reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter A. General Provisions › Section 9034.005. Findings of Public Purpose and Benefit

Sec. 9034.005.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.  (a)  The district is created to serve a public purpose and benefit.
(b)  The district is created to accomplish the purposes of:
(1)  a water control and improvement district as provided by general law and Section 59, Article XVI, Texas Constitution; and
(2)  Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter A. General Provisions › Section 9034.006. Initial District Territory

Sec. 9034.006.  INITIAL DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 2 of the Act creating this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure.  A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;
(3)  right to impose a tax; or
(4)  legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter B. Board of Directors › Section 9034.051. Governing Body; Terms

Sec. 9034.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of five elected directors.
(b)  Except as provided by Section 9034.052, directors serve staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter B. Board of Directors › Section 9034.052. Temporary Directors

Sec. 9034.052.  TEMPORARY DIRECTORS.  (a)  The temporary board consists of:
(1)  Jay Henry;
(2)  Mark Schindler;
(3)  David Vercellino;
(4)  Chris Sitka; and
(5)  Chrystal Seymour.
(b)  Temporary directors serve until the earlier of:
(1)  the date permanent directors are elected under Section 9034.003; or
(2)  the fourth anniversary of the effective date of the Act creating this chapter.
(c)  If permanent directors have not been elected under Section 9034.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:
(1)  the date permanent directors are elected under Section 9034.003; or
(2)  the fourth anniversary of the date of the appointment or reappointment.
(d)  If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as successor temporary directors the five persons named in the petition.  The commission shall appoint as successor temporary directors the five persons named in the petition.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter C. Powers and Duties › Section 9034.101. General Powers and Duties

Sec. 9034.101.  GENERAL POWERS AND DUTIES.  The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter C. Powers and Duties › Section 9034.102. Water Control and Improvement District Powers and Duties

Sec. 9034.102.  WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND DUTIES.  The district has the powers and duties provided by the general law of this state, including Chapters 49 and 51, Water Code, applicable to water control and improvement districts created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter C. Powers and Duties › Section 9034.103. Authority for Road Projects

Sec. 9034.103.  AUTHORITY FOR ROAD PROJECTS.  Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter C. Powers and Duties › Section 9034.104. Road Standards and Requirements

Sec. 9034.104.  ROAD STANDARDS AND REQUIREMENTS.  (a)  A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.
(b)  If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.
(c)  If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter C. Powers and Duties › Section 9034.105. Compliance With Municipal Consent Ordinance or Resolution

Sec. 9034.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION.  The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 42.042, Local Government Code, and that consents to the creation of the district or to the inclusion of land in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter C. Powers and Duties › Section 9034.106. Limitation on Use of Eminent Domain

Sec. 9034.106.  LIMITATION ON USE OF EMINENT DOMAIN.  The district may not exercise the power of eminent domain outside the district to acquire a site or easement for:
(1)  a road project authorized by Section 9034.103; or
(2)  a recreational facility as defined by Section 49.462, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter C. Powers and Duties › Section 9034.107. Fire Departments

Sec. 9034.107.  FIRE DEPARTMENTS.  (a)  The district may contract with the City of Richmond to perform firefighting services in the district on the same terms that the municipality provides firefighting services in the extraterritorial jurisdiction of the municipality.  The district, with voter approval, may issue bonds payable from ad valorem taxes to pay for capital costs required under the contract, including:
(1)  the construction and purchase of facilities, land, and equipment; and
(2)  the provision of adequate water supply.
(b)  Notwithstanding Sections 49.351(g), (h), and (i), Water Code, if the district contracts with the City of Richmond to provide firefighting services in the district, the district is not required to submit a fire plan to the Texas Commission on Environmental Quality for approval.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter D. General Financial Provisions › Section 9034.151. Elections Regarding Taxes or Bonds

Sec. 9034.151.  ELECTIONS REGARDING TAXES OR BONDS.  (a)  The district may issue, without an election, bonds and other obligations secured by:
(1)  revenue other than ad valorem taxes; or
(2)  contract payments described by Section 9034.153.
(b)  The district must hold an election in the manner provided by Chapters 49 and 51, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
(c)  The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter D. General Financial Provisions › Section 9034.152. Operation and Maintenance Tax

