CHAPTER 6902. CRANE COUNTY WATER DISTRICT

State Codes and Statutes

Statutes > Texas > Special-district-local-laws-code > Title-6-water-and-wastewater > Chapter-6902-crane-county-water-district

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE B. FRESH WATER SUPPLY DISTRICTS

CHAPTER 6902. CRANE COUNTY WATER DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 6902.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a member of the board.

(3) "District" means the Crane County Water District.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.002. NATURE OF DISTRICT. The district is a

conservation and reclamation district created under Section 59,

Article XVI, Texas Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The

accomplishment of the purposes stated in this chapter is for:

(1) the benefit of the people of this state; and

(2) the improvement of their property and industries.

(b) The district, in carrying out the purposes of this chapter,

will be performing an essential public function under the

constitution.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.004. DISTRICT TERRITORY. The district includes all of

the territory in the boundaries of Crane County as the boundaries

of that county existed on January 1, 1985, and as the district

territory may have been modified under:

(1) Subchapter J, Chapter 49, Water Code; or

(2) other law.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.005. SUFFICIENT AUTHORITY FOR ENTITIES TO ACT. This

chapter provides sufficient authority to issue district bonds,

execute contracts and conveyances, and perform any other act or

procedure authorized under this chapter by the district, the City

of Crane, public agencies, special districts, and other political

subdivisions, without reference to other law or a restriction or

limitation contained in other law, except as specifically

provided by this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 6902.051. COMPOSITION OF BOARD. The district is governed

by a board composed of five directors appointed by the

Commissioners Court of Crane County. The directors occupy

numbered places on the board, with the places numbered as Places

1, 2, 3, 4, and 5.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.052. TERMS. Each appointed director shall serve for a

term of two years, with the terms of the directors appointed to

occupy Places 1 and 2 expiring on June 1 of each even-numbered

year and the terms of the directors appointed to occupy Places 3,

4, and 5 expiring on June 1 of each odd-numbered year.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.053. QUALIFICATIONS FOR OFFICE. (a) To be eligible

for appointment as a director, a person must be:

(1) a qualified district voter; and

(2) a district resident.

(b) A director is eligible for reappointment.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.054. EX OFFICIO DIRECTORS. The county judge of Crane

County and the mayor of the City of Crane shall serve as ex

officio directors. The county judge and mayor are entitled to

attend all board meetings and participate in all board

proceedings but are not entitled to vote on matters before the

board.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.055. VACANCY. The Commissioners Court of Crane County

by appointment shall fill a vacancy on the board for the

unexpired term.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.056. REMOVAL FROM OFFICE. After reasonable notice and

a public hearing, the remaining members of the board may remove a

director from office for misfeasance, malfeasance, or wilful

neglect of duty. Reasonable notice and a public hearing are not

required if the director to be removed expressly waives the

notice and hearing in writing.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.057. QUORUM. Any three regular directors constitute a

quorum.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.058. BOARD RESOLUTIONS; VOTING REQUIREMENTS. (a) The

district shall act through resolutions adopted by the board.

(b) All regular directors are entitled to vote on matters before

the board.

directors is necessary to adopt a resolution.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.059. OFFICERS AND ASSISTANTS. (a) The board shall

elect a president, vice president, secretary, and treasurer at

the first meeting of the board in March of each year or at any

time necessary to fill a vacancy.

(b) The board shall elect the president and vice president from

among the directors. The president and vice president shall

serve for terms of one year.

(1) may be held by one person; and

(2) are not required to be held by a director.

(d) The board may appoint as assistant board secretary one or

more persons who are not directors.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.060. OFFICER DUTIES. (a) The board president shall

preside at board meetings and perform other duties prescribed by

the board.

