Texas Special District Local Laws Code Title 6, Chapter 9038 - Comal County Water Improvement District No. 1

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 9038.001 - Definitions
  In this chapter: (1) "Board" means the district's board of directors. (2) "Director" means a board member. (3) "District" means the Comal County Water Improvement...
• Texas Section 9038.002 - Nature Of District
  The district is a water control and improvement district created under Section 59, Article XVI, Texas Constitution. Added by Acts 2009, 81st Leg., R.S., Ch....
• Texas Section 9038.003 - Confirmation And Directors' Election Required
  The temporary directors shall hold an election to confirm the creation of the district and to elect five permanent directors as provided by Section 49.102,...
• Texas Section 9038.004 - Consent Of Municipality And Development Agreement Required
  (a) The temporary directors may not hold an election under Section 9038.003 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is...
• Texas Section 9038.005 - Findings Of Public Purpose And Benefit
  (a) The district is created to serve a public purpose and benefit. (b) The district is created to accomplish the purposes of: (1) a water...

SUBCHAPTER B BOARD OF DIRECTORS

• Texas Section 9038.006 - Initial District Territory
  (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter. (b) The boundaries and field notes...
• Texas Section 9038.051 - Governing Body; Terms
  (a) The district is governed by a board of five elected directors. (b) Except as provided by Section 9038.052, directors serve staggered four-year terms. Added...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 9038.052 - Temporary Directors
  (a) The temporary board consists of: (1) Donnie Shaw; (2) Bob Shemwell; (3) Joe Dawson; (4) Dick Nevitt; and (5) Robert Whitley. (b) Temporary directors...
• Texas Section 9038.101 - General Powers And Duties
  The district has the powers and duties necessary to accomplish the purposes for which the district is created. Added by Acts 2009, 81st Leg., R.S.,...
• Texas Section 9038.102 - Water Control And Improvement District Powers And Duties
  The district has the powers and duties provided by the general law of this state, including Chapters 49 and 51, Water Code, applicable to water...
• Texas Section 9038.103 - Authority For Road Projects
  Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state,...
• Texas Section 9038.104 - Road Standards And Requirements
  (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial...
• Texas Section 9038.105 - Water And Wastewater Infrastructure
  (a) The district may not construct a water or wastewater facility unless any municipality in whose corporate limits or extraterritorial jurisdiction the facility is located...
• Texas Section 9038.106 - Compliance With Municipal Consent Ordinance Or Resolution And Development Agreement
  (a) The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 42.042, Local Government Code, and that...
• Texas Section 9038.107 - Limitation On Use Of Eminent Domain
  The district may not exercise the power of eminent domain outside the district to acquire a site or easement for: (1) a road project authorized...
• Texas Section 9038.108 - 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...
• Texas Section 9038.109 - Limitation On Annexation Of Land By District
  The district or any new district created by the division of the district may not annex land outside the area described by Section 2 of...

SUBCHAPTER D GENERAL FINANCIAL PROVISIONS

• Texas Section 9038.110 - Municipal Annexation Adjacent To District
  For the purposes of Section 43.021(2), Local Government Code, or other law, including a municipal charter or ordinance relating to annexation, an area adjacent to...
• Texas Section 9038.151 - 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...
• Texas Section 9038.152 - Operation And Maintenance Tax
  (a) If authorized at an election held under Section 9038.151, the district may impose an operation and maintenance tax on taxable property in the district...

SUBCHAPTER E BONDS AND OTHER OBLIGATIONS

• Texas Section 9038.153 - 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...
• Texas Section 9038.201 - 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...
• Texas Section 9038.202 - 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...
• Texas Section 9038.203 - 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...

Last modified: September 28, 2016