SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 6. WATER AND WASTEWATER

SUBTITLE F. MUNICIPAL UTILITY DISTRICTS

CHAPTER 8153. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT

NO. 44

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8153.001.

DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "Director" means a member of the board.

(3) "District" means the Brazoria County Municipal Utility District No. 44.

Added by Acts 2005, 79th Leg., Ch. 460 (S.B. 1871 ),

Sec. 1, eff. September 1, 2005.

Sec. 8153.002. NATURE OF DISTRICT. The district is a municipal utility district in Brazoria County created under and essential to accomplish the purposes of

Section 59 ,

Article XVI, Texas Constitution.

Added by Acts 2005, 79th Leg., Ch. 460 (S.B. 1871 ),

Sec. 1, eff. September 1, 2005.

Sec. 8153.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under

Section 8153.024 before September 1, 2007:

(1) the district is dissolved September 1, 2007, except that:

(

A) any debts incurred shall be paid;

(

B) any assets that remain after the payment of debts shall be transferred to Brazoria 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, 2010.

Added by Acts 2005, 79th Leg., Ch. 460 (S.B. 1871 ),

Sec. 1, eff. September 1, 2005.

Sec. 8153.004. 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; or

(3) the legality or operation of the board.

Added by Acts 2005, 79th Leg., Ch. 460 (S.B. 1871 ),

Sec. 1, eff. September 1, 2005.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8153.051. DIRECTORS; TERMS. (

a) The district is governed by a board of five directors.

(

b) Directors serve staggered four-year terms.

Added by Acts 2005, 79th Leg., Ch. 460 (S.B. 1871 ),

Sec. 1, eff. September 1, 2005.

Sec. 8153.052. ELECTION OF DIRECTORS. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected.

Added by Acts 2005, 79th Leg., Ch. 460 (S.B. 1871 ),

Sec. 1, eff. September 1, 2005.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8153.101. 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 2005, 79th Leg., Ch. 460 (S.B. 1871 ),

Sec. 1, eff. September 1, 2005.

Sec. 8153.102. ROAD PROJECTS. (

a) To the extent authorized under

Section 52 ,

Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads or turnpikes, or improvements in aid of those roads or turnpikes, inside the district.

(

b) A road project must meet or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located. If the district is located outside the extraterritorial jurisdiction of a municipality, a road project must meet or exceed all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each county in which the district is located.

(

c) The district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by ordinance or resolution. If the district is located outside the extraterritorial jurisdiction of a municipality, the district may not undertake a road project unless each county in which the district is located consents by ordinance or resolution.

Added by Acts 2005, 79th Leg., Ch. 460 (S.B. 1871 ),

Sec. 1, eff. September 1, 2005.

Sec. 8153.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR RESOLUTIONS. Subject to the limitations of

Section 54.016 , Water Code, the district shall comply with all applicable requirements of any ordinance or resolution adopted by the city council of the City of Bonney.

Added by Acts 2005, 79th Leg., Ch. 460 (S.B. 1871 ),

Sec. 1, eff. September 1, 2005.

Sec. 8153.104. 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 2005, 79th Leg., Ch. 460 (S.B. 1871 ),

Sec. 1, eff. September 1, 2005.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8153.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds issued under

Section 8153.201 .

Added by Acts 2005, 79th Leg., Ch. 460 (S.B. 1871 ),

Sec. 1, eff. September 1, 2005.

SUBCHAPTER E. BONDS

Sec. 8153.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. (

a) The district may issue bonds or other obligations as provided by Chapters 49 and 54 , Water Code, to finance the construction, maintenance, or operation of projects under Sections 8153.101 and 8153.102 .

(

b) The district may not issue bonds to finance projects authorized by

Section 8153.102 unless the issuance is approved by a vote of a two-thirds majority of the voters of the district voting at an election called for that purpose.

(

c) Bonds or other obligations issued or incurred to finance projects authorized by

Section 8153.102 may not exceed one-fourth of the assessed value of the real property in the district.

(

d) Sections 49.181 and 49.182 , Water Code, do not apply to a project undertaken by the district under

Section 8153.102 or to bonds issued by the district to finance the project.

Added by Acts 2005, 79th Leg., Ch. 460 (S.B. 1871 ),

Sec. 1, eff. September 1, 2005.

SPECIAL DISTRICT LOCAL LAWS CODE

TITLE 1. GENERAL PROVISIONS

CHAPTER 1. GENERAL PROVISIONS

Sec. 1.001. PURPOSE OF CODE. (

a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as

Section 323.007 , Government Code. The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.

(

b) Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable by:

(1) rearranging the statutes into a more logical order;

(2) employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;

(3) eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions; and

Acts 2003, 78th Leg., ch. 1277,

Sec. 1, eff. April 1, 2005.

Sec. 1.002. CONSTRUCTION OF CODE.

Chapter 311 , Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.

Acts 2003, 78th Leg., ch. 1277,

Sec. 1, eff. April 1, 2005.

Sec. 1.003. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.

Acts 2003, 78th Leg., ch. 1277,

Sec. 1, eff. April 1, 2005.

Sec. 1.004. LIMITATION ON EXERCISE OF EMINENT DOMAIN POWER. An entity governed by Title 6 and authorized by law to exercise the power of eminent domain may only exercise the power for a public use in