Law:Title 6. Water And Wastewater. Subtitle F. Municipal Utility Districts from Chapter 8106. Bammel Utility District (Texas)

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Subtitle F. Municipal Utility Districts

Contents

Chapter 8106. Bammel Utility District

Subchapter A. General Provisions

Section 8106.001.  Definitions.

In this chapter:

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

(2)  "District" means the Bammel Utility District.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.002.  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 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.003.  Finding Of Benefit And Public Purpose.

(a) The legislature finds that:

(1)  the district is created to serve a public use and benefit; and

(2)  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.

(b)  The creation of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

(c)  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 properties 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 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.004.  District Territory.

(a) The district is composed of the territory described by Section 2, Chapter 357, Acts of the 61st Legislature, Regular Session, 1969 (Article 8280-438, Vernon's Texas Civil Statutes), as that territory may have been modified under:

(1)  Subchapter O, Chapter 51, Water Code, before September 11, 1978;

(2)  Subchapter H, Chapter 54, Water Code;

(3)  Subchapter J, Chapter 49, Water Code;

(4)  this chapter; or

(5)  other law.

(b)  The boundaries and field notes of the district contained in Section 2, Chapter 357, Acts of the 61st Legislature, Regular Session, 1969 (Article 8280-438, Vernon's Texas Civil Statutes), form a closure.  If a mistake is made in the field notes or in copying the field notes in the legislative process, the mistake does not affect:

(1)  the district's organization, existence, and 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 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.005.  Confirmation Election Not Required.

It is not necessary for the board to call or hold a confirmation election to confirm the district's creation.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Subchapter B. District Administration

Section 8106.051.  Composition Of Board.

The board consists of five directors.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.052.  Director's Bond.

(a) Each director shall execute a bond in the amount of $5,000 for the faithful performance of the director's duties.

(b)  The bond must be recorded in a record book kept for that purpose in the district office.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.053.  Board Vacancy.

(a) Except as provided by Subsection (b), a vacancy in the office of director shall be filled in the manner provided by Section 49.105, Water Code.

(b)  The county judge of the county in which the district is located shall appoint directors to fill all of the vacancies on the board whenever the number of qualified directors is fewer than three.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.054.  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 each county in which the district is located; and

(2)  publishing notice of the location of the office in a newspaper of general circulation in each 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 district 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 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.055.  Absence Of President From Board Meeting.

If the board president is absent from a board meeting:

(1)  the board vice president may:

(A)  sign an order adopted at the meeting; or

(B)  implement any other action taken at the meeting; or

(2)  the board may authorize the president to sign the order or implement the action.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Subchapter C. Powers And Duties

Section 8106.101.  General Powers And Duties.

The district has all of the rights, powers, privileges, authority, and functions conferred by the general laws of the state relating to municipal utility districts created under Section 59, Article XVI, Texas Constitution, including those conferred by Chapters 49 and 54, Water Code.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.102.  Additional Powers And Duties.

(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 boundaries of the district; and

(B)  necessary 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 district land and property 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 lands 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 general law.

(b)  A contract under Subsection (a)(2) may not have a duration of more than 40 years.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.103.  Eminent Domain.

The district may exercise the power of eminent domain only:

(1)  in a county in which the district is located; and

(2)  when necessary to carry out the purposes for which the district was created.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.104.  Cost Of Relocating Or Altering Property.

(a) In this section, the term "sole expense" means the actual cost of the action required under Subsection (b) to provide a comparable replacement without enhancing the facility, after deducting the net salvage value derived from the old facility.

(b)  If the district's exercise of eminent domain or of another power conferred by this chapter requires relocating, raising, rerouting, or changing the grade of, or altering the construction of any highway, railroad, electric transmission line, telegraph or telephone property and facility, or pipeline, the action shall be accomplished at the sole expense of the district.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.105.  Contract For Purchase Of Water, Sewer, Or Drainage Services; Election Not Required.

(a) The district may enter into a contract with a political subdivision for water, sewer, or drainage services or any combination of those services without the necessity of an election by any contracting party.

(b)  The district may pay for an obligation incurred by entering into a contract under this section by issuing bonds that, if otherwise necessary, have been approved by the voters in the manner provided by this chapter.

(c)  The district may deliver the district's bonds to any of the following parties that enters into a contract with the district under this section:

(1)  the United States;

(2)  an agency or instrumentality of the United States;

(3)  this state; or

(4)  an agency or instrumentality of this state.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.106.  Notice Of Election.

The board president or secretary may give notice of an election.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.107.  District Rules.

The district shall adopt and enforce reasonable and effective rules to secure and maintain safe, sanitary, and adequate plumbing installations, connections, and appurtenances as subsidiary parts of the district's sewerage system to preserve the quality of water within or controlled by the district.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Subchapter D. General Financial Provisions

Section 8106.151.  Tax Method.

(a) The board shall use the ad valorem plan of taxation.

(b)  The board is not required to hold a hearing on the adoption of a plan of taxation.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.152.  District Accounts.

The district shall keep a complete system of the district's accounts.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.153.  Copy Of Audit Report.

A copy of the audit report prepared under Subchapter G, Chapter 49, Water Code, shall be delivered upon request to a holder of at least 25 percent of the outstanding bonds of the district.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.154.  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 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.



Section 8106.155.  Director As Shareholder In Depository.

A director may be a shareholder in a depository of district funds.

Added by Acts 2005, 79th Leg., Ch. 729, Sec. 1.06, eff. April 1, 2007.


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