CHAPTER 8221. 3 B&J MUNICIPAL UTILITY DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8221. 3 B&J MUNICIPAL UTILITY DISTRICT
For contingent expiration of this chapter, see Section 8221.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8221.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the 3 B&J Municipal Utility District.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.002. NATURE OF DISTRICT. The district is a municipal
utility district created under and essential to accomplish the
purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.003. CONFIRMATION ELECTION REQUIRED. (a) The board
shall hold an election to confirm the creation of the district as
provided by Section 49.102, Water Code.
(b) If the creation of the district is not confirmed at a
confirmation election before September 1, 2011:
(1) the district is dissolved September 1, 2011, except that the
district shall:
(A) pay any debts incurred;
(B) transfer to Williamson 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, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All land
and other property in the district will benefit from the
improvements and services to be provided by the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.005. 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 the district's:
(1) organization, existence, or validity;
(2) 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) right to impose an assessment or tax; or
(4) legality or operation.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8221.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
For expiration of this section, see Subsection (c).
Sec. 8221.052. INITIAL DIRECTORS. (a) The initial board
consists of:
(1) Duane McGlauflin;
(2) Bryan Teich;
(3) Joe Owen;
(4) Harold Schneider; and
(5) Kerry Wiggins.
(b) Unless the initial board agrees otherwise, the initial
directors 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.
(c) This section expires September 1, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8221.101. GENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes for which
the district is created.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.102. 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.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.103. REGIONAL WASTE DISPOSAL POWERS AND DUTIES. The
district has the powers and duties applicable to a district under
Chapter 30, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.104. COMPLIANCE WITH MUNICIPAL CONSENT RESOLUTION.
The district shall comply with all applicable requirements of any
resolution, adopted by the governing body of a municipality under
Section 54.016, Water Code, that consents to the creation of the
district or to the inclusion of land in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.105. WASTEWATER TREATMENT FACILITY DESIGN APPROVAL.
The district must obtain the approval of the Brazos River
Authority for the design of any district wastewater treatment
facility.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.106. WASTEWATER SERVICE PROVIDERS. Only the Brazos
River Authority or a provider approved by the Brazos River
Authority may provide wastewater service in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.107. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT. The
district shall comply with the terms of the "Agreement Regarding
Sewer Services Areas and Customers" among the Lower Colorado
River Authority, the Brazos River Authority, the City of
Georgetown, the City of Liberty Hill, and the Chisholm Trail
Special Utility District dated February 1, 2005.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.108. STREET REPAIR AND MAINTENANCE. (a) After July
1, 2017, the district, at the district's expense, shall repair
and maintain any streets in the district.
(b) A district's repair and maintenance of streets under this
section must meet all applicable construction standards and
regulations of the City of Georgetown and Williamson County.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.109. AUTHORITY FOR ROAD PROJECTS. Under Section 52,
Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality
for operation and maintenance macadamized, graveled, or paved
roads, or improvements, including storm drainage, in aid of those
roads.
Added by Acts 2009, 81st Leg., R.S., Ch.
1086, Sec. 1, eff. June 19, 2009.
Sec. 8221.110. ROAD STANDARDS AND REQUIREMENTS. (a) 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 road project is located.
(b) If a road project is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, the road project
must meet all applicable construction standards, subdivision
requirements, and regulations of each county in which the road
project is located.
(c) If the state will maintain and operate the road, the Texas
Transportation Commission must approve the plans and
specifications of the road project.
Added by Acts 2009, 81st Leg., R.S., Ch.
1086, Sec. 1, eff. June 19, 2009.
Sec. 8221.111. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for a road project
authorized by Section 8221.109.
Added by Acts 2009, 81st Leg., R.S., Ch.
1086, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8221.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue or contract payments from a source
other than ad valorem taxation.
(b) The district must hold an election in the manner provided by
Chapters 49 and 54, Water Code, to obtain voter approval before
the district may impose an ad valorem tax or issue bonds payable
from ad valorem taxes.
(c) An ad valorem tax rate imposed by the district may not
exceed the rate approved at the election.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8221.151, the
district may impose an operation and maintenance tax on taxable
property in the district as provided by Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 21.080, eff. September 1, 2009.
SUBCHAPTER E. BONDS
Sec. 8221.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
The district may issue bonds or other obligations payable wholly
or partly from ad valorem taxes, impact fees, revenue, grants, or
other district money, or any combination of those sources, to pay
for any authorized district purpose, including a purpose
described by Section 8221.109.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1086, Sec. 2, eff. June 19, 2009.
Sec. 8221.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the
time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual ad valorem
tax, at a rate not to exceed the rate approved at an election
held under Section 8221.151, for each year that all or part of
the bonds are outstanding; and
(2) the district annually shall impose an ad valorem tax on all
taxable property in the district in an amount sufficient to:
(A) pay the interest on the bonds or other obligations as the
interest becomes due;
(B) create a sinking fund for the payment of the principal of
the bonds or other obligations when due or the redemption price
at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
Added by Acts 2007, 80th Leg., R.S., Ch.
1131, Sec. 1, eff. June 15, 2007.
Sec. 8221.203. BONDS FOR ROAD PROJECTS. (a) At the time of
issuance, the total principal amount of bonds or other
obligations issued or incurred to finance road projects and
payable from ad valorem taxes may not exceed one-fourth of the
assessed value of the real property in the district.
(b) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved
by a vote of a two-thirds majority of the district voters voting
at an election held for that purpose.
Added by Acts 2009, 81st Leg., R.S., Ch.
1086, Sec. 3, eff. June 19, 2009.