SPECIAL DISTRICT LOCAL LAWS CODE CHAPTER 9305. ESCONDIDO WATERSHED DISTRICT

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE J. WATER IMPROVEMENT DISTRICTS

CHAPTER 9305. ESCONDIDO WATERSHED DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2027

Sec. 9305.0101. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Escondido Watershed District.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0102. NATURE OF DISTRICT. The district is:

(1) a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution; and

(2) a political subdivision of this state.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is:

(1) created to serve a public use and benefit; and

(2) essential to the accomplishment of the preservation and conservation of this state's natural resources.

(b) All land in the district will benefit from the district.

(c) All territory in the district will benefit from the works and improvements accomplished and provided by the district under the powers conferred by this chapter and Section 59, Article XVI, Texas Constitution.

(d) This chapter addresses a subject in which this state and the general public are interested.

(e) The district performs an essential public function under the Texas Constitution in carrying out the purposes of this chapter because the accomplishment of those purposes is for the benefit of the people of this state and the improvement of their properties and industries.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0104. DISTRICT TERRITORY. (a) The district is composed of the territory described by Section 3, Chapter 364, Acts of the 57th Legislature, Regular Session, 1961, as that territory may have been modified under:

(1) Subchapter J, Chapter 49, Water Code; or

(2) other law.

(b) The district includes all property and territory in the district's boundaries.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0105. CORRECTION OF INVALID PROCEDURES. If a court holds that any procedure under this chapter violates the United States Constitution or the Texas Constitution, the district by resolution may provide an alternative procedure that conforms with that constitution.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0106. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed to effectuate the chapter's purposes.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS

Text of section effective on April 01, 2027

Sec. 9305.0201. COMPOSITION OF BOARD. The board consists of five elected directors.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0202. QUALIFICATIONS. A director must:

(1) be at least 18 years of age; and

(2) reside in and own land in the district.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0203. NOTICE OF ELECTION. Notice of a directors' election must be published once in a newspaper of general circulation in the district at least 30 days before the election date.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0204. BALLOT PETITION. (a) A person who wants the person's name printed on the ballot as a candidate for director must submit to the board's secretary a petition requesting that action.

(b) The petition must be signed by at least 10 residents of the district who are qualified to vote at the election.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0205. OFFICERS. (a) The board shall elect from the board's membership a president, a vice president, and any other officers the board determines necessary.

(b) The board shall appoint a secretary and a treasurer, who are not required to be directors. The board may combine the offices of secretary and treasurer.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0206. VOTE BY PRESIDENT. The president has the same right to vote as any other director.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0207. ABSENCE OR INACTION OF PRESIDENT. When the president is absent or fails or declines to act, the vice president shall perform all duties and exercise all powers this chapter confers on the president.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0208. DIRECTOR'S BOND. Each director shall give bond in the amount of $5,000 conditioned on the faithful performance of the director's duties.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0209. EMPLOYEES. The board may employ a general manager, attorneys, accountants, engineers, or other technical or nontechnical employees or assistants and set the amount and manner of their compensation.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0210. EXPENDITURES. The board may provide for the payment of expenditures considered essential to the proper operation and maintenance of the district and the district's affairs.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0211. SEAL. The board may adopt a seal for the district.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

SUBCHAPTER C. POWERS AND DUTIES

Text of section effective on April 01, 2027

Sec. 9305.0301. GENERAL POWERS. The district may:

(1) control, store, and distribute the water and flood water in the district for or in aid of conserving, preserving, reclaiming, and improving the land and soil in the district;

(2) carry out flood prevention measures to prevent or aid in preventing damage to land and soil and the fertility of the land and soil;

(3) engage in land treatment measures to prevent deterioration, erosion, and loss of land and soil;

(4) carry out preventive and control measures in the district;

(5) construct, acquire, improve, carry out, maintain, repair, and operate dams, structures, projects, and works of improvement for:

(A) flood prevention, including structural and land treatment measures;

(B) agricultural and land treatment measures; and

(6) purchase or acquire other facilities and equipment necessarily connected with the functions described by Subdivision (5) and engage in activities necessary to carry out those functions.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0302. EMINENT DOMAIN. (a) To carry out a power conferred by this chapter, the district may exercise the power of eminent domain to acquire land and easements in the district.

(b) The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code.

(d) The district's authority under this section to exercise the power of eminent domain expired on September 1, 2013, unless the district submitted a letter to the comptroller in accordance with Section 2206.101(b), Government Code, not later than December 31, 2012.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0303. COST OF RELOCATING OR ALTERING PROPERTY. (a) In this section, "sole expense" means the actual cost of relocating, raising, lowering, rerouting, changing the grade of, or altering the construction of a facility described by Subsection (b) in providing comparable replacement without enhancing the facility, after deducting from that cost the net salvage value derived from the old facility.

