Title SD, Special District Local Laws Code

Sec. 9055.052. AUTHORITY TO ANNEX TERRITORY. Territory inside Wise County, whether contiguous to the district or not, may be annexed to the district in the manner provided by this subchapter. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9055.053. PETITION FOR ANNEXATION; BOARD FINDINGS AND RESOLUTION; HEARING. (a) The board may annex territory under this subchapter if a petition requesting annexation is signed by 50 registered voters of the territory to be annexed who own taxable property in that territory,…

Sec. 9055.054. ANNEXATION HEARING. (a) At least 10 days before the date of the annexation hearing, notice of the adoption of the resolution stating the time and place of the hearing and addressed to the citizens and owners of property in the territory to be annexed shall be publi…

Sec. 9055.055. BOARD FINDINGS AND RESOLUTION; ELECTION. If, at the conclusion of the annexation hearing, the board finds that all land in the territory to be annexed will benefit from the present or contemplated improvements, works, or facilities of the district, the board shall …

Sec. 9055.056. NOTICE OF ANNEXATION ELECTION. At least 10 days before the date set for the election, notice of the election must be published one time in a newspaper of general circulation in the district. In addition to the requirements of Section 4.004, Election Code, notice of…

Sec. 9055.057. ELECTION RESULTS. (a) The board shall issue an order declaring the results of the annexation election. (b) If the order shows that a majority of the votes cast are in favor of annexation, the board shall annex the proposed territory to the district. The annexation …

Sec. 9055.058. ANNEXATION OF CERTAIN MUNICIPAL TERRITORY. (a) Territory annexed to any municipality in the district may be annexed to the district as provided by this section. (b) At any time after final passage of an ordinance or resolution annexing territory to a municipality i…

Sec. 9055.059. ASSUMPTION OF DEBT; TAXES. (a) After territory is annexed to the district, the board may hold an election in the district as enlarged to determine whether the district as enlarged shall assume any tax-supported bonds then outstanding and those previously voted but …

Sec. 9055.060. RESTRICTION ON ANNEXATION OF RAILROAD RIGHT-OF-WAY, TRANSMISSION LINE, OR OTHER UTILITY PROPERTY. Railroad right-of-way, transmission lines and other property of electric and gas utilities that are not in the limits of a municipality will not benefit from improveme…

Sec. 9055.101. BOARD. (a) The district is governed by a board of five directors. (b) Directors serve staggered two-year terms expiring the first Tuesday of May. (c) A majority of directors constitutes a quorum. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, …

Sec. 9055.102. APPOINTMENT OF DIRECTORS. In April of each year, the governing body of the City of Decatur shall appoint a director to succeed each director whose term expires during the following May. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April…

Sec. 9055.103. QUALIFICATIONS FOR OFFICE. (a) A person may not be appointed a director unless the person resides in and owns taxable property in the district. (b) A member of a municipality's governing body or an employee of a municipality may not be a director. Added by Acts 201…

Sec. 9055.104. VACANCY. The governing body of the City of Decatur shall appoint a successor to fill a vacancy on the board for the unexpired term. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9055.105. OFFICERS. (a) The board shall elect from the board's membership a president, a vice president, and any other officers as the board determines necessary. The president is the chief executive officer of the district and the presiding officer of the board. The vice pr…

Sec. 9055.106. VOTE BY BOARD PRESIDENT. The president has the same right to vote as any other director. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9055.107. DIRECTOR AND TREASURER BONDS. (a) Each director shall give bond in the amount of $5,000 conditioned on the faithful performance of the director's duties. The district shall pay the cost of the bond. (b) The treasurer shall give bond in the amount required by the bo…

Sec. 9055.151. CONSTRUCTION OF DAM. (a) The district may impound storm and flood waters and the unappropriated flow waters at one or more places and in an amount approved by the Texas Commission on Environmental Quality by constructing one or more dams inside or outside the distr…

