CHAPTER 8154. BLUE RIDGE WEST MUNICIPAL UTILITY DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8154. BLUE RIDGE WEST MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8154.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the Blue Ridge West Municipal Utility
District.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.002. NATURE OF DISTRICT. The district is a municipal
utility district and a conservation and reclamation district in
Fort Bend County created under Section 59, Article XVI, Texas
Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the boundaries of
the district will benefit from the works and projects
accomplished by the district under the powers conferred by
Section 59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish the
purposes of Section 59, Article XVI, Texas Constitution.
(d) The accomplishment of the purposes stated in this chapter is
for the benefit of the people of this state and for the
improvement of their property and industries. The district, in
carrying out the purposes of this chapter, will be performing an
essential public function under the constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2, Chapter 633,
Acts of the 60th Legislature, Regular Session, 1967 (Article
8280-379, Vernon's Texas Civil Statutes), as that territory may
have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field
notes in the legislative process does not affect:
(1) the district's organization, existence, and validity;
(2) the district's right to issue any type of bond for a purpose
for which the district is created or to pay the principal of and
interest on the bond;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its governing
body.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8154.051. COMPOSITION OF BOARD. The board consists of five
directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.052. QUALIFICATIONS FOR OFFICE. (a) A person must
reside in this state to be elected or appointed as a director of
the board.
(b) A director is not required to reside in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.053. DIRECTOR'S BOND. (a) Each director shall
execute a bond in the amount of $5,000 for the faithful
performance of the director's duties.
(b) The bond must be:
(1) approved by:
(A) the board; and
(B) the county judge or the commissioners court of the county in
which the district is located;
(2) filed for record in the office of the county clerk of the
county in which the district is located;
(3) filed for safekeeping in the district's depository; and
(4) recorded in a record kept for that purpose in the district
office.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.054. ABSENCE OF PRESIDENT OR SECRETARY FROM BOARD
MEETING; DUTY OF SECRETARY. (a) If the board president is
absent from a board meeting at which an order is adopted or other
action is taken:
(1) the board vice president may sign the order or action; or
(2) the board may authorize the president to sign the order or
action.
(b) The board secretary shall sign the minutes of each board
meeting.
(c) If the board secretary is absent from a board meeting, the
board:
(1) shall name a secretary pro tem for the meeting who:
(A) may exercise all powers and duties of the secretary for the
meeting;
(B) shall sign the minutes of the meeting; and
(C) may attest all orders passed or other action taken at the
meeting; or
(2) may authorize the secretary to attest all orders passed or
other action taken at the meeting.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8154.101. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.
The district has all of the rights, powers, privileges, and
duties provided by general law applicable to a municipal utility
district created under Section 59, Article XVI, Texas
Constitution, including those conferred by Chapters 49 and 54,
Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 21.068, eff. September 1, 2009.
Sec. 8154.102. ADDITIONAL POWERS. (a) The district may:
(1) purchase, construct, or otherwise acquire a waterworks
system, sanitary sewer system, or storm sewer system and drainage
facility, or any part of those systems or facilities;
(2) make any necessary purchase, construction, improvement,
extension, or addition to a system or facility described by
Subdivision (1);
(3) purchase or acquire, operate, and maintain any land,
right-of-way, easement, site, equipment, building, plant,
structure, or facility necessary to a system or facility
described by Subdivision (1); and
(4) sell water and other services.
(b) The district may exercise any of the rights or powers
granted by this chapter inside or outside the district's
boundaries.
(c) The district may exercise any of its rights or powers to
provide water or sewerage services to an area inside or outside
the district's boundaries.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.103. HEARINGS FOR EXCLUSION OF TERRITORY. (a) The
board is not required to call or hold a hearing on the exclusion
of land or other property from the district.
(b) The board on its own motion may call and hold one or more
hearings on the exclusion of land or other property from the
district in the manner provided by general law.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.104. EMINENT DOMAIN. The district may exercise the
power of eminent domain only in a county in which the district is
located.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.105. COST OF RELOCATING OR ALTERING PROPERTY. (a) In
this section, "sole expense" means the actual cost of relocating,
raising, lowering, rerouting, or changing the grade of, or
altering the construction of a facility described by Subsection
(b) in providing a comparable replacement without enhancing the
facility, after deducting from that cost the net salvage value
derived from the old facility.
(b) If the district, in the exercise of the power of eminent
domain, the power of relocation, or any other power granted under
this chapter, makes necessary the relocation, raising, rerouting,
changing the grade of, or altering the construction of a highway,
a railroad, an electric transmission line, a pipeline, or a
telegraph or telephone property or facility, the necessary
relocation, raising, rerouting, changing the grade of, or
alteration of construction shall be accomplished at the sole
expense of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.106. NOTICE OF ELECTION. The board president or
secretary may give notice of an election.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8154.151. TAX METHOD. (a) The district shall use the ad
valorem plan of taxation.
(b) The board is not required to hold a hearing on the adoption
of a plan of taxation.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.152. DEPOSITORY. (a) The board shall select one or
more banks or trust companies in this state to act as a
depository of bond proceeds or of revenue derived from the
operation of district facilities.
(b) The depository shall, as determined by the board:
(1) furnish indemnity bonds;
(2) pledge securities; or
(3) meet any other requirement.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.153. PROCEDURE FOR PAYMENT. An officer or employee of
the district, as designated by a standing order entered in the
board's minutes, may draw and sign a warrant to pay a current
expense, salary, or account of the district if the account has
been contracted and ordered paid by the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.154. PROJECTS AND PURCHASES EXEMPT FROM ASSESSMENT OR
TAXATION. The district is not required to pay a tax or
assessment on:
(1) a district project or any part of the project; or
(2) a district purchase.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
SUBCHAPTER E. BONDS
Sec. 8154.201. AUTHORITY TO ISSUE BONDS. The district may vote
and issue bonds of any kind, including refunding bonds, for
contiguous or noncontiguous areas for any district purpose.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.202. EXCHANGING BONDS FOR PROPERTY OR WORK. The
district may exchange bonds, including refunding bonds:
(1) for property acquired by purchase; or
(2) in payment of the contract price of work done or materials
or services furnished for the use and benefit of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.203. BOND ELECTION. (a) On the failure of a bond
election:
(1) a general law that provides for calling a hearing on the
dissolution of the district after a district bond election fails
does not apply to the district; and
(2) the board may call a subsequent bond election after the
expiration of six months after the date of the election.
(b) The outcome of a bond election does not affect the
district's existence, function, or operation.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Sec. 8154.204. BONDS EXEMPT FROM TAXATION. A bond issued under
this subchapter, the transfer of the bond, and income from the
bond, including profits made on the sale of the bond, are exempt
from taxation in this state.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.