CHAPTER 8272. HARRIS-MONTGOMERY COUNTIES MUNICIPAL UTILITY DISTRICT NO. 386
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8272. HARRIS-MONTGOMERY COUNTIES MUNICIPAL
UTILITY DISTRICT NO. 386
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8272.001. DEFINITION. In this chapter, "district" means
the Harris-Montgomery Counties Municipal Utility District No.
386.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8272.002. NATURE OF DISTRICT. The district is a
conservation and reclamation district created under Section 59,
Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8272.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district will
benefit from the works and projects accomplished by the district
under the powers conferred by Section 59, Article XVI, Texas
Constitution.
(c) The creation of the district is essential to accomplish the
purposes of Section 59, Article XVI, Texas Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8272.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 3, Chapter 1381,
Acts of the 77th Legislature, Regular Session, 2001, as that
territory may have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code; or
(3) other law.
(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 affect:
(1) the district's organization, existence, or validity;
(2) the validity of district bonds, notes, or other
indebtedness;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its governing
body.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER B. BOARD OF DIRECTORS
Text of section effective on April 01, 2011
Sec. 8272.051. COMPOSITION OF BOARD; TERMS. (a) The district
is governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER C. POWERS AND DUTIES
Text of section effective on April 01, 2011
Sec. 8272.101. MUNICIPAL UTILITY DISTRICT POWERS. The district
has the rights, powers, privileges, functions, and duties
provided by general law applicable to a municipal utility
district created under Section 59, Article XVI, Texas
Constitution, including Chapters 49, 50, and 54, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8272.102. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR
RESOLUTIONS. 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 city council of the
City of Houston, including an ordinance or resolution adopted
before September 1, 2001, that consents to the creation of the
district or to the inclusion of lands in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8272.103. RELOCATING OR ALTERING PROPERTY; COSTS. (a) The
district may relocate, raise, reroute, change the grade of, or
alter the construction of a highway, railroad, electric
transmission line, telecommunications or other public utility
facility, pipeline, canal, or drainage ditch if considered
necessary by the board of directors.
(b) The district shall pay for any relocation, raising,
rerouting, changing, or altering under this section, unless
otherwise agreed in writing by the interested parties.
(c) If a facility is replaced, the cost of replacement is
limited to an amount equal to the cost of replacing the facility
with a comparable facility, less the replaced facility's net
salvage value.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
Text of section effective on April 01, 2011
Sec. 8272.104. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company as defined
by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or 121.001,
Utilities Code; or
(3) a telecommunications provider as defined by Section 51.002,
Utilities Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.