CHAPTER 8338. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 161 - Texas Statutes

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8338. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 161

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8338.001. DEFINITION. In this chapter, "district" means

the Fort Bend County Municipal Utility District No. 161.

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

490, Sec. 1, eff. June 19, 2009.

Sec. 8338.002. NATURE AND PURPOSES OF DISTRICT. (a) The

district is a municipal utility district created under and

essential to accomplish the purposes of Section 59, Article XVI,

Texas Constitution.

(b) The district is essential to accomplish the purposes of

Section 52, Article III, Texas Constitution, that relate to the

construction, acquisition, or improvement of macadamized,

graveled, or paved roads described by Section 54.234, Water Code,

or improvements, including storm drainage, in aid of those roads.

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

490, Sec. 1, eff. June 19, 2009.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 8338.051. GENERAL POWERS AND DUTIES. The district has the

powers and duties necessary to accomplish the purposes described

by Section 8338.002.

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

490, Sec. 1, eff. June 19, 2009.

Sec. 8338.052. 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 2009, 81st Leg., R.S., Ch.

490, Sec. 1, eff. June 19, 2009.

Sec. 8338.053. AUTHORITY FOR ROAD PROJECTS. (a) Under Section

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

acquire, construct, finance, issue bonds for, improve, and convey

to this state, a county, or a municipality for operation and

maintenance macadamized, graveled, or paved roads described by

Section 54.234, Water Code, or improvements, including storm

drainage, in aid of those roads.

(b) The district may exercise the powers provided by this

section without submitting a petition to or obtaining approval

from the Texas Commission on Environmental Quality as required by

Section 54.234, Water Code.

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

490, Sec. 1, eff. June 19, 2009.

Sec. 8338.054. APPROVAL OF ROAD PROJECT. (a) The district may

not undertake a road project authorized by Section 8338.053

unless:

(1) each municipality or county that will operate and maintain

the road has approved the plans and specifications of the road

project, if a municipality or county will operate and maintain

the road; or

(2) the Texas Transportation Commission has approved the plans

and specifications of the road project, if the state will operate

and maintain the road.

(b) Except as provided by Subsection (a), the district is not

required to obtain approval from the Texas Transportation

Commission to design, acquire, construct, finance, issue bonds

for, improve, or convey a road project.

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

490, Sec. 1, eff. June 19, 2009.

Sec. 8338.055. LIMITATION ON USE OF EMINENT DOMAIN. The

district may not exercise the power of eminent domain outside the

district to acquire a site or easement for a road project

authorized by Section 8338.053.

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

490, Sec. 1, eff. June 19, 2009.

SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS

Sec. 8338.101. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS

FOR ROAD PROJECTS. (a) The district may issue bonds or other

obligations payable wholly or partly from ad valorem taxes,

impact fees, revenue, contract payments, grants, or other

district money, or any combination of those sources, to pay for a

road project authorized by Section 8338.053.

(b) The district may not issue bonds payable from ad valorem

taxes to finance a road project unless the issuance is approved

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

at an election held for that purpose.

(c) At the time of issuance, the total principal amount of bonds

or other obligations issued or incurred to finance road projects

and payable from ad valorem taxes may not exceed one-fourth of

the assessed value of the real property in the district.

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

490, Sec. 1, eff. June 19, 2009.

Sec. 8338.102. TAXES FOR BONDS. At the time the district issues

bonds payable wholly or partly from ad valorem taxes, the

district shall provide for the annual imposition of a continuing

direct ad valorem tax, without limit as to rate or amount, while

all or part of the bonds are outstanding as required and in the

manner provided by Sections 54.601 and 54.602, Water Code.

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

490, Sec. 1, eff. June 19, 2009.