(b) The board secretary is the official custodian of the

minutes, books, records, and seal of the board and shall perform

other duties and functions prescribed by the board. An assistant

board secretary may perform any duty or function of the board

secretary.

prescribed by the board.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.061. MEETINGS. The board shall have regular meetings

at times specified by board resolution and shall have special

meetings when called by the board president or by any three

directors.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.062. PERSONAL LIABILITY OF DIRECTORS. A director is

not personally liable for any bond issued or contract executed by

the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 6902.101. GENERAL POWERS. The district may exercise all

powers necessary or appropriate to carry out the purposes of this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.102. AUTHORITY TO SUE AND BE SUED. The district may

sue and be sued in the district's own name.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.103. SEAL. The board may adopt an official seal.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.104. BYLAWS; RULES. The board may adopt and enforce

bylaws and rules.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.105. GIFTS AND GRANTS. The district may request and

accept any appropriation, grant, allocation, subsidy, guaranty,

aid, service, material, or gift from any person.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.106. OFFICE. The district may operate and maintain an

office.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.107. EMPLOYEES, AGENTS, AND OFFICERS. The district

may appoint and determine the duties, tenure, qualifications, and

compensation of the officers, employees, agents, and professional

advisors and counselors of the district, including financial

consultants, accountants, attorneys, architects, engineers,

appraisers, and financial experts the board considers necessary.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.108. WATER CONSERVATION PROGRAM. (a) In this

section, "program of water conservation" means the practices,

techniques, and technologies that will reduce water consumption,

reduce water loss or waste, improve efficiency in water use, or

increase water recycling and reuse so that a water supply is

available for future uses.

(b) The district shall adopt and implement a program of water

conservation consistent with rules and criteria adopted and

enforceable by the Texas Commission on Environmental Quality for

similarly situated districts in the region.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.109. WATER PERMITS. (a) The district may obtain

water appropriation permits and diversion permits from the Texas

Commission on Environmental Quality.

(b) The district may acquire water appropriation permits from

owners of permits by contract or otherwise.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.110. GENERAL AUTHORITY OF PUBLIC AGENCIES AND

POLITICAL SUBDIVISIONS TO CONTRACT WITH DISTRICT. A

municipality, public agency, special district, or other political

subdivision of the state, including the City of Crane, may enter

into a contract or agreement with the district for a water

supply, or for any purpose relating to the district's powers or

functions, on terms agreed to by the parties. Approval, notice,

consent, or an election is not required in connection with a

contract or agreement.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.111. CONTRACTS TO SUPPLY WATER. (a) The district may

contract with municipalities, public agencies, special districts,

other political subdivisions of the state, and other entities,

including the City of Crane, for supplying water to them. The

district may sell water inside or outside the boundaries of the

district.

(b) A contract with the City of Crane must provide that the city

will pay to the district a portion of any surplus revenue from

the operation of the city's water system.

agency, special district, or other political subdivision of the

state for the rental or leasing of or for the operation of the

water production, water field, water supply, water filtration or

purification, or water supply facilities of the entity on the

consideration agreed to by the district and the entity.

(d) A contract may include the terms and be for the time agreed

to by the parties.

(e) A contract may provide that it will continue in effect until

bonds specified in it and refunding bonds issued in lieu of those

bonds are paid.

(f) The district may contract with the City of Crane for the

operation of the district's water facilities by the City of

Crane. An election is not required in connection with the

contract.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.112. SOURCES FOR WATER; ACQUISITION OF LAND; STORAGE

CAPACITY. (a) The district may acquire or construct inside or

outside the district one or more reservoirs and any work, water

well, water field, pump, plant, transmission line, or other

facility necessary or useful to divert, impound, drill for,

store, treat, or transport water to the City of Crane and others

for municipal, domestic, industrial, mining, oil flooding, or

other useful purposes.

(b) The district may acquire land or an interest in land, inside

or outside the district, for any work, water well, water field,

pump, plant, or other facility necessary or useful to divert,

impound, drill for, store, treat, or transport water to the City

of Crane and others for municipal, domestic, industrial, mining,

oil flooding, or any other useful purpose.

rights in and to storage and storage capacity in any reservoir

constructed or to be constructed by any person.

(d) The district may develop or otherwise acquire underground

sources of water.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.113. ACQUISITION, DISPOSAL, AND MANAGEMENT OF

PROPERTY. The district may:

(1) acquire, own, rent, lease, accept, hold, or dispose of

property or an interest in property, including a right or

easement, by any means, including purchase, exchange, gift,

assignment, condemnation, sale, or lease, to perform a duty or

exercise a power under this chapter;

(2) sell, assign, lease, encumber, mortgage, or otherwise

dispose of property or an interest in property, and release or

relinquish a right, title, claim, lien, interest, easement, or

demand by public or private sale, with or without public bidding,

notwithstanding any other law;

(3) lease or rent any land, buildings, structures, or facilities

to carry out the purposes of this chapter; and

(4) manage, operate, or improve property.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.114. CONSTRUCTION CONTRACTS. (a) The district may

award a construction contract that requires an expenditure of

more than $5,000 only after publication of notice to bidders once

each week for two consecutive weeks in a newspaper of general

circulation in the district.

