reglab/statecodes huggingface dataset:
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter A. General Provisions › Section 8099.0105. Findings of Public Purpose and Benefit

Sec. 8099.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.  (a)  The district is created to serve a public purpose and benefit.
(b)  The district is created to accomplish the purposes of:
(1)  a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and
(2)  Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Added by Acts 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter A. General Provisions › Section 8099.0106. Initial District Territory

Sec. 8099.0106.  INITIAL DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act enacting 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 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter B. Board of Directors › Section 8099.0201. Governing Body; Terms

Sec. 8099.0201.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of five elected directors.
(b)  Except as provided by Section 8099.0202, directors serve staggered four-year terms.
Added by Acts 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter B. Board of Directors › Section 8099.0202. Temporary Directors

Sec. 8099.0202.  TEMPORARY DIRECTORS.  (a)  The temporary board consists of:
(1)  Timothy White;
(2)  Lyle Klingbeil;
(3)  Jennifer Vaughan;
(4)  Maria George; and
(5)  Hunter Waneck.
(b)  Temporary directors serve until the earlier of:
(1)  the date permanent directors are elected under Section 8099.0103; or
(2)  the fourth anniversary of the effective date of the Act enacting this chapter.
(c)  If permanent directors have not been elected under Section 8099.0103 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 8099.0103; 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 commission 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 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter C. Powers and Duties › Section 8099.0301. General Powers and Duties

Sec. 8099.0301.  GENERAL POWERS AND DUTIES.  The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Added by Acts 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter C. Powers and Duties › Section 8099.0302. Municipal Utility District Powers and Duties

Sec. 8099.0302.  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 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter C. Powers and Duties › Section 8099.0303. Authority for Road Projects

Sec. 8099.0303.  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, or improvements, including storm drainage, in aid of those roads.
Added by Acts 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter C. Powers and Duties › Section 8099.0304. Road Standards and Requirements

Sec. 8099.0304.  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 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 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter C. Powers and Duties › Section 8099.0305. Compliance With Municipal Consent Ordinance or Resolution

Sec. 8099.0305.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION.  The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter D. General Financial Provisions › Section 8099.0401. Elections Regarding Taxes or Bonds

Sec. 8099.0401.  ELECTIONS REGARDING TAXES OR BONDS.  (a)  The district may issue, without an election, bonds and other obligations secured by:
(1)  revenue other than ad valorem taxes; or
(2)  contract payments described by Section 8099.0403.
(b)  The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
(c)  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.
Added by Acts 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter D. General Financial Provisions › Section 8099.0402. Operation and Maintenance Tax

Sec. 8099.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized at an election held under Section 8099.0401, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.
(b)  The board shall determine the tax rate.  The rate may not exceed the rate approved at the election.
Added by Acts 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter D. General Financial Provisions › Section 8099.0403. Contract Taxes

Sec. 8099.0403.  CONTRACT TAXES.  (a)  In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.
(b)  A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.
Added by Acts 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter E. Bonds and Other Obligations › Section 8099.0501. Authority to Issue Bonds and Other Obligations

Sec. 8099.0501.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.  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 any authorized district purpose.
Added by Acts 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter E. Bonds and Other Obligations › Section 8099.0502. Taxes for Bonds

Sec. 8099.0502.  TAXES FOR BONDS.  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board 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 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8099 - Brazoria County Municipal Utility District No. 76 › Subchapter E. Bonds and Other Obligations › Section 8099.0503. Bonds for Road Projects

Sec. 8099.0503.  BONDS FOR ROAD PROJECTS.  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 2019, 86th Leg., R.S., Ch. 246 (S.B. 2469), Sec. 1, eff. May 28, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter A. General Provisions › Section 8100.0101. Definitions

Sec. 8100.0101.  DEFINITIONS.  In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "Commission" means the Texas Commission on Environmental Quality.
(3)  "Director" means a board member.
(4)  "District" means the Howe Municipal Utility District No. 1.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter A. General Provisions › Section 8100.0102. Nature of District

