Title SD, Special District Local Laws Code

Sec. 11010.005. METHOD OF ADDING SPONSORS. (a) The governing body of a local government or a private entity, including a water supply corporation, may petition the board to add that local government or private entity as a sponsor. (b) A petition under Subsection (a) must be submi…

Sec. 11010.006. METHOD OF REMOVING SPONSORS. (a) The governing body of a local government or private entity that is a sponsor of the authority may petition the board to be removed from the authority as a sponsor. (b) A petition under Subsection (a) must be submitted in the manner…

Sec. 11010.007. REAPPORTIONMENT OF DIRECTORS. After the addition or removal of a sponsor under this subchapter, the board by rule shall reapportion the directors of the authority among the sponsors in accordance with Section 11010.051(c)(2). The board may increase or decrease the…

Sec. 11010.008. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed to effect its purposes. Added by Acts 2017, 85th Leg., R.S., Ch. 806 (S.B. 1198), Sec. 2, eff. June 15, 2017. SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 11010.051. DIRECTORS. (a) The authority is governed by a board of directors consisting of at least 7 and not more than 17 members. (b) The board is responsible for the management, operation, and control of the authority. (c) The board by rule shall: (1) establish the number …

Sec. 11010.052. ELIGIBILITY TO SERVE AS DIRECTOR. (a) To be eligible to serve as a director, a person must be: (1) at least 18 years of age; and (2) a resident of the territory located in the authority or an employee of a sponsor. (b) A director who also serves on the governing b…

Sec. 11010.053. APPOINTMENT OF DIRECTORS. (a) Each sponsor is entitled to appoint at least one director. (b) Each director must be appointed by the governing body of a sponsor in accordance with the rules adopted under Section 11010.051 that govern the apportionment of directors …

Sec. 11010.054. TERMS OF OFFICE. (a) Directors serve staggered three-year terms, with one-third or as near as possible to one-third of the members' terms expiring April 30 of each year. (b) A director's term begins on May 1 of the year the director is appointed. (c) A director ma…

Sec. 11010.055. REMOVAL OF DIRECTOR. A sponsor that appoints a director may remove the director from office at any time, with or without cause. Added by Acts 2017, 85th Leg., R.S., Ch. 806 (S.B. 1198), Sec. 2, eff. June 15, 2017.

Sec. 11010.056. BOARD VACANCY. If there is a vacancy on the board, the governing body of the sponsor that appointed the director who vacated the office shall appoint a director to serve the remainder of the term. Added by Acts 2017, 85th Leg., R.S., Ch. 806 (S.B. 1198), Sec. 2, e…

Sec. 11010.057. VOTING AUTHORITY. Each director is entitled to one vote on any issue before the board. Added by Acts 2017, 85th Leg., R.S., Ch. 806 (S.B. 1198), Sec. 2, eff. June 15, 2017.

Sec. 11010.058. OFFICERS. At the first meeting of the board after May 1 of each year, the board shall elect officers for the authority, including a chair, vice chair, secretary, and treasurer. Added by Acts 2017, 85th Leg., R.S., Ch. 806 (S.B. 1198), Sec. 2, eff. June 15, 2017.

Sec. 11010.059. MEETINGS AND ACTIONS OF BOARD; QUORUM. (a) The board may meet as many times each year as the board considers appropriate. (b) A majority of the membership of the board constitutes a quorum at a meeting of the board. (c) A concurrence of a majority of the directors…

Sec. 11010.101. GENERAL POWERS AND DUTIES. (a) The authority may: (1) acquire, purchase, own, hold, lease, construct, improve, and maintain a reservoir, groundwater well, or other source of water supply, including: (A) groundwater, surface water, and wastewater reused directly or…

Sec. 11010.102. AUTHORITY POLICIES, RULES, AND BYLAWS. The authority may adopt and enforce policies, rules, and bylaws reasonably required to implement this chapter, including rules governing procedures before the board and rules regarding implementation, enforcement, and any oth…

Sec. 11010.103. EMINENT DOMAIN. (a) The authority may exercise the power of eminent domain to acquire a fee simple or other interest in property if the interest is necessary for the authority to exercise the rights or authority conferred by this chapter. (b) The authority shall e…

Sec. 11010.104. WATER CONSERVATION OR DROUGHT CONTINGENCY PLANS. The authority by rule may develop, prepare, revise, adopt, implement, enforce, and manage water conservation or drought contingency plans for the authority or any portion of the authority. Added by Acts 2017, 85th L…

Sec. 11010.105. SPONSOR CONVEYANCES AND ACQUISITIONS. (a) In this section, "utility system" has the meaning assigned by Section 1502.001, Government Code. (b) A sponsor may convey a utility system facility or asset or the sponsor's interest in a utility system facility or asset t…

Sec. 11010.106. CONTRACTS. (a) The authority may contract with any person to carry out a power authorized by this chapter. (b) A person who enters into a contract with the authority may pledge to the payment of the contract any source of revenue that may be available to the perso…

Sec. 11010.107. COOPERATIVE CONTRACTS. The authority may enter into an interlocal contract with a local government under Chapter 791, Government Code, to carry out a power of the authority. Added by Acts 2017, 85th Leg., R.S., Ch. 806 (S.B. 1198), Sec. 2, eff. June 15, 2017.

Sec. 11010.108. RATES AND FEES. (a) The authority shall establish rates and fees to be assessed against sponsors and customers of the authority. The rates and fees may be established by classes of customers, by project, or by area of service. (b) A sponsor, local government, wate…

Sec. 11010.151. AD VALOREM TAXES PROHIBITED. The authority may not impose an ad valorem tax. Added by Acts 2017, 85th Leg., R.S., Ch. 806 (S.B. 1198), Sec. 2, eff. June 15, 2017.

Sec. 11010.152. GIFTS, GRANTS, LOANS, AND OTHER FUNDS. The authority may apply for, accept, receive, and administer gifts, grants, loans, and other funds available from any source. Added by Acts 2017, 85th Leg., R.S., Ch. 806 (S.B. 1198), Sec. 2, eff. June 15, 2017. SUBCHAPTER E.…

Sec. 11010.201. REVENUE BONDS, NOTES, AND OTHER OBLIGATIONS. (a) In addition to bonds, notes, and other obligations that the authority is authorized to issue under other law, to accomplish the purposes of the authority, the authority may issue bonds, notes, or other obligations p…

Sec. 11010.202. ELECTION NOT REQUIRED. The authority is not required to hold an election to approve the issuance of revenue bonds or notes or of other obligations under this subchapter. Added by Acts 2017, 85th Leg., R.S., Ch. 806 (S.B. 1198), Sec. 2, eff. June 15, 2017.

Sec. 11010.203. USE OF REVENUE AND GROWTH PROJECTIONS. For the purposes of attorney general review and approval and in lieu of any other manner of demonstrating the ability to pay debt service and satisfy any other pecuniary obligations relating to bonds, notes, or other obligati…

Sec. 11010.204. REFUNDING BONDS. The authority may issue refunding bonds, notes, and other obligations to refund any of its bonds, notes, or other obligations in any manner provided by law, including Chapter 1207, Government Code. Added by Acts 2017, 85th Leg., R.S., Ch. 806 (S.B…

Sec. 11010.205. BONDS, NOTES, AND OTHER OBLIGATIONS EXEMPT FROM TAXATION. A bond, note, or other obligation issued under this chapter, a transaction related to the bond, note, or other obligation, the interest on the bond, note, or other obligation, and the profit from the sale o…