CHAPTER 8297. HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8297. HAYS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 6
For contingent expiration of this chapter, see Section 8297.004.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8297.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Hays County Municipal Utility District
No. 6.
Added by Acts 2007, 80th Leg., R.S., Ch.
961, Sec. 1, eff. June 15, 2007.
Sec. 8297.002. NATURE OF DISTRICT. The district is a municipal
utility district in Hays 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.
961, Sec. 1, eff. June 15, 2007.
Sec. 8297.003. FINDINGS OF PUBLIC USE AND BENEFIT. (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 to be accomplished by the
district under powers conferred by Section 52, Article III, and
Section 59, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
961, Sec. 1, eff. June 15, 2007.
Sec. 8297.004. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 8297.023 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 Hays 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, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
961, Sec. 1, eff. June 15, 2007.
Sec. 8297.005. 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;
(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.
961, Sec. 1, eff. June 15, 2007.
Sec. 8297.006. CONSTRUCTION OF CHAPTER. This chapter shall be
liberally construed in conformity with the findings and purposes
set forth in this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
961, Sec. 1, eff. June 15, 2007.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 8297.025.
Sec. 8297.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Sam McBride;
(2) Ken Austin;
(3) Mike Coble;
(4) Mike Schroeder; and
(5) David Fulkerson.
(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 8297.023; or
(2) the date this chapter expires under Section 8297.004.
Added by Acts 2007, 80th Leg., R.S., Ch.
961, Sec. 1, eff. June 15, 2007.
Sec. 8297.022. CONSENT OF MUNICIPALITY REQUIRED. (a) The
temporary directors may not hold an election under Section
8297.023 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.
(b) A resolution adopted by a municipality before April 1, 2007,
is not effective under this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
961, Sec. 1, eff. June 15, 2007.
Sec. 8297.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) 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.
(b) If a majority of the votes cast at the election favor the
creation of the district, the temporary directors shall declare
the district created. If a majority of the votes cast at the
election do not favor the creation of the district, the district
is not created. The temporary directors shall file a copy of the
election results with the Texas Commission on Environmental
Quality.
Added by Acts 2007, 80th Leg., R.S., Ch.
961, Sec. 1, eff. June 15, 2007.
Sec. 8297.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 8297.023 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.
961, Sec. 1, eff. June 15, 2007.
Sec. 8297.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
Added by Acts 2007, 80th Leg., R.S., Ch.
961, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8297.051. 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.
961, Sec. 1, eff. June 15, 2007.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8297.101. 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.
961, Sec. 1, eff. June 15, 2007.
Sec. 8297.102. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR
RESOLUTIONS. The district shall comply with all applicable
requirements of any ordinance or resolution adopted by the city
council of the City of Dripping Springs that consents to the
creation of the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
961, Sec. 1, eff. June 15, 2007.
Sec. 8297.103. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain outside the
district only to acquire an easement necessary for a pipeline
that serves the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
961, Sec. 1, eff. June 15, 2007.