CHAPTER 9006. CLEAR CREEK WATERSHED AUTHORITY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS
CHAPTER 9006. CLEAR CREEK WATERSHED AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9006.001. DEFINITIONS. In this chapter:
(1) "Authority" means the Clear Creek Watershed Authority.
(2) "Board" means the authority's board of directors.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.002. NATURE OF AUTHORITY. The Clear Creek Watershed
Authority is a conservation and reclamation district created to
control, store, preserve, and distribute storm and flood waters
along Clear Creek and tributaries in Cooke, Denton, Montague, and
Wise Counties, as authorized by Section 59, Article XVI, Texas
Constitution.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
authority is created to serve a public use and benefit.
(b) All territory and other property included within the
boundaries of the authority will benefit from the projects,
improvements, works, and measures to be constructed and
accomplished by the authority under powers conferred by Section
59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.004. AUTHORITY TERRITORY; EXCLUSION. (a) The
authority is composed of portions of Cooke, Denton, Montague, and
Wise Counties as described by Sections 2 and 2a, Chapter 372,
Acts of the 56th Legislature, Regular Session, 1959 (Article
8280-234, Vernon's Texas Civil Statutes), as that territory may
have been modified under:
(1) Subchapter O, Chapter 51, Water Code, before September 1,
1995;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) An error or discrepancy in the field notes of the
authority's boundaries contained in Section 2, Chapter 372, Acts
of the 56th Legislature, Regular Session, 1959 (Article 8280-234,
Vernon's Texas Civil Statutes), does not affect the validity of
the authority or any of its powers.
(c) Territory in the authority that is annexed by a municipality
on or after January 1, 2009, remains in the authority.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
878, Sec. 2, eff. June 19, 2009.
Sec. 9006.005. APPLICABILITY OF OTHER LAW. Except as provided
in this chapter, general laws pertaining to water control and
improvement districts govern the authority.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9006.051. COMPOSITION. The board consists of nine
directors.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.052. ELIGIBILITY TO SERVE. A director of the
authority or any subordinate district must be a landowner within
the authority and reside in Cooke, Denton, Montague, or Wise
County. A director who fails to meet the requirements of this
section shall vacate the director's office.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9006.101. GENERAL POWERS. To accomplish a purpose for
which the authority is created, the authority has the powers
conferred by the general laws of this state on water control and
improvement districts, including the power to:
(1) construct, acquire, improve, maintain, or repair a dam or
other structure; and
(2) acquire land, easements, equipment, or other property needed
to use, control, or distribute storm or flood waters that may be
impounded, diverted, or controlled by the authority.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.102. LIMIT ON IMPOUNDING WATER. The authority's right
to impound water is subject to a prior grant or permit issued by
the Texas Commission on Environmental Quality.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.103. RESTRICTION ON EMINENT DOMAIN POWER. The
authority may not exercise the power of eminent domain outside
authority boundaries.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.104. COST OF RELOCATING OR ALTERING PROPERTY. If the
authority in the exercise of the power of eminent domain, the
power of relocation, or any other powers granted under this
chapter makes necessary relocating, raising, rerouting, changing
the grade of, or altering the construction of any highway,
railroad, electric transmission line, telephone or telegraph
property or facility, or pipeline, the authority or the
subordinate district is solely responsible for the expense of
that necessary action.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 9006.201. ISSUANCE OF BONDS. To accomplish an authority
purpose and to obtain money necessary to furnish land or
easements or permanent improvements on the land or easements, the
authority may issue and secure bonds as provided by general law
for water control and improvement districts.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.202. PLEDGE OF REVENUE TO PAY BONDS. When the board
selects a plan of taxation, the board may pledge authority
revenue to pay bonds authorized by voters.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.203. USE OF AD VALOREM TAXATION PLAN. The authority
shall use the ad valorem plan of taxation.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.204. PLAN OR METHOD OF TAXATION; HEARING. (a) Except
as provided by Subsection (b), after adopting a plan or method of
taxation, the authority may call a hearing to consider changing
the method of taxation. The authority shall call the hearing in
the same manner used for the hearing to adopt the original plan
of taxation.
(b) Once bonds are approved by the attorney general or district
court, the political subdivision issuing the bonds may not change
its plan of taxation.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.205. MAINTENANCE TAX ELECTION PROCEDURES. (a) A
maintenance tax election shall be called and notice given in the
same manner as provided for a bond election.
(b) This chapter does not prevent the calling of a later
maintenance tax election to establish or increase the amount of
tax if the board determines that a maintenance tax election is
required.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.206. MAINTENANCE TAX RATE. In calling a maintenance
tax election, the board must specify the maximum proposed tax
rate. To impose a maintenance tax at a rate that exceeds the
maximum proposed rate approved by the voters, the board must
submit the question of a tax rate increase to the voters.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Sec. 9006.207. AUTHORITY PROPERTY NOT SUBJECT TO TAXATION.
Property owned by the authority is exempt from ad valorem taxes
imposed by a county, municipality, school district, or other
entity.
Added by Acts 2005, 79th Leg., Ch.
729, Sec. 1.08, eff. April 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
878, Sec. 3, eff. June 19, 2009.