payable; | ||
(2) the payment of the principal of bonds as they | ||
become due and payable, whether at maturity, by call for | ||
redemption, or otherwise; or | ||
(3) the performance of an agreement made with the | ||
purchasers or successive holders of bonds. | ||
(b) A resolution authorizing bonds and any indenture or | ||
agreement entered into under the resolution may provide that in the | ||
event of a default described by Subsection (a) that continues for a | ||
period, if any, prescribed by the resolution, the trustee under the | ||
indenture entered into with respect to the bonds authorized by the | ||
resolution, or, if there is no indenture, a trustee appointed in the | ||
manner provided in the resolution by the holders of 25 percent in | ||
aggregate principal amount of the bonds authorized by the | ||
resolution and then outstanding may, and on the written request of | ||
the holders of 25 percent in aggregate principal amount of the bonds | ||
authorized by the resolution then outstanding, shall, in the | ||
trustee's own name, but for the equal and proportionate benefit of | ||
the holders of all of the bonds, and with or without having | ||
possession of the bonds: | ||
(1) by mandamus or other suit, action, or proceeding | ||
at law or in equity, enforce all rights of the bondholders; | ||
(2) bring suit on the bonds or the appurtenant | ||
coupons; | ||
(3) by action or suit in equity, require the authority | ||
to account as if it were the trustee of an express trust for the | ||
bondholders; | ||
(4) by action or suit in equity, enjoin any acts or | ||
things that may be unlawful or in violation of the rights of the | ||
bondholders; or | ||
(5) after such notice to the authority as the | ||
resolution may provide, declare the principal of all of the bonds | ||
due and payable, and if all defaults have been made good, then with | ||
the written consent of the holders of 25 percent in aggregate | ||
principal amount of the bonds then outstanding, annul the | ||
declaration and its consequences. | ||
(c) Notwithstanding Subsection (b), the holders of more | ||
than a majority in principal amount of the bonds authorized by the | ||
resolution and then outstanding, by written instrument delivered to | ||
the trustee, are entitled to direct and control any and all action | ||
taken or to be taken by the trustee under this section. | ||
(d) A resolution, indenture, or agreement relating to bonds | ||
may provide that in a suit, action, or proceeding under this | ||
section, the trustee, whether or not all of the bonds have been | ||
declared due and payable and with or without possession of any of | ||
the bonds, is entitled to the appointment of a receiver who may: | ||
(1) enter and take possession of all or any part of the | ||
properties of the authority; | ||
(2) operate and maintain the properties; | ||
(3) set, collect, and receive rates and charges | ||
sufficient to provide revenue adequate to pay the items specified | ||
by Section 8505.154(b) and the costs and disbursements of the suit, | ||
action, or proceeding; and | ||
(4) apply the revenue in conformity with this chapter | ||
and the resolution authorizing the bonds. | ||
(e) In a suit, action, or proceeding by a trustee under this | ||
section, the reasonable fees, attorney's fees, and expenses of the | ||
trustee and of the receiver, if any, constitute taxable | ||
disbursements, and all costs and disbursements allowed by the court | ||
are a first charge on any revenue pledged to secure the payment of | ||
the bonds. | ||
(f) The courts of Coleman County have jurisdiction of a | ||
suit, action, or proceeding by a trustee on behalf of the | ||
bondholders and of all property involved in the suit, action, or | ||
proceeding. | ||
(g) In addition to the powers specifically provided by this | ||
section, a trustee has all powers necessary or appropriate for the | ||
exercise of the powers specifically provided or incident to the | ||
general representation of the bondholders in the enforcement of | ||
their rights. (Acts 44th Leg., R.S., G.L., Ch. 338, Sec. 11 | ||
(part).) | ||
Sec. 8505.209. POWER OF AUTHORITY TO PURCHASE BONDS ISSUED | ||
BY AUTHORITY. (a) Using any money available for the purpose, the | ||
authority may purchase bonds issued by it at a price not exceeding | ||
the redemption price applicable at the time of the purchase, or, if | ||
the bonds are not redeemable, at a price not exceeding the principal | ||
amount of the bonds plus accrued interest. | ||
(b) All bonds purchased under this section shall be | ||
canceled, and bonds may not be issued in lieu of those bonds. (Acts | ||
44th Leg., R.S., G.L., Ch. 338, Sec. 14.) | ||
Sec. 8505.210. BONDS EXEMPT FROM TAXATION. A bond issued | ||
under this chapter and the interest on the bond is exempt from | ||
taxation, except inheritance taxes, by this state or by any | ||
political subdivision of this state. (Acts 44th Leg., R.S., G.L., | ||
Ch. 338, Sec. 17.) | ||
SECTION 1.05. Subtitle H, Title 6, Special District Local | ||
Laws Code, is amended by adding Chapters 8847, 8853, 8858, 8861, | ||
8862, 8863, 8864, 8865, 8866, 8867, 8868, 8869, and 8870 to read as | ||
follows: | ||
CHAPTER 8847. PINEYWOODS GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8847.001. DEFINITIONS | ||
Sec. 8847.002. NATURE OF DISTRICT | ||
Sec. 8847.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8847.004. DISTRICT TERRITORY | ||
Sec. 8847.005. ADDITION OF ADJACENT COUNTY TO DISTRICT | ||
Sec. 8847.006. LANDOWNERS' RIGHTS | ||
[Sections 8847.007-8847.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8847.051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8847.052. APPOINTMENT OF DIRECTORS BY INITIAL | ||
COUNTIES | ||
Sec. 8847.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL | ||
COUNTIES | ||
Sec. 8847.054. BOARD VACANCY | ||
Sec. 8847.055. COMPENSATION; EXPENSES | ||
Sec. 8847.056. VOTE REQUIRED FOR BOARD ACTION | ||
[Sections 8847.057-8847.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8847.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
Sec. 8847.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT | ||
Sec. 8847.103. WELLS EXEMPT FROM REGULATION | ||
Sec. 8847.104. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS | ||
Sec. 8847.105. NO EMINENT DOMAIN POWER | ||
[Sections 8847.106-8847.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8847.151. TAXES PROHIBITED | ||
Sec. 8847.152. TAX BONDS PROHIBITED | ||
Sec. 8847.153. PERMIT FEES | ||
CHAPTER 8847. PINEYWOODS GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8847.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Pineywoods Groundwater | ||
Conservation District. (Acts 77th Leg., R.S., Ch. 1330, Sec. 2; | ||
New.) | ||
Sec. 8847.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Angelina and Nacogdoches | ||
Counties created under and essential to accomplish the purposes of | ||
Section 59, Article XVI, Texas Constitution. (Acts 77th Leg., | ||
R.S., Ch. 1330, Secs. 1(a) (part), (b).) | ||
Sec. 8847.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1330, Sec. 4.) | ||
Sec. 8847.004. DISTRICT TERRITORY. The district's | ||
boundaries are coextensive with the boundaries of Angelina and | ||
Nacogdoches Counties unless the district's territory has been | ||
modified under: | ||
(1) Section 8847.005; | ||
(2) Subchapter J or K, Chapter 36, Water Code; or | ||
(3) other law. (Acts 77th Leg., R.S., Ch. 1330, Sec. 3; | ||
New.) | ||
Sec. 8847.005. ADDITION OF ADJACENT COUNTY TO DISTRICT. | ||
(a) An adjacent county may petition to join the district by | ||
resolution of the commissioners court of the county. | ||
(b) If, after a hearing on the resolution, the board finds | ||
that the addition of the county would benefit the district and the | ||
county to be added, the board by resolution may approve the addition | ||
of the county to the district. | ||
(c) The addition of a county to the district under this | ||
section is not final until ratified by a majority vote of the voters | ||
in the county to be added voting in an election held for that | ||
purpose. | ||
(d) The ballots for the election shall be printed to provide | ||
for voting for or against the proposition: "The inclusion of | ||
________ County in the Pineywoods Groundwater Conservation | ||
District." (Acts 77th Leg., R.S., Ch. 1330, Secs. 11(a), (b), (c), | ||
(d).) | ||
Sec. 8847.006. LANDOWNERS' RIGHTS. The rights of | ||
landowners and their lessees and assigns in groundwater within the | ||
district are recognized. Nothing in this chapter may be construed | ||
to deprive or divest the landowners or their lessees or assigns of | ||
those rights, subject to district rules. (Acts 77th Leg., R.S., Ch. | ||
1330, Sec. 9.) | ||
[Sections 8847.007-8847.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8847.051. COMPOSITION OF BOARD; TERMS. (a) Except as | ||
provided by Section 8847.053, the district is governed by a board of | ||
seven directors appointed under Section 8847.052. | ||
(b) Directors serve three-year terms. | ||
(c) A director may serve consecutive terms. (Acts 77th | ||
Leg., R.S., Ch. 1330, Secs. 6(a) (part), (b) (part), (f).) | ||
Sec. 8847.052. APPOINTMENT OF DIRECTORS BY INITIAL | ||
COUNTIES. (a) The Angelina County Commissioners Court shall | ||
appoint two directors. One director shall represent the rural water | ||
and utilities and small municipal water supply interests. The other | ||
director shall represent the large industrial groundwater supply | ||
interests of the county. | ||
(b) The Nacogdoches County Commissioners Court shall | ||
appoint two directors. One director shall represent the rural water | ||
and utilities and small municipal water supply interests. The other | ||
director shall represent the forestry or agricultural groundwater | ||
supply interests of the county. | ||
(c) The Lufkin City Council shall appoint one director. | ||
(d) The Nacogdoches City Council shall appoint one | ||
director. | ||
(e) The Angelina County Commissioners Court and the | ||
Nacogdoches County Commissioners Court shall jointly appoint one | ||
director to represent the forestry, agricultural, or landowner | ||
groundwater interests of both counties. (Acts 77th Leg., R.S., Ch. | ||
1330, Secs. 7(a), (b), (c), (d), (e).) | ||
Sec. 8847.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL | ||
COUNTIES. When a county is added to the district, the board may | ||
change the number of directors so that an equal number of directors | ||
are appointed from each county and one director is appointed | ||
jointly by the counties. (Acts 77th Leg., R.S., Ch. 1330, Sec. 6(a) | ||
(part).) | ||
Sec. 8847.054. BOARD VACANCY. If there is a vacancy on the | ||
board, the governing body of the entity that appointed the director | ||
who vacated the office shall appoint a director to serve the | ||
remainder of the term. (Acts 77th Leg., R.S., Ch. 1330, Sec. 6(g).) | ||
Sec. 8847.055. COMPENSATION; EXPENSES. (a) A director is | ||
not entitled to receive compensation for serving as a director. | ||
(b) A director may be reimbursed for actual, reasonable | ||
expenses incurred in discharging official duties. (Acts 77th Leg., | ||
R.S., Ch. 1330, Sec. 6(h).) | ||
Sec. 8847.056. VOTE REQUIRED FOR BOARD ACTION. A majority | ||
vote of a quorum of the board is required for board action. If there | ||
is a tie vote, the proposed action fails. (Acts 77th Leg., R.S., | ||
Ch. 1330, Sec. 6(i).) | ||
[Sections 8847.057-8847.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8847.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. Except as provided by this subchapter and Subchapter D, | ||
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 | ||
77th Leg., R.S., Ch. 1330, Sec. 5(a) (part).) | ||
Sec. 8847.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT. | ||
(a) The district by rule may require a person to obtain a permit | ||
from the district for the transfer of groundwater out of the | ||
district consistent with Section 36.122, Water Code, and may | ||
regulate the terms on which a permit holder under those rules may | ||
conduct such a transfer. | ||
(b) A retail public utility as defined by Section 13.002, | ||
Water Code, is not required to obtain a permit to transfer | ||
groundwater out of the district if: | ||
(1) the source of the water is one or more wells | ||
located within the district; and | ||
(2) the water is used by the retail public utility to | ||
provide retail water utility service, as defined by Section 13.002, | ||
Water Code, in a service area located in a county adjacent to the | ||
district. (Acts 77th Leg., R.S., Ch. 1330, Sec. 5(b).) | ||
Sec. 8847.103. WELLS EXEMPT FROM REGULATION. (a) The | ||
district may not require a permit for a well incapable of producing | ||
more than 25,000 gallons of groundwater a day. | ||
(b) A well meeting the criteria established under Section | ||
36.117, Water Code, including a well used for dewatering and | ||
monitoring in the production of coal and lignite, is exempt from | ||
permit requirements, regulations, and fees imposed by the district. | ||
(Acts 77th Leg., R.S., Ch. 1330, Secs. 5(c), (f).) | ||
Sec. 8847.104. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS. | ||
The district may not purchase groundwater rights unless the | ||
purchased rights are acquired for conservation purposes and are | ||
permanently held in trust not to be produced. (Acts 77th Leg., R.S., | ||
Ch. 1330, Sec. 5(g) (part).) | ||
Sec. 8847.105. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. (Acts 77th Leg., R.S., Ch. | ||
1330, Sec. 5(g) (part).) | ||
[Sections 8847.106-8847.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8847.151. TAXES PROHIBITED. The district may not | ||
impose taxes in the district. (Acts 77th Leg., R.S., Ch. 1330, Sec. | ||
5(d).) | ||
Sec. 8847.152. TAX BONDS PROHIBITED. The district may not | ||
issue and sell any bonds or notes that pledge revenue derived from | ||
taxation in the name of the district. (Acts 77th Leg., R.S., Ch. | ||
1330, Sec. 5(g) (part).) | ||
Sec. 8847.153. PERMIT FEES. (a) The board by rule may | ||
impose a reasonable fee on each well for which a permit is issued by | ||
the district and that is not exempt from regulation by the district. | ||
(b) The fee must be based on the amount of water to be | ||
withdrawn from the well. | ||
(c) The fee may not exceed $0.025 per thousand gallons of | ||
groundwater withdrawn for any purpose. (Acts 77th Leg., R.S., Ch. | ||
1330, Sec. 5(e).) | ||
CHAPTER 8853. KENEDY COUNTY GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8853.001. DEFINITIONS | ||
Sec. 8853.002. NATURE OF DISTRICT | ||
Sec. 8853.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8853.004. DISTRICT TERRITORY | ||
[Sections 8853.005-8853.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8853.051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8853.052. ELECTION OF DIRECTORS | ||
Sec. 8853.053. ELECTION DATE | ||
Sec. 8853.054. QUALIFICATIONS FOR OFFICE | ||
Sec. 8853.055. APPLICATION FOR PLACEMENT ON BALLOT | ||
Sec. 8853.056. REVISION OF SINGLE-MEMBER DISTRICTS | ||
Sec. 8853.057. COMPENSATION OF DIRECTORS | ||
[Sections 8853.058-8853.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS | ||
Sec. 8853.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
[Sections 8853.102-8853.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8853.151. LIMITATION ON TAXATION | ||
CHAPTER 8853. KENEDY COUNTY GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8853.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Kenedy County Groundwater | ||
Conservation District. (Acts 78th Leg., R.S., Ch. 1152, Sec. 1; Ch. | ||
1162, Sec. 1; New.) | ||
Sec. 8853.002. NATURE OF DISTRICT. (a) The district is a | ||
groundwater conservation district in Kenedy County created under | ||
and essential to accomplish the purposes of Section 59, Article | ||
XVI, Texas Constitution. | ||
(b) The district is a political subdivision of this state. | ||
(Acts 78th Leg., R.S., Ch. 1152, Secs. 2(a) (part), (b), 3(b); Ch. | ||
1162, Secs. 2(a) (part), (b), 3(b).) | ||
Sec. 8853.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 78th Leg., R.S., Ch. 1152, Secs. 3(a), | ||
(c); Ch. 1162, Secs. 3(a), (c).) | ||
Sec. 8853.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 4, Chapter 1152, | ||
Acts of the 78th Legislature, Regular Session, 2003, as that | ||
territory may have been modified under: | ||
(1) Subchapter J or K, Chapter 36, Water Code; or | ||
(2) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. (Acts 78th Leg., R.S., Ch. 1152, Sec. 4(f); New.) | ||
[Sections 8853.005-8853.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8853.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of five directors. | ||
(b) Directors serve staggered four-year terms. (Acts 78th | ||
Leg., R.S., Ch. 1152, Secs. 6(a), (d); Ch. 1162, Secs. 6(a), (d).) | ||
Sec. 8853.052. ELECTION OF DIRECTORS. (a) The district is | ||
divided into five single-member districts for electing directors. | ||
(b) One director is elected from each single-member | ||
district. (Acts 78th Leg., R.S., Ch. 1152, Secs. 9A(a) (part), (d); | ||
Ch. 1162, Secs. 8A(a) (part), (d).) | ||
Sec. 8853.053. ELECTION DATE. Each even-numbered year, on | ||
the uniform election date in May or another date authorized by law, | ||
the appropriate number of directors shall be elected. (Acts 78th | ||
Leg., R.S., Ch. 1152, Sec. 11(b); Ch. 1162, Sec. 10(b).) | ||
Sec. 8853.054. QUALIFICATIONS FOR OFFICE. (a) To be a | ||
candidate for or to serve as a director, a person must be a | ||
registered voter in the single-member district the person | ||
represents or seeks to represent. | ||
(b) A director in office on the effective date of a change in | ||
the boundaries of a single-member district under Section | ||
8853.056(a), or a director elected or appointed before the | ||
effective date of the change whose term of office begins on or after | ||
the effective date of the change, shall serve for the remainder of | ||
the director's term in the single-member district to which the | ||
director was elected or appointed even though the change in | ||
boundaries places the director's residence outside the district to | ||
which the director was elected or appointed. (Acts 78th Leg., R.S., | ||
Ch. 1152, Secs. 9A(e), (g) (part); Ch. 1162, Secs. 8A(e), (g) | ||
(part).) | ||
Sec. 8853.055. APPLICATION FOR PLACEMENT ON BALLOT. A | ||
person shall indicate on the application for a place on the ballot | ||
the single-member district the person seeks to represent. (Acts | ||
78th Leg., R.S., Ch. 1152, Sec. 9A(f); Ch. 1162, Sec. 8A(f).) | ||
Sec. 8853.056. REVISION OF SINGLE-MEMBER DISTRICTS. (a) | ||
After each federal decennial census or as needed, the board may | ||
redraw the single-member districts to reflect population changes. | ||
(b) If the district annexes territory, the annexed | ||
territory becomes part of one or more of the single-member | ||
districts as determined by the board. (Acts 78th Leg., R.S., Ch. | ||
1152, Secs. 9A(c), (g) (part); Ch. 1162, Secs. 8A(c), (g) (part).) | ||
Sec. 8853.057. COMPENSATION OF DIRECTORS. A director is | ||
not entitled to fees of office but is entitled to reimbursement of | ||
actual expenses reasonably and necessarily incurred while engaging | ||
in activities on behalf of the district. (Acts 78th Leg., R.S., Ch. | ||
1152, Sec. 7.) | ||
[Sections 8853.058-8853.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS | ||
Sec. 8853.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by the general law of this state, | ||
including Chapter 36, Water Code, applicable to groundwater | ||
conservation districts created under Section 59, Article XVI, Texas | ||
Constitution. (Acts 78th Leg., R.S., Ch. 1152, Sec. 12; Ch. 1162, | ||
Sec. 11.) | ||
[Sections 8853.102-8853.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8853.151. LIMITATION ON TAXATION. The district may | ||
impose a tax to pay any part of bonds or notes issued by the district | ||
at a rate not to exceed 20 cents on each $100 of assessed valuation. | ||
(Acts 78th Leg., R.S., Ch. 1152, Sec. 13.) | ||
CHAPTER 8858. KIMBLE COUNTY GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8858.001. DEFINITIONS | ||
Sec. 8858.002. NATURE OF DISTRICT | ||
Sec. 8858.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8858.004. DISTRICT TERRITORY | ||
[Sections 8858.005-8858.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8858.051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8858.052. ELECTION OF DIRECTORS | ||
Sec. 8858.053. ELECTION DATE | ||
Sec. 8858.054. QUALIFICATIONS FOR OFFICE | ||
Sec. 8858.055. REVISION OF SINGLE-MEMBER DISTRICTS | ||
Sec. 8858.056. COMPENSATION; EXPENSES | ||
[Sections 8858.057-8858.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8858.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
[Sections 8858.102-8858.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8858.151. LIMITATION ON TAXES FOR BONDS OR NOTES | ||
CHAPTER 8858. KIMBLE COUNTY GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8858.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Kimble County Groundwater | ||
Conservation District. (Acts 77th Leg., R.S., Ch. 966, Sec. | ||
3.0702; New.) | ||
Sec. 8858.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Kimble County created under | ||
and essential to accomplish the purposes of Section 59, Article | ||
XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 966, Secs. | ||
3.0701(a) (part), (b).) | ||
Sec. 8858.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0704.) | ||
Sec. 8858.004. DISTRICT TERRITORY. The district's | ||
boundaries are coextensive with the boundaries of Kimble County, | ||
excluding that part of Kimble County that lies within the | ||
boundaries of Hickory Underground Water Conservation District No. | ||
1, unless the district's territory has been modified under: | ||
(1) Subchapter J or K, Chapter 36, Water Code; or | ||
(2) other law. (Acts 77th Leg., R.S., Ch. 966, Sec. | ||
3.0703; New.) | ||
[Sections 8858.005-8858.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8858.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of five directors. | ||
(b) Directors serve staggered four-year terms. (Acts 77th | ||
Leg., R.S., Ch. 966, Secs. 3.0706(a), (d).) | ||
Sec. 8858.052. ELECTION OF DIRECTORS. (a) The district is | ||
divided into five numbered single-member districts for electing | ||
directors. | ||
(b) One director is elected from each single-member | ||
district. A director elected from a single-member district | ||
represents the residents of that single-member district. (Acts | ||
77th Leg., R.S., Ch. 966, Secs. 3.0709(a), (b).) | ||
Sec. 8858.053. ELECTION DATE. Each even-numbered year, on | ||
the uniform election date in May or another date authorized by law, | ||
the appropriate number of directors shall be elected. (Acts 77th | ||
Leg., R.S., Ch. 966, Sec. 3.0711(b).) | ||
Sec. 8858.054. QUALIFICATIONS FOR OFFICE. To be qualified | ||
to be a candidate for or to serve as director, a person must be a | ||
registered voter in the single-member district that the person | ||
represents or seeks to represent. (Acts 77th Leg., R.S., Ch. 966, | ||
Sec. 3.0709(c).) | ||
Sec. 8858.055. REVISION OF SINGLE-MEMBER DISTRICTS. (a) | ||
The board may revise the single-member districts as necessary or | ||
appropriate. | ||
(b) The board shall revise each single-member district | ||
after each federal decennial census to reflect population changes. | ||
(c) At the first election after the single-member districts | ||
are revised, a new director shall be elected from each district. | ||
The directors shall draw lots to determine which two directors | ||
serve two-year terms and which three directors serve four-year | ||
terms. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0709(d).) | ||
Sec. 8858.056. COMPENSATION; EXPENSES. A director is not | ||
entitled to fees of office but is entitled to reimbursement of | ||
actual expenses reasonably and necessarily incurred while engaging | ||
in activities on behalf of the district. (Acts 77th Leg., R.S., Ch. | ||
966, Sec. 3.0707.) | ||
[Sections 8858.057-8858.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8858.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by the general law of this state, | ||
including Chapter 36, Water Code, applicable to groundwater | ||
conservation districts created under Section 59, Article XVI, Texas | ||
Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0705(a) | ||
(part).) | ||
[Sections 8858.102-8858.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8858.151. LIMITATION ON TAXES FOR BONDS OR NOTES. The | ||
district, to pay any part of bonds or notes issued by the district, | ||
may not impose a tax that exceeds 20 cents on each $100 of assessed | ||
valuation. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0712.) | ||
CHAPTER 8861. MENARD COUNTY UNDERGROUND WATER DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8861.001. DEFINITIONS | ||
Sec. 8861.002. NATURE OF DISTRICT | ||
Sec. 8861.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8861.004. DISTRICT TERRITORY | ||
[Sections 8861.005-8861.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8861.051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8861.052. ELECTION DATE | ||
Sec. 8861.053. COMPENSATION; EXPENSES | ||
[Sections 8861.054-8861.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8861.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
Sec. 8861.102. AUTHORITY OF DISTRICT TO REQUIRE | ||
PERMITS FOR CERTAIN WELLS | ||
CHAPTER 8861. MENARD COUNTY UNDERGROUND WATER DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8861.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Menard County Underground | ||
Water District. (Acts 72nd Leg., R.S., Ch. 180, Sec. 2; New.) | ||
Sec. 8861.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Menard County created under | ||
and essential to accomplish the purposes of Section 59, Article | ||
XVI, Texas Constitution. (Acts 72nd Leg., R.S., Ch. 180, Secs. 1(a) | ||
(part), (b).) | ||
Sec. 8861.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 72nd Leg., R.S., Ch. 180, Sec. 5.) | ||
Sec. 8861.004. DISTRICT TERRITORY. (a) Except as provided | ||
by Subsection (b), the district includes the territory in Menard | ||
County unless the district's territory has been modified under: | ||
(1) Subchapter J or K, Chapter 36, Water Code; or | ||
(2) other law. | ||
(b) The district does not include the territory in the | ||
Hickory Underground Water Conservation District No. 1 as that | ||
territory existed on May 24, 1991. | ||
(c) The boundaries of the district form a closure. (Acts | ||
72nd Leg., R.S., Ch. 180, Secs. 3, 4; New.) | ||
[Sections 8861.005-8861.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8861.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of five directors. | ||
(b) Directors serve staggered four-year terms. (Acts 72nd | ||
Leg., R.S., Ch. 180, Secs. 7(a), (d).) | ||
Sec. 8861.052. ELECTION DATE. Every two years, on the | ||
uniform election date in May or another date authorized by law, the | ||
appropriate number of directors shall be elected. (Acts 72nd Leg., | ||
R.S., Ch. 180, Sec. 10 (part).) | ||
Sec. 8861.053. COMPENSATION; EXPENSES. A director is not | ||
entitled to compensation for service on the board but may be | ||
reimbursed as provided by board rules for expenses incurred in | ||
carrying out the business of the district. (Acts 72nd Leg., R.S., | ||
Ch. 180, Sec. 7(g).) | ||
[Sections 8861.054-8861.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8861.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by the general law of this state, | ||
including Chapters 36 and 49, Water Code, applicable to groundwater | ||
conservation districts created under Section 59, Article XVI, Texas | ||
Constitution. (Acts 72nd Leg., R.S., Ch. 180, Sec. 6(a) (part).) | ||
Sec. 8861.102. AUTHORITY OF DISTRICT TO REQUIRE PERMITS FOR | ||
CERTAIN WELLS. The district may require a permit for a well used | ||
for domestic purposes or to provide water for livestock, poultry, | ||
or wildlife if the well is: | ||
(1) on a tract of land smaller than 100 acres; | ||
(2) less than 500 feet deep; and | ||
(3) drilled, completed, or equipped so that the well | ||
is capable of producing more than 9,000 gallons of groundwater per | ||
day. (Acts 72nd Leg., R.S., Ch. 180, Sec. 6A.) | ||
CHAPTER 8862. MIDDLE TRINITY GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8862.001. DEFINITIONS | ||
Sec. 8862.002. NATURE OF DISTRICT | ||
Sec. 8862.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8862.004. DISTRICT TERRITORY | ||
[Sections 8862.005-8862.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8862.051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8862.052. ELECTION OF DIRECTORS | ||
Sec. 8862.053. ELECTION DATE | ||
Sec. 8862.054. QUALIFICATION FOR OFFICE | ||
Sec. 8862.055. COMPOSITION OF BOARD AND ELECTION OF | ||
DIRECTORS FOLLOWING ANNEXATION OF ONE | ||
OR TWO COUNTIES | ||
Sec. 8862.056. COMPOSITION OF BOARD AND ELECTION OF | ||
DIRECTORS FOLLOWING ANNEXATION OF | ||
MORE THAN TWO COUNTIES | ||
[Sections 8862.057-8862.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8862.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
Sec. 8862.102. DISTRICT RULES; ENFORCEMENT | ||
[Sections 8862.103-8862.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8862.151. MAINTENANCE AND OPERATION TAX | ||
CHAPTER 8862. MIDDLE TRINITY GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8862.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Middle Trinity Groundwater | ||
Conservation District. (Acts 77th Leg., R.S., Ch. 1362, Sec. 2.) | ||
Sec. 8862.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district created under and essential to | ||
accomplish the purposes of Section 59, Article XVI, Texas | ||
Constitution. (Acts 77th Leg., R.S., Ch. 1362, Secs. 1(a) (part), | ||
(b).) | ||
Sec. 8862.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1362, Sec. 4.) | ||
Sec. 8862.004. DISTRICT TERRITORY. The district's | ||
boundaries are coextensive with the boundaries of Erath, Comanche, | ||
Bosque, and Coryell Counties, unless the district's territory has | ||
been modified under: | ||
(1) Subchapter J or K, Chapter 36, Water Code; or | ||
(2) other law. (Acts 77th Leg., R.S., Ch. 1362, Sec. | ||
3; New.) | ||
[Sections 8862.005-8862.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8862.051. COMPOSITION OF BOARD; TERMS. (a) Except as | ||
provided by Subsection (c) and Sections 8862.055 and 8862.056, the | ||
district is governed by a board of six directors. | ||
(b) Directors serve staggered four-year terms. | ||
(c) The board by resolution may change the number of | ||
directors elected from a county in the district for the purpose of | ||
equalizing representation of the residents of the district. | ||
(d) Section 36.051(a), Water Code, does not apply to the | ||
district. (Acts 77th Leg., R.S., Ch. 1362, Secs. 6(a), (d), (g), | ||
9(c).) | ||
Sec. 8862.052. ELECTION OF DIRECTORS. Except as provided | ||
by Sections 8862.051(c) and 8862.056, three directors shall be | ||
elected from each county in the district. (Acts 77th Leg., R.S., Ch. | ||
1362, Sec. 9(a).) | ||
Sec. 8862.053. ELECTION DATE. Except as provided by | ||
Sections 8862.055 and 8862.056, each even-numbered year, on the | ||
uniform election date in May or another date authorized by law, the | ||
appropriate number of directors shall be elected. (Acts 77th Leg., | ||
R.S., Ch. 1362, Sec. 11(b).) | ||
Sec. 8862.054. QUALIFICATION FOR OFFICE. To be qualified | ||
to be a candidate for or serve as director, a person must be a | ||
registered voter in the county the person seeks to represent. (Acts | ||
77th Leg., R.S., Ch. 1362, Sec. 9(b).) | ||
Sec. 8862.055. COMPOSITION OF BOARD AND ELECTION OF | ||
DIRECTORS FOLLOWING ANNEXATION OF ONE OR TWO COUNTIES. (a) This | ||
section applies only following the annexation by the district under | ||
Subchapter J, Chapter 36, Water Code, of the territory of one or two | ||
additional counties. | ||
(b) Not later than the 90th day after the date of an election | ||
in which the annexation of a county to the district is ratified by a | ||
majority vote of the voters of that county, the commissioners court | ||
of the annexed county shall appoint three temporary directors to | ||
the board. Temporary directors serve until initial permanent | ||
directors are elected under Subsection (c). | ||
(c) In the first odd-numbered year following the election in | ||
which annexation of a county is ratified, on the uniform election | ||
date in May or another date authorized by law, initial permanent | ||
directors shall be elected from that county. The initial permanent | ||
directors from the county shall draw lots to determine who will | ||
serve a four-year term and who will serve a two-year term. | ||
(d) In each odd-numbered year following the election of | ||
initial permanent directors under Subsection (c), on the uniform | ||
election date in May or another date authorized by law, the | ||
appropriate number of directors from the annexed county shall be | ||
elected. (Acts 77th Leg., R.S., Ch. 1362, Sec. 11A.) | ||
Sec. 8862.056. COMPOSITION OF BOARD AND ELECTION OF | ||
DIRECTORS FOLLOWING ANNEXATION OF MORE THAN TWO COUNTIES. (a) This | ||
