CHAPTER 8107. SUNRISE MUNICIPAL UTILITY DISTRICT OF HUNT COUNTY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8107. SUNRISE MUNICIPAL UTILITY DISTRICT OF HUNT COUNTY
For contingent expiration of this chapter, see Sec. 8107.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8107.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Director" means a member of the board.
(3) "District" means the Sunrise Municipal Utility District of
Hunt County.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.002. NATURE OF DISTRICT. The district is a municipal
utility district in Hunt County created under and essential to
accomplish the purposes of Section 52, Article III, and Section
59, Article XVI, Texas Constitution. The district is created to
serve a public use and benefit.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8107.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Hunt 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, 2010.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.004. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 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; or
(3) the legality or operation of the board.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8107.025
Sec. 8107.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Eugene Bragg Smith III;
(2) Christopher M. Cook;
(3) Roger Lee Andres;
(4) Joseph John Radecki; and
(5) David Ian Rouble.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of
persons to fill all vacancies on the board.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8107.023; or
(2) the date this chapter expires under Section 8107.003.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 49.055, Water Code, the temporary
directors shall convene the organizational meeting of the
district at a location in the district agreeable to a majority of
the directors. If a location cannot be agreed upon, the
organizational meeting shall be at the Hunt County Courthouse.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
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.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8107.023 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors under Section 8107.052 and which three shall serve
until the second regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8107.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.052. 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 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8107.101. 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 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.102. ROAD PROJECTS. (a) The district may construct,
acquire, improve, maintain, or operate macadamized, graveled, or
paved roads or turnpikes, or improvements in aid of those roads
or turnpikes, inside or outside the district.
(b) A project authorized by this section must meet only the
construction standards adopted by the North Central Texas Council
of Governments, or its successor agency.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.103. ROAD CONTRACTS. The district may contract for a
road project in the same manner as provided by Subchapter I,
Chapter 49, Water Code.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.104. WATER CONTROL AND STORAGE PROJECTS. (a) The
district may construct, acquire, improve, enlarge, extend,
repair, or maintain dams, levees, walls, dikes, embankments,
canals, reservoirs, lakes, or other improvements as necessary to
control, store, or preserve water in the district for any useful
purpose.
(b) The district may overflow and inundate district lands and
other district property in the district.
(c) A project authorized by this section is subject to all
applicable permitting and regulatory requirements.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.105. CERTIFICATE OF CONVENIENCE AND NECESSITY. (a)
The district may pay out of bond proceeds or other available
district money all expenses, including legal, engineering, and
other fees, related to obtaining a new certificate of convenience
and necessity under Chapter 13, Water Code, authorizing the
district to provide retail water or sewer service inside or
outside the district.
(b) The district may pay out of bond proceeds or other available
district money all expenses, including the purchase price,
related to acquiring certificate of convenience and necessity
rights from another retail public utility to allow the district
to provide retail water or sewer service in the district.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.106. CONTRACT WITH POLITICAL SUBDIVISION FOR WATER OR
SEWER SERVICES. (a) The district may enter into a contract to
allow a political subdivision to provide retail water or sewer
service in the district. The contract may contain terms the
board considers desirable, fair, and advantageous to the
district.
(b) The contract may provide that the district will construct or
acquire and convey to the political subdivision a water supply or
treatment system, a water distribution system, or a sanitary
sewage collection or treatment system, as necessary to provide
water or sewer service in the district.
(c) The district may use bond proceeds or other available
district money to pay for its obligations and for services and
facilities provided under the contract.
(d) If the contract requires the district to make payments from
taxes other than operation and maintenance taxes, the contract is
subject to Section 49.108, Water Code.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8107.151. OPERATION AND MAINTENANCE TAX. (a) The district
may impose a tax for any district operation and maintenance
purpose in the manner provided by Section 49.107, Water Code.
