SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS

For contingent expiration of this chapter, see Section 9206.003.

CHAPTER 9206.  DOUBLE PLATINUM RANCH WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 OF GRAYSON COUNTY

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 9206.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of the district.
(2)  "Director" means a member of the board.
(3)  "District" means the Double Platinum Ranch Water Control and Improvement District No. 1 of Grayson County.
Added by Acts 2007, 80th Leg., R.S., Ch. 944 (H.B. 3984), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.

Sec. 9206.002.  NATURE OF DISTRICT.  The district is a water control and improvement district in Grayson 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. 944 (H.B. 3984), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.

Sec. 9206.003.  CONFIRMATION ELECTION REQUIRED.  If the creation of the district is not confirmed at a confirmation election held under Section 9206.064 before September 1, 2011:
(1)  the district is dissolved September 1, 2011, except that:
(A)  any debts incurred shall be paid;
(B)  any assets that remain after the payment of debts shall be transferred to Grayson County; and
(C)  the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and
(2)  this chapter expires September 1, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch. 944 (H.B. 3984), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.

Text of section as added by Acts 2007, 80th Leg., R.S., Ch. 944 (H.B. 3984), Sec. 1

Sec. 9206.004.  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 other indebtedness; or
(4)  the legality or operation of the district or the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 944 (H.B. 3984), Sec. 1, eff. September 1, 2007.

Text of section as added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01

Sec. 9206.004.  INITIAL DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 1.02 of the article creating this chapter.
(b)  The boundaries and field notes contained in Section 1.02 of the article 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 other indebtedness; or
(4)  the legality or operation of the district or the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.

Sec. 9206.005.  ANNEXATION BY CITY OF GUNTER.  (a)  Notwithstanding any other law, if all of the territory of the district is annexed by the City of Gunter into the corporate limits of that municipality before the date of the election held to confirm the creation of the district, the district may not be dissolved and shall continue until the district is dissolved under Section 43.074, Local Government Code.
(b)  Any future annexation or inclusion of additional territory into a district governed by this chapter may not occur unless the City of Gunter is allowed to voluntarily annex the same territory into its corporate limits.
Added by Acts 2007, 80th Leg., R.S., Ch. 944 (H.B. 3984), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 9206.051.  DIRECTORS; TERMS.  (a)  The district is governed by a board of five directors.
(b)  Except as provided by Section 9206.061 of this code and Section 49.102, Water Code, directors serve staggered four-year terms, with the terms of two or three directors expiring June 1 of each even-numbered year.
Added by Acts 2007, 80th Leg., R.S., Ch. 944 (H.B. 3984), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.

Sec. 9206.052.  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. 944 (H.B. 3984), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.

SUBCHAPTER B-1.  TEMPORARY PROVISIONS

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 9206.101.  WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND DUTIES.  (a)  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.
(b)  Notwithstanding Subsection (a), the district may not act as a retail provider of water or wastewater services.
(c)  The district shall make its water and wastewater facilities available to an entity holding the applicable certificate of convenience and necessity.
Added by Acts 2007, 80th Leg., R.S., Ch. 944 (H.B. 3984), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.

Sec. 9206.102.  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 turnpikes, or improvements in aid of those roads or turnpikes, inside the district.
(b)  A road project must meet or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of the municipality in whose corporate limits or extraterritorial jurisdiction the district is located.
(c)  If a portion of the territory of the district is excluded from the corporate limits of the City of Gunter, the district shall:
(1)  improve, maintain, repair, and operate the roads located in that portion of territory in accordance with the ordinances and rules of the political subdivision possessing jurisdiction over the roads in that portion of territory; and
(2)  pay the entire cost of performing the district's duties under Subdivision (1).
Added by Acts 2007, 80th Leg., R.S., Ch. 944 (H.B. 3984), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.

Sec. 9206.103.  DIVISION OF DISTRICT.  (a)  The district may be divided into two new districts only if:
(1)  the district has no outstanding bonded debt;
(2)  the district is not imposing ad valorem taxes; and
(3)  each new district is within the corporate limits of the City of Gunter.
(b)  The division procedure is prescribed by Sections 53.030 through 53.041, Water Code.  Sections 51.748 through 51.753, Water Code, do not apply to the district.
(c)  Any new district created by the division of the district has all the powers and duties of the district.
(d)  At the time of creation, any new district created by the division of the district may not contain any land outside the area described by Section 2 of the Act creating this chapter.
 
Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01

 
(d)  At the time of creation, any new district created by the division of the district may not contain any land outside the area described by Section 1.02 of the article creating this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 944 (H.B. 3984), Sec. 1, eff. September 1, 2007.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Sec. 9206.151.  TAX TO REPAY BONDS.  The district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 9206.201.
Added by Acts 2007, 80th Leg., R.S., Ch. 944 (H.B. 3984), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.

SUBCHAPTER E.  BONDS

Sec. 9206.201.  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 a project under Section 9206.101 or 9206.102.
(b)  The district may not issue bonds to finance projects authorized by Section 9206.102 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election called for that purpose.
(c)  Bonds or other obligations issued or incurred to finance projects authorized by Section 9206.102 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. 944 (H.B. 3984), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1129 (H.B. 4069), Sec. 1.01, eff. September 1, 2007.