reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter A. General Provisions › Section 11002.004. Findings of Public Purpose and Benefit

Sec. 11002.004.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.  (a)  The district is created to serve a public purpose and benefit.
(b)  All land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
(c)  The district is created to accomplish the purposes of:
(1)  a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution;
(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; and
(3)  Section 52-a, Article III, Texas Constitution, that relate to the development and diversification of the economy of this state and other purposes of that section.
(d)  The creation of the district is in the public interest and essential to:
(1)  further the public purposes of developing and diversifying the economy of the state;
(2)  eliminate unemployment and underemployment; and
(3)  develop or expand transportation and commerce.
(e)  The district will:
(1)  promote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
(2)  provide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center; and
(3)  promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty.
(f)  Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
(g)  The district is not an agent or instrumentality of a private interest even though the district will benefit private interests as well as the public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter A. General Provisions › Section 11002.005. Initial District Territory

Sec. 11002.005.  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 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter B. Board of Directors › Section 11002.051. Governing Body; Terms

Sec. 11002.051.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of five elected directors.
(b)  Except as provided by Section 11002.052, directors serve staggered four-year terms.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter B. Board of Directors › Section 11002.052. Temporary Directors

Sec. 11002.052.  TEMPORARY DIRECTORS.  (a)  The temporary board consists of:
(1)  Brent Ratliff;
(2)  George Kutch;
(3)  John Nolan;
(4)  Renee Lorenz; and
(5)  H. C. Ross.
(b)  If a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy.
(c)  Temporary directors serve until the earlier of:
(1)  the date permanent directors are elected under Section 11002.003; or
(2)  the fourth anniversary of the effective date of the Act creating this chapter.
(d)  If permanent directors have not been elected under Section 11002.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (e) to serve terms that expire on the earlier of:
(1)  the date permanent directors are elected under Section 11002.003; or
(2)  the fourth anniversary of the date of the appointment or reappointment.
(e)  If Subsection (d) 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 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.101. General Powers and Duties

Sec. 11002.101.  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 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.102. Municipal Utility District Powers and Duties

Sec. 11002.102.  MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.  The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.103. Improvement Projects and Services

Sec. 11002.103.  IMPROVEMENT PROJECTS AND SERVICES.  Except as provided by Section 11002.113, the district may provide improvement projects and services in the same manner as a municipal management district under Section 375.112, Local Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.104. Authority for Road Projects

Sec. 11002.104.  AUTHORITY FOR ROAD PROJECTS.  (a)  Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads described by Section 54.234, Water Code, or improvements, including storm drainage, in aid of those roads.
(b)  The district may exercise the powers provided by this section without submitting a petition to or obtaining approval from the Texas Commission on Environmental Quality as required by Section 54.234, Water Code.
(c)  The district, at the district's expense, shall repair and maintain any internal streets and roads in the district.  Brewster County has no obligation to repair or maintain the internal streets and roads in the district, even on dissolution of the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.105. Approval of Road Project

Sec. 11002.105.  APPROVAL OF ROAD PROJECT.  (a)  The district may not undertake a road project authorized by Section 11002.104 unless:
(1)  each county that will operate and maintain the road has approved the plans and specifications of the road project, if a county will operate and maintain the road; 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 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.106. Compliance With Municipal Consent Ordinance or Resolution

Sec. 11002.106.  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 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.107. Limitation on Use of Eminent Domain

Sec. 11002.107.  LIMITATION ON USE OF EMINENT DOMAIN.  (a)  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 11002.104; or
(2)  a recreational facility as defined by Section 49.462, Water Code.
(b)  If the district's exercise of its eminent domain power requires relocating, raising, lowering, rerouting, or altering the construction of any electric transmission or electric distribution line, conduit, pole, or facility, the district must bear the actual cost of relocating, raising, lowering, rerouting, or altering the construction of any electric transmission or electric distribution line to provide a comparable replacement without enhancing the facility, after deducting from the cost the net salvage value derived from the old facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.108. Electric Power Facilities

Sec. 11002.108.  ELECTRIC POWER FACILITIES.  The district may construct or acquire electric power generating, transmission, and distribution facilities and improvements in aid of these facilities.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.109. Airport

Sec. 11002.109.  AIRPORT.  The district may construct, acquire, improve, maintain, and operate an airport and improvements in aid of the airport.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.110. Exercise of Powers of Development Corporation

