CHAPTER 9003. AQUILLA-HACKBERRY CREEK CONSERVATION DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9003. AQUILLA-HACKBERRY CREEK CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9003.001. DEFINITIONS. In this chapter:

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

(2) "District" means the Aquilla-Hackberry Creek Conservation

District.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.002. NATURE OF DISTRICT. The district is a

conservation and reclamation district and a political subdivision

created under Section 59, Article XVI, Texas Constitution.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.003. LEGISLATIVE DECLARATION AND FINDINGS. (a) The

legislature declares that:

(1) the district is essential to accomplish the purposes of

Section 59, Article XVI, Texas Constitution; and

(2) this chapter addresses a subject in which the state and

general public are interested.

(b) The legislature finds that:

(1) all land included in the district will be benefited; and

(2) the district is created to serve a public use and benefit.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.004. DISTRICT TERRITORY. The district is composed of

the territory described by Section 3, Chapter 183, Acts of the

56th Legislature, Regular Session, 1959 (Article 8280-222,

Vernon's Texas Civil Statutes), as that territory may have been

modified under:

(1) Subchapter O, Chapter 51, Water Code, before September 1,

1995;

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

(3) other law.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.005. LIBERAL CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed to accomplish its purposes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER B. ADMINISTRATION

Sec. 9003.051. BOARD. The board consists of five directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.052. QUALIFICATIONS FOR OFFICE. A director of the

district must be:

(1) at least 21 years of age;

(2) a resident of the state; and

(3) the owner of taxable property in the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.053. BOND. Each director shall make bond in the

amount of $5,000 for the faithful performance of the director's

duties.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.054. ORDER FOR DIRECTORS ELECTION. The election order

for a directors election shall state the time, place, and purpose

of the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.055. NOTICE OF ELECTION. Notice of the directors

election shall be published two times in a newspaper of general

circulation in the district at least 30 days before the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.056. ELECTION RESULTS. (a) The candidate receiving

the highest number of votes for a position shall be declared

elected as a director of the district.

(b) The board shall enter an order declaring the results of the

election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.057. PETITION. (a) Any candidate for director may

have the candidate's name printed on the ballot by submitting a

petition signed by at least 25 persons qualified to vote at the

election.

(b) The petition must be presented to the secretary of the board

not later than the 21st day before the date of the election.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.058. COMPENSATION. (a) Unless the board by

resolution increases the fee to an amount authorized by Section

49.060, Water Code, a director is entitled to receive an amount

determined by the board, not to exceed $40 a day, for:

(1) each day the director attends a meeting of the board; or

(2) each day the director otherwise devotes to the business of

the district.

(b) A director is entitled to reimbursement for actual expenses

incurred in attending to district business, provided the service

and expense are expressly approved by the board.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.059. APPOINTMENT OF SECRETARY AND TREASURER. The

board shall appoint a secretary and a treasurer. The board may

combine the offices of secretary and treasurer. The secretary or

treasurer is not required to be a director.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.060. VOTE BY BOARD PRESIDENT. The president has the

same right to vote as any other director.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.061. EMPLOYEES. The board may employ a general

manager, attorneys, accountants, engineers, or other technical or

nontechnical employees or assistants and set the amount and

manner of their compensation.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.062. DISTRICT SEAL. The board may adopt a seal for

the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9003.101. GENERAL POWERS. (a) The district has all the

rights, powers, and privileges granted water control and

improvement districts by:

(1) Chapter 51, Water Code; and

(2) other laws relating to water control and improvement

districts.

(b) Repealed by Acts 2005, 79th Leg., Ch. 729, Sec. 2.02, eff.

April 1, 2007.

(c) In addition to powers granted the district under other law,

the district has the power to:

(1) control, store, conserve, protect, distribute, and use the

storm and flood waters in the district for all useful purposes

permitted by law;

(2) implement flood prevention and control measures in the

district and prevent or aid in preventing damage to district

lands and the soil and fertility of those lands;

(3) receive and accept technical and financial assistance from

other districts or state agencies or from the United States to

accomplish district purposes; and

(4) purchase, construct, maintain, or in any other manner

acquire, provide, and develop all works, facilities,

improvements, lands, easements, and properties that may be

necessary or useful in fulfilling any purpose of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Amended by:

Acts 2005, 79th Leg., Ch.

729, Sec. 2.02, eff. April 1, 2007.

Sec. 9003.102. SURVEYS; ENGINEERING INVESTIGATIONS. The board

may conduct or provide for surveys and engineering investigations

for district purposes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.103. EXPENDITURES. The board may provide for the

payment of expenditures considered essential to the proper

maintenance of the district and its business.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.104. LIMITATION ON EMINENT DOMAIN. The district's

powers of eminent domain are limited to Hill and McLennan

counties.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.105. COST OF RELOCATING PROPERTY. If the district's

exercise of eminent domain or of another power granted by this

chapter makes necessary relocating, raising, rerouting, changing

the grade of, or altering the construction of any highway,

railroad, electric transmission line, telephone or telegraph

properties and facilities, or pipeline, all the necessary

relocating, raising, rerouting, changing of grade, or alteration

of construction shall be accomplished at the sole expense of the

district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER D. TAXES AND BONDS

Sec. 9003.151. AUTHORITY TO IMPOSE TAX; TAX ELECTIONS. (a) If

authorized at an election under Section 49.107, Water Code, the

district may impose annual ad valorem taxes to provide funds:

(1) necessary to construct or acquire, maintain, and operate

works, plants, and facilities considered essential or beneficial

to the district and its purposes; or

(2) adequate to defray the cost of the maintenance, operation,

and administration of the district.

(b) Elections for the imposition of taxes shall be:

(1) ordered by the board; and

(2) held and conducted in the manner provided by general law

relating to elections for the authorization of bonds of water

control and improvement districts.

(c) In calling an election for taxes authorized by Subsection

(a), the board shall specify the maximum tax rate. A tax in

excess of that amount may not be imposed without submitting the

question of the increased rate to the voters.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.152. TAX LIEN. All taxes imposed by the district for

any purpose constitute a lien on the property taxed. Limitation

does not bar the enforcement or collection of those taxes.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.153. ISSUANCE OF BONDS. (a) To accomplish district

purposes, the board may borrow money and issue bonds in the

manner provided by general law.

(b) In the resolution authorizing the bonds, the district may

set aside an amount from the bond proceeds for:

(1) the payment of interest expected to accrue during

construction; and

(2) a reserve interest and sinking fund.

(c) Bond proceeds may be used to pay all expenses necessarily

incurred in accomplishing district purposes, including the

expenses of issuing and selling the bonds.

(d) Pending the use of bond proceeds for the purpose for which

the bonds were issued, the board may invest the proceeds in

obligations of or guaranteed by the United States.

(e) Bonds payable wholly from the district's net revenue, from

the proceeds of any water contracts, or from any source other

than ad valorem taxes may be issued pursuant to a board

resolution without a hearing or election. The resolution must be

authorized by unanimous vote of all directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 9003.154. TAX STATUS OF BONDS. All bonds issued by the

district, the transfer of the bonds, and the income from the

bonds, including profits from the sale of the bonds, may not be

taxed by the state or by any municipal corporation, county, or

other political subdivision or taxing district of the state.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.