CHAPTER 9037. COMAL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 6
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS
CHAPTER 9037. COMAL COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 6
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9037.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Comal County Water Control and
Improvement District No. 6.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.002. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59,
Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
The temporary directors shall hold an election to confirm the
creation of the district and to elect five permanent directors as
provided by Section 49.102, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.004. CONSENT REQUIRED. (a) The temporary directors
may not hold an election under Section 9037.003 until:
(1) each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district;
(2) each municipality in whose extraterritorial jurisdiction the
district is located has:
(A) approved and entered into a strategic partnership agreement
with the district under Section 43.0751, Local Government Code;
and
(B) approved and entered into a development agreement with the
owners of land in the district under Section 212.172, Local
Government Code;
(3) an agreement that addresses the provision of water and
wastewater treatment to the land in the district has been
approved and entered into by:
(A) each municipality in whose extraterritorial jurisdiction the
district is located;
(B) the commissioners court of each county in which the district
is located;
(C) a retail or wholesale provider of water and wastewater
treatment; and
(D) the owners of land in the district;
(4) the commissioners court of each county in which the district
is located has issued an order making the findings under Sections
51.021(a)(1), (2), (3), and (4), Water Code; and
(5) the commissioners court of each county in which the district
is located has approved and entered into an agreement with the
district that must include, but is not limited to, provisions
relating to the use of county right-of-way, the district's
exercise of the power of eminent domain outside the boundaries of
the district, drainage serving the land in the district, platting
of land in the district, and the provision of water and
wastewater treatment to the land in the district.
(b) A municipality that contains district territory in its
corporate limits or extraterritorial jurisdiction may include in
its consent to the creation of the district any restriction on or
condition to the consent, including a limitation on the powers of
the district otherwise granted by this chapter.
(c) Sections 51.022 through 51.025, Water Code, do not apply to
the district or the order of the county under Subsection (a)(4).
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.005. EXTRATERRITORIAL STATUS. All of the land
included in the district, as approved by the City of Bulverde for
inclusion in the district, is included in the extraterritorial
jurisdiction of the City of Bulverde on adoption of the
resolution or ordinance consenting to the creation of the
district by the governing body of the City of Bulverde.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.006. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a water control and improvement district as provided by
general law and Section 59, Article XVI, Texas Constitution, as
limited by this chapter, including the disposal of waste and
control of storm water; and
(2) Section 52, Article III, Texas Constitution, as limited by
this chapter, that relate to the construction, acquisition,
improvement, operation, or maintenance of macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.007. 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 the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for which
the district is created or to pay the principal of and interest
on a bond;
(3) right to impose a tax; or
(4) legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9037.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9037.052, directors serve
staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.052. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Shannon Miller;
(2) Jim Leonard;
(3) David Rittenhouse;
(4) George Weron; and
(5) Blaine Lopez.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under Section
9037.003; or
(2) the fourth anniversary of the effective date of the Act
creating this chapter.
(c) If permanent directors have not been elected under Section
9037.003 and the terms of the temporary directors have expired,
successor temporary directors shall be appointed or reappointed
as provided by Subsection (d) to serve terms that expire on the
earlier of:
(1) the date permanent directors are elected under Section
9037.003; or
(2) the fourth anniversary of the date of the appointment or
reappointment.
(d) If Subsection (c) applies, the owner or owners of a majority
of the assessed value of the real property in the district may
submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the
five persons named in the petition.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9037.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties, as limited by this chapter, necessary to
accomplish the purposes for which the district is created.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.102. 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 and duties that relate to the disposal of
waste and control of storm water under Section 51.331, Water
Code, as limited by this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52,
Article III, Texas Constitution, as limited by this chapter, the
district may design, acquire, construct, finance, issue bonds
for, improve, operate, maintain, and convey to this state, a
county, or a municipality for operation and maintenance
macadamized, graveled, or paved roads, or improvements, including
storm drainage, in aid of those roads.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.104. APPROVAL OF ROAD PROJECT. (a) The district may
not undertake a road project authorized by Section 9037.103
unless:
(1) the proposed road project complies with applicable municipal
or county subdivision ordinances or regulations; or
(2) the Texas Transportation Commission has approved the plans
and specifications of the road project, if the state will operate
and maintain the road.
(b) Except as provided by Subsection (a), the district is not
required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds
for, improve, or convey a road project.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR
RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 42.042 or 42.0425, Local Government Code, and that
consents to the creation of the district or to the inclusion of
land in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.106. LIMITATION ON USE OF EMINENT DOMAIN. (a) The
district shall not exercise the power of eminent domain outside
the district to acquire a site or easement for:
(1) a road project authorized by Section 9037.103; or
(2) a recreational facility as defined by Section 49.462, Water
Code.
(b) The district shall not exercise the power of eminent domain
outside the boundaries of the district for any purpose unless the
proposed exercise is approved by a written resolution of the
commissioners court of each county in which the district is
located.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.107. WATER AND WASTEWATER INFRASTRUCTURE. The
district may not construct any water or wastewater improvement
unless the plans and specifications for the improvement have been
approved by Comal County, the City of Bulverde, and any wholesale
provider of water or wastewater treatment to the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9037.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 9037.153.
(b) 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 an ad valorem tax or issue bonds payable
from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved
by a vote of a two-thirds majority of the district voters voting
at an election held for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9037.151, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.153. CONTRACT TAXES. (a) In accordance with Section
49.108, Water Code, the district may impose a tax other than an
operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district
voters voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 9037.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
The district may issue bonds or other obligations payable wholly
or partly from ad valorem taxes, impact fees, revenue, contract
payments, grants, or other district money, or any combination of
those sources, to pay for any authorized district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.202. TAXES FOR BONDS. At the time the district issues
bonds payable wholly or partly from ad valorem taxes, the board
shall provide for the annual imposition of a continuing direct ad
valorem tax, without limit as to rate or amount, while all or
part of the bonds are outstanding as required and in the manner
provided by Section 51.433, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1096, Sec. 1, eff. June 19, 2009.
Sec. 9037.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other
obligations issued or incurred to finance road projects and
payable from ad valorem taxes 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.
1096, Sec. 1, eff. June 19, 2009.