81C28(2) CAE

 

CHAPTER 8281.  EAST CEDAR CREEK FRESH WATER SUPPLY DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 8281.001.  DEFINITION ................................  1

Sec. 8281.002.  NATURE OF DISTRICT ........................  2

Sec. 8281.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE ....  2

Sec. 8281.004.  DISTRICT TERRITORY ........................  3

[Sections 8281.005-8281.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Sec. 8281.051.  COMPOSITION OF BOARD ......................  5

Sec. 8281.052.  VACANCIES .................................  5

[Sections 8281.053-8281.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Sec. 8281.101.  MUNICIPAL UTILITY DISTRICT POWERS .........  7

Sec. 8281.102.  WATER AND SEWER SYSTEMS ................... 10

Sec. 8281.103.  LIMITATION ON PROVIDING WATER TO

                  CERTAIN USERS ........................... 11

Sec. 8281.104.  AGRICULTURAL PRODUCTS ..................... 12

Sec. 8281.105.  VOTER APPROVAL OF TAXES REQUIRED .......... 12

CHAPTER 8281.  EAST CEDAR CREEK FRESH WATER SUPPLY DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS

Revised Law

Sec. 8281.001.  DEFINITION.  In this chapter, "district" means the East Cedar Creek Fresh Water Supply District.  (Acts 65th Leg., R.S., Ch. 696, Sec. 1 (part).)

Source Law

Sec. 1.  … [a … district] … to be known as the East Cedar Creek Fresh Water Supply District, hereinafter called the "district", … .

Revised Law

Sec. 8281.002.  NATURE OF DISTRICT.  The district is a conservation and reclamation district in Henderson County created under Section 59, Article XVI, Texas Constitution.  (Acts 65th Leg., R.S., Ch. 696, Sec. 1 (part).)

Source Law

Sec. 1.  Under and pursuant to the provisions of Article XVI, Section 59, of the Texas Constitution, a conservation and reclamation district is hereby created and established in Henderson County, Texas, … which shall be a governmental agency and a body politic and corporate.  …

Revisor's Note

(1)  Section 1, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, provides that the district "is hereby created and established."  The revised law omits "established" because the meaning of that word is included in the meaning of "created."

(2)  Section 1, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, refers to the district as "a governmental agency and a body politic and corporate."  The revised law omits the quoted language because it duplicates 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. 8281.003.  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 will benefit from the works and projects that are to be accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.

(c)  The creation of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  (Acts 65th Leg., R.S., Ch. 696, Secs. 1 (part), 4.)

Source Law

Sec. 1.  … The creation and establishment of the district is hereby declared to be essential to the accomplishment of the purposes of Article XVI, Section 59, of the Texas Constitution.

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

Revisor's Note

(1)  Section 1, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, states that the "creation and establishment" of the district are essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.  The revised law omits "establishment" because its meaning is included in the meaning of "creation."

(2)  Section 4, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, refers to land and other property included within the "area and boundaries of the district."  The revised law omits the reference to "area" because, in context, "area" is included in the meaning of "boundaries."

Revised Law

Sec. 8281.004.  DISTRICT TERRITORY.  (a)  The district is composed of the territory described by Section 2, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, as that territory may have been modified under:

(1)  Subchapter H, Chapter 54, Water Code;

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

(3)  other law.

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

(1)  the district's organization, existence, or 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 a bond;

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

(4)  the legality or operation of the district or its governing body.  (Acts 65th Leg., R.S., Ch. 696, Sec. 3; New.)

Source Law

Sec. 3.  It is determined and found that the boundaries and field notes of the district 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 type of bonds or refunding bonds for the purposes for which the district is created or to pay the principal and interest thereon, 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 district does not revise the statutory language describing the territory of the district to avoid the lengthy recitation of the 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 H, Chapter 54, Water Code, applicable to municipal utility districts, and 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 696, Acts of the 65th Legislature, Regular Session, 1977, states that a mistake in the description of the district boundaries does not affect the right of the district to issue "bonds or refunding bonds."  The revised law omits the reference to "refunding bonds" because refunding bonds are included in the meaning of "bonds."

(3)  Section 3, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, 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 8281.005-8281.050 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS

Revised Law

Sec. 8281.051.  COMPOSITION OF BOARD.  The board of directors of the district is composed of seven elected directors.  (Acts 65th Leg., R.S., Ch. 696, Sec. 7 (part).)

Source Law

Sec. 7.  … the board of directors of the district … successors in office shall be elected … .

Revisor's Note

Section 7, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, refers to "successors in office" to distinguish the succeeding directors from the initial directors named in Section 7.  The revised law substitutes "seven" for "successors" to conform to the number of directors listed in Section 7 (establishing the initial board).

Revised Law

Sec. 8281.052.  VACANCIES.  The Commissioners Court of Henderson County shall appoint directors to fill all vacancies on the board when the number of qualified directors is fewer than four.  (Acts 65th Leg., R.S., Ch. 696, Sec. 7 (part).)

