Title SD, Special District Local Laws Code

Sec. 9092.0105. CORRECTION OF INVALID PROCEDURES. If a court holds that any procedure under this chapter violates the United States Constitution or the Texas Constitution, the district by resolution may provide an alternative procedure that conforms with that constitution. Added …

Sec. 9092.0106. 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. 1.03, eff. April 1, 2027. SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS Te…

Sec. 9092.0201. COMPOSITION OF BOARD; BOARD ELECTION. The board consists of five directors elected as follows: (1) one director represents and is elected from each county commissioners precinct in Franklin County by the voters of that precinct; and (2) one director represents the…

Sec. 9092.0202. QUALIFICATIONS. (a) A candidate for: (1) the at-large director position must be a qualified voter who resides in the district; and (2) a precinct director position must be a qualified voter who resides in that precinct. (b) A director must: (1) be at least 18 year…

Sec. 9092.0203. DIRECTORS' ELECTION. (a) A directors' election shall be held on the first Saturday in May of each odd-numbered year to elect the appropriate number of directors. (b) The election order for the election of directors must state the time, place, and purpose of the el…

Sec. 9092.0204. VACANCIES. If a vacancy occurs in the membership of the board, the remaining directors shall appoint a person to fill the vacancy until the next directors' election. If the vacant position is not regularly scheduled to be filled at that election, the director elec…

Sec. 9092.0205. BALLOT PETITION. (a) A person who wants the person's name printed on the ballot as a candidate for director must submit to the board's secretary a petition requesting that action. (b) The petition must be signed by at least 10 residents of the district who are qua…

Sec. 9092.0206. QUORUM. Three directors constitute a quorum for the transaction of all business. A favorable vote of a majority of a quorum present is sufficient for the enactment of all measures. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April 1, …

Sec. 9092.0207. 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. (b) The board shall appoint a secretary, who is not required to be a director. Added by Acts 2025, 89th Leg., R…

Sec. 9092.0208. VOTE BY BOARD PRESIDENT. The president has the same right to vote as any other director. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April 1, 2027. Text of section effective on April 01, 2027

Sec. 9092.0209. ABSENCE OR INACTION OF BOARD PRESIDENT. When the president is absent or fails or declines to act, the vice president shall perform all duties and exercise all powers this chapter confers on the president. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), S…

Sec. 9092.0210. DIRECTOR'S BOND. Each director shall give bond in the amount of $5,000 conditioned on the faithful performance of the director's duties. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April 1, 2027. Text of section effective on April 01,…

Sec. 9092.0211. BOARD MEETINGS. (a) The board shall hold regular meetings at least once a month at the time and place set by board resolution or board bylaws. (b) The president or any two directors may call a special meeting as necessary in administering district business. (c) At…

Sec. 9092.0212. DISTRICT RECORDS. The board's accounts of its meetings and proceedings and its minutes, contracts, notices, and other records are subject to public inspection. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April 1, 2027. Text of section…

Sec. 9092.0213. DISTRICT OFFICE. A regular office shall be established and maintained in the district for conducting district business. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April 1, 2027. Text of section effective on April 01, 2027

Sec. 9092.0214. EMPLOYEES. The district may employ a general manager, attorneys, accountants, engineers, financial experts, or other technical or nontechnical employees or assistants and set the amount and manner of their compensation. Added by Acts 2025, 89th Leg., R.S., Ch. 203…

Sec. 9092.0215. EXPENDITURES. The district may provide for the payment of expenditures considered essential to the proper operation and maintenance of the district and the district's affairs. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April 1, 2027.…

Sec. 9092.0301. GENERAL POWERS. (a) The district has all the rights, powers, and privileges conferred by general law applicable to a water control and improvement district created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 51, Water Code. (b) The…

Sec. 9092.0302. GENERAL WATER SUPPLY POWERS. The district may: (1) control, store, preserve, and distribute the district's waters and flood waters and the waters of the district's rivers and streams for all useful purposes by all practicable means, including the construction, mai…

Sec. 9092.0303. CONTRACTS TO SUPPLY WATER SERVICES AND OPERATE FACILITIES. (a) The district may contract with a municipality or others to supply water services to them. (b) The district may contract with a municipality for the rental or leasing of or for the operation of the muni…

Sec. 9092.0304. ACQUISITION OF WATER STORAGE AND STORAGE CAPACITY. The district may lease or acquire rights in and to storage and storage capacity in any reservoir constructed or to be constructed by any person, or from the United States. Added by Acts 2025, 89th Leg., R.S., Ch. …

Sec. 9092.0305. SURVEYS AND INVESTIGATIONS. The district may conduct a survey or an engineering investigation to provide information for the district to facilitate the accomplishment of a district purpose. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. …

Sec. 9092.0306. DISPOSAL OR LEASE OF PROPERTY. (a) The district may dispose of property or a property right that is not needed for a purpose for which the district is created. (b) The district may lease property or a property right for a purpose that does not interfere with the u…

Sec. 9092.0307. ACQUISITION OF PROPERTY; EMINENT DOMAIN. (a) The district, by gift, devise, purchase, lease, or condemnation, may acquire land, an easement, right-of-way, or other property in or outside the district that is incident to or necessary in carrying out a district purp…

