CHAPTER 8272. HARRIS-MONTGOMERY COUNTIES MUNICIPAL UTILITY DISTRICT NO. 386 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8272. HARRIS-MONTGOMERY COUNTIES MUNICIPAL

UTILITY DISTRICT NO. 386

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8272.001. DEFINITION. In this chapter, "district" means

the Harris-Montgomery Counties Municipal Utility District No.

386.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8272.002. NATURE OF DISTRICT. The district is a

conservation and reclamation district created under Section 59,

Article XVI, Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8272.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The

district is created to serve a public use and benefit.

(b) All land and other property included in the district will

benefit from the works and projects accomplished by the district

under the powers conferred by Section 59, Article XVI, Texas

Constitution.

(c) The creation of the district is essential to accomplish the

purposes of Section 59, Article XVI, Texas Constitution.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8272.004. DISTRICT TERRITORY. (a) The district is

composed of the territory described by Section 3, Chapter 1381,

Acts of the 77th Legislature, Regular Session, 2001, as that

territory may have been modified under:

(1) Subchapter H, Chapter 54, Water Code;

(2) Subchapter J, Chapter 49, Water Code; or

(3) other law.

(b) The boundaries and field notes of the district form a

closure. A mistake in the field notes or in copying the field

notes in the legislative process does not affect:

(1) the district's organization, existence, or validity;

(2) the validity of district bonds, notes, or other

indebtedness;

(3) the district's right to impose a tax; or

(4) the legality or operation of the district or its governing

body.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER B. BOARD OF DIRECTORS

Text of section effective on April 01, 2011

Sec. 8272.051. COMPOSITION OF BOARD; TERMS. (a) The district

is governed by a board of five directors.

(b) Directors serve staggered four-year terms.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

SUBCHAPTER C. POWERS AND DUTIES

Text of section effective on April 01, 2011

Sec. 8272.101. MUNICIPAL UTILITY DISTRICT POWERS. The district

has the rights, powers, privileges, functions, and duties

provided by general law applicable to a municipal utility

district created under Section 59, Article XVI, Texas

Constitution, including Chapters 49, 50, and 54, Water Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8272.102. COMPLIANCE WITH MUNICIPAL CONSENT 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 Houston, including an ordinance or resolution adopted

before September 1, 2001, that consents to the creation of the

district or to the inclusion of lands in the district.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8272.103. RELOCATING OR ALTERING PROPERTY; COSTS. (a) The

district may relocate, raise, reroute, change the grade of, or

alter the construction of a highway, railroad, electric

transmission line, telecommunications or other public utility

facility, pipeline, canal, or drainage ditch if considered

necessary by the board of directors.

(b) The district shall pay for any relocation, raising,

rerouting, changing, or altering under this section, unless

otherwise agreed in writing by the interested parties.

(c) If a facility is replaced, the cost of replacement is

limited to an amount equal to the cost of replacing the facility

with a comparable facility, less the replaced facility's net

salvage value.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.

Text of section effective on April 01, 2011

Sec. 8272.104. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND

ASSESSMENTS. The district may not impose an impact fee or

assessment on the property, including the equipment,

rights-of-way, facilities, or improvements, of:

(1) an electric utility or a power generation company as defined

by Section 31.002, Utilities Code;

(2) a gas utility as defined by Section 101.003 or 121.001,

Utilities Code; or

(3) a telecommunications provider as defined by Section 51.002,

Utilities Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

1139, Sec. 1.04, eff. April 1, 2011.