CHAPTER 7502. LAKE PROCTOR IRRIGATION AUTHORITY OF COMANCHE COUNTY, TEXAS
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE D. IRRIGATION DISTRICTS
CHAPTER 7502. LAKE PROCTOR IRRIGATION AUTHORITY
OF COMANCHE COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7502.001. DEFINITIONS. In this chapter:
(1) "Authority" means the Lake Proctor Irrigation Authority of
Comanche County, Texas.
(2) "Board" means the board of directors of the authority.
(3) "Commission" means the Texas Commission on Environmental
Quality.
(4) "Director" means a member of the board.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.002. NATURE OF AUTHORITY; POLITICAL SUBDIVISION. The
Lake Proctor Irrigation Authority of Comanche County, Texas, is:
(1) a conservation and reclamation district under Section 59,
Article XVI, Texas Constitution; and
(2) a political subdivision of this state.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.003. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) this chapter will accomplish the purposes of Section 59,
Article XVI, Texas Constitution;
(2) all land and other property included in the authority's
boundaries will benefit from the works, projects, and operations
of the authority; and
(3) the authority serves a public use and benefit.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.004. AUTHORITY BOUNDARIES. (a) The authority is
composed of the territory described by Section 4(a), Chapter 522,
Acts of the 71st Legislature, Regular Session, 1989, as that
territory may have been modified under:
(1) Subchapter N, Chapter 58, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The legislature finds that the boundaries of the authority
form a closure. If any mistake exists in the description of the
authority's boundaries, the mistake does not affect:
(1) the authority's organization, existence, or validity; or
(2) the exercise of a power, function, or purpose by the
authority under this chapter.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7502.051. COMPOSITION. The board consists of five
directors.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.052. QUALIFICATIONS. A director must:
(1) be at least 18 years of age; and
(2) own land, or an interest in land in the authority, directly
or as an interest in an entity owning that land at the time of
the person's appointment as a director.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.053. APPOINTMENT OF DIRECTORS BY COMMISSION; TERM.
The commission shall:
(1) appoint a person recommended to the board under Section
7502.054 or 7502.055 for a four-year term; or
(2) reject the person recommended.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.054. RECOMMENDATION BY LANDOWNERS. (a) The board
shall seek recommendations from the landowners in the authority
for the appointment of directors. The board shall take a
recommendation for each director whose term expires in January
following the annual board meeting held in odd-numbered years.
(b) To determine a recommendation, the board shall conduct a
written poll of the landowners in the authority in attendance at
the annual board meeting held in odd-numbered years.
(c) For each recommendation taken, a landowner is entitled to
one vote for each acre of land the person owns in the authority.
Cumulative voting for recommendations is not permitted.
(d) The board shall submit to the Texas Commission on
Environmental Quality the name of the person receiving the most
votes for each recommendation taken.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.055. RECOMMENDATION OF DIRECTOR FOLLOWING REJECTION BY
COMMISSION. (a) If the commission rejects a recommendation
submitted by the board, the board shall hold a special meeting of
landowners not later than the 20th day after the date notice of
the meeting is mailed to the landowners in the authority.
(b) At the special meeting, the board shall conduct a written
poll and submit the results of the poll to the commission in the
same manner as the poll conducted at the annual meeting.
(c) The board shall hold subsequent special meetings as needed
for the appointment of the appropriate number of directors.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.056. VACANCIES. A vacancy on the board is filled for
the remainder of the unexpired term by appointment by:
(1) the remaining directors, if three or more directors remain
on the board; or
(2) the Texas Commission on Environmental Quality, if fewer than
three directors remain on the board.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.057. COMPENSATION. Unless the board by resolution
increases the fee to an amount authorized by Section 49.060,
Water Code, each director shall receive a fee of $50 for each day
spent performing official duties as a director, not to exceed
$200 per month.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.058. REGULAR BOARD MEETINGS. The board shall hold
regular meetings at least annually.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7502.101. GENERAL RIGHTS, POWERS, PRIVILEGES, FUNCTIONS,
AND DUTIES. The authority has the rights, powers, privileges,
functions, and duties provided by general law, including Chapter
58, Water Code, applicable to irrigation districts.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.102. GENERAL POWERS OF BOARD. The board shall provide
for:
(1) the proper execution of all contracts, disbursements, and
transfers;
(2) the investment of money; and
(3) the handling of any other matter authorized by the board and
recorded in the official minutes of the authority.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.103. AWARD OF CERTAIN CONTRACTS. (a) The authority
may award a contract for more than $25,000 for the construction
of water system improvements or the purchase of materials and
machinery only after publishing notice of the proposed
construction or purchase contract in a newspaper of general
circulation in Comanche County.
