Invisible Government: Special Purpose Districts in Texas - Senate

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SPOTLIGHT
operation and maintenance taxes. However, they do
have authority to issue bonds and notes.
Chapter 65 establishes procedures that allow two or
more SUDs to consolidate into one district, upon voter
approval. The statute also contains provisions for the
dissolution of SUDs.
ffStormwater Control Districts
Chapter 66 (Stormwater Control Districts), Water Code,
authorizes the creation of stormwater control districts,
pursuant to Section 59, Article XVI, Texas Constitution,
to control stormwater and floodwater and to control
and abate harmful excesses of water for the purpose of
preventing area and downstream flooding in all or part of
a watershed. A district may be composed of contiguous
or noncontiguous areas within all or part of the watershed
of a river, stream, creek, or bayou.
In order to create a stormwater control district, a petition
must be submitted to the executive director of TCEQ
by a person or the commissioners courts in the counties
in which all or part of the district is to be located.
This petition must be signed by at least 50 persons
who reside within the boundaries of the proposed
district or by a majority of the members of the
commissioners court in each county in which all
or part of the district is to be located. TCEQ may
hold a hearing on the petition, if it determines that
this is necessary, and then rule on whether to grant
the petition and create the district.
If TCEQ grants the petition, it appoints five persons
to serve as temporary directors of the district. TCEQ
is directed to consider for these appointments the
recommendation of at least five persons, to be
submitted by the person who originally submitted
the petition for creation of the district. Thereafter,
the five-member board of directors is elected as
provided by Chapter 49 (Provisions Applicable to
All Districts), Water Code.
Special Purpose Districts
stormwater retention and detention pond facilities are
located for park and recreational areas when the area
is not used for holding water; provide financing for
land, facilities, and the construction of facilities; enter
into business arrangements and agreements with other
governmental agencies and persons; and apply for,
accept, receive, and administer gifts, grants, loans, and
other funds.
On completion of all facilities proposed to be built by
the district, the district is required to transfer title to
the land and facilities other than detention ponds to
the county or counties in which the land and facilities
are located.
Chapter 66 authorizes the board of directors of a district
to issue and sell bonds to acquire land and construct
facilities and to levy taxes on an annual basis. Chapter
66 also establishes provisions for the dissolution of a
stormwater control district.
ffShip Channel Security Districts
Chapter 68 (Ship Channel Security Districts) was added
to the Water Code by H.B. 3011, 80th Legislature,
Regular Session. Ship channel security districts are
modeled after management districts and are created to
help provide layered, system-wide security in a ship
channel area.
Chapter 68 specifies that Chapter 49 (Provisions
Applicable to All Districts), Water Code, does not apply
to ship channel security districts. Under Chapter 68, a
ship channel security district may be created only by the
commissioners court of a county with a population of
3.3 million or more that has a ship channel in the county,
and only if the commissioners court receives a petition
Chapter 66 authorizes stormwater control districts to
acquire land to construct facilities; construct regional
stormwater retention and detention pond facilities;
construct outfall drainage ditches and similar facilities;
provide for and use the land on which regional
Page 26 October 2008