Sec. 8100.0102.  NATURE OF DISTRICT.  The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter A. General Provisions › Section 8100.0103. Confirmation and Director Election Required

Sec. 8100.0103.  CONFIRMATION AND DIRECTOR 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 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter A. General Provisions › Section 8100.0104. Consent of Municipality Required

Sec. 8100.0104.  CONSENT OF MUNICIPALITY REQUIRED.  The temporary directors may not hold an election under Section 8100.0103 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter A. General Provisions › Section 8100.0105. Findings of Public Purpose and Benefit

Sec. 8100.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.  (a)  The district is created to serve a public purpose and benefit.
(b)  The district is created to accomplish the purposes of:
(1)  a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and
(2)  Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter A. General Provisions › Section 8100.0106. Initial District Territory

Sec. 8100.0106.  INITIAL DISTRICT TERRITORY.  (a)  The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.
(b)  The boundaries and field notes contained in Section 2 of the Act enacting 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 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter B. Board of Directors › Section 8100.0201. Governing Body; Terms

Sec. 8100.0201.  GOVERNING BODY; TERMS.  (a)  The district is governed by a board of five elected directors.
(b)  Except as provided by Section 8100.0202, directors serve staggered four-year terms.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter B. Board of Directors › Section 8100.0202. Temporary Directors

Sec. 8100.0202.  TEMPORARY DIRECTORS.  (a)  The temporary board consists of:
(1)  Linda Baker;
(2)  Cynthia Lowe Bakhashab;
(3)  Debra Brown;
(4)  Telicia Marie Owens; and
(5)  David Lee Taylor.
(b)  Temporary directors serve until the earlier of:
(1)  the date permanent directors are elected under Section 8100.0103; or
(2)  the fourth anniversary of the effective date of the Act enacting this chapter.
(c)  If permanent directors have not been elected under Section 8100.0103 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 8100.0103; 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 commission 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 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter C. Powers and Duties › Section 8100.0301. General Powers and Duties

Sec. 8100.0301.  GENERAL POWERS AND DUTIES.  The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter C. Powers and Duties › Section 8100.0302. Municipal Utility District Powers and Duties

Sec. 8100.0302.  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 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter C. Powers and Duties › Section 8100.0303. Authority for Road Projects

Sec. 8100.0303.  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, or improvements, including storm drainage, in aid of those roads, inside or outside the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter C. Powers and Duties › Section 8100.0304. Road Standards and Requirements

Sec. 8100.0304.  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 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 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter C. Powers and Duties › Section 8100.0305. Compliance With Municipal Consent Ordinance or Resolution

Sec. 8100.0305.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION.  The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 54.016 or 54.0165, Water Code, and that consents to the creation of the district or to the inclusion of land in the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter C. Powers and Duties › Section 8100.0306. Division of District

Sec. 8100.0306.  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.
(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.
(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 the area described by Section 2 of the Act enacting 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, 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 8100.0103 to confirm the creation of the district.
(f)  An order dividing the district must:
(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 commission 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 8100.0103.
(i)  If the creation of the new district is confirmed, the new district shall provide the election date and results to the commission.
(j)  Any new district created by the division of the district must hold an election as required by 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.
(k)  Municipal consent to the creation of the district and to the inclusion of land in the district granted under Section 8100.0104 acts as municipal consent to the creation of any new district created by the division of the district and to the inclusion of land in the new district.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter D. General Financial Provisions › Section 8100.0401. Elections Regarding Taxes or Bonds

Sec. 8100.0401.  ELECTIONS REGARDING TAXES OR BONDS.  (a)  The district may issue, without an election, bonds and other obligations secured by:
(1)  revenue other than ad valorem taxes; or
(2)  contract payments described by Section 8100.0403.
(b)  The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
(c)  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.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter D. General Financial Provisions › Section 8100.0402. Operation and Maintenance Tax

Sec. 8100.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If authorized at an election held under Section 8100.0401, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.
(b)  The board shall determine the tax rate.  The rate may not exceed the rate approved at the election.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter D. General Financial Provisions › Section 8100.0403. Contract Taxes