(b) If the district's exercise of the power of eminent domain, the power of relocation, or any other power granted by 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 district's sole expense.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0304. SURVEYS AND INVESTIGATIONS. The board may conduct a survey or an engineering investigation to provide information for the district to facilitate the accomplishment of a purpose for which the district is created.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0305. POWER TO QUALIFY FOR BENEFITS UNDER OTHER LAW. The district has the power necessary to fully qualify for and gain the full benefits of any law helpful in carrying out the purposes for which the district is created.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Text of section effective on April 01, 2027

Sec. 9305.0401. AUTHORITY TO IMPOSE TAX; LIMITATION ON TAX RATE; TAX ELECTION. (a) If the tax is authorized at an election under Section 49.107, Water Code, the board annually may impose an ad valorem tax to provide money:

(1) necessary to construct or acquire, maintain, and operate works, plants, and facilities considered essential or beneficial to the district and the district's purposes; or

(2) adequate to defray the cost of the district's maintenance, operation, and administration.

(b) An election for the imposition of taxes authorized by this section must be:

(1) ordered by the board; and

(2) held and conducted, with notice provided and results determined, in the manner provided by this chapter relating to elections for the authorization of bonds.

(c) In ordering a tax election authorized by this section, the board must specify the maximum proposed tax rate. To impose a maintenance tax at a rate that exceeds the maximum rate approved by the voters, the board must submit the question of a tax rate increase to the voters in the manner provided by this section.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0402. TAX METHOD. (a) The district shall use the ad valorem plan of taxation.

(b) The board is not required to hold a hearing on the adoption of a plan of taxation.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0403. DEPOSITORY. (a) The board shall designate one or more banks to serve as a depository for district money.

(b) District money shall be deposited in a designated depository, except that money shall be remitted to the bank of payment to pay the principal of and interest on the district's outstanding bonds.

(c) Membership of a bank officer or director on the board does not disqualify the bank from being designated as a depository.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0404. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. The district is not required to pay a tax or assessment on a district project or any part of the project.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

SUBCHAPTER E. BONDS

Text of section effective on April 01, 2027

Sec. 9305.0501. AUTHORITY TO ISSUE BONDS; TAXES FOR BONDS. (a) The district may issue bonds payable from ad valorem taxes imposed on all taxable property in the district to provide dams, structures, projects, and works of improvement for flood prevention, including structural and land treatment measures, to purchase and acquire lands, easements, and rights-of-way and for agricultural phases of conservation, development, and use and disposal of water, for necessary facilities, equipment, and properties in connection therewith and for improvement, maintenance, repair, and operation of same, and to carry out any other power conferred by this chapter.

(b) The board shall annually impose the taxes in an amount sufficient to pay the principal of and interest on the bonds as the bonds and interest become due.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0502. BOND ELECTION REQUIRED. (a) District bonds, other than refunding bonds, may not be issued unless authorized by an election at which a majority of the votes cast favor the bond issuance.

(b) The board may order an election under this section without a petition. The order must specify:

(1) the time and place at which the election will be held;

(2) the purpose for which the bonds will be issued;

(3) the maximum amount of the bonds;

(4) the maximum maturity of the bonds;

(5) the maximum interest rate of the bonds;

(6) the form of the ballot; and

(7) the presiding judge for each polling place.

(c) Notice of the election must be given by publishing in a newspaper of general circulation in the district a substantial copy of the election order. The notice must be published once each week for two consecutive weeks. The first publication must be not later than 14 days before the election date.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0503. FORM OF BONDS. District bonds must be:

(1) issued in the district's name;

(2) signed by the president; and

(3) attested by the secretary.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0504. MATURITY. District bonds must mature not later than 40 years after the date of their issuance.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0505. USE OF BOND PROCEEDS. (a) The district may set aside an amount of proceeds from the sale of district bonds for the payment of interest to accrue during construction and for one year after construction and a reserve interest and sinking fund.

(b) The district may use proceeds from the sale of the bonds to pay any expense incurred in accomplishing the purpose for which the district is created, including:

(1) the cost of printing and issuing the bonds; and

(2) payment of fees associated with attorneys, fiscal agents, and engineers.

(c) Pending the use of bond proceeds for the purpose for which the bonds were issued, the board may invest the proceeds in obligations of or guaranteed by the United States.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0506. REFUNDING BONDS. (a) The district without an election may issue refunding bonds for the purpose of refunding outstanding bonds authorized by this chapter and the interest on those bonds.

(b) Refunding bonds the district issues may be issued to refund bonds of more than one series of outstanding bonds.

(c) The provisions of this chapter regarding the issuance of other bonds and the remedies of the holders apply to refunding bonds.

(d) The comptroller shall register the refunding bonds on surrender and cancellation of the bonds to be refunded.

(e) Instead of issuing bonds to be registered on the surrender and cancellation of the bonds to be refunded, the district, in the resolution authorizing the issuance of the refunding bonds, may provide for the sale of the refunding bonds and the deposit of the proceeds in a bank at which the bonds to be refunded are payable. In that case, the refunding bonds may be issued in an amount sufficient to pay the principal of and interest on the bonds to be refunded to their option date or maturity date, and the comptroller shall register the refunding bonds without the concurrent surrender and cancellation of the bonds to be refunded.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.

Text of section effective on April 01, 2027

Sec. 9305.0507. BONDS EXEMPT FROM TAXATION. A district bond, the transfer of the bond, and the income from the bond, including profits made on the sale of the bond, are exempt from taxation in this state.

Added by Acts 2025, 89th Leg., R.S., Ch. 203 (H.B. 1615), Sec. 1.04, eff. April 1, 2027.