Sec. 9092.0308. COST OF RELOCATING OR ALTERING PROPERTY. (a) 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 taking property or relocating, raising, rerouting, changing the grade of, or…

Sec. 9092.0309. ARRANGEMENTS WITH STATE AND UNITED STATES. The district may cooperate or contract with this state, including a state agency, or the United States to exercise a district power or further a district purpose and to receive a grant, a loan, or an advancement from this…

Sec. 9092.0310. AWARDING OF CONTRACTS. For a contract awarded on or after September 1, 1995, the district shall comply with the requirements of Section 49.273, Water Code, when awarding the contract. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April …

Sec. 9092.0311. POWER TO QUALIFY FOR BENEFITS UNDER OTHER LAW. The district has the power necessary to fully qualify for and gain the benefits of all laws that are helpful in carrying out the purposes for which the district is created. Added by Acts 2025, 89th Leg., R.S., Ch. 203…

Sec. 9092.0401. TAX METHOD. The district shall use the ad valorem plan of taxation. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April 1, 2027. Text of section effective on April 01, 2027

Sec. 9092.0402. AUTHORITY TO IMPOSE TAX; TAX ELECTION. (a) If the tax is authorized at an election under Section 49.107, Water Code, the board annually may impose an ad valorem tax to provide money: (1) necessary to construct or acquire, maintain, and operate works, plants, and f…

Sec. 9092.0403. DEPOSITORY. (a) The board shall designate one or more banks in the district to serve as a depository for the district's money. (b) District money shall be deposited in a designated depository, except that sufficient money shall be remitted to the bank or banks of …

Sec. 9092.0404. FORM OF RECORDS AND ACCOUNTS. District records and accounts must conform to approved methods of bookkeeping. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April 1, 2027. Text of section effective on April 01, 2027

Sec. 9092.0405. AUDIT REPORT. (a) The audit report prepared under Subchapter G, Chapter 49, Water Code, shall be submitted at the first regular board meeting after the audit is completed. (b) A copy of the audit report shall be filed: (1) as required by Section 49.194, Water Code…

Sec. 9092.0406. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. The district is not required to pay a tax or assessment on a district project or any part of the project. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April 1, 2027. SUBCHAPTER E. BORROWED MON…

Sec. 9092.0501. AUTHORITY TO BORROW MONEY AND ISSUE BONDS. The district may borrow money and issue bonds to carry out any power conferred by this chapter, including to provide money to purchase or otherwise provide works, plants, facilities, or appliances necessary to accomplish …

Sec. 9092.0502. FORM OF BONDS. District bonds must be: (1) issued in the district's name; (2) signed by the president; and (3) attested by the secretary. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April 1, 2027. Text of section effective on April 01…

Sec. 9092.0503. MATURITY. District bonds must mature not later than 40 years after the date of their issuance. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April 1, 2027. Text of section effective on April 01, 2027

Sec. 9092.0504. ELECTION FOR BONDS PAYABLE FROM AD VALOREM TAXES. (a) District bonds, other than refunding bonds, payable wholly or partly from ad valorem taxes may not be issued unless authorized by an election at which a majority of the votes cast favor the bond issuance. (b) T…

Sec. 9092.0505. BONDS PAYABLE FROM REVENUE. (a) In this section, "net revenue" means the district's gross revenue less the amount necessary to pay the reasonable cost of maintaining and operating the district and the district's property. (b) The board may issue bonds payable, as …

Sec. 9092.0506. BONDS PAYABLE FROM AD VALOREM TAXES. The board may issue bonds payable, as pledged by board resolution, from: (1) ad valorem taxes of the district; or (2) ad valorem taxes and revenue of the district. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. …

Sec. 9092.0507. TAX AND RATE REQUIREMENTS. (a) If the district issues bonds payable wholly or partly from ad valorem taxes, the board shall impose an ad valorem tax sufficient to pay the bonds and the interest on the bonds as the bonds and interest become due. The board shall tak…

Sec. 9092.0508. ADDITIONAL SECURITY. (a) District bonds, including revenue bonds, that are not payable wholly from ad valorem taxes may be additionally secured, at the board's discretion, by a deed of trust or mortgage lien on the district's physical property and on all franchise…

Sec. 9092.0509. TRUST INDENTURE. (a) District bonds, including revenue bonds, that are not payable wholly from ad valorem taxes may be additionally secured by a trust indenture. The trustee may be a bank with trust powers located inside or outside this state. (b) A trust indentur…

Sec. 9092.0510. INTERIM BONDS OR NOTES. Before issuing definitive bonds, the board may issue interim bonds or notes exchangeable for definitive bonds. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.03, eff. April 1, 2027. Text of section effective on April 01, 2…

Sec. 9092.0511. USE OF BOND PROCEEDS. (a) The district may set aside an amount of proceeds from the sale of district bonds for the payment of interest expected to accrue during construction and a reserve interest and sinking fund. The resolution authorizing the bonds may provide …

Sec. 9092.0512. APPOINTMENT OF RECEIVER. (a) On default or threatened default in the payment of principal of or interest on district bonds that are payable wholly or partly from revenue, a court may, on petition of the holders of outstanding bonds, appoint a receiver for the dist…