CHAPTER 8132. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 21 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8132. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 21

For contingent expiration of this chapter, see Sec. 8132.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8132.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a member of the board.

(3) "District" means the Williamson County Municipal Utility

District No. 21.

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

1333, Sec. 1, eff. September 1, 2005.

Sec. 8132.002. NATURE OF DISTRICT. The district is a municipal

utility district in Williamson County created under and essential

to accomplish the purposes of Section 59, Article XVI, Texas

Constitution.

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

1333, Sec. 1, eff. September 1, 2005.

Sec. 8132.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8132.023 before September 1, 2013:

(1) the district is dissolved September 1, 2013, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be

transferred to Williamson County; and

(C) the organization of the district shall be maintained until

all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2016.

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

1333, Sec. 1, eff. September 1, 2005.

Amended by:

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

1075, Sec. 1, eff. June 19, 2009.

Sec. 8132.004. INITIAL DISTRICT TERRITORY. (a) The district is

initially composed of the territory described by Section 2 of the

Act creating this chapter.

(b) The boundaries and field notes contained in Section 2 of the

Act creating this chapter form a closure. A mistake made in the

field notes or in copying the field notes in the legislative

process does not affect:

(1) the organization, existence, or validity of the district;

(2) the right of the district to impose taxes;

(3) the validity of the district's bonds, notes, or

indebtedness; or

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

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

1333, Sec. 1, eff. September 1, 2005.

Sec. 8132.005. APPLICABILITY OF OTHER WATER DISTRICTS LAW.

Except as otherwise provided by this chapter, Chapters 30, 49,

and 54, Water Code, apply to the district.

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

1333, Sec. 1, eff. September 1, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8132.025

Sec. 8132.021. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) Tommy Cain;

(2) David Crist;

(3) Jeff Henley;

(4) Stanton Meeks; and

(5) Stephen Stilp.

(b) A temporary director is not required to own land in or

reside in the district.

(c) If a temporary director fails to qualify for office, the

temporary directors who have qualified shall appoint a person to

fill the vacancy. If at any time there are fewer than three

qualified temporary directors, the Texas Commission on

Environmental Quality shall appoint the necessary number of

persons to fill all vacancies on the board.

(d) Temporary directors serve until the earlier of:

(1) the date initial directors are elected under Section

8132.023; or

(2) September 1, 2009.

(e) If initial directors have not been elected under Section

8132.023 and the terms of the temporary directors have expired,

successor temporary directors shall be appointed or reappointed

as provided by Subsection (f) to serve terms that expire on the

earlier of:

(1) the date initial directors are elected under Section

8132.023; or

(2) the fourth anniversary of the date of the appointment or

reappointment.

(f) If Subsection (e) applies, the owner or owners of a majority

of the assessed value of the real property in the district may

submit a petition to the Texas Commission on Environmental

Quality requesting that the commission appoint as successor

temporary directors the five persons named in the petition. The

commission shall appoint as successor temporary directors the

five persons named in the petition.

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

1333, Sec. 1, eff. September 1, 2005.

Amended by:

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

1075, Sec. 2, eff. June 19, 2009.

Sec. 8132.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

As soon as practicable after all the temporary directors have

qualified under Section 49.055, Water Code, a majority of the

temporary directors shall convene the organizational meeting of

the district at a location in the district agreeable to a

majority of the directors.

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

1333, Sec. 1, eff. September 1, 2005.

Sec. 8132.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

(a) The temporary directors shall hold an election to confirm

the creation of the district and to elect five directors as

provided by Section 49.102, Water Code. If the creation of the

district is not confirmed at the initial election, the temporary

directors may hold a second election not sooner than the first

anniversary of the initial election.

(b) At the confirmation and initial directors' election the

board may submit to the voters a proposition to authorize:

(1) an issuance of bonds;

(2) a maintenance tax; or

(3) a tax to fund payments required under a contract.

(c) Section 41.001(a), Election Code, does not apply to a

confirmation and initial directors' election held under this

section.

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

1333, Sec. 1, eff. September 1, 2005.

Sec. 8132.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 8132.023 shall draw lots to determine which

two shall serve terms expiring June 1 following the first

regularly scheduled election of directors under Section 8132.052

and which three shall serve until June 1 following the second

regularly scheduled election of directors.

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

1333, Sec. 1, eff. September 1, 2005.

Sec. 8132.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2016.

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

1333, Sec. 1, eff. September 1, 2005.

Amended by:

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

1075, Sec. 3, eff. June 19, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8132.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms that expire June 1

of even-numbered years.

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

1333, Sec. 1, eff. September 1, 2005.

Sec. 8132.052. ELECTION OF DIRECTORS. On the uniform election

date in May of each even-numbered year, the appropriate number of

directors shall be elected.

