WATER CODE
SUBTITLE B. LOCAL LAW SURFACE WATER AUTHORITIES
CHAPTER 221. BRAZOS RIVER AUTHORITY
§ 221.001. CREATION. (a) A conservation and
reclamation district to be known as the "Brazos River Authority" is
created. The authority is a river authority, a governmental
agency, a municipality, and a body politic and corporate.
(b) The authority is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(c) The authority may exercise the powers expressly granted
by Section 59, Article XVI, Texas Constitution, to districts
created to conserve, control, and utilize to beneficial service the
storm waters and floodwaters of the rivers and streams of the state,
as well as those powers that may be contemplated and implied by the
purposes of that provision of the constitution and that are
conferred by general law and the provisions of this chapter. In
addition, the authority may discover, develop, and produce
groundwater in the Brazos River basin for the use of its customers.
(d) The authority may exercise all the rights and powers of
an independent governmental agency, a municipality, and a body
politic and corporate to formulate plans deemed essential to its
operation and for its administration in the control, storing,
preservation, and distribution for all useful purposes of the storm
waters and floodwaters of the Brazos River and its tributary
streams.
(e) The authority may exercise the same authority and power
of control and regulation over the storm waters and floodwaters of
the Brazos River and its tributaries as may be exercised by the
state, subject to the provisions of the constitution and the acts of
the legislature.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.002. DEFINITIONS. In this chapter:
(1) "Authority" means the Brazos River Authority.
(2) "Board" means the board of directors of the
authority.
(3) "Director" means a member of the board.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.003. TERRITORY. The territory of the authority
comprises the watershed of the Brazos River, as determined by rule
of the Texas Water Development Board, except the portions lying
within Freestone, Leon, and Madison counties.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.004. POWERS. (a) The authority may exercise, in
addition to all the general powers vested by the constitution and
statutes in a governmental agency and body politic and corporate
for the greatest practicable measure of conservation and beneficial
utilization of storm waters, floodwaters, and unappropriated flow
waters, the powers of control and employment of the floodwaters,
storm waters, unappropriated flow waters, and groundwater of the
authority in the manner and for the purposes provided by this
section.
(b) The authority may provide, through all practical and
legal means, for the control and the coordination of the regulation
of the waters of the watershed of the Brazos River and its tributary
streams as a unit.
(c) The authority may provide, by adequate organization and
administration, for the preservation of the equitable rights of the
people of the different sections of the watershed area in the
beneficial use of storm waters, floodwaters, and unappropriated
flow waters of the Brazos River and its tributary streams.
(d) The authority may provide for storing, controlling, and
conserving storm waters, floodwaters, and unappropriated flow
waters of the Brazos River and its tributaries, preventing the
escape of those waters without the maximum of public service,
preventing the devastation of lands by recurrent overflows, and
protecting life and property in the watershed area from
uncontrolled floodwaters.
(e) The authority may provide for the conservation of waters
essential for the domestic uses of the people of the watershed of
the Brazos River and its tributaries, including all necessary water
supplies for municipalities.
(f) The authority may provide for the irrigation of lands in
the watershed of the Brazos River and its tributary streams where
irrigation is required for agricultural purposes, or may be
considered helpful to more profitable agricultural production, and
provide for the equitable distribution of storm waters,
floodwaters, and unappropriated flow waters to the regional
potential requirements for all uses. Plans and works provided by
the authority, and works provided under the authorization of the
authority, should give primary consideration to the necessary and
potential needs for water by or within the areas constituting the
watershed of the Brazos River and its tributary streams.
(g) The authority may provide for the better encouragement
and development of drainage systems and provisions for drainage of
lands in the valleys of the Brazos River and its tributary streams
needing drainage for profitable agricultural production and
drainage for other lands in the watershed area of the authority
requiring drainage for the most advantageous use.
(h) The authority may provide for the conservation of all
soils against destructive erosion and for the prevention of
increased flood danger caused by destructive soil erosion.
(i) The authority may provide for controlling and making
available for employment floodwaters, storm waters, and
unappropriated flow waters in the development of commercial and
industrial enterprises in all sections of the watershed area of the
authority.
