CHAPTER 8152. ZAPATA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8152. ZAPATA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
For contingent expiration of this chapter, see Sec. 8152.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8152.001. 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 Zapata County Municipal Utility
District No. 2.
Added by Acts 2005, 79th Leg., Ch.
777, Sec. 1, eff. September 1, 2005.
Sec. 8152.002. NATURE OF DISTRICT. The district is a municipal
utility district in Zapata County created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Added by Acts 2005, 79th Leg., Ch.
777, Sec. 1, eff. September 1, 2005.
Sec. 8152.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8152.023 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 Zapata 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.
777, Sec. 1, eff. September 1, 2005.
Sec. 8152.004. INITIAL DISTRICT TERRITORY. The initial
territory of the district is coextensive with the service areas
covered by Certificates of Convenience and Necessity Nos. 12877
and 20850, as identified on the Texas Commission on Environmental
Quality official service area maps associated with those
certificates.
Added by Acts 2005, 79th Leg., Ch.
777, Sec. 1, eff. September 1, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8152.026
Sec. 8152.021. TEMPORARY DIRECTORS. (a) On or after September
1, 2005, the commissioners of the Commissioners Court of Zapata
County and the county judge of Zapata County shall each appoint
one temporary director to serve as one of the five temporary
directors of the district.
(b) If a temporary director fails to qualify for office, the
person who appointed that temporary director shall appoint a
person to fill the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8152.023; or
(2) the date this chapter expires under Section 8152.003.
Added by Acts 2005, 79th Leg., Ch.
777, Sec. 1, eff. September 1, 2005.
Sec. 8152.022. 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 Zapata 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.
777, Sec. 1, eff. September 1, 2005.
Sec. 8152.023. 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.
777, Sec. 1, eff. September 1, 2005.
Sec. 8152.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8152.023 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors under Section 8152.052 and which three shall serve
until the second regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
777, Sec. 1, eff. September 1, 2005.
Sec. 8152.025. TRANSFER OF ASSETS. (a) If the district's
creation is confirmed under Section 8152.023, Zapata County shall
transfer to the district the assets, debts, and contractual
rights and obligations of the county associated with the Zapata
County Waterworks under Certificate of Convenience and Necessity
No. 12877 and the sanitary sewer utility under Certificate of
Convenience and Necessity No. 20850.
(b) Not later than the 30th day after the date of the transfer
under Subsection (a), the Zapata County Waterworks and Zapata
County Certificates of Convenience and Necessity Nos. 12877 and
20850 are considered to be held by the district.
(c) The Commissioners Court of Zapata County shall notify the
Texas Commission on Environmental Quality of the transfer of
Certificates of Convenience and Necessity Nos. 12877 and 20850 to
the district.
(d) On receipt of notice under Subsection (c), the Texas
Commission on Environmental Quality shall note in its records
that Certificates of Convenience and Necessity Nos. 12877 and
20850 are held by the district and shall reissue the certificates
in the name of the district without further application or
notice.
Added by Acts 2005, 79th Leg., Ch.
777, Sec. 1, eff. September 1, 2005.
Sec. 8152.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
777, Sec. 1, eff. September 1, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8152.051. 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.
777, Sec. 1, eff. September 1, 2005.
Sec. 8152.052. ELECTION OF DIRECTORS. On the uniform election
date in November of each even-numbered year, the appropriate
number of directors shall be elected.
Added by Acts 2005, 79th Leg., Ch.
777, Sec. 1, eff. September 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8152.101. 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.
777, Sec. 1, eff. September 1, 2005.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8152.151. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of or interest on bonds issued under
Section 8152.201.
Added by Acts 2005, 79th Leg., Ch.
777, Sec. 1, eff. September 1, 2005.
SUBCHAPTER E. BONDS
Sec. 8152.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
The 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 Section 8152.101.
Added by Acts 2005, 79th Leg., Ch.
777, Sec. 1, eff. September 1, 2005.