CHAPTER 8233. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 190
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8233. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 190
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8233.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Fort Bend County Municipal Utility
District No. 190.
Added by Acts 2007, 80th Leg., R.S., Ch.
1284, Sec. 1, eff. June 15, 2007.
Sec. 8233.002. NATURE OF DISTRICT. (a) The district is a
municipal utility district created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(b) The district, to the extent authorized by Section 8233.102
and Section 52, Article III, Texas Constitution, has road powers.
Added by Acts 2007, 80th Leg., R.S., Ch.
1284, Sec. 1, eff. June 15, 2007.
Sec. 8233.003. CONFIRMATION ELECTION REQUIRED. The board shall
hold an election to confirm the creation of the district as
provided by Section 49.102, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1284, Sec. 1, eff. June 15, 2007.
Sec. 8233.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All
land and other property in the district will benefit from the
improvements and services to be provided by the district.
(b) The district is created to accomplish:
(1) the purposes of a municipal utility district as provided by
general law; and
(2) to the extent authorized by Section 52, Article III, Texas
Constitution, the financing, construction, or acquisition of road
projects.
Added by Acts 2007, 80th Leg., R.S., Ch.
1284, Sec. 1, eff. June 15, 2007.
Sec. 8233.005. 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 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.
1284, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8233.051. 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.
1284, Sec. 1, eff. June 15, 2007.
For expiration of this section, see Subsection (c).
Sec. 8233.052. INITIAL DIRECTORS. (a) The initial board
consists of:
(1) Phil Mullan;
(2) Shannon M. Frederick;
(3) Barbara D. Colihan;
(4) Randy Young; and
(5) Ronald D. Petersen.
(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.
1284, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8233.101. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.
(a) 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.
(b) 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.
1284, Sec. 1, eff. June 15, 2007.
Sec. 8233.102. ROAD PROJECTS. (a) Under Section 52, Article
III, Texas Constitution, a district may finance, construct, or
acquire a road project as provided by this section.
(b) A road project must meet all applicable standards,
regulations, ordinances, or orders of:
(1) each municipality in whose corporate limits or
extraterritorial jurisdiction the road project is located; and
(2) each county in which the road project is located.
(c) The district may, with the consent of the municipality or
county, convey a completed road project to:
(1) a municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located; or
(2) a county in which the road project is located.
Added by Acts 2007, 80th Leg., R.S., Ch.
1284, Sec. 1, eff. June 15, 2007.
Sec. 8233.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR
RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or 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.
1284, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8233.151. 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) The district may not issue bonds to finance a road project
under Section 8233.102 unless the issuance is approved by a vote
of a two-thirds majority of district voters voting at an election
held for that purpose.
Added by Acts 2007, 80th Leg., R.S., Ch.
1284, Sec. 1, eff. June 15, 2007.
Sec. 8233.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8233.151, 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.
1284, Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 21.083, eff. September 1, 2009.
SUBCHAPTER E. BONDS
Sec. 8233.201. 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
1284, Sec. 1, eff. June 15, 2007.
Sec. 8233.202. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds, notes, or other
obligations issued or incurred to finance a road project under
Section 8233.102 may not exceed one-fourth of the assessed value
of real property in the district according to the most recent
appraisal roll for Fort Bend County.
Added by Acts 2007, 80th Leg., R.S., Ch.
1284, Sec. 1, eff. June 15, 2007.
Sec. 8233.203. TAXES FOR BONDS. At the time bonds payable
wholly or partly from ad valorem taxes are issued:
(1) the board shall impose a continuing direct annual ad valorem
tax, without limit as to rate or amount, 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 as the interest becomes due;
(B) create a sinking fund for the payment of the principal of
the bonds 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.
1284, Sec. 1, eff. June 15, 2007.