reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter B. Water Supply and Sewage › Section 562.016. County Water and Sewer System

Sec. 562.016.  COUNTY WATER AND SEWER SYSTEM.  (a)  A county may acquire, own, finance, operate, or contract for the operation of, a water or sewer utility system to serve an unincorporated area of the county in the same manner and under the same regulations as a municipality under Chapter 552.  The county must comply with all provisions of Chapter 13, Water Code, that apply to a municipality.  However, a county with a population of 2.5 million or more and any adjoining county may, with the municipality's approval, serve an area within a municipality.
(b)  To finance the water or sewer utility system, a county may issue bonds payable solely from the revenue generated by the water or sewer utility system.  A bond issued under this section is not a debt of the county but is only a charge on the revenues pledged and is not considered in determining the ability of the county to issue bonds for any other purpose authorized by law.  This subsection does not authorize the issuance of general obligation bonds payable from ad valorem taxes to finance a water or sewer utility system.  However, a county with a population of 2.5 million or more and any adjoining county may issue general obligation bonds with the approval of qualified voters.
(c)  A county may acquire any interest in property necessary to operate a system authorized by this section through any means available to the county, including eminent domain.  A county may not use eminent domain under this subsection to acquire property in a municipality.  Provided, however, a county with a population of 2.5 million or more and any adjoining county may, with the municipality's approval, use the power of eminent domain under this subsection to acquire property within a municipality.
Added by Acts 1999, 76th Leg., ch. 191, Sec. 1, eff. May 24, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 549 (S.B. 1271), Sec. 1, eff. June 16, 2007.
Acts 2007, 80th Leg., R.S., Ch. 858 (H.B. 1314), Sec. 1, eff. June 15, 2007.
Renumbered from Local Government Code, Section 412.016 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(2), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(15), eff. April 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 200, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter B. Water Supply and Sewage › Section 562.017. Regulation of Water and Sewer Utility in Populous Counties

Sec. 562.017.  REGULATION OF WATER AND SEWER UTILITY IN POPULOUS COUNTIES.  (a)  In this section, "water or sewer utility system" means a water or sewer utility system that serves:
(1)  an economically distressed area as defined by Section 15.001, Water Code; or
(2)  an area listed on:
(A)  the state registry by the Texas Commission on Environmental Quality under Subchapter F, Chapter 361, Health and Safety Code; or
(B)  the National Priorities List by the federal Environmental Protection Agency under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601-9675, as amended by the Superfund Amendments and Reauthorization Act of 1986.
(b)  A county with a population of 3.3 million or more may by order:
(1)  prohibit a person from installing an on-site sewage disposal system, as defined by Section 366.002, Health and Safety Code, or installing a water well, if the lot or parcel of land on which the on-site sewage disposal system or water well is to be installed has access to service from a water or sewer system; and
(2)  prohibit a person from installing another water or sewer utility system to serve a lot or parcel of land within the area if the lot or parcel of land has access to service from a water or sewer utility system.
(c)  A county that adopts an order under Subsection (b) may adopt the order only if the area that has access to service from a water or sewer utility system:
(1)  is not served by another legally operating water or sewer utility system at the time the order is adopted; and
(2)  was developed before September 1, 1987.
(d)  A person who violates an order adopted under this section is liable to the county for a civil penalty of not more than $1,000 for each violation.  Each day a violation continues is a separate violation for purposes of assessing the civil penalty.
(e)  A county may bring suit in a district court to restrain a violation or threatened violation of an order adopted under this section, recover a civil penalty, or both.  The county is not required to give bond as a condition to issuing injunctive relief.
(f)  Except as provided in Subsection (g), a county that is involved in selecting a water or sewer utility system and that adopts an order under Subsection (b) may adopt the order only if the county complies with Chapter 262 in selecting the water or sewer utility system.
(g)  Section 262.024 does not apply to this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 858 (H.B. 1314), Sec. 2, eff. June 15, 2007.
Transferred from Local Government Code, Section 412.017 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(69), eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 562 - County Water Supply › Subchapter B. Water Supply and Sewage › Section 562.018. Water Supply and Sewage System for Certain Border Counties