section applies only following the annexation by the district under | ||
Subchapter J, Chapter 36, Water Code, of the territory of a third | ||
additional county or the simultaneous or subsequent annexation of | ||
the territory of other additional counties. | ||
(b) After annexation, two directors shall be elected from | ||
each county in the district as provided by this section. | ||
(c) Not later than the 90th day after the date of an election | ||
in which the annexation of a county is ratified by a majority vote | ||
of the voters of that county, the commissioners court of each | ||
annexed county shall appoint two temporary directors to the board. | ||
Temporary directors serve until initial permanent directors are | ||
elected under Subsection (d). | ||
(d) In the first odd-numbered year following the election in | ||
which annexation of a county is ratified, on the uniform election | ||
date in May or another date authorized by law, initial permanent | ||
directors shall be elected from that county. The initial permanent | ||
directors from the county shall draw lots to determine who will | ||
serve a four-year term and who will serve a two-year term. | ||
(e) On the date of the next regularly scheduled directors' | ||
election in an even-numbered year following the election in which | ||
annexation of a county is ratified: | ||
(1) one director position from Comanche County and one | ||
director position from Erath County are abolished; and | ||
(2) the terms of the directors serving in those | ||
positions expire on the date of the election. | ||
(f) On the date of the next regularly scheduled directors' | ||
election in an odd-numbered year following the election in which | ||
annexation of the county is ratified: | ||
(1) one director position from each of the first two | ||
counties annexed by the district is abolished; and | ||
(2) the terms of the directors serving in those | ||
positions expire on the date of the election. | ||
(g) If more than one position described by Subsection (e)(1) | ||
or (f)(1) is scheduled for election in Comanche County, Erath | ||
County, or one of the first two counties annexed by the district, | ||
the directors of the county shall draw lots to determine which | ||
position shall be abolished in accordance with Subsections (e) and | ||
(f). | ||
(h) Each odd-numbered year following the election of | ||
initial permanent directors under Subsection (d), on the uniform | ||
election date in May or another date authorized by law, the | ||
appropriate number of directors from the annexed county shall be | ||
elected. (Acts 77th Leg., R.S., Ch. 1362, Sec. 11B.) | ||
[Sections 8862.057-8862.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8862.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by the general law of this state, | ||
including Chapter 36, Water Code, applicable to groundwater | ||
conservation districts created under Section 59, Article XVI, Texas | ||
Constitution. (Acts 77th Leg., R.S., Ch. 1362, Sec. 5(a) (part).) | ||
Sec. 8862.102. DISTRICT RULES; ENFORCEMENT. (a) Any rules | ||
adopted by the district as authorized by this chapter and Chapter | ||
36, Water Code, apply to all persons and entities except as exempted | ||
under Section 36.117, Water Code. | ||
(b) The district may enforce its rules and the provisions of | ||
Chapter 36, Water Code, in the manner authorized by that chapter. In | ||
addition to the remedies provided under Section 36.102, Water Code, | ||
the district may impose a fee on a person or entity for violation of | ||
a rule of the district or failure to comply with an order issued by | ||
the district. (Acts 77th Leg., R.S., Ch. 1362, Sec. 13, as added | ||
Acts 81st Leg., R.S., Ch. 521.) | ||
[Sections 8862.103-8862.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8862.151. MAINTENANCE AND OPERATION TAX. To pay the | ||
maintenance and operating expenses of the district, the board of | ||
directors may impose taxes annually at a rate not to exceed five | ||
cents on each $100 of assessed valuation. (Acts 77th Leg., R.S., Ch. | ||
1362, Sec. 12.) | ||
CHAPTER 8863. NECHES AND TRINITY VALLEYS GROUNDWATER | ||
CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8863.001. DEFINITIONS | ||
Sec. 8863.002. NATURE OF DISTRICT | ||
Sec. 8863.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8863.004. DISTRICT TERRITORY | ||
Sec. 8863.005. ADDITION OF UNDERGROUND WATER | ||
CONSERVATION DISTRICT OR ADJACENT | ||
COUNTY TO DISTRICT | ||
[Sections 8863.006-8863.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8863.051. COMPOSITION OF BOARD | ||
Sec. 8863.052. APPOINTMENT OF DIRECTORS | ||
Sec. 8863.053. TERMS | ||
Sec. 8863.054. BOARD VACANCY | ||
Sec. 8863.055. COMPENSATION; EXPENSES | ||
Sec. 8863.056. VOTE REQUIRED FOR BOARD ACTION | ||
[Sections 8863.057-8863.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8863.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
Sec. 8863.102. WELLS EXEMPT FROM REGULATION | ||
Sec. 8863.103. TRANSFER OF GROUNDWATER OUT OF DISTRICT | ||
Sec. 8863.104. NO EMINENT DOMAIN POWER | ||
Sec. 8863.105. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS | ||
[Sections 8863.106-8863.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8863.151. AUTHORITY TO SET FEES; LIMITS | ||
Sec. 8863.152. TAXES PROHIBITED | ||
Sec. 8863.153. LIMIT ON ISSUANCE OF BONDS AND NOTES | ||
CHAPTER 8863. NECHES AND TRINITY VALLEYS GROUNDWATER | ||
CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8863.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Neches and Trinity Valleys | ||
Groundwater Conservation District. (Acts 77th Leg., R.S., Ch. | ||
1387, Sec. 2; New.) | ||
Sec. 8863.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Anderson, Cherokee, and | ||
Henderson Counties created under and essential to accomplish the | ||
purposes of Section 59, Article XVI, Texas Constitution. (Acts | ||
77th Leg., R.S., Ch. 1387, Secs. 1(a) (part), (b).) | ||
Sec. 8863.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1387, Sec. 4.) | ||
Sec. 8863.004. DISTRICT TERRITORY. The district is | ||
composed of the territory described by Section 3, Chapter 1387, | ||
Acts of the 77th Legislature, Regular Session, 2001, as that | ||
territory may have been modified under: | ||
(1) Section 8863.005 or its predecessor statute, | ||
former Section 10, Chapter 1387, Acts of the 77th Legislature, | ||
Regular Session, 2001; | ||
(2) Subchapter J or K, Chapter 36, Water Code; or | ||
(3) other law. (New.) | ||
Sec. 8863.005. ADDITION OF UNDERGROUND WATER CONSERVATION | ||
DISTRICT OR ADJACENT COUNTY TO DISTRICT. (a) An adjacent county or | ||
an underground water conservation district the boundaries of which | ||
lie wholly within the boundaries of the district may petition to | ||
join the district by resolution of the commissioners court of the | ||
county or the board of directors of the underground water | ||
conservation district. | ||
(b) If, after a hearing on the resolution, the board finds | ||
that the addition of the county or underground water conservation | ||
district would benefit the district and the county or underground | ||
water conservation district to be added, the board by resolution | ||
may approve the addition of the county or underground water | ||
conservation district to the district. | ||
(c) The addition of a county or underground water | ||
conservation district to the district under this section is not | ||
final until ratified by a majority vote of the voters in the county | ||
or within the boundaries of the underground water conservation | ||
district to be added voting in an election held for that purpose. | ||
(d) The ballot for the election shall be printed to provide | ||
for voting for or against the proposition: "The inclusion of | ||
_______ County in the Neches and Trinity Valleys Groundwater | ||
Conservation District" or "The inclusion of ________ Underground | ||
Water Conservation District in the Neches and Trinity Valleys | ||
Groundwater Conservation District." (Acts 77th Leg., R.S., Ch. | ||
1387, Secs. 10(a), (b), (c), (d).) | ||
[Sections 8863.006-8863.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8863.051. COMPOSITION OF BOARD. The district is | ||
governed by a board of directors appointed as provided by Section | ||
8863.052. (Acts 77th Leg., R.S., Ch. 1387, Sec. 6(a).) | ||
Sec. 8863.052. APPOINTMENT OF DIRECTORS. (a) The | ||
commissioners court of each county in the district shall appoint: | ||
(1) one director to represent the rural water and | ||
utilities and small municipal water supply interests of the county; | ||
and | ||
(2) one director to represent the agriculture, | ||
industry, or landowner groundwater supply interests of the county. | ||
(b) The governing body of the most populous municipality in | ||
each county in the district, acting jointly with the governing body | ||
of the most populous municipality in each other county in the | ||
district, shall appoint one director to represent those | ||
municipalities. The governing bodies shall appoint residents of | ||
the district on a rotating basis so that a resident of each county | ||
is appointed every sixth year. (Acts 77th Leg., R.S., Ch. 1387, | ||
Secs. 7(a), (b).) | ||
Sec. 8863.053. TERMS. (a) Directors appointed under | ||
Section 8863.052(a) serve staggered four-year terms, with the term | ||
of one director appointed by the commissioners court of each county | ||
expiring every two years. The director appointed jointly under | ||
Section 8863.052(b) serves a two-year term. | ||
(b) A director may serve consecutive terms. | ||
(c) A director serves at the pleasure of the political | ||
subdivision that appointed the director. (Acts 77th Leg., R.S., | ||
Ch. 1387, Secs. 6(b), (c) (part), (g).) | ||
Sec. 8863.054. BOARD VACANCY. If there is a vacancy on the | ||
board, the governing body of the entity that appointed the director | ||
who vacated the office shall appoint a director to serve the | ||
remainder of the term. (Acts 77th Leg., R.S., Ch. 1387, Sec. 6(h).) | ||
Sec. 8863.055. COMPENSATION; EXPENSES. (a) A director is | ||
not entitled to receive compensation for serving as a director. | ||
(b) A director may be reimbursed for actual, reasonable | ||
expenses incurred in discharging official duties. (Acts 77th Leg., | ||
R.S., Ch. 1387, Sec. 6(i).) | ||
Sec. 8863.056. VOTE REQUIRED FOR BOARD ACTION. A majority | ||
vote of a quorum of the board is required for board action. If there | ||
is a tie vote, the proposed action fails. (Acts 77th Leg., R.S., | ||
Ch. 1387, Sec. 6(j).) | ||
[Sections 8863.057-8863.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8863.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. Except as provided by this subchapter and Subchapter D, | ||
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 | ||
77th Leg., R.S., Ch. 1387, Sec. 5(a) (part).) | ||
Sec. 8863.102. WELLS EXEMPT FROM REGULATION. A well | ||
meeting the criteria established under Section 36.117, Water Code, | ||
including a well used for dewatering and monitoring in the | ||
production of coal and lignite, is exempt from permit requirements, | ||
regulations, and fees imposed by the district. (Acts 77th Leg., | ||
R.S., Ch. 1387, Sec. 5(e).) | ||
Sec. 8863.103. TRANSFER OF GROUNDWATER OUT OF DISTRICT. | ||
(a) In this section, "retail public utility" has the meaning | ||
assigned by Section 13.002, Water Code. | ||
(b) The district by rule may require a person to obtain a | ||
permit from the district for the transfer of groundwater out of the | ||
district consistent with Section 36.122, Water Code. | ||
(c) The district may determine that a transfer of | ||
groundwater produced within the district's boundaries for use | ||
outside the district's boundaries will not be considered a transfer | ||
outside the district if the transfer: | ||
(1) is for use as a potable water supply by a retail | ||
public utility and is within an authorized service area of which an | ||
appropriate portion, as determined by the district, is located | ||
inside the district's boundaries; or | ||
(2) involves an emergency potable water interconnect | ||
between retail public utilities. (Acts 77th Leg., R.S., Ch. 1387, | ||
Sec. 5(b).) | ||
Sec. 8863.104. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. (Acts 77th Leg., R.S., | ||
Ch. 1387, Sec. 5(f) (part).) | ||
Sec. 8863.105. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS. | ||
The district may not purchase groundwater rights unless the | ||
purchased rights are acquired for conservation purposes and are | ||
permanently held in trust not to be produced. (Acts 77th Leg., | ||
R.S., Ch. 1387, Sec. 5(f) (part).) | ||
[Sections 8863.106-8863.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8863.151. AUTHORITY TO SET FEES; LIMITS. (a) The | ||
board may set fees for administrative acts of the district, such as | ||
filing applications. A fee may not unreasonably exceed the cost to | ||
the district of performing the administrative function for which | ||
the fee is charged. | ||
(b) The board shall set and collect fees for all services | ||
provided outside the boundaries of the district. The fees may not | ||
unreasonably exceed the cost to the district of providing the | ||
services outside the district. | ||
(c) The board may assess production fees based on the amount | ||
of water authorized by permit to be withdrawn from a well or the | ||
amount actually withdrawn. The district may assess the fees in lieu | ||
of, or in conjunction with, any taxes otherwise imposed by the | ||
district. The district may use revenue generated by the fees for | ||
any lawful purpose. Production fees may not exceed: | ||
(1) $1 per acre-foot payable annually for water used | ||
for agricultural use; or | ||
(2) $10 per acre-foot payable annually for water used | ||
for any other purpose. | ||
(d) The board may assess a production fee under Subsection | ||
(c) for any water that is: | ||
(1) produced under an exemption under Section 36.117, | ||
Water Code; and | ||
(2) subsequently sold to another person. | ||
(e) The district may not assess a fee of any type on a well | ||
if the well's production is used only for domestic, agricultural, | ||
or wildlife purposes within the district. (Acts 77th Leg., R.S., | ||
Ch. 1387, Secs. 5(d), (g).) | ||
Sec. 8863.152. TAXES PROHIBITED. The district may not | ||
impose taxes in the district. (Acts 77th Leg., R.S., Ch. 1387, Sec. | ||
5(c).) | ||
Sec. 8863.153. LIMIT ON ISSUANCE OF BONDS AND NOTES. The | ||
district may not issue and sell bonds or notes in the name of the | ||
district. (Acts 77th Leg., R.S., Ch. 1387, Sec. 5(f) (part).) | ||
CHAPTER 8864. PECAN VALLEY GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8864.001. DEFINITIONS | ||
Sec. 8864.002. NATURE OF DISTRICT | ||
Sec. 8864.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8864.004. DISTRICT TERRITORY | ||
[Sections 8864.005-8864.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8864.051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8864.052. ELECTION OF DIRECTORS | ||
Sec. 8864.053. ELECTION DATE | ||
Sec. 8864.054. QUALIFICATIONS FOR OFFICE | ||
Sec. 8864.055. BOARD VACANCY | ||
[Sections 8864.056-8864.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8864.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
[Sections 8864.102-8864.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8864.151. LIMITATION ON TAXES | ||
CHAPTER 8864. PECAN VALLEY GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8864.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Pecan Valley Groundwater | ||
Conservation District. (Acts 77th Leg., R.S., Ch. 1343, Sec. 2; | ||
New.) | ||
Sec. 8864.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in DeWitt County created under | ||
and essential to accomplish the purposes of Section 59, Article | ||
XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. 1343, Secs. | ||
1(a) (part), (b).) | ||
Sec. 8864.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1343, Sec. 4.) | ||
Sec. 8864.004. DISTRICT TERRITORY. The district's | ||
boundaries are coextensive with the boundaries of DeWitt County | ||
unless the district's territory has been modified under: | ||
(1) Subchapter J or K, Chapter 36, Water Code; or | ||
(2) other law. (Acts 77th Leg., R.S., Ch. 1343, Sec. | ||
3; New.) | ||
[Sections 8864.005-8864.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8864.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of five directors. | ||
(b) Directors serve staggered four-year terms. (Acts 77th | ||
Leg., R.S., Ch. 1343, Secs. 6(a), (c).) | ||
Sec. 8864.052. ELECTION OF DIRECTORS. (a) Directors are | ||
elected according to the commissioners precinct method as provided | ||
by this section. | ||
(b) One director is elected by the voters of the entire | ||
district. One director is elected from each county commissioners | ||
precinct by the voters of that precinct. | ||
(c) A person shall indicate on the application for a place | ||
on the ballot: | ||
(1) the precinct that the person seeks to represent; | ||
or | ||
(2) that the person seeks to represent the district at | ||
large. | ||
(d) At the first election of the district after the county | ||
commissioners precincts are redrawn under Section 18, Article V, | ||
Texas Constitution, four new directors shall be elected to | ||
represent the precincts. The directors shall draw lots to | ||
determine which two directors serve four-year terms and which two | ||
directors serve two-year terms. (Acts 77th Leg., R.S., Ch. 1343, | ||
Secs. 8(a), (b), (d), (e).) | ||
Sec. 8864.053. ELECTION DATE. Each odd-numbered year, on | ||
the uniform election date in May or another date authorized by law, | ||
the appropriate number of directors shall be elected. (Acts 77th | ||
Leg., R.S., Ch. 1343, Sec. 11(c); New.) | ||
Sec. 8864.054. QUALIFICATIONS FOR OFFICE. (a) To qualify | ||
as a candidate for or serve as director at large, a person must be: | ||
(1) at least 18 years of age; | ||
(2) a resident of the district; and | ||
(3) a registered voter in the district. | ||
(b) To be a candidate for or serve as director from a county | ||
commissioners precinct, a person must be: | ||
(1) at least 18 years of age; | ||
(2) a resident of that precinct; and | ||
(3) a registered voter of that precinct. (Acts 77th | ||
Leg., R.S., Ch. 1343, Sec. 8(c).) | ||
Sec. 8864.055. BOARD VACANCY. (a) The board shall appoint a | ||
replacement to fill a vacancy in the office of any director. | ||
(b) The appointed replacement serves until the next | ||
directors' election. | ||
(c) If the position is not scheduled to be filled at the | ||
election, the person elected to fill the position serves only for | ||
the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch. | ||
1343, Sec. 6(f).) | ||
[Sections 8864.056-8864.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8864.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by the general law of this state, | ||
including Chapter 36, Water Code, applicable to groundwater | ||
conservation districts created under Section 59, Article XVI, Texas | ||
Constitution. (Acts 77th Leg., R.S., Ch. 1343, Sec. 5(a) (part).) | ||
[Sections 8864.102-8864.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8864.151. LIMITATION ON TAXES. The board may not | ||
impose an ad valorem tax at a rate that exceeds five cents on each | ||
$100 valuation of taxable property in the district. (Acts 77th | ||
Leg., R.S., Ch. 1343, Sec. 12.) | ||
CHAPTER 8865. POST OAK SAVANNAH GROUNDWATER | ||
CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8865.001. DEFINITIONS | ||
Sec. 8865.002. NATURE OF DISTRICT | ||
Sec. 8865.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8865.004. DISTRICT TERRITORY | ||
[Sections 8865.005-8865.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8865.051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8865.052. APPOINTMENT OF DIRECTORS | ||
Sec. 8865.053. BOARD VACANCY | ||
Sec. 8865.054. COMPENSATION; EXPENSES | ||
Sec. 8865.055. QUORUM; VOTE REQUIRED FOR BOARD ACTION | ||
[Sections 8865.056-8865.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8865.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
Sec. 8865.102. GROUNDWATER WELLS UNDER JURISDICTION OF | ||
RAILROAD COMMISSION | ||
Sec. 8865.103. LIMITATION ON POWER OF EMINENT DOMAIN | ||
[Sections 8865.104-8865.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8865.151. FEES | ||
Sec. 8865.152. LIMITATION ON AUTHORITY TO IMPOSE TAXES | ||
CHAPTER 8865. POST OAK SAVANNAH GROUNDWATER | ||
CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8865.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Post Oak Savannah Groundwater | ||
Conservation District. (Acts 77th Leg., R.S., Ch. 966, Sec. | ||
3.1402; Acts 77th Leg., R.S., Ch. 1307, Sec. 3.02; New.) | ||
Sec. 8865.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Milam and Burleson Counties | ||
created under and essential to accomplish the purposes of Section | ||
59, Article XVI, Texas Constitution. (Acts 77th Leg., R.S., Ch. | ||
966, Secs. 3.1401(a) (part), (b); Acts 77th Leg., R.S., Ch. 1307, | ||
Secs. 3.01(a) (part), (b).) | ||
Sec. 8865.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1404; | ||
Acts 77th Leg., R.S., Ch. 1307, Sec. 3.04.) | ||
Sec. 8865.004. DISTRICT TERRITORY. The district's | ||
boundaries are coextensive with the boundaries of Milam and | ||
Burleson Counties unless the district's territory has been modified | ||
under: | ||
(1) Subchapter J or K, Chapter 36, Water Code; or | ||
(2) other law. (Acts 77th Leg., R.S., Ch. 966, Sec. | ||
3.1403; Acts 77th Leg., R.S., Ch. 1307, Sec. 3.03; New.) | ||
[Sections 8865.005-8865.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8865.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of 10 directors. | ||
(b) Directors serve staggered four-year terms. | ||
(c) A director may serve consecutive terms. (Acts 77th Leg., | ||
R.S., Ch. 966, Secs. 3.1409(a), (c), (f); Acts 77th Leg., R.S., Ch. | ||
1307, Secs. 3.10(a), (c), (f).) | ||
Sec. 8865.052. APPOINTMENT OF DIRECTORS. (a) The Milam | ||
County Commissioners Court shall appoint five directors, of whom: | ||
(1) one must represent municipal interests in the | ||
county; | ||
(2) one must be a bona fide agricultural producer who | ||
derives a substantial portion of the producer's income from | ||
agriculture in the county; | ||
(3) one must be a director or employee of a rural water | ||
supply corporation in the county; | ||
(4) one must represent active industrial interests in | ||
the county; and | ||
(5) one must represent the interests of the county at | ||
large. | ||
(b) The Burleson County Commissioners Court shall appoint | ||
five directors, of whom: | ||
(1) one must represent municipal interests in the | ||
county; | ||
(2) one must be a bona fide agricultural producer who | ||
derives a substantial portion of the producer's income from | ||
agriculture in the county; | ||
(3) one must be a director or employee of a rural water | ||
supply corporation in the county; | ||
(4) one must represent active industrial interests in | ||
the county; and | ||
(5) one must represent the interests of the county at | ||
large. | ||
(c) On January 1 of each even-numbered year, the appropriate | ||
commissioners court shall appoint the appropriate number of | ||
directors. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1410(d) (part); | ||
Acts 77th Leg., R.S., Ch. 1307, Secs. 3.11(a), (b), (d) (part).) | ||
Sec. 8865.053. BOARD VACANCY. If there is a vacancy on the | ||
board, the commissioners court that appointed the director who | ||
vacated the office shall appoint a director to serve the remainder | ||
of the term. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1409(g); Acts | ||
77th Leg., R.S., Ch. 1307, Sec. 3.10(g).) | ||
Sec. 8865.054. COMPENSATION; EXPENSES. (a) A director is | ||
not entitled to receive compensation for serving as a director. | ||
(b) A director may be reimbursed for actual, reasonable | ||
expenses incurred in discharging official duties. (Acts 77th Leg., | ||
R.S., Ch. 966, Sec. 3.1409(h); Acts 77th Leg., R.S., Ch. 1307, Sec. | ||
3.10(h).) | ||
Sec. 8865.055. QUORUM; VOTE REQUIRED FOR BOARD ACTION. (a) | ||
A quorum exists when at least two-thirds of the directors are | ||
present. | ||
(b) A majority vote of a quorum of the board is required for | ||
board action. If there is a tie vote, the proposed action fails. | ||
(Acts 77th Leg., R.S., Ch. 966, Sec. 3.1409(i); Acts 77th Leg., | ||
R.S., Ch. 1307, Sec. 3.10(i).) | ||
[Sections 8865.056-8865.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8865.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. Except as otherwise provided by this chapter, 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 | ||
77th Leg., R.S., Ch. 966, Sec. 3.1405(a) (part); Acts 77th Leg., | ||
R.S., Ch. 1307, Sec. 3.05(a) (part).) | ||
Sec. 8865.102. GROUNDWATER WELLS UNDER JURISDICTION OF | ||
RAILROAD COMMISSION. (a) In this section, "railroad commission" | ||
means the Railroad Commission of Texas. | ||
(b) A groundwater well drilled or operated in the district | ||
under a permit issued by the railroad commission is under the | ||
exclusive jurisdiction of the railroad commission and is exempt | ||
from regulation by the district. | ||
(c) Groundwater produced in an amount authorized by a | ||
railroad commission permit may be used in or exported from the | ||
district without a permit from the district. | ||
(d) To the extent groundwater production exceeds railroad | ||
commission authorization, the holder of the railroad commission | ||
permit: | ||
(1) must apply to the district for the appropriate | ||
permit for the excess production; and | ||
(2) is subject to the applicable regulatory fees. | ||
(e) Groundwater produced from a well under the jurisdiction | ||
of the railroad commission is generally exempt from water district | ||
fees. However, the district may impose either a pumping fee or an | ||
export fee on groundwater produced from an otherwise exempt mine | ||
well that is used for municipal purposes or by a public utility. A | ||
fee imposed by the district under this subsection may not exceed the | ||
fee imposed on other groundwater producers in the district. (Acts | ||
77th Leg., R.S., Ch. 966, Sec. 3.1407; Acts 77th Leg., R.S., Ch. | ||
1307, Sec. 3.07; New.) | ||
Sec. 8865.103. LIMITATION ON POWER OF EMINENT DOMAIN. The | ||
district does not have the authority granted by Section 36.105, | ||
Water Code, relating to eminent domain. (Acts 77th Leg., R.S., Ch. | ||
966, Sec. 3.1405(b) (part); Acts 77th Leg., R.S., Ch. 1307, Sec. | ||
3.05(b) (part).) | ||
[Sections 8865.104-8865.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8865.151. FEES. (a) The board by rule may impose a | ||
reasonable fee on each well that is not exempt from regulation by | ||
the district and for which a permit is issued by the district. The | ||
fee may be based on: | ||
(1) the size of column pipe used by the well; or | ||
(2) the actual, authorized, or anticipated amount of | ||
water to be withdrawn from the well. | ||
(b) Fees may not exceed: | ||
(1) 25 cents per acre-foot for water used for | ||
irrigating agricultural crops; or | ||
(2) 17 cents per thousand gallons for water used for | ||
any other purpose. | ||
(c) In addition to the fee authorized under Subsection (a), | ||
the district may impose a reasonable fee or surcharge for an export | ||
fee using one of the following methods: | ||
(1) a fee negotiated between the district and the | ||
transporter; or | ||
(2) a combined production and export fee not to exceed | ||
17 cents per thousand gallons of water used. | ||
(d) Fees authorized by this section may be: | ||
(1) assessed annually; and | ||
(2) used to pay the cost of operating the district. | ||
(Acts 77th Leg., R.S., Ch. 966, Secs. 3.1406(a), (c); Acts 77th | ||
Leg., R.S., Ch. 1307, Sec. 3.06.) | ||
Sec. 8865.152. LIMITATION ON AUTHORITY TO IMPOSE TAXES. | ||
The district does not have the authority granted by Sections 36.020 | ||
and 36.201-36.204, Water Code, relating to taxes. (Acts 77th Leg., | ||
R.S., Ch. 966, Sec. 3.1405(b) (part); Acts 77th Leg., R.S., Ch. | ||
1307, Sec. 3.05(b) (part).) | ||
CHAPTER 8866. MID-EAST TEXAS GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8866.001. DEFINITIONS | ||
Sec. 8866.002. NATURE OF DISTRICT | ||
Sec. 8866.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8866.004. DISTRICT TERRITORY | ||
[Sections 8866.005-8866.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8866.051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8866.052. APPOINTMENT OF DIRECTORS | ||
Sec. 8866.053. BOARD VACANCY | ||
Sec. 8866.054. COMPENSATION; EXPENSES | ||
Sec. 8866.055. VOTE REQUIRED FOR BOARD ACTION | ||
[Sections 8866.056-8866.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8866.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
Sec. 8866.102. GROUNDWATER WELLS UNDER JURISDICTION OF | ||
RAILROAD COMMISSION | ||
Sec. 8866.103. LIMITATION ON POWER OF EMINENT DOMAIN | ||
[Sections 8866.104-8866.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8866.151. FEES | ||
Sec. 8866.152. LIMITATION ON AUTHORITY TO IMPOSE TAXES | ||
CHAPTER 8866. MID-EAST TEXAS GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8866.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Mid-East Texas Groundwater | ||
Conservation District. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1502; | ||
Acts 77th Leg., R.S., Ch. 1307, Sec. 4.02; New.) | ||
Sec. 8866.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Leon, Madison, and Freestone | ||
Counties created under and essential to accomplish the purposes of | ||
Section 59, Article XVI, Texas Constitution. (Acts 77th Leg., R.S., | ||
Ch. 966, Secs. 3.1501(a) (part), (b); Acts 77th Leg., R.S., Ch. | ||
1307, Secs. 4.01(a) (part), (b).) | ||
Sec. 8866.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1504; | ||
Acts 77th Leg., R.S., Ch. 1307, Sec. 4.04.) | ||
Sec. 8866.004. DISTRICT TERRITORY. The district's | ||
boundaries are coextensive with the boundaries of Leon, Madison, | ||
and Freestone Counties unless the district's territory has been | ||
modified under: | ||
(1) Subchapter J or K, Chapter 36, Water Code; or | ||
(2) other law. (Acts 77th Leg., R.S., Ch. 966, Sec. | ||
3.1503; Acts 77th Leg., R.S., Ch. 1307, Sec. 4.03; New.) | ||
[Sections 8866.005-8866.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8866.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of nine directors. | ||
(b) Directors serve staggered four-year terms. | ||
(c) A director may serve consecutive terms. (Acts 77th | ||
Leg., R.S., Ch. 966, Secs. 3.1509(a), (c), (f); Acts 77th Leg., | ||
R.S., Ch. 1307, Secs. 4.10(a), (c), (f).) | ||
Sec. 8866.052. APPOINTMENT OF DIRECTORS. (a) The Leon | ||
County Commissioners Court shall appoint three directors, of whom: | ||
(1) one must represent the interests of municipalities | ||
in the county, or must be a director or employee of a rural water | ||
supply corporation in the county, or both; | ||
(2) one must be a bona fide agricultural producer who | ||
derives a substantial portion of the producer's income from | ||
agriculture in the county; and | ||
(3) one must represent active industrial interests in | ||
the county. | ||
(b) The Madison County Commissioners Court shall appoint | ||
three directors, of whom: | ||
(1) one must represent the interests of municipalities | ||
in the county, or must be a director or employee of a rural water | ||
supply corporation in the county, or both; | ||
(2) one must be a bona fide agricultural producer who | ||
derives a substantial portion of the producer's income from | ||
agriculture in the county; and | ||
(3) one must represent active industrial interests in | ||
the county. | ||
(c) The Freestone County Commissioners Court shall appoint | ||
three directors, of whom: | ||
(1) one must represent the interests of municipalities | ||
in the county, or must be a director or employee of a rural water | ||
supply corporation in the county, or both; | ||
(2) one must be a bona fide agricultural producer who | ||
derives a substantial portion of the producer's income from | ||
agriculture in the county; and | ||
(3) one must represent active industrial interests in | ||
the county. | ||
(d) On January 1 of each even-numbered year, the appropriate | ||
commissioners courts shall appoint the appropriate number of | ||
directors. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1510(e) (part); | ||
Acts 77th Leg., R.S., Ch. 1307, Secs. 4.11(a), (b), (c), (e) | ||
(part).) | ||
Sec. 8866.053. BOARD VACANCY. If there is a vacancy on the | ||
board, the commissioners court that appointed the director who | ||
vacated the office shall appoint a director to serve the remainder | ||
of the term. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.1509(g); Acts | ||
77th Leg., R.S., Ch. 1307, Sec. 4.10(g).) | ||
Sec. 8866.054. COMPENSATION; EXPENSES. (a) A director is | ||
not entitled to receive compensation for serving as a director. | ||
(b) A director may be reimbursed for actual, reasonable | ||
expenses incurred in discharging official duties. (Acts 77th Leg., | ||
R.S., Ch. 966, Sec. 3.1509(h); Acts 77th Leg., R.S., Ch. 1307, Sec. | ||
4.10(h).) | ||
Sec. 8866.055. VOTE REQUIRED FOR BOARD ACTION. A majority | ||
