Title SD, Special District Local Laws Code

Sec. 8509.0005. CORRECTION OF INVALID PROCEDURES. If a court holds that any procedure under this chapter violates the Texas Constitution or the United States Constitution, the board by resolution may provide an alternative procedure that conforms with the constitution. Added by A…

Sec. 8509.0051. ANNEXATION OF TERRITORY. (a) Territory, whether or not contiguous to the district, may be annexed to the district in the manner provided by this section. (b) The board may annex territory or a municipality under this section only if a petition requesting annexatio…

Sec. 8509.0052. WITHDRAWAL FROM OR DISSOLUTION OF DISTRICT. (a) A county or municipality may withdraw from the district or the district may dissolve according to this section. (b) To withdraw from the district or to dissolve the district, the governing body of a member entity mus…

Sec. 8509.0101. COMPOSITION OF BOARD; TERMS. (a) Four directors are appointed by the commissioners court of each county contained in the district, except for Hutchinson County, and one director is appointed by the city council of the City of Stinnett. (b) Directors serve staggere…

Sec. 8509.0102. QUALIFICATIONS FOR OFFICE. (a) A person may be appointed a director by the commissioners court of a county only if the person resides in and owns taxable property in the county from which the person is appointed. (b) A person may be appointed director by the city …

Sec. 8509.0103. REMOVAL. Not earlier than the 10th day after the date a director receives written notice of a charge against the director, and after an opportunity to be heard in person or through the appearance of counsel at a public hearing on the matter of the charge described…

Sec. 8509.0104. VACANCY. (a) If a director appointed by the commissioners court of a county ceases to reside in the county or otherwise ceases to serve as a director, the commissioners court of that county shall appoint a director to fill the vacancy for the unexpired term. (b) I…

Sec. 8509.0105. OFFICERS. (a) The board shall elect from the board's membership a president, a vice president, and any other officers as the board determines necessary. The president is the district's chief executive officer and the board's presiding officer. Except as provided b…

Sec. 8509.0106. VOTE BY BOARD PRESIDENT. The president has the same right to vote as any other director. The vice president may not exercise the president's right to vote. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. April 1, 2021.

Sec. 8509.0107. EMPLOYEES. The board may employ a general manager, attorneys, accountants, engineers, or other technical or nontechnical employees or assistants and set the amount and manner of their compensation. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.0…

Sec. 8509.0108. DIRECTOR'S AND TREASURER'S BONDS. (a) Each director shall give bond in the amount of $5,000 conditioned on the faithful performance of the director's duties. (b) The treasurer shall give bond in an amount required by the board. The treasurer's bond must be conditi…

Sec. 8509.0109. COMPENSATION OF DIRECTORS. (a) Unless the board by resolution increases the fee to an amount authorized by Section 49.060, Water Code, each director: (1) shall receive a fee for attending each board meeting not to exceed $25 for a meeting or $50 in one calendar mo…

Sec. 8509.0110. INTEREST IN CONTRACT. (a) A director who has a financial interest in a contract under consideration by the district for the purchase, sale, lease, rental, or supply of property, including supplies, materials, and equipment, or the construction of facilities, shall…

Sec. 8509.0111. DIRECTOR TRAINING PROGRAM. (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.…

Sec. 8509.0112. SEPARATION OF POLICYMAKING AND MANAGEMENT FUNCTIONS. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the district's general manager and staff. Added by Acts …

Sec. 8509.0113. COMPLAINTS. (a) The district shall maintain a system to promptly and efficiently act on complaints filed with the district. The district shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the…

Sec. 8509.0114. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION. (a) The district shall develop a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of district rules; and (2) appropriate alternative…

Sec. 8509.0115. PUBLIC COMMENT POLICY. 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 agenda item at board meetings. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec.…

Sec. 8509.0116. EXPENDITURES. The board may provide for the payment of expenditures considered essential to the proper maintenance of the district and its affairs. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. April 1, 2021.

Sec. 8509.0117. SEAL. The board may adopt a seal for the district. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. April 1, 2021. SUBCHAPTER D. POWERS AND DUTIES

Sec. 8509.0151. GENERAL WATER SUPPLY POWERS. (a) The district, inside or outside its boundaries, may: (1) develop, construct, or purchase a dam or reservoir; (2) in order to preserve and protect the purity of the waters of the state and of the district and conserve and reclaim th…

Sec. 8509.0152. GENERAL PROPERTY POWER. In addition to powers granted the district under other law, the district has the power to purchase, construct, maintain, or in any other manner acquire, provide, and develop all works, facilities, improvements, lands, easements, and propert…

Sec. 8509.0153. CONTRACTS TO SUPPLY WATER AND OPERATE FACILITIES. (a) The district may contract with a municipality or other entity to supply water to the municipality or entity. (b) The district may contract with a municipality for the rental or leasing of or for the operation o…

Sec. 8509.0154. CONTROL OF STORM AND FLOOD WATERS. The district may: (1) control, store, conserve, protect, distribute, and use the storm and flood waters in the district for all useful purposes permitted by law; and (2) implement flood prevention and control measures in the dist…

Sec. 8509.0155. DISTRICT TO RECEIVE AND ACCEPT TECHNICAL AND FINANCIAL ASSISTANCE. The district may receive and accept technical and financial assistance from other districts or state agencies or from the United States to accomplish the purposes described by Sections 8509.0152 an…

Sec. 8509.0156. WATER APPROPRIATION PERMITS. (a) Through an appropriate hearing, the district may obtain an appropriation permit from the commission, as provided by Subchapters A-D, Chapter 11, and Subchapter B, Chapter 12, Water Code. (b) On application of the district or at the…

Sec. 8509.0157. UNDERGROUND SOURCES OF WATER. The district may not develop or otherwise acquire underground sources of water. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. April 1, 2021.

