CHAPTER 8204. SOMERSET MUNICIPAL UTILITY DISTRICT NO. 2
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8204. SOMERSET MUNICIPAL UTILITY DISTRICT NO. 2
For contingent expiration of this chapter, see Section 8204.004.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8204.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Somerset Municipal Utility District No.
2.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.002. NATURE OF DISTRICT. The district is a municipal
utility district in San Jacinto County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.003. FINDING OF PUBLIC USE AND BENEFIT. The district
is created to serve a public use and benefit.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.004. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8204.023 before September 1, 2009:
(1) the district is dissolved September 1, 2009, except that the
district shall:
(A) pay any debts incurred;
(B) transfer to San Jacinto County any assets that remain after
the payment of debts; and
(C) maintain the organization of the district until all debts
are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.005. 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 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Section 8204.025.
Sec. 8204.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Aaron Corey;
(2) Eric Lopez;
(3) Greg Attaway;
(4) Marty Grisham; and
(5) Eric Jones.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of
persons to fill all vacancies on the board.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8204.023; or
(2) the date this chapter expires under Section 8204.004.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.022. 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 convene the organizational meeting of the
district at a location in the district agreeable to a majority of
the directors. If a location cannot be agreed upon, the
organizational meeting shall be at the San Jacinto County
Courthouse.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.023. 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 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.024. INITIAL ELECTED DIRECTORS; TERMS.The directors
elected under Section 8204.023 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors and which three shall serve until the second regularly
scheduled election of directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8204.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8204.101. 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 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.102. ROAD PROJECTS; LIMIT ON EMINENT DOMAIN POWER.
(a) The district may construct, acquire, improve, maintain, or
operate macadamized, graveled, or paved roads, or improvements in
aid of those roads.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulations
of each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located. If the
district is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, a road project
must meet all applicable construction standards, zoning and
subdivision requirements, and regulations 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 resolution. If
the district is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless each county in which the
district is located consents by resolution.
(d) The district may not exercise the power of eminent domain
outside the district for a road project.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.103. ROAD CONTRACTS. The district may contract for a
road project in the manner provided by Subchapter I, Chapter 49,
Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.104. RECREATIONAL FACILITIES; LIMIT ON EMINENT DOMAIN
POWER. (a) In this section, "recreational facilities" has the
meaning assigned by Section 49.462, Water Code.
(b) The district may develop and maintain recreational
facilities.
(c) The district may not, for the development or maintenance of
a recreational facility, acquire by condemnation land, an
easement, or other property inside or outside the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8204.151. OPERATION AND MAINTENANCE TAX. The district may
impose a tax for any district operation and maintenance purpose
in the manner provided by Section 49.107, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.152. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of and interest on bonds issued under
Section 8204.201.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.153. 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;
(4) a cable operator as defined by 47 U.S.C. Section 522; or
(5) a person who provides to the public advanced
telecommunications services.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. BONDS
Sec. 8204.201. 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, and to finance the
construction, maintenance, or operation of projects under Section
8204.102.
(b) The district may issue bonds or other obligations payable
wholly or partly from ad valorem taxes, impact fees, revenue,
grants, or other district money.
(c) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxation to finance
projects authorized by Section 8204.102 unless the issuance is
approved by a vote of a two-thirds majority of district voters
voting at an election called for that purpose.
(d) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8204.102 may not exceed one-fourth
of the assessed value of the real property in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8204.251. DIVISION OF DISTRICT; REQUIREMENTS. (a) At any
time before the district issues indebtedness secured by taxes or
net revenue, the district may be divided into two or more new
districts.
(b) A new district created by division of the district must be
at least 100 acres.
(c) Any new district created by the division of the district may
not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board may consider a proposal to divide the district on:
(1) a petition of a landowner in the district; or
(2) a motion by the board.
(e) If the board decides to divide the district, the board
shall:
(1) set the terms of the division, including names for the new
districts and a plan for the payment or performance of any
outstanding district obligations; and
(2) prepare a metes and bounds description for each proposed
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.252. ELECTION FOR DIVISION OF DISTRICT. (a) After
the board has complied with Section 8204.251(e), the board shall
hold an election in the district to determine whether the
district should be divided as proposed.
(b) The board shall give notice of the election not later than
the 35th day before the date of the election. The notice must
state:
(1) the date and location of the election; and
(2) the proposition to be voted on.
(c) If a majority of the votes cast are in favor of the
division:
(1) the district is divided; and
(2) not later than the 30th day after the date of the election,
the district shall provide written notice of the division to:
(A) the Texas Commission on Environmental Quality;
(B) the attorney general;
(C) the commissioners court of each county in which a new
district is located; and
(D) any municipality having extraterritorial jurisdiction over
territory in each new district.
(d) If a majority of the votes cast are not in favor of the
division, the district may not be divided.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.253. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a) Not
later than the 90th day after the date of an election in favor of
the division of the district, the board shall:
(1) appoint itself as the board of one of the new districts; and
(2) appoint five directors for each of the other new districts.
(b) Directors appointed under Subsection (a)(1) serve the
staggered terms to which they were elected in the original
district. Directors appointed under Subsection (a)(2) serve
until the election for directors under Subsection (c).
(c) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, the appointed board shall hold an election to elect
five directors in each district for which directors were
appointed under Subsection (a)(2). The directors shall draw lots
to determine which two shall serve until the next regularly
scheduled election of directors and which three shall serve until
the second regularly scheduled election of directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.254. CONTINUING POWERS AND OBLIGATIONS OF NEW
DISTRICTS. (a) Each new district may incur and pay debts and
has all powers of the original district created by this chapter.
(b) If the district is divided as provided by this subchapter,
the current obligations and any bond authorizations of the
district are not impaired. Debts shall be paid by revenue or by
taxes or assessments imposed on real property in the district as
if the district had not been divided or by contributions from
each new district as stated in the terms set by the board under
Section 8204.251(e).
(c) Any other district obligation is divided pro rata among the
new districts on an acreage basis or on other terms that are
satisfactory to the new districts.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.
Sec. 8204.255. CONTRACT AUTHORITY OF NEW DISTRICTS. The new
districts may contract with each other for:
(1) water and wastewater services; or
(2) any other matter the boards of the new districts consider
appropriate.
Added by Acts 2007, 80th Leg., R.S., Ch.
983, Sec. 1, eff. June 15, 2007.