CHAPTER 9027. BOLIVAR YACHT BASIN WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF GALVESTON COUNTY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS
CHAPTER 9027. BOLIVAR YACHT BASIN WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 1 OF GALVESTON COUNTY
For contingent expiration of this chapter, see Section 9027.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9027.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Bolivar Yacht Basin Water Control and
Improvement District No. 1 of Galveston County.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
Sec. 9027.002. NATURE OF DISTRICT. The district is a water
control and improvement district in Galveston County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
Sec. 9027.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 9027.023 before September 1, 2011:
(1) the district is dissolved September 1, 2011, except that the
district shall:
(A) pay any debts incurred;
(B) transfer to Galveston County any assets that remain after
the payment of debts; and
(C) maintain the organization of the district until all debts
are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
Sec. 9027.004. 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 impose taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 9027.025.
Sec. 9027.021. TEMPORARY DIRECTORS. (a) On or after September
1, 2007, a person who owns land in the district may submit a
petition to the Texas Commission on Environmental Quality
requesting that the commission appoint as temporary directors the
five persons named in the petition.
(b) The commission shall appoint as temporary directors the five
persons named in the first petition received by the commission.
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 9027.023; or
(2) the date this chapter expires under Section 9027.003.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
Sec. 9027.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 49.055, Water Code, the temporary
directors shall meet at a location in the district agreeable to a
majority of the directors. If a location cannot be agreed upon,
the meeting shall be at the Galveston County Courthouse. At the
meeting the temporary directors shall elect officers from among
the temporary directors and conduct any other district business.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
Sec. 9027.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
The temporary directors shall hold an election to confirm the
creation of the district and to elect five directors as provided
by Section 49.102, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
Sec. 9027.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 9027.023 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors under Section 9027.052 and which three shall serve
until the second regularly scheduled election of directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
Sec. 9027.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9027.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
Sec. 9027.052. ELECTION OF DIRECTORS. On the uniform election
date in May of each even-numbered year, the appropriate number of
directors shall be elected.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9027.101. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 51, Water
Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution,
including the powers provided by Section 51.331, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
Sec. 9027.102. ROAD PROJECTS. (a) To the extent authorized by
Section 52, Article III, Texas Constitution, the district may
construct, acquire, improve, maintain, or operate macadamized,
graveled, or paved roads, or improvements in aid of those roads,
inside the district.
(b) A road project must meet or exceed all applicable
construction standards, zoning and subdivision requirements, and
regulatory ordinances of each municipality in whose corporate
limits or extraterritorial jurisdiction the district is located.
If the district is located outside the extraterritorial
jurisdiction of a municipality, a road project must meet or
exceed all applicable construction standards, zoning and
subdivision requirements, and regulatory ordinances of each
county in which the district is located.
(c) The district may not undertake a road project unless each
municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution. If a district is located outside the
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless each county in which the
district is located consents by ordinance or resolution.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
Sec. 9027.103. NAVIGATION POWERS. The district may purchase,
construct, acquire, own, operate, maintain, improve, or extend,
inside and outside the district, canals, waterways, bulkheads,
docks, and any other improvements or facilities necessary or
convenient to accomplish the navigation purposes of the district
under Chapters 60 and 62, Water Code, as authorized by Section
59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
Sec. 9027.104. DIVISION OF DISTRICT. (a) The district may be
divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) Any new district created by the division of the district has
all the powers and duties of the district.
(c) Any new district created by the division of the district may
not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owners of a majority of the assessed value of real
property in the district according to the most recent certified
appraisal roll for Galveston County, may adopt an order dividing
the district.
(e) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds of each new district;
(3) appoint temporary directors for each new district; and
(4) provide for the division of assets and liabilities among the
new districts.
(f) On or before the 30th day after the date of adoption of an
order dividing the district, the district shall file the order
dividing the district with the Texas Commission on Environmental
Quality and record the order in the real property records of
Galveston County.
(g) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 49.102, Water Code.
(h) Any new district created by the division of the district
must hold an election in the manner provided by Chapters 49 and
51, Water Code, to obtain voter approval before the district may
impose a maintenance tax or issue bonds payable wholly or partly
from ad valorem taxes.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9027.151. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of or interest on bonds issued under
Section 9027.201.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.
SUBCHAPTER E. BONDS
Sec. 9027.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
(a) The district may issue bonds or other obligations as
provided by Chapters 49 and 51, Water Code, to finance the
construction, maintenance, or operation of projects under
Sections 9027.101 and 9027.102.
(b) The district may not issue bonds to finance projects
authorized by Section 9027.102 unless the issuance is approved by
a vote of a two-thirds majority of district voters voting at an
election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 9027.102 may not exceed one-fourth
of the assessed value of the real property in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1289, Sec. 1, eff. September 1, 2007.