Title SD, Special District Local Laws Code

Sec. 8504.004. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed to effect its purposes. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.04, eff. April 1, 2015. SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS

Sec. 8504.051. MEMBERSHIP OF BOARD. (a) The board consists of nine directors appointed by the governor with the advice and consent of the senate. (b) Each director must be a freehold property taxpayer and a qualified voter of this state. (c) Five directors must reside in Jefferso…

Sec. 8504.052. TERMS. Directors hold office for staggered terms of four years. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.04, eff. April 1, 2015. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1024 (S.B. 2407), Sec. 2, eff. September 1, 2025.

Sec. 8504.053. VACANCY. A vacancy on the board shall be filled for the unexpired term in the same manner as provided for an appointment for a full term. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.04, eff. April 1, 2015.

Sec. 8504.054. OATH AND BOND REQUIREMENT FOR DIRECTORS. (a) A director shall, within 15 days after the date of appointment, qualify by taking the constitutional oath of office and by filing a good and sufficient bond with the secretary of state. (b) The bond is subject to approva…

Sec. 8504.055. COMPENSATION OF DIRECTORS. (a) A director is entitled to receive a fee of office for each day of service approved by a vote of the board and necessary to discharge the director's duties. (b) The board shall set the fee described by Subsection (a) in an amount not g…

Sec. 8504.0555. BOARD PRESIDENT. The governor shall designate a member of the board as the board president to serve in that capacity at the pleasure of the governor. Added by Acts 2025, 89th Leg., R.S., Ch. 1024 (S.B. 2407), Sec. 3, eff. September 1, 2025.

Sec. 8504.056. QUORUM; VOTING REQUIREMENT. (a) Five directors constitute a quorum at any meeting. (b) A concurrence of a majority of the directors present is sufficient in any matter pertaining to authority business. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. …

Sec. 8504.057. GENERAL MANAGER. The board shall employ a general manager at the compensation set by a majority of the board. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.04, eff. April 1, 2015.

Sec. 8504.058. SEPARATION OF POLICYMAKING AND MANAGEMENT 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. Adde…

Sec. 8504.059. REMOVAL. (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 Sections 8504.051(b) and (c); (2) does not maintain during service on the board qualifications required by Sections…

Sec. 8504.060. REQUIRED 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 meeting of the board until the person completes a training program that complies with this section. (…

Sec. 8504.061. 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 2025, 89th Leg., R.S., Ch. 1024 (S.B. …

Sec. 8504.062. COMPLAINTS; DUTY TO RESPOND. (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…

Sec. 8504.101. POWERS UNDER CONSTITUTION AND OTHER LAW. The authority has and is vested with the powers of a conservation and reclamation district under the constitution and other laws of this state, including the powers: (1) expressly authorized by Section 59, Article XVI, Texas…

Sec. 8504.102. POWERS TO ACCOMPLISH PURPOSES FOR WHICH CREATED. The authority has and may exercise the functions, powers, rights, and duties as may permit the authority to accomplish the purposes for which it is created. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), S…

Sec. 8504.103. GENERAL POWERS RELATING TO WORKS AND WATER. (a) The authority may construct, maintain, and operate in the basins, inside or outside the authority, any work considered essential: (1) to the operation of the authority; and (2) for the authority's administration in th…

Sec. 8504.104. ADDITIONAL POWERS RELATING TO PARTICULAR PURPOSES; NOT A LIMITATION. (a) For the conservation and beneficial use of the water of the basins, including storm water and floodwater, the authority may control and use the water in the manner and for the particular purpo…

Sec. 8504.105. POWERS RELATING TO PURCHASE OR CONSTRUCTION OF WORKS OR ACQUISITION OF PROPERTY. The authority may: (1) purchase or construct any work necessary or convenient for the exercise of the authority's powers under this chapter and to accomplish the purposes of this chapt…

Sec. 8504.106. ADDITIONAL POWERS RELATING TO ACQUISITION OR OPERATION OF PROPERTY. (a) In this section, "property" includes: (1) rights, including water rights; and (2) land, tenements, easements, rights-of-way, improvements, reservoirs, dams, canals, laterals, plants, works, and…

Sec. 8504.107. POWERS RELATING TO CONTRACT, LEASE, AGREEMENT, OR CONVEYANCE. (a) In this section, "property" includes land, rights, tenements, easements, improvements, reservoirs, dams, canals, laterals, plants, works, and facilities. (b) The authority may with any person enter i…

Sec. 8504.108. POWERS RELATING TO RECREATIONAL FACILITIES. The authority may acquire land for recreational facilities and may construct, operate, and maintain recreational facilities as provided by general law, provided that money derived from taxation may not be spent in purchas…

Sec. 8504.109. EMINENT DOMAIN. (a) The authority may exercise the power of eminent domain inside or outside the authority to acquire the fee simple title to, or an easement or right-of-way over or through, any private or public land, water, or land under water that is necessary o…

Sec. 8504.110. STATE SUPERVISION AND APPROVAL. The powers and duties conferred on the authority by this chapter, and the adequacy of any plan for flood control or conservation improvement purposes devised by the authority, are subject to such continuing rights of state supervisio…

Sec. 8504.151. DEFINITIONS. In this subchapter: (1) "Canal system" means the canal system and associated properties generally known as the Devers Canal System. (2) "Navigation district" means the Chambers-Liberty Counties Navigation District. Added by Acts 2013, 83rd Leg., R.S., …