(b) The notice is sufficient if it states:

(1) the time and place for opening the bids;

(2) the general nature of the work to be done or the material,

equipment, or supplies to be purchased; and

(3) the place where the terms of bidding and copies of the plans

and specifications may be obtained.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.115. CONVEYANCE OF LAND TO DISTRICT. A municipality,

public agency, special district, or other political subdivision

of the state, including the City of Crane, may lease, sell, or

otherwise convey its land or an interest in land to the district

for consideration that the parties agree is adequate. Approval,

notice, consent, or an election is not required in connection

with a conveyance, contract, or agreement.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.116. SURPLUS PROPERTY. Subject to the terms of a

resolution or deed of trust authorizing or securing bonds issued

by the district, the district may sell, lease, rent, trade, or

otherwise dispose of property the board considers not needed for

district purposes.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.117. EMINENT DOMAIN. (a) To carry out a power

conferred by this chapter, the district may exercise the power of

eminent domain to acquire the fee simple title to land or any

other interest in land and other property and easements,

including water rights, land, or any interest in land needed for

water fields, water wells, or reservoir and dam and flood

easements above the probable high water line around any

reservoirs inside or outside the district.

(b) The district must exercise the power of eminent domain in

the manner provided by Chapter 21, Property Code.

interest in land, other property, and easements to be acquired.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.118. COST OF RELOCATING OR ALTERING PROPERTY. (a) In

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

relocating, raising, lowering, rerouting, or change in grade or

alteration of construction required under Subsection (b) to

provide a comparable replacement without enhancing the facility,

after deducting the net salvage value derived from the old

facility.

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

or of another power conferred by this chapter requires

relocating, raising, lowering, rerouting, or changing the grade

of, or altering the construction of any railroad, electric

transmission, telegraph, or telephone line, conduit, pole,

property or facility, or pipeline, the action shall be

accomplished at the sole expense of the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.119. RIGHTS-OF-WAY; EASEMENTS. The district has

necessary or useful rights-of-way and easements along, over,

under, and across all public, state, municipal, and county roads,

highways, and places for any of its purposes. The district shall

restore a facility used by the district to its previous condition

as nearly as possible at the sole expense of the district as

defined by Section 6902.118(a).

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 6902.151. TAX COLLECTION. The district shall contract with

Crane County to collect property taxes for the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.152. ADVISORY DUTIES OF CRANE COUNTY AUDITOR. The

Crane County auditor shall serve as an advisor to the district,

without remuneration, for the preparation of the district's

budget and the imposition of the district's property taxes.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.153. DISTRICT MONEY. The district may acquire, hold,

use, and dispose of its money from any source.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.154. DEPOSITORY. (a) The board may select and shall

designate one or more banks inside or outside the district to

serve as the depository for the district's money.

(b) The district's money shall be deposited in the depository

designated by the board, except that:

(1) bond proceeds and money pledged to pay bonds, to the extent

provided in a resolution or trust indenture authorizing or

securing district bonds, may be deposited with another bank or

trustee named in the bond resolution or trust indenture; and

(2) money shall be remitted to each paying agent for the payment

of principal of and interest on the bonds.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.155. INVESTMENT OF DISTRICT MONEY. The board may

invest district money as determined by the board or in the manner

provided by a resolution or trust indenture authorizing or

securing district bonds.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.156. DISTRICT FACILITIES EXEMPT FROM TAXATION AND

ASSESSMENT. The district is not required to pay a tax or

assessment on its facilities or any part of its facilities.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

SUBCHAPTER E. GENERAL BOND PROVISIONS

Sec. 6902.201. AUTHORITY TO ISSUE BONDS. (a) The district may

issue bonds to carry out any power provided by this chapter. The

bonds must be authorized by a board resolution.

