Title SD, Special District Local Laws Code

Sec. 8510.0105. TERRITORY. (a) The authority is composed of the territory described by Subsection (b) as that territory may have been modified under: (1) Subchapter J, Chapter 49, Water Code; (2) Subchapter O, Chapter 51, Water Code; (3) Subchapter H, Chapter 62, Water Code; or (…

Sec. 8510.0106. EFFECT OF OVERLAPPING TERRITORY. (a) An overlap of the authority's territory with another district's or authority's territory or watershed does not affect the powers, affairs, duties, or functions of another district or authority, including the Canadian River Muni…

Sec. 8510.0107. APPLICABILITY OF CHAPTER TO CERTAIN COUNTIES. Except as provided by Section 8510.0108, this chapter does not apply to Bowie, Cass, Delta, Franklin, Hopkins, Marion, Morris, or Titus County. Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. …

Sec. 8510.0108. APPLICABILITY OF CHAPTER TO BOWIE COUNTY. (a) In this section, "project" means the United States Army Corps of Engineers' Red River Bank Stabilization and Navigation Project, from Index, Arkansas, to Denison Dam. (b) Bowie County is included in the authority for t…

Sec. 8510.0109. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed to effectuate its purposes. Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023. SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS

Sec. 8510.0201. 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: (1) a freehold property taxpayer and a qualified voter of this state; and (2) a resident of the director d…

Sec. 8510.0202. TERMS. Directors serve staggered six-year terms. Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.

Sec. 8510.0203. 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 8510.0201 and 8510.0205; (2) does not maintain during service on the board the qualifications required by…

Sec. 8510.0204. VACANCY. The governor fills a board vacancy for the unexpired part of the term in the manner provided by Section 8510.0201. Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.

Sec. 8510.0205. OATH AND BOND REQUIREMENT FOR DIRECTORS. (a) Not later than the 15th day after the date of appointment, a director shall qualify by: (1) taking the constitutional oath of office; and (2) filing a good and sufficient bond with the secretary of state and obtaining t…

Sec. 8510.0206. COMPENSATION OF DIRECTORS. (a) Unless the board by resolution increases the fee to an amount authorized by Section 49.060, Water Code, a director shall receive as a fee of office an amount not to exceed $25 for each day of service necessary to discharge the direct…

Sec. 8510.0207. VOTING REQUIREMENT. (a) Except as provided by Subsection (b), a concurrence of a majority of the directors present is sufficient in any matter relating to authority business. (b) The concurrence of seven directors is required to award a construction contract or to…

Sec. 8510.0208. OFFICERS. (a) The governor shall designate a director as the board president to serve as the authority's chief executive officer at the pleasure of the governor. (b) The board shall elect one director as vice president, one director as secretary, and one director …

Sec. 8510.0209. 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. 8510.0210. MEETINGS. (a) The president shall preside at all board meetings. (b) At each regular board meeting, the board shall: (1) include public testimony as a meeting agenda item; and (2) allow the public to comment on all meeting agenda items and other matters under the …

Sec. 8510.0211. SEPARATION OF POLICYMAKING AND MANAGEMENT FUNCTIONS. The board shall develop and implement policies that clearly separate the board's policymaking responsibilities and the general manager's and staff's management responsibilities. Added by Acts 2021, 87th Leg., R.…

Sec. 8510.0212. ATTORNEYS, AGENTS, AND EMPLOYEES. (a) The authority may appoint attorneys, agents, and employees, prescribe their duties, and set their compensation. (b) The board may remove an authority employee. (c) The board shall set the term of office and the compensation to…

Sec. 8510.0213. GENERAL MANAGER. (a) The board may employ a general manager. (b) The board shall set the term of office and the compensation to be paid to the general manager. (c) The board may not employ a director as general manager. Added by Acts 2021, 87th Leg., R.S., Ch. 914…

Sec. 8510.0214. DIRECTOR'S, OFFICER'S, OR EMPLOYEE'S SURETY BOND. (a) A bond required of an authority director, officer, or employee must be executed by a surety company authorized to do business in this state, as surety on the bond. (b) The authority shall pay the premium on the…

Sec. 8510.0215. AUTHORITY'S OFFICE. A regular office shall be established and maintained to conduct the authority's business inside the authority's territory at a place determined by the board. Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 202…

Sec. 8510.0216. RECORDS. The secretary shall maintain a record of all board proceedings and orders. Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.

Sec. 8510.0217. COMPLAINTS. (a) The authority shall maintain a system to promptly and efficiently act on complaints filed with the authority. (b) The authority shall maintain: (1) information about the subject matter of the complaint; (2) information about the parties to the comp…

Sec. 8510.0218. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The board shall develop a policy to encourage the use of appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under t…

Sec. 8510.0219. 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 authority's jurisdiction. Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530)…

Sec. 8510.0301. GENERAL POWERS. (a) The authority has: (1) the functions, powers, rights, and duties as may permit the authority to accomplish the purposes for which it is created; (2) the powers of this state under Section 59, Article XVI, Texas Constitution; and (3) all powers,…

Sec. 8510.0302. POWERS RELATING TO CONSERVATION AND BENEFICIAL USE OF WATER. (a) The authority has the powers of this state under Section 59, Article XVI, Texas Constitution, to effectuate flood control and the conservation and use of the storm, flood, and unappropriated waters o…

