Texas Special District Local Laws Code Title 6, Chapter 8104 - Baytown Area Water Authority

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 8104.001 - Definitions
  In this chapter: (1) "Authority" means the Baytown Area Water Authority. (2) "Board" means the authority's board of directors. Added by Acts 2005, 79th Leg.,...
• Texas Section 8104.002 - Nature Of Authority
  The Baytown Area Water Authority is a conservation and reclamation district in Harris County created under Section 59, Article XVI, Texas Constitution. Added by Acts...
• Texas Section 8104.003 - Finding Of Benefit And Public Purpose
  (a) The authority is created to serve a public use and benefit. (b) All land and other property included in the authority and land and...
• Texas Section 8104.004 - State Policy Regarding Waste Disposal
  The powers and functions conferred on the authority are subject to the state policy of encouraging the development and use of integrated area-wide waste collection,...
• Texas Section 8104.005 - Other Districts Required To Contract With Authority
  To encourage the policy provided by Section 8104.004 and to prevent wasteful duplication, each conservation and reclamation district that is created in the authority after...
• Texas Section 8104.006 - Relationship To Gulf Coast Waste Disposal Authority
  The rights, powers, privileges, and functions granted to the authority under this chapter are subject to the powers granted to the Gulf Coast Waste Disposal...
• Texas Section 8104.007 - Relationship To Other Districts
  This chapter does not prevent the organization of or a change in the boundaries of a conservation and reclamation district in the authority as authorized...

SUBCHAPTER B DISTRICT TERRITORY

• Texas Section 8104.008 - Rights, Powers, Privileges, And Functions Of Municipal Utility Districts
  The authority has all of the rights, powers, privileges, and functions provided by the general laws of this state applicable to municipal utility districts, including...
• Texas Section 8104.051 - District Territory
  (a) The authority is composed of the territory described by Section 4, Chapter 600, Acts of the 63rd Legislature, Regular Session, 1973, as that territory...
• Texas Section 8104.052 - Annexation Of Territory; Bonds
  (a) Land may be added or annexed to the authority under Subchapter J, Chapter 49, and Subchapter H, Chapter 54, Water Code: (1) without the...

SUBCHAPTER C BOARD OF DIRECTORS

• Texas Section 8104.053 - Exclusion Of Territory; Hearing
  (a) The board is not required to call or hold a hearing on the exclusion of land or other property from the authority. (b) The...
• Texas Section 8104.101 - Composition
  The authority is governed by a board of five directors appointed by the Baytown City Council. Added by Acts 2005, 79th Leg., Ch. 729 (H.B....
• Texas Section 8104.102 - Eligibility To Serve
  (a) One director must reside outside the city limits of the city of Baytown but in the authority's boundaries. (b) A person serving as a...
• Texas Section 8104.103 - Terms
  Directors serve staggered terms of two years with the terms of the directors serving Positions 1 and 2 expiring September 1 of each even-numbered year...
• Texas Section 8104.104 - Vacancies
  The Baytown City Council shall fill any vacancy occurring on the board by appointing a director for the unexpired term. Added by Acts 2005, 79th...
• Texas Section 8104.105 - Officers
  (a) The board shall elect a president, vice president, secretary, and any other officers the board considers necessary at the board's first meeting: (1) in...
• Texas Section 8104.106 - Director's Bond
  (a) A director shall execute a bond for $5,000 conditioned on the faithful performance of the director's duties. (b) The bond must be recorded in...
• Texas Section 8104.107 - Voting Requirement
  The concurrence of a majority of the directors who are present and voting at a board meeting is sufficient for matters relating to the authority's...

SUBCHAPTER D OTHER ADMINISTRATIVE PROVISIONS

• Texas Section 8104.108 - Signature For Board Actions
  An order adopted or other action taken at a board meeting at which the president is absent may be signed by: (1) the vice president;...
• Texas Section 8104.151 - General Manager
  (a) The city manager of the City of Baytown is the authority's general manager. (b) If the position of city manager is abolished, the chief...
• Texas Section 8104.152 - Powers And Duties Of General Manager
  (a) The general manager is the authority's chief executive officer. (b) The general manager, under policies established by the board, shall: (1) administer the board's...
• Texas Section 8104.153 - Bond Of General Manager And Certain Employees
  (a) The general manager and each employee of the authority charged with the collection, custody, or payment of the authority's money shall execute a fidelity...

SUBCHAPTER E POWERS AND DUTIES

• Texas Section 8104.154 - Contract With City Of Baytown For Administrative Functions
  (a) In this section, "administrative functions" has the meaning assigned by Section 791.003, Government Code. (b) The authority shall offer to enter into an interlocal...
• Texas Section 8104.201 - Water Supply And Distribution
  The authority may: (1) acquire surface water or groundwater supplies from sources in or outside of the authority; and (2) conserve, store, transport, treat, purify,...
• Texas Section 8104.202 - Facilities For Water Transportation And Distribution
  (a) The authority may construct, maintain, and operate a canal, lateral, ditch, levee, pipeline, or other facility to transport and distribute water, together with a...
• Texas Section 8104.203 - Waste Services
  The authority may collect and transport the domestic, industrial, or communal waste of an entity described by Section 8104.201(2), for the purposes provided by Chapter...
• Texas Section 8104.204 - Contracts
  (a) The authority may: (1) contract with a public or private corporation, a political subdivision of this state, including the City of Baytown, or any...
• Texas Section 8104.205 - Consent Required For Waste Treatment And Disposal Facilities
  Before acquiring or constructing a waste treatment or disposal facility, the authority must obtain the consent of the: (1) Gulf Coast Waste Disposal Authority; or...
• Texas Section 8104.206 - Acquisition Of Water Rights Not Prevented
  This chapter does not prevent the authority from acquiring water rights under any law or permit if the acquisition is approved by order or later...
• Texas Section 8104.207 - Election Not Required To Approve Contracts
  The authority is not required to hold an election to approve a contract with a political subdivision for services described by this chapter. Added by...

