CHAPTER 8274. HARRIS COUNTY UTILITY DISTRICT NO. 6 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8274. HARRIS COUNTY UTILITY DISTRICT NO. 6

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8274.001. 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 Harris County Utility District No. 6.

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. 8274.002. NATURE OF DISTRICT. The district is a municipal

utility district and a conservation and reclamation district in

Harris County 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. 8274.003. 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 boundaries of

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.

(d) The accomplishment of the purposes stated in this chapter is

for the benefit of the people of this state and for the

improvement of their property and industries. The district in

carrying out the purposes of this chapter will be performing an

essential public function under the 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. 8274.004. DISTRICT TERRITORY. (a) The district is composed

of the territory described by Section 2, Chapter 391, Acts of the

61st Legislature, Regular Session, 1969, as that territory may

have been modified under:

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

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

(3) Section 9, Chapter 391, Acts of the 61st Legislature,

Regular Session, 1969; or

(4) other law.

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

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

process or another mistake in the field notes does not affect:

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

(2) the district's right to issue any type of bond for a purpose

for which the district is created or to pay the principal of and

interest on the bond;

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

(4) the legality or operation of the district or the board.

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. 8274.005. EXPANSION OF DISTRICT. (a) If land is annexed

to the district under Section 49.301, Water Code, the board may

require the petitioners to:

(1) allow the assumption by the area to be annexed of its pro

rata share of the taxes necessary to support voted but unissued

tax or tax-revenue bonds of the district; and

(2) authorize the board to impose a tax on the petitioners'

property to pay for the bonds after the bonds have been issued.

(b) If land is annexed to the district under Section 49.302,

Water Code, the board may submit to the voters of the area to be

annexed a proposition on the question of the assumption by the

area to be annexed of its pro rata share of the voted but not yet

issued or sold tax or tax-revenue bonds of the district and the

imposition of an ad valorem tax on taxable property in the area

to be annexed along with a tax in the rest of the district for

the payment of the bonds.

(c) If the petitioners consent or if the election results

favorably, the district may issue its voted but unissued tax or

tax-revenue bonds regardless of changes to district boundaries

since the original voting or authorization of the bonds.

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. 8274.006. STATE POLICY REGARDING WASTE DISPOSAL. The

district's powers and functions are subject to the state policy

of encouraging the development and use of integrated area-wide

waste collection, treatment, and disposal systems to serve the

waste disposal needs of this state's residents, if integrated

systems can reasonably be provided for an area, so as to avoid

the economic burden on residents and the effect on state water

quality caused by the construction and operation of numerous

small waste collection, treatment, and disposal facilities.

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. 8274.007. LIBERAL CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed to effect the purposes, powers,

rights, and functions stated in this chapter.

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

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

SUBCHAPTER B. DISTRICT ADMINISTRATION

Text of section effective on April 01, 2011

Sec. 8274.051. COMPOSITION OF BOARD. The board consists of five

directors elected by position.

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. 8274.052. DIRECTOR'S BOND. Each director shall qualify by

giving bond in the amount of $5,000 for the faithful performance

of the director's duties.

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. 8274.053. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)

When the board president is absent or fails or declines to act,

the board vice president shall perform all duties and exercise

all power this chapter or general law gives the president.

(b) If the board president is absent from a board meeting:

(1) the board vice president may sign an order or other action

adopted at the meeting; or

(2) the board may authorize the president to sign the order or

other action.

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. 8274.054. DISTRICT OFFICE. (a) Except as provided by this

section, the board shall designate, establish, and maintain a

district office as provided by Section 49.062, Water Code.

(b) The board may establish a second district office outside the

district. If the board establishes a second district office, the

board shall give notice of the location of that office by:

(1) filing a copy of the board resolution that establishes the

location of the office:

(A) with the Texas Commission on Environmental Quality; and

(B) in the municipal utility district records of Harris County;

and

(2) publishing notice of the location of the office in a

newspaper of general circulation in Harris County.

(c) A district office that is a private residence, office, or

dwelling is a public place for matters relating to the district's

business.

(d) The board shall provide notice of any change in the location

of the district office outside the district in the manner

required by Subsection (b).

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. 8274.101. MUNICIPAL UTILITY DISTRICT POWERS. (a) The

district has all of the rights, powers, privileges, and functions

conferred and imposed by the general law of this state relating

to municipal utility districts created under Section 59, Article

XVI, Texas Constitution, including those conferred by Chapters 49

and 54, Water Code.

(b) The district may exercise inside or outside the district's

boundaries any of the rights or powers granted by this chapter or

under the general law relating to municipal utility districts,

including the provision of water, sanitary sewerage, and drainage

services.

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. 8274.102. ADDITIONAL POWERS. (a) The district may:

(1) make, purchase, construct, lease, or otherwise acquire,

inside or outside the district's boundaries, property, works,

facilities, or improvements, whether previously existing or to be

made, constructed, or acquired, that are necessary to carry out

the powers granted by this chapter or general law; or

(2) enter into a contract with a person on terms the board

considers desirable, fair, and advantageous for:

(A) the purchase or sale of water;

(B) the transportation, treatment, and disposal of the domestic,

industrial, or communal wastes of the district or others,

including the purposes provided by Chapter 30, Water Code;

(C) the continuing and orderly development of land and property

in the district through the purchase, construction, or

installation of facilities, works, or improvements that the

district is otherwise authorized to do or perform so that, to the

greatest extent reasonably possible, considering sound

engineering and economic practices, all of the land and property

may ultimately receive the services of the facilities, works, or

improvements; and

(D) the performance of any of the powers granted by this chapter

or the general law.