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

1333, Sec. 1, eff. September 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8132.101. WASTEWATER TREATMENT FACILITY DESIGN APPROVAL.

The district must obtain the approval of the Brazos River

Authority for the design of any district wastewater treatment

facility.

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

1333, Sec. 1, eff. September 1, 2005.

Sec. 8132.102. WASTEWATER SERVICE PROVIDERS. Only the Brazos

River Authority or a provider approved by the Brazos River

Authority may provide wastewater service in the district.

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

1333, Sec. 1, eff. September 1, 2005.

Sec. 8132.103. COMPLIANCE WITH SEWER SERVICE AGREEMENT. The

district shall comply with the terms and conditions of the

"Agreement Regarding Sewer Service Areas and Customers by and

between Lower Colorado River Authority, Brazos River Authority,

City of Georgetown, City of Liberty Hill and Chisholm Trail

Special Utility District" dated February 1, 2005.

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

1333, Sec. 1, eff. September 1, 2005.

SUBCHAPTER D. ONE-TIME DIVISION OF DISTRICT

Sec. 8132.151. AUTHORITY TO DIVIDE DISTRICT. The district may

be divided into two districts in accordance with this subchapter

after the creation of the district has been confirmed at an

election under Section 8132.023 if:

(1) the district does not have any outstanding debt secured by

district taxes or revenue;

(2) the district has not annexed land or been divided; and

(3) each new district created by the division contains at least

100 acres.

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

1075, Sec. 4, eff. June 19, 2009.

Sec. 8132.152. DIVISION PROCEDURES. (a) The board may consider

a proposal to divide the district on its own motion or on receipt

of a petition to that effect from a district landowner.

(b) The board may adopt a resolution to divide the district into

two districts named Williamson County Municipal Utility District

No. 21-A and Williamson County Municipal Utility District No.

21-B. The resolution must include:

(1) the names of and a metes and bounds description of the

territory of the two new districts; and

(2) the terms and conditions of the division, including a plan

that:

(A) ensures current obligations of the district are not impaired

by providing for the payment or performance of any outstanding

district obligations; and

(B) provides for the assumption of any district obligations

under an agreement with or resolution adopted by a municipality

having jurisdiction over the creation of the district consenting

to the creation of the district, to the extent that the agreement

or resolution:

(i) is applicable;

(ii) is not contrary to any other law or provision of this

chapter; and

(iii) does not impose obligations that limit the district's

powers and authority to issue bonds for any purpose authorized

under this chapter.

(c) Not later than the 30th day after the date the board adopts

a resolution dividing the district, the board shall provide a

copy of the resolution and the names of the temporary directors

of the new districts to:

(1) the Texas Commission on Environmental Quality;

(2) the attorney general;

(3) the Commissioners Court of Williamson County; and

(4) any municipality having extraterritorial jurisdiction over

land in the original district.

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

1075, Sec. 4, eff. June 19, 2009.

Sec. 8132.153. GOVERNING NEW DISTRICTS. (a) The new districts

are separate districts and shall be governed as separate

districts.

(b) Until the 91st day after the date the board adopts a

resolution dividing the district, the board shall continue to act

on behalf of the district to wind up the affairs of the district.

(c) The district directors shall act as temporary directors of

one of the new districts and shall appoint five individuals to

serve as temporary directors of the other new district. A

temporary director is not required to own land in either of the

new districts. A temporary director shall qualify for and assume

office not later than the 90th day after the date the board

adopts a resolution dividing the district.

(d) Temporary directors of a new district serve until the new

district elects initial permanent directors. The election of

directors for each new district shall be held on the next uniform

election date in May of an even-numbered year after the date the

temporary directors take office that allows sufficient time to

comply with the requirements of other law.

(e) The initial permanent directors elected at an election held

under Subsection (d) serve staggered terms determined in the

manner provided for directors of the original district under

Section 8132.024.

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

1075, Sec. 4, eff. June 19, 2009.

Sec. 8132.154. POWERS AND DUTIES OF NEW DISTRICTS. (a) Except

as provided by Subsection (b), each new district created under

this subchapter has the powers and duties of the original

district under this chapter, including the powers and duties

under general law applicable to municipal utility districts that

relate to the imposition of a tax or the issuance of bonds.

(b) A new district does not have the power to divide into new

districts.

(c) A new district shall pay its proportionate share of any

obligations of the original district in accordance with the

resolution dividing the district. The new districts may pay

debts of the original district from district contributions or

from the proceeds resulting from the imposition of a tax,

assessments on the land in the district, or district revenue.

(d) A new district may contract with the other new district for

the provision of water or wastewater or regarding any other

matter the boards of directors of the districts consider

appropriate.

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

1075, Sec. 4, eff. June 19, 2009.