Sec. 562.018.  WATER SUPPLY AND SEWAGE SYSTEM FOR CERTAIN BORDER COUNTIES.  (a)  This section applies only to a county:
(1)  that is located adjacent to an international border; and
(2)  in which a military installation and a national recreation area are located.
(b)  The commissioners court of a county to which this section applies may acquire, construct, or operate a water supply system or a sewage system to serve unincorporated areas of the county.
(c)  The county may enter a management or lease agreement with another public or private entity for the operation of a county water or sewage system acquired or constructed under this section.
(d)  The county may apply for and receive grants or other assistance from a state or federal governmental entity to implement this section.
(e)  The county may own, operate, or maintain a water or sewer utility in the same manner as a municipality under Chapter 402.
(f)  A county may not construct, operate, or maintain a water supply system or sewage system in an area previously served by the county's water supply or sewage system after the area is annexed by a municipality and the municipality begins providing to the area water or sewer services previously provided by the county.
(g)  This section does not authorize a county to sell water for a purpose other than for local use.
Added by Acts 2007, 80th Leg., R.S., Ch. 1104 (H.B. 3475), Sec. 1, eff. September 1, 2007.
Transferred from Local Government Code, Section 412.017 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(70), eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter A. General Provisions › Section 563.001. Applicability of Chapter

Sec. 563.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to a county that:
(1)  adopts an order under Section 563.052; and
(2)  has a population of 10,000 or less, according to the most recent federal census, on the date on which the order is adopted.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.001 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(16), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter A. General Provisions › Section 563.002. County Financing of Water or Wastewater System

Sec. 563.002.  COUNTY FINANCING OF WATER OR WASTEWATER SYSTEM.  The commissioners court of a county may spend money in the general fund of the county or issue and sell bonds to finance the county's:
(1)  wastewater collection and treatment system;  or
(2)  water supply and distribution system.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.002 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.051. Definition

Sec. 563.051.  DEFINITION.  In this subchapter, "board" means a county utility system board established under Section 563.052.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.051 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(17), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.052. Authority to Establish Board

Sec. 563.052.  AUTHORITY TO ESTABLISH BOARD.  (a)  The commissioners court of a county by order adopted at a regular meeting of the court may establish a county utility system board to operate and manage the county's:
(1)  wastewater collection and treatment system;
(2)  water supply and distribution system;  or
(3)  solid waste collection and disposal system.
(b)  The board is responsible for the operation and management of each utility system that is:
(1)  owned or being acquired by the county;  and
(2)  placed under its control under Subsection (a).
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.052 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.053. Board Composition

Sec. 563.053.  BOARD COMPOSITION.  (a)  The board is composed of five directors.
(b)  One director must be a member of the commissioners court appointed by the court at its first meeting of each county fiscal year.
(c)  Four directors are elected by voters in the county.  The elected positions are designated as positions 1, 2, 3, and 4.  Elected directors serve two-year terms with the terms of positions 1 and 3 beginning October 1 of each odd-numbered year and the terms of positions 2 and 4 beginning October 1 of each even-numbered year.  A candidate must be a qualified voter of the county.
(d)  An election shall be held on the second Saturday of each September to fill the appropriate director positions.
(e)  The commissioners court shall appoint temporary directors to serve until the initially elected directors take office.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.053 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.054. Board Officers

Sec. 563.054.  BOARD OFFICERS.  (a)  The directors shall select a president, vice president, secretary, and treasurer to serve one-year terms.
(b)  The president and vice president must be members of the board.  The secretary and treasurer are not required to be board members.
(c)  The offices of secretary and treasurer may be combined.
(d)  The president is the board's chief executive officer and budget officer and shall preside at the meetings of the board.
(e)  The vice president shall act as president if the president is incapacitated or absent from a meeting.
(f)  The secretary shall keep the records and the minutes of the meetings of the board.
(g)  The board shall require the treasurer to give a bond in the amount equal to the estimated amount to be held, at any time, by the treasurer.  The board shall pay the bond premium.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.054 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.055. Compensation of Directors

Sec. 563.055.  COMPENSATION OF DIRECTORS.  A director is entitled to receive:
(1)  reimbursement for actual expenses incurred in conducting the business of the board;  and
(2)  a fee in the amount set by the commissioners court for each meeting attended.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.055 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.056. Applicability of Other Law to Board and County

Sec. 563.056.  APPLICABILITY OF OTHER LAW TO BOARD AND COUNTY.  (a)  The board is subject to:
(1)  Subchapter C, Chapter 262;
(2)  the open meetings law, Chapter 551, Government Code;
(3)  the public information law, Chapter 552, Government Code;  and
(4)  Chapter 2256, Government Code.
(b)  The board is a governmental unit for purposes of Chapter 101, Civil Practice and Remedies Code, and all of its activities are essential governmental functions.
(c)  The board and the county when operating under this subchapter are subject to:
(1)  Chapter 271;
(2)  Chapter 1371, Government Code;  and
(3)  Subchapters C and D.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.056 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.057. Bylaws

