CHAPTER 8140. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICTS NOS. 5, 6, AND 7
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8140. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICTS
NOS. 5, 6, AND 7
For contingent expiration of this chapter, see Sec. 8140.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8140.001. DEFINITIONS. In this chapter:
(1) "Board" or "boards" means, as appropriate, the board of
directors of one or all of the districts.
(2) "Director" means a member of a board.
(3) "District" or "districts" means, as appropriate, one or all
of the East Montgomery County Municipal Utility Districts Nos. 5,
6, and 7.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
Sec. 8140.002. NATURE OF DISTRICT. Each district is a municipal
utility district in Montgomery County created under and essential
to accomplish the purposes of Section 52, Article III, and
Section 59, Article XVI, Texas Constitution.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
Sec. 8140.003. CONFIRMATION ELECTION REQUIRED. If the creation
of a district is not confirmed at a confirmation election held
under Section 8140.023 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 Montgomery County; and
(C) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred; and
(2) the provisions of this chapter relating to that district
expire September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
Sec. 8140.004. INITIAL DISTRICT TERRITORY. (a) Each district
is initially composed of the territory described by Section 2 of
the Act creating this chapter.
(b) The boundaries and field notes of each district, as
described by 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;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the board.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
Sec. 8140.005. APPLICABILITY OF OTHER LAW. Except as otherwise
provided by this chapter, Chapters 49 and 54, Water Code, apply
to the districts.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8140.025
Sec. 8140.021. TEMPORARY DIRECTORS. (a) On or after September
1, 2005, a person who owns land inside the boundaries of a
district may petition the Texas Commission on Environmental
Quality to appoint as temporary directors of that district the
five persons listed in the petition.
(b) The commission shall appoint as temporary directors the
persons listed in a petition received by the commission under
Subsection (a). If the commission receives more than one
petition for a district, the commission shall appoint the
directors listed in the first petition the commission receives.
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8140.023; or
(2) the date the provisions of this chapter relating to the
district expire under Section 8140.003.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
Sec. 8140.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors of a
district have qualified under Section 49.055, Water Code, the
temporary directors of that district shall meet at a location in
the district agreeable to a majority of the directors of that
district. If a location cannot be agreed upon, the meeting shall
be at the Montgomery County Courthouse. At the meeting, the
temporary directors shall elect officers from among the temporary
directors and conduct any other district business.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
Sec. 8140.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
The temporary directors of each district 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.
775, Sec. 1, eff. September 1, 2005.
Sec. 8140.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
of each district elected under Section 8140.023 shall draw lots
to determine which two shall serve until the first regularly
scheduled election of directors under Section 8140.052 and which
three shall serve until the second regularly scheduled election
of directors.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
Sec. 8140.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8140.051. DIRECTORS; TERMS. (a) Each district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
Sec. 8140.052. ELECTION OF DIRECTORS. On the uniform election
date in May of each even-numbered year, the appropriate number of
directors of each district shall be elected.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8140.101. GENERAL POWERS. Each district has all of the
rights, powers, privileges, authority, functions, 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.
775, Sec. 1, eff. September 1, 2005.
Sec. 8140.102. 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 the district.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of the municipality or county in whose jurisdiction
the district is located.
(c) The district may not undertake a road project unless each
municipality or county in whose jurisdiction the district is
located consents by ordinance or resolution.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
Sec. 8140.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR
RESOLUTIONS. Subject to the limitations of Section 54.016, Water
Code, each district shall comply with all applicable requirements
of any ordinance or resolution adopted by the city council of the
City of Houston, including an ordinance or resolution adopted
before September 1, 2005, that consents to the creation of the
district or to the inclusion of lands within the district.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8140.151. TAX TO REPAY BONDS. Each district may impose a
tax to pay the principal of or interest on bonds issued under
Section 8140.201.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.
SUBCHAPTER E. BONDS
Sec. 8140.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
(a) Each district may issue bonds or other obligations as
provided by Chapters 49 and 54, Water Code, to finance the
construction, maintenance, or operation of projects under
Sections 8140.101 and 8140.102.
(b) A district may not issue bonds to finance projects
authorized by Section 8140.102 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 8140.102 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 a district under Section 8140.102 or to
bonds issued by the district to finance the project.
Added by Acts 2005, 79th Leg., Ch.
775, Sec. 1, eff. September 1, 2005.