CHAPTER 9012. CROSBY MUNICIPAL UTILITY DISTRICT OF HARRIS COUNTY, TEXAS
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS
CHAPTER 9012. CROSBY MUNICIPAL UTILITY DISTRICT OF HARRIS COUNTY,
TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9012.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "District" means the Crosby Municipal Utility District of
Harris County, Texas.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.12, eff. April 1, 2009.
Sec. 9012.002. NATURE OF DISTRICT. The district is:
(1) a conservation and reclamation district under Section 59,
Article XVI, Texas Constitution;
(2) a water control and improvement district; and
(3) a municipal corporation.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.12, eff. April 1, 2009.
Sec. 9012.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All land and other property in the district will benefit
from the creation of the district and the improvements the
district will purchase, construct, or otherwise acquire.
(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. 1.12, eff. April 1, 2009.
SUBCHAPTER B. DISTRICT TERRITORY AND EXCLUSIONS FROM DISTRICT
TERRITORY
Sec. 9012.051. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 1, Chapter 554,
Acts of the 59th Legislature, Regular Session, 1965 (Article
8280-315, Vernon's Texas Civil Statutes), as that territory may
have been modified under:
(1) Subchapter O, Chapter 51, Water Code;
(2) Subchapter J, Chapter 49, Water Code;
(3) former Section 5, Chapter 554, Acts of the 59th Legislature,
Regular Session, 1965 (Article 8280-315, Vernon's Texas Civil
Statutes); or
(4) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field
notes in the legislative process does not affect:
(1) the district's organization, existence, or validity;
(2) the district's right to issue bonds or to pay the principal
of and interest on the bonds;
(3) the district's right to impose a tax; or
(4) the legality or operation of the district or its governing
body.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.12, eff. April 1, 2009.
Sec. 9012.052. EXCLUDING TERRITORY FROM THE DISTRICT. (a) The
board may exclude territory from the district before voting any
bonds or taxes in and for the district.
(b) The board shall give notice of its intention to hold a
hearing on the question of excluding territory from the district.
The notice must:
(1) specify the date and place of the hearing; and
(2) describe by metes and bounds the territory proposed to be
excluded.
(c) The notice must be published at least once in a newspaper of
general circulation in Harris County. The first publication of
the notice must be at least 10 days before the date set for the
hearing.
(d) The board by order may exclude the territory from the
district if at the hearing the board finds that the proposed
exclusion of territory is advantageous to the district and to the
territory to be excluded. In the order, the board shall also
redefine the boundaries of the district to embrace all land not
excluded. The territory is no longer a part of the district.
(e) The order authorizing the exclusion must be recorded in the
board minutes.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.12, eff. April 1, 2009.
Sec. 9012.053. HEARINGS FOR EXCLUSION OF TERRITORY. (a) The
board is not required to call or hold a hearing on the exclusion
of land or other property from the district.
(b) This section may not be construed to prevent the board on
its own motion from calling and holding an exclusion hearing
under general law.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.12, eff. April 1, 2009.
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 9012.101. COMPOSITION OF BOARD. The board is composed of
five directors.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.12, eff. April 1, 2009.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 9012.151. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS.
The district has the rights, powers, privileges, and duties
provided by general law applicable to a water control and
improvement district created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 51, Water Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.12, eff. April 1, 2009.
Sec. 9012.152. ACQUISITION OF IMPROVEMENTS. The district may
make, construct, or otherwise acquire improvements inside or
outside the district that are necessary or convenient to carry
out a power granted to the district under this chapter or a
general law described by Section 9012.151.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.12, eff. April 1, 2009.
Sec. 9012.153. COST OF RELOCATING OR ALTERING PROPERTY. (a) In
this section, "sole expense" means the actual cost of relocating,
raising, lowering, rerouting, or 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 derived from the old facility.
(b) If the district's exercise of the power of eminent domain,
the power of relocation, or any other power conferred by this
chapter makes necessary the relocation, raising, rerouting,
changing the grade, or alteration of the construction of a
highway, a railroad, an electric transmission line, or a
telephone or telegraph property or facility, or a pipeline, the
necessary action shall be accomplished at the sole expense of the
district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.12, eff. April 1, 2009.
Sec. 9012.154. LIMIT ON EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain outside the district.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.12, eff. April 1, 2009.
Sec. 9012.155. DURATION OF CONTRACT FOR WATER PURCHASE OR SALE.
A district contract for the purchase or sale of water may not
exceed 40 years.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.12, eff. April 1, 2009.
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 9012.201. TAX METHOD. (a) The district shall use the ad
valorem basis or plan of taxation.
(b) The board is not required to hold a hearing on the adoption
of a plan of taxation.
Added by Acts 2007, 80th Leg., R.S., Ch.
920, Sec. 1.12, eff. April 1, 2009.