reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter B. Commission › Section 9501.056. Presiding Officer

Sec. 9501.056.  PRESIDING OFFICER.  (a)  The members of the commission shall annually elect one member as presiding officer.
(b)  The presiding officer shall:
(1)  preside over commission meetings;  and
(2)  sign each contract, warrant, or other instrument made or issued by the commission.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter B. Commission › Section 9501.057. Compensation; Certified Report

Sec. 9501.057.  COMPENSATION;  CERTIFIED REPORT.  (a)  The commissioners court and the governing body of the municipality by order or resolution shall set the compensation of members of the commission.  The amount of compensation for each member may not exceed $150 for each day that the member attends an official meeting of the commission.  The total amount of compensation for each member each month may not exceed $600.
(b)  Each member shall submit to the county auditor for each pay period a certified report that describes in detail each time the member attended an official meeting of the commission.  The report must be submitted on a date prescribed by the commissioners court and the governing body of the municipality.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1027 (S.B. 322), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter B. Commission › Section 9501.058. Removal From Office

Sec. 9501.058.  REMOVAL FROM OFFICE.  The commissioners court and the governing body of the municipality, by a majority vote in a joint session, may remove a member of the commission from office only for malfeasance.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter B. Commission › Section 9501.059. Treasurer

Sec. 9501.059.  TREASURER.  The county treasurer of Matagorda County shall serve as treasurer of the commission.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter B. Commission › Section 9501.060. Auditor

Sec. 9501.060.  AUDITOR.  The county auditor for Matagorda County is the auditor for the commission.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter B. Commission › Section 9501.061. Employment of Attorney

Sec. 9501.061.  EMPLOYMENT OF ATTORNEY.  The commission may employ an attorney for legal services required by the commission.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter C. Powers and Duties › Section 9501.101. Commission Powers

Sec. 9501.101.  COMMISSION POWERS.  The commission may exercise the authority granted to a county or municipality under Section 571.002, 571.003, 571.004, or 571.005 or Section 571.011(a) or (b), Local Government Code.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(25), eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter C. Powers and Duties › Section 9501.1015. Recreational Facilities

Sec. 9501.1015.  RECREATIONAL FACILITIES.  The commission may establish, construct, and maintain recreational facilities for public use adjacent to the seawall in Matagorda County.
Added by Acts 2011, 82nd Leg., R.S., Ch. 629 (S.B. 801), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter C. Powers and Duties › Section 9501.102. Authority to Contract

Sec. 9501.102.  AUTHORITY TO CONTRACT.  The commission may enter into a contract relating to the performance of any function described by Section 571.002, Local Government Code.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(26), eff. April 1, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter C. Powers and Duties › Section 9501.103. Purchasing and Contracting

Sec. 9501.103.  PURCHASING AND CONTRACTING.  The commission, in the performance of functions under this chapter, has the same powers granted to a county under Subchapter C, Chapter 262, and Chapter 271, Local Government Code, and is subject to the same requirements imposed on a county under those provisions.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter C. Powers and Duties › Section 9501.104. Annual Report Required

Sec. 9501.104.  ANNUAL REPORT REQUIRED.  The commission shall annually submit a report to the commissioners court and the governing body of the municipality.  The report must:
(1)  describe the commission's financial condition and operations during the preceding year;
(2)  propose a budget for the following year;  and
(3)  describe generally the work proposed for the following year.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter C. Powers and Duties › Section 9501.105. Condemnation Proceedings

Sec. 9501.105.  CONDEMNATION PROCEEDINGS.  (a)  A condemnation proceeding brought by the commission must be brought in the name of the commission and under the direction of the commission.
(b)  An appeal from a finding and assessment of damages as provided by Chapter 21, Property Code, does not suspend work of the commission.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter D. Financial Provisions › Section 9501.151. Ad Valorem Tax

Sec. 9501.151.  AD VALOREM TAX.  (a)  The commission may impose an ad valorem tax on real property within the commission's jurisdiction.
(b)  The commission shall determine the tax rate, which may not exceed 10 cents for each $100 valuation of property.
(c)  Revenue from the tax may be used only to pay for functions of the commission.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter D. Financial Provisions › Section 9501.152. Assessment and Collection of Taxes

