SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE E. LEVEE IMPROVEMENT DISTRICTS

CHAPTER 7806.  NORTHWEST DALLAS COUNTY FLOOD CONTROL DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 7806.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a member of the board.
(3)  "District" means the Northwest Dallas County Flood Control District.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.002.  NATURE OF DISTRICT; POLITICAL SUBDIVISION.  The district is:
(1)  a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution; and
(2)  a political subdivision of this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is created to serve a public use and benefit.
(b)  All land and other property included in the district's boundaries will benefit from the works and projects of the district.
(c)  The creation of the district will accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.004.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 3, Chapter 472, Acts of the 69th Legislature, Regular Session, 1985, as that territory may have been modified under:
(1)  Section 7806.103 of this chapter or its predecessor statute, former Section 14, Chapter 472, Acts of the 69th Legislature, Regular Session, 1985;
(2)  Subchapter J, Chapter 49, Water Code; or
(3)  other law.
(b)  The boundaries of the district form a closure.  A mistake in the description of the district's boundaries does not affect:
(1)  the district's organization, existence, or validity; or
(2)  the exercise of a power, function, or purpose under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

SUBCHAPTER B.  DISTRICT ADMINISTRATION

Sec. 7806.051.  COMPOSITION OF BOARD.  The district is governed by a board of three elected directors.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.052.  ELIGIBILITY.  To serve as a director, a person must:
(1)  own taxable property in the district; or
(2)  be a resident of the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.053.  BOARD VACANCY.  A vacancy on the board shall be filled by the remaining directors for the unexpired term.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.054.  OFFICERS.  (a)  The board shall elect a president, a vice president, and a secretary-treasurer at the first board meeting after each directors' election.
(b)  The secretary-treasurer:
(1)  is the custodian of district records; and
(2)  shall attest to all legal documents executed by the district.
(c)  The board may employ an assistant secretary to act in the absence of the secretary.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.055.  COMPENSATION.  Unless the board by resolution increases the fee to an amount authorized by Section 49.060, Water Code, each director is entitled to receive $50 for each day the director is actually engaged in duties for the district, but not more than $200 in any month.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.056.  MEETINGS.  (a)  The board shall:
(1)  establish a regular meeting time and place; and
(2)  publish notice of the meeting time and place in a newspaper with general circulation in the district.
(b)  The board by order may change the meeting time and place if the board gives notice as provided by this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 7806.101.  LEVEE IMPROVEMENT DISTRICT POWERS.  The district may exercise all of the rights, powers, privileges, and functions conferred or imposed by the general law of this state applicable to a levee improvement district created under Section 59, Article XVI, Texas Constitution, including those provided by Chapters 49 and 57, Water Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.102.  RECLAMATION AND DRAINAGE.  (a)  The district may purchase, acquire, construct, own, operate, maintain, repair, rebuild, add to, and make improvements to any works, materials, facilities, plants, equipment, and improvements necessary, helpful, or incident to the reclamation of land in the district and for the proper drainage of land in the district.
(b)  To accomplish the purposes of Subsection (a), the district may issue bonds and notes, enter into contracts, or incur obligations in the manner provided by this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.103.  ANNEXATION OR EXCLUSION OF LAND.  (a) The district may annex land to or may, before holding a bond election, exclude land from the district in accordance with Subchapter J, Chapter 49, or Subchapter H, Chapter 54, Water Code.
(b)  The district is not required to hold an exclusion hearing unless the board determines the hearing should be held.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.104.  COST OF RELOCATING OR ALTERING PROPERTY.  If the district's exercise of the powers granted under this chapter makes necessary the relocating, raising, rerouting, changing the grade of, or altering the construction of any highway, railroad, electric transmission or distribution line, pipeline, or telephone or telegraph properties or facilities, the district shall pay all of the actual cost of:
(1)  the relocating, raising, rerouting, changing in grade, or altering of construction; and
(2)  providing comparable replacement of facilities without enhancement, less the net salvage value of the facilities.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.105.  DISTRICT ELECTIONS.  (a) Notice of an election must be published once a week for two consecutive weeks in a newspaper with general circulation in the district, with the first publication occurring at least 14 days before the date of the election.
(b)  A bond or maintenance tax election may be held at the same time.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Sec. 7806.151.  TAX METHOD.  (a)  The district shall use the ad valorem plan of taxation.
(b)  The board is not required to hold a hearing on the adoption of a plan of taxation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.152.  TAX ASSESSMENT AND COLLECTION.  The district may:
(1)  employ a tax collector; or
(2)  contract with any qualified person to assess and collect taxes for the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.153.  DEPOSITORY.  The board may select one or more depositories.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.154.  INVESTMENT OF DISTRICT MONEY.  District money may be invested by the board or the board's designee under Subchapter E, Chapter 49, Water Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.155.  EXPENDITURES.  An expenditure of the district must be made by check signed by two directors.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

SUBCHAPTER E.  BONDS

Sec. 7806.201.  AUTHORITY TO ISSUE BONDS.  (a) The board may issue bonds or notes of the district for any authorized purpose or combination of purposes under Chapter 54, Water Code.
(b)  Sections 49.181 and 49.182, Water Code, do not apply to the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.

Sec. 7806.202.  ELECTION REQUIRED.  The district may not issue bonds, except refunding bonds, secured wholly or partly by the imposition of ad valorem taxes unless the issuance is authorized by a majority of the district voters voting at an election called for that purpose.
Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.