CHAPTER 8140. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICTS NOS. 5, 6, AND 7 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8140. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICTS

NOS. 5, 6, AND 7

For contingent expiration of this chapter, see Sec. 8140.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8140.001. DEFINITIONS. In this chapter:

(1) "Board" or "boards" means, as appropriate, the board of

directors of one or all of the districts.

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

(3) "District" or "districts" means, as appropriate, one or all

of the East Montgomery County Municipal Utility Districts Nos. 5,

6, and 7.

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

775, Sec. 1, eff. September 1, 2005.

Sec. 8140.002. NATURE OF DISTRICT. Each district is a municipal

utility district in Montgomery County created under and essential

to accomplish the purposes of Section 52, Article III, and

Section 59, Article XVI, Texas Constitution.

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

775, Sec. 1, eff. September 1, 2005.

Sec. 8140.003. CONFIRMATION ELECTION REQUIRED. If the creation

of a district is not confirmed at a confirmation election held

under Section 8140.023 before September 1, 2007:

(1) the district is dissolved September 1, 2007, except that:

(A) any debts incurred shall be paid;

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

transferred to Montgomery County; and

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

all debts are paid and remaining assets are transferred; and

(2) the provisions of this chapter relating to that district

expire September 1, 2010.

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

775, Sec. 1, eff. September 1, 2005.

Sec. 8140.004. INITIAL DISTRICT TERRITORY. (a) Each district

is initially composed of the territory described by Section 2 of

the Act creating this chapter.

(b) The boundaries and field notes of each district, as

described by 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.

775, Sec. 1, eff. September 1, 2005.

Sec. 8140.005. APPLICABILITY OF OTHER LAW. Except as otherwise

provided by this chapter, Chapters 49 and 54, Water Code, apply

to the districts.

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

775, Sec. 1, eff. September 1, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8140.025

Sec. 8140.021. TEMPORARY DIRECTORS. (a) On or after September

1, 2005, a person who owns land inside the boundaries of a

district may petition the Texas Commission on Environmental

Quality to appoint as temporary directors of that district the

five persons listed in the petition.

(b) The commission shall appoint as temporary directors the

persons listed in a petition received by the commission under

Subsection (a). If the commission receives more than one

petition for a district, the commission shall appoint the

directors listed in the first petition the commission receives.

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

commission shall appoint a person to fill the vacancy.

(d) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8140.023; or

(2) the date the provisions of this chapter relating to the

district expire under Section 8140.003.

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

775, Sec. 1, eff. September 1, 2005.

Sec. 8140.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

As soon as practicable after all the temporary directors of a

district have qualified under Section 49.055, Water Code, the

temporary directors of that district shall meet at a location in

the district agreeable to a majority of the directors of that

district. If a location cannot be agreed upon, the meeting shall

be at the Montgomery County Courthouse. At the meeting, the

temporary directors shall elect officers from among the temporary

directors and conduct any other district business.

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

775, Sec. 1, eff. September 1, 2005.

Sec. 8140.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

The temporary directors of each district shall hold an election

to confirm the creation of the district and to elect five

directors as provided by Section 49.102, Water Code.

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

775, Sec. 1, eff. September 1, 2005.

Sec. 8140.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

of each district elected under Section 8140.023 shall draw lots

to determine which two shall serve until the first regularly

scheduled election of directors under Section 8140.052 and which

three shall serve until the second regularly scheduled election

of directors.

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

775, Sec. 1, eff. September 1, 2005.

Sec. 8140.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

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

775, Sec. 1, eff. September 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8140.051. DIRECTORS; TERMS. (a) Each district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms.

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

775, Sec. 1, eff. September 1, 2005.

Sec. 8140.052. ELECTION OF DIRECTORS. On the uniform election

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

directors of each district shall be elected.

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

775, Sec. 1, eff. September 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8140.101. GENERAL POWERS. Each district has all of the

rights, powers, privileges, authority, functions, and duties

provided by the general law of this state, including Chapters 49

and 54, Water Code, applicable to municipal utility districts

created under Section 59, Article XVI, Texas Constitution.

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

775, Sec. 1, eff. September 1, 2005.

Sec. 8140.102. ROAD PROJECTS. (a) The district may construct,

acquire, improve, maintain, or operate macadamized, graveled, or

paved roads or turnpikes, or improvements in aid of those roads

or turnpikes, inside the district.

(b) A road project must meet all applicable construction

standards, zoning and subdivision requirements, and regulatory

ordinances of the municipality or county in whose jurisdiction

the district is located.

(c) The district may not undertake a road project unless each

municipality or county in whose jurisdiction the district is

located consents by ordinance or resolution.

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

775, Sec. 1, eff. September 1, 2005.

Sec. 8140.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR

RESOLUTIONS. Subject to the limitations of Section 54.016, Water

Code, each district shall comply with all applicable requirements

of any ordinance or resolution adopted by the city council of the

City of Houston, including an ordinance or resolution adopted

before September 1, 2005, that consents to the creation of the

district or to the inclusion of lands within the district.

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

775, Sec. 1, eff. September 1, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8140.151. TAX TO REPAY BONDS. Each district may impose a

tax to pay the principal of or interest on bonds issued under

Section 8140.201.

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

775, Sec. 1, eff. September 1, 2005.

SUBCHAPTER E. BONDS

Sec. 8140.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

(a) Each district may issue bonds or other obligations as

provided by Chapters 49 and 54, Water Code, to finance the

construction, maintenance, or operation of projects under

Sections 8140.101 and 8140.102.

(b) A district may not issue bonds to finance projects

authorized by Section 8140.102 unless the issuance is approved by

a vote of a two-thirds majority of the voters of the district

voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance

projects authorized by Section 8140.102 may not exceed one-fourth

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

(d) Sections 49.181 and 49.182, Water Code, do not apply to a

project undertaken by a district under Section 8140.102 or to

bonds issued by the district to finance the project.

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

775, Sec. 1, eff. September 1, 2005.