Sec. 11002.110.  EXERCISE OF POWERS OF DEVELOPMENT CORPORATION.  The district may exercise the powers of a corporation created under the Development Corporation Act (Subtitle C1, Title 12, Local Government Code).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.111. Division of District

Sec. 11002.111.  DIVISION OF DISTRICT.  (a)  The district may be divided into two or more new districts only if the district:
(1)  has no outstanding bonded debt; and
(2)  is not imposing ad valorem taxes.
(b)  This chapter applies to any new district created by the division of the district, and a new district has all the powers and duties of the district.
(c)  Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.
(d)  The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district.
(e)  The board may adopt an order dividing the district before or after the date the board holds an election under Section 11002.003 to confirm the district's creation.
(f)  An order dividing the district shall:
(1)  name each new district;
(2)  include the metes and bounds of each new district;
(3)  appoint temporary directors for each new district; and
(4)  provide for the division of assets and liabilities between or among the new districts.
(g)  On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the Texas Commission on Environmental Quality and record the order in the real property records of each county in which the district is located.
(h)  Any new district created by the division of the district shall hold a confirmation and directors' election as required by Section 11002.003.
(i)  Any new district created by the division of the district must hold an election as required by this chapter to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.112. Groundwater Regulation

Sec. 11002.112.  GROUNDWATER REGULATION.  Section 36.121, Water Code, does not apply to a groundwater well owned or used by the district within the boundaries of the Brewster County Groundwater Conservation District.  The rules of the Brewster County Groundwater Conservation District govern a groundwater well owned or used by the district within the Brewster County Groundwater Conservation District.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter C. Powers and Duties › Section 11002.113. Retail Electric Utility Services Prohibited

Sec. 11002.113.  RETAIL ELECTRIC UTILITY SERVICES PROHIBITED.  The district may not provide retail electric utility services, including transmission and distribution services, to residential, retail, commercial, industrial, or other customers inside or outside the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter D. Transfer of Public Improvements › Section 11002.151. Definition

Sec. 11002.151.  DEFINITION.  In this subchapter, "receiving entity" means the entity that holds a certificate of convenience and necessity issued by the Public Utility Commission of Texas for the territory included in the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter D. Transfer of Public Improvements › Section 11002.152. Transfer of Certain Improvements Required

Sec. 11002.152.  TRANSFER OF CERTAIN IMPROVEMENTS REQUIRED.  Subject to Section 11002.155, the district shall transfer improvements described by Section 11002.108 in accordance with this section on the later of:
(1)  the date that the district acquires or completes the improvement; or
(2)  the date the receiving entity approves the transfer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter D. Transfer of Public Improvements › Section 11002.153. Construction Standards

Sec. 11002.153.  CONSTRUCTION STANDARDS.  A public improvement transferred under this subchapter must be constructed in compliance with:
(1)  the requirements and specifications established by the receiving entity on or before the date that construction of the improvement begins; and
(2)  any tariffs for the electric utility or cooperative that is the receiving entity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter D. Transfer of Public Improvements › Section 11002.154. Partial Transfer in Stages

Sec. 11002.154.  PARTIAL TRANSFER IN STAGES.  The district may transfer part of an improvement under this subchapter if the district completes construction of the improvement in stages.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter D. Transfer of Public Improvements › Section 11002.155. Transfer Without Debt Required

Sec. 11002.155.  TRANSFER WITHOUT DEBT REQUIRED.  The district shall convey all improvements that it is required to transfer under this subchapter without debt or other encumbrance.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter D. Transfer of Public Improvements › Section 11002.156. Ownership and Responsibility After Transfer

Sec. 11002.156.  OWNERSHIP AND RESPONSIBILITY AFTER TRANSFER.  (a)  After a transfer under this subchapter, the receiving entity owns the improvement and has sole jurisdiction and control over the improvement.  On acceptance of the transfer, the receiving entity is responsible for all maintenance of the improvement, and the district is not responsible for the improvement or its maintenance.
(b)  This section does not affect any authority of the receiving entity to alter, relocate, close, or discontinue maintenance of an improvement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter D. Transfer of Public Improvements › Section 11002.157. Effect of Conveyance on District Debt

Sec. 11002.157.  EFFECT OF CONVEYANCE ON DISTRICT DEBT.  Conveyance of a public improvement to a receiving entity under this subchapter does not affect:
(1)  the sole responsibility of the district to pay in full the principal of and interest and any premium on any outstanding district bonds or other debt; or
(2)  the district's responsibility to perform the obligations provided by an order or resolution authorizing bonds or other debt.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter E. General Financial Provisions › Section 11002.201. Elections Regarding Taxes or Bonds

