Title SD, Special District Local Laws Code

Sec. 8502.004. POWERS. (a) The authority may exercise, in addition to all the general powers vested by the constitution and statutes in a governmental agency and body politic and corporate for the greatest practicable measure of conservation and beneficial utilization of storm wa…

Sec. 8502.005. LIMITATION OF AUTHORITY; STATE SUPERVISION. The powers and duties granted to the authority by this chapter are subject to all legislative declarations of public policy in the maximum utilization of the storm waters, floodwaters, and unappropriated flow waters of th…

Sec. 8502.006. DAMS AND RESERVOIRS; WATER SUPPLY CONTRACTS. (a) The authority may construct, acquire, equip, acquire storage rights at, and operate dams and reservoirs that, in the opinion of the board, are useful in carrying out the powers conferred on the authority by this chap…

Sec. 8502.007. PRIORITY OF RIGHTS. This chapter does not change any existing priority of right under the laws of this state to the use of waters of this state, including any rights of municipalities that maintain and use storage structures in the bed of the Brazos River or its tr…

Sec. 8502.008. BOND PROVISIONS. (a) Bonds may be: (1) sold for cash, at public or private sale, and at the price the board determines; (2) issued on the terms the board determines in exchange for property of any kind, real, personal, or mixed, or any interest in property, that th…

Sec. 8502.009. BOARD OF DIRECTORS; BONDS; QUORUM; OFFICERS. (a) The board consists of 21 members. Members of the board and their successors serve staggered terms of six years and until their successors are designated and have qualified. The terms of seven members of the board exp…

Sec. 8502.0091. GROUNDS FOR REMOVAL OF DIRECTORS. (a) It is a ground for removal from the board that a director: (1) does not have at the time of taking office the qualifications required by Section 8502.009; (2) does not maintain during service on the board the qualifications re…

Sec. 8502.0092. DIRECTOR TRAINING. (a) A person who is appointed to and qualifies for office as a director may not vote, deliberate, or be counted as a director in attendance at a board meeting until the person completes a training program that complies with this section. (b) The…

Sec. 8502.0093. POLICIES TO SEPARATE POLICY-MAKING AND STAFF FUNCTIONS. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the general manager and the staff of the authority. …

Sec. 8502.0094. COMPLAINTS. (a) The authority shall maintain a system to promptly and efficiently act on complaints filed with the authority. The authority shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of …

Sec. 8502.0095. PUBLIC TESTIMONY. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the authority. Added by Acts 2021, 87th Leg., R.S., Ch. 664 (H.B. …

Sec. 8502.010. CREATION OF MASTER DISTRICT; WATER CONTROL AND IMPROVEMENT DISTRICT. A master district is created having all the powers, duties, and functions, and subject to applicable and practicable procedures for those districts, to accomplish the purposes of this chapter, as …

Sec. 8502.011. BOND ELECTION REQUIRED. The authority may not issue bonds or incur any form of continuing obligation or indebtedness payable from ad valorem taxes for purposes of effecting improvements comprehended in the plan of organization and administration of the authority, o…

Sec. 8502.012. ADDITIONAL POWERS AND DUTIES. (a) The authority is a district and a river authority as defined by Chapter 30, Water Code. All the provisions of Chapter 30, Water Code, are applicable to the authority. (b) As used in this section: (1) "Person" means any individual, …

Sec. 8502.013. DISPOSITION OF PROPERTY. (a) Nothing in this chapter shall be construed as authorizing the authority, and it is not authorized, to mortgage or otherwise encumber any of its property of any kind, real, personal, or mixed, or any interest in property, or to acquire a…

Sec. 8502.0132. SALE OF CAPTIVE PROPERTY AT POSSUM KINGDOM LAKE. (a) In this section: (1) "Adjacent Land" means the real property owned by the applicable Offeree that is adjacent to the applicable Captive Property To Be Sold. (2) "Captive Property To Be Sold" means those portions…

Sec. 8502.0133. SALE OF AUTHORITY PROPERTY ON AND ASSOCIATED WITH COSTELLO ISLAND. (a) In this section: (1) "Boat landing" means a 0.841 acre tract of land, more or less, located above the 1000' contour line as defined in Subdivision (8), described in authority records as Tract C…

Sec. 8502.014. ACQUISITION OF PROPERTY; EMINENT DOMAIN. (a) The authority may acquire by purchase, lease, or gift or in any other manner and may maintain, use, and operate property of any kind, real, personal, or mixed, or any interest in property, within or outside the boundarie…

Sec. 8502.015. CONTRACTS, GRANTS, AND LOANS. (a) The board may negotiate and contract with the federal government or with any of its agencies for grants, loans, and advancements from the United States for the furtherance of any purpose set forth in this chapter. (b) The authority…

Sec. 8502.016. RULES. The board may make all necessary rules for the government and control of the authority not inconsistent with the constitution and laws of the state. Added by Acts 2003, 78th Leg., ch. 996, Sec. 1, eff. Sept. 1, 2003. Renumbered from Water Code, Section 221.0…

Sec. 8502.017. USE OF BRAZOS RIVER AND TRIBUTARIES. In the prosecution of the plans for which the authority has been created for the storing, controlling, conserving, and distributing for useful purposes of the storm waters, floodwaters, and unappropriated flow waters of the Braz…

Sec. 8502.018. DEFAULT PROCEDURES. (a) A resolution authorizing the issuance of bonds and any indenture or agreement entered into under the resolution may include provisions regarding a default on the: (1) payment of the interest on any bonds as the interest becomes due and payab…

Sec. 8502.019. LIMITED LIABILITY FOR AQUATIC HERBICIDE APPLICATION. (a) In this section, "commercially licensed aquatic herbicide applicator" means a person who holds a commercial applicator license issued by the Department of Agriculture under Chapter 76, Agriculture Code, that …

Sec. 8502.020. SALE OF AUTHORITY PROPERTY. (a) Definitions. In this section: (1) "Authority Land" means the FERC Project Area and all other real property owned by the Authority at the Lake as of the date before Closing, save and except for the Leased Tract. (2) "Buffer Zone" mean…