CHAPTER 9030. BURNET COUNTY 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 9030. BURNET COUNTY WATER CONTROL AND

IMPROVEMENT DISTRICT NO. 1

For contingent expiration of this chapter, see Section 9030.004.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9030.001. 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 Burnet County Water Control and

Improvement District No. 1.

(4) "Project" means a program or project authorized by this

chapter or general law, to be undertaken inside or outside the

boundaries of the district, that is necessary to accomplish the

public purposes of the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.002. NATURE OF DISTRICT. The district is a water

control and improvement district in Burnet County created under

and essential to accomplish the purposes of Section 52, Article

III, and Section 59, Article XVI, Texas Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.003. LEGISLATIVE FINDINGS. The legislature finds

that:

(1) all of the land and other property included in the

boundaries of the district will be benefited by the works and

projects that are to be accomplished by the district pursuant to

the powers conferred by Section 52, Article III, and Section 59,

Article XVI, Texas Constitution; and

(2) the district serves a public use and benefit.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.004. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 9030.023 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that:

(A) any debts incurred shall be paid;

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

transferred to Burnet 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, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.005. INITIAL DISTRICT TERRITORY. (a) The district is

initially composed of the territory described by Section 2 of the

Act creating this chapter.

(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 district or the board.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.006. APPLICABILITY OF ADMINISTRATIVE PROVISIONS OF

OTHER LAW; CONFLICT OF LAW. The district shall operate as a

water control and improvement district and comply with the

administrative provisions of Chapter 51, Water Code, except as

otherwise provided by this chapter. The district shall also

comply with Chapter 49, Water Code, to the extent that chapter

does not conflict with Chapter 51 of that code. If there is a

conflict between Chapters 49 and 51, Water Code, Chapter 51

controls.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.007. LIBERAL CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed in conformity with the legislative

findings and purposes stated in this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 9030.025.

Sec. 9030.021. TEMPORARY DIRECTORS. (a) The temporary board is

composed of:

(1) Brian Carlton;

(2) Brandon Myers;

(3) Brent Wicker;

(4) Bob Sewell; and

(5) Brandon Raney.

(b) If a temporary director fails to qualify for office, the

temporary directors who have qualified shall appoint a person to

fill the vacancy. If at any time there are fewer than three

qualified temporary directors, the Texas Commission on

Environmental Quality shall appoint the necessary number of

persons to fill all vacancies on the board.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

As soon as practicable after all the temporary directors have

qualified under Section 49.055, Water Code, the temporary

directors shall meet at a location in the district agreeable to a

majority of the directors. If a location cannot be agreed upon,

the meeting shall be at the Burnet County Courthouse. At the

meeting the temporary directors shall elect officers from among

the temporary directors and conduct any other district business.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

(a) The temporary directors shall hold an election to confirm

the creation of the district and to elect five directors as

provided by Section 49.102, Water Code.

(b) Section 41.001(a), Election Code, does not apply to a

confirmation election held under this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 9030.023 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors and which three shall serve until the second regularly

scheduled election of directors.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9030.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.052. ELECTION OF DIRECTORS. On the uniform election

date in May of each even-numbered year, the appropriate number of

directors shall be elected.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9030.101. WATER CONTROL AND IMPROVEMENT DISTRICT AND

MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has

all of the rights, powers, privileges, authority, functions, and

duties provided by the general law of this state applicable to:

(1) water control and improvement districts, including Chapters

49 and 51, Water Code; and

(2) municipal utility districts, including Chapter 54, Water

Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.102. ROAD PROJECTS. To the extent authorized by

Section 52, Article III, Texas Constitution, the district may

construct, acquire, improve, maintain, or operate macadamized,

graveled, or paved roads, or improvements in aid of those roads.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

Sec. 9030.103. CONTRACT WITH POLITICAL SUBDIVISION FOR WATER OR

SEWER SERVICES. (a) The district may enter into a contract to

allow a political subdivision to provide retail water or sewer

service in the district. The contract may contain terms the

board considers desirable, fair, and advantageous to the

district.

(b) The contract may provide that the district will construct or

acquire and convey to the political subdivision a water supply or

treatment system, a water distribution system, or a sanitary

sewage collection or treatment system, as necessary to provide

water or sewer service in the district.

(c) The district may use bond proceeds or other available

district money to pay for its obligations under, or for services

or facilities provided under, the contract.

(d) If the contract requires the district to make payments from

taxes other than operation and maintenance taxes, the contract is

subject to Section 49.108, Water Code.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9030.151. TAX TO REPAY BONDS. The district may impose a

tax to pay the principal of or interest on bonds or other

obligations issued under Section 9030.201.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.

SUBCHAPTER E. BONDS

Sec. 9030.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

(a) The district may issue bonds or other obligations as

provided by Chapters 49, 51, and 54, Water Code, to finance:

(1) the construction, maintenance, or operation of projects

under Sections 9030.101 and 9030.102; or

(2) the district's contractual obligations under Section

9030.103.

(b) The district may issue bonds or other obligations payable

wholly or partly from ad valorem taxes, impact fees, revenue,

grants, or other district money.

(c) The district may not issue bonds or other obligations

secured wholly or partly by ad valorem taxation to finance

projects authorized by Section 9030.102 unless the issuance is

approved by a vote of a two-thirds majority of the voters of the

district voting at an election called for that purpose.

(d) Bonds or other obligations issued or incurred to finance

projects authorized by Section 9030.101 or 9030.102 or

contractual obligations under Section 9030.103 may not exceed

one-fourth of the assessed value of the real property in the

district.

Added by Acts 2007, 80th Leg., R.S., Ch.

945, Sec. 1, eff. September 1, 2007.