Title SD, Special District Local Laws Code

Sec. 8512.0105. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed to effectuate the chapter's purposes. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.02, eff. April 1, 2027. SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS Te…

Sec. 8512.0201. NATURE OF BOARD. The board is a state board of a state agency as contemplated by Section 30a, Article XVI, Texas Constitution. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.02, eff. April 1, 2027. Text of section effective on April 01, 2027

Sec. 8512.0202. MEMBERSHIP OF BOARD. (a) The board consists of nine directors appointed by the governor with the advice and consent of the senate from a list of nominations provided to the governor by the commission. (b) Each director must: (1) be a freehold property tax payer of…

Sec. 8512.0203. TERMS. Directors serve staggered six-year terms, with three directors' terms expiring February 1 of each odd-numbered year. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.02, eff. April 1, 2027. Text of section effective on April 01, 2027

Sec. 8512.0204. REMOVAL. The governor may remove a director for inefficiency, neglect of duty, or misconduct in office, after: (1) at least 10 days' written notice of the charge against the director; and (2) an opportunity for the director to be heard in person or by counsel at a…

Sec. 8512.0205. VACANCY. The governor shall fill a vacancy on the board for the unexpired term. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.02, eff. April 1, 2027. Text of section effective on April 01, 2027

Sec. 8512.0206. VOTING REQUIREMENT. (a) Except as provided by this chapter or the bylaws, the board may take action by the affirmative vote of a majority of the directors present at a meeting. (b) The following are valid only if authorized or ratified by the affirmative vote of a…

Sec. 8512.0207. OFFICERS, AGENTS, AND EMPLOYEES. (a) The governor shall designate a director as the board's presiding officer, who serves at the will of the governor. (b) The board shall select a secretary, a general manager, and a treasurer. (c) The secretary shall keep accurate…

Sec. 8512.0208. SURETY BONDS. (a) The general manager, the treasurer, and any other authority officer, agent, or employee who is charged with the collection, custody, or payment of authority money shall give bond conditioned on: (1) the faithful performance of the person's duties…

Sec. 8512.0209. AUTHORITY'S DOMICILE AND OFFICE. (a) The authority's domicile is in the city of New Braunfels, Comal County. (b) The authority shall maintain an office in the city of New Braunfels, Comal County. (c) The general manager is in charge of the authority's office. Adde…

Sec. 8512.0210. 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. 8512.0211. 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 2025, 89th Leg., R.…

Sec. 8512.0212. COMPLAINTS. (a) The authority shall maintain a system to promptly and efficiently act on complaints filed with the authority. (b) The authority shall maintain information about the parties to and subject matter of the complaint, a summary of the results of the rev…

Sec. 8512.0213. 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. 8512.0214. PUBLIC TESTIMONY. (a) 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. (b) At each regular board meeting, the board shall i…

Sec. 8512.0215. SEAL. The authority may adopt and use a corporate seal. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.02, eff. April 1, 2027. SUBCHAPTER C. POWERS AND DUTIES Text of section effective on April 01, 2027

Sec. 8512.0301. GENERAL POWERS. The authority has: (1) the powers of government and the authority to exercise the rights, privileges, and functions specified by this chapter; and (2) all powers, rights, privileges, and functions conferred by general law on any district, other tha…

Sec. 8512.0302. POWERS RELATED TO WATER OF RIVERS AND STREAMS. The authority may: (1) control, store, and preserve, in or adjoining the authority's boundaries, the water of any rivers and streams, including the Guadalupe and Blanco Rivers and their tributaries, for all useful pur…

Sec. 8512.0303. POWERS RELATED TO GROUNDWATER. The authority may: (1) conserve, preserve, and develop groundwater in the authority, subject to any applicable regulation by this state or any political subdivision, for all useful purposes; and (2) use, distribute, and sell groundwa…

Sec. 8512.0304. ACQUISITION OF WATER, WATER SUPPLY FACILITIES, AND CONSERVATION STORAGE CAPACITY. The authority may acquire water, water supply facilities, and conservation storage capacity inside or outside the authority from any person. Added by Acts 2025, 89th Leg., R.S., Ch. …

Sec. 8512.0305. USE, DISTRIBUTION, AND SALE OF WATER OUTSIDE AUTHORITY. (a) The authority may use, distribute, and sell, outside the authority, any water the authority controls, stores, preserves, conserves, develops, or acquires if the board determines that adequate provision ca…

Sec. 8512.0306. DEVELOPMENT, GENERATION, DISTRIBUTION, AND SALE OF WATER POWER AND ELECTRIC ENERGY. The authority may: (1) develop and generate water power and electric energy inside the authority; and (2) distribute and sell water power and electric energy inside or outside the …

Sec. 8512.0307. PREVENTION OF DAMAGE TO PERSONS OR PROPERTY. The authority may prevent or aid in the prevention of damage to persons or property from the water of the Guadalupe and Blanco Rivers and their tributaries. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec.…

Sec. 8512.0308. FORESTATION AND REFORESTATION; PREVENTION OF SOIL EROSION AND FLOODS. In the watershed of the Guadalupe and Blanco Rivers and their tributaries, the authority may: (1) forest, reforest, or aid in foresting or reforesting; and (2) prevent or aid in the prevention o…

Sec. 8512.0309. DEVELOPMENT OF NAVIGATION AND RELATED FACILITIES. The authority may develop the navigation of inland water in the authority and any facility in aid of that navigation. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.02, eff. April 1, 2027. Text of…