Sec. 9501.152.  ASSESSMENT AND COLLECTION OF TAXES.  The county tax assessor and collector shall assess and collect taxes imposed by the commission in the manner provided by law for the assessment and collection of county taxes.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9501 - Seawall Commission in Matagorda County › Subchapter D. Financial Provisions › Section 9501.153. Disbursement of Funds

Sec. 9501.153.  DISBURSEMENT OF FUNDS.  The commission may disburse funds set aside by the commissioners court and the governing body of the municipality for the performance of the commission's functions.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter A. General Provisions › Section 9502.0101. Definitions

Sec. 9502.0101.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Gulf Coast Protection District.
(4)  "Ecosystem restoration report" means the Sabine Pass to Galveston Bay, Texas Coastal Storm Risk Management and Ecosystem Restoration Final Integrated Feasibility Report—Environmental Impact Statement issued by the Galveston District, Southwestern Division, of the United States Army Corps of Engineers in May 2017.
(5)  "Protection and restoration study" means the Coastal Texas Protection and Restoration Feasibility Study Final Integrated Feasibility Report and Environmental Impact Statement to be issued by the Galveston District, Southwestern Division, of the United States Army Corps of Engineers, the draft version of which was issued in October 2020.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter A. General Provisions › Section 9502.0102. Nature of District

Sec. 9502.0102.  NATURE OF DISTRICT.  The district is a special district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter A. General Provisions › Section 9502.0103. Findings of Benefit and Public Purpose

Sec. 9502.0103.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The creation of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter.
(b)  The creation of the district is necessary to establish an instrumentality for protecting the coast in Chambers, Galveston, Harris, Jefferson, and Orange Counties, and territory annexed to the district under Section 9502.0104(b), in the manner provided by this chapter.
(c)  The district is created to serve a public use and benefit.
(d)  All land and other property included in the boundaries of the district will benefit from the works and projects accomplished by the district.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 552 (H.B. 5409), Sec. 1, eff. June 10, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter A. General Provisions › Section 9502.0104. District Territory

Sec. 9502.0104.  DISTRICT TERRITORY.  (a)  The district is composed of the territory in Chambers, Galveston, Harris, Jefferson, and Orange Counties and territory annexed to the district as described by Subsection (b).
(b)  The governing body of the district by order shall annex to the district the territory of a county included in the protection and restoration study at the request of the commissioners court of that county.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter A. General Provisions › Section 9502.0105. Application of Sunset Act

Sec. 9502.0105.  APPLICATION OF SUNSET ACT.  (a)  The district is subject to review under Chapter 325, Government Code (Texas Sunset Act), but may not be abolished under that chapter.  The review shall be conducted under Section 325.025, Government Code, as if the authority were a state agency scheduled to be abolished September 1, 2035, and every 12th year after that year.
(b)  The limited review under this section must assess the district's:
(1)  governance;
(2)  management;
(3)  operating structure; and
(4)  compliance with legislative requirements.
(c)  The district shall pay the cost incurred by the Sunset Advisory Commission in performing the review.  The Sunset Advisory Commission shall determine the cost, and the district shall pay the amount promptly on receipt of a statement from the Sunset Advisory Commission detailing the cost.
(d)  The district may not be required to conduct a management audit under 30 T.A.C. Chapter 292.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 3.11, eff. June 18, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter B. Board of Directors › Section 9502.0201. Governing Body; Terms

