CHAPTER 8283. GREATER TEXOMA UTILITY AUTHORITY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8283. GREATER TEXOMA UTILITY AUTHORITY

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8283.001. DEFINITIONS. In this chapter:

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

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

(3) "Authority" means the Greater Texoma Utility Authority.

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. 8283.002. NATURE OF AUTHORITY. (a) The authority is a

conservation and reclamation district created under Section 59,

Article XVI, Texas Constitution.

(b) The authority is a political subdivision of this 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. 8283.003. 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.

SUBCHAPTER B. AUTHORITY TERRITORY; ANNEXATION

Text of section effective on April 01, 2011

Sec. 8283.051. AUTHORITY TERRITORY. The authority is composed

of the territory that was included in the corporate boundaries of

the cities of Denison and Sherman on May 2, 1979, as that

territory may have been modified under:

(1) Section 2 or 4, Chapter 97, Acts of the 66th Legislature,

Regular Session, 1979;

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

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

(4) other law.

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. 8283.052. ANNEXATION. (a) The authority may annex

territory only as specified by this section.

(b) A municipality, by resolution or ordinance adopted by its

governing body, may request that the territory then included in

its corporate limits be annexed to the authority. On receipt of

the request, the board shall proceed in the manner provided by

Subsections (d) and (e).

(c) Territory that is annexed to a municipality after May 2,

1979, or after annexation of the municipality to the authority

may be annexed to the authority if the board determines the

annexation should be considered and proceeds in the manner

provided by Subsections (d) and (e).

(d) Under the circumstances described by this section, the board

shall call and hold a public hearing to determine if the

territory should be annexed. Notice of the hearing must be

published at least:

(1) once in a newspaper of general circulation in the area of

the authority and the territory proposed to be annexed; and

(2) 10 days before the date set for the hearing.

(e) If at the conclusion of the hearing the board finds that the

annexation would be in the best interest of the territory to be

annexed, the area in the authority, and the inhabitants of both,

it shall enter an order to that effect. The order finally

annexes the territory to the authority.

(f) An action to review the annexation of territory to the

authority may be brought in a district court in the county where

the principal office of the authority is located. An annexation

may be set aside for fraud or abuse of discretion.

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

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

SUBCHAPTER C. BOARD OF DIRECTORS

Text of section effective on April 01, 2011

Sec. 8283.101. COMPOSITION OF BOARD; TERMS. (a) The board

consists of at least six and not more than nine directors

appointed as follows:

(1) three directors appointed by the governing body of the City

of Denison;

(2) three directors appointed by the governing body of the City

of Sherman; and

(3) any directors appointed under Sections 8283.102 and

8283.103.

(b) Except for a director appointed under Section 8283.103, a

director serves a two-year term that begins January 1 following

the director's appointment.

(c) A director's term may not be shortened because of the

annexation of a municipality under Section 8283.102 or 8283.103.

(d) The City of Denison or the City of Sherman by ordinance may

provide for staggered terms for directors it appoints, but the

term of an incumbent may not be shortened or be longer than two

years.

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. 8283.102. APPOINTMENT OF DIRECTORS BY HOME-RULE

MUNICIPALITIES. (a) If a home-rule municipality is annexed, the

governing body of the municipality shall appoint a director whose

term begins January 1 following the annexation.

(b) If more than two home-rule municipalities are annexed, those

municipalities are collectively entitled to appoint two directors

and shall designate their directors by any method agreed to by

those municipalities.

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. 8283.103. APPOINTMENT OF DIRECTORS BY MUNICIPALITIES OTHER

THAN HOME-RULE MUNICIPALITIES. Municipalities, other than

home-rule municipalities, are collectively entitled to appoint

one director and shall designate their director by any method

agreed to by those municipalities.

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. 8283.104. QUALIFICATIONS FOR OFFICE. (a) Each director

must be a qualified voter of the municipality that appoints the

director.

(b) An officer, employee, or member of the governing body of a

municipal corporation may not be a director.

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. 8283.105. BOARD VACANCY. A vacancy in the office of

director shall be filled for the unexpired term, if applicable,

by the governing body of the municipality that appointed the

previous director.

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. 8283.106. REMOVAL FROM OFFICE. (a) Under procedures

adopted by board rule, the board may remove a director from

office only for malfeasance in office.

(b) The procedures must be designed to guarantee due process to

the director.

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. 8283.107. VOTING REQUIREMENT. A majority vote of the board

is required to adopt any measure.

