Alternative Project Delivery - Texas Water Development Board

Legal Review of Alternative Delivery Methods
bonds. The commission shall retain a copy of the order and send a copy of the order to the
district.
(g) Notwithstanding any provision of this code to the contrary, the commission may
approve the issuance of bonds of a district without the submission of plans and specifications
of the improvements to be financed with the bonds. The commission may condition the
approval on any terms or conditions considered appropriate by the commission.
(h) This section does not apply to a district if:
(1) the district's boundaries include one entire county;
(2) the district was created by a special Act of the legislature and:
(a) the district is located entirely within one county;
(b) entirely within one or more home-rule municipalities;
(c) the total taxable value of the real property and improvements to the real
property zoned by one or more home-rule municipalities for residential
purposes and located within the district does not exceed 25 percent of the
total taxable value of all taxable property in the district, as shown by the
most recent certified appraisal tax roll prepared by the appraisal district for
the county; and
(d) the district was not required by law to obtain commission approval of its
bonds before the effective date of this section;
(3) the district is a special water authority; or
(4) the district is governed by a board of directors appointed in whole or in part by
the governor, a state agency, or the governing body or chief elected official of a
municipality or county and does not provide, or propose to provide, water, sewer,
drainage, reclamation, or flood control services to residential retail or commercial
customers as its principal function.
xlviii 30 Tex. Admin. Code § 293.43 (1999) (TNRCC approval of issuance of bonds)
xlix id. at § 402.014, 402.018 and Tex. Water Code § 49.213 and 49.219 (West 2000).
l Tex. Rev. Civ. Stat. Ann. Art. 5190.6 (Vernon 2000).
li id. at § 2(11).
lii id. at § 23(a).
liii Tex. Loc. Gov’t Code Ann §§ 303.001-303.124 (West 2000).
liv Id. at §§ 375.221-223.
lv Id. at §§ 375.221-223.
lvi Id. at §§ 378.001-378.012.
lvii Id. at § 383.111.
lviii Tex. Trans. Code Ann. § 431.102 (Vernon 1999).
lix Steven Nelson, Procurement of Educational Facilities in Texas, An Overview of Senate Bill
583, presented to the 11 th Annual Construction Law Conference, San Antonio, Texas, February
19, 1998.
lx Tex. Edu. Code Ann. § 44.036 (Vernon 1999).
lxi Nelson supra note 54.
lxii
S.B. 155, S.B. 227, and S.B. 510.
lxiii
Op. Tex. Att’y Gen. No. JC-0206 (2000).
lxiv
This memorandum reflects our current opinion on the legal and factual issues addressed and is
based on current applicable legal authorities. Future court decisions, legislation, and other relevant
developments, however, can change the law. Before applying this opinion in the future, therefore, it is
essential to determine whether the law has changed in any respect that would necessitate a revision of
the opinion expressed. We have not been requested to keep you informed as to such future
developments and are under no obligation to do so.
This opinion is supplied solely for your information and use in connection with the transaction or
matter described above and should not be quoted or otherwise referred to in any financial statement or
any other documents, in whole or in part, or furnished to any other person or agency, other than the
Texas Water Development Board, without our prior written consent.
Legal Review R. W. Beck 15