Sec. 9502.0201.  GOVERNING BODY; TERMS.  (a)  The district is initially governed by a board of 11 directors.
(b)  The commissioners courts of Chambers County, Galveston County, Harris County, Jefferson County, and Orange County each shall appoint one director.
(c)  The governor, with the advice and consent of the senate, shall appoint six directors as follows:
(1)  two directors to represent Harris County, in addition to the member appointed by the commissioners court under Subsection (b);
(2)  one director to represent a municipality in the district;
(3)  one director to represent ports;
(4)  one director to represent industry; and
(5)  one director to represent environmental concerns.
(c-1)  If the territory of a county is annexed to the district under Section 9502.0104(b):
(1)  the commissioners court of the county shall appoint one additional director; and
(2)  the governor, with the advice and consent of the senate, shall appoint one additional director as needed to ensure the board has an odd number of directors.
(d)  In making the appointments required by Subsections (c) and (c-1), the governor shall ensure that residents of a single county do not make up a majority of the directors.
(e)  The governor shall consult with:
(1)  the commissioners court of Harris County in making the appointments required by Subsection (c)(1); and
(2)  municipalities in the district in making the appointment required by Subsection (c)(2).
(f)  Directors serve staggered four-year terms.
(g)  When a director's term expires, the appointing entity shall appoint a successor.
(h)  If a director's office becomes vacant by death, resignation, or removal, the appointing entity shall appoint a director to serve for the remainder of the unexpired term.
(i)  The board shall elect a presiding officer from among the directors to serve in that position for two years.  A director may serve as the presiding officer for not more than two consecutive terms.
(j)  Notwithstanding Subsection (f), the governor shall designate from the 11 initial directors 5 directors to serve a first term of two years.  This subsection expires September 1, 2025.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 552 (H.B. 5409), Sec. 2, eff. June 10, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter B. Board of Directors › Section 9502.0202. Qualification

Sec. 9502.0202.  QUALIFICATION.  (a)  To qualify for office, a director must be a registered voter who resides in the district.
(b)  To qualify for office, a director described by Section 9502.0201(b), (c)(1) or (2), or (c-1)(1) must be a resident of the county or municipality the person is appointed to represent.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 552 (H.B. 5409), Sec. 3, eff. June 10, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter B. Board of Directors › Section 9502.0203. Certain Conflicts Prohibited

Sec. 9502.0203.  CERTAIN CONFLICTS PROHIBITED.  (a)  An individual is not eligible to serve as a director if, in the preceding 24 months, the individual had an interest in or was employed by or affiliated with a person who has submitted a bid or entered into a contract for a district project.
(b)  The board may not employ or appoint an individual described by Subsection (a) to work for the district.
(c)  A director may not acquire a direct or indirect interest in a district project.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter B. Board of Directors › Section 9502.0204. Reimbursement

Sec. 9502.0204.  REIMBURSEMENT.  A director is not entitled to compensation but is entitled to reimbursement for necessary expenses incurred in carrying out the duties and responsibilities of the board.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter B. Board of Directors › Section 9502.0205. Voting

Sec. 9502.0205.  VOTING.  A concurrence of a majority of the directors is required for transacting any business of the district.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter B. Board of Directors › Section 9502.0206. Temporary Executive Director

Sec. 9502.0206.  TEMPORARY EXECUTIVE DIRECTOR.  The governor shall appoint a temporary executive director for the district to serve until the initial board members hire an executive director for the district.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter C. Powers and Duties › Section 9502.0301. General District Powers

Sec. 9502.0301.  GENERAL DISTRICT POWERS.  (a)  Except as otherwise provided by this section, the district may:
(1)  establish, construct, extend, maintain, operate, or improve a coastal barrier or storm surge gate in the manner provided by Chapter 571, Local Government Code, for a county to establish, construct, extend, maintain, or improve a seawall;
(2)  exercise the authority granted to counties to conduct any project described by Chapter 571, Local Government Code;
(3)  establish, construct, and maintain recreational facilities for public use and environmental mitigation facilities related to a project described by Subdivision (1) or (2);
(4)  establish, construct, maintain, or operate a project recommended in the ecosystem restoration report or the protection and restoration study; and
(5)  provide interior drainage remediation or improvements to reduce additional flood risk for a project recommended in the ecosystem restoration report where additional flood risk results from the design or construction of a project described by Subdivision (1), (2), or (4).
(b)  Sections 571.006, 571.007, 571.008, 571.009, and 571.010, Local Government Code, do not apply to the district.
(c)  Before implementing a project described by Subsection (a), the district shall consult with local, state, and federal entities to determine whether an environmental remediation response action is anticipated or located near or at the proposed location of the project.
(d)  If implementation of a project described by Subsection (a) disrupts, wholly or partly, an ongoing or planned environmental remediation response action, the district shall:
(1)  consult with the responsible party of the environmental remediation response action; and
(2)  coordinate implementation of the project in a manner that does not disrupt the environmental remediation response action.
(e)  If implementation of a project described by Subsection (a) disrupts, wholly or partly, the operations of or requires the use of property owned by a port authority, navigation district, or drainage district the district shall:
(1)  consult with the authority or district, as applicable;
(2)  consider reasonable changes in the project to mitigate the effects of the project on the operations or property, including changes proposed by the authority or district, as applicable; and
(3)  consider reasonable changes in the implementation of the project requested by the authority or district, as applicable, to mitigate the effects of the project on the operations or property.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 552 (H.B. 5409), Sec. 4, eff. June 10, 2023.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter C. Powers and Duties › Section 9502.0302. Taxes and Bonds

