CHAPTER 8151. GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 67
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8151. GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT
NO. 67
For contingent expiration of this chapter, see Sec. 8151.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8151.001. 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 Galveston County Municipal Utility
District No. 67.
Added by Acts 2005, 79th Leg., Ch.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.002. NATURE OF DISTRICT. The district is a municipal
utility district in Galveston 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.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8151.023 before September 1, 2009:
(1) the district is dissolved September 1, 2009, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Galveston 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, 2011.
Added by Acts 2005, 79th Leg., Ch.
461, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1370, Sec. 1, eff. June 15, 2007.
Sec. 8151.004. 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;
(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.
461, Sec. 1, eff. September 1, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8151.025
Sec. 8151.021. TEMPORARY DIRECTORS. (a) On or after September
1, 2005, a person who owns land inside the boundaries of the
proposed district may petition the Texas Commission on
Environmental Quality to appoint as temporary directors 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).
(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 8151.023; or
(2) the date this chapter expires under Section 8151.003.
Added by Acts 2005, 79th Leg., Ch.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.022. 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 meet at a location in the district agreeable to a
majority of the directors. If a location cannot be agreed upon,
the meeting shall be at the Galveston 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.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.023. 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.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8151.023 shall draw lots to determine which
two shall serve terms expiring June 1 following the first
regularly scheduled election of directors under Section 8151.052
and which three shall serve until June 1 following the second
regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2011.
Added by Acts 2005, 79th Leg., Ch.
461, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1370, Sec. 2, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8151.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms that expire June 1
of even-numbered years.
Added by Acts 2005, 79th Leg., Ch.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.052. 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.
461, Sec. 1, eff. September 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8151.101. 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.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.102. ROAD PROJECTS. (a) To the extent authorized by
Section 52, Article III, Texas Constitution, 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.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.103. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain outside the
district only to acquire an easement necessary for a pipeline
that serves the district.
Added by Acts 2005, 79th Leg., Ch.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.104. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR
RESOLUTIONS. Subject to the limitations of Section 54.016, Water
Code, the district shall comply with all applicable requirements
of any ordinance or resolution adopted by the city council of the
City of Texas City, 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.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.105. DIVISION OF DISTRICT. The district may divide
into two or more districts in the manner provided by Section
53.029, Water Code, if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing an ad valorem tax.
Added by Acts 2005, 79th Leg., Ch.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.106. NAVIGATION DISTRICT POWERS. The district may
purchase, construct, acquire, own, operate, maintain, improve, or
extend, inside or outside the district, a canal, waterway,
bulkhead, dock, or other improvement necessary or convenient to
accomplish the purposes of a navigation district under Chapters
60 and 62, Water Code, and Section 59, Article XVI, Texas
Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
1370, Sec. 3, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8151.151. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of or interest on bonds issued under
Section 8151.201.
Added by Acts 2005, 79th Leg., Ch.
461, Sec. 1, eff. September 1, 2005.
Sec. 8151.152. 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; or
(4) a person who provides to the public cable television or
advanced telecommunications services.
Added by Acts 2005, 79th Leg., Ch.
461, Sec. 1, eff. September 1, 2005.
SUBCHAPTER E. BONDS
Sec. 8151.201. 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, payable wholly or
partly from ad valorem taxes, impact fees, revenue, grants, or
other district money, to finance any district purpose.
(b) The district may not issue bonds under Subsection (a) 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 8151.102 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 8151.102 or to
bonds issued by the district to finance the project.
Added by Acts 2005, 79th Leg., Ch.
461, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1370, Sec. 4, eff. June 15, 2007.