(b) A contract under Subsection (a)(2) may not have a duration

of more than 40 years.

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. 8274.103. EMINENT DOMAIN. The district may exercise the

power of eminent domain only:

(1) in a county in which the district is located; and

(2) when necessary to carry out the purposes for which the

district was created.

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. 8274.104. COST OF RELOCATING OR ALTERING PROPERTY. (a) In

this section, "sole expense" means the actual cost of relocating,

raising, lowering, rerouting, changing the grade of, or altering

the construction of a facility described by Subsection (b) in

providing comparable replacement without enhancement of the

facility, after deducting from that cost the net salvage value of

the old facility.

(b) If the district's exercise of the power of eminent domain,

the power of relocation, or any other power conferred by this

chapter makes necessary the relocation, raising, rerouting,

changing the grade, or alteration of the construction of a

highway, a railroad, an electric transmission line, a telegraph

or telephone property or facility, or a pipeline, the necessary

action shall be accomplished at the sole expense of 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. 8274.105. CONTRACT FOR PURCHASE OF WATER, SEWER, OR

DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The district and

a political subdivision may enter into a contract for water,

sewer, or drainage services or any combination of those services

without the necessity of an election by any contracting party to

approve the contract.

(b) The district may pay for an obligation incurred by such a

contract by issuing bonds that, if otherwise necessary, have been

approved by the voters in the manner provided by this chapter.

(c) The district may deliver the district's bonds to the United

States or an agency or instrumentality of the United States, or

this state or an agency or instrumentality of this state, that

entered into a contract with 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. 8274.106. NOTICE OF ELECTION. The board president or

secretary may give notice of an election.

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

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

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8274.151. TAX METHOD. (a) The district shall use the ad

valorem plan of taxation.

(b) The board is not required to call or hold a hearing on the

adoption of a plan of taxation.

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. 8274.152. TAX TO PAY OBLIGATIONS INCURRED UNDER CONTRACT

FOR WATER PURCHASE. (a) If the tax is authorized at an election

held for that purpose in the manner provided by Section 49.107,

Water Code, the district may impose a tax and pledge the tax for

the payment of all or part of an obligation incurred under a

contract to purchase water.

(b) The election may be held in conjunction with an election

authorizing tax bonds or authorizing a maintenance tax.

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. 8274.153. DISTRICT ACCOUNTS. The district shall keep a

complete system of the district's accounts.

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. 8274.154. FISCAL YEAR. The fiscal year of the district is

from January 1 to December 31 of the same year.

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. 8274.155. COPY OF AUDIT REPORT. A copy of the audit report

prepared under Subchapter G, Chapter 49, Water Code, shall be

delivered:

(1) to each director; and

(2) to a holder of at least 25 percent of the outstanding bonds

of the district, on request.

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. 8274.156. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. The

district is not required to pay a tax or assessment on:

(1) district property; or

(2) a purchase made by 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. 8274.157. DEPOSITORY. (a) The board shall select one or

more banks in this state to act as depository for the district's

money.

(b) To the extent that money in the depository bank is not

insured by the Federal Deposit Insurance Corporation, the money

must be secured in the manner provided by law for the security of

county funds.

(c) A director may be a shareholder in a bank that is a

depository of district money.

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

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

SUBCHAPTER E. BONDS

Text of section effective on April 01, 2011

Sec. 8274.201. AUTHORITY TO ISSUE BONDS. The district may vote

and issue any kind of bonds or issue refunding bonds for

contiguous or noncontiguous areas for any district purpose.

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. 8274.202. USE OF BOND PROCEEDS OUTSIDE DISTRICT. The

proceeds from the sale of tax-supported district bonds may not be

spent outside the district unless the expenditure is absolutely

necessary to the operation of the district in the exercise of the

district's rights, powers, privileges, and functions.

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. 8274.203. USE OF BOND PROCEEDS DURING CONSTRUCTION. (a)

The district may appropriate or set aside out of the proceeds

from the sale of any bonds issued under this chapter an amount

for the payment of interest, administrative, and operating

expenses expected to accrue during a period of construction, as

may be provided in the bond orders or resolutions.

(b) For purposes of this section, the period of construction may

not exceed three years.

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. 8274.204. LOST OR MUTILATED BONDS. A trust indenture

securing bonds issued under this chapter may provide for the

issuance of bonds to replace lost or mutilated bonds.

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. 8274.205. REFUNDING BONDS. (a) By order or resolution

adopted by the board, the district may issue revenue refunding

bonds or tax-revenue refunding bonds to refund revenue bonds or

tax-revenue bonds, whether original bonds or refunding bonds,

previously issued by the district.

(b) The comptroller shall register the refunding bonds on the

surrender and cancellation of the bonds to be refunded.

(c) Instead of issuing bonds to be registered on the surrender

and cancellation of the bonds to be refunded, the district, in

the order or resolution authorizing the issuance of the refunding

bonds, may provide for the sale of the refunding bonds and the

deposit of the proceeds in the place or places where the bonds to

be refunded are payable. In that case, the refunding bonds may

be issued if an amount sufficient to pay the principal of and

interest on the bonds to be refunded to their maturity dates, or

to their option dates if according to their terms the bonds have

been called for payment before maturity, has been deposited in

the place or places where the bonds to be refunded are payable,

and the comptroller shall register the refunding bonds without

the surrender and cancellation of the bonds to be refunded.

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

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