Sec. 9034.152.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized at an election held under Section 9034.151, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.
(b)  The board shall determine the tax rate.  The rate may not exceed the rate approved at the election.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter D. General Financial Provisions › Section 9034.153. Contract Taxes

Sec. 9034.153.  CONTRACT TAXES.  (a)  In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.
(b)  A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter E. Bonds and Other Obligations › Section 9034.201. Authority to Issue Bonds and Other Obligations

Sec. 9034.201.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.  The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter E. Bonds and Other Obligations › Section 9034.202. Taxes for Bonds

Sec. 9034.202.  TAXES FOR BONDS.  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Section 51.433, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9034 - Fort Bend County Water Control and Improvement District No. 10 › Subchapter E. Bonds and Other Obligations › Section 9034.203. Bonds for Road Projects

Sec. 9034.203.  BONDS FOR ROAD PROJECTS.  At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 219 (S.B. 1241), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9035 - Crockett County Water Control and Improvement District No. 1 › Subchapter A. General Provisions › Section 9035.001. Definitions

Sec. 9035.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Crockett County Water Control and Improvement District No. 1.
Added by Acts 2011, 82nd Leg., R.S., Ch. 62 (H.B. 1944), Sec. 1, eff. May 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9035 - Crockett County Water Control and Improvement District No. 1 › Subchapter B. Board of Directors › Section 9035.051. Election of Directors

Sec. 9035.051.  ELECTION OF DIRECTORS.  (a)  Notwithstanding Section 49.103(b), Water Code, on the uniform election date in November of each even-numbered year, the district shall hold an election to elect the appropriate number of directors to the board.
(b)  The election may be held at any location that is in the boundaries of:
(1)  the district; and
(2)  Crockett County.
Added by Acts 2011, 82nd Leg., R.S., Ch. 62 (H.B. 1944), Sec. 1, eff. May 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9036 - Williamson-Travis Counties Water Control and Improvement District No. 1g › Section 9036.001. Definition

Sec. 9036.001.  DEFINITION.  In this chapter, "district" means the Williamson-Travis Counties Water Control and Improvement District No. 1G.
Added by Acts 2013, 83rd Leg., R.S., Ch. 799 (S.B. 1480), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9036 - Williamson-Travis Counties Water Control and Improvement District No. 1g › Section 9036.002. Removal of Area From Emergency Services District

Sec. 9036.002.  REMOVAL OF AREA FROM EMERGENCY SERVICES DISTRICT.  (a)  This section applies only to:
(1)  a municipality with a population of less than 100,000; and
(2)  an emergency services district operating under Chapter 775, Health and Safety Code, in which the district is wholly or partly located.
(b)  If the district enters into a strategic partnership agreement with a municipality under Section 43.0751, Local Government Code, that includes the provision of fire-fighting services as defined by Section 49.351(k), Water Code, and the district has completed all other procedures necessary for a limited-purpose annexation by that municipality, an emergency services district shall disannex the territory of the district to be served by the municipality under the agreement in accordance with Subsection (c).
(c)  The territory remains part of the emergency services district until the secretary of the emergency services district board receives from the district notice that the requirements of Subsection (b) have been met.  On receipt of the notice, the board shall immediately change its records to show that the district territory has been disannexed from the emergency services district and shall cease to provide further services to the residents of that territory.
(d)  Sections 775.022(b), (c), (d), (e), (e-1), and (f), Health and Safety Code, apply to a disannexation under this section, as if the disannexation occurred under the provisions of Section 775.022(a), Health and Safety Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 799 (S.B. 1480), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 618 (S.B. 1083), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter A. General Provisions › Section 9037.001. Definitions

Sec. 9037.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Comal County Water Control and Improvement District No. 6.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter A. General Provisions › Section 9037.002. Nature of District

Sec. 9037.002.  NATURE OF DISTRICT.  The district is a water control and improvement district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter A. General Provisions › Section 9037.003. Confirmation and Directors' Election Required

Sec. 9037.003.  CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.  The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter A. General Provisions › Section 9037.004. Consent Required

