CHAPTER 9031. SMITH ROAD WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF JEFFERSON COUNTY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9031. SMITH ROAD WATER CONTROL AND IMPROVEMENT DISTRICT

NO. 1 OF JEFFERSON COUNTY

For contingent expiration of this chapter, see Section 9031.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9031.001. DEFINITIONS.In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Smith Road Water Control and

Improvement District No. 1 of Jefferson County.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.002. NATURE OF DISTRICT. The district is a water

control and improvement district in Jefferson County created

under and essential to accomplish the purposes of Section 59,

Article XVI, Texas Constitution.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 9031.024 before September 1, 2013:

(1) the district is dissolved September 1, 2013, except that the

district shall:

(A) pay any debts incurred;

(B) transfer to Jefferson County any assets that remain after

the payment of debts; and

(C) maintain the organization of the district until all debts

are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2016.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.004. 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 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 district's organization, existence, or validity;

(2) the district's right to impose taxes;

(3) the validity of the district's bonds, notes, or

indebtedness; or

(4) the board's legality or operation.

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

1143, Sec. 1, eff. September 1, 2009.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Section 9031.026.

Sec. 9031.021. TEMPORARY DIRECTORS. (a) On or after September

1, 2009, a person who owns land in the district may submit a

petition to the Texas Commission on Environmental Quality

requesting that the commission appoint as temporary directors the

five persons named in the petition.

(b) The commission shall appoint as temporary directors the five

persons named in the first petition the commission receives.

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

commission shall appoint a person to fill the vacancy.

(d) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 9031.024; or

(2) the date this chapter expires under Section 9031.003.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.As

soon as practicable after all temporary directors qualify 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 Jefferson County Courthouse. At their initial meeting

the temporary directors shall elect officers from among the

temporary directors and conduct any other district business.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.023. CONSENT OF MUNICIPALITY REQUIRED. The temporary

directors may not hold an election under Section 9031.024 until

each municipality in whose corporate limits or extraterritorial

jurisdiction the district is located, if any, has adopted a

resolution consenting to the district's creation.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.024. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

The temporary directors shall hold an election to confirm the

district's creation and to elect five directors as provided by

Section 49.102, Water Code.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.025. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 9031.024 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors under Section 9031.052 and which three shall serve

until the second regularly scheduled election of directors.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.026. EXPIRATION OF SUBCHAPTER.This subchapter expires

September 1, 2016.

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

1143, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9031.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.052. 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 2009, 81st Leg., R.S., Ch.

1143, Sec. 1, eff. September 1, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9031.101. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND

DUTIES. The district has the powers and duties provided by the

general law of this state, applicable to water control and

improvement districts created under Section 59, Article XVI,

Texas Constitution, including Chapters 49 and 51, Water Code.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.102. ROAD PROJECTS. (a) 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,

inside the district.

(b) A road project must meet or exceed all applicable

construction standards, zoning and subdivision requirements, and

regulatory ordinances of each municipality in whose corporate

limits or extraterritorial jurisdiction the district is located.

If the district is located outside the extraterritorial

jurisdiction of a municipality, a road project must meet or

exceed all applicable construction standards, zoning and

subdivision requirements, and regulatory ordinances of each

county in which the district is located.

(c) The district may not undertake a road project unless each

municipality in whose corporate limits or extraterritorial

jurisdiction the district is located consents by ordinance or

resolution. If a district is located outside the extraterritorial

jurisdiction of a municipality, the district may not undertake a

road project unless each county in which the district is located

consents by ordinance or resolution.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.103. POTABLE WATER SUPPLIER. The district shall

purchase potable water for the district from the West Jefferson

County Municipal Water District or a successor to that supplier

of potable water.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.104. LEVEE AND FLOOD HAZARD MITIGATION POWERS. The

district may purchase, construct, acquire, own, operate,

maintain, improve, or extend, inside or outside the district,

levees, dikes, flood hazard mitigation structures, and any other

improvements or facilities necessary or convenient to accomplish

the levee improvements and flood hazard mitigation purposes of

the district under Chapter 57, Water Code, as authorized by

Section 59, Article XVI, Texas Constitution.

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

1143, Sec. 1, eff. September 1, 2009.

Sec. 9031.105. DIVISION OF DISTRICT. (a) The district may be

divided into two new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) The division procedure is prescribed by Sections 53.030

through 53.041, Water Code. Sections 51.748 through 51.753, Water

Code, do not apply to the district.

(c) Any new district created by the division of the district has

all the powers and duties of the district.

(d) A new district, at the time it is created by the division of

the district, may not contain land outside the area described by

Section 2 of the Act creating this chapter.

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

1143, Sec. 1, eff. September 1, 2009.

For expiration of this section, see Subsection (b).

Sec. 9031.106. LIMITATION ON DISTRICT DISSOLUTION. (a)

Notwithstanding Section 43.0751, Local Government Code, or any

other general law, the district may not be dissolved before

December 31, 2019, unless the dissolution is approved by:

(1) the board; and

(2) the governing body of each municipality in whose corporate

limits or extraterritorial jurisdiction the district is located.

(b) This section expires December 31, 2019.

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

1143, Sec. 1, eff. September 1, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9031.151. TAX TO REPAY BONDS. The district may impose a

tax to pay the principal of or interest on bonds issued under

Section 9031.201.

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

1143, Sec. 1, eff. September 1, 2009.

SUBCHAPTER E. BONDS

Sec. 9031.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

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

provided by Chapters 49, 51, and 57, Water Code, and to finance

the construction, maintenance, or operation of projects under

Sections 9031.101, 9031.102, and 9031.104.

(b) The district may not issue bonds to finance projects

authorized by Section 9031.102 unless the issuance is approved by

a vote of a two-thirds majority of district voters voting at an

election called for that purpose.

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

projects authorized by Section 9031.102 may not exceed one-fourth

of the assessed value of the real property in the district.

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

1143, Sec. 1, eff. September 1, 2009.