CHAPTER 8283. GREATER TEXOMA UTILITY AUTHORITY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8283. GREATER TEXOMA UTILITY AUTHORITY
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8283.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the authority.
(2) "Director" means a member of the board.
(3) "Authority" means the Greater Texoma Utility Authority.
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. 8283.002. NATURE OF AUTHORITY. (a) The authority is a
conservation and reclamation district created under Section 59,
Article XVI, Texas Constitution.
(b) The authority is a political subdivision of this 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. 8283.003. 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.
SUBCHAPTER B. AUTHORITY TERRITORY; ANNEXATION
Text of section effective on April 01, 2011
Sec. 8283.051. AUTHORITY TERRITORY. The authority is composed
of the territory that was included in the corporate boundaries of
the cities of Denison and Sherman on May 2, 1979, as that
territory may have been modified under:
(1) Section 2 or 4, Chapter 97, Acts of the 66th Legislature,
Regular Session, 1979;
(2) Subchapter H, Chapter 54, Water Code;
(3) Subchapter J, Chapter 49, Water Code; or
(4) other law.
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. 8283.052. ANNEXATION. (a) The authority may annex
territory only as specified by this section.
(b) A municipality, by resolution or ordinance adopted by its
governing body, may request that the territory then included in
its corporate limits be annexed to the authority. On receipt of
the request, the board shall proceed in the manner provided by
Subsections (d) and (e).
(c) Territory that is annexed to a municipality after May 2,
1979, or after annexation of the municipality to the authority
may be annexed to the authority if the board determines the
annexation should be considered and proceeds in the manner
provided by Subsections (d) and (e).
(d) Under the circumstances described by this section, the board
shall call and hold a public hearing to determine if the
territory should be annexed. Notice of the hearing must be
published at least:
(1) once in a newspaper of general circulation in the area of
the authority and the territory proposed to be annexed; and
(2) 10 days before the date set for the hearing.
(e) If at the conclusion of the hearing the board finds that the
annexation would be in the best interest of the territory to be
annexed, the area in the authority, and the inhabitants of both,
it shall enter an order to that effect. The order finally
annexes the territory to the authority.
(f) An action to review the annexation of territory to the
authority may be brought in a district court in the county where
the principal office of the authority is located. An annexation
may be set aside for fraud or abuse of discretion.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER C. BOARD OF DIRECTORS
Text of section effective on April 01, 2011
Sec. 8283.101. COMPOSITION OF BOARD; TERMS. (a) The board
consists of at least six and not more than nine directors
appointed as follows:
(1) three directors appointed by the governing body of the City
of Denison;
(2) three directors appointed by the governing body of the City
of Sherman; and
(3) any directors appointed under Sections 8283.102 and
8283.103.
(b) Except for a director appointed under Section 8283.103, a
director serves a two-year term that begins January 1 following
the director's appointment.
(c) A director's term may not be shortened because of the
annexation of a municipality under Section 8283.102 or 8283.103.
(d) The City of Denison or the City of Sherman by ordinance may
provide for staggered terms for directors it appoints, but the
term of an incumbent may not be shortened or be longer than two
years.
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. 8283.102. APPOINTMENT OF DIRECTORS BY HOME-RULE
MUNICIPALITIES. (a) If a home-rule municipality is annexed, the
governing body of the municipality shall appoint a director whose
term begins January 1 following the annexation.
(b) If more than two home-rule municipalities are annexed, those
municipalities are collectively entitled to appoint two directors
and shall designate their directors by any method agreed to by
those municipalities.
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. 8283.103. APPOINTMENT OF DIRECTORS BY MUNICIPALITIES OTHER
THAN HOME-RULE MUNICIPALITIES. Municipalities, other than
home-rule municipalities, are collectively entitled to appoint
one director and shall designate their director by any method
agreed to by those municipalities.
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. 8283.104. QUALIFICATIONS FOR OFFICE. (a) Each director
must be a qualified voter of the municipality that appoints the
director.
(b) An officer, employee, or member of the governing body of a
municipal corporation may not be a director.
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. 8283.105. BOARD VACANCY. A vacancy in the office of
director shall be filled for the unexpired term, if applicable,
by the governing body of the municipality that appointed the
previous director.
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. 8283.106. REMOVAL FROM OFFICE. (a) Under procedures
adopted by board rule, the board may remove a director from
office only for malfeasance in office.
(b) The procedures must be designed to guarantee due process to
the director.