Source Law

Sec. 7… . if at any time the number of qualified directors shall be less than four because of the failure or refusal of one or more directors to qualify or serve or because of his or their death or incapacitation, or for any other reason, the Commissioners Court of Henderson County shall appoint the necessary number of directors to fill all vacancies on the board… .

Revisor's Note

Section 7, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, refers to a vacancy in the office of director "because of the failure or refusal of one or more directors to qualify or serve or because of his or their death or incapacitation, or for any other reason."  The revised law omits the quoted language because it describes every manner in which a vacancy may occur without limiting in any way the duty to fill a vacancy.

Revisor's Note

(End of Subchapter)

(1)  Section 7, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, names the initial district directors and provides for the qualification of those directors and procedures for appointing initial directors if the named directors are unable to serve.  The section also sets out the terms for the initial directors. The revised law omits the provision as executed.  The omitted law reads:

Sec. 7.  Immediately after this Act becomes effective, the following named persons shall be the directors of the district and shall constitute [the board of directors of the district]: Roscoe Welch, William W. Turner, Fred Willis, Jerome T. David, David S. Leinbach, C. P. Ackles, and Dalton Bynum.

…  Should any of the above named directors fail to qualify for any reason, the remaining named directors shall appoint someone to fill such vacancy or vacancies; provided, however, that … .  The terms of office of the first four directors named shall end in 1979, and the terms of office of the last three directors named shall end in 1978; … .

(2)  Section 7, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, requires a director to take the constitutional oath of office.  The revised law omits the provision because it duplicates, in substance, Section 1, Article XVI, Texas Constitution.  The omitted law reads:

Sec. 7… . Such persons shall qualify to serve as directors by execution of the constitutional oath of office… .

(3)  Section 7, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, provides that directors serve a term of two years.  The revised law omits that provision because it was superseded by Section 49.103(a), Water Code, enacted in 1995, which stipulates four-year terms and applies to the district under Sections 49.103(e), 49.001, and 49.002, Water Code.  The omitted law reads:

Sec. 7… . thereafter, [successors in office shall be elected] for a term of two years.

[Sections 8281.053-8281.100 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES

Revised Law

Sec. 8281.101.  MUNICIPAL UTILITY DISTRICT POWERS.  The district has the rights, powers, privileges, and functions provided by general law applicable to a municipal utility district created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 54, Water Code.  (Acts 65th Leg., R.S., Ch. 696, Sec. 5 (part); New.)

Source Law

Sec. 5.  The district is hereby vested with and shall have and exercise all of the rights, powers, privileges, authority, and functions conferred and imposed by the general laws of this state now in force or hereafter enacted, applicable to municipal utility districts created under authority of Article XVI, Section 59, of the Texas Constitution, including without limitation those conferred by Chapter 54, Title 4, Water Code, with all amendments and additions thereto; but … .

Revisor's Note

(1)  Section 5, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, states that the district "is hereby vested with and shall have and exercise" certain powers.  The revised law substitutes "has" for the quoted language because, in context, the terms are synonymous and "has" is more commonly used.

(2)  Section 5, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, refers to the "rights, powers, privileges, [and] authority" of the district. The revised law omits the reference to "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

(3)  Section 5, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, states that the district has the rights, powers, privileges, authority, and functions conferred by the general laws of this state "now in force or hereafter enacted." The revised law omits the quoted language because it duplicates accepted general principles of statutory construction. The "general laws of this state" means those laws "in force" at the time the provision was adopted.  It is unnecessary to state that the district may be granted additional powers by later enacted laws because those laws apply on their own terms.

(4)  Section 5, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, grants the district certain powers, "including without limitation those conferred by Chapter 54, Title 4, Water Code." The revised law omits "without limitation" 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.

(5)  Section 5, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, refers to Chapter 54, Water Code, "with all amendments and additions thereto." The revised law omits the quoted language 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 provided otherwise.

(6)  Section 5, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, refers to Chapter 54, Water Code.  For the reader's convenience, the revised law adds a reference to Chapter 49, Water Code, because Chapter 715, Acts of the 74th Legislature, Regular Session, 1995, repealed many provisions of Chapter 54 and enacted similar provisions in Chapter 49, Water Code.

(7)  Section 5, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, provides that Chapter 696 prevails over general law in case of a conflict or other inconsistency and that all general laws not in conflict or inconsistent with the provisions of that chapter are adopted and incorporated by reference.  The revised law omits the portion of the provision relating to the chapter prevailing over general law because it duplicates in substance Section 311.026(b), Government Code (Code Construction Act).  The revised law omits the portion of the provision relating to adoption and incorporation of general laws because Section 5 of Chapter 696 (revised in part as this section) provides that those laws apply to the district, and it is unnecessary to repeat that authority by "adopt[ing] and incorporat[ing] by reference."  The omitted law reads:

Sec. 5… . if any provision of such general laws shall be in conflict or inconsistent with the provisions of this Act, the provisions of this Act shall prevail.  All such general laws not in conflict or inconsistent with the provisions of this Act are hereby adopted and incorporated by reference with the same effect as if copied in full in this Act… .

