80C210(3) SMH

 

CHAPTER 6906.  CORYELL CITY WATER SUPPLY DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 6906.001.  DEFINITIONS.  In this chapter:

(1)  "Board" means the district's board of directors.

(2)  "Bond" means a bond or note.

(3)  "Director" means a member of the board.

(4)  "District" means the Coryell City Water Supply District.  (Acts 66th Leg., R.S., Ch. 435, Secs. 1 (part), 5(a) (part), 16(a) (part).)

Source Law

Sec. 1.  … to be known as the Coryell City Water Supply District, referred to as the district, … .

Sec. 5.  (a)  [The district shall be governed by a] board of directors, hereinafter called the board, [composed of 11 members,] entitled directors, … .

Sec. 16.  (a)  … bonds or notes, hereinafter called bonds.

Revised Law

Sec. 6906.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district in Coryell County created under Section 59, Article XVI, Texas Constitution.  (Acts 66th Leg., R.S., Ch. 435, Sec. 1 (part).)

Source Law

Sec. 1.  Pursuant to Article XVI, Section 59, of the Texas Constitution there is created a conservation and reclamation district in Coryell County, Texas, [to be known as the Coryell City Water Supply District,] … which shall be a governmental agency and a body politic and corporate.

Revisor's Note

Section 1, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to the district as "a governmental agency and a body politic and corporate."  The revised law omits the references to "governmental agency" and "body politic and corporate" because they duplicate a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and a body politic and corporate.

Revised Law

Sec. 6906.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.  (a)  The district is created to serve a public use and benefit.

(b)  All land and other property included in the boundaries of the district and other areas to be served by the district's works and projects will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.

(c)  The accomplishment of the purposes stated in this chapter is for the benefit of the people of this state for the improvement of their property and industries.  The district, in carrying out the purposes of this chapter, will be performing an essential public function under the constitution.  (Acts 66th Leg., R.S., Ch. 435, Secs. 4, 23 (part).)

Source Law

Sec. 4.  It is determined and found that all of the land and other property included within the area and boundaries of the district and other areas to be served by the district's works and projects will be benefited by the works and projects which are to be accomplished by the district pursuant to powers conferred by Article XVI, Section 59, of the Texas Constitution and that the district is created to serve a public use and benefit.

Sec. 23.  The accomplishment of the purposes stated in this Act is for the benefit of the people of this state for the improvements of their properties and industries, and the district, in carrying out the purposes of this Act, will be performing an essential public function under the constitution… .

Revisor's Note

Section 4, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to land and other property included within the "area and boundaries of the district."  The revised law omits "area" because, in context, "area" is included in the meaning of "boundaries."

Revised Law

Sec. 6906.004.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 2, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, as that territory may have been modified under:

(1)  Subchapter J, Chapter 49, Water Code; or

(2)  other law.

(b)  The boundaries and field notes of the district form a closure.  A mistake in the field notes or in copying the field notes in the legislative process does not affect:

(1)  the district's organization, existence, and validity;

(2)  the district's right to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on the bond;

(3)  the district's right to impose a tax; or

(4)  the legality or operation of the district or its governing body.  (Acts 66th Leg., R.S., Ch. 435, Sec. 3; New.)

Source Law

Sec. 3.  It is determined and found that the boundaries and field notes form a closure. If any mistake is made in copying the field notes in the legislative process or otherwise a mistake is made in the field notes, it shall in no way affect the organization, existence, and validity of the district, or the right of the district to issue any types of bonds or refunding bonds for the purpose for which the district is created, or to pay the principal of and interest on the bonds, or the right to assess, levy, and collect taxes, or in any other manner affect the legality or operation of the district or its governing body.

Revisor's Note

(1)  The revision of the law governing the Coryell City Water Supply District does not revise the statutory language describing the territory of the district to avoid the recitation of the lengthy description and because that description may not be accurate on the effective date of the revision or at the time of a later reading.  For the reader's convenience, the revised law includes references to the statutory description of the district's territory and to the authority to change the district's territory under Subchapter J, Chapter 49, Water Code, applicable to the district under Sections 49.001 and 49.002 of that chapter.  The revised law also includes a reference to the general authority of the legislature to enact a law to change the district's territory.

(2)  Section 3, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that a mistake in the description of the district boundaries does not affect the right of the district to issue "any types of bonds or refunding bonds."  The revised law omits the reference to "refunding bonds" because refunding bonds are included in the meaning of "any types of bonds."

(3)  Section 3, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to the district's authority to "assess, levy, and collect" taxes.  The revised law substitutes "impose" for "assess, levy, and collect" because "impose" is the term generally used in Title 1, Tax Code, and includes the assessment, levy, and collection of a tax.

[Sections 6906.005-6906.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 6906.051.  COMPOSITION OF BOARD; TERMS.  (a)  The district is governed by a board of 11 directors, each of whom occupies a numbered place on the board.

(b)  Directors serve staggered two-year terms, with the terms of the directors occupying Places 1, 2, 3, 4, and 5 expiring on April 1 of each even-numbered year and the terms of the directors occupying Places 6, 7, 8, 9, 10, and 11 expiring April 1 of each odd-numbered year.

(c)  In March of each year, the Commissioners Court of Coryell County shall appoint directors to succeed directors whose term of office will expire on April 1.  The appointed directors' terms begin on April 1 of that year.  (Acts 66th Leg., R.S., Ch. 435, Secs. 5(a) (part), (b) (part).)

Source Law

Sec. 5.  (a)  The district shall be governed by a board of directors, [hereinafter called the board,] composed of 11 members, [entitled directors,] who shall occupy places on the board to be designated as Places 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, respectively.

(b)  Immediately after this Act is effective, the Commissioners Court of Coryell County, Texas, shall appoint 11 directors, … to fill all of the places on the board. The first board shall draw for places, with Places 1, 2, 3, 4, and 5 having terms of office that expire on April 1, 1980, and with Places 6, 7, 8, 9, 10, and 11 having terms that expire on April 1, 1981. In March of 1980 and in March of each subsequent year, the Commissioners Court of Coryell County, Texas shall appoint the director … to succeed the director … whose term of office is about to expire.  Each regular director appointed to succeed an initial regular director shall be appointed to hold office for a term of two years, commencing on April 1 of the applicable year; … .

Revisor's Note

Section 5(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, requires the Commissioners Court of Coryell County, Texas, to appoint the initial directors "[i]mmediately after this Act is effective," requires the initial directors to draw for places on the board, specifies the terms of the initial directors occupying each place, and provides for the appointment of the directors whose terms begin on the expiration of the terms of the initial directors.  The revised law omits those provisions as executed.

Revised Law

Sec. 6906.052.  QUALIFICATIONS FOR OFFICE.  (a)  Directors must be appointed from areas in Coryell County as follows:

(1)  one each from the Oglesby-Mound area and Levita area;

(2)  two each from the Pancake area, Jonesboro area, and Turnersville area; and

(3)  three from the Coryell City area.

(b)  To be eligible to succeed a director whose term of office is about to expire, a person must be appointed from the same geographical area as the geographical area that the director represents.

(c)  Each director is eligible for reappointment.

(d)  To be eligible to be appointed or to serve as a director, a person must be a resident, qualified voter of the geographical area from which the person is appointed.

(e)  A director may not hold any other public office.  (Acts 66th Leg., R.S., Ch. 435, Secs. 5(b) (part), (c).)

Source Law

(b)  … the Commissioners Court of Coryell County, Texas, shall appoint 11 directors, one each from the Oglesby-Mound area and Levita area; two each from the Pancake area, Jonesboro area, and Turnersville area; three from the Coryell City area, all of the areas being within Coryell County, Texas, … . the Commissioners Court of Coryell County, Texas shall appoint the director from such geographical area to succeed the director representing that geographical area on the board, whose term of office is about to expire… .  Each director shall be eligible for reappointment… .

(c)  To be eligible to be appointed or to serve as a regular director, a person must be a resident, qualified elector of the State of Texas and of the geographical area from which he or she is appointed, and no director may hold any other public office.

Revisor's Note

Section 5(c), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to a "qualified elector."  The revised law substitutes "voter" for "elector" because the former is the term used in the Election Code.

Revised Law

Sec. 6906.053.  VACANCIES.  Any vacancy occurring on the board shall be filled for the unexpired term by appointment in the manner in which the vacating director was appointed.  (Acts 66th Leg., R.S., Ch. 435, Sec. 5(b) (part).)

Source Law

(b)  …  Any vacancy occurring on the board through death, resignation, or otherwise, shall be filled by appointment in the manner in which the vacating director was appointed, the appointee to hold office until the expiration of the term for which the vacating director was appointed.

Revisor's Note

Section 5(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to a vacancy occurring on the board "through death, resignation, or otherwise."  The revised law omits the quoted language because it describes every manner in which a vacancy may occur without limiting in any way the commissioners court's duty to fill a vacancy.

