Texas Special District Local Laws Code Title 6, Chapter 8504 - Lower Neches Valley Authority

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 8504.001 - Definitions
  In this chapter: (1) "Authority" means the Lower Neches Valley Authority. (2) "Basins" means the Neches River basin and the adjoining Neches-Trinity coastal basin. (3)...
• Texas Section 8504.002 - Creation And Nature Of Authority
  The authority is created as a conservation and reclamation district. The authority is an independent governmental agency and a body politic and corporate. Added by...
• Texas Section 8504.0021 - Application Of Sunset Act
  (a) The authority is subject to review under Chapter 325, Government Code (Texas Sunset Act), but may not be abolished under that chapter. The review...
• Texas Section 8504.003 - Territory
  Unless modified under Subchapter J, Chapter 49, Water Code, or other law, the authority's territory is composed of: (1) all of Jefferson, Hardin, and Tyler...

SUBCHAPTER B BOARD OF DIRECTORS; ADMINISTRATIVE PROVISIONS

• Texas Section 8504.004 - Liberal Construction Of Chapter
  This chapter shall be liberally construed to effect its purposes. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.04, eff. April...
• Texas Section 8504.051 - Membership Of Board
  (a) The board consists of nine directors appointed by the governor with the advice and consent of the senate. (b) Each director must be a...
• Texas Section 8504.052 - Terms
  Directors hold office for staggered terms of six years. Added by Acts 2013, 83rd Leg., R.S., Ch. 112 (S.B. 1026), Sec. 1.04, eff. April 1,
• Texas Section 8504.053 - Vacancy
  A vacancy on the board shall be filled for the unexpired term in the same manner as provided for an appointment for a full term....
• Texas Section 8504.054 - Oath And Bond Requirement For Directors
  (a) A director shall, within 15 days after the date of appointment, qualify by taking the constitutional oath of office and by filing a good...
• Texas Section 8504.055 - Compensation Of Directors
  (a) A director is entitled to receive a fee of office for each day of service approved by a vote of the board and necessary...
• Texas Section 8504.056 - Quorum; Voting Requirement
  (a) Five directors constitute a quorum at any meeting. (b) A concurrence of a majority of the directors present is sufficient in any matter pertaining...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 8504.057 - General Manager
  The board shall employ a general manager at the compensation set by a majority of the board. Added by Acts 2013, 83rd Leg., R.S., Ch....
• Texas Section 8504.101 - Powers Under Constitution And Other Law
  The authority has and is vested with the powers of a conservation and reclamation district under the constitution and other laws of this state, including...
• Texas Section 8504.102 - Powers To Accomplish Purposes For Which Created
  The authority has and may exercise the functions, powers, rights, and duties as may permit the authority to accomplish the purposes for which it is...
• Texas Section 8504.103 - General Powers Relating To Works And Water
  (a) The authority may construct, maintain, and operate in the basins, inside or outside the authority, any work considered essential: (1) to the operation of...
• Texas Section 8504.104 - Additional Powers Relating To Particular Purposes; Not A Limitation
  (a) For the conservation and beneficial use of the water of the basins, including storm water and floodwater, the authority may control and use the...
• Texas Section 8504.105 - Powers Relating To Purchase Or Construction Of Works Or Acquisition Of Property
  The authority may: (1) purchase or construct any work necessary or convenient for the exercise of the authority's powers under this chapter and to accomplish...
• Texas Section 8504.106 - Additional Powers Relating To Acquisition Or Operation Of Property
  (a) In this section, "property" includes: (1) rights, including water rights; and (2) land, tenements, easements, rights-of-way, improvements, reservoirs, dams, canals, laterals, plants, works, and...
• Texas Section 8504.107 - Powers Relating To Contract, Lease, Agreement, Or Conveyance
  (a) In this section, "property" includes land, rights, tenements, easements, improvements, reservoirs, dams, canals, laterals, plants, works, and facilities. (b) The authority may with any...
• Texas Section 8504.108 - Powers Relating To Recreational Facilities
  The authority may acquire land for recreational facilities and may construct, operate, and maintain recreational facilities as provided by general law, provided that money derived...
• Texas Section 8504.109 - Eminent Domain
  (a) The authority may exercise the power of eminent domain inside or outside the authority to acquire the fee simple title to, or an easement...

