CHAPTER 9038. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 1
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS
CHAPTER 9038. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9038.001. 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 Improvement District
No. 1.
Added by Acts 2009, 81st Leg., R.S., Ch.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.002. 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.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.003. 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.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT AGREEMENT
REQUIRED. (a) The temporary directors may not hold an election
under Section 9038.003 until each municipality in whose corporate
limits or extraterritorial jurisdiction the district is located
has:
(1) consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district; and
(2) entered into a development agreement under Section 212.172,
Local Government Code, with the retail public utility owned by
the municipality that addresses water and wastewater issues and
with the owners of land in the district that addresses relevant
issues, including:
(A) the provision of services other than water or wastewater
services to land in the district, including emergency services
and solid waste collection;
(B) traffic and roadway impacts caused by the creation of the
district;
(C) the amount of debt to be issued by the district or any new
district created by the division of the district;
(D) a plan for dividing the district, including the number,
location, and size of any new districts created by the division
of the district;
(E) fire flow; and
(F) a prohibition against a retail public utility, as defined by
Section 13.002, Water Code, other than the retail public utility
owned by the municipality, from providing retail water or
wastewater service to the property in the district or a new
district created by the division of the district.
(b) The development agreement may not contain a provision
prohibited by Section 212.174, Local Government Code, in relation
to the provision of utility service.
(c) A confirmation election held in violation of this section is
void.
Added by Acts 2009, 81st Leg., R.S., Ch.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.005. 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; and
(2) Section 52, Article III, Texas Constitution, 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.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.006. 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.
584, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9038.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9038.052, directors serve
staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.052. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Donnie Shaw;
(2) Bob Shemwell;
(3) Joe Dawson;
(4) Dick Nevitt; and
(5) Robert Whitley.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under Section
9038.003; 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
9038.003 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
9038.003; 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.
584, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9038.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes for which
the district is created.
Added by Acts 2009, 81st Leg., R.S., Ch.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.102. 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, and
including powers relating to sanitary sewer.
Added by Acts 2009, 81st Leg., R.S., Ch.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.103. AUTHORITY FOR ROAD PROJECTS. Under Section 52,
Article III, Texas Constitution, 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.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning
and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, the road project
must meet all applicable construction standards, subdivision
requirements, and regulations of each county in which the road
project is located.
(c) If the state will maintain and operate the road, the Texas
Transportation Commission must approve the plans and
specifications of the road project.
Added by Acts 2009, 81st Leg., R.S., Ch.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.105. WATER AND WASTEWATER INFRASTRUCTURE. (a) The
district may not construct a water or wastewater facility unless
any municipality in whose corporate limits or extraterritorial
jurisdiction the facility is located at the time of construction
has approved the plans and specifications of the facility.
(b) On completion of a water or wastewater facility described in
a development agreement between the district and a municipality,
the district shall convey the facility to the municipality or to
the retail public utility owned by the municipality, free of all
liens, claims, or encumbrances, in the form and manner acceptable
to the municipality or retail public utility.
Added by Acts 2009, 81st Leg., R.S., Ch.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR
RESOLUTION AND DEVELOPMENT AGREEMENT. (a) The district shall
comply with all applicable requirements of any ordinance or
resolution that is adopted under Section 42.042, Local Government
Code, and that consents to the creation of the district or to the
inclusion of land in the district.
(b) Notwithstanding other law, a municipality may place a
condition or restriction on the creation of the district or
inclusion of land in the district that is:
(1) expressly permitted by Sections 54.016(e) and (i), Water
Code; or
(2) contained in the development agreement entered into under
Section 212.172, Local Government Code, and this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.107. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 9038.103; or
(2) a recreational facility as defined by Section 49.462, Water
Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.108. 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) This chapter applies to any new district created by the
division of the district, and a new 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 owner or owners of a majority of the assessed value
of the real property in the district, may adopt an order dividing
the district.
(e) The board may adopt an order dividing the district before or
after the date the board holds an election under Section 9038.003
to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the territory of
each new district;
(3) appoint temporary directors for each new district; and
(4) provide for the division of assets and liabilities between
or among the new districts.
(g) On or before the 30th day after the date of adoption of an
order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 9038.003.
(i) Municipal consent to the creation of the district and to the
inclusion of land in the district granted under Section 9038.004
acts as municipal consent to the creation of any new district
created by the division of the district and to the inclusion of
land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter 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 2009, 81st Leg., R.S., Ch.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.109. LIMITATION ON ANNEXATION OF LAND BY DISTRICT.
The district or any new district created by the division of the
district may not annex land outside the area described by Section
2 of the Act creating this chapter without the consent of each
municipality in whose corporate limits or extraterritorial
jurisdiction any of the land in the area described by Section 2
of the Act creating this chapter is located.
Added by Acts 2009, 81st Leg., R.S., Ch.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT. For
the purposes of Section 43.021(2), Local Government Code, or
other law, including a municipal charter or ordinance relating
to annexation, an area adjacent to the district or any new
district created by the division of the district is considered
adjacent to a municipality in whose corporate limits or
extraterritorial jurisdiction any of the land in the area
described by Section 2 of the Act creating this chapter is
located.
Added by Acts 2009, 81st Leg., R.S., Ch.
584, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9038.151. 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 9038.153.
(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.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9038.151, 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.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.153. 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.
584, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 9038.201. 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.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.202. 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.
584, Sec. 1, eff. June 19, 2009.
Sec. 9038.203. 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.
584, Sec. 1, eff. June 19, 2009.