CHAPTER 9040. MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9040. MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT

DISTRICT NO. 3

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9040.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the Montgomery County Water Control and

Improvement District No. 3.

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

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

Sec. 9040.002. 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.

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

Sec. 9040.003. 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.

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

Sec. 9040.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary

directors may not hold an election under Section 9040.003 until

each municipality in whose corporate limits or extraterritorial

jurisdiction the district is located has consented by ordinance

or resolution to the creation of the district and to the

inclusion of land in the district.

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

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

Sec. 9040.005. 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 a

water control and improvement district as provided by general law

and Section 59, Article XVI, Texas Constitution.

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

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

Sec. 9040.006. 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.

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

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9040.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors.

(b) Except as provided by Section 9040.052, directors serve

staggered four-year terms.

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

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

Sec. 9040.052. TEMPORARY DIRECTORS. (a) On or after the

effective date of the Act creating this chapter, 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

temporary directors the five persons named in the petition. The

commission shall appoint as temporary directors the five persons

named in the petition.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section

9040.003; 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

9040.003 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

9040.003; 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.

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

SUBCHAPTER C. POWERS AND DUTIES

Sec. 9040.101. 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.

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

Sec. 9040.102. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND

DUTIES. (a) 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.

(b) The powers and duties authorized under Subsection (a) shall

specifically include the powers authorized under Subchapter H,

Chapter 51, Water Code.

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

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

Sec. 9040.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR

RESOLUTION. The district shall comply with all applicable

requirements of any ordinance or resolution that is adopted under

Section 42.042 or 42.0425, Local Government Code, and that

consents to the creation of the district or to the inclusion of

land in the district.

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

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

Sec. 9040.104. 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 a recreational

facility as defined by Section 49.462, Water Code.

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

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

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9040.151. 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 9040.153.

(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.

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

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

Sec. 9040.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 9040.151, 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.

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

Sec. 9040.153. 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.

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

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 9040.201. 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.

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

Sec. 9040.202. 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 Chapter 51, Water Code.

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

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

Sec. 9040.203. BONDS FOR RECREATIONAL FACILITIES. (a) The

district may develop recreational facilities and issue bonds for

the facilities under Chapter 49, Water Code, notwithstanding any

overlap of the district's territory with the territory of one or

more political subdivisions authorized to develop recreational

facilities and issue bonds under Chapter 49, Water Code.

(b) The authority of the district to develop recreational

facilities and issue bonds under this section does not limit the

authority of any other political subdivision whose territory the

territory of the district may overlap, wholly or partly, to

develop recreational facilities and issue bonds under Chapter 49,

Water Code.

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

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