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  S.B. No. 914
 
 
 
 
AN ACT
  relating to the powers and duties of the Liberty Lakes Fresh Water
  Supply District No. 1; providing authority to impose a tax and issue
  bonds; granting the power of eminent domain.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The name of Liberty Lakes Fresh Water Supply
  District No. 1 of Liberty County is changed to Liberty Lakes Fresh
  Water Supply District No. 1.
         SECTION 2.  Subtitle B, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 6908 to read as follows:
  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.
         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.
         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.
  [Sections 6908.004-6908.050 reserved for expansion]
  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.
         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.
  [Sections 6908.053-6908.100 reserved for expansion]
  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.
         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.
         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.
         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.
         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.
  [Sections 6908.106-6908.150 reserved for expansion]
  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.
         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.
         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.
         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.
  [Sections 6908.155-6908.200 reserved for expansion]
  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.
         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.
         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.
         SECTION 3.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 914 passed the Senate on
  April 2, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 914 passed the House on
  May 5, 2009, by the following vote:  Yeas 144, Nays 0, one present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor