CHAPTER 8245. HARDIN STORE ROAD MUNICIPAL UTILITY DISTRICT NO. 1 OF MONTGOMERY COUNTY
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8245. HARDIN STORE ROAD MUNICIPAL UTILITY DISTRICT
NO. 1 OF MONTGOMERY COUNTY
For contingent expiration of this chapter, see Section 8245.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8245.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Director" means a member of the board.
(3) "District" means the Hardin Store Road Municipal Utility
District No. 1 of Montgomery County.
Added by Acts 2007, 80th Leg., R.S., Ch.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.002. NATURE OF DISTRICT. The district is a municipal
utility district in Montgomery 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.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8245.024 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 Montgomery 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.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.004. 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.
578, Sec. 1, eff. September 1, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8245.026.
Sec. 8245.021. TEMPORARY DIRECTORS. (a) On or after September
1, 2007, a person who owns land in the district may submit a
petition to the Texas Commission on Environmental Quality
requesting that the commission appoint as temporary directors the
five persons named in the petition.
(b) The commission shall appoint as temporary directors the five
persons named in the first petition received by the commission
under Subsection (a).
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8245.024; or
(2) the date this chapter expires under Section 8245.003.
Added by Acts 2007, 80th Leg., R.S., Ch.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 49.055, Water Code, the temporary
directors shall meet at a location in the district agreeable to a
majority of the directors. At the meeting, the temporary
directors shall elect officers from among the temporary directors
and conduct any other district business.
Added by Acts 2007, 80th Leg., R.S., Ch.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.023. CONSENT OF MUNICIPALITY REQUIRED. The temporary
directors may not hold an election under Section 8245.024 until
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located has adopted a resolution
consenting to the creation of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.024. 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.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.025. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8245.024 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors under Section 8245.052 and which three shall serve
until the second regularly scheduled election of directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
578, Sec. 1, eff. September 1, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8245.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.052. 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.
578, Sec. 1, eff. September 1, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8245.101. 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.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.102. ROAD PROJECTS. (a) To the extent authorized by
Section 52, Article III, Texas Constitution, the district may
construct, acquire, improve, maintain, or operate macadamized,
graveled, or paved roads or turnpikes, or improvements in aid of
those roads or turnpikes, inside the district.
(b) A road project must meet or exceed all applicable
construction standards, zoning and subdivision requirements, and
regulatory ordinances of each municipality in whose corporate
limits or extraterritorial jurisdiction the district is located.
If the district is located outside the extraterritorial
jurisdiction of a municipality, a road project must meet all
applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of each county in which
the district is located.
(c) The district may not undertake a road project unless each
municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution.
Added by Acts 2007, 80th Leg., R.S., Ch.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.103. 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.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.104. RECREATIONAL FACILITIES; LIMIT ON EMINENT DOMAIN
POWER. (a) In this section, "recreational facilities" and
"develop and maintain" have the meanings assigned by Section
49.462, Water Code.
(b) The district may develop and maintain recreational
facilities in the manner provided by Subchapter N, Chapter 49,
Water Code.
(c) The district may not, for the development or maintenance of
a recreational facility, acquire by condemnation land, an
easement, or other property inside or outside the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
578, Sec. 1, eff. September 1, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8245.151. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of or interest on bonds issued under
Section 8245.201.
Added by Acts 2007, 80th Leg., R.S., Ch.
578, Sec. 1, eff. September 1, 2007.
SUBCHAPTER E. BONDS
Sec. 8245.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.
(a) The district may issue bonds or other obligations as
provided by Chapters 49 and 54, Water Code, to finance the
construction, maintenance, or operation of projects under
Sections 8245.101 and 8245.102.
(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 issue bonds payable from ad valorem taxes.
(c) The district may not issue bonds to finance projects
authorized by Section 8245.102 unless the issuance is approved by
a vote of a two-thirds majority of the voters of the district
voting at an election called for that purpose.
(d) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8245.102 may not exceed one-fourth
of the assessed value of the real property in the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
578, Sec. 1, eff. September 1, 2007.
Sec. 8245.202. BONDS FOR RECREATIONAL FACILITIES. If authorized
at an election under Section 8245.201(b), the district may issue
bonds payable from ad valorem taxes to pay for the development
and maintenance of recreational facilities under Section
8245.104.
Added by Acts 2007, 80th Leg., R.S., Ch.
578, Sec. 1, eff. September 1, 2007.