CHAPTER 8273. EL PASO COUNTY TORNILLO WATER IMPROVEMENT DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8273. EL PASO COUNTY TORNILLO WATER IMPROVEMENT DISTRICT
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8273.001. DEFINITIONS. In this chapter:
(1) "Authority" means the El Paso County Tornillo Water
Improvement District.
(2) "Board" means the board of directors of the authority.
(3) "Director" means a member of the board.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.002. NATURE OF AUTHORITY. The authority is a
conservation and reclamation district in El Paso County created
under Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
authority is created to serve a public use and benefit.
(b) All land and other property included in the boundaries of
the authority will benefit from the works and projects
accomplished by the authority under the powers conferred by
Section 59, Article XVI, Texas Constitution.
(c) The creation of the authority is essential to accomplish the
purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.004. AUTHORITY TERRITORY. (a) The authority is
composed of the territory described by Section 3, Chapter 916,
Acts of the 70th Legislature, Regular Session, 1987, as that
territory may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the authority form a
closure. A mistake in the field notes or in copying the field
notes in the legislative process does not affect:
(1) the authority's organization, existence, or validity;
(2) the authority's right to impose a tax; or
(3) the legality or operation of the authority or its governing
body.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER B. BOARD OF DIRECTORS
Text of section effective on April 01, 2011
Sec. 8273.051. COMPOSITION OF BOARD; TERMS. (a) The authority
is governed by a board of seven directors elected to numbered
places.
(b) Directors serve staggered terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.052. DIRECTOR'S BOND. Each director shall execute a
bond for $5,000 payable to the authority and conditioned on the
faithful performance of the director's duties.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.053. OFFICIAL BOARD ACTIONS. The affirmative vote of
a majority of the directors is required for any official board
action.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.054. COMPENSATION. Unless the board by resolution
increases the fee to an amount authorized by Section 49.060,
Water Code, the authority may provide that each director is
entitled to receive $20 for each day of service necessary to
discharge the director's duties.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.055. CHANGING METHOD OF ELECTING DIRECTORS. If the
board determines that it is in the best interest of the residents
of the authority to change the method by which directors are
elected, the board may adopt any plan of redistricting, including
a plan based on equal geographical areas.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER C. POWERS AND DUTIES
Text of section effective on April 01, 2011
Sec. 8273.101. GENERAL POWERS. The authority may perform any
act consistent with the powers granted by this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.102. MUNICIPAL UTILITY DISTRICT POWERS. The authority
has the rights, powers, privileges, and functions conferred by
the general law applicable to a municipal utility district
created under Section 59, Article XVI, Texas Constitution,
including Chapters 49, 50, and 54, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.103. PERMITS; WATER SUPPLY ACQUISITION. The authority
may:
(1) acquire water appropriation permits, construction
permits, and other permits directly from the Texas Commission on
Environmental Quality or from owners of permits;
(2) acquire water or a water supply from any person, including a
public agency, this state, or the United States;
(3) contract with one or more substantial users of water to
acquire the water supply on an agreed allocation of storage space
between the authority and the user; or
(4) contract independently for the authority's water supply.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.104. DOMESTIC, INDUSTRIAL, OR COMMUNAL WASTE. The
authority may collect, transport, process, dispose of, and
control all domestic, industrial, or communal waste, whether in
fluid, solid, or composite state.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.105. WATER CONSERVATION PROGRAM. (a) In this
section, "program of water conservation" means the practices,
techniques, and technologies that will reduce water consumption,
reduce water loss or waste, improve efficiency in water use, or
increase water recycling and reuse so that a water supply is
available for future uses.
(b) The authority shall adopt and implement a program of water
conservation consistent with rules and criteria adopted and
enforced by the Texas Commission on Environmental Quality for
similarly situated districts in the region.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.106. ADDITIONAL POWERS. The authority may purchase,
construct, acquire, own, lease, operate, maintain, repair,
improve, and extend, inside or outside the authority's
boundaries, land or an interest in land, any work, improvement,
facility, plant, equipment, or appliance incident, helpful, or
necessary to provide for:
(1) the control, storage, preservation, transmission, treatment,
and distribution and use of storm water, floodwater, the water of
rivers and streams, and groundwater for municipal, domestic,
industrial, and other beneficial uses; and
(2) the collection, transportation, processing, disposition, and
control of domestic, industrial, or commercial waste.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8273.107. CONSTRUCTION CONTRACTS. (a) The authority may
award a construction contract that requires an expenditure of
more than $12,500 only after publication of notice to bidders
once each week for two consecutive weeks immediately before
awarding the contract.
(b) The notice must be published in a newspaper with general
circulation in the authority, as designated by the board.
(c) The notice must state:
(1) the time and place for opening the bids;
(2) the general nature of the work to be done or the material,
equipment, or supplies to be purchased; and
(3) the terms on which copies of the plans and specifications
may be obtained.
(d) The authority is not required to advertise work to be
performed in an emergency.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.