CHAPTER 8153. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 44 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8153. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT

NO. 44

For contingent expiration of this chapter, see Sec. 8153.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8153.001. 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 Brazoria County Municipal Utility

District No. 44.

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

460, Sec. 1, eff. September 1, 2005.

Sec. 8153.002. NATURE OF DISTRICT. The district is a municipal

utility district in Brazoria County created under and essential

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

Constitution.

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

460, Sec. 1, eff. September 1, 2005.

Sec. 8153.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8153.024 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 Brazoria 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.

460, Sec. 1, eff. September 1, 2005.

Sec. 8153.004. 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; or

(3) the legality or operation of the board.

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

460, Sec. 1, eff. September 1, 2005.

SUBCHAPTER A1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8153.026

Sec. 8153.021. TEMPORARY DIRECTORS. (a) On or after September

1, 2005, a person who owns land in the district may submit a

petition to the Texas Commission on Environmental Quality to

appoint as temporary directors the five persons named in the

petition.

(b) The commission shall appoint as temporary directors the five

persons named in the first petition received by the commission

under Subsection (a).

(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 8153.024; or

(2) the date this chapter expires under Section 8153.003.

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

460, Sec. 1, eff. September 1, 2005.

Sec. 8153.022. 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 Brazoria 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.

460, Sec. 1, eff. September 1, 2005.

Sec. 8153.023. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED. (a)

The temporary directors may not hold an election under Section

8153.024 until each municipality in whose corporate limits or

extraterritorial jurisdiction the district is located has adopted

a resolution consenting to the creation of the district.

(b) If the district is located outside the extraterritorial

jurisdiction of a municipality, the temporary directors may not

hold the election until each county in which the district is

located has adopted a resolution consenting to the creation of

the district.

(c) A municipality or county may not adopt a resolution under

this section before the effective date of the Act creating this

chapter.

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

460, Sec. 1, eff. September 1, 2005.

Sec. 8153.024. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. If

each municipality or county has consented to the creation of the

district under Section 8153.023, 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.

460, Sec. 1, eff. September 1, 2005.

Sec. 8153.025. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 8153.024 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors under Section 8153.052 and which three shall serve

until the second regularly scheduled election of directors.

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

460, Sec. 1, eff. September 1, 2005.

Sec. 8153.026. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2010.

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

460, Sec. 1, eff. September 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8153.051. 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.

460, Sec. 1, eff. September 1, 2005.

Sec. 8153.052. 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.

460, Sec. 1, eff. September 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8153.101. 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.

460, Sec. 1, eff. September 1, 2005.

Sec. 8153.102. ROAD PROJECTS. (a) To the extent authorized

under Section 52, Article III, Texas Constitution, 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 or exceed all applicable

construction standards, zoning and subdivision requirements, and

regulatory ordinances of each municipality in whose corporate

limits or extraterritorial jurisdiction the district is located.

If the district is located outside the extraterritorial

jurisdiction of a municipality, a road project must meet or

exceed all applicable construction standards, zoning and

subdivision requirements, and regulatory ordinances of each

county in which the district is located.

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

municipality in whose corporate limits or extraterritorial

jurisdiction the district is located consents by ordinance or

resolution. If the district is located outside the

extraterritorial jurisdiction of a municipality, the district may

not undertake a road project unless each county in which the

district is located consents by ordinance or resolution.

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

460, Sec. 1, eff. September 1, 2005.

Sec. 8153.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR

RESOLUTIONS. Subject to the limitations of Section 54.016, Water

Code, the district shall comply with all applicable requirements

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

City of Bonney.

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

460, Sec. 1, eff. September 1, 2005.

Sec. 8153.104. LIMITATION ON USE OF EMINENT DOMAIN. The

district may exercise the power of eminent domain outside the

district only to acquire an easement necessary for a pipeline

that serves the district.

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

460, Sec. 1, eff. September 1, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8153.151. TAX TO REPAY BONDS. The district may impose a

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

Section 8153.201.

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

460, Sec. 1, eff. September 1, 2005.

SUBCHAPTER E. BONDS

Sec. 8153.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

(a) 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

Sections 8153.101 and 8153.102.

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

authorized by Section 8153.102 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 8153.102 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 the district under Section 8153.102 or to

bonds issued by the district to finance the project.

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

460, Sec. 1, eff. September 1, 2005.