CHAPTER 7210. FORT GRIFFIN SPECIAL UTILITY DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE C. SPECIAL UTILITY DISTRICTS
CHAPTER 7210. FORT GRIFFIN SPECIAL UTILITY DISTRICT
For contingent expiration of this chapter, see Section 7210.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7210.001. DEFINITION. In this chapter, "district" means
the Fort Griffin Special Utility District.
Added by Acts 2007, 80th Leg., R.S., Ch.
872, Sec. 1, eff. June 15, 2007.
Sec. 7210.002. NATURE OF DISTRICT. The district is a special
utility district in portions of Shackelford, Stephens, and
Throckmorton Counties created under and essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution. The
district is created to serve a public use and benefit.
Added by Acts 2007, 80th Leg., R.S., Ch.
872, Sec. 1, eff. June 15, 2007.
Sec. 7210.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation and initial
directors' election held before September 1, 2009:
(1) the district is dissolved on September 1, 2009, except that:
(A) any debts of the district incurred shall be paid;
(B) any assets of the district that remain after the payment of
debts shall be transferred to Shackelford, Stephens, and
Throckmorton Counties as appropriate; and
(C) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
872, Sec. 1, eff. June 15, 2007.
Sec. 7210.004. APPLICABILITY OF OTHER SPECIAL UTILITY DISTRICT
LAW. Except as otherwise provided by this chapter, Chapters 49
and 65, Water Code, apply to the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
872, Sec. 1, eff. June 15, 2007.
Sec. 7210.005. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of the
Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative
process does not affect:
(1) the organization, existence, or validity of the district;
(2) the right of the district to issue any type of bond,
including a refunding bond, for a purpose for which the district
is created or to pay the principal of and interest on a bond; or
(3) the legality or operation of the district or the board of
directors of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
872, Sec. 1, eff. June 15, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Section 7210.024.
Sec. 7210.021. TEMPORARY DIRECTORS. (a) The temporary board of
directors of the district is composed of:
(1) E. D. "Buddy" Fincher;
(2) Sam R. Snyder;
(3) Burrell R. McKelvain;
(4) John A. Adams;
(5) James Lamoine Johnson;
(6) Sidney Collinsworth; and
(7) Richard Lawrence Spore.
(b) Each temporary director shall qualify for office as provided
by Section 49.055, Water Code.
(c) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than four
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of
directors to fill all vacancies on the board.
(d) Temporary directors serve until initial directors are
elected under Section 7210.022.
(e) As soon as practicable after all the temporary directors
have qualified under Section 49.055, Water Code, the temporary
directors shall meet and elect officers from among their
membership.
Added by Acts 2007, 80th Leg., R.S., Ch.
872, Sec. 1, eff. June 15, 2007.
Sec. 7210.022. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary directors shall hold an election to confirm
the creation of the district and to elect seven initial directors
in accordance with Chapters 49 and 65, Water Code, on or before
September 1, 2009.
(b) The temporary board of directors shall determine the method
for determining the initial term of each person on the initial
board of directors. The terms must be clearly stated on the
ballot for the confirmation and directors' election.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
(d) Initial directors serve until the first regularly scheduled
election of directors under Subchapter C, Chapter 65, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
872, Sec. 1, eff. June 15, 2007.
Sec. 7210.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If the
district's creation is confirmed under Section 7210.022, the
Shackelford Water Supply Corporation shall transfer the assets,
debts, and contractual rights and obligations of the corporation
to the district.
(b) Not later than the 30th day after the date of the transfer
under Subsection (a), the board of directors of the Shackelford
Water Supply Corporation shall commence dissolution proceedings
of the corporation.
(c) On dissolution of the Shackelford Water Supply Corporation,
Certificate of Convenience and Necessity No. 11637 is considered
to be held by the district.
(d) The board of directors of the Shackelford Water Supply
Corporation shall notify the Texas Commission on Environmental
Quality of the dissolution of the corporation and of the transfer
of Certificate of Convenience and Necessity No. 11637 to the
district.
(e) On receipt of notice under Subsection (d), the Texas
Commission on Environmental Quality shall note in its records
that Certificate of Convenience and Necessity No. 11637 is held
by the district and shall reissue the certificate in the name of
the district without further application, notice, or hearing. A
person does not have a right to protest or to request an
administrative review of the transfer prescribed by this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
872, Sec. 1, eff. June 15, 2007.
Sec. 7210.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
872, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7210.051. DIRECTORS. The district is governed by a board
of not fewer than five and not more than 11 directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
872, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7210.101. GENERAL POWERS. Except as otherwise provided by
this subchapter, the district has all of the rights, powers,
privileges, functions, and duties provided by the general law of
this state, including Chapters 49 and 65, Water Code, applicable
to special utility districts created under Section 59, Article
XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
872, Sec. 1, eff. June 15, 2007.
Sec. 7210.102. WATER SERVICE IMPACT FEE. (a) The district may
charge a water service impact fee that is equal to the equity
buy-in fee charged by the Shackelford Water Supply Corporation on
December 31, 2006, under that corporation's tariff.
(b) Chapter 395, Local Government Code, does not apply to the
initial water service impact fee set under this section.
(c) The district may increase the water service impact fee only
as provided by Chapter 395, Local Government Code, or as approved
by the Texas Commission on Environmental Quality.
Added by Acts 2007, 80th Leg., R.S., Ch.
872, Sec. 1, eff. June 15, 2007.