Sec. 8100.0403.  CONTRACT TAXES.  (a)  In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.
(b)  A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter E. Bonds and Other Obligations › Section 8100.0501. Authority to Issue Bonds and Other Obligations

Sec. 8100.0501.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.  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 any authorized district purpose.
Added by Acts 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter E. Bonds and Other Obligations › Section 8100.0502. Taxes for Bonds

Sec. 8100.0502.  TAXES FOR BONDS.  At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board 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 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8100 - Howe Municipal Utility District No. 1 › Subchapter E. Bonds and Other Obligations › Section 8100.0503. Bonds for Road Projects

Sec. 8100.0503.  BONDS FOR ROAD PROJECTS.  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 2019, 86th Leg., R.S., Ch. 1258 (H.B. 4668), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter A. General Provisions › Section 8101.001. Definitions

Sec. 8101.001.  DEFINITIONS.  In this chapter:
(1)  "Authority" means the Athens Municipal Water Authority.
(2)  "Board" means the authority's board of directors.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter A. General Provisions › Section 8101.002. Nature of Authority

Sec. 8101.002.  NATURE OF AUTHORITY.  The authority is a conservation and reclamation district in Henderson County.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter A. General Provisions › Section 8101.003. Finding of Benefit and Public Purpose

Sec. 8101.003.  FINDING OF BENEFIT AND PUBLIC PURPOSE.
(a)  The legislature finds that  the authority is created to serve a public use and benefit.
(b)  The authority is created under and is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
(c)  The accomplishment of the purposes stated in this chapter are for the benefit of the people of this state and for the improvement of their properties and industries.  The authority in carrying out the purposes of this chapter will be performing an essential public function under the constitution of this state.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 13.005(a), eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter A. General Provisions › Section 8101.004. Liberal Construction of Chapter

Sec. 8101.004.  LIBERAL CONSTRUCTION OF CHAPTER.  This chapter shall be liberally construed to effect its purposes.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter B. District Territory and Annexations to District Territory › Section 8101.051. Boundaries

Sec. 8101.051.  BOUNDARIES.  The authority is in Henderson County and, unless modified as provided by Section 8101.052, by Subchapter J, Chapter 49, Water Code, or by Subchapter O, Chapter 51, Water Code, the boundaries of the authority are coextensive with the corporate limits of the city of Athens, Henderson County, Texas, as those corporate limits existed on September 1, 2003.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 13.005(b), eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter B. District Territory and Annexations to District Territory › Section 8101.052. Annexations of Territory

Sec. 8101.052.  ANNEXATIONS OF TERRITORY.  (a)  The board, as provided by this section, may annex territory the City of Athens annexes.  The authority may not annex territory under this section if bonds supported by ad valorem taxes previously voted on remain unissued and unsold.
(b)  The board by order may set a date for a hearing on the annexation and hold the hearing on that date.
(c)  Notice of the hearing must:
(1)  be posted in three public places in the territory proposed to be annexed at least 15 days before the date set for the hearing;  and
(2)  contain a statement of the nature and purpose of the hearing and the date, time, and place of the hearing.
(d)  A person whose land is included in or would be affected by the annexation may:
(1)  appear at the hearing to contest the annexation;  and
(2)  offer testimony to show that the annexation would or would not benefit land proposed to be annexed.
(e)  The board shall enter a resolution ordering the annexation and designating the territory if the board finds as a result of the hearing that the proposed annexation is feasible and practicable and would benefit the land proposed to be annexed.  The board may designate the territory by reference to the city's annexation ordinance or in another manner.
(f)  The board shall refuse the proposed annexation if the board finds as a result of the hearing that the annexation does not satisfy the requirements of Subsection (e).
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 13.005(c), eff. September 1, 2007.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter B. District Territory and Annexations to District Territory › Section 8101.053. Limitation on Assumption of Tax Obligations

