CHAPTER 8106. BAMMEL UTILITY DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8106. BAMMEL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.