(b) The bonds may be payable from and secured by revenue or

property taxes, or both revenue and property taxes, of the

district, in the manner and under the terms of the resolution

authorizing the issuance of the bonds.

payment of the bonds, and provide for the rights of the

bondholders, in the manner and to the extent permitted by this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.202. FORM OF BONDS. (a) A district bond must be:

(1) issued in the district's name;

(2) signed by the president or vice president;

(3) attested by the secretary; and

(4) bear the district seal.

(b) The district seal may be impressed or printed on the bonds.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.203. MATURITY. District bonds must mature not later

than 40 years after the date of their issuance.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.204. ELECTION FOR BONDS PAYABLE FROM PROPERTY TAXES.

(a) The district may not issue bonds, except refunding bonds,

payable wholly or partly from property taxes unless the issuance

of the bonds is authorized by a majority of the district voters

at an election.

(b) The district may issue bonds not payable wholly or partly

from property taxes without an election.

the board.

(d) A resolution calling a bond election must state:

(1) the time and each place for holding the election;

(2) the purpose for which the bonds are to be issued;

(3) the amount of the bonds;

(4) the form of the ballot; and

(5) other matters considered necessary or advisable by the

board.

(e) The board shall give notice of the election by publishing a

substantial copy of the resolution calling the election in a

newspaper with general circulation in the district once a week

for two consecutive weeks, with the first publication to be not

later than the 14th day before the date of the election.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.205. BONDS SECURED BY REVENUE; ADDITIONAL BONDS. (a)

Bonds issued under this subchapter may be secured by a pledge of

all or part of the district's revenue, or by all or part of the

revenue of one or more district contracts or other revenue or

income specified by board resolution or a trust indenture

securing the bonds. The pledge may reserve the right, under

conditions specified by the pledge, to issue additional bonds

that will be on a parity with or subordinate to the bonds being

issued.

(b) The district may issue bonds secured by both property taxes

and revenue of the district.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.206. BONDS PAYABLE FROM PROPERTY TAXES. (a) If bonds

are issued payable wholly or partly from property taxes, the

board must impose a tax on the taxable property in the district

in an amount sufficient to pay the principal of and interest on

the bonds.

(b) The district may adopt the rate of a tax imposed under

Subsection (a) after giving consideration to the money received

from the pledged revenue that may be available for payment of

principal and interest, to the extent and in the manner permitted

by the resolution authorizing the issuance of the bonds.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.207. ADDITIONAL SECURITY. (a) Bonds not payable

wholly from ad valorem taxes may be additionally secured, at the

discretion of the board, by a deed of trust or mortgage lien on

physical property of the district, franchises, easements, water

rights and appropriation permits, leases, contracts, and all

rights appurtenant to the property, vesting in the trustee power

to:

(1) sell the property for the payment of the debt;

(2) operate the property; and

(3) take other action to further secure the bonds.

(b) A purchaser under a sale under the deed of trust lien, if

one is given:

(1) is the absolute owner of property, facilities, and rights

purchased; and

(2) is entitled to maintain and operate the property and

facilities.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.208. TRUST INDENTURE. (a) A bond issued under this

subchapter, including a refunding bond, that is not payable

wholly from property taxes may be additionally secured by a trust

indenture. The trustee may be a bank with trust powers located

inside or outside the state.

(b) A trust indenture, regardless of the existence of the deed

of trust or mortgage lien on the property, may:

(1) provide for the security of the bonds and the preservation

of the trust estate in the manner prescribed by the board;

(2) provide for amendment or modification of the trust

indenture;

(3) provide for the issuance of bonds to replace lost or

mutilated bonds;

(4) condition the right to spend district money or sell district

property on the approval of a licensed engineer selected as

provided by this chapter; and

(5) provide for the investment of district money.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.209. CHARGES FOR DISTRICT SERVICES. (a) If bonds

payable wholly from revenue are issued, the board shall set the

rates of compensation for water sold and services provided by the

district. The rates must be sufficient to:

(1) pay the expense of operating and maintaining district

facilities;

(2) pay the principal of and interest on the bonds when due; and

(3) maintain the reserve fund and other funds as provided in the

resolution authorizing the bonds.

