CHAPTER 8292. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 67 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8292. MONTGOMERY COUNTY MUNICIPAL UTILITY

DISTRICT NO. 67

Text of effective on April 01, 2011

SUBCHAPTER A. GENERAL PROVISIONS

Text of section effective on April 01, 2011

Sec. 8292.001. 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 Montgomery County Municipal Utility

District No. 67.

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. 8292.002. NATURE OF DISTRICT. The district is a

conservation and reclamation district in Montgomery 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. 8292.003. 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.

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. 8292.004. DISTRICT TERRITORY. (a) The district is

composed of the territory described by Section 3, Chapter 756,

Acts of the 69th Legislature, Regular Session, 1985, 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 district's right to issue any type of bonds for a

purpose for which the district is created or to pay the principal

of and interest on the bonds;

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

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

board.

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. 8292.051. COMPOSITION OF BOARD; TERMS. (a) The district

is governed by a board of five elected 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.

Text of section effective on April 01, 2011

Sec. 8292.052. BOARD VACANCY. (a) Except as provided by

Subsection (b), if a director fails to qualify for office, the

remaining directors shall appoint a person to fill the vacancy

until the next election of directors for the district. If the

vacant position is not regularly scheduled to be filled at that

election, the person elected at that election to fill the vacancy

serves only for the unexpired term.

(b) If at any time there are fewer than three qualified

directors, the Texas Commission on Environmental Quality shall

appoint, on petition of a landowner in the district, the

necessary number of directors to fill all vacancies on the board.

Persons appointed under this subsection serve the same terms as

provided for persons appointed under Subsection (a).

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. 8292.101. MUNICIPAL UTILITY DISTRICT POWERS. The district

has the rights, powers, privileges, and functions provided by

general law applicable to a municipal utility district created

under Section 59, Article XVI, Texas Constitution, including

Chapters 49 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. 8292.102. WATER CONSERVATION PROGRAM. (a) In this

section, "program of water conservation" means the practices,

techniques, and technologies that will reduce water consumption,

reduce water loss or waste, improve efficiency in water use, or

increase water recycling and reuse so that a water supply is

available for future or alternative uses.

(b) The district shall adopt and implement a program of water

conservation consistent with rules and criteria adopted and

enforceable by the Texas Commission on Environmental Quality for

similarly situated districts in the region.

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

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