Revised Law

Sec. 6906.054.  REMOVAL FROM OFFICE.  After reasonable notice and a public hearing, the board may remove a director from office for misfeasance, malfeasance, or wilful neglect of duty.  Reasonable notice and a public hearing are not required if the notice and hearing are expressly waived in writing.  (Acts 66th Leg., R.S., Ch. 435, Sec. 5(d).)

Source Law

(d)  A director may be removed from office by the board for misfeasance, malfeasance, or for willful neglect of duty, but only after reasonable notice and public hearing, unless the notice and public hearing are expressly waived in writing.

Revised Law

Sec. 6906.055.  BOARD RESOLUTIONS; VOTING REQUIREMENTS.  (a)  The district shall act by resolutions adopted by the board.

(b)  All directors are entitled to vote.

(c)  The affirmative vote of a majority of the directors present is necessary to adopt a resolution.  (Acts 66th Leg., R.S., Ch. 435, Sec. 6(c).)

Source Law

(c)  A majority of the directors shall constitute a quorum, and all directors are entitled to vote. The district shall act and proceed by resolutions adopted by the board, and the affirmative vote of at least a majority of the directors present shall be necessary to adopt any resolution.

Revisor's Note

Section 6(c), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that a majority of the directors on the board constitutes a quorum.  The revised law omits that provision because it duplicates Section 49.053, Water Code, which provides that a majority of a board constitutes a quorum.  Throughout this chapter, the revised law omits law that is superseded by Chapter 49, Water Code, or that duplicates law contained in that chapter.  Chapter 49, Water Code, applies to the district under Sections 49.001 and 49.002 of that chapter.

Revised Law

Sec. 6906.056.  OFFICERS AND ASSISTANTS.  (a)  The board shall elect a president, vice president, secretary, and treasurer at the first meeting of the newly constituted board each year and at any time necessary to fill a vacancy.

(b)  The board shall elect the president and vice president from among the directors.

(c)  The offices of secretary and treasurer:

(1)  may be held by one person; and

(2)  are not required to be held by a director.

(d)  The board may appoint as assistant board secretary one or more persons who are not directors.  (Acts 66th Leg., R.S., Ch. 435, Secs. 6(b) (part), (d) (part).)

Source Law

(b)  The board shall elect one of the directors as president of the board, who shall serve for a term of one year and … .  The board shall elect another of the directors as vice-president of the board, … .  The board shall elect a secretary of the board, … .  The board shall elect a treasurer of the board, … .  The offices of secretary and treasurer may be held by one person, and the holder or holders of the office or offices need not be a director. The board may appoint one or more persons who are not directors to be assistant secretary of the board, … .

(d)  …  Thereafter, the officers of the board shall be elected annually at the first meeting of the newly constituted board each year, or at any time necessary to fill a vacancy.

Revisor's Note

Section 6(d), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides for the initial election of board officers.  The revised law omits that provision as executed.  The omitted law reads:

(d)  The president, the vice-president, the secretary, and the treasurer of the board shall be elected initially at the first meeting of the board after all directors have been appointed, taken the oath required by Article XVI, Section 1, of the Texas Constitution, and otherwise qualified for office… .

Revised Law

Sec. 6906.057.  DUTIES OF OFFICERS AND ASSISTANTS.  (a)  The board president shall preside at board meetings and perform other duties prescribed by the board.

(b)  The board treasurer shall perform duties and functions prescribed by the board.

(c)  The board secretary is the official custodian of the minutes, books, records, and seal of the board and shall perform other duties and functions prescribed by the board.  An assistant board secretary may perform any duty or function of the board secretary.  (Acts 66th Leg., R.S., Ch. 435, Sec. 6(b) (part).)

Source Law

(b)  [The board shall elect one of the directors as president of the board,] … who shall preside at meetings of the board and perform other duties prescribed by the board… .  [The board shall elect a secretary of the board,] who shall be the official custodian of the minutes, books, records, and seal of the board, and who shall perform other duties and functions prescribed by the board.  [The board shall elect a treasurer of the board,] who shall perform duties and functions prescribed by the board… .  [The board may appoint … assistant secretary of the board,] who may perform any duty or function of the secretary of the board.

Revised Law

Sec. 6906.058.  MEETINGS.  The board shall have regular meetings at times specified by board resolution and shall have special meetings when called by the board president or by any two directors.  (Acts 66th Leg., R.S., Ch. 435, Sec. 6(e).)

Source Law

(e)  The board shall have regular meetings at times specified by resolution of the board and shall have special meetings whenever called by the president, or whenever called by any two of the directors.

Revised Law

Sec. 6906.059.  PERSONAL LIABILITY OF DIRECTORS.  A director is not personally liable for any bond issued or contract executed by the district.  (Acts 66th Leg., R.S., Ch. 435, Sec. 6(f).)

Source Law

(f)  No director is liable personally for any bonds issued, or contracts executed, by the district.

Revisor's Note

(End of Subchapter)

(1)  Section 5(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that a director continues in office until the director's successor has been appointed and has qualified.  The revised law omits the provision because it duplicates Section 17, Article XVI, Texas Constitution, which provides that an officer in this state continues to perform the officer's official duties until a successor has qualified.  The omitted law reads:

(b)  … provided that a director shall continue in office until his or her successor has been appointed and has qualified, in the event the appointment and qualification has not occurred by the expiration of the term… .

(2)  Section 6(a), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that directors are entitled to compensation in accordance with Section 51.080, Water Code.  The revised law omits the provision because Section 51.080 was repealed by Section 40, Chapter 715, Acts of the 74th Legislature, Regular Session, 1995.  Section 2 of Chapter 715 enacted Section 49.060, Water Code, which governs compensation of directors and applies to the district by its own terms.  The omitted law reads:

Sec. 6.  (a)  The directors are entitled to compensation in accordance with Section 51.080, Water Code.

(3)  Section 6(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides the duties of the board vice president.  The revised law omits the provision because it duplicates Section 49.054, Water Code.  The omitted law reads:

(b)  … [The board shall elect another of the directors as vice-president of the board,] who shall perform the duties of the president when the president is not present or is otherwise incapacitated… .

[Sections 6906.060-6906.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 6906.101.  GENERAL POWERS.  The district has all powers necessary or appropriate to achieve the purposes of this chapter.  (Acts 66th Leg., R.S., Ch. 435, Sec. 9(a).)

Source Law

Sec. 9.  (a)  The district has all powers necessary or appropriate to carry out, achieve, and effectuate the purposes of this Act, including, without limitation, those powers provided in this section.

Revisor's Note

Section 9(a), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that the district has all powers necessary or appropriate to "carry out, achieve, and effectuate the purposes of this Act, including, without limitation, those powers provided in this section."  The revised law omits "carry out" and "effectuate" because those terms are included in the meaning of "achieve."  The revised law also omits the phrase "including, without limitation, those powers provided in this section" because those powers stand on their own terms.  Throughout this chapter, the phrase "without limitation" or similar language is omitted because Section 311.005(13), Government Code (Code Construction Act), provides that "includes" and "including" are terms of enlargement and not of limitation and do not create a presumption that components not expressed are excluded.

Revised Law

Sec. 6906.102.  GENERAL POWERS REGARDING WATER.  The district has all rights, powers, and privileges necessary or useful to enable it to acquire, provide, supply, deliver, and sell potable water for any beneficial purpose in its boundaries and vicinity and in Coryell and McLennan Counties.  (Acts 66th Leg., R.S., Ch. 435, Sec. 7.)

Source Law

Sec. 7.  The district has all rights, powers, privileges, and authority necessary or useful to enable it to acquire, provide, supply, deliver, and sell potable water within its boundaries and vicinity and within Coryell and McLennan Counties, Texas, for any beneficial purpose.

Revisor's Note

Section 7, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to the "powers" and "authority"  of the district.  Throughout this chapter, the revised law omits "authority" in this context because "authority" is included in the meaning of "powers."

Revised Law

Sec. 6906.103.  GENERAL POWERS REGARDING WASTE.  (a)  The district has all rights, powers, and privileges necessary or useful to enable it to collect, transport, dispose of, and control domestic, industrial, or communal wastes, whether in fluid, solid, or composite state, inside and outside its boundaries.

(b)  The district may exercise any power granted by Chapter 30, Water Code, to a district created under Section 59, Article XVI, Texas Constitution.  (Acts 66th Leg., R.S., Ch. 435, Secs. 8, 9(l).)

Source Law

Sec. 8.  The district has all rights, powers, privileges, and authority necessary or useful to enable it to collect, transport, dispose of, and control domestic, industrial, or communal wastes, whether in fluid, solid, or composite state, within and without its boundaries.

[Sec. 9]

(l)  The district may exercise all powers granted by Chapter 30, Water Code, to districts created under Article XVI, Section 59, of the Texas Constitution.