(b) If bonds payable partly from revenue are issued, the board

shall set the rate of compensation for water sold and any other

services provided by the district. The rate must be sufficient

to ensure compliance with the resolution authorizing the bonds or

the trust indenture securing the bonds.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.210. USE OF BOND PROCEEDS. (a) The district may set

aside and use an amount of proceeds from the sale of bonds issued

under this subchapter for:

(1) the payment of interest expected to accrue during

construction not to exceed three years;

(2) a reserve interest and sinking fund; and

(3) other funds provided by the resolution authorizing the bonds

or in the trust indenture.

(b) The district may use proceeds from the sale of the bonds to

pay any expense necessarily incurred in accomplishing the purpose

of the district, including any expense of issuing and selling the

bonds.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.211. APPOINTMENT OF RECEIVER. (a) On default or

threatened default in the payment of principal of or interest on

bonds issued under this subchapter that are payable wholly or

partly from revenue, a court may, on petition of the holders of

outstanding bonds, appoint a receiver for the district.

(b) The receiver may collect and receive all district income,

except taxes, employ and discharge district agents and employees,

take charge of money on hand, except money received from taxes,

unless commingled, and manage the proprietary affairs of the

district without the consent of the board.

sale of water or renew those contracts with the approval of the

court that appointed the receiver.

(d) The court may vest the receiver with any other power or duty

the court finds necessary to protect the bondholders.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.212. LIMITATION ON RIGHTS OF HOLDERS. The resolution

authorizing the bonds or the trust indenture securing the bonds

may limit or qualify the rights of the holders of less than all

of the outstanding bonds payable from the same source to

institute or prosecute litigation affecting the district's

property or income.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.213. BONDS EXEMPT FROM TAXATION. A bond issued under

this chapter, the transfer of the bond, and income from the bond,

including profits made on the sale of the bond, are exempt from

taxation in this state.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.214. EXCLUSION OF TERRITORY AFTER ISSUANCE OF BONDS.

Territory may not be excluded from the district after the

issuance of bonds.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

SUBCHAPTER F. REFUNDING BONDS

Sec. 6902.251. AUTHORITY TO ISSUE REFUNDING BONDS; APPLICABILITY

OF LAW RELATING TO OTHER BONDS. (a) The district may issue

refunding bonds to refund outstanding bonds issued under this

chapter and interest on those bonds.

(b) The provisions of this chapter relating to the issuance by

the district of other bonds, their security, their approval by

the attorney general, and the remedies of the bondholders apply

to refunding bonds.

(d) The district may also issue refunding bonds under any other

applicable law.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.252. TERMS OF ISSUANCE OF REFUNDING BONDS. Refunding

bonds may:

(1) be issued to refund bonds of more than one series;

(2) combine the pledges for the outstanding bonds for the

security of the refunding bonds; or

(3) be secured by a pledge of other or additional revenue or

mortgage liens.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.253. REGISTRATION OF REFUNDING BONDS BY COMPTROLLER.

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

surrender and cancellation of the bonds to be refunded.

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

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

the resolution authorizing the issuance of the refunding bonds,

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

of the proceeds, together with other money that may be available,

in a bank at which the bonds to be refunded are payable. In that

case, the refunding bonds may be issued in an amount sufficient

to pay the principal of and interest and any required redemption

premium on the bonds to be refunded to any redemption date or to

their maturity date, and the comptroller shall register the

refunding bonds without the surrender and cancellation of the

bonds to be refunded.

making of firm banking arrangements for the discharge and final

payment or redemption of the bonds to be refunded or to be paid

or redeemed.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

Sec. 6902.254. ESCROW AGREEMENT. (a) The district may enter

into an escrow or similar agreement with any place of payment,

paying agent, or trustee with respect to the safekeeping,

investment, administration, and disposition of a deposit made

under Section 6902.253(b).

(b) A deposit under Section 6902.253(b) may be invested only in

direct obligations of the United States, including obligations

the principal of and interest on which are unconditionally

guaranteed by the United States, that mature and bear interest

payable at the times and in amounts sufficient to provide for the

scheduled payment or redemption of the bonds to be refunded. The

obligations may be in book-entry form.

(a) if a bond to be refunded is scheduled to be paid or redeemed

on a date later than the next scheduled interest payment date.

Added by Acts 2007, 80th Leg., R.S., Ch.

920, Sec. 1.06, eff. April 1, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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