|
|
Court OpinionsState LawsAlabama US Code1 USC - General Provisions US Constitution |
Texas Water Code - Chapter 54 Municipal Utility DistrictsLegal Research Home > Texas Laws > Water Code > Texas Water Code - Chapter 54 Municipal Utility Districts In this chapter: (1) "District" means a municipal utility district operating under this chapter. (2) "Board" means the board of directors of a district. (3) ... A municipal utility district may be created under and subject to the authority, conditions, and restrictions of Article XVI, Section 59, of the Texas Constitution. ... A district shall be created for the following purposes: (1) the control, storage, preservation, and distribution of its storm water and floodwater, the water of ... (a) A district may include the area in all or part of any county or counties including all or part of any cities and other ... When it is proposed to create a district, a petition requesting creation shall be filed with the commission. The petition shall be signed by a ... The petition shall: (1) describe the boundaries of the proposed district by metes and bounds or by lot and block number, if there is a ... (a) No land within the corporate limits of a city or within the extraterritorial jurisdiction of a city, shall be included in a district unless ... (a) If all or part of a proposed district is to be located outside the extraterritorial jurisdiction of a city, the commissioners court of the ... (a) A municipal utility district composed of noncontiguous areas that on January 1, 1995, are contained in the extraterritorial jurisdiction of two municipalities may choose, ... (a) The board of a district that is located in the extraterritorial jurisdictions of more than one municipality by resolution may select the municipality that ... If a petition is filed under Section 54.014, the commission shall give notice of an application as required by Section 49.011 and may conduct a ... (a) If the commission determines that a hearing is necessary under Section 49.011, the commission shall conduct a hearing and accept evidence on the sufficiency ... (a) If the commission finds that the petition conforms to the requirements of Section 54.015 and that the project is feasible and practicable and is ... If the commission grants the petition, it shall appoint five temporary directors to serve until permanent directors are elected. Added by Acts 1971, 62nd Leg., ... Any person who signed the petition, any city, or any person who appeared in person or by attorney or agent and offered testimony for or ... The rights, powers, privileges, authority, and functions conferred on a district by granting of a petition for creation shall be subject to the continuing right ... After a district has been organized, each temporary director shall execute a bond in accordance with the provisions of Section 49.055 and shall take the ... (a) Any water improvement district, water control and improvement district, fresh water supply district, levee improvement district, irrigation district, or any other conservation and reclamation ... When the resolution requesting conversion is filed, the commission, or someone authorized by the commission, shall fix a date, time, and place when the conversion ... (a) Notice of the conversion hearing shall be given by publishing notice in a newspaper with general circulation in the county or counties in which ... (a) After a hearing, if the commission finds that conversion of the district into one operating under this chapter would serve the best interest of ... A district which is converted into a district operating under this chapter shall: (1) be constituted a municipal utility district operating under and governed by ... (a) Any district after converting into a municipal utility district may continue to exercise all necessary specific powers under any specific conditions provided by the ... The existing board of a district converted to a municipal utility district under the provisions of this chapter shall continue to serve as the board ... (a) This section applies only to regional plan implementation agencies, referred to in this section as agency, created as provided below. An agency may only ... A district shall be governed by a board of five directors. Added by Acts 1971, 62nd Leg., p. 781, ch. 84, § 1. ... To be qualified to serve as a director, a person shall be at least 18 years old, a resident citizen of the State of Texas, ... A board may not appoint a person to fill a vacancy on the board if the person: (1) resigned from the board: (A) in the ... (a) A district shall have the functions, powers, authority, rights, and duties which will permit accomplishment of the purposes for which it was created. (b) ... A district is authorized to purchase, construct, acquire, own, operate, maintain, repair, improve, extend, or establish a municipal solid waste collection and disposal system, including ... A district may adopt and enforce reasonable rules and regulations to: (1) secure and maintain safe, sanitary, and adequate plumbing installations, connections, and appurtenances as ... (a) If the tenant of an individually metered dwelling unit applies to a district for utility service for that unit, the district may not require ... Notwithstanding any other law, a district is not required to adopt a plumbing code. A district may adopt and enforce one or more plumbing codes ... After the required publication, rules adopted by the district under Section 54.205 of this code shall be recognized by the courts as if they were ... (a) The board shall publish once a week for two consecutive weeks a substantive statement of the rules and the penalty for their violation in ... The penalty for violation of a rule is not effective and enforceable until five days after the publication of the notice. Five days after the ... A district may not exercise the power of eminent domain outside the district boundaries to acquire: (1) a site for a water treatment plant, water ... Any district, which has the power to levy taxes, may petition the commission to acquire the powers granted to road utility districts operating pursuant to ... Any district created by general law or special act of the legislature in existence for at least 10 years which lies within a county that ... (a) In this section, "authorized water district" means a district created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution. ... Subject to the provisions of this section, a district may purchase, install, operate, and maintain street lighting or security lighting within public utility easements or ... (a) As used in this section, "restriction" means a limitation on the use of real property that is established or incorporated in properly recorded covenants, ... In this subchapter: (1) "Developer" means a person who owns a tract of land within a district and who has divided or proposes to divide ... A person aggrieved by a decision of a board involving the cost, purchase, or use of facilities may appeal the decision to the commission by ... The commission shall give notice of the petition to persons who the commission determines may be affected by the petition, including: (1) the board; (2) ... (a) After notice and hearing, the commission shall render a written decision granting or denying the petition, in whole or in part. (b) In rendering ... A district created by general law or special act of the legislature in existence for at least 10 years may repair or maintain a street ... A district that charges a fee that is an impact fee as described in Section 395.001(4), Local Government Code, shall use the fees collected and ... The district may issue its bonds for any purpose authorized by this chapter, Chapter 49, or other