Sec. 11002.201.  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 11002.203.
(b)  The district must hold an election in the manner provided by Chapters 49 and 54, 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 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter E. General Financial Provisions › Section 11002.202. Operation and Maintenance Tax

Sec. 11002.202.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized at an election held under Section 11002.201, 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 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter E. General Financial Provisions › Section 11002.203. Contract Taxes

Sec. 11002.203.  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 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter E. General Financial Provisions › Section 11002.204. Sales and Use Tax

Sec. 11002.204.  SALES AND USE TAX.  (a)  The district may impose a sales and use tax if authorized by a majority of the voters of the district voting at an election called for that purpose.  Revenue from the tax may be used for any purpose for which ad valorem tax revenue of the district may be used.
(b)  The district may not adopt a sales and use tax if as a result of the adoption of the tax the combined rate of all sales and use taxes imposed by the district and other political subdivisions of this state having territory in the district would exceed two percent at any location in the district.
(c)  If the voters of the district approve the adoption of a sales and use tax at an election held on the same election date on which another political subdivision adopts a sales and use tax or approves an increase in the rate of its sales and use tax and as a result the combined rate of all sales and use taxes imposed by the district and other political subdivisions of this state having territory in the district would exceed two percent at any location in the district, the election to adopt a sales and use tax under this chapter has no effect.
(d)  Chapter 321, Tax Code, applies to the imposition, computation, administration, enforcement, and collection of the sales and use tax imposed by this section except to the extent it is inconsistent with this chapter.
(e)  The district may not impose a sales and use tax at a rate that would cause the rate of the total sales and use taxes collected by all municipalities and other political subdivisions at a location in the district to exceed the maximum rate allowed by law.  If a political subdivision's increase to a sales and use tax rate causes the total sales and use tax rate imposed at a location in the district to exceed the maximum rate allowed by law, the district's sales and use tax rate is automatically reduced to bring the total rate imposed at that location down to a rate allowed by law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter E. General Financial Provisions › Section 11002.205. Assessments; Municipal Management District Powers

Sec. 11002.205.  ASSESSMENTS; MUNICIPAL MANAGEMENT DISTRICT POWERS.  Except as provided by Section 11002.206, the district may levy and collect special assessments in the same manner and for the same purposes as a municipal management district as provided in Subchapter F, Chapter 375, Local Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter E. General Financial Provisions › Section 11002.206. Electric Utility Property Exempt From Impact Fees and Assessments

Sec. 11002.206.  ELECTRIC UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND ASSESSMENTS.  The district may not impose an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of an electric cooperative as defined by Section 161.002, Utilities Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter F. Bonds and Other Obligations › Section 11002.251. Authority to Issue Bonds and Other Obligations

Sec. 11002.251.  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, sales and use taxes, other district money, or any combination of those sources to pay for any authorized district purpose.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter F. Bonds and Other Obligations › Section 11002.252. Taxes for Bonds

Sec. 11002.252.  TAXES FOR BONDS.  (a)  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of an ad valorem tax, without limit as to rate or amount, as required by Section 54.601, Water Code.
(b)  The board shall annually impose the tax while all or part of the bonds are outstanding.  Sections 54.601 and 54.602, Water Code, govern the amount and rate of the tax.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11002 - Lajitas Utility District No. 1 of Brewster County › Subchapter F. Bonds and Other Obligations › Section 11002.253. Bonds for Road Projects

Sec. 11002.253.  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 2011, 82nd Leg., R.S., Ch. 1189 (H.B. 3804), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter A. General Provisions › Section 11003.001. Definitions

Sec. 11003.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "City" means the city of Matador.
(3)  "City council" means the city council of the city.
(4)  "Director" means a member of the board appointed by the city council.
(5)  "District" means the Matador Water District.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter A. General Provisions › Section 11003.002. Nature of District

Sec. 11003.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter A. General Provisions › Section 11003.003. Findings of Benefit and Public Purpose

Sec. 11003.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  All territory and taxable property in the city will benefit from the works and improvements of the district.
(b)  The accomplishment of the purposes stated in this chapter is for the benefit of the people of this state and for the improvement of their property and industries. The district, in carrying out the purposes of this chapter, will be performing an essential public function under the constitution.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter B. District Territory; Annexation › Section 11003.051. District Territory