Sec. 8512.0310. DEVELOPMENT OF RECLAMATION AND DRAINAGE OF CERTAIN LAND AND RELATED FACILITIES. The authority may develop the reclamation and drainage of overflowed land and other land needing drainage, other than coastal wetlands or inland marshes, in the authority and any facil…

Sec. 8512.0311. WASTE MANAGEMENT. (a) The authority may develop the collection, transportation, treatment, disposal, and handling of any waste, as that term is defined by general law, and any facility in aid of those activities. (b) The authority may construct or acquire sanitary…

Sec. 8512.0312. CONSERVATION AND DEVELOPMENT FOR RECREATION. The authority may conserve and develop water and land for recreational purposes and any facility in aid of those purposes. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.02, eff. April 1, 2027. Text of…

Sec. 8512.0313. ACQUISITION OR OPERATION OF PROPERTY. (a) The authority may acquire, maintain, use, and operate property of any kind or any property interest, inside or outside the authority, necessary or convenient to the exercise of the powers, rights, privileges, and functions…

Sec. 8512.0314. EMINENT DOMAIN. (a) The authority may acquire by the exercise of the power of eminent domain property of any kind or a property interest inside or outside the authority that is necessary or convenient to the exercise of the powers, rights, privileges, and function…

Sec. 8512.0315. SALE, LEASE, OR OTHER DISPOSITION OF PROPERTY. Subject to the provisions of this chapter, the authority may sell, lease, or otherwise dispose of property of any kind or any property interest: (1) that is not necessary authority business; or (2) the sale, lease, or…

Sec. 8512.0316. OVERFLOW OR INUNDATION OF PUBLIC PROPERTY; RELOCATION OF FACILITIES. (a) In this section, "sole expense" means the actual cost of relocating, raising, lowering, rerouting, or changing the grade of or altering the construction of a facility to provide comparable re…

Sec. 8512.0317. CONSTRUCTION, MAINTENANCE, AND OPERATION OF FACILITIES. The authority may construct, extend, improve, maintain, reconstruct, and use and operate facilities of any kind necessary or convenient to the exercise of the authority's powers, rights, privileges, and funct…

Sec. 8512.0318. GENERAL CONTRACT POWERS. (a) The authority may enter into a contract or execute an instrument necessary or convenient to the exercise of the powers, rights, privileges, and functions conferred on the authority by this chapter or general law, including a contract w…

Sec. 8512.0319. JOINT PROJECTS RELATED TO PROPERTY. The authority may: (1) authorize any person to participate with the authority in the joint construction, acquisition, ownership, financing, operation, and maintenance of improvements, structures, facilities, equipment, and any o…

Sec. 8512.0320. STATE SUPERVISION AND APPROVAL. The commission shall consider the adequacy of, and approve or refuse to approve, any flood control or conservation improvement plan that: (1) the authority devises to achieve a plan or purpose for which the authority was created; an…

Sec. 8512.0321. ADDITIONAL POWERS RELATING TO CONTRACTS, RULES, AND REGULATIONS. The authority may enter into and carry out contracts or establish or comply with rules and regulations concerning labor and materials and other related matters in connection with any project the auth…

Sec. 8512.0322. PUBLIC USE OF AUTHORITY'S SURPLUS LAND. The authority may not prevent free public use of the authority's surplus land for recreational purposes, hunting, or fishing except to the extent to which, in the board's opinion, the use would interfere with the proper cond…

Sec. 8512.0323. EFFECT OF CHAPTER ON WATER RIGHTS AND GROUNDWATER REGULATION. (a) This chapter does not confer any water rights on the authority or set any priority of rights. The authority must obtain its water rights by application to and permit from the commission as provided …

Sec. 8512.0324. APPLICABILITY OF CERTAIN STATUTES. The rights, powers, privileges, and functions granted to the authority under this chapter, and the authority itself, are expressly subject to Chapters 5, 7, 11, 12, 17, 26, and 30, Water Code, and Chapter 366, Health and Safety C…

Sec. 8512.0401. DISBURSEMENT OF MONEY. The authority may disburse the authority's money only by a check, draft, order, or other instrument signed by a person authorized to sign the instrument by the bylaws or a resolution in which at least five directors concur. Added by Acts 202…

Sec. 8512.0402. ACCOUNTS, CONTRACTS, AND OTHER RECORDS; PUBLIC INSPECTION. (a) The authority shall keep complete and accurate accounts conforming to approved methods of bookkeeping. (b) The accounts and all contracts, documents, and records of the authority shall be kept at an of…

Sec. 8512.0403. FILING OF AUDIT REPORT. Copies of the audit report prepared under Subchapter G, Chapter 49, Water Code, shall be certified to by the accountant who performed the audit and filed: (1) as required by Section 49.194, Water Code; and (2) with the comptroller. Added by…

Sec. 8512.0404. ASSET MANAGEMENT PLAN. (a) In this section, "system" means a system for the: (1) provision of water to the public for human consumption; or (2) collection and treatment of wastewater. (b) The authority shall adopt an asset management plan by: (1) preparing an asse…

Sec. 8512.0405. RATES AND OTHER CHARGES. (a) The board shall impose rates and other charges for the sale or use of water, water connections, power, electric energy, or other services the authority sells, provides, or supplies. (b) The rates and other charges must be reasonable, n…

Sec. 8512.0406. USE OF EXCESS REVENUE. If the authority receives revenue in excess of that required for the purposes specified by Sections 8512.0405(b)(1), (2), (3), and (5), the board may: (1) use the excess revenue to: (A) establish a reasonable depreciation and emergency fund;…