(j) The authority may provide for the control, storage, and
employment of floodwaters, storm waters, and unappropriated flow
waters in the development and distribution of hydroelectric power,
where this use may be economically coordinated with other and
superior uses and subordinated to the uses declared by law to be
superior.
(k) The authority may provide for each purpose for which
floodwaters, storm waters, and unappropriated flow waters, when
controlled and conserved, may be used in the performance of a useful
service as contemplated and authorized by the provisions of the
constitution and the public policy it declares.
(l) The authority may provide for the development of
groundwater and may make groundwater available for use for
domestic, municipal, irrigation, commercial, and industrial
purposes.
(m) This chapter does not confer on the authority any power
under Chapter 36 to regulate the groundwater of other landowners.
(n) When producing groundwater, the authority is subject to
all laws, regulations, and rules relating to groundwater, including
the rules of a groundwater conservation district and the Central
Carrizo-Wilcox Coordinating Council.
(o) The authority may not transport or assist in the
transport of groundwater pumped in the basin outside the Brazos
River basin.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.005. LIMITATION OF AUTHORITY; STATE
SUPERVISION. The powers and duties granted to the authority by
this chapter are subject to all legislative declarations of public
policy in the maximum utilization of the storm waters, floodwaters,
and unappropriated flow waters of the Brazos River watershed and
developed groundwater of the Brazos River basin for the purposes
for which the authority is created, as expressed and indicated in
this chapter, and subject to the continuing rights of supervision
by the state.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.006. DAMS AND RESERVOIRS; WATER SUPPLY
CONTRACTS. (a) The authority may construct, acquire, equip,
acquire storage rights at, and operate dams and reservoirs that, in
the opinion of the board, are useful in carrying out the powers
conferred on the authority by this chapter, regardless of whether a
dam is designed to serve a single purpose or multiple purposes.
(b) The authority may provide water supply lines and water
purification and pumping facilities.
(c) The authority may execute contracts with municipalities
in the state substantially in the manner prescribed by Section
402.020, Local Government Code, for districts organized or created
under Section 59, Article XVI, Texas Constitution, and may execute
water supply contracts with other users of water.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.007. PRIORITY OF RIGHTS. This chapter does not
change any existing priority of right under the laws of this state
to the use of waters of this state, including any rights of
municipalities that maintain and use storage structures in the bed
of the Brazos River or its tributaries.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.008. BOND PROVISIONS. (a) Bonds may be:
(1) sold for cash, at public or private sale, and at
the price the board determines;
(2) issued on the terms the board determines in
exchange for property of any kind, real, personal, or mixed, or any
interest in property, that the board determines necessary or
convenient for any corporate purpose; or
(3) issued to refund bonds issued at any time under
authority of this chapter.
(b) Bonds must be authorized by resolution of the board.
(c) A resolution authorizing bonds may contain provisions
that are part of the contract between the authority and the
purchasers and subsequent holders of the bonds:
(1) reserving the right to redeem the bonds at the
time, in the amount, and at the price provided;
(2) providing for the setting aside of sinking funds
or reserve funds and the regulation and disposition of those funds;
(3) pledging, to secure the payment of the principal
of and interest on the bonds and the sinking fund or reserve fund
payments agreed to be made with respect to the bonds, all or any
part of the gross or net revenues subsequently received by the
authority with respect to the property, real, personal, or mixed,
to be acquired or constructed with the bonds or with proceeds of the
bonds, or all or any part of the gross or net revenues subsequently
received by the authority from any source;
(4) prescribing the purposes to which the bonds or any
bonds later issued, or the proceeds of the bonds, may be applied;
(5) agreeing to set and collect rates and charges
sufficient to produce revenues that are adequate to pay the items
specified in any resolution or resolutions authorizing any bonds,
and prescribing the use and disposition of all revenues;
(6) prescribing limitations on the issuance of
additional bonds and on all agreements that may be made with the
purchasers and successive holders of the bonds;
(7) relating to the construction, extension,
improvement, operation, maintenance, depreciation, replacement,
and repair of the properties of the authority and the carrying of
insurance on all or any part of the property covering loss or damage
or loss of use and occupancy resulting from specified risks;
(8) establishing the procedure, if any, by which, if
the authority so desires, the terms of any contract with the
bondholders may be amended or abrogated, the amount of bonds the
holders of which must consent to such amendment or abrogation, and
the manner in which the consent is evidenced;
(9) providing for the execution and delivery by the
authority to a bank or trust company authorized by law to accept
trusts, or to the United States or any office or agency of the
United States, of indentures or agreements authorized to be made
with or for the benefit of the bondholders and any other provisions
contained in the indentures or agreements; and
(10) making other provisions, not inconsistent with
this chapter, that the board approves.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.009. BOARD OF DIRECTORS; BONDS; QUORUM;
OFFICERS. (a) The board consists of 21 members. Members of the
board and their successors serve staggered terms of six years and
until their successors are designated and have qualified. The
terms of seven members of the board expire on February 1 of each
odd-numbered year.