vote of a quorum of the board is required for board action. If there | ||
is a tie vote, the proposed action fails. (Acts 77th Leg., R.S., Ch. | ||
966, Sec. 3.1509(i); Acts 77th Leg., R.S., Ch. 1307, Sec. 4.10(i).) | ||
[Sections 8866.056-8866.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8866.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. Except as otherwise provided by this chapter, 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 | ||
77th Leg., R.S., Ch. 966, Sec. 3.1505(a) (part); Acts 77th Leg., | ||
R.S., Ch. 1307, Sec. 4.05(a) (part).) | ||
Sec. 8866.102. GROUNDWATER WELLS UNDER JURISDICTION OF | ||
RAILROAD COMMISSION. (a) In this section, "railroad commission" | ||
means the Railroad Commission of Texas. | ||
(b) A groundwater well drilled or operated in the district | ||
under a permit issued by the railroad commission is under the | ||
exclusive jurisdiction of the railroad commission and is exempt | ||
from regulation by the district. | ||
(c) Groundwater produced in an amount authorized by a | ||
railroad commission permit may be used in or exported from the | ||
district without a permit from the district. | ||
(d) To the extent groundwater production exceeds railroad | ||
commission authorization, the holder of the railroad commission | ||
permit: | ||
(1) must apply to the district for the appropriate | ||
permit for the excess production; and | ||
(2) is subject to the applicable regulatory fees. | ||
(e) Groundwater produced from a well under the jurisdiction | ||
of the railroad commission is generally exempt from water district | ||
fees. However, the district may impose either a pumping fee or an | ||
export fee on groundwater produced from an otherwise exempt mine | ||
well that is used for municipal purposes or by a public utility. A | ||
fee imposed by the district under this subsection may not exceed the | ||
fee imposed on other groundwater producers in the district. (Acts | ||
77th Leg., R.S., Ch. 966, Sec. 3.1507; Acts 77th Leg., R.S., Ch. | ||
1307, Sec. 4.07; New.) | ||
Sec. 8866.103. LIMITATION ON POWER OF EMINENT DOMAIN. The | ||
district does not have the authority granted by Section 36.105, | ||
Water Code, relating to eminent domain. (Acts 77th Leg., R.S., Ch. | ||
966, Sec. 3.1505(b) (part); Acts 77th Leg., R.S., Ch. 1307, Sec. | ||
4.05(b) (part).) | ||
[Sections 8866.104-8866.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8866.151. FEES. (a) The board by rule may impose a | ||
reasonable fee on each well that is not exempt from regulation by | ||
the district and for which a permit is issued by the district. The | ||
fee may be based on: | ||
(1) the size of column pipe used by the well; or | ||
(2) the actual, authorized, or anticipated amount of | ||
water to be withdrawn from the well. | ||
(b) Fees may not exceed: | ||
(1) 25 cents per acre-foot for water used for | ||
irrigating agricultural crops; or | ||
(2) 17 cents per thousand gallons for water used for | ||
any other purpose. | ||
(c) In addition to the fee authorized under Subsection (a), | ||
the district may impose a reasonable fee or surcharge for an export | ||
fee using one of the following methods: | ||
(1) a fee negotiated between the district and the | ||
transporter; or | ||
(2) a combined production and export fee not to exceed | ||
17 cents per thousand gallons of water used. | ||
(d) Fees authorized by this section may be: | ||
(1) assessed annually; and | ||
(2) used to pay the cost of operating the district. | ||
(Acts 77th Leg., R.S., Ch. 966, Secs. 3.1506(a), (c); Acts 77th | ||
Leg., R.S., Ch. 1307, Sec. 4.06.) | ||
Sec. 8866.152. LIMITATION ON AUTHORITY TO IMPOSE TAXES. | ||
The district does not have the authority granted by Sections 36.020 | ||
and 36.201-36.204, Water Code, relating to taxes. (Acts 77th Leg., | ||
R.S., Ch. 966, Sec. 3.1505(b) (part); Acts 77th Leg., R.S., Ch. | ||
1307, Sec. 4.05(b) (part).) | ||
CHAPTER 8867. ROLLING PLAINS GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8867.001. DEFINITIONS | ||
Sec. 8867.002. NATURE OF DISTRICT | ||
Sec. 8867.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8867.004. DISTRICT TERRITORY | ||
[Sections 8867.005-8867.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8867.051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8867.052. APPOINTMENT OF DIRECTORS IN GENERAL | ||
Sec. 8867.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL | ||
COUNTIES | ||
Sec. 8867.054. ELIGIBILITY | ||
Sec. 8867.055. BOARD VACANCY | ||
Sec. 8867.056. COMPENSATION | ||
Sec. 8867.057. PRESIDENT | ||
[Sections 8867.058-8867.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8867.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
Sec. 8867.102. LIMITATION ON RULEMAKING POWER NOT | ||
APPLICABLE | ||
Sec. 8867.103. FEES | ||
CHAPTER 8867. ROLLING PLAINS GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8867.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Rolling Plains Groundwater | ||
Conservation District. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 2; | ||
New.) | ||
Sec. 8867.002. NATURE OF DISTRICT. The district is created | ||
under and essential to accomplish the purposes of Section 59, | ||
Article XVI, Texas Constitution. (Acts 73rd Leg., R.S., Ch. 1028, | ||
Sec. 1(b).) | ||
Sec. 8867.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 4.) | ||
Sec. 8867.004. DISTRICT TERRITORY. The district's | ||
boundaries are coextensive with the boundaries of Haskell County, | ||
Knox County, and Baylor County, unless the district's territory has | ||
been modified under: | ||
(1) Subchapter J or K, Chapter 36, Water Code; or | ||
(2) other law. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 3; | ||
New.) | ||
[Sections 8867.005-8867.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8867.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of not fewer than 5 or more than 16 | ||
directors. | ||
(b) Directors serve staggered four-year terms. (Acts 73rd | ||
Leg., R.S., Ch. 1028, Secs. 6(a), 8(c).) | ||
Sec. 8867.052. APPOINTMENT OF DIRECTORS IN GENERAL. The | ||
commissioners court of each county in the district shall appoint an | ||
equal number of directors. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 7.) | ||
Sec. 8867.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL | ||
COUNTIES. (a) When a county is added to the district, the board | ||
shall change the number of directors so that an equal number of | ||
directors are appointed by the commissioners court of each county | ||
in the district. The terms of the directors then serving expire on | ||
a date set by the board, not later than the 90th day after the date | ||
the county is added to the district, and the directors continue to | ||
serve only until the new directors have been appointed. | ||
(b) The board shall send to the commissioners court of each | ||
county in the district notice of the number of directors the county | ||
may appoint. | ||
(c) After receiving the notice from the board, the | ||
commissioners courts of all the counties in the district shall | ||
confer to determine the number of new directors from each county who | ||
will serve four-year terms and the number of new directors from each | ||
county who will serve two-year terms. The commissioners courts | ||
shall provide that, as nearly as possible, half of the new | ||
directors, in total and from each county, serve four-year terms and | ||
the remaining new directors serve two-year terms. | ||
(d) The commissioners court of each county shall appoint new | ||
directors before the date set by the board in Subsection (a). A | ||
commissioners court may reappoint a current director. | ||
(e) The new directors from each county shall draw lots to | ||
determine which directors serve four-year terms and which directors | ||
serve two-year terms in accordance with Subsection (c). (Acts 73rd | ||
Leg., R.S., Ch. 1028, Sec. 7A.) | ||
Sec. 8867.054. ELIGIBILITY. To be eligible to serve as | ||
director, a person must be: | ||
(1) at least 21 years of age; and | ||
(2) a registered voter in the county from which the | ||
person is appointed. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 6(c).) | ||
Sec. 8867.055. BOARD VACANCY. If a vacancy occurs in the | ||
office of director, the commissioners court of the county from | ||
which the person vacating the position was appointed shall appoint | ||
a director for the unexpired term. (Acts 73rd Leg., R.S., Ch. 1028, | ||
Sec. 6(b).) | ||
Sec. 8867.056. COMPENSATION. (a) A director is not | ||
entitled to receive fees of office under Section 36.060, Water | ||
Code, if the director holds another office that is a civil office of | ||
emolument for purposes of Section 40, Article XVI, Texas | ||
Constitution. | ||
(b) Except as provided by this section, a director may | ||
receive reimbursement of actual expenses as provided by Section | ||
36.060(b), Water Code. | ||
(c) The board by rule, bylaw, or resolution may limit the | ||
amount of fees of office or the amount of reimbursement for actual | ||
expenses a director is entitled to receive. | ||
(d) This section prevails over any provision of general or | ||
special law that is in conflict or inconsistent with this section, | ||
including Section 36.060(d), Water Code. (Acts 73rd Leg., R.S., Ch. | ||
1028, Sec. 6(d).) | ||
Sec. 8867.057. PRESIDENT. (a) The board shall elect a | ||
president from among the directors every other year following the | ||
appointment of directors under Section 8867.052. | ||
(b) The president may vote and may cast an additional vote | ||
to break a tie. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 9.) | ||
[Sections 8867.058-8867.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8867.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. Except as provided by Sections 8867.102 and | ||
8867.103(b), 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 73rd Leg., R.S., Ch. 1028, Secs. 5(a) (part), | ||
(b) (part), (c) (part).) | ||
Sec. 8867.102. LIMITATION ON RULEMAKING POWER NOT | ||
APPLICABLE. Section 36.121, Water Code, does not apply to the | ||
district. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 5(b) (part).) | ||
Sec. 8867.103. FEES. (a) The district may assess fees | ||
under Section 36.122(e) or 36.205(c), Water Code, in an annual | ||
amount not to exceed: | ||
(1) $1 per acre-foot of water used for agricultural | ||
use; or | ||
(2) 17 cents per thousand gallons of water used for any | ||
other purpose. | ||
(b) Section 36.205(e), Water Code, does not apply to the | ||
district. (Acts 73rd Leg., R.S., Ch. 1028, Sec. 5(c) (part).) | ||
CHAPTER 8868. SOUTHEAST TEXAS GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8868.001. DEFINITIONS | ||
Sec. 8868.002. NATURE OF DISTRICT | ||
Sec. 8868.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8868.004. DISTRICT TERRITORY | ||
Sec. 8868.005. ADDITION OF ADJACENT COUNTY TO DISTRICT | ||
Sec. 8868.006. LANDOWNERS' RIGHTS | ||
[Sections 8868.007-8868.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8868.051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8868.052. APPOINTMENT OF DIRECTORS BY INITIAL | ||
COUNTIES | ||
Sec. 8868.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL | ||
COUNTIES | ||
Sec. 8868.054. QUALIFICATIONS; GROUNDWATER PRODUCERS | ||
Sec. 8868.055. BOARD VACANCY | ||
Sec. 8868.056. COMPENSATION; EXPENSES | ||
Sec. 8868.057. VOTE REQUIRED FOR BOARD ACTION | ||
[Sections 8868.058-8868.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8868.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
Sec. 8868.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT | ||
Sec. 8868.103. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS | ||
FOR CONSERVATION PURPOSES | ||
Sec. 8868.104. WELLS EXEMPT FROM REGULATION | ||
Sec. 8868.105. NO EMINENT DOMAIN POWER | ||
[Sections 8868.106-8868.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8868.151. TAXES PROHIBITED | ||
Sec. 8868.152. TAX BONDS PROHIBITED | ||
Sec. 8868.153. PERMIT FEES | ||
CHAPTER 8868. SOUTHEAST TEXAS GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8868.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Southeast Texas Groundwater | ||
Conservation District. (Acts 78th Leg., R.S., Ch. 384, Sec. 1; | ||
New.) | ||
Sec. 8868.002. NATURE OF DISTRICT. (a) The district is a | ||
groundwater conservation district created under and essential to | ||
accomplish the purposes of Section 59, Article XVI, Texas | ||
Constitution. | ||
(b) The district is a political subdivision of this state. | ||
(Acts 78th Leg., R.S., Ch. 384, Secs. 2, 3.) | ||
Sec. 8868.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 78th Leg., R.S., Ch. 384, Sec. 4.) | ||
Sec. 8868.004. DISTRICT TERRITORY. The district's | ||
boundaries are coextensive with the boundaries of Jasper, Newton, | ||
Hardin, and Tyler Counties, Texas, unless the district's territory | ||
has been modified under: | ||
(1) Section 8868.005; | ||
(2) Subchapter J or K, Chapter 36, Water Code; or | ||
(3) other law. (Acts 78th Leg., R.S., Ch. 384, Sec. 5; | ||
New.) | ||
Sec. 8868.005. ADDITION OF ADJACENT COUNTY TO DISTRICT. | ||
(a) An adjacent county may petition to join the district by | ||
resolution of the commissioners court of the county. | ||
(b) If, after a hearing on the resolution, the board finds | ||
that the addition of the county would benefit the district and the | ||
county to be added, the board by resolution may approve the addition | ||
of the county to the district. | ||
(c) The addition of a county to the district under this | ||
section is not final until ratified by a majority vote of the voters | ||
in the county to be added voting in an election held for that | ||
purpose. | ||
(d) The ballot for the election shall be printed to provide | ||
for voting for or against the proposition: "The inclusion of | ||
(name of county) County in the Southeast Texas | ||
Groundwater Conservation District." (Acts 78th Leg., R.S., Ch. 384, | ||
Secs. 14(a), (b), (c), (d).) | ||
Sec. 8868.006. LANDOWNERS' RIGHTS. The rights of landowners | ||
and their lessees and assigns in groundwater in the district are | ||
recognized. Nothing in this chapter may be construed to deprive or | ||
divest the landowners or their lessees and assigns of their rights, | ||
subject to district rules. (Acts 78th Leg., R.S., Ch. 384, Sec. 12.) | ||
[Sections 8868.007-8868.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8868.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of directors appointed under | ||
Sections 8868.052 and 8868.053. | ||
(b) Directors serve three-year terms. | ||
(c) A director may serve consecutive terms. (Acts 78th Leg., | ||
R.S., Ch. 384, Secs. 9(a) (part), (b) (part), (e).) | ||
Sec. 8868.052. APPOINTMENT OF DIRECTORS BY INITIAL | ||
COUNTIES. (a) The Jasper County Commissioners Court shall appoint | ||
two directors. One director shall represent rural water utilities | ||
and small municipal water supply interests. The other director | ||
shall represent the large industrial groundwater supply interests | ||
of the county and large municipal utilities. | ||
(b) The Newton County Commissioners Court shall appoint two | ||
directors. One director shall represent rural water utilities and | ||
small municipal water supply interests. The other director shall | ||
represent the forestry or agricultural groundwater supply | ||
interests of the county. | ||
(c) The Jasper County Commissioners Court and the Newton | ||
County Commissioners Court shall jointly appoint one director to | ||
represent the forestry, agricultural, or landowner groundwater | ||
supply interests of both counties. The jointly appointed director | ||
shall serve as the board's presiding officer. | ||
(d) The Newton City Council shall appoint one director. | ||
(e) The Jasper City Council shall appoint one director. | ||
(Acts 78th Leg., R.S., Ch. 384, Secs. 10(a), (b), (c), (d), (e).) | ||
Sec. 8868.053. APPOINTMENT OF DIRECTORS BY ADDITIONAL | ||
COUNTIES. When a county is added to the district, the board may | ||
change the number of directors so that an equal number of directors | ||
are appointed from each county and one director is appointed | ||
jointly by the counties. (Acts 78th Leg., R.S., Ch. 384, Sec. 9(a) | ||
(part).) | ||
Sec. 8868.054. QUALIFICATIONS; GROUNDWATER PRODUCERS. A | ||
director is not disqualified from serving because the director is | ||
an employee, manager, director, or officer of a groundwater | ||
producer that is or may be regulated by the district. (Acts 78th | ||
Leg., R.S., Ch. 384, Sec. 10(f).) | ||
Sec. 8868.055. BOARD VACANCY. (a) If there is a vacancy on | ||
the board, the governing body of the entity that appointed the | ||
director who vacated the office shall appoint a director to serve | ||
the remainder of the term. | ||
(b) The board shall adopt rules or bylaws to establish when | ||
a vacancy has occurred. (Acts 78th Leg., R.S., Ch. 384, Sec. 9(f).) | ||
Sec. 8868.056. COMPENSATION; EXPENSES. (a) A director is | ||
not entitled to receive compensation for serving as a director. | ||
(b) A director may be reimbursed for actual, reasonable | ||
expenses incurred in discharging official duties. (Acts 78th Leg., | ||
R.S., Ch. 384, Sec. 9(g).) | ||
Sec. 8868.057. VOTE REQUIRED FOR BOARD ACTION. A majority | ||
vote of a quorum of the board is required for board action. If there | ||
is a tie vote, the proposed action fails. (Acts 78th Leg., R.S., Ch. | ||
384, Sec. 9(h).) | ||
[Sections 8868.058-8868.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8868.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. Except as provided by this chapter, 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 78th Leg., R.S., | ||
Ch. 384, Sec. 6.) | ||
Sec. 8868.102. TRANSFER OF GROUNDWATER OUT OF DISTRICT. | ||
The district by rule may require a person to obtain a permit from | ||
the district for the transfer of groundwater out of the district | ||
consistent with Section 36.122, Water Code, and may regulate the | ||
terms on which a permit holder under those rules may conduct the | ||
transfer. (Acts 78th Leg., R.S., Ch. 384, Sec. 7(a).) | ||
Sec. 8868.103. LIMIT ON PURCHASE OF GROUNDWATER RIGHTS FOR | ||
CONSERVATION PURPOSES. The district may not purchase groundwater | ||
rights unless the purchased rights are acquired for conservation | ||
purposes and are permanently held in trust not to be produced. (Acts | ||
78th Leg., R.S., Ch. 384, Sec. 7(g) (part).) | ||
Sec. 8868.104. WELLS EXEMPT FROM REGULATION. (a) The | ||
district may not require a permit for a well incapable of producing | ||
more than 25,000 gallons of groundwater a day. | ||
(b) A well meeting the criteria established under Section | ||
36.117, Water Code, including a well used for dewatering and | ||
monitoring in the production of coal or lignite, is exempt from | ||
permit requirements, regulations, and fees imposed by the district. | ||
(Acts 78th Leg., R.S., Ch. 384, Secs. 7(b), (f).) | ||
Sec. 8868.105. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. (Acts 78th Leg., R.S., Ch. | ||
384, Sec. 7(g) (part).) | ||
[Sections 8868.106-8868.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8868.151. TAXES PROHIBITED. The district may not | ||
impose a tax. (Acts 78th Leg., R.S., Ch. 384, Sec. 7(c).) | ||
Sec. 8868.152. TAX BONDS PROHIBITED. The district may not | ||
issue any bonds or other obligations that pledge revenue derived | ||
from district taxation. (Acts 78th Leg., R.S., Ch. 384, Sec. 7(g) | ||
(part).) | ||
Sec. 8868.153. PERMIT FEES. (a) The district by rule may | ||
impose a reasonable fee on each well that is not exempt from | ||
regulation by the district and for which a permit is issued by the | ||
district. | ||
(b) The fee must be based on the amount of water to be | ||
withdrawn from the well. | ||
(c) The fee may not exceed one cent per thousand gallons of | ||
groundwater withdrawn for any purpose. (Acts 78th Leg., R.S., Ch. | ||
384, Secs. 7(d), (e).) | ||
CHAPTER 8869. WES-TEX GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8869.001. DEFINITIONS | ||
Sec. 8869.002. NATURE OF DISTRICT | ||
Sec. 8869.003. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8869.004. DISTRICT TERRITORY | ||
[Sections 8869.005-8869.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8869.051. COMPOSITION OF BOARD | ||
Sec. 8869.052. ELECTION OF DIRECTORS | ||
Sec. 8869.053. TERMS | ||
Sec. 8869.054. ELECTION DATE | ||
Sec. 8869.055. QUALIFICATIONS FOR OFFICE | ||
[Sections 8869.056-8869.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8869.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
Sec. 8869.102. LIMITATIONS ON DISTRICT POWERS | ||
[Sections 8869.103-8869.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8869.151. MAINTENANCE AND OPERATION TAX | ||
CHAPTER 8869. WES-TEX GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8869.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Wes-Tex Groundwater | ||
Conservation District. (Acts 77th Leg., R.S., Ch. 1473, Sec. 2; | ||
New.) | ||
Sec. 8869.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Nolan County created under and | ||
essential to accomplish the purposes of Section 59, Article XVI, | ||
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1473, Secs. 1(a) | ||
(part), (b).) | ||
Sec. 8869.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The | ||
district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the works and projects accomplished by the | ||
district under the powers conferred by Section 59, Article XVI, | ||
Texas Constitution. (Acts 77th Leg., R.S., Ch. 1473, Sec. 4.) | ||
Sec. 8869.004. DISTRICT TERRITORY. The district's | ||
boundaries are coextensive with the boundaries of Nolan County, | ||
unless the district's territory has been modified under: | ||
(1) Subchapter J or K, Chapter 36, Water Code; or | ||
(2) other law. (Acts 77th Leg., R.S., Ch. 1473, Sec. | ||
3; New.) | ||
[Sections 8869.005-8869.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8869.051. COMPOSITION OF BOARD. The district is | ||
governed by a board of nine directors that consists of one at-large | ||
director and two directors from each county commissioners precinct. | ||
(Acts 77th Leg., R.S., Ch. 1473, Sec. 7(a) (part).) | ||
Sec. 8869.052. ELECTION OF DIRECTORS. (a) Directors are | ||
elected according to the commissioners precinct method as provided | ||
by this section. | ||
(b) One director is elected by the voters of the entire | ||
district. Two directors are elected from each county commissioners | ||
precinct by the voters of that precinct. Of the two directors | ||
elected from each precinct, one must reside in an incorporated area | ||
and one must reside in an unincorporated area. | ||
(c) A person shall indicate on the application for a place | ||
on the ballot: | ||
(1) the precinct that the person seeks to represent | ||
and whether that person resides in an incorporated or in an | ||
unincorporated area; or | ||
(2) that the person seeks to represent the district at | ||
large. | ||
(d) When the boundaries of the county commissioners | ||
precincts are redrawn under Section 18, Article V, Texas | ||
Constitution, a director in office on the effective date of the | ||
change, or elected or appointed before the effective date of the | ||
change to a term of office beginning on or after the effective date | ||
of the change, shall serve the term or the remainder of the term in | ||
the precinct to which elected or appointed even though the change in | ||
boundaries places the person's residence outside the precinct for | ||
which the person was elected or appointed. (Acts 77th Leg., R.S., | ||
Ch. 1473, Secs. 7(a) (part), 9(a), (b), (d), (e), as amended Acts | ||
79th Leg., R.S., Chs. 858, 1088.) | ||
Sec. 8869.053. TERMS. Directors serve staggered four-year | ||
terms with four or five members' terms expiring December 1 of each | ||
even-numbered year. (Acts 77th Leg., R.S., Ch. 1473, Secs. 7(d), | ||
11A, as added Acts 79th Leg., R.S., Chs. 858, 1088.) | ||
Sec. 8869.054. ELECTION DATE. On the uniform election date | ||
prescribed by Section 41.001, Election Code, in November of each | ||
even-numbered year, the appropriate number of directors shall be | ||
elected. (Acts 77th Leg., R.S., Ch. 1473, Sec. 11, as amended Acts | ||
79th Leg., R.S., Chs. 858, 1088.) | ||
Sec. 8869.055. QUALIFICATIONS FOR OFFICE. (a) To be a | ||
candidate for or to serve as director at large, a person must reside | ||
in and be a registered voter in the district. | ||
(b) To be a candidate for or to serve as director from an | ||
incorporated area of a county commissioners precinct, a person must | ||
reside in an incorporated area of and be a registered voter of that | ||
precinct. | ||
(c) To be a candidate for or to serve as director from an | ||
unincorporated area of a county commissioners precinct, a person | ||
must reside in an unincorporated area of and be a registered voter | ||
of that precinct. (Acts 77th Leg., R.S., Ch. 1473, Sec. 9(c).) | ||
[Sections 8869.056-8869.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8869.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by the general law of this state, | ||
including Chapter 36, Water Code, applicable to groundwater | ||
conservation districts created under Section 59, Article XVI, Texas | ||
Constitution. (Acts 77th Leg., R.S., Ch. 1473, Sec. 5(a) (part).) | ||
Sec. 8869.102. LIMITATIONS ON DISTRICT POWERS. | ||
Notwithstanding Section 8869.101, the district may not: | ||
(1) acquire land; | ||
(2) purchase, sell, transport, or distribute surface | ||
water or groundwater; | ||
(3) issue bonds; or | ||
(4) exercise eminent domain authority. (Acts 77th | ||
Leg., R.S., Ch. 1473, Sec. 6.) | ||
[Sections 8869.103-8869.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8869.151. MAINTENANCE AND OPERATION TAX. To pay the | ||
maintenance and operating expenses of the district, the board may | ||
impose taxes annually at a rate not to exceed three cents on each | ||
$100 of assessed valuation. (Acts 77th Leg., R.S., Ch. 1473, Sec. | ||
12.) | ||
CHAPTER 8870. TRINITY GLEN ROSE GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8870.001. DEFINITIONS | ||
Sec. 8870.002. NATURE OF DISTRICT | ||
Sec. 8870.003. PURPOSE | ||
Sec. 8870.004. FINDINGS OF PUBLIC USE AND BENEFIT | ||
Sec. 8870.005. DISTRICT TERRITORY | ||
Sec. 8870.006. MUNICIPALITY'S CHOICE OF DISTRICT | ||
Sec. 8870.007. EFFECT OF ANNEXATION OF LAND BY CERTAIN | ||
MUNICIPALITIES | ||
[Sections 8870.008-8870.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8870.051. COMPOSITION OF BOARD; TERMS | ||
Sec. 8870.052. ELECTION OF DIRECTORS | ||
Sec. 8870.053. ELECTION DATE | ||
Sec. 8870.054. QUALIFICATIONS FOR OFFICE | ||
Sec. 8870.055. BOARD VACANCY | ||
Sec. 8870.056. REVISION OF SINGLE-MEMBER DISTRICTS | ||
[Sections 8870.057-8870.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8870.101. GROUNDWATER CONSERVATION DISTRICT | ||
POWERS AND DUTIES | ||
Sec. 8870.102. REGULATION OF WELLS | ||
Sec. 8870.103. PUBLIC WATER SUPPLY WELLS; CERTAIN | ||
WELLS EXEMPT FROM REGULATION | ||
Sec. 8870.104. MANAGEMENT PRACTICES; CONSTRUCTION AND | ||
MAINTENANCE | ||
Sec. 8870.105. LIMITATIONS ON DISTRICT POWERS | ||
[Sections 8870.106-8870.150 reserved for expansion] | ||
SUBCHAPTER D. FINANCIAL PROVISIONS | ||
Sec. 8870.151. MAINTENANCE AND OPERATION TAX | ||
Sec. 8870.152. LIMITATION ON TAXES; PROHIBITED TAXES | ||
AND FEES | ||
Sec. 8870.153. FEES | ||
Sec. 8870.154. RECHARGE CREDITS | ||
Sec. 8870.155. USE OF DISTRICT FUNDS | ||
CHAPTER 8870. TRINITY GLEN ROSE GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8870.001. 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 Trinity Glen Rose Groundwater | ||
Conservation District. (Acts 77th Leg., R.S., Ch. 1312, Sec. 2; | ||
New.) | ||
Sec. 8870.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in the part of Bexar County | ||
overlying the Trinity Aquifer and is created under and essential to | ||
accomplish the purposes of Section 59, Article XVI, Texas | ||
Constitution. (Acts 77th Leg., R.S., Ch. 1312, Secs. 1(a) (part), | ||
(b).) | ||
Sec. 8870.003. PURPOSE. The purpose of the district is to | ||
develop and implement regulatory, conservation, and recharge | ||
programs that preserve and protect the underground water resources | ||
located within the district. (Acts 77th Leg., R.S., Ch. 1312, Sec. | ||
1(c).) | ||
Sec. 8870.004. 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 77th Leg., R.S., Ch. 1312, Sec. 4.) | ||
Sec. 8870.005. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 3, Chapter 1312, | ||
Acts of the 77th Legislature, Regular Session, 2001, as that | ||
territory may have been modified under: | ||
(1) Subsection (b) or its predecessor statute, former | ||
Section 3(b), Chapter 1312, Acts of the 77th Legislature, Regular | ||
Session, 2001; | ||
(2) Section 8870.006 or 8870.007 or their predecessor | ||
statutes, former Sections 19 and 19A, Chapter 1312, Acts of the 77th | ||
Legislature, Regular Session, 2001; | ||
(3) Subchapter J or K, Chapter 36, Water Code; or | ||
(4) other law. | ||
(b) The district may add territory inside the boundaries of | ||
the Edwards Aquifer Authority with the consent of the board of | ||
directors of the authority in the manner provided by Subchapter J, | ||
Chapter 36, Water Code. (Acts 77th Leg., R.S., Ch. 1312, Sec. 3(b); | ||
New.) | ||
Sec. 8870.006. MUNICIPALITY'S CHOICE OF DISTRICT. (a) If | ||
any part of a municipality, a part of which is included within the | ||
boundaries of the district, is included within the boundaries of | ||
one or more other groundwater conservation districts created by | ||
special Act of the 77th Legislature, Regular Session, 2001, and | ||
confirmed at a subsequent election called for the purpose, the | ||
municipality, not later than August 31, 2004, at an election called | ||
for the purpose, may vote to choose the one groundwater | ||
conservation district of which it will be a part. | ||
(b) If, after a municipality has held an election authorized | ||
by Subsection (a), another groundwater conservation district | ||
created by special Act of the 77th Legislature, Regular Session, | ||
2001, that includes any part of the municipality is confirmed at an | ||
election called for the purpose and if the district of which the | ||
municipality has chosen to be a part has not issued bonds secured by | ||
ad valorem taxes on any land within the boundaries of the | ||
municipality, the municipality may hold another election under this | ||
section to choose whether to remain within the groundwater | ||
conservation district of which it has chosen to be a part or to | ||
separate from that district and become part of the newly confirmed | ||
groundwater conservation district. The district may hold another | ||
election under this section, regardless of the number of previous | ||
elections under this section, at any time a district described by | ||
Subsection (a) is confirmed. | ||
(c) Section 41.001(a), Election Code, does not apply to an | ||
election under this section. | ||
(d) This section and the results of an election held under | ||
this section prevail over the provisions of any Act of the 77th | ||
Legislature, Regular Session, 2001, other than Chapter 1312, Acts | ||
of the 77th Legislature, Regular Session, 2001, regardless of the | ||
relative dates on which Chapter 1312, Acts of the 77th Legislature, | ||
Regular Session, 2001, and the other Act were enacted and became | ||
law. (Acts 77th Leg., R.S., Ch. 1312, Secs. 19(a), (b), (c) (part), | ||
(d).) | ||
Sec. 8870.007. EFFECT OF ANNEXATION OF LAND BY CERTAIN | ||
MUNICIPALITIES. (a) In this section: | ||
(1) "Inhabited land" means land on which at least one | ||
fixed, permanent, and occupied dwelling is situated, as of the date | ||
on which the land is annexed by a municipality. | ||
(2) "Vacant land" means land on which no fixed, | ||
permanent, and occupied dwelling is situated, as of the date on | ||
which the land is annexed by a municipality. | ||
(b) If a municipality that has held an election under | ||
Section 8870.006 or its predecessor statute, former Section 19, | ||
Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001, | ||
subsequently annexes vacant land that is not located in the | ||
groundwater conservation district chosen by the municipality in the | ||
election, the annexed vacant land by that action: | ||
(1) becomes part of the territory of the groundwater | ||
conservation district chosen by the municipality in the election; | ||
and | ||
(2) is disannexed from any other groundwater | ||
conservation district in which the land is located. | ||
(c) If a municipality that has held an election under | ||
Section 8870.006 or its predecessor statute, former Section 19, | ||
Chapter 1312, Acts of the 77th Legislature, Regular Session, 2001, | ||
subsequently annexes inhabited land that is not located in the | ||
groundwater conservation district chosen by the municipality in the | ||
election, the landowners of the annexed inhabited land may file a | ||
petition with the groundwater conservation district requesting | ||
inclusion in that district as provided by Subchapter J, Chapter 36, | ||
Water Code. Notwithstanding Section 36.325(b), Water Code, the | ||
petition must be signed by all of the landowners of the land to be | ||
