CHAPTER 8278. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 132 OF HARRIS COUNTY, TEXAS - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8278. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT

DISTRICT NO. 132 OF HARRIS COUNTY, TEXAS

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8278.001. 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 Water Control and

Improvement District No. 132 of Harris County, Texas.

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. 8278.002. 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. 8278.003. 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. 8278.004. DISTRICT TERRITORY. (a) The district is composed

of the territory described by Section 2, Chapter 144, 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 144, 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. 8278.005. 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) assume the petitioners' pro rata share of the voted but

unissued 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 part 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. 8278.006. STATE POLICY REGARDING WASTE DISPOSAL. The

district's powers and duties 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.

SUBCHAPTER B. DISTRICT ADMINISTRATION

Text of section effective on April 01, 2011

Sec. 8278.051. COMPOSITION OF BOARD. The board consists of five

elected directors.

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. 8278.052. APPOINTMENT OF TREASURER. The board may appoint

the treasurer.

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. 8278.053. DIRECTOR'S AND TREASURER'S BONDS. (a) Each

director shall qualify by giving bond in the amount of $5,000 for

the faithful performance of the director's duties.

(b) The treasurer shall give bond in the amount required by the

board. The treasurer's bond shall be conditioned on the

treasurer's faithful accounting for all money that comes into the

treasurer's custody as treasurer 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. 8278.054. 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. 8278.055. 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 the county in

which the district is located; and

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

newspaper of general circulation in the county in which the

district is located.

(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. 8278.101. 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 or sewerage service.

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. 8278.102. ADDITIONAL POWERS. (a) The district may:

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

property, works, facilities, existing improvements, or

improvements to be made, constructed, or acquired that are:

(A) inside or outside the district's boundaries; and

(B) necessary or useful 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;

(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 relating to municipal utility districts.

(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. 8278.103. EMINENT DOMAIN. The district may exercise the

power of eminent domain only in the county in which the district

is located.

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. 8278.104. 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

makes necessary the relocation, raising, lowering, 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. 8278.105. NOTICE OF ELECTION. The board president or

secretary may give notice of an election. (Acts 61st Leg., R.S.,

Ch. 144, Sec. 19 (part).)

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. 8278.151. 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. 8278.152. 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. 8278.153. 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. 8278.154. 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. 8278.155. 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. 8278.156. 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. 8278.201. AUTHORITY TO ISSUE BONDS. The district may issue

bonds to provide water and sewer service to areas inside or

outside the boundaries of the district, regardless of whether the

areas are contiguous or noncontiguous.

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. 8278.202. 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. 8278.203. 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. 8278.204. REFUNDING BONDS. (a) By order or resolution

adopted by the board, the district may issue tax or 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.