CHAPTER 9030. BURNET COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS
CHAPTER 9030. BURNET COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 1
For contingent expiration of this chapter, see Section 9030.004.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9030.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Director" means a member of the board.
(3) "District" means the Burnet County Water Control and
Improvement District No. 1.
(4) "Project" means a program or project authorized by this
chapter or general law, to be undertaken inside or outside the
boundaries of the district, that is necessary to accomplish the
public purposes of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.002. NATURE OF DISTRICT. The district is a water
control and improvement district in Burnet County created under
and essential to accomplish the purposes of Section 52, Article
III, and Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.003. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) all of the land and other property included in the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district pursuant to
the powers conferred by Section 52, Article III, and Section 59,
Article XVI, Texas Constitution; and
(2) the district serves a public use and benefit.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.004. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 9030.023 before September 1, 2011:
(1) the district is dissolved September 1, 2011, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Burnet County; and
(C) the organization of the district shall be maintained 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.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.005. 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; or
(3) the legality or operation of the district or the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.006. APPLICABILITY OF ADMINISTRATIVE PROVISIONS OF
OTHER LAW; CONFLICT OF LAW. The district shall operate as a
water control and improvement district and comply with the
administrative provisions of Chapter 51, Water Code, except as
otherwise provided by this chapter. The district shall also
comply with Chapter 49, Water Code, to the extent that chapter
does not conflict with Chapter 51 of that code. If there is a
conflict between Chapters 49 and 51, Water Code, Chapter 51
controls.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.007. LIBERAL CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the legislative
findings and purposes stated in this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 9030.025.
Sec. 9030.021. TEMPORARY DIRECTORS. (a) The temporary board is
composed of:
(1) Brian Carlton;
(2) Brandon Myers;
(3) Brent Wicker;
(4) Bob Sewell; and
(5) Brandon Raney.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of
persons to fill all vacancies on the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.022. 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 Burnet 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.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) 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.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation election held under this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 9030.023 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors and which three shall serve until the second regularly
scheduled election of directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9030.051. 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.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.052. 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.
945, Sec. 1, eff. September 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9030.101. WATER CONTROL AND IMPROVEMENT DISTRICT AND
MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has
all of the rights, powers, privileges, authority, functions, and
duties provided by the general law of this state applicable to:
(1) water control and improvement districts, including Chapters
49 and 51, Water Code; and
(2) municipal utility districts, including Chapter 54, Water
Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.102. ROAD PROJECTS. 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
Sec. 9030.103. CONTRACT WITH POLITICAL SUBDIVISION FOR WATER OR
SEWER SERVICES. (a) The district may enter into a contract to
allow a political subdivision to provide retail water or sewer
service in the district. The contract may contain terms the
board considers desirable, fair, and advantageous to the
district.
(b) The contract may provide that the district will construct or
acquire and convey to the political subdivision a water supply or
treatment system, a water distribution system, or a sanitary
sewage collection or treatment system, as necessary to provide
water or sewer service in the district.
(c) The district may use bond proceeds or other available
district money to pay for its obligations under, or for services
or facilities provided under, the contract.
(d) If the contract requires the district to make payments from
taxes other than operation and maintenance taxes, the contract is
subject to Section 49.108, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9030.151. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of or interest on bonds or other
obligations issued under Section 9030.201.
Added by Acts 2007, 80th Leg., R.S., Ch.
945, Sec. 1, eff. September 1, 2007.
SUBCHAPTER E. BONDS
Sec. 9030.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
(a) The district may issue bonds or other obligations as
provided by Chapters 49, 51, and 54, Water Code, to finance:
(1) the construction, maintenance, or operation of projects
under Sections 9030.101 and 9030.102; or
(2) the district's contractual obligations under Section
9030.103.
(b) The district may issue bonds or other obligations payable
wholly or partly from ad valorem taxes, impact fees, revenue,
grants, or other district money.
(c) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxation to finance
projects authorized by Section 9030.102 unless the issuance is
approved by a vote of a two-thirds majority of the voters of the
district voting at an election called for that purpose.
(d) Bonds or other obligations issued or incurred to finance
projects authorized by Section 9030.101 or 9030.102 or
contractual obligations under Section 9030.103 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.
945, Sec. 1, eff. September 1, 2007.