Sec. 9502.0302.  TAXES AND BONDS.  (a)  The district must hold an election in the manner provided by Chapter 49, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
(b)  The board may impose the tax at a rate not to exceed 5 cents on each $100 valuation.
(c)  The district, without an election, may issue bonds, notes, or other obligations secured by revenue other than ad valorem taxes.
(d)  The district may grant an abatement for a tax owed to the district in the manner provided by Chapter 312, Tax Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter C. Powers and Duties › Section 9502.0303. Requirements for Certain Projects

Sec. 9502.0303.  REQUIREMENTS FOR CERTAIN PROJECTS.  If the district enters into an agreement with another entity to implement a project recommended in the ecosystem restoration report or the protection and restoration study, the district:
(1)  shall develop a maintenance and operation plan for the project;
(2)  may enter into a partnership with a private entity to fund a local share of the cost of the project; and
(3)  may use any available money to provide matching funds to the United States Army Corps of Engineers to implement the project.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter C. Powers and Duties › Section 9502.0304. Acquisition and Disposition of Property and Rights

Sec. 9502.0304.  ACQUISITION AND DISPOSITION OF PROPERTY AND RIGHTS.  (a)  The district may purchase, lease, acquire by gift, maintain, use, and operate property of any kind appropriate for the exercise of the district's functions, including acquiring property by mutual agreement with a navigation district or a drainage district.
(b)  The district may acquire permits, licenses, and rights related to the exercise of the district's functions.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter C. Powers and Duties › Section 9502.0305. Costs of Relocation of Property; Easements

Sec. 9502.0305.  COSTS OF RELOCATION OF PROPERTY; EASEMENTS.  (a)  In the event that the district, in the exercise of the power of eminent domain or power of relocation or any other power, makes necessary the relocation, raising, lowering, rerouting, or change in grade of or alteration in construction of any electric transmission or distribution line or telephone properties, facilities, or pipelines, all necessary relocations, raising, lowering, rerouting, or change in grade or alteration of construction shall be done at the sole expense of the district.
(b)  In this section, "sole expense" means the actual cost of the relocation, raising, lowering, rerouting, or change in grade or alteration of construction and providing comparable replacement without enhancing the facilities after deducting from it the net salvage value derived from the old facility.
(c)  The district has all 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 used facility to its previous condition as nearly as possible at the sole expense of the district.
(d)  The district may acquire, sell, lease, convey, or otherwise dispose of a right-of-way or easement under terms and conditions determined by the district.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter C. Powers and Duties › Section 9502.0306. Agreements

Sec. 9502.0306.  AGREEMENTS.  (a)  The district may enter into a cooperative agreement with a political subdivision, a state agency, the United States Army Corps of Engineers, or another federal agency for a purpose related to the study, design, construction, operation, or maintenance of a district project.
(b)  The district may enter into an interlocal agreement with a political subdivision for a purpose related to the study, design, construction, operation, or maintenance of a district project to include the acceptance of the assignment of rights or obligations in an existing design agreement or a project partnership agreement between the political subdivision and the United States Army Corps of Engineers.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter C. Powers and Duties › Section 9502.0307. Contracts Generally