Revised Law

Sec. 6906.104.  DISTRICT BYLAWS AND RULES.  The district may adopt and enforce:

(1)  bylaws and rules for the conduct of its affairs; and

(2)  rules that a municipal utility district may adopt and enforce under Sections 54.205 et seq., Water Code.  (Acts 66th Leg., R.S., Ch. 435, Secs. 9(c) (part), (k).)

Source Law

(c)  The district … may adopt and enforce bylaws, rules, and regulations for the conduct of its affairs, not inconsistent with the provisions of this Act.

(k)  The district may adopt and enforce the reasonable rules and regulations as may be adopted and enforced by municipal utility districts under Sections 54.205 et seq. of the Water Code.

Revisor's Note

(1)  Section 9(c), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, states that the district may adopt and enforce bylaws and "rules and regulations" for the conduct of its affairs "not inconsistent with the provisions of this Act."  The revised law omits "regulations" because Section 311.005, Government Code (Code Construction Act), defines "rule" to include "regulation."  The revised law omits "not inconsistent with the provisions of this Act" because as a general principle of law the district has the authority to take only those actions that are consistent with the law revised in this chapter.

(2)  Section 9(k), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, states that the district may adopt and enforce "reasonable rules and regulations" as may be adopted and enforced by municipal utility districts under Sections 54.205 et seq., Water Code.  The revised law omits "reasonable" because the requirement that the rules be reasonable duplicates Section 54.205, Water Code.  The revised law omits "regulations" for the reason stated in Revisor's Note (1) to this section.

Revised Law

Sec. 6906.105.  PROPERTY ACQUISITION, USE, AND DISPOSITION.  (a)  The district may acquire, own, rent, lease, accept, hold, or dispose of property, or an interest in property, including a right or easement, by purchase, exchange, gift, assignment, condemnation, sale, lease, or otherwise, in performing district duties or exercising district powers under this chapter.

(b)  The district may hold, manage, operate, or improve property.

(c)  The district may lease or rent any land, building, structure, or facility from or to any person to achieve the purposes of this chapter.

(d)  The district may sell, assign, lease, encumber, mortgage, or otherwise dispose of property, or an interest in property, and release or relinquish a right, title, claim, lien, interest, easement, or demand, regardless of the manner in which acquired, and conduct a transaction authorized by this subsection by public or private sale, with or without public bidding, notwithstanding any other law.  (Acts 66th Leg., R.S., Ch. 435, Secs. 9(e), (f).)

Source Law

(e)  The district may acquire, own, rent, lease, accept, hold, or dispose of any property, or any interest in property, in performing its duties and exercising its powers under this Act, by purchase, exchange, gift, assignment, condemnation, sale, lease, or otherwise, including rights or easements, and may hold, manage, operate, or improve property.

(f)  The district may sell, assign, lease, encumber, mortgage, or otherwise dispose of any property, or any interest in property, and release or relinquish any right, title, claim, lien, interest, easement, or demand, however acquired, and may do any of the foregoing by public or private sale, with or without public bidding, notwithstanding the provisions of any other law, and may lease or rent any land, buildings, structures, or facilities from or to any person, firm, corporation, city, or other public agency or political subdivision to effectuate the purposes of this Act.

Revisor's Note

Section 9(f), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to any "person, firm, corporation, city, or other public agency or political subdivision."  Throughout this chapter, the revised law substitutes "person" for the quoted language or similar language because Section 311.005, Government Code (Code Construction Act), defines "person" to include any legal entity.

Revised Law

Sec. 6906.106.  REQUESTS FOR AND ACCEPTANCE OF AID.  The district may request and accept an appropriation, grant, allocation, subsidy, guarantee, aid, service, material, or gift from any public or private source, including the federal government, the state, a public agency, or a political subdivision.  (Acts 66th Leg., R.S., Ch. 435, Sec. 9(g).)

Source Law

(g)  The district may request and may accept any appropriations, grants, allocations, subsidies, guaranties, aid, contributions, services, labor, materials, gifts, or donations from the federal government, the state, any city, public agency, political subdivision, or any other public or private sources.

Revisor's Note

Section 9(g), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that the district may request and accept "appropriations, grants, allocations, subsidies, guaranties, aid, contributions, services, labor, materials, gifts, or donations" from any public or private source, including "any city … [or] political subdivision."  The revised law omits "contributions," "labor," and "donations" because the meaning of those terms is included in the meaning of "aid," "services," or "gifts."  The revised law also omits the reference to "city" because "city" is included in the meaning of "political subdivision."

Revised Law

Sec. 6906.107.  DISTRICT OFFICE.  The district may operate and maintain an office.  (Acts 66th Leg., R.S., Ch. 435, Sec. 9(h) (part).)

Source Law

(h)  The district may operate and maintain an office, and … .

Revised Law

Sec. 6906.108.  PERSONNEL.  The district may appoint and determine the duties, tenure, qualifications, and compensation of district officers and employees, as well as any agent, professional advisor, or counselor, including any financial consultant, accountant, attorney, architect, engineer, appraiser, or financing expert, considered necessary or advisable by the board.  (Acts 66th Leg., R.S., Ch. 435, Sec. 9(h) (part).)

Source Law

(h)  The district … may appoint and determine the duties, tenure, qualifications, and compensation of the officers, employees, agents, and professional advisors, and counsellors, including, without limitation, financial consultants, accountants, attorneys, architects, engineers, appraisers, and financing experts as are deemed necessary or advisable by the board.

Revised Law

Sec. 6906.109.  PERMITS.  (a)  The district may obtain through appropriate proceedings permits from the Texas Commission on Environmental Quality.

(b)  The district may acquire water appropriation permits from owners of permits by contract or otherwise.  (Acts 66th Leg., R.S., Ch. 435, Sec. 10 (part).)

Source Law

Sec. 10.  The district may obtain, through appropriate proceedings, permits from the Texas Water Commission. The district may acquire water appropriation permits from owners of permits through contract or otherwise.  …

Revisor's Note

Section 10, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to the "Texas Water Commission."  Throughout this chapter, the revised law substitutes "Texas Commission on Environmental Quality" for "Texas Water Commission" to reflect a change in the agency's name.  The name of the Texas Water Commission was changed to the Texas Natural Resource Conservation Commission by Section 1.085, Chapter 3, Acts of the 72nd Legislature, 1st Called Session, 1991.  The name of the Texas Natural Resource Conservation Commission was changed to the Texas Commission on Environmental Quality by Section 18.01, Chapter 965, Acts of the 77th Legislature, Regular Session, 2001.  The revised law is drafted accordingly.

Revised Law

Sec. 6906.110.  GENERAL CONTRACT POWERS.  (a)  The district may enter into and enforce a contract or agreement necessary or convenient to the exercise of the powers, rights, privileges, and functions conferred on the district by this chapter or the general law, including a contract or agreement with any person as the board considers necessary or proper for, or in connection with, any power or function of the district for:

(1)  the purchase or other acquisition, storage, transportation, distribution, delivery, or sale of water;

(2)  the collection, transportation, processing, or disposal of waste; or

(3)  the construction, acquisition, ownership, financing, operation, maintenance, sale, leasing to or from, or other use or disposition of any facilities authorized to be developed, acquired, or constructed under this chapter or the general law.

(b)  The authority to enter into or enforce the contract or agreement includes the authority to enter into or enforce a contract or agreement regarding:

(1)  any improvements, structures, facilities, equipment, and other property of any kind in connection with the subject of the contract or agreement;

(2)  any related land, leaseholds, and easements; and

(3)  any interests in the property.

(c)  The contract or agreement:

(1)  may not have a term of more than 40 years; and

(2)  may contain provisions the board determines to be in the best interest of the district.

(d)  The district may pledge all or part of its revenue to the payment of its obligations under the contract or agreement to the same extent and on the same conditions as it may pledge revenue to secure district bonds.  (Acts 66th Leg., R.S., Ch. 435, Sec. 11(a).)

Source Law

Sec. 11.  (a)  The district may enter into and enforce any and all contracts and agreements necessary or convenient to the exercise of the powers, rights, privileges, and functions conferred upon it by this Act or the general law for terms up to 40 years and with provisions the board may determine to be in the best interests of the district, including, without in any way limiting the generality of the foregoing, contracts and agreements with any person or persons wherever situated, including the State of Texas, the United States of America and any corporation or agency thereof, and districts, cities, towns, persons, organizations, associations, firms, corporations, entities, or others, as the board may deem necessary or proper for, or in connection with, any power or function of the district for the purchase or other acquisition, storage, transportation, distribution, delivery, or sale of water, for the collection, transportation, processing, or disposal of waste, or for the construction, acquisition, ownership, financing, operation, maintenance, sale, leasing to or from, or other use or disposition of any facilities authorized to be developed, acquired, or constructed under this Act or the general law, including any improvements, structures, facilities, equipment, and all other property of any kind in connection therewith, and any land, leaseholds, easements, and any interests in any of the foregoing. The district may pledge all or any portion of its revenues to the payment of its obligations under these contracts or agreements to the same extent and upon the same conditions as it may pledge revenues to secure the bonds that it may issue under this Act.

