CHAPTER 9039. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 2
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS
CHAPTER 9039. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9039.001. 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. 2.
Added by Acts 2009, 81st Leg., R.S., Ch.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.002. 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.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.003. 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.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
temporary directors may not hold an election under Section
9039.003 until 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.
(b) A confirmation election held in violation of this section is
void.
Added by Acts 2009, 81st Leg., R.S., Ch.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.005. 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.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.006. 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.
583, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9039.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9039.052, directors serve
staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, 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
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under Section
9039.003; 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
9039.003 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
9039.003; 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 commission 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.
583, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9039.101. 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.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.102. 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 systems.
Added by Acts 2009, 81st Leg., R.S., Ch.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.103. 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.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.104. 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.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.105. CHANGE IN SURFACE LAND USE. The district may not
develop the surface of any land in the district for purposes
other than mining, quarrying, or water resource development,
retention, and distribution unless:
(1) the municipality in whose corporate limits or
extraterritorial jurisdiction the land is located and the owner
or owners of the land enter into a development agreement under
Section 212.172, Local Government Code; and
(2) the change in use of the land complies with the development
agreement described by Subdivision (1).
Added by Acts 2009, 81st Leg., R.S., Ch.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.106. 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, 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.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.107. 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 9039.103; or
(2) a recreational facility as defined by Section 49.462, Water
Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.108. 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 9039.003
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 9039.003. If the voters of a new district do not confirm
the creation of the new district, the assets, obligations,
territory, and governance of the new district revert to the
original district.
(i) Municipal consent to the creation of the district and to the
inclusion of land in the district granted under Section 9039.004
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.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.109. LIMITATION ON ANNEXATION OF LAND BY DISTRICT.
(a) Except as provided by Subsection (b), 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.
(b) The district or any new district created by the division of
the district may annex land adjacent to the area described by
Section 2 of the Act creating this chapter for mining, quarrying,
or water resource development, retention, and distribution
purposes without the consent of 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.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.110. 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.
583, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9039.151. 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 9039.153.
(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.
(d) The district may not hold an election to authorize the
issuance of bonds payable from ad valorem taxes to finance water
and wastewater facilities to provide water and wastewater service
for uses other than mining, quarrying, or water resource
development, retention, and distribution unless each municipality
in whose corporate limits or extraterritorial jurisdiction the
district is located and the owners of land in the district enter
into a development agreement under Section 212.172, Local
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9039.151, 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.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.153. 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.
583, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 9039.201. 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.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.202. 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.
583, Sec. 1, eff. June 19, 2009.
Sec. 9039.203. 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.
583, Sec. 1, eff. June 19, 2009.