SPECIAL DISTRICTS CODE
SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS
CHAPTER 9003. AQUILLA-HACKBERRY CREEK CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
§ 9003.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Aquilla-Hackberry Creek
Conservation District.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district and a political subdivision
created under Section 59, Article XVI, Texas Constitution.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.003. LEGISLATIVE DECLARATION AND
FINDINGS. (a) The legislature declares that:
(1) the district is essential to accomplish the
purposes of Section 59, Article XVI, Texas Constitution; and
(2) this chapter addresses a subject in which the
state and general public are interested.
(b) The legislature finds that:
(1) all land included in the district will be
benefited; and
(2) the district is created to serve a public use and
benefit.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.004. DISTRICT TERRITORY. The district is
composed of the territory described by Section 3, Chapter 183, Acts
of the 56th Legislature, Regular Session, 1959 (Article 8280-222,
Vernon's Texas Civil Statutes), as that territory may have been
modified under:
(1) Subchapter O, Chapter 51, Water Code, before
September 1, 1995;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.005. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed to accomplish its purposes.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER B. ADMINISTRATION
§ 9003.051. BOARD. The board consists of five
directors.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.052. QUALIFICATIONS FOR OFFICE. A director of
the district must be:
(1) at least 21 years of age;
(2) a resident of the state; and
(3) the owner of taxable property in the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.053. BOND. Each director shall make bond in the
amount of $5,000 for the faithful performance of the director's
duties.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.054. ORDER FOR DIRECTORS ELECTION. The election
order for a directors election shall state the time, place, and
purpose of the election.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.055. NOTICE OF ELECTION. Notice of the directors
election shall be published two times in a newspaper of general
circulation in the district at least 30 days before the election.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.056. ELECTION RESULTS. (a) The candidate
receiving the highest number of votes for a position shall be
declared elected as a director of the district.
(b) The board shall enter an order declaring the results of
the election.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.057. PETITION. (a) Any candidate for director
may have the candidate's name printed on the ballot by submitting a
petition signed by at least 25 persons qualified to vote at the
election.
(b) The petition must be presented to the secretary of the
board not later than the 21st day before the date of the election.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.058. COMPENSATION. (a) Unless the board by
resolution increases the fee to an amount authorized by Section
49.060, Water Code, a director is entitled to receive an amount
determined by the board, not to exceed $40 a day, for:
(1) each day the director attends a meeting of the
board; or
(2) each day the director otherwise devotes to the
business of the district.
(b) A director is entitled to reimbursement for actual
expenses incurred in attending to district business, provided the
service and expense are expressly approved by the board.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.059. APPOINTMENT OF SECRETARY AND
TREASURER. The board shall appoint a secretary and a treasurer.
The board may combine the offices of secretary and treasurer. The
secretary or treasurer is not required to be a director.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.060. VOTE BY BOARD PRESIDENT. The president has
the same right to vote as any other director.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.061. EMPLOYEES. The board may employ a general
manager, attorneys, accountants, engineers, or other technical or
nontechnical employees or assistants and set the amount and manner
of their compensation.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.062. DISTRICT SEAL. The board may adopt a seal
for the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
§ 9003.101. GENERAL POWERS. (a) The district has all
the rights, powers, and privileges granted water control and
improvement districts by:
(1) Chapter 51, Water Code; and
(2) other laws relating to water control and
improvement districts.
(b) To the extent a general law described by Subsection (a)
conflicts or is inconsistent with this chapter, this chapter
prevails.
(c) In addition to powers granted the district under other
law, the district has the power to:
(1) control, store, conserve, protect, distribute,
and use the storm and flood waters in the district for all useful
purposes permitted by law;
(2) implement flood prevention and control measures in
the district and prevent or aid in preventing damage to district
lands and the soil and fertility of those lands;
(3) receive and accept technical and financial
assistance from other districts or state agencies or from the
United States to accomplish district purposes; and
(4) purchase, construct, maintain, or in any other
manner acquire, provide, and develop all works, facilities,
improvements, lands, easements, and properties that may be
necessary or useful in fulfilling any purpose of the district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.102. SURVEYS; ENGINEERING INVESTIGATIONS. The
board may conduct or provide for surveys and engineering
investigations for district purposes.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.103. EXPENDITURES. The board may provide for the
payment of expenditures considered essential to the proper
maintenance of the district and its business.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.104. LIMITATION ON EMINENT DOMAIN. The
district's powers of eminent domain are limited to Hill and
McLennan counties.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.105. COST OF RELOCATING PROPERTY. If the
district's exercise of eminent domain or of another power granted
by this chapter makes necessary relocating, raising, rerouting,
changing the grade of, or altering the construction of any highway,
railroad, electric transmission line, telephone or telegraph
properties and facilities, or pipeline, all the necessary
relocating, raising, rerouting, changing of grade, or alteration of
construction shall be accomplished at the sole expense of the
district.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
SUBCHAPTER D. TAXES AND BONDS
§ 9003.151. AUTHORITY TO IMPOSE TAX; TAX
ELECTIONS. (a) If authorized at an election under Section
49.107, Water Code, the district may impose annual ad valorem taxes
to provide funds:
(1) necessary to construct or acquire, maintain, and
operate works, plants, and facilities considered essential or
beneficial to the district and its purposes; or
(2) adequate to defray the cost of the maintenance,
operation, and administration of the district.
(b) Elections for the imposition of taxes shall be:
(1) ordered by the board; and
(2) held and conducted in the manner provided by
general law relating to elections for the authorization of bonds of
water control and improvement districts.
(c) In calling an election for taxes authorized by
Subsection (a), the board shall specify the maximum tax rate. A tax
in excess of that amount may not be imposed without submitting the
question of the increased rate to the voters.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.152. TAX LIEN. All taxes imposed by the district
for any purpose constitute a lien on the property taxed. Limitation
does not bar the enforcement or collection of those taxes.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.153. ISSUANCE OF BONDS. (a) To accomplish
district purposes, the board may borrow money and issue bonds in the
manner provided by general law.
(b) In the resolution authorizing the bonds, the district
may set aside an amount from the bond proceeds for:
(1) the payment of interest expected to accrue during
construction; and
(2) a reserve interest and sinking fund.
(c) Bond proceeds may be used to pay all expenses
necessarily incurred in accomplishing district purposes, including
the expenses of issuing and selling the bonds.
(d) Pending the use of bond proceeds for the purpose for
which the bonds were issued, the board may invest the proceeds in
obligations of or guaranteed by the United States.
(e) Bonds payable wholly from the district's net revenue,
from the proceeds of any water contracts, or from any source other
than ad valorem taxes may be issued pursuant to a board resolution
without a hearing or election. The resolution must be authorized by
unanimous vote of all directors.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
§ 9003.154. TAX STATUS OF BONDS. All bonds issued by
the district, the transfer of the bonds, and the income from the
bonds, including profits from the sale of the bonds, may not be
taxed by the state or by any municipal corporation, county, or other
political subdivision or taxing district of the state.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.