Sec. 9055.152. SOURCES OF WATER. The district may develop or otherwise acquire sources of water. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9055.153. CONSTRUCTION OR ACQUISITION OF PROPERTY. (a) The district may construct or otherwise acquire all works, plants, and other facilities necessary or useful for the purpose of processing water impounded, developed, or otherwise acquired and transporting it to municipal…

Sec. 9055.154. WATER APPROPRIATION PERMITS. The district may acquire water appropriation permits directly from the Texas Commission on Environmental Quality or from owners of permits. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9055.155. PURCHASE OF WATER. The district may purchase water or a water supply from any person. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9055.156. EMINENT DOMAIN. (a) To carry out a power provided by this chapter, the district may exercise the power of eminent domain to acquire land and easements inside or outside the district in Wise County, including land above the probable high water line around the reserv…

Sec. 9055.157. 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. 9055.158. CONSTRUCTION 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) The district shall award a contract to the lowest and best bidder af…

Sec. 9055.159. CONTRACTS TO SUPPLY WATER AND OPERATE FACILITIES. (a) The district may contract with municipalities and others to supply water to those entities. (b) The district may contract with a municipality for the rental or leasing of or for the operation of the water produc…

Sec. 9055.160. ADOPTION OF RULES. The board may adopt reasonable rules to: (1) secure, maintain, and preserve the sanitary condition of water in and water that flows into any reservoir owned by the district; (2) prevent waste of or the unauthorized use of water; and (3) regulate …

Sec. 9055.161. APPLICABILITY AND ENFORCEMENT OF CERTAIN LAWS. (a) The general laws applicable to a water control and improvement district for the preservation of the sanitary condition of water, the prevention of waste, and the regulation of hunting, fishing, boating, and other s…

Sec. 9055.201. DEPOSITORY. (a) Except as provided by Subsection (i), the board shall designate one or more banks in the district to serve as depository for the district's money. (b) District money shall be deposited with a designated depository bank or banks, except that: (1) mon…

Sec. 9055.202. 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 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9055.203. COLLECTION OF DISTRICT TAXES; CONTRACTS FOR PERFORMANCE OF ADMINISTRATIVE DUTIES. (a) The City of Decatur shall collect all taxes imposed by the district. (b) The district may enter into a contract with the City of Decatur under which municipal employees, including…

Sec. 9055.251. AUTHORITY TO ISSUE BONDS. (a) The district may issue bonds to: (1) provide a source of water supply for municipalities and other users for municipal, domestic, and industrial purposes; or (2) carry out any other power conferred by this chapter. (b) The bonds must b…

Sec. 9055.252. FORM OF BONDS. District bonds 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 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9055.253. MATURITY. District 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. 9055.254. 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 district election held for that purpose at which a majority of the votes cast favor the …

Sec. 9055.255. BONDS PAYABLE FROM REVENUE. (a) In this section, "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. (b) Bonds issued under this subchapter may be secured under…

Sec. 9055.256. BONDS PAYABLE FROM AD VALOREM TAXES. The district may issue bonds payable from: (1) ad valorem taxes imposed on taxable property in the district; or (2) ad valorem taxes and revenue of the district. Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.0…

Sec. 9055.257. 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. 9055.258. ADDITIONAL SECURITY. (a) Bonds, including refunding bonds, authorized by this subchapter that are not payable wholly from ad valorem taxes may be additionally secured by a deed of trust lien on physical property of the district and all franchises, easements, water …

Sec. 9055.259. 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 interest expected to accrue during construction and for one year after construction in a reserve interest and sinking f…

Sec. 9055.260. APPOINTMENT OF RECEIVER. (a) On default or threatened default in the payment of principal of or interest on bonds issued under this subchapter that are payable wholly or partly from revenue, a court may, on petition of the holders of 25 percent of the outstanding b…

Sec. 9055.261. REFUNDING BONDS. (a) The district may issue refunding bonds 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 pledges for the outstan…

Sec. 9055.262. 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 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Se…