Sec. 8509.0158. LIMITATION ON CONSTRUCTION OF CERTAIN FACILITIES. The district may not construct a dam or other facility for impounding water unless the plans for the dam or facility are approved by the commission. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.…

Sec. 8509.0159. DISPOSAL OF DISTRICT PROPERTY. The district may sell, trade, or otherwise dispose of any property considered by the district not to be needed for district purposes, subject to the terms of any deed of trust or other indenture. Added by Acts 2019, 86th Leg., R.S., …

Sec. 8509.0160. EMINENT DOMAIN. (a) To carry out a power conferred by this chapter, the district may exercise the power of eminent domain to acquire: (1) the fee simple title to land and other property and easements inside the district, including land needed for a reservoir or da…

Sec. 8509.0161. COST OF RELOCATING OR ALTERING PROPERTY. If the district's exercise of the power of eminent domain, the power of relocation, or any other power granted by this chapter makes necessary relocating, raising, rerouting, changing the grade of, or altering the construct…

Sec. 8509.0162. CERTAIN POWERS RELATED TO DISTRICT PROPERTY. The district may: (1) lease the hunting rights on property owned by the district; (2) develop, manage, or lease property owned by the district for any recreational purpose; and (3) lease property owned by the district t…

Sec. 8509.0163. PARKS AND RECREATION FACILITIES. The district may establish or otherwise provide for public parks and recreation facilities and may acquire land in the district for those purposes. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. April 1, …

Sec. 8509.0164. SURVEYS AND INVESTIGATIONS. The board may conduct a survey or an engineering investigation to provide information for the district to facilitate the accomplishment of a district purpose. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. Apr…

Sec. 8509.0201. ADOPTION OF RULES. The board may adopt reasonable rules to: (1) secure, maintain, and preserve the sanitary condition of water in and water that flows into any reservoir owned by the district; (2) prevent waste of or the unauthorized use of water; and (3) regulate…

Sec. 8509.0202. ENFORCEMENT OF RULES; PENALTY. (a) The district by rule may prescribe reasonable penalties for the violation of a district rule. (b) A penalty may consist of a fine not to exceed $200. (c) A penalty prescribed under this section is in addition to any other penalty…

Sec. 8509.0203. NOTICE OF RULE PROVIDING PENALTY. (a) If the district adopts a rule that provides a penalty, the district must publish a substantive statement of the rule and the penalty once a week for two consecutive weeks in each county in which any part of the reservoir to wh…

Sec. 8509.0204. JUDICIAL NOTICE OF RULES. A court shall take judicial notice of a rule adopted under this subchapter and published as required by Section 8509.0203, and the court shall consider the rule to be similar in nature to a penal ordinance of a municipality. Added by Acts…

Sec. 8509.0205. ENFORCEMENT BY PEACE OFFICERS. (a) A licensed peace officer may make an arrest when necessary to prevent or abate the commission of an offense: (1) in violation of a district rule or a law of this state that occurs or threatens to occur on any land, water, or ease…

Sec. 8509.0251. TAX METHOD. (a) The district shall use the ad valorem plan of taxation. (b) The board is not required to hold a hearing on the adoption of a plan of taxation. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. April 1, 2021.

Sec. 8509.0252. AUTHORITY TO IMPOSE TAX; LIMITATION ON TAX RATE; TAX ELECTION. (a) If a tax is authorized at an election under Section 49.107, Water Code, the district annually may impose an ad valorem tax on the taxable property in the district to provide money: (1) necessary to…

Sec. 8509.0253. DEPOSITORY. (a) The board shall designate one or more banks in the district to serve as depository for the district's money. (b) District money shall be deposited with a designated depository bank or banks, except that: (1) money pledged to pay bonds may be deposi…

Sec. 8509.0254. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. The district is not required to pay a tax or assessment on a district project or any part of the project. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. April 1, 2021. SUBCHAPTER G. BONDS

Sec. 8509.0301. AUTHORITY TO ISSUE BONDS. (a) The district may issue bonds to carry out any power conferred by this chapter, including to provide a source of water supply for municipalities and other users for agricultural, municipal, domestic, industrial, oil field flooding, and…

Sec. 8509.0302. FORM OF BONDS. District bonds must be: (1) issued in the district's name; (2) signed by the president or vice president; and (3) attested by the secretary. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. April 1, 2021.

Sec. 8509.0303. MATURITY. District bonds must mature not later than 40 years after the date of their issuance. Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. April 1, 2021.