Title SD, Special District Local Laws Code

Sec. 8101.051. BOUNDARIES. The authority is in Henderson County and, unless modified as provided by Section 8101.052, by Subchapter J, Chapter 49, Water Code, or by Subchapter O, Chapter 51, Water Code, the boundaries of the authority are coextensive with the corporate limits of …

Sec. 8101.052. ANNEXATIONS OF TERRITORY. (a) The board, as provided by this section, may annex territory the City of Athens annexes. The authority may not annex territory under this section if bonds supported by ad valorem taxes previously voted on remain unissued and unsold. (b)…

Sec. 8101.053. LIMITATION ON ASSUMPTION OF TAX OBLIGATIONS. (a) The authority may not impose on territory the authority annexes under Section 8101.052 a tax obligation the authority incurred before annexation unless: (1) the owners of the land annexed provide written consent for …

Sec. 8101.101. GENERAL POWERS. The board consists of five directors. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.102. ELIGIBILITY TO SERVE. (a) A director must reside in and own taxable property in the authority. (b) A person may not serve as a director if the person is: (1) a member of a governing body of a municipality; or (2) an employee of a municipality. Acts 2003, 78th Leg.,…

Sec. 8101.103. DIRECTORS ELECTION. (a) The board shall issue an order for each directors election stating the time, place, and purpose of the election. (b) Notice of a directors election shall be published in a newspaper of general circulation in the authority's territory one tim…

Sec. 8101.104. BALLOT PROCEDURE FOR CANDIDATES. (a) A person who wants to have the person's name printed on the ballot as a candidate for director must submit a petition to the board secretary requesting that action. (b) The petition must be: (1) signed by at least 50 qualified v…

Sec. 8101.105. APPOINTMENT OF SECRETARY AND TREASURER. The board shall appoint a secretary and a treasurer. The board may combine those offices. The secretary or treasurer is not required to be a director. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.106. VOTE BY BOARD PRESIDENT. The president has the same right to vote as any other director. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.107. DIRECTOR'S AND TREASURER'S BOND. (a) A director shall give bond in the amount of $5,000 for the faithful performance of the director's duties. (b) The treasurer shall give bond in an amount required by the board, conditioned on the treasurer's faithfully accounting…

Sec. 8101.108. COMPENSATION. Unless the board by resolution increases the fee to an amount authorized by Section 49.060, Water Code, each director shall receive a fee not to exceed $10 for attending each board meeting and a fee not to exceed $10 for each day devoted to authority …

Sec. 8101.151. POWERS AND DUTIES. The authority has: (1) all the powers of a governmental agency; and (2) the rights, powers, privileges, and functions that: (A) may be contemplated and implied by Section 59, Article XVI, Texas Constitution; or (B) are conferred by the general la…

Sec. 8101.152. WATER SUPPLY AND DISTRIBUTION. (a) The authority may develop, construct, or purchase dams, reservoirs, and underground or other sources of water. (b) The authority may construct or purchase all works, plants, and other facilities necessary or useful to: (1) provide…

Sec. 8101.153. WASTE SERVICES. To preserve and protect the purity of the waters of the authority and this state and to conserve and reclaim those waters for beneficial use by the inhabitants of the authority, the authority may provide all plants, works, facilities, and appliances…

Sec. 8101.154. EMINENT DOMAIN. (a) The authority may exercise the power of eminent domain to acquire land and easements to carry out any power conferred by this chapter. (b) The authority must exercise the power of eminent domain in the manner provided by Chapter 21, Property Cod…

Sec. 8101.155. COST OF RELOCATING PROPERTY. If the authority, in the exercise of the power of eminent domain, the power of relocation, or any other power granted under this chapter, makes necessary relocating, raising, rerouting, changing the grade of, or altering the constructio…

Sec. 8101.156. CONSTRUCTION OR PURCHASE CONTRACTS. (a) Except as provided by Subsection (e), the authority shall award a construction contract or contract for the purchase of materials, equipment, or supplies requiring an expenditure of more than $2,000 to the lowest and best bid…

