CHAPTER 9004. SOUTH BUDA WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9004. SOUTH BUDA WATER CONTROL AND IMPROVEMENT DISTRICT

NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9004.001. DEFINITIONS. In this chapter:

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

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

(3) "District" means the South Buda Water Control and

Improvement District No. 1.

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

1323, Sec. 1, eff. June 18, 2005.

Sec. 9004.002. NATURE OF DISTRICT. The district is a water

control and improvement district in Hays County created under and

essential to accomplish the purposes of Section 59, Article XVI,

Texas Constitution.

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

1323, Sec. 1, eff. June 18, 2005.

Sec. 9004.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 9004.021 before September 1, 2010:

(1) the district is dissolved September 1, 2010, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be

transferred to Hays 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, 2013.

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

1323, Sec. 1, eff. June 18, 2005.

Sec. 9004.004. DISTRICT TERRITORY. (a) The district includes

the territory provided by Section 2 of the Act creating this

chapter, as that territory may have been modified under:

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

(2) other law.

(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 impose taxes; or

(3) the legality or operation of the board.

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

1323, Sec. 1, eff. June 18, 2005.

Sec. 9004.005. APPLICABILITY OF OTHER LAW; CONFLICTS OF LAW.

(a) Except as otherwise provided by this chapter, the following

laws apply to the district:

(1) Chapters 30, 49, and 51, including Section 51.331, Water

Code; and

(2) Chapter 441, Transportation Code, applicable to road

utility districts created under Section 52, Article III, Texas

Constitution, to the extent those provisions can apply to the

district.

(b) If a provision of Chapter 441, Transportation Code, relating

to road utility districts, conflicts with this chapter or Chapter

30, 49, or 51, Water Code, this chapter or Chapters 30, 49, and

51, Water Code, prevail.

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

1323, Sec. 1, eff. June 18, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 9004.022

Sec. 9004.021. CONFIRMATION ELECTION. (a) The board shall hold

an election to confirm the validation of the creation of the

district.

(b) The election shall be conducted as provided by Section

49.102, Water Code.

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

1323, Sec. 1, eff. June 18, 2005.

Sec. 9004.022. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2013.

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

1323, Sec. 1, eff. June 18, 2005.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 9004.051. STREET OR SECURITY LIGHTING. The district may

purchase, install, operate, or maintain street lighting or

security lighting within public utility easements or public

rights-of-way in the district.

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

1323, Sec. 1, eff. June 18, 2005.