CHAPTER 9038. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 1 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9038. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9038.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Comal County Water Improvement District

No. 1.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.002. NATURE OF DISTRICT. The district is a water

control and improvement district created under Section 59,

Article XVI, Texas Constitution.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.

The temporary directors shall hold an election to confirm the

creation of the district and to elect five permanent directors as

provided by Section 49.102, Water Code.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT AGREEMENT

REQUIRED. (a) The temporary directors may not hold an election

under Section 9038.003 until each municipality in whose corporate

limits or extraterritorial jurisdiction the district is located

has:

(1) consented by ordinance or resolution to the creation of the

district and to the inclusion of land in the district; and

(2) entered into a development agreement under Section 212.172,

Local Government Code, with the retail public utility owned by

the municipality that addresses water and wastewater issues and

with the owners of land in the district that addresses relevant

issues, including:

(A) the provision of services other than water or wastewater

services to land in the district, including emergency services

and solid waste collection;

(B) traffic and roadway impacts caused by the creation of the

district;

(C) the amount of debt to be issued by the district or any new

district created by the division of the district;

(D) a plan for dividing the district, including the number,

location, and size of any new districts created by the division

of the district;

(E) fire flow; and

(F) a prohibition against a retail public utility, as defined by

Section 13.002, Water Code, other than the retail public utility

owned by the municipality, from providing retail water or

wastewater service to the property in the district or a new

district created by the division of the district.

(b) The development agreement may not contain a provision

prohibited by Section 212.174, Local Government Code, in relation

to the provision of utility service.

(c) A confirmation election held in violation of this section is

void.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) The

district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of:

(1) a water control and improvement district as provided by

general law and Section 59, Article XVI, Texas Constitution; and

(2) Section 52, Article III, Texas Constitution, that relate to

the construction, acquisition, improvement, operation, or

maintenance of macadamized, graveled, or paved roads, or

improvements, including storm drainage, in aid of those roads.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.006. 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 the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes for which

the district is created or to pay the principal of and interest

on a bond;

(3) right to impose a tax; or

(4) legality or operation.

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

584, Sec. 1, eff. June 19, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9038.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors.

(b) Except as provided by Section 9038.052, directors serve

staggered four-year terms.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.052. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) Donnie Shaw;

(2) Bob Shemwell;

(3) Joe Dawson;

(4) Dick Nevitt; and

(5) Robert Whitley.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section

9038.003; or

(2) the fourth anniversary of the effective date of the Act

creating this chapter.

(c) If permanent directors have not been elected under Section

9038.003 and the terms of the temporary directors have expired,

successor temporary directors shall be appointed or reappointed

as provided by Subsection (d) to serve terms that expire on the

earlier of:

(1) the date permanent directors are elected under Section

9038.003; or

(2) the fourth anniversary of the date of the appointment or

reappointment.

(d) If Subsection (c) applies, the owner or owners of a majority

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

submit a petition to the Texas Commission on Environmental

Quality requesting that the commission appoint as successor

temporary directors the five persons named in the petition. The

commission shall appoint as successor temporary directors the

five persons named in the petition.

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

584, Sec. 1, eff. June 19, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9038.101. GENERAL POWERS AND DUTIES. The district has the

powers and duties necessary to accomplish the purposes for which

the district is created.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.102. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND

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

general law of this state, including Chapters 49 and 51, Water

Code, applicable to water control and improvement districts

created under Section 59, Article XVI, Texas Constitution, and

including powers relating to sanitary sewer.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52,

Article III, Texas Constitution, the district may design,

acquire, construct, finance, issue bonds for, improve, operate,

maintain, and convey to this state, a county, or a municipality

for operation and maintenance macadamized, graveled, or paved

roads, or improvements, including storm drainage, in aid of those

roads.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road

project must meet all applicable construction standards, zoning

and subdivision requirements, and regulations of each

municipality in whose corporate limits or extraterritorial

jurisdiction the road project is located.

(b) If a road project is not located in the corporate limits or

extraterritorial jurisdiction of a municipality, the road project

must meet all applicable construction standards, subdivision

requirements, and regulations of each county in which the road

project is located.

(c) If the state will maintain and operate the road, the Texas

Transportation Commission must approve the plans and

specifications of the road project.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.105. WATER AND WASTEWATER INFRASTRUCTURE. (a) The

district may not construct a water or wastewater facility unless

any municipality in whose corporate limits or extraterritorial

jurisdiction the facility is located at the time of construction

has approved the plans and specifications of the facility.

(b) On completion of a water or wastewater facility described in

a development agreement between the district and a municipality,

the district shall convey the facility to the municipality or to

the retail public utility owned by the municipality, free of all

liens, claims, or encumbrances, in the form and manner acceptable

to the municipality or retail public utility.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR

RESOLUTION AND DEVELOPMENT AGREEMENT. (a) The district shall

comply with all applicable requirements of any ordinance or

resolution that is adopted under Section 42.042, Local Government

Code, and that consents to the creation of the district or to the

inclusion of land in the district.

