CHAPTER 8231. CALHOUN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8231. CALHOUN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
For contingent expiration of this chapter, see Section 8231.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8231.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Calhoun County Municipal Utility
District No. 1.
Added by Acts 2007, 80th Leg., R.S., Ch.
587, Sec. 1, eff. June 16, 2007.
Sec. 8231.002. NATURE OF DISTRICT. The district is a municipal
utility district in Calhoun County created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
587, Sec. 1, eff. June 16, 2007.
Sec. 8231.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8231.022 before September 1, 2011:
(1) the district is dissolved September 1, 2011, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Calhoun 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, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
587, Sec. 1, eff. June 16, 2007.
Sec. 8231.004. 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;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
587, Sec. 1, eff. June 16, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8231.024.
Sec. 8231.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Robert Harriman;
(2) William B. Fuller;
(3) Jeffrey B. Holberg;
(4) Michael R. Jeter; and
(5) Donald D. Simmons.
(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 the vacancies on the board.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8231.022; or
(2) the date this chapter expires under Section 8231.003.
Added by Acts 2007, 80th Leg., R.S., Ch.
587, Sec. 1, eff. June 16, 2007.
Sec. 8231.022. 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.
587, Sec. 1, eff. June 16, 2007.
Sec. 8231.023. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8231.022 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.
587, Sec. 1, eff. June 16, 2007.
Sec. 8231.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
587, Sec. 1, eff. June 16, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8231.051. DIRECTORS; TERMS; ELECTIONS. (a) The district
is governed by a board of five directors.
(b) Directors serve staggered four-year terms.
(c) The appropriate number of directors shall be elected on the
uniform election date in May of even-numbered years.
Added by Acts 2007, 80th Leg., R.S., Ch.
587, Sec. 1, eff. June 16, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8231.101. 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.
587, Sec. 1, eff. June 16, 2007.
Sec. 8231.102. DIVISION OF DISTRICT. (a) The district may be
divided into two or more districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) The division procedure is prescribed by Sections 51.749
through 51.758, Water Code.
(c) Any new district created by the division of the district has
all the powers and duties of the district, except the power to
divide the district into new districts under this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
587, Sec. 1, eff. June 16, 2007.