2005 Texas Special Districts Code CHAPTER 9007. BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1

SPECIAL DISTRICT LOCAL LAWS CODE

CHAPTER 9007. BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND 
IMPROVEMENT DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS


	§ 9007.001. DEFINITIONS.  In this chapter:                                  
		(1)  "Board" means the board of directors of the 
district.                  
		(2)  "District" means the Bexar-Medina-Atascosa 
Counties Water Control and Improvement District No. 1.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      

SUBCHAPTER B. BOARD OF DIRECTORS


	§ 9007.051. COMPOSITION;  TERM.  (a) The district is 
governed by a board of seven directors elected to staggered 
four-year terms.
	(b)  Five directors are elected from single-member 
precincts.  Two directors are elected at large.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.052. DIRECTOR QUALIFICATIONS.  (a) A person 
seeking to represent a single-member precinct of the district must 
own land in the precinct the person seeks to represent.
	(b)  A person seeking to represent the district at large must 
own land in the district.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.053. APPLICATION FOR PLACEMENT ON BALLOT.  A 
person seeking to be placed on the ballot for a board election must:
		(1)  indicate that the person wishes to run for a 
position representing the district at large;  or
		(2)  identify the single-member precinct from which the 
person wishes to run.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.054. EMPLOYMENT OF GENERAL MANAGER;  APPLICABILITY 
OF OTHER LAW.  Section 49.056(c), Water Code, does not apply to the 
district.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      

SUBCHAPTER C. EXCLUSION OF LAND BY RESOLUTION


	§ 9007.101. AUTHORITY TO EXCLUDE LAND.  (a) The board by 
resolution may exclude from the district land that:
		(1)  is inside the district but was not included in the 
district when the district was created;  and
		(2)  has been subdivided into town lots and blocks, 
with streets or other thoroughfares dedicated to the use of the 
public.
	(b)  A map and the dedication of the land must be filed for 
record with the county clerk of the county in which the land is 
located before the board adopts the resolution to exclude the land.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.102. ENTRY OF EXCLUSION INTO MINUTES.  The 
secretary of the district shall enter a resolution passed under 
Section 9007.101 in the board's minutes.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.103. EFFECT OF EXCLUSION RESOLUTION.  From and 
after the time the secretary of the district enters a resolution 
under Section 9007.102, the excluded land is no longer:
		(1)  part of the district;  or                                                
		(2)  entitled to be served with water by the district.                        

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      

SUBCHAPTER D. EXCLUSION OF PROPERTY AFTER HEARING


	§ 9007.151. AUTHORITY TO EXCLUDE PROPERTY.  The board may 
exclude property from the district if the board, after notice and 
hearing, finds that exclusion of the property is in the best 
interest of the district and that:
		(1)  the property is not irrigable with water purchased 
from the district because:
			(A)  the district cannot deliver water by gravity 
flow to a high point on the property to irrigate the property;
			(B)  the property is subdivided into tracts of 
less than 10 acres;  or     
			(C)  the property is subdivided into town lots, 
town lots and blocks, or similar small parcels of any size that will 
not be used for agricultural purposes or are suitable for a 
residential, commercial, or other nonagricultural purpose;  or
		(2)  the property has not been irrigated with water 
purchased from the district for a period of not less than three 
years before the date the notice for the hearing is mailed.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.152. GROUNDS FOR HEARING.  If the board has 
information that property located in the district is not irrigated 
or irrigable, the board may call and hold a hearing to determine 
whether to exclude the property from the district.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.153. NOTICE OF HEARING;  PUBLICATION.  (a) The 
board, by certified mail, return receipt requested, shall issue to 
each owner of property in the area proposed to be excluded a written 
notice of a hearing to be held under this subchapter.  For purposes 
of this subsection, the board shall use the current tax rolls of the 
district to determine property ownership.
	(b)  The board shall issue a notice under Subsection (a) not 
earlier than the 21st day and not later than the 16th day before the 
date of a hearing held under this subchapter.  The notice must:
		(1)  describe the property proposed to be excluded;                           
		(2)  describe the basis for the proposed exclusion;                           
		(3)  state the time, date, and location of the hearing;  
and                
		(4)  advise that an interested property owner has the 
right to appear at the hearing to offer evidence to contest the 
proposed exclusion.
	(c)  The board shall publish notice of a hearing to be held 
under this subchapter at least once a week for two consecutive weeks 
in a newspaper of general circulation in each county in which the 
property proposed to be excluded is located.  The first published 
notice must appear in the newspaper not earlier than the 40th day 
and not later than the 16th day before the date of the hearing.  The 
notice must:
		(1)  describe the property proposed to be excluded;                           
		(2)  state the time, date, and location of the hearing;  
and                
		(3)  advise that an interested property owner has the 
right to appear at the hearing and to offer evidence to contest the 
proposed exclusion.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.154. CONSENT FROM HOLDERS OF INDEBTEDNESS.  If the 
district has outstanding bonded indebtedness, or indebtedness 
under a loan from a governmental agency, a written consent from an 
authorized representative of the holder or holders of the 
indebtedness consenting to an exclusion of land from the district 
under this subchapter shall be obtained and filed with the district 
before a hearing is held under this subchapter.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.155. SUIT TO REVIEW ORDER;  APPEAL.  An interested 
person may:     
		(1)  bring a suit to review an exclusion order issued 
under this subchapter in the manner provided by Section 49.308, 
Water Code;  and
		(2)  appeal as provided by Section 49.308(c), Water 
Code.                   

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.156. NOTICE AND RECORD OF EXCLUSION.  (a) The 
district shall record a copy of an exclusion order issued under this 
subchapter in the real property records of the county in which the 
excluded property is located.  The copy of the order must be 
certified and acknowledged by the secretary of the board.
	(b)  The board shall provide a copy of the order to the Texas 
Commission on Environmental Quality not later than the 30th day 
after the date the board issues the order.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.157. EFFECT OF EXCLUSION.  (a) Property excluded 
under this subchapter is not a part of the district and is not 
entitled to purchase water from or to receive any other service from 
the district.
	(b)  A tax, assessment, or other charge on the excluded 
property that is owed to the district at the time the exclusion 
order takes effect remains the obligation of the owner of the 
excluded property and continues to be secured by any statutory 
liens on the property.
	(c)  After property is excluded under this subchapter, the 
owner of the property is not liable to the district for future 
taxes, assessments, or other charges of the district based on the 
excluded property.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.158. DISTRICT FACILITIES AND EASEMENTS.  An 
exclusion order issued under this subchapter does not affect or 
interfere with any rights that the district has to maintain and 
continue operation of an easement, canal, ditch, pipeline, pump, or 
other district facility that is located on the excluded property 
for the purpose of servicing property remaining in the district.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.      


	§ 9007.159. SUBSTITUTION FOR EXCLUDED PROPERTY.  (a) At 
the sole discretion of the board, after the board issues an 
exclusion order under this subchapter, property may be added to the 
district if the property is:
		(1)  practically irrigable with water purchased from 
the district;  and     
		(2)  in the aggregate less than or equal to the acreage 
of property excluded under the exclusion order.
	(b)  Property may be added to the district under this section 
only if the owner of the property files a petition requesting 
inclusion.  If the owner requesting inclusion already has acreage 
within the district, all taxes and other assessments owed to the 
district by the owner must be current before the board may consider 
the petition requesting inclusion.

Added by Acts 2005, 79th Leg., ch. 729, § 1.08, eff. April 1, 
2007.