CHAPTER 8128. SCHERTZ MUNICIPAL UTILITY DISTRICT NO. 1
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8128. SCHERTZ MUNICIPAL UTILITY DISTRICT NO. 1
For contingent expiration of this chapter, see Sec. 8128.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8128.001. 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 Schertz Municipal Utility District No.
1.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.002. NATURE OF DISTRICT. The district is a municipal
utility district in Bexar County created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8128.022 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 the City of Schertz; 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.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.004. 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.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.005. APPLICABILITY OF OTHER LAW. Except as otherwise
provided by this chapter, Chapters 30, 49, and 54, Water Code,
apply to the district.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8128.024
Sec. 8128.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Bill K. Benton;
(2) Gina L. Fann;
(3) Christopher K. Price;
(4) Barbara Boyer Simpson; and
(5) Suzette M. Smith.
(b) Temporary directors of the district are not required to own
land in or be residents of the district.
(c) 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.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8128.022; or
(2) the date this chapter expires under Section 8128.003.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.022. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary directors shall hold an election to confirm
the creation of the district and to elect five initial directors
as provided by Section 49.102, Water Code.
(b) At the confirmation and initial directors' election the
board may submit to the voters a proposition to authorize:
(1) an issuance of bonds;
(2) a maintenance tax; or
(3) a tax to fund payments required under a contract.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
section.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.023. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8128.022 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors under Section 8128.052 and which three shall serve
until the second regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8128.051. 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.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.052. 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.
445, Sec. 1, eff. September 1, 2005.
SUBCHAPTER C. DIVISION OF DISTRICT TO MULTIPLE DISTRICTS
Sec. 8128.101. 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 by resolution may declare an intent to divide the
district. The resolution must:
(1) set the terms of the division, including a plan for the
payment or performance of any outstanding district obligations;
and
(2) contain a metes and bounds description for each new
district.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.102. DISTRICT DIVISION BY ELECTION. (a) The board
shall hold an election in the district to determine whether the
district should be divided as proposed under Section 8128.101.
(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 are cast in favor of the
division, the district is divided.
(d) If less than a majority of the votes are cast in favor of
the division, the district may not be divided.
(e) The resulting new districts are separate districts and shall
be governed as separate districts.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.103. NOTICE OF DIVISION. Not later than the 30th day
after the date of a division under this subchapter, the district
shall provide written notice of the plan for division to:
(1) the Texas Commission on Environmental Quality;
(2) the attorney general;
(3) the commissioners court of each county in which a new
district is located; and
(4) each municipality having extraterritorial jurisdiction over
territory in a new district.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.104. DISTRICT NAMES FOLLOWING DIVISION. The resulting
new districts are assigned consecutive letters to be appended to
the name of the original district.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.105. 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) A director appointed under Subsection (a)(1) serves the term
to which that director was elected in the original district. A
director appointed under Subsection (a)(2):
(1) serves until the election for directors under Subsection
(c); and
(2) is not required to own land in or reside in the district for
which the director is appointed.
(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). Of the five directors elected in each district, the
three directors receiving the greatest number of votes shall
serve until the second regularly scheduled election of directors
under Subsection (d), and the remaining two directors shall serve
until the first regularly scheduled election of directors.
(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.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.106. 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 in the
plan for division.
(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.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.107. 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.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.108. BOND ISSUANCE BY NEW DISTRICT. A new district
may issue bonds payable wholly or partially from ad valorem taxes
on the approval of a majority of the residents voting in an
election called and held for that purpose.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.
Sec. 8128.109. MAINTENANCE TAX APPROVAL FOR NEW DISTRICT. A new
district may impose a maintenance tax on the approval of a
majority of the residents voting in an election called and held
for that purpose.
Added by Acts 2005, 79th Leg., Ch.
445, Sec. 1, eff. September 1, 2005.