Sec. 9037.004.  CONSENT REQUIRED.  (a)  The temporary directors may not hold an election under Section 9037.003 until:
(1)  each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district;
(2)  each municipality in whose extraterritorial jurisdiction the district is located has:
(A)  approved and entered into a strategic partnership agreement with the district under Section 43.0751, Local Government Code; and
(B)  approved and entered into a development agreement with the owners of land in the district under Section 212.172, Local Government Code;
(3)  an agreement that addresses the provision of water and wastewater treatment to the land in the district has been approved and entered into by:
(A)  each municipality in whose extraterritorial jurisdiction the district is located;
(B)  the commissioners court of each county in which the district is located;
(C)  a retail or wholesale provider of water and wastewater treatment; and
(D)  the owners of land in the district;
(4)  the commissioners court of each county in which the district is located has issued an order making the findings under Sections 51.021(a)(1), (2), (3), and (4), Water Code; and
(5)  the commissioners court of each county in which the district is located has approved and entered into an agreement with the district that must include, but is not limited to, provisions relating to the use of county right-of-way, the district's exercise of the power of eminent domain outside the boundaries of the district, drainage serving the land in the district, platting of land in the district, and the provision of water and wastewater treatment to the land in the district.
(b)  A municipality that contains district territory in its corporate limits or extraterritorial jurisdiction may include in its consent to the creation of the district any restriction on or condition to the consent, including a limitation on the powers of the district otherwise granted by this chapter.
(c)  Sections 51.022 through 51.025, Water Code, do not apply to the district or the order of the county under Subsection (a)(4).
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter A. General Provisions › Section 9037.005. Extraterritorial Status

Sec. 9037.005.  EXTRATERRITORIAL STATUS.  All of the land included in the district, as approved by the City of Bulverde for inclusion in the district, is included in the extraterritorial jurisdiction of the City of Bulverde on adoption of the resolution or ordinance consenting to the creation of the district by the governing body of the City of Bulverde.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter A. General Provisions › Section 9037.006. Findings of Public Purpose and Benefit

Sec. 9037.006.  FINDINGS OF PUBLIC PURPOSE  AND BENEFIT.  (a)  The district is created to serve a public purpose and benefit.
(b)  The district is created to accomplish the purposes of:
(1)  a water control and improvement district as provided by general law and Section 59, Article XVI, Texas Constitution, as limited by this chapter, including the disposal of waste and control of storm water; and
(2)  Section 52, Article III, Texas Constitution, as limited by this chapter, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter A. General Provisions › Section 9037.007. Initial District Territory

Sec. 9037.007.  INITIAL DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 2 of the Act creating this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure.  A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;
(3)  right to impose a tax; or
(4)  legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter B. Board of Directors › Section 9037.051. Governing Body; Terms

Sec. 9037.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of five elected directors.
(b)  Except as provided by Section 9037.052, directors serve staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter B. Board of Directors › Section 9037.052. Temporary Directors

Sec. 9037.052.  TEMPORARY DIRECTORS.  (a)  The temporary board consists of:
(1)  Shannon Miller;
(2)  Jim Leonard;
(3)  David Rittenhouse;
(4)  George Weron; and
(5)  Blaine Lopez.
(b)  Temporary directors serve until the earlier of:
(1)  the date permanent directors are elected under Section 9037.003; or
(2)  the fourth anniversary of the effective date of the Act creating this chapter.
(c)  If permanent directors have not been elected under Section 9037.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:
(1)  the date permanent directors are elected under Section 9037.003; or
(2)  the fourth anniversary of the date of the appointment or reappointment.
(d)  If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as successor temporary directors the five persons named in the petition.  The commission shall appoint as successor temporary directors the five persons named in the petition.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter C. Powers and Duties › Section 9037.101. General Powers and Duties

Sec. 9037.101.  GENERAL POWERS AND DUTIES.  The district has the powers and duties, as limited by this chapter, necessary to accomplish the purposes for which the district is created.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter C. Powers and Duties › Section 9037.102. Water Control and Improvement District Powers and Duties

Sec. 9037.102.  WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND DUTIES.  The district has the powers and duties provided by the general law of this state, including Chapters 49 and 51, Water Code, applicable to water control and improvement districts created under Section 59, Article XVI, Texas Constitution, including the powers and duties that relate to the disposal of waste and control of storm water under Section 51.331, Water Code, as limited by this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter C. Powers and Duties › Section 9037.103. Authority for Road Projects

Sec. 9037.103.  AUTHORITY FOR ROAD PROJECTS.  Under Section 52, Article III, Texas Constitution, as limited by this chapter, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter C. Powers and Duties › Section 9037.104. Approval of Road Project

