CHAPTER 8368. PARKLANDS MUNICIPAL UTILITY DISTRICT NO. 1
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE F. MUNICIPAL UTILITY DISTRICTS
CHAPTER 8368. PARKLANDS MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8368.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Parklands Municipal Utility District
No. 1.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
Sec. 8368.002. NATURE OF DISTRICT. The district is a municipal
utility district created under Section 59, Article XVI, Texas
Constitution.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
Sec. 8368.003. CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
The temporary directors shall hold an election to confirm the
creation of the district and to elect five permanent directors as
provided by Section 49.102, Water Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
Sec. 8368.004. ELECTION DATES. Section 41.001(a), Election
Code, does not apply to an election to:
(1) confirm the district's creation;
(2) elect initial permanent directors; or
(3) approve a maintenance tax, bond, or contract.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
Sec. 8368.005. CONSENT OF MUNICIPALITY REQUIRED. The temporary
directors may not hold an election under Section 8368.003 until
each municipality in whose corporate limits or extraterritorial
jurisdiction the territory described by Section 2 of the Act
creating this chapter is located has consented by ordinance or
resolution and to the inclusion of land in the district.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
Sec. 8368.006. TERRITORY ADDED. (a) The territory described by
Section 2 of the Act creating this chapter is added to the
district's territory as of the effective date of this section.
(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 the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes for which
the district is created or to pay the principal of and interest
on a bond;
(3) right to impose a tax; or
(4) legality or operation.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8368.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8368.052, directors serve
staggered four-year terms.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
Sec. 8368.052. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Benjamin B. Tolson;
(2) Jordan R. Smith;
(3) Shad Schmid;
(4) Ryan N. Stevens; and
(5) Janet Cobbel.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under Section
8368.003; or
(2) the fourth anniversary of the effective date of the Act
creating this chapter.
(c) If permanent directors have not been elected under Section
8368.003 and the terms of the temporary directors have expired,
successor temporary directors shall be appointed or reappointed
as provided by Subsection (d) to serve terms that expire on the
earlier of:
(1) the date permanent directors are elected under Section
8368.003; or
(2) the fourth anniversary of the date of the appointment or
reappointment.
(d) If Subsection (c) applies, the owner or owners of a majority
of the assessed value of the real property in the district may
submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the
five persons named in the petition.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8368.101. 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 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
Sec. 8368.102. AUTHORITY FOR ROAD PROJECTS. Under Section 52,
Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality
for operation and maintenance macadamized, graveled, or paved
roads, including bridges, storm drainage, and other improvements
or appurtenances in aid of those roads.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
Sec. 8368.103. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning
and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits or
extraterritorial jurisdiction of a municipality, the road project
must meet all applicable construction standards, subdivision
requirements, and regulations of each county in which the road
project is located.
(c) If a municipality or county will maintain and operate the
road, the municipality or county must approve the plans and
specifications of the road project.
(d) If the state will maintain and operate the road, the Texas
Transportation Commission must approve the plans and
specifications of the road project.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
Sec. 8368.104. DIVISION OF DISTRICT. (a) The district may be
divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes or assessments.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers
and duties of the district, including the power to divide in
accordance with this section.
(c) Any new district created by the division of the district may
not, at the time the new district is created, contain any land
outside:
(1) the territory of the district at the time the district was
created; or
(2) the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value
of the real property in the district according to the most recent
certified appraisal roll for each county in which the district is
located, may adopt an order dividing the district.
(e) The board may adopt an order dividing the district before or
after the date the board holds an election under Section 8368.003
to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the territory of
each new district;
(3) appoint temporary directors for each new district; and
(4) provide for the division of assets and liabilities between
or among the new districts.
(g) On or before the 30th day after the date of adoption of an
order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8368.003.
(i) Any new district created by the division of the district
must hold an election as required by Chapters 49 and 54, Water
Code, and this chapter to obtain voter approval before the
district may impose a maintenance tax or issue bonds payable
wholly or partly from ad valorem taxes.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
Sec. 8368.105. 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:
(1) a road project authorized by Section 8368.102; or
(2) a recreational facility as defined by Section 49.462, Water
Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8368.151. TAX TO REPAY BONDS. The district may impose a
tax to pay the principal of or interest on bonds issued under
Section 8368.201.
Added by Acts 2009, 81st Leg., R.S., Ch.
861, Sec. 1, eff. June 19, 2009.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8368.201. BONDS FOR ROAD PROJECTS. (a) 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.
(b) 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.
861, Sec. 1, eff. June 19, 2009.