SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9020.  DONAHOE CREEK WATERSHED AUTHORITY

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 9020.001.  DEFINITIONS.  In this chapter:
(1)  "Authority" means the Donahoe Creek Watershed Authority.
(2)  "Board" means the board of directors of the authority.
(3)  "Director" means a member of the board.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9020.002.  NATURE OF AUTHORITY.  The authority is a conservation and reclamation district in portions of Bell, Milam, and Williamson Counties.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9020.003.  FINDINGS OF BENEFIT AND PURPOSE.  (a)  All territory included in the authority will benefit from the works and projects accomplished by the authority under the powers conferred by Section 59, Article XVI, Texas Constitution.
(b)  The creation of the authority is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9020.004.  AUTHORITY TERRITORY.  The authority is composed of the territory described by Section 2, Chapter 29, Acts of the 55th Legislature, 1st Called Session, 1957, as that territory may have been modified under:
(1)  Subchapter O, Chapter 51, Water Code;
(2)  Subchapter J, Chapter 49, Water Code; or
(3)  other law.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9020.005.  APPLICABILITY OF OTHER WATER CONTROL AND IMPROVEMENT DISTRICT LAW.  Except as provided by this chapter, general laws pertaining to water control and improvement districts govern the authority.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 9020.051.  COMPOSITION OF BOARD.  The board consists of six elected directors.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9020.052.  QUALIFICATIONS FOR OFFICE.  (a)  Each director of the authority must:
(1)  be a landowner within the authority; and
(2)  reside in Bell, Milam, or Williamson County.
(b)  A director who fails to meet the requirements of Subsection (a) during the director's tenure in office shall vacate that office.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 9020.101.  GENERAL POWERS.  The authority may exercise the rights, privileges, and functions provided by this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9020.102.  WATER CONTROL AND IMPROVEMENT DISTRICT POWERS.  In exercising the power for which the authority is created, the authority has the powers conferred by general law on water control and improvement districts, including the power to:
(1)  construct, acquire, improve, maintain, and repair a dam or other structure; and
(2)  acquire land, easements, equipment, or other property needed to use, control, and distribute water that may be impounded, diverted, or controlled by the authority.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9020.103.  CONTROL OF WATER AND FLOODWATER; RECLAMATION.  The authority may:
(1)  control, store, preserve, and distribute the water and floodwater in the authority for the irrigation of arid land, conservation, preservation, reclamation, and drainage of the lands in the authority;
(2)  carry out flood prevention measures to prevent damage to the land and other property in the authority; and
(3)  reclaim lands heretofore damaged because of the prior failure to provide the facilities authorized to be constructed under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9020.104.  COST OF RELOCATING OR ALTERING PROPERTY.  If the authority's exercise of the power of eminent domain, the power of relocation, or any other power granted under this chapter makes necessary relocating, raising, rerouting, changing the grade of, or altering the construction of a highway, railroad, electric transmission line, telephone or telegraph property or facility, or pipeline, the necessary action shall be accomplished at the sole expense of the authority.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

SUBCHAPTER D.  TAXES

Sec. 9020.151.  IMPOSITION OF MAINTENANCE TAX; ELECTION PROCEDURE.  (a)  The authority may impose a maintenance tax for the purpose of maintaining structures, channeling, or other improvements constructed by the authority or others in cooperation with the authority.
(b)  A maintenance tax election shall be called and notice given in the same manner as for a bond election.
(c)  This chapter does not prevent the calling of a subsequent maintenance tax election to establish or increase the amount of tax if the board determines that a maintenance tax election is required.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9020.152.  MAINTENANCE TAX RATE.  In calling a maintenance tax election, the board must specify the maximum proposed tax rate.  To impose a maintenance tax at a rate that exceeds the maximum proposed rate approved by the voters, the board must submit the question of a tax rate increase to the voters.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9020.153.  HEARING ON CHANGE IN METHOD OF TAXATION; LIMITATION.  (a)  Except as provided by Subsection (b), the authority may call a hearing, in the same manner as for the adoption of the original plan of taxation, to consider changing the method of taxation.
(b)  After authority bonds are approved by the attorney general or district court, the authority may not change its plan of taxation.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

SUBCHAPTER E.  BONDS

Sec. 9020.201.  ISSUANCE OF BONDS.  To accomplish an authority purpose, the authority may issue bonds as provided by general law for water control and improvement districts to acquire money necessary to furnish land or easements or permanent improvements on the land or easements.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.

Sec. 9020.202.  PLEDGE OF REVENUE TO PAY BONDS.  When the board selects a plan of taxation, the board may pledge authority revenue to pay bonds authorized by voters.
Added by Acts 2015, 84th Leg., R.S., Ch. 855 (S.B. 1162), Sec. 1.06, eff. April 1, 2017.