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CHAPTER 8274. HARRIS COUNTY UTILITY DISTRICT NO. 6

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SPECIAL DISTRICT LOCAL LAWS CODETITLE 6. WATER AND WASTEWATERSUBTITLE F. MUNICIPAL UTILITY DISTRICTSCHAPTER 8274. HARRIS COUNTY UTILITY DISTRICT NO. 6Text of effective on April 01, 2011SUBCHAPTER A. GENERAL PROVISIONSText of section effective on April 01, 2011Sec. 8274.001.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 Harris County Utility District No. 6.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.002.NATURE OF DISTRICT.The district is a municipalutility district and a conservation and reclamation district inHarris County created under Section 59, Article XVI, TexasConstitution.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.003.FINDINGS OF BENEFIT AND PUBLIC PURPOSE.(a) Thedistrict is created to serve a public use and benefit.(b)All land and other property included in the boundaries ofthe district will benefit from the works and projectsaccomplished by the district under the powers conferred bySection 59, Article XVI, Texas Constitution.(c)The creation of the district is essential to accomplish thepurposes of Section 59, Article XVI, Texas Constitution.(d)The accomplishment of the purposes stated in this chapter isfor the benefit of the people of this state and for theimprovement of their property and industries.The district incarrying out the purposes of this chapter will be performing anessential public function under the Texas Constitution.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.004.DISTRICT TERRITORY.(a) The district is composedof the territory described by Section 2, Chapter 391, Acts of the61st Legislature, Regular Session, 1969, as that territory mayhave been modified under:(1)Subchapter H, Chapter 54, Water Code;(2)Subchapter J, Chapter 49, Water Code;(3)Section 9, Chapter 391, Acts of the 61st Legislature,Regular Session, 1969; or(4)other law.(b)The boundaries and field notes of the district form aclosure.A mistake in copying the field notes in the legislativeprocess or another mistake in the field notes does not affect:(1)the district's organization, existence, or validity;(2)the district's right to issue any type of bond for a purposefor which the district is created or to pay the principal of andinterest on the bond;(3)the district's right to impose a tax; or(4)the legality or operation of the district or the board.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.005.EXPANSION OF DISTRICT.(a)If land is annexedto the district under Section 49.301, Water Code, the board mayrequire the petitioners to:(1)allow the assumption by the area to be annexed of its prorata share of the taxes necessary to support voted but unissuedtax or tax-revenue bonds of the district; and(2)authorize the board to impose a tax on the petitioners'property to pay for the bonds after the bonds have been issued.(b)If land is annexed to the district under Section 49.302,Water Code, the board may submit to the voters of the area to beannexed a proposition on the question of the assumption by thearea to be annexed of its pro rata share of the voted but not yetissued or sold tax or tax-revenue bonds of the district and theimposition of an ad valorem tax on taxable property in the areato be annexed along with a tax in the rest of the district forthe payment of the bonds.(c)If the petitioners consent or if the election resultsfavorably, the district may issue its voted but unissued tax ortax-revenue bonds regardless of changes to district boundariessince the original voting or authorization of the bonds.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.006.STATE POLICY REGARDING WASTE DISPOSAL.Thedistrict's powers and functions are subject to the state policyof encouraging the development and use of integrated area-widewaste collection, treatment, and disposal systems to serve thewaste disposal needs of this state's residents, if integratedsystems can reasonably be provided for an area, so as to avoidthe economic burden on residents and the effect on state waterquality caused by the construction and operation of numeroussmall waste collection, treatment, and disposal facilities.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.007.LIBERAL CONSTRUCTION OF CHAPTER.This chaptershall be liberally construed to effect the purposes, powers,rights, and functions stated in this chapter.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.SUBCHAPTER B. DISTRICT ADMINISTRATIONText of section effective on April 01, 2011Sec. 8274.051.COMPOSITION OF BOARD.The board consists of fivedirectors elected by position.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.052.DIRECTOR'S BOND.Each director shall qualify bygiving bond in the amount of $5,000 for the faithful performanceof the director's duties.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.053.ABSENCE OR INACTION OF BOARD PRESIDENT.(a)When the board president is absent or fails or declines to act,the board vice president shall perform all duties and exerciseall power this chapter or general law gives the president.