(b) Section 49.107(f), Water Code, does not apply to
reimbursements for projects constructed or acquired under Section
8107.102.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.152. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of and interest on bonds issued under
Section 8107.201.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company as defined
by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or 121.001,
Utilities Code;
(3) a telecommunications provider as defined by Section 51.002,
Utilities Code;
(4) a cable operator, as defined by 47 U.S.C. Section 522; or
(5) a person who provides to the public advanced
telecommunications services.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
SUBCHAPTER E. BONDS
Sec. 8107.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
(a) The district may issue bonds or other obligations as
provided by Chapters 49 and 54, Water Code, and to finance:
(1) the construction, maintenance, or operation of projects
under Sections 8107.102 and 8107.104; or
(2) the district's contractual obligations under Section
8107.106.
(b) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxation to finance
projects authorized by Section 8107.102 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 8107.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to a
project undertaken by the district under Section 8107.102 or to
bonds issued by the district to finance the project.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8107.251. DIVISION OF DISTRICT; REQUIREMENTS. (a) At any
time before the district issues indebtedness secured by taxes or
net revenues, the district, including any annexed territory, may
be divided into two or more new districts.
(b) A new district created by division of the district must be
at least 100 acres.
(c) The board may consider a proposal to divide the district on:
(1) a petition of a landowner in the district; or
(2) a motion by the board.
(d) If the board decides to divide the district, the board
shall:
(1) set the terms of the division, including names for the new
districts and a plan for the payment or performance of any
outstanding district obligations; and
(2) prepare a metes and bounds description for each proposed
district.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.252. ELECTION FOR DIVISION OF DISTRICT. (a) After
the board has complied with Section 8107.251(d), the board shall
hold an election in the district to determine whether the
district should be divided as proposed.
(b) The board shall give notice of the election not later than
the 35th day before the date of the election. The notice must
state:
(1) the date and location of the election; and
(2) the proposition to be voted on.
(c) If a majority of the votes cast are in favor of the
division:
(1) the district shall be divided; and
(2) not later than the 30th day after the date of the election,
the district shall provide written notice of the division to:
(A) the Texas Commission on Environmental Quality;
(B) the attorney general;
(C) the commissioners court of each county in which a new
district is located; and
(D) any municipality having extraterritorial jurisdiction over
territory in each new district.
(d) If a majority of the votes cast are not in favor of the
division, the district may not be divided.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.253. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a) Not
later than the 90th day after the date of an election in favor of
the division of the district, the board shall:
(1) appoint itself as the board of one of the new districts; and
(2) appoint five directors for each of the other new districts.
(b) Directors appointed under Subsection (a)(1) serve the
staggered terms to which they were elected in the original
district. Directors appointed under Subsection (a)(2) serve
until the election for directors under Subsection (c).
(c) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, an election shall be held to elect five directors in
each district for which directors were appointed under Subsection
(a)(2). The directors shall draw lots to determine which two
shall serve two-year terms and which three shall serve four-year
terms.
(d) Except as provided by Subsection (c), directors serve
staggered four-year terms. On the uniform election date in May
of each even-numbered year, the appropriate number of directors
shall be elected.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.254. CONTINUING POWERS AND OBLIGATIONS OF NEW
DISTRICTS. (a) Each new district may incur and pay debts and
has all powers of the original district created by this chapter.
(b) If the district is divided as provided by this subchapter,
the current obligations and any bond authorizations of the
district are not impaired. Debts shall be paid by revenues or by
taxes or assessments imposed on real property in the district as
if the district had not been divided or by contributions from
each new district as stated in the terms set by the board under
Section 8107.251(d).
(c) Any other district obligation shall be divided pro rata
among the new districts on an acreage basis or on other terms
that are satisfactory to the new districts.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.
Sec. 8107.255. CONTRACT AUTHORITY OF NEW DISTRICTS. The new
districts may contract with each other for:
(1) water and wastewater services; or
(2) any other matter the boards of the new districts consider
appropriate.
Added by Acts 2005, 79th Leg., Ch.
519, Sec. 1, eff. June 17, 2005.