CHAPTER 7502. LAKE PROCTOR IRRIGATION AUTHORITY OF COMANCHE COUNTY, TEXAS - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE D. IRRIGATION DISTRICTS

CHAPTER 7502. LAKE PROCTOR IRRIGATION AUTHORITY

OF COMANCHE COUNTY, TEXAS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7502.001. DEFINITIONS. In this chapter:

(1) "Authority" means the Lake Proctor Irrigation Authority of

Comanche County, Texas.

(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.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.002. NATURE OF AUTHORITY; POLITICAL SUBDIVISION. The

Lake Proctor Irrigation Authority of Comanche County, Texas, is:

(1) a conservation and reclamation district under Section 59,

Article XVI, Texas Constitution; and

(2) a political subdivision of this state.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.003. LEGISLATIVE FINDINGS. The legislature finds

that:

(1) this chapter will accomplish the purposes of Section 59,

Article XVI, Texas Constitution;

(2) all land and other property included in the authority's

boundaries will benefit from the works, projects, and operations

of the authority; and

(3) the authority serves a public use and benefit.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.004. AUTHORITY BOUNDARIES. (a) The authority is

composed of the territory described by Section 4(a), Chapter 522,

Acts of the 71st Legislature, Regular Session, 1989, as that

territory may have been modified under:

(1) Subchapter N, Chapter 58, Water Code;

(2) Subchapter J, Chapter 49, Water Code; or

(3) other law.

(b) The legislature finds that the boundaries of the authority

form a closure. If any mistake exists in the description of the

authority's boundaries, the mistake does not affect:

(1) the authority's organization, existence, or validity; or

(2) the exercise of a power, function, or purpose by the

authority under this chapter.

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

729, Sec. 1.05, eff. April 1, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 7502.051. COMPOSITION. The board consists of five

directors.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.052. QUALIFICATIONS. A director must:

(1) be at least 18 years of age; and

(2) own land, or an interest in land in the authority, directly

or as an interest in an entity owning that land at the time of

the person's appointment as a director.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.053. APPOINTMENT OF DIRECTORS BY COMMISSION; TERM.

The commission shall:

(1) appoint a person recommended to the board under Section

7502.054 or 7502.055 for a four-year term; or

(2) reject the person recommended.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.054. RECOMMENDATION BY LANDOWNERS. (a) The board

shall seek recommendations from the landowners in the authority

for the appointment of directors. The board shall take a

recommendation for each director whose term expires in January

following the annual board meeting held in odd-numbered years.

(b) To determine a recommendation, the board shall conduct a

written poll of the landowners in the authority in attendance at

the annual board meeting held in odd-numbered years.

(c) For each recommendation taken, a landowner is entitled to

one vote for each acre of land the person owns in the authority.

Cumulative voting for recommendations is not permitted.

(d) The board shall submit to the Texas Commission on

Environmental Quality the name of the person receiving the most

votes for each recommendation taken.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.055. RECOMMENDATION OF DIRECTOR FOLLOWING REJECTION BY

COMMISSION. (a) If the commission rejects a recommendation

submitted by the board, the board shall hold a special meeting of

landowners not later than the 20th day after the date notice of

the meeting is mailed to the landowners in the authority.

(b) At the special meeting, the board shall conduct a written

poll and submit the results of the poll to the commission in the

same manner as the poll conducted at the annual meeting.

(c) The board shall hold subsequent special meetings as needed

for the appointment of the appropriate number of directors.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.056. VACANCIES. A vacancy on the board is filled for

the remainder of the unexpired term by appointment by:

(1) the remaining directors, if three or more directors remain

on the board; or

(2) the Texas Commission on Environmental Quality, if fewer than

three directors remain on the board.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.057. COMPENSATION. 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 $50 for each day

spent performing official duties as a director, not to exceed

$200 per month.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.058. REGULAR BOARD MEETINGS. The board shall hold

regular meetings at least annually.

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

729, Sec. 1.05, eff. April 1, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 7502.101. GENERAL RIGHTS, POWERS, PRIVILEGES, FUNCTIONS,

AND DUTIES. The authority has the rights, powers, privileges,

functions, and duties provided by general law, including Chapter

58, Water Code, applicable to irrigation districts.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.102. GENERAL POWERS OF BOARD. The board shall provide

for:

(1) the proper execution of all contracts, disbursements, and

transfers;

(2) the investment of money; and

(3) the handling of any other matter authorized by the board and

recorded in the official minutes of the authority.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.103. AWARD OF CERTAIN CONTRACTS. (a) The authority

may award a contract for more than $25,000 for the construction

of water system improvements or the purchase of materials and

machinery only after publishing notice of the proposed

construction or purchase contract in a newspaper of general

circulation in Comanche County.