annexed by the groundwater conservation district. If the affected | ||
landowners do not file a petition as provided by this subsection, | ||
the municipality shall hold an election under Section 8870.006 in | ||
which the voters in the annexed inhabited land may choose the one | ||
groundwater conservation district of which the annexed land will be | ||
a part. | ||
(d) Any land annexed by the municipality after an election | ||
under Section 8870.006 or its predecessor statute, former Section | ||
19, Chapter 1312, Acts of the 77th Legislature, Regular Session, | ||
2001, and before the effective date of this section is: | ||
(1) territory of the district chosen by the | ||
municipality in the election; and | ||
(2) disannexed from any other groundwater | ||
conservation district in which the land is located. | ||
(e) A disannexation of a groundwater conservation | ||
district's territory under this section does not diminish or impair | ||
the rights of the holders of any outstanding and unpaid bonds, | ||
warrants, or other obligations of that groundwater conservation | ||
district. Property disannexed under this section is not released | ||
from its pro rata share of any indebtedness of that groundwater | ||
conservation district at the time of the disannexation, and that | ||
groundwater conservation district may continue to tax the property | ||
until that debt is paid. (Acts 77th Leg., R.S., Ch. 1312, Sec. 19A.) | ||
[Sections 8870.008-8870.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8870.051. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of five directors. | ||
(b) Directors serve staggered four-year terms. (Acts 77th | ||
Leg., R.S., Ch. 1312, Secs. 7(a), 11(c).) | ||
Sec. 8870.052. ELECTION OF DIRECTORS. (a) The district is | ||
divided into five numbered, single-member districts for electing | ||
directors. | ||
(b) One director is elected from each single-member | ||
district. A director elected from a single-member district | ||
represents the residents of that single-member district. (Acts | ||
77th Leg., R.S., Ch. 1312, Secs. 6(a), (b).) | ||
Sec. 8870.053. ELECTION DATE. Each even-numbered year, on | ||
the uniform election date in May or another date authorized by law, | ||
the appropriate number of directors shall be elected. (Acts 77th | ||
Leg., R.S., Ch. 1312, Sec. 12.) | ||
Sec. 8870.054. QUALIFICATIONS FOR OFFICE. (a) To be | ||
qualified to be a candidate for or to serve as director, a person | ||
must be a registered voter in the single-member district that the | ||
person represents or seeks to represent. | ||
(b) The disqualification of a director is governed by | ||
Section 49.052, Water Code. (Acts 77th Leg., R.S., Ch. 1312, Secs. | ||
5(c), 6(c).) | ||
Sec. 8870.055. BOARD VACANCY. (a) The board shall appoint a | ||
replacement to fill a vacancy in the office of director. | ||
(b) The appointed replacement serves until the next | ||
directors' election. | ||
(c) At that election, a person is elected to fill the | ||
position. If the position is not scheduled to be filled at the | ||
election, the person elected to fill the position serves only for | ||
the remainder of the unexpired term. (Acts 77th Leg., R.S., Ch. | ||
1312, Sec. 7(b).) | ||
Sec. 8870.056. REVISION OF SINGLE-MEMBER DISTRICTS. (a) | ||
The board may revise the single-member districts as necessary or | ||
appropriate. | ||
(b) The board shall revise each single-member district | ||
after each federal decennial census to reflect population changes. | ||
(c) At the first election after the single-member districts | ||
are revised, a new director shall be elected from each district. | ||
The directors shall draw lots to determine which two directors | ||
serve two-year terms and which three directors serve four-year | ||
terms. (Acts 77th Leg., R.S., Ch. 1312, Sec. 6(d).) | ||
[Sections 8870.057-8870.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8870.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by the general law of this state, | ||
including Chapter 36, Water Code, applicable to groundwater | ||
conservation districts created under Section 59, Article XVI, Texas | ||
Constitution. (Acts 77th Leg., R.S., Ch. 1312, Sec. 5(a).) | ||
Sec. 8870.102. REGULATION OF WELLS. (a) The board may | ||
require all or certain types of wells in the district to be | ||
registered with the district. | ||
(b) Notwithstanding Section 36.117, Water Code: | ||
(1) the production capacity for an exempt well in the | ||
district is 10,000 gallons per day or less; and | ||
(2) an exempt domestic well in the district may not | ||
serve more than five households. | ||
(c) A well on or serving a tract of land of less than five | ||
acres that is installed after September 1, 2001, regardless of | ||
whether a plat is required or whether the production capacity of the | ||
well is less than 10,000 gallons per day, is not an exempt well. | ||
(d) This section does not affect the exempt status of public | ||
water supply wells under Section 8870.103. (Acts 77th Leg., R.S., | ||
Ch. 1312, Secs. 14(a), (b), (c), (d).) | ||
Sec. 8870.103. PUBLIC WATER SUPPLY WELLS; CERTAIN WELLS | ||
EXEMPT FROM REGULATION. (a) A public water supply well is exempt | ||
from regulation by the district if: | ||
(1) the well existed on September 1, 2001, and was | ||
drilled in compliance with technical requirements in effect at the | ||
time the well was drilled; or | ||
(2) the commission approved plans submitted for the | ||
installation of the well before September 1, 2001, and the | ||
installation of the well was completed in accordance with the | ||
approved plans and the commission's technical requirements before | ||
September 1, 2002. | ||
(b) For the purposes of Subsection (a)(2), the installation | ||
of a well was timely completed if, before September 1, 2002, the | ||
well was drilled, cased, and cemented in accordance with the | ||
commission's technical requirements and the plans submitted to and | ||
approved by the commission before September 1, 2001, even if the | ||
well was capped for subsequent placement into service as part of a | ||
public water system. | ||
(c) The owner of a public water supply well shall register | ||
the well with the district and submit reports to the district. A | ||
public water supply well is subject to the district's prohibitions | ||
on the waste of groundwater. | ||
(d) The district may not require a construction or operating | ||
permit for a public water supply well approved by the commission. | ||
(e) Fees a retail public utility pays to the district shall | ||
be collected directly from the customers of the utility as a | ||
regulatory fee and shown as a separate line item on the customer's | ||
bill. | ||
(f) The district may not prohibit the sale, purchase, lease, | ||
or trade of groundwater by a private well owner under this section. | ||
(Acts 77th Leg., R.S., Ch. 1312, Sec. 16.) | ||
Sec. 8870.104. MANAGEMENT PRACTICES; CONSTRUCTION AND | ||
MAINTENANCE. The district may: | ||
(1) construct, implement, and maintain best | ||
management practices in the district; | ||
(2) engage in and promote the acceptance of best | ||
management practices through education efforts sponsored by the | ||
district; | ||
(3) include the construction and maintenance of | ||
terraces and other structures on land in the district; | ||
(4) engage in and promote land treatment measures for | ||
soil conservation and improvement; and | ||
(5) prepare and implement a plan for the control and | ||
management of brush within the district. (Acts 77th Leg., R.S., Ch. | ||
1312, Sec. 14(e).) | ||
Sec. 8870.105. LIMITATIONS ON DISTRICT POWERS. The | ||
district may not: | ||
(1) sell, donate, lease, or otherwise grant rights in | ||
or to underground water located in the district unless the action | ||
has been approved by a majority vote of district residents; or | ||
(2) enter into any contract or engage in any action to | ||
purchase, sell, transport, and distribute surface water or | ||
groundwater for any purpose other than a program for aquifer | ||
storage and recovery of water. (Acts 77th Leg., R.S., Ch. 1312, | ||
Sec. 15(a) (part).) | ||
[Sections 8870.106-8870.150 reserved for expansion] | ||
SUBCHAPTER D. FINANCIAL PROVISIONS | ||
Sec. 8870.151. MAINTENANCE AND OPERATION TAX. (a) Except | ||
as provided by Subsection (b), the board may impose a maintenance | ||
and operation tax if the tax is approved by a majority of the | ||
qualified voters voting at an election called and held for that | ||
purpose in the manner provided by Section 36.201, Water Code. | ||
(b) If the district imposes a fee under Section 8870.153, | ||
the district may not impose a tax under this section. (Acts 77th | ||
Leg., R.S., Ch. 1312, Secs. 13(a), (i) (part).) | ||
Sec. 8870.152. LIMITATION ON TAXES; PROHIBITED TAXES AND | ||
FEES. (a) The district may not assess an ad valorem tax for | ||
administrative, operation, and maintenance expenses in excess of | ||
three cents for each $100 valuation. | ||
(b) The district may not impose a tax on or charge a fee to | ||
any person in the district who does not obtain water from the | ||
Trinity Aquifer. | ||
(c) The district may not impose a fee or tax on: | ||
(1) a municipality that has held an election under | ||
Section 8870.006 or its predecessor statute, Section 19, Chapter | ||
1312, Acts of the 77th Legislature, Regular Session, 2001, and | ||
obtains at least 50 percent of its annual water supply from a source | ||
other than the Trinity Aquifer; | ||
(2) a municipally owned utility, as defined by Section | ||
13.002, Water Code, of a municipality described by Subdivision (1); | ||
or | ||
(3) a resident of or other water user within a | ||
municipality described by Subdivision (1), whose sole source of | ||
water is the municipality or the municipally owned utility of the | ||
municipality. (Acts 77th Leg., R.S., Ch. 1312, Secs. 15(a) (part), | ||
17.) | ||
Sec. 8870.153. FEES. (a) Except as provided by Subsection | ||
(g), the board may impose fees on each nonexempt well in the | ||
district. | ||
(b) A fee may be assessed annually, based on: | ||
(1) the size of column pipe used in the well; | ||
(2) the production capacity of the well; or | ||
(3) actual, authorized, and anticipated pumpage. | ||
(c) A fee imposed under this section may not exceed: | ||
(1) $1 per acre-foot for water used for agricultural | ||
purposes; or | ||
(2) $40 per acre-foot for water used for a purpose | ||
other than an agricultural purpose. | ||
(d) The board may use fees as a regulatory mechanism or a | ||
revenue-producing mechanism. | ||
(e) The board shall adopt rules regarding: | ||
(1) fee rates; | ||
(2) the manner and form for filing reports of fees; and | ||
(3) the manner of collecting fees. | ||
(f) To secure payment of a fee imposed under this section, a | ||
lien attaches to the property on which the well is located. The lien | ||
has the same priority and characteristics as a lien for district | ||
taxes. The district may use the lien and all other powers that the | ||
district possesses to collect the payment of the fee. | ||
(g) If the district imposes a tax under Section 8870.151, | ||
the district may not impose a fee under this section. (Acts 77th | ||
Leg., R.S., Ch. 1312, Secs. 13(b), (b-1), (c) (part), (d), (e), (i) | ||
(part).) | ||
Sec. 8870.154. RECHARGE CREDITS. The board shall adopt | ||
rules regarding the issuance of appropriate recharge credits to | ||
persons in the district who: | ||
(1) pay taxes or fees to the district; and | ||
(2) enhance, supplement, improve, or prevent | ||
pollution of recharge of the Trinity Aquifer. (Acts 77th Leg., | ||
R.S., Ch. 1312, Sec. 13(c) (part).) | ||
Sec. 8870.155. USE OF DISTRICT FUNDS. (a) The district | ||
may use a tax collected under Section 8870.151 or a fee collected | ||
under Section 8870.153 to pay for the district's management and | ||
operation and to pay all or part of the principal of and interest on | ||
district bonds or notes. | ||
(b) The board shall use a tax collected under Section | ||
8870.151 or a fee collected under Section 8870.153 to pay for: | ||
(1) studies and planning required to develop a | ||
scientifically based regulatory program; | ||
(2) soil and water conservation measures, including | ||
water-retarding structures and brush management and the | ||
implementation of other best management practices to address | ||
natural resource concerns in the district; | ||
(3) direct installation of water conservation devices | ||
and early retirement of older devices; | ||
(4) educational material relating to soil and water | ||
conservation; and | ||
(5) enforcement programs or regulatory programs. | ||
(c) The district may spend a tax collected under Section | ||
8870.151 or a fee collected under Section 8870.153 for the purposes | ||
described by Subsection (b)(2) independently or in conjunction with | ||
other natural resource programs in the district. (Acts 77th Leg., | ||
R.S., Ch. 1312, Secs. 13(f), (g), (h).) | ||
SECTION 1.06. Subtitle I, Title 6, Special District Local | ||
Laws Code, is amended by adding Chapters 9013, 9018, 9019, 9026, | ||
9029, 9032, and 9033 to read as follows: | ||
CHAPTER 9013. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT | ||
NO. 6 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9013.001. DEFINITIONS | ||
Sec. 9013.002. NATURE OF DISTRICT | ||
Sec. 9013.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 9013.004. APPLICABILITY OF WATER CONTROL AND | ||
IMPROVEMENT DISTRICTS LAW | ||
[Sections 9013.005-9013.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT TERRITORY | ||
Sec. 9013.051. DISTRICT TERRITORY | ||
Sec. 9013.052. HEARINGS FOR EXCLUSION OF TERRITORY | ||
[Sections 9013.053-9013.100 reserved for expansion] | ||
SUBCHAPTER C. BOARD OF DIRECTORS | ||
Sec. 9013.101. COMPOSITION OF BOARD | ||
Sec. 9013.102. ELIGIBILITY | ||
Sec. 9013.103. DIRECTOR'S BOND | ||
Sec. 9013.104. FAILURE TO ELECT DIRECTORS | ||
[Sections 9013.105-9013.150 reserved for expansion] | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 9013.151. GENERAL POWERS | ||
Sec. 9013.152. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS | ||
Sec. 9013.153. CONTROL OF WATER AND FLOODWATER; | ||
RECLAMATION | ||
Sec. 9013.154. STRUCTURES AND FACILITIES | ||
Sec. 9013.155. COST OF RELOCATING OR ALTERING PROPERTY | ||
[Sections 9013.156-9013.200 reserved for expansion] | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9013.201. TAX METHOD | ||
Sec. 9013.202. HEARING ON CHANGE IN METHOD OF | ||
TAXATION; LIMITATION | ||
Sec. 9013.203. PROJECTS EXEMPT FROM ASSESSMENT OR | ||
TAXATION | ||
Sec. 9013.204. MAINTENANCE TAX ELECTION PROCEDURES | ||
Sec. 9013.205. MAINTENANCE TAX RATE | ||
Sec. 9013.206. USE OF MAINTENANCE TAX PROCEEDS | ||
Sec. 9013.207. APPROVAL OF AND FUNDING FOR CERTAIN | ||
PLANS FOR WORKS AND IMPROVEMENTS | ||
[Sections 9013.208-9013.250 reserved for expansion] | ||
SUBCHAPTER F. BONDS | ||
Sec. 9013.251. ISSUANCE OF BONDS | ||
Sec. 9013.252. FAILED BOND ELECTION | ||
Sec. 9013.253. BONDS EXEMPT FROM TAXATION | ||
CHAPTER 9013. BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT | ||
NO. 6 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9013.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Bell County Water Control and | ||
Improvement District No. 6. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. | ||
1 (part); New.) | ||
Sec. 9013.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Bell County. (Acts 55th | ||
Leg., 1st C.S., Ch. 18, Sec. 1 (part).) | ||
Sec. 9013.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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. | ||
(d) 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 55th | ||
Leg., 1st C.S., Ch. 18, Secs. 1 (part), 2 (part), 3 (part).) | ||
Sec. 9013.004. APPLICABILITY OF WATER CONTROL AND | ||
IMPROVEMENT DISTRICTS LAW. Except as provided in this chapter, | ||
general laws pertaining to water control and improvement districts | ||
govern the district. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 13.) | ||
[Sections 9013.005-9013.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT TERRITORY | ||
Sec. 9013.051. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 2, Chapter 18, Acts | ||
of the 55th Legislature, 1st Called Session, 1957, as amended by | ||
Section 1, Chapter 300, Acts of the 57th Legislature, Regular | ||
Session, 1961, as that territory may have been modified under: | ||
(1) Subchapter O, Chapter 51, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake 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 bonds 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 55th Leg., 1st C.S., Ch. 18, Secs. 1 (part), | ||
2 (part); New.) | ||
Sec. 9013.052. HEARINGS FOR EXCLUSION OF TERRITORY. A | ||
hearing may not be held to determine whether to exclude property | ||
included in the district. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 6 | ||
(part).) | ||
[Sections 9013.053-9013.100 reserved for expansion] | ||
SUBCHAPTER C. BOARD OF DIRECTORS | ||
Sec. 9013.101. COMPOSITION OF BOARD. The board consists of | ||
six elected directors. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 14 | ||
(part).) | ||
Sec. 9013.102. ELIGIBILITY. (a) Each director of the | ||
district must: | ||
(1) be a landowner within the district; and | ||
(2) reside in Bell County. | ||
(b) A director who fails to meet the requirements of this | ||
section during the director's tenure in office shall vacate that | ||
office. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 14 (part).) | ||
Sec. 9013.103. DIRECTOR'S BOND. Each director shall give a | ||
bond in the amount of $1,000 for the faithful performance of the | ||
director's duties. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 9 | ||
(part).) | ||
Sec. 9013.104. FAILURE TO ELECT DIRECTORS. Failure to call | ||
a director election does not affect the legal status of the | ||
district, the board, a director, or the right of the board to act or | ||
function, and the directors continue to serve as provided by | ||
Section 17, Article XVI, Texas Constitution. (Acts 55th Leg., 1st | ||
C.S., Ch. 18, Sec. 9 (part).) | ||
[Sections 9013.105-9013.150 reserved for expansion] | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 9013.151. GENERAL POWERS. The district may exercise | ||
the rights, privileges, and functions provided by this chapter. | ||
(Acts 55th Leg., 1st C.S., Ch. 18, Sec. 1 (part).) | ||
Sec. 9013.152. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS. To accomplish a purpose for which the district is created, | ||
the district has the powers conferred by the general laws of this | ||
state on water control and improvement districts, including the | ||
power to: | ||
(1) construct, acquire, improve, maintain, and repair | ||
a dam or other structure; and | ||
(2) acquire land, easements, equipment, or other | ||
property needed to use, control, and distribute water that may be | ||
impounded, diverted, or controlled by the district. (Acts 55th | ||
Leg., 1st C.S., Ch. 18, Sec. 5.) | ||
Sec. 9013.153. CONTROL OF WATER AND FLOODWATER; | ||
RECLAMATION. The district has the power to: | ||
(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 the lands | ||
in the district; | ||
(2) carry out flood prevention measures to prevent | ||
damage to the property in the district; and | ||
(3) reclaim lands heretofore damaged because of the | ||
failure to provide the facilities authorized to be constructed | ||
under this chapter. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 4.) | ||
Sec. 9013.154. STRUCTURES AND FACILITIES. The district may | ||
acquire, construct, improve, repair, maintain, and operate a | ||
structure or facility inside or outside the district. (Acts 55th | ||
Leg., 1st C.S., Ch. 18, Sec. 9 (part).) | ||
Sec. 9013.155. 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 the relocating, raising, rerouting, changing the grade, | ||
or altering the construction of a highway, a railroad, an electric | ||
transmission line, a telephone or telegraph property or facility, | ||
or a pipeline, the necessary action shall be accomplished at the | ||
sole expense of the district. (Acts 55th Leg., 1st C.S., Ch. 18, | ||
Sec. 5a.) | ||
[Sections 9013.156-9013.200 reserved for expansion] | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9013.201. TAX METHOD. Subject to Section 9013.202, | ||
the district shall use an ad valorem plan of taxation, and the taxes | ||
imposed by the district shall be on an ad valorem basis. (Acts 55th | ||
Leg., 1st C.S., Ch. 18, Sec. 6 (part); New.) | ||
Sec. 9013.202. HEARING ON CHANGE IN METHOD OF TAXATION; | ||
LIMITATION. (a) Except as provided by Subsection (b), the district | ||
may call a hearing to consider changing the method of taxation. | ||
(b) Once district bonds are approved by the attorney general | ||
or district court, the district may not change its plan of taxation. | ||
(Acts 55th Leg., 1st C.S., Ch. 18, Sec. 10 (part).) | ||
Sec. 9013.203. PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION. | ||
The district is not required to pay a tax or assessment on a project | ||
or any part of a project. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 3 | ||
(part).) | ||
Sec. 9013.204. MAINTENANCE TAX ELECTION PROCEDURES. (a) A | ||
maintenance tax election shall be called and notice given in the | ||
same manner as for a bond election. | ||
(b) This chapter does not prevent the calling of a later | ||
maintenance tax election to establish or increase the amount of tax | ||
if the board determines that a maintenance tax election is | ||
required. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 8 (part).) | ||
Sec. 9013.205. 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 proposed rate approved by the voters, the board | ||
must submit the question of a tax rate increase to the voters. | ||
(Acts 55th Leg., 1st C.S., Ch. 18, Sec. 8 (part).) | ||
Sec. 9013.206. USE OF MAINTENANCE TAX PROCEEDS. (a) The | ||
district may spend maintenance tax proceeds for: | ||
(1) an easement or right-of-way; | ||
(2) any purpose for which a district may spend bond | ||
proceeds; and | ||
(3) maintenance and operation purposes. | ||
(b) The district may place surplus maintenance tax proceeds | ||
not needed for maintenance purposes into the sinking funds for | ||
outstanding district bonds. | ||
(c) The board's determination to spend maintenance tax | ||
proceeds is final and is not subject to judicial review, except on | ||
the grounds of fraud, palpable error, or gross abuse of discretion. | ||
(Acts 55th Leg., 1st C.S., Ch. 18, Sec. 9 (part).) | ||
Sec. 9013.207. APPROVAL OF AND FUNDING FOR CERTAIN PLANS | ||
FOR WORKS AND IMPROVEMENTS. (a) In this section, "commission" | ||
means the Texas Commission on Environmental Quality. | ||
(b) This section applies only to plans contemplated by the | ||
district for works and improvements, or amendments to the plans, | ||
that are prepared by the Natural Resources Conservation Service of | ||
the United States Department of Agriculture and approved by the | ||
district directors. | ||
(c) An engineer's report covering the plans and | ||
improvements to be constructed, and the maps, plats, profiles, and | ||
data fully showing and explaining the plans and improvements, are | ||
not required to be filed in the district office before an election | ||
is held to authorize the issuance of bonds for the works and | ||
improvements. The plans and specifications, engineering reports, | ||
profiles, maps, and other data, and subsequent amendments to those | ||
items, are not required to be approved by the commission before the | ||
bonds are issued. | ||
(d) Before the district may spend any funds for the | ||
construction of any works and improvements, the commission must | ||
approve the portion of the works and improvements to be | ||
constructed. The commission's advance approval for the entire | ||
project contemplated by the district is not required. The | ||
commission may approve on a separate basis the portion of the entire | ||
project or works and improvements: | ||
(1) to be constructed at a particular time; and | ||
(2) on which plans and specifications of the Natural | ||
Resources Conservation Service have been prepared and submitted by | ||
the district to the commission. (Acts 55th Leg., 1st C.S., Ch. 18, | ||
Sec. 9 (part); New.) | ||
[Sections 9013.208-9013.250 reserved for expansion] | ||
SUBCHAPTER F. BONDS | ||
Sec. 9013.251. ISSUANCE OF BONDS. To accomplish a district | ||
purpose, the district may issue bonds as provided by general law for | ||
water control and improvement districts to obtain money necessary | ||
to furnish land or easements or permanent improvements on the land | ||
or easements. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 8 (part).) | ||
Sec. 9013.252. FAILED BOND ELECTION. (a) A general law, | ||
including Sections 51.781-51.791, Water Code, that provides for | ||
calling a hearing on the dissolution of a district after a failed | ||
district bond election does not apply to the district. | ||
(b) The district continues to exist and retain its full | ||
power to function and operate regardless of the outcome of a bond | ||
election. (Acts 55th Leg., 1st C.S., Ch. 18, Sec. 9 (part).) | ||
Sec. 9013.253. BONDS EXEMPT FROM TAXATION. A bond issued | ||
under this chapter, the transfer of the bond, and income from the | ||
bond, including profits made on the sale of the bond, are exempt | ||
from taxation in this state. (Acts 55th Leg., 1st C.S., Ch. 18, | ||
Sec. 3 (part).) | ||
CHAPTER 9018. BOLING MUNICIPAL WATER DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9018.001. DEFINITIONS | ||
Sec. 9018.002. NATURE OF DISTRICT | ||
Sec. 9018.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
[Sections 9018.004-9018.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION AND EXCLUSION | ||
Sec. 9018.051. DISTRICT TERRITORY | ||
Sec. 9018.052. AUTHORITY TO ANNEX OR EXCLUDE TERRITORY | ||
Sec. 9018.053. PETITION TO CHANGE BOUNDARIES | ||
Sec. 9018.054. HEARING; NOTICE | ||
Sec. 9018.055. BOARD APPROVAL OF ANNEXATION | ||
Sec. 9018.056. BOARD APPROVAL OF EXCLUSION | ||
Sec. 9018.057. RATIFICATION ELECTION; NOTICE | ||
Sec. 9018.058. TAX LIABILITY OF EXCLUDED TERRITORY; | ||
BONDS OUTSTANDING | ||
[Sections 9018.059-9018.100 reserved for expansion] | ||
SUBCHAPTER C. BOARD OF DIRECTORS | ||
Sec. 9018.101. COMPOSITION OF BOARD | ||
[Sections 9018.102-9018.150 reserved for expansion] | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 9018.151. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS | ||
Sec. 9018.152. COST OF RELOCATING OR ALTERING PROPERTY | ||
[Sections 9018.153-9018.200 reserved for expansion] | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9018.201. TAX METHOD | ||
CHAPTER 9018. BOLING MUNICIPAL WATER DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9018.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "District" means the Boling Municipal Water | ||
District. (Acts 54th Leg., R.S., Ch. 286, Sec. 1 (part); New.) | ||
Sec. 9018.002. NATURE OF DISTRICT. The district is: | ||
(1) a conservation and reclamation district in Wharton | ||
County under Section 59, Article XVI, Texas Constitution; and | ||
(2) a municipal corporation. (Acts 54th Leg., R.S., | ||
Ch. 286, Secs. 1 (part), 5 (part).) | ||
Sec. 9018.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of the district will benefit from the creation of the district. | ||
(c) The creation of the district is essential to accomplish | ||
the purpose of Section 59, Article XVI, Texas Constitution. (Acts | ||
54th Leg., R.S., Ch. 286, Secs. 4 (part), 5 (part).) | ||
[Sections 9018.004-9018.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION AND EXCLUSION | ||
Sec. 9018.051. DISTRICT TERRITORY. The district is | ||
composed of the territory described by Section 1, Chapter 286, Acts | ||
of the 54th Legislature, Regular Session, 1955, as that territory | ||
may have been modified under: | ||
(1) this subchapter or its predecessor statute, | ||
Section 4(a), Chapter 286, Acts of the 54th Legislature, Regular | ||
Session, 1955; | ||
(2) Subchapter O, Chapter 51, Water Code; | ||
(3) Subchapter J, Chapter 49, Water Code; or | ||
(4) other law. (New.) | ||
Sec. 9018.052. AUTHORITY TO ANNEX OR EXCLUDE TERRITORY. | ||
Defined areas of territory not included in the territory described | ||
by Section 1, Chapter 286, Acts of the 54th Legislature, Regular | ||
Session, 1955, may be added to the district, and territory included | ||
in the district may be excluded from the district as provided by | ||
this subchapter. (Acts 54th Leg., R.S., Ch. 286, Sec. 4(a) (part).) | ||
Sec. 9018.053. PETITION TO CHANGE BOUNDARIES. (a) A | ||
petition for: | ||
(1) annexation of territory must be signed by a | ||
majority of the landowners of the territory; and | ||
(2) exclusion of territory must be signed by all of the | ||
landowners of the territory sought to be excluded from the | ||
district. | ||
(b) The petition must be filed with the board secretary. | ||
(Acts 54th Leg., R.S., Ch. 286, Sec. 4(a), Subsec. (a).) | ||
Sec. 9018.054. HEARING; NOTICE. (a) At the next board | ||
meeting after the date the petition is filed, the board shall order | ||
a time and place to hold a hearing on the petition. | ||
(b) The hearing shall be held not earlier than the 15th day | ||
and not later than the 60th day after the date of the order. | ||
(c) The secretary shall issue notice of the time and place | ||
of the hearing. The notice must contain a description of the | ||
territory sought to be annexed or excluded. | ||
(d) Notice of the hearing shall be given by posting a copy of | ||
the notice in three public places in the district and one copy in | ||
the territory sought to be annexed or excluded. (Acts 54th Leg., | ||
R.S., Ch. 286, Sec. 4(a), Subsecs. (b), (c).) | ||
Sec. 9018.055. BOARD APPROVAL OF ANNEXATION. (a) The board | ||
shall enter an order of temporary acceptance in the minutes of the | ||
hearing if, on hearing the petition for annexation, the board finds | ||
that: | ||
(1) the proposed annexation is to the advantage of the | ||
district; | ||
(2) no injury would result to the district; and | ||
(3) the territory to be annexed will benefit from the | ||
improvements and plans of the district. | ||
(b) The order may include all of the land described in the | ||
petition, but if the board finds a modification or change is | ||
necessary, the board shall include only territory that will benefit | ||
and not result in injury to the existing district. | ||
(c) The board may condition its findings for the annexation | ||
of territory on the grant of certain petitions for exclusion. | ||
(d) An annexation of territory does not become effective | ||
until ratified at an election under Section 9018.057. (Acts 54th | ||
Leg., R.S., Ch. 286, Sec. 4(a), Subsec. (d) (part).) | ||
Sec. 9018.056. BOARD APPROVAL OF EXCLUSION. (a) The board | ||
may enter an order of temporary exclusion of territory if, on | ||
hearing the petition for exclusion, the board finds that: | ||
(1) the territory will not be benefited by the further | ||
improvements planned by the district; and | ||
(2) the benefits accorded to the territory to be | ||
excluded by improvements previously authorized by the district do | ||
not have a proportionate relationship to the benefits received by | ||
the remainder of the district. | ||
(b) An exclusion of territory does not become effective | ||
until ratified at an election under Section 9018.057. (Acts 54th | ||
Leg., R.S., Ch. 286, Sec. 4(a), Subsec. (d) (part).) | ||
Sec. 9018.057. RATIFICATION ELECTION; NOTICE. | ||
(a) Immediately on the entry of an order under Section 9018.055 or | ||
9018.056, the board shall enter an order for an election for the | ||
purpose of ratifying the board's action by the assumption of the | ||
proportionate share of all obligations previously issued, voted, | ||
owned, or contracted for by the district. | ||
(b) At an election held to ratify only the annexation of | ||
territory, separate polling places shall be provided for the | ||
existing territory of the district and the territory to be annexed. | ||
(c) An election held only to ratify the exclusion of | ||
territory from the district shall be held in the area of the | ||
district as the district will exist if the territory is excluded, | ||
and the voters of the territory to be excluded may not participate | ||
in the election. | ||
(d) If the annexation and the exclusion of territory are | ||
simultaneously submitted as separate propositions, the election | ||
shall be held as provided by Subsection (b) except: | ||
(1) the voters in the territory to be excluded shall | ||
vote, in a separate box, only on the question of assumption of debt | ||
if the election for the exclusion fails; and | ||
(2) the voters in the territory to be annexed and the | ||
voters in the district shall have the right to vote for assumption | ||
of debt conditioned on exclusion of the other territory and the | ||
annexation. | ||
(e) If the board has conditioned an annexation on the | ||
exclusion of other territory from the district, the election shall | ||
be held as provided by Subsection (b), except the voters of the | ||
territory to be excluded may not vote in the election. | ||