(b) The governor shall appoint the directors at large with
the advice and consent of the senate. Within 60 days after
appointment, each director shall take and subscribe an oath of
office similar to the oaths administered to county commissioners
and shall execute bond in the amount of $5,000, payable to the
authority. The premium on the bond shall be paid by the authority.
The bond, after being recorded in the official bond records of the
county in which the authority maintains its office, shall be
deposited with a depository selected and approved for the deposit
of the funds of the authority.
(c) A vacancy occurring on the board shall be filled by
appointment of the governor with the advice and consent of the
senate.
(d) Eleven members of the board constitute a quorum to
transact business.
(e) The governor shall designate a director as the presiding
officer of the board to serve in that capacity at the pleasure of
the governor. The board shall elect from among its members an
assistant presiding officer and a secretary. The board shall
appoint a treasurer. The treasurer shall furnish a bond in an
amount equal to 75 percent of the amount of money estimated to be on
hand during the year, not to exceed $100,000.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.010. CREATION OF MASTER DISTRICT; WATER CONTROL
AND IMPROVEMENT DISTRICT. A master district is created having all
the powers, duties, and functions, and subject to applicable and
practicable procedures for those districts, to accomplish the
purposes of this chapter, as provided by Chapter 49 and the
provisions of this code applicable to water control and improvement
districts.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.011. BOND ELECTION REQUIRED. The authority may
not issue bonds or incur any form of continuing obligation or
indebtedness payable from ad valorem taxes for purposes of
effecting improvements comprehended in the plan of organization and
administration of the authority, or incur any indebtedness in the
form of a continuing charge on lands or other physical properties
within the authority, unless the proposition has been submitted to
the qualified voters of the authority, or in appropriate cases the
qualified voters of a defined area within the authority, and is
approved by a majority of the electors voting on the proposition.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.012. ADDITIONAL POWERS AND DUTIES. (a) The
authority is a district and a river authority as defined by Chapter
30. All the provisions of Chapter 30 are applicable to the
authority.
(b) As used in this section:
(1) "Person" means any individual, partnership,
corporation, public utility, or other private entity or any public
agency.
(2) "Public agency" means an authority, district,
municipality or other political subdivision, joint board, or other
public agency created and operating under the laws of this state and
any entity created to operate or act on behalf of a public agency.
(c) The authority and all persons may enter into contracts
with each other, in any manner and on terms to which the parties
agree, with respect to any power, function, facility, or service
that the authority is authorized by law to provide or finance.
Public agencies may use and pledge any available revenues for and in
the payment of amounts due under a contract as an additional source
of payment of the contract and may covenant with respect to
available revenues to assure the availability of the revenues when
required. In this subsection, "revenues" does not mean or include
revenues from ad valorem taxes levied and collected by a public
agency or the proceeds from the sale or refunding of bonds of a
public agency that are to be wholly or partially paid from ad
valorem taxes levied and collected by the public agency unless the
use or pledge of the tax revenues or bond proceeds is approved by
the qualified voters of the public agency at an election called for
the purpose of levying taxes or issuing or refunding bonds, or both,
for the purpose of using or pledging their revenues or proceeds
under contracts entered into under this subsection.
