CHAPTER 8301. TRUE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8301. TRUE RANCH MUNICIPAL UTILITY DISTRICT NO. 1

For contingent expiration of this chapter, see Section 8301.003.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8301.001. DEFINITIONS. In this chapter:

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

(2) "Director" means a board member.

(3) "District" means the True Ranch Municipal Utility District

No. 1.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.001 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Sec. 8301.002. NATURE OF DISTRICT. The district is a municipal

utility district in Hays County created under and essential to

accomplish the purposes of Section 59, Article XVI, Texas

Constitution.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.002 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Sec. 8301.003. CONFIRMATION ELECTION REQUIRED. If the creation

of the district is not confirmed at a confirmation election held

under Section 8301.023 before September 1, 2012:

(1) the district is dissolved September 1, 2012, 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, 2015.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.003 and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.002(23), eff. September 1, 2009.

Sec. 8301.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All

land and other property in the district will benefit from the

works and projects to be accomplished by the district under

powers conferred by Section 59, Article XVI, Texas Constitution.

(b) The district is created to serve a public use and benefit.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.004 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Sec. 8301.005. INITIAL DISTRICT TERRITORY. (a) The district is

initially composed of the territory described by Section 10.02 of

the Act creating this chapter.

(b) The boundaries and field notes contained in Section 10.02 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 right of the district to issue bonds, notes, or other

indebtedness or to pay the principal of and interest on a bond;

(4) the validity of the district's bonds, notes, or other

indebtedness; or

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

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.005 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

SUBCHAPTER A-1. TEMPORARY PROVISIONS

For expiration of this subchapter, see Section 8301.026.

Sec. 8301.021. TEMPORARY DIRECTORS. (a) On or after September

1, 2007, a person who owns land in the district may submit a

petition to the Texas Commission on Environmental Quality

requesting that the commission appoint as temporary directors the

five persons named in the petition.

(b) The commission shall appoint as temporary directors the five

persons named in the first petition received by the commission

under Subsection (a).

(c) If a temporary director fails to qualify for office or if a

vacancy occurs in the office of temporary director, the vacancy

shall be filled as provided by Section 49.105, Water Code.

(d) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section 8301.023; or

(2) the date this chapter expires under Section 8301.003.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.021 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Amended by:

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

87, Sec. 27.002(24), eff. September 1, 2009.

Sec. 8301.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.

As soon as practicable after all the temporary directors have

qualified under Section 49.055, Water Code, the directors shall

meet at a location in the district agreeable to a majority of the

directors. If a location cannot be agreed upon, the meeting

shall be at the Hays County Courthouse. At the meeting, the

temporary directors shall elect officers from among the temporary

directors and conduct any other district business.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.022 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Sec. 8301.023. 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) Section 41.001(a), Election Code, does not apply to a

confirmation and initial directors' election held under this

section.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.023 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Sec. 8301.024. INITIAL ELECTED DIRECTORS; TERMS. The directors

elected under Section 8301.023 shall draw lots to determine which

two serve until the first regularly scheduled election of

directors under Section 8301.052 and which three shall serve

until the second regularly scheduled election of directors.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.024 and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.002(25), eff. September 1, 2009.

Sec. 8301.025. DATE OF FIRST REGULARLY SCHEDULED ELECTION OF

DIRECTORS. The board by order may postpone the first election

under Section 8301.052 following the confirmation and initial

directors' election held under Section 8301.023 if:

(1) the election would otherwise occur not later than the 60th

day after the date on which the confirmation election is held; or

(2) the board determines that there is not sufficient time to

comply with the requirements of law and to order the election.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.025 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Renumbered from Special District Local Laws Code, Section

8269.025 and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.002(26), eff. September 1, 2009.

Sec. 8301.026. EXPIRATION OF SUBCHAPTER. This subchapter

expires September 1, 2015.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.026 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8301.051. 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.

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.051 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Sec. 8301.052. ELECTION OF DIRECTORS. On the uniform election

date in May of each even-numbered year, the appropriate number of

directors shall be elected.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.052 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8301.101. GENERAL POWERS AND DUTIES. The district has the

powers and duties necessary to accomplish the purposes for which

the district is created.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.101 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Sec. 8301.102. 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.

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.102 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Sec. 8301.103. ROAD PROJECTS. (a) To the extent authorized by

Section 52, Article III, Texas Constitution, the district may

construct, acquire, improve, maintain, or operate arterials or

main feeder roads or improvements in aid of those roads.

(b) A road project must meet all applicable construction

standards, zoning and subdivision requirements, and regulatory

ordinances of the municipality or county in whose jurisdiction

the district is located.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.103 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Sec. 8301.104. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR

RESOLUTIONS. Subject to the limitations of Section 54.016, Water

Code, the district shall comply with all valid and applicable

requirements of any ordinance or resolution adopted by a

municipality in the corporate limits or extraterritorial

jurisdiction of which the district is located, including an

ordinance or resolution adopted before September 1, 2007, that

consents to the creation of the district or to the inclusion of

lands within the district.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.104 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8301.151. ELECTIONS REGARDING TAXES OR BONDS. (a) Except

as provided by Section 8301.201(b), the district may issue,

without an election, bonds and other obligations secured by

revenue or contract payments from any source other than ad

valorem taxation.

(b) The district must hold an election in the manner provided by

Chapters 49 and 54, Water Code, to obtain voter approval before

the district may impose an operation and maintenance tax or issue

bonds payable from ad valorem taxes.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.151 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Amended by:

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

87, Sec. 27.002(27), eff. September 1, 2009.

Sec. 8301.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 8301.151, the

district may impose an operation and maintenance tax on taxable

property in the district in accordance with Section 49.107, Water

Code.

(b) The board shall determine the tax rate. The rate may not

exceed the rate approved at the election.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.152 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Amended by:

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

87, Sec. 27.002(28), eff. September 1, 2009.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8301.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.

(a) The district may issue bonds or other obligations payable

wholly or partly from ad valorem taxes, impact fees, revenue,

grants, or other district money, or any combination of those

sources, to pay for any authorized district purpose.

(b) The district may not issue bonds to finance projects

authorized by Section 8301.103 unless the issuance is approved by

a vote of a two-thirds majority of the voters of the district

voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance

projects authorized by Section 8301.103 may not exceed one-fourth

of the assessed value of the real property in the district.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.201 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.

Amended by:

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

87, Sec. 27.002(29), eff. September 1, 2009.

Sec. 8301.202. TAXES FOR BONDS. At the time bonds payable

wholly or partly from ad valorem taxes are issued:

(1) the board shall impose a continuing direct annual ad valorem

tax, without limit as to rate or amount, for each year that all

or part of the bonds are outstanding; and

(2) the district annually shall impose an ad valorem tax on all

taxable property in the district in an amount sufficient to:

(A) pay the interest on the bonds as the interest becomes due;

(B) create a sinking fund for the payment of the principal of

the bonds when due or the redemption price at any earlier

required redemption date; and

(C) pay the expenses of imposing the taxes.

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

1430, Sec. 10.01, eff. June 16, 2007.

Renumbered from Special District Local Laws Code, Section

8269.202 by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 27.001(84), eff. September 1, 2009.