(f) If a separate polling place is required under this | ||
section, a favorable majority of the participating voters at each | ||
polling place is required to assume the debt and approve the | ||
tentative order of the board. | ||
(g) The manner of giving notice and holding the election is | ||
the same as provided for confirmation elections under general law | ||
for water control and improvement districts. (Acts 54th Leg., | ||
R.S., Ch. 286, Sec. 4(a), Subsec. (e).) | ||
Sec. 9018.058. TAX LIABILITY OF EXCLUDED TERRITORY; BONDS | ||
OUTSTANDING. (a) Territory excluded by an election is not liable | ||
for any obligations voted by the district after the election. | ||
(b) The excluded territory remains liable for the payment of | ||
taxes to pay obligations incurred before the exclusion until: | ||
(1) all of the holders of outstanding bonds: | ||
(A) consent to the release of the excluded | ||
territory; and | ||
(B) file the consent in writing with the | ||
secretary of the district; or | ||
(2) the obligations are paid or refunded. | ||
(c) The territory assuming the obligations is first subject | ||
to taxes for the payment of the obligations. The taxes against the | ||
excluded territory are levied only to prevent default on the | ||
obligations, except the district may levy taxes against the | ||
territory to create and maintain a reserve for that contingency. | ||
The reserve may not exceed the proportionate amount, based on tax | ||
valuations, of the average annual principal and interest | ||
requirements on the outstanding obligations. | ||
(d) If the bonds are refunded, the resolution must expressly | ||
provide for the release of the excluded territory from the | ||
obligation to pay further taxes. (Acts 54th Leg., R.S., Ch. 286, | ||
Sec. 4(a), Subsec. (f).) | ||
[Sections 9018.059-9018.100 reserved for expansion] | ||
SUBCHAPTER C. BOARD OF DIRECTORS | ||
Sec. 9018.101. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 54th Leg., R.S., Ch. 286, Sec. 3 | ||
(part).) | ||
[Sections 9018.102-9018.150 reserved for expansion] | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 9018.151. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS. 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 54th | ||
Leg., R.S., Ch. 286, Sec. 2 (part).) | ||
Sec. 9018.152. 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 the relocating, raising, rerouting, changing the grade, | ||
or altering the construction of a highway, railroad, electric | ||
transmission line, pipeline, or telegraph or telephone property or | ||
facility, the necessary action shall be accomplished at the sole | ||
expense of the district. (Acts 54th Leg., R.S., Ch. 286, Sec. 2A.) | ||
[Sections 9018.153-9018.200 reserved for expansion] | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9018.201. 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 54th Leg., R.S., Ch. 286, Sec. | ||
4 (part).) | ||
CHAPTER 9019. BROOKSHIRE MUNICIPAL WATER DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9019.001. DEFINITIONS | ||
Sec. 9019.002. NATURE OF DISTRICT | ||
Sec. 9019.003. DISTRICT TERRITORY | ||
[Sections 9019.004-9019.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 9019.051. COMPOSITION OF BOARD | ||
Sec. 9019.052. QUALIFICATIONS FOR OFFICE | ||
[Sections 9019.053-9019.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9019.101. GENERAL POWERS | ||
Sec. 9019.102. POWER TO ACQUIRE PROPERTY AND ASSUME | ||
INDEBTEDNESS | ||
Sec. 9019.103. POWERS RELATING TO WATERWORKS OR | ||
SANITARY SEWER SYSTEM | ||
Sec. 9019.104. POWERS RELATING TO FIRE DEPARTMENT | ||
Sec. 9019.105. PROJECT APPROVAL | ||
[Sections 9019.106-9019.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9019.151. TAX METHOD | ||
[Sections 9019.152-9019.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 9019.201. AUTHORITY TO ISSUE BONDS | ||
Sec. 9019.202. BOND ELECTION REQUIRED | ||
Sec. 9019.203. NOTICE OF BOND ELECTION | ||
Sec. 9019.204. REFUNDING BONDS | ||
Sec. 9019.205. REFUNDING BOND ELECTION | ||
Sec. 9019.206. BOND APPROVAL | ||
CHAPTER 9019. BROOKSHIRE MUNICIPAL WATER DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9019.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the city of Brookshire, Texas. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Brookshire Municipal Water | ||
District. (Acts 52nd Leg., R.S., Ch. 418, Sec. 1 (part); New.) | ||
Sec. 9019.002. NATURE OF DISTRICT. (a) The district is a | ||
conservation and reclamation district. | ||
(b) The creation of the district is essential to accomplish | ||
the purposes of Section 59, Article XVI, Texas Constitution. (Acts | ||
52nd Leg., R.S., Ch. 418, Sec. 1 (part).) | ||
Sec. 9019.003. DISTRICT TERRITORY. (a) The district | ||
consists of the territory included in the incorporated city of | ||
Brookshire in Waller County, Texas, on April 1, 1951. The | ||
district's territory may have been modified under: | ||
(1) Chapter 3A, Title 128, Revised Statutes, before | ||
August 30, 1971; | ||
(2) Subchapter O, Chapter 51, Water Code; | ||
(3) Subchapter J, Chapter 49, Water Code; or | ||
(4) other law. | ||
(b) A defect in the definition of the boundaries of the city | ||
of Brookshire or in a past proceeding for the annexation or | ||
exclusion of territory to or from the city does not affect the | ||
validity of the district or any of its powers and duties. (Acts | ||
52nd Leg., R.S., Ch. 418, Secs. 1 (part), 1a; New.) | ||
[Sections 9019.004-9019.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 9019.051. COMPOSITION OF BOARD. The district is | ||
governed by a board of five elected directors. (Acts 52nd Leg., | ||
R.S., Ch. 418, Sec. 2 (part).) | ||
Sec. 9019.052. QUALIFICATIONS FOR OFFICE. A director must | ||
be: | ||
(1) at least 18 years of age; | ||
(2) a resident of the state; and | ||
(3) the owner of property subject to taxation in the | ||
district. (Acts 52nd Leg., R.S., Ch. 418, Sec. 2 (part).) | ||
[Sections 9019.053-9019.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9019.101. GENERAL POWERS. (a) Except as otherwise | ||
provided by this chapter, the district: | ||
(1) has all the powers and duties granted water | ||
control and improvement districts by Chapters 49 and 51, Water | ||
Code, and all other laws relating to water control and improvement | ||
districts; and | ||
(2) shall be governed by all of the laws described by | ||
Subdivision (1) and the powers, functions, duties, privileges, and | ||
procedures provided by those laws. | ||
(b) The district may exercise the rights, privileges, and | ||
functions provided by this chapter. (Acts 52nd Leg., R.S., Ch. 418, | ||
Secs. 1 (part), 3 (part).) | ||
Sec. 9019.102. POWER TO ACQUIRE PROPERTY AND ASSUME | ||
INDEBTEDNESS. (a) The district may purchase or otherwise acquire | ||
from the city any property owned by the city, for the production, | ||
distribution, and sale of water and everything appurtenant thereto | ||
on terms agreed to by the governing bodies of the city and the | ||
district. | ||
(b) The district may assume all outstanding bonds, | ||
warrants, and other forms of indebtedness of the city issued for | ||
waterworks purposes, including indebtedness payable from: | ||
(1) the revenue of the city's waterworks system; or | ||
(2) ad valorem taxes. | ||
(c) The assumption of indebtedness described by Subsection | ||
(b) must first be approved at an election held in the district in | ||
the manner provided by this chapter for bond elections. (Acts 52nd | ||
Leg., R.S., Ch. 418, Sec. 4.) | ||
Sec. 9019.103. POWERS RELATING TO WATERWORKS OR SANITARY | ||
SEWER SYSTEM. The district may: | ||
(1) purchase, construct, or otherwise acquire a | ||
waterworks or sanitary sewer system; | ||
(2) own and operate a system described by Subdivision | ||
(1); and | ||
(3) construct an addition, extension, or improvement | ||
to a system described by Subdivision (1). (Acts 52nd Leg., R.S., | ||
Ch. 418, Sec. 5 (part).) | ||
Sec. 9019.104. POWERS RELATING TO FIRE DEPARTMENT. The | ||
district may: | ||
(1) purchase or otherwise acquire, maintain, and | ||
operate a firefighting facility and equipment to protect property | ||
belonging to the district and other property in the district; | ||
(2) maintain and operate a fire department; | ||
(3) employ a fire marshal; and | ||
(4) pay a reward for information leading to the arrest | ||
and conviction of a person on a charge of arson in connection with | ||
the burning or attempted burning of property in the district. (Acts | ||
52nd Leg., R.S., Ch. 418, Sec. 5 (part).) | ||
Sec. 9019.105. PROJECT APPROVAL. The board is not required | ||
to secure the approval of the Texas Commission on Environmental | ||
Quality for any district project. (Acts 52nd Leg., R.S., Ch. 418, | ||
Sec. 3 (part).) | ||
[Sections 9019.106-9019.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9019.151. TAX METHOD. The district shall use the ad | ||
valorem plan of taxation. (Acts 52nd Leg., R.S., Ch. 418, Sec. 3 | ||
(part).) | ||
[Sections 9019.152-9019.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 9019.201. AUTHORITY TO ISSUE BONDS. To carry out a | ||
power the district is authorized to perform, the district may issue | ||
bonds payable from and secured by: | ||
(1) ad valorem taxes; | ||
(2) all or part of the net revenue of the | ||
income-producing properties of the district, as specified by the | ||
board, after deducting reasonable expenses for maintenance, | ||
operation, and administration; or | ||
(3) ad valorem taxes and the net revenue described by | ||
Subdivision (2). (Acts 52nd Leg., R.S., Ch. 418, Sec. 6 (part).) | ||
Sec. 9019.202. BOND ELECTION REQUIRED. The district may | ||
issue bonds only if the bonds are authorized by a majority of the | ||
district voters voting at an election called by the board. (Acts | ||
52nd Leg., R.S., Ch. 418, Sec. 6 (part).) | ||
Sec. 9019.203. NOTICE OF BOND ELECTION. (a) Except as | ||
otherwise provided by this section, notice of a bond election must | ||
be given in the manner required of bond elections in water control | ||
and improvement districts. | ||
(b) The notice must be published once a week for two | ||
consecutive weeks in a newspaper of general circulation in the | ||
district. Publication of the first notice must be at least 14 days | ||
before the date of the election. | ||
(c) The notice is not required to state any summary of | ||
engineers or other estimates of cost. (Acts 52nd Leg., R.S., Ch. | ||
418, Sec. 6 (part); New.) | ||
Sec. 9019.204. REFUNDING BONDS. (a) The district may issue | ||
refunding bonds to refund: | ||
(1) outstanding bonds issued by the district and | ||
interest on those bonds; or | ||
(2) outstanding bonds of the city assumed by the | ||
district. | ||
(b) Refunding bonds may: | ||
(1) be issued to refund more than one series of | ||
outstanding district bonds, including bonds assumed by the | ||
district; | ||
(2) combine the pledges of net revenue, taxes, or | ||
both, that secure the outstanding bonds for the security of the | ||
refunding bonds; and | ||
(3) be secured by a pledge of other or additional | ||
revenue. | ||
(c) Refunding bonds may be combined and issued jointly with | ||
new money bonds to be issued and sold to carry out a power for which | ||
the district may issue bonds. | ||
(d) The comptroller shall register the refunding bonds 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 | ||
district, in the resolution authorizing the issuance of the | ||
refunding bonds, may provide for the sale of the refunding bonds and | ||
the deposit of the proceeds in a bank at which the bonds to be | ||
refunded are payable. In that case, the refunding bonds may be | ||
issued in an amount sufficient to pay the interest on the bonds to | ||
be refunded to their option date or maturity date, and the | ||
comptroller shall register the refunding bonds without the | ||
surrender and cancellation of the bonds to be refunded. (Acts 52nd | ||
Leg., R.S., Ch. 418, Sec. 7 (part).) | ||
Sec. 9019.205. REFUNDING BOND ELECTION. (a) Except as | ||
otherwise provided by this section, refunding bonds may be issued | ||
without an election. | ||
(b) The district may not issue refunding bonds to refund | ||
outstanding bonds of the city unless the district's assumption of | ||
those bonds is first authorized at an election in the district held | ||
in the manner provided by this chapter for bond elections. | ||
(c) Refunding bonds payable wholly or partly from ad valorem | ||
taxes may not be issued to refund revenue bonds issued by the | ||
district or revenue bonds of the city assumed by the district unless | ||
the refunding bonds are authorized at an election held in the manner | ||
provided by this chapter for bond elections. (Acts 52nd Leg., R.S., | ||
Ch. 418, Sec. 7 (part).) | ||
Sec. 9019.206. BOND APPROVAL. The board is not required to | ||
secure the approval of the Texas Commission on Environmental | ||
Quality for district bonds. (Acts 52nd Leg., R.S., Ch. 418, Sec. 3 | ||
(part).) | ||
CHAPTER 9026. CEDAR BAYOU PARK UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9026.001. DEFINITIONS | ||
Sec. 9026.002. NATURE OF DISTRICT | ||
Sec. 9026.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
Sec. 9026.004. DISTRICT TERRITORY | ||
Sec. 9026.005. EXPANSION OF DISTRICT | ||
Sec. 9026.006. STATE POLICY REGARDING WASTE DISPOSAL | ||
[Sections 9026.007-9026.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 9026.051. COMPOSITION OF BOARD | ||
Sec. 9026.052. DIRECTOR'S BOND | ||
Sec. 9026.053. BOARD VACANCY | ||
Sec. 9026.054. BOARD PRESIDENT'S POWER TO EXECUTE | ||
CONTRACTS | ||
Sec. 9026.055. ABSENCE OR INACTION OF BOARD PRESIDENT | ||
Sec. 9026.056. DISTRICT OFFICE | ||
[Sections 9026.057-9026.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9026.101. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS | ||
Sec. 9026.102. ADDITIONAL POWERS | ||
Sec. 9026.103. LIMIT ON EMINENT DOMAIN | ||
Sec. 9026.104. COST OF RELOCATING OR ALTERING PROPERTY | ||
Sec. 9026.105. WATER, SEWER, OR DRAINAGE CONTRACTS; | ||
ELECTION NOT REQUIRED; BONDS | ||
Sec. 9026.106. NOTICE OF ELECTION | ||
Sec. 9026.107. DISTRICT RULES | ||
[Sections 9026.108-9026.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9026.151. TAX METHOD | ||
Sec. 9026.152. DISTRICT ACCOUNTS | ||
Sec. 9026.153. COPY OF AUDIT REPORT | ||
Sec. 9026.154. PAYMENT OF TAX OR ASSESSMENT NOT | ||
REQUIRED | ||
Sec. 9026.155. DEPOSITORY | ||
[Sections 9026.156-9026.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 9026.201. ISSUANCE OF BONDS | ||
Sec. 9026.202. ADDITIONAL SECURITY | ||
Sec. 9026.203. TRUST INDENTURE | ||
Sec. 9026.204. ORDER OR RESOLUTION AUTHORIZING | ||
ISSUANCE OF CERTAIN BONDS | ||
Sec. 9026.205. USE OF BOND PROCEEDS | ||
CHAPTER 9026. CEDAR BAYOU PARK UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9026.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Cedar Bayou Park Utility | ||
District. (Acts 61st Leg., R.S., Ch. 261, Sec. 1 (part); New.) | ||
Sec. 9026.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Harris County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 61st | ||
Leg., R.S., Ch. 261, Sec. 1 (part).) | ||
Sec. 9026.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||
The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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. | ||
(d) 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 61st | ||
Leg., R.S., Ch. 261, Secs. 1 (part), 4, 24 (part).) | ||
Sec. 9026.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 2, Chapter 261, Acts | ||
of the 61st Legislature, Regular Session, 1969, as that territory | ||
may have been modified under: | ||
(1) Subchapter O, Chapter 51, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; | ||
(3) Section 9026.005 or its predecessor statute, | ||
former Section 9, Chapter 261, Acts of the 61st Legislature, | ||
Regular Session, 1969; or | ||
(4) other law. | ||
(b) The boundaries and field notes of the district form a | ||
closure. A mistake in the field notes or in copying the field notes | ||
in the legislative process does not affect: | ||
(1) the district's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond for | ||
a purpose for which the district is created or to pay the principal | ||
of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) in any other manner, the legality or operation of | ||
the district or the board. (Acts 61st Leg., R.S., Ch. 261, Sec. 3; | ||
New.) | ||
Sec. 9026.005. EXPANSION OF DISTRICT. (a) If land is | ||
annexed by the district under Section 49.301 or 51.714, Water Code, | ||
the board may require the petitioners to: | ||
(1) assume the petitioners' pro rata share of the voted | ||
but unissued bonds of the district; and | ||
(2) authorize the board to impose a tax on the | ||
petitioners' property to pay for the bonds after the bonds have been | ||
issued. | ||
(b) If land is annexed by the district under Section 49.302, | ||
Water Code, the board may submit to the voters of the area to be | ||
annexed a proposition on the question of the assumption by the area | ||
to be annexed of its part of the voted but not yet issued or sold tax | ||
or tax-revenue bonds of the district and the imposition of an ad | ||
valorem tax on taxable property in the area to be annexed along with | ||
a tax in the rest of the district for the payment of the bonds. | ||
(c) If the petitioners consent or if the election results | ||
favorably, the district may issue its voted but unissued tax or | ||
tax-revenue bonds regardless of changes to district boundaries | ||
since the voting or authorization of those bonds. (Acts 61st Leg., | ||
R.S., Ch. 261, Sec. 9.) | ||
Sec. 9026.006. STATE POLICY REGARDING WASTE DISPOSAL. The | ||
district's powers and duties are subject to the state policy of | ||
encouraging the development and use of integrated area-wide waste | ||
collection, treatment, and disposal systems to serve the waste | ||
disposal needs of this state's residents, if integrated systems can | ||
reasonably be provided for an area, so as to avoid the economic | ||
burden on residents and the impact on state water quality caused by | ||
the construction and operation of numerous small waste collection, | ||
treatment, and disposal facilities. (Acts 61st Leg., R.S., Ch. | ||
261, Sec. 5 (part).) | ||
[Sections 9026.007-9026.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 9026.051. COMPOSITION OF BOARD. The board consists of | ||
five elected directors. (Acts 61st Leg., R.S., Ch. 261, Sec. 10 | ||
(part).) | ||
Sec. 9026.052. DIRECTOR'S BOND. (a) Each director shall | ||
qualify by giving bond in the amount of $5,000 for the faithful | ||
performance of the director's duties. | ||
(b) The bonds must be recorded in a record book kept for that | ||
purpose in the district office. (Acts 61st Leg., R.S., Ch. 261, | ||
Sec. 10 (part).) | ||
Sec. 9026.053. 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 county judge of the county in which the district is | ||
located shall appoint directors to fill all of the vacancies on the | ||
board whenever the number of qualified directors is less than | ||
three. (Acts 61st Leg., R.S., Ch. 261, Sec. 10 (part).) | ||
Sec. 9026.054. BOARD PRESIDENT'S POWER TO EXECUTE | ||
CONTRACTS. The board president may execute all contracts, including | ||
construction contracts, entered into by the board on behalf of the | ||
district. (Acts 61st Leg., R.S., Ch. 261, Sec. 10 (part).) | ||
Sec. 9026.055. ABSENCE OR INACTION OF BOARD PRESIDENT. (a) | ||
When the board president is absent or fails or declines to act, the | ||
board vice president shall perform all duties and exercise all | ||
power that this chapter or general law gives the president. | ||
(b) If the board president is absent from a board meeting, | ||
the board vice president may sign an order adopted or other action | ||
taken at the meeting, or the board may authorize the president to | ||
sign the order or implement the action. (Acts 61st Leg., R.S., Ch. | ||
261, Sec. 10 (part).) | ||
Sec. 9026.056. DISTRICT OFFICE. (a) The board shall | ||
designate, establish, and maintain a district office as provided by | ||
Section 49.062, Water Code. | ||
(b) The board may establish a second district office outside | ||
the district. If the board establishes a district office outside | ||
the district, the board shall give notice of the location of that | ||
office by: | ||
(1) filing a copy of the board resolution that | ||
establishes the location of the office: | ||
(A) with the Texas Commission on Environmental | ||
Quality; and | ||
(B) in the water control and improvement district | ||
records of each county in which the district is located; and | ||
(2) publishing notice of the location of the office in | ||
a newspaper of general circulation in each county in which the | ||
district is located. | ||
(c) A district office may be a private residence or office. | ||
A district office that is a private residence or office is a public | ||
place for matters relating to the district's business. | ||
(d) The board shall give notice of any change in the | ||
location of the district office outside the district in the manner | ||
required by Subsection (b). (Acts 61st Leg., R.S., Ch. 261, Sec. | ||
15.) | ||
[Sections 9026.057-9026.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9026.101. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS. The district has all of the rights, powers, privileges, and | ||
functions provided by general law applicable to water control and | ||
improvement districts created under Section 59, Article XVI, Texas | ||
Constitution, including Chapters 49 and 51, Water Code. (Acts 61st | ||
Leg., R.S., Ch. 261, Sec. 5 (part).) | ||
Sec. 9026.102. ADDITIONAL POWERS. (a) The district may: | ||
(1) make, purchase, construct, lease, or otherwise | ||
acquire property, works, facilities, or improvements, existing or | ||
to be made, constructed, or acquired, inside or outside the | ||
district's boundaries and necessary to carry out the powers granted | ||
by this chapter or general law; or | ||
(2) enter into a contract with a person on terms the | ||
board considers desirable, fair, and advantageous for: | ||
(A) the purchase or sale of water; | ||
(B) the transportation, treatment, and disposal | ||
of the domestic, industrial, or communal wastes of the district or | ||
others; | ||
(C) the continuing and orderly development of | ||
land and property in the district through the purchase, | ||
construction, or installation of facilities, works, or | ||
improvements that the district is otherwise authorized to do or | ||
perform so that, to the greatest extent reasonably possible, | ||
considering sound engineering and economic practices, all of the | ||
land and property may ultimately receive the services of the | ||
facilities, works, or improvements; and | ||
(D) the performance of any of the rights or | ||
powers granted by this chapter or general law. | ||
(b) A contract under Subsection (a)(2) may not have a | ||
duration of more than 40 years. (Acts 61st Leg., R.S., Ch. 261, | ||
Sec. 5 (part).) | ||
Sec. 9026.103. LIMIT ON EMINENT DOMAIN. The district may | ||
exercise the power of eminent domain only: | ||
(1) in a county in which the district is located; and | ||
(2) when necessary to carry out the purposes for which | ||
the district was created. (Acts 61st Leg., R.S., Ch. 261, Sec. 13 | ||
(part).) | ||
Sec. 9026.104. 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 of | ||
the old facility. | ||
(b) If the district's exercise of the power of eminent | ||
domain, power of relocation, or any other power granted by this | ||
chapter makes necessary the relocation, raising, rerouting, | ||
changing the grade, or alteration of the construction of a highway, | ||
a railroad, an electric transmission line, a telegraph or telephone | ||
property or facility, or a pipeline, the necessary action shall be | ||
accomplished at the sole expense of the district. (Acts 61st Leg., | ||
R.S., Ch. 261, Sec. 13 (part).) | ||
Sec. 9026.105. WATER, SEWER, OR DRAINAGE CONTRACTS; | ||
ELECTION NOT REQUIRED; BONDS. (a) The district and a political | ||
subdivision may enter into a water, sewer, or drainage contract or | ||
any combination of those contracts without an election by any | ||
contracting party to approve the contract. | ||
(b) The district may pay for an obligation incurred under a | ||
contract under this section by issuing bonds that, if otherwise | ||
necessary, have been approved by the voters in the manner provided | ||
by this chapter. | ||
(c) The district may deliver the district's bonds to the | ||
United States or an agency or instrumentality of the United States, | ||
or to this state or an agency or instrumentality of this state, that | ||
enters into a contract with the district under this section. (Acts | ||
61st Leg., R.S., Ch. 261, Sec. 5 (part).) | ||
Sec. 9026.106. NOTICE OF ELECTION. Notice of an election | ||
may be given under the hand of the board president or secretary. | ||
(Acts 61st Leg., R.S., Ch. 261, Sec. 19.) | ||
Sec. 9026.107. DISTRICT RULES. The district shall adopt | ||
and enforce reasonable and effective rules to secure and maintain | ||
safe, sanitary, and adequate plumbing installations, connections, | ||
and appurtenances, as subsidiary parts of the district's sewerage | ||
system, to aid in preserving the quality of water within or | ||
controlled by the district. (Acts 61st Leg., R.S., Ch. 261, Sec. | ||
16.) | ||
[Sections 9026.108-9026.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9026.151. TAX METHOD. (a) The district shall use the | ||
ad valorem plan of taxation. | ||
(b) The board is not required to call or hold a hearing on | ||
the adoption of a plan of taxation. (Acts 61st Leg., R.S., Ch. 261, | ||
Sec. 8.) | ||
Sec. 9026.152. DISTRICT ACCOUNTS. The district shall keep | ||
a complete system of the district's accounts. (Acts 61st Leg., | ||
R.S., Ch. 261, Sec. 14 (part).) | ||
Sec. 9026.153. COPY OF AUDIT REPORT. A copy of the audit | ||
report prepared under Subchapter G, Chapter 49, Water Code, shall | ||
be delivered: | ||
(1) to each director; and | ||
(2) to a holder of at least 25 percent of the | ||
outstanding bonds of the district, on request. (Acts 61st Leg., | ||
R.S., Ch. 261, Sec. 14 (part); New.) | ||
Sec. 9026.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. | ||
The district is not required to pay a tax or assessment on: | ||
(1) district property; or | ||
(2) a purchase made by the district. (Acts 61st Leg., | ||
R.S., Ch. 261, Sec. 24 (part).) | ||
Sec. 9026.155. DEPOSITORY. (a) The board shall select one | ||
or more banks in this state to act as depository for the district's | ||
money. | ||
(b) To the extent that money in the depository 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. | ||
(c) A director may be a shareholder in a bank that is a | ||
depository of district money. (Acts 61st Leg., R.S., Ch. 261, Sec. | ||
14 (part).) | ||
[Sections 9026.156-9026.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 9026.201. ISSUANCE OF BONDS. (a) The district may | ||
issue tax bonds, revenue bonds, or tax and revenue bonds to provide | ||
money for any purpose of this chapter, including the acquisition of | ||
land. | ||
(b) The district must issue bonds in the manner provided by | ||
Chapters 49 and 51, Water Code, except that the district may issue | ||
bonds payable solely from net revenue by resolution or order of the | ||
board without an election. | ||
(c) Bonds issued under this subchapter may be payable from | ||
all or any designated part of the revenue of district property and | ||
facilities or under a specific contract, as provided in the order or | ||
resolution authorizing the issuance of the bonds. (Acts 61st Leg., | ||
R.S., Ch. 261, Sec. 12 (part).) | ||
Sec. 9026.202. ADDITIONAL SECURITY. (a) Within the | ||
discretion of the board, bonds issued under this subchapter may be | ||
additionally secured by a deed of trust or mortgage lien on physical | ||
property of the district and franchises, easements, water rights | ||
and appropriation permits, leases, contracts, and all rights | ||
appurtenant to that property, vesting in the trustee: | ||
(1) the power to sell the property for payment of the | ||
debt; | ||
(2) the power to operate the property; and | ||
(3) all other powers to further secure the bonds. | ||
(b) A purchaser under a sale under the deed of trust or | ||
mortgage lien, if one is given: | ||
(1) is the absolute owner of the property, facilities, | ||
and rights purchased; and | ||
(2) may maintain and operate the property and | ||
facilities. (Acts 61st Leg., R.S., Ch. 261, Sec. 12 (part).) | ||
Sec. 9026.203. TRUST INDENTURE. A trust indenture created | ||
under Section 9026.202, regardless of the existence of a deed of | ||
trust or mortgage lien on the property, may: | ||
(1) contain provisions prescribed by the board for the | ||
security of the bonds and the preservation of the trust estate; | ||
(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 61st Leg., R.S., Ch. 261, Sec. 12 (part).) | ||
Sec. 9026.204. ORDER OR RESOLUTION AUTHORIZING ISSUANCE OF | ||
CERTAIN BONDS. (a) In an order or resolution authorizing the | ||
issuance of revenue, tax-revenue, revenue refunding, or | ||
tax-revenue refunding bonds, the board may: | ||
(1) provide for: | ||
(A) the flow of money; and | ||
(B) the establishment and maintenance of the | ||
interest and sinking fund, reserve fund, or other fund; | ||
(2) make additional covenants with respect to the | ||
bonds and the pledged revenue and the operation and maintenance of | ||
the improvements and facilities the revenue of which is pledged, | ||
including provisions for the operation or leasing of all or part of | ||
the improvements and facilities and the use or pledge of money | ||
received from the operation contract or lease as the board | ||
considers appropriate; | ||
(3) prohibit the further issuance of bonds or other | ||
obligations payable from the pledged revenue or reserve the right | ||
to issue additional bonds to be secured by a pledge of and payable | ||
from the revenue on a parity with, or subordinate to, the lien and | ||
pledge in support of the bonds being issued, subject to any | ||
conditions set forth in the order or resolution; and | ||
(4) include any other provision or covenant, as the | ||
board determines, 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 in the issuance of the bonds. | ||
(Acts 61st Leg., R.S., Ch. 261, Sec. 12 (part).) | ||
Sec. 9026.205. USE OF BOND PROCEEDS. (a) The district may | ||
appropriate or set aside out of proceeds from the sale of district | ||
bonds an amount for: | ||
(1) the payment of interest, administrative, and | ||
operating expenses expected to accrue during the period of | ||
construction, as may be provided in the bond orders or resolutions; | ||
and | ||
(2) the payment of all expenses incurred and to be | ||
incurred in the issuance, sale, and delivery of the bonds. | ||
(b) For purposes of this section, the period of construction | ||
may not exceed three years. (Acts 61st Leg., R.S., Ch. 261, Sec. 12 | ||
(part).) | ||
CHAPTER 9029. CLEAR LAKE CITY WATER AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9029.001. DEFINITIONS | ||
Sec. 9029.002. NATURE OF AUTHORITY | ||
Sec. 9029.003. LEGISLATIVE DECLARATION AND FINDINGS | ||
Sec. 9029.004. AUTHORITY TERRITORY | ||
Sec. 9029.005. CORRECTION OF INVALID PROCEDURES | ||
Sec. 9029.006. LIBERAL CONSTRUCTION OF CHAPTER | ||
[Sections 9029.007-9029.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 9029.051. COMPOSITION OF BOARD | ||
Sec. 9029.052. ELIGIBILITY | ||
Sec. 9029.053. OFFICERS | ||
Sec. 9029.054. DIRECTOR'S AND TREASURER'S BONDS | ||
[Sections 9029.055-9029.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9029.101. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS | ||
Sec. 9029.102. ADDITIONAL POWERS | ||
Sec. 9029.103. CONTRACT FOR DEVELOPMENT OF LAND AND | ||
PROPERTY | ||
Sec. 9029.104. ELECTION NOT REQUIRED FOR CERTAIN | ||
CONTRACTS | ||
Sec. 9029.105. COST OF RELOCATING OR ALTERING PROPERTY | ||
Sec. 9029.106. BID ON PROPOSED CONSTRUCTION WORK | ||
[Sections 9029.107-9029.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9029.151. TAX METHOD | ||
Sec. 9029.152. AUTHORITY ACCOUNTS | ||
Sec. 9029.153. FISCAL YEAR | ||
Sec. 9029.154. COPY OF AUDIT REPORT | ||
Sec. 9029.155. PAYMENT OF TAX OR ASSESSMENT NOT | ||
REQUIRED | ||
Sec. 9029.156. POWER TO BORROW MONEY AND ACCEPT GRANTS | ||
OR OTHER SUPPORT | ||
Sec. 9029.157. DEPOSITORY | ||
[Sections 9029.158-9029.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 9029.201. AUTHORITY TO ISSUE BONDS | ||
Sec. 9029.202. ISSUANCE OF REVENUE BONDS | ||
Sec. 9029.203. BONDS EXEMPT FROM TAXATION | ||
CHAPTER 9029. CLEAR LAKE CITY WATER AUTHORITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9029.001. DEFINITIONS. In this chapter: | ||
(1) "Authority" means the Clear Lake City Water | ||
Authority. | ||
(2) "Board" means the authority's board of directors. | ||
(3) "Director" means a board member. (Acts 58th Leg., | ||
R.S., Ch. 101, Sec. 1 (part); New.) | ||
Sec. 9029.002. NATURE OF AUTHORITY. The authority is a | ||
conservation and reclamation district in Harris County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 58th | ||
Leg., R.S., Ch. 101, Sec. 1 (part).) | ||
