SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9027.  BOLIVAR YACHT BASIN WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF GALVESTON COUNTY

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 9027.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Director" means a board member.
(3)  "District" means the Bolivar Yacht Basin Water Control and Improvement District No. 1 of Galveston County.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

Sec. 9027.002.  NATURE OF DISTRICT.  The district is a water control and improvement district in Galveston County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

Sec. 9027.004.  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 impose taxes;
(3)  the validity of the district's bonds, notes, or indebtedness; or
(4)  the legality or operation of the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

SUBCHAPTER A-1.  ORGANIZATION AND CONFIRMATION

Sec. 9027.021.  TEMPORARY DIRECTORS.  (a)  On or after September 1, 2007, a person who owns land in the district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as temporary directors the five persons named in the petition.
(b)  The commission shall appoint as temporary directors the five persons named in the first petition received by the commission.
(c)  If a temporary director fails to qualify for office, the commission shall appoint a person to fill the vacancy.
(d)  Temporary directors serve until the earlier of:
(1)  the date directors are elected under Section 9027.023; or
(2)  the fourth anniversary of the effective date of the Act enacting this chapter.
(e)  If directors have not been elected under Section 9027.023 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (f) to serve terms that expire on the earlier of:
(1)  the date directors are elected under Section 9027.023; or
(2)  the fourth anniversary of the date of the appointment or reappointment.
(f)  If Subsection (e) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the Texas Commission on Environmental Quality requesting that the commission appoint as successor temporary directors the five persons named in the petition.  The commission shall appoint as successor temporary directors the five persons named in the petition.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 585 (H.B. 3821), Sec. 2, eff. June 17, 2011.

Sec. 9027.022.  ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.  As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall meet at a location in the district agreeable to a majority of the directors.  If a location cannot be agreed upon, the meeting shall be at the Galveston County Courthouse.  At the meeting the temporary directors shall elect officers from among the temporary directors and conduct any other district business.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

Sec. 9027.023.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  The temporary directors shall hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

Sec. 9027.024.  INITIAL ELECTED DIRECTORS; TERMS.  The directors elected under Section 9027.023 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 9027.052 and which three shall serve until the second regularly scheduled election of directors.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 9027.051.  DIRECTORS; TERMS.  (a)  The district is governed by a board of five directors.
(b)  Directors serve staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

Sec. 9027.052.  ELECTION OF DIRECTORS.  On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 9027.101.  WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND DUTIES.  The district has the powers and duties provided by the general law of this state, including Chapters 49 and 51, Water Code, applicable to water control and improvement districts created under Section 59, Article XVI, Texas Constitution, including the powers provided by Section 51.331, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

Sec. 9027.102.  ROAD PROJECTS.  (a)  To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads, or improvements in aid of those roads, inside the district.
(b)  A road project must meet or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located.  If the district is located outside the extraterritorial jurisdiction of a municipality, a road project must meet or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each county in which the district is located.
(c)  The district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by ordinance or resolution.  If a district is located outside the extraterritorial jurisdiction of a municipality, the district may not undertake a road project unless each county in which the district is located consents by ordinance or resolution.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

Sec. 9027.103.  NAVIGATION POWERS.  The district may purchase, construct, acquire, own, operate, maintain, improve, or extend, inside and outside the district, canals, waterways, bulkheads, docks, and any other improvements or facilities necessary or convenient to accomplish the navigation purposes of the district under Chapters 60 and 62, Water Code, as authorized by Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

Sec. 9027.104.  DIVISION OF DISTRICT.  (a)  The district may be divided into two or more new districts only if the district:
(1)  has no outstanding bonded debt; and
(2)  is not imposing ad valorem taxes.
(b)  Any new district created by the division of the district has all the powers and duties of the district.
(c)  Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.
(d)  The board, on its own motion or on receipt of a petition signed by the owners of a majority of the assessed value of real property in the district according to the most recent certified appraisal roll for Galveston County, may adopt an order dividing the district.
(e)  An order dividing the district shall:
(1)  name each new district;
(2)  include the metes and bounds of each new district;
(3)  appoint temporary directors for each new district; and
(4)  provide for the division of assets and liabilities among the new districts.
(f)  On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order dividing the district with the Texas Commission on Environmental Quality and record the order in the real property records of Galveston County.
(g)  Any new district created by the division of the district shall hold a confirmation and directors' election as required by Section 49.102, Water Code.
(h)  Any new district created by the division of the district must hold an election in the manner provided by Chapters 49 and 51, Water Code, to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Sec. 9027.151.  TAX TO REPAY BONDS.  The district may impose a tax to pay the principal of or interest on bonds issued under Section 9027.201.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.

SUBCHAPTER E. BONDS

Sec. 9027.201.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.  (a)  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 projects under Sections 9027.101 and 9027.102.
(b)  The district may not issue bonds to finance projects authorized by Section 9027.102 unless the issuance is approved by a vote of a two-thirds majority of district voters voting at an election called for that purpose.
(c)  Bonds or other obligations issued or incurred to finance projects authorized by Section 9027.102 may not exceed one-fourth of the assessed value of the real property in the district.
Added by Acts 2007, 80th Leg., R.S., Ch. 1289 (H.B. 4112), Sec. 1, eff. September 1, 2007.