Sec. 8510.0303. POWERS REGARDING CANALS, WATERWAYS, AND RELATED FACILITIES. (a) The authority may: (1) promote, construct, maintain and operate, or aid and encourage, the construction, maintenance, and operation of navigable canals or waterways and all navigational systems or fac…

Sec. 8510.0304. FEDERALLY CONSTRUCTED OR MAINTAINED CANALS, WATERWAYS, AND FACILITIES. If the construction or maintenance and operation of navigable canals or waterways and all navigational systems or facilities auxiliary to navigable canals or waterways on the Red River in this …

Sec. 8510.0305. POWER TO CONTROL, DEVELOP, STORE, AND USE WATER FOR NAVIGATIONAL USE. (a) The authority may control, develop, store, and use the natural flow and floodwaters of the Red River and its tributaries for the purpose of operating and maintaining: (1) navigable canals or…

Sec. 8510.0306. POWERS RELATING TO FLOODING. The authority may effectuate channel rectification or alignment and the construction, maintenance, and operation of bank stabilization facilities to: (1) prevent and aid in preventing devastation of lands from recurrent overflows; and …

Sec. 8510.0307. MASTER PLAN FOR DEVELOPMENT OF SOIL AND WATER RESOURCES. (a) The authority shall prepare a master plan for the maximum development of the soil and water resources of the Red River watershed inside the authority. (b) The master plan must include plans for the compl…

Sec. 8510.0308. POWERS RELATING TO PARKS AND RECREATIONAL FACILITIES. (a) The authority may acquire: (1) additional land adjacent to a permanent improvement constructed inside the authority for the purpose of developing public parks and recreational facilities; and (2) necessary …

Sec. 8510.0309. POWERS RELATING TO WASTE FACILITIES; BONDS. (a) As a necessary aid to the conservation, control, preservation, and distribution of the water of the Red River and its tributaries for beneficial use, the authority may: (1) purchase, construct, improve, repair, opera…

Sec. 8510.0310. ADDITIONAL POWERS OF AUTHORITY AND OTHER PERSONS; BONDS. (a) In this section, "public agency" means an authority, district, municipality, other political subdivision, joint board, or other public agency created and operating under the laws of this state. (b) The a…

Sec. 8510.0311. POWERS RELATING TO CONTRACTS. (a) The authority may execute any contract and enter into any agreement necessary to accomplish the purpose for which it was created, including a contract with a municipality, corporation, or district, the United States, this state or…

Sec. 8510.0312. POWERS RELATING TO WATER DISTRIBUTION PLANTS OR SYSTEMS. (a) The authority may contract with a municipality located inside its boundaries for the purchase, lease, use, management, control, or operation of a water distribution plant or system owned by the municipal…

Sec. 8510.0313. CONTRACTS FOR SALE AND DELIVERY OF WATER TO CERTAIN MUNICIPALITIES. The authority may enter into a contract necessary to provide for the sale and delivery of water to the City of Eldorado, Oklahoma. Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.…

Sec. 8510.0314. ACQUISITION OF PROPERTY BY GIFT, PURCHASE, OR EMINENT DOMAIN. (a) In this section, "property" means property of any kind, including a lighter, tug, barge, or other floating equipment of any nature. (b) The authority may acquire by gift or purchase property or a pr…

Sec. 8510.0315. COST OF RELOCATING OR ALTERING PROPERTY. If the authority'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 construc…

Sec. 8510.0316. ACQUISITION OR OPERATION OF PROPERTY. (a) In this section, "property" includes: (1) rights, including surface water rights and groundwater rights; and (2) land, tenements, easements, rights-of-way, improvements, reservoirs, dams, canals, laterals, plants, works, a…

Sec. 8510.0317. LIMITATION ON PURCHASE OF GROUNDWATER RIGHTS. The authority may purchase groundwater rights in a county inside the authority's territory only if: (1) there is a groundwater conservation district that has jurisdiction over water wells located in the county; or (2) …

Sec. 8510.0318. LIMITATION ON POWERS OF AUTHORITY REGARDING GROUNDWATER. This chapter does not authorize the authority to: (1) acquire or regulate groundwater or groundwater rights by the exercise of the power of eminent domain; or (2) regulate the use of groundwater resources. A…

Sec. 8510.0319. LIMITATION ON POWERS AND DUTIES OF AUTHORITY; COMMISSION APPROVAL OF CERTAIN PLANS. (a) The authority's powers and duties under this chapter are subject to all legislative declarations of public policy in the maximum use of the waters of the authority's watersheds…

Sec. 8510.0320. LIMITATION ON POWER TO MANUFACTURE AND PRODUCE GASOHOL. The authority may manufacture and produce gasohol only: (1) to operate the authority's equipment in an emergency as determined by the authority's general manager; and (2) on obtaining any necessary authorizat…

Sec. 8510.0321. SEAL. The authority may use a corporate seal. Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023. SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8510.0401. PROCEDURE FOR PAYMENT. A warrant for the payment of money by the authority may be drawn and signed by two authority officers or employees, as designated by a standing order entered in the authority's minutes, if the account has been contracted and ordered paid by …