Sec. 563.057.  BYLAWS.  (a)  The board may adopt bylaws to regulate its affairs and establish the area in the county in which it has responsibility for providing utility service.
(b)  The bylaws may provide for a seal for the board.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.057 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.058. Utility System's Budget

Sec. 563.058.  UTILITY SYSTEM'S BUDGET.  (a)  The president of the board, with the assistance of the business manager, shall propose a budget for each utility system under the board's control that includes for the next fiscal year of the county:
(1)  the anticipated revenue of that utility system by each source;  and
(2)  the expenses of that utility system and the board.
(b)  The president shall submit the budget to the board not later than June 1 of each year.
(c)  The board shall:
(1)  schedule a public hearing to consider the budget not later than July 1 of each year;
(2)  adopt a final budget not later than July 15 of each year;  and
(3)  submit the final budget to the commissioners court for consideration as a part of the county budget.
(d)  Until the county budget is adopted, the budget for each utility system is the same as the budget for that system in the preceding fiscal year.  If a system's preceding budget was for a period shorter than a complete fiscal year, the budget for that system is increased proportionally to cover a fiscal year.
(e)  The board and the commissioners court shall include in the budget an amount sufficient to pay and secure any outstanding obligation under this chapter to the extent the obligation is payable from the revenue of a utility system.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.058 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.059. Deposit of Revenue

Sec. 563.059.  DEPOSIT OF REVENUE.  (a)  Except as provided by Subsection (b), the treasurer of the board shall deposit all revenue from a system operated and managed by the board to the credit of one or more separate accounts in the county depository.
(b)  The treasurer may deposit amounts set aside for the payment or security of obligations issued on behalf of the board with the paying agent as provided by the order authorizing the issuance of the obligations.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.059 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.060. Disbursement of Utility System's Money

Sec. 563.060.  DISBURSEMENT OF UTILITY SYSTEM'S MONEY.  (a)  The board in its bylaws shall provide procedures under which money the board deposits in the county depository may be spent only after the board has determined that the money for payment was properly budgeted.  Approval of the board is not required for the transfer of money to a paying agent to pay and secure an outstanding obligation.
(b)  A check issued by the board must be signed by at least two persons, at least one of whom is an officer of the board.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.060 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.061. Rates and Charges

Sec. 563.061.  RATES AND CHARGES.  The board may establish rates and charges for services, fees for connections, security deposits, and other charges required for efficient operation of each utility system for which it has responsibility.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.061 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.062. Use of Eminent Domain Prohibited

Sec. 563.062.  USE OF EMINENT DOMAIN PROHIBITED.  The board may not exercise the power of eminent domain.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.062 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.063. Extension or Improvement of System

Sec. 563.063.  EXTENSION OR IMPROVEMENT OF SYSTEM.  (a)  The board may provide for an extension or improvement to a utility system.
(b)  The board may not provide for the extension of service to an area within the boundaries or extraterritorial jurisdiction of a municipality or within a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution, without the consent of the governing body of the municipality or district.
(c)  The service area of the board may not include territory that on June 6, 1993, was served by another utility under a certificate of public convenience and necessity unless the certificate ceases to be effective.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.063 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.064. Purchase of Water or Wastewater System

Sec. 563.064.  PURCHASE OF WATER OR WASTEWATER SYSTEM.  With the approval of the commissioners court, the board may purchase an existing privately owned wastewater collection and treatment system or water supply and distribution system that supplies retail utility service in the county.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.064 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.065. Abolition of Conservation and Reclamation District

Sec. 563.065.  ABOLITION OF CONSERVATION AND RECLAMATION DISTRICT.  (a)  With the consent of the directors of a conservation and reclamation district located in a county, the commissioners court of the county may assume the outstanding obligations of the district and provide for the abolition of the district.
(b)  The territory of the former district remains secondarily liable for the payment of any taxes pledged to the payment of an outstanding debt of the former district until the debt is paid or payment has been provided for, including refunding by the county.  The commissioners court as the successor to the district shall impose those taxes in the territory of the former district.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.065 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.066. Authority to Issue Ad Valorem Tax Obligations