Revised Law

Sec. 6906.111.  AUTHORITY OF PUBLIC AGENCIES AND POLITICAL SUBDIVISIONS TO CONTRACT WITH DISTRICT.  (a)  A public agency or political subdivision of this state may enter into a contract or agreement with the district, on terms agreed to by the parties, for:

(1)  the purchase or sale of water;

(2)  waste collection, processing, or disposal; or

(3)  any purpose relating to the district's powers or functions.

(b)  Approval, notice, consent, or an election is not required in connection with a contract or agreement.  (Acts 66th Leg., R.S., Ch. 435, Sec. 11(b) (part).)

Source Law

(b)  All public agencies and political subdivisions of the State of Texas may enter into contracts and agreements with the district for the purchase or sale of water, for waste collection, processing, or disposal, or for any purpose relating to the district's powers or functions, upon terms and conditions to which the parties may agree. …  No approval, notice, or consent whatsoever, nor any election, is required in connection with any contract, agreement, [or conveyance].

Revisor's Note

Section 11(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that public agencies and political subdivisions may enter into certain contracts and agreements with the district on "terms and conditions" to which the parties agree.  Throughout this chapter, the revised law omits the reference to "conditions" because, in context, "conditions" is included in the meaning of "terms."

Revised Law

Sec. 6906.112.  ACQUISITION OF LAND; STORAGE CAPACITY.  (a)  The district may acquire land, or an interest in land, inside or outside the district for any work, plant, or other facility necessary or useful to divert, impound, store, drill for, pump, treat, or transport water for municipal, domestic, industrial, mining, oil flooding, or any other useful purpose.

(b)  The district may lease, purchase, or otherwise acquire rights in and to storage and storage capacity in any reservoir constructed or to be constructed by the United States or any other person.  (Acts 66th Leg., R.S., Ch. 435, Secs.  10 (part), 13 (part).)

Source Law

Sec. 10.  …  The district may lease, purchase, or otherwise acquire rights in and to storage and storage capacity in any reservoir constructed or to be constructed by any person, firm, corporation, public agency, political subdivision, the state, or the United States or any of its agencies.

Sec. 13.  The district may acquire land, or any interest in land, inside or outside the boundaries of the district for all works, plants, and other facilities necessary or useful for the purpose of diverting, impounding, storing, drilling, pumping, treating, and transporting water for municipal, domestic, industrial, mining, oil flooding, and all other useful purposes. …

Revisor's Note

Section 10, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to the United States "or any of its agencies."  The revised law omits the quoted language because Section 311.005, Government Code (Code Construction Act), defines the United States to include its agencies.

Revised Law

Sec. 6906.113.  CONSTRUCTION CONTRACTS.  (a)  The district may award a construction contract that requires an expenditure of more than $5,000 only after publication of notice to bidders once each week for two consecutive weeks in a newspaper of general circulation in the district.

(b)  The notice is sufficient if it states:

(1)  the time and place for opening the bids;

(2)  the general nature of the work to be done;

(3)  the material, equipment, or supplies to be purchased; and

(4)  where the terms of bidding and copies of the plans and specifications may be obtained.  (Acts 66th Leg., R.S., Ch. 435, Sec. 15.)

Source Law

Sec. 15.  Any construction contract requiring an expenditure of more than $5,000 shall be made after publication of a notice to bidders once each week for two consecutive weeks in a newspaper of general circulation in the district before awarding the contract. The notice shall be sufficient if it states the time and place when and where the bids will be opened, the general nature of the work to be done, and the material, equipment, or supplies to be purchased, and states where the terms and conditions of bidding and copies of the plans and specifications may be obtained

Revised Law

Sec. 6906.114.  CONVEYANCE OF LAND TO DISTRICT.  A public agency or political subdivision of this state may lease, sell, or otherwise convey to the district any of its land, improvements, property, plants, lines, or other facilities related to the supply of water or the collection, processing, or disposal of waste for any consideration that the parties agree is adequate.  Approval, notice, consent, or an election is not required in connection with a conveyance, contract, or agreement.  (Acts 66th Leg., R.S., Ch. 435, Sec. 11(b) (part).)

Source Law

(b)  [All public agencies and political subdivisions of the State of Texas] … .  Also, each entity may lease, sell, or otherwise convey to the district any of its land, improvements, property, plants, lines, or other facilities related to the supply of water or the collection, processing, or disposal of waste for any consideration agreed on between the parties to be adequate.  No approval, notice, or consent whatsoever, nor any election, is required in connection with any contract, agreement, or conveyance.

Revised Law

Sec. 6906.115.  DISPOSAL OF PROPERTY.  Subject to the terms of a resolution or deed of trust authorizing or securing bonds issued by the district, the district may sell, lease, rent, trade, or otherwise dispose of property under terms considered by the board to be consistent with district purposes.  (Acts 66th Leg., R.S., Ch. 435, Sec. 13 (part).)

Source Law

Sec. 13.  … Subject to the terms of any resolution or deed of trust authorizing or securing bonds issued by the district, the district may sell, lease, rent, trade, or otherwise dispose of any real or personal property under terms deemed by the board to be consistent with district purposes.

Revisor's Note

Section 13, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to "real or personal property."  The revised law omits the reference to "real or personal" because under Section 311.005, Government Code (Code Construction Act), "property" means "real and personal property."

Revised Law

Sec. 6906.116.  EMINENT DOMAIN.  (a)  To carry out a power provided by this chapter, the district may exercise the power of eminent domain to acquire the fee simple title to land, or any other interest in land, and other property and easements, inside or outside the district.

(b)  The district must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code, except that the district is not required to:

(1)  give bond for appeal or bond for costs in a condemnation or other suit to which it is a party; or

(2)  deposit double the amount of an award in a suit.

(c)  The district is a municipal corporation for the purposes of Chapter 21, Property Code.

(d)  The board shall determine the amount and the type of interest in land, other property, or easements to be acquired.  (Acts 66th Leg., R.S., Ch. 435, Sec. 14(a) (part).)

Source Law

Sec. 14.  (a)  For the purpose of carrying out any power or authority conferred by this Act, the district may acquire the fee simple title to land, or any other interest in land, and other property and easements, inside or outside the boundaries of the district, by condemnation, in the manner provided by Title 52, Revised Civil Statutes of Texas, 1925, as amended, relating to eminent domain, except that the district is not required to give bond for appeal or bond for costs in any condemnation suit or other suit of which it is a party and is not required to deposit double the amount of any award in any suit.  The district is declared to be a municipal corporation within the meaning of Title 52, Revised Civil Statutes of Texas, 1925, as amended.  The amount of and character of interest in land, other property, and easements to be acquired shall be determined by the board. …

Revisor's Note

(1)  Section 14(a), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that "the district may acquire [certain property] by condemnation."  The revised law substitutes for the quoted language "the district may exercise the power of eminent domain to acquire [certain property]" because the phrases have the same meaning and the latter is consistent with modern usage in laws relating to eminent domain.

(2)  Section 14(a), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to Title 52, Revised Civil Statutes of Texas, 1925, as amended.  That statute was codified as Chapter 21, Property Code.  The revised law is drafted accordingly.  The revised law omits the reference to "as amended" because under Section 311.027, Government Code (Code Construction Act), a reference to a statute applies to all reenactments, revisions, or amendments of that statute unless expressly provided otherwise.

(3)  Section 14(a), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that the district has the powers conferred by general law on certain districts regarding the right to enter land.  The revised law omits that provision because it duplicates Section 49.221, Water Code, which codified the referenced power.  The omitted law reads:

(a)  … The district shall have the same powers as are conferred by general law on municipal utility districts and on water control and improvement districts, with reference to entering land and making surveys and attending to other business of the district.

Revised Law

Sec. 6906.117.  COST OF RELOCATING OR ALTERING PROPERTY.  (a)  In this section, the term "sole expense" means the actual cost of the relocation, raising, lowering, rerouting, change in grade, or alteration of construction required under Subsection (b) to provide a comparable replacement without enhancing the facility, after deducting the net salvage value derived from the old facility.

(b)  If the district's exercise of its eminent domain, police, or other power requires relocating, raising, lowering, rerouting, changing the grade of, or altering the construction of any railroad, electric, transmission, telegraph, or telephone line, conduit, pole, property or facility, or pipeline, the action shall be accomplished at the sole expense of the district.  (Acts 66th Leg., R.S., Ch. 435, Sec. 14(c).)

