CHAPTER 7211. SAN JACINTO SPECIAL UTILITY DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE C. SPECIAL UTILITY DISTRICTS
CHAPTER 7211. SAN JACINTO SPECIAL UTILITY DISTRICT
For contingent expiration of this chapter, see Section 7211.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7211.001. DEFINITION. In this chapter, "district" means
the San Jacinto Special Utility District.
Added by Acts 2007, 80th Leg., R.S., Ch.
528, Sec. 1, eff. June 16, 2007.
Sec. 7211.002. NATURE OF DISTRICT. The district is a special
utility district in San Jacinto County 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.
528, Sec. 1, eff. June 16, 2007.
Sec. 7211.003. 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 San Jacinto County; 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.
528, Sec. 1, eff. June 16, 2007.
Sec. 7211.004. 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.
528, Sec. 1, eff. June 16, 2007.
Sec. 7211.005. 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.
528, Sec. 1, eff. June 16, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Section 7211.024.
Sec. 7211.021. TEMPORARY DIRECTORS. (a) The temporary board of
directors of the district is composed of:
(1) Billy Weaver;
(2) Miller Thompson;
(3) Chuck Mason;
(4) Dennis Ready; and
(5) Phil Runge.
(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 7211.022.
(e) As soon as practicable after all the temporary directors
have qualified under Section 49.055, Water Code, the temporary
directors shall convene the organizational meeting of the
district and elect officers from among the temporary directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
528, Sec. 1, eff. June 16, 2007.
Sec. 7211.022. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary directors shall hold an election to confirm
the creation of the district and to elect five 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.
528, Sec. 1, eff. June 16, 2007.
Sec. 7211.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If the
district's creation is confirmed under Section 7211.022, the San
Jacinto 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 San Jacinto
Water Supply Corporation shall commence dissolution proceedings
of the corporation.
(c) On dissolution of the San Jacinto Water Supply Corporation,
Certificate of Convenience and Necessity No. 10124 is considered
to be held by the district.
(d) The board of directors of the San Jacinto 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. 10124 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. 10124 is held
by the district and shall reissue the certificate in the name of
the district without further application or notice. A person
does not have a right to protest or request an administrative
review of the transfer prescribed by this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
528, Sec. 1, eff. June 16, 2007.
Sec. 7211.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
528, Sec. 1, eff. June 16, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7211.051. 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.
528, Sec. 1, eff. June 16, 2007.
Sec. 7211.052. QUALIFICATIONS FOR DIRECTORS. Notwithstanding
Section 65.102, Water Code, to be qualified to serve as a
director, a person must be:
(1) at least 18 years old;
(2) a resident citizen of this state; and
(3) either a user of the district facilities or a qualified
voter of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
528, Sec. 1, eff. June 16, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7211.101. GENERAL POWERS. 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.
528, Sec. 1, eff. June 16, 2007.
Sec. 7211.102. WATER SERVICE IMPACT FEE. (a) The district may
charge a water service impact fee that is equal to the tap fee
charged by the San Jacinto 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.
528, Sec. 1, eff. June 16, 2007.
Sec. 7211.103. LIMIT ON EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain to condemn, for sanitary
sewer purposes, land, easements, or other property located
outside the boundaries of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
528, Sec. 1, eff. June 16, 2007.