CHAPTER 8234. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 438
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8234. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 438
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8234.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Harris County Municipal Utility
District No. 438.
Added by Acts 2007, 80th Leg., R.S., Ch.
783, Sec. 1, eff. June 15, 2007.
Sec. 8234.002. 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 8234.103
and Section 52, Article III, Texas Constitution, has road powers.
Added by Acts 2007, 80th Leg., R.S., Ch.
783, Sec. 1, eff. June 15, 2007.
Sec. 8234.003. 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.
783, Sec. 1, eff. June 15, 2007.
Sec. 8234.004. 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.
783, Sec. 1, eff. June 15, 2007.
Sec. 8234.005. 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.
783, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8234.051. 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.
783, Sec. 1, eff. June 15, 2007.
For expiration of this section, see Subsection (c).
Sec. 8234.052. INITIAL DIRECTORS. (a) The initial board
consists of:
(1) Shanna Martinez;
(2) Amelia Culwell;
(3) Gavin Cunningham;
(4) Howard F. Barrett-Smith; and
(5) Linda Brown.
(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.
783, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8234.101. 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.
783, Sec. 1, eff. June 15, 2007.
Sec. 8234.102. 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.
783, Sec. 1, eff. June 15, 2007.
Sec. 8234.103. ROAD PROJECTS. (a) Under Section 52, Article
III, Texas Constitution, the district may finance, construct, or
acquire a road project as provided by this section.
(b) The district shall employ or contract with a licensed
engineer to certify whether a proposed road project meets the
criteria for a thoroughfare, arterial, or collector road of:
(1) a county in whose jurisdiction the proposed road project is
located; or
(2) a municipality in whose corporate limits or extraterritorial
jurisdiction the proposed road project is located.
(c) The district may finance, construct, or acquire a road that
has been certified by the licensed engineer as a thoroughfare,
arterial, or collector road, or any improvements in aid of the
certified road.
(d) 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) if the road project is not located in the corporate limits
of a municipality, each county in which the road project is
located.
(e) 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.
783, Sec. 1, eff. June 15, 2007.
Sec. 8234.104. 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.
783, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8234.151. 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 payable from ad valorem
taxes to finance a road project 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.
783, Sec. 1, eff. June 15, 2007.
Sec. 8234.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8234.151, 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.
783, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. BONDS
Sec. 8234.201. 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.
783, Sec. 1, eff. June 15, 2007.
Sec. 8234.202. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of a bond, note, or other
obligation issued or incurred to finance a road project may not
exceed one-fourth of the assessed value of real property in the
district according to the most recent certified tax appraisal
roll for Harris County.
Added by Acts 2007, 80th Leg., R.S., Ch.
783, Sec. 1, eff. June 15, 2007.
Sec. 8234.203. 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, 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 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.
783, Sec. 1, eff. June 15, 2007.