CHAPTER 8279. HORSEPEN BAYOU MUNICIPAL UTILITY DISTRICT OF HARRIS COUNTY, TEXAS
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8279. HORSEPEN BAYOU MUNICIPAL UTILITY DISTRICT OF
HARRIS COUNTY, TEXAS
Text of effective on April 01, 2011
SUBCHAPTER A. GENERAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8279.001. 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 Horsepen Bayou Municipal Utility
District of Harris County, Texas.
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. 8279.002. NATURE OF DISTRICT. The district is a municipal
utility district and a conservation and reclamation district in
Harris County 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. 8279.003. 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 boundaries of
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.
(d) The accomplishment of the purposes stated in this chapter is
for the benefit of the people of this state and for the
improvement of their property and industries. The district in
carrying out the purposes of this chapter will be performing an
essential public function under the 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. 8279.004. DISTRICT TERRITORY. (a) The district is composed
of the territory described by Section 2, Chapter 838, Acts of the
61st Legislature, Regular Session, 1969, as that territory may
have been modified under:
(1) Subchapter H, Chapter 54, Water Code;
(2) Subchapter J, Chapter 49, Water Code;
(3) Section 9, Chapter 838, Acts of the 61st Legislature,
Regular Session, 1969; or
(4) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in copying the field notes in the legislative
process or another mistake in the field notes does not affect:
(1) the district's organization, existence, or validity;
(2) the district's 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) the district's right to impose a tax; or
(4) the legality or operation of the district or the board.
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. 8279.005. EXPANSION OF DISTRICT. (a) If land is annexed
to the district under Section 49.301, Water Code, the board may
require the petitioners to:
(1) assume the petitioners' pro rata share of the voted but
unissued bonds of the district; and
(2) authorize the board to impose a tax on the petitioners'
property to pay for the bonds after the bonds have been issued.
(b) If land is annexed to the district under Section 49.302,
Water Code, the board may submit to the voters of the area to be
annexed a proposition on the question of the assumption by the
area to be annexed of its part of the voted but not yet issued or
sold tax or tax-revenue bonds of the district and the imposition
of an ad valorem tax on taxable property in the area to be
annexed along with a tax in the rest of the district for the
payment of the bonds.
(c) If the petitioners consent or if the election results
favorably, the district may issue its voted but unissued tax or
tax-revenue bonds regardless of changes to district boundaries
since the original voting or authorization of the bonds.
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. 8279.006. STATE POLICY REGARDING WASTE DISPOSAL. The
district's powers and duties are subject to the state policy of
encouraging the development and use of integrated area-wide waste
collection, treatment, and disposal systems to serve the waste
disposal needs of this state's residents, if integrated systems
can reasonably be provided for an area, so as to avoid the
economic burden on residents and the effect on state water
quality caused by the construction and operation of numerous
small waste collection, treatment, and disposal facilities.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER B. DISTRICT ADMINISTRATION
Text of section effective on April 01, 2011
Sec. 8279.051. COMPOSITION OF BOARD. The board consists of five
elected directors.
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. 8279.052. APPOINTMENT OF TREASURER. The board may appoint
the treasurer.
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. 8279.053. DIRECTOR'S AND TREASURER'S BONDS. (a) Each
director shall qualify by giving bond in the amount of $5,000 for
the faithful performance of the director's duties.
(b) The treasurer shall give bond in the amount required by the
board. The treasurer's bond shall be conditioned on the
treasurer's faithful accounting for all money that comes into the
treasurer's custody as treasurer of 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. 8279.054. ABSENCE OR INACTION OF BOARD PRESIDENT. (a)
When the board president is absent or fails or declines to act,
the board vice president shall perform all duties and exercise
all power this chapter or general law gives the president.
(b) If the board president is absent from a board meeting:
(1) the board vice president may sign an order or other action
adopted at the meeting; or
(2) the board may authorize the president to sign the order or
other action.
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. 8279.055. DISTRICT OFFICE. (a) Except as provided by this
section, the board shall designate, establish, and maintain a
district office as provided by Section 49.062, Water Code.
(b) The board may establish a second district office outside the
district. If the board establishes a second district office, the
board shall give notice of the location of that office by:
(1) filing a copy of the board resolution that establishes the
location of the office:
(A) with the Texas Commission on Environmental Quality; and
(B) in the municipal utility district records of the county in
which the district is located; and
(2) publishing notice of the location of the office in a
newspaper of general circulation in the county in which the
district is located.
(c) A district office that is a private residence, office, or
dwelling is a public place for matters relating to the district's
business.
(d) The board shall provide notice of any change in the location
of the district office outside the district in the manner
required by Subsection (b).
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. 8279.101. MUNICIPAL UTILITY DISTRICT POWERS. (a) The
district has all of the rights, powers, privileges, and functions
conferred and imposed by the general law of this state relating
to municipal utility districts created under Section 59, Article
XVI, Texas Constitution, including those conferred by Chapters 49
and 54, Water Code.
(b) The district may exercise inside or outside the district's
boundaries any of the rights or powers granted by this chapter or
under the general law relating to municipal utility districts,
including the provision of water or sewerage service.
