CHAPTER 8242. BOOTH RANCH MUNICIPAL UTILITY DISTRICT OF FORT BEND COUNTY, TEXAS
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8242. BOOTH RANCH MUNICIPAL UTILITY
DISTRICT OF FORT BEND COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8242.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Commission" means the Texas Commission on Environmental
Quality or its successors.
(3) "Director" means a member of the board.
(4) "District" means Booth Ranch Municipal Utility District of
Fort Bend County, Texas.
Added by Acts 2007, 80th Leg., R.S., Ch.
540, Sec. 1, eff. June 16, 2007.
Sec. 8242.002. NATURE OF DISTRICT. Booth Ranch Municipal
Utility District of Fort Bend County, Texas, is created as 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.
540, Sec. 1, eff. June 16, 2007.
Sec. 8242.003. 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.
540, Sec. 1, eff. June 16, 2007.
Sec. 8242.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All
land and other property included in the district will benefit
from the improvements and services to be provided by the
district.
(b) The district is created to accomplish the purposes of a
municipal utility district as provided by general law.
Added by Acts 2007, 80th Leg., R.S., Ch.
540, Sec. 1, eff. June 16, 2007.
Sec. 8242.005. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of territory described by Section 2 of the Act
creating this chapter.
(b) The boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field
notes in the legislative process does not in any way affect the
district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for which
the district is created or to pay the principal of and interest
on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Added by Acts 2007, 80th Leg., R.S., Ch.
540, Sec. 1, eff. June 16, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8242.051. BOARD OF DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Except as provided by Section 8242.053, directors serve
staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
540, Sec. 1, eff. June 16, 2007.
Sec. 8242.052. ELECTION OF DIRECTORS. On the uniform election
date in May of each even-numbered year, the appropriate number of
directors shall be elected.
Added by Acts 2007, 80th Leg., R.S., Ch.
540, Sec. 1, eff. June 16, 2007.
Sec. 8242.053. INITIAL DIRECTORS. (a) The initial board shall
be appointed by the commission upon petition of any landowner in
the district.
(b) Unless otherwise agreed, the directors shall decide the
initial terms of office by lot, with a simple majority of
directors serving until the second succeeding directors election
and the remaining directors serving until the next directors
election.
Added by Acts 2007, 80th Leg., R.S., Ch.
540, Sec. 1, eff. June 16, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8242.101. 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.
540, Sec. 1, eff. June 16, 2007.
Sec. 8242.102. 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.
540, Sec. 1, eff. June 16, 2007.
Sec. 8242.103. MUNICIPAL CONSENT ORDINANCES OR RESOLUTIONS. (a)
Subject to the limitations of Section 54.016, Water Code, the
district shall comply with all applicable requirements of any
ordinance or resolution adopted by the governing body of the
municipality that consents to the creation of the district or to
the inclusion of lands within the district.
(b) Notwithstanding Section 54.016(e), Water Code, the governing
body of a municipality which includes within its corporate limits
all or a portion of the district may include restrictions in or
conditions to its consent to the creation of the district in
addition to those set forth in that subsection, including the
condition that, at the time such consent is granted, no lands
within the district may be within the corporate limits or
extraterritorial jurisdiction of any other municipality.
Added by Acts 2007, 80th Leg., R.S., Ch.
540, Sec. 1, eff. June 16, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8242.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenues or contract payments from any
lawful sources 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 operation and maintenance tax or issue
bonds payable from ad valorem taxes.
Added by Acts 2007, 80th Leg., R.S., Ch.
540, Sec. 1, eff. June 16, 2007.
Sec. 8242.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section
8242.151, the district may impose an operation and maintenance
tax on taxable property in the district in accordance with the
provisions of 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.
540, Sec. 1, eff. June 16, 2007.
SUBCHAPTER E. BONDS OR OTHER OBLIGATIONS
Sec. 8242.201. OBLIGATIONS. The district may issue bonds,
notes, or other obligations payable in whole or in part from ad
valorem taxes, impact fees, revenues, 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.
540, Sec. 1, eff. June 16, 2007.
Sec. 8242.202. TAXES FOR BONDS. At the time bonds payable in
whole or in part 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.
540, Sec. 1, eff. June 16, 2007.