Source Law

(c)  In the event the district, in the exercise of its power of eminent domain or police power, or any other power, requires the relocation, raising, lowering, rerouting, or change in grade or alteration in the construction of any railroad, electric, transmission, telegraph, or telephone lines, conduits, poles, properties, or facilities or pipelines, all this relocation, raising, lowering, rerouting, or changes in grade or alteration of construction shall be accomplished at the sole expense of the district. The term "sole expense" means the actual cost of the raising, lowering, rerouting, or change in grade or alteration of construction in providing comparable replacement without enhancement of the facilities, after deducting from the cost the net salvage value derived from the old facility.

Revised Law

Sec. 6906.118.  RIGHTS-OF-WAY; EASEMENTS.  The district has all necessary or useful right-of-way and easements along, over, under, and across all public, state, municipal, and county roads, highways, and places for any of its purposes.  The district shall restore a facility used to its previous condition as nearly as possible at the sole expense of the district.  (Acts 66th Leg., R.S., Ch. 435, Sec. 14(b).)

Source Law

(b)  The district is given and granted all necessary or useful rights-of-way and easements along, over, under, and across all public, state, city, and county roads, highways, and places for any of its purposes, but the district shall restore any facilities used to their previous condition as nearly as possible at the sole expense of the district.

Revisor's Note

Section 14(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to "city" roads, highways, and places.  The revised law substitutes the term "municipal" for "city" because "municipal" is the term used in the Local Government Code.

Revised Law

Sec. 6906.119.  SEAL.  The district may adopt an official seal.  (Acts 66th Leg., R.S., Ch. 435, Sec. 9(c) (part).)

Source Law

(c)  The district may adopt an official seal and alter it when deemed advisable and … .

Revisor's Note

Section 9(c), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that the district may adopt an official seal "and alter it when deemed advisable."  The revised law omits the quoted language because the authority to adopt a seal includes the authority to alter it.

Revisor's Note

(End of Subchapter)

(1)  Section 9(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that the district may "sue and be sued … in its own name."  The revised law omits that provision because it duplicates, in substance, part of Section 49.066, Water Code.  Section 9(b) also provides that the district may "plead and be impleaded."  The revised law omits that provision because if the district can sue or be sued, it must necessarily also be able to plead and be impleaded in a suit.  The omitted law reads:

(b)  The district may sue and be sued, and plead and be impleaded, in its own name.

(2)  Section 12, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that the rights, powers, privileges, authority, and functions granted to the district are subject to supervision by the state through the Texas Water Commission, subject to "this Act, and Chapter 50 of the Water Code."  The revised law omits the provision as unnecessary.  As explained by the revisor's note to Section 6906.109, the Texas Commission on Environmental Quality is the successor agency to the former Texas Water Commission, and therefore the provision duplicates Section 12.081, Water Code, which provides for state supervision of districts (such as this district) created under Section 59, Article XVI, Texas Constitution, and which applies to the district on its own terms.  The reference to Chapter 50, Water Code, is omitted because supervision of the district under that chapter is provided only under Section 50.107, which also applies on its own terms.  The omitted law reads:

Sec. 12.  The rights, powers, privileges, authority, and functions granted in this Act to the district shall be subject to the continuing right of supervision of the state, to be exercised by and through the Texas Water Commission, subject to the provisions of this Act, and Chapter 50 of the Water Code.

[Sections 6906.120-6906.150 reserved for expansion]

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

Revised Law

Sec. 6906.151.  DISTRICT MONEY.  The district may acquire, hold, use, and dispose of its receipts and money from any source.  (Acts 66th Leg., R.S., Ch. 435, Sec. 9(d) (part).)

Source Law

(d)  The district may acquire, hold, use, and dispose of its revenues, income, receipts, funds, and money from every source, and … .

Revisor's Note

Section 9(d), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to the district's power regarding its "revenues, income, … funds," and money.  The revised law omits the quoted language because the meaning of those terms is included in the meaning of "money."  Throughout this chapter, the revised law substitutes "money" for "funds" (except where a specific type of fund is indicated) because, in context, the meaning is the same and "money" is the more commonly used term.

Revised Law

Sec. 6906.152.  AUTHORITY TO BORROW MONEY AND ISSUE BONDS.  The district, in the manner and to the extent permitted by this chapter, may:

(1)  borrow money for any of its corporate purposes;

(2)  enter into agreements in connection with the borrowing;

(3)  issue its bonds for money borrowed;

(4)  provide for and secure the payment of its bonds; and

(5)  provide for the rights of the holders of its bonds.  (Acts 66th Leg., R.S., Ch. 435, Sec. 9(i).)

Source Law

(i)  The district may borrow money for any of its corporate purposes, may enter into agreements in connection with the borrowing, may issue its negotiable bonds or notes for money borrowed, may provide for and secure the payment of its bonds or notes, and may provide for the rights of the holders of its bonds or notes, in the manner and to the extent permitted by this Act.

Revisor's Note

Section 9(i), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, authorizes the district to issue "negotiable" bonds or notes.  The revised law omits "negotiable" because under Section 1201.041, Government Code, a public security is a negotiable instrument.  Section 1201.041, Government Code, applies to bonds or notes issued by the district by application of Section 1201.002, Government Code.

Revised Law

Sec. 6906.153.  DEPOSITORY.  (a) The board shall designate one or more banks or savings and loan associations inside or outside the district to serve as the depository for the district's money.

(b)  All of the district's money shall be deposited in the depository designated by the board, except that:

(1)  bond proceeds and money pledged to pay bonds, to the extent provided in a resolution or trust indenture authorizing or securing district bonds, may be deposited with another bank or trustee named in the bond resolution or trust indenture; and

(2)  money shall be remitted to each paying agent for the payment of principal of and interest on the bonds.

(c)  To the extent that money in a depository bank or trustee bank is not insured by the Federal Deposit Insurance Corporation, the money must be secured in the manner provided by law for the security of county funds in this state.  (Acts 66th Leg., R.S., Ch. 435, Secs. 9(d) (part), 21 (part).)

Source Law

[Sec. 9]

(d)  The district … may select its depository or depositories.

Sec. 21.  The board shall designate one or more banks or savings and loan associations inside or outside the district to serve as depository for the funds of the district. All funds of the district shall be deposited in the depository or depositories, except that bond proceeds and funds pledged to pay bonds may, to the extent provided in any resolution or trust indenture authorizing or securing bonds of the district, be deposited with any other bank or trustee named in the bond resolution or trust indenture, and except that funds shall be remitted to each paying agent for the payment of principal of and interest on the bonds. To the extent that funds in any depository bank and any trustee bank are not insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, they shall be secured in the manner provided by law for the security of funds of counties in the State of Texas… .

Revisor's Note

Section 21, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to the "Federal Savings and Loan Insurance Corporation."  The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (Pub. L. No. 101-73) abolished the Federal Savings and Loan Insurance Corporation and provided for the insurance of the deposits of savings and loan associations by the Federal Deposit Insurance Corporation.  The revised law is drafted accordingly.

Revised Law

Sec. 6906.154.  INVESTMENT OF DISTRICT MONEY.  The board may invest district money in obligations and make time deposits of district money in a manner determined by the board or in the manner permitted or required in a resolution or trust indenture authorizing or securing district bonds.  (Acts 66th Leg., R.S., Ch. 435, Sec. 21 (part).)

Source Law

Sec. 21.  … The board may invest district funds in obligations and make time deposits of district funds, in such manner as is determined by the board, or in the manner permitted or required in any resolution or trust indenture authorizing or securing bonds of the district.

Revised Law

Sec. 6906.155.  DISTRICT FACILITIES EXEMPT FROM TAXATION AND ASSESSMENT.  The district is not required to pay a tax or assessment on its facilities or any part of its facilities.  (Acts 66th Leg., R.S., Ch. 435, Sec. 23 (part).)

Source Law

Sec. 23.  … The district shall not be required to pay any tax or assessment on its facilities or any part of its facilities, and … .

Revisor's Note

(End of Subchapter)

Section 9(j), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, authorizes the district to set and "revise from time to time" the rates and fees that it charges to those who use district facilities or services.  The revised law omits the provision because it duplicates, in substance, Section 49.212, Water Code.  The quoted language is omitted because the authority to set the rates and fees includes the authority to revise them from time to time.  The omitted law reads:

(j)  The district may fix, revise from time to time, charge, and collect rates, fees, and charges for its facilities and services.

[Sections 6906.156-6906.200 reserved for expansion]

SUBCHAPTER E.  BONDS

Revised Law

Sec. 6906.201.  AUTHORITY TO ISSUE BONDS.  (a)  The district may issue bonds payable from and secured by district revenue to carry out any purpose or power conferred on the district by this chapter.  The bonds must be authorized by a board resolution.

(b)  The bonds must be issued in the manner and under the terms of the resolution authorizing the issuance of the bonds.  (Acts 66th Leg., R.S., Ch. 435, Secs. 16(a) (part), (b) (part), (c).)