Sec. 563.066.  AUTHORITY TO ISSUE AD VALOREM TAX OBLIGATIONS.  (a)  The board may not incur or issue an obligation that is payable, in whole or in part, from ad valorem taxes.
(b)  The commissioners court of the county by order may authorize on behalf of the board the issuance of obligations payable in whole or in part from ad valorem taxes to acquire, improve, repair, or extend the county's wastewater collection system, treatment system, water supply and distribution system, or solid waste collection and disposal system.
(c)  An order under Subsection (b) must be adopted at a regular meeting of the commissioners court.
(d)  If the obligations authorized under this section are payable from ad valorem taxes and revenue, the board must also approve the issuance of the obligations.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.066 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.067. Authority to Issue Revenue Obligations

Sec. 563.067.  AUTHORITY TO ISSUE REVENUE OBLIGATIONS.  The board by resolution may authorize the issuance of obligations for one or more of the purposes described by Section 563.066(b) that are payable solely from the revenue of one or more systems.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.067 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(18), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter B. County Utility System Board for Water, Wastewater, or Solid Waste System › Section 563.068. Maturity

Sec. 563.068.  MATURITY.  An obligation issued under this subchapter must mature not later than 40 years after its date.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.068 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter C. Bonds for Water or Wastewater System › Section 563.101. Pledge for Payment of Bonds

Sec. 563.101.  PLEDGE FOR PAYMENT OF BONDS.  The commissioners court of a county may provide for the payment of the principal of and interest on bonds issued under this chapter:
(1)  by pledging all or part of the county's revenue from its wastewater collection and treatment system or water supply and distribution system;  or
(2)  from other sources.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.101 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter C. Bonds for Water or Wastewater System › Section 563.102. Additional Bond Security

Sec. 563.102.  ADDITIONAL BOND SECURITY.  (a)  Bonds issued under this chapter may be secured additionally by an encumbrance on part or all of the physical property of the wastewater collection and treatment system or water supply and distribution system and each right relating to that property, vesting in the trustee the power to:
(1)  operate the property;
(2)  sell the property to pay the debt;  or
(3)  take any other action to secure the bonds.
(b)  Regardless of an encumbrance on the property, a trust indenture on the property may:
(1)  contain any provision that the commissioners court prescribes for the security of the bonds and the preservation of the trust estate;
(2)  provide for amendment or modification of the trust indenture;  and
(3)  provide for investment of money from the wastewater collection and treatment system or water supply and distribution system.
(c)  A purchaser under a sale under the encumbrance on the physical property:
(1)  is the absolute owner of the property and the rights purchased;  and
(2)  may maintain and operate the property.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.102 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter C. Bonds for Water or Wastewater System › Section 563.103. Contents of Order or Resolution Authorizing Issuance of Bonds

Sec. 563.103.  CONTENTS OF ORDER OR RESOLUTION AUTHORIZING ISSUANCE OF BONDS.  (a)  An order or resolution of the commissioners court authorizing the issuance of bonds, including refunding bonds, under this chapter may:
(1)  provide for the flow of funds and the establishment and maintenance of an interest and sinking fund, a reserve fund, or another fund;
(2)  prohibit the further issuance of obligations payable from the pledged revenues or reserve the right to issue additional bonds that are on a parity with, or subordinate to, the lien and pledge on the revenue being used to support the bonds being issued;  and
(3)  contain any other provision determined by the commissioners court.
(b)  The commissioners court may make covenants with respect to the bonds, the pledged revenues, and the operation and maintenance of any facilities the revenue of which is pledged.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.103 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter C. Bonds for Water or Wastewater System › Section 563.104. Adoption and Execution of Documents

Sec. 563.104.  ADOPTION AND EXECUTION OF DOCUMENTS.  The commissioners court may adopt and have executed any other proceeding or instrument necessary and convenient in the issuance of bonds under this chapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.104 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter C. Bonds for Water or Wastewater System › Section 563.105. Maturity

Sec. 563.105.  MATURITY.  A bond issued under this chapter other than a bond issued under Subchapter B  must mature not later than 25 years after its date of issuance.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.105 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter C. Bonds for Water or Wastewater System › Section 563.106. Authorized Investment for Savings and Loan Association

Sec. 563.106.  AUTHORIZED INVESTMENT FOR SAVINGS AND LOAN ASSOCIATION.  A bond issued under this chapter is an authorized investment for a savings and loan association.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.106 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter C. Bonds for Water or Wastewater System › Section 563.107. Exemption From Taxation