Sec. 9029.003. LEGISLATIVE DECLARATION AND FINDINGS. (a) | ||
The legislature declares that: | ||
(1) the creation of the authority 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 and other property included in the | ||
boundaries of the authority will benefit from the works and | ||
projects accomplished by the authority under the powers conferred | ||
by Section 59, Article XVI, Texas Constitution; and | ||
(2) the authority is created to serve a public use and | ||
benefit. | ||
(c) 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 authority in | ||
carrying out the purposes of this chapter will be performing an | ||
essential public function under the Texas Constitution. (Acts 58th | ||
Leg., R.S., Ch. 101, Secs. 1 (part), 3, 15 (part), 16 (part).) | ||
Sec. 9029.004. AUTHORITY TERRITORY. (a) The authority is | ||
composed of the territory described by Section 2, Chapter 101, Acts | ||
of the 58th Legislature, Regular Session, 1963, as that territory | ||
may have been modified under: | ||
(1) Subchapter O, Chapter 51, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; | ||
(3) Section 20, Chapter 101, Acts of the 58th | ||
Legislature, Regular Session, 1963; or | ||
(4) other law. | ||
(b) The boundaries of the authority form a closure. A | ||
mistake in the field notes or in copying the field notes in the | ||
legislative process does not affect: | ||
(1) the authority's organization, existence, or | ||
validity; | ||
(2) the authority's right to issue bonds or to pay the | ||
principal of and interest on the bonds; | ||
(3) the authority's right to impose a tax; or | ||
(4) the legality or operation of the authority or the | ||
board. (Acts 58th Leg., R.S., Ch. 101, Secs. 4, 20; New.) | ||
Sec. 9029.005. CORRECTION OF INVALID PROCEDURES. If a | ||
court holds that any procedure under this chapter violates the | ||
constitution of this state or of the United States, the authority by | ||
resolution may provide an alternative procedure that conforms with | ||
the constitution. (Acts 58th Leg., R.S., Ch. 101, Sec. 17 (part).) | ||
Sec. 9029.006. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed to effect the purposes, | ||
powers, and rights stated in this chapter. (Acts 58th Leg., R.S., | ||
Ch. 101, Sec. 16 (part).) | ||
[Sections 9029.007-9029.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 9029.051. COMPOSITION OF BOARD. The board consists of | ||
five elected directors. (Acts 58th Leg., R.S., Ch. 101, Sec. 10 | ||
(part).) | ||
Sec. 9029.052. ELIGIBILITY. A person may not be appointed | ||
or elected a director unless the person: | ||
(1) owns taxable property in the authority; and | ||
(2) resides in the authority. (Acts 58th Leg., R.S., | ||
Ch. 101, Sec. 10 (part).) | ||
Sec. 9029.053. OFFICERS. (a) The board shall elect from | ||
among its members a president, secretary, and any other officers | ||
the board determines are necessary. | ||
(b) The board may appoint a treasurer. (Acts 58th Leg., | ||
R.S., Ch. 101, Sec. 10 (part).) | ||
Sec. 9029.054. DIRECTOR'S AND TREASURER'S BONDS. (a) Each | ||
director shall give bond in the amount of $5,000 for the faithful | ||
performance of the director's duties. | ||
(b) The treasurer shall give bond in the amount required by | ||
the board, conditioned on the treasurer's faithful accounting for | ||
all money that comes into the treasurer's custody as authority | ||
treasurer. (Acts 58th Leg., R.S., Ch. 101, Sec. 10 (part).) | ||
[Sections 9029.055-9029.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9029.101. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS. The authority has the rights, powers, privileges, and | ||
functions 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 58th | ||
Leg., R.S., Ch. 101, Sec. 5 (part); New.) | ||
Sec. 9029.102. ADDITIONAL POWERS. (a) The authority may: | ||
(1) purchase, construct, or otherwise acquire and | ||
accomplish by any practical means a waterworks system, sanitary | ||
sewer system, storm sewer system, or drainage facility or any part | ||
of those systems or facilities; | ||
(2) make any necessary purchase, construction, | ||
improvement, extension, addition, or repair to a system or facility | ||
described by Subdivision (1); | ||
(3) purchase or acquire, operate, and maintain any | ||
land, right-of-way, easement, site, equipment, building, plant, | ||
structure, or facility necessary to a system or facility described | ||
by Subdivision (1); and | ||
(4) sell water and other services at rates fixed by the | ||
authority. | ||
(b) The authority may exercise any of the rights or powers | ||
granted by this chapter inside or outside the authority's | ||
boundaries. (Acts 58th Leg., R.S., Ch. 101, Sec. 7 (part).) | ||
Sec. 9029.103. CONTRACT FOR DEVELOPMENT OF LAND AND | ||
PROPERTY. The authority may enter into a contract with a political | ||
subdivision or with an owner, developer, or lessee of land and | ||
property as necessary or appropriate to a continuing and orderly | ||
plan of development of the land and property through the purchase, | ||
construction, or installation of facilities, works, or | ||
improvements that the authority is otherwise authorized to do or | ||
perform so that, to the greatest extent reasonably possible, | ||
considering sound engineering and economic practices, all of the | ||
land may, under the contract, ultimately receive the services of | ||
the facilities, works, or improvements. (Acts 58th Leg., R.S., Ch. | ||
101, Sec. 9 (part).) | ||
Sec. 9029.104. ELECTION NOT REQUIRED FOR CERTAIN CONTRACTS. | ||
A municipality may enter into a water, sewer, or drainage contract, | ||
or any combination of those contracts, with the authority without | ||
the necessity of an election by any contracting party to approve the | ||
contract. (Acts 58th Leg., R.S., Ch. 101, Sec. 9 (part).) | ||
Sec. 9029.105. 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 of | ||
the old facility. | ||
(b) If the authority's exercise of the power of eminent | ||
domain, the power of relocation, or any other power makes necessary | ||
the relocation, raising, rerouting, changing the grade, or | ||
alteration of the construction of a highway, a railroad, an | ||
electric transmission line, a telephone or telegraph property or | ||
facility, or a pipeline, the necessary action shall be accomplished | ||
at the sole expense of the authority. (Acts 58th Leg., R.S., Ch. | ||
101, Sec. 11.) | ||
Sec. 9029.106. BID ON PROPOSED CONSTRUCTION WORK. (a) A | ||
person who submits a written sealed bid on proposed construction | ||
work for the authority must submit with the bid an amount equal to | ||
at least five percent of the total amount of the bid in the form of | ||
a: | ||
(1) certified or cashier's check on a responsible bank | ||
in this state; or | ||
(2) bidder's bond. | ||
(b) If a successful bidder fails or refuses to enter into a | ||
proper contract with the authority or provide a bond required by | ||
law, the bidder forfeits the amount of the check or bond that | ||
accompanied the bidder's bid. (Acts 58th Leg., R.S., Ch. 101, Sec. | ||
19.) | ||
[Sections 9029.107-9029.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9029.151. TAX METHOD. (a) The authority shall use the | ||
ad valorem plan of taxation. | ||
(b) The board is not required to call a hearing on the | ||
adoption of a plan of taxation. (Acts 58th Leg., R.S., Ch. 101, | ||
Sec. 6 (part).) | ||
Sec. 9029.152. AUTHORITY ACCOUNTS. The authority shall | ||
keep a complete system of the authority's accounts. (Acts 58th | ||
Leg., R.S., Ch. 101, Sec. 14 (part).) | ||
Sec. 9029.153. FISCAL YEAR. The fiscal year of the | ||
authority is from October 1 to September 30 of the following year, | ||
unless changed by the board. (Acts 58th Leg., R.S., Ch. 101, Sec. | ||
14 (part).) | ||
Sec. 9029.154. COPY OF AUDIT REPORT. A copy of the audit | ||
report prepared under Subchapter G, Chapter 49, Water Code, shall | ||
be delivered: | ||
(1) to each director; and | ||
(2) to a holder of at least 25 percent of the | ||
outstanding bonds of the authority, on request. (Acts 58th Leg., | ||
R.S., Ch. 101, Sec. 14 (part); New.) | ||
Sec. 9029.155. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. | ||
The authority is not required to pay a tax or assessment on | ||
authority property or any part of authority property. (Acts 58th | ||
Leg., R.S., Ch. 101, Sec. 15 (part).) | ||
Sec. 9029.156. POWER TO BORROW MONEY AND ACCEPT GRANTS OR | ||
OTHER SUPPORT. (a) The authority may borrow money for the | ||
authority's corporate purposes, including taking a loan or | ||
accepting a grant, gratuity, or other support from the United | ||
States, this state, or a corporation or agency created or | ||
designated by the United States or this state. | ||
(b) In connection with the loan, grant, or other support, | ||
the authority may enter into any arrangement the board considers | ||
advisable. (Acts 58th Leg., R.S., Ch. 101, Sec. 12 (part).) | ||
Sec. 9029.157. DEPOSITORY. (a) The board shall designate | ||
one or more banks inside or outside the authority to serve as a | ||
depository for authority money. | ||
(b) All authority money shall be deposited in a depository | ||
bank, except that sufficient money shall be remitted to the | ||
appropriate bank of payment to pay the principal of and interest on | ||
the authority's outstanding bonds on or before the maturity date of | ||
the principal and interest. | ||
(c) To the extent that money in a depository 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. (Acts 58th Leg., R.S., Ch. 101, Sec. 13.) | ||
[Sections 9029.158-9029.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 9029.201. AUTHORITY TO ISSUE BONDS. The authority may | ||
issue bonds for an authority purpose. (Acts 58th Leg., R.S., Ch. | ||
101, Sec. 7 (part).) | ||
Sec. 9029.202. ISSUANCE OF REVENUE BONDS. The board may | ||
issue, by resolution and without a hearing or an election, bonds | ||
payable solely from net revenue of the authority's operation or | ||
from the proceeds of any contract for the authority's services. | ||
(Acts 58th Leg., R.S., Ch. 101, Sec. 12 (part).) | ||
Sec. 9029.203. BONDS EXEMPT FROM TAXATION. An authority | ||
bond, the transfer of the bond, and income from the bond, including | ||
profits made on the sale of the bond, are exempt from taxation in | ||
this state. (Acts 58th Leg., R.S., Ch. 101, Sec. 15 (part).) | ||
CHAPTER 9032. COKE COUNTY KICKAPOO WATER CONTROL AND | ||
IMPROVEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9032.001. DEFINITIONS | ||
Sec. 9032.002. NATURE OF DISTRICT | ||
Sec. 9032.003. FINDINGS OF BENEFIT | ||
Sec. 9032.004. APPLICABILITY OF OTHER WATER CONTROL | ||
AND IMPROVEMENT DISTRICT LAW | ||
[Sections 9032.005-9032.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT TERRITORY | ||
Sec. 9032.051. DISTRICT TERRITORY | ||
Sec. 9032.052. HEARING FOR EXCLUSION OF TERRITORY | ||
[Sections 9032.053-9032.100 reserved for expansion] | ||
SUBCHAPTER C. BOARD OF DIRECTORS | ||
Sec. 9032.101. COMPOSITION OF BOARD | ||
Sec. 9032.102. QUALIFICATIONS FOR OFFICE | ||
Sec. 9032.103. ELECTION OF DIRECTORS | ||
Sec. 9032.104. ELECTION RESULTS | ||
Sec. 9032.105. BALLOT PROCEDURE FOR CANDIDATES | ||
Sec. 9032.106. DIRECTOR'S BOND | ||
Sec. 9032.107. VOTE BY BOARD PRESIDENT | ||
Sec. 9032.108. ABSENCE OR INACTION OF BOARD PRESIDENT | ||
Sec. 9032.109. APPOINTMENT OR EMPLOYMENT OF SECRETARY | ||
AND TREASURER | ||
Sec. 9032.110. SECRETARY'S BOND | ||
Sec. 9032.111. EMPLOYEES | ||
Sec. 9032.112. SEAL | ||
[Sections 9032.113-9032.150 reserved for expansion] | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 9032.151. GENERAL POWERS | ||
Sec. 9032.152. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS | ||
Sec. 9032.153. CONTROL OF WATER AND FLOODWATER; | ||
RECLAMATION | ||
Sec. 9032.154. POWERS RELATING TO THE WATER OF | ||
KICKAPOO CREEKS; SURVEYS, MAPS, AND | ||
PLANS | ||
Sec. 9032.155. GENERAL PROPERTY POWER | ||
Sec. 9032.156. COST OF RELOCATING OR ALTERING PROPERTY | ||
Sec. 9032.157. SURVEYS; ENGINEERING INVESTIGATIONS | ||
Sec. 9032.158. EQUIPMENT; SUPPLIES | ||
Sec. 9032.159. COOPERATION IN WILDLIFE PROGRAMS | ||
[Sections 9032.160-9032.200 reserved for expansion] | ||
SUBCHAPTER E. TAXES | ||
Sec. 9032.201. HEARING ON CHANGE IN METHOD OF | ||
TAXATION; LIMITATION | ||
Sec. 9032.202. MAINTENANCE TAX ELECTION PROCEDURES | ||
Sec. 9032.203. MAINTENANCE TAX RATE | ||
[Sections 9032.204-9032.250 reserved for expansion] | ||
SUBCHAPTER F. BONDS | ||
Sec. 9032.251. ISSUANCE OF BONDS | ||
Sec. 9032.252. PLEDGE OF REVENUE TO PAY BONDS | ||
CHAPTER 9032. COKE COUNTY KICKAPOO WATER CONTROL AND | ||
IMPROVEMENT DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9032.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Coke County Kickapoo Water | ||
Control and Improvement District No. 1. (Acts 56th Leg., 1st C.S., | ||
Ch. 17, Sec. 1 (part); New.) | ||
Sec. 9032.002. NATURE OF DISTRICT. The district is a | ||
conservation, reclamation, and improvement district in Coke | ||
County. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 1 (part).) | ||
Sec. 9032.003. FINDINGS OF BENEFIT. All territory 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 56th Leg., 1st C.S., Ch. | ||
17, Sec. 2 (part).) | ||
Sec. 9032.004. APPLICABILITY OF OTHER WATER CONTROL AND | ||
IMPROVEMENT DISTRICT LAW. Except as provided in this chapter, | ||
general laws pertaining to water control and improvement districts | ||
govern the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 15 | ||
(part).) | ||
[Sections 9032.005-9032.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT TERRITORY | ||
Sec. 9032.051. DISTRICT TERRITORY. The district is | ||
composed of the territory described by Section 2, Chapter 17, Acts | ||
of the 56th Legislature, 1st Called Session, 1959, as that | ||
territory may have been modified under: | ||
(1) Subchapter O, Chapter 51, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. | ||
1 (part); New.) | ||
Sec. 9032.052. HEARING FOR EXCLUSION OF TERRITORY. A | ||
hearing is not required for the exclusion of territory from the | ||
district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 6 (part).) | ||
[Sections 9032.053-9032.100 reserved for expansion] | ||
SUBCHAPTER C. BOARD OF DIRECTORS | ||
Sec. 9032.101. COMPOSITION OF BOARD. The board is composed | ||
of five elected directors. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. | ||
16 (part).) | ||
Sec. 9032.102. QUALIFICATIONS FOR OFFICE. A director must | ||
be: | ||
(1) at least 18 years of age; | ||
(2) a resident of the state and district; and | ||
(3) an owner of taxable property in the district. | ||
(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 16 (part).) | ||
Sec. 9032.103. ELECTION OF DIRECTORS. (a) An election | ||
order for a directors' election must state the time, place, and | ||
purpose of the election. | ||
(b) Notice of a directors' election must be published in a | ||
newspaper of general circulation in the district for two | ||
consecutive weeks in not less than two publications at least 20 days | ||
before the date of the election. (Acts 56th Leg., 1st C.S., Ch. 17, | ||
Sec. 16 (part).) | ||
Sec. 9032.104. ELECTION RESULTS. (a) The candidates | ||
receiving the highest number of votes shall be elected. | ||
(b) The board shall declare the results of the election. | ||
(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 16 (part).) | ||
Sec. 9032.105. BALLOT PROCEDURE FOR CANDIDATES. (a) A | ||
person who wants the person's name printed on the ballot as a | ||
candidate for director must submit a petition to the board | ||
secretary requesting that action. | ||
(b) The petition must be: | ||
(1) signed by at least 15 qualified voters; and | ||
(2) presented to the board secretary not later than | ||
the 21st day before the date of the election. (Acts 56th Leg., 1st | ||
C.S., Ch. 17, Sec. 16 (part).) | ||
Sec. 9032.106. DIRECTOR'S BOND. Each director shall make | ||
bond in the amount of $5,000 payable to the county judge of Coke | ||
County for the faithful performance of the director's duties. | ||
(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 16 (part).) | ||
Sec. 9032.107. VOTE BY BOARD PRESIDENT. The president has | ||
the same right to vote as any other director. (Acts 56th Leg., 1st | ||
C.S., Ch. 17, Sec. 17 (part).) | ||
Sec. 9032.108. ABSENCE OR INACTION OF BOARD PRESIDENT. | ||
When the board president is absent or fails or declines to act, the | ||
board vice president shall perform all duties and exercise all | ||
power this chapter gives the president. (Acts 56th Leg., 1st C.S., | ||
Ch. 17, Sec. 17 (part).) | ||
Sec. 9032.109. APPOINTMENT OR EMPLOYMENT OF SECRETARY AND | ||
TREASURER. (a) The board may appoint or employ a secretary. The | ||
secretary shall also serve as treasurer. | ||
(b) The secretary is not required to be a director. (Acts | ||
56th Leg., 1st C.S., Ch. 17, Sec. 17 (part).) | ||
Sec. 9032.110. SECRETARY'S BOND. (a) The secretary shall | ||
make bond in an amount required by the board, conditioned on the | ||
secretary's faithfully accounting for all money that comes into the | ||
secretary's custody as district treasurer. | ||
(b) The bond must be payable to the order of the county judge | ||
of Coke County. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 17 (part).) | ||
Sec. 9032.111. EMPLOYEES. The board may employ a general | ||
manager, attorney, engineer, or other technical or nontechnical | ||
employees or assistants and set the amount and manner of their | ||
compensation. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 18 (part).) | ||
Sec. 9032.112. SEAL. The board may adopt a seal for the | ||
district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 19.) | ||
[Sections 9032.113-9032.150 reserved for expansion] | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 9032.151. GENERAL POWERS. (a) The district may | ||
exercise the rights, privileges, functions, and authority granted | ||
water control and improvement districts by: | ||
(1) Chapters 49 and 51, Water Code; and | ||
(2) all other laws relating to water control and | ||
improvement districts. | ||
(b) To the extent a general law described by Subsection (a) | ||
conflicts or is inconsistent with this chapter, this chapter | ||
prevails. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 1 (part).) | ||
Sec. 9032.152. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS. To accomplish a purpose for which the district is created, | ||
the district has the powers conferred by the general laws of this | ||
state on water control and improvement districts, including the | ||
power to: | ||
(1) construct, acquire, improve, maintain, and repair | ||
a dam or other structure; and | ||
(2) acquire land easements, rights, property, or | ||
equipment needed to use, control, or distribute water that may be | ||
impounded, diverted, or controlled by the district. (Acts 56th | ||
Leg., 1st C.S., Ch. 17, Sec. 5.) | ||
Sec. 9032.153. CONTROL OF WATER AND FLOODWATER; | ||
RECLAMATION. The district has the power to: | ||
(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 the lands | ||
in the district; | ||
(2) carry out flood prevention measures to prevent | ||
damage to land and other property in the district; and | ||
(3) reclaim lands heretofore damaged because of the | ||
failure to provide the facilities authorized under this chapter. | ||
(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 4.) | ||
Sec. 9032.154. POWERS RELATING TO THE WATER OF KICKAPOO | ||
CREEKS; SURVEYS, MAPS, AND PLANS. (a) The district may conduct | ||
preliminary surveys and develop and map out a plan for the control | ||
and use of the water of Kickapoo Creeks to the end that improvements | ||
on any part of the watershed will be mechanically and economically | ||
related to the improvements of the entire watershed. | ||
(b) On the completion of the survey, map, or plan and the | ||
adoption of the survey, map, or plan by the board, a certified copy | ||
of the survey, map, or plan must be filed for informational purposes | ||
with the Texas Commission on Environmental Quality. (Acts 56th | ||
Leg., 1st C.S., Ch. 17, Sec. 3.) | ||
Sec. 9032.155. GENERAL PROPERTY POWER. In addition to | ||
powers granted the district under other law, the district has the | ||
power to purchase, construct, maintain, condemn, or in any other | ||
manner acquire, provide, and develop all works, facilities, | ||
improvements, lands, easements, rights, and other properties in the | ||
district that may be necessary or useful in fulfilling the purposes | ||
of the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 7.) | ||
Sec. 9032.156. 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 the relocating, raising, rerouting, changing grades of, | ||
or altering the construction of any highway, railroad, electric | ||
transmission line, pipeline, telephone, or telegraph property or | ||
facility, the necessary action shall be accomplished at the sole | ||
expense of the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 15 | ||
(part).) | ||
Sec. 9032.157. SURVEYS; ENGINEERING INVESTIGATIONS. The | ||
board may conduct or provide for surveys and engineering | ||
investigations for the district and its associates or affiliates to | ||
accomplish district purposes. (Acts 56th Leg., 1st C.S., Ch. 17, | ||
Sec. 18 (part).) | ||
Sec. 9032.158. EQUIPMENT; SUPPLIES. The board may provide | ||
equipment and supplies considered essential to properly maintain | ||
the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 18 (part).) | ||
Sec. 9032.159. COOPERATION IN WILDLIFE PROGRAMS. The | ||
district may cooperate with state, federal, and other agencies and | ||
groups in wildlife programs that are: | ||
(1) not inconsistent with the purposes of this | ||
chapter; and | ||
(2) designed to improve the general habitat of | ||
wildlife and promote the general propagation of wildlife. (Acts | ||
56th Leg., 1st C.S., Ch. 17, Sec. 14.) | ||
[Sections 9032.160-9032.200 reserved for expansion] | ||
SUBCHAPTER E. TAXES | ||
Sec. 9032.201. HEARING ON CHANGE IN METHOD OF TAXATION; | ||
LIMITATION. (a) Except as provided by Subsection (b), the district | ||
may call a hearing to consider changing the method of taxation. | ||
(b) Once district bonds are approved by the attorney general | ||
or district court, the district may not change the plan of taxation. | ||
(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 11 (part).) | ||
Sec. 9032.202. MAINTENANCE TAX ELECTION PROCEDURES. (a) A | ||
maintenance tax election shall be called and notice given in the | ||
same manner as for a bond election. | ||
(b) This chapter does not prevent the calling of a later | ||
maintenance tax election to establish or increase the amount of tax | ||
if the board determines that a maintenance tax election is | ||
required. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 9 (part).) | ||
Sec. 9032.203. 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 proposed rate approved by the voters, the board | ||
must submit the question of a tax rate increase to the voters. | ||
(Acts 56th Leg., 1st C.S., Ch. 17, Sec. 9 (part).) | ||
[Sections 9032.204-9032.250 reserved for expansion] | ||
SUBCHAPTER F. BONDS | ||
Sec. 9032.251. ISSUANCE OF BONDS. To accomplish a district | ||
purpose, the district may issue bonds as provided by general law for | ||
water control and improvement districts to obtain money necessary | ||
to furnish land, easements, or improvements, to maintain a | ||
structure, or for channeling, or other works of improvement | ||
performed or constructed by the district or others in cooperation | ||
with the district. (Acts 56th Leg., 1st C.S., Ch. 17, Sec. 8 | ||
(part).) | ||
Sec. 9032.252. PLEDGE OF REVENUE TO PAY BONDS. When the | ||
board selects a plan of taxation, the board may pledge district | ||
revenue to pay bonds authorized by voters. (Acts 56th Leg., 1st | ||
C.S., Ch. 17, Sec. 10.) | ||
CHAPTER 9033. COMMODORE COVE IMPROVEMENT DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9033.001. DEFINITIONS | ||
Sec. 9033.002. NATURE OF DISTRICT | ||
Sec. 9033.003. FINDINGS OF PUBLIC BENEFIT AND PUBLIC | ||
PURPOSE | ||
Sec. 9033.004. DISTRICT TERRITORY | ||
Sec. 9033.005. EXPANSION OF DISTRICT | ||
Sec. 9033.006. HEARINGS FOR EXCLUSION OF LAND | ||
[Sections 9033.007-9033.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 9033.051. BOARD OF DIRECTORS | ||
Sec. 9033.052. NOTICE OF DIRECTORS' ELECTION | ||
Sec. 9033.053. DIRECTOR'S BOND | ||
Sec. 9033.054. DUTY OF SECRETARY; ABSENCE OF SECRETARY | ||
FROM BOARD MEETING | ||
Sec. 9033.055. VOTE BY BOARD PRESIDENT | ||
Sec. 9033.056. ABSENCE OR INACTION OF BOARD PRESIDENT | ||
[Sections 9033.057-9033.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9033.101. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS | ||
Sec. 9033.102. ADDITIONAL POWERS | ||
Sec. 9033.103. LIMIT ON EMINENT DOMAIN POWER | ||
Sec. 9033.104. COST OF RELOCATING OR ALTERING PROPERTY | ||
Sec. 9033.105. NOTICE OF ELECTION | ||
[Sections 9033.106-9033.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9033.151. TAX METHOD | ||
Sec. 9033.152. DEPOSITORY | ||
Sec. 9033.153. PAYMENT OF TAX OR ASSESSMENT NOT | ||
REQUIRED | ||
[Sections 9033.154-9033.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 9033.201. AUTHORITY TO ISSUE BONDS | ||
Sec. 9033.202. EXCHANGING BONDS FOR PROPERTY OR WORK | ||
Sec. 9033.203. FAILED BOND ELECTION | ||
Sec. 9033.204. BONDS EXEMPT FROM TAXATION | ||
CHAPTER 9033. COMMODORE COVE IMPROVEMENT DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9033.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Commodore Cove Improvement | ||
District. (Acts 59th Leg., R.S., Ch. 598, Sec. 1 (part); New.) | ||
Sec. 9033.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district in Brazoria County created | ||
under Section 59, Article XVI, Texas Constitution. (Acts 59th | ||
Leg., R.S., Ch. 598, Sec. 1 (part).) | ||
Sec. 9033.003. FINDINGS OF PUBLIC BENEFIT AND PUBLIC | ||
PURPOSE. (a) The district is created to serve a public use and | ||
benefit. | ||
(b) All land and other property included in the boundaries | ||
of 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. | ||
(d) 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 59th | ||
Leg., R.S., Ch. 598, Secs. 1 (part), 4, 22 (part).) | ||
Sec. 9033.004. DISTRICT TERRITORY. (a) The district is | ||
composed of the territory described by Section 2, Chapter 598, Acts | ||
of the 59th Legislature, Regular Session, 1965, as that territory | ||
may have been modified under: | ||
(1) Subchapter O, Chapter 51, Water Code; | ||
(2) Subchapter J, Chapter 49, Water Code; | ||
(3) Section 9033.005 of this chapter or its | ||
predecessor statute, former Section 16, Chapter 598, Acts of the | ||
59th Legislature, Regular Session, 1965; or | ||
(4) 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 or | ||
to pay the principal of and interest on the bond; | ||
(3) the district's right to impose a tax; or | ||
(4) the legality or operation of the district or the | ||
board. (Acts 59th Leg., R.S., Ch. 598, Sec. 3; New.) | ||
Sec. 9033.005. EXPANSION OF DISTRICT. (a) Except as | ||
otherwise provided by this section, the district may annex | ||
territory as provided by Section 49.302, Water Code. | ||
(b) Territory may not be annexed to the district without the | ||
written consent of: | ||
(1) all lienholders of record in Brazoria County; and | ||
(2) at least a three-fourths majority of all | ||
landowners in the territory to be annexed whose land must also | ||
constitute at least three-fourths of the value of all land in the | ||
territory to be annexed, as shown by the tax rolls of the county in | ||
which the territory to be annexed is located. | ||
(c) A finding by the district that the requirements of | ||
Subsection (b) have been met is: | ||
(1) conclusive for all purposes; and | ||
(2) not subject to judicial review. (Acts 59th Leg., | ||
R.S., Ch. 598, Sec. 16.) | ||
Sec. 9033.006. HEARINGS FOR EXCLUSION OF LAND. (a) The | ||
board is not required to call or hold a hearing on the exclusion of | ||
land or other property from the district. | ||
(b) This section may not be construed to prevent the board | ||
on its own motion from calling and holding an exclusion hearing | ||
under general law. (Acts 59th Leg., R.S., Ch. 598, Sec. 7 (part).) | ||
[Sections 9033.007-9033.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT ADMINISTRATION | ||
Sec. 9033.051. BOARD OF DIRECTORS. (a) The board consists | ||
of five elected directors. | ||
(b) To be appointed as a director, a person must: | ||
(1) be at least 18 years of age; and | ||
(2) reside in this state. | ||
(c) Such director is not required to reside in the district. | ||
(d) Such director is not required to own land in the | ||
district, but before the district awards any construction | ||
contracts, each director must own land in the district subject to | ||
district taxation. (Acts 59th Leg., R.S., Ch. 598, Sec. 9 (part).) | ||
Sec. 9033.052. NOTICE OF DIRECTORS' ELECTION. At least 30 | ||
days before the date of a directors' election, notice of the | ||
election must be published at least once in a newspaper of general | ||
circulation in Brazoria County. (Acts 59th Leg., R.S., Ch. 598, | ||
Sec. 9 (part).) | ||
Sec. 9033.053. DIRECTOR'S BOND. Each director shall give a | ||
bond in the amount of $5,000 for the faithful performance of the | ||
director's duties. (Acts 59th Leg., R.S., Ch. 598, Sec. 9 (part).) | ||
Sec. 9033.054. DUTY OF SECRETARY; ABSENCE OF SECRETARY FROM | ||
BOARD MEETING. (a) The board secretary shall sign the minutes of | ||
each board meeting. | ||
(b) If the board secretary is absent from a board meeting, | ||
the board shall name a secretary pro tem for the meeting who may: | ||
(1) exercise all powers and duties of the secretary | ||
for the meeting; | ||
(2) sign the minutes of the meeting; and | ||
(3) attest all orders passed or other action taken at | ||
the meeting. (Acts 59th Leg., R.S., Ch. 598, Sec. 9 (part).) | ||
Sec. 9033.055. VOTE BY BOARD PRESIDENT. The board | ||
president has the same right to vote as any other director. (Acts | ||
59th Leg., R.S., Ch. 598, Sec. 9 (part).) | ||
Sec. 9033.056. ABSENCE OR INACTION OF BOARD PRESIDENT. | ||
When the board president is absent or fails or declines to act, the | ||
board vice president shall perform all duties and exercise all | ||
power this chapter or general law gives the president. (Acts 59th | ||
Leg., R.S., Ch. 598, Sec. 9 (part).) | ||
[Sections 9033.057-9033.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9033.101. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS. 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 59th | ||
Leg., R.S., Ch. 598, Sec. 5 (part); New.) | ||
Sec. 9033.102. ADDITIONAL POWERS. (a) The district may: | ||
(1) purchase, construct, or otherwise acquire a | ||
waterworks system, sanitary sewer system, storm sewer system, or | ||
drainage facility or any part of those systems or facilities; | ||
(2) make any purchase, construction, improvement, | ||
extension, addition, or repair necessary to a system or facility | ||
described by Subdivision (1); | ||
(3) purchase or otherwise acquire, operate, and | ||
maintain any land, right-of-way, easement, site, equipment, | ||
building, plant, structure, or facility necessary for a system or | ||
facility described by Subdivision (1); and | ||
(4) sell water and other services. | ||
(b) The district may exercise any of the rights or powers | ||
granted by this chapter inside or outside the district's | ||
boundaries, but only in Brazoria County. (Acts 59th Leg., R.S., Ch. | ||
598, Sec. 17 (part).) | ||
Sec. 9033.103. LIMIT ON EMINENT DOMAIN POWER. The district | ||
may exercise the power of eminent domain only in the district. | ||
(Acts 59th Leg., R.S., Ch. 598, Sec. 12 (part).) | ||
Sec. 9033.104. COST OF RELOCATING OR ALTERING PROPERTY. | ||
(a) In this section, "sole expense" means the actual cost of | ||
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 of 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 the relocating, raising, rerouting, | ||
changing the grade, or altering of the construction of a highway, | ||
railroad, electric transmission line, telegraph or telephone | ||
property or facility, or pipeline, the necessary action shall be | ||
accomplished at the sole expense of the district. (Acts 59th Leg., | ||
R.S., Ch. 598, Sec. 12 (part).) | ||
Sec. 9033.105. NOTICE OF ELECTION. Notice of an election | ||
may be given under the hand of the board president or secretary. | ||
(Acts 59th Leg., R.S., Ch. 598, Sec. 20.) | ||
[Sections 9033.106-9033.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9033.151. TAX METHOD. (a) The district shall use the | ||
ad valorem plan of taxation. | ||
(b) The board is not required to call or hold a hearing on | ||
the adoption of a plan of taxation. (Acts 59th Leg., R.S., Ch. 598, | ||
Sec. 8.) | ||
Sec. 9033.152. DEPOSITORY. (a) The board shall select one | ||
or more banks or trust companies in this state to act as a | ||
depository of bond proceeds or of revenue derived from the | ||
operation of district facilities. | ||
(b) The depository shall, as determined by the board: | ||
(1) furnish indemnity bonds; | ||
(2) pledge securities; or | ||
(3) meet any other requirements. (Acts 59th Leg., | ||
