SPECIAL DISTRICT LOCAL LAWS CODE


TITLE 6. WATER AND WASTEWATER


SUBTITLE C. SPECIAL UTILITY DISTRICTS


For contingent expiration of this chapter, see Section 7222.0103.


CHAPTER 7222. MAXWELL SPECIAL UTILITY DISTRICT


SUBCHAPTER A. GENERAL PROVISIONS


Sec. 7222.0101. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Corporation" means the Maxwell Water Supply Corporation.

(3) "Director" means a board member.

(4) "District" means the Maxwell Special Utility District.

Added by Acts 2019, 86th Leg., R.S., Ch. 559 (S.B. 1422), Sec. 1, eff. June 10, 2019.

Sec. 7222.0102. NATURE OF DISTRICT. The district is a special utility district in Caldwell and Hays Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. The district is created to serve a public use and benefit.

Added by Acts 2019, 86th Leg., R.S., Ch. 559 (S.B. 1422), Sec. 1, eff. June 10, 2019.

Sec. 7222.0103. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation and initial directors' election held before September 1, 2022:

(1) the district is dissolved on September 1, 2022, except that the district shall:

(A) pay any debts incurred;

(B) transfer to Caldwell or Hays County, as appropriate, any assets of the district that remain after the payment of debts; and

(C) maintain the organization of the district until all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2023.

Added by Acts 2019, 86th Leg., R.S., Ch. 559 (S.B. 1422), Sec. 1, eff. June 10, 2019.

Sec. 7222.0104. APPLICABILITY OF OTHER LAW. Except as otherwise provided by this chapter, Chapters 49 and 65, Water Code, apply to the district.

Added by Acts 2019, 86th Leg., R.S., Ch. 559 (S.B. 1422), Sec. 1, eff. June 10, 2019.

Sec. 7222.0105. 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:

(1) the organization, existence, or validity of the district;

(2) the right of the district to issue any type of bond, including a refunding bond, for a purpose for which the district is created or to pay the principal of and interest on a bond; or

(3) the legality or operation of the district or the board of directors of the district.

Added by Acts 2019, 86th Leg., R.S., Ch. 559 (S.B. 1422), Sec. 1, eff. June 10, 2019.

SUBCHAPTER B. BOARD OF DIRECTORS


Sec. 7222.0201. DIRECTORS. The district shall be governed by a board of not fewer than 5 and not more than 11 directors, elected in accordance with Section 65.103, Water Code.

Added by Acts 2019, 86th Leg., R.S., Ch. 559 (S.B. 1422), Sec. 1, eff. June 10, 2019.

SUBCHAPTER C. POWERS AND DUTIES


Sec. 7222.0301. GENERAL POWERS. Except as otherwise provided by this chapter, the district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapters 49 and 65, Water Code, applicable to special utility districts created under Section 59, Article XVI, Texas Constitution.

Added by Acts 2019, 86th Leg., R.S., Ch. 559 (S.B. 1422), Sec. 1, eff. June 10, 2019.

Sec. 7222.0302. WATER SERVICE IMPACT FEE. (a) The district may charge a water service impact fee that is not greater than the capital recovery fee charged by the corporation on December 31, 2018, under the corporation's tariff.

(b) Chapter 395, Local Government Code, does not apply to an initial water service impact fee set under Subsection (a).

(c) The district may increase the water service impact fee authorized under Subsection (a) only as provided by Chapter 395, Local Government Code, as approved by the Texas Commission on Environmental Quality, or as otherwise provided by law.

Added by Acts 2019, 86th Leg., R.S., Ch. 559 (S.B. 1422), Sec. 1, eff. June 10, 2019.