Sec. 563.107.  EXEMPTION FROM TAXATION.  A bond issued under this chapter, any transaction relating to the bond, and profits made in the sale of the bond are exempt from taxation by this state or by a municipality or other political subdivision of the state.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.107 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter D. Refunding Bonds › Section 563.151. Authority to Issue Refunding Bonds

Sec. 563.151.  AUTHORITY TO ISSUE REFUNDING BONDS.  A county may issue bonds under this subchapter to refund all or part of its outstanding bonds issued under this chapter, including matured but unpaid interest coupons.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.151 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter D. Refunding Bonds › Section 563.152. Sources Available for Payment

Sec. 563.152.  SOURCES AVAILABLE FOR PAYMENT.  Refunding bonds issued under this subchapter may be payable from any source, including the source from which the bonds to be refunded are payable.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.152 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter D. Refunding Bonds › Section 563.153. Registration

Sec. 563.153.  REGISTRATION.  The comptroller shall register refunding bonds issued under this subchapter on surrender and cancellation of the bonds to be refunded.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.153 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter D. Refunding Bonds › Section 563.154. Authority to Deposit With Paying Agent

Sec. 563.154.  AUTHORITY TO DEPOSIT WITH PAYING AGENT.  (a)  In an order or resolution authorizing the issuance of refunding bonds, the commissioners court may provide that proceeds from the sale of the bonds are to be deposited with the person at whose location the bonds to be refunded are payable.
(b)  If the authorization includes a provision authorized by Subsection (a), the commissioners court may issue the refunding bonds before the cancellation of the bonds to be refunded.  The commissioners court shall deposit with the person at whose location the bonds to be refunded are payable an amount sufficient to pay the principal of those bonds and interest on those bonds accruing to the maturity date or to the option date if the bonds have been called for payment before maturity according to their terms.
(c)  The comptroller shall register refunding bonds issued under this section without the surrender and cancellation of the bonds to be refunded.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.154 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle B - County Water › Chapter 563 - Water, Wastewater, or Solid Waste Systems in Counties With Population of 10,000 or Less › Subchapter D. Refunding Bonds › Section 563.155. Manner of Refunding

Sec. 563.155.  MANNER OF REFUNDING.  The refunding may take place in one delivery or in installment deliveries.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 413.155 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(b)(3), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle C - Water Provisions Applying to More Than One Type of Local Government › Chapter 571 - Seawalls and Levees in Coastal Municipalities and Counties › Subchapter A. Authority of County or Municipality Bordering Gulf › Section 571.001. Applicability of Subchapter

Sec. 571.001.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a county or municipality that borders the Gulf of Mexico.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 421.001 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(c)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle C - Water Provisions Applying to More Than One Type of Local Government › Chapter 571 - Seawalls and Levees in Coastal Municipalities and Counties › Subchapter A. Authority of County or Municipality Bordering Gulf › Section 571.002. Authorized Projects; Debt

Sec. 571.002.  AUTHORIZED PROJECTS;  DEBT.  (a)  The commissioners court of the county or the municipal authority of the municipality may:
(1)  establish, construct, extend, maintain, or improve a seawall, breakwater, levee, floodway, or drainway;
(2)  improve, maintain, or beautify a boulevard erected in connection with the seawall, breakwater, levee, floodway, or drainway;  and
(3)  for purposes of implementing Subchapter H, Chapter 33, Natural Resources Code:
(A)  participate as a qualified project partner for an erosion response project undertaken by the General Land Office, as those terms are defined by Section 33.601, Natural Resources Code;  and
(B)  undertake or contribute to the funding of:
(i)  beach renourishment on public beaches, as defined by Section 61.012, Natural Resources Code;  or
(ii)  any other erosion response project as defined by Section 33.601, Natural Resources Code, on waterways, bays, and bay shorelines.
(b)  The commissioners court or municipal authority may incur debt for a purpose authorized under Subsection (a).
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 485, Sec. 1, eff. June 20, 2003.
Renumbered from Local Government Code, Section 421.002 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(c)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle C - Water Provisions Applying to More Than One Type of Local Government › Chapter 571 - Seawalls and Levees in Coastal Municipalities and Counties › Subchapter A. Authority of County or Municipality Bordering Gulf › Section 571.003. Use of Public Property

