CHAPTER 8153. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 44
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8153. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 44
For contingent expiration of this chapter, see Sec. 8153.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8153.001. 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 Brazoria County Municipal Utility
District No. 44.
Added by Acts 2005, 79th Leg., Ch.
460, Sec. 1, eff. September 1, 2005.
Sec. 8153.002. NATURE OF DISTRICT. The district is a municipal
utility district in Brazoria County created under and essential
to accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Added by Acts 2005, 79th Leg., Ch.
460, Sec. 1, eff. September 1, 2005.
Sec. 8153.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8153.024 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 Brazoria 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.
460, Sec. 1, eff. September 1, 2005.
Sec. 8153.004. 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.
460, Sec. 1, eff. September 1, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8153.026
Sec. 8153.021. TEMPORARY DIRECTORS. (a) On or after September
1, 2005, a person who owns land in the district may submit a
petition to the Texas Commission on Environmental Quality to
appoint as temporary directors the five persons named in the
petition.
(b) The commission shall appoint as temporary directors the five
persons named in the first 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 8153.024; or
(2) the date this chapter expires under Section 8153.003.
Added by Acts 2005, 79th Leg., Ch.
460, Sec. 1, eff. September 1, 2005.
Sec. 8153.022. 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 Brazoria 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.
460, Sec. 1, eff. September 1, 2005.
Sec. 8153.023. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED. (a)
The temporary directors may not hold an election under Section
8153.024 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has adopted
a resolution consenting to the creation of the district.
(b) If the district is located outside the extraterritorial
jurisdiction of a municipality, the temporary directors may not
hold the election until each county in which the district is
located has adopted a resolution consenting to the creation of
the district.
(c) A municipality or county may not adopt a resolution under
this section before the effective date of the Act creating this
chapter.
Added by Acts 2005, 79th Leg., Ch.
460, Sec. 1, eff. September 1, 2005.
Sec. 8153.024. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. If
each municipality or county has consented to the creation of the
district under Section 8153.023, 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.
460, Sec. 1, eff. September 1, 2005.
Sec. 8153.025. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8153.024 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors under Section 8153.052 and which three shall serve
until the second regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
460, Sec. 1, eff. September 1, 2005.
Sec. 8153.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
460, Sec. 1, eff. September 1, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8153.051. 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.
460, Sec. 1, eff. September 1, 2005.
Sec. 8153.052. 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.
460, Sec. 1, eff. September 1, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8153.101. 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.
460, Sec. 1, eff. September 1, 2005.
Sec. 8153.102. ROAD PROJECTS. (a) To the extent authorized
under 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 or exceed all applicable
construction standards, zoning and subdivision requirements, and
regulatory ordinances of each municipality in whose corporate
limits or extraterritorial jurisdiction the district is located.
If the district is located outside the extraterritorial
jurisdiction of a municipality, a road project must meet or
exceed all applicable construction standards, zoning and
subdivision requirements, and regulatory ordinances of each
county in which the district is located.
(c) The district may not undertake a road project unless each
municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution. If the district is located outside the
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless each county in which the
district is located consents by ordinance or resolution.
Added by Acts 2005, 79th Leg., Ch.
460, Sec. 1, eff. September 1, 2005.
Sec. 8153.103. COMPLIANCE WITH MUNICIPAL 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 Bonney.
Added by Acts 2005, 79th Leg., Ch.
460, Sec. 1, eff. September 1, 2005.
Sec. 8153.104. 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.
460, Sec. 1, eff. September 1, 2005.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8153.151. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of or interest on bonds issued under
Section 8153.201.
Added by Acts 2005, 79th Leg., Ch.
460, Sec. 1, eff. September 1, 2005.
SUBCHAPTER E. BONDS
Sec. 8153.201. 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, to finance the
construction, maintenance, or operation of projects under
Sections 8153.101 and 8153.102.
(b) The district may not issue bonds to finance projects
authorized by Section 8153.102 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 8153.102 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 8153.102 or to
bonds issued by the district to finance the project.
Added by Acts 2005, 79th Leg., Ch.
460, Sec. 1, eff. September 1, 2005.