CHAPTER 6908. LIBERTY LAKES FRESH WATER SUPPLY DISTRICT NO. 1 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE B. FRESH WATER SUPPLY DISTRICTS

CHAPTER 6908. LIBERTY LAKES FRESH WATER SUPPLY DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 6908.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Liberty Lakes Fresh Water Supply

District No. 1.

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

56, Sec. 2, eff. May 19, 2009.

Sec. 6908.002. NATURE OF DISTRICT. The district is a fresh

water supply district created under and essential to accomplish

the purposes of Section 52, Article III, and Section 59, Article

XVI, Texas Constitution.

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

56, Sec. 2, eff. May 19, 2009.

Sec. 6908.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. All land

and other property in the district will benefit from the

improvements and services to be provided by the district.

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

56, Sec. 2, eff. May 19, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 6908.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors.

(b) Directors serve staggered four-year terms.

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

56, Sec. 2, eff. May 19, 2009.

Sec. 6908.052. QUALIFICATIONS. To be qualified to serve as a

director, a person must be:

(1) at least 18 years of age;

(2) a resident of this state; and

(3) an owner of land subject to taxation in the district or a

qualified voter of the district.

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

56, Sec. 2, eff. May 19, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 6908.101. GENERAL POWERS AND DUTIES. The district has the

powers and duties necessary to accomplish the purposes for which

the district is created.

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

56, Sec. 2, eff. May 19, 2009.

Sec. 6908.102. FRESH WATER SUPPLY DISTRICT POWERS AND DUTIES.

The district has the powers and duties provided by the general

law of this state applicable to fresh water supply districts

created under Section 59, Article XVI, Texas Constitution,

including Chapters 49 and 53, Water Code.

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

56, Sec. 2, eff. May 19, 2009.

Sec. 6908.103. AUTHORITY FOR DRAINAGE PROJECTS. The district

may purchase, construct, acquire, own, operate, maintain, repair,

or improve all works, improvements, facilities, plants,

equipment, and appliances necessary to gather, conduct, divert,

and control local stormwater or other local harmful excesses of

water in the district.

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

56, Sec. 2, eff. May 19, 2009.

Sec. 6908.104. DIVISION OF DISTRICT. (a) The district may be

divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) This chapter applies to any new district created by the

division of the district, and a new district has all the powers

and duties of the district.

(c) Any new district created by the division of the district may

not, at the time the new district is created, contain any land

outside the territory of the district as it existed on the date

the district was created.

(d) The board, on its own motion or on receipt of a petition

signed by the owner or owners of a majority of the assessed value

of the real property in the district, may adopt an order dividing

the district.

(e) The board may adopt an order dividing the district before or

after the date the board holds an election to confirm the

district's creation.

(f) An order dividing the district shall:

(1) name each new district;

(2) include the metes and bounds description of the territory of

each new district;

(3) appoint temporary directors for each new district; and

(4) provide for the division of assets and liabilities between

or among the new districts.

(g) On or before the 30th day after the date of adoption of an

order dividing the district, the district shall file the order

with the Texas Commission on Environmental Quality and record the

order in the real property records of each county in which the

district is located.

(h) Any new district created by the division of the district

shall hold a confirmation and directors' election as provided by

Section 49.102, Water Code.

(i) Municipal consent to the creation of the district and to the

inclusion of land in the district acts as municipal consent to

the creation of any new district created by the division of the

district and to the inclusion of land in the new district.

(j) Any new district created by the division of the district

must hold an election as required by this chapter to obtain voter

approval before the district may impose a maintenance tax or

issue bonds payable wholly or partly from ad valorem taxes.

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

56, Sec. 2, eff. May 19, 2009.

Sec. 6908.105. ADDITION OF LAND. Land that is adjacent to the

district may be added to the district in the manner provided by

and in accordance with the requirements of Subchapter J, Chapter

49, Water Code, whether or not the land is located in the same

county.

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

56, Sec. 2, eff. May 19, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 6908.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The

district may issue, without an election, bonds and other

obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 6908.153.

(b) The district must hold an election in the manner provided by

Chapters 49 and 53, Water Code, to obtain voter approval before

the district may impose an ad valorem tax or issue bonds payable

from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem

taxes to finance a road project unless the issuance is approved

by a vote of a two-thirds majority of the district voters voting

at an election held for that purpose.

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

56, Sec. 2, eff. May 19, 2009.

Sec. 6908.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 6908.151, the

district may impose an operation and maintenance tax on taxable

property in the district in accordance with Section 49.107, Water

Code.

(b) The board shall determine the tax rate. The rate may not

exceed the rate approved at the election.

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

56, Sec. 2, eff. May 19, 2009.

Sec. 6908.153. CONTRACT TAXES. (a) In accordance with Section

49.108, Water Code, the district may impose a tax other than an

operation and maintenance tax and use the revenue derived from

the tax to make payments under a contract after the provisions of

the contract have been approved by a majority of the district

voters voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a

provision stating that the contract may be modified or amended by

the board without further voter approval.

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

56, Sec. 2, eff. May 19, 2009.

Sec. 6908.154. TAX ASSESSOR AND COLLECTOR. Sections

53.072-53.075, Water Code, do not apply to the district. The

board may employ or contract with a tax assessor and collector

for the district as provided by Chapter 49, Water Code.

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

56, Sec. 2, eff. May 19, 2009.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 6908.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

The district may issue bonds or other obligations payable wholly

or partly from ad valorem taxes, impact fees, revenue, contract

payments, grants, or other district money, or any combination of

those sources, to pay for any authorized district purpose.

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

56, Sec. 2, eff. May 19, 2009.

Sec. 6908.202. TAXES FOR BONDS. At the time the district issues

bonds payable wholly or partly from ad valorem taxes, the board

shall provide for the annual imposition of a continuing direct ad

valorem tax, without limit as to rate or amount, while all or

part of the bonds are outstanding as required and in the manner

provided by Section 53.188, Water Code.

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

56, Sec. 2, eff. May 19, 2009.

Sec. 6908.203. BONDS FOR ROAD PROJECTS. At the time of

issuance, the total principal amount of bonds or other

obligations issued or incurred to finance road projects and

payable from ad valorem taxes may not exceed one-fourth of the

assessed value of the real property in the district.

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

56, Sec. 2, eff. May 19, 2009.