CHAPTER 6901. BAYVIEW MUNICIPAL UTILITY DISTRICT OF GALVESTON COUNTY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE B. FRESH WATER SUPPLY DISTRICTS

CHAPTER 6901. BAYVIEW MUNICIPAL UTILITY DISTRICT OF GALVESTON

COUNTY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 6901.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "District" means the Bayview Municipal Utility District of

Galveston County, Texas.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6901.002. NATURE OF DISTRICT. The Bayview Municipal

Utility District of Galveston County is:

(1) a conservation and reclamation district established under

Section 59, Article XVI, Texas Constitution; and

(2) a fresh water supply district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6901.003. DECLARATION AND FINDINGS. (a) The legislature

declares that the district is:

(1) essential to the accomplishment of the purposes of Section

59, Article XVI, Texas Constitution; and

(2) a municipal corporation.

(b) The legislature finds that:

(1) the district is created to serve a public use and benefit;

and

(2) all land and other property included in the district are,

and will be, benefited by the creation of the district and the

improvements that the district purchases, constructs, or

otherwise acquires.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6901.004. TERRITORY OF DISTRICT. The district is composed

of the territory described by Section 1, Chapter 245, Acts of the

58th Legislature, Regular Session, 1963 (V.A.C.S. Art. 8280-287),

as that territory may have been modified under:

(1) Section 6901.058 or its predecessor statute, Section 5,

Chapter 245, Acts of the 58th Legislature, Regular Session, 1963

(V.A.C.S. Art. 8280-287);

(2) Chapter 4, Title 128, Revised Statutes, before August 30,

1971;

(3) Subchapter G, Chapter 53, Water Code, before September 1,

1995;

(4) Subchapter J, Chapter 49, Water Code; or

(5) other law.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 6901.051. GENERAL POWERS AND DUTIES. The district has all

the rights, powers, privileges, and duties conferred and imposed

by a general law of this state on a fresh water supply district

created under Section 59, Article XVI, Texas Constitution,

including Chapters 49 and 53, Water Code.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6901.053. BOARD OF DIRECTORS. The board consists of five

directors.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6901.054. LIMITATION ON USE OF EMINENT DOMAIN. The

district may not exercise the power of eminent domain outside the

boundaries of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6901.055. LIMITATION ON LENGTH OF CERTAIN CONTRACTS. A

district contract for the purchase or sale of water may not

exceed 40 years.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6901.056. INSTALLMENT OF STREET LIGHTS. (a) After voter

approval, the district may:

(1) install, operate, and maintain street lighting within a

public utility easement or public right-of-way inside the

district's boundaries; and

(2) assess the cost of installing, operating, and maintaining

the street lighting as an additional charge in the monthly

billings of the district's customers.

(b) This section does not authorize the district to install,

operate, or maintain street lighting on a right-of-way that is

part of the designated state highway system.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6901.057. DISTRICT TAX ASSESSOR AND COLLECTOR. (a) The

board shall appoint a tax assessor and collector for the district

for a period not to exceed the term of office of the directors

making the appointment.

(b) The district's tax assessor and collector is not required to

be a resident or voter of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6901.058. ADDITION OF TERRITORY TO DISTRICT. (a) In

addition to the method of adding territory to a district provided

by Subchapter J, Chapter 49, Water Code, the district may add

territory as provided by this section.

(b) The owner or owners of land may request by petition that the

board include the land in the district.

(c) A petition under Subsection (b) must be filed with the board

and describe the land to be added to the district. The

description may be by metes and bounds or by lot and block

number. The petition must be signed and executed in the manner

provided by law for the conveyance of real estate.

(d) The board shall hear and consider a petition filed under

this section. The board may add the land to the district if the

board considers the addition to be to the advantage of the

district.

(e) A petition granted under this section shall be filed and

recorded in the deed records of Galveston County.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6901.059. ACQUISITION OF IMPROVEMENTS. The district may

make, construct, or otherwise acquire improvements inside or

outside the district that are necessary or convenient to execute

a power granted to the district under this chapter or a general

law described in Section 6901.051.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6901.060. COST OF RELOCATING PROPERTY. (a) In this

section " sole expense" means the actual cost of the relocating,

raising, lowering, rerouting, changing the grade of, or altering

the construction of a facility described in Subsection (b) in

providing comparable replacement without enhancement of the

facility, after deducting from that cost the net salvage value of

the old facility.

(b) If the district, in the exercise of the power of eminent

domain or relocation or another power granted under this chapter,

makes necessary the relocating, raising, rerouting, changing the

grade of, or altering the construction of a highway, a railroad,

an electric transmission line, telephone or telegraph properties

and facilities, or a pipeline, the necessary relocating, raising,

rerouting, changing of grade, or alteration of construction shall

be accomplished at the sole expense of the district.

Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.

Sec. 6901.061. DEFINED AREAS. (a) Notwithstanding the

limitation on authorization based on acreage under Section

54.801(a), Water Code, the district may establish and administer

defined areas as provided by Subchapter J, Chapter 54, Water

Code.

(b) Under Section 52, Article III, Texas Constitution, the

district may construct, acquire, improve, maintain, or operate in

a defined area established under this section:

(1) macadamized, graveled, or paved roads; or

(2) improvements, including storm drainage, in aid of those

roads.

(c) The district may issue bonds or other obligations as

provided by Chapters 49 and 53, Water Code, to finance the

construction, acquisition, improvement, maintenance, or operation

of projects under Subsection (b).

(d) The district may impose an ad valorem tax on real property

in a defined area to pay the principal of or interest on bonds

issued under Subsection (c) to finance projects benefiting the

defined area.

(e) The district may not issue bonds or other obligations

secured wholly or partly by ad valorem taxes to finance a project

authorized by Subsection (b) unless the issuance is approved by a

vote of a two-thirds majority of the voters of the defined area

to be benefited by the project as provided by Subchapter J,

Chapter 54, Water Code, voting at an election called for that

purpose. The simple majority vote approval required by Section

54.808(a), Water Code, does not apply to an election under this

subsection.

(f) At the time of issuance, the total principal amount of bonds

or other obligations issued or incurred to finance projects

authorized by Subsection (b) benefiting a defined area may not

exceed one-fourth of the assessed value of the real property in

the defined area.

Added by Acts 2009, 81st Leg., R.S., Ch.

1069, Sec. 1, eff. June 19, 2009.