Tex.
Local Gov't Code Section 552.012
Municipalities in or Contracting with a Water District
(a)
In this section, “water district” means a municipal water authority or other district created under Article XVI, Section 59, of the Texas Constitution.(b)
This section applies to a municipality that is located in a water district or that has a contract with a water district for a supply of untreated water. This section is cumulative of municipal charter provisions relating to the same subject but takes precedence over a municipal charter provision to the extent of any conflict.(c)
The municipality, acting alone or with one or more other municipalities to which this section applies, may:(1)
receive or acquire by gift, dedication, purchase, or condemnation any property in this state, located inside or outside the municipal boundaries, to build or acquire:(A)
water purification and treatment facilities;(B)
reservoirs; or(C)
pipelines and any type of water transportation facilities considered necessary to provide the municipality or municipalities with fresh water for municipal, domestic, and industrial purposes; and(2)
construct or otherwise acquire any facility described by Subdivision (1).(d)
Chapter 21 (Eminent Domain), Property Code, applies to a condemnation proceeding brought under this section.(e)
The municipality or municipalities, individually or jointly, may operate, maintain, and improve, and may sell or lease in whole or in part, property acquired or constructed under this section and any improvements on that property. Municipalities may individually or jointly control and operate jointly owned facilities by contracting with one another on mutually agreeable terms.(f)
The governing body of a municipality providing water treatment facilities under this section may:(1)
issue negotiable municipal bonds or warrants for that purpose and impose taxes to provide the interest and sinking fund for those bonds or warrants in the manner provided by law for the issuance of tax supported bonds and warrants by the municipality; or(2)
issue revenue bonds supported by the revenues of one or more of the municipal utilities as provided by Chapter 1502 (Public Securities for Municipal Utilities, Parks, or Pools), Government Code.(g)
The governing body of a municipality that acquires facilities or property under this section may impose reasonable charges for the use of the facilities or property. In the case of jointly operated facilities, the governing bodies of the municipalities involved may impose the charges by agreement.(h)
A municipality or a combination of municipalities acting under this section may contract with any other municipality to supply the other municipality with services from the facilities or improvements acquired or constructed under this section. By ordinance, the governing bodies of the municipalities providing the services may prescribe and enforce rules relating to the use of the improvements and facilities.(i)
An election is not required for approval of any contract relating to water treatment under this section.(j)
In addition to taxes for the interest and sinking fund of bonds or warrants issued under this section, the governing body of the municipality separately or jointly acquiring improvements or facilities under this section may impose taxes for the improvement, operation, and maintenance of the improvements and facilities. Those taxes are subject to limits on taxation imposed by the constitution and laws of this state and by the municipal charter.(b)
The municipality may acquire any interest, including a fee simple interest, in publicly or privately owned property, including riparian rights, located anywhere in the state. The municipality may acquire the interest by purchase, gift, devise, or eminent domain.(c)
To furnish an adequate and wholesome supply of water for the residents, the municipality may exercise the power of eminent domain to acquire and condemn public or private property to extend, improve, or enlarge its water system, including water supply reservoirs, riparian rights, standpipes, and watersheds, to construct water supply reservoirs, wells or artesian wells, or dams, and to construct or establish necessary facilities or appurtenances.(d)
For purposes of this section, the municipality has the same powers relating to eminent domain conferred by statute on water improvement districts or water control and preservation districts or conferred by general law on municipalities.(e)
The municipality may acquire fee simple title to property under this section if the resolution ordering condemnation proceedings specifies that such an interest is to be acquired.
Source:
Section 552.012 — Municipalities in or Contracting with a Water District, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.552.htm#552.012 (accessed Apr. 29, 2024).