(b)If the board president is absent from a board meeting:(1)the board vice president may sign an order or other actionadopted at the meeting; or(2)the board may authorize the president to sign the order orother action.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.054.DISTRICT OFFICE.(a) Except as provided by thissection, the board shall designate, establish, and maintain adistrict office as provided by Section 49.062, Water Code.(b)The board may establish a second district office outside thedistrict.If the board establishes a second district office, theboard shall give notice of the location of that office by:(1)filing a copy of the board resolution that establishes thelocation of the office:(A)with the Texas Commission on Environmental Quality; and(B)in the municipal utility district records of Harris County;and(2)publishing notice of the location of the office in anewspaper of general circulation in Harris County.(c)A district office that is a private residence, office, ordwelling is a public place for matters relating to the district'sbusiness.(d)The board shall provide notice of any change in the locationof the district office outside the district in the mannerrequired by Subsection (b).Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.SUBCHAPTER C. POWERS AND DUTIESText of section effective on April 01, 2011Sec. 8274.101.MUNICIPAL UTILITY DISTRICT POWERS.(a)Thedistrict has all of the rights, powers, privileges, and functionsconferred and imposed by the general law of this state relatingto municipal utility districts created under Section 59, ArticleXVI, Texas Constitution, including those conferred by Chapters 49and 54, Water Code.(b)The district may exercise inside or outside the district'sboundaries any of the rights or powers granted by this chapter orunder the general law relating to municipal utility districts,including the provision of water, sanitary sewerage, and drainageservices.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.102.ADDITIONAL POWERS.(a)The district may:(1)make, purchase, construct, lease, or otherwise acquire,inside or outside the district's boundaries, property, works,facilities, or improvements, whether previously existing or to bemade, constructed, or acquired, that are necessary to carry outthe powers granted by this chapter or general law; or(2)enter into a contract with a person on terms the boardconsiders desirable, fair, and advantageous for:(A)the purchase or sale of water;(B)the transportation, treatment, and disposal of the domestic,industrial, or communal wastes of the district or others,including the purposes provided by Chapter 30, Water Code;(C)the continuing and orderly development of land and propertyin the district through the purchase, construction, orinstallation of facilities, works, or improvements that thedistrict is otherwise authorized to do or perform so that, to thegreatest extent reasonably possible, considering soundengineering and economic practices, all of the land and propertymay ultimately receive the services of the facilities, works, orimprovements; and(D)the performance of any of the powers granted by this chapteror the general law.(b)A contract under Subsection (a)(2) may not have a durationof more than 40 years.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.103.EMINENT DOMAIN.The district may exercise thepower of eminent domain only:(1)in a county in which the district is located; and(2)when necessary to carry out the purposes for which thedistrict was created.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.104.COST OF RELOCATING OR ALTERING PROPERTY.(a)Inthis section, "sole expense" means the actual cost of relocating,raising, lowering, rerouting, changing the grade of, or alteringthe construction of a facility described by Subsection (b) inproviding comparable replacement without enhancement of thefacility, after deducting from that cost the net salvage value ofthe old facility.(b)If the district's exercise of the power of eminent domain,the power of relocation, or any other power conferred by thischapter makes necessary the relocation, raising, rerouting,changing the grade, or alteration of the construction of ahighway, a railroad, an electric transmission line, a telegraphor telephone property or facility, or a pipeline, the necessaryaction shall be accomplished at the sole expense of the district.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.105.CONTRACT FOR PURCHASE OF WATER, SEWER, ORDRAINAGE SERVICES; ELECTION NOT REQUIRED.(a)The district anda political subdivision may enter into a contract for water,sewer, or drainage services or any combination of those serviceswithout the necessity of an election by any contracting party toapprove the contract.(b)The district may pay for an obligation incurred by such acontract by issuing bonds that, if otherwise necessary, have beenapproved by the voters in the manner provided by this chapter.(c)The district may deliver the district's bonds to the UnitedStates or an agency or instrumentality of the United States, orthis state or an agency or instrumentality of this state, thatentered into a contract with the district.