Sec. 9502.0307.  CONTRACTS GENERALLY.  (a)  The district may enter into contracts and execute instruments that are necessary or convenient to the exercise of the district's powers, rights, duties, and functions.  A contract may be for any term, including for the life of any facility or structure in the territory of the district.
(b)  The district and another governmental entity may enter into a contract for the operation or maintenance of an authorized project in the same way that a political subdivision may contract with another governmental entity under Chapter 472, Transportation Code, to construct or maintain a road or highway.
(c)  The district may enter into a project partnership agreement with the United States Army Corps of Engineers for the study, design, construction, operation, and maintenance of a project recommended in the ecosystem restoration report or the protection and restoration study.
(d)  A public agency or political subdivision is authorized to:
(1)  enter into a contract with the district;
(2)  determine, agree, and pledge that all or any part of its payments under a contract with the district shall be payable from any source, subject only to the authorization by a majority vote of the governing body of such public agency or political subdivision of the contract, pledge, and payments;
(3)  use and pledge any available revenues or resources for and to the payment of amounts due under a contract with the district as an additional source of payment or as the sole source of payment and agree with the district to assure the availability of revenue and resources when required; and
(4)  fix, charge, and collect impact fees and utility charges, if the public agency or political subdivision is otherwise authorized to impose the fees and charges, and to use and pledge revenue from the fees or charges to make payments to the district required under a contract with the district.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter C. Powers and Duties › Section 9502.0308. Requirements for Certain Contracts

Sec. 9502.0308.  REQUIREMENTS FOR CERTAIN CONTRACTS.  (a)  Chapter 2269, Government Code, applies to the district's public work contracts, as defined by Section 2269.001, Government Code.  Section 2269.003(d), Government Code, does not apply to the district.
(b)  The district shall comply with Subchapter A, Chapter 2254, Government Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter C. Powers and Duties › Section 9502.0309. Conflict With Order or Action of Another Political Subdivision

Sec. 9502.0309.  CONFLICT WITH ORDER OR ACTION OF ANOTHER POLITICAL SUBDIVISION.  An order or action of the Harris County Flood Control District, a river authority, a port authority, a navigation district, or a drainage district relating to the operation or maintenance of a district project supersedes an order or action of the district to the extent of any conflict.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter C. Powers and Duties › Section 9502.0310. Authority to Develop Barrier Closure Procedures

Sec. 9502.0310.  AUTHORITY TO DEVELOP BARRIER CLOSURE PROCEDURES.  If the district implements a project to create a coastal barrier, the district shall develop closure procedures in conjunction with each board of trustees established under Chapter 54, Transportation Code, port authority, navigation district, and drainage district affected by the barrier or closure.  For the Texas City Channel, the district shall develop closure procedures with any common carrier terminal railroad providing rail and maritime terminal services to the users of the navigation channel.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter C. Powers and Duties › Section 9502.0311. Annual Report Required

Sec. 9502.0311.  ANNUAL REPORT REQUIRED.  The district shall annually submit a report to the legislature, the Legislative Budget Board, the General Land Office, and the commissioners court of each county in which the district is located.  The report must:
(1)  describe the district's financial condition and operations during the preceding year;
(2)  propose a budget for the following year; and
(3)  describe generally the work proposed for the following year.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle K - Seawall Commissions › Chapter 9502 - Gulf Coast Protection District › Subchapter C. Powers and Duties › Section 9502.0312. Eminent Domain

Sec. 9502.0312.  EMINENT DOMAIN.  (a)  The district may exercise the power of eminent domain to acquire a fee simple or other interest in any type of property if the interest is necessary or convenient for the exercise of the district's functions.  The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code.
(b)  The district may not exercise the power of eminent domain to acquire property owned or operated by a port authority, navigation district, drainage district, or common carrier railroad.
Added by Acts 2021, 87th Leg., R.S., Ch. 872 (S.B. 1160), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter A. General Provisions › Section 9601.001. Definitions

