Texas § SD.9037.004 - CONSENT REQUIRED

§ SD.9037.004. CONSENT REQUIRED

CONSENT REQUIRED. (a) The temporary directors may not hold an election under Section 9037.003 until: (1) each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district; (2) each municipality in whose extraterritorial jurisdiction the district is located has: (A) approved and entered into a strategic partnership agreement with the district under Section 43.0751 , Local Government Code; and (B) approved and entered into a development agreement with the owners of land in the district under Section 212.172 , Local Government Code; (3) an agreement that addresses the provision of water and wastewater treatment to the land in the district has been approved and entered into by: (A) each municipality in whose extraterritorial jurisdiction the district is located; (B) the commissioners court of each county in which the district is located; (C) a retail or wholesale provider of water and wastewater treatment; and (D) the owners of land in the district; (4) the commissioners court of each county in which the district is located has issued an order making the findings under Sections 51.021 (a)(1), (2), (3), and (4), Water Code; and (5) the commissioners court of each county in which the district is located has approved and entered into an agreement with the district that must include, but is not limited to, provisions relating to the use of county right-of-way, the district's exercise of the power of eminent domain outside the boundaries of the district, drainage serving the land in the district, platting of land in the district, and the provision of water and wastewater treatment to the land in the district. (b) A municipality that contains district territory in its corporate limits or extraterritorial jurisdiction may include in its consent to the creation of the district any restriction on or condition to the consent, including a limitation on the powers of the district otherwise granted by this chapter. (c) Sections 51.022 through 51.025 , Water Code, do not apply to the district or the order of the county under Subsection (a)(4). Added by Acts 2009, 81st Leg., R.S., Ch. 1096 (H.B. 4811 ), Sec. 1, eff. June 19, 2009.