CHAPTER 7202. PARKER COUNTY SPECIAL UTILITY DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODETITLE 6. WATER AND WASTEWATERSUBTITLE C. SPECIAL UTILITY DISTRICTSCHAPTER 7202. PARKER COUNTY SPECIAL UTILITY DISTRICTFor contingent expiration of this chapter, see Sec. 7202.003.SUBCHAPTER A. GENERAL PROVISIONSSec. 7202.001. DEFINITION. In this chapter, "district" means the Parker County Special Utility District.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.

Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 770, Sec. 1Sec. 7202.002. NATURE OF DISTRICT. The district is a special utility district in Parker and Palo Pinto Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.

Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 895, Sec. 1Sec. 7202.002. NATURE OF DISTRICT. The district is a special utility district in Parker County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.

Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 770, Sec. 1Sec. 7202.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation and initial directors' election held before September 1, 2007:(1) the district is dissolved on September 1, 2007, except that:(A) any debts incurred shall be paid;(B) any assets that remain after the payment of debts shall be transferred to Parker or Palo Pinto County as appropriate; and(C) the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and(2) this chapter expires September 1, 2010.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.

Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 895, Sec. 1Sec. 7202.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation and initial directors' election held before September 1, 2007:(1) the district is dissolved on September 1, 2007, except that:(A) any debts of the district incurred shall be paid;(B) any assets of the district that remain after the payment of debts shall be transferred to Parker County; and(C) the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and(2) this chapter expires September 1, 2010.

Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.

Sec. 7202.004. APPLICABILITY OF OTHER SPECIAL UTILITY DISTRICT LAW. Except as otherwise provided by this chapter, Chapters 49 and 65, Water Code, apply to the district.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.

Sec. 7202.005. DISTRICT SUPERVISION. The rights, powers, privileges, authority, functions, and duties of the district are subject to the continuing right of supervision of the state to be exercised by and through the Texas Commission on Environmental Quality.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.

Sec. 7202.006. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.(b) The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect:(1) the organization, existence, or validity of the district;(2) the right of the district to issue any type of bond, including a refunding bond, for a purpose for which the district is created or to pay the principal of and interest on a bond; or(3) the legality or operation of the district or the board of directors of the district.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.

SUBCHAPTER A-1. TEMPORARY PROVISIONSFor expiration of this subchapter, see Sec. 7202.024Sec. 7202.021. TEMPORARY DIRECTORS. (a) The temporary board of directors of the district is composed of:(1) Jennifer Edwards;(2) Bob Elder;(3) James Estes;(4) Bonnie Finch;(5) Mike Hooten;(6) Skip Queen; and(7) George Wootten.(b) Each temporary director shall qualify for office as provided by Section 49.055, Water Code.(c) If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy. If at any time there are fewer than four qualified temporary directors, the Texas Commission on Environmental Quality shall appoint the necessary number of directors to fill all vacancies on the board.(d) Temporary directors serve until initial directors are elected under Section 7202.022.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.

Sec. 7202.022. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) The temporary directors shall hold an election to confirm the creation of the district and to elect seven initial directors in accordance with Chapters 49 and 65, Water Code, on or before September 1, 2007.(b) The temporary board of directors shall determine the method for determining the initial term of each person on the initial board of directors. The terms must be clearly stated on the ballot for the confirmation and directors' election.(c) Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.(d) Initial directors serve until the first regularly scheduled election of directors under Subchapter C, Chapter 65, Water Code.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.

Sec. 7202.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If the district's creation is confirmed under Section 7202.022, the Parker County Water Supply Corporation shall transfer the assets, debts, and contractual rights and obligations of the corporation to the district.(b) Not later than the 30th day after the date of the transfer under Subsection (a), the board of directors of the Parker County Water Supply Corporation shall commence dissolution proceedings of the corporation.(c) On dissolution of the Parker County Water Supply Corporation, Certificate of Convenience and Necessity No. 12313 is considered to be held by the district.(d) The board of directors of the Parker County Water Supply Corporation shall notify the Texas Commission on Environmental Quality of the dissolution of the corporation and of the transfer of Certificate of Convenience and Necessity No. 12313 to the district.(e) On receipt of notice under Subsection (d), the Texas Commission on Environmental Quality shall note in its records that Certificate of Convenience and Necessity No. 12313 is held by the district and shall re-issue the certificate in the name of the district without further application or notice.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.

Sec. 7202.024. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2010.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.

SUBCHAPTER B. BOARD OF DIRECTORSSec. 7202.051. DIRECTORS: TERM OF OFFICE. (a) The district is governed by a board of not fewer than five and not more than 11 directors.(b) A member of the board of directors of the district serves a three-year term of office and may serve consecutive terms.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.

SUBCHAPTER C. POWERS AND DUTIESSec. 7202.101. GENERAL POWERS. Except as otherwise provided by this subchapter, the district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapters 49 and 65, Water Code, applicable to special utility districts created under Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.

Sec. 7202.102. WATER SERVICE IMPACT FEE. (a) The district may charge a water service impact fee that is equal to the sum of the equity buy-in fee and connection fee charged by the Parker County Water Supply Corporation on November 1, 2004, under that corporation's tariff.(b) Chapter 395, Local Government Code, does not apply to the initial water service impact fee set under this section.(c) The district may increase the water service impact fee only as provided by Chapter 395, Local Government Code, or as approved by the Texas Commission on Environmental Quality.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.

Sec. 7202.103. EMINENT DOMAIN. (a) Except as provided by Subsection (b), the district has all the authority under Chapters 49 and 65, Water Code, of a special utility district to acquire by condemnation any land, easement, or other property located inside or outside the boundaries of the district for any district project or purpose.(b) The district may not exercise the power of eminent domain to condemn, for sanitary sewer purposes, land, easements, or other property located outside the boundaries of the district.

Added by Acts 2005, 79th Leg., Ch. 770, Sec. 1, eff. June 17, 2005.Added by Acts 2005, 79th Leg., Ch. 895, Sec. 1, eff. June 17, 2005.