Sec. 9037.104.  APPROVAL OF ROAD PROJECT.  (a)  The district may not undertake a road project authorized by Section 9037.103 unless:
(1)  the proposed road project complies with applicable municipal or county subdivision ordinances or regulations; or
(2)  the Texas Transportation Commission has approved the plans and specifications of the road project, if the state will operate and maintain the road.
(b)  Except as provided by Subsection (a), the district is not required to obtain approval from the Texas Transportation Commission to design, acquire, construct, finance, issue bonds for, improve, or convey a road project.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter C. Powers and Duties › Section 9037.105. Compliance With Municipal Consent Ordinance or Resolution

Sec. 9037.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION.  The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 42.042 or 42.0425, Local Government Code, and that consents to the creation of the district or to the inclusion of land in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter C. Powers and Duties › Section 9037.106. Limitation on Use of Eminent Domain

Sec. 9037.106.  LIMITATION ON USE OF EMINENT DOMAIN.  (a)  The district shall not exercise the power of eminent domain outside the district to acquire a site or easement for:
(1)  a road project authorized by Section 9037.103; or
(2)  a recreational facility as defined by Section 49.462, Water Code.
(b)  The district shall not exercise the power of eminent domain outside the boundaries of the district for any purpose unless the proposed exercise is approved by a written resolution of the commissioners court of each county in which the district is located.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter C. Powers and Duties › Section 9037.107. Water and Wastewater Infrastructure

Sec. 9037.107.  WATER AND WASTEWATER INFRASTRUCTURE.  The district may not construct any water or wastewater improvement unless the plans and specifications for the improvement have been approved by Comal County, the City of Bulverde, and any wholesale provider of water or wastewater treatment to the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter D. General Financial Provisions › Section 9037.151. Elections Regarding Taxes or Bonds

Sec. 9037.151.  ELECTIONS REGARDING TAXES OR BONDS.  (a)  The district may issue, without an election, bonds and other obligations secured by:
(1)  revenue other than ad valorem taxes; or
(2)  contract payments described by Section 9037.153.
(b)  The district must hold an election in the manner provided by Chapters 49 and 51, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
(c)  The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter D. General Financial Provisions › Section 9037.152. Operation and Maintenance Tax

Sec. 9037.152.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized at an election held under Section 9037.151, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.
(b)  The board shall determine the tax rate.  The rate may not exceed the rate approved at the election.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter D. General Financial Provisions › Section 9037.153. Contract Taxes

Sec. 9037.153.  CONTRACT TAXES.  (a)  In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.
(b)  A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter E. Bonds and Other Obligations › Section 9037.201. Authority to Issue Bonds and Other Obligations

Sec. 9037.201.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.  The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter E. Bonds and Other Obligations › Section 9037.202. Taxes for Bonds

Sec. 9037.202.  TAXES FOR BONDS.  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Section 51.433, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9037 - Comal County Water Control and Improvement District No. 6 › Subchapter E. Bonds and Other Obligations › Section 9037.203. Bonds for Road Projects

Sec. 9037.203.  BONDS FOR ROAD PROJECTS.  At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9038 - Comal County Water Improvement District No. 1 › Subchapter A. General Provisions › Section 9038.001. Definitions

Sec. 9038.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Comal County Water Improvement District No. 1.
Added by Acts 2009, 81st Leg., R.S., Ch. 584 (S.B. 2464), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9038 - Comal County Water Improvement District No. 1 › Subchapter A. General Provisions › Section 9038.002. Nature of District

Sec. 9038.002.  NATURE OF DISTRICT.  The district is a water control and improvement district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 584 (S.B. 2464), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9038 - Comal County Water Improvement District No. 1 › Subchapter A. General Provisions › Section 9038.003. Confirmation and Directors' Election Required

Sec. 9038.003.  CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.  The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 584 (S.B. 2464), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9038 - Comal County Water Improvement District No. 1 › Subchapter A. General Provisions › Section 9038.004. Consent of Municipality and Development Agreement Required