(8)  Section 5, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, refers to this state's continuing right of supervision of the district to be exercised by the Texas Water Rights Commission.  The revised law omits the provision because the Texas Commission on Environmental Quality is the successor to the Texas Water Rights Commission, and therefore the provision duplicates, in substance, part of Section 12.081(a), Water Code, which applies to the district.  The omitted law reads:

Sec. 5… . The rights, powers, privileges, authority, and functions herein granted to the district shall be subject to the continuing right of supervision of the State of Texas, to be exercised by and through the Texas Water Rights Commission.

Revised Law

Sec. 8281.102.  WATER AND SEWER SYSTEMS.  (a)  The district may acquire, and may improve or extend, any existing water or sewer system that serves all or part of the district territory or may construct a water or sewer system to serve the inhabitants of the county in which the district is located.

(b)  A contract to acquire an existing water or sewer facility may be made on terms approved by the contracting parties.  (Acts 65th Leg., R.S., Ch. 696, Sec. 6 (part).)

Source Law

Sec. 6.  The district shall have and is given the specific power and authority to acquire any existing water and sewer system, either or both, which serves all or part of the territory situated within its boundaries and the district may improve and extend such system or systems or the district may construct a water and sewer system, either or both, to serve the inhabitants of the county in which the area of the district is situated. … contracts for the acquisition of an existing water or sewer facility may be made on terms approved by the contracting parties.

…

Revisor's Note

(1)  Section 6, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, provides that the district "shall have and is given the specific power and authority to" acquire or construct a water or sewer system.  The revised law substitutes "may" for the quoted language because the phrases have the same meaning, and "may" is consistent with modern usage.  See, for example, Section 311.016(1), Government Code (Code Construction Act), which construes "may."

(2)  Section 6, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, states that district construction contracts are subject to competitive bids under laws applicable to municipal utility districts.  The revised law omits that provision because Subchapter I, Chapter 49, Water Code, contains the competitive bidding requirements applicable to municipal utility districts.  That subchapter applies to the district under Sections 49.001 and 49.002, Water Code.  Accordingly, district construction contracts are subject to the competitive bidding requirements applicable to municipal utility districts without an express statement to that effect.  The omitted law reads:

Sec. 6… . Construction contracts shall be subject to competitive bids (as provided by laws applicable to municipal utility districts), but … .

Revised Law

Sec. 8281.103.  LIMITATION ON PROVIDING WATER TO CERTAIN USERS.  Notwithstanding any other provision of this chapter, the district may not compete with the City of Mabank in providing water to household users unless the district receives permission from the Public Utility Commission of Texas, with the consent of that city.  (Acts 65th Leg., R.S., Ch. 696, Sec. 5A.)

Source Law

Sec. 5A.  Notwithstanding any other provisions of this Act, the district shall in no event furnish water to household users in competition with the city of Mabank unless the district receives permission to do so from the Public Utility Commission of Texas, with the consent of the city of Mabank.

Revised Law

Sec. 8281.104.  AGRICULTURAL PRODUCTS.  The district may produce agricultural products other than livestock on property the district owns or controls and may market those products.  (Acts 65th Leg., R.S., Ch. 696, Sec. 5B.)

Source Law

Sec. 5B.  The district may produce agricultural products other than livestock on property it owns or controls and may market those products.

Revised Law

Sec. 8281.105.  VOTER APPROVAL OF TAXES REQUIRED.  The district may not impose a tax unless the tax has been approved by the voters at an election called for that purpose.  (Acts 65th Leg., R.S., Ch. 696, Sec. 6 (part).)

Source Law

Sec. 6.  … The district shall have no power to levy taxes unless the same has been approved by the electorate at an election called for the purpose.

Revisor's Note

Section 6, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, allows the district to "levy" taxes approved by the district electorate.  The revised law substitutes "impose" for "levy" for the reason stated in Revisor's Note (3) to Section 8281.004.

Revisor's Note

(End of Chapter)

(1)  Section 8, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, contains legislative findings relating to the performance of certain requirements under Sections 59(d) and (e), Article XVI, Texas Constitution, and to the authority of the legislature to enact Chapter 696.  The revised law omits the provision as executed.  The omitted law reads:

Sec. 8.  The legislature specifically finds and declares that the requirements of Article XVI, Sections 59(d) and 59(e), of the Texas Constitution have been performed and accomplished in due course and time and order, and that the legislature has the power and authority to enact this Act.

(2)  Section 9, Chapter 696, Acts of the 65th Legislature, Regular Session, 1977, provides that the act is severable. The revised law omits that provision because it duplicates Section 311.032, Government Code (Code Construction Act), which provides that a provision of a statute is severable from each other provision of the statute that can be given effect.  The omitted law reads:

Sec. 9.  If any word, phrase, clause, paragraph, sentence, part, portion, or provision of this Act or the application thereof to any person or circumstances shall be held to be invalid or unconstitutional, the remainder of the Act shall nevertheless be valid; and the legislature hereby declares that this Act would have been enacted without such invalid or unconstitutional word, phrase, clause, paragraph, sentence, part, portion, or provision.