(d) A public agency may set, charge, and collect fees,
rates, charges, rentals, and other amounts for a service or
facility provided by a utility operated by the public agency, or
provided under or in connection with a contract with the authority,
from the inhabitants of the authority or from any users or
beneficiaries of the utility, service, or facility, including:
(1) water charges;
(2) sewage charges;
(3) solid waste disposal system fees and charges,
including garbage collection or handling fees; and
(4) other fees or charges.
(e) A public agency may use and pledge the fees, rates,
charges, rentals, and other amounts authorized by Subsection (c) to
make payments to the authority required under a contract with the
authority and may covenant to do so in amounts sufficient to make
all or any part of the payments to the authority when due. If the
parties agree in the contract, the payments shall constitute an
expense of operation of any facility or utility operated by the
public agency.
(f) The authority, acting through the board, may carry out
any activities and acquire, purchase, construct, own, operate,
maintain, repair, improve, or extend and may lease or sell, on terms
and conditions, including rentals or sale prices, on which the
parties agree, all works, improvements, facilities, plants,
buildings, structures, equipment, and appliances, and all real and
personal property, or any interest in real or personal property,
related to the works, improvements, facilities, plants, buildings,
structures, equipment, and appliances, that are incident to or
necessary in carrying out or performing any power or function of the
authority under this section.
(g) The authority may issue bonds with respect to the
acquisition, purchase, construction, maintenance, repair,
improvement, and extension of works, improvements, facilities,
plants, buildings, structures, appliances, and property for the
purpose of exercising any of its powers and functions under this
section in the manner provided by this chapter or any other
applicable law.
(h) The authority may issue revenue bonds to pay for the
costs of feasibility studies for proposed projects of the
authority, including engineering, planning and design, and
environmental studies. The authority may include in any revenue
bond issue the funds to operate and maintain, for a period not to
exceed two years after completion, the facilities acquired or
constructed through the revenue bond issue.
(i) If bonds issued by the authority recite that they are
secured by a pledge of payments under a contract, a copy of the
contract and the proceedings relating to the contract may be
submitted to the attorney general along with the bonds. If the
attorney general finds that the bonds have been authorized and the
contract has been made and entered into in accordance with law, the
attorney general shall approve the bonds and the contract, and
after the approval, the bonds and the contract are incontestable in
any court or other forum for any reason and are valid and binding in
accordance with their terms and provisions for all purposes.
(j) The provisions of Chapters 618, 1201, 1204, 1207, and
1371, Government Code, are applicable to bonds issued by the
authority.
(k) This section is wholly sufficient authority for the
issuance of bonds, the execution of contracts, and the performance
of other acts and procedures authorized by this section by the
authority and all persons, including public agencies, without
reference to any other provision of law or any restriction or
limitation contained in those provisions, except as specifically
provided by this section. To the extent of any conflict or
inconsistency between this section and any other law, including any
charter of a home-rule municipality, this section shall prevail and
control. The authority and all persons, including public agencies,
may use any law not in conflict with this section to the extent
convenient or necessary to carry out any power or authority,
expressed or implied, granted by this section.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.013. DISPOSITION OF PROPERTY. (a) Nothing in
this chapter shall be construed as authorizing the authority, and
it is not authorized, to mortgage or otherwise encumber any of its
property of any kind, real, personal, or mixed, or any interest in
property, or to acquire any property or interest subject to a
mortgage or conditional sale; provided, however, that this section
shall not be construed as preventing the pledging of the revenues of
the authority as provided by this chapter.
(b) Nothing in this chapter shall be construed as
authorizing the sale, release, or other disposition of property of
any kind, real, personal, or mixed, or any interest in property, by
the authority or through any court proceedings or otherwise;
provided, however, that the authority may sell for cash any
property or interest if the board by affirmative vote of 11 of its
members determines that the property or interest is not necessary
to the business of the authority and approves the terms of the sale.
Except by sale as expressly authorized by this section, authority
property or interest may not come into the ownership or control,
directly or indirectly, of any person, firm, or corporation other
than a public authority created under the laws of the state.
(c) All authority property is exempt from forced sale, and
nothing in this chapter authorizes the sale of any of the property
of the authority under a judgment rendered in a suit, and a sale of
that kind is prohibited.