applicable laws, including the purpose of purchasing, constructing, ... (a) A district may issue its bonds in various series or issues. (b) Bonds shall mature serially or otherwise not more than 40 years from ... The board may provide for the payment of principal of and interest and redemption price on the bonds in any one of the following manners: ... (a) The bonds, within the discretion of the board, may be additionally secured by a deed of trust or mortgage lien on part or all ... Bonds payable solely from revenues may be issued by resolution or order of the board without an election, but no bonds, except refunding bonds, payable ... (a) Repealed by Acts 1995, 74th Leg., ch. 715, § 43, eff. Sept. 1, 1995. (b) All or any part of any facilities or improvements ... (a) In the orders or resolutions authorizing the issuance of bonds, including refunding bonds, the board may provide for the flow of funds, the establishment ... (a) The board shall sell the bonds on the best terms and for the best possible price but none of the bonds may be sold ... (a) A district may issue bonds to refund all or any part of its outstanding bonds, notes, or other obligations including matured but unpaid interest ... (a) Before the commission gives final approval on any bond issue for the purpose of financing a project of a district located wholly or partly ... In addition to all other rights and remedies provided by the laws of the state, in the event the district defaults in the payment of ... (a) The board, by order or resolution, may provide for the cancellation of all or any part of any bonds which have been submitted to ... The district may use bond proceeds to pay or to establish a reasonable reserve to pay not more than three years' interest on the notes ... (a) The legislature finds that the condition of streets affects: (1) the control, storage, preservation, and distribution of the state's storm and flood waters; (2) ... At the time bonds payable in whole or in part from taxes are issued, the board shall levy a continuing direct annual ad valorem tax ... (a) Repealed by Acts 1979, 66th Leg., p. 2330, ch. 841, § 6(a)(3), eff. Jan. 1, 1982. (b) In determining the actual rate to be ... In the event the board fails or refuses to levy a sufficient tax in each year which, together with other revenues or receipts which may ... The assessor and collector shall assess and collect taxes for the district. Added by Acts 1971, 62nd Leg., p. 801, ch. 84, § 1. Amended ... Two or more districts governed by the provisions of this chapter may consolidate into one district as provided by Sections 54.729-54.733 of this code. Added ... (a) After the board of each district has agreed on the terms and conditions of consolidation, which may include the assumption by each district of ... (a) After two or more districts are consolidated, they become one district and are governed as one district, except for the payment of debts created ... (a) After two or more districts are consolidated, the debts of the original districts shall be protected and may not be impaired. These debts may ... After consolidation, the district shall assess and collect taxes on property in the original districts to pay debts created by the original districts unless each ... In the event any consolidating district has voted but unissued bonds payable in whole or in part from taxation and the consolidated district assumed the ... (a) If the board considers it advisable before the issuance of any bonds, notes, or other indebtedness, the board may dissolve the district and liquidate ... The board shall post notice of the hearing on the bulletin board at the courthouse door of each county in which the district is located ... The board shall hear all interested persons and shall consider their evidence at the time and place stated in the notice. Added by Acts 1971, ... If the board unanimously determines from the evidence that the best interests of the persons and property in the district will be served by dissolving ... The board's decree to dissolve the district may be judicially reviewed in the manner set forth in Sections 54.708-54.710 of this code for the review ... After the district is organized and acquires facilities with which to function for the purposes for which it was organized, and votes, issues and sells ... An owner of land in the district not receiving services from the district may apply for its exclusion from the district boundaries if all taxes ... An application for exclusion can only be considered by the board if an application is filed by an owner of other land lying outside the ... The application submitted by an owner of land proposed for inclusion shall set forth that the owner of the new land assumes the payment of ... The board shall give notice of the hearing on the applications for exclusion and inclusion in conformity with the notice and hearing requirements otherwise applicable ... For purposes of the board's consideration of the applications, the lands proposed for inclusion shall be deemed to be sufficient to avoid an impairment of ... If the board finds that all the conditions provided for the exclusion of land and inclusion of other land in the district exist and that ... The land excluded from the district is free from any lien or liability created on the excluded land by reason of its having been included ... The district has the same right and obligation to furnish services to the included land that it previously had to furnish to the excluded land. ... (a) This section applies only to a district that has a total area of more than 5,000 acres. (b) The board shall call a hearing ... (a) Land excluded from the district under Section 54.748 that is pledged as security for any outstanding debt of the district remains pledged for its ... (a) A district that is composed of at least 1,500 acres may define areas or designate certain property of the district to pay for improvements, ... (a) The board shall adopt a proposed plan that defines the particular area to be taxed by metes and bounds or designates the property to ... (a) After proposed plans for a defined area or designated property are adopted, the board shall publish notice of the adoption once a week for ... (a) After the hearing is completed, the board may approve the proposed plans for the defined area or designated property or may modify the proposed ... On adoption of the plans as provided by Section 54.804 of this code and voter approval of the plans, the district, under the limitations of ... (a) Before the adopted plans may become effective, they must be approved by the voters in the defined area or within the boundaries of the ... The ballot proposition for an election under this subchapter must be printed to provide for voting for or against defining the area or designating the ... (a) If a majority of the voters voting at the election approve the proposition, the board shall declare the results and, by order, shall establish ... After the order is recorded, the district may issue its bonds to provide the specific plant, works, and facilities included in the plans adopted for ... If the voters of the designated area authorize the issuance of bonds for a particular purpose, a district may not issue bonds from any other ... If at an election, the voters approve the issuance of bonds and the levy of a tax that applies only to a designated area, the ... (a) A person who sells or conveys real property located within the designated area of the district shall supplement the notice to purchaser required by ... (a) This section applies only to a municipality any portion of which is located in a county with a population of more than 800,000 and ... Last modified: August 11, 2007 |
|