CHAPTER 8106. BAMMEL UTILITY DISTRICT - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8106. BAMMEL UTILITY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8106.001. DEFINITIONS. In this chapter:

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

(2) "District" means the Bammel Utility District.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.002. NATURE OF DISTRICT. The district is a municipal

utility district and a conservation and reclamation district in

Harris County, created under Section 59, Article XVI, Texas

Constitution.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.003. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) 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 boundaries of

the district will benefit from the works and projects

accomplished by the district under the powers conferred by

Section 59, Article XVI, Texas Constitution.

(b) The creation of the district is essential to accomplish the

purposes of Section 59, Article XVI, Texas Constitution.

(c) The accomplishment of the purposes stated in this chapter is

for the benefit of the people of this state and for the

improvement of their properties and industries. The district in

carrying out the purposes of this chapter will be performing an

essential public function under the Texas Constitution.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.004. DISTRICT TERRITORY. (a) The district is

composed of the territory described by Section 2, Chapter 357,

Acts of the 61st Legislature, Regular Session, 1969 (Article

8280-438, Vernon's Texas Civil Statutes), as that territory may

have been modified under:

(1) Subchapter O, Chapter 51, Water Code, before September 11,

1978;

(2) Subchapter H, Chapter 54, Water Code;

(3) Subchapter J, Chapter 49, Water Code;

(4) this chapter; or

(5) other law.

(b) The boundaries and field notes of the district contained in

Section 2, Chapter 357, Acts of the 61st Legislature, Regular

Session, 1969 (Article 8280-438, Vernon's Texas Civil Statutes),

form a closure. If a mistake is made in the field notes or in

copying the field notes in the legislative process, the mistake

does not affect:

(1) the district's organization, existence, and validity;

(2) the district's right to issue any type of bond for a purpose

for which the district is created or to pay the principal of and

interest on the bond;

(3) the district's right to impose a tax; or

(4) the legality or operation of the district or the board.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.005. CONFIRMATION ELECTION NOT REQUIRED. It is not

necessary for the board to call or hold a confirmation election

to confirm the district's creation.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

SUBCHAPTER B. DISTRICT ADMINISTRATION

Sec. 8106.051. COMPOSITION OF BOARD. The board consists of five

directors.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.052. DIRECTOR'S BOND. (a) Each director shall

execute a bond in the amount of $5,000 for the faithful

performance of the director's duties.

(b) The bond must be recorded in a record book kept for that

purpose in the district office.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.053. BOARD VACANCY. (a) Except as provided by

Subsection (b), a vacancy in the office of director shall be

filled in the manner provided by Section 49.105, Water Code.

(b) The county judge of the county in which the district is

located shall appoint directors to fill all of the vacancies on

the board whenever the number of qualified directors is fewer

than three.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.054. DISTRICT OFFICE. (a) Except as provided by this

section, the board shall designate, establish, and maintain a

district office as provided by Section 49.062, Water Code.

(b) The board may establish a second district office outside the

district. If the board establishes a second district office, the

board shall give notice of the location of that office by:

(1) filing a copy of the board resolution that establishes the

location of the office:

(A) with the Texas Commission on Environmental Quality; and

(B) in the municipal utility district records of each county in

which the district is located; and

(2) publishing notice of the location of the office in a

newspaper of general circulation in each county in which the

district is located.

(c) A district office that is a private residence, office, or

dwelling is a public place for matters relating to district

business.

(d) The board shall provide notice of any change in the location

of the district office outside the district in the manner

required by Subsection (b).

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.055. ABSENCE OF PRESIDENT FROM BOARD MEETING. If the

board president is absent from a board meeting:

(1) the board vice president may:

(A) sign an order adopted at the meeting; or

(B) implement any other action taken at the meeting; or

(2) the board may authorize the president to sign the order or

implement the action.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8106.101. GENERAL POWERS AND DUTIES. The district has all

of the rights, powers, privileges, authority, and functions

conferred by the general laws of the state relating to municipal

utility districts created under Section 59, Article XVI, Texas

Constitution, including those conferred by Chapters 49 and 54,

Water Code.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.102. ADDITIONAL POWERS AND DUTIES. (a) The district

may:

(1) make, purchase, construct, lease, or otherwise acquire

property, works, facilities, existing improvements, or

improvements to be made, constructed, or acquired that are:

(A) inside or outside the boundaries of the district; and

(B) necessary to carry out the powers granted by this chapter or

general law; or

(2) enter into a contract with a person on terms the board

considers desirable, fair, and advantageous for:

(A) the purchase or sale of water;

(B) the transportation, treatment, and disposal of the domestic,

industrial, or communal wastes of the district or others;

(C) the continuing and orderly development of district land and

property through the purchase, construction, or installation of

facilities, works, or improvements that the district is otherwise

authorized to do or perform so that, to the greatest extent

reasonably possible, considering sound engineering and economic

practices, all of the lands and property may ultimately receive

the services of the facilities, works, or improvements; and

(D) the performance of any of the powers granted by this chapter

or general law.

(b) A contract under Subsection (a)(2) may not have a duration

of more than 40 years.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.103. EMINENT DOMAIN. The district may exercise the

power of eminent domain only:

(1) in a county in which the district is located; and

(2) when necessary to carry out the purposes for which the

district was created.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.104. COST OF RELOCATING OR ALTERING PROPERTY. (a) In

this section, the term "sole expense" means the actual cost of

the action required under Subsection (b) to provide a comparable

replacement without enhancing the facility, after deducting the

net salvage value derived from the old facility.

(b) If the district's exercise of eminent domain or of another

power conferred by this chapter requires relocating, raising,

rerouting, or changing the grade of, or altering the construction

of any highway, railroad, electric transmission line, telegraph

or telephone property and facility, or pipeline, the action shall

be accomplished at the sole expense of the district.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.105. CONTRACT FOR PURCHASE OF WATER, SEWER, OR

DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district may

enter into a contract with a political subdivision for water,

sewer, or drainage services or any combination of those services

without the necessity of an election by any contracting party.

(b) The district may pay for an obligation incurred by entering

into a contract under this section by issuing bonds that, if

otherwise necessary, have been approved by the voters in the

manner provided by this chapter.

(c) The district may deliver the district's bonds to any of the

following parties that enters into a contract with the district

under this section:

(1) the United States;

(2) an agency or instrumentality of the United States;

(3) this state; or

(4) an agency or instrumentality of this state.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.106. NOTICE OF ELECTION. The board president or

secretary may give notice of an election.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.107. DISTRICT RULES. The district shall adopt and

enforce reasonable and effective rules to secure and maintain

safe, sanitary, and adequate plumbing installations, connections,

and appurtenances as subsidiary parts of the district's sewerage

system to preserve the quality of water within or controlled by

the district.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8106.151. TAX METHOD. (a) The board shall use the ad

valorem plan of taxation.

(b) The board is not required to hold a hearing on the adoption

of a plan of taxation.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.152. DISTRICT ACCOUNTS. The district shall keep a

complete system of the district's accounts.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.153. COPY OF AUDIT REPORT. A copy of the audit report

prepared under Subchapter G, Chapter 49, Water Code, shall be

delivered upon request to a holder of at least 25 percent of the

outstanding bonds of the district.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. The

district is not required to pay a tax or assessment on:

(1) district property; or

(2) a purchase made by the district.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.

Sec. 8106.155. DIRECTOR AS SHAREHOLDER IN DEPOSITORY. A

director may be a shareholder in a depository of district funds.

Added by Acts 2005, 79th Leg., Ch.

729, Sec. 1.06, eff. April 1, 2007.