CHAPTER 11001. ROAD DISTRICT AUTHORITY OF BASTROP COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE X. DISTRICTS WITH COMBINED POWERS

CHAPTER 11001. ROAD DISTRICT AUTHORITY OF BASTROP COUNTY WATER

CONTROL AND IMPROVEMENT DISTRICT NO. 2

Sec. 11001.001. DEFINITIONS. In this chapter:

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

(2) "District" means the Bastrop County Water Control and

Improvement District No. 2.

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

Sec. 11001.002. ROAD DISTRICT POWERS AND DUTIES. (a) The

district has all of the rights, powers, privileges, functions,

responsibilities, and duties that general law grants a road

district created under Section 52, Article III, Texas

Constitution.

(b) The board, within the district's boundaries, may exercise

the powers that the commissioners court of a county may exercise

under Chapter 257, Transportation Code, to the extent that

chapter can be applied.

(c) Repealed by Acts 2005, 79th Leg., Ch. 729, Sec. 2.02, eff.

April 1, 2007.

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

Amended by:

Acts 2005, 79th Leg., Ch.

729, Sec. 2.02, eff. April 1, 2007.

Sec. 11001.003. MASTER PLAN APPROVAL AND ADOPTION. (a) The

district shall adopt a master plan for all road improvements.

(b) The district shall submit the master plan to the governing

bodies of the City of Bastrop and Bastrop County before the plan

is adopted.

(c) The district may not adopt the master plan until the plan is

approved by the governing body of:

(1) the City of Bastrop, for improvements to be made in the

city's jurisdiction; and

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

jurisdiction.

(d) Not later than the 61st day after the date the applicable

governing body receives the master plan, the governing body shall

review the plan and present the district with any proposed

revisions necessary to obtain the governing body's approval of

the plan.

(e) The district shall review proposed plan revisions at a

public hearing held for that purpose.

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

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

Sec. 11001.004. MASTER PLAN CONTENT. The master plan must

include:

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

(A) the proposed improvements; and

(B) how the proposed improvements would connect to other

entities' road and drainage systems; and

(2) a written plan that contains:

(A) general objectives for the proposed improvements;

(B) the sequence of the improvements;

(C) the estimated date of completion of each phase of the

proposed improvements;

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

improvements;

(E) an analysis of the district's projected revenues compared

with the projected costs; and

(F) a proposed timetable for completion of the proposed

improvements.

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

Sec. 11001.005. MASTER PLAN IMPLEMENTATION. The district shall

make all road improvements in accordance with the master plan.

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

Sec. 11001.006. MASTER PLAN ANNUAL HEARING. The district shall

conduct an annual public hearing on revisions to the master plan

to inform the public and provide opportunity for public comment.

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

Sec. 11001.007. MONTHLY CHARGES. (a) The board by resolution

may impose a monthly charge in an amount not to exceed $15 for

each developed or undeveloped lot, tract, or reserve in the

district.

(a-1) The board may not increase the monthly charge for a

developed or undeveloped lot, tract, or reserve in the district

by more than $3 in any calendar year. The board may grant an

exemption to an increase in the monthly charge to the owner of a

lot, tract, or reserve in the district who:

(1) is 65 years of age or older and who uses the lot, tract, or

reserve as a residence; or

(2) has been determined to have a disability by and has written

documentation of the disability from the United States Social

Security Administration or the United States Department of

Veterans Affairs.

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

(1) constructing, maintaining, or repairing public streets or

roadways in the district; or

(2) purchasing equipment necessary to maintain or repair public

streets or roadways in the district.

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

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

purposes; and

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

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

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

790, Sec. 1, eff. June 19, 2009.

Sec. 11001.008. CITY OR COUNTY APPROVAL OF PLANS AND

SPECIFICATIONS. (a) The district shall submit for the approval

of the governing body of the City of Bastrop or Bastrop County,

as appropriate, all road plans and specifications before the

district begins construction.

(b) The plans and specifications are considered approved if the

governing body to which they are presented does not by resolution

disapprove of them before the 22nd day after the date on which

they are presented.

(c) In reviewing plans or specifications for construction in a

subdivision, the City of Bastrop or Bastrop County shall

generally apply, as a minimum standard, the standard the city or

county applied to review similar plans or specifications at the

time the subdivision was created. If the plans or specifications

exceed that minimum standard, the standard for approval shall be

based on good engineering practices related to subjects such as

vehicle and pedestrian safety, soil and terrain variables,

watershed impacts, projected traffic use, and future maintenance

requirements.

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

Sec. 11001.009. INSPECTIONS, SAMPLING, AND TESTING. (a) The

City of Bastrop or Bastrop County may:

(1) perform reasonable inspections, gather and test samples, and

perform other testing; or

(2) require the district or the contractor for the work to

perform reasonable inspections, gather and test samples, and

perform other testing.

(b) The district may include the cost of inspecting, sampling,

and testing in the bid specifications. If the district includes

the costs in the bid specifications, the costs are allowable

charges for spending road money.

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

Sec. 11001.010. CONVEYANCE OF IMPROVEMENTS. (a) The district

shall convey the completed improvements to the City of Bastrop or

Bastrop County as appropriate.

(b) If the improvements comply with the minimum standards the

city or county, as applicable, prescribes for improvements in its

jurisdiction, the city or county shall accept the improvements.

(c) If the jurisdictions of the city and the county overlap, the

more stringent standards apply.

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

Sec. 11001.011. ADDITIONAL POWERS. The district may:

(1) select professional and consultant personnel for

engineering, legal, and other necessary support services;

(2) select and approve work contractors and subcontractors;

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

(4) contract to carry out the improvements provided by the

master plan, including contracting with a professional or

contractor;

(5) supervise the cost-effective use of district money allocated

for permanent improvements; and

(6) approve expenditures for necessary maintenance.

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

Sec. 11001.012. REPORT TO CERTAIN LEGISLATORS. The district

annually shall present a report concerning road district

activities to each state representative and each state senator

who represents the area in the district's jurisdiction. The

report must include:

(1) information regarding the progress of work during the

preceding year;

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

(3) any revisions to the master plan; and

(4) a complete financial statement that lists all funds of the

district and fund balances, expenditures, and interest earnings.

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

Sec. 11001.013. TERMINATION OF ROAD DISTRICT AUTHORITY;

DISTRIBUTION OF DISTRICT MONEY. (a) The road district authority

under this chapter terminates when:

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

and

(2) the City of Bastrop or Bastrop County, as appropriate, has

accepted all road improvements in the district.

(b) On termination of the district's road district authority,

the district shall give any money related to the district's road

district authority that remains in the district's possession or

control to the City of Bastrop or Bastrop County, as appropriate,

for road maintenance in the district. The district shall send the

money to the City of Bastrop or Bastrop County in the proportion

that the number of miles of road improvements by the district

accepted by the city or county bears to the total number of miles

of road improvements by the district accepted by both the city

and the county.

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