SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE B. FRESH WATER SUPPLY DISTRICTS
CHAPTER 6908. LIBERTY LAKES FRESH WATER SUPPLY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6908.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Liberty Lakes Fresh Water Supply District No. 1.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
Sec. 6908.002. NATURE OF DISTRICT. The district is a fresh water supply district created under and essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
Sec. 6908.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. All land and other property in the district will benefit from the improvements and services to be provided by the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 6908.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
Sec. 6908.052. QUALIFICATIONS. To be qualified to serve as a director, a person must be:
(1) at least 18 years of age;
(2) a resident of this state; and
(3) an owner of land subject to taxation in the district or a qualified voter of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 6908.101. 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 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
Sec. 6908.102. FRESH WATER SUPPLY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state applicable to fresh water supply districts created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 53, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
Sec. 6908.103. AUTHORITY FOR DRAINAGE PROJECTS. The district may purchase, construct, acquire, own, operate, maintain, repair, or improve all works, improvements, facilities, plants, equipment, and appliances necessary to gather, conduct, divert, and control local stormwater or other local harmful excesses of water in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
Sec. 6908.104. 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) This chapter applies to any new district created by the division of the district, and a new 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 territory of the district as it existed on the date the district was created.
(d) The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district.
(e) The board may adopt an order dividing the district before or after the date the board holds an election to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the territory of each new district;
(3) appoint temporary directors for each new district; and
(4) provide for the division of assets and liabilities between or among the new districts.
(g) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the Texas Commission on Environmental Quality and record the order in the real property records of each county in which the district is located.
(h) Any new district created by the division of the district shall hold a confirmation and directors' election as provided by Section 49.102, Water Code.
(i) Municipal consent to the creation of the district and to the inclusion of land in the district acts as municipal consent to the creation of any new district created by the division of the district and to the inclusion of land in the new district.
(j) Any new district created by the division of the district must hold an election as required by this chapter 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 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
Sec. 6908.105. ADDITION OF LAND. Land that is adjacent to the district may be added to the district in the manner provided by and in accordance with the requirements of Subchapter J, Chapter 49, Water Code, whether or not the land is located in the same county.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 6908.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 6908.153.
(b) The district must hold an election in the manner provided by Chapters 49 and 53, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
(c) 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
Sec. 6908.152. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 6908.151, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
Sec. 6908.153. CONTRACT TAXES. (a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
Sec. 6908.154. TAX ASSESSOR AND COLLECTOR. Sections 53.072-53.075, Water Code, do not apply to the district. The board may employ or contract with a tax assessor and collector for the district as provided by Chapter 49, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 6908.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. 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 any authorized district purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
Sec. 6908.202. 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 as required and in the manner provided by Section 53.188, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.
Sec. 6908.203. BONDS FOR ROAD PROJECTS. 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 the real property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 56 (S.B. 914), Sec. 2, eff. May 19, 2009.