CHAPTER 8152. ZAPATA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8152. ZAPATA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2

For contingent expiration of this chapter, see Sec. 8152.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8152.001. 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 Zapata County Municipal Utility

District No. 2.

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

777, Sec. 1, eff. September 1, 2005.

Sec. 8152.002. NATURE OF DISTRICT. The district is a municipal

utility district in Zapata County created under and essential to

accomplish the purposes of Section 59, Article XVI, Texas

Constitution.

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

777, Sec. 1, eff. September 1, 2005.

Sec. 8152.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8152.023 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 Zapata 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, 2010.

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

777, Sec. 1, eff. September 1, 2005.

Sec. 8152.004. INITIAL DISTRICT TERRITORY. The initial

territory of the district is coextensive with the service areas

covered by Certificates of Convenience and Necessity Nos. 12877

and 20850, as identified on the Texas Commission on Environmental

Quality official service area maps associated with those

certificates.

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

777, Sec. 1, eff. September 1, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8152.026

Sec. 8152.021. TEMPORARY DIRECTORS. (a) On or after September

1, 2005, the commissioners of the Commissioners Court of Zapata

County and the county judge of Zapata County shall each appoint

one temporary director to serve as one of the five temporary

directors of the district.

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

person who appointed that temporary director shall appoint a

person to fill the vacancy.

(c) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8152.023; or

(2) the date this chapter expires under Section 8152.003.

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

777, Sec. 1, eff. September 1, 2005.

Sec. 8152.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

As soon as practicable after all the temporary directors have

qualified under Section 49.055, Water Code, the temporary

directors shall meet at a location in the district agreeable to a

majority of the directors. If a location cannot be agreed upon,

the meeting shall be at the Zapata 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.

777, Sec. 1, eff. September 1, 2005.

Sec. 8152.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

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.

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

777, Sec. 1, eff. September 1, 2005.

Sec. 8152.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 8152.023 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors under Section 8152.052 and which three shall serve

until the second regularly scheduled election of directors.

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

777, Sec. 1, eff. September 1, 2005.

Sec. 8152.025. TRANSFER OF ASSETS. (a) If the district's

creation is confirmed under Section 8152.023, Zapata County shall

transfer to the district the assets, debts, and contractual

rights and obligations of the county associated with the Zapata

County Waterworks under Certificate of Convenience and Necessity

No. 12877 and the sanitary sewer utility under Certificate of

Convenience and Necessity No. 20850.

(b) Not later than the 30th day after the date of the transfer

under Subsection (a), the Zapata County Waterworks and Zapata

County Certificates of Convenience and Necessity Nos. 12877 and

20850 are considered to be held by the district.

(c) The Commissioners Court of Zapata County shall notify the

Texas Commission on Environmental Quality of the transfer of

Certificates of Convenience and Necessity Nos. 12877 and 20850 to

the district.

(d) On receipt of notice under Subsection (c), the Texas

Commission on Environmental Quality shall note in its records

that Certificates of Convenience and Necessity Nos. 12877 and

20850 are held by the district and shall reissue the certificates

in the name of the district without further application or

notice.

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

777, Sec. 1, eff. September 1, 2005.

Sec. 8152.026. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

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

777, Sec. 1, eff. September 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8152.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms.

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

777, Sec. 1, eff. September 1, 2005.

Sec. 8152.052. ELECTION OF DIRECTORS. On the uniform election

date in November of each even-numbered year, the appropriate

number of directors shall be elected.

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

777, Sec. 1, eff. September 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8152.101. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.

The district has the powers 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.

777, Sec. 1, eff. September 1, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8152.151. TAX TO REPAY BONDS. The district may impose a

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

Section 8152.201.

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

777, Sec. 1, eff. September 1, 2005.

SUBCHAPTER E. BONDS

Sec. 8152.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

The 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 Section 8152.101.

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

777, Sec. 1, eff. September 1, 2005.