CHAPTER 8294. EMERALD BAY MUNICIPAL UTILITY DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8294. EMERALD BAY MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8294.001. DEFINITION. In this chapter, "district" means
Emerald Bay Municipal Utility District.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Renumbered from Special District Local Laws Code, Section
8159.001 by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(78), eff. September 1, 2009.
Sec. 8294.002. NATURE OF DISTRICT. (a) The district is a
conservation and reclamation district in Smith County created
under Section 59, Article XVI, Texas Constitution.
(b) The district is a political subdivision of the state.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Renumbered from Special District Local Laws Code, Section
8159.002 by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(78), eff. September 1, 2009.
Sec. 8294.003. 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 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 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Renumbered from Special District Local Laws Code, Section
8159.003 by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(78), eff. September 1, 2009.
Sec. 8294.004. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2(a), Chapter 722,
Acts of the 68th Legislature, Regular Session, 1983, 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 of the district form a closure. A mistake in
the description of the boundaries under Section 2(a), Chapter
722, Acts of the 68th Legislature, Regular Session, 1983, does
not affect:
(1) the district's organization, existence, and validity;
(2) the district's right to issue bonds for a purpose for which
the district is created or to pay the principal of and interest
on the bonds; or
(3) the legality or operation of the district or its governing
body.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Renumbered from Special District Local Laws Code, Section
8159.004 by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(78), eff. September 1, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8294.051. COMPOSITION OF BOARD. The district is governed
by a board of five directors who serve staggered terms.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Renumbered from Special District Local Laws Code, Section
8159.051 by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(78), eff. September 1, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8294.101. MUNICIPAL UTILITY DISTRICT POWERS. The district
may exercise the rights, powers, privileges, and functions
provided by general law applicable to a municipal utility
district created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Renumbered from Special District Local Laws Code, Section
8159.101 by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(78), eff. September 1, 2009.
Sec. 8294.102. GENERAL CONTRACT POWERS. The district may enter
into a water supply, sewage treatment, solid waste, or drainage
contract, or any combination of those contracts, with a municipal
corporation, political subdivision, or private entity.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Renumbered from Special District Local Laws Code, Section
8159.102 by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(78), eff. September 1, 2009.
Sec. 8294.103. CONTRACTS TO ACQUIRE EXISTING WATER OR SEWER
SYSTEMS. A contract for the acquisition of an existing water or
sewer facility may be made on terms approved by the contracting
parties.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Renumbered from Special District Local Laws Code, Section
8159.103 by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(78), eff. September 1, 2009.
Sec. 8294.104. VOTER APPROVAL OF CERTAIN CONTRACTS. (a) A
contract that provides for the district to make payment from
taxes other than maintenance taxes must be approved by a majority
of the district voters voting on the question at an election held
for that purpose.
(b) The election shall be held in the same manner as an election
for the issuance of bonds payable from taxes by a municipal
utility district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.10, eff. April 1, 2009.
Renumbered from Special District Local Laws Code, Section
8159.104 by Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.001(78), eff. September 1, 2009.