Sec. 9601.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "Bond" has the meaning assigned to the term "public security" by Section 1202.001, Government Code.
(3)  "Director" means a person appointed to the board.
(4)  "District" means the Riverbend Water Resources District.
(5)  "Member" means a municipality, county, other political subdivision, or water supply corporation that is a member of the district as provided by Section 9601.005.
(6)  "Temporary administrator" means a person appointed under Subchapter B-1.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 586 (H.B. 3847), Sec. 1, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 774 (H.B. 1574), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter A. General Provisions › Section 9601.002. Nature of District

Sec. 9601.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter A. General Provisions › Section 9601.003. Findings of Benefit and Public Purpose

Sec. 9601.003.  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 accomplishment of the purposes stated in this chapter is for the benefit of the people of this state and the improvement of their property and industries and will foster and encourage economic development in this state.
(d)  The district, in carrying out the purposes of this chapter, will be performing an essential public function under the constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter A. General Provisions › Section 9601.004. Liberal Construction of Chapter

Sec. 9601.004.  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. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter A. General Provisions › Section 9601.005. District Members

Sec. 9601.005.  DISTRICT MEMBERS.  (a)  The district is composed of the following members:
(1)  the City of Annona;
(2)  the City of Avery;
(3)  the City of DeKalb;
(4)  the City of Hooks;
(5)  the City of Maud;
(6)  the City of New Boston;
(7)  the City of Texarkana, Texas;
(8)  the City of Wake Village; and
(9)  the TexAmericas Center.
(b)  After receipt of a petition from the governing body of a municipality, county, other political subdivision, or water supply corporation that desires to join the district, the board may add a member to the district on terms determined by the board to be in the best interests of the district.
(c)  A member's withdrawal from the district or the cessation of existence of a member does not affect the validity of the district or any of the district's powers or duties.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 49 (S.B. 410), Sec. 4, eff. May 12, 2011.
Acts 2019, 86th Leg., R.S., Ch. 774 (H.B. 1574), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter A. General Provisions › Section 9601.006. District Territory

Sec. 9601.006.  DISTRICT TERRITORY.  (a)  The territory of the district is composed of all the territory contained in:
(1)  the cities of Annona, Avery, DeKalb, Hooks, Maud, New Boston, Texarkana, Texas, and Wake Village; and
(2)  the TexAmericas Center, the boundaries of which are described by Section 3503.004, including territory that has been or may be added under Section 3503.005.
(b)  The territory of the district also includes all of the territory:
(1)  of any municipality, county, or other political subdivision that joins the district as a member; and
(2)  added to the territory of a member by annexation or other means.
(c)  A defect in the description of the boundaries of a member or in any past or future proceedings for the annexation of territory by a member does not affect the validity, powers, or duties of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 49 (S.B. 410), Sec. 5, eff. May 12, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter A. General Provisions › Section 9601.007. Confirmation Election Not Required

Sec. 9601.007.  CONFIRMATION ELECTION NOT REQUIRED.  (a)  The board is not required to hold an election to confirm the district's creation.
(b)  Sections 49.101-49.105, Water Code, do not apply to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter A. General Provisions › Section 9601.008. Member Immunity

Sec. 9601.008.  MEMBER IMMUNITY.  A member has immunity from suit and immunity from liability in any action or proceeding brought by another member arising out of or relating to the changes in law made by the Act enacting this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 586 (H.B. 3847), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter B. Board of Directors › Section 9601.051. Composition of Board; Terms

