2005 Texas Special Districts Code CHAPTER 7204. ROSE HILL SPECIAL UTILITY DISTRICT

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 7204. ROSE HILL SPECIAL UTILITY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS


	§ 7204.001. DEFINITION.  In this chapter, "district" 
means the Rose Hill Special Utility District.

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.


	§ 7204.002. NATURE OF DISTRICT.  The district is a 
special utility district in Kaufman County created under and 
essential to accomplish the purposes of Section 59, Article XVI, 
Texas Constitution.

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.


	§ 7204.003. CONFIRMATION ELECTION REQUIRED.  If the 
creation of the district is not confirmed at a confirmation and 
initial directors' election held before September 1, 2007:
		(1)  the district is dissolved on September 1, 2007, 
except that:           
			(A)  any debts of the district incurred shall be 
paid;                     
			(B)  any assets of the district that remain after 
the payment of debts shall be transferred to Kaufman County;  and
			(C)  the organization of the district shall be 
maintained until all debts are paid and remaining assets are 
transferred;  and
		(2)  this chapter expires September 1, 2010.                                  

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.


	§ 7204.004. APPLICABILITY OF OTHER SPECIAL UTILITY 
DISTRICT LAW.   Except as otherwise provided by this chapter, 
Chapters 49 and 65, Water Code, apply to the district.

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.


	§ 7204.005. INITIAL DISTRICT TERRITORY.  (a) The district 
is initially composed of the territory described by Section 4.02  of 
the Act creating this chapter.
	(b)  The boundaries and field notes contained in Section 4.02  
of the Act creating this chapter form a closure.  A mistake made in 
the field notes or in copying the field notes in the legislative 
process does not affect:
		(1)  the organization, existence, or validity of the 
district;              
		(2)  the right of the district to issue any type of 
bond, including a refunding bond, for a purpose for which the 
district is created or to pay the principal of and interest on a 
bond;  or
		(3)  the legality or operation of the district or the 
board of directors of the district.

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.

SUBCHAPTER A-1. TEMPORARY PROVISIONS


	§ 7204.021. TEMPORARY DIRECTORS.                                            

Text of section effective until September 1, 2010
	(a)  The temporary board of directors of the district is 
composed of:        
		(1)  Stephen Hilborn;                                                         
		(2)  Bill Hobbs;                                                              
		(3)  Homer Norville;                                                          
		(4)  Randy Reznicek;  and                                                     
		(5)  Harold Ross.                                                             
	(b)  Each temporary director shall qualify for office as 
provided by Section 49.055, Water Code.
	(c)  If a temporary director fails to qualify for office, the 
temporary directors who have qualified shall appoint a person to 
fill the vacancy.  If at any time there are fewer than three 
qualified temporary directors, the Texas Commission on 
Environmental Quality shall appoint the necessary number of 
directors to fill all vacancies on the board.
	(d)  Temporary directors serve until initial directors are 
elected under Section 7204.022.

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.


	§ 7204.022. CONFIRMATION AND INITIAL DIRECTORS' 
ELECTION.                 

Text of section effective until September 1, 2010
	(a)  The temporary directors shall hold an election to 
confirm the creation of the district and to elect five initial 
directors in accordance with Chapters 49 and 65, Water Code, on or 
before September 1, 2007.
	(b)  The temporary board of directors shall determine the 
method for determining the initial term of each person on the 
initial board of directors.  The terms must be clearly stated on the 
ballot for the confirmation and directors' election.
	(c)  Section 41.001(a), Election Code, does not apply to a 
confirmation election held as provided by this section.
	(d)  Initial directors serve until the first regularly 
scheduled election of directors under Subchapter C, Chapter 65, 
Water Code.

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.


	§ 7204.023. TRANSFER OF ASSETS;  DISSOLUTION.                               

Text of section effective until September 1, 2010
	(a)  If the district's creation is confirmed under Section 
7204.022, the Rose Hill Water Supply Corporation shall transfer the 
assets, debts, and contractual rights and obligations of the 
corporation to the district.
	(b)  Not later than the 30th day after the date of the 
transfer under Subsection (a), the board of directors of the Rose 
Hill Water Supply Corporation shall commence dissolution 
proceedings of the corporation.
	(c)  On dissolution of the Rose Hill Water Supply 
Corporation, Certificate of Convenience and Necessity No. 10849 is 
considered to be held by the district.
	(d)  The board of directors of the Rose Hill Water Supply 
Corporation shall notify the Texas Commission on Environmental 
Quality of the dissolution of the corporation and of the transfer of 
Certificate of Convenience and Necessity No. 10849 to the district.
	(e)  On receipt of notice under Subsection (d), the Texas 
Commission on Environmental Quality shall note in its records that 
Certificate of Convenience and Necessity No. 10849 is held by the 
district and shall reissue the certificate in the name of the 
district without further application or notice.

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.


	§ 7204.024. EXPIRATION OF SUBCHAPTER.                                       

Text of section effective until September 1, 2010
	This subchapter expires September 1, 2010.                                     

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 7204.051. DIRECTORS.  The district is governed by a 
board of not fewer than five and not more than 11 directors.

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.

SUBCHAPTER C. POWERS AND DUTIES


	§ 7204.101. GENERAL POWERS.  Except as otherwise provided 
by this subchapter, the district has all of the rights, powers, 
privileges, authority, functions, and duties provided by the 
general law of this state, including Chapters 49 and 65, Water Code, 
applicable to special utility districts created under Section 59, 
Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.


	§ 7204.102. WATER SERVICE IMPACT FEE.  (a) The district 
may charge a water service impact fee that is equal to the sum of the 
equity buy-in fee, aids to construction fee, and connection fee 
charged by the Rose Hill Water Supply Corporation on January 15, 
2005, under that corporation's tariff.
	(b)  Chapter 395, Local Government Code, does not apply to 
the initial water service impact fee set under this section.
	(c)  The district may increase the water service impact fee 
only as provided by Chapter 395, Local Government Code, or as 
approved by the Texas Commission on Environmental Quality.

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.


	§ 7204.103. EMINENT DOMAIN.  (a) Except as provided by 
Subsection (b), the district has all the authority under Chapters 
49 and 65, Water Code, of a special utility district to acquire by 
condemnation any land, easement, or other property located inside 
or outside the boundaries of the district for any district project 
or purpose.
	(b)  The district may not exercise the power of eminent 
domain to condemn, for sanitary sewer purposes, land, easements, or 
other property located outside the boundaries of the district.

Added by Acts 2005, 79th Leg., ch. 1169, § 1, eff. June 18, 2005;  
Acts 2005, 79th Leg., ch. 1361, § 4.01, eff. June 18, 2005.