(b) Notice under Subsection (a) must be published once a week
for two consecutive weeks, with the first publication occurring
at least 14 days before the date sealed bids are opened.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.104. EXCLUSION OF LAND. (a) If the authority has no
outstanding bonds, the board may exclude land or other property
from the authority under Subchapter J, Chapter 49, Water Code.
(b) The board may require a petitioner for exclusion to:
(1) pay the authority:
(A) the fair market value of submains, lateral lines, surface
lines, and emitters located on land disannexed from the
authority; and
(B) the actual cost of disconnecting submains, lateral lines,
surface lines, and emitters located on land disannexed from the
authority; and
(2) provide, without charge, an easement across the excluded
land if, in the opinion of the board, the easement is necessary
for the authority to continue to serve other property in the
authority effectively and efficiently.
(c) For purposes of Subsection (b), the fair market value must
be determined by an independent appraisal unless the fair market
value is mutually agreed on.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.105. FAILURE TO REPAIR OR IMPROVE. (a) If the board
finds that the failure or refusal of a landowner receiving water
from the authority to make repairs or improvements to any of the
landowner's water lines connected to the authority's water system
adversely affects the system, the board may:
(1) discontinue service to the land; or
(2) give notice to the landowner that the board will make
necessary repairs or improvements and demand payment from the
landowner for the costs incurred unless the landowner makes the
repairs or improvements not later than the 10th day after the
date the landowner receives the notice.
(b) If the board discontinues service to the land, the authority
shall immediately give notice to the landowner.
(c) The notice and the 10-day period for the landowner to make
repairs or improvements under Subsection (a)(2) does not apply if
there is an urgent necessity to make the repairs or improvements
immediately to protect and conserve the authority's water supply.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7502.151. USE OF BOND PROCEEDS FROM PREVIOUS DISTRICT. The
authority may use any bond or bond retirement funds not canceled
under Section 3, Chapter 522, Acts of the 71st Legislature,
Regular Session, 1989, for any lawful purpose.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.152. AD VALOREM TAXES PROHIBITED. The authority may
not impose an ad valorem tax.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.153. ASSESSMENTS FOR COSTS AND EXPENSES. (a) Before
October 1 of each year, or as soon after that date as
practicable, the board shall:
(1) estimate the total costs and expenses to be incurred by the
authority during the ensuing fiscal year for the proper
maintenance and operation of the authority's facilities,
including any necessary reserves and replacement funds; and
(2) impose assessments to provide money to pay those costs and
expenses.
(b) The board, in its discretion, shall determine the costs and
expenses that will be paid by:
(1) an assessment on all of the land in the authority on a per
acre basis; and
(2) an assessment on a prorated basis on all persons who use or
apply to use the authority's water.
(c) The board shall:
(1) determine the time at which payment of an assessment is due;
(2) provide a penalty for late payment;
(3) provide for collection charges and termination of water
service for delinquent accounts;
(4) allow an assessment to be paid in periodic installments;
(5) allow a reasonable discount for lump-sum payment of an
assessment; and
(6) adopt any other rules regarding assessments and use of the
authority's water the board determines necessary for proper and
efficient operation and maintenance of the authority's
facilities.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
SUBCHAPTER E. BONDS
Sec. 7502.201. AUTHORITY TO ISSUE REVENUE BONDS. The board may
issue revenue bonds of the authority.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.202. PURPOSE OF BONDS. Bonds sold under this
subchapter must be for the purpose of:
(1) constructing improvements, additions, and extensions to the
authority's water system and rebuilding, replacing, or protecting
the water system as required to provide efficient service;
(2) acquiring necessary sites and easements; and
(3) paying any incidental costs, professional fees, and costs of
issuance of the bonds.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.203. SECURITY FOR REVENUE BONDS. (a) The principal
of and interest on revenue bonds issued under this subchapter and
the redemption price of the bonds must be secured by and payable
solely from a pledge of all or any part of designated revenue
resulting from the operations of the authority's water system.
(b) The board additionally may secure revenue bonds issued under
this subchapter by a deed of trust or mortgage lien on all or
part of the physical facilities of the authority as provided by
Section 54.504, Water Code.
(c) The holders of revenue bonds issued under this subchapter
may not demand payment from money raised or to be raised from
taxation.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.204. MATURITY OF BONDS. Revenue bonds issued under
this subchapter may be issued to mature within 30 years after the
date of issuance.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.205. CAPITALIZED INTEREST AND DISCOUNT ON BONDS. (a)
Capitalized interest on bonds issued under this subchapter may
not exceed two years.
(b) A discount on bonds issued under this subchapter may not
exceed five percent of the par value of the bonds.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.
Sec. 7502.206. VALIDATION OF BONDS. The board may file suit to
validate bonds in the manner provided by Section 58.453, Water
Code.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.05, eff. April 1, 2007.