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. 8283.107. VOTING REQUIREMENT. A majority vote of the board
is required to adopt any measure.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER D. POWERS AND DUTIES
Text of section effective on April 01, 2011
Sec. 8283.151. MUNICIPAL UTILITY DISTRICT POWERS. Except as
otherwise provided by this chapter, the authority has the rights,
powers, privileges, and functions conferred and imposed by the
general law applicable to a municipal utility district created
under Section 59, Article XVI, Texas Constitution, including
those conferred by Chapters 30, 49, 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. 8283.152. ACQUISITION AND USE OF PROPERTY. The authority
may operate, control, purchase, construct, lease, or acquire,
inside or outside the boundaries of the authority, property,
works, facilities, or improvements, whether previously existing
or to be made, constructed, or acquired, that the board finds
necessary to carry out the powers granted by this chapter or
general law.
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. 8283.153. WATER RIGHTS. The authority may acquire,
develop, and use rights to groundwater or surface water.
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. 8283.154. EMINENT DOMAIN. To carry out an authority power
or purpose, the authority, in the manner provided by Chapter 49,
Water Code, may exercise the power of eminent domain to acquire
land, an easement, or other property inside or outside the
authority's boundaries.
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. 8283.155. GENERAL CONTRACT POWERS. (a) The authority may
enter into a contract with a person, including a political
subdivision, on terms the board considers desirable, fair, and
advantageous for:
(1) the purchase or sale of raw or treated water;
(2) the purchase, lease, use, management, control, or operation
of water treatment or distribution facilities or sewer collection
and treatment facilities, all or part of the facilities or
systems owned by the other political subdivision, in accordance
with terms mutually agreed on by the governing bodies of the
contracting parties; or
(3) planning, making preliminary surveys, investigations, or
feasibility reports, engineering, or reports of any kind.
(b) A contract for the acquisition of an existing water or sewer
facility may be made on terms approved by the contracting
parties.
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. 8283.156. WATER, SEWER, SOLID WASTE, OR DRAINAGE CONTRACTS;
ELECTION NOT REQUIRED. The authority and a municipal corporation
or other political subdivision may enter into a water, sewer,
solid waste, or drainage contract or any combination of those
contracts without the necessity of an election by any contracting
party to approve the contract.
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. 8283.157. TREATMENT OF PAYMENTS UNDER CERTAIN MUNICIPAL
CORPORATION CONTRACTS. A payment by a municipal corporation for
the purchase of water or the treatment and disposal of sewage is
a maintenance and operating expense of the utility system or
combined systems of the municipal corporation unless the
contract:
(1) provides for the municipal corporation to acquire an
ownership interest in the facilities; or
(2) makes other provisions.
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. 8283.158. STANDARD SPECIFICATIONS FOR FACILITIES IN GRAYSON
COUNTY. (a) In this section, "commission" means the Texas
Commission on Environmental Quality or its successor.
(b) Subject to Subsection (f), for area in Grayson County, the
authority by order may adopt standard specifications for
facilities designed or constructed to:
(1) store, treat, or transport water for domestic, municipal, or
industrial purposes to ensure that the facilities are adequate in
design to serve the needs of the area's inhabitants;
(2) collect, treat, and dispose of sewage; or
(3) dispose of solid waste.
(c) Before the specifications become final, the board must hold
a public hearing. The board must give notice of the hearing to
the commission and must publish in a newspaper of general
circulation in the area notice of the hearing one time at least
10 days before the date of the hearing so that any interested
party may present evidence for or against a proposed
specification.
(d) An appeal of an order adopting standard specifications may
be made to a district court of Grayson County. The substantial
evidence rule applies to the appeal.
(e) The authority is entitled to seek an injunction against:
(1) the construction of a facility, including an extension to an
existing facility, if the construction does not meet the
authority's standard specifications; or
(2) the operation of a facility if construction has begun and
the facility does not meet those specifications.
(f) A standard specification adopted under this section does not
apply to an area that, on the date the order is adopted, is
located inside the corporate boundaries or the extraterritorial
jurisdiction of a municipality unless approved by the governing
body of the municipality.
(g) The authority shall file the standard specifications with
the commission.
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. 8283.159. TAX PROHIBITION. The authority may not impose a
tax.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER E. BONDS
Text of section effective on April 01, 2011
Sec. 8283.201. REVENUE BONDS. The authority may issue revenue
bonds to carry out any of its powers, functions, or obligations.
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. 8283.202. BONDS FOR CERTAIN FACILITIES. If the authority
operates a facility under contract with a municipal corporation,
it may, if the contract permits the issuance, issue bonds to
improve or extend the facility.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.