2005 Texas Special Districts Code CHAPTER 11001. ROAD DISTRICT AUTHORITY OF BASTROP COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2

SPECIAL DISTRICT LOCAL LAWS CODE

SUBTITLE X. DISTRICTS WITH COMBINED POWERS

CHAPTER 11001. ROAD DISTRICT AUTHORITY OF BASTROP COUNTY WATER 
CONTROL AND IMPROVEMENT DISTRICT NO. 2


	§ 11001.001. DEFINITIONS.  In this chapter:                                 
		(1)  "Board" means the board of directors of the 
district.                  
		(2)  "District" means the Bastrop County Water Control 
and Improvement District No. 2.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 11001.002. ROAD DISTRICT POWERS AND DUTIES.  (a) The 
district has all of the rights, powers, privileges, functions, 
responsibilities, and duties that general law grants a road 
district created under Section 52, Article III, Texas Constitution.
	(b)  The board, within the district's boundaries, may 
exercise the powers that the commissioners court of a county may 
exercise under Chapter 257, Transportation Code, to the extent that 
chapter can be applied.

Acts 2005, 79th Leg., ch. 729, § 2.02 repeals Subsection (c) 
effective April 1, 2007
	(c)  To the extent this chapter conflicts with general law, 
this chapter controls.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.  Amended 
by Acts 2005, 79th Leg., ch. 729, § 2.02(19), eff. April 1, 2007.


	§ 11001.003. MASTER PLAN APPROVAL AND ADOPTION.  (a) The 
district shall adopt a master plan for all road improvements.
	(b)  The district shall submit the master plan to the 
governing bodies of the City of Bastrop and Bastrop County before 
the plan is adopted.
	(c)  The district may not adopt the master plan until the 
plan is approved by the governing body of:
		(1)  the City of Bastrop, for improvements to be made in 
the city's jurisdiction;  and
		(2)  Bastrop County, for improvements to be made in the 
county's jurisdiction.
	(d)  Not later than the 61st day after the date the 
applicable governing body receives the master plan, the governing 
body shall review the plan and present the district with any 
proposed revisions necessary to obtain the governing body's 
approval of the plan.
	(e)  The district shall review proposed plan revisions at a 
public hearing held for that purpose.
	(f)  The district must adopt the master plan at a public 
hearing.            

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 11001.004. MASTER PLAN CONTENT.  The master plan must 
include:          
		(1)  a map of the district boundaries that shows:                             
			(A)  the proposed improvements;  and                                         
			(B)  how the proposed improvements would connect 
to other entities' road and drainage systems;  and
		(2)  a written plan that contains:                                            
			(A)  general objectives for the proposed 
improvements;                     
			(B)  the sequence of the improvements;                                       
			(C)  the estimated date of completion of each 
phase of the proposed improvements;
			(D)  the estimated cost of each phase of the 
proposed improvements;        
			(E)  an analysis of the district's projected 
revenues compared with the projected costs;  and
			(F)  a proposed timetable for completion of the 
proposed improvements.     

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 11001.005. MASTER PLAN IMPLEMENTATION.  The district 
shall make all road improvements in accordance with the master 
plan.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 11001.006. MASTER PLAN ANNUAL HEARING.  The district 
shall conduct an annual public hearing on revisions to the master 
plan to inform the public and provide opportunity for public 
comment.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 11001.007. MONTHLY CHARGES.  (a) The board may impose a 
monthly charge of five dollars for each developed or undeveloped 
lot, tract, or reserve in the district.
	(b)  Money received from the monthly charge must be used for 
constructing, maintaining, or repairing public streets or roadways 
in the district.
	(c)  Of the money received under Subsection (a):                               
		(1)  not more than 10 percent may be used for 
administrative purposes;  and 
		(2)  not more than 15 percent may be used for road 
maintenance.             

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 11001.008. CITY OR COUNTY APPROVAL OF PLANS AND 
SPECIFICATIONS.  (a) The district shall submit for the approval of 
the governing body of the City of Bastrop or Bastrop County, as 
appropriate, all road plans and specifications before the district 
begins construction.
	(b)  The plans and specifications are considered approved if 
the governing body to which they are presented does not by 
resolution disapprove of them before the 22nd day after the date on 
which they are presented.
	(c)  In reviewing plans or specifications for construction 
in a subdivision, the City of Bastrop or Bastrop County shall 
generally apply, as a minimum standard, the standard the city or 
county applied to review similar plans or specifications at the 
time the subdivision was created.  If the plans or specifications 
exceed that minimum standard, the standard for approval shall be 
based on good engineering practices related to subjects such as 
vehicle and pedestrian safety, soil and terrain variables, 
watershed impacts, projected traffic use, and future maintenance 
requirements.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 11001.009. INSPECTIONS, SAMPLING, AND TESTING.  (a) The 
City of Bastrop or Bastrop County may:
		(1)  perform reasonable inspections, gather and test 
samples, and perform other testing;  or
		(2)  require the district or the contractor for the 
work to perform reasonable inspections, gather and test samples, 
and perform other testing.
	(b)  The district may include the cost of inspecting, 
sampling, and testing in the bid specifications.  If the district 
includes the costs in the bid specifications, the costs are 
allowable charges for spending road money.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 11001.010. CONVEYANCE OF IMPROVEMENTS.  (a) The 
district shall convey the completed improvements to the City of 
Bastrop or Bastrop County as appropriate.
	(b)  If the improvements comply with the minimum standards 
the city or county, as applicable, prescribes for improvements in 
its jurisdiction, the city or county shall accept the improvements.
	(c)  If the jurisdictions of the city and the county overlap, 
the more stringent standards apply.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 11001.011. ADDITIONAL POWERS.  The district may:                          
		(1)  select professional and consultant personnel for 
engineering, legal, and other necessary support services;
		(2)  select and approve work contractors and 
subcontractors;                
		(3)  supervise road and drainage work in the district;                        
		(4)  contract to carry out the improvements provided by 
the master plan, including contracting with a professional or 
contractor;
		(5)  supervise the cost-effective use of district money 
allocated for permanent improvements;  and
		(6)  approve expenditures for necessary maintenance.                          

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 11001.012. REPORT TO CERTAIN LEGISLATORS.  The district 
annually shall present a report concerning road district activities 
to each state representative and each state senator who represents 
the area in the district's jurisdiction.  The report must include:
		(1)  information regarding the progress of work during 
the preceding year;  
		(2)  the amount of money spent during the preceding 
year;                   
		(3)  any revisions to the master plan;  and                                   
		(4)  a complete financial statement that lists all 
funds of the district and fund balances, expenditures, and interest 
earnings.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.                   


	§ 11001.013. TERMINATION OF ROAD DISTRICT AUTHORITY;  
DISTRIBUTION OF DISTRICT MONEY.  (a) The road district authority 
under this chapter terminates when:
		(1)  all road improvements under the master plan are 
completed;  and        
		(2)  the City of Bastrop or Bastrop County, as 
appropriate, has accepted all road improvements in the district.
	(b)  On termination of the district's road district 
authority, the district shall give any money related to the 
district's road district authority that remains in the district's 
possession or control to the City of Bastrop or Bastrop County, as 
appropriate, for road maintenance in the district.  The district 
shall send the money to the City of Bastrop or Bastrop County in the 
proportion that the number of miles of road improvements by the 
district accepted by the city or county bears to the total number of 
miles of road improvements by the district accepted by both the city 
and the county.

Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005.