Title SD, Special District Local Laws Code

Sec. 9011.052. ANNEXATION OF TERRITORY BY LANDOWNER PETITION. As provided by this subchapter, the district may annex territory by petition of the owners of land or a portion of the land requested to be annexed. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.12, …

Sec. 9011.053. PETITION REQUIREMENTS. (a) A petition to the board to annex land must: (1) request that the district annex the land; (2) describe by metes and bounds the land proposed to be annexed; (3) affirmatively state that: (A) the land annexed is subject to its proportionate…

Sec. 9011.054. HEARING ON PETITION. The board shall order a hearing on the petition to be held at a time and on a date stated in the order and not before the 30th day after the date of the order. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.12, eff. April 1, 2…

Sec. 9011.055. NOTICE OF HEARING. (a) The board secretary shall: (1) issue notice of the hearing that includes: (A) the time and place of the hearing; and (B) a description of the territory proposed to be annexed; and (2) post copies of the notice for 15 days before the date of t…

Sec. 9011.056. BOARD ANNEXATION OF TERRITORY. (a) The board by resolution may annex the proposed territory to the district if the board finds as a result of the hearing that the annexation: (1) is to the advantage of the district; and (2) will not injure other land of the distric…

Sec. 9011.057. RATIFICATION ELECTION; LIMITATION ON ASSUMPTION OF DEBT OR TAXES. (a) The annexation of territory under this subchapter is not final until ratified by: (1) a majority of the voters voting at a separate election held in the district; and (2) a majority of the voters…

Sec. 9011.058. ANNEXED TERRITORY'S RESPONSIBILITY FOR DISTRICT DEBT OR TAXES. The annexed territory shall bear the territory's proportionate share of all debt or taxes owed, contracted, or authorized by the district. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. …

Sec. 9011.059. ANNEXATION OF TERRITORY IN A MUNICIPALITY. The district may annex territory inside a municipality's boundaries. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.12, eff. April 1, 2009. SUBCHAPTER C. BOARD OF DIRECTORS

Sec. 9011.101. COMPOSITION OF BOARD. The board consists of five elected directors. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.12, eff. April 1, 2009.

Sec. 9011.102. QUALIFICATIONS FOR OFFICE. (a) A person may not be appointed a director unless the person resides in Bell County and owns taxable property in the district. (b) A person may not serve as a director if the person is: (1) a member of a governing body of a county or mu…

Sec. 9011.103. DIRECTORS' ELECTION. (a) Except as provided by this subchapter, a directors' election is held in accordance with Chapters 49 and 51, Water Code, and the Election Code. (b) The election order must state the time, place, and purpose of the election. (c) Notice of a d…

Sec. 9011.104. BALLOT PETITION. (a) A person who wants to have the person's name printed on the ballot as a candidate for director must present to the board secretary a petition requesting that action. (b) The petition must be: (1) signed by at least 10 residents of the district …

Sec. 9011.105. APPOINTMENT OF SECRETARY AND TREASURER. The board shall appoint a secretary and a treasurer who are not required to be directors. The board may combine the offices of secretary and treasurer. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.12, eff.…

Sec. 9011.106. VOTE BY BOARD PRESIDENT. The president has the same right to vote as any other director. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.12, eff. April 1, 2009.

Sec. 9011.107. DIRECTOR'S AND TREASURER'S BOND. (a) A director shall give bond in the amount of $5,000 for the faithful performance of the director's duties. (b) The treasurer shall give bond in the amount required by the board. The treasurer's bond shall be conditioned on the tr…

Sec. 9011.108. COMPENSATION. Unless the board by resolution increases the fee to an amount authorized by Section 49.060, Water Code, each director is entitled to receive a fee of not more than $25 a day for each day the director spends performing duties as a director. The fees fo…

Sec. 9011.151. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS. The district has all powers conferred by the general laws of this state relating to water control and improvement districts, including Chapters 49 and 51, Water Code, except powers that: (1) conflict with this chapter;…

Sec. 9011.152. WATER SUPPLY AND DISTRIBUTION; ACQUISITION OF LAND RIGHTS. (a) The district may acquire or develop water, including groundwater, and sources of water. (b) The district may acquire or construct all works, plants, or other facilities or equipment necessary or useful …

Sec. 9011.153. EMINENT DOMAIN. (a) In Bell County only, the district may exercise the power of eminent domain to acquire land, easements, or rights-of-way to carry out any power conferred by this chapter. (b) The district must exercise the power of eminent domain in the manner pr…

Sec. 9011.154. 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 under this chapter makes necessary the relocating, raising, rerouting, changing the grade, or altering the constr…

Sec. 9011.155. AWARD OF CERTAIN CONSTRUCTION OR PURCHASE CONTRACTS. (a) This section applies only to a construction contract or contract for the purchase of materials, equipment, or supplies requiring an expenditure of more than $2,000. (b) This section does not apply to the purc…

