CHAPTER 8248. RANDALL COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8248. RANDALL COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
For contingent expiration of this chapter, see Section 8248.004.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8248.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Randall County Municipal Utility
District No. 1.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.002. NATURE OF DISTRICT. The district is a municipal
utility district in Randall County created under and essential to
accomplish the purposes of Section 52, Article III, and Section
59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.003. FINDING OF PUBLIC USE AND BENEFIT. The district
is created to serve a public use and benefit.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.004. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8248.023 before September 1, 2011:
(1) the district is dissolved September 1, 2011, except that the
district shall:
(A) pay any debts incurred;
(B) transfer to Randall County any assets that remain after the
payment of debts; and
(C) maintain the organization of the district 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.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.005. 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 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; or
(3) the legality or operation of the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8248.025.
Sec. 8248.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) William G. Pernell;
(2) Jerry D. Billington;
(3) Gaylord T. Hughey, Jr.;
(4) Casey S. Cobb; and
(5) Michael R. Pugh.
(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 all vacancies on the board.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 8248.023; or
(2) the date this chapter expires under Section 8248.004.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.022. 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 convene the organizational meeting of the
district at a location in the district agreeable to a majority of
the directors. If a location cannot be agreed upon, the
organizational meeting shall be at the Randall County Courthouse.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.023. 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.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.024. INITIAL ELECTED DIRECTORS; TERMS.The directors
elected under Section 8248.023 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.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8248.051. 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.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8248.101. 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.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.102. ANNEXATION. The district or any new district
created by the division of the district may not annex the
property of a landowner before obtaining written consent from the
landowner. The annexation of the property must be completed by
the district not later than one year after the district's receipt
of the landowner's written consent. A landowner may revoke the
landowner's consent to annexation before annexation by notifying
the district in writing that the consent is revoked. A
landowner's petition for annexation that meets the requirements
of Chapter 49 or 54, Water Code, shall be considered as the
landowner's written consent for the purposes of this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Reenacted by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 21.071, eff. September 1, 2009.
Sec. 8248.103. ROAD PROJECTS. (a) The district may construct,
acquire, improve, maintain, or operate macadamized, graveled, or
paved roads, or improvements in aid of those roads, in the
district.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulations
of each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located. If the
district is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, a road project
must meet all applicable construction standards, zoning and
subdivision requirements, and regulations 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 resolution. If
the district is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless each county in which the
district is located consents by resolution.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.104. ROAD CONTRACTS. The district may contract for a
road project in the manner provided by Subchapter I, Chapter 49,
Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8248.151. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of and interest on bonds issued under
Section 8248.201.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
SUBCHAPTER E. BONDS
Sec. 8248.201. 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, and to finance the
construction, maintenance, or operation of projects under
Sections 8248.101 and 8248.103.
(b) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxation to finance
projects authorized by Section 8248.103 unless the issuance is
approved by a vote of a two-thirds majority of district voters
voting at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8248.103 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.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8248.251. DIVISION OF DISTRICT; REQUIREMENTS. (a) At any
time before the district issues indebtedness secured by taxes or
net revenue, the district may be divided into two or more new
districts.
(b) A new district created by division of the district must be
at least 100 acres.
(c) The board may consider a proposal to divide the district on:
(1) a petition of a landowner in the district; or
(2) a motion by the board.
(d) If the board decides to divide the district, the board
shall:
(1) set the terms of the division, including names for the new
districts and a plan for the payment or performance of any
outstanding district obligations; and
(2) prepare a metes and bounds description for each proposed
district.
(e) Any new district created by the division of the district may
not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter. After its creation, a new district may annex property
in accordance with this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.252. ELECTION FOR DIVISION OF DISTRICT. (a) After
the board has complied with Section 8248.251(d), the board shall
hold an election in the district to determine whether the
district should be divided as proposed.
(b) The board shall give notice of the election in the same
manner required for other district elections prescribed by the
Water Code and Election Code.
(c) If a majority of the votes cast are in favor of the
division:
(1) the district is divided; and
(2) not later than the 30th day after the date of the election,
the district shall provide written notice of the division to:
(A) the Texas Commission on Environmental Quality;
(B) the attorney general;
(C) the commissioners court of each county in which a new
district is located; and
(D) any municipality having extraterritorial jurisdiction over
territory in each new district.
(d) If a majority of the votes cast are not in favor of the
division, the district may not be divided.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.253. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a) Not
later than the 90th day after the date of an election in favor of
the division of the district, the board shall:
(1) appoint itself as the board of one of the new districts; and
(2) appoint five directors for each of the other new districts.
(b) Directors appointed under Subsection (a)(1) serve the
staggered terms to which they were elected in the original
district. Directors appointed under Subsection (a)(2) serve
until the election for directors under Subsection (c).
(c) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, the appointed board shall hold an election to elect
five directors in each district for which directors were
appointed under Subsection (a)(2). The elected directors shall
draw lots to determine which two shall serve until the next
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.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.254. CONTINUING POWERS AND OBLIGATIONS OF NEW
DISTRICTS. (a) Each new district may incur and pay debts and
has all powers of the original district created by this chapter.
(b) If the district is divided as provided by this subchapter,
the current obligations and any bond authorizations of the
district are not impaired. Debts shall be paid by revenue or by
taxes or assessments imposed on real property in the district as
if the district had not been divided or by contributions from
each new district as stated in the terms set by the board under
Section 8248.251(d).
(c) Any other district obligation is divided pro rata among the
new districts on an acreage basis or on other terms that are
satisfactory to the new districts.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.
Sec. 8248.255. CONTRACT AUTHORITY OF NEW DISTRICTS. The new
districts may contract with each other for:
(1) water and wastewater services; or
(2) any other matter the boards of the new districts consider
appropriate.
Added by Acts 2007, 80th Leg., R.S., Ch.
1003, Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch.
1142, Sec. 1, eff. June 15, 2007.