Title SD, Special District Local Laws Code

Sec. 9051.005. CORRECTION OF INVALID PROCEDURES. If a court holds that any procedure under this chapter violates the constitution of this state or of the United States, the district by resolution may provide an alternative procedure that conforms with the constitution. Added by A…

Sec. 9051.051. DISTRICT TERRITORY. The district is composed of the territory described by Section 3, Chapter 245, Acts of the 54th Legislature, Regular Session, 1955, as that territory may have been modified under: (1) Subchapter O, Chapter 51, Water Code; (2) Subchapter J, Chapt…

Sec. 9051.052. ANNEXATION OF DISTRICT TERRITORY BY MUNICIPALITY. Territory contained in the district may not be annexed, either wholly or partly, by a municipality unless the annexation is approved by a majority of the voters voting in a single election held jointly in the munici…

Sec. 9051.101. COMPOSITION OF BOARD; TERMS. The board consists of five elected directors who serve staggered four-year terms that begin on May 16 following their election. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9051.102. QUALIFICATIONS FOR OFFICE. A director must: (1) be a resident, qualified voter; and (2) own taxable property in the district. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9051.103. DIRECTOR'S BOND. (a) Each director must qualify by giving bond in the amount of $5,000 for the faithful performance of the director's duties. (b) The bond must be recorded in the official bond records of the county. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B…

Sec. 9051.104. QUORUM. Any three members of the board constitute a quorum. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9051.105. OFFICERS. The board shall elect from among its members a president, a vice president, and a secretary-treasurer. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9051.106. EMPLOYEES. The board may employ engineers, attorneys, and other technical or nontechnical employees or assistants and set and provide the amount and manner of their compensation. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 201…

Sec. 9051.107. EXPENDITURES. The board may provide for the payment of expenditures considered essential to the proper maintenance and administration of the district. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9051.108. COMPENSATION OF DIRECTORS. (a) A director shall receive a fee of $3 per day for attending each board meeting, except that not more than $6 per day may be paid to a director for meetings held in any one calendar month. (b) In all areas of conflict with Subsection (a…

Sec. 9051.109. BUDGET. (a) Before the adoption of the district's annual tax rate, the president of the board must prepare, or have prepared, and the board must approve a budget to cover all proposed expenditures of the district for the succeeding tax year. (b) The budget must: (1…

Sec. 9051.151. GENERAL POWERS. (a) Except as otherwise provided by this chapter, the district has all the powers and duties granted to water control and improvement districts by Chapters 49 and 51, Water Code, and all other laws applicable to water control and improvement distric…

Sec. 9051.152. DISTRICT PROPERTY. (a) The district may acquire, maintain, use, and operate property of any kind or any interest in property necessary to the exercise of the powers, rights, privileges, and functions of the district under this chapter. (b) The district may acquire …

Sec. 9051.153. 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 constructi…

Sec. 9051.154. POWERS RELATING TO WATERWORKS OR SANITARY SEWER SYSTEM. The district may purchase, construct, or otherwise acquire a waterworks or sanitary sewer system and may: (1) own and operate the system; and (2) construct an addition, extension, or improvement to the system.…

Sec. 9051.155. CHARGES, FEES, AND TOLLS; PENALTY FOR FAILURE TO PAY. The district may set and collect charges, fees, or tolls for the services of its water and sanitary systems and facilities and impose penalties for the failure to pay when due those charges, fees, or tolls. Adde…

Sec. 9051.156. SURVEYS AND INVESTIGATIONS. The board may conduct or arrange for a survey or an engineering investigation to provide information for the district to facilitate the accomplishment of a district purpose. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. …

Sec. 9051.157. LIMITATION ON DISTRICT POWERS RELATING TO GROUNDWATER. The district may not adopt or enforce a rule relating to or require a permit for the production or use of groundwater by others. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1…

Sec. 9051.201. TAX METHOD. The district shall use the ad valorem plan of taxation. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9051.202. AUTHORITY TO IMPOSE TAX; TAX ELECTION. (a) If a tax is authorized at an election under Section 49.107, Water Code, the district may impose a tax to provide money: (1) necessary to construct or acquire, maintain, and operate improvements, works, plants, and faciliti…

Sec. 9051.203. TAX ASSESSOR AND COLLECTOR. The board shall appoint a tax assessor and collector. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9051.204. TAX RATE. The board shall set the tax rate of the district annually and certify the rate to the tax assessor and collector. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017. SUBCHAPTER F. BONDS

Sec. 9051.251. DEFINITION. In this subchapter, "net revenue" means the gross revenue of the district minus the amount necessary to pay the cost of maintaining and operating the district and its property. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. Ap…

Sec. 9051.252. ISSUANCE OF BONDS. (a) To accomplish district purposes, the board may borrow money, issue bonds, and prescribe the method of payment of the bonds by the use of net revenue, taxes, or both net revenue and taxes. (b) Bonds must be authorized by a board resolution. (c…

Sec. 9051.253. FORM OF BONDS. District bonds must be: (1) signed by the president; and (2) attested by the secretary. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9051.254. 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. 9051.255. BONDS PAYABLE FROM AD VALOREM TAXES; TAX RATE. (a) If bonds are issued 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. (b) The board may ado…

Sec. 9051.256. ELECTION NOT REQUIRED FOR CERTAIN BONDS. Bonds payable solely from the district's net revenue, from the proceeds of any water contract, or from any source other than ad valorem taxes may be issued pursuant to a board resolution without a hearing or election. Added …

Sec. 9051.257. BONDS SECURED BY REVENUE; ADDITIONAL BONDS. District bonds may be secured by a pledge of all or part of the net revenue of the district, or by the net revenue of one or more contracts made before or after the issuance of the bonds, or other revenue in the manner sp…

Sec. 9051.258. CHARGES FOR DISTRICT SERVICES. If district bonds payable wholly or partly from revenue are issued, the board shall set by contract with the persons who contract with it for a water supply or water or sewer facilities the rates of compensation for water sold and wat…

Sec. 9051.259. REFUNDING BONDS. (a) The board may issue refunding bonds without an election to refund outstanding bonds issued under this subchapter and interest on those bonds. (b) Refunding bonds may be issued to refund bonds of more than one series. (c) In the case of bonds se…

Sec. 9051.260. BONDS EXEMPT FROM TAXATION. A bond issued under this chapter, the transfer of the bond, and the income from the bond, including profits on the sale of the bond, are exempt from taxation by this state or by any political subdivision of this state. Added by Acts 2015…