Source Law

Sec. 16.  (a)  For the purpose of carrying out any one or more of the purposes, powers, or authorities conferred upon the district by this Act, the district may issue its negotiable bonds or notes payable from and secured by revenues of the district, in the manner and under the terms and conditions provided in the resolution authorizing the issuance of the bonds or notes, … .

(b)  The bonds shall be authorized by resolution of the board and … .

(c)  Bonds may be issued in more than one series and from time to time as required for carrying out the purposes of this Act.

Revisor's Note

(1)  Section 16(a), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, authorizes the district to issue "negotiable" bonds or notes.  The revised law omits "negotiable" for the reason stated in the revisor's note to Section 6906.152.

(2)  Section 16(c), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, states that bonds may be issued in "more than one series and from time to time."  The revised law omits "more than one series" because it duplicates a provision of Section 1201.022, Government Code, which applies to the revised law by application of Section 1201.002, Government Code.  The revised law omits "from time to time" as unnecessary because the power to issue bonds implies the power to do so at any time.

Revised Law

Sec. 6906.202.  FORM OF BONDS.  District bonds must be:

(1)  issued in the district's name;

(2)  signed by the president or vice president; and

(3)  attested by the secretary.  (Acts 66th Leg., R.S., Ch. 435, Sec. 16(b) (part).)

Source Law

(b)  The bonds … shall be issued in the name of the district, signed by the president or vice-president, attested by the secretary and … .

Revisor's Note

Section 16(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that district bonds must bear the seal of the district and authorizes facsimile "printed or lithographed" signatures and seals.  The revised law omits those provisions as unnecessary.  The requirement that the bonds bear the seal of the district was impliedly repealed by Section 3, Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil Statutes) (revised in relevant part in 1999 as Section 1201.026(a), Government Code), which provides that bonds may be signed with or without a seal.  The authorization for the use of printed or lithographed signatures duplicates Section 1201.026(a), Government Code, which also provides that bonds and interest coupons may be executed with manual or facsimile signatures.  The omitted law reads:

(b)  [The bonds] … shall bear the seal of the district. It is provided, however, that the signature of the president or the vice-president, or the secretary, or of both may be printed or lithographed on the bonds if authorized by the board and that the seal of the district may be impressed on the bonds or may be printed or lithographed on the bonds… .

Revised Law

Sec. 6906.203.  MATURITY.  District bonds must mature not later than 40 years after the date of their issuance.  (Acts 66th Leg., R.S., Ch. 435, Sec. 16(b) (part).)

Source Law

(b)  … The bonds shall mature serially or otherwise in not to exceed 40 years from their date and … .

Revisor's Note

Section 16(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that district bonds shall mature "serially or otherwise."  The revised law omits the quoted language because it duplicates Section 1201.022(a)(1), Government Code, applicable to the revised law by application of Section 1201.002, Government Code.

Revised Law

Sec. 6906.204.  BONDS SECURED BY REVENUE; ADDITIONAL BONDS.  (a)  District bonds may be secured by a pledge of all or part of the district's revenue, or by all or part of the payments or rentals under one or more contracts or leases specified by board resolution or a trust indenture securing the bonds.

(b)  A resolution authorizing the issuance of bonds secured by a pledge of revenue of all or part of the district's facilities may provide that the district shall first pay the expenses of operating and maintaining all or part of the facilities as the board considers appropriate before paying the principal of and interest on the bonds.

(c)  A resolution authorizing the issuance of bonds secured by revenue, contract payments, or lease rentals may reserve to the district the right, under conditions specified by the resolution, to issue additional bonds that will be on a parity with, superior to, or subordinate to the bonds then being issued.  (Acts 66th Leg., R.S., Ch. 435, Sec. 16(d).)

Source Law

(d)  The bonds may be secured by a pledge of all or any part of the revenues of the district, or by all or any part of payments or rentals under any one or more contracts or leases specified by resolution of the board or in any trust indenture securing the bonds.  A resolution authorizing the issuance of any bonds secured by a pledge of revenues of all or any part of the district's facilities may provide that the district shall first pay the expenses of operating and maintaining all or any part of the facilities as the board may deem appropriate prior to paying principal of and interest on the bonds.  In all of its resolutions authorizing the issuance of bonds secured by revenues, contract payments, or lease rentals, the district may reserve the right, under conditions specified in it, to issue additional bonds that will be on a parity with, superior to, or subordinate to the bonds then being issued.

Revised Law

Sec. 6906.205.  ADDITIONAL SECURITY.  (a)  District bonds may be additionally secured, at the discretion of the board, by a deed of trust or mortgage lien on all or part of the district's physical property, facilities, easements, franchises, water rights and appropriation permits, leases, contracts, and all rights appurtenant to the property, vesting in the trustee power to:

(1)  sell the property for the payment of the debt;

(2)  operate the property; and

(3)  take other action to further secure the bonds.

(b)  A purchaser under a sale under the deed of trust lien, if one is given:

(1)  is the absolute owner of the property, facilities, and rights purchased; and

(2)  is entitled to maintain and operate the property, facilities, and rights.  (Acts 66th Leg., R.S., Ch. 435, Sec. 18 (part).)

Source Law

Sec. 18.  Any bonds … authorized by this law, … .  The bonds, within the discretion of the board, may be additionally secured by a deed of trust or mortgage lien upon all or any portion of the district's physical property, facilities, easements, franchises, water rights and appropriation permits, leases, and contracts, and all rights and appropriation permits, leases, and contracts and all rights appurtenant to these properties, vesting in the trustee power to sell the properties for the payment of indebtedness, power to operate the properties, and all the other powers and authority for the further security of the bonds… .  Any purchaser, under a sale under the deed of trust lien where one is given, shall be the absolute owner of properties, facilities, and rights purchased and shall have the right to maintain and operate them.

Revised Law

Sec. 6906.206.  TRUST INDENTURE.  (a)  District bonds, including refunding bonds, may be additionally secured by a trust indenture.  The trustee may be a bank with trust powers located inside or outside the state.

(b)  A trust indenture, regardless of the existence of a deed of trust or mortgage lien on the property, may:

(1)  provide for the security of the bonds and the preservation of the trust estate in the manner prescribed by the board;

(2)  provide for amendment or modification of the trust indenture;

(3)  provide for the issuance of bonds to replace lost or mutilated bonds;

(4)  condition the right to spend district money or sell district property on the approval of a licensed engineer selected as provided by the trust indenture; and

(5)  provide for the investment of district money.  (Acts 66th Leg., R.S., Ch. 435, Sec. 18 (part).)

Source Law

Sec. 18.  Any bonds, including refunding bonds, authorized by this law, may be additionally secured by a trust indenture under which the trustee may be a bank having trust powers, situated either inside or outside of the state… .  The trust indenture, regardless of the existence of the deed of trust or mortgage lien on the properties, may contain any provisions prescribed by the board for the security of the bonds and the preservation of the trust estate, and may make provision for amendment or modification thereof and the issuance of bonds to replace lost or mutilated bonds, and may condition the right to expend district money or sell district property upon approval of a registered professional engineer selected as provided therein, and may make provision for the investment of funds of the district… .

Revisor's Note

Section 18, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to a "registered professional engineer."  The revised law substitutes "licensed engineer" for the quoted language because under Chapter 1001, Occupations Code, engineers are licensed, not registered.

Revised Law

Sec. 6906.207.  CHARGES FOR DISTRICT SERVICES.  If district bonds payable wholly from revenue are issued, the board shall set and revise the rates, fees, and charges assessed for water sold and waste collection and treatment services provided by the district.  The rates, fees, and charges must be sufficient to:

(1)  pay the expense of operating and maintaining the district facilities that generate the revenue from which the bonds will be paid;

(2)  pay the principal of and interest on the bonds when due; and

(3)  maintain the reserve fund and other funds as provided in the resolution authorizing the bonds.  (Acts 66th Leg., R.S., Ch. 435, Sec. 16(e) (part).)

Source Law

(e)  If bonds payable wholly from revenues are issued, the board shall fix, and from time to time revise, the rates, fees, and charges assessed for water sold and waste collection and treatment services rendered by the district which will be sufficient to pay the expense of operating and maintaining those facilities of the district that generate the revenues from which the district's bonds will be paid, to pay the principal of and interest on the bonds when due, and to maintain reserve and other funds as provided in the resolution authorizing the bonds… .

Revisor's Note

Section 16(e), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that the board shall fix and "from time to time" revise the rates, fees, and charges the district assesses for water sold and waste collection and treatment services provided by the district.  The revised law omits the quoted language because the duty to set the rates, fees, and charges includes the duty to revise them from time to time.

Revised Law

Sec. 6906.208.  STATE PLEDGE REGARDING RIGHTS AND REMEDIES OF BONDHOLDERS.  Without depriving this state of its power to regulate and control the rates, fees, and charges assessed for water sold and waste collection and treatment services provided by the district, the state pledges to and agrees with the holders of district bonds that the state will not exercise its power to regulate and control the rates, fees, and charges in any way that would impair the rights or remedies of the holders of the bonds.  (Acts 66th Leg., R.S., Ch. 435, Sec. 16(e) (part).)