SUBCHAPTER F GENERAL FINANCIAL PROVISIONS

• Texas Section 8104.208 - Cost Of Relocating Property
  (a) In this section, "sole expense" means the actual cost of relocating, raising, lowering, rerouting, changing the grade of, or altering the construction of a...
• Texas Section 8104.251 - Fiscal Year
  The authority's fiscal year is from October 1 to September 30, unless the board changes the fiscal year. Added by Acts 2005, 79th Leg., Ch....
• Texas Section 8104.252 - Authority Depository
  (a) With the prior approval of the Baytown City Council, the board shall select one or more banks in this state to act as depository...
• Texas Section 8104.253 - Investment Authority
  The authority may invest: (1) money held in any sinking fund, reserve fund, or other fund; or (2) money not required for immediate use or...
• Texas Section 8104.254 - Rents, Rates, Fees, And Charges
  (a) The authority may: (1) set, charge, alter, and collect a reasonable rent, rate, fee, or other charge for the use of a facility or...
• Texas Section 8104.255 - Grants And Assistance
  The authority may: (1) apply for, accept, and administer a grant, loan, or other assistance from the United States, this state, or another state to...

SUBCHAPTER G BONDS AND NOTES

• Texas Section 8104.256 - Property Tax Prohibition
  The authority may not: (1) impose a tax on real, personal, or mixed property; or (2) issue a bond or create debt payable directly from...
• Texas Section 8104.301 - Borrowing Through Bonds Or Notes
  (a) After the action is approved by the Baytown City Council, the authority may borrow money to carry out any power granted to the authority...
• Texas Section 8104.302 - Refunding Bonds
  (a) After the action is approved by the Baytown City Council, the board by resolution may authorize the issuance of refunding bonds or notes to...
• Texas Section 8104.303 - Form Of Bonds; Liability
  (a) Bonds or notes, including a coupon attached to a bond or note, issued under this chapter shall: (1) be signed by the board's president...
• Texas Section 8104.304 - Maturity
  Bonds or notes issued under this chapter must mature within 40 years. Added by Acts 2005, 79th Leg., Ch. 729 (H.B. 2019), Sec. 1.06, eff....
• Texas Section 8104.305 - Resolution And Trust Indenture Provisions
  (a) A board resolution authorizing bonds or notes or a trust indenture securing bonds or notes may contain provisions that: (1) to secure the payment...
• Texas Section 8104.306 - Security For Bonds Or Notes
  (a) Bonds or notes of the authority and the interest on the bonds or notes may be secured by and payable only from the sources...
• Texas Section 8104.307 - Trust Indenture
  (a) Bonds or notes, including refunding bonds, authorized by this chapter may be additionally secured by a trust indenture under which the trustee may be...
• Texas Section 8104.308 - Additional Security
  At the discretion of the authority and the Baytown City Council, bonds or notes issued under this chapter may be secured additionally by a mortgage...
• Texas Section 8104.309 - Review And Approval Of Contracts Relating To Bonds Or Notes
  (a) If bonds or notes issued under this chapter state that the bonds or notes are secured by a pledge of the revenues and receipts...
• Texas Section 8104.310 - Bonds And Notes Exempt From Taxation
  A bond or note issued under this chapter, the interest on the bond or note, and the profit from the sale of the bond or...
• Texas Section 8104.311 - Bond Or Note Sale Proceeds
  Proceeds from the sale of bonds or notes issued by the authority shall be: (1) deposited in a depository bank; and (2) paid out under...
• Texas Section 8104.312 - Investment Of Funds And Use Of Proceeds
  (a) The authority may direct the investment of money in the funds created by the resolution authorizing bonds or notes or by a trust indenture...
• Texas Section 8104.313 - Appointment Of Receiver
  (a) The resolution authorizing the issuance of the bonds or notes, or the trust indenture or other instrument securing the bonds or notes, may provide...
• Texas Section 8104.314 - Enforcement
  The following may be enforced in a court by mandamus or other appropriate proceeding: (1) payment of bonds or notes according to the term and...
• Texas Section 8104.315 - State Pledge Regarding Rights And Remedies Of Bond Or Note Holders
  (a) The state pledges to and agrees with the holders of bonds or notes issued under this chapter that the state will not limit or...
• Texas Section 8104.316 - Limitation On Right Of Bond Or Note Holders
  The purchasers and holders of any bonds or notes may not demand payment from revenues, receipts, or assets of the authority except those pledged to...

Last modified: September 28, 2016