Sec. 9038.004.  CONSENT OF MUNICIPALITY AND DEVELOPMENT AGREEMENT REQUIRED.  (a)  The temporary directors may not hold an election under Section 9038.003 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has:
(1)  consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district; and
(2)  entered into a development agreement under Section 212.172, Local Government Code, with the retail public utility owned by the municipality that addresses water and wastewater issues and with the owners of land in the district that addresses relevant issues, including:
(A)  the provision of services other than water or wastewater services to land in the district, including emergency services and solid waste collection;
(B)  traffic and roadway impacts caused by the creation of the district;
(C)  the amount of debt to be issued by the district or any new district created by the division of the district;
(D)  a plan for dividing the district, including the number, location, and size of any new districts created by the division of the district;
(E)  fire flow; and
(F)  a prohibition against a retail public utility, as defined by Section 13.002, Water Code, other than the retail public utility owned by the municipality, from providing retail water or wastewater service to the property in the district or a new district created by the division of the district.
(b)  The development agreement may not contain a provision prohibited by Section 212.174, Local Government Code, in relation to the provision of utility service.
(c)  A confirmation election held in violation of this section is void.
Added by Acts 2009, 81st Leg., R.S., Ch. 584 (S.B. 2464), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9038 - Comal County Water Improvement District No. 1 › Subchapter A. General Provisions › Section 9038.005. Findings of Public Purpose and Benefit

Sec. 9038.005.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.  (a)  The district is created to serve a public purpose and benefit.
(b)  The district is created to accomplish the purposes of:
(1)  a water control and improvement district as provided by general law and Section 59, Article XVI, Texas Constitution; and
(2)  Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Added by Acts 2009, 81st Leg., R.S., Ch. 584 (S.B. 2464), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9038 - Comal County Water Improvement District No. 1 › Subchapter A. General Provisions › Section 9038.006. Initial District Territory

Sec. 9038.006.  INITIAL DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 2 of the Act creating this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure.  A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)  organization, existence, or validity;
(2)  right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;
(3)  right to impose a tax; or
(4)  legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch. 584 (S.B. 2464), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9038 - Comal County Water Improvement District No. 1 › Subchapter B. Board of Directors › Section 9038.051. Governing Body; Terms

Sec. 9038.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of five elected directors.
(b)  Except as provided by Section 9038.052, directors serve staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch. 584 (S.B. 2464), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9038 - Comal County Water Improvement District No. 1 › Subchapter B. Board of Directors › Section 9038.052. Temporary Directors

Sec. 9038.052.  TEMPORARY DIRECTORS.  (a)  The temporary board consists of:
(1)  Donnie Shaw;
(2)  Bob Shemwell;
(3)  Joe Dawson;
(4)  Dick Nevitt; and
(5)  Robert Whitley.
(b)  Temporary directors serve until the earlier of:
(1)  the date permanent directors are elected under Section 9038.003; or
(2)  the fourth anniversary of the effective date of the Act creating this chapter.
(c)  If permanent directors have not been elected under Section 9038.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:
(1)  the date permanent directors are elected under Section 9038.003; or
(2)  the fourth anniversary of the date of the appointment or reappointment.
(d)  If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as successor temporary directors the five persons named in the petition.  The commission shall appoint as successor temporary directors the five persons named in the petition.
Added by Acts 2009, 81st Leg., R.S., Ch. 584 (S.B. 2464), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9038 - Comal County Water Improvement District No. 1 › Subchapter C. Powers and Duties › Section 9038.101. General Powers and Duties

Sec. 9038.101.  GENERAL POWERS AND DUTIES.  The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Added by Acts 2009, 81st Leg., R.S., Ch. 584 (S.B. 2464), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9038 - Comal County Water Improvement District No. 1 › Subchapter C. Powers and Duties › Section 9038.102. Water Control and Improvement District Powers and Duties

Sec. 9038.102.  WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND DUTIES.  The district has the powers and duties provided by the general law of this state, including Chapters 49 and 51, Water Code, applicable to water control and improvement districts created under Section 59, Article XVI, Texas Constitution, and including powers relating to sanitary sewer.
Added by Acts 2009, 81st Leg., R.S., Ch. 584 (S.B. 2464), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle I - Water Control and Improvement Districts › Chapter 9038 - Comal County Water Improvement District No. 1 › Subchapter C. Powers and Duties › Section 9038.103. Authority for Road Projects

Sec. 9038.103.  AUTHORITY FOR ROAD PROJECTS.  Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Added by Acts 2009, 81st Leg., R.S., Ch. 584 (S.B. 2464), Sec. 1, eff. June 19, 2009.