Source Law

(e)  … Without in any way depriving the State of Texas of its power to regulate and control the rates, fees, and charges, the State of Texas pledges to and agrees with the holders of any bonds issued under this Act that the state will not exercise its power to regulate and control the rates, fees, and charges in any way that would impair the rights or remedies of the holders of the bonds.

Revised Law

Sec. 6906.209.  USE OF BOND PROCEEDS.  (a)  The district may set aside an amount of proceeds from the sale of district bonds for:

(1)  the payment of interest expected to accrue during construction not to exceed three years;

(2)  a debt service reserve fund; and

(3)  other funds as may be provided in the resolution authorizing the bonds or in the trust indenture.

(b)  The district may use proceeds from the sale of the bonds to pay any expense necessarily incurred in accomplishing the purpose of the district, including any expense of issuing and selling the bonds.  (Acts 66th Leg., R.S., Ch. 435, Sec. 16(f).)

Source Law

(f)  From the proceeds from the sale of the bonds, the district may set aside an amount for the payment of interest expected to accrue during construction not to exceed three years, a debt service reserve, and other funds as may be provided in the resolution authorizing the bonds or in the trust indenture. Proceeds from the sale of the bonds may also be used for the payment of all expenses necessarily incurred in accomplishing the purpose for which this district is created, including expenses of issuing and selling the bonds.

Revised Law

Sec. 6906.210.  APPOINTMENT OF RECEIVER.  (a)  On default or threatened default in the payment of the principal of or interest on district bonds that are payable wholly or partly from revenue, a court may, on petition of the holders of outstanding bonds, appoint a receiver for the district.

(b)  The receiver may collect and receive all district income, employ and discharge district agents and employees, take charge of money on hand, and manage the proprietary affairs of the district without consent or hindrance by the board.

(c)  The receiver may be authorized to sell or contract for the sale of water or the collection, processing, or disposal of waste or to renew contracts with the approval of the court that appointed the receiver.

(d)  The court may vest the receiver with any other power or duty the court finds necessary to protect the bondholders.  (Acts 66th Leg., R.S., Ch. 435, Sec. 16(g) (part).)

Source Law

(g)  In the event of a default or a threatened default in the payment of principal of or interest on bonds payable wholly or partially from revenues, any court of competent jurisdiction may, upon petition of the holders of outstanding bonds, appoint a receiver with authority to collect and receive all income of the district, employ and discharge agents and employees of the district, take charge of funds on hand, and manage the proprietary affairs of the district without consent or hindrance by the board.  The receiver may also be authorized to sell or make contracts for the sale of water and the collection, processing and disposal of waste and to renew contracts with the approval of the court appointing him.  The court may vest the receiver with other powers and duties as the court may find necessary for the protection of the holders of the bonds… .

Revisor's Note

Section 16(g), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to a court "of competent jurisdiction."  The revised law omits the quoted language because the general laws of civil jurisdiction determine which courts have jurisdiction over the matter.  For example, see Section 24.303, Government Code, for the jurisdiction of certain district courts to appoint receivers.

Revised Law

Sec. 6906.211.  REFUNDING BONDS.  (a) The district may issue refunding bonds to refund outstanding district bonds and interest on those bonds.

(b)  Refunding bonds may:

(1)  be issued to refund bonds of more than one series;

(2)  combine the pledges for the outstanding bonds for the security of the refunding bonds; or

(3)  be secured by a pledge of other or additional revenue or mortgage liens.

(c)  The provisions of this subchapter regarding the issuance of other bonds, their security, and the remedies of the holders apply to refunding bonds.

(d)  The comptroller shall register the refunding bonds on the surrender and cancellation of the bonds to be refunded.

(e)  Instead of issuing bonds to be registered on the surrender and cancellation of the bonds to be refunded, the district, in the resolution authorizing the issuance of the refunding bonds, may provide for the sale of the refunding bonds and the deposit of the proceeds in a bank at which the bonds to be refunded are payable.  In that case, the refunding bonds may be issued in an amount sufficient to pay the principal of and interest and any required redemption premium on the bonds to be refunded to any redemption date or to their maturity date, and the comptroller shall register the refunding bonds without the surrender and cancellation of the bonds to be refunded.

(f)  The district may also issue refunding bonds under any other applicable law.  (Acts 66th Leg., R.S., Ch. 435, Sec. 17.)

Source Law

Sec. 17.  The district is authorized to issue refunding bonds for the purpose of refunding any outstanding bonds authorized by this Act and interest on the bonds. The refunding bonds may be issued to refund more than one series of outstanding bonds and combine the pledges for the outstanding bonds for the security of the refunding bonds and may be secured by other or additional revenues and mortgage liens. The provisions of this Act with reference to the issuance by the district of other bonds, their security, and their approval by the attorney general and the remedies of the holders shall be applicable to refunding bonds. Refunding bonds shall be registered by the comptroller upon surrender and cancellation of the bonds to be refunded; but in lieu thereof, the resolution authorizing their issuance may provide that they shall be sold and the proceeds of the sale deposited in the bank where the original bonds are payable, in which case the refunding bonds may be issued in an amount sufficient to pay all principal coming due, all interest accruing, and any required redemption premium on the bonds being refunded to or through any date upon which they are subject to redemption prior to maturity, or through or at their maturity date or dates, respectively; and the comptroller shall register them without concurrent surrender and cancellation of the original bonds. Refunding bonds also may be issued by the district pursuant to any other applicable law.

Revisor's Note

Section 17, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, refers to the "approval by the attorney general" of refunding bonds.  The revised law omits the quoted language because it is superseded by Section 1202.003, Government Code, enacted in 1987 as Section 3.002(a), Chapter 53, Acts of the 70th Legislature, 2nd Called Session (Article 717k-8, Vernon's Texas Civil Statutes).  That section applies to district bonds by application of Section 1202.001, Government Code.

Revised Law

Sec. 6906.212.  OTHER REMEDIES AND COVENANTS.  The resolution authorizing the issuance of any district bonds, including refunding bonds, or the trust indenture securing the bonds, may provide other remedies and covenants the board considers necessary to issue the bonds on the most favorable terms.  (Acts 66th Leg., R.S., Ch. 435, Sec. 16(h).)

Source Law

(h)  The resolution authorizing the issuance of any bonds authorized under this Act, including refunding bonds, or the trust indenture securing the bonds, may also provide other remedies and contain covenants the board deems necessary to issue the bonds upon the most favorable terms.

Revised Law

Sec. 6906.213.  LIMITATION ON RIGHTS OF BONDHOLDERS.  The resolution authorizing the bonds or the trust indenture securing the bonds may limit or qualify the rights of the holders of less than all of the outstanding bonds payable from the same source to institute or prosecute litigation affecting the district's property or income.  (Acts 66th Leg., R.S., Ch. 435, Sec. 16(g) (part).)

Source Law

(g)  … The resolution authorizing the issuance of the bonds, or the trust indenture securing them, may limit or qualify the rights of the holders of less than all of the outstanding bonds payable from the same source to institute or prosecute litigation affecting the district's property or income.

Revised Law

Sec. 6906.214.  BONDS EXEMPT FROM TAXATION.  A district bond, the transfer of the bond, and the income from the bond, including profits made on the sale of the bond, are exempt from taxation in this state.  (Acts 66th Leg., R.S., Ch. 435, Sec. 23 (part).)

Source Law

Sec. 23.  … the bonds issued thereunder and their transfer and the income therefrom, including the profits made on the sale, shall at all times be free from taxation within this state.

Revisor's Note

(End of Subchapter)

(1)  Section 16(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that district bonds may be sold at a price and under terms that the board determines are the most advantageous reasonably obtainable.  The revised law omits that provision because it duplicates or is superseded by provisions of general law.  Section 1204.006(b), Government Code, provides that an issuer may sell public securities at any price.  That section reflects the 1981 amendment of Chapter 3, Acts of the 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes), now Chapter 1204, Government Code, by Section 1, Chapter 61, Acts of the 67th Legislature, Regular Session, 1981.  Section 1204.006(b) applies to district bonds by application of Section 1204.001, Government Code.  Section 1201.022, Government Code, as amended by Section 1, Chapter 769, Acts of the 77th Legislature, Regular Session, 2001, provides that an issuer may sell public securities "under the terms determined by the governing body of the issuer to be in the issuer's best interests."  Section 1201.022 applies to district bonds by application of Section 1201.002, Government Code.  The omitted law reads:

(b)  … [The bonds] … may be sold at a price and under terms determined by the board to be the most advantageous reasonably obtainable, … .

