CHAPTER 8338. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 161
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8338. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 161
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8338.001. DEFINITION. In this chapter, "district" means
the Fort Bend County Municipal Utility District No. 161.
Added by Acts 2009, 81st Leg., R.S., Ch.
490, Sec. 1, eff. June 19, 2009.
Sec. 8338.002. NATURE AND PURPOSES OF DISTRICT. (a) The
district is a municipal utility district created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
(b) The district is essential to accomplish the purposes of
Section 52, Article III, Texas Constitution, that relate to the
construction, acquisition, or improvement of macadamized,
graveled, or paved roads described by Section 54.234, Water Code,
or improvements, including storm drainage, in aid of those roads.
Added by Acts 2009, 81st Leg., R.S., Ch.
490, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8338.051. GENERAL POWERS AND DUTIES. The district has the
powers and duties necessary to accomplish the purposes described
by Section 8338.002.
Added by Acts 2009, 81st Leg., R.S., Ch.
490, Sec. 1, eff. June 19, 2009.
Sec. 8338.052. 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 2009, 81st Leg., R.S., Ch.
490, Sec. 1, eff. June 19, 2009.
Sec. 8338.053. AUTHORITY FOR ROAD PROJECTS. (a) Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, and convey
to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval
from the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
490, Sec. 1, eff. June 19, 2009.
Sec. 8338.054. APPROVAL OF ROAD PROJECT. (a) The district may
not undertake a road project authorized by Section 8338.053
unless:
(1) each municipality or county that will operate and maintain
the road has approved the plans and specifications of the road
project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved the plans
and specifications of the road project, if the state will operate
and maintain the road.
(b) Except as provided by Subsection (a), the district is not
required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds
for, improve, or convey a road project.
Added by Acts 2009, 81st Leg., R.S., Ch.
490, Sec. 1, eff. June 19, 2009.
Sec. 8338.055. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for a road project
authorized by Section 8338.053.
Added by Acts 2009, 81st Leg., R.S., Ch.
490, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 8338.101. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS
FOR ROAD PROJECTS. (a) The district may issue bonds or other
obligations payable wholly or partly from ad valorem taxes,
impact fees, revenue, contract payments, grants, or other
district money, or any combination of those sources, to pay for a
road project authorized by Section 8338.053.
(b) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved
by a vote of a two-thirds majority of the district voters voting
at an election held for that purpose.
(c) At the time of issuance, the total principal amount of bonds
or other obligations issued or incurred to finance road projects
and payable from ad valorem taxes may not exceed one-fourth of
the assessed value of the real property in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
490, Sec. 1, eff. June 19, 2009.
Sec. 8338.102. TAXES FOR BONDS. At the time the district issues
bonds payable wholly or partly from ad valorem taxes, the
district shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while
all or part of the bonds are outstanding as required and in the
manner provided by Sections 54.601 and 54.602, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
490, Sec. 1, eff. June 19, 2009.