CHAPTER 7204. ROSE HILL SPECIAL UTILITY DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE C. SPECIAL UTILITY DISTRICTS

CHAPTER 7204. ROSE HILL SPECIAL UTILITY DISTRICT

For contingent expiration of this chapter, see Sec. 7204.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7204.001. DEFINITION. In this chapter, "district" means

the Rose Hill Special Utility District.

Added by Acts 2005, 79th Leg., Ch.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.

Sec. 7204.002. NATURE OF DISTRICT. The district is a special

utility district in Kaufman County created under and essential to

accomplish the purposes of Section 59, Article XVI, Texas

Constitution.

Added by Acts 2005, 79th Leg., Ch.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.

Sec. 7204.003. 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 Kaufman 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.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.

Sec. 7204.004. 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.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.

Sec. 7204.005. 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.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 7204.024

Sec. 7204.021. TEMPORARY DIRECTORS. (a) The temporary board of

directors of the district is composed of:

(1) Stephen Hilborn;

(2) Bill Hobbs;

(3) Homer Norville;

(4) Randy Reznicek; and

(5) Harold Ross.

(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 three

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 7204.022.

Added by Acts 2005, 79th Leg., Ch.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.

Sec. 7204.022. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

(a) The temporary directors shall hold an election to confirm

the creation of the district and to elect five 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.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.

Sec. 7204.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If the

district's creation is confirmed under Section 7204.022, the Rose

Hill 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 Rose Hill

Water Supply Corporation shall commence dissolution proceedings

of the corporation.

(c) On dissolution of the Rose Hill Water Supply Corporation,

Certificate of Convenience and Necessity No. 10849 is considered

to be held by the district.

(d) The board of directors of the Rose Hill 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. 10849 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. 10849 is held

by the district and shall reissue the certificate in the name of

the district without further application or notice.

Added by Acts 2005, 79th Leg., Ch.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.

Sec. 7204.024. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

Added by Acts 2005, 79th Leg., Ch.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 7204.051. DIRECTORS. The district is governed by a board

of not fewer than five and not more than 11 directors.

Added by Acts 2005, 79th Leg., Ch.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 7204.101. 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.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.

Sec. 7204.102. 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, aids to construction fee, and connection fee

charged by the Rose Hill Water Supply Corporation on January 15,

2005, 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.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.

Sec. 7204.103. 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.

1169, Sec. 1, eff. June 18, 2005.

Added by Acts 2005, 79th Leg., Ch.

1361, Sec. 4.01, eff. June 18, 2005.