(2)  Section 16(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that district bonds may bear interest at a rate not to exceed 10 percent.  The revised law omits that provision because it is superseded by the enactment of the maximum interest rate provision found in Section 1204.006, Government Code.  That section reflects the 1981 amendment of Chapter 3, Acts of the 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes), now Chapter 1204, Government Code, by Section 1, Chapter 61, Acts of the 67th Legislature, Regular Session, 1981, and permits a public agency, including a water district, to issue public securities at any net effective interest rate of 15 percent or less.  Section 1204.006, Government Code, applies to district bonds by application of Section 1204.001, Government Code.  The omitted law reads:

(b)  … provided that the interest cost to the district, including the discount, if any, does not exceed 10 percent a year, and … .

(3)  Section 16(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that district bonds may be redeemed before maturity at the time and price specified in the bonds.  The revised law omits that provision because it duplicates Sections 1201.021 and 1201.022, Government Code, which provide that a public security may be redeemed before maturity and be payable in specified amounts and at specified times.  Those sections apply to district bonds by the application of Section 1201.002, Government Code.  The omitted law reads:

(b)  … within the discretion of the board may be made callable prior to maturity at times and prices prescribed in the bonds and … .

(4)  Section 16(b), Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that district bonds may be registered as to principal or as to principal and interest.  The revised law omits that provision because it duplicates Section 1201.024, Government Code.  That section applies to bonds issued by the district by the application of Section 1201.002, Government Code.  The omitted law reads:

(b)  … may be made registrable as to principal or as to both principal and interest.

(5)  Section 19, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, requires the district to secure approval from the Texas Water Commission before issuing bonds for improvements, as provided in Section 54.516, Water Code.  Chapter 715, Acts of the 74th Legislature, Regular Session, 1995, repealed Section 54.516, Water Code, and enacted Sections 49.181 and 49.182, Water Code, to govern the authority of the commission (now the Texas Commission on Environmental Quality, see the revisor's note to Section 6906.109) over the issuance of district bonds and supervision by the commission of projects and improvements, respectively.  A reference to Sections 49.181 and 49.182, Water Code, is unnecessary because those sections apply to the district under Sections 49.001 and 49.002, Water Code, without an express reference to those sections in this chapter.  The omitted law reads:

Sec. 19.  Before the district issues any bonds for improvements, it shall secure prior approval from the Texas Water Commission as provided in Section 54.516, Water Code.

(6)  Section 20, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, requires the district to deliver bonds it issues to the attorney general for examination and approval.  Section 20 also requires the attorney general to approve district bonds if the bonds were authorized in accordance with the constitution and laws of this state.  In addition, Section 20 provides that after approval, the bonds must be registered with the comptroller and that after approval and registration, the bonds are incontestable.  The revised law omits those provisions as superseded by Chapter 1202, Government Code (enacted as Article 3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session, 1987).  Section 1202.003(a), Government Code, requires bonds to be submitted to the attorney general.  Section 1202.003(b), Government Code, provides for approval of the bonds by the attorney general and requires the attorney general to submit the approved bonds to the comptroller for registration.  Section 1202.005, Government Code, requires registration of the bonds by the comptroller.  Section 1202.006, Government Code, provides that after approval and registration, the bonds are incontestable and binding obligations.  Chapter 1202, Government Code, applies to district bonds by application of Section 1202.001, Government Code.  The omitted law reads:

Sec. 20.  After any bonds, including refunding bonds, are authorized by the district, the bonds and the proceedings relating to their issuance shall be submitted to the attorney general for his examination as to their validity… .  If the attorney general finds that the bonds have been authorized and … in accordance with the constitution and laws of this state, he shall approve the bonds and … the bonds then shall be registered by the comptroller of public accounts.  Thereafter the bonds, and … are valid and binding obligations in accordance with their terms for all purposes and are incontestable in any court, or other forum, for any reason.

(7)  Section 20, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, details various procedures regarding approval of bond contracts and proceedings by the attorney general.  The revised law omits the portion of Section 20 regarding the validity and incontestability of a contract the proceeds of which are pledged to the payment of a bond as impliedly repealed by Section 1202.006, Government Code (enacted as Section 3.002(d), Chapter 53, Acts of the 70th Legislature, 2nd Called Session, 1987).  Section 1202.006, Government Code, provides that after approval and registration of the bond, the bond and contract are incontestable for any reason.  Section 1202.006 applies to district bonds by application of Section 1202.001, Government Code.  The omitted law reads:

Sec. 20.  … If the bonds recite that they are secured by a pledge of the revenues or proceeds of a contract previously made between the district and any city, or other public agency or political subdivision, or other entity, a copy of the contract and the proceedings of the city or other public agency or political subdivision, or other entity, authorizing the contract also shall be submitted to the attorney general.  [If the attorney general finds that] … the contracts have been made [in accordance with the constitution and laws of this state, he shall approve] … the contracts, and … .  [Thereafter] … the contracts, if any, [are valid and binding obligations in accordance with their terms for all purposes and are incontestable in any court, or other forum, for any reason.]

(8)  Section 22, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, lists the entities for which bonds issued by the district are legal and authorized investments.  Section 22 also provides that bonds issued by the district may secure deposits of public funds of the state or political subdivisions.  The revised law omits those provisions because they duplicate, in substance, Section 49.186, Water Code.  The omitted law reads:

Sec. 22.  All bonds of the district are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, and for the sinking fund of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Texas.  The bonds are eligible to secure the deposit of any and all public funds of the State of Texas, and any and all public funds of cities, towns, villages, counties, school districts, or other political corporations or subdivisions of the State of Texas, and the bonds are lawful and sufficient security for those deposits to the extent of their value, when accompanied by all unmatured coupons appurtenant thereto.

Revisor's Note

(End of Chapter)

(1)  Section 24, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides in part that the act is sufficient authority for the issuance of bonds, the execution of contracts and conveyances, and the performance of other authorized acts by the district and all other public agencies, without reference to any other law or any restrictions or limitations contained in another law, except as specifically provided by the act.

The revised law omits the statement that the act is sufficient authority for the performance of acts authorized by the act because it is unnecessary.  The operative provisions of the act are fully effective on their own terms.

The revised law omits the statement that other laws or restrictions or limitations contained in those laws do not apply because it is both unnecessary and potentially misleading.  An accepted general principle of statutory construction requires a statute to be given cumulative effect with other statutes unless it provides otherwise or unless the statutes are in conflict.  To the extent the statement means that the act prevails over other law in existence at the time the act became effective and with which the act conflicts, it merely restates general rules of statutory construction.  To the extent the statement means the act prevails over future enactments of the legislature that may conflict with it, it is misleading.  Section 311.026, Government Code, governs the interpretation of the revised law in instances of apparent conflict with other laws.

Finally, codification of the statement is potentially misleading because the revised law not only omits provisions of the act that are impliedly repealed by other law, it also omits provisions that are duplicative of other law.  Codification of the statement might create an impression that the provisions of other law that duplicate the omitted provisions do not apply.

Section 24 also provides that the district and all other public agencies and political subdivisions may use the provisions of other laws that do not conflict with the act to carry out any power granted by the act.  The revised law omits that provision as unnecessary.  The operative provisions of other applicable laws are fully effective on their own terms.  The omitted law reads:

Sec. 24.  This Act shall be wholly sufficient authority within itself for the issuance of the bonds, the execution of contracts and conveyances, and the performance of the other acts and procedures authorized in this Act by the district, and all other public agencies and political subdivisions, without reference to any other law or any restrictions or limitations contained therein, except as specifically provided in this Act. The district, and all other public agencies and political subdivisions, may use the provisions of any other laws, not in conflict with the provisions, to the extent convenient or necessary to carry out any power or authority, express or implied, granted by this Act.

(2)  Section 25, Chapter 435, Acts of the 66th Legislature, Regular Session, 1979, provides that the requirements of Sections 59(d) and (e), Article XVI, Texas Constitution (requiring public notice of the enactment of the statute and compliance with the general laws then in effect relating to consent by political subdivisions to the creation of the district and to the inclusion of land in the district), have been accomplished.  The revised law omits Section 25 as executed.  The omitted law reads:

Sec. 25.  It is determined and found that a proper and written notice of the intention to introduce this Act setting forth the general substance of this Act has been published at least 30 days and not more than 90 days prior to the introduction of this Act in the Legislature of Texas in a newspaper having a general circulation in the county in which the district is located; that a copy of such notice and a copy of this Act have been delivered to the governor of Texas who has submitted such notice and Act to the Texas Water Commission, and said Texas Water Commission has filed its recommendations as to this Act with the governor, lieutenant governor, and speaker of the house of representatives within 30 days from the date such notice and Act were received by the Texas Water Commission; and that all the requirements and provisions of Article XVI, Section 59d, of the Texas Constitution, have been fulfilled and accomplished as herein provided, and that any applicable requirements and provisions of Article XVI, Section 59e, of the Texas Constitution have been fulfilled and accomplished.