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.106.NOTICE OF ELECTION.The board president orsecretary may give notice of an election.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.SUBCHAPTER D. GENERAL FINANCIAL PROVISIONSText of section effective on April 01, 2011Sec. 8274.151.TAX METHOD.(a)The district shall use the advalorem plan of taxation.(b)The board is not required to call or hold a hearing on theadoption of a plan of taxation.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.152.TAX TO PAY OBLIGATIONS INCURRED UNDER CONTRACTFOR WATER PURCHASE.(a)If the tax is authorized at an electionheld for that purpose in the manner provided by Section 49.107,Water Code, the district may impose a tax and pledge the tax forthe payment of all or part of an obligation incurred under acontract to purchase water.(b)The election may be held in conjunction with an electionauthorizing tax bonds or authorizing a maintenance tax.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.153.DISTRICT ACCOUNTS.The district shall keep acomplete system of the district's accounts.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.154.FISCAL YEAR.The fiscal year of the district isfrom January 1 to December 31 of the same year.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.155.COPY OF AUDIT REPORT.A copy of the audit reportprepared under Subchapter G, Chapter 49, Water Code, shall bedelivered:(1)to each director; and(2)to a holder of at least 25 percent of the outstanding bondsof the district, on request.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.156.PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED.Thedistrict is not required to pay a tax or assessment on:(1)district property; or(2)a purchase made by the district.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.157.DEPOSITORY. (a) The board shall select one ormore banks in this state to act as depository for the district'smoney.(b)To the extent that money in the depository bank is notinsured by the Federal Deposit Insurance Corporation, the moneymust be secured in the manner provided by law for the security ofcounty funds.(c)A director may be a shareholder in a bank that is adepository of district money.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.SUBCHAPTER E. BONDSText of section effective on April 01, 2011Sec. 8274.201.AUTHORITY TO ISSUE BONDS.The district may voteand issue any kind of bonds or issue refunding bonds forcontiguous or noncontiguous areas for any district purpose.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.202.USE OF BOND PROCEEDS OUTSIDE DISTRICT.Theproceeds from the sale of tax-supported district bonds may not bespent outside the district unless the expenditure is absolutelynecessary to the operation of the district in the exercise of thedistrict's rights, powers, privileges, and functions.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.203.USE OF BOND PROCEEDS DURING CONSTRUCTION.(a)The district may appropriate or set aside out of the proceedsfrom the sale of any bonds issued under this chapter an amountfor the payment of interest, administrative, and operatingexpenses expected to accrue during a period of construction, asmay be provided in the bond orders or resolutions.(b)For purposes of this section, the period of construction maynot exceed three years.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.204.LOST OR MUTILATED BONDS.A trust indenturesecuring bonds issued under this chapter may provide for theissuance of bonds to replace lost or mutilated bonds.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.Text of section effective on April 01, 2011Sec. 8274.205.REFUNDING BONDS.(a)By order or resolutionadopted by the board, the district may issue revenue refundingbonds or tax-revenue refunding bonds to refund revenue bonds ortax-revenue bonds, whether original bonds or refunding bonds,previously issued by the district.(b)The comptroller shall register the refunding bonds on thesurrender and cancellation of the bonds to be refunded.(c)Instead of issuing bonds to be registered on the surrenderand cancellation of the bonds to be refunded, the district, inthe order or resolution authorizing the issuance of the refundingbonds, may provide for the sale of the refunding bonds and thedeposit of the proceeds in the place or places where the bonds tobe refunded are payable.In that case, the refunding bonds maybe issued if an amount sufficient to pay the principal of andinterest on the bonds to be refunded to their maturity dates, orto their option dates if according to their terms the bonds havebeen called for payment before maturity, has been deposited inthe place or places where the bonds to be refunded are payable,and the comptroller shall register the refunding bonds withoutthe surrender and cancellation of the bonds to be refunded.Added by Acts 2009, 81st Leg., R.S., Ch.1139, Sec. 1.04, eff. April 1, 2011.
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  • SPECIAL DISTRICT LOCAL LAWS CODE

