CHAPTER 6901. BAYVIEW MUNICIPAL UTILITY DISTRICT OF GALVESTON COUNTY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE B. FRESH WATER SUPPLY DISTRICTS
CHAPTER 6901. BAYVIEW MUNICIPAL UTILITY DISTRICT OF GALVESTON
COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6901.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the Bayview Municipal Utility District of
Galveston County, Texas.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 6901.002. NATURE OF DISTRICT. The Bayview Municipal
Utility District of Galveston County is:
(1) a conservation and reclamation district established under
Section 59, Article XVI, Texas Constitution; and
(2) a fresh water supply district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 6901.003. DECLARATION AND FINDINGS. (a) The legislature
declares that the district is:
(1) essential to the accomplishment of the purposes of Section
59, Article XVI, Texas Constitution; and
(2) a municipal corporation.
(b) 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 district are,
and will be, benefited by the creation of the district and the
improvements that the district purchases, constructs, or
otherwise acquires.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 6901.004. TERRITORY OF DISTRICT. The district is composed
of the territory described by Section 1, Chapter 245, Acts of the
58th Legislature, Regular Session, 1963 (V.A.C.S. Art. 8280-287),
as that territory may have been modified under:
(1) Section 6901.058 or its predecessor statute, Section 5,
Chapter 245, Acts of the 58th Legislature, Regular Session, 1963
(V.A.C.S. Art. 8280-287);
(2) Chapter 4, Title 128, Revised Statutes, before August 30,
1971;
(3) Subchapter G, Chapter 53, Water Code, before September 1,
1995;
(4) Subchapter J, Chapter 49, Water Code; or
(5) other law.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 6901.051. GENERAL POWERS AND DUTIES. The district has all
the rights, powers, privileges, and duties conferred and imposed
by a general law of this state on a fresh water supply district
created under Section 59, Article XVI, Texas Constitution,
including Chapters 49 and 53, Water Code.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 6901.053. BOARD OF DIRECTORS. The board consists of five
directors.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 6901.054. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
boundaries of the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 6901.055. LIMITATION ON LENGTH OF CERTAIN CONTRACTS. A
district contract for the purchase or sale of water may not
exceed 40 years.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 6901.056. INSTALLMENT OF STREET LIGHTS. (a) After voter
approval, the district may:
(1) install, operate, and maintain street lighting within a
public utility easement or public right-of-way inside the
district's boundaries; and
(2) assess the cost of installing, operating, and maintaining
the street lighting as an additional charge in the monthly
billings of the district's customers.
(b) This section does not authorize the district to install,
operate, or maintain street lighting on a right-of-way that is
part of the designated state highway system.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 6901.057. DISTRICT TAX ASSESSOR AND COLLECTOR. (a) The
board shall appoint a tax assessor and collector for the district
for a period not to exceed the term of office of the directors
making the appointment.
(b) The district's tax assessor and collector is not required to
be a resident or voter of the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 6901.058. ADDITION OF TERRITORY TO DISTRICT. (a) In
addition to the method of adding territory to a district provided
by Subchapter J, Chapter 49, Water Code, the district may add
territory as provided by this section.
(b) The owner or owners of land may request by petition that the
board include the land in the district.
(c) A petition under Subsection (b) must be filed with the board
and describe the land to be added to the district. The
description may be by metes and bounds or by lot and block
number. The petition must be signed and executed in the manner
provided by law for the conveyance of real estate.
(d) The board shall hear and consider a petition filed under
this section. The board may add the land to the district if the
board considers the addition to be to the advantage of the
district.
(e) A petition granted under this section shall be filed and
recorded in the deed records of Galveston County.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 6901.059. ACQUISITION OF IMPROVEMENTS. The district may
make, construct, or otherwise acquire improvements inside or
outside the district that are necessary or convenient to execute
a power granted to the district under this chapter or a general
law described in Section 6901.051.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 6901.060. COST OF RELOCATING PROPERTY. (a) In this
section " sole expense" means the actual cost of the relocating,
raising, lowering, rerouting, changing the grade of, or altering
the construction of a facility described in Subsection (b) in
providing comparable replacement without enhancement of the
facility, after deducting from that cost the net salvage value of
the old facility.
(b) If the district, in the exercise of the power of eminent
domain or relocation or another power granted under this chapter,
makes necessary the relocating, raising, rerouting, changing the
grade of, or altering the construction of a highway, a railroad,
an electric transmission line, telephone or telegraph properties
and facilities, or a pipeline, the necessary relocating, raising,
rerouting, changing of grade, or alteration of construction shall
be accomplished at the sole expense of the district.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Sec. 6901.061. DEFINED AREAS. (a) Notwithstanding the
limitation on authorization based on acreage under Section
54.801(a), Water Code, the district may establish and administer
defined areas as provided by Subchapter J, Chapter 54, Water
Code.
(b) Under Section 52, Article III, Texas Constitution, the
district may construct, acquire, improve, maintain, or operate in
a defined area established under this section:
(1) macadamized, graveled, or paved roads; or
(2) improvements, including storm drainage, in aid of those
roads.
(c) The district may issue bonds or other obligations as
provided by Chapters 49 and 53, Water Code, to finance the
construction, acquisition, improvement, maintenance, or operation
of projects under Subsection (b).
(d) The district may impose an ad valorem tax on real property
in a defined area to pay the principal of or interest on bonds
issued under Subsection (c) to finance projects benefiting the
defined area.
(e) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxes to finance a project
authorized by Subsection (b) unless the issuance is approved by a
vote of a two-thirds majority of the voters of the defined area
to be benefited by the project as provided by Subchapter J,
Chapter 54, Water Code, voting at an election called for that
purpose. The simple majority vote approval required by Section
54.808(a), Water Code, does not apply to an election under this
subsection.
(f) At the time of issuance, the total principal amount of bonds
or other obligations issued or incurred to finance projects
authorized by Subsection (b) benefiting a defined area may not
exceed one-fourth of the assessed value of the real property in
the defined area.
Added by Acts 2009, 81st Leg., R.S., Ch.
1069, Sec. 1, eff. June 19, 2009.