SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

CHAPTER 9067. HIDALGO COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 18

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 9067.001.  DEFINITION.  In this chapter, "district" means the Hidalgo County Water Control and Improvement District No. 18.
Added by Acts 2015, 84th Leg., R.S., Ch. 443 (H.B. 3220), Sec. 1, eff. June 15, 2015.

Sec. 9067.002.  NATURE AND PURPOSES OF DISTRICT.  (a)  The district is a water control and improvement district created under Section 59, Article XVI, Texas Constitution.
(b)  The district 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 2015, 84th Leg., R.S., Ch. 443 (H.B. 3220), Sec. 1, eff. June 15, 2015.

SUBCHAPTER B.  POWERS AND DUTIES

Sec. 9067.051.  GENERAL POWERS AND DUTIES.  The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Added by Acts 2015, 84th Leg., R.S., Ch. 443 (H.B. 3220), Sec. 1, eff. June 15, 2015.

Sec. 9067.052.  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 power to construct, participate in, own, maintain, and provide services related to water conservation projects, lakes, reservoirs, canals, and wells, and water, sewer, recycled water, and related utility facilities.
Added by Acts 2015, 84th Leg., R.S., Ch. 443 (H.B. 3220), Sec. 1, eff. June 15, 2015.

Sec. 9067.053.  AUTHORITY FOR ROAD PROJECTS.  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, a municipality, or a public improvement district within a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, lakes, reservoirs, canals, underground drainage, and water treatment systems, in aid of those roads.
Added by Acts 2015, 84th Leg., R.S., Ch. 443 (H.B. 3220), Sec. 1, eff. June 15, 2015.

Sec. 9067.054.  ROAD STANDARDS AND REQUIREMENTS.  (a)  A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.
(b)  If a road project is not located in the corporate limits or extraterritorial jurisdiction 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 2015, 84th Leg., R.S., Ch. 443 (H.B. 3220), Sec. 1, eff. June 15, 2015.

Sec. 9067.055.  PARTICIPATION IN WATER CONSERVATION PROJECTS.  The district may participate in the funding and construction of improvements related to water conservation projects within the City of McAllen Tax Increment Reinvestment Zone Number One. Those projects include the construction of lakes, reservoirs, drainage facilities, recycled water facilities, constructed wetlands and filtration systems, and related infrastructure. The district may not engage in projects authorized by this section outside of the boundaries of the district. The district may exercise the powers under this section only in cooperation with a public improvement district located within the boundaries of the City of McAllen Tax Increment Reinvestment Zone Number One under an agreement between the district and the public entity or improvement district.
Added by Acts 2015, 84th Leg., R.S., Ch. 443 (H.B. 3220), Sec. 1, eff. June 15, 2015.

SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS

Sec. 9067.101.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS FOR ROAD PROJECTS.  (a)  The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for a project authorized by Section 9067.053 or 9067.055.
(b)  The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.
(c)  At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of real property in the district.
Added by Acts 2015, 84th Leg., R.S., Ch. 443 (H.B. 3220), Sec. 1, eff. June 15, 2015.

Sec. 9067.102.  TAXES FOR BONDS.  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding.
Added by Acts 2015, 84th Leg., R.S., Ch. 443 (H.B. 3220), Sec. 1, eff. June 15, 2015.