R.S., Ch. 598, Sec. 15.) | ||
Sec. 9033.153. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. | ||
The district is not required to pay a tax or assessment on: | ||
(1) a district project or any part of the project; or | ||
(2) a district purchase. (Acts 59th Leg., R.S., Ch. | ||
598, Sec. 22 (part).) | ||
[Sections 9033.154-9033.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS | ||
Sec. 9033.201. AUTHORITY TO ISSUE BONDS. The district may | ||
issue bonds of any kind to carry out any purpose authorized by this | ||
chapter. (Acts 59th Leg., R.S., Ch. 598, Sec. 17 (part).) | ||
Sec. 9033.202. EXCHANGING BONDS FOR PROPERTY OR WORK. The | ||
district may exchange bonds, including refunding bonds: | ||
(1) for property acquired by purchase; or | ||
(2) in payment of the contract price of work done or | ||
materials or services furnished for the use and benefit of the | ||
district. (Acts 59th Leg., R.S., Ch. 598, Sec. 18 (part).) | ||
Sec. 9033.203. FAILED BOND ELECTION. (a) A general law, | ||
including Sections 51.781-51.791, Water Code, that provides for | ||
calling a hearing on the dissolution of a district after a failed | ||
district bond election does not apply to the district. | ||
(b) Six months after the date of a failed bond election, the | ||
board may call a subsequent bond election. | ||
(c) The district continues to exist and retain its full | ||
power to function and operate regardless of the outcome of a bond | ||
election. (Acts 59th Leg., R.S., Ch. 598, Sec. 19.) | ||
Sec. 9033.204. BONDS EXEMPT FROM TAXATION. A bond issued | ||
under this chapter, the transfer of the bond, and income from the | ||
bond, including profits made on the sale of the bond, are exempt | ||
from taxation in this state. (Acts 59th Leg., R.S., Ch. 598, Sec. | ||
22 (part).) | ||
SECTION 1.07. Subtitle X, Title 6, Special District Local | ||
Laws Code, is amended by adding Chapter 11003 to read as follows: | ||
CHAPTER 11003. MATADOR WATER DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 11003.001. DEFINITIONS | ||
Sec. 11003.002. NATURE OF DISTRICT | ||
Sec. 11003.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE | ||
[Sections 11003.004-11003.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION | ||
Sec. 11003.051. DISTRICT TERRITORY | ||
Sec. 11003.052. ANNEXATION OF CITY TERRITORY | ||
Sec. 11003.053. ANNEXATION OF OTHER TERRITORY | ||
[Sections 11003.054-11003.100 reserved for expansion] | ||
SUBCHAPTER C. BOARD OF DIRECTORS | ||
Sec. 11003.101. COMPOSITION OF BOARD; TERMS | ||
Sec. 11003.102. QUALIFICATIONS FOR OFFICE | ||
Sec. 11003.103. VACANCIES | ||
Sec. 11003.104. REMOVAL FROM OFFICE | ||
Sec. 11003.105. BOARD RESOLUTIONS; QUORUM; VOTING | ||
REQUIREMENTS | ||
Sec. 11003.106. OFFICERS AND ASSISTANTS | ||
Sec. 11003.107. DUTIES OF OFFICERS AND ASSISTANTS | ||
Sec. 11003.108. MEETINGS | ||
Sec. 11003.109. PERSONAL LIABILITY OF DIRECTORS | ||
[Sections 11003.110-11003.150 reserved for expansion] | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 11003.151. DISTRICT POWERS | ||
Sec. 11003.152. PERMITS | ||
Sec. 11003.153. GENERAL AUTHORITY OF PUBLIC AGENCIES | ||
AND POLITICAL SUBDIVISIONS TO | ||
CONTRACT WITH DISTRICT | ||
Sec. 11003.154. CONTRACTS TO SUPPLY WATER | ||
Sec. 11003.155. SOURCES FOR WATER; ACQUISITION OF | ||
LAND; STORAGE CAPACITY | ||
Sec. 11003.156. CONSTRUCTION CONTRACTS | ||
Sec. 11003.157. CONVEYANCE OF LAND TO DISTRICT | ||
Sec. 11003.158. SURPLUS PROPERTY | ||
Sec. 11003.159. EMINENT DOMAIN | ||
Sec. 11003.160. COST OF RELOCATING OR ALTERING | ||
PROPERTY; RIGHTS-OF-WAY AND | ||
EASEMENTS | ||
Sec. 11003.161. OTHER DISTRICT POWERS | ||
[Sections 11003.162-11003.200 reserved for expansion] | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 11003.201. IMPOSITION OF MAINTENANCE TAX | ||
Sec. 11003.202. DEPOSITORY | ||
Sec. 11003.203. INVESTMENT OF DISTRICT MONEY | ||
Sec. 11003.204. DISTRICT FACILITIES EXEMPT FROM | ||
TAXATION AND ASSESSMENT | ||
[Sections 11003.205-11003.250 reserved for expansion] | ||
SUBCHAPTER F. BONDS | ||
Sec. 11003.251. AUTHORITY TO ISSUE BONDS | ||
Sec. 11003.252. FORM OF BONDS | ||
Sec. 11003.253. MATURITY | ||
Sec. 11003.254. ELECTION FOR BONDS PAYABLE FROM AD | ||
VALOREM TAXES | ||
Sec. 11003.255. BONDS SECURED BY REVENUE; ADDITIONAL | ||
BONDS | ||
Sec. 11003.256. BONDS PAYABLE FROM AD VALOREM TAXES | ||
Sec. 11003.257. ADDITIONAL SECURITY | ||
Sec. 11003.258. TRUST INDENTURE | ||
Sec. 11003.259. CHARGES FOR DISTRICT SERVICES | ||
Sec. 11003.260. USE OF BOND PROCEEDS | ||
Sec. 11003.261. APPOINTMENT OF RECEIVER | ||
Sec. 11003.262. REFUNDING BONDS | ||
Sec. 11003.263. LIMITATION ON RIGHTS OF BONDHOLDERS | ||
Sec. 11003.264. BONDS EXEMPT FROM TAXATION | ||
Sec. 11003.265. DETACHMENT OF DISTRICT TERRITORY AFTER | ||
ISSUANCE OF BONDS | ||
CHAPTER 11003. MATADOR WATER DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 11003.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "City" means the city of Matador. | ||
(3) "City council" means the city council of the city. | ||
(4) "Director" means a member of the board appointed | ||
by the city council. | ||
(5) "District" means the Matador Water District. | ||
(Acts 64th Leg., R.S., Ch. 36, Secs. 1 (part), 2 (part), 3(a) | ||
(part); New.) | ||
Sec. 11003.002. NATURE OF DISTRICT. The district is a | ||
conservation and reclamation district created under Section 59, | ||
Article XVI, Texas Constitution. (Acts 64th Leg., R.S., Ch. 36, | ||
Sec. 1 (part).) | ||
Sec. 11003.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||
(a) All territory and taxable property in the city will benefit | ||
from the works and improvements of the district. | ||
(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 constitution. (Acts 64th Leg., | ||
R.S., Ch. 36, Secs. 2 (part), 22 (part).) | ||
[Sections 11003.004-11003.050 reserved for expansion] | ||
SUBCHAPTER B. DISTRICT TERRITORY; ANNEXATION | ||
Sec. 11003.051. DISTRICT TERRITORY. (a) The boundaries of | ||
the district are coextensive with the boundaries of the city as | ||
those boundaries existed on January 1, 1975, and as the district | ||
territory may have been modified under: | ||
(1) this subchapter or its predecessor statutes, | ||
Sections 6 and 7, Chapter 36, Acts of the 64th Legislature, Regular | ||
Session, 1975; | ||
(2) Subchapter J, Chapter 49, Water Code; or | ||
(3) other law. | ||
(b) An invalidity in the fixing of the boundaries of the | ||
city as they existed on January 1, 1975, does not affect the | ||
boundaries of the district. (Acts 64th Leg., R.S., Ch. 36, Sec. 2 | ||
(part); New.) | ||
Sec. 11003.052. ANNEXATION OF CITY TERRITORY. (a) | ||
Territory annexed to the city after January 1, 1975, may be annexed | ||
to the district as provided by this section. | ||
(b) At any time after final passage of an ordinance or | ||
resolution annexing territory to the city, the board may give | ||
notice of a hearing on the question of annexing that territory to | ||
the district. The notice is sufficient if it: | ||
(1) states the date and place of the hearing; and | ||
(2) describes the area proposed to be annexed or | ||
refers to the annexation ordinance or resolution of the city. | ||
(c) At least 10 days before the date set for the hearing, the | ||
notice must be published one time in a newspaper of general | ||
circulation in the city. | ||
(d) If, as a result of the hearing, the board finds that the | ||
territory will benefit from the present or contemplated | ||
improvements, works, or facilities of the district, the board shall | ||
adopt a resolution annexing the territory to the district. | ||
(e) After the territory is annexed to the district, the | ||
board may hold an election in the entire district to determine | ||
whether: | ||
(1) the entire district will assume any tax-supported | ||
bonds then outstanding and those bonds previously voted but not yet | ||
sold; and | ||
(2) an ad valorem tax for the payment of the bonds will | ||
be imposed on all taxable property in the district. | ||
(f) An election held under Subsection (e) must be held and | ||
notice must be given in the same manner as an election held under | ||
Section 11003.254 for the issuance of bonds. (Acts 64th Leg., R.S., | ||
Ch. 36, Sec. 6.) | ||
Sec. 11003.053. ANNEXATION OF OTHER TERRITORY. (a) | ||
Territory other than territory subject to Section 11003.052 may be | ||
annexed to the district as provided by this section. | ||
(b) The board may annex territory or a municipality under | ||
this section only if a petition requesting annexation is 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, and is filed with the board. The | ||
petition must 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. | ||
(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 stating the time and place of the | ||
hearing must be published one time in a newspaper of general | ||
circulation in the territory or municipality proposed to be | ||
annexed. The notice must describe the territory in the same manner | ||
in which Subsection (b) requires the petition to describe the | ||
territory. | ||
(e) Any interested person may appear at the hearing and | ||
offer evidence for or against the annexation. | ||
(f) The hearing may proceed in the order and under the rules | ||
prescribed by the board and may be recessed from time to time. | ||
(g) If, at the conclusion of the hearing, the board finds | ||
that the property in the territory or municipality will benefit | ||
from the present or contemplated improvements, works, or facilities | ||
of the district, 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) 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 | ||
tax-supported bonds of the district then outstanding and those | ||
bonds previously voted but not yet sold; and | ||
(2) an ad valorem tax to be imposed on taxable property | ||
in the territory along with the tax in the rest of the district for | ||
the payment of the bonds. | ||
(k) 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. | ||
(l) An annexation under this section is incontestable | ||
except in the manner and within the time for contesting elections | ||
under the Election Code. (Acts 64th Leg., R.S., Ch. 36, Secs. 7(a), | ||
(b), (c) (part), (d) (part), (e) (part).) | ||
[Sections 11003.054-11003.100 reserved for expansion] | ||
SUBCHAPTER C. BOARD OF DIRECTORS | ||
Sec. 11003.101. COMPOSITION OF BOARD; TERMS. (a) The | ||
district is governed by a board of five directors appointed by the | ||
city council. The directors occupy numbered places on the board. | ||
(b) Directors serve staggered two-year terms, with the | ||
terms of the directors occupying Places 1, 2, and 3 expiring at noon | ||
on March 1 of each even-numbered year and the terms of the directors | ||
occupying Places 4 and 5 expiring at noon on March 1 of each | ||
odd-numbered year. | ||
(c) The mayor of the city serves, ex officio, as an honorary | ||
member of the board. The mayor may attend all meetings and | ||
participate in all proceedings of the board except that the mayor | ||
may not vote. (Acts 64th Leg., R.S., Ch. 36, Sec. 3(a) (part).) | ||
Sec. 11003.102. QUALIFICATIONS FOR OFFICE. (a) To be | ||
eligible to be appointed or to serve as a director, a person must be | ||
a resident, qualified voter of the district. | ||
(b) A director is eligible for reappointment. (Acts 64th | ||
Leg., R.S., Ch. 36, Secs. 3(a) (part), (b).) | ||
Sec. 11003.103. VACANCIES. Any vacancy occurring on the | ||
board shall be filled for the unexpired term by appointment by the | ||
city council. (Acts 64th Leg., R.S., Ch. 36, Sec. 3(a) (part).) | ||
Sec. 11003.104. REMOVAL FROM OFFICE. After reasonable | ||
notice and a public hearing, the board may remove a director from | ||
office for misfeasance, malfeasance, or wilful neglect of duty. | ||
Reasonable notice and a public hearing are not required if the | ||
notice and hearing are expressly waived in writing. (Acts 64th | ||
Leg., R.S., Ch. 36, Sec. 3(c).) | ||
Sec. 11003.105. BOARD RESOLUTIONS; QUORUM; VOTING | ||
REQUIREMENTS. (a) The district shall act through resolutions | ||
adopted by the board. | ||
(b) Three directors constitute a quorum. | ||
(c) Each director has a vote. | ||
(d) The affirmative vote of at least three directors is | ||
necessary to adopt any resolution. (Acts 64th Leg., R.S., Ch. 36, | ||
Sec. 4(c).) | ||
Sec. 11003.106. OFFICERS AND ASSISTANTS. (a) The board | ||
shall elect a president, vice president, secretary, and treasurer | ||
at the first meeting of the board in March of each year or at any | ||
time necessary to fill a vacancy. | ||
(b) The board shall elect the president and vice president | ||
from among the directors. The president shall serve for a term of | ||
one year. | ||
(c) The offices of secretary and treasurer: | ||
(1) may be held by one person; and | ||
(2) are not required to be held by a director. | ||
(d) The board may appoint as assistant board secretary one | ||
or more persons who are not directors. (Acts 64th Leg., R.S., Ch. | ||
36, Secs. 4(b) (part), (d) (part).) | ||
Sec. 11003.107. DUTIES OF OFFICERS AND ASSISTANTS. (a) The | ||
board president shall preside at board meetings and perform other | ||
duties prescribed by the board. | ||
(b) The board secretary is the official custodian of the | ||
minutes, books, records, and seal of the board and shall perform | ||
other duties and functions prescribed by the board. An assistant | ||
board secretary may perform any duty or function of the board | ||
secretary. | ||
(c) The board treasurer shall perform duties and functions | ||
prescribed by the board. (Acts 64th Leg., R.S., Ch. 36, Sec. 4(b) | ||
(part).) | ||
Sec. 11003.108. MEETINGS. The board shall have regular | ||
meetings at times specified by board resolution and shall have | ||
special meetings when called by the board president or by any three | ||
directors. (Acts 64th Leg., R.S., Ch. 36, Sec. 4(e).) | ||
Sec. 11003.109. PERSONAL LIABILITY OF DIRECTORS. A | ||
director is not personally liable for any bond issued or contract | ||
executed by the district. (Acts 64th Leg., R.S., Ch. 36, Sec. | ||
4(f).) | ||
[Sections 11003.110-11003.150 reserved for expansion] | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 11003.151. DISTRICT POWERS. The district may exercise | ||
any power necessary or appropriate to achieve the purposes of this | ||
chapter, including the power to: | ||
(1) sue and be sued, and plead and be impleaded, in its | ||
own name; | ||
(2) adopt an official seal; | ||
(3) adopt and enforce bylaws and rules for the conduct | ||
of its affairs; | ||
(4) acquire, hold, use, and dispose of its receipts | ||
and money from any source; | ||
(5) select a depository or depositories; | ||
(6) acquire, own, rent, lease, accept, hold, or | ||
dispose of property, or an interest in property, including a right | ||
or easement, by purchase, exchange, gift, assignment, | ||
condemnation, sale, lease, or otherwise, in performing district | ||
duties or exercising district powers under this chapter; | ||
(7) hold, manage, operate, or improve property; | ||
(8) lease or rent any land, building, structure, or | ||
facility from or to any person; | ||
(9) sell, assign, lease, encumber, mortgage, or | ||
otherwise dispose of property, or an interest in property, and | ||
release or relinquish a right, title, claim, lien, interest, | ||
easement, or demand, regardless of the manner in which acquired, | ||
and conduct a transaction authorized by this subdivision by public | ||
or private sale, with or without public bidding, notwithstanding | ||
any other law; | ||
(10) issue bonds, provide for and secure the payment | ||
of the bonds, and provide for the rights of the holders of the bonds | ||
in the manner and to the extent authorized by this chapter; | ||
(11) request and accept an appropriation, grant, | ||
allocation, subsidy, guaranty, aid, service, material, or gift from | ||
any source, including the federal government, the state, a public | ||
agency, or a political subdivision; | ||
(12) operate and maintain an office; | ||
(13) appoint and determine the duties, tenure, | ||
qualifications, and compensation of officers, employees, agents, | ||
professional advisors, and counselors considered necessary or | ||
advisable by the board, including financial consultants, | ||
accountants, attorneys, architects, engineers, appraisers, and | ||
financing experts; and | ||
(14) exercise any power granted by Chapter 30, Water | ||
Code, to districts created under Section 59, Article XVI, Texas | ||
Constitution. (Acts 64th Leg., R.S., Ch. 36, Sec. 5 (part).) | ||
Sec. 11003.152. PERMITS. (a) The district may obtain | ||
through appropriate proceedings an appropriation permit or a | ||
diversion permit from the Texas Commission on Environmental | ||
Quality. | ||
(b) The district may acquire a water appropriation permit | ||
from a permit owner by contract or otherwise. (Acts 64th Leg., R.S., | ||
Ch. 36, Sec. 8 (part).) | ||
Sec. 11003.153. GENERAL AUTHORITY OF PUBLIC AGENCIES AND | ||
POLITICAL SUBDIVISIONS TO CONTRACT WITH DISTRICT. A public agency | ||
or political subdivision of this state, including the city, may | ||
enter into a contract or agreement with the district, on terms | ||
agreed to by the parties, for any purpose relating to the district's | ||
powers or functions. Approval, notice, consent, or an election is | ||
not required in connection with the contract or agreement. (Acts | ||
64th Leg., R.S., Ch. 36, Sec. 9(b) (part).) | ||
Sec. 11003.154. CONTRACTS TO SUPPLY WATER. (a) The | ||
district may contract with municipalities and others, including the | ||
city, to supply water to them. The district may sell water inside | ||
or outside the boundaries of the district. | ||
(b) The district may contract with a public agency or | ||
political subdivision for the rental or leasing of or for the | ||
operation of the water production, water supply, water filtration | ||
or purification, and water supply facilities of the entity on the | ||
consideration agreed to by the district and the entity. | ||
(c) A contract under Subsection (a) or (b) may: | ||
(1) be on terms and for the time agreed to by the | ||
parties; and | ||
(2) provide that it will continue in effect until | ||
bonds specified in it and refunding bonds issued in lieu of the | ||
bonds are paid. | ||
(d) The district may contract with the city for the | ||
operation of the district's water facilities by the city. An | ||
election is not required in connection with the contract. | ||
(e) A public agency or political subdivision of this state, | ||
including the city, may enter into a contract or agreement with the | ||
district for a water supply as provided by Section 11003.153. (Acts | ||
64th Leg., R.S., Ch. 36, Secs. 9(a) (part), (b) (part), 19 (part).) | ||
Sec. 11003.155. SOURCES FOR WATER; ACQUISITION OF LAND; | ||
STORAGE CAPACITY. (a) The district may acquire or construct, | ||
inside or outside the district, a reservoir, a well, or any work, | ||
plant, transmission line, or other facility necessary or useful to | ||
drill for, divert, impound, store, pump, treat, or transport to the | ||
city and others water for municipal, domestic, industrial, mining, | ||
oil flooding, or any other useful purpose. | ||
(b) The district may develop or otherwise acquire | ||
underground sources of water. | ||
(c) The district may acquire land, or an interest in land, | ||
inside or outside the district, for any work, plant, or other | ||
facility necessary or useful to drill for, divert, impound, store, | ||
pump, treat, or transport to the city and others water for | ||
municipal, domestic, industrial, mining, oil flooding, or any other | ||
useful purpose. | ||
(d) The district may lease, purchase, 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 64th Leg., R.S., Ch. 36, Secs. 8 (part), 9(a) | ||
(part), 10 (part).) | ||
Sec. 11003.156. CONSTRUCTION CONTRACTS. (a) The district | ||
may award a construction contract that requires an expenditure of | ||
more than $5,000 only after publication of notice to bidders once | ||
each week for two weeks in a newspaper of general circulation in the | ||
district. | ||
(b) The notice is sufficient if it states: | ||
(1) the time and place for opening the bids; | ||
(2) the general nature of the work to be done or the | ||
material, equipment, or supplies to be purchased; and | ||
(3) where the terms of bidding and copies of the plans | ||
and specifications may be obtained. (Acts 64th Leg., R.S., Ch. 36, | ||
Sec. 12.) | ||
Sec. 11003.157. CONVEYANCE OF LAND TO DISTRICT. A public | ||
agency or political subdivision of this state, including the city, | ||
may lease, sell, or otherwise convey its land or an interest in its | ||
land to the district for consideration that the parties agree is | ||
adequate. Approval, notice, consent, or an election is not | ||
required in connection with the conveyance. (Acts 64th Leg., R.S., | ||
Ch. 36, Sec. 9(b) (part).) | ||
Sec. 11003.158. SURPLUS PROPERTY. Subject to the terms of a | ||
resolution or deed of trust authorizing or securing bonds issued by | ||
the district, the district may sell, lease, rent, trade, or | ||
otherwise dispose of property that the board considers is not | ||
needed for a district purpose. (Acts 64th Leg., R.S., Ch. 36, Sec. | ||
10 (part).) | ||
Sec. 11003.159. EMINENT DOMAIN. (a) To carry out a power | ||
conferred by this chapter, the district may exercise the power of | ||
eminent domain to acquire the fee simple title to land, or any other | ||
interest in land, and other property and easements, inside or | ||
outside the district, including land or an interest in land needed | ||
for: | ||
(1) a well; or | ||
(2) a reservoir, dam, or flood easement above the | ||
probable high-water line around a reservoir. | ||
(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 Chapter 21, Property Code. | ||
(d) The board shall determine the amount and the type of | ||
interest in land, other property, or easements to be acquired under | ||
this section. (Acts 64th Leg., R.S., Ch. 36, Sec. 11(a) (part).) | ||
Sec. 11003.160. COST OF RELOCATING OR ALTERING PROPERTY; | ||
RIGHTS-OF-WAY AND EASEMENTS. (a) If the district's exercise of its | ||
eminent domain, police, or other power requires relocating, | ||
raising, lowering, rerouting, or changing the grade of or altering | ||
the construction of any railroad, electric transmission, | ||
telegraph, or telephone line, conduit, pole, property, or facility | ||
or pipeline, the action shall be accomplished at the sole expense of | ||
the district. The term "sole expense" means the actual cost of the | ||
lowering, rerouting, or change in grade or alteration of | ||
construction to provide a comparable replacement without enhancing | ||
the facility, after deducting from the cost the net salvage value | ||
derived from the old facility. | ||
(b) The district has all necessary or useful rights-of-way | ||
and easements along, over, under, and across all public, state, | ||
municipal, and county roads, highways, and places for any of its | ||
purposes. The district shall restore a used facility to its | ||
previous condition as nearly as possible at the sole expense of the | ||
district. (Acts 64th Leg., R.S., Ch. 36, Secs. 11(b), (c).) | ||
Sec. 11003.161. OTHER DISTRICT POWERS. The district has | ||
the same power as is conferred by general law on municipal utility | ||
districts or on water control and improvement districts, with | ||
reference to entering land and making surveys and attending to | ||
other business of the district. (Acts 64th Leg., R.S., Ch. 36, Sec. | ||
11(a) (part).) | ||
[Sections 11003.162-11003.200 reserved for expansion] | ||
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
Sec. 11003.201. IMPOSITION OF MAINTENANCE TAX. (a) The | ||
district may impose a tax, not to exceed 25 cents on each $100 | ||
valuation of taxable property in the district, for: | ||
(1) maintenance purposes, including money for | ||
planning, maintaining, repairing, and operating all necessary | ||
plants, works, facilities, improvements, appliances, and equipment | ||
of the district; | ||
(2) paying costs of proper services, engineering, and | ||
legal fees; and | ||
(3) organization and administrative expenses. | ||
(b) The district may not impose a maintenance tax unless the | ||
tax is approved by a majority of the voters voting at an election | ||
held for that purpose. | ||
(c) A maintenance tax election may be held at the same time | ||
and in conjunction with a bond election. | ||
(d) The procedure for calling, giving notice of, and | ||
conducting a maintenance tax election is the same as the procedure | ||
for a bond election. (Acts 64th Leg., R.S., Ch. 36, Sec. 13.) | ||
Sec. 11003.202. DEPOSITORY. (a) The board shall designate | ||
one or more banks inside or outside the district to serve as the | ||
depository for the district's money. | ||
(b) District money shall be deposited in the depository | ||
designated by the board, except that: | ||
(1) bond proceeds and money pledged to pay bonds, to | ||
the extent provided in a resolution or trust indenture authorizing | ||
or securing district bonds, may be deposited with another bank or | ||
trustee named in the bond resolution or trust indenture; and | ||
(2) money shall be remitted to each paying agent for | ||
the payment of principal of and interest on the bonds. | ||
(c) To the extent that money in a depository bank or 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 municipal money. (Acts 64th Leg., R.S., Ch. 36, Sec. 20 | ||
(part).) | ||
Sec. 11003.203. INVESTMENT OF DISTRICT MONEY. The board | ||
may invest district money in obligations and make time deposits of | ||
district money in the manner determined by the board or in the | ||
manner permitted or required in a resolution or trust indenture | ||
authorizing or securing district bonds. (Acts 64th Leg., R.S., Ch. | ||
36, Sec. 20 (part).) | ||
Sec. 11003.204. DISTRICT FACILITIES EXEMPT FROM TAXATION | ||
AND ASSESSMENT. The district is not required to pay a tax or | ||
assessment on its facilities or any part of its facilities. (Acts | ||
64th Leg., R.S., Ch. 36, Sec. 22 (part).) | ||
[Sections 11003.205-11003.250 reserved for expansion] | ||
SUBCHAPTER F. BONDS | ||
Sec. 11003.251. AUTHORITY TO ISSUE BONDS. (a) The district | ||
may issue bonds payable from and secured by revenue or ad valorem | ||
taxes, or both revenue and ad valorem taxes, of the district to | ||
carry out any power conferred by this chapter. The bonds must be | ||
authorized by a board resolution. | ||
(b) The bonds must be issued in the manner and under the | ||
terms of the resolution authorizing the issuance of the bonds. | ||
(Acts 64th Leg., R.S., Ch. 36, Secs. 14(a), (b) (part), (e) (part).) | ||
Sec. 11003.252. FORM OF BONDS. District bonds must be: | ||
(1) issued in the district's name; | ||
(2) signed by the president or vice president; and | ||
(3) attested by the secretary. (Acts 64th Leg., R.S., | ||
Ch. 36, Sec. 14(b) (part).) | ||
Sec. 11003.253. MATURITY. District bonds must mature not | ||
later than 40 years after the date of their issuance. (Acts 64th | ||
Leg., R.S., Ch. 36, Sec. 14(b) (part).) | ||
Sec. 11003.254. 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 of the district 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 place at which the election will be | ||
held; | ||
(2) the purpose for which the bonds will be issued; | ||
(3) the amount of the bonds; | ||
(4) the form of the ballot; and | ||
(5) other matters the board considers necessary or | ||
advisable. | ||
(c) 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. | ||
(d) The district may issue bonds not payable wholly or | ||
partly from ad valorem taxes without an election. (Acts 64th Leg., | ||
R.S., Ch. 36, Secs. 17(a) (part), (b).) | ||
Sec. 11003.255. BONDS SECURED BY REVENUE; ADDITIONAL BONDS. | ||
(a) District bonds issued may be secured by a pledge of all or part | ||
of the district's revenue, or by all or part of the revenue of one or | ||
more contracts previously or subsequently made or other revenue or | ||
income specified by board resolution or a trust indenture securing | ||
the bonds. The pledge may reserve the right, under conditions | ||
specified by the pledge, to issue additional bonds that will be on a | ||
parity with or subordinate to the bonds then being issued. | ||
(b) The district may issue bonds secured by both taxes and | ||
revenue of the district described by Subsection (a). (Acts 64th | ||
Leg., R.S., Ch. 36, Secs. 14(d), (e) (part).) | ||
Sec. 11003.256. BONDS PAYABLE FROM AD VALOREM TAXES. (a) | ||
If bonds are issued payable wholly or partly from ad valorem taxes, | ||
the board shall annually impose a tax on the taxable property in the | ||
district in an amount sufficient to pay the principal of and | ||
interest on the bonds when due. | ||
(b) The district may adopt the rate of a tax imposed under | ||
Subsection (a) for any year after giving consideration to the money | ||
received from the pledged revenue that may be available for payment | ||
of principal and interest, to the extent and in the manner permitted | ||
by the resolution authorizing the issuance of the bonds. (Acts 64th | ||
Leg., R.S., Ch. 36, Secs. 14(e) (part), 23(b) (part).) | ||
Sec. 11003.257. ADDITIONAL SECURITY. (a) District bonds, | ||
including refunding bonds, that are not payable wholly from ad | ||
valorem taxes may be additionally secured, at the discretion of the | ||
board, by a deed of trust or mortgage lien on physical property of | ||
the district 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 property, facilities, and | ||
rights purchased; and | ||
(2) is entitled to maintain and operate the property, | ||
facilities, and rights. (Acts 64th Leg., R.S., Ch. 36, Sec. 16 | ||
(part).) | ||
Sec. 11003.258. 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 64th Leg., R.S., Ch. 36, Sec. 16 (part).) | ||
Sec. 11003.259. CHARGES FOR DISTRICT SERVICES. (a) If | ||
district bonds payable wholly from revenue are issued, the board | ||
shall set and revise the rates of compensation for water sold and | ||
services provided by the district. The rates must be sufficient to: | ||
(1) pay the expense of operating and maintaining | ||
district facilities; | ||
(2) pay the principal of and interest on the bonds when | ||
due; and | ||
(3) maintain the reserve fund and other funds as | ||
provided in the resolution authorizing the bonds. | ||
(b) If bonds payable partly from revenue are issued, the | ||
board shall set and revise the rate of compensation for water sold | ||
and any other services provided by the district. The rate must be | ||
sufficient to ensure compliance with the resolution authorizing the | ||
bonds or the trust indenture securing the bonds. (Acts 64th Leg., | ||
R.S., Ch. 36, Sec. 14(f).) | ||
Sec. 11003.260. USE OF BOND PROCEEDS. (a) The district may | ||
set aside an amount of proceeds from the sale of district bonds for: | ||
(1) the payment of interest expected to accrue during | ||
construction not to exceed three years; | ||
(2) a reserve interest and sinking fund; and | ||
(3) other funds as may be provided in the resolution | ||
authorizing the bonds or in the trust indenture. | ||
(b) The district may use proceeds from the sale of the bonds | ||
to pay any expense necessarily incurred in accomplishing the | ||
purpose of the district, including any expense of issuing and | ||
selling the bonds. (Acts 64th Leg., R.S., Ch. 36, Sec. 14(g).) | ||
Sec. 11003.261. APPOINTMENT OF RECEIVER. (a) On default or | ||
threatened default in the payment of the principal of or interest on | ||
district bonds 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 proprietary affairs of the | ||
district without consent 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 | ||
64th Leg., R.S., Ch. 36, Sec. 14(h) (part).) | ||
Sec. 11003.262. REFUNDING BONDS. (a) The district may | ||
issue refunding bonds to refund outstanding district bonds and | ||
interest on those bonds. | ||
(b) Refunding bonds may: | ||
(1) be issued to refund bonds of more than one series; | ||
(2) combine the pledges for the outstanding bonds for | ||
the security of the refunding bonds; or | ||
(3) be secured by a pledge of other or additional | ||
revenue 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 | ||
and any required redemption premium on the bonds to be refunded to | ||
any redemption date or to their maturity date, and the comptroller | ||
shall register the refunding bonds without the surrender and | ||
cancellation of the bonds to be refunded. | ||
(f) An election is not required to authorize the issuance of | ||
refunding bonds. | ||
(g) The district may also issue refunding bonds under any | ||
other applicable law. (Acts 64th Leg., R.S., Ch. 36, Sec. 15.) | ||
Sec. 11003.263. 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 64th Leg., R.S., Ch. 36, Sec. 14(h) | ||
(part).) | ||
Sec. 11003.264. 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 64th Leg., R.S., Ch. 36, Sec. 22 | ||
(part).) | ||
Sec. 11003.265. DETACHMENT OF DISTRICT TERRITORY AFTER | ||
ISSUANCE OF BONDS. Territory may not be detached from the district | ||
after the issuance of bonds payable from revenue or taxes, or both | ||
revenue and taxes. (Acts 64th Leg., R.S., Ch. 36, Sec. 17(a) | ||