Sec. 11003.051.  DISTRICT TERRITORY.  (a)  The boundaries of the district are coextensive with the boundaries of the city as those boundaries existed on January 1, 1975, and as the district territory may have been modified under:
(1)  this subchapter or its predecessor statutes, Sections 6 and 7, Chapter 36, Acts of the 64th Legislature, Regular Session, 1975;
(2)  Subchapter J, Chapter 49, Water Code; or
(3)  other law.
(b)  An invalidity in the fixing of the boundaries of the city as they existed on January 1, 1975, does not affect the boundaries of the district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter B. District Territory; Annexation › Section 11003.052. Annexation of City Territory

Sec. 11003.052.  ANNEXATION OF CITY TERRITORY.  (a)  Territory annexed to the city after January 1, 1975, may be annexed to the district as provided by this section.
(b)  At any time after final passage of an ordinance or resolution annexing territory to the city, the board may give notice of a hearing on the question of annexing that territory to the district.  The notice is sufficient if it:
(1)  states the date and place of the hearing; and
(2)  describes the area proposed to be annexed or refers to the annexation ordinance or resolution of the city.
(c)  At least 10 days before the date set for the hearing, the notice must be published one time in a newspaper of general circulation in the city.
(d)  If, as a result of the hearing, the board finds that the territory will benefit from the present or contemplated improvements, works, or facilities of the district, the board shall adopt a resolution annexing the territory to the district.
(e)  After the territory is annexed to the district, the board may hold an election in the entire district to determine whether:
(1)  the entire district will assume any tax-supported bonds then outstanding and those bonds previously voted but not yet sold; and
(2)  an ad valorem tax for the payment of the bonds will be imposed on all taxable property in the district.
(f)  An election held under Subsection (e) must be held and notice must be given in the same manner as an election held under Section 11003.254 for the issuance of bonds.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter C. Board of Directors › Section 11003.101. Composition of Board; Terms

Sec. 11003.101.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of five directors appointed by the city council.  The directors occupy numbered places on the board.
(b)  Directors serve staggered two-year terms, with the terms of the directors occupying Places 1, 2, and 3 expiring at noon on March 1 of each even-numbered year and the terms of the directors occupying Places 4 and 5 expiring at noon on March 1 of each odd-numbered year.
(c)  The mayor of the city serves, ex officio, as an honorary member of the board.  The mayor may attend all meetings and participate in all proceedings of the board except that the mayor may not vote.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter C. Board of Directors › Section 11003.102. Qualifications for Office

Sec. 11003.102.  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 director is eligible for reappointment.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter C. Board of Directors › Section 11003.103. Vacancies

Sec. 11003.103.  VACANCIES.  Any vacancy occurring on the board shall be filled for the unexpired term by appointment by the city council.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter C. Board of Directors › Section 11003.104. Removal From Office

Sec. 11003.104.  REMOVAL FROM OFFICE.  After reasonable notice and a public hearing, the board may remove a director from office for misfeasance, malfeasance, or wilful neglect of duty.  Reasonable notice and a public hearing are not required if the notice and hearing are expressly waived in writing.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter C. Board of Directors › Section 11003.105. Board Resolutions; Quorum; Voting Requirements

Sec. 11003.105.  BOARD RESOLUTIONS; QUORUM; VOTING REQUIREMENTS.  (a)  The district shall act through resolutions adopted by the board.
(b)  Three directors constitute a quorum.
(c)  Each director has a vote.
(d)  The affirmative vote of at least three directors is necessary to adopt any resolution.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter C. Board of Directors › Section 11003.106. Officers and Assistants

Sec. 11003.106.  OFFICERS AND ASSISTANTS.  (a)  The board shall elect a president, vice president, secretary, and treasurer at the first meeting of the board in March of each year or at any time necessary to fill a vacancy.
(b)  The board shall elect the president and vice president from among the directors.  The president shall serve for a term of one year.
(c)  The offices of secretary and treasurer:
(1)  may be held by one person; and
(2)  are not required to be held by a director.
(d)  The board may appoint as assistant board secretary one or more persons who are not directors.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter C. Board of Directors › Section 11003.107. Duties of Officers and Assistants

