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Texas Laws | Water Code
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS

(2) The owner or owners of 2,000 or more contiguous acres may petition the commission for creation of a district. (23285)

(3) The commissioners courts of one or more counties may petition the commission for creation of a district in any territory within the county. (23286)

(4) The governing body of any city may petition the commission for creation of a district in any territory within the city or its extraterritorial jurisdiction. (23287)

(b) Petitions for the creation of a district must: (23288)

(1) describe the boundaries of the proposed district by metes and bounds that adequately and completely circumscribe the property so that there is complete closure of the property or by lot and block numbers if there is a recorded map or plat or subdivision survey of the area; (23289)

(2) state the general nature of the work proposed to be done, the necessity of the work, and the cost of any projects of the district as estimated by those filing the petition; (23290)

(3) state the name of each petitioner; and (23291)

(4) include a name of the district generally descriptive of the locale of the district followed by the words "Regional District." (23292)

(c) A proposed district may not have the same name as any other district in the state. (23293)

(d) Section 54.013 applies to the composition of districts created under this chapter. (23294)

Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995. (23295)

Sec. 59.004. PURPOSES OF DISTRICT. (23296)(Text)

A district shall be created: (23297)

(1) to purchase, own, hold, lease, and otherwise acquire sources of water supply; (23298)

(2) to build, operate, and maintain facilities for the transportation of water; (23299)

(3) to sell water to cities, to political subdivisions of this state, to water supply corporations, to private business entities, and to individuals; (23300)

(4) to purchase, own, hold, lease, and otherwise acquire equipment and mechanisms necessary for sanitary sewer and wastewater treatment; (23301)

(5) to build, operate, and maintain facilities for sanitary sewer and wastewater treatment; (23302)

(6) to transport and treat sanitary sewer and wastewater effluent of cities and political subdivisions of this state and for private business entities or individuals; (23303)

(7) to purchase, own, hold, lease, and otherwise acquire equipment and mechanisms for the drainage of storm water and floodwater; and (23304)

(8) for the purposes outlined in Section 54.012. (23305)

Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995. (23306)

Sec. 59.005. MATCHING FUNDS GUARANTEES. (23307)(Text)

If the Texas Water Development Board requires that matching funds be provided as a condition for receiving a loan or grant from the Texas Water Development Board from research and planning funds, the matching funds may not be provided through a guarantee of matching funds by any individual who has a financial interest in the regional district or who will receive any direct financial benefit from a regional district project. (23308)

Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995. (23309)

Sec. 59.006. CONSENT OF CITY. (23310)(Text)

(a) Land in the corporate limits of a city or in the extraterritorial jurisdiction of a city may not be included in a district unless the city grants its written consent by resolution or ordinance to the inclusion of the land in the district. (23311)

(b) If the governing body of a city fails or refuses to grant permission for the inclusion of land in its extraterritorial jurisdiction in a district within 120 days after receipt of a written request, the person or entity desiring to create the district may petition the governing body of the city to make available the water, sewer, or drainage service contemplated to be provided by the district. (23312)

(c) Failure of the governing body of the city and the requesting district to execute a mutually agreeable contract providing for the service requested within six months after receipt of a request for consent constitutes authorization for the inclusion of land in the district under this section. Authorization for the inclusion of the land in the district under this section means only authorization to initiate proceedings to include the land in the district as otherwise provided by this chapter. (23313)

(d) Sections 54.016(e), (f), (g), and (h) apply under this chapter. (23314)

Added by Acts 1995, 74th Leg., ch. 715, Sec. 3, eff. Sept. 1, 1995. (23315)

Sec. 59.007. GRANTING OR REFUSING PETITION; EXCLUSION OF TERRITORY. (23316)(Text)

(a) If the commission finds after considering the petition that the petition conforms to the requirements of this chapter and that the creation of the district would be of benefit to the territory to be included in the district, the commission shall issue an order granting the petition for creation. If the commission finds that part of the territory included in the proposed district will not benefit from the creation of the district, the commission shall exclude that territory from the proposed district and redefine the proposed district's boundaries accordingly. (23317)

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