CHAPTER 8231. CALHOUN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8231. CALHOUN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1

For contingent expiration of this chapter, see Section 8231.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8231.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

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

District No. 1.

Added by Acts 2007, 80th Leg., R.S., Ch.

587, Sec. 1, eff. June 16, 2007.

Sec. 8231.002. NATURE OF DISTRICT. The district is a municipal

utility district in Calhoun County created under and essential to

accomplish the purposes of Section 59, Article XVI, Texas

Constitution.

Added by Acts 2007, 80th Leg., R.S., Ch.

587, Sec. 1, eff. June 16, 2007.

Sec. 8231.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8231.022 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that:

(A) any debts incurred shall be paid;

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

transferred to Calhoun 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, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch.

587, Sec. 1, eff. June 16, 2007.

Sec. 8231.004. 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 2007, 80th Leg., R.S., Ch.

587, Sec. 1, eff. June 16, 2007.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8231.024.

Sec. 8231.021. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) Robert Harriman;

(2) William B. Fuller;

(3) Jeffrey B. Holberg;

(4) Michael R. Jeter; and

(5) Donald D. Simmons.

(b) 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 the vacancies on the board.

(c) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8231.022; or

(2) the date this chapter expires under Section 8231.003.

Added by Acts 2007, 80th Leg., R.S., Ch.

587, Sec. 1, eff. June 16, 2007.

Sec. 8231.022. 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 2007, 80th Leg., R.S., Ch.

587, Sec. 1, eff. June 16, 2007.

Sec. 8231.023. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 8231.022 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors and which three shall serve until the second regularly

scheduled election of directors.

Added by Acts 2007, 80th Leg., R.S., Ch.

587, Sec. 1, eff. June 16, 2007.

Sec. 8231.024. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2014.

Added by Acts 2007, 80th Leg., R.S., Ch.

587, Sec. 1, eff. June 16, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8231.051. DIRECTORS; TERMS; ELECTIONS. (a) The district

is governed by a board of five directors.

(b) Directors serve staggered four-year terms.

(c) The appropriate number of directors shall be elected on the

uniform election date in May of even-numbered years.

Added by Acts 2007, 80th Leg., R.S., Ch.

587, Sec. 1, eff. June 16, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8231.101. 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 2007, 80th Leg., R.S., Ch.

587, Sec. 1, eff. June 16, 2007.

Sec. 8231.102. DIVISION OF DISTRICT. (a) The district may be

divided into two or more districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) The division procedure is prescribed by Sections 51.749

through 51.758, Water Code.

(c) Any new district created by the division of the district has

all the powers and duties of the district, except the power to

divide the district into new districts under this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

587, Sec. 1, eff. June 16, 2007.