    TITLE 6. WATER AND WASTEWATER

    SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

    CHAPTER 8274. HARRIS COUNTY UTILITY DISTRICT NO. 6

    Text of effective on April 01, 2011

    SUBCHAPTER A. GENERAL PROVISIONS

    Text of section effective on April 01, 2011

    Sec. 8274.001. 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 Harris County Utility District No. 6.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.002. NATURE OF DISTRICT. The district is a municipal

    utility district and a conservation and reclamation district in

    Harris County created under Section 59, Article XVI, Texas

    Constitution.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The

    district is created to serve a public use and benefit.

    (b) All land and other property included in the boundaries of

    the district will benefit from the works and projects

    accomplished by the district under the powers conferred by

    Section 59, Article XVI, Texas Constitution.

    (c) The creation of the district is essential to accomplish the

    purposes of Section 59, Article XVI, Texas Constitution.

    (d) The accomplishment of the purposes stated in this chapter is

    for the benefit of the people of this state and for the

    improvement of their property and industries. The district in

    carrying out the purposes of this chapter will be performing an

    essential public function under the Texas Constitution.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.004. DISTRICT TERRITORY. (a) The district is composed

    of the territory described by Section 2, Chapter 391, Acts of the

    61st Legislature, Regular Session, 1969, as that territory may

    have been modified under:

    (1) Subchapter H, Chapter 54, Water Code;

    (2) Subchapter J, Chapter 49, Water Code;

    (3) Section 9, Chapter 391, Acts of the 61st Legislature,

    Regular Session, 1969; or

    (4) other law.

    (b) The boundaries and field notes of the district form a

    closure. A mistake in copying the field notes in the legislative

    process or another mistake in the field notes does not affect:

    (1) the district's organization, existence, or validity;

    (2) the district's right to issue any type of bond for a purpose

    for which the district is created or to pay the principal of and

    interest on the bond;

    (3) the district's right to impose a tax; or

    (4) the legality or operation of the district or the board.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.005. EXPANSION OF DISTRICT. (a) If land is annexed

    to the district under Section 49.301, Water Code, the board may

    require the petitioners to:

    (1) allow the assumption by the area to be annexed of its pro

    rata share of the taxes necessary to support voted but unissued

    tax or tax-revenue bonds of the district; and

    (2) authorize the board to impose a tax on the petitioners'

    property to pay for the bonds after the bonds have been issued.

    (b) If land is annexed to the district under Section 49.302,

    Water Code, the board may submit to the voters of the area to be

    annexed a proposition on the question of the assumption by the

    area to be annexed of its pro rata share of the voted but not yet

    issued or sold tax or tax-revenue bonds of the district and the

    imposition of an ad valorem tax on taxable property in the area

    to be annexed along with a tax in the rest of the district for

    the payment of the bonds.

    (c) If the petitioners consent or if the election results

    favorably, the district may issue its voted but unissued tax or

    tax-revenue bonds regardless of changes to district boundaries

    since the original voting or authorization of the bonds.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.006. STATE POLICY REGARDING WASTE DISPOSAL. The

    district's powers and functions are subject to the state policy

    of encouraging the development and use of integrated area-wide

    waste collection, treatment, and disposal systems to serve the

    waste disposal needs of this state's residents, if integrated

    systems can reasonably be provided for an area, so as to avoid

    the economic burden on residents and the effect on state water

    quality caused by the construction and operation of numerous

    small waste collection, treatment, and disposal facilities.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.007. LIBERAL CONSTRUCTION OF CHAPTER. This chapter

    shall be liberally construed to effect the purposes, powers,

    rights, and functions stated in this chapter.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    SUBCHAPTER B. DISTRICT ADMINISTRATION

    Text of section effective on April 01, 2011

    Sec. 8274.051. COMPOSITION OF BOARD. The board consists of five

    directors elected by position.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.052. DIRECTOR'S BOND. Each director shall qualify by

    giving bond in the amount of $5,000 for the faithful performance

    of the director's duties.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.053. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)

    When the board president is absent or fails or declines to act,

    the board vice president shall perform all duties and exercise

    all power this chapter or general law gives the president.