(b) Notice under Subsection (a) must be published once a week

for two consecutive weeks, with the first publication occurring

at least 14 days before the date sealed bids are opened.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.104. EXCLUSION OF LAND. (a) If the authority has no

outstanding bonds, the board may exclude land or other property

from the authority under Subchapter J, Chapter 49, Water Code.

(b) The board may require a petitioner for exclusion to:

(1) pay the authority:

(A) the fair market value of submains, lateral lines, surface

lines, and emitters located on land disannexed from the

authority; and

(B) the actual cost of disconnecting submains, lateral lines,

surface lines, and emitters located on land disannexed from the

authority; and

(2) provide, without charge, an easement across the excluded

land if, in the opinion of the board, the easement is necessary

for the authority to continue to serve other property in the

authority effectively and efficiently.

(c) For purposes of Subsection (b), the fair market value must

be determined by an independent appraisal unless the fair market

value is mutually agreed on.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.105. FAILURE TO REPAIR OR IMPROVE. (a) If the board

finds that the failure or refusal of a landowner receiving water

from the authority to make repairs or improvements to any of the

landowner's water lines connected to the authority's water system

adversely affects the system, the board may:

(1) discontinue service to the land; or

(2) give notice to the landowner that the board will make

necessary repairs or improvements and demand payment from the

landowner for the costs incurred unless the landowner makes the

repairs or improvements not later than the 10th day after the

date the landowner receives the notice.

(b) If the board discontinues service to the land, the authority

shall immediately give notice to the landowner.

(c) The notice and the 10-day period for the landowner to make

repairs or improvements under Subsection (a)(2) does not apply if

there is an urgent necessity to make the repairs or improvements

immediately to protect and conserve the authority's water supply.

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

729, Sec. 1.05, eff. April 1, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 7502.151. USE OF BOND PROCEEDS FROM PREVIOUS DISTRICT. The

authority may use any bond or bond retirement funds not canceled

under Section 3, Chapter 522, Acts of the 71st Legislature,

Regular Session, 1989, for any lawful purpose.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.152. AD VALOREM TAXES PROHIBITED. The authority may

not impose an ad valorem tax.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.153. ASSESSMENTS FOR COSTS AND EXPENSES. (a) Before

October 1 of each year, or as soon after that date as

practicable, the board shall:

(1) estimate the total costs and expenses to be incurred by the

authority during the ensuing fiscal year for the proper

maintenance and operation of the authority's facilities,

including any necessary reserves and replacement funds; and

(2) impose assessments to provide money to pay those costs and

expenses.

(b) The board, in its discretion, shall determine the costs and

expenses that will be paid by:

(1) an assessment on all of the land in the authority on a per

acre basis; and

(2) an assessment on a prorated basis on all persons who use or

apply to use the authority's water.

(c) The board shall:

(1) determine the time at which payment of an assessment is due;

(2) provide a penalty for late payment;

(3) provide for collection charges and termination of water

service for delinquent accounts;

(4) allow an assessment to be paid in periodic installments;

(5) allow a reasonable discount for lump-sum payment of an

assessment; and

(6) adopt any other rules regarding assessments and use of the

authority's water the board determines necessary for proper and

efficient operation and maintenance of the authority's

facilities.

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

729, Sec. 1.05, eff. April 1, 2007.

SUBCHAPTER E. BONDS

Sec. 7502.201. AUTHORITY TO ISSUE REVENUE BONDS. The board may

issue revenue bonds of the authority.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.202. PURPOSE OF BONDS. Bonds sold under this

subchapter must be for the purpose of:

(1) constructing improvements, additions, and extensions to the

authority's water system and rebuilding, replacing, or protecting

the water system as required to provide efficient service;

(2) acquiring necessary sites and easements; and

(3) paying any incidental costs, professional fees, and costs of

issuance of the bonds.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.203. SECURITY FOR REVENUE BONDS. (a) The principal

of and interest on revenue bonds issued under this subchapter and

the redemption price of the bonds must be secured by and payable

solely from a pledge of all or any part of designated revenue

resulting from the operations of the authority's water system.

(b) The board additionally may secure revenue bonds issued under

this subchapter by a deed of trust or mortgage lien on all or

part of the physical facilities of the authority as provided by

Section 54.504, Water Code.

(c) The holders of revenue bonds issued under this subchapter

may not demand payment from money raised or to be raised from

taxation.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.204. MATURITY OF BONDS. Revenue bonds issued under

this subchapter may be issued to mature within 30 years after the

date of issuance.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.205. CAPITALIZED INTEREST AND DISCOUNT ON BONDS. (a)

Capitalized interest on bonds issued under this subchapter may

not exceed two years.

(b) A discount on bonds issued under this subchapter may not

exceed five percent of the par value of the bonds.

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

729, Sec. 1.05, eff. April 1, 2007.

Sec. 7502.206. VALIDATION OF BONDS. The board may file suit to

validate bonds in the manner provided by Section 58.453, Water

Code.

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

729, Sec. 1.05, eff. April 1, 2007.