SUBCHAPTER D POWERS RELATING TO DEVERS CANAL SYSTEM AND ITS WATER RIGHTS AND ASSOCIATED PROPERTY

• Texas Section 8504.110 - State Supervision And Approval
  The powers and duties conferred on the authority by this chapter, and the adequacy of any plan for flood control or conservation improvement purposes devised...
• Texas Section 8504.151 - Definitions
  In this subchapter: (1) "Canal system" means the canal system and associated properties generally known as the Devers Canal System. (2) "Navigation district" means the...
• Texas Section 8504.152 - Powers Relating To Canal System
  The authority may: (1) acquire, own, operate, maintain, and improve the canal system; and (2) enlarge and extend the canal system east of the Trinity...
• Texas Section 8504.153 - Powers Relating To Water
  (a) The authority may own the water rights and appropriate and divert water of this state under the permits and contracts previously owned by and...

SUBCHAPTER E ECONOMIC DEVELOPMENT PROGRAMS

• Texas Section 8504.154 - Right Of First Refusal For Certain Water Contracts
  (a) This section applies only to a contract to sell or provide water: (1) that is for any use other than irrigation in Chambers County...
• Texas Section 8504.201 - Definition
  In this subchapter, "economic development program" includes a community assistance program, a privatization program, or any other program designed to: (1) encourage economic diversification; (2)...
• Texas Section 8504.202 - Legislative Findings
  The legislature finds that the economic development programs authorized by this subchapter are a specific public purpose and governmental function of the authority in accordance...
• Texas Section 8504.203 - Authority For Economic Development Program; Program Area
  The authority may, in the areas served by the authority, sponsor and participate in an economic development program intended to strengthen the economic base and...
• Texas Section 8504.204 - Establishment Of Program
  Each economic development program must be established by formal action of the board. The board shall: (1) establish the goals of the program; (2) impose...
• Texas Section 8504.205 - Participation In Program By Other Persons
  A program under this subchapter may involve grants or loans of money, services, or equipment to a person engaged in an economic development activity, including...
• Texas Section 8504.206 - Staffing And Funding Of Program
  (a) The authority may employ staff and spend authority resources to further an economic development program under this subchapter, except that the authority may not...
• Texas Section 8504.207 - Agreement
  The authority and any other public or private person may enter into an agreement with respect to an economic development program. Added by Acts 2013,...
• Texas Section 8504.208 - Guidelines For Assistance To Public Firefighting Organizations
  If the authority provides scholarships, grants, loans, or financial assistance to a public firefighting organization, the authority shall adopt guidelines to determine: (1) eligibility for...

SUBCHAPTER F GENERAL FINANCIAL PROVISIONS

• Texas Section 8504.209 - Board Determination Conclusive
  A determination by the board that a program is intended and expected to carry out the program's stated purposes is conclusive with respect to whether...
• Texas Section 8504.251 - Fees And Charges
  (a) The board shall prescribe fees and charges to be collected for the use of water, a water connection, or another service. (b) The fees...

SUBCHAPTER G OBLIGATIONS RELATING TO BORROWED MONEY

• Texas Section 8504.252 - Tax Or Special Assessment Not Authorized By Chapter
  This chapter does not authorize the authority to levy a tax or special assessment or to create any debt payable from taxes. Added by Acts...
• Texas Section 8504.301 - General Power To Borrow Money
  (a) The authority may: (1) borrow money for any corporate purpose from any source; and (2) issue a note, warrant, bond, certificate of indebtedness, or...
• Texas Section 8504.302 - Covenants For Marketability
  (a) As considered necessary to ensure the marketability of obligations issued under this chapter, a resolution or order authorizing issuance may contain covenants with the...
• Texas Section 8504.303 - Holder Of Obligation May Compel Performance
  (a) A holder of obligations issued under this chapter or of coupons originally attached to the obligations may enforce and compel the board's performance of...
• Texas Section 8504.304 - Holder Of Obligation Entitled To Administrator Or Receiver
  (a) If there is a default in the payment of the principal of or interest on an obligation issued under this chapter, any holder of...
• Texas Section 8504.305 - Additional Security For Obligation: Mortgage And Encumbrance
  (a) As additional security for the payment of an obligation issued under this chapter, the board may have executed in favor of the holder of...
• Texas Section 8504.306 - Sale Under Mortgage Or Encumbrance
  (a) Under a sale ordered under a mortgage or encumbrance described by Section 8504.305, a purchaser of the improvements, facilities, and other property at the...
• Texas Section 8504.307 - Insuring Improvements And Facilities
  (a) The board and the purchaser of an obligation issued under this chapter may enter into an agreement under which the board agrees to: (1)...
• Texas Section 8504.308 - Tax Exemption
  An obligation issued under this chapter is exempt from taxation by this state or by any political subdivision of this state. Added by Acts 2013,...

Last modified: September 28, 2016