    (b) If the board president is absent from a board meeting:

    (1) the board vice president may sign an order or other action

    adopted at the meeting; or

    (2) the board may authorize the president to sign the order or

    other action.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.054. DISTRICT OFFICE. (a) Except as provided by this

    section, the board shall designate, establish, and maintain a

    district office as provided by Section 49.062, Water Code.

    (b) The board may establish a second district office outside the

    district. If the board establishes a second district office, the

    board shall give notice of the location of that office by:

    (1) filing a copy of the board resolution that establishes the

    location of the office:

    (A) with the Texas Commission on Environmental Quality; and

    (B) in the municipal utility district records of Harris County;

    and

    (2) publishing notice of the location of the office in a

    newspaper of general circulation in Harris County.

    (c) A district office that is a private residence, office, or

    dwelling is a public place for matters relating to the district's

    business.

    (d) The board shall provide notice of any change in the location

    of the district office outside the district in the manner

    required by Subsection (b).

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    SUBCHAPTER C. POWERS AND DUTIES

    Text of section effective on April 01, 2011

    Sec. 8274.101. MUNICIPAL UTILITY DISTRICT POWERS. (a) The

    district has all of the rights, powers, privileges, and functions

    conferred and imposed by the general law of this state relating

    to municipal utility districts created under Section 59, Article

    XVI, Texas Constitution, including those conferred by Chapters 49

    and 54, Water Code.

    (b) The district may exercise inside or outside the district's

    boundaries any of the rights or powers granted by this chapter or

    under the general law relating to municipal utility districts,

    including the provision of water, sanitary sewerage, and drainage

    services.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.102. ADDITIONAL POWERS. (a) The district may:

    (1) make, purchase, construct, lease, or otherwise acquire,

    inside or outside the district's boundaries, property, works,

    facilities, or improvements, whether previously existing or to be

    made, constructed, or acquired, that are necessary to carry out

    the powers granted by this chapter or general law; or

    (2) enter into a contract with a person on terms the board

    considers desirable, fair, and advantageous for:

    (A) the purchase or sale of water;

    (B) the transportation, treatment, and disposal of the domestic,

    industrial, or communal wastes of the district or others,

    including the purposes provided by Chapter 30, Water Code;

    (C) the continuing and orderly development of land and property

    in the district through the purchase, construction, or

    installation of facilities, works, or improvements that the

    district is otherwise authorized to do or perform so that, to the

    greatest extent reasonably possible, considering sound

    engineering and economic practices, all of the land and property

    may ultimately receive the services of the facilities, works, or

    improvements; and

    (D) the performance of any of the powers granted by this chapter

    or the general law.

    (b) A contract under Subsection (a)(2) may not have a duration

    of more than 40 years.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.103. EMINENT DOMAIN. The district may exercise the

    power of eminent domain only:

    (1) in a county in which the district is located; and

    (2) when necessary to carry out the purposes for which the

    district was created.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.104. COST OF RELOCATING OR ALTERING PROPERTY. (a) In

    this section, "sole expense" means the actual cost of relocating,

    raising, lowering, rerouting, changing the grade of, or altering

    the construction of a facility described by Subsection (b) in

    providing comparable replacement without enhancement of the

    facility, after deducting from that cost the net salvage value of

    the old facility.

    (b) If the district's exercise of the power of eminent domain,

    the power of relocation, or any other power conferred by this

    chapter makes necessary the relocation, raising, rerouting,

    changing the grade, or alteration of the construction of a

    highway, a railroad, an electric transmission line, a telegraph

    or telephone property or facility, or a pipeline, the necessary

    action shall be accomplished at the sole expense of the district.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.105. CONTRACT FOR PURCHASE OF WATER, SEWER, OR

    DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district and

    a political subdivision may enter into a contract for water,

    sewer, or drainage services or any combination of those services

    without the necessity of an election by any contracting party to

    approve the contract.

    (b) The district may pay for an obligation incurred by such a

    contract by issuing bonds that, if otherwise necessary, have been

    approved by the voters in the manner provided by this chapter.

