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

Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011. (27064)

Sec. 68.404. ACTION ON FACILITY OWNER'S PETITION TO ADD TERRITORY AND FACILITIES. (27065)(Text)

The commissioners court may grant the petition. (27066)

Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011. (27067)

Sec. 68.405. MODIFICATION OF ORDER. (27068)(Text)

A commissioners court that adds territory under this subchapter shall modify the order that created the district under Section 68.107 to: (27069)

(1) modify the territory; (27070)

(2) add the facility; (27071)

(3) describe any security zones created or modified under this section, including the location of any facilities whose zone has changed; (27072)

(4) identify the security zone in which the added facility is located; and (27073)

(5) describe the portion, amount, and terms of payment of an assessment imposed by the board that is allocable to the facility. (27074)

Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011. (27075)

Sec. 68.406. PETITION BY BOARD TO EXCLUDE TERRITORY AND FACILITIES. (27076)(Text)

(a) On the request of a facility in the district or on its own motion, a board may petition the commissioners court of the county that created the district to exclude territory and included facilities from the district. The petition must include: (27077)

(1) a finding by the board that excluding the territory is practical, just, and reasonable; (27078)

(2) a description of the territory to be excluded; and (27079)

(3) a description of the total territory of the district after the exclusion of the territory. (27080)

(b) The petition may include recommendations to: (27081)

(1) modify one or more security zones or eliminate a security zone, provided that the district may not have fewer than four security zones; and (27082)

(2) modify assessments that the facility has not paid. (27083)

Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011. (27084)

Sec. 68.407. HEARING AND ACTION ON BOARD'S PETITION TO EXCLUDE TERRITORY AND FACILITIES. (27085)(Text)

(a) The commissioners court: (27086)

(1) shall publish notice and conduct a hearing on the petition under Sections 68.104 and 68.105; and (27087)

(2) may grant the petition if the commissioners court finds that exclusion of the territory that contains the facility is practical, just, and reasonable. (27088)

(b) A commissioners court that excludes territory under this section shall modify the order that created the district under Section 68.107 to: (27089)

(1) modify the territory; (27090)

(2) exclude the facility; (27091)

(3) describe any security zones modified or eliminated under this section, including the location of any facilities whose zone has changed; and (27092)

(4) modify unpaid assessments, as applicable. (27093)

Added by Acts 2011, 82nd Leg., R.S., Ch. 99 (S.B. 1104), Sec. 10, eff. May 20, 2011. (27094)

TITLE 5. SPECIAL LAW DISTRICTS (27095)(Text)

CHAPTER 152. RIVER AUTHORITIES ENGAGED IN DISTRIBUTION AND SALE OF ELECTRIC ENERGY (27096)(Text)

Sec. 152.001. APPLICABILITY. (27097)(Text)

(a) This chapter applies only to a river authority that, directly or through a corporation created under Section 152.051, is engaged in the distribution and sale of electric energy to the public. (27098)

(b) This chapter does not apply to any litigation instituted before May 28, 1981, that questions the legality of an act taken or a proceeding conducted by a river authority before that date. (27099)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 24, eff. Sept. 1, 1999. (27100)

Sec. 152.002. APPLICATION OF OTHER LAW. (27101)(Text)

(a) Unless this chapter expressly provides otherwise, a law that limits, restricts, or imposes an additional requirement on a matter authorized by this chapter does not apply to an action or proceeding under this chapter. (27102)

(b) Chapters 1202 and 1204, Government Code, apply to revenue bonds, notes, or other obligations issued under this chapter. (27103)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 26, eff. Sept. 1, 1999. (27104)

SUBCHAPTER B. NONPROFIT CORPORATION ACTING ON BEHALF OF RIVER AUTHORITY (27105)(Text)
Sec. 152.051. CREATION OF NONPROFIT CORPORATION. (27106)(Text)

(a) The board of directors of a river authority by order may create one or more nonprofit corporations to act on behalf of the river authority as its authority and instrumentality. (27107)

(b) The Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies to a corporation created under this section. (27108)

(c) Sections 501.052, 501.053, 501.056, 501.057(b) and (c), 501.058, 501.062, 501.063, 501.064, except as that section applies to amending a corporation's bylaws, 501.065, 501.066, 501.068-501.072, 501.401-501.406, and Subchapters G and H, Chapter 501, Local Government Code, apply to a corporation created under this section, except that in those sections: (27109)

(1) a reference to the Development Corporation Act (Subtitle C1, Title 12, Local Government Code) includes this chapter; and (27110)

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