Sec. 8504.152. POWERS RELATING TO CANAL SYSTEM. The authority may: (1) acquire, own, operate, maintain, and improve the canal system; and (2) enlarge and extend the canal system east of the Trinity River in Chambers, Liberty, and Jefferson Counties. Added by Acts 2013, 83rd Leg.,…

Sec. 8504.153. POWERS RELATING TO WATER. (a) The authority may own the water rights and appropriate and divert water of this state under the permits and contracts previously owned by and acquired from the Devers Canal Rice Producers Association, Inc. (b) Except as provided by Sec…

Sec. 8504.154. RIGHT OF FIRST REFUSAL FOR CERTAIN WATER CONTRACTS. (a) This section applies only to a contract to sell or provide water: (1) that is for any use other than irrigation in Chambers County outside the authority's boundaries; and (2) that the navigation district had a…

Sec. 8504.201. DEFINITION. In this subchapter, "economic development program" includes a community assistance program, a privatization program, or any other program designed to: (1) encourage economic diversification; (2) maintain or expand employment; (3) train persons; (4) elim…

Sec. 8504.202. LEGISLATIVE FINDINGS. The legislature finds that the economic development programs authorized by this subchapter are a specific public purpose and governmental function of the authority in accordance with: (1) Section 52-a, Article III, Texas Constitution; and (2) …

Sec. 8504.203. AUTHORITY FOR ECONOMIC DEVELOPMENT PROGRAM; PROGRAM AREA. The authority may, in the areas served by the authority, sponsor and participate in an economic development program intended to strengthen the economic base and further the economic development of this state…

Sec. 8504.204. ESTABLISHMENT OF PROGRAM. Each economic development program must be established by formal action of the board. The board shall: (1) establish the goals of the program; (2) impose requirements on persons participating in and receiving the benefits of the program; an…

Sec. 8504.205. PARTICIPATION IN PROGRAM BY OTHER PERSONS. A program under this subchapter may involve grants or loans of money, services, or equipment to a person engaged in an economic development activity, including a public firefighting organization, governmental body, nonprof…

Sec. 8504.206. STAFFING AND FUNDING OF PROGRAM. (a) The authority may employ staff and spend authority resources to further an economic development program under this subchapter, except that the authority may not use money received from an ad valorem tax or a general appropriatio…

Sec. 8504.207. AGREEMENT. The authority and any other public or private person may enter into an agreement with respect to an economic development program. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.04, eff. April 1, 2015.

Sec. 8504.208. GUIDELINES FOR ASSISTANCE TO PUBLIC FIREFIGHTING ORGANIZATIONS. If the authority provides scholarships, grants, loans, or financial assistance to a public firefighting organization, the authority shall adopt guidelines to determine: (1) eligibility for the assistan…

Sec. 8504.209. BOARD DETERMINATION CONCLUSIVE. A determination by the board that a program is intended and expected to carry out the program's stated purposes is conclusive with respect to whether the purposes of this subchapter are satisfied. Added by Acts 2013, 83rd Leg., R.S.,…

Sec. 8504.251. FEES AND CHARGES. (a) The board shall prescribe fees and charges to be collected for the use of water, a water connection, or another service. (b) The fees and charges must be reasonable and equitable and sufficient to produce revenue adequate to pay the items desc…

Sec. 8504.252. TAX OR SPECIAL ASSESSMENT NOT AUTHORIZED BY CHAPTER. This chapter does not authorize the authority to levy a tax or special assessment or to create any debt payable from taxes. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.04, eff. April 1, 2015.…

Sec. 8504.301. GENERAL POWER TO BORROW MONEY. (a) The authority may: (1) borrow money for any corporate purpose from any source; and (2) issue a note, warrant, bond, certificate of indebtedness, or other form of obligation of the authority as evidence of the borrowed money. (b) A…

Sec. 8504.302. COVENANTS FOR MARKETABILITY. (a) As considered necessary to ensure the marketability of obligations issued under this chapter, a resolution or order authorizing issuance may contain covenants with the holders of the obligations as to: (1) the management and operati…

Sec. 8504.303. HOLDER OF OBLIGATION MAY COMPEL PERFORMANCE. (a) A holder of obligations issued under this chapter or of coupons originally attached to the obligations may enforce and compel the board's performance of all duties required by this chapter, including: (1) setting and…

Sec. 8504.304. HOLDER OF OBLIGATION ENTITLED TO ADMINISTRATOR OR RECEIVER. (a) If there is a default in the payment of the principal of or interest on an obligation issued under this chapter, any holder of the obligation is entitled to have a court appoint an administrator or rec…

Sec. 8504.305. ADDITIONAL SECURITY FOR OBLIGATION: MORTGAGE AND ENCUMBRANCE. (a) As additional security for the payment of an obligation issued under this chapter, the board may have executed in favor of the holder of the obligation an indenture mortgaging and encumbering: (1) th…

Sec. 8504.306. SALE UNDER MORTGAGE OR ENCUMBRANCE. (a) Under a sale ordered under a mortgage or encumbrance described by Section 8504.305, a purchaser of the improvements, facilities, and other property at the sale, and the purchaser's successors or assigns, are vested with a per…

Sec. 8504.307. INSURING IMPROVEMENTS AND FACILITIES. (a) The board and the purchaser of an obligation issued under this chapter may enter into an agreement under which the board agrees to: (1) keep all the improvements and facilities, the revenue of which is pledged to the paymen…