CHAPTER 9006. CLEAR CREEK WATERSHED AUTHORITY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9006. CLEAR CREEK WATERSHED AUTHORITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9006.001. DEFINITIONS. In this chapter:

(1) "Authority" means the Clear Creek Watershed Authority.

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

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.002. NATURE OF AUTHORITY. The Clear Creek Watershed

Authority is a conservation and reclamation district created to

control, store, preserve, and distribute storm and flood waters

along Clear Creek and tributaries in Cooke, Denton, Montague, and

Wise Counties, as authorized by Section 59, Article XVI, Texas

Constitution.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The

authority is created to serve a public use and benefit.

(b) All territory and other property included within the

boundaries of the authority will benefit from the projects,

improvements, works, and measures to be constructed and

accomplished by the authority under powers conferred by Section

59, Article XVI, Texas Constitution.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.004. AUTHORITY TERRITORY; EXCLUSION. (a) The

authority is composed of portions of Cooke, Denton, Montague, and

Wise Counties as described by Sections 2 and 2a, Chapter 372,

Acts of the 56th Legislature, Regular Session, 1959 (Article

8280-234, 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.

(b) An error or discrepancy in the field notes of the

authority's boundaries contained in Section 2, Chapter 372, Acts

of the 56th Legislature, Regular Session, 1959 (Article 8280-234,

Vernon's Texas Civil Statutes), does not affect the validity of

the authority or any of its powers.

(c) Territory in the authority that is annexed by a municipality

on or after January 1, 2009, remains in the authority.

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

729, Sec. 1.08, eff. April 1, 2007.

Amended by:

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

878, Sec. 2, eff. June 19, 2009.

Sec. 9006.005. APPLICABILITY OF OTHER LAW. Except as provided

in this chapter, general laws pertaining to water control and

improvement districts govern the authority.

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

729, Sec. 1.08, eff. April 1, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9006.051. COMPOSITION. The board consists of nine

directors.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.052. ELIGIBILITY TO SERVE. A director of the

authority or any subordinate district must be a landowner within

the authority and reside in Cooke, Denton, Montague, or Wise

County. A director who fails to meet the requirements of this

section shall vacate the director's office.

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

729, Sec. 1.08, eff. April 1, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9006.101. GENERAL POWERS. To accomplish a purpose for

which the authority is created, the authority has the powers

conferred by the general laws of this state on water control and

improvement districts, including the power to:

(1) construct, acquire, improve, maintain, or repair a dam or

other structure; and

(2) acquire land, easements, equipment, or other property needed

to use, control, or distribute storm or flood waters that may be

impounded, diverted, or controlled by the authority.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.102. LIMIT ON IMPOUNDING WATER. The authority's right

to impound water is subject to a prior grant or permit issued by

the Texas Commission on Environmental Quality.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.103. RESTRICTION ON EMINENT DOMAIN POWER. The

authority may not exercise the power of eminent domain outside

authority boundaries.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.104. COST OF RELOCATING OR ALTERING PROPERTY. If the

authority in the exercise of the power of eminent domain, the

power of relocation, or any other powers granted under 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

property or facility, or pipeline, the authority or the

subordinate district is solely responsible for the expense of

that necessary action.

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

729, Sec. 1.08, eff. April 1, 2007.

SUBCHAPTER D. FINANCIAL PROVISIONS

Sec. 9006.201. ISSUANCE OF BONDS. To accomplish an authority

purpose and to obtain money necessary to furnish land or

easements or permanent improvements on the land or easements, the

authority may issue and secure bonds as provided by general law

for water control and improvement districts.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.202. PLEDGE OF REVENUE TO PAY BONDS. When the board

selects a plan of taxation, the board may pledge authority

revenue to pay bonds authorized by voters.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.203. USE OF AD VALOREM TAXATION PLAN. The authority

shall use the ad valorem plan of taxation.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.204. PLAN OR METHOD OF TAXATION; HEARING. (a) Except

as provided by Subsection (b), after adopting a plan or method of

taxation, the authority may call a hearing to consider changing

the method of taxation. The authority shall call the hearing in

the same manner used for the hearing to adopt the original plan

of taxation.

(b) Once bonds are approved by the attorney general or district

court, the political subdivision issuing the bonds may not change

its plan of taxation.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.205. MAINTENANCE TAX ELECTION PROCEDURES. (a) A

maintenance tax election shall be called and notice given in the

same manner as provided for a bond election.

(b) This chapter does not prevent the calling of a later

maintenance tax election to establish or increase the amount of

tax if the board determines that a maintenance tax election is

required.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.206. MAINTENANCE TAX RATE. In calling a maintenance

tax election, the board must specify the maximum proposed tax

rate. To impose a maintenance tax at a rate that exceeds the

maximum proposed rate approved by the voters, the board must

submit the question of a tax rate increase to the voters.

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

729, Sec. 1.08, eff. April 1, 2007.

Sec. 9006.207. AUTHORITY PROPERTY NOT SUBJECT TO TAXATION.

Property owned by the authority is exempt from ad valorem taxes

imposed by a county, municipality, school district, or other

entity.

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

729, Sec. 1.08, eff. April 1, 2007.

Amended by:

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

878, Sec. 3, eff. June 19, 2009.