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. 8279.102. ADDITIONAL POWERS. (a) The district may:
(1) make, purchase, construct, lease, or otherwise acquire
property, works, facilities, existing improvements, or
improvements to be made, constructed, or acquired that are:
(A) inside or outside the district's boundaries; and
(B) necessary to carry out the powers granted by this chapter or
general law; or
(2) enter into a contract with a person on terms the board
considers desirable, fair, and advantageous for:
(A) the purchase or sale of water;
(B) the transportation, treatment, and disposal of the domestic,
industrial, or communal wastes of the district or others;
(C) the continuing and orderly development of land and property
in the district through the purchase, construction, or
installation of facilities, works, or improvements that the
district is otherwise authorized to do or perform so that, to the
greatest extent reasonably possible, considering sound
engineering and economic practices, all of the land and property
may ultimately receive the services of the facilities, works, or
improvements; and
(D) the performance of any of the powers granted by this chapter
or the general law relating to municipal utility districts.
(b) A contract under Subsection (a)(2) may not have a duration
of more than 40 years.
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. 8279.103. EMINENT DOMAIN. The district may exercise the
power of eminent domain only in a county in which the district is
located.
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. 8279.104. COST OF RELOCATING OR ALTERING PROPERTY. (a) In
this section, "sole expense" means the actual cost of relocating,
raising, lowering, rerouting, changing the grade of, or altering
the construction of a facility described by Subsection (b) in
providing comparable replacement without enhancement of the
facility, after deducting from that cost the net salvage value of
the old facility.
(b) If the district's exercise of the power of eminent domain
makes necessary the relocation, raising, rerouting, changing the
grade, or alteration of the construction of a highway, a
railroad, an electric transmission line, a telegraph or telephone
property or facility, or a pipeline, the necessary action shall
be accomplished at the sole expense of 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. 8279.105. NOTICE OF ELECTION. The board president or
secretary may give notice of an election.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Text of section effective on April 01, 2011
Sec. 8279.151. TAX METHOD. (a) The district shall use the ad
valorem plan of taxation.
(b) The board is not required to call or hold a hearing on the
adoption of a plan of taxation.
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. 8279.152. DISTRICT ACCOUNTS. The district shall keep a
complete system of the district's accounts.
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. 8279.153. COPY OF AUDIT REPORT. A copy of the audit report
prepared under Subchapter G, Chapter 49, Water Code, shall be
delivered:
(1) to each director; and
(2) to a holder of at least 25 percent of the outstanding bonds
of the district, on request.
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. 8279.154. PAYMENT OF TAX OR ASSESSMENT NOT REQUIRED. The
district is not required to pay a tax or assessment on:
(1) district property; or
(2) a purchase made by 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. 8279.155. DEPOSITORY. (a) The board shall select one or
more banks in this state to act as depository for the district's
money.
(b) To the extent that money in the depository bank is not
insured by the Federal Deposit Insurance Corporation, the money
must be secured in the manner provided by law for the security of
county funds.
(c) A director may be a shareholder in a bank that is a
depository of district money.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.
SUBCHAPTER E. BONDS
Text of section effective on April 01, 2011
Sec. 8279.201. AUTHORITY TO ISSUE BONDS. The district may issue
bonds to provide water and sewer service to areas inside or
outside the boundaries of the district, regardless of whether the
areas are contiguous or noncontiguous.
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. 8279.202. LOST OR MUTILATED BONDS. A trust indenture
securing bonds issued under this chapter may provide for the
issuance of bonds to replace lost or mutilated bonds.
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. 8279.203. USE OF BOND PROCEEDS DURING CONSTRUCTION. (a)
The district may appropriate or set aside out of the proceeds
from the sale of any bonds issued under this chapter an amount
for the payment of interest, administrative, and operating
expenses expected to accrue during a period of construction, as
may be provided in the bond orders or resolutions.
(b) For purposes of this section, the period of construction may
not exceed three years.
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. 8279.204. REFUNDING BONDS. (a) By order or resolution
adopted by the board, the district may issue revenue refunding
bonds or tax-revenue refunding bonds to refund revenue bonds or
tax-revenue bonds, whether original bonds or refunding bonds,
previously issued by the district.
(b) The comptroller shall register the refunding bonds on the
surrender and cancellation of the bonds to be refunded.
(c) Instead of issuing bonds to be registered on the surrender
and cancellation of the bonds to be refunded, the district, in
the order or resolution authorizing the issuance of the refunding
bonds, may provide for the sale of the refunding bonds and the
deposit of the proceeds in the place or places where the bonds to
be refunded are payable. In that case, the refunding bonds may
be issued if an amount sufficient to pay the principal of and
interest on the bonds to be refunded to their maturity dates, or
to their option dates if according to their terms the bonds have
been called for payment before maturity, has been deposited in
the place or places where the bonds to be refunded are payable,
and the comptroller shall register the refunding bonds without
the surrender and cancellation of the bonds to be refunded.
Added by Acts 2009, 81st Leg., R.S., Ch.
1139, Sec. 1.04, eff. April 1, 2011.