CHAPTER 8297. HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8297. HAYS COUNTY MUNICIPAL UTILITY

DISTRICT NO. 6

For contingent expiration of this chapter, see Section 8297.004.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8297.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Hays County Municipal Utility District

No. 6.

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

961, Sec. 1, eff. June 15, 2007.

Sec. 8297.002. NATURE OF DISTRICT. The district is a municipal

utility district in Hays County created under and essential to

accomplish the purposes of Section 52, Article III, and Section

59, Article XVI, Texas Constitution.

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

961, Sec. 1, eff. June 15, 2007.

Sec. 8297.003. FINDINGS OF PUBLIC USE AND BENEFIT. (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 to be accomplished by the

district under powers conferred by Section 52, Article III, and

Section 59, Article XVI, Texas Constitution.

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

961, Sec. 1, eff. June 15, 2007.

Sec. 8297.004. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8297.023 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 Hays 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, 2012.

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

961, Sec. 1, eff. June 15, 2007.

Sec. 8297.005. 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.

961, Sec. 1, eff. June 15, 2007.

Sec. 8297.006. CONSTRUCTION OF CHAPTER. This chapter shall be

liberally construed in conformity with the findings and purposes

set forth in this chapter.

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

961, Sec. 1, eff. June 15, 2007.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Sec. 8297.025.

Sec. 8297.021. TEMPORARY DIRECTORS. (a) The temporary board

consists of:

(1) Sam McBride;

(2) Ken Austin;

(3) Mike Coble;

(4) Mike Schroeder; and

(5) David Fulkerson.

(b) If a temporary director fails to qualify for office, the

temporary directors who have qualified shall appoint a person to

fill the vacancy. If at any time there are fewer than three

qualified temporary directors, the Texas Commission on

Environmental Quality shall appoint the necessary number of

persons to fill all vacancies on the board.

(c) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8297.023; or

(2) the date this chapter expires under Section 8297.004.

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

961, Sec. 1, eff. June 15, 2007.

Sec. 8297.022. CONSENT OF MUNICIPALITY REQUIRED. (a) The

temporary directors may not hold an election under Section

8297.023 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.

(b) A resolution adopted by a municipality before April 1, 2007,

is not effective under this section.

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

961, Sec. 1, eff. June 15, 2007.

Sec. 8297.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

(a) 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.

(b) If a majority of the votes cast at the election favor the

creation of the district, the temporary directors shall declare

the district created. If a majority of the votes cast at the

election do not favor the creation of the district, the district

is not created. The temporary directors shall file a copy of the

election results with the Texas Commission on Environmental

Quality.

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

961, Sec. 1, eff. June 15, 2007.

Sec. 8297.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 8297.023 shall draw lots to determine which

two shall serve until the first regularly scheduled election of

directors and which three shall serve until the second regularly

scheduled election of directors.

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

961, Sec. 1, eff. June 15, 2007.

Sec. 8297.025. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2012.

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

961, Sec. 1, eff. June 15, 2007.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8297.051. 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.

961, Sec. 1, eff. June 15, 2007.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8297.101. 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.

961, Sec. 1, eff. June 15, 2007.

Sec. 8297.102. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR

RESOLUTIONS. The district shall comply with all applicable

requirements of any ordinance or resolution adopted by the city

council of the City of Dripping Springs that consents to the

creation of the district.

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

961, Sec. 1, eff. June 15, 2007.

Sec. 8297.103. LIMITATION ON USE OF EMINENT DOMAIN. The

district may exercise the power of eminent domain outside the

district only to acquire an easement necessary for a pipeline

that serves the district.

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

961, Sec. 1, eff. June 15, 2007.