CHAPTER 9031. SMITH ROAD WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF JEFFERSON COUNTY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS
CHAPTER 9031. SMITH ROAD WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 1 OF JEFFERSON COUNTY
For contingent expiration of this chapter, see Section 9031.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9031.001. DEFINITIONS.In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Smith Road Water Control and
Improvement District No. 1 of Jefferson County.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.002. NATURE OF DISTRICT. The district is a water
control and improvement district in Jefferson County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 9031.024 before September 1, 2013:
(1) the district is dissolved September 1, 2013, except that the
district shall:
(A) pay any debts incurred;
(B) transfer to Jefferson 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, 2016.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.004. 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 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 district's organization, existence, or validity;
(2) the district's right to impose taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the board's legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Section 9031.026.
Sec. 9031.021. TEMPORARY DIRECTORS. (a) On or after September
1, 2009, 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 the commission receives.
(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 9031.024; or
(2) the date this chapter expires under Section 9031.003.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.As
soon as practicable after all temporary directors qualify 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 Jefferson County Courthouse. At their initial meeting
the temporary directors shall elect officers from among the
temporary directors and conduct any other district business.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.023. CONSENT OF MUNICIPALITY REQUIRED. The temporary
directors may not hold an election under Section 9031.024 until
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located, if any, has adopted a
resolution consenting to the district's creation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.024. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
The temporary directors shall hold an election to confirm the
district's creation and to elect five directors as provided by
Section 49.102, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.025. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 9031.024 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors under Section 9031.052 and which three shall serve
until the second regularly scheduled election of directors.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.026. EXPIRATION OF SUBCHAPTER.This subchapter expires
September 1, 2016.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9031.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.052. 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 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9031.101. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, applicable to water control and
improvement districts created under Section 59, Article XVI,
Texas Constitution, including Chapters 49 and 51, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.102. 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 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.103. POTABLE WATER SUPPLIER. The district shall
purchase potable water for the district from the West Jefferson
County Municipal Water District or a successor to that supplier
of potable water.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.104. LEVEE AND FLOOD HAZARD MITIGATION POWERS. The
district may purchase, construct, acquire, own, operate,
maintain, improve, or extend, inside or outside the district,
levees, dikes, flood hazard mitigation structures, and any other
improvements or facilities necessary or convenient to accomplish
the levee improvements and flood hazard mitigation purposes of
the district under Chapter 57, Water Code, as authorized by
Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
Sec. 9031.105. DIVISION OF DISTRICT. (a) The district may be
divided into two new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) The division procedure is prescribed by Sections 53.030
through 53.041, Water Code. Sections 51.748 through 51.753, Water
Code, do not apply to the district.
(c) Any new district created by the division of the district has
all the powers and duties of the district.
(d) A new district, at the time it is created by the division of
the district, may not contain land outside the area described by
Section 2 of the Act creating this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
For expiration of this section, see Subsection (b).
Sec. 9031.106. LIMITATION ON DISTRICT DISSOLUTION. (a)
Notwithstanding Section 43.0751, Local Government Code, or any
other general law, the district may not be dissolved before
December 31, 2019, unless the dissolution is approved by:
(1) the board; and
(2) the governing body of each municipality in whose corporate
limits or extraterritorial jurisdiction the district is located.
(b) This section expires December 31, 2019.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9031.151. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of or interest on bonds issued under
Section 9031.201.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.
SUBCHAPTER E. BONDS
Sec. 9031.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
(a) The district may issue bonds or other obligations as
provided by Chapters 49, 51, and 57, Water Code, and to finance
the construction, maintenance, or operation of projects under
Sections 9031.101, 9031.102, and 9031.104.
(b) The district may not issue bonds to finance projects
authorized by Section 9031.102 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 9031.102 may not exceed one-fourth
of the assessed value of the real property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1143, Sec. 1, eff. September 1, 2009.