(d) Notwithstanding any restrictions or provisions in this
section or in this chapter, the authority, acting by a majority vote
of the board, may construct or purchase, from any person, firm, or
corporation (referred to in this subsection as "customer") with
which the authority has contracted to sell hydroelectric power,
transmission lines and other property used or to be used by the
customer for the transmission of or in connection with power
purchased or to be purchased from the authority. The authority may
lease all or any portion of that property to the customer for all or
a portion of the time during the term of the hydroelectric power
purchase contract. The lease may contain provisions that are valid
and enforceable giving the lessee the right to purchase from the
authority all or any portion of the property at or within the time
specified in the lease and for a price and on terms and conditions
specified in the lease; provided, however, that the price may not
be less than the depreciated value, determined in the manner
prescribed in the lease, plus one percent of the original cost of
the property.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.014. ACQUISITION OF PROPERTY; EMINENT
DOMAIN. (a) The authority may acquire by purchase, lease, or gift
or in any other manner and may maintain, use, and operate property
of any kind, real, personal, or mixed, or any interest in property,
within or outside the boundaries of the authority, necessary or
convenient to the exercise of the powers, rights, privileges, and
functions conferred on the authority by this chapter.
(b) The authority may acquire, by purchase, condemnation,
or otherwise, any property the board determines necessary to make
effectual and practicable the construction and operation of all
works, improvements, and services that are planned ultimately to be
provided by the authority to accomplish any of the purposes for
which the authority was created. The acquisition or condemnation
may be either of the fee simple title or of a lesser title or an
easement only, within the discretion of the board; provided,
however, that a person may not be deprived of any defense available
under the general law of eminent domain; and provided, further,
that the authority may not acquire or operate a steam generating
plant for the production and sale of electric energy and, except for
the purpose of acquiring the necessary area below or above the
anticipated high-water line of a reservoir, may not condemn any
property of a rural electrification cooperative or other
corporations engaged in the generation or sale of electric energy
to the public.
(c) The authority may exercise the power of eminent domain
for the purpose of acquiring by condemnation property of any kind,
real, personal, or mixed, or any interest in property, within or
outside the boundaries of the authority, other than property or an
interest in property outside the boundaries of the authority owned
by any body politic, that is necessary or convenient to the exercise
of the powers, rights, privileges, and functions conferred on the
authority by this chapter, in the manner provided by general law
with respect to condemnation or, at the option of the authority, in
the manner provided by statutes relative to condemnation by
districts organized under general law under Section 59, Article
XVI, Texas Constitution.
(d) In condemnation proceedings being prosecuted by the
authority, the authority is not required to give bond for appeal or
bond for cost.
(e) The authority may overflow and inundate any public lands
and public property and may require the relocation of roads and
highways in the manner and to the extent permitted to districts
organized under general law under Section 59, Article XVI, Texas
Constitution.
(f) If the authority, in the exercise of the power of
eminent domain or power of relocation or any other power granted
under this chapter, makes necessary the relocation, raising,
rerouting, changing the grade, or altering the construction of any
highway, railroad, electric transmission line, or pipeline, all
necessary relocation, raising, rerouting, changing of grade, or
alteration of construction shall be accomplished at the sole
expense of the authority.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.015. CONTRACTS, GRANTS, AND LOANS. (a) The
board may negotiate and contract with the federal government or
with any of its agencies for grants, loans, and advancements from
the United States for the furtherance of any purpose set forth in
this chapter.
(b) The authority may receive and accept grants, loans, or
allotments from the United States and others for furtherance of any
of the purposes set forth in this chapter.
(c) An opinion from the attorney general as to whether a
grant, loan, or allotment has been received by the authority from
the United States or others shall be authority for the action of any
person charged with any duty contingent on such grant, loan, or
allotment.
Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.016. RULES. The board may make all necessary
rules for the government and control of the authority not
inconsistent with the constitution and laws of the state.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.017. USE OF BRAZOS RIVER AND TRIBUTARIES. In the
prosecution of the plans for which the authority has been created
for the storing, controlling, conserving, and distributing for
useful purposes of the storm waters, floodwaters, and
unappropriated flow waters of the Brazos River watershed and
developed groundwater from the Brazos River basin for the use of its
customers, the authority may use the bed and banks of the Brazos
River and its tributary streams for any and all purposes necessary
to the accomplishment of the plans of the authority.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.018. DEFAULT PROCEDURES. (a) A resolution
authorizing the issuance of bonds and any indenture or agreement
entered into under the resolution may include provisions regarding
a default on the:
(1) payment of the interest on any bonds as the
interest becomes due and payable;
(2) payment of the principal of any bonds as they
become due and payable, whether at maturity, by call for
redemption, or otherwise; or
(3) performance of an agreement made with the
purchasers or successive holders of any bonds.
(b) If a default described by Subsection (a) has occurred
and has continued for a period, if any, prescribed by the resolution
authorizing the issuance of the bonds, the trustee under an
indenture entered into with respect to the bonds authorized by the
resolution, or, if there is no indenture, a trustee appointed in the
manner provided in the resolution by the holders of 25 percent in
aggregate principal amount of the bonds authorized by the
resolution and then outstanding may, and on the written request of
the holders of 25 percent in aggregate principal amount of the bonds
authorized by the resolution and then outstanding shall, in the
trustee's own name but for the equal and proportionate benefit of
the holders of all the bonds, and with or without having possession
of the bonds:
(1) by mandamus or other suit, action, or proceeding
at law or in equity, enforce all rights of the bondholders;
(2) bring suit on the bonds or the appurtenant
coupons;
(3) by action or suit in equity, require the board to
act as if it were the trustee of an express trust for the
bondholders;
(4) by action or suit in equity, enjoin any acts or
things that may be unlawful or in violation of the rights of the
bondholders; or
(5) after such notice to the board as the resolution
may provide, declare the principal of all of the bonds due and
payable, and if all defaults have been made good, then with the
written consent of the holders of 25 percent in aggregate principal
amount of the bonds then outstanding, annul the declaration and its
consequences; provided, however, that the holders of more than a
majority in principal amount of the bonds authorized by the
resolution and then outstanding shall, by written instrument
delivered to the trustee, have the right to direct and control any
and all actions taken or to be taken by the trustee under this
section.
(c) A resolution, indenture, or agreement relating to bonds
may provide that in a suit, action, or proceeding under this
section, the trustee, whether or not all of the bonds have been
declared due and payable and with or without possession of any of
the bonds, is entitled as of right to the appointment of a receiver
who may enter and take possession of all or part of the properties
of the authority, operate and maintain the properties, and set,
collect, and receive rates and charges sufficient to provide
revenues adequate to pay the items specified in the resolution
authorizing bonds and the costs and disbursements of the suit,
action, or proceeding and apply that revenue in conformity with
this chapter and the resolution authorizing the bonds.
(d) In a suit, action, or proceeding by a trustee or
receiver, if any, under this section, counsel fees and expenses of
the trustee and of the receiver, if any, constitute taxable
disbursements, and all costs and disbursements allowed by the court
shall be a first charge on any revenue pledged to secure the payment
of the bonds.
(e) Subject to the provisions of the constitution, the
courts of McLennan County have jurisdiction of a suit, action, or
proceeding under this section by a trustee on behalf of the
bondholders and of all proceedings involved in the suit, action, or
proceeding.
(f) In addition to the powers specifically provided by this
section, the trustee has all powers necessary or appropriate for
the exercise of the powers specifically provided or incident to the
general representation of the bondholders in the enforcement of
their rights.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
§ 221.019. LIMITED LIABILITY FOR AQUATIC HERBICIDE
APPLICATION. (a) In this section, "commercially licensed
aquatic herbicide applicator" means a person who holds a commercial
applicator license issued by the Department of Agriculture under
Chapter 76, Agriculture Code, that authorizes the application of
aquatic herbicides.
(b) Except as provided by Chapter 12, Parks and Wildlife
Code, an authority employee holding a noncommercial aquatic
herbicide applicator license or a commercially licensed aquatic
herbicide applicator working under contract with the authority is
not liable for damages in excess of $2 million for personal injury,
property damage, or death resulting from the application by the
applicator of aquatic herbicide in compliance with applicable law
and the terms of the license or permit.
Added by Acts 2003, 78th Leg., ch. 996, § 1, eff. Sept. 1, 2003.