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

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

SUBCHAPTER D. POWERS AND DUTIES

Text of section effective on April 01, 2011

Sec. 8283.151. MUNICIPAL UTILITY DISTRICT POWERS. Except as

otherwise provided by this chapter, the authority has the rights,

powers, privileges, and functions conferred and imposed by the

general law applicable to a municipal utility district created

under Section 59, Article XVI, Texas Constitution, including

those conferred by Chapters 30, 49, 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. 8283.152. ACQUISITION AND USE OF PROPERTY. The authority

may operate, control, purchase, construct, lease, or acquire,

inside or outside the boundaries of the authority, property,

works, facilities, or improvements, whether previously existing

or to be made, constructed, or acquired, that the board finds

necessary to carry out the powers granted by this chapter or

general law.

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. 8283.153. WATER RIGHTS. The authority may acquire,

develop, and use rights to groundwater or surface water.

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. 8283.154. EMINENT DOMAIN. To carry out an authority power

or purpose, the authority, in the manner provided by Chapter 49,

Water Code, may exercise the power of eminent domain to acquire

land, an easement, or other property inside or outside the

authority's boundaries.

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. 8283.155. GENERAL CONTRACT POWERS. (a) The authority may

enter into a contract with a person, including a political

subdivision, on terms the board considers desirable, fair, and

advantageous for:

(1) the purchase or sale of raw or treated water;

(2) the purchase, lease, use, management, control, or operation

of water treatment or distribution facilities or sewer collection

and treatment facilities, all or part of the facilities or

systems owned by the other political subdivision, in accordance

with terms mutually agreed on by the governing bodies of the

contracting parties; or

(3) planning, making preliminary surveys, investigations, or

feasibility reports, engineering, or reports of any kind.

(b) A contract for the acquisition of an existing water or sewer

facility may be made on terms approved by the contracting

parties.

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. 8283.156. WATER, SEWER, SOLID WASTE, OR DRAINAGE CONTRACTS;

ELECTION NOT REQUIRED. The authority and a municipal corporation

or other political subdivision may enter into a water, sewer,

solid waste, or drainage contract or any combination of those

contracts without the necessity of an election by any contracting

party to approve the contract.

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. 8283.157. TREATMENT OF PAYMENTS UNDER CERTAIN MUNICIPAL

CORPORATION CONTRACTS. A payment by a municipal corporation for

the purchase of water or the treatment and disposal of sewage is

a maintenance and operating expense of the utility system or

combined systems of the municipal corporation unless the

contract:

(1) provides for the municipal corporation to acquire an

ownership interest in the facilities; or

(2) makes other provisions.

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. 8283.158. STANDARD SPECIFICATIONS FOR FACILITIES IN GRAYSON

COUNTY. (a) In this section, "commission" means the Texas

Commission on Environmental Quality or its successor.

(b) Subject to Subsection (f), for area in Grayson County, the

authority by order may adopt standard specifications for

facilities designed or constructed to:

(1) store, treat, or transport water for domestic, municipal, or

industrial purposes to ensure that the facilities are adequate in

design to serve the needs of the area's inhabitants;

(2) collect, treat, and dispose of sewage; or

(3) dispose of solid waste.

(c) Before the specifications become final, the board must hold

a public hearing. The board must give notice of the hearing to

the commission and must publish in a newspaper of general

circulation in the area notice of the hearing one time at least

10 days before the date of the hearing so that any interested

party may present evidence for or against a proposed

specification.

(d) An appeal of an order adopting standard specifications may

be made to a district court of Grayson County. The substantial

evidence rule applies to the appeal.

(e) The authority is entitled to seek an injunction against:

(1) the construction of a facility, including an extension to an

existing facility, if the construction does not meet the

authority's standard specifications; or

(2) the operation of a facility if construction has begun and

the facility does not meet those specifications.

(f) A standard specification adopted under this section does not

apply to an area that, on the date the order is adopted, is

located inside the corporate boundaries or the extraterritorial

jurisdiction of a municipality unless approved by the governing

body of the municipality.

(g) The authority shall file the standard specifications with

the commission.

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. 8283.159. TAX PROHIBITION. The authority may not impose a

tax.

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

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

SUBCHAPTER E. BONDS

Text of section effective on April 01, 2011

Sec. 8283.201. REVENUE BONDS. The authority may issue revenue

bonds to carry out any of its powers, functions, or obligations.

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. 8283.202. BONDS FOR CERTAIN FACILITIES. If the authority

operates a facility under contract with a municipal corporation,

it may, if the contract permits the issuance, issue bonds to

improve or extend the facility.

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

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