Sec. 571.003.  USE OF PUBLIC PROPERTY.  (a)  The commissioners court or municipal authority may impose additional uses or restrictions on a street, alley, public highway, or other public ground necessary for the location, construction, or maintenance of a seawall, breakwater, levee, floodway, or drainway.
(b)  The commissioners court or municipal authority may authorize an additional use of the seawall, breakwater, levee, floodway, or drainway if that use will not impair the efficiency of the seawall, breakwater, levee, floodway, or drainway.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 421.003 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(c)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle C - Water Provisions Applying to More Than One Type of Local Government › Chapter 571 - Seawalls and Levees in Coastal Municipalities and Counties › Subchapter A. Authority of County or Municipality Bordering Gulf › Section 571.004. Acquisition of Property; Eminent Domain

Sec. 571.004.  ACQUISITION OF PROPERTY;  EMINENT DOMAIN.  (a)  The county or municipality may acquire property that is necessary for the establishment, construction, and maintenance of a seawall, breakwater, levee, floodway, or drainway.
(b)  The county or municipality may exercise the right of eminent domain to condemn an interest in real property for the purposes described by Subsection (a).  The county or municipality must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code.
(c)  Before exercising the power of eminent domain under this section the commissioners court or municipal authority, by order, ordinance, or resolution entered in its minutes, shall define and describe the real property to be acquired and shall determine whether an easement or fee simple interest in the real property is to be taken.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 421.004 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(c)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle C - Water Provisions Applying to More Than One Type of Local Government › Chapter 571 - Seawalls and Levees in Coastal Municipalities and Counties › Subchapter A. Authority of County or Municipality Bordering Gulf › Section 571.005. Cession of Use and Control of State Land

Sec. 571.005.  CESSION OF USE AND CONTROL OF STATE LAND.  The state cedes to a county or municipality that uses this subchapter the right to the use and control of as much of the land and sea bottom below high tide that the commissioners court or municipal authority considers necessary for the purposes prescribed by this subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 421.005 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(c)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle C - Water Provisions Applying to More Than One Type of Local Government › Chapter 571 - Seawalls and Levees in Coastal Municipalities and Counties › Subchapter A. Authority of County or Municipality Bordering Gulf › Section 571.006. Tax; Bonds

Sec. 571.006.  TAX;  BONDS.  (a)  The commissioners court or municipal authority may impose a tax to pay the debt incurred under Section 571.002.  The rate of the tax in any year may not exceed 50 cents on each $100 of the taxable value of property taxable by the county or municipality.
(b)  The commissioners court or municipal authority may issue bonds under this subchapter for the payment of the debt, but, if revenue from the tax will not pay off the debt within five years, the commissioners court or municipal authority shall issue bonds for the payment of the debt.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 421.006 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(c)(1), eff. April 1, 2009.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(19), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle C - Water Provisions Applying to More Than One Type of Local Government › Chapter 571 - Seawalls and Levees in Coastal Municipalities and Counties › Subchapter A. Authority of County or Municipality Bordering Gulf › Section 571.007. Prerequisites for Issuing Bonds; Election

Sec. 571.007.  PREREQUISITES FOR ISSUING BONDS;  ELECTION.  (a)  Before the commissioners court or municipal authority may issue bonds under this subchapter:
(1)  the commissioners court or municipal authority shall prescribe the amount of and the rate of interest on bonds to be issued;  and
(2)  the tax proposed to pay the interest and sinking fund on the bonds must be approved by a majority of the voters of the county or municipality, as appropriate, voting at an election held on the proposed tax.
(b)  The election shall be held in accordance with Chapter 1251, Government Code.  In addition to the notice required under Section 1251.003, Government Code, and Chapter 4, Election Code, the commissioners court or municipal authority shall mail to each registered voter in the county or municipality a copy of the ballot proposition before the 10th day preceding the date of the election.
(c)  The commissioners court or municipal authority shall issue any bonds under this subchapter in compliance with the applicable provisions of Subtitles A and C, Title 9, Government Code.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 421.007 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(c)(1), eff. April 1, 2009.
2023 Texas Statutes › Local Government Code › Title 13 - Water and Utilities › Subtitle C - Water Provisions Applying to More Than One Type of Local Government › Chapter 571 - Seawalls and Levees in Coastal Municipalities and Counties › Subchapter A. Authority of County or Municipality Bordering Gulf › Section 571.008. Election Results

Sec. 571.008.  ELECTION RESULTS.  If the canvass of the election returns shows that the requisite number of voters voted in favor of the proposition, the commissioners court or municipal authority may issue the bonds and impose the tax for the purposes provided by this subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 16, eff. Sept. 1, 1999.
Renumbered from Local Government Code, Section 421.008 by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.76(c)(1), eff. April 1, 2009.