Sec. 9601.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by its board.
(b)  The board consists of five directors, appointed as follows:
(1)  two directors appointed by the City of Texarkana;
(2)  one director appointed by the City of New Boston;
(3)  one director appointed by the Red River Redevelopment Authority or its successor; and
(4)  one director appointed by the members not named in Subdivisions (1) through (3), including any members added under Section 9601.005(b).
(b-1)  The governing body of each member required to appoint a director under Subsection (b)(1), (2), or (3) shall appoint the required number of directors to represent the member on the board.  The members not named in Subsections (b)(1) through (3) shall appoint a single director in the manner provided by Subsection (b-2) to represent those members on the board.  A vacancy in a board position shall be promptly filled in accordance with the policies, resolutions, and procedures of the applicable member or members.
(b-2)  The members not named in Subsections (b)(1) through (3) may each nominate a person qualified to serve as a director.  The governing body of each of those members shall cast one vote for a candidate chosen from the list of nominees.  The nominee receiving a majority of the votes cast by the governing bodies of those members becomes the director representing those members on the board.
(c)  Directors serve staggered terms of four years.
(d)  The governing body of each member required to appoint a director under Subsection (b) shall conduct a review of the director appointed by the governing body before the director's term expires.  After conducting the review, the governing body, on expiration of the director's term, may reappoint the director or appoint a new director in the manner provided by this section.
(e)  The board shall determine the method of staggering the terms of the directors.
(f)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 774 (H.B. 1574), Sec. 4, eff. June 10, 2019.
(g)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 774 (H.B. 1574), Sec. 4, eff. June 10, 2019.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 586 (H.B. 3847), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 586 (H.B. 3847), Sec. 8, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 774 (H.B. 1574), Sec. 3, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 774 (H.B. 1574), Sec. 4, eff. June 10, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter B. Board of Directors › Section 9601.052. Qualifications for Office

Sec. 9601.052.  QUALIFICATIONS FOR OFFICE.  (a) To be eligible to be appointed or to serve as a director, a person must be a resident, qualified voter of the district.
(b)  A person is not eligible to be appointed or to serve as a director while the person:
(1)  is serving as an elected official of a political subdivision or other governmental body; or
(2)  is an employee of a member.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 586 (H.B. 3847), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter B. Board of Directors › Section 9601.053. Board Resolutions; Voting Requirements

Sec. 9601.053.  BOARD RESOLUTIONS; VOTING REQUIREMENTS.  (a)  The district shall act through orders or resolutions adopted by the board.
(b)  All directors are entitled to vote.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter B. Board of Directors › Section 9601.054. Officers and Assistants

Sec. 9601.054.  OFFICERS AND ASSISTANTS.  (a)  The board shall elect a president, vice president, secretary, and treasurer.
(b)  The board shall elect the president and vice president from among the directors.
(c)  The president and vice president serve for a one-year term.
(d)  The offices of secretary and treasurer:
(1)  may be held by one person; and
(2)  are not required to be held by a director.
(e)  The board may appoint one or more assistant officers who are not required to be directors.
(f)  A person may not concurrently hold the offices of board president and secretary.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter B. Board of Directors › Section 9601.055. Meetings

Sec. 9601.055.  MEETINGS.  The board shall have regular meetings at times specified by board resolution or bylaws and shall have special meetings when called by the board president or by a number of directors that is equal to or greater than the number of directors that is one less than a majority of the board.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter B. Board of Directors › Section 9601.056. Telephone Conference Call Meetings

Sec. 9601.056.  TELEPHONE CONFERENCE CALL MEETINGS.  (a)  The board may hold an open or closed meeting by telephone conference call only if:
(1)  the meeting is a special called meeting;
(2)  immediate action is required; and
(3)  convening a quorum of the board at one location is difficult or impossible.
(b)  A telephone conference call meeting is subject to the notice requirements applicable to other meetings of the board.
(c)  Each part of a telephone conference call meeting that is required to be open to the public shall be made audible to the public at the location specified in the notice of the meeting as the location of the meeting.
(d)  The location designated in the notice as the location of the meeting shall provide two-way communication during the entire telephone conference call meeting, and the identification of each party to the telephone conference shall be clearly stated prior to speaking.
(e)  Section 551.125, Government Code, does not apply to a meeting held under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle L - Municipal Water Districts › Chapter 9601 - Riverbend Water Resources District › Subchapter B. Board of Directors › Section 9601.057. Recall

Sec. 9601.057.  RECALL.  (a) A director appointed under Section 9601.051(b)(1), (2), or (3) may be recalled at any time by a two-thirds vote of the governing body of the member that appointed the director.
(b)  A director appointed under Section 9601.051(b)(4) may be recalled by a two-thirds vote of the members that appoint a director under that section.
Added by Acts 2009, 81st Leg., R.S., Ch. 523 (S.B. 1223), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 586 (H.B. 3847), Sec. 5, eff. June 17, 2011.