Sec. 11003.107.  DUTIES OF OFFICERS AND ASSISTANTS.  (a)  The board president shall preside at board meetings and perform other duties prescribed by the board.
(b)  The board secretary is the official custodian of the minutes, books, records, and seal of the board and shall perform other duties and functions prescribed by the board.  An assistant board secretary may perform any duty or function of the board secretary.
(c)  The board treasurer shall perform duties and functions prescribed by the board.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter C. Board of Directors › Section 11003.108. Meetings

Sec. 11003.108.  MEETINGS.  The board shall have regular meetings at times specified by board resolution and shall have special meetings when called by the board president or by any three directors.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter C. Board of Directors › Section 11003.109. Personal Liability of Directors

Sec. 11003.109.  PERSONAL LIABILITY OF DIRECTORS.  A director is not personally liable for any bond issued or contract executed by the district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter D. Powers and Duties › Section 11003.151. District Powers

Sec. 11003.151.  DISTRICT POWERS.  The district may exercise any power necessary or appropriate to achieve the purposes of this chapter, including the power to:
(1)  sue and be sued, and plead and be impleaded, in its own name;
(2)  adopt an official seal;
(3)  adopt and enforce bylaws and rules for the conduct of its affairs;
(4)  acquire, hold, use, and dispose of its receipts and money from any source;
(5)  select a depository or depositories;
(6)  acquire, own, rent, lease, accept, hold, or dispose of property, or an interest in property, including a right or easement, by purchase, exchange, gift, assignment, condemnation, sale, lease, or otherwise, in performing district duties or exercising district powers under this chapter;
(7)  hold, manage, operate, or improve property;
(8)  lease or rent any land, building, structure, or facility from or to any person;
(9)  sell, assign, lease, encumber, mortgage, or otherwise dispose of property, or an interest in property, and release or relinquish a right, title, claim, lien, interest, easement, or demand, regardless of the manner in which acquired, and conduct a transaction authorized by this subdivision by public or private sale, with or without public bidding, notwithstanding any other law;
(10)  issue bonds, provide for and secure the payment of the bonds, and provide for the rights of the holders of the bonds in the manner and to the extent authorized by this chapter;
(11)  request and accept an appropriation, grant, allocation, subsidy, guaranty, aid, service, material, or gift from any source, including the federal government, the state, a public agency, or a political subdivision;
(12)  operate and maintain an office;
(13)  appoint and determine the duties, tenure, qualifications, and compensation of officers, employees, agents, professional advisors, and counselors considered necessary or advisable by the board, including financial consultants, accountants, attorneys, architects, engineers, appraisers, and financing experts; and
(14)  exercise any power granted by Chapter 30, Water Code, to districts created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter D. Powers and Duties › Section 11003.152. Permits

Sec. 11003.152.  PERMITS.  (a)  The district may obtain through appropriate proceedings an appropriation permit or a diversion permit from the Texas Commission on Environmental Quality.
(b)  The district may acquire a water appropriation permit from a permit owner by contract or otherwise.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter D. Powers and Duties › Section 11003.153. General Authority of Public Agencies and Political Subdivisions to Contract With District

Sec. 11003.153.  GENERAL AUTHORITY OF PUBLIC AGENCIES AND POLITICAL SUBDIVISIONS TO CONTRACT WITH DISTRICT.  A public agency or political subdivision of this state, including the city, may enter into a contract or agreement with the district, on terms agreed to by the parties, for any purpose relating to the district's powers or functions.  Approval, notice, consent, or an election is not required in connection with the contract or agreement.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle X - Districts With Combined Powers › Chapter 11003 - Matador Water District › Subchapter D. Powers and Duties › Section 11003.154. Contracts to Supply Water

Sec. 11003.154.  CONTRACTS TO SUPPLY WATER.  (a)  The district may contract with municipalities and others, including the city, to supply water to them.  The district may sell water inside or outside the boundaries of the district.
(b)  The district may contract with a public agency or political subdivision for the rental or leasing of or for the operation of the water production, water supply, water filtration or purification, and water supply facilities of the entity on the consideration agreed to by the district and the entity.
(c)  A contract under Subsection (a) or (b) may:
(1)  be on terms and for the time agreed to by the parties; and
(2)  provide that it will continue in effect until bonds specified in it and refunding bonds issued in lieu of the bonds are paid.
(d)  The district may contract with the city for the operation of the district's water facilities by the city.  An election is not required in connection with the contract.
(e)  A public agency or political subdivision of this state, including the city, may enter into a contract or agreement with the district for a water supply as provided by Section 11003.153.
Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.07, eff. April 1, 2015.