CHAPTER 8245. HARDIN STORE ROAD MUNICIPAL UTILITY DISTRICT NO. 1 OF MONTGOMERY COUNTY - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8245. HARDIN STORE ROAD MUNICIPAL UTILITY DISTRICT

NO. 1 OF MONTGOMERY COUNTY

For contingent expiration of this chapter, see Section 8245.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8245.001. 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 Hardin Store Road Municipal Utility

District No. 1 of Montgomery County.

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

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.002. NATURE OF DISTRICT. The district is a municipal

utility district in Montgomery 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.

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8245.024 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 Montgomery 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.

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.004. 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.

578, Sec. 1, eff. September 1, 2007.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8245.026.

Sec. 8245.021. TEMPORARY DIRECTORS. (a) On or after September

1, 2007, a person who owns land in the district may submit a

petition to the Texas Commission on Environmental Quality

requesting that the commission 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 8245.024; or

(2) the date this chapter expires under Section 8245.003.

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

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.022. 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. At the meeting, the temporary

directors shall elect officers from among the temporary directors

and conduct any other district business.

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

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.023. CONSENT OF MUNICIPALITY REQUIRED. The temporary

directors may not hold an election under Section 8245.024 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.

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

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.024. 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.

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.025. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 8245.024 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors under Section 8245.052 and which three shall serve

until the second regularly scheduled election of directors.

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

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.026. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2014.

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

578, Sec. 1, eff. September 1, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8245.051. DIRECTORS; TERMS. (a) The district is governed

by a board of five directors.

(b) Directors serve staggered four-year terms.

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

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.052. 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 2007, 80th Leg., R.S., Ch.

578, Sec. 1, eff. September 1, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8245.101. 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.

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.102. ROAD PROJECTS. (a) To the extent authorized by

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 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.

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

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.103. COMPLIANCE WITH MUNICIPAL CONSENT RESOLUTION.

The district shall comply with all applicable requirements of any

resolution adopted by the governing body of a municipality under

Section 54.016, Water Code, that consents to the creation of the

district or to the inclusion of land in the district.

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

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.104. RECREATIONAL FACILITIES; LIMIT ON EMINENT DOMAIN

POWER. (a) In this section, "recreational facilities" and

"develop and maintain" have the meanings assigned by Section

49.462, Water Code.

(b) The district may develop and maintain recreational

facilities in the manner provided by Subchapter N, Chapter 49,

Water Code.

(c) The district may not, for the development or maintenance of

a recreational facility, acquire by condemnation land, an

easement, or other property inside or outside the district.

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

578, Sec. 1, eff. September 1, 2007.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8245.151. TAX TO REPAY BONDS. The district may impose a

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

Section 8245.201.

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

578, Sec. 1, eff. September 1, 2007.

SUBCHAPTER E. BONDS

Sec. 8245.201. 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 8245.101 and 8245.102.

(b) The district must hold an election in the manner provided by

Chapters 49 and 54, Water Code, to obtain voter approval before

the district may issue bonds payable from ad valorem taxes.

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

authorized by Section 8245.102 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.

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

projects authorized by Section 8245.102 may not exceed one-fourth

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

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

578, Sec. 1, eff. September 1, 2007.

Sec. 8245.202. BONDS FOR RECREATIONAL FACILITIES. If authorized

at an election under Section 8245.201(b), the district may issue

bonds payable from ad valorem taxes to pay for the development

and maintenance of recreational facilities under Section

8245.104.

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

578, Sec. 1, eff. September 1, 2007.