Sec. 8101.053.  LIMITATION ON ASSUMPTION OF TAX OBLIGATIONS.  (a)  The authority may not impose on territory the authority annexes under Section 8101.052 a tax obligation the authority incurred before annexation unless:
(1)  the owners of the land annexed provide written consent for the assumption of that tax obligation;  or
(2)  at an election held for that purpose in the territory, a majority of the voters of the territory approve the assumption of that tax obligation.
(b)  The notice provisions of Section 49.106, Water Code, apply to an election held under this section.
(c)  The election notice must be published in a newspaper published in the city of Athens.  If a newspaper is not published in the city of Athens, it is sufficient to post notices at three public places in that city at least 28 days before the date of the election.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter C. Board of Directors › Section 8101.101. General Powers

Sec. 8101.101.  GENERAL POWERS.  The board consists of five directors.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter C. Board of Directors › Section 8101.102. Eligibility to Serve

Sec. 8101.102.  ELIGIBILITY TO SERVE.  (a)  A director must reside in and own taxable property in the authority.
(b)  A person may not serve as a director if the person is:
(1)  a member of a governing body of a municipality;  or
(2)  an employee of a municipality.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter C. Board of Directors › Section 8101.103. Directors Election

Sec. 8101.103.  DIRECTORS ELECTION.  (a)  The board shall issue an order for each directors election stating the time, place, and purpose of the election.
(b)  Notice of a directors election shall be published in a newspaper of general circulation in the authority's territory one time at least 30 days before the date of the election.
(c)  The appropriate number of candidates who receive the highest number of votes shall be declared elected.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter C. Board of Directors › Section 8101.104. Ballot Procedure for Candidates

Sec. 8101.104.  BALLOT PROCEDURE FOR CANDIDATES.  (a)  A person who wants to have the person's name printed on the ballot as a candidate for director must submit a petition to the board secretary requesting that action.
(b)  The petition must be:
(1)  signed by at least 50 qualified voters;  and
(2)  presented to the secretary not later than the 21st day before the date of the election.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter C. Board of Directors › Section 8101.105. Appointment of Secretary and Treasurer

Sec. 8101.105.  APPOINTMENT OF SECRETARY AND TREASURER.  The board shall appoint a secretary and a treasurer.  The board may combine those offices.  The secretary or treasurer is not required to be a director.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter C. Board of Directors › Section 8101.106. Vote by Board President

Sec. 8101.106.  VOTE BY BOARD PRESIDENT.  The president has the same right to vote as any other director.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter C. Board of Directors › Section 8101.107. Director's and Treasurer's Bond

Sec. 8101.107.  DIRECTOR'S AND TREASURER'S BOND.  (a)  A director shall give bond in the amount of $5,000 for the faithful performance of the director's duties.
(b)  The treasurer shall give bond in an amount required by the board, conditioned on the treasurer's faithfully accounting for all money that comes into the treasurer's custody.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter C. Board of Directors › Section 8101.108. Compensation

Sec. 8101.108.  COMPENSATION.  Unless the board by resolution increases the fee to an amount authorized by Section 49.060, Water Code, each director shall receive a fee not to exceed $10 for attending each board meeting and a fee not to exceed $10 for each day devoted to authority business.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter D. Powers and Duties › Section 8101.151. Powers and Duties

Sec. 8101.151.  POWERS AND DUTIES.  The authority has:
(1)  all the powers of a governmental agency;  and
(2)  the rights, powers, privileges, and functions that:
(A)  may be contemplated and implied by Section 59, Article XVI, Texas Constitution;  or
(B)  are conferred by the general laws of the state relating to water control and improvement districts, including Chapters 49 and 51, Water Code, unless those rights, powers, privileges, or functions conflict with this chapter.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter D. Powers and Duties › Section 8101.152. Water Supply and Distribution