(b) Notwithstanding other law, a municipality may place a

condition or restriction on the creation of the district or

inclusion of land in the district that is:

(1) expressly permitted by Sections 54.016(e) and (i), Water

Code; or

(2) contained in the development agreement entered into under

Section 212.172, Local Government Code, and this chapter.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.107. LIMITATION ON USE OF EMINENT DOMAIN. The

district may not exercise the power of eminent domain outside the

district to acquire a site or easement for:

(1) a road project authorized by Section 9038.103; or

(2) a recreational facility as defined by Section 49.462, Water

Code.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.108. DIVISION OF DISTRICT. (a) The district may be

divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) This chapter applies to any new district created by the

division of the district, and a new district has all the powers

and duties of the district.

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

not, at the time the new district is created, contain any land

outside the area described by Section 2 of the Act creating this

chapter.

(d) The board, on its own motion or on receipt of a petition

signed by the owner or owners of a majority of the assessed value

of the real property in the district, may adopt an order dividing

the district.

(e) The board may adopt an order dividing the district before or

after the date the board holds an election under Section 9038.003

to confirm the district's creation.

(f) An order dividing the district shall:

(1) name each new district;

(2) include the metes and bounds description of the territory of

each new district;

(3) appoint temporary directors for each new district; and

(4) provide for the division of assets and liabilities between

or among the new districts.

(g) On or before the 30th day after the date of adoption of an

order dividing the district, the district shall file the order

with the Texas Commission on Environmental Quality and record the

order in the real property records of each county in which the

district is located.

(h) Any new district created by the division of the district

shall hold a confirmation and directors' election as required by

Section 9038.003.

(i) Municipal consent to the creation of the district and to the

inclusion of land in the district granted under Section 9038.004

acts as municipal consent to the creation of any new district

created by the division of the district and to the inclusion of

land in the new district.

(j) Any new district created by the division of the district

must hold an election as required by this chapter to obtain voter

approval before the district may impose a maintenance tax or

issue bonds payable wholly or partly from ad valorem taxes.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.109. LIMITATION ON ANNEXATION OF LAND BY DISTRICT.

The district or any new district created by the division of the

district may not annex land outside the area described by Section

2 of the Act creating this chapter without the consent of each

municipality in whose corporate limits or extraterritorial

jurisdiction any of the land in the area described by Section 2

of the Act creating this chapter is located.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT. For

the purposes of Section 43.021(2), Local Government Code, or

other law, including a municipal charter or ordinance relating

to annexation, an area adjacent to the district or any new

district created by the division of the district is considered

adjacent to a municipality in whose corporate limits or

extraterritorial jurisdiction any of the land in the area

described by Section 2 of the Act creating this chapter is

located.

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

584, Sec. 1, eff. June 19, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9038.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The

district may issue, without an election, bonds and other

obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 9038.153.

(b) The district must hold an election in the manner provided by

Chapters 49 and 51, Water Code, to obtain voter approval before

the district may impose an ad valorem tax or issue bonds payable

from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem

taxes to finance a road project unless the issuance is approved

by a vote of a two-thirds majority of the district voters voting

at an election held for that purpose.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 9038.151, the

district may impose an operation and maintenance tax on taxable

property in the district in accordance with Section 49.107, Water

Code.

(b) The board shall determine the tax rate. The rate may not

exceed the rate approved at the election.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.153. CONTRACT TAXES. (a) In accordance with Section

49.108, Water Code, the district may impose a tax other than an

operation and maintenance tax and use the revenue derived from

the tax to make payments under a contract after the provisions of

the contract have been approved by a majority of the district

voters voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a

provision stating that the contract may be modified or amended by

the board without further voter approval.

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

584, Sec. 1, eff. June 19, 2009.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 9038.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

The district may issue bonds or other obligations payable wholly

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

payments, grants, or other district money, or any combination of

those sources, to pay for any authorized district purpose.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.202. TAXES FOR BONDS. At the time the district issues

bonds payable wholly or partly from ad valorem taxes, the board

shall provide for the annual imposition of a continuing direct ad

valorem tax, without limit as to rate or amount, while all or

part of the bonds are outstanding as required and in the manner

provided by Section 51.433, Water Code.

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

584, Sec. 1, eff. June 19, 2009.

Sec. 9038.203. BONDS FOR ROAD PROJECTS. At the time of

issuance, the total principal amount of bonds or other

obligations issued or incurred to finance road projects and

payable from ad valorem taxes 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.

584, Sec. 1, eff. June 19, 2009.