(part).) | ||
ARTICLE 2. CONFORMING AMENDMENTS | ||
SECTION 2.01. Section 1, Chapter 317, Acts of the 59th | ||
Legislature, Regular Session, 1965, is amended to read as follows: | ||
Sec. 1. [ |
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Counties of DeWitt, Lavaca and Gonzales, Texas, and the boundaries | ||
of said District shall be coextensive with the boundaries of the | ||
three school districts, hereinafter named as constituted on January | ||
1, 1965, lying adjacent and forming one body of land, situated | ||
partly in the Counties of DeWitt, Lavaca and Gonzales, Texas, to | ||
wit: | ||
HOPE COMMON SCHOOL DISTRICT No. 58, lying wholly in Lavaca | ||
County, Texas, SWEET HOME COMMON SCHOOL DISTRICT No. 41, lying | ||
wholly in Lavaca County, Texas, and YOAKUM INDEPENDENT SCHOOL | ||
DISTRICT, lying partly within the Counties of DeWitt, Lavaca and | ||
Gonzales, Texas, except as that certain area excluded therefrom | ||
situated in said Yoakum Independent School District, in DeWitt | ||
County, Texas, lying near the City of Cuero and adjacent to the | ||
present Cuero Independent School District, and better described as | ||
being all of the William Norwall (W. L. Norwall) Survey A-371; all | ||
of the S. B. Mixon Survey A-341; all of the Joshua Threadgill Survey | ||
A-454; and all of the William S. Townsend Survey A-457. | ||
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SECTION 2.02. Section 2, Chapter 18, Acts of the 55th | ||
Legislature, 1st Called Session, 1957, is amended to read as | ||
follows: | ||
Sec. 2. [ |
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territory enclosed within the following metes and bounds | ||
description, to-wit: | ||
BEGINNING at intersection of right bank of Leon River with | ||
center line of Belton-Shallow Ford Road. | ||
THENCE westerly with said road, 6800 feet, more or less, to | ||
east line of M. F. Connell Survey, Abstract #6. | ||
THENCE N. 19° E., 925 feet, more or less, with said survey to | ||
point that would intersect East 6th Street, Belton, Texas. | ||
THENCE westerly with said 6th Street to Santa Fe Railroad | ||
Belton Spur. | ||
THENCE northerly with said Spur to Santa Fe Railroad Main | ||
Line Right-of-Way. | ||
THENCE westerly with said Santa Fe Right-of-Way to road going | ||
north to Belton Dam Site. | ||
THENCE northerly 800 feet, more or less, with Belton Dam Site | ||
Road to north line of Lewis Walker Survey, Abstract #860. | ||
THENCE N. 71° W., 12,000 feet, more or less, with north line | ||
of Walker Survey, to its northwest corner. | ||
THENCE S. 19° W., 150 feet, more or less, to Belton-Sparta | ||
Road. | ||
THENCE northwesterly 4500 feet, more or less, with said | ||
Belton-Sparta Road to east line of A. C. Barrington Tract. | ||
THENCE northerly 2300 feet, more or less, with east line of | ||
Barrington Tract to its northeast corner, in north line of Wm. | ||
Norvell Survey, Abstract #627. | ||
THENCE N. 71° W. to the northwest corner of Norvell Survey and | ||
the northeast corner of Wiley Jones Survey, Abstract #475. | ||
THENCE S. 19° W. with Fort Hood Reservation and the east line | ||
of Jones Survey 7400 feet, more or less, to corner of said | ||
Reservation. | ||
THENCE westerly 16,000 feet, more or less, with said | ||
Reservation south line, to the most northerly northwest corner of | ||
C. O. Kaiser Tract. | ||
THENCE southerly 860 feet, more or less, with said | ||
Reservation Line to an ell corner of Kaiser Tract. | ||
THENCE N. 71° W., 7800 feet, more or less, to a point in the | ||
east line of Wm. Brown Survey, Abstract #87. | ||
THENCE S. 19° W. to the southeast corner of said Brown Survey. | ||
THENCE N. 71° W. to the southwest corner of said Brown Survey, | ||
in the east line of G. W. Cartwright Survey. | ||
THENCE southerly 3880 feet, more or less, with Reservation | ||
Line and east line of said Cartwright Survey to the northeast corner | ||
of T. J. Cox Tract. | ||
THENCE N. 71° W., 1850 feet, more or less, with Reservation | ||
and Cox Line to northwest corner of Cox's Tract in the east line of | ||
Grady Bagby Tract. | ||
THENCE N. 19° E., 1100 feet, more or less, with Bagby's east | ||
line and Reservation Line, to the northeast corner of Bagby Tract. | ||
THENCE westerly 5800 feet, more or less, with Reservation | ||
Line and north line of Bagby and T. L. Bishop Tracts, a corner in | ||
east line of Perry Hicks Tract. | ||
THENCE northerly 1450 feet, more or less, to Hicks northeast | ||
corner and corner of Reservation. | ||
THENCE N. 71° W., 3100 feet, more or less, to point in public | ||
road for corner of this. | ||
THENCE northwesterly 8000 feet, more or less, with said road | ||
and Reservation Line to northwest corner of W. S. Whitmire Tract and | ||
corner of this. | ||
THENCE N. 71° W., 3500 feet, more or less, with Reservation | ||
Line to northwest corner of E. R. Hilliard Tract. | ||
THENCE S. 19° W., 850 feet, more or less, to northeast corner | ||
of W. T. Dugger Tract. | ||
THENCE N. 71° W., 1320 feet, more or less, with Reservation | ||
Line and north line of Dugger to Dugger's northwest corner in west | ||
line of A. Dickson Survey, Abstract #265. | ||
THENCE S. 19° W., 4600 feet, more or less, with Reservation | ||
Line to corner thereof. | ||
THENCE westerly 9100 feet, more or less, with Reservation | ||
Line to northwest corner of Fairway Park Addition, Killeen, Texas, | ||
and corner of Reservation. | ||
THENCE S. 19° W., 1300 feet, more or less, to corner of | ||
Fairway Park Addition, S. 71° E., 100 feet, more or less to ell | ||
corner of Fairway Park Addition, and S. 19° W., 1200 feet, more or | ||
less, to the north line of A. Thompson Survey, Abstract #813. | ||
THENCE N. 71° W. to northwest corner of A. Thompson Survey. | ||
THENCE S. 19° W., 5800 feet, more or less, with Reservation | ||
Line to ell corner of Wendland Tract. | ||
THENCE N. 71° W., 800 feet, more or less, and S. 19° W., 1500 | ||
feet, more or less, to point in east line of Thomas Robinett Survey, | ||
Abstract #686, northeast corner of Mrs. Joe Harris Tract for corner | ||
of this and of Reservation. | ||
THENCE N. 71° W., 8000 feet, more or less, with Reservation | ||
Line, the northwest corner of L. A. Williams Tract. | ||
THENCE southwesterly 3400 feet, more or less, with | ||
Reservation Line to a point in north line of Oscar Rose Tract. | ||
THENCE N. 71° W., 5700 feet, more or less, to west line of said | ||
Robinett Survey and the northwest corner of H. Shorn 251 acre tract. | ||
THENCE S. 19° W., 13,900 feet, more or less, to southwest | ||
corner of Theron Shepard Tract in west line of J. E. Madera Survey, | ||
Abstract #600. | ||
THENCE S. 71° E., 1800 feet, more or less, to most southerly | ||
southeast corner of said Shepard Tract in west line of C. V. | ||
Bouchelle Tract. | ||
THENCE N. 19° E., 600 feet, more or less, to the most | ||
northerly northwest corner of the Bouchelle Tract. | ||
THENCE S. 71° E., 1600 feet, more or less, to northeast corner | ||
of Bouchelle Tract in west line of A. J. Henderson Tract. | ||
THENCE N. 19° E., 1700 feet, more or less, to the most | ||
northerly northwest corner of Henderson Tract, S. 71° E., 600 feet, | ||
more or less, to an ell corner of Henderson Tract, and N. 19° E., | ||
2300 feet, more or less, to the northwest corner of said Henderson | ||
Tract in south line of Robinett Survey. | ||
THENCE S. 71° E., 12,000 feet, more or less, with south line | ||
of Robinett Survey and projecting said line to west line of Azra | ||
Webb Survey, Abstract #857, for a corner of this. | ||
THENCE S. 19° W., 7000 feet, more or less, with west line of | ||
said Webb Survey and road to southwest corner of said Webb Survey. | ||
THENCE S. 71° E., 6000 feet, more or less, to southeast corner | ||
of said Webb Survey, a road intersection for corner of this. | ||
THENCE easterly with public road, at 5400 feet, more or less, | ||
the southwest corner of Sarah Llewelyn 100 acre tract. | ||
THENCE northerly 1300 feet, more or less, to the northwest | ||
corner of said 100 acre tract, and easterly 2000 feet, more or less, | ||
to northeast corner of said 100 acre tract in west line of Llewelyn | ||
300 acre tract. | ||
THENCE N. 19° E., 1800 feet, more or less, with west line of | ||
said 300 acre tract, 2500 feet, more or less, from the northwest | ||
corner thereof. | ||
THENCE N. 71° E., 5600 feet, more or less, to point in east | ||
line of Robert Cunningham Survey, Abstract #199, and west line of | ||
Robert Cunningham Survey, Abstract #198, and southwest corner of L. | ||
M. Parmer 100 acre tract. | ||
THENCE N. 19° W., 2000 feet, more or less, to southwest corner | ||
of E. L. Sprott Tract. | ||
THENCE N. 71° E., 2000 feet, more or less, with south line of | ||
Sprott Tract to southeast corner of Sprott Tract. | ||
THENCE N. 19° W., 1650 feet, more or less, to northwest corner | ||
of R. L. Bigham Tract in north line of said Cunningham Survey, | ||
Abstract #198. | ||
THENCE N. 71° E., 2800 feet, more or less, with north line of | ||
Bigham Tract and north line of Cunningham Survey to point in | ||
Killeen-Salado Road. | ||
THENCE easterly 3300 feet, more or less, with said road to | ||
southwest corner of J. A. Cox Survey, Abstract #189. | ||
THENCE S. 71° E., 5000 feet, more or less, with south line of | ||
said Cox Survey and south line of J. J. Tomlinson Survey, Abstract | ||
#831, the southeast corner of said Tomlinson Survey in west line of | ||
Martha Smith Survey, Abstract #750, for corner of this. | ||
THENCE N. 19° E., 660 feet, more or less, with said Smith's | ||
west line to northwest corner of Norris Tract. | ||
THENCE S. 71° E., 4300 feet, more or less, to east line of said | ||
Smith Survey and west line of Albert Gallatin Survey, Abstract | ||
#363. | ||
THENCE S. 19° W., 2300 feet, more or less, to southwest corner | ||
of said Gallatin Survey. | ||
THENCE S. 71° E., 5280 feet, more or less, to southeast corner | ||
of said Gallatin Survey in west line of Eliz Dawson Survey, Abstract | ||
#258. | ||
THENCE S. 19° W., 1300 feet, more or less, to most westerly | ||
southwest corner of said Dawson Survey. | ||
THENCE S. 71° E., 4400 feet, more or less, to point in east | ||
line of said Dawson Survey, and west line of Uriah Hunt Survey, | ||
Abstract #401, said point being in road and in west line of M. D. | ||
Boydston Tract. | ||
THENCE S. 19° W., 500 feet, more or less, to southwest corner | ||
of Boydston Tract at road intersection. | ||
THENCE easterly 5000 feet, more or less, with said road to | ||
northwest corner of Vernon Ellis Tract, in east line of said Hunt | ||
Survey. | ||
THENCE S. 19° W., 1600 feet, more or less, with Hunt east line | ||
to northwest corner of the J. M. Lane Survey, Abstract #531. | ||
THENCE S. 71° E. to most northerly northeast corner of said | ||
Lane Survey. | ||
THENCE S. 19° W. to ell corner of said Lane Survey. | ||
THENCE S. 71° E. to most easterly northeast corner of said | ||
Lane Survey. | ||
THENCE S. 19° W. to southeast corner of said Lane Survey and | ||
most southerly corner of P. G. Rucker Survey, Abstract #1119, in | ||
north line of T. J. Nabors Survey, Abstract #631. | ||
THENCE N. 71° E. to northeast corner of said Nabors Survey. | ||
THENCE S. 19° E. to west line of Bill Wendland Tract. | ||
THENCE N. 19° E., 1600 feet, more or less, with Wendland west | ||
line to south line of John Hughes Survey, Abstract #379. | ||
THENCE N. 71° W., 1000 feet, more or less, to southwest corner | ||
of said Hughes Survey. | ||
THENCE N. 19° E. with said west line to Belton-Keyes Valley | ||
Road. | ||
THENCE easterly 12,000 feet, more or less, with said road to | ||
its intersection with Highway #190, at Fred Hills. | ||
THENCE easterly with said Highway #190, to west line of John | ||
Lewis Survey, Abstract #512, at W. T. Mills northwest corner. | ||
THENCE S. 19° W., 1200 feet, more or less, to Mills southwest | ||
corner. | ||
THENCE S. 71° E., 4600 feet, more or less, with south lines of | ||
Mills, Mrs. J. C. Varnell and Mrs. Katie Peeler Tracts to point in | ||
public road, southeast corner Peeler Tract for corner of this. | ||
THENCE S. 19° W. with said road, 1200 feet, more or less, to | ||
southwest corner of H. C. Farrell Tract. | ||
THENCE easterly 7200 feet, more or less, with road to | ||
southeast corner of F. R. Stegall Tract, in the west line of J. S. | ||
Huey Tract, in the east line of the J. Townsend Survey, Abstract | ||
#818. | ||
THENCE S. 19° W., 1300 feet, more or less, to J. Townsend | ||
southeast corner in west line of J. P. Wallace Survey, Abstract | ||
#906. | ||
THENCE S. 71° E., 17,500 feet, more or less, to east line of O. | ||
T. Tyler Survey, Abstract #20. | ||
THENCE N. 19° E., 4000 feet, more or less, to northeast corner | ||
of Tyler Survey on right bank of Leon River. | ||
THENCE up said Leon River to the place of beginning. | ||
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SECTION 2.03. Section 1, Chapter 286, Acts of the 54th | ||
Legislature, Regular Session, 1955, is amended to read as follows: | ||
Sec. 1. [ |
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boundaries of the district [ |
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All the following tract of land comprising approximately 569 | ||
acres or 0.89 (89/100ths) of a square mile and being in the Stephen | ||
F. Austin League, Abstract No. 2, Wharton County, Texas: | ||
Beginning at the Northwest Corner of the Lalla Rookh | ||
Plantation; | ||
Thence easterly along the north boundary line of the Lalla | ||
Rookh Plantation a distance of 3,127 feet to a corner; | ||
Thence along a line bearing south 31 degrees 0 minutes west, a | ||
distance of approximately 2,225 feet to an intersection with the | ||
northeast corner of Block 34 of the Oil City Addition; | ||
Thence along a line bearing south 41 degrees 45 minutes west, | ||
a distance of approximately 3,040 feet to a point on the north | ||
boundary line of the William Owens Estate Partition in the Lalla | ||
Rookh Plantation; | ||
Thence along a line bearing north 59 degrees 9 minutes west, a | ||
distance of approximately 4,200 feet to a point on the west boundary | ||
line of the May and Martin Subdivision; | ||
Thence northerly along the west boundary line of the May and | ||
Martin Subdivision, a distance of approximately 2,165 feet to a | ||
point on the south boundary line of the Duncan Addition, Boling, | ||
Texas; | ||
Thence westerly along the south boundary line of the Duncan | ||
Addition, Boling, Texas, a distance of 91.2 feet to the southwest | ||
corner of the Duncan Addition, Boling, Texas; | ||
Thence along a line bearing north 42 degrees 0 minutes east, a | ||
distance of approximately 4,680 feet to a point on the south | ||
boundary line of the R. E. Vineyard Subdivision; | ||
Thence easterly along the south boundary line of the R. E. | ||
Vineyard Subdivision, a distance of approximately 785 feet to the | ||
west boundary line of the Bear Camp Plantation; | ||
Thence southerly along the west boundary line of the Bear | ||
Camp Plantation a distance of approximately 1,585 feet to the | ||
northwest corner of the Lalla Rookh Plantation, the point of | ||
beginning. | ||
SECTION 2.04. Section 2, Chapter 17, Acts of the 56th | ||
Legislature, 1st Called Session, 1959, is amended to read as | ||
follows: | ||
Sec. 2. [ |
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that territory enclosed within the following metes and bounds | ||
description, to wit: | ||
BEGINNING at the NW corner of H & TC Ry Co. Sur. 341, Block | ||
1-A, for the NW Cor. of this District; | ||
THENCE east along the north boundary lines of Secs. 341, 340 | ||
and 339, to the northwest cor. of Sec. 338, H & TC Ry Co. Sur., Block | ||
1-A, same being the northeast cor. of Sec. 339, same Sur.; | ||
THENCE north with the east boundary line of Sec. 334, same | ||
Sur., and the west boundary line of Sec. 335 of said Sur. to the | ||
northwest cor. of said Sec. 335, for cor.; | ||
THENCE east with the north boundary line of Secs. 335 and 336 | ||
of said H & TC Ry Co. Sur., to the northeast cor. of said Sec. 336, | ||
for cor. in the west line of R. E. Douglas Sur. #8; | ||
THENCE north with the west line of said Douglas Sur. to the | ||
southwest cor. of Joe Lindley Sur. #1, for cor.; | ||
THENCE east with south line of said Joe Lindley Sur. to its | ||
northeast cor. in the west line of W. H. Donaghe Sur. #9; | ||
THENCE south, then east, then south, with said boundary line | ||
of said Donaghe Sur. #9 to the south line of Alfred Dorsey Sur. | ||
#474, same being the most southwesterly cor. of said W. H. Donaghe | ||
Sur. #9; | ||
THENCE northeast with the line of said Alfred Dorsey Sur. | ||
#474 to the northeast cor. thereof; | ||
THENCE southeast with the line of said Alfred Dorsey Sur. to | ||
the southeast cor. thereof, same being the northeast cor. of J. A. | ||
Monteith Sur. #1; | ||
THENCE southwest with the line of said Alfred Dorsey Sur. to | ||
the northwest cor. of the M. C. Allen Sur. #1; | ||
THENCE south with the west line of said M. C. Allen Sur. #1 to | ||
the southwest cor. thereof; same being the northwest cor. of H & TC | ||
Ry Sec. 347, Block 1-A; | ||
THENCE east along the lines of said Sec. 347 and J. N. Lindley | ||
Sur. #2, to the northeast cor. of said J. N. Lindley Sur. #2 for cor. | ||
in the west boundary line of the Pedro Martinez Sur. #299; | ||
THENCE southeast with the line of said Martinez Sur. to the | ||
northwest boundary line of J. M. Lindley Sur. #26, the southwest | ||
cor. of said Pedro Martinez Sur.; | ||
THENCE west with the north boundary line of said J. M. Lindley | ||
Sur. #26, to the northeast cor. of J. M. Lindley Sur. #25, and the | ||
northwest cor. of said J. M. Lindley Sur. #26; | ||
THENCE southeast with the westerly lines of the J. M. Lindley | ||
Sur. #26, and the S. K. White Sur. #30, to the southwest cor. of said | ||
S. K. White Sur. in the northeast line of S. K. White Sur. #32; | ||
THENCE northeast with the line of said S. K. White Sur. #30, | ||
and the north line of L. N. Taylor Sur. #6, to the west boundary line | ||
of Runnels County; | ||
THENCE south along the lines of Coke and Runnels Counties, | ||
crossing L. N. Taylor Surs. 6, 5, 4, and 2 to the point where the | ||
south line of said L. N. Taylor Sur. #2 intersects the west boundary | ||
line of Runnels County for cor.; | ||
THENCE west with the south boundary line of said L. N. Taylor | ||
Sur. #2 and the north boundary line of the H. A. Thomson Sur. #3, to | ||
the northwest cor. of the east 1/2 of said H. A. Thomson Sur.; | ||
THENCE south with the west line of the east 1/2 of said H. A. | ||
Thomson Sur. to the southwest cor. of said east 1/2 of said H. A. | ||
Thomson Sur.; | ||
THENCE west with the south line of the west 1/2 of said H. A. | ||
Thomson Sur. and the south line of B. B. B. & C. RR. Co. Sur. to the | ||
southwest cor. of said H. A. Thomson Sur., the northwest cor. of | ||
said R. R. Co. Sur. and being in the east boundary line of L. N. | ||
Taylor Sur. #1; | ||
THENCE south with the east boundary line of said L. N. Taylor | ||
Sur. #1 and the west line of said RR. Co. Sur., and with the west | ||
boundary line of Benjamin B. Carr Sur., and the west boundary line | ||
of I & G. N. Ry. Co. Sur., and the east boundary line of S. F. 8339 to | ||
a point in said lines lying due east from the northeast cor. of J. W. | ||
Jackson Sur. #2 for cor.; | ||
THENCE west pass the northeast cor. of said Jackson Sur., and | ||
along the north boundary line of same and the south boundary line of | ||
M. M. McCutchen Sur. #3, to the northeast cor. of J. N. Sterling | ||
Sur. #9, for cor.; | ||
THENCE south with the west boundary line of said Jackson Sur. | ||
to the southwest cor. thereof in the northeast boundary line of Wm. | ||
L. Coulson Sur. #326; | ||
THENCE northwest with the line of said Wm. L. Coulson Sur. | ||
326, to the northwest cor. thereof; | ||
THENCE southwest along the west boundary line of said Coulson | ||
Sur., and the east boundary line of J. P. Moore Sur. #327, to the | ||
southwest cor. of said Coulson Sur. and the southeast cor. of said | ||
Moore Sur. on the bank of the Colorado River; | ||
THENCE up said River with its meanders along the south | ||
boundary lines of said J. P. Moore Sur. 327 and J. P. Moore Sur. #328 | ||
and the Nicholas Eastland Sur. #29, to the east boundary line of the | ||
KCM&O Railroad Right of Way; | ||
THENCE north with the east boundary line of said Right of Way | ||
to the north boundary line of Nicholas Eastland Sur. 330; | ||
THENCE west with the north boundary line of said Eastland | ||
Sur. #330, crossing said Railroad to the northwest cor. of said | ||
Eastland Sur. 330; | ||
THENCE south with the east line of Nicholas Eastland Sur. | ||
#331, and the west line of said Eastland Sur. 330 to the southeast | ||
cor. of said Eastland Sur. #331, and the southwest cor. of said | ||
Eastland Sur. #330, on the north bank of the Colorado River; | ||
THENCE west along the north bank of said River and the south | ||
lines of said Eastland Sur. #331, and the C&M R. R. Co. Sur. to the | ||
southwest cor. thereof on the north bank of the Colorado River; | ||
THENCE northeast along the east boundary line of the Lee J. | ||
Good Sur. #6, to the south boundary line of H & T.C. Ry Co. Sec. 453, | ||
for cor.; | ||
THENCE west with the south boundary line of said Sec. 453, to | ||
the southwest cor. thereof; | ||
THENCE north with the west lines of said Sec. 453 and Sec. | ||
#450, same Sur. to the southeast cor. of Sec. 432, same Sur., being | ||
the northeast cor. of Sec. 449, same Sur., and the northwest cor. of | ||
Sec. 450, same Sur.; | ||
THENCE west with the south line of Sec. 432, same Sur., and | ||
the north line of Sec. 449, same Sur. to the southwest cor. of said | ||
Sec. 432; | ||
THENCE north with the west line of said Sec. 432 to the | ||
northwest Cor. thereof and the southeast cor. of Sec. 422, same | ||
Sur.; | ||
THENCE west with the south line of said Sec. 422, to the | ||
southwest cor. thereof, same being the northeast cor. of Sec. #434, | ||
same Sur.; | ||
THENCE north along the west lines of Secs. 422 and 399, same | ||
Sur., to the southeast cor. of Sec. 387, same Sur.; | ||
THENCE west with the north boundary line of Sec. 400, same | ||
Sur., to the southwest cor. of Sec. 387, same being the northeast | ||
cor. of Sec. 401, H&TC Ry. Co., Block 1-A, same Sur.; | ||
THENCE north with the west line of said Sec. 387, to the | ||
northwest cor. thereof, being the northeast cor. of Sec. 386, same | ||
Sur.; | ||
THENCE west with the north boundary line of said Sec. 386 and | ||
the south boundary line of Sec. 369, same Sur., to the southwest | ||
cor. of said Sec. 369, the northeast cor. of Sec. 385, H&TC RR. Co. | ||
Sur., Block 1-A: "Same Sur."; | ||
THENCE north, along the west lines of Secs. 369, 354 and 341, | ||
same being the east lines of Secs. 370, 355 and 342, same Sur., H&TC | ||
RR. Co., Block 1-A, to the northwest cor. of said Sec. 341; the | ||
place of beginning. | ||
ARTICLE 3. REPEALERS | ||
SECTION 3.01. The following statutes are repealed: | ||
(1) Chapter 108, Acts of the 59th Legislature, Regular | ||
Session, 1965; | ||
(2) Sections 2 and 3, Chapter 563, Acts of the 63rd | ||
Legislature, Regular Session, 1973; | ||
(3) Chapter 118, Acts of the 63rd Legislature, Regular | ||
Session, 1973; | ||
(4) Chapter 182, Acts of the 60th Legislature, Regular | ||
Session, 1967; | ||
(5) Chapter 638, Acts of the 61st Legislature, Regular | ||
Session, 1969; | ||
(6) Sections 7(b), (c), and (d), Chapter 716, Acts of | ||
the 72nd Legislature, Regular Session, 1991; | ||
(7) Chapter 298, Acts of the 58th Legislature, Regular | ||
Session, 1963; | ||
(8) Sections 2 and 3, Chapter 165, Acts of the 63rd | ||
Legislature, Regular Session, 1973; | ||
(9) Section 2, Chapter 1116, Acts of the 71st | ||
Legislature, Regular Session, 1989; | ||
(10) Chapter 110, Acts of the 58th Legislature, | ||
Regular Session, 1963; | ||
(11) Chapter 658, Acts of the 64th Legislature, | ||
Regular Session, 1975; | ||
(12) Section 2, Chapter 70, Acts of the 72nd | ||
Legislature, Regular Session, 1991; | ||
(13) Chapter 315, Acts of the 58th Legislature, | ||
Regular Session, 1963; | ||
(14) Chapter 6, Acts of the 59th Legislature, Regular | ||
Session, 1965; | ||
(15) Chapter 323, Acts of the 62nd Legislature, | ||
Regular Session, 1971; | ||
(16) Sections 7 and 8, Chapter 1117, Acts of the 70th | ||
Legislature, Regular Session, 1987; | ||
(17) Chapter 511, Acts of the 65th Legislature, | ||
Regular Session, 1977; | ||
(18) Section 2, Chapter 535, Acts of the 66th | ||
Legislature, Regular Session, 1979; | ||
(19) Section 2, Chapter 18, Acts of the 67th | ||
Legislature, Regular Session, 1981; | ||
(20) Chapter 293, Acts of the 60th Legislature, | ||
Regular Session, 1967; and | ||
(21) Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, | ||
14, 15, 16, 17, 18, 19, 20, and 21, Chapter 317, Acts of the 59th | ||
Legislature, Regular Session, 1965. | ||
SECTION 3.02. The following statutes are repealed: | ||
(1) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, | ||
15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26, Chapter 135, Acts | ||
of the 62nd Legislature, Regular Session, 1971; | ||
(2) Chapter 1073, Acts of the 68th Legislature, | ||
Regular Session, 1983; | ||
(3) Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, and | ||
14, Chapter 882, Acts of the 78th Legislature, Regular Session, | ||
2003; | ||
(4) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13, | ||
Chapter 1382, Acts of the 77th Legislature, Regular Session, 2001; | ||
(5) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 696, Acts | ||
of the 62nd Legislature, Regular Session, 1971; | ||
(6) Sections 1, 2, 3, 4(b), 5, 6, 7, and 8, Chapter | ||
947, Acts of the 69th Legislature, Regular Session, 1985; | ||
(7) Sections 1, 2, 3, 4(b), 5, 6, 7, and 8, Chapter | ||
764, Acts of the 69th Legislature, Regular Session, 1985; | ||
(8) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 687, Acts | ||
of the 65th Legislature, Regular Session, 1977; | ||
(9) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 625, Acts | ||
of the 62nd Legislature, Regular Session, 1971; | ||
(10) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 247, | ||
Acts of the 62nd Legislature, Regular Session, 1971; | ||
(11) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 650, | ||
Acts of the 62nd Legislature, Regular Session, 1971; | ||
(12) Sections 1.01, 1.02, 1.04, 1.05, 1.06, 1.07, | ||
1.08, 1.09, 1.10, 1.11, 1.12, and 1.13, Chapter 791, Acts of the | ||
74th Legislature, Regular Session, 1995; | ||
(13) Sections 2.01, 2.02, 2.04, 2.05, 2.06, 2.07, | ||
2.08, 2.09, 2.10, 2.11, 2.12, and 2.13, Chapter 791, Acts of the | ||
74th Legislature, Regular Session, 1995; | ||
(14) Sections 3.01, 3.02, 3.04, 3.05, 3.06, 3.07, | ||
3.08, 3.09, 3.10, 3.11, 3.12, and 3.13, Chapter 791, Acts of the | ||
74th Legislature, Regular Session, 1995; | ||
(15) Sections 4.01, 4.02, 4.04, 4.05, 4.06, 4.07, | ||
4.08, 4.09, 4.10, 4.11, 4.12, and 4.13, Chapter 791, Acts of the | ||
74th Legislature, Regular Session, 1995; | ||
(16) Sections 5.01, 5.02, 5.04, 5.05, 5.06, 5.07, | ||
5.08, 5.09, 5.10, 5.11, 5.12, and 5.13, Chapter 791, Acts of the | ||
74th Legislature, Regular Session, 1995; | ||
(17) Sections 6.01, 6.02, 6.04, 6.05, 6.06, 6.07, | ||
6.08, 6.09, 6.10, 6.11, 6.12, and 6.13, Chapter 791, Acts of the | ||
74th Legislature, Regular Session, 1995; | ||
(18) Sections 7.01, 7.02, 7.04, 7.05, 7.06, 7.07, | ||
7.08, 7.09, 7.10, 7.11, 7.12, and 7.13, Chapter 791, Acts of the | ||
74th Legislature, Regular Session, 1995; | ||
(19) Section 8.01, Chapter 791, Acts of the 74th | ||
Legislature, Regular Session, 1995; | ||
(20) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 662, | ||
Acts of the 62nd Legislature, Regular Session, 1971; | ||
(21) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 689, | ||
Acts of the 62nd Legislature, Regular Session, 1971; | ||
(22) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 668, | ||
Acts of the 62nd Legislature, Regular Session, 1971; | ||
(23) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 669, | ||
Acts of the 62nd Legislature, Regular Session, 1971; | ||
(24) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 630, | ||
Acts of the 62nd Legislature, Regular Session, 1971; | ||
(25) Sections 1, 2, 3, 5, 6, 7, and 8, Chapter 682, | ||
Acts of the 62nd Legislature, Regular Session, 1971; | ||
(26) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, and 12, | ||
Chapter 865, Acts of the 69th Legislature, Regular Session, 1985; | ||
(27) Chapter 63, Acts of the 43rd Legislature, 1st | ||
Called Session, 1933; | ||
(28) Section 2, Chapter 873, Acts of the 71st | ||
Legislature, Regular Session, 1989; | ||
(29) Sections 4 and 5, Chapter 1263, Acts of the 75th | ||
Legislature, Regular Session, 1997; | ||
(30) Sections 2, 3, 4, and 5, Chapter 115, Acts of the | ||
82nd Legislature, Regular Session, 2011; | ||
(31) Chapter 338, General Laws, Acts of the 44th | ||
Legislature, Regular Session, 1935; | ||
(32) Section 14, Article 4, Chapter 484, Acts of the | ||
68th Legislature, Regular Session, 1983; | ||
(33) Sections 3, 4, and 5, Chapter 493, Acts of the | ||
81st Legislature, Regular Session, 2009; | ||
(34) Chapter 1330, Acts of the 77th Legislature, | ||
Regular Session, 2001; | ||
(35) Sections 1, 2, 3, 4(f), 5, 6, 7, 8, 9A, 10, 11, 12, | ||
13, and 14, Chapter 1152, Acts of the 78th Legislature, Regular | ||
Session, 2003; | ||
(36) Chapter 1162, Acts of the 78th Legislature, | ||
Regular Session, 2003; | ||
(37) Section 4, Chapter 893, Acts of the 81st | ||
Legislature, Regular Session, 2009; | ||
(38) Part 7, Article 3, Chapter 966, Acts of the 77th | ||
Legislature, Regular Session, 2001; | ||
(39) Sections 1, 2, 3, 4, 5, 6, 6A, 7, 8, 9, 10, 12, 13, | ||
and 14, Chapter 180, Acts of the 72nd Legislature, Regular Session, | ||
1991; | ||
(40) Chapter 1362, Acts of the 77th Legislature, | ||
Regular Session, 2001; | ||
(41) Section 8, Chapter 521, Acts of the 81st | ||
Legislature, Regular Session, 2009; | ||
(42) Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11, | ||
Chapter 1387, Acts of the 77th Legislature, Regular Session, 2001; | ||
(43) Chapter 1343, Acts of the 77th Legislature, | ||
Regular Session, 2001; | ||
(44) Part 14, Article 3, Chapter 966, Acts of the 77th | ||
Legislature, Regular Session, 2001; | ||
(45) Article 3, Chapter 1307, Acts of the 77th | ||
Legislature, Regular Session, 2001; | ||
(46) Part 15, Article 3, Chapter 966, Acts of the 77th | ||
Legislature, Regular Session, 2001; | ||
(47) Article 4, Chapter 1307, Acts of the 77th | ||
Legislature, Regular Session, 2001; | ||
(48) Chapter 1028, Acts of the 73rd Legislature, | ||
Regular Session, 1993; | ||
(49) Section 7, Chapter 38, Acts of the 77th | ||
Legislature, Regular Session, 2001; | ||
(50) Chapter 384, Acts of the 78th Legislature, | ||
Regular Session, 2003; | ||
(51) Chapter 1473, Acts of the 77th Legislature, | ||
Regular Session, 2001; | ||
(52) Section 3, Chapter 858, Acts of the 79th | ||
Legislature, Regular Session, 2005; | ||
(53) Section 3, Chapter 1088, Acts of the 79th | ||
Legislature, Regular Session, 2005; | ||
(54) Sections 1, 2, 3(b), 4, 5, 6, 7, 8, 9, 10, 11, 12, | ||
13, 14, 15, 16, 17, 18, 19, and 20, Chapter 1312, Acts of the 77th | ||
Legislature, Regular Session, 2001; | ||
(55) Section 2, Chapter 1322, Acts of the 79th | ||
Legislature, Regular Session, 2005; | ||
(56) Sections 3 and 4, Chapter 381, Acts of the 81st | ||
Legislature, Regular Session, 2009; | ||
(57) Sections 1, 3, 4, 5, 5a, 6, 7, 8, 9, 10, 11, 12, | ||
13, 14, and 15, Chapter 18, Acts of the 55th Legislature, 1st Called | ||
Session, 1957; | ||
(58) Section 5, Chapter 300, Acts of the 57th | ||
Legislature, Regular Session, 1961; | ||
(59) Section 2, Chapter 1056, Acts of the 68th | ||
Legislature, Regular Session, 1983; | ||
(60) Sections 2, 2A, 3, 4, 4(a), and 5, Chapter 286, | ||
Acts of the 54th Legislature, Regular Session, 1955; | ||
(61) Section 2, Chapter 143, Acts of the 55th | ||
Legislature, Regular Session, 1957; | ||
(62) Chapter 418, Acts of the 52nd Legislature, | ||
Regular Session, 1951; | ||
(63) Section 2, Chapter 186, Acts of the 58th | ||
Legislature, Regular Session, 1963; | ||
(64) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, | ||
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, Chapter 261, Acts | ||
of the 61st Legislature, Regular Session, 1969; | ||
(65) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, | ||
14, 15, 16, 17, 19, and 20, Chapter 101, Acts of the 58th | ||
Legislature, Regular Session, 1963; | ||
(66) Section 2, Chapter 786, Acts of the 65th | ||
Legislature, Regular Session, 1977; | ||
(67) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, | ||
14, 15, 16, 17, 18, 19, and 20, Chapter 17, Acts of the 56th | ||
Legislature, 1st Called Session, 1959; | ||
(68) Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, | ||
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, Chapter 598, Acts of | ||
the 59th Legislature, Regular Session, 1965; and | ||
(69) Chapter 36, Acts of the 64th Legislature, Regular | ||
Session, 1975. | ||
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, 2015. |