    (c) The district may deliver the district's bonds to the United

    States or an agency or instrumentality of the United States, or

    this state or an agency or instrumentality of this state, that

    entered into a contract with the district.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.106. NOTICE OF ELECTION. The board president or

    secretary may give notice of an election.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

    Text of section effective on April 01, 2011

    Sec. 8274.151. TAX METHOD. (a) The district shall use the ad

    valorem plan of taxation.

    (b) The board is not required to call or hold a hearing on the

    adoption of a plan of taxation.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.152. TAX TO PAY OBLIGATIONS INCURRED UNDER CONTRACT

    FOR WATER PURCHASE. (a) If the tax is authorized at an election

    held for that purpose in the manner provided by Section 49.107,

    Water Code, the district may impose a tax and pledge the tax for

    the payment of all or part of an obligation incurred under a

    contract to purchase water.

    (b) The election may be held in conjunction with an election

    authorizing tax bonds or authorizing a maintenance tax.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.153. DISTRICT ACCOUNTS. The district shall keep a

    complete system of the district's accounts.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.154. FISCAL YEAR. The fiscal year of the district is

    from January 1 to December 31 of the same year.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.155. COPY OF AUDIT REPORT. A copy of the audit report

    prepared under Subchapter G, Chapter 49, Water Code, shall be

    delivered:

    (1) to each director; and

    (2) to a holder of at least 25 percent of the outstanding bonds

    of the district, on request.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.156. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. The

    district is not required to pay a tax or assessment on:

    (1) district property; or

    (2) a purchase made by the district.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.157. DEPOSITORY. (a) The board shall select one or

    more banks in this state to act as depository for the district's

    money.

    (b) To the extent that money in the depository bank is not

    insured by the Federal Deposit Insurance Corporation, the money

    must be secured in the manner provided by law for the security of

    county funds.

    (c) A director may be a shareholder in a bank that is a

    depository of district money.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    SUBCHAPTER E. BONDS

    Text of section effective on April 01, 2011

    Sec. 8274.201. AUTHORITY TO ISSUE BONDS. The district may vote

    and issue any kind of bonds or issue refunding bonds for

    contiguous or noncontiguous areas for any district purpose.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.202. USE OF BOND PROCEEDS OUTSIDE DISTRICT. The

    proceeds from the sale of tax-supported district bonds may not be

    spent outside the district unless the expenditure is absolutely

    necessary to the operation of the district in the exercise of the

    district's rights, powers, privileges, and functions.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.203. USE OF BOND PROCEEDS DURING CONSTRUCTION. (a)

    The district may appropriate or set aside out of the proceeds

    from the sale of any bonds issued under this chapter an amount

    for the payment of interest, administrative, and operating

    expenses expected to accrue during a period of construction, as

    may be provided in the bond orders or resolutions.

    (b) For purposes of this section, the period of construction may

    not exceed three years.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.204. LOST OR MUTILATED BONDS. A trust indenture

    securing bonds issued under this chapter may provide for the

    issuance of bonds to replace lost or mutilated bonds.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

    Text of section effective on April 01, 2011

    Sec. 8274.205. REFUNDING BONDS. (a) By order or resolution

    adopted by the board, the district may issue revenue refunding

    bonds or tax-revenue refunding bonds to refund revenue bonds or

    tax-revenue bonds, whether original bonds or refunding bonds,

    previously issued by the district.

    (b) The comptroller shall register the refunding bonds on the

    surrender and cancellation of the bonds to be refunded.

    (c) Instead of issuing bonds to be registered on the surrender

    and cancellation of the bonds to be refunded, the district, in

    the order or resolution authorizing the issuance of the refunding

    bonds, may provide for the sale of the refunding bonds and the

    deposit of the proceeds in the place or places where the bonds to

    be refunded are payable. In that case, the refunding bonds may

    be issued if an amount sufficient to pay the principal of and

    interest on the bonds to be refunded to their maturity dates, or

    to their option dates if according to their terms the bonds have

    been called for payment before maturity, has been deposited in

    the place or places where the bonds to be refunded are payable,

    and the comptroller shall register the refunding bonds without

    the surrender and cancellation of the bonds to be refunded.

    Added by Acts 2009, 81st Leg., R.S., Ch.

    1139, Sec. 1.04, eff. April 1, 2011.

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