Title SD, Special District Local Laws Code

Sec. 9305.0105. 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. 9305.0106. 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. 1.04, eff. April 1, 2027. SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS Te…

Sec. 9305.0201. COMPOSITION OF BOARD. The board consists of five elected directors. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027. Text of section effective on April 01, 2027

Sec. 9305.0202. QUALIFICATIONS. A director must: (1) be at least 18 years of age; and (2) reside in and own land in the district. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027. Text of section effective on April 01, 2027

Sec. 9305.0203. NOTICE OF ELECTION. Notice of a directors' election must be published once in a newspaper of general circulation in the district at least 30 days before the election date. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027. Tex…

Sec. 9305.0204. 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. 9305.0205. OFFICERS. (a) The board shall elect from the board's membership a president, a vice president, and any other officers the board determines necessary. (b) The board shall appoint a secretary and a treasurer, who are not required to be directors. The board may combi…

Sec. 9305.0206. VOTE BY 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. 1.04, eff. April 1, 2027. Text of section effective on April 01, 2027

Sec. 9305.0207. ABSENCE OR INACTION OF 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), Sec. 1.…

Sec. 9305.0208. 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. 1.04, eff. April 1, 2027. Text of section effective on April 01,…

Sec. 9305.0209. EMPLOYEES. The board may employ a general manager, attorneys, accountants, engineers, 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 (H.B. 1615), Sec. 1.0…

Sec. 9305.0210. EXPENDITURES. The board 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. 1.04, eff. April 1, 2027. Te…

Sec. 9305.0211. SEAL. The board may adopt a seal for the district. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027. SUBCHAPTER C. POWERS AND DUTIES Text of section effective on April 01, 2027

Sec. 9305.0301. GENERAL POWERS. The district may: (1) control, store, and distribute the water and flood water in the district for or in aid of conserving, preserving, reclaiming, and improving the land and soil in the district; (2) carry out flood prevention measures to prevent …

Sec. 9305.0302. EMINENT DOMAIN. (a) To carry out a power conferred by this chapter, the district may exercise the power of eminent domain to acquire land and easements in the district. (b) The district must exercise the power of eminent domain in the manner provided by Chapter 21…

Sec. 9305.0303. COST OF RELOCATING OR ALTERING PROPERTY. (a) In this section, "sole expense" means the actual cost of relocating, raising, lowering, rerouting, changing the grade of, or altering the construction of a facility described by Subsection (b) in providing comparable re…

Sec. 9305.0304. SURVEYS AND INVESTIGATIONS. The board may conduct a survey or an engineering investigation to provide information for the district to facilitate the accomplishment of a purpose for which the district is created. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1…

Sec. 9305.0305. POWER TO QUALIFY FOR BENEFITS UNDER OTHER LAW. The district has the power necessary to fully qualify for and gain the full benefits of any law helpful in carrying out the purposes for which the district is created. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B…

Sec. 9305.0401. AUTHORITY TO IMPOSE TAX; LIMITATION ON TAX RATE; 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 oper…

Sec. 9305.0402. TAX METHOD. (a) The district shall use the ad valorem plan of taxation. (b) The board is not required to hold a hearing on the adoption of a plan of taxation. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027. Text of section …

Sec. 9305.0403. DEPOSITORY. (a) The board shall designate one or more banks to serve as a depository for district money. (b) District money shall be deposited in a designated depository, except that money shall be remitted to the bank of payment to pay the principal of and intere…

Sec. 9305.0404. 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. 1.04, eff. April 1, 2027. SUBCHAPTER E. BONDS Text o…

Sec. 9305.0501. AUTHORITY TO ISSUE BONDS; TAXES FOR BONDS. (a) The district may issue bonds payable from ad valorem taxes imposed on all taxable property in the district to provide dams, structures, projects, and works of improvement for flood prevention, including structural and…

Sec. 9305.0502. BOND ELECTION REQUIRED. (a) District bonds, other than refunding bonds, may not be issued unless authorized by an election at which a majority of the votes cast favor the bond issuance. (b) The board may order an election under this section without a petition. The…

Sec. 9305.0503. 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. 1.04, eff. April 1, 2027. Text of section effective on April 01…

Sec. 9305.0504. 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. 1.04, eff. April 1, 2027. Text of section effective on April 01, 2027

Sec. 9305.0505. 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 to accrue during construction and for one year after construction and a reserve interest and sinking fund. (b) The district may u…

Sec. 9305.0506. REFUNDING BONDS. (a) The district without an election may issue refunding bonds for the purpose of refunding outstanding bonds authorized by this chapter and the interest on those bonds. (b) Refunding bonds the district issues may be issued to refund bonds of more…

Sec. 9305.0507. BONDS EXEMPT FROM TAXATION. A district bond, the transfer of the bond, and the income from the bond, including profits made on the sale of the bond, are exempt from taxation in this state. Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. A…