Sec. 9011.156. CONTRACTS REGARDING WATER OR SEWER FACILITIES. (a) The district may contract with a municipality, an organized district, or another person to supply water to that person. (b) The district may contract with a municipality, an organized district, or another person to…

Sec. 9011.157. CONTRACTS AND COOPERATION WITH MUNICIPALITY INSIDE DISTRICT. (a) The district territory described by the law codified by this chapter intentionally overlaps the territory of an existing municipality. The board may contract or cooperate with the municipality on matt…

Sec. 9011.158. PROHIBITED AGREEMENTS. (a) The district may not enter into a contract or agreement that requires the district or the people in the district to lose ownership of or control over the use of any district property, real, personal, or mixed, after payment of all outstan…

Sec. 9011.201. DEPOSITORY. (a) The board shall designate one or more banks to serve as depository for the district's money. (b) District money shall be deposited with a designated depository bank, except that: (1) money pledged to pay bonds may be deposited with the trustee bank …

Sec. 9011.202. IMPOSITION OF AD VALOREM TAXES. A tax imposed by the district must be an ad valorem tax, including a tax to: (1) pay off bonds for preliminary surveys and investigation or to provide funds for conducting preliminary surveys, if no construction bonds are to be issue…

Sec. 9011.203. TAX ASSESSOR AND COLLECTOR. (a) The board shall appoint a tax assessor and collector. (b) The board may appoint deputies to assist the tax assessor and collector by an order stating the manner and period of assistance. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (…

Sec. 9011.204. PROJECTS EXEMPT FROM ASSESSMENT OR TAXATION. The district is not required to pay a tax or assessment on a project or any part of a project. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.12, eff. April 1, 2009. SUBCHAPTER F. BONDS

Sec. 9011.251. AUTHORITY TO ISSUE BONDS. (a) The district may issue bonds to carry out any purpose of this chapter and to: (1) provide a water system, as authorized by this chapter, for municipal, domestic, and industrial purposes; (2) pay fees of an attorney, engineer, or fiscal…

Sec. 9011.252. FORM OF BONDS. A district bond 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 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.12, eff. April 1, 2009.

Sec. 9011.253. MATURITY. District bonds must mature not later than 40 years after their date of issuance. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Sec. 1.12, eff. April 1, 2009.

Sec. 9011.254. ELECTION FOR BONDS PAYABLE FROM AD VALOREM TAXES. (a) Bonds, other than refunding bonds, payable wholly or partly from ad valorem taxes may not be issued unless authorized by a majority of the district voters voting at an election. (b) The board may order an electi…

Sec. 9011.255. BONDS PAYABLE FROM REVENUE. (a) In this section, "net revenue" means the gross revenue of the district less the amount necessary to pay the cost of maintaining and operating the district and its property. (b) Bonds issued under this subchapter may be secured under …

Sec. 9011.256. TAX AND RATE REQUIREMENTS. (a) If the district issues bonds payable wholly or partly from ad valorem taxes, the board shall impose a tax sufficient to pay the bonds and the interest on the bonds as the bonds and interest become due. The board may adopt the rate of …

Sec. 9011.257. ADDITIONAL SECURITY. (a) Bonds, including refunding bonds, authorized by this subchapter may be additionally secured by a deed of trust lien on physical property of the district, franchises, easements, water rights and appropriation permits, leases, contracts, and …

Sec. 9011.258. TRUST INDENTURE OR DEED OF TRUST. (a) A deed of trust lien conferred on the physical property may be combined with the trust indenture authorized by this chapter. (b) The trust indenture or deed of trust may provide for: (1) the security of the bonds and the operat…

Sec. 9011.259. USE OF BOND PROCEEDS. (a) The district may set aside an amount of proceeds from the sale of bonds issued under this subchapter for the payment of: (1) interest to accrue during two years after the purchase of a system or expected to accrue during construction and t…

Sec. 9011.260. APPOINTMENT OF RECEIVER. (a) On default or threatened default in the payment of the principal of or interest on bonds issued under this subchapter and payable wholly or partly from revenue, a court may, on petition of the holders of 25 percent of the outstanding bo…

Sec. 9011.261. REFUNDING BONDS. (a) The district may issue refunding bonds without an election to refund outstanding bonds issued under this subchapter and interest on those bonds. (b) Refunding bonds may: (1) be issued to refund bonds of more than one series; (2) combine the ple…

Sec. 9011.262. BONDS EXEMPT FROM TAXATION. A bond issued under this subchapter, the transfer of the bond, and income from the bond, including profits made on the sale of the bond, are exempt from taxation in this state. Added by Acts 2007, 80th Leg., R.S., Ch. 920 (H.B. 3166), Se…