Sec. 8101.152.  WATER SUPPLY AND DISTRIBUTION.  (a)  The authority may develop, construct, or purchase dams, reservoirs, and underground or other sources of water.
(b)  The authority may construct or purchase all works, plants, and other facilities necessary or useful to:
(1)  provide a source of water supply;
(2)  store and process the water;  and
(3)  transport and distribute the water for municipal, domestic, and industrial purposes.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter D. Powers and Duties › Section 8101.153. Waste Services

Sec. 8101.153.  WASTE SERVICES.  To preserve and protect the purity of the waters of the authority and this state and to conserve and reclaim those waters for beneficial use by the inhabitants of the authority, the authority may provide all plants, works, facilities, and appliances incident to, helpful to, or necessary to collect, transport, process, dispose of, and control all domestic, industrial, or communal wastes, whether fluid, solid, or composite.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter D. Powers and Duties › Section 8101.154. Eminent Domain

Sec. 8101.154.  EMINENT DOMAIN.  (a)  The authority may exercise the power of eminent domain to acquire land and easements to carry out any power conferred by this chapter.
(b)  The authority must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code.
(c)  The board shall determine the amount of and character of interest in land and easements to be acquired.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter D. Powers and Duties › Section 8101.155. Cost of Relocating Property

Sec. 8101.155.  COST OF RELOCATING PROPERTY.  If the authority, in the exercise of the power of eminent domain, the power of relocation, or any other power granted under this chapter, makes necessary relocating, raising, rerouting, changing the grade of, or altering the construction of any highway, railroad, electric transmission line, or pipeline or telephone or telegraph property or facility, the authority is solely responsible for the expense of that necessary action.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter D. Powers and Duties › Section 8101.156. Construction or Purchase Contracts

Sec. 8101.156.  CONSTRUCTION OR PURCHASE CONTRACTS.  (a)  Except as provided by Subsection (e), the authority shall award a construction contract or contract for the purchase of materials, equipment, or supplies requiring an expenditure of more than $2,000 to the lowest and best bidder.
(b)  Notice to bidders must be published once each week for two weeks before the contract is awarded.
(c)  The notice is sufficient if it states:
(1)  the time and place for opening the bids;
(2)  the general nature of the work to be done or the material, equipment, or supplies to be purchased;  and
(3)  where and how copies of the plans and specifications may be obtained.
(d)  The notice must be printed in a newspaper that is designated by the board and that is published in Henderson County.
(e)  This section does not apply to the purchase of a system or part of a system in existence at the time of the purchase.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter D. Powers and Duties › Section 8101.157. Contracts With Municipalities and Others

Sec. 8101.157.  CONTRACTS WITH MUNICIPALITIES AND OTHERS.  (a)  The authority may contract with municipalities and others for supplying services to them.
(b)  The authority may contract with any municipality for the rental, lease, or operation of the water production, water supply, and water supply facilities of the authority for the consideration agreed to by the authority and the municipality.
(c)  The authority may contract with any municipality for the rental, lease, or operation of the water production, water supply, and water supply facilities or sanitary sewer system of the municipality for the consideration agreed to by the authority and the municipality.
(d)  A contract under this section:
(1)  may be on the terms and for the period to which the parties agree;  and
(2)  may provide that the contract continues in effect until the bonds specified by the contract and refunding bonds issued in place of those bonds are paid.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter E. General Financial Provisions › Section 8101.201. Tax Method

Sec. 8101.201.  TAX METHOD.  The authority shall use the ad valorem plan of taxation.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.
2023 Texas Statutes › Special District Local Laws Code › Title 6 - Water and Wastewater › Subtitle F - Municipal Utility Districts › Chapter 8101 - Athens Municipal Water Authority › Subchapter E. General Financial Provisions › Section 8101.202. Tax Assessor and Collector

Sec. 8101.202.  TAX ASSESSOR AND COLLECTOR.  Before issuing bonds payable wholly or partly from ad valorem taxes or imposing ad valorem taxes for any other purpose, the board shall:
(1)  appoint a tax assessor and collector;
(2)  provide for taxes to be assessed;  and
(3)  provide for the preparation of tax rolls.
Acts 2003, 78th Leg., ch. 1277, Sec. 1, eff. April 1, 2005.