CHAPTER 8273. EL PASO COUNTY TORNILLO WATER IMPROVEMENT DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8273. EL PASO COUNTY TORNILLO WATER IMPROVEMENT DISTRICT

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8273.001. DEFINITIONS. In this chapter:

(1) "Authority" means the El Paso County Tornillo Water

Improvement District.

(2) "Board" means the board of directors of the authority.

(3) "Director" means a member of the board.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.002. NATURE OF AUTHORITY. The authority is a

conservation and reclamation district in El Paso County created

under Section 59, Article XVI, Texas Constitution.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The

authority is created to serve a public use and benefit.

(b) All land and other property included in the boundaries of

the authority will benefit from the works and projects

accomplished by the authority under the powers conferred by

Section 59, Article XVI, Texas Constitution.

(c) The creation of the authority is essential to accomplish the

purposes of Section 59, Article XVI, Texas Constitution.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.004. AUTHORITY TERRITORY. (a) The authority is

composed of the territory described by Section 3, Chapter 916,

Acts of the 70th Legislature, Regular Session, 1987, as that

territory may have been modified under:

(1) Subchapter H, Chapter 54, Water Code;

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

(3) other law.

(b) The boundaries and field notes of the authority form a

closure. A mistake in the field notes or in copying the field

notes in the legislative process does not affect:

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

(2) the authority's right to impose a tax; or

(3) the legality or operation of the authority or its governing

body.

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

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER B. BOARD OF DIRECTORS

Text of section effective on April 01, 2011

Sec. 8273.051. COMPOSITION OF BOARD; TERMS. (a) The authority

is governed by a board of seven directors elected to numbered

places.

(b) Directors serve staggered terms.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.052. DIRECTOR'S BOND. Each director shall execute a

bond for $5,000 payable to the authority and conditioned on the

faithful performance of the director's duties.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.053. OFFICIAL BOARD ACTIONS. The affirmative vote of

a majority of the directors is required for any official board

action.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.054. COMPENSATION. Unless the board by resolution

increases the fee to an amount authorized by Section 49.060,

Water Code, the authority may provide that each director is

entitled to receive $20 for each day of service necessary to

discharge the director's duties.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.055. CHANGING METHOD OF ELECTING DIRECTORS. If the

board determines that it is in the best interest of the residents

of the authority to change the method by which directors are

elected, the board may adopt any plan of redistricting, including

a plan based on equal geographical areas.

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

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER C. POWERS AND DUTIES

Text of section effective on April 01, 2011

Sec. 8273.101. GENERAL POWERS. The authority may perform any

act consistent with the powers granted by this chapter.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.102. MUNICIPAL UTILITY DISTRICT POWERS. The authority

has the rights, powers, privileges, and functions conferred by

the general law applicable to a municipal utility district

created under Section 59, Article XVI, Texas Constitution,

including Chapters 49, 50, and 54, Water Code.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.103. PERMITS; WATER SUPPLY ACQUISITION. The authority

may:

(1) acquire water appropriation permits, construction

permits, and other permits directly from the Texas Commission on

Environmental Quality or from owners of permits;

(2) acquire water or a water supply from any person, including a

public agency, this state, or the United States;

(3) contract with one or more substantial users of water to

acquire the water supply on an agreed allocation of storage space

between the authority and the user; or

(4) contract independently for the authority's water supply.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.104. DOMESTIC, INDUSTRIAL, OR COMMUNAL WASTE. The

authority may collect, transport, process, dispose of, and

control all domestic, industrial, or communal waste, whether in

fluid, solid, or composite state.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.105. WATER CONSERVATION PROGRAM. (a) In this

section, "program of water conservation" means the practices,

techniques, and technologies that will reduce water consumption,

reduce water loss or waste, improve efficiency in water use, or

increase water recycling and reuse so that a water supply is

available for future uses.

(b) The authority shall adopt and implement a program of water

conservation consistent with rules and criteria adopted and

enforced by the Texas Commission on Environmental Quality for

similarly situated districts in the region.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.106. ADDITIONAL POWERS. The authority may purchase,

construct, acquire, own, lease, operate, maintain, repair,

improve, and extend, inside or outside the authority's

boundaries, land or an interest in land, any work, improvement,

facility, plant, equipment, or appliance incident, helpful, or

necessary to provide for:

(1) the control, storage, preservation, transmission, treatment,

and distribution and use of storm water, floodwater, the water of

rivers and streams, and groundwater for municipal, domestic,

industrial, and other beneficial uses; and

(2) the collection, transportation, processing, disposition, and

control of domestic, industrial, or commercial waste.

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

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8273.107. CONSTRUCTION CONTRACTS. (a) The authority may

award a construction contract that requires an expenditure of

more than $12,500 only after publication of notice to bidders

once each week for two consecutive weeks immediately before

awarding the contract.

(b) The notice must be published in a newspaper with general

circulation in the authority, as designated by the board.

(c) The notice must state:

(1) the time and place for opening the bids;

(2) the general nature of the work to be done or the material,

equipment, or supplies to be purchased; and

(3) the terms on which copies of the plans and specifications

may be obtained.

(d) The authority is not required to advertise work to be

performed in an emergency.

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

1139, Sec. 1.04, eff. April 1, 2011.