SPECIAL DISTRICT LOCAL LAWS CODE


TITLE 6. WATER AND WASTEWATER


SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS


CHAPTER 9004. SOUTH BUDA WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1


SUBCHAPTER A. GENERAL PROVISIONS


Sec. 9004.001. 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 South Buda Water Control and Improvement District No. 1.

Added by Acts 2005, 79th Leg., Ch. 1323 (H.B. 3479), Sec. 1, eff. June 18, 2005.

Sec. 9004.002. NATURE OF DISTRICT. The district is a water control and improvement district in Hays County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch. 1323 (H.B. 3479), Sec. 1, eff. June 18, 2005.

Sec. 9004.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 9004.021 before September 1, 2010:

(1) the district is dissolved September 1, 2010, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be transferred to Hays 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, 2013.

Added by Acts 2005, 79th Leg., Ch. 1323 (H.B. 3479), Sec. 1, eff. June 18, 2005.

Sec. 9004.004. DISTRICT TERRITORY. (a) The district includes the territory provided by Section 2 of the Act creating this chapter, as that territory may have been modified under:

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

(2) other law.

(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; or

(3) the legality or operation of the board.

Added by Acts 2005, 79th Leg., Ch. 1323 (H.B. 3479), Sec. 1, eff. June 18, 2005.

Sec. 9004.005. APPLICABILITY OF OTHER LAW; CONFLICTS OF LAW. (a) Except as otherwise provided by this chapter, the following laws apply to the district:

(1) Chapters 30, 49, and 51, including Section 51.331, Water Code; and

(2) Chapter 441, Transportation Code, applicable to road utility districts created under Section 52, Article III, Texas Constitution, to the extent those provisions can apply to the district.

(b) If a provision of Chapter 441, Transportation Code, relating to road utility districts, conflicts with this chapter or Chapter 30, 49, or 51, Water Code, this chapter or Chapters 30, 49, and 51, Water Code, prevail.

Added by Acts 2005, 79th Leg., Ch. 1323 (H.B. 3479), Sec. 1, eff. June 18, 2005.

SUBCHAPTER B. POWERS AND DUTIES


Sec. 9004.051. STREET OR SECURITY LIGHTING. The district may purchase, install, operate, or maintain street lighting or security lighting within public utility easements or public rights-of-way in the district.

Added by Acts 2005, 79th Leg., Ch. 1323 (H.B. 3479), Sec. 1, eff. June 18, 2005.