SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9017.  TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT

DISTRICT NO. 17

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 9017.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Defined area" means the Lakeway Regional Medical Center Defined Area.
(3)  "District" means the Travis County Water Control and Improvement District No. 17.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

SUBCHAPTER B.  LAKEWAY REGIONAL MEDICAL CENTER DEFINED AREA

Sec. 9017.051.  CREATION OF LAKEWAY REGIONAL MEDICAL CENTER DEFINED AREA.  The defined area is created in the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.052.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.  (a)  The defined area is created to serve a public purpose and benefit.
(b)  The defined area 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 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.053.  INITIAL DEFINED AREA TERRITORY.  (a)  The defined area is initially composed of the territory described by Section 2 of the Act enacting this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act enacting 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 defined area's organization, existence, or validity;
(2)  the district's right to execute contracts or issue any type of bond or obligation for the purposes for which the defined area is created or to make payments under a contract or obligation or pay the principal of and interest on a bond;
(3)  the district's right to impose a tax in the defined area; or
(4)  the defined area's legality or operation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.054.  EXCLUSION OF TERRITORY FROM DEFINED AREA.  Before holding an election under Section 9017.060, the district may exclude territory from the defined area in the manner provided by Sections 49.303, 49.304, 49.305, 49.306, and 49.307, Water Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.055.  ADMINISTRATION OF DEFINED AREA.  (a)  Except as provided by Subsection (b), the board shall administer the defined area as provided by Chapter 51, Water Code.
(b)  Sections 51.518-51.524 and 51.526-51.529, Water Code, do not apply to the defined area.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.056.  ELECTIONS IN DEFINED AREA.  (a)  An election limited to the defined area shall conform to the requirements of the Election Code.  The board shall submit the appropriate issue to the voters of the defined area and the issue may also be submitted on the same ballot to be used in a general election.
(b)  In an election held for a purpose set forth in Section 9017.057, 9017.060, 9017.061, 9017.062, 9017.063, or 9017.064, the board may include one or more purposes in a single proposition.  The ballot for an election under this chapter must be printed to provide for voting for or against the proposition.
(c)  An election under this section does not require that an election be held in the part of the district outside the defined area.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.057.  AUTHORITY FOR ROAD PROJECTS IN DEFINED AREA.  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, including roads located outside the boundaries of the defined area, to serve the defined area as determined by the board.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.058.  ROAD STANDARDS AND REQUIREMENTS IN DEFINED AREA.  (a)  A road project in the defined area must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits the road project is located.
(b)  If a road project is not located in the corporate limits 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 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.059.  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 9017.057; or
(2)  a recreational facility as defined by Section 49.462, Water Code, primarily intended to serve the defined area.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.060.  ELECTIONS REGARDING DEFINED AREA TAXES OR BONDS.  (a)  The district must hold an election in the defined area in the manner provided by Section 9017.056 to obtain voter approval before the district may impose an ad valorem tax only on the property of the defined area or issue bonds payable from ad valorem taxes only on the property of the defined area.
(b)  The district may not issue bonds payable wholly or partly from ad valorem taxes to finance a road project in the defined area unless the issuance is approved by a vote of a two-thirds majority of the voters of the defined area voting at an election held for that purpose.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.061.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized at an election held under Section 9017.060, the district may impose an operation and maintenance tax on taxable property in only the defined area 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. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.062.  CONTRACT TAXES.  (a)  In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax in the defined area only 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 defined area voters voting at an election held under Section 9017.060.
(b)  In addition to the purposes allowed by Chapter 49, Water Code, a contract may contain provisions related to the plant, works, facilities, roads, or other projects to serve the defined area.
(c)  A contract approved by the defined area 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. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.063.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.  The district may issue bonds or other obligations as provided by Chapters 49 and 51, Water Code, to finance the construction, maintenance, or operation of the plant, works, facilities, roads, or other projects to serve the defined area.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.064.  TAXES FOR BONDS.  At the time the district issues bonds under Section 9017.060, the board may provide for the imposition of a tax to pay the principal of or interest on the bonds.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

Sec. 9017.065.  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 in the defined area may not exceed one-fourth of the assessed value of the real property in the defined area.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1261 (S.B. 942), Sec. 1, eff. September 1, 2011.

SUBCHAPTER C.  BOARD OF DIRECTORS

Sec. 9017.101.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of five directors.
(b)  Directors serve staggered four-year terms, with two or three directors' terms expiring at the first meeting of the board after the November election in even-numbered years and after the board has canvassed the votes and the newly elected directors have qualified for office and taken the constitutional oath.
Added by Acts 2021, 87th Leg., R.S., Ch. 289 (H.B. 4585), Sec. 1, eff. June 4, 2021.

Sec. 9017.102.  ELECTION DATE.  The district shall hold an election to elect the appropriate number of directors on the uniform election date prescribed by Section 41.001, Election Code, in November of each even-numbered year.
Added by Acts 2021, 87th Leg., R.S., Ch. 289 (H.B. 4585), Sec. 1, eff. June 4, 2021.