Sec. 8101.157. CONTRACTS WITH MUNICIPALITIES AND OTHERS. (a) The authority may contract with municipalities and others for supplying services to them. (b) The authority may contract with any municipality for the rental, lease, or operation of the water production, water supply, a…

Sec. 8101.201. TAX METHOD. The authority shall use the ad valorem plan of taxation. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.202. TAX ASSESSOR AND COLLECTOR. Before issuing bonds payable wholly or partly from ad valorem taxes or imposing ad valorem taxes for any other purpose, the board shall: (1) appoint a tax assessor and collector; (2) provide for taxes to be assessed; and (3) provide for …

Sec. 8101.203. DEPOSITORY. (a) The board shall designate one or more banks to serve as depository for the authority's money. (b) All of the authority's money shall be deposited in the depository bank or banks, except that: (1) money pledged to pay bonds may be deposited with the …

Sec. 8101.251. AUTHORITY TO ISSUE BONDS. (a) The authority may issue bonds to: (1) purchase or otherwise provide works, plants, facilities, or appliances necessary to accomplish the purposes authorized by this chapter; or (2) exercise any other power conferred by this chapter. (b…

Sec. 8101.252. REFUNDING BONDS. (a) The authority may issue refunding bonds to refund outstanding bonds issued under this subchapter and interest on those bonds. (b) Refunding bonds may: (1) be issued to refund bonds of more than series; (2) combine the pledges for the outstandin…

Sec. 8101.253. FORM OF BONDS. (a) An authority bond must: (1) be issued in the name of the authority; (2) be signed by the president; (3) be attested to by the secretary; and (4) have the authority seal impressed on it or a facsimile seal printed on it. (b) At the option of the b…

Sec. 8101.254. MATURITY. Bonds issued under this subchapter must mature within 40 years. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.255. TRUST INDENTURE. The trust indenture may contain provisions prescribed by the board that: (1) provide for the security of the bonds and the operation and preservation of the trust estate; (2) provide for amendment or modification of the trust indenture; (3) provide…

Sec. 8101.256. ELECTION FOR BONDS PAYABLE FROM AD VALOREM TAXES. The authority may not issue bonds payable wholly or partly from ad valorem taxes unless the voters of the authority authorize that issuance at an election held for that purpose in the manner prescribed by Section 49…

Sec. 8101.257. BOND SECURITY; REVENUE; TAXES; ADDITIONAL BONDS. (a) In this section, "net revenue" means the gross revenue of the authority after deducting the amount necessary to pay the cost of maintaining and operating the authority, including its properties. (b) Bonds issued …

Sec. 8101.258. ADDITIONAL SECURITY. (a) Bonds, including refunding bonds, payable partly or wholly from a pledge of revenue authorized by this subchapter may be additionally secured by a mortgage lien on physical properties of the authority and all franchises, easements, water ri…

Sec. 8101.259. CHARGES FOR AUTHORITY SERVICES. The board shall set the rates of compensation for services rendered by the authority so that the authority has enough money to pay the expenses of operating and maintaining the facilities of the authority, to pay bonds as they mature…

Sec. 8101.260. USE OF BOND PROCEEDS. (a) The authority may set aside and use proceeds from bond sales for: (1) the payment of interest expected to accrue during construction and the first year after construction; and (2) a reserve interest and sinking fund. (b) The authority may …

Sec. 8101.261. APPOINTMENT OF RECEIVER. (a) On default or threatened default in the payment of the principal of or interest on bonds issued under this subchapter that are payable wholly or partly from revenue, a court may, on petition of the holders of outstanding bonds, appoint …

Sec. 8101.262. BONDS SECURED BY CONTRACT PROCEEDS; APPROVAL. (a) If bonds issued under this subchapter state that they are secured by a pledge of the proceeds of a contract previously made between the authority and a municipality or other governmental agency, including a district…

Sec. 8101.263. BONDS EXEMPT FROM TAXATION. A bond issued under this subchapter, the transfer of the bond, and income from the bond, including profits made on the sale of the bond, are exempt from taxation in this state. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 8101.264. PROPERTY EXEMPT FROM TAXATION AND ASSESSMENT. Property of the authority is exempt from taxation and assessment. Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.