Title SD, Special District Local Laws Code

Sec. 9023.051. COMPOSITION OF BOARD. The board is composed of four elected directors. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9023.052. ELECTION OF DIRECTORS. (a) Directors are elected to positions according to the place system as provided by this section. (b) Except as provided by Subsection (c): (1) a director elected to place 1 or 2 must be a resident of Benavides and be elected by the voters of…

Sec. 9023.101. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS. The district has the rights, powers, privileges, and duties provided by general law applicable to a water control and improvement district created under Section 59, Article XVI, Texas Constitution, including Chapters 4…

Sec. 9023.102. GENERAL CONTRACT POWERS. The board may enter into a contract with any individual or any public or private corporation, inside or outside the district, that the board considers advisable and expedient to accomplish the district's purposes. Added by Acts 2015, 84th L…

Sec. 9023.103. ACQUISITION OF PROPERTY. The district may acquire property not already devoted to public use in the district that the board considers necessary to accomplish the district's objectives. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April …

Sec. 9023.104. 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. 9023.105. WATER PERMIT ACQUIRED FROM MUNICIPALITY. A water permit acquired by the district from a municipality in the district must be acquired subject to a provision that, in case of a shortage of water supply, the municipality has a right to receive water from the district…

Sec. 9023.151. AUTHORITY TO ISSUE BONDS. The district may issue bonds pursuant to a board resolution for any purpose permitted to water control and improvement districts, including the acquisition by construction or otherwise of plants and improvements for storing, treating, puri…

Sec. 9023.152. CERTAIN BOND COVENANTS AUTHORIZED. A resolution authorizing the issuance of district bonds may contain any covenant the board considers necessary to ensure: (1) the creation and maintenance of proper reserves; and (2) the payment of the principal of and interest on…

Sec. 9023.153. MATURITY. District bonds, including refunding bonds, must mature not later than 40 years after the date of their issuance. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9023.154. USE OF BOND PROCEEDS. The district may appropriate and pay from the proceeds of the sale of bonds the interest to accrue on the bonds for a period not to exceed three years from their date. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. A…

Sec. 9023.155. BONDS SECURED BY REVENUE; ADDITIONAL BONDS. (a) In this section, "net revenues" means all income or increment from the ownership and operation of improvements and facilities operated by the district, minus the amount reasonably required to provide for the administr…

Sec. 9023.156. BONDS SECURED BY AD VALOREM TAXES. (a) This section does not apply to district bonds secured only by a pledge of net revenues as defined by Section 9023.155(a). (b) If bonds have been voted, the board shall impose a continuing ad valorem tax on all property in the …

Sec. 9023.157. REFUNDING BONDS. (a) The district may issue refunding bonds without an election. (b) District bonds may be refunded by: (1) the issuance and delivery to holders of refunding bonds in lieu of the outstanding bonds; or (2) the sale of refunding bonds and the use of t…

Sec. 9023.201. DEFINITION. In this subchapter, "municipal territory" means the territory located in the corporate boundaries and the extraterritorial jurisdiction of a municipality located in the district. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. …

Sec. 9023.202. DISANNEXATION OF MUNICIPAL TERRITORY. Municipal territory may be disannexed from the district under this subchapter on petition for an election on disannexation and a vote in favor of the disannexation by the majority of voters voting at an election ordered for tha…

Sec. 9023.203. PETITION. (a) A petition for an election to disannex municipal territory under this subchapter must: (1) be signed by at least the lesser of 250 registered voters of the district who are residents of the municipal territory or a number of registered voters equal to…

Sec. 9023.204. ELECTION ORDER. (a) The board shall order an election for the purpose of disannexation of municipal territory under this subchapter if the district manager certifies the number of signatures required for ordering the election. (b) The board shall order the election…

Sec. 9023.205. BALLOT. The ballot for an election under this subchapter must permit voting for one of the following three propositions: (1) "The City of (name of municipality) and the area within the city's extraterritorial jurisdiction shall not be disannexed from the Duval Coun…

Sec. 9023.206. ELECTION. (a) Only voters who reside in the municipal territory to be disannexed under this subchapter may vote in the disannexation election. (b) The municipal territory is not disannexed from the district if a majority of the total votes cast in the election is i…

Sec. 9023.207. BOARD VOTE. (a) The directors shall vote to disannex municipal territory if the majority of the votes cast in an election under this subchapter is for disannexation. (b) The directors shall vote to disannex the municipal territory at the same board meeting at which…

Sec. 9023.208. APPOINTMENT OF MASTER. Not later than the 30th day after the election results are canvassed and the board votes to disannex municipal territory under Section 9023.207, the executive director of the Texas Commission on Environmental Quality shall appoint an independ…

Sec. 9023.209. DISTRIBUTION OF PROPERTY, RECEIVABLES, AND OTHER ASSETS. (a) All infrastructure and real property, including water and sewer lines, storage tanks, treatment plants, towers, buildings, land, and other facilities located within municipal territory disannexed under th…

Sec. 9023.210. PROVISION OF SERVICES OUTSIDE DISANNEXED MUNICIPAL TERRITORY. (a) This section applies only to a municipal water or sewer system established or acquired as a result of voter approval of the proposition stated in Section 9023.205(2). (b) A municipal water or sewer s…